Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta Monday, January 12, 2009 and adjourned Friday Apr. 3, 2009

Compiler's Note
The Journal of the House of Representatives for the 2009 Regular Session is bound in three separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 12, 2009 through March 10, 2009. Volume II contains March 12, 2009 through April 1, 2009. Volume III contains April 3, 2009 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 2009 and adjourned Friday, April 3, 2009
VOLUME I
2009 Atlanta, Ga. Printed on Recycled Paper

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
2009-2010
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
MORGAN MCGRADY.................................. Assistant Clerk for Information Systems FULTON COUNTY
SARA RELAFORD ......................................................... Assistant Clerk for Bill Status DEKALB COUNTY
CARRIE HUTCHERSON .................................... Assistant Clerk for Bill Maintenance ROCKDALE COUNTY

MONDAY, JANUARY 12, 2009

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HOUSE JOURNAL

Representative Hall, Atlanta, Georgia

Monday, January 12, 2009

The Representatives-elect of the General Assembly of Georgia for the years 20092010 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Robert E. Rivers, Jr., Clerk of the House of Representatives.

Prayer was offered by Pastor Brian Bloye, West Ridge Church, Dallas, Georgia.

The members pledged allegiance to the flag.

The following communication from the Honorable Karen C. Handel, Secretary of State, certifying the Representatives-elect for the years 2009-2010, was received and read:

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 eight (8) pages of typewritten matter constitute a true and correct list of State Representatives in the General Assembly of Georgia elected at the 2008 General Election held on November 4, 2008; all as the same appear of file and record in this office.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 6th day of January, in the year of our Lord Two Thousand and Nine and of the Independence of the United States of America the Two Hundred and Thirty-Third.

(SEAL)

/s/ Karen C. Handel Secretary of State

James (Jay) Wilson Neal, Jr. Martin J. Scott Thomas Darrell Weldon, Jr.

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

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William Roger Williams John D. Meadows, III Thomas S. Dickson David Ralston Stephen Todd Allison Hinton "Amos" Amerson Richard (Rick) Maurice Austin, Jr. Barbara Massey Reece John Thomas Graves, Jr. Katie M. Dempsey Barry Dean Loudermilk Paul R. Battles James R. "Rick" Crawford Howard Richard Maxwell John Mark Butler Glenn Richardson Charlice H. Byrd J. Calvin Hill Sean Jerguson Mark D. Hamilton Thomas Patrick Knox James Willard Mills, Jr. Carlton Wellborn Rogers, Sr. Douglas A. Collins Michael Walter Harden Alan T. Powell Thomas (Tom) Allen McCall Thomas (Tommy) Housch Benton, Sr. Judith Gail Manning Don Edwin Wix Richard (Rich) Marshall Golick Leonard Edwin Setzler Earl Ehrhart Terry Johnson Patricia A. Dooley Alisha Thomas Morgan Robert Brandon Teilhet Sharon Cooper Don L. Parsons Robert (Bobby) L. Franklin, Jr. Sheila Jones Matthew Kelly Dollar Jan Slaughter Jones

State Representative, District 4 State Representative, District 5 State Representative, District 6 State Representative, District 7 State Representative, District 8 State Representative, District 9 State Representative, District 10 State Representative, District 11 State Representative, District 12 State Representative, District 13 State Representative, District 14 State Representative, District 15 State Representative, District 16 State Representative, District 17 State Representative, District 18 State Representative, District 19 State Representative, District 20 State Representative, District 21 State Representative, District 22 State Representative, District 23 State Representative, District 24 State Representative, District 25 State Representative, District 26 State Representative, District 27 State Representative, District 28 State Representative, District 29 State Representative, District 30 State Representative, District 31 State Representative, District 32 State Representative, District 33 State Representative, District 34 State Representative, District 35 State Representative, District 36 State Representative, District 37 State Representative, District 38 State Representative, District 39 State Representative, District 40 State Representative, District 41 State Representative, District 42 State Representative, District 43 State Representative, District 44 State Representative, District 45 State Representative, District 46

MONDAY, JANUARY 12, 2009

3

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

State Representative, District 47 State Representative, District 48 State Representative, District 49 State Representative, District 50 State Representative, District 51 State Representative, District 52 State Representative, District 53 State Representative, District 54 State Representative, District 55 State Representative, District 56 State Representative, District 57 State Representative, District 58 State Representative, District 59 State Representative, District 60 State Representative, District 61 State Representative, District 62 State Representative, District 63 State Representative, District 64 State Representative, District 65 State Representative, District 66 State Representative, District 67 State Representative, District 68 State Representative, District 69 State Representative, District 70 State Representative, District 71 State Representative, District 72 State Representative, District 73 State Representative, District 74 State Representative, District 75 State Representative, District 76 State Representative, District 77 State Representative, District 78 State Representative, District 79 State Representative, District 80 State Representative, District 81 State Representative, District 82 State Representative, District 83 State Representative, District 84 State Representative, District 85 State Representative, District 86 State Representative, District 87 State Representative, District 88 State Representative, District 89

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Howard Mosby Rahn Mayo Pamela S. Stephenson Dorethea Dawkins-Haigler Randal Mangham Toney L. Collins Pedro R. Marin Brooks P. Coleman, Jr. Bobby Clifford Reese Hugh Floyd Brian Thomas Michael Todd Coan John Clayton (Clay) Cox David Samuel Casas Lee Thompson Donna H. Sheldon Melvin Jerome Everson Len Walker Terry Lamar England Steve Davis John R. Lunsford Jeff May Doug Holt Robert H. (Bob) Smith, Sr. Keith G. Heard Douglas C. McKillip Mickey Channell Lee Anderson Ben Lewis Harbin Barbara Sims William Quincy Murphy Henry D. Howard Hardie Davis Gloria J. Frazier Helen G. 'Sistie' Hudson James M. "Jim" Cole David Wayne Knight William Joseph Maddox Carl Von Epps Vance Smith, Jr. Debbie Gignilliat Buckner Richard H. Smith Calvin Smyre

State Representative, District 90 State Representative, District 91 State Representative, District 92 State Representative, District 93 State Representative, District 94 State Representative, District 95 State Representative, District 96 State Representative, District 97 State Representative, District 98 State Representative, District 99 State Representative, District 100 State Representative, District 101 State Representative, District 102 State Representative, District 103 State Representative, District 104 State Representative, District 105 State Representative, District 106 State Representative, District 107 State Representative, District 108 State Representative, District 109 State Representative, District 110 State Representative, District 111 State Representative, District 112 State Representative, District 113 State Representative, District 114 State Representative, District 115 State Representative, District 116 State Representative, District 117 State Representative, District 118 State Representative, District 119 State Representative, District 120 State Representative, District 121 State Representative, District 122 State Representative, District 123 State Representative, District 124 State Representative, District 125 State Representative, District 126 State Representative, District 127 State Representative, District 128 State Representative, District 129 State Representative, District 130 State Representative, District 131 State Representative, District 132

MONDAY, JANUARY 12, 2009

5

Carolyn F. Hugley Michael Arthur Cheokas Lynmore James Tony Sellier Allen M. Peake Nikki T. Randall David E. Lucas James Epps Bobby Eugene Parham Mack Jackson DuBose Porter Jimmy Homer Pruett, Jr. Willie Talton Lawrence E. (Larry) O'Neal, Jr. Buddy Harden Robert P. Hanner Gerald E. Greene Winfred Dukes Carol H. Fullerton Eugene Edward Rynders, Jr. James Austin Scott James (Jay) Hugh Roberts Gregory Adam Morris Larry J. "Butch" Parrish Jon Guerry Burns Robert Emory Lane Earl Leroy "Buddy" Carter Robert B. Bryant, Sr. Mickey Stephens Joseph Craig Gordon Cecil Burke Day, Jr. James Ronald Stephens (Al) Cyril Algernon Williams Terry E. Barnard Roger B. Lane Tommy Ray Smith Charles (Chuck) Neil Sims, Jr. Lillian Penelope (Penny) Houston Jay Powell Eugene Talmadge Maddox Michael Huel Keown, Sr. Calvin Ellis Black Amy Alexander Carter

State Representative, District 133 State Representative, District 134 State Representative, District 135 State Representative, District 136 State Representative, District 137 State Representative, District 138 State Representative, District 139 State Representative, District 140 State Representative, District 141 State Representative, District 142 State Representative, District 143 State Representative, District 144 State Representative, District 145 State Representative, District 146 State Representative, District 147 State Representative, District 148 State Representative, District 149 State Representative, District 150 State Representative, District 151 State Representative, District 152 State Representative, District 153 State Representative, District 154 State Representative, District 155 State Representative, District 156 State Representative, District 157 State Representative, District 158 State Representative, District 159 State Representative, District 160 State Representative, District 161 State Representative, District 162 State Representative, District 163 State Representative, District 164 State Representative, District 165 State Representative, District 166 State Representative, District 167 State Representative, District 168 State Representative, District 169 State Representative, District 170 State Representative, District 171 State Representative, District 172 State Representative, District 173 State Representative, District 174 State Representative, District 175

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James (Jay) S. Shaw John Mark Hatfield Mark P. Williams Jerry L. Keen Cecily A. Hill

State Representative, District 176 State Representative, District 177 State Representative, District 178 State Representative, District 179 State Representative, District 180

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

Abdul-Salaam Abrams Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole Coleman E Collins, D Collins, T Cooper Cox

Crawford Davis, H Davis, S Dawkins-Haigler Day Dempsey Dickson Dobbs Dollar Dooley Drenner Dukes Ehrhart England Epps, C Epps, J Everson Floyd Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Hatfield Heard

Heckstall Hembree Henson Hill, C Hill, C.A Holt Horne Houston Howard Hudson Hugley Jackson Jacobs James Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lucas Lunsford Maddox, B Maddox, G Mangham

Manning Marin Martin Maxwell May Mayo McCall McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, A Powell, J Pruett Ralston Ramsey Randall Reece Reese Rice Roberts Rogers

Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, C Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V Smyre Stephens, M Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Walker Weldon Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Richardson, Speaker

The following oath of office was administered to the Representatives-elect by Leah Ward Sears, Chief Justice, Supreme Court of Georgia.

"I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I

MONDAY, JANUARY 12, 2009

7

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."
The following communications were received:
House of Representatives Coverdell Legislative Office Building, Room 504
Atlanta, Georgia 30334
April 4, 2008
Honorable Sonny Perdue Governor State of Georgia Atlanta, Georgia 30334
Dear Governor Perdue:
I write to you today to inform you of my resignation from the House of Representatives, effective April 15, 2008.
In nineteen years of service, the legislature in which I have participated has brought great change to our state. I am proud of the Georgia we helped build. This unique place we call home has become a beacon of success and growth for us. With this success and growth comes the enormous responsibility of managing the state's many resources. I

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look forward to doing my part and continuing to serve the citizens of Georgia as a Department of Transportation Board Member for the 2nd Congressional District.
It has been an honor to serve under the Gold Dome. Working with the leadership of the state, including individual representatives and senators has made an indelible impression. I will take this great understanding of our state and the challenges it faces to my next level of responsibility.
Sincerely,
/s/ Johnny Floyd State Representative District 147
JF/jj
Cc: Honorable Glenn Richardson Robyn Underwood
State of Georgia Office of the Governor
Atlanta 30334-0900
April 24, 2008
The Honorable Johnny Floyd Representative, District 147 Georgia House of Representatives P.O. Box 5260 Cordele, Georgia 31010
Dear Representative Floyd:
Thank you for the service you have rendered as a member of the Georgia House of Representatives. I appreciate you taking the time to apprise me of your resignation, effective April 15, 2008.
Your resignation is hereby accepted, and I wish you all the best in your future endeavors. Once again, thank you for your service to the State of Georgia.
Sincerely,
/s/ Sonny Perdue Governor

MONDAY, JANUARY 12, 2009

9

SP:rg
cc: The Honorable Karen Handel, Secretary of State The Honorable Glenn Richardson, Speaker, Georgia House of Representatives Ms. Robyn Underwood, Fiscal Officer, Legislative Fiscal Office
State of Georgia Office of the Governor
Atlanta 30334-0900
May 14, 2008
The Honorable Glenn Richardson Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Speaker Richardson:
I have vetoed House Bills 119, 373, 552, 821, 828, 857, 887, 978, 1027, 1116, 1129, 1217, and 1249, which passed the General Assembly in the 2008 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.
I have also included signing statements for House Bills 1245 and 1277.
Sincerely,
/s/ Sonny Sonny Perdue Governor
SP:jht
Enclosure
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

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State of Georgia Office of the Governor
Atlanta 30334-0900

May 14, 2008

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 196, 345, and 553, and Senate Resolution 820, which passed the General Assembly in the 2008 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.

I have also included signing statements for Senate bill 276 and Senate Resolution 1063.

Sincerely,

/s/ Sonny Sonny Perdue Governor

SP:jht

Enclosure

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

MONDAY, JANUARY 12, 2009

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Veto Number 1
HB 119 House Bill 119 raises the statutory compensation for Georgia's Supreme Court justices, Court of Appeals and Superior Court judges and District Attorneys. I have consistently expressed concern with raising judicial officers' salaries without tackling the well above-market retirement benefits. In addition, I commissioned a review of judicial pay in Georgia and found it in line with competitor states and various counsel. The same review also confirmed that the judiciary's retirement benefits are far above market average. I have seen no compelling data to the contrary. I disagree with those who have suggested that current judicial pay has diminished the quality of applicants for judicial office. Contrary to such critics, I continue to be impressed with the quality and character of those who offer themselves for public service in the State judiciary. I have full confidence in the abilities of those I have appointed to the bench as well as many of the candidates I have interviewed. These facts lead me to conclude that no data demonstrates a need to raise judicial compensation at this time, so I VETO House Bill 119.
Veto Number 2
HB 373 House Bill 373 addresses two unrelated retirement issues: return to work and the transfer of credible service between retirement systems. The bill would allow retired members of the Uniformed Division of the Department of Public Safety to return to work full time, which runs counter to the purpose of retirement benefits and the choices made by those members who decided to retire. Whatever perceived ills this legislation seeks to address should be assuaged by my budget recommendation that includes funding for personnel at the Department. Thus, the fiscal and policy concerns I have about this legislation require me to VETO House Bill 373.
Veto Number 3
HB 552 House Bill 552 authorizes the City of Snellville to act in a manner consistent with the Redevelopment Powers Act. At the request of the sponsors, I VETO House Bill 552 as duplicative of House Bill 1261.
Veto Number 4
HB 821 House Bill 821 changes the compensation for the Office of Cobb County Solicitor-General. At the request of the authors, I VETO HB 821.
Veto Number 5
HB 828 House Bill 828 would move Banks County from the Lanier Technical College service delivery area to the North Georgia Technical College service delivery

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area. It is my understanding that this legislation circumvented the normal process for making such a change: consulting the Department of Technical and Adult Education, now known as the Technical College System of Georgia. In order to allow the System to best plan for Georgia's students through discussions with the legislative branch, I VETO House Bill 828.
Veto Number 6
HB 857 House Bill 857 increases the salary for the Sheriff of Washington County. Last year I vetoed legislation passed under similar circumstances, explaining that "The County Commission was not consulted before this legislation was introduced, but the County Commission must provide for the unfunded mandate contained in [the vetoed legislation] 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 identical reasons, I VETO House Bill 857.
Veto Number 7
HB 887 House Bill 887 creates a Master Settlement Agreement Advisory Committee on Tobacco Use Prevention and Control Programs within the Department of Human Resources. It is my view that the Advisory Committee duplicates the duties of the Executive and the Legislative branches in representing the voices of Georgians. I am not convinced that that various groups named to the Committee lack access to Georgia's policy makers. I am also concerned that other groups might have been inadvertently omitted or overlooked. I am confident that my Administration and the General Assembly remain open to input from all Georgians on this issue. Consequently, I VETO House Bill 887.
Veto Number 8
HB 978 House Bill 978 requires that law enforcement officers impound the vehicle of any person caught driving without a valid driver's license. While it does provide three exceptions (1) persons driving with an expired license; (2) first-time offenders that are under 17 years of age; and (3) persons otherwise exempt from carrying a Georgia drivers' license it mandates impoundment in all other circumstances. To help address what I believe to be the concerns of this legislation's author, I have already signed Senate Bill 350, which enhances the penalties for driving without a valid drivers' license. However, because I believe that officers should have discretion to determine when a vehicle should be impounded, and because I am concerned about how this legislation will impact new residents to Georgia, I cannot sign House Bill 978. I therefore VETO House Bill 978.

MONDAY, JANUARY 12, 2009

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Veto Number 9
HB 1027 House Bill 1027 would allow certain offenders to take online driver improvement programs. It maintains a fee of $75.00 for classroom courses and Internetbased programs through May 31, 2008; subsequently, both online and classroom courses may charge no more than $75.00. I believe that the delivery of online classes should be less expensive than classroom courses, which is not wholly reflected in House Bill 1027. More importantly, I have serious concerns about the integrity of a punishment that permits habitual violators of Georgia's traffic laws to take online courses. For these reasons, I VETO House Bill 1027.
Veto Number 10
HB 1116 House Bill 1116 extends the sunset on the Probation Management Act. It also raises the statutory minimum amount that the State Treasury must reimburse county governments for housing persons convicted of felonies from $7.50 to $25.00, an over 333% increase, per day commencing on the fifteenth day after receipt of sentencing documents. The latter provision will not be effective until 2010. I support the extension of the Probation Management Act, but I believe decisions about compensation for counties should be made in the budget not statute. Accordingly, I VETO House Bill 1116.
Veto Number 11
HB 1129 House Bill 1129 provides sales tax refunds for certain tourism related projects. Anytime the State uses public funds to subsidize companies locating or expanding in Georgia, we have an obligation to insure that the economic development returns exceed the investment. To these ends, I have charged the Department of Economic Development to use prudently the incentives available under existing law to attract tourism companies to locate in Georgia. Given these principles, I am not persuaded that the fiscal costs of this legislation outweigh the potential benefits. First, the case has not been made that companies' decisions to locate tourism attractions are based on tax incentives rather than traffic, demographics and other objective factors. Georgia will, therefore, likely not achieve the full benefit of net new jobs that are expected from this legislation. Second, imposing an incentive structure like the one in House Bill 1129 could result in excessive application, and it could create a perceived entitlement for new and existing Georgia companies. Put differently, codifying potential tourism incentives sets a floor in negotiations, and I believe it raises the expectation for additional incentives. It is preferable to handle each project on a case-by-case basis, which may include with the approval of the General Assembly some of the types of incentives provided in House Bill 1129. Given these concerns, I cannot support and therefore VETO House Bill 1129.

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Veto Number 12
HB 1217 House Bill 1217 provides a regime to license Georgia's home inspectors. I am cognizant and respectful of the fact that the advocates for the legislation chose to use and were approved by the Georgia Occupational Regulation Review Council (GORRC). I have come to believe that GORRC review should be the initial threshold for the creation of a new licensing board. I am also aware that the private sector provides several, voluntary professional organizations to achieve the goals of the legislation. It is my preference that the market not the State regulate as many of our industries as possible. Thus, in order to not supplant the good work of the free market with taxpayer funds, I VETO House Bill 1217.
Veto Number 13
HB 1249 House Bill 1249 provides several new tax credits related to solar energy companies establishing or expanding a headquarters in Georgia. I support the location and expansion of clean energy companies in Georgia, but the precedent set by this legislation is too costly to be applied across the board. Specifically, House Bill 1249 provides overly generous tax subsidies for (1) research and development; (2) jobs; and (3) capital construction. It allows the tax credits to be offset against withholding or sales and use taxes owed to the extent the beneficiary's tax credit exceed its taxable income. The cost of this legislation that currently benefits only one company in Georgia is over $4 million in State revenue. Because of my concern that this rich package will be the perceived standard for similar industries in Georgia, I am compelled to VETO House Bill 1249.
Veto Number 14
SB 196 Senate Bill 196, like House Bill 311, expands on the HERO scholarship program. I have already expanded the reach of the HERO program by signing House Bill 311. The differences between this legislation and the existing and expanded program make it difficult to administer. Beyond this, the General Assembly appropriated no funds to implement Senate Bill 196. For these reasons, I VETO Senate Bill 196.
Veto Number 15
SB 345 Senate Bill 345 mandates Georgia's participation in the Interstate Compact on Educational Opportunity for Military Children, which would assess unspecified fees on Georgia to be appropriated by the General Assembly. Should the General Assembly fail to appropriate the undetermined amount, the proposed compact would subject the State of Georgia to a lawsuit to recover funds. I cannot support a self-perpetuating financial obligation imposed on Georgia tax payers. I fully support efforts to enhance the quality of life for children of military families stationed in Georgia, and I encourage the

MONDAY, JANUARY 12, 2009

15

Department of Education to adopt policies to reach these ends. I believe, however, that the proposed compact represents an abdication and unconstitutional binding of the Legislature's powers of appropriation. I therefore VETO Senate Bill 345.
Veto Number 16
SB 553 Senate Bill 553 changes the corporate limits of the City of Ringold. At the request of a member of the local delegation, I VETO Senate Bill 553 to allow the parties time to resolve the matter without State intervention.
Veto Number 17
SR 820 Senate Resolution 820 creates a Joint Study Committee to examine law enforcement within the Department of Natural Resources. The stated objective of the Study Committee is to "undertake a study of the conditions, needs, issues, and problems" facing the Department of Natural Resources, but the proposed study committee fails to include any representation from the Executive Branch. It is my belief that formal examinations of an Executive Agency should include representatives from the Executive Branch of government. For this reason, I VETO Senate Resolution 820.
Signing Statement 1
HB 1245 I signed House Bill 1245 because it provides necessary changes to Georgia's Public defender Standards Council, and it rightly restricts the use of senior judges in capital cases. But in addition to those matters, Section 13 of the legislation extends the sunset for what is known as "Joshua's Law," a program that imposes additional fees on persons convicted of moving violations to help pay for driver education. Irrespective of the merits of extending Joshua's Law, Article 3, Section 5, paragraph 3 of the Georgia Constitution provides that "no bill shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof." Put simply, statutes should be limited to a single subject so that the members of the General Assembly may cast informed votes on the important matters before them. Extending Joshua's Law due to a last minute conference committee addition violates at least the spirit of the single subject rule. However, I believe the benefits of this legislation outweigh the harm in this case. By this signing statement, however, I am expressing my concern with non-germane amendments inserted at the eleventh hour, and I hope the members of the General Assembly will agree with me during the next legislative session.
Signing Statement 2
HB 1277 House Bill 1277 provides access to the State Health Benefit Plan for charter school employees. I support this policy, and I am appreciative that the sponsor of the

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legislation worked with my Administration during the session to resolve those concerns that made me veto a similar bill last year. My signing of this legislation should not be considered acquiescence of any other employee benefits beyond policy makers' intent to allow charter school employees to enroll in the State Health Benefit Plan; no other aspect of a charter school employee's employment is affected by my signing of House Bill 1277.
Signing Statement 3
SB 276 I signed Senate Bill 276 because I believe the market should be allowed to regulate automobile insurance rates in order to provide flexibility for Georgia's drivers and insurers. I also believe that providing insurers access to a market largely free from rate regulation provides economic development advantages to Georgia. Despite statements to the contrary, approximately half of the states do not regulate the price of automobile insurance, and my study of the issue revealed no discernable difference between rates of automobile insurance in regulated and unregulated states. Further, it is important to me that rates of automobile insurance policies that contain only the mandatory provisions must still obtain the approval of the Department of Insurance. I am also taking the automobile insurance industry at its word that it will embark on an education campaign to inform Georgians of the ability to opt-out of the stacking provision contained in this legislation. Importantly, however, policymakers will be watching to make sure that the freedoms provided in this legislation will not be abused.
Signing Statement 4
SR 1063 Senate Resolution 1063 urges the Georgia Environmental Protection Division (EPD) to adopt an appropriate water quality standard for the Savannah Harbor, a process that is currently underway by EPD. I support this effort. In fact, EPD has already briefed the DNR Board on the need for a Savannah Harbor dissolved oxygen standard and expects to brief the DNR Board on the specific standard to be recommended in June 2008. EPD has worked closely with USEPA, South Carolina, the Georgia Ports Authority, industry and other affected stakeholders to determine a standard that can be approved by USEPA. SR 1063 identifies the "modified Virginia Province" as the correct approach for the development of a new standard; however, this is only one of several approaches already being considered by EPD. The final approach and resulting standard determined by the EPD process currently underway must be one that is suited to the hydrologic and environmental characteristics of the lower Savannah River watershed in Georgia and South Carolina.
State of Georgia Office of the Governor
Atlanta 30334-0900
May 14, 2008

MONDAY, JANUARY 12, 2009

17

The Honorable Casey Cagle Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334

The Honorable Glenn Richardson Speaker of the House of Representatives 332 State Capitol Atlanta, Georgia 30334

Dear Gentlemen:

Please be advised that I have line item vetoed the appropriations below and identified language to disregard for the following Sections in House Bill 990:

Vetoes: Section 21, pertaining to the Department of Economic Development, page 73, line
2499; Section 21, pertaining to the Department of Economic Development, page 73, line
2500; Section 21, pertaining to the Department of Economic Development, page 73, line
2502; Section 21, pertaining to the Department of Economic Development, page 73, line
2503; Section 22, pertaining to the Department of Education, page 87, line 2954; Section 26, pertaining to the Department of Human Resources, page 125, line
4245; Section 29, pertaining to the Department of Juvenile Justice, page 141, line 4788; Section 37, pertaining to the Department of Public Safety, page 164, line 5581; Section 37, pertaining to the Department of Public Safety, page 167, line 5705; Section 39, pertaining to the Board of Regents, page 175, line 5998; Section 39, pertaining to the Board of Regents, page 178, line 6087; Section 45, pertaining to the Department of Technical and Adult Education, page
201, line 6893; Section 45, pertaining to the Department of Technical and Adult Education, page
202, line 6914; Section 46, pertaining to the Department of Transportation, page 204, line 6982; Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 213-
214, line 7303; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 214,
line 7305; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 224,
line 7405; Section 49, pertaining to the General Obligation Debt Sinking Fund, page 224,
line 7406;

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Non-Binding Information Language to Disregard Section 16, pertaining to the Department of Community Health, page 49, line
1718; Section 16, pertaining to the Department of Community Health, page 49, line
1719; Section 16, pertaining to the Department of Community Health, page 51, line
1777; Section 16, pertaining to the Department of Community Health, page 53, line
1825; Section 22, pertaining to the Department of Education, page 80, line 2722; Section 26, pertaining to the Department of Human Resources, page 122, line
4144;
The Veto Messages and Language are enclosed for each item referenced above.
Sincerely,
/s/ Sonny Sonny Perdue Governor
SP:jht
Enclosure
cc: The Honorable Thurbert E. Baker, Attorney General The Honorable Karen Handel, Secretary of State The Honorable Jack Hill, Chairman, Senate Appropriations Committee The Honorable Ben Harbin, Chairman, House Appropriations Committee Mr. Robert F. Ewing, Secretary of the Senate Mr. Robert E. Rivers, Jr., Clerk of the House of Representatives Mr. Sewell R. Brumby, Legislative Counsel
HB 990 FY 2009 Appropriations Bill Vetoes and Language Strikes
Vetoes
Section 21, pertaining to the Department of Economic Development, page 73, line 2499:
The General Assembly appropriated $125,000 in state general funds to the Tourism program for the development of a five year business plan for the Georgia Tourism

MONDAY, JANUARY 12, 2009

19

Foundation. The initial state investment of $1.2 million in the Foundation was intended to generate significant private investment in tourism development. The sustainability of the foundation is dependent on the success of this public-private partnership. The Tourism Foundation has been charged to raise funds from outside sources for their five year business plan. Therefore, I veto the appropriation of $125,000 contained in this proviso.
Section 21, pertaining to the Department of Economic Development, page 73, line 2500:
The General Assembly earmarked $150,000 in state general funds to the Tourism program for the restoration of Augusta's historic Powder Works chimney. State support for this project is not justified. Therefore, I veto the appropriation of $150,000 contained in this proviso.
Section 21, pertaining to the Department of Economic Development, page 73, line 2502:
The General Assembly appropriated $3,000,000 in state general funds to the Tourism program for the National Infantry Museum. The state has fulfilled its commitment to the National Infantry Museum with the $5,000,000 appropriation in the fiscal year 2008 budget. Therefore, I veto the appropriation of $3,000,000 contained in this proviso.
Section 21, pertaining to the Department of Economic Development, page 73, line 2503:
The General Assembly appropriated $250,000 in state general funds to the Tourism program for the Georgia International and Maritime Trade Center Authority to perform an economic impact and environmental improvement study. The State of Georgia issued a total of $17.7 million in bonds for the Trade Center in 1994 and 1995 and still has outstanding debt service of nearly $6 million. The local community has reaped significant economic benefit from the state's investment and should shoulder the financial investment involved in the feasibility study. Therefore, I veto the appropriation of $250,000 contained in this proviso.
Section 23, pertaining to the Department of Education, page 87, line 2954:
The General Assembly appropriated $900,000 in state general funds to the Technology/Career Education program in order to provide funds for a Classroom Technology initiative. Classroom technology is important as evidenced by my FY '09 budget recommendation of $17,696,972 in state funds and $52,975,212 in total funds for the Technology/Career Education program as a whole. While classroom technology is important, the failure to fund such a classroom technology initiative comprehensively or

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demonstrate the need for such funding on a limited basis is the fatal flaw. Therefore, I veto the appropriation of $900,000 contained in this proviso.
Section 26, pertaining to the Department of Human Resources, page 125, line 4245:
The General Assembly appropriated $31,007 in state general funds for the Brain and Spinal Injury Trust Fund program to provide for increased operating expenses. The trust fund operates efficiently from annual DUI fines. State general fund support for this program is not justified. Therefore, I veto this appropriation.
Section 29, pertaining to the Department of Juvenile Justice, page 141, line 4788:
The General Assembly earmarked $600,000 in the Children and Youth Coordinating Council for "Connecting Henry, Inc." to provide for a multi-jurisdictional collaborative to address the high drop out rate in the community. I am supportive of the goals of this collaborative and encourage them to work creatively with the local school system and our graduation and community coaches towards the goal of lowering the drop out rate in Henry County. Given the myriad of other initiatives in this state directed towards this laudable goal and the equivalent need in other communities for similar services, I cannot justify an earmark of state funds for this particular collaborative. Nonetheless, funding is also available on a competitive basis through the Governor's Office for Children and Families for these types of activities. Therefore, I veto the appropriation of $600,000 contained in this proviso.
Section 37, pertaining to the Department of Public Safety, page 164, line 5581:
The General Assembly appropriated $250,000 in state general funds to the Field Offices and Services program for the purchase of equipment for the Columbia County State Patrol Post. This is a new location for the State Patrol Post currently in Thomson, McDuffie County. Equipment and other associated expenses will be transferred from the Thomson location. This appropriation was given higher priority by the General Assembly than funding for the 87th trooper school which would have resulted in at least 50 additional troopers in FY09. Sufficient funding exists within the Department of Public Safety to cover any additional costs incurred as a result of the transfer. Therefore, I veto the appropriation of $250,000 contained in this proviso.
Section 37, pertaining to the Department of Public Safety, page 167, line 5705:
The General Assembly appropriated $250,000 in state general funds to the Public Safety Training Center to fund expenses for the North Central Georgia Law Enforcement Academy. This appropriation seeks to almost double the $271,952 annual contract currently between the Georgia Public Safety Training Center and the Cobb County Commission. This increase would create significant inequities with the other regional

MONDAY, JANUARY 12, 2009

21

law enforcement academies. As stated in the veto message for this item in House Bill 989, increases for law enforcement academies should be managed on a fair and equitable basis for all academies. Therefore, I veto the appropriation of $250,000 contained in this proviso.
Section 39, pertaining to the Board of Regents, page 175, line 5998:
The General Assembly appropriated $360,000 in state general funds to the Public Service/Special Funding Initiatives program for the Georgia Water Planning and Policy Center at Albany State University and Georgia Southern University. $11,100,000 will be available for water planning and projection modeling as a part of the implementation of the statewide water plan. The university system is expected to be an active participant in these planning activities. Directed and earmarked state funding for this program is not justified. Therefore, I veto the appropriation of $360,000 contained in this proviso.
Section 39, pertaining to the Board of Regents, page 178, line 6087:
The General Assembly appropriated $200,000 in state general funds to the Teaching program for the planning and implementation of a program at Kennesaw State University for disadvantaged youth. This program was not identified by the Board of Regents or Kennesaw State University as a priority for the Teaching program in FY09. I support the use of state facilities and staff at Kennesaw State University to plan and implement this program in conjunction with local community support; however, due to the unspecified need associated with this project and other priorities within the Teaching program, I veto the appropriation of $200,000 contained in this proviso.
Section 45, pertaining to the Department of Technical and Adult Education, page 201, line 6893:
The General Assembly appropriated $25,000 to the Economic Development (QuickStart) program for Base Closure and Realignment (BRAC) job retraining program for Atlanta Technical College. The Department has indicated it has sufficient funding to undertake this activity without an additional appropriation. Therefore, I veto the appropriation of $25,000 contained in this proviso.
Section 45, pertaining to the Department of Technical and Adult Education, page 202, line 6914:
The General Assembly appropriated $250,000 in state general funds to the Technical Education program for the creation of a college and technical facility in Catoosa County at Bentley Place. This facility is not on the Department's priority list for expansion. Due to the unspecified need associated with this project and other priorities within the

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Technical Education program, I veto the appropriation of $250,000 contained in this proviso.
Section 46, pertaining to the Department of Transportation, page 204, line 6982:
The General Assembly earmarked $5,200,000 in state general funds to the Airport Aid program for the Paulding County Regional Airport ($4,000,000), Cherokee County Airport Authority ($700,000), and the Glynn County Airport Commission ($500,000). State funding for airports is currently determined in accordance with statewide priorities for air transport and is awarded on a competitive basis. Local communities are encouraged to seek funding from Airport Aid at the Department of Transportation ($23 million available in FY09) and the AirGeorgia program at the OneGeorgia Authority ($15 million available in FY09). Therefore, I veto the appropriation of $5,200,000 contained in this proviso.
Section 49, pertaining to the General Obligation Debt Sinking Fund, pages 213-214, line 7303:
This language authorizes the appropriation of $683,200 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 operated by the Cobb County School System through the issuance of $8,000,000 in 20year bonds. 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 213, line 7303) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $683,200.
Section 49, pertaining to the General Obligation Debt Sinking Fund, page 214, line 7305:
This language authorizes the appropriation of $1,155,000 in debt service to finance educational facilities for county and independent school systems through the State Board of Education specifically for career and vocational equipment per House Bill 905 through the issuance of $5,000,000 in 5-year bonds. Due to the failure of the passage of House Bill 905, the availability of other funds for equipment purchases, and due to the limitations on additional debt contained in the state's debt management plan, I veto this language (page 214, line 7305) in the provisions relative to Section 49, General Obligation Debt Sinking Fund and the state general funds of $1,155,000.

MONDAY, JANUARY 12, 2009

23

Section 49, pertaining to the General Obligation Debt Sinking Fund, page 224, line 7405:
This language authorizes the appropriation of $657,580 in debt service to finance projects and facilities for the Department of Transportation, specifically for rail lines for Lyerly to Coosa, Nunez to Vidalia, Ardmore to Sylvania, St. Augustine Road Rail Switching Yard Expansion and McNatt Boulevard Extension rail crossing through the issuance of $7,700,000 in 20-year bonds. Financing for these rail projects should not be considered until processes for 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 224, line 7405) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $657,580.
Section 49, pertaining to the General Obligation Debt Sinking Fund, page 224, line 7406:
This language authorizes the appropriation of $170,800 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 224, line 7406) in the provisions relative to Section 49 General Obligation Debt Sinking Fund and the state general funds of $170,800.
Non-Binding Information Language to Disregard
Certain language contained in this appropriation bill is included for informational purposes and thus does not constitute an appropriation. Because the language is not an appropriation, it is non-binding, and the Governor may authorize the agencies to utilize those funds in accordance with the overall purpose of the appropriation and within the general law authority of the agency. Passages of non-binding information language to disregard are included below:
Section 16, pertaining to the Department of Community Health, page 49, line 1718:
The General Assembly seeks to earmark $1,000,000 in state general funds in the Health Care Access and Improvement program for the Georgia Association of Primary Health Care by instructing the department to enter into a contract with the association. Additional language instructs the department to pay the contractor in three allotments, upon the performance of certain tasks and to direct funding to Centers in Montgomery County, Jones County, Clarke County and Effingham County. Pursuant to the general

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law powers of the department, the department is authorized to utilize appropriate procurement and vendor management procedures to ensure that program services intended by the General Assembly are provided in a fair, equitable, efficient and effective manner. The named contractor in this earmark is not prohibited from participating in the department's procurement process.
Section 16, pertaining to the Department of Community Health, page 49, line 1719:
The General Assembly seeks to earmark $1,000,000 in state general funds in the Health Care Access and Improvement program for the Georgia Association of Primary Health Care by instructing the department to enter into a contract with the association. Additional language instructs the department to pay the contractor in three allotments, upon the performance of certain tasks and to direct funding to four named centers. Pursuant to the general law powers of the department, the department is authorized to utilize appropriate procurement and vendor management procedures to ensure that program services intended by the General Assembly are provided in a fair, equitable, efficient and effective manner. The named contractor in this earmark is not prohibited from participating in the department's procurement process.
Section 16, pertaining to the Department of Community Health, page 51, line 1777:
The General Assembly seeks to instruct the department to provide a rate increase for Psychological Residential Treatment Facilities (PRTFs) within the Low-Income Medicaid program by increasing the cap on the per diem rate to be consistent with other states and sufficient to reimburse all covered behavioral health. As the Centers for Medicare and Medicaid Services (CMS) must approve a rate increase before federal matching funds may be received, the department is authorized to pursue CMS authorization of a rate update based on the 2006 cost report and according to CMS payment guidelines.
Section 16, pertaining to the Department of Community Health, page 53, line 1825:
The General Assembly seeks to instruct the department to adjust pharmacy benefit manager reimbursement rates to independent pharmacies to Average Wholesale Price 13% + $3.41 per script dispensing fee in the State Health Benefit Plan program. This language circumvents the department's effort to negotiate competitive rates in accordance with benefit plan management practices. The department is authorized to maintain reimbursement rates in accordance with the purpose of the program and the Department's general law powers.
Section 22, pertaining to the Department of Education, page 80, line 2722:
The General Assembly provided $384,375 in state general funds for the Georgia Virtual Academy in the Foreign Language program. This funding would be limited to 1,250

MONDAY, JANUARY 12, 2009

25

elementary students enrolled at the Georgia Virtual Academy. The Department is authorized to utilize this funding to provide foreign language media materials to all elementary schools in accordance with the purpose of the program and the general law powers of the Department.

Section 26, pertaining to the Department of Human Resources, page 122, line 4144:

The General Assembly seeks to instruct the department to provide a rate increase for Psychological Residential Treatment Facilities, (PRTF's) by increasing the cap on the per diem rate. The Department is authorized to adjust the cap on the per diem rate based on the 2006 cost report in accordance with its general law powers and not to exceed budgeted state funds.

The General Assembly Atlanta, Georgia 30334

To : From : Date : Re :

Senators and Representatives of the Ninth Congressional District Lt. Governor Casey Cagle and Speaker Glenn Richardson May 19, 2008 State Transportation Board Elections

Pursuant to OCGA 32-2-20, we are notifying you of a meeting for Senators and Representatives of the Ninth Congressional District to elect a member to the open seat on the State Transportation Board created by the resignation of Mike Evans.

The caucus meeting will be held on May 29, 2008 in the State Senate chambers at 3:00 pm. The meeting will be convened by the Legislative Counsel, and the first order of business will be to select a presiding officer from among the caucus members present.

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

May 30, 2008

Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334

Dear Secretary of State Handel:

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Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Steve Farrow 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 Steve Farrow Honorable Tom Graves Honorable Ron Forster 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 Steve Farrow 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 30th day of May, 2008.

MONDAY, JANUARY 12, 2009

27

/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 May 29, 2008, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Steve Farrow 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/ Tom Graves Honorable Tom Graves Representative, District 12 CHAIRMAN
/s/ Ron Forster Honorable Ron Forster Representative, District 3 SECRETARY
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 one page list the results as shown on the consolidated returns files in this office for the Special Election Runoff held on the 10th day of June, 2008, in the 93rd District for State Representative in portions of DeKalb and Rockdale counties, to fill the unexpired term of the Honorable Ron Sailor, Jr.

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Having received the majority of the votes cast, Dee Dawkins-Haigler 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 13th day of June, in the year of our Lord Two Thousand and Eight and of the Independence of the United States of America the Two Hundred and ThirtySecond.

(SEAL)

/s/ Karen C. Handel Karen C. Handel, Secretary of State

STATE OF GEORGIA KAREN C. HANDEL SECRETARY OF STATE
ELECTIONS INFORMATION SYSTEM SPECIAL ELECTION RUNOFF JUNE 10, 2008 SSELZ040-R1 VOTES BY COUNTY FOR CANDIDATES

OFFICE: STATE REPRESENTATIVE, DISTRICT 93

NUMBER OF CANDIDATES: 2

COUNTY

DEE DAWKINS-HAIGLER

VOTES

PERCENT

MALIK DOUGLAS

VOTES

PERCENT

DEKALB ROCKDALE TOTALS

194

57.57

103

49.05

297

54.30

143

42.43

107

50.95

250

45.70

OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 93 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.

MONDAY, JANUARY 12, 2009

29

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/ Dee Dawkins-Haigler STATE REPRESENTATIVE
Sworn to and subscribed before me,
This 16th day of June, 2008.
/s/ Gregory A. Adams Judge, Dekalb Superior Court
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
July 22, 2008
Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Secretary of State Handel:

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Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Brandon Beach was elected as the member of the State Transportation Board from the Sixth Congressional District. He will serve for a term expiring April 15, 2009. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.

With best regards, I am

Sincerely yours,

/s/ Sewell R. Brumby Legislative Counsel

SRB:dd Enclosures

cc: Honorable Sonny Perdue Honorable Casey Cagle Honorable Glenn Richardson Honorable Eric Johnson Honorable Brandon Beach Honorable Steve Tumlin Honorable Rob Teilhet 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 Brandon Beach has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as the member of the State Transportation Board from the Sixth Congressional District for a term expiring April 15, 2009.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

MONDAY, JANUARY 12, 2009

31

/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 July 10, 2008, in the House Chamber of the State Capitol Building. At that caucus, Honorable Brandon Beach was elected as the member of the State Transportation Board from the Sixth Congressional District to serve a term expiring April 15, 2009.
Respectfully submitted,
/s/ Steve Tumlin, Jr. Honorable Steve Tumlin Representative, District 38 CHAIRMAN
/s/ Rob Teilhet Honorable Rob Teilhet Representative, District 40 SECRETARY
Speaker's Order No. 08-2
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 energy independence.
This committee of the house shall be designated as the Special Study Committee on Future Infrastructure and Petroleum Needs for Georgia and the East Coast. The committee shall only have authority to deliberate, hear testimony, compel witnesses or consider, generally the subject matter surrounding these issues and to recommend legislation germane to the subject matter assigned to it. 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.

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The following members of the house are appointed as officers of the Committee:

1. Chairman: John Heard 2. Vice Chairman: Steve "Thunder" Tumlin 3. Secretary: Gerald Greene

The following members of the House are appointed to serve on the Committee:

4. Jerry Keen 5. Terry Barnard 6. Jill Chambers 7. Mike Jacobs

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 Order. 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. 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.

SO ORDERED, by my hand, this 9th day of October, 2008.

/s/ Glenn Richardson Glenn Richardson, Speaker House of Representatives

November 17, 2008

House of Representatives State Capitol, Room 415 Atlanta, Georgia 30334

Honorable Robert E. Rivers Clerk, Georgia House of Representatives 309 State Capitol Atlanta, GA 30334

Dear Mr. Rivers:

MONDAY, JANUARY 12, 2009

33

On Monday, November 10, 2008, the Republican Caucus met in the House Chamber of the State Capitol to elect Caucus officers for the 2009-2010 Legislative term of the General Assembly. Listed below are the names and titles of those elected.

Majority Caucus Leader Majority Caucus Whip Majority Caucus Chairman Majority Caucus Vice Chairman Majority Caucus Secretary/Treasurer

Jerry Keen Jan Jones Jay Roberts Donna Sheldon Jeff May

Sincerely,

/s/ Jay Roberts Caucus Chairman

JR/ea

cc: Fiscal Office

Speaker's Order No. 08-3

PURSUANT to the provisions of Rule 10.2 of the Rules, Ethics, and Decorum of the House of Representatives, a special committee of the House is hereby appointed to consider matters contemplated within the Study Committee appointed with the passage of HR 1881.

This committee of the house shall be designated as the Special Study Committee on Dry-Cleaning Solvent. The committee shall only have authority to act within the bounds of the HR 1881 and shall have the Members previously appointed to it to serve.

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.

SO ORDERED, by my hand, this 27th day of November, 2008.

/s/ Glenn Richardson Glenn Richardson, Speaker House of Representatives

Speaker's Order No. 08-4

PURSUANT to the provisions of Rule 12 of the Rules, Ethics, and Decorum of the House of Representatives, the Committee on Assignments is hereby formed.

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The following Members of the House are hereby appointed to serve, along with the Speaker and Majority Leader, as a Committee on Assignments:
1. James Mills 2. Donna Sheldon 3. Sharon Cooper 4. Jan Jones 5. Vance Smith, Jr. 6. Jay Roberts 7. Mark Burkhalter 8. Jeff May
The Committee on Assignments shall convene as soon as possible for the purpose of making the assignments, appointments, and placements specified herein as authorized by Rule 12 of the Rules, Ethics, and Decorum of the House of Representatives.
The Committee is authorized to make the following assignments, appointments, and placements:
1. The Chairman, Vice-Chairman, and Secretary (if desired) of each of the standing committees of the House;
2. The committee assignments for each Member of the House to the standing committees of the House;
Pursuant to the provisions of Rule 14.2, the meetings of this committee will not be open to Members or the public.
SO ORDERED, by my hand, this 30th day of December, 2008.
/s/ Glenn Richardson Speaker of the House of Representatives
The next order of business being the election of the Speaker of the House for the 2009-2010 term, Representative Keen of the 179th placed in nomination the name of the Honorable Glenn Richardson of the 19th, which nomination was seconded by Representative Peake of the 137th.
Representative Porter of the 143rd moved that the nominations be closed and that the Honorable Glenn Richardson of the 19th be elected Speaker of the House by acclamation.
The motion was seconded by Representative Keen of the 179th.

MONDAY, JANUARY 12, 2009

35

The motion prevailed.
The Honorable Glenn Richardson of the 19th was thereby declared elected Speaker of the House for the ensuing term.
The Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members:
Representatives Ehrhart of the 36th, Mitchell of the 88th, Walker of the 107th, Smith of the 70th, Williams of the 78th, Davis of the 109th, Talton of the 145th and Drenner of the 86th.
The Honorable Glenn Richardson was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker.
The following communication was received:
House of Representatives
Coverdell Legislative Office Building, Room 612 Atlanta, Georgia 30334
January 12, 2009
Clerk's Office House of Representatives Georgia General Assembly
Dear Mr. Rivers,
I would like to be recorded in the House Journal as voting "No" for the election of the Speaker.
Sincerely, /s/ Brian Thomas
Brian Thomas
The next order of business being the election of the Speaker Pro Tem of the House for the 2009-2010 term, Representative Harbin of the 118th placed in nomination the name of the Honorable Mark Burkhalter of the 50th, which nomination was seconded by Representative Parrish of the 156th.

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Representative Porter of the 143rd moved that the nominations be closed and that the Honorable Mark Burkhalter of the 50th be elected Speaker Pro Tem of the House by acclamation.
The motion was seconded by Representative Keen of the 179th.
The motion prevailed.
The Honorable Mark Burkhalter of the 50th was thereby declared elected Speaker Pro Tem of the House for the ensuing term.
The Chair appointed as a Committee to escort the Speaker Pro Tem to the Speaker's stand the following members:
Representatives Ramsey of the 72nd, Cole of the 125th, Dempsey of the 13th, Sims of the 116th, Burns of the 15th, Stephens of the 164th, Wilkinson of the 52nd and Talton of the 145th.
The Honorable Mark Burkhalter was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker Pro Tem.
The next order of business being the election of a Clerk of the House for the 20092010 term, Representative Parrish of the 156th placed in nomination the name of the Honorable Robert E. Rivers, Jr. of Haralson County, as Clerk, which nomination was seconded by Representative Greene of the 149th.
Representative Keen of the 179th moved that the nominations be closed and that the Honorable Robert E. Rivers, Jr. be elected Clerk of the House by acclamation.
The Honorable Robert E. Rivers, Jr. was thereby declared elected Clerk of the House for the ensuing term.
The Chair appointed as a Committee to escort the Clerk to the Speaker's stand the following members:
Representatives Everson of the 106th, Frazier of the 123rd, Geisinger of the 48th, Glanton of the 76th, Hamilton of the 23rd, Hill of the 180th, Kaiser of the 59th and Maxwell of the 17th.
The following oath of office was administered to the Honorable Robert E. Rivers, Jr., Clerk of the House, by Glenn Richardson, Speaker of the House of Representatives:

MONDAY, JANUARY 12, 2009

37

Do you hereby swear that you will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of your skill and knowledge? Do you further swear that you are not the holder of any public money due this State or any political subdivision or authority thereof, unaccounted for, that you are not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that you are otherwise qualified to hold said office according to the Constitution and laws of Georgia.
So help me God.
The Clerk addressed the House expressing his appreciation to the members for having elected him Clerk of the House of Representatives.
The following Resolution of the House was read and adopted:
HR 13. By Representative Keen of the 179th
A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.
The following Resolution of the House was read:
HR 14. By Representative Keen of the 179th
A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in effect at the adjournment of the 2008 Regular Session of the General Assembly, "Rules, Ethics, and Decorum of the House of Representatives," are hereby adopted as the Rules of the House of Representatives for the 2009 Regular Session and for the duration of this General Assembly, with the following amendments:
SECTION 1. The Rules of the House are amended by adding a new Rule 1.1 as follows:

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"1.1 There shall be no speaking into any telephonic device or any audible sounds emitting from any such device in the House of Representatives Chamber. However, Members may use messaging capabilities of such devices."
SECTION 2. Said rules are further amended by revising Rule 11.4 as follows:
"11.4 The chairman and secretary of the Committee on Appropriations shall be an ex officio member of the Committee on Ways and Means, and the chairman and vice chairman of the Committee on Ways and Means shall be ex officio members of the Committee on Appropriations. The chairman of the Committee on Ethics shall be an ex officio member of the Committee on Judiciary. Such ex officio members shall have a vote on such committees and their subcommittees. The chairman of the Committee on Judiciary shall be an ex officio member of the Committee on Judiciary, Non-civil. The chairman of the Committee on Judiciary, Non-civil shall be an ex officio member of the Committee on Judiciary."
SECTION 3. Said rules are further amended by revising Rule 13 as follows:
"Rule 13. 13.1. Each committee or subcommittee shall first meet upon the call of the chairman and perfect its organization. After the organizational meeting, each committee or subcommittee shall meet upon the call of its chairman. The vice chairman may call a meeting of the committee or subcommittee if the vice chairman obtains a certificate from the Speaker certifying that the chairman is incapacitated or if he or she is directed by the chairman to call the meeting to consider such measures as specified by the chairman. Each subcommittee shall be subject to the will of its parent standing committee and the officers thereof. 13.2. No bill shall be reported to the House until it has been acted upon by the standing committee, and all actions of any subcommittee shall be submitted to its parent standing committee."
SECTION 4. Said rules are further amended by revising Rules 18.2 and 18.3 and adding Rule 18.4 as follows:
"18.2. When the committee staff reports to the chairman that local legislation meets the technical requirements for which the staff inspects and has been signed by the requisite local delegation members under Rule 18.1, the legislation shall be favorably reported as a matter of course, without the necessity of action by the committee, unless otherwise ordered by the chairman or the committee. Rule 13 13.2 shall not apply to legislation reported under this Rule. 18.3. When local legislation has been favorably reported in accordance with Rule 18.2, such legislation shall be considered by the House under Rule 33.2(d).

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18.4. No local bill or resolution referred to the committee shall be released to any person, including members of the House, except upon the condition that such person shall return the bill or resolution to the chairman of the Committee on State Planning and Community Affairs within six hours of the chairman's request to do so."

SECTION 5. Said rules are further amended by revising Rule 33.5 as follows: "33.5 Rule 33.2 shall not apply with respect to amendments to the following classes of legislation: (1) Local legislation; and (2) Privileged privileged resolutions."

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

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman E Collins, D N Collins, T Y Cooper Y Cox

N Crawford Davis, H
Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin
Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James 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 Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts
Rogers

On the adoption of the Resolution, the ayes were 108, nays 65.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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The Resolution was adopted.
The following Resolutions of the House were read and adopted:
HR 15. By Representative Keen of the 179th
A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 2009 regular session of the General Assembly of Georgia and for the duration of this General Assembly and until otherwise provided for by resolution of the House:
PART 1. SECTION 1-1.
Subject to the availability of funds appropriated or otherwise available for the House of Representatives, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide offices for staff services for the House of Representatives and to employ personnel for said offices. The numbers and compensation of personnel so employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers, committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader.
SECTION 1-2. The Speaker is also authorized to secure the services of chaplains and interns and provide expense reimbursement allowances for them within the limitations of funds appropriated or otherwise available.
SECTION 1-3. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.

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PART 2. SECTION 2-1.
Subject to the availability of funds appropriated or otherwise available for the Clerk of the House's office, the Clerk of the House is authorized to employ for the Clerk's office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, rollcall operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the House's office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.
SECTION 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be the same amount the Clerk was receiving at the time of adoption of this resolution by the House. In addition to that amount, the Clerk shall also receive the same percentage salary increase provided in the General Appropriations Act when granted to other employees of the legislative branch of state government. During the Clerk's tenure of office, he or she shall also receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by the Clerk.
PART 3. SECTION 3-1.
Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the House's Office, the Speaker of the House is authorized to employ interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker.
PART 4. SECTION 4-1.

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During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: The Speaker of the House, the Speaker Pro Tempore, the Majority Leader, the Majority Whip, the Minority Leader, the Minority Whip, the Administration Floor Leader, and the Assistant Administration Floor Leaders. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authorization and approval of vouchers by the Administration Floor Leader.
SECTION 4-2. (a) During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the House of Representatives is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees but shall not receive the same for more than seven days each year. (b) In addition to the days provided for in subsection (a) of this section and without counting towards the limit specified in said subsection (a), each member of the House is designated as a committee of one for the purpose of carrying out legislative duties on any weekday which: (1) is a one day recess or adjournment during a regular session; and (2) occurs after Monday and prior to Friday. For each such day of service, each member shall receive the expense and travel allowances (not including mileage which shall be covered by the weekly round trip) for legislative members of interim legislative committees, if such member has engaged in legislative business on that day, but not otherwise.
SECTION 4-3. Pursuant to the provisions of law, in addition to any other compensation they receive as members of the General Assembly, the Majority Leader, the Minority Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Each of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a Representative must be certified as such by the Governor in writing to the Speaker of the House and the Clerk of the House.
PART 5. SECTION 5-1.

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

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HR 16. 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 10:00 A.M. on Wednesday, January 14, 2009, 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 9:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President Pro Tempore, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
BE IT FURTHER RESOLVED that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at the joint session.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives 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.
HR 17. 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 16, 2009, and shall reconvene on Monday, January 26, 2009.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 2009 session of the General Assembly until its 40th day, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on

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which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 18. By Representative Levitas of the 82nd:
A RESOLUTION congratulating the Tucker High School football team on winning the 2008 Class AAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes.
HR 19. By Representatives Wix of the 33rd, Morgan of the 39th, Johnson of the 37th, Teilhet of the 40th and Burns of the 157th:
A RESOLUTION commending the South Cobb High School Marching Band and inviting them to appear before the House of Representatives; and for other purposes.
HR 20. By Representatives Levitas of the 82nd, Hamilton of the 23rd and Rogers of the 26th:
A RESOLUTION commending Honorable Doug Collins 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 resolutions of the Senate:
SR 3. By Senators Williams of the 19th and Rogers of the 21st:
A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes.

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SR 4. By Senators Williams of the 19th and Rogers of the 21st:
A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes.
The next order of business being the election of a Doorkeeper of the House for the 2009-2010 term, Representative Lunsford of the 110th placed in nomination the name of the Honorable Phil Tucker, which nomination was seconded by Representative Levitas of the 82nd.
Representative Keen of the 179th moved that the nominations be closed and that the Honorable Phil Tucker be elected Doorkeeper of the House by acclamation.
The Honorable Phil Tucker was thereby declared elected Doorkeeper of the House for the ensuing term.
The Chair presented The Honorable Phil Tucker to the House where he expressed his appreciation to the members for having elected him as Doorkeeper.
The next order of business being the election of a Messenger of the House for the 2009-2010 term, Representative Cooper of the 41st placed in nomination the name of the Honorable Roger Hines, which nomination was seconded by Representative Jones of the 44th.
Representative Keen of the 179th moved that the nominations be closed and that the Honorable Roger Hines be elected Messenger of the House by acclamation.
The Honorable Roger Hines was thereby declared elected Messenger of the House for the ensuing term.
The Chair presented The Honorable Roger Hines to the House where he expressed his appreciation to the members for having elected him as Messenger.
The following members were recognized during the period of Morning Orders and addressed the House:
Williams of the 4th, Levitas of the 82nd, Dempsey of the 13th, and Stephens of the 164th.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Tuesday, January 13, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Cheokas Coan E Coleman E Collins, D Collins, T

Cooper Cox Crawford Davis, H Davis, S Dawkins-Haigler Day Dempsey Dickson Dobbs E Dollar Dooley Drenner Dukes Ehrhart England Epps, C Epps, J Everson Floyd Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton

Hanner Harbin Harden, B Harden, M Heard Hembree Henson E Hill, C Hill, C.A Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long

Loudermilk Lucas Lunsford Maddox, B Maddox, G Martin Maxwell Mayo McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, A Powell, J Pruett Ralston Ramsey Reece Reese

Rice Roberts Rogers Rynders Scott, A E Scott, M Sellier Shaw Sheldon Shipp Sims, B Smith, L Smith, R Smith, V Smyre Stephens, M Talton Taylor Teilhet Thomas Thompson Walker Weldon Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix Yates Richardson, Speaker

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

Representatives Channell of the 116th, Cole of the 125th, Hatfield of the 177th, Heckstall of the 62nd, Holt of the 112th, Hudson of the 124th, Mangham of the 94th, Marin of the 96th, May of the 111th, McCall of the 30th, Parham of the 141st, Randall of the 138th, Setzler of the 35th, Sims of the 169th, Sinkfield of the 60th, Smith of the 168th, and Stephenson of the 92nd.

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They wish to be recorded as present. The following communication was received:
1-13-09 To: Clerk of the House Re: HR-14 Please show me voting YES. For some unknown reason my vote was not recorded.
Thank you, /s/ Carl Rogers
Prayer was offered by Reverend Charles Gary, Central Presbyterian 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 By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:

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HB 1. By Representative Franklin of the 43rd:

A BILL to be entitled an Act 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.

Referred to the Committee on Judiciary.

HB 6.

By Representatives Levitas of the 82nd, Lunsford of the 110th, Ramsey of the 72nd, Jacobs of the 80th, Wilkinson of the 52nd 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 from sales and use tax with respect to certain sales of certain energy efficient products or water efficient product; 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 9.

By Representatives Levitas of the 82nd, Lunsford of the 110th, Ramsey of the 72nd, Wilkinson of the 52nd, Jacobs of the 80th and others:

A BILL to be entitled an Act to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary licenses, so as to change certain provisions relating to notification of habitual violator status; 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 17. By Representatives Bearden of the 68th, Levitas of the 82nd and Byrd of the 20th:

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 abolish the state income tax for corporations effective for tax years beginning on or after January 1, 2010; to provide for the collection of income taxes prior to such

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abolishment; 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 18. By Representatives Bearden of the 68th, Levitas of the 82nd and Byrd of the 20th:
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 a short title; 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 32. By Representatives Bearden of the 68th, Benton of the 31st, Maddox of the 172nd, Byrd of the 20th and Walker of the 107th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide that the death penalty may be imposed where the jury finds at least one aggravating circumstance but is unable to reach a unanimous verdict as to the sentence, taking into account the vote of the jurors under certain circumstances; to change provisions relating to the requirement of a jury finding of aggravating circumstance and recommending the death penalty; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 35. By Representatives Jacobs of the 80th, Chambers of the 81st, Millar of the 79th and Levitas of the 82nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions concerning bonds, so as to provide that interest and dividends received on bond funds shall be used only for the stated purposes for which such bonds were 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.

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HB 36. By Representatives Jacobs of the 80th, Chambers of the 81st, Bearden of the 68th, Wilkinson of the 52nd, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to create a state-wide "Blue Alert" alert system to speed the apprehension of violent criminals who kill or seriously injure local, state, or federal law enforcement officers; to provide for definitions; to provide for procedure; to provide for immunity from civil damages for dissemination of alert information; 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 45. By Representatives Mills of the 25th and Williams of the 4th:
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 46. By Representatives Roberts of the 154th, Golick of the 34th, Pruett of the 144th, Cole of the 125th, O`Neal of the 146th and others:
A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for an exemption for a limited period of time with respect to state sales and use taxes applicable to sales of dyed fuel oils, as defined in paragraph (5.1) of Code Section 48-9-2, which are used exclusively for agricultural purposes, timber growing or harvesting purposes, or mining or construction purposes and used directly by such industry sectors for such purposes and not for highway use as defined in paragraph (8) of Code Section 48-9-2; to provide for legislative findings; 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 ratify an executive order of the Governor suspending the collection of such taxes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 47. By Representative Bearden of the 68th:

A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to increase the penalty for assaults with intent to transmit HIV or hepatitis to peace officers and correctional officers while such officers are engaged in the performance of their official duties or on account of the performance of their official duties; 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 48. 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 revise and change provisions regarding franchise fees; to provide that such fees shall be deemed to be taxes; to provide for conditions, requirements, and limitations regarding the imposition and collection of a franchise tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

HR 1.

By Representatives Lindsey of the 54th, Keen of the 179th, Roberts of the 154th, Bryant of the 160th, Day of the 163rd and others:

A RESOLUTION proposing an amendment to the Constitution so as 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.

Referred to the Committee on Ways & Means.

HR 21. By Representatives Jones of the 46th, Burkhalter of the 50th, Geisinger of the 48th, Martin of the 47th, Wilkinson of the 52nd and others:

A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions;

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to provide for the status and effect of the implementing law; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HR 22. By Representatives Lunsford of the 110th, Lindsey of the 54th, Levitas of the 82nd, Keen of the 179th, Jones of the 46th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide that where state or federal law requires elections for public office or public votes on initiatives or referenda, or designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Industrial Relations.
HR 23. By Representatives Lunsford of the 110th, Lindsey of the 54th, Levitas of the 82nd, Keen of the 179th, Jones of the 46th and others:
A RESOLUTION expressing disapproval of the enactment of legislation regarding labor union elections and urging the Georgia Congressional Delegation to reject such measures; and for other purposes.
Referred to the Committee on Industrial Relations.
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 19 Do Pass
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following resolutions of the House:
HR 16. 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

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the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes.

The President has appointed as a Committee of Escort the following Senators: Golden of the 8th, Williams of the 19th, Rogers of the 21st, Brown of the 26th, Seabaugh of the 28th, Adelman of the 42nd, and Moody of the 56th.

HR 17. 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:

Franklin of the 43rd, Maxwell of the 17th, Dawkins-Haigler of the 93rd, and Manning of the 32nd.

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

HR 6.

By Representatives Ramsey of the 72nd, Yates of the 73rd and Fludd of the 66th:

A RESOLUTION honoring Randall Johnson on the occasion of his retirement and inviting him to appear before the House of Representatives; and for other purposes.

HR 24. By Representative Levitas of the 82nd:

A RESOLUTION commending the Auditory-Verbal Center, Inc., and inviting Executive Director Debbie Brilling to appear before the House of Representatives; and for other purposes.

HR 33. By Representative Maddox of the 172nd:

A RESOLUTION declaring February 5, 2009, as Veterinary Medicine Day at the state capitol and inviting representatives from the Georgia Veterinary Medical Association to appear before the House of Representatives; and for other purposes.

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

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HR 19. By Representatives Wix of the 33rd, Morgan of the 39th, Johnson of the 37th, Teilhet of the 40th and Burns of the 157th:
A RESOLUTION commending the South Cobb High School Marching Band and inviting the band to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 34. By Representatives Day of the 163rd, Stephens of the 164th, Carter of the 159th, Stephens of the 161st and Bryant of the 160th:
A RESOLUTION recognizing and commending Sheriff Al St. Lawrence for his 50 years of dedicated law enforcement service to the citizens of Georgia; and for other purposes.
HR 35. By Representative Levitas of the 82nd:
A RESOLUTION recognizing and commending Mr. Anthony Stinson for outstanding contributions to education in the State of Georgia; and for other purposes.
HR 36. By Representative Levitas of the 82nd:
A RESOLUTION recognizing and commending Lakeside High School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
HR 37. By Representative Levitas of the 82nd:
A RESOLUTION recognizing and commending educator Nancy Brim; and for other purposes.
HR 38. By Representative Amerson of the 9th:
A RESOLUTION recognizing and commending Ms. Jennifer Herring; and for other purposes.
HR 39. By Representative Neal of the 1st:
A RESOLUTION declaring January 15, 2009, as Addiction Recovery Awareness Day at the state capitol; and for other purposes.

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HR 40. HR 41. HR 42. HR 43. HR 44. HR 45. HR 46. HR 47.

By Representative Brooks of the 63rd:
A RESOLUTION honoring and celebrating the 100th birthday of Mrs. Ruby Cody-Brooks; and for other purposes.
By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION recognizing and commending Don and Laure Peterson on the occasion of their 60th wedding anniversary; and for other purposes.
By Representatives Smith of the 168th, Richardson of the 19th and Keen of the 179th:
A RESOLUTION commending Mr. Ted Murray; and for other purposes.
By Representative Smith of the 113th:
A RESOLUTION commending Mr. Donald H. Norris for his outstanding public service; and for other purposes.
By Representative Levitas of the 82nd:
A RESOLUTION recognizing and commending Henderson Middle School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
By Representative Ehrhart of the 36th:
A RESOLUTION honoring Miss Maggie Siddons on the occasion of her high school graduation; and for other purposes.
By Representative Levitas of the 82nd:
A RESOLUTION recognizing and commending Livsey Elementary School for outstanding contributions to education in the State of Georgia and excellence in student academic achievement; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Joseph Deloach; and for other purposes.

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HR 48. HR 49. HR 50. HR 51. HR 52. HR 53. HR 54. HR 55. HR 56.

By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Cail Hommons; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Andrew M. Haygood; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Martha Casey; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Leigh Garrett; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Josh Dickinson; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Steve Kilgore; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Sarah Latz; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Alex Falanga; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Pamela Luke; and for other purposes.

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HR 57. HR 58. HR 59. HR 60. HR 61. HR 62. HR 63. HR 64. HR 65.

By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Linda Edington; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, George E. Brown; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Avelia B. Perkins; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Chris Edwards; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Lynn V. Bowers; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Jay Thompson; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Valerie Lipscomb; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Susan Tuller; and for other purposes.
By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Jason Rizner; and for other purposes.

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HR 66. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Shana Vollmer; and for other purposes.
HR 67. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Allison Williams; and for other purposes.
HR 68. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Tom Schlesser; and for other purposes.
HR 69. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, William Don Smith; and for other purposes.
Representative Jones of the 46th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, January 14, 2009

The House met pursuant to adjournment at 9:30 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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Butler Byrd Carter, A Carter, B Chambers Channell Cheokas Coan Cole E Coleman E Collins, D Collins, T Cooper Cox Crawford

Davis, H Davis, S Dawkins-Haigler Day Dempsey Dickson Dobbs Dollar Dooley Drenner Dukes England Epps, C Epps, J Everson Fludd Franklin Frazier Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Hatfield Heard Heckstall Hembree E Henson

Hill, C Hill, C.A Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lucas Lunsford Maddox, B Maddox, G Mangham Manning Marin

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

Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Smith, B Smith, L Smith, R Smith, T Smith, V Stephens, M Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Walker Weldon 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, Burns of the 157th, Casas of the 103rd, Ehrhart of the 36th, Floyd of the 99th, Fullerton of the 151st, Harbin of the 118th, Hudson of the 124th, Shipp of the 58th, Sinkfield of the 60th, and Wix of the 33rd.

They wish to be recorded as present.

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Prayer was offered by Dr. Wiley Stephens, Dunwoody United Methodist Church, Dunwoody, 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.
The hour of convening the Joint Session pursuant to HR 16 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Casey Cagle.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Sonny Perdue, appeared upon the floor of the House and delivered the following address:
Mr. President, Mr. Speaker, President Pro Tem Williams, Speaker Pro Tem Burkhalter ... Members of the General Assembly. Constitutional officers and members of the judiciary. The Consular Corps and other distinguished guests. And, most of all, my fellow Georgians.
I want to begin this morning with the story of a young Georgian who embodies the resiliency of our state.

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Just three years ago, Jeremy Lee was a 14-year old student from Clayton County on his way to the Ireland Youth Development Campus in Milledgeville because he and some friends made a bad decision.
He could have seen this as an indictment not only of his crime, but of his potential. He could have settled for a life marked by disappointment.
But Jeremy made a life altering decision, one that will benefit the lives of others for years to come. He chose to focus on what he could be, not wallowing in the self-pity of tough times, and invested his time and energy in preparing himself to emerge from that campus a better person.
Last summer, Jeremy walked out of those gates with a high school diploma and is now enrolled at Morehouse College.
Jeremy is now pursuing his goal to be a doctor, and that pursuit is a testament to his inner-resilience. I am pleased that he could join us this morning. Jeremy, please rise so we can recognize your efforts.
It's Jeremy's resilience and the resilience of thousands like him across our state that gives me confidence that we will emerge from these challenging times stronger.
This is a pivotal moment in our nation's history. It is a moment in which we are asked to see beyond what George Will calls the "tyranny of the short-term," beyond the circumstances of the moment, to the big picture a picture that is informed by our history, bolstered by our character and steeled by our will to succeed.
Despite the stresses of a moment like this, we must not allow ourselves to be trapped in a short-term mindset where rash decisions result in dire long-term consequences. We must remain focused on the big picture ... Our perspective must be one of optimism even in the face of difficult economic cycles.
... I look forward to attending President-elect Obama's inauguration next week and I am confident that he and the new administration will do everything in their power to meet the challenges that face this nation.
However, we cannot plan by relying on the unknown, and the budgets I present to you today are balanced and do not assume money from Washington. Our latest revenue estimate for this fiscal year shows a decline of $2.2 billion, resulting in a $19.2 billion amended budget.

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Political mantras aside, cutting more than 10 percent from a budget cannot be achieved by simply cutting waste. While we have worked for six years to do more with less, at some point, in business or in government, it becomes less with less.
The job of budgeting is hard right now, but it's not because the directions are complicated. Like families sitting around their kitchen tables all over Georgia, we are doing what is necessary to balance our checkbook.
... I want to thank the legislature for working with us to replenish the Rainy Day Fund, which now stands at $1.2 billion. As you all know, at my request, you wisely passed legislation requiring us to retain at least four percent of previous year's revenue in the reserve fund for balancing the budget at the end of the year if needed.
So I have recommended using the maximum amount available for appropriation from the reserves, appropriating $50 million this year and $408 million next year, as well as $187 million for the midyear education adjustment. We are using some one-time strategies to help balance this year's budget that won't be available next year. Therefore, I have recommended that the largest portion of available reserve funds be committed to next year's budget, which stands at $20.2 billion.
I want to applaud our department leaders -- men and women who are on the ground, who know their mission, their people and their customers. This past spring, agencies willingly responded to my call for restrained spending and returned over $200 million to our state's Rainy Day Fund at the end of last year.
And then this summer, when I asked them to identify potential budget reductions, their response was thorough and strategic. They were able to find the cuts and maintain the ability to execute their core missions.
That is a testament to those leaders and to the culture change we've made in state government!
In six years, we have transformed government making it more efficient and more accountable by instilling a customer-focused culture of public service.
Sometimes this difference isn't seen in a budget document. But even then, it often impacts thousands of Georgians, who spend less time waiting on government and more time doing what they want to do.
Over the last three years, Joe Doyle and his team at the Office of Customer Service have led this culture change. For example, in Child Support Services, the time between a parent's initial contact with the agency and meeting with a case worker, has gone from a 30 day wait to same-day service.

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A year ago, when a prospective teacher seeking certification called the Professional Standards Commission, they waited nine minutes, on average, to speak with a person ... 37 percent just hung up out of frustration. Now, those folks wait eight seconds.
The wait for a new driver's license has gone from two hours to six minutes and the Medicaid approval process has gone from nine weeks to twelve days, with half of all applicants getting same day approval. And those changes didn't cost a penny!
This year, we experienced a historic early voter turnout and this same group partnered with the Secretary of State's to assist 13,000 voters: telling them where and how to voter early. They will continue their work with projects ranging from improving financial aid response times to speeding up DCH's approval process for children with special needs.
Ladies and gentlemen, I want you to help me recognize Mr. faster, friendlier and easier ... Joe Doyle.
We are working in every area of government to ensure that we are getting the best possible value for our investment and that we are providing the best possible service to every Georgian.
To that end, in February, I signed an executive order forming a task force to look at a possible restructuring of the Department of Human Resources. Folks, we spend $3.8 billion within DHR every year an agency that hasn't undergone major change since it was formed over three decades ago.
After a thorough review by the Health and Human Services Task Force, we have determined a course of action that will re-orient our approach to healthcare by shifting the focus from inputs to results.
First, we are proposing the creation of a new Department of Behavioral Health which will include all mental health and addictive disease programs. This will improve our responsiveness to mental health needs and will make funding more transparent.
We will continue to improve care by moving towards a community-based delivery system. I know some folks will be concerned with how this might affect jobs in their area, but when it comes to mental health, I believe we have an obligation to provide services to Georgians as close as possible to where they live.
Second, the bill would establish a Department of Health a combination of the public health and oversight programs in DHR and the current functions of DCH. This agency, which will be led by Dr. Rhonda Medows, will deliver workable solutions on the key healthcare issues we face ...

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Issues affecting Georgians like how to best facilitate and finance healthcare coverage and how to provide needed access.
Preventative medicine will play a bigger role, inefficiencies and redundancies will be eliminated and every stakeholder in Georgia's healthcare system from county boards of public health to Medicaid providers will work as part of a more coordinated effort.
The remaining social services Developmental Disabilities, Aging, DFCS and Child Support will come together under a reconstituted Department of Human Services led by Commissioner B.J. Walker.
We have made progress in the delivery of these safety-net services to our critical populations: we have improved from 50th to 5th in the nation for moving people from state hospitals to community facilities; DFACS has reduced out-of-home placements by 21 percent, and recurring child abuse rates have dropped from 9 percent to 3 percent in the last two years, 2 percent below the national average. I believe a more targeted focus on these programs will lead to even further improvement.
We know that improved lines of communication and enhanced coordination are critical, and I fully expect that these agency heads will meet regularly to coordinate policy and cross-agency service delivery.
I have charged the affected agencies to make this transition within their current budgeted amounts and, in the long term, we believe this reorganization will bring greater efficiency and greater value for the taxpayer dollar.
I want to thank all those who have helped make this happen, particularly the legislative members of the task force: Senators Jack Hill and Renee Unterman, and Representatives Ben Harbin and Mark Butler.
I look forward to working with the legislature and health and human service leaders and providers throughout this state to improve healthcare delivery for every Georgian.
When I came into office, Medicaid was growing annually at rates as high as 17 percent. Over the last four years, growth averaged just 3.4 percent, saving the state a staggering $4.7 billion. Those are numbers that any business would envy.
Even though we have controlled the growth of our Medicaid budget, we faced some very difficult choices this year. The federal government has told states that we can no longer fund Medicaid as we have since 2006. That decision could not have come at a worse time. Washington, in its infinite wisdom, has decided that if we assess a fee against our Care Management Organizations as we currently do, we must impose it on all commercial health plans.

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We had to choose: everyone or no one. If we said "no one," it would have cost Georgia $96 million in state Medicaid funds.
While I'm recommending cuts to many agencies and programs above ten percent, even a five percent cut to the state Medicaid budget would mean an additional $112 million reduction.
That one-two punch of federal mandates and declining revenues means we faced a $208 million hole in the state's Medicaid budget. To be clear, this $208 million represents the funds paid to providers on behalf of Georgia's most needy.
To ensure these needed services continue, I had to choose between some tough options. The first option was to eliminate discretionary Medicaid programs the ones that the federal government does not require us to fund.
This would mean eliminating the medically needy category for eligibility, which serves 7,100 Georgians; eliminating the Katie Beckett Program for 3,100 Georgians; eliminating dental benefits for the 60,000 pregnant women that were covered last year; and eliminating Medicaid coverage for foster children over the age of 18.
In PeachCare, we would have had to eliminate dental benefits, freeze enrollment and reduce the enrollment cap, as well as increase premiums and for the first time impose premiums on children between the ages of two and five. All of those cuts combined would still have left a gap exceeding $150 million.
A second option, I could have cut reimbursements to our providers by $208 million. Providers have consistently told us rightly or wrongly they believe even our present reimbursement rates are already too low.
A third option would have been to impose the same 4.5 percent fee on commercial and Medicaid managed care and preferred provider plans, that we currently impose only on CMOs. While that remains an option, I prefer a broader based approach that spreads the burden.
I chose to ask those who receive Medicaid payments to help fund the system. This proposal takes advantage of the fact that every dollar we send to Washington for Medicaid draws down almost two additional dollars.
So my budget will reflect, and an accompanying bill will propose, a 1.6 percent fee on hospitals and health insurance plans to fill the hole in Medicaid, and to do what the healthcare community has asked of us for so long: one, to significantly raise reimbursement rates for providers, particularly for hospitals; and two, in conjunction

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with SuperSpeeder legislation, provide $60 million to sustain and expand the state's trauma network.
Like most things we address here at the Capitol, this plan will not be universally acclaimed, but I have arrived at this solution after thoughtful, careful deliberation. I implore you ... Do not rush into a short-sighted cut that would have long-term consequences for Georgia's most needy.
Finally, for those that would wait for Washington ... we have waited before. And while I am hopeful that we may receive additional federal funds, when I put the budget together, I did not have the option to budget for money that may never materialize.
... We all say, whether it's in a campaign or a State of the State speech like this, that education is our number one priority. But what does that mean? To me, it means providing opportunity. We spend more than half of our state budget on education because we know that opportunity is discovered in Georgia's classrooms.
In these budget times, there are certain things we can do to help our local school systems. We have already informed schools of our intention to relax expenditure controls, giving them additional flexibility. This move will allow those closest to the students to manage funds in the most efficient way.
... Last year, I proudly signed IE2 legislation. Let me boil it down for you ... this is true local control with real accountability! In exchange for this flexibility, systems entering into a contract with the State Board of Education are held accountable for increased student achievement above and beyond state and federal requirements. And they will face serious consequences if they fail to meet those goals.
It's exactly the kind of clear, straightforward and results-driven program local school districts have asked for since I came into office. And, just last week, the State Board of Education approved the first IE2 contract with Gwinnett County.
This means that ten percent of the students in Georgia will be under a performance contract to increase student achievement. I commend Alvin Wilbanks and the Gwinnett County School Board for continuing to lead by example.
In the weeks and months to come, I believe you're going to see progressive school systems from all around the state sign on, and if you're in a parent in Georgia, that's something to be excited about!
As I outlined yesterday, I am proposing legislation that will ensure that every student in Georgia has the benefit of responsible leadership at the school system level.

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Most local school board members in this state are in that position for all the right reasons and they do a great job for our students, but unfortunately, that isn't universal. And we must take action, because when a school board is failing, every student that depends on them is cheated.
This legislation will clearly define what citizens expect from school board members and it will give the state the ability to replace board members with responsible, local citizens when accreditation is threatened. Never again, do I intend for the state to be handcuffed by our current law and powerless to help students who are being failed by the adults in their community.
Also, I will propose legislation to establish a high school principal incentive pay program for those principals who increase student achievement raising graduation rates and improving SAT and End of Course Test scores.
I am proposing merit pay legislation that will award teachers who show evidence that their classroom instruction leads to increased student achievement. Currently, extraordinary teachers are locked into a compensation model that fails to reward excellence. This is the next step in moving education from a culture of compliance to one based on performance.
We are also proposing differentiated pay for math and science teachers. It astonishes me that this state produced just three physics teachers last year. We must introduce a market dynamic into the salary schedule to address these critical needs areas. Some may be surprised to hear these ambitious plans in these times, but, this more than any other period, is a time to continue improving education and the basic institutions of government.
We are fortunate to live in a state where people want to be. Last year, Georgia was the fourth fastest growing state in the nation. And in the last eight years, we have added 1.5 million people.
Not only do people move here, they stay here. Georgia ranks third in the nation for keeping our native-born population, with over 69 percent of people who were born in Georgia still living here. I don't say all this just to share statistics, there is a story there, and it's a story about Georgia's competitive advantages and a great quality of life.
This enormous growth brings its own challenges ... I call those the "problems of prosperity."
We continue to work to protect our most precious natural resource ... water. Last year, I signed into law Georgia's first Comprehensive Statewide Water Management Plan to help our state balance water use and growth.

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I want to, again, thank all of you for participating in what I consider to be the most inclusive piece of legislation we've worked on since I've been Governor.
The Lieutenant Governor, Speaker and I will soon announce our appointments to the Regional Water Councils. We are working to ensure that those selected will represent a good cross-section of Georgia talent both in their personal experiences and geographically. These councils are going to put our Statewide Water Plan in action.
I am confident the rains will come, and I am encouraged by the fact that our new management plan will make us better stewards, both now and over the long term.
Our experience in working together on the water plan will be needed again as we address our transportation needs. A growing Georgia will depend upon a transportation network that supports mobility and commerce. Like most government programs, the money available is short of what our needs are, so we must guard every dollar that is spent to make sure we maximize its value. Reforming DOT has been one of the toughest challenges my administration has faced, and we are not through yet.
Last summer, I commissioned Investing in Tomorrow's Transportation Today, or IT3, so that we as policymakers could understand the value of additional investment, while we continue to bring our transportation planning, funding and building policies up to date.
Transportation improvements providing access to markets, reliable and stress-free commutes and speedy freight movements can be the catalyst that propels our economy forward, just as we have seen over our state's history.
The Lieutenant Governor, Speaker and I share a mutual commitment to address our transportation needs, and we will continue reforming DOT with a goal of standing up a system that can take that funding and provide the value Georgians deserve. Once I feel certain that we can deliver transportation value to Georgia citizens, I will support responsible measures to raise additional revenues.
... As Georgia grows, so do our energy needs and Georgia is meeting this challenge by creating a fertile environment for alternative energy production. Those efforts have been rewarded with $2.4 billion of investment over the last two years. That investment means new jobs for Georgians.
In November, Norcross-based Suniva, birthed right here in one of our research universities, began fabricating the most advanced solar technology in the world.
This summer, we will host more than 15,000 energy innovators for the biggest biolifescience conference in the world BIO 2009. This is an outstanding opportunity to

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showcase Georgia's progress in life sciences, and our potential to help heal, fuel and feed the world.
As we continue to attract new investment in biotechnology, we can secure our position as a leader in this industry by enacting laws that respect the role of the federal Food and Drug Administration as the regulator of the safety of drugs and medical devices.
But the best incentive we can offer an employer is a talented workforce that is ready to meet their needs, and our Work Ready program does just that.
We began Work Ready two years ago and Georgia workers have responded. There are now 111 counties 70 percent of the state working toward Certified Work Ready Community status.
As Georgia workers compete with peers as far away as China or as close as South Carolina, Work Ready puts them a step ahead. That is certainly the case with Joy Anthony.
Joy's Work Ready Certificate distinguished her and gave her the edge she needed in her job search. Her employer was impressed by the skills Work Ready identified and they have designated her as a "Rising Star" in their company.
Joy is one over 35,000 Georgians to take control of their future, making themselves more marketable to employers looking for a talented workforce.
Ladies and gentleman, Georgia is ready to take advantage of our workforce and our strong balance sheet. We remain one of seven states with a triple-A bond rating and we will invest in projects that will be of long-term value to Georgians.
This year's bond package, totaling over $1.2 billion in new investment, will put Georgians to work and build critical infrastructure. In the past, we have often funded the design phase of a project one year and construction at some later date. This year's package will feature many projects in which both design and construction are funded in the same year, ensuring their timely completion.
In a time that we have trimmed our budget in other areas, we are aggressively increasing our bond package by a full twenty percent over last year. This will take advantage of low construction costs and create an estimated 20,000 new jobs in an industry that is ready to go to work.
These projects touch every corner of the state and include new construction at our universities, technical schools, local school systems and libraries; harbor deepening at the Savannah port and needed improvements at state facilities.

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As I said at the outset today, we're going to maintain a long-term perspective we are not going to panic and make knee-jerk decisions that will have negative long-term consequences.
We stand at a crossroads, and as a father and a grandfather ten times over, I can say, we all recognize how important it is to the next generation that we get it right ... right now.
Don't hear me dismissing the scope or severity of this downturn. But, more importantly, don't leave failing to hear the message that we need to look beyond this downturn.
Think about it, you don't get anywhere in life without a long-term perspective and a long-term plan. You have to weather the turbulence - that's true in a career, that's true in the history of every successful marriage. Isn't that right, Mary?
When the economy takes a downturn, you don't give up on the economic promise of America that has proven true over the centuries. You don't discard the promise ... you build for the future with that promise in mind.
There is much to do in Georgia in this coming year but it can be summarized in that overarching mission to continue executing on the fundamentals of good government; to improve our competitive advantages, to make Georgia a better place to live and a better place to do business.
As I look back and think about our history, I am certain that this is not the tallest mountain we've been asked to climb.
As I think about the American promise of freedom and economic opportunity, I know that rich promise will mean great things for Georgians in the years to come. The soil has proven too rich to dare believe anything else.
As I look within, I find something within the human constitution that bounces back, something within this collective American spirit that rebuilds.
I'll never claim to be a Nehemiah; but the prophet's call, "Let us rebuild the walls," rings true today. This is the time to continue building our state, to prepare for the future, to plant the seeds that will enrich our children's inheritance. Together, we will do just that!
Thank you! God bless you. God bless America ... and may God bless the great state of Georgia!
Senator Rogers of the 21st moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

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The President of the Senate, Lieutenant Governor Casey Cagle, announced the Joint Session dissolved.

The Speaker Pro Tem assumed the Chair.

The Speaker Pro Tem called the House to order.

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

HB 2.

By Representatives Rice of the 51st, Peake of the 137th, Lindsey of the 54th and Graves of the 12th:

A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fair and open grants, so as to require grant recipients to comply with certain provisions of law as a prerequisite to awarding a grant; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Appropriations.

HB 3. By Representative Keen of the 179th:

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 Defense & Veterans Affairs.

HB 12. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others:

A BILL to be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to enumeration of unfair methods of competition and unfair or deceptive acts or practices, so as to broaden the prohibition of unscrupulous practices regarding the marketing and sale of insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Insurance.
HB 19. By Representatives Oliver of the 83rd, Benfield of the 85th, Gardner of the 57th and Ashe of the 56th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to add a points penalty for the use of cellular, hands-free, or mobile telephones or other wireless communication devices under certain circumstances; to change certain provisions related to exercising due care in operating a motor vehicle and the proper use of radios and mobile telephones; to provide for definitions; to provide for a penalty; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 20. By Representatives Oliver of the 83rd, Gardner of the 57th, Benfield of the 85th and Stephens of the 164th:
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 Governmental Affairs.
HB 21. By Representatives Oliver of the 83rd, Stephens of the 164th, Hugley of the 133rd, Abrams of the 84th, Ramsey of the 72nd and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to prohibit the use of cellular, hands-free, or mobile telephones by holders of instruction permits and Class D licenses; to add a points penalty for the unlawful use of cellular, hands-free, or mobile telephones by holders of instruction permits and Class D licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

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HB 22. By Representatives Oliver of the 83rd, Manning of the 32nd, Hugley of the 133rd, Stephens of the 164th, Abrams of the 84th and others:
A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to require the use of safety belts in all passenger vehicles, including pickup trucks; to require the use of safety belts by occupants in the rear seats of a passenger vehicle; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 23. By Representatives Ramsey of the 72nd, Rice of the 51st, Lindsey of the 54th, Williams of the 178th, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to drivers' exercise of due care; to prohibit use of cell phones by persons under 18 years of age while operating a motor vehicle; to prohibit the practice of text messaging by persons under 18 years of age while operating a motor vehicle; to provide penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 24. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th, Lane of the 167th, Knox of the 24th and others:
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to substantially revise, supersede, and modernize provisions relating to evidence; to provide for definitions; to provide for general provisions; to provide for admission of relevant evidence; to provide for testimonial privileges; to provide for competency of witnesses; to provide for opinions and expert testimony; to provide for and define hearsay; to provide for securing attendance of witnesses; to amend Title 35 of the O.C.G.A., relating to law enforcement officers and agencies, so as to move provisions relating to DNA analysis of persons convicted of certain crimes from Title 24 to Title 35; to amend the O.C.G.A. so as to conform provisions to the new Title 24 and correct cross-references; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 28. By Representatives Levitas of the 82nd, Lunsford of the 110th, Ramsey of the 72nd, Wilkinson of the 52nd, Jerguson of the 22nd and others:
A BILL to be entitled an Act to provide for legislative findings; to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 44. By Representatives Graves of the 12th, Loudermilk of the 14th, Ramsey of the 72nd, Scott of the 2nd, Levitas of the 82nd 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 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.
Referred to the Committee on Appropriations.
HB 49. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th and Cooper of the 41st:
A BILL to be entitled an Act to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce, so as to revise certain provisions relating to the powers, duties,

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and responsibilities of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 50. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, so as to provide for certain notification requirements when a death occurs in a different county than where the acts or events resulting in the death occurred; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 51. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 35-3-8 of the Official Code of Georgia Annotated, relating to the powers of agents of the Georgia Bureau of Investigation generally, so as to maintain the bureau's ability to enforce criminal statutes pertaining to the operation of bingo games; 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 transfer the responsibility for regulation of bingo games and issuance of bingo licenses from the Georgia Bureau of Investigation to the Department of Revenue; to preserve the Georgia Bureau of Investigation's authority to assist the Department of Revenue in the criminal enforcement of bingo provisions; 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 Public Safety and Homeland Security.
HB 52. By Representatives Lunsford of the 110th, Harbin of the 118th, Levitas of the 82nd 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.

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Referred to the Committee on Energy, Utilities & Telecommunications.
HB 53. By Representatives Brooks of the 63rd, Marin of the 96th, Heard of the 114th, Abdul-Salaam of the 74th, Frazier of the 123rd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 54. By Representatives Lunsford of the 110th and Levitas of the 82nd:
A BILL to be entitled an Act to amend Code Section 47-23-105 of the Official Code of Georgia Annotated, relating to survivors' benefits under the Georgia Judicial Retirement System, ceasing spouses' benefits, vesting, and designation of survivors benefits, so as to provide that certain members of such retirement system who rejected spouses' benefits may elect such benefits by paying to the board of trustees such amount as determined by the actuary as necessary to grant such benefit without creating any accrued actuarial liability; to provide that in order to vest for spouses' benefits, such member must have at least ten years of membership service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 55. By Representatives Lunsford of the 110th, Willard of the 49th, Stephens of the 164th, Levitas of the 82nd and Parrish of the 156th:
A BILL to be entitled an Act to amend Code Section 15-6-61 of the Official Code of Georgia Annotated, relating to the use of computerized recordkeeping systems by clerks of superior courts, so as to provide for redacting social security numbers under certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 56. By Representatives Willard of the 49th, Geisinger of the 48th, Powell of the 171st and Thompson of the 104th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 57. By Representative Rice of the 51st:
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 define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 58. By Representative Maddox of the 172nd:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit with respect to certain volunteer firefighters; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 59. By Representatives O`Neal of the 146th, Cole of the 125th, Pruett of the 144th, Golick of the 34th and Harden of the 147th:

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A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for certain exemptions from sales and use taxes on those controlled substances and dangerous drugs, as defined by Code Section 16-13-1, lawfully dispensable by prescription for the treatment of natural persons which are either sold or are distributed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor; to provide for certain exemptions from sales and use taxes on controlled substances and dangerous drugs, lawfully dispensed without charge for the purposes of a clinical trial approved by an institutional review board which has been accredited by the Association for the Accreditation of Human Research Protection Programs; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 60. By Representatives Jacobs of the 80th, Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements and exceptions, so as to provide that no person exempt from the licensing requirements of such Code section shall hold himself or herself out as being licensed to practice professional counseling, social work, or marriage and family therapy or use any term or other indicia implying that he or she is licensed to practice professional counseling, social work, or marriage and family therapy or any combination thereof; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 61. By Representatives Davis of the 109th, Loudermilk of the 14th, Hatfield of the 177th, Setzler of the 35th, Everson of the 106th 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 change certain provisions regarding applicability of sales and use tax to motor fuel sales; to change certain provisions regarding the second motor fuel tax; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 62. By Representative Maddox of the 172nd:
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 provisions relating to a service cancelable loan fund and authorized types of service cancelable educational loans; to provide for a State Veterinary Education Board and its membership, powers, and duties; to provide for purchases of loans made for educational purposes to students who have completed a veterinary medical degree program; to provide for repayment of such purchases through the practice of certain veterinary medicine specialties in this state; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 63. 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 for additional requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 64. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, so as to provide for the completion of the medical certification as to the cause and circumstances of death during a certain period of time; to provide for penalties; to provide that a coroner shall be authorized to complete and sign a medical certification as to the cause and circumstances of death under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Health & Human Services.
HB 65. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 32-6-26 of the Official Code of Georgia Annotated, relating to the weight of vehicle and load, so as to provide a maximum weight per axle for a tow vehicle while towing a commercial highway vehicle; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 66. By Representative Sims of the 169th:
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 water and sewer projects and costs 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 other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 67. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to the sales and use tax exemption regarding eligible food and beverages, so as to provide for a partial suspension of such exemption for a limited period of time; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 68. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure

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for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Regulated Industries.

HR 2.

By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Bearden of the 68th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide for base-value exemptions from ad valorem taxes for county, municipal, or county or independent school district 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 local taxing jurisdictions in which such exemptions are approved in a referendum; to provide for applicability; to require voter approval of changes in the maximum millage rate for school district ad valorem taxes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

HR 4.

By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Cheokas of the 134th 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 Appropriations.

HR 11. By Representatives Graves of the 12th, Levitas of the 82nd, Loudermilk of the 14th, Scott of the 2nd, Ramsey of the 72nd 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.

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Referred to the Committee on Appropriations.
HR 12. By Representatives Graves of the 12th, Williams of the 4th, Loudermilk of the 14th, Ramsey of the 72nd, Levitas of the 82nd and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for verification of a person's citizenship to determine eligibility to vote; 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 Governmental Affairs.
HR 25. By Representatives Lunsford of the 110th, Levitas of the 82nd, Stephens of the 164th and Parrish of the 156th:
A RESOLUTION urging the President and Congress of the United States to support legislative efforts to reduce America's dependence on foreign oil; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HR 26. By Representatives Davis of the 109th, Mayo of the 91st and Lunsford of the 110th:
A RESOLUTION honoring the life of Dave S. Miller and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 27. By Representatives Franklin of the 43rd, Loudermilk of the 14th and Chambers of the 81st:
A RESOLUTION proposing an amendment to the Constitution so as to abolish and prohibit all state and local taxes, fees, and liens on property; to provide for procedures, conditions, and limitations; to provide for local sales and use tax proceeds; to provide for applicability of prior tax provisions; to change certain provisions regarding local taxation for education; to change certain provisions regarding special districts; to change certain provisions regarding tax allocation bonds; to change certain provisions regarding community improvement districts; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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Referred to the Committee on Ways & Means.
HR 28. By Representatives Brooks of the 63rd, Abdul-Salaam of the 74th, Frazier of the 123rd, Bruce of the 64th and Williams of the 165th:
A RESOLUTION honoring Mrs. Rosa Parks, Dr. Ralph David Abernathy, Sr., Reverend Hosea L. Williams, Reverend Dr. Joseph E. Lowery, and Reverend Joseph Everhart Boone, recognizing their accomplishments as worthy of enduring memorials, and urging the placement of their portraits in the state capitol; and for other purposes.
Referred to the Committee on Special Rules.
HR 29. By Representatives Maxwell of the 17th, Levitas of the 82nd, Lunsford of the 110th, Everson of the 106th, Coan of the 101st and others:
A RESOLUTION expressing support for the nation of Israel in its defense against terrorism in the Gaza Strip; and for other purposes.
Referred to the Committee on Special Rules.
HR 30. By Representatives Rice of the 51st and Graves of the 12th:
A RESOLUTION proposing an amendment to the Constitution so as to limit enactment and renewal of sales and use tax exemptions to periods not to exceed four years; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 31. By Representative Maddox of the 172nd:
A RESOLUTION commending Robert Earl (Bobby) Walden and dedicating a road in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 32. By Representatives Bearden of the 68th, Jerguson of the 22nd, Loudermilk of the 14th, Byrd of the 20th and Franklin of the 43rd:
A RESOLUTION urging Governor Sonny Perdue to proceed with leases for the exploration and drilling for oil and natural gas off the Georgia coast; and for other purposes.

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Referred to the Committee on Energy, Utilities & Telecommunications.

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

HB 1 HB 6 HB 9 HB 17 HB 18 HB 32 HB 35 HB 36

HB 45 HB 46 HB 47 HB 48 HR 1 HR 21 HR 22 HR 23

The following member was recognized during the period of Morning Orders and addressed the House:

Knight of the 126th.

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

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

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Representative Hall, Atlanta, Georgia

Thursday, January 15, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Carter, A Carter, B Casas Chambers Channell Cheokas Coan Cole E Coleman E Collins, D Collins, T

Cooper Cox Crawford Davis, H Davis, S Dawkins-Haigler Dempsey Dickson Dobbs Dollar Dooley Drenner E Dukes Ehrhart England Epps, J Everson E Fludd Franklin Frazier Gardner Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Heard Heckstall Hembree

Henson Hill, C Hill, C.A Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson, T Jones, J Jones, S Jordan Kaiser Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning

Marin Martin Maxwell May Mayo McKillip Meadows Millar Mills Mitchell Morgan Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, A Powell, J Pruett Ralston Ramsey Randall Reece Reese Rice Roberts

Rogers Rynders Scott, A Scott, M Sellier Shaw Sheldon Sims, B Sims, C Smith, B Smith, L Smith, R Smith, T Smith, V Stephens, M Stephenson Talton Taylor Teilhet Thomas Thompson Weldon 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 Butler of the 18th, Byrd of the 20th, Epps of the 128th, Floyd of the 99th, Fullerton of the 151st, Geisinger of the 48th, Golick of the 34th, Harbin of the 118th, Hatfield of the 177th, Hudson of the 124th, Johnson of the 75th, Keen of the 179th, Lucas of the 139th, McCall of the 30th, Morris of the 155th, Parham of the 141st, Setzler of the 35th, Shipp of the 58th, Sinkfield of the 60th, Stephens of the 164th, and Walker of the 107th.

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They wish to be recorded as present.

Prayer was offered by Dr. Benny Tate, Rock Springs Church, Milner, Georgia.

The members pledged allegiance to the flag.

Representative Sims of the 169th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

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

1. Introduction of Bills and Resolutions.

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

3. Second reading of Bills and Resolutions.

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

HB 4.

By Representatives Levitas of the 82nd, Lunsford of the 110th, Cheokas of the 134th, Bearden of the 68th, Powell of the 29th 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 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 11. By Representatives Levitas of the 82nd, Wilkinson of the 52nd, Jacobs of the 80th, Lunsford of the 110th, Cheokas of the 134th and others:

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A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to allow trial upon accusation in all cases except for serious violent felonies or any felony offense requiring a trial upon an indictment pursuant to express provisions of the laws or constitutions of this state or of the United States; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 14. By Representatives Levitas of the 82nd, Wilkinson of the 52nd, Jacobs of the 80th, Powell of the 29th, Carter of the 175th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs, district attorneys, and solicitor generals; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 15. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Mitchell of the 88th 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 procedures for adoption, amendment, or repeal of rules under the "Georgia Administrative Procedure Act," so as to change certain procedures; to change matters relative to legislative review; to provide for proposed rules to be made available to and made available by the Secretary of the Senate and the Clerk of the House of Representatives; to provide for new and revised procedures relative to legislative override; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or

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movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; 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 33. By Representatives Rice of the 51st, Scott of the 153rd and Holt of the 112th:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact the "Religious Viewpoints Antidiscrimination Act"; to provide that local school systems shall not discriminate against a student based on a religious viewpoint expressed; to require local school systems to establish a limited public forum for student speakers; to provide that students may express religious beliefs in class assignments; to allow for religious groups and activities in the same manner as other noncurricular groups and activities; to require each local school system to adopt a policy on limited public forums and voluntary student expression of religious viewpoints; to provide for a model policy; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 38. By Representative Setzler of the 35th:
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 69. By Representatives Jerguson of the 22nd, Cooper of the 41st, Channell of the 116th, Mitchell of the 88th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to clarify provisions relating to a candidate for nonresuscitation and authorization for an order not to resuscitate and to remove statutory

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ambiguity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 70. By Representatives Jerguson of the 22nd, Barnard of the 166th, Dempsey of the 13th, Pruett of the 144th and Glanton of the 76th:
A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the O.C.G.A., relating to early care and learning, so as to require certain employees to have state and national fingerprint records checks prior to employment; 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 Children & Youth.
HB 71. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to remove a defense to a charge of manufacturing, selling, or distributing false identification documents; 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 72. By Representative Lane of the 167th:
A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to repeal the provisions of law providing for county surveyors; to provide for the continuation in office of county surveyors who were elected to office until the end of their current terms of office; to provide for the abolishing of the offices of appointed county surveyors; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 73. By Representatives Lane of the 167th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to civil trials, so as to

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provide for the appointment of special masters; to provide for authority; to provide for orders and reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 74. 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.
Referred to the Committee on Ways & Means.
HB 75. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to ad valorem taxation of bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, so as to revise certain provisions relating to farms included within the definition of "bona fide conservation use property"; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 76. By Representatives Levitas of the 82nd, Wilkinson of the 52nd, Lunsford of the 110th, Mitchell of the 88th, Powell of the 29th and others:
A BILL to be entitled an Act to amend Code Section 40-6-96 of the Official Code of Georgia Annotated, relating to pedestrians walking on or along a roadway, so as to provide definitions; to clarify legal activities of pedestrians; 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 77. By Representatives England of the 108th, Benton of the 31st, Harden of the 28th and McCall of the 30th:

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A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of 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 provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 78. By Representatives Powell of the 29th, Bearden of the 68th and Levitas of the 82nd:
A BILL to be entitled an Act to amend Title 42 of the O.C.G.A., relating to penal institutions, so as to create the Department of Probation/Parole Community Based Supervision; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, to correct cross-references; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to change provisions relating to imposition and service of split sentences; to amend Titles 19, 40, and 45 of the O.C.G.A., relating to domestic relations, motor vehicles and traffic, and public officers and employees, respectively, so as to provide for certain changes in the administrative organization of the Department of Corrections and the State Board of Pardons and Paroles and to provide for conforming amendments; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 79. By Representatives Benton of the 31st, Rice of the 51st and Powell of the 29th:
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.

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HB 80. By Representatives Maxwell of the 17th, Keen of the 179th, Meadows of the 5th, Smith of the 131st, Hembree of the 67th and others:
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 81. By Representative Franklin of the 43rd:
A BILL to be entitled an Act to amend Code Section 19-11-9.1 of the Official Code of Georgia Annotated, relating to the duty to furnish information about child support obligors to the Department of Human Resources, so as to prohibit requiring a person who has never had a social security number to obtain one; 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 82. By Representatives Lindsey of the 54th and Willard of the 49th:
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 amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required, so as to protect certain records of the Office of State Inspector General from public disclosure; to provide for related matters; to provide for an automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 83. By Representatives Powell of the 29th, Bearden of the 68th and Levitas of the 82nd:
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

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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 Judiciary.
HB 84. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to provide that the Department of Corrections, in its discretion, may place a defendant convicted of a serious violent felony in a rehabilitation facility, transition center, halfway house, or similar facility to prepare the defendant for release upon completion of his or her sentence or parole; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 85. By Representatives Powell of the 29th and Levitas of the 82nd:
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 authorize the General Assembly by local law to provide for the nonpartisan election of clerks of the superior court, sheriffs, tax receivers, tax collectors, and tax commissioners; to provide for the qualifying for such offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 86. By Representatives Millar of the 79th, Smith of the 70th, Lindsey of the 54th, Teilhet of the 40th and Buckner of the 130th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that returns of absentee ballots shall be made by precinct; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Governmental Affairs.
HB 87. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, so as to revise certain provisions relating to the duty of an arresting officer to take an arrested person before a judicial officer and the lack of a right of the accused to select a judicial officer before whom he or she shall be tried; to provide that a custodian of the arrested person may perform such duty; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 88. By Representatives Powell of the 29th and Levitas of the 82nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of clerks of the superior court, sheriffs, tax receivers, tax collectors, and tax commissioners; to provide for the qualifying for such offices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 89. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to require physicians who participate in the state employees' or board of regents' health insurance plan to also participate in the Medicaid program; to amend Chapter 34A of Title 43 of the Official Code of Georgia Annotated, the "Patient Right to Know Act of 2001," so as to change certain provisions relating to physician profiles; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 90. By Representatives Powell of the 29th, Bearden of the 68th and Levitas of the 82nd:

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A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions concerning the General Assembly, so as to provide that each house of the General Assembly may by rule authorize the standing and special committees and subcommittees of that house to place witnesses under oath who come before such committees and subcommittees and present testimony; to provide penalties for false testimony before such committees and subcommittees; 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 91. By Representatives Jacobs of the 80th, Chambers of the 81st, Millar of the 79th, Wilkinson of the 52nd, Geisinger of the 48th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to prohibit members of public authorities from participating in and communicating with any other member of such authority regarding any matter before such authority if such member or his or her immediate family member has a pecuniary interest in the matter; to provide for definitions; to provide for penalties; to provide that matters that are approved in violation of such prohibition shall be void; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 92. By Representatives Jacobs of the 80th, Ramsey of the 72nd, Lunsford of the 110th, Levitas of the 82nd, Everson of the 106th and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that any person convicted for the first time of the offense of driving under the influence of alcohol with an alcohol concentration of 0.15 grams or more shall be required to undergo a clinical evaluation and possible treatment; to provide for enhanced penalties for such persons; to amend Code Section 428-111 of the Official Code of Georgia Annotated, relating to court ordered installation of ignition interlock devices, DUI Alcohol or Drug Use Risk Reduction Program, notice of requirements, and driver's license fee, so as to provide for an additional provision of probation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 93. By Representative Sims of the 119th:
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, 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 Judiciary.
HB 94. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to public utilities and public transportation, so as to provide for a definition; to require that an electric company provide notice to property owners before entering upon their property, except in the case of an emergency; to provide for the contents of the notice; to provide for a penalty; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 95. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes made to a taxpayer's ad valorem tax return, so as to require additional information in such notices; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 96. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide a short title; to provide for legislative intent; to provide for definitions; to prohibit certain anticompetitive actions; to provide for exceptions; to authorize the Attorney General to investigate and litigate such matters; to provide for methods of investigation; to provide for jurisdiction and authority for enforcement; to provide for subpoenas; to provide for the authorization of certain immunity from prosecution; to provide for the determination of

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whether certain actions are violations through declaratory judgment actions; to provide for civil actions against violators; to provide for criminal sanctions; to provide for related matters; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 9. By Representative Setzler of the 35th:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a complete and permanent exemption from ad valorem taxes and fees for any and all purposes for property if the taxpayer pays an amount equal to 20 times the amount of ad valorem taxes and fees due and payable for the current-year assessed value of such property; to provide for definitions; to specify the terms and conditions of the exemption and procedures relating thereto; to provide for a short title; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 70. By Representative Stephens of the 164th:
A RESOLUTION proposing an amendment to the Constitution so as to require that the condemnation of property pursuant to the power of eminent domain must be approved by a resolution or ordinance of the governing authority of the municipality or county in which the property is located; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.
HR 71. By Representative O`Neal of the 146th:
A RESOLUTION urging the Congress of the United States to oppose any efforts to adopt the so-called "Employee Free Choice Act"; and for other purposes.
Referred to the Committee on Industrial Relations.
HR 72. 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.

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Referred to the Committee on Judiciary.

HR 73. By Representative Franklin of the 43rd:

A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to remove provisions relative to decisions of the Court of Appeals and Supreme Court binding other courts and thereby provide that persons who are not parties to judicial actions shall not be bound by decisions therein; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary.

HR 74. By Representative Franklin of the 43rd:

A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to remove the power of the Judicial Qualifications Commission to remove and discipline judges; to provide that actions by the commission shall be advisory only; to provide that the power to remove and discipline judges is vested exclusively in the elected General Assembly; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary.

HR 75. By Representative Scott of the 153rd:

A RESOLUTION proposing an amendment to the Constitution so as to provide for state-wide grand juries; to provide for the jurisdiction, powers, and duties of state-wide grand juries; to authorize the General Assembly to provide by law for procedures for the summoning and empaneling of statewide grand juries; to provide for a presiding judge; to provide that the Attorney General or his or her designee shall act as the legal adviser and prosecutor for such state-wide grand juries; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

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

HB 2 HB 3

HB 59 HB 60

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HB 12 HB 19 HB 20 HB 21 HB 22 HB 23 HB 24 HB 28 HB 29 HB 44 HB 49 HB 50 HB 51 HB 52 HB 53 HB 54 HB 55 HB 56 HB 57 HB 58

HB 61 HB 62 HB 63 HB 64 HB 65 HB 66 HB 67 HB 68 HR 2 HR 4 HR 11 HR 12 HR 25 HR 26 HR 27 HR 28 HR 29 HR 30 HR 31 HR 32

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

Williams of the 165th, Knight of the 126th, McCall of the 30th, Hugley of the 133rd, and Neal of the 1st.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 79. By Representatives Day of the 163rd, Horne of the 71st, Maddox of the 127th, Neal of the 1st, Talton of the 145th and others:

A RESOLUTION commending Georgia 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.

The following Resolutions of the House were read and adopted:

HR 80. By Representatives Hamilton of the 23rd, Amerson of the 9th, Knox of the 24th, McCall of the 30th, Peake of the 137th and others:

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

A RESOLUTION recognizing and commending Clayton Thomas Bell; and for other purposes.
By Representatives Davis of the 122nd, Keen of the 179th, Amerson of the 9th, Ashe of the 56th, Murphy of the 120th and others:
A RESOLUTION recognizing and commending Georgia Tech professor Dr. Mostafa El-Sayed upon being awarded the National Medal of Science; and for other purposes.
By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 159th, Parham of the 141st and Harden of the 147th:
A RESOLUTION declaring February 18, 2009, as Pharmacy Day at the state capitol and commending the Georgia Pharmacy Association and its members for 134 years of service to the people of Georgia
By Representatives Brooks of the 63rd, Williams of the 165th, Abdul-Salaam of the 74th, Benfield of the 85th and Mangham of the 94th:
A RESOLUTION honoring the life and memory of Reverend James L. Bevel; and for other purposes.
By Representatives Smith of the 113th, Heard of the 114th and McKillip of the 115th:
A RESOLUTION honoring and celebrating the 80th birthday of Mr. Mike Kooyman; and for other purposes.
By Representatives Davis of the 122nd, Keen of the 179th, Amerson of the 9th, Ashe of the 56th, Murphy of the 120th and others:
A RESOLUTION commending Georgia Tech tennis player Amanda McDowell on winning the 2008 NCAA Women's Tennis Singles Championship; and for other purposes.
By Representatives Davis of the 122nd, Keen of the 179th, Amerson of the 9th, Ashe of the 56th, Murphy of the 120th and others:
A RESOLUTION commending the Georgia Tech Band on its 100th anniversary and for its appearance in the 2008 Macy's Thanksgiving Day Parade in New York City; and for other purposes.

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HR 87. By Representatives Brooks of the 63rd and Benfield of the 85th:
A RESOLUTION honoring the life and memory of Mr. Charles Morgan, Jr.; and for other purposes.
HR 88. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mrs. Darnella Shell Jones; and for other purposes.
HR 89. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mr. William Fowlkes; and for other purposes.
HR 90. By Representatives Williams of the 89th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd, Mosby of the 90th, Mitchell of the 88th and others:
A RESOLUTION recognizing and commending the National Council of Negro Women, Inc.; and for other purposes.
HR 91. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mr. George Coleman; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia
Friday, January 16, 2009
The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
The following oath of office was administered to Representative-Elect Doug Collins of the 27th:
OFFICIAL OATH OF GEORGIA STATE REPRESENTATIVE
HOUSE DISTRICT 27 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/ Doug Collins STATE REPRESENTATIVE
Sworn to and subscribed before me,

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This 16th day of January, 2009.
/s/ Jason J. Deal Judge, Superior Court Hall County, Georgia Northeastern Circuit
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Sam Henderson, First Presbyterian Church, Marietta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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.
The Committee on Assignments submitted the following report:
Report of Committee on Assignments: 2009-2010 House Committees, Officers, and Members
Pursuant to the authority granted to the Committee on Assignments by virtue of the Order of the Speaker dated 1/12/2009, the Committee makes the following assignments, placements, and appointments as of 7:00 pm this 14th day of January, 2009.
/s/ Glenn Richardson Speaker Glenn Richardson

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Agriculture and Consumer Affairs

McCall, Tom

Chairman

England, Terry Vice-Chairman

Maddox, Gene Secretary

Anderson, Lee

Black, Ellis

Burns, Jon

Dooley, Pat

Dukes, Winfred

Epps, Carl Von

Harden, Buddy

Houston, Penny

James, Lynmore

Levitas, Kevin

Maddox, Billy

Porter, DuBose

Roberts, Jay

Sellier, Tony

Smith, Tommy

Appropriations Harbin, Ben Butler, Mark Channell, Mickey Hill, Calvin Lindsey, Edward Martin, Chuck Parrish, Butch Rogers, Carl Smith, Bob Smith, Richard O'Neal, Larry Sims, Chuck Amerson, Amos Barnard, Terry Black, Ellis Burkhalter, Mark Carter, Buddy Carter, Amy Casas, David Chambers, Jill Cheokas, Mike Coan, Mike

Chairman Vice-Chairman Vice-Chairman Vice-Chairman Vice-Chairman Vice-Chairman Vice-Chairman Vice-Chairman Vice-Chairman Secretary Ex-Officio Ex-Officio

Cole, Jim Day, Burke Dollar, Matt Ehrhart, Earl England, Terry Gardner, Pat Golick, Rich Greene, Gerald Hanner, Bob Heard, Keith Hembree, Bill Henson, Michele Hill, Cecily Houston, Penny Hugley, Carolyn James, Lynmore Jones, Jan Jones, Sheila Keen, Jerry Knox, Tom Lane, Bob Lucas, David Lunsford, John Manning, Judy Maxwell, Howard Mills, James Morris, Greg Neal, Jay Oliver, Mary Margaret Parham, Bobby Parsons, Don Porter, DuBose Powell, Alan Pruett, Jimmy Ralston, David Reese, Bobby Roberts, Jay Rynders, Ed Scott, Austin Setzler, Ed Shaw, Jay Sheldon, Donna Smith, Vance

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Smith, Lynn Smith, Tommy Smyre, Calvin Stephens, Ron Walker, Len Willard, Wendell Williams, Roger Yates, John

Banks and Banking

Mills, James

Chairman

Hill, Calvin

Vice-Chairman

Hill, Cecily

Secretary

Allison, Stephen

Benfield, Stephanie

Coan, Mike

Collins, Toney

Cox, Clay

Ehrhart, Earl

Fludd, Virgil

Franklin, Bobby

Frazier, Gloria

Greene, Gerald

Harden, Buddy

Houston, Penny

Jordan, Darryl

Kaiser, Margaret

Knight, David

Marin, Pedro "Pete"

Mayo, Rahn

Morris, Greg

Nix, Randy

Parrish, Butch

Peake, Allen

Reese, Bobby

Rice, Tom

Scott, Martin

Shaw, Jay

Sheldon, Donna

Sinkfield, Georganna

Talton, Willie

Weldon, Tom

Williams, Mark

Budget and Fiscal Affairs Oversight

Houston, Penny Chairman

Reese, Bobby

Vice-Chairman

Dempsey, Katie Secretary

Davis, Hardie

Dooley, Pat

Epps, Bubber

Hill, Calvin

Martin, Chuck

Children and Youth

Manning, Judy Chairman

Byrd, Charlice Vice-Chairman

Collins, Doug

Secretary

Allison, Stephen

Ashe, Kathy

Austin, Rick

Battles, Paul

Carter, Amy

Epps, Bubber

Glanton, Mike

Hamilton, Mark

Harden, Buddy

Harden, Michael

Howard, Wayne

Johnson, Terry

Johnson, Celeste

Mangham, Randal

Morgan, Alisha

Peake, Allen

Powell, Jay

Pruett, Jimmy

Sinkfield, Georganna

Code Revision

Morris, Greg

Chairman

Setzler, Ed

Vice-Chairman

Lane, Roger

Secretary

Abrams, Stacey

Benfield, Stephanie

Crawford, Rick

Weldon, Tom

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Defense and Veterans Affairs

Yates, John

Chairman

Everson, Melvin Vice-Chairman

Sellier, Tony

Secretary

Abrams, Stacey

Day, Burke

Glanton, Mike

Heckstall, Joe

Ramsey, Matt

Smith, Tommy

Thomas, Brian

Education

Coleman, Brooks Chairman

Millar, Fran

Vice-Chairman

Benton, Tommy Secretary

Ashe, Kathy

Austin, Rick

Battles, Paul

Carter, Amy

Casas, David

Dickson, Tom

Everson, Melvin

Floyd, Hugh

Holt, Doug

Houston, Penny

Jones, Jan

Jordan, Darryl

Kaiser, Margaret

Keown, Mike

Lindsey, Edward

Massey Reece, Barbara

Maxwell, Howard

Mayo, Rahn

Morgan, Alisha

Nix, Randy

Peake, Allen

Reese, Bobby

Sellier, Tony

Setzler, Ed

Talton, Willie

Taylor, Rashad

Teilhet, Rob

Thomas, Brian Williams, "Coach"

Economic Development and Tourism

Stephens, Ron Chairman

Casas, David

Vice-Chairman

Horne, Billy

Secretary

Abdul-Salaam, Roberta

Brooks, Tyrone

Bryant, Bob

Byrd, Charlice

Carter, Buddy

Dempsey, Katie

Dickson, Tom

Dukes, Winfred

Floyd, Hugh

Gordon, J. Craig

Harden, Michael

Henson, Michele

Hill, Cecily

Hudson, Sistie

Jackson, Mack

Johnson, Terry

Johnson, Celeste

Maddox, Gene

Marin, Pedro "Pete"

Millar, Fran

Neal, Jay

Nix, Randy

Parrish, Butch

Pruett, Jimmy

Sheldon, Donna

Sims, Barbara

Smith, Vance

Wilkinson, Joe

Williams, Al

Energy,

Utilities,

and

Telecommunications

Parsons, Don

Chairman

Geisinger, Harry Vice-Chairman

Loudermilk, Barry Secretary

Amerson, Amos

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JOURNAL OF THE HOUSE

Baker, Glenn Burkhalter, Mark Cox, Clay Davis, Hardie Dempsey, Katie Drenner, Karla Harbin, Ben Holt, Doug Horne, Billy Hudson, Sistie Lucas, David Mangham, Randal Martin, Chuck May, Jeff Scott, Martin Smith, Bob Williams, Mark Williams, "Coach" Wix, Don

Ethics Wilkinson, Joe Burkhalter, Mark Hugley, Carolyn Jones, Jan Keen, Jerry Porter, DuBose Randall, Nikki Roberts, Jay Sheldon, Donna Smyre, Calvin Willard, Wendell

Chairman

Governmental Affairs

Scott, Austin

Chairman

Meadows, John Vice-Chairman

O'Neal, Larry

Secretary

Brooks, Tyrone

Butler, Mark

Chambers, Jill

Floyd, Hugh

Hamilton, Mark

Hatfield, Mark

Morgan, Alisha Mosby, Howard Oliver, Mary Margaret Powell, Jay Powell, Alan Ralston, David

Game, Fish, and Parks

Lane, Bob

Chairman

Hill, Cecily

Vice-Chairman

Burns, Jon

Secretary

Baker, Glenn

Beasley-Teague, Sharon

Bruce, Roger

Dobbs, Elly

Jerguson, Sean

Knight, David

McCall, Tom

Scott, Martin

Williams, Al

Health and Human Services

Cooper, Sharon Chairman

Rynders, Ed

Vice-Chairman

Carter, Buddy

Secretary

Butler, Mark

Byrd, Charlice

Cheokas, Mike

Collins, Doug

Dempsey, Katie

Dobbs, Elly

Drenner, Karla

Gordon, J. Craig

Graves, Tom

Hembree, Bill

Henson, Michele

Howard, Wayne

Hudson, Sistie

Jerguson, Sean

Jones, Sheila

Kaiser, Margaret

Keown, Mike

Loudermilk, Barry

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109

Lunsford, John Maddox, Gene Millar, Fran Mitchell, Billy Mosby, Howard Parsons, Don Peake, Allen Randall, Nikki Rogers, Carl Sellier, Tony Shipp, Robbin Sims, Barbara Stephens, Mickey Stephenson, Pam Wilkinson, Joe

Higher Education

Hembree, Bill

Chairman

Knight, David Vice-Chairman

Cox, Clay

Secretary

Allison, Stephen

Amerson, Amos

Ashe, Kathy

Carter, Amy

Dempsey, Katie

Fullerton, Carol

Gardner, Pat

Harden, Michael

Hatfield, Mark

Long, Ralph

Murphy, Quincy

Sims, Chuck

Smyre, Calvin

Walker, Len

Human Relations and Aging

Walker, Len

Chairman

Dickson, Tom Vice-Chairman

Ramsey, Matt

Secretary

Butler, Mark

Channell, Mickey

Dawkins-Haigler, Dee

Frazier, Gloria

Heckstall, Joe Howard, Wayne Johnson, Terry Maddox, Gene Smith, Richard

Information and Audits

Sims, Chuck

Chairman

Franklin, Bobby Vice-Chairman

Maddox, Billy Secretary

Cheokas, Mike

Thompson, Lee

Interstate Cooperation

Dollar, Matt

Chairman

Smith, Richard Vice-Chairman

Manning, Judy Secretary

Ashe, Kathy

Burns, Jon

Collins, Toney

Insurance Knox, Tom Neal, Jay Coan, Mike Collins, Toney Davis, Steve Dollar, Matt Epps, Carl Von Everson, Melvin Golick, Rich Harbin, Ben Heard, Keith Hembree, Bill Holt, Doug Hugley, Carolyn Jacobs, Mike Keen, Jerry Lucas, David Maxwell, Howard Meadows, John Murphy, Quincy Rogers, Carl

Chairman Vice-Chairman Secretary

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JOURNAL OF THE HOUSE

Sinkfield, Georganna Smith, Richard Stephens, Mickey Wilkinson, Joe

Intragovernmental Coordination

Rynders, Ed

Chairman

Lane, Bob

Vice-Chairman

Scott, Martin

Secretary

Anderson, Lee

Coleman, Brooks

Crawford, Rick

Harbin, Ben

Heard, Keith

McKillip, Doug

Stephenson, Pam

Wix, Don

Industrial Relations

Coan, Mike

Chairman

Reese, Bobby

Vice-Chairman

England, Terry Secretary

Carter, Buddy

Cox, Clay

Dawkins-Haigler, Dee

Dooley, Pat

Floyd, Hugh

Hamilton, Mark

Horne, Billy

Howard, Wayne

Kaiser, Margaret

Knox, Tom

Lindsey, Edward

Marin, Pedro "Pete"

May, Jeff

McKillip, Doug

Pruett, Jimmy

Shipp, Robbin

Teilhet, Rob

Williams, Roger

Judiciary Willard, Wendell Chairman

Ralston, David Vice-Chairman

Jacobs, Mike

Secretary

Golick, Rich

Ex-Officio

Wilkinson, Joe Ex-Officio

Allison, Stephen

Bruce, Roger

Dobbs, Elly

Hatfield, Mark

Lane, Roger

Lindsey, Edward

Maddox, Billy

McKillip, Doug

Oliver, Mary Margaret

O'Neal, Larry

Shipp, Robbin

Stephenson, Pam

Teilhet, Rob

Weldon, Tom

Judiciary - Non-Civil

Golick, Rich

Chairman

Hatfield, Mark Vice-Chairman

Bearden, Tim

Secretary

Abdul-Salaam, Roberta

Abrams, Stacey

Benfield, Stephanie

Byrd, Charlice

Cole, Jim

Collins, Doug

Cooper, Sharon

Everson, Melvin

Franklin, Bobby

Knox, Tom

Levitas, Kevin

Lunsford, John

Mangham, Randal

Ramsey, Matt

Randall, Nikki

Setzler, Ed

MARTOC Chambers, Jill Ehrhart, Earl

Chairman

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111

Geisinger, Harry Jacobs, Mike Mitchell, Billy O'Neal, Larry Taylor, Rashad Thompson, Lee

Motor Vehicles Rice, Tom Graves, Tom Bearden, Tim Austin, Rick Battles, Paul Bruce, Roger Harden, Michael Johnson, Terry Parham, Bobby Powell, Alan Yates, John

Chairman Vice-Chairman Secretary

Natural Resources and Environment

Smith, Lynn

Chairman

Morris, Greg

Vice-Chairman

Nix, Randy

Secretary

Anderson, Lee

Barnard, Terry

Benfield, Stephanie

Benton, Tommy

Buckner, Debbie

Burkhalter, Mark

Coleman, Brooks

Davis, Hardie

Drenner, Karla

England, Terry

Fullerton, Carol

Gardner, Pat

Geisinger, Harry

Hanner, Bob

Harden, Buddy

Keown, Mike

Lane, Roger

Long, Ralph

Manning, Judy

McCall, Tom McKillip, Doug Meadows, John Smith, Richard Thomas, Brian Thompson, Lee Wilkinson, Joe Williams, Mark

Public Safety and Homeland Security

Day, Burke

Chairman

Talton, Willie

Vice-Chairman

Maddox, Billy Secretary

Black, Ellis

Collins, Doug

Frazier, Gloria

Hanner, Bob

Horne, Billy

Jackson, Mack

Neal, Jay

Reapportionment

Lane, Roger

Chairman

Franklin, Bobby Vice-Chairman

Cox, Clay

Secretary

Beasley-Teague, Sharon

Jerguson, Sean

Johnson, Celeste

Jones, Jan

Massey Reece, Barbara

Mayo, Rahn

Smith, Lynn

Smith, Bob

Talton, Willie

Yates, John

Retirement Maxwell, Howard Meadows, John Benton, Tommy Brooks, Tyrone Buckner, Debbie Coleman, Brooks

Chairman Vice-Chairman Secretary

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JOURNAL OF THE HOUSE

Day, Burke Golick, Rich Gordon, J. Craig James, Lynmore Maddox, Gene Weldon, Tom Williams, "Coach"

Regulated Industries Williams, Roger Chairman Jerguson, Sean Vice-Chairman Dickson, Tom Secretary Bearden, Tim Cooper, Sharon Epps, Carl Von Fludd, Virgil James, Lynmore Maddox, Billy Mitchell, Billy Powell, Alan Ramsey, Matt Shaw, Jay

Rules Ehrhart, Earl Lunsford, John Mills, James Hugley, Carolyn Porter, DuBose Barnard, Terry Burkhalter, Mark Casas, David Chambers, Jill Channell, Mickey Coan, Mike Cole, Jim Cooper, Sharon Drenner, Karla Greene, Gerald Hanner, Bob Jacobs, Mike Jones, Jan Keen, Jerry

Chairman Vice-Chairman Secretary Ex-Officio Ex-Officio

Lane, Bob Manning, Judy Millar, Fran Morris, Greg Mosby, Howard Parham, Bobby Parrish, Butch Randall, Nikki Rice, Tom Roberts, Jay Scott, Austin Shaw, Jay Smith, Lynn Smith, Vance Smith, Bob Smyre, Calvin Stephens, Ron Walker, Len Willard, Wendell

Science and Technology Amerson, Amos Chairman Martin, Chuck Vice-Chairman Byrd, Charlice Secretary Battles, Paul Davis, Hardie Levitas, Kevin Loudermilk, Barry Massey Reece, Barbara Oliver, Mary Margaret

State Institutions and Property

Barnard, Terry Chairman

Horne, Billy

Vice-Chairman

Jerguson, Sean Secretary

Bryant, Bob

Buckner, Debbie

Cheokas, Mike

Davis, Steve

Ehrhart, Earl

Greene, Gerald

Hill, Calvin

Lane, Roger

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113

Massey Reece, Barbara Williams, Al

State Planning Affairs Smith, Tommy Davis, Steve Sims, Barbara Bearden, Tim Cole, Jim Crawford, Rick Dukes, Winfred Epps, Bubber Heckstall, Joe Jackson, Mack Mitchell, Billy Shipp, Robbin Sims, Chuck Walker, Len Willard, Wendell

and Community
Chairman Vice-Chairman Secretary

Special Rules Burns, Jon Keown, Mike Holt, Doug Fullerton, Carol Hill, Calvin

Chairman Vice-Chairman Secretary

Transportation

Smith, Vance

Chairman

Sheldon, Donna Vice-Chairman

Loudermilk, Barry Secretary

Abdul-Salaam, Roberta

Anderson, Lee

Baker, Glenn

Benton, Tommy

Bryant, Bob

Burns, Jon

Channell, Mickey

Davis, Steve

Dawkins-Haigler, Dee

Dollar, Matt

Everson, Melvin

Gardner, Pat Geisinger, Harry Glanton, Mike Graves, Tom Hamilton, Mark Hill, Cecily Holt, Doug Jones, Sheila Jordan, Darryl Levitas, Kevin Long, Ralph Lucas, David May, Jeff McCall, Tom Murphy, Quincy Ralston, David Rice, Tom Rogers, Carl Rynders, Ed Setzler, Ed Sims, Barbara Williams, Mark Wix, Don

Ways and Means

O'Neal, Larry

Chairman

Sims, Chuck

Vice-Chairman

Knight, David Secretary

Harbin, Ben

Ex-Officio

Abrams, Stacey

Austin, Rick

Beasley-Teague, Sharon

Black, Ellis

Bryant, Bob

Fludd, Virgil

Glanton, Mike

Graves, Tom

Martin, Chuck

May, Jeff

Mills, James

Mosby, Howard

Parsons, Don

Peake, Allen

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JOURNAL OF THE HOUSE

Powell, Jay Rice, Tom Roberts, Jay Scott, Martin Scott, Austin Stephens, Mickey

Stephens, Ron Talton, Willie Taylor, Rashad Williams, Roger

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

HB 10. By Representatives Levitas of the 82nd, Ramsey of the 72nd, Powell of the 29th, Talton of the 145th, O`Neal of the 146th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide access by private individuals, businesses, and governmental agencies to an individual's Georgia criminal history without such individual's consent or fingerprints; to change provisions relating to disclosure and dissemination of criminal records to private persons and businesses; to change provisions relating to disclosure and dissemination of records to public agencies and political subdivisions; to change provisions relating to fees; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

HB 43. By Representatives Mitchell of the 88th and Jordan of the 77th:

A BILL to be entitled an Act to amend Chapter 43 of Title 43 of the Official Code of Georgia Annotated, relating to scrap metal processors, so as to require that the identity of nonlicensed sellers of scrap metal be verified by photo identification; to provide for definitions; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

HB 97. By Representatives Benfield of the 85th, Williams of the 178th, Ramsey of the 72nd and Levitas of the 82nd:

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

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115

school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 98. 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 for membership on the Athens-Clarke County Industrial Development Authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 99. By Representatives Brooks of the 63rd and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that no public retirement system shall invest funds in public obligations of companies doing business with or in the Republic of Sudan; to provide for divestiture of such investments; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 100. By Representatives Ehrhart of the 36th, Casas of the 103rd, Lunsford of the 110th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Title 20 and Title 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 educational improvement and student scholarship organizations; to change certain definitions; to change certain requirements regarding operation and taxation of student scholarship organizations; to provide for criminal penalties regarding student scholarship organization requirements; to revise and change certain provisions regarding the qualified education income tax

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credit; 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 101. By Representatives Hamilton of the 23rd, Smith of the 129th, Everson of the 106th, Graves of the 12th, Glanton of the 76th and others:
A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the erection, placement, or maintenance of unlawful or unauthorized structures, so as to limit certain prohibitions upon advertising in or on transit agencies' vehicles and facilities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 102. By Representatives Jerguson of the 22nd, Dickson of the 6th, Williams of the 4th, Powell of the 29th, Maddox of the 127th and others:
A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to revise certain provisions relating to the issuance of licenses for manufacturing, distributing, and selling of alcoholic beverages and the conduct permitted by those holding such licenses; to authorize samplings for consumption by retail dealers and employees of retail dealers to be conducted by manufacturers and wholesalers of alcoholic beverages and specifically distilled spirits and consumed by retail dealers and retail dealers' employees under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 103. By Representatives Powell of the 29th, Benton of the 31st, Bearden of the 68th, Shaw of the 176th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create Confederate Heritage and History Month; to provide for legislative findings; to encourage observances and celebrations of Confederate Heritage and History Month; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 104. By Representatives Cox of the 102nd, Coan of the 101st, Thomas of the 100th, Mitchell of the 88th, Marin of the 96th 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 provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 105. By Representatives Greene of the 149th and Davis of the 122nd:
A BILL to be entitled an Act to amend Code Section 46-5-122 of the Official Code of Georgia Annotated, relating to definitions relative to emergency telephone 9-1-1 systems, so as to redefine certain terms; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 106. By Representative Rogers of the 26th:
A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the ad valorem taxation of motor vehicles, so as to provide that commercial highway motor vehicles not registered in Georgia which are in the custody of a manufacturing facility in this state for the sole purpose of modification or fabrication shall not be subject to ad valorem taxation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 107. By Representatives Geisinger of the 48th, Chambers of the 81st and 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, locksmiths, and apprentices; to provide for qualifications for licensing and

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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 Regulated Industries.
HB 108. By Representatives Bryant of the 160th, Stephens of the 161st, Stephens of the 164th, Carter of the 159th, Gordon of the 162nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50, relating to other state symbols, so as to provide that the Ralph Mark Gilbert Civil Rights Museum shall be the official state civil rights museum; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 109. By Representatives Bryant of the 160th, Stephens of the 161st, Stephens of the 164th, Carter of the 159th, Gordon of the 162nd 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, so as to define a certain term; to provide that owning, possessing, keeping, or training a cock for cockfighting, causing any cock to fight or injure another cock for amusement or gain, or allowing such activities on a person's property shall constitute a felony; to provide that being present at a cockfight shall constitute a misdemeanor of a high and aggravated nature; to provide that being present at any place where preparations are being made for an exhibition of cockfighting shall constitute a misdemeanor; to provide for punishments; to provide for exemptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 110. By Representatives Marin of the 96th, Brooks of the 63rd, Thomas of the 100th, Williams of the 165th, Taylor of the 55th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to

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stop a motorist; to require annual training of law enforcement officers on impermissible uses of race and ethnicity in stopping vehicles; to require law enforcement officers to document the race, ethnicity, and gender of a motorist and passengers; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 111. By Representatives Marin of the 96th, Brooks of the 63rd, Thomas of the 100th, Williams of the 165th, Taylor of the 55th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to repeal certain provisions regarding sentencing of defendants guilty of crimes involving bias or prejudice, circumstances, and parole; to provide for sentencing of certain defendants guilty of crimes which target a victim due to the victim's race, religion, gender, gender identity, sexual orientation, or national origin; to provide for enhanced sentences in any case in which the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property of the victim as the object of the offense because of the victim's race, religion, gender, gender identity, sexual orientation, or national origin; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 112. By Representatives Gordon of the 162nd, Bryant of the 160th, Day of the 163rd, Stephens of the 161st, Carter of the 159th and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemption of property, so as to provide for definitions; to provide that local tax officials shall provide the new owner of a property with appropriate homestead exemption forms upon the conveyance of such property; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 113. By Representative Holt of the 112th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the "Housing

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Authorities Law," so as to establish that certain past offenses shall not disqualify applicants from access to housing provided by housing authorities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 114. By Representative Holt of the 112th:
A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Newborn, approved June 3, 2003 (Ga. L. 2003, p. 4397), so as to change the terms of office of the members of the town council from concurrent to staggered terms of office; to provide for continuation in office of certain current councilmembers; to provide for election and terms of office of subsequent councilmembers; to clarify certain requirements regarding the election of the mayor and members of the town council; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 115. By Representatives Jerguson of the 22nd, Ramsey of the 72nd, Williams of the 4th, Powell of the 29th, Maddox of the 127th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales of distilled spirits, so as to require the provision of certain identifying information to the commissioner to enable a determination to be made as to whether a person or a person's family holds more than two retail dealer licenses; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 116. By Representatives Stephens of the 164th, Harbin of the 118th, Keen of the 179th and Davis of the 122nd:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 117. By Representatives Keen of the 179th, Burkhalter of the 50th, Morris of the 155th, Porter of the 143rd and Hugley of the 133rd:
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the Georgia House of Representatives, respectively; to provide for editorial revision; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Code Revision.
HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II).
Referred to the Committee on Appropriations.
HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending July 30, 2010.
Referred to the Committee on Appropriations.
HB 120. By Representatives Smith of the 70th, Dempsey of the 13th, Talton of the 145th, Harden of the 147th, Powell 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 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

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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 121. By Representatives Cole of the 125th, O`Neal of the 146th, Roberts of the 154th, Pruett of the 144th, McCall of the 30th 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 an exemption for a limited time with respect to the collection of any rate of prepaid state taxes as defined in paragraph (5.1) of Code Section 48-8-2 to the extent it differs from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it applies to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HR 5.

By Representatives Scott of the 2nd, Byrd of the 20th, Everson of the 106th, Mills of the 25th, Crawford of the 16th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the paramount right to life is vested in each human being from the moment of fertilization without regard to age, race, sex, health, function, or condition of dependency; to provide that certain powers are not limited by this amendment; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary.

HR 10. By Representatives Mitchell of the 88th, Geisinger of the 48th, Loudermilk of the 14th and Lunsford of the 110th:

A RESOLUTION creating the Joint Study Committee for Clean Energy Technology; and for other purposes.

Referred to the Committee on Energy, Utilities & Telecommunications.

HR 76. By Representatives Brooks of the 63rd, Mangham of the 94th, Heard of the 114th, Abdul-Salaam of the 74th, Williams of the 165th and others:

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A RESOLUTION proposing an amendment to the Constitution so as to provide that persons who have been convicted of a felony involving moral turpitude may register to vote and vote upon release from confinement or while serving a period of probation or parole; to provide for notice to persons pleading guilty or nolo contendere to such an offense; to provide for notice to persons being released from confinement for such an offense; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary.

HR 77. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th, Chambers of the 81st and Marin of the 96th:

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 78. By Representatives Geisinger of the 48th, McCall of the 30th, Levitas of the 82nd, Burns of the 157th, England of the 108th and others:

A RESOLUTION creating the Joint Equine Industry Study Committee; and for other purposes.

Referred to the Committee on Regulated Industries.

HR 92. By Representative Loudermilk of the 14th:

A RESOLUTION honoring the life of Edwin Price Hamilton 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 were read the second time:

HB 4 HB 11 HB 14 HB 15 HB 16

HB 83 HB 84 HB 85 HB 86 HB 87

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HB 33 HB 38 HB 69 HB 70 HB 71 HB 72 HB 73 HB 74 HB 75 HB 76 HB 77 HB 78 HB 79 HB 80 HB 81 HB 82

HB 88 HB 89 HB 90 HB 91 HB 92 HB 93 HB 94 HB 95 HB 96 HR 9 HR 70 HR 71 HR 72 HR 73 HR 74 HR 75

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

Collins of the 27th and Stephens of the 164th.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Governmental Affairs and referred to the Committee on Motor Vehicles:

HB 57. By Representative Rice of the 51st:

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 define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 93. By Representatives Smith of the 70th, Stephens of the 164th and Mills of the 25th:

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A RESOLUTION recognizing and commending Mr. George Francis Aldridge on his 90th birthday; and for other purposes.
HR 94. By Representatives Knight of the 126th, Lane of the 158th and Burns of the 157th:
A RESOLUTION recognizing January 15, 2009, as "Sportsmen's Day at the Capitol"; and for other purposes.
HR 95. By Representatives Buckner of the 130th, Smith of the 131st, Hugley of the 133rd, Smith of the 129th and Manning of the 32nd:
A RESOLUTION honoring the life and memory of Mrs. Janice Davis; and for other purposes.
HR 96. By Representative Brooks of the 63rd:
A RESOLUTION recognizing and commending Mr. Earnest "Jack" Ingram; and for other purposes.
HR 97. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mr. Harold Silas Brooks; and for other purposes.
HR 98. By Representative Fludd of the 66th:
A RESOLUTION commending Mrs. Larris J. Marks; and for other purposes.
HR 99. By Representatives Sellier of the 136th, Talton of the 145th, O`Neal of the 146th, Pruett of the 144th and Cheokas of the 134th:
A RESOLUTION commending Connie Bowlin for her induction into the Georgia Aviation Hall of Fame; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, January 26, 2009, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 26, 2009.

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Representative Hall, Atlanta, Georgia

Monday, January 26, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden
E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter
E Butler Byrd Carter, A Carter, B Casas Chambers Cheokas Coan
E Coleman Collins, D Collins, T Cooper

Cox Crawford Davis, H Davis, S Dawkins-Haigler Day Dempsey Dickson E Dollar Dooley Drenner E Dukes Ehrhart England Epps, C Epps, J Everson Fludd Franklin Frazier Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Harbin Harden, B Harden, M

Hatfield Heard E Hembree E Henson Hill, C Holt Horne E Houston Howard Hugley Jackson Jacobs James Jerguson E Johnson, C Jones, J Jones, S Jordan Kaiser Keen Keown Knight E Lane, B Lane, R Levitas Lindsey Long Loudermilk E Lunsford Maddox, B Maddox, G Mangham

Manning Martin Maxwell May Mayo McCall McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, J Pruett Ralston Ramsey Randall E Reece Reese Rice Roberts

Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, C Smith, B Smith, L Smith, R E Smith, T Smith, V Stephens, M Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Weldon 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 Burns of the 157th, Channell of the 116th, Cole of the 125th, Dobbs of the 53rd, Floyd of the 99th, Heckstall of the 62nd, Hill of the 180th, Hudson of the 124th, Johnson of the 37th, Marin of the 96th, Parham of the 141st, Powell of the 29th, Shipp of the 58th, Sinkfield of the 60th, Walker of the 107th, and Wix of the 33rd.

They wish to be recorded as present.

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Prayer was offered by Reverend Dellise Cox, Beulah Missionary Baptist Church, Cairo, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 122. By Representatives Lindsey of the 54th, Ramsey of the 72nd and Jacobs of the 80th:
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 relative to counties and municipalities, so as to define certain terms; to provide that each local government having an annual budget in excess of $1 million shall develop and operate a single searchable website accessible by the public; to provide for certain information required to be posted on such website; to provide for exceptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 123. By Representatives Ramsey of the 72nd, Bearden of the 68th, Williams of the 178th, Levitas of the 82nd, Peake of the 137th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to child molestation; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary Non-Civil.
HB 124. By Representatives Day of the 163rd, Talton of the 145th, Frazier of the 123rd, Horne of the 71st and Neal of the 1st:
A BILL to be entitled an Act to amend Code Section 35-5-5 of the O.C.G.A., relating to the GPSTC, so as to make the center and regional police academies available for certain public safety training; to amend Code Section 36-20-4 of the O.C.G.A., relating to the training of elected members of county governing authorities, so as to require newly elected members of a county governing authority to satisfactorily complete a comprehensive public safety training course to better prepare officials for responding to a state of public emergency; to amend Code Section 36-45-4 of the O.C.G.A., relating to the training of elected members of municipal governing authorities, so as to require newly elected members of a municipal governing authority to satisfactorily complete a comprehensive public safety training course to better prepare officials for responding to a state of public emergency; to provide for contingencies; to provide an 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.
HB 125. By Representative Lindsey of the 54th:
A BILL to be entitled an Act to amend Chapter 33 of Title 36 of the Official Code of Georgia Annotated, relating to liability of municipal corporations for acts or omissions, so as to change provisions relative to ante litem notice; to change the period of time for presentation of written notice of claims involving damage to real property; to provide for a penalty where a claimant recovers in court an amount exceeding that offered in settlement in the case of damage to real property; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 126. By Representatives Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act to amend Title 10 of the O.C.G.A., relating to commerce and trade, so as to enact the Uniform Electronic Transactions Act; to provide for automated transactions; to provide for transferable records; to provide for acceptance and distribution of electronic records by governmental agencies; to provide for exclusions; to provide for applicability; to provide

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for relief from the unauthorized use of electronic signatures; to amend Titles 14, 15, 31, 33, 43, 44, and 50 of the Official Code of Georgia Annotated, relating to corporations, courts, health, insurance, professions and businesses, property, and state government, respectively, so as to correct crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 127. By Representatives Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act to amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to adopt the Uniform Real Property Electronic Recording Act; to provide for definitions; to provide for the validity of electronic documents; to provide for the recording of certain documents; to provide for the adoption of rules, regulations, and standardized forms; to provide for uniformity of application and construction; to provide for the relation of this Act to the federal Electronic Signatures in Global and National Commerce Act; 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 128. 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 for an exemption from occupation taxes, administrative fees, and regulatory fees shall be valid for a period of ten years; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 129. By Representatives Lindsey of the 54th, Kaiser of the 59th and Ashe of the 56th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property to, or used in the renovation or expansion of, a zoological institution; to provide for a definition; to provide

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for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 130. By Representatives Carter of the 159th, Levitas of the 82nd, Lindsey of the 54th, Dickson of the 6th, Peake of the 137th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of district attorneys, solicitorsgeneral, sheriffs, tax commissioners, tax receivers, tax collectors, clerks of superior court, and county commissioners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 131. By Representatives Carter of the 159th, Levitas of the 82nd, Stephens of the 164th and Bryant of the 160th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of tax receivers, tax collectors, and tax commissioners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 132. By Representatives Carter of the 159th, Levitas of the 82nd, Stephens of the 164th and Bryant of the 160th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of solicitors-general; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 133. By Representatives Carter of the 159th, Levitas of the 82nd and Bryant of the 160th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so

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as to provide for the nonpartisan election of county commissioners; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 134. By Representatives Carter of the 159th, Levitas of the 82nd, Stephens of the 164th and Bryant of the 160th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of sheriffs; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 135. By Representatives Carter of the 159th, Levitas of the 82nd and Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of clerks of superior court; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 136. By Representatives Carter of the 159th, Levitas of the 82nd and Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to provide for the nonpartisan election of district attorneys; to provide for the qualifying for such offices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 137. By Representatives Bruce of the 64th, Fludd of the 66th, Beasley-Teague of the 65th, Heckstall of the 62nd, Long of the 61st and others:

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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 138. By Representatives Williams of the 4th, Jerguson of the 22nd, Willard of the 49th, Millar of the 79th and Kaiser of the 59th:
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 that in each county or municipality in which package sales of only malt beverages and wine by retailers is lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by a retailer of malt beverages and wine on Sundays from 12:30 P.M. until 11:30 P.M., if approved by referendum; 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 Regulated Industries.
HB 139. By Representatives Williams of the 4th, Mills of the 25th and Graves of the 12th:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, 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 Judiciary.

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HB 140. By Representatives Jacobs of the 80th, Willard of the 49th, Chambers of the 81st, Bearden of the 68th, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to create a state-wide "Blue Alert" system to speed the apprehension of violent criminals who kill or seriously injure local, state, or federal law enforcement officers; to provide for definitions; to provide for procedure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 141. By Representatives Mills of the 25th and Hill of the 21st:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to update definitions; to provide for penalties for failure to provide requested information by financial institutions; to include bank holding companies in the definition of financial institutions; to include credit unions in restricted nomenclature; to broaden the definition of legal lending limit; to provide for payment of dividends by Subchapter S banks; to change the amount of par value; to provide for the investigative powers of the Department of Banking and Finance; to provide for immunity from civil liability for proper disclosure of information; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 142. By Representative Everson of the 106th:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating motor vehicles and traffic, so as to increase the penalties for teenage drivers convicted of multiple violations of failure to use a seat safety belt; to provide for license suspension based on certain violations relating to teenage drivers' failure to use seat safety belts in passenger vehicles; 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.

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HB 143. By Representative O`Neal of the 146th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, and Ehrhart of the 36th:

A BILL to be entitled an Act to amend Title 36 and Title 45 of the Official Code of Georgia Annotated, relating, respectively, to local government and public officers and employees, so as to change the manner and method of appropriating funds for homeowner tax relief grants; to provide for procedures, conditions, and limitations; to change certain provisions regarding certain reservation authority for appropriations; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 10 HB 43 HB 97 HB 98 HB 99 HB 100 HB 101 HB 102 HB 103 HB 104 HB 105 HB 106 HB 107 HB 108 HB 109 HB 110 HB 111

HB 112 HB 113 HB 114 HB 115 HB 116 HB 117 HB 118 HB 119 HB 120 HB 121 HR 5 HR 10 HR 76 HR 77 HR 78 HR 92

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

Stephens of the 164th, Rice of the 51st, Franklin of the 43rd, Smith of the 113th, and Burns of the 157th.

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

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HR 100. By Representatives Amerson of the 9th, Williams of the 4th, Ralston of the 7th and Collins of the 27th:
A RESOLUTION recognizing and commending Cadet Captain Earl Porter III and inviting him to appear before the House of Representatives; and for other purposes.
HR 101. By Representatives Amerson of the 9th, Williams of the 4th, Ralston of the 7th and Collins of the 27th:
A RESOLUTION recognizing and commending Cadet Kevin H. Bernhardt and inviting him to appear before the House of Representatives; and for other purposes.
HR 102. By Representative Fludd of the 66th:
A RESOLUTION commending the Leadership Atlanta Class of 2009 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 103. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Sergeant Elijah Johnson on the occasion of his retirement; and for other purposes.
HR 104. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mrs. Zelean Pollard Quick; and for other purposes.
HR 105. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mrs. Sandra A. Beasley; and for other purposes.
HR 106. By Representative Brooks of the 63rd:
A RESOLUTION honoring and celebrating the 95th birthday of Mrs. Sallie Clark Hughes; and for other purposes.

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HR 107. By Representatives Meadows of the 5th and Graves of the 12th:
A RESOLUTION recognizing and commending Dylan Lee Coker; and for other purposes.
HR 108. By Representative Brooks of the 63rd:
A RESOLUTION recognizing and commending Reverend Fred L. Shuttlesworth; and for other purposes.
HR 109. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mrs. Berdine Dillard Dennard; and for other purposes.
HR 110. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mr. James Vaughn Paschal; and for other purposes.
HR 111. By Representative Brooks of the 63rd:
A RESOLUTION recognizing and commending Mrs. Henrietta Antoinin; and for other purposes.
HR 112. By Representatives Mangham of the 94th and Collins of the 95th:
A RESOLUTION honoring the life and memory of Mr. Abdul Razak Ibrahim Harruna; and for other purposes.
HR 113. By Representatives Mills of the 25th, Collins of the 27th and Rogers of the 26th:
A RESOLUTION recognizing and commending Ms. Kit Dunlap; and for other purposes.
HR 114. By Representative Hudson of the 124th:
A RESOLUTION honoring the life and memory of Mrs. Martha Jane Gunn Wilhoit; and for other purposes.

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HR 115. By Representative Stephens of the 164th:
A RESOLUTION declaring January 27, 2009, as Tourism Day at the state capitol and commending the tourism industry of Georgia; and for other purposes.
HR 116. By Representative Bruce of the 64th:
A RESOLUTION recognizing and commending the National Association of Securities Professionals; and for other purposes.
HR 117. By Representatives Keen of the 179th, Davis of the 122nd and Cole of the 125th:
A RESOLUTION commending Georgia Tech head football coach Paul Johnson on being named the Atlantic Coast Conference Coach of the Year; and for other purposes.
HR 118. By Representatives Keen of the 179th, Davis of the 122nd and Cole of the 125th:
A RESOLUTION commending Georgia Tech sophomore football player Mr. Jonathan Dwyer on being named the Atlantic Coast Conference Player of the Year; and for other purposes.
HR 119. By Representatives Martin of the 47th and Jones of the 46th:
A RESOLUTION recognizing and commending Milton High School girl's lacrosse team on winning their fourth consecutive State Championship; and for other purposes.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Tuesday, January 27, 2009

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 Allison Anderson Ashe Austin Baker Barnard Battles Bearden
E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B
E Casas Chambers Cheokas
E Coleman Collins, D Collins, T Cox Crawford

Davis, H Davis, S Day Dempsey Dickson Dobbs Dooley Drenner Ehrhart England Epps, C Epps, J Everson Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon E Graves Greene Hamilton Hanner Harden, B Harden, M Hatfield Heard Heckstall Hembree E Henson Hill, C

Holt Horne Houston Howard Hudson Hugley Jackson Jacobs James Jerguson Johnson, C Johnson, T Jones, J Jones, S Keen Keown Knight Knox E Lane, B Lane, R Levitas Lindsey Long Loudermilk E Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin Maxwell

May Mayo McCall McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Murphy Neal Nix O'Neal Parham Parsons Peake Porter Powell, A Powell, J Pruett Ralston Ramsey Randall Reece Reese Rice Roberts Rogers Rynders

Scott, A E Scott, M
Sellier Setzler Shaw Sheldon Shipp Sims, B Sinkfield Smith, L Smith, R Smith, T Smith, V Smyre Stephens, M Stephenson Talton Taylor Teilhet Thomas Thompson Weldon Wilkinson Willard E 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, Amerson of the 9th, Channell of the 116th, Cole of the 125th, Cooper of the 41st, Dawkins-Haigler of the 93rd, Dollar of the 45th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Harbin of the 118th, Jordan of the 77th, Kaiser of the 59th, Lucas of the 139th, Oliver of the 83rd, Parrish of the 156th, Sims of the 169th, Smith of the 113th, Stephens of the 164th, and Walker of the 107th.

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They wish to be recorded as present.
Prayer was offered by Reverend Raphel Warnock, Historic Ebenezer Baptist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 144. By Representative Beasley-Teague of the 65th:
A BILL to be entitled an Act to amend Code Section 40-8-74 of the Official Code of Georgia Annotated, relating to tires, so as to change provisions relating to the use of retreaded tires on buses and semitrailers; 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 145. By Representative Lindsey of the 54th:
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

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decree, guidelines for determining amount of child support award, and the duration of support, so as to revise a definition; to correct cross-references and clarify certain provisions of the Code section; to revise and clarify provisions relating to the low income deviation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 146. By Representatives Talton of the 145th, O`Neal of the 146th, Williams of the 89th, Manning of the 32nd and Frazier of the 123rd:
A BILL to be entitled an Act to amend Code Section 40-6-397 of the Official Code of Georgia Annotated, relating to aggressive driving, so as to define the offense of aggressive driving; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 147. By Representatives Talton of the 145th, O`Neal of the 146th, Randall of the 138th, Lucas of the 139th and Everson of the 106th:
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 certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 148. By Representatives Scott of the 153rd and Stephens of the 164th:
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.

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Referred to the Committee on Ways & Means.
HB 149. By Representatives Jones of the 46th, Hembree of the 67th, Dempsey of the 13th, Powell of the 171st and Harden of the 147th:
A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to enact the "Move on When Ready Act"; to provide for definitions; to provide a program for eleventh and twelfth grade students to attend postsecondary colleges and schools for high school credit; to provide for notice to parents and students of the program; to provide requirements for course credit; to provide for state funding; to provide for testing; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 150. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act No. 705, Ga. L. 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229, so as to change certain appropriations for the State Fiscal Year 2008-2009; 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 151. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act No. 705, Ga. L. 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229, so as to change certain appropriations for the State Fiscal Year 2008-2009; 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.

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HB 152. 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, 2009, and ending June 30, 2010; 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 153. 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, 2009, and ending June 30, 2010; 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 154. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 40-14-1 of the Official Code of Georgia Annotated, relating to definitions pertaining to use of speed detection devices, so as to clarify the definition of speed detection device; to clarify that speed detection device shall not include a speed detection monitoring device; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 155. By Representatives Mills of the 25th, Maxwell of the 17th and Talton of the 145th:

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A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry pistol or revolver and temporary renewal permit, so as to provide for a permanent license valid for the applicant's lifetime; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 156. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
HB 157. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the lottery shortfall reserve subaccounts, so as to revise the amounts in the lottery accounts that trigger reductions in HOPE scholarship program benefits; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 158. By Representatives Manning of the 32nd and Meadows of the 5th:
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 Natural Resources & Environment.

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HB 159. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to require governmental entities to verify that employees exercising the powers of arrest are certified; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 160. By Representatives Cole of the 125th, Neal of the 1st, Pruett of the 144th, Hanner of the 148th and Talton of the 145th:
A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to fees to be paid to the Department of Driver Services; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to increase the fees paid to the Department of Driver Services for reinstatement or restoration of suspended or revoked drivers' licenses; to amend Article 9 of Chapter 6 of Title 40 of the O.C.G.A., relating to speed restrictions, so as to specify that instruments charging violations of speed regulations shall state whether the violation occurred on a two-lane road or highway; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 161. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th:
A BILL to be entitled an Act to amend Code Section 20-2-316 of the Official Code of Georgia Annotated, relating to the involvement of athletic associations in high school athletics, so as to provide that no public high school which receives funds under the Quality Basic Education Act shall participate in or sponsor interscholastic competition administered by a high school association unless the high school association meets certain criteria related to the average distance required for travel to region athletic competitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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HB 162. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE grant at a branch of the Technical College System of Georgia, so as to provide that students at Georgia Military College shall be eligible for HOPE grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 163. By Representatives Harbin of the 118th, Sims of the 119th and Anderson of the 117th:
A BILL to be entitled an Act to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecutions, so as to provide that prosecutions may commence at any time for the offenses of cruelty to children, rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, enticing a child for indecent purposes, and incest when the victim is younger than 16 years of age at the time of the commission of the crime; 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 164. By Representative Butler of the 18th:
A BILL to be entitled an Act to provide a new charter for the City of Bremen; to provide for incorporation, boundaries, and powers of the city within the counties of Haralson and Carroll; 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 other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 165. By Representatives Keown of the 173rd, Benton of the 31st and Dickson of the 6th:

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A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide for creditable service for service in a private school in a state other than 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.

HB 166. By Representative Barnard of the 166th:

A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to define certain terms; to provide that certain veterans organizations may sell certain pull tab games of chance; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Public Safety and Homeland Security.

HB 167. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd:

A BILL to be entitled an Act to amend an Act to create the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), so as to provide an additional judge for such court; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

HR 120. By Representatives Benfield of the 85th, Buckner of the 130th, Gardner of the 57th, Morgan of the 39th, Drenner of the 86th and others:

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

Referred to the Committee on Health & Human Services.

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

HB 122 HB 123 HB 124

HB 133 HB 134 HB 135

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HB 125 HB 126 HB 127 HB 128 HB 129 HB 130 HB 131 HB 132

HB 136 HB 137 HB 138 HB 139 HB 140 HB 141 HB 142 HB 143

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

Stephens of the 164th and Glanton of the 76th.

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

HR 122. By Representatives McCall of the 30th, England of the 108th, Roberts of the 154th, Black of the 174th, Sellier of the 136th and others:

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

HR 123. By Representatives McCall of the 30th, England of the 108th, Anderson of the 117th, Maddox of the 127th and Benton of the 31st:

A RESOLUTION commending Mr. William Donald Childs on 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 124. By Representatives Benfield of the 85th, Neal of the 1st, Drenner of the 86th, Gardner of the 57th and Morgan of the 39th:

A RESOLUTION declaring March 2, 2009, as Methadone Treatment Awareness Day at the state capitol; and for other purposes.

HR 125. By Representative Holt of the 112th:

A RESOLUTION recognizing and commending Morgan County Middle School for being designated as a Georgia Lighthouse School to Watch in 2009; and for other purposes.

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HR 126. By Representative Holt of the 112th:
A RESOLUTION recognizing and commending the City of Madison on its bicentennial; and for other purposes.
HR 127. By Representatives Cooper of the 41st, Dempsey of the 13th, Smith of the 131st, Maxwell of the 17th, Smith of the 70th and others:
A RESOLUTION recognizing and commending the Partnership for Health and Accountability (PHA); and for other purposes.
HR 128. By Representative Cheokas of the 134th:
A RESOLUTION recognizing and commending the Honorable James R. "Bump" Welch for his dedicated years to public service; and for other purposes.
HR 129. By Representative Cheokas of the 134th:
A RESOLUTION commending Mrs. Judy Smith; and for other purposes.
HR 130. By Representative Epps of the 128th:
A RESOLUTION honoring and celebrating the 85th birthday of Lucille Argroves; and for other purposes.
HR 131. By Representatives Everson of the 106th and Casas of the 103rd:
A RESOLUTION recognizing and commending Mrs. Sharon Lowery on the occasion of her retirement; and for other purposes.
HR 132. By Representative Beasley-Teague of the 65th:
A RESOLUTION honoring the life and memory of Mrs. Irene Juanita Parson Smith; and for other purposes.
HR 133. By Representative Beasley-Teague of the 65th:
A RESOLUTION honoring the life and memory of Mrs. Geraldine "Gerri" Davis Williams; and for other purposes.

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HR 134. By Representative Beasley-Teague of the 65th:
A RESOLUTION honoring the life and memory of Mrs. Regina Guice Greenhouse; and for other purposes.
The following Resolution of the House was read and adopted:
HR 121. 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.
Representative Morris of the 155th District, Chairman of the Committee on Code Revision, submitted the following report:
Mr. Speaker:
Your Committee on Code Revision has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 117 Do Pass
Respectfully submitted, /s/ Morris of the 155th
Chairman
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, January 28, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B E Casas Chambers Channell Cheokas Coan E Coleman Collins, D Collins, T

Cooper Cox Crawford Davis, H Davis, S Dawkins-Haigler Dempsey Dickson Dobbs Dooley Drenner Dukes Ehrhart England Epps, C Epps, J Everson Franklin Frazier Fullerton Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Heard

Heckstall Hembree E Henson Hill, C Hill, C.A Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lucas E Lunsford Maddox, B Maddox, G

Mangham Manning Martin Maxwell May Mayo McCall McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, A Powell, J Pruett Ralston Ramsey Randall Reece Reese

Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sims, B Sims, C Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V Stephens, M Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Walker Weldon Wilkinson E Willard Williams, A Williams, E Williams, R Richardson, Speaker

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

Representatives Cole of the 125th, Day of the 163rd, Floyd of the 99th, Fludd of the 66th, Hatfield of the 177th, Hudson of the 124th, Johnson of the 75th, Marin of the 96th, Shipp of the 58th, Smyre of the 132nd, Williams of the 178th, Wix of the 33rd, and Yates of the 73rd.

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They wish to be recorded as present.
Prayer was offered by Pastor Wymann Richardson, First Baptist Church of Dawson, Dawson, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 25. By Representatives Scott of the 2nd, Jerguson of the 22nd and Williams of the 4th:
A BILL to be entitled an Act to amend Code Section 48-8-49 of the Official Code of Georgia Annotated, relating to dealers' sales and use tax returns, so as to change certain provisions regarding estimated tax liability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 26. By Representatives Scott of the 2nd and Lindsey of the 54th:
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

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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.
HB 31. By Representatives Loudermilk of the 14th, Collins of the 27th, Hatfield of the 177th, Franklin of the 43rd, Davis of the 109th 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 Judiciary Non-Civil.
HB 168. By Representatives Cox of the 102nd, Martin of the 47th, Reese of the 98th, Parsons of the 42nd and May of the 111th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to modernize telecommunications competition by eliminating artificial and outdated subsidy mechanisms in the form of contributions to the Universal Access Fund; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

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HB 170. By Representatives Lane of the 167th and Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or water bottoms, so as to change the amount of annual rental fees from fair market value to a fixed rate; to provide for annual fee adjustments; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 171. By Representative Manning of the 32nd:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions to requirements for disclosure of public records, so as to provide that public disclosure shall not be required for certain personal contact information of individuals obtained by a local government; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 172. By Representatives Maxwell of the 17th, Benton of the 31st, Meadows of the 5th and Maddox of the 172nd:
A BILL to be entitled an Act to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to reexamination of persons receiving disability benefits under the Employees' Retirement System of Georgia, effect of refusal to undergo examination, and effect of ability to engage in gainful employment, so as to delete provisions providing for physical examinations done at a place convenient to the beneficiary; to provide that a beneficiary who has not reached the age of 60 shall submit to an examination; to provide that the amount earnable by certain disabled members shall include certain payments that the beneficiary receives from workers' compensation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 173. By Representatives Levitas of the 82nd, Coan of the 101st, Smith of the 131st, Parrish of the 156th, Bearden of the 68th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal or void contracts generally, so as to repeal Code Section 13-8-2.1, relating to contracts in partial restraint of

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trade; to provide a statement of legislative findings; to define certain terms; to provide for applicability; to provide for the enforcement of contracts that restrict or prohibit competition in certain commercial agreements; to provide for the judicial enforcement of such provisions; to provide for the modification of such provisions; to provide for rebuttable presumptions; to provide for related matters; to provide for a contingent effective date, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 174. By Representatives Powell of the 29th, Rice of the 51st, Bearden of the 68th and Benton of the 31st:
A BILL to be entitled an Act to amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles generally, so as to define certain terms; to provide for possessory liens on abandoned or derelict vehicles and their contents; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 175. By Representatives Ashe of the 56th, Abrams of the 84th, Thomas of the 100th, Hugley of the 133rd, Fludd of the 66th 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 repeal Chapter 2A, relating student scholarship organizations; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal Code Section 48-7-29.16, relating to the qualified education tax credit; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 176. By Representatives Geisinger of the 48th, Jones of the 46th, Willard of the 49th and Martin of the 47th:
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.

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HB 177. By Representatives Williams of the 178th, Ramsey of the 72nd, Smith of the 168th, Meadows of the 5th, England of the 108th and others:
A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 and Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to secondary metals recyclers and penalties for certain theft crimes, respectively, so as to change provisions relating to transaction records; to provide for transmission of transaction records to the applicable sheriff's department; to regulate payments to persons selling copper items to secondary metals recyclers; to change provisions relating to the superseding nature of the article; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 178. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act providing 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 179. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act providing 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.

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HB 180. 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 change certain provisions relating to tattooing; to provide for tattooing near the eye under certain circumstances; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 181. By Representatives Austin of the 10th, Roberts of the 154th, Powell of the 171st, Harden of the 28th, Kaiser of the 59th and others:
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 182. By Representatives Austin of the 10th, Scott of the 2nd, Jerguson of the 22nd, Williams of the 178th, Horne of the 71st 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 preemption of local regulation and lawsuits, so as to provide that no county or municipality shall impose any limitation or prohibition on the discharge of firearms that is applicable to tracts of property of five or more acres located within such 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 Judiciary Non-Civil.
HB 183. By Representatives Geisinger of the 48th, Cooper of the 41st, Willard of the 49th, Porter of the 143rd, Oliver of the 83rd 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 definitions; to provide for the imposition and collection of a fee on all telephone and wireless service subscribers and on sales of disposable wireless telecommunications devices and recharge

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credits for the funding of new trauma center development, equipment for existing trauma centers, and 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 legislative oversight; 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 Ways & Means.
HB 184. By Representatives Frazier of the 123rd, Williams of the 89th, Amerson of the 9th, Nix of the 69th, Brooks of the 63rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, so as to provide for the public dissemination of information relating to sickle cell disease; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 185. By Representatives Willard of the 49th, Ralston of the 7th, Golick of the 34th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers, so as to revise the courts to which a challenge of a quarantine or vaccination order may be brought; to revise the manner of appealing orders concerning such challenges; to remove the Chief Judge of the Court of Appeals from the definition of authorized judicial officials; 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 Public Safety and Homeland Security.
HB 186. By Representatives Martin of the 47th, Drenner of the 86th and Cox of the 102nd:
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

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requirements; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 187. By Representatives Davis of the 109th, Holt of the 112th, Everson of the 106th, Reese of the 98th and Horne of the 71st:
A BILL to be entitled an Act to provide for a short title; to amend Chapter 2 of Title 12 of the O.C.G.A., relating to the Department of Natural Resources, so as to remove the permitting powers of the Environmental Protection Division; to amend Title 32 of the O.C.G.A., relating to highways, bridges, and ferries, so as to revise the membership on the State Transportation Board; to amend Article 9 of Chapter 9 of Title 46 of the O.C.G.A., relating to the Georgia Rail Passenger Authority, so as to abolish the Georgia Rail Passenger Authority; to amend Chapter 32 of Title 50 of the O.C.G.A., relating to the Georgia Regional Transportation Authority, so as to abolish the Georgia Regional Transportation Authority; to amend Chapter 2 of Title 52, relating to the Georgia Ports Authority, so as to abolish the Georgia Ports Authority; 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 188. By Representative Scott of the 153rd:
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 prepaid state and local cigarette taxes; to change certain provisions regarding definitions; to change certain provisions regarding exemptions with respect to sales and use taxes on cigarettes; to change certain provisions regarding dealers' sales and use tax returns; to provide for procedures, conditions, and limitations; to change certain provisions regarding penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th:
A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options;

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to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 135. By Representatives Loudermilk of the 14th, Dempsey of the 13th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION urging the Capitol Arts Standards Commission to authorize the placement of a portrait in the state capitol honoring Admiral John Henry Towers; and for other purposes.
Referred to the Committee on Special Rules.
HR 136. By Representatives Bryant of the 160th, Stephens of the 161st, Gordon of the 162nd and Stephens of the 164th:
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 137. By Representative Holt of the 112th:
A RESOLUTION urging the United States Congress to send to the legislatures of the several states a proposed amendment to the Constitution of the United States to provide that the Sixteenth Amendment to the Constitution of the United States be repealed; to provide support for the enactment of a national sales tax; and for other purposes.
Referred to the Committee on Ways & Means.
HR 138. By Representatives Buckner of the 130th, Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Randall of the 138th and others:

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A RESOLUTION proposing an amendment to the Constitution so as to provide that the Governor shall convene the General Assembly whenever actual revenues decline by 3 percent or more relative to the revenue estimate on which appropriations for that fiscal year are based and one-half of the members to which each house is entitled submit a written request for such special session to the Governor; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Appropriations.

HR 139. By Representatives Geisinger of the 48th, Cooper of the 41st, Willard of the 49th, Porter of the 143rd, Oliver of the 83rd 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 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 trauma services by 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 Ways & Means.

HR 140. By Representatives Davis of the 109th, Holt of the 112th, Everson of the 106th, Reese of the 98th and Horne of the 71st:

A RESOLUTION proposing an amendment to the Constitution so as to abolish the State Transportation Board; 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 Resolution of the House were read the second time:

HB 144 HB 145 HB 146 HB 147 HB 148 HB 149

HB 157 HB 158 HB 159 HB 160 HB 161 HB 162

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HB 150 HB 151 HB 152 HB 153 HB 154 HB 155 HB 156

HB 163 HB 164 HB 165 HB 166 HB 167 HR 120

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 121. 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.

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

Butler of the 18th, Davis of the 109th, Collins of the 27th, and Wilkinson of the 52nd.

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

HR 141. By Representative Butler of the 18th:

A RESOLUTION recognizing and commending the University of West Georgia Coed Cheerleading Team and inviting them to appear before the House of Representatives; and for other purposes.

HR 142. By Representatives Reese of the 98th and Mills of the 25th:

A RESOLUTION recognizing the Buford High School Lady Wolves softball team on their second straight AA State Championship title and inviting the team and coaches to appear before the House of Representatives; and for other purposes.

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HR 143. By Representatives Reese of the 98th and Mills of the 25th:
A RESOLUTION congratulating the Buford High School football team on winning the 2008 Class AA State Championship and inviting them to appear before the House of Representatives; and for other purposes.
HR 144. By Representatives Holt of the 112th and Smith of the 113th:
A RESOLUTION commending Dr. Mark Wilson on being named 2009 National Principal of the Year 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 145. By Representatives Neal of the 1st, Dickson of the 6th, Weldon of the 3rd and Scott of the 2nd:
A RESOLUTION recognizing and commending Evan Tyler McBee; and for other purposes.
HR 146. By Representatives Benton of the 31st and England of the 108th:
A RESOLUTION commending and recognizing the Hoschton Fall Festival Committee and the citizens of Hoschton, Georgia, for setting a world record for the Most Scarecrows in One Location; and for other purposes.
HR 147. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Hannah Ward on her selection by the Georgia Art Education Association for LaFayette High School 12th grade; and for other purposes.
HR 148. By Representatives Neal of the 1st, Dickson of the 6th, Weldon of the 3rd and Scott of the 2nd:
A RESOLUTION recognizing and commending Eric Anthony Justus; and for other purposes.
HR 149. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Sarah Hornik on her selection by the Georgia Art Association for Gilbert Elementary School fifth grade; and for other purposes.

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HR 150. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Kristie Jones on her selection by the Georgia Art Association for Gilbert Elementary School fourth grade; and for other purposes.
HR 151. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Breianna Asher on her selection by the Georgia Art Association for LaFayette High School 11th grade; and for other purposes.
HR 152. By Representatives Smith of the 129th and Buckner of the 130th:
A RESOLUTION honoring the life of Mrs. Margie Arrant Palmer and expressing sorrow upon her passing; and for other purposes.
HR 153. By Representatives Smith of the 129th and Buckner of the 130th:
A RESOLUTION honoring the life of Mrs. Winnifred Pierce Boyd and expressing sorrow upon her passing; and for other purposes.
HR 154. By Representatives Smith of the 129th and Buckner of the 130th:
A RESOLUTION honoring the life of Mrs. Eula Mae Nelson and expressing sorrow upon her passing; and for other purposes.
HR 155. By Representatives Smith of the 129th and Buckner of the 130th:
A RESOLUTION honoring the life of Mrs. Leila Daniel Holloway and expressing sorrow upon her passing; and for other purposes.
HR 156. By Representatives Smith of the 129th, Sheldon of the 105th, Loudermilk of the 14th, Rogers of the 26th, Hamilton of the 23rd and others:
A RESOLUTION commending Edwin Howard (Buddy) Gratton, Jr., on the retirement from the Department of Transportation; and for other purposes.
HR 157. By Representatives Wilkinson of the 52nd, Porter of the 143rd and Buckner of the 130th:
A RESOLUTION honoring the life and memory of Mr. James Cornelius Matthews; and for other purposes.

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HR 158. By Representatives Maxwell of the 17th and Richardson of the 19th:
A RESOLUTION commending the Paulding County High School JROTC Raiders Recon Team; and for other purposes.
HR 159. By Representatives Day of the 163rd, Martin of the 47th, Neal of the 1st, Talton of the 145th, Jackson of the 142nd and others:
A RESOLUTION honoring and commending the firefighters of Georgia and observing the 37th annual Firefighters' Recognition Day; and for other purposes.
HR 160. By Representatives Hamilton of the 23rd, Amerson of the 9th, Knox of the 24th, Ehrhart of the 36th, Collins of the 27th and others:
A RESOLUTION recognizing and commending Ethan Brent Norton; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on Public Safety and Homeland Security:
HB 160. By Representatives Cole of the 125th, Neal of the 1st, Pruett of the 144th, Hanner of the 148th and Talton of the 145th:
A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to fees to be paid to the Department of Driver Services; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to increase the fees paid to the Department of Driver Services for reinstatement or restoration of suspended or revoked drivers' licenses; to amend Article 9 of Chapter 6 of Title 40 of the O.C.G.A., relating to speed restrictions, so as to specify that instruments charging violations of speed regulations shall state whether the violation occurred on a two-lane road or highway; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Representative Mills of the 25th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:

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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 141 Do Pass, by Substitute

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

Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 143 Do Pass, by Substitute

HR 1

Do Pass, by Substitute

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

The following communication was received:

Speaker's Order No. 09-1

Pursuant to the provisions of Rule 11 and 12 of the Rules, Ethics, and Decorum of the House of Representatives, the following appointments and re-appointments are approved and ordered:

1) The appointment of Representative Alisha Thomas Morgan to the Health and Human Services Committee.
2) The appointment of Representative Dee Dawkins-Haigler to the Banks and Banking Committee.
3) The removal of Representative Dee Dawkins-Haigler from the Transportation Committee.

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It is further ORDERED that the Committee on Assignments is hereby empowered to review and revise its initial report on assignments of 2009-2010 House Committees, offices, and members dated January 14, 2009.
So ORDER, by my hand, this 28th day of January, 2009, at 1:30 p.m.
/s/ Glenn Richardson Glenn Richardson, Speaker
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, January 29, 2009

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 Allison Amerson Anderson E Ashe Austin Baker Barnard Battles Bearden E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Carter, A Carter, B Casas Chambers Channell Cheokas Coan E Coleman Collins, D Collins, T

Cooper Cox Crawford Davis, S Dawkins-Haigler Day Dempsey Dickson Dobbs Dollar Dooley E Drenner Dukes Ehrhart England Epps, C Epps, J Everson Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M

E Hatfield Heard Heckstall Hembree
E Henson Hill, C Hill, C.A Holt Horne Houston Howard
E Hudson Jackson Jacobs James Jerguson Johnson, T Jones, S Jordan Kaiser Keown Knight Lane, B Lane, R Levitas Lindsey Loudermilk
E Lunsford Maddox, B Maddox, G Mangham

E Manning Marin Martin
E Maxwell May Mayo McCall McKillip Meadows Mills Mitchell
E Morgan Morris Mosby Murphy Nix O'Neal Parham Parrish Parsons Peake Powell, A Powell, J Pruett Ralston Ramsey Randall Reese Rice Roberts Rogers

Rynders Scott, A Scott, M Sellier Setzler Shaw Shipp Sims, B Sims, C Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V Stephens, M Stephens, R E Stephenson Talton Taylor Teilhet Thomas Thompson Weldon Wilkinson E Willard Williams, A Williams, E Williams, R Yates Richardson, Speaker

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

Representatives Byrd of the 20th, Cole of the 125th, Davis of the 122nd, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Harbin of the 118th, Hugley of the 133rd, Johnson of the 75th, Keen of the 179th, Knox of the 24th, Lucas of the 139th, Millar of the 79th, Oliver of the 83rd, Porter of the 143rd, Reece of the 11th, Smyre of the 132nd, Walker of the 107th, Williams of the 178th, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Reverend Jack B. Gillespie, Oak Hill United Methodist Church, Adairsville, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 190. By Representatives Benton of the 31st and Meadows of the 5th:
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 clarify provisions relative to a death benefit for certain members of such retirement system; to provide for the authority to increase liability contribution rates for certain members; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 191. By Representatives Benton of the 31st, Meadows of the 5th and Maxwell of the 17th:

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A BILL to be entitled an Act to amend Code Section 47-2-353 of the Official Code of Georgia Annotated, relating to the calculation of a service retirement allowance for members subject to the provisions of the "Georgia State Employees' Pension and Savings Plan," so as to provide that computation of a retirement benefit for certain members shall not include a compensation increase in the last 12 months of employment which exceeds 10 percent; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 192. By Representatives Millar of the 79th, Harbin of the 118th, Stephens of the 164th, Roberts of the 154th, Houston of the 170th 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 that the proceeds from the state ad valorem tax are deposited into the Georgia Trauma Trust Fund for trauma care; 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 193. By Representatives Graves of the 12th, Casas of the 103rd, Maxwell of the 17th, May of the 111th, Benton of the 31st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 194. By Representatives Millar of the 79th, Cooper of the 41st, Rice of the 51st, Hugley of the 133rd and Teilhet of the 40th:
A BILL to be entitled an Act to amend Code Section 26-4-81 of the Official Code of Georgia Annotated, relating to substitution of generic drugs for

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brand name drugs, so as to provide that when a substitution is made certain information relative to the substitution must appear on the prescription label and be affixed to the container or an auxiliary label; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 195. By Representatives Williams of the 178th, Ramsey of the 72nd, Levitas of the 82nd, Maddox of the 127th, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide that members of an electric membership corporation shall be qualified to serve as a juror or grand juror in cases in which the electric membership corporation is a party or is interested; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 196. By Representatives Anderson of the 117th, Harbin of the 118th, Yates of the 73rd, Stephens of the 164th, Keen of the 179th and others:
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 provide for a short title; to provide for legislative intent; to require the Department of Veterans Service to report the percentage of service-disabled veteran business enterprises using the statewide contracts register; to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation exercising its power to contract, so as to provide for a selection preference in department contracting for certified service-disabled veteran business enterprises; to provide for related matters; to repeal conflicting laws; to provide for an effective date.
Referred to the Committee on Economic Development & Tourism.
HB 197. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to require that consumer reporting agencies automatically provide a consumer the identical report provided to any person

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who makes an inquiry concerning the consumer's file with such agency; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 198. By Representatives Williams of the 178th, Roberts of the 154th, Jones of the 46th, Ramsey of the 72nd, Peake of the 137th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a full-day kindergarten program for a minimum of 810 hours per school year; to require a minimum number of hours of education annually to students based on grade level; to revise certain provisions relating to the base pay of school food and nutrition personnel for purposes of conformity; to require that the residential high school program for gifted youth is operated a minimum number of hours annually; to revise the definition of "school year" relating to teacher contracts for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 199. By Representatives Jerguson of the 22nd, Hatfield of the 177th, Levitas of the 82nd and Ramsey of the 72nd:
A BILL to be entitled an Act to amend Code Section 17-4-40 of the Official Code of Georgia Annotated, relating to persons who may issue warrants for arrest of offenders against penal laws and warrants requested by others and persons who may issue warrants for the arrest of law enforcement or peace officers or school teachers or administrators, so as to provide judicial discretion for the scheduling of a hearing for consideration of a warrant application made by a person other than a peace officer or law enforcement officer; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 200. By Representatives Geisinger of the 48th, Reese of the 98th and Hill of the 21st:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption

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systems, so as to provide that the failure to use safety belts may be evidence of causation, negligence, and contributory negligence; 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 201. By Representatives Geisinger of the 48th, Hill of the 21st and Reese of the 98th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to provide that the failure to use safety belts may be evidence of causation, negligence, and contributory negligence; to provide that all new school buses purchased or leased on and after July 1, 2009, shall be equipped with passenger safety belts; to provide that safety belts shall be used on all school buses so equipped on and after July 1, 2009; 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 202. By Representatives Maxwell of the 17th, Meadows of the 5th, Golick of the 34th and Benton of the 31st:
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 define certain terms; to provide for a maximum compensation to be used for computing contributions and benefits; to remove a requirement that an application for certain creditable service be made within a certain period; to provide for the payment of benefits; to provide for rollover of certain funds; to provide for a limit on benefits; to provide for application of service credits; to provide for the holding of pension funds in trust; to provide for a normal retirement age; to provide for vesting; to ratify certain prior changes to public retirement plans; to provide for related changes in public retirement law to comply with federal law and regulations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 203. By Representatives Jacobs of the 80th, Chambers of the 81st, Millar of the 79th and Levitas of the 82nd:

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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 an express exception to the prohibition against requiring development authorities to be subject to certain referendums; to clarify certain terms; to clarify and give effect to the legislative intent regarding House Bill No. 181, approved May 24, 2007 (Ga. L. 2007, p. 421); to clarify the application of the referendum requirement for the issuance of bonds by certain authorities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 204. By Representatives Sims of the 169th, Shaw of the 176th, Roberts of the 154th, McCall of the 30th, Hatfield of the 177th and others:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding sales and use taxation, so as to change certain provisions regarding applicability of sales and use tax to motor fuel sales; to provide for an exemption from state sales and use tax on the sale or use of diesel fuel used to propel locomotives; 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 205. By Representative Smith of the 113th:
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 procedures relating to state purchasing, so as to revise certain provisions relating to goods and services to be obtained from correctional industries when certified as available; to provide for marketization of ancillary services performed by certain government entities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 206. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to establish the "Georgia Agency Accountability Act"; to provide for a short title; to provide for legislative intent; to require

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each state agency to review and evaluate statutory provisions applicable to a state agency and the associated costs; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 207. By Representatives Sims of the 169th, Williams of the 178th, Smith of the 168th, Hatfield of the 177th, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, so as to change certain provisions relating to operating restrictions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 208. By Representatives Morgan of the 39th, Ehrhart of the 36th, Mayo of the 91st and Carter of the 175th:
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 for a bilingual certification on high school diplomas; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 209. By Representatives Morgan of the 39th, Hembree of the 67th, Abdul-Salaam of the 74th, Taylor of the 55th, Mangham of the 94th and others:
A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation of identification to poll workers, so as to provide that an elector may present a valid student identification card issued by a public or private college or university in this state as proof of identity in order to vote; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 210. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:

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A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to clarify who shall pay the employer contributions for certain members; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 211. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:
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 venue in any action brought against the boards of trustees of the Employees' Retirement System of Georgia, the Public School Employees Retirement System, the Georgia Legislative Retirement System, the Georgia Defined Contribution Plan, the Georgia Judicial Retirement System, and the Georgia Military Pension Fund shall lie in the Superior Court of Fulton County; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 212. By Representatives Burkhalter of the 50th, Keen of the 179th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to continue for a limited period of time the partial exemption from the state sales and use tax on certain sales or uses of jet fuel; to continue for a limited period of time the exemption from a certain local sales and use tax on certain sales or uses of jet fuel; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 213. By Representatives Davis of the 109th, Hatfield of the 177th and Walker of the 107th:
A BILL to be entitled an Act to amend Code Section 16-15-4 of the Official Code of Georgia Annotated, relating to prohibiting criminal street gang activity, so as to increase penalties where a violation of the criminal street gang activity law occurs within a school safety zone; to provide for related

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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 214. By Representatives Davis of the 109th, Ralston of the 7th and Walker of the 107th:
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 shorten the time frame for filing a writ in felony and death penalty cases; to change certain provisions relating to grounds for writ and waiver of objection to jury composition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 215. By Representatives Davis of the 109th, Mayo of the 91st, Casas of the 103rd, Neal of the 1st, Sellier of the 136th 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 Education Act," so as to enact the "Graduating Everyone Matters Act"; to establish three diploma options for high school students; to provide for course requirements for each diploma option; to provide for applicability; to provide for statutory construction; to revise provisions relating to testing requirements for graduation purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 216. By Representatives Harden of the 147th, Roberts of the 154th, Pruett of the 144th and James of the 135th:
A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change certain terms of court in the Cordele Judicial Circuit; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 217. By Representatives Pruett of the 144th, Channell of the 116th, Carter of the 159th, Cooper of the 41st, Stephens of the 164th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the use of influenza vaccine orders for a group of patients; to provide for influenza vaccine protocol agreements between physicians and pharmacists or nurses; to provide for definitions; to provide requirements for the content of influenza vaccine protocol agreements; to provide that a party to an influenza vaccine protocol agreement shall not delegate his or her authority; to provide for statutory construction; to provide for rules and regulations; to provide for limited liability; to provide for applicability; 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.

HR 7.

By Representatives Dukes of the 150th, Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Abrams of the 84th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly shall have the duty to appropriate funds each year to provide homeowner tax relief grants with a benefit equivalent to a homestead exemption of not less than $8,000.00 and not more than $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; to provide for submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

HR 161. By Representatives Hugley of the 133rd, Epps of the 128th, Benfield of the 85th, Brooks of the 63rd, Millar of the 79th and others:

A RESOLUTION compensating Mr. John Jerome White; and for other purposes.

Referred to the Committee on Appropriations.

HR 162. By Representatives Millar of the 79th, Harbin of the 118th, Stephens of the 164th, Roberts of the 154th, Houston of the 170th and others:

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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 trauma care; 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 163. By Representative Lane of the 167th:
A RESOLUTION honoring the life of Edward A. Logan and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 164. By Representatives Franklin of the 43rd, Chambers of the 81st, Jacobs of the 80th and Scott of the 2nd:
A RESOLUTION amending the Rules of the House of Representatives so as to provide for the Pledge of Allegiance to the Georgia Flag; and for other purposes.
Referred to the Committee on Rules.
HR 165. By Representatives Smith of the 113th, Rogers of the 26th, Amerson of the 9th, Hembree of the 67th, Cheokas of the 134th and others:
A RESOLUTION requesting four-year colleges and universities of the University System of Georgia to help make Georgia the # 1 DESTINATION FOR ENTREPRENEURS in the United States of America by developing, and expanding, education for the support of science, innovation, technology, energy, and new Georgia entrepreneurs; and for other purposes.
Referred to the Committee on Higher Education.
HR 166. By Representatives Smith of the 113th, Amerson of the 9th, Hembree of the 67th and Cheokas of the 134th:
A RESOLUTION creating the Joint SITE TO GROW GEORGIA, Alternative Financing, and Entrepreneurship Study Committee; and for other purposes.
Referred to the Committee on Economic Development & Tourism.

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

HB 25 HB 26 HB 31 HB 168 HB 169 HB 170 HB 171 HB 172 HB 173 HB 174 HB 175 HB 176 HB 177 HB 178 HB 179 HB 180

HB 181 HB 182 HB 183 HB 184 HB 185 HB 186 HB 187 HB 188 HB 189 HR 135 HR 136 HR 137 HR 138 HR 139 HR 140

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

HOUSE RULES CALENDAR THURSDAY, JANUARY 29, 2009

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

None

Modified Open Rule

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None

Modified Structured Rule

HB 117

House and Senate; certain committees; amend Official Code of Georgia Annotated references (CR-Keen-179th)

Structured Rule

None

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

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

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

Hamilton of the 23rd, Williams of the 89th, McCall of the 30th, Nix of the 69th, Hugley of the 133rd, and Dukes of the 150th.

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

HR 141. By Representative Butler of the 18th:

A RESOLUTION recognizing and commending the University of West Georgia Coed Cheerleading Team and inviting them to appear before the House of Representatives; and for other purposes.

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

HB 117. By Representatives Keen of the 179th, Burkhalter of the 50th, Morris of the 155th, Porter of the 143rd and Hugley of the 133rd:

A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by

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181

resolution by the Georgia Senate and the Georgia House of Representatives, respectively; to provide for editorial revision; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson E Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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
Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B
Harden, M E Hatfield Y Heard

Y Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A Y Holt
Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G
Mangham

E Manning Y Marin Y Martin E Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal
Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 148, nays 0.

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L
Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson
Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

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Representatives Harden of the 28th, May of the 111th, Mitchell of the 88th, Sheldon of the 105th, Smith of the 4th, Smith of the 129th, Weldon of the 3rd, and Williams of the 89th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 168. By Representatives Everson of the 106th, Cox of the 102nd and Casas of the 103rd:
A RESOLUTION congratulating the Brookwood High School Broncos baseball team on winning the 2008 Class AAAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 169. By Representatives Maddox of the 127th, Sellier of the 136th, Knight of the 126th and Cole of the 125th:
A RESOLUTION recognizing the Annual Smoke on the Water BBQ and Bluegrass Festival as a Georgia State BBQ Championship competition; and for other purposes.
HR 170. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Brentley Eugene Choate; and for other purposes.
HR 171. By Representative Yates of the 73rd:
A RESOLUTION recognizing and commending the Warrior Family Program; and for other purposes.
HR 172. By Representative Day of the 163rd:
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.

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183

HR 173. By Representative Day of the 163rd:

A RESOLUTION recognizing and commending the Georgia Crisis Intervention Team; and for other purposes.

HR 174. By Representative McCall of the 30th:

A RESOLUTION recognizing and commending Dean Scott Angle of the University of Georgia's College of Agriculture and Environmental Sciences; and for other purposes.

HR 175. By Representatives Rynders of the 152nd, Dukes of the 150th, Fullerton of the 151st, Hanner of the 148th, Cheokas of the 134th and others:

A RESOLUTION honoring the services of Dr. Phillip Lee Roberts, M.D., and recognizing the Phoebe Cancer Center pavilion at Phoebe Putney Memorial Hospital as the Philip L. Roberts, M.D. Cancer Pavilion; and for other purposes.

Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

Your Committee on Health and Human Services has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 49 HB 60 HB 69

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Cooper of the 41st
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.

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Representative Hall, Atlanta, Georgia

Friday, January 30, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden Beasley-Teague Benton Black Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan E Coleman Collins, D Collins, T Cooper Davis, H

Davis, S Dawkins-Haigler Dempsey Dickson Dobbs Dooley E Drenner Dukes Ehrhart England Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Hatfield Heard Heckstall Hembree E Henson Hill, C.A

Holt Horne Houston Howard E Hudson Hugley Jackson Jacobs James Jerguson E Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lucas E Lunsford Maddox, B Maddox, G Mangham Manning

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

Rogers Rynders Scott, A Scott, M Sellier Shaw Sheldon Sims, B Sims, C Smith, B Smith, L Smith, R Smith, T Smith, V Smyre Stephens, M Stephens, R Stephenson Talton Taylor E Teilhet Thomas Thompson 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, Brooks of the 63rd, Cole of the 125th, Cox of the 102nd, Crawford of the 16th, Day of the 163rd, Dollar of the 45th, Floyd of the 99th, Geisinger of the 48th, Harbin of the 118th, Hill of the 21st, Jordan of the 77th, Mayo of the 91st, Powell of the 29th, Setzler of the 35th, Shipp of the 58th, Sinkfield of the 60th, Walker of the 107th, Weldon of the 3rd, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Reverend Richard Walker, Macland Baptist Church, Powder Springs, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 218. By Representative Benton of the 31st:
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 a statement of legislative intent; to define certain terms; to create the State Licensing Board for Fence Contractors and Automated Gate Operator Contractors; to provide for membership, officers, and the appointment of members; to provide for powers and duties; to provide for the licensure of fence contractors and automated gate operator contractors; to provide for qualifications; to provide for warranty and insurance coverage; to provide for

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disciplinary procedures; to provide for prohibited practices; to provide for applicability; 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 219. By Representatives Benton of the 31st, England of the 108th and Buckner of the 130th:
A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that antifreeze sold in this state containing more than 10 percent ethylene glycol shall include denatonium benzoate as an aversive agent to render it unpalatable; to provide for applicability; to provide for a limitation on liability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 220. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to superior courts, so as to provide a uniform time for issuing orders on motions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 221. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Chapter 6 of Title 9 of the Official Code of Georgia Annotated, relating to extraordinary writs, so as to provide that no writ of mandamus or writ of prohibition to compel the removal of a superior court judge shall issue where no motion to recuse has been filed in a timely manner or where a motion to recuse has been denied; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 222. By Representatives Day of the 163rd, Roberts of the 154th and Hugley of the 133rd:

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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 or minor children 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 223. By Representative Houston of the 170th:
A BILL to be entitled an Act to amend Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works bidding, so as to require that all competitive sealed bids and all competitive sealed proposals for local government public works construction contracts provide information regarding health insurance coverage for employees; 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 Governmental Affairs.
HB 224. By Representatives Houston of the 170th, Dempsey of the 13th, Sims of the 169th, Benton of the 31st, Meadows of the 5th and others:
A BILL to be entitled an Act to amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to provide that certain persons employed as county jail officers shall be eligible for membership in such fund; to provide for creditable service for prior service as a county jail officer; to provide for the payment of employer contributions with interest thereon; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 225. By Representatives Rynders of the 152nd, May of the 111th, Roberts of the 154th, Lindsey of the 54th, Rice of the 51st 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 primaries and elections, so as to require that voter registration applications and voter registration drives be

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handled only by registered voters of this state; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 226. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Black of the 174th, Sellier of the 136th and others:
A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; 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 227. By Representatives Dempsey of the 13th, Keen of the 179th, Sims of the 119th, Carter of the 175th, Willard of the 49th 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 primaries and elections generally, so as to provide for the confidentiality of the addresses of certain registered voters; to provide for the manner of invoking such confidentiality; to provide for the terms and conditions of such confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral

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Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 229. By Representatives Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Kaiser of the 59th, Ashe of the 56th 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 an annual fitness assessment and to comply with state physical education instruction requirements; to provide for reporting of results; to provide for an annual report to the Governor; to provide for a recognition program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 230. By Representatives Long of the 61st, Davis of the 109th, Jordan of the 77th, Bruce of the 64th, Benfield of the 85th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to nuisances generally, so as to provide that the emission of pentachlorophenal by certain facilities located near designated schools are creating a nuisance per se; 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 231. By Representatives Jerguson of the 22nd, Powell of the 29th and Williams of the 4th:
A BILL to be entitled an Act to amend Code Section 43-4-14 of the Official Code of Georgia Annotated, relating to the practice of architecture, qualifications and registration, exempt structures and persons, design-build contracts, predesign services, and construction contract administration services, so as to clarify the types of construction projects within planned or existing structures for which documents may be prepared, certified, and

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submitted for building permits by a Georgia registered interior designer; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 232. By Representative Levitas of the 82nd:
A BILL 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.
HB 233. By Representative Lindsey of the 54th:
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.
HR 167. By Representatives Hamilton of the 23rd, Amerson of the 9th and Knox of the 24th:
A RESOLUTION celebrating the life of Judge Richard S. (Stan) Gault and dedicating an interchange in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 176. By Representative Hatfield of the 177th:
A RESOLUTION compensating SunCorp Property Services, LLC; and for other purposes.
Referred to the Committee on Appropriations.
HR 177. By Representatives Long of the 61st, Davis of the 109th, Jordan of the 77th, Davis of the 122nd, Bruce of the 64th and others:

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A RESOLUTION creating the House Study Committee on the Airborne Release of Pentachlorophenol and its Effects on the Health of Georgia Residents; and for other purposes.

Referred to the Committee on Science and Technology.

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

HB 190 HB 191 HB 192 HB 193 HB 194 HB 195 HB 196 HB 197 HB 198 HB 199 HB 200 HB 201 HB 202 HB 203 HB 204 HB 205 HB 206 HB 207

HB 208 HB 209 HB 210 HB 211 HB 212 HB 213 HB 214 HB 215 HB 216 HB 217 HR 7 HR 161 HR 162 HR 163 HR 164 HR 165 HR 166

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

HOUSE RULES CALENDAR FRIDAY, JANUARY 30, 2009

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

None

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Modified Open Rule

None

Modified Structured Rule

HB 143 HR 1

Local government; homeowner tax relief grants; change certain provisions (Substitute)(W&M-O`Neal-146th) Real property; residential and nonresidential; freeze valuation - CA (Substitute)(W&M-Lindsey-54th)

Structured Rule

None

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

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

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

Mr. Speaker:

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

SB 1.

By Senators Shafer of the 48th, Hill of the 4th, Douglas of the 17th, Hill of the 32nd, 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 provide short titles; 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.

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

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SB 1.

By Senators Shafer of the 48th, Hill of the 4th, Douglas of the 17th, Hill of the 32nd, 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 provide short titles; 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.

Referred to the Committee on Budget and Fiscal Affairs Oversight.

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

Loudermilk of the 14th, Maxwell of the 17th, and Smith of the 113th.

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 143. By Representatives O`Neal of the 146th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th and Ehrhart of the 36th:

A BILL to be entitled an Act to amend Title 36 and Title 45 of the Official Code of Georgia Annotated, relating, respectively, to local government and public officers and employees, so as to change the manner and method of appropriating funds for homeowner tax relief grants; to provide for procedures, conditions, and limitations; to change certain provisions regarding certain reservation authority for appropriations; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Title 36 and Title 45 of the Official Code of Georgia Annotated, relating, respectively, to local government and public officers and employees, so as to change the manner and method of appropriating funds for homeowner tax relief grants; to provide for procedures, conditions, and limitations; to change certain provisions regarding certain reservation authority for appropriations; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising Code Section 36-89-3, relating to appropriations for homeowner tax relief grants, as follows:
"36-89-3. (a) In each the fiscal year ending on June 30, 2009, the General Assembly shall appropriate to the Department of Revenue funds to provide homeowner tax relief grants to counties, municipalities, and county or independent school districts. When funds are so appropriated, the General Appropriations Act shall specify the amount appropriated and the eligible assessed value of each qualified homestead in the state for the specified tax year, which eligible assessed value shall, subject to annual appropriation by the General Assembly, be not less than that specified in the Fiscal Year 2004 General Appropriations Act. If for any reason the amount appropriated in the General Appropriations Act is insufficient to fund the eligible assessed value stated in the General Appropriations Act, the amount appropriated may be adjusted in amendments to the General Appropriations Act. If the amount appropriated in the General Appropriations Act is sufficient to fund the eligible assessed value stated in the General Appropriations Act, that amount shall not be reduced or withdrawn for any reason. (b) In the fiscal year ending on June 30, 2009, the General Assembly shall appropriate to the Department of Revenue funds to provide homeowner tax relief grants to counties, municipalities, and county or independent school districts. When funds are so appropriated, the supplemental appropriation bill shall specify the amount appropriated and the eligible assessed value of each qualified homestead in the state for the specified tax year. If for any reason the amount appropriated in the supplemental appropriation bill is insufficient to fund the eligible assessed value stated in the supplemental appropriation bill, the amount appropriated is authorized to be, but is not required to be, adjusted in the General Appropriations Act for the next succeeding fiscal year. If the amount appropriated in the General Appropriations Act is sufficient to fund the eligible assessed value stated in the General Appropriations Act, that amount shall not be reduced or withdrawn for any reason. (c) Subject to the limitations of subsection (d) of this Code section, in each fiscal year beginning on or after July 1, 2009, the General Assembly shall appropriate to the Department of Revenue funds to provide homeowner tax relief grants to counties, municipalities, and county or independent school districts. When funds are so appropriated, the supplemental appropriation bill shall specify the amount appropriated and the eligible assessed value of each qualified homestead in the state for the specified tax year. If for any reason the amount appropriated in the supplemental appropriation bill is insufficient to fund the eligible assessed value stated in the supplemental appropriation bill, the amount appropriated is authorized to be, but is not required to be, adjusted in the General Appropriations Act for the next succeeding fiscal year. If the amount appropriated in the General Appropriations Act is sufficient to fund the eligible

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assessed value stated in the General Appropriations Act, that amount shall not be reduced or withdrawn for any reason.
(d)(1) As used in this subsection, the term 'budget report' means the budget report prepared pursuant to Code Section 45-12-74. (2) For each fiscal year beginning on or after July 1, 2009, no funds shall be appropriated under subsection (c) of this Code section in any supplemental appropriation bill or General Appropriations Act unless the amount of estimated total revenues available for appropriation enumerated in the budget report for the current fiscal year exceeds the amount of estimated total revenues available for appropriation enumerated in the budget report for the most recent fiscal year in which homeowner tax relief grant funds were appropriated by 3 percent plus the percent change in the rate of economic inflation on individual taxpayers as determined under the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United State Department of Labor. (e) When funds are appropriated as provided in this Code section, each fiscal authority shall follow the procedures specified in Code Section 36-89-4. When funds are not appropriated, each fiscal authority shall not follow the procedures specified in Code Section 36-89-4 and shall not include a notice on each tax bill regarding the unavailability of the credit."
SECTION 2. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising Code 45-12-86, relating to the Governor's reservation authority for appropriations, as follows:
"45-12-86. (a) The Except as otherwise provided in subsection (c) of this Code section, the Governor, during the first six months of a fiscal year period in which the current revenue estimate on which appropriations are based is expected to exceed actual revenues, is authorized to require state agencies to reserve such appropriations as specified by the Governor for budget reductions to be recommended to the General Assembly at its next regular session. (b) The Except as otherwise provided in subsection (c) of this Code section, the Governor, during any fiscal year by which the current revenue estimate or on which appropriations are based is expected to exceed actual revenues, is authorized to withhold a percentage of agency allotment requests as necessary to maintain spending within actual revenues. (c) During any fiscal year beginning on or after July 1, 2009, in which the current revenue estimate on which appropriations are based is expected to exceed actual revenues and an appropriation for homeowner tax relief grants pursuant to Chapter 89 of Title 36 has been made which does not comply with the limitations specified under subsection (d) of Code Section 36-89-3, the Governor shall either require the state agency to which the appropriation was made to reserve such appropriations as specified by the Governor for budget reductions to be recommended to the General Assembly at

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its next regular session or withhold the agency allotment request for such appropriation as necessary to maintain spending within actual revenues."

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:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black 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 E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley E Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner
Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield N Heard

N Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James 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 Y Levitas Y Lindsey N Long Y Loudermilk N Lucas E Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor E Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 117, nays 55.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Geisinger of the 48th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representatives Baker of the 78th, Howard of the 121st, and Jackson of the 142nd stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.
By unanimous consent, HB 143 was ordered immediately transmitted to the Senate.
Representative Shaw of the 176th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 2, 2009, and the motion prevailed.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 2, 2009.

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Representative Hall, Atlanta, Georgia

Monday, February 2, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden Beasley-Teague E Benfield Benton Black Brooks Bruce Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T

Cooper Cox Crawford Davis, H Dawkins-Haigler E Dempsey Dickson Dobbs Dooley Drenner E Dukes Ehrhart England Epps, C Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Hatfield Heard

E Heckstall Hembree
E Henson Hill, C Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson
E Johnson, C Johnson, T Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lunsford Maddox, B Maddox, G Mangham

Manning Marin Martin Maxwell May Mayo McCall McKillip Meadows Mills Mitchell Morgan Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, J Pruett Ralston Ramsey Randall Reece Reese

Rice Rogers Rynders Scott, A Scott, M E Sellier Setzler Shaw Sheldon Sims, B Sims, C Smith, B Smith, R Smyre Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Weldon 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, Cole of the 125th, Davis of the 109th, Day of the 163rd, Floyd of the 99th, Golick of the 34th, Gordon of the 162nd, Hill of the 180th, Hudson of the 124th, Jordan of the 77th, Lucas of the 139th, Millar of the 79th, Powell of the 29th, Shipp of the 58th, Sinkfield of the 60th, Smith of the 168th, Smith of the 129th, Smith of the 70th, Stephens of the 161st, and Walker of the 107th.

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They wish to be recorded as present.
Prayer was offered by Reverend Jess Nix, Brierfield Baptist Church, Brierfield, Alabama.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 39. By Representatives Stephens of the 164th, Sellier of the 136th, Gardner of the 57th, Hill of the 180th, Day of the 163rd 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 and loose or smokeless tobacco; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 234. By Representative Maddox of the 172nd:
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 provisions relating to a service cancelable loan fund and authorized types of service cancelable educational loans; to provide for a State Veterinary Education Board and its membership, powers, and duties; to provide for service cancelable loans and scholarships to residents of Georgia who are enrolled in school in the field of veterinary medicine; to provide for purchase of loans made for educational purposes to students who have completed a veterinary medical degree program; to provide effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 235. By Representatives Powell of the 171st and Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to remove the requirement of publishing a volume of rules from the definition of reports; to provide for the maintenance of a rules compilation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 236. By Representatives Byrd of the 20th, Loudermilk of the 14th, Cox of the 102nd, Graves of the 12th, Hill of the 21st and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to the organization of the executive branch generally, so as to establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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201

HB 237. By Representatives Lindsey of the 54th and Peake of the 137th:
A BILL to be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children, so as to revise a provision relating to financial assistance for adoptive parents; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Children & Youth.
HB 238. By Representative Benton of the 31st:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to provide for regulation of sludge and wastewater land application systems; to require land application system operators to provide proof of financial ability to cover accidental clean-up costs; to require land application system sites to comply with local zoning ordinances; to prohibit operation of a land application system site during the appeal of a permit revocation or denial; to provide for an effective date; to repeal conflicting laws, and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 239. By Representatives Smith of the 131st, Hanner of the 148th and Lane of the 167th:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface-water use, so as to regulate the return of surface waters to the sources from which they were withdrawn by local government entities; to provide for reports; to provide for permit modifications; to amend Code Section 31-3-5 of the Official Code of Georgia Annotated, relating to functions of county boards of health, so as to change certain provisions relating to on-site sewage management systems; to provide a short title; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.

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HB 240. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for the inclusion of certain historical information in tax bills and notices of decisions on appeals; to change certain provisions relating to county boards of equalization, duties, review of assessments, and appeals; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 241. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property generally, so as to change certain provisions relating to certification of assessed taxable value of property and method of computation, resolution or ordinance required for millage rate, and advertisement of intent to increase property tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 242. By Representatives Pruett of the 144th, Harden of the 28th, Everson of the 106th, Jacobs of the 80th, Sellier of the 136th and others:
A BILL to be entitled an Act to amend Code Section 47-2-318 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia of officers and employees of the Georgia Environmental Facilities Authority, creditable service, and contributions, so as to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority; 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 Retirement.
HB 243. By Representatives Pruett of the 144th, Sellier of the 136th and Maxwell of the 17th:
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

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203

conditions of employment of certificated personnel in elementary and secondary education, so as to repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 244. By Representatives Pruett of the 144th, Harden of the 28th, Everson of the 106th, Jacobs of the 80th, Sellier of the 136th and others:
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 245. By Representatives Willard of the 49th and Oliver of the 83rd:
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 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 246. By Representatives Willard of the 49th and Oliver of the 83rd:
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 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 247. By Representatives Thomas of the 100th, Talton of the 145th, Collins of the 27th, Yates of the 73rd, Murphy of the 120th and others:

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A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to change provisions relating to homestead exemptions for disabled veterans; to grant a new exemption for any veteran with a total or partial service connected permanent disability; to provide that the percentage of the homestead exempted shall be the same as the percentage of disability; to provide for continuation of the exemption for an unremarried surviving spouse or minor children; to provide for the preservation of previously granted exemptions; to provide for related matters; to provide for a referendum election to determine the effectiveness of the foregoing; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 248. By Representatives Barnard of the 166th, Ehrhart of the 36th, Drenner of the 86th, Everson of the 106th, Reese of the 98th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 249. By Representatives Martin of the 47th, Smith of the 113th, Stephens of the 164th, Loudermilk of the 14th, Maxwell of the 17th 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, the "Public Retirement Systems Investment Authority Law," so as to expand the definition of the term "large retirement system"; to define certain terms; to provide that certain public retirement systems may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to amend Code

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Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 250. By Representatives Smith of the 113th, Amerson of the 9th, Hamilton of the 23rd, Graves of the 12th, Loudermilk of the 14th and others:
A BILL to be entitled an Act to provide for the holding of a Convention of the people of Georgia for the purpose of proposing amendments to the Constitution of this state relating to state and local taxation and finance; to provide special elections for delegates to such Convention; to provide for a state-wide referendum; to provide for election districts; to provide for voter and delegate eligibility; to provide for submission and ratification of amendments proposed by the Convention; to provide for administrative matters related to the Convention; to provide for abolishment of the Convention; to provide for submission 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 Ways & Means.
HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Reece of the 11th:
A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; 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 252. By Representatives Morgan of the 39th, Kaiser of the 59th, Benfield of the 85th and Reece of the 11th:
A BILL to be entitled an Act to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs, so as to create the "Georgia Closing the

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Achievement Gap Commission"; to provide for its membership, purpose, authority, and duties; to provide for periodic reports; to provide for per diem and expenses for its members; to provide for staff and administrative support; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 253. By Representatives Carter of the 159th and England of the 108th:
A BILL to be entitled an Act to amend Part 3 of Article 8 of Chapter 41 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide that a contractor shall sign an affidavit at the signing of a contract for work verifying that he or she has paid certain persons; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 254. By Representatives Peake of the 137th, Keen of the 179th, Lindsey of the 54th, Rice of the 51st, Scott of the 2nd and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 255. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits with respect to qualified personal mass transportation expenses; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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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 218 HB 219 HB 220 HB 221 HB 222 HB 223 HB 224 HB 225 HB 226 HB 227

HB 228 HB 229 HB 230 HB 231 HB 232 HB 233 HR 167 HR 176 HR 177 SB 1

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 2, 2009

Mr. Speaker and Members of the House:

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

DEBATE CALENDAR

Open Rule

HB 60

Licensing requirements and exceptions; professional counseling, social work, or marriage and family therapy; provide (H&HS-Jacobs-80th)

Modified Open Rule

None

Modified Structured Rule

HB 141

Financial institutions; update definitions; provisions (Substitute)(B&BMills-25th)

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Structured Rule

None

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

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

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 169. By Representatives Maddox of the 127th, Sellier of the 136th, Knight of the 126th and Cole of the 125th:

A RESOLUTION recognizing the Annual Smoke on the Water BBQ and Bluegrass Festival as a Georgia State BBQ Championship competition; and for other purposes.

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

Lane of the 158th, Manning of the 32nd, and Byrd of the 20th.

By unanimous consent the following Resolution of the House was recommitted to the Committee on Rules:

HR 1.

By Representatives Lindsey of the 54th, Keen of the 179th, Roberts of the 154th, Bryant of the 160th, Day of the 163rd and others:

A RESOLUTION proposing an amendment to the Constitution so as 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.

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209

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 141. By Representatives Mills of the 25th and Hill of the 21st:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to update definitions; to provide for penalties for failure to provide requested information by financial institutions; to include bank holding companies in the definition of financial institutions; to include credit unions in restricted nomenclature; to broaden the definition of legal lending limit; to provide for payment of dividends by Subchapter S banks; to change the amount of par value; to provide for the investigative powers of the Department of Banking and Finance; to provide for immunity from civil liability for proper disclosure of information; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to update definitions; to provide for penalties for failure to provide requested information by financial institutions; to include bank holding companies in the definition of financial institutions; to include credit unions in restricted nomenclature; to broaden the definition of legal lending limit; to provide for payment of dividends by Subchapter S banks; to change the amount of par value; to provide for the investigative powers of the Department of Banking and Finance; to provide for immunity from civil liability for proper disclosure of information; to change certain provisions relative to the renewal of licenses; to update the records required to be retained by a licensee; to prohibit employment of persons that have a final cease and desist order entered against them; to provide for transmittal of certain monies within five days; to provide that mobile check cashing facilities are subject to regulation; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by revising paragraph (24) of Code Section 7-1-4, relating to definitions relative to financial institutions, as follows:

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"(24) 'Net assets' means the amount by which the total assets exceed the total debts of a financial institution. Total assets shall include but not be limited to both tangible and intangible assets (except good will), including prepaid expenses, prepaid taxes, and accrued income using book values determined in accordance with generally accepted accounting principles applicable to financial institutions. Total assets shall not include intangible assets in the form of good will, core deposit intangibles, or other intangible assets related to the purchase, acquisition, or merger of a bank charter. Total debts shall include all liabilities, other than contingent liabilities, including accrued expenses, deferred or unearned income, and valuation reserves, all determined in accordance with generally accepted accounting principles applicable to financial institutions."
SECTION 2. Said chapter is further amended by revising subsection (d) of Code Section 7-1-68, relating to reports to the Department of Banking and Finance and publication of summaries, as follows:
"(d) Any financial institution which fails to prepare or publish any report or to furnish any proof of publication, in accordance with this Code section, or fails to provide any facts or information requested under subsection (a) of this Code section, shall pay the department a penalty of $100.00 for each day after the time fixed by the department for filing such report, making such publication, or furnishing such proof of publication, but the department may, in its discretion, relieve any financial institution from the payment of such penalty, in whole or in part, if good cause be shown. If a financial institution fails to pay a penalty from which it has not been relieved, the department may, through the Attorney General, maintain an action at law to recover it."
SECTION 3. Said chapter is further amended by revising subsection (h) of Code Section 7-1-91, relating to orders by the Department of Banking and Finance, as follows:
"(h) The term 'financial institution' as used in this Code section shall include a bank holding company as defined in Code Section 7-1-605 and those entities required to be licensed pursuant to Article 4A of this chapter and any officer, director, employee, agent, or other person participating in the conduct of the affairs of the financial institution subject to the orders issued pursuant to this Code section."
SECTION 4. Said chapter is further amended by adding a new subsection (a.1) and revising subsection (c) of Code Section 7-1-243, relating to restrictions on using bank and trust nomenclature, as follows:
"(a.1) Except as provided in subsection (c) of this Code section, no person or corporation except a credit union or a federal credit union shall use the words 'credit union', or any other similar name indicating that the business done is that of a credit union upon any sign at its place of business or elsewhere, or upon any of its letterheads,

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billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter."
"(c) Nothing in this Code section shall be construed to: (1) Prevent the use of the words 'banks,' 'banker,' 'banking,' 'banker's,' 'trust,' or any similar word in a context clearly not purporting to refer to a banking or a trust business or to a business primarily engaged in the lending of money, underwriting or sale of securities, acting as a financial planner, financial service provider, investment or trust adviser, or acting as a loan broker; (1.1) Prevent the use of the words 'credit union', or any similar word in a context clearly not purporting to refer to a credit union or to a business primarily engaged in the lending of money, or accepting shares or deposits or acting as a loan broker; (2) Prohibit advertisement in media distributed in or transmitted into this state by persons or corporations lawfully engaged in the banking, credit union, or trust business outside of this state; or (3) Prevent any person or corporation from continuing to use its name legally in use on April 1, 1989."
SECTION 5. Said chapter is further amended by revising subsections (b) and (e) of Code Section 7-1285, relating to limits on obligations to one person or corporation, as follows:
"(b) Except as provided in subsection (c) of this Code section, a bank shall not directly or indirectly make loans to any one person or corporation which in aggregate exceed 15 percent of the statutory capital base of the bank unless the entire amount of such loans is secured by good collateral or other ample security and does not exceed 25 percent of the statutory capital base. Except as otherwise indicated in subsection (c) of this Code section, the purchase or discount of agreements for the payment of money or evidences of indebtedness shall be regarded as indirect loans to the person or corporation receiving the proceeds of such transactions. In estimating loans to any individual person, all amounts loaned to firms and partnerships of which he is a member shall be included. In estimating the legal lending limit for any individual person, loans to related corporations, partnerships, and other entities shall be combined subject to regulations established by the department." "(e) The department may, by regulation not inconsistent with this Code section, prescribe definitions of and requirements for transactions included in or excluded from the indebtedness to which this Code section applies. The department may also by regulation prescribe less restrictive limitations than those listed in subsections (a) through (c) of this Code section for banks meeting certain financial and management criteria. In addition, the department may, by regulation or otherwise, specify that the liabilities of a group of one or more persons or corporations or both shall be considered as owed by one person or corporation for the purposes of this Code section because the group relies substantially on a common source for the payment of its obligations or makes common use of funds received by it, or meets other criteria established by the department for the combination of indebtedness for legal lending limitation purposes."

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SECTION 6. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 7-1-460, relating to restrictions on payment of dividends and limitation of actions for dividends or distributions, as follows:
"(2) Dividends may not be declared or paid at any time that the bank or trust company does not have the paid-in capital and appropriated retained earnings required by Code Section 7-1-411, except the department may approve the payment of dividends by a Subchapter S bank, prior to cumulative profitability, for the sole purpose of providing its shareholders with a source of funds to pay federal and state income taxes on the Subchapter S bank's income that is taxable to those shareholders;"
SECTION 7. Said chapter is further amended by revising subsection (a) of Code Section 7-1-651, relating to membership of credit unions, as follows:
"(a) The membership of the credit union shall consist of the initial subscribers and such other persons within the field of membership as may have subscribed to one share and have paid for same together with the required entrance fee and complied with all other requirements contained in the bylaws. No subscriber or other member shall hold more than one share out of any class of shares. The bylaws may provide for separate classes of shares for borrowers and depositors and for the par value of each share for each class but in no event shall the par value be less than $5.00 $1.00."
SECTION 8. Said chapter is further amended by adding new subsections (c) through (h) of Code Section 7-1-684.1, relating to examination of books and records of licensees by the Department of Banking and Finance, as follows:
"(c) The department, in its discretion, may: (1) Make such public or private investigations within or outside of this state as it deems necessary to determine whether any person has violated this article or any rule, regulation, or order under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated; (3) Disclose information concerning any violation of this article or any rule, regulation, or order under this article, provided the information is derived from a final order of the department; and (4) Disclose the imposition of an administrative fine or penalty under this article. (d)(1) For the purpose of conducting any investigation as provided in this Code section, the department shall have the power to administer oaths, to call any party to testify under oath in the course of such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the

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depositions of witnesses; and for such purposes the department is authorized to issue a subpoena for any witness or for the production of documentary evidence. Such subpoenas may be served by certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address, by examiners appointed by the department, 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 paper resides or is found. The required fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the department in the same manner that other expenses of the department are paid. (2) The department may issue and apply to enforce subpoenas in this state at the request of a government agency regulating sellers of checks or money transmitters of another state if the activities constituting the alleged violation for which the information is sought would be a violation of this article if the activities had occurred in this state. (e) In case of refusal to obey a subpoena issued under this article to any person, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court. (f) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-170. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such limited information as is necessary to conduct a civil or administrative investigation or proceeding. Information contained in the records of the department which is not confidential and may be made available to the public either on the department's website or upon receipt by the department of a written request shall include: (1) The name, business address, and telephone, fax, and license numbers of a licensee or registrant; (2) The names and titles of the principal officers; (3) The name of the owner or owners thereof; (4) The business address of a licensee's or registrant's agent for service; (5) The terms of or a copy of any bond filed by a licensee or registrant; and (6) The name, business address, telephone number, and fax number of all agents of a licensee. (g) In the absence of malice, fraud, or bad faith, a person is not subject to civil liability arising from the filing of a complaint with the department or furnishing other information required by this Code section or required by the department under the

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authority granted in this article. No civil cause of action of any nature shall arise against such person:
(1) For any information relating to suspected prohibited transactions furnished to or received from law enforcement officials, their agents, or employees or to or from other regulatory or licensing authorities; (2) For any such information furnished to or received from other persons subject to the provisions of this title; or (3) For any such information furnished in complaints filed with the department. (h) The commissioner or any employee or agent is not subject to civil liability, and no civil cause of action of any nature exists against such persons arising out of the performance of activities or duties under this article or by publication of any report of activities under this Code section."
SECTION 9. Said chapter is further amended by revising Code Section 7-1-685, relating to renewal of licenses and the annual license fee, as follows:
"A license may be renewed for a period to be established by regulations of the department upon the filing of an application conforming to the requirements of Code Section 7-1-683 with such modifications as the department may allow. No investigation fee shall be payable in connection with such renewal application; but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved. If a renewal application is filed with the department before expiration of an existing license, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license applied for or until 20 days after the department shall have refused to issue such renewal license."
SECTION 10. Said chapter is further amended by revising subsection (b) of Code Section 7-1-686, relating to a notice of action or change in number of locations by a licensee, as follows:
"(b) A licensee shall give notice to the department by registered or certified mail or statutory overnight delivery of the name and address of any new or additional locations at which it engages in the business of selling or issuing checks over the number previously reported in either its original or renewal application and shall show to the department that the bond or assets required under Code Section 7-1-683 have been increased accordingly. This notice shall be given to the department by the licensee as follows:
(1) For the period January 1 through June 30 of each year, on or before the first business day of September; and (2) For the period July 1 through December 31 of each year, on or before the first business day of March.

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Failure to provide such notice shall be punished with a fine, other administrative action, or both. At any time the department is shown that a licensee has decreased the number of locations at or through which it proposes to engage in the business, the department may decrease the bond or security requirements accordingly."
SECTION 11. Said chapter is further amended by revising subsection (a) of Code Section 7-1-687.1, relating to records required to be kept by licensee for a five-year period, as follows:
"(a) Each licensee shall make, keep, and reserve the following books, accounts, and other records for a period of five years:
(1) A record of each check sold; (2) A general ledger which shall be posted at least monthly containing all assets, liabilities, capital, and income and expense accounts; (3) Settlement sheets received from agents; (4) Bank statements and bank reconciliation records; (5) Records of outstanding checks; (6) Records of each check paid; and (7) A list of the names and addresses of all of the licensee's agents.; (8) A copy of all Currency Transaction Reports that are required to be filed by the licensee; and (9) For money transmitters, records of all money transmissions sent or received."
SECTION 12. Said chapter is further amended by adding a new Code section to read as follows:
"7-1-689.2. The department may not issue a license to an applicant and may revoke a license from a licensee if such person employs any other person against whom a final cease and desist order has been issued within the preceding five years if such order was based on a violation of this article. Each applicant and licensee shall, before hiring an employee, examine the department's public records to determine that such employee is not subject to a cease and desist order."
SECTION 13. Said chapter is further amended by adding a new subsection (d) of Code Section 7-1-692, relating to prohibited actions by licensees, as follows:
"(d) All licensees or agents of licensees shall transmit monies received by them within five business days of receiving such monies, unless the licensee's written terms and conditions call for an agent to make an earlier transmission of funds. Failure to timely transmit funds shall subject the licensee to fines and may result in the revocation of its license. In the case of an agent, failure to timely transmit funds may result in the imposition of fines and the designation of a licensee's agent being refused or suspended by the department."

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SECTION 14. Said chapter is further amended by revising Code Section 7-1-703, relating to license renewal, as follows:
"A license or registration may be renewed for a period to be established by regulations of the department upon the filing of an application substantially conforming to the requirements of Code Section 7-1-701 with such modifications as the department may specify and as may be necessary. No investigation fee shall be payable in connection with such renewal application; but an annual license or registration fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved. If a renewal application is filed with the department before expiration of an existing license, the license sought to be renewed shall continue in force until the issuance by the department of the renewal license applied for or until 20 days after the department shall have refused to issue such renewal license."
SECTION 15. Said chapter is further amended by revising subsection (b) and adding a new subsections (e) through (i) of Code Section 7-1-704, relating to enforcement of provisions by the Department of Banking and Finance, as follows:
"(b) To assure compliance with the provisions of this article and in consideration of any application to renew a license or registration pursuant to the provisions of Code Section 7-1-703, the department or its designated agent may examine the books and records of any licensee or registrant to the same extent as it is authorized to examine financial institutions under this chapter. Each licensee or registrant shall pay an examination fee as established by regulations of the department to cover the cost of such examination. The department, in its discretion, may:
(1) Make such public or private investigations within or outside of this state as it deems necessary to determine whether any person has violated this article or any rule, regulation, or order under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated; (3) Disclose information concerning any violation of this article or any rule, regulation, or order under this article, provided the information is derived from a final order of the department; and (4) Disclose the imposition of an administrative fine or penalty under this article." "(e)(1) For the purpose of conducting any investigation as provided in this Code section, the department shall have the power to administer oaths, to call any party to testify under oath in the course of such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the department is authorized to issue a subpoena for any witness or for the production of documentary evidence. Such

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subpoenas may be served by certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address, by examiners appointed by the department, 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 paper resides or is found. The required fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the department in the same manner that other expenses of the department are paid. (2) The department may issue and apply to enforce subpoenas in this state at the request of a government agency regulating check cashing of another state if the activities constituting the alleged violation for which the information is sought would be a violation of this article if the activities had occurred in this state. (f) In case of refusal to obey a subpoena issued under this article to any person, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court. (g) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such limited information as is necessary to conduct a civil or administrative investigation or proceeding. Information contained in the records of the department that is not confidential and may be made available to the public either on the department's website or upon receipt by the department of a written request shall include: (1) The name, business address, and telephone, fax, and license numbers of a licensee or registrant; (2) The names and titles of the principal officers; (3) The name of the owner or owners thereof; (4) The business address of a licensee's or registrant's agent for service; and (5) The name, business address, telephone number, and fax number of all locations of a licensee. (h) In the absence of malice, fraud, or bad faith, a person is not subject to civil liability arising from the filing of a complaint with the department or furnishing other information required by this Code section or required by the department under the authority granted in this article. No civil cause of action of any nature shall arise against such person:

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(1) For any information relating to suspected prohibited conduct furnished to or received from law enforcement officials, their agents, or employees or to or from other regulatory or licensing authorities; (2) For any such information furnished to or received from other persons subject to the provisions of this title; or (3) For any such information furnished in complaints filed with the department. (i) The commissioner or any employee or agent is not subject to civil liability, and no civil cause of action of any nature exists against such persons arising out of the performance of activities or duties under this article or by publication of any report of activities under this Code section."

SECTION 16. Said chapter is further amended by adding a new Code section to read as follows:
"7-1-707.2. The department may not issue a license or registration to an applicant and may revoke a license from a licensee or a registration from a registrant if such person employs any other person against whom a final cease and desist order has been issued within the preceding five years if such order was based on a violation of this article. Each applicant, licensee and registrant shall, before hiring an employee, examine the department's public records to determine that such employee is not subject to a cease and desist order."

SECTION 17. Said chapter is further amended by adding a new Code section to read as follows:
"7-1-707.3. The operation of a mobile check cashing facility must be conducted in accordance with the rules of the department."

SECTION 18. This Act shall become effective on July 1, 2009.

SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

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

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 Allison Y Amerson

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler

E Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin Y Martin Y Maxwell

Y Rynders Y Scott, A Y Scott, M E Sellier

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Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Day E Dempsey Y Dickson Y Dobbs E Dollar Y Dooley Y Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hill, C.A Y Holt N Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 E Lindsey Y Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice
Roberts Y Rogers

Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 5.

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.

As announced by the Speaker, on the passage of the Bill, by substitute, the ayes were 162, nays 5.

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

Representatives Setzler of the 35th 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.

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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.

HB 60. By Representatives Jacobs of the 80th, Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th, Lunsford of the 110th and others:

A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements and exceptions, so as to provide that no person exempt from the licensing requirements of such Code section shall hold himself or herself out as being licensed to practice professional counseling, social work, or marriage and family therapy or use any term or other indicia implying that he or she is licensed to practice professional counseling, social work, or marriage and family therapy or any combination thereof; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day E Dempsey Y Dickson Y Dobbs E Dollar
Dooley Y Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd E Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 E Lindsey

Y Manning Y Marin E Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard

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Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Ramsey Y Randall Y Reece Y Reese Y Rice
Roberts Y Rogers

On the passage of the Bill, the ayes were 165, nays 0.

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

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

Representatives Setzler of the 35th 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.

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

HR 181. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th, Hembree of the 67th and Smith of the 113th:

A RESOLUTION commending Dr. Bruce Grube on his retirement and inviting him to appear before the House of Representatives; and for other purposes.

HR 182. By Representatives Maddox of the 172nd and Keown of the 173rd:

A RESOLUTION commending the heroic actions of Dylan Dixon and inviting him to appear before the House of Representatives; and for other purposes.

HR 183. By Representative Everson of the 106th:

A RESOLUTION recognizing and commending the 2007 Child Fatality Review Panel of the Year from Cherokee County and inviting them to appear before the House of Representatives; and for other purposes.

HR 184. By Representative Everson of the 106th:

A RESOLUTION recognizing and commending Mr. Grover Tuten and inviting him to appear before the House of Representatives; and for other purposes.

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HR 185. By Representatives Glanton of the 76th, Baker of the 78th, Johnson of the 75th and Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending the 2008 Jonesboro High School Mock Trial team 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 186. By Representatives Day of the 163rd, Neal of the 1st, Stephens of the 164th, Porter of the 143rd, Keen of the 179th and others:
A RESOLUTION recognizing and commending Fire Chief Tommy Morgan, outstanding public servant; and for other purposes.
HR 187. By Representatives Loudermilk of the 14th, Scott of the 2nd, Franklin of the 43rd, Rice of the 51st, Collins of the 27th and others:
A RESOLUTION declaring February 4, 2009, as Home Education Day at the state capitol; and for other purposes.
HR 188. By Representatives Stephens of the 164th, Peake of the 137th, Parrish of the 156th and Channell of the 116th:
A RESOLUTION declaring February 3, 2009, as Food Service Industry Day at the state capitol and commending the food service industry; and for other purposes.
HR 189. By Representatives Wix of the 33rd, Smyre of the 132nd and Porter of the 143rd:
A RESOLUTION recognizing and commending Ms. Betty Gray; and for other purposes.
HR 190. By Representatives Williams of the 89th, Mangham of the 94th, Collins of the 95th, Frazier of the 123rd, Stephenson of the 92nd and others:
A RESOLUTION honoring the life and memory of Reverend Joel Leonard Miles, Sr.; and for other purposes.
HR 191. By Representative Sheldon of the 105th:
A RESOLUTION recognizing and commending John L. Miklos; and for other purposes.

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HR 192. By Representatives Bryant of the 160th and Carter of the 159th:
A RESOLUTION recognizing and commending Reverend Kenny Grant; and for other purposes.
HR 193. By Representative Ashe of the 56th:
A RESOLUTION honoring and commending Mr. G. Mead Grady, CCM, an outstanding Georgia Citizen; and for other purposes.
HR 194. By Representatives Reese of the 98th, Coan of the 101st and Everson of the 106th:
A RESOLUTION recognizing Gwinnett County Spelling Bee Champion Asad Ladhani; and for other purposes.
HR 195. By Representative Beasley-Teague of the 65th:
A RESOLUTION honoring the life and memory of Mr. James Edward Lackey, Sr.; and for other purposes.
HR 196. By Representative Beasley-Teague of the 65th:
A RESOLUTION commending the National Association for the Advancement of Colored People on its 100th anniversary; and for other purposes.
HR 197. By Representative Ashe of the 56th:
A RESOLUTION commending Ms. Helen D. Jenkins for her outstanding public service; and for other purposes.
HR 198. By Representatives Mills of the 25th and Maddox of the 172nd:
A RESOLUTION recognizing and commending Mr. Ralph Norton Miller; and for other purposes.
HR 199. By Representative McCall of the 30th:
A RESOLUTION recognizing and commending Mrs. Phyllis Thompson upon the occasion of her retirement; and for other purposes.

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HR 200. By Representatives Graves of the 12th and Ralston of the 7th:
A RESOLUTION recognizing and commending Sheriff Billy Wofford on the occasion of his retirement; and for other purposes.
HR 201. By Representative Horne of the 71st:
A RESOLUTION recognizing and commending Dr. Cora Charles; and for other purposes.
HR 202. By Representatives Channell of the 116th, Henson of the 87th, Shaw of the 176th, Rynders of the 152nd, Mills of the 25th and others:
A RESOLUTION recognizing and commending the Georgia Dental Association; and for other purposes.
HR 203. By Representatives Stephens of the 164th, Day of the 163rd, Gordon of the 162nd, Stephens of the 161st, Carter of the 159th and others:
A RESOLUTION celebrating the memory of music icon Mr. John Herndon Mercer on the occasion of the centennial year of his birth; and for other purposes.
HR 204. By Representatives Carter of the 159th, Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th, Day of the 163rd and others:
A RESOLUTION recognizing and commending Hospice Savannah, Inc., on the 30th anniversary of its formation; and for other purposes.
HR 205. By Representatives Carter of the 159th, Stephens of the 164th, Gordon of the 162nd, Stephens of the 161st, Bryant of the 160th and others:
A RESOLUTION honoring the life and memory of Mr. Bobby Gordon Bohler; 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 181 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

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225

HR 181. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th, Hembree of the 67th and Smith of the 113th:
A RESOLUTION commending Dr. Bruce Grube on his retirement and inviting him to appear before the House of Representatives; and for other purposes.
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Tuesday, February 3, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford

Davis, H Davis, S Dawkins-Haigler Day Dempsey Dickson Dobbs Dollar Dooley E Drenner Dukes Ehrhart England Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Hatfield Heard Heckstall

Hembree Henson Holt Horne E Houston Howard Hudson Hugley Jackson Jacobs James Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lunsford Maddox, B Maddox, G Mangham E Manning Marin

Martin Maxwell May Mayo McCall McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Murphy E Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, A Powell, J Pruett Ralston Ramsey Randall Reece Reese Rice Roberts Rogers

Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Sinkfield Smith, L Smith, R Smith, T Smith, V Smyre Stephens, M Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Walker Weldon Wilkinson Willard Williams, A Williams, E Williams, M 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, Casas of the 103rd, Cole of the 125th, Epps of the 128th, Floyd of the 99th, Hill of the 21st, Hill of the 180th, Lucas of the 139th, Shipp of the 58th, Smith of the 113th, and Wix of the 33rd.

They wish to be recorded as present.

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227

Prayer was offered by Dr. Tony Guthrie, First Baptist Church of Elberton, Elberton, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 256. By Representative Levitas of the 82nd:
A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to provide that evidence relating to the failure to use safety belts may be used by state and local authorities to recover costs incurred from a person's failure to use a safety belt; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 257. By Representatives Bearden of the 68th, Levitas of the 82nd, Powell of the 29th and Ralston of the 7th:

A BILL to be entitled an Act to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to provide that a person may execute a preneed authorization for cremation; to provide for the method of preparing and executing such authorization; to provide for the revocation of such authorization under certain circumstances; to provide for the fulfillment of such authorization and disposition instructions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

HB 258. By Representative Scott of the 153rd:

A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; 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 259. By Representatives Marin of the 96th and Wilkinson of the 52nd:

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 260.

By Representatives Marin of the 96th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide that licenses shall include a photograph and the current address of the holder; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

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HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible single-family residence; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 262. By Representatives Hill of the 21st and McCall of the 30th:
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 enforcement of covenants which prohibit certain xeriscape practices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 263. By Representative Peake of the 137th:
A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to define certain terms; to provide that any person offering in-home services shall conduct a criminal background investigation of each employee; to provide that such persons shall not employ individuals who have been convicted of certain crimes; to provide that any violation shall be an unfair and deceptive act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 264. By Representative May of the 111th:
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 conveyances to secure debt in general, so as to revise provisions relating to regulation of security conveyances; to repeal certain obsolete provisions relating to due on sale clauses which have been preempted by federal law; to provide certain new

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regulations with respect to certain residential mortgages and deeds to secure debt; to prohibit prepayment penalties, negative amortization, and yield spread compensation of loan originators; to require loan originators to verify ability to repay; 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 265. By Representative Pruett of the 144th:
A BILL to be entitled an Act to provide a new charter for the Town of Rhine; to change the name "Town of Rhine" to "City of Rhine"; 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 or vice mayor and certain duties, powers, and other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 266. By Representatives Pruett of the 144th, Hembree of the 67th, Harden of the 28th and Day of the 163rd:
A BILL to be entitled an Act to amend Title 47 of the O.C.G.A., relating to retirement and pensions, so as to provide that certain persons employed by and positions authorized for the Technical College System of Georgia related to the operation and management of the Georgia Aviation Technical College who are transferred to the Board of Regents of the University System of Georgia pursuant to Code Section 20-3-40 who are members of the Employees' Retirement System of Georgia shall have the option to remain in this retirement system; to amend Part 1 of Article 2 of Chapter 3 of Title 20 of the O.C.G.A., relating to the Board of Regents of the University System of Georgia, so as to provide for the transfer of positions relating to the Georgia Aviation Technical College; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.

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231

HB 267. By Representatives Willard of the 49th and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to clarify certain provisions regarding confidentiality of certain information; to allow the administrator to provide for disconnection of telephone service under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 268. 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.
HB 269. By Representative Fludd of the 66th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to revise and change the tax credit for qualified caregiving expenses; 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 270. By Representative Fludd of the 66th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to revise and change certain provisions regarding personal exemptions; to authorize a dependent exemption for custodial and noncustodial parents under certain circumstances; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 271. By Representatives Peake of the 137th, Williams of the 4th, Stephens of the 164th, Martin of the 47th, Amerson of the 9th 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, in a manufacturing plant located in this state, of tangible personal property primarily for resale; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 272. By Representatives Cox of the 102nd, Sheldon of the 105th and Rice of the 51st:
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 distribution certificates; to change certain provisions regarding annual adjustment of millage rates; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 273. By Representatives Stephens of the 164th, Carter of the 159th, Harden of the 147th 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 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, IV, or V 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 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 274. By Representatives Taylor of the 55th, Ashe of the 56th, Oliver of the 83rd, Long of the 61st and Benfield of the 85th:

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233

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 change certain provisions relating to records of transactions relative to secondary metals recyclers; to regulate payments to persons selling copper items to secondary metals recyclers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 275. By Representatives Black of the 174th, Cheokas of the 134th, Williams of the 4th, Amerson of the 9th, Parsons of the 42nd 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 general provisions relative to telephone service, so as to change certain provisions relating to transmission of unsolicited commercial facsimile messages; to change certain provisions relating to telephone solicitations to residential, mobile, or wireless subscribers and a state list of subscribers who object to solicitations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 276. By Representatives Oliver of the 83rd, Thomas of the 100th, Buckner of the 130th, Ashe of the 56th, Gardner of the 57th and others:
A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to prohibit the purchase or use of coal extracted by mountaintop removal coal mining for the generation of electricity; to provide for definitions; to provide for a phase out period; to provide for civil penalties; to change certain provisions relating to permit requirements, applications, issuance, revocation, suspension, and amendment; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its

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membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 278. By Representatives Ramsey of the 72nd, Pruett of the 144th, Cole of the 125th, Millar of the 79th, Lindsey of the 54th 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 Education Act," so as to temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 279. By Representatives Ramsey of the 72nd, Cole of the 125th and Pruett of the 144th:
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 Education Act," so as to revise the definition of "guaranteed valuation school system" for purposes of determining equalization grants; to revise the method of calculating equalization grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HR 178. By Representatives Levitas of the 82nd, Coan of the 101st, Parrish of the 156th, Wilkinson of the 52nd, Lunsford of the 110th and others:
A RESOLUTION proposing an amendment to the Constitution so as to allow the enforcement of contracts that restrict competition during or after the term of employment or of a commercial relationship so long as such contracts are reasonable in time, area, and line of business; to provide that courts may

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235

modify such contracts to achieve the intent of the contracting parties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Judiciary.

HR 179. By Representatives Levitas of the 82nd, Wilkinson of the 52nd, Jerguson of the 22nd, Lunsford of the 110th, Cheokas of the 134th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide for ad valorem tax valuation and appeal procedures; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

HR 180. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th, Allison of the 8th, Amerson of the 9th and others:

A RESOLUTION urging the United States Congress to facilitate the building of reservoirs upstream from Lake Sidney Lanier; and for other purposes.

Referred to the Committee on Natural Resources & Environment.

HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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 Transportation.

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

HB 39 HB 234

HB 245 HB 246

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HB 235 HB 236 HB 237 HB 238 HB 239 HB 240 HB 241 HB 242 HB 243 HB 244

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

Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

HB 80 Do Pass

Respectfully submitted, /s/ Knox of the 24th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 3, 2009

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 49

Georgia Board of Physicians Workforce; revise certain provisions (H&HSChannell-116th)

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237

Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

None

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

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

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

Loudermilk of the 14th, Frazier of the 123rd, and Cheokas of the 134th.

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 49. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th and Cooper of the 41st:

A BILL to be entitled an Act to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce, so as to revise certain provisions relating to the powers, duties, and responsibilities of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison

Y Crawford Y Davis, H Y Davis, S

Y Heckstall Y Hembree Y Henson

Y Manning Y Marin Y Martin

Y Rynders Scott, A
Y Scott, M

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Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar
Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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

Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Scott of the 153rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 219. By Representatives Davis of the 122nd, Amerson of the 9th, Hembree of the 67th, Keen of the 179th, Benton of the 31st and others:

A RESOLUTION celebrating the semisesquicentennial anniversary of the Georgia Tech Research Institute and inviting members of the Institute to appear before the House of Representatives; and for other purposes.

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239

The following Resolutions of the House were read and adopted:
HR 207. By Representatives Brooks of the 63rd and Taylor of the 55th:
A RESOLUTION wishing Ms. Ann Cooper a very happy 107th birthday; and for other purposes.
HR 208. By Representatives Williams of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION honoring Hilary Larissa Pulos; and for other purposes.
HR 209. By Representatives Heard of the 114th, Murphy of the 120th, Abdul-Salaam of the 74th, Williams of the 89th, Bruce of the 64th and others:
A RESOLUTION recognizing the contributions of black contractors to the State of Georgia and declaring February 5, 2009, as "Black Contractors Day in Georgia"; and for other purposes.
HR 210. By Representative Sellier of the 136th:
A RESOLUTION recognizing and commending Sheriff Kerry Milton Dunaway on the occasion of his retirement; and for other purposes.
HR 211. By Representative Stephens of the 164th:
A RESOLUTION recognizing and commending Mr. Eric Alexander de Groot; and for other purposes.
HR 212. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Michael Claffey; and for other purposes.
HR 213. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Christopher Phillips; and for other purposes.
HR 214. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Matthew Thompson; and for other purposes.

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HR 215. By Representative Dollar of the 45th:

A RESOLUTION recognizing and commending George Merriam; and for other purposes.

HR 216. By Representative Dollar of the 45th:

A RESOLUTION recognizing and commending Wyatt Jones; and for other purposes.

HR 217. By Representative Dollar of the 45th:

A RESOLUTION recognizing and commending John Elliott; 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 157 HR 77 HR 165

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Hembree of the 67th
Chairman

Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:

Mr. Speaker:

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

HB 128 Do Pass

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241

Respectfully submitted, /s/ Dickson of the 6th
Vice 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 46 Do Pass HB 121 Do Pass
Respectfully submitted, /s/ O'Neal of the 146th
Chairman
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, February 4, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B
E Casas Chambers Channell Cheokas Coan Coleman Collins, D

Collins, T Cooper Cox Crawford Davis, H Dawkins-Haigler Day Dempsey Dickson Dobbs Dooley Drenner Dukes England Epps, C Epps, J Everson Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Hatfield

Heard E Hembree E Henson
Hill, C Hill, C.A Holt E Horne Houston Howard Hugley Jackson James Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Loudermilk Maddox, B Maddox, G Mangham Manning Marin

Martin Maxwell May Mayo McCall McKillip Meadows Millar Mills E Mitchell Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, J Pruett Ralston Ramsey Randall Reece Reese Rice Roberts

Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Smith, B Smith, L Smith, R Smith, V Smyre Stephens, M Stephens, R Stephenson Talton E Taylor Teilhet Thomas Thompson Weldon Wilkinson Williams, A Williams, E Williams, M Williams, R Yates Richardson, Speaker

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

Representatives Bearden of the 68th, Cole of the 125th, Davis of the 109th, Dollar of the 45th, Ehrhart of the 36th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Heckstall of the 62nd, Hudson of the 124th, Jacobs of the 80th, Jordan of the 77th, Long of the 61st, Lucas of the 139th, Lunsford of the 110th, Morgan of the 39th, Powell of the 29th, Shipp of the 58th, Sinkfield of the 60th, Smith of the 168th, Walker of the 107th, Willard of the 49th, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Reverend Robert H. Walker, Peachtree Baptist Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 280. By Representatives Coleman of the 97th, Ramsey of the 72nd, Cole of the 125th, Pruett of the 144th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to provide for additional compensation for teachers in mathematics or science under certain conditions; to provide for standards for mathematics and science endorsements; to remove the sunset provision from the Georgia Master

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Teacher Program; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 281. By Representatives Walker of the 107th, Casas of the 103rd, Coan of the 101st, Reese of the 98th and Cox of the 102nd:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to enact the "Georgia Virtual School Opportunity and Enrichment Act"; to provide for legislative findings; to provide for a definition; to require a local school system to allow virtual students in grades six through 12 to participate in extracurricular activities; to provide for academic requirements; to provide for ineligibility; to provide that the virtual student is subject to all rules, regulations, and codes of conduct as would apply to other students; to provide for ineligibility; to prohibit certain memberships; 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.
HB 282. By Representatives Coleman of the 97th, Ramsey of the 72nd, Cole of the 125th, Pruett of the 144th, Hembree of the 67th and others:
A BILL to be entitled an Act to amend Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certificated professional personnel under the "Quality Basic Education Act," so as to revise certain provisions relating to the Georgia Master Teacher Program; to provide for a bonus for teachers receiving a Master Teacher Certification; to establish a Distinguished Teacher Leader Certification; to provide for criteria; to provide for applications; to provide for a bonus for teachers receiving a Distinguished Teacher Leader Certification; to provide for automatic certification renewal of Master Teachers' and Distinguished Teacher Leaders' teaching certificates; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th:

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A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; 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 284. By Representatives Greene of the 149th and Barnard of the 166th:
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 counties, and transfer of inmates to federal authority, so as to change certain provisions relating to reimbursement rates; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 285. By Representatives Greene of the 149th and Barnard of the 166th:
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 counties, and transfer of inmates to federal authority, so as to change certain provisions relating to reimbursement rates; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 286. By Representative Marin of the 96th:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide that persons applying for such a license shall complete a handgun safety course; to provide that the Department of Public Safety shall promulgate regulations establishing criteria for such courses; to provide that the department shall

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approve persons to conduct such training; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 287. By Representatives Benton of the 31st and England of the 108th:
A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of speed detection devices in traffic law enforcement, so as to provide that certain restrictions on the use of such devices shall not apply with respect to the use of speed detection devices in school zones; 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 288. By Representatives Fludd of the 66th, Teilhet of the 40th, Mosby of the 90th, McKillip of the 115th, Shipp of the 58th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for a self-employment assistance program; to provide a short title; to provide definitions; to establish the maximum allowable amount of weekly self-employment assistance; to determine eligibility; to limit the number of individuals receiving a self-employment assistance allowance; to provide for a self-employment assistance allowance to be charged or assessed to an 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.
Referred to the Committee on Judiciary.
HB 289. By Representatives Chambers of the 81st, Houston of the 170th and Martin of the 47th:
A BILL to be entitled an Act to provide a statement of legislative findings; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal Article 6 of Chapter 5, relating to the Georgia Courts Automation Commission; to provide for outstanding contracts and obligations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 290. By Representatives McKillip of the 115th, Thomas of the 100th, Abrams of the 84th, Benfield of the 85th, Fludd of the 66th and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, relating to minimum wage, so as to provide for a substantive and comprehensive reform of provisions regarding the minimum wage law; to provide for legislative findings; to provide for an increase in the minimum wage; to provide for annual minimum wage increases to match the rising cost of living; to provide a credit toward the minimum wage for employers of tipped workers; to eliminate various eligibility exemptions from the minimum wage; 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 Industrial Relations.
HB 291. By Representatives Cox of the 102nd, Everson of the 106th, Talton of the 145th, Byrd of the 20th and Ramsey of the 72nd:
A BILL to be entitled an Act to establish "Georgia's Antidiscrimination Act of 2009"; to amend Code Section 20-3-65 of the Official Code of Georgia Annotated, relating to prohibiting the exclusion of persons from the University of Georgia for religious beliefs, so as to prohibit the exclusion of persons from certain educational institutions on the basis of race or gender and to clarify that certain post secondary schools are prohibited from discriminating on the basis of race or gender; to amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts by local governments, so as to prohibit discrimination and remove certain provisions relating to minority business; 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 292. By Representatives Geisinger of the 48th, Lindsey of the 54th, Oliver of the 83rd, Ehrhart of the 36th, Lucas of the 139th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to provide that certain nonprofit organizations may give away certain noncash prizes to advance the purposes of such nonprofit

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organization; to provide conditions for the giving of such prizes by nonprofit organizations and businesses; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 293. By Representatives Lindsey of the 54th, Lucas of the 139th, Ehrhart of the 36th, Barnard of the 166th, Oliver of the 83rd 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 amend Chapter 17 of Title 48 of the O.C.G.A., relating to coin operated amusement machines, so as to revise definitions; to provide that video or mechanical games, machines, or devices for the play of card games or variations of such games are not bona fide coin operated amusement machines; 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 294. By Representatives Parrish of the 156th, Hembree of the 67th, Nix of the 69th, Epps of the 128th, Knight of the 126th 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 require legislative approval for the creation, consolidation, suspension, or discontinuation of a technical college or institution under the State Board of Technical and Adult Education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HR 218. By Representative Hembree of the 67th:
A RESOLUTION urging the State Board of Cosmetology to investigate and report on the need for and feasibility of requiring certain ventilation equipment for nail technicians; requesting appropriate assistance from other state agencies for purposes of such study; and for other purposes.

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Referred to the Committee on Industrial Relations.

The hour of convening the Joint Session pursuant to HR 121 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Leah Ward Sears, Chief Justice of the Supreme Court, was called to order by the Speaker.

The Honorable Leah Ward Sears appeared upon the floor of the House and addressed the Joint Session.

Senator Rogers of the 21st 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.

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

HB 256 HB 257 HB 258 HB 259 HB 260 HB 261 HB 262 HB 263 HB 264 HB 265 HB 266 HB 267 HB 268 HB 269

HB 270 HB 271 HB 272 HB 273 HB 274 HB 275 HB 276 HB 277 HB 278 HB 279 HR 178 HR 179 HR 180 HR 206

Representative Golick of the 34th 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:

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HB 71 Do Pass, by Substitute HB 140 Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 34th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 4, 2009

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

None

Modified Open Rule

None

Modified Structured Rule

HB 69

Cardiopulmonary resuscitation; nonresuscitation; provide (H&HSJerguson-22nd)

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, FEBRUARY 4, 2009

251

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 13. By Senators Smith of the 52nd, Cowsert of the 46th, Tarver of the 22nd, Reed of the 35th, Hamrick of the 30th and others:
A BILL to be entitled an Act 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 provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 39. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the O.C.G.A., relating to sales and use taxes, so as to provide for a 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects by the district; to provide that each county may opt out of the district; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 44. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for a 1 percent regional local option sales and use tax for a specified

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period of time to fund specific transportation projects; 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 unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:

SB 13.

By Senators Smith of the 52nd, Cowsert of the 46th, Tarver of the 22nd, Reed of the 35th, Hamrick of the 30th and others:

A BILL to be entitled an Act 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 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 39.

By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the O.C.G.A., relating to sales and use taxes, so as to provide for a 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects by the district; to provide that each county may opt out of the district; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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.

Referred to the Committee on Transportation.

SR 44.

By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others:

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A RESOLUTION proposing an amendment to the Constitution so as to provide for a 1 percent regional local option sales and use tax for a specified period of time to fund specific transportation projects; 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.
Referred to the Committee on Transportation.
The following members were recognized during the period of Morning Orders and addressed the House:
Neal of the 1st, Howard of the 121st, and Williams of the 165th.
By unanimous consent the following Bill of the House was withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
HB 69. By Representatives Jerguson of the 22nd, Cooper of the 41st, Channell of the 116th, Mitchell of the 88th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to clarify provisions relating to a candidate for nonresuscitation and authorization for an order not to resuscitate and to remove statutory ambiguity; 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 221. By Representative Maddox of the 172nd:
A RESOLUTION congratulating the Cairo High School Syrupmaker football team on winning the 2008 Class AAA State Championship and inviting them to appear before the House of Representatives; and for other purposes.
HR 222. By Representatives Lane of the 158th, Hill of the 180th, Burns of the 157th, Scott of the 2nd, Lane of the 167th and others:
A RESOLUTION congratulating Georgia Department of Natural Resources Commissioner Noel Z. Holcomb on the occasion of his retirement and inviting him to appear before the House of Representatives; and for other purposes.

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The following Resolutions of the House were read and adopted:
HR 223. By Representatives Heard of the 114th, McKillip of the 115th and Smith of the 113th:
A RESOLUTION recognizing and commending Dr. David L. Levine as the Distinguished Older Georgian for 2009; and for other purposes.
HR 224. By Representatives Hudson of the 124th, Porter of the 143rd and Smyre of the 132nd:
A RESOLUTION recognizing and commending Mathews & Maxwell, Inc.; and for other purposes.
HR 225. By Representatives Benfield of the 85th, Ashe of the 56th, Dickson of the 6th, Smith of the 70th, Hudson of the 124th and others:
A RESOLUTION recognizing February 4, 2009, as "Girls and Women in Sports Day" and commending Georgia's outstanding female athletes; and for other purposes.
HR 226. By Representative Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending the Universal Peace Federation; and for other purposes.
HR 227. By Representative Hembree of the 67th:
A RESOLUTION recognizing and commending educator Ms. Catherine V. Lipari; and for other purposes.
HR 228. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Hickory Grove Missionary Baptist Church on the occasion of their dedication service on January 11, 2009; and for other purposes.
Representative Maxwell of the 17th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:

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255

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 190 Do Pass HB 191 Do Pass

HB 210 Do Pass HB 211 Do Pass, by Substitute

Respectfully submitted, /s/ Maxwell of the 17th
Chairman

The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, February 5, 2009

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 Allison Amerson Anderson Ashe Baker Barnard Battles Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Collins, D Collins, T Cooper Cox Crawford

Davis, S Dawkins-Haigler Day Dempsey Dickson Dobbs Dooley Drenner Dukes Ehrhart England Epps, C Epps, J E Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Heard E Heckstall Hembree E Henson

Hill, C Hill, C.A Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen E Keown Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lunsford Maddox, B Maddox, G Manning Marin Martin Maxwell

May Mayo McCall McKillip Meadows Mills E Mitchell Morgan Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, A Powell, J Pruett Ralston Ramsey Randall E Reece Reese Rice Roberts E Rogers

Rynders Scott, A Scott, M Sellier Shaw Sims, B Sims, C Sinkfield Smith, B Smith, L E Smith, T Smith, V Smyre Stephens, M Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson E Weldon 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 Austin of the 10th, Butler of the 18th, Cole of the 125th, Coleman of the 97th, Davis of the 122nd, Dollar of the 45th, Golick of the 34th, Harbin of the 118th, Hatfield of the 177th, Hudson of the 124th, Jordan of the 77th, Knight of the 126th, Lucas of the 139th, Mangham of the 94th, Millar of the 79th, Setzler of the 35th, Shipp of the 58th, Smith of the 131st, and Walker of the 107th.

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They wish to be recorded as present.
Prayer was offered by Pastor Bruce Alford, Wynnton Hill Baptist Church, Columbus, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 295. By Representatives Lane of the 167th, Barnard of the 166th, Dollar of the 45th, Levitas of the 82nd and Weldon of the 3rd:
A BILL to be entitled an Act to establish "The Jail and Prison Reimbursement Act"; to amend Code Section 42-4-50 of the Official Code of Georgia Annotated, relating to definitions pertaining to medical services for inmates in jails, so as to provide for the recovery of costs for mental health and other related services; to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide for the reimbursement of medical and mental

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health care costs and related costs provided to an inmate by state, county, and private detention facilities; to provide for the repayment of designated costs of detention by certain inmates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 296. By Representatives Day of the 163rd, Loudermilk of the 14th and Amerson of the 9th:
A BILL to be entitled an Act to amend Code Section 40-6-188 of the Official Code of Georgia Annotated, relating to highway work zones and reduction in speed and signage therefor, so as to change certain provisions pertaining to speeding in a highway work zone, to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 297. By Representatives Bryant of the 160th, Stephens of the 164th, Carter of the 159th, Stephens of the 161st and Gordon of the 162nd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to reconstitute the governing authority of the city; to provide for council districts; to provide for definitions and inclusions; to provide for continuation in office of the mayor and current council members; to change the provisions relating to the regular expiration of terms of office of certain council members; to provide for elections; to provide for qualification, nomination, and election of candidates; to provide for districting; to provide for qualifications; to provide for the submission of the city's operating and capital budgets to the city council by the city manager; to provide for action on the budget; to provide for severability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 298. 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.

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259

HB 299. 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.
HB 300. By Representatives Wilkinson of the 52nd, Cooper of the 41st, Porter of the 143rd, Gardner of the 57th, Lindsey of the 54th 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 local school systems to provide certain information to parents and guardians of students in grades six through 12 on meningococcal meningitis disease and its vaccine whenever other health information is provided; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 301. By Representatives Hembree of the 67th and Dempsey of the 13th:
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 State Board of Technical and Adult Education to the State Board of the Technical College System of Georgia; to amend various provisions of the Official Code of Georgia Annotated to change references to reflect such name change; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 302. By Representatives Hamilton of the 23rd, Collins of the 27th, Loudermilk of the 14th, Amerson of the 9th, Rogers of the 26th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to change the requirements to be met prior to a telecommunications company charging a customer for any service provided by a third party; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.

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HB 303. By Representatives Rogers of the 26th, Willard of the 49th, Collins of the 27th, Oliver of the 83rd and Ralston of the 7th:
A BILL to be entitled an Act to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, so as to authorize solicitors-general and assistant solicitors-general to have access to such reports for official purposes; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 304. By Representatives Porter of the 143rd and Epps of the 140th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to change certain provisions regarding appraisers and assessors going upon property in the performance of their duties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 305. 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.
Referred to the Committee on Insurance.
HB 306. By Representatives Walker of the 107th, Ralston of the 7th and Reese of the 98th:
A BILL to be entitled an Act to amend Chapter 6 of the Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide legislative findings and intent; to provide for a program of electronic pretrial release and monitoring of criminal defendants; to provide the standards, terms, and conditions for such program; to provide for penalties for violating the terms of such program; to provide for fees for such monitoring; to provide for the payment of such fees by the sheriff under

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certain circumstances; to provide for the revocation of participation in such program under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 307. By Representatives Cole of the 125th and Ramsey of the 72nd:
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 provide for a fee to be imposed on hospitals to be used to obtain federal financial participation for medical assistance payments under Medicaid; to provide for application of the "Georgia Medical Assistance Act of 1977"; to revise definitions relating to quality assessment fees on care management organizations; to revise language relating to the maximum aggregate quality assessment fees which may be imposed; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 308. By Representatives Ralston of the 7th, Willard of the 49th, Oliver of the 83rd and Dobbs of the 53rd:
A BILL to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, so as to amend the "Georgia Limited Liability Company Act"; to provide certain technical corrections to previously enacted legislation; to clarify certain provisions in the existing statute; to make certain provisions consistent with parallel provisions in the Georgia Business Corporations Code; to clarify the provisions governing the operating agreement of a limited liability company and its binding effect; to provide for automatic resignation of a registered agent following the dissolution of a limited liability company; to provide that statutory liability for wrongful distributions is based solely on violations of the statutory limitations on distributions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 309. 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 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 310. By Representatives Gardner of the 57th, Burkhalter of the 50th, Smith of the 70th, Benfield of the 85th, Dobbs of the 53rd and others:
A BILL to be entitled an Act to amend Code Section 12-8-36 of the Official Code of Georgia Annotated, relating to state agency recycling and collection programs, so as to expand the state-wide recycling program for state agencies; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 311. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Code Section 20-3-266 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia Higher Education Assistance Corporation, so as to provide for guaranteed educational loans as a lender of last resort; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 312. By Representatives Hill of the 21st, Mills of the 25th, Coan of the 101st, Greene of the 149th, Knight of the 126th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to incorporate provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110-289; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.

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263

HR 220. 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 Transportation.

HR 229. By Representatives Geisinger of the 48th, Willard of the 49th, Benfield of the 85th, Oliver of the 83rd, Day of the 163rd and others:

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.

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

HB 280 HB 281 HB 282 HB 283 HB 284 HB 285 HB 286 HB 287 HB 288 HB 289

HB 290 HB 291 HB 292 HB 293 HB 294 HR 218 SB 13 SB 39 SR 44

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

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HR 33 HR 79

Do Pass 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 108 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 THURSDAY, FEBRUARY 5, 2009

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 80

Insurance contracts; corporations; employees covered; change minimum number (Ins-Maxwell-17th)

Modified Open Rule

None

Modified Structured Rule

None

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265

Structured Rule

HB 46 HB 121 HB 157

Sales and use tax; certain sales of dyed fuel oils; provide exemption (W&M-Roberts-154th) Revenue and taxation; prepaid state fuel tax; provide exemption (W&MCole-125th) Lottery shortfall reserve subaccounts; revise trigger reductions in HOPE; provisions (HEd-Harbin-118th)

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

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

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

Mr. Speaker:

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

SB 61. By Senator Hudgens of the 47th:

A BILL to be entitled an Act to amend Chapter 59 of Title 33 of the Official Code of Georgia Annotated, relating to life settlements, so as to provide a short title; to provide for definitions; to provide for license requirements for providers and registration requirements for life settlement 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 related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

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

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SB 61. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Chapter 59 of Title 33 of the Official Code of Georgia Annotated, relating to life settlements, so as to provide a short title; to provide for definitions; to provide for license requirements for providers and registration requirements for life settlement 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 related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
The Speaker Pro Tem assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Hugley of the 133rd, Collins of the 95th, Benfield of the 85th, Long of the 61st, Epps of the 140th, Smith of the 129th, and Glanton of the 76th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 33. By Representative Maddox of the 172nd:
A RESOLUTION declaring February 5, 2009, as Veterinary Medicine Day at the state capitol and inviting representatives from the Georgia Veterinary Medical Association to appear before the House of Representatives; and for other purposes.
HR 79. By Representatives Day of the 163rd, Horne of the 71st, Maddox of the 127th, Neal of the 1st, Talton of the 145th 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.

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267

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 157. By Representative Harbin of the 118th:

A BILL to be entitled an Act to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the lottery shortfall reserve subaccounts, so as to revise the amounts in the lottery accounts that trigger reductions in HOPE scholarship program benefits; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C
Epps, J E Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James 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 Lane, B Y Lane, R Y Levitas
Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B
Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, the ayes were 159, nays 0.

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

Due to a mechanical malfunction, the vote of Representative Jordan of the 77th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Day of the 163rd, Epps of the 140th, Lindsey of the 54th, 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 121. By Representatives Cole of the 125th, O`Neal of the 146th, Roberts of the 154th, Pruett of the 144th, McCall of the 30th 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 an exemption for a limited time with respect to the collection of any rate of prepaid state taxes as defined in paragraph (5.1) of Code Section 48-8-2 to the extent it differs from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it applies to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2; to provide for legislative findings; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C
Epps, J E Everson

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre

THURSDAY, FEBRUARY 5, 2009

269

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, D Y Collins, T Y Cooper Y Cox

E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B
Maddox, G Y Mangham

Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 166, nays 0.

Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representatives Day of the 163rd 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 46. By Representatives Roberts of the 154th, Golick of the 34th, Pruett of the 144th, Cole of the 125th, O`Neal of the 146th and others:

A BILL to be entitled an Act to amend Title 48 of the OC.G.A., relating to revenue and taxation, so as to provide for an exemption for a limited period of time with respect to state sales and use taxes applicable to sales of dyed fuel oils, as defined in paragraph (5.1) of Code Section 48-9-2, which are used exclusively for agricultural purposes, timber growing or harvesting purposes, or mining or construction purposes and used directly by such industry sectors for such purposes and not for highway use as defined in paragraph (8) of Code Section 48-9-2; to provide for legislative findings; 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 ratify an executive order of the Governor suspending the collection of such taxes; to repeal conflicting laws; and for other purposes.

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

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JOURNAL OF THE HOUSE

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J E Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers

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

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Day of the 163rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 80. By Representatives Maxwell of the 17th, Keen of the 179th, Meadows of the 5th, Smith of the 131st, Hembree of the 67th and others:

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

THURSDAY, FEBRUARY 5, 2009

271

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.

The report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard
Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J E Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B
Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall E Reece Y Reese Y Rice Y Roberts Y Rogers

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

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

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

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Representatives Day of the 163rd and Maddox of the 172nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 230. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A RESOLUTION commending Spc. Vincent Hancock, United States Army, Olympic gold medal winner from Putnam County, 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 231. By Representatives Neal of the 1st, Scott of the 2nd, Keen of the 179th and Cole of the 125th:
A RESOLUTION recognizing and commending Major Shannon Michael McConnell; and for other purposes.
HR 232. By Representatives Walker of the 107th, Dickson of the 6th, Yates of the 73rd and Knight of the 126th:
A RESOLUTION recognizing the contributions of senior Georgians and declaring the week of February 24, 2009, as Senior Week at the Capitol; and for other purposes.
HR 233. By Representatives Coan of the 101st and Sheldon of the 105th:
A RESOLUTION commending and congratulating Amanda Winslow, the Gwinnett Daily Post's Cross Country Runner of the Year, for winning her second Class AAAAA State Championship; and for other purposes.
HR 234. By Representatives McCall of the 30th, England of the 108th, Maddox of the 172nd, Burns of the 157th and Roberts of the 154th:
A RESOLUTION recognizing February 11, 2009, as Equine Youth Day at the state capitol; and for other purposes.
HR 235. By Representatives Dawkins-Haigler of the 93rd, Smyre of the 132nd, Stephenson of the 92nd, Mitchell of the 88th, Shipp of the 58th and others:

THURSDAY, FEBRUARY 5, 2009

273

A RESOLUTION recognizing and commending Bishop William Phillips DeVeaux; and for other purposes.
HR 236. By Representatives Dawkins-Haigler of the 93rd, Smyre of the 132nd, Sinkfield of the 60th, Shipp of the 58th, Mitchell of the 88th and others:
A RESOLUTION recognizing and commending Turner Theological Seminary; and for other purposes.
HR 237. By Representatives Coan of the 101st and Sheldon of the 105th:
A RESOLUTION congratulating the Collins High School Wrestling Team; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Appropriations and referred to the Committee on State Institutions & Property:
HB 295. By Representatives Lane of the 167th, Barnard of the 166th, Dollar of the 45th, Levitas of the 82nd and Weldon of the 3rd:
A BILL to be entitled an Act to establish "The Jail and Prison Reimbursement Act"; to amend Code Section 42-4-50 of the Official Code of Georgia Annotated, relating to definitions pertaining to medical services for inmates in jails, so as to provide for the recovery of costs for mental health and other related services; to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide for the reimbursement of medical and mental health care costs and related costs provided to an inmate by state, county, and private detention facilities; to provide for the repayment of designated costs of detention by certain inmates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
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:

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JOURNAL OF THE HOUSE

HB 64 HB 194 HB 217

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

Respectfully submitted, /s/ Cooper of the 41st
Chairman

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

Mr. Speaker:

Your Committee on Public Safety and Homeland Security has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 51 Do Pass, by Substitute HB 185 Do Pass

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

HB 116 HB 120 HB 181

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

HB 212 Do Pass HB 233 Do Pass, by Substitute

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

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275

The following communications were received:

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 30, 2009

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 6TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 6TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 6th Congressional District. Such caucus will be held on Thursday, February 19, 2009, at 2:30 P.M. The caucus will be held in the State Capitol Senate Chamber if available or at an alternate location to be posted later if the Senate Chamber is not available.

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

Sincerely,

/s/ Sewell R. Brumby Legislative Counsel

SRB:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

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JOURNAL OF THE HOUSE

January 30, 2009

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 10TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 10TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 10th Congressional District. Such caucus will be held on Thursday, February 19, 2009, at 3:30 P.M. The caucus will be held in the State Capitol Senate Chamber if available or at an alternate location to be posted later if the Senate Chamber is not available.

Members of the Senate from those senatorial districts embraced or partly embraced within the 10th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 10th Congressional District are eligible to participate in said caucus.

Sincerely,

/s/ Sewell R. Brumby Legislative Counsel

SRB:dd

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

January 30, 2009

TO:

MEMBERS OF THE GENERAL ASSEMBLY

FROM THE 12TH CONGRESSIONAL DISTRICT

RE:

CAUCUS TO ELECT 12TH CONGRESSIONAL DISTRICT

STATE TRANSPORTATION BOARD MEMBER

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277

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the 12th Congressional District. Such caucus will be held on Thursday, February 19, 2009, at 4:30 P.M. The caucus will be held in the State Capitol Senate Chamber if available or at an alternate location to be posted later if the Senate Chamber is not available.
Members of the Senate from those senatorial districts embraced or partly embraced within the 12th Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the 12th Congressional District are eligible to participate in said caucus.
Sincerely,
/s/ Sewell R. Brumby Legislative Counsel
SRB:dd
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 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Friday, February 6, 2009

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.

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

Abdul-Salaam Abrams Allison Amerson Anderson Ashe Austin Barnard Battles Bearden Beasley-Teague Benton Brooks E Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B E Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford

Davis, H Dawkins-Haigler Day Dempsey Dickson Dobbs Dooley Drenner Dukes Ehrhart England Epps, J Everson E Floyd Fludd Franklin Frazier Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Harden, B Harden, M E Heard E Heckstall Hembree

E Henson Hill, C Hill, C.A Holt Howard Hugley Jackson Jacobs James Jerguson
E Johnson, C Johnson, T Jones, J Jones, S Kaiser Keown Knight Knox Lane, B Lane, R Levitas Lindsey Loudermilk
E Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin

Maxwell May Mayo McCall McKillip Meadows Millar Mills Mitchell Morris Mosby Murphy Neal Nix O'Neal E Parham Parrish Parsons Peake Porter Powell, A Powell, J Pruett Ralston Randall E Reece Rice Roberts E Rogers Rynders

Scott, A Scott, M Setzler Shaw E Sheldon Sims, B Sims, C Smith, B Smith, L Smith, R Smith, T Smith, V Smyre Stephens, M Stephens, R Stephenson Talton Teilhet Thomas Thompson Walker Weldon 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 Baker of the 78th, Benfield of the 85th, Bruce of the 64th, Butler of the 18th, Cole of the 125th, Davis of the 109th, Dollar of the 45th, Fullerton of the 151st, Hatfield of the 177th, Horne of the 71st, Houston of the 170th, Hudson of the 124th, Jordan of the 77th, Lucas of the 139th, Morgan of the 39th, Ramsey of the 72nd, Reese of the 98th, Shipp of the 58th, Sinkfield of the 60th, Taylor of the 55th, and Wix of the 33rd.

They wish to be recorded as present.

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Prayer was offered by Dr. Johnny Hunt, First Baptist Church of Woodstock, Woodstock, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 313. By Representatives Hembree of the 67th and Millar of the 79th:
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 within the "Quality Basic Education Act," so as to revise certain provisions relating to calculating grade point averages for purposes of determining eligibility for enrollment and scholarships for postsecondary education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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HB 314. By Representatives Beasley-Teague of the 65th and Horne of the 71st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Palmetto ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older and whose income, excluding certain retirement income, does not exceed $16,000.00; 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 315. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require that certain disclosures be made in writing; to clarify that all valuable consideration obtained in a real estate transaction shall be disclosed; to clarify that the amounts of referral fees shall be disclosed; 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 316. By Representatives Ehrhart of the 36th and McCall of the 30th:
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 317. By Representatives Horne of the 71st, Everson of the 106th, Hembree of the 67th, Scott of the 2nd and Powell of the 29th:
A BILL to be entitled an Act to amend Part 2 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to motorcycles, so as to exempt certain persons from the provisions requiring operators or

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riders to use protective headgear; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 318. By Representatives McCall of the 30th and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 319. 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 320. By Representatives Pruett of the 144th, Sellier of the 136th, Harden of the 28th, Hembree of the 67th and Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 47-2-318 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia of officers and employees of the Georgia Environmental Facilities Authority, creditable service, and contributions, so as to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority; 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 Retirement.

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HB 321. By Representatives Davis of the 109th and Rogers of the 26th:
A BILL to be entitled an Act to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 322. 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 323. 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 324. By Representatives Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedure for appeals to superior or state court, so as to require the payment of costs of the tribunal appealed from before hearing of an appeal in state court, in the same manner as currently required in superior court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 325. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the Department of Human Resources to require fingerprinting and criminal background investigations of all applicants for licensure and license renewal as emergency medical services personnel; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.
HB 326. By Representatives Lane of the 158th, Knight of the 126th, Williams of the 165th, Burns of the 157th, Dobbs of the 53rd and others:
A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to change certain provisions relating to effective periods of hunting, fishing, and trapping licenses generally; to amend an Act to amend Title 27 of the O.C.G.A., approved March 10, 1992 (Ga. L. 1992, page 470), so as to delete certain provisions relating to reduction of game and fish license, permit, tag, and stamp fees; to amend an Act to amend Title 27 of the O.C.G.A., approved June 3, 2003 (Ga. L. 2003, page 654), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to amend an Act to amend Article 1 of Chapter 2 of Title 27 of the O.C.G.A., approved May 5, 2005 (Ga. L. 2005, page 517), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 327. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Azalea International Folk Fair and Dance Competition as Georgia's Official International Festival; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.

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HB 328. By Representatives Lane of the 158th, Williams of the 165th, McCall of the 30th, Roberts of the 154th, Barnard of the 166th and others:
A BILL to be entitled an Act to amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, so as to limit the amount of storage fees charged for nonconsensually towed trespassing vehicles; to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to regulate the towing of vehicles from public roads and storage of such vehicles; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 329. By Representatives Golick of the 34th, Knox of the 24th, Hatfield of the 177th, Ramsey of the 72nd, Bearden of the 68th and others:
A BILL to be entitled an Act to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated and suspended sentences, so as to change provisions relating to the maximum period of revocation after commission of a crime; to provide that for this purpose.
Referred to the Committee on Judiciary Non-Civil.
HB 330. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Knox of the 24th, Marin of the 96th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to service of decisions of an administrative law judge and decisions of the appellate division; to provide that an employee's waiver of confidentiality includes past medical history with respect to any condition or complaint related to the condition for which the employee claims compensation; to provide that final settlement payments are to be paid by the employer to a person or corporation appointed by the superior court in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.

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HB 331. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; 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 332. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; 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 333. By Representative Knight of the 126th:
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 pertaining to the Georgia Building Authority, so as to exempt the authority from certain sales and use tax; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 334. By Representatives Knight of the 126th, Peake of the 137th, O`Neal of the 146th and Roberts of the 154th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of revenue and taxation, so as to change certain provisions regarding forms of payment; to provide for penalties when taxpayers who are required to file electronically do not do so; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 335. By Representatives Knight of the 126th, Peake of the 137th and O`Neal of the 146th:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 295 HB 296 HB 297 HB 298 HB 299 HB 300 HB 301 HB 302 HB 303 HB 304 HB 305

HB 306 HB 307 HB 308 HB 309 HB 310 HB 311 HB 312 HR 220 HR 229 SB 61

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:

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HB 98 HB 114 HB 164

Do Pass Do Pass Do Pass

HB 178 HB 179 HB 265

Do Pass Do Pass Do Pass

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

Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 29 HB 220 HB 221

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

Respectfully submitted, /s/ Willard of the 49th
Chairman

Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report:

Mr. Speaker:

Your Committee on Regulated Industries has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 102 Do Pass, by Substitute HB 231 Do Pass

Respectfully submitted, /s/ Williams of the 4th
Chairman

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

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HOUSE RULES CALENDAR FRIDAY, FEBRUARY 6, 2009

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 128 HB 210

Disabled veterans and blind persons; eligibility certificate; provisions (HumR-Benton-31st) Georgia Judicial Retirement System; employer contributions; clarify (RetMeadows-5th)

Modified Open Rule

None

Modified Structured Rule

HB 69

Cardiopulmonary resuscitation; nonresuscitation; provide (H&HSJerguson-22nd) (Rules Committee Substitute)

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

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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 for membership on the Athens-Clarke County Industrial Development 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 114. By Representative Holt of the 112th:
A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Newborn, approved June 3, 2003 (Ga. L. 2003, p. 4397), so as to change the terms of office of the members of the town council from concurrent to staggered terms of office; to provide for continuation in office of certain current councilmembers; to provide for election and terms of office of subsequent councilmembers; to clarify certain requirements regarding the election of the mayor and members of the town council; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 164. By Representative Butler of the 18th:
A BILL to be entitled an Act to provide a new charter for the City of Bremen; to provide for incorporation, boundaries, and powers of the city within the counties of Haralson and Carroll; 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 other matters relative to the foregoing; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 178. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act providing 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 179. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act providing 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 265. By Representative Pruett of the 144th:
A BILL to be entitled an Act to provide a new charter for the Town of Rhine; to change the name "Town of Rhine" to "City of Rhine"; 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

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tempore or vice mayor and certain duties, powers, and other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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

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 Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce E 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, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England
Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield E Heard

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey
Long Y Loudermilk
Lucas E Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal E Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts E Rogers

On the passage of the Bills, the ayes were 151, nays 0.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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The Bills, having received the requisite constitutional majority, were passed.
Representatives Baker of the 78th, Hatfield of the 177th, 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 Bill of the House was withdrawn from the Committee on Education and referred to the Committee on Appropriations:
HB 198. By Representatives Williams of the 178th, Roberts of the 154th, Jones of the 46th, Ramsey of the 72nd, Peake of the 137th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a full-day kindergarten program for a minimum of 810 hours per school year; to require a minimum number of hours of education annually to students based on grade level; to revise certain provisions relating to the base pay of school food and nutrition personnel for purposes of conformity; to require that the residential high school program for gifted youth is operated a minimum number of hours annually; to revise the definition of "school year" relating to teacher contracts for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on State Institutions & Property:
HB 226. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Black of the 174th, Sellier of the 136th and others:
A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

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293

Mr. Speaker:

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

SB 8.

By Senators Murphy of the 27th, Hawkins of the 49th, Williams of the 19th and Thomas of the 54th:

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 provide for possession and self-administration of auto-injectable epinephrine by students; to provide for a definition; to provide for local board of education policies; to provide for requirements and conditions; to provide for disciplinary action for misuse of auto-injectable epinephrine; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 43. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to boll weevil eradication, so as to change certain provisions relating to definitions; to change certain provisions relating to the assessment for suppression and eradication programs and conditions of assessments; to change certain provisions relating to penalties; 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 8.

By Senators Murphy of the 27th, Hawkins of the 49th, Williams of the 19th and Thomas of the 54th:

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 provide for possession and self-administration of auto-injectable epinephrine by students; to provide for a definition; to provide for local board of education policies; to provide for requirements and conditions; to provide for disciplinary action for misuse of auto-injectable epinephrine; to provide for limited liability; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

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SB 43. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to boll weevil eradication, so as to change certain provisions relating to definitions; to change certain provisions relating to the assessment for suppression and eradication programs and conditions of assessments; to change certain provisions relating to penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
The following members were recognized during the period of Morning Orders and addressed the House:
Carter of the 159th, Franklin of the 43rd, Brooks of the 63rd, Byrd of the 20th, Fludd of the 66th, and Hill of the 180th.
The following Resolution of the House was read:
HR 238. 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 2009 regular session of the General Assembly for the period of February 6, 2009, through June 22, 2009, shall be as follows:
Friday, February 6 ................................................................... in session for legislative day 15 Saturday, February 7 through Monday, February 9 ................ in adjournment Tuesday, February 10 .............................................................. in session for legislative day 16 Wednesday, February 11 ......................................................... in session for legislative day 17 Thursday, February 12 ............................................................ in session for legislative day 18 Friday, February 13 through Monday, February 16 ................ in adjournment Tuesday, February 17 .............................................................. in session for legislative day 19 Wednesday, February 18 ......................................................... in session for legislative day 20 Thursday, February 19 ............................................................ in session for legislative day 21 Friday, February 20 through Monday, February 23 ................ in adjournment Tuesday, February 24 .............................................................. in session for legislative day 22 Wednesday, February 25 ......................................................... in session for legislative day 23 Thursday, February 26 ............................................................ in session for legislative day 24 Friday, February 27 through Monday, March 2 ...................... in adjournment Tuesday, March 3 .................................................................... in session for legislative day 25

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Wednesday, March 4 ............................................................... in session for legislative day 26 Thursday, March 5 .................................................................. in session for legislative day 27 Friday, March 6 through Sunday, March 8 ............................. in adjournment Monday, March 9 .................................................................... in session for legislative day 28 Tuesday, March 10 .................................................................. in session for legislative day 29 Wednesday, March 11 ............................................................. in adjournment Thursday, March 12 ................................................................ in session for legislative day 30 Friday, March 13 through Monday, March 16 ........................ in adjournment Tuesday, March 17 .................................................................. in session for legislative day 31 Wednesday, March 18 ............................................................. in session for legislative day 32 Thursday, March 19 ................................................................ in session for legislative day 33 Friday, March 20 through Monday, March 23 ........................ in adjournment Tuesday, March 24 .................................................................. in session for legislative day 34 Wednesday, March 25 ............................................................. in session for legislative day 35 Thursday, March 26 through Sunday, June 21........................ in adjournment Monday, June 22 ..................................................................... in session for legislative day 36

BE IT FURTHER RESOLVED that on and after June 22, 2009, the periods of adjournment of the 2009 session, if any, shall be as specified by subsequent resolution of the General Assembly.

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet

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Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard

Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey
Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts E Rogers

On the adoption of the Resolution, the ayes were 165, nays 0.

Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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 69. By Representatives Jerguson of the 22nd, Cooper of the 41st, Channell of the 116th, Mitchell of the 88th and Kaiser of the 59th:

A BILL to be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to clarify provisions relating to a candidate for nonresuscitation and authorization for an order not to resuscitate and to remove statutory ambiguity; 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 Code Section 31-39-4 of the Official Code of Georgia Annotated, relating to persons authorized to issue an order not to resuscitate, so as to clarify provisions relating to a candidate for nonresuscitation and authorization for an order not to resuscitate and to remove statutory ambiguity; to provide for related matters; to repeal conflicting laws; and for other purposes.

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297

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 31-39-4 of the Official Code of Georgia Annotated, relating to persons authorized to issue an order not to resuscitate, is amended by revising subsection (a) as follows:
"(a) Where consent by an authorized person has been given pursuant to subsection (b), (c), or (d) of this Code section, the attending physician may issue an order not to resuscitate a candidate for nonresuscitation pursuant to the requirements of this chapter without the concurrence of another physician, notwithstanding the provisions of paragraph (4) of Code Section 31-39-2. Where two or more physicians concur pursuant to subsection (e) of this Code section, It shall be lawful for the attending physician to may issue an order not to resuscitate a candidate for nonresuscitation pursuant to the requirements of this chapter. Any written order issued by the attending physician using the term 'do not resuscitate,' 'DNR,' 'order not to resuscitate,' 'no code,' or substantially similar language in the patient's chart shall constitute a legally sufficient order and shall authorize a physician, health care professional, or emergency medical technician to withhold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order."

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:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B

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Y Benfield Y Benton Y Black Y Brooks Y Bruce E Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper N Cox

Y Ehrhart Y England
Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard

Y Jacobs Y James 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 Lindsey
Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G Y Mangham

Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts E Rogers

Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 4.

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

Representative Scott of the 2nd stated that he inadvertently voted "aye" on the preceding roll call. He 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.

HB 210. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:

A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to clarify who shall pay the employer contributions for certain 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.

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299

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Brooks Y Bruce E 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 E Coleman E Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey
Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip
Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts E Rogers

On the passage of the Bill, the ayes were 159, nays 0.

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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 128. 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

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engaging in peddling, operating businesses, or practicing professions, so as to provide that a certificate of eligibility for an exemption from occupation taxes, administrative fees, and regulatory fees shall be valid for a period of ten years; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield E Heard

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey
Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby
Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece
Reese Y Rice Y Roberts E Rogers

On the passage of the Bill, the ayes were 160, nays 0.

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E E Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

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301

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.

Pursuant to Article III, Section V, Paragraph XIII of the Constitution, Representative Keen of the 179th moved that the House now order that upon receipt by the Clerk of a message or messages that the Senate has passed HB 143 without amendment and has ordered its transmittal to the Governor, the Clerk shall then immediately transmit HB 143 to the Governor.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N 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 E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley Y Drenner
Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin N Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield E Heard

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson N Hugley
Jackson Y Jacobs Y James Y Jerguson E Johnson, C N Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey
Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 135, nays 26.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris N Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts E Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E E Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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The motion prevailed.
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 Resolution of the House was read and referred to the Committee on Rules:
HR 249. By Representatives Sellier of the 136th, Greene of the 149th, Harden of the 147th, Cooper of the 41st and O`Neal of the 146th:
A RESOLUTION commending the Georgia Peach Festival and inviting the 2009 Georgia Peach Queens to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 239. By Representatives Scott of the 2nd and Neal of the 1st:
A RESOLUTION recognizing and commending Mr. Wesley E. Hixon; and for other purposes.
HR 240. By Representative Crawford of the 16th:
A RESOLUTION recognizing and commending Emory Chaffin; and for other purposes.
HR 243. By Representatives Sheldon of the 105th, Channell of the 116th, Houston of the 170th, Carter of the 175th and Shaw of the 176th:
A RESOLUTION recognizing February 10, 2009, as "Community Health Centers Day"; and for other purposes.
HR 244. By Representatives Teilhet of the 40th, Dooley of the 38th, Morgan of the 39th, Johnson of the 37th and Wix of the 33rd:
A RESOLUTION honoring the life and memory of Mrs. Anne Whitlow Johnston; and for other purposes.
HR 245. By Representatives Hill of the 180th, Sims of the 119th, Dempsey of the 13th, Jerguson of the 22nd, Barnard of the 166th and others:

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303

A RESOLUTION recognizing February 6, 2009, as "National Wear Red Day" at the State Capitol; and for other purposes.
HR 246. By Representatives Oliver of the 83rd, Ashe of the 56th, Drenner of the 86th, Wilkinson of the 52nd, Geisinger of the 48th and others:
A RESOLUTION declaring Tuesday, March 3, 2009, as "Georgia Rides to the Capitol Day"; and for other purposes.
HR 247. By Representatives Cole of the 125th, Burns of the 157th, Smith of the 129th, Black of the 174th, O`Neal of the 146th and others:
A RESOLUTION recognizing February 5, 2009, as "Forestry Day at the Capitol"; and for other purposes.
HR 248. By Representatives Gardner of the 57th, Geisinger of the 48th, 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 entities; and for other purposes.
HR 250. By Representatives Byrd of the 20th, Hill of the 21st, Hamilton of the 23rd and Jerguson of the 22nd:
A RESOLUTION recognizing and commending Ms. Marguerite Cline; and for other purposes.
HR 251. By Representatives Byrd of the 20th, Jerguson of the 22nd, Hamilton of the 23rd and Hill of the 21st:
A RESOLUTION recognizing and commending Charlie Brown; and for other purposes.
HR 252. By Representatives Smith of the 113th, McCall of the 30th, Maddox of the 172nd, England of the 108th, Hill of the 180th and others:
A RESOLUTION recognizing and commending Dr. Roger "Bo" Coleman Ryles, Jr., for outstanding contributions to youth development in the State of Georgia; and for other purposes.

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HR 253. By Representative Brooks of the 63rd:
A RESOLUTION recognizing and commending Mr. Garfield Hammonds, Jr., on the occasion of his retirement from the Georgia Board of Pardons and Paroles; and for other purposes.
HR 254. By Representative May of the 111th:
A RESOLUTION recognizing and commending the 2008 National Champions in Horse Management; and for other purposes.
HR 255. By Representative Beasley-Teague of the 65th:
A RESOLUTION honoring the life and memory of Mr. Jakoba Jerod Mildton; and for other purposes.
HR 256. By Representatives Brooks of the 63rd, Jones of the 44th, Mangham of the 94th, Jackson of the 142nd and Taylor of the 55th:
A RESOLUTION commending Reverend Dr. Cameron Madison Alexander; and for other purposes.
HR 257. By Representative Sims of the 169th:
A RESOLUTION recognizing and commending the Douglas-Coffee County Economic Development Authority and more than 50 years of successful economic planning and development in Douglas-Coffee County; and for other purposes.
HR 258. By Representative Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending Mr. Godwin Olajide Onabonjo; and for other purposes.
The Speaker announced the House in recess until five minutes after the disposition of HB 143 by the Senate. Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned at 12:30 o'clock, P.M., and will reconvene at 10:00 o'clock, A.M., Tuesday, February 10, 2009.

TUESDAY, FEBRUARY 10, 2009

305

Representative Hall, Atlanta, Georgia

Tuesday, February 10, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden Beasley-Teague Benton Black Brooks Bruce E Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Chambers Channell Cheokas E Coan Coleman Collins, D Collins, T Cooper

Cox Crawford Davis, H Davis, S Dawkins-Haigler Day Dempsey Dickson Dobbs Dooley Drenner Dukes Ehrhart England Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Greene Hamilton Hanner Harden, B Harden, M Heard Heckstall

Hembree E Henson
Hill, C.A Holt Houston Howard Hugley Jackson Jacobs E James Jerguson Johnson, C Johnson, T Jones, J E Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lunsford Maddox, B Maddox, G Mangham Marin

Martin Maxwell May Mayo McCall McKillip Mills E Mitchell E Morgan Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parsons Peake Porter Powell, A Powell, J Pruett Ralston Ramsey Randall Reese Rice Roberts Rogers Rynders

Scott, A Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, C Smith, B E Smith, L Smith, R Smith, T Smith, V Smyre Stephens, M Stephens, R E Stephenson Talton Taylor Teilhet Thomas Thompson 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 Cole of the 125th, Dollar of the 45th, Epps of the 128th, Floyd of the 99th, Golick of the 34th, Graves of the 12th, Harbin of the 118th, Hatfield of the 177th, Hill of the 21st, Horne of the 71st, Hudson of the 124th, Jordan of the 77th, Lucas of the 139th, Manning of the 32nd, Meadows of the 5th, Millar of the 79th, Parrish of the 156th, Reece of the 11th, Sinkfield of the 60th, Walker of the 107th, Weldon of the 3rd, and Willard of the 49th.

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They wish to be recorded as present.
Prayer was offered by Dr. Landson F. Mills, III, Christ Church Frederica, St. Simons Island, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 336. By Representatives Stephens of the 164th and Dollar of the 45th:
A BILL to be entitled an Act to amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to the assessment of effectiveness of educational programs under the "Quality Basic Education Act," so as to provide for the establishment of testing windows for state assessments which are relative to a local school system's school calendar; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

TUESDAY, FEBRUARY 10, 2009

307

HB 337. By Representatives Sheldon of the 105th, Cooper of the 41st, Roberts of the 154th, Butler of the 18th, Gardner of the 57th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to require the establishment of a career track program to recruit and retain nurses in the public health system; to provide for implementation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 338. By Representatives Kaiser of the 59th, Hembree of the 67th, Ashe of the 56th, Teilhet of the 40th, Epps of the 128th 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 an income deduction for the combined amount of any AmeriCorps living allowance payments and AmeriCorps education award; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 339. By Representatives Gardner of the 57th, Ralston of the 7th, Oliver of the 83rd, Lindsey of the 54th, Stephenson of the 92nd and others:
A BILL to be entitled an Act to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide a means for a competent adult to control either directly through instructions written in advance or indirectly through appointing an agent to make mental health care decisions on behalf of such person according to a written psychiatric advance directive; to provide for the responsibilities and duties of physicians and other mental health care providers and agents under psychiatric advance directives; to provide a statutory psychiatric advance directive form; to provide for construction of such form; to provide for applicability; to provide for statutory construction of chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 340. By Representatives Kaiser of the 59th, Ashe of the 56th, Hill of the 180th, Sims of the 119th, Dempsey of the 13th and others:

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A BILL to be entitled an Act to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to prohibit sheriffs or deputies thereof from turning out debtors or tenants in certain cases unless certain notice requirements have been met; to change certain provisions relating to sales made on foreclosure under power of sale, manner of advertisement and conduct necessary for validity, and filing; to change certain provisions relating to sales made on foreclosure under power of sale, mailing or delivery of notice to debtor, and procedure; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 341. By Representatives Kaiser of the 59th, Yates of the 73rd, Glanton of the 76th, Collins of the 27th, Amerson of the 9th and others:
A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, so as to provide for the number of free special license plates which may be issued to any such award recipient; to provide for additional special license plates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 342. By Representatives Rogers of the 26th, Knox of the 24th, Rice of the 51st, Cooper of the 41st and Heard of the 114th:
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 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 Insurance.
HB 343. By Representatives Collins of the 27th, Chambers of the 81st, Martin of the 47th, Hamilton of the 23rd, Day of the 163rd and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to create civilian weight inspectors for motor carriers; to provide for powers and duties; to provide for restrictions of power; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.

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HB 344. By Representatives Davis of the 109th, Barnard of the 166th, Jerguson of the 22nd and Horne of the 71st:
A BILL to be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize the Department of Corrections to establish and collect additional fees for services rendered to a felony defendant sentenced to a day reporting center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 345. By Representatives Coleman of the 97th, Hembree of the 67th and Buckner of the 130th:
A BILL to be entitled an Act to amend Code Section 47-3-101 of the Official Code of Georgia Annotated, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, duration of benefits paid to a retired member, and payment to maintain such retirement system, so as to provide that a member with at least five years of membership service shall be vested for a benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 346. By Representatives Buckner of the 130th, Hill of the 180th and Abrams of the 84th:
A BILL to be entitled an Act to amend Code Section 26-4-191 of the Official Code of Georgia Annotated, relating to definitions relative to utilization of unused prescription drugs, so as to revise the definition of "health care facility"; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 347. By Representatives England of the 108th, Roberts of the 154th, May of the 111th, Knight of the 126th, Shaw of the 176th and others:

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A BILL to be entitled an Act to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxes, so as to change the definition of sales price for purposes of such tax; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 348. By Representatives Graves of the 12th, Roberts of the 154th, McCall of the 30th, Jerguson of the 22nd, Coan of the 101st and others:
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 provide that no ad valorem tax shall be charged on any heavy-duty equipment motor vehicle except during the taxable year in which it is purchased; to provide for related matters; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 349. By Representatives Burkhalter of the 50th, Smyre of the 132nd, Brooks of the 63rd, Harbin of the 118th, Everson of the 106th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property to, or used in or for the new construction of, a civil rights museum; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 350. By Representatives Martin of the 47th and Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, so as to provide conditions for claiming exemptions by hospitals and other organizations that provide emergency health care services to inmates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.

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HB 351. By Representatives Loudermilk of the 14th, Rice of the 51st, Coan of the 101st, Mills of the 25th, Walker of the 107th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 49 of the Official Code of Georgia Annotated, relating to family-planning services, so as to define certain terms; to authorize agencies to provide medical referral services under certain conditions; to require parental notification for an unemancipated minor to receive medical referral services or birth control devices; to change certain provisions relating to right to refuse services; to change certain provisions relating to right of employee to refuse to offer services; to change certain provisions relating to plans and programs to carry out chapter; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 352. By Representatives Williams of the 4th, Dickson of the 6th, Willard of the 49th, Jerguson of the 22nd, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Code Section 3-3-7 of the O.C.G.A., relating to the local authorization and regulation of sales of alcoholic beverages on Sunday, so as to provide that in each county or municipality in which package sales of only malt beverages and wine by retailers is lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by a retailer of malt beverages and wine on Sundays from 12:30 P.M. until 7:00 P.M., if approved by referendum; to provide that in each county or municipality in which package sales of malt beverages, wine, and distilled spirits by retailers are all lawful, the governing authority of the county or municipality, as appropriate, may authorize package sales by a retailer of malt beverages, wine, and distilled spirits on Sundays from 12:30 P.M. until 7:00 P.M., if approved by referendum; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 353. By Representatives Williams of the 4th, Dickson of the 6th and Jerguson of the 22nd:
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 change certain provisions of the "Georgia Alcoholic Beverage Code"; to provide a definition of the term "flavored malt beverage"; to change certain provisions relating to

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the maintenance of records of alcoholic beverages manufactured, purchased, or sold; to change certain provisions relating to the filing of bonds with applications for renewal of licenses; to change certain provisions relating to tax payment and reporting by licensees; to provide a date by which taxes must be paid for distilled spirits sold by the package or disposed of by wholesale dealers; to declare certain distilled spirits to be contraband; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 354. By Representatives Walker of the 107th, Cooper of the 41st, Maddox of the 172nd and Manning of the 32nd:
A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to transfer the functions, duties, and employees of the Division of Aging Services of the Department of Human Resources to a newly established Department of Aging; to revise various titles of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 355. By Representatives Williams of the 4th, Dickson of the 6th and Jerguson of the 22nd:
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 change certain provisions relating to the excise tax on certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide exemptions from certain taxes; to authorize the collection and payment on the first taxable transaction; to change certain provisions regarding civil and criminal 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 Ways & Means.
HB 356. By Representatives Fludd of the 66th, Smyre of the 132nd, Porter of the 143rd, Kaiser of the 59th, Abrams of the 84th and others:

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A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise substantially the manner and method of collecting local sales and use taxes; to change certain provisions regarding collection of certain local taxes by the state revenue commissioner; to provide for certain procedures and limitations with respect to private collecting firms; to provide for a definition; to change certain provisions regarding administration and collection of the joint county and municipal sales and use tax; to change certain provisions regarding required information on sales tax returns; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 357. By Representatives Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding court reporters, so as to provide for certain notice requirements regarding a party's access to a court reporter; to amend Article 3 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure of state courts, so as to provide for a requirement when providing a court reporter; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 358. 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 taxation, so as to extend the periods of exemption for use of food for hunger relief purposes and use of food donated for disaster relief purposes; 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 359. 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 taxes, so as to extend for a limited period of time an exemption with respect to

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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 360. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to authorize refunds to credit card issuers for certain gasoline or fuel sales to tax-exempt entities; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 361. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to enact the "Safe Medications Practice Act"; to provide for a short title; to provide legislative intent; to provide definitions; to provide for collaboration between physicians, hospital pharmacists, and other clinical health care practitioners on drug management therapy for a patient in an institutional setting; 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 Health & Human Services.
HB 362. By Representative Stephens of the 164th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions relative to condemnation procedure generally, so as to require that the condemnation of property by a utility pursuant to the power of eminent domain must be approved by the governing authority of the municipality or county in which the property is located; 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.

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HB 363. By Representative Stephens of the 164th:
A BILL to be entitled an Act 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 add a definition; to revise certain provisions relating to funding priorities of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 364. By Representatives Stephens of the 164th, Burkhalter of the 50th and Fludd of the 66th:
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 regarding the sale or use of an airplane flight simulation training device approved by the Federal Aviation Administration under Appendices A and B, 14 C.F.R. Part 60; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 365. By Representatives Jerguson of the 22nd, Wix of the 33rd, Casas of the 103rd and Hill of the 21st:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to authorize the imposition of a local option sales and use tax for transportation projects and costs within special districts; to establish special districts; to provide for procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 366. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating and establishing the Metter-Candler County Airport Authority, approved March 25, 1986 (Ga. L. 1986, p. 4638), as amended, so as to modify provisions relating to minimum meeting requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 367. By Representative Knight of the 126th:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to provide for permits for the construction and maintenance of boat shelters on High Falls Lake; to provide for a transition period; to provide for a fee; to provide for inspections; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

HR 241. By Representatives Hugley of the 133rd, Smyre of the 132nd, Smith of the 129th, Smith of the 131st and Buckner of the 130th:

A RESOLUTION designating the interchange at Interstate Highway 85 and St. Mary's Road in Muscogee County as the "George W. Ford, Jr. Interchange"; and for other purposes.

Referred to the Committee on Transportation.

HR 242. By Representative Davis of the 109th:

A RESOLUTION honoring the lives of William Raleigh Cook and Mamie Steele Cook and dedicating a lasting memorial in their memory; and for other purposes.

Referred to the Committee on Transportation.

HR 259. By Representatives Smyre of the 132nd, Manning of the 32nd, Porter of the 143rd, Jones of the 44th, Burkhalter of the 50th and others:

A RESOLUTION requesting that the President of the United States and his administration continue the uninterrupted production of the F-22 Raptor; and for other purposes.

Referred to the Committee on Defense & Veterans Affairs.

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

HB 313 HB 314 HB 315

HB 326 HB 327 HB 328

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317

HB 316 HB 317 HB 318 HB 319 HB 320 HB 321 HB 322 HB 323 HB 324 HB 325

HB 329 HB 330 HB 331 HB 332 HB 333 HB 334 HB 335 SB 8 SB 43

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 122 Do Pass HR 123 Do Pass
The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 10, 2009

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 16th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 140

Georgia Bureau of Investigation; state-wide "Blue Alert" system; create (Substitute)(JudyNC-Jacobs-80th)

Modified Open Rule

None

Modified Structured Rule

HB 194

Brand name drugs; substitute generic drugs; provisions (Substitute)(H&HSMillar-79th)

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Structured Rule
HB 212 Sales and use tax; jet fuel; continue exemption (W&M-Burkhalter-50th)
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 messages were 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 83. By Senators Rogers of the 21st, Williams of the 19th, Chance of the 16th, Pearson of the 51st, Hill of the 4th 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 increase the amount of the state-wide homestead exemption from all ad valorem taxation for state, county, and school purposes from $2,000.00 to $4,000.00 with automatic future adjustments; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a special election; to provide for automatic repeal under certain circumstances; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 238. By Representative Keen of the 179th:
A RESOLUTION relative to adjournment; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:

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319

HB 143. By Representatives O`Neal of the 146th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th and Ehrhart of the 36th:

A BILL to be entitled an Act to amend Title 36 and Title 45 of the Official Code of Georgia Annotated, relating, respectively, to local government and public officers and employees, so as to change the manner and method of appropriating funds for homeowner tax relief grants; to provide for procedures, conditions, and limitations; to change certain provisions regarding certain reservation authority for appropriations; 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 83.

By Senators Rogers of the 21st, Williams of the 19th, Chance of the 16th, Pearson of the 51st, Hill of the 4th 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 increase the amount of the state-wide homestead exemption from all ad valorem taxation for state, county, and school purposes from $2,000.00 to $4,000.00 with automatic future adjustments; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a special election; to provide for automatic repeal under certain circumstances; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

The Speaker Pro Tem assumed the Chair.

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

Baker of the 78th, Williams of the 89th, Fludd of the 66th, Howard of the 121st, Shipp of the 58th, Mosby of the 90th, and Cheokas of the 134th.

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

HR 122. By Representatives McCall of the 30th, England of the 108th, Roberts of the 154th, Black of the 174th, Sellier of the 136th and others:

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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 123. By Representatives McCall of the 30th, England of the 108th, Anderson of the 117th, Maddox of the 127th and Benton of the 31st:

A RESOLUTION commending Mr. William Donald Childs on his retirement and inviting him 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 212. By Representatives Burkhalter of the 50th, Keen of the 179th and O`Neal of the 146th:

A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to continue for a limited period of time the partial exemption from the state sales and use tax on certain sales or uses of jet fuel; to continue for a limited period of time the exemption from a certain local sales and use tax on certain sales or uses of jet fuel; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the 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 Allison
Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague N Benfield

N Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart

Y Heckstall Y Hembree E Henson
Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip E Meadows Y Millar Y Mills E Mitchell E Morgan

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

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321

Y Benton Y Black Y Brooks Y Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B
Harden, M Y Hatfield N Heard

E James Y Jerguson N Johnson, C N 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 Lindsey Y Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece
Reese Y Rice Y Roberts
Rogers

On the passage of the Bill, the ayes were 132, nays 31.

Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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

Representatives Mangham of the 94th and Reese of the 98th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Meadows of the 5th was excused 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 "nay" thereon.

Representative Collins of the 95th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 194. By Representatives Millar of the 79th, Cooper of the 41st, Rice of the 51st, Hugley of the 133rd and Teilhet of the 40th:

A BILL to be entitled an Act to amend Code Section 26-4-81 of the Official Code of Georgia Annotated, relating to substitution of generic drugs for brand name drugs, so as to provide that when a substitution is made certain

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information relative to the substitution must appear on the prescription label and be affixed to the container or an auxiliary label; 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 26-4-81 of the Official Code of Georgia Annotated, relating to substitution of generic drugs for brand name drugs, so as to provide that when a substitution is made certain information relative to the substitution must appear on the prescription label and be affixed to the container or an auxiliary label; 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 26-4-81 of the Official Code of Georgia Annotated, relating to substitution of generic drugs for brand name drugs, is amended by revising subsection (d) as follows:
"(d)(1) Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product and its manufacturer. Such prescription shall be made available for inspection by the board or its representative in accordance with the rules of the board. (2) If a pharmacist substitutes a generic drug product for a brand name prescribed drug product when dispensing a prescribed medication, the brand name and the generic name of the drug product, with an explanation of 'generic for (insert name of brand name prescribed drug product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the drug may not appear upon the prescription label."
SECTION 2. This Act shall become effective on October 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.

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323

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 Allison Y Amerson
Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 0.

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

Representatives Anderson of the 117th and Mangham of the 94th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, the following Bill of the House was withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

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HB 140. By Representatives Jacobs of the 80th, Willard of the 49th, Chambers of the 81st, Bearden of the 68th, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to create a state-wide "Blue Alert" system to speed the apprehension of violent criminals who kill or seriously injure local, state, or federal law enforcement officers; to provide for definitions; to provide for procedure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 260. By Representative Harbin of the 118th:
A RESOLUTION recognizing and commending Mr. Ryan Klesko on the occasion of his retirement from Major League Baseball and inviting him to appear before the House of Representatives; and for other purposes.
HR 276. By Representatives Everson of the 106th, James of the 135th, Stephens of the 161st and Jordan of the 77th:
A RESOLUTION commending Alpha Phi Alpha Fraternity, Inc., and the Georgia District Chapters and inviting the Georgia District Director and representatives of Alpha Phi Alpha Fraternity Inc., to appear before the House of Representatives; and for other purposes.
HR 277. By Representatives James of the 135th and Sellier of the 136th:
A RESOLUTION honoring the life and memory of Mr. Robert Thomas Church Sr., and inviting his family to appear before the House of Representatives; and for other purposes.
HR 278. By Representative Carter of the 159th:
A RESOLUTION honoring the life and memory of Mrs. Florence Wald and inviting representatives of the Georgia Hospice and Palliative Care Organization to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:

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HR 261. By Representative Harden of the 147th:
A RESOLUTION recognizing the annual Cordele-Crisp County Fish Fry and commending Mr. Jimmy Black, Mr. James Nance, Mr. Rusty Slade, Mr. Billy Cannon, and the Cordele-Crisp County Fish Fry cooking team; and for other purposes.
HR 262. By Representatives Murphy of the 120th, Howard of the 121st and Frazier of the 123rd:
A RESOLUTION recognizing and commending Reverend Dr. Nathaniel Irvin, Sr., on the occasion of his 50th pastoral anniversary; and for other purposes.
HR 263. By Representatives Burkhalter of the 50th, Richardson of the 19th, Jones of the 46th and Martin of the 47th:
A RESOLUTION honoring and commending Mr. Mike Kenn; and for other purposes.
HR 264. By Representatives Franklin of the 43rd and Wilkinson of the 52nd:
A RESOLUTION recognizing Mr. Woodrow Zegers and commending his exemplary service to his country; and for other purposes.
HR 265. By Representatives Johnson of the 37th, Manning of the 32nd, Parsons of the 42nd, Teilhet of the 40th, Dooley of the 38th and others:
A RESOLUTION commending The Walker School girls soccer team; and for other purposes.
HR 266. By Representatives Johnson of the 37th, Manning of the 32nd, Parsons of the 42nd, Teilhet of the 40th, Dooley of the 38th and others:
A RESOLUTION recognizing and commending The Walker School boys soccer team; and for other purposes.
HR 267. By Representatives Johnson of the 37th, Manning of the 32nd, Parsons of the 42nd, Teilhet of the 40th, Dooley of the 38th and others:
A RESOLUTION recognizing and commending The Walker School girls tennis team; and for other purposes.

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HR 268. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending all 4-H Clubs of Georgia and declaring February 9, 2009, as 4-H Day at the state capitol; and for other purposes.
HR 269. By Representatives England of the 108th, Roberts of the 154th, McCall of the 30th, Levitas of the 82nd, Smith of the 70th and others:
A RESOLUTION recognizing the Georgia Water Use Registration Program and the government officials responsible for conserving Georgia's water; and for other purposes.
HR 270. By Representatives Dukes of the 150th, Heard of the 114th, Beasley-Teague of the 65th, Brooks of the 63rd, Taylor of the 55th and others:
A RESOLUTION recognizing February 12, 2009, as "African American Business Enterprise Day" at the State Capitol; and for other purposes.
HR 271. By Representatives Sellier of the 136th, Cheokas of the 134th, Talton of the 145th, Pruett of the 144th and O`Neal of the 146th:
A RESOLUTION commending Lieutenant Colonel Earnest A. Shelton for his induction into the Georgia Aviation Hall of Fame; and for other purposes.
HR 272. By Representatives Sellier of the 136th, Cheokas of the 134th, Talton of the 145th, Pruett of the 144th and O`Neal of the 146th:
A RESOLUTION honoring Lieutenant Colonel Bert M. Atkinson for his induction into the Georgia Aviation Hall of Fame; and for other purposes.
HR 273. By Representatives Sellier of the 136th, Cheokas of the 134th, Talton of the 145th, Pruett of the 144th and O`Neal of the 146th:
A RESOLUTION commending Mr. Ed Bowlin for his induction into the Georgia Aviation Hall of fame; and for other purposes.
HR 274. By Representatives Sellier of the 136th, Cheokas of the 134th, Talton of the 145th, Pruett of the 144th and O`Neal of the 146th:
A RESOLUTION commending Mr. Samuel A. Lyons for his induction into the Georgia Aviation Hall of fame; and for other purposes.

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HR 275. By Representatives Williams of the 165th and Barnard of the 166th:
A RESOLUTION commending Dr. C.L. Anderson; 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 260 Do Pass
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 260. By Representative Harbin of the 118th:
A RESOLUTION recognizing and commending Mr. Ryan Klesko on the occasion of his retirement from Major League Baseball and inviting him to appear before the House of Representatives; 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 326 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 158th
Chairman
Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 20 Do Pass

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Respectfully submitted, /s/ Meadows of the 5th
Vice 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 294 HB 301 HB 311

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Hembree of the 67th
Chairman

The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, February 11, 2009

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 Allison Amerson Anderson Ashe Austin Barnard Battles Bearden E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Channell Cheokas E Coan Coleman Collins, D Collins, T

Cooper Cox Crawford Davis, H Davis, S Dawkins-Haigler Day Dempsey Dickson Dobbs Dooley Drenner England Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Heard

Heckstall Hembree E Henson Hill, C Hill, C.A Horne Howard Hudson Hugley Jackson Jacobs E James Jerguson Jones, J E Jones, S Jordan Kaiser Keen Keown Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Maddox, B Maddox, G Mangham Manning Maxwell

May Mayo McCall McKillip Meadows Mills E Mitchell E Morgan Morris Mosby Murphy Neal Nix E Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, J Pruett Ramsey Reese Rice Roberts Rogers Rynders Scott, A Scott, M

Sellier Setzler Shaw Shipp Sims, B Sims, C Sinkfield Smith, B Smith, L Smith, R E Smith, T Smith, V Stephens, M Stephens, R Stephenson Talton Taylor Teilhet E Thomas Thompson Weldon 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 Baker of the 78th, Butler of the 18th, Cole of the 125th, Dollar of the 45th, Dukes of the 150th, Ehrhart of the 36th, Epps of the 128th, Floyd of the 99th, Hatfield of the 177th, Houston of the 170th, Johnson of the 37th, Johnson of the 75th, Lucas of the 139th, Lunsford of the 110th, Marin of the 96th, Martin of the 47th, Millar of the 79th, Powell of the 29th, Ralston of the 7th, Randall of the 138th, Reece of the 11th, Sheldon of the 105th, Smyre of the 132nd, and Walker of the 107th.

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They wish to be recorded as present.
Prayer was offered by Pastor Robert Anderson, Pastorial Pastor to The Georgia Baptist Convention, Dacula, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 368. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 159th, Harden of the 147th and Parham of the 141st:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule II, 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.
Referred to the Committee on Health & Human Services.

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331

HB 369. By Representatives Stephens of the 164th, Harden of the 147th, Carter of the 159th, Parrish of the 156th and Parham of the 141st:
A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions and examples, so as to provide that the use of a pharmacy benefit manager to favor any pharmacy for the filling or refilling of prescriptions shall be an unfair and deceptive practice; to amend Code Section 26-4-110.1 of the Official Code of Georgia Annotated, relating to definitions, licenses required, and condition for licensing, so as to provide that it shall be unlawful for any pharmacy benefit manager to require the use of or to favor any pharmacy in approving the use of any prescription drug; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 370. By Representatives Golick of the 34th, Scott of the 153rd and Willard of the 49th:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide that disclosure reports shall be filed electronically with the State Ethics Commission; to provide exceptions; to provide for a definition; to provide that such filing constitutes an affirmation as to the truth, completeness, and accuracy of such report; to require certain reports by qualifying officers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
HB 371. By Representative Ehrhart of the 36th:
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 for an increase in allowable retirement system fund investment in equities to 75 percent; to change the definition of the term "large retirement system" for purposes of enhanced investment authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 372. By Representatives Ralston of the 7th, Golick of the 34th, Levitas of the 82nd, Collins of the 27th and Bearden of the 68th:

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A BILL to be entitled an Act to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of state court of record, so as to provide time frames for filing briefs and orders in petitions challenging for the first time state court proceedings resulting in a death sentence; to change certain provisions relating to petitions challenging for the first time state court proceedings resulting in a death sentence; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 373. By Representatives Hamilton of the 23rd and Amerson of the 9th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Forsyth County, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, so as to provide for the election of the members of the board of education by district; to provide 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.
HB 374. By Representative Crawford of the 16th:
A BILL to be entitled an Act to amend Code Section 48-7-128 of the Official Code of Georgia Annotated, relating to withholding tax on sale or transfer of real property and associated tangible personal property by nonresidents, so as to provide that the person listed on the closing statement as the seller shall be treated as the seller and shall be subject to the withholding and documentation requirements; 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 375. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to further define the obligation for the payment of sales and use taxes by contractors furnishing tangible personal property and services; the duties of sellers of tangible property to such contractors; to provide for procedures, conditions,

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and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 376. By Representatives Parsons of the 42nd, Geisinger of the 48th, Lucas of the 139th, Martin of the 47th and Wix of the 33rd:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to modernize telecommunications competition by implementing the Access Transition Fund; to revise certain definitions; to revise certain provisions relating to rates for basic local exchange services to require Tier 2 local exchange companies to transition from intrastate switched access; to provide for review by the Public Service Commission; to provide for annual reports to the General Assembly; to provide for termination of the Access Transition Fund; to provide an annual limitation on the Access Transition Fund; to provide for jurisdiction and authority of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 377. By Representatives Powell of the 29th, Chambers of the 81st, Roberts of the 154th, Levitas of the 82nd, Williams of the 165th and others:
A BILL to be entitled an Act to amend Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, so as to provide that all contracts between the Department of Community Health and health care management organizations, third party administrators of health care plans, or other entities and their subcontractors concerning the provision of health care services for health care programs under the authority of the department, including the state health benefit plan and the Medicaid program, shall be subject to the provisions of the open records act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 378. By Representatives Hamilton of the 23rd and Amerson of the 9th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Forsyth County, approved June 30, 1964 (Ga. L. 1964,

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Ex. Sess., p. 2225), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4924), so as to provide that members of the board of commissioners shall be elected by the voters of their respective districts; to provide 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.
HB 379. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation and exemption regarding income taxes, so as to define certain terms; to disallow expenses paid to certain real estate investment trusts; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 380. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to change certain definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 381. By Representatives England of the 108th, Roberts of the 154th, Levitas of the 82nd, McCall of the 30th, Maddox of the 127th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to enforcement of the Georgia Food Act by the Commissioner of Agriculture and employment of personnel; to provide for inspections by representatives of county boards of health acting as agents of the Commissioner of Agriculture in certain circumstances; to provide for reports and referrals; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.

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HB 382. By Representatives Lunsford of the 110th, Levitas of the 82nd, Smith of the 113th, Hill of the 21st, Wilkinson of the 52nd 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 for state purchasing, so as to provide for free market competition with regard to state purchasing; 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 383. By Representatives Lane of the 158th, Burns of the 157th and Parrish of the 156th:
A BILL to be entitled an Act to create a board of elections and registration for Bulloch County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 384. By Representatives Benton of the 31st and Harden of the 28th:
A BILL to be entitled an Act to amend an Act revising, consolidating, and amending the several Acts incorporating the Town of Maysville, approved May 18, 2007 (Ga. L. 2007, p. 3995), so as to change the terms of office of two councilmembers; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 385. By Representatives Hill of the 180th, Manning of the 32nd, Sims of the 119th, Dempsey of the 13th, Parham of the 141st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to State Commission on Family Violence, so as to repeal the date on which the commission shall cease to exist; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 386. By Representative Williams of the 178th:
A BILL to be entitled an Act to create a board of elections and registration for Pierce 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 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 387. By Representatives Teilhet of the 40th, Abrams of the 84th, Kaiser of the 59th, Frazier of the 123rd, Thomas of the 100th 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 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 388. By Representatives Mills of the 25th, Everson of the 106th, Keen of the 179th, Harbin of the 118th, Walker of the 107th and others:

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A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for legislative intent; to provide a short title; to change the definition of "child" to include a human embryo; to provide for definitions; to provide for procedures for embryo adoption; to provide for nonapplicability of certain dependent exemption for income tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 389. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Article 4 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to penalties relative to motor carriers, so as to provide that every motor carrier subject to regulation by the Public Service Commission shall be provided information emphasizing that it is illegal to allow persons under the age of 21 to possess or consume alcoholic beverages while being transported; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 390. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for the sale of tax receivables; to define terms; to provide for conditions under which the sale of tax receivables 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 391. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited periods of time with respect to any required textbook for any accredited public or private postsecondary institution in this state; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HR 279. By Representative Barnard of the 166th:

A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Candler, Cobb, Dawson, Douglas, Fulton, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

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

HB 336 HB 337 HB 338 HB 339 HB 340 HB 341 HB 342 HB 343 HB 344 HB 345 HB 346 HB 347 HB 348 HB 349 HB 350 HB 351 HB 352 HB 353

HB 354 HB 355 HB 356 HB 357 HB 358 HB 359 HB 360 HB 361 HB 362 HB 363 HB 364 HB 365 HB 366 HB 367 HR 241 HR 242 HR 259 SB 83

Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

SB 61 Do Pass

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339

Respectfully submitted, /s/ Knox of the 24th
Chairman

Representative Golick of the 34th 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 13 Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 34th
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 219 Do Pass HR 278 Do Pass
The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 11, 2009

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 17th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 71 HB 231

False identification documents; manufacturing, selling, or distributing; provisions (Substitute)(JudyNC-Day-163rd) Practice of architecture; projects within structures; clarify (RegI-Jerguson22nd)

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Modified Open Rule

None

Modified Structured Rule

None

Structured Rule

HB 116

Sales and use tax; repair of certain aircraft; sale of parts; provide exemption (Substitute)(W&M-Stephens-164th)

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 14. By Senators Douglas of the 17th, Rogers of the 21st, Goggans of the 7th, Murphy of the 27th, Hawkins of the 49th and others:

A BILL to be entitled an Act to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to election of county board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, so as to provide that no person who is on the national or state sex offender registry shall be eligible for election to or service on a local board of education; to repeal conflicting laws; and for other purposes.

SB 24. By Senators Grant of the 25th, Seay of the 34th, Harp of the 29th, Crosby of the 13th and Stoner of the 6th:

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A BILL to be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for comprehensive provisions regarding management of probationers; to provide for the 'Probation Management Act'; to provide administrative sanctions as an alternative to judicial modification or revocation of probation; to provide for preliminary administrative hearings and hearing officers; 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 96. By Senators Grant of the 25th, Hooks of the 14th, Johnson of the 1st, Harp of the 29th, Douglas of the 17th and others:

A RESOLUTION urging the Board of Trustees and the president of Georgia Military College to maintain the current military programs at the military junior college of Georgia, Georgia Military College; 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 14.

By Senators Douglas of the 17th, Rogers of the 21st, Goggans of the 7th, Murphy of the 27th, Hawkins of the 49th and others:

A BILL to be entitled an Act to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to election of county board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, so as to provide that no person who is on the national or state sex offender registry shall be eligible for election to or service on a local board of education; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 24.

By Senators Grant of the 25th, Seay of the 34th, Harp of the 29th, Crosby of the 13th and Stoner of the 6th:

A BILL to be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for comprehensive provisions regarding management of probationers; to provide for the 'Probation Management Act'; to provide administrative sanctions as an alternative to judicial modification or revocation of probation; to provide

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for preliminary administrative hearings and hearing officers; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SR 96.

By Senators Grant of the 25th, Hooks of the 14th, Johnson of the 1st, Harp of the 29th, Douglas of the 17th and others:

A RESOLUTION urging the Board of Trustees and the president of Georgia Military College to maintain the current military programs at the military junior college of Georgia, Georgia Military College; and for other purposes.

Referred to the Committee on Higher Education.

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

Epps of the 140th, Holt of the 112th, Fludd of the 66th, Channell of the 116th, Willard of the 49th, Davis of the 122nd, Drenner of the 86th, Black of the 174th, and Smith of the 113th.

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

HR 219. By Representatives Davis of the 122nd, Amerson of the 9th, Hembree of the 67th, Keen of the 179th, Benton of the 31st and others:

A RESOLUTION celebrating the semisesquicentennial anniversary of the Georgia Tech Research Institute and inviting members of the Institute to appear before the House of Representatives; and for other purposes.

HR 278. By Representative Carter of the 159th:

A RESOLUTION honoring the life and memory of Mrs. Florence Wald and inviting representatives of the Georgia Hospice and Palliative Care Organization 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:

WEDNESDAY, FEBRUARY 11, 2009

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HB 71. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to remove a defense to a charge of manufacturing, selling, or distributing false identification documents; 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 Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to remove a defense to a charge of manufacturing, selling, or distributing false identification documents; 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 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, is amended by revising subsection (g) as follows:
"(g) It shall not be a defense to a violation of this Code section that a document contained words indicating that it is not an identification document unless there appears on the front and back of such document the word 'novelty' which is in a color which is not transparent on the design of the document, is in block letters not less than 40 point type in size, and is indelible ink."
SECTION 2. This Act shall become effective on October 1, 2009, and shall apply to offenses committed on or after such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield N Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills E Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B N Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon 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 161, nays 13.

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

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:

WEDNESDAY, FEBRUARY 11, 2009

345

HB 70 Do Pass, by Substitute HB 237 Do Pass, by Substitute
Respectfully submitted, /s/ Manning of the 32nd
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 116. By Representatives Stephens of the 164th, Harbin of the 118th, Keen of the 179th and Davis of the 122nd:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption for a limited period of time regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to 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 paragraph (86) as follows:
"(86) For the period commencing on July 1, 2007, and ending on June 30, 2009 2011, the sale or use of engines, parts, equipment, and other tangible personal property used in the maintenance or repair of aircraft when such engines, parts, equipment, and other tangible personal property are installed on such aircraft that is being repaired or maintained in this state so long as such aircraft is not registered in this state."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

N Abdul-Salaam N Abrams
Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden N Beasley-Teague N Benfield Y Benton
Black N Brooks N Bruce Y Bryant N Buckner Y 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, D Y Collins, T Y Cooper Y Cox

N Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar
Dooley Y Drenner N Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson N Floyd N Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson N Johnson, C
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 N Levitas Y Lindsey N Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills E Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett N Ralston Y Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet E Thomas N Thompson Y Walker Y Weldon 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 134, nays 31.

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

Representative Bearden of the 68th 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.

WEDNESDAY, FEBRUARY 11, 2009

347

HB 231. By Representatives Jerguson of the 22nd, Powell of the 29th and Williams of the 4th:

A BILL to be entitled an Act to amend Code Section 43-4-14 of the Official Code of Georgia Annotated, relating to the practice of architecture, qualifications and registration, exempt structures and persons, design-build contracts, predesign services, and construction contract administration services, so as to clarify the types of construction projects within planned or existing structures for which documents may be prepared, certified, and submitted for building permits by a Georgia registered interior designer; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following amendment was read:

Representative Dukes of the 150th moves to amend HB 231 as follows:

Line 14 insert after "planned"

office or retail structure.

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

Y Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin N Baker N Barnard N Battles N Bearden Y Beasley-Teague N Benfield N Benton N Black Y Brooks
Bruce N Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B N Casas

Y Crawford N Davis, H
Davis, S Y Dawkins-Haigler N Day N Dempsey N Dickson N Dobbs N Dollar Y Dooley N Drenner Y Dukes N Ehrhart N England Y Epps, C N Epps, J N Everson N Floyd Y Fludd N Franklin Y Frazier N Fullerton N Gardner N Geisinger N Glanton N Golick

Y Heckstall N Hembree N Henson Y Hill, C N Hill, C.A N Holt N Horne N Houston N Howard N Hudson Y Hugley
Jackson N Jacobs E James N Jerguson N Johnson, C
Johnson, T N Jones, J E Jones, S Y Jordan Y Kaiser N Keen N Keown E Knight N Knox N Lane, B

N Manning Y Marin N Martin N Maxwell N May N Mayo N McCall Y McKillip N Meadows N Millar N Mills E Mitchell N Morgan N Morris Y Mosby N Murphy N Neal N Nix N Oliver N O'Neal N Parham
Parrish N Parsons N Peake Y Porter N Powell, A

N Rynders N Scott, A N Scott, M
Sellier N Setzler Y Shaw N Sheldon E Shipp N Sims, B
Sims, C Y Sinkfield N Smith, B N Smith, L N Smith, R E Smith, T N Smith, V Y Smyre N Stephens, M
Stephens, R Y Stephenson N Talton Y Taylor
Teilhet E Thomas N Thompson N Walker

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N Chambers Channell
N Cheokas N Coan N Cole N Coleman N Collins, D N Collins, T N Cooper N Cox

N Gordon N Graves N Greene N Hamilton Y Hanner N Harbin N Harden, B N Harden, M N Hatfield Y Heard

N Lane, R N Levitas N Lindsey Y Long N Loudermilk Y Lucas
Lunsford N Maddox, B N Maddox, G N Mangham

N Powell, J N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese N Rice N Roberts N Rogers

On the adoption of the amendment, the ayes were 36, nays 125.

N Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

The amendment was lost.

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

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

Abdul-Salaam Y Abrams Y Allison N Amerson Y Anderson Y Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield N Benton Y Black Y 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
Channell Y Cheokas Y Coan Y Cole Y Coleman

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley Y Drenner N Dukes Y Ehrhart Y England Y Epps, C N Epps, J Y Everson N Floyd Y Fludd Y Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton N Golick Y Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne N Houston Y Howard N Hudson Y Hugley Y Jackson Y Jacobs E James Y Jerguson Y Johnson, C
Johnson, T Y Jones, J E Jones, S N Jordan N Kaiser Y Keen N Keown E Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell N Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver N O'Neal Y Parham
Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall N Reece

N Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V N Smyre Y Stephens, M
Stephens, R N Stephenson Y Talton Y Taylor
Teilhet E Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M

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Y Collins, D N Collins, T Y Cooper Y Cox

Y Harden, B Y Harden, M Y Hatfield N Heard

Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Reese Y Rice N Roberts Y Rogers

On the passage of the Bill, the ayes were 129, nays 35.

Y Williams, R N Wix Y Yates
Richardson, Speaker

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

Representative Long of the 61st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

HR 283. By Representative Everson of the 106th:

A RESOLUTION recognizing and commending Mr. James Harris and inviting him to appear before the House of Representatives; and for other purposes.

HR 284. By Representatives Smith of the 113th, Holt of the 112th, Levitas of the 82nd and Amerson of the 9th:

A RESOLUTION declaring February 24, 2009, as Georgia Academy of Audiology Day at the state capitol and inviting representatives from the Georgia Academy of Audiology to appear before the House of Representatives; and for other purposes.

The following Resolutions of the House were read and adopted:

HR 285. By Representatives Lunsford of the 110th, Mosby of the 90th, Yates of the 73rd, Baker of the 78th, Mayo of the 91st and others:

A RESOLUTION recognizing and commending Mrs. Dana Clark; and for other purposes.

HR 286. By Representatives Day of the 163rd, Frazier of the 123rd, Talton of the 145th, Jackson of the 142nd, Collins of the 27th and others:

A RESOLUTION commending the emergency medical services professionals of Georgia and recognizing Thursday, February 19, 2009, as "Emergency Medical Services Recognition Day"; and for other purposes.

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HR 287. By Representatives Horne of the 71st and Smith of the 70th:
A RESOLUTION commending Mr. Eddie Ball on the occasion of his retirement; and for other purposes.
HR 288. By Representatives Collins of the 27th, Mills of the 25th and Rogers of the 26th:
A RESOLUTION recognizing and commending Mr. Mark and Mrs. Crystal Clay; and for other purposes.
HR 289. By Representatives Day of the 163rd, Frazier of the 123rd, Talton of the 145th, Jackson of the 142nd, Collins of the 27th and others:
A RESOLUTION commending the first responders, emergency medical technicians, cardiac technicians, and paramedics of Georgia and recognizing Emergency Medical Services (EMS) Week; and for other purposes.
HR 290. By Representatives Geisinger of the 48th, Willard of the 49th, Burkhalter of the 50th, Wilkinson of the 52nd, Lindsey of the 54th and others:
A RESOLUTION honoring the life and memory of Colonel Wilson Freeman; 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 Judiciary:
HB 254. By Representatives Peake of the 137th, Keen of the 179th, Lindsey of the 54th, Rice of the 51st, Scott of the 2nd and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:

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351

Mr. Speaker:
Your Committee on Economic Development and Tourism has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 196 Do Pass, by Substitute
Respectfully submitted, /s/ Stephens of the 164th
Chairman
Representative Maxwell of the 17th 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 320 Do Pass
Respectfully submitted, /s/ Maxwell of the 17th
Chairman
The Speaker announced the House in recess until 5:00 o'clock, P.M., at which time the House will stand adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, February 12, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coleman
E Collins, D Collins, T

Cooper Cox Crawford Davis, H Davis, S Dawkins-Haigler Dempsey Dickson Dobbs Dooley E Drenner Dukes Ehrhart England Epps, J Everson Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Heard Heckstall

Hembree E Henson E Hill, C
Hill, C.A Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson, T Jones, J Jones, S Kaiser Keen E Knight Knox Lane, B Lane, R Levitas Long Loudermilk Maddox, B Maddox, G Mangham Manning Marin Maxwell

May Mayo McCall McKillip Meadows Mills Mitchell Morgan Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Peake Porter Powell, A Powell, J Pruett Ramsey Randall Reece Reese Rice Rogers Rynders Scott, A

Scott, M Sellier Shaw Sheldon Shipp Sims, B Sims, C Smith, B Smith, L Smith, R Smith, T Smith, V Smyre Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Weldon 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 Cole of the 125th, Dollar of the 45th, Floyd of the 99th, Fludd of the 66th, Golick of the 34th, Harbin of the 118th, Hatfield of the 177th, Hudson of the 124th, Johnson of the 75th, Jordan of the 77th, Lucas of the 139th, Lunsford of the 110th, Millar of the 79th, Parsons of the 42nd, Ralston of the 7th, Roberts of the 154th, Setzler of the 35th, Sinkfield of the 60th, Stephens of the 161st, and Walker of the 107th.

They wish to be recorded as present.

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353

Representative Keown of the 173rd was excused on the attendance roll call.
Prayer was offered by Reverend Dennis W. Mitchell, Greenforest Community Baptist Church, Decatur, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 392. By Representative Levitas of the 82nd:
A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to arraignment and pleas generally, so as to provide for certain requirements prior to a defendant entering a plea of guilty or nolo contendere; to provide for a prosecuting attorney authority to enter into plea discussions; to provide for guidelines for such plea discussions; to provide for restrictions for the judge regarding plea discussions; to provide for certain procedures for a judge regarding tentative plea agreements; to provide for guidelines for a judge regarding such judge

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granting sentence leniency and reduction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 393. By Representative Horne of the 71st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Senoia, approved April 19, 2000 (Ga. L. 2000, p. 3806), so as to increase the municipal terms of office; to provide that elections for certain municipal offices shall take place in odd-numbered years; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 394. By Representatives Cole of the 125th, Pruett of the 144th and Ramsey of the 72nd:
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 to revenue and taxation, so as to revise a program relating to student scholarship organizations; to revise definitions; to provide for eligibility of student scholarship organizations; to revise provisions relating to the duties and powers of student scholarship organizations; to provide a maximum scholarship amount; to provide for testing; to revise certain provisions relating to an income tax credit with respect to qualified education expenses; 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 395. By Representatives Wilkinson of the 52nd, Burkhalter of the 50th and Martin of the 47th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning state sales and use taxes, so as to extend the sales and use tax exemption for certain tangible personal property used in direct connection with the construction of certain symphony halls; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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355

HB 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 397. By Representatives Burns of the 157th, Roberts of the 154th, McCall of the 30th, Lane of the 158th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to brakes, so as to update certain provisions relating to surge brakes; 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 398. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to provide a method by which mortgage lenders, brokers, and servicers make tax payments if such lender, broker, or servicer maintains an escrow account for that purpose; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.

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HB 399. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, duties, reviews of assessments, and appeals, so as to provide a remedy for certain cases in which property has been overvalued for tax purposes as shown by subsequent sales values; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 400. By Representatives Millar of the 79th, Lindsey of the 54th, Pruett of the 144th, Amerson of the 9th and Ashe of the 56th:
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 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 provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 401. By Representatives Lucas of the 139th, Day of the 163rd and Buckner of the 130th:
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 remove the exemption for the sale for off-premises human consumption or use of eligible foods and beverages; 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 402. By Representatives Scott of the 2nd, Jerguson of the 22nd, Weldon of the 3rd, Harden of the 28th, Roberts of the 154th and others:

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A BILL To be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to season and bag limits, promulgation of rules and regulations by the board, possession of more than bag limit, and reporting number of deer killed, so as to change certain provisions relating to rules and regulations for open seasons; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 403. By Representatives Hembree of the 67th, Dollar of the 45th, Neal of the 1st and Coan of the 101st:
A BILL to be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide definitions; to require certain disclosures regarding the provision of certain anatomic pathology services; to prohibit physicians from charging a markup, commission, or profit on the actual amount paid or to be paid for an anatomic pathology service performed or supervised by another physician; to provide for exceptions; to provide for enforcement; to provide that no patient, insurer, or third party payor shall be required to reimburse and licensed practitioner for charges or claims for anatomic pathology services that are not in accordance with the provisions of law regarding payment for such services; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 404. By Representatives Powell of the 29th and Rice of the 51st:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide a new definition for a taxicab and a limousine; to provide for a new Code section related to the registration and licensing of taxicabs and limousines; 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 405. By Representatives Wilkinson of the 52nd, Stephens of the 164th, Coan of the 101st, Pruett of the 144th, Porter of the 143rd 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 income tax imposition,

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rate, computation, and exemptions, so as to provide for tax credits for certain qualified equipment that reduces business or domestic energy or water usage; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 406. By Representatives Coan of the 101st, McCall of the 30th, Ehrhart of the 36th, Amerson of the 9th and Smith of the 70th:
A BILL to be entitled an Act to amend Code Section 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, so as to provide an exception for certain drinking water projects; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 407. By Representatives Kaiser of the 59th, Glanton of the 76th, Collins of the 27th, Yates of the 73rd and Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 48-5-52.1 of the Official Code of Georgia Annotated, relating to an exemption from ad valorem taxation for state, county, municipal, and school purposes of homesteads of unremarried surviving spouses of U.S. servicemembers killed in action, so as to increase the amount of such exemption to the full value of the homestead; to provide for a referendum; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 408. By Representatives Benfield of the 85th, Drenner of the 86th, Brooks of the 63rd, Mangham of the 94th, Morgan of the 39th and others:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to enact the Agreement Among the States to Elect the President by National Popular Vote; to allow states to join together to establish an interstate compact to elect the president by national popular vote; to provide for the implementation of such compact; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

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HB 409. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Code Section 48-5-48.2 of the Official Code of Georgia Annotated, relating to the freeport exemption, so as to change a definition regarding such exemption; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 410. 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 provide an exemption from insurance premium taxes for certain insurance products; to make certain technical corrections with regard to certain exemptions from insurance premium taxes for certain insurance products; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to make certain technical corrections regarding certain income tax deductions and income tax credits; 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 411. 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.
Referred to the Committee on Insurance.
HB 412. 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 provide that the Commissioner of Insurance shall be authorized to allow certain health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses to be approved for sale in connection with or packaged with otherwise approved individual health

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insurance policies; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 413. By Representatives Hatfield of the 177th, Roberts of the 154th and Lane of the 167th:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relating to eligibility and qualifications for office, so as to provide an exception from the prohibition that requires residence in a municipality or county as a condition of employment when such exception is authorized by local Act of the General Assembly; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 280. By Representatives Scott of the 2nd, Benton of the 31st, Jerguson of the 22nd, England of the 108th, Allison of the 8th and others:
A RESOLUTION claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; and for other purposes.
Referred to the Committee on Judiciary.
HR 281. By Representatives Buckner of the 130th, Ashe of the 56th, Oliver of the 83rd, Dooley of the 38th, Gardner of the 57th and others:
A RESOLUTION proposing an amendment to the Constitution so as to limit sales and use tax exemptions to periods not to exceed three years and to require a comprehensive review and evaluation of such exemptions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 282. By Representatives Cooper of the 41st, Wilkinson of the 52nd and Henson of the 87th:

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A RESOLUTION supporting the goals and ideals of a National Epidermolysis Bullosa Awareness Week to raise public awareness and understanding of epidermolysis bullosa, recognizing the need for a cure for the disease, and encouraging the people of this state and interested groups to support the week; 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 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 374 HB 375 HB 376 HB 377 HB 378 HB 379 HB 380 HB 381

HB 382 HB 383 HB 384 HB 385 HB 386 HB 387 HB 388 HB 389 HB 390 HB 391 HR 279 SB 14 SB 24 SR 96

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:

HB 176 HB 297 HB 314

Do Pass Do Pass Do Pass

HB 319 Do Pass HB 322 Do Pass

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

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

HR 6 HR 20

Do Pass 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 170 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 THURSDAY, FEBRUARY 12, 2009

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

None

Modified Open Rule

None

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Modified Structured Rule

HB 181 HB 233 HR 1

State revenue commissioner's authority; distributions; repeal certain provisions (Substitute)(W&M-Austin-10th) Ad valorem tax; property; change certain definitions (Substitute)(W&MLindsey-54th) (Rules Committee Substitute) Real property; residential and nonresidential; freeze valuation - CA (Substitute)(W&M-Lindsey-54th)

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 176. By Representatives Geisinger of the 48th, Jones of the 46th, Willard of the 49th and Martin of the 47th:

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.

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

HB 297. By Representatives Bryant of the 160th, Stephens of the 164th, Carter of the 159th, Stephens of the 161st and Gordon of the 162nd:

A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to reconstitute the governing authority of the city; to provide for council districts; to provide for definitions and inclusions; to provide for

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continuation in office of the mayor and current council members; to change the provisions relating to the regular expiration of terms of office of certain council members; to provide for elections; to provide for qualification, nomination, and election of candidates; to provide for districting; to provide for qualifications; to provide for the submission of the city's operating and capital budgets to the city council by the city manager; to provide for action on the budget; to provide for severability; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 314. By Representatives Beasley-Teague of the 65th and Horne of the 71st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Palmetto ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older and whose income, excluding certain retirement income, does not exceed $16,000.00; 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 319. 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 322. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th:

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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 Allison Y Amerson
Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton
Black 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, D
Collins, T Cooper Y Cox

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England
Epps, C Y Epps, J Y Everson Y Floyd
Fludd Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree E Henson E Hill, C Y Hill, C.A Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen E Keown E Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix
Yates Richardson, Speaker

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

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

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

Mr. Speaker:

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

SB 31. By Senators Balfour of the 9th, Tarver of the 22nd, Rogers of the 21st, Powell of the 23rd, Tolleson of the 20th and others:

A BILL to be entitled an Act to enact the "Georgia Nuclear Energy Financing Act"; to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to the procedure for changing any rate, charge, classification, or service, so as to provide for a utility to recover from its customers the costs of financing associated with the construction of a nuclear generating plant; to provide a short title; to provide for the calculation and collection of the financing costs; to provide for review by the Georgia Public Service Commission as to whether the costs recovered are being properly recorded; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 31.

By Senators Balfour of the 9th, Tarver of the 22nd, Rogers of the 21st, Powell of the 23rd, Tolleson of the 20th and others:

A BILL to be entitled an Act to enact the "Georgia Nuclear Energy Financing Act"; to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to the procedure for changing any rate, charge, classification, or service, so as to provide for a utility to recover from its customers the costs of financing associated with the construction of a nuclear generating plant; to provide a short title; to provide for the calculation and collection of the financing costs; to provide for review by the Georgia Public Service Commission as to whether the costs recovered are being properly recorded; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Energy, Utilities & Telecommunications.

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

Dempsey of the 13th, Beasley-Teague of the 65th, Hugley of the 133rd, Smith of the 113th, Fullerton of the 151st, Harden of the 147th, Benton of the 31st, Rogers of the 26th, and Holt of the 112th.

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

HR 6.

By Representatives Ramsey of the 72nd, Yates of the 73rd and Fludd of the 66th:

A RESOLUTION honoring Randall Johnson on the occasion of his retirement and inviting him to appear before the House of Representatives; and for other purposes.

HR 20. By Representatives Levitas of the 82nd, Hamilton of the 23rd and Rogers of the 26th:

A RESOLUTION commending Honorable Doug Collins and inviting him to appear before the House of Representatives; and for other purposes.

The following Resolution of the House was read and adopted:

HR 291. By Representative Rogers of the 26th:

A RESOLUTION recognizing February 12, 2009, as "Gainesville-Hall County Day"; 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 House was taken up for consideration and read the third time:

HR 1.

By Representatives Lindsey of the 54th, Keen of the 179th, Roberts of the 154th, Bryant of the 160th, Day of the 163rd and others:

A RESOLUTION proposing an amendment to the Constitution so as 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

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applicability; 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 limit valuation increases of real property; to provide for ratification of prior and enactment of new exemptions and assessment freezes; 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 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), (c), (d), (e), and (f) 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.; and
(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

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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 shall 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; and (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.; and (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

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National Register of Historic Places or in a state historic register authorized by general law. For such purposes, the General Assembly is shall be 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 shall be 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; and (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)(1) Subject to the limitations of Paragraph IV of this section, the 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

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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) 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:

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(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 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), (e), or (f) of this Paragraph. Property under this subparagraph (g) shall be subject to the limitations under Paragraph IV of this section only if provided by general law and only to the extent provided for in such general law. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the rate of increase of the assessed value of real property for state, county, municipal, or educational ad valorem tax purposes shall not exceed an aggregate of 9 percent for each three-year period of successive ownership and, except as provided in this subparagraph, shall not exceed from one taxable year to the succeeding taxable year the lesser of 3 percent or the percent change in the rate of economic inflation on individual taxpayers as determined by the state revenue commissioner. For such purpose, the state revenue commissioner may use the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor and any other reliable economic indicator determined by the state revenue commissioner or such other designee as specified by general law to be appropriate. Within such three-year period, such 3 percent limitation shall operate in a cumulative manner so if an increase in one year is less than 3 percent, the 3 percent cap for the next succeeding year shall be increased by an amount equal to the difference in the actual percentage increase in the

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preceding year and 3 percent. Nothing in this Paragraph shall be construed to prohibit the assessed value of property from decreasing. (2) If real property or interests therein are sold or transferred, such real property shall be valued for ad valorem tax purposes in an amount not to exceed fair market value. Additions or improvements to such real property shall be valued for ad valorem tax purposes at their fair market value and shall be added to the owner's valuation amount under this subparagraph. (3) In addition to any general law authorizing error or omission correction by local tax officials, the state revenue commissioner shall be authorized to correct any manifest, factual error or omission in the valuation of real property. (b) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph, including, but not limited to:
(1) The definition of a sale or transfer of real property or interests therein under subparagraph (a)(2) of this Paragraph IV; (2) Other circumstances that shall require a revaluation of the real property, including, but not limited to, rezoning; (3) The timing of the reassessments as a result of sale, transfer, additions, or improvements; and (4) The definition and methods of determining fair market value as applied to nonresidential real property under subparagraph (a)(2) of this Paragraph, such methods may include, but shall not be limited to, a formula based on current use, annual revenue, and real property sales data. (c) The General Assembly shall be authorized to provide by local or general law for base year assessed value homestead exemptions that freeze the assessment of property with respect to any or all ad valorem taxes. 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, 2011, 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. In the event of such repeal, the initial valuation amount of the homestead property for purposes of this Paragraph shall be the taxable value of such property established as the initial base year assessed value of such property; provided, however, that in the case of an adjusted base year assessed value homestead exemption, the initial valuation amount of the homestead property for purposes of this Paragraph shall be the taxable value of the property established as the most recent adjusted base year assessed value applicable to such property. (d) This Paragraph shall not apply to homestead 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 homestead real property unless such local constitutional amendment is repealed. In the event of such repeal, the initial valuation

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amount of each parcel of homestead real property shall be the most recent taxable value of such parcel as established under such local constitutional amendment.
(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 valorem property taxes with respect to such real property unless such local constitutional amendment is repealed.
(f) The General Assembly shall be authorized to discontinue the limitations under this Paragraph by local law conditioned upon approval by a majority of the qualified electors residing within the limits of a local taxing jurisdiction voting in a referendum thereon."
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 limit valuation increases of real property and to provide for ratification of prior and
( ) NO enactment of new exemptions and assessment freezes?" 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 limit valuation increases of real property; to provide for procedures, conditions, and limitations; to provide for ratification of prior and enactment of new exemptions and assessment freezes; 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 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.

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Except as otherwise provided in subparagraphs (b), (c), (d), (e), and (f) 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.; and (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 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 shall 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

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(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; and (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.; and (4) Property under this subparagraph (c) shall be subject to the limitations under Paragraph IV of this section only if provided by general law and only to the extent provided for in such general law. (d)(1) 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 shall be 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. Property under this subparagraph (d) shall be subject to the limitations under Paragraph IV of this section only if provided by general law and only to the extent provided for in such general law. (2) 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 shall be 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. Property under this subparagraph (d) shall be subject

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to the limitations under Paragraph IV of this section only if provided by general law and only to the extent provided for in such general law. (e) 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; and (3) Property under this subparagraph (e) shall be subject to the limitations under Paragraph IV of this section only if provided by general law and only to the extent provided for in such general law. (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;

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(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

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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. (6) Property under this subparagraph (f) shall be subject to the limitations under Paragraph IV of this section only if provided by general law and only to the extent provided for in such 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), (e), or (f) of this Paragraph. Property under this subparagraph (g) shall be subject to the limitations under Paragraph IV of this section only if provided by general law and only to the extent provided for in such general law. Paragraph IV. Limitations on assessed value increases for real property. (a)(1) Except as otherwise provided in this Paragraph, the rate of increase of the assessed value of real property for state, county, municipal, or educational ad valorem tax purposes shall not exceed an aggregate of 9 percent for each three-year period of successive ownership and, except as provided in this subparagraph, shall not exceed from one taxable year to the succeeding taxable year the lesser of 3 percent or the percent change in the rate of economic inflation on individual taxpayers as determined by the state revenue commissioner. For such purpose, the state revenue commissioner may use the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor and any other reliable economic indicator determined by the state revenue commissioner or such other designee as specified by general law to be appropriate. Within such three-year period, such 3 percent limitation shall operate in a cumulative manner so if an increase in one year is less than 3 percent, the 3 percent cap for the next succeeding year shall be increased by an amount equal to the difference in the actual percentage increase in the preceding year and 3 percent. Nothing in this Paragraph shall be construed to prohibit the assessed value of property from decreasing. (2) If real property or interests therein are sold or transferred, such real property shall be valued for ad valorem tax purposes in an amount not to exceed fair market value. Substantial additions or improvements to such real property shall be valued for ad valorem tax purposes at their fair market value and shall be added to the owner's valuation amount under this subparagraph.

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(3) In addition to any general law authorizing error or omission correction by local tax officials, the state revenue commissioner shall be authorized to correct any manifest, factual error or omission in the valuation of real property. (b) The General Assembly shall be authorized by general law to further define and implement the provisions of this Paragraph, including, but not limited to: (1) The establishment of classes or subclasses of real property and methods of assessment and taxation, including percentage limitations applicable thereto; (2) The definition of a sale or transfer of real property or interests therein under subparagraph (a)(2) of this Paragraph IV; (3) Other circumstances that shall require a revaluation of the real property, including, but not limited to, rezoning; (4) The timing of the reassessments as a result of sale, transfer, additions, or improvements and the establishment of phase-in periods of assessment increases due to sales or transfers of property at such rate or rates and in such manner as determined by general law; and (5) The definition and methods of determining fair market value as applied to nonresidential real property under subparagraph (a)(2) of this Paragraph, such methods may include, but shall not be limited to, a formula based on current use, annual revenue, and real property sales data. (c) The General Assembly shall be authorized to provide by local or general law for base year assessed value homestead exemptions that freeze the assessment of property with respect to any or all ad valorem taxes. 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, 2011, 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. In the event of such repeal, the initial valuation amount of the homestead property for purposes of this Paragraph shall be the taxable value of such property established as the initial base year assessed value of such property; provided, however, that in the case of an adjusted base year assessed value homestead exemption, the initial valuation amount of the homestead property for purposes of this Paragraph shall be the taxable value of the property established as the most recent adjusted base year assessed value applicable to such property. (d) This Paragraph shall not apply to homestead 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 homestead real property unless such local constitutional amendment is repealed. In the event of such repeal, the initial valuation amount of each parcel of homestead real property shall be the most recent taxable value of such parcel as established under such local constitutional amendment.

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(e) This Paragraph shall not apply to real property in any county 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 valorem property taxes with respect to real property in such county or county school district unless such local constitutional amendment is repealed. (f) The General Assembly shall be authorized to provide for procedures to discontinue the limitations under this Paragraph conditioned upon approval by a majority of the qualified electors residing within the limits of a county voting in a referendum thereon which shall discontinue such limitations for ad valorem taxes for such county and each municipality and each county or independent school system located in such county."
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 property taxes in Georgia be reformed by limiting increases of the value of real property through an amendment to the Constitution of
( ) NO 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.
By unanimous consent, further consideration of HR 1 was suspended until later in the legislative day.
The Speaker Pro Tem announced the House in recess until 1:15 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 296. By Representatives Barnard of the 166th, Lunsford of the 110th, Day of the 163rd and Martin of the 47th:
A RESOLUTION recognizing and commending Sergeant First Class Scott Short and inviting him to appear before the House of Representatives; and for other purposes.
HR 297. By Representatives Barnard of the 166th, Lunsford of the 110th, Day of the 163rd and Martin of the 47th:
A RESOLUTION recognizing and commending Mr. Ralph E. Sheppard and inviting him to appear before the House of Representatives; and for other purposes.
HR 298. By Representatives Lane of the 158th, Burns of the 157th and Parrish of the 156th:
A RESOLUTION recognizing and commending Ms. Laura "Molly" Bickerton and inviting her to appear before the House of Representatives; and for other purposes.
HR 299. By Representative Ehrhart of the 36th:
A RESOLUTION recognizing and commending February 18, 2009, as " Boy Scout Boy in Georgia" and inviting a designee from each council to appear before the House of Representatives; and for other purposes.
HR 300. By Representative Ehrhart of the 36th:
A RESOLUTION recognizing and commending Mr. Ian Feinberg and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:

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HR 301. By Representatives Hugley of the 133rd, Randall of the 138th and Morgan of the 39th:
A RESOLUTION recognizing Alpha Kappa Alpha Day at the capitol on February 16, 2009; and for other purposes.
HR 302. By Representatives Benfield of the 85th, Drenner of the 86th and Chambers of the 81st:
A RESOLUTION recognizing the importance of promoting international education and encouraging Georgia's colleges and universities to place a high priority on international education; and for other purposes.
HR 303. By Representative Coan of the 101st:
A RESOLUTION commending Kyle C. Donatucci on attaining the rank of Eagle Scout; and for other purposes.
HR 304. By Representatives Levitas of the 82nd, Richardson of the 19th, Ralston of the 7th, Harbin of the 118th, Stephens of the 164th and others:
A RESOLUTION congratulating Bernard Reynolds and Ellen Williams; and for other purposes.
HR 305. By Representative Byrd of the 20th:
A RESOLUTION commending and honoring Dr. Josephine Tan, outstanding Georgia citizen; and for other purposes.
HR 306. By Representatives Dickson of the 6th, Williams of the 4th and Weldon of the 3rd:
A RESOLUTION recognizing and commending the Phoenix School; and for other purposes.
HR 307. By Representatives Williams of the 4th, Richardson of the 19th, Burkhalter of the 50th, Amerson of the 9th, Day of the 163rd and others:
A RESOLUTION recognizing and commending Mrs. Anne Dismukes Amerson; and for other purposes.

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HR 308. By Representative Williams of the 165th:
A RESOLUTION commending Mrs. Lola Dixon; and for other purposes.
HR 309. By Representatives Willard of the 49th, Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Jones of the 46th and others:
A RESOLUTION recognizing the bicentennial anniversary of President Abraham Lincoln's birth; and for other purposes.
HR 310. By Representatives Everson of the 106th, Casas of the 103rd, Cox of the 102nd and Coan of the 101st:
A RESOLUTION recognizing and commending Ms. Kay Whithear; and for other purposes.
HR 311. By Representatives Randall of the 138th, Hugley of the 133rd, Smyre of the 132nd, Dawkins-Haigler of the 93rd, Mayo of the 91st and others:
A RESOLUTION commending Phi Beta Sigma Fraternity, Inc.; and for other purposes.
HR 312. By Representatives Mills of the 25th, Collins of the 27th and Rogers of the 26th:
A RESOLUTION recognizing and commending Lanier Canoe and Kayak Club, Inc., and its Spirit Canoe and Kayak program; and for other purposes.
HR 313. By Representative Cheokas of the 134th:
A RESOLUTION honoring the life and memory of Mr. Millard Fuller; and for other purposes.
HR 314. By Representatives Cheokas of the 134th, Buckner of the 130th and James of the 135th:
A RESOLUTION recognizing and commending the Honorable Joe "Slade" Johnson on the occasion of his retirement; and for other purposes.
HR 315. By Representatives Taylor of the 55th, Epps of the 128th, Bruce of the 64th, Morgan of the 39th and Abrams of the 84th:

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A RESOLUTION recognizing the 142nd anniversary of Morehouse College; and for other purposes.

Representative Franklin of the 43rd would like to be recorded as voting "nay" on HR 309.

Under the general order of business, established by the Committee on Rules, the following Resolution of the House, having previously been read, was again taken up for consideration:

HR 1.

By Representatives Lindsey of the 54th, Keen of the 179th, Roberts of the 154th, Bryant of the 160th, Day of the 163rd and others:

A RESOLUTION proposing an amendment to the Constitution so as 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.

The Rules Committee substitute, having previously been read, was adopted.

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

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

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks N Bruce Y Bryant N Buckner

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley E Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd N Fludd

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs
James Y Jerguson
Johnson, C N Johnson, T Y Jones, J N Jones, S

Y Manning N Marin N Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R

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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, D N Collins, T Y Cooper Y Cox

N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves E Greene Y Hamilton N Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Jordan N Kaiser Y Keen E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon 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 Resolution, by substitute, the ayes were 105, nays 67.

The Resolution, having failed to receive the requisite constitutional majority, was lost.

Due to a mechanical malfunction, the vote of Representative Sellier of the 136th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative James of the 135th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Lindsey of the 54th 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 1.

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 233. By Representative Lindsey of the 54th:

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 withdrawn:

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A BILL
To amend Title 48 of the Official Code of Georgia Annotated, related to revenue and taxation, so as to provide for the comprehensive revision of the manner and method of assessing real property; to limit valuation increases of real property; to provide for procedures, conditions, and limitations; to provide for applicability; 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. Title 48 of the Official Code of Georgia Annotated, related to revenue and taxation, is amended by adding a new chapter to read as follows:
"CHAPTER 5B
48-5B-1. (a) The rate of increase of the assessed value of real property for county, municipal, or educational ad valorem tax purposes shall not exceed from one taxable year to the succeeding taxable year 3 percent except as provided in subsections (b) and (c) of this Code section. Nothing in this subsection shall be construed to prohibit the assessed value of real property from decreasing. (b) If real property or interests therein are sold or transferred, such real property shall be valued for ad valorem tax purposes at the most recent value established under subsection (a) of this Code section. Additions or improvements to such real property shall be valued for ad valorem tax purposes at their fair market value and shall be added to the owner's valuation amount under this subsection. (c) If property is rezoned at the request of the property owner and the use of such property is changed to conform with the use authorized by such rezoning, such property shall be valued for ad valorem tax purposes at its fair market value. (d) Nothing in this chapter shall be construed to alter or affect in any manner the authority granted to the General Assembly under Article VII, Section II, Paragraph II of the Constitution to enact homestead exemptions.
48-5B-2. The provisions of this chapter shall not apply to:
(1) State ad valorem taxes; and (2) Real property in any county for which a local constitutional amendment has been continued in force and effect as part of the Constitution which imposes millage rate limitations regarding ad valorem property taxes with respect to real property in such county or county school district unless such local constitutional amendment is repealed."

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SECTION 2. This Act shall become effective on July 1, 2009 and shall stand repealed in its entirety on June 30, 2011.
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 Title 48 of the Official Code of Georgia Annotated, related to revenue and taxation, so as to provide for a moratorium period during which valuation increases of real property shall be limited; to provide for legislative findings; to provide for the authority for this Act; to provide for procedures, conditions, limitations, and exclusions; to provide for applicability; 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. Title 48 of the Official Code of Georgia Annotated, related to revenue and taxation, is amended by adding a new chapter to read as follows:
"CHAPTER 5B
48-5B-1. (a) The General Assembly finds that the citizens and property owners of this state are experiencing a crisis in the reduction of value of real estate of unprecedented magnitude and that it is in the best interests of this state that immediate action be taken to secure the economic stability of all Georgians. (b) This crisis is having a devastating effect on the economy of the State of Georgia, and this Code section is enacted 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 and other provisions of the Constitution. (c) In recognition of the conditions set forth in subsection (a) of this Code section and pursuant to the authority specified under subsection (b) of this Code section, for taxable years beginning on or after January 1, 2009, and continuing only until the Sunday immediately preceding the second Monday in January, 2011, a moratorium is declared on all increases in the assessed value of real property except as specifically permitted under this Code section. The rate of increase of the assessed value of real property for county, municipal, or educational ad valorem tax purposes shall not exceed from one

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taxable year to the succeeding taxable year 0 percent except as otherwise permitted in this Code section. Each parcel of real property in this state shall be reassessed subject to the requirements of this Code section at least one time during the time period specified in this subsection. (d) Nothing in this Code section shall be construed to prohibit the assessed value of real property from decreasing. (e) If real property or interests therein are sold or transferred, such real property shall continue to be valued for ad valorem tax purposes at the most recent value established under subsection (c) of this Code section. (f) Substantial additions or improvements to such real property shall be valued for ad valorem tax purposes at their fair market value and shall be added to the owner's valuation amount under this subsection. (g) If property is rezoned at the request of the property owner and the use of such property is changed to conform with the use authorized by such rezoning, such property shall be valued for ad valorem tax purposes at its fair market value. (h) Nothing in this Code section shall be construed to alter or affect in any manner the authority granted to the General Assembly under Article VII, Section II, Paragraph II of the Constitution to enact homestead exemptions. (i) The provisions of this chapter shall not apply to real property in any county for which a local constitutional amendment has been continued in force and effect as part of the Constitution which imposes millage rate limitations regarding ad valorem property taxes with respect to real property in such county or county school district unless such local constitutional amendment is repealed. (j) This chapter is repealed in its entirety on the second Monday in January, 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, 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 Allison Y Amerson Y Anderson N Ashe

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw

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Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Dickson N Dobbs Y Dollar N Dooley E Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson E Floyd
Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson E Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen E Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon 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 110, nays 63.

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 "nay" thereon.

HB 181. By Representatives Austin of the 10th, Roberts of the 154th, Powell of the 171st, Harden of the 28th, Kaiser of the 59th and others:

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.

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The following Committee substitute was read and adopted:

A BILL

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-67 of the Official Code of Georgia Annotated, relating to distributions of unidentifiable sales and use tax proceeds, is amended by revising subsection (h) as follows:
"(h) The authority of the commissioner to make distributions pursuant to this Code section shall cease on December 31, 2007 2011, unless such authority is extended by a subsequent general Act of the General Assembly."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard N Battles Y Bearden E Beasley-Teague Y Benfield

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L

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Y Benton Y Black 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, D Y Collins, T Y Cooper
Cox

Y England E Epps, C Y Epps, J Y Everson E Floyd N Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

James Y Jerguson E 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 E Lane, R Y Levitas Y Lindsey N Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 5.

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

Representative James of the 135th stated that 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 Battles of the 15th, Fludd of the 66th, Long of the 61st, and Smyre of the 132nd stated that they inadvertently voted "nay" on 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 Education and referred to the Committee on Higher Education:

HB 313. By Representatives Hembree of the 67th and Millar of the 79th:

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 within the "Quality Basic Education Act," so as to revise certain provisions relating to calculating grade point averages for purposes of determining eligibility for enrollment and scholarships for postsecondary education; to provide for related matters; to repeal conflicting laws; and for other purposes.

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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 the following Bill of the House:
HB 233. By Representative Lindsey of the 54th:
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.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, February 17, 2009, 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 17, 2009.

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Representative Hall, Atlanta, Georgia

Tuesday, February 17, 2009

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

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

Abdul-Salaam E Abrams
Allison Amerson Anderson Ashe Austin Baker Barnard Battles E Beasley-Teague Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coleman Collins, D Collins, T

Cox Davis, H Davis, S Dawkins-Haigler Dempsey Dickson Dollar Dooley Drenner Dukes Ehrhart England Epps, C Epps, J Everson E Floyd Franklin Frazier Fullerton Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner Harden, B Harden, M

Hatfield Heard Heckstall Hembree E Henson Hill, C Hill, C.A Holt Horne Houston Howard Hugley Jacobs James Jerguson E Johnson, C Johnson, T Jones, S Kaiser Keen Keown E Knight Lane, B E Lane, R Levitas Lindsey Loudermilk Lucas Lunsford Maddox, B

Maddox, G Mangham Manning Marin Martin Maxwell May Mayo McCall McKillip Mills Mitchell Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Peake Powell, J Ralston Ramsey Randall Reece Reese Rice Roberts

Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C E Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V Stephens, R Stephenson Talton E Teilhet Thomas Thompson 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, Coan of the 101st, Cole of the 125th, Cooper of the 41st, Crawford of the 16th, Day of the 163rd, Dobbs of the 53rd, Fludd of the 66th, Hudson of the 124th, Jackson of the 142nd, Jordan of the 77th, Knox of the 24th, Meadows of the 5th, Millar of the 79th, Morgan of the 39th, Parsons of the 42nd, Porter of the 143rd, Powell of the 29th, Shipp of the 58th, Stephens of the 161st, Walker of the 107th, Weldon of the 3rd, and Williams of the 4th.

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395

They wish to be recorded as present.
Prayer was offered by Pastor Ralph Martin, King's Vineyard, Stockbridge, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 414. By Representatives Ramsey of the 72nd, Willard of the 49th, Cole of the 125th, Lindsey of the 54th and Pruett of the 144th:
A BILL to be entitled an Act to amend Code Section 9-11-12 of the Official Code of Georgia Annotated, relating to answers, defenses, and objections in civil practice, so as to provide for a stay of discovery when a motion to dismiss is filed; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws, and for other purposes.
Referred to the Committee on Judiciary.

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HB 415. By Representatives Peake of the 137th and Wilkinson of the 52nd:
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 expenses of constructing, operating, and maintaining broadband or wireless telephone towers constructed in this state; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 416. By Representatives Cox of the 102nd, Jerguson of the 22nd, Williams of the 178th, Burns of the 157th and Knight of the 126th:
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 make certain findings and declarations; to define certain terms; to regulate the use of certain drugs on wildlife; to establish a permit application for administering fertility control drugs to wildlife; to require a permit for administering fertility control drugs to wildlife; to provide for rules and regulations; to provide for penalties; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 417. By Representatives Neal of the 1st, Meadows of the 5th, Knox of the 24th, Maxwell of the 17th and Hembree of the 67th:
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 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 provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 418. By Representative Loudermilk of the 14th:
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'

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associations, so as to provide for the suspension of lot owners' obligations for the payment of assessments when the board of directors of an association is not in compliance with the Georgia Property Owners' Association Act, the articles of incorporation of the association, or the bylaws adopted by the association; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 419. By Representatives Smith of the 70th, Ehrhart of the 36th, Stephens of the 164th, Golick of the 34th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Code Section 48-7-29.14 of the Official Code of Georgia Annotated, relating to the income tax credit for certain clean energy property, so as to change certain provisions regarding allocation and prioritization of credits; to change certain provisions regarding domestic water heating installations; 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 420. By Representatives Day of the 163rd, Stephens of the 164th, Bryant of the 160th, Carter of the 159th, Stephens of the 161st and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by persons with disabilities, so as to require that sport shooting ranges are accessible to persons in wheelchairs; to clarify definitions so as to include sport shooting ranges as a facility required to be accessible to persons in wheelchairs; to provide for legislative findings; 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 Human Relations & Aging.
HB 421. By Representatives Geisinger of the 48th, Parsons of the 42nd, Martin of the 47th, Burkhalter of the 50th, Bearden of the 68th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of the Governor generally, so as to provide that the Governor shall be authorized to take such action as necessary to cause the State of Georgia and the Southern States Energy Board to conduct an inventory of oil and natural gas in the

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coastal areas of Georgia and investigate the possibilities of exploration and drilling; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 422. By Representatives Cooper of the 41st, Parsons of the 42nd, Manning of the 32nd, Wix of the 33rd, Setzler of the 35th and others:
A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to negotiating railroad crossings and entering highways from private driveways, so as to authorize local governments by ordinance or resolution to authorize the operation of bicycles on sidewalks within the jurisdiction of such local governments; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.
HB 423. By Representatives Casas of the 103rd, Hembree of the 67th, Coleman of the 97th, Hill of the 21st, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend Part 8 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education relative to the "Quality Basic Education Act," so as to provide for a home study student to participate in a dual enrollment program contingent upon certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 424. By Representatives Williams of the 4th, Dickson of the 6th and Jerguson of the 22nd:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and business, so as to provide for review of existing regulatory entities to determine the need for change to their current regulations; to provide for the evaluation of the regulations of existing regulatory entities; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.

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399

HB 425. By Representative Mills of the 25th:
A BILL to be entitled an Act to amend Code Section 48-8-45 of the Official Code of Georgia Annotated, relating to sales and use tax, reporting of sales, and deductibility of bad debts, so as to change provisions relating to deduction of bad debts by persons reporting on an accrual basis; to authorize refunds as well as deductions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 426. By Representatives Dempsey of the 13th, Burkhalter of the 50th, Porter of the 143rd, Cole of the 125th, Manning of the 32nd and others:
A BILL to be entitled an Act to amend Code Section 33-24-59.10 of the Official Code of Georgia Annotated, relating to insurance coverage for autism, so as to require certain insurance coverage of autism spectrum disorders; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 427. By Representatives Stephens of the 164th, Willard of the 49th, Williams of the 165th, Hill of the 180th, Gordon of the 162nd and others:
A BILL to be entitled an Act to amend Code Section 36-88-6, relating to criteria for an enterprise zone, so as to provide for certain criteria for pervasive property; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HB 428. By Representatives Kaiser of the 59th, Thomas of the 100th, Gardner of the 57th, Manning of the 32nd, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, so as to provide that financial assistance received by parents adopting a special needs child from such department shall extend to a person taking custody of such child under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 429. By Representatives Cooper of the 41st, Burkhalter of the 50th, Golick of the 34th, Lunsford of the 110th, Maddox of the 172nd and others:
A BILL to be entitled an Act to amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to protective orders and consent agreements in family violence situations, so as to provide protection for family pets; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 430. By Representative Franklin of the 43rd:
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 provide a short title; to provide legislative findings; to define certain terms; to require any bank or lending institution serving as a depository for the state or any department or agency of the state to offer and to accept gold and silver coin for deposit; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide legislative findings; to define certain terms; to require the exclusive use of gold and silver coin as tender in payment of debts by or to the state; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 431. By Representative McCall of the 30th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Elbert County shall be nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 432. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Randolph County, approved February 28, 1994 (Ga. L. 1994, p. 3575), as amended, so as to provide for organization and officers of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HR 292. By Representative Sims of the 169th:
A RESOLUTION recognizing the accomplishments of James C. Moore and dedicating a highway in honor; and for other purposes.
Referred to the Committee on Transportation.
HR 293. 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 RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication of revenues derived from certain fees or assessments to any one or more state programs for the protection, preservation, management, remediation, and restoration of natural resources; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.
HR 294. By Representatives Ralston of the 7th and Sims of the 169th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that a coroner shall be a county officer where such office has not been abolished by local constitutional amendment and for the election, term, qualifications, powers, and duties thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 295. By Representatives Williams of the 165th, Brooks of the 63rd, Heard of the 114th, Murphy of the 120th, Collins of the 95th and others:
A RESOLUTION acknowledging Georgia's role in slavery and urging reconciliation; and for other purposes.
Referred to the Committee on Special Rules.
HR 316. By Representative Channell of the 116th:
A RESOLUTION urging and requesting the Department of Community Health to work in conjunction with state-wide medical organizations

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representing pediatric physicians to obtain or prepare and disseminate written materials, at appropriate literacy levels, containing information about the possible complications, proper care, and support for pre-term infants; 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 392 HB 393 HB 394 HB 395 HB 396 HB 397 HB 398 HB 399 HB 400 HB 401 HB 402 HB 403 HB 404

HB 405 HB 406 HB 407 HB 408 HB 409 HB 410 HB 411 HB 412 HB 413 HR 280 HR 281 HR 282 SB 31

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

HB 156 Do Pass HR 259 Do Pass

Respectfully submitted, /s/ Yates of the 73rd
Chairman

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

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403

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 149 HB 229 HB 251

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

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Golick of the 34th 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 50 Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 34th
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 167 Do Pass HB 216 Do Pass

Respectfully submitted, /s/ Willard of the 49th
Chairman

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Representative Maxwell of the 17th 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 172 Do Pass, by Substitute HB 202 Do Pass, by Substitute
Respectfully submitted, /s/ Maxwell of the 17th
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 102 Do Pass HR 249 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 279 Do Pass, by Substitute
Respectfully submitted, /s/ Barnard of the 166th
Chairman
Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:

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405

Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 101 Do Pass HB 169 Do Pass

Respectfully submitted, /s/ Smith of the 168th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 17, 2009

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 29 HB 190 HB 294 HB 320

Service and filing pleadings; electronic service; provide (Substitute)(JudyJacobs-80th) Employees' Retirement System of Georgia; death benefit; clarify provisions (Ret-Benton-31st) Technical college or institution; legislative approval for creation or discontinuation; require (HEd-Parrish-156th) Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority (Ret-Pruett-144th)

Modified Open Rule

HB 217 HB 326

Physicians; influenza vaccine orders; provisions (Substitute)(H&HS-Pruett144th) Licenses; hunting, fishing, and trapping; change certain provisions (Substitute)(GF&P-Lane-158th)

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Modified Structured Rule

None

Structured Rule

None

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

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

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

Mr. Speaker:

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

SB 5.

By Senators Thomas of the 54th, Hill of the 4th, Harp of the 29th, Stoner of the 6th, Hill of the 32nd and others:

A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; to repeal conflicting laws; and for other purposes.

SB 6.

By Senators Jackson of the 24th, Williams of the 19th, Goggans of the 7th, Douglas of the 17th, Grant of the 25th and others:

A BILL to be entitled an Act to amend Code Section 40-5-30 of the Official Code of Georgia Annotated, relating to restricted licenses, so as to change the penalty for violation of restrictions of a driver's license; to repeal conflicting laws; and for other purposes.

SB 45. By Senators Harp of the 29th, Thomas of the 54th, Balfour of the 9th, Grant of the 25th, Henson of the 41st and others:

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407

A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the requirements for nursing education programs required for licensure as an advanced practice registered nurse, registered professional nurse, or licensed practical nurse; to revise definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 46. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th:
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 delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 47. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th:
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 48. By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official

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Code of Georgia Annotated; to provide effective dates; to repeal conflicting laws; and for other purposes.
SB 49. By Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Cowsert of the 46th, Butterworth of the 50th 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 revise certain provisions relating to nursing education program requirements for registered professional nurses; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 63. By Senators Hudgens of the 47th, Williams of the 19th, Mullis of the 53rd and Butterworth of the 50th:
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.
SB 85. By Senators Heath of the 31st, Cowsert of the 46th, Pearson of the 51st, Butterworth of the 50th, Tolleson of the 20th and others:
A BILL to be entitled an Act to amend Title 6 of the O.C.G.A., relating to aviation, so as to create the Georgia Aviation Authority; to amend Code Section 32-2-2 of the O.C.G.A., relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19 of Title 50 of the O.C.G.A., relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to the powers and duties of the Department of Transportation with respect to state air transportation; to provide for other related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:

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409

SR 1.

By Senators Rogers of the 21st, Shafer of the 48th, Seabaugh of the 28th, Williams of the 19th, Pearson of the 51st and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide for prioritized funding requirements regarding certain supplementary appropriations Acts; to provide for procedures, conditions, and limitations; 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.

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

SB 5.

By Senators Thomas of the 54th, Hill of the 4th, Harp of the 29th, Stoner of the 6th, Hill of the 32nd and others:

A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

SB 6.

By Senators Jackson of the 24th, Williams of the 19th, Goggans of the 7th, Douglas of the 17th, Grant of the 25th and others:

A BILL to be entitled an Act to amend Code Section 40-5-30 of the Official Code of Georgia Annotated, relating to restricted licenses, so as to change the penalty for violation of restrictions of a driver's license; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 45.

By Senators Harp of the 29th, Thomas of the 54th, Balfour of the 9th, Grant of the 25th, Henson of the 41st and others:

A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the requirements for nursing education programs required for licensure as an advanced practice registered nurse, registered professional nurse, or licensed practical nurse; to revise definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Health & Human Services.

SB 46.

By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th:

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 delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Code Revision.

SB 47.

By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th:

A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Code Revision.

SB 48.

By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct

TUESDAY, FEBRUARY 17, 2009

411

capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Code Revision.

SB 49.

By Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Cowsert of the 46th, Butterworth of the 50th 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 revise certain provisions relating to nursing education program requirements for registered professional nurses; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SB 63.

By Senators Hudgens of the 47th, Williams of the 19th, Mullis of the 53rd and Butterworth of the 50th:

A BILL to be entitled an Act to amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to a required license for any multiple employer self-insured health plan to transact business in this state and health plans of municipalities, counties, or other political subdivisions, so as to provide that any plan or arrangement established or maintained by two or more accredited independent nonproprietary institutions of higher education located in this state is not subject to the requirements relating to multiple employer self-insured health plans; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 85.

By Senators Heath of the 31st, Cowsert of the 46th, Pearson of the 51st, Butterworth of the 50th, Tolleson of the 20th and others:

A BILL to be entitled an Act to amend Title 6 of the O.C.G.A., relating to aviation, so as to create the Georgia Aviation Authority; to amend Code Section 32-2-2 of the O.C.G.A., relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19 of Title 50 of the O.C.G.A., relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to

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the powers and duties of the Department of Transportation with respect to state air transportation; to provide for other related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SR 1.

By Senators Rogers of the 21st, Shafer of the 48th, Seabaugh of the 28th, Williams of the 19th, Pearson of the 51st and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide for prioritized funding requirements regarding certain supplementary appropriations Acts; to provide for procedures, conditions, and limitations; 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.

Representative Lindsey of the 54th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Resolution of the House:

HR 1.

By Representatives Lindsey of the 54th, Keen of the 179th, Roberts of the 154th, Bryant of the 160th, Day of the 163rd and others:

A RESOLUTION proposing an amendment to the Constitution so as 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.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden E Beasley-Teague

Crawford N Davis, H Y Davis, S N Dawkins-Haigler
Day E Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes

N Heckstall Hembree
E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard
Hudson N Hugley N Jackson

Y Manning N Marin Y Martin
Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C E Sinkfield Y Smith, B

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413

N Benfield Y Benton Y Black 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, D N Collins, T Y Cooper Y Cox

Y Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton E Golick N Gordon Y Graves N Greene Y Hamilton N Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Jacobs N James Y Jerguson E Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown E Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 101, nays 58.

N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall
Reece Y Reese Y Rice Y Roberts Y Rogers

Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton
Taylor E Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix
Yates Richardson, Speaker

The motion prevailed.

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.

Representative Lucas of the 139th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 233. By Representative Lindsey of the 54th:

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.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam E Abrams N Allison N Amerson N Anderson

Crawford Y Davis, H N Davis, S Y Dawkins-Haigler N Day

Y Heckstall N Hembree E Henson N Hill, C N Hill, C.A

N Manning Y Marin N Martin
Maxwell N May

N Rynders N Scott, A N Scott, M N Sellier N Setzler

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Y Ashe N Austin Y Baker N Barnard N Battles N Bearden E Beasley-Teague Y Benfield N Benton Y Black 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, D Y Collins, T N Cooper N Cox

E Dempsey N Dickson Y Dobbs N Dollar Y Dooley Y Drenner Y Dukes N Ehrhart N England Y Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton E Golick Y Gordon N Graves N Greene N Hamilton Y Hanner N Harbin N Harden, B N Harden, M N Hatfield Y Heard

N Holt N Horne N Houston Y Howard
Hudson Y Hugley Y Jackson N Jacobs Y James N Jerguson E Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown E Knight N Knox N Lane, B E Lane, R N Levitas N Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham

On the motion, the ayes were 58, nays 104.

Y Mayo N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell N Morgan N Morris Y Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish N Parsons N Peake Y Porter N Powell, A N Powell, J N Pruett N Ralston N Ramsey Y Randall
Reece N Reese N Rice N Roberts N Rogers

Shaw N Sheldon Y Shipp N Sims, B N Sims, C E Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V Y Smyre N Stephens, M N Stephens, R Y Stephenson N Talton
Taylor E Teilhet Y Thomas Y Thompson Y Walker N Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix
Yates Richardson, Speaker

The motion was lost.

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

McCall of the 30th, Mayo of the 91st, and Stephens of the 164th.

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

HR 102. By Representative Fludd of the 66th:

A RESOLUTION commending the Leadership Atlanta Class of 2009 and inviting them to appear before the House of Representatives; and for other purposes.

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415

HR 249. By Representatives Sellier of the 136th, Greene of the 149th, Harden of the 147th, Cooper of the 41st and O`Neal of the 146th:

A RESOLUTION commending the Georgia Peach Festival and inviting the 2009 Georgia Peach Queens to appear before the House of Representatives; and for other purposes.

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

HB 294. By Representatives Parrish of the 156th, Hembree of the 67th, Nix of the 69th, Epps of the 128th, Knight of the 126th 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 require legislative approval for the creation, consolidation, suspension, or discontinuation of a technical college or institution under the State Board of Technical and Adult Education; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representatives Millar of the 79th and Parrish of the 156th move to amend HB 294 by inserting after "suspension," on line 3 the following:

relinquishment of control, transfer,

By inserting after "State Board of Technical and Adult Education" on line 12 the following:

or any relinquishment of control or transfer of such technical college or institution to the Board of Regents of the University System of Georgia or any other state entity

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 Allison Y Amerson Y Anderson

Y Crawford Y Davis, H Y Davis, S
Dawkins-Haigler Y Day

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

Y Manning Y Marin
Martin Y Maxwell Y May

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler

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Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y 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, D Y Collins, T Y Cooper
Cox

Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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

Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby
Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, as amended, the ayes were 158, nays 1.

Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton
Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representatives Dawkins-Haigler of the 93rd and Mangham of the 94th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the votes of Representatives Cox of the 102nd and Murphy of the 120th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem assumed the Chair.

HB 326. By Representatives Lane of the 158th, Knight of the 126th, Williams of the 165th, Burns of the 157th, Dobbs of the 53rd and others:

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417

A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to change certain provisions relating to effective periods of hunting, fishing, and trapping licenses generally; to amend an Act to amend Title 27 of the O.C.G.A., approved March 10, 1992 (Ga. L. 1992, page 470), so as to delete certain provisions relating to reduction of game and fish license, permit, tag, and stamp fees; to amend an Act to amend Title 27 of the O.C.G.A., approved June 3, 2003 (Ga. L. 2003, page 654), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to amend an Act to amend Article 1 of Chapter 2 of Title 27 of the O.C.G.A., approved May 5, 2005 (Ga. L. 2005, page 517), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to effective periods of hunting, fishing, and trapping licenses generally; to change certain provisions relating to archery and primitive weapons hunting license, all weapons hunting license, sportsman license, license card carrier requirement, and creation of lifetime sportsman's license; to change certain provisions relating to required hunter education courses; to change certain provisions relating to trout license, official Georgia waterfowl license, big game license, and alligator hunting license; to change certain provisions relating to powers of department as to making and entering into agreements relating to hunting license reciprocity; to change certain provisions relating to falconry permits, duties, permitted acts, and prohibitions pertaining to permit holders; to change certain provisions relating to field and retriever trials, permits, and hunting licenses; to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to change certain provisions relating to laws applicable to shooting preserves and requirements as to hunting licenses; to amend an Act to amend Title 27 of the Official Code of Georgia Annotated, approved March 10, 1992 (Ga. L. 1992, page 470), so as to delete certain provisions relating to reduction of game and fish license, permit, tag, and stamp fees; to amend an Act to amend Title 27 of the Official Code of Georgia Annotated, approved June 3, 2003 (Ga. L. 2003, page 654), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to amend an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, approved May 5, 2005 (Ga. L. 2005, page 517), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-2-3, relating to effective periods of hunting, fishing, and trapping licenses generally, as follows:
"27-2-3. (a) Except as otherwise specifically provided, all hunting, fishing, and trapping licenses, including without limitation commercial fishing and commercial fishing boat licenses issued pursuant to Code Section 27-2-8, shall be effective from April 1 to March 31 of the following year; except that all annual, two-year, or other multi-year hunting, fishing, and hunting and fishing combination licenses issued pursuant to paragraphs (1) through (4) of Code Section 27-2-23 shall be effective for 12 months from through the applicable one-, two-, or multi-year anniversary of the date of issuance. (b) Multi-year licenses valid for any desired number of years may be purchased through a single transaction for licenses listed in paragraphs (1) through (4) of Code Section 27-2-23. The fee for any such multi-year license shall be equivalent to the lowest cost combination of annual or two-year licenses necessary to form the desired multi-year license period. No multi-year license shall be valid at the time of hunting or fishing unless the licensee is a resident of this state at such time."
SECTION 2. Said title is further amended by revising subsection (a) of Code Section 27-2-3.1, relating to archery and primitive weapons hunting license, all weapons hunting license, sportsman license, license card carrier requirement, and creation of lifetime sportsman's license, as follows:
"(a) Persons hunting during any archery season or primitive weapons season must purchase a primitive weapons license, unless otherwise provided by this title Reserved."
SECTION 3. Said title is further amended by revising subsection (e) of Code Section 27-2-5, relating to required hunter education courses, as follows:
"(e) Any person applying for a season nonresident hunting an annual nonresident hunting/fishing license may provide a certificate of completion or such other evidence of completion the department deems acceptable of the official hunter education or hunter safety course of such person's state of residence if that course shall have been approved by the department. Those persons applying for a hunting license other than a season hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain the license."

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419

SECTION 4. Said title is further amended by revising subsection (b) of Code Section 27-2-6, relating to trout license, official Georgia waterfowl license, big game license, and alligator hunting license, as follows:
"(b) It shall be unlawful for any person who has attained the age of 16 years to hunt or possess big game unless such person has in his or her possession a big game license in addition to the required hunting license; provided, however, that all nonresidents, regardless of age, must possess a nonresident hunting hunting/fishing license along with any harvest records required by law or regulation to hunt big game in this state."
SECTION 5. Said title is further amended by revising subsections (a) and (c) of Code Section 27-2-7, relating to powers of department as to making and entering into agreements relating to hunting license reciprocity, as follows:
"(a) The department is authorized to make and enter into agreements, from time to time, with the proper authorities of the States of Alabama, Florida, South Carolina, North Carolina, and Tennessee whereby a citizen of the State of Georgia who owns farm lands in such adjoining states may purchase a resident hunting license in the state in which his land is situated which will permit said Georgia citizen to hunt on his own land in the adjoining state without purchasing a nonresident hunting license in that state. The department is authorized to reciprocate this courtesy and issue a resident hunting license in Georgia to citizens of such adjoining states who own farm lands in Georgia, permitting such citizens to hunt on their own land in Georgia without purchasing a nonresident hunting hunting/fishing license." "(c) The department is authorized to make and enter into agreements, from time to time, with the proper authorities of the States of Alabama, Florida, North Carolina, South Carolina, and Tennessee, regarding nonresident hunting hunting/fishing license fees, seasons, and bag limits; provided, however, that such seasons and bag limits for nonresident hunters shall not be less restrictive than those which control Georgia residents; and provided, further, that nonresident license fees in Georgia shall not be less than the amount established in Code Section 27-2-23 for a small game hunting license and for a big game hunting license."
SECTION 6. Said title is further amended by revising subsections (a) and (w) of Code Section 27-2-17, relating to falconry permits, duties, permitted acts, and prohibitions pertaining to permit holders, as follows:
"(a) It shall be unlawful for any person to trap, take, transport, or possess raptors for falconry purposes unless the person first procures, in addition to a valid hunting license, a valid falconry permit as provided in Code Section 27-2-23, provided that it shall not be unlawful for a nonresident to transport or possess raptors in this state for falconry purposes if the person has a nonresident hunting hunting/fishing license, as provided in

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Code Section 27-2-23, and a falconry license or permit from the state of residence of the person, which state meets federal falconry standards." "(w) It shall be lawful for a nonresident to take or attempt to take raptors from the wild in this state if the nonresident has a valid general or master level falconry permit from such person's state of residence and a valid Georgia nonresident hunting hunting/fishing license and if such person's state of residence provides the same privileges to residents of Georgia."

SECTION 7. Said title is further amended by revising subsection (c) of Code Section 27-2-21, relating to field and retriever trials, permits, and hunting licenses, as follows:
"(c) All persons participating in a field or retriever trial will be required to have an appropriate resident or nonresident hunting license or nonresident hunting/fishing license unless the field or retriever trial is recognized by a nationally registered field trialing organization or unless the field or retriever trial is conducted by a local field trialing organization based in the State of Georgia which is recognized by the department as being qualified to conduct such trial."

SECTION 8. Said title 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

(B) Nonresident Resident hunting license

AnnualTwo-year

75.00 18.00

(C) Nonresident three-day hunting license Three-day

30.00

(D) Resident one-day hunting license

One-day

5.50

(D.1) Nonresident one-day hunting license One-day

12.00

(E)(C) Resident big game license (F)(D) Nonresident big game license

Annual Annual

9.00 135.00 195.00

(F.1)(E) Nonresident three-day big game Three-day license

50.00 90.00

(F) Resident big game license

Two-year

16.00

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(G) Nonresident shooting Shooting preserve

hunting license valid for residents and Season

nonresidents

Two-year

(H) Commercial fox hunting preserve license Season

(I) Commercial fox breeder license

Season

(J) Waterfowl license valid for residents and nonresidents

Annual

(K) Waterfowl license valid for residents and

nonresidents

Two-year

(K)(L) Georgia migratory bird license

Annual

(L) Resident primitive weapons license

Annual

(M) Nonresident primitive weapons license Annual

(2) Hunting and fishing licenses:

(2) (A) Resident hunting/fishing license

Annual

(B) Resident hunting/fishing license

Two-year

(C) Nonresident hunting/fishing license

Three-day

(D) Resident hunting/fishing license

Three-day

(E) Nonresident hunting/fishing license

Annual

(3) Sportsman's licenses:

(3) (A) Resident sportsman's license

Annual

(B) Resident sportsman's license (4) Recreational fishing licenses:
(A) Resident fishing license (B) Resident fishing license (B)(C) Nonresident fishing license

Two-year
Annual Two-year Annual

(C) Nonresident fishing license

Seven-day

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12.00 60.00 60.00
5.50
11.00 Free
.00 25.00
17.00 31.00 20.00
3.50 100.00
60.00 55.00 105.00
9.00 16.00 24.00 45.00
7.00

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(D) Fishing license, valid for residents and nonresidents (E)(D) Resident trout license (E) Resident trout license (F) Resident trout license (F)(G) Nonresident trout license

One-day Annual Two-year Three-day Annual

(H) Nonresident trout license

Three-day

(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

3.50 5.00 10.00 3.50 13.00 20.00 10.00
30.00 295.00
12.00 118.00 12.00 118.00
295.00 415.00 180.00
10.00 59.00
5.00 30.00 50.00 59.00

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423

(G) Commercial shooting preserve license Annual

150.00

(H) Private shooting preserve license

Annual

75.00 50.00

(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 Resident alligator hunting Annual license

50.00

(R) Nonresident alligator hunting license

Annual

200.00

(R)(S) Wild animal license

Annual

236.00

(S)(T) Wild animal auction license

Seven-day

5,000.00

(T)(U) Resident bait dealer license

Season

25.00

(U)(V) 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, or licenses, or stamps; a fee of $38.00 for resident two-year use permits; or a fee not to exceed $73.00 for nonresident annual

use permits or licenses to hunt and fish on or otherwise use specially designated

streams, lakes, public fishing areas, or wildlife management areas or a fee not to

exceed $73.00 for nonresident permits, licenses, or stamps issued under this

paragraph.

(10) The fees established in subparagraphs (1)(A) through (1)(F), (2)(A), (2)(B),

(2)(E), (3)(A), (3)(B), (4)(A), (4)(B), (4)(C), (4)(D), (4)(E), and (4)(G) of this Code

section shall be reduced by $2.75 for each renewal transaction made before the

expiration date of the then current license or tag. For purposes of this paragraph, the

term 'renewal transaction' means the renewal of one or more licenses by a licensee

during a single telephone call, Internet session, or on-site visit to a store."

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SECTION 9. Said title is further amended by revising Code Section 27-3-114, relating to laws and regulations applicable to shooting preserves and requirements as to hunting licenses, as follows:
"27-3-114. Except as otherwise specifically provided, all wildlife laws and regulations shall be in full force and effect on shooting preserves licensed pursuant to this article. Specifically, hunting licenses shall be required of all persons hunting on such preserves; provided, however, that it shall be lawful for any resident or nonresident to hunt pen raised game birds on such a preserve with a nonresident shooting preserve hunting license as provided in Code Section 27-2-23; and provided, further, that it shall be lawful for any person to hunt pen raised game birds without a hunting license on a shooting preserve which possesses a valid blanket shooting preserve license as provided in Code Section 27-2-23."
SECTION 10. An Act to amend Title 27 of the Official Code of Georgia Annotated, approved March 10, 1992 (Ga. L. 1992, p. 470), is amended by deleting the proviso at the end of Section 5 which reads as follows:
"; provided, however, that the fees which are increased in Sections 1 and 3 of this Act shall on March 31, 2012, be reduced to the level of such fees prior to the effective date of this Act"
SECTION 11. An Act to amend Title 27 of the Official Code of Georgia Annotated, approved June 3, 2003 (Ga. L. 2003, p. 654), is amended by repealing Section 7B and deleting paragraph (3) of subsection (b) of Section 14 which reads as follows:
"(3) Section 7B of this Act shall become effective on March 12, 2012."
SECTION 12. An Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, approved May 5, 2005 (Ga. L. 2005, p. 517), is amended by repealing Section 2 and deleting the exception at the end of Section 3 which reads as follows:
"; except that Section 2 of this Act shall become effective on March 31, 2012."
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.

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425

The report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J
Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons
Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton E Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 164, nays 2.

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

Representative Dawkins-Haigler of the 93rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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HB 190. By Representatives Benton of the 31st and Meadows of the 5th:

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 clarify provisions relative to a death benefit for certain members of such retirement system; to provide for the authority to increase liability contribution rates for certain 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.

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

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

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C
Epps, J Everson Y Floyd Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton E Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

TUESDAY, FEBRUARY 17, 2009

427

On the passage of the Bill, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representatives Abrams of the 84th, Bryant of the 160th, and Epps of the 140th stated that 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 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of action and service, so as to provide for electronic service of pleadings subsequent to the original complaint; 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 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of action and service, is amended by revising subsection (b) of Code Section 9-11-5, relating to service and filing of pleadings subsequent to the original complaint and other papers, as follows:
"(b) Same -- How made. Whenever under this chapter service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him the person to be served or by mailing it to him the person to be served at his the person's last known address or, if no address is known, by leaving it with the clerk of the court. As used in this Code section, the term 'delivery of a copy' means handing it to the attorney or to the party, person to be served or leaving it at his the person to be served's office with his clerk or other a person in charge thereof or, if the such office is closed or the person to be served has no office, leaving it at his the person to be served's dwelling house or

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usual place of abode with some person of suitable age and discretion then residing therein. 'Delivery of a copy' also means transmitting a copy via electronic mail in portable document format (PDF) to the person to be served using all electronic mail addresses provided pursuant to subsection (f) of this Code section and showing in the subject line of the electronic mail message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail is complete upon mailing. Proof of service may be made by certificate of an attorney or of his or her employee, by written admission, by affidavit, or by other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service."
SECTION 2. Said article is further amended by adding new subsections to Code Section 9-11-5, relating to commencement of action and service, to read as follows:
"(f)(1) Electronic service of pleadings. A party may consent to being served with pleadings electronically by:
(A) Filing a notice of consent to electronic service and including the party's electronic mail address or addresses in such pleading; or (B) Including the party's electronic mail address or addresses in or below the signature block of the complaint or answer, as applicable to the party. (2) A party may rescind his or her election to be served with pleadings electronically by filing and serving a notice of such rescission. (3) If a party agrees to electronic service of pleadings, such party bears the responsibility of providing notice of any change in his or her electronic mail address or addresses. (g) Presumption of service. If a party produces satisfactory evidence of service of a pleading, it shall be presumed that the person to be served received the pleading; provided, however, that such presumption may be rebutted."
SECTION 3. Said article is further amended by revising subsection (e) of Code Section 9-11-6, relating to time, as follows:
"(e) Additional time after service by mail or electronic mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served upon him the party by mail or electronic mail, three days shall be added to the prescribed period."
SECTION 4. This Act shall become effective on January 1, 2010.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 17, 2009

429

The report of the Committee, which was favorable to the passage of the Bill, 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
N Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C
Epps, J Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix N Oliver
O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton E Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 152, nays 7.

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

Representatives Abrams of the 84th, Bryant of the 160th, Epps of the 140th, Lucas of the 139th, and Stephenson of the 92nd stated that they had been called from the floor of

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the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Mitchell of the 88th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 320. By Representatives Pruett of the 144th, Sellier of the 136th, Harden of the 28th, Hembree of the 67th and Day of the 163rd:

A BILL to be entitled an Act to amend Code Section 47-2-318 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia of officers and employees of the Georgia Environmental Facilities Authority, creditable service, and contributions, so as to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox

Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter

Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton E Taylor E Teilhet Y Thomas Y Thompson

TUESDAY, FEBRUARY 17, 2009

431

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

E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 166, nays 0.

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

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

HB 217. By Representatives Pruett of the 144th, Channell of the 116th, Carter of the 159th, Cooper of the 41st, Stephens of the 164th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the use of influenza vaccine orders for a group of patients; to provide for influenza vaccine protocol agreements between physicians and pharmacists or nurses; to provide for definitions; to provide requirements for the content of influenza vaccine protocol agreements; to provide that a party to an influenza vaccine protocol agreement shall not delegate his or her authority; to provide for statutory construction; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to authorize the use of influenza vaccine orders for a group of patients; to provide for influenza vaccine protocol agreements between physicians and pharmacists or nurses; to provide for definitions; to provide requirements for the content of influenza vaccine protocol agreements; to provide that a party to an influenza vaccine protocol agreement shall not delegate his or her authority; to provide for statutory construction; to provide for policies for handling used equipment; to limit the number of influenza vaccine protocol agreements in which a physician may enter at any one time; to prohibit certain entities from entering into influenza vaccine protocol agreements; to provide for rules and regulations; to provide for limited liability; to provide for

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applicability; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding a new Code section to read as follows:
"43-34-26.4. (a) As used in this Code section, the term:
(1) 'Administer' means the provision of a unit dose of influenza vaccine by a pharmacist or nurse pursuant to an influenza vaccine order contained in an influenza vaccine protocol agreement with a physician. (2) 'Adverse event' means an event that is a negative consequence of the administration of influenza vaccine by a pharmacist or nurse that results in an unintended reaction, injury, or illness, which may or may not have been preventable. (3) 'Board' means the Composite State Board of Medical Examiners. (4) 'Influenza vaccine' means a vaccine administered by injection that contains inactivated influenza viruses that is prepared for the applicable season and that is administered to produce or increase immunity to the influenza virus. (5) 'Influenza vaccine order' means a prescription drug order, contained in an influenza vaccine protocol agreement, for influenza vaccine issued by a physician for a group of patients that meet a certain criteria and to be administered by a pharmacist or a nurse. An influenza vaccine order shall also mean a prescription drug order, contained in an influenza vaccine protocol agreement, for epinephrine issued by a physician for a group of patients that meet a certain criteria and to be administered by a pharmacist or a nurse only upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (6) 'Influenza vaccine protocol agreement' means a written document mutually agreed upon and signed by a physician and a pharmacist or by a physician and a nurse, by which document the physician prescribes influenza vaccine and epinephrine, if determined appropriate by the physician, by means of an influenza vaccine order for administration by a pharmacist or a nurse. (7) 'Nurse' means a registered professional nurse as defined in paragraph (9) of Code Section 43-26-3. (8) 'Pharmacist' means an individual licensed under Chapter 4 of Title 26 to engage in the practice of pharmacy in the State of Georgia. (9) 'Pharmacy intern' means a pharmacy intern as defined in paragraph (19) of Code Section 26-4-5. (10) 'Physician' means an individual licensed to practice medicine and surgery pursuant to this article and whose principal place of practice is located in this state.

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(b) A physician engaged in the active practice of medicine may prescribe influenza vaccine for a group of patients via an influenza vaccine order contained in an influenza vaccine protocol agreement to be administered by a pharmacist, provided the physician is registered with the vaccination registry established by the Department of Human Resources pursuant to Code Section 31-12-3.1, commonly known as the Georgia Registry of Immunization Transactions and Services, the pharmacist is located within the county of the physician's place of registration with the vaccination registry or a county contiguous thereto, and the pharmacist holds current certification in Basic Cardiac Life Support and has completed a course of training accredited by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the Georgia State Board of Pharmacy. A physician who is a party to an influenza vaccine protocol agreement may also prescribe epinephrine via an influenza vaccine order contained in an influenza vaccine protocol agreement for administration by a pharmacist upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (c) A physician engaged in the active practice of medicine may prescribe influenza vaccine for a group of patients via an influenza vaccine order contained in an influenza vaccine protocol agreement to be administered by a nurse, provided the physician is registered the vaccination registry established by the Department of Human Resources pursuant to Code Section 31-12-3.1, commonly known as the Georgia Registry of Immunization Transactions and Services, the nurse is located within the county of the physician's place of registration with the vaccination registry or a county contiguous thereto, and the nurse holds current certification in Basic Cardiac Life Support. A physician who is a party to an influenza vaccine protocol agreement may also prescribe epinephrine via an influenza vaccine order contained in an influenza vaccine protocol agreement for administration by a nurse upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (d) An influenza vaccine protocol agreement between a physician and a pharmacist or a physician and a nurse pursuant to this Code section shall, without limitation:
(1) Contain the current names, addresses, telephone numbers, and professional license numbers of the physician and the pharmacist or nurse; (2) Contain a provision for immediate consultation between the pharmacist or nurse and the physician. If the physician is not available, the physician for purposes of consultation may designate another physician who concurs with the terms of the influenza vaccine protocol agreement; (3) Require the pharmacist or nurse to provide the influenza vaccine recipient with the appropriate and current Vaccine Information Statement (VIS) as provided by the federal Centers for Disease Control and Prevention;

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(4) Require the pharmacist or nurse or his or her employer to retain documentation of each dose of influenza vaccine administered. Such documentation shall include, but not be limited to:
(A) The administering pharmacist's or nurse's name, address, telephone number, and professional license number; (B) The name, dose, manufacturer, and lot number of the influenza vaccine; (C) The vaccine recipient's name, address, date of birth, and telephone number; (D) The date of administration and injection site; (E) A signed and dated consent form by which the vaccine recipient acknowledges receipt of the VIS and consents to the administration of the influenza vaccine; and (F) Any adverse events or complications that occur; (5) Require the pharmacist or nurse to enter the patient's influenza vaccine information in the Georgia Registry of Immunization Transactions and Services within the registry's designated time frame, or as designated by the Department of Human Resources; (6) Require, as a condition of administration of the influenza vaccine,the influenza vaccine recipient to remain under the observation of the administering pharmacist or nurse for a period of not less than 15 minutes immediately subsequent to the administration of the influenza vaccine; (7) Contain procedures to follow up on the occurrence of an adverse event or complication including, if prescribed via an influenza vaccine order contained in an influenza vaccine protocol agreement, the administration of epinephrine; (8) Provide for prioritization of influenza vaccine recipients in the event the supply of influenza vaccine is limited; and (9) Be renewed and, if necessary, revised or updated biennially by the physician and the pharmacist or nurse. An influenza vaccine protocol agreement that is not renewed biennially shall expire. (e) A pharmacist that is a party to an influenza vaccine protocol agreement pursuant to this Code section shall not delegate the administration of influenza vaccine to any individual other than a pharmacy intern under the direct supervision of the pharmacist whether or not any such other individual is under the supervision, direct or otherwise, of the pharmacist. (f) A nurse that is a party to an influenza vaccine protocol agreement pursuant to this Code section shall not delegate the administration of influenza vaccine to any individual, whether or not any such individual is under the supervision, direct or otherwise, of the nurse; provided, however, that a nurse that is a party to an influenza protocol agreement pursuant to this Code section may delegate the administration of influenza vaccine to a licensed practical nurse under the direct on-site supervision of the nurse. (g) Notwithstanding any law to the contrary, a nurse acting pursuant to an influenza vaccine protocol agreement as provided in this Code section may possess and transport influenza vaccine and epinephrine.

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(h) A pharmacist or nurse administering influenza vaccines pursuant to an influenza vaccine protocol agreement authorized by this Code section shall maintain policies and procedures for the handling and disposal of used or contaminated equipment and supplies. (i) Nothing in this Code section shall be construed to authorize a physician to prescribe any vaccines or other drugs pursuant to an influenza vaccine protocol agreement or influenza vaccine order contained in an influenza vaccine protocol agreement other than influenza vaccines and epinephrine. (j) A delegating physician may not enter into an influenza vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time; provided, however, and notwithstanding subsections (b) and (c) of this Code section, a delegating physician may enter into an influenza vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time so long as the pharmacists or nurses are in the same public health district as established pursuant to Code Section 31-3-15, and are employees or agents of the same corporate entity. (k) It shall be unlawful for a physician who is employed by a pharmacist or nurse to enter into an influenza vaccine protocol agreement or otherwise delegate medical acts to such pharmacist or nurse. It shall be unlawful for a physician who is employed by a pharmacy to enter into an influenza vaccine protocol agreement or otherwise delegate medical acts to a pharmacist or nurse who is also employed by such pharmacy. (l) The board shall have the authority to promulgate rules and regulations governing a physician who is a party to an influenza vaccine protocol agreement in order to carry out the intent and purposes of this Code section. Further, the board shall:
(1) Require that the influenza vaccine protocol agreement be filed by the physician with the board and be made available by the board for public inspection; and (2) Promulgate by rule an approved standard protocol template that may be utilized as an influenza vaccine protocol agreement and make such template available on the board's website. (m) Nothing in this Code section shall be construed to require a physician to enter into an influenza vaccine protocol agreement. A public or private managed care system, health plan, hospital, insurance company, or similar entity shall not require a physician, pharmacist, or nurse to enter into an influenza vaccine protocol agreement as a condition for participation in or reimbursement from such entity. (n) No physician who complies with the provisions of this Code section shall be subject to criminal or civil liability or discipline for unprofessional conduct for: (1) Entering into an influenza vaccine protocol agreement with a pharmacist or nurse; (2) Issuing an influenza vaccine order contained in an influenza vaccine protocol agreement with a pharmacist or nurse; or (3) The acts or omissions of a pharmacist or nurse pursuant to an influenza vaccine protocol agreement including the administration of influenza vaccine or epinephrine. Nothing in this subsection shall be interpreted as altering liability of an employer for acts of his or her employees.

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(o) This Code section shall not apply to any activities conducted within a hospital or within any other facility or entity owned, operated, or leased by a hospital. (p) This Code section shall not be interpreted as limiting the authority of any authorized person to dispense or administer influenza vaccine or other medications."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Fludd Y Franklin Y Frazier Y Fullerton Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight N Knox Y Lane, B E Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton E Taylor E Teilhet Y Thomas N Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M

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Y Collins, D Y Collins, T Y Cooper Y Cox

Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Reese Rice
Y Roberts Y Rogers

Y Williams, R Y Wix
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.

Representative Weldon 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 referred to the Committee on Rules:

HR 319. By Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, Heckstall of the 62nd, Jordan of the 77th, Frazier of the 123rd and others:

A RESOLUTION recognizing and commending the Most Worshipful Smooth Ashlar Grand Lodge Free Accepted Ancient Yorkrite Masons, Prince Hall Origin National Compact, Jurisdiction of Georgia, and its affiliate, Smooth Ashlar Grand Chapter Order of Eastern Star, and inviting them to appear before the House of Representatives; and for other purposes.

HR 320. By Representative Cheokas of the 134th:

A RESOLUTION commending the Southland Academy High School Raiders 200-yard freestyle relay swim team and inviting them to appear before the House of Representatives; and for other purposes.

HR 321. By Representatives Heard of the 114th, McKillip of the 115th and Smith of the 113th:

A RESOLUTION recognizing and commending Dr. David L. Levine as the Distinguished Older Georgian for 2009 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 318. By Representatives Lane of the 158th, Barnard of the 166th, Sellier of the 136th, Black of the 174th, Cheokas of the 134th and others:

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A RESOLUTION commemorating the Keep Georgia Beautiful program and its 76 local affiliates who serve 75 percent of the population of the State of Georgia; and for other purposes.
HR 322. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending Mr. Choyce A. Johnston; and for other purposes.
HR 323. By Representative Channell of the 116th:
A RESOLUTION commending the Georgia Rural Health Association and recognizing February 19, 2009, as Rural Health Day at the Capitol; and for other purposes.
HR 324. By Representatives Hill of the 21st, Byrd of the 20th and Jerguson of the 22nd:
A RESOLUTION recognizing and commending Will Burgess; and for other purposes.
HR 325. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Ms. Donna Gray; and for other purposes.
HR 326. By Representatives Millar of the 79th, Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Kaiser of the 59th and others:
A RESOLUTION commending the Professional Association of Georgia Educators (PAGE) and recognizing "PAGE Day on Capitol Hill"; and for other purposes.
HR 327. By Representatives Lindsey of the 54th and Jerguson of the 22nd:
A RESOLUTION recognizing and commending Stephen Victor Ruhling; and for other purposes.
HR 328. By Representatives Lindsey of the 54th, Wilkinson of the 52nd and Dobbs of the 53rd:
A RESOLUTION recognizing and commending David James Burge, Jr.; and for other purposes.

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HR 329. By Representatives Lindsey of the 54th, Wilkinson of the 52nd and Dobbs of the 53rd:
A RESOLUTION recognizing and commending John Randolph Goulding; and for other purposes.
HR 330. By Representatives Lindsey of the 54th, Wilkinson of the 52nd and Dobbs of the 53rd:
A RESOLUTION recognizing and commending Alexander Nelson Young; and for other purposes.
HR 331. By Representative Rice of the 51st:
A RESOLUTION honoring Charles Jerry Rice on the occasion of his 80th birthday; and for other purposes.
HR 332. By Representative Butler of the 18th:
A RESOLUTION honoring and celebrating the 110th birthday of Ms. Nell Katherine Meadows; and for other purposes.
HR 333. By Representatives Parsons of the 42nd, Cooper of the 41st, Johnson of the 37th, Morgan of the 39th, Wix of the 33rd and others:
A RESOLUTION recognizing and commending Miss Cobb County 2009, Emily Cook; 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 Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 313 Do Pass SR 96 Do Pass
Respectfully submitted, /s/ Hembree of the 67th
Chairman

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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 56 HB 59 HB 100

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

HB 106 Do Pass, by Substitute HB 304 Do Pass

Respectfully submitted, /s/ O'Neal of the 146th
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.

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Representative Hall, Atlanta, Georgia

Wednesday, February 18, 2009

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
E Allison Amerson Anderson Austin Baker Barnard Battles Beasley-Teague Benton Black Brooks Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Cole Coleman Collins, D Collins, T Cooper Cox

E Crawford Davis, H Davis, S Dawkins-Haigler Dempsey Dickson Dobbs Dooley
E Drenner Dukes Ehrhart England Epps, J Everson Franklin Frazier Gardner Geisinger Glanton
E Golick Gordon Greene Hamilton Hanner Harbin Harden, B Harden, M Heard
E Heckstall Hembree

E Henson Hill, C Holt Horne Houston Howard Hugley Jackson James Jerguson
E Johnson, C Johnson, T Jones, S Kaiser Keen Keown
E Knight Knox Lane, B Levitas Lindsey Long Loudermilk Maddox, B Maddox, G Mangham Marin Martin Maxwell

May Mayo McCall McKillip Meadows Millar Mills Mitchell Morgan Morris Mosby Murphy Neal Nix E Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, J Pruett Ralston Ramsey Randall Reese Rice Roberts

Rynders Scott, A Scott, M Sellier Shaw Sheldon Sims, B Sims, C E Sinkfield Smith, L Smith, R Smith, T Smith, V Stephens, M Stephens, R E Stephenson Talton E Taylor E Teilhet Thomas Thompson Wilkinson 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 Ashe of the 56th, Bearden of the 68th, Benfield of the 85th, Bruce of the 64th, Butler of the 18th, Coan of the 101st, Day of the 163rd, Dollar of the 45th, Epps of the 128th, Floyd of the 99th, Fludd of the 66th, Fullerton of the 151st, Graves of the 12th, Hatfield of the 177th, Hill of the 180th, Hudson of the 124th, Jacobs of the 80th, Jordan of the 77th, Lane of the 167th, Lucas of the 139th, Lunsford of the 110th, Manning of the 32nd, Powell of the 29th, Rogers of the 26th, Shipp of the 58th, Smith of the 113th, Smyre of the 132nd, Walker of the 107th, and Weldon of the 3rd.

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They wish to be recorded as present.
Prayer was offered by Reverend Rick Postell, Christian Renewal Church, Brunswick, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 433. By Representative McKillip of the 115th:
A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the crime of stalking, so as to provide for the crime of violating a condition of a family violence court order; to provide for a definition; to specify criminal conduct; to provide for criminal penalties; to provide for applicability and merger of violations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 434. By Representative McKillip of the 115th:
A BILL to be entitled an Act to amend an Act providing for homestead exemptions from certain Unified Government of Athens-Clarke County ad valorem taxes for Unified Government purposes and certain Clarke County school district ad valorem taxes for educational purposes approved April 13, 1992 (Ga. L. 1992, p. 6241), so as to change the definition of homestead for purposes of such exemptions; 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 435. By Representative Parsons of the 42nd:
A BILL to be entitled an Act to amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, so as to exempt the Georgia Technology Authority from certain sales and use taxes; 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 436. By Representative Parsons of the 42nd:
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 eliminate certain reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Science and Technology.

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HB 437. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), so as to provide that the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County; to provide for compensation; to provide for the appointment and compensation of a clerk of the magistrate court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 438. By Representatives O`Neal of the 146th and Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects; to provide for procedures, conditions, and limitations; 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 439. By Representatives O`Neal of the 146th and Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 440. By Representatives Anderson of the 117th, May of the 111th, Rogers of the 26th, Roberts of the 154th and Baker of the 78th:
A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning public

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utility and public transportation matters, so as to provide that state government endorsed 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 Motor Vehicles.
HB 441. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for the expedited payment of sales and use tax refund claims secured by a satisfactory bond; to provide for frivolous or excessive sales and use tax refund claims; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 442. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to change certain provisions regarding the exemption for eligible foods and beverages; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 443. By Representatives Scott of the 2nd, Graves of the 12th, Jerguson of the 22nd, Levitas of the 82nd, Roberts of the 154th and others:
A BILL to be entitled an Act to amend Code Section 48-7-20 of the Official Code of Georgia Annotated, relating to individual income tax rates and tax tables, so as to provide for annual adjustments with respect to the taxable net income brackets; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide a short title; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 444. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for civil penalties and injunctive relief regarding certain tax return preparers; to provide for definitions; 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 Ways & Means.
HB 445. By Representatives Glanton of the 76th, Baker of the 78th, Johnson of the 75th, Heckstall of the 62nd and Jordan of the 77th:
A BILL to be entitled an Act to provide for a period of transition in the office of sheriff of Clayton County at the end of the term of an outgoing sheriff; to provide for access to the assets and personnel by the newly elected sheriff; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 446. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating, respectively, to motor vehicles and revenue and taxation, so as to provide for the comprehensive revision of taxation of motor vehicles; to change certain provisions regarding tag agents; to provide for title and registration fees and the disbursement of such fees; to change certain provisions regarding classification of motor vehicles as a separate class of property for ad valorem tax purposes; to provide for an additional classification exempt from such taxation; to provide for an exemption from sales and use taxes with respect to the sale or use of certain motor vehicles; 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 447. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating, respectively, to motor vehicles and revenue and taxation, so as to provide for the comprehensive revision of taxation of motor vehicles; to change certain provisions regarding tag agents; to provide

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for title and registration fees and the disbursement of such fees; to change certain provisions regarding classification of motor vehicles as a separate class of property for ad valorem tax purposes; to provide for an additional classification exempt from such taxation; to provide for an exemption from sales and use taxes with respect to the sale or use of certain motor vehicles; 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 448. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to repeal the exemption with respect to lottery tickets; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 449. By Representative McKillip of the 115th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Clarke County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 65 years of age or older approved April 25, 2002 (Ga. L. 2002, p. 5009), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 450. By Representative McKillip of the 115th:
A BILL to be entitled an Act to amend Chapter 4 of Title 33 of the Official Code of Georgia Annotated, relating to claims against insurance companies, so as to change provisions relating to an insurer's liability for a bad faith refusal to pay for a loss covered by insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.

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HB 451. By Representatives Jacobs of the 80th, Lindsey of the 54th, Glanton of the 76th, Willard of the 49th, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to adopt the revised Article 7 of the Uniform Commercial Code; to provide for conforming amendments to other provisions of such title; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 452. By Representatives Buckner of the 130th, Meadows of the 5th, Maxwell of the 17th and Gardner of the 57th:
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 a statement of legislative intent; to provide that certain members of the Employees' Retirement System of Georgia, Public School Employees Retirement System, Georgia Legislative Retirement System, and Georgia Judicial Retirement System shall not be eligible to receive any postretirement benefit adjustment; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 453. By Representatives Anderson of the 117th, Harbin of the 118th and Sims of the 119th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 454. By Representative Levitas of the 82nd:
A BILL to be entitled an Act to amend Code Section 40-5-83 of the Official Code of Georgia Annotated, relating to establishment and approval of driver clinics and programs, so as to increase the assessment fees for approved DUI

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Alcohol or Drug Use Reduction Programs; 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 455. By Representatives Neal of the 1st, Lindsey of the 54th, Casas of the 103rd, Ashe of the 56th, England of the 108th and others:
A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for certificated personnel in elementary and secondary education, so as to temporarily extend certain deadlines; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 456. By Representatives Meadows of the 5th, Ramsey of the 72nd, Mitchell of the 88th, Williams of the 178th and Bearden of the 68th:
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 for definitions; to provide for certain reclassification of certain metal items; to add posting of suspected metal thieves; to provide for notice of penalties for metal theft; to expand unlawful acts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 458. By Representatives Peake of the 137th, Sims of the 169th, Martin of the 47th, Stephens of the 164th, Kaiser of the 59th and others:

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A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise substantially the manner and method of collecting local sales and use taxes; to change certain provisions regarding collection of certain local taxes by the state revenue commissioner; to provide for certain procedures and limitations with respect to private collecting firms; to provide for a definition; to change certain provisions regarding administration and collection of the joint county and municipal sales and use tax; to change certain provisions regarding required information on sales tax returns; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 459. By Representatives Fludd of the 66th, Bruce of the 64th, Willard of the 49th, Wilkinson of the 52nd, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to revise extensively such Act and amendatory Acts; to provide for definitions; to provide for employee participation; to provide for employer contributions; to provide for normal retirement benefits; to provide for early retirement benefits; to proved for disability benefits; to provide for deferred vested benefit; to provide for a death benefit; to provide for payment of accrued benefit; 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 460. By Representatives Glanton of the 76th, May of the 111th, Jerguson of the 22nd, Dawkins-Haigler of the 93rd, Hugley of the 133rd and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction, alteration, etc., of buildings and other structures, so as to define a term; to provide that before agreeing to participate in the federal Section 8 Housing Choice Voucher Program, a landlord, property manager, or property owner shall give certain notice; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Science and Technology.

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HB 461. By Representatives Kaiser of the 59th, Ashe of the 56th, McKillip of the 115th, Buckner of the 130th and Baker of the 78th:
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 a homestead exemption in an amount equal to the median value of a homestead in the county with respect to all ad valorem taxes for all residents of the state; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum; to provide for effective dates; to provide for applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 462. By Representatives Peake of the 137th, Smith of the 131st and Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to property exempt from ad valorem taxation, so as to revise and change an ad valorem tax exemption for certain charitable institutions; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 463. By Representatives Murphy of the 120th, Howard of the 121st and Frazier of the 123rd:
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 for creditable service in the Georgia Judicial Retirement System for prior service as a member of the General Assembly; to provide for a transfer of funds; to provide for conditions and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 464. By Representatives Reece of the 11th, Hill of the 21st, Jerguson of the 22nd, Greene of the 149th, Stephens of the 164th and others:

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A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; 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 465. By Representatives Maxwell of the 17th, Meadows of the 5th and Benton of the 31st:
A BILL to be entitled an Act to amend Article 4 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees relative to the Peace Officers' Annuity and Benefit Fund, so as to provide for a certain employer contribution to such fund; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 466. By Representative Franklin of the 43rd:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide that federal reserve banks and branches located in Georgia shall not be exempt from state income tax; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 467. By Representatives Maxwell of the 17th, Meadows of the 5th and Benton of the 31st:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employee and employer contributions and creation of funds for contributions, benefits, and administrative expenses in the Employees' Retirement System of Georgia, so as to change a certain gender designation; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.

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HB 468. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to change certain provisions relating to taxation of corporations; to change certain provisions regarding expenses from transactions with certain related persons or members; 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 469. By Representative Martin of the 47th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to change certain provisions regarding procedures for certifying additional qualified municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 470. 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 repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 471. 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 provide for an exemption for a limited period of time with respect to certain sales of tangible personal property to a qualified government grantee;

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to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 472. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia for local tax officials and their employees, so as to provide that employer contributions shall be paid by the counties rather than by the state revenue commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 473. By Representatives Harbin of the 118th, Keen of the 179th, Stephens of the 164th, Ehrhart of the 36th, Kaiser of the 59th and others:
A BILL to be entitled an Act 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 grants for clean energy property for a limited period of time from federal funds available for such purposes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 474. By Representatives Gardner of the 57th, Porter of the 143rd, Smyre of the 132nd, Hugley of the 133rd, Randall of the 138th and others:
A BILL to be entitled an Act to amend Code Section 49-5-273 of the Official Code of Georgia Annotated, relating to the creation and operation of the PeachCare for Kids Program, so as to increase the income eligibility limit; to provide for the maximum amount of federal financial participation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 475. By Representatives Cooper of the 41st, Harbin of the 118th, Lindsey of the 54th, Houston of the 170th, Wilkinson of the 52nd and others:

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A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Registered Professional Nurse Practice Act," so as to revise certain provisions relating to requirements for registered professional nurses in nontraditional nursing education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 476. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, so as to provide that certain provisions relating to continued employment or reemployment shall not apply to certain members; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 477. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-1-62 of the Official Code of Georgia Annotated, relating to procedure for establishment of creditable service, computations, employer contributions, and system or fund unable to provide creditable service, so as to remove a requirement that an application for certain creditable service be made within a certain period; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
Representative Ehrhart of the 36th assumed the chair.
HB 478. By Representatives Powell of the 171st, Lindsey of the 54th, Willard of the 49th, Weldon of the 3rd and Crawford of the 16th:
A BILL to be entitled an Act to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions for municipal courts, so as to require municipal court judges to be attorneys; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.

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HB 479. By Representatives Powell of the 171st, Maddox of the 172nd, Greene of the 149th and Keown of the 173rd:
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 certain sales to certain regional information technology authorities; to provide for a definition; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 480. By Representatives Geisinger of the 48th, Powell of the 29th, Rice of the 51st, Abrams of the 84th, Peake of the 137th and others:
A BILL to be entitled an Act to amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating, respectively, to motor vehicles and revenue and taxation, so as to provide for the comprehensive revision of taxation of motor vehicles; to change certain provisions regarding tag agents; to provide for title and registration fees and the disbursement of such fees; to change certain provisions regarding classification of motor vehicles as a separate class of property for ad valorem tax purposes; to provide for an additional classification exempt from such taxation; to provide for an exemption from sales and use taxes with respect to the sale or use of certain motor vehicles; to provide for related matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:
A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public

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Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 482. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide that, subject to referendum approval, all tangible personal property constituting the inventory of a business shall be exempt from state ad valorem taxation; to provide for a referendum election with respect to effectiveness; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 483. By Representatives Roberts of the 154th, Williams of the 178th and Ramsey of the 72nd:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for the modernization and revision of certain provisions regarding ad valorem taxes; to change certain affidavit requirements regarding the income of taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to change certain provisions regarding notification of changes made to a taxpayer's return; to provide for additional tax return filing requirements for public utilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 484. By Representative O`Neal of the 146th:
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 dependent children of military personnel stationed in Georgia on active duty shall be deemed to meet the

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residency requirements for purposes of HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 485. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for alternative tax credits for base year port traffic; 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 486. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:
A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses' benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to provide that persons who become members on or after July 1, 2010, shall not be entitled to credit for service as a deputy clerk; to provide for a death benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 487. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:
A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to increase the employee contribution to such fund; to increase certain fines and fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.

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HB 488. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:
A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses' benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to provide eligibility criteria for creditable service; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HR 317. By Representatives Battles of the 15th, Loudermilk of the 14th and Graves of the 12th:
A RESOLUTION honoring the memory of Doug Ferguson and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 334. By Representatives Keen of the 179th, Mills of the 25th, Jones of the 46th, Roberts of the 154th, Sheldon of the 105th and others:
A RESOLUTION urging the Congress of the United States to oppose the Freedom of Choice Act; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 498. By Representatives Lunsford of the 110th, Millar of the 79th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide that foreclosure sales and distressed sales shall be taken into account in the determination of fair market value for purposes of taxation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 499. By Representatives Peake of the 137th and Mitchell of the 88th:

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 provide for a sales and use tax exemption with respect to certain property purchased by such association; provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

HB 500. By Representative Martin of the 47th:

A BILL to be entitled an Act to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to sales and use taxation, so as to remove the limitation of taxability to local exchange telephone service and thereby provide for taxability of all telephone service; to change definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 414 HB 415 HB 416 HB 417 HB 418 HB 419 HB 420 HB 421 HB 422 HB 423 HB 424 HB 425 HB 426 HB 427 HB 428 HB 429 HB 430

HB 431 HB 432 HR 292 HR 293 HR 294 HR 295 HR 316 SB 5 SB 6 SB 45 SB 46 SB 47 SB 48 SB 49 SB 63 SB 85 SR 1

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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 43 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 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:

HB 366 HB 373 HB 378 HB 383

Do Pass Do Pass Do Pass Do Pass

HB 384 HB 386 HB 393

Do Pass Do Pass Do Pass

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

Representative Golick of the 34th 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 329 Do Pass, by Substitute

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Respectfully submitted, /s/ Golick of the 34th
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 195 HB 283 HB 331

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

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 100 Do Pass HR 101 Do Pass

HR 221 Do Pass HR 299 Do Pass

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 18, 2009

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 301

State Board of Technical and Adult Education; change name to State Board of the Technical College System of Georgia (HEd-Hembree-67th)

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Modified Open Rule

None

Modified Structured Rule

HB 185 HB 237

Chief Judge of the Court of Appeals; emergency powers; provisions (PS&HS-Willard-49th) (Rules Committee Substitute) Human Resources, Department of; financial assistance for adoptive parents; revise provision (Substitute)(C&Y-Lindsey-54th)

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 Speaker assumed the Chair.

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

HB 366. By Representative Parrish of the 156th:

A BILL to be entitled an Act to amend an Act creating and establishing the Metter-Candler County Airport Authority, approved March 25, 1986 (Ga. L. 1986, p. 4638), as amended, so as to modify provisions relating to minimum meeting requirements; 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 373. By Representatives Hamilton of the 23rd, Amerson of the 9th and Knox of the 24th:

A BILL to be entitled an Act to amend an Act providing for the Board of Education of Forsyth County, approved March 24, 1992 (Ga. L. 1992, p.

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5052), as amended, so as to provide for the election of the members of the board of education by district; to provide 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 378. By Representatives Hamilton of the 23rd, Amerson of the 9th and Knox of the 24th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4924), so as to provide that members of the board of commissioners shall be elected by the voters of their respective districts; to provide 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 383. By Representatives Lane of the 158th, Burns of the 157th and Parrish of the 156th:
A BILL to be entitled an Act to create a board of elections and registration for Bulloch County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 384. By Representatives Benton of the 31st and Harden of the 28th:
A BILL to be entitled an Act to amend an Act revising, consolidating, and amending the several Acts incorporating the Town of Maysville, approved May 18, 2007 (Ga. L. 2007, p. 3995), so as to change the terms of office of two councilmembers; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 386. By Representative Williams of the 178th:
A BILL to be entitled an Act to create a board of elections and registration for Pierce 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 submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 393. By Representative Horne of the 71st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Senoia, approved April 19, 2000 (Ga. L. 2000, p. 3806), so as to increase the municipal terms of office; to provide that elections for certain municipal offices shall take place in odd-numbered years; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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

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

E Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Fludd Y Franklin Y Frazier Fullerton Y Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown E Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey
Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix E Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice
Roberts Y Rogers

On the passage of the Bills, the ayes were 138, nays 0.

Y Rynders Scott, A Scott, M
Y Sellier Y Setzler Y Shaw
Sheldon Shipp Y Sims, B Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Williams, R Y Wix Y Yates Richardson, Speaker

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

Representatives Mangham of the 94th 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:

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467

Mr. Speaker:

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

SB 4.

By Senators Butler of the 55th, Orrock of the 36th, Seay of the 34th, Reed of the 35th, Smith of the 52nd and others:

A BILL to be entitled an Act to amend Code Section 15-10-102 of the Official Code of Georgia Annotated, relating to the powers and duties of constables, so as to require constables and marshals to notify protected persons upon the service of certain protective orders; to amend Code Section 15-16-17, relating to the service and execution of processes from justices' courts, so as to require sheriffs to notify protected persons upon the service of certain protective orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 58. By Senator Weber of the 40th:

A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain local government provisions with respect to newly created municipalities; to provide for the offer of sale to certain qualified municipalities of county property used as police stations, fire stations, cultural properties, or vacant properties within the geographical boundaries of the qualified municipality; to provide for procedures, conditions, and limitations; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 62. By Senators Hudgens of the 47th, Hawkins of the 49th and Butterworth of the 50th:

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 penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

HB 114. By Representative Holt of the 112th:

A BILL to be entitled an Act to amend an Act providing a new charter for the Town of Newborn, approved June 3, 2003 (Ga. L. 2003, p. 4397), so as to

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change the terms of office of the members of the town council from concurrent to staggered terms of office; to provide for continuation in office of certain current councilmembers; to provide for election and terms of office of subsequent councilmembers; to clarify certain requirements regarding the election of the mayor and members of the town council; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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

SB 4.

By Senators Butler of the 55th, Orrock of the 36th, Seay of the 34th, Reed of the 35th, Smith of the 52nd and others:

A BILL to be entitled an Act to amend Code Section 15-10-102 of the Official Code of Georgia Annotated, relating to the powers and duties of constables, so as to require constables and marshals to notify protected persons upon the service of certain protective orders; to amend Code Section 15-16-17, relating to the service and execution of processes from justices' courts, so as to require sheriffs to notify protected persons upon the service of certain protective orders; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 58. By Senator Weber of the 40th:

A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain local government provisions with respect to newly created municipalities; to provide for the offer of sale to certain qualified municipalities of county property used as police stations, fire stations, cultural properties, or vacant properties within the geographical boundaries of the qualified municipality; to provide for procedures, conditions, and limitations; to provide for additional limitations and requirements in the event a new municipality is created in a county subsequent to a referendum in which bonded indebtedness is approved; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

SB 62.

By Senators Hudgens of the 47th, Hawkins of the 49th and Butterworth of the 50th:

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469

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 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 Appropriations.
The following members were recognized during the period of Morning Orders and addressed the House:
Stephens of the 164th, Hudson of the 124th, Dawkins-Haigler of the 93rd, and Neal of the 1st.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 100. By Representatives Amerson of the 9th, Williams of the 4th, Ralston of the 7th and Collins of the 27th:
A RESOLUTION recognizing and commending Cadet Captain Earl Porter III and inviting him to appear before the House of Representatives; and for other purposes.
HR 101. By Representatives Amerson of the 9th, Williams of the 4th, Ralston of the 7th and Collins of the 27th:
A RESOLUTION recognizing and commending Cadet Kevin H. Bernhardt and inviting him to appear before the House of Representatives; and for other purposes.
HR 221. By Representative Maddox of the 172nd:
A RESOLUTION congratulating the Cairo High School Syrupmaker football team on winning the 2008 Class AAA State Championship and inviting them to appear before the House of Representatives; and for other purposes.
HR 299. By Representative Ehrhart of the 36th:
A RESOLUTION recognizing and commending February 18, 2009, as " Boy Scout Boy in Georgia" and inviting a designee from each council to appear before the House of Representatives; and for other purposes.

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Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 237. By Representatives Lindsey of the 54th and Peake of the 137th:
A BILL to be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children, so as to revise a provision relating to financial assistance for adoptive parents; 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 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children, so as to revise a provision relating to financial assistance for adoptive parents; 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 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children, is amended by revising subparagraph (a)(7)(F) as follows:
"(F) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense once the child has been placed for adoption, determined eligible for assistance, and the adoption assistance agreement has been signed prior to the finalization of the adoption by all parties. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional disabilities or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 100 percent of the amount that would have been paid for boarding such child in a family foster home and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance;"

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

E Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Manning Marin
Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston
Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 156, nays 0.

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

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Representatives Mangham of the 94th 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 301. By Representatives Hembree of the 67th and Dempsey of the 13th:

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 State Board of Technical and Adult Education to the State Board of the Technical College System of Georgia; to amend various provisions of the Official Code of Georgia Annotated to change references to reflect such name change; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole

E Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner

E Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston
Ramsey Y Randall

Y Rynders Scott, A
Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre
Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E

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Y Coleman E Collins, D Y Collins, T Y Cooper
Cox

Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

E Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 159, nays 0.

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

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

Representative Mangham of the 94th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 185. By Representatives Willard of the 49th, Ralston of the 7th, Golick of the 34th and Lindsey of the 54th:

A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers, so as to revise the courts to which a challenge of a quarantine or vaccination order may be brought; to revise the manner of appealing orders concerning such challenges; to remove the Chief Judge of the Court of Appeals from the definition of authorized judicial officials; 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.

The following substitute, offered by the Committee on Rules, was read and adopted:

A BILL

To amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers, so as to revise the courts to which a challenge of a quarantine or vaccination order may be brought; to revise the manner of appealing orders concerning such challenges; to remove the Chief Judge of the Court of Appeals from the definition of authorized judicial officials; 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers, is amended by revising subsection (i) of Code Section 38-3-51, relating to emergency powers of the Governor, as follows:
"(i)(1) The Governor may direct the Department of Human Resources to coordinate all matters pertaining to the response of the state to a public health emergency including without limitation:
(A) Planning and executing public health emergency assessments, mitigation, preparedness response, and recovery for the state; (B) Coordinating public health emergency responses between state and local authorities; (C) Collaborating with appropriate federal government authorities, elected officials of other states, private organizations, or private sector companies; (D) Coordinating recovery operations and mitigation initiatives subsequent to public health emergencies; (E) Organizing public information activities regarding state public health emergency response operations; and (F) Providing for special identification for public health personnel involved in a public health emergency. (2) The following due process procedures shall be applicable to any quarantine or vaccination program instituted pursuant to a declaration of a public health emergency: (A) Consonant with maintenance of appropriate quarantine rules, the department shall permit access to counsel in person or by such other means as practicable that do not threaten the integrity of the quarantine; (B) An order imposing a quarantine or a vaccination program may be appealed but shall not be stayed during the pendency of the challenge. The burden of proof shall be on the state to demonstrate that there exists a substantial risk of exposing other persons to imminent danger. With respect to vaccination, the state's burden of proof shall be met by clear and convincing evidence. With respect to quarantine, the state's burden of proof shall be met by a preponderance of the evidence; (C) An individual or a class may challenge the order before any available judge of the state courts, the superior courts, the Court of Appeals, or the Supreme Court in the county where the individual or a member of the class resides or in Fulton County. Such judge, upon attestation of the exigency of the circumstances, may proceed ex parte with respect to the state or may appoint counsel to represent the interests of the state or other unrepresented parties. The judge hearing the matter may consolidate a multiplicity of cases or, on the motion of a party or of the court, proceed to determine the interests of a class or classes. The rules of evidence applicable to civil cases shall be applied to the fullest extent practicable taking into account the circumstances of the emergency. All parties shall have the right to subpoena and cross-examine witnesses, but in enforcement of its subpoena powers the court shall take into account the circumstances of the emergency. All

WEDNESDAY, FEBRUARY 18, 2009

475

proceedings shall be transcribed to the extent practicable. Filing fees shall be waived and all costs borne by the state; (D) The judge hearing the matter may enter an appropriate order upholding or suspending the quarantine or vaccination order. With respect to vaccination, the order may be applicable on notice to the department or its agents administering the vaccination, or otherwise in the court's discretion. With respect to quarantines, the order shall be automatically stayed for 48 hours; (E) The department or any party may immediately appeal any order within 24 hours to the Court of Appeals, the Supreme Court pursuant to Code Section 5-6-34. The Supreme Court, or to any available judge Justice thereof, in the event that circumstances render a full court unavailable, shall consider the appeal on an expedited basis and may suspend any time requirements for the parties to file briefs. If the trial judge has proceeded ex parte or with counsel appointed for the state, the trial court shall either direct the filing of an appeal in its order or itself certify the order for appeal. Filing fees for appeal shall be waived, all costs shall be borne by the state, and such appeals shall be heard expeditiously; and (F) No provisions of this paragraph shall be construed to limit or restrict the right of habeas corpus under the laws of the United States."
SECTION 2. Said article is further amended by revising paragraph (1) of Code Section 38-3-60, relating to definitions regarding judicial emergencies, as follows:
"(1) 'Authorized judicial official' means any of the following officials when acting with regard to his or her respective jurisdiction:
(A) The Chief Justice of the Georgia Supreme Court; (B) The Chief Judge of the Georgia Court of Appeals; (C)(B) A chief judge of a Georgia superior court judicial circuit; or (D)(C) The replacement for or successor to any of the officials set forth in subparagraphs (A) through (C) and (B) of this paragraph, as determined by the applicable rules of incapacitation and succession, should such official become incapacitated or otherwise unable to act."
SECTION 3. Said article is further amended by revising subsection (b) of Code Section 38-3-61, relating to declaration of judicial emergency, as follows:
"(b) An order declaring the existence of a judicial emergency shall be limited to an initial duration of not more than 30 days; provided, however, that the order may be modified or extended for no more than two periods not exceeding 30 days each unless a public health emergency exists as set forth in Code Section 38-3-51, in which case the Chief Justice of the Supreme Court of Georgia may extend the emergency order for so long as such emergency exists. Any modification or extension of the initial order shall require information regarding the same matters set forth in subsection (a) of this Code section for the issuance of the initial order."

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper N Cox

E Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Manning Y Marin Y Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 5.

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

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477

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.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Children & Youth:
HB 428. By Representatives Kaiser of the 59th, Thomas of the 100th, Gardner of the 57th, Manning of the 32nd, Ashe of the 56th and others:
A BILL to be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, so as to provide that financial assistance received by parents adopting a special needs child from such department shall extend to a person taking custody of such child under certain circumstances; 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 342. By Representative Levitas of the 82nd:
A RESOLUTION congratulating Lakeside High School boys soccer team on winning the 2008 Class AAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes.
HR 343. By Representatives Day of the 163rd, Carter of the 159th, Bryant of the 160th, Stephens of the 164th, Stephens of the 161st and others:
A RESOLUTION recognizing and commending the members of the St. Patrick's Day Parade Committee on the upcoming occasion of the 2009 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 344. By Representatives Smyre of the 132nd, Buckner of the 130th, Hugley of the 133rd, Smith of the 131st, Smith of the 129th and others:
A RESOLUTION commending Miss Chasity Hardman on placing as first runner-up in the Miss America Pageant and inviting her to appear before the House of Representatives; and for other purposes.

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The following Resolutions of the House were read and adopted:
HR 345. By Representatives Gordon of the 162nd, Stephens of the 161st, Bryant of the 160th, Day of the 163rd, Carter of the 159th and others:
A RESOLUTION recognizing Saturday, July 11, 2009, as Georgia Youth Neighborhood Entrepreneur Day; and for other purposes.
HR 346. By Representative Ashe of the 56th:
A RESOLUTION recognizing March, 2009, as Endometriosis Awareness Month in Georgia; and for other purposes.
HR 347. By Representatives Gordon of the 162nd, Dawkins-Haigler of the 93rd, Stephens of the 161st and Bryant of the 160th:
A RESOLUTION honoring the life and memory of Mrs. Elizabeth Pickney Taylor; and for other purposes.
HR 348. By Representatives McKillip of the 115th and Heard of the 114th:
A RESOLUTION recognizing and commending Dr. Zeb L. Burrell, Jr., M.D.; and for other purposes.
HR 349. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Mrs. Janet Schwartz; and for other purposes.
HR 350. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Noelle Cannady; and for other purposes.
HR 351. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Mrs. Lori Martin; and for other purposes.
HR 352. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Erin Hill; and for other purposes.

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HR 353. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Daniel Miller; and for other purposes.
HR 354. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Mrs. Carol McDonald; and for other purposes.
HR 355. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Erika Deshon; and for other purposes.
HR 356. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Mr. Steven Lewis Bowles; and for other purposes.
HR 357. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Mrs. Denise Backus; and for other purposes.
HR 358. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Quentin Pasko; and for other purposes.
HR 359. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Mrs. Sandy Akin; and for other purposes.
HR 360. By Representative Benton of the 31st:
A RESOLUTION recognizing and celebrating the 100th birthday of the City of Arcade, Georgia; and for other purposes.
HR 361. By Representative Ashe of the 56th:
A RESOLUTION recognizing and commending Mr. Phil McDonald on the occasion of his retirement; and for other purposes.

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HR 362. By Representatives Smyre of the 132nd, Hugley of the 133rd, Buckner of the 130th, Smith of the 131st and Smith of the 129th:
A RESOLUTION recognizing and commending Sportsvisions and producers Mr. Dale Williams and Mr. D.J. Jones; and for other purposes.
HR 363. By Representatives Smyre of the 132nd, Hugley of the 133rd, Buckner of the 130th, Smith of the 131st and Smith of the 129th:
A RESOLUTION honoring the life and memory of Reverend Jimmie Jakes, Sr.; and for other purposes.
HR 364. By Representatives Smyre of the 132nd, Hugley of the 133rd, Buckner of the 130th, Smith of the 131st and Smith of the 129th:
A RESOLUTION recognizing and commending Mr. Lav Luv; and for other purposes.
HR 365. By Representatives Geisinger of the 48th, Porter of the 143rd, Sellier of the 136th, Parrish of the 156th, Cooper of the 41st and others:
A RESOLUTION recognizing February 25, 2009, as Skin Cancer Awareness Day at the state capitol; and for other purposes.
HR 366. By Representatives Amerson of the 9th, Yates of the 73rd, Williams of the 4th, Burkhalter of the 50th and Hembree of the 67th:
A RESOLUTION commending the Organization for Military Education in Georgia (OMEGA); and for other purposes.
HR 367. By Representative Williams of the 165th:
A RESOLUTION commending Mrs. Lola Dixon; and for other purposes.
Representative Mills of the 25th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

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HB 312 Do Pass, by Substitute
Respectfully submitted, /s/ Mills of the 25th
Chairman
Representative Talton of the 145th District, Vice Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety and Homeland Security has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 325 Do Pass, by Substitute HB 343 Do Pass, by Substitute
Respectfully submitted, /s/ Talton of the 145th
Vice Chairman
Representative Barnard of the 166th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 226 Do Pass, by Substitute HB 333 Do Pass
Respectfully submitted, /s/ Barnard of the 166th
Chairman
Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:

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Your Committee on State Planning and Community Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 21 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.

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Representative Hall, Atlanta, Georgia

Thursday, February 19, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden Beasley-Teague Benton Brooks Bruce Bryant Buckner Burkhalter Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper

Crawford Davis, H Davis, S Dempsey Dickson Dobbs Dooley E Drenner England Epps, C Epps, J Everson Fludd Franklin Frazier Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Heard Heckstall Hembree E Henson

Hill, C E Hill, C.A
Holt Horne Houston Howard Hugley Jackson E Jacobs James Jerguson E Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown E Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lucas Maddox, B

Maddox, G Mangham Manning Marin Martin Maxwell May Mayo McCall McKillip Meadows Mills E Mitchell Morgan Morris Murphy Neal Nix Oliver Parham Parrish Peake Powell, J Pruett Ramsey Randall E Reece Reese Rice

Roberts Scott, M Sellier E Setzler Shaw Sims, B Sims, C Smith, B Smith, L Smith, R Smith, T Smith, V Smyre Stephens, M Stephens, R Stephenson Talton E Teilhet Thomas Thompson Walker 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 Black of the 174th, Butler of the 18th, Cole of the 125th, DawkinsHaigler of the 93rd, Day of the 163rd, Dollar of the 45th, Dukes of the 150th, Ehrhart of the 36th, Fullerton of the 151st, Golick of the 34th, Harbin of the 118th, Hatfield of the 177th, Hudson of the 124th, Millar of the 79th, Mosby of the 90th, Parsons of the 42nd, Porter of the 143rd, Powell of the 29th, Ralston of the 7th, Rogers of the 26th, Scott of the 153rd, Shipp of the 58th, Sinkfield of the 60th, Taylor of the 55th, and Willard of the 49th.

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They wish to be recorded as present.
Prayer was offered by Pastor Kito Johnson, Covenant Christian Center, Canton, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 40. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to amend Code Section 44-14-160 of the Official Code of Georgia Annotated, relating to the recording of foreclosures and deeds under power and notations of sale in the records, so as to provide for the timely filing of a deed following the foreclosure; to provide for civil penalties for the failure to timely file such deed; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 42. By Representative Mitchell of the 88th:
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 provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 489. By Representative Marin of the 96th:
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 490. By Representatives Levitas of the 82nd, Ralston of the 7th, Harbin of the 118th, Wilkinson of the 52nd, Coan of the 101st and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, so as to authorize the use of process to secure the attendance of witnesses and the production of documents before legislative committees; to provide for service, witness fees, and records; to provide for criminal failure to respond to a subpoena or answer questions and punishment therefor; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 491. By Representatives Williams of the 178th, Smith of the 70th, Keen of the 179th, Morris of the 155th, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend Code Section 12-8-39 of the Official Code of Georgia Annotated, relating to fees and surcharges relative to solid

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waste disposal facilities, so as to increase a surcharge; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 492. By Representatives Neal of the 1st, Scott of the 2nd, Hill of the 180th, Stephens of the 164th and Hudson of the 124th:
A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates or time-share uses; 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 493. By Representatives Brooks of the 63rd, Smyre of the 132nd, Porter of the 143rd, Burkhalter of the 50th, Keen of the 179th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Youth Conservation Corps, so as to change certain provisions relating to creation and purposes of the corps and rules and regulations related thereto; to change certain provisions relating to the director and administration of corps programs; to change certain provisions relating to location of and contracts for projects and prohibited uses of corps members; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Children & Youth.
HB 494. By Representatives Lunsford of the 110th, Rice of the 51st, Geisinger of the 48th and Williams of the 4th:
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 requirements; to change certain provisions relating to driving while license is suspended or revoked; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 495. By Representatives Lane of the 167th, Maxwell of the 17th and Weldon of the 3rd:
A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the appointment, compensation, term, authority, qualifications, training, and limitations of associate probate court judges; to provide for the filling of vacancies in the office of judge of the probate court; to provide for the qualifications of certain judges of the probate court; to provide for the jurisdiction of judges of the probate court; to update language regarding conservators and guardians; to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relations between principal and agent, so as to update language regarding conservators and guardians; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 496. By Representatives Hill of the 21st, Byrd of the 20th, Jerguson of the 22nd and Hamilton of the 23rd:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Woodstock; 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 an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 497. By Representatives Mitchell of the 88th and Jordan of the 77th:
A BILL to be entitled an Act to amend Code Section 10-1-357 of the Official Code of Georgia Annotated, relating to penalties for violations of provisions pertaining to secondary metals recyclers, so as to provide for the forfeiture of vehicles used to transport stolen metals; to provide for related matters; to

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provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 501. By Representatives Austin of the 10th, Benton of the 31st, Reese of the 98th, Kaiser of the 59th and Carter of the 175th:
A BILL to be entitled an Act to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs, so as to provide for placement and promotion policies for grades one, two, four, six, and seven; to provide for documentation of promotion decisions; to provide for data to the State Board of Education regarding students failing the criterion-referenced assessments in certain grades; to provide for a timetable for implementation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 502. By Representative McKillip of the 115th:
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, so as to provide a method for selecting the judge and personnel of the municipal court; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 503. By Representatives Austin of the 10th, Casas of the 103rd, Benton of the 31st, Reese of the 98th, Kaiser of the 59th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact the "Teacher Access to Resources Act"; to require the State Board of Education to establish a comprehensive website for teachers providing access to state standards and teaching resources; to require state approved textbooks to be aligned with state standards; to require local school systems to provide teacher's editions of textbooks; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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HB 504. By Representatives Wilkinson of the 52nd, Cooper of the 41st, Mitchell of the 88th, Mayo of the 91st, Henson of the 87th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for disposition of certain medical sharps waste; to provide for supply and use of sharps waste containers; to provide a penalty; to define certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 505. By Representatives Walker of the 107th, Sheldon of the 105th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriff's services, so as to increase fees for certain actions for serving and dispossessing certain tenants and intruders; 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 506. By Representatives Davis of the 122nd, Everson of the 106th, Benton of the 31st, Greene of the 149th, McKillip of the 115th and others:
A BILL to be entitled an Act to amend Code Section 40-2-21 of the Official Code of Georgia Annotated, relating to registration periods relative to registration and licensing of motor vehicles, so as to provide for a period during which a penalty for late registration shall not be entered; 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 507. 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 tax, so as to change certain provisions regarding exemptions with respect to the purchase of certain health information technologies; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Ways & Means.
HB 508. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to establish the "Stop Mortgage Foreclosure Rescue Fraud Act of 2009"; to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure, so as to provide for homeowner relief from unfair practices related to foreclosure and foreclosure rescue schemes; to provide for monetary penalties; to provide for legislative findings and intent; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 509. By Representatives Cooper of the 41st, Rice of the 51st, Lindsey of the 54th, Channell of the 116th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions relating to the regulation of physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice; to require individuals regulated under Chapter 34 of said title to notify the board upon the conviction of a felony; to provide for the suspension and reinstatement under certain circumstances of a license, permit, or certificate granted under Chapter 34; to provide for the renewal of a license, permit, or certificate granted under Chapter 34; to amend various other titles of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to provide for a contingency and effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 510. By Representatives Butler of the 18th, Harbin of the 118th, Roberts of the 154th and Levitas of the 82nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to provide for the issuance of subpoenas to testify and produce documents by the chairpersons and vice chairpersons of the Senate and House appropriations committees; to provide for failure to comply with a subpoena and for the criminal punishment thereof; to provide for service, witness fees,

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and records; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 511. By Representatives Hatfield of the 177th, Benfield of the 85th, Knox of the 24th and Abrams of the 84th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to change provisions relating to inspection, purging, modifying, or supplementing criminal records; to provide for time frames within which certain actions must be taken with respect to expungement, modification, or supplementation of criminal records; to provide for procedure; to provide for individuals who have been found not guilty or exonerated to request expungement; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 512. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Code Section 50-27-5 of the Official Code of Georgia Annotated, relating to membership of the board of directors of the Georgia Lottery Corporation, so as to revise the composition of the Georgia Lottery Corporation Board of Directors; 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 513. By Representative Cole of the 125th:
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 provisions regarding definitions; to provide for inspections; to provide for retention of samples; to provide for penalties for refusal to allow inspections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HR 335. By Representatives Butler of the 18th, Harbin of the 118th, Roberts of the 154th and Levitas of the 82nd:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the issuance of subpoenas by the legislative branch of government to require the testimony of witnesses and the production of documents; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.
HR 336. By Representatives Everson of the 106th, Cox of the 102nd, Collins of the 95th, Casas of the 103rd and Mitchell of the 88th:
A RESOLUTION honoring the life and sacrifice of Corporal Jonathan Ryan Ayers and dedicating an interchange in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 337. By Representatives Smith of the 70th, Parsons of the 42nd, May of the 111th, Anderson of the 117th, Drenner of the 86th and others:
A RESOLUTION expressing the support of the House of Representatives for development of Georgia's energy resources, both on land and offshore, in a balanced manner which promotes this state's economy and energy independence while respecting the natural environment and protecting it for future generations; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 338. By Representatives Smith of the 70th, Parsons of the 42nd, May of the 111th, Anderson of the 117th, Drenner of the 86th and others:
A RESOLUTION expressing the support of the General Assembly for development of Georgia's energy resources, both on land and offshore, in a balanced manner which promotes this state's economy and energy independence while respecting the natural environment and protecting it for future generations; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 339. By Representatives Marin of the 96th, Brooks of the 63rd, Taylor of the 55th, Benfield of the 85th, Gardner of the 57th and others:

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A RESOLUTION urging Congress and President Obama to enact comprehensive immigration reform; and for other purposes.

Referred to the Committee on Interstate Cooperation.

HR 340. By Representatives Marin of the 96th, Brooks of the 63rd, Taylor of the 55th, Benfield of the 85th, Gardner of the 57th and others:

A RESOLUTION requesting that the President and Congress of the United States adopt a national holiday to celebrate the occasion of Mr. Csar E. Chvez's birthday on March 31, 2009, and recognizing his many great contributions to society; and for other purposes.

Referred to the Committee on Rules.

HR 341. By Representatives Butler of the 18th and Nix of the 69th:

A RESOLUTION proposing an amendment to the Constitution so as to authorize a board of education to levy a sales and use tax for educational maintenance and operation purposes of public schools with an equivalent millage rate reduction; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Ways & Means.

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

HB 433 HB 434 HB 435 HB 436 HB 437 HB 438 HB 439 HB 440 HB 441 HB 442 HB 443 HB 444 HB 445 HB 446

HB 465 HB 466 HB 467 HB 468 HB 469 HB 470 HB 471 HB 472 HB 473 HB 474 HB 475 HB 476 HB 477 HB 478

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HB 447 HB 448 HB 449 HB 450 HB 451 HB 452 HB 453 HB 454 HB 455 HB 456 HB 457 HB 458 HB 459 HB 460 HB 461 HB 462 HB 463 HB 464

HB 479 HB 480 HB 481 HB 482 HB 483 HB 484 HB 485 HB 486 HB 487 HB 488 HB 498 HB 499 HB 500 HR 317 HR 334 SB 4 SB 58 SB 62

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 144 Do Pass HR 276 Do Pass
The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 19, 2009

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 202 HB 311

Retirement and pensions; computing contributions and benefits; define certain terms (Substitute)(Ret-Maxwell-17th) Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide (HEd-Hembree-67th)

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HR 279

State of Georgia property; certain counties; nonexclusive easements; authorize (Substitute)(SI&P-Barnard-166th)

Modified Open Rule

None

Modified Structured Rule

HB 251

Quality Basic Education Act; public school student; attend any local school; provide (Substitute)(Ed-Morgan-39th)

Structured Rule

HB 59 HB 108

Sales and use tax; controlled substances and dangerous drugs; certain exemptions; provide (Substitute)(W&M-O`Neal-146th) Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide (Substitute)(SI&P-Bryant-160th)

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 26. By Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Smith of the 52nd and others:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to limit the disclosure of certain private information of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 55. By Senators Pearson of the 51st, Rogers of the 21st, Shafer of the 48th and Williams of the 19th:
A BILL to be entitled an Act to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change the factors to be considered in determining fair market value of real property; to repeal conflicting laws; and for other purposes.
SB 66. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend an Act to reconstitute the Meriwether County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended, so as to stagger the terms which members of the board are elected; to provide that members in office shall continue to serve for the remainder of their terms; to change vacancy provisions; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 72. By Senators Heath of the 31st, Jackson of the 24th, Tolleson of the 20th, Butterworth of the 50th and Douglas of the 17th:
A BILL to be entitled an Act to provide dates certain for purposes of establishing criminal violations of rules and regulations relating to matters under the jurisdiction of the Wildlife Resources Division of the Department of Natural Resources; to amend Chapter 1 of Title 27 of the O.C.G.A., relating to game and fish generally, 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 amend Chapter 7 of Title 52 of the O.C.G.A., relating to registration, operation, and sale of watercraft, so as to change certain provisions relating to penalty for violations relative to registration, operation, and sale of watercraft generally; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 80. By Senators Bulloch of the 11th, Crosby of the 13th, Hooks of the 14th, Tolleson of the 20th, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or

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other contaminants rendering such foods injurious to health or otherwise unfit for consumption; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 110. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Code Section 27-3-63 of the Official Code of Georgia Annotated, relating to general offenses and penalties relative to trapping, trappers, and fur dealers, so as to provide an exception to a prohibition against trapping wildlife upon the rights of way of public roads or highways; to repeal conflicting laws; and for other purposes.

SB 111. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide for restrictions on hunting certain animals with lights; to repeal conflicting laws; and for other purposes.

HB 265. By Representative Pruett of the 144th:

A BILL to be entitled an Act to provide a new charter for the Town of Rhine; to change the name "Town of Rhine" to "City of Rhine"; 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 or vice mayor and certain duties, powers, and other matters relative thereto; to provide for effective dates; 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 26.

By Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Smith of the 52nd and others:

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A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to limit the disclosure of certain private information of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 55.

By Senators Pearson of the 51st, Rogers of the 21st, Shafer of the 48th and Williams of the 19th:

A BILL to be entitled an Act to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change the factors to be considered in determining fair market value of real property; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 66. By Senator Harp of the 29th:

A BILL to be entitled an Act to amend an Act to reconstitute the Meriwether County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended, so as to stagger the terms which members of the board are elected; to provide that members in office shall continue to serve for the remainder of their terms; to change vacancy provisions; to provide for related matters; to provide for 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.

SB 72.

By Senators Heath of the 31st, Jackson of the 24th, Tolleson of the 20th, Butterworth of the 50th and Douglas of the 17th:

A BILL to be entitled an Act to provide dates certain for purposes of establishing criminal violations of rules and regulations relating to matters under the jurisdiction of the Wildlife Resources Division of the Department of Natural Resources; to amend Chapter 1 of Title 27 of the O.C.G.A., relating to game and fish generally, 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 amend Chapter 7 of Title 52 of the O.C.G.A., relating to registration, operation, and sale of watercraft, so as

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to change certain provisions relating to penalty for violations relative to registration, operation, and sale of watercraft generally; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

SB 80.

By Senators Bulloch of the 11th, Crosby of the 13th, Hooks of the 14th, Tolleson of the 20th, Hudgens of the 47th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Agriculture & Consumer Affairs.

SB 110. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Code Section 27-3-63 of the Official Code of Georgia Annotated, relating to general offenses and penalties relative to trapping, trappers, and fur dealers, so as to provide an exception to a prohibition against trapping wildlife upon the rights of way of public roads or highways; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

SB 111. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide for restrictions on hunting certain animals with lights; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Game, Fish, & Parks.

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Representative Lindsey of the 54th assumed the chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Ralston of the 7th, Channell of the 116th, Keown of the 173rd, and Lucas of the 139th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 144. By Representatives Holt of the 112th and Smith of the 113th:
A RESOLUTION commending Dr. Mark Wilson on being named 2009 National Principal of the Year and inviting him to appear before the House of Representatives; and for other purposes.
HR 276. By Representatives Everson of the 106th, James of the 135th, Stephens of the 161st and Jordan of the 77th:
A RESOLUTION commending Alpha Phi Alpha Fraternity, Inc., and the Georgia District Chapters and inviting the Georgia District Director and representatives of Alpha Phi Alpha Fraternity Inc., 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 Regulated Industries:
HB 102. By Representatives Jerguson of the 22nd, Dickson of the 6th, Williams of the 4th, Powell of the 29th, Maddox of the 127th and others:
A BILL to be entitled an Act to amend Title 3 of the O.C.G.A., relating to alcoholic beverages, so as to revise certain provisions relating to the issuance of licenses for manufacturing, distributing, and selling of alcoholic beverages and the conduct permitted by those holding such licenses; to authorize samplings for consumption by retail dealers and employees of retail dealers to be conducted by manufacturers and wholesalers of alcoholic beverages and specifically distilled spirits and consumed by retail dealers and retail dealers' employees under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 279. By Representative Barnard of the 166th:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Candler, Cobb, Dawson, Douglas, Fulton, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Candler, Cobb, Dawson, Douglas, Fulton, Grady, and Muscogee counties, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located in Candler, Cobb, Dawson, Douglas, Fulton, Grady, and Muscogee counties, Georgia; and
WHEREAS, the City of Metter, Cobb County, City of Smyrna, Georgia Transmission Corporation, Connexion Technologies, Inc., Georgia Power Company, CNN Center Ventures, City of Atlanta, City of Cairo, and City of Columbus desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property; and
WHEREAS, these facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested, approved, or both, by the Georgia Department of Defense, State Properties Commission, Georgia Forestry Commission, Department of Natural Resources, and the Department of Economic Development on behalf of the Georgia World Congress Center Authority.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I SECTION 1.

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That the State of Georgia is the owner of the hereinafter described real property in Candler County, and the property is in the custody of the Georgia Department of Defense, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Metter, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a sanitary sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Metter, Candler County, Georgia, and is more particularly described as follows:
"That 0.275 acre portion and that portion only as shown highlighted in yellow on a plat of survey dated April 16, 2008, prepared by Donald Marsh and Associates surveyor, and all being on file in the offices of the State Properties Commission," and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 3. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.
SECTION 4. That the City of Metter shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line.
SECTION 5. That, after the City of Metter has put into use the sanitary sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Metter, 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.

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SECTION 6. That no title shall be conveyed to the City of Metter, and, except as herein specifically granted to the City of Metter, 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 Metter.
SECTION 7. 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. The 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 8. 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 Metter 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 Metter. 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. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 9. That the easement granted to the City of Metter shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 10. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 11. That this grant of easement shall be recorded by the Grantee in the Superior Court of Candler County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That the authorization in this resolution to grant the above-described easement to the City of Metter shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE II SECTION 14.
That the State of Georgia is the owner of the hereinafter described real property in Cobb County, Georgia, and that the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to Cobb County or its successors and assigns, a nonexclusive easement area above and across the property which is leased to CSX Corporation as successor to the Seaboard System Railroad, Inc., for the operation and maintenance of a new pedestrian path or trail and bridge. Said easement area is located south of Marietta, Georgia, in Cobb County, and is more particularly described as follows:
"That approximately 0.037 of an acre permanent easement and approximately 0.0546 of an acre of temporary construction easement air-rights portion and that portion only as shown on that drawing titled Georgia Cobb County Right of Way of Proposed Spring Road Enhanced Sidewalk Project CSCMQ-0006-00 (876) dated August 14, 2006, Sheets 1, 2, 18 and 21 of 21 as last revised on November 17, 2008, prepared by Arcadis, on file in the offices of the State Properties Commission,"

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and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 16. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said pedestrian path or trail and bridge, and that the design and construction plans for the easement area must be approved by the CSX Corporation as lessee prior to initiation of construction.
SECTION 17. That Cobb County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said path or trail and bridge.
SECTION 18. That, after Cobb County has put into use the pedestrian path or trail and bridge this easement is granted for, 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, Cobb County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the path or trail and bridge shall become the property of the State of Georgia, or its successors and assigns.
SECTION 19. That no title shall be conveyed to Cobb County and, except as herein specifically granted to Cobb County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Cobb County.
SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Cobb County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Cobb

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County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 21. That the easement granted to Cobb County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 22. 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. The 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 23. 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 24. That this grant of easement shall be recorded by the Grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 25. That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE III SECTION 27.

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That the State of Georgia is the owner of the hereinafter described real property in Cobb County, Georgia, and that the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to Cobb County, or its successors and assigns, a nonexclusive easement area above and across the property which is leased to CSX Corporation as successor to the Seaboard System Railroad, Inc., for the operation and maintenance of a new pedestrian path or trail and bridge. Said easement area is located south of Marietta, Georgia, in Cobb County, and is more particularly described as follows:
"That approximately 0.45 of an acre temporary easement and 0.09 of an acre permanent easement air-rights portion and that portion only as shown on that drawing titled Cobb County Department of Transportation, Mainline Plan Old 41 Highway Drawing 13-02 not dated, on file in the offices of the State Properties Commission," and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 29. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said pedestrian path or trail and bridge, and that the design and construction plans for the easement area must be approved by the CSX Corporation as lessee prior to initiation of construction.
SECTION 30. That Cobb County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said path or trail and bridge.
SECTION 31. That, after Cobb County has put into use the pedestrian path or trail and bridge this easement is granted for, 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 Cobb County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the path or trail and bridge shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 32. That no title shall be conveyed to Cobb County and, except as herein specifically granted to Cobb County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Cobb County.
SECTION 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Cobb County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Cobb County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 34. That the easement granted to Cobb County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 35. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

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SECTION 36. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 37. That this grant of easement shall be recorded by the Grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 38. That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IV SECTION 40.
That the State of Georgia is the owner of the hereinafter described real property in Cobb County, Georgia, and that the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to City of Smyrna or its successors and assigns, a nonexclusive easement area above and across the property which is leased to CSX Corporation as successor to the Seaboard System Railroad, Inc., for the operation and maintenance of a new highway bridge with improved pedestrian safety at Campbell Road. Said easement area is located south of Smyrna, Georgia, in Cobb County, and is more particularly described as follows:
"That 0.1 of an acre portion of air-rights temporary easement and 0.1 of an acre of air-rights permanent easement and that portion only as shown on that drawing titled City of Smyrna Department of Public Works Right of Way Map, Campbell Road over CSX Railroad, Project No. 31-6056 on file in the offices of the State Properties Commission," and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

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SECTION 42. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said highway and pedestrian bridge, and that the design and construction plans for the easement area must be approved by the CSX Corporation as lessee prior to initiation of construction.
SECTION 43. That City of Smyrna shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said bridge.
SECTION 44. That, after City of Smyrna has put into use the highway and pedestrian bridge this easement is granted for, 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 Smyrna, 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 highway and pedestrian bridge shall become the property of the State of Georgia, or its successors and assigns.
SECTION 45. That no title shall be conveyed to City of Smyrna and, except as herein specifically granted to City of Smyrna 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 City of Smyrna.
SECTION 46. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and City of Smyrna 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 City of Smyrna. 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

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removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 47. That the easement granted to City of Smyrna 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 48. 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. The 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 49. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 50. That this grant of easement shall be recorded by the Grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 51. That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE V SECTION 53.

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That the State of Georgia is the owner of the hereinafter described real property in Cobb County, Georgia, and that the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to Cobb County or its successors and assigns, a nonexclusive easement area above and across the property which is leased to CSX Corporation as successor to the Seaboard System Railroad, Inc., for the operation and maintenance of a new pedestrian path or trail and bridge. Said easement area is located south of Smyrna, Georgia, in Cobb County, and is more particularly described as follows:
"That approximately 0.07 of an acre air-rights portion and that portion only as shown on that drawing titled Spring Road, Smyrna, GA., Easement Plat for Spring Road CSX Pedestrian Bridge of 0.07 of an acre, by CROY Engineering, dated November 24, 2008, on file in the offices of the State Properties Commission," and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 55. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said pedestrian path or trail and bridge, and that the design and construction plans for the easement area must be approved by the CSX Corporation as lessee prior to initiation of construction.
SECTION 56. That Cobb County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said path or trail and bridge.
SECTION 57. That, after Cobb County has put into use the pedestrian path or trail and bridge this easement is granted for, 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 Cobb County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the path or trail and bridge shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 58. That no title shall be conveyed to Cobb County and, except as herein specifically granted to Cobb County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Cobb County.
SECTION 59. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Cobb County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Cobb County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 60. That the easement granted to Cobb County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 61. 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. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

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SECTION 62. 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 63. That this grant of easement shall be recorded by the Grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 64. That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 65. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VI SECTION 66.
That the State of Georgia is the owner of the hereinafter described real property in Dawson County, and the property is in the custody of the Georgia Forestry Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Transmission Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a transmission line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a transmission line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Dawson County, Georgia, and is more particularly described as follows:
"That approximately 0.38 of an acre portion and that portion only as shown on a Jordan Jones and Goulding survey titled Dawson Crossing Juno 115kV Transmission Line, dated February 14, 2007, for the Georgia Transmission Corporation and on file in the offices of the State Properties Commission,"

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and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 68. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said transmission line.
SECTION 69. That Georgia Transmission Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said transmission line.
SECTION 70. That, after the Georgia Transmission Corporation puts into use the transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Transmission Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 71. That no title shall be conveyed to Georgia Transmission Corporation and, except as herein specifically granted to Georgia Transmission Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Transmission Corporation.
SECTION 72. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

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SECTION 73. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Transmission Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Transmission Corporation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 74. That the easement granted to Georgia Transmission Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 75. That the consideration for such easement shall be fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 76. That this grant of easement shall be recorded by the Grantee in the Superior Court of Dawson County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 77. That the authorization in this resolution to grant the above-described easement to Georgia Transmission Corporation shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.

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SECTION 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VII SECTION 79.
That the State of Georgia is the owner of the hereinafter described real property in Douglas County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to Connexion Technologies, Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of fiber optic, telephone, cable television, and high speed data line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating such line and services 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 Douglas County, Georgia, and is more particularly described as follows:
"Those 0.115 of an acre portions and those portions only as shown on a GeoSurvey, Ltd. survey for Connexion Technologies last revised on May 5, 2007, prepared by Joseph T. Baker and on file in the offices of the State Properties Commission," and may be more particularly described by a plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 81. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said fiber optic, telephone, cable television, and high speed data line.
SECTION 82. That Connexion Technologies, Inc., 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 line.

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SECTION 83. That, after Connexion Technologies, Inc., has put into use the line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Connexion Technologies, Inc., or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 84. That no title shall be conveyed to Connexion Technologies, Inc., and, except as herein specifically granted to Connexion Technologies, Inc., 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 Connexion Technologies, Inc.
SECTION 85. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 86. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Connexion Technologies, Inc., 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 Connexion Technologies, Inc. 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

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Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 87. That the easement granted to Connexion Technologies, Inc., 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 88. That the consideration for such easement shall be for fair market value but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 89. 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 90. That the authorization in this resolution to grant the above-described easement to Connexion Technologies, Inc., shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VIII SECTION 92.
That the State of Georgia is the owner of the hereinafter described real property in Fulton County, and the property is in the custody of the Department of Economic Development at the Georgia World Congress Center, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a transmission line on, over, under,

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upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a transmission line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Fulton County, Georgia, and is more particularly described as follows:
"Those approximately 0.591 of one acre portions and those portions only as shown on a Georgia Power Company drawing titled Fowler Street-Jefferson Street 115KV Transmission Line (Reference Alexander Street DOT Project) in Atlanta, Fulton County, Georgia, dated October 15, 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 94. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said transmission lines, and that the Executive Director of the Georgia World Congress Center shall approve the design, construction, and operation plans for the easement area.
SECTION 95. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said transmission line.
SECTION 96. That, after the Georgia Power Company puts into use the transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 97. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

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SECTION 98. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.
SECTION 99. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 100. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 101. That the consideration for such easement shall be fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 102. That this grant of easement shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 103. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE IX SECTION 105.
That the State of Georgia is the owner of the hereinafter described real property in Fulton County, Georgia, and that the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 106. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area above and across the property which is leased to CSX Corporation as successor to the Seaboard System Railroad, Inc., for the operation and maintenance of a new power transmission line. Said easement area is located in Atlanta, Fulton County, Georgia, and is more particularly described as follows:
"That approximately 0.178 of one acre air-rights portion and that portion only as shown on that drawing titled for Georgia Power Company, Easement survey for State of Georgia (Parcel 009A) Fowler Street-Jefferson Street 115KV Transmission Line (Reference Alexander Street DOT Project) by surveyor David J. Williams, dated January 14, 2009, on file in the offices of the State Properties Commission," and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 107. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said transmission line, and that the design and construction

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plans for the easement area must be approved by the CSX Corporation as lessee prior to initiation of construction.
SECTION 108. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said transmission line.
SECTION 109. That, after Georgia Power Company has put into use the transmission line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the transmission line shall become the property of the State of Georgia, or its successors and assigns.
SECTION 110. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Fulton County.
SECTION 111. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

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SECTION 112. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.
SECTION 113. 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. The 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 114. That the consideration for such easement shall be the fair market value but not less than $650.00, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 115. That this grant of easement shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 116. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 117. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE X SECTION 118.
That the State of Georgia is the owner of the hereinafter described real property in Fulton County, and the property is in the custody of the Georgia World Congress Center Authority by virtue of that certain lease from the Department of Economic Development, hereinafter referred to as the "easement area" and that, in all matters relating to the

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easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 119. That the State of Georgia, acting by and through its State Properties Commission, may grant to CNN Center Ventures, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a sewer line in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a sewer line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Fulton County, Georgia, and is more particularly described as follows:
"That approximately 0.01 of one acre portion and that portion only as shown in yellow on drawing titled CNN Center Ventures, equates to 50 SY (i.e., 446 sq. ft.) = 0.01 acres. 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 120. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said sewer line, and that the Executive Director of the Georgia World Congress Center shall approve the design, construction, and operation plans for the easement area.
SECTION 121. That CNN Center Ventures shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said sewer line.
SECTION 122. That, after CNN Center Ventures has put into use the sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, CNN Center Ventures, 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 sewer line shall become the property of the State of Georgia, or its successors and assigns.
SECTION 123. That no title shall be conveyed to CNN Center Ventures and, except as herein specifically granted to CNN Center Ventures, 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

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inconsistent with or detrimental to the rights, privileges, and interest granted to the CNN Center Ventures.
SECTION 124. 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 CNN Center Ventures 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 CNN Center Ventures. 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. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 125. 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. The 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 126. That the easement granted to CNN Center Ventures 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 127. That the consideration for such easement shall be fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 128. That this grant of easement shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 129. That the authorization in this resolution to grant the above-described easement to CNN Center Ventures shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 130. 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 131.
That the State of Georgia is the owner of the hereinafter described real property in Fulton County, Georgia, and that the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 132. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Atlanta, or its successors and assigns, a nonexclusive easement area above and across the property which is leased to CSX Corporation as successor to the Seaboard System Railroad, Inc., for the operation and maintenance of a new pedestrian path and trail under a tunnel. Said easement area is located near Bolton Road in Atlanta, Fulton County, Georgia, and is more particularly described as follows:
"That 0.052 of an acres air-rights portion and that portion only as shown on that engineered drawing titled Permanent Easement CSX Railroad for the PATH Foundation, Chattahoochee 2 Trail, dated January 21, 2009, prepared by Moreland Altobelli Associates Inc., 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 133. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said pedestrian path and trail, and that the design, construction

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and operation plans for the easement area must be approved by the CSX Corporation as lessee prior to initiation of construction.
SECTION 134. That the City of Atlanta shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said pedestrian path and trail.
SECTION 135. That, after the City of Atlanta has put into use the pedestrian path and trail this easement is granted for, 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 Atlanta, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the pedestrian path and trail shall become the property of the State of Georgia, or its successors and assigns.
SECTION 136. That no title shall be conveyed to the City of Atlanta and, except as herein specifically granted to the City of Atlanta, 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 Atlanta.
SECTION 137. 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 Atlanta 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 Atlanta. 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. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.

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SECTION 138. That the easement granted to the City of Atlanta 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 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. The 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 140. 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 141. That this grant of easement shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 142. That the authorization in this resolution to grant the above-described easement to the City of Atlanta shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 143. 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 XII SECTION 144.
That the State of Georgia is the owner of the hereinafter described real property in Grady County, and the property is in the custody of the Technical College System of Georgia, hereinafter referred to as the "easement area" and that, in all matters relating to the

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easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 145. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cairo, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an electrical power line on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating an electrical power line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Grady County, Georgia, and is more particularly described as follows:
"Those approximately 0.14 of one acre portions and those portions only as shown for a 20-foot utility easement on a survey prepared by Larry Grogan & Associates, Inc., dated October 1, 2003, and last revised December 19, 2007, 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 146. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said electrical power line.
SECTION 147. That the City of Cairo shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical power line.
SECTION 148. That, after the City of Cairo puts into use the electrical power line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Cairo, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.
SECTION 149. That no title shall be conveyed to the City of Cairo and, except as herein specifically granted to the City of Cairo, all rights, title, and interest in and to said easement area is

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reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Cairo.
SECTION 150. 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. The 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 151. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Cairo shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the City of Cairo. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 152. That the easement granted to the City of Cairo shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best 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 153. 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.

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SECTION 154. That this grant of easement shall be recorded by the Grantee in the Superior Court of Grady County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 155. That the authorization in this resolution to grant the above-described easement to the City of Cairo shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 156. 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 XIII SECTION 157.
That the State of Georgia is the owner of the hereinafter described real property in Muscogee County, and the property is in the custody of the Department of Defense, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 158. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Columbus, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a storm sewer line in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting, and operating a storm sewer line to prevent flooding, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the Muscogee County, Georgia, and is more particularly described as follows:
"That approximately 0.327 of an acre portion and that portion only as shown on a drawing titled Proposed Drainage and Utility Easement, 25th Avenue Storm Sewer Replacement, Columbus, Muscogee County, Georgia, 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 159. That the above-described premises shall be used solely for the purpose of installing, maintaining, repairing, replacing, inspecting, and operating said storm sewer line.

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SECTION 160. That the City of Columbus shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said storm sewer line.
SECTION 161. That, after the City of Columbus has put into use the storm sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Columbus, 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 storm sewer line shall become the property of the State of Georgia, or its successors and assigns.
SECTION 162. That no title shall be conveyed to the City of Columbus and, except as herein specifically granted to the City of Columbus, 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 Columbus.
SECTION 163. 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 Columbus 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 Columbus. 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. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 164. That this resolution does not affect and is not intended to affect any rights, powers,

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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. The 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 165. That the easement granted to the City of Columbus 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 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 167. That this grant of easement shall be recorded by the Grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 168. That the authorization in this resolution to grant the above-described easement to the City of Columbus shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.
SECTION 169. 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 XIV SECTION 170.
That all laws or parts of laws in conflict with this resolution are repealed.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

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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 Allison E Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton
Black 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, D Y Collins, T Y Cooper Y Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier
Fullerton Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs
James Y Jerguson E Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight
Knox Y Lane, B Y Lane, R Y Levitas
Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham

Y Manning Marin Martin
Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills E Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall E Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M E Williams, R
Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, by substitute, the ayes were 147, nays 0.

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

Representative Reece of the 11th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representatives Millar of the 79th, Powell of the 171st, and Wix of the 33rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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HB 59. By Representatives O`Neal of the 146th, Cole of the 125th, Pruett of the 144th, Golick of the 34th and Harden of the 147th:
A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for certain exemptions from sales and use taxes on those controlled substances and dangerous drugs, as defined by Code Section 16-13-1, lawfully dispensable by prescription for the treatment of natural persons which are either sold or are distributed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor; to provide for certain exemptions from sales and use taxes on controlled substances and dangerous drugs, lawfully dispensed without charge for the purposes of a clinical trial approved by an institutional review board which has been accredited by the Association for the Accreditation of Human Research Protection Programs; 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 change certain provisions regarding the exemption from sales and use taxes on prescription drugs; to provide for additional exemptions from sales and use taxes on certain controlled substances, dangerous drugs, new animal drugs, or medical devices; to provide for legislative findings; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to ratify an executive order of the Governor suspending the collection of such taxes; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows:
"48-8-18. (a) The General Assembly finds that:
(1) Pharmaceutical samples provide a zero-cost option for some Georgians to obtain medication necessary to maintain their health and sustain their lives; (2) Pharmaceutical medications used in clinical trials are often provided without cost; and

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(3) It is in the best interests of Georgians to exempt from sales and use taxes pharmaceutical medications that are distributed without cost for several reasons, including:
(A) The ability to distribute needed medicines to persons who might not otherwise be able to afford them; (B) The attraction of clinical trials to Georgia for the betterment of the health of Georgians and to continue the state's place as a leader in cutting-edge health research; and (C) The elimination of an inconsistency in the law whereby pharmaceutical medicines that are sold at retail are not taxed, but those that are distributed for free are subject to taxation. (b) The General Assembly of Georgia ratifies the Executive Order of the Governor dated August 29, 2008, and filed in the official records of the Office of the Governor as Executive Order 08.29.08.01 which suspended the collection of any rate of sales and use taxation as that tax applies to those controlled substances and dangerous drugs, as defined by Code Section 16-13-1, lawfully dispensable by prescription for the treatment of natural persons which are dispensed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor and the collection of any such taxes on controlled substances and dangerous drugs, as defined by Code Section 16-13-1, lawfully dispensed without charge for the purposes of a clinical trial approved by an institutional review board which has been accredited by the Association for the Accreditation of Human Research Protection Programs. (c) For the time period commencing on September 1, 2008, as specified in the Executive Order of the Governor dated August 29, 2008, and filed in the official records of the Office of the Governor as Executive Order 08.29.08.01 and concluding on the last moment of June 30, 2009, sales and use taxation pursuant to Code Section 48-8-30 as that tax applies to those controlled substances and dangerous drugs, as defined by Code Section 16-13-1, lawfully dispensable by prescription for the treatment of natural persons which are dispensed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor and as such tax applies to controlled substances and dangerous drugs, as defined by Code Section 16-13-1, lawfully dispensed without charge for the purposes of a clinical trial approved by an institutional review board which has been accredited by the Association for the Accreditation of Human Research Protection Programs, shall be governed by the provisions of this Code section notwithstanding any provisions of Code Section 48-8-30 or any other law to the contrary. (d) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section."
SECTION 2.

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Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use tax, by revising paragraph (47) as follows:
"(47)(A)(i) The sale or use Sales of controlled substances and dangerous drugs which are lawfully dispensed by prescription for the treatment of natural persons, and sales of prescription eyeglasses and contact lenses including, without limitation, prescription contact lenses distributed by the manufacturer to licensed dispensers as free samples not intended for resale and labeled as such;. (ii) The sale or use of those controlled substances and dangerous drugs lawfully dispensable by prescription for the treatment of natural persons which are dispensed or distributed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor; and the use of controlled substances, dangerous drugs, new animal drugs, and medical devices lawfully dispensed or distributed without charge solely for the purposes of a clinical trial approved by either the United States Food and Drug Administration or by an institutional review board. (B) For purposes of this paragraph, the term: (i) 'Controlled substance' means the same as provided in Code Section 16-13-1. (ii) 'Dangerous drug' means the same as provided in Code Section 16-13-1. (iii) 'Institutional review board' means an institutional review board as provided in 21 C.F.R. Section 56. (iv) 'Medical device' means a device as defined in subsection (h) of 21 U.S.C. Section 321. (v) 'New animal drug' means a new animal drug as defined in subsection (v) of 21 U.S.C. Section 321. (C) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph;"
SECTION 3. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2 of this Act shall become effective July 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:

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Y Abdul-Salaam Y Abrams Y Allison E Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar
Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lane, B Y Lane, R Y Levitas
Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 158, nays 0.

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

Representatives Fludd of the 66th and Powell of the 171st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

HB 311. By Representative Hembree of the 67th:

A BILL to be entitled an Act to amend Code Section 20-3-266 of the Official Code of Georgia Annotated, relating to powers and duties of the Georgia

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Higher Education Assistance Corporation, so as to provide for guaranteed educational loans as a lender of last resort; 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 Allison E Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Davis, H
Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver E O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 161, nays 1.

Y Rynders Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates
Richardson, Speaker

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

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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 202. By Representatives Maxwell of the 17th, Meadows of the 5th, Golick of the 34th and Benton of the 31st:
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 define certain terms; to provide for a maximum compensation to be used for computing contributions and benefits; to remove a requirement that an application for certain creditable service be made within a certain period; to provide for the payment of benefits; to provide for rollover of certain funds; to provide for a limit on benefits; to provide for application of service credits; to provide for the holding of pension funds in trust; to provide for a normal retirement age; to provide for vesting; to ratify certain prior changes to public retirement plans; to provide for related changes in public retirement law to comply with federal law and regulations; 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 define certain terms; to provide for a maximum compensation to be used for computing contributions and benefits; to provide for the payment of benefits; to provide for rollover of certain funds; to provide for a limit on benefits; to provide for application of service credits; to provide for the holding of pension funds in trust; to provide for a normal retirement age; to provide for vesting; to ratify certain prior changes to public retirement plans; to provide for related changes in public retirement law to comply with federal law and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising Code Section 47-1-10, relating to adoption, amendment, or repeal of rules by boards of trustees of state retirement or pension systems, procedure, immediate adoption, and filing of rules with Secretary of State, by adding a new subsection to read as follows:
"(f) Each board of trustees shall be authorized to adopt rules and regulations which are appropriate or necessary to maintain the qualified status of its respective public

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retirement and pension system under Sections 401(a) and 414(d) of the federal Internal Revenue Code and such other applicable sections of the federal Internal Revenue Code."
SECTION 2. Said title is further amended by revising subsection (b) of Code Section 47-1-13, relating to maximum compensation used in computing employee and employer contributions, as follows:
"(b) Any other provision of law to the contrary notwithstanding, the maximum compensation used in computing employee and employer contributions to or benefits due from any public retirement or pension system shall be the maximum compensation set forth in Section 401(a)(17) of the federal Internal Revenue Code, as now or hereafter amended; provided, however, that pursuant to Section 13212(d)(3)(A) of the federal Omnibus Budget Reconciliation Act of 1993 and the regulations issued under such section, eligible members are not subject to the limits of Section 401(a)(17) of the federal Internal Revenue Code, and the maximum compensation used for such computations for eligible employees members shall be the maximum amount allowed by the respective retirement or pension system to be so used on July 1, 1993."
SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"47-1-13.1. (a) As used in this Code section the term:
(1) 'Annual compensation' means compensation during the determination period. Such term shall include any cost of living adjustment in effect for a calendar year if the determination period begins with or within such calendar year. (2) 'Determination period' means the plan year or such other consecutive 12 month period over which compensation is otherwise determined under the public retirement or pension system. (b) The annual compensation of a plan member during any plan year beginning on or after January 1, 2002, which exceeds $200,000.00, as adjusted for cost-of-living increases in accordance with Section 401(a)(17)(B) of the federal Internal Revenue Code, shall not be taken into account in determining benefits or contributions due from the public retirement or pension system for any plan year. If the determination period consists of fewer than 12 months, the annual compensation limit shall be an amount equal to the otherwise applicable annual compensation limit multiplied by a fraction, the numerator of which is the number of months in the short determination period and the denominator of which is 12. If the compensation for any prior determination period is taken into account in determining a plan member's contributions or benefits for the current plan year, the compensation for such prior determination period shall be subject to the applicable annual compensation limit in effect for the prior period. (c) The annual compensation of a plan member during any plan year beginning on and after January 1, 1996, and before January 1, 2002, which exceeds $150,000.00, as

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indexed as provided in Section 401(a)(17)(B) of the federal Internal Revenue Code, shall be disregarded for purposes of computing contributions to or benefits due from the public retirement or pension system."
SECTION 4. Said title is further amended by revising Code Section 47-1-80, relating to distributions to conform to regulations issued under the Internal Revenue Code, as follows:
"47-1-80. Notwithstanding any other provision of this title to the contrary, distributions from any public retirement or pension system shall conform to the regulations issued under a good-faith interpretation of Section 401(a)(9) of the federal Internal Revenue Code and the regulations promulgated pursuant to such section as applicable to a governmental plan within the meaning of Section 414(d) of the federal Internal Revenue Code and shall be implemented in accordance with the grandfathering provisions of such regulations applicable to annuity option distributions in effect on April 17, 2001."
SECTION 5. Said title is further amended by adding a new Code section to read as follows:
"47-1-80.1. (a) Notwithstanding any other provision of this title to the contrary, any public retirement or pension system shall be subject to the following provisions:
(1)(A) Benefits shall begin by the required beginning date, which is the later of April 1 of the calendar year following the calendar year in which the plan member reaches 70 1/2 years of age or April 1 of the calendar year in which the plan member terminates employment. If a plan member fails to apply for retirement benefits by the required beginning date, the applicable public retirement or pension system shall begin distribution of the benefit as required by Section 401(a)(9) of the federal Internal Revenue Code. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, for any plan member who was entitled to receive a benefit under the public retirement or pension as of December 31, 1996, and attained the age of 70 1/2 on or before December 31, 1998, the required beginning date shall be deemed to be April 1 following the calendar year in which the member attained the age of 70 1/2, regardless of whether the member was then employed by the employer; (2) A plan member's entire interest shall be distributed over the plan member's life or the lives of the plan member and a designated beneficiary or over a period not extending beyond the life expectancy of the plan member or the life expectancy of the plan member and his or her designated beneficiary; (3) The life expectancy of a plan member, the plan member's spouse, or the plan member's designated beneficiary shall not be recalculated after the initial determination for purposes of determining benefits; (4) If a plan member dies after the required distribution of benefits has begun, the remaining portion of the plan member's interest shall be distributed at least as rapidly

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as under the method of distribution before the plan member's death and no longer than the remaining period over which the distribution commenced; and (5) If a plan member dies before the required distribution of the plan member's benefits has begun, the plan member's entire interest shall be either distributed in accordance with federal regulations over the life or the life expectancy of the designated beneficiary, with the distributions beginning no later than December 31 of the calendar year immediately following the calendar year of the plan member's death or distributed by December 31 of the calendar year containing the fifth anniversary of the plan member's death. (b) The amount of an annuity paid to a plan member's designated beneficiary shall not exceed the maximum determined under the incidental death benefit requirements of the federal Internal Revenue Code. (c) The death and disability benefits provided by the plan shall be limited by the incidental benefit rule set forth in Section 401(a)(9)(G) of the federal Internal Revenue Code and Federal Treasury Regulation Section 1.401-1(b)(l)(i) or any successor to such regulation."
SECTION 6. Said title is further amended by revising Code Section 47-1-81, relating to election to have a portion of an eligible rollover distribution paid to an eligible retirement plan under federal law, as follows:
"47-1-81. (a) As used in this Code section, the term:
(1) 'Direct rollover' means a payment by the public retirement or pension system subject to this title to the eligible retirement plan specified by the distributee or to the surviving spouse of the distributee. (2) 'Distributee' means:
(A) An employee; (B) A former employee; (C) The employee or former employee's surviving spouse; or (D) A nonspouse beneficiary who is a designated beneficiary as defined in Section 401(a)(9)(E) of the federal Internal Revenue Code. (3) 'Eligible retirement plan' means any of the following that accepts the distributee's eligible rollover distribution: (A) An individual retirement account described in Section 408(a) of the federal Internal Revenue Code; (B) An individual retirement annuity described in Section 408(b) of the federal Internal Revenue Code; (C) An annuity plan described in Section 403(a) of the federal Internal Revenue Code; (D) A qualified trust described in Section 401(a) of the federal Internal Revenue Code;

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(E) An annuity contract described in Section 403(b) of the federal Internal Revenue Code. (F) An eligible deferred compensation plan under Section 457(b) of the federal Internal Revenue Code that is maintained by a state, political subdivision or agency or instrumentality of a state, or a political subdivision of a state and which agrees to separately account for amounts transferred into that plan from the public retirement or pension system under this title; and (G) A Roth IRA described in Section 408A of the federal Internal Revenue Code. (4) 'Eligible rollover distribution' means any distribution of all or any portion of the balance to the credit of the distributee; provided, however, such term shall not include: (A) Any distribution that is one of a series of substantially equal periodic payments made not less frequently than annually for the life or life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; (B) Any distribution to the extent such distribution is required under Section 401(a)(9) of the federal Internal Revenue Code; (C) The portion of any distribution that is not includable in gross income; or (D) Any other distribution that is reasonably expected to total less than $200.00 during the year. Such term shall include a distribution to a surviving spouse made on or after January 1, 2002. (b) Notwithstanding any other provisions of this title to the contrary that would otherwise limit a person's election under this Code section, a member of a retirement or pension system subject to this title may elect, at the time and in the manner prescribed by the board of trustees of such system, to have any portion of an eligible rollover distribution, as such term is defined in Section 402(c) of the federal Internal Revenue Code, paid directly to an eligible retirement plan, as such term is defined in Section 402(c) of the federal Internal Revenue Code, specified by the person in a direct rollover. (c) A portion of a distribution made on or after January 1, 2002, shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions that are not includable in gross income; provided, however, that such portion may be transferred only to: (1) An individual retirement account or annuity described in Section 408(a) or (b) of the federal Internal Revenue Code; (2) A qualified defined contribution plan described in Sections 401(a) or 403(a) of the federal Internal Revenue Code; (3) A qualified defined benefit plan described in Section 401(a) of the federal Internal Revenue Code; or (4) An annuity contract described in Section 403(b) of the federal Internal Revenue Code which agrees to account separately for amounts so transferred, and earnings

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thereon, including accounting separately for the portion of such distribution that is includable in gross income and the portion that is not so includable. (d) Notwithstanding any other provision of this title to the contrary, a nonspouse designated beneficiary may roll over the distribution only to an individual retirement account or individual retirement annuity established for the purpose of receiving the distribution, and the account or annuity shall be treated as an inherited individual retirement account or annuity."
SECTION 7. Said title is further amended by revising Code Section 47-1-82, relating to maximum benefits limited to that allowed by federal law, as follows:
"47-1-82. (a) As used in this Code section, the term:
(1) 'Annual benefit' means a retirement benefit under the public retirement or pension system which is payable annually in the form of a straight life annuity. (2) 'Applicable mortality table' means the table prescribed by the secretary of the treasury of the United States in Revenue Ruling 95-6 or any successor thereto which prescribes the mortality table to be applied pursuant to Section 415(b)(2)(E)(v) of the federal Internal Revenue Code. To the extent that a forfeiture does not occur upon death, the mortality decrement may be ignored prior to age 62 and shall be ignored after social security retirement age, as prescribed by federal Internal Revenue Service Notice 83-10, Q&A G-3 and G-4, or any successor thereto. (3) 'Compensation' means, for purposes of applying the limitations of Section 415 of the federal Internal Revenue Code and for no other purpose, a plan member's wages as defined in Section 3401(a) of the federal Internal Revenue Code (wages subject to income tax withholding at the source, but without regard to exceptions contained in Section 3401(a) of the federal Internal Revenue Code for wages based on the nature or location of the employment or the services performed). The term shall also include the following:
(A) For limitation years beginning on or after December 31, 1997, for purposes of applying the limitations of Section 415 of the federal Internal Revenue Code, amounts that would otherwise be included in compensation but for an election under Sections 125(a), 402(e)(3), 402(h)(1)(B), 402(k), and 457(b) of the federal Internal Revenue Code; (B) For limitation years beginning after December 31, 2000, any elective amounts that are not includable in the plan member's gross income by reason of Section 132(f) of the federal Internal Revenue Code, relating to qualified transportation plan; and (C) For limitation years beginning on and after January 1, 2007, compensation paid by the later of 2 1/2 months after the plan member's severance from employment or the end of the limitation year that includes the date of the plan member's severance from employment if:

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(i) The payment is regular compensation for services during the plan member's regular working hours or compensation for services outside the plan member's regular working hours, including without limitation overtime or shift differential, commissions, bonuses, or other similar payments, and, absent a severance from employment, the payment would have been paid to the plan member while he or she continued in employment with the employer; or (ii) The payment is for unused accrued bona fide sick leave, vacation leave, or the leave that the member would have been able to use if employment had continued. 'Compensation' also includes back pay, within the meaning of Treasury Regulation Section 1.415 (c)-2(g)(8), for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included in this definition. (4) 'Dollar limitation' means the maximum permissible amount as such term is defined in paragraph (6) of this subsection. (5) 'Limitation year' means the plan year. (6) 'Maximum permissible amount' means: (A) For limitation years beginning prior to January 1, 1995, 100 percent of the plan member's average compensation for the period of three consecutive years during which the plan member has the highest aggregate compensation from the employer; (B) For limitation years beginning on and after January 1, 1995, but before January 1, 2001, $90,000; and (C) For limitation years beginning on and after January 1, 2002, $160,000.00, as adjusted by the secretary of the treasury of the United States for each calendar year, with the new limitation to apply to limitation years ending within the calendar year of the date of the adjustment. (7) 'Nonannuity benefit form' means a benefit, whether a normal form or an optional form, which is not payable in a straight life annuity for the life of the plan member. (b) Notwithstanding any other provisions of this title to the contrary, the maximum benefit payable to any active or retired member or beneficiary of a retirement or pension system subject to this title shall be limited to such extent as may be necessary to conform to the requirements of Section 415 of the federal Internal Revenue Code for a qualified retirement plan. (c) If a plan member's benefit is payable in a nonannuity benefit form, whether as the normal form of benefit or as an optional form which the plan member or his or her designated beneficiary elects, the nonannuity benefit form shall be adjusted to an annual benefit as described in subsections (d) and (e) of this Code section. No actuarial adjustment to the nonannuity benefit form shall be required for: (1) The value of a qualified joint and survivor annuity; (2) The value of benefits that are not directly related to retirement benefits, such as a disability benefit, preretirement death benefits, and postretirement medical benefits; or (3) The value of postretirement cost-of-living increases provided that the amount payable to the plan member under the nonannuity benefit form in any limitation year

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shall not be greater than the Section 415(b) of the federal Internal Revenue Code limit applicable at the annuity starting date as increased in subsequent years pursuant to Section 415(d) of the federal Internal Revenue Code and Section 1.415(d)-1 of the Treasury Regulations. The determination of the annual benefit shall disregard benefits attributable to employee contributions or rollover contributions or the assets transferred from a qualified plan that was not maintained by an employer. (d) If the annual benefit commences when the plan member has fewer than ten years of participation in the applicable public retirement or pension system or any predecessor public retirement or pension system, the dollar limitation shall be reduced by one-tenth for each year less than ten, but in no event shall be less than one-tenth of the unreduced dollar limitation. (e)(1) If the payment of benefits under the public retirement or pension system commences before age 62 or after age 65, the dollar limitation shall be adjusted as the actuarial equivalent of the dollar limitation payable at age 62 or age 65, as follows:
(A) If the age at which the benefit is payable is less than 62, the dollar limitation shall be reduced to reflect the lesser of the following calculations:
(i) Reduce the dollar limitation using the interest rate and mortality table or tabular factors, as applicable, which are set forth in the public retirement or pension system for the reduction of benefits for early retirement benefits; or (ii) Reduce the dollar limitation using 5 percent interest and the applicable mortality table; (B) For limitation years beginning before January 1, 2002, nothing in this paragraph shall reduce the applicable dollar limitation below $75,000.00 if the annual benefit begins at or after age 55; and (C) For limitation years beginning before January 1, 2002, if the annual benefit begins before age 55, nothing in this paragraph shall reduce the dollar limitation below the actuarial equivalent of the $75,000.00 limitation for age 55. (2) If a plan member is a qualified member as such term is defined under Section 415(b)(2)(G) of the federal Internal Revenue Code, he or she may retire before age 62 without a reduction in the dollar limitation if at least 15 years of service is required to receive a full benefit under the public retirement or pension system. (3) If the age at which the benefit is payable is greater than age 65, the age-adjusted dollar limitation shall be determined by increasing the dollar limitation on an actuarially equivalent basis. The increased age-adjusted dollar limitation shall be the amount computed using 5 percent interest and the applicable mortality table."
SECTION 8. Said title is further amended by adding four new Code sections to read as follows:
"47-1-83. (a) Notwithstanding anything in this Code section to the contrary, the annual benefit payable to a plan member shall not be deemed to exceed the limits of Section 415 of the federal Internal Revenue Code if the annual benefit payable to the plan member under a public retirement or pension system does not exceed $10,000.00 for the plan year or

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any prior plan year and the employer has not at any time maintained a defined contribution plan in which the plan member participated. (b) Notwithstanding anything contained in this Code section to the contrary, the adjustment prescribed by this Code section for benefits that commence before age 62 and the reduction described in this Code section for fewer than ten years of participation shall not apply to any benefit paid from a public retirement or pension system on account of a plan member's becoming disabled by reason of personal injuries or sickness or to amounts received by a designated beneficiary as a result of the plan member's death. This subsection shall be interpreted in accordance with Section 415(b)(2)(I) of the federal Internal Revenue Code and any regulations promulgated thereunder. (c) For purposes of applying the limits under Section 415(b) of the federal Internal Revenue Code, a plan member's maximum permissible amount shall be applied taking into consideration cost-of-living increases as required by Section 415(b) of the federal Internal Revenue Code and applicable Treasury Regulations. (d) In no event shall a plan member's annual benefit payable in any limitation year from a retirement or pension system be greater than the limit applicable at the annuity starting date, as increased in subsequent years pursuant to Section 415(d) of the federal Internal Revenue Code and regulations promulgated thereunder. If the form of benefit without regard to the automatic benefit increases feature is not a straight life annuity, then the preceding sentence is applied by reducing the Section 415(b) of the federal Internal Revenue Code limit applicable at the annuity starting date to an actuarially equivalent amount, to be determined by using the assumption specified in Treasury Regulation Section 1.415(b)-1(c)(2)(ii) that takes into account the death benefit under the form of benefit.
47-1-84. (a) Notwithstanding any other provision of this title to the contrary, the board of trustees of a retirement or pension system may modify a request by a plan member to make a contribution to the public retirement or pension system if the amount of the contribution would exceed the limits provided under Section 415 of the federal Internal Revenue Code by using the following methods:
(1) If the law requires a lump sum payment for the purchase of service credit, the board of trustees may establish a periodic payment plan for the plan member to avoid a contribution in excess of the limits under Section 415(c) or 415(n) of the federal Internal Revenue Code; and (2) If the payment plan pursuant to paragraph (1) of this subsection will not avoid a contribution in excess of the limits, the board of trustees may refuse the plan member's contribution. (b) For any plan member who first became a plan member in the public retirement or pension system before January 1, 1998, the limitation of Section 415(c)(1) of the federal Internal Revenue Code shall not be applied to reduce the amount of permissive

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service credit which may be purchased to an amount less than the amount which was allowed to be purchased under state law on August 5, 1997.
47-1-85. (a) The assets of a public retirement or pension system shall be held in trust, and it shall not be possible at the time prior to satisfaction of all liabilities to plan members and their beneficiaries under the public retirement or pension system for any part of said assets to be used for, or diverted to, purposes other than for the exclusive benefit of plan members and their designated beneficiaries and for paying reasonable expenses of the public retirement or pension system and trust fund. (b) The board of trustees of a public retirement or pension system shall not engage in a transaction prohibited by Section 503(b) of the federal Internal Revenue Code.
47-1-86. Any other provision of this chapter to the contrary notwithstanding, to the extent that the Board of Trustees of the Georgia Municipal Employees Benefit System created by Chapter 5 of this title has adopted a plan document or rules and regulations that are in compliance with Sections 401(a) and 414(d) and other applicable sections of the federal Internal Revenue Code, such plan document or rules and regulations shall govern such system notwithstanding any conflicting provision in this chapter; provided, however, that the provisions of Code Section 47-1-13 shall in any event apply to said system."
SECTION 9. Said title is further amended by revising paragraph (1) of Code Section 47-2-1, relating to definitions relative to the Employees' Retirement System of Georgia, as follows:
"(1) 'Accumulated contributions' means the sum of all the amounts deducted from the earnable compensation of a member and or paid by the member to establish or reestablish credit for service, which amounts are credited to his the member's individual account in the annuity savings fund, together with regular interest thereon. Beginning July 1, 1980, 'accumulated contributions' also includes the amount of employee contributions paid by the employer on behalf of the employee and credited to the employee's individual account in the annuity savings fund, together with regular interest thereon, excluding employee contributions paid by the employer or the employee for group term life insurance."
SECTION 10. Said title is further amended by revising paragraph (15) of Code Section 47-2-1, relating to definitions relative to the Employees' Retirement System of Georgia, as follows:
"(15) 'Earnable compensation' means the full rate of regular compensation payable to a member employee for his or her full normal working time, excluding any supplements from local funds. In cases where compensation includes maintenance, the board of trustees shall fix the value of that part of the compensation not paid in cash. Such term shall include contributions made to a qualified transportation plan,

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within the meaning of Section 132(f) of the federal Internal Revenue Code, and before tax or salary deferral contributions made under Sections 125, 401(k), 402(g)(3), 457, or 414(h) of the federal Internal Revenue Code to this retirement system or to any other retirement plan maintained by an employer."
SECTION 11. Said title is further amended by revising paragraph (17) of Code Section 47-2-1, relating to definitions relative to the Employees' Retirement System of Georgia, as follows:
"(17) 'Employer' means: (A) The state or any department, bureau, institution, board, or commission of the state or any county, city-county, or city board, the employees of which are under a state merit system of personnel administration, including a merit system for employees of the Department of Public Safety, and all state departments under a tenure system as established by law, provided that such county, city-county, or city board may notify the board of trustees that it will not participate in the benefits of the retirement system, such notice to be given in writing on or before the commencement date or before persons are employed by it. Any employee of a county, city-county, or city board having an existing local retirement system may elect to continue to participate in such existing local system but shall not participate in two systems, and his or her election shall be final on the commencement date under this chapter. Any county, city-county, or city employee who elects to become a member of this retirement system and who was a member of an existing local retirement system shall transfer to the board of trustees any equity he or she has in the local system. (B) Any other provisions of law to the contrary notwithstanding, the adjutant general is authorized, though not directed, to establish a merit system and to perform all of the duties and obligations of an 'employer' for all civilians employed in or with the Army National Guard of Georgia and the Air National Guard of Georgia, even though such employees may be paid with federal funds. The adjutant general is further authorized to make and enter into such agreements and take such actions as are necessary to provide for all contributions and payments specified in this chapter, from funds made available by the federal government, and otherwise to comply with this chapter so as to make this chapter applicable to such civilian employees. (C) 'Employer' shall include any new state agency described under Code Section 472-70.1 and any other entity authorized by law to report any of its employees as members of this system."
SECTION 12. Said title is further amended by revising Code Section 47-2-1, relating to definitions relative to the Employees' Retirement System of Georgia, by adding two new paragraphs to read as follows:

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"(16.6) 'Employee' shall not include an individual classified by an employer as an independent contractor or a leased employee within the meaning of Section 414(n) of the federal Internal Revenue Code, even if such individual is later reclassified by the Internal Revenue Service as a common law employee." "(28.1) 'Plan year' means the 12 month period beginning on July 1 of each year."
SECTION 13. Said title is further amended by adding a new Code section to read as follows:
"47-2-33. For purposes of complying with federal Internal Revenue Service rules and regulations, the plan year for this retirement system shall be the 12 month period beginning on July 1 of each year."
SECTION 14. Said title is further amended by revising Code Section 47-2-54, relating to employee contributions under the Employees' Retirement System of Georgia, by adding a new subsection to read as follows:
"(j) The employee contributions described in this Code section that are credited to the member's annuity savings account, although designated as employee contributions, are being paid by the employer as 'pick-up' contributions in accordance with Section 414(h) of the federal Internal Revenue Code. As such, these contributions are mandatory and no member is entitled under any circumstances to receive such contributions in cash in lieu of having them contributed to the retirement system. Such contributions shall be 100 percent vested for all purposes under the retirement system."
SECTION 15. Said title is further amended by revising subsection (a) of Code Section 47-2-70.1, relating to employees of new state agencies, as follows:
"(a) As used in this Code section, the term: (1) 'Employee' means full-time officers and employees of a new state agency; provided, however, that such term shall not mean an individual classified by an employer as an independent contractor or a leased employee within the meaning of Section 414(n) of the Internal Revenue Code, even if such individual is later reclassified by the Internal Revenue Service as a common law employee. (2) 'Employer' means a new state agency paying the compensation of an employee. (3) 'New state agency' means any department, division, board, bureau, commission, institution, or other agency of the state or any state public authority which first becomes established or active on or after July 1, 1992. (4) 'State public authority' means any public authority or public corporation created by general law to carry out state purposes or functions, and the term does not include public authorities created by general law to carry out purposes or functions within or on behalf of counties, municipalities, or other political subdivisions and which are activated by action of individual political subdivisions."

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SECTION 16. Said title is further amended by revising Code Section 47-2-92, relating to reestablishment of service credit after withdrawal of accumulated contributions from this retirement system or the Teachers Retirement System of Georgia and payments required to obtain credits, as follows:
"47-2-92. Any present member who has withdrawn accumulated contributions from either the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia, or both, may, after two years of service as a contributing member, reestablish the creditable service for which the member would have been eligible if the accumulated contributions had not been withdrawn, provided that the member repays into the retirement system an amount equal to the amount withdrawn, together with regular interest at the rate of 4 1/4 percent per annum from the date of withdrawal to the date of repayment, which contributions and interest shall be placed in the pension accumulation fund participant's individual account in the annuity savings fund. Upon receipt of notice from this retirement system to the Teachers Retirement System of Georgia that a member has repaid to this retirement system contributions previously withdrawn from the Teachers Retirement System of Georgia, the Teachers Retirement System of Georgia shall pay an employer contribution plus regular interest into the Employees' Retirement System of Georgia. The amount of the employer contribution shall be 6 percent of the reported compensation of the member during membership in the Teachers Retirement System of Georgia."
SECTION 17. Said title is further amended by revising Code Section 47-2-110, relating to retirement ages, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, as follows:
"47-2-110. (a)(1) Upon written application to the board of trustees, any member in service who has reached 60 years of age or who has 30 years of creditable service may retire on a service retirement allowance, provided that he or she has at least five years of creditable service; provided, further, that if he or she became a member after July 1, 1968, he or she has at least ten years of creditable service. The effective date of retirement shall be the first of the month in which the application is received by the board of trustees, provided that no retirement application will, in any case, be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. Separation from service pending approval of the retirement application shall not affect eligibility for a retirement allowance. The provisions of this subsection regarding the effective date of retirement shall apply to all persons making application for retirement on or after March 15, 1979, and to all persons who have made application prior to March 15, 1979, but to whom payments from the retirement system have not commenced as of that date. Each employer shall

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certify to the board of trustees the date on which the employee's employment is or will be severed and that no agreement exists to allow the employee to return to service, including service as or for an independent contractor. Any return to employment or rendering of any paid service, including service as or for an independent contractor, for any employer within two consecutive calendar months of the effective date of retirement shall render the severance invalid, nullifying the application for retirement. (2) Normal retirement age, for purposes of the retirement system, shall be the date the employee has reached 60 years of age, provided that he or she has at least ten years of creditable service or the age of an employee on the date he or she attains 30 years of creditable service; provided, however, that the provisions of this paragraph are subject to change by future legislation in order to comply with federal regulations. For those members who are in service with the Uniform Division of the Department of Public Safety as an officer, noncommissioned officer, or trooper, officers and agents of the Georgia Bureau of Investigation, conservation rangers of the Department of Natural Resources, or in the Department of Revenue as an alcohol and tobacco officer or agent, normal retirement age shall be the date the employee has reached 55 years of age, provided that he or she has at least ten years of creditable service. For purposes of Section 402(l) of the federal Internal Revenue Code regarding distributions from governmental plans for health and long-term care insurance for public safety officers, normal retirement age shall be the earliest date when the employee has satisfied the requirements for a retirement allowance under the retirement system. Except as provided under Article 2 of Chapter 1 of this title, a member's right to his or her retirement allowance is nonforfeitable upon attainment of normal retirement age. (b)(1) Effective July 1, 1983, no member of the retirement system may be required to retire because of age except the following members:
(A) Those employed as prison guards by the Department of Corrections; (B) Those employed by the Uniform Division of the Department of Public Safety as officers and troopers; (C) Those employed by the Department of Natural Resources as conservation rangers; (D) Those employed by the Department of Revenue as alcohol and tobacco officers or agents; (E) Those employed as officers or agents of the Georgia Bureau of Investigation; (F) Those employed by the Department of Transportation as enforcement officers prior to July 1, 2001; (G) Those employed by the Department of Motor Vehicle Safety as enforcement officers on or after July 1, 2001; and (H) Those employed by the State Board of Pardons and Paroles as parole officers as well as other employees of said board who possess the power of arrest. (2) Those members specified by paragraph (1) of this subsection who may be required to retire because of age shall be subject to the laws specifying retirement ages for the various classifications of such members or subject to the rules, regulations, or policies specifying retirement ages of the various state departments or

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agencies employing such members, provided such rules, regulations, or policies are in compliance with other laws of this state. Any state department or agency specified in paragraph (1) of this subsection shall be authorized to employ or continue the employment of any member, regardless of age, with professional, scientific, or technical skills who is so certified to the board of trustees by the state department or agency. (c)(1) As used in this subsection, in addition to the definition provided in Code Section 47-2-1, the term 'employer' shall also include the retired member's last employer which reported to the retirement system prior to the member's effective date of retirement. Such term shall also include the Board of Regents of the University System of Georgia. (2) Except as provided in this subsection, if a member accepts paid employment with or renders services for pay to any employer, including, without limitation, service directly or indirectly as or for an independent contractor, after his or her retirement, payment of his or her retirement allowance shall be suspended and no contributions to the retirement system shall be made on account of such service either by that member or his or her employer, provided that, upon termination of such service, all rights shall vest in that member as if he or she had continued his or her option to retire. (2)(3) The retirement allowance of a retired member who accepts employment with or renders services to any employer after his or her retirement shall not be suspended if the employee has attained normal retirement age or has not been employed by or rendered service for any employer for at least two consecutive calendar months and performs no more than 1,040 hours of paid employment or paid service, including, without limitation, service as or for an independent contractor, for the employer in any calendar year; provided, however, that no such employee so employed shall be eligible for employee health benefits other than those available to the member as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefit available to a state employee in the classified service of the State Merit System of Personnel Administration established by Chapter 20 of Title 45. (3) The retirement benefits of a retired member who retired on a normal service retirement with at least ten years of actual service as an officer or trooper of the Uniform Division of the Department of Public Safety shall not be suspended if he or she accepts full-time or part-time employment with the Department of Public Safety or the Department of Motor Vehicle Safety as a radio operator or a driver's license examiner; provided, however, that this paragraph shall cease to apply on or after July 1, 2007. No such employee so employed shall be eligible for employee health benefits other than those available to the member as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefit available to a state employee in the classified service of the State Merit System of Personnel Administration established by Chapter 20 of Title 45. No employer or employee contributions to this retirement system shall be paid for or on behalf of any such member. The salary paid to any such person shall be commensurate with the

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position for which he or she is employed with credit for no more than five years of prior experience. (4) Any employer that employs a retired plan member shall within 30 days of the employee's accepting employment notify the board of trustees in writing stating the name of the plan member and the number of hours the employee is expected to work annually and shall provide such other information as the board may request. If the retired plan member performs more than 1,040 hours in any calendar year, the employer shall so notify the board of trustees as soon as such information is available. Any employer that fails to notify the board of trustees as required by this subsection shall reimburse the retirement system for any benefits wrongfully paid. It shall be the duty of the retired plan member seeking employment by the employer to notify the employer of his or her retirement status prior to accepting such position. If a retired plan member fails to so notify the employer and the employer becomes liable to the retirement system, the plan member shall hold the employer harmless for all such liability. (d) The board of trustees is authorized to provide by rule or regulation for the payment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment is required to maintain the retirement system as a 'qualified retirement plan' for the purposes of federal income tax laws."
SECTION 18. Said title is further amended by revising subsection (d) of Code Section 47-2-120, relating to retirement allowances, as follows:
"(d) Anything in this chapter to the contrary notwithstanding, any member with whose current membership began prior to July 1, 1982, and who has at least 34 years of service shall be eligible to retire forthwith and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65 had he the member continued in service without further change in compensation."
SECTION 19. Said title is further amended by revising Code Section 47-2-122, relating to vesting of rights to a retirement allowance despite early retirement and retirement allowance payable to such persons, as follows:
"47-2-122. Except as provided in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100 percent vested and nonforfeitable at all times. The right to a service retirement allowance under this chapter shall vest in any member who withdraws from service with at least ten years of membership service subsequent to January 1, 1954, although he the member has not yet attained 60 years of age, provided that he the member has not withdrawn his the member's contributions. Such member shall become entitled to a service retirement allowance (1) upon filing an application as

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provided in Code Section 47-2-110 and (2) upon attaining the age of 60 or, at his the member's option, at any time subsequent thereto after filing such application. The retirement allowance in the case of any such member shall be the monthly amount he the member would have received had he the member retired on the last day he the member contributed to the retirement system and at that time had been the same age as when he the member actually retired. If a member with vested rights dies before reaching age 60, his the member's accumulated contributions shall be paid to his the member's named living beneficiary, otherwise to his the member's estate."
SECTION 20. Said title is further amended by revising paragraph (1) of Code Section 47-4-2, relating to definitions relative to the Public School Employees Retirement System, as follows:
"(1) 'Accumulated contributions' means an employee's contributions the sum of all of the amounts deducted from the earnable compensation of a member and paid by the member to establish or reestablish credit for service, which amounts are credited to the member's individual account in this retirement system, together with regular interest thereon."
SECTION 21. Said title is further amended by adding a new Code section to read as follows:
"47-4-30. For purposes of complying with federal Internal Revenue Service rules and regulations, the plan year for this retirement system shall be the 12 month period beginning on July 1 of each year."
SECTION 22. Said title is further amended by revising subsection (e) of Code Section 47-4-100, relating to normal, early, and delayed retirement and vesting of a right to a retirement benefit under the Public School Employees Retirement System, as follows:
"(e) The right to a retirement benefit under this chapter shall vest in a member who has ten or more years of creditable service if he the member has not withdrawn his the member's contributions. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100 percent vested and nonforfeitable at all times. A member shall be 100 percent vested in all benefits under the plan upon attainment of normal retirement age. Upon attaining his the member's normal retirement age or his the member's early retirement age, he the member shall begin receiving the appropriate retirement benefit provided by Code Section 47-4-101."
SECTION 23. Said title is further amended by adding a new Code section to read as follows:
"47-4-106. If any retired member who has not yet reached normal retirement age returns to service as a public school employee in any position which normally requires membership in

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this retirement system, such member's retirement benefit shall cease and the retired member shall reestablish active membership in this retirement system. The member shall have the same creditable service which the member possessed at the time of retirement and shall accumulate additional creditable service so long as such active membership continues. Upon cessation of such service, the retired member, after proper notification to the board, shall receive a retirement benefit based on the member's total accrued service."
SECTION 24. Said title is further amended by revising paragraph (1) of Code Section 47-6-1, relating to definitions relative to the Georgia Legislative Retirement System, as follows:
"(1) 'Accumulated contributions' means the sum of all amounts deducted from the compensation of a member and or paid by the member to establish or reestablish credit for service, which amounts are credited to his or her individual account in the system, together with regular interest thereon. Beginning on January 12, 1981, this term shall include the amount of employee contributions paid by the employer on behalf of members, together with regular interest thereon, excluding employee contributions paid by the employer for group term life insurance coverage."
SECTION 25. Said title is further amended by adding a new Code section to read as follows:
"47-6-25. For purposes of complying with federal Internal Revenue Service rules and regulations, the plan year for this retirement system shall be the 12 month period beginning on July 1 of each year."
SECTION 26. Said title is further amended by revising subsection (c) of Code Section 47-6-80, relating to eligibility and application for a retirement allowance, early retirement, amount of retirement allowance, and increases in retirement allowance, as follows:
"(c) Normal retirement age for a member with at least eight years of membership service shall be the date the member has reached 62 years of age. Normal retirement age for a member with less than eight years of membership service but with at least eight years of creditable service shall be the date the member has reached 65 years of age. Any member of the system who has completed eight or more years of membership service and who has attained age 60 may elect to retire prior to age 62, provided that in such event, his the member's retirement allowance shall be reduced by 5 percent for each year below age 62."
SECTION 27. Said title is further amended by revising Code Section 47-6-84, relating to termination of retirement allowance upon return to service and retirement benefits for retired members returning to service in the General Assembly, as follows:

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"47-6-84. (a)(1) Except as provided in paragraph (2) of this subsection, if any retired member who has not yet reached normal retirement age returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, except as a member of the General Assembly, his the member's retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive the same retirement allowance which he the member was receiving prior to returning to state service. (2) Notwithstanding any other provisions in this chapter to the contrary, the retirement allowance of a retired member who has reached normal retirement age or has not been employed by or rendered service for the state and who returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, other than as a member of the General Assembly shall not cease provided that such member performs no more than 1,040 hours of such service in any calendar year; provided, however, that no such retired member shall be eligible for employee health benefits other than those available to the member as a part of his retirement benefits or for any annual leave, any sick leave, or any other employee benefits available to a state employee in the classified service of the State Merit System of Personnel Administration. (b)(1) If a retired member returns to service as a member of the General Assembly after the member has reached normal retirement age, the retired member may either continue to receive a retirement benefit while serving as a member of the General Assembly or reestablish active membership in the retirement system. If the election is to reestablish active membership in the retirement system, the member shall have the same creditable service which the member possessed at the time of retirement and shall accumulate additional creditable service as so long as such active membership continues. Except as otherwise provided by paragraph (2) of this subsection, a retired member who returns to service in the General Assembly shall make the election provided for in this paragraph within 30 days after taking office. Such election shall be made in writing to the board of trustees and shall be irrevocable. If a retired member returns to service as a member of the General Assembly before the member has reached normal retirement age, the retired member shall reestablish active membership in the retirement system. The member shall have the same creditable service which the member possessed at the time of retirement and shall accumulate additional creditable service so long as such active membership continues. (2) A retired member who returned to service in the General Assembly prior to the existence of the option to reestablish active membership in the retirement system shall have the right to make the election provided for in paragraph (1) of this subsection at any time prior to January 1, 1991. In addition to creditable service provided for in paragraph (1) of this subsection, any such retired member who elects to reestablish active membership in the retirement system may obtain creditable service for service in the General Assembly rendered from the time of returning to service in the General

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Assembly until the date of reestablishing active membership in the retirement system. In order to obtain such creditable service, the member shall pay to the board of trustees the employee contributions which would have been paid to the retirement system during the period for which such creditable service is claimed, plus regular interest thereon compounded annually from the time the service in the General Assembly was rendered until the date of payment."
SECTION 28. Said title is further amended by revising Code Section 47-6-85, relating to refund of accumulated contributions upon termination of membership, as follows:
"47-6-85. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100 percent vested and nonforfeitable at all times. Upon the request of a member who ceases to be a member of the system for reasons other than retirement or death, he the member shall be paid his the member's accumulated contributions as soon as feasible after such request. If he the member dies before payment has been made, the amount of his the member's accumulated contributions shall be paid to such person as he the member has nominated by written designation filed with the board, otherwise to his the member's estate."
SECTION 29. Said title is further amended by revising Code Section 47-22-1, relating to definitions relative to the Georgia Deferred Contribution Plan, by adding new paragraph to read as follows:
"(8) 'Plan year' means the 12 month period beginning July 1 of each year."
SECTION 30. Said title is further amended by revising Code Section 47-22-9, relating to payment of lump sum on termination of employment and continued accrual of earnings absent request for lump sum payment, as follows:
"47-22-9. (a) Upon the written request of a member who ceases to be an employee, a lump sum amount shall be paid to such person equal to the total amount credited to such member's account at the time the member ceases to be an employee. If such member dies before payment has been made, such payment shall be made to such person as the member has nominated, by written designation filed with the board; otherwise to the member's estate. If no such request is made, the member's account shall continue to accrue earnings in the same manner as any member's account; provided, however, that. (b) Notwithstanding the provisions of subsection (a) of this Code section, if any member who ceases to be an employee has less than such minimum amount as determined by the board, but not more than $5,000.00, credited to such member's account, the board may, at its option, require such member to withdraw all such moneys and the member's account shall be closed; provided, however, that the board's option to

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require withdrawal of small account balances shall be applied in a consistent manner; provided, further, that if the board provides for mandatory distributions of account balances greater than $1,000.00 and if a member does not elect to have such distribution paid directly to an eligible retirement plan specified by the member in a direct rollover or to receive the distribution directly, the plan shall pay the distribution in a direct rollover to an individual retirement plan designated by the board in accordance with Section 401(a)(31)(B) of the federal Internal Revenue Code. (c) Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's account balance in the plan shall at all times be 100 percent vested and nonforfeitable."
SECTION 31. Said title is further amended by revising Code Section 47-23-1, relating to definitions relative to the Georgia Judicial Retirement System, as follows:
"47-23-1. As used in this chapter, the term:
(1) 'Accumulated contributions' means the sum of all amounts deducted from the earnable compensation of a member or paid by the member to establish or reestablish credit for service, which amounts are credited to his or her individual account together with regular interest thereon. Such term shall also include the amount of employee contributions paid by the employer on behalf of members, together with regular interest thereon, excluding employee contributions paid by the employer or the employee for group term life insurance coverage. (1)(2) 'Average earnable monthly compensation' means the average earnable monthly compensation of a member during the 24 consecutive months of creditable service producing the highest such average. (2)(3) 'Beneficiary' means any person other than a retired member of a retirement system who is receiving a benefit from that retirement system. (3)(4) 'Board' means the Board of Trustees of the Georgia Judicial Retirement System. (4)(5) 'County pension or retirement fund' means only those certain pension and retirement funds provided for by local Acts applicable to certain named counties. (5)(6) 'Covered position' means an employment position eligible for membership under this chapter. (6)(7) 'Creditable service' means prior service and membership service for which credit is allowable under this chapter, but in no case shall more than one year of service be creditable for all service in one calendar year, nor shall it include any service which has been or may be credited to a member by any other public retirement system of this state. (7)(8) 'District attorney' means any district attorney holding office on July 1, 1998, and any district attorney taking office on or after July 1, 1998, except that the term district attorney shall not include any district attorney:
(A) Who was serving as a district attorney on June 30, 1998, and who was not a member of the District Attorneys' Retirement System; or

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(B) Who is a member of any other publicly supported retirement or pension system or fund created by any law of this state, if the retirement or pension benefits under such other publicly supported retirement or pension system or fund are based wholly or partially on the compensation payable to the district attorney from state funds. (8)(9) 'District Attorneys' Retirement System' means that retirement system created by Chapter 13 of this title as such chapter existed prior to July 1, 1998. (9)(10) 'Earnable monthly compensation' means the full rate of regular monthly compensation payable to a member employee for his or her full working time, excluding any local supplements. (10)(11) 'Fund' means the Georgia Judicial Retirement System Fund provided for by Code Section 47-23-22. The fund shall include, but is not limited to, a pension accumulation fund in which the benefits described in Article 6 of this chapter will be held and an employee contribution accumulation fund in which the contributions described in Article 5 of this chapter will be held. (11)(12) 'Judge, solicitor, or solicitor-general of a state court' means a person elected or appointed to such office for a specific term. Such term shall not include any person acting as a judge or solicitor of a state court on a temporary basis or serving as judge or solicitor-general pro tempore of a state court. (12)(13) 'Juvenile court judge' means a juvenile court judge now or hereafter appointed or otherwise holding office pursuant to Code Section 15-11-18 relative to the creation of juvenile courts, except judges of the superior courts sitting as juvenile court judges and juvenile court judges who are members of local retirement or pension systems created by local law. (13)(14) 'Predecessor retirement system' means the District Attorneys' Retirement System, the Superior Court Judges Retirement System, and the Trial Judges and Solicitors Retirement Fund, collectively or individually. (14)(15) 'Regular interest' means interest at such rate as shall be determined by the board of trustees, which interest shall be compounded annually. (15)(16) 'Retirement system' means the Georgia Judicial Retirement System. (16)(17) 'State court' means any court created pursuant to the provisions of Chapter 7 of Title 15 or any court continued as a state court by Article VI, Section X of the Constitution of the State of Georgia; provided, however, that such term shall include the State Court of Fulton County subject to the provisions of Code Section 47-23-50. (17)(18) 'Superior Court Judges Retirement System' means that retirement system created by Chapter 9 of this title as such chapter existed prior to July 1, 1998. (18)(19) 'Trial Judges and Solicitors Retirement Fund' means that retirement fund created by Chapter 10 of this title as such chapter existed prior to July 1, 1998."
SECTION 32. Said title is further amended by adding a new Code section to read as follows:
"47-23-30.

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For purposes of complying with federal Internal Revenue Service rules and regulations, the plan year for this retirement system shall be the 12 month period beginning on July 1 of each year."
SECTION 33. Said title is further amended by revising Code Section 47-23-102, relating to vesting and benefits upon retirement, as follows:
"47-23-102. The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's accumulated contributions shall be 100 percent vested and nonforfeitable at all times. Any member retiring on or after July 1, 1996, and any member who was retired on July 1, 1996, with 16 years or more of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each year of creditable service over 16 years, of the member's salary; provided, however, that no member shall receive more than 24 years of creditable service. Any member retiring with less than 16 years of creditable service may retire at a reduced benefit pursuant to Code Section 47-23-103. Normal retirement age under this retirement system shall be the date the member has reached age 60 years of age, provided that he or she has at least ten years of creditable service. For purposes of Section 402(1) of the federal Internal Revenue Code regarding distributions from governmental plans for health and long-term care insurance for public safety officers, normal retirement age shall be the earliest date when the member has satisfied the requirements for a retirement under this or the predecessor retirement system. Except as otherwise provided in Article 2 of Chapter 1 of this title, a member's right to his or her retirement allowance is nonforfeitable upon attainment of normal retirement age. Any member who was retired on July 1, 1996, with more than 16 years of creditable service shall receive in July, 1998, a one-time benefit payment equal to two times the product of 1 percent of the salary paid to such judge at the time of his or her retirement multiplied by the number of years of creditable service in excess of 16 years."
SECTION 34. Said title is further amended by revising Code Section 47-23-109, relating to cessation of retirement allowance for resuming state service, as follows:
"47-23-109. (a) Except as provided in subsection (b) of this Code section, if any retired member who has not yet reached normal retirement age returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, except as a member of the General Assembly, his or her retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive the same retirement allowance which

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he or she was receiving prior to returning to state service, calculated with any increases granted during the period of compensation. (b) The retirement allowance of a retired member who has reached normal retirement age and who returns to the service of the state in any position, including, without limitation, service directly or indirectly as or for an independent contractor, other than as a member of the General Assembly shall not cease provided that such member performs no more than 1,040 hours of such service in any calendar year; provided, however, that no such retired member shall be eligible for employee health benefits other than those available to the member as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefits available to a state employee in the classified service of the State Merit System of Personnel Administration."

SECTION 35. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 36. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Allison E Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler

Y Crawford Davis, H
Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton

Y Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver E O'Neal
Parham Y Parrish

Y Rynders Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor

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565

Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keown E Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G
Mangham

Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 0.

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

HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th, Reece of the 11th and Dawkins-Haigler of the 93rd:

A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; 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 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for continued attendance at such school; 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.

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Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-295. (a) Beginning in school year 2010-2011, the parent or guardian of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system in which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent or guardian shall assume the responsibility and cost of transportation of the student to and from the school. (b) No later than July 1, 2010, each local school system shall establish a universal, streamlined process available to all students to implement the transfer requirements of subsection (a) of this Code section. (c) A student who transfers to another school pursuant to this Code section may, at his or her election, continue to attend such school until the student completes all grades of the school. (d) This Code section shall not be construed to affect any student currently attending a school other than the school to which the student has been assigned by the local board of education pursuant to a transfer authorized under the federal No Child Left Behind Act (P.L. 107-110)."

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 Allison E Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Brooks

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley E Drenner Y Dukes Y Ehrhart N England Y Epps, C N Epps, J

N Heckstall Y Hembree Y Henson Y Hill, C E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C

Y Manning Y Marin Y Martin N Maxwell Y May Y Mayo N McCall Y McKillip N Meadows Y Millar Y Mills E Mitchell
Morgan Y Morris Y Mosby Y Murphy

Y Rynders Y Scott, A Y Scott, M Y Sellier E Setzler N Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V

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567

E Bruce Y Bryant Y Buckner Y Burkhalter N Burns N 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, D Y Collins, T Y Cooper Y Cox

Y Everson Y Floyd Y Fludd Y Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown E Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G
Mangham

Y Neal Y Nix
Oliver E O'Neal
Parham Y Parrish N Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett N Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers

Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N 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 139, nays 23.

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

Representative Coan of the 101st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Morgan of the 39th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Powell of the 29th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 108. By Representatives Bryant of the 160th, Stephens of the 161st, Stephens of the 164th, Carter of the 159th, Gordon of the 162nd and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50, relating to other state symbols, so as to provide that the Ralph Mark Gilbert Civil Rights Museum shall be the official state civil rights museum; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Article 3 of Chapter 3 of Title 50, relating to other state symbols, so as to provide that the Ralph Mark Gilbert Civil Rights Museum shall be the official state historical civil rights museum; to repeal conflicting laws; and for other purposes.
SECTION 1. WHEREAS, Savannah has a long and storied role in the civil rights movement, beginning with a meeting between General Sherman and Secretary of War Stanton and twelve Black leaders on January 12, 1865, to discuss the matter of emancipation; and
WHEREAS, the Ralph Mark Gilbert Civil Rights Museum, recently named "Georgia's Best New History Museum" by the Georgia Journal, is named in honor of the late Dr. Ralph Mark Gilbert. The father of Savannah's modern day Civil Rights Movement and fearless National Association for the Advancement of Colored People (NAACP) leader was known for much more than his outspoken campaigns for civil rights. He was a nationally known orator, pulpiteer, and playwright, producing religious dramas, known as passion plays, throughout the country; and
WHEREAS, Dr. Gilbert served as pastor of historic First African Baptist Church on Franklin Square in Savannah for 16 years. In 1942, he reorganized the Savannah Branch NAACP, served as president for eight years and convened the first state conference. Branches from Savannah, Brunswick, Dublin, Atlanta, Columbus, Macon, Albany and three other branches whose identities are uncertain, attended and elected Rev. Ralph Mark Gilbert president. Under his courageous leadership, more than forty NAACP branches were organized in Georgia by 1950; and
WHEREAS, Georgia's best new history museum chronicles the civil rights struggle of Georgia's oldest African American community from slavery to the present. Three floors of handsome photographic and interactive exhibits, includes an NAACP Organization exhibit, a fiber optic map of 87 significant civil rights sites/events, a lunch counter where "sit ins" occurred, segregation exhibits, and video presentation are all part of the continuous education of the public on the history of the civil rights struggle in Savannah and Georgia. The museum is located in historic Savannah in a five level building that was erected in 1914 as the Wage Earners Savings and Loan Bank for Black Savannahians, the largest Black bank in the country at that time.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 2. Article 3 of Chapter 3 of Title 50, relating to other state symbols, is amended by adding a new Code section to read as follows:

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569

"50-3-85. The Ralph Mark Gilbert Civil Rights Museum is designated the official Georgia historical civil rights museum."

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 Allison E Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague N Benfield Y Benton Y Black
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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey
Dickson Y Dobbs Y Dollar N Dooley E Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Fludd Y Franklin Y Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree N Henson Y Hill, C E Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G N Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills E Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver E O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton N Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M E Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 147, nays 11.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Kaiser of the 59th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.
Representative Mangham of the 94th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 108.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 371. By Representatives Glanton of the 76th and Baker of the 78th:
A RESOLUTION recognizing and commending the Clayton County Water Authority and inviting them to appear before the House of Representatives; and for other purposes.
HR 372. By Representative Hanner of the 148th:
A RESOLUTION congratulating the Terrell Academy football team on winning the 2008 GISA Class A State Championship and inviting the team to appear before the House of Representatives; and for other purposes.
HR 373. By Representatives Williams of the 165th, Bryant of the 160th, Barnard of the 166th, Yates of the 73rd, Stephens of the 164th and others:
A RESOLUTION commending Major General Tony Cucolo 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 374. By Representative Brooks of the 63rd:
A RESOLUTION recognizing September 21 through 25, 2009, as Anger Management Awareness Week at the Capitol; and for other purposes.
HR 375. By Representatives Benfield of the 85th, Stephenson of the 92nd and Henson of the 87th:
A RESOLUTION recognizing and commending Prophet Raymone Poole, Sr.; and for other purposes.

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HR 376. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Sara Walton; and for other purposes.
HR 377. By Representatives Cox of the 102nd, Everson of the 106th, Thomas of the 100th, Rice of the 51st, Floyd of the 99th and others:
A RESOLUTION recognizing Wednesday, February 25, 2009, as Gwinnett County Day at the state capitol; and for other purposes.
HR 378. By Representative Harden of the 28th:
A RESOLUTION commending Jared Michael Hambrick; and for other purposes.
HR 379. By Representative Harden of the 28th:
A RESOLUTION commending William Wheeler; and for other purposes.
HR 380. By Representative Harden of the 28th:
A RESOLUTION commending Richard Michael Poole; and for other purposes.
HR 381. By Representative Harden of the 28th:
A RESOLUTION commending Alyssa Kristen Elrod; and for other purposes.
HR 382. By Representative Harden of the 28th:
A RESOLUTION commending Lauren Townsend; and for other purposes.
HR 383. By Representative Harden of the 28th:
A RESOLUTION commending James Patrick Keane; and for other purposes.
HR 384. By Representative Harden of the 28th:
A RESOLUTION commending Kelli Allison Colwell; and for other purposes.

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HR 385. By Representative Harden of the 28th:
A RESOLUTION commending Hannah Leigh Coleman; and for other purposes.
HR 386. By Representative Harden of the 28th:
A RESOLUTION commending Emily Kathryn Escoe; and for other purposes.
HR 387. By Representative Harden of the 28th:
A RESOLUTION commending Allyn Francis Griffith; and for other purposes.
HR 388. By Representative Harden of the 28th:
A RESOLUTION commending Will Jeffery Crunkleton; and for other purposes.
HR 389. By Representative Harden of the 28th:
A RESOLUTION commending Justin Tyler Bailey; and for other purposes.
HR 390. By Representative Harden of the 28th:
A RESOLUTION commending Sydney Denis Clouatre; and for other purposes.
HR 391. By Representative Harden of the 28th:
A RESOLUTION commending Maria Isabel Zhuno; and for other purposes.
HR 392. By Representative Harden of the 28th:
A RESOLUTION commending Jonathan James Russell; and for other purposes.
HR 393. By Representative Harden of the 28th:
A RESOLUTION commending Jimmy Casey Brawner; and for other purposes.

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573

HR 394. By Representative Harden of the 28th:
A RESOLUTION commending Hayley Adele Spencer; and for other purposes.
HR 395. By Representative Harden of the 28th:
A RESOLUTION commending Nicholas Wayne Shurtz; and for other purposes.
HR 396. By Representative Harden of the 28th:
A RESOLUTION commending Dillon Charles Long; and for other purposes.
HR 397. By Representative Harden of the 28th:
A RESOLUTION commending Amy Kristin Pressley; and for other purposes.
HR 398. By Representative Harden of the 28th:
A RESOLUTION commending Megan Nicole Ivester; and for other purposes.
HR 399. By Representative Harden of the 28th:
A RESOLUTION commending Ashley Danielle Simpson; and for other purposes.
HR 400. By Representative Harden of the 28th:
A RESOLUTION commending Kelli Lynn Helgeland; and for other purposes.
HR 401. By Representative Harden of the 28th:
A RESOLUTION commending Kendall Hunter Norman; and for other purposes.
HR 402. By Representative Harden of the 28th:
A RESOLUTION commending Abigail Ann Taylor; and for other purposes.

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HR 403.

By Representative Harden of the 28th:
A RESOLUTION commending Amanda Marie Adams; and for other purposes.

HR 404.

By Representative Harden of the 28th:
A RESOLUTION commending Sarah Marie Lambert; and for other purposes.

HR 405.

By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Christina Blythe Lightner of Georgia Southwestern State University on Academic Recognition Day for 2009; and for other purposes.

HR 406.

By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Robert A. Morgan of Georgia Southern University on Academic Recognition Day for 2009; and for other purposes.

HR 407.

By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Mark Rhoads of Savannah State University on Academic Recognition Day for 2009; and for other purposes.

HR 408.

By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar William N. Maxwell of North Georgia College & State University on Academic Recognition Day for 2009; and for other purposes.

HR 409.

By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Russell A. Bullock of South Georgia College on Academic Recognition Day for 2009; and for other purposes.

HR 410.

By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jonathan R. Pettingill of Southern Polytechnic State University on Academic Recognition Day for 2009; and for other purposes.

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575

HR 411. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar John "William" Schleifer of Medical College of Georgia on Academic Recognition Day for 2009; and for other purposes.
HR 412. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Candice Charles Broome of Middle Georgia College on Academic Recognition Day for 2009; and for other purposes.
HR 413. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Destiny LeAnn Murray of the University of West Georgia on Academic Recognition Day for 2009; and for other purposes.
HR 414. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Christina Lynn Faust of the University of Georgia on Academic Recognition Day for 2009; and for other purposes.
HR 415. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar John Darden of Atlanta Metropolitan College on Academic Recognition Day for 2009; and for other purposes.
HR 416. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Anthony K. Jones of Bainbridge College on Academic Recognition Day for 2009; and for other purposes.
HR 417. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Ashley Elam of Armstrong Atlantic State University on Academic Recognition Day for 2009; and for other purposes.

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HR 418. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Samika T. Harp of Albany State University on Academic Recognition Day for 2009; and for other purposes.
HR 419. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Hector Olguin of Abraham Baldwin Agricultural College on Academic Recognition Day for 2009; and for other purposes.
HR 420. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Christopher D. Goss of Augusta State University on Academic Recognition Day for 2009; and for other purposes.
HR 421. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Robyn B. Crawford of Waycross College on Academic Recognition Day for 2009; and for other purposes.
HR 422. By Representative Hembree of the 67th:
A RESOLUTION recognizing and commending Mr. William Terrell "Terry" Baggett; and for other purposes.
HR 423. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Marisa K. Acree of Georgia Institute of Technology on Academic Recognition Day for 2009; and for other purposes.
HR 424. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Victoria White of Georgia Perimeter College on Academic Recognition Day for 2009; and for other purposes.

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577

HR 425. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Amanda Nicole Newton of Kennesaw State University on Academic Recognition Day for 2009; and for other purposes.
HR 426. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kyle Collins of Macon State College on Academic Recognition Day for 2009; and for other purposes.
HR 427. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Brett M. Rogers of Valdosta State University on Academic Recognition Day for 2009; and for other purposes.
HR 428. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Lauren Elizabeth Lundin of Georgia College & State University on Academic Recognition Day for 2009; and for other purposes.
HR 429. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Gabrielle A. Edwards of Fort Valley State University on Academic Recognition Day for 2009; and for other purposes.
HR 430. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar David S. Owens of Columbus State University on Academic Recognition Day for 2009; and for other purposes.
HR 431. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Annaleise Autry of Dalton State College on Academic Recognition Day for 2009; and for other purposes.

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HR 432. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Angela Charlene Graham of Georgia Highlands College on Academic Recognition Day for 2009; and for other purposes.
HR 433. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Juan A. Llanes of Gainesville State College on Academic Recognition Day for 2009; and for other purposes.
HR 434. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Rita C. Nagawa of College of Coastal Georgia on Academic Recognition Day for 2009; and for other purposes.
HR 435. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Laurissa Joy Wolfram of Clayton State University on Academic Recognition Day for 2009; and for other purposes.
HR 436. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Drew Austin Johnson of Darton College on Academic Recognition Day for 2009; and for other purposes.
HR 437. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Ryan M. McDonald of East Georgia College on Academic Recognition Day for 2009; and for other purposes.
HR 438. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Kenneth Lee Vaughn of Gordon College on Academic Recognition Day for 2009; and for other purposes.

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579

HR 439. By Representative Hembree of the 67th:
A RESOLUTION commending University System of Georgia Outstanding Scholar Jacqueline S. Bufkin of Georgia State University on Academic Recognition Day for 2009; and for other purposes.
The following communication was received:
Speaker's Order No. 09-2
Pursuant to the provisions of Rule 11 and 12 of the Rules, Ethics, and Decorum of the House of Representatives, the following appointments and re-appointments are approved and ordered:
1. The appointment of Lee Thompson to the Judiciary Non-Civil Committee.
It is further ORDERED that the Committee on Assignments is hereby empowered to review and revise its initial report on assignments of 2009-2010 House Committees, offices, and members dated January 14, 2009.
So ORDERED, by my hand, this 18th day of February, 2009, at 9:00 A.M.
/s/ Glenn Richardson Glenn Richardson, Speaker
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, February 24th, 2009, 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 24th, 2009.

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Representative Hall, Atlanta, Georgia

Tuesday, February 24, 2009

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 Abrams Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden
E Beasley-Teague Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coleman Collins, D Collins, T Cooper

Cox Crawford Davis, H Dawkins-Haigler Day Dempsey Dickson Dobbs Dooley Drenner E Dukes Ehrhart England Epps, J Everson Fludd Franklin Frazier Fullerton Geisinger Glanton Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Heard Heckstall

Hembree E Henson
Hill, C E Hill, C.A
Holt Howard Hugley Jackson Jacobs James Jerguson Johnson, C Johnson, T Jones, J Jones, S Kaiser Keen Keown E Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk E Lucas Lunsford Maddox, B Maddox, G

Mangham Marin Martin Maxwell May Mayo McCall McKillip Mills Mitchell Morgan Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Peake Porter Powell, J E Ralston Ramsey Randall Reece Reese Rice Roberts

Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon E Shipp Sims, B Sims, C Smith, B Smith, L Smith, R E Smith, T Smith, V Smyre Stephens, R Stephenson Taylor E Teilhet Thomas Thompson 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 Abdul-Salaam of the 74th, Coan of the 101st, Cole of the 125th, Davis of the 109th, Dollar of the 45th, Gardner of the 57th, Golick of the 34th, Hatfield of the 177th, Horne of the 71st, Houston of the 170th, Hudson of the 124th, Jordan of the 77th, Manning of the 32nd, Meadows of the 5th, Millar of the 79th, Parsons of the 42nd, Powell of the 29th, Pruett of the 144th, Sinkfield of the 60th, Stephens of the 161st, Talton of the 145th, Walker of the 107th, Weldon of the 3rd, Williams of the 165th, and Wix of the 33rd.

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581

They wish to be recorded as present.
Prayer was offered by Pastor Lindsey P. Napier, Warner Robins CME Church, Warner Robins.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 30. By Representative Jacobs of the 80th:
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 a short title; to provide for the requirements for the creation and funding of such townships; to provide for township councils for such townships; to provide for powers, duties, and functions of such township councils; to provide for officers, meetings, elections, and filling of vacancies for such township councils; to provide for certain immunities; to provide for the

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enactment of ordinances; to prohibit certain conflicts of interest; to provide for an audit; to provide for a transition of services; 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 Judiciary.
HB 37. By Representatives Bruce of the 64th, Kaiser of the 59th, Ashe of the 56th, Lunsford of the 110th, Mosby of the 90th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to labor and industrial relations, so as to enact the "Parent Protection Act"; to provide for a remedy; to amend Article 1 of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, 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 Official Code of Georgia Annotated, 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 514. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; 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 515. By Representatives Ashe of the 56th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to municipal corporations, so as to create a special district in all municipal corporations which employ in excess of 1,500 police officers and firefighters combined; to

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impose and levy a special district tax within such districts for the purpose of providing all or a portion of the salaries for police officers and firefighters; to provide for a referendum; to provide for adjustment of such tax rate; 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 516. By Representatives Roberts of the 154th, England of the 108th, Burns of the 157th, Willard of the 49th, Sims of the 119th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized buildings shall be deemed to comply with local ordinances and resolutions without regard to whether the building was constructed on site or in a factory; to provide for the automatic approval for building or occupancy permits for residential industrialized buildings in residential subdivisions that meet all other criteria except for being an industrialized building or being built off site; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 517. By Representatives Lindsey of the 54th, Wilkinson of the 52nd and Geisinger of the 48th:
A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, related to revenue and taxation, so as to provide for the comprehensive revision of the manner and method of assessing real property; to limit valuation increases of real property; to provide for procedures, conditions, and limitations; to provide for applicability to certain types of real property; to provide for the manner and method of increasing or removing mill limitations regarding school systems and municipalities; to provide for optional discontinuation procedures; to provide for related matters; to provide for effective dates and contingencies; to provide for automatic repeal of certain provisions under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.

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HB 518. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Geneva in Talbot County, Georgia, approved April 10, 1998 (Ga. L. 1998, p. 4413), so as to designate the center of the town and define the corporate city limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 519. By Representatives Fludd of the 66th, Mosby of the 90th, Abrams of the 84th and Buckner of the 130th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for qualified water efficient product expenses and qualified energy efficient product expenses, or both; 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 520. By Representatives Fludd of the 66th, Mosby of the 90th and Abrams of the 84th:
A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for partial ad valorem exemption on certain motor vehicles owned by certain disabled veterans; to provide that the percentage of such exemption shall be the same as the percentage of disability; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 521. By Representatives Beasley-Teague of the 65th, Brooks of the 63rd, Stephenson of the 92nd, Taylor of the 55th and Lucas of the 139th:

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585

A BILL to be entitled an Act to amend Code Section 31-12-6 of the Official Code of Georgia Annotated, relating to a system for prevention of serious illness, severe physical or developmental disability, and death resulting from inherited metabolic and genetic disorders, so as to add certain genetic conditions to the list of genetic conditions for which the Department of Community Health has created a system of prevention; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 522. By Representatives Maddox of the 127th, Abrams of the 84th, Day of the 163rd, Byrd of the 20th, Lindsey of the 54th and others:
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 change certain provisions relating to the investigation of an applicant's good moral character when applying for appointment or certification as a peace officer; to provide immunities relating thereto; 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 523. By Representatives Lunsford of the 110th, Cooper of the 41st, Harbin of the 118th, Randall of the 138th, Jerguson of the 22nd and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to provide that a brand necessary indication applies to refills; 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 524. By Representatives Mayo of the 91st, Willard of the 49th, Millar of the 79th, Hugley of the 133rd and Stephenson of the 92nd:
A BILL to be entitled an Act to amend Code Section 20-2-690.1 of the Official Code of Georgia Annotated, related to mandatory education for children between ages six and 16, so as to modify certain provisions related to compulsory attendance; to provide for the duties and responsibilities of

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parents and legal guardians of children subject to compulsory attendance; to provide for the reporting of truancy violations by school officials; 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 525. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to change certain provisions relating to safety belts; 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 526. By Representative Hembree of the 67th:
A BILL to be entitled an Act to amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Registered Professional Nurse Practice Act," so as to require the Board of Nursing to provide periodic reports to the General Assembly regarding the state of higher education for nursing with recommendations for the expansion and improvement of nursing education opportunities in the State of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 527. By Representatives Lunsford of the 110th, Levitas of the 82nd, Channell of the 116th and Benfield of the 85th:
A BILL to be entitled an Act to amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, so as to authorize procedures relative to asbestos pipe; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 528. By Representatives McCall of the 30th and England of the 108th:
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

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587

transactions, so as to require developers to provide audits to homeowners in certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th and Anderson of the 117th:
A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 530. By Representatives Geisinger of the 48th, Benfield of the 85th, Wilkinson of the 52nd and Chambers of the 81st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, and Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to regulate mediumspeed vehicles; to provide for definitions; to change certain provisions relating to the requirement of compliance with federal safety standards; to provide special provisions for medium-speed vehicles; to provide equipment requirements for medium-speed vehicles; 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 531. By Representatives Long of the 61st, Davis of the 109th, Dollar of the 45th, Talton of the 145th, Dawkins-Haigler of the 93rd and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 12 of the O.C.G.A., relating to air quality, so as to provide collective emissions limitations for facilities emitting pentachlorophenol near primary and secondary schools; to provide for legislative findings; to provide for penalties for noncompliance with such emissions limitations; to provide a definition of the term "pentachlorophenal"; to provide for powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to provide for conditions for permits; to provide for the effect of noncompliance with regard to permits; to provide for rules and

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regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 532. By Representative Jacobs of the 80th:
A BILL to be entitled an Act to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to inadmissibility of evidence obtained by speed detection devices in certain areas, so as to remove the restriction on use of speed detection devices on a highway which has a grade in excess of 7 percent; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.
HB 533. By Representatives Mills of the 25th, Day of the 163rd, Williams of the 4th, Talton of the 145th, Everson of the 106th and others:
A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for certain drivers' licenses, so as to provide that such examinations shall be administered only in the English language; to provide for an exception; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 8. By Representative Jacobs of the 80th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for townships for the limited purposes of exercising the power of zoning and the regulation of land use development within the boundaries of such townships and provide for the funding and operation of such townships; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary.
HR 368. By Representatives Chambers of the 81st, Keen of the 179th and Geisinger of the 48th:
A RESOLUTION urging the Metropolitan Atlanta Rapid Transit Authority (MARTA) to exercise its authority to combine with the Georgia Regional

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589

Transportation Authority in order to expedite the delivery of transportation solutions to the people of the State of Georgia; and for other purposes.

Referred to the Committee on Transportation.

HR 369. By Representatives Ashe of the 56th and Kaiser of the 59th:

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.

HR 370. By Representatives Day of the 163rd and Stephens of the 164th:

A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for the creation and funding of the Georgia Trauma Care Trust Fund; to provide that the General Assembly may provide by law for the dedication and deposit of revenues raised from specified sources for the purpose of funding the Georgia Trauma Care Trust Fund; to provide that such funds shall not lapse; 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 and Senate were read the second time:

HB 40 HB 42 HB 489 HB 490 HB 491 HB 492 HB 493 HB 494 HB 495 HB 496

HB 509 HB 510 HB 511 HB 512 HB 513 HR 335 HR 336 HR 337 HR 338 HR 339

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HB 497 HB 501 HB 502 HB 503 HB 504 HB 505 HB 506 HB 507 HB 508

HR 340 HR 341 SB 26 SB 55 SB 66 SB 72 SB 80 SB 110 SB 111

Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:

Mr. Speaker:

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

HB 327 Do Pass, by Substitute

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

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

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 193 Do Pass HB 280 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Parsons of the 42nd District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:

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591

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 31 Do Pass

Respectfully submitted, /s/ Parsons of the 42nd
Chairman

Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 45 HB 86 HB 209

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

HB 406 Do Pass, by Substitute HR 12 Do Pass

Respectfully submitted, /s/ Scott of the 153rd
Chairman

Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

Your Committee on Health and Human Services has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 184 HB 300 HR 316

Do Pass, by Substitute Do Pass Do Pass

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Respectfully submitted, /s/ Cooper of the 41st
Chairman

Representative Golick of the 34th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary Non-Civil has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 147 Do Pass, by Substitute HB 303 Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 34th
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 73 Do Pass, by Substitute HB 189 Do Pass, by Substitute

HB 200 Do Pass, by Substitute HB 308 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:

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593

HB 23 HB 57 HB 207

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

HB 396 Do Pass, by Substitute HB 404 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:

HR 18 HR 284 HR 373

Do Pass Do Pass 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 277 Do Pass, by Substitute HR 206 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 24, 2009

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enumerated below:

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UNCONTESTED HOUSE/SENATE RESOLUTIONS

HR 259

President of the United States; continue the uninterrupted production of F22 Raptor; request (D&VA-Smyre-132nd)

DEBATE CALENDAR

Open Rule

HB 64 HB 156 HB 167 HB 172 HB 216 HB 283 HB 331 HB 343

Death certificate filings; cause and circumstances of death; provisions (Substitute)(H&HS-Sims-169th) Magistrate judges; performing military duty; eligible for reelection; provisions (D&VA-Harbin-118th) Cherokee County State Court; additional judge; provide (Judy-Jerguson22nd) Employees' Retirement System of Georgia; disability benefits; provisions (Substitute)(Ret-Maxwell-17th) Cordele Judicial Circuit; superior court; change certain terms (JudyHarden-147th) Supreme Court and Court of Appeals; filing fees; change certain provisions (Substitute)(Judy-Martin-47th) Supreme Court and Court of Appeals; filing fees; change certain provisions (Judy-Martin-47th) Public Safety, Department of; civilian weight inspectors for motor carriers; create (Substitute)(PS&HS-Collins-27th)

Modified Open Rule

None

Modified Structured Rule

HB 100

Education; student scholarship organizations; provisions (Substitute)(W&M-Ehrhart-36th)

Structured Rule

HB 120

Sales and use tax exemption; certain school supplies; energy efficient products; provide (Substitute)(W&M-Smith-70th)

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

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595

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 42. By Senators Smith of the 52nd, Wiles of the 37th, Hill of the 4th, Hamrick of the 30th and Hill of the 32nd:
A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, the "Georgia Indigent Defense Act of 2003," so as to extensively revise said Act; to reconstitute the Georgia Public Standards Council with new membership; to change the powers and duties of the council and provide that it shall be an advisory body; to provide for the Georgia Public Standards Agency as an agency of the state; to provide for its director and the powers and duties and operations of the agency and the director; to provide for other related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 100. By Senators Smith of the 52nd, Wiles of the 37th, Hill of the 4th, Harp of the 29th, Hamrick of the 30th and others:
A BILL to be entitled an Act to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees in the Employees' Retirement System of Georgia, so as to change the designation of the Georgia Public Defender Standards Council to the Georgia Public Defender Agency; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 366. By Representatives Amerson of the 9th, Yates of the 73rd, Williams of the 4th, Burkhalter of the 50th and Hembree of the 67th:

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A RESOLUTION commending the Organization for Military Education in Georgia (OMEGA); and for other purposes.

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

SB 42.

By Senators Smith of the 52nd, Wiles of the 37th, Hill of the 4th, Hamrick of the 30th and Hill of the 32nd:

A BILL to be entitled an Act to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, the "Georgia Indigent Defense Act of 2003," so as to extensively revise said Act; to reconstitute the Georgia Public Standards Council with new membership; to change the powers and duties of the council and provide that it shall be an advisory body; to provide for the Georgia Public Standards Agency as an agency of the state; to provide for its director and the powers and duties and operations of the agency and the director; to provide for other related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 100. By Senators Smith of the 52nd, Wiles of the 37th, Hill of the 4th, Harp of the 29th, Hamrick of the 30th and others:

A BILL to be entitled an Act to amend Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to particular groups of employees in the Employees' Retirement System of Georgia, so as to change the designation of the Georgia Public Defender Standards Council to the Georgia Public Defender Agency; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

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

Jones of the 44th, Walker of the 107th, Mangham of the 94th, Dawkins-Haigler of the 93rd, Parrish of the 156th, Smith of the 113th, Stephens of the 164th, Millar of the 79th, and Davis of the 109th.

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

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597

HR 18. By Representative Levitas of the 82nd:
A RESOLUTION congratulating the Tucker High School football team on winning the 2008 Class AAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes.
HR 284. By Representatives Smith of the 113th, Holt of the 112th, Levitas of the 82nd and Amerson of the 9th:
A RESOLUTION declaring February 24, 2009, as Georgia Academy of Audiology Day at the state capitol and inviting representatives from the Georgia Academy of Audiology to appear before the House of Representatives; and for other purposes.
HR 373. By Representatives Williams of the 165th, Bryant of the 160th, Barnard of the 166th, Yates of the 73rd, Stephens of the 164th and others:
A RESOLUTION commending Major General Tony Cucolo and inviting him 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 Retirement:
HB 211. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:
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 venue in any action brought against the boards of trustees of the Employees' Retirement System of Georgia, the Public School Employees Retirement System, the Georgia Legislative Retirement System, the Georgia Defined Contribution Plan, the Georgia Judicial Retirement System, and the Georgia Military Pension Fund shall lie in the Superior Court of Fulton County; 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 259. By Representatives Smyre of the 132nd, Manning of the 32nd, Porter of the 143rd, Jones of the 44th, Burkhalter of the 50th and others:

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A RESOLUTION requesting that the President of the United States and his administration continue the uninterrupted production of the F-22 Raptor; 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 E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the adoption of the Resolution, the ayes were 162, nays 0.

Y Rynders Y Scott, A
Scott, M Y Sellier E Setzler Y Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

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

TUESDAY, FEBRUARY 24, 2009

599

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 156. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th:

A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 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 E Abrams Y Allison Y Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey

Y Rynders Y Scott, A
Scott, M Y Sellier E Setzler Y Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard
Williams, A

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Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Loudermilk E Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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

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

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

Representative Loudermilk of the 14th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 100. By Representatives Ehrhart of the 36th, Casas of the 103rd, Lunsford of the 110th and Lindsey of the 54th:

A BILL to be entitled an Act to amend Title 20 and Title 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 educational improvement and student scholarship organizations; to change certain definitions; to change certain requirements regarding operation and taxation of student scholarship organizations; to provide for criminal penalties regarding student scholarship organization requirements; to revise and change certain provisions regarding the qualified education income tax credit; 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 Title 20 and Title 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 educational improvement and student scholarship organizations; to change certain definitions; to change certain requirements regarding operation and taxation of student scholarship organizations; to provide for criminal penalties regarding student scholarship organization requirements; to revise and change certain provisions regarding the qualified education income tax credit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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601

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2A-1, relating to definitions regarding student scholarship organizations, as follows:
"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. A student who was an eligible student at the time he or she first received an educational scholarship or tuition grant shall remain an eligible student so long as the student receives an educational scholarship or tuition grant from a student scholarship organization. (2) 'Qualified school or program' means a nonpublic pre-kindergarten program, 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 (B) Is located in this state;, adheres to the provisions of the federal Civil Rights Act of 1964, and satisfies (C) Complies with the antidiscrimination provisions of 42 U.S.C. Section 1981; (D) Complies with all health and safety laws or codes that apply to private schools; and (E) Satisfies the requirements prescribed by law for private schools in this state. The Department of Education shall not require any information from a qualified school or program other than that information which nonpublic pre-kindergarten programs or primary and secondary schools are required to provide to the Department of Education under this chapter. (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 obligates 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. (4) 'Obligate' means to provide funds for scholarships or tuition grants in one or more of the following ways: (A) The student scholarship organization actually transfers funds to a recipient within the fiscal year; (B) The student scholarship organization awards a full or partial single-year or multi-year scholarship to a recipient during the fiscal year, although payment may not be scheduled until a subsequent period, provided that any funds associated with such award are kept in a scholarship fund account or investment account rather than in the student scholarship organization's operating bank account;

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(C) The student scholarship organization transfers funds from its operating account to a scholarship fund account or investment account to fund future obligations under a multi-year scholarship that is awarded in the current or a previous fiscal year; (D) The student scholarship organization transfers funds from its operating account to a scholarship fund account or investment account to fund scholarships at a specific school or a group of schools in the following fiscal year, regardless of whether any specific recipients have been determined or named in the current calendar year; (E) The student scholarship organization transfers funds from its operating account to a scholarship fund account or investment account that the board of directors of the student scholarship organization has irrevocable dedicated to the provision of scholarships or tuition grants to eligible students yet to be identified; or (F) The student scholarship organization transfers funds to another student scholarship organization. Notwithstanding the provisions of this paragraph, a transfer that is obligated pursuant to this chapter shall not be counted as contributions or scholarship awards in any other fiscal year."
SECTION 2. Said title is further amended by revising Code Section 20-2A-2, relating to requirements regarding student scholarship organizations; as follows:
"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 verifying that it obligated 90 percent of its annual revenue for scholarships or tuition grants 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."
SECTION 3. Said title is further amended by revising Code Section 20-2A-3, relating to taxation requirements for student scholarship organizations, as follows:
"20-2A-3.

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603

(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. All information or reports provided by student scholarship organizations to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 482-15, 48-7-60, and 48-7-61, whether it relates to the donor or the student scholarship organization. (c) Any student scholarship organization that fails to comply with its obligations under Code Section 20-2A-2 shall: (1) Be immediately removed from the Department of Education list provided for in Code Section 20-2A-6; (2) Be required to cease all operations as a student scholarship organization and transfer all scholarship account funds to a properly operating student scholarship organization within 30 calendar days of receipt of notice from the Department of Revenue; (3) Have all applications for preapproval of tax credits under Code Section 48-729.16 rejected by the Department of Revenue on or after the date the Department of Education removes the student scholarship organization from its list provided for in Code Section 20-2A-6; and (4) Notwithstanding any laws to the contrary, the Department of Revenue shall not take any adverse action against donors to such student scholarship organizations if the Department of Revenue preapproved a donation for a tax credit prior to the date the student scholarship organization is removed from the Department of Education list, and all such donations shall remain as preapproved tax credits subject only to the donor's compliance with Code Section 48-7-29.16. (d) Any officer or director of a student scholarship organization found to have actively participated in a student scholarship organization's intentional violation of its obligations under Code Section 20-2A-2 shall be guilty of a misdemeanor."
SECTION 4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-7-29.16, relating to the qualified education income tax credit, as follows:
"48-7-29.16. (a) As used in this Code section, the term:

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(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 A taxpayer shall be allowed a credit against the tax imposed by this chapter for qualified education expenses in the amount actually expended or 75 percent of the taxpayer's income tax liability, whichever is less. 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)(c) 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)(d) 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)(e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section the following exceed $50 million per tax year:
(A) Tax credits allowed under this Code section; and (B) Amounts deducted from taxable net income by taxpayers as charitable contributions to student scholarship organizations for purposes of Chapter 2A of Title 20 when that taxpayer also claims and is granted a tax credit under this Code section regarding such amounts. (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 15 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 business days after receiving notice immediately following seven days from the date on which the department that the requested amount was preapproved the contribution. If the taxpayer does not comply with this paragraph, the commissioner shall not include this

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605

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 and the designated student scholarship organization being listed on the Department of Education's website pursuant to Code Section 202A-6. (g)(f)(1) 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. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. 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. (2) The student scholarship organization shall provide a copy of each letter of confirmation of donation to the Department of Revenue on a monthly basis. The Department of Revenue shall then correlate the letters of confirmation with its preapproved taxpayer request form. In the event a tax credit has been preapproved by the Department of Revenue but the taxpayer failed to comply with its donation obligations under paragraph (3) of subsection (e) of this Code section, then the aggregate amount of tax credits available shall be adjusted accordingly. (3) The Department of Revenue shall list on its website the amount of tax credits available under this Code section and update the listing quarterly. (h)(1)(g)(1) The No credit shall be allowed under this Code section with respect to without regard to whether any amount was 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)(h) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the tax provisions of this Code section."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4 of this Act shall be applicable to all taxable years beginning on or after January 1, 2009.

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SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
By unanimous consent, further consideration of HB 100 was suspended until later in the legislative day.
Representative Burns of the 157th District, Chairman of the Committee on Special Rules, submitted the following report:
Mr. Speaker:
Your Committee on Special Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 29 Do Pass HR 135 Do Pass
Respectfully submitted, /s/ Burns of the 157th
Chairman
The Speaker announced the House in recess until 1:00 o'clock, this afternoon.

TUESDAY, FEBRUARY 24, 2009

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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 100. By Representatives Ehrhart of the 36th, Casas of the 103rd, Lunsford of the 110th and Lindsey of the 54th:

A BILL to be entitled an Act to amend Title 20 and Title 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 educational improvement and student scholarship organizations; to change certain definitions; to change certain requirements regarding operation and taxation of student scholarship organizations; to provide for criminal penalties regarding student scholarship organization requirements; to revise and change certain provisions regarding the qualified education income tax credit; to provide an effective date; to provide for applicability; 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 E Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Benfield N Benton N Black
Brooks N Bruce

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C N Johnson, T

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo N McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris N Mosby N Murphy Y Neal

Rynders Y Scott, A
Scott, M N Sellier Y Setzler N Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V N Smyre

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Y 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 N Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Jones, J Y Jones, S N Jordan
Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lindsey N Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Nix N Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J N Pruett Y Ralston N Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

N Stephens, M Y Stephens, R N Stephenson
Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon 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 98, nays 69.

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

Representatives Loudermilk of the 14th and Scott of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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 120. By Representatives Smith of the 70th, Dempsey of the 13th, Talton of the 145th, Harden of the 147th, Powell 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 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 Committee substitute was read and adopted:

TUESDAY, FEBRUARY 24, 2009

609

A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of 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 or water efficient products for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by 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 July 31, 2008 July 30, 2009, and concluding at 12:00 Midnight on August 3, 2008 August 2, 2009."
SECTION 2. Said Code section is further amended by revising subparagraph (A) of 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 2, 2008 October 1, 2009, and concluding at 12:00 Midnight on October 5, 2008 October 4, 2009."
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:

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Y Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague
Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson
Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 165, nays 0.

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

Representatives Ehrhart of the 36th, Loudermilk of the 14th, Scott of the 2nd, 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.

Representative May of the 111th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon.

TUESDAY, FEBRUARY 24, 2009

611

HB 64. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, so as to provide for the completion of the medical certification as to the cause and circumstances of death during a certain period of time; to provide for penalties; to provide that a coroner shall be authorized to complete and sign a medical certification as to the cause and circumstances of death under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, so as to provide for the completion and filing of the medical certification as to the cause and circumstances of death during a certain period of time; to provide for penalties; to provide that a coroner shall be authorized to complete and sign a medical certification as to the cause and circumstances of death under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, is amended by revising subsections (b) and (c) as follows:
"(b) The funeral director or person acting as such who first assumes custody of the dead body shall file the certificate of death within 72 hours of receiving such certificate by the appropriate physician or coroner. Such director or person shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible therefor.
(c)(1) The medical certification as to the cause and circumstances of death shall be completed, signed, and returned to the funeral director or person acting as such within 72 hours after death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act.' In the absence of said physician or with that physician's approval the certificate may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided that such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes. If, 30 days after a death,

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the physician in charge of the patient's care for the illness or condition which resulted in death has failed to complete, sign, and return the medical certification as to the cause and circumstances of death to the funeral director or person acting as such, the funeral director or person acting as such shall be authorized to report such physician to the Composite State Board of Medical Examiners for discipline pursuant to Code Section 43-34-37. (2) In the event that a physician authorized pursuant to paragraph (1) of this subsection to complete a medical certification as to the cause and circumstances of death has not completed such certification 30 days after the death, a coroner shall be authorized to complete and sign the certification; provided, however, that he or she has reviewed the medical history of the case and determines that the death is due to natural causes. A coroner signing a certification pursuant to this paragraph shall retain the authority granted pursuant to Code Section 45-16-27 to issue subpoenas to compel the production of medical records, provided that such records are related to the death in question."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague
Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd

Y Crawford Davis, H
Y Davis, S Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet

TUESDAY, FEBRUARY 24, 2009

613

Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Thomas Y Thompson E Walker Y Weldon 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 164, nays 1.

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

Representatives Ehrhart of the 36th and Scott of the 2nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 331. By Representative Martin of the 47th:

A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; 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 E Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp Y Sims, B Y Sims, C Y Sinkfield

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E Beasley-Teague N Benfield Y Benton Y Black 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 N Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall
Reece N Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 162, nays 7.

Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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.

HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th:

A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination 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:

TUESDAY, FEBRUARY 24, 2009

615

A BILL
To amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to attorneys, so as to change provisions relating to the expenses of the board and the amount and disposition of examination 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 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to attorneys, is amended by revising Code Section 15-19-2, relating to the rules of governing the Board of Bar Examiners, expenses of the board, and the amount and disposition of examination fees, as follows:
"15-19-2. (a) It shall be the duty of the Justices of the Supreme Court to appoint and fix the number, terms, and compensation of the Board of Bar Examiners, whose powers and duties shall be as set forth by the Supreme Court by rule. All salaries, fees, and other expenses incurred in administering the Board of Bar Examiners and the examinations conducted by the board shall be paid by the Supreme Court from an appropriation made to the Supreme Court for that purpose. (b) All fees paid by applicants for admission to the bar by examination shall be paid into the general funds of the treasury. The Supreme Court, upon recommendation by the board, shall by rule set the amount of the examination fee to be paid by the applicants for admission to the bar by examination and shall direct to whom and when the fee shall be paid. The examination fee shall be reasonable and shall be determined in such a manner that the total amount of the fees charged and collected by the board in each fiscal year shall approximate the direct and indirect costs to the state of administering the examination. The amount of the fee to be paid by the applicant shall not exceed $90.00."
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 Franklin of the 43rd moves to amend the House Committee on Judiciary Substitute to HB 283 (LC 29 3699S) by striking on line 1 the language "Article 1 of Chapter 19 of".

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By replacing the words "general provisions relating to attorneys" on line 2 with the word "courts".

By inserting after the word "to" line 2 the following:

provide that certain persons who do not meet the normal educational requirements for admission to the bar shall be eligible to take the examination for admission to the state bar and, upon successful completion, to be admitted to the practice of law in this state; to

By replacing the word "board" on line 3 with the words "Board of Bar Examiners".

By striking all matter on lines 8 and 9 and inserting in place thereof the following:

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-2-8, relating to the powers of the Georgia Supreme Court, by revising paragraph (5) as follows:
"(5) To establish, amend, and alter its own rules of practice and to regulate the admission of attorneys to the practice of law; provided, however, that any person shall be allowed to take the examination for admission to the State Bar of Georgia and, upon successful completion, shall be admitted to the practice of law in this state if such person:
(A) Is a member in good standing of the bar of any other state of the United States; (B) Meets all requirements for eligibility to take such examination and be admitted to the State Bar of Georgia, except educational requirements other than those established by this paragraph; (C) Has earned a Juris Doctor degree from a law school the graduates of which are eligible for admission to the bar of the state where the law school is located; and (D) Was a bona fide resident of Georgia for at least one year prior to commencing law school;"

SECTION 2. Said title is further amended by revising Code Section 15-19-2,

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

N Abdul-Salaam E Abrams Y Allison N Amerson N Anderson N Ashe N Austin N Baker N Barnard

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler N Day N Dempsey N Dickson N Dobbs N Dollar

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A
Holt Y Horne N Houston N Howard

N Manning N Marin N Martin Y Maxwell E May N Mayo N McCall N McKillip N Meadows

N Rynders N Scott, A Y Scott, M N Sellier Y Setzler N Shaw Y Sheldon E Shipp E Sims, B

TUESDAY, FEBRUARY 24, 2009

617

N Battles N Bearden E Beasley-Teague N Benfield N Benton N Black Y Brooks N Bruce N Bryant N Buckner N 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 N Collins, D N Collins, T N Cooper Y Cox

N Dooley Y Drenner N Dukes Y Ehrhart N England N Epps, C N Epps, J N Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner N Geisinger N Glanton N Golick N Gordon Y Graves N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M N Hatfield N Heard

N Hudson N Hugley N Jackson N Jacobs N James Y Jerguson N Johnson, C N Johnson, T N Jones, J N Jones, S N Jordan N Kaiser
Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lindsey N Long Y Loudermilk
Lucas Lunsford N Maddox, B N Maddox, G N Mangham

Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy N Neal N Nix N Oliver N O'Neal N Parham N Parrish N Parsons N Peake N Porter N Powell, A N Powell, J N Pruett N Ralston N Ramsey N Randall N Reece Y Reese Y Rice N Roberts N Rogers

On the adoption of the amendment, the ayes were 30, nays 137.

N Sims, C N Sinkfield N Smith, B N Smith, L N Smith, R E Smith, T E Smith, V N Smyre N Stephens, M N Stephens, R N Stephenson N Talton N Taylor N Teilhet N Thomas N Thompson E Walker N Weldon N Wilkinson N Willard N Williams, A N Williams, E N Williams, M N Williams, R N Wix Y Yates
Richardson, Speaker

The amendment was lost.

The Committee substitute was adopted.

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

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

Y Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp E Sims, B Y Sims, C Y Sinkfield

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E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston
Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Smith, B Y Smith, L Y Smith, R E Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 0.

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

HB 172. By Representatives Maxwell of the 17th, Benton of the 31st, Meadows of the 5th and Maddox of the 172nd:

A BILL to be entitled an Act to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to reexamination of persons receiving disability benefits under the Employees' Retirement System of Georgia, effect of refusal to undergo examination, and effect of ability to engage in gainful employment, so as to delete provisions providing for physical examinations done at a place convenient to the beneficiary; to provide that a beneficiary who has not reached the age of 60 shall submit to an examination; to provide that the amount earnable by certain disabled members shall include certain payments that the beneficiary receives from workers' compensation; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

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619

A BILL
To amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to reexamination of persons receiving disability benefits under the Employees' Retirement System of Georgia, effect of refusal to undergo examination, and effect of ability to engage in gainful employment, so as to delete provisions providing for physical examinations done at a place convenient to the beneficiary; to provide that a beneficiary who has not reached the age of 60 shall submit to an examination; to provide that the amount earnable by certain disabled members shall include certain payments that the beneficiary receives from workers' compensation; 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 47-2-125 of the Official Code of Georgia Annotated, relating to reexamination of persons receiving disability benefits under the Employees' Retirement System of Georgia, effect of refusal to undergo examination, and effect of ability to engage in gainful employment, is amended by revising subsection (a) as follows:
"(a)(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 the disability beneficiary's place of residence or other place mutually agreed upon, by a physician or 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. (2) 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

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earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. (3) The provisions of this paragraph shall apply to persons who first or again become members of this retirement system on or after September 1, 2009. For purposes of paragraph (2) of this subsection, the amount earnable by the beneficiary shall include any income payment received from workers' compensation; provided, however, that in the event of a lump sum payment, the monthly disability allowance shall be reduced on an actuarial basis as determined by the actuary of this retirement system."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden E Beasley-Teague Y Benfield Y Benton Y Black
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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon

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Y Channell Cheokas
Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 167. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd:

A BILL to be entitled an Act to amend an Act to create the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), so as to provide an additional judge for such 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:

Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan
Kaiser

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp
Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R E Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton

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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, D Y Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 166, nays 0.

Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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 343. By Representatives Collins of the 27th, Chambers of the 81st, Martin of the 47th, Hamilton of the 23rd, Day of the 163rd and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to create civilian weight inspectors for motor carriers; to provide for powers and duties; to provide for restrictions of power; 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 5 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Motor Carrier Compliance Division of the Department of Public Safety, so as to provide for the position of weight inspector for the Motor Carrier Compliance Division of the Department of Public Safety; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Article 5 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Motor Carrier Compliance Division of the Department of Public Safety, is amended in Code Section 35-2-100, relating to the creation of members designated as law enforcement officers, as follows:
"35-2-100. There is created and established a division of the Department of Public Safety to be known as the Motor Carrier Compliance Division,. Except as provided in Code Section 35-2-102, the members of which the Motor Carrier Compliance Division shall be known and designated as 'law enforcement officers.'"
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"35-2-102. (a) The commissioner is authorized to establish a position to be known as 'weight inspector' within the Motor Carrier Compliance Division of the Department of Public Safety. Weight inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate outside such facilities. The number of such positions shall be determined by the commissioner within the limits set by available appropriations. Weight inspectors may be divided into such ranks as the commissioner deems appropriate. (b) The commissioner shall ensure that a weight inspector is properly trained regarding laws governing commercial motor vehicle weight, registration, size, and load, including, but not limited to, commercial motor vehicle provisions in Article 2 of Chapter 6 of Title 32 and safety standards for commercial motor vehicles and such motor vehicle components. The training required in the areas required by this subsection shall be equivalent to training provided to certified officers in the Motor Carrier Compliance Division. (c) A weight inspector, at the fixed scales facility, shall be authorized to:
(1) Enforce noncriminal provisions relating to commercial motor vehicle weight, registration, size, and load and assess a civil penalty for a violation of such provisions; and (2) Detain a commercial motor vehicle that:
(A) Has a safety defect which is critical to the continued safe operation of the vehicle; (B) Is being operated in violation of any criminal law; or (C) Is being operated in violation of an out-of-service order as reported on the federal Safety and Fitness Electronic Records data base. The detention authorized by this paragraph shall be for the purpose of contacting a certified member of the Motor Carrier Compliance Division or Georgia State Patrol. A certified officer shall report to the scene of a detained vehicle and take any further action deemed appropriate including completing the inspection and investigation, making an arrest, or bringing criminal or civil charges.

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(d) A weight inspector is not a peace officer and shall not be authorized to carry a firearm or exercise any power of arrest other than a citizen's arrest in accordance with Code Sections 17-4-60 and 17-4-61. At all times while a weight inspector is on duty, there shall be a supervisor over the weight inspector also on duty who shall be a certified peace officer."

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 E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp
Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E

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625

Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 1.

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

Representative Powell of the 29th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 216. By Representatives Harden of the 147th, Roberts of the 154th, Pruett of the 144th and James of the 135th:

A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change certain terms of court in the Cordele Judicial Circuit; 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 E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw N Sheldon E Shipp
Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson

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Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

N Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 165, nays 2.

Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representatives Frazier of the 123rd and Sheldon of the 105th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Golick of the 34th 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 123 Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 34th
Chairman

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

HR 444. By Representatives Day of the 163rd, Carter of the 159th, Stephens of the 161st, Gordon of the 162nd and Stephens of the 164th:

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627

A RESOLUTION recognizing and commending the members of the St. Patrick's Day Parade Committee, General Chairman John P. Forbes, and the 2009 St. Patrick's Day Parade's Grand Marshal, Father Patrick J. O'Brien, and inviting him to appear before the House of Representatives; and for other purposes.
HR 445. By Representatives Hill of the 180th, Brooks of the 63rd, Coleman of the 97th and Williams of the 165th:
A RESOLUTION commending Dr. Liz Jordan and inviting her to appear before the House of Representatives; and for other purposes.
HR 446. By Representatives Porter of the 143rd, Randall of the 138th, Lucas of the 139th, Peake of the 137th, Sellier of the 136th and others:
A RESOLUTION honoring Dr. Bruce Stuart Allen on the occasion of his appointment as the first Honorary Consul of the Principality of Liechtenstein and inviting Her Excellency Claudia Fritsche, the Ambassador of Liechtenstein to the United States of America, and Dr. Allen to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 447. By Representatives Dobbs of the 53rd, Gardner of the 57th, Frazier of the 123rd, Brooks of the 63rd, Smyre of the 132nd and others:
A RESOLUTION honoring the life of Ms. Lithangia S. Robinson and recognizing the week of February 24, 2009, as Senior Week at the state capitol in her memory; and for other purposes.
HR 448. By Representatives Dobbs of the 53rd, Benfield of the 85th, DawkinsHaigler of the 93rd, Shipp of the 58th, Kaiser of the 59th and others:
A RESOLUTION recognizing March 12, 2009, as Girl Scout Day at the state capitol; and for other purposes.
HR 449. By Representative Epps of the 140th:
A RESOLUTION commending Ray Daniel, the 2009 Wilkinson County Middle School Teacher of the Year; and for other purposes.

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HR 450. By Representative Epps of the 140th:
A RESOLUTION commending Dr. Robert Brantley, the 2009 Wilkinson County High School Teacher of the Year; and for other purposes.
HR 451. By Representative Epps of the 140th:
A RESOLUTION commending Majorie Chapman, the 2009 Bernd Elementary School Teacher of the Year; and for other purposes.
HR 452. By Representative Epps of the 140th:
A RESOLUTION commending Gina Marsh, the 2009 Heard Elementary School Teacher of the Year; and for other purposes.
HR 453. By Representative Epps of the 140th:
A RESOLUTION commending Nina Manchew, the 2009 Porter Elementary School Teacher of the Year; and for other purposes.
HR 454. By Representative Epps of the 140th:
A RESOLUTION commending Debbie Howe, the 2009 Wells Elementary School Teacher of the Year; and for other purposes.
HR 455. By Representative Epps of the 140th:
A RESOLUTION commending Carol Page, the 2010 Jeffersonville Elementary School Teacher of the Year nominee; and for other purposes.
HR 456. By Representative Epps of the 140th:
A RESOLUTION commending Sherri Brown, a 2010 Jeffersonville Elementary School Teacher of the Year nominee; and for other purposes.
HR 457. By Representative Epps of the 140th:
A RESOLUTION commending Evealene Taylor, a 2010 Jeffersonville Elementary School Teacher of the Year nominee; and for other purposes.
HR 458. By Representatives Cooper of the 41st, Peake of the 137th, Levitas of the 82nd, Horne of the 71st, Jerguson of the 22nd and others:

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629

A RESOLUTION recognizing and commending the Alzheimer's Association, Georgia Chapter, and declaring March 9, 2009, as Alzheimer's Awareness Day at the state capitol; and for other purposes.
HR 459. By Representatives Davis of the 109th, Yates of the 73rd, Lunsford of the 110th and Mayo of the 91st:
A RESOLUTION recognizing February 25, 2009, as Henry County Day at the state capitol; and for other purposes.
HR 460. By Representatives Lunsford of the 110th, Yates of the 73rd, Davis of the 109th, Levitas of the 82nd, Knight of the 126th and others:
A RESOLUTION recognizing March 5, 2009, as Atlanta Motor Speedway Day at the state capitol; and for other purposes.
HR 461. By Representative Epps of the 140th:
A RESOLUTION commending Angela Robinson, the 2009 Wilkinson County Primary School Teacher of the Year; and for other purposes.
HR 462. By Representative Benfield of the 85th:
A RESOLUTION commending Abigail DeWeerth of Renfroe Middle School; and for other purposes.
HR 463. By Representative Jones of the 44th:
A RESOLUTION commending the West Area Council on Aging and the Harriet G. Darnell Senior Multipurpose Facility during Senior Week at the state capitol; and for other purposes.
HR 464. By Representatives Holt of the 112th, Collins of the 95th and Lunsford of the 110th:
A RESOLUTION recognizing and commending Catherine Lee; and for other purposes.
HR 465. By Representatives Rogers of the 26th, Harbin of the 118th, Smith of the 131st and Smith of the 129th:
A RESOLUTION recognizing and commending the National Federation of Independent Business in Georgia; and for other purposes.

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HR 466. By Representatives Carter of the 159th, Bryant of the 160th, Stephens of the 164th, Gordon of the 162nd, Stephens of the 161st and others:
A RESOLUTION recognizing and commending Corporal Curtis Wright; and for other purposes.
HR 467. By Representatives Coleman of the 97th, Hembree of the 67th, Thomas of the 100th, Kaiser of the 59th, Millar of the 79th and others:
A RESOLUTION recognizing March 2, 2009, as Georgia Association of Educators (GAE) Legislative Conference Day at the state capitol; and for other purposes.
HR 468. By Representative Burkhalter of the 50th:
A RESOLUTION recognizing and commending Yi Yin; and for other purposes.
HR 469. By Representatives Reese of the 98th and Coan of the 101st:
A RESOLUTION recognizing and commending Mrs. Debi West; and for other purposes.
Representative Jones of the 146th 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 25, 2009

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Representative Hall, Atlanta, Georgia

Wednesday, February 25, 2009

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 E Abrams
Allison Amerson Anderson Ashe Baker Battles E Beasley-Teague E Benfield Benton Black Brooks Bryant Buckner Burkhalter Burns Byrd Carter, A Carter, B E Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox

Crawford Davis, H Davis, S Dawkins-Haigler Dempsey Dickson Dooley Drenner Dukes Ehrhart England Epps, C Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Hatfield

Heard E Heckstall
Hembree E Henson E Hill, C
Hill, C.A Holt Houston E Hudson Hugley Jackson Jacobs James Jerguson Johnson, C Johnson, T Jones, S Kaiser Keown Knox Lane, R Levitas Long Loudermilk Lunsford Maddox, B Maddox, G Mangham Marin Martin

Maxwell May Mayo McCall McKillip Meadows Mills Mitchell Morgan Morris Mosby Murphy Neal Nix O'Neal Parham Parrish Parsons Peake Powell, A Powell, J Ramsey Randall Reece Reese Rice Roberts Rogers Rynders

Scott, A Sellier Setzler Shaw Sheldon E Shipp E Sims, B Sims, C Sinkfield Smith, L Smith, R E Smith, T Smyre Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson 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 Austin of the 10th, Barnard of the 166th, Bearden of the 68th, Bruce of the 64th, Butler of the 18th, Cole of the 125th, Day of the 163rd, Dobbs of the 53rd, Dollar of the 45th, Floyd of the 99th, Golick of the 34th, Horne of the 71st, Howard of the 121st, Jordan of the 77th, Keen of the 179th, Knight of the 126th, Lane of the 158th, Lindsey of the 54th, Lucas of the 139th, Manning of the 32nd, Millar of the 79th, Oliver of the 83rd, Pruett of the 144th, Ralston of the 7th, Scott of the 2nd, Smith of the 129th, Smith of the 113th, Stephens of the 161st, and Walker of the 107th.

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They wish to be recorded as present.
Prayer was offered by Pastor Richard C. Statham, Salem Baptist Church, McDonough, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 534. By Representatives Holt of the 112th, Collins of the 95th and Lunsford of the 110th:
A BILL to be entitled an Act to provide for certain rights, powers, and privileges of the Newton County Industrial Development Authority; to define a term; to repeal certain Acts related to the authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

WEDNESDAY, FEBRUARY 25, 2009

633

HB 535. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Chapter 14 of Title 25 of the Official Code of Georgia Annotated, relating to Georgia fire safety standard and firefighter protection, so as to prohibit the sale of novelty cigarette lighters; to provide for definitions; to provide civil penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 536. By Representative Chambers of the 81st:
A BILL to be entitled an Act to amend Article 4 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence and stalking protective order registry, so as to repeal the article in its entirety; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Code Revision.
HB 537. By Representatives Jacobs of the 80th, Jones of the 46th, Lindsey of the 54th, Casas of the 103rd, Morgan of the 39th and others:
A BILL to be entitled an Act to amend Code Section 20-2-2065 of the Official Code of Georgia Annotated, relating to waiver of provisions of Title 20 for charter schools and requirements for operating a charter school, so as to change a provision relating to charter requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 538. By Representative Rice of the 51st:
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 usage of licensed defensive driving courses in pretrial diversion programs; to provide that certificates of completion from unlicensed courses shall not be recognized; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 539. 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 Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved March 6, 1990 (Ga. L. 1990, p. 3650), so as to provide for a residency qualification for members of the board of commissioners; to provide 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.
HB 540. By Representatives Scott of the 153rd and Yates of the 73rd:
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 remove references to ballot cards; to provide a time within which financial institutions must certify wrongful dishonor of candidate qualifying checks; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 541. By Representative Jackson of the 142nd:
A BILL to be entitled an Act to provide a new charter for the City of Tennille; 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 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.
HB 542. By Representatives Coleman of the 97th, Harbin of the 118th, Mills of the 25th, Smith of the 129th, Benton of the 31st and others:

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A BILL to be entitled an Act to amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits payable upon normal, early, or delayed retirement under the Public School Employees Retirement System, so as to increase the maximum allowable benefit contingent upon funding; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 543. By Representatives Lunsford of the 110th, Smith of the 113th and Cox of the 102nd:
A BILL to be entitled an Act to amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to amend the definition of "athletic injury"; so as to provide for conditions under which an athletic injury occurs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 544. By Representatives Willard of the 49th and Oliver of the 83rd:
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.
HB 545. By Representatives Willard of the 49th, Lindsey of the 54th, Powell of the 171st, Lane of the 167th, Weldon of the 3rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement and service of civil actions, so as to revise provisions relating to service of process; to provide for certification of persons authorized to serve process throughout the state; to provide for service upon persons residing in gated and secured communities; to provide for filing the return of service; to change certain provisions relating to process in civil practice; to provide for certification of certified process servers authorized to serve process throughout the state; to provide for qualifications, procedures, and other matters with respect to such certification; to regulate the professional conduct

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of certified process servers; to define the crime of impersonating a process server and provide for punishment; 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 546. By Representatives Weldon of the 3rd, Maxwell of the 17th, Lane of the 167th, Neal of the 1st, Holt of the 112th 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 define certain terms relative to the Georgia Firefighters' Pension Fund; to provide that part-time firefighters shall be eligible for membership in such fund; to repeal a certain prohibition relative to creditable service; to increase the penalty for making false statements or falsifying documents; to provide for related matters; to repeal Chapter 7A of said title, relating to the Georgia Class Nine Fire Department Pension Fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 547. By Representatives Hugley of the 133rd, Dickson of the 6th, Ashe of the 56th and Carter of the 175th:
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 under the "Quality Basic Education Act," so as to provide for preparatory tests for college entrance exams; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 548. By Representative Dollar of the 45th:
A BILL to be entitled an Act to amend Code Section 21-2-413 of the Official Code of Georgia Annotated, relating to the conduct of voters, campaigners, and others at polling places, so as to prohibit the use of text messaging or other communications using mobile devices in the enclosed place in a polling place; 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.

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HB 549. By Representatives Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; 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 550. By Representatives Meadows of the 5th, Dempsey of the 13th, Neal of the 1st, Loudermilk of the 14th, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, so as to provide an additional method of payment by a mutual life insurer of the equity; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 551. By Representative Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to change certain provisions regarding filing campaign disclosure reports and financial disclosure reports; to clarify the application of criminal law to knowing and willful falsification in an electronic filing; to eliminate duplicate copy filing of certain disclosure reports with county election superintendents; to provide that electronic filing shall constitute an affirmation that a report is true, complete, and correct and that no written affirmation shall be required for electronic filings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ethics.
HB 552. By Representatives Barnard of the 166th, Stephens of the 164th, Lane of the 167th, Bryant of the 160th, Williams of the 178th and others:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to standards for wells and boreholes; to change certain provisions relating to bonds and letters of

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credit for water well contractors or drillers; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 553. By Representatives Lunsford of the 110th, Butler of the 18th, Stephens of the 164th, Millar of the 79th, Harbin of the 118th 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 comprehensive regulation of local government equipment financing; to provide for a short title; to provide for legislative purposes; to provide for definitions; to create the Local Government Equipment Financing Authority; to provide for members, qualifications, officers, meetings, and procedures; to provide for powers, duties, and authority of the authority; to provide for procedures, conditions, and limitations; to provide for certain bonds, notes, certificates, bond anticipation notes, and other evidences of indebtedness; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
HB 554. By Representatives Davis of the 122nd, Greene of the 149th, Randall of the 138th, Bearden of the 68th, Everson of the 106th and others:
A BILL to be entitled an Act to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving while license suspended or revoked, so as to clarify a defense to such offense requiring a valid driver's license; 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 555. By Representatives Casas of the 103rd, Jones of the 46th and Coleman of the 97th:
A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to revise certain provisions relating to the use of surplus property of a local board of education by a local charter school; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.

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HB 556. By Representative Teilhet of the 40th:
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 establish a program to provide certain types of grants to small businesses; to provide for definitions; to provide for an application process; to provide for certain limits relating to grants awarded; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HB 557. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," approved June 30, 1964 (Ga. L. 1964, p. 2260), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4660), so as to change the manner of appointment of members of the authority; to change the terms of office for such members to staggered, three-year terms of office; 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 558. By Representatives Hamilton of the 23rd and Rynders of the 152nd:
A BILL to be entitled an Act to amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation of territory, so as to repeal certain provisions relating to authority, procedures, identification, and status of lands relative to deannexation; to provide for deannexation of property pursuant to application of landowners thereof; to provide for procedures, conditions, and limitations; to provide for facilities and services; to provide for other matters relative to the foregoing; to provide for bonded indebtedness in the event of a deannexation of property from a municipality; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.
HB 559. By Representatives Murphy of the 120th, Powell of the 29th, Heard of the 114th, Howard of the 121st, Stephens of the 164th and others:

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A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to provide for the election of members of the Public Service Commission by the electors of their respective districts only; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 560. By Representatives Kaiser of the 59th, Ashe of the 56th and Fludd of the 66th:
A BILL to be entitled an Act to amend Article 2 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to contracting and bidding, so as to provide that entities submitting a bid for certain contracts shall disclose whether they will maintain health insurance for their employees during the project for which the bid was submitted; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 561. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act creating the Pike County Recreation Authority, approved March 18, 1986 (Ga. L. 1986, p. 4070), as amended, so as to change the name of the authority to the Pike County Parks and Recreation Authority; to clarify provisions relating to tax exemptions of the authority; 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 562. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act creating the Pike Clean and Beautiful Authority, approved April 4, 1991 (Ga. L. 1991, p. 4093), as amended, so as to change certain provisions relating to the Keep Pike Beautiful Authority; to change the number of members of the authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 563. By Representative Greene of the 149th:
A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Randolph County, approved February 28, 1994 (Ga. L. 1994, p. 3575), as amended, so as to provide for organization and officers of the board; to provide for a quorum and the transaction of business; to provide for board policies; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 440. By Representative Barnard of the 166th:
A RESOLUTION dedicating Veterans Boulevard in Glennville, Georgia, in honor of our nation's military veterans; and for other purposes.
Referred to the Committee on Transportation.
HR 441. By Representatives Knox of the 24th, Amerson of the 9th and Hamilton of the 23rd:
A RESOLUTION honoring the life of David Paul (Bubba) Land and dedicating a bridge in his honor; and for other purposes.
Referred to the Committee on Transportation.
HR 442. By Representatives Day of the 163rd, Stephens of the 164th, Parrish of the 156th, Levitas of the 82nd, Scott of the 153rd and others:
A RESOLUTION creating the House Study Committee on the Review, Evaluation, and Analysis of State Tax Exemptions; and for other purposes.
Referred to the Committee on Ways & Means.
HR 443. By Representatives Dollar of the 45th and Parsons of the 42nd:
A RESOLUTION celebrating the life of Phyllis Heller and dedicating a bridge in her memory; and for other purposes.
Referred to the Committee on Transportation.
HR 470. By Representatives Franklin of the 43rd, Loudermilk of the 14th, Reese of the 98th, Setzler of the 35th, Hatfield of the 177th and others:

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A RESOLUTION affirming states' sovereignty based on constitutional principles; 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 30 HB 37 HB 514 HB 515 HB 516 HB 517 HB 518 HB 519 HB 520 HB 521 HB 522 HB 523 HB 524 HB 525

HB 526 HB 527 HB 528 HB 529 HB 530 HB 531 HB 532 HB 533 HR 8 HR 368 HR 369 HR 370 SB 42 SB 100

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

Mr. Speaker:

Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 516 HB 528 HB 529

Do Pass, by Substitute Do Pass Do Pass

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

Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report:

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643

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 118 Do Pass, by Substitute
Respectfully submitted, /s/ Harbin of the 118th
Chairman
Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish and Parks has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 72 Do Pass
Respectfully submitted, /s/ Lane of the 158th
Chairman
Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report:
Mr. Speaker:
Your Committee on Health and Human Services has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 509 Do Pass, by Substitute
Respectfully submitted, /s/ Cooper of the 41st
Chairman

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

HB 330 HR 22 HR 23

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

Respectfully submitted, /s/ Coan of the 101st
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on 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 434 HB 437 HB 449

Do Pass Do Pass Do Pass

HB 496 HB 502 SB 66

Do Pass Do Pass Do Pass

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

Representative Golick of the 34th 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:

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645

HB 245 Do Pass, by Substitute HB 287 Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 34th
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 127 HB 145 HB 235

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

Respectfully submitted, /s/ Willard of the 49th
Chairman

Representative Williams of the 4th District, Chairman of the Committee on Regulated Industries, submitted the following report:

Mr. Speaker:

Your Committee on Regulated Industries has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 68 Do Pass, by Substitute HB 102 Do Pass, by Substitute

HB 115 Do Pass, by Substitute HR 78 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:

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HR 168 Do Pass HR 342 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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 74 HB 349 SB 83

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

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 25, 2009

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 50 HB 101

Death investigations by coroners; notification requirements; provide (Substitute)(JudyNC-Channell-116th) Advertising; transit agencies' vehicles and facilities; limit prohibitions (SP&CA-Hamilton-23rd)

Modified Open Rule

None

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Modified Structured Rule

HB 149 HB 229

Move on When Ready Act; enact (Substitute)(Ed-Jones-46th) Student Health and Physical Education Act; enact (Substitute)(EdColeman-97th)

Structured Rule

HB 170

State owned marshland or water bottoms; change annual rental fees; provisions (Substitute)(SI&P-Lane-167th)

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

A BILL to be entitled an Act to amend an Act providing for homestead exemptions from certain Unified Government of Athens-Clarke County ad valorem taxes for Unified Government purposes and certain Clarke County school district ad valorem taxes for educational purposes approved April 13, 1992 (Ga. L. 1992, p. 6241), so as to change the definition of homestead for purposes of such exemptions; 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 437. By Representative Hudson of the 124th:

A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), so as to provide that the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County; to provide for compensation; to provide for the appointment and compensation of a clerk of the magistrate

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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.
HB 449. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Clarke County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 65 years of age or older approved April 25, 2002 (Ga. L. 2002, p. 5009), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 496. By Representatives Hill of the 21st, Byrd of the 20th, Jerguson of the 22nd and Hamilton of the 23rd:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Woodstock; 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 an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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649

HB 502. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th:

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, so as to provide a method for selecting the judge and personnel of the municipal court; to repeal conflicting laws; and for other purposes.

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

SB 66. By Senator Harp of the 29th:

A BILL to be entitled an Act to amend an Act to reconstitute the Meriwether County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended, so as to stagger the terms which members of the board are elected; to provide that members in office shall continue to serve for the remainder of their terms; to change vacancy provisions; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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

E Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J

E Heckstall Y Hembree E Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills
Mitchell Y Morgan Y Morris
Mosby Y Murphy

Y Rynders Y Scott, A E Scott, M Y Sellier Y Setzler
Shaw Y Sheldon E Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V

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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 Y Cole
Coleman E Collins, D
Collins, T Cooper Y Cox

Y Everson Floyd
Y Fludd Franklin
Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B
Maddox, G Y Mangham

Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 147, nays 0.

Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson
Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representatives Johnson of the 37th, Lucas of the 139th and Shaw of the 176th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following 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 20. By Senators Pearson of the 51st, Rogers of the 21st, Seabaugh of the 28th, Williams of the 19th and Mullis of the 53rd:

A BILL to be entitled an Act 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 penalties; 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 penalties; to amend Code Section 50-36-1 of the Official Code of

WEDNESDAY, FEBRUARY 25, 2009

651

Georgia Annotated, relating to the verification requirements, procedures, and conditions for determining lawful presence in the United States, so as to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 30. By Senators Tolleson of the 20th, Hooks of the 14th, Cowsert of the 46th, Harp of the 29th, Tarver of the 22nd and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to provide that suppliers of automotive gasoline shall offer to supply gasoline distributors and gasoline dealers with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors and gasoline dealers from being blenders; to define certain terms; to change certain provisions relating to marketing agreements subject to said article; to repeal conflicting laws; and for other purposes.
SB 38. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed dead bodies, so as to authorize the Board for the Distribution of Cadavers to provide for dead bodies to be used in the training and handling of police canine; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 76. By Senator Hudgens of the 47th:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to repeal Code Section 34-9-135; to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, so as to remove certain references; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 79. By Senators Harp of the 29th, Unterman of the 45th, Williams of the 19th, Hamrick of the 30th, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to define a certain term; to provide for access by certain governmental entities and certain persons to records concerning reports of

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child abuse; to provide that certain records relating to a child fatality or near fatality shall not be confidential; to repeal conflicting laws; and for other purposes.
SB 89. By Senators Butler of the 55th, Williams of the 19th, Brown of the 26th, Mullis of the 53rd, Stoner of the 6th and others:
A BILL to be entitled an Act to amend Code Section 16-12-120 of the Official Code of Georgia Annotated, relating to acts prohibited in public transit buses and rapid rail cars or stations, so as to allow the consumption of food and beverages in a rapid rail station or intermodal bus station; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 105. By Senators Hill of the 32nd and Johnson of the 1st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that the Commissioner of Insurance shall be authorized to allow certain health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses to be approved for sale in connection with or packaged with otherwise approved individual health insurance policies; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 120. By Senators Stoner of the 6th, Mullis of the 53rd, Jones of the 10th, Rogers of the 21st, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to 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.
HB 176. By Representatives Geisinger of the 48th, Jones of the 46th, Willard of the 49th and Martin of the 47th:
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

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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 20.

By Senators Pearson of the 51st, Rogers of the 21st, Seabaugh of the 28th, Williams of the 19th and Mullis of the 53rd:

A BILL to be entitled an Act 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 penalties; 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 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; 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 30.

By Senators Tolleson of the 20th, Hooks of the 14th, Cowsert of the 46th, Harp of the 29th, Tarver of the 22nd and others:

A BILL to be entitled an Act to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to provide that suppliers of automotive gasoline shall offer to supply gasoline distributors and gasoline dealers with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors and gasoline dealers from being blenders; to define certain terms; to change certain provisions relating to marketing agreements subject to said article; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Energy, Utilities & Telecommunications.

SB 38. By Senator Harp of the 29th:

A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed dead bodies, so as to authorize the Board for the Distribution of

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Cadavers to provide for dead bodies to be used in the training and handling of police canine; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Health & Human Services.

SB 76. By Senator Hudgens of the 47th:

A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to repeal Code Section 34-9-135; to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, so as to remove certain references; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 79.

By Senators Harp of the 29th, Unterman of the 45th, Williams of the 19th, Hamrick of the 30th, Adelman of the 42nd and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to define a certain term; to provide for access by certain governmental entities and certain persons to records concerning reports of child abuse; to provide that certain records relating to a child fatality or near fatality shall not be confidential; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Children & Youth.

SB 89.

By Senators Butler of the 55th, Williams of the 19th, Brown of the 26th, Mullis of the 53rd, Stoner of the 6th and others:

A BILL to be entitled an Act to amend Code Section 16-12-120 of the Official Code of Georgia Annotated, relating to acts prohibited in public transit buses and rapid rail cars or stations, so as to allow the consumption of food and beverages in a rapid rail station or intermodal bus station; 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.

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655

SB 105. By Senators Hill of the 32nd and Johnson of the 1st:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that the Commissioner of Insurance shall be authorized to allow certain health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses to be approved for sale in connection with or packaged with otherwise approved individual health insurance policies; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 120. By Senators Stoner of the 6th, Mullis of the 53rd, Jones of the 10th, Rogers of the 21st, Adelman of the 42nd and others:
A BILL to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to 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.
The Speaker Pro Tem assumed the Chair.
The following members were recognized during the period of Morning Orders and addressed the House:
Dobbs of the 53rd, Cox of the 102nd, Geisinger of the 48th, Smith of the 131st, Stephens of the 161st, Sims of the 169th, Williams of the 165th, and Williams of the 89th.
Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:
Mr. Speaker:
Your Committee on Economic Development and Tourism has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

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HB 427 Do Pass HR 166 Do Pass
Respectfully submitted, /s/ Stephens of the 164th
Chairman
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 168. By Representatives Everson of the 106th, Cox of the 102nd and Casas of the 103rd:
A RESOLUTION congratulating the Brookwood High School Broncos baseball team on winning the 2008 Class AAAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes.
HR 342. By Representative Levitas of the 82nd:
A RESOLUTION congratulating Lakeside High School boys soccer team on winning the 2008 Class AAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 229. By Representatives Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Kaiser of the 59th, Ashe of the 56th 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 an annual fitness assessment and to comply with state physical education instruction requirements; to provide for reporting of results; to provide for an annual report to the Governor; to provide for a recognition program; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:

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657

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 require local school systems to conduct an annual fitness assessment and to comply with state physical education instruction requirements; to provide for reporting of results; to provide for an annual report to the Governor; to provide for a recognition program; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 a new Code section to read as follows:
"20-2-776. (a)(1) Beginning in the 2011-2012 school year, each local school system shall conduct an annual fitness assessment program, as approved and funded by the State Board of Education, one time each school year for students in grades one through 12, to be conducted only during a physical education course that is taught by a certificated physical education teacher in which a student is enrolled. Such assessments shall include methods deemed by the State Board of Education as appropriate to ascertain levels of student physical fitness. Each local school system shall report the individual results of the fitness assessment to the parent or guardian of each student assessed and the aggregate results of the fitness assessments by school to the State Board of Education annually in a format approved and funded by the State Board of Education. The minimum required contents of the report shall be determined by the State Board of Education. (2) Each local school system shall be required to provide at least the minimum instruction in physical education prescribed by the State Board of Education in rules and regulations established pursuant to subsection (c) of Code Section 20-2-142.
(b) The State Board of Education shall be responsible for the coordination of health and physical education and fitness activities and requirements, including, but not limited to, modification or promulgation of rules and regulations related thereto. The State Board of Education shall adopt and disseminate to local school systems standards which adequately express the most current and widely accepted best practices and benchmarks in the areas of student health and physical education. The State Board of Education's efforts may be supported with state, federal, or private funding or a combination thereof. (c) The State Board of Education shall submit an annual report to the Governor, beginning October 1, 2012, and annually thereafter. Such report shall include the compliance status of each local school system and each school with applicable State

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Board of Education rules and regulations. The Governor may, in coordination with the State Board of Education, establish one or more recognition programs to acknowledge local school systems and schools which have most improved in their physical fitness assessments. 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 local school systems or schools for attaining certain levels of health status. All local school systems or schools receiving acknowledgment through a recognition program established by the Governor pursuant to this subsection shall also be recognized on the State Board of Education's website. (d) This Code section, except for subsection (b), shall be repealed on June 30, 2019."

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 E Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter N Burns N Butler N Byrd Y Carter, A
Carter, B Casas Y Chambers Y Channell Y Cheokas Coan

N Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley N Drenner Y Dukes
Ehrhart N England Y Epps, C Y Epps, J N Everson N Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene N Hamilton

E Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson N Jacobs Y James N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown N Knight N Knox Y Lane, B Y Lane, R N Levitas Y Lindsey Y Long

Y Manning Y Marin N Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows N Millar E Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett N Ralston Y Ramsey

N Rynders N Scott, A N Scott, M Y Sellier Y Setzler N Shaw Y Sheldon E Shipp E Sims, B Y Sims, C Y Sinkfield N Smith, B N Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker Y Weldon Y Wilkinson Y Willard Y Williams, A

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659

Y Cole Y Coleman E Collins, D Y Collins, T Y Cooper Y Cox

N Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

N Loudermilk Y Lucas
Lunsford N Maddox, B
Maddox, G Y Mangham

Y Randall Y Reece
Reese Y Rice N Roberts Y Rogers

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

On the passage of the Bill, by substitute, the ayes were 116, nays 42.

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

Representatives Carter of the 159th, Fludd of the 66th, 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 170. By Representatives Lane of the 167th and Barnard of the 166th:

A BILL to be entitled an Act to amend Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or water bottoms, so as to change the amount of annual rental fees from fair market value to a fixed rate; to provide for annual fee adjustments; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or water bottoms, so as to change the amount of annual rental fees from fair market value to a fixed rate; to provide for annual fee adjustments; 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 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or water bottoms, is amended by revising subsection (d) as follows:
"(d) Each lease granted under this Code section shall be upon such provisions, requirements, and conditions as the committee shall make and shall, except as provided in subsections (g) and (h) of this Code section, provide for a primary term of not more

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than ten years. Each lease, except as provided in subsections (g) and (h) of this Code section, shall require the payment of an annual rental fee set by the committee which, as of the effective date of this subsection, shall be not less than the fair market rental value of the state owned marshland or water bottoms leased thereby and $1,000.00 per acre, which acreage shall consist of the covered area of dock structures and a ten-foot buffer surrounding such dock structures; and the committee shall in each calendar year thereafter adjust the amount of the annual rental fee per acre to reflect the effect of annual inflation or deflation for the immediately preceding calendar year in accordance with rules and regulations adopted by the board, which rules and regulations may use for this purpose the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor or any other similar index established by the federal government, if the board determines that such federal index reflects the effect of inflation and deflation on the lessees. Except as provided in subsections (g) and (h) of this Code section, an initial lease shall be for the annual fee in effect and established by the committee at the time such lease is entered into. Such lease shall be adjusted annually therafter as provided in this subsection. Each lease may provide for two renewal terms, each of which shall not be for a term of more than equal duration to the primary term. Rental fees shall be paid in one installment to the department not later than July 15 of each year. A penalty of 10 percent of the annual rental shall be assessed for late payment. Failure to pay rental by August 1 of the year due shall result in the cancellation of the lease."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that this Act shall not be applied to impair an obligation of contract entered into prior to such effective date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs
Dollar

E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard

Y Manning Y Marin Y Martin Y Maxwell Y May
Mayo McCall Y McKillip Y Meadows

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp E Sims, B

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661

Y Battles E Bearden N Beasley-Teague N Benfield Y Benton Y Black 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
Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson N Floyd Y Fludd Y Franklin Y Frazier N Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

E Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Lindsey
Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Millar E Mills Y Mitchell N Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice E Roberts Y Rogers

Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 14.

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

Representative Mayo of the 91st stated that 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 149. By Representatives Jones of the 46th, Hembree of the 67th, Dempsey of the 13th, Powell of the 171st, Harden of the 147th and others:

A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to enact the "Move on When Ready Act"; to provide for definitions; to provide a program for eleventh and twelfth grade students to attend postsecondary colleges and schools for high school credit; to provide for notice to parents and students of the program; to provide requirements for course credit; to provide for state funding; to provide for testing; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read:
A BILL
To amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to enact the "Move on When Ready Act"; to provide for definitions; to provide a program for eleventh and twelfth grade students to attend postsecondary colleges and schools for high school credit; to provide for notice to parents and students of the program; to provide requirements for course credit; to provide for state funding; to provide for testing; 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 "Move on When Ready Act."
SECTION 2. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-161.3. (a) For purposes of this Code section, the term:
(1) 'Department' means the Department of Education. (2) 'Eligible institution' or 'institution' means any eligible postsecondary institution as defined in paragraph (7) of Code Section 20-3-519. (3) 'Eligible student' means a student entering eleventh or twelfth grade who spent the prior school year in attendance at a public high school in this state. (4) 'Prior school year in attendance' means that the student was reported as enrolled in a public school for funding purposes during the preceding October and March fulltime equivalent (FTE) program counts in accordance with Code Section 20-2-160. (5) 'Program' means the arrangement authorized by this Code section whereby an eligible student takes all of his or her courses at or through an eligible institution or a virtual course approved by the State Board of Education and receives secondary credit from his or her high school with the goal of completing graduation and high school diploma requirements. (6) 'Secondary credit' means high school credit for courses taken at an eligible institution under the program. (b) Any eligible student may apply to an eligible institution to take courses at or through that institution which are approved for secondary credit pursuant to subsection (d) of this Code section. If accepted at an eligible institution, such eligible student may take any such approved course at that institution, whether or not the course is taught during the regular public school day, and receive secondary credit therefor under the

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663

conditions provided in this Code section. An eligible institution which accepts an eligible student authorized to apply for enrollment under the program shall not receive any state funds for that student unless such institution complies with the requirements of this Code section regarding eligible institutions. (c) The department shall develop appropriate forms and counseling guidelines for the program and shall make such forms and guidelines available to local school systems and eligible institutions. No later than the first day of April each year, each local school system shall provide general information about the program, including such forms, to all its tenth and eleventh grade students. A local school system shall also provide counseling services in accordance with the counseling guidelines provided by the department to such students and their parents or guardians before the students enroll in the program. Prior to participating in the program, the student and the student's parent or guardian shall sign the form provided by the school system or by an eligible institution stating that they have received the counseling specified in this subsection and that they understand the responsibilities that shall be assumed in participating in the program.
(d)(1) A local school system shall grant academic credit to an eligible student enrolled in a course in an eligible institution if that course has been approved by the State Board of Education and if such student successfully completes that course. The State Board of Education shall approve any such course which is substantially comparable to a state approved course. The secondary credit granted shall be for the comparable course and course hours approved by the State Board of Education. Upon completion of an eligible institution's approved course, the eligible student shall be responsible for requesting that the institution notify the student's local school system regarding his or her grade in that course. (2) Secondary school credits granted for eligible institution courses under paragraph (1) of this subsection shall be counted toward State Board of Education graduation requirements and subject area requirements of the local school system. Evidence of successful completion of each course and secondary credits granted shall be included in the eligible student's secondary school records. (3) The State Board of Education shall establish rules to require local school systems to award a high school diploma to any eligible student who is enrolled at an eligible institution under the program as long as the credit earned at such institution satisfies course requirements needed for the eligible student to complete high school graduation. The department shall consult the Board of Regents of the University System of Georgia and the State Board of Technical and Adult Education in developing rules and regulations to be recommended to the State Board of Education for approval regarding the eligibility criteria for program participation. (e)(1) The department shall pay to eligible institutions through appropriation of state funds the lesser of the following amounts for each participating eligible student enrolled therein, less a records fee of $200.00 for administration costs of the local school system:

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(A) The actual cost of tuition, materials, and fees directly related to the courses taken by the eligible student at such institution; or (B) The amount that the participating eligible student would have earned under this article if he or she had been in equivalent instructional programs in the local school system. (2) The total allotment of state funds to the local school system in which a participating student is enrolled at an eligible institution pursuant to this Code section shall be calculated as otherwise provided in this article with an ensuing reduction equivalent to the amount of state funds appropriated to such eligible institution pursuant to this subsection. (3) The records fee contained in paragraph (1) of this subsection may be increased by the State Board of Education annually, at the board's sole discretion. (4) An eligible institution shall not charge an eligible student for coursework taken pursuant to this program and shall accept the payment made pursuant to paragraph (1) of this subsection as full payment for such eligible student. (f) The State Board of Education shall establish rules and regulations relating to applicable state and federal testing requirements for eligible students participating in the program. (g) An eligible student enrolled in an eligible institution for secondary credit shall not be eligible for any other state student financial aid at an eligible institution for courses taken under the program. (h) Hours for courses taken at an eligible institution pursuant to this Code section by a participating eligible student shall not count against any maximum hourly caps which may be applicable for purposes of HOPE scholarships or grants. (i) 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 eligible institution to obtain wrongfully any payment under this Code section shall be guilty of a misdemeanor."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Jones of the 46th moves to amend the House Committee on Education substitute to HB 149 (LC 33 2933S) by inserting after "State Board of Education" on line 88 the following:
by up to 4 percent
The Committee substitute, as amended, was adopted.

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665

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 E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks N 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, D Y Collins, T Y Cooper Y Cox

Y Crawford N Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen
Keown E Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May
Mayo Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice E Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp E Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor
Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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, as amended, the ayes were 154, nays 6.

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

Representatives Johnson of the 37th, Keown of the 173rd, and Mayo of the 91st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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HB 50. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A BILL to be entitled an Act to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, so as to provide for certain notification requirements when a death occurs in a different county than where the acts or events resulting in the death occurred; 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 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, so as to provide for certain notification requirements when a death occurs in a different county than where the acts or events resulting in the death occurred; 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 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, is amended by revising subsection (f) of Code Section 45-16-22, relating to medical examiners' inquiries, as follows:
"(f) When death occurs in a hospital as a direct result and consequence of acts or events taking place in a county other than the one in which such death occurs, the body shall be returned to the county in which such acts or events took place. The hospital shall immediately notify the coroner or the county medical examiner of the county in which the acts or events resulting in the death occurred. When a dead body is found in a county in which the acts or events leading to death did not occur, it shall be returned to the county in which the acts or events did occur, if known. The coroner or local county medical examiner of the county in which such acts or events took place shall assume jurisdiction and the medical examiner's inquiry, if any performed, shall be paid for from funds of the county in which such acts or events took place."
SECTION 2. Said article is further amended by revising subsection (a) of Code Section 45-16-24, relating to notification of suspicious or unusual deaths, as follows:
"(a) When any person dies in any county in this state: (1) As a result of violence; (2) By suicide or casualty;

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(3) Suddenly when in apparent good health; (4) When unattended by a physician; (5) In any suspicious or unusual manner, with particular attention to those persons 16 years of age and under; (6) After birth but before seven years of age if the death is unexpected or unexplained; (7) As a result of an execution carried out pursuant to the imposition of the death penalty under Article 2 of Chapter 10 of Title 17; (8) When an inmate of a state hospital or a state, county, or city penal institution; or (9) After having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission, it shall be the duty of any law enforcement officer or other person having knowledge of such death to notify immediately the coroner or county medical examiner of the county wherein in which the acts or events resulting in the death occurred or the body is found or death occurs. For the purposes of this Code section, no person shall be deemed to have died unattended when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31."

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 E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon E Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton

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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, D Y Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keen Y Keown E Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Taylor Teilhet
Y Thomas Y Thompson Y Walker Y Weldon 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 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 "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Stephenson of the 92nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 101. By Representatives Hamilton of the 23rd, Smith of the 129th, Everson of the 106th, Graves of the 12th, Glanton of the 76th and others:

A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the erection, placement, or maintenance of unlawful or unauthorized structures, so as to limit certain prohibitions upon advertising in or on transit agencies' vehicles and facilities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam E Abrams Y Allison Y Amerson

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler

E Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin Y Martin Y Maxwell

Y Rynders Y Scott, A Y Scott, M Y Sellier

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Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant
Buckner 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 Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C
Johnson, T Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown E Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham

May Y Mayo Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 156, nays 0.

Y Setzler Shaw
Y Sheldon E Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R E Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor
Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Wix Y Yates Richardson, Speaker

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

Representatives Johnson of the 37th and Maddox of the 172nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 477. By Representative Richardson of the 19th:

A RESOLUTION recognizing the vital role the manufacturing industry plays in the American economy and requesting that the United States Congress support legislative efforts to invest in the manufacturing sector, including the domestic auto industry; and for other purposes.

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HR 478. By Representatives Beasley-Teague of the 65th, Hugley of the 133rd, Smyre of the 132nd, Sinkfield of the 60th, Chambers of the 81st and others:
A RESOLUTION recognizing and commending the National Foundation for Women Legislators, the National Association of Attorneys General, and Liz Claiborne's "Love is Not Abuse" campaign; and for other purposes.
HR 479. By Representatives Beasley-Teague of the 65th, Hugley of the 133rd, Smyre of the 132nd, Sinkfield of the 60th, Brooks of the 63rd and others:
A RESOLUTION commending the National Organization of Black Elected Legislative Women and its National Leadership Institute; and for other purposes.
HR 480. By Representatives Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th, Day of the 163rd, Stephens of the 164th and others:
A RESOLUTION recognizing and commending Michael Henderson; and for other purposes.
HR 481. By Representatives Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th, Day of the 163rd, Stephens of the 164th and others:
A RESOLUTION recognizing and commending the Alfred Ely Beach High School Chorus; and for other purposes.
HR 482. By Representatives Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th, Day of the 163rd, Stephens of the 164th and others:
A RESOLUTION recognizing and commending Parent University; and for other purposes.
HR 483. By Representatives Parrish of the 156th, Richardson of the 19th, Lane of the 158th, Morris of the 155th, Channell of the 116th and others:
A RESOLUTION honoring the life and memory of Dr. Michael Guido; and for other purposes.
HR 484. By Representatives Collins of the 27th, Mills of the 25th and Rogers of the 26th:
A RESOLUTION recognizing and commending Marie and Bryan Lance and their award-winning dog, "Stitch"; and for other purposes.

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671

HR 485. By Representative Smith of the 70th:
A RESOLUTION recognizing and commending the Driftwood Garden Club; and for other purposes.
HR 486. By Representative Smith of the 70th:
A RESOLUTION recognizing and commending the Newnan Reading Circle on the occasion of its 100th anniversary; and for other purposes.
HR 487. By Representatives Buckner of the 130th, Ashe of the 56th, Hanner of the 148th, Smyre of the 132nd, Hugley of the 133rd and others:
A RESOLUTION honoring the life and memory of Mrs. Margaret "Bunny" Thomas Sullivan; and for other purposes.
HR 488. By Representatives Black of the 174th, Carter of the 175th and Shaw of the 176th:
A RESOLUTION recognizing and commending Hahira Middle School for being designated as a Georgia Lighthouse School to Watch in 2009; and for other purposes.
HR 489. By Representatives Stephens of the 164th, Parrish of the 156th, Coan of the 101st, Horne of the 71st and Wilkinson of the 52nd:
A RESOLUTION recognizing and commending Vienna International Exchange; and for other purposes.
HR 490. By Representatives Stephens of the 164th, Parrish of the 156th, Coan of the 101st, Burkhalter of the 50th, Horne of the 71st and others:
A RESOLUTION recognizing and commending Ms. Renate Brauner; and for other purposes.
HR 491. By Representative Taylor of the 55th:
A RESOLUTION recognizing the 90th anniversary of Washington Park in Atlanta, Georgia; and for other purposes.
Representative Day of the 163rd District, Chairman of the Committee on Public Safety and Homeland Security, submitted the following report:
Mr. Speaker:

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Your Committee on Public Safety and Homeland Security has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 160 Do Pass HB 422 Do Pass, by Substitute

Respectfully submitted, /s/ Day of the 163rd
Chairman

Representative Maxwell of the 17th 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 371 HB 465 HB 476

Do Pass, by Substitute Do Pass Do Pass

HB 477 HB 487 HB 488

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Maxwell of the 17th
Chairman

Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

SB 39 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 129th
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 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, February 26, 2009

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 E Abrams
Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Burkhalter Burns Butler Carter, A Carter, B Casas Chambers Channell Cheokas Coan Collins, D Collins, T Cooper

Cox Crawford Davis, H Dawkins-Haigler Dempsey Dickson Dobbs Dollar Dooley Dukes Ehrhart England Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Harden, B Heard E Heckstall E Henson

Hill, C Holt Horne Houston Howard E Hudson Hugley Jackson Jacobs James Jerguson Johnson, T Jones, J Jones, S Kaiser Keen Keown E Knight Knox Lane, B Lane, R Levitas Lindsey Long Lunsford Maddox, B Maddox, G Mangham Manning Marin

Maxwell May Mayo McCall McKillip Meadows E Millar Mills Mitchell E Morgan Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Peake Porter Powell, J Pruett Ralston E Randall Reese Rice Roberts Rogers Rynders

Scott, A Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, C Smith, B Smith, L Smith, R Smith, T Smith, V Stephens, M Stephens, R E Stephenson Talton Thomas Thompson 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 Byrd of the 20th, Cole of the 125th, Coleman of the 97th, Davis of the 109th, Day of the 163rd, Drenner of the 86th, Floyd of the 99th, Golick of the 34th, Harden of the 28th, Hatfield of the 177th, Hembree of the 67th, Hill of the 180th, Johnson of the 75th, Jordan of the 77th, Loudermilk of the 14th, Lucas of the 139th, Martin of the 47th, Powell of the 29th, Ramsey of the 72nd, Reece of the 11th, Sinkfield of the 60th, Smyre of the 132nd, Taylor of the 55th, and Teilhet of the 40th.

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They wish to be recorded as present.
Prayer was offered by Pastor Scott Armstrong, Atlanta Eastside Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 564. By Representatives McCall of the 30th and Benton of the 31st:
A BILL to be entitled an Act to provide a new charter for the City of Nicholson; 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,

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rules, and procedures; to provide for ordinances and codes; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 565. By Representatives Howard of the 121st and Parham of the 141st:
A BILL to be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Commission for the Blind and the Visually Impaired; to provide for a short title; to provide for legislative intent; to provide for the composition and appointment of commission members; to provide for an executive director; to provide for duties; to provide for an annual report; to provide for a complaint process; to specify the powers and duties of the commission, transferring functions otherwise assigned; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HB 566. 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 an evaluation of a blind or visually impaired child to determine such child's need for Braille instruction; to require Braille instruction in the individualized education program of a blind or visually impaired student; to provide requirements for textbook publishers relating to Braille instructional materials; to provide license requirements relating to Braille for certain teachers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 567. By Representatives Parsons of the 42nd and Willard of the 49th:
A BILL to be entitled an Act to amend Chapter 17 of Title 17 of the Official Code of Georgia Annotated, relating to the "Crime Victims' Bill of Rights," so as to change certain provisions relating to the rights of crime victims; to clarify the rights of crime victims and the method for notifying victims in certain proceedings; to provide for proceedings for the enforcement of such rights; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 568. By Representative Parsons of the 42nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to provide that members of the Public Service Commission shall represent the entire state and be elected state wide; to change the term and manner of the election of the chairperson of the commission; to provide for the election of other officers; to provide for the establishment of rules by the commission as to quorum, attendance, and other matters; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 569. By Representatives Scott of the 153rd and Oliver of the 83rd:
A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide certain requirements for the identification of campaign communications, advertising, and literature; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 570. By Representatives Ralston of the 7th and Allison of the 8th:
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 permits to kill deer causing damage to crops; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 571. By Representatives Ralston of the 7th, Keen of the 179th and Golick of the 34th:
A BILL to be entitled an Act to change and enact provisions of law relating to classification of sexual offenders, sexual offender registration, and restrictions on sexual offenders' residences, workplaces, and activities; to amend Code Section 5-6-35 of the O.C.G.A., relating to appeals requiring an application for appeal, so as to make such Code section applicable to appeals reviewing a decision of the Sexual Offender Registration Review Board; to

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amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedures for sentencing in criminal cases, so as to provide that, classification shall be by the sentencing court rather than the Sexual Offender Registration Review Board; to amend Article 2 of Chapter 1 of Title 42 of the O.C.G.A., relating to classification and registration of sexual offenders and regulation of the conduct of such offenders, so as to revise provisions relating to registration; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 572. By Representatives Ralston of the 7th, Levitas of the 82nd, Bearden of the 68th and Collins of the 27th:
A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 and Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment and the issuance, expiration, and renewal of drivers' licenses, respectively, so as to provide that any person convicted of a felony offense shall have such conviction demarcated on his or her driver's license for the length of his or her sentence; to provide for procedure; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for license suspension 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 573. By Representative Marin of the 96th:
A BILL to be entitled an Act to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on school property, so as to provide a punishment for persons who deliberately and with intention aforethought possess a weapon at such places; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 574. 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 575. By Representatives Golick of the 34th, Ramsey of the 72nd, Levitas of the 82nd, Bearden of the 68th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 576. By Representatives Oliver of the 83rd, Mosby of the 90th, Henson of the 87th, Stephenson of the 92nd, Benfield of the 85th and others:
A BILL to be entitled an Act to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, so as to revise certain provisions relating to mandatory attendance; to require new residents in a local school system to enroll a child within 30 days; to provide for reporting violations of mandatory attendance requirements; to provide that a local school system official who fails to make certain reports is guilty of a misdemeanor; to provide that a person who fails to enroll a child is guilty of a misdemeanor; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 577. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), as amended, so as to provide for

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compensation of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 578. By Representatives Stephens of the 164th and McCall of the 30th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to wells and drinking water, so as to change certain provisions relating to permits to withdraw, obtain, or use ground water; to change certain provisions relating to permits for operation of public water systems and performance bonds; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 579. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant relative to residential and general contractors, so as to provide for eligibility for licensure without examination under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Special Rules.
HB 580. By Representatives Allison of the 8th, Willard of the 49th, Ralston of the 7th, Powell of the 171st and Weldon of the 3rd:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue, so as to provide definitions; to provide a uniform venue provision in certain proceedings involving the constitutionality of certain provisions of law; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 581. By Representatives Coan of the 101st, May of the 111th, Horne of the 71st, Marin of the 96th, Reese of the 98th and others:

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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 protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to establish a credit to employers for hiring unemployment claimants; to provide for the Georgia Works program to assist recipients of unemployment compensation in obtaining new job skill training; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 582. By Representatives Willard of the 49th, Lindsey of the 54th, Manning of the 32nd, Hamilton of the 23rd, Porter of the 143rd and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to mandate a minimum age for the prosecution of the offenses of prostitution and masturbation for hire; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 583. By Representatives Shaw of the 176th, Carter of the 175th and Black of the 174th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Valdosta, approved April 19, 2000 (Ga. L. 2000, p. 4025), as amended, so as to revise the corporate limits of said municipality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 584. By Representative Powell of the 171st:
A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for Mitchell County, approved March 25, 1996 (Ga. L. 1996, p. 3700); to specify the vehicle registration period for Mitchell County; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 585. By Representatives Rogers of the 26th, Jerguson of the 22nd, Shaw of the 176th and Sims of the 169th:
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 a contingent effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 586. By Representatives Casas of the 103rd, Stephens of the 164th, Rogers of the 26th, Martin of the 47th and Greene of the 149th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, so as to provide for a procedure for a county, municipality, or other political subdivision to acquire property for an airport, landing, or expansion of an airport; to provide that certain exemptions from ad valorem taxation shall not be applicable to a county, municipality, or political subdivision owning a certain percentage of the total land area of another county or municipality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HB 587. By Representatives Levitas of the 82nd, Lindsey of the 54th, McCall of the 30th, Peake of the 137th, Jerguson of the 22nd and others:
A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for the comprehensive revision of the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HR 471. By Representatives Smith of the 70th, McCall of the 30th, Roberts of the 154th, Hanner of the 148th, England of the 108th and others:

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A RESOLUTION requesting that the Congress of the United States oppose legislative efforts to expand the reach and scope of the Clean Water Act; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 472. By Representative Maddox of the 127th:
A RESOLUTION honoring the life of Shi Gray Holmes and dedicating a highway in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 473. By Representative Maddox of the 127th:
A RESOLUTION dedicating the Pike County Veterans Memorial Highway in honor of the military veterans of Pike County; and for other purposes.
Referred to the Committee on Transportation.
HR 474. By Representative Maddox of the 127th:
A RESOLUTION honoring the life of Georgia State Patrol Trooper Tony M. Lumley and dedicating a highway in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 475. By Representative Maddox of the 127th:
A RESOLUTION honoring the life of Donnie Dickens and dedicating a highway in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 476. By Representative Epps of the 128th:
A RESOLUTION celebrating the life of W. F. Gay and dedicating a road in his memory; and for other purposes.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:

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HB 605. By Representatives Ralston of the 7th and Keen of the 179th:

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 enact the "Transforming Transportation Investment Act"; to abolish the State Road and Tollway Authority; to create the State Transportation Agency and the State Transportation Authority; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to abolish said authority; to correct crossreferences; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

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

HB 534 HB 535 HB 536 HB 537 HB 538 HB 539 HB 540 HB 541 HB 542 HB 543 HB 544 HB 545 HB 546 HB 547 HB 548 HB 549 HB 550 HB 551 HB 552 HB 553 HB 554 HB 555

HB 556 HB 557 HB 558 HB 559 HB 560 HB 561 HB 562 HB 563 HR 440 HR 441 HR 442 HR 443 HR 470 SB 20 SB 30 SB 38 SB 76 SB 79 SB 89 SB 105 SB 120

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

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Mr. Speaker:

Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolutions 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 310 Do Pass, by Substitute

HR 337 Do Pass, by Substitute HR 338 Do Pass, by Substitute

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 296 Do Pass HR 297 Do Pass

HR 320 Do Pass HR 445 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 House and has instructed me to report the same back to the House with the following recommendations:

HB 344 Do Pass, by Substitute HB 464 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 THURSDAY, FEBRUARY 26, 2009

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685

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 24th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

HB 169 SB 31

Natural Resources, Department of; proposed new or revised flood elevations; require notice (SP&CA-Carter-159th) Georgia Nuclear Energy Financing Act; procedure for changing any rate, charge, classification, service (EU&T-Harbin-118th) Balfour-9th

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 23. By Senators Hawkins of the 49th, Pearson of the 51st, Murphy of the 27th, Butterworth of the 50th, Thomas of the 54th and others:

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A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to provide that the failure to use safety belts may be considered evidence of causation, negligence, and contributory negligence; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 59. By Senators Staton of the 18th, Heath of the 31st, Powell of the 23rd, Orrock of the 36th, Douglas of the 17th and others:
A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to Internet and electronic mail fraud, so as to provide definitions; to prohibit a person from using certain computers to relay or retransmit commercial e-mail messages with the intent to deceive or mislead recipients or an e-mail service provider under certain circumstances; to prohibit a person from materially falsifying header information in commercial e-mail messages under certain circumstances; to prohibit a person from registering for e-mail accounts or domain names under certain circumstances; to provide for criminal and civil penalties; to provide for forfeiture; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 84. By Senators Heath of the 31st, Williams of the 19th, Cowsert of the 46th, Rogers of the 21st, Johnson of the 1st 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 revise provisions relating to eligibility for election as a local board of education member; to provide for legislative findings; to limit the size of local boards of education; to revise provisions relating to per diem and expenses of local board of education members; to revise certain provisions relating to the secretary of local boards of education; to provide for the fundamental roles of local boards of education and local school superintendents; to prohibit certain conflicts of interest of board members; to provide for a code of ethics for local board of education members; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 95. By Senators Unterman of the 45th, Thomas of the 54th, Chapman of the 3rd, Butler of the 55th and Tate of the 38th:
A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to establish that it is an unfair trade practice to fail to consider the suitability of insurance for a person 65

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years of age or older; to provide for requirements for the solicitation, negotiation, and procurement of annuity contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 97. By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th:
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change the designation of the State Merit System of Personnel Administration to the State Personnel Administration; to repeal conflicting laws; and for other purposes.
SB 98. By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th:
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 certain references to the State Merit System of Personnel Administration to the State Personnel Administration; to repeal conflicting laws; and for other purposes.
SB 104. By Senators Wiles of the 37th, Thomas of the 54th and Unterman of the 45th:
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 amend certain definitions; to change certain provisions relating to the two levels of cosmetic laser services licenses; to provide the Composite State Board of Medical Examiners with the authority to waive certain requirements as to certain facilities; to provide for the license and expertise requirements of at least one member of the advisory committee; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
SB 123. By Senators Hawkins of the 49th, Murphy of the 27th, Hudgens of the 47th, Thomas of the 54th, Williams of the 19th 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 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 require a surety bond; to provide that a pharmacy benefits

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manager shall not engage in the practice of medicine; to make certain audit requirements applicable to pharmacy benefits managers; to provide that a pharmacy benefits manager shall not have to be licensed as an administrator; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 133. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th 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 provide for certain compensation that may be received by a health care provider for purposes of sovereign immunity protection; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 154. By Senators Harp of the 29th, Hamrick of the 30th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 92), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4254), so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 373. By Representatives Hamilton of the 23rd, Amerson of the 9th and Knox of the 24th:
A BILL to be entitled an Act to amend an Act providing for the Board of Education of Forsyth County, approved March 24, 1992 (Ga. L. 1992, p. 5052), as amended, so as to provide for the election of the members of the board of education by district; to provide 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 378. By Representatives Hamilton of the 23rd, Amerson of the 9th and Knox of the 24th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners for Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved April 25, 2002

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(Ga. L. 2002, p. 4924), so as to provide that members of the board of commissioners shall be elected by the voters of their respective districts; to provide 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.

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

SB 23.

By Senators Hawkins of the 49th, Pearson of the 51st, Murphy of the 27th, Butterworth of the 50th, Thomas of the 54th and others:

A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to provide that the failure to use safety belts may be considered evidence of causation, negligence, and contributory negligence; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 59.

By Senators Staton of the 18th, Heath of the 31st, Powell of the 23rd, Orrock of the 36th, Douglas of the 17th and others:

A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to Internet and electronic mail fraud, so as to provide definitions; to prohibit a person from using certain computers to relay or retransmit commercial e-mail messages with the intent to deceive or mislead recipients or an e-mail service provider under certain circumstances; to prohibit a person from materially falsifying header information in commercial e-mail messages under certain circumstances; to prohibit a person from registering for e-mail accounts or domain names under certain circumstances; to provide for criminal and civil penalties; 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.

SB 84.

By Senators Heath of the 31st, Williams of the 19th, Cowsert of the 46th, Rogers of the 21st, Johnson of the 1st 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,

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so as to revise provisions relating to eligibility for election as a local board of education member; to provide for legislative findings; to limit the size of local boards of education; to revise provisions relating to per diem and expenses of local board of education members; to revise certain provisions relating to the secretary of local boards of education; to provide for the fundamental roles of local boards of education and local school superintendents; to prohibit certain conflicts of interest of board members; to provide for a code of ethics for local board of education members; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 95.

By Senators Unterman of the 45th, Thomas of the 54th, Chapman of the 3rd, Butler of the 55th and Tate of the 38th:

A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to establish that it is an unfair trade practice to fail to consider the suitability of insurance for a person 65 years of age or older; to provide for requirements for the solicitation, negotiation, and procurement of annuity contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

SB 97.

By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th:

A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change the designation of the State Merit System of Personnel Administration to the State Personnel Administration; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SB 98.

By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th:

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 certain references to the State Merit System of Personnel Administration to the State Personnel Administration; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

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691

SB 104. By Senators Wiles of the 37th, Thomas of the 54th and Unterman of the 45th:
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 amend certain definitions; to change certain provisions relating to the two levels of cosmetic laser services licenses; to provide the Composite State Board of Medical Examiners with the authority to waive certain requirements as to certain facilities; to provide for the license and expertise requirements of at least one member of the advisory committee; 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 Health & Human Services.
SB 123. By Senators Hawkins of the 49th, Murphy of the 27th, Hudgens of the 47th, Thomas of the 54th, Williams of the 19th 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 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 require a surety bond; to provide that a pharmacy benefits manager shall not engage in the practice of medicine; to make certain audit requirements applicable to pharmacy benefits managers; to provide that a pharmacy benefits manager shall not have to be licensed as an administrator; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 133. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th 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 provide for certain compensation that may be received by a health care provider for purposes of sovereign immunity protection; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.

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SB 154. By Senators Harp of the 29th, Hamrick of the 30th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 92), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4254), so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit; 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.
The following members were recognized during the period of Morning Orders and addressed the House:
Keen of the 179th, Porter of the 143rd, Taylor of the 55th, Maddox of the 172nd, Kaiser of the 59th, and Cheokas of the 134th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 296. By Representatives Barnard of the 166th, Lunsford of the 110th, Day of the 163rd and Martin of the 47th:
A RESOLUTION recognizing and commending Sergeant First Class Scott Short and inviting him to appear before the House of Representatives; and for other purposes.
HR 297. By Representatives Barnard of the 166th, Lunsford of the 110th, Day of the 163rd and Martin of the 47th:
A RESOLUTION recognizing and commending Mr. Ralph E. Sheppard and inviting him to appear before the House of Representatives; and for other purposes.
HR 320. By Representative Cheokas of the 134th:
A RESOLUTION commending the Southland Academy High School Raiders 200-yard freestyle relay swim team and inviting them to appear before the House of Representatives; and for other purposes.

THURSDAY, FEBRUARY 26, 2009

693

HR 445. By Representatives Hill of the 180th, Brooks of the 63rd, Coleman of the 97th and Williams of the 165th:

A RESOLUTION commending Dr. Liz Jordan and inviting her to appear before the House of Representatives; and for other purposes.

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

SB 31.

By Senators Balfour of the 9th, Tarver of the 22nd, Rogers of the 21st, Powell of the 23rd, Tolleson of the 20th and others:

A BILL to be entitled an Act to enact the "Georgia Nuclear Energy Financing Act"; to amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to the procedure for changing any rate, charge, classification, or service, so as to provide for a utility to recover from its customers the costs of financing associated with the construction of a nuclear generating plant; to provide a short title; to provide for the calculation and collection of the financing costs; to provide for review by the Georgia Public Service Commission as to whether the costs recovered are being properly recorded; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Hatfield of the 177th moved that SB 31 be recommitted to the Committee on Rules.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam E Abrams Y Allison N Amerson N Anderson Y Ashe Y Austin
Baker N Barnard N Battles N Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Brooks Y Bruce N Bryant Y Buckner

Y Crawford N Davis, H N Davis, S N Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs
Dollar Y Dooley N Drenner N Dukes N Ehrhart N England N Epps, C
Epps, J N Everson Y Floyd Y Fludd

N Heckstall N Hembree Y Henson
Hill, C N Hill, C.A N Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs E James N Jerguson N Johnson, C Y Johnson, T N Jones, J Y Jones, S

N Manning Y Marin N Martin N Maxwell N May N Mayo N McCall N McKillip
Meadows N Millar
Mills Y Mitchell Y Morgan N Morris N Mosby N Murphy N Neal N Nix Y Oliver

N Rynders Y Scott, A Y Scott, M N Sellier N Setzler N Shaw N Sheldon Y Shipp
Sims, B N Sims, C Y Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V N Smyre N Stephens, M
Stephens, R

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N Burkhalter N Burns N Butler
Byrd N Carter, A N Carter, B
Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins, D Y Collins, T Y Cooper N Cox

N Franklin N Frazier N Fullerton Y Gardner N Geisinger N Glanton Y Golick Y Gordon N Graves E Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M Y Hatfield N Heard

N Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas
Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B
Maddox, G Y Mangham

On the motion, the ayes were 44, nays 116.

N O'Neal Y Parham N Parrish N Parsons N Peake N Porter Y Powell, A N Powell, J N Pruett Y Ralston N Ramsey N Randall
Reece Y Reese N Rice N Roberts N Rogers

E Stephenson E Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker N Weldon N Wilkinson N Willard N Williams, A
Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

The motion was lost.

Representative Cooper of the 41st stated that she inadvertently voted "aye" on the preceding roll call. She 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:

N Abdul-Salaam E Abrams N Allison Y Amerson Y Anderson N Ashe N Austin E Baker Y Barnard Y Battles N Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns

N Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler N Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley Y Drenner N Dukes Y Ehrhart Y England Y Epps, C N Epps, J Y Everson N Floyd N Fludd N Franklin Y Frazier

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne N Houston Y Howard Y Hudson N Hugley N Jackson N Jacobs Y James Y Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S Y Jordan N Kaiser

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

N Rynders N Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre N Stephens, M
Stephens, R E Stephenson Y Talton

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N 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, D N Collins, T Y Cooper Y Cox

Y Fullerton N Gardner Y Geisinger Y Glanton N Golick N Gordon Y Graves E Greene Y Hamilton N Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Keen Y Keown Y Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett N Ralston Y Ramsey Y Randall N Reece N Reese Y Rice Y Roberts N Rogers

On the passage of the Bill, the ayes were 107, nays 66.

N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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

Representative Keen of the 179th moved that SB 31 be immediately transmitted to the Senate.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam E Abrams N Allison Y Amerson Y Anderson N Ashe Y Austin
Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks
Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas N Chambers

N Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley Y Drenner
Dukes Y Ehrhart Y England Y Epps, C N Epps, J Y Everson N Floyd
Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton N Golick Y Gordon

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James Y Jerguson N Johnson, C N 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 Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills
Mitchell Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J

Y Rynders N Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre N Stephens, M
Stephens, R E Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon

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Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Graves E Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Levitas Y Lindsey N Long Y Loudermilk N Lucas
Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 120, nays 44.

Y Pruett Y Ralston Y Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

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

The motion prevailed.

Representative Baker of the 78th stated that 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 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 House and has instructed me to report the same back to the House with the following recommendations:

HB 436 Do Pass, by Substitute HB 460 Do Pass, by Substitute

Respectfully submitted, /s/ Amerson of the 9th
Chairman

The Speaker announced the House in recess until 2:00 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 495. By Representatives Dempsey of the 13th and Glanton of the 76th:
A RESOLUTION recognizing and commending Mr. Ken Irvin on his induction into the Rome-Floyd Sports Hall of Fame; and for other purposes.
HR 496. By Representatives McCall of the 30th, England of the 108th, Roberts of the 154th, Hanner of the 148th, Levitas of the 82nd and others:
A RESOLUTION commending the Georgia peanut industry and recognizing March 4, 2009, as Peanut Butter and Jelly Day at the Capitol; and for other purposes.
HR 497. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mrs. Beatrice C. Davis; and for other purposes.
HR 498. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mr. George Coleman; and for other purposes.
HR 499. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Ms. Victoria Viola Graves Rakestraw; and for other purposes.
HR 500. By Representatives Dempsey of the 13th and Loudermilk of the 14th:
A RESOLUTION recognizing and commending Ms. Martha Bryant on the occasion of her retirement; and for other purposes.
HR 501. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending the Gwinnett Choral Guild on the occasion of its 25th anniversary; and for other purposes.

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JOURNAL OF THE HOUSE

HR 502. By Representatives Mangham of the 94th, Neal of the 1st, Williams of the 165th, Walker of the 107th, Setzler of the 35th and others:
A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing March 3, 2009, as the eighth annual Clergy Day and the Georgia State Capitol; and for other purposes.
HR 503. By Representative Bryant of the 160th:
A RESOLUTION commending the Southern Christian Leadership Conference and recognizing the weekend of February 27-28, 2009, as Southern Christian Leadership Conference Weekend at the state capitol; and for other purposes.
HR 504. By Representatives Dempsey of the 13th and Glanton of the 76th:
A RESOLUTION recognizing and commending Mr. Jim Van Es on his induction into the Rome-Floyd Sports Hall of Fame; and for other purposes.
HR 505. By Representatives Dempsey of the 13th and Glanton of the 76th:
A RESOLUTION honoring Mr. Gary Tillman on his induction into the Rome-Floyd Sports Hall of Fame; and for other purposes.
HR 506. By Representatives Benfield of the 85th, Oliver of the 83rd, Ashe of the 56th, Gardner of the 57th and Drenner of the 86th:
A RESOLUTION honoring the life and memory of Mrs. Carolyn Hanna Wetzel; and for other purposes.
HR 507. By Representative Burkhalter of the 50th:
A RESOLUTION recognizing and commending Honorable Martin Rickerd, British Consul General; and for other purposes.
HR 508. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Lenwood Pickens; and for other purposes.
HR 509. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Barbara Jackson; and for other purposes.

THURSDAY, FEBRUARY 26, 2009

699

HR 510. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Lowell White III; and for other purposes.
HR 511. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Terrence Waller; and for other purposes.
HR 512. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Craig Smith; and for other purposes.
HR 513. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Ralph Brown; and for other purposes.
HR 514. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Melanie Biersmith; and for other purposes.
HR 515. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Lydia Ivanditti; and for other purposes.
HR 516. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Joanie Maddox; and for other purposes.
HR 517. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Bob Ritchason; and for other purposes.
HR 518. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Rae Hubert; and for other purposes.

700

JOURNAL OF THE HOUSE

HR 519. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Patrick Hill; and for other purposes.
HR 520. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Trudy Rowland; and for other purposes.
HR 521. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Diane Veal; and for other purposes.
HR 522. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Marty Phillips; and for other purposes.
HR 523. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Matt Hammons; and for other purposes.
HR 524. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Laura Gailey; and for other purposes.
HR 525. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Angelica Dennis; and for other purposes.
HR 526. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Bryce McCuin; and for other purposes.
HR 527. By Representative Channell of the 116th:
A RESOLUTION commending a future leader, Richard Adams; and for other purposes.

THURSDAY, FEBRUARY 26, 2009

701

HR 528. By Representative Channell of the 116th:

A RESOLUTION commending a future leader, Shona Bales; and for other purposes.

HR 529. By Representative Channell of the 116th:

A RESOLUTION commending a future leader, Vicky Campbell; and for other purposes.

HR 530. By Representative Channell of the 116th:

A RESOLUTION commending a future leader, Don Adams; and for other purposes.

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

Abdul-Salaam E Abrams
Allison Y Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell
Cheokas Y Coan
Cole Y Coleman

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey
Dickson Dobbs Y Dollar Y Dooley Drenner Dukes Y Ehrhart Y England Epps, C Y Epps, J Y Everson Y Floyd Fludd N Franklin Y Frazier Y Fullerton Gardner Geisinger Y Glanton Golick Gordon Graves E Greene Y Hamilton Y Hanner Y Harbin

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs
James Y Jerguson Y Johnson, C
Johnson, T Y Jones, J
Jones, S Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Lucas

Y Manning Marin
Y Martin Maxwell May Mayo
Y McCall Y McKillip Y Meadows Y Millar
Mills Mitchell Y Morgan Y Morris Y Mosby Y Murphy Neal Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Ralston Ramsey Randall Reece

Y Rynders Y Scott, A
Scott, M Y Sellier
Setzler Shaw Y Sheldon Shipp E Sims, B Y Sims, C E Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre Stephens, M Y Stephens, R E Stephenson Talton Y Taylor Teilhet Thomas Y Thompson Walker Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M

702

JOURNAL OF THE HOUSE

Y Collins, D Y Collins, T
Cooper Y Cox

Y Harden, B Y Harden, M Y Hatfield
Heard

Y Lunsford Y Maddox, B E Maddox, G Y Mangham

Y Reese Rice
Y Roberts Y Rogers

On the adoption of the Resolutions, the ayes were 113, nays 1.

Williams, R Wix Yates Richardson, Speaker

The Resolutions were adopted.

Representatives Dobbs of the 53rd, Gordon of the 162nd, and Stephens of the 161st stated that 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 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd:

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; 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
Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden Y Beasley-Teague

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey
Dickson Y Dobbs Y Dollar Y Dooley
Drenner Y Dukes

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson

Y Manning Y Marin Y Martin
Maxwell May Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell

Y Rynders Y Scott, A
Scott, M Y Sellier
Setzler Shaw Y Sheldon Shipp E Sims, B Y Sims, C E Sinkfield Smith, B

THURSDAY, FEBRUARY 26, 2009

703

Benfield Y Benton Y Black 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
Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves E Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jacobs Y James Y Jerguson Y Johnson, C
Johnson, T Y Jones, J
Jones, S Jordan Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham

Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 141, nays 2.

Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson
Talton Y Taylor
Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Wix Y Yates Richardson, Speaker

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

Representatives Cole of the 125th, Jones of the 44th, Jordan of the 77th, Kaiser of the 59th, and Mayo of the 91st stated that 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 Reece of the 11th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, FEBRUARY 26, 2009

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

704

JOURNAL OF THE HOUSE

Open Rule

None

Modified Open Rule

HB 118

Supplemental appropriations; State Fiscal Year July 1, 2008 - June 30, 2009 (Substitute)(App-Richardson-19th)

Modified Structured Rule None

Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II).
The following Committee substitute was read:

A BILL

To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the general appropriations Act, approved May 14, 2008, as House Bill 990, Act No. 705, Ga. Laws 2008, Volume

THURSDAY, FEBRUARY 26, 2009

705

One, Book Two Appendix, commencing at Page 1 of 229, 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, 2008, and ending June 30, 2009, known as the general appropriations Act, approved May 14, 2008, as House Bill 990, Act No. 705, Ga. Laws 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229, 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, 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

$38,449,269,382

Federal Funds and Grants

$11,578,354,930

Temporary Assistance for Needy Families Block Grant

$342,826,967

Social Services Block Grant

$54,993,799

Child Care & Development Block Grant

$66,553,783

Foster Care Title IV-E

$80,598,796

Maternal and Child Health Services Block Grant

$20,877,386

Medical Assistance Program

$5,642,911,622

Preventive Health and Health Services Block Grant

$4,404,431

Community Mental Health Services Block Grant

$13,130,623

706

JOURNAL OF THE HOUSE

Prevention and Treatment of Substance Abuse Block Grant Federal Highway Administration Highway Planning & Construction State Children's Insurance Program Community Service Block Grant Low-Income Home Energy Assistance TANF Block Grant - Unobligated Balance CCDF Mandatory & Matching Funds TANF Transfers to Social Services Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Research Funds Records Center Storage Fee Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified Prior Year Funds - Other Prior Year funds State General Funds State Funds Lottery Funds Tobacco Funds Motor Fuel Funds Brain & 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 Federal Funds and Grants Other Funds State Funds

$62,808,011
$1,242,767,438
$253,038,815 $17,402,038 $24,910,040 $68,909,356 $94,424,439 $25,800,000 $3,561,997,386 $4,757,991,717 $2,113,654,953 $1,513,828,236
$435,771 $139,386,524 $443,371,555 $327,593,682 $219,720,996 $18,903,699,531 $880,152,075 $159,069,341 $1,027,529,868
$1,968,993 $16,834,979,254
$3,209,223,204 $2,696,623,364
$43,837,761 $128,959,599 $280,877,262
$58,925,218
$10,087,483 $0 $0
$10,087,483

THURSDAY, FEBRUARY 26, 2009

707

State General Funds Intra-State Government Transfers

$10,087,483 $0

1.1. Senate

Purpose: None

Total Funds

$6,761,195

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$6,761,195

State General Funds

$6,761,195

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,629,495

$7,629,495

Provide for an additional reduction to operations.

($128,877)

($128,877)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($280,378)

($280,378)

Reduce funding for personal services ($157,070) and operating expenses ($301,975).

($459,045)

($459,045)

Amount appropriated in this Act

$6,761,195

$6,761,195

1.2. Lieutenant Governor Purpose: None
Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$1,198,608 $0 $0
$1,198,608 $1,198,608
$0

708

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 (HB990)

$1,365,993

$1,365,993

Provide for an additional reduction to operations.

($23,082)

($23,082)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($63,009)

($63,009)

Reduce funding for personal services and operating expenses.

($81,294)

($81,294)

Amount appropriated in this Act

$1,198,608

$1,198,608

1.3. Secretary of the Senate's Office

Purpose: None

Total Funds

$1,188,125

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,188,125

State General Funds

$1,188,125

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 (HB990)

$1,334,397

$1,334,397

Provide for an additional reduction to operations.

($22,141)

($22,141)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($42,922)

($42,922)

Reduce funding for personal services ($43,709) and operating expenses ($37,500).

($81,209)

($81,209)

THURSDAY, FEBRUARY 26, 2009

709

Amount appropriated in this Act

$1,188,125

$1,188,125

1.4. Senate Budget and Evaluation Office

Purpose: Provide budget development and evaluation expertise to the State Senate.

Total Funds

$939,555

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$939,555

State General Funds

$939,555

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,072,306

$1,072,306

Provide for an additional reduction to operations.

($18,126)

($18,126)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($51,040)

($51,040)

Reduce funding for personal services ($30,085) and operating expenses ($33,500).

($63,585)

($63,585)

Amount appropriated in this Act

$939,555

$939,555

Section 2: Georgia House of Representatives Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers 2.1. Georgia House of Representatives Purpose: None
Total Funds Federal Funds and Grants

$17,579,244 $0 $0
$17,579,244 $17,579,244
$0
$17,579,244 $0

710

JOURNAL OF THE HOUSE

Other Funds

$0

State Funds

$17,579,244

State General Funds

$17,579,244

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$19,850,950

$19,850,950

Provide for an additional reduction to operations.

($266,604)

($266,604)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($814,095)

($814,095)

Reduce funding for personal services ($113,007) and operating expenses ($1,078,000).

($1,191,007) ($1,191,007)

Amount appropriated in this Act

$17,579,244

$17,579,244

Section 3: Georgia General Assembly Joint Offices Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$9,427,959 $0 $0
$9,427,959 $9,427,959
$0

3.1. Ancillary Activities Purpose: Provide services for the legislative branch of government.
Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$4,300,814 $0 $0
$4,300,814 $4,300,814
$0

THURSDAY, FEBRUARY 26, 2009

711

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,728,361

$4,728,361

Provide for an additional reduction to operations.

($90,005)

($90,005)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($53,831)

($53,831)

Reduce funding for personal services ($63,711) and operating expenses ($220,000).

($283,711)

($283,711)

Amount appropriated in this Act

$4,300,814

$4,300,814

3.2. Office of Legislative Counsel

Purpose: Provide bill-drafting services, advice, and counsel for members of the General Assembly.

Total Funds

$2,711,434

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,711,434

State General Funds

$2,711,434

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,104,807

$3,104,807

Provide for an additional reduction to operations.

($50,481)

($50,481)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective

($157,586)

($157,586)

712

JOURNAL OF THE HOUSE

March 1, 2009.
Reduce funding for personal services ($30,306) and operating expenses ($155,000).
Amount appropriated in this Act

($185,306) $2,711,434

($185,306) $2,711,434

3.3. 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

$2,415,711

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,415,711

State General Funds

$2,415,711

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,646,281

$2,646,281

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$46,497

$46,497

Provide for an additional reduction to operations.

($47,410)

($47,410)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($70,880)

($70,880)

Reduce funding for personal services ($268,777) and provide funding for operating expenses ($110,000).

($158,777)

($158,777)

Amount appropriated in this Act

$2,415,711

$2,415,711

Section 4: Audits and Accounts, Department of Total Funds Federal Funds and Grants

$30,506,203 $0

THURSDAY, FEBRUARY 26, 2009

713

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

$0 $30,506,203 $30,506,203
$0

4.1. Administration

Purpose: Provide administrative support to all department programs.

Total Funds

$1,429,568

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,429,568

State General Funds

$1,429,568

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 (HB990)

$1,729,799

$1,729,799

Defer state employees' salary increases effective January 1, 2009.

($138,384)

($138,384)

Provide for an additional reduction to operations.

$14,442

$14,442

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($99,301)

($99,301)

Reduce funding for personal services and operating expenses.

($76,988)

($76,988)

Amount appropriated in this Act

$1,429,568

$1,429,568

4.2. Audits and Assurance Services Purpose: Provide financial, performance, and information system audits.

Total Funds Federal Funds and Grants Other Funds

$26,966,432 $0 $0

714

JOURNAL OF THE HOUSE

State Funds

$26,966,432

State General Funds

$26,966,432

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$31,283,984

$31,283,984

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$24,166

$24,166

Defer state employees' salary increases effective January 1, 2009.

($203,707)

($203,707)

Provide for an additional reduction to operations.

($385,800)

($385,800)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($1,692,056) ($1,692,056)

Reduce funding for personal services and operating expenses.

($1,560,155) ($1,560,155)

Eliminate funding transferred in FY 2009 from the Office of Student Achievement to develop an auditing function for education funding formulas.

($500,000)

($500,000)

Amount appropriated in this Act

$26,966,432

$26,966,432

4.3. Legislative Services

Purpose: Provide information on retirement system services, promulgate statewide policies and procedures, and provide fiscal note services.

Total Funds

$115,272

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$115,272

State General Funds

$115,272

Intra-State Government Transfers

$0

THURSDAY, FEBRUARY 26, 2009

715

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$123,743

$123,743

Defer state employees' salary increases effective January 1, 2009.

($860)

($860)

Provide for an additional reduction to operations.

$4,900

$4,900

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($6,751)

($6,751)

Reduce funding for personal services and operating expenses.

($5,760)

($5,760)

Amount appropriated in this Act

$115,272

$115,272

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

$1,994,931

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,994,931

State General Funds

$1,994,931

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,289,648

$2,289,648

Defer state employees' salary increases effective January 1, 2009.

($11,117)

($11,117)

Provide for an additional reduction to operations.

($60,603)

($60,603)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to

($113,662)

($113,662)

716

JOURNAL OF THE HOUSE

1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.
Reduce funding for personal services and operating expenses.
Amount appropriated in this Act

($109,335) $1,994,931

($109,335) $1,994,931

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

$12,815,713 $0
$150,000 $150,000 $12,665,713 $12,665,713
$0

5.1. Court of Appeals

Purpose: Review and exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law.

Total Funds

$12,815,713

Federal Funds and Grants

$0

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$12,665,713

State General Funds

$12,665,713

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 (HB990)

$14,744,435

$14,894,435

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,648

$11,648

Defer state employees' salary increases effective January 1, 2009.

($159,151)

($159,151)

THURSDAY, FEBRUARY 26, 2009

717

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce computer charges by delaying the efiling initiative to allow court documents to be filed electronically.
Freeze funding appropriated in FY 2009 to replace the court's docket system to provide simultaneous access through electronic case files.
Reduce funding for operating expenses.
Reduce funding for personal services.
Freeze summer internship pay.
Amount appropriated in this Act

($811,979)

($811,979)

($283,558) ($45,329)
($147,900)

($283,558) ($45,329)
($147,900)

($230,970) ($356,183) ($55,300) $12,665,713

($230,970) ($356,183) ($55,300) $12,815,713

Section 6: Judicial Council 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

$17,578,141 $2,492,903 $2,492,903 $615,890 $350,390 $265,500
$14,469,348 $14,469,348
$0

6.1. Appellate Resource Center

Purpose: Provide representation to all death penalty sentenced inmates in habeas proceedings.

Total Funds

$528,963

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$528,963

718

JOURNAL OF THE HOUSE

State General Funds

$528,963

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$580,000

$580,000

Reduce funding for operating expenses.

($51,037)

($51,037)

Amount appropriated in this Act

$528,963

$528,963

6.2. Georgia Office of Dispute Resolution

Purpose: Oversee the development of court-connected alternative dispute resolution programs in Georgia.

Total Funds

$331,921

Federal Funds and Grants

$0

Other Funds

$172,890

Agency Funds

$172,890

State Funds

$159,031

State General Funds

$159,031

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$196,638

$369,528

Defer state employees' salary increases effective January 1, 2009.

($3,117)

($3,117)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($19,145)

($19,145)

Reduce funding for operating expenses.

($15,345)

($15,345)

Amount appropriated in this Act

$159,031

$331,921

6.3. Institute of Continuing Judicial Education

Purpose: Provide basic training and continuing education to elected officials, court support personnel, and volunteer agents of the judicial branch.

THURSDAY, FEBRUARY 26, 2009

719

Total Funds

$1,355,714

Federal Funds and Grants

$0

Other Funds

$177,500

Agency Funds

$177,500

State Funds

$1,178,214

State General Funds

$1,178,214

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 (HB990)

$1,298,000

$1,475,500

Defer state employees' salary increases effective January 1, 2009.

($6,105)

($6,105)

Reduce funding for operating expenses.

($113,681)

($113,681)

Amount appropriated in this Act

$1,178,214

$1,355,714

6.4. Judicial Council

Purpose: 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

$15,102,144

Federal Funds and Grants

$2,492,903

Federal Funds Not Specifically Identified

$2,492,903

Other Funds

$265,500

Other Funds - Not Specifically Identified

$265,500

State Funds

$12,343,741

State General Funds

$12,343,741

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 (HB990)

$13,971,643

$16,730,046

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,263

$11,263

720

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funding for operating expenses.
Amount appropriated in this Act

($73,828) ($380,925)

($73,828) ($380,925)

($376,880)
($807,532) $12,343,741

($376,880)
($807,532) $15,102,144

6.5. Judicial Qualifications Commission

Purpose: Discipline, remove, and cause involuntary retirement of judges.

Total Funds

$259,399

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$259,399

State General Funds

$259,399

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$299,040

$299,040

Defer state employees' salary increases effective January 1, 2009.

($2,226)

($2,226)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($12,386)

($12,386)

Reduce funding for operating expenses.

($25,029)

($25,029)

Amount appropriated in this Act

$259,399

$259,399

THURSDAY, FEBRUARY 26, 2009

721

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

$6,929,539 $447,456 $447,456 $0
$6,482,083 $6,482,083
$0

7.1. Council of Juvenile Court Judges

Purpose: Represent all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation.

Total Funds

$1,943,478

Federal Funds and Grants

$447,456

Federal Funds Not Specifically Identified

$447,456

Other Funds

$0

State Funds

$1,496,022

State General Funds

$1,496,022

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,705,599

$2,153,055

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,368

$2,368

Defer state employees' salary increases effective January 1, 2009.

($14,189)

($14,189)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($82,215)

($82,215)

Provide for an additional reduction to operations.

($18,540)

($18,540)

Reduce funding for operating expenses.

($97,001)

($97,001)

722

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$1,496,022

$1,943,478

7.2. Grants to Counties for Juvenile Court Judges

Purpose: Mandate payment of state funds to circuits to pay for juvenile court judges salaries.

Total Funds

$4,986,061

State Funds

$4,986,061

State General Funds

$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

$53,601,872 $0 $0
$51,799,745 $51,799,745
$1,802,127 $1,802,127

8.1. District Attorneys

Purpose: 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 Funds

$48,186,644

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$46,384,517

State General Funds

$46,384,517

Intra-State Government Transfers

$1,802,127

Other Intra-State Government Payments

$1,802,127

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$52,323,746

$54,090,792

Defer state employees' salary increases effective January 1, 2009.

($637,857)

($637,857)

THURSDAY, FEBRUARY 26, 2009

723

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funding for travel.
Defer steps and promotions for assistant district attorneys scheduled for FY 2009.
Implement a 13-day furlough of all state-paid staff other than the District Attorneys.
Provide funding to cover a shortfall in personal services for District Attorney staff.
Recognize change in DHR contract amount.
Amount appropriated in this Act

($3,207,216) ($3,207,216)

$0
($103,672) ($349,150)
($1,641,334)
$0
$0 $46,384,517

$0
($103,672) ($349,150)
($1,641,334)
$0
$35,081 $48,186,644

8.2. Prosecuting Attorneys Council

Purpose: Assist Georgia's District Attorneys and State Court Solicitors.

Total Funds

$5,415,228

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$5,415,228

State General Funds

$5,415,228

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 (HB990)

$6,957,949

$6,957,949

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,662

$1,662

Defer state employees' salary increases effective January 1, 2009.

($52,707)

($52,707)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to

($265,120)

($265,120)

724

JOURNAL OF THE HOUSE

1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Defer filling 4 vacant positions.
Reduce funding for operating expenses.
Defer funding appropriated in FY 2009 to purchase and replace obsolete computer equipment in District Attorney offices.
Reduce funding for Victim Services.
Implement a 13-day furlough of all staff.
Defer steps and promotions for staff attorneys scheduled for FY 2009.
Amount appropriated in this Act

$0
($632,353) ($160,879) ($208,125)
($25,735) ($187,889) ($11,575)
$5,415,228

$0
($632,353) ($160,879) ($208,125)
($25,735) ($187,889) ($11,575)
$5,415,228

Section 9: Superior Courts Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$56,106,568 $0 $0
$56,106,568 $56,106,568
$0

9.1. Council of Superior Court Clerks

Purpose: Assist superior court clerks throughout the state in the execution of their duties, and promote and assist in their training of the superior court clerks.

Total Funds

$376,208

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$376,208

State General Funds

$376,208

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

725

Amount from prior Appropriation Act (HB990)
Provide for an additional reduction to operations.
Reduce funding for the Judicial Data Exchange (JDX) project appropriated in FY 2009.
Amount appropriated in this Act

State Funds $1,751,550
($22,640)
($1,352,702)

Total Funds $1,751,550
($22,640)
($1,352,702)

$376,208

$376,208

9.2. Council of Superior Court Judges

Purpose: Enhance the improvement of the superior court and the administration of justice through leadership, training, policy development, and budgetary and fiscal administration.

Total Funds

$1,292,924

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,292,924

State General Funds

$1,292,924

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 (HB990)

$1,483,201

$1,483,201

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($65,197)

($65,197)

Provide for an additional reduction to operations.

($40,000)

($40,000)

Reduce funding for personal services and operating expenses.

($85,080)

($85,080)

Amount appropriated in this Act

$1,292,924

$1,292,924

9.3. Judicial Administrative Districts

Purpose: Provide regional administrative support to the judges of the superior court.

726

JOURNAL OF THE HOUSE

This support includes managing budgets, policy, procedure, and providing a liaison between local and state courts.

Total Funds

$2,032,868

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,032,868

State General Funds

$2,032,868

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,348,845

$2,348,845

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($90,374)

($90,374)

Provide for an additional reduction to operations.

($38,758)

($38,758)

Reduce funding for personal services and operating expenses.

($162,485)

($162,485)

Defer the FY 09 cost-of-living adjustment.

($24,360)

($24,360)

Amount appropriated in this Act

$2,032,868

$2,032,868

9.4. Superior Court Judges

Purpose: Serve as a 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 50 provided by law are to be allocated back to the circuits by caseload ranks.

Total Funds

$52,404,568

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$52,404,568

State General Funds Intra-State Government Transfers

$52,404,568 $0

THURSDAY, FEBRUARY 26, 2009

727

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$58,038,504

$58,038,504

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$10,169

$10,169

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($3,145,794) ($3,145,794)

Provide for an additional reduction to operations.

($744,222)

($744,222)

Reduce funding for personal services and operating expenses.

($1,874,089) ($1,874,089)

Provide for an emergency judge replacement in the Piedmont Circuit.

$60,000

$60,000

Provide additional travel based on mileage increases.

$60,000

$60,000

Amount appropriated in this Act

$52,404,568

$52,404,568

Section 10: Supreme Court Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$7,807,702 $0 $0
$7,807,702 $7,807,702
$0

10.1. Supreme Court
Purpose: Serve as 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.

728

JOURNAL OF THE HOUSE

Total Funds

$7,807,702

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,807,702

State General Funds

$7,807,702

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 (HB990)

$8,837,974

$8,837,974

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$14,433

$14,433

Defer state employees' salary increases effective January 1, 2009.

($89,806)

($89,806)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($451,410)

($451,410)

Provide for an additional reduction to operations.

$0

$0

Reduce funding for operating expenses.

($503,489)

($503,489)

Amount appropriated in this Act

$7,807,702

$7,807,702

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

$14,094,806 $0 $0
$3,808,773 $3,808,773 $10,286,033 $10,286,033

11.1. State Accounting Office

THURSDAY, FEBRUARY 26, 2009

729

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

$14,094,806

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,808,773

State General Funds

$3,808,773

Intra-State Government Transfers

$10,286,033

Other Intra-State Government Payments

$10,286,033

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,456,173

$15,742,206

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$14,051

$14,051

Defer state employees' salary increases effective January 1, 2009.

($40,448)

($40,448)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($192,171)

($192,171)

Provide for an additional reduction to operations.

$0

$0

Reduce operating expenses.

($528,832)

($528,832)

Reduce personal service costs to reflect projected expenditures.

($250,000)

($250,000)

Reduce funds for contracts.

($650,000)

($650,000)

Amount appropriated in this Act

$3,808,773

$14,094,806

Section 12: Administrative Services, Department of Total Funds Federal Funds and Grants Other Funds

$162,054,807 $0
$26,868,856

730

JOURNAL OF THE HOUSE

Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Self Insurance Trust Fund Payments

$11,877,016 $14,991,840
$6,226,352 $6,226,352 $128,959,599 $128,959,599

12.1. Administration

Purpose: Provide administrative support to all department programs.

Total Funds

$5,341,646

Federal Funds and Grants

$0

Other Funds

$3,871,616

Other Funds - Not Specifically Identified

$3,871,616

State Funds

$1,470,030

State General Funds

$1,470,030

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,358,438

$5,994,354

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($24,906)

($24,906)

Defer state employees' salary increases effective January 1, 2009.

($95,231)

($95,231)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($80,557)

($80,557)

Provide for an additional reduction to operations.

$0

$0

Reduce contract funds.

($203,997)

($203,997)

Reduce operating expenses.

($63,549)

($63,549)

Reduce funds for personal services.

($184,468)

($184,468)

THURSDAY, FEBRUARY 26, 2009

731

Replace state funds with other funds from the State Purchasing program.
Amount appropriated in this Act

($1,235,700) $1,470,030

$0 $5,341,646

12.2. Fleet Management

Purpose: In conjunction with the Office of Planning and Budget, centralize state government motor vehicle fleet management functions to ensure efficient and costeffective fleet operations and to minimize the life-cycle costs associated with vehicle ownership.

Total Funds

$2,259,903

Federal Funds and Grants

$0

Other Funds

$1,387,079

Other Funds - Not Specifically Identified

$1,387,079

State Funds

$872,824

State General Funds

$872,824

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 (HB990)

$1,705,000

$3,092,079

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($106,176)

($106,176)

Reduce operating expenses.

($50,657)

($50,657)

Reduce funds for personal services.

($400,000)

($400,000)

Reduce state funds designated for a consultant assessment of the current fleet operations management information system.

($275,343)

($275,343)

Amount appropriated in this Act

$872,824

$2,259,903

12.3. 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

$1,079,669

Other Funds

$1,079,669

Agency Funds

$1,079,669

732

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 (HB990)

$0

$1,130,155

Reduce other funds ($31,186) and eliminate 1 filled clerk position.

$0

($31,186)

Reduce other funds ($2,300) for operating expenses to reflect projected expenditures.

$0

($2,300)

Reduce other funds ($17,000) for motor vehicle purchases to reflect projected expenditures.

$0

($17,000)

Amount appropriated in this Act

$0

$1,079,669

12.4. Risk Management

Purpose: Minimize cost and provide fair treatment of citizens through effective claims management.

Total Funds

$128,959,599

Intra-State Government Transfers

$128,959,599

Self Insurance Trust Fund Payments

$128,959,599

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0 $129,880,757

Reduce other funds ($192,873) for personal services and eliminate 6 vacant positions.

$0

($192,873)

Reduce other funds ($283,000) for contractual services.

$0

($283,000)

Reduce other funds ($445,285) for operating expenses to reflect projected expenditures.

$0

($445,285)

Amount appropriated in this Act

$0 $128,959,599

12.5. 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

$14,918,250

THURSDAY, FEBRUARY 26, 2009

733

Federal Funds and Grants

$0

Other Funds

$14,918,250

Agency Funds

$6,898,546

Other Funds - Not Specifically Identified

$8,019,704

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 (HB990)

$4,241,671

$14,971,472

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($83,846)

($83,846)

Replace state funds with reserves to fund

($4,157,825)

$0

operating expenses.

Recognize $1,266,324 in other funds from state surplus existing reserves to fund the State Purchasing program.

$0

$1,266,324

Transfer $1,235,700 in other funds to the Administration program.

$0 ($1,235,700)

Amount appropriated in this Act

$0

$14,918,250

12.6. 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

$1,622,935

Federal Funds and Grants

$0

Other Funds

$1,622,935

Other Funds - Not Specifically Identified

$1,622,935

State Funds

$0

Intra-State Government Transfers

$0

734

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 (HB990)

$0

$4,657,141

Realize other funds savings ($1,767,882) for operating expenses due to the closure of the Americus, Swainsboro and Tucker warehouses and eliminate positions.

$0 ($1,767,882)

Redirect $1,266,324 in other funds in existing reserves to fund the State Purchasing program.

$0 ($1,266,324)

Amount appropriated in this Act

$0

$1,622,935

12.7. 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

Other Funds - Not Specifically Identified

$90,506

State Funds

$0

Intra-State Government Transfers

$0

The following appropriations are for agencies attached for administrative purposes.

12.8. Health Planning Review Board

Purpose: Review decisions made by hearing officers.

Total Funds

$53,882

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$53,882

State General Funds

$53,882

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

735

Amount from prior Appropriation Act (HB990)
Provide for an additional reduction to operations.
Reduce contract funds.
Amount appropriated in this Act

State Funds $60,473
($544)
($6,047) $53,882

Total Funds $60,473
($544)
($6,047) $53,882

12.9. Office of State Administrative Hearings

Purpose: Provide an impartial, independent forum for resolving disputes between the public and state agencies.

Total Funds

$3,588,300

Federal Funds and Grants

$0

Other Funds

$608,684

Agency Funds

$608,684

State Funds

$2,979,616

State General Funds

$2,979,616

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 (HB990)

$3,576,847

$4,185,531

Defer state employees' salary increases effective January 1, 2009.

($39,203)

($39,203)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($216,704)

($216,704)

Provide for an additional reduction to operations.

$0

$0

Reduce operating expenses.

($341,324)

($341,324)

Amount appropriated in this Act

$2,979,616

$3,588,300

12.10. Office of Treasury and Fiscal Services

736

JOURNAL OF THE HOUSE

Purpose: Receive and keep safely all monies paid to the treasury and pay all warrants legally drawn on the treasury.

Total Funds

$3,290,117

Other Funds

$3,290,117

Agency Funds

$3,290,117

12.11. Compensation Per General Assembly Resolutions Purpose: Fund HR102 of the 2007 Session.
Total Funds State Funds
State General Funds

$850,000 $850,000 $850,000

Section 13: Agriculture, 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

$52,962,675 $8,049,321 $8,049,321 $3,564,689 $3,564,689
$41,348,665 $41,348,665
$0

13.1. Administration

Purpose: Provide administrative support for all programs of the department.

Total Funds

$5,527,411

Federal Funds and Grants

$69,500

Federal Funds Not Specifically Identified

$69,500

Other Funds

$258,721

Other Funds - Not Specifically Identified

$258,721

State Funds

$5,199,190

State General Funds

$5,199,190

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

737

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce operating expenses.
Eliminate 1 filled and 2 vacant positions.
Amount appropriated in this Act

State Funds $6,571,774
$37,859

Total Funds $6,899,995
$37,859

($44,054) ($266,686)

($44,054) ($266,686)

($100,000)
($868,084) ($131,619) $5,199,190

($100,000)
($868,084) ($131,619) $5,527,411

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

$3,473,564

State Funds

$3,473,564

State General Funds

$3,473,564

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,775,613

$3,775,613

Reduce funding for Athens/Tifton Diagnostic Labs.

($302,049)

($302,049)

Amount appropriated in this Act

$3,473,564

$3,473,564

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

738

JOURNAL OF THE HOUSE

animal health (production, equine and companion) for the citizens of Georgia.

Total Funds

$30,890,798

Federal Funds and Grants

$7,199,221

Federal Funds Not Specifically Identified

$7,199,221

Other Funds

$1,835,000

Other Funds - Not Specifically Identified

$1,835,000

State Funds

$21,856,577

State General Funds

$21,856,577

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$24,393,914

$33,428,135

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$55,250

$55,250

Defer state employees' salary increases effective January 1, 2009.

($346,718)

($346,718)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,313,036) ($1,313,036)

Provide for an additional reduction to operations.

$0

$0

Reduce operating expenses.

($972,833)

($972,833)

Provide funding for 1 food safety specialist and 3 food safety inspectors.

$40,000

$40,000

Amount appropriated in this Act

$21,856,577

$30,890,798

13.4. Marketing and Promotion

Purpose: Expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

Total Funds

$9,672,479

Federal Funds and Grants

$780,600

Federal Funds Not Specifically Identified

$780,600

THURSDAY, FEBRUARY 26, 2009

739

Other Funds

$1,470,968

Other Funds - Not Specifically Identified

$1,470,968

State Funds

$7,420,911

State General Funds

$7,420,911

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 (HB990)

$8,339,788

$10,591,356

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$19,252

$19,252

Defer state employees' salary increases effective January 1, 2009.

($40,459)

($40,459)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($247,978)

($247,978)

Reduce operating expenses.

($699,692)

($699,692)

Provide for marketing funds for emerging international markets.

$50,000

$50,000

Amount appropriated in this Act

$7,420,911

$9,672,479

13.5. Poultry Veterinary Diagnostic Labs

Purpose: Provide poultry disease diagnostic and monitoring services with a focus on avian influenza.

Total Funds

$3,398,423

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,398,423

State General Funds

$3,398,423

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

740

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases effective January 1, 2009.
Reduce funding for Poultry Veterinary Diagnostic Labs.
Amount appropriated in this Act

State Funds $3,638,336
($76,184) ($163,729) $3,398,423

Total Funds $3,638,336
($76,184) ($163,729) $3,398,423

Section 14: Banking and Finance, Department of Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$11,766,470 $0 $0
$11,766,470 $11,766,470
$0

14.1. Administration

Purpose: Provide administrative support to all department programs.

Total Funds

$1,862,023

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,862,023

State General Funds

$1,862,023

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,089,102

$2,089,102

Defer state employees' salary increases effective January 1, 2009.

($21,808)

($21,808)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and

($120,653)

($120,653)

THURSDAY, FEBRUARY 26, 2009

741

to 0%, effective March 1, 2009.)
Realign funding based on anticipated expenditures.
Eliminate 1 vacant district information systems specialist position.
Amount appropriated in this Act

$16,745 ($101,363) $1,862,023

$16,745 ($101,363) $1,862,023

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

$523,227

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$523,227

State General Funds

$523,227

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 (HB990)

$550,974

$550,974

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$648

$648

Defer state employees' salary increases effective January 1, 2009.

($6,555)

($6,555)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($32,840)

($32,840)

Realign funding based on anticipated expenditures.

$11,000

$11,000

Amount appropriated in this Act

$523,227

$523,227

742

JOURNAL OF THE HOUSE

14.3. Consumer Protection and Assistance

Purpose: Assist consumers with problems encountered when dealing with department regulated entities.

Total Funds

$269,439

State Funds

$269,439

State General Funds

$269,439

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$660,553

$660,553

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,603

$1,603

Defer state employees' salary increases effective January 1, 2009.

($6,872)

($6,872)

Realign funding based on anticipated expenditures.

($166,621)

($166,621)

Eliminate 2 consumer and legal affairs specialists and 1 administrative assistant position, and transfer 1 legal and consumer affairs specialist to the Financial Institution Supervision program.

($219,224)

($219,224)

Amount appropriated in this Act

$269,439

$269,439

14.4. Financial Institution Supervision

Purpose: Provide for safe and sound operation of Georgia state-chartered financial institutions, and protect the interests of the depositors, creditors, and shareholders of those institutions.

Total Funds

$7,381,314

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,381,314

State General Funds

$7,381,314

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

743

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Realize efficiencies through reduced travel.
Redistribute funding and 1 position from Consumer Protection and Assistance program.
Amount appropriated in this Act

State Funds $7,757,393
$43,163

Total Funds $7,757,393
$43,163

($87,276) ($453,342)

($87,276) ($453,342)

($1,500) $122,876
$7,381,314

($1,500) $122,876
$7,381,314

14.5. Mortgage Supervision

Purpose: Protect customers from unfair, deceptive, or fraudulent residential mortgage lending practices, and enforce applicable laws and regulations.

Total Funds

$1,730,467

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,730,467

State General Funds

$1,730,467

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,840,251

$1,840,251

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$883

$883

744

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Realize efficiencies through reduced travel.
Realign funding based on anticipated expenditures.
Amount appropriated in this Act

($18,077) ($107,090)

($18,077) ($107,090)

($1,500) $16,000
$1,730,467

($1,500) $16,000
$1,730,467

Section 15: Community Affairs, Department of Total Funds Federal Funds and Grants
Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$205,099,408 $167,079,288
$100,000 $166,979,288 $15,231,308 $15,231,308
$22,788,812 $22,788,812
$0

15.1. Administration

Purpose: Provide administrative support for all programs of the department.

Total Funds

$5,065,113

Federal Funds and Grants

$1,611,802

Federal Funds Not Specifically Identified

$1,611,802

Other Funds

$1,822,101

Other Funds - Not Specifically Identified

$1,822,101

State Funds

$1,631,210

State General Funds

$1,631,210

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

745

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce operating expenses.
Reduce personal service costs to reflect projected expenditures.
Replace state funds with other funds for 2 administrative positions.
Amount appropriated in this Act

State Funds $2,233,357
$37,841

Total Funds $5,571,760
$37,841

($19,327) ($98,413)

($19,327) ($98,413)

($211,748) ($15,000) ($200,000) ($95,500) $1,631,210

($211,748) ($15,000) ($200,000)
$0 $5,065,113

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

$504,070

Federal Funds and Grants

$0

Other Funds

$296,345

Other Funds - Not Specifically Identified

$296,345

State Funds

$207,725

State General Funds

$207,725

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$314,573

$554,277

746

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contract funds.
Replace state funds with other funds for a construction codes consultant position.
Amount appropriated in this Act

$630
($3,428) ($17,409)

$630
($3,428) ($17,409)

($30,000) ($56,641)
$207,725

($30,000) $0
$504,070

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

$3,488,415

Federal Funds and Grants

$0

Other Funds

$50,918

Other Funds - Not Specifically Identified

$50,918

State Funds

$3,437,497

State General Funds

$3,437,497

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,850,247

$3,901,165

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,936

$1,936

Defer state employees' salary increases effective January 1, 2009.

($20,741)

($20,741)

THURSDAY, FEBRUARY 26, 2009

747

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contract funds.
Eliminate 2 vacant planner positions.
Amount appropriated in this Act

($100,334)

($100,334)

($176,856) ($116,755) $3,437,497

($176,856) ($116,755) $3,488,415

15.4. Environmental Education and Assistance

Purpose: Provide technical assistance, resource tools, and public education outreach resources.

Total Funds

$4,276,385

Federal Funds and Grants

$6,000

Federal Funds Not Specifically Identified

$6,000

Other Funds

$3,380,480

Other Funds - Not Specifically Identified

$3,380,480

State Funds

$889,905

State General Funds

$889,905

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 (HB990)

$1,058,445

$4,444,925

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,639

$1,639

Defer state employees' salary increases effective January 1, 2009.

($7,328)

($7,328)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($55,851)

($55,851)

Reduce contract funds.

($54,000)

($54,000)

748

JOURNAL OF THE HOUSE

Eliminate vacant human services program auditor position.
Amount appropriated in this Act

($53,000) $889,905

($53,000) $4,276,385

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

$47,100,102

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

$1,705,105

State General Funds

$1,705,105

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,066,924

$47,461,921

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,961

$2,961

Defer state employees' salary increases effective January 1, 2009.

($20,467)

($20,467)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($61,342)

($61,342)

Reduce personal service costs to reflect projected expenditures.

($65,000)

($65,000)

Eliminate 1 vacant assistant commissioner position.

($167,971)

($167,971)

Reduce funds from Hands on Georgia challenge grants.

($50,000)

($50,000)

THURSDAY, FEBRUARY 26, 2009

749

Amount appropriated in this Act

$1,705,105

$47,100,102

15.6. Homeownership Programs

Purpose: Expand the supply of standard affordable housing through rehabilitation and construction, and provide homeownership opportunities for low and moderateincome individuals.

Total Funds

$4,631,991

Federal Funds and Grants

$794,163

Federal Funds Not Specifically Identified

$794,163

Other Funds

$3,837,828

Other Funds - Not Specifically Identified

$3,837,828

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 (HB990)

$6,000,000

$6,000,000

Eliminate funding for all Local Assistance Grants originally approved and included in H.B. 990.

($6,000,000) ($6,000,000)

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

$2,267,937

Federal Funds and Grants

$0

Other Funds

$500,000

Other Funds - Not Specifically Identified

$500,000

750

JOURNAL OF THE HOUSE

State Funds

$1,767,937

State General Funds

$1,767,937

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,435,333

$2,935,333

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,810

$1,810

Defer state employees' salary increases effective January 1, 2009.

($17,999)

($17,999)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($117,832)

($117,832)

Reduce contract funds.

($25,000)

($25,000)

Reduce operating expenses.

($27,390)

($27,390)

Eliminate 1 vacant resource coordinator position.

($38,495)

($38,495)

Reduce funds from grants for local governments through the Signatures Communities program.

($350,000)

($350,000)

Reduce additional funds provided in FY 2009 for the Georgia Rural Water Association.

($50,000)

($50,000)

Reduce funds and transfer 2 rural economic development positions for the final quarter of FY09 to the OneGeorgia Authority.

($42,490)

($42,490)

Amount appropriated in this Act

$1,767,937

$2,267,937

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

$124,217,094

Federal Funds and Grants

$118,208,730

THURSDAY, FEBRUARY 26, 2009

751

Federal Funds Not Specifically Identified

$118,208,730

Other Funds

$3,067,096

Other Funds - Not Specifically Identified

$3,067,096

State Funds

$2,941,268

State General Funds

$2,941,268

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,287,829 $124,563,655

Reduce matching funds for the Affordable Home program.

($346,561)

($346,561)

Amount appropriated in this Act

$2,941,268 $124,217,094

15.10. Research and Surveys

Purpose: Conduct surveys and collect financial/management data from local governments and authorities as directed by statute.

Total Funds

$552,840

Federal Funds and Grants

$0

Other Funds

$24,163

Other Funds - Not Specifically Identified

$24,163

State Funds

$528,677

State General Funds

$528,677

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$629,847

$654,010

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$809

$809

Defer state employees' salary increases effective January 1, 2009.

($6,000)

($6,000)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer

($32,786)

($32,786)

752

JOURNAL OF THE HOUSE

contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce contract funds. Reduce operating expenses. Eliminate funds for temporary positions. Amount appropriated in this Act

($20,693) ($25,000) ($17,500) $528,677

($20,693) ($25,000) ($17,500) $552,840

15.11. Special Housing Initiatives

Purpose: Provide funding for special housing initiatives.

Total Funds

$5,794,954

Federal Funds and Grants

$1,354,596

Temporary Assistance for Needy Families Block Grant

$100,000

Federal Funds Not Specifically Identified

$1,254,596

Other Funds

$1,107,466

Other Funds - Not Specifically Identified

$1,107,466

State Funds

$3,332,892

State General Funds

$3,332,892

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,632,892

$6,094,954

Remove new funds provided in FY 2009 for caseworkers to assist homeless families.

($300,000)

($300,000)

Amount appropriated in this Act

$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

$1,242,263

Federal Funds and Grants

$5,000

Federal Funds Not Specifically Identified

$5,000

Other Funds

$0

State Funds

$1,237,263

State General Funds

$1,237,263

THURSDAY, FEBRUARY 26, 2009

753

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,395,728

$2,400,728

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,424

$2,424

Defer state employees' salary increases effective January 1, 2009.

($11,999)

($11,999)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($68,890)

($68,890)

Reduce operating expenses.

($20,000)

($20,000)

Reduce contract funds.

($60,000)

($60,000)

Delete new funds provided in FY 2009 for an emergency operation facility in Fayette County.

($200,000)

($200,000)

Delete new funds provided in FY 2009 for the construction of an ADA compliant regional athletic facility in Hall County.

($300,000)

($300,000)

Delete new funds provided in FY 2009 to renovate and expand the Tift County Multipurpose Livestock Building.

($125,000)

($125,000)

Delete new funds provided in FY 2009 to renovate and expand the Jeff Davis County Multipurpose Livestock Building.

($175,000)

($175,000)

Delete new funds provided in FY 2009 for the City of Porterdale Community Center Gymnasium reconstructions.

($200,000)

($200,000)

Amount appropriated in this Act

$1,237,263

$1,242,263

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.

754

JOURNAL OF THE HOUSE

Total Funds

$282,807

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

$114,539

State General Funds

$114,539

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,939,055

$9,107,323

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,015

$1,015

Defer state employees' salary increases effective January 1, 2009.

($1,063)

($1,063)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($3,897)

($3,897)

Eliminate funds for the Life Sciences Facilities Fund.

($4,403,282) ($4,403,282)

Remove funds for the Georgia Cities grant due to completion of state's commitment to provide dollar for dollar match with a private foundation.

($1,500,000) ($1,500,000)

Reduce funds from the Regional Economic Business Assistance (REBA) program.

($2,917,289) ($2,917,289)

Amount appropriated in this Act

$114,539

$282,807

The following appropriations are for agencies attached for administrative purposes.

THURSDAY, FEBRUARY 26, 2009

755

15.14. Payments to Georgia Environmental Facilities Authority

Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects.

Total Funds

$932,325

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$932,325

State General Funds

$932,325

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 (HB990)

$11,725,014

$11,725,014

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($24,033)

($24,033)

Provide for an additional reduction to operations.

($16,026)

($16,026)

Reduce funds for Water Sewer Grants.

($100,000)

($100,000)

Reduce funds in the Land Conservation program.

($10,000,000) ($10,000,000)

Reduce funds the State Energy Strategy ($477,616), dues for the Southern States Energy Board ($35,782), and 1 position to coordinate energy savings programs added in HB 990(FY09)($139,232).

($652,630)

($652,630)

Amount appropriated in this Act

$932,325

$932,325

15.15. Payments to Georgia Regional Transportation Authority

Purpose: Improve Georgia's mobility, air quality, and land use practices.

Total Funds

$4,062,469

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$4,062,469

756

JOURNAL OF THE HOUSE

State General Funds

$4,062,469

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,857,300

$4,857,300

Defer state employees' salary increases effective January 1, 2009.

($52,736)

($52,736)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($239,790)

($239,790)

Provide for an additional reduction to operations.

($41,201)

($41,201)

Replace state funds with other funds for operating expenses.

($461,104)

($461,104)

Amount appropriated in this Act

$4,062,469

$4,062,469

15.16. Payments to OneGeorgia Authority

Purpose: Provide funds for the OneGeorgia Authority.

Total Funds

$680,643

Federal Funds and Grants

$0

Other Funds

$680,643

Other Funds - Not Specifically Identified

$680,643

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 (HB990)

$47,123,333

$47,803,976

Replace Tobacco Settlement Funds with other funds for operations.

($47,123,333) ($47,123,333)

Amount appropriated in this Act

$0

$680,643

THURSDAY, FEBRUARY 26, 2009

757

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 Prior Year Funds - Other Prior Year funds State General Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies

$11,505,548,100 $5,835,706,444 $5,582,667,629 $253,038,815 $761,830,543 $76,841,660 $139,386,524 $325,881,363 $219,720,996 $1,930,530,487 $114,479,322 $1,816,051,165 $2,977,480,626 $2,696,623,364 $280,857,262

16.1. Administration

Purpose: Provide administrative support to all departmental programs.

Total Funds

$401,799,987

Federal Funds and Grants

$286,433,958

Medical Assistance Program

$263,279,923

State Children's Insurance Program

$23,154,035

Other Funds

($129,644)

Agency Funds

($129,644)

State Funds

$93,270,005

State General Funds

$93,270,005

Intra-State Government Transfers

$22,225,668

Health Insurance Payments

$22,225,668

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$106,922,412 $431,809,973

Reflect allocation of telecommunication expenses resulting from the GAIT

$57,047

$57,047

758

JOURNAL OF THE HOUSE

Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funds for under-utilized contracts (Total Funds: $22,688,509).
Reduce funds for personal services by maintaining vacant positions.
Reduce operating expenses.
Reduce funds for the Health Information Exchange contract.
Amount appropriated in this Act

($224,411) ($838,238)

($510,000) ($1,961,734)

$0 ($10,193,410)
($1,064,215) ($1,389,180)
$0 $93,270,005

$0 ($22,688,509)
($2,128,430) ($2,778,360)
$0 $401,799,987

16.2. Aged, Blind and Disabled Medicaid

Purpose: Improve healthcare access primarily to elderly and disabled individuals.

Total Funds

$4,195,853,626

Federal Funds and Grants

$2,854,993,447

Medical Assistance Program

$2,854,993,447

Other Funds

$229,684,470

Agency Funds

$62,342,988

Prior Year funds State General Funds

$167,341,482

State Funds

$843,887,077

State General Funds

$843,887,077

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:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,138,859,171 $3,998,933,946

THURSDAY, FEBRUARY 26, 2009

759

Defer rate increases provided for in FY 2009 for the following service providers: ambulance ($1,400,743), dental ($90,553), home health ($1,136,283), inpatient and outpatient hospital ($8,669,645), physician ($3,420,322), HealthCheck ($18,261), digital mammography ($113,492), global maternity ($436,612), and personal support services in the Independent Care Waiver Program (ICWP) ($354,680) (Total Funds: $43,615,702).
Reflect savings from the public assistance reporting and information system (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payors.
Defer conversion to Fair Rental Value Scale (FRVS) indices for the nursing home per diem rate provided for in FY 2009.
Defer the cost report update and 1% quality incentive payment for nursing facilities provided for in FY 2009.
Delay implementation of 75 new Independent Care Waiver Program (ICWP) slots until January 1, 2009.
Reduce funds to reflect projected FY 2009 state funds surplus.
Perform expedited eligibility reviews of Ex Parte Medicaid members.
Recognize additional savings from fraud and abuse recoveries.
Reflect audited FY 2008 Incurred But Not Reported claim liability.
Reflect additional Incurred But Not Reported (IBNR) claims reserves.
Increase federal funds to reflect change in Medicaid federal participation rate.
Replace state general funds with prior year reserves from the Indigent Care Trust Fund.
Amount appropriated in this Act

($15,640,591) ($43,615,702)

($799,673) ($2,229,986)

($12,658,580) ($35,300,000)

($6,784,574) ($18,919,615)

($586,822) ($1,636,425)

($18,030,020) ($50,278,918)

($1,931,710) ($5,386,810)

($1,326,011) ($3,697,744)

$0 $361,451,531

($14,820,314)

$0

($221,150,658)

$0

($1,243,141) ($3,466,651)

$843,887,077 $4,195,853,626

760

JOURNAL OF THE HOUSE

16.3. Health Care Access and Improvement

Purpose: Improve the health, wellness and access to healthcare for Georgians.

Total Funds

$11,744,760

Federal Funds and Grants

$587,148

Medical Assistance Program

$587,148

Other Funds

$100,000

Agency Funds

$100,000

State Funds

$11,057,612

State General Funds

$11,057,612

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$25,584,060

$26,272,898

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$117

$117

Defer state employees' salary increases effective January 1, 2009.

($6,488)

($6,553)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($170,077)

($171,702)

Defer funds for the Southeastern Firefighter's Burn Foundation provided for in FY 2009.

($400,000)

($400,000)

Reduce funding for the Office of Rural Health Community Service grants.

($250,000)

($250,000)

Defer funds for the Georgia Association of Primary Health Care provided for in FY 2009.

$0

$0

Defer funds for safety net clinics provided for in FY 2009.

($950,000)

($950,000)

Defer funds for the Georgia Marketplace Authority provided for in FY 2009.

($2,000,000) ($2,000,000)

THURSDAY, FEBRUARY 26, 2009

761

Defer funds for the Wellness Incentive Pilot program provided for in FY 2009.
Defer funds for the Rural Health Initiative provided for in FY 2009.
Amount appropriated in this Act

($150,000) ($10,600,000)
$11,057,612

($150,000) ($10,600,000)
$11,744,760

16.4. Indigent Care Trust Fund

Purpose: Support rural and other healthcare providers, primarily hospitals that serve medically indigent Georgians.

Total Funds

$412,381,245

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

$13,718,752

State General Funds

$13,718,752

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0 $398,662,493

Provide state matching funds for private hospitals considered "deemed" by federal standards for the Disproportionate Share Hospital (DSH) program.

$13,718,752

$13,718,752

Amount appropriated in this Act

$13,718,752 $412,381,245

16.5. Low-Income Medicaid

Purpose: Improve healthcare access primarily to low-income individuals.

Total Funds

$2,778,410,037

Federal Funds and Grants

$1,984,656,867

Medical Assistance Program

$1,984,656,867

Other Funds

$64,362,376

Agency Funds

$12,328,316

762

JOURNAL OF THE HOUSE

Prior Year funds State General Funds

$52,034,060

State Funds

$715,973,947

Tobacco Funds

$114,479,322

State General Funds

$601,494,625

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 (HB990)

$967,807,351 $3,154,813,458

Defer rate increases provided for in FY 2009 for the following service providers: ambulance ($49,439), dental ($920,625), home health ($232,918), inpatient and outpatient hospital ($12,907,415), physician ($6,634,288), HealthCheck ($491,362), digital mammography ($223,778), global maternity ($1,245,828), and personal support services in the Independent Care Waiver Program (ICWP) ($918) (Total Funds: $63,320,053).

($22,706,571) ($63,320,054)

Recognize additional savings from fraud and abuse recoveries.

($215,862)

($601,958)

Reflect savings from the public assistance reporting and information system (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payors.

($993,327) ($2,770,014)

Reduce funds to reflect projected FY 2009 state funds surplus.

($19,219,286) ($53,595,332)

Replace state general funds with tobacco funds for Medicaid benefits.

$0

$0

Perform expedited eligibility reviews of Ex Parte Medicaid members.

($1,608,710) ($4,486,085)

Reflect audited FY 2008 Incurred But Not Reported claim liability.

$0 ($248,171,233)

THURSDAY, FEBRUARY 26, 2009

763

Reduce funds to reflect revised Care Management Organization (CMO) fee projections.
Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

($1,240,306) ($3,458,745)

($205,849,342)

$0

$715,973,947 $2,778,410,037

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

$346,799,156

Federal Funds and Grants

$222,074,275

Medical Assistance Program

$222,074,275

Other Funds

$0

State Funds

$124,724,881

State General Funds

$124,724,881

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$120,805,958 $335,870,759

Increase nursing home provider fee collections to reflect updated projection.

$3,918,923

$10,928,397

Amount appropriated in this Act

$124,724,881 $346,799,156

16.7. PeachCare

Purpose: Improve access to healthcare for qualified low-income Georgia children.

Total Funds

$306,935,487

Federal Funds and Grants

$229,884,780

State Children's Insurance Program

$229,884,780

Other Funds

$345,454

Prior Year funds State General Funds

$345,454

State Funds

$76,553,470

State General Funds

$76,553,470

764

JOURNAL OF THE HOUSE

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 (HB990)

$98,672,929 $393,671,223

Defer rate increases provided for in FY 2009 for the following service providers: ambulance ($47,866), dental ($216,322), home health ($4,254), inpatient and outpatient hospital ($613,266), physician ($230,301), HealthCheck ($47,683), digital mammography ($21,146), and global maternity ($104,078) (Total Funds: $5,119,187).

($1,284,916) ($5,119,187)

Reduce funds to reflect revised CMO fee projections.

($3,215,498) ($12,810,749)

Reduce funds to reflect projected FY 2009 state funds surplus.

($17,619,045) ($70,195,398)

Reflect audited FY 2008 Incurred But Not Reported claim liability.

$0

$1,389,598

Amount appropriated in this Act

$76,553,470 $306,935,487

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

$3,000,279,059

Federal Funds and Grants

$0

Other Funds

$325,881,363

Prior Year Funds - Other

$325,881,363

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:

THURSDAY, FEBRUARY 26, 2009

765

Amount from prior Appropriation Act (HB990)
Increase Health Insurance Payments to reflect projected revenue.
Amount appropriated in this Act

State Funds

Total Funds

$0 $2,704,743,166

$0 $295,535,893

$0 $3,000,279,059

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% for July through January, 8.579% for February and 3.668% for March through June and for the state employees' health benefit plan for Fiscal Year 2009 shall not exceed 22.165% for July through January, 1.926% for February and 0% for March through June.

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

$2,040,249

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,040,249

State General Funds

$2,040,249

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,394,849

$2,394,849

Defer state employees' salary increases effective January 1, 2009.

($25,552)

($25,552)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($126,531)

($126,531)

766

JOURNAL OF THE HOUSE

Provide for an additional reduction to operations.
Reduce funding for case reviewers ($40,000) and medical peer reviews ($24,000).
Reduce funds for telecommunication and rent expenses to reflect anticipated revenues.
Reduce hearing-related operating expenses, including employee travel, newsletter and publications expenses.
Amount appropriated in this Act

($20,696) ($64,000) ($60,821) ($57,000)
$2,040,249

($20,696) ($64,000) ($60,821) ($57,000)
$2,040,249

16.10. Georgia Board for Physician Workforce, Administration

Purpose: Provide administrative support to all agency programs.

Total Funds

$662,876

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$662,876

State General Funds

$662,876

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$855,498

$855,498

Defer state employees' salary increases effective January 1, 2009.

($29,146)

($29,146)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($31,476)

($31,476)

Provide for an additional reduction to operations.

($10,000)

($10,000)

Remove funding provided in FY 2009 for interns to assist on physician workforce projects.

($12,000)

($12,000)

THURSDAY, FEBRUARY 26, 2009

767

Defer medical education expansion study provided for in FY 2009.
Amount appropriated in this Act

($110,000) $662,876

($110,000) $662,876

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

$9,002,811

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$9,002,811

State General Funds

$9,002,811

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,853,061

$9,853,061

Provide for an additional reduction to operations.

($25,000)

($25,000)

Reduce new funding provided in FY 2009 for graduate medical education.

($343,977)

($343,977)

Defer funding for the Athens/Gainesville Area Development.

($481,273)

($481,273)

Amount appropriated in this Act

$9,002,811

$9,002,811

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

$22,922,360

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$22,922,360

State General Funds

$22,922,360

Intra-State Government Transfers

$0

768

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 (HB990)

$24,560,862

$24,560,862

Provide for an additional reduction to operations.

$0

$0

Decrease Mercer University School of Medicine operating grant by 6.7%.

($1,638,502) ($1,638,502)

Amount appropriated in this Act

$22,922,360

$22,922,360

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

$12,130,220

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$12,130,220

State General Funds

$12,130,220

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$12,997,293

$12,997,293

Provide for an additional reduction to operations.

$0

$0

Decrease Morehouse School of Medicine operating grant by 6.7%.

($867,073)

($867,073)

Amount appropriated in this Act

$12,130,220

$12,130,220

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

$3,267,424

Federal Funds and Grants

$0

THURSDAY, FEBRUARY 26, 2009

769

Other Funds

$0

State Funds

$3,267,424

State General Funds

$3,267,424

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,538,484

$3,538,484

Provide for an additional reduction to operations.

($35,000)

($35,000)

Decrease funding for the undergraduate medical education program.

($236,060)

($236,060)

Amount appropriated in this Act

$3,267,424

$3,267,424

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

$1,318,803

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,318,803

State General Funds

$1,318,803

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 (HB990)

$1,439,892

$1,439,892

Defer state employees' salary increases effective January 1, 2009.

($11,251)

($11,251)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($13,160)

($13,160)

770

JOURNAL OF THE HOUSE

Provide for an additional reduction to operations.
Discontinue contract with Georgia Student Finance Commission for loan and scholarship tracking, and administer internally.
Decrease funds for annual medical fair to recruit physicians to rural communities.
Decrease funding for medical scholarship awards.
Amount appropriated in this Act

($13,330) ($15,000)

($13,330) ($15,000)

($8,348) ($60,000) $1,318,803

($8,348) ($60,000) $1,318,803

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
Other Intra-State Government Payments

$1,091,939,132 $5,889,638 $5,889,638
$31,856,093 $31,856,093 $1,043,637,575 $1,043,637,575 $10,555,826 $10,555,826

17.1. Administration

Purpose: Protect and serve the citizens of Georgia by administering an effective, efficient, and balanced correctional system.

Total Funds

$53,395,800

Federal Funds and Grants

$2,462,251

Federal Funds Not Specifically Identified

$2,462,251

Other Funds

$102,491

Other Funds - Not Specifically Identified

$102,491

State Funds

$50,831,058

State General Funds

$50,831,058

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

771

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Adjust funds due to a change in occupancy dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons.
Realize efficiencies in staffing patterns for counselors, secretaries, clerks, and chaplains.
Reduce cost of operations agency-wide.
Consolidate training activities at the new Tift College campus.
Realize savings in communications center operations through the use of updated technology.
Reduce contractual services funding.
Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.
Reduce funding for motor vehicle purchases.
Amount appropriated in this Act

State Funds $55,017,209
$2,750,407

Total Funds $57,581,951
$2,750,407

($516,295) ($1,998,398)

($516,295) ($1,998,398)

($19,073)

($19,073)

($290,588)
($1,770,425) ($1,303,798)
($361,756)

($290,588)
($1,770,425) ($1,303,798)
($361,756)

($260,100) ($3,405)
($412,720) $50,831,058

($260,100) ($3,405)
($412,720) $53,395,800

17.2. Bainbridge PSATC

Purpose: Provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision.

Total Funds

$5,920,883

Federal Funds and Grants

$20,743

Federal Funds Not Specifically Identified

$20,743

Other Funds

$172,046

772

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified

$172,046

State Funds

$5,728,094

State General Funds

$5,728,094

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,408,425

$6,601,214

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$371

$371

Defer state employees' salary increases effective January 1, 2009.

($103,998)

($103,998)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($199,718)

($199,718)

Reduce cost of operations agency-wide.

($139,405)

($139,405)

Reduce funds from the contract with Spectrum to provide substance abuse treatment and utilize other available revenue.

($237,581)

($237,581)

Amount appropriated in this Act

$5,728,094

$5,920,883

17.3. Food and Farm Operations

Purpose: Raise crops and livestock, and produce dairy items used in preparing meals for offenders.

Total Funds

$13,197,084

Federal Funds and Grants

$0

Other Funds

$2,100,000

Other Funds - Not Specifically Identified

$2,100,000

State Funds

$11,097,084

State General Funds

$11,097,084

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

773

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Adjust funds due to a change in occupancy dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons.
Reduce cost of operations agency-wide.
Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.
Reduce funds from reserves for operations to one and a half months.
Amount appropriated in this Act

State Funds $14,017,358
$18,601

Total Funds $16,117,358
$18,601

($80,186) ($292,863)

($80,186) ($292,863)

($69,519)

($69,519)

($993,544) ($2,763)
($1,500,000)
$11,097,084

($993,544) ($2,763)
($1,500,000)
$13,197,084

17.4. Health

Purpose: Provide the required constitutional level of health care to the inmates of the correctional system in the most cost-effective and humane manner possible.

Total Funds

$221,908,571

Federal Funds and Grants

$0

Other Funds

$8,390,000

Other Funds - Not Specifically Identified

$8,390,000

State Funds

$213,518,571

State General Funds

$213,518,571

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

774

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Adjust funds due to a change in occupancy dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons.
Reduce cost of operations agency-wide.
Reduce funds for inmate medical services.
Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.
Amount appropriated in this Act

State Funds $218,169,039
$9,143

Total Funds $226,559,039
$9,143

($176,259) ($677,562)

($176,259) ($677,562)

($1,647,950) ($1,647,950)

($376,257) ($1,000,000)
($781,583)
$213,518,571

($376,257) ($1,000,000)
($781,583)
$221,908,571

17.5. Jail Subsidy

Purpose: Reimburse counties for the costs of incarcerating state prisoners in their local facilities.

Total Funds

$8,596,724

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$8,596,724

State General Funds

$8,596,724

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 (HB990)

$6,196,724

$6,196,724

THURSDAY, FEBRUARY 26, 2009

775

Increase funds for County Jail Subsidy payments ($1,000,000) and transfer funds from the Offender Management program ($1,400,000).
Amount appropriated in this Act

$2,400,000

$2,400,000

$8,596,724

$8,596,724

17.6. Offender Management

Purpose: Provide cost-effective correctional services that ensure public safety.

Total Funds

$42,228,133

Federal Funds and Grants

$0

Other Funds

$30,000

Other Funds - Not Specifically Identified

$30,000

State Funds

$42,198,133

State General Funds

$42,198,133

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 (HB990)

$44,612,613

$44,642,613

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$40,335

$40,335

Defer state employees' salary increases effective January 1, 2009.

($48,806)

($48,806)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($200,220)

($200,220)

Reduce cost of operations agency-wide.

($183,836)

($183,836)

Reduce the number of canine teams in the state from 31 to 17.

($78,782)

($78,782)

Defer departmental participation on 2 regional fugitive task forces.

($543,171)

($543,171)

Transfer funds to the County Jail Subsidy program as a result of managing bed space at

($1,400,000) ($1,400,000)

776

JOURNAL OF THE HOUSE

County Correctional Institutions (CCI) at a 95% utilization rate.
Amount appropriated in this Act

$42,198,133

$42,228,133

17.7. Parole Revocation Centers

Purpose: Provide a sanction for parole violations.

Total Funds

$4,544,686

Federal Funds and Grants

$10,510

Federal Funds Not Specifically Identified

$10,510

Other Funds

$405,000

Other Funds - Not Specifically Identified

$405,000

State Funds

$4,129,176

State General Funds

$4,129,176

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 (HB990)

$4,658,760

$5,074,270

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,623

$11,623

Defer state employees' salary increases effective January 1, 2009.

($186,837)

($186,837)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($205,357)

($205,357)

Reduce cost of operations agency-wide.

($149,013)

($149,013)

Amount appropriated in this Act

$4,129,176

$4,544,686

17.8. Private Prisons

Purpose: Provide a cost-effective correctional service that ensures public safety.

Total Funds

$83,084,359

Federal Funds and Grants

$0

THURSDAY, FEBRUARY 26, 2009

777

Other Funds

$0

State Funds

$83,084,359

State General Funds

$83,084,359

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$85,297,250

$85,297,250

Eliminate the private prison Consumer Price Index (CPI) adjustment for FY 2009.

($2,017,747) ($2,017,747)

Eliminate RFP contract funds and redirect $804,856 to eliminate the population drawdown at private prisons.

($195,144)

($195,144)

Amount appropriated in this Act

$83,084,359

$83,084,359

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

$40,472,925

Federal Funds and Grants

$671,975

Federal Funds Not Specifically Identified

$671,975

Other Funds

$6,002,836

Other Funds - Not Specifically Identified

$6,002,836

State Funds

$33,781,623

State General Funds

$33,781,623

Intra-State Government Transfers

$16,491

Other Intra-State Government Payments

$16,491

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$46,960,470

$53,651,772

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$99,945

$99,945

778

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce cost of operations agency-wide.
Reduce personal services due to departmentwide hiring freeze.
Close the I.W. Davis and Terrell Probation Detention Centers.
Redistribute funding and 47 positions to the Transition Center (TC) program to reflect the remissioning of one unit of the Emanuel Probation Detention Center as a TC.
Redistribute funding and 49 positions to the State Prisons program to reflect the remissioning of West Central Probation Detention Center as a Pre-Release Center.
Amount appropriated in this Act

($1,294,265) ($2,022,060)

($1,294,265) ($2,022,060)

($1,502,734) ($255,875)
($3,275,279)
($2,314,792)

($1,502,734) ($255,875)
($3,275,279)
($2,314,792)

($2,613,787) ($2,613,787)

$33,781,623

$40,472,925

17.10. Probation Diversion Centers

Purpose: Provide a residential sentencing option that allows offenders to continue to work in the community while receiving close supervision from corrections officials.

Total Funds

$4,656,356

Federal Funds and Grants

$0

Other Funds

$3,105,003

Other Funds - Not Specifically Identified

$3,105,003

State Funds

$1,551,353

State General Funds

$1,551,353

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 (HB990)

$7,628,790

$10,733,793

THURSDAY, FEBRUARY 26, 2009

779

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Continue the migration from the Diversion Center sentencing option to a program intensive Day Reporting Center option by closing the 4 remaining diversion centers.
Redistribute funding and 24 positions to the Probation Supervision program to continue the migration from the Diversion Center sentencing option to a program intensive Day Reporting Center (DRC) option by establishing 3 new DRCs.
Redistribute funding and 31 positions to the Transition Center (TC) program to reflect the remissioning of Clayton Diversion Center as a TC.
Amount appropriated in this Act

$12,856
($291,681) $0

$12,856
($291,681) $0

($4,568,838) ($4,568,838) ($1,073,615) ($1,073,615)

($156,159)

($156,159)

$1,551,353

$4,656,356

17.11. Probation Supervision

Purpose: Supervise probationers.

Total Funds

$80,098,763

Federal Funds and Grants

$60,032

Federal Funds Not Specifically Identified

$60,032

Other Funds

$159,114

Other Funds - Not Specifically Identified

$159,114

State Funds

$79,879,617

State General Funds

$79,879,617

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

780

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce personal services due to departmentwide hiring freeze.
Reduce cost of operations agency-wide.
Redistribute funding and 24 positions from the Probation Diversion Center program to continue the migration from the Diversion Center sentencing option to a program intensive Day Reporting Center (DRC) by establishing 3 new DRCs.
Reduce funding for motor vehicle purchases.
Amount appropriated in this Act

State Funds $86,521,774
$365,784

Total Funds $86,740,920
$365,784

($888,066) ($4,383,847)

($888,066) ($4,383,847)

($440,093)
($2,344,124) $1,073,615

($440,093)
($2,344,124) $1,073,615

($25,426) $79,879,617

($25,426) $80,098,763

17.12. State Prisons

Purpose: House violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment.

Total Funds

$507,143,451

Federal Funds and Grants

$2,664,127

Federal Funds Not Specifically Identified

$2,664,127

Other Funds

$11,389,603

Other Funds - Not Specifically Identified

$11,389,603

State Funds

$482,781,514

State General Funds

$482,781,514

Intra-State Government Transfers

$10,308,207

Other Intra-State Government Payments

$10,308,207

THURSDAY, FEBRUARY 26, 2009

781

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$553,749,700 $578,111,637

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$982,187

$982,187

Defer state employees' salary increases effective January 1, 2009.

($11,933,141) ($11,933,141)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($24,476,802) ($24,476,802)

Realize efficiencies in staffing patterns for counselors, secretaries, clerks, and chaplains.

($444,962)

($444,962)

Reduce cost of operations agency-wide.

($10,994,843) ($10,994,843)

Reduce the number of canine teams in the state from 31 to 17.

($450,984)

($450,984)

Adjust funds due to a change in occupancy dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons with adjustments to funding and elimination of 16 positions each at Coastal, Hays, and Ware based on a more streamlined funding model.

($4,115,386) ($4,115,386)

Close 4 State Prison (SP) facilities identified as "non-enduring" in the 2007 facility master plan: Rivers SP, Wayne SP, Homerville SP, and Milan SP; and, in addition, West Georgia Boot Camp, and Pelham Pre-Release Center.

($16,517,234) ($16,517,234)

Redistribute funding and 49 positions from the Probation Detention Center Program (PDC) to reflect the remissioning of West Central PDC as a Pre-Release Center.

$2,613,787

$2,613,787

Reduce academic ($331,320) and vocational ($116,751) education programs.

($448,071)

($448,071)

782

JOURNAL OF THE HOUSE

Reduce security overtime in the state prisons program through staff realignment from facility closures.
Reduce personal services due to a department-wide hiring freeze.
Eliminate 7 central office positions and reduce the central operating budget for statewide fire services.
Reduce funds from the Residential Substance Abuse Treatment (RSAT) contract and utilize other available funds.
Amount appropriated in this Act

($4,342,733) ($4,342,733)

$0

$0

$0

$0

($840,004)

($840,004)

$482,781,514 $507,143,451

17.13. Transition Centers

Purpose: Provide "work release" opportunities for inmates nearing the end of their prison term, allowing them 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

$26,691,397

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$26,460,269

State General Funds

$26,460,269

Intra-State Government Transfers

$231,128

Other Intra-State Government Payments

$231,128

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$28,430,020

$28,661,148

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$65,382

$65,382

Defer state employees' salary increases effective January 1, 2009.

($526,551)

($526,551)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and

($1,341,410) ($1,341,410)

THURSDAY, FEBRUARY 26, 2009

783

to 0%, effective March 1, 2009.)
Reduce cost of operations agency-wide.
Reduce personal services due to departmentwide hiring freeze.
Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.
Redistribute funding and 31 positions from the Probation Diversion Center (DC) program to reflect the remissioning of Clayton DC as a Transition Center.
Redistribute funding and 47 positions from the Probation Detention Center Program (PDC) to reflect the remissioning of one unit of the Emanuel PDC as a Transition Center.
Amount appropriated in this Act

($865,241) ($128,409)
($1,644,473)
$156,159

($865,241) ($128,409)
($1,644,473)
$156,159

$2,314,792

$2,314,792

$26,460,269

$26,691,397

Section 18: Defense, 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

$39,480,104 $28,312,701 $28,312,701
$816,341 $813,441
$2,900 $10,351,062 $10,351,062
$0

18.1. Administration

Purpose: Provide administration to the organized militia in the State of Georgia.

Total Funds

$1,486,794

Federal Funds and Grants

$409,445

Federal Funds Not Specifically Identified

$409,445

Other Funds

$0

State Funds

$1,077,349

State General Funds

$1,077,349

Intra-State Government Transfers

$0

784

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 (HB990)

$1,326,490

$1,735,935

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$705

$705

Defer state employees' salary increases effective January 1, 2009.

($13,930)

($13,930)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($55,916)

($55,916)

Provide for an additional reduction to operations.

$0

$0

Defer filling vacancies agency-wide.

($55,000)

($55,000)

Reduce travel to out-of-state conferences and meetings.

($4,000)

($4,000)

Transfer funds to the Military Readiness program to lease a facility for the new 348th Brigade Support Battalion.

($66,000)

($66,000)

Discontinue the Recruiting Incentive Bonus program.

($55,000)

($55,000)

Amount appropriated in this Act

$1,077,349

$1,486,794

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 ensure the safety and well being of all citizens.

Total Funds

$25,537,252

Federal Funds and Grants

$20,100,133

Federal Funds Not Specifically Identified

$20,100,133

Other Funds

$816,341

Agency Funds

$813,441

Other Funds - Not Specifically Identified

$2,900

THURSDAY, FEBRUARY 26, 2009

785

State Funds

$4,620,778

State General Funds

$4,620,778

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,052,603

$25,969,077

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,614

$1,614

Defer state employees' salary increases effective January 1, 2009.

($56,012)

($56,012)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($172,764)

($172,764)

Provide for an additional reduction to operations.

($102,663)

($102,663)

Defer filling vacancies agency-wide.

($150,000)

($150,000)

Reduce travel to out-of-state conferences and meetings.

($3,000)

($3,000)

Transfer funds from the Administration program to lease a facility for the new 348th Brigade Support Battalion.

$66,000

$66,000

Diminish operating costs by utilizing alternative means for the publication of the Georgia Guardsman.

($15,000)

($15,000)

Amount appropriated in this Act

$4,620,778

$25,537,252

18.3. Youth Educational Services

Purpose: Provide educational and vocational opportunities to at-risk youth in Georgia.

Total Funds

$12,456,058

Federal Funds and Grants

$7,803,123

Federal Funds Not Specifically Identified

$7,803,123

786

JOURNAL OF THE HOUSE

Other Funds

$0

State Funds

$4,652,935

State General Funds

$4,652,935

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,337,548

$13,140,671

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$166

$166

Defer state employees' salary increases effective January 1, 2009.

($47,502)

($47,502)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($237,277)

($237,277)

Remove state funds for new Savannah Starbase program provided in FY 2009.

($400,000)

($400,000)

Realize operational efficiencies at each Youth Challenge Academy.

$0

$0

Amount appropriated in this Act

$4,652,935

$12,456,058

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

$58,370,684 $0
$2,844,040 $2,844,040 $55,526,644 $55,526,644
$0

19.1. Customer Service Support

Purpose: Administer license issuance and regulatory compliance services.

Total Funds

$8,931,091

THURSDAY, FEBRUARY 26, 2009

787

Federal Funds and Grants

$0

Other Funds

$500,857

Other Funds - Not Specifically Identified

$500,857

State Funds

$8,430,234

State General Funds

$8,430,234

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 (HB990)

$9,397,002

$9,897,859

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$105,867

$105,867

Defer state employees' salary increases effective January 1, 2009.

($64,919)

($64,919)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($336,267)

($336,267)

Defer filling 27 vacant positions for the Secure License initiative funded in FY 2009.

($99,649)

($99,649)

Realize operational efficiencies through modifications to service delivery and operations costs.

($137,025)

($137,025)

Reduce data line charges due to efficiencies realized after driver data cleanup.

($100,000)

($100,000)

Reduce funding for public service announcements, travel, and recruitment.

($191,599)

($191,599)

Reduce operating expenses agency-wide.

($83,576)

($83,576)

Reduce postage expenses by using electronic receipt of certified mail for official purposes.

($59,600)

($59,600)

Amount appropriated in this Act

$8,430,234

$8,931,091

19.2. License Issuance Purpose: Issue Georgia driver's licenses and license renewals through alternative

788

JOURNAL OF THE HOUSE

methods in the most cost effective and efficient manner.

Total Funds

$45,434,632

Federal Funds and Grants

$0

Other Funds

$1,827,835

Other Funds - Not Specifically Identified

$1,827,835

State Funds

$43,606,797

State General Funds

$43,606,797

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$48,970,925

$50,798,760

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$502,743

$502,743

Defer state employees' salary increases effective January 1, 2009.

($693,948)

($693,948)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,873,819) ($1,873,819)

Provide for an additional reduction to operations.

($279,826)

($279,826)

Defer filling 27 vacant positions for the Secure License initiative funded in FY 2009.

($874,802)

($874,802)

Realize operational efficiencies through modifications to service delivery and operations costs.

($36,976)

($36,976)

Reduce data line charges due to efficiencies realized after driver data cleanup.

($200,000)

($200,000)

Reduce funding for public service announcements, travel, and recruitment.

($66,055)

($66,055)

Reduce operating expenses agency-wide.

($299,250)

($299,250)

Defer funding for motor vehicle purchases.

($130,000)

($130,000)

THURSDAY, FEBRUARY 26, 2009

789

Realize savings through monitored distribution of driver license manuals and utilization of online versions.
Delay opening the Forsyth Customer Service Center until January 2009 and the Walton County Customer Service Center until July 2009.
Defer the opening of the Clayton and defer the relocation of the Toccoa Customer Service Centers and eliminate 3 positions.
Amount appropriated in this Act

($300,000) ($980,559)

($300,000) ($980,559)

($131,636)

($131,636)

$43,606,797

$45,434,632

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

$4,004,961

Federal Funds and Grants

$0

Other Funds

$515,348

Other Funds - Not Specifically Identified

$515,348

State Funds

$3,489,613

State General Funds

$3,489,613

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 (HB990)

$4,423,584

$4,938,932

Defer state employees' salary increases effective January 1, 2009.

($20,195)

($20,195)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($104,603)

($104,603)

Realize operational efficiencies through modifications to service delivery and operations costs.

($387,149)

($387,149)

790

JOURNAL OF THE HOUSE

Reduce funding for public service announcements, travel, and recruitment.
Reduce funding by only offering Alcohol and Drug Awareness Program makeup courses online.
Institute risk-based auditing for driver education and third party commercial driver's license tester programs.
Reduce operating expenses agency-wide.
Reduce funding for the Georgia Driver's Education Commission.
Amount appropriated in this Act

($8,500) ($75,000)
($40,000)
($22,903) ($275,621) $3,489,613

($8,500) ($75,000)
($40,000)
($22,903) ($275,621) $4,004,961

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

$461,599,341 $124,640,740
$310,000 $124,330,740
$55,000 $55,000 $336,903,601 $333,134,758 $3,768,843
$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

$7,846,760

Federal Funds and Grants

$4,022,917

Child Care & Development Block Grant

$310,000

Federal Funds Not Specifically Identified

$3,712,917

Other Funds

$55,000

Other Funds - Not Specifically Identified

$55,000

State Funds

$3,768,843

State General Funds

$3,768,843

THURSDAY, FEBRUARY 26, 2009

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 (HB990)

$4,574,106

$8,652,023

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,866

$4,866

Defer state employees' salary increases effective January 1, 2009.

($54,307)

($54,307)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($250,689)

($250,689)

Provide for an additional reduction to operations.

($38,253)

($38,253)

Freeze 1 Child Care licensing position.

($46,000)

($46,000)

Reduce operating expenses in the Child Care Services program.

($279,174)

($279,174)

Close regional office in Martinez, Georgia and maintain same level of service.

($54,369)

($54,369)

Reduce personal services.

($87,337)

($87,337)

Amount appropriated in this Act

$3,768,843

$7,846,760

20.2. Nutrition

Purpose: To ensure that eligible children and adults receive USDA compliant meals.

Total Funds

$102,000,000

Federal Funds and Grants

$102,000,000

Federal Funds Not Specifically Identified

$102,000,000

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.

792

JOURNAL OF THE HOUSE

Total Funds

$333,752,581

Federal Funds and Grants

$617,823

Federal Funds Not Specifically Identified

$617,823

Other Funds

$0

State Funds

$333,134,758

Lottery Funds

$333,134,758

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$337,018,148 $337,635,971

Defer state employees' salary increases effective January 1, 2009.

($34,650)

($34,650)

Provide for a reduction to Pre-K administration and redirect funds to HOPE Scholarships Public Schools.

($504,338)

($504,338)

Reduce the State Health Benefit Plan employer contribution rate for state employees from 22.165% to 0% effective February 1, 2009 and redirect funds to HOPE Scholarships Public Schools.

($180,936)

($180,936)

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 3.688% for Pre-K teachers effective March 1, 2009 and redirect funds to HOPE Scholarships Public Schools.

($3,163,466) ($3,163,466)

Amount appropriated in this Act

$333,134,758 $333,752,581

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

$18,000,000

Federal Funds and Grants

$18,000,000

Federal Funds Not Specifically Identified

$18,000,000

THURSDAY, FEBRUARY 26, 2009

793

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

$32,368,770 $0
$20,244 $20,244 $32,348,526 $32,348,526
$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

$4,815,474

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$4,815,474

State General Funds

$4,815,474

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,232,628

$6,232,628

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$13,511

$13,511

Defer state employees' salary increases effective January 1, 2009.

($44,495)

($44,495)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($243,733)

($243,733)

Provide for an additional reduction to operations.

$0

$0

Reduce marketing funds.

($500,000)

($500,000)

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JOURNAL OF THE HOUSE

Reduce funds for the Georgia Shrimp Association.
Eliminate 1 vacant graphics specialist position ($72,965), 1 vacant programmer position ($68,487), 1 vacant executive director position ($60,061), 1 vacant administrative position ($38,643), and 1 vacant systems administrator position ($46,875).
Reduce operating expenses.
Amount appropriated in this Act

($100,000) ($467,437)

($100,000) ($467,437)

($75,000) $4,815,474

($75,000) $4,815,474

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

$9,531,928

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$9,531,928

State General Funds

$9,531,928

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 (HB990)

$11,256,519

$11,256,519

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$7,835

$7,835

Defer state employees' salary increases effective January 1, 2009.

($75,543)

($75,543)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($299,741)

($299,741)

Provide for an additional reduction to operations.

$0

$0

THURSDAY, FEBRUARY 26, 2009

795

Reduce funds for domestic and global marketing.
Eliminate 1 office administrative generalist position ($49,814) and 1 vacant marketing specialist position ($67,240).
Amount appropriated in this Act

($1,074,959) ($282,183)

($1,074,959) ($282,183)

$9,531,928

$9,531,928

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

$1,027,227

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,027,227

State General Funds

$1,027,227

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 (HB990)

$1,197,025

$1,197,025

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$235

$235

Defer state employees' salary increases effective January 1, 2009.

($6,345)

($6,345)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($33,688)

($33,688)

Reduce marketing funds.

($130,000)

($130,000)

Amount appropriated in this Act

$1,027,227

$1,027,227

21.4. Innovation and Technology Purpose: Provide leadership in the recruitment, growth, and marketing of the

796

JOURNAL OF THE HOUSE

bioscience and technology industry in Georgia.

Total Funds

$1,477,015

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,477,015

State General Funds

$1,477,015

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,932,504

$1,932,504

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$611

$611

Defer state employees' salary increases effective January 1, 2009.

($6,191)

($6,191)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($31,822)

($31,822)

Provide for an additional reduction to operations.

($108,370)

($108,370)

Reduce marketing funds provided to the Georgia Electronic Design Center.

($150,000)

($150,000)

Reduce personal services to reflect projected expenditures.

($52,217)

($52,217)

Remove contract funds added in FY 2009 for the Herty Advanced Materials Development Center.

($100,000)

($100,000)

Reduce contract funds provided to the Appalachian Community Enterprises for micro-enterprise loans.

($7,500)

($7,500)

Amount appropriated in this Act

$1,477,015

$1,477,015

THURSDAY, FEBRUARY 26, 2009

797

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

$2,022,863

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,022,863

State General Funds

$2,022,863

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,440,966

$2,440,966

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,409

$1,409

Defer state employees' salary increases effective January 1, 2009.

($10,697)

($10,697)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($54,965)

($54,965)

Eliminate 1 vacant business operations position.

($55,420)

($55,420)

Reduce marketing funds.

($298,430)

($298,430)

Amount appropriated in this Act

$2,022,863

$2,022,863

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

$853,288

Federal Funds and Grants

$0

Other Funds

$20,244

Other Funds - Not Specifically Identified

$20,244

798

JOURNAL OF THE HOUSE

State Funds

$833,044

State General Funds

$833,044

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$958,904

$979,148

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$845

$845

Defer state employees' salary increases effective January 1, 2009.

($8,376)

($8,376)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($43,020)

($43,020)

Eliminate 1 vacant business operations position.

($75,309)

($75,309)

Amount appropriated in this Act

$833,044

$853,288

21.7. Tourism

Purpose: Provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures.

Total Funds

$11,033,893

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$11,033,893

State General Funds

$11,033,893

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 (HB990)

$13,460,178

$13,460,178

THURSDAY, FEBRUARY 26, 2009

799

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contract funds for Historic Chattahoochee ($2,500), Woodstock and Statesboro Convention and Visitor Bureaus ($4,000), Georgia Historical Society ($6,000), Washington-Wilkes Visitor Information Center ($2,500), Bainbridge Welcome Center ($9,833), Warner Robins Air Force Museum ($2,500) and Local Welcome Centers ($15,513).
Reduce personal services to reflect projected expenditures.
Reduce funds for Tourism marketing.
Reduce marketing funds for travel, training, and promotional items.
Remove funds added in FY 2008 for the Civil War Commemoration planning.
Reduce operating expenses for the State Visitor Information Centers.
Reduce funds received in HB 990 (FY09G) from the Veteran's Wall of Honor.
Amount appropriated in this Act

$9,311
($46,586) ($243,564)

$9,311
($46,586) ($243,564)

($87,846)

($87,846)

($220,000) ($662,600) ($500,000) ($500,000) ($25,000) ($150,000) $11,033,893

($220,000) ($662,600) ($500,000) ($500,000) ($25,000) ($150,000) $11,033,893

The following appropriations are for agencies attached for administrative purposes.

21.8. Payments to Aviation Hall of Fame Purpose: Provide operating funds for the Aviation Hall of Fame.
Total Funds

$44,550

800

JOURNAL OF THE HOUSE

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$44,550

State General Funds

$44,550

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 (HB990)

$50,000

$50,000

Provide for an additional reduction to operations.

($450)

($450)

Reduce operating expenses.

($5,000)

($5,000)

Amount appropriated in this Act

$44,550

$44,550

21.9. Payments to Golf Hall of Fame

Purpose: Provide operating funds for the Golf Hall of Fame.

Total Funds

$98,010

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$98,010

State General Funds

$98,010

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$110,000

$110,000

Provide for an additional reduction to operations.

($990)

($990)

Reduce funds for personal services ($4,400) and operating expenses ($6,600).

($11,000)

($11,000)

Amount appropriated in this Act

$98,010

$98,010

21.10. Payments to Georgia Medical Center Authority Purpose: Provide funds for the Georgia Medical Center Authority.
Total Funds

$258,675

THURSDAY, FEBRUARY 26, 2009

801

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$258,675

State General Funds

$258,675

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$414,189

$414,189

Defer state employees' salary increases effective January 1, 2009.

($2,901)

($2,901)

Provide for an additional reduction to operations.

($2,613)

($2,613)

Reduce operating expenses.

($150,000)

($150,000)

Amount appropriated in this Act

$258,675

$258,675

21.11. Payments to Georgia Music Hall of Fame

Purpose: Provide operating funds for the Georgia Music Hall of Fame.

Total Funds

$650,437

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$650,437

State General Funds

$650,437

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 (HB990)

$826,790

$826,790

Defer state employees' salary increases effective January 1, 2009.

($7,071)

($7,071)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($32,691)

($32,691)

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JOURNAL OF THE HOUSE

Provide for an additional reduction to operations.
Reduce operating expenses.
Remove funds provided in FY 2009 for the Big House.
Amount appropriated in this Act

($6,593)
($79,998) ($50,000)
$650,437

($6,593)
($79,998) ($50,000)
$650,437

21.12. Payments to Georgia Sports Hall of Fame Authority

Purpose: Provide operating funds to the Georgia Sports Hall of Fame.

Total Funds

$510,860

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$510,860

State General Funds

$510,860

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$651,969

$651,969

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,785

$1,785

Defer state employees' salary increases effective January 1, 2009.

($3,960)

($3,960)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($20,727)

($20,727)

Provide for an additional reduction to operations.

($5,175)

($5,175)

Reduce operating expenses.

($88,032)

($88,032)

Delete one-time funds provided in FY 2008 for operations.

($25,000)

($25,000)

Amount appropriated in this Act

$510,860

$510,860

THURSDAY, FEBRUARY 26, 2009

803

21.13. 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

$44,550

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$44,550

State General Funds

$44,550

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 (HB990)

$50,000

$50,000

Provide for an additional reduction to operations.

($450)

($450)

Reduce operating expenses.

($5,000)

($5,000)

Amount appropriated in this Act

$44,550

$44,550

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

$9,307,188,729 $1,776,517,223 $1,776,517,223
$26,848,083 $26,848,083 $7,503,823,423 $7,503,823,423
$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 made in accordance with funds appropriated by this Act.

22.1. Academic Coach Purpose: Provide certificated public school teachers who exhibit excellence in the

804

JOURNAL OF THE HOUSE

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

$3,278,492

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,278,492

State General Funds

$3,278,492

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,244,353

$5,244,353

Defer state employees' salary increases effective January 1, 2009.

($27,261)

($27,261)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($115,982)

($115,982)

Provide for an additional reduction to operations.

($67,128)

($67,128)

Reduce funding for the Academic Coach subprogram based on anticipated need.

($893,710)

($893,710)

Realize savings from 7 vacant math and science mentor positions and reduce regular operating expenses.

($661,780)

($661,780)

Eliminate funding for the Mentor Teacher program.

($200,000)

($200,000)

Amount appropriated in this Act

$3,278,492

$3,278,492

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

$12,106,355

Federal Funds and Grants

$126,577

THURSDAY, FEBRUARY 26, 2009

805

Federal Funds Not Specifically Identified

$126,577

Other Funds

$3,540,002

Other Funds - Not Specifically Identified

$3,540,002

State Funds

$8,439,776

State General Funds

$8,439,776

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,985,622

$12,652,201

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($255,747)

($255,747)

Provide for an additional reduction to operations.

$0

$0

Provide for a reduction to Food Processing Plants.

($50,000)

($50,000)

Provide for a reduction to the Area Teacher Program.

($50,294)

($50,294)

Provide for a reduction to Extended Year/Extended Day.

($92,282)

($92,282)

Provide for a reduction to Young Farmers.

($82,842)

($82,842)

Provide for a reduction to Youth Camps.

($14,681)

($14,681)

Amount appropriated in this Act

$8,439,776

$12,106,355

22.3. Central Office

Purpose: Act as a service oriented agency supporting local school districts.

Total Funds

$96,302,086

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

$34,773,038

806

JOURNAL OF THE HOUSE

State General Funds

$34,773,038

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$41,124,236 $102,653,284

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$99,016

$99,016

Defer state employees' salary increases effective January 1, 2009.

($435,111)

($435,111)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,528,237) ($1,528,237)

Provide for an additional reduction to operations.

($456,434)

($456,434)

Eliminate the teacher liability insurance effective February 1, 2009.

($136,364)

($136,364)

Realize savings from 40 vacant positions ($1,910,869), operating expenses ($755,634), and contractual services ($1,227,565).

($3,894,068) ($3,894,068)

Amount appropriated in this Act

$34,773,038

$96,302,086

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

$10,195,883

Federal Funds and Grants

$7,365,691

Federal Funds Not Specifically Identified

$7,365,691

Other Funds

$0

State Funds

$2,830,192

State General Funds

$2,830,192

THURSDAY, FEBRUARY 26, 2009

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 (HB990)

$3,480,193

$10,845,884

Provide for an additional reduction to operations.

$0

$0

Reduce facility grants ($50,000) and planning grants ($25,000).

($25,000)

($25,000)

Eliminate funding for 2 temporary positions for the Charter School Commission.

($200,001)

($200,001)

Reduce the number of implementation grants from 5 to 2.

($375,000)

($375,000)

Reduce facility grants ($50,000) and planning grants ($25,000)

($50,000)

($50,000)

Amount appropriated in this Act

$2,830,192

$10,195,883

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

$1,173,347

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,173,347

State General Funds

$1,173,347

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,320,623

$1,320,623

Provide for an additional reduction to operations.

($15,214)

($15,214)

Reduce funding by 10%.

($132,062)

($132,062)

Amount appropriated in this Act

$1,173,347

$1,173,347

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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

$1,378,447

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,378,447

State General Funds

$1,378,447

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 (HB990)

$1,574,833

$1,574,833

Provide for an additional reduction to operations.

($74,833)

($74,833)

Reduce contractual services by 10%.

($121,553)

($121,553)

Amount appropriated in this Act

$1,378,447

$1,378,447

22.7. Dropout Prevention

Purpose: Reduce dropout rates for Georgia students.

Total Funds

$49,513,321

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$49,513,321

State General Funds

$49,513,321

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 (HB990)

$53,174,636

$53,174,636

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and

($2,387,982) ($2,387,982)

THURSDAY, FEBRUARY 26, 2009

809

to 3.668%, effective March 1, 2009.)
Reduce funding for graduation coaches based on actual number of coaches.
Reduce funding for spring training session for graduation coaches.
Eliminate startup funds provided for JROTC programs.
Amount appropriated in this Act

($1,000,000) ($33,333) ($240,000)
$49,513,321

($1,000,000) ($33,333) ($240,000)
$49,513,321

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

$556,507,932

State Funds

$556,507,932

State General Funds

$556,507,932

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$548,529,543 $548,529,543

Increase funding for a mid-term adjustment.

$7,978,389

$7,978,389

Amount appropriated in this Act

$556,507,932 $556,507,932

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

22.10. Foreign Language

Purpose: Provide funds to schools for foreign language instruction.

Total Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

810

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Eliminate funds provided for the Georgia Virtual Academy for virtual elementary foreign language.
Amount appropriated in this Act

State Funds $384,375
($384,375)

Total Funds $384,375
($384,375)

$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

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

$5,346,429

Federal Funds and Grants

$0

Other Funds

$722,213

Other Funds - Not Specifically Identified

$722,213

State Funds

$4,624,216

State General Funds

$4,624,216

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,123,362

$4,845,575

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($368,028)

($368,028)

Provide for an additional reduction to operations.

($61,298)

($61,298)

THURSDAY, FEBRUARY 26, 2009

811

Provide funds for 1,500 additional slots for the Georgia Virtual School program.
Amount appropriated in this Act

$930,180 $4,624,216

$930,180 $5,346,429

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 (HB990)

$250,000

$250,000

Provide for an additional reduction to operations.

$0

$0

Amount appropriated in this Act

$250,000

$250,000

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

$1,329,574

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,329,574

State General Funds

$1,329,574

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,443,893

$1,443,893

812

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce contractual services funding.
Amount appropriated in this Act

($7,483) ($31,836)

($7,483) ($31,836)

$0
($75,000) $1,329,574

$0
($75,000) $1,329,574

22.15. Information Technology Services

Purpose: Collect and report accurate data through the development and maintenance of web-enabled applications.

Total Funds

$6,849,088

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$6,849,088

State General Funds

$6,849,088

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 (HB990)

$7,217,319

$7,217,319

Provide for an additional reduction to operations.

$0

$0

Reduce contractual services funding to begin to phase out the program.

($368,231)

($368,231)

Amount appropriated in this Act

$6,849,088

$6,849,088

22.16. Local 5 Mill Share-Quality Basic Education

Purpose: Required local effort based on five mills of tax on the equalized adjusted property tax digest.

Total Funds

($1,689,780,568)

State Funds

($1,689,780,568)

THURSDAY, FEBRUARY 26, 2009

813

State General Funds

($1,689,780,568)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

($1,690,849,786) ($1,690,849,786)

Adjust funding for Local Five Mill Share for school systems with declining tax digests.

$1,069,218

$1,069,218

Amount appropriated in this Act

($1,689,780,568) ($1,689,780,568)

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

State Funds

$12,294,628

State General Funds

$12,294,628

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

$712,500

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$712,500

State General Funds

$712,500

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$750,000

$750,000

Provide for an additional reduction to operations.

($37,500)

($37,500)

Amount appropriated in this Act

$712,500

$712,500

814

JOURNAL OF THE HOUSE

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

$27,847,020

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$27,847,020

State General Funds

$27,847,020

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 (HB990)

$28,625,373

$28,625,373

Provide for an additional reduction to operations.

($18,965)

($18,965)

Reduce funding for Migrant Education ($10,396) and Sparsity Grants ($254,098).

($264,494)

($264,494)

Reduce funding for Special Needs Scholarships ($113,135) and the Special Education - Low Incidence Grants ($16,534).

($129,669)

($129,669)

Reduce funding for classroom cards based on actual expenditures.

($285,000)

($285,000)

Reduce grant funds for Residential Treatment Centers.

($80,225)

($80,225)

Amount appropriated in this Act

$27,847,020

$27,847,020

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

State Funds

$39,823,217

State General Funds

$39,823,217

THURSDAY, FEBRUARY 26, 2009

815

22.21. Preschool Handicapped

Purpose: Provide early intervention so students with disabilities will enter school with the skills to succeed.

Total Funds

$29,250,869

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$29,250,869

State General Funds

$29,250,869

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$30,358,072

$30,358,072

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($1,107,203) ($1,107,203)

Provide for an additional reduction to operations.

$0

$0

Amount appropriated in this Act

$29,250,869

$29,250,869

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

State Funds

$170,943,051

State General Funds

$170,943,051

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

$8,074,512,886

Federal Funds and Grants

$145,317,456

Federal Funds Not Specifically Identified

$145,317,456

816

JOURNAL OF THE HOUSE

Other Funds

$0

State Funds

$7,929,195,430

State General Funds

$7,929,195,430

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,480,835,299 $8,480,835,299

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($348,693,969) ($348,693,969)

Provide for an additional reduction to operations.

($95,317,456) ($95,317,456)

Provide a mid-term adjustment for enrollment growth of 0.23%.

$77,871,275

$77,871,275

Provide funds for dual enrollment courses.

$0

$0

Reduce QBE funding by 2%.

($135,799,719) ($135,799,719)

Remove additional QBE enhancements.

($50,000,000) ($50,000,000)

Add funds to correct an error in Tift County Public Schools CPI data.

$300,000

$300,000

Provide $145,317,456 in federal American Recovery and Reinvestment Act fiscal stabilization funds based on Georgia's compliance with maintaining FY2006 funding levels and other required assurances and pending the approval of the Governor's application for funding.

$0 $145,317,456

Amount appropriated in this Act

$7,929,195,430 $8,074,512,886

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

$10,656,151

Federal Funds and Grants

$0

THURSDAY, FEBRUARY 26, 2009

817

Other Funds

$0

State Funds

$10,656,151

State General Funds

$10,656,151

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 (HB990)

$12,408,840

$12,408,840

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($511,805)

($511,805)

Provide for an additional reduction to operations.

$0

$0

Reduce funding by 10% in the Regional Education Service Agencies program.

($1,240,884) ($1,240,884)

Amount appropriated in this Act

$10,656,151

$10,656,151

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

$8,552,849

Federal Funds and Grants

$0

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$8,452,849

State General Funds

$8,452,849

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 (HB990)

$10,191,533

$10,291,533

818

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Realize personal service savings from approximately 5 vacant positions.
Amount appropriated in this Act

($140,581) ($598,103)

($140,581) ($598,103)

($500,000) ($500,000) $8,452,849

($500,000) ($500,000) $8,552,849

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 Emotional Disturbed (SED)

Purpose: Provide statewide services to parents and educators of students with disabilities.

Total Funds

$81,367,221

Federal Funds and Grants

$13,359,858

Federal Funds Not Specifically Identified

$13,359,858

Other Funds

$0

State Funds

$68,007,363

State General Funds

$68,007,363

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$70,845,875

$84,205,733

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to

($2,738,512) ($2,738,512)

THURSDAY, FEBRUARY 26, 2009

819

8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Amount appropriated in this Act

($100,000) $68,007,363

($100,000) $81,367,221

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

$152,475,068

Federal Funds and Grants

$19,445,076

Federal Funds Not Specifically Identified

$19,445,076

Other Funds

$0

State Funds

$133,029,992

State General Funds

$133,029,992

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$257,462,021 $276,907,097

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($124,432,029) ($124,432,029)

Amount appropriated in this Act

$133,029,992 $152,475,068

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

$24,210,351

Federal Funds and Grants

$0

Other Funds

$1,649,199

820

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified

$1,649,199

State Funds

$22,561,152

State General Funds

$22,561,152

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 (HB990)

$23,357,809

$25,007,008

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($796,657)

($796,657)

Provide for an additional reduction to operations.

$0

$0

Amount appropriated in this Act

$22,561,152

$24,210,351

22.30. Technology/Career Education

Purpose: Equip students with academic, technical and leadership skills.

Total Funds

$51,157,642

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

$15,879,402

State General Funds

$15,879,402

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$16,796,972

$52,075,212

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer

($284,212)

($284,212)

THURSDAY, FEBRUARY 26, 2009

821

contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Provide for a reduction to Industry Certification.
Provide for a reduction to High Schools That Work.
Provide for a reduction to Youth Apprenticeship.
Provide for a reduction to Vocational Supervisors.
Amount appropriated in this Act

$0 ($212,385) ($28,500) ($214,082) ($178,391) $15,879,402

$0 ($212,385) ($28,500) ($214,082) ($178,391) $51,157,642

22.31. Testing

Purpose: Adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program.

Total Funds

$36,008,629

Federal Funds and Grants

$13,664,544

Federal Funds Not Specifically Identified

$13,664,544

Other Funds

$0

State Funds

$22,344,085

State General Funds

$22,344,085

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$23,243,020

$36,907,564

Provide for an additional reduction to operations.

$0

$0

Reduce contractual services for SAT Prep ($100,000) and State-Mandated testing ($444,860).

($544,860)

($544,860)

Remove unused Advanced Placement funds for private school students.

($354,075)

($354,075)

Amount appropriated in this Act

$22,344,085

$36,008,629

822

JOURNAL OF THE HOUSE

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

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,658,859

State General Funds

$1,658,859

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 (HB990)

$1,658,859

$1,658,859

Provide for an additional reduction to operations.

$0

$0

Amount appropriated in this Act

$1,658,859

$1,658,859

Section 23: Employees' Retirement System Total Funds Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments Other Intra-State Government Payments

$27,683,044 $2,928,388 $2,928,388 $7,151,826 $7,151,826 $17,602,830 $17,600,965 $1,865

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.

THURSDAY, FEBRUARY 26, 2009

823

23.1. System Administration

Purpose: Collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members and beneficiaries.

Total Funds

$17,314,099

Intra-State Government Transfers

$17,314,099

Retirement Payments

$17,314,099

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

$2,929,619

Other Funds

$2,928,388

Agency Funds

$2,928,388

Intra-State Government Transfers

$1,231

Retirement Payments

($634)

Other Intra-State Government Payments

$1,865

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

State Funds

$1,323,024

State General Funds

$1,323,024

23.4. Public School Employee's 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

State Funds

$5,828,802

State General Funds

$5,828,802

Intra-State Government Transfers

$287,500

Retirement Payments

$287,500

Section 24: Forestry Commission, Georgia Total Funds

$47,491,437

824

JOURNAL OF THE HOUSE

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

$8,610,055 $8,610,055 $5,626,650
$778,747 $4,847,903 $33,254,732 $33,254,732
$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

$3,866,482

Federal Funds and Grants

$0

Other Funds

$8,872

Agency Funds

$4,000

Other Funds - Not Specifically Identified

$4,872

State Funds

$3,857,610

State General Funds

$3,857,610

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,606,407

$4,615,279

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$54,656

$54,656

Defer state employees' salary increases effective January 1, 2009.

($31,966)

($31,966)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($179,058)

($179,058)

THURSDAY, FEBRUARY 26, 2009

825

Eliminate 1 vacant grounds maintenance position. Reduce regular operating expenses. Replace state funds with federal funds for regular operating expenses. Reduce regular operating expenses. Reduce contract funds. Replace state funds with federal funds for 1 filled training officer position. Remove one-time funds provided in FY 2007 to construct a bomb shelter in Cairo.
Remove one-time funds provided in FY 2007 for 6 fire engines. Amount appropriated in this Act

($40,000)
($11,906) ($218,711)
($36,812) ($60,000) ($40,000)
($60,000)
($125,000)
$3,857,610

($40,000)
($11,906) ($218,711)
($36,812) ($60,000) ($40,000)
($60,000)
($125,000)
$3,866,482

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

$10,346,364

Federal Funds and Grants

$6,555,882

Federal Funds Not Specifically Identified

$6,555,882

Other Funds

$707,587

Agency Funds

$164,000

Other Funds - Not Specifically Identified

$543,587

State Funds

$3,082,895

State General Funds

$3,082,895

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 (HB990)

$3,863,541

$11,127,010

Defer state employees' salary increases effective January 1, 2009.

($30,391)

($30,391)

826

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce regular operating expenses.
Reduce funds for motor vehicle purchases.
Eliminate 2 vacant forest inventory analyst positions.
Remove funding for 3 temporary day laborer positions and suspend activities at the Brender-Hitchiti Forest.
Reflect a savings in personal services by instituting a 3-month temporary work period for forester new hires.
Eliminate 1 vacant sustainable community forester position.
Temporarily suspend the Bartram Educational Forest Program and recognize savings by freezing the vacant Bartram Forester position.
Eliminate 1 vacant marketing forester position.
Reduce funds for personal services to meet additional 1% reduction.
Amount appropriated in this Act

($293,452)

($293,452)

($34,517) ($49,587) ($22,600) ($20,000)
($4,000)
($77,886) ($49,587)

($34,517) ($49,587) ($22,600) ($20,000)
($4,000)
($77,886) ($49,587)

($63,000) ($135,626) $3,082,895

($63,000) ($135,626) $10,346,364

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

$31,880,912

Federal Funds and Grants

$1,964,173

Federal Funds Not Specifically Identified

$1,964,173

Other Funds

$3,484,111

Agency Funds

$536,167

Other Funds - Not Specifically Identified

$2,947,944

State Funds

$26,432,628

THURSDAY, FEBRUARY 26, 2009

827

State General Funds

$26,432,628

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 (HB990)

$30,850,411

$36,298,695

Defer state employees' salary increases effective January 1, 2009.

($1,231,843) ($1,231,843)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,403,622) ($1,403,622)

Provide for an additional reduction to operations.

($100,000)

($100,000)

Reduce regular operating expenses.

($418,382)

($418,382)

Eliminate 1 vacant administrative assistant position.

($38,480)

($38,480)

Eliminate 4 temporary day laborer administrative clerk positions in Fire Business Activities.

($38,801)

($38,801)

Consolidate county units in Richmond, Peach, Schley and Lincoln with county units in Spirit Creek, Houston, Crawford, Stewart and Sumter due to low activity.

($29,600)

($29,600)

Reduce funds for motor vehicle purchases.

($389,000)

($389,000)

Replace state general funds with other funds for regular operating expenses.

($360,840)

($360,840)

Replace state funds with federal funds for 4.5 FTE fire control positions.

($166,209)

($166,209)

Reflect a savings in personal services by instituting a 3-month temporary work period for fire ranger new hires.

($68,000)

($68,000)

Reduce funds added in FY 2009 for a helicopter pilot position to reflect projected savings.

($24,238)

($24,238)

828

JOURNAL OF THE HOUSE

Remove funds added in FY 2009 for 1 aviation maintenance inspection position.
Reduce contract funds.
Replace state funds with federal funds for 2 temporary welder positions.
Replace state general funds with other funds for regular operating expenses.
Amount appropriated in this Act

($81,768) ($25,000) ($42,000)
$0 $26,432,628

($81,768) ($25,000) ($42,000)
$0 $31,880,912

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

$154,772

Federal Funds and Grants

$20,000

Federal Funds Not Specifically Identified

$20,000

Other Funds

$74,580

Agency Funds

$74,580

State Funds

$60,192

State General Funds

$60,192

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 (HB990)

$123,287

$217,867

Defer state employees' salary increases effective January 1, 2009.

($653)

($653)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($7,442)

($7,442)

Eliminate 1 vacant tree orchard supervisor position and 1 vacant tree nursery worker position.

($40,000)

($40,000)

Replace state funds with other funds for operating expenses.

($15,000)

($15,000)

THURSDAY, FEBRUARY 26, 2009

829

Amount appropriated in this Act

$60,192

$154,772

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

$1,242,907

Federal Funds and Grants

$70,000

Federal Funds Not Specifically Identified

$70,000

Other Funds

$1,351,500

Other Funds - Not Specifically Identified

$1,351,500

State Funds

($178,593)

State General Funds

($178,593)

Section 25: Governor, Office of the Total Funds Federal Funds and Grants
Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$96,116,781 $43,764,158
$250,000 $43,514,158
$2,491,284 $2,491,284 $49,861,339 $49,861,339
$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

$11,872,621

Federal Funds and Grants

$5,196,851

830

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$5,196,851

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$6,575,770

State General Funds

$6,575,770

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 (HB990)

$7,997,298

$13,294,149

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,801

$11,801

Defer state employees' salary increases effective January 1, 2009.

($52,950)

($52,950)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($271,329)

($271,329)

Provide for an additional reduction to operations.

$0

$0

Realize efficiencies in the cost of operations.

($571,550)

($571,550)

Reduce one-time funds in HB95 for the Governor's Litigation Fund.

($537,500)

($537,500)

Amount appropriated in this Act

$6,575,770

$11,872,621

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

THURSDAY, FEBRUARY 26, 2009

831

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

$8,419,050

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$8,419,050

State General Funds

$8,419,050

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,584,234

$9,584,234

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$85,919

$85,919

Defer state employees' salary increases effective January 1, 2009.

($81,224)

($81,224)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($390,553)

($390,553)

Provide for an additional reduction to operations.

($85,279)

($85,279)

Reduce operating expenses.

($694,047)

($694,047)

Amount appropriated in this Act

$8,419,050

$8,419,050

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

$4,620,764

832

JOURNAL OF THE HOUSE

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

$3,951,364

State General Funds

$3,951,364

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,448,905

$5,118,305

Defer state employees' salary increases effective January 1, 2009.

($4,286)

($4,286)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($21,886)

($21,886)

Provide for an additional reduction to operations.

($39,928)

($39,928)

Defer funding for grants and benefits to nonprofit arts and cultural organizations.

($397,585)

($397,585)

Reduce funding for personal services ($8,125) and operating expenses ($25,731).

($33,856)

($33,856)

Amount appropriated in this Act

$3,951,364

$4,620,764

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

$1,201,899

Federal Funds and Grants

$179,558

Federal Funds Not Specifically Identified

$179,558

Other Funds

$25

Other Funds - Not Specifically Identified

$25

State Funds

$1,022,316

State General Funds

$1,022,316

THURSDAY, FEBRUARY 26, 2009

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 (HB990)

$1,199,011

$1,378,594

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$28,747

$28,747

Defer state employees' salary increases effective January 1, 2009.

($7,959)

($7,959)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($52,235)

($52,235)

Provide for an additional reduction to operations.

($10,363)

($10,363)

Eliminate funding for state-wide needs and resource assessment.

($70,000)

($70,000)

Eliminate vacant executive secretary position.

($38,507)

($38,507)

Reduce regular operating expenses.

($926)

($926)

Reduce contractual services utilization.

($25,452)

($25,452)

Amount appropriated in this Act

$1,022,316

$1,201,899

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

$1,014,552

Federal Funds and Grants

$407,000

Federal Funds Not Specifically Identified

$407,000

Other Funds

$0

State Funds

$607,552

State General Funds

$607,552

Intra-State Government Transfers

$0

834

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 (HB990)

$712,490

$1,119,490

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,954

$5,954

Defer state employees' salary increases effective January 1, 2009.

($6,599)

($6,599)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($34,670)

($34,670)

Provide for an additional reduction to operations.

($6,161)

($6,161)

Defer filling 1 intake coordinator position in the Equal Employment Division.

($45,717)

($45,717)

Reduce funding for operating expenses.

($17,745)

($17,745)

Amount appropriated in this Act

$607,552

$1,014,552

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

$8,737,734

Federal Funds and Grants

$0

Other Funds

$1,572,903

Other Funds - Not Specifically Identified

$1,572,903

State Funds

$7,164,831

State General Funds

$7,164,831

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

835

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Defer filling 7 positions funded in FY 2009 to staff the "1-800-Georgia" call center.
Eliminate 4 positions ($242,956) and operating expenses ($17,739) in the Consumers' Utility Counsel by December 31, 2008.
Reduce funding for personal services in Consumer Protection.
Reduce funding for contractual services for customer service and workplace satisfaction surveys.
Amount appropriated in this Act

State Funds $8,581,217
$38,177

Total Funds $10,154,120
$38,177

($71,254) ($362,765)

($71,254) ($362,765)

($72,623) ($300,000) ($260,695)

($72,623) ($300,000) ($260,695)

($51,884) ($335,342)
$7,164,831

($51,884) ($335,342)
$8,737,734

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

$32,627,578

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

$2,116,540

836

JOURNAL OF THE HOUSE

State General Funds

$2,116,540

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 (HB990)

$2,406,048

$32,917,086

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$78,751

$78,751

Defer state employees' salary increases effective January 1, 2009.

($17,803)

($17,803)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($107,228)

($107,228)

Provide for an additional reduction to operations.

($21,453)

($21,453)

Reflect a reduction in personal services funding as a result of liabilities being absorbed by the Office of Homeland Security budget.

($173,541)

($173,541)

Eliminate 1 administrative position in the Operations Division.

($48,234)

($48,234)

Amount appropriated in this Act

$2,116,540

$32,627,578

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

$423,597

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$423,597

State General Funds

$423,597

Intra-State Government Transfers

$0

THURSDAY, FEBRUARY 26, 2009

837

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$527,932

$527,932

Defer state employees' salary increases effective January 1, 2009.

($6,213)

($6,213)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($22,706)

($22,706)

Provide for an additional reduction to operations.

($4,295)

($4,295)

Defer filling 1 secretary position.

($71,121)

($71,121)

Amount appropriated in this Act

$423,597

$423,597

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

$679,410

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$679,410

State General Funds

$679,410

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$829,079

$829,079

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,016

$1,016

Defer state employees' salary increases effective January 1, 2009.

($7,391)

($7,391)

838

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funding for operating expenses in Investigations.
Amount appropriated in this Act

($40,753)

($40,753)

($6,891) ($95,650) $679,410

($6,891) ($95,650) $679,410

25.11. Governor's Office for Children and Families

Purpose: Enhance coordination and communication among providers and stakeholders of services to families.

Total Funds

$15,579,027

Federal Funds and Grants

$7,206,237

Temporary Assistance for Needy Families Block Grant

$250,000

Federal Funds Not Specifically Identified

$6,956,237

Other Funds

$0

State Funds

$8,372,790

State General Funds

$8,372,790

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 (HB990)

$9,488,781

$16,695,018

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,483

$11,483

Defer state employees' salary increases effective January 1, 2009.

($13,114)

($13,114)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and

($15,020)

($15,020)

THURSDAY, FEBRUARY 26, 2009

839

to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce grant funds based on utilization and grantee non-performance of standards.
Amount appropriated in this Act

($84,584) ($1,014,756)
$8,372,790

($84,584) ($1,014,756) $15,579,027

25.12. Professional Standards Commission

Purpose: Direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

Total Funds

$6,597,233

Federal Funds and Grants

$411,930

Federal Funds Not Specifically Identified

$411,930

Other Funds

$500

Other Funds - Not Specifically Identified

$500

State Funds

$6,184,803

State General Funds

$6,184,803

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 (HB990)

$7,123,741

$7,536,171

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$72,872

$72,872

Defer state employees' salary increases effective January 1, 2009.

($65,065)

($65,065)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($332,784)

($332,784)

Provide for an additional reduction to operations.

($62,703)

($62,703)

840

JOURNAL OF THE HOUSE

Reduce funding for personal services ($14,571), contractual services ($93,000), and computer charges ($7,687).
Eliminate funding for Georgia Teacher Alternative Preparation Program grants.
Eliminate funding for National Board Certified Teacher reimbursement.
Amount appropriated in this Act

($115,258)
($400,000) ($36,000) $6,184,803

($115,258)
($400,000) ($36,000) $6,597,233

25.13. Student Achievement, Office of

Purpose: Improve student achievement and school completion in Georgia.

Total Funds

$873,740

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$873,740

State General Funds

$873,740

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,274,456

$1,274,456

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,922

$5,922

Defer state employees' salary increases effective January 1, 2009.

($11,381)

($11,381)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($63,098)

($63,098)

Reduce personal services ($150,000) and contractual services ($57,159) based on anticipated lapse.

($332,159)

($332,159)

Amount appropriated in this Act

$873,740

$873,740

THURSDAY, FEBRUARY 26, 2009

841

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 TANF Transfers to Social Services Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds Tobacco Funds Brain & Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies Other Intra-State Government Payments

$3,445,258,702 $1,757,493,806
$342,224,967 $54,993,799 $66,243,783 $80,598,796 $20,877,386 $60,243,993 $4,404,431 $13,130,623
$62,808,011
$17,402,038 $24,910,040 $68,909,356 $94,424,439 $25,800,000 $820,522,144 $270,015,763 $123,624,591 $144,782,766
$1,608,406 $1,411,861,977
$28,234,553 $1,968,993
$1,381,658,431 $5,887,156 $20,000 $5,867,156

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.

842

JOURNAL OF THE HOUSE

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 Offices.

Total Funds

$168,260,427

Federal Funds and Grants

$79,158,771

Temporary Assistance for Needy Families Block Grant

$14,530,608

Social Services Block Grant

$9,932,114

Child Care & Development Block Grant

$1,623,880

Foster Care Title IV-E

$7,687,545

Medical Assistance Program

$658,341

Preventive Health and Health Services Block Grant

$31,070

Community Service Block Grant

$212,855

Low-Income Home Energy Assistance

$282,303

THURSDAY, FEBRUARY 26, 2009

843

CCDF Mandatory & Matching Funds

$2,998,188

Federal Funds Not Specifically Identified

$41,201,867

Other Funds

$8,099,727

Agency Funds

$8,099,727

State Funds

$81,001,929

Tobacco Funds

$131,795

State General Funds

$80,870,134

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$94,164,941 $185,313,770

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$805,948

$805,948

Defer state employees' salary increases effective January 1, 2009.

($1,280,595) ($1,280,595)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($6,737,997) ($6,737,997)

Reflect loss of unearnable federal funds.

$0 ($3,890,331)

Reduce administration by 6%.

($4,958,230) ($4,958,230)

Reduce operating expenses.

$0

$0

Reduce supplies and operating cost throughout the department's administrative functions.

($992,138)

($992,138)

Amount appropriated in this Act

$81,001,929 $168,260,427

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

$48,869,637

Federal Funds and Grants

$30,516,926

844

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Block Grant

$11,605,217

Maternal and Child Health Services Block Grant

$720,170

Preventive Health and Health Services Block Grant

$41,694

Federal Funds Not Specifically Identified

$18,149,845

Other Funds

$270,000

Agency Funds

$62,217

Other Funds - Not Specifically Identified

$207,783

State Funds

$18,082,711

Tobacco Funds

$5,065,177

State General Funds

$13,017,534

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$20,563,284

$59,361,012

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,046

$1,046

Defer state employees' salary increases effective January 1, 2009.

($389,238)

($389,238)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,972,756) ($1,972,756)

Reduce purchase of supplies and other operating expenses.

($50,000)

($50,000)

Eliminate 7 vacant positions.

($776,562)

($776,562)

Reduce general grant-in-aid funding to county boards of health by 3.5%.

($119,454)

($119,454)

Reduce TANF funds for Family Planning and Adolescent and Adult Health Promotion.

$0 ($7,500,000)

THURSDAY, FEBRUARY 26, 2009

845

Reflect savings from department-wide furlough.
Discontinue funds for the coordinated school health outreach programs.
Reduce funds for nutrition education.
Reduce funds for prostate cancer education provided by the Regional Cancer Coalitions.
Remove funds for 2 filled state office positions and 18 filled district health promotion coordinator positions.
Defer new funds for the Helen Keller National Center provided for in FY 2009.
Reduce funds for the Diabetes Care Coalition provided for in FY 2008.
Transfer 1 state funded position to federal funds.
Provide additional funding for county grantin-aid.
Amount appropriated in this Act

($38,030) $0
($122,759) ($85,000) ($473,428)

($38,030) ($510,802) ($122,759)
($85,000) ($473,428)

($229,513) ($175,000) ($49,879) $2,000,000 $18,082,711

($229,513) ($175,000) ($49,879) $2,000,000 $48,869,637

26.3. Adoptions Services

Purpose: Support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption.

Total Funds

$88,337,611

Federal Funds and Grants

$51,682,564

Temporary Assistance for Needy Families Block Grant

$12,000,000

Foster Care Title IV-E

$211,065

Federal Funds Not Specifically Identified

$39,471,499

Other Funds

$45,000

Other Funds - Not Specifically Identified

$45,000

State Funds

$36,610,047

State General Funds

$36,610,047

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

846

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Transfer $1,200,000 in state funds the from Child Welfare Services program to the Adoptions Services program to fund projected caseload growth (Total Funds: $2,671,047).
Amount appropriated in this Act

State Funds $35,568,642
$1,206

Total Funds $85,825,159
$1,206

($23,332) ($136,469)

($23,332) ($136,469)

$1,200,000

$2,671,047

$36,610,047

$88,337,611

26.4. Adult Addictive Disease Service

Purpose: To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$87,159,135

Federal Funds and Grants

$48,579,098

Temporary Assistance for Needy Families Block Grant

$18,590,483

Prevention and Treatment of Substance Abuse Block Grant

$29,988,615

Other Funds

$824,903

Agency Funds

$752,583

Other Funds - Not Specifically Identified

$72,320

State Funds

$37,755,134

State General Funds

$37,755,134

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

847

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Defer funds for Hope House provided for in FY 2009.
Reduce funding for new provider training and quality compliance audits.
Reduce state funds to reflect one-time refund from the employee retirement system.
Reflect savings from furloughs affecting employees pay grade 15 and above.
Reduce various contracts.
Defer funds for Bridges of Hope provided for in FY 2009.
Reduce funding for training in MHDDAD.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Reduce funding for addictive disease services provided by the United Way Regional Commission.
Discontinue funding for opioid maintenance therapy.
Reduce funds for non-medically necessary consumer and family assistance community services.
Reduce supported employment funding for addictive disease consumers.

State Funds $47,941,247
$783

Total Funds $100,628,448
$783

($525,607) ($3,074,324)

($525,607) ($3,074,324)

($350,000) ($66,000) ($1,676,941) ($4,680) ($400,000) ($12,000) ($34,030) ($61,117) ($50,000)

($350,000) ($66,000) ($1,676,941) ($4,680) ($400,000) ($12,000) ($34,030) ($61,117) ($50,000)

($1,568,628) ($119,388)

($1,568,628) ($119,388)

($301,476)

($301,476)

848

JOURNAL OF THE HOUSE

Reduce funding for the provision of methamphetamine addiction services in northwest Georgia, as treatment can be obtained through other community services.
Reduce funding for core and specialty services.
Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $3,283,200).
Amount appropriated in this Act

($671,387)

($671,387)

($1,271,318) $0

($1,271,318) ($3,283,200)

$37,755,134

$87,159,135

26.5. Adult Development Disabilities Services

Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities.

Total Funds

$308,783,808

Federal Funds and Grants

$60,759,066

Temporary Assistance for Needy Families Block Grant

$78,749

Social Services Block Grant

$30,636,459

Medical Assistance Program

$19,876,652

Federal Funds Not Specifically Identified

$10,167,206

Other Funds

$79,164,086

Agency Funds

$53,767,742

Other Funds - Not Specifically Identified

$25,396,344

State Funds

$168,860,656

Tobacco Funds

$10,255,138

State General Funds

$158,605,518

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 (HB990)

$204,977,518 $329,172,829

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$52,456

$52,456

THURSDAY, FEBRUARY 26, 2009

849

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funding for new provider training and quality compliance audits.
Reflect savings from furloughs affecting 125 employees pay grade 15 and above.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Defer 3% provider rate increase provided for in FY 2009.
Defer funds for Oral Healthcare Resources provided for in FY 2009.
Reduce state funds to reflect one-time refund from the employee retirement system.
Reduce various contracts.
Reduce funds for 135 vacant Mental Retardation Waiver Program slots provided for in FY 2009.
Reduce motor vehicle purchases.
Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $332,485).
Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

($1,507,563) ($8,817,889)

($1,507,563) ($8,817,889)

($401,367) ($187,590) ($13,403) ($716,892) ($50,000) ($1,416,110) ($500,000) ($1,397,910)

($401,367) ($187,590) ($13,403) ($1,942,797) ($50,000) ($1,416,110) ($500,000) ($3,988,331)

($1,283,942) $0

($1,283,942) ($332,485)

($19,876,652) $168,860,656

$0 $308,783,808

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

$14,230,501

Federal Funds and Grants

$3,452,979

Preventive Health and Health Services

$1,210,877

850

JOURNAL OF THE HOUSE

Block Grant

Federal Funds Not Specifically Identified

$2,242,102

Other Funds

$0

State Funds

$10,777,522

Tobacco Funds

$6,475,000

State General Funds

$4,302,522

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$12,400,624

$15,853,603

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,219

$5,219

Defer state employees' salary increases effective January 1, 2009.

($38,474)

($38,474)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($225,040)

($225,040)

Reduce general grant-in-aid funding to county boards of health by 3.5%.

($57,549)

($57,549)

Reflect savings from department-wide furlough.

($11,220)

($11,220)

Transfer state funded Cancer State Aid positions to tobacco funds.

($140,000)

($140,000)

Defer funds for the Georgia Commission to Save the Cure provided for in FY 2009.

($240,000)

($240,000)

Recognize administrative efficiencies in the Stroke and Heart Attack Prevention Program.

($916,038)

($916,038)

Amount appropriated in this Act

$10,777,522

$14,230,501

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.

THURSDAY, FEBRUARY 26, 2009

851

Total Funds

$42,558,063

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

$41,167,570

State General Funds

$41,167,570

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 (HB990)

$46,249,924

$47,640,417

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,516

$1,516

Defer state employees' salary increases effective January 1, 2009.

($652,518)

($652,518)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($3,816,642) ($3,816,642)

Reflect savings from furloughs affecting employees pay grade 15 and above.

($44,670)

($44,670)

Eliminate 2 vacant forensic diversion coordinators.

($225,000)

($225,000)

Eliminate 2 vacant forensic evaluator ($200,000) positions and associated travel ($50,000).

($250,000)

($250,000)

Defer expansion of the forensic telemedicine pilot project.

($95,040)

($95,040)

Amount appropriated in this Act

$41,167,570

$42,558,063

26.8. Adult Mental Health Services
Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

852

JOURNAL OF THE HOUSE

Total Funds

$234,752,559

Federal Funds and Grants

$26,985,790

Temporary Assistance for Needy Families Block Grant

$270,319

Medical Assistance Program

$8,510,180

Community Mental Health Services Block Grant

$6,620,728

Federal Funds Not Specifically Identified

$11,584,563

Other Funds

$5,909,257

Agency Funds

$5,099,844

Other Funds - Not Specifically Identified

$809,413

State Funds

$201,857,512

State General Funds

$201,857,512

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$237,141,537 $262,475,550

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,821

$11,821

Defer state employees' salary increases effective January 1, 2009.

($2,089,913) ($2,089,913)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($11,596,897) ($11,596,897)

Reduce funding for new provider training and reduce number of quality compliance audits.

($303,500)

($303,500)

Reduce funds for non-medically necessary consumer and family assistance community services.

($762,624)

($762,624)

Reduce training for mental illness, developmental disabilities, and addictive diseases.

($140,000)

($140,000)

THURSDAY, FEBRUARY 26, 2009

853

Reflect savings from furloughs affecting employees pay grade 15 and above.
Reduce various MHDDAD contracts.
Discontinue internship program for mental health consumers.
Reduce funding for Centralized Navigation Website.
Discontinue funding for the Family to Family program.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Reduce funding for mental health services provided by the United Way Regional Commission.
Reduce supported employment funding for mental health consumers.
Reduce state funds to reflect one-time refund from the employee retirement system.
Reduce motor vehicle purchases.
Reflect savings from a delayed start date for crisis services in the community for the mental health and addictive disease consumers: a. Mobile Crisis Services start date January 1, 2009 ($1,400,000), b. 3 Assertive Community Treatment start date November 15, 2009 ($866,667), c. 3 Crisis Stabilization Programs start date January 1, 2009 ($2,350,000).
Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $949,146).
Increase federal funds to reflect change in Medicaid federal participation rate.
Increase funds to help community providers cover expenditures for services not reimbursed by Medicaid.
Amount appropriated in this Act

($133,930) ($1,717,380)
($130,000) ($240,000) ($100,000)
$0 ($75,000)

($133,930) ($1,717,380)
($130,000) ($240,000) ($100,000)
$0 ($75,000)

($3,800,000)
($3,369,755)
($210,000) ($4,616,667)

($3,800,000)
($3,369,755)
($210,000) ($4,616,667)

$0

($949,146)

($8,510,180) $2,500,000

$0 $2,500,000

$201,857,512 $234,752,559

854

JOURNAL OF THE HOUSE

26.9. Adult Nursing Home Services

Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities.

Total Funds

$11,378,001

Other Funds

$9,012,772

Agency Funds

$9,012,772

State Funds

$2,365,229

State General Funds

$2,365,229

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,383,183

$11,395,955

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$386

$386

Reflect savings from 1 day per month furlough affecting employees pay grade 15 and above.

($18,340)

($18,340)

Amount appropriated in this Act

$2,365,229

$11,378,001

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 Block Grant

$14,000,000

Other Funds

$28,000,000

Other Funds - Not Specifically Identified

$28,000,000

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

$11,872,326

Federal Funds and Grants

$9,733,254

Prevention and Treatment of Substance

$12,840,951

THURSDAY, FEBRUARY 26, 2009

855

Abuse Block Grant

Other Funds

$0

State Funds

$2,139,072

State General Funds

$2,139,072

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 (HB990)

$9,420,763

$19,154,017

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$612

$612

Defer state employees' salary increases effective January 1, 2009.

($161,308)

($161,308)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($943,507)

($943,507)

Reduce funding for new provider training and reduce number of quality compliance audits.

($27,500)

($27,500)

Reflect savings from furloughs affecting employees pay grade 15 and above.

($3,290)

($3,290)

Reduce various contracts.

($100,000)

($100,000)

Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.

($40,745)

($40,745)

Reduce funds for non-medically necessary community support services.

($1,000,000) ($1,000,000)

Discontinue funding for the pardons and parole outpatient substance abuse service program.

($1,180,145) ($1,180,145)

Defer expansion of a pilot treatment program for families and children.

($3,273,822) ($3,273,822)

Reduce funding for child and adolescent substance abuse core services.

($551,986)

($551,986)

Amount appropriated in this Act

$2,139,072

$11,872,326

856

JOURNAL OF THE HOUSE

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

$27,963,050

Federal Funds and Grants

$12,208,978

Medical Assistance Program

$6,990,038

Federal Funds Not Specifically Identified

$2,111,243

Other Funds

$3,722,681

Other Funds - Not Specifically Identified

$3,722,681

State Funds

$12,031,391

State General Funds

$12,031,391

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$20,819,083

$30,542,359

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$3,983

$3,983

Defer state employees' salary increases effective January 1, 2009.

($139,370)

($139,370)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($815,189)

($815,189)

Reduce training for mental illness, developmental disabilities, and addictive diseases.

($109,167)

($109,167)

Reflect savings from furloughs affecting employees pay grade 15 and above.

($4,760)

($4,760)

Defer 3% provider rate increase provided for in FY 2009.

($146,832)

($397,919)

Defer funds for Matthew Reardon provided for in FY 2009.

($50,000)

($50,000)

THURSDAY, FEBRUARY 26, 2009

857

Eliminate new funding provided for in FY 2009 for Marcus Institute.
Reduce funds for 135 vacant Mental Retardation Waiver Program slots provided for in FY 2009.
Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

($250,000) ($286,319)

($250,000) ($816,887)

($6,990,038) $12,031,391

$0 $27,963,050

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

$2,948,404

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,948,404

State General Funds

$2,948,404

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,103,859

$3,103,859

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$657

$657

Defer state employees' salary increases effective January 1, 2009.

($22,687)

($22,687)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($132,695)

($132,695)

Reflect savings from furloughs affecting 125 employees pay grade 15 and above.

($730)

($730)

Amount appropriated in this Act

$2,948,404

$2,948,404

858

JOURNAL OF THE HOUSE

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

$131,341,924

Federal Funds and Grants

$14,067,846

Medical Assistance Program

$5,516,431

Community Mental Health Services Block Grant

$6,509,895

Federal Funds Not Specifically Identified

$2,041,520

Other Funds

$51,196,318

Agency Funds

$11

Other Funds - Not Specifically Identified

$51,196,307

State Funds

$65,885,406

State General Funds

$65,885,406

Intra-State Government Transfers

$192,354

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 (HB990)

$90,721,809 $150,787,896

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,819

$4,819

Defer state employees' salary increases effective January 1, 2009.

($453,614)

($453,614)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($2,653,232) ($2,653,232)

Reduce training for mental illness, developmental disabilities, and addictive diseases.

($44,315)

($44,315)

Reduce funding for new provider training and reduce number of quality compliance audits.

($676,000)

($802,000)

THURSDAY, FEBRUARY 26, 2009

859

Reduce funds for non-medically necessary community support services.
Reflect savings from furloughs affecting employees pay grade 15 and above.
Reduce state funds to reflect one-time refund from the employee retirement system.
Reduce various contracts.
Replace state general funds with other funds for the transition of consumers from 4 stateoperated community homes to the community.
Defer planned expansion of summer activities for youth with serious emotional disturbances.
Reduce funding for mental health services provided by the United Way Regional Commission.
Provide for a savings in the child and adolescent crisis stabilization program.
Defer proposed Medicaid rate increase for child and adolescent mental health.
Replace state general funds with other funds for the transition of child and adolescent residential services.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Reduce motor vehicle purchases.
Replace state general funds with other funds for the transition of child and adolescent services in the Outdoor Therapeutic program.
Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

($3,000,000) ($24,310) ($353,507) ($100,000)
($1,734,000)

($3,000,000) ($24,310) ($353,507) ($100,000)
($1,734,000)

($1,000,000) ($1,000,000)

($25,000)

($25,000)

($723,873) ($3,000,000) ($2,411,355)

($723,873) ($3,000,000) ($2,411,355)

($61,117)
($39,000) ($3,025,468)

($61,117)
($39,000) ($3,025,468)

($5,516,431) $65,885,406

$0 $131,341,924

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

$226,160,885

Federal Funds and Grants

$169,839,659

860

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Block Grant

$12,115,439

Social Services Block Grant

$90

Child Care & Development Block Grant

$64,619,903

CCDF Mandatory & Matching Funds

$90,698,416

Federal Funds Not Specifically Identified

$2,405,811

Other Funds

$2,500,000

Agency Funds

$2,500,000

State Funds

$53,821,226

State General Funds

$53,821,226

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 (HB990)

$58,577,959 $226,676,511

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$286

$286

Defer state employees' salary increases effective January 1, 2009.

($75,325)

($75,325)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($440,587)

($440,587)

Reduce state funds for the Child Care

($4,241,107)

$0

Services program and replace with TANF

funds ($1,835,296) and unobligated Child

Care Development Funds (CCDF)

($2,405,811).

Amount appropriated in this Act

$53,821,226 $226,160,885

26.16. Child Support Services
Purpose: Encourage and enforce the parental responsibility of paying financial support.

THURSDAY, FEBRUARY 26, 2009

861

Total Funds

$89,580,919

Federal Funds and Grants

$64,007,108

Social Services Block Grant

$120,000

Federal Funds Not Specifically Identified

$63,887,108

Other Funds

$2,841,500

Agency Funds

$2,541,500

Other Funds - Not Specifically Identified

$300,000

State Funds

$22,336,551

State General Funds

$22,336,551

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 (HB990)

$24,963,922

$94,205,955

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$770,782

$770,782

Defer state employees' salary increases effective January 1, 2009.

($228,796)

($228,796)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,338,257) ($1,338,257)

Reflect savings from furloughs affecting 116 employees pay grade 15 and above.

($83,100)

($244,412)

Eliminate 33 vacant positions.

($476,000) ($1,400,000)

Reflect savings from discontinuing the call center contract with United Way and providing service with internal staff through a virtual call center.

($300,000)

($882,353)

Reduce district attorney contracts and eliminate 1 district attorney legal services contract.

($272,000)

($602,000)

862

JOURNAL OF THE HOUSE

Reduce program funding and maximize federal contributions.
Amount appropriated in this Act

($700,000) $22,336,551

($700,000) $89,580,919

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

$286,627,649

Federal Funds and Grants

$162,903,438

Temporary Assistance for Needy Families Block Grant

$66,839,688

Social Services Block Grant

$8,264,167

Foster Care Title IV-E

$28,858,623

Medical Assistance Program

$10,710,240

Community Service Block Grant

$4,000

CCDF Mandatory & Matching Funds

$721,335

TANF Transfers to Social Services Block Grant

$25,800,000

Federal Funds Not Specifically Identified

$21,705,385

Other Funds

$26,438,482

Other Funds - Not Specifically Identified

$24,830,076

Prior Year Funds - Other

$1,608,406

State Funds

$97,285,729

State General Funds

$97,285,729

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 (HB990)

$117,613,541 $323,659,907

Defer state employees' salary increases effective January 1, 2009.

($2,807,408) ($2,807,408)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($3,479,704) ($3,479,704)

THURSDAY, FEBRUARY 26, 2009

863

Reduce child protective services caseworkers through attrition and maintain a 15:1 caseload ratio (Total Funds: $14,451,878).
Defer Regional Assessment Center funding provided in FY 2009 (Total Funds: $1,194,101).
Reduce state funded contracts through lower utilization and administrative efficiencies (Total Funds: $426,466).
Reduce staffing through layoffs (approximately two hundred eighty-four (284) positions. Case to worker ratio would increase to above 17:1.
Transfer state funds to Adoption Services to fund projected caseload growth.
Transfer $1,471,047 in federal funds from Child Welfare Services program to Adoption Services program to fund projected caseload growth.
Reflect savings from special 1 day per month DFCS furlough for pay grade 12 and above (Total Funds: ($5,405,410).
Reduce TANF funds based on historical expenditures (Total Funds: $4,839,159).
Reflect savings from department-wide furlough for employees pay grade 15 and above (Total Funds: $1,757,085).
Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

($7,595,616) ($14,451,878)

($560,000) ($1,194,101)

($200,000)

($426,466)

$0

$0

($1,200,000) $0

($1,200,000) ($1,471,047)

($2,534,666) ($5,405,410)

$0 ($825,830)

($4,839,159) ($1,757,085)

($1,124,588) $97,285,729

$0 $286,627,649

26.18. Direct Care Support Services

Purpose: Provide facility support services and direct patient support therapies.

Total Funds

$163,180,964

Federal Funds and Grants

$3,205,526

Federal Funds Not Specifically Identified

$3,205,526

Other Funds

$41,506,342

Agency Funds

$40,682,332

Other Funds - Not Specifically Identified

$824,010

864

JOURNAL OF THE HOUSE

State Funds

$113,313,562

State General Funds

$113,313,562

Intra-State Government Transfers

$5,155,534

Other Intra-State Government Payments

$5,155,534

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$122,634,924 $172,502,326

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$138,941

$138,941

Defer state employees' salary increases effective January 1, 2009.

($2,205,756) ($2,205,756)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($6,814,829) ($6,814,829)

Reflect savings from furloughs affecting employees pay grade 15 and above.

($259,500)

($259,500)

Reduce motor vehicle purchases.

($180,218)

($180,218)

Amount appropriated in this Act

$113,313,562 $163,180,964

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

$17,397,116

Federal Funds and Grants

$4,251,150

Social Services Block Grant

$2,279,539

Medical Assistance Program

$99,654

Federal Funds Not Specifically Identified

$1,871,957

Other Funds

$76,015

Other Funds - Not Specifically Identified

$76,015

State Funds

$13,069,951

State General Funds

$13,069,951

Intra-State Government Transfers

$0

THURSDAY, FEBRUARY 26, 2009

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 (HB990)

$14,577,451

$18,404,962

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,309

$11,309

Defer state employees' salary increases effective January 1, 2009.

($91,322)

($91,322)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($534,151)

($534,151)

Reflect savings from department-wide furlough.

($65,802)

($65,802)

Discontinue the Public Guardianship program ($250,000), eliminate associated vacant state office position ($77,880), and utilize existing Adult Protection Services staff to serve clients.

($327,880)

($327,880)

Reduce state funds to reflect additional

($400,000)

$0

federal funding for Targeted Case

Management (TCM) available in FY 2009.

Increase federal funds to reflect change in

($99,654)

$0

Medicaid federal participation rate.

Amount appropriated in this Act

$13,069,951

$17,397,116

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

$116,229,233

Federal Funds and Grants

$49,317,781

Social Services Block Grant

$3,761,430

Medical Assistance Program

$7,882,457

Federal Funds Not Specifically Identified

$37,673,894

Other Funds

$121,742

866

JOURNAL OF THE HOUSE

Agency Funds

$121,742

State Funds

$66,789,710

Tobacco Funds

$5,073,877

State General Funds

$61,715,833

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 (HB990)

$78,540,174 $120,097,240

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$3,230

$3,230

Defer state employees' salary increases effective January 1, 2009.

($7,031)

($7,031)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($41,120)

($41,120)

Transfer state funds from the Elder Community Living Services program to the Elder Support Services program.

($1,409,144) ($1,409,144)

Transfer Tobacco Funds from the Elder Support Services program to the Elder Community Living Services program.

$1,409,144

$1,409,144

Reflect savings from department-wide furlough.

($20,994)

($20,994)

Defer Community Care Service Program (CCSP) rate increase provided for in FY 2009.

($1,350,227) ($1,350,227)

Reduce funds for Alzheimer's respite services.

($190,281)

($190,281)

Reduce funding for Senior Connections in DeKalb County.

($20,000)

($20,000)

Reduce funding for the Haralson County Senior Center.

($15,000)

($15,000)

THURSDAY, FEBRUARY 26, 2009

867

Discontinue funding for Alzheimer's Congregational Respite training.
Discontinue funding for Naturally Occurring Retirement Communities (NORCs).
Discontinue Wellness: Take Charge of Your Health program ($336,000) and eliminate associated vacant state office position ($66,169).
Reduce funding for wellness and nutrition education programs.
Reduce funds for non-Medicaid home and community based respite services through attrition.
Reduce contracts expenditures through reduced utilization and administrative efficiencies.
Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

($96,000) ($282,500) ($402,169)

($96,000) ($282,500) ($402,169)

($560,330) ($878,528)

($560,330) ($878,528)

($7,057)

($7,057)

($7,882,457) $66,789,710

$0 $116,229,233

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

$8,034,072

Federal Funds and Grants

$5,901,407

Federal Funds Not Specifically Identified

$5,901,407

Other Funds

$0

State Funds

$2,132,665

Tobacco Funds

$1,117,929

State General Funds

$1,014,736

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 (HB990)

$4,586,229

$10,487,636

868

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Transfer state funds from the Elder Community Living Services program to the Elder Support Services program.
Transfer Tobacco Funds from the Elder Support Services program to the Elder Community Living Services program.
Discontinue the Life Long Planning program ($970,071) and eliminate associated vacant state office position ($70,820).
Discontinue the GeorgiaCares Prescription Assistance program ($300,000) and eliminate associated vacant state office position ($58,220).
Discontinue funding for Naturally Occurring Retirement Communities (NORCs).
Defer funds for Nutritional Services Incentive Program provided for in FY 2009.
Amount appropriated in this Act

$719
($573) ($3,349)

$719
($573) ($3,349)

$1,409,144

$1,409,144

($1,409,144) ($1,409,144)

($1,040,891) ($1,040,891)

($358,220)

($358,220)

($267,500) ($783,750) $2,132,665

($267,500) ($783,750) $8,034,072

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

$125,004,089

Federal Funds and Grants

$64,061,277

Temporary Assistance for Needy Families Block Grant

$500,000

Foster Care Title IV-E

$1,982,030

Low-Income Home Energy Assistance

$346,557

THURSDAY, FEBRUARY 26, 2009

869

Federal Funds Not Specifically Identified

$61,232,690

Other Funds

$4,187,397

Other Funds - Not Specifically Identified

$4,187,397

State Funds

$56,755,415

State General Funds

$56,755,415

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 (HB990)

$56,870,673 $125,750,993

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,391,702

$1,391,702

Defer state employees' salary increases effective January 1, 2009.

($127,799)

($127,799)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($747,515)

($747,515)

Reduce eligibility determination positions through attrition (Total Funds: $1,263,292).

($631,646) ($1,263,292)

Amount appropriated in this Act

$56,755,415 $125,004,089

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

$47,643,644

Federal Funds and Grants

$42,726,666

Maternal and Child Health Services Block Grant

$407,750

Preventive Health and Health Services Block Grant

$1,147,504

Federal Funds Not Specifically Identified

$41,171,412

Other Funds

$0

State Funds

$4,916,978

870

JOURNAL OF THE HOUSE

State General Funds

$4,916,978

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,401,703

$49,128,369

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$9,184

$9,184

Defer state employees' salary increases effective January 1, 2009.

($22,835)

($22,835)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($133,559)

($133,559)

Reduce contracts expenditures through reduced utilization and administrative efficiencies.

($7,540)

($7,540)

Eliminate 3 vacant positions.

($125,854)

($125,854)

Reduce general grant-in-aid funding to county boards of health by 3.5%.

($33,901)

($33,901)

Reflect savings from department-wide furlough.

($70,220)

($70,220)

Reflect savings related to reduced expense for antiviral storage.

($100,000)

($100,000)

Reduce funds for designated trauma centers.

($1,000,000) ($1,000,000)

Amount appropriated in this Act

$4,916,978

$47,643,644

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

THURSDAY, FEBRUARY 26, 2009

871

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

$11,915,502

Federal Funds and Grants

$6,419,324

Preventive Health and Health Services Block Grant

$196,750

Federal Funds Not Specifically Identified

$6,222,574

Other Funds

$53,000

Other Funds - Not Specifically Identified

$53,000

State Funds

$5,390,358

Tobacco Funds

$115,637

State General Funds

$5,274,721

Intra-State Government Transfers

$52,820

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 (HB990)

$5,996,602

$12,521,746

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,008

$1,008

Defer state employees' salary increases effective January 1, 2009.

($57,698)

($57,698)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($337,487)

($337,487)

Reduce contracts expenditures through reduced utilization and administrative efficiencies.

($1,130)

($1,130)

Reduce funds to reflect department-wide furlough.

($46,780)

($46,780)

872

JOURNAL OF THE HOUSE

Reduce general grant-in-aid funding to county boards of health by 3.5%. Eliminate 3 vacant positions. Amount appropriated in this Act

($24,203)
($139,954) $5,390,358

($24,203)
($139,954) $11,915,502

26.26. Facility and Provider Regulation

Purpose: Inspect and license foster care residential facilities, child placing agencies, and health care facilities.

Total Funds

$15,266,914

Federal Funds and Grants

$7,585,002

Foster Care Title IV-E

$312,568

Federal Funds Not Specifically Identified

$7,272,434

Other Funds

$70,000

Other Funds - Not Specifically Identified

$70,000

State Funds

$7,611,912

State General Funds

$7,611,912

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 (HB990)

$8,759,268

$16,414,270

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,996

$5,996

Defer state employees' salary increases effective January 1, 2009.

($54,807)

($54,807)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($320,573)

($320,573)

Eliminate the following vacant positions: a. 1 Rules Coordinator & 1 Complaint Intake Manager ($148,871) b. 2 Adult Day care positions ($212,500) c. 1 Diagnostic Surveyor ($14,330) d. 1 Personal Care Home

($453,472)

($453,472)

THURSDAY, FEBRUARY 26, 2009

873

surveyor ($77,771) Reflect savings from furloughs affecting 125 employees pay grade 15 and above. Reduce State Fire Marshal Office contract. Reduce operating expenses. Amount appropriated in this Act

($121,300)
($3,200) ($200,000) $7,611,912

($121,300)
($3,200) ($200,000) $15,266,914

26.27. Family Violence Services

Purpose: To provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state.

Total Funds

$12,850,708

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

$5,001,950

State General Funds

$5,001,950

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 (HB990)

$6,151,950

$14,000,708

Eliminate new funding for family violence shelters provided for in FY 2009.

($615,000)

($615,000)

Eliminate new funding for sexual assault centers provided for in FY 2009.

($535,000)

($535,000)

Amount appropriated in this Act

$5,001,950

$12,850,708

26.28. Federal and Unobligated Balances

Purpose: Reflect balances of federal funds from prior years. No services are provided.

Total Funds

$37,348,536

Federal Funds and Grants

$37,348,536

874

JOURNAL OF THE HOUSE

TANF Block Grant - Unobligated Balance

$37,348,536

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$21,966,009

Reflect TANF Unobligated Balance.

$0

$15,382,527

Amount appropriated in this Act

$0

$37,348,536

26.29. Food Stamp Eligibility and Benefits

Purpose: To promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries.

Total Funds

$91,139,087

Federal Funds and Grants

$53,495,947

Federal Funds Not Specifically Identified

$53,495,947

Other Funds

$12,409

Other Funds - Not Specifically Identified

$12,409

State Funds

$37,630,731

State General Funds

$37,630,731

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 (HB990)

$39,590,489

$93,658,984

Defer state employees' salary increases effective January 1, 2009.

($204,350)

($204,350)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,195,269) ($1,195,269)

Reduce eligibility determination positions through attrition (Total Funds: $1,120,178).

($560,139) ($1,120,278)

Amount appropriated in this Act

$37,630,731

$91,139,087

THURSDAY, FEBRUARY 26, 2009

875

26.30. Immunization

Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance.

Total Funds

$27,455,666

Federal Funds and Grants

$16,290,395

Maternal and Child Health Services Block Grant

$7,164,877

Preventive Health and Health Services Block Grant

$703,712

Federal Funds Not Specifically Identified

$8,421,806

Other Funds

$469,946

Agency Funds

$469,946

State Funds

$10,695,325

State General Funds

$10,695,325

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 (HB990)

$11,962,587

$28,320,797

Defer state employees' salary increases effective January 1, 2009.

($100,574)

($100,574)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($588,269)

($588,269)

Reduce funds to reflect department-wide furlough.

($22,860)

($22,860)

Reduce general grant-in-aid funding to county boards of health by 3.5%.

($153,428)

($153,428)

Replace state funds with federal funds for the

($402,131)

$0

purchase of Rotavirus vaccines for under-

insured infants.

Amount appropriated in this Act

$10,695,325

$27,455,666

876

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 infants and children.

Total Funds

$61,526,272

Federal Funds and Grants

$28,353,517

Maternal and Child Health Services Block Grant

$8,086,561

Preventive Health and Health Services Block Grant

$267,356

Federal Funds Not Specifically Identified

$19,999,600

Other Funds

$0

State Funds

$33,172,755

State General Funds

$33,172,755

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 (HB990)

$38,933,461

$67,286,978

Defer state employees' salary increases effective January 1, 2009.

($341,404)

($341,404)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,996,911) ($1,996,911)

Reduce purchase of supplies and other operating expenses.

($264,000)

($264,000)

Eliminate 2 vacant positions.

($92,084)

($92,084)

Reduce contracts expenditures through reduced utilization and administrative efficiencies.

($21,218)

($21,218)

Reduce general grant-in-aid funding to county boards of health by 3.5%.

($144,927)

($144,927)

Reflect savings from department-wide furlough.

($22,450)

($22,450)

THURSDAY, FEBRUARY 26, 2009

877

Reflect savings from the implementation of an integrated and more medically appropriate system for serving children with special needs.
Transfer 5 state funded positions to federal funds.
Defer planned expansion of the purchase of car beds.
Defer funds for a second sickle cell bus provided for in FY 2009.
Reduce funds for sickle cell services provided by the Fulton-DeKalb Hospital Authority.
Reduce funds for Hemophilia of Georgia contract.
Reduce funds for the Infant and Maternal Health Advisory Council.
Reduce funding for Tertiary Care Center administration contracts.
Reduce unobligated funds previously used for tertiary care center contracts management.
Amount appropriated in this Act

($1,200,000) ($1,200,000)

($260,349) ($36,000) ($300,000) ($88,796)

($260,349) ($36,000) ($300,000) ($88,796)

($182,000) ($144,430) ($200,000) ($466,137)

($182,000) ($144,430) ($200,000) ($466,137)

$33,172,755

$61,526,272

26.32. Infant and Child Health Promotion

Purpose: To provide education and services to promote health and nutrition for infants and children.

Total Funds

$292,827,017

Federal Funds and Grants

$275,131,707

Temporary Assistance for Needy Families Block Grant

$4,094,783

Maternal and Child Health Services Block Grant

$3,813,329

Preventive Health and Health Services Block Grant

$156,221

Federal Funds Not Specifically Identified

$267,067,374

Other Funds

$49,137

Agency Funds

$41,840

878

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified

$7,297

State Funds

$17,575,485

State General Funds

$17,575,485

Intra-State Government Transfers

$70,688

Other Intra-State Government Payments

$70,688

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$29,858,162 $305,109,694

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$8,988

$8,988

Defer state employees' salary increases effective January 1, 2009.

($1,439,198) ($1,439,198)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($8,418,023) ($8,418,023)

Reduce contracts expenditures through reduced utilization and administrative efficiencies.

($4,760)

($4,760)

Reduce general grant-in-aid funding to county boards of health by 3.5%.

($256,256)

($256,256)

Reflect savings from department-wide furlough.

($32,000)

($32,000)

Defer planned expansion of the purchase of car seats.

($200,000)

($200,000)

Reduce funds to recognize administrative efficiencies in the newborn screening followup contract with Emory University.

($134,320)

($134,320)

Defer funds for YMCA Youth Fit for Life provided for in FY 2008.

($100,000)

($100,000)

Defer funds for Safe House Outreach provided for in FY 2009.

($40,000)

($40,000)

Reflect savings from the implementation of an integrated and more medically appropriate

($545,069)

($545,069)

THURSDAY, FEBRUARY 26, 2009

879

system for serving children with special needs.
Transfer 6 state funded positions to federal funds.
Eliminate 9 vacant positions.
Reflect savings from discontinuing Saturday lab hours.
Amount appropriated in this Act

($405,464)
($380,875) ($335,700)
$17,575,485

($405,464)
($380,875) ($335,700)
$292,827,017

26.33. Infectious Disease Control

Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases.

Total Funds

$96,742,198

Federal Funds and Grants

$59,503,141

Maternal and Child Health Services Block Grant

$484,489

Federal Funds Not Specifically Identified

$59,018,652

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$37,089,057

State General Funds

$37,089,057

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$41,912,787 $101,565,928

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,334

$1,334

Defer state employees' salary increases effective January 1, 2009.

($1,180,930) ($1,180,930)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($2,571,827) ($2,571,827)

880

JOURNAL OF THE HOUSE

Reduce purchase of supplies and other operating expenses.
Eliminate 8 vacant positions.
Reduce contracts expenditures through reduced utilization and administrative efficiencies.
Reduce general grant-in-aid funding to county boards of health by 3.5%.
Reflect savings from department-wide furlough.
Amount appropriated in this Act

($400,000)
($396,186) ($26,316)

($400,000)
($396,186) ($26,316)

($183,615) ($66,190) $37,089,057

($183,615) ($66,190) $96,742,198

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

$2,313,304

Federal Funds and Grants

$1,459,130

Preventive Health and Health Services Block Grant

$112,005

Federal Funds Not Specifically Identified

$1,347,125

Other Funds

$0

State Funds

$854,174

State General Funds

$854,174

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,257,613

$2,716,743

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$447

$447

Defer state employees' salary increases effective January 1, 2009.

($16,770)

($16,770)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer

($98,093)

($98,093)

THURSDAY, FEBRUARY 26, 2009

881

contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Eliminate 1 vacant position.
Reduce funds to reflect department-wide furlough.
Reduce general grant-in-aid funding to county boards of health by 3.5%.
Discontinue funding for the suicide prevention planning activities.
Amount appropriated in this Act

($41,227) ($7,870) ($8,750) ($231,176) $854,174

($41,227) ($7,870) ($8,750)
($231,176) $2,313,304

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

$19,950,266

Federal Funds and Grants

$1,320,931

Maternal and Child Health Services Block Grant

$200,210

Preventive Health and Health Services Block Grant

$336,772

Federal Funds Not Specifically Identified

$783,949

Other Funds

$438,262

Other Funds - Not Specifically Identified

$438,262

State Funds

$18,191,073

State General Funds

$18,191,073

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$18,927,060

$20,686,253

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$787

$787

Defer state employees' salary increases effective January 1, 2009.

($53,831)

($53,831)

882

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Eliminate 1 vacant position.
Reduce funds to reflect department-wide furlough.
Reduce general grant-in-aid funding to county boards of health by 3.5%.
Redirect funding to Adolescent and Adult Health Promotion to be distributed as county grant-in-aid.
Amount appropriated in this Act

($314,864)

($314,864)

($73,162) ($34,500)
($260,417)
$0

($73,162) ($34,500)
($260,417)
$0

$18,191,073

$19,950,266

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

$256,754,965

Federal Funds and Grants

$154,044,057

Temporary Assistance for Needy Families Block Grant

$100,165,092

Foster Care Title IV-E

$41,546,965

Federal Funds Not Specifically Identified

$12,332,000

Other Funds

$0

State Funds

$102,710,908

State General Funds

$102,710,908

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$115,871,866 $263,854,696

Transfer $2,649,000 in TANF funds from the Out-of-Home Care program to the Support for Needy Families - Basic program to align budget with expenditures.

$0 ($2,649,000)

THURSDAY, FEBRUARY 26, 2009

883

Reduce state funds for the Out-of-Home Care program and replace with TANF funds.
Reduce Child Placing Agency (CPA) reimbursement rates for the lowest 3 levels of care provided.
Reflect Out-of-Home Care program savings due to higher utilization of in-home services (Total Funds: $310,970).
Reduce Foster Care Title IV-E funds by $2,956,859 to align budget with expenditures.
Amount appropriated in this Act

($12,000,000) ($901,492)

$0 ($1,182,902)

($259,466)

($310,970)

$0 ($2,956,859)

$102,710,908 $256,754,965

26.38. Refugee Assistance

Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees.

Total Funds

$4,749,006

Federal Funds and Grants

$4,749,006

Federal Funds Not Specifically Identified

$4,749,006

26.39. Substance Abuse Prevention Services

Purpose: To promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse of alcohol, tobacco and drugs.

Total Funds

$23,097,732

Federal Funds and Grants

$22,893,046

Prevention and Treatment of Substance Abuse Block Grant

$19,978,445

Federal Funds Not Specifically Identified

$2,914,601

Other Funds

$194,000

Agency Funds

$194,000

State Funds

$10,686

State General Funds

$10,686

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,238,772

$24,325,818

884

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds to reflect department-wide furlough.
Reduce purchase of supplies and other operating expenses.
Transfer 3 state funded positions and associated operating expenses to federal funds.
Amount appropriated in this Act

$393
($46,541) ($272,228)

$393
($46,541) ($272,228)

($9,710) ($400,600) ($499,400)

($9,710) ($400,600) ($499,400)

$10,686

$23,097,732

26.40. Support for Needy Families - Basic Assistance

Purpose: To provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$59,587,784

Federal Funds and Grants

$59,587,784

Temporary Assistance for Needy Families Block Grant

$28,026,964

TANF Block Grant - Unobligated Balance

$31,560,820

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 (HB990)

$100,000

$58,100,000

Transfer $2,649,000 in TANF funds from the Out-of-Home Care program to the Support

$0

$2,649,000

THURSDAY, FEBRUARY 26, 2009

885

for Needy Families - Basic program to align budget with expenditures.
Align TANF Block Grant funding with anticipated expenditures.
Provide for an additional reduction.
Amount appropriated in this Act

$0
($100,000) $0

($1,061,216)
($100,000) $59,587,784

26.41. Support for Needy Families - Family Assistance

Purpose: To administer and aid needy families in the accomplishment of Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$49,746,232

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

$1,391,696

State General Funds

$1,391,696

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 (HB990)

$6,464,606

$54,819,142

Defer state employees' salary increases effective January 1, 2009.

($2,091,321) ($2,091,321)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($2,981,589) ($2,981,589)

Reduce funding provided for in FY 2009 for rent increases for 4 new county DFCS offices (Total Funds: $904,543).

$0

$0

Reduce staffing through special DFCS furlough plan and attrition, Seven hundred-

$0

$0

886

JOURNAL OF THE HOUSE

two (702) positions equivalents over nine (9) months. Goal is to maintain cases to worker ratio of 15:1
Amount appropriated in this Act

$1,391,696

$49,746,232

26.42. Support for Needy Families - Work Assistance

Purpose: To assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$33,234,348

Federal Funds and Grants

$25,519,348

Temporary Assistance for Needy Families Block Grant

$23,116,253

CCDF Mandatory & Matching Funds

$6,500

Federal Funds Not Specifically Identified

$2,396,595

State Funds

$7,695,000

State General Funds

$7,695,000

Intra-State Government Transfers

$20,000

Medicaid Services Payments - Other Agencies

$20,000

26.43. Vital Records

Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

Total Funds

$3,718,958

Federal Funds and Grants

$500,680

Federal Funds Not Specifically Identified

$500,680

Other Funds

$0

State Funds

$3,218,278

State General Funds

$3,218,278

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,764,443

$4,265,123

THURSDAY, FEBRUARY 26, 2009

887

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds to reflect department-wide furlough.
Amount appropriated in this Act

$2,364
($78,045) ($456,494)

$2,364
($78,045) ($456,494)

($13,990) $3,218,278

($13,990) $3,718,958

The following appropriations are for agencies attached for administrative purposes.

26.44. Brain & 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

$2,072,243

Federal Funds and Grants

$100,000

Federal Funds Not Specifically Identified

$100,000

Other Funds

$3,250

Agency Funds

$3,250

State Funds

$1,968,993

Brain & Spinal Injury Trust Fund

$1,968,993

26.45. 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

$198,954

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$198,954

State General Funds

$198,954

888

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 (HB990)

$252,352

$252,352

Defer state employees' salary increases effective January 1, 2009.

($2,185)

($2,185)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($11,213)

($11,213)

Provide for an additional reduction to operations.

$0

$0

Defer funding provided in FY 2009 for the Georgia for a Lifetime study (Project 2020).

($40,000)

($40,000)

Amount appropriated in this Act

$198,954

$198,954

26.46. Governor's Council on Developmental Disabilities

Purpose: Promote quality services and support for people with developmental disabilities and their families.

Total Funds

$2,247,814

Federal Funds and Grants

$2,195,817

Federal Funds Not Specifically Identified

$2,195,817

Other Funds

$0

State Funds

$51,997

State General Funds

$51,997

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$70,917

$2,266,734

Defer state employees' salary increases effective January 1, 2009.

($10,655)

($10,655)

THURSDAY, FEBRUARY 26, 2009

889

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Delay hiring vacant program associate position.
Amount appropriated in this Act

($3,811)

($3,811)

$0 ($4,454) $51,997

$0 ($4,454) $2,247,814

26.47. Family Connection

Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families.

Total Funds

$10,666,364

Federal Funds and Grants

$2,037,272

Temporary Assistance for Needy Families Block Grant

$1,200,000

Federal Funds Not Specifically Identified

$837,272

Other Funds

$0

State Funds

$8,629,092

State General Funds

$8,629,092

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,600,837

$12,069,608

Defer state employees' salary increases effective January 1, 2009.

($2,959)

($2,959)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($9,787)

($9,787)

Provide for an additional reduction to operations.

$0

$0

890

JOURNAL OF THE HOUSE

Reduce state funds for technical assistance ($431,499) and county collaborative contracts ($477,000) (Total funds: 1,339,998).
Reduce personal services ($40,000) and regular operating expenses ($10,500).
Amount appropriated in this Act

($908,499) ($1,339,998)

($50,500) $8,629,092

($50,500) $10,666,364

26.48. Sexual Offender Review Board

Purpose: Protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending.

Total Funds

$869,183

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$869,183

State General Funds

$869,183

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 (HB990)

$955,737

$955,737

Defer state employees' salary increases effective January 1, 2009.

($1,538)

($1,538)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($19,502)

($19,502)

Provide for an additional reduction to operations.

($8,793)

($8,793)

Reduce operating expenses.

($56,721)

($56,721)

Amount appropriated in this Act

$869,183

$869,183

Section 27: Insurance, Office of the Commission of Total Funds Federal Funds and Grants

$17,638,352 $954,555

THURSDAY, FEBRUARY 26, 2009

891

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
$16,586,565 $16,586,565
$0

27.1. Administration

Purpose: Protecting the rights of Georgia citizens in insurance and industrial loan transactions, and maintain a fire safe environment.

Total Funds

$1,923,334

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,923,334

State General Funds

$1,923,334

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,490,268

$2,490,268

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,212

$1,212

Defer state employees' salary increases effective January 1, 2009.

($24,846)

($24,846)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($123,325)

($123,325)

Provide for an additional reduction to operations.

($68,221)

($68,221)

Reduce personal services through a combination of attrition, furloughs, and reductions in force.

($275,713)

($275,713)

892

JOURNAL OF THE HOUSE

Reduce real estate rentals to $743,075 based on current GBA rental billings. Reduce funding for computer charges. Amount appropriated in this Act

($1,041)
($75,000) $1,923,334

($1,041)
($75,000) $1,923,334

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

$703,609

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$703,609

State General Funds

$703,609

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$883,508

$883,508

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$307

$307

Defer state employees' salary increases effective January 1, 2009.

($11,526)

($11,526)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($53,999)

($53,999)

Reduce personal services through a combination of attrition, furloughs, and reductions in force.

($100,713)

($100,713)

Reduce real estate rentals to $743,075 based on current GBA rental billings.

($3,968)

($3,968)

Reduce funding for contractual services.

($10,000)

($10,000)

Amount appropriated in this Act

$703,609

$703,609

THURSDAY, FEBRUARY 26, 2009

893

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

$5,713,437

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

$4,661,650

State General Funds

$4,661,650

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,649,189

$6,700,976

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,174

$4,174

Defer state employees' salary increases effective January 1, 2009.

($74,348)

($74,348)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($332,976)

($332,976)

Provide for an additional reduction to operations.

($100,000)

($100,000)

Reduce personal services through a combination of attrition, furloughs, and reductions in force.

($362,555)

($362,555)

Reduce real estate rentals to $743,075 based on current GBA rental billings.

($7,961)

($7,961)

Reduce equipment ($17,500), computer charges ($45,000), and motor vehicle purchases ($51,373).

($113,873)

($113,873)

894

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$4,661,650

$5,713,437

27.4. Industrial Loan

Purpose: Protect customers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or less.

Total Funds

$622,299

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$622,299

State General Funds

$622,299

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 (HB990)

$782,187

$782,187

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$103

$103

Defer state employees' salary increases effective January 1, 2009.

($6,759)

($6,759)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($41,666)

($41,666)

Reduce personal services through a combination of attrition, furloughs, and reductions in force.

($110,712)

($110,712)

Reduce real estate rentals to $743,075 based on current GBA rental billings.

($854)

($854)

Amount appropriated in this Act

$622,299

$622,299

27.5. Insurance Regulation

Purpose: Ensure that licensed insurance entities maintain solvency, and comply with state law and adopted rules, regulations, and standards.

Total Funds

$5,498,206

THURSDAY, FEBRUARY 26, 2009

895

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$5,498,206

State General Funds

$5,498,206

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,090,259

$6,090,259

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$3,889

$3,889

Defer state employees' salary increases effective January 1, 2009.

($61,193)

($61,193)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($305,316)

($305,316)

Reduce personal services through a combination of attrition, furloughs, and reductions in force.

($180,000)

($180,000)

Reduce funding for computer charges.

($30,000)

($30,000)

Reduce real estate rentals to $743,075 based on current GBA rental billings.

($19,433)

($19,433)

Amount appropriated in this Act

$5,498,206

$5,498,206

27.6. Special Fraud Purpose: Identify and take appropriate action to deter insurance fraud.
Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$3,177,467 $0 $0
$3,177,467 $3,177,467
$0

896

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 (HB990)

$3,334,714

$3,334,714

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,436

$1,436

Defer state employees' salary increases effective January 1, 2009.

($35,359)

($35,359)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($123,324)

($123,324)

Amount appropriated in this Act

$3,177,467

$3,177,467

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

$124,533,383 $40,844,247 $40,844,247 $16,953,830 $16,953,830 $66,735,306 $66,735,306 $0

28.1. Administration

Purpose: Provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property.

Total Funds

$9,998,364

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

$9,896,262

THURSDAY, FEBRUARY 26, 2009

897

State General Funds

$9,896,262

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,901,853

$10,003,955

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$769,187

$769,187

Defer state employees' salary increases effective January 1, 2009.

($50,301)

($50,301)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($213,627)

($213,627)

Realize savings through the restructuring of the headquarters security contract.

($331,211)

($331,211)

Transfer funds to the Regional Forensic Services program to prevent the closure of the Western Regional Crime Lab in Columbus, the Southwestern Regional Crime Lab in Moultrie and the Southwestern Medical Examiner office.

($179,639)

($179,639)

Amount appropriated in this Act

$9,896,262

$9,998,364

28.2. Centralized Scientific Services

Purpose: Provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

Total Funds

$14,686,359

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

$12,671,451

State General Funds

$12,671,451

898

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 (HB990)

$14,536,126

$16,551,034

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$24,525

$24,525

Defer state employees' salary increases effective January 1, 2009.

($487,185)

($487,185)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($640,880)

($640,880)

Suspend purchase of equipment, real estate, computer charges, contracts, vehicles, and reduce regular operating costs such as travel, supplies and materials, and printing and publication agency-wide.

($200,000)

($200,000)

Eliminate 3 hourly staff positions.

($50,000)

($50,000)

Reduce funds by implementing an agencywide hiring freeze.

($485,000)

($485,000)

Revert to contracted forensic anthropology services when required.

($26,135)

($26,135)

Amount appropriated in this Act

$12,671,451

$14,686,359

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

$13,405,724

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

$9,399,936

THURSDAY, FEBRUARY 26, 2009

899

State General Funds

$9,399,936

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 (HB990)

$11,040,504

$15,046,292

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$145,435

$145,435

Defer state employees' salary increases effective January 1, 2009.

($100,256)

($100,256)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($460,403)

($460,403)

Suspend purchase of equipment, real estate, computer charges, contracts, vehicles, and reduce regular operating costs such as travel, supplies and materials, and printing and publication agency-wide.

($50,000)

($50,000)

Eliminate 35 temporary labor positions.

($598,503)

($598,503)

Reduce funds by implementing an agencywide hiring freeze.

($576,841)

($576,841)

Amount appropriated in this Act

$9,399,936

$13,405,724

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

$1,078,193

Federal Funds and Grants

$360,025

Federal Funds Not Specifically Identified

$360,025

Other Funds

$479

Other Funds - Not Specifically Identified

$479

State Funds

$717,689

900

JOURNAL OF THE HOUSE

State General Funds

$717,689

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$939,414

$1,299,918

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,739

$5,739

Defer state employees' salary increases effective January 1, 2009.

($44,315)

($44,315)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($33,149)

($33,149)

Reduce funding for regular operating expenses.

($65,000)

($65,000)

Reduce funds by implementing an agencywide hiring freeze.

($85,000)

($85,000)

Amount appropriated in this Act

$717,689

$1,078,193

28.5. Regional Forensic Services

Purpose: Provide pathology services to determine cause and manner of death.

Total Funds

$8,098,903

Federal Funds and Grants

$0

Other Funds

$2,255

Other Funds - Not Specifically Identified

$2,255

State Funds

$8,096,648

State General Funds

$8,096,648

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 (HB990)

$9,018,034

$9,020,289

THURSDAY, FEBRUARY 26, 2009

901

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds by implementing an agencywide hiring freeze.
Reduce funds by implementing an agencywide hiring freeze.
Realize operational efficiencies by converting to intake only in Moultrie and consolidation of services from the Columbus laboratory.
Amount appropriated in this Act

$34,263
($311,545) ($394,104)

$34,263
($311,545) ($394,104)

($200,000) ($50,000)
$0

($200,000) ($50,000)
$0

$8,096,648

$8,098,903

28.6. Regional Investigative Services

Purpose: Identify, collect, preserve, and process evidence located during crime scene examinations and to render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals.

Total Funds

$24,170,855

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

$22,496,650

State General Funds

$22,496,650

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$27,486,004

$29,160,209

902

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce 10 hourly staff positions and 40 temporary labor positions.
Reduce funding for regular operating expenses ($257,600) and motor vehicle purchases ($610,731).
Reduce funds by implementing an agencywide hiring freeze.
Consolidate the Macon Regional Drug Enforcement Office and the Milledgeville regional investigative office to one location, realizing savings in operational costs.
Reassign 3 Secure ID agents to regional investigative positions.
Reassign 17 State Drug Task Force agents to regional offices as regional investigative agents and eliminate 2 support staff positions.
Amount appropriated in this Act

$103,026

$103,026

($1,570,684) ($1,266,106)

($1,570,684) ($1,266,106)

($54,561) ($868,331)
($701,865) ($34,727)

($54,561) ($868,331)
($701,865) ($34,727)

($139,636) ($456,470)

($139,636) ($456,470)

$22,496,650

$24,170,855

28.7. Special Operations Unit

Purpose: Respond to requests from law enforcement agencies state-wide in order to render safe explosive devices of all types, and assist in the identification, arrest, and prosecution of individuals.

Total Funds

$3,851,953

Federal Funds and Grants

$3,023,756

Federal Funds Not Specifically Identified

$3,023,756

Other Funds

$200

Other Funds - Not Specifically Identified

$200

THURSDAY, FEBRUARY 26, 2009

903

State Funds

$827,997

State General Funds

$827,997

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$922,919

$3,946,875

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,576

$2,576

Defer state employees' salary increases effective January 1, 2009.

($41,715)

($41,715)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($25,783)

($25,783)

Reduce funding for regular operating expenses.

($10,000)

($10,000)

Reduce funds by implementing an agencywide hiring freeze.

($20,000)

($20,000)

Amount appropriated in this Act

$827,997

$3,851,953

28.8. State Healthcare Fraud Unit

Purpose: Identify, arrest, and prosecute providers of health care services who defraud the Medicaid Program.

Total Funds

$5,471,587

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

$1,073,226

State General Funds

$1,073,226

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

904

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds by implementing an agencywide hiring freeze.
Amount appropriated in this Act

State Funds $1,244,726
$14,137

Total Funds $5,643,087
$14,137

($72,617) ($23,020)

($72,617) ($23,020)

($90,000) $1,073,226

($90,000) $5,471,587

28.9. Task Forces

Purpose: Provide GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

Total Funds

$1,083,358

Federal Funds and Grants

$0

Other Funds

$376

Other Funds - Not Specifically Identified

$376

State Funds

$1,082,982

State General Funds

$1,082,982

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,301,979

$1,302,355

Defer state employees' salary increases effective January 1, 2009.

($109,798)

($109,798)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through

($44,199)

($44,199)

THURSDAY, FEBRUARY 26, 2009

905

June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funding for regular operating expenses.
Reduce funds by implementing an agencywide hiring freeze.
Amount appropriated in this Act

($50,000) ($15,000) $1,082,982

($50,000) ($15,000) $1,083,358

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 award grants.

Total Funds

$42,688,087

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

$472,465

State General Funds

$472,465

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$892,009

$43,107,631

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$7,125

$7,125

Defer state employees' salary increases effective January 1, 2009.

($3,784)

($3,784)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and

($19,109)

($19,109)

906

JOURNAL OF THE HOUSE

to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Defer the Local Law Enforcement and Fire Safety grant program.
Restore Local Law Enforcement and Fire Services grant program for the fourth quarter of FY 2009.
Amount appropriated in this Act

($3,776) ($500,000)
$100,000

($3,776) ($500,000)
$100,000

$472,465

$42,688,087

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

$316,400,168 $1,674,112 $1,674,112
$13,589,161 $25,060
$13,564,101 $301,136,895 $301,136,895
$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

$27,065,113

Federal Funds and Grants

$339,060

Federal Funds Not Specifically Identified

$339,060

Other Funds

$245,155

Agency Funds

$25,060

Other Funds - Not Specifically Identified

$220,095

State Funds

$26,480,898

State General Funds

$26,480,898

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

907

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Increase turnover savings for exempt positions and freeze non-exempt positions.
Reduce part-time labor positions.
Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.
Furlough non-security employees with salaries above $50,000 for one day per month.
Reduce funding for motor vehicle purchases.
Provide mandatory training only.
Provide for a reduction to operating expenses.
Amount appropriated in this Act

State Funds $28,459,888
$540,139

Total Funds $29,044,103
$540,139

($205,950) ($1,052,771)

($205,950) ($1,052,771)

($126,724)
($88,195) ($91,954)
($190,535)

($126,724)
($88,195) ($91,954)
($190,535)

($63,000) ($200,000) ($500,000)
$26,480,898

($63,000) ($200,000) ($500,000)
$27,065,113

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 or services for committed youth.

Total Funds

$43,791,902

Federal Funds and Grants

$0

Other Funds

$5,002,533

Other Funds - Not Specifically Identified

$5,002,533

State Funds

$38,789,369

State General Funds

$38,789,369

908

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 (HB990)

$50,568,335

$55,570,868

Defer state employees' salary increases effective January 1, 2009.

($29,370)

($29,370)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($103,802)

($103,802)

Furlough non-security employees one day per month.

($12,331)

($12,331)

Reduce part-time labor positions.

($33,658)

($33,658)

Increase turnover savings for exempt positions and freeze non-exempt positions.

($52,153)

($52,153)

Recognize one-time prior year savings based on contract utilization.

($4,810,282) ($4,810,282)

Discontinue funding for the Family Based Intervention program effective January 2009.

($744,144)

($744,144)

Recognize savings from mental health services paid for by Care Management Organizations.

($3,080,000) ($3,080,000)

Eliminate the use of the Weekend Sanctions Program.

($72,170)

($72,170)

Recognize savings for North Georgia Wilderness program closed in FY 2008 by reducing maximum length of stay in the Short Term program (STP) to 30 days.

($2,053,560) ($2,053,560)

Close Blakely Wilderness program effective April 2009 by reducing maximum length of stay in the Short Term program (STP) to 30 days.

($403,466)

($403,466)

Utilize Outdoor Therapy program (OTP) on fee-for-service basis.

($384,030)

($384,030)

Amount appropriated in this Act

$38,789,369

$43,791,902

THURSDAY, FEBRUARY 26, 2009

909

29.3. Community Supervision

Purpose: Protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens.

Total Funds

$52,571,216

Federal Funds and Grants

$0

Other Funds

$4,297,106

Other Funds - Not Specifically Identified

$4,297,106

State Funds

$48,274,110

State General Funds

$48,274,110

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$55,094,993

$59,392,099

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$545,201

$545,201

Defer state employees' salary increases effective January 1, 2009.

($721,411)

($721,411)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($2,371,612) ($2,371,612)

Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.

($58,406)

($58,406)

Furlough non-security employees one day per month.

($64,866)

($64,866)

Increase turnover savings for exempt positions and freeze non-exempt positions.

($185,562)

($185,562)

Reduce part-time labor positions.

($270,687)

($270,687)

Eliminate funding and 67 vacant JPPS positions provided for in FY 2009 budget.

($3,157,758) ($3,157,758)

Reduce staffing of the Apprehensions Unit by 12 positions.

($338,239)

($338,239)

Reduce funding for motor vehicle purchases.

($197,543)

($197,543)

910

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$48,274,110

$52,571,216

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

$91,372,006

Federal Funds and Grants

$1,274,905

Federal Funds Not Specifically Identified

$1,274,905

Other Funds

$2,125,182

Other Funds - Not Specifically Identified

$2,125,182

State Funds

$87,971,919

State General Funds

$87,971,919

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 (HB990)

$99,055,570 $102,455,657

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$60,453

$60,453

Defer state employees' salary increases effective January 1, 2009.

($2,112,778) ($2,112,778)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($4,170,394) ($4,170,394)

Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.

($76,834)

($76,834)

Discontinue funding for the Emory and MCG Residency program.

($10,400)

($10,400)

Eliminate motor vehicle purchases.

($84,803)

($84,803)

Replace social service provider 2 positions with part-time positions.

($11,287)

($11,287)

Furlough non-security employees one day per month.

($217,138)

($217,138)

THURSDAY, FEBRUARY 26, 2009

911

Increase turnover savings for exempt positions and freeze non-exempt positions.
Recognize one-time prior year savings based on contract utilization.
Recognize savings through the suspension of the 21st Century Learning After School program within Youth Development Campus (YDC) facilities effective January 2009.
Recognize savings through the suspension of the Think Exit at Entry program within Youth Development Campus (YDC) facilities effective January 2009.
Reduce part-time labor positions.
Close McIntosh Youth Development Campus (YDC) effective April 2009 by reducing maximum length of stay in the Short Term Program (STP) to 30 days.
Reduce Substance Abuse Education Program within Youth Development Campus (YDC) facilities effective January 2009.
Reduce the use of part-time social workers in YDCs.
Amount appropriated in this Act

($826,149) ($1,633,689)
($192,500)

($826,149) ($1,633,689)
($192,500)

($300,000)

($300,000)

($329,843) ($900,000)

($329,843) ($900,000)

($48,167)

($48,167)

($230,122) $87,971,919

($230,122) $91,372,006

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

$101,599,931

Federal Funds and Grants

$60,147

Federal Funds Not Specifically Identified

$60,147

Other Funds

$1,919,185

Other Funds - Not Specifically Identified

$1,919,185

State Funds

$99,620,599

State General Funds

$99,620,599

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

912

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.
Discontinue funding for the Emory and MCG Residency program.
Eliminate motor vehicle purchases.
Increase turnover savings for exempt positions and freeze non-exempt positions.
Furlough non-security employees one day per month.
Improve utilization of psychology services at secure facilities throughout the state.
Recognize one-time prior year savings based on contract utilization.
Reduce part-time labor positions.
Replace social service provider positions with part-time positions.
Discontinue funding for the Substance Abuse Education Program within Regional Youth Detention Center (RYDC) facilities effective January 2009.
Reduce the use of on-call social workers in Regional Youth Detention Centers (RYDC).
Amount appropriated in this Act

State Funds $109,753,879
$224,119

Total Funds $111,733,211
$224,119

($2,317,047) ($4,832,870)

($2,317,047) ($4,832,870)

($128,783) ($10,400) ($65,731) ($803,667) ($367,508) ($49,067) ($801,362) ($566,063) ($143,438) ($122,321)

($128,783) ($10,400) ($65,731) ($803,667) ($367,508) ($49,067) ($801,362) ($566,063) ($143,438) ($122,321)

($149,142) $99,620,599

($149,142) $101,599,931

THURSDAY, FEBRUARY 26, 2009

913

Section 30: Labor, Department of Total Funds Federal Funds and Grants
Temporary Assistance for Needy Families Block Grant 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

$432,055,315 $345,692,508
$252,000 $345,440,508 $31,528,191
$729,513 $30,798,678 $47,934,616 $47,934,616
$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

$39,683,332

Federal Funds and Grants

$37,923,936

Federal Funds Not Specifically Identified

$37,923,936

Other Funds

$0

State Funds

$1,759,396

State General Funds

$1,759,396

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 (HB990)

$3,422,636

$41,856,572

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,261

$11,261

Defer state employees' salary increases effective January 1, 2009.

($35,488)

($35,488)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer

($102,476)

($102,476)

914

JOURNAL OF THE HOUSE

contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funds for personal services.
Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance.
Reduce operating expenses.
Reduce funding ($510,000) for the Goodworks program to align TANF expenditures to annual grant award.
Amount appropriated in this Act

($486,095)
($653,327) ($211,276)

($486,095)
($653,327) ($211,276)

($185,839) $0

($185,839) ($510,000)

$1,759,396

$39,683,332

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

$4,967,740

Federal Funds and Grants

$2,913,518

Federal Funds Not Specifically Identified

$2,913,518

Other Funds

$0

State Funds

$2,054,222

State General Funds

$2,054,222

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 (HB990)

$2,309,899

$5,223,417

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$7,398

$7,398

Defer state employees' salary increases effective January 1, 2009.

($13,874)

($13,874)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer

($71,540)

($71,540)

THURSDAY, FEBRUARY 26, 2009

915

contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce funds for personal services. Amount appropriated in this Act

($177,661) $2,054,222

($177,661) $4,967,740

30.3. Business Enterprise Program

Purpose: Assist people who are blind in becoming successful contributors to the state's economy.

Total Funds

$2,385,028

Federal Funds and Grants

$1,966,085

Federal Funds Not Specifically Identified

$1,966,085

Other Funds

$0

State Funds

$418,943

State General Funds

$418,943

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$444,108

$2,410,193

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,422

$1,422

Defer state employees' salary increases effective January 1, 2009.

($2,798)

($2,798)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($13,713)

($13,713)

Reduce funds for personal services.

($7,920)

($7,920)

Reduce operating expenses.

($2,156)

($2,156)

Amount appropriated in this Act

$418,943

$2,385,028

30.4. Commission on Women
Purpose: Advance the health, education, economic, social, and legal status of women in Georgia.

916

JOURNAL OF THE HOUSE

Total Funds

$83,855

State Funds

$83,855

State General Funds

$83,855

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$93,172

$93,172

Reduce operating expenses.

($9,317)

($9,317)

Amount appropriated in this Act

$83,855

$83,855

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

$12,201,070

Federal Funds and Grants

$0

Other Funds

$11,828,888

Agency Funds

$729,513

Other Funds - Not Specifically Identified

$11,099,375

State Funds

$372,182

State General Funds

$372,182

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$452,913

$12,281,801

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,451

$1,451

THURSDAY, FEBRUARY 26, 2009

917

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Amount appropriated in this Act

($72,011) ($10,171)

($72,011) ($10,171)

$372,182

$12,201,070

30.7. Labor Market Information

Purpose: Collect, analyze, and publish a wide array of information about the state's labor market.

Total Funds

$2,894,622

Federal Funds and Grants

$2,249,873

Federal Funds Not Specifically Identified

$2,249,873

Other Funds

$0

State Funds

$644,749

State General Funds

$644,749

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$753,151

$3,003,024

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,412

$2,412

Defer state employees' salary increases effective January 1, 2009.

($8,962)

($8,962)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($29,985)

($29,985)

Reduce funds from operations.

($71,867)

($71,867)

Amount appropriated in this Act

$644,749

$2,894,622

918

JOURNAL OF THE HOUSE

30.8. Roosevelt Warm Springs Institute

Purpose: Empower individuals with disabilities to achieve personal independence.

Total Funds

$32,591,137

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

$6,708,761

State General Funds

$6,708,761

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,339,734

$33,222,110

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$23,507

$23,507

Defer state employees' salary increases effective January 1, 2009.

($57,183)

($57,183)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($224,829)

($224,829)

Reduce funds for personal services.

($208,904)

($208,904)

Reduce operating expenses.

($163,564)

($163,564)

Amount appropriated in this Act

$6,708,761

$32,591,137

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

$3,195,106

Federal Funds and Grants

$168,552

Federal Funds Not Specifically Identified

$168,552

Other Funds

$0

THURSDAY, FEBRUARY 26, 2009

919

State Funds

$3,026,554

State General Funds

$3,026,554

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 (HB990)

$3,406,435

$3,574,987

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$10,910

$10,910

Defer state employees' salary increases effective January 1, 2009.

($30,212)

($30,212)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($103,437)

($103,437)

Reduce funds appropriated in FY 2009 for 3 safety inspector positions and 1 clerical position.

($257,142)

($257,142)

Amount appropriated in this Act

$3,026,554

$3,195,106

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

$57,407,116

Federal Funds and Grants

$49,173,186

Federal Funds Not Specifically Identified

$49,173,186

Other Funds

$0

State Funds

$8,233,930

State General Funds

$8,233,930

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

920

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds for motor vehicle purchases.
Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance.
Amount appropriated in this Act

State Funds $11,228,560
$35,962

Total Funds $60,401,746
$35,962

($112,322) ($327,029)

($112,322) ($327,029)

($10,452) ($2,580,789)

($10,452) ($2,580,789)

$8,233,930

$57,407,116

30.11. Vocational Rehabilitation Program

Purpose: Assist people with disabilities so that they may go to work.

Total Funds

$84,855,513

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

$16,682,144

State General Funds

$16,682,144

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 (HB990)

$18,029,477

$84,502,846

Reflect allocation of telecommunication expenses resulting from the GAIT

$57,743

$57,743

THURSDAY, FEBRUARY 26, 2009

921

Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce operating expenses.
Reduce contract funds.
Increase funding ($1,700,000) for the Goodworks program to align TANF expenditures to annual grant award.
Amount appropriated in this Act

($92,059) ($560,156)

($92,059) ($560,156)

($155,169) ($597,692)
$0

($155,169) ($597,692) $1,700,000

$16,682,144

$84,855,513

30.12. Workforce Development

Purpose: Assist employers and job seekers with job matching services and promote economic growth and development.

Total Funds

$136,191,976

Federal Funds and Grants

$123,042,096

Temporary Assistance for Needy Families Block Grant

$252,000

Federal Funds Not Specifically Identified

$122,790,096

Other Funds

$0

State Funds

$7,949,880

State General Funds

$7,949,880

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 (HB990)

$8,289,007 $137,721,103

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$26,547

$26,547

922

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds for motor vehicle purchases.
Reduce funding ($1,190,000) for the Goodworks program to align TANF expenditures to annual grant award.
Amount appropriated in this Act

($84,464) ($260,921)

($84,464) ($260,921)

($20,289) $0

($20,289) ($1,190,000)

$7,949,880 $136,191,976

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

$53,795,665 $0
$36,826,240 $36,826,240 $16,969,425 $16,969,425
$0

31.1. Law

Purpose: Serve the citizens of the State of Georgia by providing legal representation of the highest quality to the agencies, officers, and employees of state government.

Total Funds

$53,795,665

Federal Funds and Grants

$0

Other Funds

$36,826,240

Other Funds - Not Specifically Identified

$36,826,240

State Funds

$16,969,425

State General Funds

$16,969,425

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

923

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funding for personal services ($724,486) and eliminate 5 vacant positions ($267,258).
Reduce funding for operating expenses.
Amount appropriated in this Act

State Funds $19,650,981
$42,657

Total Funds $56,477,221
$42,657

($247,231) ($1,197,800)

($247,231) ($1,197,800)

($172,238) ($991,744)

($172,238) ($991,744)

($115,200) $16,969,425

($115,200) $53,795,665

Section 32: Natural Resources, Department of Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds State General Funds Intra-State Government Transfers

$278,222,545 $49,146,841 $49,146,841
$123,099,762 $66,648,023 $56,347,826
$103,913 $105,975,942 $105,975,942
$0

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and

924

JOURNAL OF THE HOUSE

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: Provide administrative support for all programs of the department.

Total Funds

$11,285,799

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

$10,538,150

State General Funds

$10,538,150

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$10,959,652

$11,707,301

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$634,298

$634,298

Defer state employees' salary increases effective January 1, 2009.

($115,915)

($115,915)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($357,885)

($357,885)

Provide for an additional reduction to operations.

$0

$0

Reduce operating expenses.

($200,000)

($200,000)

THURSDAY, FEBRUARY 26, 2009

925

Reduce personal services to reflect vacancies. Amount appropriated in this Act

($382,000) $10,538,150

($382,000) $11,285,799

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

$8,443,330

Federal Funds and Grants

$5,940,807

Federal Funds Not Specifically Identified

$5,940,807

Other Funds

$90,221

Other Funds - Not Specifically Identified

$90,221

State Funds

$2,412,302

State General Funds

$2,412,302

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,898,737

$8,929,765

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,003

$2,003

Defer state employees' salary increases effective January 1, 2009.

($34,089)

($34,089)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($92,359)

($92,359)

Provide for an additional reduction to operations.

$0

$0

Eliminate funds for motor vehicle purchases.

($20,000)

($20,000)

Reduce operating expenses.

($20,000)

($20,000)

Eliminate funds for the removal of sunken vessels.

($180,000)

($180,000)

926

JOURNAL OF THE HOUSE

Defer state funds for artificial reef construction.
Reduce funds for personal services to reflect 2 vacancies.
Amount appropriated in this Act

($46,755) ($95,235) $2,412,302

($46,755) ($95,235) $8,443,330

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

$118,835,701

Federal Funds and Grants

$23,517,774

Federal Funds Not Specifically Identified

$23,517,774

Other Funds

$66,713,023

Agency Funds

$66,648,023

Other Funds - Not Specifically Identified

$65,000

State Funds

$28,604,904

State General Funds

$28,604,904

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 (HB990)

$32,372,077 $122,602,874

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$107,261

$107,261

Defer state employees' salary increases effective January 1, 2009.

($471,122)

($471,122)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,433,872) ($1,433,872)

Provide for an additional reduction to operations.

($54,332)

($54,332)

Eliminate 22 vacant positions.

($1,095,810) ($1,095,810)

THURSDAY, FEBRUARY 26, 2009

927

Reduce operating expenses.
Reduce funds for advertising in the Clean Air Campaign.
Reduce funds for the Emergency Response Network and eliminate 2 vacant positions.
Replace state funds with other funds for 2 positions and operating expenses in Land Protection.
Amount appropriated in this Act

($200,000) ($180,000)
($260,298)
($179,000)

($200,000) ($180,000)
($260,298)
($179,000)

$28,604,904 $118,835,701

32.4. Hazardous Waste Trust Fund

Purpose: Investigate and clean up abandoned hazardous sites.

Total Funds

$2,519,208

State Funds

$2,519,208

State General Funds

$2,519,208

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,600,000

$7,600,000

Reduce unobligated funds in the Hazardous Waste Trust Fund.

($4,894,774) ($4,894,774)

Eliminate 3 vacant environmental engineer positions.

($186,018)

($186,018)

Amount appropriated in this Act

$2,519,208

$2,519,208

32.5. Historic Preservation

Purpose: Identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations.

Total Funds

$2,811,685

Federal Funds and Grants

$1,007,287

Federal Funds Not Specifically Identified

$1,007,287

Other Funds

$0

State Funds

$1,804,398

State General Funds

$1,804,398

Intra-State Government Transfers

$0

928

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 (HB990)

$2,176,447

$3,183,734

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$20,526

$20,526

Defer state employees' salary increases effective January 1, 2009.

($17,990)

($17,990)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($75,190)

($75,190)

Eliminate contract funds for the certified local government coordinator.

($42,000)

($42,000)

Defer funds for Georgia Heritage Grants.

($129,276)

($129,276)

Reduce contract funds for Regional Development Centers' historic preservation planners.

($28,119)

($28,119)

Reduce funds for personal services.

($100,000)

($100,000)

Amount appropriated in this Act

$1,804,398

$2,811,685

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

$500,885

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$500,885

State General Funds

$500,885

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

929

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Amount appropriated in this Act

State Funds $519,421
$4,843

Total Funds $519,421
$4,843

($4,513) ($18,866)

($4,513) ($18,866)

$500,885

$500,885

32.7. Parks, Recreation and Historic Sites

Purpose: Increase public awareness of the opportunities at state parks and historic sites throughout Georgia.

Total Funds

$65,795,463

Federal Funds and Grants

$1,704,029

Federal Funds Not Specifically Identified

$1,704,029

Other Funds

$41,120,239

Other Funds - Not Specifically Identified

$41,120,239

State Funds

$22,971,195

State General Funds

$22,971,195

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$27,435,429

$70,424,697

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$15,353

$15,353

Defer state employees' salary increases effective January 1, 2009.

($1,786,305) ($1,786,305)

930

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Eliminate funds for motor vehicle purchases.
Reduce contract funds.
Remove funds provided in FY 2009 to build public recreation facilities and boat ramp for the Bear Creek Reservoir.
Remove funds provided in FY 2009 to complete surveys at High Falls State Park.
Remove funds provided in FY 2009 to manage aquatic vegetation at Little Ocmulgee State Park.
Remove unobligated repair and maintenance funds.
Replace state funds with other funds in personal services.
Close the Bo Ginn Aquarium and eliminate 1 vacant position.
Reduce funds for Historic Site Region Office.
Defer all state and other funds for the opening of the Suwannee River Eco-Lodge. (Total Funds: $340,000)
Amount appropriated in this Act

($949,703)
($230,422) ($206,798) ($76,000) ($125,000)
($148,000) ($25,000)
($452,359) ($68,000) ($51,000) ($186,000) ($175,000)
$22,971,195

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
Other Funds - Not Specifically Identified

($949,703)
($230,422) ($206,798) ($76,000) ($125,000)
($148,000) ($25,000)
($452,359) ($68,000) ($51,000) ($186,000) ($340,000)
$65,795,463
$211,893 $96,580 $96,580
$115,313 $11,400

THURSDAY, FEBRUARY 26, 2009

931

Prior Year Funds - Other

$103,913

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

$2,093,085

State Funds

$2,093,085

State General Funds

$2,093,085

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,000,000

$6,000,000

Reduce funds in the Solid Waste Trust Fund.

($3,906,915) ($3,906,915)

Amount appropriated in this Act

$2,093,085

$2,093,085

32.10. 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

$62,852,394

Federal Funds and Grants

$16,705,981

Federal Funds Not Specifically Identified

$16,705,981

Other Funds

$14,487,700

Other Funds - Not Specifically Identified

$14,487,700

State Funds

$31,658,713

State General Funds

$31,658,713

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 (HB990)

$37,516,647

$69,297,433

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$12,684

$12,684

932

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contract funds.
Reduce operating expenses.
Eliminate 10 vacant positions funded in FY 2009.
Eliminate 7 positions for License and Boating Registration due to implementation of automated system.
Reduce funds for motor vehicle purchases.
Eliminate 1 vacant position for the Lake Burton cold-water hatchery.
Remove funds provided in FY 2009 to construct a campground and trail at the Berry College Wildlife Management Area.
Replace state funds with other funds in Game Management.
Return select Wildlife Management Areas to federal management and reduce select leased acreage as a result of nearby state land acquisitions. (Total Funds: $978,508)
Eliminate 10 vacant conservation ranger positions.
Reduce state funds for equipment and utilize existing other funds to purchase communications equipment for law enforcement.
Amount appropriated in this Act

($1,743,896) ($1,389,786)

($1,743,896) ($1,389,786)

($68,000) ($20,000) ($450,000) ($269,107)
($98,407) ($47,896) ($25,000)
($538,163) ($391,403)

($68,000) ($20,000) ($450,000) ($269,107)
($98,407) ($47,896) ($25,000)
($538,163) ($978,508)

($528,960) ($300,000)

($528,960) ($300,000)

$31,658,713

$62,852,394

The following appropriations are for agencies attached for administrative purposes.

THURSDAY, FEBRUARY 26, 2009

933

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

$1,520,516

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,520,516

State General Funds

$1,520,516

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,802,507

$1,802,507

Defer state employees' salary increases effective January 1, 2009.

($25,535)

($25,535)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($46,861)

($46,861)

Provide for an additional reduction to operations.

($15,297)

($15,297)

Reduce state funds for operating expenses.

($169,298)

($169,298)

Remove funds provided in FY 2009 to assist the Laurens County Agriculture and Exposition Center.

($25,000)

($25,000)

Amount appropriated in this Act

$1,520,516

$1,520,516

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

$928,106

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$928,106

934

JOURNAL OF THE HOUSE

State General Funds

$928,106

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 (HB990)

$1,124,176

$1,124,176

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$3,909

$3,909

Defer state employees' salary increases effective January 1, 2009.

($8,168)

($8,168)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($73,592)

($73,592)

Provide for an additional reduction to operations.

($9,426)

($9,426)

Reduce state funds for operating expenses.

($108,793)

($108,793)

Amount appropriated in this Act

$928,106

$928,106

32.13. Payments to Lake Allatoona Preservation Authority

Purpose: Provide operating funds for and to the Lake Allatoona Preservation Authority.

Total Funds

$93,060

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$93,060

State General Funds

$93,060

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 (HB990)

$100,000

$100,000

THURSDAY, FEBRUARY 26, 2009

935

Provide for an additional reduction to operations. Reduce state funds for operating expenses. Amount appropriated in this Act

($940)
($6,000) $93,060

($940)
($6,000) $93,060

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

$331,420

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$331,420

State General Funds

$331,420

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$371,964

$371,964

Provide for an additional reduction to operations.

($3,348)

($3,348)

Reduce funds for operating expenses.

($37,196)

($37,196)

Amount appropriated in this Act

$331,420

$331,420

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

$52,094,005 $806,050 $806,050 $0
$51,287,955 $51,287,955
$0

33.1. Administration Purpose: Provide administrative support for the agency.
Total Funds

$5,930,570

936

JOURNAL OF THE HOUSE

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$5,930,570

State General Funds

$5,930,570

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 (HB990)

$6,337,655

$6,337,655

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$105,491

$105,491

Defer state employees' salary increases effective January 1, 2009.

($41,490)

($41,490)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($210,918)

($210,918)

Reduce contracts for the Research, Evaluation and Technology (RET) unit ($40,000).

($40,000)

($40,000)

Reduce computer charges.

($16,841)

($16,841)

Reduce regular operating expenses.

($75,000)

($75,000)

Eliminate 1 position in Human Resources.

($74,682)

($74,682)

Reduce contract funds for the Training Unit.

($30,000)

($30,000)

Reduce personal services funding through a 2-day agency-wide furlough.

($23,645)

($23,645)

Amount appropriated in this Act

$5,930,570

$5,930,570

33.2. Clemency

Purpose: Investigate offenders upon entry to the corrections system, and make determinations about offender eligibility for parole.

Total Funds

$10,218,927

Federal Funds and Grants

$0

Other Funds

$0

THURSDAY, FEBRUARY 26, 2009

937

State Funds

$10,218,927

State General Funds

$10,218,927

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 (HB990)

$11,247,418

$11,247,418

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$26,128

$26,128

Defer state employees' salary increases effective January 1, 2009.

($120,940)

($120,940)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($612,121)

($612,121)

Defer funding for parole officer training and reduce the cost of operations agency-wide.

($21,858)

($21,858)

Eliminate 3 positions in the Records Processing unit and 2 positions in the Investigations unit.

($138,000)

($138,000)

Reduce funding for central office travel.

($17,425)

($17,425)

Reduce personal services funding through a 2-day agency-wide furlough.

($73,275)

($73,275)

Reduce personal services funding.

($71,000)

($71,000)

Amount appropriated in this Act

$10,218,927

$10,218,927

33.3. Parole Supervision

Purpose: Transition offenders from prison into the community as productive, lawabiding citizens.

Total Funds

$35,522,532

Federal Funds and Grants

$806,050

Federal Funds Not Specifically Identified

$806,050

Other Funds

$0

State Funds

$34,716,482

938

JOURNAL OF THE HOUSE

State General Funds

$34,716,482

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$40,293,558

$41,099,608

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$142,506

$142,506

Defer state employees' salary increases effective January 1, 2009.

($1,675,142) ($1,675,142)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,932,046) ($1,932,046)

Defer funding for parole officer training, and reduce the cost of operations agency-wide.

($184,328)

($184,328)

Reduce personal services funding through a 2-day agency-wide furlough.

($221,930)

($221,930)

Eliminate 20 vacant parole officer positions.

($884,321)

($884,321)

Reduce operating expenditures for the Atlanta Parole Reporting Center.

($92,415)

($92,415)

Reduce funds for central office travel in support of developing partnerships with the faith-based community, victim's day programs, and visitor's day programs.

($8,400)

($8,400)

Eliminate the Residential Substance Abuse Treatment program.

($721,000)

($721,000)

Amount appropriated in this Act

$34,716,482

$35,522,532

33.4. Victims Services

Purpose: Provide notification to victims of changes in offender status or placement, conduct outreach and information gathering from victims during clemency proceedings, and act as a liaison for victims to the state corrections system.

Total Funds

$421,976

Federal Funds and Grants

$0

THURSDAY, FEBRUARY 26, 2009

939

Other Funds

$0

State Funds

$421,976

State General Funds

$421,976

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$560,959

$560,959

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,986

$2,986

Defer state employees' salary increases effective January 1, 2009.

($5,135)

($5,135)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($24,667)

($24,667)

Reduce personal services funding through a 2-day agency-wide furlough.

($2,782)

($2,782)

Reduce funding for central office travel.

($4,000)

($4,000)

Realize efficiencies in private partner agreements.

($60,000)

($60,000)

Eliminate 1 business operations position.

($45,385)

($45,385)

Amount appropriated in this Act

$421,976

$421,976

Section 34: Personnel Administration, State Total Funds Intra-State Government Transfers
Other Intra-State Government Payments

$12,395,691 $12,395,691 $12,395,691

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.

940

JOURNAL OF THE HOUSE

34.1. Administration

Purpose: Provide administrative and technical support to the agency.

Total Funds

$2,878,849

Intra-State Government Transfers

$2,878,849

Other Intra-State Government Payments

$2,878,849

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$4,393,910

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$0

$0

Submit payment to State Treasury ($1,398,877).

$0 ($1,398,877)

Defer state employees' salary increases effective January 1, 2009 (Other Funds: $116,184).

$0

($116,184)

Amount appropriated in this Act

$0

$2,878,849

34.2. Recruitment and Staffing Services

Purpose: Provide a central point of contact for the general public seeking employment with the State.

Total Funds

$1,280,769

Intra-State Government Transfers

$1,280,769

Other Intra-State Government Payments

$1,280,769

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$1,293,708

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$0

$0

Defer state employees' salary increases effective January 1, 2009 (Other Funds: $12,939).

$0

($12,939)

Amount appropriated in this Act

$0

$1,280,769

THURSDAY, FEBRUARY 26, 2009

941

34.3. Total Compensation and Rewards

Purpose: Ensure fair and consistent employee compensation practices across state agencies.

Total Funds

$4,360,390

Intra-State Government Transfers

$4,360,390

Other Intra-State Government Payments

$4,360,390

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$4,387,668

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$0

$0

Defer state employees' salary increases effective January 1, 2009 (Other Funds: $27,278).

$0

($27,278)

Amount appropriated in this Act

$0

$4,360,390

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

$3,875,683

Intra-State Government Transfers

$3,875,683

Other Intra-State Government Payments

$3,875,683

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$3,913,484

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$0

$0

Defer state employees' salary increases effective January 1, 2009 (Other Funds: $37,801).

$0

($37,801)

Amount appropriated in this Act

$0

$3,875,683

942

JOURNAL OF THE HOUSE

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

Other Funds

$417,295

Other Funds - Not Specifically Identified

$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

Other Funds

$620,444

Other Funds - Not Specifically Identified

$620,444

The following appropriations are for agencies attached for administrative purposes.

35.3. Payments to Georgia Building Authority

Purpose: 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

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

Amount from prior Appropriation Act (HB990)
Furlough staff with salaries greater than $40,000 for 10 days (Other Funds: ($217,606).)
Reduce operating expenses and telecommunications costs (Other Funds: ($161,494).)
Realize efficiencies in Capitol Hill security contract based on staffing analysis, building closures, and a reduction in equipment purchases (Other Funds: ($750,387).)
Reduce contracts for temporary labor, in access control systems, and other miscellaneous contracts (Other Funds: ($208,277).)
Reduce custodial contracts through the elimination of 2 cleaning days per week in state buildings, and transfer cleaning services at specific facilities to GBA staff (Other Funds: ($749,445).)
Reduce central energy plant usage and utility costs through the use of automated controls, increasing standard thermostat settings, and limited HVAC usage at closed or vacant facilities (Other Funds: ($815,704).)
Close the Capitol Education Center and realize savings through a reduction in utilities and the elimination of 1 position (Other Funds: ($111,579).)
Redistribute savings from agency reductions to capital projects for security access and control (Other Funds: $3,014,492).
Amount appropriated in this Act

State Funds $0 $0 $0 $0 $0 $0
$0
$0 $0 $0

Section 36: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funds

943 Total Funds
$0 ($217,606) ($161,494) ($750,387)
($208,277)
($749,445)
($815,704)
($111,579)
$3,014,492 $0
$37,110,269 $0
$1,700,000

944

JOURNAL OF THE HOUSE

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

$1,700,000 $35,410,269 $35,410,269
$0

36.1. Public Defenders

Purpose: 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 O.C.G.A. 17-12-2.

Total Funds

$29,479,618

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$29,479,618

State General Funds

$29,479,618

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 (HB990)

$33,283,389

$33,283,389

Defer state employees' salary increases effective January 1, 2009.

($342,099)

($342,099)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,764,334) ($1,764,334)

Provide for an additional reduction to operations.

$0

$0

Reduce 6 opt-out circuit budgets to match agency-wide reductions.

($211,266)

($211,266)

Reduce funding for personal services to reflect actual expenditures.

($250,000)

($250,000)

Reduce funding for operating expenses through individual circuit reductions.

($682,750)

($682,750)

Reduce personal services by freezing 2 positions in the conflict offices ($127,822)

($243,322)

($243,322)

THURSDAY, FEBRUARY 26, 2009

945

and reduce operating expenses through the consolidation of 4 conflict offices into circuit offices ($115,500).
Reduce contracts for appellate cases based on anticipated demand.
To reduce funds received in HB 990 (FY 09) for conflict cases to reflect the actual number of pending conflict cases.
Provide funding to offset delayed local billings.
Amount appropriated in this Act

($60,000) ($1,250,000)

($60,000) ($1,250,000)

$1,000,000 $29,479,618

$1,000,000 $29,479,618

36.2. Public Defenders Standards Council

Purpose: Fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office.

Total Funds

$7,630,651

Federal Funds and Grants

$0

Other Funds

$1,700,000

Agency Funds

$1,700,000

State Funds

$5,930,651

State General Funds

$5,930,651

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,156,568

$8,856,568

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,373

$1,373

Defer state employees' salary increases effective January 1, 2009.

($75,437)

($75,437)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($196,037)

($196,037)

946

JOURNAL OF THE HOUSE

Provide for an additional reduction to operations.
Reduce funding for personal services ($304,996) and operating expenses ($400,820).
Reduce funding for training, except for 3 mandatory training classes for public defenders.
Amount appropriated in this Act

($50,000) ($705,816) ($200,000) $5,930,651

($50,000) ($705,816) ($200,000) $7,630,651

Section 37: Public Safety, Department of Total Funds Federal Funds and Grants
Federal Highway Administration Highway Planning & Construction 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

$164,531,329 $28,604,501
$250,000
$28,354,501 $11,123,307 $1,017,000 $10,106,307 $117,299,650 $117,299,650
$7,503,871 $7,503,871

37.1. Administration

Purpose: Work cooperatively with all levels of government to provide a safe environment for residents and visitors.

Total Funds

$8,237,726

Federal Funds and Grants

$15,571

Federal Funds Not Specifically Identified

$15,571

Other Funds

$0

State Funds

$8,222,155

State General Funds

$8,222,155

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

947

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Defer filling 3 vacant administrative positions.
Assign 5 security officers to vacant positions in the Capitol Police program.
Amount appropriated in this Act

State Funds $9,023,817
$24,148

Total Funds $9,039,388
$24,148

($85,071) ($445,098)

($85,071) ($445,098)

($148,011) ($147,630) $8,222,155

($148,011) ($147,630) $8,237,726

37.2. Aviation

Purpose: Provide air support to the Georgia State Patrol and other state, federal and local agencies, thereby improving public safety for the citizens of Georgia.

Total Funds

$3,304,414

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

$2,734,414

State General Funds

$2,734,414

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 (HB990)

$2,843,588

$3,413,588

Reflect allocation of telecommunication expenses resulting from the GAIT

$10,919

$10,919

948

JOURNAL OF THE HOUSE

Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Amount appropriated in this Act

($19,270) ($100,823)

($19,270) ($100,823)

$2,734,414

$3,304,414

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

Intra-State Government Transfers

$7,503,871

Other Intra-State Government Payments

$7,503,871

37.4. Executive Security Services

Purpose: Provide facility security for the Governor's Mansion, 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

$1,402,643

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,402,643

State General Funds

$1,402,643

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 (HB990)

$1,511,025

$1,511,025

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$966

$966

Defer state employees' salary increases effective January 1, 2009.

($17,546)

($17,546)

THURSDAY, FEBRUARY 26, 2009

949

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Amount appropriated in this Act

($91,802)

($91,802)

$1,402,643

$1,402,643

37.5. Field Offices and Services

Purpose: Reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws.

Total Funds

$82,306,594

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

$77,935,878

State General Funds

$77,935,878

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$90,670,897

$95,041,613

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$131,561

$131,561

Defer state employees' salary increases effective January 1, 2009.

($737,243)

($737,243)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($3,857,305) ($3,857,305)

Reduce operating expenses agency-wide by changing the uniform replacement policy and reducing travel, training, and supply purchases.

($1,338,246) ($1,338,246)

950

JOURNAL OF THE HOUSE

Defer purchase of replacement vehicles.
Assign 22 troopers to the Capitol Police program by utilizing Georgia Building Authority rental revenue, and through a reduction in the private security contract.
Utilize 40 troopers in the Motor Carrier Compliance Division to provide increased commercial vehicle speed and compliance enforcement.
Reflect savings from the attrition of 33 cadets in 86th Trooper School including vehicle purchases.
Temporarily freeze trooper promotions resulting from attrition among officer ranks of corporal through captain.
Recognize savings from the implementation of consolidated communication centers through the use of computer-aided dispatch technology.
Utilize citation revenue to cover operational expenses of 10 additional troopers assigned to the Atlanta motorcycle unit.
Reduce funding for vacant trooper positions.
Amount appropriated in this Act

($554,986) ($891,336)

($554,986) ($891,336)

($1,728,359) ($1,728,359)

($2,629,011) ($2,629,011)

($89,605)

($89,605)

($443,000)

($443,000)

($65,000)

($65,000)

($532,489) $77,935,878

($532,489) $82,306,594

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

$19,972,695

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

$6,912,325

State General Funds

$6,912,325

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

951

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce operating expenses agency-wide by changing the uniform replacement policy and reducing travel, training, and supply purchases.
Amount appropriated in this Act

State Funds $8,278,923
$24,180

Total Funds $21,339,293
$24,180

($144,853) ($757,881)

($144,853) ($757,881)

($488,044)

($488,044)

$6,912,325

$19,972,695

37.7. Specialized Collision Reconstruction Team

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

$2,925,083

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,925,083

State General Funds

$2,925,083

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,106,754

$3,106,754

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$966

$966

952

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Amount appropriated in this Act

($29,306) ($153,331)

($29,306) ($153,331)

$2,925,083

$2,925,083

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

$2,338,986

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,338,986

State General Funds

$2,338,986

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,595,107

$2,595,107

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$724

$724

Defer state employees' salary increases effective January 1, 2009.

($29,669)

($29,669)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($155,230)

($155,230)

Defer filling 3 vacant administrative positions.

($71,946)

($71,946)

Amount appropriated in this Act

$2,338,986

$2,338,986

THURSDAY, FEBRUARY 26, 2009

953

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 Georgia citizens, and establish professional standards for fire service training including consulting, testing, and certification of Georgia firefighters.

Total Funds

$736,575

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$736,575

State General Funds

$736,575

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$857,156

$857,156

Defer state employees' salary increases effective January 1, 2009.

($7,728)

($7,728)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($39,814)

($39,814)

Provide for an additional reduction to operations.

($7,468)

($7,468)

Reduce per diem and fees for instructors.

($65,571)

($65,571)

Amount appropriated in this Act

$736,575

$736,575

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

$17,766,075

Federal Funds and Grants

$17,233,729

954

JOURNAL OF THE HOUSE

Federal Highway Administration Highway Planning & Construction

$250,000

Federal Funds Not Specifically Identified

$16,983,729

Other Funds

$0

State Funds

$532,346

State General Funds

$532,346

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$623,503

$17,857,232

Defer state employees' salary increases effective January 1, 2009.

($2,009)

($2,009)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($22,170)

($22,170)

Provide for an additional reduction to operations.

($5,391)

($5,391)

Defer filling 1 vacant administration manager position.

($61,587)

($61,587)

Amount appropriated in this Act

$532,346

$17,766,075

37.11. Peace Officers Standards and Training Council

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 and/or illegal conduct is made, and sanction these individuals by disciplining officers and public safety professionals when necessary.

Total Funds

$2,519,266

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,519,266

State General Funds

$2,519,266

THURSDAY, FEBRUARY 26, 2009

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 (HB990)

$2,910,146

$2,910,146

Defer state employees' salary increases effective January 1, 2009.

($19,369)

($19,369)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($99,437)

($99,437)

Provide for an additional reduction to operations.

($25,516)

($25,516)

Reduce operating expenses agency-wide.

($69,244)

($69,244)

Eliminate 1 vacant audit position ($38,475), and realize savings from attrition ($28,812).

($67,287)

($67,287)

Reduce contracts with the Georgia Sheriffs' Association and the Georgia Association of Chiefs of Police.

($110,027)

($110,027)

Amount appropriated in this Act

$2,519,266

$2,519,266

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

$15,517,401

Federal Funds and Grants

$1,486,742

Federal Funds Not Specifically Identified

$1,486,742

Other Funds

$2,990,680

Agency Funds

$1,017,000

Other Funds - Not Specifically Identified

$1,973,680

State Funds

$11,039,979

State General Funds

$11,039,979

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

956

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce operating expenses agency-wide.
Realize a savings in food services due to cancellation of classes for state agencies.
Reduce the contract with the Association of Fire Chiefs.
Reduce per diem available for instructors in the Fire Academy.
Postpone availability of public safety diver and smoke diver specialty courses.
Discontinue free meals for state agencies receiving training.
Reduce contracts with the Fulton, Clayton, and North Central Regional Police Academies.
Amount appropriated in this Act

State Funds $12,839,435
($163,339) ($559,304)
($111,903) ($391,286) ($314,704)
($8,500) ($14,870) ($12,820) ($141,144) ($81,586)
$11,039,979

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

Total Funds $17,316,857
($163,339) ($559,304)
($111,903) ($391,286) ($314,704)
($8,500) ($14,870) ($12,820) ($141,144) ($81,586)
$15,517,401
$9,596,071 $600,000 $600,000 $70,000 $70,000
$8,926,071 $8,926,071
$0

THURSDAY, FEBRUARY 26, 2009

957

38.1. Administration

Purpose: Assist the Commissioners and staff in achieving the agency's goals.

Total Funds

$1,273,711

Federal Funds and Grants

$0

Other Funds

$70,000

Other Funds - Not Specifically Identified

$70,000

State Funds

$1,203,711

State General Funds

$1,203,711

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,282,864

$1,352,864

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,950

$1,950

Defer state employees' salary increases effective January 1, 2009.

($13,782)

($13,782)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($67,321)

($67,321)

Amount appropriated in this Act

$1,203,711

$1,273,711

38.2. Facilities Protection

Purpose: Provide for the protection of the buried utility facility infrastructure within the State of Georgia.

Total Funds

$1,385,343

Federal Funds and Grants

$600,000

Federal Funds Not Specifically Identified

$600,000

Other Funds

$0

State Funds

$785,343

State General Funds

$785,343

Intra-State Government Transfers

$0

958

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 (HB990)

$867,604

$1,467,604

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,607

$1,607

Defer state employees' salary increases effective January 1, 2009.

($8,541)

($8,541)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($65,327)

($65,327)

Reduce funds from costs for Georgia Utility Facility Protection Act (GUFPA)enforcement cases to reflect projected expenditures.

($10,000)

($10,000)

Amount appropriated in this Act

$785,343

$1,385,343

38.3. Utilities Regulation

Purpose: Regulate intrastate telecommunications, natural gas, and electric utilities.

Total Funds

$6,937,017

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$6,937,017

State General Funds

$6,937,017

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 (HB990)

$8,197,541

$8,197,541

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$6,006

$6,006

THURSDAY, FEBRUARY 26, 2009

959

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce operating expenses.
Reduce funds in personal services for co-op and temporary positions.
Reduce contract funds for subject matter experts for rate cases.
Amount appropriated in this Act

($77,195) ($366,034)

($77,195) ($366,034)

($90,609) ($226,692) ($306,000) ($200,000) $6,937,017

($90,609) ($226,692) ($306,000) ($200,000) $6,937,017

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

$5,195,065,311 $0
$3,133,126,388 $1,614,697,904 $1,513,828,236
$4,600,248 $2,061,938,923
$16,205,466 $2,045,733,457
$0

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

$24,624,536

Federal Funds and Grants

$0

Other Funds

$12,975,000

Agency Funds

$12,975,000

State Funds

$11,649,536

960

JOURNAL OF THE HOUSE

State General Funds

$11,649,536

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$17,891,736

$30,866,736

Provide for an additional reduction to operations.

($117,672)

($117,672)

Reduce employer match for health insurance from 75% to 70%.

($35,278)

($35,278)

Eliminate 3 filled positions ($239,138) and 5 vacant positions ($325,346) and reduce general operating expenses ($524,766).

($1,089,250) ($1,089,250)

Reduce funding for the seed capital fund.

($5,000,000) ($5,000,000)

Amount appropriated in this Act

$11,649,536

$24,624,536

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

$78,554,924

Federal Funds and Grants

$0

Other Funds

$37,552,919

Agency Funds

$15,552,919

Research Funds

$22,000,000

State Funds

$41,002,005

State General Funds

$41,002,005

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$45,245,958

$82,798,877

Provide for an additional reduction to operations.

($414,162)

($414,162)

Reduce employer match for health insurance from 75% to 70%.

($210,114)

($210,114)

THURSDAY, FEBRUARY 26, 2009

961

Eliminate support and research staff vacancies, and reduce operating and M&O expenses.
Eliminate support and research staff vacancies, and reduce operating and M&O expenses.
Eliminate support and research staff vacancies, and reduce operating and M&O expenses.
Amount appropriated in this Act

($1,266,887) ($1,266,887)

($723,935)

($723,935)

($1,628,855) ($1,628,855)

$41,002,005

$78,554,924

39.3. Athens/Tifton Vet 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

Other Funds

$4,944,522

Research Funds

$4,944,522

State Funds

$32,323

State General Funds

$32,323

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

$59,648,679

Federal Funds and Grants

$0

Other Funds

$25,083,929

Agency Funds

$12,083,929

Research Funds

$13,000,000

State Funds

$34,564,750

State General Funds

$34,564,750

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$37,835,396

$62,919,325

962

JOURNAL OF THE HOUSE

Provide for an additional reduction to operations.
Reduce employer match for health insurance from 75% to 70%.
Eliminate extension agent, staff and research vacancies, and reduce operating and M&O expenses.
Eliminate extension agent, staff and research vacancies, and reduce operating and M&O expenses.
Eliminate extension agent, staff and research vacancies, and reduce operating and M&O expenses.
Amount appropriated in this Act

($349,139) ($250,268) ($1,059,725)

($349,139) ($250,268) ($1,059,725)

($841,541)

($841,541)

($769,973)

($769,973)

$34,564,750

$59,648,679

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

$1,034,007

Federal Funds and Grants

$0

Other Funds

$400,000

Research Funds

$375,988

Other Funds - Not Specifically Identified

$24,012

State Funds

$634,007

State General Funds

$634,007

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 (HB990)

$715,890

$1,115,890

Provide for an additional reduction to operations.

($6,404)

($6,404)

Reduce employer match for health insurance from 75% to 70%.

($3,890)

($3,890)

Eliminate 1 vacant position ($65,811) and reduce general operating expenses ($5,778).

($71,589)

($71,589)

Amount appropriated in this Act

$634,007

$1,034,007

THURSDAY, FEBRUARY 26, 2009

963

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

$7,028,593

Federal Funds and Grants

$0

Other Funds

$3,950,426

Research Funds

$3,000,000

Other Funds - Not Specifically Identified

$950,426

State Funds

$3,078,167

State General Funds

$3,078,167

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,410,980

$7,361,406

Provide for an additional reduction to operations.

($31,093)

($31,093)

Reduce employer match for health insurance from 75% to 70%.

($18,504)

($18,504)

Eliminate 3 vacant positions ($159,696) and reduce general operating expenses ($123,520).

($283,216)

($283,216)

Amount appropriated in this Act

$3,078,167

$7,028,593

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

State Funds

$1,500,000

State General Funds

$1,500,000

39.8. Georgia Radiation Therapy Center Purpose: Provide patient care and education.

964

JOURNAL OF THE HOUSE

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

$156,196,166

Federal Funds and Grants

$0

Other Funds

$148,917,958

Research Funds

$148,917,958

State Funds

$7,278,208

State General Funds

$7,278,208

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,052,902 $156,970,860

Provide for an additional reduction to operations.

($72,204)

($72,204)

Reduce employer match for health insurance from 75% to 70%.

($188,258)

($188,258)

Represents reduction in program research and development activities affecting staffing and operating levels.

($494,126)

($494,126)

Represents reduction in program research and development activities affecting staffing and operating levels.

($150,106)

($150,106)

Provide funding for the Workplace Safety Technology research program for poultry processing industry.

$130,000

$130,000

Amount appropriated in this Act

$7,278,208 $156,196,166

39.10. Marine Institute
Purpose: Understand the processes that affect the condition of the salt marsh and coastline.

THURSDAY, FEBRUARY 26, 2009

965

Total Funds

$1,384,778

Federal Funds and Grants

$0

Other Funds

$482,948

Agency Funds

$115,300

Research Funds

$367,648

State Funds

$901,830

State General Funds

$901,830

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$994,601

$1,429,882

Provide for an additional reduction to operations.

($9,109)

($9,109)

Reduce employer match for health insurance from 75% to 70%.

($4,094)

($4,094)

Eliminate 4 vacant positions ($26,401), reduce general operating expenses ($5,500), and realize savings from an increase in facility fees ($47,667).

($79,568)

($79,568)

Increase facility fees (Other Funds: $47,667).

$0

$47,667

Amount appropriated in this Act

$901,830

$1,384,778

39.11. Marine Extension Services

Purpose: Transfer technology, provide training, and conduct applied research.

Total Funds

$2,805,983

Federal Funds and Grants

$0

Other Funds

$1,345,529

Agency Funds

$745,529

Research Funds

$600,000

State Funds

$1,460,454

State General Funds

$1,460,454

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

966

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Provide for an additional reduction to operations.
Reduce employer match for health insurance from 75% to 70%.
Eliminate 2 filled positions ($97,701) and reduce general operating expenses ($49,166).
Amount appropriated in this Act

State Funds $1,628,349
($14,752) ($6,276) ($146,867) $1,460,454

Total Funds $2,973,878
($14,752) ($6,276)
($146,867) $2,805,983

39.12. Medical College of Georgia Hospital and Clinics Purpose: Care, teach, and refer clients.
Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$33,921,721 $0 $0
$33,921,721 $33,921,721
$0

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

$822,287

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$822,287

State General Funds

$822,287

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 (HB990)

$906,390

$906,390

Provide for an additional reduction to operations.

($8,306)

($8,306)

THURSDAY, FEBRUARY 26, 2009

967

Reduce employer match for health insurance from 75% to 70%. Reduce general operating expenses. Amount appropriated in this Act

($3,286)
($72,511) $822,287

($3,286)
($72,511) $822,287

39.14. Public Libraries

Purpose: Provide library services for Georgians and to award grants from the Public Library Fund.

Total Funds

$42,072,423

Federal Funds and Grants

$0

Other Funds

$4,522,400

Agency Funds

$4,522,400

State Funds

$37,550,023

State General Funds

$37,550,023

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$41,748,655

$46,271,055

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($958,064)

($958,064)

Provide for an additional reduction to operations.

($377,179)

($377,179)

Reduce employer match for health insurance from 75% to 70%.

($3,104)

($3,104)

Reduce program operations ($667,242) and the public library state grant ($2,672,650).

($350,000)

($350,000)

Reduce program operations ($667,242) and the public library state grant ($2,672,650).

($317,242)

($317,242)

Reduce program operations ($667,242) and the public library state grant ($2,672,650).

($2,193,043) ($2,193,043)

Amount appropriated in this Act

$37,550,023

$42,072,423

968

JOURNAL OF THE HOUSE

39.15. Public Service/Special Funding Initiatives

Purpose: Provide leadership, service, and education.

Total Funds

$47,126,383

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$47,126,383

Tobacco Funds

$5,000,000

State General Funds

$42,126,383

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 (HB990)

$52,665,927

$52,665,927

Provide for an additional reduction to operations.

($425,519)

($425,519)

Reduce personal services ($2,305,558) and general operating expenses ($2,461,037).

($4,766,595) ($4,766,595)

Reduce funding for the Washington Center for Internships ($45,000), Oxford Study Abroad Program ($75,000), ICAPP health to collect data on nursing educators ($27,430), and Kennesaw State University Disadvantaged Youth Program ($200,000).

($347,430)

($347,430)

Amount appropriated in this Act

$47,126,383

$47,126,383

39.16. Regents Central Office

Purpose: Provide administrative support to all colleges and universities in the university system.

Total Funds

$7,066,498

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,066,498

State General Funds

$7,066,498

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

969

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases effective January 1, 2009.
Provide for an additional reduction to operations.
Reduce employer match for health insurance from 75% to 70%.
Reduce the number of slots for students studying optometry and begin a four-year phase out of slots for students studying osteopathic medicine in payments to the Southern Regional Education Board (SREB).
Reduce personal services ($337,446) and general operating expenses ($337,445).
Amount appropriated in this Act

State Funds $7,981,264
($74,640) ($146,141) ($19,094)
$0

Total Funds $7,981,264
($74,640) ($146,141) ($19,094)
$0

($674,891) $7,066,498

($674,891) $7,066,498

39.17. Research Consortium

Purpose: Conduct research to further industry in the State of Georgia.

Total Funds

$27,465,596

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$27,465,596

Tobacco Funds

$750,000

State General Funds

$26,715,596

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$32,183,995

$32,183,995

Provide for an additional reduction to operations.

$0

$0

Reduce general operating expenses for Advanced Communications ($1,085,373), the Bio-Refinery ($40,000), and the Georgia Environmental Partnership ($71,162).

($1,196,535) ($1,196,535)

970

JOURNAL OF THE HOUSE

Reduce funding for Vaccine Initiative Collaboration grants ($1,000,000) and Technology Partnership grants ($710,413) in the Georgia Research Alliance program.
Utilize existing funds within the Georgia Research Alliance Eminent Scholar Endowment Trust Fund for Eminent Scholars.
Reduce funding for ongoing research projects in the Traditional Industries Program.
Amount appropriated in this Act

($1,710,413) ($1,710,413)

($1,500,000) ($1,500,000)

($311,451) $27,465,596

($311,451) $27,465,596

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

$6,194,443

Federal Funds and Grants

$0

Other Funds

$4,645,000

Agency Funds

$1,145,000

Research Funds

$3,500,000

State Funds

$1,549,443

State General Funds

$1,549,443

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 (HB990)

$1,756,972

$6,401,972

Provide for an additional reduction to operations.

($15,651)

($15,651)

Reduce employer match for health insurance from 75% to 70%.

($16,181)

($16,181)

Eliminate 1 filled position ($50,000) and 1 vacant position ($32,530), reduce new and replacement research equipment purchases ($70,279), and cap the match for the indemnity health insurance plan at the rate of the PPO plan ($22,888).

($175,697)

($175,697)

THURSDAY, FEBRUARY 26, 2009

971

Amount appropriated in this Act

$1,549,443

$6,194,443

39.19. Student Education Enrichment Program

Purpose: Provide underrepresented Georgia residents the opportunity to acquire educational experiences.

Total Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$322,377

$322,377

Eliminate the Student Education Enrichment Program.

($322,377)

($322,377)

Amount appropriated in this Act

$0

$0

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

$4,646,523,278

Federal Funds and Grants

$0

Other Funds

$2,875,057,996

Agency Funds

$1,557,935,876

Research Funds

$1,317,122,120

State Funds

$1,771,465,282

State General Funds

$1,771,465,282

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,970,307,554 $4,845,365,550

Provide for an additional reduction to operations.

($17,981,411) ($17,981,411)

Reduce personal services and operating expenses for the Public Service Institutes.

($1,415,344) ($1,415,344)

972

JOURNAL OF THE HOUSE

Reduce personal services and operating expenses in the Resident Instruction program.
Reduce funding for GTREP Tidal Power Study ($20,000), Braille College Text Materials ($300,000), Cyber Crime and Homeland Security Facility at Armstrong Atlantic ($63,900), Collegiate Sports Program for Students with Disabilities ($773,080), Darton College-Cordele Roof Repair ($75,000), Georgia Southern IT Program ($1,218,946), Georgia State University Salary Survey ($28,300), and UGA Griffin Campus-Infrastructure ($800,000).
Amount appropriated in this Act

($176,775,764) ($176,775,764) ($2,669,753) ($2,669,753)
$1,771,465,282 $4,646,523,278

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

$3,128,143

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,128,143

State General Funds

$3,128,143

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,504,264

$3,504,264

Provide for an additional reduction to operations.

($31,597)

($31,597)

Reduce employer match for health insurance from 75% to 70%.

($17,155)

($17,155)

Eliminate 6 vacant positions ($121,557) and reduce funding for research projects ($205,812).

($327,369)

($327,369)

Amount appropriated in this Act

$3,128,143

$3,128,143

THURSDAY, FEBRUARY 26, 2009

973

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

$10,108,565

Federal Funds and Grants

$0

Other Funds

$9,621,951

Agency Funds

$9,621,951

State Funds

$486,614

State General Funds

$486,614

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 (HB990)

$568,339

$10,190,290

Provide for an additional reduction to operations.

($4,915)

($4,915)

Reduce employer match for health insurance from 75% to 70%.

($19,976)

($19,976)

Eliminate 2 vacant positions.

($56,834)

($56,834)

Amount appropriated in this Act

$486,614

$10,108,565

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

$10,455,466

State Funds

$10,455,466

Tobacco Funds

$10,455,466

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$16,087,799

$16,087,799

Reduce funds for coalition operations.

($87,000)

($87,000)

974

JOURNAL OF THE HOUSE

Eliminate funds for the Quality Information Exchange.
Reduce funds to capture Quality Information Exchange reserve fund balance.
Amount appropriated in this Act

($4,283,333) ($1,262,000) $10,455,466

($4,283,333) ($1,262,000) $10,455,466

39.24. Payments to Georgia Military College

Purpose: Provide quality basic education funding for grades six through 12.

Total Funds

$2,636,371

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,636,371

State General Funds

$2,636,371

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,062,916

$3,062,916

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($94,326)

($94,326)

Provide for an additional reduction to operations.

($26,899)

($26,899)

Reduce personal services in the Prep School ($204,308) and the Junior College ($101,012).

($305,320)

($305,320)

Amount appropriated in this Act

$2,636,371

$2,636,371

39.25. 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

$16,163,816

Federal Funds and Grants

$0

Other Funds

$0

THURSDAY, FEBRUARY 26, 2009

975

State Funds

$16,163,816

State General Funds

$16,163,816

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$18,191,543

$18,191,543

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$69,981

$69,981

Defer state employees' salary increases effective January 1, 2009.

($102,859)

($102,859)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($530,577)

($530,577)

Provide for an additional reduction to operations.

($163,734)

($163,734)

Reduce personal services and operating expenses.

($1,300,538) ($1,300,538)

Amount appropriated in this Act

$16,163,816

$16,163,816

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

$568,520,312 $397,422 $397,422
$22,244,548 $12,110,135 $10,134,413 $545,878,342
$150,000 $545,728,342
$0

976

JOURNAL OF THE HOUSE

40.1. Administration

Purpose: 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

$4,077,544

Federal Funds and Grants

$0

Other Funds

$375,000

Other Funds - Not Specifically Identified

$375,000

State Funds

$3,702,544

State General Funds

$3,702,544

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,155,944

$4,530,944

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,808

$2,808

Defer state employees' salary increases effective January 1, 2009.

($36,247)

($36,247)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($184,896)

($184,896)

Reduce personal services costs through an 8day agency-wide furlough.

($106,447)

($106,447)

Realize operational efficiencies.

($35,000)

($35,000)

Eliminate 1 vacant position.

($93,618)

($93,618)

Amount appropriated in this Act

$3,702,544

$4,077,544

40.2. Customer Service

Purpose: Assure all state revenue collection activities proceed in a manner consistent with promoting voluntary compliance and the Taxpayer Bill of Rights.

Total Funds

$12,283,791

Federal Funds and Grants

$0

Other Funds

$2,110,135

THURSDAY, FEBRUARY 26, 2009

977

Agency Funds

$2,110,135

State Funds

$10,173,656

State General Funds

$10,173,656

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 (HB990)

$11,464,238

$13,574,373

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,597

$4,597

Defer state employees' salary increases effective January 1, 2009.

($102,182)

($102,182)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($521,230)

($521,230)

Realize operational efficiencies.

($150,000)

($150,000)

Eliminate 1 vacant position.

($326,100)

($326,100)

Reduce personal services costs through an 8day agency-wide furlough.

($195,667)

($195,667)

Amount appropriated in this Act

$10,173,656

$12,283,791

40.3. Homeowners Tax Relief Grants (HTRG)

Purpose: 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

978

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 (HB990)

$428,290,501 $428,290,501

Eliminate funds for Homeowner Tax Relief Grants.

$0

$0

Amount appropriated in this Act

$428,290,501 $428,290,501

40.4. Industry Regulation

Purpose: Provide regulation of the distribution, sale, and consumption of alcoholic beverages and tobacco products, and ensure all coin-operated amusement machines are properly licensed and decaled.

Total Funds

$4,711,884

Federal Funds and Grants

$187,422

Federal Funds Not Specifically Identified

$187,422

Other Funds

$0

State Funds

$4,524,462

Tobacco Funds

$150,000

State General Funds

$4,374,462

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 (HB990)

$4,969,234

$5,156,656

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,309

$11,309

Defer state employees' salary increases effective January 1, 2009.

($40,232)

($40,232)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($205,220)

($205,220)

THURSDAY, FEBRUARY 26, 2009

979

Reduce regular operating expenses agencywide including funding for motor vehicle purchases.
Reduce personal services costs through an 8day agency-wide furlough.
Amount appropriated in this Act

($99,110)
($111,519) $4,524,462

($99,110)
($111,519) $4,711,884

40.5. Local Tax Officials Retirement and FICA

Purpose: Provide state retirement benefits and employers' share of FICA to local tax officials and their staffs.

Total Funds

$5,990,030

State Funds

$5,990,030

State General Funds

$5,990,030

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,149,163

$5,149,163

Add funds to pay the employer portion of retirement benefits for local tax officials.

$840,867

$840,867

Amount appropriated in this Act

$5,990,030

$5,990,030

40.6. Revenue Processing

Purpose: Ensure all tax payments are received, credited, and deposited according to sound business practices and the law, and ensure all tax returns are reviewed and recorded to accurately update taxpayer information.

Total Funds

$38,529,934

Federal Funds and Grants

$0

Other Funds

$426,769

Other Funds - Not Specifically Identified

$426,769

State Funds

$38,103,165

State General Funds

$38,103,165

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

980

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contractual services for internal information technology projects.
Eliminate 9 vacant positions.
Reduce personal services costs through an 8day agency-wide furlough.
Reduce the temporary labor force and associated operating costs as a result of eliminating two shifts.
Amount appropriated in this Act

State Funds $42,190,866
$136,089

Total Funds $42,617,635
$136,089

($254,794) ($1,299,705)

($254,794) ($1,299,705)

($184,509)
($84,782) $0
($2,400,000)

($184,509)
($84,782) $0
($2,400,000)

$38,103,165

$38,529,934

40.7. Salvage Inspection

Purpose: Inspect rebuilt salvage vehicles.

Total Funds

$1,469,728

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,469,728

State General Funds

$1,469,728

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 (HB990)

$1,704,133

$1,704,133

THURSDAY, FEBRUARY 26, 2009

981

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Realize operational efficiencies.
Reduce personal services costs through an 8day agency-wide furlough.
Amount appropriated in this Act

($15,501) ($79,071)

($15,501) ($79,071)

($100,000) ($39,833)
$1,469,728

($100,000) ($39,833)
$1,469,728

40.8. State Board of Equalization

Purpose: Examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions, and reasonably uniform with the values set on other classes of property throughout the state.

Total Funds

$5,000

State Funds

$5,000

State General Funds

$5,000

40.9. Tag and Title Registration

Purpose: Establish motor vehicle ownership.

Total Funds

$24,088,548

Federal Funds and Grants

$0

Other Funds

$3,695,700

Other Funds - Not Specifically Identified

$3,695,700

State Funds

$20,392,848

State General Funds

$20,392,848

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$23,449,239

$27,144,939

Reflect allocation of telecommunication expenses resulting from the GAIT

$119,100

$119,100

982

JOURNAL OF THE HOUSE

Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Realize operational efficiencies.
Eliminate 4 vacant and 4 filled positions.
Reduce personal services costs through an 8day agency-wide furlough.
Defer non-mandated supply purchases and services for counties associated with tag and title registration.
Eliminate funding for 17 hourly and 14 temporary labor positions.
Realize operational efficiencies by relying on one statutorily required notice to inform vehicle owners who are non-compliant with insurance requirements.
Amount appropriated in this Act

($119,194) ($608,012)

($119,194) ($608,012)

($90,000) ($448,000) ($326,785) ($393,000)
($785,500) ($405,000)

($90,000) ($448,000) ($326,785) ($393,000)
($785,500) ($405,000)

$20,392,848

$24,088,548

40.10. Tax Compliance

Purpose: Ensure all taxpayers pay the correct amount of taxes owed under the law.

Total Funds

$49,073,352

Federal Funds and Grants

$210,000

Federal Funds Not Specifically Identified

$210,000

Other Funds

$15,636,944

Agency Funds

$10,000,000

Other Funds - Not Specifically Identified

$5,636,944

State Funds

$33,226,408

State General Funds

$33,226,408

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contractual services for internal information technology projects.
Realize operational efficiencies.
Eliminate 5 vacant and 2 filled positions.
Reduce personal services costs through an 8day agency-wide furlough.
Reduce out-of-state travel expenses for auditors.
Delay hiring 3 vacant compliance auditor positions added in FY 2009 until January 1, 2009.
Amount appropriated in this Act

State Funds $36,119,723
$2,143
($296,060) ($1,510,206)
($202,668) ($99,999) ($339,375)
$0 ($300,000) ($147,150)
$33,226,408

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

983
Total Funds $51,966,667
$2,143
($296,060) ($1,510,206)
($202,668) ($99,999) ($339,375)
$0 ($300,000) ($147,150)
$49,073,352
$36,058,398 $0
$2,439,894 $435,771
$2,004,123 $33,618,504 $33,618,504
$0

984

JOURNAL OF THE HOUSE

41.1. Administration Services

Purpose: Provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$6,909,745

Federal Funds and Grants

$0

Other Funds

$127,578

Other Funds - Not Specifically Identified

$127,578

State Funds

$6,782,167

State General Funds

$6,782,167

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,452,027

$8,579,605

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$128

$128

Defer state employees' salary increases effective January 1, 2009.

($88,686)

($88,686)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($414,835)

($414,835)

Provide for an additional reduction to operations.

($186,570)

($186,570)

Reduce personal services ($301,156), eliminate 3 positions in the Administration subprogram ($660,395), and reduce funding for temporary positions ($13,346).

($974,897)

($974,897)

Reduce funding for the Martin Luther King, Jr. holiday celebration based on prior year expenditures.

($5,000)

($5,000)

Amount appropriated in this Act

$6,782,167

$6,909,745

THURSDAY, FEBRUARY 26, 2009

985

41.2. Archives

Purpose: Assist state agencies in adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center.

Total Funds

$5,738,622

Federal Funds and Grants

$0

Other Funds

$532,671

Records Center Storage Fee

$435,771

Other Funds - Not Specifically Identified

$96,900

State Funds

$5,205,951

State General Funds

$5,205,951

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 (HB990)

$6,363,415

$6,896,086

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$70

$70

Defer state employees' salary increases effective January 1, 2009.

($38,824)

($38,824)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($184,002)

($184,002)

Provide for an additional reduction to operations.

($200,000)

($200,000)

Eliminate 19 positions to reflect reorganization.

($522,783)

($522,783)

Reduce program-wide operating expenses based on streamlined service delivery.

($211,925)

($211,925)

Amount appropriated in this Act

$5,205,951

$5,738,622

41.3. Capitol Tours Purpose: Provide guided informational tours of the Capitol.

986

JOURNAL OF THE HOUSE

Total Funds

$159,922

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$159,922

State General Funds

$159,922

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$168,558

$168,558

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$3

$3

Defer state employees' salary increases effective January 1, 2009.

($1,596)

($1,596)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($7,043)

($7,043)

Amount appropriated in this Act

$159,922

$159,922

41.4. Corporations

Purpose: Accept and review findings made pursuant to statutes; issue certifications of records on file; and, provide information to the public on all filed entities.

Total Funds

$1,832,777

Federal Funds and Grants

$0

Other Funds

$739,512

Other Funds - Not Specifically Identified

$739,512

State Funds

$1,093,265

State General Funds

$1,093,265

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

$1,339,523

$2,079,035

THURSDAY, FEBRUARY 26, 2009

987

(HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Amount appropriated in this Act

$50
($19,261) ($97,047)

$50
($19,261) ($97,047)

($130,000) $1,093,265

($130,000) $1,832,777

41.5. Elections

Purpose: Administer all duties imposed upon the Secretary of State by providing all required filing and public information services, performing all certification and commissioning duties required by law and assisting candidates, local governments, and citizens in interpreting and complying with all election, voter registration and financial disclosure laws.

Total Funds

$5,902,127

Federal Funds and Grants

$0

Other Funds

$340,133

Other Funds - Not Specifically Identified

$340,133

State Funds

$5,561,994

State General Funds

$5,561,994

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,029,562

$6,369,695

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$671

$671

Defer state employees' salary increases effective January 1, 2009.

($20,845)

($20,845)

988

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Realize savings from the consolidation of mail routes ($3,000), utilization of existing supply of voter registration applications ($20,600), and publication of the Official Directory of Elected Officials online ($25,000).
Reduce funds for contracts.
Amount appropriated in this Act

($98,794)

($98,794)

$0 ($48,600)

$0 ($48,600)

($300,000) $5,561,994

($300,000) $5,902,127

41.6. Professional Licensing Boards

Purpose: Protect the public health and welfare by supporting all operations of Boards which license professions.

Total Funds

$7,645,208

Federal Funds and Grants

$0

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$7,495,208

State General Funds

$7,495,208

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,755,732

$8,905,732

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$129

$129

Defer state employees' salary increases effective January 1, 2009.

($74,484)

($74,484)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to

($353,256)

($353,256)

THURSDAY, FEBRUARY 26, 2009

989

1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Eliminate 18 filled positions and reduce funding for 6 vacant positions.
Reduce operating expenses related to per diem and fees for exam proctors ($53,000) and contractual services as related to direct exam expenses ($29,000).
Amount appropriated in this Act

($750,913) ($82,000)

($750,913) ($82,000)

$7,495,208

$7,645,208

41.7. Securities

Purpose: Provide for registration, compliance, and enforcement of the provisions of the Georgia Codes, and provide information to the public regarding subjects of such codes.

Total Funds

$1,563,361

Federal Funds and Grants

$0

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$1,513,361

State General Funds

$1,513,361

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 (HB990)

$1,862,983

$1,912,983

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$17

$17

Defer state employees' salary increases effective January 1, 2009.

($22,507)

($22,507)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($106,669)

($106,669)

990

JOURNAL OF THE HOUSE

Provide for an additional reduction to operations. Reduce funding for 3 vacant positions. Amount appropriated in this Act

($15,000)
($205,463) $1,513,361

($15,000)
($205,463) $1,563,361

The following appropriations are for agencies attached for administrative purposes.

41.8. Georgia Commission on the Holocaust

Purpose: Teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the enormity of the crimes of prejudice and inhumanity.

Total Funds

$309,385

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$309,385

State General Funds

$309,385

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$364,819

$364,819

Defer state employees' salary increases effective January 1, 2009.

($3,173)

($3,173)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($17,946)

($17,946)

Provide for an additional reduction to operations.

$0

$0

Reduce personal services for part-time exhibit coordinators.

($20,000)

($20,000)

Reduce consulting fees for teacher training provided state-wide.

($6,815)

($6,815)

THURSDAY, FEBRUARY 26, 2009

991

Reduce travel agency-wide. Amount appropriated in this Act

($7,500) $309,385

($7,500) $309,385

41.9. 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

$1,301,681

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,301,681

State General Funds

$1,301,681

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 (HB990)

$1,713,440

$1,713,440

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$3,435

$3,435

Defer state employees' salary increases effective January 1, 2009.

($54,627)

($54,627)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($87,674)

($87,674)

Provide for an additional reduction to operations.

($13,209)

($13,209)

Defer pay raise for compliance investigators funded in FY 2009.

($175,000)

($175,000)

Defer filling 2 vacant compliance investigator positions and reduce personal services agency-wide.

($84,684)

($84,684)

Amount appropriated in this Act

$1,301,681

$1,301,681

992

JOURNAL OF THE HOUSE

41.10. 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

$3,202,253

Federal Funds and Grants

$0

Other Funds

$500,000

Other Funds - Not Specifically Identified

$500,000

State Funds

$2,702,253

State General Funds

$2,702,253

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,671,540

$3,671,540

Defer state employees' salary increases effective January 1, 2009.

($29,332)

($29,332)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($127,696)

($127,696)

Provide for an additional reduction to operations.

$0

$0

Eliminate 1 vacant investigator position ($50,000) and 1 vacant investigative support position ($20,000), and fill 2 investigator positions for only 6 months ($50,000).

($120,000)

($120,000)

Remove funding for the Home Inspectors Licensing Board funded in FY 2009 due to the veto of enabling legislation.

($130,000)

($130,000)

Reduce motor vehicle purchases.

($18,000)

($18,000)

Realize telecommunications savings.

($16,259)

($16,259)

Eliminate the use of printed transcripts for Commission meetings, and increase the frequency of teleconference meetings.

($16,000)

($16,000)

THURSDAY, FEBRUARY 26, 2009

993

Reduce the frequency of administrative hearings by 1 administrative hearing per month for 6 months.
Replace state funds with other funds.
Amount appropriated in this Act

($12,000)
($500,000) $2,702,253

($12,000)
$0 $3,202,253

41.11. State Ethics Commission

Purpose: Protect the integrity of the democratic process, and ensure compliance by candidates, public officials, non-candidate campaign committees, lobbyists, and vendors with Georgia's Campaign and Financial Disclosure requirements.

Total Funds

$1,493,317

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,493,317

State General Funds

$1,493,317

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,782,791

$1,782,791

Defer state employees' salary increases effective January 1, 2009.

($17,719)

($17,719)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($87,342)

($87,342)

Provide for an additional reduction to operations.

($15,145)

($15,145)

Reduce funding for personal services through a combination furloughs, attrition, and reductions in force agency-wide.

($76,788)

($76,788)

Reduce the purchase of new and replacement computer software and equipment.

($42,000)

($42,000)

Reduce funding for travel, training, and supplies and materials.

($41,980)

($41,980)

994

JOURNAL OF THE HOUSE

Eliminate funding for the purchase of court reporting services, hearing transcripts, and other contractual services.
Amount appropriated in this Act

($8,500) $1,493,317

($8,500) $1,493,317

Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$8,515,993 $1,717,500 $1,717,500 $2,631,971 $2,631,971 $2,946,901 $2,946,901 $1,219,621 $1,219,621

42.1. Administration

Purpose: Protect, conserve, and improve the soil and water resources of the State of Georgia.

Total Funds

$669,638

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$669,638

State General Funds

$669,638

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 (HB990)

$744,561

$744,561

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,187

$2,187

Defer state employees' salary increases effective January 1, 2009.

($10,768)

($10,768)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to

($36,483)

($36,483)

THURSDAY, FEBRUARY 26, 2009

995

1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Amount appropriated in this Act

($29,859) $669,638

($29,859) $669,638

42.2. Conservation of Agricultural Water Supplies

Purpose: Conserve the use of Georgia's ground and surface water by agricultural water users.

Total Funds

$4,218,643

Federal Funds and Grants

$1,465,000

Federal Funds Not Specifically Identified

$1,465,000

Other Funds

$2,351,971

Agency Funds

$2,351,971

State Funds

$401,672

State General Funds

$401,672

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 (HB990)

$322,300

$4,139,271

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$968

$968

Defer state employees' salary increases effective January 1, 2009.

($6,014)

($6,014)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($15,582)

($15,582)

Redirect funds from Water Resources and Land Use Planning to the Conservation of Agricultural Water Supplies program for essential repairs and maintenance to the

$100,000

$100,000

996

JOURNAL OF THE HOUSE

Dawson field office. Amount appropriated in this Act

$401,672

$4,218,643

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

$3,242,680

Federal Funds and Grants

$252,500

Federal Funds Not Specifically Identified

$252,500

Other Funds

$280,000

Agency Funds

$280,000

State Funds

$1,490,559

State General Funds

$1,490,559

Intra-State Government Transfers

$1,219,621

Other Intra-State Government Payments

$1,219,621

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,656,609

$3,408,730

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,123

$2,123

Defer state employees' salary increases effective January 1, 2009.

($43,749)

($43,749)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($78,424)

($78,424)

Replace state funds with other funds in personal services.

($46,000)

($46,000)

Amount appropriated in this Act

$1,490,559

$3,242,680

42.4. USDA Flood Control Watershed Structures
Purpose: Provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

THURSDAY, FEBRUARY 26, 2009

997

Total Funds

$97,755

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$97,755

State General Funds

$97,755

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 (HB990)

$98,810

$98,810

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$37

$37

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,092)

($1,092)

Amount appropriated in this Act

$97,755

$97,755

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

$287,277

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$287,277

State General Funds

$287,277

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 (HB990)

$750,559

$750,559

Reflect allocation of telecommunication expenses resulting from the GAIT

$18

$18

998

JOURNAL OF THE HOUSE

Outsourcing Project.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contract funds.
Reduce funds in personal services.
Redirect funds from Water Resources and Land Use Planning program to the Conservation of Agricultural Water Supplies program for essential repairs and maintenance to the Dawson field office.
Amount appropriated in this Act

($300)

($300)

($343,000) ($20,000) ($100,000)

($343,000) ($20,000) ($100,000)

$287,277

$287,277

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

$588,868,218 $520,653 $520,653
$12,472,493 $12,472,493 $575,875,072 $547,017,317 $28,857,755
$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

$4,500,000

State Funds

$4,500,000

Lottery Funds

$4,500,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act

$4,200,000

$4,200,000

THURSDAY, FEBRUARY 26, 2009

999

(HB990) Increase Accel to meet the projected need. Amount appropriated in this Act

$300,000 $4,500,000

$300,000 $4,500,000

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

State Funds

$710,000

Lottery Funds

$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

$1,329,200

Other Funds

$400,000

Other Funds - Not Specifically Identified

$400,000

State Funds

$929,200

State General Funds

$929,200

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,629,200

$2,029,200

Reduce the Governor's Scholarship Program to meet the projected need.

($700,000)

($700,000)

Amount appropriated in this Act

$929,200

$1,329,200

1000

JOURNAL OF THE HOUSE

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

$3,184,883

State Funds

$3,184,883

State General Funds

$3,184,883

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,599,883

$3,599,883

Reduce Guaranteed Educational Loans to meet the projected need.

($415,000)

($415,000)

Amount appropriated in this Act

$3,184,883

$3,184,883

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 spouses and children of such members.

Total Funds

$798,000

Other Funds

$718,000

Other Funds - Not Specifically Identified

$718,000

State Funds

$80,000

State General Funds

$80,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$200,000

$918,000

Reduce the HERO Scholarship to meet the projected need.

($120,000)

($120,000)

Amount appropriated in this Act

$80,000

$798,000

43.7. HOPE Administration Purpose: None
Total Funds Other Funds

$5,757,231 $500,000

THURSDAY, FEBRUARY 26, 2009

1001

Other Funds - Not Specifically Identified

$500,000

State Funds

$5,257,231

Lottery Funds

$5,257,231

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,488,608

$5,988,608

Defer state employees' salary increases effective January 1, 2009.

($60,332)

($60,332)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($171,045)

($171,045)

Amount appropriated in this Act

$5,257,231

$5,757,231

43.8. HOPE GED

Purpose: Award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia.

Total Funds

$2,356,654

State Funds

$2,356,654

Lottery Funds

$2,356,654

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,461,614

$2,461,614

Decrease HOPE GED to meet the projected need.

($104,960)

($104,960)

Amount appropriated in this Act

$2,356,654

$2,356,654

43.9. HOPE Grant

Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution.

Total Funds

$123,816,042

State Funds

$123,816,042

1002

JOURNAL OF THE HOUSE

Lottery Funds

$123,816,042

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$113,251,243 $113,251,243

Increase the HOPE Grant to meet the projected need.

$10,564,799

$10,564,799

Amount appropriated in this Act

$123,816,042 $123,816,042

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

$42,323,094

State Funds

$42,323,094

Lottery Funds

$42,323,094

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$52,177,437

$52,177,437

Decrease HOPE Scholarships- Private Schools to meet the projected need.

($9,854,343) ($9,854,343)

Amount appropriated in this Act

$42,323,094

$42,323,094

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

$355,381,762

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$355,381,762

Lottery Funds

$355,381,762

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

1003

Amount from prior Appropriation Act (HB990)
Adjust HOPE Scholarships- Public Schools to meet the projected need.
Amount appropriated in this Act

State Funds $354,276,159
$1,105,603
$355,381,762

Total Funds $354,276,159
$1,105,603
$355,381,762

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

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

$1,137,763

State Funds

$1,137,763

State General Funds

$1,137,763

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

1004

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Increase the North Georgia Military Scholarship Grant to meet the projected need.
Amount appropriated in this Act

State Funds $683,951
$453,812
$1,137,763

Total Funds $683,951
$453,812
$1,137,763

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

$535,146

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$535,146

State General Funds

$535,146

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 (HB990)

$507,479

$507,479

Increase grant funding to meet projected need.

$27,667

$27,667

Amount appropriated in this Act

$535,146

$535,146

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

THURSDAY, FEBRUARY 26, 2009

1005

attend a public postsecondary institution in Georgia. Total Funds State Funds Lottery Funds

$255,850 $255,850 $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

$32,101,574

Other Funds

$10,654,493

Other Funds - Not Specifically Identified

$10,654,493

State Funds

$21,447,081

State General Funds

$21,447,081

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$23,311,802

$33,966,295

Reduce the Tuition Equalization Grant to meet the projected need.

($1,864,721) ($1,864,721)

Amount appropriated in this Act

$21,447,081

$32,101,574

The following appropriations are for agencies attached for administrative purposes.

43.20. Nonpublic Post Secondary Education Commission
Purpose: Authorize private postsecondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints.

1006

JOURNAL OF THE HOUSE

Total Funds

$726,014

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$726,014

State General Funds

$726,014

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 (HB990)

$803,910

$803,910

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,498

$1,498

Defer state employees' salary increases effective January 1, 2009.

($8,538)

($8,538)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($43,500)

($43,500)

Provide for an additional reduction to operations.

($7,356)

($7,356)

Reduce operating expenses.

($20,000)

($20,000)

Amount appropriated in this Act

$726,014

$726,014

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

$28,053,277 $0
$448,481 $448,481 $1,368,000 $1,368,000 $26,236,796 $26,236,796

THURSDAY, FEBRUARY 26, 2009

1007

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

$1,368,000

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,368,000

State General Funds

$1,368,000

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 (HB990)

$1,523,000

$1,523,000

Adjust funding for Floor/COLA based on projected lapse.

($155,000)

($155,000)

Amount appropriated in this Act

$1,368,000

$1,368,000

44.2. System Administration

Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing.

Total Funds

$26,685,277

Other Funds

$448,481

Other Funds - Not Specifically Identified

$448,481

Intra-State Government Transfers

$26,236,796

Retirement Payments

$26,236,796

Section 45: Technical College System of Georgia Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds

$571,298,711 $60,500,000 $60,500,000
$190,640,000 $190,600,000

1008

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

$40,000 $319,183,711 $319,183,711
$975,000 $975,000

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

$13,840,494

Federal Funds and Grants

$3,800,000

Federal Funds Not Specifically Identified

$3,800,000

Other Funds

$1,440,000

Agency Funds

$1,400,000

Other Funds - Not Specifically Identified

$40,000

State Funds

$8,600,494

State General Funds

$8,600,494

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$10,213,558

$15,453,558

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($437,025)

($437,025)

Provide for an additional reduction to operations.

($68,478)

($68,478)

Reduce operating expenses.

($204,443)

($204,443)

Reduce personal services.

($903,118)

($903,118)

Amount appropriated in this Act

$8,600,494

$13,840,494

THURSDAY, FEBRUARY 26, 2009

1009

45.2. Adult Literacy

Purpose: Enable every adult learner in Georgia to acquire the necessary basic skillsreading, writing, computation, speaking, and listening - to compete successfully in today's workplace, strengthen family foundations, and exercise full citizenship.

Total Funds

$32,762,328

Federal Funds and Grants

$15,400,000

Federal Funds Not Specifically Identified

$15,400,000

Other Funds

$3,200,000

Agency Funds

$3,200,000

State Funds

$14,162,328

State General Funds

$14,162,328

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$16,297,100

$34,897,100

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($572,988)

($572,988)

Provide for an additional reduction to operations.

($112,690)

($112,690)

Reduce Adult Literacy Grants.

($1,449,094) ($1,449,094)

Amount appropriated in this Act

$14,162,328

$32,762,328

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

$23,946,794

Federal Funds and Grants

$300,000

Federal Funds Not Specifically Identified

$300,000

Other Funds

$8,975,000

Agency Funds

$8,975,000

State Funds

$14,671,794

1010

JOURNAL OF THE HOUSE

State General Funds

$14,671,794

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$16,719,604

$25,994,604

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($323,722)

($323,722)

Provide for an additional reduction to operations.

($116,612)

($116,612)

Reduce funding for Quick Start.

($1,407,476) ($1,407,476)

Eliminate funding for a post-graduate engineering program at Chattahoochee Technical College.

($200,000)

($200,000)

Amount appropriated in this Act

$14,671,794

$23,946,794

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

$500,749,095

Federal Funds and Grants

$41,000,000

Federal Funds Not Specifically Identified

$41,000,000

Other Funds

$177,025,000

Agency Funds

$177,025,000

State Funds

$281,749,095

State General Funds

$281,749,095

Intra-State Government Transfers

$975,000

Other Intra-State Government Payments

$975,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, FEBRUARY 26, 2009

1011

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce personal services ($8,872,677) and operating expenses ($17,658,391) formula funding for the technical colleges.
Reduce funding for the Regents Program.
Reduce funding for Career Academies.
Recognize early savings from the consolidations of 14 colleges.
Amount appropriated in this Act

State Funds $327,744,745
$572,024

Total Funds $546,744,745
$572,024

($16,470,966) ($16,470,966)

($2,244,572) ($26,531,068)

($2,244,572) ($26,531,068)

($296,068) ($1,000,000)
($25,000)
$281,749,095

($296,068) ($1,000,000)
($25,000)
$500,749,095

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 Motor Fuel Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$2,141,528,568 $1,269,017,438
$1,242,517,438
$26,500,000 $5,999,308 $5,999,308
$865,093,794 $840,809,092
$24,284,702 $1,418,028 $1,418,028

1012

JOURNAL OF THE HOUSE

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 system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. 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

$58,561,624

Federal Funds and Grants

$10,839,823

Federal Highway Administration Highway Planning & Construction

$10,839,823

Other Funds

$898,970

Agency Funds

$898,970

THURSDAY, FEBRUARY 26, 2009

1013

State Funds

$46,822,831

Motor Fuel Funds

$46,434,722

State General Funds

$388,109

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$68,478,140

$80,216,933

Defer state employees' salary increases effective January 1, 2009.

($848,330)

($848,330)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($2,814,916) ($2,814,916)

Provide for an additional reduction to operations.

($250,728)

($250,728)

Reduce funds for motor vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($50,999)

($50,999)

Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($5,165,502) ($5,165,502)

Reduce contract funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($5,421,038) ($5,421,038)

Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($4,978,054) ($4,978,054)

Eliminate 1 vacant position and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($21,607)

($21,607)

1014

JOURNAL OF THE HOUSE

Reduce operating expenses and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce personal services and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Amount appropriated in this Act

($385,001)

($385,001)

($1,719,134) ($1,719,134)

$46,822,831

$58,561,624

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

$3,100,239

Federal Funds and Grants

$0

Other Funds

$275,000

Agency Funds

$275,000

State Funds

$2,167,444

State General Funds

$2,167,444

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 (HB990)

$2,310,310

$3,243,105

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$6,069

$6,069

Defer state employees' salary increases effective January 1, 2009.

($52,046)

($52,046)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($96,889)

($96,889)

Amount appropriated in this Act

$2,167,444

$3,100,239

THURSDAY, FEBRUARY 26, 2009

1015

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

$19,543,415

Federal Funds and Grants

$6,500,000

Federal Funds Not Specifically Identified

$6,500,000

Other Funds

$0

State Funds

$13,043,415

State General Funds

$13,043,415

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 (HB990)

$16,455,457

$22,955,457

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,469

$4,469

Defer state employees' salary increases effective January 1, 2009.

($3,866)

($3,866)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($30,787)

($30,787)

Reduce funds for pavement maintenance projects.

($1,731,858) ($1,731,858)

Reduce funds for maintenance.

($1,500,000) ($1,500,000)

Reduce personal service costs to reflect projected expenditures.

($150,000)

($150,000)

Amount appropriated in this Act

$13,043,415

$19,543,415

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

$10,477,785

1016

JOURNAL OF THE HOUSE

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

$2,145,271

Motor Fuel Funds

$1,072,557

State General Funds

$1,072,714

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,665,832

$12,998,346

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$266,972

$266,972

Defer state employees' salary increases effective January 1, 2009.

($110,676)

($110,676)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($320,029)

($320,029)

Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($29,893)

($29,893)

Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($1,598,055) ($1,598,055)

Reduce operating expenses and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($216,102)

($216,102)

Eliminate 15 vacant positions and transfer funds to the State Highway System Construction and Improvement program for

($458,678)

($458,678)

THURSDAY, FEBRUARY 26, 2009

1017

Capital Outlay projects. Reduce regular operating expenses. Amount appropriated in this Act

($54,100) $2,145,271

($54,100) $10,477,785

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

$169,607,945

Federal Funds and Grants

$69,658,670

Federal Highway Administration Highway Planning & Construction

$69,658,670

State Funds

$99,354,042

Motor Fuel Funds

$99,354,042

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 (HB990)

$156,700,606 $226,954,509

Defer state employees' salary increases effective January 1, 2009.

($398,564)

($398,564)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,538,960) ($1,538,960)

Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($95,660)

($95,660)

Reduce funds for motor vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($109,000)

($109,000)

Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for

($14,921,095) ($14,921,095)

1018

JOURNAL OF THE HOUSE

Capital Outlay projects.
Reduce funds for Local Road Assistance and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce funds for Off System funding and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce funds for Most Needed and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce operating expenses and transfer funds to the State Highway Construction and Improvement program for Capital Outlay projects.
Reduce contract funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce funds in personal services and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Amount appropriated in this Act

($20,247,427) ($20,247,427)

($11,000,000) ($11,000,000)

($6,600,000) ($6,600,000)

($1,050,009) ($1,050,009)

($633,104)

($633,104)

($752,745)

($752,745)

$99,354,042 $169,607,945

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

$73,530,353

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$73,530,353

Motor Fuel Funds

$73,530,353

Intra-State Government Transfers

$0

THURSDAY, FEBRUARY 26, 2009

1019

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$94,249,786

$94,249,786

Reflect debt service requirements for the State Road and Tollway Authority.

$12,380,567

$12,380,567

Reduce funds received in HB 990 (FY09G) for the State Transportation Infrastructure Bank ($28,100,000) and the Community Improvement District (CID) Congestion Relief Fund ($5,000,000) and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($33,100,000) ($33,100,000)

Amount appropriated in this Act

$73,530,353

$73,530,353

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

$739,793

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$739,793

State General Funds

$739,793

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,528,887

$1,528,887

Defer state employees' salary increases effective January 1, 2009.

($2,211)

($2,211)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($11,868)

($11,868)

1020

JOURNAL OF THE HOUSE

Reduce funds related to the condemnation lawsuit.
Reduce funds for the remainder of FY09 and contract with the Georgia Ports Authority for dike and harbor maintenance and mosquito control.
Amount appropriated in this Act

($275,015) ($500,000)

($275,015) ($500,000)

$739,793

$739,793

46.8. Rail

Purpose: Oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects.

Total Funds

$347,647

Federal Funds and Grants

$0

Other Funds

$88,239

Agency Funds

$88,239

State Funds

$259,408

State General Funds

$259,408

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$303,647

$391,886

Defer state employees' salary increases effective January 1, 2009.

($4,060)

($4,060)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($16,119)

($16,119)

Reduce operating expenses.

($24,060)

($24,060)

Amount appropriated in this Act

$259,408

$347,647

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.

THURSDAY, FEBRUARY 26, 2009

1021

Total Funds

$1,395,952,621

Federal Funds and Grants

$964,973,294

Federal Highway Administration Highway Planning & Construction

$964,973,294

Other Funds

$0

State Funds

$430,814,327

Motor Fuel Funds

$430,814,327

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 (HB990)

$284,919,481 $1,250,057,775

Reduce contract funds.

($7,246,144) ($7,246,144)

Reduce operating expenses.

($1,492,510) ($1,492,510)

Reduce state matching funds.

($72,043,759) ($72,043,759)

Reduce funds for Most Needed systems.

($4,400,000) ($4,400,000)

Transfer funds for capital outlay projects from the Administration program ($21,404,581), Data Collection, Compliance and Reporting program ($2,692,220), Local Road Assistance program ($57,346,564), State Highway System Maintenance program ($12,356,057), and State Highway System Operations program ($18,995,424) to the State Highway Construction and Improvement program.

$145,894,846 $145,894,846

Reduce personal services.

($2,856,698) ($2,856,698)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009.

($4,862,238) ($4,862,238)

Increase funds for capital outlay projects.

$92,901,349

$92,901,349

Amount appropriated in this Act

$430,814,327 $1,395,952,621

46.10. State Highway System Maintenance Purpose: Coordinate all statewide maintenance activities.

1022

JOURNAL OF THE HOUSE

Total Funds

$335,854,324

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

$182,106,870

Motor Fuel Funds

$182,106,870

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$192,591,918 $346,339,372

Defer state employees' salary increases effective January 1, 2009.

($2,156,203) ($2,156,203)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($6,377,117) ($6,377,117)

Reduce contract funds.

($643,447)

($643,447)

Reduce funds in personal services.

($4,497,928) ($4,497,928)

Reduce operating expenses.

($5,988,477) ($5,988,477)

Reduce state matching funds.

($38,356,709) ($38,356,709)

Eliminate funds for motor vehicle purchases.

($1,207,751) ($1,207,751)

Reduce funds for the state forces 107 program and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($4,000,000) ($4,000,000)

Eliminate 126 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($3,814,180) ($3,814,180)

Reduce funds for equipment purchases.

($96,813)

($96,813)

Increase funds for capital outlay projects.

$61,195,454

$61,195,454

Reduce funds for equipment purchases and

($4,541,877) ($4,541,877)

THURSDAY, FEBRUARY 26, 2009

1023

transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Amount appropriated in this Act

$182,106,870 $335,854,324

46.11. State Highway System Operations

Purpose: Ensure a safe and efficient transportation system statewide through traffic engineering and traffic management.

Total Funds

$47,193,003

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

$7,496,221

Motor Fuel Funds

$7,496,221

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$26,491,645

$66,188,427

Defer state employees' salary increases effective January 1, 2009.

($455,128)

($455,128)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,591,211) ($1,591,211)

Eliminate 127 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($3,847,971) ($3,847,971)

Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($261,571)

($261,571)

Reduce funds for motor vehicle purchases and transfer funds to the State Highway

($131,000)

($131,000)

1024

JOURNAL OF THE HOUSE

System Construction and Improvement program for Capital Outlay projects.
Reduce operating expenses and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce personal services and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects..
Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Amount appropriated in this Act

($3,212,825) ($3,212,825)

($999,157)

($999,157)

($8,496,561) ($8,496,561)

$7,496,221

$47,193,003

46.12. Transit

Purpose: Preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems.

Total Funds

$26,619,819

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

$6,613,819

State General Funds

$6,613,819

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 (HB990)

$7,520,854

$27,526,854

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$18,989

$18,989

Defer state employees' salary increases effective January 1, 2009.

($8,403)

($8,403)

THURSDAY, FEBRUARY 26, 2009

1025

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds for bus replacement.
Amount appropriated in this Act

($41,807)

($41,807)

($875,814) $6,613,819

($875,814) $26,619,819

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

$41,682,650 $18,875,370 $18,875,370
$0 $22,807,280 $22,807,280
$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

$1,194,904

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,194,904

State General Funds

$1,194,904

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 (HB990)

$850,660

$850,660

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,086

$4,086

Defer state employees' salary increases effective January 1, 2009.

($6,361)

($6,361)

1026

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Delay hiring 4 positions added in FY 2009.
Transfer state funds from the veterans benefit program to the administration program to align budget with anticipated expenditures.
Amount appropriated in this Act

($40,339)

($40,339)

($113,142) $500,000
$1,194,904

($113,142) $500,000
$1,194,904

47.2. Georgia Veterans Memorial Cemetery

Purpose: Provide for the interment of eligible Georgia veterans who served faithfully and honorably in the military service of our country.

Total Funds

$572,159

Federal Funds and Grants

$35,700

Federal Funds Not Specifically Identified

$35,700

Other Funds

$0

State Funds

$536,459

State General Funds

$536,459

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 (HB990)

$570,702

$606,402

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$173

$173

Defer state employees' salary increases effective January 1, 2009.

($4,294)

($4,294)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($30,122)

($30,122)

Amount appropriated in this Act

$536,459

$572,159

THURSDAY, FEBRUARY 26, 2009

1027

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

$11,290,562

Federal Funds and Grants

$5,534,646

Federal Funds Not Specifically Identified

$5,534,646

State Funds

$5,755,916

State General Funds

$5,755,916

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,129,026

$11,950,582

Decrease payments to the Medical College of Georgia for operating the Georgia War Veterans' Nursing Home in Augusta (Total Funds: $660,020).

($373,110)

($660,020)

Amount appropriated in this Act

$5,755,916

$11,290,562

47.4. Georgia War Veterans Nursing Home - Milledgeville

Purpose: Provide skilled nursing care to aged and infirmed Georgia war veterans.

Total Funds

$18,834,154

Federal Funds and Grants

$8,681,584

Federal Funds Not Specifically Identified

$8,681,584

State Funds

$10,152,570

State General Funds

$10,152,570

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$11,502,288

$21,161,872

Close the independent living unit of the Georgia War Veterans' Home in Milledgeville effective December 1, 2008 (Total Funds: $2,327,718).

($1,349,718) ($2,327,718)

Amount appropriated in this Act

$10,152,570

$18,834,154

1028

JOURNAL OF THE HOUSE

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

$9,790,871

Federal Funds and Grants

$4,623,440

Federal Funds Not Specifically Identified

$4,623,440

Other Funds

$0

State Funds

$5,167,431

State General Funds

$5,167,431

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,648,993

$11,272,433

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,986

$4,986

Defer state employees' salary increases effective January 1, 2009.

($68,862)

($68,862)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($338,254)

($338,254)

Transfer state funds from the veteran's benefit program to the administration program to align budget with anticipated expenditures.

($500,000)

($500,000)

Reduce new information technology funding provided in FY 2009.

($300,000)

($300,000)

Delay hiring 4 new veterans' benefits counselor positions provided for in FY 2009.

($160,000)

($160,000)

Reduce travel associated with itinerant service, annual service officers' school and supermarket of veterans benefits.

($19,432)

($19,432)

THURSDAY, FEBRUARY 26, 2009

1029

Reduce funds for repairs and maintenance to both state veterans' homes.
Amount appropriated in this Act

($100,000) $5,167,431

($100,000) $9,790,871

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

$18,813,644 $0
$200,000 $200,000 $18,613,644 $18,613,644
$0

48.1. Administration

Purpose: Provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective.

Total Funds

$8,216,214

Federal Funds and Grants

$0

Other Funds

$25,000

Agency Funds

$25,000

State Funds

$8,191,214

State General Funds

$8,191,214

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 (HB990)

$6,504,141

$6,529,141

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$143,487

$143,487

Defer state employees' salary increases effective January 1, 2009.

($24,894)

($24,894)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer

($126,723)

($126,723)

1030

JOURNAL OF THE HOUSE

contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Increase payments to the State Treasury from $1,961,807 to $3,657,010.
Amount appropriated in this Act

$1,695,203 $8,191,214

$1,695,203 $8,216,214

48.2. Administer the Workers' Comp Laws

Purpose: Provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law.

Total Funds

$10,597,430

Federal Funds and Grants

$0

Other Funds

$175,000

Agency Funds

$175,000

State Funds

$10,422,430

State General Funds

$10,422,430

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$11,216,053

$11,391,053

Defer state employees' salary increases effective January 1, 2009.

($125,557)

($125,557)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($668,066)

($668,066)

Amount appropriated in this Act

$10,422,430

$10,597,430

Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funds State Funds
Motor Fuel Funds

$969,990,354 $0 $0
$969,990,354 $186,720,776

THURSDAY, FEBRUARY 26, 2009

1031

State General Funds Intra-State Government Transfers

$783,269,578 $0

49.1. GO Bonds Issued

Purpose: Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.

Total Funds

$937,590,407

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$937,590,407

Motor Fuel Funds

$185,824,076

State General Funds

$751,766,331

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 (HB990)

$903,133,634 $903,133,634

Transfer debt service for bonds sold in FY 2009 from New to Issued.

$43,717,691

$43,717,691

Transfer debt service and reflect payments due on bonds issued in FY 2009 from New to Issued.

$0

$0

Reduce Motor Fuel funds to reflect actual needs.

($28,880,567) ($28,880,567)

Transfer debt service for bonds sold in FY 2009 from New to Issued.

$19,642,000

$19,642,000

Transfer debt service and reflect payments due on bonds issued in FY 2009 from New to Issued.

$0

$0

Repeal the balance of $80,000 of the authorization of $2,500,000 in 5-year bonds from FY 2006 (HB 85) for the Georgia Ports Authority for Container Berths 4, 5, and 6 overlay upgrade.

($22,351)

($22,351)

Amount appropriated in this Act

$937,590,407 $937,590,407

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JOURNAL OF THE HOUSE

49.2. GO Bonds New

Purpose: None

Total Funds

$32,399,947

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$32,399,947

Motor Fuel Funds

$896,700

State General Funds

$31,503,247

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 (HB990)

$106,541,379 $106,541,379

Transfer debt service for bonds sold in FY 2009 from New to Issued.

($43,717,691) ($43,717,691)

Transfer debt service and reflect payments due on bonds issued in FY 2009 from New to Issued.

$0

$0

Transfer debt service for bonds sold in FY 2009 from New to Issued.

($19,642,000) ($19,642,000)

Transfer debt service and reflect payments due on bonds issued in FY 2009 from New to Issued.

$0

$0

Reduce debt service to capture savings associated with favorable rates received in the bond sale in February.

($10,781,741) ($10,781,741)

Amount appropriated in this Act

$32,399,947

$32,399,947

Bond Financing Appropriated:
[Bond # 1] 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.
[Bond # 2] From State General Funds, $173,362 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems

THURSDAY, FEBRUARY 26, 2009

1033

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.
[Bond # 3] 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.
[Bond # 4] 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.
[Bond # 5] 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.
[Bond # 6] 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.
[Bond # 7] 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.
[Bond # 8] 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

1034

JOURNAL OF THE HOUSE

System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
[Bond # 9] 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.
[Bond # 10] 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.
[Bond # 11] 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 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.
[Bond # 12] 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.
[Bond # 13] 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

THURSDAY, FEBRUARY 26, 2009

1035

amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 14] 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.
[Bond # 15] 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.
[Bond # 16] 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.
[Bond # 17] 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.
[Bond # 18] 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.

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[Bond # 19] 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.
[Bond # 20] 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.
[Bond # 21] 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.
[Bond # 22] 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.
[Bond # 23] 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.
[Bond # 24] 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

THURSDAY, FEBRUARY 26, 2009

1037

System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 25] 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.
[Bond # 26] 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.
[Bond # 27] 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.
[Bond # 28] 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.
[Bond # 29] 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,

1038

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structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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.
[Bond # 30] 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 sixty months.
[Bond # 31] 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.
[Bond # 32] 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.
[Bond # 33] 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.
[Bond # 34] 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

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amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 35] 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.
[Bond # 36] 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.
[Bond # 37] 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.
[Bond # 38] 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.
[Bond # 39] 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.
[Bond # 40] 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.
[Bond # 41] 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

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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.
[Bond # 42] 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.
[Bond # 43] 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.
[Bond # 44] 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.
[Bond # 45] 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.
[Bond # 46] 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.

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[Bond # 47] 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.
[Bond # 48] 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.
[Bond # 49] 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.
[Bond # 50] 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.
[Bond # 51] 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.
[Bond # 52] From State General Funds, $341,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult

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Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 53] 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.
[Bond # 54] 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.
[Bond # 55] 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.
[Bond # 56] 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.
[Bond # 57] 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,

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structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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, $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 $750,000 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, $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.
[Bond # 60] 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.
[Bond # 61] 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.
[Bond # 62] 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

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JOURNAL OF THE HOUSE

Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 63] 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.
[Bond # 64] 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.
[Bond # 65] 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.
[Bond # 66] 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.
[Bond # 67] 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.

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[Bond # 68] 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.
[Bond # 69] 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.
[Bond # 70] 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.
[Bond # 71] 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.
[Bond # 72] 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.
[Bond # 73] 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

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JOURNAL OF THE HOUSE

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.
[Bond # 74] 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.
[Bond # 75] 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.
[Bond # 76] 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.
[Bond # 77] 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.
[Bond # 78] 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.
[Bond # 79] From State General Funds, $634,949 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice by

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means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
[Bond # 80] 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.
[Bond # 81] 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.
[Bond # 82] 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.
[Bond # 83] 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.
[Bond # 84] 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

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JOURNAL OF THE HOUSE

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.
[Bond # 85] 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.
[Bond # 86] 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.
[Bond # 87] 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.
[Bond # 88] 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.
[Bond # 89] 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.
[Bond # 90] From State General Funds, $453,915 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by

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1049

means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
[Bond # 91] 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.
[Bond # 92] 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.
[Bond # 93] 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.
[Bond # 94] 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.
[Bond # 95] 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.

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[Bond # 96] 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.
[Bond # 97] 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.
[Bond # 98] 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.
[Bond # 99] 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.
[Bond # 100] 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.
[Bond # 101] 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.
[Bond # 102] From State General Funds, $290,787 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by

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means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
[Bond # 103] 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.
[Bond # 104] 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.
[Bond # 105] 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

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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: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 48 of the General Appropriations Act for state fiscal year 2005-2006 (Ga. L. 2005, Volume Two, Book One, pp. 1425, Act No. 396, 2005 Regular Session, H.B. 85), which reads as follows:
"From the appropriation designated "State General Funds (New)", [Bond #43] $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 hereby amended to read as follows:
"From the appropriation designated "State General Funds (New)", [Bond #43] $530,149 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 $2,420,000 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 20072008 (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 appropriated for the purpose of financing projects and facilities for the

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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 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, IntraState 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 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.

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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 118, 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 118 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 E Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp E Sims, B Y Sims, C E Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson

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Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham

Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 168, nays 5.

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

Representative Collins of the 95th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

By unanimous consent, HB 118 was ordered immediately transmitted to the Senate.
Representative Maxwell of the 17th 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 452 Do Pass, by Substitute

Respectfully submitted, /s/ Maxwell of the 17th
Chairman
The following Resolution of the House was read and referred to the Committee on Rules:
HR 531. By Representative Walker of the 107th:
A RESOLUTION congratulating the Loganville Christian Academy varsity boys basketball team on winning the 2009 ICSGA State Championship and inviting them to appear before the House of Representatives; and for other purposes.
Representative Parsons of the 42nd District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:

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Mr. Speaker:

Your Committee on Energy, Utilities, and Telecommunications 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 168 Do Pass HB 302 Do Pass, by Substitute

HB 376 Do Pass, by Substitute HR 32 Do Pass, by Substitute

Respectfully submitted, /s/ Parsons of the 42nd
Chairman

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 10:00 o'clock, A.M., Tuesday March 3, 2009.

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Representative Hall, Atlanta, Georgia

Tuesday, March 3, 2009

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 E Abrams
Allison Amerson Anderson E Ashe Austin Baker Barnard Battles E Beasley-Teague Benton Black Brooks Bruce Bryant E Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman

Collins, D Collins, T Cooper Crawford Davis, H Davis, S Dawkins-Haigler E Dempsey E Dickson Dobbs Dollar Dooley E Drenner Ehrhart England Epps, J Everson Fludd Franklin Frazier Fullerton Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin

Harden, B Harden, M Heard Hembree E Henson Hill, C Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson, T Jones, J E Jones, S Kaiser Keown Knight Lane, B Lane, R Levitas Lindsey Long Loudermilk Maddox, B Maddox, G

Mangham Manning Marin Maxwell May Mayo E McCall McKillip Meadows Mitchell Morgan Morris Mosby Murphy Neal Nix O'Neal E Parham Parrish Parsons Peake Porter Powell, J Reece Reese Rice Roberts Rogers Rynders

Scott, A Scott, M Sellier Shaw Sheldon Sims, B Sims, C E Sinkfield Smith, B Smith, L Smith, R Smith, V Smyre Stephens, M Stephens, R E Stephenson Talton Thomas Thompson 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 Bearden of the 68th, Benfield of the 85th, Cox of the 102nd, Day of the 163rd, Epps of the 128th, Floyd of the 99th, Golick of the 34th, Hatfield of the 177th, Hudson of the 124th, Johnson of the 75th, Jordan of the 77th, Keen of the 179th, Knox of the 24th, Lucas of the 139th, Lunsford of the 110th, Martin of the 47th, Millar of the 79th, Mills of the 25th, Oliver of the 83rd, Powell of the 29th, Pruett of the 144th, Ralston of the 7th, Ramsey of the 72nd, Randall of the 138th, Setzler of the 35th, Shipp of the 58th, Smith of the 168th, Taylor of the 55th, Teilhet of the 40th, and Weldon of the 3rd.

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They wish to be recorded as present.
Prayer was offered by Bishop Eddie Long, New Birth Missionary Baptist Church, Lithonia, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 588. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Broxton, Georgia, located in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, so as to revise the method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 589. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to reincorporate the City of Pearson in the County of Atkinson, approved March 29, 1971 (Ga. L. 1971, p. 2266), as amended, so as to revise the method of filling vacancies; to provide for submission 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.
HB 590. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), as amended, so as to revise the method of filling vacancies; to provide for election dates; to provide for terms of office; to provide for an oath of office; to provide for meetings; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 591. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, so as to revise the provisions for the filling of vacancies in the office of mayor or commission member; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 592. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to provide and establish a new charter for the Town of Nicholls, in the County of Coffee, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to revise the manner of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 593. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to create and incorporate the City of Denton in the County of Jeff Davis and grant a charter to that municipality under that name and style, approved February 28, 1966 (Ga. L. 1966, p. 2352), so as to revise the manner of filling vacancies; to provide for submission 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.
HB 594. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3941), so as to revise the method of filling vacancies; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 595. By Representatives Hill of the 21st, Jerguson of the 22nd and Coan of the 101st:
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 for certain disclosures upon the discovery of a defect relating to certain constructions; to provide for certain disclosures upon a residential contractor completing a fill in connection with certain constructions; to provide a buyer with the ability to inquire into the professional background of a residential contractor; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 596. By Representatives Hill of the 21st, Hamilton of the 23rd, Jerguson of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to authorize the governing authority of the City of Woodstock to levy an excise tax pursuant to subsection (b) of Code

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Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 597. By Representatives Carter of the 159th, England of the 108th, Lane of the 167th and Bryant of the 160th:
A BILL to be entitled an Act to amend Code Section 12-5-135 of the Official Code of Georgia Annotated, relating to bonds and letters of credit for water well contractors or drillers, so as to change certain provisions relating to injection of surface water into the floridan aquifer; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 598. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide a new charter for the City of Lumpkin; 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 599. By Representative Floyd of the 99th:
A BILL to be entitled an Act to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, approved April 7, 1972 (Ga. L. 1972, p. 4058), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 6337), so as to provide for the election of members of the board of education in nonpartisan elections; to provide for submission 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.

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Referred to the Committee on Governmental Affairs.
HB 600. 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 provide for appeals to the superior court by the prosecuting entity in certain criminal and ordinance cases tried in municipal, magistrate, recorders, and probate courts; to provide for an exception for certain appeals; 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 601. By Representatives Lindsey of the 54th, Willard of the 49th, Teilhet of the 40th and Ralston of the 7th:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, so as to provide for the recusal of certain judges under certain circumstances; to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for qualifying dates for nonpartisan elections; to provide for the full disclosure of certain contributions made to judicial races; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 602. By Representatives Reece of the 11th, Glanton of the 76th, Porter of the 143rd, Smyre of the 132nd, Randall of the 138th and others:
A BILL to be entitled an Act to establish the "State Public Safety Monitoring 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 monitoring the state's level of public safety service; to provide a short title; to provide for legislative intent; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.

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HB 603. By Representatives Wilkinson of the 52nd, Lane of the 158th, Hill of the 21st and Lindsey of the 54th:
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 define a term; to change certain provisions relating to taking of nongame species; to regulate the taking, possession, transportation, farming, and selling of fresh-water turtles; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish, & Parks.
HB 604. By Representatives Benfield of the 85th, Stephens of the 164th, Dollar of the 45th, Drenner of the 86th, Harbin of the 118th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, so as to provide for the sale of malt beverages manufactured by the brewer for consumption on the premises and in closed packages in limited quantities for consumption off the premises; to provide for definitions of certain terms; to provide for tasting rooms; to provide for license requirements; to provide for bonds; to provide for the payment of taxes; to authorize certain sales under limited circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HB 606. By Representatives Knox of the 24th, Hatfield of the 177th, Benfield of the 85th, Drenner of the 86th, Dobbs of the 53rd 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 provide for methods for euthanasia of animals; to provide for training of certain persons authorized to euthanize animals; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 607. By Representatives Talton of the 145th, O`Neal of the 146th, Manning of the 32nd, Mills of the 25th, Maxwell of the 17th and others:

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A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Public Safety, so as to change certain provisions relating to the Board of Public Safety; to provide for a member of the Georgia Association of Fire Chiefs to serve as a member of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.
HB 608. By Representatives Weldon of the 3rd, Willard of the 49th, Lane of the 167th, Jacobs of the 80th, Powell of the 171st and others:
A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to time-share projects and programs, so as to provide for definitions; to provide that a time-share estate shall include certain interests; to provide for certain actions when such interests are held in trust; to provide for certain fiduciary requirements to an owners' association; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 609. By Representatives Sinkfield of the 60th, Teilhet of the 40th, Wix of the 33rd, Shipp of the 58th and Brooks of the 63rd:
A BILL to be entitled an Act to amend Article 3 of Chapter 9 of Title 44 of the Official Code of Georgia Annotated, relating to private ways, so as to provide that the superior court may grant a private way of up to 30 feet under certain conditions; to provide for an effective date; to provide for retroactive application; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 610. By Representatives Cooper of the 41st and Houston of the 170th:
A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the requirements for nursing education programs required for licensure as an advanced practice registered nurse, registered professional nurse, or licensed practical nurse; to revise definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Health & Human Services.
HB 611. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offense of sexual assault against a person under the care or supervision of certain persons; to provide for definitions; to provide for a penalty; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 612. By Representatives Davis of the 122nd, Greene of the 149th, Collins of the 95th, Dukes of the 150th, McKillip of the 115th and others:
A BILL to be entitled an Act to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension and conditions to return of drivers' licenses, so as to provide for a driver's license for a person following a five-year revocation or suspension of such person's driver's license provided that certain conditions have been met; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 613. 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 nonexclusive franchise agreements with respect to certain open top roll off dumpsters; to provide that certain exclusive franchise agreements are against public policy; to provide for related matters; to provide for notice of displacement of residential solid waste collection firms by counties and cities; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 614. By Representative Cooper of the 41st and 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

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of a program for the monitoring of prescribing and dispensing Schedule II, III, IV, or V 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 authorize the contracting of services relating to the 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 Health & Human Services.
HB 615. By Representatives Bearden of the 68th, Horne of the 71st, Austin of the 10th, Powell of the 29th, Jerguson of the 22nd and others:
A BILL to be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the O.C.G.A., relating to carrying and possession of firearms, so as to revise comprehensively the laws concerning the carrying of concealed weapons; to provide for related matters; to amend Part 1 of Article 3 of Chapter 3 of Title 38 of the O.C.G.A., relating to emergency powers of the Governor, so as to revise the powers of the Governor to suspend or limit the sale, dispensing, or transportation of firearms during states of emergency; to provide for related matters; to amend Article 4 of Chapter 18 of Title 50 of the O.C.G.A., relating to inspection of public records, so as to provide that records concerning licenses to carry weapons maintained by the Secretary of State are not subject to disclosure; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 616. By Representative Manning of the 32nd:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to admit the general public to hearings in juvenile court with certain exceptions; to authorize juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons, the Division of Family and Children Services, the Department of Juvenile Justice, and certain service providers to inspect files and records without an order of the court; to provide that certain records may be sealed; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 617. By Representative Scott of the 2nd:
A BILL to be entitled an Act to amend Part 2 of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road for motorcycles, so as to provide for operation of a motorcycle at an intersection controlled by a traffic-control signal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 618. By Representative Pruett of the 144th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to provide for continuation in office of current members; to provide for the staggered election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 619. By Representative Cox of the 102nd:
A BILL to be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to repeal the creation and powers and duties of the County and Municipal Probation Advisory Council; to provide that private companies contracting for probation services shall register with the Secretary of State and pay an annual registration fee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HR 492. By Representatives Horne of the 71st, Bearden of the 68th, Franklin of the 43rd, Reese of the 98th, Cox of the 102nd and others:
A RESOLUTION claiming sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers and serving notice to the federal government to cease and desist certain mandates; and for other purposes.

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Referred to the Committee on Judiciary.
HR 493. By Representatives Wix of the 33rd, Gardner of the 57th, Teilhet of the 40th, Johnson of the 37th, Porter of the 143rd and others:
A RESOLUTION urging the Congress of the United States to investigate the reasons for the volatile fluctuation in oil and gasoline prices in the United States; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HR 494. By Representatives Wix of the 33rd, Gardner of the 57th, Teilhet of the 40th, Johnson of the 37th, Porter of the 143rd and others:
A RESOLUTION urging public and private employers in the Atlanta metropolitan area to adopt flexible hours for their employees in order to reduce traffic congestion; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 532. By Representatives Cooper of the 41st, Wilkinson of the 52nd, Lindsey of the 54th, Drenner of the 86th, Hembree of the 67th and others:
A RESOLUTION creating the Joint Study Committee on Nursing Education in Georgia; and for other purposes.
Referred to the Committee on Health & Human Services.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 622. By Representative Cox of the 102nd:
A BILL to be entitled an Act to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements between chief judges of county courts or judges of municipal courts and corporations, enterprises, or agencies for probation services, so as to clarify certain limitations on the authority of the County and Municipal Probation Advisory Council; 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.

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HB 623. By Representatives Rogers of the 26th and Smith of the 131st:
A BILL to be entitled an Act to amend Code Section 50-21-29 of the Official Code of Georgia Annotated, relating to trial of tort actions against the state, limitations on amounts of damages, and caps to limit total damages regardless of the type of claim, so as to reduce the cap on damages; 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.
By unanimous consent, the following Bills and Resolution of the House and Senate were withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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.

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SB 39.

By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the O.C.G.A., relating to sales and use taxes, so as to provide for a 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects by the district; to provide that each county may opt out of the district; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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.

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

HB 564 HB 565 HB 566 HB 567 HB 568 HB 569 HB 570 HB 571 HB 572 HB 573 HB 574 HB 575 HB 576 HB 577 HB 578 HB 579 HB 580 HB 581 HB 582 HB 583 HB 584

HB 585 HB 586 HB 587 HB 605 HR 471 HR 472 HR 473 HR 474 HR 475 HR 476 SB 23 SB 59 SB 84 SB 95 SB 97 SB 98 SB 104 SB 123 SB 133 SB 154

Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

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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 385 Do Pass

Respectfully submitted, /s/ Harbin of the 118th
Chairman

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 278 Do Pass HB 400 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 63 HB 72 HB 82 HB 171

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

HB 227 HB 244 HB 478 HR 294

Do Pass Do Pass Do Pass Do Pass, by Substitute

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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 305 HB 412 HB 417

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Knox of the 24th
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report:

Mr. Speaker:

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:

HB 518 HB 534 HB 539 HB 541

Do Pass Do Pass Do Pass Do Pass

HB 557 HB 561 HB 562 HB 563

Do Pass Do Pass Do Pass Do Pass

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

Representative Golick of the 34th District, Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

Mr. Speaker:

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1073

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 372 Do Pass, by Substitute HB 514 Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 34th
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 24 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 298 HR 300 HR 531

Do Pass Do Pass Do Pass

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

HOUSE RULES CALENDAR TUESDAY, MARCH 3, 2009

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:

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DEBATE CALENDAR

Open Rule

HB 300 HB 325
HB 427

Student health; school provide certain information to guardians; require (H&HS-Wilkinson-52nd) Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require (Substitute)(PS&HS-Scott153rd) Enterprise zone; certain criteria for pervasive property; provide (ED&TStephens-164th)

Modified Open Rule

HB 406

Service delivery strategies; certain drinking water projects; funding limitation; provide exemption (Substitute)(GAff-Coan-101st)

Modified Structured Rule

HB 277
HB 312
HB 396
HR 206 SB 39

The Georgia 2020 Transportation Act; enact (Substitute)(Trans-Smith129th) Financial institutions; S.A.F.E. Mortgage Licensing Act of 2008; incorporate provisions (Substitute)(B&B-Hill-21st) Drivers' licenses; driving record; uniform traffic citations; provisions (Substitute)(MotV-Graves-12th) Transportation Trust Fund; create - CA (Substitute)(Trans-Smith-129th) Taxes; provide for a 1% sales tax; transportation projects in special transportation districts within the state (Substitute)(Trans-Gardner-57th) Mullis-53rd

Structured Rule

HB 74 HB 200

Revenue and taxation; define terms; provide (Substitute)(W&M-O`Neal146th) Safety belts; failure to use; evidence of negligence; provide (Substitute)(Judy-Geisinger-48th)

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

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

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By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 518. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Geneva in Talbot County, Georgia, approved April 10, 1998 (Ga. L. 1998, p. 4413), so as to designate the center of the town and define the corporate city limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 534. By Representatives Holt of the 112th, Collins of the 95th and Lunsford of the 110th:
A BILL to be entitled an Act to provide for certain rights, powers, and privileges of the Newton County Industrial Development Authority; to define a term; to repeal certain Acts related to the authority; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 539. 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 Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved March 6, 1990 (Ga. L. 1990, p. 3650), so as to provide for a residency qualification for members of the board of commissioners; to provide 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 541. By Representative Jackson of the 142nd:
A BILL to be entitled an Act to provide a new charter for the City of Tennille; to provide for incorporation, boundaries, and powers of the city; to

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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 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 557. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," approved June 30, 1964 (Ga. L. 1964, p. 2260), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4660), so as to change the manner of appointment of members of the authority; to change the terms of office for such members to staggered, three-year terms of office; 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 561. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act creating the Pike County Recreation Authority, approved March 18, 1986 (Ga. L. 1986, p. 4070), as amended, so as to change the name of the authority to the Pike County Parks and Recreation Authority; to clarify provisions relating to tax exemptions of the authority; 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 562. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act creating the Pike Clean and Beautiful Authority, approved April 4, 1991 (Ga. L. 1991, p. 4093), as amended, so as to change certain provisions relating to the Keep Pike

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1077

Beautiful Authority; to change the number of members of the authority; 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 563. By Representative Greene of the 149th:

A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Randolph County, approved February 28, 1994 (Ga. L. 1994, p. 3575), as amended, so as to provide for organization and officers of the board; to provide for a quorum and the transaction of business; to provide for board policies; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker Y Barnard
Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B

Y Crawford Y Davis, H Y Davis, S
Dawkins-Haigler Y Day E Dempsey E Dickson Y Dobbs Y Dollar Y Dooley E Drenner
Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Fludd Franklin Y Frazier Y Fullerton Gardner Geisinger Y Glanton

Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley
Jackson E Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan
Kaiser Y Keen
Keown Y Knight
Knox

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

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson

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

Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece
Reese Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 144, nays 0.

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

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

Representatives Dawkins-Haigler of the 93rd, Hudson of the 124th, and Jackson of the 142nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

SB 68. By Senators Murphy of the 27th, Harp of the 29th, Golden of the 8th, Grant of the 25th, Staton of the 18th and others:

A BILL to be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that counties and municipalities may by resolution or ordinance provide an exception from the prohibition against the sale of alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 69. By Senators Unterman of the 45th, Murphy of the 27th, Balfour of the 9th, Hudgens of the 47th, Williams of the 19th and others:

A BILL to be entitled an Act to amend Titles 19 and 49 of the Official Code of Georgia Annotated, relating to domestic relations and social services,

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1079

respectively, so as to expand the definition of "sexual exploitation"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 70. By Senators Hooks of the 14th, Adelman of the 42nd, Jackson of the 2nd, Harbison of the 15th, Ramsey, Sr. of the 43rd and others:
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 finance regulation and disclosure, so as to require special expedited reporting of certain campaign contributions; to provide that the contributions subject to such reporting shall be those where there exists a contractual, grant, or regulatory relationship between the contributor and the office of the public officer or candidate for public office; to define terms; to provide for the manner and contents of reports; to provide for civil enforcement; to provide for other related matters; to repeal conflicting laws; and for other purposes.
SB 78. By Senators Tolleson of the 20th, Golden of the 8th, Wiles of the 37th, Stoner of the 6th, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
SB 156. By Senators Staton of the 18th, Adelman of the 42nd, Thomas of the 54th, Goggans of the 7th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to extensively revise the duties of the Georgia Trauma Care Network Commission; to revise definitions relating to trauma care; to provide for duties of the State Office of EMS/Trauma relating to the state-wide trauma network; to revise funding priorities; to abolish the Georgia Trauma Trust Fund; to establish the State Office of EMS/Trauma; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 164. By Senators Balfour of the 9th, Tarver of the 22nd, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and others:
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 control of signs and signals on the state highway system, so as to provide for certain height limitations on such signs; to allow owners of legally erected and maintained signs to obtain permits to remove vegetation from the viewing zones of their signs if certain specified conditions are met; to provide for procedures, fees, and penalties related to the foregoing; to provide for stages of implementation by department districts; to provide for severability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 165. By Senators Goggans of the 7th, Williams of the 19th, Hill of the 4th, Hawkins of the 49th and Hill of the 32nd:
A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to authorize the Department of Community Health to obtain income eligibility verification from the Department of Revenue for applicants for Medicaid and the PeachCare for Kids Program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 49. By Senators Smith of the 52nd, Hudgens of the 47th, Tolleson of the 20th, Heath of the 31st, Hill of the 32nd and others:
A RESOLUTION urging the Congress of the United States to oppose any efforts to adopt the so-called "Employee Free Choice Act"; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 366. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating and establishing the Metter-Candler County Airport Authority, approved March 25, 1986 (Ga. L. 1986, p. 4638), as amended, so as to modify provisions relating to minimum

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meeting requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 383. By Representatives Lane of the 158th, Burns of the 157th and Parrish of the 156th:

A BILL to be entitled an Act to create a board of elections and registration for Bulloch County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for board employees and their compensation; to provide for effective dates; to repeal conflicting laws; and for other purposes.

HB 384. By Representatives Benton of the 31st and Harden of the 28th:

A BILL to be entitled an Act to amend an Act revising, consolidating, and amending the several Acts incorporating the Town of Maysville, approved May 18, 2007 (Ga. L. 2007, p. 3995), so as to change the terms of office of two councilmembers; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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

HB 233. By Representative Lindsey of the 54th:

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.

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

SB 68.

By Senators Murphy of the 27th, Harp of the 29th, Golden of the 8th, Grant of the 25th, Staton of the 18th and others:

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A BILL to be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that counties and municipalities may by resolution or ordinance provide an exception from the prohibition against the sale of alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; 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 69.

By Senators Unterman of the 45th, Murphy of the 27th, Balfour of the 9th, Hudgens of the 47th, Williams of the 19th and others:

A BILL to be entitled an Act to amend Titles 19 and 49 of the Official Code of Georgia Annotated, relating to domestic relations and social services, respectively, so as to expand the definition of "sexual exploitation"; 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 70.

By Senators Hooks of the 14th, Adelman of the 42nd, Jackson of the 2nd, Harbison of the 15th, Ramsey, Sr. of the 43rd and others:

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 finance regulation and disclosure, so as to require special expedited reporting of certain campaign contributions; to provide that the contributions subject to such reporting shall be those where there exists a contractual, grant, or regulatory relationship between the contributor and the office of the public officer or candidate for public office; to define terms; to provide for the manner and contents of reports; to provide for civil enforcement; to provide for other related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Governmental Affairs.

SB 78.

By Senators Tolleson of the 20th, Golden of the 8th, Wiles of the 37th, Stoner of the 6th, Hudgens of the 47th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties

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where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 156. By Senators Staton of the 18th, Adelman of the 42nd, Thomas of the 54th, Goggans of the 7th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to extensively revise the duties of the Georgia Trauma Care Network Commission; to revise definitions relating to trauma care; to provide for duties of the State Office of EMS/Trauma relating to the state-wide trauma network; to revise funding priorities; to abolish the Georgia Trauma Trust Fund; to establish the State Office of EMS/Trauma; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 164. By Senators Balfour of the 9th, Tarver of the 22nd, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and others:
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 control of signs and signals on the state highway system, so as to provide for certain height limitations on such signs; to allow owners of legally erected and maintained signs to obtain permits to remove vegetation from the viewing zones of their signs if certain specified conditions are met; to provide for procedures, fees, and penalties related to the foregoing; to provide for stages of implementation by department districts; to provide for severability; 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 165. By Senators Goggans of the 7th, Williams of the 19th, Hill of the 4th, Hawkins of the 49th and Hill of the 32nd:

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A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to authorize the Department of Community Health to obtain income eligibility verification from the Department of Revenue for applicants for Medicaid and the PeachCare for Kids 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 Insurance.

SR 49.

By Senators Smith of the 52nd, Hudgens of the 47th, Tolleson of the 20th, Heath of the 31st, Hill of the 32nd and others:

A RESOLUTION urging the Congress of the United States to oppose any efforts to adopt the so-called "Employee Free Choice Act"; and for other purposes.

Referred to the Committee on Industrial Relations.

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

Levitas of the 82nd, Epps of the 140th, Davis of the 122nd, Jerguson of the 22nd, and Keen of the 179th.

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

HR 298. By Representatives Lane of the 158th, Burns of the 157th and Parrish of the 156th:

A RESOLUTION recognizing and commending Ms. Laura "Molly" Bickerton and inviting her to appear before the House of Representatives; and for other purposes.

HR 300. By Representative Ehrhart of the 36th:

A RESOLUTION recognizing and commending Mr. Ian Feinberg and inviting him to appear before the House of Representatives; and for other purposes.

HR 531. By Representative Walker of the 107th:

A RESOLUTION congratulating the Loganville Christian Academy varsity boys basketball team on winning the 2009 ICSGA State Championship and

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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 300. By Representatives Wilkinson of the 52nd, Cooper of the 41st, Porter of the 143rd, Gardner of the 57th, Lindsey of the 54th 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 local school systems to provide certain information to parents and guardians of students in grades six through 12 on meningococcal meningitis disease and its vaccine whenever other health information is provided; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs
Dollar Y Dooley E Drenner E Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner E Geisinger Y Glanton Y Golick Y Gordon

Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James Y Jerguson Y 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 Manning Y Marin Y Martin Y Maxwell Y May Y Mayo E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J

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 Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon

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Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 157, nays 0.

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

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

Representatives Hudson of the 124th 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 325. By Representative Scott of the 153rd:

A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the Department of Human Resources to require fingerprinting and criminal background investigations of all applicants for licensure and license renewal as emergency medical services personnel; to provide 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 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the Department of Human Resources to require fingerprinting and criminal background investigations of all applicants for licensure and license renewal as emergency medical services personnel; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, is amended by adding a new Code section to read as follows:

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"31-11-50.1. As used in this article, the term: (1) 'Certify' and 'certification' are synonymous with 'license' and 'licensure.' (2) 'Emergency medical services personnel' means all individuals licensed by the department under this article. (3) 'Recertify' and 'recertification' are synonymous with 'renew license' and 'license renewal.'"
SECTION 2. Said article is further amended by revising Code Section 31-11-51, relating to certification and recertification of emergency medical technicians, as follows:
"31-11-51. (a) The board shall, by regulation, authorize the department to establish procedures and standards for certifying and recertifying initial licensing and license renewal for emergency medical technicians services personnel. The department shall succeed to all rules and regulations, policies, procedures, and administrative orders of the composite board which were in effect on December 31, 2001, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. (b) In reviewing applicants for initial licensure and all currently licensed emergency medical services personnel, the department shall be authorized to obtain conviction data with respect to such applicants as authorized in this subsection. The department shall by rule or regulation establish a procedure by which each applicant shall request or cause to be requested a fingerprint based criminal history records check from the Georgia Crime Information Center and the Federal Bureau of Investigation for the purposes of determining the suitability of the applicant for licensure. Fingerprints of the applicant 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. Fees may be charged as necessary to cover the cost of the records search. Upon receipt thereof, the Georgia Crime Information Center shall promptly cause such criminal records search to be conducted. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this subsection and except to any person or agency which otherwise has a legal right to inspect the application file. All such records shall be maintained by the department pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought."

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E 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, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs
Dollar Y Dooley E Drenner E Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton
Gardner E Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 156, nays 2.

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

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1089

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 427. By Representatives Stephens of the 164th, Willard of the 49th, Williams of the 165th, Hill of the 180th, Gordon of the 162nd and others:

A BILL to be entitled an Act to amend Code Section 36-88-6, relating to criteria for an enterprise zone, so as to provide for certain criteria for pervasive 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:

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

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs
Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner E Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Manning Marin
Y Martin Y Maxwell Y May Y Mayo E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece
Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, the ayes were 161, 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 406. By Representatives Coan of the 101st, McCall of the 30th, Ehrhart of the 36th, Amerson of the 9th and Smith of the 70th:
A BILL to be entitled an Act to amend Code Section 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, so as to provide an exception for certain drinking water projects; 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 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, so as to provide an exception for certain drinking water projects; 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 36-70-27 of the Official Code of Georgia Annotated, relating to limitation of funding for projects inconsistent with service delivery strategies, is amended by revising subsection (a) as follows:
"(a)(1) On and after July 1, 1999, no No state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy; provided, however, that a municipality or authority located or operating in more than one county shall be included in a department verified strategy for each county wherein the municipality or authority is located or operating. (2) Paragraph (1) of this subsection shall not apply to any drinking water project of the Georgia Environmental Facilities Authority or of any local government or authority if such project is a proposed drinking water supply reservoir or any water withdrawal, treatment, distribution, or other potable water facility associated with such reservoir and the project shall furnish potable water to wholesale users in incorporated areas in one or more counties. Within one year after such proposed

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drinking water supply reservoir becomes operational, the local governments and authorities in the affected county or counties shall update their service delivery strategy or strategies to be consistent with water supply arrangements resulting from the operation of such reservoir."

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 N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard
Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman

Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey E Dickson N Dobbs Y Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J
Everson Y Floyd N Fludd N Franklin Y Frazier N Fullerton Y Gardner E Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson N 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 Lindsey N Long Y Loudermilk N Lucas

Y Manning Y Marin Y Martin Y Maxwell Y May N Mayo E McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal N Nix N Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M

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Y Collins, D Y Collins, T
Cooper Y Cox

Y Harden, B Y Harden, M N Hatfield N Heard

Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Reese Y Rice Y Roberts Y Rogers

Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 131, nays 33.

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

Representative Scott of the 2nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 312. By Representatives Hill of the 21st, Mills of the 25th, Coan of the 101st, Greene of the 149th, Knight of the 126th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to incorporate provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110-289; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to incorporate provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110-289; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by revising Article 13, relating to the licensing of mortgage lenders and mortgage brokers, as follows:
"ARTICLE 13

7-1-1000. As used in this article, the term:

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(1) 'Affiliate' or 'person affiliated with' means, when used with reference to a specified person, a person who directly, indirectly, or through one or more intermediaries controls, is controlled by, or is under common control with the person specified. Any beneficial owner of 20 10 percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, joint venturer, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, joint venturer, or general partner shall prove that he or she in fact does not control, is not controlled by, or is not under common control with such person. (2) 'Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independent certified public accountant, which product consists of an opinion on the financial statements indicating their conformity with generally accepted accounting principles. (3) 'Commissioner' means the commissioner of banking and finance. (3)(4) 'Commitment' or 'commitment agreement' means a statement by a lender required to be licensed or registered under this article that sets forth the terms and conditions upon which the lender is willing to make a particular mortgage loan to a particular borrower. (4)(5) 'Control,' including 'controlling,' 'controlled by,' and 'under common control with,' means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting or nonvoting securities, by contract, or otherwise. (6) 'Department' means the Department of Banking and Finance. (7) 'Depository institution' has the same meaning as in Section 3 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(c), and includes any credit union. (8) 'Dwelling' means a residential structure that contains one to four units, whether or not that structure is attached to real property pursuant to Regulation Z Section 226.2(a)(19). The term includes an individual condominium unit, cooperative unit, mobile home, and trailer if it is used as a residence. (5)(9) '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 managerial or supervisory functions with respect to any organization whether incorporated or unincorporated. (6)(10) 'Extortionate means' means the use or the threat of violence or other criminal means to cause harm to the person, reputation of the person, or property of the person. (11) 'Federal banking agencies' means the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance Corporation. Such term shall also include the Board of Governors of the privately owned Federal Reserve System.

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(6.1)(12) 'Georgia Residential Mortgage Act' means this article., which also includes certain provisions in order to implement the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. (13) 'Individual' means a natural person. (7)(14) 'License' means a license issued by the department under this article to act as a mortgage loan originator, mortgage lender, or mortgage broker. (15) 'Loan processor or underwriter' means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed or exempt from licensing. For purposes of this paragraph, 'clerical or support duties' may include, subsequent to the receipt of an application, the receipt, collection, distribution, and analysis of information common for the processing or underwriting of a residential mortgage loan; and communicating with a consumer to obtain the information necessary for the processing or underwriting of a loan, to the extent that such communication does not include offering or negotiating loan rates or terms or counseling consumers about residential mortgage loan rates or terms. An individual engaging solely in loan processor or underwriter activities shall not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities of a mortgage loan originator. (8)(16) 'Lock-in agreement' means a written agreement whereby a lender or a broker required to be licensed or registered under this article guarantees for a specified number of days or until a specified date the availability of a specified rate of interest for a mortgage loan, a specified formula by which the rate of interest will be determined, or a specific number of discount points if the mortgage loan is approved and closed within the stated period of time. (9)(17) 'Makes a mortgage loan' means to advance funds, offer to advance funds, or make a commitment to advance funds to an applicant for a mortgage loan. (10)(18) 'Misrepresent' means to make a false statement of a substantive fact. Misrepresent may also mean to intentionally engage in any conduct which leads to a false belief which is material to the transaction. (11)(19) 'Mortgage broker' means any person who directly or indirectly solicits, processes, places, or negotiates mortgage loans for others, or offers to solicit, process, place, or negotiate mortgage loans for others or who closes mortgage loans which may be in the mortgage broker's own name with funds provided by others and which loans are assigned within 24 hours of the funding of the loans to the mortgage lenders providing the funding of such loans. (12)(20) 'Mortgage lender' means any person who directly or indirectly makes, originates, underwrites, or purchases mortgage loans or who services mortgage loans. (13)(21) 'Mortgage loan' means a loan or agreement to extend credit made to a natural person, which loan is secured by a deed to secure debt, security deed, mortgage, security instrument, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property located in

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Georgia, regardless of where made, including the renewal or refinancing of any such loan. (22) 'Mortgage loan originator' means an individual who for compensation or gain or in the expectation of compensation or gain takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan. Generally, this does not include an individual engaged solely as a loan processor or underwriter except as otherwise provided in paragraph (5) of subsection (a) of Code Section 7-11002; a person or entity that only performs real estate brokerage activities and is licensed or registered in accordance with Georgia law unless the person or entity is compensated by a mortgage lender, mortgage broker, or other mortgage loan originator or by any agent of such mortgage lender, mortgage broker, or other mortgage loan originator; and does not include a person or entity solely involved in extensions of credit relating to time-share plans, as that term is defined in 11 U.S.C. Section 101(53D). (23) 'Nationwide Mortgage Licensing System and Registry' means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators, mortgage loan brokers, and mortgage loan lenders. (24) 'Nontraditional mortgage product' means any mortgage product other than a 30 year fixed rate mortgage. (14)(25) 'Person' means any individual, sole proprietorship, corporation, limited liability company, partnership, trust, or any other group of individuals, however organized. (26) 'Real estate brokerage activity' means any activity that involves offering or providing real estate brokerage services to the public, including acting as a real estate agent or real estate broker for a buyer, seller, lessor, or lessee of real property; bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property; negotiating, on behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property, other than in connection with providing financing with respect to any such transaction; engaging in any activity for which a person engaged in the activity is required to be registered or licensed as a real estate agent or real estate broker under any applicable law; and offering to engage in any activity or act in any capacity described herein. (27) 'Registered mortgage loan originator' means any individual who meets the definition of mortgage loan originator, is registered with and maintains a unique identifier through the Nationwide Mortgage Licensing System and Registry, and is an employee of:
(A) A depository institution; (B) A subsidiary that is:
(i) Owned and controlled by a depository institution; and (ii) Regulated by a federal banking agency; or (C) An institution regulated by the Farm Credit Administration.

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(15)(28) 'Registrant' means any person required to register pursuant to Code Sections 7-1-1001 and 7-1-1003.2. (16)(29) 'Residential property' means improved real property used or occupied, or intended to be used or occupied, as the principal primary residence of a natural person. Such term does not include rental property or second homes. A natural person can have only one primary residence. (30) 'Residential mortgage loan' means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, as defined in Section 103(v) of the Truth in Lending Act, or residential real estate upon which is constructed or intended to be constructed a dwelling. (31) 'Residential real estate' means any real property located in Georgia upon which is constructed or intended to be constructed a dwelling. (17)(32) 'Service a mortgage loan' means the collection or remittance for another or the right to collect or remit for another of payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan. (18)(33) 'Ultimate equitable owner' means a natural person who, directly or indirectly, owns or controls an ownership interest in a corporation or any other form of business organization, regardless of whether such natural person owns or controls such ownership interest through one or more natural persons or one or more proxies, powers of attorney, nominees, corporations, associations, limited liability companies, partnerships, trusts, joint-stock companies, other entities or devices, or any combination thereof. (34) 'Unique identifier' means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry.
7-1-1001. (a) The following persons shall not be required to obtain a mortgage loan originator, mortgage broker, or mortgage lender license and shall not be subject to the provisions of this article but may be subject to registration or notification requirements, unless otherwise provided by this article:
(1) Any lender authorized to engage in business as a bank, credit card bank, savings institution, building and loan association, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured; (2) Any wholly owned subsidiary of any lender described in paragraph (1) of this Code section; provided, however, such subsidiary shall be subject to the filing of a notification statement in order to facilitate the department's handling of consumer inquiries. Such requirements are contained in Code Section 7-1-1003.4. Any subsidiary which fails to file the notification statement or keep the information current will immediately be subject to the registration requirements of this article. In addition, any. Any subsidiary that violates any applicable law of this article may be subject to a cease and desist order as provided for in Code Section 7-1-1018;

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(2.1) Any wholly owned subsidiary of any bank holding company; provided, however, that such subsidiary shall be subject to registration requirements in order to facilitate the department's handling of consumer inquiries. Such requirements are contained in Code Section 7-1-1003.3; (3) An attorney at law licensed to practice law in Georgia who is not principally engaged in negotiating mortgage loans when such attorney renders services in the course of his or her practice as an attorney at law Registered mortgage loan originators, when acting for an entity described in paragraphs (1) or (2) of this Code section. To qualify for this exemption, an individual shall be registered with and maintain a unique identifier through registration with the Nationwide Mortgage Licensing System and Registry; (4) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of such individual. For purposes of this exemption, the term 'immediate family member' means a spouse, child, sibling, parent, grandparent, or grandchild. Immediate family members shall include stepparents, stepchildren, stepsiblings, and adoptive relationships; (5) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator; (4)(6) A real estate broker or real estate salesperson not actively engaged in the business of negotiating mortgage loans; however, a real estate broker or real estate salesperson who receives any fee, commission, kickback, rebate, or other payment for directly or indirectly negotiating, placing, or finding negotiates, places, or finds a mortgage for others shall not be exempt from the provisions of this article; (5)(7) Any person performing any act relating to mortgage loans under order of any court; (6)(8) Any natural person or the estate of or trust created by a natural person making a mortgage loan with his or her own funds for his or her own investment, including those natural persons or the estates of or trusts created by such natural persons who make a purchase money mortgage for financing sales of their own property; (7)(9) The United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation: the Georgia Housing and Finance Authority, the Georgia Development Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Farm Credit Administration and its chartered agricultural credit associations; (10) Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that serves as the individual's residence;

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(8)(11) Any person who makes a mortgage loan to an employee of such person as an employment benefit; (9)(12) Any licensee under Chapter 3 of this title, the 'Georgia Industrial Loan Act,' provided that any mortgage loan made by such licensee is for $3,000.00 or less; (10)(13) Nonprofit corporations making mortgage loans to promote home ownership or improvements for the disadvantaged; (11)(14) A natural person employed by a licensed or registered mortgage broker, a licensed or registered mortgage lender, or any person exempted from the mortgage broker or mortgage lender licensing requirements of this article when acting within the scope of employment and under the supervision of the licensee mortgage broker or mortgage lender or exempted person as an employee and not as an independent contractor, except those natural persons exempt from licensure as a mortgage broker or mortgage lender under paragraph (17) of this Code section. To be exempt from licensure as a mortgage broker or mortgage lender, a natural person must shall be employed by only one such employer and must shall be at all times eligible for employment in compliance with the provisions and prohibitions of Code Section 7-11004. Such natural person, who meets the definition of mortgage loan originator provided in paragraph (22) of Code Section 7-1-1000, shall be subject to mortgage loan originator licensing requirements. A natural person against whom a cease and desist order has become final shall not qualify for this exemption while under the employment time restrictions of subsection (o) of Code Section 7-1-1004 if such order was based on a violation of Code Sections 7-1-1002 or 7-1-1013 or whose license was revoked within five years of the date such person was hired; (12)(15) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, purchasing, or servicing mortgage loans; (13)(16) Any natural person who makes five or fewer mortgage loans in any one calendar year. A person other than a natural person who makes five or fewer mortgage loans in any one calendar year shall not be exempt from the licensing requirements of this article; or
(14)(17)(A) A natural person otherwise required to be licensed as a mortgage lender or mortgage broker, who is under an exclusive written independent contractor agreement with any person that is a wholly owned subsidiary of a financial holding company or bank holding company, savings bank holding company, or thrift holding company, which subsidiary also meets the following requirements, subject to the review and approval of the department:
(i) The subsidiary has provided an undertaking of accountability supported by a surety bond equal to the lesser of $1 million or $50,000.00 per exempt person, to cover all of its persons exempted by this paragraph, that includes full and direct financial responsibility for the mortgage broker activities of each such exempted person, and also provides for the education of the exempt persons, the handling of consumer complaints related to the exempt persons, and the supervision of the mortgage broker activities of the exempt persons;

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(ii) The subsidiary has applied for and been granted a mortgage broker or mortgage lender license, consistent with the provisions of this article and renewable annually; and (iii) The subsidiary has paid applicable fees for this license, which license fees shall be the lesser of one-half of the sum of the cost of the individual licenses or $100,000.00. (B) To maintain the exemption, a natural person must shall: (i) Solicit, process, place, or negotiate a mortgage loan to be made only by the licensed subsidiary or its affiliate; and (ii) Be at all times in compliance with the provisions and prohibitions of Code Section 7-1-1013 and the provisions and prohibitions applicable to employees under Code Section 7-1-1004. (C) For purposes of this paragraph, the term 'financial holding company' shall mean means a financial holding company as defined in the Bank Holding Company Act of 1956, as amended. (D) The commissioner shall provide by rule or regulation for the implementation of this paragraph. (b) Exemptions enumerated in paragraphs (1), (2), (2.1), (7), (8), (9), (11), (12), (13), (14), (15), (16), and (17) of subsection (a) of this Code section shall be exemptions from licensure as a mortgage broker or mortgage lender only. Nothing in paragraphs (1), (2), (2.1), (7), (8), (9), (11), (12), (13), (14), (15), (16), and (17) of subsection (a) of this Code section shall be intended to exempt natural persons from compliance with mortgage loan originator licensing requirements as set forth in this article and the Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Individuals that transact business as a mortgage loan originator, unless specifically exempted by paragraphs (3), (4), (5), (6), or (10) of subsection (a) of this Code section shall obtain a mortgage loan originator license as required by Code Section 7-1-1002 whether they are employed by a mortgage broker, mortgage lender, or person exempted as a mortgage broker or lender as set forth in this subsection.
7-1-1001.1. (a) In order to comply with the federal requirements contained in the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, also known as the S.A.F.E. Mortgage Licensing Act of 2008, on and after January 1, 2010, or such later date approved by the Secretary of the United States Department of Housing and Urban Development, pursuant to the authority granted under Public Law 110-289, Section 1508(a), it shall be prohibited for any person to engage in the activities of a mortgage loan originator without first obtaining and maintaining a mortgage loan originator license as set forth in this article. All provisions within this article that relate to the licensing requirements and associated duties and responsibilities of mortgage loan originators shall be effective on and after January 1, 2010, or such later date approved by the Secretary of the United States Department of Housing and Urban Development, pursuant to the authority granted under Public Law 110-289, Section 1508(a).

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(b) The department shall have the broad administrative authority to administer, interpret, and enforce this article and the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, and promulgate rules or regulations implementing it, in order to carry out the intentions of the federal legislature. (c) The provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 shall apply to the activities of retail sellers of manufactured homes to the extent determined by the United States Department of Housing and Urban Development through written guidelines, rules, regulations, or interpretive letters.
7-1-1002. (a) On and after July 1, 1993, it is It shall be prohibited for any person to transact business in this state directly or indirectly as a mortgage broker, or a mortgage lender, or a mortgage loan originator unless such person:
(1) Is licensed or registered as such by the department utilizing the Nationwide Mortgage Licensing System and Registry; (2) Is a person exempted from the licensing or registration requirements pursuant to Code Section 7-1-1001; or (3) In the case of an employee of a mortgage broker or mortgage lender, such person has qualified to be relieved of the necessity for a license under the employee exemption in paragraph (11)(8) of Code Section 7-1-1001.; (4) In the case of a mortgage loan originator, such person is supervised by a mortgage broker, mortgage lender, or exemptee on a daily basis while performing mortgage functions; is employed by and works exclusively for only one mortgage broker, mortgage lender, or exemptee; and is paid on a W-2 basis by the employing mortgage broker, mortgage lender, or exemptee, except those natural persons exempt from licensure as a mortgage broker or mortgage lender under paragraph (17) of Code Section 7-1-1001. Each licensed mortgage loan originator shall register with and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry. For the purposes of implementing an orderly and efficient mortgage loan originator process, the department may establish licensing rules or regulations and interim procedures for licensing and acceptance of applications; or (5) A loan processor or underwriter who is an independent contractor shall not engage in the activities of a loan processor or underwriter unless such independent contractor loan processor or underwriter obtains and maintains a mortgage broker or mortgage lender license. Each independent contractor loan processor or underwriter licensed as a mortgage broker or mortgage lender shall have and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry. (b) On and after July 1, 1995, it is It shall be prohibited for any person, as defined in Code Section 7-1-1000, including a corporation but not including any natural person who purchases five or fewer mortgage loans in any one calendar year solely as an investment and who is not in the business of brokering, making, purchasing, or servicing mortgage loans, knowingly to purchase, sell, or transfer one or more mortgage loans or loan applications from or to a mortgage loan originator, mortgage

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broker, or mortgage lender who is neither licensed nor exempt from the licensing or registration provisions of this article. Such a purchase shall not affect the obligation of the borrower under the terms of the mortgage loan. The department shall provide for distribution or availability of information regarding approved or revoked licenses. (c) On or after July 1, 1996, every Every person who directly or indirectly controls a person who violates subsection (a) or (b) of this Code section, every general partner, executive officer, joint venturer, or director of such person, and every person occupying a similar status or performing similar functions as such person violates with and to the same extent as such person, unless the person whose violation arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which the original violation is alleged to exist.
7-1-1003. (a) An application for a license under this article shall be made in writing, under oath, and in such form as the department may prescribe. Each such form shall contain content as set forth by rule, regulation, instruction, or procedure of the department and may be changed or updated as necessary by the department in order to carry out the purposes of this article. The department, by regulation, may prescribe different classes of licenses for both mortgage loan originators, mortgage brokers, and mortgage lenders. (b) The application shall include the following:
(1) The legal name and address of the applicant and, if the applicant is a partnership, association, corporation, or other business entity, of every member, officer, and director thereof; (2) The name All names, including, but not limited to, website domain names (URLs), under which the applicant will conduct business in Georgia; (3) The For mortgage brokers and mortgage lenders, the address of the main office or principal place of business where books and records are located and any other locations at which the applicant will engage in any business activity covered by the provisions of this article, together with the mailing address where the department shall send all correspondence, orders, or notices. Any changes in this mailing address must shall be delivered in writing to the department before the change is effective; (4) The For mortgage brokers and mortgage lenders, the complete name and address of the applicant's initial registered agent and registered office for service of process in Georgia. If the applicant is a Georgia corporation, this registered agent shall be the same as the agent recorded with the Secretary of State. Any changes in the registered agent or registered office shall be delivered in writing to the department and the Secretary of State, if applicable, before the change is effective. The registered agent may, but is not required to, be an officer of the applicant, and the registered office must shall be a Georgia location where the registered agent may be served; (5) The For mortgage brokers and mortgage lenders, the general plan and character of the business;

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(6) A For mortgage brokers and mortgage lenders, a financial statement of the applicant; (7) Such For mortgage brokers and mortgage lenders, such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, agents, or ultimate equitable owners of 10 percent or more of the applicant; and (8) For mortgage brokers and mortgage loan originators, evidence of satisfaction of experience or education requirements, as required by regulations of the department. (c) The application All applications filed under this Code section shall be filed together with: (1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, that any supervision fee paid at the time of the application shall be refunded if the license is not granted; and (2) The items required by Code Section 7-1-1003.2; and (3) Other information as may be required by the department.
7-1-1003.1. If the applicant for a mortgage broker license or a renewal of such license does not have a physical place of business in Georgia, a license or renewal may shall only be issued if the applicant's home state does not require that in order to be licensed a mortgage broker must shall have a physical place of business in such home state. In either case, an applicant must shall have a registered agent and a registered office in this state.
7-1-1003.2. (a) Each licensed or registered mortgage broker must shall provide the department with a bond. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require as set forth by regulation based on an amount that reflects the dollar amount of loans originated, and the bond shall meet the other requirements of subsection (c)(d) of this Code section. (b) Except as otherwise provided in subsection (c)(d) of this Code section, the department shall not license or register any mortgage lender unless the applicant or registrant provides the department with a bond. The bond for a mortgage lender shall be in the principal sum of $150,000.00 or such greater sum as the department may require as set forth by regulation based on an amount that reflects the dollar amount of loans originated, and which bond shall meet the other requirements of subsection (c)(d) of this Code section. (c) Each mortgage loan originator shall be covered by a surety bond in accordance with this Code section. In the event that the mortgage loan originator is an employee of a licensed or registered mortgage broker or lender or under an exclusive written independent contractor agreement as described in paragraph (17) of Code Section 7-11001, the surety bond of such licensed or registered mortgage broker or lender may be used in lieu of the mortgage loan originator's surety bond requirement. If the surety bond of the licensed or registered mortgage broker or lender is used in lieu of an

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individual mortgage loan originator's surety bond then that surety bond shall provide coverage for each covered mortgage loan originator in such amount as the department may require that reflects the dollar amount of loans originated as determined by the department. (d) General bond Bond requirements:
(1) The bond requirements for mortgage loan originators, mortgage brokers, and mortgage lenders are continuous in nature and must shall be maintained at all times as a condition of licensure; and (2) The corporate surety bond shall be for a term and in a form satisfactory to the department, shall be issued by a bonding company or insurance company authorized to do business in this state and approved by the department, and shall run to the State of Georgia for the benefit of any person damaged by noncompliance of a licensee with this article, the 'Georgia Residential Mortgage Act,' or with any condition of such bond. Damages under the bond shall include moneys owed to the department for fees, fines, or penalties. Such bond shall be continuously maintained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws; (3) When an action is commenced on a licensee's bond, the department may require the filing of a new bond; and (4) Immediately upon recovery upon any action on the bond, the licensee shall file a new bond. (d) As an alternative to a bond, an applicant or a licensee may supply an irrevocable letter of credit from a federally insured financial institution in form and terms acceptable and payable to the department. (e) Any person including the department who may be damaged by noncompliance of a licensee with any condition of a bond or this article, the 'Georgia Residential Mortgage Act,' may proceed on such bond against the principal or surety thereon, or both, to recover damages.
7-1-1003.3. An application to register as a mortgage lender or broker under this article shall be made annually in writing, under oath, on a form provided by the department, subject to requirements specified by rules and regulations of the department.
7-1-1003.4. (a) A notification statement shall contain the following:
(1) The name or names under which business will be conducted in Georgia; (2) The name and address of the parent financial institution; (3) The name, mailing address, telephone number, and fax number of the person or persons responsible for handling consumer inquiries and complaints; (4) The name and address of the registered agent for service of process in Georgia; and

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(5) A statement signed by the president or chief executive officer of the entity stating that the entity will receive and process consumer inquiries and complaints promptly, fairly, and in compliance with all applicable laws. (b) A notification statement shall be filed before commencing to do a mortgage business in this state and shall be updated by the entity as the information changes. Any entity which fails to file the notification statement or keep the information current will immediately be subject to the registration requirements of Code Section 7-1-1003.3 Reserved.
7-1-1003.5. (a) The General Assembly has determined that a uniform multi-state multistate administration of an automated licensing system for mortgage loan originators, mortgage brokers, and mortgage lenders is consistent with both the public interest and the purpose of this chapter; therefore, for the sole purpose of participating in the establishment and implementation of a multi-state multistate automated licensing system for mortgage loan originators, mortgage brokers, and mortgage lenders, the department is authorized to:
(1) Participate in a nation-wide residential mortgage licensing system established to facilitate the sharing of information and standardization of the licensing and application processes for mortgage loan originators, mortgage brokers, and mortgage lenders by electronic or other means; (2) Enter into operating agreements, information sharing agreements, interstate cooperative agreements, and other contracts necessary for the department's participation in the nation-wide residential mortgage licensing system; (3) Ensure that the nation-wide residential mortgage licensing system adopts an appropriate privacy, data security, and security breach notification policy that is in full compliance with existing state and federal law; (4) Disclose or cause to be disclosed without liability applicant and licensee information, including, but not limited to, violations of this article and enforcement actions, via the nation-wide residential mortgage licensing system to facilitate regulatory oversight of mortgage loan originators, mortgage brokers, and mortgage lenders across state jurisdictional lines; (5) Establish and adopt, by rule or regulation, requirements for participation by applicants and licensees in the nation-wide residential mortgage licensing system upon the department's finding that each new or amended requirement is consistent with both the public interest and the purposes of this article; (6) Pay all fees received from licensees and applicants related to applications, licenses, and renewals to the Office of Treasury and Fiscal Services; provided, however, that the department may net such fees to recover the cost of participation in the nation-wide residential mortgage licensing system; and (7) Modify by rule the license renewal dates set forth in Code Section 7-1-1005 for mortgage brokers and mortgage lenders from a fiscal year to a calendar year, including providing for a one-time, six-month licensing period accompanied by a one-

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time reduced fee during the conversion year from a fiscal licensing year to a calendar licensing year. (b) Irrespective of its participation in a nation-wide residential mortgage licensing system, the department retains full and exclusive authority over determinations whether to grant, renew, suspend, or revoke licenses issued to mortgage loan originators, mortgage brokers, and mortgage lenders under this article. Nothing in this Code section shall be construed to reduce this authority.
7-1-1003.6. (a) Except as otherwise provided in the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, the requirements under any federal law or Georgia state law regarding the privacy or confidentially of any information or material provided to the Nationwide Mortgage Licensing System and Registry and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to such information or material, shall continue to apply to such information or material after the information or material has been disclosed to the Nationwide Mortgage Licensing System and Registry. Such information and material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protection provided by federal or state law. (b) Information or material that is subject to a privilege or confidentially under subsection (a) of this Code section shall not be subject to:
(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or (2) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Mortgage Licensing System and Registry with respect to such information or material, the person to whom such information or material pertains waives, in whole or in part, in the discretion of such person that privilege. (c) This Code section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, licensees that are included in the Nationwide Mortgage Licensing System and Registry for access by the public.
7-1-1003.7. (a) Any education provider which offers mortgage industry related courses designed to satisfy education requirements as provided in subsection (c) of Code Section 7-1-1004 and associated department rules shall be approved by the department. (b) An application under this section shall be made in writing, under oath, and in such form as the department may prescribe. The application shall include the following:
(1) The name and address of the applicant and, if the entity is not a sole proprietorship, the name of every member, officer, principal, or director thereof;

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(2) The name under which the applicant will conduct business in Georgia; (3) A proposed certificate program or course of study which lists each subject to be taught and credit or classroom hours for each course designed to satisfy education requirements; (4) Qualifications and credentials of any and all instructors teaching courses named in paragraph (3) of this subsection; and (5) Other information as may be required by the department. (c) The initial application shall be filed with the department along with fees established by rule, no portion of which shall be refunded or prorated. Upon receipt of an application, the department shall conduct such investigation as it deems necessary to determine that the applicant and the individuals who direct the affairs or establish policy for the applicant, including the officers, directors, or the equivalent, are of good character and ethical reputation; that the applicant and such persons meet the requirements of subsection (d) of Code Section 7-1-1004; that the applicant and such persons demonstrate reasonable financial responsibility; that the applicant has and maintains a registered agent for service in this state; and the applicant and such persons are qualified by education and experience to present courses directly related to the mortgage brokering process. (d) All education providers approved under this Code section shall be required to file a renewal application on an annual basis in writing, under oath, and in such a form as the department may prescribe. A fee established by the department shall be paid with each renewal application, which fee shall not be refunded or prorated. Failure to file a renewal application shall result in the education provider being removed from the department list of approved mortgage education providers. (e) The department may audit or investigate course offerings of the applicant or approved mortgage education provider as it deems necessary and without cost to the department.
7-1-1004. (a) Upon receipt of an application for license or registration, the department shall conduct such investigation as it deems necessary to determine that the mortgage broker and mortgage lender applicant and the individuals who direct the affairs or establish policy for the mortgage broker and mortgage lender applicant, including the officers, directors, or the equivalent, are of good character and ethical reputation; that the mortgage broker and mortgage lender applicant is not disqualified for licensure as a result of adverse administrative civil or criminal findings in any jurisdiction; that the mortgage broker and mortgage lender applicant and such persons meet the requirements of subsection (d)(h) of this Code section; that the mortgage broker and mortgage lender applicant and such persons demonstrate reasonable financial responsibility; that the mortgage broker and mortgage lender applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the mortgage broker and mortgage lender applicant has and maintains a registered agent for service in this state.

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(b) The department shall not license or register any mortgage broker and mortgage lender applicant unless it is satisfied that the mortgage broker and mortgage lender applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state. (c) The department may establish by rule or regulation minimum education or experience requirements for an applicant for a mortgage broker license or renewal of such a license. (d) Upon receipt of an application for a mortgage loan originator license, the department shall conduct such investigation as it deems necessary to determine that the mortgage loan originator applicant:
(1) Has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that a subsequent formal vacation of such revocation shall not be deemed a revocation; (2) Has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court; provided, however, that any pardon of a conviction shall not be a conviction for purposes of this subsection; (3) Has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a determination that the mortgage loan originator will operate honestly, fairly, and efficiently within the purposes of this article; (4) Has completed the prelicensing education requirement described in subsection (e) of this Code section; (5) Has passed a written test that meets the test requirement described in subsection (f) of this Code section; and (6) Has met the surety bond requirement pursuant to subsection (c) of Code Section 7-1-1003.2. (e)(1) An individual shall complete at least 20 hours of prelicensing education courses reviewed and approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a prelicensing education course shall include review and approval of the course provider. The 20 hours of prelicensing education shall include at least:
(A) Three hours of federal law and regulations; (B) Three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; and (C) Two hours of training related to lending standards for the nontraditional mortgage product marketplace. (2) Nothing in this subsection shall preclude any prelicensing education course, as approved by the Nationwide Mortgage Licensing System and Registry, that is provided by the employer of the mortgage loan originator applicant or an entity which is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such employer or entity.

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(3) Prelicensing education may be offered either in a classroom, online, or by any other means approved by the Nationwide Mortgage Licensing System and Registry. (4) The prelicensing education requirements approved by the Nationwide Mortgage Licensing System and Registry in paragraph (1) of this Code section for any state shall be accepted as credit towards completion of prelicensing education requirements in Georgia. (5) A person previously licensed under this article subsequent to January 1, 2010, applying to be licensed again shall prove that they have completed all of the continuing education requirements for the year in which the license was last held. (f)(1) In order to meet the written test requirement referred to in subsection (d) of this Code section for mortgage loan originators, an individual shall pass, in accordance with the standards established under this subsection, a qualified written test developed by the Nationwide Mortgage Licensing System and Registry and administered by a test provider approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. (2) A written test shall not be treated as a qualified written test for purposes of this subsection unless the test adequately measures the applicant's knowledge and comprehension in appropriate subject areas, including:
(A) Ethics; (B) Federal law and regulation pertaining to mortgage origination; (C) State law and regulation pertaining to mortgage origination; and (D) Federal and state law and regulation, including instruction on fraud, consumer protection, the nontraditional mortgage marketplace, and fair lending issues. (3) Nothing in this subsection shall prohibit a test provider approved by the Nationwide Mortgage Licensing System and Registry from providing a test at the location of the employer of the applicant or the location of any subsidiary or affiliate of the employer of the applicant or the location of any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator. (4)(A) An individual shall not be considered to have passed a qualified written test unless the individual achieves a test score of not less than 75 percent correct answers to questions. (B) An individual may retake a test three consecutive times with each consecutive taking occurring at least 30 days after the preceding test. (C) After failing three consecutive tests, an individual shall wait at least six months before taking the test again. (D) A licensed mortgage loan originator who fails to maintain a valid license for a period of five years or longer shall retake the test, not taking into account any time during which such individual is a registered mortgage loan originator. (g)(1) In order to meet the annual continuing education requirements referred to in paragraph (2) of subsection (e) of Code Section 7-1-1005, a licensed mortgage loan originator shall complete at least eight hours of education approved in accordance with paragraph (2) of this subsection which shall include at least: (A) Three hours of federal law and regulations;

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(B) Two hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; and (C) Two hours of training related to lending standards for the nontraditional mortgage product marketplace. (2) For purposes of paragraph (1) of this subsection, continuing education courses shall be reviewed and approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a continuing education course shall include review and approval of the course provider. (3) Nothing in this subsection shall preclude any education course from approval by the Nationwide Mortgage Licensing System and Registry that is provided by the employer of the mortgage loan originator or any entity which is affiliated with the mortgage loan originator by an agency contact, or any subsidiary or affiliate of such employer or entity. (4) Continuing education may be offered either in a classroom, online, or by any other means approved by the Nationwide Mortgage Licensing System and Registry. (5) A licensed mortgage loan originator, except for as provided for in paragraph (9) of this subsection and subsection (f) of Code Section 7-1-1005, shall only receive credit for a continuing education course in the year in which the course is taken and shall not take the same approved course in the same or successive years to meet the annual requirements for continuing education. (6) A licensed mortgage loan originator who is an approved instructor of an approved continuing education course may receive credit for the licensed mortgage loan originator's own annual continuing education requirement at the rate of two hours of credit for every one hour taught. (7) An individual having successfully completed the education requirements approved by the Nationwide Mortgage Licensing System and Registry in paragraph (1) of this subsection for any state shall be accepted as credit towards completion of continuing education requirements in Georgia. (8) A licensed mortgage loan originator who subsequently becomes unlicensed shall complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license. (9) An individual meeting the requirements of paragraphs (1) and (3) of subsection (e) of Code Section 7-1-1005 may make up any deficiency in continuing education as established by rule or regulation of the department. (d)(h) The department may shall not issue or may revoke a license or registration if it finds that the mortgage loan originator, mortgage broker, or mortgage lender applicant or licensee, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the mortgage broker or mortgage lender applicant, registrant, or licensee or any individual who directs the affairs or establishes policy for the mortgage broker or mortgage lender applicant, registrant, or licensee, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person

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shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, unless and until such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had occurred or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state state's pardoning body in the jurisdiction where the conviction occurred. Any pardon of a conviction shall not be a conviction for purposes of this subsection. (e)(i) The department shall be authorized to obtain conviction data with respect to any mortgage loan originator, mortgage broker, or mortgage lender applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the mortgage broker or mortgage lender applicant and any individual who directs the affairs of the company or establishes policy. The department shall may directly submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, together with the required records search fees and such other information as may be required. Fees for background checks that the department administers shall be sent to the department by applicants and licensees together with the fingerprints. Applicants and Mortgage broker and mortgage lender applicants, licensees, and registrants shall have the primary responsibility for obtaining background checks of covered employees which are defined as employees who work in this state and also have the authority to enter, delete, or verify any information on any mortgage loan application form or document. The department shall, however, retain the right to obtain conviction data on covered employees. (j) In connection with an application for licensing with respect to any mortgage loan originator applicant, mortgage broker, or lender applicant, at the direction of the department, the applicant shall at a minimum, furnish to the Nationwide Mortgage Licensing System and Registry information concerning the applicant's identity, including:
(1) Fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information for a state, national, and international criminal history background check; and (2) Personal history and experience in a form prescribed by the Nationwide Mortgage Licensing System and Registry, including the submission of authorization for the Nationwide Mortgage Licensing System and Registry and the department to obtain;

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(A) An independent credit report obtained from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act, 15 U.S.C. Section 1681a(f); and (B) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction. (3) For the purposes set forth in this subsection and in order to reduce the points of contact which the Federal Bureau of Investigation may have to maintain for purposes of such section, the department may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting information from and distributing information to the Department of Justice or any governmental agency. (4) For the purposes of this subsection and in order to reduce the points of contact which the department may have to maintain for purposes of such subsection, the department may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting and distributing information to and from any source so directed by the department. (f)(k) Every mortgage broker and mortgage lender licensee, registrant, and applicant shall be authorized and required to obtain background checks on covered employees. Such background checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and the rules and regulations of the Georgia Crime Information Center. Licensees, registrants, and applicants shall be responsible for any applicable fees charged by the center. A background check must shall be initiated for a person in the employ of a licensee, registrant, or applicant within ten days of the date of initial hire and be completed with satisfactory results within the first 90 days of employment. This provision does shall not apply to directors, officers, partners, agents, or ultimate equitable owners of 10 percent or more or to persons who direct the company's affairs or establish policy, whose background must shall have been investigated through the department before taking office, beginning employment, or securing ownership. Upon receipt of information from the Georgia Crime Information Center that is incomplete or that indicates an employee has a criminal record in any state other than Georgia, the employer shall submit to the department two complete sets of fingerprints of such person, together with the applicable fees and any other required information. The department shall submit such fingerprints as provided in subsection (e)(i) of this Code section. (g)(l) Upon receipt of fingerprints, fees, and other required information, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department or by the applicant, registrant, or licensee shall be used by the party requesting such data for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be

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privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. The department shall be entitled to review any applicant's, registrant's, or licensee's files to determine whether the required background checks have been run and whether all covered employees are qualified. The department shall be authorized to discuss the status of employee background checks with licensees. All such records shall be maintained by the department and the applicant or licensee or registrant pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding, verdict, or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought, subject to the conditions set forth in subsection (d)(h) of this Code section. Violation of this Code section may subject a licensee or registrant to the revocation of its license or registration. (m) In connection with an application for licensing or registration under this Code section, the department may use the Nationwide Mortgage Licensing System and Registry, when such service is available, as a channeling agent for the submission of fingerprints to the Federal Bureau of Investigation and any governmental agency or entity authorized to receive such information for a state, national, and international criminal history background check. The department is authorized to set forth rules and regulations in order to implement the provisions of this subsection. (h)(n) The department may deny or revoke a license or registration or otherwise restrict a license or registration if it finds that the mortgage broker or mortgage lender applicant or any person who is a director, officer, partner, or ultimate equitable owner of 10 percent or more or person who directs the company's affairs or who establishes policy of the applicant has been in one or more of these roles as a mortgage lender, broker, or registrant whose license or registration has been denied, revoked, or suspended within three five years of the date of the application. (i)(o) The department may shall not issue a license or registration to and may revoke a license or registration from an a mortgage broker or mortgage lender applicant, or licensee, or registrant if such person employs any other person against whom a final cease and desist order has been issued within the preceding five years, if such order was based on a violation of Code Section 7-1-1013 or based on the conducting of a mortgage business; for a violation of Code Section 7-1-1002, subsection (h) of Code Section 7-1-1004, or Code Section 7-1-1013; without a required license, or whose license has been was revoked within five years of the date such person was hired. Each mortgage broker and mortgage lender applicant, and licensee, and registrant shall, before hiring an employee, examine the department's public records to determine that such employee is not subject to the type of cease and desist order described in this subsection. (j)(p) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license or registration.

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(k)(q) A person shall not be indemnified for any act covered by this article or for any fine or penalty incurred pursuant to this article as a result of any violation of the law or regulations contained in this article, due to the legal form, corporate structure, or choice of organization of such person, including, but not limited to, a limited liability company.
7-1-1004.1. Each mortgage broker and mortgage lender shall submit to the Nationwide Mortgage Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the department and the Nationwide Mortgage Licensing System and Registry may require.
7-1-1004.2. The department shall establish a process whereby licensees may challenge information entered into the Nationwide Mortgage Licensing System and Registry by the department.
7-1-1004.3. The unique identifier of any person originating a residential mortgage loan shall be clearly shown on all residential mortgage loan application forms, solicitations, or advertisements, including business cards, websites, and any other documents as established by rule, regulation, or order of the department.
7-1-1005. (a) Except as otherwise specifically provided in this article, all licenses and registrations issued pursuant to this article shall expire on June 30 December 31 of each year, and application for renewal shall be made annually on or before April 1 December 1 of each year. (b) Any licensee or registrant making proper application, including all supporting documents, demonstration that all necessary continuing education has been successfully completed, moneys owed to the department, and all applicable fees required by this article and any regulations promulgated by the department, for a license or registration renewal to operate during the following license year and filing the application prior to April 1 December 1 shall be permitted to continue to operate pending final approval or disapproval of the application for the license or registration renewal for the following year if final approval or disapproval is not granted prior to July 1 January 1. (c) No investigation fee shall be payable in connection with the renewal application, but an annual license or registration fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved. (d) Any person holding a license or registration pursuant to this article who fails to file a proper application for a license or registration renewal for the following license year, including the proper fee accompanying the application, on or before April 1 December

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1 and who files an application after April 1 December 1 may be required to pay, in addition to the license or registration fees, a fine in an amount to be established by regulations promulgated by the department. (e) The minimum standards for license renewal for mortgage loan originators shall include:
(1) The mortgage loan originator continues to meet the minimum standards for license issuance; (2) The mortgage loan originator has satisfied the annual continuing education requirements; and (3) The mortgage loan originator has paid all required fees for renewal of the license. (f) The license of a mortgage loan originator failing to satisfy the minimum standards for license renewal shall expire. The department may adopt procedures for the reinstatement of expired licenses consistent with the standards established by the Nationwide Mortgage Licensing System and Registry.
7-1-1006. (a) Each license issued under this article shall state the name of the licensee. (b) A licensee shall post a copy of such license in a conspicuous place in each place of business of the licensee. (c) A license may shall not be transferred or assigned. (d) No licensee shall transact business under any name or names other than that those designated in the license records of the department. (e) For mortgage brokers and mortgage lenders, each Each licensee shall notify the department in writing of any change in the address of the principal place of business or of any additional location of business in Georgia, any change in registered agent or registered office, any change of executive officer, contact person for consumer complaints, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensee's financial statement. Notice of changes must shall be received by the department no later than 30 business days after the change is effective. (f) No licensee mortgage broker or mortgage lender shall open a new additional office in Georgia without prior approval of the department. Applications for such additional office shall be made in writing on a form prescribed by the department and shall be accompanied by payment of a $350.00 nonrefundable application fee. The application shall be approved unless the department finds that the applicant has not conducted business under this article efficiently, fairly, in the public interest, and in accordance with law. The application shall be deemed approved if notice to the contrary has not been mailed by the department to the applicant within 45 days of the date the application is received by the department. (g) All branch managers in Georgia must shall be approved by the department. A licensee mortgage broker or mortgage lender may place a new branch manager subject to the department's approval but must shall file for approval within 15 days of the

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placement and must shall remove the person immediately should the department deny approval.
7-1-1007. (a) A licensee shall give notice to the department by registered or certified mail or statutory overnight delivery of any action which may be brought against it by any creditor or borrower where such action is brought under this article, involves a claim against the bond filed with the department for the purposes of compliance with Code Section 7-1-1003 7-1-1003.2 or 7-1-1004, or involves a claim for damages in excess of $25,000.00 for a mortgage broker or mortgage loan originator and $250,000.00 for a lender and of any judgment which may be entered against it by any creditor or any borrower or prospective borrower, with details sufficient to identify the action or judgment, within 30 days after the commencement of any such action or the entry of any such judgment. (b) A corporate surety shall, within ten days after it pays any claim to any claimant, give notice to the department by registered or certified mail or statutory overnight delivery of such payment with details sufficient to identify the claimant and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee mortgage loan originator, mortgage broker, or mortgage lender shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Code Section 7-1-1003 7-1-1003.2 or 7-1-1004 or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof. (c) A bond filed with the department for the purpose of compliance with Code Section 7-1-1003 7-1-1003.2 or 7-1-1004 may shall not be canceled by either the licensee mortgage loan originator, mortgage broker, or mortgage lender or the corporate surety except upon notice to the department by registered or certified mail or statutory overnight delivery with return receipt requested, the cancellation to be effective not less than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation. (d) A licensee or registrant shall, within ten days after knowledge of the event, report in writing to the department:
(1) Any knowledge or discovery of an act prohibited by Code Section 7-1-1013; and (2) The discharge of any employee for dishonest or fraudulent acts; and (3) Any administrative, civil, or criminal action initiated against the licensee, registrant, or any of its control persons by any government entity. Any person reporting such an event shall be protected from civil liability as provided in Code Section 7-1-1009.
7-1-1008. (a) Except as provided in this Code section, no person shall acquire directly or indirectly 10 percent or more of the voting shares of a corporation or 10 percent or

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more of the ownership of any other entity licensed to conduct business as a mortgage broker or mortgage lender under this article unless it first:
(1) Files an application with the department in such form as the department may prescribe from time to time; (2) Delivers such other information to the department as the department may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors and officers, if a corporation, and its members, if applicable, and of any proposed new directors, officers, or members of the licensee; and (3) Pays such application fee as the department may prescribe. (b) Upon the filing and investigation of an application, the department shall permit the applicant to acquire the interest in the mortgage broker or mortgage lender licensee if it finds that the applicant and its members, if applicable, its directors and officers, if a corporation, and any proposed new directors and officers have the financial responsibility, character, reputation, experience, and general fitness to warrant belief that the business will be operated efficiently and fairly, in the public interest, and in accordance with law. The department shall grant or deny the application within 60 days from the date a completed application accompanied by the required fee is filed unless the period is extended by order of the department reciting the reasons for the extension. If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial. (c) The provisions of this Code section shall not apply to: (1) The acquisition of an interest in a licensee directly or indirectly, including an acquisition by merger or consolidation by or with a person licensed by this article or a person exempt from this article under Code Section 7-1-1001; (2) The acquisition of an interest in a mortgage broker or mortgage lender licensee directly or indirectly, including an acquisition by merger or consolidation by or with a person affiliated through common ownership with the licensee; or (3) The acquisition of an interest in a mortgage broker or mortgage lender licensee by a person by bequest, descent, or survivorship or by operation of law. The person acquiring an interest in a mortgage broker or mortgage lender licensee in a transaction which is exempt from filing an application by this subsection shall send written notice to the department of such acquisition within 30 days of the closing of such transaction.
7-1-1009. (a) Any person Mortgage brokers and mortgage lenders required to be licensed or registered under this article shall maintain at its their offices or such other location as the department shall permit such books, accounts, and records as the department may reasonably require in order to determine whether such person is mortgage brokers and mortgage lenders are complying with the provisions of this article and rules and regulations adopted in furtherance thereof. Such books, accounts, and records shall be maintained separately and distinctly from any other personal or unrelated business matters in which the person is mortgage brokers and mortgage lenders are involved.

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(b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, business, premises, and records of any person mortgage broker or mortgage lender required to be licensed or registered under this article insofar as such affairs, business, premises, and records pertain to any business for which a license or registration is required by this article. Notwithstanding the provisions of this subsection, the department has the discretion to examine a person mortgage broker or mortgage lender less frequently, provided that its record of complaints, comments, or other information demonstrates that person's mortgage broker's or mortgage lender's ability to meet the standards of Code Sections 7-1-1003, 7-1-1003.2, and 7-1-1004. In the case of registrants, the department shall not be required to conduct such examinations if it determines that the registrant has been adequately examined by another bank regulatory agency. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and produced by other state or federal agencies, unless the department determines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article. (c) In addition to any authority allowed under this article, the department shall be authorized to conduct investigations and examinations of mortgage loan originators as follows:
(1) For purposes of initial licensing, license renewal, license suspension, license conditioning, license revocation or termination, or general or specific inquiry or investigation to determine compliance with this article, the department shall have the authority to access, receive, and use any books, accounts, records, files, documents, information, or evidence, including, but not limited to:
(A) Criminal, civil, and administrative history information, including nonconviction data; (B) Personal history and experience information, including independent credit reports obtained from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act, 15 U.S.C. Section 1681a(f); and (C) Any other documents, information, or evidence the department deems relevant to the inquiry or investigation regardless of the location, possession, control, or custody of such documents, information, or evidence; (2) For the purposes of investigating violations or complaints, or for the purposes of examination, the department may review, investigate, or examine any mortgage loan originator licensee, individual, or person subject to this article as often as necessary in order to carry out the purposes of this article. The department may direct, subpoena, or order the attendance of and examine under oath all persons whose testimony may be required about the loans or the business or subject matter of any such examination or investigation and may direct, subpoena, or order such person to produce books, accounts, records, files, and any other documents the department deems relevant to the inquiry;

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(3) Each mortgage loan originator licensee, individual, or person subject to this article shall make available to the department upon request the books and records relating to the activities of a mortgage loan originator; (4) Each mortgage loan originator subject to this article shall make or compile reports or prepare other information as directed by the commissioner in order to carry out the purposes of this subsection, including, but not limited to:
(A) Accounting compilations; (B) Information lists and data concerning loan transactions in a format prescribed by the department; or (C) Use, hire, contract, or employ public or privately available analytical systems, methods, or software to examine or investigate a mortgage loan originator; (5) In making any examination or investigation authorized by this article, the department may control access to any documents and records of the licensee or person under investigation. In order to carry out the purposes of this Code section, the department may: (A) Enter into agreements or relationships with other government officials or regulatory associations in order to improve efficiencies and reduce regulatory burden by sharing resources, standardized or uniform methods or procedures, and documents, records, information, or evidence obtained under this Code section; (B) Accept and rely on examination or investigation reports made by other government officials, within or without this state; and (C) Accept audit reports made by an independent certified public accountant for the licensee, individual, or person subject to this article in the course of that part of the examination covering the same general subject matter as the audit and may incorporate the audit report in the report of examination, report of investigation, or other writing of the department; (6) The authority to investigate provided for in this subsection shall remain in effect whether such licensee, individual, or person subject to this article acts or claims to act under any licensing or registration law of this state or claims to act without such authority; and (7) No mortgage loan originator licensee, individual, or person subject to investigation or examination under this article shall knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, computer records, or other information. (c)(d) The department, at its discretion, may: (1) Make such public or private investigations within or outside of this state as it deems necessary to determine whether any person has violated or is about to violate this article or any rule, regulation, or order under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated;

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(3) Disclose information concerning any violation of this article or any rule, regulation, or order under this article, provided the information is derived from a final order of the department; and (4) Disclose the imposition of an administrative fine or penalty under this article. (d)(e)(1) For the purpose of conducting any investigation as provided in this Code section, the department shall have the power to administer oaths, to call any party to testify under oath in the course of such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes, the department is authorized to issue a subpoena for any witness or for the production of documentary evidence. Such subpoenas may be served by certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address, by examiners appointed by the department, 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 paper resides or is found. The required fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the department in the same manner that other expenses of the department are paid. (2) The department may issue and apply to enforce subpoenas in this state at the request of a government agency regulating mortgage lenders or brokers of another state if the activities constituting the alleged violation for which the information is sought would be a violation of this article if the activities had occurred in this state. (e)(f) In case of refusal to obey a subpoena issued under this article to any person, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court. (f)(g) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-170. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70 and in paragraphs (3) and (4) of subsection (c)(d) of this Code section, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such limited information as is necessary to conduct a civil or administrative investigation or proceeding. The department shall compile information on the number of written complaints received on all licensees. The department shall annually disclose to the public the number of such complaints together with the number of Georgia residential mortgage loans made during the same period. In preparing the disclosure, the department shall be authorized to rely upon the number of mortgage loans reported to it in the mortgage license renewal application. Information contained in the records of the department which is not confidential and may be made available to the public

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either on the department's website or upon receipt by the department of a written request shall include:
(1) For mortgage brokers and mortgage lenders, the The name, business address, and telephone, fax, and license numbers of a licensee or registrant; (2) For mortgage brokers and mortgage lenders, the The names and titles of the principal officers; (3) For mortgage brokers and mortgage lenders, the The name of the owner or owners thereof; (4) For mortgage brokers and mortgage lenders, the The business address of a licensee's or registrant's agent for service; and (5) The terms of or a copy of any bond filed by a licensee or registrant. (g)(h) In the absence of malice, fraud, or bad faith, a person is not shall not be subject to civil liability arising from the filing of a complaint with the department or furnishing other information required by this Code section or required by the department under the authority granted in this article. No civil cause of action of any nature shall arise against such person: (1) For any information relating to suspected prohibited acts furnished to or received from law enforcement officials, their agents, or employees or to or from other regulatory or licensing authorities; (2) For any such information furnished to or received from other persons subject to the provisions of this title; or (3) For any such information furnished in complaints filed with the department. (h)(i) The commissioner or any employee or agent is not shall not be subject to civil liability, and no civil cause of action of any nature exists against such persons arising out of the performance of activities or duties under this article or by publication of any report of activities under this Code section.
7-1-1010. (a) If a mortgage broker is a United States Department of Housing and Urban Development loan correspondent, such broker must shall also submit to the department the audit that is required for the United States Department of Housing and Urban Development. The department may require the mortgage broker to have made an audit of the books and affairs of the licensed or registered business and submit to the department an audited financial statement if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of this article and the rules and regulations adopted in furtherance of this article. (b) Each mortgage lender licensed or registered under this article shall at least once each year have made an audit of the books and affairs of the licensed or registered business and submit to the department at renewal an audited financial statement, except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or registrant which is prepared in accordance with generally accepted

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accounting principles. A lender who utilizes a bond in lieu of an audit need not supply such audit, unless specially required by the department. An audit must shall be less than 15 months old to be acceptable. The department may by regulation establish additional minimum standards for audits and reports under this Code section.
7-1-1011. (a) The department may, by regulation, prescribe annual fees to be paid by licensees and registrants, which fees shall be set at levels necessary to defray costs and expenses incurred by the state in providing the examinations and supervision required by this article and its federally mandated participation in the Nationwide Mortgage Licensing System and Registry, and which fees may vary according to whether a person is a licensee or registrant or is a mortgage loan originator, mortgage broker, or a mortgage lender and according to the class of license issued to a mortgage broker or mortgage lender.
(b)(1) As used in this subsection, the term 'collecting agent' means the person listed as the secured party on a security deed or other loan document that establishes a lien on the residential real property taken as collateral at the time of the closing of the mortgage loan transaction. (2) There shall be imposed on the closing of every mortgage loan subject to regulation under this article which, as defined in Code Section 7-1-1000, includes all mortgage loans, whether or not closed by a mortgage broker or mortgage lender licensee or registrant, a fee of $6.50. The fee shall be paid by the borrower to the collecting agent at the time of closing of the mortgage loan transaction. The collecting agent shall remit the fee to the department at the time and in the manner specified by regulation of the department. Revenue collected by the department pursuant to this subsection shall be deposited in the general fund of the state. (3) The fee imposed by this subsection shall be a debt from the borrower to the collecting agent until such assessment is paid and shall be recoverable at law in the same manner as authorized for the recovery of other debts. Any collecting agent who neglects, fails, or refuses to collect the fee imposed by this subsection shall be liable for the payment of the fee.
7-1-1012. Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article, to effectuate the purposes of this article, and to clarify the meaning of terms.
7-1-1013. It is shall be prohibited for any person transacting a mortgage business in or from this state, including any person required to be licensed or registered under this article and any person exempted from the licensing or registration requirements of this article under Code Section 7-1-1001, to:

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(1) Misrepresent the material facts, make false statements or promises, or submit false statements or documents likely to influence, persuade, or induce an applicant for a mortgage loan, a mortgagee, or a mortgagor to take a mortgage loan, or, through agents or otherwise, pursue a course of misrepresentation by use of fraudulent or unauthorized documents or other means to the department or anyone; (2) Misrepresent or conceal or cause another to misrepresent or conceal material factors, terms, or conditions of a transaction to which a mortgage lender or broker is a party, pertinent to an applicant or application for a mortgage loan or a mortgagor; (3) Fail to disburse funds in accordance with a written commitment or agreement to make a mortgage loan; (4) Improperly refuse to issue a satisfaction of a mortgage loan; (5) Fail to account for or deliver to any person any personal property obtained in connection with a mortgage loan such as money, funds, deposit, check, draft, mortgage, or other document or thing of value which has come into the possession of the mortgage lender or broker a licensee or registrant and which is not the property of the mortgage lender or broker licensee or registrant, or which the mortgage lender or broker is not in law or at equity entitled to retain; (6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection with the attempted or actual making of, purchase of, transfer of, or sale of any mortgage loan; (7) Engage in any fraudulent home mortgage underwriting practices; (8) Induce, require, or otherwise permit the applicant for a mortgage loan or mortgagor to sign a security deed, note, loan application, or other pertinent financial disclosure documents with any blank spaces to be filled in after it has been signed, except blank spaces relating to recording or other incidental information not available at the time of signing; (9) Make, directly or indirectly, any residential mortgage loan with the intent to foreclose on the borrower's property. For purposes of this paragraph, there is shall be a presumption that a person has made a residential mortgage loan with the intent to foreclose on the borrower's property if the following circumstances can be demonstrated:
(A) Lack of substantial benefit to the borrower; (B) Lack of probability of full payment of the loan by the borrower; and (C) A significant proportion of similarly foreclosed loans by such person; (10) Provide an extension of credit or collect a mortgage debt by extortionate means; or (11) Purposely withhold, delete, destroy, or alter information requested by an examiner of the department or make false statements or material misrepresentations to the department or the Nationwide Mortgage Licensing System and Registry or in connection with any investigation conducted by the department or another governmental agency.

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7-1-1014. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purposes of this article, the department shall promulgate regulations governing the disclosure required to be made to applicants for mortgage loans, including, without limitation, the following requirements:
(1) Any person required to be licensed or registered under this article shall provide to each applicant for a mortgage loan prior to accepting an application fee or any thirdparty fee such as a property appraisal fee, credit report fee, or any other similar fee a disclosure of the fees payable and the conditions under which such fees may be refundable; (2) Any mortgage lender required to be licensed or registered under this article shall make available to each applicant for a mortgage loan at or before the time a commitment to make a mortgage loan is given a written disclosure of the fees to be paid in connection with the commitment and the loan, or the manner in which such fees shall be determined and the conditions under which such fees may be refundable; and (3) Any mortgage lender required to be licensed or registered under this article shall disclose to each borrower of a mortgage loan that failure to meet every condition of the mortgage loan may result in the loss of the borrower's property through foreclosure. The borrower shall be required to sign the disclosure at or before the time of the closing of the mortgage loan. The department may prescribe standards regarding the accuracy of required disclosures and may provide for applicable administrative or civil penalties or fines for failure to provide the disclosures or to meet the prescribed standards.
7-1-1015. The department may promulgate rules with respect to the placement in escrow accounts by any person required to be licensed or registered by this article of any money, fund, deposit, check, or draft entrusted to it by any persons dealing with it as a residential mortgage loan originator, mortgage broker, mortgage lender, or servicer.
7-1-1016. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purpose of this article, the department shall prescribe regulations governing the advertising of mortgage loans, including, without limitation, the following requirements:
(1)(A) Advertisements for loans regulated under this article may shall not be false, misleading, or deceptive. No person whose activities are regulated under this article may shall advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way 'recommended,' 'approved,' 'set,' or 'established' by the state or this article;. (B) An advertisement shall not include an individual's loan number, loan amount, or other publicly available information unless it is clearly and conspicuously stated

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in bold-faced boldface type at the beginning of the advertisement that the person disseminating it is not authorized by, in sponsorship with, or otherwise affiliated with the individual's lender, which shall be identified by name. Such an advertisement shall also state that the loan information contained therein was not provided by the recipient's lender.; (2) All advertisements, including websites, disseminated by a licensee or a registrant in this state by any means shall contain the name, license number, Nationwide Mortgage Licensing System and Registry unique identifier, and an office address of such licensee or registrant, which shall conform to a name and address on record with the department; and (3) No mortgage broker or mortgage lender licensee shall advertise its services in Georgia in any media disseminated in this state, whether print or electronic, without the words 'Georgia Residential Mortgage Licensee' or, for those advertisers licensed in more than one state, a listing of Georgia as a state in which the advertiser is licensed.
7-1-1017. (a)(1) The department may suspend or revoke an original or renewal license, registration, or mortgage broker education approval on any ground on which it might refuse to issue an original license, registration, or approval or for a violation of any provision of this article or of Chapter 6A of this title or any rule or regulation issued under this article or under Chapter 6A of this title, including failure to provide fees on a timely basis, or for failure of the licensee or registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's or registrant's business in this state as a mortgage loan originator, mortgage lender, or mortgage broker or for violation of a final order previously issued by the department. (2) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is shall be sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this article. The department shall be permitted to share, without liability, information on its applications or other forms with appropriate state agencies to assist them in recovering child support when required by law. (3) Where an applicant or licensee has been found to be a borrower in default as provided in Code Section 20-3-295, such action is shall be sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this article.
(b) Notice of the department's intention to enter an order denying an application for a license or registration under this article or of an order suspending or revoking a license or registration under this article shall be given to the applicant, licensee, or registrant in

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writing, sent by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant, licensee, or registrant. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, or revocation under this article, the applicant, licensee, or registrant may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license or registration shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant, licensee, or registrant. If a person refuses to accept service of the notice or order by registered or certified mail or statutory overnight delivery, the notice or order shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service; and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the notice or order. This liability shall be paid upon notice and demand by the commissioner or the commissioner's representative and shall be assessed and collected in the same manner as other fees or fines administered by the commissioner. (c) A licensee or registrant may, at the discretion of and with the consent of the department, agree to a voluntary suspension of its license or registration for a period of time to be agreed upon by the parties. Such order of suspension shall be considered a final order and shall be forwarded to the licensee or registrant in the same manner as any other final order. Grounds for such a voluntary suspension shall be the same as provided in subsection (a) of this Code section, and the licensee or registrant may waive its right to an administrative hearing before issuance of the suspension. With the consent of the department, a licensee or registrant may voluntarily surrender its license or registration. A voluntary surrender of a license or registration shall have the same effect as a revocation of said license or registration. A voluntary surrender of a license shall be regarded as a final order of the department. (d) A decision of the department denying a license or registration application, original or renewal, shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license or registration shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155. (e) Except as otherwise provided by law, a revocation, suspension, or surrender of a license or registration shall not impair or affect the obligation of a preexisting contract between the licensee and another person. (f) Nothing in this article shall preclude a person mortgage broker or mortgage lender whose license or registration has been suspended or revoked from continuing to service mortgage loans pursuant to servicing contracts in existence at the time of the

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suspension or revocation for a period not to exceed six months after the date of the final order of the department suspending or revoking the license or registration. (g) Whenever a person subject to an order of the department fails to comply with the terms of such order which has been properly issued, the department upon notice of three days to such person may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why such motion should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department. (h) Whenever the department initiates an administrative action against a current licensee, the department may pursue that action to its conclusion despite the fact that a licensee may withdraw its license or fail to renew it.
7-1-1018. (a) Whenever it shall appear to the department that any person required to be licensed or registered or required to file a notification statement under this article or employed by a licensee or registrant pursuant to Code Section 7-1-1001 or who would be covered by the prohibitions in Code Section 7-1-1013 has violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed person that orders them to cease doing a mortgage business without the appropriate license shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption or valid employment status during the time of the alleged offense is delivered to the department within the 30 day period, the order shall be rescinded by the department. If a cease and desist order is issued to a person who has been sent a notice of bond cancellation and if the bond is reinstated or replaced and such documentation is delivered to the department within the 30 day period following the date of issuance of the order, the order shall be rescinded. If the notice of reinstatement of the bond is not received within the 30 days, the license shall expire at the end of the 30 day period, and the person shall be required to make a new application for license and pay the applicable fees. In the case of an unlawful purchase of mortgage loans, such initial cease and desist order to a purchaser shall constitute the knowledge required under subsection (b) of Code Section 7-1-1002 for any subsequent violations. Any cease and desist order sent to the person at both his or her personal and business addresses pursuant to this Code section that is returned to the department as 'refused' or 'unclaimed' shall be deemed as received and sufficiently served.

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(b) Whenever a person shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department. (c) Any person who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the person involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (d) Initial judicial review of the decision of the department entered pursuant to this Code section or Code Section 7-1-1017 shall be available solely in the superior court of the county of domicile of the department. (e) All penalties and fines recovered by the department as authorized by subsection (g) of this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost of recovery, if it makes an accounting of all such costs and expenses of recovery in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441. (f) For purposes of this Code section, the term 'person' also includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section. (g) In addition to any other administrative penalties authorized by this article, the department may, by regulation, prescribe administrative fines for violations of this article and of any rules promulgated by the department pursuant to this article.
7-1-1019. Any person and the several members, officers, directors, agents, and employees thereof who:

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(1) Shall violate the provisions of subsection (a) of Code Section 7-1-1002, by the willful transaction of a mortgage business without a license or exemption, shall be guilty of a felony punishable as provided in Code Section 7-1-845; or (2) Shall violate any of the other provisions of this article shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one year or by a fine of not more than $1,000.00, or by both fine and imprisonment.

7-1-1020. Nothing in this article limits shall limit any statutory or common law right of any person to bring any action in any court for any act involved in the mortgage business or the right of the state to punish any person for any violation of any law. Without limiting the generality of the foregoing, nothing in this article shall be construed as limiting in any manner the application of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'

7-1-1021. The department may promulgate regulations governing the use and contents of lock-in agreements and commitment agreements."

SECTION 2. This Act shall become effective on July 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C

Y Manning Y Marin E Martin Y Maxwell Y May Y Mayo E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V

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Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Everson Y Floyd Y Fludd
Franklin Y Frazier Y Fullerton
Gardner E Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 158, nays 0.

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

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.

House of Representatives Atlanta, Georgia 30334

My machine failed to record my vote on HB 312.

/s/ Bobby Franklin

HB 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th:

A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of

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Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend provisions of the Official Code of Georgia Annotated relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to provide for a fee for a temporary license or identification card; to provide that a driver's license shall not be issued to a person with his or her license or driving privileges suspended in another state; to change the classifications for licenses issued to noncommercial classes of motor vehicles; to change the fees for certain licenses; to change requirements relating to the expiration and renewal of certain licenses; to delete the requirement that the department pay for electronic transmission of court records; to delete the requirement of notice by certified mail in certain situations; to provide for proper handling of suspensions when multiple convictions are obtained; to require permit drivers to surrender their permits upon certain convictions; to revise the requirements for submission of fingerprints; to prohibit unauthorized scanning of licenses, permits, and identification cards; to provide that the international handicapped symbol shall be displayed on identification cards issued to persons with disabilities; to revise the requirements for formatting identification cards; to amend Chapter 13 of Title 40 of Official Code of Georgia Annotated, relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to provide that every motor carrier subject to regulation by the Public Service Commission shall be provided information emphasizing that it is illegal to allow persons under the age of 21 to possess or consume alcoholic beverages while being transported; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 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 drivers' licenses and keeping and disseminating information on licensees, by revising subsection (j) as follows:
"(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section, including the promulgation of regulations limiting the retention of conviction and withdrawal information on a driving record. Notwithstanding the foregoing, any regulation relating to the retention of conviction and withdrawal information on a driving record shall apply the same retention schedule to both commercial and noncommercial drivers. In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4, reasonable fees shall be assessed for furnishing information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00."
SECTION 2. Said chapter is further amended in Code Section 40-5-21.1, relating to drivers' licenses for noncitizens and evidence of lawful presence in the United States, by revising paragraph (7) of subsection (a) and enacting a new subsection (a.1) as follows:
"(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 five years, whichever occurs first. (a.1) The fee for issuance or renewal of a temporary driver's license or identification card shall be that established in Code Sections 40-5-25 and 40-5-100 for nontemporary drivers' licenses and identification cards unless the applicant's period of authorized stay is less than five years in which case the fee shall be $5.00 for each full or partial year for which the applicant is eligible for a temporary driver's license or identification card."
SECTION 3. Said chapter is further amended in Code Section 40-5-22, relating to eligibility and requirements for issuance of drivers' licenses, by revising subsection (c) as follows:
"(c) The department shall not issue any driver's license to nor renew the driver's license of any person:
(1) Whose license has driver's license or driving privileges have been suspended during such suspension, or whose license has driver's license or driving privileges have been revoked, except as otherwise provided in this chapter; (2) Whose license is driver's license or driving privileges are currently under suspension or revocation in any other jurisdiction upon grounds which would

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authorize the suspension or revocation of a driver's license or driving privileges under this chapter; (3) Who is a habitual user of alcohol or any drug to a degree rendering him or her incapable of safely driving a motor vehicle; (4) Who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law; (5) Who is required by this chapter to take an examination, unless such person shall have successfully passed such examination; (6) Who the commissioner has good cause to believe would not, by reason of physical or mental disability, be able to operate a motor vehicle with safety upon the highway; or (7) Whose driver's license or driving privileges issued by any other jurisdiction is are suspended or revoked by such other jurisdiction during the period such license is driver's license or driving privileges are suspended or revoked by such other jurisdiction."
SECTION 4. Said chapter is further amended in Code Section 40-5-23, relating to classes of drivers' licenses, by revising subsection (c) as follows:
"(c) The noncommercial classes of motor vehicles for which operators may be licensed shall be as follows:
Class C -- Any single vehicle with a gross vehicle weight rating not in excess of 26,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, any such vehicle towing a vehicle with a gross vehicle weight rating in excess of 10,000 pounds, provided that the combination of vehicles has a gross combined vehicle weight rating not in excess of 26,000 pounds, and any self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family or personal conveyance; except that any combination of vehicles with a gross vehicle weight rating not in excess of 26,000 pounds may be operated under such class of license if such combination of vehicles are controlled and operated by a farmer, used to transport agricultural products, livestock, farm machinery, or farm supplies to or from a farm, and are not used in the operations of a common or contract carrier; Class D -- Provisional license applicable to noncommercial Class C vehicles for which an applicant desires a driver's license but is not presently licensed to drive; Class A E -- Any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds, and all vehicles included within Class B F and Class C; Class B F -- Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of 10,000 pounds, and all vehicles included within Class C;

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Class M -- Motorcycles, motor driven cycles, and three-wheeled motorcycles; Class P -- Instruction permit applicable to all types of vehicles for which an applicant desires a driver's license but is not presently licensed to drive. Any applicant for a Class A E or Class B F license must possess a valid Georgia driver's license for Class C vehicles. A license issued pursuant to this Code section shall not be a commercial driver's license."

SECTION 5. Said chapter is further amended in Code Section 40-5-25, relating to driver's license applications and fees, by revising subsections (a) and (b) as follows:
"(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. Except as provided in Code Section 40-5-21.1, the The fees shall be as established by the commissioner, not to exceed:

(1) For instruction permits for Classes A, B, C, E, F, and M driver's licenses and for Class D drivers' licenses

$ 10.00

(2) For five-year Classes A, B, C, E, F, and M noncommercial drivers'

licenses

20.00 25.00

(2.1) For ten-year eight-year Classes A, B, C, E, F, and M

noncommercial drivers' licenses

35.00 40.00

(3) For Classes A, B, C, and M commercial drivers' licenses

20.00 25.00

(4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit

35.00

(5) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses

10.00

(6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test

70.00

(7) For Classes A, B, C, and M commercial drivers' licenses, initial

issuance not requiring a road test

20.00 25.00

(8) For renewal of Classes A, B, C, and M commercial drivers' 20.00 25.00 licenses

(8.1) For renewal of five-year Classes A, B, C, E, F, and M

noncommercial drivers' licenses

20.00 25.00

(8.2) For renewal of ten-year eight-year Classes A, B, C, E, F, and M

noncommercial drivers' licenses

35.00 40.00

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(9) Initial issuance of Classes A, B, C, and M commercial drivers'

licenses and Class P commercial drivers' instruction permits shall

include all endorsement fees within the license fee. Each endorsement

added after initial licensing

5.00

The commissioner may by rule provide incentive discounts in otherwise applicable fees reflecting cost savings to the department where a license is renewed by means other than personal appearance. The discount for renewal of a Class C or Class M license shall be $5.00 and any other discounts shall be as determined by the commissioner. Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any driver's license solely due to a change of the licensee's name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within the period for which the license was originally issued. Any application for the replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the licensee's name or address submitted within 150 days of the expiration of said license shall be treated as an application for renewal subject to the applicable license fees as set forth in this subsection.
(b)(1) Each person applying for a Class P commercial or noncommercial instruction permit for a Class A, B, C, E, F, 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, or C 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."

SECTION 6. Said chapter is further amended in Code Section 40-5-28, relating to the contents of drivers' licenses and prohibition of biological identifiers, by revising subsection (a) as follows:

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"(a) The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full legal name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. The department shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application."
SECTION 7. Said chapter is further amended in Code Section 40-5-32, relating to the expiration and renewal of drivers' licenses, by revising subsection (a) as follows:
"(a)(1) Except as otherwise provided in this Code section, every driver's license shall expire on the licensee's birthday in the fifth year following the issuance of such license. Notwithstanding the foregoing, any commercial license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licensee's security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. An applicant for a Class A, B, C, E, F, or M noncommercial driver's license who is under age 60 shall at the applicant's option apply for a license which shall expire on the licensee's birthday in the fifth or tenth eighth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section.
(2) Except as otherwise provided by subsection (c) of this Code section, every veteran's or honorary license shall be valid expire on the licensee's birthday in the eighth year following the issuance thereof until the holder reaches age 65 and shall thereafter be subject to renewal pursuant to paragraph (1) of this subsection on or before his or her birthday every five years. The department may allow a veteran or honorary license holder to retain his or her expired veteran's or honorary license as a souvenir. (3) The commissioner shall issue such rules and regulations as are required to enforce this subsection."
SECTION 8. Said chapter is further amended in Code Section 40-5-53, relating to the service of notice of suspensions by courts to the department, by revising subsection (b) as follows:

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"(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state shall transmit the information contained on the uniform citation form by electronic means, using the electronic reporting method approved by the department. The department shall pay to the clerk of the court forwarding the required report 40 for each report transmitted electronically in a timely manner as required in this subsection; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court."
SECTION 9. Said chapter is further amended in Code Section 40-5-54.1, relating to drivers' license suspensions for nonpayment of child support, by revising subsection (b) 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."
SECTION 10. Said chapter is further amended in Code Section 40-5-56, relating to drivers' license suspensions for failure to appear and respond to traffic citations, 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

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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. Proof of receipt of said notice shall be admissible 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, but shall not be required to support such a charge."
SECTION 11. Said chapter is further amended in Code Section 40-5-63, relating to periods of license suspensions and conditions prior to return of license, by revising subsection (a) as follows:
"(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements of Code Section 40-5-75; and further provided that each charge for which a conviction was obtained shall be treated as a separate transaction for the purpose of imposing a license suspension hereunder, even if said convictions arise from a single incident; and further provided that the department shall treat each conviction received in the order in which said convictions are processed even if it is not the order in which said offenses occurred:"
SECTION 12. Said chapter is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising subsections (d) and (e) as follows:
"(d) Conditions attached. A limited driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions:
(1) Specific places between which the permittee may be allowed to operate a motor vehicle; (2) Routes to be followed by the permittee; (3) Times of travel; (4) The specific vehicles which the permittee may operate;

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(4.1) The installation and use of an ignition interlock device in accordance with Article 7 of Chapter 8 of Title 42, which shall be required for any permittee who is applying for an ignition interlock limited driving permit; and (5) Such other restrictions as the department may require. (e) Fees, duration, renewal, and replacement of permit. A permit issued pursuant to this Code section shall be $25.00 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 40-5-25 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 limited driving permit issued to him or her."
SECTION 13. Said chapter is further amended in Code Section 40-5-75, relating to license suspensions by operation of law for drug convictions, by enacting a new subsection (a.1) and revising subsection (i) as follows:
"(a.1) Any permittee who is convicted of violating any state law or local ordinance relating to the movement of vehicles or any permittee who is convicted of violating the conditions endorsed on his or her permit shall have his or her permit revoked by the department. Any court in which such conviction is had shall require the permittee to surrender the permit to the court, and the court shall forward it to the department within ten days after the conviction, with a copy of the conviction. Any person whose limited

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driving permit has been revoked shall not be eligible to apply for a driver's license until six months from the date such permit was surrendered to the department." "(i) Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that results in said suspension. If the person has never been issued a driver's license in the State of Georgia or holds a driver's license issued by another state, the person shall not be eligible for a driver's license for the applicable period of suspension following his or her submission of an application for issuance thereof."
SECTION 14. Said chapter is further amended in Code Section 40-5-82, relating to driver improvement clinics, by revising subsection (e) as follows:
"(e) The department shall conduct a records check for any applicant for certification as an operator, director, or instructor of a DUI Alcohol or Drug Use Risk Reduction Program. Each applicant shall submit two sets at least one set of classifiable fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit both sets of the fingerprints to the Georgia Crime Information Center, which shall submit one set of the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regarding certification requirements, including restrictions regarding misdemeanor convictions. No applicant shall be certified unless he or she is a United States citizen, or if not a citizen, he or she presents 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."
SECTION 15. Said chapter is further amended in Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and programs, by enacting a new subsection (f) as follows:
"(f)(1) Each applicant for certification to own or operate a driver improvement clinic shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the

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fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. (2) No applicant shall be certified unless he or she is a United States citizen, or if not a citizen, he or she presents 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."
SECTION 16. Said chapter is further amended in Code Section 40-5-100, relating to the issuance of identification cards by the department, by revising paragraph (9) of subsection (a), subsection (b), and paragraph (1) of subsection (c) as follows:
"(9) Location where the identification card was issued Any other information or design requirement set forth in 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq., if such identification card is intended to be compliant with such requirement;" "(b) The identification card shall be valid for a period of five or ten eight years, at the option of the applicant, and shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the social security number. (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. Notwithstanding the foregoing, no person may be issued both a driver's license and an identification card that is compliant with the requirements of 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq."
SECTION 17. Said chapter is further amended in Code Section 40-5-103, relating to identification card fees, by revising subsection (a) as follows:
"(a) Except as provided in Code Section 40-5-21.1 and subsections (b) and (c) of this Code section, the department shall collect a fee of $20.00 $25.00 for a five-year card and a fee of $35.00 $40.00 for a ten-year an eight-year card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees."
SECTION 18. Said chapter is further amended in Code Section 40-5-120, relating to unlawful use of drivers' licenses or identification cards, by deleting "or" at the end of paragraph (3), deleting the period and inserting "; or" at the end of paragraph (4), and enacting a new paragraph (5) as follows:

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"(5) Scan another person's driver's license, permit, or identification card without the person's prior knowledge and consent. If a person consents to the scanning of his or her driver's license, permit, or identification card, the information collected may be stored and used for any legitimate purpose. Each act of storage, disclosure, or usage in violation of this paragraph shall be considered a separate violation of this Code section. This prohibition shall not apply to law enforcement officers or any governmental entity that scans a driver's license, permit, or identification card to verify the contents thereof or to gather information for use for any governmental purpose."
SECTION 19. Said chapter is further amended in Code Section 40-5-150, relating to the contents of commercial drivers' licenses, including endorsements and restrictions, by revising paragraph (10) of subsection (a) as follows:
"(10) The license fee and fees for any endorsements Any other information or design requirement set forth in 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq., if such identification card is intended to be compliant with such requirement."
SECTION 20. Said chapter is further amended in Code Section 40-5-171, relating to the issuance and contents of identification cards for persons with disabilities, by revising subsection (a) and enacting a new subsection (c) as follows:
"(a) The department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, may contain a recent color photograph of the applicant and the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Location where the identification card was issued Any other information or design requirement set forth in 49 U.S.C. Section 30301 note and 6 C.F.R. Section 37.01, et seq., if such identification card is intended to be compliant with such requirement; (11) Signature of person identified or facsimile thereof; and

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(12) Such other information as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application." "(c) In addition to the information required in subsection (a) of this Code section, identification cards issued to persons with disabilities shall display the international handicapped symbol on a location designated by the department. The department may display the international handicapped symbol on any driver's license or identification card issued pursuant to the provisions of this chapter upon receipt of the required documentation from the person requesting its inclusion."
SECTION 21. Said chapter is further amended in Code Section 40-5-173, relating to the format of identification cards for persons with disabilities, by revising said Code section as follows:
"40-5-173. The face of the identification card for persons with disabilities shall prominently bear the words 'URGENT MEDICAL INFORMATION ON REVERSE.' wording selected by the department that is indicative of the presence of urgent medical information on the reverse of the card. On the reverse side of the identification card shall be a space within which the issuer of the card department shall enter such medical information as the applicant may request. The department may print the urgent medical indicator and wording on the reverse of any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion."
SECTION 22. Said chapter is further amended in Code Section 40-5-174, relating to identification cards for persons with disabilities with special transportation needs, by revising said Code section as follows:
"40-5-174. The face of the identification card for persons with disabilities shall bear the word 'TRANSPORTATION' with a box or blank space adjacent thereto. The issuer of the card department shall place an 'X' in such box or blank space if the applicant's disability creates mobility limitations which prevent him or her from climbing stairs or otherwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the identification card for persons with disabilities shall serve as sufficient proof of the need for special transportation services for persons with disabilities provided by any entity in this state. The department may print the transportation indicator on any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion."

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SECTION 23. Said chapter is further amended in Code Section 40-5-175, relating to identification cards for persons with disabilities with special seating needs at public events, by revising said Code section as follows:
"40-5-175. The identification card for persons with disabilities shall bear the word 'SEATING' with a box or blank space adjacent thereto. The issuer of the card department shall place an 'X' in such box or blank space if the applicant's disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the identification card for persons with disabilities shall be sufficient to admit the holder to seating for persons with disabilities at public events in this state. The department may print the priority seating indicator on any driver's license or identification card upon receipt of the required documentation from the person requesting its inclusion."
SECTION 24. Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to prosecution of traffic offenses, is amended in Code Section 40-13-2.1, relating to signatures required on uniform traffic citations, by enacting a new subsection (c) as follows:
"(c) The signature of any person to whom a citation is issued may be captured electronically."
SECTION 25. Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Driver Services, is amended in Code Section 40-16-4, relating to the powers and duties of the commissioner, by adding a new subsection to read as follows:
"(f) The department shall have the authority to contract and make cooperative agreements, contracts, and rental agreements with the United States government; any county, municipality, or local government, or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, including agencies of state government for any of the services, purposes, duties, responsibilities, or functions vested in the department."
SECTION 26. Chapter 12A of Title 43 of the Official Code of Georgia Annotated, relating to ignition interlock device providers, is amended in Code Section 43-12A-6, relating to eligibility to operate an ignition interlock device provider center or to provide, install, or monitor ignition interlock devices, by deleting "and" at the end of paragraph (3), deleting the period and inserting "; or" at the end of subparagraph (B) of paragraph (4), and enacting new paragraphs (5) and (6) as follows:
"(5) Shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit

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the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (6) Shall be a United States citizen, or if not a citizen, present 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."
SECTION 27. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors and operators of driver training schools, is amended in Code Section 43-13-4, relating to qualifications of driver training school operators, by deleting "and" at the end of paragraph (5), deleting the period and inserting "; and" at the end of paragraph (6), and enacting new paragraphs (7) and (8) as follows:
"(7) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (8) Be a United States citizen, or if not a citizen, present 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."
SECTION 28. Said chapter is further amended in Code Section 43-13-5, relating to qualifications for driver training school instructors, by deleting "and" at the end of paragraph (4), deleting the period and inserting "; and" at the end of paragraph (5), and enacting new paragraphs (6) and (7) as follows:
"(6) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center

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and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (7) Be a United States citizen, or if not a citizen, present 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."
SECTION 29. Said chapter is further amended in Code Section 43-13-6.1, relating to qualifications for alcohol and drug awareness program instructors, by revising said Code section as follows:
"43-13-6.1. (a) The commissioner shall be authorized to issue a special license to the instructor of any driver training school who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver training school shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. (b) Each applicant shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. (c) The commissioner shall not issue a special license to any applicant unless he or she is a United States citizen, or if not a citizen, he or she presents 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."
SECTION 30. Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to limousine carriers, is amended in Code Section 46-7-85.10, relating to eligibility for a chauffeur's permit, by revising said Code section as follows:
"46-7-85.10. In order to secure a chauffeur's permit, an applicant must provide the following information on a form provided by the commissioner of driver services. The applicant must:
(1) Be at least 18 years of age; (2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64; and

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(3)(A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five ten years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation any felony or any other crime of moral turpitude, or a pattern of misdemeanors that evidences a disregard for the law unless he or she has received a pardon and can produce evidence of same. For the purposes of this paragraph, a plea of nolo contendere shall be considered to be a conviction, and a conviction for which a person has been free from custody and free from supervision for at least ten years shall not be considered, unless the conviction is for a sexually violent offense which is contained in Code Section 421-12 or the criminal offense was committed against a victim who was a minor at the time of the offense
(B) If at the time of application the applicant is charged with any of the offenses described in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. (C) If after the issuance of a permit a person is charged with any of the offenses described in subparagraph (A) of this paragraph, the permit shall be suspended pending disposition of such charge. If the person is convicted of such charge, the permit shall be revoked. (D) For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction; (4) Submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report, and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (5) Be a United States citizen, or if not a citizen, present 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."

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SECTION 31. Said chapter is further amended by adding a new Code section to read as follows:
"46-7-92. Any carrier subject to the jurisdiction of the commission that transports passengers shall comply with the provisions of paragraph (1) of subsection (a) of Code Section 3-3-23, concerning consumption of alcoholic beverages by persons under the age of 21. The commission shall provide to all carriers under its jurisdiction that transport passengers, at the time of registration or renewal of a certificate, an informational packet emphasizing the prohibition on alcohol consumption by persons under the age of 21 while being transported by the carrier."

SECTION 32. This Act shall become effective on January 1, 2010.

SECTION 33. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black N Brooks N Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas

N Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner E Geisinger Y Glanton
Golick

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holt N Horne Y Houston Y Howard Y Hudson
Hugley N Jackson Y Jacobs Y James N Jerguson Y Johnson, C Y Johnson, T Y Jones, J E Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B

Y Manning Y Marin E Martin Y Maxwell N May Y Mayo E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A

Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton N Taylor N Teilhet Y Thomas Y Thompson Y Walker

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk
Lucas Y Lunsford N Maddox, B N Maddox, G
Mangham

Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers

Y Weldon 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 139, nays 21.

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

HB 74. 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:

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 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 48-1-2 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, 2008 2009, the provisions of the United States

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Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2008 2009, except that Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), 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 168(m), Section 168(n), Section 172(b)(1)(F), Section 172(b)(1)(J), Section 172(j), Section 199, Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), and Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(i)(1), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343. 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, 2008 2009, 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, 2008 2009, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2008 2009, 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:
"(14.3) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning after December 31, 2007, but before January 1, 2009, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2009, except that Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), 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 168(m), Section 168(n), Section 172(b)(1)(F), Section 172(b)(1)(J), Section 172(j), Section 199, Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(i)(1), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343. For such taxable years, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2009, 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."

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SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall be applicable to all taxable years beginning on or after January 1, 2009. Section 2 of this Act shall be applicable to all taxable years beginning after December 31, 2007, but before 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:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner E Geisinger Y Glanton
Golick Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Holt Y Horne Y Houston Y Howard Y Hudson Hugley Y Jackson Y Jacobs Y James Y Jerguson 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 Lindsey Y Long Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham

Y Manning Y Marin E Martin Y Maxwell Y May Y Mayo E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A
Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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1151

On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Mangham of the 94th 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 Hugley of the 133rd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
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 Motor Vehicles:
HB 23. By Representatives Ramsey of the 72nd, Rice of the 51st, Lindsey of the 54th, Williams of the 178th, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to drivers' exercise of due care; to prohibit use of cell phones by persons under 18 years of age while operating a motor vehicle; to prohibit the practice of text messaging by persons under 18 years of age while operating a motor vehicle; to provide penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 1:00 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read:
HR 536. By Representatives Greene of the 149th, Golick of the 34th, Davis of the 122nd, Black of the 174th, Smith of the 70th and others:
A RESOLUTION declaring the City of Donalsonville, located in Seminole County, Georgia, as the Gateway to Lake Seminole; and for other purposes.
HR 537. By Representative Cox of the 102nd:
A RESOLUTION recognizing and commending Glenn Ryan Branscomb; and for other purposes.
HR 538. By Representative Cox of the 102nd:
A RESOLUTION recognizing and commending Douglas Carlisle King; and for other purposes.
HR 539. By Representative Coleman of the 97th:
A RESOLUTION congratulating Duluth Middle School on winning the 2009 PAGE Academic Bowl for Middle Grades State Finals; and for other purposes.
HR 540. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Mr. Benjamin Wilson; and for other purposes.
HR 541. By Representative Allison of the 8th:
A RESOLUTION recognizing and commending Mr. Jonathan William Roach; and for other purposes.
HR 542. By Representative Lane of the 167th:
A RESOLUTION honoring and celebrating the 87th birthday of Mr. Willie Roscoe Smith; and for other purposes.

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1153

HR 543. By Representatives Lane of the 158th, Hill of the 180th, Burns of the 157th, Scott of the 153rd, Knight of the 126th and others:

A RESOLUTION congratulating Georgia Department of Natural Resources Commissioner Noel Z. Holcomb on the occasion of his retirement; and for other purposes.

HR 544. By Representative Carter of the 159th:

A RESOLUTION honoring the life and memory of Mrs. Corine Yarbrough Skipper; and for other purposes.

HR 545. By Representatives Carter of the 159th and Williams of the 165th:

A RESOLUTION honoring the life and memory of Ms. Mabel Emily Crawford Creel; and for other purposes.

HR 546. By Representatives Amerson of the 9th and Collins of the 27th:

A RESOLUTION recognizing and commending Ashley Brown; and for other purposes.

HR 547. By Representative Hill of the 21st:

A RESOLUTION honoring the life and memory of Mr. Matt Hawkins; and for other purposes.

HR 548. By Representative Brooks of the 63rd:

A RESOLUTION honoring the life and memory of Mr. James "Jim" Lee Brooks, Jr.; and for other purposes.

HR 549. By Representative Hudson of the 124th:

A RESOLUTION recognizing and commending Mr. Dennis Sanders; and for other purposes.

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

E Abdul-Salaam Abrams
Y Allison Y Amerson

Y Crawford Y Davis, H
Davis, S Dawkins-Haigler

Y Heckstall Hembree Henson
Y Hill, C

Y Manning Marin
E Martin Y Maxwell

Y Rynders Y Scott, A
Scott, M Y Sellier

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Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant E 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, D Y Collins, T Cooper Y Cox

Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Fludd E Franklin Y Frazier Y Fullerton Y Gardner E Geisinger Y Glanton Golick Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Hatfield Y Heard

Y Hill, C.A Holt
Y Horne Houston
Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson Y Johnson, C
Johnson, T Y Jones, J E Jones, S
Jordan Y Kaiser
Keen Y Keown
Knight Y Knox
Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B
Maddox, G Mangham

May Mayo E McCall Y McKillip Y Meadows Y Millar Mills Mitchell Morgan Y Morris Mosby Y Murphy Neal Y Nix Oliver O'Neal E Parham Y Parrish Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Ralston Y Ramsey Y Randall Reece Y Reese Y Rice Y Roberts Y Rogers

On the adoption of the Resolutions, the ayes were 114, nays 0.

Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Stephens, M Y Stephens, R E Stephenson Talton Y Taylor Teilhet Y Thomas Y Thompson Y Walker Weldon Y Wilkinson Willard Y Williams, A Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker

The Resolutions were adopted.

Representative Bryant of the 160th stated that 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 TUESDAY, MARCH 3, 2009

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 25th Legislative Day as enumerated below:

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DEBATE CALENDAR

Open Rule

SB 39

Taxes; provide for a 1% sales tax; transportation projects in special transportation districts within the state (Substitute)(Trans-Gardner-57th) Mullis-53rd

Modified Open Rule

None

Modified Structured Rule

HB 277 HR 206

The Georgia 2020 Transportation Act; enact (Substitute)(Trans-Smith129th) Transportation Trust Fund; create - CA (Substitute)(Trans-Smith-129th)

Structured Rule

None

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

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

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

HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:

A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust

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fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for the deposit of the proceeds of the special transportation sales and use tax into the Transportation Trust Fund; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding at the end thereof a new chapter to read as follows:
"CHAPTER 12
32-12-1. This chapter shall be known and may be cited as 'The Georgia 2020 Transportation Act.'
32-12-2. As used in this chapter, the term:
(1) 'Authority' means the State Road and Tollway Authority, created by Article 2 of Chapter 10 of this title, or another successor agency or authority which may divest the State Road and Tollway Authority of its powers. (2) 'Commission' means each metropolitan area planning and development commission activated prior to January 1, 1972, pursuant to Article 4 of Chapter 8 of Title 50.

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(3) 'Committee' means the Georgia 2020 Transportation Trust Fund Oversight Committee created by Article III, Section XI, Paragraph I of the Constitution and this chapter. (4) 'Cost of project' means the cost of construction, including relocation or adjustments of utilities; the cost of all lands, properties, rights, easements, and franchises acquired; relocation expenses; the cost of all machinery, equipment, vehicles and facilities necessary for the operation of the project; financing charges; interest prior to and during construction and for such a period of time after completion of construction as shall be deemed necessary to allow the earnings of the project to become sufficient to meet the requirements of the bond issue, if any; the cost of engineering, legal expenses, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; operation and maintenance expenses; and such other expenses as may be necessary or incident to the financing authorized in this chapter, the construction of any project, the placing of the same in operation, and the operation and maintenance of the same. 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 fund or the proceeds of revenue bonds issued under this chapter. (5) 'Project' means any item or program identified under subsection (b) or (d) of Code Section 32-12-7. Project also means any facility or property, real, personal, or intangible, the lease, purchase, construction, operation, or maintenance of which is financed in whole or in part pursuant to a program identified in such subsections. (6) 'Revenue' or 'revenues' shall mean any and all moneys deposited into the trust fund, including without limitation funds derived from the additional special transportation sales and use tax authorized by Article III, Section XI of the Constitution and Chapter 8 of Title 48. (7) 'Trust fund' means the fund created by Article III, Section XI, Paragraph I of the Constitution and administered pursuant to the provisions of this chapter.
32-12-3. (a) There is created the Georgia 2020 Transportation Trust Fund Oversight Committee to be composed of three members appointed by the Governor, one of whom shall serve in either the Georgia House of Representatives or the Georgia Senate, one from the commission area, and one from outside the commission area, four members of the Georgia Senate appointed by the Lieutenant Governor, and four members of the Georgia House of Representatives appointed by the Speaker of the House of Representatives. Two members of the committee appointed by the Lieutenant Governor and the Speaker of the House of Representatives shall be from the commission area, and two members of the committee appointed by the Lieutenant Governor and the Speaker of the House of Representatives shall be from outside the commission area. At least one member of the General Assembly appointed by each of the foregoing appointing officials shall at the time of such appointment and thereafter be a member of a political party other than that of the appointing official. Members

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shall serve during their terms of office and until their successors are appointed and qualified. (b) In the event that any vacancy for any cause shall occur in the appointed membership of the committee, such vacancy shall be filled by an appointment made by the official authorized by law to make such appointment within 45 days of the occurrence of such vacancy. (c) The committee shall, by majority vote of those members present and voting, elect from their number a chairperson and vice chairperson who shall serve at the pleasure of the committee. In like manner, the committee shall also elect a secretary, who need not necessarily be a member of the committee, and who shall also serve at the pleasure of the committee. (d) The committee shall meet in regular session at least six days each year at the state capitol in Atlanta and at such other special meetings as may be called by the chairperson or by a majority of the members of the committee upon reasonable written notice to all members of the committee. Further, the chairperson of the committee is authorized from time to time to call meetings of subcommittees of the committee which are established by committee policy and to require the attendance of a member or members of the committee at places inside or outside the state when, in the opinion of the chairperson, the member or members of the committee are needed to attend properly to the committee's business. A majority of the committee shall constitute a quorum for the transaction of all business. Except as otherwise provided in this chapter, any power of the committee may be exercised by a majority vote of those members present at any meeting at which there is a quorum. (e) Service on the committee by employees of the state shall be a separate and distinct duty for which they shall receive no additional compensation. Other members of the committee shall receive no salary for service on the committee but shall receive for each day of actual attendance at meetings of the committee and the subcommittee meetings the per diem and transportation costs prescribed in Code Section 45-7-21, and a like sum shall be paid for each day actually spent in studying the transportation needs of the state or attending other functions as a representative of the committee, not to exceed 60 days in any calendar year, but no member shall receive such per diem for any day for which such member receives any other per diem pursuant to such Code section. In addition, members shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and study. Such per diem and expense shall be paid from the funds of the authority upon presentation, by members of the committee, of vouchers approved by the chairperson and signed by the secretary. (f) The committee shall be charged with oversight of the governance and administration of the trust fund. The committee may make such recommendations to and require such reports from the State Transportation Board, the authority, any other agency or instrumentality of the state, any political subdivision of the state, and any agency or instrumentality of such political subdivisions as it may deem appropriate and necessary from time to time in the interest of the trust fund.

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(g) Beginning January 1, 2012, and annually thereafter, the committee shall provide a report to the General Assembly of its actions during the previous year. The report shall be available for public inspection on the Internet. The report shall include, but not be limited to:
(1) An update on the progress on each program listed in subsection (b) of Code Section 32-12-7, including the amount of funds spent on the program, if any; (2) An update on the amount deposited in the trust fund and the amount expended from the trust fund; and (3) A report on any new programs or projects not contained in subsection (b) of Code Section 32-12-7 that the committee has under consideration, including any concessions or public-private initiatives.
32-12-4. (a) All proceeds of the additional special transportation sales and use tax authorized by Article III, Section XI, Paragraph III of the Constitution and Chapter 8 of Title 48 for so long as such levy shall be required by Article III, Section XI, Paragraph III of the Constitution to be collected and deposited in the trust fund, and any income of investments of the trust fund, shall be deposited in the trust fund. (b) For any project or program listed in subsection (b) of Code Section 32-12-7, the authority is designated the proper entity to receive all federal-aid funds apportioned by or otherwise made available from the federal government under 23 U.S.C. (c) If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Transportation or other federal agencies, the authority is authorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the authority to comply with any requirement of the federal government in order to procure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes. (d) With respect to any preconstruction or postconstruction expenditure, contract, agreement, or action relating to a project or program listed in subsection (b) of Code Section 32-12-7 that requires compliance with federal laws and regulations, including without limitation the provisions of 23 U.S.C. Section 302 and implementing federal regulations relating thereto, the responsibility for such compliance shall be vested in the authority, acting by and through the executive director, who shall take all actions and execute all instruments reasonably necessary for compliance with such federal laws and regulations and the provisions of this chapter. (e) The authority is authorized, with the approval of the committee, to create such separate accounts within the trust fund as shall be required by law or deemed prudent and advisable from time to time, and funds deposited in any such accounts shall be deemed to be deposited in the trust fund for purposes of this chapter. (f) The authority is authorized, with the approval of the committee, to create such separate accounts outside the trust fund as shall be required by law or deemed prudent

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and advisable from time to time. All moneys received in such accounts of any nature whatsoever shall be deemed to be funds to be held in trust and applied solely for purposes of this chapter. (g) In the event that any funds of the trust fund are pledged for the payment of bonds of the authority, the bondholders paying or entitled to receive the benefits of such bonds of the authority shall have a lien on the funds of the trust fund and such subsidiary or other accounts as may be created from time to time pursuant to the provisions of this Code section until applied as provided for in any resolution or trust indenture of the authority. (h) The authority, in its discretion and with the approval of the committee, is charged with the duty of pledging, utilizing, or expending the trust fund for the following purposes:
(1) Pledges to the payment of any revenue bond issue requirements or sinking or reserve funds, as may be provided for under Article 2 of Chapter 10 of this title or other provisions of this chapter, where such bonds are issued for the financing of projects; (2) The payment of any outstanding unpaid revenue bond obligations or administrative expenses related to financing of projects; (3) The payment of costs of all or any part of projects; (4) The most advantageous obtainable redemptions and retirements of the authority's bonds issued for the financing of projects pursuant to the prepayment redemption privileges accorded to the authority upon the various issues of bonds outstanding; (5) The most advantageous open market purchase of the authority's bonds issued for the financing of projects that the authority may accomplish; (6) Investment in such securities and in such manner as it determines to be in its best interest; and (7) Subject to the terms of any resolution or trust indenture authorizing the issuance of revenue bonds for the financing of projects, if applicable, the disbursement of funds to any department, authority, instrumentality, or political subdivision of the state, with the approval of the board, to be used for the purposes of this chapter. (i) The disbursement of funds pursuant to paragraph (7) of subsection (h) of this Code section shall be subject to the provisions of Code Section 32-12-7 and to such terms and conditions as shall be imposed by the authority, with the approval of the committee. Such terms and conditions shall: (1) Be in the form of an agreement in writing between the authority and the recipient, executed by the executive director of the authority and the person or persons authorized to accept such agreement on behalf of the recipient; (2) Be entered in the minutes of the committee, the authority board, and the governing authority or board of the recipient, together with approval thereof by the committee, the authority board, and such governing authority or board; (3) Include provisions for the audit of expenditures of such disbursements and the reporting of the results of such audit to the authority, and requirements that such disbursements be expended only for purposes authorized by this chapter; and

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(4) Include provisions for the return of any part of such disbursement to the authority for deposit in the trust fund where the same is not expended and for reimbursement of the authority for any disbursements expended in substantial violation of the terms and conditions of the agreement. Unless otherwise expressly stated in a contract or other legal instrument granting a concession, all toll revenues collected by projects constructed under the provisions of paragraph (10) of subsection (b) of Code Section 32-12-7 shall be deposited in the trust fund until the amount deposited equals the amounts expended from the trust fund on such projects. (j) Disbursement of funds from the trust fund shall be by warrant of the treasurer of the authority to such operating, reserve, and other accounts as may be established from time to time for further disbursement from such accounts in accordance with procedures established by the authority and approved by the committee.
32-12-5. (a) The commissioner of transportation, the executive director of the authority, and the executive director of the Georgia Regional Transportation Authority or the commissioner or executive director of another successor agency or authority which may divest such agencies or authorities of their powers and the director of each metropolitan planning organization shall make annual recommendations to the committee for the expenditure of moneys deposited in the trust fund pursuant to the purposes authorized by this chapter. Such recommendations shall take into account:
(1) Congestion mitigation and traffic relief, including congestion mitigation and traffic relief goals established from time to time by the board of the authority and such public bodies within the state as may be authorized to establish such goals; (2) Air quality goals or requirements applicable by federal law to any region of the state; (3) Economic development needs of urban, rural, and coastal areas of the state; and (4) The efficient and economical application of available sources and methods of transportation finance to the transportation needs of the state. (b) The committee shall have the responsibility of annually allocating moneys available for the purposes of this chapter among the general categories of projects set forth in paragraph (5) of Code Section 32-12-2, subject to the provisions of Code Section 32-12-7. The authority shall have the responsibility of coordinating the negotiation and execution of such instruments and agreements as may be necessary or advisable for the disbursement of such moneys in general accordance with such annual allocation. In the event that any such proposed allocation is for any reason not feasible or practicable, it shall be the responsibility of the committee to provide for the reallocation of such allocation to a purpose provided for by this chapter taking into account the guidelines provided in paragraphs (1) through (4) of subsection (a) of this Code section. It is the intent of the General Assembly that there shall be expended from the funds deposited into the trust fund the maximum amount allowable under law in each fiscal year, subject to the provisions of this chapter.

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32-12-6. (a) The authority shall not have the power to provide for the inclusion of any project in any state transportation improvement plan, regional transportation improvement plan, or other state, regional, or local transportation plan, but the authority shall be empowered to negotiate with the departments, agencies, and instrumentalities responsible for the development of such plans for the purpose of developing recommendations for the allocation of the funds of the trust fund or the proceeds of any bonds or obligations of the authority to projects included on such plans; provided, however, that no project shall be required to be included on any such plan unless otherwise provided by law. The inclusion of funds of the trust fund or the proceeds of bonds or obligations of the authority as proposed funding for any project included on any such plan shall not constitute a requirement, commitment, or obligation of the authority to provide such funding for such project unless approved by the committee, and the authority shall at all times retain discretionary authority over the expenditure of such funds and proceeds, subject to applicable law and such contracts, resolutions, or indentures as the authority board may approve from time to time. (b) As a condition of providing funding for any project the authority, with the approval of the committee, may require that the recipient of such funds apply all or any of such funds first to the reduction of any bonded indebtedness of the recipient until the retirement of all or any part of such bonded indebtedness.
32-12-7. (a) Funds allocated pursuant to this chapter derived from the proceeds of the additional special transportation sales and use tax collected under the provisions of Article III, Section XI, Paragraph III of the Constitution and Chapter 8 of Title 48 shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing, except as provided in this chapter. (b) An amount of funds from the trust fund equal to the lesser of $25 billion or the amount of the proceeds of the additional special transportation sales and use tax collected under the provisions of Article III, Section XI, Paragraph III of the Constitution and Chapter 8 of Title 48 for the first ten years of the collection of such tax less collection costs and other allocations provided for by law shall be expended or contractually committed to capital construction programs within 11 years of the first day of the fiscal year beginning July 1, 2011, or to operation and maintenance costs for transit or multimodal projects constructed under paragraph (4) or (5) or listed in paragraphs (18) through (25) of this subsection within 21 years of the first day of the fiscal year beginning July 1, 2011, prioritized based on the date of final permitting and approval by the authority:
(1) On a program of state-wide projects of regional significance to improve transportation routes among and between municipalities and regions outside the largest urban areas of the state including but not limited to:
S.R. 400 from S.R. 20 to I-285 North (managed lanes)

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S.R. 92 from I-75 South to I-75 North (including Third Army Road Interchange) S.R. 316 from Athens Loop to I-85 (grade separation and managed lanes) S.R. 20 from I-75 to S.R. 316 I-575 from I-75 to S.R. 372 (including reconstruct interchange at Sixes Road) I-985 from I-85 to U.S. 129 (including new interchange at Martin Road, Exit 14); (2) On a program of state-wide economic development corridors to promote commerce and industry in underdeveloped areas of the state including but not limited to: S.R. 133 from U.S. 19 to I-75 (between Albany and Valdosta) Fall Line Freeway from Crawford Road to S.R. 68 U.S. 1 from I-16 to Altamaha River (including Lyons Bypass) S.R. 44 from I-20 to Linger-Longer S.R. 11 Monroe Bypass I-95 new interchange at Exit 82, Belfast-Siding Road I-95 reconstruct interchange at S.R. 99 (including the Golden Isles Parkway, Spur 25 Ext.); (3) On a program of state-wide freight route corridors to relieve congestion by removing truck traffic from urban areas and to improve the movement of freight into and across the state including but not limited to: U.S. 441 from I-16 to U.S. 29 (including transfer station in Dublin) U.S. 29 (Athens Loop) from U.S. 441 to S.R. 316 S.R. 96 from I-16 to Fort Valley U.S. 27 ALT. from I-185 to U.S. 27 (LaGrange Bypass) Effingham Parkway from S.R. 119 to S.R. 21 Jimmy DeLoach Parkway from S. R. 21 to Port Gate (Port Last Mile Project) U.S. 84 from Homerville to Waycross S.R. 25 bridge over the existing freight rail lines at the port in Garden City; (4)(A) On a program of grants for local transportation flex funds in the following communities located outside the commission area:
Augusta-Richmond Columbus-Muscogee Savannah Athens-Clarke Macon Albany Warner-Robins Valdosta Rome Gainesville Dalton Hinesville Newnan LaGrange

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Statesboro Griffin Carrollton Evans Milledgeville Thomasville Cartersville Dublin St. Mary's Americus Tifton Brunswick Moultrie Waycross Covington Calhoun; (B) Where a community lies within the boundaries of a municipal corporation, the municipal corporation shall be the recipient of the transportation flex funds. Where a community lies in an unincorporated area of a county, the county government shall be the recipient of the transportation flex funds. The county shall hold such funds in a separate account and such funds shall only be expended in the community that was the intended recipient of such funds. (5) On a program of grants for local transportation flex funds in counties contiguous to the commission area including: Forsyth Paulding Coweta; (6) On a program of road improvement grants to supplement local assistance road project grants in counties and cities located outside the commission area; (7) On a program of road improvement grants to supplement state-aid grants in counties and cities located outside the commission area; (8) On a program of unpaved road improvement grants to counties and cities located outside the commission area; (9) On a program of bridge improvement grants to counties and cities located outside the commission area; (10) On a program to provide for the addition and operation of managed traffic lanes serving the commission area including: The I-75 South Corridor beginning at Aviation Boulevard and ending at S.R. 155 The I-75 and I-575 Northwest Corridor, including lanes from I-285 at I-75 continuing north ending at Hickory Grove Road and from the I-75 at I-575 interchange north on I-575 ending at Sixes Road I-20 West from the interchange at Hamilton E. Holmes westward ending at S.R. 6;

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(11) On a program of interchange improvements to provide congestion mitigation on state and federal corridors serving the largest population concentrations in the state including but not limited to:
I-75 and I-285 North (including Windy Hill Road and Kennedy) I-75 and I-16 I-20 and I-285 West I-20 and I-285 East GA 400 and I-285 (including Ashford Dunwoody collector-distributor system) GA 400 and I-85; (12) On a program for the negotiation and granting of a concession for the construction, improvement, and operation of a tolled roadway connection between Interstate 75 and Interstate 85 not less than 15 miles north of the northernmost point of Interstate 285; (13) On a program for the negotiation and granting of a concession for the construction, improvement, and operation of a roadway tunnel for the improvement of traffic flow along a north-south axis in the commission area; (14) On a program for the improvement of arterial roads and corridors of regional significance serving the commission area including but not limited to: Ashford Dunwoody-Perimeter Center East (DeKalb) Buford Highway, one project to cross through Fulton, DeKalb, and Gwinnett counties Commerce Crossing (Rockdale) Courtland Street Bridge reconstruction (Fulton) C.W. Grant/S.R. 3 Old Dixie Highway - grade separation (Clayton) Fayetteville East ByPass (Fayette) Fayetteville West ByPass (Fayette) Moores Mill/Bolton Road (Fulton) Old Alabama Road (Fulton) Panola Road (DeKalb) Sigman Road (Rockdale) Turner Hill Road (DeKalb) S.R. 316/Sugarloaf Interchange (Gwinnett) S.R. 140, to be divided into two projects, one in Fulton County and one in Cherokee County S.R. 141, one project to cross through Fulton and Gwinnett counties S.R. 155 (Henry) S.R. 162 Salem Road (Rockdale) S.R. 42 (Henry) S.R. 6, one project to cross through Douglas, Cobb, and Paulding counties S.R. 6 (Fulton) U.S. 19/Tara Boulevard, one project across Clayton, Henry, and Spalding counties U.S. 41 (Cobb) U.S. 41 including Chattahoochee River Bridge (Fulton);

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(15) On a program for the improvement of interchanges of regional significance serving the commission area including but not limited to:
I-20 at Panola Road I-20 at S.R. 138 and S.R. 20 I-285 at S.R. 9 I-285 at Bouldercrest Road I-285 at S.R. 155 I-285 at S.R. 280 I-285 at U.S. 278 I-75 at Aviation Boulevard I-75 at C.R. 824, also referred to as Jodeco Road I-85 at S.R. 138 I-85 at S.R. 324 I-85 at S.R. 74 S.R. 316 at Collins Hill Road and S.R. 20 I-75/I-85 at 15th Street Bridge and HOV Interchange; (16) On a program for the improvement of traffic management within the municipal boundaries of the City of Atlanta; (17) On a program to pay all or part of the costs of planning, surveying, constructing, improving, resurfacing, and completing public general aviation airports not serving commercial international flights; (18) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a suburban light rail transit system in the commission area to include: an East Line proceeding along I-20 from the Garnett Station to Turner Hill Road; a North Suburban Line beginning on or adjacent to the campus of Kennesaw State University proceeding south along I-75 to Smyrna; the North Perimeter Line along I-285 with a link to connect to the Dunwoody Station continuing along I-285 to the Doraville Station; and a Northeast Line proceeding north along I-85 to the general vicinity of Sugarloaf Parkway; (19) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking the area encompassed by the consolidated government of Athens-Clarke County with the commission area; (20) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking Atlanta with Cartersville, subject to the availability of federal funds; (21) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking Atlanta with Lovejoy; (22) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking Lovejoy with Griffin, subject to the availability of federal funds; (23) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a multimodal transportation hub integrating regional and state-wide modes of transportation within the City of Atlanta;

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(24) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating one or more streetcar lines within the City of Atlanta; (25) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a circulator transit system or 'Beltline' within the City of Atlanta; (26) On a program to provide for improved nonmotorized access to destinations served by transportation facilities; and (27) On a program to study the feasibility of a high-speed or magnetic levitation rail line for movement of passengers and freight linking the commission area to the Georgia Ports Authority Facilities on the Savannah River. Funds provided for the foregoing programs shall be additional and supplemental to funds otherwise allocated for any of such programs pursuant to appropriation or to applicable state or local transportation plans. In the event that two or more local governments receiving funds pursuant to the provisions of this subsection elect to expend all or part of such funds on one or more multijurisdictional projects which the authority deems is a project of regional significance, the authority, with the approval of the committee and upon joint application by such local governments, is authorized to provide matching funds, in addition to funds otherwise provided pursuant to this chapter, for such projects from funds available to the authority. (c) In the event that the amount available for expenditure from the trust fund pursuant to the provisions of subsection (b) of this Code section is less than $25 billion, and that such sum together with other available funds is inadequate to fund the full cost of one or more of the programs provided for in subsection (b) of this Code section, the authority shall: (1) Seek supplemental funding from any authorized state agency or authority, the General Assembly, or other sources sufficient to cover the difference between available funds and $25 billion; (2) Reduce by majority vote of the board of the authority, with the approval of the committee, the allocation to any individual programs identified in subsection (b) of this Code section in such sums as necessary to reduce the overall cost of such programs to the sum available; provided, however, that no program shall be reduced to a sum which the committee, by majority vote, determines to be insufficient to achieve reasonable results for such program; or (3) Eliminate by the vote of two-thirds of the members to which the board of the authority is entitled, with the approval of the committee, such programs as necessary to reduce the overall cost of such programs to the sum available; provided, however, that in the event of a reauthorization of the tax provided for under the provisions of Article III, Section XI, Paragraph III of the Constitution, such eliminated programs shall be reinstated and shall have first priority for expenditure of the proceeds of such reauthorized tax; provided, further, if such eliminated program is determined by the vote of two-thirds of the board of the authority and ratified by the vote of two-thirds of the committee to be infeasible to the extent that it not be reinstated, such project shall be eliminated from the program contained in subsection (b) of this Code section.

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Any decision of the board of the authority implementing the provisions of this paragraph, and of the committee approving such decision, shall cite the provisions of this paragraph and provide for the reinstatement of such programs as provided for in this paragraph. (d) In the event that the amount available for expenditure from the trust fund pursuant to the provisions of subsection (b) of this Code section is greater than $25 billion, or that such sum together with other available funds exceeds the amount necessary to fund the full cost of one or more of the programs provided for in subsection (b) of this Code section, including the maintenance and operating costs of the transit projects contained in paragraphs (18) through (25) of subsection (b) of this Code section, the authority shall institute such other and further programs as, in the opinion of the authority board and with the concurrence of the committee, will serve the purposes of this chapter."
SECTION 1-2. Said title is further amended by revising paragraph (15) of Code Section 32-10-63, relating to the powers of the State Road and Tollway Authority, as follows:
"(15) To do all things necessary or convenient to carry out the powers expressly given in this article or Chapter 12 of this title."
PART II SECTION 2-1. 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 48-8-3.1, relating to exemptions from sales and use taxes for motor fuels, as follows: "(a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article and shall be subject to the 1 percent additional special transportation sales and use tax. (b) Sales of motor fuel other than gasoline which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article and shall be subject to the 1 percent additional special transportation sales and use tax."
SECTION 2-2. Said title is further amended by revising Code Section 48-8-30, relating to the rate and imposition of the state sales and use tax, as follows:
"48-8-30. (a) There is levied and imposed a tax on the retail purchase, retail sale, rental, storage, use, or consumption of tangible personal property and on the services described in this article.

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(b)(1) Every purchaser of tangible personal property at retail in this state shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase and an additional special transportation sales and use tax at the rate of 1 percent of the sales price of the purchase. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person making a sale or sales of tangible personal property at retail in this state shall be a retailer and a dealer and shall be liable for a tax on the sale at the rate of 4 5 percent of the gross sale or gross sales, or the amount of taxes collected by him or her from his or her purchaser or purchasers, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. (c)(1) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 4 percent of the cost price and an additional special transportation sales and use tax at the rate of 1 percent of the cost price, except as provided in paragraph (2) of this subsection. (2) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state and used outside this state for more than six months prior to its first use within this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 4 percent of the cost price or fair market value of the property, whichever is the lesser and an additional special transportation sales and use tax at the rate of 1 percent of the cost price or fair market value of the property, whichever is the lesser. (3) This subsection shall not be construed to require a duplication in the payment of the tax. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. (c.1)(1) Every purchaser of tangible personal property at retail outside this state from a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, when such property is to be used, consumed, distributed, or stored within this state, shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase and an additional special transportation sales and use tax at the rate of 1 percent of the sales price of the purchase. It shall be prima-facie evidence that such property is to be used, consumed, distributed, or stored within this state if that property is delivered in this state to the purchaser or agent thereof. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, and who makes any sale of tangible personal property at retail outside this state which property is to be delivered in this state to a purchaser or

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purchaser's agent shall be a retailer and a dealer for purposes of this article and shall be liable for a tax on the sale at the rate of 4 5 percent of such gross sales or the amount of tax as collected by that person from purchasers having their purchases delivered in this state, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax. (d)(1) Every person to whom tangible personal property in the state is leased or rented shall be liable for a tax on the lease or rental at the rate of 4 percent of the gross lease or rental charge and an additional special transportation sales and use tax at the rate of 1 percent of the gross lease or rental charge. The tax shall be paid to the person who leases or rents the property by the person to whom the property is leased or rented. A person who leases or rents property to others as a dealer under this article shall remit the tax to the commissioner as provided in this article. When received by the commissioner, the tax shall be a credit against the tax imposed on the person who leases or rents the property to others. Every person who leases or rents tangible personal property in this state to others shall be a dealer and shall be liable for a tax on the lease or rental at the rate of 4 5 percent of the gross lease or rental proceeds, or the amount of taxes collected by him or her from persons to whom he or she leases or rents tangible personal property, whichever is greater. (2) No lease or rental shall be taxable to the person who leases or rents tangible property to another which is not taxable to the person to whom the property is leased or rented. (3) The lessee of both taxable and exempt property in this state under a single lease agreement containing a lease period of ten years or more shall have the option to discharge in full all sales and use taxes imposed by this article relating to the tangible personal property by paying in a lump sum 4 5 percent of the fair market value of the tangible personal property at the date of inception of the lease agreement in the same manner and under the same conditions applicable to sales of the tangible personal property. (e) Upon the first instance of use within this state of tangible personal property leased or rented outside this state, the person to whom the property is leased or rented shall be a dealer and shall be liable for a tax at the rate of 4 percent of the rental charge paid to the person who leased or rented the property and an additional special transportation sales and use tax at the rate of 1 percent of the rental charge, subject to the credit authorized for like taxes previously paid in another state. (e.1)(1) Every person who leases, as lessor, or rents tangible personal property outside this state for use within this state shall be liable for a tax at the rate of 4 percent of the rental charge paid for that lease or rental and an additional special transportation sales and use tax at the rate of 1 percent of the rental charge paid for that lease or rental, if that person is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, and title to that property remains in that person.

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It shall be prima-facie evidence that such property is to be used within this state if that property is delivered in this state to the lessee or renter of such property, or to the agent of either. The tax shall be paid by the lessee or renter and payment of the tax shall be made to the lessor or person receiving rental payments for that property, which person shall be the dealer for purposes of this article. The dealer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the dealer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, and who leases or rents tangible personal property outside this state to be delivered in this state to the lessee, renter, or agent of either shall be a dealer and shall be liable as such for a tax on the lease or rental at the rate of 4 5 percent of the gross proceeds from such leases or rentals or the amount of taxes collected by that dealer for leases or rentals of tangible personal property delivered in this state, whichever is greater. (2) No lease or rental shall be taxable to the dealer which is not taxable to the lessee or renter. The tax imposed by this subsection shall be subject to the credit granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax. (f)(1) Every person purchasing or receiving any service within this state, the purchase of which is a retail sale, shall be liable for tax on the purchase at the rate of 4 percent of the gross charge or charges made for the purchase and an additional special transportation sales and use tax at the rate of 1 percent of the gross charge or charges made for the purchase. The tax shall be paid by the person purchasing or receiving the service to the person furnishing the service. The person furnishing the service, as a dealer under this article, shall remit the tax to the commissioner as provided in this article; and, when received by the commissioner, the tax shall be a credit against the tax imposed on the person furnishing the service. Every person furnishing a service, the purchase of which is a retail sale, shall be a dealer and shall be liable for a tax on the sale at the rate of 4 5 percent of the gross charge or charges made for furnishing the service, or the amount of taxes collected by him or her from the person to whom the service is furnished, whichever is greater. (2) No sale of services shall be taxable to the person furnishing the service which is not taxable to the purchaser of the service. (g) Whenever a purchaser of tangible personal property under subsection (b) or (c.1) of this Code section, a lessee or renter of the property under subsection (d) or (e.1) of this Code section, or a purchaser of taxable services under subsection (f) of this Code section does not pay the tax imposed upon him or her to the retailer, lessor, or dealer who is involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself or herself and the commissioner, whenever he or she has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who is involved in the transaction has nevertheless remitted to the commissioner the tax imposed on the transaction. If

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payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who is involved. (h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross proceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept separately, the tax shall be paid as a retailer or dealer on the gross sales of the business. For the purpose of this Code section, all sales through any one vending machine shall be treated as a single sale. The gross proceeds for reporting vending sales shall be treated as if the tax is included in the sale and the taxable proceeds shall be net of the tax included in the sale. (i) The tax levied by this Code section is in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied. (j) In the event any distributor licensed under Chapter 9 of this title purchases any motor fuel on which the prepaid state tax or prepaid local tax or both have been imposed pursuant to this Code section and resells the same to a governmental entity that is totally or partially exempt from such tax under paragraph (1) of Code Section 48-8-3, such distributor shall be entitled to either a credit or refund. The amount of the credit or refund shall be the prepaid state tax or prepaid local tax or both rates for which such governmental entity is exempt multiplied by the gallons of motor fuel purchased for its exclusive use. To be eligible for the credit or refund, the distributor shall reduce the amount such distributor charges for the fuel sold to such governmental entity by an amount equal to the tax from which such governmental entity is exempt. Should a distributor have a liability under this Code section, the distributor may elect to take a credit for those sales against such liability. (k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14. (l) An amount equal to the proceeds of the 1 percent additional special transportation sales and use tax levied by this Code section shall be paid over by the commissioner after collection to the treasurer of the State Road and Tollway Authority pursuant to Article III, Section XI, Paragraph III of the Constitution and the provisions of Chapter 12 of Title 32 for deposit into the trust fund authorized by such provisions for so long as authorized by Article III, Section XI, Paragraphs III and IV of the Constitution. In the event that the levy of said 1 percent additional special transportation sales and use tax and the deposit thereof into such fund shall be disapproved at any time pursuant to the provisions of Article III, Section XI, Paragraphs III and IV of the Constitution, it shall be the duty of the commissioner to provide by rule and regulation for the cessation of the levy of such 1 percent additional special transportation sales and use tax and the reduction of the rate of the tax levied by this Code section to 4 percent as of the date provided for by such Paragraph, regardless of whether the General Assembly shall provide by law for such reduction. In the event that, pursuant to the provisions of such

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Paragraph, such levy and deposit of such 1 percent additional special transportation sales and use tax shall thereafter be approved, it shall be the duty of the commissioner to provide by rule and regulation for the reinstitution of such levy and the increase of the rate of the tax provided for by this Code section to the rate of 5 percent as of the date provided for by such Paragraph, regardless of whether the General Assembly shall provide by law for such reinstitution."
SECTION 2-3. Said title is further amended by revising Code Section 48-8-32, relating to collection of the tax from dealers, as follows:
"48-8-32. The tax at the rate of 4 5 percent of the retail sales price at the time of sale or 4 5 percent of the cost price at the time of purchase, as the case may be, shall be collectable from all persons engaged as dealers in the sale at retail, or in the use, consumption, distribution, or storage for use or consumption in this state of tangible personal property."
SECTION 2-4. Said title is further amended by revising Code Section 48-8-43, relating to the disposition of certain excess taxes, as follows:
"48-8-43. When the tax collected for any period is in excess of 4 5 percent, the total tax collected shall be paid over to the commissioner less the compensation to be allowed the dealer."
SECTION 2-5. Said title is further amended by revising subsection (e) of Code Section 48-8-63, relating to the payment of the tax by certain contractors, as follows:
"(e)(1) Any subcontractor who enters into a construction contract with a general or prime contractor shall be liable under this article as a general or prime contractor. Any general or prime contractor who enters into any construction contract or contracts with any nonresident subcontractor, where the total amount of such contract or contracts between such general or prime contractor and any nonresident subcontractors on any given project equals or exceeds $250,000.00, shall withhold up to 4 5 percent of the payments due the nonresident subcontractor in satisfaction of any sales or use taxes owed this state. (2) The prime or general contractor shall withhold payments on all contracts that meet the criteria specified in paragraph (1) of this subsection until the nonresident subcontractor furnishes such prime or general contractor with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the nonresident subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 5 percent of the payments due the nonresident subcontractor under their

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contract, such prime or general contractor shall become liable for any sales or use taxes due or owed this state by the nonresident subcontractor."
SECTION 2-6. Said title is further amended by revising paragraphs (3.1), (4.1), and (5.1) of subsection (a) of Code Section 48-13-51, relating to the excise tax on rooms, lodgings, and accommodations, as follows:
"(3.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center authority has been created by intergovernmental contract between a county and one or more municipalities located therein, and which trade and convention center authority is in existence on or before March 21, 1988, and which trade and convention center authority has not constructed or operated any facility before March 21, 1988, 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 (3.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a trade and convention center, exhibit hall, conference center, performing arts center, accommodations facilities including food service, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local trade and convention center authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 6 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (3.1). 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, a local building authority created by local constitutional amendment, and a trade and convention center authority created by intergovernmental contract between a county and one or more municipalities located therein, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph (3.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 14 percent. Any tax levied pursuant to this paragraph (3.1) shall terminate not later than December 31, 2029, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (3.1), secured in whole or in part by a pledge of a

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tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (3.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (3.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a building authority created by local constitutional amendment, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (3.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a building authority created by local constitutional amendment for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the building authority created by local constitutional amendment and any obligation of the building authority created by local constitutional amendment to refund any prior obligation of the building authority created by local constitutional amendment, 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; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (3.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (3.1) by a building authority created by local constitutional amendment." "(4.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a coliseum authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 1963, for the purpose of owning or operating a facility, may levy a tax under this Code section at a rate of 7 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 (4.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a facility owned or operated by such coliseum authority; or (C) 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, a local coliseum authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for

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purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph (4.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 12 13 percent. Any tax levied pursuant to this paragraph (4.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1995, issued to fund a facility as contemplated by this paragraph (4.1), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (4.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (4.1) shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (4.1), the term: 'fund' and 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum authority for the construction, renovation, and operation of a facility 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 a local coliseum authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1995, and having an initial term of not more than 30 years; and 'facility' shall mean a coliseum or other 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 or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local coliseum authority." "(5.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a rate of 8 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 (5.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and

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facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority or a downtown development authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). 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, a local coliseum and exhibit hall authority, a downtown development authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, notwithstanding any provision of paragraph (8) of this subsection to the contrary. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 14 percent; provided, however, that any sales tax for educational purposes which is imposed pursuant to Article VIII, Section VI, Paragraph IV of the Constitution shall not be included in calculating such limitation. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (5.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority or a downtown development authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority or a downtown development authority for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority or the downtown development authority and any obligation of the local coliseum and exhibit hall authority or the downtown development authority to refund any prior obligation of the local coliseum and exhibit hall authority or the downtown development authority, development, extension, enlargement, or improvement of

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land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority or a downtown development authority; and 'downtown development authority' shall mean a downtown development authority created by local Act of the General Assembly for a municipality pursuant to a local constitutional amendment."
PART III SECTION 3-1. Parts I and II of this Act shall become effective on January 1, 2011, only if an amendment to the Constitution to approve the levy of a 1 percent additional special transportation sales and use tax to be deposited into a trust fund for purposes of transportation as set forth in such amendment is ratified by the voters at the November, 2010, general election. If such an amendment is not so ratified, Parts I and II of this Act shall not become effective and shall stand repealed on January 1, 2011. Part III of this Act shall become effective upon 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 Porter of the 143rd, Smyre of the 132nd, and Smith of the 129th move to amend the substitute to HB 277 (LC 34 2163S) by replacing lines 22 through 24 with the following:
(1) 'Authority' means the entity that is the designated recipient of federal funds to be used for highway construction and other transportation purposes in this state.
The following amendment was read:
Representatives Porter of the 143rd, Smyre of the 132nd, and Smith of the 129th move to amend the substitute to HB 277 (LC 34 2163S) by adding after "appointing official." on line 68 the following:

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For the appointments from a political party other than that of the appointing official made by the Lieutenant Governor and the Speaker of the House of Representatives, the elected leader of the minority political party shall submit, in writing, the name of a nominee who is a member of his or her respective chamber from a political party other than that of the appointing official, which nominee shall be appointed.

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

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

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd E Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the adoption of the amendment, the ayes were 163, nays 2.

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The amendment was adopted.

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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.

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 N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

N Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs N Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd E Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long N Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix N Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

N Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor N Teilhet N Thomas Y Thompson Y Walker Y Weldon 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 149, nays 18.

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The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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.
HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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.
The following Committee substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for purposes and limitations on expenditures from such trust fund; to provide for the periodic submission of the continuance of such levy to the people for approval or disapproval; to provide for the authority of the General Assembly with respect to the foregoing; 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 III thereof a new Section XI to read as follows:
"SECTION XI. TRANSPORTATION TRUST FUND

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Paragraph I. Transportation Trust Fund; Georgia 2020 Transportation Trust Fund Oversight Committee. (a) There is created a trust fund of perpetual duration for use in all activities incident to providing an adequate system of transportation in this state. Revenues raised, collected, or appropriated for purposes of the fund shall be paid into and disbursed from the fund as provided by general law without being subject to the limitations of Article III, Section IX, Paragraph I; Article III, Section IX, Paragraph IV(c); Article III, Section IX, Paragraph VI(a); or Article VII, Section III, Paragraph II. The General Assembly is authorized to appropriate moneys to the fund, but no moneys subject to the provisions of Article III, Section IX, Paragraph VI(b) shall be appropriated to the fund. Toll revenues generated by any project funded in whole or in part by the fund may be paid into the fund as provided by general law. The funds in the fund shall be as fully invested as is practicable, consistent with the requirements to make disbursements therefrom, and the return from such investments shall be deposited in the fund for further investment or disbursement. The governance of the fund shall be vested in the Georgia 2020 Transportation Trust Fund Oversight Committee created in subparagraph (c) of this Paragraph and such other agency or authority as provided by general law. (b) The expenditure of moneys paid into the fund shall be subject to all the rules, regulations, and restrictions otherwise imposed on the expenditure of appropriations by provisions of this Constitution and laws of this state, unless such provisions are in conflict with the provisions of this section. 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. (c) There shall be a Georgia 2020 Transportation Trust Fund Oversight Committee which shall consist of three members appointed by the Governor, four members appointed by the Lieutenant Governor, and four members appointed by the Speaker of the House of Representatives. At least one member appointed by each of the foregoing appointing officials shall at the time of such appointment and thereafter be a member of the minority caucus of the Georgia Senate or the Georgia House of Representatives. Members shall serve during the term of office of their appointing officer and until their successors are appointed and qualified. The other qualifications, compensation, and removal from office of appointed members shall be as provided by general law. The committee shall be charged with the general oversight of the governance and administration of the Transportation Trust Fund and with such other powers and duties as provided by general law. Paragraph II. Transportation Trust Fund; administration. (a) The maintenance and administration of the Transportation Trust Fund and the direction of disbursements therefrom shall be vested in an agency or authority as provided by general law. The agency or authority shall disburse proceeds from the fund for the following purposes as provided by general law, which may specify projects and programs and areas or political subdivisions of the state:
(1) To fund the federal-aid and state highway systems;

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(2) To fund a program of local assistance to counties and municipalities to pay all or part of the costs of planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (3) To fund the rehabilitation and replacement of deficient, hazardous, unsafe, or inadequate bridges throughout the state;
(4) To supplement operating costs of local public transit and bus systems; (5) To fund a program of local assistance to counties and municipalities to pay all or part of the costs of planning, surveying, constructing, improving, resurfacing, and completing public general aviation airports; (6) To fund the study and implementation of high-speed intrastate and interstate passenger rail and freight rail services; (7) To fund the costs of planning, surveying, constructing, improving, paving, and completing high-occupancy toll lane systems, managed lane systems, and truck only toll lane systems on the federal-aid and state highway systems; and (8) To fund such other public transportation purposes as may be provided for by general law. (b) Disbursements from the fund or from the proceeds of bonds or other instruments repayable from the fund shall not be subject to any allocation or distribution formulas applicable to funds subject to the provisions of Article III, Section IX, Paragraph VI(b). No law shall be enacted that causes any such allocation or distribution of funds subject to such provision to take into account any disbursements from the fund or from the proceeds of such bonds or other instruments. (c) The agency or authority administering the fund is authorized to operate on an accrual basis and disburse moneys from the fund from time to time to departments, authorities, instrumentalities, and political subdivisions of the state for the purposes of this Paragraph, subject to such terms and conditions as it, with the approval of the Georgia 2020 Transportation Trust Fund Oversight Committee, shall impose or which shall be provided by general law, but no moneys may be appropriated from the fund. All such departments, authorities, instrumentalities, and political subdivisions are authorized to receive such disbursements on such terms and conditions, and such disbursements, if unexpended as provided by general law, shall lapse to the fund and not to the general fund. Paragraph III. Levy for purposes of the Transportation Trust Fund; terms, conditions, and disposition of proceeds. From January 1 of the year following the year of the ratification of the amendment which added this section to this article and for a period of ten years thereafter there shall be a levy of 1 percent as a sales and use tax in this state. Such levy shall be imposed and collected as provided for by general law; provided, however, that should Georgia law or this Constitution be amended to eliminate such state sales and use tax, said levy of 1 percent shall continue to be imposed in the same manner and subject to the same terms and conditions in effect immediately prior to the effective date of the Act or amendment eliminating such state sales and use tax until terminated as provided by this section. The proceeds of such levy shall be deposited into the fund created by Paragraph I of this section.

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Paragraph IV. Submission of levy for reapproval. The General Assembly may provide by a two thirds' vote of the House of Representatives and the Senate that at the general election occurring in the tenth year following the year of the ratification of the amendment which added this section to this article a proposal for the approval of the continuation of the levy imposed pursuant to Paragraph III of this section shall be submitted to the electors of the entire state qualified to vote for members of the General Assembly. If such proposal is approved by a majority of such electors, then such levy shall be continued for a period of ten years commencing on January 1 of the year following such approval. If such proposal is not so approved, then such levy shall not be continued pursuant to such Paragraph notwithstanding any provision of law unless subsequently resubmitted to such electors and so approved. The General Assembly may provide by general law for such resubmission at a general election, and if approved such levy shall be reimposed notwithstanding any provision of law and the year of such approval shall be considered the year of the ratification of the amendment which added this section for purposes of this Paragraph."
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 Georgia's transportation system be improved throughout the state through an amendment to the Georgia Constitution to provide for a 1
( ) NO percent state-wide transportation sales tax?" 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:
Representatives Porter of the 143rd, Smyre of the 132nd, and Smith of the 129th move to amend the substitute to HR 206 (LC 34 2162S) by replacing line 1 with the following:
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 the creation of a
By adding between lines 11 and 12 the following:
SECTION .1. Article III, Section IX, Paragraph VI of the Constitution is amended by revising subparagraph (b) as follows:

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"(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. And 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. (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 appropriated for all transportation purposes, including public transit. Transportation purposes shall also include, but not be limited to, 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."
By replacing lines 119 through 121 with the following:

"( ) YES Shall Georgia's transportation system be improved throughout the state ( ) NO through an amendment to the Georgia Constitution to provide for a 1
percent state-wide transportation sales tax and a requirement that currently collected motor fuel tax revenue be used for transportation?"

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

E Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe N Austin Y Baker Y Barnard N Battles N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns N Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs N Dollar Y Dooley E Drenner E Dukes Y Ehrhart N England Y Epps, C Y Epps, J N Everson Y Floyd Y Fludd E Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown N Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham

Y Manning Y Marin N Martin Y Maxwell
May Y Mayo E McCall Y McKillip N Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby
Murphy Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese Y Rice N Roberts Y Rogers

On the adoption of the amendment, the ayes were 127, nays 39.

N Rynders Y Scott, A N Scott, M N Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The amendment was adopted.

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.

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.

TUESDAY, MARCH 3, 2009

1187

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

E Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard N Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E 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, D Y Collins, T Y Cooper Y Cox

N Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs N Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd E Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long N Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo E McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

N Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor N Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Resolution, by substitute, as amended, the ayes were 151, nays 15.

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

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.

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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.

SB 39.

By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the O.C.G.A., relating to sales and use taxes, so as to provide for a 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects by the district; to provide that each county may opt out of the district; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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.

The following Committee substitute was read:

A BILL

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 remove the restrictions on MARTA regarding the use of sales tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by revising subsections (i) and (l) of Section 25 as follows:
"(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended; provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection, until January 1, 2002. For the period beginning January 1, 2002, and ending June 30, 2002; and for each fiscal year commencing thereafter until December 31, 2008, no more than fifty-five percent (55%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of

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1189

depreciation, amortization, and other costs and charges as provided in this subsection; and for. For the period beginning January 1, 2009, and ending June 30, 2009, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; except that if the there shall be no restriction on the use of the proceeds of the tax. The Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Metropolitan Atlanta Rapid Transit Overview Committee annually, the original and 14 copies of a report of the findings of a completed management performance audit of the Authority's current operations, which audit was performed under contract with and at the expense of the Authority, along with any auditor's recommendations based thereon and the auditor's signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary,. then for the period beginning January 1, 2003, and ending June 30, 2003, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. For each fiscal year commencing on or after July 1, 2032, no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage, and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980, or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board shall reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the

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nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction, and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of the following costs: (1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or compliance with any national or state emergencies, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation; and (2) In the case of leases of equipment or facilities that, according to generally accepted principles of accounting, would not be classified as capital leases, payments of rent, and other payments for the property subject to such leases or for the use thereof; provided that any costs for regular maintenance or repair of such equipment or facilities shall not be excluded. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2008, and only if expressly authorized by the board, interest earned on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid transit system; for replacing, repairing, or renovating equipment or other capital assets thereof; or from the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection." "(l) Any limitation contained in this Act to the contrary notwithstanding, the Board may, in its sole discretion, and for any fiscal year commencing July 1, 1980, or thereafter, use any interest earned on any self-insurance reserve established pursuant to Section 22 of this Act to pay the operating costs of the system as defined by subsection (i) of Section 25 of this Act."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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1191

The following amendment was read:

Representative Chambers of the 81st moves to amend the Committee substitute to SB 39 as follows:

Starting on Line 95 - add a new paragraph

No revenue from public funds may be used for real estate development or stock market speculative investments

Renumber accordingly.

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton
Black N Brooks N Bruce N Bryant E Buckner N Burkhalter Y Burns Y Butler Y Byrd
Carter, A Y Carter, B N Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole N Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day N Dempsey E Dickson Y Dobbs Y Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd N Fludd E Franklin N Frazier Y Fullerton Y Gardner N Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner N Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser N Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo E McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy N Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey
Randall Y Reece Y Reese Y Rice Y Roberts N Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Sheldon N Shipp N Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker N Weldon Y Wilkinson N Willard Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

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JOURNAL OF THE HOUSE

On the adoption of the amendment, the ayes were 105, nays 57.

The amendment was adopted.

Representative Smyre of the 132nd moved that the House reconsider its action in adopting the Chambers amendment.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams N Allison N Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Davis, H
N Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes N Ehrhart N England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd E Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holt Y Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James 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 Lindsey Y Long
Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 139, nays 24.

N Manning Y Marin N Martin Y Maxwell Y May Y Mayo E McCall Y McKillip Y Meadows N Millar
Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish N Parsons Y Peake Y Porter N Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall N Reece N Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix N Yates
Richardson, Speaker

The motion prevailed.

Representative Lucas of the 139th moved that SB 39 be placed upon the table.

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1193

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black N Brooks N Bruce Y Bryant E 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, D N Collins, T Y Cooper Y Cox

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey E Dickson N Dobbs Y Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd N Fludd E Franklin N Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner N Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Heckstall Y Hembree Y Henson Y Hill, C N Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs Y James Y Jerguson N Johnson, C N 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 Lindsey N Long N Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 118, nays 50.

Y Manning N Marin Y Martin Y Maxwell Y May Y Mayo E McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw N Sheldon N Shipp Y Sims, B N Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T N Smith, V N Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker N Weldon Y Wilkinson Y Willard
Williams, A N Williams, E Y Williams, M Y Williams, R N Wix N Yates
Richardson, Speaker

The motion prevailed.

HB 200. By Representatives Geisinger of the 48th, Reese of the 98th and Hill of the 21st:

A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to provide that the failure to use safety belts may be evidence of causation, negligence, and contributory negligence; to provide for related

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matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, so as to provide that the failure to use seat safety belts may be admitted into evidence 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. Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, is amended by revising subsection (d) of Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, as follows:
"(d)(1) The failure of an occupant of the front seat of a motor passenger vehicle to wear a seat safety belt in any the front seat of a motor passenger vehicle which has a seat safety belt or belts shall not be considered evidence of negligence or causation, shall not otherwise be considered by the finder of fact on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and but shall not be considered evidence used to diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle in mitigation of the party's damages only if the court finds:
(A) The party introducing such evidence has pleaded such failure as a defense prior to the entry of a pretrial order; (B) The person whose injuries are the subject of a claim was at least 14 years of age at the time of his or her injury; and (C) The party offering such evidence proves by expert testimony that the injured party's failure to use a seat safety belt contributed to the injuries claimed by the plaintiff. (2) If the court finds that the evidence supports the findings set forth in paragraph (1) of this subsection, the trier of fact may find that the plaintiff's failure to wear a seat safety belt in violation of this subsection contributed to the plaintiff's claimed injuries and may reduce the amount of the plaintiff's recovery; provided, however, that notwithstanding subsection (g) of Code Section 51-12-33, while the trier of fact may reduce a person's right to recover damages according to the proportion of those

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1195

damages attributable to such person's failure to wear a seat safety belt, a person's failure to wear a seat safety belt shall not serve to deprive such person from recovering that portion of his or her damages attributable to the negligence of another."

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 N Abrams N Allison N Amerson N Anderson N Ashe N Austin N Baker N Barnard N Battles N Bearden N Beasley-Teague N Benfield N Benton N Black N Brooks N Bruce N Bryant E Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B N Casas Y Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins, D N Collins, T

N Crawford N Davis, H N Davis, S N Dawkins-Haigler N Day N Dempsey E Dickson Y Dobbs N Dollar N Dooley E Drenner E Dukes N Ehrhart N England N Epps, C N Epps, J N Everson N Floyd N Fludd E Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton E Golick N Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M

N Heckstall N Hembree N Henson Y Hill, C N Hill, C.A N Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James N Jerguson N Johnson, C N 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 Y Levitas Y Lindsey N Long N Loudermilk N Lucas N Lunsford N Maddox, B

N Manning N Marin E Martin
Maxwell N May N Mayo E McCall N McKillip Y Meadows Y Millar N Mills N Mitchell N Morgan N Morris
Mosby N Murphy Y Neal N Nix N Oliver N O'Neal E Parham N Parrish N Parsons N Peake N Porter N Powell, A Y Powell, J N Pruett N Ralston Y Ramsey N Randall N Reece N Reese Y Rice

N Rynders N Scott, A N Scott, M N Sellier N Setzler N Shaw N Sheldon N Shipp N Sims, B N Sims, C N Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V N Smyre N Stephens, M N Stephens, R E Stephenson N Talton N Taylor N Teilhet N Thomas N Thompson N Walker N Weldon Y Wilkinson Y Willard
Williams, A N Williams, E N Williams, M N Williams, R N Wix

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N Cooper E Cox

N Hatfield N Heard

N Maddox, G Mangham

N Roberts N Rogers

N Yates Richardson,
Speaker

On the passage of the Bill, by substitute, the ayes were 15, nays 148.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Mangham of the 94th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Lucas of the 139th moved that the following Bill be taken from the table:

SB 39.

By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the O.C.G.A., relating to sales and use taxes, so as to provide for a 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects by the district; to provide that each county may opt out of the district; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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.

The motion prevailed.

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 39.

By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the O.C.G.A., relating to sales and use taxes, so as to provide for a 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects by the district; to provide that each county may opt out of the district; to provide for

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1197

contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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.
The Committee Substitute was previously read.
The Chambers amendment, having been previously read and adopted, was withdrawn.
The following amendment was read and adopted:
Representative Chambers of the 81st moves to amend the Committee substitute to SB 39 as follows:
Starting on line 95 - add a new paragraph + renumber accordingly:
No revenue from public funds shall be used for speculative investments. No revenue from public funds shall be used for real estate aquisition or development for a purpose other than transportation or the direct facilitation thereof.
The following amendment was read:
Representative Millar of the 79th et al. move to amend the substitute to SB 39 (LC 34 2180S) by replacing lines 1 through 4 with the following:
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 change the allocation regarding the use of sales tax proceeds; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By replacing lines 22 through 28 with the following:
beginning January 1, 2009, and ending June 30, 2009 2011, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty sixty percent (50%) (60%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; except that if the The Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Metropolitan Atlanta Rapid Transit Overview Committee
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Brooks N Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler Y Byrd
Carter, A Y Carter, B Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper E Cox

Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey E Dickson N Dobbs Y Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson
Floyd N Fludd E Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton E Golick N Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Y Hudson N Hugley N Jackson Y Jacobs N James 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 Lindsey N Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin
Maxwell Y May N Mayo E McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris
Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal E Parham Y Parrish
Parsons Y Peake N Porter Y Powell, A Y Powell, J N Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts N Rogers

On the adoption of the amendment, the ayes were 97, nays 62.

Y Rynders Y Scott, A Y Scott, M N Sellier Y Setzler Y Shaw N Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T N Smith, V N Smyre N Stephens, M Y Stephens, R E Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard
Williams, A N Williams, E Y Williams, M N Williams, R N Wix Y Yates
Richardson, Speaker

The amendment was adopted.

Representative Hatfield of the 177th 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 moved that the House reconsider its action in adopting the Millar amendment.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams

Crawford Y Davis, H

Y Heckstall N Hembree

N Manning Y Marin

N Rynders N Scott, A

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N Allison Amerson
N Anderson Y Ashe N Austin Y Baker N Barnard N Battles N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce N Bryant E 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
Coleman N Collins, D Y Collins, T N Cooper E Cox

N Davis, S Y Dawkins-Haigler N Day N Dempsey E Dickson Y Dobbs N Dollar Y Dooley E Drenner E Dukes N Ehrhart N England Y Epps, C Y Epps, J N Everson Y Floyd Y Fludd E Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton E Golick Y Gordon N Graves N Greene N Hamilton
Hanner Y Harbin N Harden, B N Harden, M N Hatfield Y Heard

Y Henson N Hill, C
Hill, C.A N Holt N Horne N Houston N Howard N Hudson Y Hugley Y Jackson N Jacobs Y James 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 N Levitas N Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham

On the motion, the ayes were 59, nays 99.

N Martin Maxwell
N May Y Mayo E McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris
Mosby Murphy N Neal N Nix Y Oliver N O'Neal E Parham N Parrish N Parsons N Peake Y Porter N Powell, A N Powell, J N Pruett N Ralston N Ramsey Y Randall N Reece N Reese N Rice N Roberts Y Rogers

N Scott, M Y Sellier N Setzler N Shaw N Sheldon Y Shipp N Sims, B
Sims, C Y Sinkfield N Smith, B N Smith, L N Smith, R Y Smith, T Y Smith, V Y Smyre N Stephens, M N Stephens, R E Stephenson N Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker N Weldon N Wilkinson N Willard
Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

The motion was lost.

The following amendment was read and withdrawn:

Representative Gardner of the 57th et al. move to amend the House Committee on Transportation substitute to SB 39 (LC 34 2180S) by inserting on line 22 after "January 1, 2009," the following:

and ending on June 30, 2014,

The following amendment was read:

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Representatives Day of the 163rd and Gardner of the 57th move to amend the Committee substitute to SB 39 as follows:

Restore Lines 59 - 79.

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

E Abdul-Salaam Y Abrams N Allison Y Amerson N Anderson N Ashe N Austin N Baker N Barnard N Battles N Bearden Y Beasley-Teague N Benfield N Benton
Black Y Brooks N Bruce N Bryant E 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, D N Collins, T N Cooper E Cox

Crawford N Davis, H N Davis, S N Dawkins-Haigler Y Day N Dempsey E Dickson N Dobbs N Dollar N Dooley E Drenner E Dukes N Ehrhart N England N Epps, C N Epps, J N Everson N Floyd N Fludd E Franklin N Frazier N Fullerton N Gardner N Geisinger N Glanton E Golick N Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M N Hatfield N Heard

N Heckstall N Hembree N Henson N Hill, C N Hill, C.A N Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James N Jerguson N Johnson, C N 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 Lindsey N Long N Loudermilk Y Lucas
Lunsford N Maddox, B N Maddox, G N Mangham

N Manning N Marin Y Martin N Maxwell N May N Mayo E McCall N McKillip N Meadows N Millar N Mills N Mitchell N Morgan N Morris
Mosby N Murphy N Neal N Nix N Oliver N O'Neal E Parham N Parrish N Parsons N Peake N Porter N Powell, A N Powell, J N Pruett N Ralston N Ramsey N Randall N Reece N Reese Y Rice N Roberts N Rogers

On the adoption of the amendment, the ayes were 10, nays 153.

N Rynders N Scott, A N Scott, M N Sellier N Setzler N Shaw N Sheldon N Shipp N Sims, B N Sims, C N Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V N Smyre N Stephens, M N Stephens, R E Stephenson N Talton Y Taylor N Teilhet N Thomas N Thompson N Walker N Weldon N Wilkinson N Willard
Williams, A Y Williams, E N Williams, M N Williams, R N Wix N Yates
Richardson, Speaker

The amendment was lost.

The Committee substitute, as amended, was adopted.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard N Battles N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler N Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman N Collins, D Y Collins, T Y Cooper E Cox

Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs N Dollar Y Dooley E Drenner E Dukes N Ehrhart N England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd E Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham

N Manning Y Marin N Martin N Maxwell N May Y Mayo E McCall Y McKillip N Meadows Y Millar Y Mills Y Mitchell Y Morgan N Morris
Mosby Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish N Parsons Y Peake Y Porter N Powell, A Y Powell, J N Pruett N Ralston N Ramsey Y Randall N Reece Y Reese Y Rice N Roberts Y Rogers

N Rynders N Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker Y Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 122, nays 42.

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

The following Resolutions of the House were read and adopted:

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HR 550. By Representatives Hugley of the 133rd, Smyre of the 132nd and Randall of the 138th:
A RESOLUTION commending The Links, Incorporated and Southern Area Director Mary Currie and recognizing March 4, 2009, as Links Day at the state capitol; and for other purposes.
HR 551. By Representatives Smyre of the 132nd, Smith of the 129th, Smith of the 131st, Hugley of the 133rd and Buckner of the 130th:
A RESOLUTION recognizing March 10, 2009, as Columbus Day at the state capitol; and for other purposes.
HR 552. By Representatives Lunsford of the 110th, Knight of the 126th, Yates of the 73rd, Walker of the 107th and Maddox of the 172nd:
A RESOLUTION honoring the life and memory of Mr. J. William Mize; and for other purposes.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, March 4, 2009

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 Allison Amerson Anderson Baker Battles
E Beasley-Teague Benton Black Brooks Bruce Bryant
E Buckner Burkhalter Burns Byrd Carter, A Carter, B Chambers Channell Cheokas Coleman Collins, D Collins, T Cooper Cox Crawford

Davis, H Davis, S Day Dickson Dollar Dooley Drenner Dukes Ehrhart England Epps, J Everson Franklin Frazier Fullerton Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner Harden, B Harden, M Heard Heckstall

Hembree E Henson
Hill, C Holt Horne Houston Howard Hugley Jackson Jacobs James Johnson, C Johnson, T Jones, J Kaiser Keen Keown Lane, R Levitas Lindsey Lunsford Maddox, B Maddox, G Mangham Manning Marin E Maxwell

May Mayo McCall McKillip Meadows Mills Mitchell Morris E Mosby Murphy Neal Nix Oliver O'Neal Parham Peake Porter Powell, J Pruett Ralston Ramsey Randall Reece E Reese Rice Roberts Rynders

Scott, A Scott, M Sellier Setzler Shaw Sims, B Sims, C Smith, B Smith, L Smith, R Smith, V Smyre Stephens, M E Stephenson Talton Taylor Thomas Thompson Walker E Wilkinson Willard Williams, E Williams, M Williams, R Wix Yates Richardson, Speaker

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

Representatives Ashe of the 56th, Austin of the 10th, Barnard of the 166th, Bearden of the 68th, Benfield of the 85th, Casas of the 103rd, Coan of the 101st, Dawkins-Haigler of the 93rd, Dempsey of the 13th, Dobbs of the 53rd, Floyd of the 99th, Fludd of the 66th, Hatfield of the 177th, Hudson of the 124th, Jerguson of the 22nd, Jones of the 44th, Jordan of the 77th, Knight of the 126th, Knox of the 24th, Lane of the 158th, Long of the 61st, Loudermilk of the 14th, Lucas of the 139th, Martin of the 47th, Millar of the 79th, Parrish of the 156th, Parsons of the 42nd, Powell of the 29th, Rogers of the 26th, Sheldon of the 105th, Shipp of the 58th, Sinkfield of the 60th, Smith of the 168th, Teilhet of the 40th, Weldon of the 3rd, and Williams of the 165th.

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They wish to be recorded as present.
Prayer was offered by Pastor Kelly McKnight, Bible Deliverance Temple, Augusta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 620. By Representatives Dooley of the 38th, Oliver of the 83rd, Ashe of the 56th, Buckner of the 130th, Benfield of the 85th and others:
A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the O.C.G.A., relating to the state highway system, so as to change certain provisions relating to the Roadside Enhancement and Beautification Council and its membership, purpose, and compensation; to change certain provisions relating to the Roadside Enhancement and Beautification Fund and dedication of certain revenues to such fund; to provide for landscaping and maintenance projects on state highway system

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rights of way; to change certain provisions relating to application for tree trimming permit and annual renewal, forms, application fees, evaluation, and criteria for trimming trees or vegetation; to prohibit trimming or removal of trees or other vegetation on state highway system rights of way in certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 621. By Representatives McKillip of the 115th, Heard of the 114th, Fludd of the 66th and Abrams of the 84th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit in an amount equal to 5 percent of the amount of the federal Earned Income Credit which the taxpayer has claimed and been allowed pursuant to Section 32 of the Internal Revenue Code of 1986, as amended; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 624. By Representative Scott of the 153rd:
A BILL to be entitled an Act to authorize the governing authority of the City of Ashburn to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 625. By Representative Lane of the 167th:
A BILL to be entitled an Act to provide for the composition of state House districts; to provide for the election of such Representatives; to provide when such Representatives so elected shall take office; to provide for the continuation of present house districts until a certain time; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.

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HB 626. By Representatives Amerson of the 9th and Ralston of the 7th:
A BILL to be entitled an Act to authorize the governing authority of Dawson County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 627. By Representatives Kaiser of the 59th, Ashe of the 56th, Fludd of the 66th, Gardner of the 57th, Thomas of the 100th 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 foreclosures, so as to enact the "Georgia Foreclosed Property Upkeep Act"; to provide for a short title; to provide for legislative declarations; to provide for a bond for properties purchased at foreclosure; to provide procedures relating to such bond; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 628. By Representatives Lane of the 167th, Hill of the 180th and Keen of the 179th:
A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for ante litem notice; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 629. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Tybee Island, approved April 20, 1995 (Ga. L. 1995, p. 4462), so as to provide for four-year, staggered terms of office for the mayor and councilmembers; to provide for a referendum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 630. By Representative Anderson of the 117th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Harlem, approved May 12, 2008 (Ga. L. 2008, p. 3654), so as to provide for a quorum; to provide that the mayor may be counted in the determination of a quorum; to provide for the vote of the mayor on matters before the city council; to provide for a veto by the mayor; to provide procedures for a veto and for overriding such veto; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 631. By Representatives Heard of the 114th, Murphy of the 120th, McKillip of the 115th, Brooks of the 63rd, Hugley of the 133rd and others:
A BILL to be entitled an Act to amend Code Section 40-6-40 of the Official Code of Georgia Annotated, relating to when vehicles shall be driven of the right side of the highway, so as to provide that on certain highways all vehicles shall be driven on the right side of the roadway subject to certain exceptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
HB 632. By Representatives Collins of the 27th, Allison of the 8th and Austin of the 10th:
A BILL to be entitled an Act to authorize the governing authority of White County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 633. By Representatives Martin of the 47th and Jones of the 46th:
A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L.1999, p. 4836), as amended, so as to increase the exemption amount from $30,000.00 to $40,000.00 over a two-year phase-in period; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 634. By Representative Taylor of the 55th:
A BILL to be entitled an Act to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, so as to enact the "Dropout Deterrent Act"; to provide for a short title; to revise the age of mandatory education; 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 635. By Representatives Setzler of the 35th, Cooper of the 41st, Dollar of the 45th, Parsons of the 42nd, Johnson of the 37th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 636. By Representatives Mitchell of the 88th, Maxwell of the 17th, and Marin of the 96th:
A BILL to be entitled an Act to amend Article 9 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to criminal and related provisions pertaining to financial institutions, so as to provide for the protection of aged or incapacitated adults; to provide for mandated and voluntary reporting; to provide for civil penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 637. By Representative Jackson of the 142nd:
A BILL to be entitled an Act to create the Jefferson County Utilities Authority; to provide a short title; to authorize the authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing sources of water supply, the treatment, distribution, and sale of water and related facilities, the collection, treatment and disposal of sewage waste and related facilities and the sale of sewage treatment services, the collection, treatment, distribution, and disposal of stormwater and related

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facilities, the purchase, distribution, and sale of natural gas, the purchase, distribution, and sale of cable television services, the purchase, distribution, and sale of public telecommunication services, the purchase, distribution, and sale of wireless telecommunication services, and the purchase, distribution, and sale of Internet services and other electronic services; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 638. By Representative Allison of the 8th:
A BILL to be entitled an Act to authorize the governing authority of the City of Helen to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 639. By Representatives Dollar of the 45th, Butler of the 18th, Lane of the 167th, Burkhalter of the 50th, Keen of the 179th 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 supporting the protection of wild dolphins in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to EarthEcho International, Inc., for scientific research to conserve the ocean environment and protect wild dolphins; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 640. By Representatives Williams of the 4th, Shaw of the 176th and Ralston of the 7th:
A BILL to be entitled an Act to amend Titles 50 and 12 of the O.C.G.A., relating, respectively, to state government and conservation and natural resources, so as to provide for the comprehensive revision of provisions regarding regional commissions and change such regional commissions to regional development centers; to provide for legislative intent; to amend Titles 2, 8, 12, 14, 31, 32, 36, 44, 45, and 48 of the O.C.G.A., relating, respectively, to agriculture, buildings and housing, conservation and natural resources, corporations, health, highways, local government, property, public officers and employees, and revenue and taxation, so as to change certain

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references relating to regional commissions to appropriate reference to regional development centers; to repeal Section 2 of an Act approved May 6, 2008 (Ga. L. 2008, p. 181), relating to territorial boundaries of regional commissions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 641. By Representatives Bruce of the 64th, Fludd of the 66th and Heckstall of the 62nd:
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 on horse races and dog races, the operation of casinos, or the operation of pari-mutuel betting on horse races and dog races and casinos within the unincorporated area of a county or within a municipal corporation; 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.
HB 642. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to authorize the governing authority of the City of Columbus, Georgia, to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 643. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to provide for certain meeting

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requirements for the Council of such county-wide government; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 644. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to powers of local governments as to air facilities, so as to create the Major Airport Operations Board; to provide for its membership, duties, powers, and responsibilities; to transfer certain authority pertaining to major airports from counties, municipalities, and other political subdivisions to such board; to provide a short title; to provide legislative findings and declarations; 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 645. By Representatives Roberts of the 154th, May of the 111th, Burns of the 157th, Carter of the 175th and Butler of the 18th:
A BILL to be entitled an Act to amend Code Section 48-5-161 of the Official Code of Georgia Annotated, relating to issuance of tax executions, so as to change certain provisions regarding collection of costs, commissions, interest, and penalties; to provide for execution costs; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 646. By Representatives James of the 135th and Harden of the 147th:
A BILL to be entitled an Act to authorize the Magistrate Court of Dooly County to establish and charge a law library fee pursuant to Article 5 of Chapter 10 of Title 15 of the O.C.G.A.; to provide that funds shall be used for the maintenance of the Dooly County law library; to provide that funds collected shall be remitted to the county treasury; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 647. By Representatives Smith of the 113th and Hembree of the 67th:
A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to require units of the university system to report certain information regarding institutional profile, student and faculty engagement, student achievement, and institutional efficiency; to provide a short title; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
HB 648. By Representatives Ashe of the 56th, Kaiser of the 59th, Bruce of the 64th, Willard of the 49th and Lindsey of the 54th:
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.
HB 649. By Representatives Ashe of the 56th, Abrams of the 84th, Porter of the 143rd, Hugley of the 133rd, Smyre of the 132nd and others:
A BILL to be entitled an Act to amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to provide that no voucher, school choice, or scholarship program shall be implemented or enforced unless the Quality Basic Education Formula is fully funded by the General Assembly; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 650. By Representative Ashe of the 56th:
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 retired speech-language pathologist may return to work on a full-time basis

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and continue receiving a full retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 651. By Representatives Carter of the 175th, Jones of the 46th, Kaiser of the 59th, Coleman of the 97th and Casas of the 103rd:
A BILL to be entitled an Act to amend Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexual offenders, so as to revise certain provisions relating to information provided by the Department of Education to schools on accessing the registry; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 652. By Representatives Hembree of the 67th, Bearden of the 68th, Brooks of the 63rd and Bruce of the 64th:
A BILL to be entitled an Act to amend an Act creating the Douglas Judicial Circuit, approved March 20, 1080 (Ga. L. 1980, p. 563), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 412), so as to change the amount of the annual supplement paid to the superior court judges from funds of Douglas County; to authorize the governing authority to increase such amount; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 653. By Representatives Hembree of the 67th, Bearden of the 68th, Brooks of the 63rd and Bruce of the 64th:
A BILL to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, particularly by an Act approved March 13, 1990 (Ga. L. 1990, p. 3768), so as to change the compensation of the coroner; to set the compensation of deputy coroners; to provide for the board to increase the compensation of the coroner and any deputy coroners; to provide for approval of contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 654. 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), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3847), so as to temporarily delay the addition of a second 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 the compensation and expenses of said additional judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 533. By Representatives Carter of the 159th, Bryant of the 160th, Burns of the 157th, Gordon of the 162nd, Stephens of the 164th and others:
A RESOLUTION requesting that the Environmental Protection Division lead efforts to evaluate the appropriate deficit from natural for dissolved oxygen in the Savannah Harbor to allow for protection of aquatic species and the economic viability of the region; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 534. By Representatives Bruce of the 64th, Fludd of the 66th and Heckstall of the 62nd:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for pari-mutuel betting on horse races and dog races 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 on horse races and dog races and casino gambling; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HR 535. By Representative Wilkinson of the 52nd:
A RESOLUTION requesting that the United States Congress avoid wasteful, unnecessary, and unwise projects; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees:
HB 667. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, so as to change certain provisions relating to content and form of notice to the Attorney General, fees, and retention of experts; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 673. By Representative Lucas of the 139th:
A BILL to be entitled an Act to amend Code Section 50-17-53 of the Official Code of Georgia Annotated, relating to the authority to determine the amount to be deposited and deposit security required, so as to provide that no financial institution which charges a fee for cashing a check drawn on such institution shall be eligible to serve as a state depository; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Banks & Banking.
HB 674. By Representatives Smyre of the 132nd, Hugley of the 133rd and Buckner of the 130th:
A BILL to be entitled an Act to amend Code Section 16-12-60, relating to regulation of bingo games operated by nonprofit organizations, so as to remove the limits on the amounts of prizes which may be awarded in such games; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.

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HB 677. 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 provide for certain prerequisites prior to employees of the Georgia Lottery Corporation receiving certain types of compensation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 678. By Representatives Buckner of the 130th, Cheokas of the 134th and James of the 135th:
A BILL to be entitled an Act to create a board of elections and registration for Talbot 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 a registrar and the powers and duties thereof; to provide for certain expenditures of public funds; 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 679. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to provide for good behavior credit days for good inmate behavior of certain inmates; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 680. By Representatives Mangham of the 94th and Williams of the 89th:
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

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programs, so as to provide that the Department of Education shall develop a model program for providing instruction and training in the performing arts; to provide that local boards of education shall incorporate a program in the performing arts in the curriculum; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 681. By Representatives Byrd of the 20th, Lunsford of the 110th, Shipp of the 58th, Hill of the 21st, Cheokas of the 134th 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 change certain provisions relating to the substitution of generic drugs; to provide legislative findings; to eliminate redundant language relating to the practice of medicine; to prohibit the substitution of anti-epileptic drugs except under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 562. By Representatives Harbin of the 118th, Day of the 163rd, Rogers of the 26th, Hanner of the 148th, Neal of the 1st and others:
A RESOLUTION encouraging all Georgians to be aware of blind pedestrians and their rights and directing the Department of Driver Services to review and assess their current efforts to inform new and experienced drivers that persons with visual impairments have the right of way at all times; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.
HR 563. By Representatives Stephens of the 164th and Keen of the 179th:
A RESOLUTION proposing an amendment to the Constitution so as to provide that the Governor shall serve a six-year term of office and shall not be eligible to succeed himself or herself; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

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HB 588 HB 589 HB 590 HB 591 HB 592 HB 593 HB 594 HB 595 HB 596 HB 597 HB 598 HB 599 HB 600 HB 601 HB 602 HB 603 HB 604 HB 606 HB 607 HB 608 HB 609 HB 610 HB 611
The Speaker Pro Tem assumed the Chair.

HB 612 HB 613 HB 614 HB 615 HB 616 HB 617 HB 618 HB 619 HB 622 HB 623 HR 492 HR 493 HR 494 HR 532 SB 68 SB 69 SB 70 SB 78 SB 156 SB 164 SB 165 SR 49

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

Mr. Speaker:

Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 232 Do Pass SB 80 Do Pass, by Substitute

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

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Representative Walker of the 107th District, Chairman of the Committee on Human Relations and Aging, submitted the following report:

Mr. Speaker:

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

HB 420 Do Pass

Respectfully submitted, /s/ Walker of the 107th
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 142 HR 143 HR 343

Do Pass Do Pass 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 261 HB 318 HB 364

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

HB 374 Do Pass, by Substitute HB 395 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:

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HOUSE RULES CALENDAR WEDNESDAY, MARCH 4, 2009

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 127 HB 221 HB 226 HB 235 HB 330 HB 422 HB 436

Uniform Real Property Electronic Recording Act; adopt; provisions (JudyLindsey-54th) Extraordinary writs; removal of superior court judge; provisions (Substitute)(Judy-Willard-49th) Probation detention centers; sentencing and confinement; change provisions (Substitute)(SI&P-Cheokas-134th) Court reports; publishing a volume of rules from the definition of reports; remove requirement (Substitute)(Judy-Powell-171st) Workers' compensation; decisions of administrative law judge and appellate division; change certain provisions (Substitute)(IndR-Coan-101st) Uniform rules of the road; bicycles on sidewalks; local government; authorize (Substitute)(PS&HS-Cooper-41st) State government; Georgia Technology Authority; develop certain plans and reports; authorize (Substitute)(S&T-Parsons-42nd)

Modified Open Rule

None

Modified Structured Rule

HB 45 HB 86 HB 145 HB 220 HB 280 HB 302

Elections and primaries; voter registration; proof of United States citizenship; provisions (Substitute)(GAff-Mills-25th) Elections; absentee ballots; provide (Substitute)(GAff-Millar-79th) Child Support; revise a definition; correct cross-references; provisions (Substitute)(Judy-Lindsey-54th) Superior courts; issuing orders on motions; provisions (Substitute)(JudyWillard-49th) Quality Basic Education Act; mathematics or science teachers; additional compensation; provide (Substitute)(Ed-Coleman-97th) Telecommunications; charge for third party service; change requirements (Substitute)(EU&T-Hamilton-23rd)

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HB 371

Public Retirement Systems Investment Authority Law; increase in allowable fund investment; provisions (Substitute)(Ret-Ehrhart-36th)

Structured Rule

SB 83

Ad Valorem; increase the amount of the state-wide homestead exemption; specify terms/conditions of the exemption and the procedures (Substitute)(W&M-Lindsey-54th) 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

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 2.

By Senators Douglas of the 17th, Staton of the 18th, Jackson of the 24th and Murphy of the 27th:

A BILL to be entitled an Act to amend Code Section 40-5-63 of the O.C.G.A., relating to periods of suspension for drivers' licenses and conditions to return drivers' licenses, so as to extend the period of suspension for certain serious offenders committing a second offense before such offender is eligible for reinstatement; to amend Code Section 40-6-391.2, relating to the seizure and forfeiture of a motor vehicle operated by a habitual violator, so as to authorize the seizure and forfeiture of a motor vehicle operated by persons convicted of a third offense attempting to elude a police officer; to amend Code Section 406-395, relating to attempting to elude a police officer and impersonating a law officer, so as to modify conditions when such offense shall be treated as a felony; to repeal conflicting laws; and for other purposes.

SB 65. By Senators Grant of the 25th, Crosby of the 13th, Hooks of the 14th and Harp of the 29th:

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A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 86. By Senators Staton of the 18th, Butterworth of the 50th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, 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.
SB 151. By Senators Wiles of the 37th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 17-10-1.2 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to an oral victim impact statement and grants of pardons, paroles, and other relief, respectively, so as to provide courts and the State Board of Pardons and Parole greater input from crime victims, their families, and other interested witnesses; to provide for victim notification of parole board hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 157. By Senators Harp of the 29th, Cowsert of the 46th, Orrock of the 36th, Adelman of the 42nd, Butler of the 55th and others:
A BILL to be entitled an Act to change and enact provisions of law relating to classification of sexual offenders, sexual offender registration, and restrictions on sexual offenders' residences, workplaces, and activities; to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to appeals requiring an application for appeal, so as to make such Code section applicable to appeals from decisions of superior courts reviewing a decision of the Sexual Offender Registration Review Board; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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SB 159. By Senators Grant of the 25th, Unterman of the 45th and Thomas of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to create the Hemophilia Advisory Board; to provide for a short title; to provide for legislative findings; to provide for duties, reporting, membership, and the selection of officers; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 117. By Representatives Keen of the 179th, Burkhalter of the 50th, Morris of the 155th, Porter of the 143rd and Hugley of the 133rd:
A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change references to certain committees of the Georgia Senate and House of Representatives in the Official Code of Georgia Annotated to conform such references to committee names as adopted by resolution by the Georgia Senate and the Georgia House of Representatives, respectively; to provide for editorial revision; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 178. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act providing 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 179. By Representatives Keen of the 179th, Lane of the 167th and Hill of the 180th:
A BILL to be entitled an Act to amend an Act providing 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

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and value within two years; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

SR 294. By Senators Grant of the 25th, Jackson of the 24th, Cowsert of the 46th, Tolleson of the 20th, Murphy of the 27th and others:

A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin and Wilkinson Counties, Georgia; authorizing the conveyance of any state interest in certain real property in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property in Bibb County, Georgia; authorizing the conveyance of an easement of certain state owned real property located in Camden County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 2.

By Senators Douglas of the 17th, Staton of the 18th, Jackson of the 24th and Murphy of the 27th:

A BILL to be entitled an Act to amend Code Section 40-5-63 of the O.C.G.A., relating to periods of suspension for drivers' licenses and conditions to return drivers' licenses, so as to extend the period of suspension for certain serious offenders committing a second offense before such offender is eligible for reinstatement; to amend Code Section 40-6-391.2, relating to the seizure and forfeiture of a motor vehicle operated by a habitual violator, so as to authorize the seizure and forfeiture of a motor vehicle operated by persons convicted of a third offense attempting to elude a police officer; to amend Code Section 40-6-395, relating to attempting to elude a police officer and impersonating a law officer, so as to modify conditions when such offense shall be treated as a felony; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 65.

By Senators Grant of the 25th, Crosby of the 13th, Hooks of the 14th and Harp of the 29th:

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A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SB 86.

By Senators Staton of the 18th, Butterworth of the 50th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, 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.

SB 151. By Senators Wiles of the 37th and Hamrick of the 30th:

A BILL to be entitled an Act to amend Code Section 17-10-1.2 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to an oral victim impact statement and grants of pardons, paroles, and other relief, respectively, so as to provide courts and the State Board of Pardons and Parole greater input from crime victims, their families, and other interested witnesses; to provide for victim notification of parole board hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 157. By Senators Harp of the 29th, Cowsert of the 46th, Orrock of the 36th, Adelman of the 42nd, Butler of the 55th and others:

A BILL to be entitled an Act to change and enact provisions of law relating to classification of sexual offenders, sexual offender registration, and restrictions on sexual offenders' residences, workplaces, and activities; to

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amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to appeals requiring an application for appeal, so as to make such Code section applicable to appeals from decisions of superior courts reviewing a decision of the Sexual Offender Registration Review Board; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 159. By Senators Grant of the 25th, Unterman of the 45th and Thomas of the 54th:
A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to create the Hemophilia Advisory Board; to provide for a short title; to provide for legislative findings; to provide for duties, reporting, membership, and the selection of officers; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SR 294. By Senators Grant of the 25th, Jackson of the 24th, Cowsert of the 46th, Tolleson of the 20th, Murphy of the 27th and others:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin and Wilkinson Counties, Georgia; authorizing the conveyance of any state interest in certain real property in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property in Bibb County, Georgia; authorizing the conveyance of an easement of certain state owned real property located in Camden County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; to provide an effective date; 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:
Hugley of the 133rd, McCall of the 30th, Manning of the 32nd, Benton of the 31st, and Benfield of the 85th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

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HR 142. By Representatives Reese of the 98th and Mills of the 25th:
A RESOLUTION recognizing the Buford High School Lady Wolves softball team on their second straight AA State Championship title and inviting the team and coaches to appear before the House of Representatives; and for other purposes.
HR 143. By Representatives Reese of the 98th and Mills of the 25th:
A RESOLUTION congratulating the Buford High School football team on winning the 2008 Class AA State Championship and inviting them to appear before the House of Representatives; and for other purposes.
HR 343. By Representatives Day of the 163rd, Carter of the 159th, Bryant of the 160th, Stephens of the 164th, Stephens of the 161st and others:
A RESOLUTION recognizing and commending the members of the St. Patrick's Day Parade Committee on the upcoming occasion of the 2009 St. Patrick's Day Parade in Savannah, Georgia, and inviting the committee members to appear before the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 235. By Representatives Powell of the 171st and Lindsey of the 54th:
A BILL to be entitled an Act to amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to remove the requirement of publishing a volume of rules from the definition of reports; to provide for the maintenance of a rules compilation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, so as to remove the requirement of publishing a volume of rules from the definition of reports; to provide for the maintenance of a rules compilation; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to court reports, is amended by revising Code Section 50-18-20, relating to definitions pertaining to court reports, as follows:
"50-18-20. As used in this article, the term:
(1) 'Publisher' means the state publisher of court reports who has been awarded the contract as defined in this article. (2) 'Reporter' means the reporter of the Supreme Court and Court of Appeals whose duties are set forth in Chapter 4 of Title 15. (3) 'Reports' means the official reports of the decisions of the Supreme Court or of the Court of Appeals, together with the usual title pages, indexes, etc., as well as the advance reports of the decisions of each court. and a volume (4) 'Rules compilation' means a compilation of rules applicable in the courts of this state. The rules volume compilation shall include the Rules of the Supreme Court, the Rules of the Court of Appeals, the Unified Appeal, the Uniform Transfer Rules, the Uniform Rules for the various classes of courts, the Rules of the Judicial Qualifications Commission, the Code of Judicial Conduct, the Bar Admissions Rules, the Rules for Sentence Review Panel, the Rules and Regulations for the Organization and Government of the State Bar of Georgia, and any other rules or amendments as promulgated by the Supreme Court or the Court of Appeals, together with all applicable forms, title pages, indexes, etc. The rules volume shall consist of a post binder which will be updated periodically."
SECTION 2. Said article is further amended by revising Code Section 50-18-26, relating to the content and appearance of reports and number of volumes per year, as follows:
"50-18-26. (a) The reports shall contain the decisions rendered in all cases presented to the Supreme Court of Georgia and to the Court of Appeals of Georgia, an index of all cases reported, the rules and forms described in paragraph (3) of Code Section 50-18-20, and an index of all cases reported and all rules reported. No report shall contain any argument or brief of counsel beyond a statement of the major points and authorities. (b) The reporter has the duty to ascertain that the reports, with the exception of the rules volume, are uniform in size and appearance. Whenever it becomes necessary, due to a variance in the number of decisions rendered, the reporter, in order to maintain the desired uniformity, may provide for the production of more than one volume from either court in any one year or may consolidate decisions of either court from two different years into one volume, but in no case shall the decisions of the Supreme Court be combined in one volume with the decisions of the Court of Appeals."

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SECTION 3. Said article is further amended by revising subsection (a) of Code Section 50-18-27, relating to the responsibilities of the reporter, as follows:
"(a) The reporter shall furnish to the publisher the manuscript of the decisions, rules, and forms, read the proof and correct the same, and furnish for each volume an index of the cases reported."

SECTION 4. Said article is further amended by adding a new Code section to read as follows:
"50-18-37. The reporter shall publish a rules compilation in electronic format that is made accessible to the public through the Internet or other suitable electronic methods and shall update the rules compilation as necessary."

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns

Y Crawford Y Davis, H Y Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Fludd Y Franklin Y Frazier

Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser

Y Manning Y Marin Y Martin E Maxwell Y May Y Mayo
McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton

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Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas
Coan Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner
Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B
Harden, M Y Hatfield Y Heard

Y Keen Y Keown
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece E Reese Y Rice Y Roberts
Rogers

Y Taylor Y Teilhet Y Thomas Y Thompson
Walker Weldon 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 148, nays 0.

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

Representatives Dawkins-Haigler of the 93rd, Hudson of the 124th, 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 226. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Black of the 174th, Sellier of the 136th and others:

A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; 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 Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation

WEDNESDAY, MARCH 4, 2009

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detention center; 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 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, is amended by revising subsection (a) as follows:
"(a) In addition to any other terms and conditions of probation provided for in this article, the trial judge may require that a defendant convicted of a felony and sentenced to a period of not less than one year on probation or a defendant who has been previously sentenced to probation for a forcible misdemeanor as defined in paragraph (7) of Code Section 16-1-3 or a misdemeanor of a high and aggravated nature and has violated probation or other probation alternatives and is subsequently sentenced to a period of not less than one year on probation shall complete satisfactorily, as a condition of that probation, a program of confinement in a probation detention center. Probationers so sentenced will be required to serve a the period of confinement as specified in the court order, which confinement period shall be computed from the date of initial confinement in the probation detention center."

SECTION 2. This Act shall become effective on July 1, 2009, and shall apply to probationers sentenced 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:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield

N Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart

Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs

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

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Sims, C Y Sinkfield Y Smith, B Y Smith, L

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Y Benton Y Black 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
Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Morris E Mosby Y Murphy Y Neal E Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson
Walker Y Weldon 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 158, nays 1.

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

Representative Sims of the 119th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 302. By Representatives Hamilton of the 23rd, Collins of the 27th, Loudermilk of the 14th, Amerson of the 9th, Rogers of the 26th and others:

A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to change the requirements to be met prior to a telecommunications company charging a customer for any service provided by a third party; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to require

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1233

telecommunications companies to provide customers with the ability to block nonaffiliated third-party services and associated charges; 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 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, is amended by revising Code Section 46-5-171.1, relating to written authorization required by customer prior to being charged for service initiated by a third party, to read as follows:
"46-5-171.1. (a) Except as provided in subsection (b) of this Code section, no telecommunications company shall charge a customer for any service which is provided to the customer by a nonaffiliated third party until such third party has certified to the telecommunications company that the third party has received the customer's written authorization for such charges. When a customer initiates a new type of such third-party service or changes the type or types of such third-party service received, the invoice for such new or changed services must state the charges for such services in a clear, conspicuous, separate, and distinct manner so as to ensure that the customer is aware of the new or changed charges. Any telecommunications company that charges a customer for a service which is provided to the customer by a nonaffiliated third party must provide to such customer the ability to block the nonaffiliated third-party service and any charges associated with such service. (b) This Code section shall not apply to any transaction between a customer and that customer's selected provider of basic local exchange, inter-LATA, or intra-LATA telecommunications services or initial requests to subscribe to such services; wireless services; requests for a change in a customer's provider of local exchange service or a change in a customer's primary interexchange inter-LATA or intra-LATA carrier; or customer initiated use of abbreviated dialing codes or other pay-per-use services."
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 report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

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

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J
Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B
Maddox, G Y Mangham

Y Manning Y Marin Y Martin E Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal E Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 0.

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

Representatives Carter of the 159th, Everson of the 106th, Maddox of the 172nd, Smith of the 129th, and Weldon of the 3rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 436. By Representative Parsons of the 42nd:

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

WEDNESDAY, MARCH 4, 2009

1235

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 eliminate certain reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to 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 eliminate certain reports; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising paragraphs (9) and (13) of subsection (a) of Code Section 50-25-4, relating to the general powers of the Georgia Technology Authority, as follows:
"(9) To provide and approve a technology plan to include strategic planning and direction for technology acquisition, deployment development, and obsolescence management as well as a communications plan to manage costs for voice, video, data, and messaging services for all agencies. The state technology plan shall incorporate plans from agencies and other sources Reserved;" "(13) To develop such plans and reports as are deemed necessary and useful and to require agencies to submit periodic reports at such frequency and with such content as the board shall define;"
SECTION 2. Said title is further amended by revising paragraph (4) of subsection (b) of Code

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Section 50-25-5.1, relating to the powers and duties of the chief information officer, as follows:
"(4) To submit an annual and a three-year technology plan, updated annually, and an annual budget for approval and adoption by the board;"
SECTION 3. Said title is further amended by repealing Code Section 50-25-7.10, relating to the contents of the annual report of the Georgia Technology Authority, in its entirety and inserting a new Code section to read as follows:
"50-25-7.10. (a) The executive director shall publish an annual state information technology report that shall include:
(1) A report on the state's current and planned information technology expenditures, in cooperation with the Office of Planning and Budget and the state accounting officer, that shall include, but not be limited to, line-item detail expenditures on systems development, personal services, and equipment from the previous fiscal year and anticipated expenditures for the upcoming fiscal year; (2) A prioritization of information technology initiatives to address unmet needs and opportunities for significant efficiencies or improved effectiveness within the state information technology enterprise; and (3) A prioritized funding schedule for all major projects or initiatives, as well as cost estimates of the fiscal impact of the recommended information technology initiatives. The state information technology report shall be submitted to the Governor, the General Assembly, and the board on or before October 1 of each year. The authority may adopt an accrual method of accounting. The authority shall not be required to distribute copies of the annual report to members of the General Assembly, but shall notify the members of the availability of the report in the manner in which it deems to be the most effective and efficient. (b) Agencies shall be required to submit information technology reports to the authority not more than twice annually and with such content as the board shall define. The authority shall establish standards for agencies to submit the reports or updates. Standards shall include, without limitation, content, format, and frequency of updates."
SECTION 4. Said title is further amended by revising Code Section 50-25-7.12, relating to joint development of budgeting and accounting system, as follows:
"50-25-7.12. The authority, the Office of Planning and Budget, and the state accounting officer shall jointly develop a system for budgeting and accounting of expenditures for technology resources. This system must integrate seamlessly with the technology portfolio management system. Annual reports regarding technology shall be coordinated by the authority with the Office of Planning and Budget and the state accounting officer and submitted to the Governor, General Assembly, and the board on or before October 1 of

WEDNESDAY, MARCH 4, 2009

1237

each year. The authority may adopt an accrual method of accounting. The authority 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 it deems to be most effective and efficient Reserved."

SECTION 5. Said title is further amended by revising subsection (c) of Code Section 50-29-12, relating to authorization for state agencies to establish pilot projects to serve as models for application of technology, as follows:
"(c) State agencies establishing pilot projects shall submit quarterly progress reports on such projects to the Georgia Technology Authority, and the authority shall then submit such reports to the Electronic Commerce Study Committee. The authority shall monitor the success of such pilot projects and provide technical assistance to the extent that resources of the authority are available."

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant
Buckner

Y Crawford Y Davis, H Y Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson E Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S

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

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R

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JOURNAL OF THE HOUSE

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, D Y Collins, T Y Cooper Y Cox

Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts
Rogers

E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 156, nays 0.

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

Representatives Dawkins-Haigler of the 93rd, Hugley of the 133rd, and Porter of the 143rd stated that 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 280. By Representatives Coleman of the 97th, Ramsey of the 72nd, Cole of the 125th, Pruett of the 144th, Lindsey of the 54th and others:

A BILL to be entitled an Act to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to provide for additional compensation for teachers in mathematics or science under certain conditions; to provide for standards for mathematics and science endorsements; to remove the sunset provision from the Georgia Master Teacher Program; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to

WEDNESDAY, MARCH 4, 2009

1239

provide for additional compensation for teachers in mathematics or science under certain conditions; to provide for standards for mathematics and science endorsements; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-212.5. (a)(1) On and after July 1, 2010, and until such date as may be determined by the State Board of Education that mathematics, science, or both are no longer areas in which there is an insufficient supply of teachers, a secondary school teacher in a local school system who is or becomes certified in mathematics or science by the Professional Standards Commission shall be moved to the salary step on the state salary schedule that is applicable to six years of creditable service, unless he or she is already on or above such salary step. From such salary step, the teacher shall be attributed one additional year of creditable service on the salary schedule each year for five years. (2) After five years, such teacher may continue to be attributed one additional year of creditable service on the salary schedule each year if he or she meets or exceeds student achievement criteria established by the Office of Student Achievement. (3) Upon expiration of five years, or any year thereafter that the teacher does not meet or exceed student achievement criteria as required by paragraph (2) of this subsection, such teacher shall be moved to the salary step applicable to the actual number of years of creditable service which the teacher has accumulated. (b)(1)(A) On and after July 1, 2010, a kindergarten or elementary school teacher in a local school system who receives an endorsement in mathematics, science, or both from the Professional Standards Commission shall receive a stipend of $1,000.00 per endorsement for each year each such endorsement is in effect, up to a maximum of five years. (B) After five years, such teacher may continue to receive such stipend if he or she meets or exceeds student achievement criteria established by the Office of Student Achievement. (C) Upon expiration of five years, or any year thereafter that such a teacher does not meet or exceed student achievement as required by subparagraph (B) of this paragraph, such teacher shall cease to receive the stipend. (D) This paragraph shall be subject to appropriations by the General Assembly. (2)(A) In order to qualify for the stipend pursuant to paragraph (1) of this subsection, math and science endorsements shall: (i) Be based on post-baccalaureate nondegree programs, independent of an initial preparation program in early childhood education;

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(ii) Consist of a minimum of three courses, of which two courses shall be focused on the advancement of content knowledge and one course, or any additional course, shall be focused on content-specific pedagogy and proven strategies for teaching math or science to children in kindergarten through fifth grade; and (iii) Include an authentic residency experience with a focus on application of knowledge and skills. (B) The Professional Standards Commission shall establish standards for the math and science endorsements provided for in this subsection."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 133, Representative Crawford of the 16th was excused from voting on HB 280.

The report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield N Benton Y Black N Brooks N Bruce Y Bryant N Buckner
Burkhalter N Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar Y Dooley N Drenner Y Dukes Y Ehrhart Y England Y Epps, C N Epps, J Y Everson Y Floyd N Fludd N Franklin N Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne
Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y 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 Y Lane, R Y Levitas Y Lindsey

Y Manning Y Marin Y Martin E Maxwell Y May N Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris E Mosby N Murphy Y Neal E Nix Y Oliver
O'Neal Y Parham Y Parrish
Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett N Ralston

Y Rynders N Scott, A E Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton N Taylor Y Teilhet Y Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard

WEDNESDAY, MARCH 4, 2009

1241

Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

N Long N Loudermilk
Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham

Y Ramsey Y Randall N Reece E Reese
Rice N Roberts Y Rogers

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 128, nays 36.

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

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Appropriations:

HB 332. By Representative Martin of the 47th:

A BILL to be entitled an Act to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Speaker announced the House in recess until 1:15 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 553. By Representatives Taylor of the 55th, Ashe of the 56th, Sinkfield of the 60th, Bruce of the 64th, Shipp of the 58th and others:
A RESOLUTION recognizing Ms Beverly Hall and inviting her to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 554. By Representatives Smith of the 113th, Dollar of the 45th, Lunsford of the 110th, Ramsey of the 72nd, Cheokas of the 134th and others:
A RESOLUTION commending the Republic of China (Taiwan) on its recent progress in the growth of its democracy and its relations with the United States; and for other purposes.
HR 555. By Representatives Mills of the 25th, Burkhalter of the 50th, Keen of the 179th, Coleman of the 97th, Porter of the 143rd and others:
A RESOLUTION recognizing and celebrating the 100th anniversary of credit unions in the United States of America and the 75th anniversary of the Georgia Credit Union League; and for other purposes.
HR 556. By Representatives Morgan of the 39th, Brooks of the 63rd, Collins of the 95th, Smyre of the 132nd, Hugley of the 133rd and others:
A RESOLUTION commending the National Association for the Advancement of Colored People on its 100th anniversary; and for other purposes.
HR 557. By Representatives James of the 135th, Hugley of the 133rd, Buckner of the 130th, Cheokas of the 134th and Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mrs. Mae Bell Leonard Carter; and for other purposes.

WEDNESDAY, MARCH 4, 2009

1243

HR 558. By Representatives Dollar of the 45th, Scott of the 2nd, Sellier of the 136th, Talton of the 145th, Davis of the 109th and others:
A RESOLUTION recognizing and commending Michael Lewis; and for other purposes.
HR 559. By Representative Maddox of the 127th:
A RESOLUTION recognizing and commending the Water Well Standards Advisory Council; and for other purposes.
HR 560. By Representatives Lane of the 158th, Scott of the 2nd, Dobbs of the 53rd, Williams of the 165th, Bruce of the 64th and others:
A RESOLUTION recognizing March 12, 2009, as Georgia State Parks and Historic Sites Day at the state capitol; 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 371. By Representative Ehrhart of the 36th:
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 for an increase in allowable retirement system fund investment in equities to 75 percent; to change the definition of the term "large retirement system" for purposes of enhanced investment authority; 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 change the investment authority of large retirement systems; to provide that public retirement systems having assets in excess of $200 million shall be a large retirement system; to provide investment options; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to the "Public Retirement Systems Investment Authority Law," is amended by revising Code Section 47-20-84, relating to large retirement systems, as follows:
"47-20-84. (a) As used in this Code section, the term 'large retirement system' means:
(1) Any retirement system created by this title which has an accumulated unfunded actuarial accrued liability not greater than 25 percent of the total of its assets; (2) The Georgia Municipal Employees Benefit System created by Chapter 5 of this title; (3) Any association of like political subdivisions which, on, before, or after July 1, 1999, contracts with its members for the pooling of assets; and (4) Any public retirement system other than a retirement system defined in paragraphs (1), (2), and (3) of this subsection which meets the following criteria:
(A) The retirement system has: assets are in excess of $50 million; (i) An accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets; or (ii) Assets in excess of $50 million and an accumulated unfunded actuarial liability not greater than 30 percent of the total of its assets;
(B) The retirement system provides a defined benefit plan; (C) The retirement system investments are managed by one or more independent professional investment managers recognized by the National Association of Securities Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Investment Management and Research; and (D) The retirement system investments are limited to those equities of investment grade quality or better, provided that leverage techniques, option techniques, futures, commodities, private placements, and direct participation plans may not be used in making equity investments; and (E) Has an accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets (5) Any public retirement system which has more than $200 million in assets. (b) A large retirement system may not invest more than 15 percent of the retirement system assets in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of subsection (a) of Code Section 47-20-83. (c) A fund shall not invest more than 55 percent of retirement system assets in equities; provided, however, that prior to July 1, 2010, a large retirement system shall invest not more than 60 65 percent of its assets in equities; on and after July 1, 2010, a large retirement system shall invest not more than 70 percent of its assets in equities; and on and after July 1, 2011, a large retirement system shall invest not more than 75 percent of its assets in equities. Any fund which is not in compliance with the limitations imposed by this subsection shall be granted a two-year period to come into compliance;

WEDNESDAY, MARCH 4, 2009

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provided, however, that during such two-year period, the fund shall not increase the percentage of its assets invested in equities. (d) In the event the value of a fund's assets decreases so as to render such fund ineligible to invest in foreign equities as provided in subsection (b) of this Code section and to invest in excess of 55 percent of its assets in total equities as provided in subsection (c) of this Code section, such fund shall have 12 months from the date of such event to come into compliance with the investment authority provided by this article; provided, however, that during such period such fund shall not increase its holdings in foreign equities and shall not increase its total holdings in equities. (e) Subject to all other limitations in this chapter, a large retirement system may invest in securities issued by a unit investment trust or an open-end company:
(1) That is listed on a securities exchange; (2) The assets of which consist of securities managed so that the fund replicates a listed index or specific market sector; (3) In which continuous markets are quoted by market makers in the applicable unit investment trust or open-end company; and (4) That has the capability of creating or redeeming shares as necessary to reflect demand. (f)(e) A large retirement system may enter into contracts, agreements, and other instruments designed to manage risk exposure."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden Beasley-Teague

N Crawford Y Davis, H
Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner
Dukes

Y Heckstall Hembree Henson
Y Hill, C Y Hill, C.A
Holt Y Horne
Houston Y Howard
Hudson Y Hugley Y Jackson

Manning Y Marin Y Martin E Maxwell Y May
Mayo McCall E McKillip Y Meadows Y Millar Y Mills Y Mitchell

Rynders Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Shipp Y Sims, B E Sims, C Sinkfield Smith, B

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Benfield Benton Black Y Brooks Y Bruce Bryant Buckner Y Burkhalter Burns Y Butler Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Collins, T Y Cooper Y Cox

Y Ehrhart England Epps, C
Y Epps, J Y Everson
Floyd E Fludd
Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Jacobs Y James Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham

Morgan Y Morris E Mosby Y Murphy Y Neal E Nix
Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Powell, A Powell, J Y Pruett Ralston Y Ramsey Y Randall Reece E Reese Y Rice Y Roberts Y Rogers

Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson
Talton Y Taylor
Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard E 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 112, nays 3.

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

Representatives Burns of the 157th, Davis of the 109th, England of the 108th, Mangham of the 94th, Mayo of the 91st, 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.

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 "nay" thereon.

HB 221. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th and Oliver of the 83rd:

A BILL to be entitled an Act to amend Chapter 6 of Title 9 of the Official Code of Georgia Annotated, relating to extraordinary writs, so as to provide that no writ of mandamus or writ of prohibition to compel the removal of a superior court judge shall issue where no motion to recuse has been filed in a timely manner or where a motion to recuse has been denied; to repeal conflicting laws; and for other purposes.

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1247

The following Committee substitute was read and adopted:
A BILL
To amend Chapter 6 of Title 9 of the Official Code of Georgia Annotated, relating to extraordinary writs, so as to provide that no writ of mandamus or writ of prohibition to compel the removal of a judge shall issue where no motion to recuse has been filed in a timely manner or where a motion to recuse has been denied; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 9 of the Official Code of Georgia Annotated, relating to extraordinary writs, is amended by revising Code Section 9-6-20, relating to when mandamus may issue, as follows:
"9-6-20. All official duties should be faithfully performed;, and whenever, from any cause, a defect of legal justice would ensue from a failure to perform or from improper performance, the writ of mandamus may issue to compel a due performance, if there is no other specific legal remedy for the legal rights; provided, however, that no writ of mandamus to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing."
SECTION 2. Said chapter is further amended by revising Code Section 9-6-40, relating to prohibition counterpart of mandamus, as follows:
"9-6-40. The writ of prohibition is the counterpart of mandamus, to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction, where no other legal remedy or relief is given. The granting or refusal thereof is governed by the same principles of right, necessity, and justice as apply to mandamus; provided, however, that no writ of prohibition to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Benfield Y Benton Y Black Y Brooks Y Bruce Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley E Drenner
Dukes Y Ehrhart Y England
Epps, C Y Epps, J Y Everson
Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Heckstall Hembree Henson
Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham

Y Manning Y Marin Y Martin E Maxwell Y May
Mayo McCall E McKillip Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris E Mosby Y Murphy Y Neal Y Nix Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell, A Powell, J Y Pruett Ralston Y Ramsey Y Randall Reece E Reese Rice Y Roberts Y Rogers

Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B E Sims, C
Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 130, nays 3.

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

Representatives Davis of the 109th, Mangham of the 94th, Mayo of the 91st, 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.

HB 330. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Knox of the 24th, Marin of the 96th and others:

WEDNESDAY, MARCH 4, 2009

1249

A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to service of decisions of an administrative law judge and decisions of the appellate division; to provide that an employee's waiver of confidentiality includes past medical history with respect to any condition or complaint related to the condition for which the employee claims compensation; to provide that final settlement payments are to be paid by the employer to a person or corporation appointed by the superior court in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to service of decisions of an administrative law judge and decisions of the appellate division; to provide that an employee's waiver of confidentiality includes past medical history with respect to any condition or complaint related to the condition for which the employee claims compensation; to provide the conditions under which employers from other states engaged in the construction industry with workers' compensation insurance coverage issued in such other states shall be considered to be in compliance with the requirement of providing insurance for payment of workers' compensation in this state; to provide that final settlement payments may be paid by the employer to a person or corporation appointed by the superior court in certain circumstances; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by revising subsection (f) of Code Section 34-9-102, relating to hearing before administrative law judge, as follows:
"(f) Decision of the administrative law judge. Within 30 days following the completion of evidence, unless the time for filing the decision is extended by the board, the administrative law judge shall determine the questions and issues and file the decision with the record of the hearing. At the time of the filing, a copy of the decision shall be mailed sent to all parties and counsel of record at their last known addresses of record. Notice to counsel of record of a party shall constitute service of notice to the party, if a copy of the decision was sent to the address of record of said party. The decision of the administrative law judge shall be made in the form of a compensation award, appropriately titled to show its purpose and containing a concise report of the case, with

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findings of fact and conclusions of law and any other necessary explanation of the action taken. The administrative law judge may reconsider the official decision prior to its becoming final to correct apparent errors or omissions. The compensation award shall be final 20 days after issuance of notice of the award unless an appeal is filed in accordance with Code Section 34-9-103."
SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 34-9-103, relating to appeal of decision, remand, and reconsideration, amendment, or revision of award, as follows:
"(a) Any party dissatisfied with a decision of an administrative law judge of the trial division of the State Board of Workers' Compensation may appeal that decision to the appellate division of the State Board of Workers' Compensation which shall have original appellate jurisdiction in all workers' compensation cases. An application for review shall be made to the appellate division within 20 days of issuance of notice of the award. The appellee may institute cross appeal by filing notice thereof within 30 days of the notice of the award. If a timely application for review, cross appeal, or both, is made to the appellate division, the appellate division shall review the evidence and shall then make an award with findings of fact and conclusions of law. A copy of the award so made on review shall immediately be sent to the parties and counsel of record at dispute at their addresses of record. Notice to counsel of record of a party shall constitute service of notice to the party, if a copy of the award was sent to the address of record of said party. Upon review, the appellate division may remand to an administrative law judge in the trial division any case before it for the purpose of reconsideration and correction of apparent errors and omissions and issuance of a new award, with or without the taking of additional evidence, or for the purpose of taking additional evidence for consideration by the appellate division in rendering any decision or award in the case. The findings of fact made by the administrative law judge in the trial division shall be accepted by the appellate division where such findings are supported by a preponderance of competent and credible evidence contained within the records."
SECTION 3. Said chapter is further amended by revising Code Section 34-9-121, relating to compensation for injury outside of state, as follows:
"34-9-121. (a) Unless otherwise ordered or permitted by the board, every employer subject to the provisions of this chapter relative to the payment of compensation shall secure and maintain full insurance against such employer's liability for payment of compensation under this article, such insurance to be secured from some corporation, association, or organization licensed by law to transact the business of workers' compensation insurance in this state or from some mutual insurance association formed by a group of employers so licensed; or such employer shall furnish the board with satisfactory proof

WEDNESDAY, MARCH 4, 2009

1251

of such employer's financial ability to pay the compensation directly in the amount and manner and when due, as provided for in this chapter. In the latter case, the board may, in its discretion, require the deposit of acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred; provided, however, that it shall be satisfactory proof of the employer's financial ability to pay the compensation directly in the amount and manner when due, as provided for in this chapter, and the equivalent of acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred, if the employer shall show the board that such employer is a member of a mutual insurance company duly licensed to do business in this state by the Commissioner of Insurance, as provided by the laws of this state, or of an association or group of employers so licensed and as such is exchanging contracts of insurance with the employers of this and other states through a medium specified and located in their agreements with each other, but this proviso shall in no way restrict or qualify the right of self-insurance as authorized in this Code section. Nothing in this Code section shall be construed to require an employer to place such employer's entire insurance in a single insurance carrier.
(b)(1) Any employer from another state engaged in the construction industry within this state with a workers' compensation insurance policy issued under the laws of such other state so as to cover that employer's employees while in this state shall be in compliance with subsection (a) of this Code section if:
(A) Such other state recognizes the extraterritorial provisions of Code Section 34-9242; and (B) Such other state recognizes and gives effect within such state to workers' compensation policies issued to employers of this state. (2) Nothing in this subsection shall be construed to void any insurance coverage. (b)(c) The board shall have the authority to promulgate rules and regulations to set forth requirements for third-party administrators and servicing agents, including insurers acting as third-party administrators or servicing agents, with regard to their management or administration of workers' compensation claims. All Title 33 regulations shall remain in the Insurance Department. (c)(d) Wherever a self-insurer has been required to post bond, should it cease to be a corporation, obtain other coverage, or no longer desire to be a self-insurer, the board shall be allowed to return the bond in either instance, upon the filing of a certificate certifying to the existence of an insurance contract to take over outstanding liability resulting from any presently pending claim or any future unrepresented claims; and the board shall be relieved of any liability arising out of a case where the injuries were incurred, or liability therefor, prior to the returning of the bonds."
SECTION 4. Said chapter is further amended by revising Code Section 34-9-207, relating to employee's waiver of confidentiality of communications with physician and release for medical records and information, as follows:
"34-9-207.

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(a) When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, that employee shall be deemed to have waived any privilege or confidentiality concerning any communications related to the claim or history or treatment of injury arising from the incident that the employee has had with any physician, including, but not limited to, communications with psychiatrists or psychologists. This waiver shall apply to the employee's medical history with respect to any condition or complaint reasonably related to the condition for which such employee claims compensation. Notwithstanding any other provision of law to the contrary, when requested by the employer, any physician who has examined, treated, or tested the employee or consulted about the employee shall provide within a reasonable time and for a reasonable charge all information and records related to the examination, treatment, testing, or consultation concerning the employee. (b) When an employee has submitted a claim for workers' compensation benefits or is receiving payment of weekly income benefits or the employer has paid any medical expenses, the employee, upon request, shall provide the employer with a signed release for medical records and information related to the claim or history or treatment of injury arising from the incident, including information related to the treatment for any mental condition or drug or alcohol abuse and to such employee's medical history with respect to any condition or complaint reasonably related to the condition for which such employee claims compensation. Said release shall designate the provider and shall state that it will to whom the release is directed. If a hearing is pending, any release shall expire on the date of the hearing. (c) If the employee refuses to provide a signed release for medical information as required by this subsection, any weekly income benefits being received by the employee shall be suspended and no hearing shall be scheduled at the request of the employee until such signed release is provided Code section and, in the opinion of the board, the refusal was not justified under the terms of this Code section, then such employee shall not be entitled to any compensation at any time during the continuance of such refusal or to a hearing on the issues of compensability arising from the claim."
SECTION 5. Said chapter is further amended by revising Code Section 34-9-223, relating to lump sum payments to trustees, as follows:
"34-9-223. Whenever the board deems it expedient, any lump sum, subject to the provisions of Code Section 34-9-222, or final settlement, subject to the provisions of Code Section 34-9-15, shall be paid by the employer to some suitable person or corporation appointed by the superior court of the county wherein the accident occurred or the original hearing was held as trustee to administer such payment for the benefit of the person or persons entitled thereto in the manner provided by the board. The receipt by such trustees of the amount so paid shall discharge the employer or anyone else who is liable therefor."

WEDNESDAY, MARCH 4, 2009

1253

SECTION 6. Said chapter is further amended by revising subsection (d) of Code Section 34-9-385, relating to bankruptcy of participants, as follows:
"(d) When a participant is determined to be an insolvent self-insurer, the board of trustees is empowered to and shall assume on behalf of the participant its outstanding workers' compensation obligations excluding penalties, fines, and claimant's attorneys' fees assessed pursuant to subsection (b) of Code Section 34-9-108 and shall take all steps necessary to collect, recover, and enforce all outstanding securities, indemnity, insurance, or bonds furnished by such participant guaranteeing the payment of compensation provided in this chapter for the purpose of paying outstanding obligations of the participant. The board shall convert and deposit into the fund such securities and any amounts received under agreements of surety, guaranty, insurance, or otherwise on behalf of the participant. Any amounts remaining from such securities, indemnity, insurance, bonds, guaranties, and sureties, following payment of all compensation costs and related administrative fees of the board of trustees including attorneys' fees, and following exhaustion of all amounts assessed and received pursuant to subsections (a) and (c)(d) of Code Section 34-9-121 and any applicable rule of the board may be refunded by the fund as directed by the board of trustees, subject to the approval of the board, to the appropriate party one year from the date of final payment, provided no outstanding liabilities remain against the fund."

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner
Dukes Y Ehrhart Y England
Epps, C Y Epps, J Y Everson

Y Heckstall Hembree Henson
Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James Y Jerguson
Johnson, C E Johnson, T

Y Manning Y Marin Y Martin E Maxwell Y May Y Mayo Y McCall E McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris E Mosby Y Murphy Y Neal

Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B E Sims, C
Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre

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Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Floyd E Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham

Y Nix Oliver O'Neal
Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A
Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 137, nays 0.

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

Representatives Carter of the 159th, Davis of the 109th, Mangham of the 94th, 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.

HB 422. By Representatives Cooper of the 41st, Parsons of the 42nd, Manning of the 32nd, Wix of the 33rd, Setzler of the 35th and others:

A BILL to be entitled an Act to amend Article 7 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to negotiating railroad crossings and entering highways from private driveways, so as to authorize local governments by ordinance or resolution to authorize the operation of bicycles on sidewalks within the jurisdiction of such local governments; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 7 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to negotiating railroad crossings and entering highways from private driveways, so as to authorize local governments by ordinance or resolution to authorize the operation of bicycles on sidewalks by certain persons within the jurisdiction of such local

WEDNESDAY, MARCH 4, 2009

1255

governments; 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 40 of the Official Code of Georgia Annotated, relating to negotiating railroad crossings and entering highways from private driveways, is amended by revising Code Section 40-6-144, relating to emerging from alley, driveway, or building, as follows:
"40-6-144. The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residential district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or driveway or, in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon. The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk. No Except as provided by resolution or ordinance of a local government for sidewalks within the jurisdiction of such local government authorizing the operation of bicycles on sidewalks by persons 12 years of age or younger, no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway."

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 Allison Y Amerson
Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes
Ehrhart Y England

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James

Y Manning Y Marin Y Martin E Maxwell Y May Y Mayo Y McCall E McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris

Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B E Sims, C
Sinkfield Smith, B Y Smith, L Y Smith, R

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Y Black Y Brooks Y Bruce
Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Epps, C Y Epps, J Y Everson
Floyd E Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

E Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 148, nays 0.

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

Representatives Bryant of the 160th, Shipp of the 58th, and Sinkfield of the 60th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 127. By Representatives Lindsey of the 54th and Willard of the 49th:

A BILL to be entitled an Act to amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to adopt the Uniform Real Property Electronic Recording Act; to provide for definitions; to provide for the validity of electronic documents; to provide for the recording of certain documents; to provide for the adoption of rules, regulations, and standardized forms; to provide for uniformity of application and construction; to provide for the relation of this Act to the federal Electronic Signatures in Global and National Commerce Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

WEDNESDAY, MARCH 4, 2009

1257

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

E Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black 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 E Coleman Y Collins, D Y Collins, T Y Cooper
Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin E Maxwell Y May Y Mayo Y McCall E McKillip Y Meadows Y Millar
Mills Y Mitchell
Morgan Y Morris E Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 154, nays 1.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 220. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th and Oliver of the 83rd:

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A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to superior courts, so as to provide a uniform time for issuing orders on motions; 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 provide a uniform time for issuing orders on motions for new trials, injunctions, demurrers, and all other motions of any nature; 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 Code section to Chapter 1, relating to general provisions, to read as follows:
"15-1-16. (a) It shall be the duty of the judge of any court, other than the Court of Appeals or the Supreme Court of Georgia, unless providentially hindered or unless a written extension of time is agreed to by the parties, to decide promptly all motions for new trials, injunctions, demurrers, and all other motions of any nature within 90 days after the same have been argued before the judge or submitted to the judge without argument. (b) Except when ruling from the bench, when the judge has issued his or her decision, it shall be the duty of the judge to file his or her decision with the clerk of court in which the action is pending and to notify the parties in writing of his or her decision. Such notice shall not be required if notice has been waived pursuant to subsection (a) of Code Section 9-11-5."
SECTION 2. Said title is further amended by revising Code Section 15-6-21, relating to time for deciding motions, filing and notification, and noncompliance as ground for impeachment, as follows:
"15-6-21. (a) In a county with less than 100,000 inhabitants, it shall be the duty of the judge of the superior, state, or city court, unless providentially hindered or unless counsel for the plaintiff and the defendant agree in writing to extend the time, to decide promptly, within 30 days after the same have been argued before him or submitted to him without argument, all motions for new trials, injunctions, demurrers, and all other motions of any nature.

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(b) In all counties with more than 100,000 inhabitants, it shall be the duty of the judge of the superior, state, or city court, unless providentially hindered or unless counsel for the plaintiff and the defendant agree in writing to extend the time, to decide promptly, within 90 days after the same have been argued before him or submitted to him without argument, all motions for new trials, injunctions, demurrers, and all other motions of any nature. (c) When he or she has so decided, it shall be the duty of the judge to file his or her decision with the clerk of the court in which the cases are pending and to notify the attorney or attorneys of the losing party of his or her decision. Said notice shall not be required if such notice has been waived pursuant to subsection (a) of Code Section 911-5. (d) If any judge fails or refuses, unless providentially hindered or unless counsel for the plaintiff and the defendant agree in writing to extend the time, to obey the provisions of subsections (a) through (c) of this Code section, or if any judge repeatedly or persistently fails or refuses to decide the various motions, demurrers, and injunctions coming before him in the manner provided by such subsections, such conduct shall be grounds for impeachment and the penalty therefor shall be his removal from office 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, 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 Allison Y Amerson Y Anderson Y Ashe N Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Brooks
Bruce N Bryant Y Buckner

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day N Dempsey Y Dickson Y Dobbs N Dollar Y Dooley E Drenner N Dukes Y Ehrhart N England Y Epps, C Y Epps, J N Everson Y Floyd E Fludd

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt N Horne N Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S

N Manning Y Marin Y Martin N Maxwell N May Y Mayo N McCall E McKillip N Meadows Y Millar N Mills Y Mitchell E Morgan N Morris E Mosby Y Murphy Y Neal Y Nix Y Oliver

N Rynders Y Scott, A N Scott, M Y Sellier N Setzler N Shaw E Sheldon Y Shipp N Sims, B E Sims, C Y Sinkfield N Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V Y Smyre Y Stephens, M
Stephens, R

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N Burkhalter N Burns Y Butler N Byrd N Carter, A Y Carter, B
Casas Y Chambers N Channell N Cheokas N Coan Y Cole E Coleman N Collins, D Y Collins, T Y Cooper N Cox

N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton N Hanner N Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox N Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk
Lucas N Lunsford Y Maddox, B N Maddox, G Y Mangham

O'Neal Y Parham N Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J N Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice N Roberts N Rogers

E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard E Williams, A Y 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 102, nays 56.

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

Representative Weldon of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative 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 257 HB 350 HB 368

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

HB 457 Do Pass, by Substitute HB 523 Do Pass, by Substitute

Respectfully submitted, /s/ Cooper of the 41st
Chairman

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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 550 Do Pass, by Substitute SB 76 Do Pass
Respectfully submitted, /s/ Knox of the 24th
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 145. By Representative Lindsey of the 54th:
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 a definition; to correct cross-references and clarify certain provisions of the Code section; to revise and clarify provisions relating to the low income deviation; 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 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 a definition; to correct crossreferences and clarify certain provisions of the Code section; to revise and clarify provisions relating to the low income deviation; 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:

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SECTION 1. 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, is amended by revising paragraph (17) of subsection (a) as follows:
"(17) 'Parenting time deviation' means a deviation from allowed for the noncustodial parent's portion of the basic child support obligation parent based upon the noncustodial parent's court ordered visitation with the child. For further reference see subsections (g) and (i) of this Code section."
SECTION 2. Said Code section is further amended by revising paragraph (8) of subsection (b) as follows:
"(8) In accordance with subsection (i) of this Code section, deviations subtracted from or increased to the presumptive amount of child support are applied, if applicable, and if supported by the required findings of fact and application of the best interest of the child standard. The proposed deviations shall be entered on the Child Support Schedule E Deviations. In the court's or the jury's discretion, deviations may include, but are not limited to, the following:
(A) High income; (B) Low income; (C) Other health related insurance; (D) Life insurance; (E) Child and dependent care tax credit; (E)(F) Travel expenses; (F)(G) Alimony; (G)(H) Mortgage; (H)(I) Permanency plan or foster care plan; (I)(J) Extraordinary expenses; (J)(K) Parenting time; and (K)(L) Nonspecific deviations;"
SECTION 3. Said Code section is further amended by revising paragraph (4) of subsection (c) as follows:
"(4) In all cases, the parties shall submit to the court their worksheets and schedules and the presence or absence of other factors to be considered by the court pursuant to the provisions of this Code section. The child support worksheet and, if there are any deviations, Schedule E shall be attached to the final court order or judgment; provided, however, that any order entered pursuant to Code Section 19-13-4 shall not be required to have such worksheet and schedule attached thereto."

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SECTION 4. Said Code section is further amended by revising subparagraph (i)(2)(B) as follows:
"(B) Low income. For purposes of this subparagraph, 'low-income person' means a parent whose annual gross income is at or below $1,850.00 per month.
(i) If the noncustodial parent is a low-income person and requests a deviation on such basis, the court or the jury shall determine if the noncustodial parent will be financially able to pay the child support order and maintain at least a minimum standard of living by calculating a self-support reserve as set forth in division (ii) of this subparagraph. The court or the jury shall take into account all nonexcluded sources of income available to each parent and all reasonable expenses of each parent, ensuring that such expenses are actually paid by the parent and are clearly justified expenses. The court or the jury shall also consider the financial impact that a reduction in the amount of child support paid to the custodial parent would have on the custodial parent's household. Under no circumstances shall the amount of child support awarded to the custodial parent impair the ability of the custodial parent to maintain minimally adequate housing, food, and clothing and provide for other basic necessities for the child being supported by the court order. (ii) To calculate the self-support reserve for the noncustodial parent, the court or the jury shall deduct $900.00 from the noncustodial parent's adjusted income. If the resulting amount is less than the noncustodial parent's pro rata responsibility of the presumptive amount of child support, the court or the jury may deviate from the amount of support provided for in the child support obligation table to the resulting amount. If the child support award amount would be less than $75.00, then the minimum child support order amount shall be $75.00. (iii) If the custodial parent is a low-income person, the court or the jury shall subtract $900.00 from the custodial parent's adjusted income. If the resulting amount is less than the custodial parent's pro rata responsibility of the presumptive amount of child support, the court or the jury shall not deviate from the amount of support required to be paid by the noncustodial parent as provided for in the child support obligation table. (iv) The self-support reserve calculation described in this subparagraph shall apply only to the current child support amount and shall not prohibit an additional amount being ordered to reduce an obligor's arrears. (v) The court shall make a written finding in its order or the jury shall find by special interrogatory that the low-income deviation from the presumptive amount of child support is clearly justified based upon the considerations and calculations described in this subparagraph. (i) If the noncustodial parent requests a low-income deviation, such parent shall demonstrate no earning capacity or that his or her pro rata share of the presumptive amount of child support would create an extreme economic hardship for such parent. A noncustodial parent whose sole source of income is supplemental security income received under Title XVI of the federal Social Security Act shall be considered to have no earning capacity.

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(ii) In considering a noncustodial parent's request for a low-income deviation, the court or the jury shall examine all attributable and excluded sources of income, assets, and benefits available to the noncustodial parent and may consider all reasonable expenses of the noncustodial parent, ensuring that such expenses are actually paid by the noncustodial parent and are clearly justified expenses. (iii) In considering a noncustodial parent's request for a low-income deviation, the court or the jury shall then weigh the income and all attributable and excluded sources of income, assets, and benefits and all reasonable expenses of each parent, the relative hardship that a reduction in the amount of child support paid to the custodial parent would have on the custodial parent's household, the needs of each parent, the needs of the child for whom child support is being determined, and the ability of the noncustodial parent to pay child support. (iv) Following a review of such noncustodial parent's gross income and expenses, and taking into account each parent's adjusted child support obligation and the relative hardships on the parents and the child, the court or the jury may consider a downward deviation to attain an appropriate award of child support which is consistent with the best interest of the child. (v) For the purpose of calculating a low-income deviation, the noncustodial parent's minimum child support for one child shall be not less than $100.00 per month, and such amount shall be increased by at least $50.00 for each additional child for the same case for which child support is being ordered. (vi) A low-income deviation granted pursuant to this subparagraph shall apply only to the current child support amount and shall not prohibit an additional amount being ordered to reduce a noncustodial parent's arrears. (vii) If a low-income deviation is granted pursuant to this subparagraph, such deviation shall not prohibit the court or jury from granting an increase or decrease to the presumptive amount of child support by the use of any other specific or nonspecific deviation."
SECTION 5. Said Code section is further amended by revising division (i)(2)(K)(ii) as follows:
"(ii) If the court or the jury determines that a parenting time deviation is applicable, then such deviation shall be applied to the noncustodial parent's basic child support obligation included with all other deviations and be treated as a deduction."
SECTION 6. Said Code section is further amended by revising paragraph (1) of subsection (m) as follows:
"(1) The child support worksheet is shall be used to record information necessary to determine and calculate child support. Schedules and worksheets shall be prepared by the parties for purposes of calculating the amount of child support. Information from the schedules shall be entered on the child support worksheet. The child support

WEDNESDAY, MARCH 4, 2009

1265

worksheet and, if there are any deviations, Schedule E shall be attached to the final court order or judgment; provided, however, that any order entered pursuant to Code Section 19-13-4 shall not be required to have such worksheet and schedule attached thereto."

SECTION 7. This Act shall become effective on September 1, 2009.

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black
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
Coan Y Cole E Coleman Y Collins, D Y Collins, T

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall E McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris E Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix

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Y Cooper Y Cox

Y Hatfield Y Heard

Y Maddox, G Y Mangham

Y Roberts Y Rogers

Y Yates Richardson,
Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 0.

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

HB 86. By Representatives Millar of the 79th, Smith of the 70th, Lindsey of the 54th, Teilhet of the 40th and Buckner of the 130th:

A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that returns of absentee ballots shall be made by precinct; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that returns of absentee ballots shall be made by precinct; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising subsection (d) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, as follows:
"(d) Any other provision of law to the contrary notwithstanding, if at any primary, general, or special election in any county any question is to be voted on involving any political subdivision which includes less than the entire county, all absentee ballots shall be separated by precinct for counting purposes All absentee ballots shall be counted and tabulated in such a manner that returns may be reported by precinct; and separate returns shall be certified made for each precinct in which absentee ballots were cast showing the results by each precinct in which the electors reside."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May
Mayo Y McCall E McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris E Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw E Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 0.

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

Representative Stephens of the 164th District, Chairman of the Committee on Economic Development and Tourism, submitted the following report:

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Mr. Speaker:

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

HB 492 Do Pass

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

Representative Golick of the 34th 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 16 HB 306 HB 429

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

Respectfully submitted, /s/ Golick of the 34th
Chairman

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

HB 45. By Representatives Mills of the 25th and Williams of the 4th:

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.

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The following Committee substitute was read and adopted:
A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by adding a new subsection to Code Section 21-2-216, relating to qualifications of electors generally, to read as follows:
"(g)(1) On and after January 1, 2010, an application for registration under this chapter shall be accompanied by satisfactory evidence of United States citizenship. The registrars shall reject any application for registration for which no satisfactory proof of citizenship is provided. Upon the receipt of an application without satisfactory proof of citizenship, the board of registrars shall notify the applicant in writing of the requirement to provide adequate proof of citizenship. The board of registrars shall not determine the eligibility of the applicant until and unless satisfactory proof of citizenship is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies satisfactory evidence of citizenship on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections; provided, however, that electors who registered to vote for the first time in this state by mail shall supply current and valid identification when voting for the first time as required in subsection (c) of Code Section 21-2-220. In the event the applicant does not respond to the request for the missing information within 30 days following the sending of notification to provide adequate proof of citizenship, the application shall be rejected. (2) Satisfactory evidence of citizenship shall include any of the following:
(A) The number of the applicant's Georgia driver's license or identification card issued by the Department of Driver Services if the applicant has provided satisfactory proof of United States citizenship to the Department of Driver Services or a legible photocopy of the applicant's driver's license or identification issued by an equivalent government agency of another state if the agency indicates on the driver's license or identification card that the applicant has provided satisfactory proof of United States citizenship to the agency;

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(B) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the board of registrars; (C) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the board of registrars of the applicant's United States passport; (D) A presentation to the board of registrars of the applicant's United States naturalization documents or the number of the applicant's certificate of naturalization. If only the number of the applicant's certificate of naturalization is provided, the applicant shall not be found eligible to vote until such number of the certificate of naturalization is verified with the United States Citizenship and Immigration Services by the board of registrars; (E) Other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act of 1986 (P. L. 99-603); (F) The applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number; and (G) Other documents and methods by which residents of this state who are bona fide United States citizens and who are not in possession of any of the documents enumerated in subparagraphs (A) through (F) of this paragraph may register to vote that shall be promulgated by rule and regulation of the State Election Board. (3) Notwithstanding any provision of this subsection, any person who is registered in this state on December 31, 2009, shall be deemed to have provided satisfactory evidence of citizenship and shall not be required to resubmit evidence of citizenship. (4) For the purposes of this subsection, proof of voter registration from another state shall not be satisfactory evidence of citizenship. (5) A person who changes addresses within a county shall not be required to submit evidence of citizenship. After citizenship has been demonstrated to the board of registrars, an elector shall not be required to resubmit satisfactory evidence of citizenship in that county. (6) After a person has submitted satisfactory evidence of citizenship, the board of registrars shall indicate such information on the elector's permanent voter file. After two years, the board of registrars may destroy all documents that were submitted as evidence of citizenship. (7) The Secretary of State shall establish procedures to match an applicant's voter registration information to the information contained in the data base maintained by the Department of Driver Services for the verification of the accuracy of the information provided on the application for voter registration, including whether the applicant has provided satisfactory proof of United States citizenship."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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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 Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Brooks E 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, D N Collins, T Y Cooper Y Cox

Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley E Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd E Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lindsey N Long Y Loudermilk N Lucas E Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall E McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris E Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish
Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M N Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M
Stephens, R E Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard E 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 102, nays 63.

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.

SB 83.

By Senators Rogers of the 21st, Williams of the 19th, Chance of the 16th, Pearson of the 51st, Hill of the 4th and others:

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A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to increase the amount of the state-wide homestead exemption from all ad valorem taxation for state, county, and school purposes from $2,000.00 to $4,000.00 with automatic future adjustments; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a special election; to provide for automatic repeal under certain circumstances; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend 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 a homestead exemption in the amount of $2,000.00 of the assessed value of a homestead in this state with respect to all ad valorem taxes for all residents of the state; to provide for automatic future adjustments of the exemption amount; to provide for a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, is amended by adding a new Code section to read as follows:
"48-5-44.1. (a) This Code section shall be known and may be cited as the 'Index Adjusted Homestead Exemption.' (b) As used in this Code section, the term:
(1) 'Ad valorem taxes' means all state ad valorem taxes; all county ad valorem taxes for county purposes levied by, for, or on behalf of a county; all county school district and independent school district taxes for educational purposes levied by, for, or on behalf of a school district; and all municipal taxes for municipal purposes levied by, for, or on behalf of a municipality; provided, however, that for purposes of this Code section, such term shall not include any ad valorem taxes to pay interest on and to retire bonded indebtedness. (2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40.

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(c) Each resident of the state is granted an exemption on that person's homestead from all ad valorem taxes in the amount of $2,000.00 of the assessed value of the homestead of such resident for the taxable year beginning January 1, 2009. For all taxable years beginning on or after January 1, 2010, the exemption amount shall be increased by a percentage equal to the cost-of-living index. No adjustment shall be made in any year in which the cost-of-living index decreases from the percentage amount of such index for the preceding year. The commissioner shall establish and maintain rules governing cost-of-living adjustments. Such rules shall include the determination and use of an appropriate cost-of-living index which reflects the effects of inflation and deflation on persons receiving benefits in the State of Georgia. The rules may use for this purpose the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor or any other similar index established by the federal government, if the commissioner determines that such federal index reflects the effects of inflation and deflation on persons receiving benefits in the State of Georgia. The value of that property in excess of such exempted amount shall remain subject to taxation. (d) A person shall not receive the index adjusted homestead exemption granted by subsection (c) of this Code section unless the person or person's agent files an application with the tax commissioner of the county in which that person resides giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner shall provide application forms for this purpose. (e) The index adjusted homestead exemption shall be claimed and returned as provided in Code Section 48-5-50.1. Such exemption shall be automatically renewed from year to year as long as the person occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (d) of this Code section, it shall not be necessary to make application thereafter for any year and such exemption shall continue to be allowed to such person. It shall be the duty of any person granted the index adjusted homestead exemption under this Code section to notify the tax commissioner of the county in which that person resides in the event that person for any reason becomes ineligible for that exemption. (f) The index adjusted homestead exemption granted by subsection (c) of this section shall be in addition to and not in lieu of any other homestead exemption notwithstanding any provision of any other homestead exemption to the contrary."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the third Tuesday in June, 2009. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the

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special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the special election. The ballot shall have written thereon the following:
"( ) YES Shall the Act be approved which provides for a state-wide $2,000.00 ( ) NO homestead exemption with automatic future index adjustments?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective immediately 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 special 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 special election date.

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield N Benton N Black N Brooks E Bruce Y Bryant N Buckner Y Burkhalter

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar Y Dooley E Drenner N Dukes
Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd E Fludd Y Franklin

N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A Y Holt
Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C E Johnson, T Y Jones, J N Jones, S N Jordan

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

Rynders N Scott, A Y Scott, M N Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B
Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T N Smith, V N Smyre Y Stephens, M Y Stephens, R E Stephenson

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Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Frazier E Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A N Powell, J N Pruett Y Ralston Y Ramsey N Randall Y Reece E Reese Y Rice Y Roberts N Rogers

N Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon 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, the ayes were 98, nays 63.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Hill of the 21st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Ehrhart of the 36th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Keen of the 179th 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 83.

The following communications were received:

Legislative Services Committee

Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

February 27, 2009

Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334

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Dear Secretary of State Handel:

Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Brandon Beach was elected as the member of the State Transportation Board from the Sixth Congressional District. He will serve for a term expiring April 15, 2014. 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 Tommie Williams Honorable Mark Burkhalter Honorable Dan Moody Honorable Gerald Ross 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 Brandon Beach 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 6th Congressional District for a term expiring April 15, 2014.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

WEDNESDAY, MARCH 4, 2009

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/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 19, 2009, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Brandon Beach was elected as the member of the State Transportation Board from the Sixth Congressional District to serve a term expiring April 15, 2014.
Respectfully submitted,
/s/ Mark Burkhalter Honorable Mark Burkhalter Representative, District 50 CHAIRMAN
/s/ Dan Moody Honorable Dan Moody Senator, District 56 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
February 27, 2009
Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334

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Dear Secretary of State Handel:

Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Bill Kuhlke was elected as the member of the State Transportation Board from the Tenth Congressional District. He will serve for a term expiring April 15, 2014. 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 Tommie Williams Honorable Tom McCall Honorable Barbara Sims Honorable Gerald Ross 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 Bill Kuhlke 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 10th Congressional District for a term expiring April 15, 2014.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

WEDNESDAY, MARCH 4, 2009

1279

/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 19, 2009, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Bill Kuhlke was elected as the member of the State Transportation Board from the Tenth Congressional District to serve a term expiring April 15, 2014.
Respectfully submitted,
/s/ Tom McCall Honorable Tom McCall Representative, District 30 CHAIRMAN
/s/ Barbara Sims Honorable Barbara Sims Representative, District 119 SECRETARY
Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
February 27, 2009
Honorable Karen Handel Secretary of State 214 State Capitol Atlanta, GA 30334

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Dear Secretary of State Handel:

Enclosed is a certificate from the Lieutenant Governor and the Speaker of the House of Representatives certifying that Honorable Bobby Parham 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 Tommie Williams Honorable Bobby Parham Honorable Gloria Frazier Honorable Gerald Ross 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 Bobby Parham 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 12th Congressional District for a term expiring April 15, 2013.

/s/ Casey Cagle HONORABLE CASEY CAGLE LIEUTENANT GOVERNOR

WEDNESDAY, MARCH 4, 2009

1281

/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 19, 2009, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Bobby Parham 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,
/s/ Tommie Williams Honorable Tommie Williams Senator, District 19 CHAIRMAN
/s/ Gloria Frazier Honorable Gloria Frazier Representative, District 123 SECRETARY
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, March 5, 2009

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 Allison Amerson Anderson Austin Baker Battles Bearden
E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Carter, A Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox

Crawford Davis, H Davis, S Dawkins-Haigler Dempsey Dickson Dobbs Dooley Drenner Dukes Ehrhart England Epps, C Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton E Hanner Harbin Harden, B

Harden, M Hatfield Heard Hembree E Henson Hill, C Hill, C.A Holt Houston Howard Hugley Jackson Jacobs James Jerguson Johnson, C Johnson, T Jones, J Kaiser Keen Keown Knight Knox Lane, R Levitas Lindsey Long Loudermilk Lunsford Maddox, B

Mangham Manning Marin Maxwell May Mayo McCall McKillip Meadows E Millar E Mills Mitchell E Morgan Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, J Pruett Ramsey E Randall

E Reese Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Setzler Shaw
E Sims, B Sims, C Smith, L Smith, T Smith, V Stephens, M Stephens, R
E Stephenson Talton Taylor Teilhet Thomas Thompson Williams, A Williams, E Williams, M Williams, R Yates Richardson,
Speaker

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

Representatives Ashe of the 56th, Barnard of the 166th, Butler of the 18th, Byrd of the 20th, Carter of the 159th, Cole of the 125th, Day of the 163rd, Dollar of the 45th, Floyd of the 99th, Horne of the 71st, Hudson of the 124th, Jordan of the 77th, Lane of the 158th, Lucas of the 139th, Maddox of the 172nd, Martin of the 47th, Powell of the 29th, Ralston of the 7th, Shipp of the 58th, Sinkfield of the 60th, Smith of the 113th, Smyre of the 132nd, Walker of the 107th, Weldon of the 3rd, Wilkinson of the 52nd, Willard of the 49th, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Pastor Leon Washington, Evergreen Baptist Church, Kingsland, Georgia.
The members pledged allegiance to the flag.
The following communication was received:
Please count my vote on HB 45, on Wednesday, March 4, 2009, as a "No" vote.
/s/ Rep. Roger Bruce
Representative Sims of the 169th, 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 655. By Representatives Smith of the 131st, Burkhalter of the 50th, Keen of the 179th, Smith of the 113th, Mills of the 25th and others:

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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 net capital gains shall be excluded from state taxable income of corporations and individuals; 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 656. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, relating to motor vehicle accident reparations, so as to provide that a religious organization that meets certain requirements may quality as a self-insurer; to provide additional qualifications; to provide for forms of acceptable minimum security; to provide for cancellation of the certificate; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 657. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to change the powers, duties, and authority of the board; to change the powers, duties, and authority of the county administrator; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 658. By Representatives James of the 135th and Harden of the 147th:
A BILL to be entitled an Act to create a board of elections and registration for Dooly 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 an election supervisor and the powers and duties thereof; to provide for certain expenditures of public funds; to provide for submission

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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 659. By Representatives Burkhalter of the 50th, Rice of the 51st, Martin of the 47th and Willard of the 49th:
A BILL to be entitled an Act to amend an Act providing a charter for the City of Johns Creek, approved March 29, 2006 (Ga. L. 2006, p. 3503), so as to provide for certain restrictions on the adoption of ordinances.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 660. By Representative Parrish of the 156th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County Board of Commissioners should levy an ad valorem tax for the purpose of realizing tax revenue to provide payment for Candler County Hospital Authority's services and facilities; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 661. By Representative Mitchell of the 88th:
A BILL to be entitled an Act to amend Chapter 13 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by Regional Economic Assistance Projects, so as to provide for a retail license for off-premises consumption for a developer, owner, or operator of a Regional Economic Assistance Project; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 662. By Representatives Chambers of the 81st and Martin of the 47th:
A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to create the Capitol Police Division; to provide for personnel and duties;

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to provide for funding; to provide for the off-duty use of official vehicles; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to define a certain term; to provide for duties of certain employees of the Department of Public Safety; to repeal certain security duties of janitors and watchmen in public buildings; to make certain provisions relative to denying entrance to the capitol and other public 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 663. By Representatives Ralston of the 7th, Lane of the 167th, Knox of the 24th and Rice of the 51st:
A BILL to be entitled an Act to amend Chapter 1 of Title 41 and Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances and torts, respectively, so as to change provisions relating to nuisances and product liability causes of actions; to clarify the nature of a public nuisance; to limit a manufacturer's liability 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.
HB 664. By Representative Marin of the 96th:
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 665. By Representatives Hamilton of the 23rd, Scott of the 153rd, Amerson of the 9th, Collins of the 27th, Hanner of the 148th 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 primaries and elections generally, so

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as to provide for a pilot program for the 2010 general primary and general election for the electronic transmission of absentee ballots by military and overseas citizens; to provide for the requirements and procedures for such program; to provide for certain rules and regulations; to provide for certain reports; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 666. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A BILL to be entitled an Act to amend an Act creating the Eatonton-Putnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), so as to change certain provisions relating to the composition of the authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 668. By Representatives Sheldon of the 105th, Coleman of the 97th, Cox of the 102nd, Carter of the 175th, Floyd of the 99th and others:
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 authorize a local board of education to reassign a bullying student to another school to separate the student from his or her victim; to provide for immediate notification of law enforcement officials when a student commits an alleged physical assault or battery on another student or on a teacher, school administrator, or other school personnel; to authorize a hearing officer, tribunal, panel, superintendent, or local board of education to reassign a student who has committed certain acts to another school to separate the student from his or her victim; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 669. By Representatives Butler of the 18th, Roberts of the 154th, Rice of the 51st and Martin of the 47th:
A BILL to be entitled an Act to prohibit engaging in certain outdoor sporting activities while under the influence of alcohol, drugs, or other substances; to amend Code Section 27-3-7 of the O.C.G.A., relating to hunting under the

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influence of alcohol or drugs, so as to harmonize certain provisions with those applicable to driving a vehicle under the influence of alcohol, drugs, or other substances; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to registration, operation, and sale of watercraft, so as to harmonize certain provisions relating to operation of vessels, water skis, aquaplanes, and surfboards while under the influence of alcohol or drugs with those applicable to driving a vehicle under the influence of alcohol, drugs, or other substances; to change certain provisions relating to ordering drugs or alcohol tests, implied consent notice, reports, suspension, hearing, and certificate of inspection relating to vessels; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 670. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend an Act creating the Clayton-Rabun County Water and Sewer Authority, approved April 17, 1992 (Ga. L. 1992, p. 6403), so as to provide for membership for such authority; to provide for certain residential requirements to qualify for such membership; to provide for terms; to provide for a procedure for selecting a chairman and vice chairman for such authority; to provide that a unanimous vote is required to approve certain issues; to provide for certain preconditions in order to authorize certain projects; to provide for ownership of certain projects; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 671. By Representatives Reece of the 11th, Talton of the 145th, Hill of the 180th, Stephens of the 164th, Manning of the 32nd and others:
A BILL to be entitled an Act to amend Code Section 45-20-16 of the Official Code of Georgia Annotated, relating to rules for accrual of leave, holidays, and compensation for closing of state offices, so as to provide for the accrual of leave during a furlough period; 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 672. By Representatives Williams of the 4th, Dickson of the 6th and Weldon of the 3rd:

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A BILL to be entitled an Act to amend an Act to provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof, approved March 28, 1990 (Ga. L. 1990, p. 4663), so as to provide that the authorization to elect continued group health insurance coverage of those members, officers, and the spouses and eligible dependents of those individuals employed or elected on or after the effective date of this Act shall no longer be available to such individuals once they are no longer serving as members or officers; 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 675. By Representatives Wilkinson of the 52nd, Cooper of the 41st, Benfield of the 85th and Henson of the 87th:
A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and others, so as to provide for the certification of polysomnographic technologists; to provide a short title; to provide legislative findings; to provide for definitions; to provide for applications to be made to the Composite State Board of Medical Examiners to obtain certification to practice polysomnography; to provide for powers and duties of the board; to provide for certification standards and requirements; 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 676. By Representatives Cheokas of the 134th, Sims of the 169th, Franklin of the 43rd, Maddox of the 127th, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, so as to authorize the use of process to secure the attendance of witnesses and the production of documents before the House Committee on Information and Audits; to provide for service, witness fees, and records; to provide for criminal failure to respond to a subpoena or answer questions and punishment therefor; to provide for other related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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HB 682. By Representative Sellier of the 136th:
A BILL to be entitled an Act to amend an Act providing a charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to provide for city administrator; to provide for the selection of such administrator; to provide for terms for such administrator; to provide for qualifications to serve as city administrator; to provide for duties; to provide for the authority to assess, levy, and collect ad valorem taxes on all real and personal property within the City of Byron; to provide for a method for establishing such taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 683. By Representatives Powell of the 171st, Willard of the 49th, Meadows of the 5th, Abrams of the 84th and Harden of the 147th:
A BILL to be entitled an Act to amend Code Section 36-33-1 of the Official Code of Georgia Annotated, relating to immunity of municipal corporations from liability for damages, waiver of immunity by purchase of liability insurance, and liability for acts or omissions generally, so as to provide for sovereign immunity for municipal corporations from losses resulting from the plan or design for construction of, or improvement to, highways, roads, streets, bridges, utilities, or other public works where such plan or design is prepared in substantial compliance with generally accepted engineering or design standards in effect at the time of preparation of the plan or design; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 684. By Representatives Chambers of the 81st, Scott of the 153rd and Oliver of the 83rd:
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 Non-Civil.

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HB 685. By Representative Epps of the 128th:
A BILL to be entitled an Act to create the Manchester Public Utilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges and earnings of the authority, contract payments to the authority and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings and contract payments of the authority for the payment of such revenue bonds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 686. By Representative Rynders of the 152nd:
A BILL to be entitled an Act to create a board of elections and registration for Worth 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 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 687. By Representatives Davis of the 109th, Yates of the 73rd, Mayo of the 91st, Lunsford of the 110th, Baker of the 78th and others:
A BILL to be entitled an Act to amend an Act providing for the Henry County Board of Elections and Registration, approved May 3, 2006 (Ga. L. 2006, p. 4062), so as to provide for terms for the membership of such board; to provide for the location of such board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 688. By Representatives Davis of the 109th, Yates of the 73rd, Baker of the 78th, Lunsford of the 110th, Mayo of the 91st and others:
A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Henry County," approved March 10, 1988 (Ga. L. 1988, p. 3849), as amended, so as to provide for the election

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and qualification of the chief magistrate of Henry County; to provide for the appointment and qualification of magistrates other than the chief magistrate; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 689. By Representatives Davis of the 109th, Yates of the 73rd, Mayo of the 91st, Lunsford of the 110th, Baker of the 78th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, so as to provide that the solicitor-general of such court and his or her investigators shall have arrest powers and law enforcement authority; to provide for conditions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 561. By Representative Greene of the 149th:
A RESOLUTION dedicating a portion of State Route 45 as the Joe Bryan Highway; and for other purposes.
Referred to the Committee on Transportation.
HR 564. By Representative Crawford of the 16th:
A RESOLUTION celebrating the life of Glenn McCarver Smith III and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 566. By Representatives Geisinger of the 48th, Powell of the 29th, Rice of the 51st, Abrams of the 84th, Peake of the 137th and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the imposition, collection, and disbursement of state title fees on motor vehicles pursuant to prior or subsequently enacted general law; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Ways & Means.

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By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 700. By Representatives Smith of the 113th and Hembree of the 67th:
A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to provide for utilization by the Board of Regents of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Education Authority (University) of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Higher Education Facilities Authority of certain construction related services of the Georgia State Financing and Investment Commission; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HB 701. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to establish a method of appointment for members of the board of the Americus and Sumter County Hospital Authority as authorized pursuant to subsection (d) of Code Section 31-7-72 of the O.C.G.A.; to provide for legislative intent; to provide for direct appointment of members to such authority by the governing bodies of Sumter County and the City of Americus; 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 702. By Representative Carter of the 159th:
A BILL to be entitled an Act to amend Article 8 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the protection of elderly persons, so as to provide that the offense of cruelty to a person 65 years of age or older includes the exploitation of a disabled adult or elder person; to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to reporting abuse or exploitation of residents in long term care facilities, so as to provide that the exploitation of certain persons in long-term care facilities shall be a felony; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 703. By Representative Smith of the 168th:

A BILL to be entitled an Act to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain persons be granted first right to purchase property previously condemned by the county; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Planning & Community Affairs.

HR 567. By Representatives Neal of the 1st, Williams of the 165th, Everson of the 106th, Walker of the 107th, Glanton of the 76th and others:

A BILL proposing an amendment to the Constitution, in a manner consistent with the United States Constitution, so as to prevent discrimination in the public funding of social services by allowing religious or faith based organizations to receive public aid, directly or indirectly, for the provision of such services; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referred to the Committee on Human Relations & Aging.

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

HB 620 HB 621 HB 624 HB 625 HB 626 HB 627 HB 628 HB 629 HB 630 HB 631 HB 632 HB 633 HB 634 HB 635 HB 636 HB 637 HB 638 HB 639

HB 649 HB 650 HB 651 HB 652 HB 653 HB 654 HB 667 HB 673 HB 674 HB 677 HB 678 HB 679 HB 680 HB 681 HR 533 HR 534 HR 535 HR 562

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HB 640 HB 641 HB 642 HB 643 HB 644 HB 645 HB 646 HB 647 HB 648

HR 563 SB 2 SB 65 SB 86 SB 151 SB 157 SB 159 SR 294

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

HB 367 Do Pass, by Substitute HB 416 Do Pass, by Substitute

SB 110 Do Pass SB 111 Do Pass

Respectfully submitted, /s/ Lane of the 158th
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 564 HB 577 HB 583 HB 584 HB 588 HB 589 HB 590

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

HB 591 HB 592 HB 593 HB 594 HB 596 HB 598 HB 618

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

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

Representative Golick of the 34th 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 219 Do Pass, by Substitute HB 575 Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 34th
Chairman

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

Mr. Speaker:

Your Committee on Public Safety and Homeland Security has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 166 Do Pass, by Substitute HB 607 Do Pass

Respectfully submitted, /s/ Day of the 163rd
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 182 HR 185 HR 277

Do Pass Do Pass Do Pass

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

HOUSE RULES CALENDAR THURSDAY, MARCH 5, 2009

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 68 HB 147 HB 184 HB 244 HB 308 HB 464 HB 465 HB 476 HB 477 HB 514

Funeral establishments and crematories; disposition of cremains; provide (Substitute)(RegI-Sims-169th) Bonds or recognizances; forfeiture; relieve surety from liability (Substitute)(JudyNC-Talton-145th) Marriage license; sickle cell disease information; provide (Substitute)(H&HS-Frazier-123rd) Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority (GAff-Pruett-144th) Georgia Limited Liability Company Act; certain technical corrections; clarify provisions (Substitute)(Judy-Ralston-7th) Conditions of detention; certain medical costs; deductions from inmate account; modify provisions (Substitute)(SI&P-Reece-11th) Peace Officers' Annuity and Benefit Fund; revenues from fines and fees; employer contribution; provide (Ret-Maxwell-17th) Peace Officers' Annuity and Benefit Fund; retirement benefit options; provisions (Ret-Maxwell-17th) Retirement and pensions; creditable service; application requirement; remove (Ret-Maxwell-17th) Judicial system; assignment of senior judges; provide for provisions (Substitute)(JudyNC-Collins-27th)

Modified Open Rule

HB 528

Specialized land transactions; developers provide audits to homeowners; require (A&CA-McCall-30th)

Modified Structured Rule

HB 56

Sales and use tax; renegotiation of distribution certificates; change certain provisions (Substitute)(W&M-Willard-49th)

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HB 207 HB 278 HB 329

Off-road vehicles; operating restrictions; change certain provisions (Substitute)(MotV-Sims-169th) Quality Basic Education Act; direct instructional costs; temporarily waive certain expenditure controls (Ed-Ramsey-72nd) Probated or suspended sentences; maximum period of revocation; change provisions (Substitute)(JudyNC-Golick-34th)

Structured Rule

HB 63 HB 171 HB 304

Local government; redevelopment and issuance of certain bonds and obligations; change certain provisions (Substitute)(GAff-Ehrhart-36th) Public records; exemptions to requirements for disclosure; provisions (Substitute)(GAff-Manning-32nd) County taxation; appraisers duties upon property; change certain provisions (W&M-Porter-143rd)

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

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

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary and referred to the Committee on Natural Resources & Environment:

SB 78.

By Senators Tolleson of the 20th, Golden of the 8th, Wiles of the 37th, Stoner of the 6th, Hudgens of the 47th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

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By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 564. By Representatives McCall of the 30th and Benton of the 31st:
A BILL to be entitled an Act to provide a new charter for the City of Nicholson; 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 an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 577. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), as amended, so as to provide for compensation of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 583. By Representatives Shaw of the 176th, Carter of the 175th and Black of the 174th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Valdosta, approved April 19, 2000 (Ga. L. 2000, p. 4025), as amended, so as to revise the corporate limits of said municipality; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 584. By Representative Powell of the 171st:
A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for Mitchell County, approved March 25, 1996 (Ga. L. 1996, p. 3700); to specify the vehicle registration period for Mitchell County; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 588. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Broxton, Georgia, located in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, so as to revise the method of filling 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 589. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to reincorporate the City of Pearson in the County of Atkinson, approved March 29, 1971 (Ga. L. 1971, p. 2266), as amended, so as to revise the method of filling vacancies; to provide for submission 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 590. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), as amended, so as to revise the method of filling vacancies; to provide for election dates; to provide for terms of office; to provide for an oath of office; to provide for meetings; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 591. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, so as to revise the provisions for the filling of vacancies in the office of mayor or commission member; 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 592. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to provide and establish a new charter for the Town of Nicholls, in the County of Coffee, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to revise the manner of filling 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 593. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to create and incorporate the City of Denton in the County of Jeff Davis and grant a charter to that municipality under that name and style, approved February 28, 1966 (Ga. L. 1966, p. 2352), so as to revise the manner of filling vacancies; to provide for submission 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 594. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, particularly by an Act approved March 25, 1980

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(Ga. L. 1980, p. 3941), so as to revise the method of filling vacancies; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 596. By Representatives Hill of the 21st, Hamilton of the 23rd, Jerguson of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to authorize the governing authority of the City of Woodstock to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 598. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide a new charter for the City of Lumpkin; 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 618. By Representative Pruett of the 144th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to provide for continuation in office of current members; to provide for the staggered election and terms of office of

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subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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
Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Hembree
E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal
Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 149, nays 1.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Keen of the 179th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the Senate:

SB 83.

By Senators Rogers of the 21st, Williams of the 19th, Chance of the 16th, Pearson of the 51st, Hill of the 4th 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 increase the amount of the state-wide homestead exemption from all ad valorem taxation for state, county, and school purposes from $2,000.00 to $4,000.00 with automatic future adjustments; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a special election; to provide for automatic repeal under certain circumstances; to provide for effective dates; to provide for applicability; 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 Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Benfield N Benton Y Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter
Burns E Butler
Byrd Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs
Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene

E Heckstall Hembree
E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard
Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C N Johnson, T Y Jones, J
Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey

N Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows E Millar E Mills N Mitchell E Morgan Y Morris N Mosby N Murphy Y Neal N Nix
Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Powell, A Y Powell, J Y Pruett E Ralston

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon N Shipp E Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R
Smith, T Y Smith, V N Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard

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Coan Y Cole Y Coleman Y Collins, D N Collins, T
Cooper Y Cox

Y Hamilton E Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Long Loudermilk Lucas
Y Lunsford Y Maddox, B Y Maddox, G
Mangham

On the motion, the ayes were 97, nays 50.

Y Ramsey E Randall N Reece E Reese Y Rice Y Roberts Y Rogers

N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

Mr. Speaker:

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

SB 15. By Senators Douglas of the 17th, Johnson of the 1st, Goggans of the 7th, Rogers of the 21st, Hawkins of the 49th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for quarantining and certified clean up of sites where methamphetamine was unlawfully manufactured; to define certain terms; to provide for notices of quarantine and the filing thereof in the offices of clerks of superior courts; to provide for lists of persons authorized to perform testing, clean up, and certify fitness of previously quarantined property; to provide for filing of certificates of fitness in the offices of clerks of superior courts; to provide for lifting of quarantines; to provide for a registry of quarantined properties and the removal of properties from such list; to provide for continued applicability of other provisions of said chapter; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

SB 102. By Senators Hamrick of the 30th and Mullis of the 53rd:

A BILL to be entitled an Act to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and

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liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to increase the fees for providing certain criminal records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 117. By Senators Powell of the 23rd, Golden of the 8th, Staton of the 18th, Pearson of the 51st, Brown of the 26th 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 revise provisions related to the "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
SB 124. By Senators Heath of the 31st, Butterworth of the 50th, Staton of the 18th, Murphy of the 27th and Jackson of the 24th:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and disclosure of exempting legal authority, so as to provide that social security numbers in public documents shall not be disclosed; to repeal an exception; to repeal conflicting laws; and for other purposes.
SB 131. By Senators Hamrick of the 30th, Cowsert of the 46th, Crosby of the 13th and Tarver of the 22nd:
A BILL to be entitled an Act to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, so as to provide a short title; to comprehensively revise provisions relating to trusts, charitable trusts, trustees, and trust investments; to provide for general provisions relating to trusts; to provide for the creation and validity of express trusts; to provide for revocable trusts; to provide for reformation, modification, division, consolidation, and termination of trusts; to amend Code Section 7-1242 of the Official Code of Georgia Annotated, relating to restrictions on corporate fiduciaries, so as to provide that nonprofit corporations and other entities may lawfully act as a fiduciary; to repeal conflicting laws; and for other purposes.
SB 136. By Senators Douglas of the 17th, Rogers of the 21st, Chance of the 16th, Staton of the 18th, Hawkins of the 49th and others:

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A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to penal institutions, so as to require the Department of Corrections and the State Board of Pardons and Paroles to participate in the United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) Program or similar federal deportation program; to provide for conditions of parole; to amend Code Section 42-9-43.1 of the Official Code of Georgia Annotated, relating to citizenship status of a prisoner and deportation, so as to authorize conditional deportation parole release; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 141. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to change provisions relating to foreclosures and deficiency judgements; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents and other instruments pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to provide for filing documents when a deficiency judgment is sought; to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, so as to provide for recording of documents relating to sales under power and deficiency judgments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 163. By Senators Balfour of the 9th, Harbison of the 15th, Thomas of the 54th and Orrock of the 36th:
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 authorize the commissioner of human resources to appoint a diabetes coordinator; to provide for the department to serve as the central repository of diabetes treatment and prevention data; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th:
A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act

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approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 183. By Senator Douglas of the 17th:
A BILL to be entitled an Act to authorize the governing authority of the City of Locust Grove to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 212. By Representatives Burkhalter of the 50th, Keen of the 179th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to continue for a limited period of time the partial exemption from the state sales and use tax on certain sales or uses of jet fuel; to continue for a limited period of time the exemption from a certain local sales and use tax on certain sales or uses of jet fuel; to provide for related matters; to provide for an effective date; 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 437. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), so as to provide that the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County; to provide for compensation; to provide for the appointment and compensation of a clerk of the magistrate court; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

SB 15.

By Senators Douglas of the 17th, Johnson of the 1st, Goggans of the 7th, Rogers of the 21st, Hawkins of the 49th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for quarantining and certified clean up of sites where methamphetamine was unlawfully manufactured; to define certain terms; to provide for notices of quarantine and the filing thereof in the offices of clerks of superior courts; to provide for lists of persons authorized to perform testing, clean up, and certify fitness of previously quarantined property; to provide for filing of certificates of fitness in the offices of clerks of superior courts; to provide for lifting of quarantines; to provide for a registry of quarantined properties and the removal of properties from such list; to provide for continued applicability of other provisions of said chapter; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 102. By Senators Hamrick of the 30th and Mullis of the 53rd:

A BILL to be entitled an Act to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, so as to increase the fees for providing certain criminal records; 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 117. By Senators Powell of the 23rd, Golden of the 8th, Staton of the 18th, Pearson of the 51st, Brown of the 26th 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 revise provisions related to the "Made in Georgia" program; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Economic Development & Tourism.
SB 124. By Senators Heath of the 31st, Butterworth of the 50th, Staton of the 18th, Murphy of the 27th and Jackson of the 24th:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required and disclosure of exempting legal authority, so as to provide that social security numbers in public documents shall not be disclosed; to repeal an exception; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 131. By Senators Hamrick of the 30th, Cowsert of the 46th, Crosby of the 13th and Tarver of the 22nd:
A BILL to be entitled an Act to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and estates, so as to provide a short title; to comprehensively revise provisions relating to trusts, charitable trusts, trustees, and trust investments; to provide for general provisions relating to trusts; to provide for the creation and validity of express trusts; to provide for revocable trusts; to provide for reformation, modification, division, consolidation, and termination of trusts; to amend Code Section 71-242 of the Official Code of Georgia Annotated, relating to restrictions on corporate fiduciaries, so as to provide that nonprofit corporations and other entities may lawfully act as a fiduciary; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 136. By Senators Douglas of the 17th, Rogers of the 21st, Chance of the 16th, Staton of the 18th, Hawkins of the 49th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to penal institutions, so as to require the Department of Corrections and the State Board of Pardons and Paroles to participate in the United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) Program or similar federal deportation program; to provide for conditions of parole; to amend Code Section 42-9-43.1 of the Official Code of Georgia Annotated, relating to citizenship status of a prisoner and deportation, so as to authorize conditional deportation parole

THURSDAY, MARCH 5, 2009

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release; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 141. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to change provisions relating to foreclosures and deficiency judgements; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents and other instruments pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to provide for filing documents when a deficiency judgment is sought; to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, so as to provide for recording of documents relating to sales under power and deficiency judgments; 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 163. By Senators Balfour of the 9th, Harbison of the 15th, Thomas of the 54th and Orrock of the 36th:
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 authorize the commissioner of human resources to appoint a diabetes coordinator; to provide for the department to serve as the central repository of diabetes treatment and prevention data; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th:
A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p.

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400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 183. By Senator Douglas of the 17th:
A BILL to be entitled an Act to authorize the governing authority of the City of Locust Grove to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; 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:
Brooks of the 63rd, Knight of the 126th, and James of the 135th.
The following Resolution of the House was read:
HR 565. 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 2009 regular session of the General Assembly for the period of March 5, 2009, through April 3, 2009, shall be as follows:
Thursday, March 5 .................................................................. in session for legislative day 27 Friday, March 6 through Sunday, March 8 ............................. in adjournment Monday, March 9 .................................................................... in session for legislative day 28 Tuesday, March 10 .................................................................. in session for legislative day 29 Wednesday, March 11 ............................................................. in adjournment Thursday, March 12 ................................................................ in session for legislative day 30 Friday, March 13 through Monday, March 16 ........................ in adjournment Tuesday, March 17 .................................................................. in session for legislative day 31 Wednesday, March 18 ............................................................. in session for legislative day 32 Thursday, March 19 ................................................................ in session for legislative day 33 Friday, March 20 ..................................................................... in session for legislative day 34

THURSDAY, MARCH 5, 2009

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Saturday, March 21and Sunday, March 22 ............................. in adjournment Monday, March 23 .................................................................. in session for legislative day 35 Tuesday, March 24 .................................................................. in adjournment Wednesday, March 25 ............................................................. in session for legislative day 36 Thursday, March 26 ................................................................ in session for legislative day 37 Friday, March 27 through Sunday, March 29 ......................... in adjournment Monday, March 30 .................................................................. in session for legislative day 38 Tuesday, March 31 .................................................................. in adjournment Wednesday, April 1 ................................................................. in session for legislative day 39 Thursday, April 2 .................................................................... in adjournment Friday, April 3 ......................................................................... in session for legislative day 40

BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hours for closing and convening the Senate on each day may be as ordered by the Senate; and the hours for closing and convening the House on each day may be as ordered by the House.

BE IT FURTHER RESOLVED that the provisions of this resolution shall supersede and control over any conflicting provisions of HR 238.

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon
Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard

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Y Coan Cole
Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Ramsey E Randall Y Reece E Reese
Rice Y Roberts Y Rogers

On the adoption of the Resolution, the ayes were 156, nays 0.

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

The Resolution was adopted.

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

HR 182. By Representatives Maddox of the 172nd and Keown of the 173rd:

A RESOLUTION commending the heroic actions of Dylan Dixon and inviting him to appear before the House of Representatives; and for other purposes.

HR 185. By Representatives Glanton of the 76th, Baker of the 78th, Johnson of the 75th and Abdul-Salaam of the 74th:

A RESOLUTION recognizing and commending the 2008 Jonesboro High School Mock Trial team and inviting them to appear before the House of Representatives; and for other purposes.

HR 277. By Representatives James of the 135th and Sellier of the 136th:

A RESOLUTION honoring the life and memory of Mr. Robert Thomas Church Sr., and inviting his family to appear before the House of Representatives; and for other purposes.

The Speaker Pro Tem assumed the Chair.

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

HB 184. By Representatives Frazier of the 123rd, Williams of the 89th, Amerson of the 9th, Nix of the 69th, Brooks of the 63rd and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and

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ceremony, so as to provide for the public dissemination of information relating to sickle cell disease; 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 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, so as to provide for the public dissemination of information relating to sickle cell disease; 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 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, is amended by revising Code Section 19-3-40, which is reserved, as follows:
"19-3-40. (a) As used in this Code section, the term 'blood test for sickle cell disease' means a blood test for sickle cell anemia, sickle cell trait, and other detectable abnormal hemoglobin. (b) The Department of Human Resources shall prepare information for public dissemination on the department's website describing the importance of obtaining a blood test for sickle cell disease and explaining the causes and effects of such disease. Such information shall recommend that each applicant applying for a marriage license obtain a blood test for sickle cell disease prior to obtaining a marriage license. Such information may also be provided as a brochure or other document. The department shall make such information available in electronic format to the probate courts of this state which shall disseminate such information to all persons applying for marriage licenses. Reserved."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Richardson of the 19th et al. move to amend the House committee substitute to HB 184 (LC 33 3008S) by inserting after the words "as to" on line 2 the following:

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revise provisions of said article; to provide for state officers authorized to perform marriage ceremonies; to

By redesignating Section 2 as Section 3 and striking all matter on line 8 and inserting in place thereof the following:

marriage license and ceremony, is amended in Code Section 19-3-30, relating to issuance, return, and recording of marriage licenses, by revising subsection (c) as follows:
"(c) The license shall be directed to any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, present or former constitutional officer referred to in Article III, Section III or Article V of the Constitution, minister, or other person of any religious society or sect authorized by the rules of such society to perform the marriage ceremony; such license shall authorize the marriage of the persons therein named and require the judge, city recorder, magistrate, minister, or other authorized person to return the license to the judge of the probate court with the certificate thereon as to the fact and date of marriage within 30 days after the date of the marriage. The license with the return thereon shall be recorded by the judge in a book kept by such judge for that purpose."

SECTION 2. Said article is further amended by revising Code Section 19-3-40, which is

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V

THURSDAY, MARCH 5, 2009

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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, D
Collins, T Cooper Y Cox

Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson
Walker E Weldon 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 155, nays 1.

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

Representative Knox of the 24th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Collins of the 95th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 147. By Representatives Talton of the 145th, O`Neal of the 146th, Randall of the 138th, Lucas of the 139th and Everson of the 106th:

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 certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

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To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide that professional bondsmen shall provide clerks of court with contact information for purposes of receiving certain notices; to provide that clerks of court shall maintain such information; to relieve a surety from liability under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by revising Code Section 17-6-50, relating to persons deemed professional bondsmen and criminal background investigation, by adding a new subsection (d) to read as follows:
"(d) It shall be the duty of each professional bondsman approved by the sheriff in accordance with this part to provide the clerk of each court before which one or more of such professional bondsman's principals are required to appear with the business name, complete address, telephone number, and e-mail address of the chief operating officer or his or her designee of such professional bondsman for the purpose of receiving any notices that may be sent pursuant to Code Section 17-6-71. Each professional bondsman shall have the duty to keep such information current and accurate. It shall be the duty of each clerk of court to keep, maintain, and update such information as provided by a professional bondsman."
SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 17-6-71, relating to execution hearing on failure of principal to appear, as follows:
"(a) The judge shall, at the end of the court day, upon the failure of the principal to appear, forfeit the bond and order an execution hearing not sooner than 120 days but not later than 150 days after such failure to appear. Notice of the execution hearing shall be served by the clerk of the court in which the bond forfeiture occurred within ten days of such failure to appear by certified mail or statutory overnight delivery by electronic means as provided in Code Section 17-6-50 to the surety at the address listed on the bond or by personal service to the surety within ten days of such failure to appear at its home office or to its designated registered agent. Service shall be considered complete upon the mailing of such certified notice. Such ten-day notice shall be adhered to strictly. If notice of the execution hearing is not served as specified in this subsection, the surety shall be relieved of liability on the appearance bond."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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 E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B
Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar E Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw E Sheldon
Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L
Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon 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.

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JOURNAL OF THE HOUSE

Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 514. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, is amended by revising subsection (n) of Code Section 151-9.1, relating to requesting judicial assistance from other courts, as follows:
"(n) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any:
(1) criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; provided, however, that a senior judge may be assigned, designated, or preside in such a case if the judge had

THURSDAY, MARCH 5, 2009

1321

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 chapter is further amended by revising subsection (e) of Code Section 15-1-9.2, relating to senior judge status and requesting assistance from senior judges, as follows:
"(e) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any:
(1) Criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; 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 chapter is further amended by revising subsection (g) of 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, as follows:
"(g) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any:
(1) Criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; 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. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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JOURNAL OF THE HOUSE

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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 E Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

N Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J E Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 1.

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

THURSDAY, MARCH 5, 2009

1323

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 "aye" thereon.

HB 244. By Representatives Pruett of the 144th, Harden of the 28th, Everson of the 106th, Jacobs of the 80th, Sellier of the 136th and others:

A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance 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.

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton
Black 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 E Cole Y Coleman Y Collins, D Y Collins, T

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J E Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M

E Heckstall Y Hembree N Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix N Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall Y Reece E Reese Y Rice

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix

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JOURNAL OF THE HOUSE

Y Cooper Y Cox

Y Hatfield Y Heard

Maddox, G Y Mangham

Y Roberts Y Rogers

On the passage of the Bill, the ayes were 154, nays 4.

Y Yates Richardson,
Speaker

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

HB 68. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for certain costs and fees to be paid by the authorizing agent; 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 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, is amended by adding a new Code section to read as follows:
"43-18-80. (a) For the purposes of this Code section, 'authorizing agent' means a person legally entitled to authorize the cremation of human remains. (b) The authorizing agent shall provide to the funeral establishment in which the cremation arrangements are made a signed statement specifying the ultimate disposition of the cremated remains, if known. A copy of this statement shall be retained by the funeral establishment offering or conducting the cremation. (c) Cremated remains shall be shipped only by a method that has an internal tracking system available and that provides a receipt signed by the person accepting delivery. (d) The authorizing agent shall be responsible for the disposition of the cremated remains. If, after 60 days from the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the cremated

THURSDAY, MARCH 5, 2009

1325

remains, the funeral establishment or entity in possession of the cremated remains shall send a notification to the authorizing agent notifying him or her that, pursuant to this subsection, failure to respond to such notification and specify the final disposition of the cremains within 30 days of the transmission of such notice shall authorize the funeral establishment to make arrangements for the disposition of the cremains. If, after 30 days, the funeral establishment or entity in possession of the cremated remains has not received instructions from the authorizing agent describing a specific method of disposing of the cremains, the funeral establishment or entity in possession of the cremains shall be authorized to dispose of the cremated remains in a dignified and humane manner by entombing such cremains in a crypt or underground in accordance with local and state law or by storage in the funeral establishment. The final resting place of the cremains shall be clearly marked and recorded by the funeral establishment entombing the cremains. Any costs or fees incurred to entomb, inter, or disinter the cremains shall be the responsibility of the authorizing agent; provided, however, that such cost shall not exceed $100.00."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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 Allison Y Amerson Y Anderson Y Ashe
Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton
Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day
Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J E Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet

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JOURNAL OF THE HOUSE

Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B
Maddox, G Y Mangham

Y Peake Y Porter Y Powell, A Y Powell, J
Pruett E Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Thomas Y Thompson Y Walker Y Weldon 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.

Due to a mechanical malfunction, the votes of Representatives Dempsey of the 13th and Smith of the 113th were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 464. By Representatives Reece of the 11th, Hill of the 21st, Jerguson of the 22nd, Greene of the 149th, Stephens of the 164th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 5, 2009

1327

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 generally, is amended by revising Code Section 42-5-55, relating to deductions from an inmate account for the payment of certain damages and medical costs, limits on deductions, and fee for managing inmate accounts, as follows:
"42-5-55. (a) As used in this Code section, the term:
(1) 'Chronic illness' means an illness requiring care and treatment over an extended period of time. Chronic illness includes, but is not limited to, hypertension, diabetes, pulmonary illness, a seizure disorder, acquired immune deficiency syndrome, cancer, tuberculosis B, hepatitis C, rheumatoid arthritis, an autoimmune disorder, and renal disease. (2) 'Detention facility' means a state, county, or private correctional institution, workcamp, or other state or county detention facility used for the detention of persons convicted of a felony or a misdemeanor. (2)(3) 'Inmate' means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor. (3)(4) 'Medical treatment' means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician's assistant or a nurse practitioner; registered nurse; licensed practical nurse; medical assistant; dentist; dental hygienist; optometrist; or psychiatrist for examination or treatment. (4)(5) 'Officer in charge' means the warden, captain, or superintendent having the supervision of any detention facility. (b) The commissioner or, in the case of a county or private facility, the officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to: (1) Repay the costs of:
(A) Public property or private property in the case of an inmate housed in a private correctional facility willfully damaged or destroyed by the inmate during his or her incarceration; (B) Medical treatment and prescription medication for injuries inflicted by the inmate upon himself or herself or others unless the inmate has a severe mental health designation as determined by the departement; (C) Searching for and apprehending the inmate when he or she escapes or attempts to escape; such costs to be limited to those extraordinary costs incurred as a consequence of the escape; or (D) Quelling any riot or other disturbance in which the inmate is unlawfully involved; or (2) Defray the costs paid by the state or county for: (A) Medical medical treatment for an inmate when the request for medical treatment has been initiated by the inmate; and

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JOURNAL OF THE HOUSE

(B) Medication prescribed for the treatment of a medical condition unrelated to pregnancy or a chronic illness. (c) The provisions of paragraph (2) of subsection (b) of this Code section shall in no way relieve the governmental unit, agency, or subdivision having physical custody of an inmate from furnishing him or her with needed medical treatment. (d) Notwithstanding any other provisions of this Code section, the deductions from money credited to the account of an inmate as authorized under subsection (b) of this Code section shall not be made whenever the balance in the inmate's account is $10.00 or less. (e) The officer in charge of any detention facility is authorized to charge a fee for establishing and managing inmate money accounts. Such fee shall not exceed $1.00 per month."

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 N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton
Black N Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J E Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser
Keen

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon N Shipp E Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton N Taylor

THURSDAY, MARCH 5, 2009

1329

Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 5.

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

HB 465. By Representatives Maxwell of the 17th, Meadows of the 5th and Benton of the 31st:

A BILL to be entitled an Act to amend Article 4 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees relative to the Peace Officers' Annuity and Benefit Fund, so as to provide for a certain employer contribution to such fund; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby

Y Rynders Scott, A
Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T

1330

JOURNAL OF THE HOUSE

Y Brooks Y Bruce 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 E Cole Y Coleman Y Collins, D Y Collins, T Cooper Y Cox

Y Epps, J E Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 155, nays 0.

E Smith, V Y Smyre
Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Stephens of the 161st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 476. By Representative Maxwell of the 17th:

A BILL to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, so as to provide that certain provisions relating to continued employment or reemployment shall not apply to certain 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.

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

E Abdul-Salaam Y Abrams Y Allison

Y Crawford Y Davis, H Y Davis, S

E Heckstall Y Hembree Y Henson

Y Manning Marin
Y Martin

Y Rynders Y Scott, A Y Scott, M

THURSDAY, MARCH 5, 2009

1331

Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce 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 E Cole Coleman Y Collins, D Y Collins, T Cooper Cox

Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J E Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Maxwell May
Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 152, nays 0.

Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Wix Y Yates Richardson, Speaker

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

Representative Cox of the 102nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 477. By Representative Maxwell of the 17th:

A BILL to be entitled an Act to amend Code Section 47-1-62 of the Official Code of Georgia Annotated, relating to procedure for establishment of creditable service, computations, employer contributions, and system or fund unable to provide creditable service, so as to remove a requirement that an application for certain creditable service be made within a certain period; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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 E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J E Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson E Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 159, nays 0.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Due to a mechanical malfunction, the vote of Representative Lane of the 158th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

THURSDAY, MARCH 5, 2009

1333

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 228 Do Pass, by Substitute
Respectfully submitted, /s/ Harbin of the 118th
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 321 Do Pass, by Substitute HB 342 Do Pass
Respectfully submitted, /s/ Knox of the 24th
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 329. By Representatives Golick of the 34th, Knox of the 24th, Hatfield of the 177th, Ramsey of the 72nd, Bearden of the 68th and others:
A BILL to be entitled an Act to amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated and suspended sentences, so as to change provisions relating to the maximum period of revocation after commission of a crime; to provide that for this purpose.

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The following Committee substitute was read and adopted:
A BILL
To amend Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated and suspended sentences, so as to provide that the commission of a misdemeanor offense in another state which would be a felony in this state shall be treated the same as the commission of a felony offense in this state for purposes of probation revocation; to provide for a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-8-34.1 of the Official Code of Georgia Annotated, relating to revocation of probated and suspended sentences, is amended by revising subsection (d) as follows:
"(d) If the violation of probation or suspension alleged and proven by a preponderance of the evidence or the defendant's admission is the commission of a felony offense, the court may revoke no more than the lesser of the balance of probation or the maximum time of the sentence authorized to be imposed for the crime felony offense constituting the violation of the probation. For purposes of this Code section, the term 'felony offense' means:
(1) A felony offense; (2) A misdemeanor offense committed in another state, the elements of which are proven by a preponderance of evidence showing that such offense would constitute a felony if the act had been committed in this state; or (3) A misdemeanor offense committed in another state that is admitted to by the defendant who also admits that such offense would be a felony if the act had been committed in this state."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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1335

E Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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 E Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J E Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L
Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker N Weldon 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, by substitute, the ayes were 156, nays 1.

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

Representative Smith of the 131st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 528. By Representatives McCall of the 30th and England of the 108th:

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 require developers to provide audits to homeowners in certain circumstances; to repeal conflicting laws; and for other purposes.

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The following amendment was read and adopted:

Representatives Channell of the 116th and McCall of the 30th move to amend HB 528 (LC 25 5510) by replacing lines 12 and 13 with the following:

shall provide a report itemizing the expenses for such homeowners' association to each homeowner not later than 60 days after the end of the year for which fees were assessed. This Code section shall not apply to any development

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns N Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart
England Epps, C Y Epps, J E Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree
Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett E Ralston Y Ramsey E Randall
Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Scott, A
Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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1337

On the passage of the Bill, as amended, the ayes were 152, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
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 540 Do Pass, by Substitute
Respectfully submitted, /s/ Scott of the 153rd
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 56. By Representatives Willard of the 49th, Geisinger of the 48th, Powell of the 171st and Thompson of the 104th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain

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provisions regarding discontinuation of the tax; 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 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, is amended by revising subsection (d) of Code Section 48-8-89, relating to the distribution of proceeds and the renegotiation of distribution certificates, as follows:
"(d)(1) Except as otherwise provided in paragraph (7) of this subsection, a certificate providing for the distribution of the proceeds of the tax authorized by this article shall expire on December 31 of the second year following the year in which the decennial census is conducted. No later than December 30 of the second year following the year in which the census is conducted, a renegotiated certificate meeting the requirements for certificates specified by subsection (b) of this Code section shall be filed with and received by the commissioner. The General Assembly recognizes that the requirement for government services is not always in direct correlation with population. Although a renegotiated certificate is required within a time certain of the decennial census, this requirement is not meant to convey an intent by the General Assembly that population as a criterion should be more heavily weighted than other criteria. It is the express intent of the General Assembly in requiring such renegotiation that eligible political subdivisions shall analyze local service delivery responsibilities and the existing allocation of proceeds made available to such governments under the provisions of this article and make rational the allocation of such resources to meet such service delivery responsibilities. Political subdivisions in their renegotiation of such distributions shall at a minimum consider the criteria specified in subsection (b) of this Code section. (2) The commissioner shall be notified in writing of the commencement of renegotiation proceedings by the county governing authority in on behalf of all eligible political subdivisions within the special district. The eligible political subdivisions shall commence renegotiations at the call of the county governing authority but no later than before July 1 of the second year following the year in which the census is conducted. If the county governing authority does not issue the call by that date, any eligible municipality may issue the call and so notify the commissioner and all eligible political subdivisions in the special district.
(3)(A) Following the commencement of such renegotiation, if the parties necessary to an agreement fail to reach an agreement within 60 days, such parties shall agree to submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which, in the judgment of the commissioner, reflects a good faith effort to resolve the dispute. Any renegotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (1) of this subsection. If the parties fail to reach an agreement within 60

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1339

days of submitting the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts, any party necessary to an agreement may file a petition in superior court of the county seeking resolution of the items remaining in dispute. Such petition shall be assigned to a judge pursuant to Code Section 15-1-9.1 or 156-13 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. (B) The county and qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district shall separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from the county and one from qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district. The offer from the county may be an offer representing the county and any municipalities that are not represented in the offer from the qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district. (C) Any qualified municipality or municipalities located wholly or partially within the special district who are not a party to an offer under subparagraph (B) of this paragraph and representing at least one-half of the aggregate municipal population of all qualified municipalities who are not a party to an offer under subparagraph (B) of this paragraph shall be authorized to separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from such qualified municipality or municipalities. (D) Each offer under subparagraphs (B) and (C) of this paragraph shall take into account the allocation required for any absent municipalities in accordance with subsection (b) of this Code section. The visiting or senior judge shall conduct such hearings as the judge deems necessary and shall render a decision based on, but not limited to, the criteria in subsection (b) of this Code section and in paragraph (1) of this subsection. The judge's decision as to the allocation of the tax proceeds shall adopt the best and final offer of one of the parties under subparagraphs (B) and (C) of this paragraph but shall also include findings of fact. The judge shall enter a final order containing a new distribution certificate and transmit a copy of it to the commissioner. Appeal shall be by application and the decision of the judge shall be disturbed only for the judge's disregard of the law, for partiality of the judge, or for corruption, fraud, or misconduct by the judge or a party. (4) If the renegotiated certificate provided for in paragraph (1) of this subsection is not received by the commissioner by the required date, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31 of the second year following the year in which the decennial census is conducted and the tax shall not be levied in the special district after such date unless the reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. When the imposition of

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the tax is so terminated, the commissioner shall retain the proceeds of the tax which were to be distributed to the governing authorities of the county and qualified municipalities within the special district until the commissioner receives a certificate in behalf of each such governing authority specifying the percentage of the proceeds which each such governing authority shall receive. If no such certificate is received by the commissioner within 120 days of the date on which the authority to levy the tax was terminated, the proceeds shall escheat to the state and the commissioner shall transfer the proceeds to the state's general fund the commissioner shall continue to distribute the sales tax proceeds according to the percentages specified in the existing certificate or in accordance with subsection (f) of Code Section 48-8-89.1, as applicable, until a new certificate is properly filed. (5) If the commissioner receives the a renegotiated certificate by the required date, the commissioner shall distribute the proceeds of the tax in accordance with the directions of the renegotiated certificate commencing on January 1 of the year immediately following the year in which such certificate was renegotiated or the first day of the second calendar month following the month such certificate was renegotiated, whichever is sooner. (6) Costs of any conflict resolution under paragraph (3) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the tax as reflected by the renegotiated certificate or as otherwise ordered by the court. (7) All distribution certificates on file with the commissioner on July 1, 1994, which were not renegotiated in accordance with the 1990 decennial census figures or renegotiated on or after January 1, 1992, shall expire on December 31, 1995. Renegotiations with respect to such certificates shall be commenced in accordance with the requirements of this subsection on or before July 1, 1994. If a renegotiated certificate is not received by the commissioner by July 1, 1995, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31, 1995, and the tax shall not be levied in the special district after that date unless reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. The commissioner shall retain and distribute the proceeds of such terminated tax in accordance with paragraph (4) of this subsection. (8) No qualified municipality within the special district whose population is less than 5 percent of the population in the special district according to the United States decennial census of 1990 shall receive a reduced percentage of distribution than presently being received under the existing certificate prior to renegotiations required in paragraph (7) of this subsection unless the new agreement is executed by the qualified municipality. This paragraph shall apply only to the negotiations required by paragraph (7) of this subsection and shall not apply to any subsequent renegotiations required by this subsection. (9)(7) Political subdivisions shall be authorized, at their option, to renegotiate distribution certificates on a more frequent basis than is otherwise required under this subsection.

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(8) Notwithstanding any other provision of this article to the contrary, the imposition of this tax shall not terminate based on a failure to file a new or renegotiated certificate. (10)(9) No provision of this subsection shall apply to any county which is authorized to levy or which levies a local sales tax, local use tax, or local sales and use tax for educational purposes pursuant to a local constitutional amendment or to any county which is authorized to expend all or any portion of the proceeds of any sales tax, use tax, or sales and use tax for educational purposes pursuant to a local constitutional amendment."
SECTION 2. Said article is further amended by revising subsection (d) of Code Section 48-8-89.1, relating to lapsing of the tax due to failure to file a new certificate, as follows:
"(d) If a new certificate is not filed for any special district as required by this Code section, the authority to impose the tax authorized by Code Section 48-8-82 within that special district shall cease on the first day of January of the year following the year in which the required distribution certificate could last have been timely filed. In any special district in which the authority to impose the tax is terminated pursuant to this subsection, the tax may thereafter be reimposed only pursuant to the procedures specified in Code Sections 48-8-84 through 48-8-86 Reserved."
SECTION 3. Said article is further amended by revising Code Section 48-8-92, relating to the referendum election on discontinuing imposition of the tax, as follows:
"48-8-92. (a) Whenever the governing authority of any county or and the governing authorities of qualified municipality municipalities containing more than one-half of the aggregate population of all qualified municipalities located wholly or partially within a special district in which the tax authorized by this article is being levied wishes wish to submit to the electors of the special district the question of whether the tax authorized by Code Section 48-8-82 shall be discontinued, the such governing authority authorities shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a joint resolution of the governing authority authorities calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the tax to the voters of the special district for approval or rejection. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately

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preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the following:
'( ) YES Shall the 1 percent retail sales and use tax being levied within the ( ) NO special district within ____________ County be terminated?' (b) All persons desiring to vote in favor of discontinuing the tax shall vote 'Yes,' and all persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the tax, then the tax shall cease to be levied on the first day of the second calendar quarter following the month in which the commissioner receives the certification of the result of the election; otherwise, the tax shall continue to be levied, and the question of the discontinuing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be his such superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election."
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:
Representatives Jones of the 46th and Willard of the 49th move to amend the House Committee on Ways and Means substitute to HB 56 (LC 18 8073S) by striking lines 152 and 153 and inserting in their place the following:
at least one-half of qualified municipality municipalities located wholly or partially within a special district
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 5, 2009

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E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas
Coan E Cole E Coleman Y Collins, D Y Collins, T Y Cooper N Cox

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes N Ehrhart Y England Y Epps, C Y Epps, J E Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk
Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin N Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

N Rynders Y Scott, A
Scott, M Y Sellier E Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 139, nays 16.

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

Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The Speaker Pro Tem announced the House in recess until 1:15 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
Representative McCall of the 30th District, Chairman of the Committee on Agriculture and Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture and Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 381 Do Pass, by Substitute
Respectfully submitted, /s/ McCall of the 30th
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 63. 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 for additional requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax 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 Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive revision of redevelopment powers; to

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repeal in its entirety Chapter 44, the "Redevelopment Powers Law"; to reenact provisions regarding redevelopment; to provide for a short title; to provide for definitions; to provide for legislative purposes; to provide for redevelopment agencies; to provide for redevelopment powers and delegation thereof; to provide for redevelopment plan proposals and approved plans; to provide for creation and termination of the allocation districts; to provide for tax increment financing; to provide for redevelopment costs; to provide for tax allocation bonds and bond anticipation notes; to provide for millage rates; to provide for contractual agreements; to provide for use of funds; to provide for conflicts of interest, voidable contracts, and misconduct; to provide for comprehensive procedures, conditions, limitations, requirements, and applicability with regard to the foregoing; to place restrictions on the ability of local government authorities to issue revenue bonds and other revenue obligations that are payable from payments in lieu of property taxes; to provide for the applicability and nonapplicability of such restrictions; to provide for powers, duties, and responsibilities of each county board of tax assessors and local governments and local government authorities with respect to the foregoing; 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 repealing in its entirety Chapter 44, the "Redevelopment Powers Law."
SECTION 2. Said title is further amended by adding a new chapter to read as follows:
"CHAPTER 44
36-44-1. This chapter shall be known and may be cited as the 'Redevelopment Powers Law.'
36-44-2. It is found and declared that economically and socially depressed areas exist within counties and municipalities of this state and that these areas contribute to or cause unemployment, limit the tax resources of counties and municipalities, and create a greater demand for governmental services and, in general, have a deleterious effect upon the public health, safety, morals, and welfare. It is, therefore, in the public interest that such areas be redeveloped to the maximum extent practicable to improve economic and social conditions therein in order to abate or eliminate such deleterious effects. To encourage such redevelopment, it is essential that the counties and municipalities of this state have additional powers to form a more effective partnership with private enterprise to overcome economic limitations that have previously impeded or

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prohibited redevelopment of such areas. It is the purpose of this chapter, therefore, to grant such additional powers to the counties and municipalities of this state, and it is the intention of the General Assembly that this chapter be liberally construed to carry out such purpose.
36-44-3. As used in this chapter, the term:
(1) 'Ad valorem property taxes' means all ad valorem property taxes levied by each political subdivision and each county and independent board of education consenting to the inclusion of that board of education's property taxes as being applicable to a tax allocation district as provided by Code Section 36-44-9, except:
(A) Those ad valorem property taxes levied to repay bonded indebtedness; (B) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on personal property or on motor vehicles; and (C) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on the assessed value of property owned by public utilities and railroad companies, as determined pursuant to the provisions of Chapter 5 of Title 48. (2) 'Area of operation' means, in the case of a municipality or its redevelopment agency, the territory lying within the corporate limits of such municipality; in the case of a county or its redevelopment agency, the territory lying within the unincorporated area of the county; and, in the case of a consolidated government or its redevelopment agency, the area lying within the territorial boundaries of the consolidated government. 'Area of operation' may also mean the combined areas of operation of political subdivisions which participate in the creation of a common redevelopment agency to serve such participating political subdivisions as provided in subsection (d) of Code Section 36-44-4. (3) 'Local legislative body' means the official or body in which the legislative powers of a political subdivision are vested. (4) 'Political subdivision' means any county, municipality, or consolidated government of this state. (5) 'Redevelopment' means any activity, project, or service necessary or incidental to achieving the development or revitalization of a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan or the preservation or improvement of historical or natural assets within a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan. Without limiting the generality of the foregoing, redevelopment may include any one or more of the following: (A) The construction of any building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (B) The renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of any existing building or other facility for use in any

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business, commercial, industrial, governmental, educational, charitable, or social activity; (C) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing; (D) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public works or other public facilities necessary or incidental to the provision of governmental services; (E) The identification, preservation, renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or restoration of buildings or sites which are of historical significance; (F) The preservation, protection, renovation, rehabilitation, restoration, alteration, improvement, maintenance, and creation of open spaces, green spaces, or recreational facilities; (G) The construction, installation, preservation, renovation, rehabilitation, reconstruction, restoration, alteration, improvement, and maintenance of public art and arts and cultural facilities; (H) The development, construction, reconstruction, repair, demolition, alteration, or expansion of structures, equipment, and facilities for mass transit; (I) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of telecommunication infrastructure; (J) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of facilities for the improvement of pedestrian access and safety; (K) Improving or increasing the value of property; and (L) The acquisition and retention or acquisition and disposition of property for redevelopment purposes or the use for redevelopment purposes of property already owned by a political subdivision or any agency or instrumentality thereof. (6) 'Redevelopment agency' means the local legislative body of a political subdivision or a public body corporate and politic created as the redevelopment agency of the political subdivision or an existing public body corporate and politic designated as the redevelopment agency of the political subdivision pursuant to Code Section 36-44-4. (7) 'Redevelopment area' means an urbanized area as determined by current data from the U. S. Bureau of the Census or an area presently served by sewer that qualifies as a 'blighted or distressed area,' a 'deteriorating area,' or an 'area with inadequate infrastructure,' as follows: (A) A 'blighted or distressed area' is an area that is experiencing one or more conditions of blight as evidenced by:
(i) The presence of structures, buildings, or improvements that by reason of dilapidation; deterioration; age; obsolescence; inadequate provision for ventilation, light, air, sanitation, or open space; overcrowding; conditions which endanger life or property by fire or other causes; or any combination of such factors, are conducive to ill heath, transmission of disease, infant mortality, high

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unemployment, juvenile delinquency, or crime and are detrimental to the public health, safety, morals, or welfare; or (ii) The presence of a predominant number of substandard, vacant, deteriorated, or deteriorating structures; the predominance of a defective or inadequate street layout or transportation facilities; or faulty lot layout in relation to size, accessibility, or usefulness; (iii) Evidence of pervasive poverty, defined as being greater than 10 percent of the population in the area as determined by current data from the U.S. Bureau of the Census, and an unemployment rate that is 10 percent higher than the state average; (iv) Adverse effects of airport or transportation related noise or environmental contamination or degradation or other adverse environmental factors that the political subdivision has determined to be impairing the redevelopment of the area; or (v) The existence of conditions through any combination of the foregoing that substantially impair the sound growth of the community and retard the provision of housing accommodations or employment opportunities; (B) A 'deteriorating area' is an area that is experiencing physical or economic decline or stagnation as evidenced by two or more of the following: (i) The presence of a substantial number of structures or buildings that are 40 years old or older and have no historic significance; (ii) High commercial or residential vacancies compared to the political subdivision as a whole; (iii) The predominance of structures or buildings of relatively low value compared to the value of structures or buildings in the surrounding vicinity or significantly slower growth in the property tax digest than is occurring in the political subdivision as a whole; (iv) Declining or stagnant rents or sales prices compared to the political subdivision as a whole; (v) In areas where housing exists at present or is determined by the political subdivision to be appropriate after redevelopment, there exists a shortage of safe, decent housing that is not substandard and that is affordable for persons of low and moderate income; or (vi) Deteriorating or inadequate utility, transportation, or transit infrastructure; (C) An 'area with inadequate infrastructure' means an area characterized by: (i) Deteriorating or inadequate parking, roadways, bridges, pedestrian access, or public transportation or transit facilities incapable of handling the volume of traffic into or through the area, either at present or following redevelopment; or (ii) Deteriorating or inadequate utility infrastructure either at present or following redevelopment. (8) 'Redevelopment costs' means any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred to achieve the redevelopment of a redevelopment area or any portion thereof designated by a

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redevelopment plan or any expenditures made to carry out or exercise any powers granted by this chapter. Without limiting the generality of the foregoing, redevelopment costs may include any one or more of the following:
(A) Capital costs, including the costs incurred or estimated to be incurred for the construction of public works or improvements, new buildings, structures, and fixtures, including facilities owned or operated by school districts and systems; the renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of existing buildings, structures, and fixtures, including facilities owned or operated by school districts and systems; the acquisition of equipment; and the clearing and grading of land; (B) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this chapter occurring during the estimated period of construction of any project with respect to which any capital costs within the meaning of subparagraph (A) of this paragraph are financed in whole or in part by such obligations and for a period not to exceed 42 months after completion of any such construction and including reasonable reserves related thereto and all principal and interest paid to holders of evidences of indebtedness issued to pay for other redevelopment costs and any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity; (C) Professional service costs, including those costs incurred for architectural, planning, engineering, financial, marketing, and legal advice and services; (D) Imputed administrative costs, including reasonable charges for the time spent by public employees in connection with the implementation of a redevelopment plan; (E) Relocation costs as authorized by a redevelopment plan for persons or businesses displaced by the implementation of a redevelopment plan, including but not limited to, those relocation payments made following condemnation under Chapter 4 of Title 22, 'The Georgia Relocation Assistance and Land Acquisition Policy Act'; (F) Organizational costs, including the costs of conducting environmental impact and other studies, and the costs of informing the public with respect to the creation and implementation of redevelopment plans; (G) Payments to a political subdivision or board of education in lieu of taxes to compensate for any loss of tax revenues or for any capital costs incurred because of redevelopment activity; provided, however, that any such payments to a political subdivision or board of education shall not exceed in any year the amount of the contribution to the tax allocation increment in that year by such political subdivision or board of education; and (H) Real property assembly costs. (9) 'Redevelopment plan' means a written plan of redevelopment for a redevelopment area or a designated portion thereof which: (A) Specifies the boundaries of the proposed redevelopment area;

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(B) Explains the grounds for a finding by the local legislative body that the redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or that the redevelopment area includes one or more natural, historical, or cultural assets which have not been adequately preserved, protected, or improved and such asset or assets would not reasonably be anticipated to be adequately preserved, protected, or improved without the approval of the redevelopment plan; (C) Explains the proposed uses after redevelopment of real property within the redevelopment area; (D) Describes any redevelopment projects within the redevelopment area proposed to be authorized by the redevelopment plan, estimates the cost thereof, and explains the proposed method of financing such projects; (E) Describes any contracts, agreements, or other instruments creating an obligation for more than one year which are proposed to be entered into by the political subdivision or its redevelopment agency or both for the purpose of implementing the redevelopment plan; (F) Describes the type of relocation payments proposed to be authorized by the redevelopment plan; (G) Includes a statement that the proposed redevelopment plan conforms with the local comprehensive plan, master plan, zoning ordinance, and building codes of the political subdivision or explains any exceptions thereto; (H) Estimates redevelopment costs to be incurred or made during the course of implementing the redevelopment plan; (I) Recites the last known assessed valuation of the redevelopment area and the estimated assessed valuation after redevelopment; (J) Provides that property which is to be redeveloped under the plan and which is either designated as a historic property under Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act,' or is listed on or has been determined by any federal agency to be eligible for listing on the National Register of Historic Places will not be:
(i) Substantially altered in any way inconsistent with technical standards for rehabilitation; or (ii) Demolished unless feasibility for reuse has been evaluated based on technical standards for the review of historic preservation projects, which technical standards for rehabilitation and review shall be those used by the state historic preservation officer, although nothing in this subparagraph shall be construed to require approval of a redevelopment plan or any part thereof by the state historic preservation officer; (K) Specifies the proposed effective date for the creation of the tax allocation district and the proposed termination date;

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(L) Contains a map specifying the boundaries of the proposed tax allocation district and showing existing uses and conditions of real property in the proposed tax allocation district; (M) Specifies the estimated tax allocation increment base of the proposed tax allocation district; (N) Specifies ad valorem property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph (3) of Code Section 36-44-8; (O) Specifies the amount of the proposed tax allocation bond issue or issues and the term and assumed rate of interest applicable thereto; (P) Estimates positive tax allocation increments for the period covered by the term of the proposed tax allocation bonds; (Q) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, subject to the limitations of Code Sections 36-44-9 and 36-44-20; (R) If the plan proposes to include in the tax allocation increment ad valorem taxes levied by a board of education, the plan shall contain a school system impact analysis addressing the financial and operational impact on the school system of the proposed redevelopment, including but not limited to an estimate of the number of net new public school students that could be anticipated as redevelopment occurs; the location of school facilities within the proposed redevelopment area; an estimate of educational special purpose local option sales taxes projected to be generated by the proposed redevelopment, if any; and a projection of the average value of residential properties resulting from redevelopment compared to current property values in the redevelopment area; and (S) Includes such other information as may be required by resolution of the political subdivision whose area of operation includes the proposed redevelopment area. (10) 'Resolution' means a resolution or ordinance by which a local legislative body takes official legislative action, and any duly-adopted amendment thereto. (11) 'Special fund' means the fund provided for in subsection (c) of Code Section 3644-11. (12) 'Tax allocation bonds' means one or more series of bonds, notes, or other obligations issued by a political subdivision to finance, wholly or partly, redevelopment costs within a tax allocation district and which are issued on the basis of pledging for the payment or security for payment of such bonds positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20. Tax

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allocation bonds shall not constitute debt within the meaning of Article IX, Section V of the Constitution. (13) 'Tax allocation district' means a contiguous geographic area within a redevelopment area which is defined and created by resolution of the local legislative body of a political subdivision pursuant to subparagraph (B) of paragraph (3) of Code Section 36-44-8 for the purpose of issuing tax allocation bonds to finance, wholly or partly, redevelopment costs within the area. (14) 'Tax allocation increment' means that amount obtained by multiplying the total ad valorem property taxes, determined as provided in Code Section 36-44-9, levied within a tax allocation district in any year by a fraction having a numerator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district minus the tax allocation increment base and a denominator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district. In any year, a tax allocation increment is 'positive' if the tax allocation increment base is less than that year's taxable value of all taxable property subject to ad valorem property taxes and 'negative' if such base exceeds such taxable value. (15) 'Tax allocation increment base' means the taxable value of all taxable property subject to ad valorem property taxes, as certified by the state revenue commissioner, located within a tax allocation district on the effective date such district is created pursuant to Code Section 36-44-8. (16) 'Taxable property' means all real and personal property subject to ad valorem taxation by a political subdivision, including property subject to local ad valorem taxation for educational purposes. (17) 'Taxable value' means the current assessed value of taxable property as shown on the tax digest of the county in which the property is located.
36-44-4. (a) As an alternative to the creation of a redevelopment agency provided for by subsections (b) through (f) of this Code section, the local legislative body of a political subdivision, by resolution, may designate itself as its respective redevelopment agency and may exercise, within its respective area of operation, the redevelopment powers provided by this chapter. (b) The local legislative body of a political subdivision may create a public body corporate and politic to serve as its redevelopment agency. Any such public corporation may be created by resolution adopted by the local legislative body of the political subdivision. Such resolution may provide for the membership of the board of directors of such public corporation and their terms of office, for the powers and duties of such public corporation, and for such other matters as may reasonably be necessary and convenient for the creation and activation of such public corporation as the redevelopment agency of the political subdivision. (c) In the event a political subdivision has activated a public corporation as its 'urban redevelopment agency' or designated a housing authority as its 'urban redevelopment

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agency' pursuant to Code Sections 36-61-17 and 36-61-18 of the 'Urban Redevelopment Law,' the local legislative body of such political subdivision may designate such public corporation as its redevelopment agency for the purposes of this chapter. Any action taken pursuant to the authority of this subsection shall be by resolution duly adopted by the local legislative body of the political subdivision. (d) Any county, municipality, and consolidated government, or any combination of such political subdivisions, by resolution of their respective local legislative bodies, may jointly create a public corporation, or designate an existing public corporation which already exercises 'redevelopment powers' under any other law, to serve as the common redevelopment agency on behalf of such political subdivisions. The membership of the board of directors and their terms of office of any such jointly created public corporation and the powers and duties of such public corporation shall be as mutually agreed upon by the local legislative bodies of the participating political subdivisions, as evidenced by a resolution duly adopted by each such local legislative body. In the event a public corporation is created or designated, as authorized in this Code section, to serve as the common redevelopment agency of two or more political subdivisions, then the area of operation of such redevelopment agency shall be the combined areas of operation of the political subdivisions jointly creating or designating such redevelopment agency. (e) A political subdivision may participate in the creation or designation of a public corporation to serve as a common redevelopment agency as provided by subsection (d) of this Code section as well as create or designate a public corporation to serve as the redevelopment agency of the political subdivision. In such event, the members of the board of directors of the public corporation created or designated as the redevelopment agency of the political subdivision may also serve, in accordance with the provisions of the resolution of the local legislative body of the political subdivision participating in the creation or designation of a public corporation to serve as a common redevelopment agency, as members of the board of directors of the jointly created public corporation. (f) For purposes of redevelopment in its downtown area, any municipality may designate a downtown development authority created pursuant to Chapter 42 of this title to serve as a redevelopment agency. Such designation shall not affect any other redevelopment agency that may exist as a part of the municipality. The area of operation of any downtown development agency designated as a redevelopment agency pursuant to this subsection shall not exceed the area of operation of the downtown development authority established pursuant to Chapter 42 of this title.
36-44-5. (a) Subject to the limitation of subsection (b) of this Code section, a political subdivision may exercise any powers necessary or convenient to carry out the purposes of this chapter, including, but not limited to, the power to:
(1) Describe the boundaries of one or more redevelopment areas within its area of operation, but any redevelopment area so described shall conform to the definition of a redevelopment area provided by paragraph (7) of Code Section 36-44-3;

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(2) Cause redevelopment plans to be prepared, to approve by resolution the plans, and to implement the provisions and effectuate the purposes of the plans; (3) Create within redevelopment areas tax allocation districts and define the boundaries thereof or designate an entire redevelopment area as a tax allocation district; (4) Define the boundaries of portions of a redevelopment area or an entire redevelopment area for the implementation of redevelopment plans other than plans calling for the creation of tax allocation districts; (5) Issue tax allocation bonds; (6) Deposit moneys into and disburse moneys from the special fund of any tax allocation district; (7) Enter into and execute any contracts, leases, mortgages, or other agreements, including agreements with bondholders or lenders, determined by the local legislative body to be necessary or convenient to implement the provisions and effectuate the purposes of redevelopment plans. The contracts or agreements may include conditions, restrictions, or covenants which either run with the land or otherwise regulate the use of land; (8) Acquire and retain or acquire and dispose of property or interests therein for redevelopment purposes or use or dispose of property or interests therein presently owned by the political subdivision for redevelopment purposes; and any disposition of such property or interests therein may be by public or private sale or lease; and (9) Exercise, for the purposes of this chapter, any powers conferred upon political subdivisions by Chapter 61 of this title, the 'Urban Redevelopment Law.' (b) The powers granted to political subdivisions by subsection (a) of this Code section and by this chapter and any powers delegated to a redevelopment agency pursuant to Code Section 36-44-6 may be exercised only for the purpose of adopting and implementing redevelopment plans, but this limitation shall not be construed to interfere with the exercise of any power now or hereafter possessed by a political subdivision which is granted by any other law.
36-44-6. (a) Subject to the limitations of subsection (b) of this Code section, the local legislative body of a political subdivision, by resolution, may delegate any of its redevelopment powers to its redevelopment agency created or designated pursuant to Code Section 3644-4. The local legislative body shall have authority to delegate some or all such powers in such manner and pursuant to such terms and conditions as the local legislative body shall provide by resolution. Any such resolution shall specify any powers delegated to a redevelopment agency, and such resolution may be amended, modified, or repealed by the local legislative body adopting it. (b) Any delegation of redevelopment powers pursuant to the authority of subsection (a) of this Code section shall be limited by the following requirements:
(1) Any redevelopment plan must be approved by resolution of the local legislative body of the political subdivision as a condition precedent to the implementation of

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said redevelopment plan, and such approval shall be subject to the requirements of Code Section 36-44-7; (2) The boundaries of any redevelopment area must be described by resolution of the local legislative body of the political subdivision; (3) A tax allocation district must be created by resolution of the local legislative body of the political subdivision; (4) The issuance of any tax allocation bonds shall be by resolution of the local legislative body of the political subdivision; (5) Except as provided in subsection (c) of this Code section, the power of eminent domain may only be exercised under this chapter by the local legislative body of a political subdivision; and (6) A local legislative body may not delegate to a redevelopment agency created under subsection (b), (c), (d), or (e) of Code Section 36-44-4 any urban redevelopment project powers except those which may be conferred on an urban redevelopment agency under Code Section 36-61-17 of the 'Urban Redevelopment Law.'
36-44-7. (a) A redevelopment plan may be proposed by the redevelopment agency of a political subdivision, but such plan may not be implemented until it is approved by the adoption of a resolution of the local legislative body of the political subdivision as provided in this chapter. (b) When a proposed redevelopment plan is prepared, it shall be submitted by the redevelopment agency to the local legislative body. Within the 60 day period after the plan is submitted, the local legislative body shall hold at least one public hearing on the proposed redevelopment plan. The local legislative body shall cause the time, date, place, and purpose of each such public hearing to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of each public hearing. (c) Within 45 days after completing the public hearings required by subsection (b) of this Code section, the local legislative body of the political subdivision shall schedule and hold a meeting of the local legislative body for the purpose of considering the approval of the redevelopment plan. The local legislative body shall cause the date, time, place, and purpose of such meeting to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of such meeting. At such meeting the redevelopment plan shall be approved as submitted, amended and approved, or rejected and returned to the redevelopment agency for further consideration. Any redevelopment plan rejected by the local legislative body shall be returned to the redevelopment agency and shall be subject to the public hearing requirements of subsection (b) of this Code section if it is again submitted to the local legislative body for approval, either in the same or amended form.

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(d) Once approved by the local legislative body, a redevelopment plan may be amended only by the local legislative body of the political subdivision. The local legislative body shall cause the date, time, place, and purpose of any meeting of the local legislative body at which an amendment to a redevelopment plan is to be considered to be advertised in the same manner as prescribed by subsection (c) of this Code section for a meeting to consider the adoption of a redevelopment plan.
36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem property taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies ad valorem property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that:
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to

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be developed without the approval of the redevelopment plan or includes one or more natural, historical, or cultural assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved, protected, or improved without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to inclusion of such ad valorem property taxes or general funds in calculation of the tax allocation increment.
36-44-9. (a) When a tax allocation district is created within the area of operation of a municipality by the local legislative body of such municipality, property taxes for computing tax allocation increments shall be based on all ad valorem property taxes levied by the municipality. If the municipality has an independent school system, ad valorem property taxes levied for educational purposes by the municipality shall be included in computing the tax allocation increments if the local legislative body of the municipality is empowered to make the determination of the municipal ad valorem tax millage rate for educational purposes. If the board of education of the independent school system is empowered to set the ad valorem tax millage rate for educational purposes and the local legislative body of the municipality does not have the authority to modify such rate set by the board of education, the tax allocation increment shall not be computed on the basis of municipal taxes for educational purposes unless the board of education of the independent school system consents, by resolution duly adopted by said board of education, to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments. (b) County ad valorem property taxes may be included in the computation of tax allocation increments of a municipal tax allocation district if the local legislative body of the county consents to such inclusion by resolution duly adopted by said local legislative body. For those municipalities which do not have an independent school system, ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments of a municipal tax allocation district if the county board of education or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational

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purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (c) When a tax allocation district is created within the area of operation of a county by the local legislative body of the county, property taxes for computing tax allocation increments shall be based on all county ad valorem property taxes levied for county governmental purposes. Ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments for a county tax allocation district if the board of education of the county school district or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (d) When a tax allocation district is created within the area of operation of a consolidated government by the local legislative body of the consolidated government, property taxes for computing tax allocation increments shall be based on all consolidated government ad valorem property taxes levied for consolidated government purposes. Ad valorem property taxes levied for school district purposes within the boundaries of the consolidated government may be included in the computation of tax allocation increments for a consolidated government tax allocation district if the board of education of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational purposes within the school district, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (e) The resolution of any county, municipality, consolidated government or board of education consenting to the inclusion of ad valorem property taxes in the computation of tax increments shall not specify the inclusion of any ad valorem property taxes not specified in the resolution creating the tax allocation district. (f) A county may pledge all or part of county general funds derived from a municipal tax allocation district for payment or security of payment of tax allocation bonds issued by the municipality and for payment of other redevelopment costs of the tax allocation district if the local legislative body of the county consents to the use of such general funds by resolution duly adopted by said local legislative body.
36-44-10. (a) No later than the effective date of the creation of the tax allocation district, the redevelopment agency shall apply, in writing, to the state revenue commissioner for a determination of the tax allocation increment base of the tax allocation district. Within a reasonable time, and not exceeding 60 days after the effective date of the creation of the tax allocation district, the state revenue commissioner shall certify such tax allocation increment base, as of the effective date of the creation of the tax allocation district, to the redevelopment agency, and such certification, unless amended pursuant to subsection (b) of this Code section, shall constitute the tax allocation increment base of the tax allocation district.

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(b) If the local legislative body of a political subdivision adopts an amendment to the resolution which created a tax allocation district and such amendment changes the boundaries of that tax allocation district so as to cause additional redevelopment costs for which tax allocation increments may be received by the political subdivision, the tax allocation increment base for the revised or amended district shall be redetermined pursuant to subsection (a) of this Code section as of the effective date of such amendment. The tax allocation increment base as redetermined under this subsection is effective for the purposes of this chapter only if it exceeds the original tax allocation increment base determined under subsection (a) of this Code section. (c) It is a rebuttable presumption that any property within a tax allocation district acquired or leased as lessee by the political subdivision, or any agency or instrumentality thereof, within one year immediately preceding the date of the creation of the district was so acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the political subdivision with proof that the property was so leased or acquired primarily for a purpose other than to reduce the tax allocation increment base. If the presumption is not rebutted, in determining the tax allocation increment base of the district, but for no other purpose, the taxable status of the property shall be determined as though such lease or acquisition had not occurred. (d) For each political subdivision whose area of operation includes a tax allocation district, the county board of tax assessors, joint city-county board of tax assessors, or board of tax assessors for a consolidated government, as the case may be, shall identify upon the tax digests of the political subdivision those parcels of property which are within each existing tax allocation district, specifying the name of each district. A similar notation shall appear on tax digests submitted to the state revenue commissioner pursuant to Code Section 48-5-302, relative to the submission of tax digests to the state revenue commissioner. (e) The county board of tax assessors, joint city-county board of tax assessors, or consolidated government board of tax assessors shall annually give notice to the county tax collector or tax commissioner and to the municipal official responsible for collecting municipal ad valorem property taxes as to both the current taxable value of property subject to ad valorem property taxes within each tax allocation district and the tax allocation increment base. The notice shall also explain that any taxes collected as a result of increases in the tax allocation increment base constitute tax allocation increments and shall be paid to the appropriate political subdivision as provided by subsection (b) of Code Section 36-44-11.
36-44-11. (a) Positive tax allocation increments of a tax allocation district shall be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders. General funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other

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redevelopment costs of the tax allocation district shall also be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds have been paid or provided for, subject to any agreement with bondholders.
(b)(1) Each county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes shall, on the dates provided by law for the payment of taxes collected to the respective political subdivisions, pay over to the appropriate fiscal officer of each political subdivision having created a tax allocation district, out of taxes collected on behalf of such political subdivision, including but not limited to taxes collected for a political subdivision or board of education consenting, pursuant to Code Section 36-44-9, to inclusion of its ad valorem property taxes in the computation of tax allocation increments for that tax allocation district, that portion, if any, which represents positive tax allocation increments payable to such political subdivision. (2) In addition, each county shall, upon receipt, pay over to the appropriate fiscal officer of each municipality having created a tax allocation district that portion, if any, of its general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and for payment of other redevelopment costs of the tax allocation district pursuant to Code Section 36-44-9. (c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the district's redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political

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subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in proportion to the aggregate contribution of such taxes by such political subdivision less aggregate payments to such political subdivision pursuant to subparagraph (G) of paragraph (8) of Code Section 36-44-3 and in the same manner as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund.
36-44-12. The existence of a tax allocation district shall terminate when the local legislative body, by resolution, dissolves the district, but no such resolution may be adopted until all redevelopment costs have been paid.
36-44-13. Payment of redevelopment costs may be made by any of the following methods or any combination thereof:
(1) Payment by the political subdivision from the special fund of the tax allocation district; (2) Payment from the general funds of a political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; (3) Payment out of the proceeds of the sale of revenue bonds issued by the political subdivision pursuant to Chapter 61 of this title, the 'Urban Redevelopment Law,' and revenue bonds may be issued under such law for redevelopment purposes within the meaning of this chapter; (4) Payment out of the proceeds of the sale of tax allocation bonds issued by the political subdivision under this chapter; (5) Payment from the proceeds from any loans made to a political subdivision pursuant to the authority of Code Section 36-44-16; and (6) Lease payments and other payments pursuant to contracts under a redevelopment plan.

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36-44-14. (a) Only for the purpose of paying redevelopment costs for a tax allocation district created under this chapter, the local legislative body may issue tax allocation bonds. Tax allocation bonds are declared to be negotiable instruments. Tax allocation bonds issued under the provisions of this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. (b) All tax allocation bonds, notes, and other obligations shall be authorized by resolution of the local legislative body, adopted by a majority vote of the members thereof at a regular or special meeting and without the necessity of a referendum or any electoral approval. The resolution shall state the name of the tax allocation district and the aggregate principal amount of the tax allocation bonds authorized. (c) Tax allocation bonds, notes, or other obligations issued by a local legislative body under this chapter shall be payable solely from the property pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations, which property shall be limited to real or personal property acquired pursuant to this chapter and the proceeds from any source from which redevelopment costs may be paid under Code Section 36-44-13, but subject to the limitations of Code Sections 36-44-9 and 36-44-20. Each such bond, note, or other obligation shall contain recitals as are necessary to show that it is only so payable and that it does not otherwise constitute an indebtedness or a charge against the general taxing power of the political subdivision or county or independent board of education consenting to the use of property taxes as a basis for computing tax allocation increments or consenting to the use of general funds derived from the tax allocation district. (d) To increase the security and marketability of tax allocation bonds, notes, or other obligations, a local legislative body may:
(1) Create a lien for the benefit of the bondholders upon any public improvements or public works financed thereby or the revenues therefrom; and (2) Make covenants and do any and all acts not inconsistent with the Constitution or this chapter as may be necessary or convenient or desirable in order additionally to secure tax allocation bonds, notes, or other obligations or tend to make them more marketable according to the best judgment of the local legislative body. (e) Tax allocation bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 30 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, 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 local legislative body authorizing the issuance of such tax allocation bonds, notes, or other obligations shall bind the members of the local legislative body then in office and their successors.

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(f) The local legislative body shall have power from time to time and whenever it deems it expedient to refund any tax allocation bonds by the issuance of new tax allocation bonds, whether or not the bonds to be refunded have matured, and may issue such bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold at such price as the local legislative body may determine and the proceeds applied to the purchase or redemption of the bonds to be refunded. (g) Tax allocation bonds may not be issued in an amount exceeding the estimated aggregated redevelopment costs for the tax allocation district. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state shall not apply to tax allocation bonds, notes, or other obligations of a local legislative body. (h) All tax allocation bonds issued by a local legislative body under this chapter shall be issued and validated under and in accordance with Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' except as provided in this chapter. (i) Tax allocation bonds issued by a local legislative body may be in such form 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. (j) Tax allocation bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the county in which the issuing local legislative body is located 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. (k) In lieu of specifying the rate or rates of interest which tax allocation bonds to be issued by a local legislative body are to bear, the notice to the district attorney or the 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 rate may be fixed or may fluctuate or otherwise change from time to time, 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 so specified, which rate may be fixed or may fluctuate or otherwise change from time to time; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of a local legislative body to sell such tax allocation bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (l) The term 'redevelopment costs' shall have the meaning prescribed in this chapter whenever that term is referred to in tax allocation bond resolutions of a local legislative

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body, in tax allocation bonds, notes, or other obligations of a local legislative body, or in notices or proceedings to validate such bonds, notes, or other obligations of a local legislative body. (m) Subject to the limitations and procedures provided by this chapter, the agreements or instruments executed by a local legislative body may contain such provisions not inconsistent with law as shall be determined by the local legislative body. (n) The proceeds derived from the sale of all tax allocation bonds, notes, and other obligations issued by a local legislative body shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, redevelopment costs or for the purpose of refunding any tax allocation bonds, notes, or other obligations issued in accordance with this chapter. (o) Issuance by a local legislative body of one or more series of tax allocation bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other tax allocation bonds, notes, or other obligations in connection with the same redevelopment plan or with any other redevelopment plan; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the local legislative body to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Once the political subdivision certifies by resolution that all tax allocation bonds contemplated by the redevelopment plan and all amendments thereto have been issued and all other redevelopment costs within a tax allocation district have been paid, all positive tax allocation increments collected within a tax allocation district shall be used to retire outstanding tax allocation bonds prior to their stated maturities, subject to any agreements made by the political subdivision with bondholders. (p) A local legislative body shall have the power and is authorized, whenever tax allocation bonds of the local legislative body shall have been validated as provided in this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to be renewed have matured. The local legislative body may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the local legislative body may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing such notes of the local legislative body or any issue thereof may contain any provisions which the local legislative body is authorized to include in any resolution or resolutions authorizing bonds of the local legislative body to any issue thereof; and the local legislative body may include in any such notes any terms, covenants, or conditions which the local legislative body is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond

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anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
36-44-15. For the purpose of fixing the tax millage rate to fund the annual budget of each political subdivision or county or independent board of education having the power to levy taxes or set ad valorem tax millage rates on property located within a tax allocation district, which has consented to the inclusion of its ad valorem property taxes for the computation of tax allocation increments as provided in Code Section 36-44-9, the taxable value of property subject to ad valorem property taxes within a tax allocation district shall not exceed the tax allocation increment base of the district until the district is terminated. Nothing in this chapter shall be construed to freeze the ad valorem tax millage rate of any political subdivision or county or independent board of education consenting to the inclusion of its ad valorem property taxes as a basis for computing tax allocation increments, and any such rate may be increased or decreased at any time after the creation of a tax allocation district in the same manner and under the same authority that such rate has been previously fixed by such political subdivision or county or independent board of education.
36-44-16. As an additional source for financing redevelopment costs, a political subdivision or its redevelopment agency may borrow funds from financial institutions and, in connection therewith, may pledge or assign lease contracts or revenue received from lease contracts on property owned by the political subdivision or its redevelopment agency within a redevelopment area. A political subdivision or its redevelopment agency is authorized to enter into contracts with financial institutions for the purpose of exercising the authority provided by this Code section, and such contracts may obligate the political subdivision or its redevelopment agency for any number of years not exceeding 25. Contractual obligations incurred by a political subdivision pursuant to this Code section shall not constitute debt within the meaning of Article IX, Section V of the Constitution.
36-44-17. No political subdivision may create a tax allocation district when the total current taxable value of property subject to ad valorem property taxes within the proposed district plus the total current taxable value of property subject to ad valorem property taxes within all its existing tax allocation districts exceeds 10 percent of the total current taxable value of all taxable property located within the area of operation of the political subdivision.
36-44-18. It is specifically provided that Code Section 36-61-16 of the 'Urban Redevelopment Law,' which Code section provides for cooperation among public bodies for

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redevelopment purposes under said law, shall be applicable to the exercise of redevelopment powers provided by this chapter.
36-44-19. A political subdivision may enter into any contract relating to the exercise of its redevelopment powers under this chapter with any private persons, firms, corporations, or business entities for any period not exceeding 30 years. Such contracts may include, without being limited to, contracts to convey or otherwise obligate real property for redevelopment under this chapter although that property has not yet been acquired at the time of contracting by the county or municipality.
36-44-20. (a) Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments in that district's special fund are insufficient at any time to pay principal and interest due on such bonds. (b) The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the district's special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan.
36-44-21. (a) No elected or appointed official or employee of a political subdivision or a board, commission, or redevelopment agency thereof shall voluntarily acquire any interest, direct or indirect, in any property included or planned to be included in a redevelopment area, or in any contract or transaction or proposed contract or transaction in connection with the redevelopment of that redevelopment area. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body. Any such elected or appointed official or employee who, within two years immediately prior to the date the plan is submitted to a local legislative body under subsection (b) of Code Section 36-44-7, acquires ownership or control of any interest, direct or indirect, in any property which is included in the redevelopment area designated in that plan and who retains that ownership or control at the time that such plan is so submitted shall, at least 30 days prior to the date scheduled for the local legislative body to adopt the plan, disclose the interest in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body, and that person shall not participate in any

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action by the political subdivision, board, commission, or redevelopment agency thereof which affects that property. Any disclosure required to be made by this subsection shall concurrently be made to the redevelopment agency. (b) Any contract or transaction in violation of subsection (a) of this Code section or disclosure of which is not made as provided in that subsection (a) shall be voidable by the local legislative body. This subsection shall not apply to any indenture, agreement, contract, or transaction which constitutes security, direct or indirect, for payment of bonds or other obligations incurred pursuant to a redevelopment plan, and the judgment and order confirming and validating any such bonds or other obligations shall constitute a final and conclusive adjudication as to any such security. (c) Failure by an official or employee to comply with subsection (a) of this Code section shall constitute misconduct in office.
36-44-22. Redevelopment powers under this chapter may not be exercised by any political subdivision unless so authorized by a local law relating thereto, which local law may limit but may not expand those redevelopment powers established by this chapter as to the local political subdivision to which the local law is applicable. Such local law, and all amendments thereto, shall become effective only if approved in a special election by a majority of the qualified voters voting of each political subdivision directly affected, which special election shall be held as provided in that local law, but in conformity with the requirements for special elections pursuant to Title 21.
36-44-23. The powers provided by this chapter are intended by the General Assembly to be cumulative and supplemental to any powers heretofore provided by law for counties, municipalities, and consolidated governments of this state and not in lieu of any such heretofore existing powers."
SECTION 3. Said title is further amended in Chapter 80, relating to general provisions regarding counties, municipalities, and other governmental entities, by adding a new Code section to read as follows:
"36-80-16.1. (a) This Code section shall be known and may be cited as the 'PILOT Restriction Act.' (b) As used in this Code section, 'payments in lieu of taxes' means payments made directly or indirectly:
(1) Primarily in consideration of the issuance of revenue bonds or other revenue obligations and the application by the issuer of such bonds or other obligations of the proceeds of such bonds or other obligations to finance all or a portion of the costs of acquiring, constructing, equipping, or installing a capital project; and (2) In further consideration of the laws of the State of Georgia granting an exemption from ad valorem taxation for such capital project,

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to or for the account of the issuer of revenue bonds or other revenue obligations or the public bodies whose consent would otherwise be required, in the case of the separate payments provided for under subsection (d) of this Code section. Payments in lieu of taxes shall be deemed to be payments in lieu of taxes for educational purposes in the same proportion that property taxes for educational purposes would bear to total property taxes on such capital project if the project were subject to ad valorem property taxation. The term 'payments in lieu of taxes' shall not include payments made primarily in consideration for the use or occupancy of property, including but not limited to lease payments or rent paid under a lease, regardless of whether or not the lessee or tenant holds an interest that is taxable for property tax purposes.
(c)(1) No local government authority, as defined in Code Section 36-80-16, shall be authorized to issue revenue bonds or other revenue obligations to finance, in whole or in part, any capital project if the terms governing such revenue bonds or other revenue obligations provide for such capital project to be used primarily by a nongovernmental user or users that have no taxable property interest in any portion of such capital project and provide for such revenue bonds or other revenue obligations to be repaid, in whole or in part, through payments in lieu of taxes made by a nongovernmental user or users, unless:
(A) Each of the local governments that have property tax levying authority in the area in which such capital project is located consents by ordinance or resolution to the use of payments in lieu of taxes for such purposes; and (B) In the case of payments in lieu of taxes for educational purposes, a consent is obtained that covers the use for such purposes of such payments in accordance with subsection (d) of this Code section, except that the terms governing such revenue bonds or other revenue obligations may provide for one or more of the public bodies, whose consent would otherwise be required, instead to receive, in such capacity, separate payments in lieu of taxes at least equal to the property taxes that such public body or bodies would have received if the capital project were subject to ad valorem taxation or in such other amount or amounts as may be agreed to by such public body or bodies. (2) No such revenue bonds or other revenue obligations may be so issued without compliance with the requirements of paragraph (1) of this subsection. (d)(1) When a capital project is located within the boundaries of a municipality with an independent school system, a consent by the municipality under subparagraph (c)(1)(B) of this Code section shall cover the use of payments in lieu of taxes for educational purposes, provided that, if the board of education of the independent school system is empowered to set the ad valorem tax millage rate for educational purposes and the legislative body of the municipality does not have the authority to modify such rate set by the board of education, the requisite consent shall be that of the board of education of the independent school system rather than that of the legislative body of the municipality. (2) For those municipalities which do not have an independent school system, a consent by the municipality under subparagraph (c)(1)(B) of this Code section shall

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cover the use of payments in lieu of taxes for educational purposes if the county board of education or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (3) The use of payments in lieu of taxes levied for county school district purposes shall be covered by a consent under subparagraph (c)(1)(B) of this Code section if the board of education of the county school district or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (4) The use of payments in lieu of taxes levied for school district purposes within the boundaries of a consolidated government shall be covered by a consent under subparagraph (c)(1)(B) of this Code section if the board of education of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational purposes within the school district, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (e) This Code section shall not affect revenue bonds or other revenue obligations which any local government authority has issued or which have been judicially validated on or before the effective date of this Code section. Each county board of tax assessors shall continue, notwithstanding this Code section, to exercise its powers and discharge its duties and is specifically authorized, without limitation, to use a method or methods of valuation for leases related to revenue bonds or other revenue obligations issued by a local government authority for a capital project or projects to be leased primarily to a nongovernmental user or users, based on assessments of the increasing interest of the nongovernmental user or users in the real or personal property, or both, over the term of the lease, or to use a simplified method or methods employing a specified percentage or specified percentages of such leasehold interests. Each local government authority that is authorized to issue revenue bonds or other revenue obligations secured by a taxable property interest, such as a taxable lease of a capital project, shall continue, notwithstanding this Code section, to exercise its powers and discharge its duties, including, in the case of development authorities, the development of trade, commerce, industry, and employment opportunities. Any local government or local government authority which directly or indirectly receives payments in lieu of taxes shall be authorized to use the same for any governmental or public purpose of such local government or local government authority."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe
Austin Baker Y Barnard Y Battles Y Bearden Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce 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 E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C
Epps, J E Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne E Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs
James E Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May
Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey E Randall
Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon
Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 139, nays 0.

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

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Representatives Austin of the 10th, Buckner of the 130th, Hatfield of the 177th, 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.

HB 304. By Representatives Porter of the 143rd, Epps of the 140th, Franklin of the 43rd and Scott of the 2nd:

A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to change certain provisions regarding appraisers and assessors going upon property in the performance of their duties; 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 Allison Y Amerson Y Anderson Y Ashe
Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman

Y Crawford Y Davis, H Y Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C
Epps, J E Everson
Floyd Y Fludd Y Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E 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 Lindsey Y Long Y Loudermilk
Lucas

Y Manning Y Marin Y Martin Y Maxwell Y May
Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby
Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey E Randall
Reece

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M

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Y Collins, D Y Collins, T Y Cooper Y Cox

Y Harden, B Y Harden, M
Hatfield Y Heard

Y Lunsford Y Maddox, B
Maddox, G Y Mangham

E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 144, nays 0.

Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representatives Austin of the 10th, Buckner of the 130th, Dawkins-Haigler of the 93rd, Epps of the 140th, Hatfield of the 177th, Jones of the 46th, and Maddox of the 172nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 171. By Representative Manning of the 32nd:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exemptions to requirements for disclosure of public records, so as to provide that public disclosure shall not be required for certain personal contact information of individuals obtained by a local government; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that public disclosure shall not be required for certain personal contact information of individuals obtained by a local government; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended by revising paragraph (11.2) of subsection (a) of Code Section 50-18-72, relating to when public disclosure is not required, as follows:
"(11.2) Records that would reveal the names, home addresses, telephone numbers, security codes, e-mail addresses, or any other data or information developed, collected, or received by counties or municipalities in connection with neighborhood watch or public safety notification programs or with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm

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systems, or other electronic security systems; provided, however, that initial police reports and initial incident reports shall remain subject to disclosure pursuant to paragraph (4) of this subsection;".

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden Y Beasley-Teague Y Benfield Y Benton
Black 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, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J E Everson
Floyd Y Fludd Y Franklin
Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Scott, A
Y Scott, M Y Sellier
Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Buckner of the 130th and Setzler of the 35th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 308. By Representatives Ralston of the 7th, Willard of the 49th, Oliver of the 83rd and Dobbs of the 53rd:
A BILL to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, so as to amend the "Georgia Limited Liability Company Act"; to provide certain technical corrections to previously enacted legislation; to clarify certain provisions in the existing statute; to make certain provisions consistent with parallel provisions in the Georgia Business Corporations Code; to clarify the provisions governing the operating agreement of a limited liability company and its binding effect; to provide for automatic resignation of a registered agent following the dissolution of a limited liability company; to provide that statutory liability for wrongful distributions is based solely on violations of the statutory limitations on distributions; 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 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, so as to amend the "Georgia Limited Liability Company Act"; to provide certain technical corrections to previously enacted legislation; to clarify certain provisions in the existing statute; to make certain provisions consistent with parallel provisions in the Georgia Business Corporations Code; to clarify the provisions governing the operating agreement of a limited liability company and its binding effect; to provide for automatic resignation of a registered agent following the dissolution of a limited liability company; to provide that statutory liability for wrongful distributions is based solely on violations of the statutory limitations on distributions; to reduce the risk of an unintended dissolution of the limited liability company; to limit the rights of judgment creditors of a member to interfere with management or force the dissolution of a limited liability company; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, is amended in Code Section 14-11-101, relating to definitions relative to limited liability companies, by revising paragraphs (12) and (18) as follows:
"(12) 'Limited liability company' means a limited liability company formed under this chapter by one or more members." "(18) 'Operating agreement' means any agreement, written or oral, of the member or members as to the conduct of the business and affairs of a limited liability company that is binding upon all of the members. A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provisions of the articles of organization (A) if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) executes the operating agreement or any other writing evidencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment. In the case of a limited liability company with only one member, a writing signed by that member stating that it is intended to be a written operating agreement shall constitute a written operating agreement and shall not be unenforceable by reason of there being only one person who is a party to the operating agreement. A limited liability company is not required to execute its operating agreement and, except as otherwise provided in the operating agreement, is bound by its operating agreement whether or not the limited liability company executes the operating agreement. An operating agreement may provide enforceable rights to any person, including a person who is not a party to the operating agreement, to the extent set forth therein."
SECTION 2. Said chapter is further amended in Code Section 14-11-203, relating to formation of limited liability companies, by adding a new subsection to read as follows:
"(e) During any period when a limited liability company has any members it may have one or more members."
SECTION 3. Said chapter is further amended in Code Section 14-11-212, relating to conversion to a limited liability company, by revising subsection (a), paragraph (6) of subsection (b), and

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paragraph (2) of subsection (c), as follows: "(a) A corporation, foreign corporation, foreign limited liability company, limited partnership, foreign limited partnership, general partnership, or foreign general partnership may elect to become a limited liability company. Such election shall require (1) compliance with Code Section 14-2-1109.1 in the case of a Georgia corporation, or (2) the approval of all of its partners, members or shareholders (or such other approval or compliance as may be sufficient under applicable law or the governing documents of the electing entity to authorize such election) in the case of a foreign corporation, foreign limited liability company, limited partnership, foreign limited partnership, general partnership, or foreign general partnership." "(6) A statement setting forth either (A) the manner and basis for converting the ownership interests in the entity making the election into interests as members of the limited liability company formed pursuant to such election or canceling them, or (B)(i) that a written operating agreement has been entered into among the persons who will be the members of the limited liability company formed pursuant to such election, (ii) that such operating agreement will be effective immediately upon the effectiveness of such election, and (iii) that such operating agreement provides for the manner and basis of such conversion or cancellation." "(2) The ownership interests in the entity making the election shall be converted or canceled on the basis stated or referred to in the certificate of conversion in accordance with paragraph (6) of subsection (b) of this Code section;"
SECTION 4. Said chapter is further amended in Code Section 14-11-303, relating to liability to third parties, by revising subsection (a) as follows:
"(a) A person who is a member, manager, agent, or employee of a limited liability company is not liable, solely by reason of being a member, manager, agent, or employee of the limited liability company, under a judgment, decree, or order of a court, or in any other manner, for a debt, obligation, or liability of the limited liability company, including liabilities and obligations of the limited liability company to any member or assignee, whether arising in contract, tort, or otherwise, or for the acts or omissions of any other member, manager, agent, or employee of the limited liability company, whether arising in contract, tort, or otherwise. Notwithstanding the provisions of this subsection, a member, manager, or employee may be personally liable for tax liabilities arising from the operation of the limited liability company as provided in Code Section 48-2-52."
SECTION 5. Said chapter is further amended in Code Section 14-11-311, relating to notice, by revising paragraph (2) as follows:
"(2) Notice may be communicated in person; by telephone, telegraph, teletype, electronic transmission, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are impracticable, notice may be

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communicated by a newspaper of general circulation in the area where published or by radio, television, or other form of public broadcast communication;"
SECTION 6. Said chapter is further amended in Code Section 14-11-408, relating to liability upon wrongful distribution, by revising subsection (a) and paragraph (2) of subsection (b) as follows:
"(a) A member or manager who votes for or expressly consents to a distribution that is made in violation of the articles of organization, a written operating agreement, or Code Section 14-11-407 is personally liable to the limited liability company for the amount of the distribution that exceeds what could have been distributed without violating the articles of organization, written operating agreement, or Code Section 14-11-407, if it is established that such member or manager did not act in compliance with Code Section 14-11-407 and violated a duty owed under Code Section 14-11-305 (without regard to any limitation on such duty permitted by paragraph (4) of Code Section 14-11-305)."
"(2) From each member for the amount the member received knowing that the distribution was made in violation of the articles of organization, written operating agreement, or Code Section 14-11-407."
SECTION 7. Said chapter is further amended in Code Section 14-11-504, relating to rights of a judgment creditor, by revising subsection (b) as follows:
"(b) The remedy conferred by this Code section shall not be deemed exclusive of others which may exist, including, without limitation, the right of a judgment creditor to reach the limited liability company interest of the member by process of garnishment served on the limited liability company, provided that, except as otherwise provided in the articles of organization or a written operating agreement, a judgment creditor shall have no right under this chapter or any other state law to interfere with the management or force dissolution of a limited liability company or to seek an order of the court requiring a foreclosure sale of the limited liability company interest."
SECTION 8. Said chapter is further amended in Code Section 14-11-505, relating to admission of members, by revising said Code section as follows:
"14-11-505. (a) In connection with the formation of a limited liability company, a person acquiring a limited liability company interest is admitted as a member of the limited liability company upon the later to occur of:
(1) The formation of the limited liability company; or (2) The time provided in and upon compliance with the articles of organization or a written operating agreement or, if the articles of organization and any written operating agreement do not so provide, when the person's admission is reflected in the records of the limited liability company.

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(b) After the formation of a limited liability company, a person acquiring a limited liability company interest directly from the limited liability company is admitted as a member of the limited liability company at the time provided in and upon compliance with the articles of organization and any written operating agreement or, if the articles of organization or a written operating agreement does not so provide, upon the consent of all members and when the person's admission is reflected in the records of the limited liability company. (c) An assignee of a limited liability company interest is admitted as a member of the limited liability company upon compliance with paragraph (1) of Code Section 14-11503 and at the time provided in and upon compliance with the articles of organization and any written operating agreement or, if the articles of organization or a written operating agreement does not so provide, when any such person's permitted admission is reflected in the records of the limited liability company; provided, however, that an assignee shall not be admitted as a member of the limited liability company until such assignee has consented to such admission. (d) A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provisions of the articles of organization (A) if such person (or a representative authorized by such person) executes the operating agreement or any other writing evidencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment. (e) A person may be admitted to a limited liability company as a member of the limited liability company and may receive a limited liability company interest in the limited liability company without making a contribution or being obligated to make a contribution to the limited liability company. Unless otherwise provided in a written operating agreement, a person may be admitted to a limited liability company as a member of the limited liability company without acquiring a limited liability company interest in the limited liability company. Unless otherwise provided in a written operating agreement, a person may be admitted as the sole member of a limited liability company without making a contribution or being obligated to make a contribution to the limited liability company or without acquiring a limited liability company interest in the limited liability company. (f) In the case of a person being admitted as a member of a surviving limited liability company pursuant to a merger in accordance with Article 9 of this chapter, a person is admitted as a member of the limited liability company as provided in the operating agreement of the surviving limited liability company or in the agreement of merger, and in the event of any inconsistency, the terms of the agreement of merger shall control. In connection with the conversion into a limited liability company in accordance with

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Code Section 14-11-212, a person is admitted as a member of the limited liability company as provided in the limited liability company agreement."
SECTION 9. Said chapter is further amended in Code Section 14-11-506, relating to powers of the estate of a deceased or incompetent member, by revising said Code section as follows:
"14-11-506. Except as otherwise provided in the articles of organization or a written operating agreement, if a member who is an individual dies or a court of competent jurisdiction adjudges him or her to be incompetent to manage his or her person or his or her property, the member's executor, administrator, guardian, conservator, or other legal representative has all of the rights of an assignee of all of the member's limited liability company interest. Except as otherwise provided in the articles of organization or a written operating agreement, if the last member of a limited liability company dies or a court of competent jurisdiction adjudges him or her to be incompetent to manage his or her person or his or her property, the member's executor, administrator, guardian, conservator, or other legal representative shall become a member of the limited liability company, unless such executor, administrator, guardian, conservator, or other legal representative elects not to become a member by written notice given to the limited liability company within 90 days of such death or adjudication (or within such other period as is provided for in a written operating agreement)."
SECTION 10. Said chapter is further amended in Code Section 14-11-602, relating to dissolution, by revising said Code section as follows:
"14-11-602. (a) Effective for limited liability companies formed prior to July 1, 1999, a limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following:
(1) At the time specified in the articles of organization or a written operating agreement; (2) Upon the happening of events specified in the articles of organization or a written operating agreement; (3) Subject to contrary provision in the articles of organization or a written operating agreement, at At a time approved by all the members; (4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after any event of dissociation with respect to any member (other than an event specified in paragraph (1) of subsection (b) of Code Section 14-11-601), unless within such 90 day period the limited liability company is continued by the written consent of all other members or as otherwise provided in the articles of organization or a written operating agreement; or (5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 1411-603.

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(b) Effective for limited liability companies formed on or after July 1, 1999, a limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following:
(1) At the time specified in the articles of organization or a written operating agreement; (2) Upon the happening of events specified in the articles of organization or a written operating agreement; (3) Subject to contrary provision in the articles of organization or a written operating agreement, at At a time approved by all the members; (4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after an event of dissociation with respect to the last remaining member, unless otherwise provided in the articles of organization or a written operating agreement; or (5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 1411-603. (c) Notwithstanding paragraphs (1), (2), (3), and (4) of subsections (a) and (b) of this Code section, the limited liability company shall not be dissolved and its affairs shall not be wound up if, prior to the filing of a certificate of termination in the office of the Secretary of State, either: (1) The limited liability company's articles of organization or operating agreement, or both, are amended such that, after giving effect to such amendment, such event does not result in dissolution of the limited liability company pursuant to subsection (a) or (b) of this Code section; or (2) If the limited liability company then has at least one member, a decision to continue the limited liability is taken by all of the members of the limited liability company (and all other persons, if any, with power to require dissolution of the limited liability company under its articles of organization or written operating agreement). Any amendment or other action contemplated by paragraph (1) or (2) of this subsection shall, to the extent necessary to achieve the purposes of this subsection, be effective as of and from and after the applicable event described in subsection (a) or (b) of this Code section."
SECTION 11. Said chapter is further amended in Code Section 14-11-610, relating to certificate of termination, by revising said Code section as follows:
"14-11-610. A dissolved limited liability company shall may deliver to the Secretary of State for filing a certificate of termination when the statements required to be included therein can be truthfully made. Such a certificate of termination shall set forth:
(1) The name of the limited liability company;

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(2) That all known debts, liabilities, and obligations of the limited liability company have been paid, discharged, or barred or that adequate provision has been made therefor; and (3) That there are no actions pending against the limited liability company in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree that may be entered against it in any pending action."
SECTION 12. Said chapter is further amended in Code Section 14-11-901, relating to mergers, by revising subsection (a) as follows:
"(a) Pursuant to a written agreement, which, unless otherwise provided therein, will constitute the plan of merger required by Code Section 14-11-902 if it contains the provisions required by that Code section, a limited liability company may merge with or into one or more business entities with such limited liability company or other business entity as the agreement shall provide being the surviving limited liability company or other business entity."
SECTION 13. Said chapter is further amended in Code Section 14-11-905, relating to effects of merger, by revising paragraphs (7) and (8) of subsection (a) as follows:
"(7) The articles of organization of the surviving limited liability company shall be amended to the extent provided in the plan articles of merger; and
(8) The interests or shares in each merging constituent business entity that are to be converted into interests of the surviving limited liability company, or into cash or other property under the terms of the plan of merger, or cancelled, are so converted or cancelled, and the former holders thereof are entitled only to the rights provided in the plan of merger or their rights otherwise provided by law."
SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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E Abdul-Salaam Abrams
Y Allison Y Amerson Y Anderson Y Ashe
Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J E Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A
Holt Y Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James E Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby
Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 207. By Representatives Sims of the 169th, Williams of the 178th, Smith of the 168th, Hatfield of the 177th, Roberts of the 154th and others:

A BILL to be entitled an Act to amend Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, so as to change

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certain provisions relating to operating restrictions; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, so as to redefine the term "off-road vehicle"; to change certain provisions relating to operating restrictions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 40 of the Official Code of Georgia Annotated, relating to off-road vehicles, is amended by revising Code Section 40-7-3, relating to a definition of "off-road vehicle," as follows:
"40-7-3. As used in this chapter, the term 'off-road vehicle' means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominantly on public roads. It includes, but is not limited to, four-wheel drive or low-pressure tire vehicles, two-wheel vehicles, amphibious machines, ground effect or air cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind, except that such term shall exclude any motorboat; any military, fire, or law enforcement vehicle, or other government vehicle being used for official purposes; any vehicles used exclusively on airports; all farm machinery, farm tractors, and other vehicles used exclusively for agricultural purposes; any selfpropelled equipment for harvesting and transportation of forest products, for clearing land for planting, for utility services and maintenance, for earth moving, construction, or mining; and self-propelled lawnmowers, snowblowers, garden or lawn tractors, or golf carts, while such vehicles are being used exclusively for their designed purposes."
SECTION 2. Said chapter is further amended by revising Code Section 40-7-4, relating to operating restrictions, as follows:
"40-7-4. Any person operating an off-road vehicle under any of the following conditions shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6:
(1) Without operative brakes or without mufflers or other silencing equipment;

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(2) On any private property without the express written permission of the owner of the property or his or her agent; or (3) Within any navigable or nonnavigable stream, except when directly crossing the stream."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J E Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson E Hill, C Y Hill, C.A Y Holt N Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey N Long N Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A N Scott, M Y Sellier N Setzler Y Shaw E Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 149, nays 14.

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

HB 278. By Representatives Ramsey of the 72nd, Pruett of the 144th, Cole of the 125th, Millar of the 79th, Lindsey of the 54th 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 Education Act," so as to temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; 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 Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J E Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne E Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James E Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon N Shipp E Sims, B
Sims, C N Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard

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Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Hamilton Hanner
Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham

Y Ramsey E Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 147, nays 6.

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

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

Due to a mechanical malfunction, the vote of Representative Smith of the 113th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Byrd of the 20th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 568. By Representatives Mangham of the 94th, Stephenson of the 92nd, DawkinsHaigler of the 93rd, Williams of the 89th and Mitchell of the 88th:

A RESOLUTION recognizing and commending the City of Lithonia; and for other purposes.

HR 569. By Representative Sellier of the 136th:

A RESOLUTION recognizing and commending Mr. Jack Shipkoski on the occasion of his retirement; and for other purposes.

HR 570. By Representatives Howard of the 121st, Murphy of the 120th, Sims of the 119th, Frazier of the 123rd, Anderson of the 117th and others:

A RESOLUTION recognizing and commending Ms. Judy Patricia Colbert Heath on the occasion of her retirement; and for other purposes.

HR 571. By Representatives Stephens of the 161st, Smith of the 168th, Gordon of the 162nd, Day of the 163rd and Carter of the 159th:

A RESOLUTION recognizing and commending Mr. Lawrence Hutchins, Jr.; and for other purposes.

THURSDAY, MARCH 5, 2009

1387

HR 572. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Porter of the 143rd:
A RESOLUTION honoring and celebrating the 80th birthday of Mrs. Annie Carter; and for other purposes.
HR 573. By Representatives Stephens of the 161st, Bryant of the 160th, Gordon of the 162nd, Day of the 163rd and Carter of the 159th:
A RESOLUTION recognizing and commending Mrs. Andrea Bowers Williams; and for other purposes.
HR 574. By Representative Hudson of the 124th:
A RESOLUTION honoring the life and memory of Mr. Jonnie Frank Baker; and for other purposes.
HR 575. By Representatives Mangham of the 94th and Williams of the 89th:
A RESOLUTION recognizing and commending Ms. Sabrina McKenzie and the GIFT program; and for other purposes.
HR 576. By Representatives Stephens of the 161st, Bryant of the 160th, Gordon of the 162nd, Day of the 163rd and Carter of the 159th:
A RESOLUTION recognizing and commending the Savannah College of Art and Design for opening its new campus in Hong Kong; and for other purposes.
HR 577. By Representatives Maxwell of the 17th, Battles of the 15th and Loudermilk of the 14th:
A RESOLUTION celebrating the birth of Jax Gabriel Rafferty; and for other purposes.
Representative Morris of the 155th District, Chairman of the Committee on Code Revision, submitted the following report:
Mr. Speaker:
Your Committee on Code Revision has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

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SB 46 SB 47 SB 48

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Morris of the 155th
Chairman

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 243 Do Pass, by Substitute HB 455 Do Pass

HB 547 Do Pass HB 555 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Parsons of the 42nd District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:

Mr. Speaker:

Your Committee on Energy, Utilities, and Telecommunications has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB 267 HB 421 HB 473

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

HR 25 Do Pass HR 493 Do Pass

Respectfully submitted, /s/ Parsons of the 42nd
Chairman

Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report:

THURSDAY, MARCH 5, 2009

1389

Mr. Speaker:

Your Committee on Health and Human Services has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 475 HB 614 HR 532

Do Pass Do Pass, by Substitute Do Pass

Respectfully submitted, /s/ Cooper of the 41st
Chairman

Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 254 HB 315 HB 324 HB 414

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

HB 451 HB 453 HB 545

Do Pass, by Substitute Do Pass 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 23 HB 258 HB 397 HB 440

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

HB 530 HB 617 HB 639

Do Pass Do Pass Do Pass

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

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

Mr. Speaker:

Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 248 HB 262 HB 552

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

Respectfully submitted, /s/ Smith of the 70th
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 67 HB 129 HB 186 HB 334 HB 335 HB 358 HB 379 HB 410

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

HB 438 HB 441 HB 444 HB 481 HB 482 HB 483 HB 484 HB 485

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

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

THURSDAY, MARCH 5, 2009

1391

The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 10:00 o'clock, A.M., Monday, March 9, 2009.

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Representative Hall, Atlanta, Georgia

Monday, March 9, 2009

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 Allison Amerson Ashe Baker Barnard Battles Bearden
E Beasley-Teague Benfield Benton Black Brooks Buckner Burkhalter Byrd Carter, A Carter, B
E Casas Chambers Cheokas Cole Coleman Collins, D Collins, T Cooper Crawford Davis, H Davis, S
E Dawkins-Haigler Day

E Dempsey Dickson Dobbs Dooley
E Drenner E Dukes
Ehrhart England Epps, J Everson E Floyd Franklin Frazier Fullerton Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Heard Hembree E Henson Hill, C Hill, C.A

Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson, C Johnson, T Jones, J Jones, S Jordan Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Maddox, B Maddox, G Mangham Manning Marin Martin

Maxwell May Mayo McKillip Meadows Millar Mills Mitchell E Morgan Mosby Murphy Neal Nix Oliver O'Neal Parsons Peake Porter Powell, A Powell, J Pruett Ralston Ramsey Randall Reece E Reese Rice Roberts Rogers Rynders Scott, A

Scott, M Sellier Setzler Shaw E Sheldon Shipp Sims, B E Sims, C Smith, B Smith, L Smith, R Smith, T Smith, V Smyre Stephens, M Stephenson Talton Taylor Teilhet Thomas Thompson 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 Anderson of the 117th, Austin of the 10th, Bruce of the 64th, Butler of the 18th, Channell of the 116th, Coan of the 101st, Cox of the 102nd, Dollar of the 45th, Fludd of the 66th, Hatfield of the 177th, Hudson of the 124th, Lucas of the 139th, Lunsford of the 110th, Morris of the 155th, Parrish of the 156th, Sinkfield of the 60th, Stephens of the 164th, and Weldon of the 3rd.

MONDAY, MARCH 9, 2009

1393

They wish to be recorded as present.
Prayer was offered by Reverend Tom Stephenson, Central Christian Church, Columbus, Georgia.
The members pledged allegiance to the flag.
Representative Franklin of the 43rd, Vice-Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 690. By Representative Nix of the 69th:
A BILL to be entitled an Act to amend an Act to incorporate the Town of Roopville in the County of Carroll, approved October 7, 1885 (Ga. L. 18845, p. 391), as amended, so as to repeal certain provisions relating to the sale of liquors within the corporate limits of said town; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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JOURNAL OF THE HOUSE

HB 691. By Representatives Drenner of the 86th, Dobbs of the 53rd, Benfield of the 85th, Williams of the 89th, Williams of the 165th and others:
A BILL to be entitled an Act to amend Code Section 46-3-56 of the Official Code of Georgia Annotated, relating to requirement to purchase energy from customer generator and safety standards and regulations, so as to exclude solar photovoltaic energy from certain considerations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 692. By Representatives Drenner of the 86th, Benfield of the 85th and Dobbs of the 53rd:
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 regarding the uniform rules of the road, so as to require securing or containing of live animals on or in motor vehicles operated on paved public roads; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 693. By Representatives Drenner of the 86th, Barnard of the 166th, Hugley of the 133rd, Buckner of the 130th, Gardner of the 57th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution and surface water use, so as to provide for the "Adopt a Water Body" program; to define a term; to provide for identifying signs; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 694. By Representative Cole of the 125th:
A BILL to be entitled an Act to amend Code Section 12-3-562 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Sports Hall of Fame Authority and its membership, and other related issues, so as to revise the composition of the Georgia Sports Hall of Fame Authority; to provide for appointment of members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Economic Development & Tourism.

MONDAY, MARCH 9, 2009

1395

HB 695. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act to create the Catoosa County Public Works Authority, approved April 10, 1998 (Ga. L. 1998, p. 4302), as amended, particularly by an Act approved May 1, 2000 (Ga. L. 2000, p. 4585), so as to change the composition of the authority; to change the manner of compensating such authority; to provide for terms of office, filling of vacancies, and removal from office; to provide that meetings of the authority shall be called by the Board of Commissioners of Catoosa County; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 696. By Representative Hill of the 180th:
A BILL to be entitled an Act to amend an Act creating the St. Marys Convention and Visitors Bureau Authority, approved June 3, 2003 (Ga. L. 2003, 4464), so as to provide for two additional members to the authority; to provide for the removal of such members; to provide for the method of selection for such members; to provide for terms for the members of the authority; to provide for staggered terms for initial members; to provide for an increase of the members required for a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 697. By Representatives Day of the 163rd and Amerson of the 9th:
A BILL to be entitled an Act to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Lottery for Education Act," so as to specify and limit the types of devices which may be used in the conduct of lottery games; to limit the use of electronic and mechanical devices to those specific types already placed in service; to prohibit the use of video lottery terminals and similar devices; to prohibit casino and casino-style gambling; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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JOURNAL OF THE HOUSE

HB 698. By Representative Franklin of the 43rd:
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 prohibit the use of genetically modified foods or processed foods made therefrom in public school breakfast and lunch programs; to encourage the use of locally grown foods in such programs to the greatest extent practicable and consistent with nutritional requirements; to define a term; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 699. By Representative Franklin of the 43rd:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to control of infectious or contagious diseases in livestock, so as to provide that no owner or any animal or premises in this state shall be required to participate in the federal National Animal Identification System; to prohibit entering private property to administer such system unless an owner of animals thereon is a voluntary participant; to provide a penalty; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 704. By Representatives Mangham of the 94th, Talton of the 145th and Williams of the 89th:
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 each local board of education to establish a policy to require that students in kindergarten through twelfth grade wear school uniforms; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 705. By Representatives Fludd of the 66th, Heckstall of the 62nd and Long of the 61st:
A BILL to be entitled an Act to authorize the governing authority of the City of College Park to levy an excise tax pursuant to subsection (b) of Code

MONDAY, MARCH 9, 2009

1397

Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 706. By Representatives Thompson of the 104th, Floyd of the 99th, Cox of the 102nd, Thomas of the 100th, Mitchell of the 88th and others:
A BILL to be entitled an Act to authorize the governing authority of the City of Lawrenceville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 707. By Representatives Bearden of the 68th, Weldon of the 3rd, Horne of the 71st, Austin of the 10th, Harden of the 28th 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 an exemption from sales and use taxes for the sale of ammunition and ammunition components used in pistols, rifles, and shotguns; to provide for related matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 716. By Representatives May of the 111th, Amerson of the 9th and Jerguson of the 22nd:
A BILL to be entitled an Act to amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction, alteration, etc., of buildings and other structures, so as to define a term; to provide that before agreeing to participate in the federal Section 8 Housing Choice Voucher Program, a landlord, property manager, or property owner shall give certain notice; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Science and Technology.

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JOURNAL OF THE HOUSE

HR 578. By Representatives Loudermilk of the 14th, Graves of the 12th, Dempsey of the 13th, Amerson of the 9th, Hill of the 21st and others:
A RESOLUTION requesting that the United States Fish and Wildlife Service conduct further scientific study in the Etowah River Basin, perform the mandatory five-year review of all federally listed species, and develop an Environmental Impact Statement before further review of the Etowah Aquatic Habitat Conservation Plan; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 579. By Representative Scott of the 153rd:
A RESOLUTION creating the Joint Study Committee on Sales and Use Tax Simplification; to provide for duties and responsibilities of the committee; to provide for participation in certain interstate discussions; and for other purposes.
Referred to the Committee on Ways & Means.
HR 580. By Representatives Drenner of the 86th, Gardner of the 57th, Abrams of the 84th and Benfield of the 85th:
A RESOLUTION commending certain generals for their strong position on the armed forces' "don't ask, don't tell" policy; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
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 717. By Representative Cox of the 102nd:
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 and coordinated and comprehensive planning by local government, so as to provide for the automatic extension of service delivery strategy agreements to avoid the imposition of financial sanctions upon local governing authorities; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination.

MONDAY, MARCH 9, 2009

1399

HR 584. By Representatives Smyre of the 132nd, Smith of the 129th, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and others:

A RESOLUTION commending the Honorable Tom Buck for his public service 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 655 HB 656 HB 657 HB 658 HB 659 HB 660 HB 661 HB 662 HB 663 HB 664 HB 665 HB 666 HB 668 HB 669 HB 670 HB 671 HB 672 HB 675 HB 676 HB 682 HB 683 HB 684 HB 685

HB 686 HB 687 HB 688 HB 689 HB 700 HB 701 HB 702 HB 703 HR 561 HR 564 HR 566 HR 567 SB 15 SB 102 SB 117 SB 124 SB 131 SB 136 SB 141 SB 163 SB 178 SB 183

Representative Harbin of the 118th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE

HB 2 HB 44 HB 553

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

Respectfully submitted, /s/ Harbin of the 118th
Chairman

Representative Coan of the 101st District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:

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

HB 581 Do Pass, by Substitute

Respectfully submitted, /s/ Coan of the 101st
Chairman

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 624 HB 626 HB 628 HB 629 HB 630 HB 632 HB 635 HB 637

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

HB 638 HB 642 HB 643 HB 652 HB 653 HB 654 HB 678

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

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

MONDAY, MARCH 9, 2009

1401

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 93 HB 173 HB 289 HB 388

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

HB 495 HB 544 HB 608 HR 178

Do Pass, by Substitute Do Pass Do Pass 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 344 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

HR 336 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 129th
Chairman

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

HOUSE RULES CALENDAR MONDAY, MARCH 9, 2009

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Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 28th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 306 HB 344 HB 368 HB 385 HB 452 HB 487 HB 488

Bonds and recognizances; electronic pretrial release and monitoring; provisions (Substitute)(JudyNC-Walker-107th) Probation; Department of Corrections; collections of additional fees; authorize (Substitute)(SI&P-Davis-109th) Controlled substances; Schedule II, III, and IV; change certain provisions (H&HS-Stephens-164th) State Commission on Family Violence; date which commission cease to exist; repeal (App-Hill-180th) Retirement and pensions; postretirement benefit adjustment; provide statement of legislative intent (Substitute)(Ret-Buckner-130th) Superior Court Clerks' Retirement Fund of Georgia; employee contribution; increase (Ret-Meadows-5th) Superior Court Clerks' Retirement Fund of Georgia; eligibility criteria for creditable service; provide (Ret-Meadows-5th)

Modified Open Rule

HB 160 HB 400

Driver Services, Department of; increase fees; speed restrictions; provisions (PS&HS-Cole-125th) Building Resourceful Individuals to Develop Georgia's Economy Act; enact (Substitute)(Ed-Millar-79th)

Modified Structured Rule

HB 195 HB 227

Trial juries; qualification of electric membership corporation; provide (Substitute)(Judy-Williams-178th) Elections; address confidentiality; provide (GAff-Dempsey-13th)

Structured Rule

HB 318 HB 333

Motor vehicles; place of return for tax purposes; change certain provisions (Substitute)(W&M-McCall-30th) Georgia Building Authority; exempt from certain sales and use tax; provisions (SI&P-Knight-126th)

MONDAY, MARCH 9, 2009

1403

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 624. By Representative Scott of the 153rd:
A BILL to be entitled an Act to authorize the governing authority of the City of Ashburn to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 626. By Representatives Amerson of the 9th and Ralston of the 7th:
A BILL to be entitled an Act to authorize the governing authority of Dawson County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 628. By Representatives Lane of the 167th, Hill of the 180th and Keen of the 179th:
A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for ante litem notice; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE

HB 629. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Tybee Island, approved April 20, 1995 (Ga. L. 1995, p. 4462), so as to provide for four-year, staggered terms of office for the mayor and councilmembers; to provide for a referendum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 630. By Representative Anderson of the 117th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Harlem, approved May 12, 2008 (Ga. L. 2008, p. 3654), so as to provide for a quorum; to provide that the mayor may be counted in the determination of a quorum; to provide for the vote of the mayor on matters before the city council; to provide for a veto by the mayor; to provide procedures for a veto and for overriding such veto; 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 632. By Representatives Collins of the 27th, Allison of the 8th and Austin of the 10th:
A BILL to be entitled an Act to authorize the governing authority of White County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 635. By Representatives Setzler of the 35th, Cooper of the 41st, Dollar of the 45th, Parsons of the 42nd, Johnson of the 37th and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as

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amended, 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 637. By Representative Jackson of the 142nd:
A BILL to be entitled an Act to create the Jefferson County Utilities Authority; to provide a short title; to authorize the authority to acquire, construct, equip, operate, maintain, own, and improve self-liquidating projects embracing sources of water supply, the treatment, distribution, and sale of water and related facilities, the collection, treatment and disposal of sewage waste and related facilities and the sale of sewage treatment services, the collection, treatment, distribution, and disposal of stormwater and related facilities, the purchase, distribution, and sale of natural gas, the purchase, distribution, and sale of cable television services, the purchase, distribution, and sale of public telecommunication services, the purchase, distribution, and sale of wireless telecommunication services, and the purchase, distribution, and sale of Internet services and other electronic services; 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.
HB 638. By Representative Allison of the 8th:
A BILL to be entitled an Act to authorize the governing authority of the City of Helen to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 642. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to authorize the governing authority of the City of Columbus, Georgia, to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 643. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to provide for certain meeting requirements for the Council of such county-wide government; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 652. By Representatives Hembree of the 67th, Bearden of the 68th, Brooks of the 63rd and Bruce of the 64th:
A BILL to be entitled an Act to amend an Act creating the Douglas Judicial Circuit, approved March 20, 1080 (Ga. L. 1980, p. 563), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 412), so as to change the amount of the annual supplement paid to the superior court judges from funds of Douglas County; to authorize the governing authority to increase such amount; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 653. By Representatives Hembree of the 67th, Bearden of the 68th, Brooks of the 63rd and Bruce of the 64th:
A BILL to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, particularly by an Act approved March 13, 1990 (Ga. L. 1990, p. 3768), so as to change the compensation of the coroner; to set the compensation of deputy coroners; to provide for the board to increase the compensation of the coroner and any deputy coroners; to provide for approval of contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 654. 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), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3847), so as to temporarily delay the addition of a second 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 the compensation and expenses of said additional judge; 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 678. By Representatives Buckner of the 130th, Cheokas of the 134th and James of the 135th:

A BILL to be entitled an Act to create a board of elections and registration for Talbot 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 a registrar and the powers and duties thereof; to provide for certain expenditures of public funds; 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:

E Abdul-Salaam Y Abrams Y Allison Y Amerson

Y Crawford Y Davis, H Y Davis, S E Dawkins-Haigler

Heckstall Y Hembree E Henson Y Hill, C

Manning Y Marin Y Martin Y Maxwell

Y Rynders Y Scott, A
Scott, M Y Sellier

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Y Anderson Y Ashe
Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Bryant Y Buckner Y Burkhalter Burns Butler Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Cox

Y Day E Dempsey Y Dickson Y Dobbs
Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England
Epps, C Y Epps, J Y Everson E Floyd
Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton E Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y May Y Mayo
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham
Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 133, nays 1.

Y Setzler Y Shaw E Sheldon Y Shipp
Sims, B E Sims, C
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Weldon of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

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

SB 128. By Senators Shafer of the 48th, Hudgens of the 47th, Pearson of the 51st, Hawkins of the 49th, Mullis of the 53rd and others:

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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, and so as to provide for the issuances, at the option of the owner, of permanent license plates for boat trailers, utility trailers, and noncommercial cattle and livestock trailers; to provide for fees; to provide that such license plates shall not be transferable; to provide for administration; to provide for an effective date and for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 144. By Senators Shafer of the 48th, Hudgens of the 47th, Hill of the 32nd 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 repeal the requirement that an applicant for an insurance agent's license shall be appointed an agent by an authorized insurer prior to issuance of the license; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 152. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 2-8-13 of the Official Code of Georgia Annotated, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, so as to provide for an Agricultural Commodity Commission for Ornamental Plants; to provide for balloting; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th:
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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 198. By Senators Tolleson of the 20th, Harp of the 29th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, so as to provide the costs to be covered by the fee charged by emission inspection stations shall include the activities of the director of the Environmental Protection Division necessary to achieve compliance with state and federal clean air laws; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 200. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Douglas of the 17th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to enact the "Transforming Transportation Investment Act"; to abolish the State Road and Tollway Authority; to create the State Transportation Agency and the State Transportation Authority; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to abolish said authority; to correct cross-references; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 206. By Senators Goggans of the 7th, Hill of the 4th, Williams of the 19th, Rogers of the 21st, Cowsert of the 46th 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 tax expenditure reviews as a part of the budget report; to provide for a definition; to provide for contents and requirements of each report; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 291. By Senators Thomas of the 54th, Goggans of the 7th, Unterman of the 45th, Mullis of the 53rd, Seay of the 34th and others:

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A RESOLUTION urging the President and Congress of the United States to support legislative efforts to enact the "National Childhood Brain Tumor Prevention Network Act of 2009"; and for other purposes.
SR 504. By Senators Orrock of the 36th, Reed of the 35th, Jones of the 10th, Tate of the 38th, Fort of the 39th and others:
A RESOLUTION recognizing and commending Ebenezer Baptist Church in Atlanta, Georgia; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II).
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 565. By Representative Keen of the 179th:
A RESOLUTION relative to adjournment; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the Committees:
SB 128. By Senators Shafer of the 48th, Hudgens of the 47th, Pearson of the 51st, Hawkins of the 49th, Mullis of the 53rd 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, and so as to provide for the issuances, at the option of the owner, of permanent license plates for boat trailers, utility trailers, and noncommercial cattle and livestock trailers; to provide for fees; to provide that such license plates shall not be transferable; to provide for administration; to provide for an effective date and for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE

SB 144. By Senators Shafer of the 48th, Hudgens of the 47th, Hill of the 32nd 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 repeal the requirement that an applicant for an insurance agent's license shall be appointed an agent by an authorized insurer prior to issuance of the license; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
SB 152. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 2-8-13 of the Official Code of Georgia Annotated, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, so as to provide for an Agricultural Commodity Commission for Ornamental Plants; to provide for balloting; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th:
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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
SB 198. By Senators Tolleson of the 20th, Harp of the 29th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, so as to

MONDAY, MARCH 9, 2009

1413

provide the costs to be covered by the fee charged by emission inspection stations shall include the activities of the director of the Environmental Protection Division necessary to achieve compliance with state and federal clean air laws; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 200. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Douglas of the 17th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to enact the "Transforming Transportation Investment Act"; to abolish the State Road and Tollway Authority; to create the State Transportation Agency and the State Transportation Authority; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to abolish said authority; to correct crossreferences; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.
SB 206. By Senators Goggans of the 7th, Hill of the 4th, Williams of the 19th, Rogers of the 21st, Cowsert of the 46th 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 tax expenditure reviews as a part of the budget report; to provide for a definition; to provide for contents and requirements of each report; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Appropriations.
SR 291. By Senators Thomas of the 54th, Goggans of the 7th, Unterman of the 45th, Mullis of the 53rd, Seay of the 34th and others:
A RESOLUTION urging the President and Congress of the United States to support legislative efforts to enact the "National Childhood Brain Tumor Prevention Network Act of 2009"; and for other purposes.
Referred to the Committee on Health & Human Services.

1414

JOURNAL OF THE HOUSE

The following members were recognized during the period of Morning Orders and addressed the House:
Keen of the 179th, Carter of the 175th, and Knight of the 126th.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 344. By Representatives Smyre of the 132nd, Buckner of the 130th, Hugley of the 133rd, Smith of the 131st, Smith of the 129th and others:
A RESOLUTION commending Miss Chasity Hardman on placing as first runner-up in the Miss America Pageant and inviting her to appear before the House of Representatives; and for other purposes.
By order of the Committee on Rules, the following Bill of the House was withdrawn from the General Calendar and recommitted to the Committee on Ways & Means:
HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:
A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:

MONDAY, MARCH 9, 2009

1415

A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II).
The following Senate substitute was read:

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JOURNAL OF THE HOUSE

A BILL

To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the general appropriations Act, approved May 14, 2008, as House Bill 990, Act No.705, Ga. Laws 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229, 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, 2008, and ending June 30, 2009, known as the general appropriations Act, approved May 14, 2008, as House Bill 990, Act No. 705, Ga. Laws 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229, 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, 2008, and ending June 30, 2009:

HB 118

Governor

Gov Rev

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 American Recovery and Reinvestment Act of 2009 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

$19,203,246,010 $18,903,699,531 $18,903,699,531 $18,903,699,531

$16,947,247,607 $16,647,701,128 $16,647,701,128 $16,647,701,128

$187,278,126 $187,278,126 $187,278,126 $187,278,126

$1,027,529,868 $1,027,529,868 $1,027,529,868 $1,027,529,868

$880,152,075 $880,152,075 $880,152,075 $880,152,075

$159,069,341 $159,069,341 $159,069,341 $159,069,341

$1,968,993

$1,968,993

$1,968,993

$1,968,993

$10,957,848,647 $11,423,120,778 $11,578,354,930 $11,586,288,901

$145,317,456 $145,317,456

$94,424,439 $94,424,439 $94,424,439 $94,424,439

$88,380,653 $88,380,653 $88,380,653 $88,380,653

$13,130,623 $13,130,623 $13,130,623 $13,130,623

$17,191,338 $17,191,338 $17,402,038 $17,402,038

$3,281,868,064 $3,281,868,064 $3,292,199,596 $3,284,236,897

MONDAY, MARCH 9, 2009

1417

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 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

$1,242,517,438 $80,440,913 $24,910,040 $20,877,386
$5,280,684,829 $59,700,314 $4,404,431 $54,993,799
$253,038,815 $372,376,209 $346,576,209 $25,800,000
$68,909,356 $4,485,215,952
$47,279,570 $28,000,000 $19,279,570 $345,356,902 $345,356,902
$5,062,984 $5,062,984 $1,982,715,832 $214,057,828 $1,768,658,004 $95,631,411 $95,631,411 $6,441,003 $6,441,003 $2,001,438,653
$435,771 $2,001,002,882
$1,289,597 $1,289,597 $3,004,812,175 $2,979,956,732 $10,286,033
$608,684 $7,962,621
$657,795 $2,456,228,850

$1,242,517,438 $80,440,913 $24,910,040 $20,877,386
$5,745,956,960 $59,700,314 $4,404,431 $54,993,799
$253,038,815 $372,376,209 $346,576,209 $25,800,000 $68,909,356 $4,485,215,952 $47,279,570 $28,000,000
$19,279,570 $345,356,902 $345,356,902
$5,062,984 $5,062,984 $1,982,715,832 $214,057,828 $1,768,658,004 $95,631,411 $95,631,411 $6,441,003 $6,441,003 $2,001,438,653
$435,771 $2,001,002,882
$1,289,597 $1,289,597 $2,877,221,915 $2,852,366,472 $10,286,033
$608,684 $7,962,621
$657,795 $2,328,638,590

$1,242,517,438 $80,591,161 $24,910,040 $20,877,386
$5,755,461,319 $59,700,314 $4,404,431 $54,993,799 $253,038,815 $362,096,066 $336,296,066 $25,800,000 $68,909,356
$4,426,153,500 $47,279,570 $28,000,000 $19,279,570 $280,218,160 $280,218,160 $5,062,984 $5,062,984
$1,982,715,832 $214,057,828
$1,768,658,004 $99,789,236 $99,789,236 $6,441,003 $6,441,003
$2,003,357,118 $435,771
$2,002,921,347 $1,289,597 $1,289,597
$2,876,944,695 $2,852,089,252
$10,286,033 $608,684
$7,962,621 $657,795
$2,328,361,370

$1,242,517,438 $83,338,699 $24,910,040 $20,877,386
$5,758,582,308 $59,700,314 $4,404,431 $54,993,799 $253,038,815 $372,124,209 $346,324,209 $25,800,000 $68,909,356
$4,425,828,500 $47,279,570 $28,000,000 $19,279,570 $280,218,160 $280,218,160 $5,062,984 $5,062,984
$1,982,890,832 $214,057,828
$1,768,833,004 $99,789,236 $99,789,236 $6,441,003 $6,441,003
$2,002,857,118 $435,771
$2,002,421,347 $1,289,597 $1,289,597
$2,751,410,290 $2,732,012,847
$10,286,033 $608,684
$7,962,621 $657,795
$2,208,284,965

1418

JOURNAL OF THE HOUSE

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 Grant to Local Educational Agencies CFDA84.010 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS
Changes in Fund Availability
TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Lottery Proceeds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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 Maternal & Child Health Services Block Grant CFDA93.994

$36,801,423 $36,801,423 $36,801,423 $36,801,423

$49,111,814 $49,111,814 $49,111,814 $49,111,814

$1,330,388

$1,330,388

$1,330,388

$1,330,388

$10,689,069 $10,689,069 $10,689,069 $10,689,069

$333,430

$333,430

$333,430

$333,430

$295,125

$295,125

$295,125

$295,125

$280,857,262 $280,857,262 $280,857,262 $280,857,262

$20,369,650 $20,369,650 $20,369,650 $20,369,650

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$43,838,395 $43,838,395 $43,838,395 $43,838,395

$759,169

$759,169

$759,169

$759,169

$8,060,300

$8,060,300

$8,060,300

$8,060,300

$50,728,985 $50,728,985 $50,728,985 $50,728,985

$23,589,119 $23,589,119 $23,589,119 $18,131,119

$1,802,127

$1,802,127

$1,802,127

$1,802,127

$703,693

$703,693

$703,693

$703,693

$110,351

$110,351

$110,351

$110,351

$8,615,946

$8,615,946

$8,615,946

$8,615,946

$4,237,381

$4,237,381

$4,237,381

$4,237,381

$6,900,000

$6,900,000

$6,900,000

$1,442,000

$1,219,621

$1,219,621

$1,219,621

$1,219,621

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$34,646,310,609 $34,812,036,261 $34,908,207,961 $34,915,816,932

($1,962,636,506) ($2,262,182,985) ($2,262,182,985) ($2,262,182,985)

($2,133,181,973) ($2,432,728,452) ($2,432,728,452) ($2,432,728,452)

$187,278,126 $187,278,126 $187,278,126 $187,278,126

($14,628,991) ($14,628,991) ($14,628,991) ($14,628,991)

($2,103,668) ($2,103,668) ($2,103,668) ($2,103,668)

($161,149,958) $304,122,173 $459,356,325 $467,290,296

$145,317,456 $145,317,456

($222,408)

($222,408)

($222,408)

($222,408)

($44,966)

($44,966)

($44,966)

($44,966)

($217,846)

($217,846)

($7,146)

($7,146)

($15,528,600) ($15,528,600) ($5,197,068) ($13,159,767)

($7,302,987) ($7,302,987) ($7,152,739) ($4,405,201)

($2,261)

($2,261)

($2,261)

($2,261)

($108,671)

($108,671)

($108,671)

($108,671)

MONDAY, MARCH 9, 2009

1419

Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Child Care Development Fund per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Health Insurance Payments Liability Funds Mail and Courier Services Merit System Assessments Property Insurance Funds Workers Compensation Funds Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS
Section 1: Georgia Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

($87,991,042) $377,281,089 $386,785,448 $389,906,437

($20,358)

($20,358)

($20,358)

($20,358)

($64,961,731) ($64,961,731) ($64,961,731) ($64,961,731)

$26,307,565 $26,307,565 $16,027,422 $26,055,565

$24,607,565 $24,607,565 $14,327,422 $24,355,565

$1,700,000

$1,700,000

$1,700,000

$1,700,000

($11,056,653) ($11,056,653) ($11,056,653) ($11,056,653)

$76,807,517 $76,807,517 $17,745,065 $17,420,065

$78,692,732 $78,692,732 $13,553,990 $13,553,990

$78,692,732 $78,692,732 $13,553,990 $13,553,990

$175,000

$175,000

$47,667

$47,667

$4,205,492

$4,205,492

$47,667

$47,667

$4,205,492

$4,205,492

($1,932,882) ($1,932,882)

($14,417)

($514,417)

($1,932,882) ($1,932,882)

($14,417)

($514,417)

($243,011,970) ($370,602,230) ($370,879,450) ($496,413,855)

($243,047,051) ($370,637,311) ($370,914,531) ($490,990,936)

($289,573)

($289,573)

($289,573)

($289,573)

($240,482,328) ($368,072,588) ($368,349,808) ($488,426,213)

($135,200)

($135,200)

($135,200)

($135,200)

($50,486)

($50,486)

($50,486)

($50,486)

($1,593,079) ($1,593,079) ($1,593,079) ($1,593,079)

($319,185)

($319,185)

($319,185)

($319,185)

($177,200)

($177,200)

($177,200)

($177,200)

$35,081

$35,081

$35,081 ($5,422,919)

$35,081

$35,081

$35,081

$35,081

($5,458,000)

($2,289,990,917) ($2,251,855,525) ($2,155,961,045) ($2,273,886,479)

Section Total - Continuation

$11,402,191 $11,402,191 $11,402,191

$11,402,191 $11,402,191 $11,402,191

$11,402,191 $11,402,191 $11,402,191

Section Total - Final $10,717,058 $10,131,798 $10,717,058 $10,131,798 $10,717,058 $10,131,798

$10,087,483 $10,087,483 $10,087,483

$11,402,191 $11,402,191 $11,402,191
$10,087,483 $10,087,483 $10,087,483

1420

JOURNAL OF THE HOUSE

Lieutenant Governor's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$1,365,993 $1,365,993 $1,365,993

$1,365,993 $1,365,993 $1,365,993

$1,365,993 $1,365,993 $1,365,993

$1,365,993 $1,365,993 $1,365,993

1.1 Reduce funds from operations.

State General Funds

($81,294)

($81,294)

($81,294)

($81,294)

1.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($67,206)

($63,009)

($63,009)

1.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,664)

($23,082)

($23,082)

1.100-Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 118)

$1,284,699

$1,201,829

$1,284,699

$1,201,829

$1,284,699

$1,201,829

$1,198,608 $1,198,608 $1,198,608

$1,198,608 $1,198,608 $1,198,608

Secretary of the Senate's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$1,334,397 $1,334,397 $1,334,397

$1,334,397 $1,334,397 $1,334,397

$1,334,397 $1,334,397 $1,334,397

$1,334,397 $1,334,397 $1,334,397

2.1 Reduce funds from operations.

State General Funds

($81,209)

($81,209)

($81,209)

($81,209)

2.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($42,094)

($42,922)

($42,922)

2.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,301)

($22,141)

($22,141)

2.100-Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 118)

$1,253,188

$1,195,793

$1,253,188

$1,195,793

$1,253,188

$1,195,793

$1,188,125 $1,188,125 $1,188,125

$1,188,125 $1,188,125 $1,188,125

MONDAY, MARCH 9, 2009

1421

Senate
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$7,629,495 $7,629,495 $7,629,495

$7,629,495 $7,629,495 $7,629,495

$7,629,495 $7,629,495 $7,629,495

$7,629,495 $7,629,495 $7,629,495

3.1 Reduce funds from operations.

State General Funds

($459,045)

($459,045)

($459,045)

($459,045)

3.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($290,989)

($280,378)

($280,378)

3.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($87,487)

($128,877)

($128,877)

3.100 -Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 118)

$7,170,450

$6,791,974

$7,170,450

$6,791,974

$7,170,450

$6,791,974

$6,761,195 $6,761,195 $6,761,195

$6,761,195 $6,761,195 $6,761,195

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

$1,072,306 $1,072,306 $1,072,306

$1,072,306 $1,072,306 $1,072,306

$1,072,306 $1,072,306 $1,072,306

$1,072,306 $1,072,306 $1,072,306

4.1 Reduce funds from operations.

State General Funds

($63,585)

($63,585)

($63,585)

($63,585)

4.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($54,223)

($51,040)

($51,040)

4.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($12,296)

($18,126)

($18,126)

4.100-Senate Budget and Evaluation Office

Appropriation (HB 118)

The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS

$1,008,721

$942,202

State General Funds

$1,008,721

$942,202

TOTAL PUBLIC FUNDS

$1,008,721

$942,202

$939,555 $939,555 $939,555

$939,555 $939,555 $939,555

1422

JOURNAL OF THE HOUSE

Section 2: Georgia House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Section Total - Continuation

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

Section Total - Final $18,659,943 $17,618,197 $18,659,943 $17,618,197 $18,659,943 $17,618,197

$17,579,244 $17,579,244 $17,579,244

Continuation Budget

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950
$17,637,616 $17,637,616 $17,637,616
$19,850,950 $19,850,950 $19,850,950

5.1 Reduce funds from operations.

State General Funds

($1,191,007) ($1,191,007) ($1,191,007) ($1,191,007)

5.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($814,095)

($814,095)

($755,723)

5.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($227,651)

($266,604)

($266,604)

5.100-House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 118) $18,659,943 $17,618,197 $18,659,943 $17,618,197 $18,659,943 $17,618,197

$17,579,244 $17,579,244 $17,579,244

$17,637,616 $17,637,616 $17,637,616

Section 3: Georgia General Assembly Joint Offices
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$10,479,449 $10,479,449 $10,479,449

$10,479,449 $10,479,449 $10,479,449

$10,479,449 $10,479,449 $10,479,449

$10,479,449 $10,479,449 $10,479,449

Section Total - Final

MONDAY, MARCH 9, 2009

1423

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$9,851,655 $9,851,655 $9,851,655

$9,495,666 $9,495,666 $9,495,666

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

$4,728,361 $4,728,361 $4,728,361

$4,728,361 $4,728,361 $4,728,361

$9,427,959 $9,427,959 $9,427,959
$4,728,361 $4,728,361 $4,728,361

$9,429,943 $9,429,943 $9,429,943
$4,728,361 $4,728,361 $4,728,361

6.1 Reduce funds from operations.

State General Funds

($283,711)

($283,711)

($283,711)

($283,711)

6.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($52,880)

($53,831)

($53,831)

6.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$8,710

$0

$0

6.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($54,230)

($90,005)

($90,005)

6.100-Ancillary Activities

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$4,444,650

$4,346,250

State General Funds

$4,444,650

$4,346,250

TOTAL PUBLIC FUNDS

$4,444,650

$4,346,250

$4,300,814 $4,300,814 $4,300,814

$4,300,814 $4,300,814 $4,300,814

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

$2,646,281 $2,646,281 $2,646,281

$2,646,281 $2,646,281 $2,646,281

$2,646,281 $2,646,281 $2,646,281

$2,646,281 $2,646,281 $2,646,281

7.1 Reduce funds from operations.

State General Funds

($158,777)

($158,777)

($158,777)

($158,777)

7.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

1424

JOURNAL OF THE HOUSE

State General Funds

($75,233)

($70,880)

($68,896)

7.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$12,392

$46,497

$46,497

7.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($30,350)

($47,410)

($47,410)

7.100-Legislative Fiscal Office

Appropriation (HB 118)

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

$2,487,504

$2,394,313

$2,415,711

$2,417,695

State General Funds

$2,487,504

$2,394,313

$2,415,711

$2,417,695

TOTAL PUBLIC FUNDS

$2,487,504

$2,394,313

$2,415,711

$2,417,695

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

$3,104,807 $3,104,807 $3,104,807

$3,104,807 $3,104,807 $3,104,807

$3,104,807 $3,104,807 $3,104,807

$3,104,807 $3,104,807 $3,104,807

8.1 Reduce funds from operations.

State General Funds

($185,306)

($185,306)

($185,306)

($185,306)

8.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($154,184)

($157,586)

($157,586)

8.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$25,395

$0

$0

8.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($35,609)

($50,481)

($50,481)

8.100-Office of Legislative Counsel

Appropriation (HB 118)

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS

$2,919,501

$2,755,103

$2,711,434

State General Funds

$2,919,501

$2,755,103

$2,711,434

TOTAL PUBLIC FUNDS

$2,919,501

$2,755,103

$2,711,434

$2,711,434 $2,711,434 $2,711,434

MONDAY, MARCH 9, 2009

1425

Section 4: Audits and Accounts, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$35,427,174 $35,427,174 $35,427,174

$35,427,174 $35,427,174 $35,427,174

$35,427,174 $35,427,174 $35,427,174

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $33,174,936 $30,882,598 $33,174,936 $30,882,598 $33,174,936 $30,882,598

$30,506,203 $30,506,203 $30,506,203

Audit and Assurance Services

Continuation Budget

The purpose of this appropriation is to provide financial, performance, and information system audits.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$31,283,984 $31,283,984 $31,283,984

$31,283,984 $31,283,984 $31,283,984

$31,283,984 $31,283,984 $31,283,984

$35,427,174 $35,427,174 $35,427,174
$30,179,870 $30,179,870 $30,179,870
$31,283,984 $31,283,984 $31,283,984

9.1 Reduce funds from personnel.

State General Funds

($1,560,155) ($1,560,155) ($1,560,155) ($1,560,155)

9.2 Reduce funds received in HB990 (FY09G) to develop an auditing function for funding formulas and program inputs to include all education agencies.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

9.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,691,737) ($1,692,056) ($1,691,737)

9.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$21,385

$24,166

$24,166

9.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($328,665)

($385,800)

($776,451)

9.6 Defer the FY09 cost of living adjustment.

State General Funds

($203,707)

($203,707)

9.100-Audit and Assurance Services

Appropriation (HB 118)

The purpose of this appropriation is to provide financial, performance, and information system audits.

TOTAL STATE FUNDS

$29,223,829 $27,224,812

State General Funds

$29,223,829 $27,224,812

TOTAL PUBLIC FUNDS

$29,223,829 $27,224,812

$26,966,432 $26,966,432 $26,966,432

$26,576,100 $26,576,100 $26,576,100

1426

JOURNAL OF THE HOUSE

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

$1,729,799 $1,729,799 $1,729,799

$1,729,799 $1,729,799 $1,729,799

$1,729,799 $1,729,799 $1,729,799

$1,729,799 $1,729,799 $1,729,799

10.1 Reduce funds from personnel.

State General Funds

($76,988)

($76,988)

($76,988)

($76,988)

10.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($99,098)

($99,301)

($99,098)

10.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,253

$0

$0

10.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($45,299)

$14,442

($26,173)

10.5 Defer the FY09 cost of living adjustment.

State General Funds

($138,384)

($15,694)

10.100 -Departmental Administration

Appropriation (HB 118)

The purpose of this appropriation is to provide administrative support to all Department programs.

TOTAL STATE FUNDS

$1,652,811

$1,509,667

State General Funds

$1,652,811

$1,509,667

TOTAL PUBLIC FUNDS

$1,652,811

$1,509,667

$1,429,568 $1,429,568 $1,429,568

$1,511,846 $1,511,846 $1,511,846

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

$123,743 $123,743 $123,743

$123,743 $123,743 $123,743

$123,743 $123,743 $123,743

$123,743 $123,743 $123,743

11.1 Reduce funds from personnel.

State General Funds

($5,760)

($5,760)

($5,760)

($5,760)

11.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($7,219)

($6,751)

($7,219)

MONDAY, MARCH 9, 2009

1427

11.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$91

$0

$0

11.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,545)

$4,900

($3,667)

11.5 Defer the FY09 cost of living adjustment.

State General Funds

($860)

($860)

11.100 -Legislative Services

Appropriation (HB 118)

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

$117,983

$107,310

$115,272

$106,237

State General Funds

$117,983

$107,310

$115,272

$106,237

TOTAL PUBLIC FUNDS

$117,983

$107,310

$115,272

$106,237

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

$2,289,648 $2,289,648 $2,289,648

$2,289,648 $2,289,648 $2,289,648

$2,289,648 $2,289,648 $2,289,648

$2,289,648 $2,289,648 $2,289,648

12.1 Reduce funds from personnel.

State General Funds

($109,335)

($109,335)

($109,335)

($109,335)

12.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($113,716)

($113,662)

($113,716)

12.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,437

$0

$0

12.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($27,225)

($60,603)

($69,793)

12.5 Defer the FY09 cost of living adjustment.

State General Funds

($11,117)

($11,117)

12.100 -Statewide Equalized Adjusted Property Tax Digest

Appropriation (HB 118)

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.

1428

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,180,313 $2,180,313 $2,180,313

$2,040,809 $2,040,809 $2,040,809

$1,994,931 $1,994,931 $1,994,931

$1,985,687 $1,985,687 $1,985,687

Section 5: Appeals, Court of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Continuation

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$13,093,830 $12,789,526

$13,093,830 $12,789,526

$150,000

$150,000

$150,000

$150,000

$13,243,830 $12,939,526

$12,665,713 $12,665,713
$150,000 $150,000 $12,815,713

$12,665,713 $12,665,713
$150,000 $150,000 $12,815,713

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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

13.1 Defer the FY09 cost of living adjustment.

State General Funds

($159,151)

($159,151)

($159,151)

($159,151)

13.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($655,772)

($811,979)

($811,979)

($811,979)

13.3 Reduce funds received in HB990 (FY09G) for the e-filing initiative.

State General Funds

($45,329)

($45,329)

($45,329)

($45,329)

13.4 Reduce funds received in HB990 (FY09G) to upgrade the court's docket system.

State General Funds

($147,900)

($147,900)

($147,900)

($147,900)

MONDAY, MARCH 9, 2009

1429

13.5 Reduce funds from the Westlaw contract and temporarily suspend online legal subscription services.

State General Funds

($36,000)

($36,000)

($36,000)

($36,000)

13.6 Reduce funds by delaying equipment replacements, microfilming services, and IT expenses.

State General Funds

($194,970)

($194,970)

($194,970)

($194,970)

13.7 Reduce funds by eliminating nine filled support positions and a vacant attorney position.

State General Funds

($356,183)

($356,183)

($356,183)

($356,183)

13.8 Reduce funds and freeze summer internship pay.

State General Funds

($55,300)

($55,300)

($55,300)

($55,300)

13.9 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$11,648

$11,648

$11,648

13.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($159,745)

($283,558)

($283,558)

13.100 -Court of Appeals

Appropriation (HB 118)

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

$13,093,830 $12,789,526 $12,665,713 $12,665,713

State General Funds

$13,093,830 $12,789,526 $12,665,713 $12,665,713

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

$13,243,830 $12,939,526 $12,815,713 $12,815,713

Section 6: Judicial Council
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

$16,345,321 $16,345,321 $2,492,903 $2,492,903
$615,890 $615,890 $19,454,114

$16,345,321 $16,345,321 $2,492,903
$2,492,903 $615,890 $615,890
$19,454,114

$16,345,321 $16,345,321
$2,492,903 $2,492,903
$615,890 $615,890 $19,454,114

$16,345,321 $16,345,321 $2,492,903
$2,492,903 $615,890 $615,890
$19,454,114

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

Section Total - Final

$14,845,118 $14,449,367

$14,845,118 $14,449,367

$2,492,903

$2,492,903

$14,469,348 $14,469,348 $2,492,903

$14,452,958 $14,452,958 $2,492,903

1430

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services TOTAL PUBLIC FUNDS

$2,492,903 $615,890 $615,890
$17,953,911

$2,492,903 $615,890 $615,890
$17,558,160

$2,492,903 $615,890 $615,890
$17,578,141

$2,492,903 $615,890 $615,890
$17,561,751

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

$196,638 $196,638 $172,890 $172,890 $172,890 $369,528

$196,638 $196,638 $172,890 $172,890 $172,890 $369,528

$196,638 $196,638 $172,890 $172,890 $172,890 $369,528

$196,638 $196,638 $172,890 $172,890 $172,890 $369,528

14.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,117)

($3,117)

($3,117)

($3,117)

14.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($19,145)

($9,425)

($19,145)

($9,425)

14.3 Reduce funds and the use of temporary professional employees to help with seasonal projects such as the annual report and trainings.

State General Funds

($10,463)

($10,463)

($10,463)

($10,463)

14.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$153

$0

$0

14.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($2,179)

($4,882)

($4,882)

14.100 -Georgia Office of Dispute Resolution

Appropriation (HB 118)

The purpose of this appropriation is to oversee the development of court-connected alternative dispute resolution programs in Georgia.

TOTAL STATE FUNDS

$163,913

$171,607

$159,031

State General Funds

$163,913

$171,607

$159,031

TOTAL AGENCY FUNDS

$172,890

$172,890

$172,890

Sales and Services

$172,890

$172,890

$172,890

Sales and Services Not Itemized

$172,890

$172,890

$172,890

TOTAL PUBLIC FUNDS

$336,803

$344,497

$331,921

$168,751 $168,751 $172,890 $172,890 $172,890 $341,641

MONDAY, MARCH 9, 2009

1431

Institute of Continuing Judicial Education

Continuation Budget

The purpose of this appropriation is to provide basic training and continuing education to elected officials, court support personnel and volunteer agents of the

State's judicial branch.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

15.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,105)

($6,105)

15.2 Reduce funds by freezing the vacant program support position for court administrative personnel training.

State General Funds

($40,000)

($40,000)

15.3 Reduce funds by instituting a moratorium on financial aid for nationally-based educational travel.

State General Funds

($10,000)

($10,000)

15.4 Reduce funds by canceling the 2009 Annual Conference for law clerks.

State General Funds

($15,000)

($15,000)

15.5 Reduce funds by eliminating the design and delivery of the 2009 Leadership Academy.

State General Funds

($12,514)

($12,514)

15.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($14,382)

($6,105) ($40,000) ($10,000) ($15,000) ($12,514) ($36,167)

($6,105) ($40,000) ($10,000) ($15,000) ($12,514) ($36,167)

15.100 -Institute of Continuing Judicial Education

Appropriation (HB 118)

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

$1,214,381

$1,199,999

$1,178,214

$1,178,214

State General Funds

$1,214,381

$1,199,999

$1,178,214

$1,178,214

TOTAL AGENCY FUNDS

$177,500

$177,500

$177,500

$177,500

Sales and Services

$177,500

$177,500

$177,500

$177,500

Sales and Services Not Itemized

$177,500

$177,500

$177,500

$177,500

TOTAL PUBLIC FUNDS

$1,391,881

$1,377,499

$1,355,714

$1,355,714

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.

1432

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 PUBLIC FUNDS

$13,971,643 $13,971,643 $2,492,903 $2,492,903
$265,500 $265,500 $265,500 $16,730,046

$13,971,643 $13,971,643 $2,492,903
$2,492,903 $265,500 $265,500 $265,500
$16,730,046

$13,971,643 $13,971,643
$2,492,903 $2,492,903
$265,500 $265,500 $265,500 $16,730,046

$13,971,643 $13,971,643 $2,492,903
$2,492,903 $265,500 $265,500 $265,500
$16,730,046

16.1 Defer the FY09 cost of living adjustment.

State General Funds

($73,828)

($73,828)

($73,828)

($73,828)

16.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($436,021)

($669,697)

($380,925)

($405,087)

16.3 Reduce funds from the Administrative Office of the Courts (AOC) by eliminating the contract for maintenance of the SUSTAIN Case Management software system.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

16.4 Reduce funds and freeze the following vacant positions: an administrative assistant in the General Counsel Division, a desktop administrator in the Technology Division, and a research position in the Research Division.

State General Funds

($166,537)

($166,537)

($166,537)

($166,537)

16.5 Reduce funds from the Council of State Court Judges (-$15,932), Council of Probate Court Judges (-$4,687), Council of Municipal Court Judges ($1,140), Council of Magistrate Court Judges (-$11,785), and Council of Court Administrators (-$286).

State General Funds

($33,830)

($33,830)

($33,830)

($33,830)

16.6 Reduce funds and the amount of grant funding to be awarded to local drug courts.

State General Funds

($139,044)

($139,044)

($139,044)

($139,044)

16.7 Reduce funds from the Child Support Guidelines Commission by suspending all travel, printing, publications for laminated bench cards and child support calculator worksheet guides, and meetings.

State General Funds

($6,150)

($6,150)

($6,150)

($6,150)

16.8 Reduce funds from the County and Municipal Probation Advisory Council by eliminating the reimbursements for member expenses and registration costs for conferences.

State General Funds

($16,727)

($16,727)

($16,727)

($16,727)

16.9 Reduce funds from grants awarded for civil legal services to Victims of Domestic Violence.

State General Funds

($128,078)

($128,078)

($128,078)

($128,078)

16.10 Reduce funds from the Committee on Access and Fairness by discontinuing the newsletter in print form, reducing Color of Justice Programs, and reducing the number of meetings held from six to four.

MONDAY, MARCH 9, 2009

1433

State General Funds

($6,480)

($6,480)

($6,480)

($6,480)

16.11 Reduce funds from the Georgia Law School Consortium and the stipends paid to nineteen students beginning in the 2009 spring semester.

State General Funds

($10,585)

($10,585)

($10,585)

($10,585)

16.12 Reduce funds from the Georgia Courts Automation Commission by reducing the number of facilitated sessions for the Strategic IT and Business Plans, the Common Judicial Data Dictionary project, and the National Information Exchange Model Mapping program.

State General Funds

($50,101)

($50,101)

($50,101)

($50,101)

16.13 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$10,877

$11,263

$11,263

16.14 Reduce funds to reflect the revised revenue estimate.

State General Funds

($154,809)

($376,880)

($376,880)

16.99 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 $2,010,956 is designated for Drug and DUI Courts.

State General Funds

$0

$0

16.100 -Judicial Council

Appropriation (HB 118)

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 $2,010,956 is designated for Drug and DUI Courts.

TOTAL STATE FUNDS

$12,654,262 $12,276,654 $12,343,741 $12,319,579

State General Funds

$12,654,262 $12,276,654 $12,343,741 $12,319,579

TOTAL FEDERAL FUNDS

$2,492,903

$2,492,903

$2,492,903

$2,492,903

Federal Funds Not Itemized

$2,492,903

$2,492,903

$2,492,903

$2,492,903

TOTAL AGENCY FUNDS

$265,500

$265,500

$265,500

$265,500

Sales and Services

$265,500

$265,500

$265,500

$265,500

Sales and Services Not Itemized

$265,500

$265,500

$265,500

$265,500

TOTAL PUBLIC FUNDS

$15,412,665 $15,035,057 $15,102,144 $15,077,982

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

$299,040 $299,040 $299,040

$299,040 $299,040 $299,040

$299,040 $299,040 $299,040

$299,040 $299,040 $299,040

17.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,226)

($2,226)

($2,226)

($2,226)

17.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

1434

JOURNAL OF THE HOUSE

State General Funds

($12,386)

($14,334)

($12,386)

($14,334)

17.3 Reduce funds from operations.

State General Funds

($17,066)

($17,066)

($25,029)

($25,029)

17.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$233

$0

$0

17.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,313)

$0

$0

17.100 -Judicial Qualifications Commission

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$267,362

$262,334

State General Funds

$267,362

$262,334

TOTAL PUBLIC FUNDS

$267,362

$262,334

$259,399 $259,399 $259,399

$257,451 $257,451 $257,451

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

$580,000 $580,000 $580,000

$580,000 $580,000 $580,000

$580,000 $580,000 $580,000

$580,000 $580,000 $580,000

18.1 Reduce funds from operations. State General Funds 18.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($34,800)

($34,800) ($6,427)

($51,037) $0

18.100 -Resource Center

Appropriation (HB 118)

The purpose of this appropriation is to provide representation to all death penalty sentenced inmates in habeas proceedings.

TOTAL STATE FUNDS

$545,200

$538,773

$528,963

State General Funds

$545,200

$538,773

$528,963

TOTAL PUBLIC FUNDS

$545,200

$538,773

$528,963

Section 7: Juvenile Courts
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

Section Total - Continuation

$6,691,660 $6,691,660
$447,456

$6,691,660 $6,691,660
$447,456

$6,691,660 $6,691,660
$447,456

($51,037)
$0
$528,963 $528,963 $528,963
$6,691,660 $6,691,660
$447,456

MONDAY, MARCH 9, 2009

1435

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$447,456 $7,139,116

$447,456 $7,139,116

$447,456 $7,139,116

$447,456 $7,139,116

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final

$6,505,752

$6,421,253

$6,505,752

$6,421,253

$447,456

$447,456

$447,456

$447,456

$6,953,208

$6,868,709

$6,482,083 $6,482,083
$447,456 $447,456 $6,929,539

$6,482,083 $6,482,083
$447,456 $447,456 $6,929,539

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

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

19.1 Defer the FY09 cost of living adjustment.

State General Funds

($14,189)

($14,189)

($14,189)

($14,189)

19.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($74,718)

($82,215)

($82,215)

($82,215)

19.3 Reduce funds from the purchase of services for the Juvenile Offenders Program that reimburses county governments for community-based services that provide alternatives to institutional treatment.

State General Funds

($97,001)

($97,001)

($97,001)

($97,001)

19.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,368

$2,368

$2,368

19.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($79,370)

($18,540)

($18,540)

19.100 -Council of Juvenile Court Judges

Appropriation (HB 118)

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

$1,519,691

$1,435,192

$1,496,022

$1,496,022

State General Funds

$1,519,691

$1,435,192

$1,496,022

$1,496,022

1436

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$447,456 $447,456 $1,967,147

$447,456 $447,456 $1,882,648

$447,456 $447,456 $1,943,478

$447,456 $447,456 $1,943,478

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

$4,986,061 $4,986,061 $4,986,061

$4,986,061 $4,986,061 $4,986,061

$4,986,061 $4,986,061 $4,986,061

$4,986,061 $4,986,061 $4,986,061

20.100 -Grants to Counties for Juvenile Court Judges

Appropriation (HB 118)

The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.

TOTAL STATE FUNDS

$4,986,061

$4,986,061

State General Funds

$4,986,061

$4,986,061

TOTAL PUBLIC FUNDS

$4,986,061

$4,986,061

$4,986,061 $4,986,061 $4,986,061

$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

$59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741

$59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741

$59,281,695 $59,281,695
$1,767,046 $1,767,046 $61,048,741

$59,281,695 $59,281,695 $1,767,046
$1,767,046 $61,048,741

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$52,061,931 $51,164,589

$52,061,931 $51,164,589

$1,802,127

$1,802,127

$1,802,127

$1,802,127

$53,864,058 $52,966,716

$51,799,745 $51,799,745 $1,802,127 $1,802,127 $53,601,872

$50,897,162 $50,897,162 $1,802,127 $1,802,127 $52,699,289

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

$52,323,746 $52,323,746 $1,767,046 $1,767,046

$52,323,746 $52,323,746 $1,767,046 $1,767,046

$52,323,746 $52,323,746
$1,767,046 $1,767,046

$52,323,746 $52,323,746 $1,767,046
$1,767,046

MONDAY, MARCH 9, 2009

1437

FF Child Support Enforcement Title IV-D CFDA93.563 TOTAL PUBLIC FUNDS

$1,767,046 $54,090,792

$1,767,046 $54,090,792

$1,767,046 $54,090,792

$1,767,046 $54,090,792

21.1 Defer the FY09 cost of living adjustment.

State General Funds

($637,857)

($637,857)

($637,857)

($637,857)

21.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($2,943,368) ($3,064,785) ($3,207,216) ($3,064,785)

21.3 Reduce funds received in HB990 (FY09G) for an increase in the mileage reimbursement rate.

State General Funds

($103,672)

($103,672)

($103,672)

($103,672)

21.4 Reduce funds by suspending step increases and promotions temporarily for all state paid Assistant District Attorneys.

State General Funds

($349,150)

($349,150)

($349,150)

($349,150)

21.5 Reduce funds by furloughing all state paid employees, except District Attorneys who are constitutional officers, for a total of thirteen days throughout the fiscal year.

State General Funds

($2,243,917) ($2,243,917) ($2,243,917) ($2,243,917)

21.6 Increase funds to cover a shortfall projected for the month of June.

State General Funds

$602,583

$602,583

$602,583

$0

21.7 Increase funds to reflect a change in the child support contract with the Department of Human Resources.

FF Child Support Enforcement Title IV-D CFDA93.563

$35,081

$35,081

$35,081

$35,081

21.8 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,467

$0

$0

21.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($335,156)

$0

$0

21.100 -District Attorneys

Appropriation (HB 118)

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

$46,648,365 $46,193,259 $46,384,517 $45,924,365

State General Funds

$46,648,365 $46,193,259 $46,384,517 $45,924,365

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,802,127

$1,802,127

$1,802,127

$1,802,127

Federal Funds Transfers

$1,802,127

$1,802,127

$1,802,127

$1,802,127

FF Child Support Enforcement Title IV-D CFDA93.563

$1,802,127

$1,802,127

$1,802,127

$1,802,127

TOTAL PUBLIC FUNDS

$48,450,492 $47,995,386 $48,186,644 $47,726,492

Prosecuting Attorney's Council

Continuation Budget

The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.

1438

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$6,957,949 $6,957,949 $6,957,949

$6,957,949 $6,957,949 $6,957,949

$6,957,949 $6,957,949 $6,957,949

$6,957,949 $6,957,949 $6,957,949

22.1 Defer the FY09 cost of living adjustment.

State General Funds

($52,707)

($52,707)

($52,707)

($52,707)

22.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($265,120)

($407,551)

($265,120)

($407,551)

22.3 Reduce funds by not filling the following four vacant positions: two attorneys, a victim witness coordinator, and an IT position.

State General Funds

($632,353)

($632,353)

($632,353)

($632,353)

22.4 Reduce funds from operations.

State General Funds

($160,879)

($160,879)

($160,879)

($160,879)

22.5 Reduce funds received in HB990 (FY09G) and defer the purchase and replacement of obsolete computer equipment in District Attorneys' offices.

State General Funds

($208,125)

($208,125)

($208,125)

($208,125)

22.6 Reduce funds from training victim coordinators.

State General Funds

($25,735)

($25,735)

($25,735)

($25,735)

22.7 Reduce funds by furloughing all employees for a total of thirteen days throughout the fiscal year.

State General Funds

($187,889)

($187,889)

($187,889)

($187,889)

22.8 Reduce funds by suspending step increases and promotions temporarily for all state paid Assistant District Attorneys.

State General Funds

($11,575)

($11,575)

($11,575)

($11,575)

22.9 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$195

$1,662

$1,662

22.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($300,000)

$0

($300,000)

22.100 -Prosecuting Attorney's Council

Appropriation (HB 118)

The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.

TOTAL STATE FUNDS

$5,413,566

$4,971,330

State General Funds

$5,413,566

$4,971,330

TOTAL PUBLIC FUNDS

$5,413,566

$4,971,330

$5,415,228 $5,415,228 $5,415,228

$4,972,797 $4,972,797 $4,972,797

Section 9: Superior Courts

Section Total - Continuation

MONDAY, MARCH 9, 2009

1439

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$63,622,100 $63,622,100 $63,622,100

$63,622,100 $63,622,100 $63,622,100

$63,622,100 $63,622,100 $63,622,100

$63,622,100 $63,622,100 $63,622,100

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $57,621,332 $55,953,337 $57,621,332 $55,953,337 $57,621,332 $55,953,337

$56,106,568 $56,106,568 $56,106,568

$55,878,707 $55,878,707 $55,878,707

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

$1,751,550 $1,751,550 $1,751,550

$1,751,550 $1,751,550 $1,751,550

$1,751,550 $1,751,550 $1,751,550

$1,751,550 $1,751,550 $1,751,550

23.1 Reduce funds received in HB990 (FY09G) for the Judicial Data Exchange (JDX) project.

State General Funds

($1,352,702)

23.2 Reduce funds from operations.

State General Funds

($1,352,702)

($1,352,702) ($22,640)

($1,352,702) ($22,640)

23.100 -Council of Superior Court Clerks

Appropriation (HB 118)

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

$398,848

$398,848

$376,208

$376,208

State General Funds

$398,848

$398,848

$376,208

$376,208

TOTAL PUBLIC FUNDS

$398,848

$398,848

$376,208

$376,208

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

$1,483,201 $1,483,201 $1,483,201

$1,483,201 $1,483,201 $1,483,201

$1,483,201 $1,483,201 $1,483,201

$1,483,201 $1,483,201 $1,483,201

24.1 Defer the FY09 cost of living adjustment. State General Funds

($16,204)

($16,204)

($16,204)

($16,204)

1440

JOURNAL OF THE HOUSE

24.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($65,197)

($84,605)

($65,197)

($84,605)

24.3 Reduce funds due to the early elimination of the Sentence Review Panel.

State General Funds

($22,240)

($22,240)

($22,240)

($22,240)

24.4 Reduce funds by eliminating equipment purchases, cutting supplies by 50%, and hiring interns for only three months.

State General Funds

($46,636)

($46,636)

($46,636)

($46,636)

24.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$244

$0

$0

24.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($100,000)

($40,000)

($40,000)

24.100 -Council of Superior Court Judges

Appropriation (HB 118)

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

$1,332,924

$1,213,760

$1,292,924

$1,273,516

State General Funds

$1,332,924

$1,213,760

$1,292,924

$1,273,516

TOTAL PUBLIC FUNDS

$1,332,924

$1,213,760

$1,292,924

$1,273,516

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

$2,348,845 $2,348,845 $2,348,845

$2,348,845 $2,348,845 $2,348,845

$2,348,845 $2,348,845 $2,348,845

$2,348,845 $2,348,845 $2,348,845

25.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($90,374)

($133,983)

($90,374)

($133,983)

25.2 Reduce funds from operations at the ten district offices.

State General Funds

($134,855)

($134,855)

($162,485)

($162,485)

25.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$386

$0

$0

25.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($300,000)

($38,758)

($38,758)

MONDAY, MARCH 9, 2009

1441

25.5 Defer the FY09 cost of living adjustment. State General Funds

($24,360)

($24,360)

25.100 -Judicial Administrative Districts

Appropriation (HB 118)

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

$2,123,616

$1,780,393

$2,032,868

$1,989,259

State General Funds

$2,123,616

$1,780,393

$2,032,868

$1,989,259

TOTAL PUBLIC FUNDS

$2,123,616

$1,780,393

$2,032,868

$1,989,259

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

$58,038,504 $58,038,504 $58,038,504

$58,038,504 $58,038,504 $58,038,504

$58,038,504 $58,038,504 $58,038,504

$58,038,504 $58,038,504 $58,038,504

26.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($2,398,471) ($3,310,638) ($3,145,794) ($3,310,638)

26.2 Reduce funds from operations and eliminate the use of Senior Judges for the fiscal year.

State General Funds

($1,874,089) ($1,874,089) ($1,874,089) ($1,874,089)

26.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$9,539

$10,169

$10,169

26.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($302,980)

$0

$0

26.5 Defer the FY09 cost of living adjustment.

State General Funds

($744,222)

($744,222)

26.6 Increase funds for Senior Judge use in the Piedmont circuit and as future emergencies arise.

State General Funds

$60,000

$60,000

26.7 Increase funds for travel.

State General Funds

$60,000

$60,000

26.100 -Superior Court Judges

Appropriation (HB 118)

1442

JOURNAL OF THE HOUSE

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

$53,765,944 $52,560,336 $52,404,568 $52,239,724

State General Funds

$53,765,944 $52,560,336 $52,404,568 $52,239,724

TOTAL PUBLIC FUNDS

$53,765,944 $52,560,336 $52,404,568 $52,239,724

Section 10: Supreme Court
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final

$7,889,047

$7,506,977

$7,889,047

$7,506,977

$7,889,047

$7,506,977

$7,807,702 $7,807,702 $7,807,702

$7,815,547 $7,815,547 $7,815,547

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

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

27.1 Defer the FY09 cost of living adjustment.

State General Funds

($89,806)

($89,806)

($89,806)

($89,806)

27.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($355,632)

($655,889)

($451,410)

($443,565)

27.3 Reduce funds by eliminating five positions, by eliminating the summer internship program, and from operations.

State General Funds

($503,489)

($503,489)

($503,489)

($503,489)

27.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$14,433

$14,433

$14,433

27.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($96,246)

$0

$0

MONDAY, MARCH 9, 2009

1443

27.100 -Supreme Court of Georgia

Appropriation (HB 118)

The purpose of this appropriation is to be a court of review and exercise exclusive appellate jurisdiction in all cases involving the construction of a treaty or of

the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has

been drawn in question, and all cases of election contest.

TOTAL STATE FUNDS

$7,889,047

$7,506,977

$7,807,702

$7,815,547

State General Funds

$7,889,047

$7,506,977

$7,807,702

$7,815,547

TOTAL PUBLIC FUNDS

$7,889,047

$7,506,977

$7,807,702

$7,815,547

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

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$4,471,956

$4,414,053

$4,471,956

$4,414,053

$10,286,033 $10,286,033

$10,286,033 $10,286,033

$14,757,989 $14,700,086

$3,808,773 $3,808,773 $10,286,033 $10,286,033 $14,094,806

$4,414,053 $4,414,053 $10,286,033 $10,286,033 $14,700,086

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

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

28.1 Defer the FY09 cost of living adjustment.

State General Funds

($40,448)

($40,448)

($40,448)

($40,448)

28.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($178,988)

($192,171)

($192,171)

($192,171)

1444

JOURNAL OF THE HOUSE

28.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$14,051

$14,051

$14,051

$14,051

28.4 Reduce funds from personnel.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

28.5 Reduce funds from operations.

State General Funds

($344,524)

($344,524)

($344,524)

($344,524)

28.6 Reduce funds by limiting purchases, only publishing critical reports, using orders from prior years to meet Oracle training needs, and curtailing travel and staff training.

State General Funds

($184,308)

($184,308)

($184,308)

($184,308)

28.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($44,720)

$0

($44,720)

28.8 Reduce funds from contracts.

State General Funds

($650,000)

$0

28.100 -State Accounting Office

Appropriation (HB 118)

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

$4,471,956

$4,414,053

$3,808,773

$4,414,053

State General Funds

$4,471,956

$4,414,053

$3,808,773

$4,414,053

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$10,286,033 $10,286,033 $10,286,033 $10,286,033

State Funds Transfers

$10,286,033 $10,286,033 $10,286,033 $10,286,033

Accounting System Assessments

$10,286,033 $10,286,033 $10,286,033 $10,286,033

TOTAL PUBLIC FUNDS

$14,757,989 $14,700,086 $14,094,806 $14,700,086

Section 12: Administrative Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

$13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

$13,792,429 $13,792,429 $21,463,729
$6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

$13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

MONDAY, MARCH 9, 2009

1445

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

$7,875,715

$7,770,814

$7,875,715

$7,770,814

$19,695,847 $19,695,847

$6,834,082

$6,834,082

$3,352,238

$3,352,238

$7,139,999

$7,139,999

$126,214

$126,214

$2,243,314

$2,243,314

$131,974,783 $131,974,783

$131,974,783 $131,974,783

$159,546,345 $159,441,444

$6,226,352 $6,226,352 $23,853,672 $5,567,758 $3,352,238 $11,297,824
$126,214 $3,509,638 $131,974,783 $131,974,783 $162,054,807

$6,226,352 $6,226,352 $23,853,672 $5,567,758 $3,352,238 $11,297,824
$126,214 $3,509,638 $131,974,783 $131,974,783 $162,054,807

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

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

29.100 -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 118)

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services

$3,358,438 $3,358,438 $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

$3,358,438 $3,358,438 $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

$3,358,438 $3,358,438 $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

$3,358,438 $3,358,438 $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

1446

JOURNAL OF THE HOUSE

Motor Vehicle Rental Payments Risk Management Assessments TOTAL PUBLIC FUNDS

$203,686 $759,169 $5,994,354

$203,686 $759,169 $5,994,354

$203,686 $759,169 $5,994,354

$203,686 $759,169 $5,994,354

30.1 Defer the FY09 cost of living adjustment.

State General Funds

($94,768)

($94,768)

($94,768)

($94,768)

30.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($463)

($463)

($463)

($463)

30.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($75,031)

($80,557)

($80,557)

($80,557)

30.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($24,906)

($24,906)

($24,906)

($24,906)

30.5 Reduce funds designated for a marketing study.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

30.6 Reduce funds designated for information technology contractors and perform the work with internal staff.

State General Funds

($143,997)

($143,997)

($143,997)

($143,997)

30.7 Reduce funds from operations.

State General Funds

($63,549)

($63,549)

($63,549)

($63,549)

30.8 Reduce funds by eliminating an accounting manager, a secretary, and a chief information officer.

State General Funds

($184,468)

($184,468)

($184,468)

($184,468)

30.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($48,268)

$0

$0

30.10 Replace funds with purchasing card rebates from the State Purchasing program.

State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

($1,235,700) $1,235,700
$0

($1,235,700) $1,235,700
$0

30.100 -Departmental Administration

Appropriation (HB 118)

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$2,711,256

$2,657,462

State General Funds

$2,711,256

$2,657,462

TOTAL AGENCY FUNDS

$1,400,524

$1,400,524

Interest and Investment Income

$62,121

$62,121

$1,470,030 $1,470,030 $2,636,224
$62,121

$1,470,030 $1,470,030 $2,636,224
$62,121

MONDAY, MARCH 9, 2009

1447

Interest and Investment Income 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 Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments
TOTAL PUBLIC FUNDS

$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 $5,347,172

$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 $5,293,378

$62,121 $1,235,700 $1,235,700
$35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,341,646

$62,121 $1,235,700 $1,235,700
$35,708 $35,708 $1,302,695 $1,302,695 $1,235,392 $1,235,392 $21,818 $250,719 $203,686 $759,169 $5,341,646

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
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized 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

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699
$91,439 $91,439 $91,439 $3,092,079

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699
$91,439 $91,439 $91,439 $3,092,079

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699
$91,439 $91,439 $91,439 $3,092,079

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699 $91,439 $91,439
$91,439 $3,092,079

31.1 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($106,176)

($106,176)

($106,176)

($106,176)

31.2 Reduce funds due to excessive rent allocations.

State General Funds

($40,657)

($40,657)

($40,657)

($40,657)

31.3 Reduce funds due to excessive freight expenses.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

31.4 Reduce funds from personnel.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

1448

JOURNAL OF THE HOUSE

31.5 Reduce funds designated for a consultant assessment of the current fleet operations management information system.

State General Funds

($275,343)

($275,343)

31.100 -Fleet Management

Appropriation (HB 118)

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

$1,148,167

$1,148,167

$872,824

$872,824

State General Funds

$1,148,167

$1,148,167

$872,824

$872,824

TOTAL AGENCY FUNDS

$1,295,640

$1,295,640

$1,295,640

$1,295,640

Reserved Fund Balances

$719,941

$719,941

$719,941

$719,941

Reserved Fund Balances Not Itemized

$719,941

$719,941

$719,941

$719,941

Rebates, Refunds, and Reimbursements

$575,699

$575,699

$575,699

$575,699

Rebates, Refunds, and Reimbursements Not Itemized

$575,699

$575,699

$575,699

$575,699

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$91,439

$91,439

$91,439

$91,439

State Funds Transfers

$91,439

$91,439

$91,439

$91,439

Motor Vehicle Rental Payments

$91,439

$91,439

$91,439

$91,439

TOTAL PUBLIC FUNDS

$2,535,246

$2,535,246

$2,259,903

$2,259,903

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 $1,130,155 $1,130,155 $1,130,155 $1,130,155

$0 $0 $1,130,155 $1,130,155 $1,130,155 $1,130,155

$0 $0 $1,130,155 $1,130,155 $1,130,155 $1,130,155

$0 $0 $1,130,155 $1,130,155 $1,130,155 $1,130,155

32.1 Reduce funds by eliminating one clerk position. Mail and Courier Services 32.2 Reduce funds from operations. Mail and Courier Services 32.3 Reduce funds designated for vehicle expenses. Mail and Courier Services

($31,186) ($2,300)
($17,000)

($31,186) ($2,300)
($17,000)

($31,186) ($2,300)
($17,000)

($31,186) ($2,300)
($17,000)

32.100 -Mail and Courier

Appropriation (HB 118)

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.

MONDAY, MARCH 9, 2009

1449

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services
TOTAL PUBLIC FUNDS

$1,079,669 $1,079,669 $1,079,669 $1,079,669

$1,079,669 $1,079,669 $1,079,669 $1,079,669

$1,079,669 $1,079,669 $1,079,669 $1,079,669

$1,079,669 $1,079,669 $1,079,669 $1,079,669

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 Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757

33.1 Reduce funds by restricting travel, postponing computer upgrades, discontinuing subscriptions, and suspending participation in conferences and training.

Agency to Agency Contracts Liability Funds TOTAL PUBLIC FUNDS

($51,100) ($9,200)
($60,300)

($51,100) ($9,200)
($60,300)

($51,100) ($9,200)
($60,300)

($51,100) ($9,200)
($60,300)

33.2 Reduce funds due to a teachers' premium refund.

Property Insurance Funds

($56,200)

($56,200)

($56,200)

($56,200)

33.3 Reduce funds from consulting services that are unnecessary or can be performed internally.

Liability Funds Workers Compensation Funds TOTAL PUBLIC FUNDS

($126,000) ($131,200) ($257,200)

($126,000) ($131,200) ($257,200)

($126,000) ($131,200) ($257,200)

($126,000) ($131,200) ($257,200)

33.4 Reduce funds and eliminate duplicative or unnecessary positions.

Agency to Agency Contracts Property Insurance Funds Workers Compensation Funds TOTAL PUBLIC FUNDS

($81,473) ($262,985) ($46,000) ($390,458)

($81,473) ($262,985) ($46,000) ($390,458)

($81,473) ($262,985) ($46,000) ($390,458)

($81,473) ($262,985) ($46,000) ($390,458)

33.5 Reduce funds due to a broker fee refund.

Agency to Agency Contracts

($157,000)

($157,000)

($157,000)

($157,000)

1450

JOURNAL OF THE HOUSE

33.100 -Risk Management

Appropriation (HB 118)

The purpose of this appropriation is for cost minimization and fair treatment of citizens through effective claims management.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$128,959,599 $128,959,599 $128,959,599

State Funds Transfers

$128,959,599 $128,959,599 $128,959,599

Agency to Agency Contracts

$688,850

$688,850

$688,850

Liability Funds

$49,111,814 $49,111,814 $49,111,814

Property Insurance Funds

$20,369,650 $20,369,650 $20,369,650

Unemployment Compensation Funds

$8,060,300

$8,060,300

$8,060,300

Workers Compensation Funds

$50,728,985 $50,728,985 $50,728,985

TOTAL PUBLIC FUNDS

$128,959,599 $128,959,599 $128,959,599

$128,959,599 $128,959,599
$688,850 $49,111,814 $20,369,650 $8,060,300 $50,728,985 $128,959,599

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 Reserved Fund Balances Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

34.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($78,094)

($83,846)

($83,846)

($83,846)

34.2 Reduce funds and utilize reserves.

State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

($4,046,193)

($4,046,193)

($4,157,825) $4,157,825
$0

($4,157,825) $4,157,825
$0

34.3 Transfer surplus property reserves from the Surplus Property program and purchasing card rebates to the Departmental Administration program.

Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($1,235,700) $1,266,324
$30,624

($1,235,700) $1,266,324
$30,624

MONDAY, MARCH 9, 2009

1451

34.100 -State Purchasing

Appropriation (HB 118)

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

$117,384

$111,632

State General Funds

$117,384

$111,632

TOTAL AGENCY FUNDS

$10,729,801 $10,729,801 $14,918,250 $14,918,250

Reserved Fund Balances

$4,165,501

$4,165,501

$4,165,501

$4,165,501

Reserved Fund Balances Not Itemized

$4,165,501

$4,165,501

$4,165,501

$4,165,501

Rebates, Refunds, and Reimbursements

$6,564,300

$6,564,300

$9,486,425

$9,486,425

Rebates, Refunds, and Reimbursements Not Itemized

$6,564,300

$6,564,300

$9,486,425

$9,486,425

Sales and Services

$1,266,324

$1,266,324

Sales and Services Not Itemized

$1,266,324

$1,266,324

TOTAL PUBLIC FUNDS

$10,847,185 $10,841,433 $14,918,250 $14,918,250

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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

35.1 Reduce funds due to the closing of facilities in Americus, Swainsboro and Tucker and eliminate positions.

Sales and Services Not Itemized

($1,767,882) ($1,767,882)

35.2 Transfer funds designated for vehicle purchases in HB990 (FY09G) to the State Purchasing program.

Reserved Fund Balances Not Itemized

($1,767,882) ($1,266,324)

($1,767,882) ($1,266,324)

35.100 -Surplus Property

Appropriation (HB 118)

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

$2,889,259

$2,889,259

$1,622,935

$1,622,935

Reserved Fund Balances

$1,948,640

$1,948,640

$682,316

$682,316

Reserved Fund Balances Not Itemized

$1,948,640

$1,948,640

$682,316

$682,316

Sales and Services

$940,619

$940,619

$940,619

$940,619

1452

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$940,619 $2,889,259

$940,619 $2,889,259

$940,619 $1,622,935

$940,619 $1,622,935

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

$0 $0 $90,506 $90,506 $90,506 $90,506

$0 $0 $90,506 $90,506 $90,506 $90,506

$0 $0 $90,506 $90,506 $90,506 $90,506

$0 $0 $90,506 $90,506 $90,506 $90,506

36.100 -U.S. Post Office

Appropriation (HB 118)

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

$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

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

37.1 Defer the FY09 cost of living adjustment.

State General Funds

($39,203)

($39,203)

($39,203)

($39,203)

37.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($201,838)

($216,704)

($216,704)

($216,704)

37.3 Reduce funds from operations.

State General Funds

($341,324)

($341,324)

($341,324)

($341,324)

37.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($29,945)

$0

$0

MONDAY, MARCH 9, 2009

1453

37.100 -Administrative Hearings, Office of State

Appropriation (HB 118)

The purpose of this appropriation is to provide an impartial, independent forum for resolving disputes between the public and state agencies.

TOTAL STATE FUNDS

$2,994,482

$2,949,671

$2,979,616

$2,979,616

State General Funds

$2,994,482

$2,949,671

$2,979,616

$2,979,616

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

$3,603,166

$3,558,355

$3,588,300

$3,588,300

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

38.1 Reduce funds from contracts. State General Funds 38.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($6,047)

($6,047) ($544)

($6,047) ($544)

($6,047) ($544)

38.100 -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 118)

$54,426 $54,426 $54,426

$53,882 $53,882 $53,882

$53,882 $53,882 $53,882

$53,882 $53,882 $53,882

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
TOTAL PUBLIC FUNDS

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

39.100 -Treasury and Fiscal Services, Office of

Appropriation (HB 118)

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.

1454

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized
TOTAL PUBLIC FUNDS

$3,290,117 $3,290,117 $3,290,117 $3,290,117

$3,290,117 $3,290,117 $3,290,117 $3,290,117

$3,290,117 $3,290,117 $3,290,117 $3,290,117

$3,290,117 $3,290,117 $3,290,117 $3,290,117

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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$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

$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

$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

$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

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

$41,427,294 $41,100,520

$41,427,294 $41,100,520

$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

$180,000

$180,000

$180,000

$180,000

$53,041,304 $52,714,530

$41,348,665 $41,348,665 $8,049,321 $8,049,321 $3,384,689
$663,868 $100,000 $2,620,821 $180,000 $180,000 $52,962,675

$41,298,665 $41,298,665 $8,049,321 $8,049,321 $3,384,689
$663,868 $100,000 $2,620,821 $180,000 $180,000 $52,912,675

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

$3,775,613 $3,775,613 $3,775,613

$3,775,613 $3,775,613 $3,775,613

$3,775,613 $3,775,613 $3,775,613

$3,775,613 $3,775,613 $3,775,613

MONDAY, MARCH 9, 2009

1455

40.1 Reduce funds from the contract with the Board of Regents for the Athens and Tifton Veterinary Laboratories.

State General Funds

($302,049)

($302,049)

($302,049)

($302,049)

40.100 -Athens and Tifton Veterinary Laboratories

Appropriation (HB 118)

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

$3,473,564

$3,473,564

$3,473,564

$3,473,564

State General Funds

$3,473,564

$3,473,564

$3,473,564

$3,473,564

TOTAL PUBLIC FUNDS

$3,473,564

$3,473,564

$3,473,564

$3,473,564

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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$24,393,914 $24,393,914 $7,199,221 $7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

$24,393,914 $24,393,914 $7,199,221
$7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

$24,393,914 $24,393,914
$7,199,221 $7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

$24,393,914 $24,393,914 $7,199,221
$7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

41.1 Defer the FY09 cost of living adjustment.

State General Funds

($346,718)

($346,718)

($346,718)

($346,718)

41.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,227,812) ($1,313,036) ($1,313,036) ($1,313,036)

41.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$55,250

$55,250

$55,250

$55,250

41.4 Reduce funds from operations.

State General Funds

($972,833)

($972,833)

($972,833)

($972,833)

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JOURNAL OF THE HOUSE

41.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($108,145)

$0

$0

41.6 Increase funds for one food safety specialist and three food safety inspectors. (S:Increase funds to fill two vacant food safety inspectors and for two vehicles)

State General Funds

$40,000

$40,000

41.100 -Consumer Protection

Appropriation (HB 118)

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

$21,901,801 $21,708,432 $21,856,577 $21,856,577

State General Funds

$21,901,801 $21,708,432 $21,856,577 $21,856,577

TOTAL FEDERAL FUNDS

$7,199,221

$7,199,221

$7,199,221

$7,199,221

Federal Funds Not Itemized

$7,199,221

$7,199,221

$7,199,221

$7,199,221

TOTAL AGENCY FUNDS

$1,685,000

$1,685,000

$1,685,000

$1,685,000

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

$1,585,000

$1,585,000

$1,585,000

$1,585,000

Sales and Services Not Itemized

$1,585,000

$1,585,000

$1,585,000

$1,585,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$150,000

$150,000

$150,000

$150,000

Agency Funds Transfers

$150,000

$150,000

$150,000

$150,000

Agency Fund Transfers Not Itemized

$150,000

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$30,936,022 $30,742,653 $30,890,798 $30,890,798

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

$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995

$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995

$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995

$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995

42.1 Defer the FY09 cost of living adjustment. State General Funds

($44,054)

($44,054)

($44,054)

($44,054)

MONDAY, MARCH 9, 2009

1457

42.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($249,376)

($266,686)

($266,686)

($266,686)

42.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$37,859

$37,859

$37,859

$37,859

42.4 Reduce funds from operations.

State General Funds

($868,084)

($868,084)

($868,084)

($868,084)

42.5 Reduce funds by eliminating one filled and two vacant positions.

State General Funds

($131,619)

($131,619)

($131,619)

($131,619)

42.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($100,000)

($100,000)

($100,000)

42.100 -Departmental Administration

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$5,316,500

$5,199,190

State General Funds

$5,316,500

$5,199,190

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

$5,644,721

$5,527,411

$5,199,190 $5,199,190
$69,500 $69,500 $258,721 $258,721 $258,721 $5,527,411

$5,199,190 $5,199,190
$69,500 $69,500 $258,721 $258,721 $258,721 $5,527,411

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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000

1458

JOURNAL OF THE HOUSE

Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS

$30,000 $10,591,356

$30,000 $10,591,356

$30,000 $10,591,356

$30,000 $10,591,356

43.1 Defer the FY09 cost of living adjustment.

State General Funds

($40,459)

($40,459)

($40,459)

($40,459)

43.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($231,883)

($247,978)

($247,978)

($247,978)

43.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$19,252

$19,252

$19,252

$19,252

43.4 Reduce funds from operations.

State General Funds

($699,692)

($699,692)

($699,692)

($699,692)

43.5 Increase funds for marketing in emerging international markets.

State General Funds

$50,000

$0

43.100 -Marketing and Promotion

Appropriation (HB 118)

The purpose of this appropriation is to expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

TOTAL STATE FUNDS

$7,387,006

$7,370,911

$7,420,911

$7,370,911

State General Funds

$7,387,006

$7,370,911

$7,420,911

$7,370,911

TOTAL FEDERAL FUNDS

$780,600

$780,600

$780,600

$780,600

Federal Funds Not Itemized

$780,600

$780,600

$780,600

$780,600

TOTAL AGENCY FUNDS

$1,440,968

$1,440,968

$1,440,968

$1,440,968

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

$777,100

$777,100

$777,100

$777,100

Sales and Services Not Itemized

$777,100

$777,100

$777,100

$777,100

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$30,000

$30,000

$30,000

$30,000

Agency Funds Transfers

$30,000

$30,000

$30,000

$30,000

Agency Fund Transfers Not Itemized

$30,000

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$9,638,574

$9,622,479

$9,672,479

$9,622,479

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

$3,638,336 $3,638,336 $3,638,336

$3,638,336 $3,638,336 $3,638,336

$3,638,336 $3,638,336 $3,638,336

$3,638,336 $3,638,336 $3,638,336

MONDAY, MARCH 9, 2009

1459

44.1 Defer the FY09 cost of living adjustment.

State General Funds

($76,184)

44.2 Reduce funds from operations. (H and S:Restore funds for the Oakwood Lab)

State General Funds

($213,729)

($76,184) ($213,729)

($76,184) ($163,729)

($76,184) ($163,729)

44.100 -Poultry Veterinary Diagnostic Labs

Appropriation (HB 118)

The purpose of this appropriation is to provide poultry disease diagnostic and monitoring services with emphasis on Avian Influenza.

TOTAL STATE FUNDS

$3,348,423

$3,348,423

$3,398,423

State General Funds

$3,348,423

$3,348,423

$3,398,423

TOTAL PUBLIC FUNDS

$3,348,423

$3,348,423

$3,398,423

$3,398,423 $3,398,423 $3,398,423

Section 14: Banking and Finance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$12,898,273 $12,898,273 $12,898,273

$12,898,273 $12,898,273 $12,898,273

$12,898,273 $12,898,273 $12,898,273

$12,898,273 $12,898,273 $12,898,273

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $11,815,447 $11,766,470 $11,815,447 $11,766,470 $11,815,447 $11,766,470

$11,766,470 $11,766,470 $11,766,470

$11,862,931 $11,862,931 $11,862,931

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

$550,974 $550,974 $550,974

$550,974 $550,974 $550,974

$550,974 $550,974 $550,974

$550,974 $550,974 $550,974

45.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,555)

($6,555)

($6,555)

($6,555)

45.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($30,587)

($32,840)

($32,840)

($32,840)

45.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$648

$648

$648

$648

1460

JOURNAL OF THE HOUSE

45.4 Transfer funds from the Consumer Protection and Assistance program for expenses that are considered to be a higher priority to the agency.

State General Funds

$11,000

$11,000

$11,000

$11,000

45.100 -Chartering, Licensing and Applications/Non-Mortgage Entities

Appropriation (HB 118)

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

$525,480

$523,227

$523,227

$523,227

State General Funds

$525,480

$523,227

$523,227

$523,227

TOTAL PUBLIC FUNDS

$525,480

$523,227

$523,227

$523,227

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

$660,553 $660,553 $660,553

$660,553 $660,553 $660,553

$660,553 $660,553 $660,553

$660,553 $660,553 $660,553

46.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,872)

($6,872)

($6,872)

($6,872)

46.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,603

$1,603

$1,603

$1,603

46.3 Reduce funds designated for two consumer and legal affairs specialists and one administrative assistant position and transfer one legal and consumer affairs specialist to the Financial Supervision program. (S:Restore consumer protection operations for the final quarter of the fiscal year)

State General Funds

($219,224)

($219,224)

($219,224)

($164,418)

46.4 Transfer funds to the Chartering, Licensing and Applications/Non-Mortgage Entities, Departmental Administration, Financial Institution Supervision, and Mortgage Supervision programs for expenses that are considered to be a higher priority to the agency. (S:Restore consumer protection operations for the final quarter of the fiscal year)

State General Funds

($166,621)

($166,621)

($166,621)

($124,966)

46.100 -Consumer Protection and Assistance

Appropriation (HB 118)

The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities.

TOTAL STATE FUNDS

$269,439

$269,439

$269,439

State General Funds

$269,439

$269,439

$269,439

TOTAL PUBLIC FUNDS

$269,439

$269,439

$269,439

$365,900 $365,900 $365,900

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all department programs.

MONDAY, MARCH 9, 2009

1461

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,089,102 $2,089,102 $2,089,102

$2,089,102 $2,089,102 $2,089,102

$2,089,102 $2,089,102 $2,089,102

$2,089,102 $2,089,102 $2,089,102

47.1 Defer the FY09 cost of living adjustment.

State General Funds

($21,808)

($21,808)

($21,808)

($21,808)

47.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($112,376)

($120,653)

($120,653)

($120,653)

47.3 Reduce funds by not filling a district information systems specialist position.

State General Funds

($101,363)

($101,363)

($101,363)

($101,363)

47.4 Transfer funds from the Consumer Protection and Assistance program for expenses that are considered to be a higher priority to the agency.

State General Funds

$16,745

$16,745

$16,745

$16,745

47.100 -Departmental Administration

Appropriation (HB 118)

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$1,870,300

$1,862,023

State General Funds

$1,870,300

$1,862,023

TOTAL PUBLIC FUNDS

$1,870,300

$1,862,023

$1,862,023 $1,862,023 $1,862,023

$1,862,023 $1,862,023 $1,862,023

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

$7,757,393 $7,757,393 $7,757,393

$7,757,393 $7,757,393 $7,757,393

$7,757,393 $7,757,393 $7,757,393

$7,757,393 $7,757,393 $7,757,393

48.1 Defer the FY09 cost of living adjustment.

State General Funds

($87,276)

($87,276)

($87,276)

($87,276)

48.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($422,242)

($453,342)

($453,342)

($453,342)

48.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$43,163

$43,163

$43,163

$43,163

1462

JOURNAL OF THE HOUSE

48.4 Transfer funds from the Consumer Protection and Assistance program for expenses that are considered to be a higher priority to the agency.

State General Funds

$122,876

$122,876

$122,876

$122,876

48.5 Reduce funds from travel.

State General Funds

($1,500)

($1,500)

($1,500)

($1,500)

48.100 -Financial Institution Supervision

Appropriation (HB 118)

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

$7,412,414

$7,381,314

$7,381,314

$7,381,314

State General Funds

$7,412,414

$7,381,314

$7,381,314

$7,381,314

TOTAL PUBLIC FUNDS

$7,412,414

$7,381,314

$7,381,314

$7,381,314

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

$1,840,251 $1,840,251 $1,840,251

$1,840,251 $1,840,251 $1,840,251

$1,840,251 $1,840,251 $1,840,251

$1,840,251 $1,840,251 $1,840,251

49.1 Defer the FY09 cost of living adjustment.

State General Funds

($18,077)

($18,077)

($18,077)

($18,077)

49.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($99,743)

($107,090)

($107,090)

($107,090)

49.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$883

$883

$883

$883

49.4 Transfer funds from the Consumer Protection and Assistance program for expenses that are considered to be a higher priority to the agency.

State General Funds

$16,000

$16,000

$16,000

$16,000

49.5 Reduce funds from travel.

State General Funds

($1,500)

($1,500)

($1,500)

($1,500)

49.100 -Mortgage Supervision

Appropriation (HB 118)

The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices and enforce applicable

laws and regulations.

MONDAY, MARCH 9, 2009

1463

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,737,814 $1,737,814 $1,737,814

$1,730,467 $1,730,467 $1,730,467

$1,730,467 $1,730,467 $1,730,467

$1,730,467 $1,730,467 $1,730,467

Section 15: Community Affairs, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Continuation

$100,549,877 $53,426,544 $47,123,333
$167,079,288 $166,979,288
$100,000 $14,398,524
$3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

$100,549,877 $53,426,544 $47,123,333
$167,079,288 $166,979,288
$100,000 $14,398,524 $3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

$100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288
$100,000 $14,398,524 $3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

$100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288
$100,000 $14,398,524
$3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$36,606,737 $30,285,367

$32,897,591 $26,576,221

$3,709,146

$3,709,146

$167,079,288 $167,079,288

$166,979,288 $166,979,288

$100,000

$100,000

$14,398,524 $14,398,524

$3,475,083

$3,475,083

$8,738,924

$8,738,924

$546,221

$546,221

$1,638,296

$1,638,296

$218,084,549 $211,763,179

$22,788,812 $22,788,812
$167,079,288 $166,979,288
$100,000 $14,550,665 $3,475,083 $8,738,924
$546,221 $1,790,437 $204,418,765

$24,906,101 $24,906,101
$167,079,288 $166,979,288
$100,000 $14,725,665 $3,475,083 $8,913,924
$546,221 $1,790,437 $206,711,054

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

$314,573 $314,573 $239,704 $239,704

$314,573 $314,573 $239,704 $239,704

$314,573 $314,573 $239,704 $239,704

$314,573 $314,573 $239,704 $239,704

1464

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$239,704 $554,277

$239,704 $554,277

$239,704 $554,277

$239,704 $554,277

50.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,428)

($3,428)

($3,428)

($3,428)

50.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($16,215)

($17,409)

($17,409)

($17,409)

50.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$630

$630

$630

$630

50.4 Reduce funds for one consultant position and fund with existing agency funds.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($56,641)

($56,641)

($56,641) $56,641
$0

($56,641) $56,641
$0

50.5 Reduce funds from contracts for training on Georgia's construction codes for building inspectors and builders.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

50.100 -Building Construction

Appropriation (HB 118)

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

$208,919

$207,725

$207,725

$207,725

State General Funds

$208,919

$207,725

$207,725

$207,725

TOTAL AGENCY FUNDS

$239,704

$239,704

$296,345

$296,345

Sales and Services

$239,704

$239,704

$296,345

$296,345

Sales and Services Not Itemized

$239,704

$239,704

$296,345

$296,345

TOTAL PUBLIC FUNDS

$448,623

$447,429

$504,070

$504,070

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

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

MONDAY, MARCH 9, 2009

1465

51.1 Defer the FY09 cost of living adjustment.

State General Funds

($20,741)

($20,741)

($20,741)

($20,741)

51.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($97,081)

($100,334)

($100,334)

($100,334)

51.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,936

$1,936

$1,936

$1,936

51.4 Reduce funds from the development and maintenance of the Georgia Comprehensive Plan Builder.

State General Funds

($59,071)

($59,071)

($59,071)

($59,071)

51.5 Reduce funds from contracts for the Coastal Comprehensive Plan.

State General Funds

($18,000)

($18,000)

($18,000)

($18,000)

51.6 Reduce funds by eliminating two vacant planner positions.

State General Funds

($116,755)

($116,755)

($116,755)

($116,755)

51.7 Reduce funds from contracts with the Regional Development Centers.

State General Funds

($99,785)

($99,785)

($99,785)

($99,785)

51.100 -Coordinated Planning

Appropriation (HB 118)

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

$3,440,750

$3,437,497

$3,437,497

$3,437,497

State General Funds

$3,440,750

$3,437,497

$3,437,497

$3,437,497

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

$3,491,668

$3,488,415

$3,488,415

$3,488,415

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

$2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273

$2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273

$2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273

$2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273

1466

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,371,273 $272,237 $272,237
$5,571,760

$1,371,273 $272,237 $272,237
$5,571,760

$1,371,273 $272,237 $272,237
$5,571,760

$1,371,273 $272,237 $272,237
$5,571,760

52.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,441)

($17,441)

($17,441)

($17,441)

52.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($1,886)

($1,886)

($1,886)

($1,886)

52.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($91,661)

($98,413)

($98,413)

($98,413)

52.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$37,841

$37,841

$37,841

$37,841

52.5 Reduce funds from two positions and fund with fees received from local and state authorities for administering the Georgia Allocation System.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($95,500)

($95,500)

($95,500) $95,500
$0

($95,500) $95,500
$0

52.6 Reduce funds from temporary positions.

State General Funds

($15,000)

($15,000)

($15,000)

($15,000)

52.7 Reduce funds from personnel.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

52.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($211,748)

($211,748)

($211,748)

52.100 -Departmental Administration

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$1,849,710

$1,631,210

State General Funds

$1,849,710

$1,631,210

TOTAL FEDERAL FUNDS

$1,611,802

$1,611,802

Federal Funds Not Itemized

$1,611,802

$1,611,802

TOTAL AGENCY FUNDS

$1,726,601

$1,726,601

Reserved Fund Balances

$83,091

$83,091

Reserved Fund Balances Not Itemized

$83,091

$83,091

Intergovernmental Transfers

$1,371,273

$1,371,273

$1,631,210 $1,631,210 $1,611,802 $1,611,802 $1,822,101
$83,091 $83,091 $1,371,273

$1,631,210 $1,631,210 $1,611,802 $1,611,802 $1,822,101
$83,091 $83,091 $1,371,273

MONDAY, MARCH 9, 2009

1467

Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,371,273 $272,237 $272,237
$5,188,113

$1,371,273 $272,237 $272,237
$4,969,613

$1,371,273 $367,737 $367,737
$5,065,113

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925

$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925

$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925

$1,371,273 $367,737 $367,737
$5,065,113
$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925

53.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,328)

($7,328)

($7,328)

($7,328)

53.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($52,020)

($55,851)

($55,851)

($55,851)

53.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,639

$1,639

$1,639

$1,639

53.4 Reduce funds by eliminating one vacant human services program auditor position.

State General Funds

($53,000)

($53,000)

($53,000)

($53,000)

53.5 Reduce funds from contracts for the litter initiative studies.

State General Funds

($54,000)

($54,000)

($54,000)

($54,000)

53.100 -Environmental Education and Assistance

Appropriation (HB 118)

The purpose of this appropriation is to provide technical assistance, resource tools, and public education outreach resources.

TOTAL STATE FUNDS

$893,736

$889,905

$889,905

State General Funds

$893,736

$889,905

$889,905

TOTAL FEDERAL FUNDS

$6,000

$6,000

$6,000

Federal Funds Not Itemized

$6,000

$6,000

$6,000

TOTAL AGENCY FUNDS

$3,380,480

$3,380,480

$3,380,480

Reserved Fund Balances

$3,380,480

$3,380,480

$3,380,480

$889,905 $889,905
$6,000 $6,000 $3,380,480 $3,380,480

1468

JOURNAL OF THE HOUSE

Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

$3,380,480 $4,280,216

$3,380,480 $4,276,385

$3,380,480 $4,276,385

$3,380,480 $4,276,385

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

$2,066,924 $2,066,924 $45,085,410 $45,085,410
$309,587 $243,318 $243,318
$66,269 $66,269 $47,461,921

$2,066,924 $2,066,924 $45,085,410 $45,085,410
$309,587 $243,318 $243,318
$66,269 $66,269 $47,461,921

$2,066,924 $2,066,924 $45,085,410 $45,085,410
$309,587 $243,318 $243,318
$66,269 $66,269 $47,461,921

$2,066,924 $2,066,924 $45,085,410 $45,085,410
$309,587 $243,318 $243,318 $66,269
$66,269 $47,461,921

54.1 Defer the FY09 cost of living adjustment.

State General Funds

($20,467)

($20,467)

($20,467)

($20,467)

54.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($57,134)

($61,342)

($61,342)

($61,342)

54.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,961

$2,961

$2,961

$2,961

54.4 Reduce funds by eliminating one vacant assistant commissioner position.

State General Funds

($167,971)

($167,971)

($167,971)

($167,971)

54.5 Reduce funds from personnel.

State General Funds

($65,000)

($65,000)

($65,000)

($65,000)

54.6 Reduce funds from Hands on Georgia challenge grants.

State General Funds

($50,000)

($50,000)

54.100 -Federal Community and Economic Development Programs

Appropriation (HB 118)

The purpose of this appropriation is to administer incentive programs and education programs as well as provide technical assistance in the area of economic

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

TOTAL STATE FUNDS

$1,759,313

$1,755,105

$1,705,105

$1,705,105

State General Funds

$1,759,313

$1,755,105

$1,705,105

$1,705,105

MONDAY, MARCH 9, 2009

1469

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

$45,085,410 $45,085,410
$309,587 $243,318 $243,318
$66,269 $66,269 $47,154,310

$45,085,410 $45,085,410
$309,587 $243,318 $243,318
$66,269 $66,269 $47,150,102

$45,085,410 $45,085,410
$309,587 $243,318 $243,318
$66,269 $66,269 $47,100,102

$45,085,410 $45,085,410
$309,587 $243,318 $243,318
$66,269 $66,269 $47,100,102

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 FEDERAL FUNDS
Federal Funds Not Itemized TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

$0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

$0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

$0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

55.100 -Homeownership Programs

Appropriation (HB 118)

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 FEDERAL FUNDS

$794,163

$794,163

$794,163

$794,163

Federal Funds Not Itemized

$794,163

$794,163

$794,163

$794,163

TOTAL AGENCY FUNDS

$3,837,828

$3,837,828

$3,837,828

$3,837,828

Intergovernmental Transfers

$3,837,828

$3,837,828

$3,837,828

$3,837,828

Intergovernmental Transfers Not Itemized

$3,837,828

$3,837,828

$3,837,828

$3,837,828

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

$6,000,000 $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

56.1 Reduce funds to reflect the revised revenue estimate. State General Funds

($6,000,000) ($6,000,000) ($6,000,000)

1470

JOURNAL OF THE HOUSE

56.100 -Local Assistance Grants

Appropriation (HB 118)

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

$6,000,000

State General Funds

$6,000,000

TOTAL PUBLIC FUNDS

$6,000,000

Regional Services

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$2,435,333 $2,435,333
$500,000 $500,000 $500,000 $2,935,333

$2,435,333 $2,435,333
$500,000 $500,000 $500,000 $2,935,333

$2,435,333 $2,435,333
$500,000 $500,000 $500,000 $2,935,333

$2,435,333 $2,435,333
$500,000 $500,000 $500,000 $2,935,333

57.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,999)

($17,999)

($17,999)

($17,999)

57.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($109,749)

($117,832)

($117,832)

($117,832)

57.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,810

$1,810

$1,810

$1,810

57.4 Reduce funds from grants for local governments through the Signature Communities program. (H and S:Reduce funds from grants for local governments through the Signature Communities and Communities of Opportunity programs and fund Communities of Opportunity grants through the OneGeorgia Authority)

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

($175,000)

($175,000)

($350,000)

($350,000) $175,000 ($175,000)

57.5 Reduce funds by eliminating one vacant resource coordinator position.

State General Funds

($38,495)

($38,495)

($38,495)

($38,495)

57.6 Reduce one-time funds received in HB990 (FY09G) for the Georgia Rural Water Association Fluoridation program. (H and S:Partially restore funds for the Georgia Rural Water Association)

State General Funds

($100,000)

($100,000)

($50,000)

($50,000)

57.7 Reduce funds from contracts for leadership development.

MONDAY, MARCH 9, 2009

1471

State General Funds

($25,000)

($25,000)

($25,000)

57.8 Reduce funds from operations.

State General Funds

($27,390)

($27,390)

($27,390)

57.9 Reduce funds and transfer two rural economic development positions for the final quarter of FY09 to the OneGeorgia Authority.

State General Funds

($42,490)

($25,000) ($27,390) ($42,490)

57.100 -Regional Services

Appropriation (HB 118)

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

$1,943,510

$1,935,427

$1,767,937

$1,767,937

State General Funds

$1,943,510

$1,935,427

$1,767,937

$1,767,937

TOTAL AGENCY FUNDS

$500,000

$500,000

$500,000

$675,000

Intergovernmental Transfers

$500,000

$500,000

$500,000

$675,000

Intergovernmental Transfers Not Itemized

$500,000

$500,000

$500,000

$675,000

TOTAL PUBLIC FUNDS

$2,443,510

$2,435,427

$2,267,937

$2,442,937

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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

$3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

$3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

$3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

58.1 Reduce funds from the state match for the federal Affordable HOME program.

State General Funds

($346,561)

($346,561)

($346,561)

($346,561)

58.100 -Rental Housing Programs

Appropriation (HB 118)

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

$2,941,268

$2,941,268

$2,941,268

$2,941,268

State General Funds

$2,941,268

$2,941,268

$2,941,268

$2,941,268

1472

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$118,208,730 $118,208,730
$3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,217,094

$118,208,730 $118,208,730
$3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,217,094

$118,208,730 $118,208,730
$3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,217,094

$118,208,730 $118,208,730
$3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,217,094

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$629,847 $629,847
$24,163 $24,163 $24,163 $654,010

$629,847 $629,847
$24,163 $24,163 $24,163 $654,010

$629,847 $629,847
$24,163 $24,163 $24,163 $654,010

$629,847 $629,847
$24,163 $24,163 $24,163 $654,010

59.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,000)

($6,000)

($6,000)

($6,000)

59.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($30,537)

($32,786)

($32,786)

($32,786)

59.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$809

$809

$809

$809

59.4 Reduce funds by eliminating temporary positions.

State General Funds

($17,500)

($17,500)

($17,500)

($17,500)

59.5 Reduce funds from contracts for data collection and database management.

State General Funds

($20,693)

($20,693)

($20,693)

($20,693)

59.6 Reduce funds from operations.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

59.100 -Research and Surveys

Appropriation (HB 118)

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

$530,926

$528,677

$528,677

$528,677

State General Funds

$530,926

$528,677

$528,677

$528,677

MONDAY, MARCH 9, 2009

1473

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$24,163 $24,163 $24,163 $555,089

$24,163 $24,163 $24,163 $552,840

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 FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
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

$3,632,892 $3,632,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

$3,632,892 $3,632,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

$24,163 $24,163 $24,163 $552,840
$3,632,892 $3,632,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

$24,163 $24,163 $24,163 $552,840
$3,632,892 $3,632,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

60.1 Reduce one-time funds received in HB990 (FY09G) for the State Housing Trust Fund for contract caseworkers to assist homeless families in achieving housing stability.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

60.100 -Special Housing Initiatives The purpose of this appropriation is to provide funds for Special Housing Initiatives. 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
Reserved Fund Balances Reserved Fund Balances Not Itemized
Intergovernmental Transfers Intergovernmental Transfers Not Itemized

Appropriation (HB 118)

$3,332,892 $3,332,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949

$3,332,892 $3,332,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949

$3,332,892 $3,332,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949

$3,332,892 $3,332,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949

1474

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$985,005 $985,005 $5,794,954

$985,005 $985,005 $5,794,954

$985,005 $985,005 $5,794,954

$985,005 $985,005 $5,794,954

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

61.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,999)

($11,999)

($11,999)

($11,999)

61.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($64,164)

($68,890)

($68,890)

($68,890)

61.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,424

$2,424

$2,424

$2,424

61.4 Reduce one-time funds received in HB990 (FY09G) for an Emergency Operations Center Facility in Fayette County.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

61.5 Reduce one-time funds received in HB990 (FY09G) for a Americans with Disabilities Act (ADA) compliant regional athletic facility in Hall County.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

61.6 Reduce one-time funds received in HB990 (FY09G) for the City of Porterdale Community Center Gymnasium reconstruction.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

61.7 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Tift County Multipurpose Livestock Building.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

61.8 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Jeff Davis County Multipurpose Livestock Building.

State General Funds

($175,000)

($175,000)

($175,000)

($175,000)

61.9 Reduce funds from the Rural Development Council.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

61.10 Reduce funds from contracts. (S:Reduce funds from operations)

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

MONDAY, MARCH 9, 2009

1475

61.100 -State Community Development Programs

Appropriation (HB 118)

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

$1,241,989

$1,237,263

$1,237,263

$1,237,263

State General Funds

$1,241,989

$1,237,263

$1,237,263

$1,237,263

TOTAL FEDERAL FUNDS

$5,000

$5,000

$5,000

$5,000

Federal Funds Not Itemized

$5,000

$5,000

$5,000

$5,000

TOTAL PUBLIC FUNDS

$1,246,989

$1,242,263

$1,242,263

$1,242,263

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

$8,939,055 $8,939,055
$13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323

$8,939,055 $8,939,055
$13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323

$8,939,055 $8,939,055
$13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323

$8,939,055 $8,939,055
$13,587 $13,587 $154,681 $154,681 $154,681 $9,107,323

62.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,063)

($1,063)

($1,063)

($1,063)

62.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($3,897)

($3,897)

($3,897)

($3,897)

62.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,015

$1,015

$1,015

$1,015

62.4 Eliminate funds for the Georgia Cities grant due to the completion of the state's commitment to provide a dollar for dollar match with a private foundation.

State General Funds

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

62.5 Reduce funds from the Life Sciences Facilities Fund (LSFF). (S:Eliminate the LSFF and transfer remaining reserves ($10,342,260) to the REBA program)

State General Funds

($4,403,282) ($4,403,282) ($4,403,282) ($4,403,282)

62.6 Reduce funds from the Regional Economic Business Assistance (REBA) program.

State General Funds

($2,917,289) ($1,000,000)

1476

JOURNAL OF THE HOUSE

62.100 -State Economic Development Program

Appropriation (HB 118)

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

$3,031,828

$3,031,828

$114,539

$2,031,828

State General Funds

$3,031,828

$3,031,828

$114,539

$2,031,828

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

$3,200,096

$3,200,096

$282,807

$2,200,096

Payments to Georgia Environmental Facilities Authority

Continuation Budget

The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,725,014 $11,725,014 $11,725,014

$11,725,014 $11,725,014 $11,725,014

$11,725,014 $11,725,014 $11,725,014

$11,725,014 $11,725,014 $11,725,014

63.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($22,384)

($24,033)

($24,033)

($24,033)

63.2 Reduce funds from water and sewer infrastructure grants.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

63.3 Reduce funds from the Land Conservation program.

State General Funds

($10,000,000) ($10,000,000) ($10,000,000) ($10,000,000)

63.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($16,026)

($16,026)

($16,026)

63.5 Reduce funds from the State Energy Strategy ($477,616), dues for the Southern States Energy Board ($35,782), and one position to coordinate energy savings programs added in HB990 (FY09G) ($139,232). (S:Restore $200,000 for the State Energy Strategy)

State General Funds

($652,630)

($452,630)

63.100 -Payments to Georgia Environmental Facilities Authority

Appropriation (HB 118)

The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

TOTAL STATE FUNDS

$1,602,630

$1,584,955

$932,325

State General Funds

$1,602,630

$1,584,955

$932,325

TOTAL PUBLIC FUNDS

$1,602,630

$1,584,955

$932,325

$1,132,325 $1,132,325 $1,132,325

MONDAY, MARCH 9, 2009

1477

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

$4,857,300 $4,857,300 $4,857,300

$4,857,300 $4,857,300 $4,857,300

$4,857,300 $4,857,300 $4,857,300

$4,857,300 $4,857,300 $4,857,300

64.1 Defer the FY09 cost of living adjustment.

State General Funds

($52,736)

($52,736)

($52,736)

($52,736)

64.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($223,340)

($239,790)

($239,790)

($239,790)

64.3 Reduce funds from operations and utilize existing agency funds.

State General Funds

($461,104)

($461,104)

($461,104)

($461,104)

64.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($41,201)

($41,201)

($41,201)

64.100 -Payments to Georgia Regional Transportation Authority

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$4,120,120

$4,062,469

State General Funds

$4,120,120

$4,062,469

TOTAL PUBLIC FUNDS

$4,120,120

$4,062,469

$4,062,469 $4,062,469 $4,062,469

$4,062,469 $4,062,469 $4,062,469

Payments to OneGeorgia Authority

Continuation Budget

The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL PUBLIC FUNDS

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

$47,123,333 $0
$47,123,333 $47,123,333

$47,123,333 $0
$47,123,333 $47,123,333

$47,123,333 $0
$47,123,333 $47,123,333

65.1 Reduce funds from grant programs and utilize existing agency funds. (S:Utilize reserves to fund Georgia Centers of Innovation at current levels)

Tobacco Settlement Funds

($43,414,187) ($43,414,187) ($47,123,333) ($47,123,333)

65.2 Transfer funds for implementation grants for the Communities of Opportunity program to the Department of Community Affairs using existing funds. (S:YES)

Tobacco Settlement Funds

$0

1478

JOURNAL OF THE HOUSE

65.3 Transfer funds and two rural economic development positions from the Department of Community Affairs for the final quarter of FY09 and fund with existing funds. (S:YES)

Tobacco Settlement Funds

$0

65.100 -Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS
Tobacco Settlement Funds TOTAL PUBLIC FUNDS

Appropriation (HB 118)

$3,709,146 $3,709,146 $3,709,146

$3,709,146 $3,709,146 $3,709,146

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

$2,514,291,820 $2,514,291,820 $2,514,291,820 $2,514,291,820

$2,452,718,164 $2,452,718,164 $2,452,718,164 $2,452,718,164

$61,573,656 $61,573,656 $61,573,656 $61,573,656

$5,556,721,455 $5,556,721,455 $5,556,721,455 $5,556,721,455

$5,238,720,909 $5,238,720,909 $5,238,720,909 $5,238,720,909

$318,000,546 $318,000,546 $318,000,546 $318,000,546

$451,836,140 $451,836,140 $451,836,140 $451,836,140

$235,246,152 $235,246,152 $235,246,152 $235,246,152

$214,057,828 $214,057,828 $214,057,828 $214,057,828

$2,532,160

$2,532,160

$2,532,160

$2,532,160

$2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440

$2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440

$11,500,417,855 $11,500,417,855 $11,500,417,855 $11,500,417,855

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$2,350,221,089 $1,923,419,840 $1,930,530,487 $1,930,530,487

$2,239,450,913 $1,812,649,664 $1,816,051,165 $1,816,201,165

$110,770,176 $110,770,176 $114,479,322 $114,329,322

$5,410,929,954 $5,835,887,731 $5,835,706,444 $5,835,706,444

$5,157,891,139 $5,582,848,916 $5,582,667,629 $5,582,667,629

$253,038,815 $253,038,815 $253,038,815 $253,038,815

$530,528,872 $530,528,872 $466,656,454 $466,656,454

$313,938,884 $313,938,884 $250,066,466 $250,066,466

$214,057,828 $214,057,828 $214,057,828 $214,057,828

$2,532,160

$2,532,160

$2,532,160

$2,532,160

$2,737,086,112 $2,609,495,852 $2,609,218,632 $2,489,142,227

$2,737,086,112 $2,609,495,852 $2,609,218,632 $2,489,142,227

$11,028,766,027 $10,899,332,295 $10,842,112,017 $10,722,035,612

MONDAY, MARCH 9, 2009

1479

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

$2,394,849 $2,394,849 $2,394,849

$2,394,849 $2,394,849 $2,394,849

$2,394,849 $2,394,849 $2,394,849

$2,394,849 $2,394,849 $2,394,849

66.1 Defer the FY09 cost of living adjustment.

State General Funds

($25,270)

($25,270)

($25,270)

($25,270)

66.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($282)

($282)

($282)

($282)

66.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($117,851)

($126,531)

($126,531)

($126,531)

66.4 Reduce funds from case reviews and medical peer reviews.

State General Funds

($64,000)

($64,000)

($64,000)

($64,000)

66.5 Reduce funds from operations.

State General Funds

($60,821)

($60,821)

($60,821)

($60,821)

66.6 Reduce funds from hearing-related expenses.

State General Funds

($57,000)

($57,000)

($57,000)

($57,000)

66.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($20,696)

($20,696)

($20,696)

66.100 -Composite Board of Medical Examiners

Appropriation (HB 118)

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

$2,069,625

$2,040,249

$2,040,249

$2,040,249

State General Funds

$2,069,625

$2,040,249

$2,040,249

$2,040,249

TOTAL PUBLIC FUNDS

$2,069,625

$2,040,249

$2,040,249

$2,040,249

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

$106,922,412 $106,922,412 $302,341,919 $279,187,884
$23,154,035

$106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035

$106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035

$106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035

1480

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973

$232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973

$232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973

$232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973

67.1 Defer the FY09 cost of living adjustment.

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

($224,411) ($197,775) ($87,814) ($510,000)

($224,411) ($197,775) ($87,814) ($510,000)

($224,411) ($197,775) ($87,814) ($510,000)

($224,411) ($197,775) ($87,814) ($510,000)

67.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

($780,734) ($761,692) ($361,804) ($1,904,230)

($838,238) ($761,692) ($84,584) ($1,684,514)

($838,238) ($761,692) ($361,804) ($1,961,734)

($838,238) ($761,692) ($361,804) ($1,961,734)

67.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$57,047

$57,047

$57,047

$57,047

67.4 Reduce funds from under-utilized contracts.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($10,193,410) ($12,495,099) ($22,688,509)

($10,193,410) ($12,495,099) ($22,688,509)

($10,193,410) ($12,495,099) ($22,688,509)

($10,193,410) ($12,495,099) ($22,688,509)

67.5 Reduce funds by not filling vacant positions.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,064,215) ($1,064,215) ($2,128,430)

($1,064,215) ($1,064,215) ($2,128,430)

($1,064,215) ($1,064,215) ($2,128,430)

($1,064,215) ($1,064,215) ($2,128,430)

67.6 Reduce funds from operations.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,389,180) ($1,389,180) ($2,778,360)

($1,389,180) ($1,389,180) ($2,778,360)

($1,389,180) ($1,389,180) ($2,778,360)

($1,389,180) ($1,389,180) ($2,778,360)

67.7 Reduce funds received in HB990 (FY09G) for the Health Information Exchange (HIE) contract. (H and S:Continue the implementation of the HIE pilot program)

State General Funds

($500,000)

($500,000)

$0

$0

MONDAY, MARCH 9, 2009

1481

67.8 Reduce funds to reflect the revised revenue estimate. State General Funds

($1,243,141)

$0

$0

67.100 -Departmental Administration and Program Support

Appropriation (HB 118)

The purpose of this appropriation is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS

$92,827,509 $91,526,864 $93,270,005

State General Funds

$92,827,509 $91,526,864 $93,270,005

TOTAL FEDERAL FUNDS

$286,433,958 $286,433,958 $286,433,958

Medical Assistance Program CFDA93.778

$263,279,923 $263,279,923 $263,279,923

State Children's Insurance Program CFDA93.767

$23,154,035 $23,154,035 $23,154,035

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

$21,863,864 $22,141,084 $21,863,864

State Funds Transfers

$21,863,864 $22,141,084 $21,863,864

Health Insurance Payments

$21,863,864 $22,141,084 $21,863,864

TOTAL PUBLIC FUNDS

$401,357,491 $400,334,066 $401,799,987

$93,270,005 $93,270,005 $286,433,958 $263,279,923 $23,154,035
$232,160 $232,160 $232,160 $21,863,864 $21,863,864 $21,863,864 $401,799,987

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

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

68.1 Defer the FY09 cost of living adjustment.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($6,488) ($65)
($6,553)

($6,488) ($65)
($6,553)

($6,488) ($65)
($6,553)

($6,488) ($65)
($6,553)

68.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

1482

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($158,409) ($1,625)
($160,034)

($170,077) ($1,625)
($171,702)

($170,077) ($1,625)
($171,702)

($170,077) ($1,625)
($171,702)

68.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$117

$117

$117

$117

68.4 Reduce funds from the Office of Rural Health Community Service grants.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

68.5 Reduce funds received in HB990 (FY09G) for the Southeastern Firefighters' Burn Foundation grant.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

68.6 Reduce funds received in HB990 (FY09G) and defer the contract with the Georgia Association of Primary Health Care. (H and S:Provide funds for the Georgia Association for Primary Health Care for start up expenses incurred by new Community Health Centers at the following sites: Montgomery County, Jones County, Clarke County and Effingham County and for expenses associated with behavioral health services integration incurred by the following Community Health Centers: Georgia Highlands Medical Services, lnc., TenderCare Clinic, West End Medical Centers, lnc., and Palmetto Health Council, lnc.)

State General Funds

($2,000,000) ($2,000,000)

$0

$0

68.7 Reduce funds received in HB990 (FY09G) and defer the creation and enhancement of the SafetyNet Clinics.

State General Funds

($950,000)

($950,000)

($950,000)

($950,000)

68.8 Reduce funds received in HB990 (FY09G) for the establishment of the Georgia Health Marketplace Authority per SB404 (2008 Session) that failed to pass.

State General Funds

($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000)

68.9 Reduce funds received in HB990 (FY09G) and defer the establishment of the Georgia Wellness Incentive Pilot Program.

State General Funds

($150,000)

($150,000)

($150,000)

($150,000)

68.10 Reduce funds received in HB990 (FY09G) and defer the Rural Health Initiative.

Tobacco Settlement Funds

($10,600,000) ($10,600,000) ($10,600,000) ($10,600,000)

68.100 -Health Care Access and Improvement

Appropriation (HB 118)

The purpose of this appropriation is to improve the health, wellness and access to healthcare for Georgians.

TOTAL STATE FUNDS

$9,069,280

$9,057,612 $11,057,612

State General Funds

$9,069,280

$9,057,612 $11,057,612

TOTAL FEDERAL FUNDS

$587,148

$587,148

$587,148

Medical Assistance Program CFDA93.778

$587,148

$587,148

$587,148

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

$9,756,428

$9,744,760 $11,744,760

$11,057,612 $11,057,612
$587,148 $587,148 $100,000 $100,000 $100,000 $11,744,760

MONDAY, MARCH 9, 2009

1483

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

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

69.1 Increase funds to provide the state match for federally deemed private hospitals in Georgia that qualify for a Disproportionate Share Hospital (DSH) payment. (H and S:Provide the state match for federal DSH funds for private hospitals providing access to Georgia's uninsured citizens)

State General Funds

$7,000,000

$7,000,000 $13,718,752 $13,718,752

69.100 -Indigent Care Trust Fund

Appropriation (HB 118)

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

TOTAL STATE FUNDS

$7,000,000

$7,000,000 $13,718,752 $13,718,752

State General Funds

$7,000,000

$7,000,000 $13,718,752 $13,718,752

TOTAL FEDERAL FUNDS

$257,075,969 $257,075,969 $257,075,969 $257,075,969

Medical Assistance Program CFDA93.778

$257,075,969 $257,075,969 $257,075,969 $257,075,969

TOTAL AGENCY FUNDS

$141,586,524 $141,586,524 $141,586,524 $141,586,524

Intergovernmental Transfers

$139,386,524 $139,386,524 $139,386,524 $139,386,524

Hospital Authorities

$139,386,524 $139,386,524 $139,386,524 $139,386,524

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

$405,662,493 $405,662,493 $412,381,245 $412,381,245

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

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418

1484

JOURNAL OF THE HOUSE

Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $3,998,933,946

$62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $3,998,933,946

$62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $3,998,933,946

$62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $3,998,933,946

70.1 Reduce funds received in HB990 (FY09G) and defer the ambulance reimbursement rate increase.

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)

($1,400,743) ($2,505,400) ($3,906,143)

($1,400,743) ($2,505,400) ($3,906,143)

70.2 Reduce funds received in HB990 (FY09G) and defer the 2.5% dental reimbursement rate increase.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($90,553) ($161,965) ($252,518)

($90,553) ($161,965) ($252,518)

($90,553) ($161,965) ($252,518)

($90,553) ($161,965) ($252,518)

70.3 Reduce funds received in HB990 (FY09G) and defer the rate increases for home health services.

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)

($1,136,283) ($2,032,381) ($3,168,664)

70.4 Reduce funds received in HB990 (FY09G) and defer the rate increases for inpatient and outpatient hospital reimbursement.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($8,669,645) ($15,506,721) ($24,176,366)

($8,669,645) ($15,506,721) ($24,176,366)

($8,669,645) ($15,506,721) ($24,176,366)

($8,669,645) ($15,506,721) ($24,176,366)

70.5 Reduce funds received in HB990 (FY09G) and defer the rate increases for physicians including updating the Resource Based Relative Value Scale (RBRVS), Healthcheck, digital mammography and global delivery.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($3,988,687) ($7,134,255) ($11,122,942)

($3,988,687) ($7,134,255) ($11,122,942)

($3,988,687) ($7,134,255) ($11,122,942)

($3,988,687) ($7,134,255) ($11,122,942)

70.6 Reduce funds received in HB990 (FY09G) and defer the rate increases for personal support services in the Independent Care Waiver Program (ICWP).

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($354,680) ($634,389) ($989,069)

($354,680) ($634,389) ($989,069)

($354,680) ($634,389) ($989,069)

($354,680) ($634,389) ($989,069)

70.7 Reduce funds to reflect savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($799,673) ($1,430,313) ($2,229,986)

($799,673) ($1,430,313) ($2,229,986)

($799,673) ($1,430,313) ($2,229,986)

($799,673) ($1,430,313) ($2,229,986)

MONDAY, MARCH 9, 2009

1485

70.8 Reduce funds received in HB990 (FY09G) and defer the conversion to Fair Rental Value Scale (FRVS) indices for the nursing home per diem rate.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($12,658,580) ($22,641,420) ($35,300,000)

($12,658,580) ($22,641,420) ($35,300,000)

($12,658,580) ($22,641,420) ($35,300,000)

($12,658,580) ($22,641,420) ($35,300,000)

70.9 Reduce funds received in HB990 (FY09G) and defer the cost report update and 1% quality incentive payment for nursing facilities.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($6,784,574) ($12,135,041) ($18,919,615)

($6,784,574) ($12,135,041) ($18,919,615)

($6,784,574) ($12,135,041) ($18,919,615)

($6,784,574) ($12,135,041) ($18,919,615)

70.10 Reduce funds by delaying the implementation of seventy-five new Independent Care Waiver Program (ICWP) slots until January 1, 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($586,822) ($1,049,603) ($1,636,425)

($586,822) ($1,049,603) ($1,636,425)

($586,822) ($1,049,603) ($1,636,425)

($586,822) ($1,049,603) ($1,636,425)

70.11 Reduce funds to reflect the projected FY09 surplus.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($18,030,020) ($32,248,898) ($50,278,918)

($18,030,020) ($32,248,898) ($50,278,918)

($18,030,020) ($32,248,898) ($50,278,918)

($18,030,020) ($32,248,898) ($50,278,918)

70.12 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,931,710) ($3,455,100) ($5,386,810)

($1,931,710) ($3,455,100) ($5,386,810)

($1,931,710) ($3,455,100) ($5,386,810)

($1,931,710) ($3,455,100) ($5,386,810)

70.13 Reduce funds to recognize additional savings from fraud and abuse recoveries.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,326,011) ($2,371,733) ($3,697,744)

($1,326,011) ($2,371,733) ($3,697,744)

($1,326,011) ($2,371,733) ($3,697,744)

($1,326,011) ($2,371,733) ($3,697,744)

70.14 Replace funds to reflect additional Incurred But Not Reported (IBNR) claims reserves.

State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($14,820,314) $14,820,314
$0

($14,820,314) $14,820,314
$0

($14,820,314) $14,820,314
$0

($14,820,314) $14,820,314
$0

70.15 Increase funds to reflect audited FY08 Incurred But Not Reported (IBNR) claim liability.

Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

$272,802,781 $152,521,168 $425,323,949

$272,802,781 $152,521,168 $425,323,949

$272,802,781 $88,648,750 $361,451,531

$272,802,781 $88,648,750 $361,451,531

70.16 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($219,108,435) ($221,150,658) ($221,150,658)

$219,108,435 $221,150,658 $221,150,658

$0

$0

$0

1486

JOURNAL OF THE HOUSE

70.17 Reduce funds and replace with prior year reserves from the Indigent Care Trust Fund.
State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,243,141) ($2,223,510) ($3,466,651)

($1,243,141) ($2,223,510) ($3,466,651)

70.100 -Medicaid: Aged, Blind, and Disabled

Appropriation (HB 118)

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS

$1,066,280,876 $847,172,441 $843,887,077

State General Funds

$1,066,280,876 $847,172,441 $843,887,077

TOTAL FEDERAL FUNDS

$2,636,066,299 $2,855,174,734 $2,854,993,447

Medical Assistance Program CFDA93.778

$2,636,066,299 $2,855,174,734 $2,854,993,447

TOTAL AGENCY FUNDS

$293,556,888 $293,556,888 $229,684,470

Reserved Fund Balances

$231,213,900 $231,213,900 $167,341,482

Reserved Fund Balances Not Itemized

$231,213,900 $231,213,900 $167,341,482

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

$4,263,192,695 $4,263,192,695 $4,195,853,626

$843,887,077 $843,887,077 $2,854,993,447 $2,854,993,447 $229,684,470 $167,341,482 $167,341,482 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,195,853,626

Medicaid: Low-Income Medicaid

Continuation Budget

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

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$967,807,351 $916,833,695
$50,973,656 $2,020,232,680 $2,020,232,680
$153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847
$13,416,847 $13,416,847 $3,154,813,458

$967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847
$13,416,847 $3,154,813,458

$967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,154,813,458

$967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,154,813,458

MONDAY, MARCH 9, 2009

1487

71.1 Reduce funds received in HB990 (FY09G) and defer the ambulance reimbursement rate increase.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($49,439) ($88,428) ($137,867)

($49,439) ($88,428) ($137,867)

($49,439) ($88,428) ($137,867)

($49,439) ($88,428) ($137,867)

71.2 Reduce funds received in HB990 (FY09G) and defer the 2.5% dental reimbursement rate increase.

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)

($920,625) ($1,646,651) ($2,567,276)

($920,625) ($1,646,651) ($2,567,276)

71.3 Reduce funds received in HB990 (FY09G) and defer the rate increases for home health services.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($232,918) ($416,602) ($649,520)

($232,918) ($416,602) ($649,520)

($232,918) ($416,602) ($649,520)

($232,918) ($416,602) ($649,520)

71.4 Reduce funds received in HB990 (FY09G) and defer the rate increases for inpatient and outpatient hospital reimbursement.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($12,907,415) ($23,086,492) ($35,993,907)

($12,907,415) ($23,086,492) ($35,993,907)

($12,907,415) ($23,086,492) ($35,993,907)

($12,907,415) ($23,086,492) ($35,993,907)

71.5 Reduce funds received in HB990 (FY09G) and defer the rate increases for physicians including updating the Resource Based Relative Value Scale (RBRVS), Healthcheck, digital mammography and global delivery.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($8,595,256) ($15,373,668) ($23,968,924)

($8,595,256) ($15,373,668) ($23,968,924)

($8,595,256) ($15,373,668) ($23,968,924)

($8,595,256) ($15,373,668) ($23,968,924)

71.6 Reduce funds received in HB990 (FY09G) and defer the rate increases for personal support services in the Independent Care Waiver Program (ICWP).

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($918) ($1,642) ($2,560)

($918) ($1,642) ($2,560)

($918) ($1,642) ($2,560)

($918) ($1,642) ($2,560)

71.7 Reduce funds to reflect savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($993,327) ($1,776,687) ($2,770,014)

($993,327) ($1,776,687) ($2,770,014)

($993,327) ($1,776,687) ($2,770,014)

($993,327) ($1,776,687) ($2,770,014)

71.8 Reduce funds to reflect the projected FY09 surplus.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($19,219,286) ($34,376,046) ($53,595,332)

($19,219,286) ($34,376,046) ($53,595,332)

($19,219,286) ($34,376,046) ($53,595,332)

($19,219,286) ($34,376,046) ($53,595,332)

1488

JOURNAL OF THE HOUSE

71.9 Replace funds with tobacco funds for Medicaid benefits.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

($59,796,520) $59,796,520
$0

($59,796,520) $59,796,520
$0

($63,505,666) $63,505,666
$0

($63,355,666) $63,355,666
$0

71.10 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,608,710) ($2,877,375) ($4,486,085)

($1,608,710) ($2,877,375) ($4,486,085)

($1,608,710) ($2,877,375) ($4,486,085)

($1,608,710) ($2,877,375) ($4,486,085)

71.11 Reduce funds to recognize additional savings from fraud and abuse recoveries.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($215,862) ($386,096) ($601,958)

($215,862) ($386,096) ($601,958)

($215,862) ($386,096) ($601,958)

($215,862) ($386,096) ($601,958)

71.12 Reduce funds to reflect revised Care Management Organization (CMO) fee collections based on updated enrollment and expenditure data.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,240,306) ($2,218,439) ($3,458,745)

($1,240,306) ($2,218,439) ($3,458,745)

($1,240,306) ($2,218,439) ($3,458,745)

($1,240,306) ($2,218,439) ($3,458,745)

71.13 Reduce funds to reflect audited FY08 Incurred But Not Reported (IBNR) claim liability.

Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

($159,177,029) ($159,177,029) ($159,177,029) ($159,177,029) ($88,994,204) ($88,994,204) ($88,994,204) ($88,994,204) ($248,171,233) ($248,171,233) ($248,171,233) ($248,171,233)

71.14 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($205,849,342) ($205,849,342) ($205,849,342)

$205,849,342 $205,849,342 $205,849,342

$0

$0

$0

71.100 -Medicaid: Low-Income Medicaid

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$921,823,289 $715,973,947 $715,973,947

State General Funds

$811,053,113 $605,203,771 $601,494,625

Tobacco Settlement Funds

$110,770,176 $110,770,176 $114,479,322

TOTAL FEDERAL FUNDS

$1,778,807,525 $1,984,656,867 $1,984,656,867

Medical Assistance Program CFDA93.778

$1,778,807,525 $1,984,656,867 $1,984,656,867

TOTAL AGENCY FUNDS

$64,362,376 $64,362,376 $64,362,376

Reserved Fund Balances

$52,034,060 $52,034,060 $52,034,060

Reserved Fund Balances Not Itemized

$52,034,060 $52,034,060 $52,034,060

Intergovernmental Transfers

$12,328,316 $12,328,316 $12,328,316

Hospital Authorities

$12,328,316 $12,328,316 $12,328,316

$715,973,947 $601,644,625 $114,329,322 $1,984,656,867 $1,984,656,867 $64,362,376 $52,034,060 $52,034,060 $12,328,316 $12,328,316

MONDAY, MARCH 9, 2009

1489

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$13,416,847 $13,416,847 $13,416,847 $2,778,410,037

$13,416,847 $13,416,847 $13,416,847 $2,778,410,037

$13,416,847 $13,416,847 $13,416,847 $2,778,410,037

$13,416,847 $13,416,847 $13,416,847 $2,778,410,037

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 $215,064,801 $215,064,801 $335,870,759

$120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759

$120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759

$120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759

72.1 Increase funds to reflect revised Nursing Home Provider Fee collections based on updated enrollment and cost data.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$3,918,923 $7,009,474 $10,928,397

$3,918,923 $7,009,474 $10,928,397

$3,918,923 $7,009,474 $10,928,397

$3,918,923 $7,009,474 $10,928,397

72.100 -Nursing Home Provider Fees

Appropriation (HB 118)

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

$124,724,881 $124,724,881 $124,724,881 $124,724,881

State General Funds

$124,724,881 $124,724,881 $124,724,881 $124,724,881

TOTAL FEDERAL FUNDS

$222,074,275 $222,074,275 $222,074,275 $222,074,275

Medical Assistance Program CFDA93.778

$222,074,275 $222,074,275 $222,074,275 $222,074,275

TOTAL PUBLIC FUNDS

$346,799,156 $346,799,156 $346,799,156 $346,799,156

PeachCare

Continuation Budget

The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children.

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

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783 $151,783 $393,671,223

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783 $151,783 $393,671,223

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783 $151,783 $393,671,223

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783 $151,783 $393,671,223

1490

JOURNAL OF THE HOUSE

73.1 Reduce funds received in HB990 (FY09G) and defer the ambulance reimbursement rate increase.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($47,866) ($142,835) ($190,701)

($47,866) ($142,835) ($190,701)

($47,866) ($142,835) ($190,701)

($47,866) ($142,835) ($190,701)

73.2 Reduce funds received in HB990 (FY09G) and defer the 2.5% dental reimbursement rate increase.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($216,322) ($645,519) ($861,841)

($216,322) ($645,519) ($861,841)

($216,322) ($645,519) ($861,841)

($216,322) ($645,519) ($861,841)

73.3 Reduce funds received in HB990 (FY09G) and defer the rate increases for home health services.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($4,254) ($12,694) ($16,948)

($4,254) ($12,694) ($16,948)

($4,254) ($12,694) ($16,948)

($4,254) ($12,694) ($16,948)

73.4 Reduce funds received in HB990 (FY09G) and defer the rate increases for inpatient and outpatient hospital reimbursements.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($613,266) ($1,830,025) ($2,443,291)

($613,266) ($1,830,025) ($2,443,291)

($613,266) ($1,830,025) ($2,443,291)

($613,266) ($1,830,025) ($2,443,291)

73.5 Reduce funds received in HB990 (FY09G) and defer the rate increases appropriated for physicians including updating the Resource Based Relative Value Scale (RBRVS), Healthcheck, digital mammography and global delivery.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($403,208) ($1,203,198) ($1,606,406)

($403,208) ($1,203,198) ($1,606,406)

($403,208) ($1,203,198) ($1,606,406)

($403,208) ($1,203,198) ($1,606,406)

73.6 Reduce funds to reflect the projected FY09 surplus.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($17,619,045) ($52,576,353) ($70,195,398)

($17,619,045) ($52,576,353) ($70,195,398)

($17,619,045) ($52,576,353) ($70,195,398)

($17,619,045) ($52,576,353) ($70,195,398)

73.7 Reduce funds to reflect revised Care Management Organization (CMO) fee collections based on updated enrollment and expenditure data.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($3,215,498) ($9,595,251) ($12,810,749)

($3,215,498) ($9,595,251) ($12,810,749)

($3,215,498) ($9,595,251) ($12,810,749)

($3,215,498) ($9,595,251) ($12,810,749)

73.8 Increase funds to reflect audited FY08 Incurred But Not Reported (IBNR) claim liability.

State Children's Insurance Program CFDA93.767 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

$1,044,144 $345,454
$1,389,598

$1,044,144 $345,454
$1,389,598

$1,044,144 $345,454
$1,389,598

$1,044,144 $345,454
$1,389,598

73.100 -PeachCare

Appropriation (HB 118)

The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children.

MONDAY, MARCH 9, 2009

1491

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$76,553,470 $76,553,470 $229,884,780 $229,884,780
$345,454 $345,454 $345,454 $151,783 $151,783 $151,783 $306,935,487

$76,553,470 $76,553,470 $229,884,780 $229,884,780
$345,454 $345,454 $345,454 $151,783 $151,783 $151,783 $306,935,487

$76,553,470 $76,553,470 $229,884,780 $229,884,780
$345,454 $345,454 $345,454 $151,783 $151,783 $151,783 $306,935,487

$76,553,470 $76,553,470 $229,884,780 $229,884,780
$345,454 $345,454 $345,454 $151,783 $151,783 $151,783 $306,935,487

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

74.1 Increase funds to reflect projected revenue above the original appropriation.

Health Insurance Payments

$295,535,893 $295,535,893 $295,535,893 $295,535,893

74.2 Reduce employer contribution rate for state employees from 22.165% to 1.926%, reduce employer contribution rate for teachers, librarians and school employees from 18.534% to 8.579%, reduce state contribution for non-certificated employees and retirees, and use reserves. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% for state employees effective March 1, 2009 through June 30, 2009, and reflect an adjustment from 8.579% to 3.668% for teachers and school employees effective March 1, 2009 through June 30, 2009)

Health Insurance Payments

($535,568,603) ($663,436,083) ($663,436,083) ($783,512,488)

74.100 -State Health Benefit Plan

Appropriation (HB 118)

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 $30,345,470 $30,345,470 $30,345,470

Reserved Fund Balances

$30,345,470 $30,345,470 $30,345,470 $30,345,470

Reserved Fund Balances Not Itemized

$30,345,470 $30,345,470 $30,345,470 $30,345,470

1492

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$2,434,364,986 $2,434,364,986 $2,434,364,986 $2,464,710,456

$2,306,497,506 $2,306,497,506 $2,306,497,506 $2,336,842,976

$2,306,497,506 $2,306,497,506 $2,306,497,506 $2,336,842,976

$2,186,421,101 $2,186,421,101 $2,186,421,101 $2,216,766,571

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

$1,439,892 $1,439,892 $1,439,892

$1,439,892 $1,439,892 $1,439,892

$1,439,892 $1,439,892 $1,439,892

$1,439,892 $1,439,892 $1,439,892

75.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,704)

($2,704)

($2,704)

($2,704)

75.2 Defer special adjustments to selected job classes.

State General Funds

($8,547)

($8,547)

($8,547)

($8,547)

75.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($12,257)

($13,160)

($13,160)

($13,160)

75.4 Reduce funds by discontinuing the contract with the Georgia Student Finance Commission for loan and scholarship tracking and administer internally.

State General Funds

($15,000)

($15,000)

($15,000)

($15,000)

75.5 Reduce funds from the annual medical fair to recruit physicians to rural communities.

State General Funds

($8,348)

($8,348)

($8,348)

($8,348)

75.6 Reduce funds from medical scholarship awards.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

75.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($13,330)

($13,330)

($13,330)

75.100 -Medical Education Board, State

Appropriation (HB 118)

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

$1,333,036

$1,318,803

$1,318,803

$1,318,803

State General Funds

$1,333,036

$1,318,803

$1,318,803

$1,318,803

TOTAL PUBLIC FUNDS

$1,333,036

$1,318,803

$1,318,803

$1,318,803

MONDAY, MARCH 9, 2009

1493

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

$855,498 $855,498 $855,498

$855,498 $855,498 $855,498

$855,498 $855,498 $855,498

$855,498 $855,498 $855,498

76.1 Defer the FY09 cost of living adjustment.

State General Funds

($5,716)

($5,716)

($5,716)

($5,716)

76.2 Defer special adjustments to selected job classes.

State General Funds

($23,430)

($23,430)

($23,430)

($23,430)

76.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($29,317)

($31,476)

($31,476)

($31,476)

76.4 Reduce funds from the internship program.

State General Funds

($12,000)

($12,000)

($12,000)

($12,000)

76.5 Reduce funds received in HB990 (FY09G) and defer the implementation of a medical education study.

State General Funds

($110,000)

($110,000)

($110,000)

($110,000)

76.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($10,000)

($10,000)

($10,000)

76.100 -Physician Workforce, Georgia Board of: Board Administration

Appropriation (HB 118)

The purpose of this appropriation is to provide administrative support to all agency programs.

TOTAL STATE FUNDS

$675,035

$662,876

State General Funds

$675,035

$662,876

TOTAL PUBLIC FUNDS

$675,035

$662,876

$662,876 $662,876 $662,876

$662,876 $662,876 $662,876

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

$9,853,061 $9,853,061 $9,853,061

$9,853,061 $9,853,061 $9,853,061

$9,853,061 $9,853,061 $9,853,061

$9,853,061 $9,853,061 $9,853,061

77.1 Reduce funds received in HB990 (FY09G) for graduate medical education. (H and S:Reduce funds by 3.5% for all graduate medical education)

State General Funds

($343,977)

($343,977)

($343,977)

($343,977)

1494

JOURNAL OF THE HOUSE

77.2 Reduce funds to reflect the revised revenue estimate. State General Funds 77.3 Reduce funds and defer the contract for the Athens/Gainesville area development study. State General Funds

($25,000)

($25,000) ($481,273)

($25,000) ($481,273)

77.100 -Physician Workforce, Georgia Board of: Graduate Medical Education

Appropriation (HB 118)

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

$9,509,084

$9,484,084

$9,002,811

$9,002,811

State General Funds

$9,509,084

$9,484,084

$9,002,811

$9,002,811

TOTAL PUBLIC FUNDS

$9,509,084

$9,484,084

$9,002,811

$9,002,811

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

$24,560,862 $24,560,862 $24,560,862

78.1 Reduce funds from the Mercer University School of Medicine operating grant by 6.7%.

State General Funds

($1,638,502)

78.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($1,638,502) ($258,391)

($1,638,502) $0

($1,638,502) $0

78.100 -Physician Workforce, Georgia Board of: Mercer School of Medicine Grant

Appropriation (HB 118)

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

$22,922,360 $22,663,969 $22,922,360 $22,922,360

State General Funds

$22,922,360 $22,663,969 $22,922,360 $22,922,360

TOTAL PUBLIC FUNDS

$22,922,360 $22,663,969 $22,922,360 $22,922,360

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

$12,997,293 $12,997,293 $12,997,293

$12,997,293 $12,997,293 $12,997,293

$12,997,293 $12,997,293 $12,997,293

$12,997,293 $12,997,293 $12,997,293

MONDAY, MARCH 9, 2009

1495

79.1 Reduce funds from the Morehouse School of Medicine operating grant by 6.7%.

State General Funds

($867,073)

79.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($867,073) ($157,000)

($867,073) $0

($867,073) $0

79.100 -Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Appropriation (HB 118)

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

$12,130,220 $11,973,220 $12,130,220 $12,130,220

State General Funds

$12,130,220 $11,973,220 $12,130,220 $12,130,220

TOTAL PUBLIC FUNDS

$12,130,220 $11,973,220 $12,130,220 $12,130,220

Physician Workforce, Georgia Board of: Undergraduate Medical Education Continuation Budget The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with certain private medical schools in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

80.1 Reduce funds from the undergraduate medical education program. State General Funds 80.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($236,060)

($236,060) ($35,000)

($236,060) ($35,000)

($236,060) ($35,000)

80.100 -Physician Workforce, Georgia Board of: Undergraduate Medical Education Appropriation (HB 118)

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

$3,302,424

$3,267,424

$3,267,424

$3,267,424

State General Funds

$3,302,424

$3,267,424

$3,267,424

$3,267,424

TOTAL PUBLIC FUNDS

$3,302,424

$3,267,424

$3,267,424

$3,267,424

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% for July through January, 8.579% for February and 3.668% for March through June, and for the state employees' health benefit plan for Fiscal Year 2009 shall not exceed 22.165% for July through January, 1.926% for February, and 0% for March through June.

Section 17: Corrections, Department of

Section Total - Continuation

1496

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers
TOTAL PUBLIC FUNDS

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$1,041,514,302 $1,039,044,345

$1,041,514,302 $1,039,044,345

$5,889,638

$5,889,638

$5,889,638

$5,889,638

$41,455,595 $41,455,595

$9,599,502

$9,599,502

$3,219

$3,219

$3,406,391

$3,406,391

$28,446,483 $28,446,483

$956,324

$956,324

$956,324

$956,324

$1,089,815,859 $1,087,345,902

$1,043,637,575 $1,043,637,575
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,091,939,132

$1,043,637,575 $1,043,637,575
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,091,939,132

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

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214

MONDAY, MARCH 9, 2009

1497

81.1 Defer the FY09 cost of living adjustment.

State General Funds

($45,348)

($45,348)

($45,348)

($45,348)

81.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,752)

($2,752)

($2,752)

($2,752)

81.3 Defer special adjustments to selected job classes.

State General Funds

($23,217)

($23,217)

($23,217)

($23,217)

81.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($32,681)

($32,681)

($32,681)

($32,681)

81.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($186,017)

($199,718)

($199,718)

($199,718)

81.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$371

$371

$371

$371

81.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($139,405)

($139,405)

($139,405)

($139,405)

81.8 Reduce funds from the contract with Spectrum to provide substance abuse treatment and utilize other available revenue.

State General Funds

($237,581)

($237,581)

81.100 -Bainbridge Probation Substance Abuse Treatment Center

Appropriation (HB 118)

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

$5,979,376

$5,965,675

$5,728,094

$5,728,094

State General Funds

$5,979,376

$5,965,675

$5,728,094

$5,728,094

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

$172,046

$172,046

$172,046

$172,046

Sales and Services

$172,046

$172,046

$172,046

$172,046

Sales and Services Not Itemized

$172,046

$172,046

$172,046

$172,046

TOTAL PUBLIC FUNDS

$6,172,165

$6,158,464

$5,920,883

$5,920,883

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

1498

JOURNAL OF THE HOUSE

82.1 Increase funds for county jail subsidy payments ($1,000,000) and transfer funds from the Offender Management program ($1,400,000).

State General Funds

$2,400,000

$2,400,000

82.100 -County Jail Subsidy

Appropriation (HB 118)

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

$8,596,724

State General Funds

$6,196,724

$6,196,724

$8,596,724

TOTAL PUBLIC FUNDS

$6,196,724

$6,196,724

$8,596,724

$8,596,724 $8,596,724 $8,596,724

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 AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$55,017,209 $55,017,209 $2,462,251 $2,462,251
$102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

$55,017,209 $55,017,209 $2,462,251
$2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

$55,017,209 $55,017,209
$2,462,251 $2,462,251
$102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

$55,017,209 $55,017,209 $2,462,251
$2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

83.1 Defer the FY09 cost of living adjustment.

State General Funds

($480,338)

($480,338)

($480,338)

($480,338)

83.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($29,152)

($29,152)

($29,152)

($29,152)

83.3 Defer special adjustments to selected job classes.

State General Funds

($6,805)

($6,805)

($6,805)

($6,805)

83.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,847,160) ($1,998,398) ($1,998,398) ($1,998,398)

83.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,750,407

$2,750,407

$2,750,407

$2,750,407

83.6 Eliminate funds from the four Regional Training Academies and consolidate training activities to the Tift College campus.

State General Funds

($1,303,798) ($1,303,798) ($1,303,798) ($1,303,798)

MONDAY, MARCH 9, 2009

1499

83.7 Reduce funds from the communications center through the use of updated technology.

State General Funds

($361,756)

($361,756)

($361,756)

($361,756)

83.8 Reduce funds from various contracts including those for consulting and special projects that will be delayed for the long-term.

State General Funds

($260,100)

($260,100)

($260,100)

($260,100)

83.9 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($1,770,425) ($1,770,425) ($1,770,425) ($1,770,425)

83.10 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks.

State General Funds

($290,588)

($290,588)

($290,588)

($290,588)

83.11 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($3,405)

($3,405)

($3,405)

($3,405)

83.12 Reduce funds designated for vehicle purchases.

State General Funds

($412,720)

($412,720)

($412,720)

($412,720)

83.13 Reduce funds due to a change in occupancy dates for Smith State Prison (SP), Valdosta SP, Coastal SP, Hays SP, and Ware SP. (S:Reduce funds due to the change in the projected occupancy dates to April 2009 for Ware SP, Hayes SP and Valdosta SP)

State General Funds

($17,369)

($17,369)

($19,073)

($19,073)

83.100 -Departmental Administration

Appropriation (HB 118)

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

$50,984,000 $50,832,762 $50,831,058 $50,831,058

State General Funds

$50,984,000 $50,832,762 $50,831,058 $50,831,058

TOTAL FEDERAL FUNDS

$2,462,251

$2,462,251

$2,462,251

$2,462,251

Federal Funds Not Itemized

$2,462,251

$2,462,251

$2,462,251

$2,462,251

TOTAL AGENCY FUNDS

$102,491

$102,491

$102,491

$102,491

Rebates, Refunds, and Reimbursements

$3,219

$3,219

$3,219

$3,219

Rebates, Refunds, and Reimbursements Not Itemized

$3,219

$3,219

$3,219

$3,219

Sales and Services

$99,272

$99,272

$99,272

$99,272

Sales and Services Not Itemized

$99,272

$99,272

$99,272

$99,272

TOTAL PUBLIC FUNDS

$53,548,742 $53,397,504 $53,395,800 $53,395,800

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

$46,960,470 $46,960,470
$671,975

$46,960,470 $46,960,470
$671,975

$46,960,470 $46,960,470
$671,975

$46,960,470 $46,960,470
$671,975

1500

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$671,975 $6,019,327
$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

$671,975 $6,019,327
$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

$671,975 $6,019,327
$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

$671,975 $6,019,327
$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

84.1 Defer the FY09 cost of living adjustment.

State General Funds

($553,120)

($553,120)

($553,120)

($553,120)

84.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($33,570)

($33,570)

($33,570)

($33,570)

84.3 Defer special adjustments to selected job classes.

State General Funds

($258,988)

($258,988)

($258,988)

($258,988)

84.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($448,587)

($448,587)

($448,587)

($448,587)

84.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,883,344) ($2,022,060) ($2,022,060) ($2,022,060)

84.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$99,945

$99,945

$99,945

$99,945

84.7 Reduce funds by closing the I.W. Davis Probation Detention Center (PDC) and the Terrell PDC effective September 30, 2008.

State General Funds

($3,275,279) ($3,275,279) ($3,275,279) ($3,275,279)

84.8 Transfer funds to the Transitional Center program due to the remissioning of one unit at the Emanuel PDC to a Transitional Center.

State General Funds

($2,314,792) ($2,314,792) ($2,314,792) ($2,314,792)

84.9 Transfer funds to the State Prisons program due to the remissioning of the West Central PDC to a State Prison.

State General Funds

($2,613,787) ($2,613,787) ($2,613,787) ($2,613,787)

84.10 Reduce funds through a hiring freeze.

State General Funds

($255,875)

($255,875)

($255,875)

($255,875)

84.11 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($1,502,734) ($1,502,734) ($1,502,734) ($1,502,734)

MONDAY, MARCH 9, 2009

1501

84.100 -Detention Centers

Appropriation (HB 118)

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

$33,920,339 $33,781,623 $33,781,623 $33,781,623

State General Funds

$33,920,339 $33,781,623 $33,781,623 $33,781,623

TOTAL FEDERAL FUNDS

$671,975

$671,975

$671,975

$671,975

Federal Funds Not Itemized

$671,975

$671,975

$671,975

$671,975

TOTAL AGENCY FUNDS

$6,019,327

$6,019,327

$6,019,327

$6,019,327

Intergovernmental Transfers

$16,491

$16,491

$16,491

$16,491

Intergovernmental Transfers Not Itemized

$16,491

$16,491

$16,491

$16,491

Sales and Services

$6,002,836

$6,002,836

$6,002,836

$6,002,836

Sales and Services Not Itemized

$6,002,836

$6,002,836

$6,002,836

$6,002,836

TOTAL PUBLIC FUNDS

$40,611,641 $40,472,925 $40,472,925 $40,472,925

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,017,358 $14,017,358 $2,100,000 $2,100,000
$2,100,000 $16,117,358

$14,017,358 $14,017,358 $2,100,000 $2,100,000 $2,100,000 $16,117,358

$14,017,358 $14,017,358
$2,100,000 $2,100,000 $2,100,000 $16,117,358

$14,017,358 $14,017,358 $2,100,000 $2,100,000
$2,100,000 $16,117,358

85.1 Defer the FY09 cost of living adjustment.

State General Funds

($63,254)

($63,254)

($63,254)

($63,254)

85.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($3,839)

($3,839)

($3,839)

($3,839)

85.3 Defer special adjustments to selected job classes.

State General Funds

($10,407)

($10,407)

($10,407)

($10,407)

85.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($2,686)

($2,686)

($2,686)

($2,686)

85.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($272,772)

($292,863)

($292,863)

($292,863)

85.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$18,601

$18,601

$18,601

$18,601

1502

JOURNAL OF THE HOUSE

85.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($993,544)

($993,544)

($993,544)

($993,544)

85.8 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($2,763)

($2,763)

($2,763)

($2,763)

85.9 Reduce funds due to a change in occupancy dates for Smith State Prison (SP), Valdosta SP, Coastal SP, Hays SP, and Ware SP. (S:Reduce funds due to the change in the projected occupancy dates to April 2009 for Ware SP, Hayes SP and Valdosta SP)

State General Funds

($41,401)

($41,401)

($69,519)

($69,519)

85.10 Reduce funds from reserves for operations to one and a half months.

State General Funds

($1,500,000) ($1,500,000)

85.100 -Food and Farm Operations

Appropriation (HB 118)

The purpose of this appropriation is to raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS

$12,645,293 $12,625,202 $11,097,084

State General Funds

$12,645,293 $12,625,202 $11,097,084

TOTAL AGENCY FUNDS

$2,100,000

$2,100,000

$2,100,000

Sales and Services

$2,100,000

$2,100,000

$2,100,000

Sales and Services Not Itemized

$2,100,000

$2,100,000

$2,100,000

TOTAL PUBLIC FUNDS

$14,745,293 $14,725,202 $13,197,084

$11,097,084 $11,097,084 $2,100,000 $2,100,000 $2,100,000 $13,197,084

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

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

86.1 Defer the FY09 cost of living adjustment.

State General Funds

($166,174)

($166,174)

($166,174)

($166,174)

86.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($10,085)

($10,085)

($10,085)

($10,085)

86.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

MONDAY, MARCH 9, 2009

1503

State General Funds

($631,080)

($677,562)

($677,562)

($677,562)

86.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$9,143

$9,143

$9,143

$9,143

86.5 Reduce funds due to a change in occupancy dates for Smith State Prison (SP), Valdosta SP, Coastal SP, Hays SP, and Ware SP. (S:Reduce funds due to the change in the projected occupancy dates to April 2009 for Ware SP, Hayes SP and Valdosta SP)

State General Funds

($1,000,726) ($1,000,726) ($1,647,950) ($1,647,950)

86.6 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($376,257)

($376,257)

($376,257)

($376,257)

86.7 Reduce funds from the inmate medical services contract with Georgia Correctional Health Care by eliminating the annual management fee.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

86.8 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($781,583)

($781,583)

($781,583)

($781,583)

86.100 -Health

Appropriation (HB 118)

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

$214,212,277 $214,165,795 $213,518,571 $213,518,571

State General Funds

$214,212,277 $214,165,795 $213,518,571 $213,518,571

TOTAL AGENCY FUNDS

$8,390,000

$8,390,000

$8,390,000

$8,390,000

Sales and Services

$8,390,000

$8,390,000

$8,390,000

$8,390,000

Sales and Services Not Itemized

$8,390,000

$8,390,000

$8,390,000

$8,390,000

TOTAL PUBLIC FUNDS

$222,602,277 $222,555,795 $221,908,571 $221,908,571

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

87.1 Defer the FY09 cost of living adjustment. State General Funds 87.2 Defer structure adjustments to the statewide salary plan. State General Funds

($46,013) ($2,793)

($46,013) ($2,793)

($46,013) ($2,793)

($46,013) ($2,793)

1504

JOURNAL OF THE HOUSE

87.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($186,485)

($200,220)

($200,220)

($200,220)

87.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$40,335

$40,335

$40,335

$40,335

87.5 Reduce funds and the number of Canine Units from thirty-one teams to seventeen teams.

State General Funds

($78,782)

($78,782)

($78,782)

($78,782)

87.6 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($183,836)

($183,836)

($183,836)

($183,836)

87.7 Eliminate funds and discontinue the department's participation in two regional fugitive squads.

State General Funds

($543,171)

($543,171)

($543,171)

($543,171)

87.8 Transfer funds to the County Jail Subsidy program as a result of managing bed space at County Correctional Institutions (CCI) at a 95% utilization rate.

State General Funds

($1,400,000) ($1,400,000)

87.100 -Offender Management

Appropriation (HB 118)

The purpose of this appropriation is to provide cost effective correctional services that ensures public safety.

TOTAL STATE FUNDS

$43,611,868 $43,598,133 $42,198,133

State General Funds

$43,611,868 $43,598,133 $42,198,133

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

$43,641,868 $43,628,133 $42,228,133

$42,198,133 $42,198,133
$30,000 $30,000 $30,000 $42,228,133

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

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

MONDAY, MARCH 9, 2009

1505

88.1 Defer the FY09 cost of living adjustment.

State General Funds

($48,073)

($48,073)

($48,073)

($48,073)

88.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,918)

($2,918)

($2,918)

($2,918)

88.3 Defer special adjustments to selected job classes.

State General Funds

($24,818)

($24,818)

($24,818)

($24,818)

88.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($111,028)

($111,028)

($111,028)

($111,028)

88.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($191,269)

($205,357)

($205,357)

($205,357)

88.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$11,623

$11,623

$11,623

$11,623

88.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($149,013)

($149,013)

($149,013)

($149,013)

88.100 -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 118)

$4,143,264 $4,143,264
$10,510 $10,510 $405,000 $405,000 $405,000 $4,558,774

$4,129,176 $4,129,176
$10,510 $10,510 $405,000 $405,000 $405,000 $4,544,686

$4,129,176 $4,129,176
$10,510 $10,510 $405,000 $405,000 $405,000 $4,544,686

$4,129,176 $4,129,176
$10,510 $10,510 $405,000 $405,000 $405,000 $4,544,686

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

$85,297,250 $85,297,250 $85,297,250

$85,297,250 $85,297,250 $85,297,250

$85,297,250 $85,297,250 $85,297,250

$85,297,250 $85,297,250 $85,297,250

89.1 Reduce funds received in HB990 (FY09G) for the Consumer Price Index (CPI) increase.

State General Funds

($2,017,747)

($2,017,747)

($2,017,747)

($2,017,747)

1506

JOURNAL OF THE HOUSE

89.2 Reduce funds from the request for proposal (RFP) contract and utilize $804,856 to eliminate the population drawdown at private prisons.

State General Funds

($195,144)

($195,144)

89.100 -Private Prisons

Appropriation (HB 118)

The purpose of this appropriation is to provide cost effective correctional services that ensure public safety.

TOTAL STATE FUNDS

$83,279,503 $83,279,503 $83,084,359

State General Funds

$83,279,503 $83,279,503 $83,084,359

TOTAL PUBLIC FUNDS

$83,279,503 $83,279,503 $83,084,359

$83,084,359 $83,084,359 $83,084,359

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

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

90.1 Defer the FY09 cost of living adjustment.

State General Funds

($172,258)

($172,258)

($172,258)

($172,258)

90.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($10,455)

($10,455)

($10,455)

($10,455)

90.3 Defer the special adjustments to selected job classes.

State General Funds

($47,634)

($47,634)

($47,634)

($47,634)

90.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($61,334)

($61,334)

($61,334)

($61,334)

90.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($397,303)

($426,566)

$0

$0

90.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$12,856

$12,856

$12,856

$12,856

90.7 Transfer funds to the Probation Supervision program to open three new Day Reporting Centers.

MONDAY, MARCH 9, 2009

1507

State General Funds

($1,073,615) ($1,073,615) ($1,073,615)

90.8 Reduce funds by closing the four remaining Probation Diversion Centers (DC).

State General Funds

($4,568,838) ($4,568,838) ($4,568,838)

90.9 Transfer funds to the Transitional Centers program due to the remissioning of the Clayton DC to a Transitional Center.

State General Funds

($156,159)

($156,159)

($156,159)

($1,073,615) ($4,568,838)
($156,159)

90.100 -Probation Diversion Centers

Appropriation (HB 118)

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

$1,154,050

$1,124,787

$1,551,353

$1,551,353

State General Funds

$1,154,050

$1,124,787

$1,551,353

$1,551,353

TOTAL AGENCY FUNDS

$3,105,003

$3,105,003

$3,105,003

$3,105,003

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

$353,716

$353,716

$353,716

$353,716

Sales and Services Not Itemized

$353,716

$353,716

$353,716

$353,716

TOTAL PUBLIC FUNDS

$4,259,053

$4,229,790

$4,656,356

$4,656,356

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

Continuation Budget

$86,521,774 $86,521,774
$60,032 $60,032 $159,114 $159,114 $159,114 $86,740,920

$86,521,774 $86,521,774
$60,032 $60,032 $159,114 $159,114 $159,114 $86,740,920

$86,521,774 $86,521,774
$60,032 $60,032 $159,114 $159,114 $159,114 $86,740,920

$86,521,774 $86,521,774
$60,032 $60,032 $159,114 $159,114 $159,114 $86,740,920

91.1 Defer the FY09 cost of living adjustment.

State General Funds

($836,830)

($836,830)

($836,830)

91.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($50,788)

($50,788)

($50,788)

91.3 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($448)

($448)

($448)

($836,830) ($50,788)
($448)

1508

JOURNAL OF THE HOUSE

91.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($3,685,806) ($3,957,281) ($4,383,847) ($4,383,847)

91.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$365,784

$365,784

$365,784

$365,784

91.6 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($2,344,124) ($2,344,124) ($2,344,124) ($2,344,124)

91.7 Transfer funds from the Probation Diversion Centers program to open three new Day Reporting Centers.

State General Funds

$1,073,615

$1,073,615

$1,073,615

$1,073,615

91.8 Reduce funds designated for vehicle purchases.

State General Funds

($25,426)

($25,426)

($25,426)

($25,426)

91.9 Reduce funds through a hiring freeze.

State General Funds

($440,093)

($440,093)

($440,093)

($440,093)

91.100 -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 118)

$80,577,658 $80,577,658
$60,032 $60,032 $159,114 $159,114 $159,114 $80,796,804

$80,306,183 $80,306,183
$60,032 $60,032 $159,114 $159,114 $159,114 $80,525,329

$79,879,617 $79,879,617
$60,032 $60,032 $159,114 $159,114 $159,114 $80,098,763

$79,879,617 $79,879,617
$60,032 $60,032 $159,114 $159,114 $159,114 $80,098,763

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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104

MONDAY, MARCH 9, 2009

1509

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$10,734,499 $10,734,499
$725,196 $725,196 $725,196 $578,111,637

$10,734,499 $10,734,499
$725,196 $725,196 $725,196 $578,111,637

$10,734,499 $10,734,499
$725,196 $725,196 $725,196 $578,111,637

$10,734,499 $10,734,499
$725,196 $725,196 $725,196 $578,111,637

92.1 Defer the FY09 cost of living adjustment.

State General Funds

($5,281,438) ($5,281,438) ($5,281,438) ($5,281,438)

92.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($320,537)

($320,537)

($320,537)

($320,537)

92.3 Defer special adjustments to selected job classes.

State General Funds

($2,673,526) ($2,673,526) ($2,673,526) ($2,673,526)

92.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($3,657,640) ($3,657,640) ($3,657,640) ($3,657,640)

92.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($22,797,657) ($24,476,802) ($24,476,802) ($24,476,802)

92.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$982,187

$982,187

$982,187

$982,187

92.7 Reduce funds from Academic Education.

State General Funds

($331,320)

($331,320)

($331,320)

($331,320)

92.8 Reduce funds from Vocational Education.

State General Funds

($116,751)

($116,751)

($116,751)

($116,751)

92.9 Reduce funds due to a change in occupancy dates for Smith State Prison (SP), Valdosta SP, Coastal SP, Hays SP, and Ware SP and eliminate sixteen positions at Coastal SP, Hays SP, and Ware SP based on a streamlined funding model. (S:Reduce funds due to the change in the projected occupancy dates to April 2009 for Ware SP, Hayes SP and Valdosta SP)

State General Funds

($2,862,330) ($2,862,330) ($4,115,386) ($4,115,386)

92.10 Reduce funds and close Homerville SP, Rivers SP, Milan SP, Wayne SP, West Georgia Boot Camp and the Pelham Pre-Release Center.

State General Funds

($16,517,234) ($16,517,234) ($16,517,234) ($16,517,234)

92.11 Transfer funds from the Detention Center program due to the remissioning of the West Central Probation Detention Center to a State Prison.

State General Funds

$2,613,787

$2,613,787

$2,613,787

$2,613,787

92.12 Reduce funds and the number of Canine Units from thirty-one teams to seventeen teams.

1510

JOURNAL OF THE HOUSE

State General Funds

($450,984)

($450,984)

($450,984)

($450,984)

92.13 Reduce funds by limiting the use of security overtime.

State General Funds

($4,342,733) ($4,342,733) ($4,342,733) ($4,342,733)

92.14 Reduce funds through a departmental hiring freeze. (H and S:Lift hiring freeze of security personnel)

State General Funds

($2,680,623) ($2,680,623)

$0

$0

92.15 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns. (H and S:Partially restore cut to operations)

State General Funds

($15,994,843) ($15,994,843) ($10,994,843) ($10,994,843)

92.16 Reduce funds from fire services and eliminate seven central office positions. (H and S:Maintain positions and fire services)

State General Funds

($615,438)

($615,438)

$0

$0

92.17 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks.

State General Funds

($444,962)

($444,962)

($444,962)

($444,962)

92.18 Reduce funds from the Residential Substance Abuse Treatment (RSAT) contract and utilize other available revenue.

State General Funds

($840,004)

($840,004)

92.100 -State Prisons

Appropriation (HB 118)

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

$478,257,658 $476,578,513 $482,781,514 $482,781,514

State General Funds

$478,257,658 $476,578,513 $482,781,514 $482,781,514

TOTAL FEDERAL FUNDS

$2,664,127

$2,664,127

$2,664,127

$2,664,127

Federal Funds Not Itemized

$2,664,127

$2,664,127

$2,664,127

$2,664,127

TOTAL AGENCY FUNDS

$20,972,614 $20,972,614 $20,972,614 $20,972,614

Intergovernmental Transfers

$9,583,011

$9,583,011

$9,583,011

$9,583,011

Intergovernmental Transfers Not Itemized

$9,583,011

$9,583,011

$9,583,011

$9,583,011

Royalties and Rents

$655,104

$655,104

$655,104

$655,104

Royalties and Rents Not Itemized

$655,104

$655,104

$655,104

$655,104

Sales and Services

$10,734,499 $10,734,499 $10,734,499 $10,734,499

Sales and Services Not Itemized

$10,734,499 $10,734,499 $10,734,499 $10,734,499

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$725,196

$725,196

$725,196

$725,196

Agency Funds Transfers

$725,196

$725,196

$725,196

$725,196

Agency Fund Transfers Not Itemized

$725,196

$725,196

$725,196

$725,196

TOTAL PUBLIC FUNDS

$502,619,595 $500,940,450 $507,143,451 $507,143,451

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.

MONDAY, MARCH 9, 2009

1511

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

93.1 Defer the FY09 cost of living adjustment.

State General Funds

($249,618)

($249,618)

($249,618)

($249,618)

93.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($15,149)

($15,149)

($15,149)

($15,149)

93.3 Defer special adjustments to selected job classes.

State General Funds

($99,272)

($99,272)

($99,272)

($99,272)

93.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($162,512)

($162,512)

($162,512)

($162,512)

93.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,249,387) ($1,341,410) ($1,341,410) ($1,341,410)

93.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$65,382

$65,382

$65,382

$65,382

93.7 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($1,644,473) ($1,644,473) ($1,644,473) ($1,644,473)

93.8 Transfer funds to the Probation Diversion Centers program due to the remissioning of the Clayton Diversion Center to a Transitional Center.

State General Funds

$156,159

$156,159

$156,159

$156,159

93.9 Transfer funds from the Detention Centers program due to the remissioning of the Emanuel Probation Detention Center (PDC) to a Transitional Center.

State General Funds

$2,314,792

$2,314,792

$2,314,792

$2,314,792

93.10 Reduce funds through a hiring freeze.

State General Funds

($128,409)

($128,409)

($128,409)

($128,409)

93.11 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($865,241)

($865,241)

($865,241)

($865,241)

1512

JOURNAL OF THE HOUSE

93.100 -Transitional Centers

Appropriation (HB 118)

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

$26,552,292 $26,460,269 $26,460,269 $26,460,269

State General Funds

$26,552,292 $26,460,269 $26,460,269 $26,460,269

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$231,128

$231,128

$231,128

$231,128

Agency Funds Transfers

$231,128

$231,128

$231,128

$231,128

Agency Fund Transfers Not Itemized

$231,128

$231,128

$231,128

$231,128

TOTAL PUBLIC FUNDS

$26,783,420 $26,691,397 $26,691,397 $26,691,397

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

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $40,845,683

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $40,845,683

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $40,845,683

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $40,845,683

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 - Final

$10,266,265 $10,131,637

$10,266,265 $10,131,637

$28,281,459 $28,281,459

$28,281,459 $28,281,459

$816,341

$816,341

$2,500

$2,500

$400

$400

$151,022

$151,022

$662,419

$662,419

$39,364,065 $39,229,437

$10,351,062 $10,351,062 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $39,480,104

$10,351,062 $10,351,062 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $39,480,104

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

$1,326,490 $1,326,490
$409,445

$1,326,490 $1,326,490
$409,445

$1,326,490 $1,326,490
$409,445

$1,326,490 $1,326,490
$409,445

MONDAY, MARCH 9, 2009

1513

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$409,445 $1,735,935

$409,445 $1,735,935

$409,445 $1,735,935

$409,445 $1,735,935

94.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,246)

($11,246)

($11,246)

($11,246)

94.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,684)

($2,684)

($2,684)

($2,684)

94.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($52,080)

($55,916)

($55,916)

($55,916)

94.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$705

$705

$705

$705

94.5 Reduce funds and limit travel to out-of-state conferences and meetings.

State General Funds

($4,000)

($4,000)

($4,000)

($4,000)

94.6 Transfer funds to the Military Readiness program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion.

State General Funds

($66,000)

($66,000)

($66,000)

($66,000)

94.7 Eliminate funds for the Recruiting Incentive Bonus Program and bonus payments of $150 per recruit to any guardsman that successfully influences an individual to join the Georgia National Guard.

State General Funds

($55,000)

($55,000)

($55,000)

($55,000)

94.8 Reduce funds and defer filling vacancies agency wide.

State General Funds

($55,000)

($55,000)

($55,000)

($55,000)

94.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($50,000)

$0

$0

94.100 -Departmental Administration

Appropriation (HB 118)

The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS

$1,081,185

$1,027,349

State General Funds

$1,081,185

$1,027,349

TOTAL FEDERAL FUNDS

$409,445

$409,445

Federal Funds Not Itemized

$409,445

$409,445

TOTAL PUBLIC FUNDS

$1,490,630

$1,436,794

$1,077,349 $1,077,349
$409,445 $409,445 $1,486,794

$1,077,349 $1,077,349
$409,445 $409,445 $1,486,794

1514

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

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

95.1 Defer the FY09 cost of living adjustment.

State General Funds

($45,218)

($45,218)

($45,218)

($45,218)

95.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($10,794)

($10,794)

($10,794)

($10,794)

95.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($160,912)

($172,764)

($172,764)

($172,764)

95.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,614

$1,614

$1,614

$1,614

95.5 Transfer funds from the Departmental Administration program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion.

State General Funds

$66,000

$66,000

$66,000

$66,000

95.6 Reduce funds for the "Georgia Guardsman" and utilize alternative means of publication.

State General Funds

($15,000)

($15,000)

($15,000)

($15,000)

95.7 Reduce funds and limit travel to out-of-state conferences and meetings.

State General Funds

($3,000)

($3,000)

($3,000)

($3,000)

95.8 Reduce funds and defer filling vacancies agency-wide.

MONDAY, MARCH 9, 2009

1515

State General Funds 95.9 Reduce funds to reflect the revised revenue estimate. State General Funds

($150,000)

($150,000) ($52,663)

($150,000) ($102,663)

($150,000) ($102,663)

95.100 -Military Readiness

Appropriation (HB 118)

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

$4,735,293

$4,670,778

$4,620,778

$4,620,778

State General Funds

$4,735,293

$4,670,778

$4,620,778

$4,620,778

TOTAL FEDERAL FUNDS

$20,100,133 $20,100,133 $20,100,133 $20,100,133

Federal Funds Not Itemized

$20,100,133 $20,100,133 $20,100,133 $20,100,133

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

$25,651,767 $25,587,252 $25,537,252 $25,537,252

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

$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

96.1 Defer the FY09 cost of living adjustment.

State General Funds

($38,349)

($38,349)

($38,349)

($38,349)

96.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($9,153)

($9,153)

($9,153)

($9,153)

96.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($221,000)

($237,277)

($237,277)

($237,277)

1516

JOURNAL OF THE HOUSE

96.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$166

$166

$166

$166

96.5 Reduce funds from the Youth Challenge Academies.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($219,425)

($219,425)

$0

$0

($31,242)

($31,242)

$0

$0

($250,667)

($250,667)

$0

$0

96.6 Reduce funds received in HB990 (FY09G) for STARBASE of Savannah.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

96.100 -Youth Educational Services

Appropriation (HB 118)

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth in Georgia.

TOTAL STATE FUNDS

$4,449,787

$4,433,510

$4,652,935

State General Funds

$4,449,787

$4,433,510

$4,652,935

TOTAL FEDERAL FUNDS

$7,771,881

$7,771,881

$7,803,123

Federal Funds Not Itemized

$7,771,881

$7,771,881

$7,803,123

TOTAL PUBLIC FUNDS

$12,221,668 $12,205,391 $12,456,058

$4,652,935 $4,652,935 $7,803,123 $7,803,123 $12,456,058

Section 19: Driver Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Continuation

$62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551

$62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551

$62,791,511 $62,791,511
$2,844,040 $2,844,040 $65,635,551

$62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$55,965,261 $55,246,817

$55,965,261 $55,246,817

$2,844,040

$2,844,040

$2,844,040

$2,844,040

$58,809,301 $58,090,857

$55,526,644 $55,526,644 $2,844,040 $2,844,040 $58,370,684

$55,246,817 $55,246,817 $2,844,040 $2,844,040 $58,090,857

Customer Service Support

Continuation Budget

The purpose of this appropriation 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

$9,397,002 $9,397,002
$500,857 $500,857

$9,397,002 $9,397,002
$500,857 $500,857

$9,397,002 $9,397,002
$500,857 $500,857

$9,397,002 $9,397,002
$500,857 $500,857

MONDAY, MARCH 9, 2009

1517

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$500,857 $9,897,859

$500,857 $9,897,859

$500,857 $9,897,859

$500,857 $9,897,859

97.1 Defer the FY09 cost of living adjustment.

State General Funds

($64,146)

($64,146)

($64,146)

($64,146)

97.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($773)

($773)

($773)

($773)

97.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($313,199)

($336,267)

($336,267)

($336,267)

97.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$105,867

$105,867

$105,867

$105,867

97.5 Reduce funds and defer filling two vacant positions for the Secure License initiative funded in HB990 (FY09G).

State General Funds

($99,649)

($99,649)

($99,649)

($99,649)

97.6 Reduce funds from public service announcements, travel, and recruitment.

State General Funds

($191,599)

($191,599)

($191,599)

($191,599)

97.7 Reduce funds from operations.

State General Funds

($83,576)

($83,576)

($83,576)

($83,576)

97.8 Reduce funds from operations to realize efficiencies in service delivery and costs.

State General Funds

($137,025)

($137,025)

($137,025)

($137,025)

97.9 Reduce funds from postage expenses by using electronic receipt of certified mail for official purposes.

State General Funds

($59,600)

($59,600)

($59,600)

($59,600)

97.10 Reduce funds from data line charges due to efficiencies realized after driver data cleanup.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

97.99

SAC: The purpose of this appropriation is to administer license issuance and regulatory compliance services. House: The purpose of this appropriation is to administer license issuance and regulatory compliance services. Gov Rev: The purpose of this appropriation is to administer license issuance and regulatory compliance services. Governor: The purpose of this appropriation is to administer license issuance and regulatory compliance services.

State General Funds

$0

$0

$0

$0

97.100 -Customer Service Support

Appropriation (HB 118)

The purpose of this appropriation is to administer license issuance and regulatory compliance services.

1518

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,453,302 $8,453,302
$500,857 $500,857 $500,857 $8,954,159

$8,430,234 $8,430,234
$500,857 $500,857 $500,857 $8,931,091

$8,430,234 $8,430,234
$500,857 $500,857 $500,857 $8,931,091

$8,430,234 $8,430,234
$500,857 $500,857 $500,857 $8,931,091

License Issuance

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$48,970,925 $48,970,925 $1,827,835 $1,827,835
$1,827,835 $50,798,760

$48,970,925 $48,970,925 $1,827,835 $1,827,835 $1,827,835 $50,798,760

$48,970,925 $48,970,925
$1,827,835 $1,827,835 $1,827,835 $50,798,760

$48,970,925 $48,970,925 $1,827,835 $1,827,835
$1,827,835 $50,798,760

98.1 Defer the FY09 cost of living adjustment.

State General Funds

($357,448)

($357,448)

($357,448)

($357,448)

98.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($4,308)

($4,308)

($4,308)

($4,308)

98.3 Defer salary adjustments for critical jobs.

State General Funds

($332,192)

($332,192)

($332,192)

($332,192)

98.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,745,272) ($1,873,819) ($1,873,819) ($1,873,819)

98.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$502,743

$502,743

$502,743

$502,743

98.6 Reduce funds from operations.

State General Funds

($299,250)

($299,250)

($299,250)

($299,250)

98.7 Defer filling twenty-five vacant positions for the Secure License initiative funded in HB990 (FY09G).

State General Funds

($874,802)

($874,802)

($874,802)

($874,802)

98.8 Reduce funds from vehicle purchases.

State General Funds

($130,000)

($130,000)

($130,000)

($130,000)

98.9 Reduce funds from public service announcements, travel, and recruitment.

MONDAY, MARCH 9, 2009

1519

State General Funds

($66,055)

($66,055)

($66,055)

($66,055)

98.10 Reduce funds from operations to realize efficiencies in service delivery and costs.

State General Funds

($36,976)

($36,976)

($36,976)

($36,976)

98.11 Reduce funds and delay opening the Forsyth Customer Service Center until January 2009 and the Walton County Customer Service Center until July 2009.

State General Funds

($980,559)

($980,559)

($980,559)

($980,559)

98.12 Reduce funds and defer opening the Clayton Customer Service Center and relocating the Toccoa Customer Service Centers, and eliminate 3 positions.

State General Funds

($131,636)

($131,636)

($131,636)

($131,636)

98.13 Reduce funds from driver's license manuals by monitoring distribution of printed manuals and utilizing online versions.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

98.14 Reduce funds from data line charges due to efficiencies realized after driver data cleanup.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

98.15 Reduce funds to reflect the revised revenue estimate.

State General Funds

($559,653)

($279,826)

($559,653)

98.100 -License Issuance

Appropriation (HB 118)

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

$44,015,170 $43,326,970 $43,606,797 $43,326,970

State General Funds

$44,015,170 $43,326,970 $43,606,797 $43,326,970

TOTAL AGENCY FUNDS

$1,827,835

$1,827,835

$1,827,835

$1,827,835

Sales and Services

$1,827,835

$1,827,835

$1,827,835

$1,827,835

Sales and Services Not Itemized

$1,827,835

$1,827,835

$1,827,835

$1,827,835

TOTAL PUBLIC FUNDS

$45,843,005 $45,154,805 $45,434,632 $45,154,805

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

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

1520

JOURNAL OF THE HOUSE

99.1 Defer the FY09 cost of living adjustment.

State General Funds

($19,954)

($19,954)

($19,954)

($19,954)

99.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($241)

($241)

($241)

($241)

99.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($97,427)

($104,603)

($104,603)

($104,603)

99.4 Reduce funds from the Alcohol and Drug Awareness program for classroom based instruction and realize savings by offering the program online.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

99.5 Reduce funds from public service announcements, travel, and recruitment.

State General Funds

($8,500)

($8,500)

($8,500)

($8,500)

99.6 Reduce funds and institute risk-based auditing for driver education and third party commercial driver's license testing programs.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

99.7 Reduce funds from operations to realize efficiencies in service delivery and costs.

State General Funds

($387,149)

($387,149)

($387,149)

($387,149)

99.8 Reduce funds from operations.

State General Funds

($22,903)

($22,903)

($22,903)

($22,903)

99.9 Reduce funds from the Georgia Driver's Education Commission.

State General Funds

($275,621)

($275,621)

($275,621)

($275,621)

99.100 -Regulatory Compliance

Appropriation (HB 118)

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

$3,496,789

$3,489,613

$3,489,613

$3,489,613

State General Funds

$3,496,789

$3,489,613

$3,489,613

$3,489,613

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

$4,012,137

$4,004,961

$4,004,961

$4,004,961

Section 20: Early Care and Learning, Department of
TOTAL STATE FUNDS State General Funds Lottery Proceeds

Section Total - Continuation

$341,592,254 $4,574,106
$337,018,148

$341,592,254 $4,574,106
$337,018,148

$341,592,254 $4,574,106
$337,018,148

$341,592,254 $4,574,106
$337,018,148

MONDAY, MARCH 9, 2009

1521

TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$124,640,740 $22,136,870
$102,503,870 $55,000 $55,000
$466,287,994

$124,640,740 $22,136,870
$102,503,870 $55,000 $55,000
$466,287,994

$124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $466,287,994

$124,640,740 $22,136,870 $102,503,870 $55,000 $55,000 $466,287,994

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

$340,808,751 $340,589,349

$3,825,253

$3,605,851

$336,983,498 $336,983,498

$124,640,740 $124,640,740

$22,136,870 $22,136,870

$102,503,870 $102,503,870

$55,000

$55,000

$55,000

$55,000

$465,504,491 $465,285,089

$336,903,601 $3,768,843
$333,134,758 $124,640,740 $22,136,870 $102,503,870
$55,000 $55,000 $461,599,341

$337,407,939 $3,768,843
$333,639,096 $124,640,740 $22,136,870 $102,503,870
$55,000 $55,000 $462,103,679

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

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

100.1 Defer the FY09 cost of living adjustment.

State General Funds

($51,314)

($51,314)

($51,314)

($51,314)

100.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,993)

($2,993)

($2,993)

($2,993)

100.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($232,532)

($413,681)

($250,689)

($250,689)

1522

JOURNAL OF THE HOUSE

100.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,866

$4,866

$4,866

$4,866

100.5 Reduce funds by freezing one child care licensing position.

State General Funds

($46,000)

($46,000)

($46,000)

($46,000)

100.6 Reduce funds from operations.

State General Funds

($279,174)

($279,174)

($279,174)

($279,174)

100.7 Reduce funds by closing the regional office in Martinez, Georgia.

State General Funds

($54,369)

($54,369)

($54,369)

($54,369)

100.8 Reduce funds from personnel.

State General Funds

($87,337)

($87,337)

($87,337)

($87,337)

100.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($38,253)

($38,253)

($38,253)

100.100-Child Care Services

Appropriation (HB 118)

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

$3,825,253

$3,605,851

$3,768,843

$3,768,843

State General Funds

$3,825,253

$3,605,851

$3,768,843

$3,768,843

TOTAL FEDERAL FUNDS

$4,022,917

$4,022,917

$4,022,917

$4,022,917

Child Care & Development Block Grant CFDA93.575

$4,022,917

$4,022,917

$4,022,917

$4,022,917

TOTAL AGENCY FUNDS

$55,000

$55,000

$55,000

$55,000

Sales and Services

$55,000

$55,000

$55,000

$55,000

Sales and Services Not Itemized

$55,000

$55,000

$55,000

$55,000

TOTAL PUBLIC FUNDS

$7,903,170

$7,683,768

$7,846,760

$7,846,760

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 $102,000,000 $102,000,000 $102,000,000

$0 $102,000,000 $102,000,000 $102,000,000

$0 $102,000,000 $102,000,000 $102,000,000

$0 $102,000,000 $102,000,000 $102,000,000

101.100 -Nutrition

Appropriation (HB 118)

The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL FEDERAL FUNDS

$102,000,000 $102,000,000 $102,000,000

Federal Funds Not Itemized

$102,000,000 $102,000,000 $102,000,000

TOTAL PUBLIC FUNDS

$102,000,000 $102,000,000 $102,000,000

$102,000,000 $102,000,000 $102,000,000

MONDAY, MARCH 9, 2009

1523

Pre-Kindergarten Program

Continuation Budget

The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and private

providers throughout the state.

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

102.1 Defer the FY09 cost of living adjustment.

Lottery Proceeds

($34,650)

($34,650)

($34,650)

($34,650)

102.2 Transfer funds for Pre-K administration to the HOPE Scholarships - Public Schools program.

Lottery Proceeds

($504,338)

$0

102.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) and Other Post-Employment Benefits (OPEB) contributions for state employees from 22.165% to 0% effective February 1, 2009 through June 30, 2009 and transfer funds to the Hope Scholarships Public Schools program.

Lottery Proceeds

($180,936)

($180,936)

102.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan (SHBP) and Other Post-Employment Benefits (OPEB) contributions for Pre-K teachers from 18.534% to 3.688% for Pre-K teachers effective March 1, 2009 and transfer funds to the Hope Scholarships Public Schools program.

Lottery Proceeds

($3,163,466) ($3,163,466)

102.100-Pre-Kindergarten Program

Appropriation (HB 118)

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

$336,983,498 $336,983,498 $333,134,758 $333,639,096

Lottery Proceeds

$336,983,498 $336,983,498 $333,134,758 $333,639,096

TOTAL FEDERAL FUNDS

$617,823

$617,823

$617,823

$617,823

Child Care & Development Block Grant CFDA93.575

$113,953

$113,953

$113,953

$113,953

Federal Funds Not Itemized

$503,870

$503,870

$503,870

$503,870

TOTAL PUBLIC FUNDS

$337,601,321 $337,601,321 $333,752,581 $334,256,919

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.

1524

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS TOTAL FEDERAL FUNDS
Child Care & Development Block Grant CFDA93.575 TOTAL PUBLIC FUNDS

$0 $18,000,000 $18,000,000 $18,000,000

$0 $18,000,000 $18,000,000 $18,000,000

$0 $18,000,000 $18,000,000 $18,000,000

$0 $18,000,000 $18,000,000 $18,000,000

103.100-Quality Initiatives

Appropriation (HB 118)

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

$18,000,000 $18,000,000 $18,000,000 $18,000,000

Child Care & Development Block Grant CFDA93.575

$18,000,000 $18,000,000 $18,000,000 $18,000,000

TOTAL PUBLIC FUNDS

$18,000,000 $18,000,000 $18,000,000 $18,000,000

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

$39,581,672 $39,581,672
$20,244 $20,244 $39,601,916

$39,581,672 $39,581,672
$20,244 $20,244 $39,601,916

$39,581,672 $39,581,672
$20,244 $20,244 $39,601,916

$39,581,672 $39,581,672
$20,244 $20,244 $39,601,916

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
TOTAL PUBLIC FUNDS

Section Total - Final

$32,464,026 $32,070,512

$32,464,026 $32,070,512

$20,244

$20,244

$20,244

$20,244

$32,484,270 $32,090,756

$32,348,526 $32,348,526
$20,244 $20,244 $32,368,770

$32,129,026 $32,129,026
$20,244 $20,244 $32,149,270

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

$11,256,519 $11,256,519 $11,256,519

$11,256,519 $11,256,519 $11,256,519

$11,256,519 $11,256,519 $11,256,519

$11,256,519 $11,256,519 $11,256,519

104.1 Defer the FY09 cost of living adjustment.

State General Funds

($75,543)

($75,543)

($75,543)

($75,543)

104.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($279,178)

($299,741)

($299,741)

($299,741)

MONDAY, MARCH 9, 2009

1525

104.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$7,835

$7,835

$7,835

$7,835

104.4 Reduce funds from domestic and global marketing for advertising purchases, sponsorships, public relations contracts, website upgrades, and the implementation of the Living Room Concept for Biotechnology Industry Organization's Annual International Convention in 2009.

State General Funds

($1,074,959) ($1,074,959) ($1,074,959) ($1,074,959)

104.5 Reduce funds by eliminating one office administrative generalist position and one vacant marketing specialist position. (H and S:Reduce funds by eliminating one office administrative generalist position and four vacant marketing specialist positions)

State General Funds

($117,054)

($117,054)

($282,183)

($282,183)

104.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($100,000)

$0

$0

104.100-Business Recruitment and Expansion

Appropriation (HB 118)

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

$9,717,620

$9,597,057

$9,531,928

$9,531,928

State General Funds

$9,717,620

$9,597,057

$9,531,928

$9,531,928

TOTAL PUBLIC FUNDS

$9,717,620

$9,597,057

$9,531,928

$9,531,928

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

$6,232,628 $6,232,628 $6,232,628

$6,232,628 $6,232,628 $6,232,628

$6,232,628 $6,232,628 $6,232,628

$6,232,628 $6,232,628 $6,232,628

105.1 Defer the FY09 cost of living adjustment.

State General Funds

($43,533)

($43,533)

($43,533)

($43,533)

105.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($962)

($962)

($962)

($962)

105.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($227,013)

($243,733)

($243,733)

($243,733)

105.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$13,511

$13,511

$13,511

$13,511

105.5 Reduce funds for technology upgrades and the contract to clean fleet vehicles monthly.

1526

JOURNAL OF THE HOUSE

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

105.6 Reduce funds by eliminating one vacant graphics specialist, one vacant programmer position, one vacant executive director position, one vacant administrative position, and one vacant systems administrator position. (H and S:In addition, eliminate one vacant business operations position)

State General Funds

($373,000)

($373,000)

($467,437)

($467,437)

105.7 Reduce funds received in HB85 (FY06G) for the Georgia Shrimp Association. (H and S:Eliminate remaining funds)

State General Funds

($10,000)

($10,000)

($100,000)

($100,000)

105.8 Reduce funds received in HB85 (FY06G) for the branding campaign.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

105.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($100,000)

$0

$0

105.100-Departmental Administration

Appropriation (HB 118)

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

$5,016,631

$4,899,911

$4,815,474

$4,815,474

State General Funds

$5,016,631

$4,899,911

$4,815,474

$4,815,474

TOTAL PUBLIC FUNDS

$5,016,631

$4,899,911

$4,815,474

$4,815,474

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

$1,197,025 $1,197,025 $1,197,025

$1,197,025 $1,197,025 $1,197,025

$1,197,025 $1,197,025 $1,197,025

$1,197,025 $1,197,025 $1,197,025

106.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,345)

($6,345)

($6,345)

($6,345)

106.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($31,377)

($33,688)

($33,688)

($33,688)

106.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$235

$235

$235

$235

106.4 Reduce funds received in HB85 (FY06G) for expanded recorded music industry promotions, additional film industry advertising, and entertainment technology marketing.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

MONDAY, MARCH 9, 2009

1527

106.5 Reduce funds from advertisement placements, sponsorships, marketing events, and other promotional initiatives.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

106.100-Film, Video, and Music

Appropriation (HB 118)

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

$1,029,538

$1,027,227

$1,027,227

$1,027,227

State General Funds

$1,029,538

$1,027,227

$1,027,227

$1,027,227

TOTAL PUBLIC FUNDS

$1,029,538

$1,027,227

$1,027,227

$1,027,227

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

$1,932,504 $1,932,504 $1,932,504

$1,932,504 $1,932,504 $1,932,504

$1,932,504 $1,932,504 $1,932,504

$1,932,504 $1,932,504 $1,932,504

107.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,191)

($6,191)

($6,191)

($6,191)

107.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($29,639)

($31,822)

($31,822)

($31,822)

107.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$611

$611

$611

$611

107.4 Reduce funds from personnel.

State General Funds

($52,217)

($52,217)

($52,217)

($52,217)

107.5 Reduce funds from marketing for the Georgia Electronic Design Center. (H and S:Eliminate remaining funds)

State General Funds

($15,000)

($15,000)

($150,000)

($150,000)

107.6 Reduce one-time funds received in HB990 (FY09G) for the Herty Advanced Materials Development Center. (H and S:Reduce contract funds)

State General Funds

($200,000)

($200,000)

($100,000)

($100,000)

107.7 Reduce funds from contracts with Appalachian Community Enterprises for micro-enterprise loans.

State General Funds

($7,500)

($7,500)

($7,500)

($7,500)

107.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($108,370)

($108,370)

($108,370)

1528

JOURNAL OF THE HOUSE

107.100-Innovation and Technology

Appropriation (HB 118)

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

$1,622,568

$1,512,015

$1,477,015

$1,477,015

State General Funds

$1,622,568

$1,512,015

$1,477,015

$1,477,015

TOTAL PUBLIC FUNDS

$1,622,568

$1,512,015

$1,477,015

$1,477,015

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

$2,440,966 $2,440,966 $2,440,966

$2,440,966 $2,440,966 $2,440,966

$2,440,966 $2,440,966 $2,440,966

$2,440,966 $2,440,966 $2,440,966

108.1 Defer the FY09 cost of living adjustment.

State General Funds

($10,697)

($10,697)

($10,697)

($10,697)

108.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($51,194)

($54,965)

($54,965)

($54,965)

108.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,409

$1,409

$1,409

$1,409

108.4 Reduce funds by eliminating one vacant business operations position.

State General Funds

($55,420)

($55,420)

($55,420)

($55,420)

108.5 Reduce funds received in HB85 (FY06G) for international industry marketing.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

108.6 Reduce funds from marketing for trade show attendance.

State General Funds

($98,430)

($98,430)

($98,430)

($98,430)

108.100-International Relations and Trade

Appropriation (HB 118)

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

$2,026,634

$2,022,863

$2,022,863

$2,022,863

State General Funds

$2,026,634

$2,022,863

$2,022,863

$2,022,863

TOTAL PUBLIC FUNDS

$2,026,634

$2,022,863

$2,022,863

$2,022,863

MONDAY, MARCH 9, 2009

1529

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

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

109.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,376)

($8,376)

($8,376)

($8,376)

109.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($40,069)

($43,020)

($43,020)

($43,020)

109.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$845

$845

$845

$845

109.4 Reduce funds by eliminating one vacant business operations position.

State General Funds

($75,309)

($75,309)

($75,309)

($75,309)

109.100-Small and Minority Business Development

Appropriation (HB 118)

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

$835,995

$833,044

$833,044

$833,044

State General Funds

$835,995

$833,044

$833,044

$833,044

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

$856,239

$853,288

$853,288

$853,288

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

$13,460,178 $13,460,178 $13,460,178

$13,460,178 $13,460,178 $13,460,178

$13,460,178 $13,460,178 $13,460,178

$13,460,178 $13,460,178 $13,460,178

1530

JOURNAL OF THE HOUSE

110.1 Defer the FY09 cost of living adjustment.

State General Funds

($46,586)

($46,586)

($46,586)

($46,586)

110.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($226,855)

($243,564)

($243,564)

($243,564)

110.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$9,311

$9,311

$9,311

$9,311

110.4 Reduce funds by eliminating two positions.

State General Funds

($220,000)

($220,000)

($220,000)

($220,000)

110.5 Reduce funds from marketing for the Spring Campaign, the Marketing Co-Op Grant Program, the Tourism Product Development Program, the TechnoTourism e-Challenge Grant Program, foreign advertising, and conference and trade show attendance. (H and S:Partially restore funds for Tourism marketing)

State General Funds

($1,312,600) ($1,312,600)

($662,600)

($912,600)

110.6 Reduce funds from travel, training, and promotional items.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

110.7 Reduce funds received in HB95 (FY08G) for the Civil War Commemoration preparation and Resaca Battlefield development.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

110.8 Reduce funds from the Bainbridge welcome center ($9,833), Washington-Wilkes welcome center ($2,500), Statesboro and Woodstock convention and visitor bureaus ($4,000), and local welcome center contracts ($15,513).

State General Funds

($31,846)

($31,846)

($31,846)

($31,846)

110.9 Reduce funds from the Historic Chattahoochee Commission.

State General Funds

($2,500)

($2,500)

($25,000)

($2,500)

110.10 Reduce funds from the Warner Robins Air Force Museum.

State General Funds

($2,500)

($2,500)

($25,000)

($25,000)

110.11 Reduce funds from the contract with the Georgia Historical Society.

State General Funds

($6,000)

($6,000)

($6,000)

($30,000)

110.12 Reduce funds from the State Visitor Information Centers. (H and S:Reduce funds for State Visitor Information Centers (VIC) to realize savings from altering operating hours at VICs to a Thursday to Monday schedule and continue to fund operations for the Sylvania and Plains VICs)

State General Funds

($32,580)

($32,580)

($25,000)

($25,000)

110.13 Reduce funds received in HB990 (FY09G) from the Veteran's Wall of Honor.

State General Funds

($150,000)

($150,000)

110.100 -Tourism

Appropriation (HB 118)

MONDAY, MARCH 9, 2009

1531

The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures.

TOTAL STATE FUNDS

$10,588,022 $10,571,313 $11,033,893 $10,782,393

State General Funds

$10,588,022 $10,571,313 $11,033,893 $10,782,393

TOTAL PUBLIC FUNDS

$10,588,022 $10,571,313 $11,033,893 $10,782,393

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

111.1 Reduce funds from operations. State General Funds 111.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($5,000)

($5,000) ($450)

($5,000) ($450)

($5,000) ($450)

111.100-Civil War Commission

Appropriation (HB 118)

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

$45,000

$44,550

$44,550

$44,550

State General Funds

$45,000

$44,550

$44,550

$44,550

TOTAL PUBLIC FUNDS

$45,000

$44,550

$44,550

$44,550

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

112.1 Reduce funds from operations. State General Funds 112.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($5,000)

($5,000) ($450)

112.100-Payments to Aviation Hall of Fame

Appropriation (HB 118)

The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame.

($5,000) ($450)

($5,000) ($450)

1532

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$45,000 $45,000 $45,000

$44,550 $44,550 $44,550

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

$414,189 $414,189 $414,189

$414,189 $414,189 $414,189

$44,550 $44,550 $44,550
$414,189 $414,189 $414,189

$44,550 $44,550 $44,550
$414,189 $414,189 $414,189

113.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,901)

($2,901)

($2,901)

113.2 Reduce funds from operations. (S:Restore funds to enable the facility to remain open through the end of the fiscal year)

State General Funds

($150,000)

($150,000)

($150,000)

113.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($2,613)

($2,613)

113.100-Payments to Georgia Medical Center Authority

Appropriation (HB 118)

The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority.

TOTAL STATE FUNDS

$261,288

$258,675

State General Funds

$261,288

$258,675

TOTAL PUBLIC FUNDS

$261,288

$258,675

$258,675 $258,675 $258,675

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

$826,790 $826,790 $826,790

$826,790 $826,790 $826,790

$826,790 $826,790 $826,790

($2,901)
($118,000)
($2,613)
$290,675 $290,675 $290,675
$826,790 $826,790 $826,790

114.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,071)

($7,071)

($7,071)

($7,071)

114.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($30,448)

($32,691)

($32,691)

($32,691)

114.3 Reduce funds from operations.

State General Funds

($79,998)

($79,998)

($79,998)

($79,998)

MONDAY, MARCH 9, 2009

1533

114.4 Reduce funds received in HB990 (FY09G) for the Big House. State General Funds 114.5 Reduce funds to reflect the revised revenue estimate. State General Funds

($50,000)

($50,000) ($6,593)

($50,000) ($6,593)

114.100-Payments to Georgia Music Hall of Fame Authority

Appropriation (HB 118)

The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame.

TOTAL STATE FUNDS

$659,273

$650,437

State General Funds

$659,273

$650,437

TOTAL PUBLIC FUNDS

$659,273

$650,437

$650,437 $650,437 $650,437

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

$651,969 $651,969 $651,969

$651,969 $651,969 $651,969

$651,969 $651,969 $651,969

($50,000)
($6,593)
$650,437 $650,437 $650,437
$651,969 $651,969 $651,969

115.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,960)

($3,960)

($3,960)

($3,960)

115.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($19,305)

($20,727)

($20,727)

($20,727)

115.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,785

$1,785

$1,785

$1,785

115.4 Reduce funds from operations.

State General Funds

($88,032)

($88,032)

($88,032)

($88,032)

115.5 Reduce one-time funds received in HB95 (FY08G) for operations.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

115.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,175)

($5,175)

($5,175)

115.100-Payments to Georgia Sports Hall of Fame Authority

Appropriation (HB 118)

The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame.

1534

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$517,457 $517,457 $517,457

$510,860 $510,860 $510,860

Payments to Golf Hall Of Fame Authority

Continuation Budget

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

$110,000 $110,000 $110,000

$110,000 $110,000 $110,000

$510,860 $510,860 $510,860
$110,000 $110,000 $110,000

$510,860 $510,860 $510,860
$110,000 $110,000 $110,000

116.1 Reduce funds from operations. State General Funds 116.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($11,000)

($11,000) ($990)

($11,000) ($990)

($11,000) ($990)

116.100-Payments to Golf Hall Of Fame Authority

Appropriation (HB 118)

The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame.

TOTAL STATE FUNDS

$99,000

$98,010

State General Funds

$99,000

$98,010

TOTAL PUBLIC FUNDS

$99,000

$98,010

$98,010 $98,010 $98,010

$98,010 $98,010 $98,010

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

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991
$18,384,254 $979,240
$9,853,645,621

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991 $18,384,254
$979,240 $9,853,645,621

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991
$18,384,254 $979,240
$9,853,645,621

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240
$9,853,645,621

TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs
TOTAL FEDERAL FUNDS

Section Total - Final $7,703,946,140 $7,504,189,274 $7,516,668,014 $7,316,911,148
$187,278,126 $187,278,126 $1,631,199,767 $1,631,199,767

$7,503,823,423 $7,316,545,297
$187,278,126 $1,776,517,223

$7,505,369,703 $7,318,091,577
$187,278,126 $1,776,517,223

MONDAY, MARCH 9, 2009

1535

American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS

$1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240
$9,361,993,990

$1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240
$9,162,237,124

$145,317,456 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991 $18,384,254
$979,240 $9,307,188,729

$145,317,456 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991 $18,384,254
$979,240 $9,308,735,009

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 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 State General Funds
TOTAL PUBLIC FUNDS

$5,244,353 $5,244,353 $5,244,353

$5,244,353 $5,244,353 $5,244,353

$5,244,353 $5,244,353 $5,244,353

$5,244,353 $5,244,353 $5,244,353

117.1 Defer the FY09 cost of living adjustment.

State General Funds

($27,261)

($27,261)

($27,261)

($27,261)

117.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($83,397)

($115,982)

($115,982)

($115,982)

117.3 Reduce funds from the Academic Coach activity.

State General Funds

($893,710)

($893,710)

($893,710)

($893,710)

117.4 Reduce funds from operations and realize savings from seven vacant math and science mentors.

State General Funds

($661,780)

($661,780)

($661,780)

($661,780)

117.5 Eliminate funds for Mentor Teachers.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

117.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($67,128)

($67,128)

($67,128)

117.100-Academic Coach Program

Appropriation (HB 118)

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.

1536

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,378,205 $3,378,205 $3,378,205

$3,278,492 $3,278,492 $3,278,492

$3,278,492 $3,278,492 $3,278,492

$3,278,492 $3,278,492 $3,278,492

Agricultural Education

Continuation Budget

The purpose of this appropriation is to provide students with competencies to make them aware of the importance of the agricultural industry and develop skills

to prepare them for the world of work.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201

118.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009)

State General Funds

($255,801)

($355,747)

($255,747)

($255,747)

118.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($111,742)

$0

$0

118.3 Reduce funds from Food Processing Plants.

State General Funds

($50,000)

($50,000)

118.4 Reduce funds from the Area Teacher Program.

State General Funds

($50,294)

($50,294)

118.5 Reduce funds from Extended Day/Year programs.

State General Funds

($92,282)

($92,282)

118.6 Reduce funds from Young Farmer programs.

State General Funds

($82,842)

($82,842)

118.7 Reduce funds from Youth Camp programs.

State General Funds

($14,681)

($14,681)

118.100-Agricultural Education

Appropriation (HB 118)

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.

MONDAY, MARCH 9, 2009

1537

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$8,729,821 $8,729,821
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,396,400

$8,518,133 $8,518,133
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,184,712

$8,439,776 $8,439,776
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,106,355

$8,439,776 $8,439,776
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,106,355

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

$41,124,236 $41,124,236 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

$41,124,236 $41,124,236 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

$41,124,236 $41,124,236 $53,696,847 $53,696,847
$7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

$41,124,236 $41,124,236 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

119.1 Defer the FY09 cost of living adjustment.

State General Funds

($435,111)

($435,111)

($435,111)

($435,111)

119.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,098,884) ($1,528,237) ($1,528,237) ($1,528,237)

119.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$99,016

$99,016

$99,016

$99,016

119.4 Reduce funds from forty vacant positions.

State General Funds

($1,910,869) ($1,910,869) ($1,910,869) ($1,910,869)

119.5 Reduce funds from operations.

1538

JOURNAL OF THE HOUSE

State General Funds

($755,634)

119.6 Reduce funds from contracts.

State General Funds

($1,227,565)

119.7 Eliminate funds for Teacher Liability Insurance effective February 1, 2009.

State General Funds

($136,364)

119.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($755,634) ($1,227,565)
($136,364) ($456,434)

($755,634) ($1,227,565)
($136,364) ($456,434)

($755,634) ($1,227,565)
($136,364) ($456,434)

119.100-Central Office

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$35,658,825 $34,773,038 $34,773,038

State General Funds

$35,658,825 $34,773,038 $34,773,038

TOTAL FEDERAL FUNDS

$53,696,847 $53,696,847 $53,696,847

Federal Funds Not Itemized

$53,696,847 $53,696,847 $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

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

$97,187,873 $96,302,086 $96,302,086

$34,773,038 $34,773,038 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $96,302,086

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

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

120.1 Reduce funds from facility grants. State General Funds 120.2 Reduce funds from planning grants.

($50,000)

($50,000)

($50,000)

($50,000)

MONDAY, MARCH 9, 2009

1539

State General Funds

($25,000)

($25,000)

120.3 Reduce funds by eliminating two temporary positions at the Georgia Charter School Commission.

State General Funds

($200,001)

($200,001)

120.4 Reduce funds from implementation grants by providing two grants instead of five.

State General Funds

($375,000)

($375,000)

120.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($36,226)

($25,000) ($200,001) ($375,000)
$0

($25,000) ($200,001) ($375,000)
$0

120.100-Charter Schools

Appropriation (HB 118)

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

$2,830,192

$2,793,966

$2,830,192

$2,830,192

State General Funds

$2,830,192

$2,793,966

$2,830,192

$2,830,192

TOTAL FEDERAL FUNDS

$7,365,691

$7,365,691

$7,365,691

$7,365,691

Federal Funds Not Itemized

$7,365,691

$7,365,691

$7,365,691

$7,365,691

TOTAL PUBLIC FUNDS

$10,195,883 $10,159,657 $10,195,883 $10,195,883

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

$1,320,623 $1,320,623 $1,320,623

$1,320,623 $1,320,623 $1,320,623

$1,320,623 $1,320,623 $1,320,623

$1,320,623 $1,320,623 $1,320,623

121.1 Reduce funds by 10%. State General Funds 121.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($132,062)

($132,062) ($15,214)

($132,062) ($15,214)

($132,062) ($15,214)

121.100-Communities in Schools

Appropriation (HB 118)

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.

1540

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,188,561 $1,188,561 $1,188,561

$1,173,347 $1,173,347 $1,173,347

$1,173,347 $1,173,347 $1,173,347

$1,173,347 $1,173,347 $1,173,347

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

$1,574,833 $1,574,833 $1,574,833

$1,574,833 $1,574,833 $1,574,833

$1,574,833 $1,574,833 $1,574,833

$1,574,833 $1,574,833 $1,574,833

122.1 Reduce funds from contracts by 10%. State General Funds 122.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($121,553)

($121,553) ($18,602)

($121,553) ($74,833)

($121,553) ($74,833)

122.100-Curriculum Development

Appropriation (HB 118)

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

$1,453,280

$1,434,678

$1,378,447

$1,378,447

State General Funds

$1,453,280

$1,434,678

$1,378,447

$1,378,447

TOTAL PUBLIC FUNDS

$1,453,280

$1,434,678

$1,378,447

$1,378,447

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

$53,174,636 $53,174,636 $53,174,636

$53,174,636 $53,174,636 $53,174,636

$53,174,636 $53,174,636 $53,174,636

$53,174,636 $53,174,636 $53,174,636

123.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,717,087) ($2,387,982) ($2,387,982) ($2,387,982)

123.2 Reduce funds from Graduation Coaches based on the actual number of coaches.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

123.3 Reduce funds from the spring training session for graduation coaches.

State General Funds

($33,333)

($33,333)

($33,333)

($33,333)

123.4 Eliminate the Junior Reserve Officer Training Corps (JROTC) start-up activity.

State General Funds

($240,000)

($240,000)

($240,000)

($240,000)

MONDAY, MARCH 9, 2009

1541

123.100-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 118)

$50,184,216 $50,184,216 $50,184,216

$49,513,321 $49,513,321 $49,513,321

$49,513,321 $49,513,321 $49,513,321

$49,513,321 $49,513,321 $49,513,321

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 $1,024,026,289 $1,024,026,289 $1,024,026,289

$0 $1,024,026,289 $1,024,026,289 $1,024,026,289

$0 $1,024,026,289 $1,024,026,289 $1,024,026,289

$0 $1,024,026,289 $1,024,026,289 $1,024,026,289

124.100-Federal Programs

Appropriation (HB 118)

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

$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

$384,375 $384,375 $384,375

$384,375 $384,375 $384,375

$384,375 $384,375 $384,375

$384,375 $384,375 $384,375

125.1 Eliminate funds. State General Funds

($384,375)

($384,375)

($384,375)

($384,375)

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 $8,351,576 $8,351,576 $8,351,576

$0 $0 $8,351,576 $8,351,576 $8,351,576

$0 $0 $8,351,576 $8,351,576 $8,351,576

$0 $0 $8,351,576 $8,351,576 $8,351,576

126.100-Georgia Learning Resources System

Appropriation (HB 118)

1542

JOURNAL OF THE 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.

TOTAL FEDERAL FUNDS

$8,351,576

$8,351,576

$8,351,576

$8,351,576

Federal Funds Not Itemized

$8,351,576

$8,351,576

$8,351,576

$8,351,576

TOTAL PUBLIC FUNDS

$8,351,576

$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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,123,362 $4,123,362
$722,213 $722,213 $722,213 $4,845,575

$4,123,362 $4,123,362
$722,213 $722,213 $722,213 $4,845,575

$4,123,362 $4,123,362
$722,213 $722,213 $722,213 $4,845,575

$4,123,362 $4,123,362
$722,213 $722,213 $722,213 $4,845,575

127.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($264,632)

($368,028)

($368,028)

($368,028)

127.2 Increase funds for an additional 1,500 courses.

Revenue Shortfall Reserve for K-12 Needs

$930,180

$930,180

$930,180

$930,180

127.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($61,298)

($61,298)

($61,298)

127.100-Georgia Virtual School

Appropriation (HB 118)

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

$4,788,910

$4,624,216

$4,624,216

$4,624,216

State General Funds

$3,858,730

$3,694,036

$3,694,036

$3,694,036

Revenue Shortfall Reserve for K-12 Needs

$930,180

$930,180

$930,180

$930,180

TOTAL AGENCY FUNDS

$722,213

$722,213

$722,213

$722,213

Sales and Services

$722,213

$722,213

$722,213

$722,213

Sales and Services Not Itemized

$722,213

$722,213

$722,213

$722,213

TOTAL PUBLIC FUNDS

$5,511,123

$5,346,429

$5,346,429

$5,346,429

Georgia Youth Science and Technology

Continuation Budget

MONDAY, MARCH 9, 2009

1543

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

$250,000 $250,000 $250,000

$250,000 $250,000 $250,000

$250,000 $250,000 $250,000

$250,000 $250,000 $250,000

128.1 Reduce funds to reflect the revised revenue estimate. State General Funds

($3,200)

$0

($3,200)

128.100-Georgia Youth Science and Technology

Appropriation (HB 118)

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

$250,000

$246,800

$250,000

$246,800

State General Funds

$250,000

$246,800

$250,000

$246,800

TOTAL PUBLIC FUNDS

$250,000

$246,800

$250,000

$246,800

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,443,893 $1,443,893 $1,443,893

$1,443,893 $1,443,893 $1,443,893

$1,443,893 $1,443,893 $1,443,893

$1,443,893 $1,443,893 $1,443,893

129.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,483)

($7,483)

($7,483)

($7,483)

129.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($22,892)

($31,836)

($31,836)

($31,836)

129.3 Reduce funds from contracts.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

129.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($17,133)

$0

($17,133)

129.100-Governor's Honors Program

Appropriation (HB 118)

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.

1544

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,338,518 $1,338,518 $1,338,518

$1,312,441 $1,312,441 $1,312,441

$1,329,574 $1,329,574 $1,329,574

$1,312,441 $1,312,441 $1,312,441

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

$7,217,319 $7,217,319 $7,217,319

$7,217,319 $7,217,319 $7,217,319

$7,217,319 $7,217,319 $7,217,319

$7,217,319 $7,217,319 $7,217,319

130.1 Reduce funds from contracts to begin to phase out the Education Technology Training Centers (ETTCs).

State General Funds

($368,231)

($368,231)

130.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($87,668)

($368,231) $0

($368,231) ($87,668)

130.100-Information Technology Services

Appropriation (HB 118)

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

$6,849,088

$6,761,420

$6,849,088

$6,761,420

State General Funds

$6,849,088

$6,761,420

$6,849,088

$6,761,420

TOTAL PUBLIC FUNDS

$6,849,088

$6,761,420

$6,849,088

$6,761,420

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

131.100-National Board Certification

Appropriation (HB 118)

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 $12,294,628

State General Funds

$12,294,628 $12,294,628 $12,294,628 $12,294,628

TOTAL PUBLIC FUNDS

$12,294,628 $12,294,628 $12,294,628 $12,294,628

National Science Center and Foundation

Continuation Budget

MONDAY, MARCH 9, 2009

1545

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

$750,000 $750,000 $750,000

$750,000 $750,000 $750,000

$750,000 $750,000 $750,000

$750,000 $750,000 $750,000

132.1 Reduce funds to reflect the revised revenue estimate. State General Funds 132.2 Reduce funds by 10%. State General Funds

($9,600)

($37,500)

$0 ($75,000)

132.100-National Science Center and Foundation

Appropriation (HB 118)

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

$750,000

$740,400

$712,500

$675,000

State General Funds

$750,000

$740,400

$712,500

$675,000

TOTAL PUBLIC FUNDS

$750,000

$740,400

$712,500

$675,000

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

$28,625,373 $28,625,373 $28,625,373

$28,625,373 $28,625,373 $28,625,373

$28,625,373 $28,625,373 $28,625,373

$28,625,373 $28,625,373 $28,625,373

133.1 Reduce funds from the Migrant Education grants. State General Funds 133.2 Reduce funds from the Sparsity grants. State General Funds 133.3 Reduce funds from Georgia Special Needs Scholarship grants. State General Funds 133.4 Reduce funds from the Special Education - Low Incidence grants. State General Funds 133.5 Reduce funds from classroom cards based on actual expenditures. State General Funds

($10,396) ($254,098) ($113,135) ($16,534) ($85,000)

($10,396) ($254,098) ($113,135) ($16,534)
($85,000)

($10,396) ($254,098) ($113,135) ($16,534) ($285,000)

($10,396) ($254,098) ($113,135) ($16,534) ($285,000)

1546

JOURNAL OF THE HOUSE

133.6 Reduce funds from Residential Treatment Facilities grants. State General Funds 133.7 Reduce funds to reflect the revised revenue estimate. State General Funds

($80,225)

($80,225) ($218,965)

($80,225) ($18,965)

($80,225) ($18,965)

133.100-Non Quality Basic Education Formula Grants

Appropriation (HB 118)

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

$28,065,985 $27,847,020 $27,847,020 $27,847,020

State General Funds

$28,065,985 $27,847,020 $27,847,020 $27,847,020

TOTAL PUBLIC FUNDS

$28,065,985 $27,847,020 $27,847,020 $27,847,020

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

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

134.100 -Nutrition

Appropriation (HB 118)

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

$39,823,217 $39,823,217 $39,823,217 $39,823,217

State General Funds

$39,823,217 $39,823,217 $39,823,217 $39,823,217

TOTAL FEDERAL FUNDS

$468,889,537 $468,889,537 $468,889,537 $468,889,537

Federal Funds Not Itemized

$468,889,537 $468,889,537 $468,889,537 $468,889,537

TOTAL PUBLIC FUNDS

$508,712,754 $508,712,754 $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

$30,358,072 $30,358,072 $30,358,072

$30,358,072 $30,358,072 $30,358,072

$30,358,072 $30,358,072 $30,358,072

$30,358,072 $30,358,072 $30,358,072

MONDAY, MARCH 9, 2009

1547

135.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009)

State General Funds

($796,138) ($1,107,203) ($1,107,203) ($1,107,203)

135.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($378,393)

$0

$0

135.100-Preschool Handicapped

Appropriation (HB 118)

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

$29,561,934 $28,872,476 $29,250,869 $29,250,869

State General Funds

$29,561,934 $28,872,476 $29,250,869 $29,250,869

TOTAL PUBLIC FUNDS

$29,561,934 $28,872,476 $29,250,869 $29,250,869

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

$170,943,051 $170,943,051 $170,943,051

$170,943,051 $170,943,051 $170,943,051

$170,943,051 $170,943,051 $170,943,051

$170,943,051 $170,943,051 $170,943,051

136.100-Pupil Transportation

Appropriation (HB 118)

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

$170,943,051 $170,943,051 $170,943,051 $170,943,051

State General Funds

$170,943,051 $170,943,051 $170,943,051 $170,943,051

TOTAL PUBLIC FUNDS

$170,943,051 $170,943,051 $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

$548,529,543 $548,529,543 $548,529,543

$548,529,543 $548,529,543 $548,529,543

$548,529,543 $548,529,543 $548,529,543

$548,529,543 $548,529,543 $548,529,543

137.1 Increase funds for the mid-term adjustment. Revenue Shortfall Reserve for K-12 Needs

$7,978,389

$7,978,389

$7,978,389

$7,978,389

1548

JOURNAL OF THE HOUSE

137.100-Quality Basic Education Equalization

Appropriation (HB 118)

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

$556,507,932 $556,507,932 $556,507,932 $556,507,932

State General Funds

$548,529,543 $548,529,543 $548,529,543 $548,529,543

Revenue Shortfall Reserve for K-12 Needs

$7,978,389

$7,978,389

$7,978,389

$7,978,389

TOTAL PUBLIC FUNDS

$556,507,932 $556,507,932 $556,507,932 $556,507,932

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

($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786)

138.1 Decrease funds for school systems with declining tax digests. State General Funds

$1,069,218

$1,069,218

$1,069,218

$1,069,218

138.100-Quality Basic Education Local Five Mill Share

Appropriation (HB 118)

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

($1,689,780,568) ($1,689,780,568) ($1,689,780,568) ($1,689,780,568)

State General Funds

($1,689,780,568) ($1,689,780,568) ($1,689,780,568) ($1,689,780,568)

TOTAL PUBLIC FUNDS

($1,689,780,568) ($1,689,780,568) ($1,689,780,568) ($1,689,780,568)

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

$8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299

139.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009)

State General Funds

($250,729,622) ($348,693,969) ($348,693,969) ($348,693,969)

139.2 Reduce funds from the Quality Basic Education (QBE) funding formula by 2%.

State General Funds

($135,799,719) ($135,799,719) ($135,799,719) ($135,799,719)

MONDAY, MARCH 9, 2009

1549

139.3 Reduce funds from additional QBE enhancements. (H and S:Replace with funds from the American Recovery and Reinvestment Act fiscal stabilization funds based on Georgia's compliance with maintaining FY06 funding levels and other required assurances and pending the approval of the Governor's application for funding)

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($50,000,000)

($50,000,000)

($50,000,000) $50,000,000
$0

($50,000,000) $50,000,000
$0

139.4 Increase funds for the mid-term adjustment to account for an enrollment growth of 0.23%.

Revenue Shortfall Reserve for K-12 Needs

$77,871,275 $77,871,275 $77,871,275 $77,871,275

139.5 Increase funds for dual enrollment courses. (H and S:Utilize QBE hold harmless funding)

Revenue Shortfall Reserve for K-12 Needs

$1,390,960

$1,390,960

$0

$0

139.6 Replace funds.

State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS

($99,107,322) $99,107,322
$0

($99,107,322) ($100,198,282)

$99,107,322 $100,198,282

$0

$0

($98,215,965) $98,215,965
$0

139.7 Reduce funds to reflect the revised revenue estimate. (H and S:Replace with funds from the American Recovery and Reinvestment Act fiscal stabilization funds based on Georgia's compliance with maintaining FY06 funding levels and other required assurances and pending the approval of the Governor's application for funding)

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($95,317,456)

($95,317,456) $95,317,456
$0

($95,317,456) $95,317,456
$0

139.8 Increase funds to correct an error in Tift County Public Schools consumer price index (CPI) data. (S:Increase funds for middle school adjustment waivers in White County ($75,499) and mandatory QBE adjustments for charter systems ($1,906,818))

Revenue Shortfall Reserve for K-12 Needs

$300,000

$2,282,317

139.100-Quality Basic Education Program

Appropriation (HB 118)

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

$8,123,568,193 $7,930,286,390 $7,929,195,430 $7,931,177,747

State General Funds

$7,945,198,636 $7,751,916,833 $7,750,825,873 $7,752,808,190

Revenue Shortfall Reserve for K-12 Needs

$178,369,557 $178,369,557 $178,369,557 $178,369,557

TOTAL FEDERAL FUNDS

$145,317,456 $145,317,456

American Recovery and Reinvestment Act of 2009

$145,317,456 $145,317,456

TOTAL PUBLIC FUNDS

$8,123,568,193 $7,930,286,390 $8,074,512,886 $8,076,495,203

Regional Education Service Agencies

Continuation Budget

The purpose of this appropriation is to provide Georgia's 16 Regional Education Service Agencies with shared services to improve the effectiveness of

educational programs and services to local school systems.

1550

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$12,408,840 $12,408,840 $12,408,840

$12,408,840 $12,408,840 $12,408,840

$12,408,840 $12,408,840 $12,408,840

$12,408,840 $12,408,840 $12,408,840

140.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009)

State General Funds

($368,015)

($511,805)

($511,805)

($511,805)

140.2 Reduce funds by 10%.

State General Funds

($1,240,884) ($1,240,884) ($1,240,884) ($1,240,884)

140.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($138,239)

$0

$0

140.100-Regional Education Service Agencies

Appropriation (HB 118)

The purpose of this appropriation is to provide Georgia's 16 Regional Education Service Agencies with shared services to improve the effectiveness of

educational programs and services to local school systems.

TOTAL STATE FUNDS

$10,799,941 $10,517,912 $10,656,151 $10,656,151

State General Funds

$10,799,941 $10,517,912 $10,656,151 $10,656,151

TOTAL PUBLIC FUNDS

$10,799,941 $10,517,912 $10,656,151 $10,656,151

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

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

141.1 Defer the FY09 cost of living adjustment.

State General Funds

($140,581)

($140,581)

($140,581)

($140,581)

141.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($430,068)

($598,103)

($598,103)

($598,103)

141.3 Reduce funds from five vacant positions.

MONDAY, MARCH 9, 2009

1551

State General Funds 141.4 Reduce funds to reflect the revised revenue estimate. State General Funds

($500,000)

($500,000) ($116,747)

($500,000) ($500,000)

($500,000) ($500,000)

141.100-School Improvement

Appropriation (HB 118)

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

$9,120,884

$8,836,102

$8,452,849

$8,452,849

State General Funds

$9,120,884

$8,836,102

$8,452,849

$8,452,849

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

$9,220,884

$8,936,102

$8,552,849

$8,552,849

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

$30,000,000 $30,000,000 $30,000,000

142.100-School Nurses

Appropriation (HB 118)

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 $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

$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

143.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009)

1552

JOURNAL OF THE HOUSE

State General Funds 143.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($1,969,137) ($2,738,512) ($2,738,512) ($2,738,512)

($881,622)

($100,000)

($100,000)

143.100-Severely Emotionally Disturbed

Appropriation (HB 118)

The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities.

TOTAL STATE FUNDS

$68,876,738 $67,225,741 $68,007,363

State General Funds

$68,876,738 $67,225,741 $68,007,363

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

$82,236,596 $80,585,599 $81,367,221

$68,007,363 $68,007,363 $13,359,858 $13,359,858 $81,367,221

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

$257,462,021 $257,462,021 $19,445,076
$19,445,076 $276,907,097

$257,462,021 $257,462,021 $19,445,076
$19,445,076 $276,907,097

$257,462,021 $257,462,021 $19,445,076 $19,445,076 $276,907,097

$257,462,021 $257,462,021 $19,445,076 $19,445,076 $276,907,097

144.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009)

State General Funds

($124,432,029) ($124,432,029) ($124,432,029) ($124,432,029)

144.100-State Interagency Transfers

Appropriation (HB 118)

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

$133,029,992 $133,029,992 $133,029,992 $133,029,992

State General Funds

$133,029,992 $133,029,992 $133,029,992 $133,029,992

TOTAL FEDERAL FUNDS

$19,445,076 $19,445,076 $19,445,076 $19,445,076

Federal Funds Not Itemized

$19,445,076 $19,445,076 $19,445,076 $19,445,076

TOTAL PUBLIC FUNDS

$152,475,068 $152,475,068 $152,475,068 $152,475,068

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

$23,357,809 $23,357,809 $1,649,199

$23,357,809 $23,357,809 $1,649,199

$23,357,809 $23,357,809
$1,649,199

$23,357,809 $23,357,809 $1,649,199

MONDAY, MARCH 9, 2009

1553

Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008

$716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008

$716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008

$716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008

145.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009)

State General Funds

($572,839)

($796,657)

($796,657)

($796,657)

145.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($291,648)

$0

$0

145.100-State Schools

Appropriation (HB 118)

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

$22,784,970 $22,269,504 $22,561,152 $22,561,152

State General Funds

$22,784,970 $22,269,504 $22,561,152 $22,561,152

TOTAL AGENCY FUNDS

$1,649,199

$1,649,199

$1,649,199

$1,649,199

Contributions, Donations, and Forfeitures

$716,484

$716,484

$716,484

$716,484

Contributions, Donations, and Forfeitures Not Itemized

$716,484

$716,484

$716,484

$716,484

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

$24,434,169 $23,918,703 $24,210,351 $24,210,351

Technology/Career Education

Continuation Budget

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

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

1554

JOURNAL OF THE HOUSE

146.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009)

State General Funds

($204,364)

($284,212)

($284,212)

($284,212)

146.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($212,385)

$0

$0

146.3 Reduce funds from High Schools That Work.

State General Funds

($28,500)

($28,500)

146.4 Reduce funds from Vocational Industry Certification.

State General Funds

($212,385)

($212,385)

146.5 Reduce funds from Youth Apprenticeship grants.

State General Funds

($214,082)

($214,082)

146.6 Reduce funds from Vocational Supervisors.

State General Funds

($178,391)

($178,391)

146.100-Technology/Career Education

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$16,592,608 $16,300,375 $15,879,402

State General Funds

$16,592,608 $16,300,375 $15,879,402

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

$51,870,848 $51,578,615 $51,157,642

$15,879,402 $15,879,402 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $51,157,642

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

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

147.1 Reduce funds from State-Mandated Testing. State General Funds

($444,860)

($444,860)

($444,860)

($444,860)

MONDAY, MARCH 9, 2009

1555

147.2 Reduce funds from SAT Preparation contracts. State General Funds 147.3 Reduce funds to reflect the revised revenue estimate. State General Funds 147.4 Reduce funds from Advanced Placement tests for private schools. State General Funds

($100,000)

($100,000) ($290,536)

($100,000) $0
($354,075)

($100,000) ($290,536) ($354,075)

147.100 -Testing

Appropriation (HB 118)

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

$22,698,160 $22,407,624 $22,344,085 $22,053,549

State General Funds

$22,698,160 $22,407,624 $22,344,085 $22,053,549

TOTAL FEDERAL FUNDS

$13,664,544 $13,664,544 $13,664,544 $13,664,544

Federal Funds Not Itemized

$13,664,544 $13,664,544 $13,664,544 $13,664,544

TOTAL PUBLIC FUNDS

$36,362,704 $36,072,168 $36,008,629 $35,718,093

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

148.1 Reduce funds to reflect the revised revenue estimate. State General Funds

($21,233)

$0

$0

148.100-Tuition for Multi-Handicapped

Appropriation (HB 118)

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

$1,637,626

$1,658,859

$1,658,859

State General Funds

$1,658,859

$1,637,626

$1,658,859

$1,658,859

TOTAL PUBLIC FUNDS

$1,658,859

$1,637,626

$1,658,859

$1,658,859

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,627.04. 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

Section Total - Continuation

1556

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

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

$7,151,826

$7,151,826

$7,151,826

$7,151,826

$2,929,619

$2,929,619

$2,929,619

$2,929,619

$17,601,599 $17,601,599

$17,601,599 $17,601,599

$27,683,044 $27,683,044

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

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 $2,929,619 $2,929,619 $2,929,619 $2,929,619

$0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619

$0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619

$0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619

149.100-Deferred Compensation

Appropriation (HB 118)

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

$2,929,619

$2,929,619

$2,929,619

$2,929,619

Sales and Services

$2,929,619

$2,929,619

$2,929,619

$2,929,619

Sales and Services Not Itemized

$2,929,619

$2,929,619

$2,929,619

$2,929,619

TOTAL PUBLIC FUNDS

$2,929,619

$2,929,619

$2,929,619

$2,929,619

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

$1,323,024 $1,323,024 $1,323,024

$1,323,024 $1,323,024 $1,323,024

$1,323,024 $1,323,024 $1,323,024

$1,323,024 $1,323,024 $1,323,024

MONDAY, MARCH 9, 2009

1557

150.100-Georgia Military Pension Fund

Appropriation (HB 118)

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

$1,323,024 $1,323,024 $1,323,024

Public School Employees Retirement System

Continuation Budget

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

151.100-Public School Employees Retirement System

Appropriation (HB 118)

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

$5,828,802

$5,828,802

$5,828,802

$5,828,802

State General Funds

$5,828,802

$5,828,802

$5,828,802

$5,828,802

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$287,500

$287,500

$287,500

$287,500

State Funds Transfers

$287,500

$287,500

$287,500

$287,500

Retirement Payments

$287,500

$287,500

$287,500

$287,500

TOTAL PUBLIC FUNDS

$6,116,302

$6,116,302

$6,116,302

$6,116,302

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.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

152.100-System Administration

Appropriation (HB 118)

The purpose of this appropriation is to collect employee and employer contributions, invest the accumulated funds, and disburse retirement benefits to members

and beneficiaries.

1558

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$17,314,099 $17,314,099 $17,314,099 $17,314,099

$17,314,099 $17,314,099 $17,314,099 $17,314,099

$17,314,099 $17,314,099 $17,314,099 $17,314,099

$17,314,099 $17,314,099 $17,314,099 $17,314,099

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

$39,265,053 $39,265,053 $8,610,055 $8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

$39,265,053 $39,265,053 $8,610,055
$8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

$39,265,053 $39,265,053
$8,610,055 $8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

$39,265,053 $39,265,053 $8,610,055
$8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

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

$33,562,638 $33,089,232

$33,562,638 $33,089,232

$8,610,055

$8,610,055

$8,610,055

$8,610,055

$5,626,650

$5,626,650

$125,000

$125,000

$13,000

$13,000

$5,488,650

$5,488,650

$47,799,343 $47,325,937

$33,254,732 $33,254,732 $8,610,055 $8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $47,491,437

$33,490,358 $33,490,358 $8,610,055 $8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $47,727,063

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

$4,606,407 $4,606,407
$8,872 $8,872

$4,606,407 $4,606,407
$8,872 $8,872

$4,606,407 $4,606,407
$8,872 $8,872

$4,606,407 $4,606,407
$8,872 $8,872

MONDAY, MARCH 9, 2009

1559

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$8,872 $4,615,279

$8,872 $4,615,279

$8,872 $4,615,279

$8,872 $4,615,279

153.1 Defer the FY09 cost of living adjustment.

State General Funds

($31,966)

($31,966)

($31,966)

($31,966)

153.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($165,960)

($179,058)

($179,058)

($179,058)

153.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$54,656

$54,656

$54,656

$54,656

153.4 Reduce funds from operations.

State General Funds

($36,812)

($36,812)

($36,812)

($36,812)

153.5 Reduce funds designated for one training officer position and fund with existing federal funds.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

153.6 Reduce funds and replace with fees retained from existing federal grants to landowners.

State General Funds

($218,711)

($218,711)

($218,711)

($218,711)

153.7 Reduce funds from a vacant maintenance position at the Macon headquarters.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

153.8 Reduce funds by eliminating various contracts.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

153.9 Reduce one-time funds received in HB1027 (FY07G) to construct a garage for a Georgia Bureau of Investigation (GBI) bomb truck.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

153.10 Reduce one-time funds received in HB1027 (FY07G) to purchase six fire engines.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

153.11 Reduce funds from travel.

State General Funds

($11,906)

($11,906)

($11,906)

($11,906)

153.100-Commission Administration

Appropriation (HB 118)

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

$3,870,708

$3,857,610

$3,857,610

$3,857,610

State General Funds

$3,870,708

$3,857,610

$3,857,610

$3,857,610

TOTAL AGENCY FUNDS

$8,872

$8,872

$8,872

$8,872

1560

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,872 $8,872 $3,879,580

$8,872 $8,872 $3,866,482

$8,872 $8,872 $3,866,482

$8,872 $8,872 $3,866,482

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

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

154.1 Defer the FY09 cost of living adjustment.

State General Funds

($30,391)

($30,391)

($30,391)

($30,391)

154.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($271,987)

($293,452)

($293,452)

($293,452)

154.3 Reduce funds from travel.

State General Funds

($28,600)

($28,600)

($28,600)

($28,600)

154.4 Reduce funds by eliminating one vacant forest marketing position.

State General Funds

($63,000)

($63,000)

($63,000)

($63,000)

154.5 Reduce funds by eliminating one vacant urban forester position for the Metro-Atlanta region.

State General Funds

($77,886)

($77,886)

($77,886)

($77,886)

154.6 Reduce funds by eliminating one vacant educational forest coordinator position at the Bartram Forest.

State General Funds

($49,587)

($49,587)

($49,587)

($49,587)

154.7 Reduce funds from the forest inventory program by eliminating two vacant forester positions.

State General Funds

($22,600)

($22,600)

($22,600)

($22,600)

154.8 Reduce funds designated for vehicle purchases.

MONDAY, MARCH 9, 2009

1561

State General Funds

($49,587)

($49,587)

($49,587)

154.9 Reduce funds by eliminating three temporary day labor positions and suspending operations at the Brender Demonstration Forest.

State General Funds

($20,000)

($20,000)

($20,000)

154.10 Reduce funds by hiring all positions on a temporary basis for three months.

State General Funds

($4,000)

($4,000)

($4,000)

154.11 Reduce funds from operations.

State General Funds

($5,917)

($5,917)

($5,917)

154.12 Reduce funds from personnel.

State General Funds

($135,626)

($49,587) ($20,000)
($4,000) ($5,917)
$0

154.100-Forest Management

Appropriation (HB 118)

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

$3,239,986

$3,218,521

$3,082,895

$3,218,521

State General Funds

$3,239,986

$3,218,521

$3,082,895

$3,218,521

TOTAL FEDERAL FUNDS

$6,555,882

$6,555,882

$6,555,882

$6,555,882

Federal Funds Not Itemized

$6,555,882

$6,555,882

$6,555,882

$6,555,882

TOTAL AGENCY FUNDS

$707,587

$707,587

$707,587

$707,587

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

$582,587

$582,587

$582,587

$582,587

Sales and Services Not Itemized

$582,587

$582,587

$582,587

$582,587

TOTAL PUBLIC FUNDS

$10,503,455 $10,481,990 $10,346,364 $10,481,990

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$30,850,411 $30,850,411 $1,964,173 $1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

$30,850,411 $30,850,411 $1,964,173
$1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

$30,850,411 $30,850,411
$1,964,173 $1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

$30,850,411 $30,850,411 $1,964,173
$1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

1562

JOURNAL OF THE HOUSE

155.1 Defer the FY09 cost of living adjustment.

State General Funds

($236,666)

($236,666)

($236,666)

($236,666)

155.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($22,372)

($22,372)

($22,372)

($22,372)

155.3 Defer salary adjustments for critical jobs.

State General Funds

($42,845)

($42,845)

($42,845)

($42,845)

155.4 Defer special adjustments to selected job classes.

State General Funds

($929,960)

($929,960)

($929,960)

($929,960)

155.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,300,950) ($1,403,622) ($1,403,622) ($1,403,622)

155.6 Reduce funds by eliminating one vacant administrative assistant position at the Macon Fabrication Shop.

State General Funds

($38,480)

($38,480)

($38,480)

($38,480)

155.7 Reduce funds by eliminating four temporary mitigation clerks.

State General Funds

($38,801)

($38,801)

($38,801)

($38,801)

155.8 Reduce funds received in HB990 (FY09G) for one helicopter pilot position.

State General Funds

($24,238)

($24,238)

($24,238)

($24,238)

155.9 Reduce funds for four and a half fire control positions and fund with existing federal funds.

State General Funds

($166,209)

($166,209)

($166,209)

($166,209)

155.10 Reduce funds for two welder positions and fund with existing federal funds.

State General Funds

($42,000)

($42,000)

($42,000)

($42,000)

155.11 Reduce funds from travel.

State General Funds

($49,728)

($49,728)

($49,728)

($49,728)

155.12 Reduce funds designated for vehicle purchases.

State General Funds

($389,000)

($389,000)

($389,000)

($389,000)

155.13 Reduce funds and replace with fees charged to landowners, rural fire departments, and other groups.

State General Funds

($420,840)

($420,840)

($360,840)

($360,840)

155.14 Reduce funds and consolidate four County Fire Control Units.

State General Funds

($29,600)

($29,600)

($29,600)

($29,600)

155.15 Reduce funds received in HB990 (FY09G) for one aviation maintenance inspection position.

State General Funds

($81,768)

($81,768)

($81,768)

($81,768)

MONDAY, MARCH 9, 2009

1563

155.16 Reduce funds by hiring all positions on a temporary basis for three months.

State General Funds

($68,000)

155.17 Reduce funds by eliminating various contracts.

State General Funds

($25,000)

155.18 Reduce funds from operations.

State General Funds

($332,854)

155.19 Reduce funds by eliminating 124 Commission-issued cell phones for fire control personnel.

State General Funds

($41,300)

155.20 Reduce funds to reflect the revised revenue estimate.

State General Funds

($68,000) ($25,000) ($332,854) ($41,300) ($335,626)

($68,000) ($25,000) ($327,354) ($41,300) ($100,000)

($68,000) ($25,000) ($327,354) ($41,300)
$0

155.100-Forest Protection

Appropriation (HB 118)

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

$26,569,800 $26,131,502 $26,432,628 $26,532,628

State General Funds

$26,569,800 $26,131,502 $26,432,628 $26,532,628

TOTAL FEDERAL FUNDS

$1,964,173

$1,964,173

$1,964,173

$1,964,173

Federal Funds Not Itemized

$1,964,173

$1,964,173

$1,964,173

$1,964,173

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

$32,018,084 $31,579,786 $31,880,912 $31,980,912

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$123,287 $123,287
$20,000 $20,000 $74,580 $74,580 $74,580 $217,867

$123,287 $123,287
$20,000 $20,000 $74,580 $74,580 $74,580 $217,867

$123,287 $123,287
$20,000 $20,000 $74,580 $74,580 $74,580 $217,867

$123,287 $123,287 $20,000
$20,000 $74,580 $74,580 $74,580 $217,867

1564

JOURNAL OF THE HOUSE

156.1 Defer the FY09 cost of living adjustment.

State General Funds

($653)

($653)

($653)

($653)

156.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($6,897)

($7,442)

($7,442)

($7,442)

156.3 Reduce funds by eliminating one vacant tree orchard supervisor position and one vacant tree nursery worker position.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

156.4 Reduce funds and offset by increasing prices for seed sales.

State General Funds

($15,000)

($15,000)

($15,000)

($15,000)

156.100-Tree Improvement

Appropriation (HB 118)

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

$60,737

$60,192

$60,192

$60,192

State General Funds

$60,737

$60,192

$60,192

$60,192

TOTAL FEDERAL FUNDS

$20,000

$20,000

$20,000

$20,000

Federal Funds Not Itemized

$20,000

$20,000

$20,000

$20,000

TOTAL AGENCY FUNDS

$74,580

$74,580

$74,580

$74,580

Sales and Services

$74,580

$74,580

$74,580

$74,580

Sales and Services Not Itemized

$74,580

$74,580

$74,580

$74,580

TOTAL PUBLIC FUNDS

$155,317

$154,772

$154,772

$154,772

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

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

157.100-Tree Seedling Nursery

Appropriation (HB 118)

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)

($178,593)

State General Funds

($178,593)

($178,593)

($178,593)

($178,593)

MONDAY, MARCH 9, 2009

1565

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section 25: Governor, Office of the
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

Section Total - Continuation

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

Section Total - Final

$51,032,762 $50,452,520

$51,032,762 $50,452,520

$43,764,158 $43,764,158

$43,514,158 $43,514,158

$250,000

$250,000

$2,343,959

$2,343,959

$10,000

$10,000

$500,000

$500,000

$100,000

$100,000

$983,306

$983,306

$561,056

$561,056

$189,597

$189,597

$147,325

$147,325

$49,861,339 $49,861,339 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325

$50,211,839 $50,211,839 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325

1566

JOURNAL OF THE HOUSE

State Funds Transfers TOTAL PUBLIC FUNDS

$147,325 $97,288,204

$147,325 $96,707,962

$147,325 $96,116,781

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

$4,448,905 $4,448,905
$659,400 $659,400
$10,000 $10,000 $10,000 $5,118,305

$4,448,905 $4,448,905
$659,400 $659,400
$10,000 $10,000 $10,000 $5,118,305

$4,448,905 $4,448,905
$659,400 $659,400
$10,000 $10,000 $10,000 $5,118,305

$147,325 $96,467,281
$4,448,905 $4,448,905
$659,400 $659,400 $10,000
$10,000 $10,000 $5,118,305

158.1 Defer the FY09 cost of living adjustment.

State General Funds

($4,286)

($4,286)

($4,286)

($4,286)

158.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($20,384)

($21,886)

($21,886)

($21,886)

158.3 Reduce funds from grants and benefits to non-profit arts and cultural organizations.

State General Funds

($397,585)

($397,585)

($397,585)

($397,585)

158.4 Reduce funds from operations.

State General Funds

($25,731)

($25,731)

($25,731)

($25,731)

158.5 Reduce funds from personnel.

State General Funds

($8,125)

($8,125)

($8,125)

($8,125)

158.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($39,928)

($39,928)

($39,928)

158.100-Arts, Georgia Council for the

Appropriation (HB 118)

The purpose of this appropriation is to provide general operation support and project support grants for art organizations.

TOTAL STATE FUNDS

$3,992,794

$3,951,364

$3,951,364

State General Funds

$3,992,794

$3,951,364

$3,951,364

TOTAL FEDERAL FUNDS

$659,400

$659,400

$659,400

Federal Funds Not Itemized

$659,400

$659,400

$659,400

TOTAL AGENCY FUNDS

$10,000

$10,000

$10,000

Contributions, Donations, and Forfeitures

$10,000

$10,000

$10,000

$3,951,364 $3,951,364
$659,400 $659,400
$10,000 $10,000

MONDAY, MARCH 9, 2009

1567

Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS

$10,000 $4,662,194

$10,000 $4,620,764

$10,000 $4,620,764

$10,000 $4,620,764

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

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

159.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,959)

($7,959)

($7,959)

($7,959)

159.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($48,651)

($52,235)

($52,235)

($52,235)

159.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$28,747

$28,747

$28,747

$28,747

159.4 Reduce funds from statewide needs and resource assessment.

State General Funds

($70,000)

($70,000)

($70,000)

($70,000)

159.5 Reduce funds by eliminating a vacant executive secretary position.

State General Funds

($38,507)

($38,507)

($38,507)

($38,507)

159.6 Reduce funds from operations.

State General Funds

($926)

($926)

($926)

($926)

159.7 Reduce funds from contracts.

State General Funds

($25,452)

($25,452)

($25,452)

($25,452)

159.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($10,363)

($10,363)

($10,363)

1568

JOURNAL OF THE HOUSE

159.100-Child Advocate, Office of the

Appropriation (HB 118)

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

$1,036,263

$1,022,316

$1,022,316

$1,022,316

State General Funds

$1,036,263

$1,022,316

$1,022,316

$1,022,316

TOTAL FEDERAL FUNDS

$179,558

$179,558

$179,558

$179,558

Federal Funds Not Itemized

$179,558

$179,558

$179,558

$179,558

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

$1,215,846

$1,201,899

$1,201,899

$1,201,899

Children and Families, Governor's Office for
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

Continuation Budget

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

160.1 Defer the FY09 cost of living adjustment.

State General Funds

($13,114)

($13,114)

($13,114)

($13,114)

160.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($13,990)

($15,020)

($15,020)

($15,020)

160.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$11,483

$11,483

$11,483

$11,483

160.4 Reduce funds from grants based on utilization and grantee non-performance of standards.

State General Funds

($1,014,756) ($1,014,756) ($1,014,756) ($1,014,756)

160.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($84,584)

($84,584)

($84,584)

160.99 SAC: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. House: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Gov Rev: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

MONDAY, MARCH 9, 2009

1569

Governor: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

State General Funds

$0

$0

$0

$0

160.100-Children and Families, Governor's Office for

Appropriation (HB 118)

The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

TOTAL STATE FUNDS

$8,458,404

$8,372,790

$8,372,790

$8,372,790

State General Funds

$8,458,404

$8,372,790

$8,372,790

$8,372,790

TOTAL FEDERAL FUNDS

$7,206,237

$7,206,237

$7,206,237

$7,206,237

Federal Funds Not Itemized

$6,956,237

$6,956,237

$6,956,237

$6,956,237

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 PUBLIC FUNDS

$15,664,641 $15,579,027 $15,579,027 $15,579,027

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 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

$8,581,217 $8,581,217 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

$8,581,217 $8,581,217 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

$8,581,217 $8,581,217 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

$8,581,217 $8,581,217 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

161.1 Defer the FY09 cost of living adjustment.

State General Funds

($70,766)

($70,766)

($70,766)

($70,766)

161.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($488)

($488)

($488)

($488)

161.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($337,879)

($362,765)

($362,765)

($362,765)

161.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$38,177

$38,177

$38,177

$38,177

1570

JOURNAL OF THE HOUSE

161.5 Reduce funds and defer filling seven positions funded in HB990 (FY09G) to staff the "1-800-Georgia" call center.

State General Funds

($300,000)

($300,000)

($300,000)

161.6 Eliminate funds for the Consumers' Utility Counsel and four positions by December 31, 2008.

State General Funds

($260,695)

($260,695)

($260,695)

161.7 Reduce funds from the Consumer Protection Division.

State General Funds

($51,884)

($51,884)

($51,884)

161.8 Reduce funds from customer-service related contracts and workplace satisfaction surveys.

State General Funds

($335,342)

($335,342)

($335,342)

161.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($72,623)

($72,623)

($300,000) ($260,695) ($51,884) ($335,342) ($72,623)

161.100-Consumer Affairs, Governor's Office of

Appropriation (HB 118)

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

$7,262,340

$7,164,831

$7,164,831

$7,164,831

State General Funds

$7,262,340

$7,164,831

$7,164,831

$7,164,831

TOTAL AGENCY FUNDS

$1,572,903

$1,572,903

$1,572,903

$1,572,903

Rebates, Refunds, and Reimbursements

$983,306

$983,306

$983,306

$983,306

Rebates, Refunds, and Reimbursements Not Itemized

$983,306

$983,306

$983,306

$983,306

Sales and Services

$400,000

$400,000

$400,000

$400,000

Sales and Services Not Itemized

$400,000

$400,000

$400,000

$400,000

Sanctions, Fines, and Penalties

$189,597

$189,597

$189,597

$189,597

Sanctions, Fines, and Penalties Not Itemized

$189,597

$189,597

$189,597

$189,597

TOTAL PUBLIC FUNDS

$8,835,243

$8,737,734

$8,737,734

$8,737,734

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

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000

MONDAY, MARCH 9, 2009

1571

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

$160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

$160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

$160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

162.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,803)

($17,803)

($17,803)

($17,803)

162.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($99,872)

($107,228)

($107,228)

($107,228)

162.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$78,751

$78,751

$78,751

$78,751

162.4 Reduce funds designated for the Director's salary that is now fully funded by the Office of Homeland Security.

State General Funds

($173,541)

($173,541)

($173,541)

($173,541)

162.5 Reduce funds by eliminating an administrative position in the Operations Division.

State General Funds

($48,234)

($48,234)

($48,234)

($48,234)

162.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($21,453)

($21,453)

($21,453)

162.100-Emergency Management Agency, Georgia

Appropriation (HB 118)

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

$2,145,349

$2,116,540

$2,116,540

$2,116,540

State General Funds

$2,145,349

$2,116,540

$2,116,540

$2,116,540

TOTAL FEDERAL FUNDS

$29,703,182 $29,703,182 $29,703,182 $29,703,182

Federal Funds Not Itemized

$29,703,182 $29,703,182 $29,703,182 $29,703,182

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

1572

JOURNAL OF THE HOUSE

Agency to Agency Contracts TOTAL PUBLIC FUNDS

$147,325 $32,656,387

$147,325 $32,627,578

$147,325 $32,627,578

$147,325 $32,627,578

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

$712,490 $712,490 $407,000 $407,000 $1,119,490

$712,490 $712,490 $407,000 $407,000 $1,119,490

$712,490 $712,490 $407,000 $407,000 $1,119,490

$712,490 $712,490 $407,000 $407,000 $1,119,490

163.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,599)

($6,599)

($6,599)

($6,599)

163.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($32,291)

($34,670)

($34,670)

($34,670)

163.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,954

$5,954

$5,954

$5,954

163.4 Reduce funds and defer filling an intake coordinator position in the Equal Employment Division.

State General Funds

($45,717)

($45,717)

($45,717)

($45,717)

163.5 Reduce funds from operations.

State General Funds

($17,745)

($17,745)

($17,745)

($17,745)

163.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($6,161)

($6,161)

($6,161)

163.100-Equal Opportunity, Georgia Commission on

Appropriation (HB 118)

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

$616,092

$607,552

$607,552

$607,552

State General Funds

$616,092

$607,552

$607,552

$607,552

TOTAL FEDERAL FUNDS

$407,000

$407,000

$407,000

$407,000

Federal Funds Not Itemized

$407,000

$407,000

$407,000

$407,000

TOTAL PUBLIC FUNDS

$1,023,092

$1,014,552

$1,014,552

$1,014,552

MONDAY, MARCH 9, 2009

1573

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

164.100-Governor's Emergency Fund

Appropriation (HB 118)

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

$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

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

165.1 Defer the FY09 cost of living adjustment.

State General Funds

($52,950)

($52,950)

($52,950)

($52,950)

165.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($252,715)

($271,329)

($271,329)

($271,329)

165.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$11,801

$11,801

$11,801

$11,801

165.4 Reduce funds from operations.

State General Funds

($571,550)

($571,550)

($571,550)

($571,550)

165.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($71,319)

$0

$0

165.6 Reduce one-time funds received in HB95 (FY08G) for the Governor's Litigation Fund.

1574

JOURNAL OF THE HOUSE

State General Funds

($537,500)

($187,000)

165.100-Governor's Office

Appropriation (HB 118)

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

$7,131,884

$7,041,951

$6,575,770

$6,926,270

State General Funds

$7,131,884

$7,041,951

$6,575,770

$6,926,270

TOTAL FEDERAL FUNDS

$5,196,851

$5,196,851

$5,196,851

$5,196,851

Federal Funds Not Itemized

$5,196,851

$5,196,851

$5,196,851

$5,196,851

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

$12,428,735 $12,338,802 $11,872,621 $12,223,121

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

$527,932 $527,932 $527,932

$527,932 $527,932 $527,932

$527,932 $527,932 $527,932

$527,932 $527,932 $527,932

166.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,213)

($6,213)

($6,213)

($6,213)

166.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($21,148)

($22,706)

($22,706)

($22,706)

166.3 Reduce funds and defer filling one secretary position.

State General Funds

($71,121)

($71,121)

($71,121)

($71,121)

166.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,295)

($4,295)

($4,295)

166.100-Office of Homeland Security

Appropriation (HB 118)

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

$429,450

$423,597

$423,597

$423,597

State General Funds

$429,450

$423,597

$423,597

$423,597

TOTAL PUBLIC FUNDS

$429,450

$423,597

$423,597

$423,597

MONDAY, MARCH 9, 2009

1575

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

$829,079 $829,079 $829,079

$829,079 $829,079 $829,079

$829,079 $829,079 $829,079

$829,079 $829,079 $829,079

167.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,391)

($7,391)

($7,391)

($7,391)

167.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($37,957)

($40,753)

($40,753)

($40,753)

167.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,016

$1,016

$1,016

$1,016

167.4 Reduce funds related to investigations.

State General Funds

($95,650)

($95,650)

($95,650)

($95,650)

167.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($6,891)

($6,891)

($6,891)

167.100-Office of the State Inspector General

Appropriation (HB 118)

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

$689,097

$679,410

$679,410

$679,410

State General Funds

$689,097

$679,410

$679,410

$679,410

TOTAL PUBLIC FUNDS

$689,097

$679,410

$679,410

$679,410

Planning and Budget, Governor's Office of

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$9,584,234 $9,584,234 $9,584,234

$9,584,234 $9,584,234 $9,584,234

$9,584,234 $9,584,234 $9,584,234

$9,584,234 $9,584,234 $9,584,234

168.1 Defer the FY09 cost of living adjustment. State General Funds

($81,224)

($81,224)

($81,224)

($81,224)

1576

JOURNAL OF THE HOUSE

168.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($363,762)

($390,553)

($390,553)

($390,553)

168.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$82,907

$85,919

$85,919

$85,919

168.4 Reduce funds from operations.

State General Funds

($694,047)

($694,047)

($694,047)

($694,047)

168.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($85,279)

($85,279)

($85,279)

168.100-Planning and Budget, Governor's Office of

Appropriation (HB 118)

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

$8,528,108

$8,419,050

$8,419,050

$8,419,050

State General Funds

$8,528,108

$8,419,050

$8,419,050

$8,419,050

TOTAL PUBLIC FUNDS

$8,528,108

$8,419,050

$8,419,050

$8,419,050

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

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

169.1 Defer the FY09 cost of living adjustment.

State General Funds

($65,065)

($65,065)

($65,065)

($65,065)

169.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($309,954)

($332,784)

($332,784)

($332,784)

169.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$72,872

$72,872

$72,872

$72,872

MONDAY, MARCH 9, 2009

1577

169.4 Eliminate funds from the Georgia Teacher Alternative Preparation Program (TAPP) grants.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

169.5 Reduce funds from vacant positions, contracts to promote awareness and increase compliance, and training and teacher recruitment efforts.

State General Funds

($115,258)

($115,258)

($115,258)

($115,258)

169.6 Eliminate funds for National Board Certified Teacher (NBCT) reimbursements offered to teachers who successfully achieve national certification the first time they apply.

State General Funds

($36,000)

($36,000)

($36,000)

($36,000)

169.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($62,703)

($62,703)

($62,703)

169.100-Professional Standards Commission, Georgia

Appropriation (HB 118)

The purpose of this appropriation is to direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

TOTAL STATE FUNDS

$6,270,336

$6,184,803

$6,184,803

$6,184,803

State General Funds

$6,270,336

$6,184,803

$6,184,803

$6,184,803

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

$6,682,766

$6,597,233

$6,597,233

$6,597,233

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

$1,274,456 $1,274,456 $1,274,456

$1,274,456 $1,274,456 $1,274,456

$1,274,456 $1,274,456 $1,274,456

$1,274,456 $1,274,456 $1,274,456

170.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,381)

($11,381)

($11,381)

($11,381)

170.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($58,769)

($63,098)

($63,098)

($63,098)

170.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,922

$5,922

$5,922

$5,922

170.4 Reduce funds from personnel. (H and S:Provide for an additional reduction based on projected lapse)

1578

JOURNAL OF THE HOUSE

State General Funds 170.5 Reduce funds from contracts. State General Funds

($150,000) ($57,159)

($150,000) ($57,159)

($275,000) ($57,159)

($275,000) ($57,159)

170.100-Student Achievement, Office of

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$1,003,069

$998,740

State General Funds

$1,003,069

$998,740

TOTAL PUBLIC FUNDS

$1,003,069

$998,740

$873,740 $873,740 $873,740

$873,740 $873,740 $873,740

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 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

Section Total - Continuation

$1,661,556,492 $1,631,202,946
$28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056

$1,661,556,492 $1,631,202,946
$28,384,553 $1,968,993
$1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157
$341,717,402 $79,966,009 $270,015,763 $33,877,056

$1,661,556,492 $1,631,202,946
$28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056

$1,661,556,492 $1,631,202,946
$28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962 $59,700,314 $4,404,431 $55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056

MONDAY, MARCH 9, 2009

1579

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 Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$12,918,884 $8,256,945
$221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117
$201,039 $3,658,047,322

$12,918,884 $8,256,945
$221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117
$201,039 $3,658,047,322

$12,918,884 $8,256,945
$221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117
$201,039 $3,658,047,322

$12,918,884 $8,256,945
$221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117
$201,039 $3,658,047,322

Section Total - Final

$1,460,245,251 $1,414,753,334

$1,430,041,705 $1,384,549,788

$28,234,553 $28,234,553

$1,968,993

$1,968,993

$1,707,112,711 $1,747,427,065

$94,424,439 $94,424,439

$66,243,783 $66,243,783

$13,130,623 $13,130,623

$17,191,338 $17,191,338

$711,067,632 $711,067,632

$80,440,913 $80,440,913

$24,910,040 $24,910,040

$20,877,386 $20,877,386

$122,793,690 $163,108,044

$59,700,314 $59,700,314

$4,404,431

$4,404,431

$54,993,799 $54,993,799

$368,024,967 $368,024,967

$68,909,356 $68,909,356

$270,015,763 $270,015,763

$33,877,056 $33,877,056

$12,918,884 $12,918,884

$8,256,945

$8,256,945

$221,036

$221,036

$2,729,126

$2,729,126

$212,012,716 $212,012,716

$5,887,156

$5,887,156

$5,686,117

$5,686,117

$1,411,861,977 $1,381,658,431
$28,234,553 $1,968,993 $1,757,493,806 $94,424,439 $66,243,783 $13,130,623 $17,402,038 $721,367,922 $80,591,161 $24,910,040 $20,877,386 $172,793,690 $59,700,314 $4,404,431 $54,993,799 $357,744,824 $68,909,356 $270,015,763 $33,877,056 $12,918,884 $8,256,945
$221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117

$1,407,258,413 $1,376,904,867
$28,384,553 $1,968,993 $1,765,679,777 $94,424,439 $66,243,783 $13,130,623 $17,402,038 $713,405,223 $83,338,699 $24,910,040 $20,877,386 $175,914,679 $59,700,314 $4,404,431 $54,993,799 $368,024,967 $68,909,356 $270,015,763 $33,877,056 $12,918,884 $8,256,945
$221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117

1580

JOURNAL OF THE HOUSE

Federal Funds Transfers TOTAL PUBLIC FUNDS

$201,039

$201,039

$201,039

$201,039

$3,443,260,881 $3,438,083,318 $3,445,258,702 $3,448,841,109

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

$20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972
$353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

$20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972
$353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

$20,563,284 $15,498,107
$5,065,177 $38,527,728 $17,796,605
$1,230,972 $353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

$20,563,284 $15,498,107
$5,065,177 $38,527,728 $17,796,605
$1,230,972 $353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

171.1 Defer the FY09 cost of living adjustment.

State General Funds

($337,275)

($337,275)

($337,275)

($337,275)

171.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($51,963)

($51,963)

($51,963)

($51,963)

171.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,837,422) ($1,972,756) ($1,972,756) ($1,972,756)

171.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,046

$1,046

$1,046

$1,046

171.5 Reduce funds from Family Planning programmatic aid, clinic sites, outreach, teen centers, youth development programs, and unobligated purchase of service dollars.

Temporary Assistance for Needy Families Grant CFDA93.558

($7,500,000) ($7,500,000) ($7,500,000) ($7,500,000)

171.6 Reduce funds from operations.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

171.7 Reduce funds from nutrition education.

MONDAY, MARCH 9, 2009

1581

State General Funds

($122,759)

($122,759)

($122,759)

171.8 Reduce funds from prostate cancer education provided by the Regional Cancer Coalitions.

State General Funds

($85,000)

($85,000)

($85,000)

171.9 Eliminate funds for the coordinated school health outreach programs.

Maternal & Child Health Services Block Grant CFDA93.994

($510,802)

($510,802)

($510,802)

171.10 Reduce funds by eliminating seven vacant public health positions.

State General Funds

($776,562)

($776,562)

($776,562)

171.11 Reduce funds by eliminating two filled state office positions and eighteen filled district health promotion coordinator positions.

State General Funds

($473,428)

($473,428)

($473,428)

171.12 Reduce funds for one position and fund with existing federal funds.

State General Funds

($49,879)

($49,879)

($49,879)

171.13 Reduce funds received in HB95 (FY08G) for the Diabetes Care Coalition.

State General Funds

($175,000)

($175,000)

($175,000)

171.14 Reduce funds received in HB990 (FY09G) for the Helen Keller National Center.

State General Funds

($229,513)

($229,513)

($229,513)

171.15 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%.

State General Funds

($238,908)

($238,908)

($119,454)

171.16 Reduce funds by furloughing employees.

State General Funds

($38,030)

($38,030)

($38,030)

171.17 Increase funds for general grant-in-aid sent to districts and local county boards of health.

State General Funds

$2,000,000

($122,759) ($85,000) ($510,802) ($776,562) ($473,428) ($49,879) ($175,000) ($229,513) ($119,454) ($38,030)
$0

171.100-Adolescent and Adult Health Promotion

Appropriation (HB 118)

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

$16,098,591 $15,963,257 $18,082,711 $16,082,711

State General Funds

$11,033,414 $10,898,080 $13,017,534 $11,017,534

Tobacco Settlement Funds

$5,065,177

$5,065,177

$5,065,177

$5,065,177

TOTAL FEDERAL FUNDS

$30,516,926 $30,516,926 $30,516,926 $30,516,926

Federal Funds Not Itemized

$17,796,605 $17,796,605 $17,796,605 $17,796,605

Maternal & Child Health Services Block Grant CFDA93.994

$720,170

$720,170

$720,170

$720,170

Medical Assistance Program CFDA93.778

$353,240

$353,240

$353,240

$353,240

Preventive Health & Health Services Block Grant CFDA93.991

$41,694

$41,694

$41,694

$41,694

Temporary Assistance for Needy Families

$11,605,217 $11,605,217 $11,605,217 $11,605,217

Temporary Assistance for Needy Families Grant CFDA93.558

$11,605,217 $11,605,217 $11,605,217 $11,605,217

1582

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$270,000 $270,000 $270,000 $46,885,517

$270,000 $270,000 $270,000 $46,750,183

$270,000 $270,000 $270,000 $48,869,637

$270,000 $270,000 $270,000 $46,869,637

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 Foster Care Title IV-E CFDA93.658 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

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

172.1 Defer the FY09 cost of living adjustment.

State General Funds

($23,332)

($23,332)

($23,332)

($23,332)

172.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($127,107)

($136,469)

($136,469)

($136,469)

172.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,206

$1,206

$1,206

$1,206

172.4 Transfer funds from the Child Welfare Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month for the remaining nine months of the fiscal year.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$1,200,000 $1,471,047 $2,671,047

$1,200,000 $1,471,047 $2,671,047

$1,200,000 $1,471,047 $2,671,047

$1,200,000 $1,471,047 $2,671,047

172.5 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($2,317,444) $2,317,444
$0

MONDAY, MARCH 9, 2009

1583

172.100-Adoption Services

Appropriation (HB 118)

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

$36,619,409 $36,610,047 $36,610,047 $34,292,603

State General Funds

$36,619,409 $36,610,047 $36,610,047 $34,292,603

TOTAL FEDERAL FUNDS

$51,682,564 $51,682,564 $51,682,564 $54,000,008

Federal Funds Not Itemized

$39,471,499 $39,471,499 $39,471,499 $41,788,943

Foster Care Title IV-E CFDA93.658

$211,065

$211,065

$211,065

$211,065

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

$88,346,973 $88,337,611 $88,337,611 $88,337,611

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 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

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683
$824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683
$824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683
$824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683
$824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782 $100,628,448

173.1 Defer the FY09 cost of living adjustment.

State General Funds

($525,607)

($525,607)

($525,607)

($525,607)

173.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($2,863,421) ($3,074,324) ($3,074,324) ($3,074,324)

173.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

1584

JOURNAL OF THE HOUSE

State General Funds

$783

$783

$783

$783

173.4 Reduce funds from new provider training and quality compliance audits of Mental Health, Developmental Disabilities, and Addictive Disease (MHDDAD) providers.

State General Funds

($66,000)

($66,000)

($66,000)

($66,000)

173.5 Reduce funds to reflect a one-time refund from the Employees Retirement System resulting from employees leaving prior to end of the fiscal year.

State General Funds

($1,676,941) ($1,676,941) ($1,676,941) ($1,676,941)

173.6 Reduce funds by furloughing employees.

State General Funds

($4,680)

($4,680)

($4,680)

($4,680)

173.7 Reduce funds and defer funding received in HB990 (FY09G) for the Bridges of Hope.

State General Funds

($12,000)

($12,000)

($12,000)

($12,000)

173.8 Reduce funds by eliminating provider training on standards of practice and quality service delivery and provider training on the treatment of cooccurring disorders.

State General Funds

($34,030)

($34,030)

($34,030)

($34,030)

173.9 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($61,117)

($61,117)

($61,117)

($61,117)

173.10 Reduce funds received in HB990 (FY09G) and defer the expansion of substance abuse and outpatient behavioral health services for the Hope House.

State General Funds

($350,000)

($350,000)

($350,000)

($350,000)

173.11 Reduce funds from the United Way Regional Commission for addictive disease services at the Gateway Center in Atlanta.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

173.12 Eliminate funds for opioid maintenance therapy that will result in a dollar for dollar reduction of federal matching funds.

State General Funds

($1,568,628) ($1,568,628) ($1,568,628) ($1,568,628)

173.13 Reduce funds from consumer and family assistance by 60% for non-medically necessary services to support transitions from institutions to communities reflecting the historical utilization trends of the program.

State General Funds

($119,388)

($119,388)

($119,388)

($119,388)

173.14 Reduce funds from supported employment for non-medically necessary services for addictive disease consumers and sustain the program with available federal funds.

State General Funds

($301,476)

($301,476)

($301,476)

($301,476)

173.15 Reduce funds for the provision of methamphetamine addiction services in northwest Georgia as treatment can be obtained through other community services.

State General Funds

($671,387)

($671,387)

($671,387)

($671,387)

173.16 Reduce funds from core and specialty services.

State General Funds

($1,271,318) ($1,271,318) ($1,271,318) ($1,271,318)

173.17 Reduce funds from various contracted community services.

MONDAY, MARCH 9, 2009

1585

State General Funds

($400,000)

173.18 Reduce funds.

Temporary Assistance for Needy Families Grant CFDA93.558

($3,283,200)

173.19 Reduce funds from Pardons and Paroles outpatient substance abuse services.

Prevention & Treatment of Substance Abuse Grant CFDA93.959

($1,180,145)

($400,000) ($3,283,200) ($1,180,145)

($400,000) ($3,283,200) ($1,180,145)

($400,000) ($3,283,200) ($1,180,145)

173.100-Adult Addictive Diseases Services

Appropriation (HB 118)

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

$37,966,037 $37,755,134 $37,755,134 $37,755,134

State General Funds

$37,966,037 $37,755,134 $37,755,134 $37,755,134

TOTAL FEDERAL FUNDS

$47,398,953 $47,398,953 $47,398,953 $47,398,953

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$28,808,470 $28,808,470 $28,808,470 $28,808,470

Temporary Assistance for Needy Families

$18,590,483 $18,590,483 $18,590,483 $18,590,483

Temporary Assistance for Needy Families Grant CFDA93.558

$18,590,483 $18,590,483 $18,590,483 $18,590,483

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

$86,189,893 $85,978,990 $85,978,990 $85,978,990

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
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$204,977,518 $194,722,380
$10,255,138 $45,031,225
$422,008 $13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

$204,977,518 $194,722,380 $10,255,138 $45,031,225
$422,008 $13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

$204,977,518 $194,722,380 $10,255,138 $45,031,225
$422,008 $13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

$204,977,518 $194,722,380 $10,255,138 $45,031,225
$422,008 $13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

1586

JOURNAL OF THE HOUSE

174.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,507,563) ($1,507,563) ($1,507,563) ($1,507,563)

174.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($8,212,969) ($8,817,889) ($8,817,889) ($8,817,889)

174.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$52,456

$52,456

$52,456

$52,456

174.4 Reduce funds by furloughing employees.

State General Funds

($187,590)

($187,590)

($187,590)

($187,590)

174.5 Reduce funds from new provider training and quality compliance audits.

State General Funds

($401,367)

($401,367)

($401,367)

($401,367)

174.6 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($13,403)

($13,403)

($13,403)

($13,403)

174.7 Reduce funds received in HB990 (FY09G) and defer the Mental Retardation Waiver Program 3% provider rate increase.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($716,892) ($1,225,905) ($1,942,797)

($716,892) ($1,225,905) ($1,942,797)

($716,892) ($1,225,905) ($1,942,797)

($716,892) ($1,225,905) ($1,942,797)

174.8 Reduce and defer funds received in HB990 (FY09G) for Oral Health Resources.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

174.9 Reduce funds to reflect a one-time refund from the Employees Retirement System resulting from employees leaving prior to end of the fiscal year.

State General Funds

($1,416,110) ($1,416,110) ($1,416,110) ($1,416,110)

174.10 Reduce funds from various contracts.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

174.11 Reduce funds received in HB990 (FY09G) for 135 Mental Retardation Waiver Program (MRWP) slots. (S:Restore MRWP funds to cover expenses related to Temporary Immediate Care (TIC) patients)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,397,910) ($1,397,910) ($1,397,910)

$0

($2,590,421) ($2,590,421) ($2,590,421)

$0

($3,988,331) ($3,988,331) ($3,988,331)

$0

174.12 Reduce funds designated for vehicle purchases.

State General Funds

($1,283,942) ($1,283,942) ($1,283,942) ($1,283,942)

174.13 Reduce funds.

Temporary Assistance for Needy Families Grant CFDA93.558

($332,485)

($332,485)

($332,485)

($332,485)

MONDAY, MARCH 9, 2009

1587

174.14 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($16,026,287) $16,026,287
$0

($19,876,652) $19,876,652
$0

($19,876,652) $19,876,652
$0

174.100-Adult Developmental Disabilities Services

Appropriation (HB 118)

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

$189,342,228 $172,711,021 $168,860,656 $170,258,566

State General Funds

$179,087,090 $162,455,883 $158,605,518 $160,003,428

Tobacco Settlement Funds

$10,255,138 $10,255,138 $10,255,138 $10,255,138

TOTAL FEDERAL FUNDS

$40,882,414 $56,908,701 $60,759,066 $63,349,487

Federal Funds Not Itemized

$422,008

$422,008

$422,008

$422,008

Medical Assistance Program CFDA93.778

$9,745,198 $25,771,485 $29,621,850 $32,212,271

Social Services Block Grant CFDA93.667

$30,636,459 $30,636,459 $30,636,459 $30,636,459

Temporary Assistance for Needy Families

$78,749

$78,749

$78,749

$78,749

Temporary Assistance for Needy Families Grant CFDA93.558

$78,749

$78,749

$78,749

$78,749

TOTAL AGENCY FUNDS

$79,164,086 $79,164,086 $79,164,086 $79,164,086

Sales and Services

$79,164,086 $79,164,086 $79,164,086 $79,164,086

Sales and Services Not Itemized

$79,164,086 $79,164,086 $79,164,086 $79,164,086

TOTAL PUBLIC FUNDS

$309,388,728 $308,783,808 $308,783,808 $312,772,139

Adult Essential Health Treatment Services

Continuation Budget

The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and

refugees.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877
$15,853,603

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603

175.1 Defer the FY09 cost of living adjustment.

State General Funds

($38,474)

($38,474)

($38,474)

($38,474)

175.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

1588

JOURNAL OF THE HOUSE

State General Funds

($209,602)

($225,040)

($225,040)

($225,040)

175.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,219

$5,219

$5,219

$5,219

175.4 Reduce funds by furloughing employees.

State General Funds

($11,220)

($11,220)

($11,220)

($11,220)

175.5 Reduce funds from the Stroke and Heart Attack Prevention Program (SHAPP).

State General Funds

($916,038)

($916,038)

($916,038)

($916,038)

175.6 Reduce funds and transfer all Cancer State Aid positions to existing tobacco funds.

State General Funds

($140,000)

($140,000)

($140,000)

($140,000)

175.7 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%.

State General Funds

($115,098)

($115,098)

($57,549)

($57,549)

175.8 Reduce and defer funds received in HB990 (FY09G) for the Georgia Commission to Save the Cure.

State General Funds

($240,000)

($240,000)

($240,000)

($240,000)

175.100-Adult Essential Health Treatment Services

Appropriation (HB 118)

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

$10,735,411 $10,719,973 $10,777,522 $10,777,522

State General Funds

$4,260,411

$4,244,973

$4,302,522

$4,302,522

Tobacco Settlement Funds

$6,475,000

$6,475,000

$6,475,000

$6,475,000

TOTAL FEDERAL FUNDS

$3,452,979

$3,452,979

$3,452,979

$3,452,979

Federal Funds Not Itemized

$2,166,763

$2,166,763

$2,166,763

$2,166,763

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 PUBLIC FUNDS

$14,188,390 $14,172,952 $14,230,501 $14,230,501

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

$46,249,924 $46,249,924 $1,115,408 $1,115,408
$275,085 $275,085 $275,085 $47,640,417

$46,249,924 $46,249,924 $1,115,408
$1,115,408 $275,085 $275,085 $275,085
$47,640,417

$46,249,924 $46,249,924
$1,115,408 $1,115,408
$275,085 $275,085 $275,085 $47,640,417

$46,249,924 $46,249,924 $1,115,408
$1,115,408 $275,085 $275,085 $275,085
$47,640,417

MONDAY, MARCH 9, 2009

1589

176.1 Defer the FY09 cost of living adjustment.

State General Funds

($652,518)

($652,518)

($652,518)

($652,518)

176.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($3,554,815) ($3,816,642) ($3,816,642) ($3,816,642)

176.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,516

$1,516

$1,516

$1,516

176.4 Reduce funds by eliminating two vacant forensic diversion coordinator positions.

State General Funds

($225,000)

($225,000)

($225,000)

($225,000)

176.5 Reduce funds by eliminating two vacant forensic evaluator positions.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

176.6 Reduce funds by furloughing employees.

State General Funds

($44,670)

($44,670)

($44,670)

($44,670)

176.7 Reduce funds received in HB95 (FY08G) and defer the planned expansion of the forensic telemedicine pilot project.

State General Funds

($95,040)

($95,040)

($95,040)

($95,040)

176.100-Adult Forensic Services

Appropriation (HB 118)

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

$41,429,397 $41,167,570 $41,167,570 $41,167,570

State General Funds

$41,429,397 $41,167,570 $41,167,570 $41,167,570

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

$275,085

$275,085

$275,085

$275,085

Sales and Services

$275,085

$275,085

$275,085

$275,085

Sales and Services Not Itemized

$275,085

$275,085

$275,085

$275,085

TOTAL PUBLIC FUNDS

$42,819,890 $42,558,063 $42,558,063 $42,558,063

Adult Mental Health Services

Continuation Budget

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778

$237,141,537 $237,141,537 $19,424,756
$6,620,728 $11,491,538
$93,025

$237,141,537 $237,141,537 $19,424,756
$6,620,728 $11,491,538
$93,025

$237,141,537 $237,141,537 $19,424,756
$6,620,728 $11,491,538
$93,025

$237,141,537 $237,141,537 $19,424,756
$6,620,728 $11,491,538
$93,025

1590

JOURNAL OF THE HOUSE

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

$1,219,465 $1,219,465 $5,909,257
$526,000 $526,000 $5,383,257 $5,383,257 $262,475,550

$1,219,465 $1,219,465 $5,909,257
$526,000 $526,000 $5,383,257 $5,383,257 $262,475,550

$1,219,465 $1,219,465 $5,909,257
$526,000 $526,000 $5,383,257 $5,383,257 $262,475,550

$1,219,465 $1,219,465 $5,909,257
$526,000 $526,000 $5,383,257 $5,383,257 $262,475,550

177.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,982,680) ($1,982,680) ($1,982,680) ($1,982,680)

177.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($107,233)

($107,233)

($107,233)

($107,233)

177.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($10,801,333) ($11,596,897) ($11,596,897) ($11,596,897)

177.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$11,821

$11,821

$11,821

$11,821

177.5 Reduce funds from new provider training and quality compliance audits.

State General Funds

($303,500)

($303,500)

($303,500)

($303,500)

177.6 Eliminate funds for Employee Mentoring, an internship program for people with mental illness working with Mental Health, Developmental Disabilities, and Addictive Disease (MHDDAD).

State General Funds

($130,000)

($130,000)

($130,000)

($130,000)

177.7 Reduce funds by not initiating the Central Navigation Website.

State General Funds

($240,000)

($240,000)

($240,000)

($240,000)

177.8 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($91,676)

($91,676)

$0

$0

177.9 Reduce funds from the United Way Regional Commission for mental health services.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

177.10 Reduce funds from non-medically necessary consumer and family assistance community services.

State General Funds

($762,624)

($762,624)

($762,624)

($762,624)

177.11 Reduce funds from supported employment for non-medically necessary services and sustain the program through available federal funds.

State General Funds

($3,800,000) ($3,800,000) ($3,800,000) ($3,800,000)

MONDAY, MARCH 9, 2009

1591

177.12 Reduce funds by furloughing employees.

State General Funds

($133,930)

($133,930)

($133,930)

($133,930)

177.13 Reduce funds to reflect a one-time refund from the Employees Retirement System resulting from employees leaving prior to end of the fiscal year.

State General Funds

($3,369,755) ($3,369,755) ($3,369,755) ($3,369,755)

177.14 Reduce funds from training for mental illness, developmental disabilities, and addictive diseases.

State General Funds

($140,000)

($140,000)

($140,000)

($140,000)

177.15 Reduce funds from various contracts.

State General Funds

($1,717,380) ($1,717,380) ($1,717,380) ($1,717,380)

177.16 Eliminate funds for the Family-to-Family program.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

177.17 Reduce funds designated for vehicle purchases.

State General Funds

($210,000)

($210,000)

($210,000)

($210,000)

177.18 Reduce funds to reflect the delayed start date for crisis services in the community for mental health and addictive disease consumers: Mobile Crisis Services start date January 1, 2009, Assertive Community Treatment start date November 15, 2009, and Crisis Stabilization Programs start date January 1, 2009.

State General Funds

($4,616,667) ($4,616,667) ($4,616,667) ($4,616,667)

177.19 Reduce funds.

Temporary Assistance for Needy Families Grant CFDA93.558

($949,146)

($949,146)

($949,146)

($949,146)

177.20 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($6,861,648) $6,861,648
$0

($8,510,180) $8,510,180
$0

($8,510,180) $8,510,180
$0

177.21 Increase funds to help community providers cover expenditures for non-Medicaid reimbursable services.

State General Funds

$2,500,000

$3,423,224

177.100-Adult Mental Health Services

Appropriation (HB 118)

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

TOTAL STATE FUNDS

$208,571,580 $200,914,368 $201,857,512 $202,780,736

State General Funds

$208,571,580 $200,914,368 $201,857,512 $202,780,736

TOTAL FEDERAL FUNDS

$18,475,610 $25,337,258 $26,985,790 $26,985,790

Community Mental Health Services Block Grant CFDA93.958

$6,620,728

$6,620,728

$6,620,728

$6,620,728

Federal Funds Not Itemized

$11,491,538 $11,491,538 $11,491,538 $11,491,538

Medical Assistance Program CFDA93.778

$93,025

$6,954,673

$8,603,205

$8,603,205

Temporary Assistance for Needy Families

$270,319

$270,319

$270,319

$270,319

Temporary Assistance for Needy Families Grant CFDA93.558

$270,319

$270,319

$270,319

$270,319

1592

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,909,257 $526,000 $526,000
$5,383,257 $5,383,257 $232,956,447

$5,909,257 $526,000 $526,000
$5,383,257 $5,383,257 $232,160,883

$5,909,257 $526,000 $526,000
$5,383,257 $5,383,257 $234,752,559

$5,909,257 $526,000 $526,000
$5,383,257 $5,383,257 $235,675,783

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 $9,012,772 $9,012,772 $9,012,772 $11,395,955

$2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955

$2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955

$2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955

178.1 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$386

$386

$386

$386

178.2 Reduce funds by furloughing employees.

State General Funds

($18,340)

($18,340)

($18,340)

($18,340)

178.100-Adult Nursing Home Services

Appropriation (HB 118)

The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities.

TOTAL STATE FUNDS

$2,365,229

$2,365,229

$2,365,229

$2,365,229

State General Funds

$2,365,229

$2,365,229

$2,365,229

$2,365,229

TOTAL AGENCY FUNDS

$9,012,772

$9,012,772

$9,012,772

$9,012,772

Sales and Services

$9,012,772

$9,012,772

$9,012,772

$9,012,772

Sales and Services Not Itemized

$9,012,772

$9,012,772

$9,012,772

$9,012,772

TOTAL PUBLIC FUNDS

$11,378,001 $11,378,001 $11,378,001 $11,378,001

After School Care

Continuation Budget

The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures

$0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000

$0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000

$0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000

$0 $0 $14,000,000 $14,000,000 $14,000,000 $28,000,000 $28,000,000

MONDAY, MARCH 9, 2009

1593

TANF Maintenance-of-Effort from External Sources TOTAL PUBLIC FUNDS

$28,000,000 $42,000,000

$28,000,000 $42,000,000

$28,000,000 $42,000,000

$28,000,000 $42,000,000

179.100-After School Care

Appropriation (HB 118)

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 $28,000,000 $28,000,000

Contributions, Donations, and Forfeitures

$28,000,000 $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 $28,000,000

TOTAL PUBLIC FUNDS

$42,000,000 $42,000,000 $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 Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL PUBLIC FUNDS

$9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017

$9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017

$9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017

$9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017

180.1 Defer the FY09 cost of living adjustment.

State General Funds

($161,308)

($161,308)

($161,308)

($161,308)

180.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($878,781)

($943,507)

($943,507)

($943,507)

180.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$612

$612

$612

$612

180.4 Reduce funds from new provider training and quality compliance audits.

State General Funds

($27,500)

($27,500)

($27,500)

($27,500)

180.5 Reduce funds by furloughing employees.

State General Funds

($3,290)

($3,290)

($3,290)

($3,290)

180.6 Reduce funds from third party administrators providing non-medically necessary services (tutoring, parent education, recreational activities) to support maintenance of children in the community.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

1594

JOURNAL OF THE HOUSE

180.7 Eliminate funds for Pardons and Paroles outpatient services.

State General Funds Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS

($1,180,145) $1,180,145
$0

($1,180,145) $1,180,145
$0

180.8 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($40,745)

($40,745)

180.9 Reduce funds by suspending the expansion of clubhouse programs.

State General Funds

($3,273,822) ($3,273,822)

180.10 Reduce funds from various contracts.

State General Funds

($100,000)

($100,000)

180.11 Reduce funds from child and adolescent substance abuse Medicaid billable core services.

State General Funds

($551,986)

($551,986)

($1,180,145) $1,180,145
$0
($40,745)
($3,273,822)
($100,000)
($551,986)

($1,180,145) $1,180,145
$0
($40,745)
($3,273,822)
($100,000)
($551,986)

180.100-Child and Adolescent Addictive Diseases Services

Appropriation (HB 118)

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

$2,203,798

$2,139,072

$2,139,072

$2,139,072

State General Funds

$2,203,798

$2,139,072

$2,139,072

$2,139,072

TOTAL FEDERAL FUNDS

$10,913,399 $10,913,399 $10,913,399 $10,913,399

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$10,913,399 $10,913,399 $10,913,399 $10,913,399

TOTAL PUBLIC FUNDS

$13,117,197 $13,052,471 $13,052,471 $13,052,471

Child and Adolescent Developmental Disabilities

Continuation Budget

The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents

with developmental disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$20,819,083 $20,819,083 $6,000,595
$157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

$20,819,083 $20,819,083 $6,000,595
$157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

$20,819,083 $20,819,083
$6,000,595 $157,113
$5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

$20,819,083 $20,819,083 $6,000,595
$157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

181.1 Defer the FY09 cost of living adjustment. State General Funds

($139,370)

($139,370)

($139,370)

($139,370)

MONDAY, MARCH 9, 2009

1595

181.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($759,266)

($815,189)

($815,189)

($815,189)

181.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,983

$3,983

$3,983

$3,983

181.4 Reduce funds by furloughing employees.

State General Funds

($4,760)

($4,760)

($4,760)

($4,760)

181.5 Reduce funds by eliminating consumer family education sessions, training for court personnel, and the distribution of "best practice" information for use by Regional Board and Community Services Board membership.

State General Funds

($109,167)

($109,167)

($109,167)

($109,167)

181.6 Reduce funds received in HB990 (FY09G) and defer the Mental Retardation Waiver Program 3% provider rate increase.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($146,832) ($251,087) ($397,919)

($146,832) ($251,087) ($397,919)

($146,832) ($251,087) ($397,919)

($146,832) ($251,087) ($397,919)

181.7 Reduce funds received in HB990 (FY09G) for 135 waiver slots for consumers on the Mental Retardation Waiver Program (MRWP) waiting list. (S:Restore MRWP funds to cover expenses related to Temporary Immediate Care (TIC) patients)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($286,319)

($286,319)

($286,319)

$0

($530,568)

($530,568)

($530,568)

$0

($816,887)

($816,887)

($816,887)

$0

181.8 Reduce funds received in HB990 (FY09G) for the Marcus Institute. (H and S:Partially restore funds or the remainder of the fiscal year)

State General Funds

($500,000)

($500,000)

($250,000)

($250,000)

181.9 Reduce funds received in HB990 (FY09G) for the Matthew Reardon Center. (H and S:Partially restore funds for the remainder of the fiscal year)

State General Funds

($200,000)

($200,000)

($50,000)

($50,000)

181.10 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($5,635,977) $5,635,977
$0

($6,990,038) $6,990,038
$0

($6,990,038) $6,990,038
$0

181.100-Child and Adolescent Developmental Disabilities

Appropriation (HB 118)

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

$18,677,352 $12,985,452 $12,031,391 $12,317,710

State General Funds

$18,677,352 $12,985,452 $12,031,391 $12,317,710

TOTAL FEDERAL FUNDS

$5,218,940 $10,854,917 $12,208,978 $12,739,546

Federal Funds Not Itemized

$157,113

$157,113

$157,113

$157,113

1596

JOURNAL OF THE HOUSE

Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$5,061,827 $3,722,681 $3,722,681 $3,722,681 $27,618,973

$10,697,804 $3,722,681 $3,722,681 $3,722,681 $27,563,050

$12,051,865 $3,722,681 $3,722,681 $3,722,681 $27,963,050

$12,582,433 $3,722,681 $3,722,681 $3,722,681 $28,779,937

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

$3,103,859 $3,103,859 $3,103,859

$3,103,859 $3,103,859 $3,103,859

$3,103,859 $3,103,859 $3,103,859

$3,103,859 $3,103,859 $3,103,859

State General Funds

$657

$657

$657

$657

182.1 Defer the FY09 cost of living adjustment.

State General Funds

($22,687)

($22,687)

($22,687)

($22,687)

182.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($123,592)

($132,695)

($132,695)

($132,695)

182.3 Reduce funds by furloughing employees.

State General Funds

($730)

($730)

($730)

($730)

182.100-Child and Adolescent Forensic Services

Appropriation (HB 118)

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

$2,957,507

$2,948,404

$2,948,404

$2,948,404

State General Funds

$2,957,507

$2,948,404

$2,948,404

$2,948,404

TOTAL PUBLIC FUNDS

$2,957,507

$2,948,404

$2,948,404

$2,948,404

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

$90,721,809 $90,721,809 $8,677,415 $6,509,895
$162,485 $2,005,035

$90,721,809 $90,721,809 $8,677,415 $6,509,895
$162,485 $2,005,035

$90,721,809 $90,721,809
$8,677,415 $6,509,895
$162,485 $2,005,035

$90,721,809 $90,721,809 $8,677,415
$6,509,895 $162,485
$2,005,035

MONDAY, MARCH 9, 2009

1597

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010
TOTAL PUBLIC FUNDS

$51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

$51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

$51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

$51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

183.1 Defer the FY09 cost of living adjustment.

State General Funds

($453,614)

($453,614)

($453,614)

($453,614)

183.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($2,471,216) ($2,653,232) ($2,653,232) ($2,653,232)

183.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,819

$4,819

$4,819

$4,819

183.4 Reduce funds by furloughing employees.

State General Funds

($24,310)

($24,310)

($24,310)

($24,310)

183.5 Reduce funds from new provider training and quality compliance audits.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($676,000) ($126,000) ($802,000)

($676,000) ($126,000) ($802,000)

($676,000) ($126,000) ($802,000)

($676,000) ($126,000) ($802,000)

183.6 Reduce funds and utilize agency funds for the transition of twenty-four beds at state-operated transition homes for youth with serious mental illnesses transitioning from hospitals.

State General Funds

($1,734,000) ($1,734,000) ($1,734,000) ($1,734,000)

183.7 Reduce funds by eliminating trauma training for clinicians and provider training on standards of practice and quality service delivery.

State General Funds

($44,315)

($44,315)

($44,315)

($44,315)

183.8 Reduce funds by cancelling the planned expansion of summer recreational programs for youth with serious emotional disturbances.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

183.9 Reduce funds from the United Way Regional Commission for homeless case management services.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

183.10 Reduce funds and eliminate the contract with a short-term residential community service provider in Rome that has not opened due to the inability to secure a psychiatrist.

1598

JOURNAL OF THE HOUSE

State General Funds

($723,873)

($723,873)

($723,873)

($723,873)

183.11 Reduce funds and defer projected Medicaid rate increases.

State General Funds

($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000)

183.12 Reduce funds from third party administrators providing non-medically necessary services to support maintenance of children in the community.

State General Funds

($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000)

183.13 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($61,117)

($61,117)

($61,117)

($61,117)

183.14 Reduce funds and utilize agency funds for the transition of child and adolescent services in the Outdoor Therapeutic Program.

State General Funds

($3,025,468) ($3,025,468) ($3,025,468) ($3,025,468)

183.15 Reduce funds to reflect a one-time refund from the Employees Retirement System resulting from employees leaving prior to end of the fiscal year.

State General Funds

($353,507)

($353,507)

($353,507)

($353,507)

183.16 Reduce funds and utilize agency funds for the transition of child and adolescent residential services.

State General Funds

($2,411,355) ($2,411,355) ($2,411,355) ($2,411,355)

183.17 Reduce funds designated for vehicle purchases.

State General Funds

($39,000)

($39,000)

($39,000)

($39,000)

183.18 Reduce funds from various contracts.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

183.19 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($4,447,827) $4,447,827
$0

($5,516,431) $5,516,431
$0

($5,516,431) $5,516,431
$0

183.100-Child and Adolescent Mental Health Services

Appropriation (HB 118)

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

$71,583,853 $66,954,010 $65,885,406 $65,885,406

State General Funds

$71,583,853 $66,954,010 $65,885,406 $65,885,406

TOTAL FEDERAL FUNDS

$8,551,415 $12,999,242 $14,067,846 $14,067,846

Community Mental Health Services Block Grant CFDA93.958

$6,509,895

$6,509,895

$6,509,895

$6,509,895

Federal Funds Not Itemized

$162,485

$162,485

$162,485

$162,485

Medical Assistance Program CFDA93.778

$1,879,035

$6,326,862

$7,395,466

$7,395,466

TOTAL AGENCY FUNDS

$51,196,318 $51,196,318 $51,196,318 $51,196,318

Sales and Services

$51,196,318 $51,196,318 $51,196,318 $51,196,318

Sales and Services Not Itemized

$51,196,318 $51,196,318 $51,196,318 $51,196,318

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$192,354

$192,354

$192,354

$192,354

State Funds Transfers

$82,003

$82,003

$82,003

$82,003

Agency to Agency Contracts

$82,003

$82,003

$82,003

$82,003

MONDAY, MARCH 9, 2009

1599

Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010
TOTAL PUBLIC FUNDS

$110,351 $110,351 $131,523,940

$110,351 $110,351 $131,341,924

$110,351 $110,351 $131,341,924

$110,351 $110,351 $131,341,924

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 Federal Funds Not Itemized Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

184.1 Defer the FY09 cost of living adjustment.

State General Funds

($75,325)

($75,325)

($75,325)

($75,325)

184.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($410,362)

($440,587)

($440,587)

($440,587)

184.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$286

$286

$286

$286

184.4 Replace funds.

State General Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($4,241,107) ($7,874,332) $12,115,439
$0

($4,241,107) ($7,874,332) $12,115,439
$0

($4,241,107) $2,405,811 $1,835,296
$0

($4,241,107) ($7,874,332) $12,115,439
$0

184.100-Child Care Services

Appropriation (HB 118)

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

$53,851,451 $53,821,226 $53,821,226 $53,821,226

State General Funds

$53,851,451 $53,821,226 $53,821,226 $53,821,226

1600

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$169,839,659 $90,698,416 $64,619,903 $2,405,811
$90 $12,115,439 $12,115,439 $2,500,000 $2,500,000 $2,500,000 $226,191,110

$169,839,659 $90,698,416 $64,619,903 $2,405,811
$90 $12,115,439 $12,115,439 $2,500,000 $2,500,000 $2,500,000 $226,160,885

$169,839,659 $90,698,416 $64,619,903 $12,685,954
$90 $1,835,296 $1,835,296 $2,500,000 $2,500,000 $2,500,000 $226,160,885

$169,839,659 $90,698,416 $64,619,903 $2,405,811
$90 $12,115,439 $12,115,439 $2,500,000 $2,500,000 $2,500,000 $226,160,885

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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

185.1 Defer the FY09 cost of living adjustment.

State General Funds

($228,796)

($228,796)

($228,796)

($228,796)

185.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,246,451) ($1,338,257) ($1,338,257) ($1,338,257)

185.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$770,782

$770,782

$770,782

$770,782

185.4 Reduce funds to realize savings and efficiencies achieved with the transition of the Call Center from United Way.

MONDAY, MARCH 9, 2009

1601

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($300,000) ($582,353) ($882,353)

($300,000) ($582,353) ($882,353)

185.5 Reduce funds from District Attorney (DA) contracts and eliminate one DA legal services contract.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($272,000) ($330,000) ($602,000)

($272,000) ($330,000) ($602,000)

185.6 Reduce funds by furloughing employees.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($83,100) ($161,312) ($244,412)

($83,100) ($161,312) ($244,412)

185.7 Reduce funds by eliminating thirty-three vacant positions.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($476,000) ($924,000) ($1,400,000)

($476,000) ($924,000) ($1,400,000)

185.8 Reduce funds and maximize federal contributions.

State General Funds

($300,000) ($582,353) ($882,353)
($272,000) ($330,000) ($602,000)
($83,100) ($161,312) ($244,412)
($476,000) ($924,000) ($1,400,000)
($700,000)

($300,000) ($582,353) ($882,353)
($272,000) ($330,000) ($602,000)
($83,100) ($161,312) ($244,412)
($476,000) ($924,000) ($1,400,000)
($700,000)

185.100-Child Support Services

Appropriation (HB 118)

The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

TOTAL STATE FUNDS

$23,128,357 $23,036,551 $22,336,551

State General Funds

$23,128,357 $23,036,551 $22,336,551

TOTAL FEDERAL FUNDS

$64,007,108 $64,007,108 $64,007,108

Federal Funds Not Itemized

$63,887,108 $63,887,108 $63,887,108

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

$395,760

$395,760

State Funds Transfers

$395,760

$395,760

$395,760

Agency to Agency Contracts

$395,760

$395,760

$395,760

TOTAL PUBLIC FUNDS

$90,372,725 $90,280,919 $89,580,919

$22,336,551 $22,336,551 $64,007,108 $63,887,108
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $89,580,919

Child Welfare Services

Continuation Budget

The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and

strengthen the family.

TOTAL STATE FUNDS State General Funds

$117,613,541 $117,613,541 $117,613,541 $117,613,541 $117,613,541 $117,613,541 $117,613,541 $117,613,541

1602

JOURNAL OF THE HOUSE

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 TANF Transfers to Social Services Block Grant per 42 USC 604
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$179,607,884 $817,637 $4,000
$23,847,912 $32,278,994 $11,331,449
$8,264,167 $103,063,725
$77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $323,659,907

$179,607,884 $817,637 $4,000
$23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $323,659,907

$179,607,884 $817,637 $4,000
$23,847,912 $32,278,994 $11,331,449
$8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $323,659,907

$179,607,884 $817,637 $4,000
$23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $323,659,907

186.1 Defer the FY09 cost of living adjustment.

State General Funds

($594,912)

($594,912)

($594,912)

($594,912)

186.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($43,037)

($43,037)

($43,037)

($43,037)

186.3 Defer salary adjustments for critical jobs.

State General Funds

($2,169,459) ($2,169,459) ($2,169,459) ($2,169,459)

186.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($3,240,991) ($3,479,704) ($3,479,704) ($3,479,704)

186.5 Reduce funds from non-critical contracts through lower utilization and administrative efficiencies.

State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

MONDAY, MARCH 9, 2009

1603

186.6 Reduce and defer funds received in HB990 (FY09G) for a Regional Assessment Center.

State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($560,000) ($3,779)
($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101)

($560,000) ($3,779)
($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101)

($560,000) ($3,779)
($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101)

($560,000) ($3,779)
($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101)

186.7 Transfer funds to the Adoptions Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month for the remaining nine months of the fiscal year.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($1,200,000) ($1,471,047) ($2,671,047)

($1,200,000) ($1,471,047) ($2,671,047)

($1,200,000) ($1,471,047) ($2,671,047)

($1,200,000) ($1,471,047) ($2,671,047)

186.8 Reduce funds and child protective caseworkers through attrition and maintain a 15:1 caseload ratio.

State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($7,595,616) ($68,361)
($478,524) ($2,404,012) ($1,241,883) ($2,663,482) ($14,451,878)

($7,595,616) ($68,361) ($478,524)
($2,404,012) ($1,241,883) ($2,663,482) ($14,451,878)

($7,595,616) ($68,361) ($478,524)
($2,404,012) ($1,241,883) ($2,663,482) ($14,451,878)

($7,595,616) ($68,361)
($478,524) ($2,404,012) ($1,241,883) ($2,663,482) ($14,451,878)

186.9 Reduce funds by furloughing employees with a pay grade of fifteen or above.

State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($825,830) ($5,587)
($39,113) ($196,495) ($101,507) ($588,553) ($1,757,085)

($825,830) ($5,587)
($39,113) ($196,495) ($101,507) ($588,553) ($1,757,085)

($825,830) ($5,587)
($39,113) ($196,495) ($101,507) ($588,553) ($1,757,085)

($825,830) ($5,587)
($39,113) ($196,495) ($101,507) ($588,553) ($1,757,085)

186.10 Reduce funds to reflect a special one day per month Division of Family and Children Services (DFCS) furlough for employees with a pay grade of twelve or above.

State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($2,534,666) ($17,225)
($120,571) ($605,727) ($312,911) ($1,814,310) ($5,405,410)

($2,534,666) ($17,225) ($120,571) ($605,727)
($312,911) ($1,814,310) ($5,405,410)

($2,534,666) ($17,225) ($120,571) ($605,727) ($312,911)
($1,814,310) ($5,405,410)

($2,534,666) ($17,225)
($120,571) ($605,727) ($312,911) ($1,814,310) ($5,405,410)

1604

JOURNAL OF THE HOUSE

186.11 Reduce funds to reflect projected expenditures.

Temporary Assistance for Needy Families Grant CFDA93.558

($4,839,159) ($4,839,159) ($4,839,159) ($4,839,159)

186.12 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($906,741) $906,741
$0

($1,124,588) $1,124,588
$0

($1,124,588) $1,124,588
$0

186.13 Increase funds for the Rainbow House.

State General Funds

$12,500

186.100-Child Welfare Services

Appropriation (HB 118)

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

$98,649,030 $97,503,576 $97,285,729 $97,298,229

State General Funds

$98,649,030 $97,503,576 $97,285,729 $97,298,229

TOTAL FEDERAL FUNDS

$161,778,850 $162,685,591 $162,903,438 $162,903,438

CCDF Mandatory & Matching Funds CFDA93.596

$721,335

$721,335

$721,335

$721,335

Community Services Block Grant CFDA93.569

$4,000

$4,000

$4,000

$4,000

Federal Funds Not Itemized

$21,705,385 $21,705,385 $21,705,385 $21,705,385

Foster Care Title IV-E CFDA93.658

$28,858,623 $28,858,623 $28,858,623 $28,858,623

Medical Assistance Program CFDA93.778

$9,585,652 $10,492,393 $10,710,240 $10,710,240

Social Services Block Grant CFDA93.667

$8,264,167

$8,264,167

$8,264,167

$8,264,167

Temporary Assistance for Needy Families

$92,639,688 $92,639,688 $92,639,688 $92,639,688

Temporary Assistance for Needy Families Grant CFDA93.558

$66,839,688 $66,839,688 $66,839,688 $66,839,688

TANF Transfers to Social Services Block Grant per 42 USC 604

$25,800,000 $25,800,000 $25,800,000 $25,800,000

TOTAL AGENCY FUNDS

$26,438,482 $26,438,482 $26,438,482 $26,438,482

Reserved Fund Balances

$12,770,884 $12,770,884 $12,770,884 $12,770,884

Reserved Fund Balances Not Itemized

$12,770,884 $12,770,884 $12,770,884 $12,770,884

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

$286,866,362 $286,627,649 $286,627,649 $286,640,149

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

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846

MONDAY, MARCH 9, 2009

1605

Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
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 PUBLIC FUNDS

$220,001 $32,601,134 $8,122,505
$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

$220,001 $32,601,134 $8,122,505
$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

$220,001 $32,601,134 $8,122,505
$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

$220,001 $32,601,134 $8,122,505
$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

187.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,151,972) ($1,151,972) ($1,151,972) ($1,151,972)

187.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($128,623)

($128,623)

($128,623)

($128,623)

187.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($6,275,760) ($6,737,997) ($6,737,997) ($6,737,997)

187.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$805,948

$805,948

$805,948

$805,948

187.5 Reduce funds from operations.

State General Funds

($4,958,230) ($4,958,230) ($4,958,230) ($4,958,230)

187.6 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration.

Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Social Services Block Grant CFDA93.667

($364) ($1,530,005)
($326,636) ($20,358)

($364) ($1,530,005)
($326,636) ($20,358)

($364) ($1,530,005)
($326,636) ($20,358)

($364) ($1,530,005)
($326,636) ($20,358)

1606

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($429,153) ($2,306,516)

($429,153) ($2,306,516)

($429,153) ($2,306,516)

($429,153) ($2,306,516)

187.7 Reduce funds to reflect the indirect cost loss as a result of reductions taken in the Division of Family and Children Services (DFCS).

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 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($88,955) ($44,966)
($6,782) ($65,189) ($115,959)
($2,261) ($28,349) ($196,517) ($548,978)

($88,955) ($44,966)
($6,782) ($65,189) ($115,959)
($2,261) ($28,349) ($196,517) ($548,978)

($88,955) ($44,966)
($6,782) ($65,189) ($115,959)
($2,261) ($28,349) ($196,517) ($548,978)

($88,955) ($44,966) ($6,782) ($65,189) ($115,959) ($2,261) ($28,349) ($196,517) ($548,978)

187.8 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Information Technology.

CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($37,151) ($926,386) ($71,300) ($1,034,837)

($37,151) ($926,386) ($71,300) ($1,034,837)

($37,151) ($926,386) ($71,300) ($1,034,837)

($37,151) ($926,386) ($71,300) ($1,034,837)

187.9 Reduce funds from supplies and operating costs throughout the department's administrative functions.

State General Funds

($992,138)

($992,138)

187.100-Departmental Administration

Appropriation (HB 118)

The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office.

TOTAL STATE FUNDS

$82,456,304 $81,994,067 $81,001,929

State General Funds

$82,324,509 $81,862,272 $80,870,134

Tobacco Settlement Funds

$131,795

$131,795

$131,795

TOTAL FEDERAL FUNDS

$79,158,771 $79,158,771 $79,158,771

CCDF Mandatory & Matching Funds CFDA93.596

$2,998,188

$2,998,188

$2,998,188

Child Care & Development Block Grant CFDA93.575

$1,623,880

$1,623,880

$1,623,880

Community Services Block Grant CFDA93.569

$212,855

$212,855

$212,855

Federal Funds Not Itemized

$30,079,554 $30,079,554 $30,079,554

Foster Care Title IV-E CFDA93.658

$7,679,910

$7,679,910

$7,679,910

Low-Income Home Energy Assistance CFDA93.568

$282,303

$282,303

$282,303

Medical Assistance Program CFDA93.778

$11,788,289 $11,788,289 $11,788,289

Preventive Health & Health Services Block Grant CFDA93.991

$31,070

$31,070

$31,070

Social Services Block Grant CFDA93.667

$9,932,114

$9,932,114

$9,932,114

Temporary Assistance for Needy Families

$14,530,608 $14,530,608 $14,530,608

Temporary Assistance for Needy Families Grant CFDA93.558

$14,530,608 $14,530,608 $14,530,608

TOTAL AGENCY FUNDS

$8,099,727

$8,099,727

$8,099,727

Contributions, Donations, and Forfeitures

$18,274

$18,274

$18,274

$81,001,929 $80,870,134
$131,795 $79,158,771 $2,998,188 $1,623,880
$212,855 $30,079,554 $7,679,910
$282,303 $11,788,289
$31,070 $9,932,114 $14,530,608 $14,530,608 $8,099,727
$18,274

MONDAY, MARCH 9, 2009

1607

Contributions, Donations, and Forfeitures 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 PUBLIC FUNDS

$18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $169,714,802

$18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $169,252,565

$18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $168,260,427

$18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $168,260,427

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
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

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326

188.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,205,756) ($2,205,756) ($2,205,756) ($2,205,756)

188.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($6,347,322) ($6,814,829) ($6,814,829) ($6,814,829)

188.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$138,941

$138,941

$138,941

$138,941

188.4 Reduce funds by furloughing employees.

State General Funds

($259,500)

($259,500)

($259,500)

($259,500)

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JOURNAL OF THE HOUSE

188.5 Reduce funds designated for vehicle purchases. State General Funds

($180,218)

($180,218)

($180,218)

($180,218)

188.100-Direct Care and Support Services

Appropriation (HB 118)

The purpose of this appropriation is to provide facility support services and direct patient support therapies.

TOTAL STATE FUNDS

$113,781,069 $113,313,562 $113,313,562

State General Funds

$113,781,069 $113,313,562 $113,313,562

TOTAL FEDERAL FUNDS

$3,205,526

$3,205,526

$3,205,526

Federal Funds Not Itemized

$3,205,526

$3,205,526

$3,205,526

TOTAL AGENCY FUNDS

$41,506,342 $41,506,342 $41,506,342

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

$41,091,674 $41,091,674 $41,091,674

Sales and Services Not Itemized

$41,091,674 $41,091,674 $41,091,674

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

$163,648,471 $163,180,964 $163,180,964

$113,313,562 $113,313,562
$3,205,526 $3,205,526 $41,506,342
$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $163,180,964

Elder Abuse Investigations and Prevention

Continuation Budget

The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might

have occurred.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,577,451 $14,577,451 $3,751,496
$793,894 $678,063 $2,279,539
$76,015 $76,015 $76,015 $18,404,962

$14,577,451 $14,577,451 $3,751,496
$793,894 $678,063 $2,279,539
$76,015 $76,015 $76,015 $18,404,962

$14,577,451 $14,577,451
$3,751,496 $793,894 $678,063
$2,279,539 $76,015 $76,015 $76,015
$18,404,962

$14,577,451 $14,577,451 $3,751,496
$793,894 $678,063 $2,279,539
$76,015 $76,015 $76,015 $18,404,962

189.1 Defer the FY09 cost of living adjustment. State General Funds

($91,322)

($91,322)

($91,322)

($91,322)

MONDAY, MARCH 9, 2009

1609

189.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($497,507)

($534,151)

($534,151)

($534,151)

189.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$11,309

$11,309

$11,309

$11,309

189.4 Reduce funds by eliminating the filled guardianship position and utilize existing Adult Protection Services staff to serve clients.

State General Funds

($77,880)

($77,880)

($77,880)

($77,880)

189.5 Eliminate funds for the Public Guardianship program.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

189.6 Reduce funds by furloughing employees.

State General Funds

($65,802)

($65,802)

($65,802)

($65,802)

189.7 Replace funds with additional Targeted Case Management (TCM) reimbursements earned due to a moratorium on a Medicaid rule change.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($400,000) $400,000
$0

($400,000) $400,000
$0

($400,000) $400,000
$0

($400,000) $400,000
$0

189.8 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($80,351) $80,351
$0

($99,654) $99,654
$0

($99,654) $99,654
$0

189.100-Elder Abuse Investigations and Prevention

Appropriation (HB 118)

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

$13,206,249 $13,089,254 $13,069,951 $13,069,951

State General Funds

$13,206,249 $13,089,254 $13,069,951 $13,069,951

TOTAL FEDERAL FUNDS

$4,151,496

$4,231,847

$4,251,150

$4,251,150

Federal Funds Not Itemized

$793,894

$793,894

$793,894

$793,894

Medical Assistance Program CFDA93.778

$1,078,063

$1,158,414

$1,177,717

$1,177,717

Social Services Block Grant CFDA93.667

$2,279,539

$2,279,539

$2,279,539

$2,279,539

TOTAL AGENCY FUNDS

$76,015

$76,015

$76,015

$76,015

Sales and Services

$76,015

$76,015

$76,015

$76,015

Sales and Services Not Itemized

$76,015

$76,015

$76,015

$76,015

TOTAL PUBLIC FUNDS

$17,433,760 $17,397,116 $17,397,116 $17,397,116

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.

1610

JOURNAL OF THE HOUSE

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 AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259
$3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600
$120,097,240

$78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259 $3,761,430
$121,742 $118,142 $118,142
$3,600 $3,600 $120,097,240

$78,540,174 $74,875,441
$3,664,733 $41,435,324 $23,908,635 $13,765,259
$3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600
$120,097,240

$78,540,174 $74,875,441
$3,664,733 $41,435,324 $23,908,635 $13,765,259
$3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600
$120,097,240

190.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,031)

($7,031)

($7,031)

($7,031)

190.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($38,299)

($41,120)

($41,120)

($41,120)

190.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,230

$3,230

$3,230

$3,230

190.4 Reduce funds by furloughing employees.

State General Funds

($20,994)

($20,994)

($20,994)

($20,994)

190.5 Reduce funds from Alzheimer's Services for a loss of 20,500 hours of day care and mobile day care annually.

State General Funds

($415,281)

($415,281)

($190,281)

($190,281)

190.6 Reduce funds from the Senior Connections contract in DeKalb County.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

190.7 Reduce funds from the Haralson County Senior Center contract for congregate meals.

State General Funds

($15,000)

($15,000)

($15,000)

($15,000)

190.8 Eliminate funds for Alzheimer's Congregational Respite training.

State General Funds

($96,000)

($96,000)

($96,000)

($96,000)

190.9 Eliminate funds for Naturally Occurring Retirement Communities (NORCs). (H and S:Partially restore funds for the remainder of the fiscal year)

State General Funds

($295,000)

($295,000)

($282,500)

($282,500)

MONDAY, MARCH 9, 2009

1611

190.10 Eliminate funds for "Wellness: Take Charge of your Health" and the associated vacant state office position.

State General Funds

($402,169)

($402,169)

($402,169)

($402,169)

190.11 Reduce funds by eliminating four positions employed by regional contractors to coordinate wellness and nutrition programs.

State General Funds

($560,330)

($560,330)

($560,330)

($560,330)

190.12 Reduce and defer funds received in HB990 (FY09G) for the 3% provider rate increase for the Community Care Services Program (CCSP).

State General Funds

($1,350,227) ($1,350,227) ($1,350,227) ($1,350,227)

190.13 Reduce funds from contracts by 1%.

State General Funds

($7,057)

($7,057)

($7,057)

($7,057)

190.14 Reduce funds for non-Medicaid home and community based (day care, respite, personal care) services through attrition. (H and S:Restore funds for the last quarter of the fiscal year)

State General Funds

($1,171,371) ($1,171,371)

($878,528)

($878,528)

190.15 Transfer state funds to Elder Support Services Program and replace with tobacco settlement funds.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

($1,409,144) $1,409,144
$0

($1,409,144) $1,409,144
$0

($1,409,144) $1,409,144
$0

($1,409,144) $1,409,144
$0

190.16 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($6,355,523) $6,355,523
$0

($7,882,457) $7,882,457
$0

($7,882,457) $7,882,457
$0

190.100-Elder Community Living Services

Appropriation (HB 118)

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

$74,144,645 $67,786,301 $66,789,710 $66,789,710

State General Funds

$69,070,768 $62,712,424 $61,715,833 $61,715,833

Tobacco Settlement Funds

$5,073,877

$5,073,877

$5,073,877

$5,073,877

TOTAL FEDERAL FUNDS

$41,435,324 $47,790,847 $49,317,781 $49,317,781

Federal Funds Not Itemized

$23,908,635 $23,908,635 $23,908,635 $23,908,635

Medical Assistance Program CFDA93.778

$13,765,259 $20,120,782 $21,647,716 $21,647,716

Social Services Block Grant CFDA93.667

$3,761,430

$3,761,430

$3,761,430

$3,761,430

TOTAL AGENCY FUNDS

$121,742

$121,742

$121,742

$121,742

Contributions, Donations, and Forfeitures

$118,142

$118,142

$118,142

$118,142

Contributions, Donations, and Forfeitures Not Itemized

$118,142

$118,142

$118,142

$118,142

Sales and Services

$3,600

$3,600

$3,600

$3,600

Sales and Services Not Itemized

$3,600

$3,600

$3,600

$3,600

TOTAL PUBLIC FUNDS

$115,701,711 $115,698,890 $116,229,233 $116,229,233

Elder Support Services

Continuation Budget

1612

JOURNAL OF THE HOUSE

The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636

$4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636

$4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636

$4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636

191.1 Defer the FY09 cost of living adjustment.

State General Funds

($573)

($573)

($573)

($573)

191.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($3,119)

($3,349)

($3,349)

($3,349)

191.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$719

$719

$719

$719

191.4 Transfer tobacco funds to the Elder Community Services Program and replace with state funds.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

$1,409,144 ($1,409,144)
$0

$1,409,144 ($1,409,144)
$0

$1,409,144 ($1,409,144)
$0

$1,409,144 ($1,409,144)
$0

191.5 Reduce and defer funds received in HB990 (FY09G) for the Nutritional Services Incentive Program for Meals on Wheels and congregate meals (99,500 meals) for at-risk seniors. (H and S:Fund the Nutritional Services Incentive program for the final quarter of the fiscal year)

State General Funds

($1,045,000) ($1,045,000)

($783,750)

($783,750)

191.6 Eliminate funds for the GeorgiaCares Prescription Assistance Program and eliminate the associated vacant state office position.

State General Funds

($358,220)

($358,220)

($358,220)

($358,220)

191.7 Eliminate funds for the Naturally Occurring Retirement Communities (NORCs). (H and S:Partially restore funds)

State General Funds

($280,000)

($280,000)

($267,500)

($267,500)

191.8 Eliminate funds for the Life Long Planning program and eliminate the associated vacant state office position.

State General Funds

($1,040,891) ($1,040,891) ($1,040,891) ($1,040,891)

191.100-Elder Support Services

Appropriation (HB 118)

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

$1,859,145

$1,858,915

$2,132,665

$2,132,665

State General Funds

$741,216

$740,986

$1,014,736

$1,014,736

MONDAY, MARCH 9, 2009

1613

Tobacco Settlement Funds TOTAL FEDERAL FUNDS
Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$1,117,929 $5,901,407 $5,901,407 $7,760,552

$1,117,929 $5,901,407 $5,901,407 $7,760,322

$1,117,929 $5,901,407 $5,901,407 $8,034,072

$1,117,929 $5,901,407 $5,901,407 $8,034,072

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 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 Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$56,870,673 $56,870,673 $64,692,923 $4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

$56,870,673 $56,870,673 $64,692,923
$4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

$56,870,673 $56,870,673 $64,692,923
$4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

$56,870,673 $56,870,673 $64,692,923
$4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

192.1 Defer the FY09 cost of living adjustment.

State General Funds

($127,799)

($127,799)

($127,799)

($127,799)

192.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($696,234)

($747,515)

($747,515)

($747,515)

192.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,391,702

$1,391,702

$1,391,702

$1,391,702

192.4 Reduce funds through furloughs and attrition.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($631,646) ($631,646) ($1,263,292)

($631,646) ($631,646) ($1,263,292)

($631,646) ($631,646) ($1,263,292)

($631,646) ($631,646) ($1,263,292)

192.100-Eligibility Determination

Appropriation (HB 118)

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.

1614

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL 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 Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$56,806,696 $56,806,696 $64,061,277 $4,993,663 $1,982,030
$346,557 $56,239,027
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,055,370

$56,755,415 $56,755,415 $64,061,277 $4,993,663 $1,982,030
$346,557 $56,239,027
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,004,089

$56,755,415 $56,755,415 $64,061,277 $4,993,663 $1,982,030
$346,557 $56,239,027
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,004,089

$56,755,415 $56,755,415 $64,061,277 $4,993,663 $1,982,030
$346,557 $56,239,027
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,004,089

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 Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

193.1 Defer the FY09 cost of living adjustment.

State General Funds

($22,835)

($22,835)

($22,835)

($22,835)

193.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($124,397)

($133,559)

($133,559)

($133,559)

193.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$9,184

$9,184

$9,184

$9,184

193.4 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%.

State General Funds

($67,802)

($67,802)

($33,901)

($33,901)

193.5 Reduce funds from Trauma Center contracts.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

MONDAY, MARCH 9, 2009

1615

193.6 Reduce funds to reflect savings related to reduced expense for antiviral storage.

State General Funds

($100,000)

193.7 Reduce funds by eliminating three vacant positions.

State General Funds

($125,854)

193.8 Reduce funds by furloughing employees.

State General Funds

($70,220)

193.9 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($7,540)

($100,000) ($125,854) ($70,220)
($7,540)

($100,000) ($125,854) ($70,220)
($7,540)

($100,000) ($125,854) ($70,220)
($7,540)

193.100-Emergency Preparedness / Trauma System Improvement

Appropriation (HB 118)

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

$4,892,239

$4,883,077

$4,916,978

$4,916,978

State General Funds

$4,892,239

$4,883,077

$4,916,978

$4,916,978

TOTAL FEDERAL FUNDS

$42,726,666 $42,726,666 $42,726,666 $42,726,666

Federal Funds Not Itemized

$41,171,412 $41,171,412 $41,171,412 $41,171,412

Maternal & Child Health Services Block Grant CFDA93.994

$407,750

$407,750

$407,750

$407,750

Preventive Health & Health Services Block Grant CFDA93.991

$1,147,504

$1,147,504

$1,147,504

$1,147,504

TOTAL PUBLIC FUNDS

$47,618,905 $47,609,743 $47,643,644 $47,643,644

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

$0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632

194.100-Energy Assistance

Appropriation (HB 118)

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

$24,281,180 $24,281,180 $4,384,452

1616

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 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

$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

$804,904 $804,904 $3,579,548 $3,579,548 $28,665,632
$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

195.1 Defer the FY09 cost of living adjustment.

State General Funds

($57,698)

($57,698)

($57,698)

($57,698)

195.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($314,335)

($337,487)

($337,487)

($337,487)

195.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,008

$1,008

$1,008

$1,008

195.4 Reduce funds by furloughing employees.

State General Funds

($46,780)

($46,780)

($46,780)

($46,780)

195.5 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%.

State General Funds

($48,406)

($48,406)

($24,203)

($24,203)

195.6 Reduce funds by eliminating three vacant positions.

State General Funds

($139,954)

($139,954)

($139,954)

($139,954)

MONDAY, MARCH 9, 2009

1617

195.7 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($1,130)

($1,130)

($1,130)

($1,130)

195.100 -Epidemiology

Appropriation (HB 118)

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

TOTAL STATE FUNDS

$5,389,307

$5,366,155

$5,390,358

State General Funds

$5,273,670

$5,250,518

$5,274,721

Tobacco Settlement Funds

$115,637

$115,637

$115,637

TOTAL FEDERAL FUNDS

$6,419,324

$6,419,324

$6,419,324

Federal Funds Not Itemized

$6,017,054

$6,017,054

$6,017,054

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

$53,000

$53,000

$53,000

Contributions, Donations, and Forfeitures

$53,000

$53,000

$53,000

Contributions, Donations, and Forfeitures Not Itemized

$53,000

$53,000

$53,000

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

$11,914,451 $11,891,299 $11,915,502

$5,390,358 $5,274,721
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $11,915,502

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861
$70,000 $70,000 $70,000 $16,414,270

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861
$70,000 $70,000 $70,000 $16,414,270

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861
$70,000 $70,000 $70,000 $16,414,270

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861
$70,000 $70,000 $70,000 $16,414,270

196.1 Defer the FY09 cost of living adjustment.

State General Funds

($54,807)

($54,807)

($54,807)

($54,807)

196.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

1618

JOURNAL OF THE HOUSE

State General Funds

($298,581)

($320,573)

($320,573)

($320,573)

196.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,996

$5,996

$5,996

$5,996

196.4 Reduce funds by furloughing employees.

State General Funds

($121,300)

($121,300)

($121,300)

($121,300)

196.5 Reduce funds from Adult Day Care by eliminating two positions and postponing the implementation of the new licensure program mandated by law.

State General Funds

($212,500)

($212,500)

($212,500)

($212,500)

196.6 Reduce funds by eliminating one vacant personal care home (PCH) surveyor position.

State General Funds

($77,771)

($77,771)

($77,771)

($77,771)

196.7 Reduce funds from the contract with the State Fire Marshall's Office for federal life safety inspections of residential healthcare facilities by 1%.

State General Funds

($3,200)

($3,200)

($3,200)

($3,200)

196.8 Reduce funds by eliminating one vacant diagnostic surveyor position.

State General Funds

($14,330)

($14,330)

($14,330)

($14,330)

196.9 Reduce funds by eliminating the Rules Coordinator and mid-level management positions of the centralized complaint intake unit.

State General Funds

($148,871)

($148,871)

($148,871)

($148,871)

196.10 Reduce funds from Long-Term Care Licensing operations.

State General Funds

($200,000)

$0

196.99

SAC: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. House: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. Gov Rev: The purpose of this appropriation is to license foster care residential facilities, child placing agencies, and health care facilities. Governor: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities.

State General Funds

$0

$0

$0

$0

196.100-Facility and Provider Regulation

Appropriation (HB 118)

The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities.

TOTAL STATE FUNDS

$7,833,904

$7,811,912

$7,611,912

$7,811,912

State General Funds

$7,833,904

$7,811,912

$7,611,912

$7,811,912

TOTAL FEDERAL FUNDS

$7,585,002

$7,585,002

$7,585,002

$7,585,002

Federal Funds Not Itemized

$4,830,573

$4,830,573

$4,830,573

$4,830,573

Foster Care Title IV-E CFDA93.658

$312,568

$312,568

$312,568

$312,568

Medical Assistance Program CFDA93.778

$2,441,861

$2,441,861

$2,441,861

$2,441,861

TOTAL AGENCY FUNDS

$70,000

$70,000

$70,000

$70,000

Sales and Services

$70,000

$70,000

$70,000

$70,000

Sales and Services Not Itemized

$70,000

$70,000

$70,000

$70,000

TOTAL PUBLIC FUNDS

$15,488,906 $15,466,914 $15,266,914 $15,466,914

MONDAY, MARCH 9, 2009

1619

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

$6,151,950 $6,151,950 $7,848,758 $2,083,044
$200,470 $5,565,244 $5,565,244 $14,000,708

$6,151,950 $6,151,950 $7,848,758 $2,083,044
$200,470 $5,565,244 $5,565,244 $14,000,708

$6,151,950 $6,151,950 $7,848,758 $2,083,044
$200,470 $5,565,244 $5,565,244 $14,000,708

$6,151,950 $6,151,950 $7,848,758 $2,083,044
$200,470 $5,565,244 $5,565,244 $14,000,708

197.1 Reduce funds received in HB990 (FY09G) for domestic violence centers. (H and S:Partially restore funds)

State General Funds

($815,000)

($815,000)

($615,000)

($615,000)

197.2 Reduce funds received in HB990 (FY09G) for rape crisis centers. (H and S:Partially restore funds)

State General Funds

($635,000)

($635,000)

($535,000)

($535,000)

197.99

SAC: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. House: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Gov Rev: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Governor: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state.

State General Funds

$0

$0

$0

$0

197.100-Family Violence Services

Appropriation (HB 118)

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide

education about family violence to communities across the state.

TOTAL STATE FUNDS

$4,701,950

$4,701,950

$5,001,950

$5,001,950

State General Funds

$4,701,950

$4,701,950

$5,001,950

$5,001,950

TOTAL FEDERAL FUNDS

$7,848,758

$7,848,758

$7,848,758

$7,848,758

Federal Funds Not Itemized

$2,083,044

$2,083,044

$2,083,044

$2,083,044

Preventive Health & Health Services Block Grant CFDA93.991

$200,470

$200,470

$200,470

$200,470

Temporary Assistance for Needy Families

$5,565,244

$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

$5,565,244

TOTAL PUBLIC FUNDS

$12,550,708 $12,550,708 $12,850,708 $12,850,708

1620

JOURNAL OF THE HOUSE

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 $21,966,009 $21,966,009 $21,966,009

$0 $0 $21,966,009 $21,966,009 $21,966,009

$0 $0 $21,966,009 $21,966,009 $21,966,009

$0 $0 $21,966,009 $21,966,009 $21,966,009

198.1 Increase funds. TANF Unobligated Balance per 42 USC 604

$15,382,527 $15,382,527 $15,382,527 $15,382,527

198.100-Federal Unobligated Balances

Appropriation (HB 118)

The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided.

TOTAL FEDERAL FUNDS

$37,348,536 $37,348,536 $37,348,536

TANF Unobligated Balance per 42 USC 604

$37,348,536 $37,348,536 $37,348,536

TOTAL PUBLIC FUNDS

$37,348,536 $37,348,536 $37,348,536

$37,348,536 $37,348,536 $37,348,536

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

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409 $12,409 $93,658,984

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409 $12,409 $93,658,984

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409 $12,409 $93,658,984

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409 $12,409 $93,658,984

199.1 Defer the FY09 cost of living adjustment.

State General Funds

($204,350)

($204,350)

($204,350)

($204,350)

199.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,113,272) ($1,195,269) ($1,195,269) ($1,195,269)

199.3 Reduce funds through attrition.

MONDAY, MARCH 9, 2009

1621

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($560,139) ($560,139) ($1,120,278)

($560,139) ($560,139) ($1,120,278)

($560,139) ($560,139) ($1,120,278)

($560,139) ($560,139) ($1,120,278)

199.100-Food Stamp Eligibility and Benefits

Appropriation (HB 118)

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

$37,712,728 $37,630,731 $37,630,731 $37,630,731

State General Funds

$37,712,728 $37,630,731 $37,630,731 $37,630,731

TOTAL FEDERAL FUNDS

$53,495,947 $53,495,947 $53,495,947 $53,495,947

Federal Funds Not Itemized

$53,495,947 $53,495,947 $53,495,947 $53,495,947

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

$91,221,084 $91,139,087 $91,139,087 $91,139,087

Immunization

Continuation Budget

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,962,587 $11,962,587 $15,888,264 $7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

$11,962,587 $11,962,587 $15,888,264
$7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

$11,962,587 $11,962,587 $15,888,264
$7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

$11,962,587 $11,962,587 $15,888,264
$7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

200.1 Defer the FY09 cost of living adjustment.

State General Funds

($100,574)

($100,574)

($100,574)

($100,574)

200.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($547,913)

($588,269)

($588,269)

($588,269)

200.3 Reduce funds by furloughing employees.

State General Funds

($22,860)

($22,860)

($22,860)

($22,860)

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200.4 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%.

State General Funds

($306,856)

($306,856)

200.5 Replace funds for the purchase of Rotavirus vaccines for under-insured infants.

State General Funds Maternal & Child Health Services Block Grant CFDA93.994 TOTAL PUBLIC FUNDS

($402,131) $402,131
$0

($402,131) $402,131
$0

($153,428)
($402,131) $402,131
$0

($153,428)
($402,131) $402,131
$0

200.100 -Immunization

Appropriation (HB 118)

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS

$10,582,253 $10,541,897 $10,695,325

State General Funds

$10,582,253 $10,541,897 $10,695,325

TOTAL FEDERAL FUNDS

$16,290,395 $16,290,395 $16,290,395

Federal Funds Not Itemized

$7,100,850

$7,100,850

$7,100,850

Maternal & Child Health Services Block Grant CFDA93.994

$7,164,877

$7,164,877

$7,164,877

Medical Assistance Program CFDA93.778

$1,320,956

$1,320,956

$1,320,956

Preventive Health & Health Services Block Grant CFDA93.991

$703,712

$703,712

$703,712

TOTAL AGENCY FUNDS

$469,946

$469,946

$469,946

Sales and Services

$469,946

$469,946

$469,946

Sales and Services Not Itemized

$469,946

$469,946

$469,946

TOTAL PUBLIC FUNDS

$27,342,594 $27,302,238 $27,455,666

$10,695,325 $10,695,325 $16,290,395 $7,100,850 $7,164,877 $1,320,956
$703,712 $469,946 $469,946 $469,946 $27,455,666

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

$38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372
$267,356 $67,286,978

$38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372
$267,356 $67,286,978

$38,933,461 $38,933,461 $28,353,517 $18,461,228
$8,086,561 $1,538,372
$267,356 $67,286,978

$38,933,461 $38,933,461 $28,353,517 $18,461,228
$8,086,561 $1,538,372
$267,356 $67,286,978

201.1 Defer the FY09 cost of living adjustment.

State General Funds

($341,404)

($341,404)

($341,404)

($341,404)

201.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,859,920) ($1,996,911) ($1,996,911) ($1,996,911)

MONDAY, MARCH 9, 2009

1623

201.3 Reduce funds by furloughing employees.

State General Funds

($22,450)

($22,450)

($22,450)

($22,450)

201.4 Reduce and defer funds received in HB990 (FY09G) for a second sickle cell bus.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

201.5 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%.

State General Funds

($289,854)

($289,854)

($144,927)

($144,927)

201.6 Reduce funds from Tertiary Care Center administration contracts.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

201.7 Reduce funds by shifting five positions to federal funds.

State General Funds

($260,349)

($260,349)

($260,349)

($260,349)

201.8 Reduce funds from Children's Medical Services for the purchase of supplies and other expenses.

State General Funds

($264,000)

($264,000)

($264,000)

($264,000)

201.9 Reduce funds from Babies Can't Wait by realizing savings achieved with the implementation of an integrated and more medically appropriate system for serving children with special needs.

State General Funds

($1,200,000) ($1,200,000) ($1,200,000) ($1,200,000)

201.10 Reduce funds and defer the planned expansion of the purchase of car beds.

State General Funds

($36,000)

($36,000)

($36,000)

($36,000)

201.11 Reduce funds from sickle cell services provided by the Fulton-DeKalb Hospital Authority.

State General Funds

($88,796)

($88,796)

($88,796)

($88,796)

201.12 Reduce funds from the Hemophilia of Georgia contract.

State General Funds

($382,000)

($382,000)

($182,000)

($182,000)

201.13 Reduce funds from the Infant and Maternal Health Advisory Council.

State General Funds

($144,430)

($144,430)

($144,430)

($144,430)

201.14 Reduce unobligated funds previously used for Tertiary Care Center contracts management.

State General Funds

($466,137)

($466,137)

($466,137)

($466,137)

201.15 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($21,218)

($21,218)

($21,218)

($21,218)

201.16 Reduce funds by eliminating two vacant positions.

State General Funds

($92,084)

($92,084)

($92,084)

($92,084)

201.100-Infant and Child Essential Health Treatment Services

Appropriation (HB 118)

The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children.

1624

JOURNAL OF THE HOUSE

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

$32,964,819 $32,964,819 $28,353,517 $18,461,228 $8,086,561 $1,538,372
$267,356 $61,318,336

$32,827,828 $32,827,828 $28,353,517 $18,461,228 $8,086,561 $1,538,372
$267,356 $61,181,345

$33,172,755 $33,172,755 $28,353,517 $18,461,228 $8,086,561 $1,538,372
$267,356 $61,526,272

$33,172,755 $33,172,755 $28,353,517 $18,461,228 $8,086,561 $1,538,372
$267,356 $61,526,272

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 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 National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577
$156,221 $4,094,783 $4,094,783
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694

$29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577
$156,221 $4,094,783 $4,094,783
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694

$29,858,162 $29,858,162 $275,131,707 $260,701,797
$3,813,329 $6,365,577
$156,221 $4,094,783 $4,094,783
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694

$29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577
$156,221 $4,094,783 $4,094,783
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694

202.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,439,198) ($1,439,198) ($1,439,198) ($1,439,198)

202.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($7,840,534) ($8,418,023) ($8,418,023) ($8,418,023)

202.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$8,988

$8,988

$8,988

$8,988

202.4 Reduce contracts through reduced utilization and administrative efficiencies.

State General Funds

($4,760)

($4,760)

($4,760)

($4,760)

MONDAY, MARCH 9, 2009

1625

202.5 Reduce funds by furloughing employees.

State General Funds

($32,000)

($32,000)

($32,000)

($32,000)

202.6 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%.

State General Funds

($512,513)

($512,513)

($256,256)

($256,257)

202.7 Reduce funds and defer the purchase of car seats.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

202.8 Reduce funds to recognize administrative efficiencies in the newborn screening follow-up contract with Emory University.

State General Funds

($134,320)

($134,320)

($134,320)

($134,320)

202.9 Reduce and defer funds received in HB95 (FY08G) for YMCA Youth Fit for Life.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

202.10 Reduce and defer funds received in HB990 (FY09G) for Safe House Outreach.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

202.11 Reduce funds from the implementation of an integrated and more medically appropriate system for serving children with special needs.

State General Funds

($545,069)

($545,069)

($545,069)

($545,069)

202.12 Reduce funds by shifting six positions to federal funds.

State General Funds

($405,464)

($405,464)

($405,464)

($405,464)

202.13 Reduce funds by eliminating nine vacant positions.

State General Funds

($380,875)

($380,875)

($380,875)

($380,875)

202.14 Reduce funds by closing the Georgia Public Health (GPH) Laboratory on Saturdays and delaying the purchase of lab supplies.

State General Funds

($335,700)

($335,700)

($335,700)

($335,700)

202.100-Infant and Child Health Promotion

Appropriation (HB 118)

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

TOTAL STATE FUNDS

$17,896,717 $17,319,228 $17,575,485

State General Funds

$17,896,717 $17,319,228 $17,575,485

TOTAL FEDERAL FUNDS

$275,131,707 $275,131,707 $275,131,707

Federal Funds Not Itemized

$260,701,797 $260,701,797 $260,701,797

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

$6,365,577

Preventive Health & Health Services Block Grant CFDA93.991

$156,221

$156,221

$156,221

Temporary Assistance for Needy Families

$4,094,783

$4,094,783

$4,094,783

Temporary Assistance for Needy Families Grant CFDA93.558

$4,094,783

$4,094,783

$4,094,783

TOTAL AGENCY FUNDS

$49,137

$49,137

$49,137

Contributions, Donations, and Forfeitures

$49,137

$49,137

$49,137

Contributions, Donations, and Forfeitures Not Itemized

$49,137

$49,137

$49,137

$17,575,484 $17,575,484 $275,131,707 $260,701,797 $3,813,329 $6,365,577
$156,221 $4,094,783 $4,094,783
$49,137 $49,137 $49,137

1626

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$70,688 $70,688 $70,688 $293,148,249

$70,688 $70,688 $70,688 $292,570,760

$70,688 $70,688 $70,688 $292,827,017

$70,688 $70,688 $70,688 $292,827,016

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

$41,912,787 $41,912,787 $59,503,141 $58,704,521
$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

$41,912,787 $41,912,787 $59,503,141 $58,704,521
$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

$41,912,787 $41,912,787 $59,503,141 $58,704,521
$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

$41,912,787 $41,912,787 $59,503,141 $58,704,521
$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

203.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,180,930) ($1,180,930) ($1,180,930) ($1,180,930)

203.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($2,395,396) ($2,571,827) ($2,571,827) ($2,571,827)

203.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,334

$1,334

$1,334

$1,334

203.4 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($26,316)

($26,316)

($26,316)

($26,316)

203.5 Reduce funds by eliminating eight vacant positions.

State General Funds

($396,186)

($396,186)

($396,186)

($396,186)

203.6 Reduce funds by furloughing employees.

State General Funds

($66,190)

($66,190)

($66,190)

($66,190)

203.7 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%.

State General Funds

($367,229)

($367,229)

($183,615)

($183,615)

MONDAY, MARCH 9, 2009

1627

203.8 Reduce funds from the purchase of supplies and other laboratory expenses.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

203.100-Infectious Disease Control

Appropriation (HB 118)

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

$37,081,874 $36,905,443 $37,089,057 $37,089,057

State General Funds

$37,081,874 $36,905,443 $37,089,057 $37,089,057

TOTAL FEDERAL FUNDS

$59,503,141 $59,503,141 $59,503,141 $59,503,141

Federal Funds Not Itemized

$58,704,521 $58,704,521 $58,704,521 $58,704,521

Maternal & Child Health Services Block Grant CFDA93.994

$484,489

$484,489

$484,489

$484,489

Medical Assistance Program CFDA93.778

$314,131

$314,131

$314,131

$314,131

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

$96,735,015 $96,558,584 $96,742,198 $96,742,198

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 PUBLIC FUNDS

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

204.1 Defer the FY09 cost of living adjustment.

State General Funds

($16,770)

($16,770)

($16,770)

($16,770)

204.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($91,364)

($98,093)

($98,093)

($98,093)

204.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$447

$447

$447

$447

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JOURNAL OF THE HOUSE

204.4 Reduce funds by furloughing employees.

State General Funds

($7,870)

($7,870)

($7,870)

204.5 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%.

State General Funds

($17,500)

($17,500)

($8,750)

204.6 Reduce funds by eliminating one vacant position.

State General Funds

($41,227)

($41,227)

($41,227)

204.7 Reduce funds by discontinuing suicide prevention planning activities. (H:Partially restore funds)(S:Restore funds)

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

($106,176) ($150,000) ($256,176)

($106,176) ($150,000) ($256,176)

($81,176) ($150,000) ($231,176)

($7,870)
($8,750)
($41,227)
$0 $0 $0

204.100-Injury Prevention

Appropriation (HB 118)

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

$827,153

$820,424

$854,174

$1,085,350

State General Funds

$827,153

$820,424

$854,174

$935,350

Tobacco Settlement Funds

$150,000

TOTAL FEDERAL FUNDS

$1,459,130

$1,459,130

$1,459,130

$1,459,130

Federal Funds Not Itemized

$1,317,700

$1,317,700

$1,317,700

$1,317,700

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 PUBLIC FUNDS

$2,286,283

$2,279,554

$2,313,304

$2,544,480

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

$18,927,060 $18,927,060 $1,320,931
$707,327 $200,210
$76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253

$18,927,060 $18,927,060 $1,320,931
$707,327 $200,210
$76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253

$18,927,060 $18,927,060
$1,320,931 $707,327 $200,210 $76,622 $336,772 $438,262 $438,262 $438,262
$20,686,253

$18,927,060 $18,927,060 $1,320,931
$707,327 $200,210
$76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253

MONDAY, MARCH 9, 2009

1629

205.1 Defer the FY09 cost of living adjustment.

State General Funds

($53,831)

($53,831)

($53,831)

($53,831)

205.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($293,264)

($314,864)

($314,864)

($314,864)

205.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$787

$787

$787

$787

205.4 Reduce funds from general grant-in-aid sent to districts and local county boards of health by 3.5%.

State General Funds

($520,834)

($520,834)

($260,417)

($260,417)

205.5 Reduce funds by eliminating one vacant position.

State General Funds

($73,162)

($73,162)

($73,162)

($73,162)

205.6 Reduce funds by furloughing employees.

State General Funds

($34,500)

($34,500)

($34,500)

($34,500)

205.100-Inspections and Environmental Hazard Control

Appropriation (HB 118)

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

$17,952,256 $17,930,656 $18,191,073 $18,191,073

State General Funds

$17,952,256 $17,930,656 $18,191,073 $18,191,073

TOTAL FEDERAL FUNDS

$1,320,931

$1,320,931

$1,320,931

$1,320,931

Federal Funds Not Itemized

$707,327

$707,327

$707,327

$707,327

Maternal & Child Health Services Block Grant CFDA93.994

$200,210

$200,210

$200,210

$200,210

Medical Assistance Program CFDA93.778

$76,622

$76,622

$76,622

$76,622

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

Sales and Services

$438,262

$438,262

$438,262

$438,262

Sales and Services Not Itemized

$438,262

$438,262

$438,262

$438,262

TOTAL PUBLIC FUNDS

$19,711,449 $19,689,849 $19,950,266 $19,950,266

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

$115,871,866 $115,871,866 $147,982,830
$12,332,000

$115,871,866 $115,871,866 $147,982,830
$12,332,000

$115,871,866 $115,871,866 $147,982,830 $12,332,000

$115,871,866 $115,871,866 $147,982,830 $12,332,000

1630

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 PUBLIC FUNDS

$44,836,738 $90,814,092 $90,814,092 $263,854,696

$44,836,738 $90,814,092 $90,814,092 $263,854,696

$44,836,738 $90,814,092 $90,814,092 $263,854,696

$44,836,738 $90,814,092 $90,814,092 $263,854,696

206.1 Reduce funds through a reduction of the Child Placing Agency (CPA) case management rate for the lowest three levels of care. (H:Restore reimbursement rates for the final quarter of the fiscal year)

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($1,352,236) ($431,658)
($1,783,894)

($1,352,236) ($431,658)
($1,783,894)

($901,492) ($281,410) ($1,182,902)

($1,352,236) ($431,658)
($1,783,894)

206.2 Reduce funds and partially replace with funds received from other divisions.

State General Funds Foster Care Title IV-E CFDA93.658 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($12,000,000) ($2,956,859) $12,000,000 ($2,956,859)

($12,000,000) ($2,956,859) $12,000,000 ($2,956,859)

($12,000,000) ($2,956,859) $12,000,000 ($2,956,859)

($12,000,000) ($2,956,859) $12,000,000 ($2,956,859)

206.3 Transfer funds for Grandparents Raising Grandchildren to the Support for Needy Families - Basic Assistance program.

Temporary Assistance for Needy Families Grant CFDA93.558

($2,649,000) ($2,649,000) ($2,649,000) ($2,649,000)

206.4 Reduce funds through higher utilization of in-home services.

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($259,466) ($51,504) ($310,970)

($259,466) ($51,504) ($310,970)

($259,466) ($51,504) ($310,970)

($259,466) ($51,504) ($310,970)

206.5 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($2,897,786) $2,897,786
$0

206.100-Out of Home Care

Appropriation (HB 118)

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

$102,260,164 $102,260,164 $102,710,908 $99,362,378

State General Funds

$102,260,164 $102,260,164 $102,710,908 $99,362,378

TOTAL FEDERAL FUNDS

$153,893,809 $153,893,809 $154,044,057 $156,791,595

Federal Funds Not Itemized

$12,332,000 $12,332,000 $12,332,000 $12,332,000

Foster Care Title IV-E CFDA93.658

$41,396,717 $41,396,717 $41,546,965 $44,294,503

Temporary Assistance for Needy Families

$100,165,092 $100,165,092 $100,165,092 $100,165,092

Temporary Assistance for Needy Families Grant CFDA93.558

$100,165,092 $100,165,092 $100,165,092 $100,165,092

TOTAL PUBLIC FUNDS

$256,153,973 $256,153,973 $256,754,965 $256,153,973

MONDAY, MARCH 9, 2009

1631

Refugee Assistance

Continuation Budget

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $4,749,006 $4,749,006 $4,749,006

$0 $0 $4,749,006 $4,749,006 $4,749,006

$0 $0 $4,749,006 $4,749,006 $4,749,006

$0 $0 $4,749,006 $4,749,006 $4,749,006

208.100-Refugee Assistance

Appropriation (HB 118)

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

TOTAL FEDERAL FUNDS

$4,749,006

$4,749,006

$4,749,006

Federal Funds Not Itemized

$4,749,006

$4,749,006

$4,749,006

TOTAL PUBLIC FUNDS

$4,749,006

$4,749,006

$4,749,006

$4,749,006 $4,749,006 $4,749,006

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 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

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

209.1 Defer the FY09 cost of living adjustment.

State General Funds

($46,541)

($46,541)

($46,541)

($46,541)

209.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($253,552)

($272,228)

($272,228)

($272,228)

209.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$393

$393

$393

$393

209.4 Reduce funds by furloughing employees.

State General Funds

($9,710)

($9,710)

($9,710)

($9,710)

1632

JOURNAL OF THE HOUSE

209.5 Reduce funds from operations.

State General Funds

($400,600)

209.6 Reduce funds by shifting three positions and other expenses to federal funds.

State General Funds

($499,400)

($400,600) ($499,400)

($400,600) ($499,400)

($400,600) ($499,400)

209.100-Substance Abuse Prevention

Appropriation (HB 118)

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

$29,362

$10,686

$10,686

$10,686

State General Funds

$29,362

$10,686

$10,686

$10,686

TOTAL FEDERAL FUNDS

$22,893,046 $22,893,046 $22,893,046 $22,893,046

Federal Funds Not Itemized

$2,914,601

$2,914,601

$2,914,601

$2,914,601

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$19,978,445 $19,978,445 $19,978,445 $19,978,445

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

$23,116,408 $23,097,732 $23,097,732 $23,097,732

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 TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

210.1 Transfer funds from the Out of Home Care program for Grandparents Raising Grandchildren.

Temporary Assistance for Needy Families Grant CFDA93.558

$2,649,000

$2,649,000

210.2 Reduce funds and partially replace with funds received from other divisions.

Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS

$25,377,964 ($26,439,180)
($1,061,216)

$25,377,964 ($26,439,180)
($1,061,216)

210.3 Reduce funds.

State General Funds

$2,649,000
$25,377,964 ($26,439,180)
($1,061,216)
($100,000)

$2,649,000
$25,377,964 ($26,439,180) ($1,061,216)
$0

MONDAY, MARCH 9, 2009

1633

210.100-Support for Needy Families - Basic Assistance

Appropriation (HB 118)

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

$59,587,784 $59,587,784 $59,587,784 $59,587,784

Temporary Assistance for Needy Families

$28,026,964 $28,026,964 $28,026,964 $28,026,964

Temporary Assistance for Needy Families Grant CFDA93.558

$28,026,964 $28,026,964 $28,026,964 $28,026,964

TANF Unobligated Balance per 42 USC 604

$31,560,820 $31,560,820 $31,560,820 $31,560,820

TOTAL PUBLIC FUNDS

$59,687,784 $59,687,784 $59,587,784 $59,687,784

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142

$6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142

$6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142

$6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142

211.1 Defer the FY09 cost of living adjustment.

State General Funds

($509,751)

($509,751)

($509,751)

($509,751)

211.2 Defer salary adjustments for critical jobs.

State General Funds

($1,581,570) ($1,581,570) ($1,581,570) ($1,581,570)

211.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($2,777,047) ($2,981,589) ($2,981,589) ($2,981,589)

211.4 Reduce funds received in HB990 (FY09G) for rent increases associated with four new county Division of Family and Children Services (DFCS) offices. (S:Reflect the appropriation in line 211.101)

State General Funds Community Services Block Grant CFDA93.569 Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($673,696) ($210,700) ($20,147) ($904,543)

($673,696) ($210,700) ($20,147) ($904,543)

$0

($673,696)

$0

($210,700)

$0

($20,147)

$0

($904,543)

1634

JOURNAL OF THE HOUSE

211.100-Support for Needy Families - Family Assistance

Appropriation (HB 118)

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

$922,542

$718,000

$1,391,696

$718,000

State General Funds

$922,542

$718,000

$1,391,696

$718,000

TOTAL FEDERAL FUNDS

$48,123,689 $48,123,689 $48,354,536 $48,123,689

Community Services Block Grant CFDA93.569

$16,974,483 $16,974,483 $17,185,183 $16,974,483

Federal Funds Not Itemized

$1,623,078

$1,623,078

$1,643,225

$1,623,078

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

$49,046,231 $48,841,689 $49,746,232 $48,841,689

211.101 Special Project - Support for Needy Families - Family Assistance: Increase funds to plan for a new county owned DFCS facility in Carroll

County, Liberty County, Walton County, and Treutlen County.

State General Funds

$673,696

Community Services Block Grant CFDA93.569

$210,700

Federal Funds Not Itemized

$20,147

TOTAL PUBLIC FUNDS

$904,543

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

212.100-Support for Needy Families - Work Assistance

Appropriation (HB 118)

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

$25,519,348 $25,519,348 $25,519,348 $25,519,348

MONDAY, MARCH 9, 2009

1635

CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

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 PUBLIC FUNDS

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

213.1 Defer the FY09 cost of living adjustment.

State General Funds

($78,045)

($78,045)

($78,045)

($78,045)

213.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($425,178)

($456,494)

($456,494)

($456,494)

213.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,364

$2,364

$2,364

$2,364

213.4 Reduce funds by furloughing employees.

State General Funds

($13,990)

($13,990)

($13,990)

($13,990)

213.100-Vital Records

Appropriation (HB 118)

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

$3,249,594

$3,218,278

$3,218,278

$3,218,278

State General Funds

$3,249,594

$3,218,278

$3,218,278

$3,218,278

TOTAL FEDERAL FUNDS

$500,680

$500,680

$500,680

$500,680

Federal Funds Not Itemized

$500,680

$500,680

$500,680

$500,680

TOTAL PUBLIC FUNDS

$3,750,274

$3,718,958

$3,718,958

$3,718,958

1636

JOURNAL OF THE HOUSE

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250
$2,072,243

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250
$2,072,243

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250
$2,072,243

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250
$2,072,243

214.100-Brain and Spinal Injury Trust Fund

Appropriation (HB 118)

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 FEDERAL FUNDS

$100,000

$100,000

$100,000

$100,000

Federal Funds Not Itemized

$100,000

$100,000

$100,000

$100,000

TOTAL AGENCY FUNDS

$3,250

$3,250

$3,250

$3,250

Contributions, Donations, and Forfeitures

$3,250

$3,250

$3,250

$3,250

Contributions, Donations, and Forfeitures Not Itemized

$3,250

$3,250

$3,250

$3,250

TOTAL PUBLIC FUNDS

$2,072,243

$2,072,243

$2,072,243

$2,072,243

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

$252,352 $252,352 $252,352

$252,352 $252,352 $252,352

$252,352 $252,352 $252,352

$252,352 $252,352 $252,352

215.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,185)

($2,185)

($2,185)

($2,185)

215.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($10,444)

($11,213)

($11,213)

($11,213)

MONDAY, MARCH 9, 2009

1637

215.3 Reduce and defer funds received in HB990 (FY09G) for the Georgia for a Lifetime study (Project 2020). (H and S:Partially restore funds)

State General Funds

($50,000)

($50,000)

($40,000)

($40,000)

215.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($1,897)

$0

($1,897)

215.100-Council on Aging

Appropriation (HB 118)

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

$189,723

$187,057

$198,954

$197,057

State General Funds

$189,723

$187,057

$198,954

$197,057

TOTAL PUBLIC FUNDS

$189,723

$187,057

$198,954

$197,057

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

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

216.1 Defer the FY09 cost of living adjustment.

State General Funds

($10,655)

($10,655)

($10,655)

($10,655)

216.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($3,550)

($3,811)

($3,811)

($3,811)

216.3 Reduce funds and delay the hiring of a vacant program associate position.

State General Funds

($4,454)

($4,454)

($4,454)

($4,454)

216.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($523)

$0

($523)

216.100-Developmental Disabilities, Governor's Council on

Appropriation (HB 118)

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS

$52,258

$51,474

$51,997

State General Funds

$52,258

$51,474

$51,997

TOTAL FEDERAL FUNDS

$2,195,817

$2,195,817

$2,195,817

$51,474 $51,474 $2,195,817

1638

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$2,195,817 $2,248,075

$2,195,817 $2,247,291

$2,195,817 $2,247,814

$2,195,817 $2,247,291

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

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

217.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,959)

($2,959)

($2,959)

($2,959)

217.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($9,116)

($9,787)

($9,787)

($9,787)

217.3 Reduce funds from technical assistance and county collaborative contracts.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($908,499) ($431,499) ($1,339,998)

($908,499) ($431,499) ($1,339,998)

($908,499) ($431,499) ($1,339,998)

($908,499) ($431,499) ($1,339,998)

217.4 Reduce funds from operations.

State General Funds

($50,500)

($50,500)

($50,500)

($50,500)

217.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($86,298)

$0

($86,298)

217.100-Family Connection

Appropriation (HB 118)

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

$8,629,763

$8,542,794

$8,629,092

$8,542,794

State General Funds

$8,629,763

$8,542,794

$8,629,092

$8,542,794

TOTAL FEDERAL FUNDS

$2,037,272

$2,037,272

$2,037,272

$2,037,272

Medical Assistance Program CFDA93.778

$837,272

$837,272

$837,272

$837,272

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

$10,667,035 $10,580,066 $10,666,364 $10,580,066

MONDAY, MARCH 9, 2009

1639

Sexual Offender Review Board

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$955,737 $955,737 $955,737

$955,737 $955,737 $955,737

$955,737 $955,737 $955,737

$955,737 $955,737 $955,737

218.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,538)

($1,538)

($1,538)

($1,538)

218.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($18,164)

($19,502)

($19,502)

($19,502)

218.3 Reduce funds from operations.

State General Funds

($56,721)

($56,721)

($56,721)

($56,721)

218.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($8,793)

($8,793)

($8,793)

218.100-Sexual Offender Review Board

Appropriation (HB 118)

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

$879,314

$869,183

$869,183

$869,183

State General Funds

$879,314

$869,183

$869,183

$869,183

TOTAL PUBLIC FUNDS

$879,314

$869,183

$869,183

$869,183

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.

1640

JOURNAL OF THE HOUSE

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

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

$19,230,125 $19,230,125
$954,555 $954,555
$97,232 $97,232 $20,281,912

$19,230,125 $19,230,125
$954,555 $954,555
$97,232 $97,232 $20,281,912

$19,230,125 $19,230,125
$954,555 $954,555
$97,232 $97,232 $20,281,912

$19,230,125 $19,230,125
$954,555 $954,555
$97,232 $97,232 $20,281,912

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

$16,822,057 $16,586,565

$16,822,057 $16,586,565

$954,555

$954,555

$954,555

$954,555

$97,232

$97,232

$97,232

$97,232

$17,873,844 $17,638,352

$16,586,565 $16,586,565
$954,555 $954,555
$97,232 $97,232 $17,638,352

$16,586,565 $16,586,565
$954,555 $954,555
$97,232 $97,232 $17,638,352

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

$2,490,268 $2,490,268 $2,490,268

$2,490,268 $2,490,268 $2,490,268

$2,490,268 $2,490,268 $2,490,268

$2,490,268 $2,490,268 $2,490,268

219.1 Defer the FY09 cost of living adjustment.

State General Funds

($24,831)

($24,831)

($24,831)

($24,831)

219.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($15)

($15)

($15)

($15)

219.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($114,864)

($123,325)

($123,325)

($123,325)

MONDAY, MARCH 9, 2009

1641

219.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,212

$1,212

$1,212

$1,212

219.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($275,713)

($275,713)

($275,713)

($275,713)

219.6 Reduce funds from operations.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

219.7 Reduce funds for real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($1,041)

($1,041)

($1,041)

($1,041)

219.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($68,221)

($68,221)

($68,221)

219.100-Departmental Administration

Appropriation (HB 118)

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

$2,000,016

$1,923,334

$1,923,334

$1,923,334

State General Funds

$2,000,016

$1,923,334

$1,923,334

$1,923,334

TOTAL PUBLIC FUNDS

$2,000,016

$1,923,334

$1,923,334

$1,923,334

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

$883,508 $883,508 $883,508

$883,508 $883,508 $883,508

$883,508 $883,508 $883,508

$883,508 $883,508 $883,508

220.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,518)

($11,518)

($11,518)

($11,518)

220.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($8)

($8)

($8)

($8)

220.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($50,295)

($53,999)

($53,999)

($53,999)

220.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$307

$307

$307

$307

1642

JOURNAL OF THE HOUSE

220.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($100,713)

($100,713)

220.6 Reduce funds from various contracts.

State General Funds

($10,000)

($10,000)

220.7 Reduce funds for real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($3,968)

($3,968)

($100,713) ($10,000)
($3,968)

($100,713) ($10,000)
($3,968)

220.100 -Enforcement

Appropriation (HB 118)

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

$707,313

$703,609

$703,609

$703,609

State General Funds

$707,313

$703,609

$703,609

$703,609

TOTAL PUBLIC FUNDS

$707,313

$703,609

$703,609

$703,609

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

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232 $97,232 $6,700,976

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232 $97,232 $6,700,976

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232 $97,232 $6,700,976

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232 $97,232 $6,700,976

221.1 Defer the FY09 cost of living adjustment.

State General Funds

($74,298)

($74,298)

($74,298)

($74,298)

221.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($50)

($50)

($50)

($50)

221.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($310,133)

($332,976)

($332,976)

($332,976)

221.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,174

$4,174

$4,174

$4,174

221.5 Reduce funds from operations.

MONDAY, MARCH 9, 2009

1643

State General Funds

($62,500)

($62,500)

221.6 Reduce funds designated for vehicle purchases.

State General Funds

($51,373)

($51,373)

221.7 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($362,555)

($362,555)

221.8 Reduce funds for real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($7,961)

($7,961)

221.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($100,000)

($62,500) ($51,373) ($362,555)
($7,961) ($100,000)

($62,500) ($51,373) ($362,555)
($7,961) ($100,000)

221.100-Fire Safety

Appropriation (HB 118)

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

$4,784,493

$4,661,650

$4,661,650

$4,661,650

State General Funds

$4,784,493

$4,661,650

$4,661,650

$4,661,650

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

$5,836,280

$5,713,437

$5,713,437

$5,713,437

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

$782,187 $782,187 $782,187

$782,187 $782,187 $782,187

$782,187 $782,187 $782,187

$782,187 $782,187 $782,187

222.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,754)

($6,754)

($6,754)

($6,754)

222.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($5)

($5)

($5)

($5)

222.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($38,808)

($41,666)

($41,666)

($41,666)

1644

JOURNAL OF THE HOUSE

222.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$103

$103

$103

$103

222.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($110,712)

($110,712)

($110,712)

($110,712)

222.6 Reduce funds for real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($854)

($854)

($854)

($854)

222.100-Industrial Loan

Appropriation (HB 118)

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

$625,157

$622,299

$622,299

$622,299

State General Funds

$625,157

$622,299

$622,299

$622,299

TOTAL PUBLIC FUNDS

$625,157

$622,299

$622,299

$622,299

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

$6,090,259 $6,090,259 $6,090,259

$6,090,259 $6,090,259 $6,090,259

$6,090,259 $6,090,259 $6,090,259

$6,090,259 $6,090,259 $6,090,259

223.1 Defer the FY09 cost of living adjustment.

State General Funds

($61,152)

($61,152)

($61,152)

($61,152)

223.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($41)

($41)

($41)

($41)

223.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($284,371)

($305,316)

($305,316)

($305,316)

223.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,889

$3,889

$3,889

$3,889

223.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($180,000)

($180,000)

($180,000)

($180,000)

223.6 Reduce funds from operations.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

MONDAY, MARCH 9, 2009

1645

223.7 Reduce funds for real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($19,433)

($19,433)

($19,433)

($19,433)

223.100-Insurance Regulation

Appropriation (HB 118)

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

$5,519,151

$5,498,206

$5,498,206

$5,498,206

State General Funds

$5,519,151

$5,498,206

$5,498,206

$5,498,206

TOTAL PUBLIC FUNDS

$5,519,151

$5,498,206

$5,498,206

$5,498,206

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

$3,334,714 $3,334,714 $3,334,714

$3,334,714 $3,334,714 $3,334,714

$3,334,714 $3,334,714 $3,334,714

$3,334,714 $3,334,714 $3,334,714

224.1 Defer the FY09 cost of living adjustment.

State General Funds

($35,335)

($35,335)

($35,335)

($35,335)

224.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($24)

($24)

($24)

($24)

224.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($114,864)

($123,324)

($123,324)

($123,324)

224.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,436

$1,436

$1,436

$1,436

224.100-Special Fraud

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$3,185,927

$3,177,467

$3,177,467

State General Funds

$3,185,927

$3,177,467

$3,177,467

TOTAL PUBLIC FUNDS

$3,185,927

$3,177,467

$3,177,467

$3,177,467 $3,177,467 $3,177,467

Section 28: Investigation, Georgia Bureau of
TOTAL STATE FUNDS State General Funds

Section Total - Continuation

$77,283,568 $77,283,568

$77,283,568 $77,283,568

$77,283,568 $77,283,568

$77,283,568 $77,283,568

1646

JOURNAL OF THE HOUSE

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

$40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$135,081,645

$40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$135,081,645

$40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$135,081,645

$40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279 $135,081,645

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

$66,853,144 $66,635,306

$66,853,144 $66,635,306

$40,844,247 $40,844,247

$40,844,247 $40,844,247

$16,919,551 $16,919,551

$16,019,551 $16,019,551

$900,000

$900,000

$34,279

$34,279

$34,279

$34,279

$124,651,221 $124,433,383

$66,735,306 $66,735,306 $40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$124,533,383

$66,735,306 $66,735,306 $40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$124,533,383

Bureau Administration

Continuation Budget

The purpose of this appropriation is to provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining

law and order and protecting life and property.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,901,853 $9,901,853
$100,668 $100,668
$1,434 $1,434 $1,434 $10,003,955

$9,901,853 $9,901,853
$100,668 $100,668
$1,434 $1,434 $1,434 $10,003,955

$9,901,853 $9,901,853
$100,668 $100,668
$1,434 $1,434 $1,434 $10,003,955

$9,901,853 $9,901,853
$100,668 $100,668
$1,434 $1,434 $1,434 $10,003,955

225.1 Defer the FY09 cost of living adjustment.

State General Funds

($50,301)

($50,301)

($50,301)

($50,301)

225.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($198,972)

($213,627)

($213,627)

($213,627)

MONDAY, MARCH 9, 2009

1647

225.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$769,187

$769,187

$769,187

$769,187

225.4 Reduce funds through restructuring the security contract at the headquarters complex.

State General Funds

($331,211)

($331,211)

($331,211)

($331,211)

225.5 Transfer funds to the Regional Forensic Services program to prevent the closure of the Western Regional Crime Lab in Columbus, the Southwestern Regional Crime Lab in Moultrie, and the Southwestern Medical Examiner office.

State General Funds

($179,639)

($179,639)

225.100-Bureau Administration

Appropriation (HB 118)

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

$10,090,556 $10,075,901

$9,896,262

$9,896,262

State General Funds

$10,090,556 $10,075,901

$9,896,262

$9,896,262

TOTAL FEDERAL FUNDS

$100,668

$100,668

$100,668

$100,668

Federal Funds Not Itemized

$100,668

$100,668

$100,668

$100,668

TOTAL AGENCY FUNDS

$1,434

$1,434

$1,434

$1,434

Sales and Services

$1,434

$1,434

$1,434

$1,434

Sales and Services Not Itemized

$1,434

$1,434

$1,434

$1,434

TOTAL PUBLIC FUNDS

$10,192,658 $10,178,003

$9,998,364

$9,998,364

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,536,126 $14,536,126 $1,859,298 $1,859,298
$155,610 $155,610 $155,610 $16,551,034

$14,536,126 $14,536,126 $1,859,298
$1,859,298 $155,610 $155,610 $155,610
$16,551,034

$14,536,126 $14,536,126
$1,859,298 $1,859,298
$155,610 $155,610 $155,610 $16,551,034

$14,536,126 $14,536,126 $1,859,298
$1,859,298 $155,610 $155,610 $155,610
$16,551,034

226.1 Defer the FY09 cost of living adjustment. State General Funds 226.2 Defer structure adjustments to the statewide salary plan. State General Funds 226.3 Defer special adjustments to selected job classes. State General Funds

($32,008) ($31,277) ($246,580)

($32,008) ($31,277) ($246,580)

($32,008) ($31,277) ($246,580)

($32,008) ($31,277) ($246,580)

1648

JOURNAL OF THE HOUSE

226.4 Defer the special pay raise received 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)

($177,320)

($177,320)

226.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($596,915)

($640,880)

($640,880)

($640,880)

226.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$24,525

$24,525

$24,525

$24,525

226.7 Reduce funds through a hiring freeze.

State General Funds

($485,000)

($485,000)

($485,000)

($485,000)

226.8 Reduce funds by eliminating three hourly staff positions.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

226.9 Reduce funds from operations.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

226.10 Eliminate funds for forensic anthropology services and revert to contracted services when required.

State General Funds

($26,135)

($26,135)

($26,135)

($26,135)

226.100-Centralized Scientific Services

Appropriation (HB 118)

The purpose of this appropriation is to provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

TOTAL STATE FUNDS

$12,715,416 $12,671,451 $12,671,451

State General Funds

$12,715,416 $12,671,451 $12,671,451

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

Sales and Services Not Itemized

$155,610

$155,610

$155,610

TOTAL PUBLIC FUNDS

$14,730,324 $14,686,359 $14,686,359

$12,671,451 $12,671,451 $1,859,298 $1,859,298
$155,610 $155,610 $155,610 $14,686,359

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

$11,040,504 $11,040,504 $4,003,184 $4,003,184
$2,604

$11,040,504 $11,040,504 $4,003,184
$4,003,184 $2,604

$11,040,504 $11,040,504
$4,003,184 $4,003,184
$2,604

$11,040,504 $11,040,504 $4,003,184
$4,003,184 $2,604

MONDAY, MARCH 9, 2009

1649

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,604 $2,604 $15,046,292

$2,604 $2,604 $15,046,292

$2,604 $2,604 $15,046,292

$2,604 $2,604 $15,046,292

227.1 Defer the FY09 cost of living adjustment.

State General Funds

($100,256)

($100,256)

($100,256)

($100,256)

227.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($428,819)

($460,403)

($460,403)

($460,403)

227.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$145,435

$145,435

$145,435

$145,435

227.4 Reduce funds through a hiring freeze.

State General Funds

($576,841)

($576,841)

($576,841)

($576,841)

227.5 Reduce funds by eliminating thirty-five temporary labor positions used for data entry of criminal history information.

State General Funds

($598,503)

($598,503)

($598,503)

($598,503)

227.6 Reduce funds from operations.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

227.100-Criminal Justice Information Services

Appropriation (HB 118)

The purpose of this appropriation is to provide fingerprint identification and processing of criminal history source documents to create and update criminal

history records.

TOTAL STATE FUNDS

$9,431,520

$9,399,936

$9,399,936

$9,399,936

State General Funds

$9,431,520

$9,399,936

$9,399,936

$9,399,936

TOTAL FEDERAL FUNDS

$4,003,184

$4,003,184

$4,003,184

$4,003,184

Federal Funds Not Itemized

$4,003,184

$4,003,184

$4,003,184

$4,003,184

TOTAL AGENCY FUNDS

$2,604

$2,604

$2,604

$2,604

Sales and Services

$2,604

$2,604

$2,604

$2,604

Sales and Services Not Itemized

$2,604

$2,604

$2,604

$2,604

TOTAL PUBLIC FUNDS

$13,437,308 $13,405,724 $13,405,724 $13,405,724

Georgia Information Sharing and Analysis Center

Continuation Budget

The purpose of this appropriation is to serve as the focal point for collection, analysis, and dissemination of information relative to threats or attacks, of a

terrorist nature, within and against the State of Georgia, its citizens, or infrastructure.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

$939,414 $939,414 $360,025

$939,414 $939,414 $360,025

$939,414 $939,414 $360,025

$939,414 $939,414 $360,025

1650

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$360,025 $479 $479 $479
$1,299,918

$360,025 $479 $479 $479
$1,299,918

$360,025 $479 $479 $479
$1,299,918

$360,025 $479 $479 $479
$1,299,918

229.1 Defer the FY09 cost of living adjustment.

State General Funds

($9,026)

($9,026)

($9,026)

($9,026)

229.2 Defer the special pay raise received 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)

($35,289)

($35,289)

229.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($30,875)

($33,149)

($33,149)

($33,149)

229.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,739

$5,739

$5,739

$5,739

229.5 Reduce funds through a hiring freeze.

State General Funds

($85,000)

($85,000)

($85,000)

($85,000)

229.6 Reduce funds from operations.

State General Funds

($65,000)

($65,000)

($65,000)

($65,000)

229.100-Georgia Information Sharing and Analysis Center

Appropriation (HB 118)

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

$719,963

$717,689

$717,689

$717,689

State General Funds

$719,963

$717,689

$717,689

$717,689

TOTAL FEDERAL FUNDS

$360,025

$360,025

$360,025

$360,025

Federal Funds Not Itemized

$360,025

$360,025

$360,025

$360,025

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

$1,080,467

$1,078,193

$1,078,193

$1,078,193

Regional Forensic Services

Continuation Budget

The purpose of this appropriation is to provide pathology services to determine cause and manner of death.

MONDAY, MARCH 9, 2009

1651

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

230.1 Defer the FY09 cost of living adjustment.

State General Funds

($175,045)

($175,045)

($175,045)

($175,045)

230.2 Defer the special pay raise received to address retention issues for the following positions: Special Agent 3, Assistant Special Agent in Charge, and Special Agent in Charge.

State General Funds

($136,500)

($136,500)

($136,500)

($136,500)

230.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($367,068)

($394,104)

($394,104)

($394,104)

230.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$34,263

$34,263

$34,263

$34,263

230.5 Reduce funds through a hiring freeze.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

230.6 Reduce funds by eliminating two hourly staff positions and two temporary labor positions.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

230.7 Reduce funds and limit the services at the Southwestern Regional Lab in Moultrie to intake only and close the Medical Examiner Office in Moultrie and the Western Regional Lab in Columbus. (S:Transfer funds from the Bureau Administration program to prevent the closure of the Western Regional Crime Lab in Columbus, the Southwestern Regional Crime Lab in Moultrie, and the Southwestern Medical Examiner office)

State General Funds

($179,639)

($179,639)

$0

$0

230.100-Regional Forensic Services

Appropriation (HB 118)

The purpose of this appropriation is to provide pathology services to determine cause and manner of death.

TOTAL STATE FUNDS

$7,944,045

$7,917,009

$8,096,648

State General Funds

$7,944,045

$7,917,009

$8,096,648

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

$7,946,300

$7,919,264

$8,098,903

$8,096,648 $8,096,648
$2,255 $2,255 $2,255 $8,098,903

1652

JOURNAL OF THE HOUSE

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$27,486,004 $27,486,004 $1,435,444 $1,435,444
$204,482 $204,482 $204,482
$34,279 $34,279 $34,279 $29,160,209

$27,486,004 $27,486,004 $1,435,444
$1,435,444 $204,482 $204,482 $204,482 $34,279 $34,279 $34,279
$29,160,209

$27,486,004 $27,486,004
$1,435,444 $1,435,444
$204,482 $204,482 $204,482
$34,279 $34,279 $34,279 $29,160,209

$27,486,004 $27,486,004 $1,435,444
$1,435,444 $204,482 $204,482 $204,482 $34,279 $34,279 $34,279
$29,160,209

231.1 Defer the FY09 cost of living adjustment.

State General Funds

($281,141)

($281,141)

($281,141)

($281,141)

231.2 Defer the special pay raise received 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) ($1,289,543) ($1,289,543)

231.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,114,927) ($1,197,046) ($1,266,106) ($1,266,106)

231.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$103,026

$103,026

$103,026

$103,026

231.5 Reduce funds through a hiring freeze.

State General Funds

($701,865)

($701,865)

($701,865)

($701,865)

231.6 Reduce funds by eliminating seven hourly staff positions.

State General Funds

($54,561)

($54,561)

($54,561)

($54,561)

231.7 Reduce funds from operations.

State General Funds

($257,600)

($257,600)

($257,600)

($257,600)

231.8 Reduce funds designated for vehicle purchases.

State General Funds

($610,731)

($610,731)

($610,731)

($610,731)

231.9 Reduce funds and realize savings in operational costs as a result of the consolidation of the Macon Regional Drug Enforcement Office and the Milledgeville Regional Investigative Office.

MONDAY, MARCH 9, 2009

1653

State General Funds

($34,727)

($34,727)

($34,727)

($34,727)

231.10 Reduce funds from the State Drug Task Force by reassigning seventeen State Drug Task Force agents to regional offices as regional investigative agents and eliminate two support staff positions.

State General Funds

($456,470)

($456,470)

($456,470)

($456,470)

231.11 Reduce funds by reassigning three Secure ID agents to regional investigative positions.

State General Funds

($139,636)

($139,636)

($139,636)

($139,636)

231.100-Regional Investigative Services

Appropriation (HB 118)

The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene examinations.

TOTAL STATE FUNDS

$22,647,829 $22,565,710 $22,496,650

State General Funds

$22,647,829 $22,565,710 $22,496,650

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

$24,322,034 $24,239,915 $24,170,855

$22,496,650 $22,496,650 $1,435,444 $1,435,444
$204,482 $204,482 $204,482
$34,279 $34,279 $34,279 $24,170,855

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

232.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,421)

($7,421)

($7,421)

($7,421)

232.2 Defer the special pay raise received 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)

($34,294)

($34,294)

1654

JOURNAL OF THE HOUSE

232.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($24,014)

($25,783)

($25,783)

($25,783)

232.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,576

$2,576

$2,576

$2,576

232.5 Reduce funds from operations.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

232.6 Reduce funds through a hiring freeze.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

232.100-Special Operations Unit

Appropriation (HB 118)

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

$829,766

$827,997

$827,997

$827,997

State General Funds

$829,766

$827,997

$827,997

$827,997

TOTAL FEDERAL FUNDS

$3,023,756

$3,023,756

$3,023,756

$3,023,756

Federal Funds Not Itemized

$3,023,756

$3,023,756

$3,023,756

$3,023,756

TOTAL AGENCY FUNDS

$200

$200

$200

$200

Sales and Services

$200

$200

$200

$200

Sales and Services Not Itemized

$200

$200

$200

$200

TOTAL PUBLIC FUNDS

$3,853,722

$3,851,953

$3,851,953

$3,851,953

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,244,726 $1,244,726 $4,396,250 $4,396,250
$2,111 $2,111 $2,111 $5,643,087

$1,244,726 $1,244,726 $4,396,250 $4,396,250
$2,111 $2,111 $2,111 $5,643,087

$1,244,726 $1,244,726 $4,396,250 $4,396,250
$2,111 $2,111 $2,111 $5,643,087

$1,244,726 $1,244,726 $4,396,250 $4,396,250
$2,111 $2,111 $2,111 $5,643,087

233.1 Defer the FY09 cost of living adjustment. State General Funds

($6,455)

($6,455)

($6,455)

($6,455)

MONDAY, MARCH 9, 2009

1655

233.2 Defer the special pay raise received 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)

($66,162)

($66,162)

233.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($85,763)

($92,080)

($23,020)

($23,020)

233.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$14,137

$14,137

$14,137

$14,137

233.5 Reduce funds through a hiring freeze.

State General Funds

($90,000)

($90,000)

($90,000)

($90,000)

233.100-State Healthcare Fraud Unit

Appropriation (HB 118)

The purpose of this appropriation is to identify, arrest and prosecute providers of health care services who defraud the Medicaid Program.

TOTAL STATE FUNDS

$1,010,483

$1,004,166

$1,073,226

$1,073,226

State General Funds

$1,010,483

$1,004,166

$1,073,226

$1,073,226

TOTAL FEDERAL FUNDS

$4,396,250

$4,396,250

$4,396,250

$4,396,250

Federal Funds Not Itemized

$4,396,250

$4,396,250

$4,396,250

$4,396,250

TOTAL AGENCY FUNDS

$2,111

$2,111

$2,111

$2,111

Sales and Services

$2,111

$2,111

$2,111

$2,111

Sales and Services Not Itemized

$2,111

$2,111

$2,111

$2,111

TOTAL PUBLIC FUNDS

$5,408,844

$5,402,527

$5,471,587

$5,471,587

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

$1,301,979 $1,301,979
$376 $376 $376 $1,302,355

$1,301,979 $1,301,979
$376 $376 $376 $1,302,355

$1,301,979 $1,301,979
$376 $376 $376 $1,302,355

$1,301,979 $1,301,979
$376 $376 $376 $1,302,355

234.1 Defer the FY09 cost of living adjustment.

State General Funds

($12,461)

($12,461)

($12,461)

234.2 Defer the special pay raise received to address retention issues for the following positions: Assistant Special Agent in Charge.

State General Funds

($97,337)

($97,337)

($97,337)

($12,461) ($97,337)

1656

JOURNAL OF THE HOUSE

234.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($41,167)

($44,199)

($44,199)

($44,199)

234.4 Reduce funds from operations.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

234.5 Reduce funds through a hiring freeze.

State General Funds

($15,000)

($15,000)

($15,000)

($15,000)

234.100-Task Forces

Appropriation (HB 118)

The purpose of this appropriation is to provide the GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

TOTAL STATE FUNDS

$1,086,014

$1,082,982

$1,082,982

State General Funds

$1,086,014

$1,082,982

$1,082,982

TOTAL AGENCY FUNDS

$376

$376

$376

Sales and Services

$376

$376

$376

Sales and Services Not Itemized

$376

$376

$376

TOTAL PUBLIC FUNDS

$1,086,390

$1,083,358

$1,083,358

$1,082,982 $1,082,982
$376 $376 $376 $1,083,358

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

$892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631

$892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631

$892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631

$892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631

235.1 Defer the FY09 cost of living adjustment. State General Funds 235.2 Defer structure adjustments to the statewide salary plan. State General Funds

($3,670) ($114)

($3,670) ($114)

($3,670) ($114)

($3,670) ($114)

MONDAY, MARCH 9, 2009

1657

235.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($17,798)

($19,109)

($19,109)

($19,109)

235.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$7,125

$7,125

$7,125

$7,125

235.5 Reduce funds and defer the Local Law Enforcement and Fire Services (LLEFS) grant program. (H and S:Restore funds for the final quarter of the fiscal year)

State General Funds

($500,000)

($500,000)

($400,000)

($400,000)

235.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,776)

($3,776)

($3,776)

235.99

SAC: 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. House: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. Gov Rev: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. Governor: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants.

State General Funds

$0

$0

$0

$0

235.100-Criminal Justice Coordinating Council

Appropriation (HB 118)

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

$377,552

$372,465

$472,465

$472,465

State General Funds

$377,552

$372,465

$472,465

$472,465

TOTAL FEDERAL FUNDS

$25,665,622 $25,665,622 $25,665,622 $25,665,622

Federal Funds Not Itemized

$25,665,622 $25,665,622 $25,665,622 $25,665,622

TOTAL AGENCY FUNDS

$16,550,000 $16,550,000 $16,550,000 $16,550,000

Sales and Services

$15,650,000 $15,650,000 $15,650,000 $15,650,000

Sales and Services Not Itemized

$15,650,000 $15,650,000 $15,650,000 $15,650,000

Sanctions, Fines, and Penalties

$900,000

$900,000

$900,000

$900,000

Sanctions, Fines, and Penalties Not Itemized

$900,000

$900,000

$900,000

$900,000

TOTAL PUBLIC FUNDS

$42,593,174 $42,588,087 $42,688,087 $42,688,087

Section 29: Juvenile Justice, Department of

Section Total - Continuation

1658

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

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629 $127,629 $13,461,532 $13,461,532 $358,195,938

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629 $127,629 $13,461,532 $13,461,532 $358,195,938

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629 $127,629 $13,461,532 $13,461,532 $358,195,938

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629 $127,629 $13,461,532 $13,461,532 $358,195,938

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

$302,468,741 $301,609,065

$302,468,741 $301,609,065

$1,674,112

$1,674,112

$1,674,112

$1,674,112

$127,629

$127,629

$127,629

$127,629

$13,461,532 $13,461,532

$13,461,532 $13,461,532

$317,732,014 $316,872,338

$301,136,895 $301,136,895
$1,674,112 $1,674,112
$127,629 $127,629 $13,461,532 $13,461,532 $316,400,168

$301,236,895 $301,236,895
$1,674,112 $1,674,112
$127,629 $127,629 $13,461,532 $13,461,532 $316,500,168

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 or services for committed 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

$50,568,335 $50,568,335 $5,002,533 $5,002,533
$703,693 $4,298,840 $55,570,868

$50,568,335 $50,568,335 $5,002,533 $5,002,533
$703,693 $4,298,840 $55,570,868

$50,568,335 $50,568,335
$5,002,533 $5,002,533
$703,693 $4,298,840 $55,570,868

$50,568,335 $50,568,335 $5,002,533
$5,002,533 $703,693
$4,298,840 $55,570,868

236.1 Defer the FY09 cost of living adjustment.

State General Funds

($29,370)

($29,370)

($29,370)

($29,370)

236.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($96,681)

($103,802)

($103,802)

($103,802)

236.3 Reduce funds through a hiring freeze of non-exempt positions and increasing the lapse factor for exempt positions.

MONDAY, MARCH 9, 2009

1659

State General Funds

($52,153)

($52,153)

($52,153)

($52,153)

236.4 Reduce funds by furloughing non-security employees whose pay grade is fifteen and above one day per month for a total of six days.

State General Funds

($12,331)

($12,331)

($12,331)

($12,331)

236.5 Reduce funds and the usage of part-time labor positions by 25%.

State General Funds

($33,658)

($33,658)

($33,658)

($33,658)

236.6 Reduce funds from various contracts that will be managed for one-time reductions through the reduction of budgets to 95% capacity, controlling utilization, and utilizing prior year carry-over funds.

State General Funds

($4,810,282) ($4,810,282) ($4,810,282) ($4,810,282)

236.7 Reduce funds from mental health services paid for by Care Management Organizations.

State General Funds

($3,080,000) ($3,080,000) ($3,080,000) ($3,080,000)

236.8 Reduce funds from the closing of the North Georgia Wilderness Program during FY08 and by reducing the maximum length of stay in the Short Term Program (STP) to thirty days.

State General Funds

($2,053,560) ($2,053,560) ($2,053,560) ($2,053,560)

236.9 Reduce funds by closing the Blakely Wilderness Program effective April 2009 and by reducing the maximum length of stay in the STP to thirty days.

State General Funds

($403,466)

($403,466)

($403,466)

($403,466)

236.10 Reduce funds from the Outdoor Therapy Program operated by the Department of Human Resources in Cleveland, Georgia by utilizing a fee-for-service basis beginning in January 2009.

State General Funds

($384,030)

($384,030)

($384,030)

($384,030)

236.11 Reduce funds and placements to the Family Based Intervention Program effective January 2009.

State General Funds

($744,144)

($744,144)

($744,144)

($744,144)

236.12 Eliminate funds for the Weekend Sanctions Program.

State General Funds

($72,170)

($72,170)

236.100-Community Non-Secure Commitment

Appropriation (HB 118)

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

$38,868,660 $38,861,539 $38,789,369 $38,789,369

State General Funds

$38,868,660 $38,861,539 $38,789,369 $38,789,369

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,002,533

$5,002,533

$5,002,533

$5,002,533

Federal Funds Transfers

$5,002,533

$5,002,533

$5,002,533

$5,002,533

FF Foster Care Title IV-E CFDA93.658

$703,693

$703,693

$703,693

$703,693

FF Medical Assistance Program CFDA93.778

$4,298,840

$4,298,840

$4,298,840

$4,298,840

TOTAL PUBLIC FUNDS

$43,871,193 $43,864,072 $43,791,902 $43,791,902

1660

JOURNAL OF THE HOUSE

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

$55,094,993 $55,094,993 $4,297,106 $4,297,106
$4,297,106 $59,392,099

$55,094,993 $55,094,993 $4,297,106 $4,297,106 $4,297,106 $59,392,099

$55,094,993 $55,094,993
$4,297,106 $4,297,106 $4,297,106 $59,392,099

$55,094,993 $55,094,993 $4,297,106
$4,297,106 $4,297,106 $59,392,099

237.1 Defer the FY09 cost of living adjustment.

State General Funds

($460,970)

($460,970)

($460,970)

($460,970)

237.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($13,171)

($13,171)

($13,171)

($13,171)

237.3 Defer salary adjustments for critical jobs.

State General Funds

($247,270)

($247,270)

($247,270)

($247,270)

237.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($2,208,916) ($2,371,612) ($2,371,612) ($2,371,612)

237.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$545,201

$545,201

$545,201

$545,201

237.6 Reduce funds through a hiring freeze of non-exempt positions and increasing the lapse factor for exempt positions.

State General Funds

($185,562)

($185,562)

($185,562)

($185,562)

237.7 Reduce funds and the usage of part-time labor positions by 25%.

State General Funds

($270,687)

($270,687)

($270,687)

($270,687)

237.8 Reduce funds from the Apprehensions Unit by eliminating twelve investigator positions.

State General Funds

($338,239)

($338,239)

($338,239)

($338,239)

237.9 Reduce funds designated for motor vehicle purchases.

State General Funds

($197,543)

($197,543)

($197,543)

($197,543)

237.10 Reduce funds by consolidating five regions to four regions and by eliminating several regional positions.

State General Funds

($58,406)

($58,406)

($58,406)

($58,406)

237.11 Reduce funds received in HB990 (FY09G) for sixty-seven additional Juvenile Probation and Parole Specialists (JPPS).

State General Funds

($3,157,758) ($3,157,758) ($3,157,758) ($3,157,758)

MONDAY, MARCH 9, 2009

1661

237.12 Reduce funds by furloughing non-security employees whose pay grade is fifteen and above one day per month for a total of six days.

State General Funds

($64,866)

($64,866)

($64,866)

($64,866)

237.100-Community Supervision

Appropriation (HB 118)

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

$48,436,806 $48,274,110 $48,274,110 $48,274,110

State General Funds

$48,436,806 $48,274,110 $48,274,110 $48,274,110

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,297,106

$4,297,106

$4,297,106

$4,297,106

Federal Funds Transfers

$4,297,106

$4,297,106

$4,297,106

$4,297,106

FF Medical Assistance Program CFDA93.778

$4,297,106

$4,297,106

$4,297,106

$4,297,106

TOTAL PUBLIC FUNDS

$52,733,912 $52,571,216 $52,571,216 $52,571,216

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 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

$28,459,888 $28,459,888
$339,060 $339,060
$25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

$28,459,888 $28,459,888
$339,060 $339,060
$25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

$28,459,888 $28,459,888
$339,060 $339,060
$25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

$28,459,888 $28,459,888
$339,060 $339,060 $25,060
$25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

238.1 Defer the FY09 cost of living adjustment.

State General Funds

($200,229)

($200,229)

($200,229)

($200,229)

238.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($5,721)

($5,721)

($5,721)

($5,721)

238.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($980,549) ($1,052,771) ($1,052,771) ($1,052,771)

238.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$540,139

$540,139

$540,139

$540,139

1662

JOURNAL OF THE HOUSE

238.5 Reduce funds through a hiring freeze of non-exempt positions and increasing the lapse factor for exempt positions.

State General Funds

($126,724)

($126,724)

($126,724)

($126,724)

238.6 Reduce funds and the usage of part-time labor positions by 25%.

State General Funds

($88,195)

($88,195)

($88,195)

($88,195)

238.7 Reduce funds by providing mandatory training only.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

238.8 Reduce funds by consolidating five regions to four regions and by eliminating several regional positions.

State General Funds

($91,954)

($91,954)

($91,954)

($91,954)

238.9 Reduce funds by furloughing non-security employees whose pay grade is fifteen and above one day per month for a total of six days.

State General Funds

($190,535)

($190,535)

($190,535)

($190,535)

238.10 Reduce funds designated for vehicle purchases.

State General Funds

($63,000)

($63,000)

($63,000)

($63,000)

238.11 Reduce funds from operations.

State General Funds

($500,000)

($500,000)

238.100-Departmental Administration

Appropriation (HB 118)

The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery

of effective services in appropriate settings.

TOTAL STATE FUNDS

$27,053,120 $26,980,898 $26,480,898 $26,480,898

State General Funds

$27,053,120 $26,980,898 $26,480,898 $26,480,898

TOTAL FEDERAL FUNDS

$339,060

$339,060

$339,060

$339,060

Federal Funds Not Itemized

$339,060

$339,060

$339,060

$339,060

TOTAL AGENCY FUNDS

$25,060

$25,060

$25,060

$25,060

Sales and Services

$25,060

$25,060

$25,060

$25,060

Sales and Services Not Itemized

$25,060

$25,060

$25,060

$25,060

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$220,095

$220,095

$220,095

$220,095

Federal Funds Transfers

$220,095

$220,095

$220,095

$220,095

FF National School Lunch Program CFDA10.555

$220,095

$220,095

$220,095

$220,095

TOTAL PUBLIC FUNDS

$27,637,335 $27,565,113 $27,065,113 $27,065,113

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

$99,055,570 $99,055,570 $1,274,905 $1,274,905

$99,055,570 $99,055,570 $1,274,905
$1,274,905

$99,055,570 $99,055,570
$1,274,905 $1,274,905

$99,055,570 $99,055,570 $1,274,905
$1,274,905

MONDAY, MARCH 9, 2009

1663

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 $2,097,191 $2,097,191 $2,097,191 $102,455,657

$27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $102,455,657

$27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $102,455,657

$27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $102,455,657

239.1 Defer the FY09 cost of living adjustment

State General Funds

($819,962)

($819,962)

($819,962)

($819,962)

239.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($23,427)

($23,427)

($23,427)

($23,427)

239.3 Defer salary adjustments for critical jobs.

State General Funds

($439,995)

($439,995)

($439,995)

($439,995)

239.4 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1.

State General Funds

($829,394)

($829,394)

($829,394)

($829,394)

239.5 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($3,884,299) ($4,170,394) ($4,170,394) ($4,170,394)

239.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$60,453

$60,453

$60,453

$60,453

239.7 Reduce funds through a hiring freeze of non-exempt positions and increasing the lapse factor for exempt positions.

State General Funds

($826,149)

($826,149)

($826,149)

($826,149)

239.8 Reduce funds and the usage of part-time labor positions by 25%.

State General Funds

($329,843)

($329,843)

($329,843)

($329,843)

239.9 Reduce funds by furloughing non-security employees whose pay grade is fifteen and above one day per month for a total of six days.

State General Funds

($217,138)

($217,138)

($217,138)

($217,138)

239.10 Reduce funds from various contracts that will be managed for one-time reductions through the reduction of budgets to 95% capacity, controlling utilization, and utilizing prior year carry-over funds.

State General Funds

($1,633,689) ($1,633,689) ($1,633,689) ($1,633,689)

239.11 Reduce funds and suspend the 21st Century After School Learning Program effective January 2009.

State General Funds

($192,500)

($192,500)

($192,500)

($192,500)

1664

JOURNAL OF THE HOUSE

239.12 Reduce funds and suspend the Think Exit at Entry Transition Program effective January 2009.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

239.13 Reduce funds for Substance Abuse Education programs effective January 2009.

State General Funds

($48,167)

($48,167)

($48,167)

($48,167)

239.14 Eliminate funds for the Emory and Medical College of Georgia Residency Program that provides limited psychiatry hours at the Augusta Youth Development Campus (YDC).

State General Funds

($10,400)

($10,400)

($10,400)

($10,400)

239.15 Reduce funds designated for vehicle purchases.

State General Funds

($84,803)

($84,803)

($84,803)

($84,803)

239.16 Reduce funds by eliminating the use of Social Work PRN staffing services in YDCs.

State General Funds

($230,122)

($230,122)

($230,122)

($230,122)

239.17 Reduce funds by closing the McIntosh YDC effective April 2009 by reducing the maximum length of stay in the Short Term Program (STP) to thirty days.

State General Funds

($1,000,000) ($1,000,000)

($900,000)

($800,000)

239.18 Reduce funds by consolidating five regions to four regions and by eliminating several regional positions.

State General Funds

($76,834)

($76,834)

($76,834)

($76,834)

239.19 Reduce funds by replacing Social Service Provider II positions at the Muscogee YDC with part-time positions.

State General Funds

($11,287)

($11,287)

($11,287)

($11,287)

239.100-Secure Commitment (YDCs)

Appropriation (HB 118)

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

$88,158,014 $87,871,919 $87,971,919 $88,071,919

State General Funds

$88,158,014 $87,871,919 $87,971,919 $88,071,919

TOTAL FEDERAL FUNDS

$1,274,905

$1,274,905

$1,274,905

$1,274,905

Federal Funds Not Itemized

$1,274,905

$1,274,905

$1,274,905

$1,274,905

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

$2,097,191

$2,097,191

$2,097,191

$2,097,191

Federal Funds Transfers

$2,097,191

$2,097,191

$2,097,191

$2,097,191

FF National School Lunch Program CFDA10.555

$2,097,191

$2,097,191

$2,097,191

$2,097,191

TOTAL PUBLIC FUNDS

$91,558,101 $91,272,006 $91,372,006 $91,472,006

MONDAY, MARCH 9, 2009

1665

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 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

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

240.1 Defer the FY09 cost of living adjustment.

State General Funds

($981,955)

($981,955)

($981,955)

($981,955)

240.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($23,457)

($23,457)

($23,457)

($23,457)

240.3 Defer salary adjustments for critical jobs.

State General Funds

($524,842)

($524,842)

($524,842)

($524,842)

240.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($4,501,328) ($4,832,870) ($4,832,870) ($4,832,870)

240.5 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1.

State General Funds

($786,793)

($786,793)

($786,793)

($786,793)

240.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$224,119

$224,119

$224,119

$224,119

240.7 Reduce funds through a hiring freeze of non-exempt positions and increasing the lapse factor for exempt positions.

State General Funds

($803,667)

($803,667)

($803,667)

($803,667)

240.8 Reduce funds by furloughing non-security employees whose pay grade is fifteen and above one day per month for a total of six days.

State General Funds

($367,508)

($367,508)

($367,508)

($367,508)

240.9 Reduce funds and the usage of part-time labor positions by 25%.

State General Funds

($566,063)

($566,063)

($566,063)

($566,063)

1666

JOURNAL OF THE HOUSE

240.10 Eliminate funds for the Emory and Medical College of Georgia Residency Program that provides limited psychiatry hours at the Metro Regional Youth Detention Center (RYDC).

State General Funds

($10,400)

($10,400)

($10,400)

($10,400)

240.11 Reduce funds designated for vehicle purchases.

State General Funds

($65,731)

($65,731)

($65,731)

($65,731)

240.12 Reduce funds by replacing Social Service Provider II positions with part-time positions.

State General Funds

($143,438)

($143,438)

($143,438)

($143,438)

240.13 Reduce funds through improved utilization of psychology services at secure facilities throughout the state.

State General Funds

($49,067)

($49,067)

($49,067)

($49,067)

240.14 Eliminate funds for Substance Abuse Education programs provided at RYDCs effective January 2009.

State General Funds

($122,321)

($122,321)

($122,321)

($122,321)

240.15 Reduce funds and the use of on-call Social Worker PRN staffing services at RYDCs.

State General Funds

($149,142)

($149,142)

($149,142)

($149,142)

240.16 Reduce funds from various contracts that will be managed for one-time reductions through the reduction of budgets to 95% capacity, controlling utilization, and utilizing prior year carry-over funds.

State General Funds

($801,362)

($801,362)

($801,362)

($801,362)

240.17 Reduce funds by consolidating five regions to four regions and by eliminating several regional positions.

State General Funds

($128,783)

($128,783)

($128,783)

($128,783)

240.100-Secure Detention (RYDCs)

Appropriation (HB 118)

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

$99,952,141 $99,620,599 $99,620,599 $99,620,599

State General Funds

$99,952,141 $99,620,599 $99,620,599 $99,620,599

TOTAL FEDERAL FUNDS

$60,147

$60,147

$60,147

$60,147

Federal Funds Not Itemized

$60,147

$60,147

$60,147

$60,147

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

$1,844,607

$1,844,607

$1,844,607

$1,844,607

Federal Funds Transfers

$1,844,607

$1,844,607

$1,844,607

$1,844,607

FF National School Lunch Program CFDA10.555

$1,844,607

$1,844,607

$1,844,607

$1,844,607

TOTAL PUBLIC FUNDS

$101,931,473 $101,599,931 $101,599,931 $101,599,931

Section 30: Labor, Department of

Section Total - Continuation

MONDAY, MARCH 9, 2009

1667

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878
$6,904,800 $6,904,800 $439,889,791

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878
$6,904,800 $6,904,800 $439,889,791

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878
$6,904,800 $6,904,800 $439,889,791

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878 $6,904,800
$6,904,800 $439,889,791

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$48,609,493 $48,006,483

$48,609,493 $48,006,483

$345,692,508 $345,692,508

$345,440,508 $345,440,508

$252,000

$252,000

$31,523,391 $31,523,391

$729,513

$729,513

$30,793,878 $30,793,878

$6,904,800

$6,904,800

$6,904,800

$6,904,800

$432,730,192 $432,127,182

$47,934,616 $47,934,616 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878 $6,904,800 $6,904,800 $432,055,315

$47,934,616 $47,934,616 $345,440,508 $345,440,508
$31,523,391 $729,513
$30,793,878 $1,446,800 $1,446,800 $426,345,315

Business Enterprise Program

Continuation Budget

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

241.1 Defer the FY09 cost of living adjustment. State General Funds 241.2 Defer structure adjustments to the statewide salary plan. State General Funds

($2,509) ($289)

($2,509) ($289)

($2,509) ($289)

($2,509) ($289)

1668

JOURNAL OF THE HOUSE

241.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($12,772)

($13,713)

($13,713)

($13,713)

241.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,422

$1,422

$1,422

$1,422

241.5 Reduce funds from personnel.

State General Funds

($7,920)

($7,920)

($7,920)

($7,920)

241.6 Reduce funds from operations.

State General Funds

($2,156)

($2,156)

($2,156)

($2,156)

241.100-Business Enterprise Program

Appropriation (HB 118)

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS

$419,884

$418,943

$418,943

State General Funds

$419,884

$418,943

$418,943

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

$2,385,969

$2,385,028

$2,385,028

$418,943 $418,943 $1,966,085 $1,966,085 $2,385,028

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

242.1 Reduce funds from operations. State General Funds

($9,317)

($9,317)

($9,317)

($9,317)

242.100-Commission on Women

Appropriation (HB 118)

The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS

$83,855

$83,855

State General Funds

$83,855

$83,855

TOTAL PUBLIC FUNDS

$83,855

$83,855

$83,855 $83,855 $83,855

$83,855 $83,855 $83,855

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.

MONDAY, MARCH 9, 2009

1669

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

243.1 Defer the FY09 cost of living adjustment.

State General Funds

($31,827)

($31,827)

($31,827)

($31,827)

243.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($3,661)

($3,661)

($3,661)

($3,661)

243.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($95,446)

($102,476)

($102,476)

($102,476)

243.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$11,261

$11,261

$11,261

$11,261

243.5 Reduce funds from operations.

State General Funds

($185,839)

($185,839)

($185,839)

($185,839)

243.6 Reduce funds from personnel.

State General Funds

($653,327)

($653,327)

($653,327)

($653,327)

243.7 Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance.

State General Funds

($211,276)

($211,276)

($211,276)

($211,276)

243.8 Reduce funds from the GoodWorks program to align expenditures to actual grant award.

Temporary Assistance for Needy Families Grant CFDA93.558

($510,000)

($510,000)

($510,000)

($510,000)

243.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($486,095)

($486,095)

($486,095)

243.100-Department of Labor Administration

Appropriation (HB 118)

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

$2,252,521

$1,759,396

$1,759,396

$1,759,396

State General Funds

$2,252,521

$1,759,396

$1,759,396

$1,759,396

TOTAL FEDERAL FUNDS

$37,923,936 $37,923,936 $37,923,936 $37,923,936

1670

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$37,923,936 $40,176,457

$37,923,936 $39,683,332

$37,923,936 $39,683,332

$37,923,936 $39,683,332

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

244.100-Disability Adjudication Section

Appropriation (HB 118)

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 $55,598,820

Federal Funds Not Itemized

$55,598,820 $55,598,820 $55,598,820 $55,598,820

TOTAL PUBLIC FUNDS

$55,598,820 $55,598,820 $55,598,820 $55,598,820

Division of Rehabilitation Administration

Continuation Budget

The purpose 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

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

245.1 Defer the FY09 cost of living adjustment.

State General Funds

($12,443)

($12,443)

($12,443)

($12,443)

245.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($1,431)

($1,431)

($1,431)

($1,431)

245.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($66,632)

($71,540)

($71,540)

($71,540)

245.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$7,398

$7,398

$7,398

$7,398

245.5 Reduce funds from personnel.

State General Funds

($177,661)

($177,661)

($177,661)

($177,661)

MONDAY, MARCH 9, 2009

1671

245.100-Division of Rehabilitation Administration

Appropriation (HB 118)

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

$2,059,130

$2,054,222

$2,054,222

$2,054,222

State General Funds

$2,059,130

$2,054,222

$2,054,222

$2,054,222

TOTAL FEDERAL FUNDS

$2,913,518

$2,913,518

$2,913,518

$2,913,518

Federal Funds Not Itemized

$2,913,518

$2,913,518

$2,913,518

$2,913,518

TOTAL PUBLIC FUNDS

$4,972,648

$4,967,740

$4,967,740

$4,967,740

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

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

246.1 Defer the FY09 cost of living adjustment.

State General Funds

($64,583)

($64,583)

($64,583)

($64,583)

246.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($7,428)

($7,428)

($7,428)

($7,428)

246.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($9,473)

($10,171)

($10,171)

($10,171)

246.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,451

$1,451

$1,451

$1,451

246.100-Georgia Industries for the Blind

Appropriation (HB 118)

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL STATE FUNDS

$372,880

$372,182

$372,182

$372,182

State General Funds

$372,880

$372,182

$372,182

$372,182

TOTAL AGENCY FUNDS

$11,828,888 $11,828,888 $11,828,888 $11,828,888

Reserved Fund Balances

$729,513

$729,513

$729,513

$729,513

Reserved Fund Balances Not Itemized

$729,513

$729,513

$729,513

$729,513

1672

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,099,375 $11,099,375 $12,201,768

$11,099,375 $11,099,375 $12,201,070

$11,099,375 $11,099,375 $12,201,070

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

$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

$11,099,375 $11,099,375 $12,201,070
$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

247.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,038)

($8,038)

($8,038)

($8,038)

247.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($924)

($924)

($924)

($924)

247.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($27,928)

($29,985)

($29,985)

($29,985)

247.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,412

$2,412

$2,412

$2,412

247.5 Reduce funds from operations.

State General Funds

($71,867)

($71,867)

247.100-Labor Market Information

Appropriation (HB 118)

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

$718,673

$716,616

$644,749

State General Funds

$718,673

$716,616

$644,749

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

$2,968,546

$2,966,489

$2,894,622

$644,749 $644,749 $2,249,873 $2,249,873 $2,894,622

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

$7,339,734 $7,339,734

$7,339,734 $7,339,734

$7,339,734 $7,339,734

$7,339,734 $7,339,734

MONDAY, MARCH 9, 2009

1673

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

$6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

$6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

$6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

248.1 Defer the FY09 cost of living adjustment.

State General Funds

($51,285)

($51,285)

($51,285)

($51,285)

248.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($5,898)

($5,898)

($5,898)

($5,898)

248.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($209,405)

($224,829)

($224,829)

($224,829)

248.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$23,507

$23,507

$23,507

$23,507

248.5 Reduce funds from personnel.

State General Funds

($208,904)

($208,904)

($208,904)

($208,904)

248.6 Reduce funds from operations.

State General Funds

($163,564)

($163,564)

($163,564)

($163,564)

248.100-Roosevelt Warm Springs Institute

Appropriation (HB 118)

The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

TOTAL STATE FUNDS

$6,724,185

$6,708,761

$6,708,761

State General Funds

$6,724,185

$6,708,761

$6,708,761

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

$6,708,761 $6,708,761 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800

1674

JOURNAL OF THE HOUSE

FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS

$4,800 $32,606,561

$4,800 $32,591,137

$4,800 $32,591,137

$4,800 $32,591,137

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

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

249.1 Defer the FY09 cost of living adjustment.

State General Funds

($27,096)

($27,096)

($27,096)

($27,096)

249.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($3,116)

($3,116)

($3,116)

($3,116)

249.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($96,341)

($103,437)

($103,437)

($103,437)

249.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$10,910

$10,910

$10,910

$10,910

249.5 Reduce funds received in HB990 (FY09G) for three safety inspector positions and one clerical position.

State General Funds

($257,142)

($257,142)

($257,142)

($257,142)

249.100-Safety Inspections

Appropriation (HB 118)

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

$3,033,650

$3,026,554

$3,026,554

$3,026,554

State General Funds

$3,033,650

$3,026,554

$3,026,554

$3,026,554

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

$3,202,202

$3,195,106

$3,195,106

$3,195,106

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.

MONDAY, MARCH 9, 2009

1675

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746

$11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746

$11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746

$11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746

250.1 Defer the FY09 cost of living adjustment.

State General Funds

($100,736)

($100,736)

($100,736)

($100,736)

250.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($11,586)

($11,586)

($11,586)

($11,586)

250.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($304,595)

($327,029)

($327,029)

($327,029)

250.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$35,962

$35,962

$35,962

$35,962

250.5 Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance.

State General Funds

($2,580,789) ($2,580,789) ($2,580,789) ($2,580,789)

250.6 Reduce funds designated for vehicle purchases.

State General Funds

($10,452)

($10,452)

($10,452)

($10,452)

250.100-Unemployment Insurance

Appropriation (HB 118)

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

$8,256,364

$8,233,930

$8,233,930

$8,233,930

State General Funds

$8,256,364

$8,233,930

$8,233,930

$8,233,930

TOTAL FEDERAL FUNDS

$49,173,186 $49,173,186 $49,173,186 $49,173,186

Federal Funds Not Itemized

$49,173,186 $49,173,186 $49,173,186 $49,173,186

TOTAL PUBLIC FUNDS

$57,429,550 $57,407,116 $57,407,116 $57,407,116

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 Temporary Assistance for Needy Families

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000)

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000)

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000)

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000)

1676

JOURNAL OF THE HOUSE

TANF Transfers to Child Care Development Fund per 42 USC 604 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

($1,700,000) $806,216 $806,216 $806,216
$1,700,000 $1,700,000 $1,700,000 $84,502,846

($1,700,000) $806,216 $806,216 $806,216
$1,700,000 $1,700,000 $1,700,000 $84,502,846

($1,700,000) $806,216 $806,216 $806,216
$1,700,000 $1,700,000 $1,700,000 $84,502,846

($1,700,000) $806,216 $806,216 $806,216
$1,700,000 $1,700,000 $1,700,000 $84,502,846

251.1 Defer the FY09 cost of living adjustment.

State General Funds

($82,563)

($82,563)

($82,563)

($82,563)

251.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($9,496)

($9,496)

($9,496)

($9,496)

251.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($521,729)

($560,156)

($560,156)

($560,156)

251.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$57,743

$57,743

$57,743

$57,743

251.5 Reduce funds from contracts.

State General Funds

($597,692)

($597,692)

($597,692)

($597,692)

251.6 Increase funds for the GoodWorks program to align expenditures to annual grant award. (S:Adjust funds to reflect HB990 (FY09G) intent to eliminate GoodWorks activities in this program)

TANF Transfers to Child Care Development Fund per 42 USC 604 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS

$1,700,000

$1,700,000

$1,700,000

$1,700,000 ($1,700,000)
$0

251.7 Reduce funds from operations.

State General Funds

($155,169)

($155,169)

($155,169)

($155,169)

251.100-Vocational Rehabilitation Program

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$16,720,571 $16,682,144 $16,682,144

State General Funds

$16,720,571 $16,682,144 $16,682,144

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

$16,682,144 $16,682,144 $65,667,153 $65,667,153
$806,216 $806,216

MONDAY, MARCH 9, 2009

1677

Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$806,216 $1,700,000 $1,700,000 $1,700,000 $84,893,940

$806,216 $1,700,000 $1,700,000 $1,700,000 $84,855,513

$806,216 $1,700,000 $1,700,000 $1,700,000 $84,855,513

$806,216 $83,155,513

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

252.1 Defer the FY09 cost of living adjustment.

State General Funds

($75,752)

($75,752)

($75,752)

($75,752)

252.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($243,021)

($260,921)

($260,921)

($260,921)

252.3 Defer structure adjustments to the statewide salary plan.

State General Funds

($8,712)

($8,712)

($8,712)

($8,712)

252.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$26,547

$26,547

$26,547

$26,547

252.5 Reduce funds designated for vehicle purchases.

State General Funds

($20,289)

($20,289)

($20,289)

($20,289)

252.6 Reduce funds from the GoodWorks program to align expenditures to annual grant award. (S:Adjust funds to reflect HB990 (FY09G) intent to fund only 250 identified challenge cases)

Temporary Assistance for Needy Families Grant CFDA93.558 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS

($1,190,000)

($1,190,000)

($1,190,000)

($1,442,000) ($3,758,000) ($5,200,000)

1678

JOURNAL OF THE HOUSE

252.100-Workforce Development

Appropriation (HB 118)

The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development.

TOTAL STATE FUNDS

$7,967,780

$7,949,880

$7,949,880

$7,949,880

State General Funds

$7,967,780

$7,949,880

$7,949,880

$7,949,880

TOTAL FEDERAL FUNDS

$123,042,096 $123,042,096 $123,042,096 $122,790,096

Federal Funds Not Itemized

$122,790,096 $122,790,096 $122,790,096 $122,790,096

Temporary Assistance for Needy Families

$252,000

$252,000

$252,000

Temporary Assistance for Needy Families Grant CFDA93.558

$252,000

$252,000

$252,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,200,000

$5,200,000

$5,200,000

$1,442,000

Federal Funds Transfers

$5,200,000

$5,200,000

$5,200,000

$1,442,000

FF Temporary Assistance for Needy Families CFDA93.558

$5,200,000

$5,200,000

$5,200,000

$1,442,000

TOTAL PUBLIC FUNDS

$136,209,876 $136,191,976 $136,191,976 $132,181,976

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

$19,650,981 $19,650,981
$24,817 $23,817
$1,000 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221

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

$17,223,834 $16,969,425

$17,223,834 $16,969,425

$24,817

$24,817

$23,817

$23,817

$1,000

$1,000

$36,801,423 $36,801,423

$36,801,423 $36,801,423

$54,050,074 $53,795,665

$16,969,425 $16,969,425
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $53,795,665

$16,969,425 $16,969,425
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $53,795,665

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

$19,650,981 $19,650,981
$24,817

$19,650,981 $19,650,981
$24,817

$19,650,981 $19,650,981
$24,817

$19,650,981 $19,650,981
$24,817

MONDAY, MARCH 9, 2009

1679

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

$23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

$23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

$23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

$23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

253.1 Defer the FY09 cost of living adjustment.

State General Funds

($247,231)

($247,231)

($247,231)

($247,231)

253.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,115,629) ($1,197,800) ($1,197,800) ($1,197,800)

253.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$42,657

$42,657

$42,657

$42,657

253.4 Reduce funds from personnel.

State General Funds

($724,486)

($724,486)

($724,486)

($724,486)

253.5 Reduce funds by eliminating five vacant positions.

State General Funds

($267,258)

($267,258)

($267,258)

($267,258)

253.6 Reduce funds by suspending the summer internship program.

State General Funds

($35,000)

($35,000)

($35,000)

($35,000)

253.7 Reduce funds from library spending.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

253.8 Reduce funds from travel.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

253.9 Reduce funds by discontinuing a software licensing contract.

State General Funds

($40,200)

($40,200)

($40,200)

($40,200)

253.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($172,238)

($172,238)

($172,238)

253.100-Law, Department of

Appropriation (HB 118)

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.

1680

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
Section 32: Natural Resources, 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 Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers
TOTAL PUBLIC FUNDS
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

$17,223,834 $17,223,834
$24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $54,050,074

$16,969,425 $16,969,425
$24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $53,795,665

$16,969,425 $16,969,425
$24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $53,795,665

$16,969,425 $16,969,425
$24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $53,795,665

Section Total - Continuation

$130,877,057 $130,877,057 $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
$303,875,765

$130,877,057 $130,877,057 $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
$303,875,765

$130,877,057 $130,877,057 $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
$303,875,765

$130,877,057 $130,877,057 $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
$303,875,765

Section Total - Final

$107,510,754 $106,793,952

$107,510,754 $106,793,952

$49,146,841 $49,146,841

$49,146,841 $49,146,841

$122,969,762 $122,969,762

$4,583,045

$4,583,045

$103,913

$103,913

$2,941,137

$2,941,137

$15,250

$15,250

$115,326,417 $115,326,417

$130,000

$130,000

$105,975,942 $105,975,942 $49,146,841 $49,146,841 $122,969,762
$4,583,045 $103,913
$2,941,137 $15,250
$115,326,417 $130,000

$106,004,061 $106,004,061 $49,146,841 $49,146,841 $122,969,762
$4,583,045 $103,913
$2,941,137 $15,250
$115,326,417 $130,000

MONDAY, MARCH 9, 2009

1681

Agency Funds Transfers TOTAL PUBLIC FUNDS

$130,000

$130,000

$130,000

$130,000

$279,757,357 $279,040,555 $278,222,545 $278,250,664

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

254.1 Defer the FY09 cost of living adjustment.

State General Funds

($22,098)

($22,098)

($22,098)

($22,098)

254.2 Defer 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)

($11,991)

($11,991)

254.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($86,052)

($92,359)

($92,359)

($92,359)

254.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,003

$2,003

$2,003

$2,003

254.5 Reduce funds from operations.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

254.6 Eliminate funds received in HB95 (FY08G) for sunken vessel removal.

State General Funds

($180,000)

($180,000)

($180,000)

($180,000)

254.7 Reduce funds designated for vehicle purchases.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

254.8 Reduce funds from artificial reef construction.

State General Funds

($46,755)

($46,755)

($46,755)

($46,755)

1682

JOURNAL OF THE HOUSE

254.9 Reduce funds to reflect the revised revenue estimate. State General Funds 254.10 Reduce funds by eliminating two vacant positions. State General Funds

($45,665)

$0 ($95,235)

$0 ($95,235)

254.100-Coastal Resources

Appropriation (HB 118)

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

$2,513,844

$2,461,872

$2,412,302

$2,412,302

State General Funds

$2,513,844

$2,461,872

$2,412,302

$2,412,302

TOTAL FEDERAL FUNDS

$5,940,807

$5,940,807

$5,940,807

$5,940,807

Federal Funds Not Itemized

$5,940,807

$5,940,807

$5,940,807

$5,940,807

TOTAL AGENCY FUNDS

$90,221

$90,221

$90,221

$90,221

Sales and Services

$90,221

$90,221

$90,221

$90,221

Sales and Services Not Itemized

$90,221

$90,221

$90,221

$90,221

TOTAL PUBLIC FUNDS

$8,544,872

$8,492,900

$8,443,330

$8,443,330

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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

255.1 Defer the FY09 cost of living adjustment.

State General Funds

($85,628)

($85,628)

($85,628)

($85,628)

255.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($30,287)

($30,287)

($30,287)

($30,287)

255.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($333,444)

($357,885)

($357,885)

($357,885)

MONDAY, MARCH 9, 2009

1683

255.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$634,298

$634,298

$634,298

$634,298

255.5 Reduce funds from operations.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

255.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($63,560)

$0

$0

255.7 Reduce funds by eliminating twelve vacant positions.

State General Funds

($382,000)

($382,000)

255.100-Departmental Administration

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$10,944,591 $10,856,590 $10,538,150

State General Funds

$10,944,591 $10,856,590 $10,538,150

TOTAL FEDERAL FUNDS

$174,383

$174,383

$174,383

Federal Funds Not Itemized

$174,383

$174,383

$174,383

TOTAL AGENCY FUNDS

$573,266

$573,266

$573,266

Contributions, Donations, and Forfeitures

$161,636

$161,636

$161,636

Contributions, Donations, and Forfeitures Not Itemized

$161,636

$161,636

$161,636

Sales and Services

$411,630

$411,630

$411,630

Sales and Services Not Itemized

$411,630

$411,630

$411,630

TOTAL PUBLIC FUNDS

$11,692,240 $11,604,239 $11,285,799

$10,538,150 $10,538,150
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,285,799

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

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

256.1 Defer the FY09 cost of living adjustment. State General Funds

($343,070)

($343,070)

($343,070)

($343,070)

1684

JOURNAL OF THE HOUSE

256.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($7,885)

($7,885)

($7,885)

($7,885)

256.3 Defer salary adjustments for critical jobs.

State General Funds

($120,167)

($120,167)

($120,167)

($120,167)

256.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,335,950) ($1,433,872) ($1,433,872) ($1,433,872)

256.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$107,261

$107,261

$107,261

$107,261

256.6 Reduce funds from operations.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

256.7 Reduce funds by eliminating twenty-two vacant positions.

State General Funds

($1,095,810) ($1,095,810) ($1,095,810) ($1,095,810)

256.8 Reduce funds for advertising from the Clean Air Campaign contract.

State General Funds

($180,000)

($180,000)

($180,000)

($180,000)

256.9 Reduce funds from the Emergency Response Network and eliminate two vacant positions.

State General Funds

($260,298)

($260,298)

($260,298)

($260,298)

256.10 Reduce funds for two land protection positions and fund with existing agency funds.

State General Funds

($179,000)

($179,000)

($179,000)

($179,000)

256.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($54,332)

($54,332)

($54,332)

256.100-Environmental Protection

Appropriation (HB 118)

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

$28,757,158 $28,604,904 $28,604,904 $28,604,904

State General Funds

$28,757,158 $28,604,904 $28,604,904 $28,604,904

TOTAL FEDERAL FUNDS

$23,517,774 $23,517,774 $23,517,774 $23,517,774

Federal Funds Not Itemized

$23,517,774 $23,517,774 $23,517,774 $23,517,774

TOTAL AGENCY FUNDS

$66,713,023 $66,713,023 $66,713,023 $66,713,023

Sales and Services

$66,713,023 $66,713,023 $66,713,023 $66,713,023

Sales and Services Not Itemized

$66,713,023 $66,713,023 $66,713,023 $66,713,023

TOTAL PUBLIC FUNDS

$118,987,955 $118,835,701 $118,835,701 $118,835,701

MONDAY, MARCH 9, 2009

1685

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

$7,600,000 $7,600,000 $7,600,000

257.1 Reduce unobligated funds.

State General Funds

($4,894,774)

257.2 Reduce funds by eliminating three vacant environmental engineer positions.

State General Funds

($186,018)

($4,894,774) ($186,018)

($4,894,774) ($186,018)

($4,894,774) ($186,018)

257.100-Hazardous Waste Trust Fund

Appropriation (HB 118)

The purpose of this appropriation is to investigate and clean up abandoned hazardous sites.

TOTAL STATE FUNDS

$2,519,208

$2,519,208

$2,519,208

State General Funds

$2,519,208

$2,519,208

$2,519,208

TOTAL PUBLIC FUNDS

$2,519,208

$2,519,208

$2,519,208

$2,519,208 $2,519,208 $2,519,208

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

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

258.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,990)

($17,990)

($17,990)

($17,990)

258.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($70,055)

($75,190)

($75,190)

($75,190)

258.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$20,526

$20,526

$20,526

$20,526

258.4 Reduce funds from the certified local government coordinator contract.

State General Funds

($42,000)

($42,000)

($42,000)

($42,000)

1686

JOURNAL OF THE HOUSE

258.5 Reduce funds and defer the Georgia Heritage Grants.

State General Funds

($129,276)

258.6 Reduce funds from Regional Development Centers' Historic Preservation Planners.

State General Funds

($28,119)

258.7 Reduce funds by eliminating two vacant positions.

State General Funds

($129,276) ($28,119)

($129,276) ($28,119) ($100,000)

($129,276) $0
($100,000)

258.100-Historic Preservation

Appropriation (HB 118)

The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations.

TOTAL STATE FUNDS

$1,909,533

$1,904,398

$1,804,398

$1,832,517

State General Funds

$1,909,533

$1,904,398

$1,804,398

$1,832,517

TOTAL FEDERAL FUNDS

$1,007,287

$1,007,287

$1,007,287

$1,007,287

Federal Funds Not Itemized

$1,007,287

$1,007,287

$1,007,287

$1,007,287

TOTAL PUBLIC FUNDS

$2,916,820

$2,911,685

$2,811,685

$2,839,804

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

$519,421 $519,421 $519,421

$519,421 $519,421 $519,421

$519,421 $519,421 $519,421

$519,421 $519,421 $519,421

259.1 Defer the FY09 cost of living adjustment.

State General Funds

($4,513)

($4,513)

($4,513)

($4,513)

259.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($17,578)

($18,866)

($18,866)

($18,866)

259.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,843

$4,843

$4,843

$4,843

259.100-Land Conservation

Appropriation (HB 118)

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

$502,173

$500,885

$500,885

$500,885

State General Funds

$502,173

$500,885

$500,885

$500,885

TOTAL PUBLIC FUNDS

$502,173

$500,885

$500,885

$500,885

MONDAY, MARCH 9, 2009

1687

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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$27,435,429 $27,435,429 $1,704,029 $1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000 $30,000 $30,000 $70,424,697

$27,435,429 $27,435,429 $1,704,029
$1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000 $30,000 $30,000 $70,424,697

$27,435,429 $27,435,429
$1,704,029 $1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000 $30,000 $30,000 $70,424,697

$27,435,429 $27,435,429 $1,704,029
$1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000 $30,000 $30,000 $70,424,697

260.1 Defer the FY09 cost of living adjustment.

State General Funds

($227,227)

($227,227)

($227,227)

($227,227)

260.2 Defer salary adjustments for critical jobs.

State General Funds

($21,442)

($21,442)

($21,442)

($21,442)

260.3

Defer 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, 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) ($1,537,636) ($1,537,636)

260.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($884,845)

($949,703)

($949,703)

($949,703)

260.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$15,353

$15,353

$15,353

$15,353

260.6 Reduce funds received in HB990 (FY09G) to build public recreation facilities and a boat ramp at Bear Creek Reservoir.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

1688

JOURNAL OF THE HOUSE

260.7 Reduce funds received in HB990 (FY09G) for the survey of High Falls State Park.

State General Funds

($148,000)

($148,000)

260.8 Reduce funds received in HB990 (FY09G) to control aquatic vegetation at Little Ocmulgee State Park.

State General Funds

($25,000)

($25,000)

260.9 Reduce unobligated repair and maintenance funds.

State General Funds

($452,359)

($452,359)

260.10 Reduce funds for two management and support positions and fund with existing agency funds.

State General Funds

($68,000)

($68,000)

260.11 Eliminate funds and one vacant position by closing the Bo Ginn Aquarium.

State General Funds

($51,000)

($51,000)

260.12 Reduce funds from the Historic Site Region Office.

State General Funds

($186,000)

($186,000)

260.13 Reduce funds by delaying the opening of the Suwanee River Eco-Lodge.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($175,000) ($165,000) ($340,000)

($175,000) ($165,000) ($340,000)

260.14 Reduce funds designated for vehicle purchases.

State General Funds

($206,798)

($206,798)

260.15 Reduce funds from appraisal contracts.

State General Funds

($76,000)

($76,000)

260.16 Reduce funds to reflect the revised revenue estimate.

State General Funds

($230,422)

($148,000) ($25,000) ($452,359) ($68,000) ($51,000) ($186,000) ($175,000) ($165,000) ($340,000) ($206,798) ($76,000) ($230,422)

($148,000) ($25,000) ($452,359) ($68,000) ($51,000) ($186,000) ($175,000) ($165,000) ($340,000) ($206,798) ($76,000) ($230,422)

260.100-Parks, Recreation and Historic Sites

Appropriation (HB 118)

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

$23,266,475 $22,971,195 $22,971,195 $22,971,195

State General Funds

$23,266,475 $22,971,195 $22,971,195 $22,971,195

TOTAL FEDERAL FUNDS

$1,704,029

$1,704,029

$1,704,029

$1,704,029

Federal Funds Not Itemized

$1,704,029

$1,704,029

$1,704,029

$1,704,029

TOTAL AGENCY FUNDS

$41,090,239 $41,090,239 $41,090,239 $41,090,239

Contributions, Donations, and Forfeitures

$300,000

$300,000

$300,000

$300,000

Contributions, Donations, and Forfeitures Not Itemized

$300,000

$300,000

$300,000

$300,000

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

$37,849,102 $37,849,102 $37,849,102 $37,849,102

MONDAY, MARCH 9, 2009

1689

Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$37,849,102 $30,000 $30,000 $30,000
$66,090,743

$37,849,102 $30,000 $30,000 $30,000
$65,795,463

$37,849,102 $30,000 $30,000 $30,000
$65,795,463

$37,849,102 $30,000 $30,000 $30,000
$65,795,463

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 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

$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

261.100-Pollution Prevention Assistance

Appropriation (HB 118)

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

$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

$6,000,000 $6,000,000 $6,000,000

262.1 Reduce unobligated funds. State General Funds

($3,906,915) ($3,906,915) ($3,906,915) ($3,906,915)

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262.100-Solid Waste Trust Fund

Appropriation (HB 118)

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

$2,093,085

$2,093,085

$2,093,085

$2,093,085

State General Funds

$2,093,085

$2,093,085

$2,093,085

$2,093,085

TOTAL PUBLIC FUNDS

$2,093,085

$2,093,085

$2,093,085

$2,093,085

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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700
$4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433

263.1 Defer the FY09 cost of living adjustment.

State General Funds

($332,522)

($332,522)

($332,522)

($332,522)

263.2

Defer 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

($1,411,374) ($1,411,374) ($1,411,374) ($1,411,374)

263.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,294,875) ($1,389,786) ($1,389,786) ($1,389,786)

MONDAY, MARCH 9, 2009

1691

263.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$12,684

$12,684

$12,684

$12,684

263.5 Reduce funds by eliminating ten vacant law enforcement positions funded in HB990 (FY09G).

State General Funds

($450,000)

($450,000)

($450,000)

($450,000)

263.6 Reduce funds due to outsourcing of License and Boat Registration Unit functions and the elimination of seven related positions.

State General Funds

($269,107)

($269,107)

($269,107)

($269,107)

263.7 Reduce funds designated for vehicle purchases.

State General Funds

($98,407)

($98,407)

($98,407)

($98,407)

263.8 Reduce funds by eliminating one vacant position from the Lake Burton cold-water hatchery.

State General Funds

($47,896)

($47,896)

($47,896)

($47,896)

263.9 Reduce funds received in HB990 (FY09G) to construct a campground at the Berry College Wildlife Management Area.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

263.10 Reduce funds from the Bobwhite Quail Initiative and replace with receipts from license plate sales.

State General Funds

($538,163)

($538,163)

($538,163)

($538,163)

263.11 Reduce funds due to closing select Wildlife Management Areas (WMAs) operated on federal lands and reductions in acres leased as a result of nearby state land acquisitions.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($391,403) ($587,105) ($978,508)

($391,403) ($587,105) ($978,508)

($391,403) ($587,105) ($978,508)

($391,403) ($587,105) ($978,508)

263.12 Reduce funds by eliminating ten vacant Conservation Ranger positions.

State General Funds

($478,960)

($478,960)

($478,960)

($478,960)

263.13 Reduce funds from contracts.

State General Funds

($68,000)

($68,000)

($68,000)

($68,000)

263.14 Reduce funds from operations.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

263.15 Reduce funds received in HB85 (FY06G) and eliminate the vacant deadhead logger position.

State General Funds

($50,000)

($50,000)

263.16 Reduce funds and utilize existing funds to purchase communications equipment for law enforcement.

State General Funds

($300,000)

($300,000)

263.100-Wildlife Resources

Appropriation (HB 118)

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.

1692

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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 Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$32,103,624 $32,103,624 $16,705,981 $16,705,981 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $63,297,305

$32,008,713 $32,008,713 $16,705,981 $16,705,981 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $63,202,394

$31,658,713 $31,658,713 $16,705,981 $16,705,981 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $62,852,394

$31,658,713 $31,658,713 $16,705,981 $16,705,981 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $62,852,394

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

$1,802,507 $1,802,507 $1,802,507

$1,802,507 $1,802,507 $1,802,507

$1,802,507 $1,802,507 $1,802,507

$1,802,507 $1,802,507 $1,802,507

264.1 Defer the FY09 cost of living adjustment.

State General Funds

($25,535)

($25,535)

($25,535)

($25,535)

264.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($52,960)

($46,861)

($46,861)

($46,861)

264.3 Reduce funds from operations.

State General Funds

($169,298)

($169,298)

($169,298)

($169,298)

264.4 Reduce funds received in HB990 (FY09G) to assist the Laurens County Agriculture and Exposition Center.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

264.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,297)

($15,297)

($15,297)

MONDAY, MARCH 9, 2009

1693

264.100-Payments to Georgia Agricultural Exposition Authority

Appropriation (HB 118)

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

$1,529,714

$1,520,516

$1,520,516

$1,520,516

State General Funds

$1,529,714

$1,520,516

$1,520,516

$1,520,516

TOTAL PUBLIC FUNDS

$1,529,714

$1,520,516

$1,520,516

$1,520,516

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

$1,124,176 $1,124,176 $1,124,176

$1,124,176 $1,124,176 $1,124,176

$1,124,176 $1,124,176 $1,124,176

$1,124,176 $1,124,176 $1,124,176

265.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,168)

($8,168)

($8,168)

($8,168)

265.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($68,543)

($73,592)

($73,592)

($73,592)

265.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,909

$3,909

$3,909

$3,909

265.4 Reduce funds from operations.

State General Funds

($108,793)

($108,793)

($108,793)

($108,793)

265.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($9,426)

($9,426)

($9,426)

265.100-Payments to Georgia Agrirama Development Authority

Appropriation (HB 118)

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

$942,581

$928,106

$928,106

$928,106

State General Funds

$942,581

$928,106

$928,106

$928,106

TOTAL PUBLIC FUNDS

$942,581

$928,106

$928,106

$928,106

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.

1694

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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

266.1 Reduce funds from operations. State General Funds 266.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($6,000)

($6,000) ($940)

($6,000) ($940)

($6,000) ($940)

266.100-Payments to Lake Allatoona Preservation Authority

Appropriation (HB 118)

The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority.

TOTAL STATE FUNDS

$94,000

$93,060

State General Funds

$94,000

$93,060

TOTAL PUBLIC FUNDS

$94,000

$93,060

$93,060 $93,060 $93,060

$93,060 $93,060 $93,060

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

267.1 Reduce funds from operations. State General Funds 267.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($37,196)

($37,196) ($3,348)

($37,196) ($3,348)

($37,196) ($3,348)

267.100-Payments to Southwest Georgia Railroad Excursion Authority

Appropriation (HB 118)

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

$334,768

$331,420

$331,420

$331,420

State General Funds

$334,768

$331,420

$331,420

$331,420

TOTAL PUBLIC FUNDS

$334,768

$331,420

$331,420

$331,420

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.

MONDAY, MARCH 9, 2009

1695

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 33: Pardons and Paroles, State Board of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final

$51,477,719 $51,287,955

$51,477,719 $51,287,955

$806,050

$806,050

$806,050

$806,050

$52,283,769 $52,094,005

$51,287,955 $51,287,955
$806,050 $806,050 $52,094,005

$51,287,955 $51,287,955
$806,050 $806,050 $52,094,005

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

$6,337,655 $6,337,655 $6,337,655

$6,337,655 $6,337,655 $6,337,655

$6,337,655 $6,337,655 $6,337,655

$6,337,655 $6,337,655 $6,337,655

268.1 Defer the FY09 cost of living adjustment.

State General Funds

($41,291)

($41,291)

($41,291)

($41,291)

268.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($199)

($199)

($199)

($199)

268.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($196,449)

($210,918)

($210,918)

($210,918)

268.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$105,491

$105,491

$105,491

$105,491

268.5 Reduce funds by eliminating speakers at conferences, discontinuing special training courses, and employee participation in the Georgia Leadership Institute.

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JOURNAL OF THE HOUSE

State General Funds

($30,000)

($30,000)

268.6 Reduce funds from IT contracts for hardware/software maintenance and installation services.

State General Funds

($40,000)

($40,000)

268.7 Reduce funds from operations.

State General Funds

($75,000)

($75,000)

268.8 Reduce funds by consolidating Lotus Notes servers and reducing the number of IT licenses required.

State General Funds

($16,841)

($16,841)

268.9 Reduce funds by eliminating one vacant position in Human Resources.

State General Funds

($74,682)

($74,682)

268.10 Reduce funds by furloughing all employees for a total of two days.

State General Funds

($23,645)

($23,645)

($30,000) ($40,000) ($75,000) ($16,841) ($74,682) ($23,645)

($30,000) ($40,000) ($75,000) ($16,841) ($74,682) ($23,645)

268.100-Board Administration

Appropriation (HB 118)

The purpose of this appropriation is to provide administrative support for the agency.

TOTAL STATE FUNDS

$5,945,039

$5,930,570

$5,930,570

State General Funds

$5,945,039

$5,930,570

$5,930,570

TOTAL PUBLIC FUNDS

$5,945,039

$5,930,570

$5,930,570

$5,930,570 $5,930,570 $5,930,570

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

$11,247,418 $11,247,418 $11,247,418

$11,247,418 $11,247,418 $11,247,418

$11,247,418 $11,247,418 $11,247,418

$11,247,418 $11,247,418 $11,247,418

269.1 Defer the FY09 cost of living adjustment.

State General Funds

($120,359)

($120,359)

($120,359)

($120,359)

269.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($581)

($581)

($581)

($581)

269.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($571,060)

($612,121)

($612,121)

($612,121)

269.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$26,128

$26,128

$26,128

$26,128

MONDAY, MARCH 9, 2009

1697

269.5 Reduce funds for parole officer training and through price reductions from vendors for wireless, basic services, long distance, voice mail, data circuits, and an overall reduction in the number of phone lines.

State General Funds

($21,858)

($21,858)

($21,858)

($21,858)

269.6 Reduce funds by eliminating three vacant data transcriber positions and two positions in the Investigations division.

State General Funds

($138,000)

($138,000)

($138,000)

($138,000)

269.7 Reduce funds from travel for four days of the Victim's Days program.

State General Funds

($7,425)

($7,425)

($7,425)

($7,425)

269.8 Reduce funds by eliminating travel for the Visitor's Days program.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

269.9 Reduce funds by furloughing all employees for a total of two days.

State General Funds

($73,275)

($73,275)

($73,275)

($73,275)

269.10 Reduce funds by eliminating funds for the reclassification of positions to support conversion of paper files for the Clemency Online Navigation System (CONS).

State General Funds

($59,000)

($59,000)

($59,000)

($59,000)

269.11 Reduce funds by restructuring a position in legal services.

State General Funds

($12,000)

($12,000)

($12,000)

($12,000)

269.100-Clemency Decisions

Appropriation (HB 118)

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

$10,259,988 $10,218,927 $10,218,927 $10,218,927

State General Funds

$10,259,988 $10,218,927 $10,218,927 $10,218,927

TOTAL PUBLIC FUNDS

$10,259,988 $10,218,927 $10,218,927 $10,218,927

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$40,293,558 $40,293,558
$806,050 $806,050 $41,099,608

$40,293,558 $40,293,558
$806,050 $806,050 $41,099,608

$40,293,558 $40,293,558
$806,050 $806,050 $41,099,608

$40,293,558 $40,293,558
$806,050 $806,050 $41,099,608

270.1 Defer the FY09 cost of living adjustment. State General Funds 270.2 Defer structure adjustments to the statewide salary plan. State General Funds

($385,064) ($1,860)

($385,064) ($1,860)

($385,064) ($1,860)

($385,064) ($1,860)

1698

JOURNAL OF THE HOUSE

270.3 Defer the special pay raise for parole officers, assistant chief parole officers, and chief/regional directors (manager II) to address retention and compression issues.

State General Funds

($1,288,218) ($1,288,218) ($1,288,218) ($1,288,218)

270.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,799,504) ($1,932,046) ($1,932,046) ($1,932,046)

270.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$142,506

$142,506

$142,506

$142,506

270.6 Reduce funds to cover the registration and travel costs for the annual Parole Training Conference.

State General Funds

($54,800)

($54,800)

($54,800)

($54,800)

270.7 Reduce funds through price reductions from vendors for wireless, basic services, long distance, voice mail, data circuits, and an overall reduction in the number of phone lines, and from equipment.

State General Funds

($100,378)

($100,378)

($100,378)

($100,378)

270.8 Reduce funds from the Command College by utilizing asset forfeiture funds.

State General Funds

($9,150)

($9,150)

($9,150)

($9,150)

270.9 Reduce funds from parolee health services.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

270.10 Reduce funds by furloughing all employees for a total of two days.

State General Funds

($221,930)

($221,930)

($221,930)

($221,930)

270.11 Reduce funds from town hall events that solicit partnerships and resources from the faith based community to assist with offender reentry and successful reintegration.

State General Funds

($8,400)

($8,400)

($8,400)

($8,400)

270.12 Reduce funds by eliminating twenty vacant parole officer positions.

State General Funds

($884,321)

($884,321)

($884,321)

($884,321)

270.13 Reduce funds from the Atlanta Parole Reporting Center by reducing operations.

State General Funds

($92,415)

($92,415)

($92,415)

($92,415)

270.14 Eliminate funds for the Residential Substance Abuse Treatment program.

State General Funds

($721,000)

($721,000)

($721,000)

($721,000)

270.100-Parole Supervision

Appropriation (HB 118)

The purpose of this appropriation is for transitioning offenders from prison back into the community as productive, law abiding citizens.

TOTAL STATE FUNDS

$34,849,024 $34,716,482 $34,716,482

State General Funds

$34,849,024 $34,716,482 $34,716,482

$34,716,482 $34,716,482

MONDAY, MARCH 9, 2009

1699

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$806,050 $806,050 $35,655,074

$806,050 $806,050 $35,522,532

$806,050 $806,050 $35,522,532

$806,050 $806,050 $35,522,532

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

$560,959 $560,959 $560,959

$560,959 $560,959 $560,959

$560,959 $560,959 $560,959

$560,959 $560,959 $560,959

271.1 Defer the FY09 cost of living adjustment.

State General Funds

($5,110)

($5,110)

($5,110)

($5,110)

271.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($25)

($25)

($25)

($25)

271.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($22,975)

($24,667)

($24,667)

($24,667)

271.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,986

$2,986

$2,986

$2,986

271.5 Reduce funds by furloughing all employees for a total of two days.

State General Funds

($2,782)

($2,782)

($2,782)

($2,782)

271.6 Reduce funds from Victim's Day by restricting/limiting travel.

State General Funds

($4,000)

($4,000)

($4,000)

($4,000)

271.7 Reduce funds from victim services contracts used to hire additional staff.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

271.8 Reduce funds by eliminating one business operations position.

State General Funds

($45,385)

($45,385)

($45,385)

($45,385)

271.100-Victim Services

Appropriation (HB 118)

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

$423,668

$421,976

$421,976

$421,976

State General Funds

$423,668

$421,976

$421,976

$421,976

TOTAL PUBLIC FUNDS

$423,668

$421,976

$421,976

$421,976

1700

JOURNAL OF THE HOUSE

Section 34: Properties Commission, State
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$1,037,739 $1,037,739 $1,037,739

$1,037,739 $1,037,739 $1,037,739

$1,037,739 $1,037,739 $1,037,739

$1,037,739 $1,037,739 $1,037,739

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$1,037,739 $1,037,739 $1,037,739

$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 $417,295 $417,295 $417,295 $417,295

$0 $0 $417,295 $417,295 $417,295 $417,295

$0 $0 $417,295 $417,295 $417,295 $417,295

$0 $0 $417,295 $417,295 $417,295 $417,295

272.100 -Leasing

Appropriation (HB 118)

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

$417,295

$417,295

$417,295

$417,295

State Funds Transfers

$417,295

$417,295

$417,295

$417,295

Rental Payments

$417,295

$417,295

$417,295

$417,295

TOTAL PUBLIC FUNDS

$417,295

$417,295

$417,295

$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.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments
TOTAL PUBLIC FUNDS

$0 $0 $620,444 $620,444 $620,444 $620,444

$0 $0 $620,444 $620,444 $620,444 $620,444

$0 $0 $620,444 $620,444 $620,444 $620,444

$0 $0 $620,444 $620,444 $620,444 $620,444

MONDAY, MARCH 9, 2009

1701

273.100-Properties Commission, State

Appropriation (HB 118)

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

$620,444

$620,444

$620,444

$620,444

State Funds Transfers

$620,444

$620,444

$620,444

$620,444

Rental Payments

$620,444

$620,444

$620,444

$620,444

TOTAL PUBLIC FUNDS

$620,444

$620,444

$620,444

$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

$0

$0

$0

$0

$0

$0

$0

$0

504.1 Reduce funds by closing the Capitol Education Center, and realize savings through a reduction in utilities and the elimination of one position (Total Funds: $111,579).

Rental Payments

$0

$0

$0

$0

504.2 Reduce funds by furloughing staff with salaries greater than $40,000 for ten days (Total Funds: $217,606). (S:Reflect agency intent to achieve savings by additional reductions in operating expenses)

Rental Payments

$0

$0

$0

$0

504.3 Reduce funds designated for the Capitol Hill security contract due to staffing optimization, building closures, and a reduction in equipment purchases (Total Funds: $750,387).

Rental Payments

$0

$0

$0

$0

504.4 Reduce funds designated for central energy plant usage and utility costs through the use of automated controls, increasing standard thermostat settings, and limited HVAC usage at closed or vacant facilities (Total Funds: $815,704).

Rental Payments

$0

$0

$0

$0

504.5 Reduce funds from contracts for temporary labor, in access control systems, and other miscellaneous contracts (Total Funds: $208,277).

Rental Payments

$0

$0

$0

$0

504.6 Reduce funds designated for custodial contracts through the elimination of two cleaning days per week in state buildings, and transfer cleaning services at specific facilities to GBA staff (Total Funds: $749,445).

Rental Payments

$0

$0

$0

$0

504.7 Reduce funds from operations (Total Funds: $161,494). (S:Reflect agency intent to reduce by $379,100)

Rental Payments

$0

$0

$0

$0

504.8 Utilize savings for security access and control capital projects (Total Funds: $3,014,492).

Rental Payments

$0

$0

$0

$0

1702

JOURNAL OF THE HOUSE

Section 35: Public Defender Standards Council, Georgia
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income
TOTAL PUBLIC FUNDS

Section Total - Continuation

$40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957

$40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957

$40,439,957 $40,439,957
$1,700,000 $1,700,000 $42,139,957

$40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income
TOTAL PUBLIC FUNDS

Section Total - Final

$35,844,753 $35,351,821

$35,844,753 $35,351,821

$1,700,000

$1,700,000

$1,700,000

$1,700,000

$37,544,753 $37,051,821

$35,410,269 $35,410,269 $1,700,000 $1,700,000 $37,110,269

$34,410,269 $34,410,269 $1,700,000 $1,700,000 $36,110,269

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
TOTAL PUBLIC FUNDS

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

274.1 Defer the FY09 cost of living adjustment.

State General Funds

($75,437)

($75,437)

($75,437)

($75,437)

274.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($182,589)

($196,037)

($196,037)

($196,037)

274.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,373

$1,373

$1,373

$1,373

274.4 Reduce funds by freezing vacant positions and re-organizing positions throughout the agency.

State General Funds

($304,996)

($304,996)

($304,996)

($304,996)

274.5 Reduce funds from operations.

State General Funds

($400,820)

($400,820)

($400,820)

($400,820)

MONDAY, MARCH 9, 2009

1703

274.6 Reduce funds from training except for three mandatory training classes for public defenders.

State General Funds

($200,000)

274.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($200,000) ($50,000)

($200,000) ($50,000)

($200,000) ($50,000)

274.100-Public Defender Standards Council

Appropriation (HB 118)

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

$5,994,099

$5,930,651

$5,930,651

$5,930,651

State General Funds

$5,994,099

$5,930,651

$5,930,651

$5,930,651

TOTAL AGENCY FUNDS

$1,700,000

$1,700,000

$1,700,000

$1,700,000

Interest and Investment Income

$1,700,000

$1,700,000

$1,700,000

$1,700,000

Interest and Investment Income Not Itemized

$1,700,000

$1,700,000

$1,700,000

$1,700,000

TOTAL PUBLIC FUNDS

$7,694,099

$7,630,651

$7,630,651

$7,630,651

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 PUBLIC FUNDS

$33,283,389 $33,283,389 $33,283,389

$33,283,389 $33,283,389 $33,283,389

$33,283,389 $33,283,389 $33,283,389

$33,283,389 $33,283,389 $33,283,389

275.1 Defer the FY09 cost of living adjustment.

State General Funds

($342,099)

($342,099)

($342,099)

($342,099)

275.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,643,298) ($1,764,334) ($1,764,334) ($1,764,334)

275.3 Reduce funds from the six circuits that opt-out of the statewide public defender system by only funding the minimum amount per position and reducing payments by 6%.

State General Funds

($211,266)

($211,266)

($211,266)

($211,266)

275.4 Reduce funds by freezing vacant positions.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

275.5 Reduce funds from Circuit Offices.

State General Funds

($682,750)

($682,750)

($682,750)

($682,750)

275.6 Reduce funds by freezing two positions in the conflict offices.

State General Funds

($127,822)

($127,822)

($127,822)

($127,822)

1704

JOURNAL OF THE HOUSE

275.7 Reduce funds by consolidating four conflict offices into circuit offices.

State General Funds

($115,500)

($115,500)

($115,500)

($115,500)

275.8 Reduce funds from contracts in the Appellate Division based on anticipated demand.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

275.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($308,448)

$0

$0

275.10 Reduce funds received in HB990 (FY09G) for conflict cases to reflect the actual number of pending conflict cases.

State General Funds

($1,250,000) ($1,250,000)

275.11 Increase funds to offset delayed local billings.

State General Funds

$1,000,000

$0

275.99

SAC: The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 17-12. House: 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 O.C.G.A. 17-12-2. Gov Rev: 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 O.C.G.A. 17-12-2. Governor: 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 O.C.G.A. 17-12-2.

State General Funds

$0

$0

$0

$0

275.100-Public Defenders

Appropriation (HB 118)

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

$29,850,654 $29,421,170 $29,479,618 $28,479,618

State General Funds

$29,850,654 $29,421,170 $29,479,618 $28,479,618

TOTAL PUBLIC FUNDS

$29,850,654 $29,421,170 $29,479,618 $28,479,618

Section 36: Public Safety, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers

Section Total - Continuation

$135,260,351 $135,260,351 $28,604,501
$28,604,501 $17,610,178 $7,503,871

$135,260,351 $135,260,351 $28,604,501
$28,604,501 $17,610,178 $7,503,871

$135,260,351 $135,260,351 $28,604,501 $28,604,501 $17,610,178
$7,503,871

$135,260,351 $135,260,351 $28,604,501 $28,604,501 $17,610,178
$7,503,871

MONDAY, MARCH 9, 2009

1705

Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS

$707,000 $9,199,307
$200,000 $1,017,000 $1,017,000 $182,492,030

$707,000 $9,199,307
$200,000 $1,017,000 $1,017,000 $182,492,030

$707,000 $9,199,307
$200,000 $1,017,000 $1,017,000 $182,492,030

$707,000 $9,199,307
$200,000 $1,017,000 $1,017,000 $182,492,030

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

$117,880,895 $117,299,650

$117,880,895 $117,299,650

$28,604,501 $28,604,501

$28,604,501 $28,604,501

$17,610,178 $17,610,178

$7,503,871

$7,503,871

$707,000

$707,000

$9,199,307

$9,199,307

$200,000

$200,000

$1,017,000

$1,017,000

$1,017,000

$1,017,000

$165,112,574 $164,531,329

$117,299,650 $117,299,650 $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 $164,531,329

$117,299,650 $117,299,650 $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 $164,531,329

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$2,843,588 $2,843,588
$200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588

$2,843,588 $2,843,588
$200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588

$2,843,588 $2,843,588
$200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588

$2,843,588 $2,843,588
$200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588

276.1 Defer the FY09 cost of living adjustment. State General Funds 276.2 Defer structure adjustments to the statewide salary plan. State General Funds

($19,149) ($121)

($19,149) ($121)

($19,149) ($121)

($19,149) ($121)

1706

JOURNAL OF THE HOUSE

276.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($93,906)

($100,823)

($100,823)

($100,823)

276.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$10,919

$10,919

$10,919

$10,919

276.100 -Aviation

Appropriation (HB 118)

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

$2,741,331

$2,734,414

$2,734,414

$2,734,414

State General Funds

$2,741,331

$2,734,414

$2,734,414

$2,734,414

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

$200,000

Federal Funds Not Itemized

$200,000

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$370,000

$370,000

$370,000

$370,000

Rebates, Refunds, and Reimbursements

$370,000

$370,000

$370,000

$370,000

Rebates, Refunds, and Reimbursements Not Itemized

$370,000

$370,000

$370,000

$370,000

TOTAL PUBLIC FUNDS

$3,311,331

$3,304,414

$3,304,414

$3,304,414

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 $7,503,871 $7,503,871 $7,503,871 $7,503,871

$0 $7,503,871 $7,503,871 $7,503,871 $7,503,871

$0 $7,503,871 $7,503,871 $7,503,871 $7,503,871

$0 $7,503,871 $7,503,871 $7,503,871 $7,503,871

277.100-Capitol Police Services

Appropriation (HB 118)

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

$7,503,871

Intergovernmental Transfers

$7,503,871

$7,503,871

$7,503,871

$7,503,871

Intergovernmental Transfers Not Itemized

$7,503,871

$7,503,871

$7,503,871

$7,503,871

TOTAL PUBLIC FUNDS

$7,503,871

$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 FEDERAL FUNDS

$9,023,817 $9,023,817
$15,571

$9,023,817 $9,023,817
$15,571

$9,023,817 $9,023,817
$15,571

$9,023,817 $9,023,817
$15,571

MONDAY, MARCH 9, 2009

1707

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$15,571 $9,039,388

$15,571 $9,039,388

$15,571 $9,039,388

$15,571 $9,039,388

278.1 Defer the FY09 cost of living adjustment.

State General Funds

($84,536)

($84,536)

($84,536)

($84,536)

278.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($535)

($535)

($535)

($535)

278.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($414,564)

($445,098)

($445,098)

($445,098)

278.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$24,148

$24,148

$24,148

$24,148

278.5 Reduce funds by assigning five security officers to vacant positions in the Capitol Police program.

State General Funds

($147,630)

($147,630)

($147,630)

($147,630)

278.6 Reduce funds and defer filling three vacant administrative positions.

State General Funds

($148,011)

($148,011)

($148,011)

($148,011)

278.100-Departmental Administration

Appropriation (HB 118)

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

$8,252,689

$8,222,155

$8,222,155

$8,222,155

State General Funds

$8,252,689

$8,222,155

$8,222,155

$8,222,155

TOTAL FEDERAL FUNDS

$15,571

$15,571

$15,571

$15,571

Federal Funds Not Itemized

$15,571

$15,571

$15,571

$15,571

TOTAL PUBLIC FUNDS

$8,268,260

$8,237,726

$8,237,726

$8,237,726

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

$1,511,025 $1,511,025 $1,511,025

$1,511,025 $1,511,025 $1,511,025

$1,511,025 $1,511,025 $1,511,025

$1,511,025 $1,511,025 $1,511,025

279.1 Defer the FY09 cost of living adjustment. State General Funds

($17,435)

($17,435)

($17,435)

($17,435)

1708

JOURNAL OF THE HOUSE

279.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($111)

($111)

($111)

($111)

279.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($85,504)

($91,802)

($91,802)

($91,802)

279.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$966

$966

$966

$966

279.100-Executive Security Services

Appropriation (HB 118)

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

$1,408,941

$1,402,643

$1,402,643

$1,402,643

State General Funds

$1,408,941

$1,402,643

$1,402,643

$1,402,643

TOTAL PUBLIC FUNDS

$1,408,941

$1,402,643

$1,402,643

$1,402,643

Field Offices and Services

Continuation Budget

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 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$90,670,897 $90,670,897 $3,118,316 $3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

$90,670,897 $90,670,897 $3,118,316
$3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

$90,670,897 $90,670,897
$3,118,316 $3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

$90,670,897 $90,670,897 $3,118,316
$3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

280.1 Defer the FY09 cost of living adjustment. State General Funds 280.2 Defer structure adjustments to the statewide salary plan. State General Funds

($732,604) ($4,639)

($732,604) ($4,639)

($732,604) ($4,639)

($732,604) ($4,639)

MONDAY, MARCH 9, 2009

1709

280.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($3,592,688) ($3,857,305) ($3,857,305) ($3,857,305)

280.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$131,561

$131,561

$131,561

$131,561

280.5 Reduce funds and defer the purchase of replacement vehicles.

State General Funds

($554,986)

($554,986)

($554,986)

($554,986)

280.6 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel for non-essential training, and changing the uniform replacement policy.

State General Funds

($1,338,246) ($1,338,246) ($1,338,246) ($1,338,246)

280.7 Reduce funds from the private security contract and by assigning twenty-two troopers to vacant sworn positions in the Capitol Police to be funded with Georgia Building Authority rental revenue.

State General Funds

($891,336)

($891,336)

($891,336)

($891,336)

280.8 Reduce funds by utilizing forty troopers in the Motor Carrier Compliance Division (MCCD) to provide increased commercial vehicle speed and compliance enforcement.

State General Funds

($1,728,359) ($1,728,359) ($1,728,359) ($1,728,359)

280.9 Reduce funds from the 86th Trooper School due to the attrition of thirty-three cadets.

State General Funds

($2,629,011) ($2,629,011) ($2,629,011) ($2,629,011)

280.10 Reduce funds by temporarily freezing trooper promotions resulting from attrition among officer ranks of Corporal through Captain.

State General Funds

($89,605)

($89,605)

($89,605)

($89,605)

280.11 Reduce funds by implementing consolidated communication centers through the use of computer-aided dispatch technology.

State General Funds

($443,000)

($443,000)

($443,000)

($443,000)

280.12 Reduce funds associated with ten additional troopers assigned to the Atlanta Motorcycle Unit and fund with citation revenue.

State General Funds

($65,000)

($65,000)

($65,000)

($65,000)

280.13 Reduce funds from vacant trooper positions.

State General Funds

($532,489)

($532,489)

($532,489)

($532,489)

280.100-Field Offices and Services

Appropriation (HB 118)

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

$78,200,495 $77,935,878 $77,935,878

State General Funds

$78,200,495 $77,935,878 $77,935,878

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

$77,935,878 $77,935,878 $3,118,316 $3,118,316 $1,252,400

1710

JOURNAL OF THE HOUSE

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

$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $82,571,211

$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $82,306,594

$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $82,306,594

$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $82,306,594

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

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

281.1 Defer the FY09 cost of living adjustment.

State General Funds

($143,942)

($143,942)

($143,942)

($143,942)

281.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($911)

($911)

($911)

($911)

281.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($705,889)

($757,881)

($757,881)

($757,881)

281.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$24,180

$24,180

$24,180

$24,180

281.5 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel for non-essential training, and changing the uniform replacement policy.

State General Funds

($488,044)

($488,044)

($488,044)

($488,044)

281.100-Motor Carrier Compliance

Appropriation (HB 118)

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.

MONDAY, MARCH 9, 2009

1711

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

$6,964,317 $6,964,317 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $20,024,687

$6,912,325 $6,912,325 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $19,972,695

$6,912,325 $6,912,325 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $19,972,695

$6,912,325 $6,912,325 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $19,972,695

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

$3,106,754 $3,106,754 $3,106,754

$3,106,754 $3,106,754 $3,106,754

$3,106,754 $3,106,754 $3,106,754

$3,106,754 $3,106,754 $3,106,754

282.1 Defer the FY09 cost of living adjustment.

State General Funds

($29,122)

($29,122)

($29,122)

($29,122)

282.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($184)

($184)

($184)

($184)

282.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($142,813)

($153,331)

($153,331)

($153,331)

282.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$966

$966

$966

$966

282.100-Specialized Collision Reconstruction Team

Appropriation (HB 118)

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

$2,935,601

$2,925,083

$2,925,083

$2,925,083

State General Funds

$2,935,601

$2,925,083

$2,925,083

$2,925,083

TOTAL PUBLIC FUNDS

$2,935,601

$2,925,083

$2,925,083

$2,925,083

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.

1712

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,595,107 $2,595,107 $2,595,107

$2,595,107 $2,595,107 $2,595,107

$2,595,107 $2,595,107 $2,595,107

$2,595,107 $2,595,107 $2,595,107

283.1 Defer the FY09 cost of living adjustment.

State General Funds

($29,482)

($29,482)

($29,482)

($29,482)

283.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($187)

($187)

($187)

($187)

283.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($144,581)

($155,230)

($155,230)

($155,230)

283.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$724

$724

$724

$724

283.5 Reduce funds and defer filling three vacant administrative positions.

State General Funds

($71,946)

($71,946)

($71,946)

($71,946)

283.100-Troop J Specialty Units

Appropriation (HB 118)

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

$2,349,635

$2,338,986

$2,338,986

$2,338,986

State General Funds

$2,349,635

$2,338,986

$2,338,986

$2,338,986

TOTAL PUBLIC FUNDS

$2,349,635

$2,338,986

$2,338,986

$2,338,986

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

$857,156 $857,156 $857,156

$857,156 $857,156 $857,156

$857,156 $857,156 $857,156

$857,156 $857,156 $857,156

284.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,728)

($7,728)

($7,728)

($7,728)

284.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

MONDAY, MARCH 9, 2009

1713

State General Funds 284.3 Reduce funds from per diem and fees for instructors. State General Funds 284.4 Reduce funds to reflect the revised revenue estimate. State General Funds

($37,083) ($65,571)

($39,814) ($65,571)
($7,468)

($39,814) ($65,571)
($7,468)

($39,814) ($65,571)
($7,468)

284.100-Firefighter Standards and Training Council, Georgia

Appropriation (HB 118)

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

$746,774

$736,575

$736,575

$736,575

State General Funds

$746,774

$736,575

$736,575

$736,575

TOTAL PUBLIC FUNDS

$746,774

$736,575

$736,575

$736,575

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

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

285.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,009)

($2,009)

($2,009)

($2,009)

285.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($20,649)

($22,170)

($22,170)

($22,170)

285.3 Defer filling one vacant administration manager position.

State General Funds

($61,587)

($61,587)

($61,587)

($61,587)

285.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,391)

($5,391)

($5,391)

285.100-Highway Safety, Office of

Appropriation (HB 118)

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.

1714

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$539,258 $539,258 $17,233,729 $17,233,729 $17,772,987

$532,346 $532,346 $17,233,729 $17,233,729 $17,766,075

$532,346 $532,346 $17,233,729 $17,233,729 $17,766,075

$532,346 $532,346 $17,233,729 $17,233,729 $17,766,075

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 State General Funds
TOTAL PUBLIC FUNDS

$2,910,146 $2,910,146 $2,910,146

$2,910,146 $2,910,146 $2,910,146

$2,910,146 $2,910,146 $2,910,146

$2,910,146 $2,910,146 $2,910,146

286.1 Defer the FY09 cost of living adjustment.

State General Funds

($19,369)

($19,369)

($19,369)

($19,369)

286.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($92,616)

($99,437)

($99,437)

($99,437)

286.3 Reduce funds from operations and utilize funds in the revenue account to offset these reductions.

State General Funds

($69,244)

($69,244)

($69,244)

($69,244)

286.4 Reduce funds by eliminating one vacant audit position.

State General Funds

($38,475)

($38,475)

($38,475)

($38,475)

286.5 Reduce funds through attrition.

State General Funds

($28,812)

($28,812)

($28,812)

($28,812)

286.6 Reduce funds from the Georgia Sheriffs' Association and the Georgia Association of Chiefs of Police contracts.

State General Funds

($110,027)

($110,027)

($110,027)

($110,027)

286.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($25,516)

($25,516)

($25,516)

286.100-Peace Officer Standards and Training Council, Georgia

Appropriation (HB 118)

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

MONDAY, MARCH 9, 2009

1715

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

$2,551,603

$2,519,266

$2,519,266

$2,519,266

State General Funds

$2,551,603

$2,519,266

$2,519,266

$2,519,266

TOTAL PUBLIC FUNDS

$2,551,603

$2,519,266

$2,519,266

$2,519,266

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$12,839,435 $12,839,435 $1,486,742 $1,486,742 $1,973,680 $1,973,680
$1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

$12,839,435 $12,839,435 $1,486,742
$1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

$12,839,435 $12,839,435
$1,486,742 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

$12,839,435 $12,839,435 $1,486,742
$1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

287.1 Defer the FY09 cost of living adjustment.

State General Funds

($101,284)

($101,284)

($101,284)

($101,284)

287.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,353)

($2,353)

($2,353)

($2,353)

287.3 Defer salary adjustments for critical jobs.

State General Funds

($59,702)

($59,702)

($59,702)

($59,702)

287.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($520,935)

($559,304)

($559,304)

($559,304)

287.5 Reduce funds from operations.

State General Funds

($391,286)

($391,286)

($391,286)

($391,286)

287.6 Reduce funds from food services due to the cancellation of classes for state agencies.

State General Funds

($314,704)

($314,704)

($314,704)

($314,704)

1716

JOURNAL OF THE HOUSE

287.7 Reduce funds from the Association of Fire Chiefs contract.

State General Funds

($8,500)

($8,500)

287.8 Reduce funds from the Fire Academy due to a reduction in per diem available for instructors.

State General Funds

($14,870)

($14,870)

287.9 Reduce funds by postponing the availability of public safety diver and smoke diver specialty courses.

State General Funds

($12,820)

($12,820)

287.10 Reduce funds by discontinuing free meals for state agencies receiving training.

State General Funds

($141,144)

($141,144)

287.11 Reduce funds from contracts with the Fulton, Clayton, and North Central Regional Police Academies.

State General Funds

($81,586)

($81,586)

287.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($111,903)

($8,500) ($14,870) ($12,820) ($141,144) ($81,586) ($111,903)

($8,500) ($14,870) ($12,820) ($141,144) ($81,586) ($111,903)

287.100-Public Safety Training Center, Georgia

Appropriation (HB 118)

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

$11,190,251 $11,039,979 $11,039,979 $11,039,979

State General Funds

$11,190,251 $11,039,979 $11,039,979 $11,039,979

TOTAL FEDERAL FUNDS

$1,486,742

$1,486,742

$1,486,742

$1,486,742

Federal Funds Not Itemized

$1,486,742

$1,486,742

$1,486,742

$1,486,742

TOTAL AGENCY FUNDS

$1,973,680

$1,973,680

$1,973,680

$1,973,680

Sales and Services

$1,973,680

$1,973,680

$1,973,680

$1,973,680

Sales and Services Not Itemized

$1,973,680

$1,973,680

$1,973,680

$1,973,680

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,017,000

$1,017,000

$1,017,000

$1,017,000

State Funds Transfers

$1,017,000

$1,017,000

$1,017,000

$1,017,000

Agency to Agency Contracts

$1,017,000

$1,017,000

$1,017,000

$1,017,000

TOTAL PUBLIC FUNDS

$15,667,673 $15,517,401 $15,517,401 $15,517,401

Section 37: Public Service Commission
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

$10,348,009 $10,348,009
$600,000 $600,000
$70,000 $70,000 $11,018,009

$10,348,009 $10,348,009
$600,000 $600,000
$70,000 $70,000 $11,018,009

$10,348,009 $10,348,009
$600,000 $600,000
$70,000 $70,000 $11,018,009

$10,348,009 $10,348,009
$600,000 $600,000 $70,000
$70,000 $11,018,009

MONDAY, MARCH 9, 2009

1717

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

$9,060,890

$8,936,071

$9,060,890

$8,936,071

$600,000

$600,000

$600,000

$600,000

$70,000

$70,000

$70,000

$70,000

$9,730,890

$9,606,071

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

$8,926,071 $8,926,071
$600,000 $600,000
$70,000 $70,000 $9,596,071
$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

$8,926,071 $8,926,071
$600,000 $600,000
$70,000 $70,000 $9,596,071
$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

288.1 Defer the FY09 cost of living adjustment.

State General Funds

($13,167)

($13,167)

($13,167)

($13,167)

288.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($615)

($615)

($615)

($615)

288.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($62,703)

($67,321)

($67,321)

($67,321)

288.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,950

$1,950

$1,950

$1,950

288.100-Commission Administration

Appropriation (HB 118)

The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS

$1,208,329

$1,203,711

$1,203,711

State General Funds

$1,208,329

$1,203,711

$1,203,711

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

$1,278,329

$1,273,711

$1,273,711

$1,203,711 $1,203,711
$70,000 $70,000 $70,000 $1,273,711

1718

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

$867,604 $867,604 $600,000 $600,000 $1,467,604

$867,604 $867,604 $600,000 $600,000 $1,467,604

$867,604 $867,604 $600,000 $600,000 $1,467,604

$867,604 $867,604 $600,000 $600,000 $1,467,604

289.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,541)

($8,541)

($8,541)

($8,541)

289.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($60,846)

($65,327)

($65,327)

($65,327)

289.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,607

$1,607

$1,607

$1,607

289.4 Reduce funds from costs for Georgia Utility Facility Protection Act (GUFPA) enforcement cases to reflect projected expenditures.

State General Funds

($10,000)

($10,000)

289.100-Facility Protection

Appropriation (HB 118)

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

$799,824

$795,343

$785,343

State General Funds

$799,824

$795,343

$785,343

TOTAL FEDERAL FUNDS

$600,000

$600,000

$600,000

Federal Funds Not Itemized

$600,000

$600,000

$600,000

TOTAL PUBLIC FUNDS

$1,399,824

$1,395,343

$1,385,343

$785,343 $785,343 $600,000 $600,000 $1,385,343

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

$8,197,541 $8,197,541 $8,197,541

$8,197,541 $8,197,541 $8,197,541

$8,197,541 $8,197,541 $8,197,541

$8,197,541 $8,197,541 $8,197,541

290.1 Defer the FY09 cost of living adjustment. State General Funds

($77,195)

($77,195)

($77,195)

($77,195)

MONDAY, MARCH 9, 2009

1719

290.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($340,923)

($366,034)

($366,034)

($366,034)

290.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$6,006

$6,006

$6,006

$6,006

290.4 Reduce funds from operations for regional and national collaborative and conference participation, obsolete equipment replacement, and through efficiency measures.

State General Funds

($226,692)

($226,692)

($226,692)

($226,692)

290.5 Reduce funds from vacant, co-op, and temporary positions.

State General Funds

($306,000)

($306,000)

($306,000)

($306,000)

290.6 Reduce funds from subject matter experts for rate cases.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

290.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($90,609)

($90,609)

($90,609)

290.100-Utilities Regulation

Appropriation (HB 118)

The purpose of this appropriation is to regulate intrastate telecommunications, natural gas, and electric utilities.

TOTAL STATE FUNDS

$7,052,737

$6,937,017

$6,937,017

State General Funds

$7,052,737

$6,937,017

$6,937,017

TOTAL PUBLIC FUNDS

$7,052,737

$6,937,017

$6,937,017

$6,937,017 $6,937,017 $6,937,017

Section 38: 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

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

TOTAL STATE FUNDS State General Funds

Section Total - Final $2,081,159,927 $2,060,429,099 $2,061,938,923 $2,063,119,232 $2,064,954,461 $2,044,223,633 $2,045,733,457 $2,046,913,766

1720

JOURNAL OF THE HOUSE

Tobacco Settlement Funds TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS

$16,205,466 $3,133,126,388
$3,625,810 $1,692,492,806
$85,655,630 $1,351,352,142 $5,214,286,315

$16,205,466 $3,133,126,388
$3,625,810 $1,692,492,806
$85,655,630 $1,351,352,142 $5,193,555,487

$16,205,466 $3,133,126,388
$3,625,810 $1,692,492,806
$85,655,630 $1,351,352,142 $5,195,065,311

$16,205,466 $3,133,126,388
$3,625,810 $1,692,492,806
$85,655,630 $1,351,352,142 $5,196,245,620

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

$17,891,736 $17,891,736 $12,975,000 $7,875,000 $7,875,000 $5,100,000
$5,100,000 $30,866,736

$17,891,736 $17,891,736 $12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736

$17,891,736 $17,891,736 $12,975,000
$7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736

$17,891,736 $17,891,736 $12,975,000 $7,875,000 $7,875,000 $5,100,000
$5,100,000 $30,866,736

291.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($35,278)

($35,278)

($35,278)

($35,278)

291.2 Reduce funds by eliminating three filled positions.

State General Funds

($239,138)

($239,138)

($239,138)

($239,138)

291.3 Reduce funds by eliminating five vacant positions.

State General Funds

($325,346)

($325,346)

($325,346)

($325,346)

291.4 Reduce funds from operations.

State General Funds

($524,766)

($524,766)

($524,766)

($524,766)

291.5 Reduce funds from the Seed Capital Fund.

State General Funds

($5,000,000) ($5,000,000) ($5,000,000) ($5,000,000)

291.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($117,672)

($117,672)

($117,672)

291.100-Advanced Technology Development Center/Economic Development Institute Appropriation (HB 118)

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

$11,767,208 $11,649,536 $11,649,536 $11,649,536

State General Funds

$11,767,208 $11,649,536 $11,649,536 $11,649,536

TOTAL AGENCY FUNDS

$12,975,000 $12,975,000 $12,975,000 $12,975,000

MONDAY, MARCH 9, 2009

1721

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,875,000 $7,875,000 $5,100,000 $5,100,000 $24,742,208

$7,875,000 $7,875,000 $5,100,000 $5,100,000 $24,624,536

$7,875,000 $7,875,000 $5,100,000 $5,100,000 $24,624,536

$7,875,000 $7,875,000 $5,100,000 $5,100,000 $24,624,536

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

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879
$8,501,879 $82,798,877

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976
$2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879
$8,501,879 $82,798,877

292.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($210,114)

($210,114)

($210,114)

($210,114)

292.2 Reduce funds by eliminating forty-one vacant positions.

State General Funds

($2,580,435) ($2,580,435) ($2,580,435) ($2,580,435)

292.3 Reduce funds from operations.

State General Funds

($339,242)

($339,242)

($339,242)

($339,242)

292.4 Reduce funds received in HB990 (FY09G) for maintenance and operations (M&O).

State General Funds

($700,000)

($700,000)

($700,000)

($700,000)

292.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($414,162)

($414,162)

($414,162)

292.100-Agricultural Experiment Station

Appropriation (HB 118)

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

$41,416,167 $41,002,005 $41,002,005 $41,002,005

State General Funds

$41,416,167 $41,002,005 $41,002,005 $41,002,005

TOTAL AGENCY FUNDS

$37,552,919 $37,552,919 $37,552,919 $37,552,919

1722

JOURNAL OF THE HOUSE

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $78,969,086

$26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $78,554,924

$26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $78,554,924

$26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $78,554,924

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

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

293.100-Athens and Tifton Veterinary Laboratories

Appropriation (HB 118)

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

$32,323

$32,323

$32,323

$32,323

State General Funds

$32,323

$32,323

$32,323

$32,323

TOTAL AGENCY FUNDS

$4,944,522

$4,944,522

$4,944,522

$4,944,522

Intergovernmental Transfers

$4,944,522

$4,944,522

$4,944,522

$4,944,522

Intergovernmental Transfers Not Itemized

$4,944,522

$4,944,522

$4,944,522

$4,944,522

TOTAL PUBLIC FUNDS

$4,976,845

$4,976,845

$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

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414

MONDAY, MARCH 9, 2009

1723

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$4,295,414 $62,919,325

$4,295,414 $62,919,325

$4,295,414 $62,919,325

$4,295,414 $62,919,325

294.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($250,268)

($250,268)

($250,268)

($250,268)

294.2 Reduce funds by eliminating fifty vacant positions.

State General Funds

($1,823,239) ($1,823,239) ($1,823,239) ($1,823,239)

294.3 Reduce funds by filling critical positions at the minimum salary level.

State General Funds

($351,000)

($351,000)

($351,000)

($351,000)

294.4 Reduce funds from operations.

State General Funds

($197,000)

($197,000)

($197,000)

($197,000)

294.5 Reduce funds received in HB990 (FY09G) for maintenance and operations (M&O).

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

294.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($349,139)

($349,139)

($349,139)

294.100-Cooperative Extension Service

Appropriation (HB 118)

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

$34,913,889 $34,564,750 $34,564,750 $34,564,750

State General Funds

$34,913,889 $34,564,750 $34,564,750 $34,564,750

TOTAL AGENCY FUNDS

$25,083,929 $25,083,929 $25,083,929 $25,083,929

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

$242,272

$242,272

$242,272

$242,272

Rebates, Refunds, and Reimbursements Not Itemized

$242,272

$242,272

$242,272

$242,272

Sales and Services

$4,295,414

$4,295,414

$4,295,414

$4,295,414

Sales and Services Not Itemized

$4,295,414

$4,295,414

$4,295,414

$4,295,414

TOTAL PUBLIC FUNDS

$59,997,818 $59,648,679 $59,648,679 $59,648,679

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers

$715,890 $715,890 $400,000 $375,988

$715,890 $715,890 $400,000 $375,988

$715,890 $715,890 $400,000 $375,988

$715,890 $715,890 $400,000 $375,988

1724

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$375,988 $24,012 $24,012
$1,115,890

$375,988 $24,012 $24,012
$1,115,890

$375,988 $24,012 $24,012
$1,115,890

$375,988 $24,012 $24,012
$1,115,890

295.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($3,890)

($3,890)

($3,890)

($3,890)

295.2 Reduce funds by eliminating one vacant position.

State General Funds

($65,811)

($65,811)

($65,811)

($65,811)

295.3 Reduce funds from outreach activities and operations.

State General Funds

($5,778)

($5,778)

($5,778)

($5,778)

295.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($6,404)

($6,404)

($6,404)

295.100-Forestry Cooperative Extension

Appropriation (HB 118)

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

$640,411

$634,007

$634,007

$634,007

State General Funds

$640,411

$634,007

$634,007

$634,007

TOTAL AGENCY FUNDS

$400,000

$400,000

$400,000

$400,000

Intergovernmental Transfers

$375,988

$375,988

$375,988

$375,988

Intergovernmental Transfers Not Itemized

$375,988

$375,988

$375,988

$375,988

Sales and Services

$24,012

$24,012

$24,012

$24,012

Sales and Services Not Itemized

$24,012

$24,012

$24,012

$24,012

TOTAL PUBLIC FUNDS

$1,040,411

$1,034,007

$1,034,007

$1,034,007

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

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

MONDAY, MARCH 9, 2009

1725

296.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($18,504)

($18,504)

($18,504)

($18,504)

296.2 Reduce funds by eliminating three vacant positions.

State General Funds

($159,696)

($159,696)

($159,696)

($159,696)

296.3 Reduce funds from operations.

State General Funds

($123,520)

($123,520)

($123,520)

($123,520)

296.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($31,093)

($31,093)

($31,093)

296.100-Forestry Research

Appropriation (HB 118)

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

$3,109,260

$3,078,167

$3,078,167

$3,078,167

State General Funds

$3,109,260

$3,078,167

$3,078,167

$3,078,167

TOTAL AGENCY FUNDS

$3,950,426

$3,950,426

$3,950,426

$3,950,426

Intergovernmental Transfers

$3,400,426

$3,400,426

$3,400,426

$3,400,426

Intergovernmental Transfers Not Itemized

$3,400,426

$3,400,426

$3,400,426

$3,400,426

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

$7,059,686

$7,028,593

$7,028,593

$7,028,593

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

$1,500,000 $1,500,000 $1,500,000

$1,500,000 $1,500,000 $1,500,000

$1,500,000 $1,500,000 $1,500,000

$1,500,000 $1,500,000 $1,500,000

297.100-Georgia Eminent Scholars Endowment Trust Fund

Appropriation (HB 118)

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

$1,500,000

$1,500,000

$1,500,000

$1,500,000

State General Funds

$1,500,000

$1,500,000

$1,500,000

$1,500,000

TOTAL PUBLIC FUNDS

$1,500,000

$1,500,000

$1,500,000

$1,500,000

Georgia Radiation Therapy Center The purpose of this appropriation is to provide patient care and education.

Continuation Budget

1726

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

$0 $0 $3,625,810 $3,625,810 $3,625,810 $3,625,810

298.100-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 118)

$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

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

$8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

$8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

$8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

$8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

299.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($188,258)

($188,258)

($188,258)

($188,258)

299.2 Reduce funds by eliminating two filled positions.

State General Funds

($330,085)

($330,085)

($330,085)

($330,085)

299.3 Reduce funds from operations.

State General Funds

($314,147)

($314,147)

($314,147)

($314,147)

299.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($72,204)

($72,204)

($72,204)

MONDAY, MARCH 9, 2009

1727

299.5 Increase funds for Workplace Safety Technology research for the poultry processing industry. State General Funds

$130,000

$130,000

299.100-Georgia Tech Research Institute

Appropriation (HB 118)

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

$7,220,412

$7,148,208

$7,278,208

$7,278,208

State General Funds

$7,220,412

$7,148,208

$7,278,208

$7,278,208

TOTAL AGENCY FUNDS

$148,917,958 $148,917,958 $148,917,958 $148,917,958

Intergovernmental Transfers

$91,469,736 $91,469,736 $91,469,736 $91,469,736

Intergovernmental Transfers Not Itemized

$91,469,736 $91,469,736 $91,469,736 $91,469,736

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

$14,700,000 $14,700,000 $14,700,000 $14,700,000

Sales and Services Not Itemized

$14,700,000 $14,700,000 $14,700,000 $14,700,000

TOTAL PUBLIC FUNDS

$156,138,370 $156,066,166 $156,196,166 $156,196,166

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

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

300.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($4,094)

($4,094)

($4,094)

($4,094)

300.2 Reduce funds by eliminating four vacant positions.

State General Funds

($26,401)

($26,401)

($26,401)

($26,401)

300.3 Reduce funds from operations.

State General Funds

($5,500)

($5,500)

($5,500)

($5,500)

300.4 Replace funds with an increase to the overnight visit fee by 60%, increase resident housing facility fee for utilities, charge additional fees for the use of vehicle and truck fuel usage reimbursement, and effective September 1, 2008 begin charging residents 100% of their power bill.

1728

JOURNAL OF THE HOUSE

State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS
300.5 Reduce funds to reflect the revised revenue estimate.
State General Funds

($47,667) $47,667
$0

($47,667) $47,667
$0
($14,752)

($47,667) $47,667
$0
($9,109)

300.100-Marine Institute

Appropriation (HB 118)

The purpose of this appropriation is to understand the processes that affect the condition of the salt marsh and coastline.

TOTAL STATE FUNDS

$910,939

$896,187

$901,830

State General Funds

$910,939

$896,187

$901,830

TOTAL AGENCY FUNDS

$482,948

$482,948

$482,948

Intergovernmental Transfers

$367,648

$367,648

$367,648

Intergovernmental Transfers Not Itemized

$367,648

$367,648

$367,648

Rebates, Refunds, and Reimbursements

$115,300

$115,300

$115,300

Rebates, Refunds, and Reimbursements Not Itemized

$115,300

$115,300

$115,300

TOTAL PUBLIC FUNDS

$1,393,887

$1,379,135

$1,384,778

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

$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800 $494,800 $2,973,878

$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800 $494,800 $2,973,878

$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800 $494,800 $2,973,878

($47,667) $47,667
$0
($9,109)
$901,830 $901,830 $482,948 $367,648 $367,648 $115,300 $115,300 $1,384,778
$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800 $494,800 $2,973,878

301.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($6,276)

($6,276)

($6,276)

($6,276)

301.2 Reduce funds by eliminating two filled positions.

State General Funds

($97,701)

($97,701)

($97,701)

($97,701)

301.3 Reduce funds from operations.

State General Funds

($49,166)

($49,166)

($49,166)

($49,166)

MONDAY, MARCH 9, 2009

1729

301.4 Reduce funds to reflect the revised revenue estimate. State General Funds

($9,109)

($14,752)

($14,752)

301.100-Marine Resources Extension Center

Appropriation (HB 118)

The purpose of this appropriation is to transfer technology, provide training, and conduct applied research.

TOTAL STATE FUNDS

$1,475,206

$1,466,097

$1,460,454

State General Funds

$1,475,206

$1,466,097

$1,460,454

TOTAL AGENCY FUNDS

$1,345,529

$1,345,529

$1,345,529

Intergovernmental Transfers

$760,729

$760,729

$760,729

Intergovernmental Transfers Not Itemized

$760,729

$760,729

$760,729

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

$2,820,735

$2,811,626

$2,805,983

$1,460,454 $1,460,454 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800 $494,800 $2,805,983

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

$33,921,721 $33,921,721 $33,921,721

$33,921,721 $33,921,721 $33,921,721

$33,921,721 $33,921,721 $33,921,721

$33,921,721 $33,921,721 $33,921,721

302.100-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 118)

$33,921,721 $33,921,721 $33,921,721

$33,921,721 $33,921,721 $33,921,721

$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

$906,390 $906,390 $906,390

$906,390 $906,390 $906,390

$906,390 $906,390 $906,390

$906,390 $906,390 $906,390

303.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($3,286)

($3,286)

($3,286)

($3,286)

303.2 Reduce funds from operations.

State General Funds

($72,511)

($72,511)

($72,511)

($72,511)

1730

JOURNAL OF THE HOUSE

303.3 Reduce funds to reflect the revised revenue estimate. State General Funds

($8,306)

($8,306)

($8,306)

303.100-Office of Minority Business Enterprise

Appropriation (HB 118)

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

$830,593

$822,287

$822,287

$822,287

State General Funds

$830,593

$822,287

$822,287

$822,287

TOTAL PUBLIC FUNDS

$830,593

$822,287

$822,287

$822,287

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

$16,087,799 $0
$16,087,799 $16,087,799

$16,087,799 $0
$16,087,799 $16,087,799

$16,087,799 $0
$16,087,799 $16,087,799

$16,087,799 $0
$16,087,799 $16,087,799

304.1 Reduce funds from coalition operations.

Tobacco Settlement Funds

($87,000)

304.2 Reduce funds by eliminating the Quality Information Exchange.

Tobacco Settlement Funds

($4,283,333)

304.3 Reduce funds to capture the Quality Information Exchange reserve fund balance.

Tobacco Settlement Funds

($1,262,000)

($87,000) ($4,283,333) ($1,262,000)

($87,000) ($4,283,333) ($1,262,000)

304.100-Payments to the Georgia Cancer Coalition

Appropriation (HB 118)

The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and preventative measures.

TOTAL STATE FUNDS

$10,455,466 $10,455,466 $10,455,466

Tobacco Settlement Funds

$10,455,466 $10,455,466 $10,455,466

TOTAL PUBLIC FUNDS

$10,455,466 $10,455,466 $10,455,466

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

$41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055

$41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055

$41,748,655 $41,748,655
$4,522,400 $4,522,400 $4,522,400 $46,271,055

($87,000)
($4,283,333)
($1,262,000)
$10,455,466 $10,455,466 $10,455,466
$41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055

MONDAY, MARCH 9, 2009

1731

305.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009)

State General Funds

($687,738)

($958,064)

($958,064)

($958,064)

305.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($3,104)

($3,104)

($3,104)

($3,104)

305.3 Reduce funds by eliminating one filled position.

State General Funds

($53,200)

($53,200)

($53,200)

($53,200)

305.4 Reduce funds from operations.

State General Funds

($502,627)

($502,627)

($502,627)

($502,627)

305.5 Reduce funds from the public library state grants. (H and S:Partially restore funds)

State General Funds

($1,884,065) ($1,884,065) ($1,404,458)

($833,622)

305.6 Reduce funds from the Public Library State Grants by eliminating Major Repair and Rehabilitation (MRR) funds.

State General Funds

($900,000)

($900,000)

($900,000)

($900,000)

305.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($377,179)

($377,179)

($377,179)

305.100-Public Libraries

Appropriation (HB 118)

The purpose of this appropriation is to provide library services for Georgians and to award grants from the Public Library Fund.

TOTAL STATE FUNDS

$37,717,921 $37,070,416 $37,550,023

State General Funds

$37,717,921 $37,070,416 $37,550,023

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

$42,240,321 $41,592,816 $42,072,423

$38,120,859 $38,120,859 $4,522,400 $4,522,400 $4,522,400 $42,643,259

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

$52,665,927 $47,665,927 $5,000,000 $52,665,927

$52,665,927 $47,665,927 $5,000,000 $52,665,927

$52,665,927 $47,665,927
$5,000,000 $52,665,927

$52,665,927 $47,665,927
$5,000,000 $52,665,927

306.1 Reduce funds from the salary annualizer. State General Funds

($333,084)

($333,084)

($333,084)

($333,084)

1732

JOURNAL OF THE HOUSE

306.2 Reduce funds from GALILEO.

State General Funds

($339,500)

($339,500)

($339,500)

($339,500)

306.3 Reduce funds from GAMES.

State General Funds

($37,500)

($37,500)

($37,500)

($37,500)

306.4 Reduce funds from the Oxford Study Abroad Program.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

306.5 Reduce funds from Georgia Gwinnett College.

State General Funds

($1,750,000) ($1,750,000) ($1,750,000) ($1,750,000)

306.6 Reduce funds from Griffin Extension Teaching.

State General Funds

($91,200)

($91,200)

($91,200)

($91,200)

306.7 Reduce funds from Historically Black Colleges and Universities (HBCU) operations.

State General Funds

($208,227)

($208,227)

($208,227)

($208,227)

306.8 Reduce funds from the Leadership Institute through the consolidation and elimination of certain functions providing support and services to institutions, schools, faculty, teachers, and students.

State General Funds

($278,708)

($278,708)

($278,708)

($278,708)

306.9 Reduce funds from Liberal Arts Mission.

State General Funds

($123,728)

($123,728)

($123,728)

($123,728)

306.10 Reduce funds from Medical College of Georgia (MCG) Mission Related research activities and the Nurse Anesthetist program.

State General Funds

($805,033)

($805,033)

($805,033)

($805,033)

306.11 Reduce funds from North Georgia Military Leadership Mission operations.

State General Funds

($60,008)

($60,008)

($60,008)

($60,008)

306.12 Reduce funds from P-16 through the consolidation and elimination of certain functions providing support and services to institutions, schools, faculty, teachers, and students.

State General Funds

($96,286)

($96,286)

($96,286)

($96,286)

306.13 Reduce funds from Accountability Plus operations.

State General Funds

($64,008)

($64,008)

($64,008)

($64,008)

306.14 Reduce funds from the Intellectual Capital Partnership Program (ICAPP).

State General Funds

($530,145)

($530,145)

($530,145)

($530,145)

306.15 Reduce funds from Enhancing Access.

State General Funds

($18,236)

($18,236)

($18,236)

($18,236)

306.16 Reduce funds from the Fort Valley land grant match.

State General Funds

($30,932)

($30,932)

($30,932)

($30,932)

MONDAY, MARCH 9, 2009

1733

306.17 Reduce funds from the Kennesaw State University Disadvantaged Youth Program.

State General Funds

($200,000)

306.18 Reduce funds received in HB990 (FY09G) for the Washington Center for Internships.

State General Funds

($45,000)

306.19 Reduce funds from ICAPP to collect data on nursing educators.

State General Funds

($27,430)

306.20 Reduce funds to reflect the revised revenue estimate.

State General Funds

($200,000) ($45,000) ($27,430) ($425,519)

($200,000) ($45,000) ($27,430) ($425,519)

306.100-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 118)

$47,551,902 $42,551,902 $5,000,000 $47,551,902

$47,126,383 $42,126,383 $5,000,000 $47,126,383

$47,126,383 $42,126,383 $5,000,000 $47,126,383

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

$7,981,264 $7,981,264 $7,981,264

$7,981,264 $7,981,264 $7,981,264

$7,981,264 $7,981,264 $7,981,264

($200,000)
($45,000)
($27,430)
($425,519)
$47,126,383 $42,126,383 $5,000,000 $47,126,383
$7,981,264 $7,981,264 $7,981,264

307.1 Defer the FY09 cost of living adjustment.

State General Funds

($74,640)

($74,640)

($74,640)

($74,640)

307.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($19,094)

($19,094)

($19,094)

($19,094)

307.3 Reduce funds from payments to the Southern Regional Education Board by reducing the number of slots for students studying optometry and begin a four-year phase out of slots for students studying osteopathic medicine.

State General Funds

($98,588)

($98,588)

$0

$0

307.4 Reduce funds from personnel.

State General Funds

($337,446)

($337,446)

($337,446)

($337,446)

307.5 Reduce funds from operations.

State General Funds

($337,445)

($337,445)

($337,445)

($337,445)

307.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($71,141)

($146,141)

($146,141)

1734

JOURNAL OF THE HOUSE

307.100-Regents Central Office

Appropriation (HB 118)

The purpose of this appropriation is to provide administrative support to all colleges and universities in the university system.

TOTAL STATE FUNDS

$7,114,051

$7,042,910

$7,066,498

State General Funds

$7,114,051

$7,042,910

$7,066,498

TOTAL PUBLIC FUNDS

$7,114,051

$7,042,910

$7,066,498

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

$32,183,995 $31,433,995
$750,000 $32,183,995

$32,183,995 $31,433,995
$750,000 $32,183,995

$32,183,995 $31,433,995
$750,000 $32,183,995

$7,066,498 $7,066,498 $7,066,498
$32,183,995 $31,433,995
$750,000 $32,183,995

308.1 Reduce funds from Advanced Communications operations.

State General Funds

($1,085,373) ($1,085,373) ($1,085,373) ($1,085,373)

308.2 Reduce funds from Bio-Refinery operations.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

308.3 Reduce funds from Georgia Environmental Partnership operations.

State General Funds

($71,162)

($71,162)

($71,162)

($71,162)

308.4 Reduce funds from Traditional Industries ongoing research projects.

State General Funds

($311,451)

($311,451)

($311,451)

($311,451)

308.5 Reduce funds from the Vaccine Initiative Collaboration grants.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

308.6 Reduce funds from the Technology Partnership grants.

State General Funds

($710,413)

($710,413)

($710,413)

($710,413)

308.7 Reduce funds and utilize existing funds within the Georgia Research Alliance Eminent Scholar Endowment Trust Fund for Eminent Scholars.

State General Funds

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

308.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($267,156)

$0

$0

308.100-Research Consortium

Appropriation (HB 118)

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

TOTAL STATE FUNDS

$27,465,596 $27,198,440 $27,465,596

State General Funds

$26,715,596 $26,448,440 $26,715,596

Tobacco Settlement Funds

$750,000

$750,000

$750,000

TOTAL PUBLIC FUNDS

$27,465,596 $27,198,440 $27,465,596

$27,465,596 $26,715,596
$750,000 $27,465,596

MONDAY, MARCH 9, 2009

1735

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

$1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972

$1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972

$1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972

$1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972

309.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($16,181)

($16,181)

($16,181)

($16,181)

309.2 Reduce funds by eliminating one filled position.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

309.3 Reduce funds by eliminating one vacant position.

State General Funds

($32,530)

($32,530)

($32,530)

($32,530)

309.4 Reduce funds by capping the employer premium for employee health insurance at the employer premium level paid for employee Preferred Provider Organization (PPO) health insurance.

State General Funds

($22,888)

($22,888)

($22,888)

($22,888)

309.5 Reduce funds designated for new and replacement research equipment purchases.

State General Funds

($70,279)

($70,279)

($70,279)

($70,279)

309.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,651)

($15,651)

($15,651)

309.100-Skidaway Institute of Oceanography

Appropriation (HB 118)

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

$1,565,094

$1,549,443

$1,549,443

$1,549,443

State General Funds

$1,565,094

$1,549,443

$1,549,443

$1,549,443

TOTAL AGENCY FUNDS

$4,645,000

$4,645,000

$4,645,000

$4,645,000

Intergovernmental Transfers

$3,500,000

$3,500,000

$3,500,000

$3,500,000

Intergovernmental Transfers Not Itemized

$3,500,000

$3,500,000

$3,500,000

$3,500,000

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

$6,210,094

$6,194,443

$6,194,443

$6,194,443

1736

JOURNAL OF THE HOUSE

Student Education Enrichment Program

Continuation Budget

The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$322,377 $322,377 $322,377

$322,377 $322,377 $322,377

$322,377 $322,377 $322,377

310.1 Eliminate funds. State General Funds

($322,377)

($322,377)

($322,377)

$322,377 $322,377 $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

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

311.1 Reduce funds from Carl Vinson Institute of Government operations. State General Funds 311.2 Reduce funds from Fiscal Research Center operations. State General Funds 311.3 Reduce funds from Georgia Center for Communications operations. State General Funds 311.4 Reduce funds from Health Policy Center operations. State General Funds 311.5 Reduce funds from Institute of Higher Education operations. State General Funds 311.6 Reduce funds from School of Law operations. State General Funds

($584,170) ($50,666) ($17,446) ($23,076) ($223,142) ($46,653)

($584,170) ($50,666) ($17,446) ($23,076) ($223,142) ($46,653)

($584,170) ($50,666) ($17,446) ($23,076) ($223,142) ($46,653)

($584,170) ($50,666) ($17,446) ($23,076) ($223,142) ($46,653)

MONDAY, MARCH 9, 2009

1737

311.7 Reduce funds from Small Business Development Center operations.

State General Funds

($359,111)

($359,111)

($359,111)

($359,111)

311.8 Reduce funds from University Press operations.

State General Funds

($97,870)

($97,870)

($97,870)

($97,870)

311.9 Reduce funds from A.L. Burress Institute operations.

State General Funds

($13,210)

($13,210)

($13,210)

($13,210)

311.10 Reduce funds from Resident Instruction.

State General Funds

($176,775,764) ($176,775,764) ($176,775,764) ($176,775,764)

311.11

Reduce funds from GTREP Tidal Power Study ($20,000), Braille College Text Materials ($300,000), Cyber Crime and Homeland Security Facility at Armstrong Atlantic ($63,900), Collegiate Sports Program for Students with Disabilities ($773,080), Darton College-Cordele Roof Repair ($75,000), Georgia Southern IT Program ($1,218,946), Georgia State University Salary Survey ($28,300), and UGA Griffin Campus-Infrastructure ($800,000). (H:Restore $609,473 for the Georgia Southern IT program)(S:Restore the Georgia Southern IT program)

State General Funds

($3,279,226) ($3,279,226) ($2,669,753) ($2,060,280)

311.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($17,981,411) ($17,981,411) ($17,981,411)

311.100 -Teaching

Appropriation (HB 118)

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

$1,788,837,220 $1,770,855,809 $1,771,465,282 $1,772,074,755

State General Funds

$1,788,837,220 $1,770,855,809 $1,771,465,282 $1,772,074,755

TOTAL AGENCY FUNDS

$2,875,057,996 $2,875,057,996 $2,875,057,996 $2,875,057,996

Intergovernmental Transfers

$1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138

Intergovernmental Transfers Not Itemized

$1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138

Rebates, Refunds, and Reimbursements

$40,013,772 $40,013,772 $40,013,772 $40,013,772

Rebates, Refunds, and Reimbursements Not Itemized

$40,013,772 $40,013,772 $40,013,772 $40,013,772

Sales and Services

$1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086

Sales and Services Not Itemized

$1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086

TOTAL PUBLIC FUNDS

$4,663,895,216 $4,645,913,805 $4,646,523,278 $4,647,132,751

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

$3,504,264 $3,504,264 $3,504,264

$3,504,264 $3,504,264 $3,504,264

$3,504,264 $3,504,264 $3,504,264

$3,504,264 $3,504,264 $3,504,264

1738

JOURNAL OF THE HOUSE

312.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($17,155)

($17,155)

($17,155)

($17,155)

312.2 Reduce funds by eliminating six vacant positions.

State General Funds

($121,557)

($121,557)

($121,557)

($121,557)

312.3 Reduce funds from research projects.

State General Funds

($205,812)

($205,812)

($205,812)

($205,812)

312.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($31,597)

($31,597)

($31,597)

312.100-Veterinary Medicine Experiment Station

Appropriation (HB 118)

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

$3,159,740

$3,128,143

$3,128,143

$3,128,143

State General Funds

$3,159,740

$3,128,143

$3,128,143

$3,128,143

TOTAL PUBLIC FUNDS

$3,159,740

$3,128,143

$3,128,143

$3,128,143

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

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

313.1 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($19,976)

($19,976)

($19,976)

($19,976)

313.2 Reduce funds by eliminating two vacant positions.

State General Funds

($56,834)

($56,834)

($56,834)

($56,834)

313.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,915)

($4,915)

($4,915)

313.100-Veterinary Medicine Teaching Hospital

Appropriation (HB 118)

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.

MONDAY, MARCH 9, 2009

1739

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$491,529 $491,529 $9,621,951 $9,621,951 $9,621,951 $10,113,480

$486,614 $486,614 $9,621,951 $9,621,951 $9,621,951 $10,108,565

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

$3,062,916 $3,062,916 $3,062,916

$3,062,916 $3,062,916 $3,062,916

$486,614 $486,614 $9,621,951 $9,621,951 $9,621,951 $10,108,565
$3,062,916 $3,062,916 $3,062,916

$486,614 $486,614 $9,621,951 $9,621,951 $9,621,951 $10,108,565
$3,062,916 $3,062,916 $3,062,916

314.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 18.534% to 8.579% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 8.579% to 3.668% effective March 1, 2009 through June 30, 2009)

State General Funds

($67,711)

($94,326)

($94,326)

($94,326)

314.2 Reduce funds from the Prep School.

State General Funds

($204,308)

($204,308)

($204,308)

($204,308)

314.3 Reduce funds from the Junior College.

State General Funds

($101,012)

($101,012)

($101,012)

($101,012)

314.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($26,899)

($26,899)

($26,899)

314.100-Payments to Georgia Military College

Appropriation (HB 118)

The purpose of this appropriation is to provide quality basic education funding for grades six through 12.

TOTAL STATE FUNDS

$2,689,885

$2,636,371

$2,636,371

State General Funds

$2,689,885

$2,636,371

$2,636,371

TOTAL PUBLIC FUNDS

$2,689,885

$2,636,371

$2,636,371

$2,636,371 $2,636,371 $2,636,371

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

$18,191,543 $18,191,543 $18,191,543

$18,191,543 $18,191,543 $18,191,543

$18,191,543 $18,191,543 $18,191,543

$18,191,543 $18,191,543 $18,191,543

1740

JOURNAL OF THE HOUSE

315.1 Defer the FY09 cost of living adjustment.

State General Funds

($102,859)

($102,859)

($102,859)

($102,859)

315.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($484,733)

($530,577)

($530,577)

($530,577)

315.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$69,981

$69,981

$69,981

$69,981

315.4 Reduce funds from operations and personnel.

State General Funds

($1,300,538) ($1,300,538) ($1,300,538) ($1,300,538)

315.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($163,734)

($163,734)

($163,734)

315.100-Payments to Public Telecommunications Commission, Georgia

Appropriation (HB 118)

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

$16,373,394 $16,163,816 $16,163,816 $16,163,816

State General Funds

$16,373,394 $16,163,816 $16,163,816 $16,163,816

TOTAL PUBLIC FUNDS

$16,373,394 $16,163,816 $16,163,816 $16,163,816

Section 39: Revenue, 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 PUBLIC FUNDS

Section Total - Continuation

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS

Section Total - Final

$116,416,834 $544,404,917

$116,266,834 $544,254,917

$150,000

$150,000

$397,422

$397,422

$545,878,342 $545,728,342
$150,000 $397,422

$545,878,342 $545,728,342
$150,000 $397,422

MONDAY, MARCH 9, 2009

1741

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS

$397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $139,058,804

$397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $567,046,887

$397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $568,520,312

$397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $568,520,312

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

$11,464,238 $11,464,238 $2,110,135 $2,110,135
$2,110,135 $13,574,373

$11,464,238 $11,464,238 $2,110,135 $2,110,135 $2,110,135 $13,574,373

$11,464,238 $11,464,238
$2,110,135 $2,110,135 $2,110,135 $13,574,373

$11,464,238 $11,464,238 $2,110,135 $2,110,135
$2,110,135 $13,574,373

316.1 Defer the FY09 cost of living adjustment.

State General Funds

($102,182)

($102,182)

($102,182)

($102,182)

316.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($485,473)

($521,230)

($521,230)

($521,230)

316.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,597

$4,597

$4,597

$4,597

316.4 Reduce funds by furloughing regular and temporary employees for eight days.

State General Funds

($195,667)

($195,667)

($195,667)

($195,667)

316.5 Reduce funds by eliminating one vacant position.

State General Funds

($326,100)

($326,100)

($326,100)

($326,100)

316.6 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($150,000)

($150,000)

($150,000)

($150,000)

316.100-Customer Service

Appropriation (HB 118)

The purpose of this appropriation is to assure that all state revenue collection activities proceed in a manner consistent with promoting voluntary compliance

and the Taxpayer Bill of Rights.

TOTAL STATE FUNDS

$10,209,413 $10,173,656 $10,173,656 $10,173,656

State General Funds

$10,209,413 $10,173,656 $10,173,656 $10,173,656

1742

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,110,135 $2,110,135 $2,110,135 $12,319,548

$2,110,135 $2,110,135 $2,110,135 $12,283,791

$2,110,135 $2,110,135 $2,110,135 $12,283,791

$2,110,135 $2,110,135 $2,110,135 $12,283,791

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

317.1 Defer the FY09 cost of living adjustment.

State General Funds

($36,247)

($36,247)

($36,247)

($36,247)

317.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($172,212)

($184,896)

($184,896)

($184,896)

317.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,808

$2,808

$2,808

$2,808

317.4 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($35,000)

($35,000)

($35,000)

($35,000)

317.5 Reduce funds by eliminating one vacant position.

State General Funds

($93,618)

($93,618)

($93,618)

($93,618)

317.6 Reduce funds by furloughing regular and temporary employees for eight days.

State General Funds

($106,447)

($106,447)

($106,447)

($106,447)

317.100-Departmental Administration

Appropriation (HB 118)

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

$3,715,228

$3,702,544

$3,702,544

$3,702,544

State General Funds

$3,715,228

$3,702,544

$3,702,544

$3,702,544

TOTAL AGENCY FUNDS

$375,000

$375,000

$375,000

$375,000

Sales and Services

$375,000

$375,000

$375,000

$375,000

MONDAY, MARCH 9, 2009

1743

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$375,000 $4,090,228

$375,000 $4,077,544

$375,000 $4,077,544

$375,000 $4,077,544

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, 2008 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

$428,290,501 $428,290,501 $428,290,501

318.1 Eliminate funds for the Homeowner's Tax Relief Grant. State General Funds

($428,290,501)

$0

$0

$0

318.100-Homeowner Tax Relief Grants

Appropriation (HB 118)

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

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

319.1 Defer the FY09 cost of living adjustment.

State General Funds

($40,232)

($40,232)

($40,232)

($40,232)

319.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($191,142)

($205,220)

($205,220)

($205,220)

1744

JOURNAL OF THE HOUSE

319.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$11,309

$11,309

$11,309

$11,309

319.4 Reduce funds by furloughing regular salary and temporary employees for eight days.

State General Funds

($111,519)

($111,519)

($111,519)

($111,519)

319.5 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($35,000)

($35,000)

($35,000)

($35,000)

319.6 Reduce funds designated for vehicle purchases.

State General Funds

($64,110)

($64,110)

($64,110)

($64,110)

319.100-Industry Regulation

Appropriation (HB 118)

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

$4,538,540

$4,524,462

$4,524,462

$4,524,462

State General Funds

$4,388,540

$4,374,462

$4,374,462

$4,374,462

Tobacco Settlement Funds

$150,000

$150,000

$150,000

$150,000

TOTAL FEDERAL FUNDS

$187,422

$187,422

$187,422

$187,422

Federal Funds Not Itemized

$187,422

$187,422

$187,422

$187,422

TOTAL PUBLIC FUNDS

$4,725,962

$4,711,884

$4,711,884

$4,711,884

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

322.1 Increase funds for the employer portion of retirement benefits for local tax officials.

State General Funds

$840,867

$840,867

$840,867

$840,867

322.99

SAC: The purpose of this appropriation is to provide state retirement benefits and employers share of FICA to local tax officials and their staffs. House: The purpose of this appropriation is to provide state retirement benefits and employers share of FICA to local tax officials and their staffs. Gov Rev: The purpose of this appropriation is to provide state retirement benefits and employers share of FICA to local tax officials and their staffs. Governor: The purpose of this appropriation is to provide state retirement benefits and employers share of FICA to local tax officials and their staffs.

State General Funds

$0

$0

$0

$0

322.100-Local Tax Officials Retirement and FICA

Appropriation (HB 118)

The purpose of this appropriation is to provide state retirement benefits and employers share of FICA to local tax officials and their staffs.

MONDAY, MARCH 9, 2009

1745

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$5,990,030 $5,990,030 $5,990,030

$5,990,030 $5,990,030 $5,990,030

$5,990,030 $5,990,030 $5,990,030

$5,990,030 $5,990,030 $5,990,030

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

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

324.1 Defer the FY09 cost of living adjustment.

State General Funds

($254,794)

($254,794)

($254,794)

($254,794)

324.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,210,544) ($1,299,705) ($1,299,705) ($1,299,705)

324.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$136,089

$136,089

$136,089

$136,089

324.4 Reduce funds by furloughing regular and temporary employees for eight days.

State General Funds

($679,407)

($679,407)

$0

$0

324.5 Reduce funds designated for temporary labor and associated operating costs due to the elimination of two shifts at the revenue processing center.

State General Funds

($2,400,000) ($2,400,000) ($2,400,000) ($2,400,000)

324.6 Reduce funds by eliminating nine vacant positions.

State General Funds

($84,782)

($84,782)

($84,782)

($84,782)

324.7 Reduce funds designated for internal information technology projects.

State General Funds

($184,509)

($184,509)

($184,509)

($184,509)

324.100-Revenue Processing

Appropriation (HB 118)

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

$37,512,919 $37,423,758 $38,103,165 $38,103,165

State General Funds

$37,512,919 $37,423,758 $38,103,165 $38,103,165

1746

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS
Salvage Inspection The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$426,769 $426,769 $426,769 $37,939,688

$426,769 $426,769 $426,769 $37,850,527

Continuation Budget

$1,704,133 $1,704,133 $1,704,133

$1,704,133 $1,704,133 $1,704,133

$426,769 $426,769 $426,769 $38,529,934
$1,704,133 $1,704,133 $1,704,133

$426,769 $426,769 $426,769 $38,529,934
$1,704,133 $1,704,133 $1,704,133

325.1 Defer the FY09 cost of living adjustment.

State General Funds

($15,501)

($15,501)

($15,501)

($15,501)

325.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($73,647)

($79,071)

($79,071)

($79,071)

325.3 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

325.4 Reduce funds by furloughing regular and temporary employees for eight days.

State General Funds

($39,833)

($39,833)

($39,833)

($39,833)

325.100-Salvage Inspection The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 118)

$1,475,152 $1,475,152 $1,475,152

$1,469,728 $1,469,728 $1,469,728

$1,469,728 $1,469,728 $1,469,728

$1,469,728 $1,469,728 $1,469,728

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

MONDAY, MARCH 9, 2009

1747

326.100-State Board of Equalization

Appropriation (HB 118)

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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Continuation Budget

$23,449,239 $23,449,239 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

$23,449,239 $23,449,239 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

$23,449,239 $23,449,239
$3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

$23,449,239 $23,449,239 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

327.1 Defer the FY09 cost of living adjustment.

State General Funds

($119,194)

($119,194)

($119,194)

($119,194)

327.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($566,302)

($608,012)

($608,012)

($608,012)

327.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$119,100

$119,100

$119,100

$119,100

327.4 Reduce funds by furloughing regular and temporary employees for eight days.

State General Funds

($326,785)

($326,785)

($326,785)

($326,785)

327.5 Reduce funds by eliminating four vacant and four filled positions.

State General Funds

($403,000)

($403,000)

($403,000)

($403,000)

327.6 Reduce funds from operations and supplies.

State General Funds

($135,000)

($135,000)

($135,000)

($135,000)

327.7 Reduce funds designated for non-mandated services to county tag offices such as toner for tag and title printers and systems training.

State General Funds

($393,000)

($393,000)

($393,000)

($393,000)

1748

JOURNAL OF THE HOUSE

327.8 Reduce funds by combining Quality Assurance and Document Receipt and Control functions and eliminating seventeen hourly and fourteen temporary positions.

State General Funds

($785,500)

($785,500)

($785,500)

($785,500)

327.9 Reduce funds by relying on one statutorily required notice to inform vehicle owners who are non-compliant with insurance requirements.

State General Funds

($405,000)

($405,000)

($405,000)

($405,000)

327.100-Tag and Title Registration The purpose of this appropriation is to establish motor vehicle ownership. TOTAL STATE FUNDS
State General Funds TOTAL AGENCY FUNDS
Reserved Fund Balances Reserved Fund Balances Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Appropriation (HB 118)

$20,434,558 $20,434,558 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $24,130,258

$20,392,848 $20,392,848 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $24,088,548

$20,392,848 $20,392,848 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $24,088,548

$20,392,848 $20,392,848 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $24,088,548

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 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

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

328.1 Defer the FY09 cost of living adjustment.

State General Funds

($296,060)

($296,060)

($296,060)

($296,060)

328.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,406,602) ($1,510,206) ($1,510,206) ($1,510,206)

328.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,143

$2,143

$2,143

$2,143

MONDAY, MARCH 9, 2009

1749

328.4 Reduce funds by furloughing regular and temporary employees for eight days.

State General Funds

($729,943)

($729,943)

$0

328.5 Reduce funds by eliminating five vacant and two filled positions. (H and S:Restore funds for the last quarter of the fiscal year)

State General Funds

($452,500)

($452,500)

($339,375)

328.6 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($99,999)

($99,999)

($99,999)

328.7 Reduce funds designated from travel for site visits and auditors that live-in-state and perform out-of-state audits.

State General Funds

($300,000)

($300,000)

($300,000)

328.8 Reduce funds from contracts for internal information technology projects.

State General Funds

($202,668)

($202,668)

($202,668)

328.9 Reduce funds received in HB990 (FY09G) due to the delay of hiring three compliance auditors.

State General Funds

($98,100)

($98,100)

($147,150)

$0 ($339,375) ($99,999) ($300,000) ($202,668) ($147,150)

328.100-Tax Compliance

Appropriation (HB 118)

The purpose of this appropriation is to ensure that all taxpayers pay the correct amount of taxes owed under the law.

TOTAL STATE FUNDS

$32,535,994 $32,432,390 $33,226,408

State General Funds

$32,535,994 $32,432,390 $33,226,408

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

$48,382,938 $48,279,334 $49,073,352

$33,226,408 $33,226,408
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $49,073,352

Section 40: 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

$40,504,390 $40,504,390 $1,939,894
$50,000 $1,889,894 $42,444,284

$40,504,390 $40,504,390 $1,939,894
$50,000 $1,889,894 $42,444,284

$40,504,390 $40,504,390
$1,939,894 $50,000
$1,889,894 $42,444,284

$40,504,390 $40,504,390 $1,939,894
$50,000 $1,889,894 $42,444,284

Section Total - Final

1750

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

$35,013,977 $35,013,977 $1,939,894
$50,000 $1,889,894 $36,953,871

$34,555,288 $34,555,288 $1,939,894
$50,000 $1,889,894 $36,495,182

$33,618,504 $33,618,504 $2,439,894
$50,000 $2,389,894 $36,058,398

$34,666,497 $34,666,497 $1,939,894
$50,000 $1,889,894 $36,606,391

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

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

331.1 Defer the FY09 cost of living adjustment.

State General Funds

($38,824)

($38,824)

($38,824)

($38,824)

331.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($171,379)

($184,002)

($184,002)

($184,002)

331.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$70

$70

$70

$70

331.4 Reduce funds by eliminating nineteen positions to reflect the reorganization.

State General Funds

($522,783)

($522,783)

($522,783)

($522,783)

331.5 Reduce funds from program-wide operating expenses based on streamlined service delivery. (H and S:Restore funds for the Georgia Historical Society)

State General Funds

($284,925)

($284,925)

($211,925)

($211,925)

331.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($25,000)

($200,000)

$0

331.100-Archives and Records

Appropriation (HB 118)

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.

MONDAY, MARCH 9, 2009

1751

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$5,345,574 $5,345,574
$532,671 $532,671 $435,771
$96,900 $5,878,245

$5,307,951 $5,307,951
$532,671 $532,671 $435,771
$96,900 $5,840,622

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

$168,558 $168,558 $168,558

$168,558 $168,558 $168,558

$5,205,951 $5,205,951
$532,671 $532,671 $435,771
$96,900 $5,738,622
$168,558 $168,558 $168,558

$5,405,951 $5,405,951
$532,671 $532,671 $435,771
$96,900 $5,938,622
$168,558 $168,558 $168,558

332.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,596)

($1,596)

($1,596)

($1,596)

332.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($7,043)

($7,043)

($7,043)

($7,043)

332.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3

$3

$3

$3

332.100-Capitol Tours

Appropriation (HB 118)

The purpose of this appropriation is to provide guided informational tours of the State Capitol.

TOTAL STATE FUNDS

$159,922

$159,922

State General Funds

$159,922

$159,922

TOTAL PUBLIC FUNDS

$159,922

$159,922

$159,922 $159,922 $159,922

$159,922 $159,922 $159,922

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

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

1752

JOURNAL OF THE HOUSE

333.1 Defer the FY09 cost of living adjustment.

State General Funds

($19,261)

($19,261)

($19,261)

($19,261)

333.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($84,801)

($97,047)

($97,047)

($97,047)

333.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$50

$50

$50

$50

333.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($35,000)

($130,000)

($35,000)

333.100 -Corporations

Appropriation (HB 118)

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

$1,235,511

$1,188,265

$1,093,265

$1,188,265

State General Funds

$1,235,511

$1,188,265

$1,093,265

$1,188,265

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

$1,975,023

$1,927,777

$1,832,777

$1,927,777

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

$6,029,562 $6,029,562
$340,133 $340,133 $340,133 $6,369,695

$6,029,562 $6,029,562
$340,133 $340,133 $340,133 $6,369,695

$6,029,562 $6,029,562
$340,133 $340,133 $340,133 $6,369,695

$6,029,562 $6,029,562
$340,133 $340,133 $340,133 $6,369,695

334.1 Defer the FY09 cost of living adjustment.

State General Funds

($20,845)

($20,845)

($20,845)

($20,845)

334.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

MONDAY, MARCH 9, 2009

1753

State General Funds

($92,017)

($98,794)

($98,794)

($98,794)

334.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$671

$671

$671

$671

334.4 Reduce funds by realizing savings from the consolidation of mail routes, utilization of existing supply of voter registration applications, and publication of the Official Directory of Elected Officials online.

State General Funds

($48,600)

($48,600)

($48,600)

($48,600)

334.5 Reduce funds due to the revised revenue estimate.

State General Funds

($25,000)

$0

($25,000)

334.6 Reduce funds from contracts.

State General Funds

($300,000)

$0

334.100 -Elections

Appropriation (HB 118)

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

$5,868,771

$5,836,994

$5,561,994

$5,836,994

State General Funds

$5,868,771

$5,836,994

$5,561,994

$5,836,994

TOTAL AGENCY FUNDS

$340,133

$340,133

$340,133

$340,133

Sales and Services

$340,133

$340,133

$340,133

$340,133

Sales and Services Not Itemized

$340,133

$340,133

$340,133

$340,133

TOTAL PUBLIC FUNDS

$6,208,904

$6,177,127

$5,902,127

$6,177,127

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

$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

335.1 Defer the FY09 cost of living adjustment.

State General Funds

($88,686)

($88,686)

($88,686)

($88,686)

335.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($391,482)

($414,835)

($414,835)

($414,835)

1754

JOURNAL OF THE HOUSE

335.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$128

$128

$128

$128

335.4 Reduce funds from personnel.

State General Funds

($301,156)

($301,156)

($301,156)

($301,156)

335.5 Reduce funds from temporary positions and eliminate three vacant full-time positions.

State General Funds

($673,741)

($673,741)

($673,741)

($673,741)

335.6 Reduce funds for the Martin Luther King, Jr. holiday celebration based on prior year expenditures.

State General Funds

($5,000)

($5,000)

($5,000)

($5,000)

335.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($186,570)

($186,570)

($186,570)

335.100-Office Administration

Appropriation (HB 118)

The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

TOTAL STATE FUNDS

$6,992,090

$6,782,167

$6,782,167

State General Funds

$6,992,090

$6,782,167

$6,782,167

TOTAL AGENCY FUNDS

$127,578

$127,578

$127,578

Sales and Services

$127,578

$127,578

$127,578

Sales and Services Not Itemized

$127,578

$127,578

$127,578

TOTAL PUBLIC FUNDS

$7,119,668

$6,909,745

$6,909,745

$6,782,167 $6,782,167
$127,578 $127,578 $127,578 $6,909,745

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

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

336.1 Defer the FY09 cost of living adjustment.

State General Funds

($74,484)

($74,484)

($74,484)

($74,484)

336.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($329,022)

($353,256)

($353,256)

($353,256)

MONDAY, MARCH 9, 2009

1755

336.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$129

$129

$129

$129

336.4 Reduce funds by eliminating eighteen filled positions and six vacant positions.

State General Funds

($750,913)

($750,913)

($750,913)

($750,913)

336.5 Reduce funds related to fees for exam proctors and for direct exam expenses.

State General Funds

($82,000)

($82,000)

($82,000)

($82,000)

336.100-Professional Licensing Boards

Appropriation (HB 118)

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

$7,519,442

$7,495,208

$7,495,208

$7,495,208

State General Funds

$7,519,442

$7,495,208

$7,495,208

$7,495,208

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

$7,669,442

$7,645,208

$7,645,208

$7,645,208

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

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

337.1 Defer the FY09 cost of living adjustment.

State General Funds

($22,507)

($22,507)

($22,507)

($22,507)

337.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($99,351)

($106,669)

($106,669)

($106,669)

337.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$17

$17

$17

$17

337.4 Reduce funds by not filling three vacant positions.

State General Funds

($205,463)

($205,463)

($205,463)

($205,463)

1756

JOURNAL OF THE HOUSE

337.5 Reduce funds to reflect the revised revenue estimate. State General Funds

($15,000)

($15,000)

($15,000)

337.100 -Securities

Appropriation (HB 118)

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

$1,535,679

$1,513,361

$1,513,361

$1,513,361

State General Funds

$1,535,679

$1,513,361

$1,513,361

$1,513,361

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

$1,585,679

$1,563,361

$1,563,361

$1,563,361

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

$364,819 $364,819 $364,819

$364,819 $364,819 $364,819

$364,819 $364,819 $364,819

$364,819 $364,819 $364,819

338.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,173)

($3,173)

($3,173)

($3,173)

338.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($16,715)

($17,946)

($17,946)

($17,946)

338.3 Reduce funds from part-time exhibit coordinators.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

338.4 Reduce funds from consulting fees for teacher training provided state-wide.

State General Funds

($6,815)

($6,815)

($6,815)

($6,815)

338.5 Reduce funds from operations.

State General Funds

($7,500)

($7,500)

($7,500)

($7,500)

338.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($13,209)

$0

$0

MONDAY, MARCH 9, 2009

1757

338.100-Commission on the Holocaust, Georgia

Appropriation (HB 118)

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

$310,616

$296,176

$309,385

$309,385

State General Funds

$310,616

$296,176

$309,385

$309,385

TOTAL PUBLIC FUNDS

$310,616

$296,176

$309,385

$309,385

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

$1,713,440 $1,713,440 $1,713,440

$1,713,440 $1,713,440 $1,713,440

$1,713,440 $1,713,440 $1,713,440

$1,713,440 $1,713,440 $1,713,440

339.1 Defer the FY09 cost of living adjustment.

State General Funds

($54,627)

($54,627)

($54,627)

($54,627)

339.2 Reduce funds received in HB990 (FY09G) for special pay raise received for compliance investigators.

State General Funds

($175,000)

($175,000)

($175,000)

($175,000)

339.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($81,659)

($87,674)

($87,674)

($87,674)

339.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,435

$3,435

$3,435

$3,435

339.5 Reduce funds from personnel and defer filling two vacant Narcotics Agent positions.

State General Funds

($84,684)

($84,684)

($84,684)

($84,684)

339.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,145)

($13,209)

($15,145)

339.100-Drugs and Narcotics Agency, Georgia

Appropriation (HB 118)

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

$1,320,905

$1,299,745

$1,301,681

$1,299,745

State General Funds

$1,320,905

$1,299,745

$1,301,681

$1,299,745

TOTAL PUBLIC FUNDS

$1,320,905

$1,299,745

$1,301,681

$1,299,745

1758

JOURNAL OF THE HOUSE

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

$3,671,540 $3,671,540 $3,671,540

$3,671,540 $3,671,540 $3,671,540

$3,671,540 $3,671,540 $3,671,540

$3,671,540 $3,671,540 $3,671,540

340.1 Defer the FY09 cost of living adjustment.

State General Funds

($29,238)

($29,238)

($29,238)

($29,238)

340.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($94)

($94)

($94)

($94)

340.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($118,936)

($127,696)

($127,696)

($127,696)

340.4 Reduce funds by eliminating one vacant investigator position and one vacant investigative support position, and by filling two investigator positions for only six months.

State General Funds

($120,000)

($120,000)

($120,000)

($120,000)

340.5 Eliminate funds received in HB990 (FY09G) for State Licensing Board of Home Inspectors per HB1217 (2008 Session) that was vetoed.

State General Funds

($130,000)

($130,000)

($130,000)

($130,000)

340.6 Reduce funds designated for vehicle expenses.

State General Funds

($18,000)

($18,000)

($18,000)

($18,000)

340.7 Reduce funds from operations.

State General Funds

($16,259)

($16,259)

($16,259)

($16,259)

340.8 Reduce funds by eliminating the use of printed transcripts for Commission meetings and increasing the frequency of teleconference meetings.

State General Funds

($16,000)

($16,000)

($16,000)

($16,000)

340.9 Reduce funds by decreasing the frequency of administrative hearings by one administrative hearing per month for six months.

State General Funds

($12,000)

($12,000)

($12,000)

($12,000)

340.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,106)

$0

($3,106)

340.11 Replace funds.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($500,000)

$0

$500,000

$0

$0

$0

MONDAY, MARCH 9, 2009

1759

340.100-Real Estate Commission

Appropriation (HB 118)

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

$3,211,013

$3,199,147

$2,702,253

$3,199,147

State General Funds

$3,211,013

$3,199,147

$2,702,253

$3,199,147

TOTAL AGENCY FUNDS

$500,000

Sales and Services

$500,000

Sales and Services Not Itemized

$500,000

TOTAL PUBLIC FUNDS

$3,211,013

$3,199,147

$3,202,253

$3,199,147

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

$1,782,791 $1,782,791 $1,782,791

$1,782,791 $1,782,791 $1,782,791

$1,782,791 $1,782,791 $1,782,791

$1,782,791 $1,782,791 $1,782,791

341.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,719)

($17,719)

($17,719)

($17,719)

341.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($81,350)

($87,342)

($87,342)

($87,342)

341.3 Reduce funds through a combination of furloughs, attrition, and reductions in force agency-wide.

State General Funds

($76,788)

($76,788)

($76,788)

($76,788)

341.4 Reduce funds from information technology related expenses.

State General Funds

($42,000)

($42,000)

($42,000)

($42,000)

341.5 Reduce funds from operations.

State General Funds

($41,980)

($41,980)

($41,980)

($41,980)

341.6 Eliminate funds for contracts related to court reporting services, hearing transcripts, and other services.

State General Funds

($8,500)

($8,500)

($8,500)

($8,500)

341.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($32,110)

($15,145)

($32,110)

1760

JOURNAL OF THE HOUSE

341.100-State Ethics Commission

Appropriation (HB 118)

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

$1,514,454

$1,476,352

$1,493,317

$1,476,352

State General Funds

$1,514,454

$1,476,352

$1,493,317

$1,476,352

TOTAL PUBLIC FUNDS

$1,514,454

$1,476,352

$1,493,317

$1,476,352

Section 41: 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

$3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931

$3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931

$3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931

$3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931

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

$2,985,883

$2,946,901

$2,985,883

$2,946,901

$1,717,500

$1,717,500

$1,717,500

$1,717,500

$2,401,971

$2,401,971

$2,401,971

$2,401,971

$1,449,621

$1,449,621

$230,000

$230,000

$1,219,621

$1,219,621

$8,554,975

$8,515,993

$2,946,901 $2,946,901 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $8,515,993

$2,946,901 $2,946,901 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $8,515,993

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

$744,561 $744,561 $744,561

$744,561 $744,561 $744,561

$744,561 $744,561 $744,561

$744,561 $744,561 $744,561

MONDAY, MARCH 9, 2009

1761

342.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,499)

($3,499)

($3,499)

($3,499)

342.2 Defer special adjustments to selected job classes.

State General Funds

($7,269)

($7,269)

($7,269)

($7,269)

342.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($33,959)

($36,483)

($36,483)

($36,483)

342.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,187

$2,187

$2,187

$2,187

342.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($29,859)

($29,859)

($29,859)

342.100-Commission Administration

Appropriation (HB 118)

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS

$702,021

$669,638

$669,638

State General Funds

$702,021

$669,638

$669,638

TOTAL PUBLIC FUNDS

$702,021

$669,638

$669,638

$669,638 $669,638 $669,638

Conservation of Agricultural Water Supplies

Continuation Budget

The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271

$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271

$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271

$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271

343.1 Defer the FY09 cost of living adjustment. State General Funds 343.2 Defer special adjustments to selected job classes. State General Funds

($1,954) ($4,060)

($1,954) ($4,060)

($1,954) ($4,060)

($1,954) ($4,060)

1762

JOURNAL OF THE HOUSE

343.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($14,504)

($15,582)

($15,582)

($15,582)

343.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$968

$968

$968

$968

343.5 Transfer funds from the Water Resources and Land Use Planning program for repairs to and maintenance of the Dawson field office.

State General Funds

$100,000

$100,000

$100,000

$100,000

343.100-Conservation of Agricultural Water Supplies

Appropriation (HB 118)

The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS

$402,750

$401,672

$401,672

State General Funds

$402,750

$401,672

$401,672

TOTAL FEDERAL FUNDS

$1,465,000

$1,465,000

$1,465,000

Federal Funds Not Itemized

$1,465,000

$1,465,000

$1,465,000

TOTAL AGENCY FUNDS

$2,351,971

$2,351,971

$2,351,971

Intergovernmental Transfers

$2,351,971

$2,351,971

$2,351,971

Intergovernmental Transfers Not Itemized

$2,351,971

$2,351,971

$2,351,971

TOTAL PUBLIC FUNDS

$4,219,721

$4,218,643

$4,218,643

$401,672 $401,672 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,218,643

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

$1,656,609 $1,656,609
$252,500 $252,500
$50,000 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

$1,656,609 $1,656,609
$252,500 $252,500
$50,000 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

$1,656,609 $1,656,609
$252,500 $252,500
$50,000 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

$1,656,609 $1,656,609
$252,500 $252,500 $50,000
$50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

MONDAY, MARCH 9, 2009

1763

344.1 Defer the FY09 cost of living adjustment.

State General Funds

($14,216)

($14,216)

($14,216)

($14,216)

344.2 Defer special adjustments to selected job classes.

State General Funds

($29,533)

($29,533)

($29,533)

($29,533)

344.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($72,991)

($78,424)

($78,424)

($78,424)

344.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,123

$2,123

$2,123

$2,123

344.5 Reduce funds and replace with existing federal funds.

State General Funds

($46,000)

($46,000)

($46,000)

($46,000)

344.100-Conservation of Soil and Water Resources

Appropriation (HB 118)

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

$1,495,992

$1,490,559

$1,490,559

$1,490,559

State General Funds

$1,495,992

$1,490,559

$1,490,559

$1,490,559

TOTAL FEDERAL FUNDS

$252,500

$252,500

$252,500

$252,500

Federal Funds Not Itemized

$252,500

$252,500

$252,500

$252,500

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

$50,000

Intergovernmental Transfers

$50,000

$50,000

$50,000

$50,000

Intergovernmental Transfers Not Itemized

$50,000

$50,000

$50,000

$50,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,449,621

$1,449,621

$1,449,621

$1,449,621

State Funds Transfers

$230,000

$230,000

$230,000

$230,000

Agency to Agency Contracts

$230,000

$230,000

$230,000

$230,000

Federal Funds Transfers

$1,219,621

$1,219,621

$1,219,621

$1,219,621

FF Water Quality Management Planning CFDA66.454

$1,219,621

$1,219,621

$1,219,621

$1,219,621

TOTAL PUBLIC FUNDS

$3,248,113

$3,242,680

$3,242,680

$3,242,680

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

$98,810 $98,810 $98,810

$98,810 $98,810 $98,810

$98,810 $98,810 $98,810

$98,810 $98,810 $98,810

1764

JOURNAL OF THE HOUSE

345.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($1,087)

($1,092)

($1,092)

($1,092)

345.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$37

$37

$37

$37

345.100-U.S.D.A. Flood Control Watershed Structures

Appropriation (HB 118)

The purpose of this appropriation is to provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

TOTAL STATE FUNDS

$97,760

$97,755

$97,755

State General Funds

$97,760

$97,755

$97,755

TOTAL PUBLIC FUNDS

$97,760

$97,755

$97,755

$97,755 $97,755 $97,755

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

$750,559 $750,559 $750,559

$750,559 $750,559 $750,559

$750,559 $750,559 $750,559

$750,559 $750,559 $750,559

346.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($217)

($300)

($300)

($300)

346.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$18

$18

$18

$18

346.3 Reduce funds from contracts.

State General Funds

($343,000)

($343,000)

($343,000)

($343,000)

346.4 Reduce funds from personnel.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

346.5 Transfer funds to the Conservation of Soil and Water Resources program for repairs to and maintenance of the Dawson field office.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

346.100-Water Resources and Land Use Planning

Appropriation (HB 118)

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

$287,360

$287,277

$287,277

$287,277

State General Funds

$287,360

$287,277

$287,277

$287,277

TOTAL PUBLIC FUNDS

$287,360

$287,277

$287,277

$287,277

MONDAY, MARCH 9, 2009

1765

Section 42: 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

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770

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

$11,022,499 $11,022,499

$11,022,499 $11,022,499

$12,395,691 $12,395,691

$1,373,192 $1,186,583
$10,346 $176,263 $11,022,499 $11,022,499 $12,395,691

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 $1,293,708 $1,293,708 $1,293,708 $1,293,708

$0 $1,293,708 $1,293,708 $1,293,708 $1,293,708

$0 $1,293,708 $1,293,708 $1,293,708 $1,293,708

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770
$1,373,192 $1,186,583
$10,346 $176,263 $11,022,499 $11,022,499 $12,395,691
$0 $1,293,708 $1,293,708 $1,293,708 $1,293,708

347.1 Defer the FY09 cost of living adjustment. Merit System Assessments

($12,939)

($12,939)

($12,939)

347.100-Recruitment and Staffing Services

Appropriation (HB 118)

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

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,280,769

$1,280,769

$1,280,769

State Funds Transfers

$1,280,769

$1,280,769

$1,280,769

Merit System Assessments

$1,280,769

$1,280,769

$1,280,769

TOTAL PUBLIC FUNDS

$1,280,769

$1,280,769

$1,280,769

System Administration

Continuation Budget

The purpose of this appropriation is to provide administrative and technical support to the agency.

($12,939)
$1,280,769 $1,280,769 $1,280,769 $1,280,769

1766

JOURNAL OF THE HOUSE

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 $4,291,639 $4,291,639 $4,291,639 $4,393,910

$0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910

$0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910

$0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910

348.1 Defer the FY09 cost of living adjustment.

Merit System Assessments

($116,184)

($116,184)

348.2 Reduce funds from the Enterprise Learning program and submit payment to the State Treasury.

Merit System Assessments

($1,398,877) ($1,398,877)

($116,184) ($1,398,877)

348.100-System Administration

Appropriation (HB 118)

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

$2,776,578

$2,776,578

$2,776,578

State Funds Transfers

$2,776,578

$2,776,578

$2,776,578

Merit System Assessments

$2,776,578

$2,776,578

$2,776,578

TOTAL PUBLIC FUNDS

$2,878,849

$2,878,849

$2,878,849

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 Merit System Assessments Merit System Training and Compensation Fees
TOTAL PUBLIC FUNDS

$0 $1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668

$0 $1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668

$0 $1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668

($116,184)
($1,398,877)
$102,271 $102,271 $102,271 $2,776,578 $2,776,578 $2,776,578 $2,878,849
$0 $1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668

MONDAY, MARCH 9, 2009

1767

349.1 Defer the FY09 cost of living adjustment. Merit System Assessments

($27,278)

($27,278)

($27,278)

($27,278)

349.100-Total Compensation and Rewards

Appropriation (HB 118)

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

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,089,469

$3,089,469

$3,089,469

State Funds Transfers

$3,089,469

$3,089,469

$3,089,469

Merit System Assessments

$3,061,630

$3,061,630

$3,061,630

Merit System Training and Compensation Fees

$27,839

$27,839

$27,839

TOTAL PUBLIC FUNDS

$4,360,390

$4,360,390

$4,360,390

$1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263 $176,263 $3,089,469 $3,089,469 $3,061,630 $27,839 $4,360,390

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 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

$0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

$0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

$0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

350.1 Defer the FY09 cost of living adjustment. Merit System Assessments

($37,801)

($37,801)

($37,801)

($37,801)

350.100-Workforce Development and Alignment

Appropriation (HB 118)

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

$3,875,683

$3,875,683

$3,875,683

$3,875,683

State Funds Transfers

$3,875,683

$3,875,683

$3,875,683

$3,875,683

Merit System Assessments

$3,570,092

$3,570,092

$3,570,092

$3,570,092

1768

JOURNAL OF THE HOUSE

Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS

$305,591 $3,875,683

$305,591 $3,875,683

$305,591 $3,875,683

$305,591 $3,875,683

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 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

$576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493
$589,784,634

$576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634

$576,791,488 $31,553,893 $545,237,595
$520,653 $520,653 $12,472,493 $12,472,493 $589,784,634

$576,791,488 $31,553,893 $545,237,595
$520,653 $520,653 $12,472,493 $12,472,493 $589,784,634

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

$572,008,283 $571,998,665

$28,839,706 $28,830,088

$543,168,577 $543,168,577

$520,653

$520,653

$520,653

$520,653

$12,472,493 $12,472,493

$12,472,493 $12,472,493

$585,001,429 $584,991,811

$575,875,072 $28,857,755 $547,017,317
$520,653 $520,653 $12,472,493 $12,472,493 $588,868,218

$575,370,734 $28,857,755 $546,512,979
$520,653 $520,653 $12,472,493 $12,472,493 $588,363,880

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

$4,200,000 $4,200,000 $4,200,000

$4,200,000 $4,200,000 $4,200,000

$4,200,000 $4,200,000 $4,200,000

$4,200,000 $4,200,000 $4,200,000

351.1 Increase funds to meet projected need. Lottery Proceeds

$300,000

$300,000

$300,000

$300,000

MONDAY, MARCH 9, 2009

1769

351.100 -Accel

Appropriation (HB 118)

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

$4,500,000

$4,500,000

$4,500,000

$4,500,000

Lottery Proceeds

$4,500,000

$4,500,000

$4,500,000

$4,500,000

TOTAL PUBLIC FUNDS

$4,500,000

$4,500,000

$4,500,000

$4,500,000

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

$710,000 $0
$710,000 $710,000

$710,000 $0
$710,000 $710,000

$710,000 $0
$710,000 $710,000

$710,000 $0
$710,000 $710,000

352.100-Engineer Scholarship

Appropriation (HB 118)

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

$710,000

$710,000

$710,000

$710,000

Lottery Proceeds

$710,000

$710,000

$710,000

$710,000

TOTAL PUBLIC FUNDS

$710,000

$710,000

$710,000

$710,000

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 118)

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.

1770

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

354.1 Reduce funds to meet projected need. State General Funds

($700,000)

($700,000)

($700,000)

($700,000)

354.100-Governor's Scholarship Program

Appropriation (HB 118)

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

$929,200

$929,200

$929,200

$929,200

State General Funds

$929,200

$929,200

$929,200

$929,200

TOTAL AGENCY FUNDS

$400,000

$400,000

$400,000

$400,000

Intergovernmental Transfers

$400,000

$400,000

$400,000

$400,000

Intergovernmental Transfers Not Itemized

$400,000

$400,000

$400,000

$400,000

TOTAL PUBLIC FUNDS

$1,329,200

$1,329,200

$1,329,200

$1,329,200

Guaranteed Educational Loans

Continuation Budget

The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as nursing, physical

therapy and pharmacy.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,599,883 $3,599,883 $3,599,883

$3,599,883 $3,599,883 $3,599,883

$3,599,883 $3,599,883 $3,599,883

$3,599,883 $3,599,883 $3,599,883

355.1 Reduce funds to meet projected need. State General Funds

($415,000)

($415,000)

($415,000)

($415,000)

355.100-Guaranteed Educational Loans

Appropriation (HB 118)

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

$3,184,883

$3,184,883

$3,184,883

$3,184,883

State General Funds

$3,184,883

$3,184,883

$3,184,883

$3,184,883

TOTAL PUBLIC FUNDS

$3,184,883

$3,184,883

$3,184,883

$3,184,883

MONDAY, MARCH 9, 2009

1771

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

356.1 Reduce funds to meet projected need.

State General Funds

($120,000)

($120,000)

($120,000)

($120,000)

356.99

SAC: 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 spouses and children of such members. House: 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 spouses and children of such members. Gov Rev: 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 spouses and children of such members. Governor: 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 spouses and children of such members.

State General Funds

$0

$0

$0

$0

356.100-HERO Scholarship

Appropriation (HB 118)

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 spouses and children of such members.

TOTAL STATE FUNDS

$80,000

$80,000

$80,000

$80,000

State General Funds

$80,000

$80,000

$80,000

$80,000

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

$798,000

$798,000

$798,000

$798,000

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

$5,488,608 $0
$5,488,608

$5,488,608 $0
$5,488,608

$5,488,608 $0
$5,488,608

$5,488,608 $0
$5,488,608

1772

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$500,000 $500,000 $500,000 $5,988,608

$500,000 $500,000 $500,000 $5,988,608

$500,000 $500,000 $500,000 $5,988,608

$500,000 $500,000 $500,000 $5,988,608

357.1 Defer the FY09 cost of living adjustment.

Lottery Proceeds

($43,094)

($43,094)

($43,094)

($43,094)

357.2 Defer performance based salary adjustments.

Lottery Proceeds

($17,238)

($17,238)

($17,238)

($17,238)

357.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

Lottery Proceeds

($171,045)

($171,045)

($171,045)

($130,012)

357.100-HOPE Administration

Appropriation (HB 118)

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

$5,257,231

$5,257,231

$5,257,231

$5,298,264

Lottery Proceeds

$5,257,231

$5,257,231

$5,257,231

$5,298,264

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

$5,757,231

$5,757,231

$5,757,231

$5,798,264

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 State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS

$2,461,614 $0
$2,461,614 $2,461,614

$2,461,614 $0
$2,461,614 $2,461,614

$2,461,614 $0
$2,461,614 $2,461,614

$2,461,614 $0
$2,461,614 $2,461,614

358.1 Reduce funds to meet projected need.

Lottery Proceeds

($104,960)

($104,960)

($104,960)

($104,960)

358.99

SAC: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. House: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia.

MONDAY, MARCH 9, 2009

1773

Gov Rev: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. Governor: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia.

State General Funds

$0

$0

$0

$0

358.100-HOPE GED

Appropriation (HB 118)

The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the

Technical College System of Georgia.

TOTAL STATE FUNDS

$2,356,654

$2,356,654

$2,356,654

$2,356,654

Lottery Proceeds

$2,356,654

$2,356,654

$2,356,654

$2,356,654

TOTAL PUBLIC FUNDS

$2,356,654

$2,356,654

$2,356,654

$2,356,654

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

$113,251,243 $113,251,243 $113,251,243

$113,251,243 $113,251,243 $113,251,243

$113,251,243 $113,251,243 $113,251,243

$113,251,243 $113,251,243 $113,251,243

359.1 Increase funds to meet projected need. Lottery Proceeds

$10,564,799 $10,564,799 $10,564,799 $10,564,799

359.100-HOPE Grant

Appropriation (HB 118)

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

$123,816,042 $123,816,042 $123,816,042 $123,816,042

Lottery Proceeds

$123,816,042 $123,816,042 $123,816,042 $123,816,042

TOTAL PUBLIC FUNDS

$123,816,042 $123,816,042 $123,816,042 $123,816,042

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

$52,177,437 $52,177,437 $52,177,437

$52,177,437 $52,177,437 $52,177,437

$52,177,437 $52,177,437 $52,177,437

$52,177,437 $52,177,437 $52,177,437

360.1 Reduce funds to meet projected need. Lottery Proceeds

($9,854,343) ($9,854,343) ($9,854,343) ($9,854,343)

1774

JOURNAL OF THE HOUSE

360.100-HOPE Scholarships - Private Schools

Appropriation (HB 118)

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

$42,323,094 $42,323,094 $42,323,094 $42,323,094

Lottery Proceeds

$42,323,094 $42,323,094 $42,323,094 $42,323,094

TOTAL PUBLIC FUNDS

$42,323,094 $42,323,094 $42,323,094 $42,323,094

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

$354,276,159 $354,276,159 $354,276,159

$354,276,159 $354,276,159 $354,276,159

$354,276,159 $354,276,159 $354,276,159

$354,276,159 $354,276,159 $354,276,159

361.1 Reduce funds to meet projected need. (H and S:Transfer funds from the Pre-Kindergarten program)

Lottery Proceeds

($2,743,137) ($2,743,137)

$1,105,603

$560,232

361.100-HOPE Scholarships - Public Schools

Appropriation (HB 118)

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

$351,533,022 $351,533,022 $355,381,762 $354,836,391

Lottery Proceeds

$351,533,022 $351,533,022 $355,381,762 $354,836,391

TOTAL PUBLIC FUNDS

$351,533,022 $351,533,022 $355,381,762 $354,836,391

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 118)

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

MONDAY, MARCH 9, 2009

1775

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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

363.100-Leveraging Educational Assistance Partnership Program

Appropriation (HB 118)

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

$766,757

$766,757

$766,757

$766,757

State General Funds

$766,757

$766,757

$766,757

$766,757

TOTAL FEDERAL FUNDS

$520,653

$520,653

$520,653

$520,653

Federal Funds Not Itemized

$520,653

$520,653

$520,653

$520,653

TOTAL AGENCY FUNDS

$200,000

$200,000

$200,000

$200,000

Intergovernmental Transfers

$200,000

$200,000

$200,000

$200,000

Intergovernmental Transfers Not Itemized

$200,000

$200,000

$200,000

$200,000

TOTAL PUBLIC FUNDS

$1,487,410

$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

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

364.1 Increase funds to meet projected need. State General Funds

$453,812

$453,812

$453,812

$453,812

364.100-North Georgia Military Scholarship Grants

Appropriation (HB 118)

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.

1776

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,137,763 $1,137,763 $1,137,763

$1,137,763 $1,137,763 $1,137,763

$1,137,763 $1,137,763 $1,137,763

$1,137,763 $1,137,763 $1,137,763

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

$507,479 $507,479 $507,479

$507,479 $507,479 $507,479

$507,479 $507,479 $507,479

$507,479 $507,479 $507,479

365.1 Increase funds to meet projected need. State General Funds

$27,667

$27,667

365.100-North Georgia ROTC Grants

Appropriation (HB 118)

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

$507,479

$507,479

$535,146

$535,146

State General Funds

$507,479

$507,479

$535,146

$535,146

TOTAL PUBLIC FUNDS

$507,479

$507,479

$535,146

$535,146

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 118)

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

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.

MONDAY, MARCH 9, 2009

1777

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 118)

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 118)

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

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

369.1 Reduce funds to meet projected need. State General Funds

($1,864,721) ($1,864,721) ($1,864,721) ($1,864,721)

1778

JOURNAL OF THE HOUSE

369.100-Tuition Equalization Grants

Appropriation (HB 118)

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

$21,447,081 $21,447,081 $21,447,081 $21,447,081

State General Funds

$21,447,081 $21,447,081 $21,447,081 $21,447,081

TOTAL AGENCY FUNDS

$10,654,493 $10,654,493 $10,654,493 $10,654,493

Intergovernmental Transfers

$10,654,493 $10,654,493 $10,654,493 $10,654,493

Intergovernmental Transfers Not Itemized

$10,654,493 $10,654,493 $10,654,493 $10,654,493

TOTAL PUBLIC FUNDS

$32,101,574 $32,101,574 $32,101,574 $32,101,574

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

$803,910 $803,910 $803,910

$803,910 $803,910 $803,910

$803,910 $803,910 $803,910

$803,910 $803,910 $803,910

370.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,538)

($8,538)

($8,538)

($8,538)

370.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($41,238)

($43,500)

($43,500)

($43,500)

370.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,498

$1,498

$1,498

$1,498

370.4 Reduce funds from operations.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

370.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($7,356)

($7,356)

($7,356)

370.100-Nonpublic Postsecondary Education Commission

Appropriation (HB 118)

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

$735,632

$726,014

$726,014

$726,014

State General Funds

$735,632

$726,014

$726,014

$726,014

TOTAL PUBLIC FUNDS

$735,632

$726,014

$726,014

$726,014

MONDAY, MARCH 9, 2009

1779

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

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796 $26,236,796 $28,208,277

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796 $26,236,796 $28,208,277

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796 $26,236,796 $28,208,277

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796 $26,236,796 $28,208,277

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

$1,523,000

$1,523,000

$1,523,000

$1,523,000

$448,481

$448,481

$448,481

$448,481

$26,236,796 $26,236,796

$26,236,796 $26,236,796

$28,208,277 $28,208,277

$1,368,000 $1,368,000
$448,481 $448,481 $26,236,796 $26,236,796 $28,053,277

$1,368,000 $1,368,000
$448,481 $448,481 $26,236,796 $26,236,796 $28,053,277

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

$1,523,000 $1,523,000 $1,523,000

$1,523,000 $1,523,000 $1,523,000

$1,523,000 $1,523,000 $1,523,000

$1,523,000 $1,523,000 $1,523,000

371.1 Reduce funds based on projected lapse. State General Funds

($155,000)

($155,000)

371.100-Floor/COLA, Local System Fund

Appropriation (HB 118)

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

$1,523,000

$1,523,000

$1,368,000

$1,368,000

State General Funds

$1,523,000

$1,523,000

$1,368,000

$1,368,000

TOTAL PUBLIC FUNDS

$1,523,000

$1,523,000

$1,368,000

$1,368,000

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.

1780

JOURNAL OF THE HOUSE

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 $26,236,796 $26,236,796 $26,236,796 $26,685,277

$0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277

$0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277

$0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277

372.100-System Administration

Appropriation (HB 118)

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

$26,236,796 $26,236,796 $26,236,796 $26,236,796

State Funds Transfers

$26,236,796 $26,236,796 $26,236,796 $26,236,796

Retirement Payments

$26,236,796 $26,236,796 $26,236,796 $26,236,796

TOTAL PUBLIC FUNDS

$26,685,277 $26,685,277 $26,685,277 $26,685,277

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 College System of Georgia
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
TOTAL PUBLIC FUNDS

Section Total - Continuation

$370,975,007 $370,975,007 $60,500,000
$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

$370,975,007 $370,975,007 $60,500,000
$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

$370,975,007 $370,975,007 $60,500,000 $56,750,758
$3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

$370,975,007 $370,975,007 $60,500,000 $56,750,758
$3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

Section Total - Final $322,850,679 $319,208,711 $322,850,679 $319,208,711 $60,500,000 $60,500,000

$319,183,711 $319,183,711 $60,500,000

$319,433,711 $319,433,711 $60,500,000

MONDAY, MARCH 9, 2009

1781

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 TOTAL PUBLIC FUNDS

$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $574,965,679

$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $571,323,711

$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $571,298,711

$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $571,548,711

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

$16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000 $3,200,000
$3,200,000 $34,897,100

$16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000 $3,200,000 $3,200,000 $34,897,100

$16,297,100 $16,297,100 $15,400,000 $15,400,000
$3,200,000 $3,200,000 $3,200,000 $34,897,100

$16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000 $3,200,000
$3,200,000 $34,897,100

373.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($537,600)

($572,988)

($572,988)

($572,988)

373.2 Reduce funds from Adult Literacy grants.

State General Funds

($1,449,094) ($1,449,094) ($1,449,094) ($1,449,094)

373.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($112,690)

($112,690)

($112,690)

373.100-Adult Literacy

Appropriation (HB 118)

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

$14,310,406 $14,162,328 $14,162,328 $14,162,328

State General Funds

$14,310,406 $14,162,328 $14,162,328 $14,162,328

TOTAL FEDERAL FUNDS

$15,400,000 $15,400,000 $15,400,000 $15,400,000

Federal Funds Not Itemized

$15,400,000 $15,400,000 $15,400,000 $15,400,000

TOTAL AGENCY FUNDS

$3,200,000

$3,200,000

$3,200,000

$3,200,000

1782

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,200,000 $3,200,000 $32,910,406

$3,200,000 $3,200,000 $32,762,328

$3,200,000 $3,200,000 $32,762,328

$3,200,000 $3,200,000 $32,762,328

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
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
TOTAL PUBLIC FUNDS

$10,213,558 $10,213,558 $3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $15,453,558

$10,213,558 $10,213,558 $3,800,000
$3,750,000 $50,000 $50,000
$1,400,000 $100,000 $100,000
$1,300,000 $1,300,000
$40,000 $40,000 $40,000 $15,453,558

$10,213,558 $10,213,558
$3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $15,453,558

$10,213,558 $10,213,558 $3,800,000
$3,750,000 $50,000 $50,000
$1,400,000 $100,000 $100,000
$1,300,000 $1,300,000
$40,000 $40,000 $40,000 $15,453,558

374.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($410,034)

($437,025)

($437,025)

($437,025)

374.2 Reduce funds from operations.

State General Funds

($204,443)

($204,443)

($204,443)

($204,443)

374.3 Reduce funds from personnel.

State General Funds

($903,118)

($903,118)

($903,118)

($903,118)

374.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($68,478)

($68,478)

($68,478)

374.100-Departmental Administration

Appropriation (HB 118)

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.

MONDAY, MARCH 9, 2009

1783

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 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
TOTAL PUBLIC FUNDS

$8,695,963 $8,695,963 $3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $13,935,963

$8,600,494 $8,600,494 $3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $13,840,494

$8,600,494 $8,600,494 $3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $13,840,494

$8,600,494 $8,600,494 $3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $13,840,494

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

375.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($303,729)

($323,722)

($323,722)

($323,722)

375.2 Reduce funds.

State General Funds

($1,407,476) ($1,407,476) ($1,407,476) ($1,407,476)

375.3 Eliminate funds for a post-graduate engineering program at Chattahoochee Technical College.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

375.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($116,612)

($116,612)

($116,612)

1784

JOURNAL OF THE HOUSE

375.100-Quick Start and Customized Services

Appropriation (HB 118)

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

$14,808,399 $14,671,794 $14,671,794 $14,671,794

State General Funds

$14,808,399 $14,671,794 $14,671,794 $14,671,794

TOTAL FEDERAL FUNDS

$300,000

$300,000

$300,000

$300,000

Federal Funds Not Itemized

$300,000

$300,000

$300,000

$300,000

TOTAL AGENCY FUNDS

$8,975,000

$8,975,000

$8,975,000

$8,975,000

Sales and Services

$8,975,000

$8,975,000

$8,975,000

$8,975,000

Sales and Services Not Itemized

$8,975,000

$8,975,000

$8,975,000

$8,975,000

TOTAL PUBLIC FUNDS

$24,083,399 $23,946,794 $23,946,794 $23,946,794

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 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

$327,744,745 $327,744,745 $41,000,000
$37,300,758 $3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

$327,744,745 $327,744,745 $41,000,000
$37,300,758 $3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

$327,744,745 $327,744,745 $41,000,000 $37,300,758
$3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

$327,744,745 $327,744,745 $41,000,000 $37,300,758
$3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

376.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($15,453,722) ($16,470,966) ($16,470,966) ($16,470,966)

376.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$572,024

$572,024

$572,024

$572,024

376.3 Reduce funds from formula funding for the technical colleges.

State General Funds

($26,531,068) ($26,531,068) ($26,531,068) ($26,531,068)

376.4 Reduce funds from the Regents Program.

State General Funds

($296,068)

($296,068)

($296,068)

($296,068)

376.5 Reduce funds from Career Academies. (S:Restore funds for the final quarter of the fiscal year)

State General Funds

($1,000,000) ($1,000,000) ($1,000,000)

($750,000)

MONDAY, MARCH 9, 2009

1785

376.6 Reduce funds to reflect the revised revenue estimate. State General Funds 376.7 Reduce funds to recognize early savings from the consolidation of fourteen colleges. State General Funds

($2,244,572) ($2,244,572) ($2,244,572)

($25,000)

($25,000)

376.100-Technical Education

Appropriation (HB 118)

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

$285,035,911 $281,774,095 $281,749,095 $281,999,095

State General Funds

$285,035,911 $281,774,095 $281,749,095 $281,999,095

TOTAL FEDERAL FUNDS

$41,000,000 $41,000,000 $41,000,000 $41,000,000

Federal Funds Not Itemized

$37,300,758 $37,300,758 $37,300,758 $37,300,758

Temporary Assistance for Needy Families

$3,699,242

$3,699,242

$3,699,242

$3,699,242

Temporary Assistance for Needy Families Grant CFDA93.558

$3,699,242

$3,699,242

$3,699,242

$3,699,242

TOTAL AGENCY FUNDS

$178,000,000 $178,000,000 $178,000,000 $178,000,000

Sales and Services

$178,000,000 $178,000,000 $178,000,000 $178,000,000

Sales and Services Not Itemized

$178,000,000 $178,000,000 $178,000,000 $178,000,000

TOTAL PUBLIC FUNDS

$504,035,911 $500,774,095 $500,749,095 $500,999,095

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

$856,216,563 $29,659,047
$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
$2,132,651,337

$856,216,563 $29,659,047 $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
$2,132,651,337

$856,216,563 $29,659,047 $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
$2,132,651,337

$856,216,563 $29,659,047 $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 $2,132,651,337

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL FEDERAL FUNDS

Section Total - Final $853,501,306 $865,151,350 $25,072,781 $24,806,356 $828,428,525 $840,344,994 $1,269,017,438 $1,269,017,438

$865,093,794 $24,284,702 $840,809,092 $1,269,017,438

$865,093,794 $24,284,702 $840,809,092 $1,269,017,438

1786

JOURNAL OF THE HOUSE

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

$26,500,000 $1,242,517,438
$6,759,541 $760,233
$5,999,308 $657,795 $657,795
$2,129,936,080

$26,500,000 $1,242,517,438
$6,759,541 $760,233
$5,999,308 $657,795 $657,795
$2,141,586,124

$26,500,000 $1,242,517,438
$6,759,541 $760,233
$5,999,308 $657,795 $657,795
$2,141,528,568

$26,500,000 $1,242,517,438
$6,759,541 $760,233
$5,999,308 $657,795 $657,795
$2,141,528,568

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

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

377.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,501)

($17,501)

($17,501)

($17,501)

377.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($34,545)

($34,545)

($34,545)

($34,545)

377.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($88,092)

($96,889)

($96,889)

($96,889)

377.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$6,069

$6,069

$6,069

$6,069

377.100-Air Transportation

Appropriation (HB 118)

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

$2,176,241

$2,167,444

$2,167,444

$2,167,444

State General Funds

$2,176,241

$2,167,444

$2,167,444

$2,167,444

MONDAY, MARCH 9, 2009

1787

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

$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,109,036

$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,100,239

$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,100,239

$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,100,239

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

$16,455,457 $16,455,457 $6,500,000 $6,500,000 $22,955,457

$16,455,457 $16,455,457 $6,500,000
$6,500,000 $22,955,457

$16,455,457 $16,455,457
$6,500,000 $6,500,000 $22,955,457

$16,455,457 $16,455,457 $6,500,000
$6,500,000 $22,955,457

378.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,866)

($3,866)

($3,866)

($3,866)

378.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($28,675)

($30,787)

($30,787)

($30,787)

378.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,469

$4,469

$4,469

$4,469

378.4 Reduce funds from grants for the Georgia Airport Aid program for pavement maintenance projects.

State General Funds

($1,731,858) ($1,731,858) ($1,731,858) ($1,731,858)

378.5 Reduce funds from maintenance.

State General Funds

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

378.6 Reduce funds from personnel.

State General Funds

($150,000)

($150,000)

($150,000)

($150,000)

378.100-Airport Aid

Appropriation (HB 118)

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

$13,045,527 $13,043,415 $13,043,415 $13,043,415

State General Funds

$13,045,527 $13,043,415 $13,043,415 $13,043,415

1788

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,500,000 $6,500,000 $19,545,527

$6,500,000 $6,500,000 $19,543,415

$6,500,000 $6,500,000 $19,543,415

$6,500,000 $6,500,000 $19,543,415

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

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

379.1 Defer the FY09 cost of living adjustment and transfer motor fuel funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

($9,865) ($75,954) ($85,819)

($9,865) ($75,954) ($85,819)

($9,865) ($75,954) ($85,819)

($9,865) ($75,954) ($85,819)

379.2 Defer performance based salary adjustments and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($24,857)

($24,857)

($24,857)

($24,857)

379.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

($31,348) ($288,681) ($320,029)

($31,348) ($288,681) ($320,029)

($31,348) ($288,681) ($320,029)

($31,348) ($288,681) ($320,029)

379.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$266,972

$266,972

$266,972

$266,972

379.5 Reduce funds and realize savings achieved with the relocation of the Crash Reporting Unit to the Traffic Management Center.

State General Funds

($54,100)

($54,100)

($54,100)

($54,100)

379.6 Reduce funds from operations and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($216,102)

($216,102)

($216,102)

($216,102)

MONDAY, MARCH 9, 2009

1789

379.7 Reduce funds from fifteen vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($458,678)

($458,678)

($458,678)

($458,678)

379.8 Reduce funds from equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($29,893)

($29,893)

($29,893)

($29,893)

379.9 Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($1,598,055) ($1,598,055) ($1,598,055) ($1,598,055)

379.100-Data Collection, Compliance and Reporting

Appropriation (HB 118)

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

$2,145,271

$2,145,271

$2,145,271

$2,145,271

State General Funds

$1,072,714

$1,072,714

$1,072,714

$1,072,714

State Motor Fuel Funds

$1,072,557

$1,072,557

$1,072,557

$1,072,557

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

$10,477,785 $10,477,785 $10,477,785 $10,477,785

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

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

380.1 Defer the FY09 cost of living adjustment and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($605,950)

($605,950)

($605,950)

($605,950)

1790

JOURNAL OF THE HOUSE

380.2 Defer performance based salary adjustments and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($242,380)

($242,380)

($242,380)

($242,380)

380.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State Motor Fuel Funds

($2,814,916) ($2,814,916) ($2,814,916) ($2,814,916)

380.4 Reduce funds from contracts and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($5,421,038) ($5,421,038) ($5,421,038) ($5,421,038)

380.5 Reduce funds from equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($4,978,054) ($4,978,054) ($4,978,054) ($4,978,054)

380.6 Eliminate one vacant position and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($21,607)

($21,607)

($21,607)

($21,607)

380.7 Reduce funds from vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($50,999)

($50,999)

($50,999)

($50,999)

380.8 Reduce operating expenses and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($385,001)

($385,001)

($385,001)

($385,001)

380.9 Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($5,165,502) ($5,165,502) ($5,165,502) ($5,165,502)

380.10 Reduce funds from personnel and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($1,719,134) ($1,719,134) ($1,719,134) ($1,719,134)

380.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($250,728)

($250,728)

($250,728)

380.100-Departmental Administration

Appropriation (HB 118)

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

$47,073,559 $46,822,831 $46,822,831 $46,822,831

State General Funds

$638,837

$388,109

$388,109

$388,109

State Motor Fuel Funds

$46,434,722 $46,434,722 $46,434,722 $46,434,722

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

MONDAY, MARCH 9, 2009

1791

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$898,970 $898,970 $58,812,352

$898,970 $898,970 $58,561,624

$898,970 $898,970 $58,561,624

$898,970 $898,970 $58,561,624

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

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

381.1 Defer the FY09 cost of living adjustment and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($266,051)

($266,051)

($266,051)

($266,051)

381.2 Defer performance based salary adjustments and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($132,513)

($132,513)

($132,513)

($132,513)

381.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State Motor Fuel Funds

($1,538,960) ($1,538,960) ($1,538,960) ($1,538,960)

381.4 Reduce funds from the Local Road Assistance Program and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($20,247,427) ($20,247,427) ($20,247,427) ($20,247,427)

381.5 Reduce funds from Off-System projects and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($11,000,000) ($11,000,000) ($11,000,000) ($11,000,000)

381.6 Reduce funds from Most Needed projects and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($6,600,000) ($6,600,000) ($6,600,000) ($6,600,000)

1792

JOURNAL OF THE HOUSE

381.7 Reduce funds from motor vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($109,000)

($109,000)

($109,000)

($109,000)

381.8 Reduce funds from equipment purchases and transfer funds to the State Highway System Construction and Improvement program.

State Motor Fuel Funds

($95,660)

($95,660)

($95,660)

($95,660)

381.9 Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($14,921,095) ($14,921,095) ($14,921,095) ($14,921,095)

381.10 Reduce funds from operations and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($1,050,009) ($1,050,009) ($1,050,009) ($1,050,009)

381.11 Reduce funds from contracts and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($633,104)

($633,104)

($633,104)

($633,104)

381.12 Reduce funds from vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($752,745)

($752,745)

($752,745)

($752,745)

381.100-Local Road Assistance

Appropriation (HB 118)

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

$99,354,042 $99,354,042 $99,354,042 $99,354,042

State Motor Fuel Funds

$99,354,042 $99,354,042 $99,354,042 $99,354,042

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

$169,607,945 $169,607,945 $169,607,945 $169,607,945

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

$1,528,887 $1,528,887 $1,528,887

$1,528,887 $1,528,887 $1,528,887

$1,528,887 $1,528,887 $1,528,887

$1,528,887 $1,528,887 $1,528,887

382.1 Defer the FY09 cost of living adjustment. State General Funds

($2,211)

($2,211)

($2,211)

($2,211)

MONDAY, MARCH 9, 2009

1793

382.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($11,054)

($11,868)

($11,868)

($11,868)

382.3 Reduce funds received in HB1027 (FY07G) to pay litigation costs associated with a condemnation lawsuit with the South Carolina Ports Authority.

State General Funds

($275,015)

($275,015)

($275,015)

($275,015)

382.4 Reduce funds for the remainder of FY09 and contract with the Georgia Ports Authority for dike and harbor maintenance and mosquito control. (H:Reduce litigation funds no longer needed)(S:Contract with Georgia Ports Authority for harbor maintenance and mosquito control)

State General Funds

($500,000)

($500,000)

382.100-Ports and Waterways

Appropriation (HB 118)

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

$1,240,607

$1,239,793

$739,793

$739,793

State General Funds

$1,240,607

$1,239,793

$739,793

$739,793

TOTAL PUBLIC FUNDS

$1,240,607

$1,239,793

$739,793

$739,793

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

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

383.1 Defer the FY09 cost of living adjustment.

State General Funds

($4,060)

($4,060)

($4,060)

($4,060)

383.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($15,013)

($16,119)

($16,119)

($16,119)

383.3 Reduce funds from the Georgia Rail Passenger Authority Board.

State General Funds

($2,406)

($2,406)

($24,060)

($24,060)

1794

JOURNAL OF THE HOUSE

383.100 -Rail

Appropriation (HB 118)

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

$282,168

$281,062

$259,408

$259,408

State General Funds

$282,168

$281,062

$259,408

$259,408

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

$370,407

$369,301

$347,647

$347,647

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

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

384.1 Defer the FY09 cost of living adjustment and use funds for Capital Outlay projects.

State Motor Fuel Funds

($1,046,665) ($1,046,665) ($1,046,665) ($1,046,665)

384.2 Defer performance based salary adjustments and use funds for Capital Outlay projects.

State Motor Fuel Funds

($418,666)

($418,666)

($418,666)

($418,666)

384.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State Motor Fuel Funds

($4,862,238) ($4,862,238) ($4,862,238) ($4,862,238)

384.4 Reduce funds for Most Needed systems and use funds for Capital Outlay projects.

State Motor Fuel Funds

($4,400,000) ($4,400,000) ($4,400,000) ($4,400,000)

384.5

Transfer funds from the Departmental Administration program ($21,404,581), Data Collection, Compliance and Reporting program ($2,692,220), Local Road Assistance program ($57,346,564), State Highway System Maintenance program ($12,356,057), and State Highway System Operations program ($18,995,424) for Capital Outlay projects. (H and S:Transfer funds from the Departmental Administration program ($21,404,581), Data Collection, Compliance and Reporting program ($2,692,220), Local Road Assistance program ($57,346,564), Payments to State Road and Tollway

MONDAY, MARCH 9, 2009

1795

Authority ($33,100,000), State Highway System Maintenance program ($12,356,057), and State Highway System Operations program ($18,995,424) for Capital Outlay projects)

State Motor Fuel Funds

$112,794,846 $112,794,846 $145,894,846 $145,894,846

384.6 Reduce state matching funds and use funds for Capital Outlay projects.

State Motor Fuel Funds

($72,043,759) ($72,043,759) ($72,043,759) ($72,043,759)

384.7 Reduce funds from operations and use funds for Capital Outlay projects.

State Motor Fuel Funds

($1,492,510) ($1,492,510) ($1,492,510) ($1,492,510)

384.8 Reduce funds from contracts and use funds for Capital Outlay projects.

State Motor Fuel Funds

($7,246,144) ($7,246,144) ($7,246,144) ($7,246,144)

384.9 Reduce funds from personnel and use funds for Capital Outlay projects.

State Motor Fuel Funds

($1,391,367) ($1,391,367) ($1,391,367) ($1,391,367)

384.10 Increase funds for Capital Outlay projects.

State Motor Fuel Funds

$92,901,349 $92,901,349 $92,901,349 $92,901,349

384.11 Utilize remaining funds for the Georgia Highway Authority for Capital Outlay projects. (H:YES)(S:YES)

Intergovernmental Transfers Not Itemized

$0

$0

384.100-State Highway System Construction and Improvement

Appropriation (HB 118)

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

$397,714,327 $397,714,327 $430,814,327 $430,814,327

State Motor Fuel Funds

$397,714,327 $397,714,327 $430,814,327 $430,814,327

TOTAL FEDERAL FUNDS

$964,973,294 $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 $964,973,294

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

$1,362,852,621 $1,362,852,621 $1,395,952,621 $1,395,952,621

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

$192,591,918 $192,591,918 $153,104,852 $153,104,852
$642,602 $642,602

$192,591,918 $192,591,918 $153,104,852 $153,104,852
$642,602 $642,602

$192,591,918 $192,591,918 $153,104,852 $153,104,852
$642,602 $642,602

$192,591,918 $192,591,918 $153,104,852 $153,104,852
$642,602 $642,602

1796

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$642,602

$642,602

$642,602

$642,602

$346,339,372 $346,339,372 $346,339,372 $346,339,372

385.1 Reduce funds for the FY09 pay raise and use for Capital Outlay projects.

State Motor Fuel Funds

($1,607,097) ($1,607,097) ($1,607,097) ($1,607,097)

385.2 Defer performance based salary adjustments and use for Capital Outlay projects.

State Motor Fuel Funds

($549,106)

($549,106)

($549,106)

($549,106)

385.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State Motor Fuel Funds

($6,377,117) ($6,377,117) ($6,377,117) ($6,377,117)

385.4 Reduce funds from vehicle purchases and use for Capital Outlay projects.

State Motor Fuel Funds

($1,207,751) ($1,207,751) ($1,207,751) ($1,207,751)

385.5 Reduce funds from the State Forces 107 program and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($4,000,000) ($4,000,000) ($4,000,000) ($4,000,000)

385.6 Reduce funds from 126 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($3,814,180) ($3,814,180) ($3,814,180) ($3,814,180)

385.7 Reduce funds from equipment purchases and use for Capital Outlay projects.

State Motor Fuel Funds

($96,813)

($96,813)

($96,813)

($96,813)

385.8 Reduce state matching funds and use for Capital Outlay projects.

State Motor Fuel Funds

($38,356,709) ($38,356,709) ($38,356,709) ($38,356,709)

385.9 Increase funds from Capital Outlay projects.

State Motor Fuel Funds

$61,195,454 $61,195,454 $61,195,454 $61,195,454

385.10 Reduce funds from operations and use for Capital Outlay projects.

State Motor Fuel Funds

($5,988,477) ($5,988,477) ($5,988,477) ($5,988,477)

385.11 Reduce funds from contracts and use for Capital Outlay projects.

State Motor Fuel Funds

($643,447)

($643,447)

($643,447)

($643,447)

385.12 Reduce funds from personnel and use for Capital Outlay projects.

State Motor Fuel Funds

($4,497,928) ($4,497,928) ($4,497,928) ($4,497,928)

385.13 Reduce funds from equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($4,541,877) ($4,541,877) ($4,541,877) ($4,541,877)

MONDAY, MARCH 9, 2009

1797

385.100-State Highway System Maintenance

Appropriation (HB 118)

The purpose of this appropriation is to coordinate all statewide maintenance activities.

TOTAL STATE FUNDS

$182,106,870 $182,106,870 $182,106,870

State Motor Fuel Funds

$182,106,870 $182,106,870 $182,106,870

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

$335,854,324 $335,854,324 $335,854,324

$182,106,870 $182,106,870 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $335,854,324

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

$26,491,645 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240
$4,026,240 $66,188,427

$26,491,645 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240
$4,026,240 $66,188,427

$26,491,645 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240
$4,026,240 $66,188,427

$26,491,645 $26,491,645 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $66,188,427

386.1 Reduce funds for the FY09 pay raise and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($318,115)

($318,115)

($318,115)

($318,115)

386.2 Defer performance based salary adjustments and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($137,013)

($137,013)

($137,013)

($137,013)

386.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State Motor Fuel Funds

($1,591,211) ($1,591,211) ($1,591,211) ($1,591,211)

386.4 Reduce funds from operations and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($3,212,825) ($3,212,825) ($3,212,825) ($3,212,825)

386.5 Reduce funds from personnel and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($999,157)

($999,157)

($999,157)

($999,157)

1798

JOURNAL OF THE HOUSE

386.6 Reduce funds from equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($261,571)

($261,571)

($261,571)

($261,571)

386.7 Reduce funds from 127 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($3,847,971) ($3,847,971) ($3,847,971) ($3,847,971)

386.8 Reduce funds from vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($131,000)

($131,000)

($131,000)

($131,000)

386.9 Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($8,496,561) ($8,496,561) ($8,496,561) ($8,496,561)

386.100-State Highway System Operations

Appropriation (HB 118)

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by traffic engineering and traffic management.

TOTAL STATE FUNDS

$7,496,221

$7,496,221

$7,496,221

$7,496,221

State Motor Fuel Funds

$7,496,221

$7,496,221

$7,496,221

$7,496,221

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

$47,193,003 $47,193,003 $47,193,003 $47,193,003

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

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

387.1 Defer the FY09 cost of living adjustment. State General Funds

($8,403)

($8,403)

($8,403)

($8,403)

MONDAY, MARCH 9, 2009

1799

387.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($38,939)

($41,807)

($41,807)

($41,807)

387.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$18,989

$18,989

$18,989

$18,989

387.4 Reduce funds from grants for local transit agencies for replacement buses, vans, and other capital maintenance items.

State General Funds

($875,814)

($875,814)

($875,814)

($875,814)

387.100 -Transit

Appropriation (HB 118)

The purpose of this appropriation is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance

to Georgia's transit systems.

TOTAL STATE FUNDS

$6,616,687

$6,613,819

$6,613,819

$6,613,819

State General Funds

$6,616,687

$6,613,819

$6,613,819

$6,613,819

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

$26,622,687 $26,619,819 $26,619,819 $26,619,819

Payments to the State Road and Tollway Authority

Continuation Budget

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 State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

$94,249,786 $0
$94,249,786 $94,249,786

$94,249,786 $0
$94,249,786 $94,249,786

$94,249,786 $0
$94,249,786 $94,249,786

$94,249,786 $0
$94,249,786 $94,249,786

388.1 Increase funds for the required debt service on issued GARVEE bonds for the Governor's Fast Forward program.

State Motor Fuel Funds

$11,916,469 $12,380,567 $12,380,567

388.2 Reduce funds received in HB990 (FY09G) for the State Transportation Infrastructure Bank ($28,100,000) and the Community Improvement District (CID) Congestion Relief Fund ($5,000,000) and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

State Motor Fuel Funds

($33,100,000) ($33,100,000)

1800

JOURNAL OF THE HOUSE

388.100-Payments to the State Road and Tollway Authority

Appropriation (HB 118)

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

$94,249,786 $106,166,255 $73,530,353 $73,530,353

State Motor Fuel Funds

$94,249,786 $106,166,255 $73,530,353 $73,530,353

TOTAL PUBLIC FUNDS

$94,249,786 $106,166,255 $73,530,353 $73,530,353

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 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

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

Section Total - Final $22,835,318 $22,807,280 $22,835,318 $22,807,280 $18,875,370 $18,875,370

$22,807,280 $22,807,280 $18,875,370

$22,807,280 $22,807,280 $18,875,370

MONDAY, MARCH 9, 2009

1801

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$18,875,370 $41,710,688

$18,875,370 $41,682,650

$18,875,370 $41,682,650

$18,875,370 $41,682,650

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

$850,660 $850,660 $850,660

$850,660 $850,660 $850,660

$850,660 $850,660 $850,660

$850,660 $850,660 $850,660

389.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,361)

($6,361)

($6,361)

($6,361)

389.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($37,572)

($40,339)

($40,339)

($40,339)

389.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,086

$4,086

$4,086

$4,086

389.4 Reduce funds received in HB990 (FY09G) and delay the hiring of two counselors, a records clerk, and an administrative person.

State General Funds

($113,142)

($113,142)

($113,142)

($113,142)

389.5 Transfer funds from the Veterans Benefits program to meet projected expenditures.

State General Funds

$500,000

$500,000

$500,000

$500,000

389.100-Departmental Administration

Appropriation (HB 118)

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

$1,197,671

$1,194,904

$1,194,904

$1,194,904

State General Funds

$1,197,671

$1,194,904

$1,194,904

$1,194,904

TOTAL PUBLIC FUNDS

$1,197,671

$1,194,904

$1,194,904

$1,194,904

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

$570,702 $570,702
$35,700

$570,702 $570,702
$35,700

$570,702 $570,702
$35,700

$570,702 $570,702 $35,700

1802

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$35,700 $606,402

$35,700 $606,402

$35,700 $606,402

$35,700 $606,402

390.1 Defer the FY09 cost of living adjustment.

State General Funds

($4,294)

($4,294)

($4,294)

($4,294)

390.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($28,056)

($30,122)

($30,122)

($30,122)

390.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$173

$173

$173

$173

390.100-Georgia Veterans Memorial Cemetery

Appropriation (HB 118)

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

$538,525

$536,459

$536,459

$536,459

State General Funds

$538,525

$536,459

$536,459

$536,459

TOTAL FEDERAL FUNDS

$35,700

$35,700

$35,700

$35,700

Federal Funds Not Itemized

$35,700

$35,700

$35,700

$35,700

TOTAL PUBLIC FUNDS

$574,225

$572,159

$572,159

$572,159

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

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

391.1 Reduce funds and payments to the Medical College of Georgia for operations.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($373,110) ($286,910) ($660,020)

($373,110) ($286,910) ($660,020)

($373,110) ($286,910) ($660,020)

($373,110) ($286,910) ($660,020)

391.100-Georgia War Veterans Nursing Home - Augusta

Appropriation (HB 118)

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.

MONDAY, MARCH 9, 2009

1803

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$5,755,916 $5,755,916 $5,534,646 $5,534,646 $11,290,562

$5,755,916 $5,755,916 $5,534,646 $5,534,646 $11,290,562

$5,755,916 $5,755,916 $5,534,646 $5,534,646 $11,290,562

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

$11,502,288 $11,502,288 $9,659,584 $9,659,584 $21,161,872

$11,502,288 $11,502,288 $9,659,584
$9,659,584 $21,161,872

$11,502,288 $11,502,288
$9,659,584 $9,659,584 $21,161,872

$5,755,916 $5,755,916 $5,534,646 $5,534,646 $11,290,562
$11,502,288 $11,502,288 $9,659,584
$9,659,584 $21,161,872

392.1 Reduce funds from the Georgia War Veterans Home Domiciliary and close the facility.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($1,349,718) ($978,000)
($2,327,718)

($1,349,718) ($978,000)
($2,327,718)

($1,349,718) ($978,000)
($2,327,718)

392.99

SAC: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. House: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Gov Rev: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Governor: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

($1,349,718) ($978,000)
($2,327,718)

State General Funds

$0

$0

$0

$0

392.100-Georgia War Veterans Nursing Home - Milledgeville

Appropriation (HB 118)

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS

$10,152,570 $10,152,570 $10,152,570

State General Funds

$10,152,570 $10,152,570 $10,152,570

TOTAL FEDERAL FUNDS

$8,681,584

$8,681,584

$8,681,584

Federal Funds Not Itemized

$8,681,584

$8,681,584

$8,681,584

TOTAL PUBLIC FUNDS

$18,834,154 $18,834,154 $18,834,154

$10,152,570 $10,152,570 $8,681,584 $8,681,584 $18,834,154

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

$6,648,993 $6,648,993 $4,623,440

$6,648,993 $6,648,993 $4,623,440

$6,648,993 $6,648,993 $4,623,440

$6,648,993 $6,648,993 $4,623,440

1804

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$4,623,440 $11,272,433

$4,623,440 $11,272,433

$4,623,440 $11,272,433

$4,623,440 $11,272,433

393.1 Defer the FY09 cost of living adjustment.

State General Funds

($68,862)

($68,862)

($68,862)

($68,862)

393.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($315,049)

($338,254)

($338,254)

($338,254)

393.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,986

$4,986

$4,986

$4,986

393.4 Reduce funds received in HB990 (FY09G) for a web-based system that would enable veterans to submit forms and claims information online.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

393.5 Reduce funds received in HB990 (FY09G) to delay the hiring of four vacant Veterans Benefits Counselor positions in the State Veterans Service Offices.

State General Funds

($160,000)

($160,000)

($160,000)

($160,000)

393.6 Reduce funds associated with itinerant service, annual service officers' school and supermarket of veterans benefits.

State General Funds

($19,432)

($19,432)

($19,432)

($19,432)

393.7 Reduce funds designated to support major maintenance and repair projects at both state veterans' homes.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

393.8 Transfer funds to the Departmental Administration program to meet projected expenditures.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

393.100-Veterans Benefits

Appropriation (HB 118)

The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the

veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

TOTAL STATE FUNDS

$5,190,636

$5,167,431

$5,167,431

$5,167,431

State General Funds

$5,190,636

$5,167,431

$5,167,431

$5,167,431

TOTAL FEDERAL FUNDS

$4,623,440

$4,623,440

$4,623,440

$4,623,440

Federal Funds Not Itemized

$4,623,440

$4,623,440

$4,623,440

$4,623,440

TOTAL PUBLIC FUNDS

$9,814,076

$9,790,871

$9,790,871

$9,790,871

Section 48: Workers' Compensation, State Board of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

Section Total - Continuation

$17,720,194 $17,720,194
$200,000

$17,720,194 $17,720,194
$200,000

$17,720,194 $17,720,194
$200,000

$17,720,194 $17,720,194
$200,000

MONDAY, MARCH 9, 2009

1805

Sales and Services TOTAL PUBLIC FUNDS

$200,000 $17,920,194

$200,000 $17,920,194

$200,000 $17,920,194

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$18,668,167 $18,613,644

$18,668,167 $18,613,644

$200,000

$200,000

$200,000

$200,000

$18,868,167 $18,813,644

$18,613,644 $18,613,644
$200,000 $200,000 $18,813,644

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

$200,000 $17,920,194
$18,613,644 $18,613,644
$200,000 $200,000 $18,813,644
$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

394.1 Defer the FY09 cost of living adjustment.

State General Funds

($125,557)

($125,557)

($125,557)

($125,557)

394.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($622,236)

($668,066)

($668,066)

($668,066)

394.100-Administer the Workers' Compensation Laws

Appropriation (HB 118)

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS

$10,468,260 $10,422,430 $10,422,430

State General Funds

$10,468,260 $10,422,430 $10,422,430

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

$10,643,260 $10,597,430 $10,597,430

$10,422,430 $10,422,430
$175,000 $175,000 $175,000 $10,597,430

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.

1806

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

395.1 Defer the FY09 cost of living adjustment.

State General Funds

($24,894)

($24,894)

($24,894)

($24,894)

395.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 1.926% effective February 1, 2009 through June 30, 2009. (Gov Rev, H, and S:Reflect an adjustment from 1.926% to 0% effective March 1, 2009 through June 30, 2009)

State General Funds

($118,030)

($126,723)

($126,723)

($126,723)

395.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$143,487

$143,487

$143,487

$143,487

395.4 Increase payments to the State Treasury from $1,961,807 to $3,657,010.

State General Funds

$1,695,203

$1,695,203

$1,695,203

$1,695,203

395.100-Board Administration

Appropriation (HB 118)

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

$8,199,907

$8,191,214

$8,191,214

$8,191,214

State General Funds

$8,199,907

$8,191,214

$8,191,214

$8,191,214

TOTAL AGENCY FUNDS

$25,000

$25,000

$25,000

$25,000

Sales and Services

$25,000

$25,000

$25,000

$25,000

Sales and Services Not Itemized

$25,000

$25,000

$25,000

$25,000

TOTAL PUBLIC FUNDS

$8,224,907

$8,216,214

$8,216,214

$8,216,214

Section 49: State of Georgia General Obligation Debt Sinking Fund
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

TOTAL STATE FUNDS State General Funds

Section Total - Final $988,734,294 $970,695,165 $789,632,951 $783,510,291

$969,990,354 $783,269,578

$969,990,354 $783,269,578

MONDAY, MARCH 9, 2009

1807

State Motor Fuel Funds TOTAL PUBLIC FUNDS
General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS
State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

$199,101,343 $187,184,874 $186,720,776 $186,720,776 $988,734,294 $970,695,165 $969,990,354 $969,990,354

Continuation Budget

$903,133,634 $708,070,991 $195,062,643 $903,133,634

$903,133,634 $708,070,991 $195,062,643 $903,133,634

$903,133,634 $708,070,991 $195,062,643 $903,133,634

$903,133,634 $708,070,991 $195,062,643 $903,133,634

396.1 Transfer debt service for bonds sold in FY09 from New to Issued.

State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

$16,339,014 $6,106,122 $22,445,136

$43,717,691 $19,642,000 $63,359,691

$43,717,691 $19,642,000 $63,359,691

$43,717,691 $19,642,000 $63,359,691

396.2 Transfer debt service and reflect payments due on bonds issued in FY09 from New to Issued.

State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

$6,120,966

$0

$0

$0

$2,433,878

$0

$0

$0

$8,554,844

$0

$0

$0

396.3 Reduce Motor Fuel funds to offset deficit.

State Motor Fuel Funds

($16,500,000) ($16,500,000) ($16,500,000) ($16,500,000)

396.4 Retain prior year unspent balance of $31,393,806 to meet FY10 debt service requirements. (G:YES)(S:YES)

State General Funds

$0

$0

$0

$0

396.5 Retain prior year unspent balance of $9,216,563 to meet FY10 debt service requirements. (G:YES)(S:YES)

State Motor Fuel Funds

$0

$0

$0

$0

396.6 Reduce funds to reflect savings on debt service obligation for issued bonds.

State Motor Fuel Funds

($11,916,469) ($12,380,567) ($12,380,567)

396.7 Repeal the balance of $80,000 of the authorization of $2,500,000 in 5-year bonds from HB85 (FY06G) for the Georgia Ports Authority for Container Berths 4, 5, and 6 overlay upgrade.

State General Funds

($22,351)

($22,351)

396.100-General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS
State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

Appropriation (HB 118) $917,633,614 $938,076,856 $937,590,407 $730,530,971 $751,788,682 $751,766,331 $187,102,643 $186,288,174 $185,824,076 $917,633,614 $938,076,856 $937,590,407

$937,590,407 $751,766,331 $185,824,076 $937,590,407

1808

JOURNAL OF THE HOUSE

General Obligation Debt Sinking Fund - New
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$106,541,379 $86,002,679 $20,538,700
$106,541,379

$106,541,379 $86,002,679 $20,538,700 $106,541,379

$106,541,379 $86,002,679 $20,538,700 $106,541,379

$106,541,379 $86,002,679 $20,538,700 $106,541,379

397.1 Transfer debt service for bonds sold in FY09 from New to Issued.

State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

($20,779,733) ($6,106,122) ($26,885,855)

($43,717,691) ($19,642,000) ($63,359,691)

397.2 Transfer debt service and reflect payments due on bonds issued in FY09 from New to Issued.

($43,717,691) ($19,642,000) ($63,359,691)

($43,717,691) ($19,642,000) ($63,359,691)

State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

($6,120,966)

$0

$0

$0

($2,433,878)

$0

$0

$0

($8,554,844)

$0

$0

$0

397.3 Reduce funds for debt service to capture savings associated with favorable rates received in the February bond sale.

State General Funds

($10,563,379) ($10,781,741) ($10,781,741)

397.100-General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS
State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

Appropriation (HB 118)

$71,100,680 $32,618,309 $32,399,947

$59,101,980 $31,721,609 $31,503,247

$11,998,700

$896,700

$896,700

$71,100,680 $32,618,309 $32,399,947

$32,399,947 $31,503,247
$896,700 $32,399,947

The following paragraphs authorizing the issuance of general obligation debt first appeared in the original appropriations act House Bill 990, Act No.705, Ga. Laws 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229. 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:

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

MONDAY, MARCH 9, 2009

1809

$5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND: 397.101
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. BOND: 397.102
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. BOND: 397.103
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. BOND: 397.104
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. BOND: 397.110
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. BOND: 397.120
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. BOND: 397.121

1810

JOURNAL OF THE HOUSE

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, 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. BOND: 397.122
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. BOND: 397.123
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. BOND: 397.130
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. BOND: 397.131
DJJ Multi-Projects: $7,435,000 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, $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 240 months. BOND: 397.132
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. BOND: 397.140
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

MONDAY, MARCH 9, 2009

1811

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. BOND: 397.200
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. BOND: 397.201
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. BOND: 397.202
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 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. BOND: 397.203
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. BOND: 397.221
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. BOND: 397.230
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. BOND: 397.231

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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. BOND: 397.232
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. BOND: 397.233
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. BOND: 397.234
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. BOND: 397.240
Georgia World Congress Center: $5,000,000 in principal for 5 years at 5%: Provide funds for the Georgia World Congress Center and Centennial Olympic Park. From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and facilities for the World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND: 397.241
K - 12 Schools: $84,250,000 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, $7,194,950 is specifically appropriated for the purpose of financing educational facilities for county and independent school

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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 240 months. BOND: 397.302
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 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. BOND: 397.303
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. BOND: 397.304
Cobb County Board of Education: $8,000,000 in principal for 20 years at 5.75%: Design and construct a charter school to be operated by the Cobb County School System. From State General Funds, $683,200 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 240 months. BOND: 397.305
K - 12 Schools: $10,000,000 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, $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 240 months. BOND: 397.306
K - 12 Equipment: $5,000,000 in principal for 5 years at 5%: Purchase equipment for the BRIDGE program. From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND: 397.307
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. 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. BOND: 397.410
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

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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. BOND: 397.412
GBA multi-projects: $5,000,000 in principal for 5 years at 5%: Design of Capitol Green Space Project including Pedestrian Bridge. 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 60 months. BOND: 397.413
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. BOND: 397.420
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. BOND: 397.421
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. BOND: 397.500
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. BOND: 397.501
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,

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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. BOND: 397.502
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. BOND: 397.503
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. BOND: 397.504
Central State Hospital: $385,000 in principal for 5 years at 5%: Fund various capital projects. From State General Funds, $88,935 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 $385,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND: 397.505
Northwest Georgia Regional Hospital: $560,000 in principal for 5 years at 5%: Fund various capital projects. From State General Funds, $129,360 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 $560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. BOND: 397.506
Georgia War Veterans Nursing Home, Milledgeville: $680,000 in principal for 20 years at 5.75%: Install Metal Roofing System and Mechanical Upgrades in the Wood Building. 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 240 months. BOND: 397.510
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

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in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.511
Regents: $60,000,000 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)(CC:Increase by $30,000,000) 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 240 months. BOND: 397.600
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. BOND: 397.601
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. BOND: 397.602
Fort Valley State University: $2,100,000 in principal for 5 years at 5%: Purchase Equipment for an Academic Classroom and Laboratory Building. 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. BOND: 397.603
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. BOND: 397.604
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

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University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.605
Medical College of Georgia: $70,000,000 in principal for 20 years at 5.75%: Design, construct, and equip the School of Dentistry. 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 240 months. BOND: 397.606
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 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. BOND: 397.607
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. BOND: 397.608
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. BOND: 397.609
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. BOND: 397.610

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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. BOND: 397.611
Georgia Institute of Technology: $6,400,000 in principal for 20 years at 5.75%: Renovate the Hinman Technology Building. 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 240 months. BOND: 397.612
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. BOND: 397.613
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. BOND: 397.614
Coastal Georgia Community College: $1,000,000 in principal for 5 years at 5%: Provide design funds for a Health Sciences Building. 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 60 months. BOND: 397.616
Abraham Baldwin Agricultural College: $6,000,000 in principal for 20 years at 5.75%: Design and renovate the Tift, Lewis, and Herring Halls. 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

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issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.617
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. BOND: 397.619
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. BOND: 397.620
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. BOND: 397.621
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. BOND: 397.622
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. BOND: 397.623

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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. BOND: 397.624
East Georgia College: $500,000 in principal for 5 years at 5%: Design the Classroom and Student Learning Center/Administration Building in Statesboro. 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. BOND: 397.625
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 Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.626
Medical College of Georgia: $3,000,000 in principal for 5 years at 5%: Design a consolidated School of Dentistry, School of Medicine, and Education Commons facility. 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 60 months. BOND: 397.627
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. BOND: 397.628
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

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University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.629
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. BOND: 397.630
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. BOND: 397.631
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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.650
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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.651
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. From State General Funds, $447,069 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.653
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.

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From State General Funds, $670,817 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.654
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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.655
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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.656
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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.657
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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.658
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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.659
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 Technical College System

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of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.660
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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.661
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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.662
Chattahoochee Technical College: $750,000 in principal for 5 years at 5%: Design an Academic Classroom Building for the Mountain View campus. From State General Funds, $173,250 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 60 months. BOND: 397.663
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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.664
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 Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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. BOND: 397.665
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.

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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. BOND: 397.680
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. BOND: 397.681
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. BOND: 397.682
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 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. BOND: 397.683
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. BOND: 397.684
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. BOND: 397.685
Jeff Davis Public Library: $200,000 in principal for 5 years at 5%: Design as part of the Satilla Regional Library System to match $3,000,000 in local funding. 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 60 months. BOND: 397.686
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

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principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.687
Fairplay Public Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as a part of the West Georgia Regional Library. From State General Funds, $170,800 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 Fairplay Public Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. BOND: 397.688
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. BOND: 397.700
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. BOND: 397.710
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. BOND: 397.711
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. BOND: 397.720
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 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. BOND: 397.721

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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. BOND: 397.730
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. BOND: 397.731
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. BOND: 397.733
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. BOND: 397.735
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. BOND: 397.740
The following paragraph of Section 48 of the General Appropriations Act for state fiscal year 2005-2006 (Ga. L. 2005, Volume Two, Book One, pp. 1425), 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 or which shall have maturities not in excess of sixty months."

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Is hereby amended to read as follows:
"From the appropriation designated "State General Funds (New)", $530,149 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 $2,420,000 in principal amount of General Obligation Debt, the instruments or which shall have maturities not in excess of sixty months."
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 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 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: 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 53: Budgetary Control and Interpretation

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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.
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 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.
Section 54: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 55: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed.

MONDAY, MARCH 9, 2009

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Representative Harbin of the 118th moved that the House disagree to the Senate substitute to HB 118.

The motion prevailed.

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

HB 368. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 159th, Harden of the 147th and Parham of the 141st:

A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule II, 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 report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day E Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England
Epps, C Y Epps, J Y Everson E Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon

Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B E Sims, C
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon

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JOURNAL OF THE HOUSE

Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Cox

Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 151, nays 0.

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

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

Representatives Cox of the 102nd and Weldon of the 3rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative Hatfield of the 177th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 385. By Representatives Hill of the 180th, Manning of the 32nd, Sims of the 119th, Dempsey of the 13th, Parham of the 141st and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to State Commission on Family Violence, so as to repeal the date on which the commission shall cease to exist; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day E Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner

Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills

Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B E Sims, C
Sinkfield

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E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner Y 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, D Y Collins, T Y Cooper Y Cox

Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon E Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Jackson Y Jacobs Y James 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 Lindsey Y Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A N Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 149, nays 6.

Y Smith, B Smith, L
Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representatives Mangham of the 94th and Weldon of the 3rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 344. By Representatives Davis of the 109th, Barnard of the 166th, Jerguson of the 22nd and Horne of the 71st:

A BILL to be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize the Department of Corrections to establish and collect additional fees for services rendered to a felony defendant sentenced to a day reporting center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:
A BILL
To amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize a sentencing court to impose an additional charge on a felony defendant sentenced to a day reporting center; 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 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, is amended by revising subsection (d) to read as follows:
"(d)(1) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and in addition, a one-time fee of $50.00 where such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund. Any fees collected by the court under this paragraph shall be remitted not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks' Cooperative Authority for deposit into the general fund of the state treasury. (2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, recorder's,

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1833

mayor's, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks' Cooperative Authority for deposit into the general fund of the state treasury. (3) In addition to any fine, fee, restitution, or other amount ordered by the court, the court may impose as a condition of probation for felony criminal defendants sentenced to a day reporting center an additional charge, not to exceed $10.00 per day for each day such defendant is required to report to a day reporting center. The charges required by this paragraph shall be paid by the probationer directly to the department. Funds collected by the department pursuant to this subsection shall only be used by the department in the maintenance and operation of the day reporting center program."

SECTION 2. This Act shall become effective on July 1, 2009, and shall apply to persons convicted 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:

E Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Benfield Y Benton Y Black N Brooks
Bruce N Bryant N Buckner

Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey N Dickson Y Dobbs Y Dollar Y Dooley E Drenner N Dukes Y Ehrhart Y England N Epps, C
Epps, J Y Everson E Floyd
Fludd

Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne N Houston Y Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson Y Johnson, C N Johnson, T Y Jones, J N Jones, S

N Manning N Marin Y Martin Y Maxwell N May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver

Y Rynders Y Scott, A Y Scott, M Y Sellier N Setzler N Shaw E Sheldon N Shipp Y Sims, B E Sims, C
Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R

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Y Burkhalter Y Burns Y Butler N Byrd N Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Franklin N Frazier Y Fullerton Y Gardner Y Geisinger N Glanton E Golick N Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield N Heard

N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B
Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A N Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

N Stephenson Y Talton N Taylor Y Teilhet Y Thomas N Thompson Y Walker
Weldon Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix N Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 102, nays 58.

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

Representative Frazier of the 123rd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Mangham of the 94th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Weldon of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Williams of the 165th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 344.

HB 487. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:

A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to increase the employee contribution to such fund; to increase certain fines and fees; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 9, 2009

1835

The report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague E Benfield Y Benton Y Black Y Brooks
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
Collins, D Y Collins, T Y Cooper Y Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A
Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts
Rogers

On the passage of the Bill, the ayes were 157, nays 1.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Weldon of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 488. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:

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JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses' benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to provide eligibility criteria for creditable service; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague E Benfield Y Benton Y Black Y Brooks
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, D Y Collins, T Y Cooper Y Cox

Y Crawford Davis, H
Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 159, nays 0.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C
Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

MONDAY, MARCH 9, 2009

1837

The Bill, having received the requisite constitutional majority, was passed.
Representatives Lucas of the 139th and Weldon of the 3rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Due to a mechanical malfunction, the vote of Representative Davis of the 122nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
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 126 Do Pass
Respectfully submitted, /s/ Mills of the 25th
Chairman
Representative Bearden of the 68th District, Secretary 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 163 Do Pass
Respectfully submitted, /s/ Bearden of the 68th
Secretary
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

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HB 160. By Representatives Cole of the 125th, Neal of the 1st, Pruett of the 144th, Hanner of the 148th and Talton of the 145th:
A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to fees to be paid to the Department of Driver Services; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to increase the fees paid to the Department of Driver Services for reinstatement or restoration of suspended or revoked drivers' licenses; to amend Article 9 of Chapter 6 of Title 40 of the O.C.G.A., relating to speed restrictions, so as to specify that instruments charging violations of speed regulations shall state whether the violation occurred on a two-lane road or highway; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following amendment was read and ruled not germane:
Representative Collins of the 27th moves to amend HB 160 (LC 34 2013-EC) by inserting immediately after "offenses;" on line 9, the following:
to amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and motorists allowed to continue to safe location before stopping for law enforcement officer vehicles, so as to provide for the operation of speed detection devices from certain unmarked vehicles;
By substituting for lines 268 through 270 the following:
Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and motorists allowed to continue to a safe location before stopping for law enforcement officer vehicles, is amended by revising said Code section as follows:
"40-8-91. (a) Except as provided in subsection subsections (b) and (g) of this Code section, any motor vehicle which is used on official business by any person authorized to make arrests for traffic violations in this state, or any municipality or county thereof, shall be distinctly marked on each side and the back with the name of the agency responsible therefor, in letters not less than four inches in height. (b) Any motor vehicle, except as hereinafter provided in this subsection or in subsection (g) of this Code section, used by any employee of the Georgia State Patrol for the purpose of enforcing the traffic laws of this state shall be distinctly painted, marked, and equipped in such manner as shall be prescribed by the commissioner of public safety pursuant to this Code section. The commissioner in prescribing the manner in which such vehicles shall be painted, marked, or equipped shall:

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(1) Require that all such motor vehicles be painted in a two-toned uniform color. The hood, top, and the top area not to exceed 12 inches below the bottom of the window opening thereof shall be a light gray color and the remaining portion of said motor vehicle shall be painted a dark blue color; (2) Require that any such motor vehicle be equipped with at least one lamp which when lighted shall display a flashing or revolving colored light visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle; and (3) Require that any such motor vehicle shall be distinctly marked on each side and the back thereof with the wording 'State Patrol' in letters not less than six inches in height of a contrasting color from the background color of the motor vehicle. Notwithstanding the above provisions, it shall be permissible for the commissioner to allow not more than five motor vehicles per State Patrol post to be employed in traffic law enforcement which are painted any solid color designated by the commissioner and marked with 'State Patrol' in six inch high letters of a contrasting color. (c) It shall be unlawful for any person, except persons lawfully entitled to own vehicles for law enforcement purposes, to paint, mark, or equip any motor vehicle in the same manner prescribed by this Code section or by the commissioner for law enforcement vehicles. (d) When a law enforcement vehicle is disposed of, or is not in use for law enforcement, the lettering and colored lights must be removed. Any person using such vehicle for personal use prior to removing colored lights and lettering shall be guilty of a misdemeanor. (e) Whenever a motorist driving on the roadways of this state is directed to stop by a law enforcement officer in a law enforcement vehicle marked as required under this Code section or in an unmarked vehicle as provided in subsection (g) of this Code section, the motorist may continue to drive until a reasonably safe location for stopping is reached. Such motorist shall indicate to the officer his or her intent to proceed to a safe location by displaying the vehicle's flashing lights or turn signal. In proceeding to a safe location, the motorist shall observe the posted maximum speed limit. (f) An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section. (g) The commissioner may authorize a trooper certified to operate a speed detection device, as provided under Article 2 of Chapter 14 of Title 40, to operate such device from an unmarked vehicle and make traffic stops of speeding violators, provided that: (1) The trooper is acting within his or her official capacity as an officer of a law enforcement agency; (2) The trooper is in full uniform and displays his or her badge to the driver of the stopped vehicle immediately upon approaching such driver; (3) The stop is conducted by displaying the vehicle's flashing lights and audible siren; and

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(4) Vehicle stops of violators are made only during daylight hours; for purposes of this paragraph, 'daylight hours' means no earlier than 30 minutes after sunrise and no later than 30 minutes before sunset."

PART IV SECTION 13. Parts I and III of this Act shall become effective on July 1, 2009. Part II of this Act shall become effective on January 1, 2010.

SECTION 14.

Representative Jerguson of the 22nd moved that HB 160 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 Allison Y Amerson Y Anderson N Ashe Y Austin N Baker N Barnard Y Battles Y Bearden N Beasley-Teague E Benfield Y Benton Y Black Y Brooks Y Bruce N Bryant N Buckner N Burkhalter Y Burns N Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers N Channell Y Cheokas N Coan N Cole N Coleman N Collins, D Y Collins, T N Cooper N Cox

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day N Dempsey N Dickson N Dobbs N Dollar N Dooley E Drenner Y Dukes N Ehrhart N England N Epps, C N Epps, J Y Everson E Floyd Y Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton E Golick N Gordon Y Graves N Greene Y Hamilton N Hanner N Harbin N Harden, B N Harden, M Y Hatfield N Heard

Y Heckstall N Hembree N Henson N Hill, C N Hill, C.A N Holt Y Horne E Houston Y Howard N Hudson N Hugley N Jackson N Jacobs Y James Y Jerguson N Johnson, C N Johnson, T N Jones, J N Jones, S Y Jordan N Kaiser N Keen N Keown N Knight Y Knox Y Lane, B Y Lane, R N Levitas N Lindsey Y Long Y Loudermilk N Lucas N Lunsford Y Maddox, B N Maddox, G N Mangham

N Manning N Marin N Martin N Maxwell N May N Mayo Y McCall N McKillip N Meadows N Millar N Mills N Mitchell N Morgan Y Morris Y Mosby Y Murphy N Neal N Nix N Oliver N O'Neal Y Parham Y Parrish N Parsons N Peake N Porter Y Powell, A N Powell, J N Pruett Y Ralston N Ramsey N Randall N Reece E Reese N Rice N Roberts Y Rogers

Y Rynders N Scott, A Y Scott, M Y Sellier N Setzler Y Shaw N Sheldon N Shipp N Sims, B E Sims, C Y Sinkfield N Smith, B
Smith, L N Smith, R N Smith, T N Smith, V N Smyre N Stephens, M
Stephens, R N Stephenson N Talton Y Taylor N Teilhet N Thomas Y Thompson N Walker E Weldon N Wilkinson N Willard N Williams, A N Williams, E N Williams, M N Williams, R N Wix N Yates
Richardson, Speaker

MONDAY, MARCH 9, 2009

1841

On the motion, the ayes were 55, nays 112.

The motion 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:

E Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague E Benfield N Benton N Black N Brooks N Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd N Carter, A
Carter, B Casas N Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman N Collins, D N Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley E Drenner N Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson E Floyd N Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt N Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs N James 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 N Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning Y Marin N Martin Y Maxwell N May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan N Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal N Parham N Parrish Y Parsons Y Peake Y Porter N Powell, A N Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice N Roberts N Rogers

On the passage of the Bill, the ayes were 113, nays 53.

N Rynders Y Scott, A N Scott, M Y Sellier Y Setzler N Shaw N Sheldon Y Shipp Y Sims, B E Sims, C N Sinkfield N Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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

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HB 400. By Representatives Millar of the 79th, Lindsey of the 54th, Pruett of the 144th, Amerson of the 9th and Ashe of the 56th:
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 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 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 legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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

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20-2-325. This part shall be known and may be cited as the 'Building Resourceful Individuals to Develop Georgia's Economy Act.'
20-2-326. For purposes of this part, the term:
(1) 'Articulation' means agreement between a high school and a postsecondary institution regarding the awarding of both secondary and postsecondary credit for a dual enrollment course. (2) '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 or the Georgia Charter Schools Commission in accordance with Article 31A 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. (3) '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. (4) 'Chronically low-performing high school' means a public high school in this state with a graduation rate less than 60 percent for three consecutive years, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data or that has not made adequate yearly progress for three consecutive years, as defined by the Office of Student Achievement. (5) '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. (6) 'Graduation plan' means a student specific plan developed in accordance with paragraph (7) of subsection (a) of Code Section 20-2-327 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.

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(7) '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. (8) 'Public college or university' means a two-year or four-year college, university, or other institution under the auspices of the Board of Regents of the University System of Georgia. (9) '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 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. (10) 'Technical school or college' means a school, college, institution, or other branch of the Technical College System of Georgia.
20-2-327. (a)(1) The Department of Education shall develop focused programs of study in high demand, high skill, and high wage academic and career fields in accordance with a phase-in schedule as determined by the state board. (2) Focused programs of study 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 focused programs of study the flexibility for a student to pursue courses at the school of attendance, at a technical school or college, at a public college or university, at a work site under an apprenticeship cooperative

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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 committee which includes high school teachers; school counselors; representatives from the Board of Regents of the University System of Georgia, the Technical College System of Georgia, and employers; and others as deemed appropriate by the department. These committees shall develop and recommend a focused program of study which blends academic and technical content developed around college and career readiness standards with real world problems and projects for students. Recommendations shall include state-wide articulation and dual enrollment courses between local school systems and postsecondary institutions to provide seamless pathways for adequately prepared high school students to move directly into postsecondary education. The committees shall develop measures to certify equivalency in content and rigor for all state-wide articulation and dual enrollment courses and shall follow related policies and procedures established by the Department of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education for awarding articulation and dual enrollment credit which shall be based on students qualifying to enroll in credit bearing postsecondary courses. (5) Student performance at the advanced proficiency/honors level on any assessments required for purposes of high school graduation shall be recognized as: (1) meeting postsecondary entrance test requirements, and (2) qualifying students to enroll in credit-bearing postsecondary course work in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (6) Secondary and postsecondary credit shall be awarded immediately upon successful completion of any articulated or dual enrollment course in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (7) Beginning with the 2009-2010 school year, students in the sixth, seventh, and eighth grades shall be provided counseling, advisement, career awareness, career interest inventories, and information to assist them in evaluating their academic skills and career interests. Before the end of the second semester of the eighth grade, students shall select a preferred focused program of study and develop an individual graduation plan in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee. High school students shall be provided guidance, advisement, and counseling annually that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to postsecondary study, further training, or employment. An individual graduation plan shall:

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(A) 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; (B) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (C) Align educational and broad career goals and a student's course of study; (D) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (E) Include experience based, career oriented learning experiences which may include, but not be limited to, internships, apprenticeships, mentoring, co-op education, and service learning; (F) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (G) 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 (H) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (8) The Department of Education shall provide training for 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 middle or high school. (9) No later than July 1, 2011, the State Board of Education, in collaboration with the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall establish a process for certifying all focused 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 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. (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 (d) 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:

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(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 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 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. (c) No later than July 1, 2010, the State Board of Education shall promulgate rules and regulations for chronically low-performing high schools receiving a reform grant pursuant to subsection (d) of this Code section to make the high schools more relevant

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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) 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 high schools pursuant to this part. The state board shall establish program requirements in accordance with the provisions of this part and 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 (d) 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 or a public college or university, 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) Provide students in the ninth through twelfth grades information on educational programs offered in high school, in technical and community colleges, in colleges and

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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 revising, if appropriate, the individual graduation plan developed pursuant to paragraph (7) of subsection (a) of Code Section 20-2-327; (4) Enroll students no later than ninth grade into one of the following options for earning a high school diploma and preparing students for postsecondary education and a career which will include a structured program of academic study with in-depth studies in:
(A) Mathematics and science; (B) Humanities, fine arts, and foreign language; or (C) 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. 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, 2010, 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, 2020, with annual incremental targets.

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20-2-329.1. (a) 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. (b) 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.

20-2-329.3. It is the intent of the General Assembly that it is strongly discouraged that this part be waived by the State Board of Education pursuant to Article 4 of this chapter, Code Section 20-2-244, or Code Section 20-2-2065."

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 is 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 reading, writing, mathematics, and English."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs

Y Heckstall Hembree
Y Henson Hill, C
Y Hill, C.A Y Holt Y Horne E Houston

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip

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

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Y Barnard Y Battles Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Dollar Y Dooley E Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston
Ramsey Y Randall Y Reece E Reese
Rice Y Roberts E Rogers

Y Sims, B E Sims, C Y Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon 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 153, nays 2.

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

Representatives Ehrhart of the 36th, Hembree of the 67th, and Knox of the 24th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 306. By Representatives Walker of the 107th, Ralston of the 7th and Reese of the 98th:

A BILL to be entitled an Act to amend Chapter 6 of the Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide legislative findings and intent; to provide for a program of electronic pretrial release and monitoring of criminal defendants; to provide the standards, terms, and conditions for such program; to provide for penalties for violating the terms of such program; to provide for fees for such monitoring; to provide for the payment of such fees by the sheriff under certain circumstances; to provide for the revocation of participation in such

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program under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 6 of the Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide legislative findings and intent; to provide for an electronic pretrial release and monitoring program for defendants; to provide the standards, terms, and conditions for such program; to provide for penalties for violating the terms of such program; to provide for fees for such monitoring; to provide for the payment of such fees by the sheriff under certain circumstances; to provide for the revocation of participation in such program under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that a program of electronic pretrial release, monitoring, and home confinement incorporates modern technology to accomplish the following purposes, including, but not limited to:
(1) Ensuring proper prioritization of local incarceration resources; (2) Improving child support collections by giving nonpayors an opportunity to maintain employment while under electronic surveillance; (3) Better protecting crime victims by global positioning satellite (GPS) tracking and monitoring of pretrial release offenders to better ensure ongoing protection of crime victims; (4) Permitting defendants with extraordinary health problems to seek appropriate medical care; (5) Assisting sheriffs in alleviating jail overcrowding by creating alternative methods of pretrial release and monitoring and home confinement; (6) Reducing the costs of pretrial detention to governing authorities of counties as the costs of self-paid, electronic pretrial release and monitoring are substantially less than pretrial incarceration; and (7) Creating instant alert capabilities to law enforcement in the event terms of pretrial release are violated.
SECTION 2. Chapter 6 of the Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by adding a new Code section to read as follows:
"17-6-1.1.

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(a) In addition to other methods of posting bail or as special condition of bond, a defendant may be released from custody pending the trial of his or her case on the condition that the defendant comply with the terms and conditions of an electronic pretrial release and monitoring program which is approved pursuant to subsection (j) of this Code section. The sheriff of a county may enter into agreements with such approved providers. A bonding company, bonding agent, or probation service provider may be a provider of such services. (b) If it appears to the court that a defendant subject to its jurisdiction is a suitable candidate for electronic pretrial release and monitoring, the court may, in its sole discretion and subject to the eligibility requirements of this Code section, authorize the defendant to be released under the provisions of an electronic pretrial release and monitoring program. A judge may only authorize electronic pretrial release and monitoring if that judge has jurisdiction to set a bond for the offense charged and the defendant is otherwise eligible for bond under subsection (e) of Code Section 17-6-1. When a court of competent jurisdiction has already set bond for a defendant indicating that the defendant is otherwise eligible for release on bail pursuant to subsection (e) of Code Section 17-6-1, in addition to accepting cash in satisfaction of the bond set by a court, the court may instruct the sheriff that the defendant is to be released to an electronic pretrial release and monitoring program. (c) The court, in its sole discretion, may revoke at any time the eligibility of any defendant to participate in the electronic pretrial release and monitoring program in which event the defendant shall be immediately returned to custody. If the defendant's case has not been assigned to a particular division of the court, the chief judge shall have such authority. (d) A defendant may not be released to, or remain in, an electronic pretrial release and monitoring program who has any other outstanding warrants, accusations, indictments, holds, or incarceration orders from any other court, law enforcement agency, or probation or parole officer that require the posting of bond or further adjudication. (e) A defendant released pursuant to an electronic pretrial release and monitoring program shall abide by such conditions as the court may impose relating to such program, including, but not limited to, the following:
(1) Periods of home confinement; (2) Compliance with all requirements and conditions of the electronic pretrial release and monitoring program provider; (3) Compliance with any court orders or special conditions of bond which may include an order directing that no contact, direct or indirect, be made with the victim or forbidding entry upon, about, or near certain premises; (4) An order directing that the accused provide support and maintenance for the person's dependents to the best of his or her ability; (5) Restrictions on the use of alcoholic beverages and controlled substances; (6) Curfews; (7) Limitations on work hours and employment;

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(8) An order directing the accused to submit to test of breath, blood, or urine from time to time; (9) Travel restrictions; (10) An order directing that electronic pretrial release and monitoring equipment be kept in good working condition; (11) An order directing that the person refrain from violating the criminal laws of any state, county, or municipality; (12) An order directing timely payment of all fees connected with the electronic pretrial release and monitoring program; (13) Payroll deductions to fund electronic pretrial release and monitoring fees; (14) Provisions to permit reasonable medical treatment; (15) Provisions for procuring reasonable necessities, such as grocery shopping; (16) Provisions for attendance in educational, rehabilitative, and treatment programs; and (17) Such other terms and conditions as the court may deem just and proper. (f) Under no circumstances shall electronic pretrial release and monitoring equipment be introduced internally or beneath the skin of any person. (g) In the event that a court of competent jurisdiction finds probable cause, upon oath, affirmation, or sworn affidavit, that a defendant has violated the terms or conditions of his or her electronic pretrial release and monitoring program, other than terms regarding home confinement set forth in paragraph (1) of subsection (e) of this Code section, or finds that the defendant provided false or misleading information concerning his or her qualifications to participate in the electronic pretrial release and monitoring program, including, but not limited to, name, date of birth, address, or other personal identification information, then the defendant's ongoing participation in such program shall be terminated immediately and, upon arrest of the defendant for such violation by any law enforcement officer, the defendant shall be returned to confinement at the county jail or other facility from which the defendant was released. (h)(1) As an additional condition of electronic pretrial release and monitoring, a defendant authorized to participate in such program by the court shall pay a reasonable, nonrefundable fee for program enrollment, equipment use, and monitoring to the provider of such program. If a bonding company, bonding agent, or probation service provider is the provider, the fees earned in the capacity of being such a provider shall be in addition to the fees allowed in Code Sections 17-6-30, 42-8-34, and 42-8-100. (2) The fees connected with the electronic pretrial release and monitoring program shall be timely paid by a defendant as a condition of his or her ongoing participation in the electronic pretrial release and monitoring program in accordance with the terms for such programs as approved by the court. Failure to make timely payments shall constitute a violation of the terms of the electronic pretrial release and monitoring program and shall result in the defendant's immediate return to custody. (3) Defendants who have an extraordinary medical conditions requiring ongoing medical treatment or indigent persons, as defined by the court, and who are selected

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by the court following the indigency standards established by the court may have such electronic pretrial release and monitoring fees paid by the sheriff with the consent of the governing authority. (i) No defendant released under an electronic pretrial release and monitoring program under this Code section shall be deemed to be an agent, employee, or involuntary servant of the county or the electronic pretrial release and monitoring provider while so released, working, or participating in training or going to and from the defendant's place of employment or training. Neither the electronic pretrial release and monitoring provider nor the sheriff shall be civilly liable for the criminal acts of a defendant released pursuant to this Code section. (j) Any person or corporation approved by the chief judge of the court and the sheriff in their discretion who meets the following minimum requirements may be approved to provide electronic pretrial release and monitoring services: (1) The provider shall comply with all applicable federal, state, and local laws and all rules and regulations established by the chief judge and the sheriff in counties where the provider provides electronic pretrial release and monitoring services; (2) The provider shall provide the chief judge and the sheriff with the name of the provider, the name of an individual who shall serve as the contact person for the provider, and the telephone number of such contact person; (3) The provider shall promptly, not later than three business days after such change, notify the chief judge and sheriff of any changes in its address, ownership, or qualifications under this Code section; (4) The provider shall provide simultaneous access to all records regarding all monitoring information, GPS tracking, home confinement, and victim protection regarding each person placed on electronic pretrial release and monitoring; and (5) The provider shall act as surety for the bond. (k) The sheriff shall maintain a list of approved providers of electronic pretrial release and monitoring services. The sheriff, in his or her discretion, may temporarily or permanently remove any provider from the list of approved providers should the provider: (1) Fail to comply with the requirements of this Code section; (2) Fail to monitor properly any defendant that the provider was required to monitor; (3) Charge an excessive fee for use and monitoring of electronic monitoring equipment; or (4) Act or fail to act in such a manner that, in the discretion of the sheriff, constitutes good cause for removal."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 133, Representative Cox of the 102nd was excused from voting on HB 306.

1856

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns E Butler E Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper
Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Hembree
Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne E Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts E Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet
Thomas Y Thompson Y Walker Y Weldon 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 0.

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

Representatives Hembree of the 67th and Knox of the 24th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

MONDAY, MARCH 9, 2009

1857

HB 195. By Representatives Williams of the 178th, Ramsey of the 72nd, Levitas of the 82nd, Maddox of the 127th, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide that members of an electric membership corporation shall be qualified to serve as a juror or grand juror in cases in which the electric membership corporation is a party or is interested; 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 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide that members of an electric membership corporation may be competent to serve as a juror under certain circumstances in cases in which the electric membership corporation is a party or is interested; to provide for related matters; to provide an effective date; to repeal conflicting laws; for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, is amended by adding a new Code section to read as follows:
"15-12-137.1. A member of an electric membership corporation shall not be incompetent, based solely on such membership, to serve as a juror in a case in which the electric membership corporation is a party or is interested; provided, however, that if the judge in such case finds that the nature of the case or that the circumstances surrounding a potential juror's membership in an electric membership corporation may cause a potential juror to have a bias or prejudice for or against the electric membership corporation in that case, the judge may grant a party's motion to disqualify such member for cause."
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.

1858

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns E Butler E Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix E Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts E Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Shipp Y Sims, B E Sims, C Y Sinkfield Smith, B Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Walker Y Weldon 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.

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.

MONDAY, MARCH 9, 2009

1859

HB 227. By Representatives Dempsey of the 13th, Keen of the 179th, Sims of the 119th, Carter of the 175th, Willard of the 49th 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 primaries and elections generally, so as to provide for the confidentiality of the addresses of certain registered voters; to provide for the manner of invoking such confidentiality; to provide for the terms and conditions of such confidentiality; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd E Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson
Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix E Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts E Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson
Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

1860

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 155, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
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 318. By Representatives McCall of the 30th and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; 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 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of certain motor vehicles; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, is amended by revising subsection (a) as follows:
"(a)(1) For purposes of this subsection, the term 'functionally located' means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may be consecutive.
(2)(A) Except as otherwise provided in paragraph (3) of this subsection, each Each motor vehicle owned by a resident of this state shall be returned:
(i) In in the county where the owner claims a homestead exemption; or, (ii) If if no such exemption is claimed, then in the county of the owner's domicile; or,

MONDAY, MARCH 9, 2009

1861

(iii) If if the motor vehicle is primarily used in connection with some established business enterprise located in a different county, in the county where the business is located. (B) A motor vehicle owned by a resident of this state may be registered in the county where the vehicle is functionally located if the vehicle is a passenger car as defined in paragraph (41) of Code Section 40-1-1. Such vehicle shall first be returned for taxation as provided in subparagraph (A) of this paragraph. This subparagraph shall not apply with respect to any vehicle which is used by a student enrolled in a college or university in this state in a county other than the student's domicile. (C) Each motor vehicle owned by a nonresident shall be returned in the county where the motor vehicle is situated. (3)(A) As used in this paragraph, the term: (i) 'Family owned qualified farm products producer' shall have the same meaning as provided in paragraph (2) of Code Section 48-5-41.1. (ii) 'Passenger car' shall have the same meaning as provided for in paragraph (41) of Code Section 40-1-1. (iii) 'Truck' shall have the same meaning as provided for in paragraph (70) of Code Section 40-1-1. (B) If a passenger car or truck is primarily used in connection with some established farm operated by a family owned qualified farm products producer located in a county other than the county where the owner claims a homestead exemption or the county of the owner's domicile, such passenger car or truck shall be returned in the county where the farm operated by a family owned qualified farm products producer is located. (3)(4) Any person who shall knowingly make any false statement in any application for the registration of any vehicle, in transferring any certificate of registration, or in applying for a new certificate of registration shall be guilty of false swearing, whether or not an oath is actually administered to such person, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10-71."
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.

1862

JOURNAL OF THE HOUSE

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

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

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts E Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B Y Smith, L
Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson
Talton Y Taylor Y Teilhet Y Thomas Y Thompson
Walker Y Weldon 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.

Representatives Knox of the 24th and Smith of the 131st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

MONDAY, MARCH 9, 2009

1863

HB 333. By Representative Knight of the 126th:

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 pertaining to the Georgia Building Authority, so as to exempt the authority from certain sales and use tax; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

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

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas
Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix E Oliver
O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Rice Y Roberts E Rogers

On the passage of the Bill, the ayes were 153, nays 0.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

1864

JOURNAL OF THE HOUSE

The Bill, having received the requisite constitutional majority, was passed.
HB 452. By Representatives Buckner of the 130th, Meadows of the 5th, Maxwell of the 17th and Gardner of the 57th:
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 a statement of legislative intent; to provide that certain members of the Employees' Retirement System of Georgia, Public School Employees Retirement System, Georgia Legislative Retirement System, and Georgia Judicial Retirement System shall not be eligible to receive any postretirement benefit adjustment; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide a statement of legislative intent; to provide that certain members of the Employees' Retirement System of Georgia, Georgia Legislative Retirement System, and Georgia Judicial Retirement System shall not be eligible to receive any postretirement benefit adjustment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly is desirous of providing an established annual cost-of-living adjustment to all current active and retired members of the Employees' Retirement System of Georgia, the Georgia Legislative Retirement System, and the Georgia Judicial Retirement System. In order to do so, limiting future liability of the systems by adjusting the retirement expectations of persons who are newly employed is a regrettable but necessary step toward fiscal soundness.
SECTION 2. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising Code Section 47-2-29, relating to postretirement benefit adjustments under the Employees' Retirement System of Georgia, by adding a new subsection to read as follows:
"(c) Notwithstanding any other provision of this Code section, no member who becomes a member of this retirement system on or after July 1, 2009, shall be entitled to receive any postretirement benefit adjustment."

MONDAY, MARCH 9, 2009

1865

SECTION 3. Said title is further amended by revising Code Section 47-6-80, relating to eligibility and application for a retirement allowance under the Georgia Legislative Retirement System, early retirement, amount of retirement allowance, and increases in retirement allowance, by adding a new subsection to read as follows:
"(g) Notwithstanding any other provision of this Code section, no member who becomes a member of this retirement system on or after July 1, 2009, shall be entitled to receive any postretirement benefit adjustment."

SECTION 4. Said title is further amended by revising Code Section 47-23-21, relating to the authority of the Board of Trustees of the Georgia Judicial Retirement System, by adding a new subsection to read as follows:
"(e) Notwithstanding the provisions of subsection (d) of this Code section, no member who becomes a member of this retirement system on or after July 1, 2009, shall be entitled to receive any postretirement benefit adjustment."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter
Burns Y Butler

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin
Frazier Y Fullerton

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen

Y Manning Y Marin E Martin Y Maxwell Y May Y Mayo
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix E Oliver
O'Neal Y Parham Y Parrish

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor

1866

JOURNAL OF THE HOUSE

E Byrd E Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts E Rogers

Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 157, nays 0.

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 585. By Representatives Drenner of the 86th, Benfield of the 85th, Henson of the 87th, Stephens of the 164th, Parrish of the 156th and others:

A RESOLUTION commending Tyler Perry and inviting "Madea in the House"; and for other purposes.

HR 586. By Representative Walker of the 107th:
A RESOLUTION congratulating the Loganville High School baseball team on winning the 2008 Class AAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes.

HR 587. By Representatives Howard of the 121st, Murphy of the 120th, Frazier of the 123rd, Stephens of the 161st and Gordon of the 162nd:
A RESOLUTION recognizing and honoring Mr. David M. Dupree and inviting him to appear before the House of Representatives; and for other purposes.

HR 588. By Representative Burkhalter of the 50th:
A RESOLUTION recognizing March 12, 2009, as Catholic Day at the state capitol and inviting Archbishop of Atlanta Wilton D. Gregory to appear before the House of Representatives; and for other purposes.

MONDAY, MARCH 9, 2009

1867

HR 589. By Representative Hanner of the 148th:
A RESOLUTION congratulating the Terrell Academy Lady Eagles basketball team on winning the 2009 GISA Class A State Championship 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 590. By Representatives Gardner of the 57th, Hill of the 180th, Smith of the 70th, Dempsey of the 13th, Hugley of the 133rd and others:
A RESOLUTION recognizing the Museum of the Terracotta Warriors and Horses, the Chinese Peoples Association for Friendship with Foreign Countries, Chinese Ambassador Zhou Wenzhong, and Mike Eskew, former CEO of UPS; and for other purposes.
HR 591. By Representatives Drenner of the 86th, Benfield of the 85th, Henson of the 87th, Manning of the 32nd, Oliver of the 83rd and others:
A RESOLUTION designating March 22, 2009, as "Georgia Water Day 2009" at the state capitol; and for other purposes.
HR 592. By Representatives Drenner of the 86th, Taylor of the 55th and Bruce of the 64th:
A RESOLUTION recognizing March 19, 2009, as Deep-Vein Thrombosis Awareness Day at the state capitol; and for other purposes.
HR 593. By Representative Wilkinson of the 52nd:
A RESOLUTION honoring the life and memory of Mr. Matthew Joseph Flynn; and for other purposes.
HR 594. By Representative Ramsey of the 72nd:
A RESOLUTION recognizing and commending Devin Philip Kubit; and for other purposes.
HR 595. By Representative Davis of the 122nd:
A RESOLUTION commending the 2009 Divine Performing Arts and recognizing their 2009 World Tour coming to Augusta, Georgia; and for other purposes.

1868

JOURNAL OF THE HOUSE

HR 596. By Representatives Drenner of the 86th and Benfield of the 85th:
A RESOLUTION commending the Avondale Pizza Cafe; and for other purposes.
HR 597. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th:
A RESOLUTION recognizing and commending Greg Reid; and for other purposes.
HR 598. By Representatives Holt of the 112th and Smith of the 113th:
A RESOLUTION recognizing and commending Antioch Baptist Church on the occasion of its bicentennial; and for other purposes.
HR 599. By Representatives Holt of the 112th, Lunsford of the 110th and Collins of the 95th:
A RESOLUTION honoring the life and memory of Mr. Ronald E. Carter; and for other purposes.
HR 600. By Representative Kaiser of the 59th:
A RESOLUTION congratulating and commending St. Paul United Methodist Church; and for other purposes.
HR 601. By Representatives Carter of the 159th, Stephens of the 164th and Burns of the 157th:
A RESOLUTION honoring the life and memory of Mr. James Allen Clary, Jr.; and for other purposes.
HR 602. By Representative Kaiser of the 59th:
A RESOLUTION recognizing and commending Major James Sellers; and for other purposes.
HR 603. By Representatives Porter of the 143rd, Randall of the 138th, Epps of the 140th, Peake of the 137th, Sellier of the 136th and others:
A RESOLUTION recognizing and commending Mr. Frank Fields on the occasion of his retirement; and for other purposes.

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1869

HR 604. By Representatives Porter of the 143rd, Randall of the 138th, Epps of the 140th, Peake of the 137th, Sellier of the 136th and others:
A RESOLUTION honoring Dr. Bruce Stuart Allen for his accomplishments and on the occasion of his appointment as the first Honorary Consul of the Principality of Liechtenstein; and for other purposes.
SR 504. By Senators Orrock of the 36th, Reed of the 35th, Jones of the 10th, Tate of the 38th, Fort of the 39th and others:
A RESOLUTION recognizing and commending Ebenezer Baptist Church in Atlanta, Georgia; and for other purposes.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II).
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II).
By unanimous consent, the House insisted on its position in disagreeing to the Senate substitute to HB 118 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.

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The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th.
Representative Meadows of the 5th District, Vice-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 568 Do Pass, by Substitute
Respectfully submitted, /s/ Meadows of the 5th
Vice-Chairman
Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 123 Do Pass, by Substitute
Respectfully submitted, /s/ Knox of the 24th
Chairman
Representative Smith of the 168th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

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HB 703 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 168th
Chairman
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II).
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Williams of the 19th, and Rogers of the 21st.
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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 493 Do Pass SB 79 Do Pass
Respectfully submitted, /s/ Manning of the 32nd
Chairman
Representative Hatfield of the 177th District, Vice-Chairman of the Committee on Judiciary Non-Civil, submitted the following report:

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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 177 HB 323 HB 549

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Hatfield of the 177th
Vice-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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 662 HR 562 SB 102

Do Pass, by Substitute Do Pass Do Pass

Respectfully submitted, /s/ Day of the 163rd
Chairman

Representative Maxwell of the 17th 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 249 Do Pass, by Substitute

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Respectfully submitted, /s/ Maxwell of the 17th
Chairman

Representative Burns of the 157th 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 579 Do Pass, by Substitute

Respectfully submitted, /s/ Burns of the 157th
Chairman

Representative Knight of the 126th District, Secretary 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 355 HB 435 HB 439

Do Pass Do Pass Do Pass, by Substitute

HB 480 Do Pass, by Substitute HB 481 Do Pass, by Substitute

Respectfully submitted, /s/ Knight of the 126th
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.

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Representative Hall, Atlanta, Georgia

Tuesday, March 10, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles
E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant
E Buckner Burns Byrd Carter, A Casas Chambers Cheokas Coleman Collins, D Collins, T Cooper Cox Crawford

Davis, S Dawkins-Haigler Day Dempsey E Dickson Dobbs Dollar Dooley E Drenner Dukes Ehrhart Epps, J Everson E Floyd Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner E Harbin Harden, B Harden, M

Hatfield Heard Hembree E Henson Hill, C Hill, C.A Holt Horne E Houston Howard Hugley Jackson Jacobs James Jerguson E Johnson, T Jones, J Jones, S E Jordan Kaiser Keown Knight Knox Lane, R Levitas Lindsey Long Loudermilk Maddox, B Maddox, G

Manning Marin E Martin Maxwell May Mayo McCall McKillip Meadows Mills Mitchell Morgan Mosby Murphy Neal Nix E Oliver O'Neal Parsons Peake Porter Powell, J E Ralston Ramsey Randall Reece Reese Rice Roberts Rogers

Rynders Scott, A E Scott, M Sellier Setzler Shaw Sheldon Sims, B E Sims, C E Smith, L E Smith, T Smith, V Smyre Stephens, M E Stephenson Talton Teilhet Thomas Thompson Weldon 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, Burkhalter of the 50th, Butler of the 18th, Carter of the 159th, Channell of the 116th, Coan of the 101st, Davis of the 122nd, England of the 108th, Epps of the 128th, Hudson of the 124th, Johnson of the 75th, Keen of the 179th, Lane of the 158th, Lucas of the 139th, Lunsford of the 110th, Mangham of the 94th, Millar of the 79th, Morris of the 155th, Parham of the 141st, Parrish of the 156th, Powell of the 29th, Pruett of the 144th, Shipp of the 58th, Sinkfield of the 60th, Stephens of the 164th, Taylor of the 55th, Walker of the 107th, and Wix of the 33rd.

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1875

They wish to be recorded as present.
Prayer was offered by Reverend Paul Anthony McFarlan, First Salem Baptist Church, Butler, Georgia.
The members pledged allegiance to the flag.
Representative Franklin of the 43rd, Vice-Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 708. By Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, Hill of the 180th, Ralston of the 7th, Taylor of the 55th 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 provide that it shall be unlawful to sell, distribute, or advertise any food product bearing on the labeling or packaging or advertising the name of any Schedule II controlled substance; to provide a penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary Non-Civil.
HB 709. 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 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 710. By Representatives Greene of the 149th, Powell of the 171st and Dukes of the 150th:
A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to change certain provisions relating to a definition; to change certain provisions relating to composition, terms, quorum, and voting; to change certain provisions relating to powers of the authority; to change certain provisions relating to bonds of the authority; to change certain provisions relating to rules and regulations; to change certain provisions relating to effects on powers of local governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 711. By Representative Morris of the 155th:
A BILL to be entitled an Act to create a board of elections and registration for Toombs County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for procedures; to provide for appointment of a chief election official; to provide for meetings; to provide for employment of full-time and part-time employees; to provide for compensation of board members and employees of the board; to provide for expenditure of public funds for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

TUESDAY, MARCH 10, 2009

1877

HB 712. By Representatives O`Neal of the 146th, Sellier of the 136th, Harden of the 147th and Talton of the 145th:
A BILL to be entitled an Act to authorize the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 713. By Representatives O`Neal of the 146th, Sellier of the 136th, Harden of the 147th and Talton of the 145th:
A BILL to be entitled an Act to authorize the governing authority of the City of Perry to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 714. By Representative Marin of the 96th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4727) and by an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), so as to change the terms of the mayor and city councilmembers; to provide that the mayor and councilmembers shall be elected by a plurality; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 715. By Representative Marin of the 96th:
A BILL to be entitled an Act to authorize the governing authority of the City of Norcross to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 718. By Representatives Willard of the 49th, Lindsey of the 54th, Bruce of the 64th, Wilkinson of the 52nd, Geisinger of the 48th and others:
A BILL to be entitled an Act to amend an Act relating to the compensation and salary supplements of the judges of the superior court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to provide for certain employment benefits to be made available by Fulton County to said judges as a part of their compensation and salary supplement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 719. 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 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 tax expenditure reviews as a part of the budget report; to provide for a definition; to provide for contents and requirements of each report; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HR 581. By Representative Sims of the 169th:
A RESOLUTION encouraging the United States Congress to support the chicken growers of Georgia; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HR 582. By Representatives Williams of the 178th, Smith of the 168th and Lane of the 167th:
A RESOLUTION honoring George Hinson Mosley for his service to the people of Georgia and dedicating a road in his honor; and for other purposes.
Referred to the Committee on Transportation.

TUESDAY, MARCH 10, 2009

1879

HR 583. By Representatives England of the 108th, McCall of the 30th, Maddox of the 172nd, Collins of the 27th, James of the 135th and others:

A RESOLUTION requesting that Congress oppose federal legislation that interferes with a state's ability to direct the transport or processing of horses; 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 690 HB 691 HB 692 HB 693 HB 694 HB 695 HB 696 HB 697 HB 698 HB 699 HB 704 HB 705 HB 706 HB 707

HB 716 HB 717 HR 578 HR 579 HR 580 HR 584 SB 128 SB 144 SB 152 SB 194 SB 198 SB 200 SB 206 SR 291

Representative Rynders of the 152nd District, Chairman of the Committee on IntraGovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intra-Governmental Coordination has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:

HB 558 Do Pass, by Substitute

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

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Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 459 HB 657 HB 658 HB 660 HB 666 HB 670 HB 672

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

HB 682 HB 686 HB 687 HB 688 HB 689 HB 701

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

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

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

Mr. Speaker:

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

HB 622 Do Pass, by Substitute SB 97 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 TUESDAY, MARCH 10, 2009

Mr. Speaker and Members of the House:

TUESDAY, MARCH 10, 2009

1881

The Committee on Rules has fixed the calendar for this 29th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

HB 315 HB 324 HB 550 HB 552

Real estate brokers; certain disclosures made in writing; require (Substitute)(Judy-Barnard-166th) State courts; require payment of costs of an appeal; provisions (JudyRalston-7th) Insurance; mutual life insurer; additional method of payment; provide (Substitute)(Ins-Meadows-5th) Water well standards; contractors or drillers; change certain provisions (Substitute)(NR&E-Barnard-166th)

Modified Open Rule

HB 245 HB 254

Delinquent and unruly children; disposition; change provisions (Substitute)(JudyNC-Willard-49th) Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions (Judy-Peake-137th)

Modified Structured Rule

HB 115 HB 123 HB 168 HB 191 HB 303 HB 381 HB 473 HB 523

Distilled spirits; state license requirements; identifying information; provide (Substitute)(RegI-Jerguson-22nd) Sexual offenses; child molestation; define; change certain provisions (Substitute)(JudyNC-Ramsey-72nd) Telecommunications; modernize competition; provisions (EU&T-Cox102nd) (Rules Committee Substitute) Georgia State Employees' Pension and Savings Plan; retirement computations; provisions (Ret-Benton-31st) (Rules Committee Substitute) Child abuse reports; access to records; solicitors-general; authorize (Substitute)(JudyNC-Rogers-26th) Food; Georgia Food Act enforcement; change certain provisions (Substitute)(A&CA-England-108th) Community Affairs, Department of; grants for clean energy property; provisions (Substitute)(EU&T-Harbin-118th) Prescription drugs; brand necessary indication applies to refills; provisions (Substitute)(H&HS-Lunsford-110th)

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Structured Rule

HB 57
HB 228 HB 379 HB 438 HB 441 HB 484 HB 485

Motor vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate (Substitute)(MotV-Powell29th) State health and human services agencies; reorganize and reestablish; provisions (Substitute)(App-Butler-18th) Income tax; certain real estate investment trusts; disallow expenses paid; provisions (Substitute)(W&M-O`Neal-146th) Income tax; tax credits for qualified jobs and projects; comprehensive revision; provide (Substitute)(W&M-O`Neal-146th) Sales and use tax; refund claims; expedited payment; provisions (Substitute)(W&M-O`Neal-146th) HOPE scholarships and grants; dependent children of military personnel; provide (W&M-O`Neal-146th) Income tax; alternative credits for base year port traffic; provisions (Substitute)(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 Bills of the House were taken up for consideration and read the third time:

HB 459. By Representatives Fludd of the 66th, Bruce of the 64th, Willard of the 49th, Wilkinson of the 52nd, Jones of the 44th and others:

A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to revise extensively such Act and amendatory Acts; to provide for definitions; to provide for employee participation; to provide for employer contributions; to provide for normal retirement benefits; to provide for early retirement benefits; to proved for disability benefits; to provide for deferred vested benefit; to provide for a death benefit; to provide for payment of accrued benefit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL
To amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to revise extensively such Act and amendatory Acts; to provide for definitions; to provide for employee participation; to provide for employer contributions; to provide for normal retirement benefits; to provide for early retirement benefits; to proved for disability benefits; to provide for deferred vested benefit; to provide for a death benefit; to provide for payment of accrued benefit; to provide for miscellaneous provisions; to provide for administration; to provide for contributions; 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 providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, is amended by striking all provisions of such Act and all amendatory Acts and inserting in lieu thereof the following:
"ARTICLE I DEFINITIONS SECTION 1.01.
Definitions.
As used in this Act, the term: (1) 'Accrued benefit' means a participant's normal retirement benefit under Section 4.02 of this Act based on his or her average annual compensation and years of creditable service as of any date of reference. (2) 'Actuary' means an enrolled actuary, or firm of actuaries, selected by the employer to provide actuarial services to the plan. (3) 'Average compensation' means, as applicable: (A) 'Three-year high average compensation' means the three periods of 12 consecutive months during which the participant received his or her highest compensation; and (B) 'Five-year high average compensation' means the average of the participant's monthly compensation for the five consecutive periods of 12 consecutive months during which the participant had the highest monthly salary or wage.

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(4) 'Beneficiary' means a participant's surviving spouse or, if a participant has no surviving spouse as of the date of his or her death, the participant's surviving minor children. (5) 'Benefit commencement date' means, when referring to a participant or beneficiary, the first day of the first period for which payment of the benefit under the plan is scheduled to commence, either as a result of a written election or by operation of the plan, whichever is applicable. (6) 'Board' means the Fulton County Board of Education. (7) 'Board of commissioners' means the Board of Commissioners of Fulton County. (8) 'Code' means the federal Internal Revenue Code of 1986, as amended. (9) 'Compensation' means the total amount of all payments, direct or indirect, made by the employer to an employee for services rendered to the employer for a calendar year which ends within a plan year, as defined in Section 3401(a) of the Code for purposes of tax withholding at the source as reported to the employee on form W-2 for such year. Compensation shall include employee contributions and before-tax or salary deferral contributions made under Sections 125, 402(g)(3), 401(k), 457, or 414(h) of the Code to the plan or any other plan of the employer on behalf of a participant for such plan year; provided, however, that for purposes of calculating limits on benefits under Section 415 of the Code, employee contributions made with respect to service on and after July 1, 1990, shall not be included in compensation. Notwithstanding the foregoing, in no event shall the annual compensation taken into account under the plan for plan years or other applicable periods exceed $200,000.00, as adjusted by the Internal Revenue Service under Section 401(a)(17) of the Code for cost of living increases and prorated on the basis of months for any period less than 12 months. If a participant receives differential pay from the employer for qualified military service while on a military leave of absence under USERRA, such differential pay shall be treated as compensation for plan years starting after December 31, 2008, in accordance with Section 414(u) of the Code and the regulations thereunder. (10) 'Cost of living adjustment' means the adjustment in the amount of a participant's benefit made in accordance with Section 9.05 of this Act. (11) 'Deferred vested benefit' means, when referring to a participant, the benefit described in Article VII of this Act. (12) 'Disability or disabled' means a condition of a participant arising from illness or injury which is expected to be permanent and which prevents him or her from performing a substantial portion of his or her occupation or such other line of work as he or she might reasonably be expected to follow, considering his or her education, experience, age, and natural abilities, as determined in the sole discretion of the pension board in accordance with Article VI of this Act. (13) 'Early retirement age' means the age of a participant as described in Section 5.01 of this Act. (14) 'Effective date' means July 1, 2009; provided, however, that provisions of this Act which reference Section 401(a)(9) of the Code shall be applicable to plan

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provisions on and after July 1, 1976; provisions which reference Section 401(a)(31) of the Code shall be applicable to plan provisions on and after January 1, 1993; provisions which reference Section 414(u) of the Code shall be applicable to plan provisions on and after December 12, 1994; and provisions which reference Section 415 of the Code shall be applicable to plan provisions on and after July 1, 1976. (15) 'Eligible employee' means any full-time employee who is not eligible for the TRS. Such term shall include a teacher who was employed by the employer before July 1, 1988, and a nonteacher management or supervisory employee who is eligible for the TRS but is otherwise an eligible employee. Notwithstanding the foregoing, the following individuals shall not be eligible to participate in the plan:
(A) A teacher who was employed by the employer before July 1, 1988, separates from service after July 1, 1988, and subsequently returns to employment with the employer. Such teacher shall be eligible for any benefits accrued under the plan prior to his or her separation from service but shall not accrue any additional benefits under the plan; (B) Any individual who is an employee solely by means of being a 'leased employee' under Section 414(n)(2) of the Code; (C) Temporary, casual, and part-time employees; and (D) Employees hired on a contract basis. (16) 'Employee' means any person employed by the employer as a common law employee and shall include the superintendent of the Fulton County school system if such superintendent is an employee when promoted to superintendent. (17) 'Employee contribution' means the amounts paid to the plan by an employee, as set forth in Sections 2.01 and 2.06 of this Act. (18) 'Employer' means the Fulton County Board of Education. (19) 'Full-time employee' means an employee who regularly performs services for the employer for at least 50 percent of the number of hours per week established by the employer as full time for that employee's employment classification. (20) 'Grandfathered participant' means a participant whose last day of employment with the employer occurred prior to the effective date of this Act. (21) 'Joint and 70 percent or 75 percent survivor annuity' means an annuity payable for the life of the participant, with 70 or 75 percent, as applicable, of the participant's benefit payable to his or her surviving spouse, if any, and at the death of surviving spouse or, if none, with such payments of the 70 or 75 percent benefit continuing to the participant's then surviving minor children, if any, until the earlier of the date such minor children dies, is married, or reaches the age of 21. If more than one minor child shall become eligible for benefits, benefits shall be paid on a per capita basis. If a minor child becomes ineligible to receive such benefit by reason of death, marriage, or reaching age 21, the portion of the 70 or 75 percent benefit payable to such minor child shall be distributed per capita among any remaining minor children of the participant. The 70 or 75 percent benefit shall be based on the benefit amount payable to the participant as of the date of death, including any cost-of-living adjustments.

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(22) 'Limitation year' means the calendar year, which shall be the 'limitation' year for purposes of Section 415 of the Code and the regulations promulgated thereunder. (23) 'Minor child' means the unmarried child of a participant who has not attained age 21. (24) 'Normal retirement age' means age 65 with at least ten years' creditable service. (25) 'Normal retirement benefit' means, when referring to a participant, the benefit described in Article IV of this Act. (26) 'Participant' means an eligible employee who becomes a participant in the plan in accordance with the provisions of Section 2.01 of this Act. (27) 'Pension board' means the committee of individuals chosen pursuant to Section 12.01 of this Act to administer the plan. (28) 'Plan' means the Fulton County School Employees Pension Fund as contained in this Act, all amendments hereto, and the applicable provisions of Title 47 of the O.C.G.A. which are incorporated herein by this reference. (29) 'Plan year' means the 12 month period beginning on July 1 of each year and ending on the following June 30. (30) 'Prior plan' means the Fulton County Employees Pension Fund as set forth in the Act entitled 'An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County' as originally approved February 2, 1945, (Ga. L. 1245, p. 528) and all amendments thereto prior to the effective date. (31) 'Qualified military leave of service' means any service in the uniformed services by an individual who is entitled to reemployment rights under USERRA. (32) 'Safety net participant' means a participant who was employed by the employer before July 1, 1988, as a teacher or a participant who becomes eligible for and participates in the TRS by virtue of his or her status as a nonteacher management or supervisory employee. (33) 'Surviving spouse' means the person who is treated as married to a participant under the laws of the state in which the participant resides as of the date of death and is married to the participant as of the date immediately preceding the participant's date of retirement and date of death. (34) 'Survivor benefits' means the benefits payable to a participant's surviving spouse or minor children, or both, in accordance with subsection (a) of Section 4.02 or Article VIII of this Act. (35) 'Teacher' means any full-time employee employed by the board in a position which is included in the definition of 'teacher' under the provisions of the TRS. (36) 'TRS' means the Georgia Teachers Retirement System, as set forth in Title 47, Chapter 3 of the O.C.G.A. (37) 'Trust fund' means the total amount of cash and other property held or acquired by the trustee under the trust. (38) 'Trustee' means the pension board. (39) 'USERRA' means the federal Uniform Services Employment and Reemployment Rights Act of 1994, as amended.

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(40) 'Year of creditable service' means (A) each period during which the participant is a plan participant and works as a full-time employee for at least 50 percent of the officially scheduled working days in each of nine months in the 12 month period from July 1 through June 30; and (B) each year of service credited under the terms of subsection (c) of Section 2.02 and Section 2.03 of this Act. If a participant works less than said nine months during any such period, he or she shall be credited with a fraction of a year computed by dividing the actual months of service by nine months. In no event shall a participant be credited with more than one year of creditable service for any 12 month period.
ARTICLE II EMPLOYEE PARTICIPATION;
CREDITABLE SERVICE SECTION 2.01. Eligibility.
An eligible employee shall become a participant in this Act effective on the first date of employment as an eligible employee. All participants who are employed by the board as of the effective date shall continue in accordance with the terms of this Act. The rights and benefits of grandfathered participants shall be governed by the terms of the prior plan except to the extent specifically set forth in this Act.
SECTION 2.02. Years of creditable service.
(a) Except as provided in subsection (d) of Section 4.02 of this Act, in calculating a participant's years of creditable service, all complete months of service with the employer shall be aggregated. (b) A participant shall not receive service credit for periods during which (1) he or she is not employed by the employer unless he or she meets the requirements of Section 2.03 of this Act; (2) he or she is not an eligible employee; or (3) except as set forth in subsection (c) of this section, he or she is on leave of absence from the employer.
(c)(1) A participant may receive credit for periods of an authorized leave of absence with the employer, subject to the terms and conditions of this subsection. Any such credit that is granted pursuant to the terms of this subsection shall be treated as credit while in active service. (2) A participant may continue to receive service credit by continuing to make employee contributions during the period of leave. Alternatively, the participant may purchase service credit for the period of the leave by making a payment in the amount of the employee contributions he or she would have made during the period of the leave, plus interest at the rate of 3 percent per annum, compounded annually from the date of the leave until the date paid. Such calculation shall include any employee contributions that would be required to opt in to an alternate plan, as described in

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subsection (c) of Section 4.02 of this Act. An election to make such payment may be made at any time during participant's employment with the employer. Except as noted in paragraph (3) of this subsection for certain periods of military or Red Cross leave, the cost of such service may be paid in a lump sum or, at the discretion of the pension board, in installments for up to 60 months or such other period permitted by the pension board. The obligation to make such payments shall be secured in such manner as prescribed by the pension board. Interest on such installment payments shall be amortized at the rate of 3 percent per annum; however, interest shall not be charged for repayment of employee contributions accruing during a period of qualified military leave of absence on and after December 12, 1994, if such repayment is made within the time limit imposed under Section 414(u) of the Code, as amended. (3) For periods on and after December 12, 1994, all prior service credit for a qualified military leave of absence shall be granted in accordance with Section 414(u) of the Code, as amended. For approved military leaves of absence prior to that date, and for all approved Red Cross leaves of absence, all repayment of employee contributions shall be made within 36 months of reassignment by the board. Except to the extent required by USERRA, no credit shall be allowed to a participant who voluntarily reenlists in the military service after the end of said leave for the period of reenlistment unless he or she is granted an additional military leave by the board. (4) A participant who is granted a leave by the board for reasons of illness or study may purchase service credit for such leave by repaying employee contributions in accordance with paragraph (1) of this subsection; provided, however, that no participant shall be entitled to such credit for a time exceeding two years of creditable service; and provided, further, that limit of two years of creditable service shall not be included in determining the limit on service credit that can be purchased for prior service with other employers under the terms of Section 2.03 of this Act.
SECTION 2.03. Prior service.
(a) A participant shall receive credit toward his or her years of creditable service for certain periods during which he or she is not an eligible employee, provided he or she meets the requirements of this section.
(b)(1) A participant shall purchase all prior service credit in the amount and on the terms set out in this section and shall provide any proof or documentation of prior service as is required by the pension board. (2) A participant may not purchase or receive credit for more than a total of ten years of prior service. This provision shall not apply to a purchase of service credit under Section 2.06 of this Act. (3) A participant who was first employed by the board after March 14, 1978, shall not receive credit for any prior service that is used to calculate a pension benefit under any other pension plan.

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(4) Prior service shall be credited only for periods of full-time employment. (5) A participant may request prior service credit at any time during his or her employment with the employer. The cost of such service may be paid in a lump sum or, at the discretion of the pension board, in installments for up to 60 months or such other period permitted by the pension board. The obligation to make such payments shall be secured in such manner as prescribed by the board. All such payments shall be paid in full prior to retirement. (6) The cost of service shall be calculated by determining the amount an eligible employee would have paid had he or she been a participant in the plan during the period of such prior service, provided that the cost shall be calculated on the basis of the period of service that results in the lowest total cost to the participant. The cost of service may include the amount of matching contributions as set out in subsection (c) of this section. The calculation shall be based on the compensation assumptions and interest rates set out in subsection (c) of this section. The calculation shall also include any contributions that would be required to opt in to an alternate plan, as described in subsection (e) of Section 4.02 of this Act. (7) Notwithstanding anything to the contrary contained in this section, all prior service credit for a qualified military leave of absence shall be granted in accordance with Section 414(u) of the Code. (c)(1) Credit may be given for all experience as a teacher or principal in schools in this state receiving public funds in whole or in part. The cost of such credit shall be based on the participant's compensation as of the date of his or her employment with the board and calculated at an annual interest rate of 3 percent from the date of employment with the board, compounded annually. If the participant pays such cost in installment payments, payments shall be amortized at an annual rate of 3 percent. No matching contribution is required. If such service was rendered during a period prior to March 5, 1957, such contribution shall be based upon the requirements of the prior plan prior to that date. (2) As used in this paragraph, the term 'prior service' means service rendered in a state public school system, college or university, or American dependents' school outside the State of Georgia prior to employment by the board. A participant may receive credit for prior service, up to a maximum of five years, after having been employed as a teacher by the employer for a period of five years. For each additional year beyond five years, credit may be given for one year's prior service for each year such teacher shall continue in the service of the employer, with a maximum of ten years' prior service credit to be allowed. The cost of such credit shall be based on the salary scale developed by the pension board, shall include an equivalent amount for the matching funds that would have been paid by the board or the board of commissioners, and shall be calculated at a simple annual rate of interest of 6 percent from the later of October 9, 1963, or the date of employment with the board. If the participant pays such cost in installment payments, payments shall be amortized at an annual rate of 6 percent.

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(3) The provisions for receiving credit for prior service as provided in this section for teachers shall likewise apply upon the same terms and conditions to all other eligible employees, except no prior service credit shall be given to nonteaching employees for service rendered to an employer other than some branch of the governing authority of Fulton County, or the governing authorities of the Counties of Campbell and Milton, which have previously been merged with Fulton County, or any independent school district that has been or may be merged with the Fulton County system. The cost of such credit shall be based on the participant's compensation as of the date of his or her employment with the board and calculated at an annual interest rate of 3 percent from the date of employment with the board, compounded annually. If the participant pays such cost in installment payments, payments shall be amortized at an annual rate of 3 percent. No matching contribution is required. (4) Subject to Section 414(u) of the Code, a participant who has served on active, full-time duty in the armed forces of the United States during any period of active conflict or national emergency may receive credit towards retirement for such service upon the terms and conditions set forth in this section. The maximum amount of military service credit which may be allowed shall not exceed four years for any and all forms of military service and, when combined with other forms of prior service credit available under this section, shall not exceed ten years. The cost of such credit shall be based on the salary scale developed by the pension board, shall include an equivalent amount for the matching funds that would have been paid by the board or the board of commissioners, and shall be calculated at a simple annual rate of interest of 6 percent from the later of October 3, 1972, or the date of employment with the board. If the participant pays such cost in installment payments, payments shall be amortized at an annual rate of 6 percent. (5) A participant who has served as a certificated teacher in a private school accredited at the time of service by a state or regional accrediting agency may receive credit towards retirement for such teaching service upon the terms and conditions set forth in this section. The cost of such credit shall be based on the salary scale developed by the pension board, shall include an equivalent amount for the matching funds that would have been paid by the board or the board of commissioners, and shall be calculated at a simple annual rate of interest of 6 percent from the later of October 3, 1972, or the date of employment with the board. If the participant pays such cost in installment payments, payments shall be amortized at an annual rate of 6 percent.
SECTION 2.04. Participation upon reemployment.
A reemployed participant who is an eligible employee as of his or her reemployment date shall reenter the plan as a participant on the date of reemployment. For this purpose, 'date of reemployment' means the first day for which the reemployed participant is entitled to compensation for the performance of services with the employer.

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SECTION 2.05. Change in eligible employee status.
If a participant does not terminate employment but ceases to be an eligible employee, then during the period that such participant is not an eligible employee the participant shall not make employee contributions to the plan nor accrue a benefit under the plan attributable to that period.
SECTION 2.06. Service upon reemployment.
Except as otherwise provided in this section, a participant who is reemployed by the employer and again participates in the plan upon reemployment shall have all prior years of creditable service restored. If the participant was previously paid a lump sum refund of his or her employee contributions, the participant shall not be credited his or her prior years of creditable service unless the participant repays the amount of the lump sum upon his or her return to employment in the manner described in Section 2.03 of this Act. If the participant elects to repay such amount in installment payments, payments shall be amortized at an annual rate of 3 percent.
SECTION 2.07. Mandatory participation; employee contributions.
(a) Participation in the plan shall be mandatory for all eligible employees, except that an eligible employee who is employed or reemployed by the employer on or after attaining age 61 may make a one-time irrevocable election with the pension board whether to make employee contributions and participate in the plan. Each participant shall contribute to the plan an employee contribution of 5.6 percent of his or her compensation; in addition, a participant may make an additional employee contribution of 1 percent of his or her compensation, for a total employee contribution of 6.6 percent, if such participant wishes to provide survivor benefits for his or her beneficiary; provided, however, that the amount of employee contributions required by this Act for a safety net participant shall be reduced by the amount of his or her employee contributions that are required for his or her participation in the TRS. (b) If a participant does not make the additional employee contributions for survivor benefits when he or she begins participation in the plan, he or she may elect to provide survivor benefits at a later time, subject to the following: A participant may request to purchase survivor benefits for prior periods of participation in the plan at any time during his or her employment with the employer. The cost of such service may be paid in a lump sum or, at the discretion of the pension board, in installments for up to 60 months or such other period permitted by the pension board. The obligation to make such payments shall be secured in such manner as prescribed by the pension board. The cost of such benefits shall be calculated by determining the amount the participant would have paid

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for survivor benefit coverage during all his or her years of creditable service, including those periods of service credited under Section 2.03 of this Act. The calculation shall be based on participant's actual compensation during each such year of creditable service or, for periods of prior service calculated under Section 2.03 of this Act, under the compensation assumptions applicable to such service, with an annual simple interest rate of 3 percent. If the participant pays such cost in installment payments, payments shall be amortized at an annual rate of 3 percent. The calculation shall also include any contributions that would be required for survivor benefits under an applicable alternate plan, as described in subsection (e) of Section 4.02 of this Act. (c) A participant, after electing and paying for survivor benefits, may at his or her option cease to make further contributions for such survivor benefits, in which event contributions made for survivor benefits shall not be refunded except in accordance with the provisions of Sections 4.04 and 8.02 and subsection (b) of Section 9.03 of this Act. (d) Employee contributions shall be withheld from each of a participant's paychecks in an amount not exceeding the amount of the employee contributions paid by the board on behalf of the participant as provided in subsection (a) of this section. Such reduction in the compensation may be made notwithstanding the fact that the compensation provided by or pursuant to law for the participant may be reduced. Except as provided in subsection (a) of this section for employees hired after age 61, a participant shall not have the right to receive the amount of his or her employee contributions in cash in lieu of having them contributed to the plan by the board. (e) Employee contributions made on or after July 1, 1990, shall be treated as employer contributions for purposes of determining the tax treatment of such contributions under the Code; provided, however, that the board shall continue to withhold federal income taxes on the basis of such contributions until the Internal Revenue Service or the federal courts rule that, pursuant to Section 414(h) of the Code, these contributions shall not be included as gross income of the employee until such time as they are distributed or made available. (f) Employee contributions made by the board on behalf of participants as provided in subsection (a) of this section shall continue to be taxable income for the purposes of Chapter 7 of Title 48 of the O.C.G.A., relating to Georgia income taxes, notwithstanding the fact that under subsection (e) of this section such contributions may be treated as employer contributions in determining federal tax treatment under the Code.
ARTICLE III EMPLOYER CONTRIBUTIONS
SECTION 3.01. Amount.
In general, the employer or the board of commissioners, if applicable, shall match employee contributions to fund the plan. In addition, the employer and the board of commissioners, if applicable, shall make such contributions as are necessary to fund the plan in accordance with the minimum funding standards under Georgia law as provided

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in O.C.G.A. Section 47-20-10. Each contribution shall be contingent upon the maintenance of qualified status by the plan for the year in which such contribution is made.
SECTION 3.02. Irrevocability of employer contributions.
Except as provided under Section 14.06 of this Act, the contributions made by the employer to the trust are irrevocable and no part of any income or corpus of the trust fund shall revert to the employer or be used for or diverted to purposes other than the exclusive benefit of participants and beneficiaries.
ARTICLE IV NORMAL RETIREMENT BENEFIT.
SECTION 4.01. Normal retirement benefit.
The normal retirement benefit shall be paid on a monthly basis in accordance with the terms of Article IX of this Act to a participant whose employment with the employer terminates on or after attaining normal retirement age.
SECTION 4.02. Amount of benefits.
(a)(1) Subject to the annual benefit limitations of Article XI of this Act, and except as provided in this section, a participant's normal retirement benefit shall be equal to 2 percent of the participant's three-year high average compensation multiplied by the number of years of creditable service, not to exceed 37 1/2 years of creditable service. In no event shall such benefit exceed 75 percent of the participant's three-year high average compensation. (2) The normal retirement benefit of a participant who has elected to participate under the Alternate Plan of 1962 shall be equal to 1.76 percent of the participant's three-year high average compensation multiplied by the number of years of creditable service; provided, however, that in no event shall such participant's benefit exceed 75 percent of the participant's three-year high average compensation. (3) The normal retirement benefit of a participant under the Alternate Plan of 1959 shall be equal to 50 percent of the greater of the participant's five-year high average compensation or three-year final average compensation; provided, however, that in no event shall such monthly benefit exceed $150.00, plus:
(A) Five dollars per month for each full year of a participant's years of creditable service in excess of 25 years; and (B) An additional $5.00 per month for each full year of a participant's years of creditable service in excess of 30 years.

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(b) The normal retirement benefit of a safety net participant shall be equal to such participant's benefit calculated under subsection (a) of this section, reduced by the maximum monthly benefit payable to such participant under the TRS. If a safety net participant begins receiving benefits from the plan before receiving benefits from the TRS, such participant shall receive a normal retirement benefit from the plan equal to the benefit calculated under subsection (a) of this section, but such benefit shall be automatically reduced in accordance with this subsection when benefits from the TRS begin. (c) An eligible participant may elect to retire under the terms of subsection (a) of this section, subject to the following:
(1) Alternate Plan of 1962. A participant who would otherwise retire under the Alternate Plan of 1962 shall make additional employee contributions equal to the contributions such participant would have paid since July 1, 1978, together with interest on such amount at the rate of 6 percent, compounded annually from the year such amounts would have been first due. The amount of such payment shall be calculated by multiplying the participant's compensation from the later of July 1, 1967, or the date of employment with the employer by a factor of 0.006 percent. Payments may be made in installment payments in accordance with the rules set out in Section 2.03 of this Act, amortized at an annual rate of 6 percent; or (2) Alternate Plan of 1959. A participant who would otherwise retire under the Alternate Plan of 1959 shall make additional employee contributions equal to the contributions such participant would have been required to pay under the Alternate Plan of 1962, calculated as 5 percent multiplied by the total compensation from the date his or her monthly compensation exceeded $300.00, minus the amount of employee contributions made by the participant from the date of employment with the employer until the date of election, together with simple interest on such amount at the rate of 4 percent from April 1, 1962, and the date of election. The employee shall pay this amount, plus the amount calculated under paragraph (1) of this subsection. Payments of the amount due under this paragraph may be made in installment payments in accordance with the rules set out in Section 2.03 of this Act, amortized at an annual rate of 6 percent.
SECTION 4.03. Minimum retirement benefit.
Notwithstanding anything to the contrary contained in Section 4.02 of this Act, a participant who becomes entitled to a normal retirement benefit or a deferred vested benefit shall receive a monthly benefit of not less than $17.00 multiplied by such participant's years of creditable service, not to exceed 40 years; provided, however, this section shall not apply to any participant who receives a benefit under the TRS unless the total of his or her TRS benefit and safety net benefit is less than the minimum benefit described in this section.

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SECTION 4.04. Late retirement.
Subject to Section 9.04 of this Act, a participant shall receive credit for his or her years of creditable service completed after attainment of normal retirement age until actual retirement, subject to the limit on years of creditable service set out in Section 4.02 of this Act.
SECTION 4.05. Commencement of benefit.
The normal retirement benefit shall be payable monthly, commencing on the later of the date of the participant's attainment of normal retirement age or termination of employment.
ARTICLE V EARLY RETIREMENT BENEFITS
SECTION 5.01. Early retirement benefit.
(a) An early retirement benefit shall be paid on a monthly basis in accordance with the terms of Article IX of this Act to a participant whose employment with the employer terminates on or after attaining his or her early retirement age. (b) Except as set forth in subsections (c), (d), and (e) of this section, a participant's early retirement age shall be the earliest of the date such participant attains, while employed by the employer: (1) age 60 and 25 years of creditable service; or (2) age 55 and 25 years of creditable service. (c) For a participant who retires under the Alternate Plan of 1959, the early retirement age shall be the date such participant attains age 55 and 25 years of creditable service while employed by the employer. (d) For a participant with at least 25 years of creditable service who is discharged, compelled to resign for any reason, or not granted reappointment, the early retirement age shall be the date of severance from service. (e) For a participant who is not a teacher, early retirement age in addition to those set forth in subsection (b) of this section shall be the date he or she attains 30 years of creditable service.
SECTION 5.02. Amount of benefits.
Upon attaining early retirement age, a participant shall be entitled to receive the normal retirement benefit calculated and payable as provided in Section 4.02 of this Act. The early retirement benefit of a safety net participant shall be reduced as set forth in

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subsection (b) of Section 4.02 of this Act. An early retirement benefit shall be unreduced for early commencement except for a participant who retires prior to age 60 or with less than 30 years of creditable service, for whom such normal retirement benefit amount shall be reduced by 1/12 of 2 percent per month for each month by which his or her age is less than 60 or his or her years of creditable service are less than 30, whichever is less; provided, however, that this reduction shall not apply to:
(1) A participant who retires under the Alternate Plan of 1959; (2) A participant who retires under the terms of subsection (d) of Section 5.01 of this Act; or (3) A nonteacher participant who retires under the terms of subsection (e) of Section 5.01 of this Act.
ARTICLE VI DISABILITY SECTION 6.01. Disability benefit.
A participant who becomes disabled while employed by the employer after attaining at least ten years of creditable service, as calculated under Sections 2.02 and 2.03 of this Act, and prior to attaining normal retirement age, shall be eligible for a disability benefit, calculated as of the date of disability in the same manner as set out in Article IV of this Act, without adjustment for early commencement. A participant who:
(1) Becomes disabled after separation from the service of the employer; (2) Is eligible for an early retirement benefit or a deferred vested benefit; and (3) Who has not commenced receipt of his or her benefit as of the date of disability shall be eligible for a disability benefit calculated as of the date of his or her separation from service in accordance with Article V or Article VII of this Act, as applicable, without adjustment for early commencement.
SECTION 6.02. Disability benefit for disability incurred in line of duty.
(a) Notwithstanding the terms of Section 6.01 of this Act, a participant who, prior to satisfying the requirements for an early or normal retirement benefit, becomes disabled in the line of duty while employed by the employer is eligible to receive a disability benefit in the amount set out in subsection (c) of this section. (b) A disabled participant shall be considered disabled in the line of duty if such disability occurs as the direct and proximate cause of:
(1) An accident suffered in the line of duty resulting immediately in the disability of such member; (2) An occupational disease due to specific poisons, mechanical or chemical irritants, and the like which are recognized as a peculiar hazard of the particular employment in

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the service of the board in which such member was engaged and of a character which other persons not engaged in such employment do not contract; or (3) A disease or illness resulting immediately and exclusively from emergency exposure in the line of duty as an employee of the board without the intervention of natural causes. (c) The amount of a participant's disability benefit under this section shall be calculated in the same manner set out in Section 4.02 of this Act on the basis of: (1) The participant's average compensation at the time of disability; (2) The greater of the participant's actual age at the date of his or her disability or age 55; and (3) The greater of the participant's years of creditable service at the date of disability or 25 years of creditable service. Such benefit shall be reduced by 1/12 of 2 percent for each month by which the participant's age is less than 60 or the participant's years of creditable service are less than 30, whichever is less. If a participant has fewer than three years of creditable service, his or her average compensation, for purposes of calculating the disability benefit, shall be determined by dividing the total monthly compensation by the total number of months he or she was employed by the employer.
SECTION 6.03. Safety net benefit.
The disability benefit of a safety net participant shall be reduced in the manner set forth in subsection (b) of Section 4.02 of this Act.
SECTION 6.04. Payment of disability benefit.
The trustee shall commence payment to the participant of the disability benefit in the form of a single life annuity payable monthly for the life of the participant; provided, however, that subject to satisfaction of the requirements for survivor benefits and any employee contribution as provided in Section 2.07 of this Act, the disability benefit shall be paid as a joint and 70 percent survivor annuity; provided, further, that a disability benefit payable to a participant pursuant to Section 6.01 of this Act, the Alternate Plan of 1959, shall be payable in the form of a joint and 75 percent survivor annuity.
SECTION 6.05. Determination of disability by pension board.
Notwithstanding anything to the contrary contained in this Act, a participant shall not be considered disabled until he or she is determined to be disabled by the pension board. The disability benefit shall be granted under such rules, terms, and regulations as may be fixed by the pension board. In determining whether or not a participant shall be granted a

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disability benefit due to accident or illness, the pension board shall consider, among other things, whether or not the participant has served the required number of years, whether or not the participant has complied with the laws, rules, and regulations governing pensions, and whether or not the participant is actually totally and permanently disabled. The pension board shall require that the applicant be examined by competent physicians and surgeons. In deciding upon the question of permanent and total disability, the pension board may receive and consider the reports and recommendations of such examining medical officers, and the applicant shall have the right to submit medical and other competent evidence on the question of his or her or her disability and right to be retired. The pension board's final determination that an applicant is not totally and permanently disabled shall be binding on all parties. If the pension board determines that the applicant is totally and permanently disabled, he or she shall be retired; provided, however, that the pension board shall have the right at least once a year to require the participant to submit to a medical examination for the purpose of determining whether or not the participant has sufficiently recovered from his or her or her disability and is able to return to his or her or her former position of employment. If the pension board, after such examination, determines that the participant is not actually totally and permanently disabled but is able to return to the position of employment he or she occupied at the time of retirement or a comparable position with the employer, and if such employment and status as to position, pay, and service credit at the time of retirement is offered to such member and he or she either accepts or fails or refuses to accept such offer, then the payment of such disability benefit shall cease.
ARTICLE VII DEFERRED VESTED BENEFIT
SECTION 7.01. Deferred vested benefit.
A participant who terminates employment with at least ten years of creditable service but prior to attaining eligibility for a disability retirement benefit, an early retirement benefit, or a normal retirement benefit shall be fully vested in his or her accrued benefit and shall receive a deferred vested benefit. A terminated participant's deferred vested benefit shall become payable in accordance with Article IX of this Act upon the participant's attaining normal retirement age; provided, however, that a participant with 25 years of creditable service may elect to receive the benefit on or after attaining age 55, subject to reduction of 1/12 of 2 percent for each month that the benefit commencement date precedes the participant's 60th birthday.
SECTION 7.02. Amount of deferred vested benefit.
The participant's deferred vested benefit shall be calculated as of the date of termination of employment in the same manner as set out in Article IV of this Act. The deferred

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vested benefit of a safety net participant shall be reduced as set forth in subsection (b) of Section 4.02 of this Act.
SECTION 7.03. Recovery of mistaken payments.
In the event any benefit is mistakenly paid to a participant, joint annuitant, or beneficiary in an amount which is greater than the amount payable under the terms of this Act, the plan shall recover such excess benefit amount by eliminating or reducing the participant's or beneficiary's future benefit payments.
ARTICLE VIII DEATH BENEFIT SECTION 8.01. Payments of survivor benefits.
(a) Except as provided in subsections (b) and (c) of this section, if a participant has made the required employer contributions for survivor benefits and has a vested interest in all or any portion of his or her accrued benefit, survivor benefits shall be payable on his or her behalf to his or her surviving spouse, if any, or if none, to his or her minor children, if any. If a participant is not married and has no minor children on the date of death, no death benefits shall be payable under the plan, except as provided in Section 8.02 of this Act. Survivor benefits shall be payable to his or her beneficiaries in an amount equal to 70 percent of the benefit which shall be determined under paragraphs (1) and (2) of this subsection; provided, however, that for a participant who would have retired under the Alternate Plan of 1959 but for his or her death, survivor benefits shall be payable to the participant's beneficiaries in an amount equal to 75 percent of the benefit which shall be calculated as follows:
(1) For survivor benefits payable prior to the participant's benefit commencement date, the amount which would have been payable under Section 6.01 of this Act if the participant had become disabled on the date of his or her death; and (2) For survivor benefits payable on or after participant's benefit commencement date, the amounts which are payable under subsection (a) of Section 4.02 of this Act, as increased by any cost of living adjustments in effect on the date of his or her death; provided, however, that survivor benefits shall be reduced if the participant's surviving spouse is more than five years younger than participant in accordance with the following schedule: (3) If the spouse was married to the participant for less than ten years while the participant was in active service with the board, the spouse's benefit shall be reduced by 1/12 of 2 percent per month for each month the spouse was more than five years younger than the participant; (4) If the spouse was married to the participant for ten years or more but less than 15 years while the participant was in active service with the board, the spouse's benefit

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shall be reduced by 1/12 of 1 percent per month for each month the spouse was more than five years younger than the participant; (5) If the spouse was married to the participant for 15 years or more while the participant was in the active service of the board, or if the spouse is 60 years of age at the time of becoming eligible for benefits, there shall be no reduction in benefits. Survivor benefits to a participant's spouse shall end upon the spouse's remarriage. (b) If a participant with at least ten years of creditable service dies while in active service with the employer and such participant has made the required employee contributions for survivor benefits, then the survivor benefit shall be an amount equal to 70 percent of the benefit that would have been payable under Section 6.01 of this Act if the participant had been disabled on the date of death; provided, however, that for a participant who would have retired under the Alternate Act of 1959 but for his or her death, the survivor benefit shall be an amount equal to 75 percent of the benefit that would have been payable under Section 6.01 of this Act if the participant had become disabled on the date of his or her death. Effective with respect to a participant death on or after January 1, 2007, a participant on a leave of absence under USERRA who otherwise meets the requirements of this section and who dies while on a leave of absence under USERRA performing qualified military service shall be treated for purposes of this benefit as though he or she died while in active service with the employer. (c) If a participant is killed as the result of an accident in the line of duty, such participant's surviving spouse or minor children shall be eligible to receive a survivor benefit. If a participant with at least ten years of creditable service dies while in active service with the employer, then, for a participant who would have retired under the Alternate Act of 1959 but for his or her death, the survivor benefit shall be an amount equal to 75 percent, and for all other participants the survivor benefit shall be an amount equal to 70 percent, of the benefit that would have been payable under Section 6.02 of this Act if the participant had become disabled in the line of duty on the date of his or her death, provided that: (1) Such benefit shall be calculated as though the participant has attained age 55 and 25 years of creditable service as of the date of death; (2) Such benefit shall be payable without regard to whether participant has a vested interest in any portion of his or her accrued benefit; and (3) Such benefit shall be payable without regard to whether the participant has made required employer contributions for survivor benefits. (d) No death benefit shall be payable under this section to any person who is not living on the date the payment is scheduled to commence under Section 8.02 of this Act.
SECTION 8.02. Optional distribution of employee contributions.
A beneficiary who is eligible to receive a benefit under Section 8.01 of this Act may elect in lieu of such benefit to receive a refund of the participant's employee contributions. Such payment shall be made in accordance with the terms of Section 9.03 of this Act. If

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there is no living beneficiary on the date of the participant's death, such distribution shall be made to the participant's estate.
SECTION 8.03. Commencement of survivor benefits.
(a) Payment of survivor benefits shall commence as of the date following the participant's death. (b) Notwithstanding any plan provision to the contrary, all distributions shall be made in accordance with the pension board's good faith interpretation of O.C.G.A. Section 47-180, Section 401(a)(9) of the Code, the regulations promulgated under Section 401(a)(9) of the Code, including Treasury Regulation Section 1.401(a)(9)-2 and any other provisions reflecting the requirements of Section 401(a)(9) of the Code, and prescribed by the Internal Revenue Service, as amended from time to time, as applicable to a governmental plan within the meaning of Section 414(d) of the Code, all of which are incorporated by reference; and the terms of this Act reflecting the requirements of Section 401(a)(9) of the Code override the distribution options, if any, in the plan which are inconsistent with those requirements.
ARTICLE IX PAYMENT OF ACCRUED BENEFIT
SECTION 9.01. Normal form of benefit.
A participant's accrued benefit shall be paid in the form of a single life annuity for the life of the participant, or in the form of a joint and 70 percent or 75 percent survivor annuity, as applicable, if such participant has paid all required employee contributions for survivor benefits. Such survivor benefits generally shall be paid in the form of a joint and 70 percent survivor annuity; provided, however, that for a participant who retires under the Alternate Plan of 1959, such benefits shall be paid in the form of a joint and 75 percent survivor annuity. Annuity payments shall commence as of the benefit commencement date and continue until the last scheduled payment coincident with or immediately preceding the date of the participant's death or, if applicable, the date of his or her beneficiary's death or ineligibility as a beneficiary.
SECTION 9.02. Commencement of benefits.
Payment of a participant's normal retirement benefit shall commence no later than the first day of April in the calendar year following the calendar year in which the participant attains age 70 1/2 or the calendar year in which the participant retires, whichever is later. Payment to the participant of his or her early retirement benefit or of his or her deferred vested benefit shall commence no later than 60 days after the close of the plan year in

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which the participant attains normal retirement age unless the participant elects an earlier distribution. All distributions shall be made in accordance with the pension board's good faith interpretation of Section 401(a)(9) of the Code, the regulations promulgated under Section 401(a)(9) of the Code, and any other provisions reflecting the requirements of Section 401(a)(9) of the Code and prescribed by the Internal Revenue Service; and the terms of this Act reflecting the requirements of Section 401(a)(9) of the Code override the distribution options, if any, in the plan which are inconsistent with those requirements. All benefit payments shall begin within 60 days of the date elected by the participant, if such date is earlier than any of the aforementioned dates in this section.
SECTION 9.03. Distribution of employee contributions.
(a) Any participant or beneficiary who is eligible to receive a benefit under Sections 4.01, 5.01, 6.01, 7.01, or 8.01 of this Act may elect in lieu of such benefit to receive a refund of his or her employee contributions. (b) Notwithstanding any other provision of this Act, at such time as all benefits payable to a participant and his or her or her beneficiaries under other provisions of this Act have been paid, if such benefits have not equaled the amount of the employee's contributions under this plan, then the difference between the benefits paid and the total employee's contributions under this plan shall be paid to the participant's estate. (c) Such payment shall be made in the form of a lump sum payment or, at the participant's election, in the form of a direct rollover. For purposes of this section, the term:
(1) 'Direct rollover' means a payment of an eligible rollover distribution by the plan to the eligible retirement plan specified by the distributee, who shall be the participant or his or her beneficiary. (2) 'Eligible rollover distribution' means any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution shall not include any distribution that is one of a series of substantially equal periodic payments, not less frequently than annually, made for the life or life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Code; and the portion of any distribution that is not includible in gross income, determined without regard to the exclusion for net unrealized appreciation with respect to employer securities. (3) 'Eligible retirement plan,' when referring to a distributee other than a nonspouse beneficiary, means an individual retirement account described in Section 408(a) of the Code, an individual retirement annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of the Code, an annuity contract described in Section 403(b) of the Code, an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any instrumentality thereof

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which agrees to account separately for any direct rollover from this plan, or a qualified trust described in Section 401(a) of the Code that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to a beneficiary other than a participant's surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity, and the terms of Section 401(a)(9)(B) of the Code, other than subdivision (iv), shall apply to such plan. (4) 'Distributee' includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. Effective for distributions on and after January 1, 2008, a distributee shall also include a beneficiary who is not the participant's spouse.
SECTION 9.04. Reemployment after benefit commencement date.
If a participant who is receiving benefit payments under the plan returns to employment with the employer, his or her benefit shall be suspended during the period of reemployment; provided, however, that:
(1) The benefit shall not be suspended if such employee is reemployed as a temporary, casual, part-time, or contract employee; and (2) Such employee, if he or she is rehired as an eligible employee, may make a onetime irrevocable election with the pension board whether to make employee contributions and participate in the plan during the period of reemployment.
SECTION 9.05. Cost-of-living adjustments.
The benefit payable to an eligible participant or his or her beneficiaries shall be increased annually, on a date to be determined by the pension board, in an amount equal to 3 percent of the benefit then payable to such participant or beneficiary; provided:
(1) A participant and the beneficiary of such participant shall be eligible for such cost-of-living adjustment as of the second adjustment date following the benefit commencement date; (2) A beneficiary who becomes entitled to a benefit by reason of a participant's death prior to retirement shall be eligible for such cost-of-living adjustment as of the second adjustment date following the benefit commencement date, provided that such participant was eligible for retirement at the time of his or her death or actively employed by the employer at the time of death; and (3) A participant who becomes eligible to receive a deferred vested benefit but is not eligible to retire, and a beneficiary of such participant, shall not be eligible for cost-ofliving adjustments.

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SECTION 9.06. Required minimum distributions.
Notwithstanding any plan provision to the contrary, all distributions shall be made in accordance with the pension board's good faith interpretation of O.C.G.A. Section 47-180, Section 401(a)(9) of the Code, the regulations promulgated under Section 401(a)(9) of the Code, including Treasury Regulation Section 1.401(a)(9)-2, and any other provisions reflecting the requirements of Section 401(a)(9) of the Code and prescribed by the Internal Revenue Service, as amended from time to time, as applicable to a governmental plan within the meaning of Section 414(d) of the Code, all of which are incorporated by reference; and the terms of this Act reflecting the requirements of Section 401(a)(9) of the Code override the distribution options, if any, in the plan which are inconsistent with those requirements.
ARTICLE X MISCELLANEOUS PROVISIONS AFFECTING
THE PAYMENT OF BENEFITS SECTION 10.01. General.
The trustee shall make payment of any benefit payments directly to the participant entitled to the payment.
SECTION 10.02. Nonduplication of benefits.
In the event the trustee distributes any part or all of a participant's accrued benefit to him or her and the participant later resumes active employment with the employer before or after retirement, the trustee shall compute the participant's accrued benefit by taking into account all of the participant's years of creditable service; however, the trustee shall offset the participant's accrued benefit so computed by the participant's accrued benefit attributable to any prior distribution.
SECTION 10.03. Merger.
The trustee, in its sole discretion, may consent to, or be a party to, any merger or consolidation with another plan, or to a transfer of assets or liabilities to another plan, only if immediately after the merger, consolidation, or transfer, the surviving plan provides each participant a benefit equal to or greater than the benefit each participant would have received had the plan terminated immediately before the merger or consolidation or transfer. The trustee possesses the specific authority to enter into a merger agreement or a direct transfer of assets agreement with the trustees of other

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retirement plans described in Section 401(a) of the Code and to accept the direct transfer of plan assets, or to transfer plan assets, as a party to any such agreement.
SECTION 10.04. The Uniformed Services Employment And Reemployment Rights Act of 1994 (USERRA).
Notwithstanding any provision of this Act to the contrary, contributions, benefits, and service credit for qualified military service shall be provided in accordance with Section 414(u) of the Code.
SECTION 10.05. Forfeiture of benefits.
Notwithstanding any other provision of this Act to the contrary, all benefits under the plan shall be forfeited in the manner and to the extent provided under O.C.G.A. Sections 47-1-20 through 47-1-25 if convicted of a public employment, drug related, or other covered crime.
SECTION 10.06. Payments to legally incompetent distributee.
Whenever any benefit is to be paid to or for the benefit of any person who is a minor or determined to be incompetent by qualified medical advice, the pension board need not require the appointment of a guardian or custodian, but may cause the benefit to be paid to the person having custody of the minor or incompetent, to the minor or incompetent without the intervention of a guardian or custodian, or to the legal guardian or custodian if one has been appointed or may cause the benefit to be used for the benefit of the minor or incompetent.
SECTION 10.07. Workers' compensation.
This plan shall not affect nor be affected by the provisions of Chapter 9 of Title 34 of the O.C.G.A., relating to workers' compensation, or by similar laws.
ARTICLE XI OTHER PROVISIONS AFFECTING BENEFITS
SECTION 11.01. Assignment or alienation.
Except with respect to federal income tax withholding, benefits payable under this plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment,

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pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, including any such liability which is for alimony or other payments for the support of a spouse or former spouse or for any other relative of the participant or beneficiary, prior to actually being received by the person entitled to the benefit under the terms of this Act; and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, or otherwise dispose of any right to benefits payable under the plan shall be void.
SECTION 11.02. Overfunding.
If the employer has overfunded the plan at the time it terminates the plan, the trustee may return the amount by which the employer has overfunded the plan. The employer shall state by written request to the trustee the amount of the overfunding it wishes the trustee to return to it upon termination of this Act.
SECTION 11.03. Limitation on benefit.
Notwithstanding any provision of this Act to the contrary, the maximum benefit payable to any participant or beneficiary shall be limited to the extent necessary to conform to the requirements of Section 415 of the Code and the regulations thereunder, all as amended from time to time, as applicable to government plans within the meaning of Section 414(d) of the Code, and incorporated herein by this reference.
ARTICLE XII ADMINISTRATION
SECTION 12.01. Pension board: appointment and term of office.
(a) The pension board shall consist of seven members to be qualified and chosen as follows:
(1) Two members of the board of education are to be chosen by the board of education and to be known as Positions 1 and 2; (2) One member who shall be an active teacher or employee of the board of education and a participant in the plan, to be known as Position 3. Such member shall be elected by active teachers and employees of the board of education who are participants in the plan; (3) One member who shall be an active employee of the board of education who is a participant in the plan and who is not a member of the TRS, to be known as Position 4. Such member shall be elected by active employees of the board of education who are participants in the plan and who are not members of the TRS;

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(4) One member selected by the other six members of the pension board, but in the case of a tie vote by the other members of the pension board, the members of the Fulton County legislative delegation who are qualified shall appoint such member, to be known as Position 5. Such member, regardless of the manner in which he or she is selected, shall not be a current member of this Act or a current or former teacher or employee of the board of education, or a member of the General Assembly, but shall be a citizen of Fulton County with substantial prior experience in financial and investment matters; and (5) Two members who shall be former teachers or employees of the board of education who shall be pensioners to be chosen by pensioners and to be known as Positions 6 and 7. (b)(1) Except as provided in this subsection, the members of the pension board shall hold office for terms of four years and until their successors are duly elected and qualified. (2) Subject to the provisions of subsection (a) of this section, in the event of the death, resignation, or other disability of a pension board member which renders him or her incapable of performing the duties of a member of the pension board during his or her or her term of office, said pension board member's replacement shall be selected in the manner specified in subsection (a) of this section for such position and shall serve the remaining balance of such term of office. (c) The pension board shall elect its own chairperson and secretary and shall hold a regular public meeting at least once a month at a time and place to fixed by the pension board. The members of the pension board shall serve without pay. The pension board may employ an executive director and other personnel who shall serve at the will of the pension board at salaries to be designated by the pension board. With the consent of the board of education, such executive director shall be treated as an employee of the Fulton County Board of Education for benefits and tax reporting purposes. (d) The pension board shall have the authority to adopt rules and regulations in the administration of this Act and in carrying out the provisions of this Act and to provide for the equitable disposition of any matter not specifically covered by the provisions of this Act; provided, however, that all such rules shall be consistent with the terms and spirit of this Act. (e) The administrator of finance for the board of education shall be designated as the treasurer and custodian of this Act and shall be subject to the direction of the pension board for the purpose of carrying out his or her or her duties under the plan. Whenever any pension has been granted by the pension board, a check shall be drawn on the pension fund, providing for the payment of the pension as the same matures, and shall be signed by the chairperson of the pension board and countersigned and paid by the treasurer. (f) Four members of the pension board shall constitute a quorum, and notice by the secretary shall be given for special or called meetings of the pension board. The chairperson of the pension board shall give a bond with a good corporate surety in the sum of not less than $5,000.00 for his or her or her faithful performance as chairperson of

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the pension board, and the treasurer shall give a bond with a good corporate surety in the sum of not less than $25,000.00 for the faithful performance as treasurer and custodian of the pension fund. The premiums on such bonds shall be an expense of this Act. (g) Except as otherwise provided in the plan, no member or employee of the pension board shall have any personal interest in the gains or profits from any investment made by the pension board or use the assets of this Act in any manner, directly or indirectly, for himself or herself or as an agent, except to make such payments as are authorized by the pension board in accordance with the plan.
SECTION 12.02. Appointment of agents.
In addition to those powers set forth elsewhere in the plan or this Act, the pension board may appoint such agents, who need not be members of such pension board, as it may deem necessary for the effective performance of its duties and may delegate to such agents such powers and duties, whether ministerial or discretionary, as the pension board may deem expedient or appropriate. The pension board shall act by majority vote.
SECTION 12.03. Powers and responsibility.
The pension board shall have complete control of the administration of the plan, with all powers necessary to enable it properly to carry out its duties as set forth in this Act. The pension board shall have the following duties and responsibilities:
(1) To serve as trustee of the trust fund; (2) To construe the plan and to determine all questions that shall arise out of the plan; (3) To select and/or remove all service providers to the plan, including the actuary, broker and investment advisor, custodians, and other advisors; (4) To decide all questions relating to the eligibility of employees to participate in the plan; (5) To determine the benefits of this Act to which any participant or beneficiary may be entitled; (6) To maintain and retain records relating to the participants and beneficiaries; (7) To prepare and furnish to the participants all information required under applicable state or federal law or provisions of this Act to be furnished to them, which may be provided electronically where appropriate; provided, however, any such information required to be provided in written form under the terms of the Code may be provided by electronic means in a manner consistent with the requirements of Treasury Regulations Section 1.401(a)(21), as amended; (8) To prepare and furnish to agents and service providers to the plan sufficient employee data so that such service providers may carry out their obligations to the plan and its participants and beneficiaries;

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(9) To prepare and file or publish with all other appropriate government officials all reports and other information required under law to be so filed or published; (10) To provide directions to the trustee or custodian for the methods of benefit payment and all other matters where called for in the plan or requested by the trustee or custodian; (11) To engage assistants and professional advisers; (12) To arrange for fiduciary bonding, if necessary; (13) To provide procedures for determination of claims for benefits; and (14) To delegate any or all of these responsibilities.
SECTION 12.04. Records of pension board.
(a) Any notice, direction, order, request, certification, or instruction of the pension board to the trustee or custodian shall be in writing and shall be signed by a member of the pension board. The trustee or custodian and every other person shall be entitled to rely conclusively upon any and all such notices, directions, orders, requests, certifications, and instructions received from the pension board and reasonably believed to be properly executed and shall act in accordance therewith. (b) All acts and determinations of the pension board shall be duly recorded by its secretary or under the secretary's supervision, and all such records, together with such other documents as may be necessary for the administration of this Act, shall be preserved in the custody of the secretary.
SECTION 12.05. Reporting and disclosure.
The pension board shall keep all individual and group records relating to the participants and beneficiaries and all other records necessary for the proper operation of this Act. The pension board shall prepare and shall file as required by law or regulation all reports, forms, documents and other items required by the Code and every other relevant statute, each as amended, and all regulations thereunder. This provision shall not be construed as imposing upon the pension board the responsibility or authority for the preparation, preservation, publication, or filing of any document required to be prepared, preserved, or filed by the trustee or custodian to whom such responsibilities are delegated by law or by the plan.
SECTION 12.06. Construction of this Act.
The pension board shall take such steps as are considered necessary and appropriate to remedy any inequity that results from incorrect information received or communicated in good faith or as the consequence of an administrative error. The pension board shall

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interpret the plan and shall determine the questions arising in the administration, interpretation, and application of the plan. The pension board shall endeavor to act, whether by general rules or by particular decisions, so as not to discriminate in favor of or against any person and so as to treat all persons in similar circumstances uniformly. The pension board shall correct any defect of, reconcile any inconsistency in, or supply any omission from the plan.
SECTION 12.07. Assistants and advisers.
(a) The pension board shall have the right to delegate any of its responsibility and to hire such professional assistants and consultants as it, in its sole discretion, deems necessary or advisable. To the extent that the costs for such assistants and advisers are not paid by the board of education, they shall be paid at the direction of the pension board from the trust fund as an expense of the trust fund. (b) The pension board shall be entitled to rely upon all certificates and reports made by an accountant, attorney, or other professional adviser selected pursuant to this section; the pension board shall be fully protected in respect to any action taken or suffered by them in good faith in reliance upon the advice or opinion of any such accountant, attorney, or other professional adviser; and any action so taken or suffered shall be conclusive upon each of them and upon all other persons interested in the plan.
ARTICLE XIII PARTICIPANT ADMINISTRATIVE PROVISIONS
SECTION 13.01. Personal data to committee.
Each participant and each beneficiary of a deceased participant shall furnish to the pension board such evidence, data, or information as the pension board considers necessary or desirable for the purpose of administering the plan. The provisions of this plan are effective for the benefit of each participant upon the condition precedent that each participant will furnish promptly full, true, and complete evidence, data, and information when requested by the pension board, provided the pension board shall advise each participant of the effect of his or her failure to comply with its request.
SECTION 13.02. Address for notification.
Each participant and each beneficiary of a deceased participant shall file with the pension board from time to time, in writing, his or her post office address and any change of post office address. Any communication, statement, or notice addressed to a participant, or beneficiary, at his or her last post office address filed with the pension board, or shown

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on the records of the employer, shall bind the participant, or beneficiary, for all purposes of this plan.
ARTICLE XIV CONTRIBUTIONS, INVESTMENTS, AND ADMINISTRATION OF FUNDS
SECTION 14.01. Investment of trust fund.
(a) The pension board shall be the trustee of the plan and shall have full power to receive all employer and employee contributions required to be made under the plan or other provisions of law; to receive gifts or donations of money or property, real or personal; to receive and disburse pension or retirement funds from any state or local teachers' retirement agency; and to invest and reinvest its assets, in accordance with the investment policy statement established by the pension board in accordance with the terms of Article 7 of Chapter 20 of Title 47 of the O.C.G.A., the Public Retirement Systems Investment Authority Law. The pension board shall invest and reinvest said funds and use all of said funds and the income therefrom for the purposes authorized by this Act. Subject to these restrictions, the pension board shall have the power to hold, transfer, and dispose of any investments in which trust fund assets are invested, including proceeds of investments. The pension board is authorized to employ agents, including banks and trust companies, to act as investment advisors and make investments if the pension board so authorizes. For the purpose of meeting disbursements for pensions and other payments, the pension board may keep available cash on deposit in one or more banks or trust companies organized under the laws of this state or of the United States, provided that the sum on deposit in any one bank or trust company shall not exceed 25 percent of the paid-up capital and surplus of each bank or trust company. Each bank or trust company shall give a depository bond in an amount sufficient to cover the deposits or shall place in trust a sufficient amount of federal or state securities to cover the deposits. The terms of the plan shall govern the establishment of the trust fund from which the benefits provided by the plan shall be paid. All contributions paid over to the trustee or its investment advisor shall be invested in accordance with the terms of the investment policy statement established by the pension board. (b) Use of Group annuity contracts. In the discretion of the trustee, the plan may use one or more group annuity contracts as a funding vehicle in lieu of or in addition to the trust fund. In the event of any conflict between terms of the plan and those of any such group annuity contract, the terms of the plan shall control.
SECTION 14.02. Contributions.
All employer and employee contributions shall be paid into the trust fund.

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SECTION 14.03. Contingent nature of employer contributions.
Contributions made by the employer are hereby made expressly contingent on the maintenance of a qualified status by the plan for the year in which such contribution is made.
SECTION 14.04. Form of employer contribution.
The employer may pay its contributions to the trust fund manager in cash or cash equivalent or marketable securities if acceptable to the trustee.
SECTION 14.05. Exclusive benefit.
Except as otherwise provided in this Act, the employer shall have no beneficial interest in any asset of the trust fund and no part of any asset in the trust fund shall ever revert to or be repaid to the employer, either directly or indirectly, nor, prior to the satisfaction of all liabilities with respect to the participants and their beneficiaries under the plan, shall any part of the corpus or income of the trust fund be used at any time for or diverted to purposes other than the exclusive benefit of the participants or their beneficiaries.
SECTION 14.06. Condition for refund of contributions.
(a) Notwithstanding Section 14.05 of this Act, if and to the extent permitted by the Code and other applicable laws and regulations thereunder, upon the employer's written request, a contribution which is made by a mistake in fact or is conditional on initial qualification of the plan with the plan receiving an adverse determination shall be returned to the employer making the contribution within one year after the mistaken payment of the contribution or denial of qualification, whichever is applicable. (b) If through inadvertence or mistake, any participant has paid to the pension board, either by salary deduction or direct payment, any sum which is in excess of the employee contributions which should have been paid by the participant, then the pension board, upon request of the participant or upon the pension board's own motion, shall refund such overpayment to the participant, or, if such participant is deceased, to his or her beneficiary or estate.
ARTICLE XV MISCELLANEOUS
SECTION 15.01. Evidence.

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Anyone required to give evidence under the terms of this Act may do so by certificate, affidavit, document, or other information which may be considered pertinent, reliable, and genuine and to have been signed, made, or presented by the proper party or parties. The pension board shall be fully protected in acting and relying upon any evidence described under this section.
SECTION 15.02. Waiver of notice.
Any person entitled to notice under the plan may waive the notice.
SECTION 15.03. Successors.
The plan shall be binding upon all persons entitled to benefits under the plan and their respective heirs and legal representatives, upon the employer and its successors and assigns, and upon the pension board and its successors.
SECTION 15.04. Word usage.
Words used in the masculine shall apply to the feminine where applicable, and wherever the context of this Act dictates, the plural shall be read as the singular and the singular as the plural.
SECTION 15.05. State law.
The laws of the State of Georgia shall determine all questions arising under the provisions of this Act except to the extent federal statute supersedes that state law.
SECTION 15.06. Employment not guaranteed.
Nothing contained in this plan or any modification or amendment to the plan, in the creation of any account, or in the payment of any benefit shall give any employee, participant, or beneficiary any right to continue employment or any legal or equitable right against the employer or employee of the employer, the trustee or its agents or employees, or the pension board, except as expressly provided by the plan or by a separate agreement.
SECTION 15.07. Tax treatment.

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It is intended that benefits provided under this Act shall qualify for tax treatment under Sections 401 and 414(d) of the federal Internal Revenue Code of 1986, as amended."
SECTION 2. This Act shall become effective on July 1, 2009.
SECTION 3. All laws and parts of laws in conflict with of this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 657. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to change the powers, duties, and authority of the board; to change the powers, duties, and authority of the county administrator; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 658. By Representatives James of the 135th and Harden of the 147th:
A BILL to be entitled an Act to create a board of elections and registration for Dooly 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 an election supervisor and the powers and duties thereof; to provide for certain expenditures of public funds; to provide for submission 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 660. By Representative Parrish of the 156th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County

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Board of Commissioners should levy an ad valorem tax for the purpose of realizing tax revenue to provide payment for Candler County Hospital Authority's services and facilities; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and 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 666. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A BILL to be entitled an Act to amend an Act creating the Eatonton-Putnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), so as to change certain provisions relating to the composition of the authority; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 670. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend an Act creating the Clayton-Rabun County Water and Sewer Authority, approved April 17, 1992 (Ga. L. 1992, p. 6403), so as to provide for membership for such authority; to provide for certain residential requirements to qualify for such membership; to provide for terms; to provide for a procedure for selecting a chairman and vice chairman for such authority; to provide that a unanimous vote is required to approve certain issues; to provide for certain preconditions in order to authorize certain projects; to provide for ownership of certain projects; 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 672. By Representatives Williams of the 4th, Dickson of the 6th and Weldon of the 3rd:
A BILL to be entitled an Act to amend an Act to provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof,

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approved March 28, 1990 (Ga. L. 1990, p. 4663), so as to provide that the authorization to elect continued group health insurance coverage of those members, officers, and the spouses and eligible dependents of those individuals employed or elected on or after the effective date of this Act shall no longer be available to such individuals once they are no longer serving as members or officers; 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 682. By Representative Sellier of the 136th:
A BILL to be entitled an Act to amend an Act providing a charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to provide for city administrator; to provide for the selection of such administrator; to provide for terms for such administrator; to provide for qualifications to serve as city administrator; to provide for duties; to provide for the authority to assess, levy, and collect ad valorem taxes on all real and personal property within the City of Byron; to provide for a method for establishing such taxes; 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 686. By Representatives Rynders of the 152nd and Harden of the 147th:
A BILL to be entitled an Act to create a board of elections and registration for Worth 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 related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 687. By Representatives Davis of the 109th, Yates of the 73rd, Mayo of the 91st, Lunsford of the 110th, Baker of the 78th and others:

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A BILL to be entitled an Act to amend an Act providing for the Henry County Board of Elections and Registration, approved May 3, 2006 (Ga. L. 2006, p. 4062), so as to provide for terms for the membership of such board; to provide for the location of such board; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 688. By Representatives Davis of the 109th, Yates of the 73rd, Baker of the 78th, Lunsford of the 110th, Mayo of the 91st and others:
A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Henry County," approved March 10, 1988 (Ga. L. 1988, p. 3849), as amended, so as to provide for the election and qualification of the chief magistrate of Henry County; to provide for the appointment and qualification of magistrates other than the chief magistrate; 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.
HB 689. By Representatives Davis of the 109th, Yates of the 73rd, Mayo of the 91st, Lunsford of the 110th, Baker of the 78th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, so as to provide that the solicitor-general of such court and his or her investigators shall have arrest powers and law enforcement authority; to provide for conditions; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 701. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to establish a method of appointment for members of the board of the Americus and Sumter County Hospital Authority as authorized pursuant to subsection (d) of Code Section 31-7-72 of the O.C.G.A.; to provide for legislative intent; to provide for direct appointment of members to such authority by the governing bodies of Sumter

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County and the City of Americus; 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.

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs
Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd
Franklin Y Frazier Y Fullerton Y Gardner
Geisinger Y Glanton E Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Heckstall Hembree
E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne E Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 145, nays 0.

Y Rynders Scott, A
Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C
Sinkfield Y Smith, B E Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

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

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The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 75. By Senators Heath of the 31st, Hooks of the 14th, Cowsert of the 46th, Bulloch of the 11th, Tolleson of the 20th 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 or fish on their property or allow persons on such property for agritourism; to provide for a short title; to require the posting of certain signs; to provide for specifications for such signs; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 112. By Senator Smith of the 52nd:
A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to dispositions of fines and forfeitures, so as to revise provisions relating to additional criminal penalties for purposes of drug abuse treatment and education programs; to expand the list of offenses with respect to which such additional penalties shall be imposed; to provide that funds from such penalties may be used for drug court division purposes, as well as for the previously authorized purposes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 114. By Senators Harbison of the 15th, Harp of the 29th, Douglas of the 17th and Seay of the 34th:
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 define certain terms; to provide for applicability; to provide for the transfer of students who are military dependents into a local school system; to provide for placement; to provide for a waiver of course prerequisites; to provide for additional excused absences for certain students; to provide for eligibility for enrollment; to provide for on-time graduation; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 122. By Senators Goggans of the 7th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to divide the Georgia Retiree Health Benefit Fund into two funds; to define certain terms; to create the Georgia State Retiree Health Benefit Fund and the Georgia School Retiree Health Benefit Fund; to repeal the Georgia Retiree Health Benefit Fund; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 155. By Senators Pearson of the 51st, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Chance of the 16th and others:
A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes.
SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd and others:
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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 176. By Senators Heath of the 31st and Murphy of the 27th:
A BILL to be entitled an Act to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to provide that on and after July 1, 2010, any increase in the actuarial accrued unfunded liability to a public retirement system which occurs as a result of the enactment of legislation shall be fully funded in the year in which such legislation becomes effective; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 177. By Senators Heath of the 31st and Murphy of the 27th:
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

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appellate court judges who become members of the Employees' Retirement System of Georgia, persons who become members of the Georgia Legislative Retirement System, and persons who become members of the Georgia Judicial Retirement System on or after July 1, 2009, shall not be entitled to certain group term life insurance benefits; to repeal conflicting laws; and for other purposes.
SB 191. By Senator Henson of the 41st:
A BILL to be entitled an Act to provide a new charter for the City of Stone Mountain; 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 repeal a specific Act; to provide for a referendum; to provide for effective dates; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
SB 193. By Senators Grant of the 25th, Williams of the 19th, Hill of the 4th, Golden of the 8th, Seay of the 34th and others:
A BILL to be entitled an Act to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to authorize the Department of Corrections to consider certain offenders for participation in a transitional center or work release program during the offender's final year of incarceration, to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 196. By Senators Jackson of the 24th, Douglas of the 17th, Goggans of the 7th, Thomas of the 54th, Powell of the 23rd and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise penalties for causing serious injury due to a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 213. By Senators Wiles of the 37th, Shafer of the 48th, Pearson of the 51st and Hill of the 32nd:

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A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to specify manufacturer liability in certain cases; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 12. By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Tolleson of the 20th, Mullis of the 53rd and others:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the payment of rewards to the first person or firm or combination thereof which puts down and brings in the first commercial oil well in this state and to the first person or firm or combination thereof which puts down and brings in the first commercial natural gas well in this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
SR 109. By Senators Tolleson of the 20th, Mullis of the 53rd, Balfour of the 9th, Pearson of the 51st and Stoner of the 6th:
A RESOLUTION creating the Joint Study Committee on the Retrofit of Diesel Engines
SR 153. By Senators Weber of the 40th, Adelman of the 42nd, Williams of the 19th and Thompson of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation and comprehensive regulation of education improvement districts for the provision of facilities for one or more public or special schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
SR 333. By Senators Powell of the 23rd, Tolleson of the 20th, Tarver of the 22nd, Jackson of the 24th, Hudgens of the 47th and others:
A RESOLUTION honoring the memory of the late Lamar Mobley by naming a barn on the Di-Lane Plantation Wildlife Management Area after him; and for other purposes.

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

HB 563. By Representative Greene of the 149th:

A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Randolph County, approved February 28, 1994 (Ga. L. 1994, p. 3575), as amended, so as to provide for organization and officers of the board; to provide for a quorum and the transaction of business; to provide for board policies; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

SB 75.

By Senators Heath of the 31st, Hooks of the 14th, Cowsert of the 46th, Bulloch of the 11th, Tolleson of the 20th 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 or fish on their property or allow persons on such property for agritourism; to provide for a short title; to require the posting of certain signs; to provide for specifications for such signs; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 112. By Senator Smith of the 52nd:

A BILL to be entitled an Act to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to dispositions of fines and forfeitures, so as to revise provisions relating to additional criminal penalties for purposes of drug abuse treatment and education programs; to expand the list of offenses with respect to which such additional penalties shall be imposed; to provide that funds from such penalties may be used for drug court division purposes, as well as for the previously authorized 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.

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SB 114. By Senators Harbison of the 15th, Harp of the 29th, Douglas of the 17th and Seay of the 34th:
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 define certain terms; to provide for applicability; to provide for the transfer of students who are military dependents into a local school system; to provide for placement; to provide for a waiver of course prerequisites; to provide for additional excused absences for certain students; to provide for eligibility for enrollment; to provide for on-time graduation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 122. By Senators Goggans of the 7th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to divide the Georgia Retiree Health Benefit Fund into two funds; to define certain terms; to create the Georgia State Retiree Health Benefit Fund and the Georgia School Retiree Health Benefit Fund; to repeal the Georgia Retiree Health Benefit Fund; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 155. By Senators Pearson of the 51st, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Chance of the 16th and others:
A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd and others:
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,

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1925

so as to change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; 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.
SB 176. By Senators Heath of the 31st and Murphy of the 27th:
A BILL to be entitled an Act to amend Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law," so as to provide that on and after July 1, 2010, any increase in the actuarial accrued unfunded liability to a public retirement system which occurs as a result of the enactment of legislation shall be fully funded in the year in which such legislation becomes effective; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 177. By Senators Heath of the 31st and Murphy of the 27th:
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 appellate court judges who become members of the Employees' Retirement System of Georgia, persons who become members of the Georgia Legislative Retirement System, and persons who become members of the Georgia Judicial Retirement System on or after July 1, 2009, shall not be entitled to certain group term life insurance benefits; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
SB 191. By Senator Henson of the 41st:
A BILL to be entitled an Act to provide a new charter for the City of Stone Mountain; 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 repeal a specific Act; to provide for a referendum; to provide for effective dates; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.

SB 193. By Senators Grant of the 25th, Williams of the 19th, Hill of the 4th, Golden of the 8th, Seay of the 34th and others:

A BILL to be entitled an Act to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to authorize the Department of Corrections to consider certain offenders for participation in a transitional center or work release program during the offender's final year of incarceration, to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SB 196. By Senators Jackson of the 24th, Douglas of the 17th, Goggans of the 7th, Thomas of the 54th, Powell of the 23rd and others:

A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise penalties for causing serious injury due to a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; 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 213. By Senators Wiles of the 37th, Shafer of the 48th, Pearson of the 51st and Hill of the 32nd:

A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to specify manufacturer liability in certain cases; 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.

SR 12.

By Senators Pearson of the 51st, Rogers of the 21st, Williams of the 19th, Tolleson of the 20th, Mullis of the 53rd and others:

A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the payment of

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1927

rewards to the first person or firm or combination thereof which puts down and brings in the first commercial oil well in this state and to the first person or firm or combination thereof which puts down and brings in the first commercial natural gas well in this state; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
SR 109. By Senators Tolleson of the 20th, Mullis of the 53rd, Balfour of the 9th, Pearson of the 51st and Stoner of the 6th:
A RESOLUTION creating the Joint Study Committee on the Retrofit of Diesel Engines
Referred to the Committee on Motor Vehicles.
SR 153. By Senators Weber of the 40th, Adelman of the 42nd, Williams of the 19th and Thompson of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation and comprehensive regulation of education improvement districts for the provision of facilities for one or more public or special schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on Education.
SR 333. By Senators Powell of the 23rd, Tolleson of the 20th, Tarver of the 22nd, Jackson of the 24th, Hudgens of the 47th and others:
A RESOLUTION honoring the memory of the late Lamar Mobley by naming a barn on the Di-Lane Plantation Wildlife Management Area after him; and for other purposes.
Referred to the Committee on State Institutions & Property.
Representative Williams of the 165th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 344. By Representatives Davis of the 109th, Barnard of the 166th, Jerguson of the 22nd and Horne of the 71st:

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A BILL to be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize the Department of Corrections to establish and collect additional fees for services rendered to a felony defendant sentenced to a day reporting center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams
Allison N Amerson N Anderson
Ashe N Austin N Baker N Barnard N Battles
Bearden E Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner N Burkhalter N Burns
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, D Y Collins, T
Cooper N Cox

N Crawford Y Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey E Dickson Y Dobbs
Dollar Y Dooley E Drenner Y Dukes N Ehrhart N England Y Epps, C Y Epps, J N Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger N Glanton E Golick N Gordon N Graves Y Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M
Hatfield Y Heard

Y Heckstall N Hembree E Henson N Hill, C N Hill, C.A N Holt N Horne E Houston Y Howard
Hudson Y Hugley Y Jackson N Jacobs
James Jerguson Y Johnson, C E Johnson, T N Jones, J Y Jones, S E Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B Y Lane, R N Levitas N Lindsey Y Long N Loudermilk Lucas N Lunsford N Maddox, B Maddox, G Y Mangham

On the motion, the ayes were 50, nays 93.

N Manning N Marin N Martin N Maxwell N May Y Mayo N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy N Neal N Nix E Oliver N O'Neal
Parham N Parrish N Parsons N Peake Y Porter N Powell, A N Powell, J N Pruett E Ralston N Ramsey Y Randall N Reece N Reese
Rice N Roberts Y Rogers

N Rynders N Scott, A N Scott, M N Sellier N Setzler Y Shaw N Sheldon Y Shipp N Sims, B E Sims, C
Sinkfield N Smith, B E Smith, L N Smith, R E Smith, T N Smith, V Y Smyre N Stephens, M N Stephens, R E Stephenson N Talton Y Taylor Y Teilhet
Thomas Y Thompson N Walker E Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M
Williams, R Y Wix N Yates
Richardson, Speaker

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The motion was lost.
Representative Maddox of the 172nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following members were recognized during the period of Morning Orders and addressed the House:
Hugley of the 133rd and Randall of the 138th.
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 315. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require that certain disclosures be made in writing; to clarify that all valuable consideration obtained in a real estate transaction shall be disclosed; to clarify that the amounts of referral fees shall be disclosed; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require that certain disclosures be made in writing; to clarify that all valuable consideration obtained in a real estate transaction shall be disclosed; to clarify that the amounts of referral fees shall be disclosed; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by revising paragraphs (6), (29), and (35) of subsection (b) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices, as follows:

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"(6) Accepting, giving, or charging any undisclosed commission, fee, rebate, or direct profit, or other valuable consideration on expenditures made for a principal or any undisclosed commission, fee, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection, or for any other service related to a real estate transaction;" "(29) Failing to cause or preventing the disclosure of, on a real estate transaction settlement statement, any fee, charge, rebate, profit, commission, referral fee, or other valuable consideration for any service related to such transaction and the recipient of the consideration Reserved;" "(35) Failing to obtain a person's written agreement to refer that person to another licensee for brokerage or relocation services and to inform such person being referred whether or not the licensee will receive a valuable consideration for such referral and an estimate of such consideration."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier

Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parham

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R E Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton

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1931

Y Butler Byrd
Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B
Maddox, G Y Mangham

Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett E Ralston
Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers

Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 147, nays 2.

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

Representatives Hudson of the 124th, Keen of the 179th, Maddox of the 172nd, Morris of the 155th, and Smyre of the 132nd stated that 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 Pro Tem assumed the Chair.

HB 552. By Representatives Barnard of the 166th, Stephens of the 164th, Lane of the 167th, Bryant of the 160th, Williams of the 178th and others:

A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to standards for wells and boreholes; to change certain provisions relating to bonds and letters of credit for water well contractors or drillers; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to standards for wells and boreholes; to change certain provisions relating to bonds and

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letters of credit for water well contractors or drillers; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, is amended in Code Section 12-5-134, relating to standards for wells and boreholes, by deleting "and" at the end of paragraph (5), replacing the period at the end of paragraph (6) with "; and", and adding a new paragraph (7) to read as follows:
"(7) No well or borehole shall be drilled or used for the purpose of injecting any surface water into the Floridan aquifer in any county governed by the Georgia coastal zone management program provided by Code Section 12-5-327 before July 1, 2014."

SECTION 2. Said part is further amended by revising subsection (i) of Code Section 12-5-135, relating to bonds and letters of credit for water well contractors or drillers, as follows:
"(i) No bond or irrevocable letter of credit provided for in this Code section shall be accepted by the director from any water well contractor or driller who shall drill any well or borehole for the purpose of injecting any surface water into the floridan aquifer in any county governed by the Georgia coastal zone management program provided by Code Section 12-5-327 after July 1, 2003, and before December 31, 2009 July 1, 2014."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to wells or boreholes and drilling wells or boreholes on or after such date.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey

Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo

Y Rynders Scott, A
Y Scott, M Y Sellier E Setzler Y Shaw

TUESDAY, MARCH 10, 2009

1933

Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Dickson Y Dobbs
Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Powell, A Y Powell, J Y Pruett E Ralston Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 0.

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

Representatives Hudson of the 124th, Keen of the 179th, and Powell of the 29th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 550. By Representatives Meadows of the 5th, Dempsey of the 13th, Neal of the 1st, Loudermilk of the 14th, Burkhalter of the 50th and others:

A BILL to be entitled an Act to amend Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, so as to provide an additional method of payment by a mutual life insurer of the equity; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, so as to provide an additional method of payment by a mutual life insurer of the equity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, is amended by revising paragraph (6) of subsection (b) as follows:
"(6) The plan, as elected by the insurer and voted upon by the members, gives to each policyholder of the insurer as specified in paragraph (5) of this subsection one of the following:
(A)(i) A preemptive right to acquire his or her proportionate part of all of the proposed capital stock of the insurer within a designated reasonable period and to apply upon the purchase price thereof the amount of his or her equity in the insurer as determined in paragraph (4) of this subsection. (ii) Shares are so offered to policyholders at a price not greater than that to be thereafter offered to others. (iii) The plan provides for payment, to each policyholder not electing to apply his or her equity in the insurer for or upon the purchase price of stock to which preemptively entitled, of cash in the amount of not less than 50 percent of the amount of his or her equity not so used for the purchase of stock, which cash payment together with stock so purchased, if any, shall constitute full payment and discharge of the policyholder's equity as an owner of the mutual insurer; (B)(i) Payment in cash to each policyholder of 100 percent of his or her equity in the insurer, as determined in paragraph (4) of this subsection. (ii) If a life insurer, payment may be provided as a paid-up life insurance policy with a cash value equal to 100 percent of the policyholder's equity in the insurer; or (C)(i) A preemptive right to acquire a percentage of his or her proportionate part of all of the proposed capital stock of the insurer within a designated reasonable period and to apply upon the purchase price thereof that same percentage amount of his or her equity in the insurer as determined in paragraph (4) of this subsection. (ii) Shares are so offered to policyholders at a price not greater than that to be thereafter offered to others. (iii) The plan provides for payment, to each policyholder not electing to apply his or her equity in the insurer for or upon the purchase price of stock to which preemptively entitled, of cash in the amount of not less than 50 percent of the amount of his or her equity not so used for the purchase of stock, which cash

TUESDAY, MARCH 10, 2009

1935

payment together with stock so purchased, if any, shall constitute full payment and discharge of the policyholder's equity as an owner of the mutual insurer."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J
Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B
Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby
Murphy Y Neal Y Nix E Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett E Ralston
Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R E Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 0.

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

Representatives Hudson of the 124th, Powell of the 29th, and Smyre of the 132nd stated that 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 254. By Representatives Peake of the 137th, Keen of the 179th, Lindsey of the 54th, Rice of the 51st, Scott of the 2nd and others:

A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton

Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs
James Y Jerguson
Johnson, C E Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox

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

Y Rynders Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson

TUESDAY, MARCH 10, 2009

1937

Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B
Maddox, G Y Mangham

Powell, A Y Powell, J Y Pruett E Ralston
Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts
Rogers

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

On the passage of the Bill, the ayes were 152, nays 0.

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

Representative Powell of the 29th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 245. By Representatives Willard of the 49th and Oliver of the 83rd:

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 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Part 7 of Article 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 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 7 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to delinquent and unruly children, is amended by revising paragraph (1) of subsection (b) of Code Section 15-11-66, relating to disposition of a delinquent child, as follows:
"(b)(1) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the

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court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Driver Services of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion in those cases involving: (A) a violation of probation involving another adjudicated delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions set forth in paragraph (2) of this subsection; (B) an offense that would be a felony if committed by an adult; or (C) an offense that would be a misdemeanor of a high and aggravated nature if committed by an adult and involving bodily injury or harm or substantial likelihood of bodily injury or harm, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 60 30 days in a youth development center, or after assessment and with the court's approval, in a treatment program provided by the Department of Juvenile Justice or the juvenile court. A child ordered to a youth development center under this paragraph and detained in a secured facility pending placement in the youth development center shall be given credit for time served in the secured facility awaiting placement. On and after July 1, 2011, the maximum number of days that the court may order a child to serve in a youth development center under this paragraph shall be increased to 60 days."

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 Allison Y Amerson Y Anderson Y Ashe

Y Crawford N Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey

Y Heckstall Y Hembree E Henson Y Hill, C N Hill, C.A Y Holt

N Manning Y Marin Y Martin N Maxwell N May N Mayo

N Rynders Scott, A
N Scott, M N Sellier E Setzler N Shaw

TUESDAY, MARCH 10, 2009

1939

Y Austin Y Baker Y Barnard N Battles Y Bearden E Beasley-Teague N Benfield Y Benton N Black N Brooks Y Bruce Y Bryant E Buckner
Burkhalter Y Burns
Butler Y Byrd N Carter, A Y Carter, B N Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole E Coleman N Collins, D Y Collins, T Y Cooper N Cox

Y Dickson N Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton N Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B
Harden, M Y Hatfield N Heard

Y Horne N Houston N Howard N Hudson N Hugley Y Jackson Y Jacobs Y James N Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox N Lane, B N Lane, R Y Levitas N Lindsey N Long Y Loudermilk
Lucas Y Lunsford N Maddox, B N Maddox, G N Mangham

Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan N Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J N Pruett
Ralston Y Ramsey N Randall N Reece Y Reese Y Rice N Roberts Y Rogers

N Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield
Smith, B E Smith, L Y Smith, R
Smith, T Y Smith, V N Smyre Y Stephens, M
Stephens, R E Stephenson N Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A Y 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 102, nays 53.

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

Representative Scott of the 153rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Harden of the 28th 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 324. By Representatives Ralston of the 7th and Willard of the 49th:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedure for appeals to superior or state court, so as to require the payment of costs of the tribunal appealed from before hearing of an appeal in state court, in the same manner

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as currently required in 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:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E 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 E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin
Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall
Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 157, nays 0.

Y Rynders Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Shipp
Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Sims of the 119th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

TUESDAY, MARCH 10, 2009

1941

HB 473. By Representatives Harbin of the 118th, Keen of the 179th, Stephens of the 164th, Ehrhart of the 36th, Kaiser of the 59th and others:
A BILL to be entitled an Act 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 grants for clean energy property for a limited period of time from federal funds available for such purposes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Part 1 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority generally, so as to provide for grants for clean energy property for a limited period of time from federal funds available for such purposes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 1 of Chapter 23 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Environmental Facilities Authority generally, is amended by adding a new Code section to read as follows:
"50-23-21. (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 a person in connection with a business or for the production of income and is capitalized by the person 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 and passive space heating and cooling, generating electricity, distillation, desalinization, or the production of industrial or commercial process heat, as well as related devices necessary for collecting, storing,

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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 a person, cost is the aggregate funds actually invested and expended by a person to put into service the clean energy property; and (B) In the case of clean energy property a person leases from another, cost is eight times the net annual rental rate, which is the annual rental rate paid by the person less any annual rental rate received by the person from subrentals. (5) 'Installation' means the year in which the clean energy property is put into service and becomes eligible for a grant allowed by this Code section. (b)(1) The authority may issue a grant to any person for the construction, purchase, or lease of clean energy property that is placed into service in this state between the effective date of this Code section and December 31, 2012, subject to the provisions of this Code section. (2) A person that receives a grant allowed under this Code section shall not be eligible to claim any tax credit under Code Section 48-7-29.14 or any other grant under this Code section with respect to the same clean energy property. (3) A person shall not receive a grant allowed in this Code section for clean energy property the person leases from another unless such person obtains the lessor's written certification that the lessor will not receive a grant under this Code section or claim a credit under Code Section 48-7-29.14 with respect to the same clean energy property. (4) Grants shall not be issued under this Code section except to effect participation in a federal government program which authorizes the use of federal funds for purposes of this Code section. In no event shall the total amount of grants allowed by this Code section exceed federal funds made available to the authority for such purposes. No funds derived from any other sources shall be granted under this Code section.

TUESDAY, MARCH 10, 2009

1943

(5)(A) Any person seeking any grant provided for under this Code section shall submit an application to the authority for approval of such grant. The authority shall promulgate the forms on which the application is to be submitted. The authority shall review such application and shall approve such application upon determining that it meets the requirements of this Code section within 60 days after receiving such application, subject to availability of funds as provided by paragraph (4) of this subsection. (B) To apply for a grant allowed by this Code section, the person shall provide any information required by the authority. Every person receiving a grant under this Code section shall maintain and make available for inspection by the authority any records that the authority considers necessary to determine and verify the amount of the grant to which the person is entitled. The burden of proving eligibility for a grant and the amount of the grant shall rest upon the applicant, and no grant shall be allowed to a person that fails to maintain adequate records or to make them available for inspection. (C) The authority shall issue the grants on a first come, first served basis. In no event shall the aggregate amount of grants approved by the authority for all applicants under this Code section exceed the limitations specified in paragraph (4) of this subsection. (6) Any grant allowed by paragraph (1) of 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 grant allowed by this subsection shall 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 grant 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 subparagraph (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

1944

JOURNAL OF THE HOUSE

(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 $4,000.00 per installation for Energy Star certified geothermal heat pump systems applies as described in subparagraph (a)(3)(B) of this Code section. (c) The authority shall be authorized to adopt rules and regulations to provide for the administration of any grant provided by this Code section. Specifically, the authority shall create a mechanism to track and report the status and availability of grants for the public to review at a minimum on a quarterly basis. (d) The authority shall provide an annual report of: (1) The number of persons that claimed the grants allowed in this Code section; (2) The cost of clean energy property with respect to which grants were issued; (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 grants allowed."
SECTION 2. This Act shall become effective 30 days after the date it is approved by the Governor or becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

TUESDAY, MARCH 10, 2009

1945

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar
Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 3.

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 303. By Representatives Rogers of the 26th, Willard of the 49th, Collins of the 27th, Oliver of the 83rd and Ralston of the 7th:

1946

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, so as to authorize solicitors-general and assistant solicitors-general to have access to such reports for official purposes; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, so as to authorize solicitors-general and assistant solicitors-general to have access to such reports for official purposes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, is amended by revising paragraph (4) of subsection (a) as follows:
"(4) A The district attorney of any judicial circuit in this state, a solicitor-general, or any assistant district attorney or assistant solicitor-general who may seek such access in connection with official duty;"

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 Allison Y Amerson

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler

Y Heckstall Y Hembree E Henson Y Hill, C

Y Manning Y Marin Y Martin Y Maxwell

Y Rynders Y Scott, A Y Scott, M Y Sellier

TUESDAY, MARCH 10, 2009

1947

Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E 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, D Y Collins, T Y Cooper Y Cox

Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner
Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall
Reece Y Reese Y Rice Y Roberts Y Rogers

Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 0.

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

HB 123. By Representatives Ramsey of the 72nd, Bearden of the 68th, Williams of the 178th, Levitas of the 82nd, Peake of the 137th and others:

A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to child molestation; 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

1948

JOURNAL OF THE HOUSE

To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to child molestation; to provide a definition; to provide for venue; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by revising Code Section 16-6-4, relating to child molestation and aggravated child molestation, as follows:
"16-6-4. (a) A person commits the offense of child molestation when he or she does such person:
(1) Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or (2) By means of an electronic device, transmits images of such person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person. (b)(1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. (2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d)(1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not

TUESDAY, MARCH 10, 2009

1949

exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) A person convicted of the offense of aggravated child molestation when:
(A) The victim is at least 13 but less than 16 years of age; (B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1. (e) A person shall be subject to prosecution in this state pursuant to Code Section 17-21 for any conduct made unlawful by paragraph (2) of subsection (a) of this Code section which the person engages in while: (1) Either within or outside of this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides in this state; or (2) Within this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides within or outside this state."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart

Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L

1950

JOURNAL OF THE HOUSE

Y Benton Y Black Y Brooks Y Bruce Y Bryant E 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
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y James Y Jerguson Y Johnson, C E Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 3.

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

Representative Carter of the 159th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 115. By Representatives Jerguson of the 22nd, Ramsey of the 72nd, Williams of the 4th, Powell of the 29th, Maddox of the 127th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales of distilled spirits, so as to require the provision of certain identifying information to the commissioner to enable a determination to be made as to whether a person or a person's family holds more than two retail dealer licenses; 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

TUESDAY, MARCH 10, 2009

1951

To amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales of distilled spirits, so as to require the provision of certain identifying information to the commissioner to enable a determination to be made as to whether a person or a person's family holds more than two retail dealer licenses; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales of distilled spirits, is amended by revising Code Section 3-4-21, relating to prohibition of holding or having beneficial interest in more than two retail dealer licenses, as follows:
"3-4-21. (a) As used in this Code section, the term:
(1) 'Beneficial interest' means an ownership interest in, vested interest in, partnership arrangement with, or other business association with the retail dealer licensee. (2) 'Family' means any person related to the holder of the license within the first degree of consanguinity and affinity as computed according to the canon law including by blood, adoption, or marriage as a parent, child, sibling, or spouse. (3) 'Person' shall have the same meaning as provided for in Code Section 3-1-2. (b) For purposes of this Code section, the beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate. (c) No person or family shall be issued more than two retail dealer licenses, nor shall any person or family be permitted to have a beneficial interest in more than two retail dealer licenses issued under this chapter, regardless of the degree of such interest. (b) For purposes of this Code section:
(1) The term 'person' shall include all members of a retail dealer licensee's family; and the term 'family' shall include any person related to the holder of the license within the first degree of consanguinity and affinity as computed according to the canon law. (2) The beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate. (c) Nothing contained in this Code section shall prohibit the reissuance of a valid retail dealer license if the license has been: (1) Held prior to the creation of any of the above relationships by marriage; or (2) Held prior to April 3, 1978. (d)(1) Prior to the issuance or reissuance of a retail dealer license, the person applying for the license or the renewal of a license shall provide to the commissioner:

1952

JOURNAL OF THE HOUSE

(A) One of the following forms of identification: (i) A Georgia driver's license number, (ii) Number on the identification card authorized under Code Sections 40-5-100 through 40-5-104; (iii) Social security number; (iv) Passport number; (v) Resident alien card number; (vi) Temporary resident alien card number; or (vii) Immigration and Naturalization Service number; and
(B) One of the following forms of identification of each of his or her family members:
(i) A Georgia driver's license number, (ii) Number on the identification card authorized under Code Sections 40-5-100 through 40-5-104; (iii) Social security number; (iv) Passport number; (v) Resident alien card number; (vi) Temporary resident alien card number; or (vii) Immigration and Naturalization Service number. (2) Failure to provide to the commissioner the identification required pursuant to paragraph (1) of this subsection shall result in a denial of the issuance or reissuance of a retail dealer license. (3) If the person applying for the license or the renewal of a license is not an individual, the officers, directors, and any person holding a beneficial interest in the entity applying for the retail dealer license shall comply with the requirements of this subsection. (4) Nothing contained in this subsection shall prohibit the reissuance of a valid retail dealer license if the license has been held prior to July 1, 2009. (e) Nothing contained in this Code section shall prohibit the reissuance of a valid retail dealer license if the license has been: (1) Held prior to the creation of any of the relationships by marriage referenced in paragraph (2) of subsection (a) of this Code section; or (2) Held prior to April 3, 1978."
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:

TUESDAY, MARCH 10, 2009

1953

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E 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, D N Collins, T Y Cooper N Cox

Y Crawford N Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar Y Dooley E Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner
Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C E Johnson, T Y Jones, J
Jones, S E Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lindsey Y Long N Loudermilk
Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett N Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson N Walker Y Weldon 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 142, nays 15.

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

Representatives Hill of the 180th 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 Pruett of the 144th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 191. By Representatives Benton of the 31st, Meadows of the 5th and Maxwell of the 17th:

1954

JOURNAL OF THE HOUSE

A BILL to be entitled an Act to amend Code Section 47-2-353 of the Official Code of Georgia Annotated, relating to the calculation of a service retirement allowance for members subject to the provisions of the "Georgia State Employees' Pension and Savings Plan," so as to provide that computation of a retirement benefit for certain members shall not include a compensation increase in the last 12 months of employment which exceeds 10 percent; 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 47-2-353 of the Official Code of Georgia Annotated, relating to the calculation of a service retirement allowance for members subject to the provisions of the "Georgia State Employees' Pension and Savings Plan," so as to provide that computation of a retirement benefit for certain members shall not include a compensation increase in the last 12 months of employment which exceeds 5 percent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-2-353 of the Official Code of Georgia Annotated, relating to the calculation of a service retirement allowance for members subject to the provisions of the "Georgia State Employees' Pension and Savings Plan," is amended by revising paragraph (2) as follows:
"(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; provided, however, that for members employed on or after July 1, 2009, no salary increase by adjustment in compensation in any manner during the last 12 months, which increase is in excess of 5 percent, shall be included in such computation."
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.

TUESDAY, MARCH 10, 2009

1955

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E 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
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C E Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 161, nays 0.

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

HB 381. By Representatives England of the 108th, Roberts of the 154th, Levitas of the 82nd, McCall of the 30th, Maddox of the 127th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to

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enforcement of the Georgia Food Act by the Commissioner of Agriculture and employment of personnel; to provide for inspections by representatives of county boards of health acting as agents of the Commissioner of Agriculture in certain circumstances; to provide for reports and referrals; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to enforcement of the Georgia Food Act by the Commissioner of Agriculture and employment of personnel; to provide for reports to the Commissioner of Agriculture and the United States Department of Agriculture Food Safety and Inspection Service by representatives of county boards of health of certain suspected violations; to define a certain term; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, is amended by revising Code Section 26-2-33, relating to enforcement of the Georgia Food Act by the Commissioner of Agriculture and employment of personnel, as follows:
"26-2-33. (a)(1) The Commissioner is charged with the duty of enforcing this article and rules, regulations, and standards adopted and promulgated under this article in establishments that have the majority of square footage of building floor space used for the operation of food sales as defined in Code Section 26-2-21. The measurement of square footage shall consider indoor and outdoor dining areas as part of food service as defined in Code Section 26-2-370. The Commissioner shall employ the necessary personnel and shall fix their compensation and prescribe their duties. Duly authorized representatives are shall be authorized to enter upon and inspect the premises of any food sales establishment. (2) If a representative of a county board of health has cause to suspect that a violation of this article or any rules, regulations, or standards adopted and promulgated under this article has occurred at a food processing plant located within such county, such representative shall immediately report and refer the matter to the Department of Agriculture. As used in this paragraph, the term 'food processing plant' means a commercial operation that manufactures food for human consumption and does not provide food directly to a consumer from such plant's location. Such term shall not

TUESDAY, MARCH 10, 2009

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include a commercial operation that produces raw agricultural commodities and that has as an end product a raw agricultural product or any plant operating under a federal grant of inspection from the United States Department of Agriculture Food Safety and Inspection Service. (3) If a representative of a county board of health has cause to suspect that a violation of this article or any rules, regulations, or standards adopted and promulgated under this article has occurred at any plant operating under a federal grant of inspection from the United States Department of Agriculture Food Safety and Inspection Service, such representative shall immediately report and refer the matter to the United States Department of Agriculture Food Safety and Inspection Service and shall notify the Department of Agriculture that such a report and referral has been made and the reason therefore. (b) Notwithstanding any other provision of this article, food service establishments as defined in Code Section 26-2-370 shall be inspected and regulated under Article 13 of this chapter and shall not be subject to inspection or enforcement 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 laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C E Johnson, T Y Jones, J

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M

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E 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
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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.

The Speaker assumed the Chair.

Representative Bearden of the 68th District, Secretary 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 454 Do Pass, by Substitute

Respectfully submitted, /s/ Bearden of the 68th
Secretary

Representative Ehrhart of the 36th District, Chairman of the Committee on Rules, submitted the following report:

Mr. Speaker:

TUESDAY, MARCH 10, 2009

1959

Your Committee on Rules 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 674 Do Pass, by Substitute HB 700 Do Pass

HR 164 Do Pass HR 334 Do Pass

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

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

HB 523. By Representatives Lunsford of the 110th, Cooper of the 41st, Harbin of the 118th, Randall of the 138th, Jerguson of the 22nd and others:

A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to provide that a brand necessary indication applies to refills; 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 and adopted:

A BILL

To amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to 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.

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.

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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 his or her 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 of no longer than 72 hours until communication can be established with the prescribing physician or his or her designee. A physician, in consultation with the patient, may specify a generic manufacturer for immunosuppressive drugs by indicating such designation on the prescription. This Code section shall not apply to a pharmacist who is a member of the staff of and dispenses drugs from the pharmacy of a hospital issued a permit as an institution under Code Section 31-7-1."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam N Abrams N Allison Y Amerson N Anderson N Ashe N Austin Y Baker Y Barnard Y Battles N Bearden E Beasley-Teague Y Benfield N Benton N Black N Brooks N Bruce N Bryant E Buckner Y Burkhalter N Burns N Butler Y Byrd N Carter, A N Carter, B

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs Y Dollar N Dooley E Drenner N Dukes Y Ehrhart Y England Y Epps, C N Epps, J Y Everson Y Floyd
Fludd Y Franklin N Frazier Y Fullerton N Gardner N Geisinger N Glanton

N Heckstall Y Hembree Y Henson Y Hill, C N Hill, C.A Y Holt N Horne N Houston Y Howard Y Hudson N Hugley N Jackson N Jacobs N James Y Jerguson Y Johnson, C N Johnson, T
Jones, J N Jones, S E Jordan Y Kaiser Y Keen Y Keown N Knight N Knox

N Manning N Marin Y Martin Y Maxwell N May Y Mayo N McCall N McKillip N Meadows Y Millar N Mills N Mitchell Y Morgan N Morris N Mosby N Murphy N Neal N Nix N Oliver Y O'Neal N Parham N Parrish Y Parsons Y Peake N Porter

Y Rynders Y Scott, A Y Scott, M Y Sellier N Setzler N Shaw Y Sheldon Y Shipp N Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L N Smith, R N Smith, T
Smith, V N Smyre N Stephens, M N Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson

TUESDAY, MARCH 10, 2009

1961

Y Casas Y Chambers N Channell N Cheokas Y Coan N Cole N Coleman Y Collins, D N Collins, T Y Cooper Y Cox

E Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin N Harden, B N Harden, M N Hatfield N Heard

Y Lane, B N Lane, R Y Levitas N Lindsey N Long Y Loudermilk N Lucas Y Lunsford N Maddox, B Y Maddox, G N Mangham

N Powell, A N Powell, J
Pruett N Ralston Y Ramsey N Randall Y Reece N Reese Y Rice N Roberts Y Rogers

Y Walker N Weldon N Wilkinson N Willard N Williams, A N 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 64, nays 103.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Pruett of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 379. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation and exemption regarding income taxes, so as to define certain terms; to disallow expenses paid to certain real estate investment trusts; to provide for procedures, conditions, and limitations; 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 exemption regarding income taxes, so as to define certain terms; to disallow expenses paid to certain real estate investment trusts; to provide for procedures, conditions, and limitations; 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 exemption regarding income taxes, is amended in

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subsection (b) of Code Section 48-7-21, relating to taxation of corporations, by adding a new paragraph to read as follows:
"(16) Georgia taxable income shall be adjusted as provided in Code Section 48-728.4."
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:
"(13) 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) 'Association taxable as a corporation', for purposes of paragraph (2) of this subsection, does not include:
(A) A real estate investment trust as defined in this Code section, other than a 'captive real estate investment trust'; (B) Any qualified real estate investment trust subsidiary under Section 856(i) of the Internal Revenue Code of 1986, as amended, other than a qualified REIT subsidiary of a 'captive real estate investment trust'; (C) Any Listed Australian Property Trust, meaning an Australian unit trust registered as a 'Managed Investment Scheme' under the Australian Corporations Act in which the principal class of units is listed on a recognized stock exchange in Australia and is regularly traded on an established securities market, or an entity organized as a trust, provided that a Listed Australian Property Trust owns or controls, directly or indirectly, 75 percent or more of the voting power or value of the beneficial interests or shares of such trust; or (D) Any qualified foreign entity, meaning a corporation, trust, association or partnership organized outside the laws of the United States and which satisfies the following criteria:
(i) At least 75 percent of the entity's total asset value at the close of its taxable year is represented by real estate assets, as defined at Section 856(c)(5)(B) of the Internal Revenue Code of 1986, as amended, thereby including shares or certificates of beneficial interest in any real estate investment trust, cash and cash equivalents, and U.S. Government securities; (ii) The entity is not subject to tax on amounts distributed to its beneficial owners, or is exempt from entity-level taxation; (iii) The entity distributes at least 85 percent of its taxable income, as computed in the jurisdiction in which it is organized, to the holders of its shares or certificates of beneficial interest on an annual basis;

TUESDAY, MARCH 10, 2009

1963

(iv) Not more than 10 percent of the voting power or value in such entity is held directly or indirectly or constructively by a single entity or individual, or the shares or beneficial interests of such entity are regularly traded on an established securities market; and (v) The entity is organized in a country which has a tax treaty with the United States. (2) 'Captive real estate investment trust' means any real estate investment trust the shares or beneficial interests of which are not regularly traded on an established securities market, and more than 50 percent of the voting power or value of the beneficial interests or shares of which are owned or controlled, directly or indirectly, or constructively, by a single entity that is: (A) Treated as an association taxable as a corporation under the Internal Revenue Code of 1986, as amended; and (B) Not exempt from federal income tax pursuant to the provisions of Section 501(a) of the Internal Revenue Code of 1986, as amended. (3) '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, as amended. (4) 'Real estate investment trust' means an entity that has elected such status for federal income tax purposes and meets the requirements of Section 856 of the Internal Revenue Code of 1986, as amended. (5) 'Related member' means the same as is defined in Code Section 48-7-28.3. (b) For purposes of computing Georgia taxable net income under Code Sections 48-721 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 back before the income is apportioned or allocated as provided by Code Section 48-7-31. (c) 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 received as income by the captive real estate investment trust are reduced by expenses paid, accrued or incurred to persons that are not related members, and such expenses shall be allowed in computing the captive real estate investment trust's federal taxable income. (d) 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)(C) of Code Section 48-7-31, Code Section 48-7-35, or Code Section 48-7-31.1. Nothing in this Code section shall be construed to limit or negate the commissioner's authority otherwise to enter into agreements and compromises otherwise allowed by law. (e)(1) For purposes of this subsection, the term: (A) 'Allocated or apportioned, or both' does not mean the amount of income that is subject to allocation or apportionment, or both. Rather it means the amount that is

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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. (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 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 between the captive real estate investment trust and another 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 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. For purposes of this paragraph, the corresponding expenses and costs shall not be considered to have been received as income by the captive real estate investment trust to the extent such income is reduced, in computing the income of the captive real estate investment trust in Georgia or another state, by the dividends paid deduction or by expenses paid, accrued, or incurred to persons that are not related members, or both. (3) In claiming the exception allowed by this subsection, the taxpayer shall disclose on its return, with respect to the captive real estate investment trust, 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. (f) Nothing in this Code section shall require a taxpayer to add to its 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. (g) 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. (h) Except as otherwise provided in this Code section, a real estate investment trust that is intended to be regularly traded on an established securities market, and that satisfies the requirements of Section 856(a)(5) and (6) of the Internal Revenue Code of 1986, as amended, by reason of Section 856(h)(2) of the Internal Revenue Code of 1986, as amended, shall not be deemed a captive real estate investment trust within the meaning of this Code section.

TUESDAY, MARCH 10, 2009

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(i) A real estate investment trust that does not become regularly traded on an established securities market within one year of the date on which it first becomes a real estate investment trust shall be deemed not to have been regularly traded on an established securities market, retroactive to the date it first became a real estate investment trust. For purposes of this subsection, a real estate investment trust becomes a real estate investment trust on the first day that it has both met the requirements of Section 856 of the Internal Revenue Code of 1986, as amended, and has elected to be treated as a real estate investment trust pursuant to Section 856(c)(1) of the Internal Revenue Code of 1986, as amended,. (j) For purposes of this Code section, the constructive ownership rules of Section 318(a) of the Internal Revenue Code of 1986, as amended, as modified by Section 856(d)(5) of the Internal Revenue Code of 1986, as amended, shall apply in determining the ownership of stock, assets, or net profits of any person. (k) 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. (l) 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. (m) 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 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, 2010.

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip

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

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Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart
England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson
Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 Pruett of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 438. By Representatives O`Neal of the 146th and Stephens of the 164th:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects; to provide for procedures, conditions, and limitations; 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:

TUESDAY, MARCH 10, 2009

1967

A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects; to provide for procedures, conditions, and limitations; 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, computation, and exemptions regarding income tax is amended by revising Code Section 48-7-40.24, relating to income tax credits for qualified jobs, investment, investment property, and projects, to read as follows:
"48-7-40.24. (a) As used in this Code section, the term:
(1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization engaged in or carrying on any business activities within this state, except that such term shall not include retail businesses. (2) 'Eligible full-time employee' means an individual holding a full-time employee job created by a qualified project. (3) 'Force majeure' means any:
(A) Explosions, implosions, fires, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site or sites of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (4) 'Full-time employee job' and 'full-time job' means employment of an individual which:

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(A) Is located in this state at the site or sites of a qualified project or the manufacturing facility or facilities 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. For purposes of this paragraph, leased employees will be considered employees of the company using their services and such persons may be counted in determining the company's job tax credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individual's employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) 'Investment requirement' means the requirement that by the close of the sixth taxable year following the withholding start-date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (6) 'Job creation requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start-date start date, the business enterprise will have a minimum of 1,800 eligible full-time employees. (7)(6) 'Job maintenance requirement' means the requirement that, with respect to each year in the recapture period, the monthly average number of eligible full-time employees employed by the business enterprise, determined as prescribed by subsection (l) of this Code section, must equal or exceed 1,800. (7) 'Payroll maintenance requirement' means the requirement that, with respect to each year in the recapture period, the total annual Georgia W-2 reported payroll with respect to a qualified project must equal or exceed $150 million. (8) 'Payroll requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start date, the business enterprise will have a minimum of $150 million in total annual Georgia W-2 reported payroll with respect to a qualified project. (8)(9) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment any personal property to be used in the manufacturing facility or facilities.

TUESDAY, MARCH 10, 2009

1969

(10) 'Qualified investment property requirement' means the requirement that by the close of the sixth taxable year following the withholding start date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (9)(11) 'Qualified project' means a project which meets the job creation requirement and either the payroll requirement or qualified investment property requirement. If the taxpayer selects the qualified investment property requirement as one of the conditions for its project, the property shall involve the construction of one or more new facilities the construction of a new manufacturing facility in this state or the expansion of an one or more existing manufacturing facility facilities in this state. For purposes of this paragraph, the term 'manufacturing facility facilities' means all facilities comprising a single facility, including contiguous project, including noncontiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices, that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility personal property that is used in the facility or facilities. (10)(12) 'Recapture period' means the period of five consecutive taxable years that commences after the first taxable year in which a business enterprise has satisfied both the investment requirement and the job creation requirement and either the payroll requirement or the qualified investment property requirement, as selected by the taxpayer. (11)(13) 'Withholding start-date start date' means the date on which the business enterprise begins to withhold Georgia income tax from the wages of its employees located at the site or sites of a qualified project. (b) A business enterprise that is planning a qualified project shall be allowed to take the job tax credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence and the expected withholding start-date start date; (B) Certifies that such project will meet the investment job creation requirement and the job creation either the payroll requirement or the qualified investment property requirement prescribed by this Code section; and

1970

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(C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement and, if applicable, the payroll maintenance requirement prescribed by this Code section; (2) Following the commissioner's referral of the application to a panel composed of the commissioner of community affairs, the commissioner of economic development, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new or expanded facility or expansion facilities will have a significant beneficial economic effect on the region for which it is they are planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayer's application and any necessary supporting documentation. Although the panel's certification may be based upon other criteria, a project that meets the minimum employment and job creation requirement and either the payroll requirement or qualified investment requirements property requirement, as applicable, specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met: (A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior year's Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayer's Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility or facilities which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a tax credit for taxes imposed under this article equal to $5,250.00 annually per new eligible fulltime employee job for five years beginning with the year in which such job is created through year five after such creation; 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. 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

TUESDAY, MARCH 10, 2009

1971

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. For any one taxable year the amounts taken as a credit against taxes imposed under this article and against the business enterprise's quarterly or monthly payments under Code Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time employee job. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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. 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. (e) 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 or as 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 by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period for the prior taxable year. (f) 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. (g) 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 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. (h) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for ten years from the close of the taxable year in which the qualified job was established. (i) Except as provided in subsection (g) of this Code section, a taxpayer who is entitled to and takes credits provided by this Code section with respect to for a qualified project

1972

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shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 487-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, or 48-7-40.18 with respect to for jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Provided such taxpayer otherwise qualifies, such Such taxpayer may take any credit authorized by Code Section 48-740.5 for the costs of retraining an employee located at the site or sites of such project or the manufacturing facility or facilities resulting therefrom, but only with respect to for costs incurred more than five years after the date the manufacturing facility or facilities first becomes become operational. (j) Except under those circumstances described in subsection (k) of this Code section, the taxpayer shall, not more than 60 days after the close of the sixth taxable year following its withholding start-date start date, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to determine whether the taxpayer has met both the job creation requirement and either the payroll requirement or the qualified investment property requirement, as selected by the taxpayer, for and job creation requirement with respect to such project. If the taxpayer has failed to meet either such any applicable job creation, payroll, or qualified investment property requirement, the taxpayer will forfeit the right to claim any credits provided by this Code section for such project. A taxpayer that forfeits the right to claim such credits is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification from the commissioner that either the investment requirement or the job creation any applicable job creation, payroll, or qualified investment property requirement was not met, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. On such amended returns the taxpayer may claim any credit to which it would have been entitled under this article but for having taken the credit provided by this Code section. (k) If the recapture period applicable to a qualified project begins with or before the sixth taxable year following the taxpayer's withholding start-date start date, the taxpayer shall, not later than 60 days after the close of the taxable year immediately preceding the recapture period, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to verify that the taxpayer met both the job creation requirement and either the payroll

TUESDAY, MARCH 10, 2009

1973

requirement or the qualified investment property requirement and job creation requirement in such preceding year. (l) Not more than 60 days after the close of each taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement and, if applicable, the payroll maintenance requirement for such year. For purposes of this subsection, whether such job maintenance requirement has been satisfied shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with 1,800. For purposes of this subsection, whether such payroll maintenance requirement has been satisfied shall be determined by comparing the total annual Georgia W-2 reported payroll with respect to a qualified project for the taxable year with $150 million. If the taxpayer has failed to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, the taxpayer will forfeit the right to 20 percent of all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for 20 percent of all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (m) A taxpayer who fails to meet the job maintenance requirement or payroll maintenance requirement, or both, for any taxable year within the recapture period because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (l) of this Code section. If the commissioner determines that force majeure materially affected the taxpayer's ability to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, but that the portion of the year so affected was six months or less, for purposes of the job maintenance requirement the commissioner shall calculate the taxpayer's monthly average number of eligible full-time employees for purposes of subsection (l) of this Code section by disregarding the affected months and for purposes of the payroll maintenance requirement the commissioner shall annualize the total Georgia W-2 reported payroll with respect to a qualified project for the portion of the year not so affected. If the commissioner determines that the affected portion of the year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement or payroll maintenance requirement, or both, and the

1974

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recapture period applicable to the qualified project shall be extended for an additional year. (n) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsection (j) or (l) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsection (j) or (l) of this Code Section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (o) Projects certified by the panel pursuant to paragraph (2) of subsection (b) of this Code section before January 1, 2009, shall be governed by this Code section as it was in effect for the taxable year the project was certified. (p) 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, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Brooks Y Bruce

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre

TUESDAY, MARCH 10, 2009

1975

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, D Y Collins, T Y Cooper Y Cox

Y Floyd Y Fludd Y Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon
Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Jones, J Y Jones, S E Jordan
Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

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

Representative Pruett of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 441. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for the expedited payment of sales and use tax refund claims secured by a satisfactory bond; to provide for frivolous or excessive sales and use tax refund claims; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for the expedited payment of sales and use tax refund claims secured by a satisfactory bond; to provide for civil and criminal penalties regarding certain sales and use tax refund claims; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, is amended by revising Code Section 48-235.1, relating to sales and use tax refunds, to read as follows:
"48-2-35.1. (a) If a certificate or exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase tangible personal property or taxable services without the payment of sales and use tax has not been obtained and used prior to purchasing such tangible personal property or taxable services, a refund of sales and use taxes shall be made without interest. (b) Any taxpayer who wishes to expedite the payment of a sales and use tax claim for refund may apply to the commissioner for such expedited refund; and as part of such application the taxpayer shall file a bond that is satisfactory to the commissioner as security for the repayment of such refund and any applicable tax, interest, penalties, fees, or costs in the event that the commissioner determines within the applicable statute of limitations that all or a portion of such refund was paid in error. The commissioner shall issue the refund within 30 days of the date of the posting of the approved bond. Any assessment of tax, interest, penalties, fees, or costs related to the payment of such refund claim shall be made within three years after the date that such refund was paid by the commissioner.
(c)(1) As used in this subsection, the term: (A) 'Disregard' means any careless, reckless, or intentional disregard. (B) 'Excessive amount' means that portion of the claim for refund that exceeds the amount that is eligible for refund and for which there is no reasonable basis. (C) 'Frivolously filed' means a sales and use tax claim for refund in which the amount claimed exceeds the amount eligible for refund by at least 50 percent. (D) 'Negligence' includes any failure to make a reasonable attempt to comply with the provisions of this title. (E) 'Reasonable basis' means a position that is reasonably based on one or more of the following authorities: applicable provisions of this title and other statutory provisions; proposed and adopted regulations construing such statutes; court cases; official opinions of the Attorney General; and letter rulings, policy statements, informational bulletins, and other administrative pronouncements published by the commissioner. Notwithstanding the preceding list of authorities, an authority shall not continue to be an authority to the extent it is overruled or modified, implicitly or explicitly, by a body with the power to overrule or modify the earlier authority.
(2) Any taxpayer who frivolously files a sales and use tax claim for refund shall be subject to a penalty of 20 percent of the excessive amount. No penalty shall be assessed pursuant to this subsection against any portion of an excessive amount for which a refund is claimed in good faith and the filing of which was not due to

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1977

negligence or disregard of the law. The determination of whether a taxpayer acted in good faith shall be made on a case-by-case basis, taking into account all pertinent facts and circumstances. Generally, the most important factor in such determination is the extent of the taxpayer's effort to assess the taxpayer's proper tax liability. Circumstances that may indicate good faith shall include an honest misunderstanding of fact or law that is reasonable in light of all the facts and circumstances, including the experience, knowledge, and education of the taxpayer. An isolated computational or transcriptional error generally is not inconsistent with good faith. (3) In addition to the penalty imposed under paragraph (2) of this subsection, when all or part of the excessive amount of the taxpayer's claim for refund is based on a position which is knowingly and willfully advanced in bad faith and is patently improper, such taxpayer shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin
Frazier

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver
O'Neal Y Parham

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton

1978

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, D N Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 Pruett of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Collins of the 95th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 484. By Representative O`Neal of the 146th:

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 dependent children of military personnel stationed in Georgia on active duty shall be deemed to meet the residency requirements for purposes of HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw

TUESDAY, MARCH 10, 2009

1979

Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Dickson Y Dobbs
Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C
Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y McCall Y McKillip
Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 162, nays 0.

Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M
Stephens, R Stephenson Y Talton Y Taylor Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

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

Representatives Epps of the 140th and Pruett of the 144th stated that 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 485. By Representative O`Neal of the 146th:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for alternative tax credits for base year port traffic; 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.

1980

JOURNAL OF THE HOUSE

The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for alternative tax credits for base year port traffic; 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, computation, and exemptions regarding income taxes, is amended by adding a new Code section to read as follows:
"48-7-40.15A. (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 (TEU's) of product actually 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 imported into this state or exported out of this state during such period was not at least 75 net tons, five containers, or ten twentyfoot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (2) 'Business enterprise' means any business located in a tier two or tier three county established pursuant to Code Section 48-7-40 and in a less developed area established pursuant to Code Section 48-7-40.1 and which qualifies and receives the tax credit under Code Section 48-7-40.1 and which:
(A) Consists of a distribution facility of greater than 650,000 square feet in operation in this state prior to December 31, 2008; (B) Distributes product to retail stores owned by the same legal entity or its subsidiaries as such distribution facility; and (C) Has a minimum of 8 retail stores in this state in the first year of operations. (3) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility. (4) '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

TUESDAY, MARCH 10, 2009

1981

material or is a component in the manufacturing and assembly of other finished products. (b)(1) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a job tax credit under Code Section 48-7-40 or 48-7-40.1 for jobs added at any time on or after January 1, 1998, there shall be allowed an additional $1,250.00 job tax credit against the tax imposed under this article. (2) The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 and shall be in addition to the credit allowed under Code Section 48-7-40; provided, however, that such credit shall not be allowed during a year if the port traffic does not remain above the minimum level established in this Code section. (c) No business enterprise shall be authorized to claim the credits provided for in both subsection (b) of this Code section and subsection (b) of Code Section 48-7-40.15 on a tax return for any taxable year unless such business enterprise has increased its port traffic of products during the previous 12 month period by more than 20 percent above its base year port traffic and has increased employment by 400 or more no sooner than January 1, 1998. (d)(1) The credit granted under this Code section shall be subject to the following conditions and limitations: (2) For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's state income tax return which shall set forth the following information, as a minimum, in addition to the information required under Code Sections 48-7-40 and 48-7-40.2 or 48-7-40.7:
(A) A description of how the base year port traffic and the increase in port traffic was determined; (B) The amount of the base year port traffic; (C) The amount of the increase in port traffic for the taxable year, including information which demonstrates an increase in port traffic in excess of the minimum amount required to claim the tax credit under this Code section; (D) Any tax credit utilized by the taxpayer in prior years; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years. (3)(A) Any tax credit claimed under subsection (b) of this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, provided that the increase in port traffic remains above the minimum levels established in Code Section 48-740 and this Code section, respectively. (B) The tax credit established by this Code section in lieu of Code Section 48-740.2, 48-7-40.3, or 48-7-40.4 and taken in any one taxable year shall be limited to

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an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (C) The tax credit established by this Code section in addition to that pursuant to Code Section 48-7-40 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (D) The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer. (e) No credit may be claimed and allowed pursuant to this Code section for any jobs created on or after January 1, 2015."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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 Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant E Buckner Y Burkhalter Y Burns Y Butler

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C N Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor

TUESDAY, MARCH 10, 2009

1983

Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey
Randall Reece Y Reese Rice Y Roberts Y Rogers

Y Teilhet Y Thomas Y Thompson Y Walker
Weldon 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 9.

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

Representatives Pruett of the 144th and Weldon of the 3rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Lunsford of the 110th 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 523.

The Speaker announced the House in recess until 1:30 o'clock, this afternoon.

1984

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 608. By Representatives Gardner of the 57th, Cheokas of the 134th, Fullerton of the 151st, Baker of the 78th, Kaiser of the 59th and others:
A RESOLUTION commending the American Red Cross and recognizing March, 2009, as American Red Cross Month at the state capitol and inviting representatives of the American Red Cross to appear before the House of Representatives; and for other purposes.
HR 609. By Representatives Smyre of the 132nd, Epps of the 128th, Heckstall of the 62nd, Dukes of the 150th and Murphy of the 120th:
A RESOLUTION commending Omega Psi Phi Fraternity, Inc., and inviting them to appear before the House of Representatives; and for other purposes.
HR 610. By Representatives Smyre of the 132nd, Epps of the 128th, Heckstall of the 62nd, Dukes of the 150th and Murphy of the 120th:
A RESOLUTION recognizing March 25, 2009, as Omega Psi Phi Fraternity, Inc., Day at the state capitol 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 605. By Representative Smith of the 113th:
A RESOLUTION recognizing and commending Mrs. Sarah Robertson Carnes; and for other purposes.
HR 611. By Representatives Day of the 163rd, Burkhalter of the 50th, Keen of the 179th, Jones of the 46th, Ehrhart of the 36th and others:
A RESOLUTION recognizing and honoring Colonel James P. Locklear, a true American patriot and outstanding citizen; and for other purposes.
HR 612. By Representative Battles of the 15th:
A RESOLUTION honoring the life and memory of Mr. Eli Robert "E.R." Bates, Jr.; and for other purposes.

TUESDAY, MARCH 10, 2009

1985

HR 613. By Representative Battles of the 15th:
A RESOLUTION honoring the life and memory of Bishop Robert Lee Beavers; and for other purposes.
HR 614. By Representatives Loudermilk of the 14th, Reece of the 11th, Dempsey of the 13th and Crawford of the 16th:
A RESOLUTION recognizing Mr. Alex H. Mills for his lifelong service to his community, state, and nation; and for other purposes.
HR 615. By Representatives Burkhalter of the 50th, Harbin of the 118th, Parsons of the 42nd, Richardson of the 19th, Greene of the 149th and others:
A RESOLUTION commending Mr. Christopher Charles Davis; and for other purposes.
HR 616. By Representatives Beasley-Teague of the 65th, Taylor of the 55th, Abrams of the 84th, Brooks of the 63rd and Greene of the 149th:
A RESOLUTION honoring the life and memory of Mr. Lester O. Lewis; and for other purposes.
HR 617. By Representatives Mangham of the 94th, Collins of the 95th, Brooks of the 63rd, Taylor of the 55th, Johnson of the 75th and others:
A RESOLUTION recognizing and commending Dr. Benson M. Karanja; 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 168. By Representatives Cox of the 102nd, Martin of the 47th, Reese of the 98th, Parsons of the 42nd and May of the 111th:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to modernize telecommunications competition by eliminating artificial and outdated subsidy mechanisms in the form of contributions to the Universal Access Fund; 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:

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A BILL
To amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to modernize telecommunications competition by eliminating artificial and outdated subsidy mechanisms in the form of contributions to the Universal Access Fund; 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 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, is amended by revising Code Section 46-5-162, relating to definitions relative to "The Telecommunications and Competition Development Act of 1995," as follows:
"46-5-162. As used in this article, the term:
(1) 'Alternative regulation' means a form of regulation pursuant to which the rates, terms, and conditions for telecommunications services provided by a local exchange company are set pursuant to the rules specified in this article. (2) 'Basic local exchange services service' or 'universal access local exchange services service' mean means the provision to residential and single line business customers in Georgia of services composed of a touch tone switched access line and dial tone, of a quality sufficient for two way two-way voice and 9600 baud data/fax communications. This service shall include 1+ dialing for access to competitive providers of telecommunications services by January 1, 1997. The elements of universal access local exchange services are subject to subsequent review and modification by the commission. (3) 'Caller identification service' means a type of telephone service which permits telephone customers to see the telephone number of incoming telephone calls. (4) 'Commission' means the Georgia Public Service Commission. (5) 'Electing company' means a local exchange company subject to the alternative regulation described in this article. (6) 'Fund' means the Universal Access Fund created in Code Section 46-5-167. (7) 'Gross domestic product-price index' or 'GDP-PI' means the gross domestic product fixed weight price index calculated by the United States Department of Commerce. (8)(7) 'Interconnection service' means the service of providing access to a local exchange company's facilities for the purpose of enabling another telecommunications company to originate or terminate telecommunications service.

TUESDAY, MARCH 10, 2009

1987

(9)(8) 'Local calling area' means the geographic area encompassing one or more local exchanges exchange services as described in commission orders or in maps, tariffs, and rate schedules reviewed and approved by the commission. (10)(9) 'Local exchange company' means a telecommunications company authorized to provide local exchange service as described in this article. For purposes of this article, there shall be two categories of local exchange companies:
(A) Tier 1 companies are those companies with 2 million or more access lines within Georgia holding a certificate of public convenience and necessity issued by the commission; and (B) Tier 2 companies are those companies with less than 2 million access lines within Georgia holding a certificate of public convenience and necessity issued by the commission. (11)(10) 'Local exchange services service' means services service offered for the transmission and utilization of two-way interactive communications and associated usage with the local calling area. (12)(11) 'Local interconnection services service' means that part of switched interconnection service provided for the purpose of originating or terminating a call which originates and terminates within the local calling area. (13)(12) 'Portability' means the technical capability that permits a customer to retain the same local number at the same customer location regardless of the provider of the local exchange service. (14)(13) 'Switched access' means that part of switched interconnection service provided for the purpose of originating or terminating a toll service. (15)(14) 'Switched interconnection service' means that part of interconnection service which utilizes the local exchange company's switching facilities to provide line or trunkside access or both to the local exchange company's end office or tandem switches for the purpose of originating and terminating the telecommunications services of other telecommunications companies. (16)(15) 'Tariff' means the schedule or other writing filed with the commission that describes the rates, terms, and conditions of certain telecommunications services provided by the telecommunications company. (17)(16) 'Telecommunications company' means any person, firm, partnership, corporation, association, or municipal, county, or local governmental entity offering telecommunications services to the public for hire. (18)(17) 'Telecommunications services service' means the services service for the transmission of two-way interactive communications to the public for hire. For purposes of illustration, the term 'telecommunications services service' includes without limitation local exchange services and interconnection services. (19)(18) 'Toll service' means the transmission of two-way interactive switched communications between local calling areas. (20)(19) 'Universal access provider' means a local exchange company that is obligated to provide basic local exchange service in all of its local calling areas in response to reasonable requests for such service and which, in consideration of such

1988

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obligation, may have its rates for local switched interconnection service established as provided in this article."
SECTION 2. Said article is further amended by revising subsection (e) of Code Section 46-5-164, relating to interconnection among certificated local exchange companies, as follows:
"(e) The commission is authorized to allow local exchange companies to resell the services purchased from other local exchange companies pursuant to rules determining when and under what circumstances such resale shall be allowed; provided, however, that the resale of basic local exchange services supported by the Universal Access Fund shall be limited to users and uses conforming to the definition of basic local exchange services set forth in paragraph (2) of Code Section 46-5-162. Any local exchange company or telecommunications company desiring to purchase or to resell services purchased from another local exchange company may petition the commission for the authorization to purchase or to resell such services. In cases where the purchase or resale of services purchased is authorized by the commission, the commission shall determine the reasonable rates, terms, or conditions for the purchase or resale of such local exchange services such that no local exchange company or telecommunications company gains an unfair market position. The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this subsection no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event, the commission shall render a decision at the earliest date practicable. In no event shall the commission delay the rendering of a final decision in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of petition under this subsection. The commission, at its discretion or upon a petition filed by either party, may modify a ruling rendered under this subsection, provided that a petition for modification may shall not be filed more than once in any 18 month period."
SECTION 3. Said article is further amended by revising Code Section 46-5-167, relating to the Universal Access Fund, as follows:
"46-5-167. (a) The commission shall create a Universal Access Fund to assure the provision of reasonably priced access to basic local exchange services throughout Georgia. The fund shall be administered by the commission under rules to be promulgated by the commission as needed to assure that the fund operates in a competitively neutral manner between competing telecommunications providers. (b) The commission shall require all telecommunications companies providing telecommunications services within Georgia to contribute quarterly to the fund in a proportionate amount to their gross revenues from sale to end users of such

TUESDAY, MARCH 10, 2009

1989

telecommunications services as determined by rules to be promulgated by the commission. (c) The commission may also require any telecommunications company to contribute to the fund if, after notice and opportunity for hearing, the commission determines that the company is providing private local exchange services or radio based local exchange services in this state that compete with a telecommunications service provided in this state for which a contribution to the fund is required under this Code section. (d) Contributions to the fund shall be determined by the commission based upon estimates as to the difference in the reasonable actual costs of basic local exchange services throughout Georgia and the amounts established by law or regulations of the commission as to the maximum amounts that may be charged for such services. (e) Moneys in the fund shall be distributed quarterly to all providers of basic local exchange services upon application and demonstration that the reasonable costs as determined by the commission to provide basic local exchange services exceed the maximum fixed price permitted for such basic local exchange services. The commission may take into account the possibility that a competing local exchange company is providing or could provide lower cost basic local exchange services. Competitive providers shall be entitled to obtain a similar subsidy from the fund to the extent that they provide basic local exchange services; provided, however, that such subsidy shall not exceed 90 percent of the per line amount provided the incumbent local exchange company for existing basic local exchange service or 100 percent of new basic local exchange service. (f) The commission shall require any local exchange company seeking reimbursement from the fund to file the information reasonably necessary to determine the actual and reasonable costs of providing basic local exchange services. (g) The commission shall have the authority to make adjustments to the contribution or distribution levels based on yearly reconciliations and to order further contributions or distributions as needed between companies to equalize reasonably the burdens of providing basic local exchange service throughout Georgia. (h) A local exchange company or other company shall not establish a surcharge on customers' bills to collect from customers' contributions required under this Code section. Reserved."
SECTION 4. Said article is further amended by revising Code Section 46-5-168, relating to jurisdiction and authority of commission, as follows:
"46-5-168. (a) The jurisdiction of the commission under this article shall be construed to include the authority necessary to implement and administer the express provisions of this article through rule-making proceedings and orders in specific cases. (b) The commission's jurisdiction shall include the authority to:
(1) Adopt reasonable rules governing certification of local exchange companies;

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(2) Grant, modify, impose conditions upon, or revoke a certificate; (3) Establish and administer the Universal Access Fund including modifications to the maximum allowable charge for basic local exchange service; (4) Adopt reasonable rules governing service quality; (5)(4) Resolve complaints against a local exchange company regarding that company's service; (6)(5) Require a telecommunications company electing alternative regulation under this article to comply with the rate adjustment provisions of this article; (7)(6) Approve and if necessary revise, suspend, or deny tariffs in accordance with the provisions of this article; (8)(7) If necessary, elect another comparable measurement of inflation calculated by the United States Department of Commerce; (9)(8) Establish reasonable rules and methodologies for performing cost allocations among the services provided by a telecommunications company; and (10)(9) Direct telecommunications companies to make investments and modifications necessary to enable portability. (c) The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this article no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the commission shall render a decision at the earliest date practicable. In no event shall the commission delay the rendering of a final decision in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of rulemaking, petition, or complaint that initiated the proceeding. (d) In conducting any rule-making proceeding under this article, the commission shall consider the following factors: (1) The extent to which cost-effective competitive alternatives are available to existing telecommunications networks and services; and (2) Requirements necessary to prevent any disadvantage or economic harm to consumers, protect universal affordable service, establish and maintain an affordable Universal Access Fund, protect the quality of telecommunications services, prevent anticompetitive practices, and prevent abandonment of service to areas where there is no competing provider of telecommunications service. (e) Subject to any other provision of law protecting the confidentiality of trade secrets, the commission shall have access to the books and records of telecommunications companies as may be necessary to ensure compliance with the provisions of this article and with the commission's rules and regulations and to carry out its responsibilities under this article. (f) In order to promote economic development and competitive advantage for the State of Georgia, the commission shall have the authority to petition, intervene, or otherwise commence proceedings before the appropriate federal agencies and courts having

TUESDAY, MARCH 10, 2009

1991

specific jurisdiction over the regulation of telecommunications seeking to enhance the competitive market for telecommunications services within the this state."

SECTION 5. This Act shall become effective on July 1, 2010.

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, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker N Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black N Brooks Y Bruce
Bryant E Buckner Y Burkhalter N Burns Y Butler Y Byrd Y Carter, A N Carter, B Y Casas Y Chambers Y Channell Y Cheokas E Coan N Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler N Day Y Dempsey N Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin N Harden, B Y Harden, M N Hatfield Y Heard

N Heckstall Y Hembree Y Henson Y Hill, C N Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs N James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox N Lane, B N Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas N Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy N Neal Y Nix Y Oliver N O'Neal N Parham N Parrish Y Parsons
Peake N Porter N Powell, A Y Powell, J N Pruett N Ralston Y Ramsey Y Randall Y Reece E Reese
Rice N Roberts Y Rogers

N Rynders N Scott, A N Scott, M N Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L E Smith, R N Smith, T Y Smith, V Y Smyre Y Stephens, M N Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet N Thomas Y Thompson E Walker N Weldon N Wilkinson Y Willard N Williams, A Y Williams, E N Williams, M N Williams, R Y Wix Y Yates
Richardson, Speaker

1992

JOURNAL OF THE HOUSE

On the passage of the Bill, by substitute, the ayes were 123, nays 42.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; 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 various titles of the Official Code of Georgia Annotated so as to establish the Department of Public and Behavioral Health; to reassign various functions of the Department of Human Resources to the Department of Public and Behavioral Health; to provide for transition to the new agency; to create a new board for the Department of Public and Behavioral Health; to establish the position of State Health Officer; to establish the Health Coordinating Council; to amend various titles for purposes of conformity; 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 Department of Public and Behavioral Health.
SECTION 1-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Chapter 2, relating to the Department of Human Resources, as follows:

TUESDAY, MARCH 10, 2009

1993

"CHAPTER 2
31-2-1. The General Assembly finds that the multiple health service issues confronting Georgia citizens and delivered by the state beg for improved coordination and integrated delivery systems. Scientific and service delivery research increasingly identify the relationship of physical, mental, and developmental conditions with and to each other and accent that good mental and physical health and well-being can best be achieved with an awareness of how the mind and body interact. The General Assembly further finds that Georgia citizens suffering from one physical ailment may also suffer from disabling mental or developmental conditions and that many such health issues frequently co-occur with addictive disease or substance abuse. Georgia has multiple delivery systems for the detection, prevention, and treatment of mental, physical, developmental, and substance abuse conditions which too often exist in separate programs, divisions, or departments without sufficient coordinated planning and funding. Greater efficiencies and more effective outcomes can be achieved by organizing and delivering services with awareness of a citizen's whole condition. The General Assembly, therefore, desires to create a Department of Public and Behavioral Health as specified in this chapter combining the mental health, addictive disease, public health, and developmental disability services provided by the State of Georgia.
31-2-2. (a) There is created the Board of Public and Behavioral Health which shall establish the general policy to be followed by the Department of Public and Behavioral Health. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, with regard to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases and with regard to the Division of Public Health, unless otherwise provided in this Act, are transferred to the Board of Public and Behavioral Health effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17.

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(e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards.
31-2-3. (a) There is created a Department of Public and Behavioral Health. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases and the Division of Public Health, unless otherwise provided in this Act, are transferred to the Department of Public and Behavioral Health effective July 1, 2009. (b) There is created the position of commissioner of public and behavioral health. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department.
31-2-4. (a) The Department of Public and Behavioral 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 Public and Behavioral Health pursuant to Code Section 31-2-3 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 Public and Behavioral Health pursuant to Code Section 31-2-3. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Public and Behavioral Health by proper authority or as otherwise provided by law. (b) 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 Public and Behavioral Health pursuant to Code Section 31-2-3 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 Public and Behavioral Health. In all such instances, the Department of Public and Behavioral Health shall be substituted for the Department of Human Resources, and the Department of Public and Behavioral Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.

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(c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Public and Behavioral Health pursuant to Code Section 31-2-3 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Public and Behavioral Health in similar capacities, as determined by the commissioner of public and behavioral health. Such employees shall be subject to the employment practices and policies of the Department of Public and Behavioral 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 Public and Behavioral Health.
31-2-1.31-2-5. The Department of Human Resources Public and Behavioral Health is created and established to provide a mental health, developmental disability, and addictive disease system in this state pursuant to Title 37 and to safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to:
(1) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (2) Forestall and correct physical, chemical, and biological, and psychological conditions that, if left to run their course, could be injurious to health; (3) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (4) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (5) Manufacture drugs and biologicals which are not readily available on the market and not manufactured for commercial purposes, when expressly authorized and shown on the minutes of the department; to procure and distribute drugs and

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biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (6) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense, emergency preparedness, and emergency response; (7) Detect Prevent, detect, and relieve physical defects and deformities and provide treatment for mental and emotional disorders and infirmities; (8) Promote the prevention, early detection, and control of problems affecting the dental health of the citizens of Georgia; (9) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (10) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (11) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder; (12) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy; and (13) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests services authorized in this Code section shall pay the fee. As used in this Code section, the term 'individual' means a natural person.
31-2-2. 31-2-6. The department is designated and empowered as the agency of this state to apply for, receive, and administer grants and donations for health purposes from the federal government and from any of its departments, agencies, and instrumentalities; from appropriations of the state; and from any other sources in conformity with law. The department shall have the authority to prescribe the purposes for which such funds may be used in order to:
(1) Provide, extend, and improve maternal and child health services;

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1997

(2) Locate children already crippled disabled or suffering from conditions leading to crippling a disability and provide for such children medical, surgical, corrective, and other services and to provide for facilities for diagnosis, hospitalization, and aftercare; (3) Advance the prevention and control of cancer and of venereal, tubercular, and other diseases; (4) Forestall and correct conditions that, if left to run their course, could be injurious to health; (5) Conduct programs which lie within the scope and the power of the department relating to industrial hygiene, control of ionizing radiation, occupational health, water quality, water pollution control, and planning and development of water resources; (6) Administer grants-in-aid to assist in the construction of publicly owned and operated general and special medical facilities; (7) Conduct programs:
(A) Relating to chronic illness; (B) Relating to the dental and oral health of the people of this state which are appropriate to the purpose of the department; and (C) Relating to the mental and physical health of the people of this state which are appropriate to the purpose of the department; and (8) Develop the health aspects of civil defense emergency preparedness and emergency response. When a plan is required to be approved by any department, agency, or instrumentality of the federal government as condition precedent to the making of grants for health purposes, the department, as agent of this state, is directed to formulate, submit, and secure approval of that plan and thereafter, upon its approval and the receipt of funds payable thereunder, to carry the plan into effect in accordance with its terms, applying thereto the funds so received as well as other applicable amounts from whatever source.
31-2-3. 31-2-7. The department, from time to time, shall make or cause to be made studies and surveys to determine the quality, scope, and reach of its programs.
31-2-4. 31-2-8. (a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations shall be adapted to the purposes intended, within the purview of the powers and duties imposed upon the department by this chapter, and supersede conflicting rules, regulations, and orders adopted pursuant to the authority of Chapter 3 of this title. (b) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for facilities or entities regulated by the department as follows:

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(1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of facilities may only be approved by the Board of Human Resources Public and Behavioral Health and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of facilities shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or (5) Variances or waivers which affect only one facility in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. (c) The department may exempt classes of facilities from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board.
31-2-5. 31-2-9. Actions at law and in equity against the department, the board, or any of its members predicated upon omissions or acts done in their official capacity or under color thereof shall be brought in the appropriate county; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent.
31-2-6. 31-2-10. (a) This Code section shall be applicable to any agency, center, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 Chapter 13 of this title; Chapter 5 of Title 26; paragraph (16) of subsection (b) and subsection

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1999

(c) of Code Section 37-1-20; and Chapter 5 and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has:
(1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provisions provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provisions provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license, permit, registration, or commission for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity, except that no fine may be imposed against any nursing facility, nursing home, or intermediate care facility which is subject to intermediate sanctions under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, whether or not those sanctions are actually imposed; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain.

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In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public.
(d)(1) With respect to any facility classified as a nursing facility, nursing home, or intermediate care home, the department may not take an action to fine or restrict the license of any such facility based on the same act, occurrence, or omission for which:
(A) The facility has received an intermediate sanction under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, or 42 U.S.C. Section 1395i-3(h)(2)(B); or (B) Such facility has been served formal notice of intent to take such a sanction which the Department of Community Health based on administrative review or any other appropriate body based on administrative or judicial review determines not to impose; provided, however, that nothing in this subsection shall prohibit the department from utilizing the provisions authorized under subsection (f) of this Code section. (2) When any civil monetary penalty is recommended and imposed against such facility, and the department does not resurvey the facility within 48 hours after the date by which all items on a plan of correction submitted by the facility are to be completed, the accrual of any resulting civil monetary penalties shall be suspended until the facility is resurveyed by the department. (3) If the department resurveys such facility beyond 48 hours after the final date for completion of all items on the plan of correction submitted by the facility, and the facility is not in substantial compliance with the applicable standards, any civil monetary penalties imposed shall relate back to the date on which such penalties were suspended. (4) Notwithstanding the provisions of paragraphs (2) and (3) of this subsection, nothing contained in said paragraphs (2) and (3) of this subsection shall be construed as requiring the state survey agency to act in violation of applicable federal law, regulations, and guidelines. (e) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (f) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein, and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section.

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2001

(g) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity 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 (c) of this Code section. (h) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (i) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (j) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (k) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (l) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (m) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (n) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section.
31-2-7. 31-2-11. (a) As used in this Code section, the term:
(1) 'Chamber system' means a system of chambers with each chamber being a molded polyolefin plastic, arch shaped, hollow structure with an exposed bottom area

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and solid top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall soil areas. Chambers may be of different sizes and configurations to obtain desired surface areas. (2) 'Conventional system' means a system traditionally used composed of perforated pipe surrounded by gravel or stone masking for the infiltration of effluent into adjoining bottom and side soil areas. (3) 'On-site sewage management system' means a sewage management system other than a public or community sewage treatment system serving one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for human occupancy or congregation. Such term shall include, without limitation, conventional and chamber septic tank systems, privies, and experimental and alternative on-site sewage management systems which are designed to be physically incapable of a surface discharge of effluent that may be approved by the department. (4) 'Prior approved system' means only a chamber system or conventional system or component of such system which is designed to be physically incapable of a surface discharge of effluent and which was properly approved pursuant to subparagraph (a)(2)(B) of this Code section, as such Code section became law on April 19, 1994, for use according to manufacturers' recommendations, prior to April 14, 1997. (5) 'Unsatisfactory service' means documented substandard performance as compared to other approved systems or components. (b) The Department of Human Resources department shall have the authority as it deems necessary and proper to adopt state-wide regulations for on-site, sewage management systems, including but not limited to experimental and alternative systems. The department is authorized to require that any such on-site sewage management system be examined and approved prior to allowing the use of such system in the state; provided, however, that any prior approved system shall continue to be approved for installation in every county of the state pursuant to the manufacturer's recommendations, including sizing of no less than 50 percent of trench length of a conventional system designed for equal flows in similar soil conditions. Upon written request of one-half or more of the health districts in the state, the department is authorized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination. (c)(1) This subsection shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county, municipality, or state agency may require any certified septic tank installer or certified septic tank pumper who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in

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2003

compliance with the county or municipal ordinances or building and construction codes. (2) In order to protect the public from damages arising from any work by a certified septic tank installer or certified septic tank pumper, which work fails to comply with any state construction codes or with the ordinances or building and construction codes adopted by any county or municipal corporation, any such certified septic tank installer or certified septic tank pumper may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the local county or municipal health department. Such bond shall be conditioned upon all work done or supervised by such certificate holder complying with the provisions of any state construction codes or any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said certificate holder's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond. (3) In any case where a bond is required under this subsection, the certified septic tank installer or certified septic tank pumper shall file a copy of the bond with the county or municipal health department in the political subdivision wherein the work is being performed. (4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13. (d) This Code section does not restrict the work of a plumber licensed by the State Construction Industry Licensing Board to access any on-site sewage management system for the purpose of servicing or repairing any plumbing system or connection to the on-site sewage management system.
31-2-8. 31-2-12. Until July 1, 2012, the department shall provide by rule or regulation for the regulation of any land disposal site that receives septic tank waste from only one septic tank pumping and hauling business and which as of June 30, 2007, operated under a valid permit for such activity as issued by the department (previously conducted by the Department of Human Resources) under this Code section. No new permit shall be issued by the department under this Code section for such type of site on or after July 1, 2007, but instead any new permit issued for such type of site on or after such date shall be issued by the Department of Natural Resources under Code Section 12-8-41. This Code section shall stand repealed on July 1, 2012.

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31-2-9. 31-2-13. (a) The General Assembly makes the following findings:
(1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the injury prevention section of the Division of Public Health of the Department of Human Resources department. (c) The injury prevention section, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the department's Division of Aging Services, and Division of Family and Children Services of the Department of Human Services, and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the department, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the Department of Human Resources department in reviewing suicide death scene investigations; (7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external cause of injuries causes of injury; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and

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2005

(11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall be provided staff to consist of a full-time coordinator, half-time data analyst/epidemiologist, and administrative support, all subject to available funding.
31-2-14. (a) The position of State Health Officer is created. The commissioner of public and behavioral health or the director of the Division of Public Health of the Department of Public and Behavioral Health shall be the State Health Officer, as designated by the Governor. (b) The State Health Officer shall perform such health emergency preparedness duties as assigned by the Governor.
31-2-15. (a) There is created the Health Coordinating Council. The council shall consist of the commissioner of public and behavioral health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; an adult consumer of public or behavioral health services, appointed by the Governor; a family member of a consumer of public or behavioral health services, appointed by the Governor; a parent of a child receiving public or behavioral health services, appointed by the Governor; a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a member of the Senate, appointed by the Lieutenant Governor. (b) The commissioner of public and behavioral health shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the council's bylaws. (c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days' public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent. (d) Except as otherwise provided in this Code section, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the

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council unless the vote of a greater number is required by law or by the bylaws of the council. (e) The council shall inform the Governor, the board, and the department of the efficacy of the state public health programs and services and state mental health, developmental disabilities, and addictive diseases programs and services and the need for specific changes to such services and programs. The council shall also provide guidance and assistance to the regional planning boards, hospitals, community service boards, county boards of health, and other private or public providers in the performance of their duties. In addition, with respect to mental health, developmental disabilities, and addictive diseases programs and services, the council shall:
(1) Develop solutions to the systemic barriers or problems to the delivery of behavioral health services by making recommendations that implement funding, policy changes, practice changes, and evaluation of specific goals designed to improve services delivery and outcome for individuals served by the various departments; (2) Focus on specific goals designed to resolve issues for provision of behavioral health services that negatively impact individuals serviced by various divisions and departments, including but not limited to the interactions and effects on physical disease conditions of mental illnesses, addictive diseases, and developmental disabilities, and vice versa, so that service planning, delivery, and reimbursement may be coordinated and integrated among relevant divisions and departments to encourage effective treatment of the whole person and improve morbidity and mortality outcomes for citizens suffering from multiple conditions; (3) Monitor and evaluate the implementation of established goals; and (4) Establish common inspections, surveys, monitoring, and outcome measures among the relevant programs. (f)(1) The council may consult with various entities, including state agencies, councils, and advisory committees and other advisory groups, as deemed appropriate by the council. (2) All state departments, agencies, boards, bureaus, commissions, and authorities shall make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council. (g) The council shall be attached to the Department of Public and Behavioral Health for administrative purposes only as provided by Code Section 50-4-3. (h)(1) The council shall submit annual reports of its recommendations and evaluation of their implementation to the Governor and the General Assembly. (2) The recommendations developed by the council shall be presented to the board of each member department for approval or review at least annually. (i) For purposes of this Code section, the term 'behavioral health services' has the same meaning as 'disability services' as defined in Code Section 37-2-2."

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2007

SECTION 1-2. Said title is further amended by revising Code Section 31-1-1, relating to definitions relative to health generally, as follows:
"31-1-1. Except as specifically provided otherwise, as used in this title, the term:
(1) 'Board' means the Board of Human Resources Public and Behavioral Health. (2) 'Commissioner' means the commissioner of human resources public and behavioral health. (3) 'Department' means the Department of Human Resources Public and Behavioral Health."
SECTION 1-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Public and Behavioral Health":
(1) Code Section 4-4-69, relating to regulation of manufacture and use of disease vectors in livestock; (2) Code Section 4-10-10, relating to the joint regulation of the sale or transportation of exotic or pet birds; (3) Code Section 12-2-8, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of the state; (4) Code Section 12-3-9, relating to adoption and promulgation by the Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas; (5) Code Section 12-5-175, relating to fluoridation of public water systems; (6) Code Section 12-8-1, relating to notice of denial of individual sewage disposal permits; (7) Code Section 15-11-66.1, relating to disposition of a child committing delinquent act constituting AIDS transmitting crime; (8) Code Section 15-11-73, relating to juvenile traffic offenses; (9) Code Section 15-11-152, relating to ordering an evaluation of a child's mental condition; (10) Code Section 15-21-143, relating to appointment of members and personnel of the Brain and Spinal Injury Trust Fund Commission; (11) Code Section 16-6-13.1, relating to testing for sexually transmitted diseases; (12) Code Section 16-7-83, relating to persons convicted or under indictment for certain offenses; (13) Code Section 16-11-129, relating to license to carry pistol or revolver; (14) Code Section 16-12-141, relating to when abortion is legal; (15) Code Section 16-12-141.1, relating to disposal of aborted fetuses; (16) Code Section 17-7-130, relating to proceedings upon plea of mental incompetency to stand trial;

2008

JOURNAL OF THE HOUSE

(17) Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency at time of crime; (18) Code Section 17-10-15, relating to AIDS transmitting crimes; (19) Code Section 19-3-41, relating to preparation by the Department of Human Resources of a marriage manual on family planning and other material; (20) Code Section 20-2-142, relating to prescribed courses in elementary and secondary schools on alcohol, tobacco, and drug use; (21) Code Section 20-2-143, relating to sex education and AIDS prevention instruction in elementary and secondary schools; (22) Code Section 20-2-144, relating to mandatory instruction in elementary and secondary schools concerning alcohol and drug use; (23) Code Section 20-2-260, relating to capital outlay funds generally; (24) Code Section 20-2-770, relating to rules and regulations for nutritional screening and eye, ear, and dental examinations of students; (25) Code Section 20-2-771, relating to immunization of students in elementary and secondary education; (26) Code Section 20-2-772, relating to rules and regulations for screening of students for scoliosis; (27) Code Section 24-9-40, relating to when medical information may be released by a physician, hospital, health care facility, or pharmacist; (28) Code Section 24-9-47, relating to disclosure of AIDS confidential information; (29) Code Section 25-3-6, relating to the effect of certain laws relating to local fire departments on the powers and duties of other officials and departments; (30) Code Section 26-2-371, relating to permits required for food service establishments; (31) Code Section 26-2-372, relating to the issuance of permits for food service establishments; (32) Code Section 26-2-373, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health for food service establishments; (33) Code Section 26-2-374, relating to contents and posting of notices relating to assistance to persons choking; (34) Code Section 26-2-375, relating to enforcement of laws regarding the regulation of food service establishments; (35) Code Section 26-2-376, relating to review of final order or determination by Department of Human Resources regarding regulation of a food service establishment; (36) Code Section 26-2-377, relating to penalties for violation of laws regarding the regulation of food service establishments; (37) Code Section 26-3-18, relating to assistance in enforcement from Department of Agriculture or Department of Human Resources with respect to standards, labeling, and adulteration of drugs and cosmetics;

TUESDAY, MARCH 10, 2009

2009

(38) Code Section 26-4-5, relating to definitions relative to the "Georgia Pharmacy Practice Act"; (39) Code Section 26-4-85, relating to patient counseling by a pharmacist; (40) Code Section 26-4-116, relating to emergency service providers with respect to dangerous drugs and controlled substances; (41) Code Section 26-4-192, relating to the state-wide program for distribution of unused prescription drugs for the benefit of medically indigent persons; (42) Code Section 31-1-3.2, relating to hearing screenings for newborns; (43) Code Section 31-3-4, relating to powers of county boards of health; (44) Code Section 31-3-11, relating to appointments of director and staff of county board of health; (45) Code Section 31-5-1, relating to adoption of rules and regulations by the Department of Human Resources and county boards of health; (46) Code Section 31-5-9, relating to injunctions for enjoining violations of the provisions of Title 31; (47) Code Section 31-5-20, relating to the definition of the term "inspection warrant" with respect to enforcement of certain public health laws; (48) Code Section 31-5-21, relating to persons who may obtain inspection warrants; (49) Code Section 31-8-193, relating to the establishment of a program to provide health care services to low-income recipients; (50) Code Section 31-9A-4, relating to information to be made available by the Department of Human Resources under the "Woman's Right to Know Act"; (51) Code Section 31-9A- 6, relating to reporting requirements under the "Woman's Right to Know Act"; (52) Code Section 31-10-1, relating to definitions relative to vital records; (53) Code Section 31-11-1, relating to findings of the General Assembly and declaration of policy with respect to emergency medical services; (54) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (55) Code Section 31-11-81, relating to definitions relative to emergency services; (56) Code Section 31-11-100, relating to definitions relative to the Georgia Trauma Care Network Commission; (57) Code Section 31-11-101, relating to the creation of the Georgia Trauma Care Network Commission; (58) Code Section 31-11-102, relating to the duties and responsibilities of the Georgia Trauma Care Network Commission; (59) Code Section 31-11-110, relating to legislative findings relative to a system of certified stroke centers; (60) Code Section 31-12-1, relating to the power to conduct research and studies relative to the control of hazardous conditions, preventable diseases, and metabolic diseases; (61) Code Section 31-12A-9, relating to a continuing education program relative to the "Georgia Smokefree Air Act of 2005";

2010

JOURNAL OF THE HOUSE

(62) Code Section 31-12A-10, relating to enforcement by the Department of Human Resources and county boards of health of the "Georgia Smokefree Air Act of 2005"; (63) Code Section 31-13-3, relating to definitions relative to the "Georgia Radiation Control Act"; (64) Code Section 31-13-4, relating to administration of state-wide radiation control program for radiation generating equipment; (65) Code Section 31-13-5, relating to the powers and duties of the Department of Human Resources and the Department of Natural Resources under the "Georgia Radiation Control Act"; (66) Code Section 31-13-8.2, relating to licensing of diagnostic and therapeutic medical uses of radioactive materials; (67) Code Section 31-13-9, relating to records of use of radiation sources and exposure of employees to radiation; (68) Code Section 31-13-10, relating to suspension, revocation, and amendment of license or registration of radiation generating equipment; (69) Code Section 31-13-11, relating to impounding and condemnation of radiation generating equipment and radioactive materials; (70) Code Section 31-13-12, relating to the license requirements under the "Georgia Radiation Control Act"; (71) Code Section 31-13-13, relating to penalties under the "Georgia Radiation Control Act"; (72) Code Section 31-13-23, relating to transfer of powers and duties between the Department of Natural Resources and the Department of Human Resources under the "Georgia Radiation Control Act"; (73) Code Section 31-14-2, relating to petition for commitment of a person who has active tuberculosis; (74) Code Section 31-14-9, relating to procedure for securing discharge of a person committed for active tuberculosis; (75) Code Section 31-15-2, relating to the establishment of a program for the prevention, control, and treatment of cancer; (76) Code Section 31-16-2, relating to the establishment of a program for the prevention, control, and treatment of kidney disease; (77) Code Section 31-17-2, relating to the report of diagnosis or treatment to health authorities of a case of venereal disease; (78) Code Section 31-17-3, relating to examination and treatment by health authorities for venereal disease; (79) Code Section 31-17-4.2, relating to HIV pregnancy screening; (80) Code Section 31-17A-2, relating to examination of persons infected or suspected of being infected with HIV; (81) Code Section 31-17A-3, relating to refusal to consent to an HIV test; (82) Code Section 31-21-25, relating to bonds required prior to receiving unclaimed bodies; (83) Code Section 31-22-9.1, relating to who may perform HIV tests;

TUESDAY, MARCH 10, 2009

2011

(84) Code Section 31-22-9.2, relating to report of positive HIV tests; (85) Code Section 31-26-2, relating to the requirement of a certificate to practice midwifery; (86) Code Section 31-27-2, relating to the requirement of a permit for a mass gathering; (87) Code Section 31-28-2, relating to issuance of permits to operate a tourist court; (88) Code Section 31-28-5, relating to standards for health, sanitation, and safety of tourist courts; (89) Code Section 31-28-6, relating to inspection of premises of tourist courts; (90) Code Section 31-30-9, relating to effectiveness of chapter on reports on veterans exposed to agent orange; (91) Code Section 31-34-5, relating to service cancelable loans under the "Physicians for Rural Areas Assistance Act"; (92) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency providers; (93) Code Section 31-40-2, relating to issuance of permits for tattoo studios; (94) Code Section 31-40-5, relating to rules and regulations relative to tattoo studios; (95) Code Section 31-40-6, relating to enforcement of chapter regulating tattoo studios; (96) Code Section 31-40-8, relating to a public education program relative to tattoo studios; (97) Code Section 31-45-8, relating to inspections by the county board of health of public swimming pools; (98) Code Section 31-45-9, relating to suspension or revocation of permit for a public swimming pool; (99) Code Section 31-45-10, relating to rules and regulations relative to public swimming pools; (100) Code Section 31-45-11, relating to enforcement of rules and regulations relative to public swimming pools; (101) Code Section 31-46-4, relating to the Georgia Commission for Saving the Cure; (102) Code Section 33-24-59.7, relating to insurance coverage for the treatment of morbidly obese patients; (103) Code Section 34-9-1, relating to definitions relative to workers' compensation; (104) Code Section 35-1-8, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (105) Code Section 37-1-90, relating to injections for the purpose of enjoining violations; (106) Code Section 37-2-2, relating to definitions relative to mental health. (107) Code Section 37-2-2.1, relating to the creation of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases;

2012

JOURNAL OF THE HOUSE

(108) Code Section 37-2-6.1, relating to program directors, staff, budget, and facilities of community service boards; (109) Code Section 37-3-146, relating to education of children undergoing treatment in a facility for persons who are mentally ill; (110) Code Section 37-3-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (111) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (112) Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys relating to habilitation of mentally retarded persons; (113) Code Section 37-5-4, relating to applicability of the "Community Services Act for the Mentally Retarded"; (114) Code Section 37-5-7, relating to duty of the Department of Human Resources to provide consulting and financial assistance to county boards of health; (115) Code Section 37-7-3, relating to coordination of state drug and alcohol abuse programs; (116) Code Section 37-7-146, relating to education of children undergoing treatment in a facility for persons who are alcoholics, drug dependent individuals, or drug abusers; (117) Code Section 37-7-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (118) Code Section 37-10-2, relating to the Interstate Compact on Mental Health; (119) Code Section 38-3-22, relating to the Governor's emergency management powers and duties; (120) Code Section 38-3-51, relating to emergency powers of the Governor; (121) Code Section 40-5-82, relating to administration of the Driver Improvement Program; (122) Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood relating to violations of driving under the influence of alcohol, drugs, or other intoxicating substances; (123) Code Section 42-1-7, relating to notification to transporting law enforcement agency of inmate's or patient's infectious or communicable disease; (124) Code Section 42-4-6, relating to confinement and care of tubercular inmates; (125) Code Section 42-4-32, relating to sanitation and health requirements for jails; (126) Code Section 42-5-52, relating to classification and separation of inmates; (127) Code Section 42-8-35.3, relating to conditions of probation for stalking or aggravated stalking; (128) Code Section 42-9-41, relating to duty of the State Board of Pardons and Paroles to obtain and place in records information respecting persons subject to relief or placed on probation; (129) Code Section 43-10-6, relating to rules and regulations as to sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care;

TUESDAY, MARCH 10, 2009

2013

(130) Code Section 43-11-74, relating to direct supervision requirement of dental hygienists by a licensed dentist; (131) Code Section 43-12A-5, relating to provider centers that engage in the practice of providing, installing, or monitoring ignition interlock devices not to operate under any name deceptively similar to another business; (132) Code Section 43-14-2, relating to definitions relative to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; (133) Code Section 43-18-1, relating to definitions relative to the regulation of funeral directors and establishments, embalmers, and crematories; (134) Code Section 43-18-46, relating to grounds for denial or revocation of license or registration to operate a funeral establishment or to practice embalming or funeral directing; (135) Code Section 43-34-26.1, relating to delegation of authority to nurse or physician's assistant; (136) Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse; (137) Code Section 43-34-103, relating to applications for utilization of physician's assistants; (138) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (139) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (140) Code Section 45-18-32, relating to administration of deferred compensation plans for employees of the state; (141) Code Section 46-11-4, relating to regulation of transportation of hazardous materials on public roads of the state generally; (142) Code Section 49-5-221, relating to definitions relative to children and adolescents with severe emotional problems; (143) Code Section 49-5-223, relating to the State Plan for the Coordinated System of Care for children and adolescents with severe emotional problems; (144) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care; (145) Code Section 49-5-227, relating to the Governor's Office for Children and Families to comment on the State Plan for Coordinated System of Care and provide recommendations; (146) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules by a state agency; (147) Code Section 50-18-72, relating to when public disclosure is not required under open records laws; (148) Code Section 50-18-76, relating to written matter exempt from disclosure under vital records laws; and

2014

JOURNAL OF THE HOUSE

(149) Code Section 50-27-24, relating to lottery prize proceeds subject to state income tax.
SECTION 1-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "Board of Public and Behavioral Health":
(1) Code Section 31-1-3.2, relating to hearing screenings for newborns; (2) Code Section 31-11-2, relating to definitions relative to emergency medical services; (3) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (4) Code Section 31-11-31.1, relating to license fees on ambulance services; (5) Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian cancer research program fund; (6) Code Section 37-1-1, relating to definitions relative to mental health generally; (7) Code Section 37-1-40, relating to rules and regulations of the Board of Human Resources; (8) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; and (9) Code Section 43-7-9, relating to general powers and duties of the State Board of Barbers.
SECTION 1-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of public and behavioral health":
(1) Code Section 8-2-24, relating to appointment of advisory committee relating to state building, plumbing, and electrical codes; (2) Code Section 12-5-524, relating to the creation of the Water Council; (3) Code Section 16-12-141, relating to when abortion is legal; (4) Code Section 16-12-141.1, relating to disposal of aborted fetuses; (5) Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to Secretary of State with respect to registration of voters; (6) Code Section 26-2-393, relating to enforcement of article relating to nonprofit food sales and food service; (7) Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act"; (8) Code Section 31-10-1, relating to definitions relative to vital records; (9) Code Section 31-11-2, relating to definitions relative to emergency medical services;

TUESDAY, MARCH 10, 2009

2015

(10) Code Section 31-11-36, relating to suspension or revocation of licenses for ambulance services; (11) Code Section 31-16-3, relating to functions of the Kidney Disease Advisory Committee; (12) Code Section 31-27-7, relating to emergency powers of the Governor regarding mass gatherings; (13) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency responders; (14) Code Section 31-36A-7, relating to petition for health care placement transfer, admission, or discharge order by health care facility; (15) Code Section 37-1-1, relating to definitions relative to mental health generally; (16) Code Section 37-10-2, relating to the Interstate Compact on Mental Health; (17) Code Section 38-2-10, relating to use of National Guard in drug law enforcement, provision of medical care in medically underserved areas, and for youth opportunity training programs; (18) Code Section 42-4-32, relating to sanitation and health requirements in jails generally; (19) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; (20) Code Section 43-1A-4, relating to the Occupational Regulation Review Council; (21) Code Section 43-45-3, relating to creation of the State Structural Pest Control Commission; (22) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care; (23) Code Section 45-9-73, relating to the creation of the Georgia Public School Personnel Indemnification Commission; and (24) Code Section 45-9-83, relating to the creation of the Georgia State Indemnification Commission.
SECTION 1-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mentally retarded" or "Mentally Retarded" wherever it occurs with "developmentally disabled" or "Developmentally Disabled", respectively:
(1) Code Section 31-22-9.1, relating to who may perform HIV tests; (2) Code Section 35-1-8, relating to the acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (3) Code Section 35-3-34.1, relating to circumstances when exonerated first offender's criminal record may be disclosed; (4) Code Section 37-4-1, relating to the declaration of policy relating to the habilitation of mentally retarded persons generally;

2016

JOURNAL OF THE HOUSE

(5) Code Section 37-4-3, relating to the authority of the board of human resources to issue regulations relating to the habilitation of mentally retarded persons generally; (6) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (7) Code Section 37-4-5, relating to validity of hospital orders entered before September 1, 1978; (8) Code Section 37-4-8, relating to approval of private facilities; (9) Code Section 37-4-20, relating to examination of minor children; (10) Code Section 37-4-21, relating to admission of mentally retarded persons to facilities for purposes of temporary supervision and care; (11) Code Section 37-4-22, relating to admission of persons to facilities for dental services; (12) Code Section 37-4-40, relating to filing petition with the court for according of program of services to mentally retarded person; (13) Code Section 37-4-40.1, relating to certification that a person requires temporary care; (14) Code Section 37-4-40.2, relating to admission or discharge of a person in custody of a state facility for temporary care; (15) Code Section 37-4-42, relating to procedure for continuation of court ordered habilitation; (16) Code Section 37-4-62, relating to transfer of clients to custody of federal agencies for services; (17) Code Section 37-4-120, relating to individual dignity of clients to be respected; (18) Code Section 37-4-123, relating to recognition of clients' physical integrity; (19) Code Section 37-5-1, relating to the short title; (20) Code Section 37-5-2, relating to declaration of policy relative to community services for the mentally retarded; (21) Code Section 37-5-4, relating to applicability of chapter; (22) Code Section 37-5-5, relating to duty of county board of health to provide community services; (23) Code Section 37-5-6, relating to county or health district plan for community services; (24) Code Section 37-5-7, relating to duty of department to provide consulting and financial assistance to county boards of health; (25) Code Section 37-5-10, relating to timetable for implementation of this chapter; (26) Code Section 37-6-2, relating to participation by department in financing of daycare centers for mentally retarded children; (27) Code Section 37-6-3, relating to participation by department in financing of daycare centers generally; (28) Code Section 37-6-4, relating to grants-in-aid to county board of health for purchase of services from private day-care centers; (29) Code Section 37-6-6, relating to inspection and approval of day-care centers; (30) Code Section 37-6-7, relating to departmental standards for day-care centers;

TUESDAY, MARCH 10, 2009

2017

(31) Code Section 37-9-6, relating to standards for determination of assessments for less than full cost of care; (32) Code Section 42-8-63.1, relating to discharges disqualifying individuals from employment; (33) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (34) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (35) Code Section 49-4-80, relating to definitions relative to aid to the disabled.
SECTION 1-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "developmental disability":
(1) Code Section 31-12-3.2, relating to meningococcal disease; (2) Code Section 31-32-4, relating to the advance directives for health care form; (3) Code Section 37-4-40.4, relating to evaluation of a person in custody of a state facility for temporary care; (4) Code Section 37-4-61, relating to transportation of clients generally; (5) Code Section 49-4-31, relating to definitions relative to old-age assistance; (6) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (7) Code Section 49-4-80, relating to definitions relative to aid to the disabled.
SECTION 1-8. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "a developmental disability":
(1) Code Section 31-20-3, relating to sterilization of mentally incompetent persons; (2) Code Section 37-4-80, relating to effect of inability to pay on right to habilitation services; (3) Code Section 37-4-100, relating to retention of rights and privileges by clients generally; and (4) Code Section 37-4-122, relating to client's care and treatment rights.
SECTION 1-9. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-7" wherever it occurs with "Code Section 31-2-11":
(1) Code Section 31-3-5, relating to functions of county boards of health; (2) Code Section 31-3-5.1, relating to conformity prerequisite to building permit; and (3) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules.

2018

JOURNAL OF THE HOUSE

SECTION 1-10. Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permits issued by the Department of Natural Resources for land disposal sites, is amended as follows:
"12-8-41. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from any one or more septic tank pumping and hauling businesses. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources (now known as the Department of Public and Behavioral Health for these purposes) under Code Section 31-2-8 31-2-12 may continue to operate under such Code section until July 1, 2012, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter."
SECTION 1-11. Code Section 17-18-1 of the Official Code of Georgia Annotated, relating to duty of certain officials to offer written statement of information to victims of rape or forcible sodomy, is amended as follows:
"17-18-1. When any employee of the Department of Human Resources Services, the Department of Public and Behavioral Health, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of a violation of Code Section 16-6-1, relating to rape, or Code Section 16-6-2, relating to aggravated sodomy, such employee shall offer or provide such adult a written statement of information for victims of rape or aggravated sodomy. Such written statement shall, at a minimum, include the information set out in Code Section 17-18-2 and may include additional information regarding resources available to victims of sexual assault. Information for victims of rape or aggravated sodomy may be provided in any language."
SECTION 1-12. Code Section 19-3-35.1 of the Official Code of Georgia Annotated, relating to AIDS brochures for applicants for a marriage license, is amended by revising subsection (b) as follows:
"(b) The Department of Human Resources Department of Public and Behavioral Health shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further prepare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms prepared by the

TUESDAY, MARCH 10, 2009

2019

Department of Human Resources under this subsection shall be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988."
SECTION 1-13. Code Section 19-15-4 of the Official Code of Georgia Annotated, relating to Georgia Child Fatality Review Panel, is amended by revising subsection (c) as follows:
"(c) The panel shall be composed as follows: (1) One district attorney appointed by the Governor; (2) One juvenile court judge appointed by the Governor; (3) Two citizen members who shall be appointed by the Governor, who are not employed by or officers of the state or any political subdivision thereof and one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization; (4) One forensic pathologist appointed by the Governor; (5) The chairperson of the Board of Human Resources Services; (6) The director of the Division of Family and Children Services of the Department of Human Resources Services; (7) The director of the Georgia Bureau of Investigation; (8) The chairperson of the Criminal Justice Coordinating Council; (9) A member of the Georgia Senate appointed by the Lieutenant Governor; (10) A member of the Georgia House of Representatives appointed by the Speaker of the House of Representatives; (11) A local law enforcement official appointed by the Governor; (12) A superior court judge appointed by the Governor; (13) A coroner appointed by the Governor; (14) The Child Advocate for the Protection of Children; (15) The director of the Division of Public Health of the Department of Human Resources Public and Behavioral Health; and (16) The director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Public and Behavioral Health."
SECTION 1-14. Code Section 30-8-1 of the Official Code of Georgia Annotated, relating to the Governor's Council on Developmental Disabilities, is amended as follows:
"30-8-1. (a) There is created the Governor's Georgia Council on Developmental Disabilities. The council shall serve as the designated state agency and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, relating to programs for persons with developmental disabilities. (b) The members of the council shall be appointed by the Governor from among the residents of the state, and the composition of the council shall comply with the

2020

JOURNAL OF THE HOUSE

membership requirements of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. The Governor shall consider appointing to the council persons representing a broad range of individuals with developmental disabilities and individuals interested in programs for the developmentally disabled. To the extent feasible, appointments to the council shall be made with a view toward equitable geographic, racial, and ethnic representation. (c) Each member shall serve for a term of four years or until a successor is appointed. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments. The council shall elect its own chairperson and such other officers as it deems necessary. The council may adopt rules and procedures and shall meet at the call of the chairperson. (d) The Governor's Georgia Council on Developmental Disabilities shall:
(1) Develop and implement a state plan, which includes the specification of federal and state priority areas, to address on a state-wide and comprehensive basis the need for services, support, and other assistance for individuals with developmental disabilities and their families; (2) Monitor, review, and evaluate, not less than annually, the implementation and effectiveness of the plan; (3) Submit to the United States secretary of health and human services, through the Governor, such plan and periodic reports on the council's activities as the secretary finds necessary; (4) Receive, account for, and disburse funds paid to the state pursuant to the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, and as authorized by the approved state plan; (5) To the maximum extent feasible, review and comment on all plans in the state which relate to programs affecting persons with developmental disabilities; (6) Serve as an advocate for persons with developmental disabilities; (7) Advise the Governor, the General Assembly, and all other state agencies in matters relating to developmentally disabled persons; and (8) Fulfill the responsibilities and meet the requirements of a designated state agency and of a state planning council as provided by Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. (e) The Governor's Georgia Council on Developmental Disabilities shall be attached to the Department of Human Resources Public and Behavioral Health for administrative purposes only as provided in Code Section 50-4-3. The council shall recruit and hire staff as provided by law and as the council determines necessary to carry out its duties. All costs incurred by the council shall be covered by funds paid to the state under Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, except that members who are state employees shall be reimbursed for their expenses by their agency in the same manner as other state employees. Members who are not state employees shall be reimbursed for their actual expenses, including travel and any other expenses incurred in performance of their council duties, from funds appropriated to the Department of Human Resources Public and Behavioral Health."

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SECTION 1-15. Code Section 31-8-135 of the Official Code of Georgia Annotated, relating to hearings under the "Remedies for Residents of Personal Care Homes Act," is amended by revising paragraph (3) of subsection (f) as follows:
"(3) Upon failure of the personal care home to correct such violation within a reasonable time, the department may impose appropriate civil penalties as provided for in Code Section 31-2-6 31-2-10."
SECTION 1-16. Code Section 31-5-2 of the Official Code of Georgia Annotated, relating to hearings of the Department of Human Resources, is amended as follows:
"31-5-2. (a) Hearings shall be required with respect to for any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted as provided in this Code section in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) Where hearing is required or afforded, notice thereof as provided in this Code section shall be given in person or by registered or certified mail or statutory overnight delivery to all interested parties; provided, however, in proceedings where the number of interested parties is so numerous as to make individual notice impracticable, notice shall be given by publication or by such other means reasonably calculated to afford actual notice as may be prescribed by the agency or person conducting such hearing. All notices shall state (1) the time and place of hearing and nature thereof and (2) the matters of fact and law asserted and must be given at least five days before the day set for hearing unless the agency determines that an imminent threat to the public health exists which requires shorter notice. (c) All interested parties at such hearings shall have, upon request, compulsory process as provided in Code Section 31-5-4 and shall have the right to adduce evidence and conduct cross-examination of all adverse witnesses. Any member of the department or county boards of health, as the case may be, their authorized officials or agents, or any attorney at law may administer oaths to all witnesses. No witness shall be abused while under examination or required to incriminate himself. Where possible, all evidence and proceedings shall be reported. (d) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member in good standing of the State Bar of Georgia. A county board of health is authorized and empowered to direct its director or the director's appointee to conduct hearings, issue compulsory process, administer oaths, and submit his findings and recommendations to the county board of health. In both of such cases, the examiner and director or the director's appointee shall make the report available to all interested parties, and such parties are permitted to file written exception thereto prior to final decision thereon."

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SECTION 1-17. Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term: (1) 'Designated teaching hospital' means a teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, seven-dayper-week emergency room open to the public and which hospital files a semiannual statistical report consistent with those filed by other state funded tertiary, neonatal, obstetrical centers with the Family Health Section of the Department of Human Resources Department of Public and Behavioral Health. (2) 'Hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association. (3) 'Resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital."
SECTION 1-18. Code Section 31-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to emergency medical services, is amended by revising paragraphs (3), (5), and (6.1) as follows:
"(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources Public and Behavioral Health." "(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 prior to January 1, 2002, or the Department of Human Resources (now known as the Department of Public and Behavioral Health for these purposes) on and after January 1, 2002." "(6.1) 'Department' means the Department of Human Resources Public and Behavioral Health."
SECTION 1-19. Code Section 31-11-50 of the Official Code of Georgia Annotated, relating to medical advisers relative to emergency medical services, is amended by revising subsection (a) as follows:
"(a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in this state and subject to approval by the medical consultant of the Emergency Health Section of the Division of Physical Public Health of the Department

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of Human Resources Department of Public and Behavioral Health. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the district health director or his or her designee to act as medical adviser until the services of a physician are available."
SECTION 1-20. Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to automated external defibrillator program, is amended by revising paragraph (1) of subsection (b) as follows:
"(1) It is recommended that all persons who have access to or use an automated external defibrillator obtain appropriate training as set forth in the Rules and Regulations rules and regulations of the Department of Public and Behavioral Health Human Resources Chapter 290-5-30. It is further recommended that such training include at a minimum the successful completion of:
(A) A nationally recognized health care provider/professional rescuer level cardiopulmonary resuscitation course; and (B) A department established or approved course which includes demonstrated proficiency in the use of an automated external defibrillator;"
SECTION 1-21. Code Section 31-13-25 of the Official Code of Georgia Annotated, relating to rules, regulations, agreements, and contracts formerly under the Department of Human Resources with respect to radiation control, is amended as follows:
"31-13-25. All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the jurisdiction of the Department of Human Resources (now known as the Department of Public and Behavioral Health for these purposes) will, by operation of law, be assumed by the Department of Natural Resources on April 4, 1990."
SECTION 1-22. Code Section 31-15-4 of the Official Code of Georgia Annotated, relating to a cancer control officer, is amended as follows:
"31-15-4. The commissioner shall appoint a cancer control officer. The cancer control officer shall be a physician licensed to practice medicine under Chapter 34 of Title 43 and must shall be knowledgeable in the field of medicine covered by this chapter. He or she shall administer the cancer program for the Division of Physical Public Health of the Department of Human Resources Department of Public and Behavioral Health in compliance with this chapter. He or she shall be provided an office with clerical and administrative assistance to carry out this program."

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SECTION 1-23. Code Section 31-15-5, relating to duties of the commissioner with respect to care and treatment of cancer patients, is amended by revising paragraph (3) as follows:
"(3) Extend financial aid to persons suffering from cancer to enable them to obtain the medical, nursing, pharmaceutical, and technical services necessary in caring for such disease. Criteria and procedures for financial aid will be developed by the Division of Physical Public Health in accordance with the principle that pauperization of a functional family unit will subvert the rehabilitative purposes of this program and will be more costly to the state in the long run;"
SECTION 1-24. Code Section 33-24-28 of the Official Code of Georgia Annotated, relating to termination of coverage of dependent child upon attainment of specified age, is amended as follows:
"33-24-28. (a) An individual hospital or medical expense insurance policy or hospital or medical service plan contract which provides that coverage of a dependent child shall terminate upon attainment of the limiting age for dependent children specified in the policy or contract shall also provide in substance that attainment of the limiting age shall not operate to terminate the coverage of the child while the child is and continues to be both incapable of self-sustaining employment by reason of mental retardation developmental disability or physical disability as determined by the Department of Human Resources Public and Behavioral Health and chiefly dependent upon the policyholder or subscriber for support and maintenance, provided proof of incapacity and dependency is furnished to the insurer, hospital, or medical service plan corporation by the policyholder or subscriber within 31 days of the child's attainment of the limiting age and subsequently as may be required by the insurer or corporation but not more frequently than annually after the two-year period following the child's attainment of the limiting age. (b) A group hospital or medical expense insurance policy or hospital or medical service plan contract which provides that coverage of a dependent child of an employee or other member of the covered group shall terminate upon attainment of the limiting age for dependent children specified in the policy or contract shall also provide in substance that attainment of such limiting age shall not operate to terminate the coverage of the child while the child is and continues to be both incapable of self-sustaining employment by reason of mental retardation developmental disability or physical disability as determined by the Department of Human Resources Public and Behavioral Health and chiefly dependent upon the employee or member for support and maintenance, provided proof of incapacity and dependency is furnished to the insurer or hospital or medical service plan corporation by the employee or member within 31 days of the child's attainment of the limiting age and subsequently as may be required by the insurer or corporation but not more frequently than annually after the two-year period following the child's attainment of the limiting age.

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(c) This Code section shall apply equally to health insurance policies issued pursuant to Chapters 29 and 30 of this title, contracts issued by nonprofit hospital and medical service corporations under Chapters 18 and 19 of this title, coverage by health maintenance organizations under Chapter 21 of this title, and health care plans under Chapter 20 of this title."
SECTION 1-25. Code Section 33-24-59.2 of the Official Code of Georgia Annotated, relating to insurance coverage for equipment and self-management training for individuals with diabetes, is amended by revising subsection (b) as follows:
"(b)(1) Diabetes outpatient self-management training and education as provided for in subsection (a) of this Code section shall be provided by a certified, registered, or licensed health care professional with expertise in diabetes.
(2) The office of the Commissioner of Insurance shall promulgate rules and regulations after consultation with the Department of Human Resources Public and Behavioral Health which conform to the current standards for diabetes outpatient selfmanagement training and educational services established by the American Diabetes Association for purposes of this Code section. (3) The office of the Commissioner of Insurance shall promulgate rules and regulations, relating to standards of diabetes care, to become effective July 1, 2002, after consultation with the Department of Human Resources (now known as the Department of Public and Behavioral Health for these purposes), the American Diabetes Association, and the National Institutes of Health. Such rules and regulations shall be adopted in accordance with the provisions of Code Section 33-29."
SECTION 1-26. Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to mental health generally, is amended by revising subsection (a) of Code Section 37-1-2, relating to legislative findings as to mental health, developmental disability, and addictive disease problems and services, as follows:
"(a) The General Assembly finds that the state has a need to continually improve its system for providing effective, efficient, and quality mental health, developmental disability, and addictive disease services. The General Assembly also finds that the needs of the publicly funded mental health, developmental disability, and addictive disease system and the state can best be met through reorganizing the regional mental health, mental retardation, and substance abuse boards and certain functions of the Department of Human Resources. Further, the General Assembly finds that a comprehensive range of quality services and opportunities is vitally important to the existence and well-being of individuals with mental health, developmental disability, or addictive disease needs and their families. The General Assembly further finds that the state has an obligation and a responsibility to develop and implement planning and

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service delivery systems which focus on a core set of consumer oriented, community based values and principles which include, but are not limited to, the following:
(1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services; (2) The delivery of services for consumers and families who endure mental illnesses, addictive diseases, or developmental disabilities should consider and take into account the medical needs of such patients and their families and how the diseases, disabilities, or conditions regarded primarily as mental are affected by and often lead to physical illnesses, conditions, or ailments, exacerbating each other and shortening life; (3) Providers of mental health, developmental disability, or addictive disease services should coordinate with providers of primary and specialty care so that treatment of conditions of the brain and the body can be integrated to promote recovery and health and well-being; (2)(4) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration; (3)(5) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need; (4)(6) Public programs are the safety net and foundation of the service planning and delivery system, they are essential for adequate state-wide services, and they should be valued and nurtured; at the same time, while assuring comparable standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness; (5)(7) Planning should reside at the local level, with the primary authority vested in local government, consumers, families, advocates, and other interested local parties; (6)(8) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be emphasized for those disabilities which are known to be preventable; (7)(9) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction; (8)(10) The functions of service planning, coordination, contracting, resource allocation, and consumer assessment should be separated from the actual treatment, habilitation, and prevention services provided by contractors; (9)(11) Consumers and families should have a single, community based point of entry into the system; (10)(12) Consumers, staff, providers, and regional planning board and community service board members should receive ongoing training and education and should have access to key management resources such as information systems and technical and professional support services; and (11)(13) The department is responsible for ensuring the appropriate use of state, federal, and other funds to provide quality services for individuals with mental health,

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developmental disabilities, or addictive disease needs who are served by the public system and to protect consumers of these services from abuse and maltreatment."
SECTION 1-27. Said chapter is further amended by revising Code Section 37-1-20, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, as follows:
"37-1-20. (a) The Division of Mental Health, Developmental Disabilities, and Addictive Diseases shall be a division of the department and shall be managed by a director whose qualifications meet standards set by the board. (b) The department, through the division, shall:
(1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (2) Direct, supervise, and control the medical and physical care, treatment, and rehabilitation and social and housing needs provided by the institutions, contractors, and programs under its control, management, or supervision; (3) Have authority to contract for services with community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services, and choice of providers for consumers, and to comply with the applicable federal laws, rules, and regulations related to public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; and the United States government or the government of any other state; (4) Plan for and implement the coordination of mental health, addictive disease, and developmental disability services with physical health services, and the prevention of any of these diseases or conditions, and develop and promulgate rules and regulations to require that all health services be coordinated and that public and private providers of any of these services who receive state support notify other providers of services to the same patients of the conditions, treatment, and medication regimens each provider is prescribing and delivering; (4)(5) Establish and support programs for the training of professional and technical personnel as well as regional planning boards and community service boards; (5)(6) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health recovery; (6)(7) Assign specific responsibility to one or more units of the division for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability;

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(7)(8) Establish a system for regional administration of mental health, developmental disability, and addictive disease services in institutions and in the community under the supervision of a regional coordinator; (8)(9) Make and administer budget allocations to regional offices of the division established by the board pursuant to Code Section 37-2-4.1 to fund the operation of mental health, developmental disabilities, and addictive diseases facilities and programs; (9)(10) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems; (10)(11) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; (11)(12) Disseminate information about available services and the facilities through which such services may be obtained; (12)(13) Supervise the regional office's exercise of its responsibility and authority concerning funding and delivery of disability services; (13)(14) Supervise the regional offices concerning the receipt and administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases; (14)(15) Supervise the regional offices concerning making contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the division and the regional offices; and (15)(16) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the division, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the division;. (16) Classify 'community living arrangements' and 'host homes' for persons whose services are financially supported, in whole or in part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. As used in this Code section, the term:
(A) 'Community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage. (B) 'Host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the

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host home services by contract with the division. The division shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person; and (17) Provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements. (c) The department shall: (1) Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; (2) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title; and (3) Assign specific responsibility to one or more units of the division for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs; and. (4) Classify and license community living arrangements, as defined in paragraph (16) of subsection (b) of this Code section, in accordance with the rules and regulations promulgated by the department for the licensing of community living arrangements and the enforcement of licensing requirements. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 31-2-6 and 317-2.2. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued under this article is not assignable or transferable."
SECTION 1-28. Said chapter is further amended by revising subsection (a) of Code Section 37-1-21, relating to institutional powers and duties of the Department of Human Resources and the Board of Human Resources, as follows:
"(a) The department is designated and empowered as the agency of this state responsible for supervision and administrative control of: state facilities for the treatment of mental illness or the habilitation and treatment of individuals with developmental disabilities who suffer from mental illnesses, developmental disabilities, or addictive diseases; state hospitals for the treatment of tubercular patients; programs

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for the care, custody, and treatment of addictive disease; and other facilities, institutions, or programs which now or hereafter come under the supervision and administrative control of the department. With respect to all such facilities, institutions, or programs the department shall have the following powers and duties:
(1) To create all necessary offices, appoint and remove all officers of such facilities, institutions, or programs, prescribe and change the duties of such officers from time to time, and fix their salaries as provided for by the pay plan covering positions under the State Merit System of Personnel Administration and in accordance with rules and regulations of the State Personnel Board, except that the commissioner shall not be subject to the State Merit System of Personnel Administration or the rules and regulations of the State Personnel Board. The department shall discharge and cause to be prosecuted any officer or other person who shall assault any patient in any of such facilities or institutions or who shall knowingly use toward any such patient any other or greater force than the occasion may require; (2) To refuse or accept and hold in trust for any such facility, institution, or program any grant or devise of land or bequest or donation of money or other property for the particular use specified or, if no use is specified, for the general use of such facility, institution, or program; (3) To bring suit in its name for any claims which any such facility or institution may have, however arising; (4) To appoint police of such facilities, institutions, or programs who are authorized, while on the grounds or in the buildings of the respective facilities, institutions, or programs to make arrests with the same authority, power, privilege, and duties as the sheriffs of the respective counties in which such facilities, institutions, or programs are situated. If because of the contagious or infectious nature of the disease of persons arrested facilities are not available for their detention, such police shall be authorized to confine such persons within the respective facilities, institutions, or programs pending trial as provided in other cases. After trial and conviction of any such person, he or she shall be sentenced to serve his or her term of sentence in the secured ward of the facility, institution, or program; and (5) To have full authority to receive and responsibility to receive and treat patients ordered admitted to such facilities, institutions, or programs pursuant to any law, to receive any voluntary patients, to discharge such patients pursuant to law, to contract with patients or other persons acting on behalf of patients or legally responsible therefor, and in general to exercise any power or function with respect to patients provided by law. It is the intent of the General Assembly to provide always the highest quality of diagnosis, treatment, custody, and care consistent with medical, therapeutic recovery, and habilitative evidence based practice and knowledge. It is the further intent of the General Assembly that the powers and duties of the department with respect to patients shall be administered by persons properly trained professionally for the exercise of their duties, consistent with the intention expressed in this Code section."

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SECTION 1-29. Said chapter is further amended by adding new Code sections to read as follows:
"37-1-25. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department.
37-1-26. (a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce."
SECTION 1-30. Code Section 37-1-70 of the Official Code of Georgia Annotated, relating to definitions relative to inspection warrants relative to mental health laws, is amended by revising as follows:
"37-1-70. As used in this chapter, the term:
(1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a 'public mental health law.' (2) 'Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder."
SECTION 1-31. Code Section 37-2-2 of the Official Code of Georgia Annotated, relating to definitions relative to the administration of mental health, developmental disabilities, addictive diseases, and other disability services, is amended by revising paragraph (7) and adding a new paragraph to read as follows:
"(7) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. Such term shall include health services."

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"(9.1) 'Health services' means social, housing, employment, recovery, and support services and any education or service provided by the Department of Public and Behavioral Health, either directly or by contract."
SECTION 1-32. Code Section 37-2-5 of the Official Code of Georgia Annotated, relating to establishing policy and direction for disability services for regional planning boards, is amended by revising subsections (a) and (b.2) as follows:
"(a) Each regional planning board shall engage in disability services planning including job supports and housing within its region and shall perform such other functions as may be provided or authorized by law."
"(b.2)(1) A person shall not be eligible to be appointed to or serve on a regional planning board if such person is:
(A) A member of the community service board which serves that region; or (B) An employee or board member of a private or public entity which contracts with the department, through the division, to provide health, mental health, developmental disabilities, or addictive diseases services within the region; or (C) An employee of such regional office or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from such regional office; or (D) An employee or board member of the department. (2) A person shall not be eligible to be appointed to or serve on a regional planning board if such person's spouse, parent, child, or sibling is a member of that regional planning board or a member, employee, or board member specified in subparagraph (A), (B), or (C) of paragraph (1) of this subsection. No person who has served a full term or more on a regional board or regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person served on the regional board or the regional planning board. No person who has served on a regional board and who becomes a member of a regional planning board on June 30, 2002, may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board."
SECTION 1-33. Said chapter is further amended by revising subsection (b) of Code Section 37-2-5.2, relating to duties and functions of regional planning boards, as follows:
"(b) It is the express intent of this chapter to confer upon the regional offices as the administrative entities of the division the flexibility, responsibility, and authority necessary to enter into contracts on behalf of the division with a wide range of public and private providers to ensure that consumers are afforded cost-effective, locally based, and quality disability services. Under the supervision of the division, regional offices are specifically authorized to enter into contracts on behalf of the division directly with any county governing authority, any disability services organization

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created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services."
SECTION 1-34. Code Section 37-2-6 of the Official Code of Georgia Annotated, relating to the creation of community mental health, developmental disabilities, and addictive diseases service boards, is amended by revising subsections (a), (b), and (b.1) as follows:
"(a) Community service boards in existence on June 30, 2006, are re-created effective July 1, 2006, to provide mental health, developmental disabilities, and addictive diseases services. Such community service boards may enroll and contract with the department to become a provider of mental health, developmental disabilities, and addictive diseases services or health, recovery, housing, or other supportive services. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees' rights are retained. (b) Each community service board shall consist of members appointed by the governing authorities of the counties within the community service board area. Membership on such community service board shall be determined as follows:
(1)(A) The governing authority of each county within the community service board area:
(i) With a population of 50,000 or less according to the most recent United States decennial census shall appoint one member to the board; and (ii) With a population of more than 50,000 according to the most recent United States decennial census shall appoint one member for each population increment of 50,000 or any portion thereof; or (B) In the event that the number of community service board member positions established in accordance with subparagraph (A) of this paragraph would exceed 13, the membership of such community service board pursuant to this subsection shall be appointed as follows and the bylaws shall be amended accordingly: (i) For community service boards whose community service board area contains 13 or fewer counties, the board shall be set at 13 members and appointments to the board shall be made by the governing authority of each county within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census and this method shall be repeated until all

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13 members of the community service board are appointed. If a county governing authority fails to make an appointment within a reasonable time, the next descending county by population shall make an appointment and the method shall continue; and (ii) For community service boards whose community service board area contains more than 13 counties, one member of the community service board shall be appointed by the governing authority of each county within the community service board area, so that the number of members on the board is equal to the number of counties in the community service board area. The county governing authority shall appoint as at least one of its appointments a consumer of disability services, a child psychiatrist, a child psychologist, a family member of a consumer, an advocate for disability services, a parent of a child with mental illness or addictive disease, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (2) In addition to the members appointed pursuant to paragraph (1) of this subsection, each community service board may appoint up to three additional members in order to address variation in the population sizes of counties or the financial contributions of counties within the community service board area or may authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board while holding such elective office. The bylaws of the community service board shall address the number of such additional members, if any, and the purpose or purposes for which such positions are created. The term of office of such additional members shall be the same as that of other members as provided in subsection (h) of this Code section; except that the term of office of a member in a position created to authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board shall be the same term of office as the elective term of office of said chief executive officer or said member of that county governing authority; (3) Each community service board in existence on June 30, 2006, shall reconstitute its membership in accordance with the provisions of paragraphs (1) and (2) of this subsection, effective July 1, 2006, as follows: (A) A community service board which increases or reduces the number of its members in accordance with paragraphs (1) and (2) of this subsection shall revise its bylaws adopted in accordance with subsection (h) of this Code section to reflect such increases or reductions. A community service board which reduces the number of its members shall designate which position or positions are to be eliminated and shall make reasonable efforts to eliminate any position or positions of members whose terms expire on or before June 30, 2006; provided, however, that

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members serving on a community service board whose terms do not expire on or before June 30, 2006, shall continue to serve out the terms of office to which they were appointed, regardless of whether this causes a board to temporarily exceed the maximum number of members. Any additional positions created in conformity with such paragraphs (1) and (2) may be filled on July 1, 2006, and the governing authority of a county that is otherwise authorized to appoint such additional community service board member or members may do so no sooner than May 1, 2006, but any person so appointed shall not take office until July 1, 2006. If a position on such community service board is not filled on July 1, 2006, a vacancy in that position shall be deemed to have occurred on that date. A community service board is authorized to make whatever changes necessary in the terms of office of its members in order to achieve the staggering of terms required by subsection (h) of this Code section; and (B) The term of office of an ex officio, voting member of a community service board holding membership on June 30, 2006, shall expire on June 30, 2006; and (4)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division to provide mental health, developmental disabilities, and addictive diseases services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (B) A person shall not be eligible to be appointed to or serve on a community service board if such persons spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (5) A community service board created in accordance with this subsection shall reconstitute its membership in conformity with the most recent United States decennial census in accordance with subparagraph (d)(2)(C) of Code Section 1-3-1. (b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (1) of subsection (b) of this Code section and such

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appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources (now known as the Department of Public and Behavioral Health for these purposes) or an employee of a county board of health may shall not serve on a community service board. For terms of office which begin July 1, 2009, or later, an employee of the department or a board member of the board of the department shall not serve on a community service board."
SECTION 1-35. Code Section 37-4-2 of the Official Code of Georgia Annotated, relating to definitions relative to the habilitation of the mentally retarded, is amended as follows:
"37-4-2. As used in this chapter, the term:
(1) 'Client' means any mentally retarded developmentally disabled person who seeks habilitation under this chapter or any person for whom such habilitation is sought. (2) 'Clinical record' means a written record pertaining to an individual client and includes habilitation record, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility and which pertains to the client's habilitation. Such other information as may be required by rules and regulations of the board shall also be included. (3) 'Community services' means all services deemed reasonably necessary by the Department of Human Resources Public and Behavioral Health to provide for the education, training, habilitation, and care of mentally retarded developmentally disabled individuals. Such services shall include, but not be limited to, diagnostic and evaluation services, day-care and training services, work activity services, community residential services such as group family care homes, transportation services, social services, medical services, and specified home services. (4) 'Comprehensive evaluation team' or 'comprehensive habilitation team' means and shall consist of a group of persons with special training and experience in the assessment of needs and provision of services for mentally retarded developmentally disabled persons, which group shall include, at a minimum, persons qualified to provide social, psychological, medical, and other services. The department shall specify the qualifications of the individuals who compose comprise a comprehensive evaluation team or a comprehensive habilitation team and shall ensure that such teams are located throughout the state so as to provide diagnostic, evaluation, and habilitation services for all citizens of Georgia. (5) 'Court' means:
(A) In the case of an individual who is 17 years of age or older, the probate court of the county of residence of the client or the county in which such client is found. Notwithstanding Code Section 15-9-13, in any case in which the judge of said probate court is unable to hear a case brought under this chapter within the time required for such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a

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member of the State Bar of Georgia and shall be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-bycase basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or his the judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed with the approval of the governing authority of the county for which such person is appointed and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or (B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the client or the county in which such client is found. (6) 'Developmental disability' means a severe, chronic disability of an individual that: (A) Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical impairments; (B) Is manifested before the individual attains age 22 except in cases of traumatic brain injury when age is not a variable; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in three or more of the following areas of major life activities:
(i) Self-care; (ii) Receptive and expressive language; (ii) Learning; (iv) Mobility; (v) Self-direction; (vi) Capacity for independent living; and (vii) Economic self-sufficiency; and (E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance which are of lifelong or extended duration and are individually planned and coordinated. When applied to infants and young children, the term means individuals from birth to age nine years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided. (7) 'Developmentally disabled person' means a person having a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (8) 'Developmentally disabled person in need of community services' means a developmentally disabled person who, after comprehensive evaluation and a hearing, is found to be in need of community services as defined in Code Section 37-5-3. (9) 'Developmentally disabled person requiring temporary and immediate care' means a person who is developmentally disabled, and:

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(A) Who presents a substantial risk of imminent harm to himself or herself or others; (B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. (6)(10) 'Facility' means any state owned or state operated institution utilized 24 hours a day for the habilitation and residence of persons who are mentally retarded developmentally disabled, any facility operated or utilized for such purpose by the United States Department of Veterans Affairs or any other federal agency, and any other facility within the State of Georgia approved for such purpose by the department. (7)(11) 'Full and fair hearing' or 'hearing' means a proceeding before a hearing examiner, under Code Section 37-4-42, or before a court, as defined in paragraph (5) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The client shall be provided with effective assistance of counsel. If the client cannot afford counsel, the court shall appoint counsel for him or her or the hearing examiner shall have the court appoint such counsel. The client shall have the right to confront and cross-examine witnesses and to offer evidence. The client shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The client shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the client. The standard of proof shall be by clear and convincing evidence. At the request of the client, the public may be excluded from the hearing; and the client need not be present if the court consents; in either of these events, the record shall reflect the reason for the hearing examiner's or the court's action. (8)(12) 'Habilitation' means the process by which program personnel help clients acquire and maintain those life skills which will enable them to cope more effectively with the demands of their own persons and of their environment and to raise the level of their physical, mental, social, and vocational abilities. (9)(13) 'Individualized program plan' means a proposed habilitation program written in behavioral terms, developed by the comprehensive evaluation team, and specifically tailored to the needs of an individual client. Each plan shall include: (A) A statement of the nature of the client's specific problems and specific needs; (B) A description of intermediate and long-range habilitation goals and a projected timetable for their attainment; (C) A description of the proposed habilitation program and its relation to habilitation goals;

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(D) Identification of the facility and types of professional personnel responsible for execution of the client's habilitation program; (E) A statement of the least restrictive environment necessary to achieve the purposes of habilitation, based upon the needs of the client; (F) An explanation of criteria for acceptance or rejection of alternative environments for habilitation; and (G) Proposed criteria for release of the client into less restrictive habilitation environments upon obtaining specified habilitation goals. (10)(14) 'Least restrictive alternative,' 'least restrictive environment,' or 'least restrictive appropriate habilitation' means that which is the least restrictive available alternative, environment, or appropriate habilitation, as applicable, within the limits of state funds specifically appropriated therefor. (11) 'Mental retardation' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (12) 'Mentally retarded person' means a person having a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (13) 'Mentally retarded person in need of community services' means a mentally retarded person who, after comprehensive evaluation and a hearing, is found to be in need of community services as defined in Code Section 37-5-3. (13.1) 'Mentally retarded person requiring temporary and immediate care' means a person who is mentally retarded, and: (A) Who presents a substantial risk of imminent harm to himself or others; (B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. (14)(15) 'Person in charge of a client's habilitation' means a superintendent or regional state hospital administrator of a facility, a case manager, or any other service provider designated by the department to have overall responsibility for implementation of a client's individualized program plan. The department shall designate such a person for each individual ordered to receive services from the department under this chapter. (14.1)(16) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3.

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(15)(17) 'Representatives' means the persons appointed as provided in Code Section 37-4-107 to receive any notice under this chapter. (16)(18) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility, other than a regional state hospital or state owned or operated community program, receiving mentally retarded developmentally disabled persons under this chapter or an individual appointed as the designee of such superintendent."
SECTION 1-36. Code Section 37-5-3 of the Official Code of Georgia Annotated, relating to definitions relative to community services for the mentally retarded, is amended as follows:
"37-5-3. As used in this chapter, the term:
(1) 'Community services' means all community-based community based services deemed reasonably necessary by the department to provide for education, training, rehabilitation, and care of mentally retarded developmentally disabled individuals and shall include but not be limited to: diagnostic and evaluation services; day-care and training services; work-activity services; community residential services such as group family-care homes; transportation services incidental to educational, training, and rehabilitation services; social services; medical services; and specified home services. (2) 'Mentally retarded Developmentally disabled individual' means a person whose ability to care for himself or herself is substantially impaired by mental retardation a developmental disability or by a neurological dysfunction associated with mental retardation a developmental disability. (3) 'Mental retardation Developmental disability' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period means a severe, chronic disability of an individual that:
(A) Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical impairments; (B) Is manifested before the individual attains age 22 except in cases of traumatic brain injury when age is not a variable; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in three or more of the following areas of major life activities:
(i) Self-care; (ii) Receptive and expressive language; (ii) Learning; (iv) Mobility; (v) Self-direction; (vi) Capacity for independent living; and (vii) Economic self-sufficiency; and

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(E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance which are of lifelong or extended duration and are individually planned and coordinated. When applied to infants and young children, the term means individuals from birth to age nine years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided."
SECTION 1-37. Code Section 37-6-1 of the Official Code of Georgia Annotated, relating to definitions relative to day-care centers for the mentally retarded, is amended as follows:
"37-6-1. As used in this chapter, the term:
(1) 'Day-care center' means any facility that is operated and maintained for and is qualified to furnish care and training to mentally retarded developmentally disabled individuals on less than a 24 hour basis. (2) 'Mentally retarded Developmentally disabled individual' means any individual who is suffering from mental retardation a developmental disability. (3) 'Mental retardation Developmental disability ' means a state of subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior a severe, chronic disability of an individual that:
(A) Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical impairments; (B) Is manifested before the individual attains age 22 except in cases of traumatic brain injury when age is not a variable; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in three or more of the following areas of major life activities:
(i) Self-care; (ii) Receptive and expressive language; (ii) Learning; (iv) Mobility; (v) Self-direction; (vi) Capacity for independent living; and (vii) Economic self-sufficiency; and (E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance which are of lifelong or extended duration and are individually planned and coordinated. When applied to infants and young children, the term means individuals from birth to age nine years, inclusive, who have substantial developmental delay or specific

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congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided."
SECTION 1-38. Code Section 40-16-5 of the Official Code of Georgia Annotated, relating to authority of the commissioner of driver services, is amended by revising paragraph (5) of subsection (d) as follows:
"(5) All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources (now known as the Department of Public and Behavioral Health for these purposes) to the Department of Driver Services."
SECTION 1-39. Code Section 42-5-52.1 of the Official Code of Georgia Annotated, relating to submission to HIV test of inmates, is amended by revising subsection (c) as follows:
"(c) No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Department of Human Resources (now known as the Department of Public and Behavioral Health for these purposes) under Code Section 42-5-52, if that person has not submitted to an HIV test following that person's most recent commitment to the custody of the commissioner and unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15."
SECTION 1-40. Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, is amended by revising paragraphs (3) and (12) of subsection (b) as follows:
"(3)(A) Persons who, prior to July 1, 2000, engaged in the practice of a specialty as an employee of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department. (B) Persons who engage in the practice of social work as employees of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such community service board or similar entity, agency, or department, and persons or entities which contract to provide social work services with any community service board or similar entity or any agency or department of the state or any of its political subdivisions, but such contracting persons and entities shall only be

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exempt under this subparagraph when engaged in providing social work services pursuant to those contracts and shall only be exempt until January 1, 1996. (C) Persons who engage in the practice of professional counseling as employees of privately owned correctional facilities, the Department of Corrections, Department of Human Resources Services, Department of Public and Behavioral Health, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such privately owned correctional facility, department, board, or entity and persons or entities which contract to provide professional counseling services with such department or county board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996;" "(12) Persons engaged in the practice of a specialty as an employee of the Division of Family and Children Services of the Department of Human Resources Services but only when engaged in such practice as an employee of that division;"
SECTION 1-41. 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 (c) as follows:
"(c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of community service boards, county departments of health, and county departments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article. In order to facilitate the administration of liability coverage or other insurance coverages provided the community service boards, and county departments of health, and county departments of family and children services, the Department of Human Resources Public and Behavioral Health must shall designate a central office which will shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of family and children services, the Department of Human Services shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services."
SECTION 1-42. Code Section 45-9-110 of the Official Code of Georgia Annotated, relating to authorization for consolidation of unemployment compensation claim matters under the

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commissioner of administrative services, is amended by revising subsection (d) as follows:
"(d) The commissioner of administrative services shall have the authority to provide unemployment compensation benefits insurance to all of the county departments of health, county departments of family and children services, and community service boards. The commissioner of human resources public and behavioral health shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from such boards and departments county departments of health and community service boards and remit the premium to the Department of Administrative Services. The commissioner of human services shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from county departments of family and children services and remit the premium to the Department of Administrative Services. All of the county departments of health, county departments of family and children services, and community service boards shall participate in such unemployment compensation benefit insurance program."
SECTION 1-43. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to setoff debt collection, is amended as follows:
"48-7-161. As used in this article, the term:
(1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Resources Services and the Department of Public and Behavioral Health with respect to collection of debts under Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Section 49-4-15; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The State Medical Education Board with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (F) The Department of Corrections with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the

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sentence imposed on a person convicted of a crime who is in the legal custody of the department; (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult. (2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, any sum which is due and owing any person and is enforceable by the Department of Human Resources Services pursuant to subsection (b) of Code Section 19-11-8, or any sum of restitution or reparation due pursuant to a sentence imposed on a person convicted of a crime and sentenced to restitution or reparation and probation. (3) 'Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy. (4) 'Refund' means the Georgia income tax refund which the department determines to be due any individual taxpayer."
SECTION 1-44. Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to adoption and administration of a state plan for medical assistance by the Department of Community Health, is amended by revising subsection (b) as follows:
"(b) The department shall, not later than June 1, 1986, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assistance in a nursing home. The Department of Human Resources shall likewise modify any affected rules and regulations of the Department of Human Resources. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations. Such modification of the state plan for medical assistance or rules and regulations:
(1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other requirements of appropriate regulations; (2) Shall provide that at no time can more than 10 percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made; (3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a skilled

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care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan; (4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients; (5) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and (6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room."
SECTION 1-45. Code Section 49-5-220 of the Official Code of Georgia Annotated, relating to legislative findings and intent with respect to children and adolescents with severe emotional problems, is amended as follows:
"49-5-220. (a) The General Assembly declares its intention and desire to:
(1) Ensure a comprehensive mental health program consisting of early identification, prevention, and early intervention for every child in Georgia; (2) Preserve the sanctity of the family unit; (3) Prevent the unnecessary removal of children and adolescents with a severe emotional disturbance from their homes; (4) Prevent the unnecessary placement of these children out of state; (5) Bring those children home who through use of public funds are inappropriately placed out of state; and (6) Develop a coordinated system of care so that children and adolescents with a severe emotional disturbance and their families will receive appropriate educational, nonresidential and residential mental health services, and support services, as prescribed in an individualized plan. (b) In recognition of the fact that services to these children are provided by several different agencies, each having a different philosophy, a different mandate, and a different source of funding, the General Assembly intends that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Public and Behavioral Health shall have the primary responsibility

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for planning, developing, and implementing the coordinated system of care for severely emotionally disturbed children. Further, it recognizes that to enable severely emotionally disturbed children to develop appropriate behaviors and demonstrate academic and vocational skills, it is necessary that the Department of Education provide appropriate education in accordance with P.L. 94-142 and that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources of Public and Behavioral Health provide mental health treatment. (c) Further, in recognition that only a portion of the children needing services are receiving them and in recognition that not all the services that comprise a coordinated system of care are currently in existence or do not exist in adequate numbers, the General Assembly intends that the Department of Human Resources Public and Behavioral Health and the Department of Education jointly develop and implement a State Plan for the Coordinated System of Care for severely or emotionally disturbed children or adolescents as defined in paragraph (10) of Code Section 49-5-221. (d) The commissioner of the Department of Human Resources public and behavioral health and the State School Superintendent shall be responsible for the development and implementation of the state plan. (e) The commissioner of the Department of Human Resources public and behavioral health shall be responsible for preparing this jointly developed state plan for publication and dissemination. The commissioner of the Department of Human Resources public and behavioral health shall also be responsible for preparing for publication and dissemination the annual report. (f) The receipt of services under this article is not intended to be conditioned upon placement of a child in the legal custody, protective supervision, or protection of the Department of Human Resources Services."
SECTION 1-46. Code Section 49-5-225 of the Official Code of Georgia Annotated, relating to local interagency committees with respect to children and adolescents with severe emotional problems, is amended by revising subsection (a) as follows:
"(a) At least one local interagency committee shall be established for each region of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Public and Behavioral Health whose permanent membership shall include a local representative from each of the following:
(1) The community mental health agency responsible for coordinating children's services; (2) The Division of Family and Children Services of the Department of Human Resources Services; (3) The Department of Juvenile Justice; (4) The Division of Public Health of the Department of Human Resources Public and Behavioral Health; (5) A member of the special education staff of the local education agency; (6) The Division of Rehabilitation Services of the Department of Labor."

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SECTION 1-47. Code Section 50-16-3 of the Official Code of Georgia Annotated, relating to property of state boards and departments, is amended by revising paragraph (2) as follows:
"(2) The several institutions operated by the Department of Human Resources Services or the Department of Public and Behavioral Health, including all real and personal property belonging to the several institutions or used in connection therewith, and all other property conveyed to the such department for the use of any of the institutions or conveyed to any of the boards of trustees of which the such department is the successor or to any of the institutions under its control;"
PART II Department of Human Services.
SECTION 2-1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Chapters 1 and 2, relating to general provisions on social services and the Department of Human Resources, respectively, as follows:
"CHAPTER 1
49-1-1. As used in this title, the term:
(1) 'Board' means the Board of Human Resources Services. (2) 'Commissioner' means the commissioner of human resources services. (3) 'County board' means a county or district board of family and children services. (4) 'County department' means a county or district department of family and children services. (5) 'County director' means the director of a county or district department of family and children services. (6) 'Department' means the Department of Human Resources Services.
49-1-2. All rules and regulations made by the Department of Human Resources Services shall be binding on the counties and shall be complied with by the respective county departments.
49-1-3. (a) Notwithstanding any other provisions of law, the Governor shall have the power by executive order to direct and implement such internal organization of the Department of Human Resources as he may determine necessary to improve the management and administration of the functions vested in the department, including the power to allocate within such organization the executive authority described in Code Section 49-2-1 with respect to any or any grouping of the functions of the department. For these purposes,

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the Governor shall have the power by executive order to redefine the department's substate structure and to direct the establishment of district health and welfare organizations, as respectively described and with such powers and duties as set forth in Code Sections 31-3-15 and 49-3-1. The district director of a health district shall be a licensed physician. The district director and other executive staff of district health and welfare organizations shall hereafter be appointed by the department, provided that the department shall not appoint as a director of any such organization any person whose appointment is not approved by a majority of the respective district board concerned in a meeting of such board called for that purpose. (b) Any other provisions of this Code section to the contrary notwithstanding, any such reorganization plan shall provide for a county department of family and children services, a county board of family and children services, and a county director of family and children services in each county of this state. The county director shall be the executive officer of the county department who shall be responsible for operations and personnel. In addition to such other powers and authorities which may be delegated to county departments of family and children services, each county board and director of family and children services shall have the same powers, duties, and bond requirements as provided in Code Sections 49-3-2 through 49-3-5. (c) Notwithstanding any other provision of this Code section, the Governor shall not have the power by executive order to abolish any county board. (d) The Governor's power under this Code section shall expire on December 31, 1976, but the organization accomplished by executive order hereunder shall continue until altered in the manner provided by law. Reserved.
49-1-4. No individual, supervisor, or member of the Board of Human Resources Services or the county or district boards of family and children services having to do with the administration of this title shall be authorized or permitted, directly or indirectly, to sell supplies or other items of any kind or character to any of the institutions to be benefited by this title.
49-1-5. (a) In order that the public welfare laws of this state may be better enforced, the Governor is authorized and empowered to suspend any member of any county board, any county director, or any employee or official of the department whenever he or she shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered or certified mail or statutory overnight delivery, return receipt requested, together with a notice from the Governor or his or her executive secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, which hearing shall be not less than ten nor more than 20 days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for

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the removal of the person so suspended exists, he or she is authorized and empowered to remove such member of any county board, any county director, or any employee or official in the department; whereupon, such person's tenure of office or employment shall terminate, subject to the right of appeal granted to any employee under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he or she shall, by appropriate executive order, restore him or her to duty. (b) In addition to removal by the Governor as specified in subsection (a) of this Code section, the director of the Division of Family and Children Services may terminate the employment of any county director or district director subject to any right of appeal such director may have under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law.
49-1-6. (a) Any charitable or nonprofit corporation which has been granted a charter or articles of incorporation under the laws of this state may transfer all or a part of its assets to the department upon such terms as may be agreed upon between such corporation and the department, provided such corporation shall first have obtained authority to make such transfer in accordance with this Code section. (b) Any such corporation may apply for authority to make such transfer by filing its petition with the superior court of the county in which such corporation has its principal office. Such application shall set forth the assets which the corporation desires to transfer to the department and the terms upon which it desires to transfer these assets. (c) Such corporation, once a week for four weeks prior to the filing of such petition, shall publish notice in the newspaper of the county in which is located the principal office of the corporation, such newspaper being the newspaper in which notices of sheriff's sales are advertised. The notice shall set forth the date, time, and place when such application will be presented, the court to which it will be presented, and the assets which such corporation desires to transfer to the department. (d) After a hearing, the court shall be authorized to grant the application and permit a transfer of the assets of the applicant upon terms as set out in the application or modified as the court may deem advisable, if the court considers this in the public interest; or the court may deny the application if the court deems such denial to be in the public interest. Where such corporation makes a transfer of all of its right, title, and interest in any of its assets to the department and such transfer is made pursuant to the authority of the court obtained in the manner provided for in this Code section, such transfer shall be conclusively deemed to be a proper and legal transfer. (e) Should such corporation desire to transfer all of its assets to the department, the court to which such application is presented may include in its order a provision that upon the transfer by such corporation of all of its assets to the department and upon compliance with Chapter 3 of Title 14, the charter or articles of incorporation of such corporation shall stand surrendered and the corporation dissolved.

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(f) Nothing contained in this Code section shall be considered as authorizing the department to accept a transfer of assets upon terms which would require the use of them by the department in a manner not authorized by law.
49-1-7. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department.
49-1-8. (a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce.
49-1-9 49-1-7. (a) The General Assembly finds that it is in the best interest of the state to provide for programs for home delivered meals, transportation services for the elderly, and preschool children with special needs, including but not limited to disabled children, troubled children, school readiness programs, and other similar needs for the benefit of the citizens of Georgia. In addition to and as a supplement to traditional financing mechanisms for such programs, it is the policy of this state to enable and encourage citizens voluntarily to support such programs. (b) To support programs for home delivered meals, transportation services for the elderly, and preschool children with special needs which programs have been established or approved by the department or the Department of Public and Behavioral Health, the department may, without limitation, promote and solicit voluntary contributions through the income tax return contribution mechanism established in subsection (f) of this Code section, through offers to match contributions by any person with moneys appropriated or contributed to the department or the Department of Public and Behavioral Health for such programs, or through any fund raising or other promotional techniques deemed appropriate by the department or the Department of Public and Behavioral Health.

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(c) There is established a special fund to be known as the 'Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund.' This fund shall consist of all moneys contributed under subsection (b) of this Code section, all moneys transferred to the department under subsection (f) of this Code section, and any other moneys contributed to this fund or to the home delivered meals, transportation services for the elderly, or preschool children with special needs programs of the department or the Department of Public and Behavioral Health and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The fund shall be administered and the moneys held in the fund shall be expended by the department through the Office Division of Aging Services in furtherance of home delivered meals and transportation services to the elderly programs and by the department Department of Public and Behavioral Health in furtherance of preschool children with special needs programs. (d) Following the transmittal of contributions to the department for deposit in the fund pursuant to subsection (f) of this Code section, the expenditure of moneys in the fund shall be allocated as follows:
(1) Fifty percent of the contributions to the fund shall be used for home delivered meals and transportation services to the elderly programs; and (2) Fifty percent of the contributions to the fund shall be transferred to the Department of Public and Behavioral Health to be used for preschool children with special needs programs. (e) Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. Contributions shall only be used for benefits and services and shall not be used for personnel or administrative positions. The department and the Department of Public and Behavioral Health shall each prepare, by February 1 of each year, an accounting of the funds received and expended from the fund and a review and evaluation of all expended moneys of the fund. The report reports shall be made available to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, to the members of the Board of Human Resources Services and the Board of Public and Behavioral Health, and, upon request, to members of the public. (f)(1) Unless an earlier date is deemed feasible and established by the Governor, each Georgia income tax return form for taxable years beginning on or after January 1, 1993, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund established in subsection (c) 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

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contributions. Each taxpayer required to file a state income tax return who desires to contribute to such 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 department for deposit in the fund established in subsection (c) of this Code section; provided, however, the amount retained for administrative costs, including implementation 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.
CHAPTER 2 ARTICLE 1
49-2-1. (a) There is created a Department of Human Resources Services. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases and the Division of Public Health transferred or reassigned to the Department of Public and Behavioral Health and those relating to regulatory services transferred or reassigned to the Department of Community Health, are transferred to the Department of Human Services effective July 1, 2009, and the Department of Human Resources shall be reconstituted as the Department of Human Services effective July 1, 2009. (b) There is also created the position of commissioner of human resources services. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department.
49-2-2. (a) There is created a Board of Human Resources Services, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Human Resources Services created by Code Section 49-2-1. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases and the Division of Public Health and transferred or reassigned to the Board of Public and Behavioral Health and those relating to regulatory services transferred or reassigned to the Board of Community Health, are transferred to the Board of Human

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Services effective July 1, 2009, and the Board of Human Resources as it existed on June 30, 2009, shall be abolished effective July 1, 2009. The board shall consist of one member from each congressional district in the state and four at-large nine members appointed by the Governor and confirmed by the Senate. For this purpose, the congressional districts used shall be those specified in Code Section 21-1-2, as amended by Act No. 2EX11 of the second extraordinary 2001 session of the General Assembly and as thereafter amended by law. Seven members of the board shall be engaged professionally in rendering health services, and at least five of these seven members shall be licensed to practice medicine pursuant to Chapter 34 of Title 43. In appointing members to the board, the Governor shall take into account to the extent practicable all areas and functions encompassed by the department. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years; three members shall be appointed for four years; and the remaining members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five-year three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (d)(e) There shall be a chairman chairperson of the board, elected by and from the membership of the board, who shall be the presiding officer of the board. (e) Those members engaged in rendering health services shall comprise no more than seven members of the total membership of the board. (f) The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards.
49-2-2.1. (a) The Department of Human Services 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 or reassigned to the Department of Human Services pursuant to Code Section 49-2-1 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 or reassigned to the Department of Human Services pursuant to Code Section 49-2-1. Such rules, regulations, policies, procedures, and administrative orders shall remain in

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effect until amended, repealed, superseded, or nullified by the Department of Human Services by proper authority or as otherwise provided by law. (b) 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 or reassigned to the Department of Human Services pursuant to Code Section 49-2-1 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 Human Services. In all such instances, the Department of Human Services shall be substituted for the Department of Human Resources, and the Department of Human Services shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred or reassigned to the Department of Human Services pursuant to Code Section 49-2-1 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Human Services in similar capacities, as determined by the commissioner of human services. Such employees shall be subject to the employment practices and policies of the Department of Human Services 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 Human Services.
49-2-3. (a) Reserved. (b) The policy-making functions of the State Board for Children and Youth, contained in Ga. L. 1963, p. 81, are vested in the Board of Human Resources Services. (c)(b) The policy-making functions of the Commission on Aging, created in Ga. L. 1962, p. 604, are vested in the Board of Human Resources Services.
49-2-4. There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department.

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49-2-5. The department is declared to be an institution of the state for which the powers of taxation over the whole state may be exercised, and the department is empowered and authorized to administer, expend, and disburse funds appropriated to it and allocated to it by the General Assembly, the respective counties of the state, and the United States, through its appropriate agencies and instrumentalities for the purpose of distributing old-age benefits and all other benefits as provided in this title.
49-2-6. (a) The department shall administer or supervise all county departments of the state as provided in Chapter 3 of this title. (b) The department shall:
(1) Administer or supervise: (A) All categories of public assistance established under Code Section 49-4-3; (B) The operation of state charitable and eleemosynary institutions; (C) Agencies and institutions caring for dependent or mentally or physically disabled or aged adults; and (D) Such other welfare activities or services as may be vested in it;
(2) Cooperate in the supervision of all correctional activities, including the operation of all the penal and correctional institutions of the state, together with parole, supervising of probation services, segregation of first offenders, and the inspection of local jails; (3) Provide services to county governments, including the organization and supervision of county departments for the effective administration of welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state; (4)(3) Prescribe qualifications and salary standards for welfare personnel in state and county departments, subject to Chapter 20 of Title 45; (5)(4) Assist other state and federal departments, agencies, and institutions, when so requested, by performing services in conformity with the purposes of this title; (6)(5) Act as the agent of the federal government in welfare matters of mutual concern in conformity with this title and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (7)(6) Under rules and regulations prescribed by the board, designate county and district departments to serve as agents in the performance of all state welfare activities in the counties or districts; (8)(7) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary; (9)(8) Have the right to accept and execute gifts or donations for welfare purposes, as may be prescribed by the donors thereof;

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(10)(9) Have authority to delegate in whole or in part the operation of any institution or other activity of the department to any other appropriate department or agency of the state, county, or municipal governments; and to contract with and cooperate with such departments or subdivisions in any manner proper for carrying out the purposes of this title; (11) Make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for the purposes of this title the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budge required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited; and (12)(10) Administer such programs and provide such services as may be appropriate and necessary to strengthen family life and help needy individuals attain the maximum economic and personal independence of which they are capable, including services to applicants and recipients of old-age assistance to help them attain selfcare, provided that the costs incurred by the county departments in administering this Code section in conjunction with the public assistance programs administered by the department shall be deemed to be administrative expenses; (11) Classify and license community living arrangements in accordance with the rules and regulations promulgated by the department for the licensing and enforcement of licensing requirements for persons whose services are financially supported, in whole or in part, by funds authorized through the department. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 49-2-17 and 49-2-18. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the

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department. A license issued pursuant to this paragraph is not assignable or transferable. As used in this paragraph, the term 'community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage; and (12) Classify host homes for persons whose services are financially supported, in whole or in part, by funds authorized through the department and provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the department. The department shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice, as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person. As used in this paragraph, the term 'host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage.
49-2-7. (a) The functions, duties, and authority of the Board of Public Welfare, established by Ga. L. 1919, p. 222, as amended, as transferred and vested in the Board of Control of Eleemosynary Institutions by Ga. L. 1931, p. 7, Section 44A, are vested in the Department of Human Resources Services. (b) The functions, duties, and authority of the Department of Family and Children Services, created in Ga. L. 1937, p. 355, as amended, are vested in the Department of Human Resources Services. (c) The functions of the State Board for Children and Youth, created in Ga. L. 1963, p. 81, except for the policy-making functions transferred to the Board of Human Resources, are vested in the Department of Human Resources Services. (d) Reserved. (e) The functions, duties, and authority of the State Commission on Aging, created in Ga. L. 1962, p. 602, except the policy-making functions transferred to the Board of Human Resources Services, are vested in the Department of Human Resources Services.

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49-2-8. The five members of the board who are licensed to practice medicine pursuant to Chapter 34 of Title 43 shall pass upon and approve the professional qualifications of all physicians and medical doctors employed by the department. Reserved.
49-2-9. In administering any funds appropriated or made available to the department for welfare purposes, the department shall have the power:
(1) To make use of all local processes to enforce the minimum standards prescribed under or pursuant to the laws providing for grants-in-aid; and (2) To administer and disburse any and all funds which may be allocated by any municipality of the state or private organization or society for such purposes as may be designated by such municipality or other agency. The department may use a reasonable percentage of such funds for administrative costs, not to exceed 10 percent of the total sum administered.
49-2-10. For the purpose of carrying out the duties and obligations of the department for performance of welfare services of the state, for administrative costs, for matching such federal funds as may be available for all of the aforesaid services, for the purpose of establishing an equalization fund to be used in assisting those counties which may be unable otherwise to bear their proportionate share of the expenses of administration and of dispensing the benefits provided for under this title, and for dispensing all of the benefits provided for under this title, the General Assembly shall make appropriations out of the general fund of the state or otherwise for the various and separate activities of the department. All funds appropriated or allocated to the department or to the county departments by the General Assembly, the fiscal authorities of the respective counties, and by the federal government through its appropriate agencies and instrumentalities are declared to be funds provided for a public purpose; and all appropriations provided for in this Code section and hereafter may be expended and distributed by the department for the purposes provided for under this title.
49-2-11. (a) Notwithstanding any provision in this title to the contrary, particularly Articles 2, 3, and 5 of Chapter 4 of this title, nothing therein contained shall be construed to prevent the acceptance of more than 50 percent federal matching funds. The department may accept and disburse the maximum percentage of federal grant-in-aid funds made available to this state by the federal government under any formula of variable grants or other formula for the granting of federal grants-in-aid. (b) The department is authorized to comply with the requirements prescribed by Congress as conditions to federal grants. (c) To the end of empowering the department to comply with federal requirements and to effectuate the purposes of grant-in-aid welfare programs, the board is authorized to

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promulgate all necessary rules and regulations and the department is authorized to do all things necessary and proper for the securing of the maximum amount of such federal grants. (d) In the event that Congress appropriates funds for grants-in-aid to the state governments for the purpose of assisting them in the operation of general assistance programs, medical assistance programs, or any other welfare programs, the department is authorized to cooperate with the federal government in such programs, to accept funds from the federal government in the maximum amounts made available, to disburse them, and to comply with all requirements of the federal government necessary for the securing of such grant-in-aid funds. (e) Any state funds which are made available by appropriation to the department for matching federal funds shall be available to supply the state portion of expenditures for general assistance programs, medical assistance programs, or any other type welfare programs provided for by the federal government which benefit the citizens or residents of this state. (f) Notwithstanding subsections (a) through (e) of this Code section, the Department of Community Health shall be the single state agency for the administration of the state medical assistance plan.
49-2-12. (a) All divisions and sections within the department shall make an inventory of all the various vehicles to which the department holds title and shall investigate their utilization patterns in order to establish and develop a consolidated and coordinated transportation plan for the various human services programs of the department, including, but not limited to, those programs relating to the aged and to the mentally and physically disabled. (b) Other departments and agencies of the state shall cooperate with the Department of Human Resources Services in mutually beneficial agreements regarding the establishment and development of a coordinated transportation plan involving various vehicles to which the state has title. (c) The plan required to be developed under this Code section shall identify the fully allocated costs of the transportation component of their services and take into consideration various limitations on the expenditure of federal funds which may arise in any consolidated or coordinated transportation system. No later than June 30, 1980, a preliminary transportation plan shall be submitted by the department to the Human Relations and Aging Committee of the House of Representatives and the Education and Youth, Aging, and Human Ecology Committee of the Senate, which plan shall be revised and submitted to such committees every two years thereafter.
49-2-13. All divisions and sections within the department, in cooperation with the Department of Transportation, shall identify those areas of the state where the general transportation needs of the elderly and persons with disabilities are not and cannot be adequately

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served by bus service and community service centers furnishing transportation. In further cooperation with the Department of Transportation, the department shall identify alternatives for meeting the transportation needs of these persons and shall report to the committees specified in subsection (c) of Code Section 49-2-12 as required therein. Such alternative means to be considered for providing for the transportation needs of these persons should include, but shall not be limited to:
(1) Contract service resulting from competitive bidding by private sector bus operators operating under Article 1 of Chapter 7 of Title 46; (2) Contract service resulting from competitive bidding by taxi operators; (3) Negotiated fee basis with municipal and area-wide transportation systems serving the general public; or (4) Any combination of above paragraphs (1) through (3) of this Code section.
49-2-13.1. (a) The department may, when funds are available from the United States government for such purposes, provide financial assistance with such funds, or such funds and state general funds appropriated for these purposes, to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of the elderly or persons with disabilities, or both, for whom the department determines that the mass transportation services planned, designed, and carried out by local public bodies, agencies, and authorities are unavailable, insufficient, or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements, and restrictions as the department determines to be necessary or appropriate in order to carry out the purposes of this Code section. (b) In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section.
49-2-14. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the

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department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed. (c) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department, and its contractors, and any district or county health agency. Such uniform method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. (d) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning children in the custody of the department or who are the subjects of a child protective services referral, complaint, or investigation and shall be privileged and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the employment, department, or licensed child-placing agency file. Immediately following the employment decisions or upon receipt of the conviction data concerning any adult person who has contact with a child who is the subject of a child protective services referral, complaint, or investigation or who resides in a home where children in the custody of the department may be placed, all such conviction data collected by the department or the licensed child-placing agency shall be maintained by the department or child-placing agency pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (e) Notwithstanding the provisions of subsection (c) of this Code section, when a contractor to this department is a personal care home, the provisions of Code Sections 31-7-250 through 31-7-264 shall apply. (f) The department may promulgate written rules and regulations to implement the provisions of this Code section. (g) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information which it may be provided pursuant to state or federal law which is relevant to any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral,

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complaint, or investigation to the fullest extent permissible by federal and state law, including but not limited to Public Law 92-544. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprint cards fingerprints together with any required records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the names alone of such adult persons to the proper law enforcement agency when the department is considering placement of a child in exigent circumstances for a name based check of such adult person's criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such exigent circumstances, the department shall submit two complete sets of fingerprint cards fingerprints of those adult persons in the placement home, together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. Fingerprint cards The fingerprints shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center in accordance with Code Section 35-3-35. Following the submission of such fingerprint cards fingerprints, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. In the event that a child has been placed in exigent circumstances, a name based records search has been requested for any adult person of the placement household, and that adult refuses to provide fingerprints after being requested to do so by the department, the child shall be immediately removed from the placement household by the department, provided that the child is in the custody of the department. (h) The department shall be authorized to conduct a name or descriptor based check of any adult person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation without the consent of such adult person and without fingerprint comparison to the fullest extent permissible by federal and state law.
49-2-14.1. (a) As used in this Code section, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses:
(A) A violation of Code Section 16-5-1, relating to murder and felony murder;

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(B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31; (C) Community living arrangement subject to licensure under paragraph (16)(11) of subsection (b) and subsection (c) of Code Section 37-1-20 49-2-6; or (D)(B) Child welfare agency required to be licensed under Code Section 49-5-12. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate.

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(8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who:
(A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means two sets of classifiable fingerprints in such form and of such quality as prescribed by the Georgia Crime Information Center under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC both sets of the fingerprints and the records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit one set of the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record.

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(B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the The GCIC, the department, any law enforcement agency, nor and the employees of any such entities shall not be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the facility. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable.

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(e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of this title or Article 11 of Chapter 7 of Title 31. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section.
49-2-15. When any action is brought against the Department of Human Resources Services, the Board of Human Resources Services, the commissioner of human resources services, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for service of a second original process, issued from the court in which the action is filed, upon the commissioner of human resources services personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of process in such action shall not be perfected until such second original process has been served as provided in this Code section. The provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice.
49-2-16. (a) There is created a Georgia Council for Welfare Administration. The objectives for of the council shall be:
(1) To promote improvements in public welfare and social service programs of the Division of Family and Children Services within the Department of Human Resources Services; (2) To provide a forum for the interchange of information relating to welfare and social service programs; and (3) To promote with any organization exempt under Section 501(c)(4) of the United States Internal Revenue Code of 1986 a more efficient public welfare delivery system for the citizens of this state. (b) Membership in the council shall be open to persons actively employed in the Division of Family and Children Services within the Department of Human Resources Services. (c) No state funds shall be appropriated for the benefit or use of the council. (d) The council is authorized to adopt bylaws which prescribe its organizational structure, officers, terms and condition of office, meeting schedules, and such other organizational procedures as are necessary for its lawful and effective functioning. (e) The commissioner of human resources services hall call the initial meeting of the council at which time the council shall organize and select its officers.

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49-2-17. (a) This Code section shall be applicable to any agency, facility, institution, community living arrangement, or entity subject to regulation by the department under Chapter 5 of this title or paragraph (11) of subsection (b) of Code Section 49-2-6. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has:
(1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the

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prohibited acts, and the hazard or potential hazard created to the health or safety of the public. (d) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (e) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (f) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity 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 (c) of this Code section. (g) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (h) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (i) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (j) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception.

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(k) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (l) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (m) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section.
49-2-18. (a)(1) The commissioner may order the emergency relocation of patients or residents from a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when the commissioner has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate community living arrangement; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)(1) The commissioner may order the emergency placement of a monitor in a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when one or more of the following conditions are present: (A) The community living arrangement is operating without a license; (B) The department has denied application for a license or has initiated action to revoke the existing license of the community living arrangement; (C) The community living arrangement is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the community living arrangement. (2) A monitor may be placed, pursuant to this subsection, in a community living arrangement for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the community living arrangement. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the community living arrangement nor shall the monitor be liable for any actions of the community living arrangement. The costs of placing a monitor in a community living arrangement shall be paid by the community living arrangement unless the order

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placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c)(1) The commissioner may order the emergency prohibition of admissions to a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when the community living arrangement has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation:
(A) Could jeopardize the health and safety of the residents or patients in the community living arrangement if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to a community living arrangement may be suspended until the violation has been corrected or until the department has determined that the community living arrangement has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any community living arrangement affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall thereupon become void and of no effect. If at the preliminary hearing the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner.
ARTICLE 2
49-2-20. As used in this article, the term:
(1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a residential child care licensing law. (2) 'Residential child care licensing law' means this chapter and Chapter 5 of this title and any rule or regulation duly promulgated thereunder.

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49-2-21. The commissioner or the commissioner's designee, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this article. Such warrant shall authorize the commissioner or the commissioner's designee to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated pursuant to a residential child care licensing law.
49-2-22. (a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when the judge is satisfied that the following conditions are met:
(1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this article.
49-2-23. The inspection warrant shall be validly issued only if it meets the following requirements:
(1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced.
49-2-24. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this article shall be competent as evidence in any criminal proceeding against any party.

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49-2-25. The Department of Human Services is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of a residential child care licensing law as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs."
SECTION 2-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Human Services":
(1) Code Section 2-7-102, relating to grounds for denial, suspension, revocation, or modification of license, permit, or certification for use and application of pesticides; (2) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (3) Code Section 12-6-49.1, relating to denial or suspension of license for noncompliance with child support order; (4) Code Section 15-11-8, relating to expenses charged to county and payment by parents on court order; (5) Code Section 15-11-14, relating to emergency care and supervision of a child by the Department of Human Resources; (6) Code Section 15-11-15, relating to detainment of child in temporary protective custody of a physician; (7) Code Section 15-11-19, relating to the establishment of the Council of Juvenile Court Judges; (8) Code Section 15-11-55, relating to disposition of a deprived child; (9) Code Section 15-11-58, relating to reasonable efforts regarding reunification of family; (10) Code Section 15-11-71, relating to supervision fees for juvenile courts; (11) Code Section 15-11-103, relating to placement of a child following a termination order; (12) Code Section 15-11-171, relating to definitions relative to the "Georgia Child Advocate for the Protection of Children Act"; (13) Code Section 15-11A-4, relating to appointment of personnel to the Family Court Division of the Superior Court of Fulton County; (14) Code Section 15-18-14, relating to appointment of prosecuting attorneys; (15) Code Section 18-4-131, relating to definitions relative to continuing garnishment for family support;

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(16) Code Section 19-6-15, relating to child support in final verdict or decree; (17) Code Section 19-6-31, relating to definitions relative to income deduction orders; (18) Code Section 19-6-33.1, relating to the family support registry; (19) Code Section 19-6-51, relating to members of the Georgia Child Support Commission; (20) Code Section 19-7-5, relating to reporting of child abuse; (21) Code Section 19-7-6, relating to reporting of juvenile drug use; (22) Code Section 19-7-22, relating to petitions for legitimation of child; (23) Code Section 19-7-40, relating to jurisdiction and administrative determination of paternity; (24) Code Section 19-7-43, relating to petitions to establish paternity of a child; (25) Code Section 19-7-52, relating to whom support payments may be made; (26) Code Section 19-7-54, relating to motions to set aside determination of paternity; (27) Code Section 19-8-1, relating to definitions relative to adoption; (28) Code Section 19-8-5, relating to surrender or termination of parental or guardian's rights where child to be adopted by a third party; (29) Code Section 19-8-23, relating to where records of adoption are kept; (30) Code Section 19-8-26, relating to how surrender of parental rights is executed; (31) Code Section 19-9-122, relating to delegation of authority for the care of a minor child; (32) Code Section 19-9-129, relating to the power of attorney form for the care of a minor child; (33) Code Section 19-10A-5, relating to investigating and reporting utilization of provisions under the "Safe Place for Newborns Act of 2002"; (34) Code Section 19-10A-6, relating to reimbursement of medical costs under the "Safe Place for Newborns Act of 2002"; (35) Code Section 19-11-3, relating to definitions relative to the "Child Support Recovery Act"; (36) Code Section 19-11-9.1, relating to duty to furnish information about obligor to the Department of Human Resources; (37) Code Section 19-11-9.2, relating to duty of employers to report hiring or rehiring of persons; (38) Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order; (39) Code Section 19-11-18, relating to collection procedures for child support payments in arrears; (40) Code Section 19-11-30.1, relating to the computer based registry for financial institutions with regard to the "Child Support Recovery Act"; (41) Code Section 19-11-30.2, relating to definitions relative to the computer based registry for financial institutions with regard to the "Child Support Recovery Act";

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(42) Code Section 19-11-30.3, relating to the responsibility of the Department of Human Resources Bank Match Registry; (43) Code Section 19-11-58, relating to the Department of Human Resources designated as the state information agency under the "Uniform Reciprocal Enforcement of Support Act"; (44) Code Section 19-11-102, relating to designated tribunals under the "Uniform Interstate Family Support Act"; (45) Code Section 19-11-110, relating to jurisdiction under the "Uniform Interstate Family Support Act"; (46) Code Section 19-11-127, relating to authority of district attorney to represent the Department of Human Resources in a proceeding under the "Uniform Interstate Family Support Act"; (47) Code Section 19-11-129, relating to the Department of Human Resources as the state information agency under the "Uniform Interstate Family Support Act"; (48) Code Section 19-13-20, relating to definitions relative to family violence shelters; (49) Code Section 19-15-2, relating to child abuse protocol committees; (50) Code Section 19-15-3, relating to county multiagency child fatality review committees; (51) Code Section 20-1A-60, relating to definitions relative to the Georgia Child Care Council; (52) Code Section 20-2-133, relating to free public instruction for children in elementary and secondary education; (53) Code Section 20-2-250, relating to projects to improve effectiveness in elementary and secondary education; (54) Code Section 20-2-696, relating to duties of visiting teachers and attendance officers; (55) Code Section 20-3-660, relating to creation of a program of postsecondary grants for foster children and adopted children; (56) Code Section 29-4-2, relating to qualifications of guardians selected for adults; (57) Code Section 29-4-3, relating to order of preference in selection of guardians; (58) Code Section 29-9-10, relating to oath by a duly appointed delegate of the Department of Human Resources; (59) Code Section 29-10-3, relating to qualifications and requirements of public guardians; (60) Code Section 29-10-4, relating to registration of public guardians with the probate court; (61) Code Section 29-10-10, relating to compensation of public guardians; (62) Code Section 29-10-11, relating to appropriation of funds for compensation of public guardians in certain circumstances; (63) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (64) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind;

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(65) Code Section 30-5-3, relating to definitions relative to the "Disabled Adults and Elder Persons Protection Act"' (66) Code Section 30-5-10, relating to cooperative effort in development of programs relating to the abuse and exploitation of persons 65 years of age or older; (67) Code Section 31-7-282, relating to collection and submission of health care data; (68) Code Section 31-8-52, relating to the establishment of a long-term care ombudsman program; (69) Code Section 31-8-82, relating to reporting of abuse or exploitation of a resident of a long-term care facility; (70) Code Section 31-8-116, relating to involuntary transfer of residents discharged from a long-term care facility; (71) Code Section 31-8-192, relating to definitions relative to the "'Health Share' Volunteers in Medicine Act"; (72) Code Section 31-10-9.1, relating to social security account information of parents with respect to vital records; (73) Code Section 34-8-199, relating to uncollected overissuance of food stamp coupons; (74) Code Section 39-4-1, relating to the definition of "appropriate public authority" with respect to the Interstate Compact on the Placement of Children; (75) Code Section 39-4-2, relating to the definition of "appropriate authority in the receiving state" with respect to the Interstate Compact on the Placement of Children; (76) Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees; (77) Code Section 40-5-25, relating to applications for instruction permits and drivers' licenses; (78) Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order; (79) Code Section 42-9-58, relating to effect of state pardons and paroles laws on other laws respecting parole and probation; (80) Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses by a professional licensing board; (81) Code Section 43-27-5, relating to general powers and duties of the State Board of Nursing Home Administrators; (82) Code Section 45-9-4, relating to the commissioner of administrative services to purchase insurance or indemnity contracts; (83) Code Section 45-13-22, relating to distribution of Georgia Laws and journals of the House of Representatives and Senate; (84) Code Section 46-4-152, relating to definitions relative to the "Natural Gas Competition and Deregulation Act"; (85) Code Section 46-4-158.3, relating to adequate and accurate consumer information disclosure statements; (86) Code Section 48-7-29.15, relating to a tax credit for the adoption of a foster child;

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(87) Code Section 49-3-1, relating to establishment of county and district departments, boards, and directors; (88) Code Section 49-3-3, relating to appointment of county director; bond of county director; (89) Code Section 49-3-4, relating to appointment of staff, salaries, and power of the commissioner of human resources to transfer employees; (90) Code Section 49-3-6, relating to functions of county departments of family and children services; (91) Code Section 49-4-2, relating to definitions relative to public assistance; (92) Code Section 49-4-3, relating to establishment of categories of public assistance; (93) Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in determining eligibility for public assistance; (94) Code Section 49-4-8, relating to applications for public assistance; (95) Code Section 49-4-9, relating to investigation and record concerning application for public assistance; (96) Code Section 49-4-14, relating to regulations as to records relating to public assistance; (97) Code Section 49-4-36, relating to payment of assistance for needy individuals who are 65 years of age or older after recipient moves to another county; (98) Code Section 49-4-54, relating to duties of county departments under the "Aid to the Blind Act"; (99) Code Section 49-4-56, relating to reexamination of recipient's eyesight under the "Aid to the Blind Act"; (100) Code Section 49-4-60, relating to payment of assistance for needy blind individuals after recipient moves to another county; (101) Code Section 49-4-85, relating to payment of assistance for needy individuals who are totally and permanently disabled after recipient moves to another county; (102) Code Section 49-4-153, relating to administrative hearings and appeals under Medicaid; (103) Code Section 49-4-162, relating to the establishment of the Georgia Qualified Long-term Care Partnership Program; (104) Code Section 49-4-171, relating to a hearing on the petition for a personal representative to manage assistance payments; (105) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families; (106) Code Section 49-4-183, relating to administration of the temporary assistance for needy families program by the Department of Human Resources; (107) Code Section 49-4-190, relating to construction of the laws relating to the temporary assistance for needy families program; (108) Code Section 49-5-4, relating to the coordination of other state departments, agencies, officers, and employees for children and youth services; (109) Code Section 49-5-7, relating to development and administration of public child welfare and youth services;

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(110) Code Section 49-5-8, relating to powers and duties of the Department of Human Resources with respect to programs and protection for children and youth; (111) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; (112) Code Section 49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records; (113) Code Section 49-5-41.1, relating to inspection and retention of records of juvenile drug use; (114) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (115) Code Section 49-5-130, relating to legislative findings and intent relative to the Governor's Office for Children and Families; (116) Code Section 49-5-154, relating to study of youth needs for delinquency prevention and community based services; (117) Code Section 49-5-180, relating to definitions relative to a central child abuse registry; (118) Code Section 49-5-281, relating to the bill of rights for foster parents; (119) Code Section 49-6-20, relating to the creation of the Council on Aging; (120) Code Section 49-6-60, relating to legislative intent for community care and services for the elderly; (121) Code Section 49-6-61, relating to definitions relative to community care and services for the elderly; (122) Code Section 49-6-72, relating to definitions relative to the "Georgia Family Caregiver Support Act"; (123) Code Section 49-6-81, relating to the legislative intent of the "Adult Day Center for Aging Adults Licensure Act"; (124) Code Section 49-6-82, relating to definitions relative to the "Adult Day Center for Aging Adults Licensure Act"; (125) Code Section 50-5-136, relating to the powers and authority of the State Use Council; and (126) Code Section 50-27-55, relating to setoff of debt collection against lottery prizes applicable to prizes of $5,000.00 or more.
SECTION 2-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "Board of Human Services":
(1) Code Section 9-10-152, relating to grounds for continuance in any case pending in the courts of this state for attendance by a board member at meeting of Board of Human Resources; (2) Code Section 17-8-30, relating to grounds for granting of continuances in any case pending in the courts of this state for party or party's counsel in attendance as a board member at meeting of Board of Human Resources;

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(3) Code Section 19-11-5, relating to debt to state created by payment of public assistance under the "Child Support Recovery Act"; (4) Code Section 19-15-4, relating to the Georgia Child Fatality Review Panel; (5) Code Section 30-5-6, relating to cooperation of other public agencies with the director of the Division of Aging Services of the Department of Human Resources under the "Disabled Adults and Elder Persons Protection Act"; (6) Code Section 43-27-2, relating to creation of the State Board of Nursing Home Administrators; (7) Code Section 45-10-40, relating to prohibitions on contracting with state institutions; (8) Code Section 45-10-41, relating to penalty for profiting from contracts with state institutions generally; (9) Code Section 49-3-6, relating to functions of county departments of family and children services; (10) Code Section 49-4-11, relating to award and payment of public assistance to needy persons; (11) Code Section 49-4-12, relating to periodic redetermination of public assistance awards; (12) Code Section 49-4-54, relating to duties of county departments under the "Aid to the Blind Act"; (13) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families; (14) Code Section 49-4-183, relating to administration of the temporary assistance for needy families program by the Department of Human Resources; (15) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; and (16) Code Section 49-6-62, relating to the establishment of community care unit in the Division of Aging Services of the Department of Human Resources.
SECTION 2-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of human services":
(1) Code Section 19-8-16, relating to investigation by child-placing agency or other agent with respect to adoption; (2) Code Section 19-8-23, relating to where records of adoption are kept; (3) Code Section 19-11-9, relating to location of absent parents by the Department of Human Resources with respect to the "Child Support Recovery Act"; (4) Code Section 19-11-11, relating to issuance of subpoenas by the Department of Human Resources with respect to the "Child Support Recovery Act"; (5) Code Section 19-11-18, relating to collection procedures with respect to the "Child Support Recovery Act";

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(6) Code Section 19-11-30.6, relating to reciprocal agreements with other states with respect to the "Child Support Recovery Act"; (7) Code Section 19-11-30.7, relating to construction of the "Child Support Recovery Act"; (8) Code Section 19-11-30.8, relating to annual reports with respect to the "Child Support Recovery Act"; (9) Code Section 19-11-30.9, relating to information subject to disclosure with respect to the "Child Support Recovery Act"; (10) Code Section 19-11-30.11, relating to fee on levied accounts with respect to the "Child Support Recovery Act"; (11) Code Section 20-1A-61, relating to the members of the Child Care Council; (12) Code Section 28-5-60, relating to creation of the Claims Advisory Board; (13) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (14) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind; (15) Code Section 31-8-53, relating to duties of the state long-term care ombudsman; (16) Code Section 43-27-2, relating to creation of the State Board of Nursing Home Administrators; (17) Code Section 45-7-7, relating to compensation and allowances of certain public officials not to be changed without giving public notice; (18) Code Section 45-9-4, relating to commissioner of administrative services to purchase insurance or indemnity contracts insuring or indemnifying state officers, officials, or employees against personal liability; (19) Code Section 49-3-3, relating to appointment of the director of each county board of family and children services; (20) Code Section 49-3-4, relating to appointment of the staff of each county board of family and children services; (21) Code Section 49-4-15.1, relating to examination of financial records in instances of alleged fraud by recipients of food stamps and public assistance; (22) Code Section 49-4A-3, relating to the creation of the Department of Juvenile Justice; (23) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (24) Code Section 49-8-3, relating to definitions relative to "The Economic Rehabilitation Act of 1975"; (25) Code Section 49-8-4, relating to administration of "The Economic Rehabilitation Act of 1975"; (26) Code Section 50-5-69, relating to state purchases without competitive bidding; and (27) Code Section 50-5-135, relating to the creation of the State Use Council.

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SECTION 2-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Office of Aging" or "Office of Aging Section" wherever it occurs with "Division of Aging Services":
(1) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (2) Code Section 49-6-5, relating to the creation of the Office of Aging Section within the Department of Human Resources; and (3) Code Section 49-6-20, relating to the creation of the Council on Aging.
SECTION 2-6. Code Section 10-1-395 of the Official Code of Georgia Annotated, relating to the appointment and duties of the administrator and the creation of the Consumer Advisory Board, is amended by revising subsection (a) as follows:
"(a) The administrator shall be appointed by the Governor and shall serve at his pleasure. The office of the administrator shall be attached to the office of the Governor for administrative purposes only. The administrator shall perform all functions formerly performed by the Consumer Services Unit of the Division of Special Programs of the Department of Human Resources (now known as the Department of Human Services)."
SECTION 2-7. Code Section 15-11-63 of the Official Code of Georgia Annotated, relating to commitment of child 13 to 17 years of age to custody of Department of Corrections, is amended by revising paragraph (2) of subsection (e) as follows:
"(2) During the placement or any extension thereof: (A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the child shall not be released from intensive supervision without the written approval of the commissioner of juvenile justice or such commissioner's designated deputy; (B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Resources Services, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Public and Behavioral Health;

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(C) The child shall not be discharged from the custody of the Department of Juvenile Justice unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and (D) Unless otherwise specified in the order, the Department of Juvenile Justice shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the child; and"
SECTION 2-8. Code Section 19-13-32 of the Official Code of Georgia Annotated, relating to the membership, terms, filling of vacancies, and officers of the State Commission on Family Violence, is amended by revising paragraph (1) of subsection (a) as follows:
"(1) Three ex officio members shall be the director of the Division of Family and Children Services of the Department of Human Services, the director of Women's Health Services in the division of public health the Division of Public Health of the Department of Human Resources Public and Behavioral Health, and the Attorney General;"
SECTION 2-9. Code Section 19-13-35 of the Official Code of Georgia Annotated, relating to automatic termination provisions of the State Commission on Family Violence, is repealed in its entirety.
SECTION 2-10. Code Section 19-15-1 of the Official Code of Georgia Annotated, relating to definitions relative to child abuse, is amended by revising paragraph (4) as follows:
"(4) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, school teacher, school administrator, or school counselor or who is employed to render services to children by the Department of Public and Behavioral Health or the Department of Human Resources Services or any county board of health or county department of family and children services."
SECTION 2-11. Code Section 20-1A-3 of the Official Code of Georgia Annotated, relating to the commissioner and board of the Department of Early Care and Learning, is amended by revising subsection (d) as follows:
"(d) The board shall determine policies and promulgate rules and regulations for the operation of the department including:
(1) Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; (2) Functions transferred to the department from the Department of Human Resources (now known as the Department of Human Services) relating to day-care centers, group day-care homes, family day-care homes, and other functions as agreed

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upon by the department and the Department of Human Resources (now known as the Department of Human Services) in accordance with Code Section 20-1A-8; (3) Functions transferred to the department from the Georgia Child Care Council pursuant to Code Section 20-1A-63; and (4) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17."
SECTION 2-12. Code Section 20-1A-4 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Early Care and Learning, is amended by revising paragraph (8) as follows:
"(8) To perform any other functions as agreed upon between the department and the Department of Human Resources (now known as the Department of Human Services), pursuant to Code Section 20-1A-8;"
SECTION 2-13. Code Section 20-1A-8 of the Official Code of Georgia Annotated, relating to the transfer of functions, powers, personnel, equipment, and assets from Department of Human Resources to the Department of Early Care and Learning, is amended by revising subsections (a) and (b) as follows:
"(a) Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources (now known as the Department of Human Services) for the regulation and licensure of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (b) Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 20-1A-63, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Georgia Child Care Council or the Department of Human Resources, (now known as the Department of Human Services)

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which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004."
SECTION 2-14. Code Section 20-1A-9 of the Official Code of Georgia Annotated, relating to the authority to license and regulate day-care centers, group day-care homes, and family daycare homes transferred to the Department of Early Care and Learning, is amended as follows:
"20-1A-9. The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers, group day-care homes, and family day-care homes, including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources (now known as the Department of Human Services), the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board."
SECTION 2-15. Code Section 24-9-101, of the Official Code of Georgia Annotated, relating to definitions relative to use of sign language and intermediary interpreter in administrative and judicial proceedings, is amended by revising paragraph (2) as follows:
"(2) 'Department' means the Department of Human Resources Labor."
SECTION 2-16. Chapter 4 of Title 31 of the Official Code of Georgia Annotated, relating to the Council on Maternal and Infant Health, is repealed in its entirety and reserved.
SECTION 2-17. Code Section 31-8-51 of the Official Code of Georgia Annotated, relating to definitions relative to the long-term care ombudsman, is amended by adding a new paragraph to read as follows:
"(1.1) 'Department' means the Department of Human Services."
SECTION 2-18. Code Section 31-8-60 of the Official Code of Georgia Annotated, relating to retaliation against a resident of a long-term care facility and prohibition against interference with the ombudsman, is amended as follows:
"31-8-60.

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No person shall discriminate or retaliate in any manner against any resident or relative or guardian of a resident, any employee of a long-term care facility, or any other person because of the making of a complaint or providing of information in good faith to the state ombudsman or community ombudsman. No person shall willfully interfere with the state ombudsman or community ombudsman in the performance of his or her official duties. Code Sections 31-2-6 49-2-17 and 31-5-8 shall apply fully to any violation of this article."
SECTION 2-19. Code Section 31-8-81 of the Official Code of Georgia Annotated, relating to definitions relative to reporting abuse or exploitation of residents in long-term care facilities, is amended by adding a new paragraph to read as follows:
"(1.1) 'Department' means the Department of Human Services."
SECTION 2-20. Code Section 34-15-2 of the Official Code of Georgia Annotated, relating to the July 2001 transfer of the Division of Rehabilitation Services to the Department of Labor, is amended by revising subsection (a) as follows:
"(a) The Division of Rehabilitation Services within the Department of Human Resources (now known as the Department of Human Services), including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, is transferred to the Department of Labor on July 1, 2001, and that division shall become the Division of Rehabilitation Services of the Department of Labor on July 1, 2001. The functions, duties, programs, institutions, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2001, are vested in the Department of Labor effective July 1, 2001. The division shall be administered by a director appointed by the Commissioner. The policy-making functions which were vested in the Board of Human Resources (now known as the Board of Human Services) or the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner of Labor effective July 1, 2001."
SECTION 2-21. Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, is amended by revising paragraphs (14) and (33) of subsection (o) as follows:
"(14) A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources Services to address the key needs of the state's older population or a nonprofit corporation organized to serve the needs of the state's older population." "(33) A special license plate supporting programs for the treatment of autism. The funds raised by the sale of this special license plate shall be disbursed to the

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Department of Human Resources Services for the support of programs for the treatment of autism in Georgia."
SECTION 2-22. Code Section 43-26-51 of the Official Code of Georgia Annotated, relating to the purpose of the "Georgia Qualified Medication Aide Act," is amended as follows:
"43-26-51. The purpose of this article is to protect, promote, and preserve the public health, safety, and welfare through the delegation of certain activities performed by registered professional nurses and licensed practical nurses to persons who are certified as qualified medication aides and who are employed by and working in community living arrangements established by the Department of Human Resources Services pursuant to paragraphs (15) and (16) paragraph (11) of subsection (b) of Code Section 37-1-20 492-6."
SECTION 2-23. Code Section 43-26-52 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Qualified Medication Aide Act," is amended by revising paragraph (3) as follows:
"(3) 'Community living arrangement' means any residence, whether operated for profit or not for profit, which undertakes through its ownership or management to provide or arrange for the provision of daily personal services, support, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage which is established by the Department of Human Resources Services pursuant to paragraph (16) (11) of subsection (b) of Code Section 37-1-20 492-6 and whose services are financially supported, in whole or part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Human Services. A community living arrangement is also referred to as a 'residence.'"
SECTION 2-24. Code Section 45-20-90 of the Official Code of Georgia Annotated, relating to definitions relative to random drug testing of public employees in high-risk jobs, is amended by revising paragraph (2) as follows:
"(2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources State Personnel Board."
SECTION 2-25. Code Section 46-1-5 of the Official Code of Georgia Annotated, relating to duties of the Department of Human Resources with regard to assistance to low or fixed income consumers of gas and electric service, is amended as follows:

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"46-1-5. By March 2, 1982, the Department of Human Resources (now known as the Department of Human Services) shall develop a program to identify those low or fixed income consumers of gas and electric utility service who, in the department's opinion, should benefit from public assistance in paying their bills for gas and electric service. The department shall also establish an efficient and economical method for distributing to such consumers all public assistance funds which will be made available, whether by appropriations of state or federal funds, grants, or otherwise. All gas and electric utilities shall cooperate fully with the department in developing and implementing its program. Nothing in this Code section shall limit the commission's authority to order regulatory alternatives which assist low or fixed income ratepayers."
SECTION 2-26. Code Section 49-4-154 of the Official Code of Georgia Annotated, relating to powers and duties retained by the Department of Human Resources with respect to Medicaid, is amended as follows:
"49-4-154. (a) The status, position, and rights of persons transferred from the Department of Human Resources (now known as the Department of Human Services) to the Department of Medical Assistance pursuant to Ga. L. 1977, p. 384 shall not be affected by the transfer, in and of itself; and such persons shall retain, inter alia, all rights of rank or grade; rights to vacation, sick pay, and leave; rights under any retirement plan; and any other rights under any law or administrative policy. (b) The Department of Human Resources (now known as the Department of Human Services) shall retain, in accordance with terms of the state plan, the functions, and all tangible things and employees relating thereto, of:
(1) Establishing and maintaining certain standards for certain institutions and agencies seeking to become or remain providers and shall finally determine and certify whether such institutions and agencies meet such standards; (2) Determining and certifying the eligibility of certain applicants for and recipients of medical assistance; and (3) Prescribing regulations to require that applicants for medical assistance be given clear and easily understandable notice that all books, papers, records, and memoranda of the provider relating to the provision of medical assistance to the applicant will be made available, upon request, to the commissioner of medical assistance or his representative and that, by accepting medical assistance, the applicant thereby consents to the providing of such books, papers, records, and memoranda to the commissioner of medical assistance or his representative."
SECTION 2-27. Code Section 49-4-155 of the Official Code of Georgia Annotated, relating to the Department of Community Health succeeding to existing rules, regulations, policies, procedures, and administrative orders with respect to Medicaid, is amended as follows:

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"49-4-155. The Department of Community Health shall succeed to all the rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources (now known as the Department of Human Services) transferred to the Department of Medical Assistance pursuant to the previously existing provisions of this Code section and that are in effect on June 30, 1999, and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources (now known as the Department of Human Services) that are in effect on June 30, 1999, to which the Department of Medical Assistance succeeded pursuant to the previously existing provisions of Code Section 49-4-156."
SECTION 2-28. Code Section 49-4A-5 of the Official Code of Georgia Annotated, relating to transfer of functions and employees of the Division of Youth Services, is amended by revising subsection (b) as follows:
"(b) Any employees of the Department of Juvenile Justice who became so employed by virtue of their transfer from the Division of Youth Services of the Department of Human Resources (now known as the Department of Human Services) on June 30, 1992, shall retain their compensation and benefits and such may not be reduced. Transferred employees who were subject to the State Merit System of Personnel Administration 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 July 1, 1992, 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, 1992. Accrued annual and sick leave possessed by said employees on June 30, 1992, shall be retained by said employees as employees of the department."
SECTION 2-29. Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions relative to employees' record checks for day-care centers, is amended by revising paragraph (1) as follows:
"(1) 'Center' means a child-caring institution or child-placing agency child welfare agency, as defined in subsection (a) of Code Section 49-5-12, which is required to be licensed or registered under Article 1 of this chapter."
SECTION 2-30. Code Section 49-5-69.1 of the Official Code of Georgia Annotated, relating to fingerprint and preliminary records check for foster homes, is amended as follows:
"49-5-69.1. (a) No licensed child-placing agency child welfare agency, as defined in this chapter subsection (a) of Code Section 49-5-12, shall place a child in a foster care home unless

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the foster parent or parents of the home and other adult persons that reside in the home or provide care to children placed in the home have received a satisfactory preliminary records check determination. Additionally, no child shall continue to be placed in such foster care home unless the foster parent or parents also subsequently receive a satisfactory fingerprint records check determination. A child-placing agency child welfare agency or any applicant for a license for such an agency shall be required to submit to the department a preliminary records check application and a records check application for the foster parent or parents of any foster care home used by the agency and a preliminary records check application for any other adult persons that reside in the home or provide care to children placed in the home. In lieu of such applications, the agency or license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months such foster parent or parents or other adult persons have received a satisfactory fingerprint records check determination or a satisfactory preliminary records check determination. (b) After receiving or obtaining the fingerprint records check determinations or the preliminary records check determinations, the department shall notify in writing the agency or license applicant as to each person for whom an application was received regarding whether the department's determinations were satisfactory or unsatisfactory. If any such determinations are unsatisfactory, such homes shall not be used by the child-placing agency child welfare agency as foster care homes. (c) The department shall have the authority to take any of the actions enumerated in subsection (c) of Code Section 31-2-6 49-2-17 if a licensed child-placing agency child welfare agency or an applicant for such a license violates any provision of this Code section. (d) An executive director of a child-placing agency child welfare agency that uses a foster care home with a foster parent or parents or other adult persons referenced in this Code section whom the executive director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor. (e) In addition to any other requirement established by law, the submission of fingerprints shall be a prerequisite to the issuance of a license or authorization for the operation of a foster home or to serve as foster parents as provided in this article. Such fingerprints shall be used for the purposes of fingerprint checks by the Georgia Crime Information Center and the Federal Bureau of Investigation."
SECTION 2-31. Code Section 49-6-84 of the Official Code of Georgia Annotated, relating to the authority of the Department of Human Resources to promulgate rules and regulations under the "Adult Day Center for Aging Adults Licensure Act," is amended as follows:
"49-6-84. The department is authorized to promulgate rules and regulations to implement this article utilizing the public rule-making process to elicit input from consumers, providers, and advocates. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as

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provided in Code Section 31-2-6 49-2-17. All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 2-32. Code Section 50-5-136 of the Official Code of Georgia Annotated, relating to the powers and authority of the State Use Council, is amended by revising paragraph (4) of subsection (b) as follows:
"(4) To oversee and assist in the development of guidelines for the certification of community based rehabilitation programs and training centers in the State of Georgia. The intent of these guidelines shall be to evaluate the qualifications and capabilities of community based rehabilitation programs and training centers interested in certification; to determine criteria for quality, efficiency, timeliness, and cost effectiveness in the production of goods, wares, merchandise, and services to be procured under the state use plan and purchased by the State of Georgia; and to establish a certification process which shall enable community based rehabilitation programs and training centers qualified under this process to compete in procurement activities provided for by this part. All community based rehabilitation programs and training centers which are certified by the commissioner of human resources (now known as the commissioner of human services) as of February 8, 1994, shall not have to undergo the certification evaluation and approval process until 24 months from February 8, 1994;"
PART III Department of Community Health.
SECTION 3-1. 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-5.1. (a) The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, relating to regulatory services are transferred to the Department of Community Health effective July 1, 2009. (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 subsection (a) of 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 subsection (a) of this Code section. Such rules, regulations, policies, procedures, and administrative orders shall remain in

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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 subsection (a) of 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 subsection (a) of 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 3-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Community Health":
(1) Code Section 15-21-142, relating to the establishment of the Brain and Spinal Injury Trust Fund Commission; (2) Code Section 26-4-172, relating to license requirements under the "Nuclear Pharmacy Law"; (3) Code Section 26-5-3, relating to definitions relative to the "Drug Abuse Treatment and Education Act"; (4) Code Section 31-7-133, relating to confidentiality of review organization's records; (5) Code Section 31-7-172, relating to definitions relative to hospice care;

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(6) Code Section 31-7-175, relating to the administration of the article of the "Georgia Hospice Law"; (7) Code Section 31-18-4, relating to the duties of the Brain and Spinal Injury Trust Fund Commission; (8) Code Section 31-22-2, relating to licenses to operate clinical laboratories; (9) Code Section 31-23-3, relating to hospitals or medical schools which may operate eye banks; (10) Code Section 31-24-4, relating to labeling of containers of blood under "The Blood Labeling Act"; (11) Code Section 33-29-3.2, relating to individual accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (12) Code Section 33-30-4.2, relating to group accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (13) Code Section 33-44-3, relating to the creation of the Georgia High Risk Health Insurance Plan; (14) Code Section 34-9-415, relating to testing under drug-free workplace programs; (15) Code Section 36-62-2, relating to definitions relative to the "Development Authorities Law"; (16) Code Section 42-1-12, relating to the state sexual offender registry; (17) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board; (18) Code Section 43-27-1, relating to definitions relative to nursing home administrators; (19) Code Section 49-4-152.3, relating to reuse of unit dosage drugs under Medicaid; and (20) Code Section 50-26-4, relating to definitions relative to the "Georgia Housing and Finance Authority Act."
SECTION 3-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "Board of Community Health":
(1) Code Section 31-7-304, relating to fees on private home care providers; and (2) Code Section 31-22-1, relating to definitions relative to clinical laboratories.
SECTION 3-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of community health":
(1) Code Section 31-7-176.1, relating to determination or pronouncement of death of a patient in hospice care; (2) Code Section 31-8-32, relating to determination of indigency for hospital care for nonresidents;

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(3) Code Section 31-8-43, relating to determination of indigency for hospital care for pregnant women; (4) Code Section 33-20B-3.1, relating to health maintenance organizations' expansion into rural areas; (5) Code Section 33-21-3, relating to grounds and procedure for issuance or denial of certificate of authority for a health maintenance organization; (6) Code Section 33-21-5, relating to suspension or revocation of certificate of authority for a health maintenance organization; (7) Code Section 33-21-15, relating to filing of annual reports by health maintenance organizations; (8) Code Section 33-21-17, relating to examinations of health maintenance organizations and providers; (9) Code Section 33-21-18, relating to adoption of rules and regulations generally relative to health maintenance organizations; (10) Code Section 33-21-20, relating to conduct of hearings generally relative to health maintenance organizations; (11) Code Section 33-21-21, relating to authority of commissioner of human resources to contract for making of recommendations required by health maintenance organizations laws; (12) Code Section 33-21-27, relating to enforcement of health maintenance organizations laws; and (13) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board.
SECTION 3-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-6" wherever it occurs with "Code Section 31-5A-10":
(1) Code Section 25-2-40, relating to smoke detectors required in new dwellings and dwelling units; (2) Code Section 31-7-2.1, relating to rules and regulations relative to regulation of hospitals and related institutions; (3) Code Section 31-7-302, relating to rules and regulations relative to private home care providers; (4) Code Section 31-11-9, relating to enforcement of emergency medical services laws; (5) Code Section 31-44-11, relating to the authority of the Department of Human Resources to deal with violations of renal disease facilities laws; and (6) Code Section 49-4-153 relating to administrative hearings and appeals under Medicaid.
SECTION 3-6. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions which are deemed unlawful, is amended by

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revising paragraphs (26) and (30) of subsection (b) as follows: "(26) With respect to any individual or facility providing personal care services: (A) Any person or entity not duly licensed or registered as a personal care home formally or informally offering, advertising to, or soliciting the public for residents or referrals; (B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, offering, advertising, or soliciting the public to provide services: (i) Which are outside the scope of personal care services; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home for services authorized by the Department of Human Resources Community Health under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4 315A-11; (C) For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services. The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources Community Health which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services;" "(30) With respect to any individual or facility providing home health services: (A) For any person or entity not duly licensed by the Department of Human Resources Community Health as a home health agency to regularly hold itself out as a home health agency; or (B) For any person or entity not duly licensed by the Department of Human Resources Community Health as a home health agency to utilize the words 'home health' or 'home health services' in any manner including but not limited to advertisements, brochures, or letters. Unless otherwise prohibited by law, nothing in this subparagraph shall be construed to prohibit persons or entities from using the words 'home health' or 'home health services' in conjunction with the words 'equipment,' 'durable medical equipment,' 'pharmacy,' 'pharmaceutical services,' 'prescription medications,' 'infusion therapy,' or 'supplies' in any manner including but not limited to advertisements, brochures, or letters. An unlicensed person or entity may advertise under the category 'home health services' in any advertising publication which divides its advertisements into categories, provided that: (i) The advertisement is not placed in the category with the intent to mislead or deceive; (ii) The use of the advertisement in the category is not part of an unfair or deceptive practice; and (iii) The advertisement is not otherwise unfair, deceptive, or misleading. For purposes of this paragraph, the term 'home health agency' shall have the same definition as contained in Code Section 31-7-150, as now or hereafter amended. The

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provisions of this paragraph shall be enforced by the administrator in consultation with the Department of Human Resources Community Health; provided, however, that the administrator shall not have any responsibility for matters or functions related to the licensure of home health agencies;"
SECTION 3-7. Code Section 31-5A-4 of the Official Code of Georgia Annotated, relating to powers, duties, functions, and responsibilities of the Department of Community Health, is amended by revising paragraph (3) of subsection (d) as follows:
"(3) The Office of Women's Health shall have a full-time executive director appointed by the commissioner and shall be provided with staff personnel, office and meeting facilities, and other necessary items by the department. The council shall meet upon the call of its chairperson, the board, or the commissioner."
SECTION 3-8. Code Section 31-5A-4 of the Official Code of Georgia Annotated, relating to powers, duties, functions, and responsibilities of the Department of Community Health, is amended by revising subsection (f) as follows:
"(f) In addition to its other powers, duties, and functions, the department: (1) Shall be the lead agency in coordinating and purchasing health care benefit plans for state and public employees, dependents, and retirees and may also coordinate with the board of regents for the purchase and administration of such health care benefit plans for its members, employees, dependents, and retirees; (2) Is authorized to plan and coordinate medical education and physician workforce issues; (3) Is authorized to convene at least quarterly a state agency coordinating committee comprised of the commissioners, directors, chairpersons, or their designees, of the following agencies involved in health related activities: the Department of Human Resources, including the Division of Public Health, the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, and the Division of Aging Services thereof, the Department of Juvenile Justice, the Department of Corrections, the Insurance Department, the State Merit System of Personnel Administration, the State Board of Workers' Compensation, and the Governor's Office of Planning and Budget. The board of regents may also designate a person to serve on the coordinating committee. The committee will convene for the purposes of planning and coordinating health issues that have interagency considerations. The commissioner of the department will serve as the chairperson of the state agency coordinating committee and will report to the Governor the activities, findings, and recommendations of the committee; (4) Shall investigate the lack of availability of health insurance coverage and the issues associated with the uninsured population of this state. In particular, the department is authorized to investigate the feasibility of creating and administering

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insurance programs for small businesses and political subdivisions of the state and to propose cost-effective solutions to reducing the numbers of uninsured in this state; (5) Shall study and recommend any additional functions needed to carry out the purposes of the department, including the creation of a consumer medical advocate. Such recommendations shall be made to the Governor and General Assembly by December 31, 1999; (6)(4) Is authorized to appoint a health care work force policy advisory committee to oversee and coordinate work force planning activities; (7)(5) Is authorized to solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes; and (8)(6) Is authorized to award grants, as funds are available, to hospital authorities and hospitals for public health purposes, pursuant to Code Sections 31-7-94 and 31-794.1; and (7) Shall make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for such purposes the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budget required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited."
SECTION 3-9. Chapter 5A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by adding new Code sections to read as follows:
"31-5A-9. (a) As used in this Code section, the term:

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(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses:
(A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; or (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30.

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(7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who:
(A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means fingerprints 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 and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record

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and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the facility. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any

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such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of Title 49 or Article 11 of Chapter 7 of this title. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section.
31-5A-10. (a) This Code section shall be applicable to any agency, center, facility, institution, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 22, 23, and 44 of this title; Chapter 5 of Title 26; and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has:
(1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license;

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(6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity, except that no fine may be imposed against any nursing facility, nursing home, or intermediate care facility which is subject to intermediate sanctions under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, whether or not those sanctions are actually imposed; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public. (d)(1) With respect to any facility classified as a nursing facility, nursing home, or intermediate care home, the department may not take an action to fine or restrict the license of any such facility based on the same act, occurrence, or omission for which:
(A) The facility has received an intermediate sanction under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, or 42 U.S.C. Section 1395i-3(h)(2)(B); or (B) Such facility has been served formal notice of intent to take such a sanction which the department based on administrative review or any other appropriate body based on administrative or judicial review determines not to impose; provided, however, that nothing in this subsection shall prohibit the department from utilizing the provisions authorized under subsection (f) of this Code section. (2) When any civil monetary penalty is recommended and imposed against such facility, and the department does not resurvey the facility within 48 hours after the date by which all items on a plan of correction submitted by the facility are to be completed, the accrual of any resulting civil monetary penalties shall be suspended until the facility is resurveyed by the department. (3) If the department resurveys such facility beyond 48 hours after the final date for completion of all items on the plan of correction submitted by the facility, and the facility is not in substantial compliance with the applicable standards, any civil monetary penalties imposed shall relate back to the date on which such penalties were suspended. (4) Notwithstanding the provisions of paragraphs (2) and (3) of this subsection, nothing contained in said paragraphs shall be construed as requiring the state survey agency to act in violation of applicable federal law, regulations, and guidelines. (e) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of

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the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (f) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein, and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (g) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity 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 (c) of this Code section. (h) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (i) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (j) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (k) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (l) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (m) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary

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grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (n) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section.
31-5A-11. (a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations shall be adapted to the purposes intended, within the purview of the powers and duties imposed upon the department. (b) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for facilities or entities regulated by the department as follows:
(1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of facilities may only be approved by the Board of Community Health and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of facilities shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or (5) Variances or waivers which affect only one facility in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. (c) The department may exempt classes of facilities from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of

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facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board."
SECTION 3-10. Code Section 31-6-21.1 of the Official Code of Georgia Annotated, relating to procedures for rule making by the Department of Community Health, is amended by adding a new subsection to the end of the Code section to read as follows:
"(j) This Code section shall apply only to rules adopted pursuant to this chapter."
SECTION 3-11. Code Section 31-7-2.2 of the Official Code of Georgia Annotated, relating to determination that patients or residents in an institution, community living arrangement, or treatment program are in danger, is amended as follows:
"31-7-2.2. (a)(1) The commissioner may order the emergency relocation of patients or residents from an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when the commissioner has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate institution, community living arrangement, or drug abuse treatment and education program; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)(1) The commissioner may order the emergency placement of a monitor in an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when one or more of the following conditions are present: (A) The institution, community living arrangement, or drug abuse treatment and education program is operating without a permit or a license; (B) The department has denied application for a permit or a license or has initiated action to revoke the existing permit or license of the institution, community living arrangement, or drug abuse treatment and education program; (C) The institution, community living arrangement, or drug abuse treatment and education program is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or

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(D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the institution, community living arrangement, or drug abuse treatment and education program. (2) A monitor may be placed, pursuant to this subsection, in an institution, community living arrangement, or drug abuse treatment and education program for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the institution, community living arrangement, or drug abuse treatment and education program. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the institution, community living arrangement, or drug abuse treatment and education program nor shall the monitor be liable for any actions of the institution, community living arrangement, or drug abuse treatment and education program. The costs of placing a monitor in an institution, community living arrangement, or drug abuse treatment and education program shall be paid by the institution, community living arrangement, or drug abuse treatment and education program unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c)(1) The commissioner may order the emergency prohibition of admissions to an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or program subject to licensure under Chapter 5 of Title 26 when an such institution, community living arrangement, or drug abuse treatment and education program has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation: (A) Could jeopardize the health and safety of the residents or patients in the institution, community living arrangement, or drug abuse treatment and education program if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to an institution, community living arrangement, or drug abuse treatment and education program may be suspended until the violation has been corrected or until the department has determined that the institution, community living arrangement, or drug abuse treatment and education program has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any institution, community living arrangement, or drug abuse treatment and education program affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall thereupon become void and

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of no effect. If at the preliminary hearing the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner."
SECTION 3-12. Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to regulation of personal care homes, is amended by revising paragraph (1) of subsection (a) as follows:
"(1) 'Personal care home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. This term shall not include host homes, as defined in paragraph (16)(12) of subsection (b) of Code Section 37-1-20 49-2-6."
SECTION 3-13. Code Section 31-8-2 of the Official Code of Georgia Annotated, relating to definitions relative to hospital care for the indigent generally, is amended by adding a new paragraph to read as follows:
"(0.5) 'Department' means the Department of Community Health."
SECTION 3-14. Code Section 31-8-31 of the Official Code of Georgia Annotated, relating to definitions relative to hospital care for nonresident indigents, is amended by adding a new paragraph to read as follows:
"(2.5) 'Department' means the Department of Community Health."
SECTION 3-15. Code Section 31-8-41 of the Official Code of Georgia Annotated, relating to definitions relative to hospital care for pregnant women, is amended by adding a new paragraph to read as follows:
"(1.1) 'Department' means the Department of Community Health."
SECTION 3-16. Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions relative to clinical laboratories, is amended by adding a new paragraph to read as follows:
"(2.1) 'Department' means the Department of Community Health."

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SECTION 3-17. Code Section 31-23-1 of the Official Code of Georgia Annotated, relating to definitions relative to eye banks, is amended by adding a new paragraph to read as follows:
"(0.5) 'Department' means the Department of Community Health."
SECTION 3-18. Code Section 31-24-2 of the Official Code of Georgia Annotated, relating to definitions relative to blood labeling, is amended by adding a new paragraph to read as follows:
"(1.1) 'Department' means the Department of Community Health."
SECTION 3-19. Code Section 31-44-1 of the Official Code of Georgia Annotated, relating to definitions relative to renal disease facilities, is amended by adding new paragraphs to read as follows:
"(0.1) 'Board' means the Board of Community Health." "(0.5) 'Department' means the Department of Community Health."
SECTION 3-20. Code Section 33-21-20.1 of the Official Code of Georgia Annotated, relating to regulation of health maintenance organizations by the commissioner of human resources, is amended as follows:
"33-21-20.1. On May 13, 2004, all health maintenance organizations meeting the requirements of subsection (b.1) of Code Section 33-21-3 shall not be subject to regulation by the commissioner of human resources (now known as the commissioner of community health for these purposes). Upon the Commissioner of Insurance's determination that a health maintenance organization no longer meets the requirements of subsection (b.1) of Code Section 33-21-3, the Commissioner shall immediately notify the commissioner of human resources community health; and such health maintenance organization shall be subject to regulation by the commissioner of human resources community health until such time as it again meets the requirements of subsection (b.1) of Code Section 33-21-3 as determined by the Commissioner of Insurance."
SECTION 3-21. Code Section 33-45-3 of the Official Code of Georgia Annotated, relating to certificates of authority required for operation of continuing care facilities, is amended as follows:
"33-45-3. Nothing in this title or chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the

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Department of Human Resources, the Department of Community Health, or any other regulatory body exercising authority over continuing care providers."

SECTION 3-22. Code Section 50-13-42 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Administrative Procedure Act," is amended by revising subsection (a) as follows:
"(a) In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Health Planning Review Board Certificate of Need Appeal Panel, or the Department of Community Health or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis."

PART IV Effective Date and Repealer.

SECTION 4-1. This Act shall become effective on July 1, 2009.

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:

E Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black N Brooks

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C

Y Manning Y Marin Y Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy

Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V

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E Bruce Y Bryant E 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
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton
Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon 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 147, nays 12.

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 10, 2009

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 516

Industrialized buildings; comply with local ordinances and resolutions; provisions (Substitute)(A&CA-Roberts-154th)

Modified Open Rule

None

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Modified Structured Rule

HB 93 HB 258 HB 262 HB 305 HB 310 HB 412 HB 555

Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization (Judy-Sims-119th) Driver's license; minor of disabled guardian; restricted learner's permit; provisions (Substitute)(MotV-Scott-153rd) Property; land covenants which prohibit certain xeriscape practices; prohibit (Substitute)(NR&E-Hill-21st) Insurance; group life policy coverage; remove participation requirement (Ins-Knox-24th) State-wide recycling program; expand; provisions (Substitute)(NR&EGardner-57th) Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize (Ins-Knox-24th) Charter schools; use of surplus property; revise certain provisions (Substitute)(Ed-Casas-103rd)

Structured Rule

HB 327 HB 483

Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate (Substitute)(ED&T-Carter-175th) Ad valorem tax; modernization and revisions of certain provisions; provide (Substitute)(W&M-Roberts-154th)

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 516. By Representatives Roberts of the 154th, England of the 108th, Burns of the 157th, Willard of the 49th, Sims of the 119th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized buildings shall be deemed to comply with local ordinances and resolutions without regard to whether the building was constructed on site or in a factory; to provide for the automatic approval for building or occupancy

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permits for residential industrialized buildings in residential subdivisions that meet all other criteria except for being an industrialized building or being built off site; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; 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 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized buildings shall be deemed to comply with local ordinances and resolutions without regard to whether the building was constructed on site or in a factory; to provide for the automatic approval for building permits or certificates of occupancy for residential industrialized buildings in residential subdivisions that meet all other criteria except for being an industrialized building or being built off site; to provide that local governments retain authority over certain matters; to provide that local governments shall not enact ordinances or resolutions that discriminate against industrialized buildings under certain circumstances; to provide that the Safety Fire Commissioner shall promulgate standards for pre-owned manufactured homes to protect the safety, health, and welfare of the inhabitants of pre-owned manufactured homes; to provide for an inspection process and fees; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; 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 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by revising paragraph (3) of Code Section 8-2-111, relating to definitions related to factory built buildings and dwelling units designed to be affixed to foundations or existing buildings, as follows:
"(3) 'Industrialized building' means any structure or component thereof which is designed and constructed in compliance with the state minimum standard codes and is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof."
SECTION 2. Said article is further amended in Code Section 8-2-111, relating to definitions related to factory built buildings and dwelling units designed to be affixed to foundations or existing buildings, by adding a new paragraph to read as follows:

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"(6.1) 'Residential industrialized building' means any dwelling unit designed and constructed in compliance with the Georgia State Minimum Standard One and Two Family Dwelling Code which is wholly or in substantial part, made, fabricated, formed, or assembled in a manufacturing facility. Any such structure shall not contain a permanent metal chassis and shall be affixed to a permanent load-bearing foundation. The term shall not include manufactured homes as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq."
SECTION 3. Said article is further amended by revising Code Section 8-2-112, relating to inspection and approval of industrialized buildings by the commissioner or local government, as follows:
"8-2-112. (a)(1) An industrialized building manufactured after the effective date of the rules adopted pursuant to Code Section 8-2-113 which is sold, offered for sale, or installed within this state must bear the insignia of approval issued by the commissioner. (2) This Code section shall not apply to industrialized buildings which are inspected and approved by a local government which has jurisdiction at the site of installation and which are inspected at the place of and during the time of manufacture in accordance with standards established by the commissioner. The cost of the inspection shall be borne by the manufacturer. The commissioner shall be notified of the installation of all such buildings in a manner as the commissioner shall prescribe by rule. (b)(1) All Notwithstanding any law to the contrary, all industrialized buildings bearing an insignia of approval issued by the commissioner pursuant to this part shall be held to comply with the requirements of all ordinances or regulations enacted by any local government which are applicable to the manufacture or installation of such buildings. The determination by the commissioner of the scope of such approval is final. Any ordinance or regulation currently in effect or enacted by a local government that treats industrialized buildings differently from buildings constructed on site shall be invalid and unenforceable. A building permit to site a residential industrialized building in a residential subdivision that is denied solely because the building is an industrialized building or is built off site shall be automatically deemed approved for the building permit and a certificate of occupancy shall be issued upon completion of construction and approval of the final inspection. (2) Those areas of authority belonging to the local government such as local land use and zoning requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, utility connections, and subdivision control, as well as the review and regulation of architectural and esthetic requirements, are specifically and entirely reserved thereto; provided, however, that in no instance shall the local government adopt any ordinance or resolution that has the effect, directly or indirectly, of prohibiting or discriminating

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against industrialized buildings in any area or zone where conventional site built buildings of the same use group are permitted. (2)(3) No industrialized building or component bearing an insignia of approval issued by the commissioner pursuant to this part shall be in any way modified prior to or during installation unless approval is first obtained from the commissioner. (3)(4) Industrialized buildings which have been inspected and approved by a local government agency shall not be modified prior to or during installation unless approval for the modification is first obtained from the local government agency. (c) The commissioner by rule shall establish a schedule of fees to pay the costs incurred for the work related to administration and enforcement of this Code section. (d) All rules and regulations promulgated by the commissioner under this part shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 4. Said article is further amended by adding a new part to read as follows:
"Part 3A
8-2-170. As used in this part, the term:
(1) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Install' means to construct a foundation system and placing or erecting a manufactured home on such foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured home and connecting multiple or expandable sections of such manufactured home. (3) 'Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (4) 'Pre-owned manufactured home' is any manufactured home that has been previously used as a residential dwelling.

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8-2-171. (a) On and after September 1, 2009, no pre-owned manufactured home that is relocated from its existing location to a new location may be occupied unless such pre-owned manufactured home has been inspected in accordance with this part, and a certificate of compliance has been issued for such pre-owned manufactured home. (b) The Commissioner shall be authorized to promulgate standards for pre-owned manufactured homes. (c) Such standards shall include, but shall not be limited to:
(1) Standards regarding the condition of the exterior, roof, and interior of the preowned manufactured home so as to ensure that the exterior and roof are in sound condition with no obvious defects; that the interior walls, ceiling, and flooring are in sound condition with no obvious defects; that each bedroom or sleeping area is equipped with at least one operable escape window; that each bathroom and kitchen without a window is equipped with an operable ventilation device; and that each bedroom, sleeping area, and kitchen is equipped with an operable, battery-powered smoke detector installed in accordance with the manufacturer's recommendations; and (2) Standards regarding the condition of the utilities so as to ensure that the preowned manufactured home has a kitchen sink in working order in the kitchen; a lavatory and water closet in working order in each bathroom; at least one bathroom with a tub or shower facility in working order; a properly sized and configured accessible electrical panel with proper circuit breakers; properly and securely installed electrical fixtures, switches, and receptacles; a water heater in safe and working condition; and a safe and working central heating system without any unvented heaters. (d) The Commissioner shall establish by rule and regulation an inspection program for such pre-owned manufactured homes. Such program shall provide for timely inspections in accordance with the standards promulgated by the Commissioner pursuant to this Code section, and issuance of certificates of compliance or notices of deficiencies to be corrected before a certificate of compliance shall be issued. Such program may provide that the inspections may be performed by county and municipal building inspectors, provided that such inspections are in compliance with the standards promulgated by the Commissioner pursuant to this Code section. (e) The person requesting the inspection of the pre-owned manufactured home shall pay a fee not to exceed $100.00 for such inspection, including any reinspections to determine if the items listed in the notice of deficiencies have been corrected. (f) Neither the Commissioner nor any inspector inspecting a pre-owned manufactured home pursuant to this Code section shall be liable for any injuries to persons resulting from any defects or conditions in such pre-owned manufactured home. (g) If a pre-owned manufactured home is sold on an 'as-is' basis for purposes of repair prior to occupancy, the sales agreement or contract shall specifically and prominently state that the purchaser understands and agrees that the pre-owned manufactured home is not habitable in its present condition and must be brought into compliance with the standards promulgated by the Commissioner pursuant to this Code section and receive a

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certificate of compliance with such standards prior to such pre-owned manufactured home being relocated and occupied for residential purposes. (h) No county or municipality shall impose any standard or condition for pre-owned manufactured homes that conflicts with, is inconsistent with, or is more stringent than the standards promulgated by the Commissioner pursuant to this Code section; provided, however, that such counties and municipalities may enforce all other applicable local and state laws and regulations. In addition, no county or municipality shall prohibit the placement or occupation of a pre-owned manufactured home within its jurisdiction that complies with the standards promulgated by the Commissioner."

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 following amendment was read and adopted:

Representative Roberts of the 154th moves to amend the House Committee on Agriculture and Consumer Affairs substitute to HB 516 (LC 28 4676ERS) by inserting after "condition" on line 148 ", including any standard or condition based upon the age of the manufactured home," and by striking lines 152 through 154 and inserting in lieu thereof "state laws and regulations.""

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 Allison N Amerson Y Anderson Y Ashe Y Austin N Baker Y Barnard Y Battles E Bearden
Beasley-Teague N Benfield

Crawford Y Davis, H Y Davis, S N Dawkins-Haigler N Day N Dempsey N Dickson N Dobbs Y Dollar N Dooley E Drenner N Dukes E Ehrhart

N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A N Holt N Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs

Y Manning N Marin N Martin Y Maxwell E May N Mayo Y McCall N McKillip N Meadows N Millar Y Mills N Mitchell N Morgan

Y Rynders Y Scott, A Y Scott, M Y Sellier N Setzler Y Shaw
Sheldon N Shipp Y Sims, B E Sims, C N Sinkfield N Smith, B E Smith, L

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N Benton Y Black N Brooks E Bruce Y Bryant E Buckner N Burkhalter Y Burns Y Butler N Byrd Y Carter, A N Carter, B N Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole N Coleman Y Collins, D N Collins, T N Cooper N Cox

Y England N Epps, C N Epps, J N Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton Y Gardner N Geisinger N Glanton E Golick Y Gordon N Graves Y Greene N Hamilton N Hanner N Harbin Y Harden, B N Harden, M Y Hatfield N Heard

Y James N Jerguson N Johnson, C Y Johnson, T N Jones, J N Jones, S E Jordan N Kaiser N Keen N Keown N Knight N Knox Y Lane, B Y Lane, R Y Levitas N Lindsey N Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B N Maddox, G N Mangham

Y Morris Mosby
N Murphy N Neal N Nix N Oliver
O'Neal Y Parham Y Parrish N Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett E Ralston N Ramsey N Randall Y Reece E Reese
Rice Y Roberts Y Rogers

N Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor N Teilhet N Thomas N Thompson E Walker Y Weldon N Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M N Williams, R Y Wix
Yates Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 72, nays 85.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representatives Jerguson of the 22nd and Maddox of the 172nd stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Jacobs of the 80th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Roberts of the 154th 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 516.

HB 57. By Representatives Powell of the 29th and Rice of the 51st:

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 define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to

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repeal and reserve certain provisions; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for promulgation of rules; to provide exemptions from application of provisions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising Code Section 40-2-1, relating to definitions, as follows:
"40-2-1. As used in this chapter, the term:
(1) 'Cancellation of vehicle registration' means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation. (2) 'Commissioner' means the state revenue commissioner. (3) 'Department' means the Department of Revenue. (4) 'Motor carrier' means:
(A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or (B) Any entity defined by the commissioner, commissioner of public safety, or Public Service Commission who operates or controls commercial motor vehicles as

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defined in 49 C.F.R. Section 390.5, Title 46, or this chapter whether operated in interstate or intrastate commerce, or both. (5) 'Operating authority' means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a. (6) 'Regulatory compliance inspection' means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor carrier business or enterprise operations. (4)(7) 'Resident' means a person who has a permanent home or abode domicile in Georgia and to which, whenever he or she is having been absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident. (5)(8) 'Revocation of vehicle registration' means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or restoration reinstatement, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law. (6)(9) 'Suspension of vehicle registration' means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department."
SECTION 2. Said title is further amended by inserting a new article to read as follows:
"ARTICLE 6A
40-2-140. (a) The Department of Revenue shall be the state agency responsible for the administration of the federal Unified Carrier Registration Act of 2005, which includes participating in the development, implementation, and administration of the Unified Carrier Registration Agreement. (b) Every foreign or domestic motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in interstate commerce in this state shall register with the commissioner or a base state and pay all fees as required by the federal Unified Carrier Registration Act of 2005.
(c)(1) Any motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in intrastate commerce and operates a motor vehicle on or over any public highway of this state shall register with the commissioner and pay a fee determined by the commissioner. (2) No motor carrier shall be issued a registration unless there is filed with the commissioner or the Federal Motor Carrier Safety Administration or any successor agency a certificate of insurance for such applicant or holder, on forms prescribed by

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the commissioner, evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state. Such policy shall provide for the protection of passengers in passenger vehicles and the protection of the public against the negligence of such motor carrier, and its servants or agents, when it is determined to be the proximate cause of any injury. The commissioner shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. Failure to file any form required by the commissioner shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer. The insurer may file its certificate of insurance electronically with the commissioner. (3) The commissioner shall have the power to permit self-insurance in lieu of a policy of indemnity insurance whenever in his or her opinion the financial ability of the motor carrier so warrants. (4) Any person having a cause of action, whether arising in tort or contract, under this Code section may join in the same cause of action the motor carrier and its insurance carrier. (d) Before any motor carrier engaged in exempt passenger intrastate commerce shall operate any motor vehicle on or over any public highway of this state, the motor carrier shall register with the commissioner and pay a fee determined by the commissioner. (e) In addition to any requirements under the federal Unified Carrier Registration Act of 2005, motor carriers required to have operating authority shall fulfill all applicable requirements for obtaining operating authority prior to any operation of a motor vehicle to which such requirements apply. (f) The commissioner shall collect the fees imposed by this Code section and may establish rules and regulations and prescribe such forms as are necessary to administer this Code section and the federal Unified Carrier Registration Act of 2005. Notwithstanding the provisions of Code Sections 40-2-131 and 48-2-17, the commissioner shall retain and utilize such fees for motor carrier safety programs and enforcement and administration of this article. (g) The commissioner of public safety, and persons he or she designates pursuant to Chapter 2 of Title 35, shall have the authority to perform regulatory compliance inspections under the provisions of Article 5 of Chapter 2 of Title 35 for purposes of determining compliance with laws and regulations, the enforcement and administration of which is the responsibility of the Department of Public Safety. (h) Every officer, agent, or employee of any corporation and every person who fails to comply with this article and any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. Misdemeanor violations of this article may be prosecuted, handled, and disposed of in the manner provided for in Chapter 13 of this title."

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SECTION 3. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by repealing Code Section 46-7-12.1, relating to motor carriers' requirements as to obtaining indemnity insurance or self-insurance before issuance of permit, in its entirety.
SECTION 4. Said title is further amended by repealing and reserving Code Section 46-7-15, relating to registration and licensing of motor carriers and cities and counties barred from levying taxes on carriers.
SECTION 5. Said title is further amended by repealing Code Section 46-7-15.1, relating to motor carrier of property permits, in its entirety.
SECTION 6. Said title is further amended by repealing and reserving Code Section 46-7-16, relating to registration and insurance for motor carriers engaged solely in interstate commerce; emergency, temporary, or trip-lease vehicle registration permits; late registration and identification; reciprocal agreements; and certificate not required.
SECTION 7. Said title is further amended by revising Code Section 46-7-26, relating to the authority
of the commissioner to promulgate rules and regulations for safety, as follows: "46-726. (a) The commissioner of public safety shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner of public safety shall include the following:
(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner of public safety shall from time to time promulgate; (2) Every driver employed to operate a motor vehicle for a motor carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require; and (4) The commissioner of public safety shall require every motor common, contract, exempt, and contract carrier private carrier's vehicles to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commissioner of

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public safety. Such identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005. (b) Regulations governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials may be adopted by administrative order, including, but not limited to, referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, provided that such compatible federal regulations or standards shall be maintained on file by the Department of Public Safety and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's computer Internet site. The commissioner of public safety may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State merely the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published. (c) The commissioner of public safety may, pursuant to rule or regulation, specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005."
SECTION 8. Said title is further amended by revising Code Section 46-7-37, relating to private carriers excepted from application of article; safety rules authorized; and certificates or permits not required, as follows:
"46-7-37. (a) Except as otherwise provided in subsection (b) of this Code section, this article shall not apply to private carriers engaged exclusively in the transportation of goods belonging to the individual, firm, partnership, corporation, or association owning, controlling, operating, or managing the motor vehicle in private transportation over any public highway in this state. (b) The commission shall have the authority to promulgate rules designed to promote safety of private carriers. Every motor vehicle of a private carrier and all parts thereof shall be maintained in a safe condition at all times; and the carrier's equipment shall meet such safety requirements as the commission shall from time to time promulgate. Private carriers shall be subject to the requirements of Code Sections 46-7-26 and 46-727, as well as the jurisdiction of the commissioner of public safety, pursuant to Article 5 of Chapter 2 of Title 35. (c) Private carriers are not required to hold certificates or permits issued by the commission."

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SECTION 9. Said title is further amended by revising Code Section 46-7-39, relating to the penalty for failure to comply with Chapter 7 of such title, as follows:
"46-7-39. (a) Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this chapter relating to the regulation of motor carriers, or any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. (b) No person shall drive or operate, or cause the operation of, a motor vehicle in violation of an out-of-service order. As used in this subsection, the term 'out-of-service order' means a temporary prohibition against operating as a carrier or driving or moving a motor vehicle, freight container or any cargo thereon, or any package containing a hazardous material. (c) Misdemeanor violations of this chapter may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of Title 40."

SECTION 10. (a) Sections 3 through 5 of this Act shall become effective October 1, 2009, for the purpose of adopting rules and regulations to implement the federal Unified Carrier Registration Act of 2005. (b) The remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs

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

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp
Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L

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Y Benton Y Black Y Brooks E 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 E Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Morris Mosby
Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon 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.

HB 305. 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:

E Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson Y Ashe

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw

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Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E Bruce
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 E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Mosby Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 152, nays 0.

Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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 412. 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 provide that the Commissioner of Insurance shall be authorized to allow certain health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses to be approved for sale in connection with or packaged with otherwise approved individual health insurance policies; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E 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 E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall
Reece E Reese
Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 156, nays 1.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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.

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HB 483. By Representatives Roberts of the 154th, Williams of the 178th and Ramsey of the 72nd:
A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for the modernization and revision of certain provisions regarding ad valorem taxes; to change certain affidavit requirements regarding the income of taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to change certain provisions regarding notification of changes made to a taxpayer's return; to provide for additional tax return filing requirements for public utilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for the modernization and revision of certain provisions regarding ad valorem taxes; to change certain affidavit requirements regarding the income of taxpayers 62 years of age or older seeking a homestead exemption for school tax purposes; to change certain provisions regarding collection of costs, commissions, interest, and penalties; to provide for execution costs; to change certain provisions regarding the transmission of resolutions setting the terms of members of boards of tax assessors; to change certain provisions regarding notification of changes made to a taxpayer's return; to provide for additional tax return filing requirements for public utilities; to provide for related matters; to provide effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by revising subsection (b) of Code Section 48-5-52, relating to homestead exemptions from ad valorem taxation for educational purposes for qualified individuals who are 62 years of age or older, as follows:
"(b)(1) The exemption provided for in subsection (a) of this Code section shall not be granted unless an affidavit of the owner of the homestead, prepared upon forms prescribed by the commissioner for that purpose, is filed with either the tax receiver or tax commissioner, in the case of residents of county school districts, or with the

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governing authority of the owner's city, in the case of residents of independent school districts. (2) The affidavit shall in the first year for which the exemption is sought be filed on or before the last day for making a tax return and shall show the:
(A) Age of the owner on January 1 immediately preceding the filing of the affidavit; (B) Total amount of net income received by the owner and spouse from all sources during the immediately preceding calendar year; and (C) Total amount of income received from all sources by each individual member of the owner's family residing within the homestead; and (D)(C) Such additional information as may be required by the commissioner. (3) Copies of all affidavits received or extracts of the information contained in the affidavits shall be forwarded to the commissioner by the various taxing authorities with whom the affidavits are filed. The commissioner is authorized to compare such information with information contained in any income tax return, sales tax return, or other tax documents or records of the department and to report immediately to the appropriate county or city taxing authority any apparent discrepancies between the information contained in any affidavit and the information contained in any other tax records of the department. (4) After the owner has filed the affidavit and has once been allowed the exemption provided for in this Code section, it shall not be necessary to make application and file the affidavit thereafter for any year and the exemption shall continue to be allowed to such owner; provided, however, that it shall be the duty of any such owner to notify the tax commissioner or tax receiver in the event the owner becomes ineligible for any reason for the exemption provided for in this Code section."
SECTION 2. Said chapter is further amended by revising subsection (c) of Code Section 48-5-161, relating to issuance of tax executions, as follows:
"(c)(1) The officer in whose hands the execution is placed shall proceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall enter the amount collected including all costs, commissions, interest, and penalties as provided by law on the execution. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his or her execution docket and file the execution in his or her office.
(2)(A) As used in this paragraph, the term 'costs' includes, but is not limited to, title examination expenses, certified mail expenses, reasonable attorney's fees, or other such necessary research expenses. (B) Once a levy is made or posted on the property of an execution is issued against a delinquent or defaulting taxpayer, the sheriff or ex officio sheriff shall collect, in addition to any other costs, commissions, interest, and penalties, the actual expenses incurred by the county in issuing the execution and administering the levy by

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imposing a levy administration fee which shall be 5 percent of the delinquent tax or $250.00, whichever is the lesser. Regardless of any other provision of this paragraph, however, no such levy administration fee shall be less than $50.00. (3) The levy administration fee provided by paragraph (2) of this subsection shall likewise be charged and collected when the execution is enforced through garnishment as provided for in Code Section 48-3-12."
SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 48-5-295, relating to terms of office, vacancies, and removal by county governing authority, as follows:
"(a) Each member of the county board of tax assessors appointed to such office on and after July 1, 1996, shall be appointed by the county governing authority for a term of not less than three nor more than six years. A county governing authority shall, by resolution, within the range provided by this subsection, select the length of terms of office for members of its county board of tax assessors. Following the adoption of such resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution. Such resolution, however,; however, such resolution shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county governing authority shall not be authorized to again change the term length until the expiration of the term of office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board of tax assessors would result in a voting majority of the board of tax assessors having their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appointments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. The county governing authority shall transmit to the board of assessors commissioner a copy of the resolution setting the length of terms of members of the county board of tax assessors within ten days of the date the resolution is adopted. Any member of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. Such review shall include education and certification information furnished by the commissioner. Any member of the county board of tax assessors who fails to maintain the certification and qualifications requirements specified pursuant to Code Section 48-5-291 shall not be eligible for reappointment until all requirements have been met. In case of a vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the vacancy shall be immediately filled by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for only the remainder of the unexpired term of office and shall possess the same qualifications required under this part for regular appointment to a full term of office."

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SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 48-5-306, relating to notice of changes made in taxpayer's return, posting notice, and new assessment description, as follows:
"(a) Method of giving notice to taxpayer of changes made in such taxpayer's return. Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the board any taxpayer has omitted from such taxpayer's returns any property that should be returned or has failed to return any of such taxpayer's property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only such taxpayer's proportionate share of taxes. When any such corrections, changes, or equalizations have been made by the board, the board shall, within five days, give written notice to the taxpayer of any changes made in such taxpayer's returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice through the United States mail as first-class mail to the taxpayer's last known address. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered 'Return in five days to' the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type -- 'OFFICIAL TAX MATTER.' face of the mailing envelope and with the United States Postal Service endorsement 'Return Service Requested' and the words 'Official Tax Matter' clearly printed in boldface type in a location which meets United States Postal Service regulations."
SECTION 5. Said chapter is further amended by revising subsection (b) of Code Section 48-5-511, relating to returns of public utilities to commissioner, as follows:
"(b) The returns of each public utility shall be in writing and sworn to under oath by the chief executive officer to be a just, true, and full return of the fair market value of the property of the public utility without any deduction for indebtedness. Each class or species of property shall be separately named and valued as far as practicable and shall be taxed like all other property under the laws of this state. The returns shall also include the capital stock, net annual profits, gross receipts, business, or income (gross, annual, net, or any other kind) for which the public utility is subject to taxation by the laws of this state. Each parcel of real estate included in the return shall be identified by

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its physical address and by a description adequate for the commissioner to properly identify such parcel. Other descriptive information includes, but is not limited to, the map or parcel identification information of the real estate being returned."

SECTION 6. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2 of this Act shall become effective on July 1, 2009, and shall apply to executions issued on or after that 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.

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant E 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon Y Wilkinson Y Willard Y Williams, A

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Y Cole Y Coleman E Collins, D Y Collins, T
Cooper Y Cox

Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

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.

HB 93. By Representatives Sims of the 119th, Harbin of the 118th and Anderson 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, and to invest in equity investments managed by third-party managers; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner
Burkhalter Y Burns

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton

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Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman E Collins, D Y Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keen Y Keown Y Knight Y Knox
Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

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

Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

HB 258. By Representative Scott of the 153rd:

A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; 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 40-5-24 of the Official Code of Georgia Annotated, relating to the issuance of instruction permits, so as to allow a holder of a valid instruction permit to drive with a disabled guardian or parent who has been issued an identification card containing the international handicapped symbol; 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 40-5-24 of the Official Code of Georgia Annotated, relating to the issuance of instruction permits, is amended by revising paragraph (1) of subsection (a) as follows:
"(a)(1)(A) Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle.

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The department shall, after the applicant has successfully passed all parts of the examination referred to in Code Section 40-5-27 other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of two years when accompanied by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, any person holding a valid Class C instructional permit may drive a Class C motor vehicle when accompanied by a disabled parent or guardian who has been issued an identification card containing the international handicapped symbol pursuant to Article 8 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 report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton

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Y Butler Byrd
Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman E Collins, D Y Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts
Rogers

Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, M 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 262. By Representatives Hill of the 21st and McCall of the 30th:

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 enforcement of covenants which prohibit certain xeriscape 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 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to prohibit enforcement of certain covenants which would require use of certain plants during watering restrictions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, is revised by adding a new paragraph (5) to subsection (d) to read as follows:
"(5) Notwithstanding any other provision of this Code section, a covenant that requires the use of specified grasses, shrubs, trees, or bushes shall not be enforced in

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this state so as to require a property owner to violate any state or state authorized local outdoor water use restrictions."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 E Coan Y Cole Y Coleman E Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England
Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

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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.
HB 310. By Representatives Gardner of the 57th, Burkhalter of the 50th, Smith of the 70th, Benfield of the 85th, Dobbs of the 53rd and others:
A BILL to be entitled an Act to amend Code Section 12-8-36 of the Official Code of Georgia Annotated, relating to state agency recycling and collection programs, so as to expand the state-wide recycling program for state agencies; to provide for legislative intent; 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 12-8-36 of the Official Code of Georgia Annotated, relating to state agency recycling and collection programs, so as to expand the state-wide recycling program for state agencies; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that it is in the best interests of the state to encourage recycling and that state agencies can contribute to recycling efforts in a meaningful way. The General Assembly further finds that this Act is intended to be a part of the campaign to Make Georgia's Capitol Green.
SECTION 2. Code Section 12-8-36 of the Official Code of Georgia Annotated, relating to state agency recycling and collection programs, is amended by revising subsection (a) as follows:
"(a) The Georgia Building Authority is authorized to establish and coordinate a statewide recycling program for state agencies and to establish, engage in, contract for, or otherwise allow or arrange for a collection program for recovered materials generated as a result of agency operations, including, but not limited to, aluminum, high-grade office and steel cans, plastic and glass bottles, and all grades of paper, and including corrugated paper cardboard, and for the mulching or composting of yard trimmings. The Georgia Building Authority is authorized to establish procedures for the collection and storage of such materials from any property or building utilized by the state or any agency thereof and to enter into contractual or other arrangements for the

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transportation, disposition, or sale of such materials. Proceeds generated from such sale shall be used by the Georgia Building Authority for the purpose of offsetting the costs and expenses of administering and implementing the recycling program."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton
Black Y Brooks E Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman E Collins, D Y Collins, T Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James Y Jerguson
Johnson, C Y Johnson, T
Jones, J Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 0.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 555. By Representatives Casas of the 103rd, Jones of the 46th and Coleman of the 97th:
A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to revise certain provisions relating to the use of surplus property of a local board of education by a local charter school; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Charter Schools Act of 1998," so as to revise certain provisions relating to a facilities fund for charter schools; to revise certain provisions relating to the use of surplus property of a local board of education by a local charter school; 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 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Charter Schools Act of 1998," is amended in Code Section 20-2-2068.2, relating to a facilities fund for charter schools, as follows:
"20-2-2068.2. (a) From moneys specifically appropriated for such purpose, the state board shall create a facilities fund for local charter schools, and state chartered special schools, and commission charter schools as defined in Code Section 20-2-2081 for the purpose of establishing a per pupil, need based facilities aid program. (b) A charter school or commission charter school may receive moneys from the facilities fund if the charter school or commission charter school has received final approval from the local board Georgia Charter Schools Commission or from the state board for operation during that fiscal year. (c) A charter school's or commission charter school's governing body may use moneys from the facilities fund for the following purposes:
(1) Purchase of real property; (2) Construction of school facilities, including initial and additional equipment and furnishings; (3) Purchase, lease-purchase, or lease of permanent or relocatable school facilities;

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(4) Purchase of vehicles to transport students to and from the charter school or commission charter school; and (5) Renovation, repair, and maintenance of school facilities that the charter school owns or is purchasing through a lease-purchase or long-term lease of five years or longer. (d) The Department of Education shall specify procedures for submitting and approving requests for funding under this Code section and for documenting expenditures. (e) Local boards are required to renovate, repair, and maintain the school facilities of charter schools in the district to the same extent as other public schools in the district if the local board owns the charter school facility, unless otherwise agreed upon by the petitioner and the local board in the charter. (f)(1) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the local charter school and the local board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the local board in the event the local charter school terminates operations. (2) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the state chartered special school and the state board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the state board in the event the state chartered special school terminates operations. (3) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the commission charter school and the Georgia Charter Schools Commission shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education funds to the ownership of the Georgia Charter Schools Commission in the event the commission charter school terminates operations. (g) The reversion of property in accordance with subsection (f) of this Code section is subject to the complete satisfaction of all lawful liens or encumbrances. (h) Each local board of education that has designated any facility or property as surplus, intended for disposal, or otherwise unused shall make its unused facilities such facility or property available for lease or purchase by to a local charter schools school on the same basis as it makes such facility or property available to other public schools under the control and management of the local board of education. The terms of the use of such a facility by the charter school shall be subject to negotiation between the board and the local charter school and shall be memorialized as a separate agreement. A local charter school that is allowed to use such a facility under such an agreement shall not sell or dispose of any interest in such property without the written permission of the local board. A conversion local charter school may not be charged a rental or

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JOURNAL OF THE HOUSE

leasing fee for the existing facility or for property normally used by the public school which became the conversion local charter school. A local charter school that receives property from a local board may not sell or dispose of such property without the written permission of the local board."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E Bruce N Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

N Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey N Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B E Sims, C N Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor Y Teilhet Y Thomas N Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

TUESDAY, MARCH 10, 2009

2141

On the passage of the Bill, by substitute, the ayes were 147, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Keen of the 179th 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.
Due to a mechanical malfunction, the vote of Representative Weldon of the 3rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Collins of the 95th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 327. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th:
A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Azalea International Folk Fair and Dance Competition as Georgia's Official International Festival; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Azalea International Folk Fair and Dance Competition as Georgia's Official International Folk Festival and Dance Competition; 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 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding a new Code section to read as follows:
"50-3-85. (a) The 'Azalea International Folk Fair and Dance Competition' is designated as an official international folk festival and dance competition of Georgia.

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(b) The Department of Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Azalea International Folk Fair and Dance Competition and to visit the State of Georgia for tourism purposes."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E 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 Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd
Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

TUESDAY, MARCH 10, 2009

2143

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 Franklin of the 43rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:

A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II).

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 118

The Committee of Conference on HB 118 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 118 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/ Chip Rogers Senator, 21st District

/s/ J. Mark Burkhalter Representative, 50th District

2144

JOURNAL OF THE HOUSE

A BILL

To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the general appropriations Act, approved May 14, 2008, as House Bill 990, Act No. 705, Ga. Laws 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229, 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, 2008, and ending June 30, 2009, known as the general appropriations Act, approved May 14, 2008, as House Bill 990, Act No. 705, Ga. Laws 2008, Volume One, Book Two Appendix, commencing at Page 1 of 229, 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, 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

$37,663,803,301

Federal Funds and Grants

$11,587,022,805

Temporary Assistance for Needy Families Block Grant

$342,574,967

Social Services Block Grant

$54,993,799

Child Care & Development Block Grant

$66,553,783

TUESDAY, MARCH 10, 2009
Foster Care Title IV-E Maternal and Child Health Services Block Grant Medical Assistance Program Preventive Health and Health Services Block Grant Community Mental Health Services Block Grant Prevention and Treatment of Substance Abuse Block Grant Federal Highway Administration Highway Planning & Construction State Children's Insurance Program Community Service Block Grant Low-Income Home Energy Assistance TANF Block Grant - Unobligated Balance CCDF Mandatory & Matching Funds TANF Transfers to Social Services Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Research Funds Records Center Storage Fee Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified Prior Year Funds - Other Prior Year funds State General Funds State Funds Lottery Funds Tobacco Funds Motor Fuel Funds Brain & 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

2145
$81,440,296 $20,877,386 $5,645,551,564
$4,404,431 $13,130,623 $62,808,011
$1,242,767,438
$253,038,815 $17,402,038 $24,910,040 $68,909,356 $94,424,439 $25,800,000 $3,567,435,819 $4,457,479,160 $2,114,016,757 $1,513,828,236
$435,771 $139,386,524 $438,033,087 $32,057,789 $219,720,996 $18,903,699,531 $880,152,075 $159,069,341 $1,027,529,868
$1,968,993 $16,834,979,254
$2,715,601,805 $2,208,284,965
$43,837,761 $128,959,599 $280,877,262
$53,642,218

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Section 1: Georgia Senate Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers

$10,087,483 $0 $0
$10,087,483 $10,087,483
$0

1.1. Senate

Purpose: None

Total Funds

$6,761,195

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$6,761,195

State General Funds

$6,761,195

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,629,495

$7,629,495

Provide for an additional reduction to operations.

($128,877)

($128,877)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($280,378)

($280,378)

Reduce funding for personal services and operating expenses.

($459,045)

($459,045)

Amount appropriated in this Act

$6,761,195

$6,761,195

1.2. Lieutenant Governor Purpose: None Total Funds Federal Funds and Grants Other Funds

$1,198,608 $0 $0

TUESDAY, MARCH 10, 2009

2147

State Funds

$1,198,608

State General Funds

$1,198,608

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 (HB990)

$1,365,993

$1,365,993

Provide for an additional reduction to operations.

($23,082)

($23,082)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($63,009)

($63,009)

Reduce funding for personal services and operating expenses.

($81,294)

($81,294)

Amount appropriated in this Act

$1,198,608

$1,198,608

1.3. Secretary of the Senate's Office

Purpose: None

Total Funds

$1,188,125

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,188,125

State General Funds

$1,188,125

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 (HB990)

$1,334,397

$1,334,397

Provide for an additional reduction to operations.

($22,141)

($22,141)

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Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.
Reduce funding for personal services and operating expenses.
Amount appropriated in this Act

($42,922)
($81,209) $1,188,125

($42,922)
($81,209) $1,188,125

1.4. Senate Budget and Evaluation Office

Purpose: Provide budget development and evaluation expertise to the State Senate.

Total Funds

$939,555

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$939,555

State General Funds

$939,555

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,072,306

$1,072,306

Provide for an additional reduction to operations.

($18,126)

($18,126)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($51,040)

($51,040)

Reduce funding for personal services and operating expenses.

($63,585)

($63,585)

Amount appropriated in this Act

$939,555

$939,555

Section 2: Georgia House of Representatives Total Funds Federal Funds and Grants Other Funds State Funds

$17,637,616 $0 $0
$17,637,616

TUESDAY, MARCH 10, 2009

2149

State General Funds Intra-State Government Transfers

$17,637,616 $0

2.1. Georgia House of Representatives

Purpose: None

Total Funds

$17,637,616

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$17,637,616

State General Funds

$17,637,616

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 (HB990)

$19,850,950

$19,850,950

Provide for an additional reduction to operations.

($266,604)

($266,604)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($755,723)

($755,723)

Reduce funding for personal services and operating expenses.

($1,191,007)

($1,191,007)

Amount appropriated in this Act

$17,637,616

$17,637,616

Section 3: Georgia General Assembly Joint Offices Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers
3.1. Ancillary Activities Purpose: Provide services for the legislative branch of government.

$9,429,943 $0 $0
$9,429,943 $9,429,943
$0

2150

JOURNAL OF THE HOUSE

Total Funds

$4,300,814

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$4,300,814

State General Funds

$4,300,814

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,728,361

$4,728,361

Provide for an additional reduction to operations.

($90,005)

($90,005)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($53,831)

($53,831)

Reduce funding for personal services and operating expenses.

($283,711)

($283,711)

Amount appropriated in this Act

$4,300,814

$4,300,814

3.2. Office of Legislative Counsel

Purpose: Provide bill-drafting services, advice, and counsel for members of the General Assembly.

Total Funds

$2,711,434

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,711,434

State General Funds

$2,711,434

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,104,807

$3,104,807

Provide for an additional reduction to operations.

($50,481)

($50,481)

TUESDAY, MARCH 10, 2009

2151

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.
Reduce funding for personal services and operating expenses.
Amount appropriated in this Act

($157,586)
($185,306) $2,711,434

($157,586)
($185,306) $2,711,434

3.3. 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

$2,417,695

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,417,695

State General Funds

$2,417,695

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,646,281

$2,646,281

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$46,497

$46,497

Provide for an additional reduction to operations.

($47,410)

($47,410)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($68,896)

($68,896)

Reduce funding for personal services and provide funding for operating expenses.

($158,777)

($158,777)

Amount appropriated in this Act

$2,417,695

$2,417,695

2152

JOURNAL OF THE HOUSE

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

$30,654,383 $0 $0
$30,654,383 $30,654,383
$0

4.1. Administration

Purpose: Provide administrative support to all department programs.

Total Funds

$1,532,154

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,532,154

State General Funds

$1,532,154

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,729,799

$1,729,799

Defer state employees' salary increases effective January 1, 2009.

($15,694)

($15,694)

Provide for an additional reduction to operations.

($5,865)

($5,865)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($99,098)

($99,098)

Reduce funding for personal services and operating expenses.

($76,988)

($76,988)

Amount appropriated in this Act

$1,532,154

$1,532,154

4.2. Audits and Assurance Services

Purpose: Provide financial, performance, and information system audits.

Total Funds

$27,021,426

TUESDAY, MARCH 10, 2009

2153

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$27,021,426

State General Funds

$27,021,426

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$31,283,984

$31,283,984

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$24,166

$24,166

Defer state employees' salary increases effective January 1, 2009.

($203,707)

($203,707)

Provide for an additional reduction to operations.

($331,125)

($331,125)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($1,691,737)

($1,691,737)

Reduce funding for personal services and operating expenses.

($1,560,155)

($1,560,155)

Eliminate funding transferred in FY 2009 from the Office of Student Achievement to develop an auditing function for education funding formulas.

($500,000)

($500,000)

Amount appropriated in this Act

$27,021,426

$27,021,426

4.3. Legislative Services

Purpose: Provide information on retirement system services, promulgate statewide policies and procedures, and provide fiscal note services.

Total Funds

$110,521

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$110,521

State General Funds

$110,521

2154

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 (HB990)

$123,743

$123,743

Defer state employees' salary increases effective January 1, 2009.

($860)

($860)

Provide for an additional reduction to operations.

$617

$617

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.

($7,219)

($7,219)

Reduce funding for personal services and operating expenses.

($5,760)

($5,760)

Amount appropriated in this Act

$110,521

$110,521

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

$1,990,282

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,990,282

State General Funds

$1,990,282

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,289,648

$2,289,648

Defer state employees' salary increases effective January 1, 2009.

($11,117)

($11,117)

Provide for an additional reduction to operations.

($65,198)

($65,198)

TUESDAY, MARCH 10, 2009

2155

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009. Reduce employer contribution rate to 0%, effective March 1, 2009.
Reduce funding for personal services and operating expenses.
Amount appropriated in this Act

($113,716)
($109,335) $1,990,282

($113,716)
($109,335) $1,990,282

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

$12,815,713 $0
$150,000 $150,000 $12,665,713 $12,665,713
$0

5.1. Court of Appeals

Purpose: Review and exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law.

Total Funds

$12,815,713

Federal Funds and Grants

$0

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$12,665,713

State General Funds

$12,665,713

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 (HB990)

$14,744,435

$14,894,435

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,648

$11,648

2156

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce computer charges by delaying the efiling initiative to allow court documents to be filed electronically.
Freeze funding appropriated in FY 2009 to replace the court's docket system to provide simultaneous access through electronic case files.
Reduce funding for operating expenses.
Reduce funding for personal services.
Freeze summer internship pay.
Amount appropriated in this Act

($159,151) ($811,979)
($283,558) ($45,329)
($147,900)
($230,970) ($356,183) ($55,300) $12,665,713

($159,151) ($811,979)
($283,558) ($45,329)
($147,900)
($230,970) ($356,183) ($55,300) $12,815,713

Section 6: Judicial Council 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

$17,561,751 $2,492,903 $2,492,903 $615,890 $350,390 $265,500
$14,452,958 $14,452,958
$0

6.1. Appellate Resource Center

Purpose: Provide representation to all death penalty sentenced inmates in habeas proceedings.

Total Funds

$528,963

Federal Funds and Grants

$0

TUESDAY, MARCH 10, 2009

2157

Other Funds

$0

State Funds

$528,963

State General Funds

$528,963

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$580,000

$580,000

Reduce funding for operating expenses.

($51,037)

($51,037)

Amount appropriated in this Act

$528,963

$528,963

6.2. Georgia Office of Dispute Resolution

Purpose: Oversee the development of court-connected alternative dispute resolution programs in Georgia.

Total Funds

$341,641

Federal Funds and Grants

$0

Other Funds

$172,890

Agency Funds

$172,890

State Funds

$168,751

State General Funds

$168,751

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$196,638

$369,528

Defer state employees' salary increases effective January 1, 2009.

($3,117)

($3,117)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($9,425)

($9,425)

Reduce funding for operating expenses.

($15,345)

($15,345)

Amount appropriated in this Act

$168,751

$341,641

2158

JOURNAL OF THE HOUSE

6.3. Institute of Continuing Judicial Education

Purpose: Provide basic training and continuing education to elected officials, court support personnel, and volunteer agents of the judicial branch.

Total Funds

$1,355,714

Federal Funds and Grants

$0

Other Funds

$177,500

Agency Funds

$177,500

State Funds

$1,178,214

State General Funds

$1,178,214

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 (HB990)

$1,298,000

$1,475,500

Defer state employees' salary increases effective January 1, 2009.

($6,105)

($6,105)

Reduce funding for operating expenses.

($113,681)

($113,681)

Amount appropriated in this Act

$1,178,214

$1,355,714

6.4. Judicial Council

Purpose: 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

$15,077,982

Federal Funds and Grants

$2,492,903

Federal Funds Not Specifically Identified

$2,492,903

Other Funds

$265,500

Other Funds - Not Specifically Identified

$265,500

State Funds

$12,319,579

State General Funds

$12,319,579

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 10, 2009

2159

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funding for operating expenses.
Amount appropriated in this Act

State Funds $13,971,643
$11,263
($73,828) ($405,087)
($376,880) ($807,532) $12,319,579

Total Funds $16,730,046
$11,263
($73,828) ($405,087)
($376,880) ($807,532) $15,077,982

6.5. Judicial Qualifications Commission

Purpose: Discipline, remove, and cause involuntary retirement of judges.

Total Funds

$257,451

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$257,451

State General Funds

$257,451

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$299,040

$299,040

Defer state employees' salary increases effective January 1, 2009.

($2,226)

($2,226)

2160

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funding for operating expenses.
Amount appropriated in this Act

($14,334)
($25,029) $257,451

($14,334)
($25,029) $257,451

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

$6,929,539 $447,456 $447,456 $0
$6,482,083 $6,482,083
$0

7.1. Council of Juvenile Court Judges

Purpose: Represent all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation.

Total Funds

$1,943,478

Federal Funds and Grants

$447,456

Federal Funds Not Specifically Identified

$447,456

Other Funds

$0

State Funds

$1,496,022

State General Funds

$1,496,022

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,705,599

$2,153,055

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,368

$2,368

TUESDAY, MARCH 10, 2009

2161

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funding for operating expenses.
Amount appropriated in this Act

($14,189) ($82,215)
($18,540) ($97,001) $1,496,022

($14,189) ($82,215)
($18,540) ($97,001) $1,943,478

7.2. Grants to Counties for Juvenile Court Judges

Purpose: Mandate payment of state funds to circuits to pay for juvenile court judges salaries.

Total Funds

$4,986,061

State Funds

$4,986,061

State General Funds

$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

$53,301,872 $0 $0
$51,499,745 $51,499,745
$1,802,127 $1,802,127

8.1. District Attorneys

Purpose: 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 Funds

$47,886,644

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$46,084,517

2162

JOURNAL OF THE HOUSE

State General Funds

$46,084,517

Intra-State Government Transfers

$1,802,127

Other Intra-State Government Payments

$1,802,127

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$52,323,746

$54,090,792

Defer state employees' salary increases effective January 1, 2009.

($637,857)

($637,857)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($3,207,216)

($3,207,216)

Provide for an additional reduction to operations.

$0

$0

Reduce funding for travel.

($103,672)

($103,672)

Defer steps and promotions for assistant district attorneys scheduled for FY 2009.

($349,150)

($349,150)

Implement a 13-day furlough of all statepaid staff other than the District Attorneys.

($1,941,334)

($1,941,334)

Provide funding to cover a shortfall in

$0

$0

personal services for District Attorney staff.

Recognize change in DHR contract amount.

$0

$35,081

Amount appropriated in this Act

$46,084,517

$47,886,644

8.2. Prosecuting Attorneys Council

Purpose: Assist Georgia's District Attorneys and State Court Solicitors.

Total Funds

$5,415,228

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$5,415,228

State General Funds

$5,415,228

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 10, 2009

2163

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Defer filling 4 vacant positions.
Reduce funding for operating expenses.
Defer funding appropriated in FY 2009 to purchase and replace obsolete computer equipment in District Attorney offices.
Reduce funding for Victim Services.
Implement a 13-day furlough of all staff.
Defer steps and promotions for staff attorneys scheduled for FY 2009.
Amount appropriated in this Act

State Funds $6,957,949
$1,662
($52,707) ($265,120)
$0 ($632,353) ($160,879) ($208,125)
($25,735) ($187,889) ($11,575) $5,415,228

Total Funds $6,957,949
$1,662
($52,707) ($265,120)
$0 ($632,353) ($160,879) ($208,125)
($25,735) ($187,889) ($11,575) $5,415,228

Section 9: Superior Courts Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers

$56,213,072 $0 $0
$56,213,072 $56,213,072
$0

9.1. Council of Superior Court Clerks
Purpose: Assist superior court clerks throughout the state in the execution of their duties, and promote and assist in their training of the superior court clerks.

2164

JOURNAL OF THE HOUSE

Total Funds

$376,208

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$376,208

State General Funds

$376,208

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,751,550

$1,751,550

Provide for an additional reduction to operations.

($22,640)

($22,640)

Reduce funding for the Judicial Data Exchange (JDX) project appropriated in FY 2009.

($1,352,702)

($1,352,702)

Amount appropriated in this Act

$376,208

$376,208

9.2. Council of Superior Court Judges

Purpose: Enhance the improvement of the superior court and the administration of justice through leadership, training, policy development, and budgetary and fiscal administration.

Total Funds

$1,292,924

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,292,924

State General Funds

$1,292,924

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 (HB990)

$1,483,201

$1,483,201

TUESDAY, MARCH 10, 2009

2165

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funding for personal services and operating expenses.
Amount appropriated in this Act

($65,197)
($40,000) ($85,080) $1,292,924

($65,197)
($40,000) ($85,080) $1,292,924

9.3. Judicial Administrative Districts

Purpose: 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

$2,032,868

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,032,868

State General Funds

$2,032,868

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,348,845

$2,348,845

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($90,374)

($90,374)

Provide for an additional reduction to operations.

($38,758)

($38,758)

Reduce funding for personal services and operating expenses.

($162,485)

($162,485)

Defer the FY 09 cost-of-living adjustment.

($24,360)

($24,360)

Amount appropriated in this Act

$2,032,868

$2,032,868

2166

JOURNAL OF THE HOUSE

9.4. Superior Court Judges

Purpose: Serve as a 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 50 provided by law are to be allocated back to the circuits by caseload ranks.

Total Funds

$52,511,072

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$52,511,072

State General Funds

$52,511,072

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 (HB990)

$58,038,504

$58,038,504

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$10,169

$10,169

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($3,039,290)

($3,039,290)

Provide for an additional reduction to operations.

($744,222)

($744,222)

Reduce funding for personal services and operating expenses.

($1,874,089)

($1,874,089)

Provide for an emergency judge replacement in the Piedmont Circuit.

$60,000

$60,000

Provide additional travel based on mileage increases.

$60,000

$60,000

Amount appropriated in this Act

$52,511,072

$52,511,072

Section 10: Supreme Court Total Funds Federal Funds and Grants

$7,815,547 $0

TUESDAY, MARCH 10, 2009

2167

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

$0 $7,815,547 $7,815,547
$0

10.1. Supreme Court

Purpose: Serve as a court of review, and exercise exclusive appellate jurisdiction in all cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States, and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question, and all cases of election contest.

Total Funds

$7,815,547

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,815,547

State General Funds

$7,815,547

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 (HB990)

$8,837,974

$8,837,974

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$14,433

$14,433

Defer state employees' salary increases effective January 1, 2009.

($89,806)

($89,806)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($443,565)

($443,565)

Provide for an additional reduction to operations.

$0

$0

Reduce funding for operating expenses.

($503,489)

($503,489)

Amount appropriated in this Act

$7,815,547

$7,815,547

2168

JOURNAL OF THE HOUSE

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

$14,375,086 $0 $0
$4,089,053 $4,089,053 $10,286,033 $10,286,033

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

$14,375,086

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$4,089,053

State General Funds

$4,089,053

Intra-State Government Transfers

$10,286,033

Other Intra-State Government Payments

$10,286,033

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,456,173

$15,742,206

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$14,051

$14,051

Defer state employees' salary increases effective January 1, 2009.

($40,448)

($40,448)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($192,171)

($192,171)

Provide for an additional reduction to operations.

($44,720)

($44,720)

TUESDAY, MARCH 10, 2009

2169

Reduce operating expenses. Reduce personal service costs to reflect projected expenditures. Reduce funds for contracts. Amount appropriated in this Act

($528,832) ($250,000)
($325,000) $4,089,053

($528,832) ($250,000)
($325,000) $14,375,086

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

$157,896,982 $0
$22,711,031 $11,877,016 $10,834,015
$6,226,352 $6,226,352 $128,959,599 $128,959,599

12.1. Administration

Purpose: Provide administrative support to all department programs.

Total Funds

$5,341,646

Federal Funds and Grants

$0

Other Funds

$3,871,616

Other Funds - Not Specifically Identified

$3,871,616

State Funds

$1,470,030

State General Funds

$1,470,030

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,358,438

$5,994,354

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($24,906)

($24,906)

Defer state employees' salary increases effective January 1, 2009.

($95,231)

($95,231)

2170

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce contract funds.
Reduce operating expenses.
Reduce funds for personal services.
Replace state funds with other funds from the State Purchasing program.
Amount appropriated in this Act

($80,557)
$0 ($203,997) ($63,549) ($184,468) ($1,235,700) $1,470,030

($80,557)
$0 ($203,997) ($63,549) ($184,468)
$0 $5,341,646

12.2. Fleet Management

Purpose: In conjunction with the Office of Planning and Budget, centralize state government motor vehicle fleet management functions to ensure efficient and costeffective fleet operations and to minimize the life-cycle costs associated with vehicle ownership.

Total Funds

$2,259,903

Federal Funds and Grants

$0

Other Funds

$1,387,079

Other Funds - Not Specifically Identified

$1,387,079

State Funds

$872,824

State General Funds

$872,824

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 (HB990)

$1,705,000

$3,092,079

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($106,176)

($106,176)

Reduce operating expenses.

($50,657)

($50,657)

Reduce funds for personal services.

($400,000)

($400,000)

TUESDAY, MARCH 10, 2009

2171

Reduce state funds designated for a consultant assessment of the current fleet operations management information system.
Amount appropriated in this Act

($275,343) $872,824

($275,343) $2,259,903

12.3. 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

$1,079,669

Other Funds

$1,079,669

Agency Funds

$1,079,669

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$1,130,155

Reduce other funds ($31,186) and eliminate 1 filled clerk position.

$0

($31,186)

Reduce other funds ($2,300) for operating expenses to reflect projected expenditures.

$0

($2,300)

Reduce other funds ($17,000) for motor vehicle purchases to reflect projected expenditures.

$0

($17,000)

Amount appropriated in this Act

$0

$1,079,669

12.4. Risk Management

Purpose: Minimize cost and provide fair treatment of citizens through effective claims management.

Total Funds

$128,959,599

Intra-State Government Transfers

$128,959,599

Self Insurance Trust Fund Payments

$128,959,599

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$129,880,757

2172

JOURNAL OF THE HOUSE

Reduce other funds ($192,873) for personal services and eliminate 6 vacant positions.
Reduce other funds ($283,000) for contractual services.
Reduce other funds ($445,285) for operating expenses to reflect projected expenditures.
Amount appropriated in this Act

$0

($192,873)

$0

($283,000)

$0

($445,285)

$0

$128,959,599

12.5. 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

$10,760,425

Federal Funds and Grants

$0

Other Funds

$10,760,425

Agency Funds

$6,898,546

Other Funds - Not Specifically Identified

$3,861,879

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 (HB990)

$4,241,671

$14,971,472

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($83,846)

($83,846)

Replace state funds with reserves to fund operating expenses.

($4,157,825)

($4,157,825)

Recognize $1,266,324 in other funds from state surplus existing reserves to fund the State Purchasing program.

$0

$1,266,324

Transfer $1,235,700 in other funds to the Administration program.

$0

($1,235,700)

Amount appropriated in this Act

$0

$10,760,425

TUESDAY, MARCH 10, 2009

2173

12.6. 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

$1,622,935

Federal Funds and Grants

$0

Other Funds

$1,622,935

Other Funds - Not Specifically Identified

$1,622,935

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 (HB990)

$0

$4,657,141

Realize other funds savings ($1,767,882) for operating expenses due to the closure of the Americus, Swainsboro and Tucker warehouses and eliminate positions.

$0

($1,767,882)

Redirect $1,266,324 in other funds in existing reserves to fund the State Purchasing program.

$0

($1,266,324)

Amount appropriated in this Act

$0

$1,622,935

12.7. 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

Other Funds - Not Specifically Identified

$90,506

State Funds

$0

Intra-State Government Transfers

$0

The following appropriations are for agencies attached for administrative purposes.

2174

JOURNAL OF THE HOUSE

12.8. Health Planning Review Board

Purpose: Review decisions made by hearing officers.

Total Funds

$53,882

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$53,882

State General Funds

$53,882

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$60,473

$60,473

Provide for an additional reduction to operations.

($544)

($544)

Reduce contract funds.

($6,047)

($6,047)

Amount appropriated in this Act

$53,882

$53,882

12.9. Office of State Administrative Hearings

Purpose: Provide an impartial, independent forum for resolving disputes between the public and state agencies.

Total Funds

$3,588,300

Federal Funds and Grants

$0

Other Funds

$608,684

Agency Funds

$608,684

State Funds

$2,979,616

State General Funds

$2,979,616

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 (HB990)

$3,576,847

$4,185,531

Defer state employees' salary increases effective January 1, 2009.

($39,203)

($39,203)

TUESDAY, MARCH 10, 2009

2175

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce operating expenses.
Amount appropriated in this Act

($216,704)
$0 ($341,324) $2,979,616

($216,704)
$0 ($341,324) $3,588,300

12.10. 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

$3,290,117

Other Funds

$3,290,117

Agency Funds

$3,290,117

12.11. Compensation Per General Assembly Resolutions Purpose: Fund HR102 of the 2007 Session. Total Funds State Funds
State General Funds

$850,000 $850,000 $850,000

Section 13: Agriculture, 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

$52,962,675 $8,049,321 $8,049,321 $3,564,689 $3,564,689
$41,348,665 $41,348,665
$0

13.1. Administration

Purpose: Provide administrative support for all programs of the department.

Total Funds

$5,527,411

2176

JOURNAL OF THE HOUSE

Federal Funds and Grants

$69,500

Federal Funds Not Specifically Identified

$69,500

Other Funds

$258,721

Other Funds - Not Specifically Identified

$258,721

State Funds

$5,199,190

State General Funds

$5,199,190

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,571,774

$6,899,995

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$37,859

$37,859

Defer state employees' salary increases effective January 1, 2009.

($44,054)

($44,054)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($266,686)

($266,686)

Provide for an additional reduction to operations.

($100,000)

($100,000)

Reduce operating expenses.

($868,084)

($868,084)

Eliminate 1 filled and 2 vacant positions.

($131,619)

($131,619)

Amount appropriated in this Act

$5,199,190

$5,527,411

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

$3,473,564

State Funds

$3,473,564

State General Funds

$3,473,564

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 10, 2009

2177

Amount from prior Appropriation Act (HB990)
Reduce funding for Athens/Tifton Diagnostic Labs.
Amount appropriated in this Act

State Funds $3,775,613
($302,049)
$3,473,564

Total Funds $3,775,613
($302,049)
$3,473,564

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

$30,890,798

Federal Funds and Grants

$7,199,221

Federal Funds Not Specifically Identified

$7,199,221

Other Funds

$1,835,000

Other Funds - Not Specifically Identified

$1,835,000

State Funds

$21,856,577

State General Funds

$21,856,577

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$24,393,914

$33,428,135

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$55,250

$55,250

Defer state employees' salary increases effective January 1, 2009.

($346,718)

($346,718)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,313,036)

($1,313,036)

Provide for an additional reduction to operations.

$0

$0

Reduce operating expenses.

($972,833)

($972,833)

2178

JOURNAL OF THE HOUSE

Provide funding for one food safety specialist and three food safety inspectors. (CC:Fund one food safety specialist and three food safety inspectors.)
Amount appropriated in this Act

$40,000 $21,856,577

$40,000 $30,890,798

13.4. Marketing and Promotion

Purpose: Expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

Total Funds

$9,672,479

Federal Funds and Grants

$780,600

Federal Funds Not Specifically Identified

$780,600

Other Funds

$1,470,968

Other Funds - Not Specifically Identified

$1,470,968

State Funds

$7,420,911

State General Funds

$7,420,911

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 (HB990)

$8,339,788

$10,591,356

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$19,252

$19,252

Defer state employees' salary increases effective January 1, 2009.

($40,459)

($40,459)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($247,978)

($247,978)

Reduce operating expenses.

($699,692)

($699,692)

Provide for marketing funds for emerging international markets.

$50,000

$50,000

Amount appropriated in this Act

$7,420,911

$9,672,479

TUESDAY, MARCH 10, 2009

2179

13.5. Poultry Veterinary Diagnostic Labs

Purpose: Provide poultry disease diagnostic and monitoring services with a focus on avian influenza.

Total Funds

$3,398,423

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,398,423

State General Funds

$3,398,423

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 (HB990)

$3,638,336

$3,638,336

Defer state employees' salary increases effective January 1, 2009.

($76,184)

($76,184)

Reduce funding for Poultry Veterinary Diagnostic Labs.

($163,729)

($163,729)

Amount appropriated in this Act

$3,398,423

$3,398,423

Section 14: Banking and Finance, Department of Total Funds Federal Funds and Grants Other Funds State Funds State General Funds Intra-State Government Transfers

$11,808,125 $0 $0
$11,808,125 $11,808,125
$0

14.1. Administration Purpose: Provide administrative support to all department programs. Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$1,862,023 $0 $0
$1,862,023 $1,862,023
$0

2180

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 (HB990)

$2,089,102

$2,089,102

Defer state employees' salary increases effective January 1, 2009.

($21,808)

($21,808)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($120,653)

($120,653)

Eliminate 1 vacant district information systems specialist position.

($101,363)

($101,363)

Realign funding based on anticipated expenditures.

$16,745

$16,745

Amount appropriated in this Act

$1,862,023

$1,862,023

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

$523,227

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$523,227

State General Funds

$523,227

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 (HB990)

$550,974

$550,974

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$648

$648

TUESDAY, MARCH 10, 2009

2181

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Realign funding based on anticipated expenditures.
Amount appropriated in this Act

($6,555) ($32,840)
$11,000 $523,227

($6,555) ($32,840)
$11,000 $523,227

14.3. Consumer Protection and Assistance

Purpose: Assist consumers with problems encountered when dealing with department regulated entities.

Total Funds

$311,094

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$311,094

State General Funds

$311,094

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$660,553

$660,553

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,603

$1,603

Defer state employees' salary increases effective January 1, 2009.

($6,872)

($6,872)

Realign funding based on anticipated expenditures.

($124,966)

($124,966)

Eliminate 2 consumer and legal affairs specialists and 1 administrative assistant position, and transfer 1 legal and consumer affairs specialist to the Financial Institution Supervision program.

($219,224)

($219,224)

Amount appropriated in this Act

$311,094

$311,094

2182

JOURNAL OF THE HOUSE

14.4. Financial Institution Supervision

Purpose: Provide for safe and sound operation of Georgia state-chartered financial institutions, and protect the interests of the depositors, creditors, and shareholders of those institutions.

Total Funds

$7,381,314

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,381,314

State General Funds

$7,381,314

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,757,393

$7,757,393

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$43,163

$43,163

Defer state employees' salary increases effective January 1, 2009.

($87,276)

($87,276)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($453,342)

($453,342)

Realize efficiencies through reduced travel.

($1,500)

($1,500)

Redistribute funding and 1 position from Consumer Protection and Assistance program.

$122,876

$122,876

Amount appropriated in this Act

$7,381,314

$7,381,314

14.5. Mortgage Supervision

Purpose: Protect customers from unfair, deceptive, or fraudulent residential mortgage lending practices, and enforce applicable laws and regulations.

Total Funds

$1,730,467

Federal Funds and Grants

$0

Other Funds

$0

TUESDAY, MARCH 10, 2009

2183

State Funds

$1,730,467

State General Funds

$1,730,467

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,840,251

$1,840,251

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$883

$883

Defer state employees' salary increases effective January 1, 2009.

($18,077)

($18,077)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($107,090)

($107,090)

Realize efficiencies through reduced travel.

($1,500)

($1,500)

Realign funding based on anticipated expenditures.

$16,000

$16,000

Amount appropriated in this Act

$1,730,467

$1,730,467

Section 15: Community Affairs, Department of Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant 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
15.1. Administration

$206,546,554 $167,079,288
$100,000 $166,979,288
$14,550,665 $14,550,665 $24,741,601 $24,741,601
$175,000 $175,000

2184

JOURNAL OF THE HOUSE

Purpose: Provide administrative support for all programs of the department.

Total Funds

$5,276,861

Federal Funds and Grants

$1,611,802

Federal Funds Not Specifically Identified

$1,611,802

Other Funds

$1,822,101

Other Funds - Not Specifically Identified

$1,822,101

State Funds

$1,842,958

State General Funds

$1,842,958

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 (HB990)

$2,233,357

$5,571,760

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$37,841

$37,841

Defer state employees' salary increases effective January 1, 2009.

($19,327)

($19,327)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($98,413)

($98,413)

Provide for an additional reduction to operations.

$0

$0

Reduce operating expenses.

($15,000)

($15,000)

Reduce personal service costs to reflect projected expenditures.

($200,000)

($200,000)

Replace state funds with other funds for 2

($95,500)

$0

administrative positions.

Amount appropriated in this Act

$1,842,958

$5,276,861

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

$504,070

TUESDAY, MARCH 10, 2009

2185

Federal Funds and Grants

$0

Other Funds

$296,345

Other Funds - Not Specifically Identified

$296,345

State Funds

$207,725

State General Funds

$207,725

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$314,573

$554,277

Reflect allocation of telecommunication

$630

$630

expenses resulting from the GAIT

Outsourcing Project.

Defer state employees' salary increases effective January 1, 2009.

($3,428)

($3,428)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($17,409)

($17,409)

Reduce contract funds.

($30,000)

($30,000)

Replace state funds with other funds for a

($56,641)

$0

construction codes consultant position.

Amount appropriated in this Act

$207,725

$504,070

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

$3,488,415

Federal Funds and Grants

$0

Other Funds

$50,918

Other Funds - Not Specifically Identified

$50,918

State Funds

$3,437,497

State General Funds

$3,437,497

2186

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 (HB990)

$3,850,247

$3,901,165

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,936

$1,936

Defer state employees' salary increases effective January 1, 2009.

($20,741)

($20,741)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($100,334)

($100,334)

Reduce contract funds.

($176,856)

($176,856)

Eliminate 2 vacant planner positions.

($116,755)

($116,755)

Amount appropriated in this Act

$3,437,497

$3,488,415

15.4. Environmental Education and Assistance

Purpose: Provide technical assistance, resource tools, and public education outreach resources.

Total Funds

$4,276,385

Federal Funds and Grants

$6,000

Federal Funds Not Specifically Identified

$6,000

Other Funds

$3,380,480

Other Funds - Not Specifically Identified

$3,380,480

State Funds

$889,905

State General Funds

$889,905

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 (HB990)

$1,058,445

$4,444,925

TUESDAY, MARCH 10, 2009

2187

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contract funds.
Eliminate vacant human services program auditor position.
Amount appropriated in this Act

$1,639 ($7,328) ($55,851)
($54,000) ($53,000) $889,905

$1,639 ($7,328) ($55,851)
($54,000) ($53,000) $4,276,385

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

$47,130,102

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

$1,735,105

State General Funds

$1,735,105

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,066,924

$47,461,921

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,961

$2,961

Defer state employees' salary increases effective January 1, 2009.

($20,467)

($20,467)

2188

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce personal service costs to reflect projected expenditures.
Eliminate 1 vacant assistant commissioner position.
Reduce funds from Hands on Georgia challenge grants.
Amount appropriated in this Act

($61,342)
($65,000) ($167,971) ($20,000) $1,735,105

($61,342)
($65,000) ($167,971) ($20,000) $47,130,102

15.6. Homeownership Programs

Purpose: Expand the supply of standard affordable housing through rehabilitation and construction, and provide homeownership opportunities for low and moderateincome individuals.

Total Funds

$4,631,991

Federal Funds and Grants

$794,163

Federal Funds Not Specifically Identified

$794,163

Other Funds

$3,837,828

Other Funds - Not Specifically Identified

$3,837,828

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 (HB990)

$6,000,000

$6,000,000

TUESDAY, MARCH 10, 2009

2189

Eliminate funding for all Local Assistance Grants originally approved and included in H.B. 990.
Amount appropriated in this Act

($6,000,000) $0

($6,000,000) $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

$2,442,937

Federal Funds and Grants

$0

Other Funds

$500,000

Other Funds - Not Specifically Identified

$500,000

State Funds

$1,767,937

State General Funds

$1,767,937

Intra-State Government Transfers

$175,000

Other Intra-State Government Payments

$175,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,435,333

$2,935,333

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,810

$1,810

Defer state employees' salary increases effective January 1, 2009.

($17,999)

($17,999)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($117,832)

($117,832)

Reduce contract funds.

($25,000)

($25,000)

Reduce operating expenses.

($27,390)

($27,390)

Eliminate 1 vacant resource coordinator position.

($38,495)

($38,495)

2190

JOURNAL OF THE HOUSE

Reduce funds from grants for local governments through the Signatures Communities program. (CC:Reduce funds from grants for local governments through the Signature Communities and Communities of Opportunity programs and fund Communities of Opportunity grants through the OneGeorgia Authority.)
Reduce additional funds provided in FY 2009 for the Georgia Rural Water Association.
Reduce funds and transfer 2 rural economic development positions for the final quarter of FY09 to the OneGeorgia Authority.
Amount appropriated in this Act

($350,000)
($50,000) ($42,490) $1,767,937

($175,000)
($50,000) ($42,490) $2,442,937

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

$123,975,846

Federal Funds and Grants

$118,208,730

Federal Funds Not Specifically Identified

$118,208,730

Other Funds

$3,067,096

Other Funds - Not Specifically Identified

$3,067,096

State Funds

$2,700,020

State General Funds

$2,700,020

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 (HB990)

$3,287,829

$124,563,655

Reduce matching funds for the Affordable Home program.

($587,809)

($587,809)

Amount appropriated in this Act

$2,700,020

$123,975,846

15.10. Research and Surveys

TUESDAY, MARCH 10, 2009

2191

Purpose: Conduct surveys and collect financial/management data from local governments and authorities as directed by statute.

Total Funds

$552,840

Federal Funds and Grants

$0

Other Funds

$24,163

Other Funds - Not Specifically Identified

$24,163

State Funds

$528,677

State General Funds

$528,677

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$629,847

$654,010

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$809

$809

Defer state employees' salary increases effective January 1, 2009.

($6,000)

($6,000)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($32,786)

($32,786)

Reduce contract funds.

($20,693)

($20,693)

Reduce operating expenses.

($25,000)

($25,000)

Eliminate funds for temporary positions.

($17,500)

($17,500)

Amount appropriated in this Act

$528,677

$552,840

15.11. Special Housing Initiatives Purpose: Provide funding for special housing initiatives. Total Funds Federal Funds and Grants
Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds

$5,794,954 $1,354,596
$100,000 $1,254,596 $1,107,466

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Other Funds - Not Specifically Identified

$1,107,466

State Funds

$3,332,892

State General Funds

$3,332,892

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,632,892

$6,094,954

Remove new funds provided in FY 2009 for caseworkers to assist homeless families.

($300,000)

($300,000)

Amount appropriated in this Act

$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

$1,242,263

Federal Funds and Grants

$5,000

Federal Funds Not Specifically Identified

$5,000

Other Funds

$0

State Funds

$1,237,263

State General Funds

$1,237,263

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,395,728

$2,400,728

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,424

$2,424

Defer state employees' salary increases effective January 1, 2009.

($11,999)

($11,999)

TUESDAY, MARCH 10, 2009

2193

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce operating expenses.
Reduce contract funds.
Delete new funds provided in FY 2009 for an emergency operation facility in Fayette County.
Delete new funds provided in FY 2009 for the construction of an ADA compliant regional athletic facility in Hall County.
Delete new funds provided in FY 2009 to renovate and expand the Tift County Multipurpose Livestock Building.
Delete new funds provided in FY 2009 to renovate and expand the Jeff Davis County Multipurpose Livestock Building.
Delete new funds provided in FY 2009 for the City of Porterdale Community Center Gymnasium reconstruction.
Amount appropriated in this Act

($68,890)
($20,000) ($60,000) ($200,000) ($300,000) ($125,000) ($175,000) ($200,000) $1,237,263

($68,890)
($20,000) ($60,000) ($200,000) ($300,000) ($125,000) ($175,000) ($200,000) $1,242,263

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

$2,200,096

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

$2,031,828

State General Funds

$2,031,828

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Eliminate funds for the Life Sciences Facilities Fund. (CC:Eliminate the LSFF and transfer remaining reserves to the REBA program.)
Remove funds for the Georgia Cities grant due to completion of state's commitment to provide dollar for dollar match with a private foundation.
Reduce funds from the Regional Economic Business Assistance (REBA) program.
Amount appropriated in this Act

State Funds $8,939,055
$1,015 ($1,063) ($3,897)
($4,403,282)
($1,500,000)
($1,000,000) $2,031,828

Total Funds $9,107,323
$1,015 ($1,063) ($3,897)
($4,403,282)
($1,500,000)
($1,000,000) $2,200,096

The following appropriations are for agencies attached for administrative purposes.

15.14. Payments to Georgia Environmental Facilities Authority

Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects.

Total Funds

$967,325

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$967,325

State General Funds

$967,325

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

TUESDAY, MARCH 10, 2009

2195

previous appropriation act:
Amount from prior Appropriation Act (HB990)
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reflect H.B. 473 and establish a Clean Energy Grant program for renewable energy and energy efficiency to be administered by the Georgia Environmental Facilities Authority.
Reduce funds for Water Sewer Grants.
Reduce funds in the Land Conservation program.
Reduce funds the State Energy Strategy ($477,616), dues for the Southern States Energy Board ($35,782), and 1 position to coordinate energy savings programs added in HB 990(FY09)($139,232). (CC:Restore funds for dues for the Southern States Energy Board.)
Amount appropriated in this Act

State Funds $11,725,014
($24,033)
($16,026) $0
($100,000) ($10,000,000)
($617,630)
$967,325

Total Funds $11,725,014
($24,033)
($16,026) $0
($100,000) ($10,000,000)
($617,630)
$967,325

15.15. Payments to Georgia Regional Transportation Authority

Purpose: Improve Georgia's mobility, air quality, and land use practices.

Total Funds

$4,062,469

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$4,062,469

State General Funds

$4,062,469

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Replace state funds with other funds for operating expenses.
Amount appropriated in this Act

State Funds $4,857,300
($52,736) ($239,790)
($41,201) ($461,104) $4,062,469

Total Funds $4,857,300
($52,736) ($239,790)
($41,201) ($461,104) $4,062,469

15.16. Payments to OneGeorgia Authority

Purpose: Provide funds for the OneGeorgia Authority.

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 (HB990)

$47,123,333

$47,803,976

Transfer implementation grants for the

$0

$0

Communities of Opportunity program from

the Department of Community Affairs and

fund with existing funds.

Transfer two rural economic development

$0

$0

positions from the Department of

Community Affairs for the final quarter of

FY09 and fund with existing funds.

Replace Tobacco Settlement Funds with other funds for operations.

($47,123,333)

($47,803,976)

TUESDAY, MARCH 10, 2009

2197

Amount appropriated in this Act

$0

$0

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 Prior Year Funds - Other Prior Year funds State General Funds State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies

$10,722,035,612 $5,835,706,444 $5,582,667,629 $253,038,815 $466,656,454 $77,203,464 $139,386,524 $30,345,470 $219,720,996 $1,930,530,487 $114,404,322 $1,816,126,165 $2,489,142,227 $2,208,284,965 $280,857,262

16.1. Administration

Purpose: Provide administrative support to all departmental programs.

Total Funds

$401,799,987

Federal Funds and Grants

$286,433,958

Medical Assistance Program

$263,279,923

State Children's Insurance Program

$23,154,035

Other Funds

$232,160

Agency Funds

$232,160

State Funds

$93,270,005

State General Funds

$93,270,005

Intra-State Government Transfers

$21,863,864

Health Insurance Payments

$21,863,864

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$106,922,412

$431,809,973

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Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funds for under-utilized contracts (Total Funds: $22,688,509).
Reduce funds for personal services by maintaining vacant positions.
Reduce operating expenses.
Reduce funds for the Health Information Exchange contract. (CC:Provide funds to continue implementation of the Health Information Exchange pilot program.)
Amount appropriated in this Act

$57,047 ($224,411) ($838,238)
$0 ($10,193,410)
($1,064,215) ($1,389,180)
$0
$93,270,005

$57,047 ($510,000) ($1,961,734)
$0 ($22,688,509)
($2,128,430) ($2,778,360)
$0
$401,799,987

16.2. Aged, Blind and Disabled Medicaid

Purpose: Improve healthcare access primarily to elderly and disabled individuals.

Total Funds

$4,195,853,626

Federal Funds and Grants

$2,854,993,447

Medical Assistance Program

$2,854,993,447

Other Funds

$229,684,470

Agency Funds

$62,342,988

Prior Year funds State General Funds

$167,341,482

State Funds

$843,887,077

State General Funds

$843,887,077

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

TUESDAY, MARCH 10, 2009

previous appropriation act:

Amount from prior Appropriation Act (HB990)
Defer rate increases provided for in FY 2009 for the following service providers: ambulance ($1,400,743), dental ($90,553), home health ($1,136,283), inpatient and outpatient hospital ($8,669,645), physician ($3,420,322), HealthCheck ($18,261), digital mammography ($113,492), global maternity ($436,612), and personal support services in the Independent Care Waiver Program (ICWP) ($354,680) (Total Funds: $43,615,702).
Reflect savings from the public assistance reporting and information system (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payors.
Defer conversion to Fair Rental Value Scale (FRVS) indices for the nursing home per diem rate provided for in FY 2009.
Defer the cost report update and 1% quality incentive payment for nursing facilities provided for in FY 2009.
Delay implementation of 75 new Independent Care Waiver Program (ICWP) slots until January 1, 2009.
Reduce funds to reflect projected FY 2009 state funds surplus.
Perform expedited eligibility reviews of Ex Parte Medicaid members.
Recognize additional savings from fraud and abuse recoveries.
Reflect audited FY 2008 Incurred But Not Reported claim liability.
Reflect additional Incurred But Not Reported (IBNR) claims reserves.

State Funds $1,138,859,171
($15,640,591)
($799,673)
($12,658,580) ($6,784,574) ($586,822)
($18,030,020) ($1,931,710) ($1,326,011) $0
($14,820,314)

2199
Total Funds $3,998,933,946
($43,615,702)
($2,229,986)
($35,300,000) ($18,919,615)
($1,636,425) ($50,278,918)
($5,386,810) ($3,697,744) $361,451,531
$0

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Increase federal funds to reflect change in Medicaid federal participation rate.
Replace state general funds with prior year reserves from the Indigent Care Trust Fund.
Amount appropriated in this Act

($221,150,658) ($1,243,141) $843,887,077

$0 ($3,466,651) $4,195,853,626

16.3. Health Care Access and Improvement

Purpose: Improve the health, wellness and access to healthcare for Georgians.

Total Funds

$11,744,760

Federal Funds and Grants

$587,148

Medical Assistance Program

$587,148

Other Funds

$100,000

Agency Funds

$100,000

State Funds

$11,057,612

State General Funds

$11,057,612

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$25,584,060

$26,272,898

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$117

$117

Defer state employees' salary increases effective January 1, 2009.

($6,488)

($6,553)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($170,077)

($171,702)

Defer funds for the Southeastern Firefighter's Burn Foundation provided for in FY 2009.

($400,000)

($400,000)

Reduce funding for the Office of Rural Health Community Service grants.

($250,000)

($250,000)

TUESDAY, MARCH 10, 2009

2201

Defer funds for the Georgia Association of Primary Health Care provided for in FY 2009. (CC:Provide funding to the Georgia Association for Primary Health Care for start-up expenses incurred by new Community Health Centers at the following sites: Montgomery County, Jones County, Clarke County, and Effingham County and 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.)
Defer funds for safety net clinics provided for in FY 2009.
Defer funds for the Georgia Marketplace Authority provided for in FY 2009.
Defer funds for the Wellness Incentive Pilot program provided for in FY 2009.
Defer funds for the Rural Health Initiative provided for in FY 2009.
Amount appropriated in this Act

$0
($950,000) ($2,000,000)
($150,000) ($10,600,000)
$11,057,612

$0
($950,000) ($2,000,000)
($150,000) ($10,600,000)
$11,744,760

16.4. Indigent Care Trust Fund

Purpose: Support rural and other healthcare providers, primarily hospitals that serve medically indigent Georgians.

Total Funds

$412,381,245

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

$13,718,752

State General Funds

$13,718,752

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB990)
Provide state matching funds for private hospitals considered "deemed" by federal standards for the Disproportionate Share Hospital (DSH) program. (CC:Provide state matching funds for private hospitals seeking federal Disproportionate Share Hospital (DSH) funds.)
Amount appropriated in this Act

State Funds $0
$13,718,752
$13,718,752

Total Funds $398,662,493
$13,718,752
$412,381,245

16.5. Low-Income Medicaid

Purpose: Improve healthcare access primarily to low-income individuals.

Total Funds

$2,778,410,037

Federal Funds and Grants

$1,984,656,867

Medical Assistance Program

$1,984,656,867

Other Funds

$64,362,376

Agency Funds

$12,328,316

Prior Year funds State General Funds

$52,034,060

State Funds

$715,973,947

Tobacco Funds

$114,404,322

State General Funds

$601,569,625

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 (HB990)

$967,807,351

$3,154,813,458

Defer rate increases provided for in FY 2009 for the following service providers: ambulance ($49,439), dental ($920,625), home health ($232,918), inpatient and outpatient hospital ($12,907,415), physician ($6,634,288), HealthCheck ($491,362), digital mammography ($223,778), global

($22,706,571)

($63,320,054)

TUESDAY, MARCH 10, 2009

2203

maternity ($1,245,828), and personal support services in the Independent Care Waiver Program (ICWP) ($918) (Total Funds: $63,320,053).
Recognize additional savings from fraud and abuse recoveries.
Reflect savings from the public assistance reporting and information system (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payors.
Reduce funds to reflect projected FY 2009 state funds surplus.
Replace state general funds with tobacco funds for Medicaid benefits. (CC:YES)
Perform expedited eligibility reviews of Ex Parte Medicaid members.
Reflect audited FY 2008 Incurred But Not Reported claim liability.
Reduce funds to reflect revised Care Management Organization (CMO) fee projections.
Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

($215,862) ($993,327)
($19,219,286) $0
($1,608,710) $0
($1,240,306)
($205,849,342) $715,973,947

($601,958) ($2,770,014)
($53,595,332) $0
($4,486,085) ($248,171,233)
($3,458,745)
$0 $2,778,410,037

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

$346,799,156

Federal Funds and Grants

$222,074,275

Medical Assistance Program

$222,074,275

Other Funds

$0

State Funds

$124,724,881

State General Funds

$124,724,881

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

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JOURNAL OF THE HOUSE

previous appropriation act:
Amount from prior Appropriation Act (HB990) Increase nursing home provider fee collections to reflect updated projection. Amount appropriated in this Act

State Funds $120,805,958
$3,918,923
$124,724,881

Total Funds $335,870,759
$10,928,397
$346,799,156

16.7. PeachCare

Purpose: Improve access to healthcare for qualified low-income Georgia children.

Total Funds

$306,935,487

Federal Funds and Grants

$229,884,780

State Children's Insurance Program

$229,884,780

Other Funds

$345,454

Prior Year funds State General Funds

$345,454

State Funds

$76,553,470

State General Funds

$76,553,470

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 (HB990)

$98,672,929

$393,671,223

Defer rate increases provided for in FY 2009 for the following service providers: ambulance ($47,866), dental ($216,322), home health ($4,254), inpatient and outpatient hospital ($613,266), physician ($230,301), HealthCheck ($47,683), digital mammography ($21,146), and global maternity ($104,078) (Total Funds: $5,119,187).

($1,284,916)

($5,119,187)

Reduce funds to reflect revised CMO fee projections.

($3,215,498)

($12,810,749)

Reduce funds to reflect projected FY 2009 state funds surplus.

($17,619,045)

($70,195,398)

TUESDAY, MARCH 10, 2009

2205

Reflect audited FY 2008 Incurred But Not Reported claim liability.
Amount appropriated in this Act

$0 $76,553,470

$1,389,598 $306,935,487

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

$2,216,766,571

Federal Funds and Grants

$0

Other Funds

$30,345,470

Prior Year Funds - Other

$30,345,470

State Funds

$0

Intra-State Government Transfers

$2,186,421,101

Health Insurance Payments

$2,186,421,101

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$2,704,743,166

Increase Health Insurance Payments to reflect projected revenue.

$0

$295,535,893

Reduce employer contribution rate for state employees from 22.165% to 1.926%, reduce employer contribution rate for teachers, librarians and school employees from 18.534% to 8.579%, reduce state contribution for non-certificated employees and retirees, and use reserves. (Revised: Reflect an adjustment from 1.926% to 0% for state employees effective March 1, 2009 through June 30, 2009, and reflect an adjustment from 8.579% to 3.668% for teachers and school employees effective March 1, 2009 through June 30, 2009.)

$0

($783,512,488)

Amount appropriated in this Act

$0

$2,216,766,571

For Fiscal Year 2009, it is the intent of this General Assembly that the employer contribution rate to the State Health Benefit Plan on behalf of teachers shall not exceed 18.534% for July 1, 2008 through January 31, 2009, 8.579% for February, and 3.668%

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for March 1, 2008 through June 30, 2009; and the employer contribution rate on behalf of state employees shall not exceed 22.165% for July 1, 2008 through January 31, 2009, 1.926% for February, and 0% for March 1, 2009 through June 30, 2009.

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

$2,040,249

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,040,249

State General Funds

$2,040,249

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,394,849

$2,394,849

Defer state employees' salary increases effective January 1, 2009.

($25,552)

($25,552)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($126,531)

($126,531)

Provide for an additional reduction to operations.

($20,696)

($20,696)

Reduce funding for case reviewers ($40,000) and medical peer reviews ($24,000).

($64,000)

($64,000)

Reduce funds for telecommunication and rent expenses to reflect anticipated revenues.

($60,821)

($60,821)

Reduce hearing-related operating expenses, including employee travel, newsletter and publications expenses.

($57,000)

($57,000)

TUESDAY, MARCH 10, 2009

2207

Amount appropriated in this Act

$2,040,249

$2,040,249

16.10. Georgia Board for Physician Workforce, Administration

Purpose: Provide administrative support to all agency programs.

Total Funds

$662,876

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$662,876

State General Funds

$662,876

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$855,498

$855,498

Defer state employees' salary increases effective January 1, 2009.

($29,146)

($29,146)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($31,476)

($31,476)

Provide for an additional reduction to operations.

($10,000)

($10,000)

Remove funding provided in FY 2009 for interns to assist on physician workforce projects.

($12,000)

($12,000)

Defer medical education expansion study provided for in FY 2009.

($110,000)

($110,000)

Amount appropriated in this Act

$662,876

$662,876

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

$9,002,811

Federal Funds and Grants

$0

Other Funds

$0

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JOURNAL OF THE HOUSE

State Funds

$9,002,811

State General Funds

$9,002,811

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,853,061

$9,853,061

Provide for an additional reduction to operations.

($25,000)

($25,000)

Reduce new funding provided in FY 2009 for graduate medical education. (CC:Reduce funding by 3.5% for all graduate medical education.)

($343,977)

($343,977)

Defer funding for the Athens/Gainesville Area Development.

($481,273)

($481,273)

Amount appropriated in this Act

$9,002,811

$9,002,811

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

$22,922,360

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$22,922,360

State General Funds

$22,922,360

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$24,560,862

$24,560,862

Provide for an additional reduction to operations.

$0

$0

Decrease Mercer University School of Medicine operating grant by 6.7%.

($1,638,502)

($1,638,502)

Amount appropriated in this Act

$22,922,360

$22,922,360

TUESDAY, MARCH 10, 2009

2209

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

$12,130,220

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$12,130,220

State General Funds

$12,130,220

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$12,997,293

$12,997,293

Provide for an additional reduction to operations.

$0

$0

Decrease Morehouse School of Medicine operating grant by 6.7%.

($867,073)

($867,073)

Amount appropriated in this Act

$12,130,220

$12,130,220

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

$3,267,424

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,267,424

State General Funds

$3,267,424

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)

State Funds $3,538,484

Total Funds $3,538,484

2210

JOURNAL OF THE HOUSE

Provide for an additional reduction to operations.
Decrease funding for the undergraduate medical education program.
Amount appropriated in this Act

($35,000) ($236,060) $3,267,424

($35,000) ($236,060) $3,267,424

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

$1,318,803

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,318,803

State General Funds

$1,318,803

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 (HB990)

$1,439,892

$1,439,892

Defer state employees' salary increases effective January 1, 2009.

($11,251)

($11,251)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($13,160)

($13,160)

Provide for an additional reduction to operations.

($13,330)

($13,330)

Discontinue contract with Georgia Student Finance Commission for loan and scholarship tracking, and administer internally.

($15,000)

($15,000)

Decrease funds for annual medical fair to recruit physicians to rural communities.

($8,348)

($8,348)

Decrease funding for medical scholarship awards.

($60,000)

($60,000)

TUESDAY, MARCH 10, 2009

Amount appropriated in this Act

$1,318,803

2211 $1,318,803

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 Other Intra-State Government Payments

$1,091,939,132 $5,889,638 $5,889,638
$31,856,093 $31,856,093 $1,043,637,575 $1,043,637,575 $10,555,826 $10,555,826

17.1. Administration

Purpose: Protect and serve the citizens of Georgia by administering an effective, efficient, and balanced correctional system.

Total Funds

$53,395,800

Federal Funds and Grants

$2,462,251

Federal Funds Not Specifically Identified

$2,462,251

Other Funds

$102,491

Other Funds - Not Specifically Identified

$102,491

State Funds

$50,831,058

State General Funds

$50,831,058

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$55,017,209

$57,581,951

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,750,407

$2,750,407

Defer state employees' salary increases effective January 1, 2009.

($516,295)

($516,295)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to

($1,998,398)

($1,998,398)

2212

JOURNAL OF THE HOUSE

1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Adjust funds due to a change in occupancy dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons.
Realize efficiencies in staffing patterns for counselors, secretaries, clerks, and chaplains.
Reduce cost of operations agency-wide.
Consolidate training activities at the new Tift College campus.
Realize savings in communications center operations through the use of updated technology.
Reduce contractual services funding.
Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.
Reduce funding for motor vehicle purchases.
Amount appropriated in this Act

($19,073)
($290,588) ($1,770,425) ($1,303,798)
($361,756)
($260,100) ($3,405)
($412,720) $50,831,058

($19,073)
($290,588) ($1,770,425) ($1,303,798)
($361,756)
($260,100) ($3,405)
($412,720) $53,395,800

17.2. Bainbridge PSATC

Purpose: Provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision.

Total Funds

$5,920,883

Federal Funds and Grants

$20,743

Federal Funds Not Specifically Identified

$20,743

Other Funds

$172,046

Other Funds - Not Specifically Identified

$172,046

State Funds

$5,728,094

State General Funds

$5,728,094

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)

State Funds $6,408,425

Total Funds $6,601,214

TUESDAY, MARCH 10, 2009

2213

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce cost of operations agency-wide.
Reduce funds from the contract with Spectrum to provide substance abuse treatment and utilize other available revenue.
Amount appropriated in this Act

$371 ($103,998) ($199,718)
($139,405) ($237,581) $5,728,094

$371 ($103,998) ($199,718)
($139,405) ($237,581) $5,920,883

17.3. Food and Farm Operations

Purpose: Raise crops and livestock, and produce dairy items used in preparing meals for offenders.

Total Funds

$13,197,084

Federal Funds and Grants

$0

Other Funds

$2,100,000

Other Funds - Not Specifically Identified

$2,100,000

State Funds

$11,097,084

State General Funds

$11,097,084

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$14,017,358

$16,117,358

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$18,601

$18,601

Defer state employees' salary increases effective January 1, 2009.

($80,186)

($80,186)

2214

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Adjust funds due to a change in occupancy dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons.
Reduce cost of operations agency-wide.
Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.
Reduce funds from reserves for operations to one and a half months.
Amount appropriated in this Act

($292,863)
($69,519) ($993,544)
($2,763) ($1,500,000) $11,097,084

($292,863)
($69,519) ($993,544)
($2,763) ($1,500,000) $13,197,084

17.4. Health

Purpose: Provide the required constitutional level of health care to the inmates of the correctional system in the most cost-effective and humane manner possible.

Total Funds

$221,908,571

Federal Funds and Grants

$0

Other Funds

$8,390,000

Other Funds - Not Specifically Identified

$8,390,000

State Funds

$213,518,571

State General Funds

$213,518,571

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$218,169,039

$226,559,039

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$9,143

$9,143

Defer state employees' salary increases effective January 1, 2009.

($176,259)

($176,259)

TUESDAY, MARCH 10, 2009

2215

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Adjust funds due to a change in occupancy dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons.
Reduce cost of operations agency-wide.
Reduce funds for inmate medical services.
Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.
Amount appropriated in this Act

($677,562)
($1,647,950) ($376,257)
($1,000,000) ($781,583)
$213,518,571

($677,562)
($1,647,950) ($376,257)
($1,000,000) ($781,583)
$221,908,571

17.5. Jail Subsidy

Purpose: Reimburse counties for the costs of incarcerating state prisoners in their local facilities.

Total Funds

$8,596,724

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$8,596,724

State General Funds

$8,596,724

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 (HB990)

$6,196,724

$6,196,724

Increase funds for County Jail Subsidy payments ($1,000,000) and transfer funds from the Offender Management program ($1,400,000).

$2,400,000

$2,400,000

Amount appropriated in this Act

$8,596,724

$8,596,724

17.6. Offender Management

Purpose: Provide cost-effective correctional services that ensure public safety.

Total Funds

$42,228,133

2216

JOURNAL OF THE HOUSE

Federal Funds and Grants

$0

Other Funds

$30,000

Other Funds - Not Specifically Identified

$30,000

State Funds

$42,198,133

State General Funds

$42,198,133

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 (HB990)

$44,612,613

$44,642,613

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$40,335

$40,335

Defer state employees' salary increases effective January 1, 2009.

($48,806)

($48,806)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($200,220)

($200,220)

Reduce cost of operations agency-wide.

($183,836)

($183,836)

Reduce the number of canine teams in the state from 31 to 17.

($78,782)

($78,782)

Defer departmental participation on 2 regional fugitive task forces.

($543,171)

($543,171)

Transfer funds to the County Jail Subsidy program as a result of managing bed space at County Correctional Institutions (CCI) at a 95% utilization rate.

($1,400,000)

($1,400,000)

Amount appropriated in this Act

$42,198,133

$42,228,133

17.7. Parole Revocation Centers Purpose: Provide a sanction for parole violations. Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified

$4,544,686 $10,510 $10,510

TUESDAY, MARCH 10, 2009

2217

Other Funds

$405,000

Other Funds - Not Specifically Identified

$405,000

State Funds

$4,129,176

State General Funds

$4,129,176

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 (HB990)

$4,658,760

$5,074,270

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,623

$11,623

Defer state employees' salary increases effective January 1, 2009.

($186,837)

($186,837)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($205,357)

($205,357)

Reduce cost of operations agency-wide.

($149,013)

($149,013)

Amount appropriated in this Act

$4,129,176

$4,544,686

17.8. Private Prisons

Purpose: Provide a cost-effective correctional service that ensures public safety.

Total Funds

$83,084,359

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$83,084,359

State General Funds

$83,084,359

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$85,297,250

$85,297,250

2218

JOURNAL OF THE HOUSE

Eliminate the private prison Consumer Price Index (CPI) adjustment for FY 2009.
Eliminate RFP contract funds and redirect $804,856 to eliminate the population drawdown at private prisons.
Amount appropriated in this Act

($2,017,747) ($195,144)
$83,084,359

($2,017,747) ($195,144)
$83,084,359

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

$40,472,925

Federal Funds and Grants

$671,975

Federal Funds Not Specifically Identified

$671,975

Other Funds

$6,002,836

Other Funds - Not Specifically Identified

$6,002,836

State Funds

$33,781,623

State General Funds

$33,781,623

Intra-State Government Transfers

$16,491

Other Intra-State Government Payments

$16,491

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$46,960,470

$53,651,772

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$99,945

$99,945

Defer state employees' salary increases effective January 1, 2009.

($1,294,265)

($1,294,265)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($2,022,060)

($2,022,060)

Reduce cost of operations agency-wide.

($1,502,734)

($1,502,734)

Reduce personal services due to departmentwide hiring freeze.

($255,875)

($255,875)

TUESDAY, MARCH 10, 2009

2219

Close the I.W. Davis and Terrell Probation Detention Centers.
Redistribute funding and 47 positions to the Transition Center (TC) program to reflect the remissioning of one unit of the Emanuel Probation Detention Center as a TC.
Redistribute funding and 49 positions to the State Prisons program to reflect the remissioning of West Central Probation Detention Center as a Pre-Release Center.
Amount appropriated in this Act

($3,275,279) ($2,314,792) ($2,613,787) $33,781,623

($3,275,279) ($2,314,792) ($2,613,787) $40,472,925

17.10. Probation Diversion Centers

Purpose: Provide a residential sentencing option that allows offenders to continue to work in the community while receiving close supervision from corrections officials.

Total Funds

$4,656,356

Federal Funds and Grants

$0

Other Funds

$3,105,003

Other Funds - Not Specifically Identified

$3,105,003

State Funds

$1,551,353

State General Funds

$1,551,353

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 (HB990)

$7,628,790

$10,733,793

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$12,856

$12,856

Defer state employees' salary increases effective January 1, 2009.

($291,681)

($291,681)

Reduce the State Health Benefit Plan

$0

$0

employer contribution rate from 22.165% to

1.926%, effective February 1, 2009 through

June 30, 2009. (Revised: Reduce employer

contribution rate to 1.926% for February and

to 0%, effective March 1, 2009.)

2220

JOURNAL OF THE HOUSE

Continue the migration from the Diversion Center sentencing option to a program intensive Day Reporting Center option by closing the 4 remaining diversion centers.
Redistribute funding and 24 positions to the Probation Supervision program to continue the migration from the Diversion Center sentencing option to a program intensive Day Reporting Center (DRC) option by establishing 3 new DRCs.
Redistribute funding and 31 positions to the Transition Center (TC) program to reflect the remissioning of Clayton Diversion Center as a TC.
Amount appropriated in this Act

($4,568,838) ($1,073,615)
($156,159) $1,551,353

($4,568,838) ($1,073,615)
($156,159) $4,656,356

17.11. Probation Supervision

Purpose: Supervise probationers.

Total Funds

$80,098,763

Federal Funds and Grants

$60,032

Federal Funds Not Specifically Identified

$60,032

Other Funds

$159,114

Other Funds - Not Specifically Identified

$159,114

State Funds

$79,879,617

State General Funds

$79,879,617

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$86,521,774

$86,740,920

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$365,784

$365,784

Defer state employees' salary increases effective January 1, 2009.

($888,066)

($888,066)

TUESDAY, MARCH 10, 2009

2221

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce personal services due to departmentwide hiring freeze.
Reduce cost of operations agency-wide.
Redistribute funding and 24 positions from the Probation Diversion Center program to continue the migration from the Diversion Center sentencing option to a program intensive Day Reporting Center (DRC) by establishing 3 new DRCs.
Reduce funding for motor vehicle purchases.
Amount appropriated in this Act

($4,383,847)
($440,093) ($2,344,124)
$1,073,615
($25,426) $79,879,617

($4,383,847)
($440,093) ($2,344,124)
$1,073,615
($25,426) $80,098,763

17.12. State Prisons

Purpose: House violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment.

Total Funds

$507,143,451

Federal Funds and Grants

$2,664,127

Federal Funds Not Specifically Identified

$2,664,127

Other Funds

$11,389,603

Other Funds - Not Specifically Identified

$11,389,603

State Funds

$482,781,514

State General Funds

$482,781,514

Intra-State Government Transfers

$10,308,207

Other Intra-State Government Payments

$10,308,207

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$553,749,700

$578,111,637

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$982,187

$982,187

2222

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Realize efficiencies in staffing patterns for counselors, secretaries, clerks, and chaplains.
Reduce cost of operations agency-wide.
Reduce the number of canine teams in the state from 31 to 17.
Adjust funds due to a change in occupancy dates for fast track units at Smith, Valdosta, Coastal, Hays, and Ware State Prisons with adjustments to funding and elimination of 16 positions each at Coastal, Hays, and Ware based on a more streamlined funding model.
Close 4 State Prison (SP) facilities identified as "non-enduring" in the 2007 facility master plan: Rivers SP, Wayne SP, Homerville SP, and Milan SP; and, in addition, West Georgia Boot Camp, and Pelham PreRelease Center.
Redistribute funding and 49 positions from the Probation Detention Center Program (PDC) to reflect the remissioning of West Central PDC as a Pre-Release Center.
Reduce academic ($331,320) and vocational ($116,751) education programs.
Reduce security overtime in the state prisons program through staff realignment from facility closures.
Reduce personal services due to a department-wide hiring freeze.
Eliminate 7 central office positions and reduce the central operating budget for statewide fire services.

($11,933,141) ($24,476,802)
($444,962) ($10,994,843)
($450,984) ($4,115,386)
($16,517,234)
$2,613,787
($448,071) ($4,342,733)
$0 $0

($11,933,141) ($24,476,802)
($444,962) ($10,994,843)
($450,984) ($4,115,386)
($16,517,234)
$2,613,787
($448,071) ($4,342,733)
$0 $0

TUESDAY, MARCH 10, 2009

2223

Reduce funds from the Residential Substance Abuse Treatment (RSAT) contract and utilize other available funds.
Amount appropriated in this Act

($840,004) $482,781,514

($840,004) $507,143,451

17.13. Transition Centers

Purpose: Provide "work release" opportunities for inmates nearing the end of their prison term, allowing them 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

$26,691,397

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$26,460,269

State General Funds

$26,460,269

Intra-State Government Transfers

$231,128

Other Intra-State Government Payments

$231,128

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$28,430,020

$28,661,148

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$65,382

$65,382

Defer state employees' salary increases effective January 1, 2009.

($526,551)

($526,551)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,341,410)

($1,341,410)

Reduce cost of operations agency-wide.

($865,241)

($865,241)

Reduce personal services due to departmentwide hiring freeze.

($128,409)

($128,409)

Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.

($1,644,473)

($1,644,473)

2224

JOURNAL OF THE HOUSE

Redistribute funding and 31 positions from the Probation Diversion Center (DC) program to reflect the remissioning of Clayton DC as a Transition Center.
Redistribute funding and 47 positions from the Probation Detention Center Program (PDC) to reflect the remissioning of one unit of the Emanuel PDC as a Transition Center.
Amount appropriated in this Act

$156,159 $2,314,792 $26,460,269

$156,159 $2,314,792 $26,691,397

Section 18: Defense, 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

$39,480,104 $28,312,701 $28,312,701
$816,341 $813,441
$2,900 $10,351,062 $10,351,062
$0

18.1. Administration

Purpose: Provide administration to the organized militia in the State of Georgia.

Total Funds

$1,486,794

Federal Funds and Grants

$409,445

Federal Funds Not Specifically Identified

$409,445

Other Funds

$0

State Funds

$1,077,349

State General Funds

$1,077,349

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 (HB990)

$1,326,490

$1,735,935

TUESDAY, MARCH 10, 2009

2225

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Defer filling vacancies agency-wide.
Reduce travel to out-of-state conferences and meetings.
Transfer funds to the Military Readiness program to lease a facility for the new 348th Brigade Support Battalion.
Discontinue the Recruiting Incentive Bonus program.
Amount appropriated in this Act

$705 ($13,930) ($55,916)
$0 ($55,000) ($4,000) ($66,000) ($55,000) $1,077,349

$705 ($13,930) ($55,916)
$0 ($55,000) ($4,000) ($66,000) ($55,000) $1,486,794

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 ensure the safety and well being of all citizens.

Total Funds

$25,537,252

Federal Funds and Grants

$20,100,133

Federal Funds Not Specifically Identified

$20,100,133

Other Funds

$816,341

Agency Funds

$813,441

Other Funds - Not Specifically Identified

$2,900

State Funds

$4,620,778

State General Funds

$4,620,778

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2226

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Defer filling vacancies agency-wide.
Reduce travel to out-of-state conferences and meetings.
Transfer funds from the Administration program to lease a facility for the new 348th Brigade Support Battalion.
Diminish operating costs by utilizing alternative means for the publication of the Georgia Guardsman.
Amount appropriated in this Act

State Funds $5,052,603
$1,614
($56,012) ($172,764)
($102,663) ($150,000)
($3,000) $66,000
($15,000)
$4,620,778

Total Funds $25,969,077
$1,614
($56,012) ($172,764)
($102,663) ($150,000)
($3,000) $66,000
($15,000)
$25,537,252

18.3. Youth Educational Services

Purpose: Provide educational and vocational opportunities to at-risk youth in Georgia.

Total Funds

$12,456,058

Federal Funds and Grants

$7,803,123

Federal Funds Not Specifically Identified

$7,803,123

Other Funds

$0

State Funds

$4,652,935

State General Funds

$4,652,935

Intra-State Government Transfers

$0

TUESDAY, MARCH 10, 2009

2227

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,337,548

$13,140,671

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$166

$166

Defer state employees' salary increases effective January 1, 2009.

($47,502)

($47,502)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($237,277)

($237,277)

Remove state funds for new Savannah Starbase program provided in FY 2009.

($400,000)

($400,000)

Realize operational efficiencies at each

$0

$0

Youth Challenge Academy.

Amount appropriated in this Act

$4,652,935

$12,456,058

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

$58,090,857 $0
$2,844,040 $2,844,040 $55,246,817 $55,246,817
$0

19.1. Customer Service Support

Purpose: Administer license issuance and regulatory compliance services.

Total Funds

$8,931,091

Federal Funds and Grants

$0

Other Funds

$500,857

Other Funds - Not Specifically Identified

$500,857

2228

JOURNAL OF THE HOUSE

State Funds

$8,430,234

State General Funds

$8,430,234

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 (HB990)

$9,397,002

$9,897,859

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$105,867

$105,867

Defer state employees' salary increases effective January 1, 2009.

($64,919)

($64,919)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($336,267)

($336,267)

Defer filling vacant positions for the Secure License initiative funded in FY 2009.

($99,649)

($99,649)

Realize operational efficiencies through modifications to service delivery and operations costs.

($137,025)

($137,025)

Reduce data line charges due to efficiencies realized after driver data cleanup.

($100,000)

($100,000)

Reduce funding for public service announcements, travel, and recruitment.

($191,599)

($191,599)

Reduce operating expenses agency-wide.

($83,576)

($83,576)

Reduce postage expenses by using electronic receipt of certified mail for official purposes.

($59,600)

($59,600)

Amount appropriated in this Act

$8,430,234

$8,931,091

19.2. License Issuance

Purpose: Issue Georgia driver's licenses and license renewals through alternative methods in the most cost effective and efficient manner.

Total Funds

$45,154,805

Federal Funds and Grants

$0

TUESDAY, MARCH 10, 2009

2229

Other Funds

$1,827,835

Other Funds - Not Specifically Identified

$1,827,835

State Funds

$43,326,970

State General Funds

$43,326,970

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$48,970,925

$50,798,760

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$502,743

$502,743

Defer state employees' salary increases effective January 1, 2009.

($693,948)

($693,948)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,873,819)

($1,873,819)

Provide for an additional reduction to operations.

($559,653)

($559,653)

Defer filling vacant positions for the Secure License initiative funded in FY 2009.

($874,802)

($874,802)

Realize operational efficiencies through modifications to service delivery and operations costs.

($36,976)

($36,976)

Reduce data line charges due to efficiencies realized after driver data cleanup.

($200,000)

($200,000)

Reduce funding for public service announcements, travel, and recruitment.

($66,055)

($66,055)

Reduce operating expenses agency-wide.

($299,250)

($299,250)

Defer funding for motor vehicle purchases.

($130,000)

($130,000)

Realize savings through monitored distribution of driver license manuals and utilization of online versions.

($300,000)

($300,000)

2230

JOURNAL OF THE HOUSE

Delay opening the Forsyth Customer Service Center until January 2009 and the Walton County Customer Service Center until July 2009.
Defer the opening of the Clayton and defer the relocation of the Toccoa Customer Service Centers and eliminate 3 positions.
Amount appropriated in this Act

($980,559) ($131,636) $43,326,970

($980,559) ($131,636) $45,154,805

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

$4,004,961

Federal Funds and Grants

$0

Other Funds

$515,348

Other Funds - Not Specifically Identified

$515,348

State Funds

$3,489,613

State General Funds

$3,489,613

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 (HB990)

$4,423,584

$4,938,932

Defer state employees' salary increases effective January 1, 2009.

($20,195)

($20,195)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($104,603)

($104,603)

Realize operational efficiencies through modifications to service delivery and operations costs.

($387,149)

($387,149)

Reduce funding for public service announcements, travel, and recruitment.

($8,500)

($8,500)

TUESDAY, MARCH 10, 2009

2231

Reduce funding by only offering Alcohol and Drug Awareness Program makeup courses online.
Institute risk-based auditing for driver education and third party commercial driver's license tester programs.
Reduce operating expenses agency-wide.
Reduce funding for the Georgia Driver's Education Commission.
Amount appropriated in this Act

($75,000)
($40,000)
($22,903) ($275,621) $3,489,613

($75,000)
($40,000)
($22,903) ($275,621) $4,004,961

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

$461,853,679 $124,640,740
$310,000 $124,330,740
$55,000 $55,000 $337,157,939 $333,389,096 $3,768,843
$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

$7,846,760

Federal Funds and Grants

$4,022,917

Child Care & Development Block Grant

$310,000

Federal Funds Not Specifically Identified

$3,712,917

Other Funds

$55,000

Other Funds - Not Specifically Identified

$55,000

State Funds

$3,768,843

State General Funds

$3,768,843

Intra-State Government Transfers

$0

2232

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 (HB990)

$4,574,106

$8,652,023

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,866

$4,866

Defer state employees' salary increases effective January 1, 2009.

($54,307)

($54,307)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($250,689)

($250,689)

Provide for an additional reduction to operations.

($38,253)

($38,253)

Freeze 1 Child Care licensing position.

($46,000)

($46,000)

Reduce operating expenses in the Child Care Services program.

($279,174)

($279,174)

Close regional office in Martinez, Georgia and maintain same level of service.

($54,369)

($54,369)

Reduce personal services.

($87,337)

($87,337)

Amount appropriated in this Act

$3,768,843

$7,846,760

20.2. Nutrition

Purpose: To ensure that eligible children and adults receive USDA compliant meals.

Total Funds

$102,000,000

Federal Funds and Grants

$102,000,000

Federal Funds Not Specifically Identified

$102,000,000

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

$334,006,919

Federal Funds and Grants

$617,823

TUESDAY, MARCH 10, 2009

2233

Federal Funds Not Specifically Identified

$617,823

Other Funds

$0

State Funds

$333,389,096

Lottery Funds

$333,389,096

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 (HB990)

$337,018,148

$337,635,971

Defer state employees' salary increases effective January 1, 2009.

($34,650)

($34,650)

Provide for a reduction to Pre-K administration and redirect funds to HOPE Scholarships Public Schools.

($250,000)

($250,000)

Reduce the State Health Benefit Plan employer contribution rate for state employees from 22.165% to 0% effective February 1, 2009 and redirect funds to HOPE Scholarships Public Schools.

($180,936)

($180,936)

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 3.688% for Pre-K teachers effective March 1, 2009 and redirect funds to HOPE Scholarships Public Schools.

($3,163,466)

($3,163,466)

Amount appropriated in this Act

$333,389,096

$334,006,919

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

$18,000,000

Federal Funds and Grants

$18,000,000

Federal Funds Not Specifically Identified

$18,000,000

Section 21: Economic Development, Department of Total Funds Federal Funds and Grants

$31,749,270 $0

2234

JOURNAL OF THE HOUSE

Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$20,244 $20,244 $31,729,026 $31,729,026
$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

$4,919,905

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$4,919,905

State General Funds

$4,919,905

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 (HB990)

$6,232,628

$6,232,628

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$13,511

$13,511

Defer state employees' salary increases effective January 1, 2009.

($44,495)

($44,495)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($243,733)

($243,733)

Provide for an additional reduction to operations.

$0

$0

Reduce marketing funds.

($559,566)

($559,566)

Reduce funds for the Georgia Shrimp Association. (CC:Remove remaining unexpended funds.)

($30,440)

($30,440)

TUESDAY, MARCH 10, 2009

2235

Eliminate 1 vacant graphics specialist position ($72,965), 1 vacant programmer position ($68,487), 1 vacant executive director position ($60,061), 1 vacant administrative position ($38,643), and 1 vacant systems administrator position ($46,875).
Reduce operating expenses.
Amount appropriated in this Act

($373,000)
($75,000) $4,919,905

($373,000)
($75,000) $4,919,905

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

$9,388,687

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$9,388,687

State General Funds

$9,388,687

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$11,256,519

$11,256,519

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$7,835

$7,835

Defer state employees' salary increases effective January 1, 2009.

($75,543)

($75,543)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($299,741)

($299,741)

Provide for an additional reduction to operations.

$0

$0

Reduce funds for domestic and global marketing.

($1,074,959)

($1,074,959)

2236

JOURNAL OF THE HOUSE

Eliminate 1 office administrative generalist position ($49,814) and 1 vacant marketing specialist position ($67,240). (CC:Reduce funds for personnel.)
Amount appropriated in this Act

($425,424) $9,388,687

($425,424) $9,388,687

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

$1,027,227

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,027,227

State General Funds

$1,027,227

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 (HB990)

$1,197,025

$1,197,025

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$235

$235

Defer state employees' salary increases effective January 1, 2009.

($6,345)

($6,345)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($33,688)

($33,688)

Reduce marketing funds.

($130,000)

($130,000)

Amount appropriated in this Act

$1,027,227

$1,027,227

21.4. Innovation and Technology
Purpose: Provide leadership in the recruitment, growth, and marketing of the bioscience and technology industry in Georgia.

TUESDAY, MARCH 10, 2009

2237

Total Funds

$1,515,825

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,515,825

State General Funds

$1,515,825

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,932,504

$1,932,504

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$611

$611

Defer state employees' salary increases effective January 1, 2009.

($6,191)

($6,191)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($31,822)

($31,822)

Provide for an additional reduction to operations.

($69,560)

($69,560)

Reduce marketing funds provided to the Georgia Electronic Design Center.

($150,000)

($150,000)

Reduce personal services to reflect projected expenditures.

($52,217)

($52,217)

Remove contract funds added in FY 2009 for the Herty Advanced Materials Development Center. (CC:Reduce funds.)

($100,000)

($100,000)

Reduce contract funds provided to the Appalachian Community Enterprises for micro-enterprise loans.

($7,500)

($7,500)

Amount appropriated in this Act

$1,515,825

$1,515,825

21.5. International Relations and Trade
Purpose: Provide international trade opportunities through exports, executive leadership for international relations, and promote Georgia products and companies

2238

JOURNAL OF THE HOUSE

to other nations.

Total Funds

$2,022,863

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,022,863

State General Funds

$2,022,863

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,440,966

$2,440,966

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,409

$1,409

Defer state employees' salary increases effective January 1, 2009.

($10,697)

($10,697)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($54,965)

($54,965)

Eliminate 1 vacant business operations position.

($55,420)

($55,420)

Reduce marketing funds.

($298,430)

($298,430)

Amount appropriated in this Act

$2,022,863

$2,022,863

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

$853,288

Federal Funds and Grants

$0

Other Funds

$20,244

Other Funds - Not Specifically Identified

$20,244

State Funds

$833,044

State General Funds

$833,044

Intra-State Government Transfers

$0

TUESDAY, MARCH 10, 2009

2239

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$958,904

$979,148

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$845

$845

Defer state employees' salary increases effective January 1, 2009.

($8,376)

($8,376)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($43,020)

($43,020)

Eliminate 1 vacant business operations position.

($75,309)

($75,309)

Amount appropriated in this Act

$833,044

$853,288

21.7. Tourism

Purpose: Provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures.

Total Funds

$10,382,393

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$10,382,393

State General Funds

$10,382,393

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 (HB990)

$13,460,178

$13,460,178

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$9,311

$9,311

2240

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contract funds for Historic Chattahoochee ($2,500), Woodstock and Statesboro Convention and Visitor Bureaus ($4,000), Georgia Historical Society ($6,000), Washington-Wilkes Visitor Information Center ($2,500), Bainbridge Welcome Center ($9,833), Warner Robins Air Force Museum ($2,500) and Local Welcome Centers ($15,513). (CC:Reduce funds to Historic Chattahoochee($2,500)and Georgia Historical Society ($30,000).)
Reduce personal services to reflect projected expenditures.
Reduce funds for Tourism marketing.
Reduce marketing funds for travel, training, and promotional items.
Remove funds added in FY 2008 for the Civil War Commemoration planning.
Reduce operating expenses for the State Visitor Information Centers. (CC:Reduce funds for State Visitor Information Centers (VIC) to realize savings from altering operating hours at VIC's to a Thursday to Monday schedule and continue to fund operations for the Sylvania and Plains VICs.)
Reduce funds received in HB 990 (FY09G) from the Veteran's Wall of Honor.
Amount appropriated in this Act

($46,586) ($243,564)
($89,346)
($220,000) ($1,312,600)
($500,000) ($500,000) ($25,000)
($150,000) $10,382,393

($46,586) ($243,564)
($89,346)
($220,000) ($1,312,600)
($500,000) ($500,000) ($25,000)
($150,000) $10,382,393

The following appropriations are for agencies attached for administrative purposes.

TUESDAY, MARCH 10, 2009

2241

21.8. Payments to Aviation Hall of Fame

Purpose: Provide operating funds for the Aviation Hall of Fame.

Total Funds

$44,550

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$44,550

State General Funds

$44,550

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 (HB990)

$50,000

$50,000

Provide for an additional reduction to operations.

($450)

($450)

Reduce operating expenses.

($5,000)

($5,000)

Amount appropriated in this Act

$44,550

$44,550

21.9. Payments to Golf Hall of Fame

Purpose: Provide operating funds for the Golf Hall of Fame.

Total Funds

$98,010

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$98,010

State General Funds

$98,010

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$110,000

$110,000

Provide for an additional reduction to operations.

($990)

($990)

Reduce funds for personal services ($4,400) and operating expenses ($6,600).

($11,000)

($11,000)

Amount appropriated in this Act

$98,010

$98,010

2242

JOURNAL OF THE HOUSE

21.10. Payments to Georgia Medical Center Authority

Purpose: Provide funds for the Georgia Medical Center Authority.

Total Funds

$290,675

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$290,675

State General Funds

$290,675

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$414,189

$414,189

Defer state employees' salary increases effective January 1, 2009.

($2,901)

($2,901)

Provide for an additional reduction to operations.

($2,613)

($2,613)

Reduce operating expenses. (CC:Restore

($118,000)

($118,000)

funds to enable the facility to remain open

through the end of the fiscal year.)

Amount appropriated in this Act

$290,675

$290,675

21.11. Payments to Georgia Music Hall of Fame

Purpose: Provide operating funds for the Georgia Music Hall of Fame.

Total Funds

$650,437

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$650,437

State General Funds

$650,437

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 (HB990)

$826,790

$826,790

TUESDAY, MARCH 10, 2009

2243

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce operating expenses.
Remove funds provided in FY 2009 for the Big House.
Amount appropriated in this Act

($7,071) ($32,691)
($6,593) ($79,998) ($50,000) $650,437

($7,071) ($32,691)
($6,593) ($79,998) ($50,000) $650,437

21.12. Payments to Georgia Sports Hall of Fame Authority

Purpose: Provide operating funds to the Georgia Sports Hall of Fame.

Total Funds

$510,860

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$510,860

State General Funds

$510,860

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$651,969

$651,969

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,785

$1,785

Defer state employees' salary increases effective January 1, 2009.

($3,960)

($3,960)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($20,727)

($20,727)

2244

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Provide for an additional reduction to operations.
Reduce operating expenses.
Delete one-time funds provided in FY 2008 for operations.
Amount appropriated in this Act

($5,175)
($88,032) ($25,000)
$510,860

($5,175)
($88,032) ($25,000)
$510,860

21.13. 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

$44,550

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$44,550

State General Funds

$44,550

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 (HB990)

$50,000

$50,000

Provide for an additional reduction to operations.

($450)

($450)

Reduce operating expenses.

($5,000)

($5,000)

Amount appropriated in this Act

$44,550

$44,550

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

$9,309,708,402 $1,776,517,223 $1,776,517,223
$26,848,083 $26,848,083 $7,506,343,096 $7,506,343,096
$0

TUESDAY, MARCH 10, 2009

2245

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,599.15. 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

$3,278,492

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,278,492

State General Funds

$3,278,492

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,244,353

$5,244,353

Defer state employees' salary increases effective January 1, 2009.

($27,261)

($27,261)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($115,982)

($115,982)

Provide for an additional reduction to operations.

($67,128)

($67,128)

Reduce funding for the Academic Coach subprogram based on anticipated need.

($893,710)

($893,710)

Realize savings from 7 vacant math and science mentor positions and reduce regular operating expenses.

($661,780)

($661,780)

Eliminate funding for the Mentor Teacher program.

($200,000)

($200,000)

2246

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Amount appropriated in this Act

$3,278,492

$3,278,492

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

$12,106,355

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

$8,439,776

State General Funds

$8,439,776

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,985,622

$12,652,201

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($255,747)

($255,747)

Provide for an additional reduction to operations.

$0

$0

Provide for a reduction to Food Processing Plants.

($50,000)

($50,000)

Provide for a reduction to the Area Teacher Program.

($50,294)

($50,294)

Provide for a reduction to Extended Year/Extended Day.

($92,282)

($92,282)

Provide for a reduction to Young Farmers.

($82,842)

($82,842)

Provide for a reduction to Youth Camps.

($14,681)

($14,681)

Amount appropriated in this Act

$8,439,776

$12,106,355

22.3. Central Office Purpose: Act as a service oriented agency supporting local school districts.

TUESDAY, MARCH 10, 2009

2247

Total Funds

$96,302,086

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

$34,773,038

State General Funds

$34,773,038

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$41,124,236

$102,653,284

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$99,016

$99,016

Defer state employees' salary increases effective January 1, 2009.

($435,111)

($435,111)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,528,237)

($1,528,237)

Provide for an additional reduction to operations.

($456,434)

($456,434)

Eliminate the teacher liability insurance effective February 1, 2009.

($136,364)

($136,364)

Realize savings from 40 vacant positions ($1,910,869), operating expenses ($755,634), and contractual services ($1,227,565).

($3,894,068)

($3,894,068)

Amount appropriated in this Act

$34,773,038

$96,302,086

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.

2248

JOURNAL OF THE HOUSE

Total Funds

$10,195,883

Federal Funds and Grants

$7,365,691

Federal Funds Not Specifically Identified

$7,365,691

Other Funds

$0

State Funds

$2,830,192

State General Funds

$2,830,192

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 (HB990)

$3,480,193

$10,845,884

Provide for an additional reduction to operations.

$0

$0

Reduce planning grants ($25,000).

($25,000)

($25,000)

Eliminate funding for 2 temporary positions for the Charter School Commission.

($200,001)

($200,001)

Reduce the number of implementation grants from 5 to 2.

($375,000)

($375,000)

Reduce facility grants ($50,000).

($50,000)

($50,000)

Amount appropriated in this Act

$2,830,192

$10,195,883

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

$1,173,347

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,173,347

State General Funds

$1,173,347

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,320,623

$1,320,623

TUESDAY, MARCH 10, 2009

2249

Provide for an additional reduction to operations. Reduce funding by 10%. Amount appropriated in this Act

($15,214)
($132,062) $1,173,347

($15,214)
($132,062) $1,173,347

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

$1,378,447

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,378,447

State General Funds

$1,378,447

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 (HB990)

$1,574,833

$1,574,833

Provide for an additional reduction to operations.

($74,833)

($74,833)

Reduce contractual services by 10%.

($121,553)

($121,553)

Amount appropriated in this Act

$1,378,447

$1,378,447

22.7. Dropout Prevention

Purpose: Reduce dropout rates for Georgia students.

Total Funds

$49,513,321

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$49,513,321

State General Funds

$49,513,321

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 (HB990)

$53,174,636

$53,174,636

Reduce the State Health Benefit Plan

($2,387,982)

($2,387,982)

2250

JOURNAL OF THE HOUSE

employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)
Reduce funding for graduation coaches based on actual number of coaches.
Reduce funding for spring training session for graduation coaches.
Eliminate startup funds provided for JROTC programs.
Amount appropriated in this Act

($1,000,000) ($33,333) ($240,000)
$49,513,321

($1,000,000) ($33,333) ($240,000)
$49,513,321

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

$556,507,932

State Funds

$556,507,932

State General Funds

$556,507,932

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$548,529,543

$548,529,543

Increase funding for a mid-term adjustment.

$7,978,389

$7,978,389

Amount appropriated in this Act

$556,507,932

$556,507,932

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

22.10. Foreign Language

Purpose: Provide funds to schools for foreign language instruction.

Total Funds

$0

TUESDAY, MARCH 10, 2009

2251

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$384,375

$384,375

Eliminate funds provided for the Georgia Virtual Academy for virtual elementary foreign language.

($384,375)

($384,375)

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

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

$5,346,429

Federal Funds and Grants

$0

Other Funds

$722,213

Other Funds - Not Specifically Identified

$722,213

State Funds

$4,624,216

State General Funds

$4,624,216

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,123,362

$4,845,575

2252

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Provide funds for 1,500 additional slots for the Georgia Virtual School program.
Amount appropriated in this Act

($368,028)
($61,298) $930,180 $4,624,216

($368,028)
($61,298) $930,180 $5,346,429

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 (HB990)

$250,000

$250,000

Provide for an additional reduction to operations.

$0

$0

Amount appropriated in this Act

$250,000

$250,000

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

$1,329,574

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,329,574

TUESDAY, MARCH 10, 2009

2253

State General Funds

$1,329,574

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,443,893

$1,443,893

Defer state employees' salary increases effective January 1, 2009.

($7,483)

($7,483)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($31,836)

($31,836)

Provide for an additional reduction to operations.

$0

$0

Reduce contractual services funding.

($75,000)

($75,000)

Amount appropriated in this Act

$1,329,574

$1,329,574

22.15. Information Technology Services

Purpose: Collect and report accurate data through the development and maintenance of web-enabled applications.

Total Funds

$6,849,088

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$6,849,088

State General Funds

$6,849,088

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 (HB990)

$7,217,319

$7,217,319

Provide for an additional reduction to operations.

$0

$0

Reduce contractual services funding to begin to phase out the program.

($368,231)

($368,231)

2254

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$6,849,088

$6,849,088

22.16. Local 5 Mill Share-Quality Basic Education

Purpose: Required local effort based on five mills of tax on the equalized adjusted property tax digest.

Total Funds

($1,689,780,568)

State Funds

($1,689,780,568)

State General Funds

($1,689,780,568)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

($1,690,849,786)

($1,690,849,786)

Adjust funding for Local Five Mill Share for school systems with declining tax digests.

$1,069,218

$1,069,218

Amount appropriated in this Act

($1,689,780,568)

($1,689,780,568)

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

$13,294,628

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$13,294,628

State General Funds

$13,294,628

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 (HB990)

$12,294,628

$12,294,628

Increase funds to reflect actual payment to National Board Certified teachers.

$1,000,000

$1,000,000

Amount appropriated in this Act

$13,294,628

$13,294,628

22.18. National Science Center and Foundation

TUESDAY, MARCH 10, 2009

2255

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

$712,500

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$712,500

State General Funds

$712,500

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$750,000

$750,000

Provide for an additional reduction to operations.

($37,500)

($37,500)

Reduce funds by 10%.

$0

$0

Amount appropriated in this Act

$712,500

$712,500

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

$27,847,020

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$27,847,020

State General Funds

$27,847,020

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 (HB990)

$28,625,373

$28,625,373

Provide for an additional reduction to operations.

($18,965)

($18,965)

2256

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Reduce funding for Migrant Education ($10,396) and Sparsity Grants ($254,098).
Reduce funding for Special Needs Scholarships ($113,135) and the Special Education - Low Incidence Grants ($16,534).
Reduce funding for classroom cards based on actual expenditures.
Reduce grant funds for Residential Treatment Centers.
Amount appropriated in this Act

($264,494) ($129,669)
($285,000) ($80,225) $27,847,020

($264,494) ($129,669)
($285,000) ($80,225) $27,847,020

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

State Funds

$39,823,217

State General Funds

$39,823,217

22.21. Preschool Handicapped

Purpose: Provide early intervention so students with disabilities will enter school with the skills to succeed.

Total Funds

$29,250,869

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$29,250,869

State General Funds

$29,250,869

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$30,358,072

$30,358,072

TUESDAY, MARCH 10, 2009

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Amount appropriated in this Act

($1,107,203)
$0 $29,250,869

2257 ($1,107,203)
$0 $29,250,869

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

State Funds

$170,943,051

State General Funds

$170,943,051

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

$8,076,323,095

Federal Funds and Grants

$145,317,456

Federal Funds Not Specifically Identified

$145,317,456

Other Funds

$0

State Funds

$7,931,005,639

State General Funds

$7,931,005,639

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,480,835,299

$8,480,835,299

2258

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Provide a mid-term adjustment for enrollment growth of 0.23%.
Provide funds for dual enrollment courses.
Reduce QBE funding by 2%.
Remove additional QBE enhancements.
Add funds to correct an error in Tift County Public Schools CPI data ($300,000). (CC:Increase funds for middle school adjustment waivers ($75,499) and mandatory QBE adjustments for charter systems ($1,734,710).)
Provide $145,317,456 in federal American Recovery and Reinvestment Act fiscal stabilization funds based on Georgia's compliance with maintaining FY 2006 funding levels and other required assurances and pending the approval of the Governor's application for funding.
Amount appropriated in this Act

($348,693,969)
($95,317,456) $77,871,275 $0
($135,799,719) ($50,000,000) $2,110,209
$0
$7,931,005,639

($348,693,969)
($95,317,456) $77,871,275 $0
($135,799,719) ($50,000,000) $2,110,209
$145,317,456
$8,076,323,095

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

$10,656,151

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$10,656,151

State General Funds

$10,656,151

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

TUESDAY, MARCH 10, 2009

2259

previous appropriation act:
Amount from prior Appropriation Act (HB990) Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funding by 10% in the Regional Education Service Agencies program. Amount appropriated in this Act

State Funds $12,408,840
($511,805)
$0 ($1,240,884) $10,656,151

Total Funds $12,408,840
($511,805)
$0 ($1,240,884) $10,656,151

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

$8,552,849

Federal Funds and Grants

$0

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$8,452,849

State General Funds

$8,452,849

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 (HB990)

$10,191,533

$10,291,533

Defer state employees' salary increases effective January 1, 2009.

($140,581)

($140,581)

2260

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Realize personal service savings from approximately 5 vacant positions.
Amount appropriated in this Act

($598,103)
($500,000) ($500,000) $8,452,849

($598,103)
($500,000) ($500,000) $8,552,849

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 Emotional Disturbed (SED)

Purpose: Provide statewide services to parents and educators of students with disabilities.

Total Funds

$81,367,221

Federal Funds and Grants

$13,359,858

Federal Funds Not Specifically Identified

$13,359,858

Other Funds

$0

State Funds

$68,007,363

State General Funds

$68,007,363

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$70,845,875

$84,205,733

TUESDAY, MARCH 10, 2009

2261

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Amount appropriated in this Act

($2,738,512)
($100,000) $68,007,363

($2,738,512)
($100,000) $81,367,221

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

$152,475,068

Federal Funds and Grants

$19,445,076

Federal Funds Not Specifically Identified

$19,445,076

Other Funds

$0

State Funds

$133,029,992

State General Funds

$133,029,992

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$257,462,021

$276,907,097

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($124,432,029)

($124,432,029)

Amount appropriated in this Act

$133,029,992

$152,475,068

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

$24,210,351

2262

JOURNAL OF THE HOUSE

Federal Funds and Grants

$0

Other Funds

$1,649,199

Other Funds - Not Specifically Identified

$1,649,199

State Funds

$22,561,152

State General Funds

$22,561,152

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 (HB990)

$23,357,809

$25,007,008

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($796,657)

($796,657)

Provide for an additional reduction to operations.

$0

$0

Amount appropriated in this Act

$22,561,152

$24,210,351

22.30. Technology/Career Education

Purpose: Equip students with academic, technical and leadership skills.

Total Funds

$51,157,642

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

$15,879,402

State General Funds

$15,879,402

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$16,796,972

$52,075,212

TUESDAY, MARCH 10, 2009

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Provide for a reduction to Industry Certification.
Provide for a reduction to High Schools That Work.
Provide for a reduction to Youth Apprenticeship.
Provide for a reduction to Vocational Supervisors.
Amount appropriated in this Act

($284,212)
$0 ($212,385) ($28,500) ($214,082) ($178,391) $15,879,402

2263 ($284,212)
$0 ($212,385) ($28,500) ($214,082) ($178,391) $51,157,642

22.31. Testing

Purpose: Adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program.

Total Funds

$35,718,093

Federal Funds and Grants

$13,664,544

Federal Funds Not Specifically Identified

$13,664,544

Other Funds

$0

State Funds

$22,053,549

State General Funds

$22,053,549

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 (HB990)

$23,243,020

$36,907,564

Provide for an additional reduction to operations.

($290,536)

($290,536)

2264

JOURNAL OF THE HOUSE

Reduce contractual services for SAT Prep ($100,000) and State-Mandated testing ($444,860).
Remove unused Advanced Placement funds for private school students.
Amount appropriated in this Act

($544,860)
($354,075) $22,053,549

($544,860)
($354,075) $35,718,093

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

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,658,859

State General Funds

$1,658,859

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 (HB990)

$1,658,859

$1,658,859

Provide for an additional reduction to operations.

$0

$0

Amount appropriated in this Act

$1,658,859

$1,658,859

Section 23: Employees' Retirement System Total Funds Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments Other Intra-State Government Payments

$27,683,044 $2,928,388 $2,928,388 $7,151,826 $7,151,826
$17,602,830 $17,600,965
$1,865

TUESDAY, MARCH 10, 2009

2265

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 the GSEPS employees, the employer contribution rate shall not exceed 6.54% for the pension portion of the benefit and 3.0% in employer match contributions for the 401(k) portion of the benefit. 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

$17,314,099

Intra-State Government Transfers

$17,314,099

Retirement Payments

$17,314,099

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

$2,929,619

Other Funds

$2,928,388

Agency Funds

$2,928,388

Intra-State Government Transfers

$1,231

Retirement Payments

($634)

Other Intra-State Government Payments

$1,865

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

State Funds

$1,323,024

State General Funds

$1,323,024

23.4. Public School Employee's 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

2266

JOURNAL OF THE HOUSE

State Funds State General Funds Intra-State Government Transfers Retirement Payments

$5,828,802 $5,828,802
$287,500 $287,500

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

$47,591,437 $8,610,055 $8,610,055 $5,626,650 $778,747 $4,847,903
$33,354,732 $33,354,732
$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

$3,866,482

Federal Funds and Grants

$0

Other Funds

$8,872

Agency Funds

$4,000

Other Funds - Not Specifically Identified

$4,872

State Funds

$3,857,610

State General Funds

$3,857,610

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,606,407

$4,615,279

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$54,656

$54,656

TUESDAY, MARCH 10, 2009

2267

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Eliminate 1 vacant grounds maintenance position.
Reduce regular operating expenses.
Replace state funds with federal funds for regular operating expenses.
Reduce regular operating expenses.
Reduce contract funds.
Replace state funds with federal funds for 1 filled training officer position.
Remove one-time funds provided in FY 2007 to construct a bomb shelter in Cairo.
Remove one-time funds provided in FY 2007 for 6 fire engines.
Amount appropriated in this Act

($31,966) ($179,058)
($40,000) ($11,906) ($218,711) ($36,812) ($60,000) ($40,000) ($60,000) ($125,000) $3,857,610

($31,966) ($179,058)
($40,000) ($11,906) ($218,711) ($36,812) ($60,000) ($40,000) ($60,000) ($125,000) $3,866,482

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

$10,346,364

Federal Funds and Grants

$6,555,882

Federal Funds Not Specifically Identified

$6,555,882

Other Funds

$707,587

Agency Funds

$164,000

Other Funds - Not Specifically Identified

$543,587

State Funds

$3,082,895

State General Funds

$3,082,895

Intra-State Government Transfers

$0

2268

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 (HB990)

$3,863,541

$11,127,010

Defer state employees' salary increases effective January 1, 2009.

($30,391)

($30,391)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($293,452)

($293,452)

Reduce regular operating expenses.

($34,517)

($34,517)

Reduce funds for motor vehicle purchases.

($49,587)

($49,587)

Eliminate 2 vacant forest inventory analyst positions.

($22,600)

($22,600)

Remove funding for 3 temporary day laborer positions and suspend activities at the Brender-Hitchiti Forest.

($20,000)

($20,000)

Reflect a savings in personal services by instituting a 3-month temporary work period for forester new hires.

($4,000)

($4,000)

Eliminate 1 vacant sustainable community forester position.

($77,886)

($77,886)

Temporarily suspend the Bartram Educational Forest Program and recognize savings by freezing the vacant Bartram Forester position.

($49,587)

($49,587)

Eliminate 1 vacant marketing forester position.

($63,000)

($63,000)

Reduce funds for personal services to meet additional 1% reduction.

($135,626)

($135,626)

Amount appropriated in this Act

$3,082,895

$10,346,364

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.

TUESDAY, MARCH 10, 2009

2269

Total Funds

$31,980,912

Federal Funds and Grants

$1,964,173

Federal Funds Not Specifically Identified

$1,964,173

Other Funds

$3,484,111

Agency Funds

$536,167

Other Funds - Not Specifically Identified

$2,947,944

State Funds

$26,532,628

State General Funds

$26,532,628

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 (HB990)

$30,850,411

$36,298,695

Defer state employees' salary increases effective January 1, 2009.

($1,231,843)

($1,231,843)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,403,622)

($1,403,622)

Provide for an additional reduction to operations.

$0

$0

Reduce regular operating expenses.

($418,382)

($418,382)

Eliminate 1 vacant administrative assistant position.

($38,480)

($38,480)

Eliminate 4 temporary day laborer administrative clerk positions in Fire Business Activities.

($38,801)

($38,801)

Consolidate county units in Richmond, Peach, Schley and Lincoln with county units in Spirit Creek, Houston, Crawford, Stewart and Sumter due to low activity.

($29,600)

($29,600)

Reduce funds for motor vehicle purchases.

($389,000)

($389,000)

Replace state general funds with other funds for regular operating expenses.

($360,840)

($360,840)

2270

JOURNAL OF THE HOUSE

Replace state funds with federal funds for 4.5 FTE fire control positions.
Reflect a savings in personal services by instituting a 3-month temporary work period for fire ranger new hires.
Reduce funds added in FY 2009 for a helicopter pilot position to reflect projected savings.
Remove funds added in FY 2009 for 1 aviation maintenance inspection position.
Reduce contract funds.
Replace state funds with federal funds for 2 temporary welder positions.
Replace state general funds with other funds for regular operating expenses.
Amount appropriated in this Act

($166,209) ($68,000)
($24,238)
($81,768) ($25,000) ($42,000)
$0 $26,532,628

($166,209) ($68,000)
($24,238)
($81,768) ($25,000) ($42,000)
$0 $31,980,912

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

$154,772

Federal Funds and Grants

$20,000

Federal Funds Not Specifically Identified

$20,000

Other Funds

$74,580

Agency Funds

$74,580

State Funds

$60,192

State General Funds

$60,192

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 (HB990)

$123,287

$217,867

Defer state employees' salary increases effective January 1, 2009.

($653)

($653)

TUESDAY, MARCH 10, 2009

2271

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Eliminate 1 vacant tree orchard supervisor position and 1 vacant tree nursery worker position.
Replace state funds with other funds for operating expenses.
Amount appropriated in this Act

($7,442)
($40,000) ($15,000)
$60,192

($7,442)
($40,000) ($15,000) $154,772

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

$1,242,907

Federal Funds and Grants

$70,000

Federal Funds Not Specifically Identified

$70,000

Other Funds

$1,351,500

Other Funds - Not Specifically Identified

$1,351,500

State Funds

($178,593)

State General Funds

($178,593)

Section 25: Governor, Office of the Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$96,779,281 $43,764,158
$250,000 $43,514,158
$2,491,284 $2,491,284 $50,523,839 $50,523,839
$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

2272

JOURNAL OF THE HOUSE

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

$12,410,121

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

$7,113,270

State General Funds

$7,113,270

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Realize efficiencies in the cost of operations.

State Funds $7,997,298
$11,801 ($52,950) ($271,329)
$0 ($571,550)

Total Funds $13,294,149
$11,801 ($52,950) ($271,329)
$0 ($571,550)

TUESDAY, MARCH 10, 2009

2273

Reduce one-time funds in HB95 for the Governor's Litigation Fund.
Amount appropriated in this Act

$0 $7,113,270

$0 $12,410,121

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

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

$8,419,050

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$8,419,050

State General Funds

$8,419,050

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,584,234

$9,584,234

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$85,919

$85,919

Defer state employees' salary increases effective January 1, 2009.

($81,224)

($81,224)

2274

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce operating expenses.
Amount appropriated in this Act

($390,553)
($85,279) ($694,047) $8,419,050

($390,553)
($85,279) ($694,047) $8,419,050

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

$4,620,764

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

$3,951,364

State General Funds

$3,951,364

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,448,905

$5,118,305

Defer state employees' salary increases effective January 1, 2009.

($4,286)

($4,286)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($21,886)

($21,886)

TUESDAY, MARCH 10, 2009

2275

Provide for an additional reduction to operations.
Defer funding for grants and benefits to nonprofit arts and cultural organizations.
Reduce funding for personal services ($8,125) and operating expenses ($25,731).
Amount appropriated in this Act

($39,928) ($397,585) ($33,856) $3,951,364

($39,928) ($397,585) ($33,856) $4,620,764

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

$1,201,899

Federal Funds and Grants

$179,558

Federal Funds Not Specifically Identified

$179,558

Other Funds

$25

Other Funds - Not Specifically Identified

$25

State Funds

$1,022,316

State General Funds

$1,022,316

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 (HB990)

$1,199,011

$1,378,594

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$28,747

$28,747

Defer state employees' salary increases effective January 1, 2009.

($7,959)

($7,959)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($52,235)

($52,235)

Provide for an additional reduction to operations.

($10,363)

($10,363)

2276

JOURNAL OF THE HOUSE

Eliminate funding for state-wide needs and resource assessment. Eliminate vacant executive secretary position. Reduce regular operating expenses. Reduce contractual services utilization. Amount appropriated in this Act

($70,000)
($38,507)
($926) ($25,452) $1,022,316

($70,000)
($38,507)
($926) ($25,452) $1,201,899

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

$1,014,552

Federal Funds and Grants

$407,000

Federal Funds Not Specifically Identified

$407,000

Other Funds

$0

State Funds

$607,552

State General Funds

$607,552

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 (HB990)

$712,490

$1,119,490

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,954

$5,954

Defer state employees' salary increases effective January 1, 2009.

($6,599)

($6,599)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($34,670)

($34,670)

Provide for an additional reduction to operations.

($6,161)

($6,161)

TUESDAY, MARCH 10, 2009

2277

Defer filling 1 intake coordinator position in the Equal Employment Division. Reduce funding for operating expenses. Amount appropriated in this Act

($45,717)
($17,745) $607,552

($45,717)
($17,745) $1,014,552

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

$8,737,734

Federal Funds and Grants

$0

Other Funds

$1,572,903

Other Funds - Not Specifically Identified

$1,572,903

State Funds

$7,164,831

State General Funds

$7,164,831

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,581,217

$10,154,120

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$38,177

$38,177

Defer state employees' salary increases effective January 1, 2009.

($71,254)

($71,254)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($362,765)

($362,765)

Provide for an additional reduction to operations.

($72,623)

($72,623)

Defer filling 7 positions funded in FY 2009 to staff the "1-800-Georgia" call center.

($300,000)

($300,000)

2278

JOURNAL OF THE HOUSE

Eliminate 4 positions ($242,956) and operating expenses ($17,739) in the Consumers' Utility Counsel by December 31, 2008.
Reduce funding for personal services in Consumer Protection.
Reduce funding for contractual services for customer service and workplace satisfaction surveys.
Amount appropriated in this Act

($260,695)
($51,884) ($335,342) $7,164,831

($260,695)
($51,884) ($335,342) $8,737,734

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

$32,627,578

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

$2,116,540

State General Funds

$2,116,540

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.

State Funds $2,406,048
$78,751
($17,803)

Total Funds $32,917,086
$78,751
($17,803)

TUESDAY, MARCH 10, 2009

2279

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reflect a reduction in personal services funding as a result of liabilities being absorbed by the Office of Homeland Security budget.
Eliminate 1 administrative position in the Operations Division.
Amount appropriated in this Act

($107,228)
($21,453) ($173,541) ($48,234) $2,116,540

($107,228)
($21,453) ($173,541) ($48,234) $32,627,578

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

$423,597

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$423,597

State General Funds

$423,597

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$527,932

$527,932

Defer state employees' salary increases effective January 1, 2009.

($6,213)

($6,213)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($22,706)

($22,706)

2280

JOURNAL OF THE HOUSE

Provide for an additional reduction to operations. Defer filling 1 secretary position. Amount appropriated in this Act

($4,295)
($71,121) $423,597

($4,295)
($71,121) $423,597

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

$679,410

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$679,410

State General Funds

$679,410

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$829,079

$829,079

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,016

$1,016

Defer state employees' salary increases effective January 1, 2009.

($7,391)

($7,391)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($40,753)

($40,753)

Provide for an additional reduction to operations.

($6,891)

($6,891)

Reduce funding for operating expenses in Investigations.

($95,650)

($95,650)

Amount appropriated in this Act

$679,410

$679,410

25.11. Governor's Office for Children and Families Purpose: Enhance coordination and communication among providers and

TUESDAY, MARCH 10, 2009

2281

stakeholders of services to families.

Total Funds

$15,579,027

Federal Funds and Grants

$7,206,237

Temporary Assistance for Needy Families Block Grant

$250,000

Federal Funds Not Specifically Identified

$6,956,237

Other Funds

$0

State Funds

$8,372,790

State General Funds

$8,372,790

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 (HB990)

$9,488,781

$16,695,018

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,483

$11,483

Defer state employees' salary increases effective January 1, 2009.

($13,114)

($13,114)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($15,020)

($15,020)

Provide for an additional reduction to operations.

($84,584)

($84,584)

Reduce grant funds based on utilization and grantee non-performance of standards.

($1,014,756)

($1,014,756)

Amount appropriated in this Act

$8,372,790

$15,579,027

25.12. Professional Standards Commission

Purpose: Direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

Total Funds

$6,597,233

Federal Funds and Grants

$411,930

Federal Funds Not Specifically Identified

$411,930

Other Funds

$500

Other Funds - Not Specifically Identified

$500

2282

JOURNAL OF THE HOUSE

State Funds

$6,184,803

State General Funds

$6,184,803

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 (HB990)

$7,123,741

$7,536,171

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$72,872

$72,872

Defer state employees' salary increases effective January 1, 2009.

($65,065)

($65,065)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($332,784)

($332,784)

Provide for an additional reduction to operations.

($62,703)

($62,703)

Reduce funding for personal services ($14,571), contractual services ($93,000), and computer charges ($7,687).

($115,258)

($115,258)

Eliminate funding for Georgia Teacher Alternative Preparation Program grants.

($400,000)

($400,000)

Eliminate funding for National Board Certified Teacher reimbursement.

($36,000)

($36,000)

Amount appropriated in this Act

$6,184,803

$6,597,233

25.13. Student Achievement, Office of Purpose: Improve student achievement and school completion in Georgia. Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$998,740 $0 $0
$998,740 $998,740
$0

TUESDAY, MARCH 10, 2009

2283

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,274,456

$1,274,456

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,922

$5,922

Defer state employees' salary increases effective January 1, 2009.

($11,381)

($11,381)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($63,098)

($63,098)

Reduce personal services ($150,000) and contractual services ($57,159) based on anticipated lapse.

($207,159)

($207,159)

Amount appropriated in this Act

$998,740

$998,740

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

$3,448,041,833 $1,766,212,678
$342,224,967 $54,993,799 $66,243,783 $81,239,293 $20,877,386 $62,883,935 $4,404,431 $13,130,623 $62,808,011 $17,402,038 $24,910,040 $68,909,356 $94,424,439

2284

JOURNAL OF THE HOUSE

TANF Transfers to Social Services Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds Tobacco Funds Brain & Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies Other Intra-State Government Payments

$25,800,000 $825,960,577 $270,015,763 $123,624,591 $144,782,766
$1,608,406 $1,405,926,236
$28,309,553 $1,968,993
$1,375,647,690 $5,887,156 $20,000 $5,867,156

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.

TUESDAY, MARCH 10, 2009

2285

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 Offices.

Total Funds

$168,996,241

Federal Funds and Grants

$79,158,771

Temporary Assistance for Needy Families Block Grant

$14,530,608

Social Services Block Grant

$9,932,114

Child Care & Development Block Grant

$1,623,880

Foster Care Title IV-E

$7,687,545

Medical Assistance Program

$658,341

Preventive Health and Health Services Block Grant

$31,070

Community Service Block Grant

$212,855

Low-Income Home Energy Assistance

$282,303

CCDF Mandatory & Matching Funds

$2,998,188

Federal Funds Not Specifically Identified

$41,201,867

Other Funds

$8,099,727

Agency Funds

$8,099,727

State Funds

$81,737,743

Tobacco Funds

$131,795

State General Funds

$81,605,948

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 (HB990)

$94,164,941

$185,313,770

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$805,948

$805,948

Defer state employees' salary increases effective January 1, 2009.

($1,280,595)

($1,280,595)

2286

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reflect loss of unearnable federal funds.
Reduce administration by 6%.
Reduce operating expenses.
Reduce supplies and operating cost throughout the department's administrative functions.
Amount appropriated in this Act

($6,737,997)
$0 ($4,958,230)
$0 ($256,324)
$81,737,743

($6,737,997)
($3,890,331) ($4,958,230)
$0 ($256,324)
$168,996,241

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

$48,069,637

Federal Funds and Grants

$30,516,926

Temporary Assistance for Needy Families Block Grant

$11,605,217

Maternal and Child Health Services Block Grant

$720,170

Preventive Health and Health Services Block Grant

$41,694

Federal Funds Not Specifically Identified

$18,149,845

Other Funds

$270,000

Agency Funds

$62,217

Other Funds - Not Specifically Identified

$207,783

State Funds

$17,282,711

Tobacco Funds

$5,065,177

State General Funds

$12,217,534

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$20,563,284

$59,361,012

TUESDAY, MARCH 10, 2009

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce purchase of supplies and other operating expenses.
Eliminate 7 vacant positions.
Reduce general grant-in-aid funding to county boards of health by 3.5%.
Reduce TANF funds for Family Planning and Adolescent and Adult Health Promotion.
Reflect savings from department-wide furlough.
Discontinue funds for the coordinated school health outreach programs.
Reduce funds for nutrition education.
Reduce funds for prostate cancer education provided by the Regional Cancer Coalitions.
Remove funds for 2 filled state office positions and 18 filled district health promotion coordinator positions.
Defer new funds for the Helen Keller National Center provided for in FY 2009.
Reduce funds for the Diabetes Care Coalition provided for in FY 2008.
Transfer 1 state funded position to federal funds.
Provide additional funding for county grantin-aid.
Amount appropriated in this Act

$1,046
($389,238) ($1,972,756)
($50,000) ($776,562) ($119,454)
$0 ($38,030)
$0 ($122,759) ($85,000) ($473,428)
($229,513) ($175,000) ($49,879) $1,200,000 $17,282,711

26.3. Adoptions Services

2287 $1,046
($389,238) ($1,972,756)
($50,000) ($776,562) ($119,454) ($7,500,000) ($38,030) ($510,802) ($122,759) ($85,000) ($473,428)
($229,513) ($175,000) ($49,879) $1,200,000 $48,069,637

2288

JOURNAL OF THE HOUSE

Purpose: Support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption.

Total Funds

$88,337,611

Federal Funds and Grants

$54,000,008

Temporary Assistance for Needy Families Block Grant

$12,000,000

Foster Care Title IV-E

$211,065

Federal Funds Not Specifically Identified

$41,788,943

Other Funds

$45,000

Other Funds - Not Specifically Identified

$45,000

State Funds

$34,292,603

State General Funds

$34,292,603

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 (HB990)

$35,568,642

$85,825,159

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,206

$1,206

Defer state employees' salary increases effective January 1, 2009.

($23,332)

($23,332)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($136,469)

($136,469)

Transfer $1,200,000 in state funds from the Child Welfare Services program to the Adoptions Services program to fund projected caseload growth (Total Funds: $2,671,047).

$1,200,000

$2,671,047

Recognize additional Federal Medical

($2,317,444)

$0

Assistance Percentage (FMAP) funds from

the American Recovery and Reinvestment

Act of 2009.

Amount appropriated in this Act

$34,292,603

$88,337,611

TUESDAY, MARCH 10, 2009

2289

26.4. Adult Addictive Disease Service

Purpose: To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$87,159,135

Federal Funds and Grants

$48,579,098

Temporary Assistance for Needy Families Block Grant

$18,590,483

Prevention and Treatment of Substance Abuse Block Grant

$29,988,615

Other Funds

$824,903

Agency Funds

$752,583

Other Funds - Not Specifically Identified

$72,320

State Funds

$37,755,134

State General Funds

$37,755,134

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$47,941,247

$100,628,448

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$783

$783

Defer state employees' salary increases effective January 1, 2009.

($525,607)

($525,607)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($3,074,324)

($3,074,324)

Defer funds for Hope House provided for in FY 2009.

($350,000)

($350,000)

Reduce funding for new provider training and quality compliance audits.

($66,000)

($66,000)

Reduce state funds to reflect a one-time refund from the employee retirement system.

($1,676,941)

($1,676,941)

Reflect savings from furloughs affecting employees pay grade 15 and above.

($4,680)

($4,680)

Reduce various contracts.

($400,000)

($400,000)

2290

JOURNAL OF THE HOUSE

Defer funds for Bridges of Hope provided for in FY 2009.
Reduce funding for training in MHDDAD.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Reduce funding for addictive disease services provided by the United Way Regional Commission.
Discontinue funding for opioid maintenance therapy.
Reduce funds for non-medically necessary consumer and family assistance community services.
Reduce supported employment funding for addictive disease consumers.
Reduce funding for the provision of methamphetamine addiction services in northwest Georgia, as treatment can be obtained through other community services.
Reduce funding for core and specialty services.
Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $3,283,200).
Amount appropriated in this Act

($12,000) ($34,030) ($61,117) ($50,000)
($1,568,628) ($119,388)
($301,476) ($671,387)
($1,271,318) $0
$37,755,134

($12,000) ($34,030) ($61,117) ($50,000)
($1,568,628) ($119,388)
($301,476) ($671,387)
($1,271,318) ($3,283,200)
$87,159,135

26.5. Adult Development Disabilities Services

Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities.

Total Funds

$312,772,139

Federal Funds and Grants

$63,602,746

Temporary Assistance for Needy Families Block Grant

$78,749

Social Services Block Grant

$30,636,459

Medical Assistance Program

$20,129,911

Federal Funds Not Specifically Identified

$12,757,627

Other Funds

$79,164,086

Agency Funds

$53,767,742

TUESDAY, MARCH 10, 2009

2291

Other Funds - Not Specifically Identified

$25,396,344

State Funds

$170,005,307

Tobacco Funds

$10,255,138

State General Funds

$159,750,169

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$204,977,518

$329,172,829

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$52,456

$52,456

Defer state employees' salary increases effective January 1, 2009.

($1,507,563)

($1,507,563)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($8,817,889)

($8,817,889)

Reduce funding for new provider training and quality compliance audits.

($401,367)

($401,367)

Reflect savings from furloughs affecting 125 employees pay grade 15 and above.

($187,590)

($187,590)

Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.

($13,403)

($13,403)

Defer 3% provider rate increase provided for in FY 2009.

($716,892)

($1,942,797)

Defer funds for Oral Healthcare Resources provided for in FY 2009.

($50,000)

($50,000)

Reduce state funds to reflect one-time refund from the employee retirement system.

($1,416,110)

($1,416,110)

Reduce various contracts.

($500,000)

($500,000)

Reduce funds for 135 vacant Mental

($253,259)

$0

Retardation Waiver Program slots provided

for in FY 2009. (CC:Reflect increased

FMAP.)

Reduce motor vehicle purchases.

($1,283,942)

($1,283,942)

2292

JOURNAL OF THE HOUSE

Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $332,485).
Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

$0
($19,876,652) $170,005,307

($332,485)
$0 $312,772,139

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

$14,230,501

Federal Funds and Grants

$3,452,979

Preventive Health and Health Services Block Grant

$1,210,877

Federal Funds Not Specifically Identified

$2,242,102

Other Funds

$0

State Funds

$10,777,522

Tobacco Funds

$6,475,000

State General Funds

$4,302,522

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$12,400,624

$15,853,603

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,219

$5,219

Defer state employees' salary increases effective January 1, 2009.

($38,474)

($38,474)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($225,040)

($225,040)

Reduce general grant-in-aid funding to county boards of health by 3.5%.

($57,549)

($57,549)

TUESDAY, MARCH 10, 2009

2293

Reflect savings from department-wide furlough.
Transfer state funded Cancer State Aid positions to tobacco funds.
Defer funds for the Georgia Commission to Save the Cure provided for in FY 2009.
Recognize administrative efficiencies in the Stroke and Heart Attack Prevention Program.
Amount appropriated in this Act

($11,220) ($140,000) ($240,000) ($916,038)
$10,777,522

($11,220) ($140,000) ($240,000) ($916,038)
$14,230,501

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

$42,558,063

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

$41,167,570

State General Funds

$41,167,570

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.

State Funds $46,249,924
$1,516
($652,518)

Total Funds $47,640,417
$1,516
($652,518)

2294

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reflect savings from furloughs affecting employees pay grade 15 and above.
Eliminate 2 vacant forensic diversion coordinators.
Eliminate 2 vacant forensic evaluator positions ($200,000) and associated travel ($50,000).
Defer expansion of the forensic telemedicine pilot project.
Amount appropriated in this Act

($3,816,642)
($44,670) ($225,000) ($250,000) ($95,040) $41,167,570

($3,816,642)
($44,670) ($225,000) ($250,000) ($95,040) $42,558,063

26.8. Adult Mental Health Services

Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

Total Funds

$234,752,559

Federal Funds and Grants

$26,985,790

Temporary Assistance for Needy Families Block Grant

$270,319

Medical Assistance Program

$8,510,180

Community Mental Health Services Block Grant

$6,620,728

Federal Funds Not Specifically Identified

$11,584,563

Other Funds

$5,909,257

Agency Funds

$5,099,844

Other Funds - Not Specifically Identified

$809,413

State Funds

$201,857,512

State General Funds

$201,857,512

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$237,141,537

$262,475,550

TUESDAY, MARCH 10, 2009

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funding for new provider training and reduce number of quality compliance audits.
Reduce funds for non-medically necessary consumer and family assistance community services.
Reduce training for mental illness, developmental disabilities, and addictive diseases.
Reflect savings from furloughs affecting employees pay grade 15 and above.
Reduce various MHDDAD contracts.
Discontinue internship program for mental health consumers.
Reduce funding for Centralized Navigation Website.
Discontinue funding for the Family to Family program.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Reduce funding for mental health services provided by the United Way Regional Commission.
Reduce supported employment funding for mental health consumers.
Reduce state funds to reflect one-time refund from the employee retirement system.
Reduce motor vehicle purchases.

$11,821 ($2,089,913) ($11,596,897)
($303,500) ($762,624) ($140,000) ($133,930) ($1,717,380) ($130,000) ($240,000) ($100,000)
$0 ($75,000) ($3,800,000) ($3,369,755) ($210,000)

2295 $11,821
($2,089,913) ($11,596,897)
($303,500)
($762,624)
($140,000)
($133,930) ($1,717,380)
($130,000) ($240,000) ($100,000)
$0 ($75,000)
($3,800,000) ($3,369,755)
($210,000)

2296

JOURNAL OF THE HOUSE

Reflect savings from a delayed start date for crisis services in the community for the mental health and addictive disease consumers: a. Mobile Crisis Services start date January 1, 2009 ($1,400,000), b. 3 Assertive Community Treatment start date November 15, 2009 ($866,667), c. 3 Crisis Stabilization Programs start date January 1, 2009 ($2,350,000).
Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $949,146).
Increase federal funds to reflect change in Medicaid federal participation rate.
Increase funds to help community providers cover expenditures for services not reimbursed by Medicaid.
Amount appropriated in this Act

($4,616,667)
$0 ($8,510,180)
$2,500,000 $201,857,512

($4,616,667)
($949,146) $0
$2,500,000 $234,752,559

26.9. Adult Nursing Home Services

Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities.

Total Funds

$11,378,001

Other Funds

$9,012,772

Agency Funds

$9,012,772

State Funds

$2,365,229

State General Funds

$2,365,229

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

State Funds $2,383,183
$386

Total Funds $11,395,955
$386

TUESDAY, MARCH 10, 2009

2297

Reflect savings from 1 day per month furlough affecting employees pay grade 15 and above.
Amount appropriated in this Act

($18,340) $2,365,229

($18,340) $11,378,001

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 Block Grant

$14,000,000

Other Funds

$28,000,000

Other Funds - Not Specifically Identified

$28,000,000

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

$11,872,326

Federal Funds and Grants

$9,733,254

Prevention and Treatment of Substance Abuse Block Grant

$12,840,951

Other Funds

$0

State Funds

$2,139,072

State General Funds

$2,139,072

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 (HB990)

$9,420,763

$19,154,017

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$612

$612

Defer state employees' salary increases effective January 1, 2009.

($161,308)

($161,308)

2298

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funding for new provider training and reduce number of quality compliance audits.
Reflect savings from furloughs affecting employees pay grade 15 and above.
Reduce various contracts.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Reduce funds for non-medically necessary community support services.
Discontinue funding for the pardons and parole outpatient substance abuse service program.
Defer expansion of a pilot treatment program for families and children.
Reduce funding for child and adolescent substance abuse core services.
Amount appropriated in this Act

($943,507)
($27,500) ($3,290) ($100,000) ($40,745) ($1,000,000) ($1,180,145) ($3,273,822) ($551,986) $2,139,072

($943,507)
($27,500) ($3,290) ($100,000) ($40,745) ($1,000,000) ($1,180,145) ($3,273,822) ($551,986) $11,872,326

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

$28,779,937

Federal Funds and Grants

$12,791,418

Medical Assistance Program

$7,041,910

Federal Funds Not Specifically Identified

$2,641,811

Other Funds

$3,722,681

Other Funds - Not Specifically Identified

$3,722,681

State Funds

$12,265,838

State General Funds

$12,265,838

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

TUESDAY, MARCH 10, 2009

2299

previous appropriation act:
Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce training for mental illness, developmental disabilities, and addictive diseases.
Reflect savings from furloughs affecting employees pay grade 15 and above.
Defer 3% provider rate increase provided for in FY 2009.
Defer funds for Matthew Reardon provided for in FY 2009.
Eliminate new funding provided for in FY 2009 for Marcus Institute.
Reduce funds for 135 vacant Mental Retardation Waiver Program slots provided for in FY 2009. (CC:Reflect increased FMAP.) Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

State Funds $20,819,083
$3,983 ($139,370) ($815,189)
($109,167) ($4,760)
($146,832) ($50,000) ($250,000) ($51,872)
($6,990,038) $12,265,838

Total Funds $30,542,359
$3,983 ($139,370) ($815,189)
($109,167) ($4,760)
($397,919) ($50,000) ($250,000)
$0
$0 $28,779,937

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

$2,948,404

Federal Funds and Grants

$0

2300

JOURNAL OF THE HOUSE

Other Funds

$0

State Funds

$2,948,404

State General Funds

$2,948,404

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,103,859

$3,103,859

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$657

$657

Defer state employees' salary increases effective January 1, 2009.

($22,687)

($22,687)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($132,695)

($132,695)

Reflect savings from furloughs affecting 125 employees pay grade 15 and above.

($730)

($730)

Amount appropriated in this Act

$2,948,404

$2,948,404

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

$131,341,924

Federal Funds and Grants

$14,067,846

Medical Assistance Program

$5,516,431

Community Mental Health Services Block Grant

$6,509,895

Federal Funds Not Specifically Identified

$2,041,520

Other Funds

$51,196,318

Agency Funds

$11

Other Funds - Not Specifically Identified

$51,196,307

State Funds

$65,885,406

State General Funds

$65,885,406

Intra-State Government Transfers

$192,354

TUESDAY, MARCH 10, 2009

2301

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 (HB990)

$90,721,809

$150,787,896

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,819

$4,819

Defer state employees' salary increases effective January 1, 2009.

($453,614)

($453,614)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($2,653,232)

($2,653,232)

Reduce training for mental illness, developmental disabilities, and addictive diseases.

($44,315)

($44,315)

Reduce funding for new provider training and reduce number of quality compliance audits.

($676,000)

($802,000)

Reduce funds for non-medically necessary community support services.

($3,000,000)

($3,000,000)

Reflect savings from furloughs affecting employees pay grade 15 and above.

($24,310)

($24,310)

Reduce state funds to reflect one-time refund from the employee retirement system.

($353,507)

($353,507)

Reduce various contracts.

($100,000)

($100,000)

Replace state general funds with other funds for the transition of consumers from 4 stateoperated community homes to the community.

($1,734,000)

($1,734,000)

Defer planned expansion of summer activities for youth with serious emotional disturbances.

($1,000,000)

($1,000,000)

Reduce funding for mental health services provided by the United Way Regional Commission.

($25,000)

($25,000)

2302

JOURNAL OF THE HOUSE

Provide for a savings in the child and adolescent crisis stabilization program.
Defer proposed Medicaid rate increase for child and adolescent mental health.
Replace state general funds with other funds for the transition of child and adolescent residential services.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Reduce motor vehicle purchases.
Replace state general funds with other funds for the transition of child and adolescent services in the Outdoor Therapeutic program.
Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

($723,873) ($3,000,000) ($2,411,355)
($61,117) ($39,000) ($3,025,468)
($5,516,431) $65,885,406

($723,873) ($3,000,000) ($2,411,355)
($61,117) ($39,000) ($3,025,468)
$0 $131,341,924

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

$226,160,885

Federal Funds and Grants

$169,839,659

Temporary Assistance for Needy Families Block Grant

$12,115,439

Social Services Block Grant

$90

Child Care & Development Block Grant

$64,619,903

CCDF Mandatory & Matching Funds

$90,698,416

Federal Funds Not Specifically Identified

$2,405,811

Other Funds

$2,500,000

Agency Funds

$2,500,000

State Funds

$53,821,226

State General Funds

$53,821,226

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 (HB990)

$58,577,959

$226,676,511

TUESDAY, MARCH 10, 2009

2303

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce state funds for the Child Care Services program and replace with TANF funds ($1,835,296) and unobligated Child Care Development Funds (CCDF) ($2,405,811).
Amount appropriated in this Act

$286 ($75,325) ($440,587)
($4,241,107)
$53,821,226

$286 ($75,325) ($440,587)
$0
$226,160,885

26.16. Child Support Services

Purpose: Encourage and enforce the parental responsibility of paying financial support.

Total Funds

$89,580,919

Federal Funds and Grants

$64,007,108

Social Services Block Grant

$120,000

Federal Funds Not Specifically Identified

$63,887,108

Other Funds

$2,841,500

Agency Funds

$2,541,500

Other Funds - Not Specifically Identified

$300,000

State Funds

$22,336,551

State General Funds

$22,336,551

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 (HB990)

$24,963,922

$94,205,955

2304

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reflect savings from furloughs affecting 116 employees pay grade 15 and above.
Eliminate 33 vacant positions.
Reflect savings from discontinuing the call center contract with United Way and providing service with internal staff through a virtual call center.
Reduce district attorney contracts and eliminate 1 district attorney legal services contract.
Reduce program funding and maximize federal contributions.
Amount appropriated in this Act

$770,782 ($228,796) ($1,338,257)
($83,100) ($476,000) ($300,000)
($272,000) ($700,000) $22,336,551

$770,782 ($228,796) ($1,338,257)
($244,412) ($1,400,000)
($882,353)
($602,000) ($700,000) $89,580,919

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

$286,640,149

Federal Funds and Grants

$165,238,249

Temporary Assistance for Needy Families Block Grant

$66,839,688

Social Services Block Grant

$8,264,167

Foster Care Title IV-E

$28,858,623

Medical Assistance Program

$13,045,051

Community Service Block Grant

$4,000

CCDF Mandatory & Matching Funds

$721,335

TANF Transfers to Social Services Block Grant

$25,800,000

Federal Funds Not Specifically Identified

$21,705,385

TUESDAY, MARCH 10, 2009

2305

Other Funds

$26,438,482

Other Funds - Not Specifically Identified

$24,830,076

Prior Year Funds - Other

$1,608,406

State Funds

$94,963,418

State General Funds

$94,963,418

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 (HB990)

$117,613,541

$323,659,907

Defer state employees' salary increases effective January 1, 2009.

($2,807,408)

($2,807,408)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($3,479,704)

($3,479,704)

Reduce child protective services caseworkers through attrition and maintain a 15:1 caseload ratio (Total Funds: $14,451,878).

($7,595,616)

($14,451,878)

Defer Regional Assessment Center funding provided in FY 2009 (Total Funds: $1,194,101).

($560,000)

($1,194,101)

Reduce state funded contracts through lower utilization and administrative efficiencies (Total Funds: $426,466).

($200,000)

($426,466)

Reduce staffing through layoffs

$0

$0

(approximately two hundred eighty-four

(284) positions. Case to worker ratio would

increase to above 17:1.

Transfer state funds to Adoption Services to fund projected caseload growth.

($1,200,000)

($1,200,000)

Transfer $1,471,047 in federal funds from Child Welfare Services program to Adoption Services program to fund projected caseload growth.

$0

($1,471,047)

2306

JOURNAL OF THE HOUSE

Reflect savings from special 1 day per month DFCS furlough for pay grade 12 and above (Total Funds: ($5,405,410).
Reduce TANF funds based on historical expenditures (Total Funds: $4,839,159).
Reflect savings from department-wide furlough for employees pay grade 15 and above (Total Funds: $1,757,085).
Increase federal funds to reflect change in Medicaid federal participation rate.
Increase funds for the Rainbow House.
Reduce funds due to the Targeted Case Management moratorium.
Amount appropriated in this Act

($2,534,666)
$0 ($825,830)
($1,124,588) $12,500
($2,334,811) $94,963,418

($5,405,410)
($4,839,159) ($1,757,085)
$0 $12,500
$0 $286,640,149

26.18. Direct Care Support Services

Purpose: Provide facility support services and direct patient support therapies.

Total Funds

$163,180,964

Federal Funds and Grants

$3,205,526

Federal Funds Not Specifically Identified

$3,205,526

Other Funds

$41,506,342

Agency Funds

$40,682,332

Other Funds - Not Specifically Identified

$824,010

State Funds

$113,313,562

State General Funds

$113,313,562

Intra-State Government Transfers

$5,155,534

Other Intra-State Government Payments

$5,155,534

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$122,634,924

$172,502,326

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$138,941

$138,941

Defer state employees' salary increases effective January 1, 2009.

($2,205,756)

($2,205,756)

TUESDAY, MARCH 10, 2009

2307

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reflect savings from furloughs affecting employees pay grade 15 and above.
Reduce motor vehicle purchases.
Amount appropriated in this Act

($6,814,829)
($259,500) ($180,218) $113,313,562

($6,814,829)
($259,500) ($180,218) $163,180,964

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

$17,397,116

Federal Funds and Grants

$4,251,150

Social Services Block Grant

$2,279,539

Medical Assistance Program

$99,654

Federal Funds Not Specifically Identified

$1,871,957

Other Funds

$76,015

Other Funds - Not Specifically Identified

$76,015

State Funds

$13,069,951

State General Funds

$13,069,951

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 (HB990)

$14,577,451

$18,404,962

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,309

$11,309

Defer state employees' salary increases effective January 1, 2009.

($91,322)

($91,322)

2308

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reflect savings from department-wide furlough.
Discontinue the Public Guardianship program ($250,000), eliminate associated vacant state office position ($77,880), and utilize existing Adult Protection Services staff to serve clients.
Reduce state funds to reflect additional federal funding for Targeted Case Management (TCM) available in FY 2009.
Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

($534,151)
($65,802) ($327,880)
($400,000) ($99,654) $13,069,951

($534,151)
($65,802) ($327,880)
$0 $0 $17,397,116

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

$116,229,233

Federal Funds and Grants

$49,317,781

Social Services Block Grant

$3,761,430

Medical Assistance Program

$7,882,457

Federal Funds Not Specifically Identified

$37,673,894

Other Funds

$121,742

Agency Funds

$121,742

State Funds

$66,789,710

Tobacco Funds

$5,073,877

State General Funds

$61,715,833

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act

State Funds $78,540,174

Total Funds $120,097,240

TUESDAY, MARCH 10, 2009

(HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contract expenditures through reduced utilization and administrative efficiencies.
Transfer state funds from the Elder Community Living Services program to the Elder Support Services program.
Transfer Tobacco Funds from the Elder Support Services program to the Elder Community Living Services program.
Reflect savings from department-wide furlough.
Defer Community Care Service Program (CCSP) rate increase provided for in FY 2009.
Reduce funds for Alzheimer's respite services.
Reduce funding for Senior Connections in DeKalb County.
Reduce funding for the Haralson County Senior Center.
Discontinue funding for Alzheimer's Congregational Respite training.
Discontinue funding for Naturally Occurring Retirement Communities (NORCs).
Discontinue Wellness: Take Charge of Your Health program ($336,000) and eliminate associated vacant state office position ($66,169).

$3,230 ($7,031) ($41,120)
($7,057) ($1,409,144)
$1,409,144 ($20,994)
($1,350,227) ($190,281) ($20,000) ($15,000) ($96,000) ($282,500) ($402,169)

2309
$3,230 ($7,031) ($41,120)
($7,057) ($1,409,144)
$1,409,144 ($20,994)
($1,350,227) ($190,281) ($20,000) ($15,000) ($96,000) ($282,500) ($402,169)

2310

JOURNAL OF THE HOUSE

Reduce funding for wellness and nutrition education programs.
Reduce funds for non-Medicaid home and community based respite services through attrition.
Increase federal funds to reflect change in Medicaid federal participation rate.
Amount appropriated in this Act

($560,330) ($878,528)
($7,882,457) $66,789,710

($560,330) ($878,528)
$0 $116,229,233

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

$8,034,072

Federal Funds and Grants

$5,901,407

Federal Funds Not Specifically Identified

$5,901,407

Other Funds

$0

State Funds

$2,132,665

Tobacco Funds

$1,117,929

State General Funds

$1,014,736

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 (HB990)

$4,586,229

$10,487,636

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$719

$719

Defer state employees' salary increases effective January 1, 2009.

($573)

($573)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($3,349)

($3,349)

TUESDAY, MARCH 10, 2009

2311

Transfer state funds from the Elder Community Living Services program to the Elder Support Services program.
Transfer Tobacco Funds from the Elder Support Services program to the Elder Community Living Services program.
Discontinue the Life Long Planning program ($970,071) and eliminate associated vacant state office position ($70,820).
Discontinue the GeorgiaCares Prescription Assistance program ($300,000) and eliminate associated vacant state office position ($58,220).
Discontinue funding for Naturally Occurring Retirement Communities (NORCs).
Defer funds for Nutritional Services Incentive Program provided for in FY 2009.
Amount appropriated in this Act

$1,409,144 ($1,409,144) ($1,040,891)
($358,220)
($267,500) ($783,750) $2,132,665

$1,409,144 ($1,409,144) ($1,040,891)
($358,220)
($267,500) ($783,750) $8,034,072

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

$125,004,089

Federal Funds and Grants

$64,061,277

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

$61,232,690

Other Funds

$4,187,397

Other Funds - Not Specifically Identified

$4,187,397

State Funds

$56,755,415

State General Funds

$56,755,415

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 (HB990)

$56,870,673

$125,750,993

2312

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce eligibility determination positions through attrition (Total Funds: $1,263,292).
Amount appropriated in this Act

$1,391,702 ($127,799) ($747,515)
($631,646) $56,755,415

$1,391,702 ($127,799) ($747,515)
($1,263,292) $125,004,089

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

$47,643,644

Federal Funds and Grants

$42,726,666

Maternal and Child Health Services Block Grant

$407,750

Preventive Health and Health Services Block Grant

$1,147,504

Federal Funds Not Specifically Identified

$41,171,412

Other Funds

$0

State Funds

$4,916,978

State General Funds

$4,916,978

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,401,703

$49,128,369

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$9,184

$9,184

Defer state employees' salary increases effective January 1, 2009.

($22,835)

($22,835)

TUESDAY, MARCH 10, 2009

2313

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contract expenditures through reduced utilization and administrative efficiencies.
Eliminate 3 vacant positions.
Reduce general grant-in-aid funding to county boards of health by 3.5%.
Reflect savings from department-wide furlough.
Reflect savings related to reduced expense for antiviral storage.
Reduce funds for designated trauma centers.
Amount appropriated in this Act

($133,559)
($7,540)
($125,854) ($33,901) ($70,220) ($100,000) ($1,000,000) $4,916,978

($133,559)
($7,540)
($125,854) ($33,901) ($70,220) ($100,000) ($1,000,000) $47,643,644

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

$11,915,502

Federal Funds and Grants

$6,419,324

Preventive Health and Health Services Block Grant

$196,750

Federal Funds Not Specifically Identified

$6,222,574

Other Funds

$53,000

Other Funds - Not Specifically Identified

$53,000

State Funds

$5,390,358

2314

JOURNAL OF THE HOUSE

Tobacco Funds

$115,637

State General Funds

$5,274,721

Intra-State Government Transfers

$52,820

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 (HB990)

$5,996,602

$12,521,746

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,008

$1,008

Defer state employees' salary increases effective January 1, 2009.

($57,698)

($57,698)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($337,487)

($337,487)

Reduce contract expenditures through reduced utilization and administrative efficiencies.

($1,130)

($1,130)

Reduce funds to reflect department-wide furlough.

($46,780)

($46,780)

Reduce general grant-in-aid funding to county boards of health by 3.5%.

($24,203)

($24,203)

Eliminate 3 vacant positions.

($139,954)

($139,954)

Amount appropriated in this Act

$5,390,358

$11,915,502

26.26. Facility and Provider Regulation

Purpose: Inspect and license foster care residential facilities, child placing agencies, and health care facilities.

Total Funds

$15,416,914

Federal Funds and Grants

$7,585,002

Foster Care Title IV-E

$312,568

Federal Funds Not Specifically Identified

$7,272,434

Other Funds

$70,000

TUESDAY, MARCH 10, 2009

2315

Other Funds - Not Specifically Identified

$70,000

State Funds

$7,761,912

State General Funds

$7,761,912

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 (HB990)

$8,759,268

$16,414,270

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,996

$5,996

Defer state employees' salary increases effective January 1, 2009.

($54,807)

($54,807)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($320,573)

($320,573)

Eliminate the following vacant positions: a. 1 Rules Coordinator & 1 Complaint Intake Manager ($148,871) b. 2 Adult Day care positions ($212,500) c. 1 Diagnostic Surveyor ($14,330) d. 1 Personal Care Home surveyor ($77,771)

($453,472)

($453,472)

Reflect savings from furloughs affecting 125 employees pay grade 15 and above.

($121,300)

($121,300)

Reduce State Fire Marshal Office contract.

($3,200)

($3,200)

Reduce operating expenses.

($50,000)

($50,000)

Amount appropriated in this Act

$7,761,912

$15,416,914

26.27. Family Violence Services

Purpose: To provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state.

Total Funds

$12,850,708

Federal Funds and Grants

$7,848,758

Temporary Assistance for Needy Families Block Grant

$5,565,244

2316

JOURNAL OF THE HOUSE

Preventive Health and Health Services Block Grant

$200,470

Federal Funds Not Specifically Identified

$2,083,044

Other Funds

$0

State Funds

$5,001,950

State General Funds

$5,001,950

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 (HB990)

$6,151,950

$14,000,708

Eliminate new funding for family violence shelters provided for in FY 2009.

($615,000)

($615,000)

Eliminate new funding for sexual assault centers provided for in FY 2009.

($535,000)

($535,000)

Amount appropriated in this Act

$5,001,950

$12,850,708

26.28. Federal and Unobligated Balances

Purpose: Reflect balances of federal funds from prior years. No services are provided.

Total Funds

$37,348,536

Federal Funds and Grants

$37,348,536

TANF Block Grant - Unobligated Balance

$37,348,536

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$21,966,009

Reflect TANF Unobligated Balance.

$0

$15,382,527

Amount appropriated in this Act

$0

$37,348,536

26.29. Food Stamp Eligibility and Benefits

Purpose: To promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries.

Total Funds

$91,139,087

Federal Funds and Grants

$53,495,947

Federal Funds Not Specifically Identified

$53,495,947

Other Funds

$12,409

TUESDAY, MARCH 10, 2009

2317

Other Funds - Not Specifically Identified

$12,409

State Funds

$37,630,731

State General Funds

$37,630,731

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 (HB990)

$39,590,489

$93,658,984

Defer state employees' salary increases effective January 1, 2009.

($204,350)

($204,350)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,195,269)

($1,195,269)

Reduce eligibility determination positions through attrition (Total Funds: $1,120,178).

($560,139)

($1,120,278)

Amount appropriated in this Act

$37,630,731

$91,139,087

26.30. Immunization

Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance.

Total Funds

$27,455,666

Federal Funds and Grants

$16,290,395

Maternal and Child Health Services Block Grant

$7,164,877

Preventive Health and Health Services Block Grant

$703,712

Federal Funds Not Specifically Identified

$8,421,806

Other Funds

$469,946

Agency Funds

$469,946

State Funds

$10,695,325

State General Funds

$10,695,325

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

$11,962,587

$28,320,797

2318

JOURNAL OF THE HOUSE

(HB990)
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds to reflect department-wide furlough.
Reduce general grant-in-aid funding to county boards of health by 3.5%.
Replace state funds with federal funds for the purchase of Rotavirus vaccines for underinsured infants.
Amount appropriated in this Act

($100,574) ($588,269)
($22,860) ($153,428) ($402,131) $10,695,325

($100,574) ($588,269)
($22,860) ($153,428)
$0 $27,455,666

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

$61,526,272

Federal Funds and Grants

$28,353,517

Maternal and Child Health Services Block Grant

$8,086,561

Preventive Health and Health Services Block Grant

$267,356

Federal Funds Not Specifically Identified

$19,999,600

Other Funds

$0

State Funds

$33,172,755

State General Funds

$33,172,755

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 (HB990)

$38,933,461

$67,286,978

Defer state employees' salary increases effective January 1, 2009.

($341,404)

($341,404)

TUESDAY, MARCH 10, 2009

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce purchase of supplies and other operating expenses.
Eliminate 2 vacant positions.
Reduce contract expenditures through reduced utilization and administrative efficiencies.
Reduce general grant-in-aid funding to county boards of health by 3.5%.
Reflect savings from department-wide furlough.
Reflect savings from the implementation of an integrated and more medically appropriate system for serving children with special needs.
Transfer 5 state funded positions to federal funds.
Defer planned expansion of the purchase of car beds.
Defer funds for a second sickle cell bus provided for in FY 2009.
Reduce funds for sickle cell services provided by the Fulton-DeKalb Hospital Authority.
Reduce funds for Hemophilia of Georgia contract.
Reduce funds for the Infant and Maternal Health Advisory Council.
Reduce funding for Tertiary Care Center administration contracts.
Reduce unobligated funds previously used for tertiary care center contracts management.
Amount appropriated in this Act

($1,996,911)
($264,000) ($92,084) ($21,218) ($144,927) ($22,450) ($1,200,000)
($260,349) ($36,000) ($300,000) ($88,796) ($182,000) ($144,430) ($200,000) ($466,137) $33,172,755

2319 ($1,996,911)
($264,000) ($92,084) ($21,218)
($144,927) ($22,450) ($1,200,000)
($260,349) ($36,000) ($300,000) ($88,796)
($182,000) ($144,430) ($200,000) ($466,137)
$61,526,272

2320

JOURNAL OF THE HOUSE

26.32. Infant and Child Health Promotion

Purpose: To provide education and services to promote health and nutrition for infants and children.

Total Funds

$292,827,016

Federal Funds and Grants

$275,131,707

Temporary Assistance for Needy Families Block Grant

$4,094,783

Maternal and Child Health Services Block Grant

$3,813,329

Preventive Health and Health Services Block Grant

$156,221

Federal Funds Not Specifically Identified

$267,067,374

Other Funds

$49,137

Agency Funds

$41,840

Other Funds - Not Specifically Identified

$7,297

State Funds

$17,575,484

State General Funds

$17,575,484

Intra-State Government Transfers

$70,688

Other Intra-State Government Payments

$70,688

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$29,858,162

$305,109,694

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$8,988

$8,988

Defer state employees' salary increases effective January 1, 2009.

($1,439,198)

($1,439,198)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($8,418,023)

($8,418,023)

Reduce contract expenditures through reduced utilization and administrative efficiencies.

($4,760)

($4,760)

Reduce general grant-in-aid funding to county boards of health by 3.5%.

($256,257)

($256,257)

TUESDAY, MARCH 10, 2009

2321

Reflect savings from department-wide furlough.
Defer planned expansion of the purchase of car seats.
Reduce funds to recognize administrative efficiencies in the newborn screening followup contract with Emory University.
Defer funds for YMCA Youth Fit for Life provided for in FY 2008.
Defer funds for Safe House Outreach provided for in FY 2009.
Reflect savings from the implementation of an integrated and more medically appropriate system for serving children with special needs.
Transfer 6 state funded positions to federal funds.
Eliminate 9 vacant positions.
Reflect savings from discontinuing Saturday lab hours.
Amount appropriated in this Act

($32,000) ($200,000) ($134,320)
($100,000) ($40,000) ($545,069)
($405,464) ($380,875) ($335,700) $17,575,484

($32,000) ($200,000) ($134,320)
($100,000) ($40,000) ($545,069)
($405,464) ($380,875) ($335,700) $292,827,016

26.33. Infectious Disease Control

Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases.

Total Funds

$96,742,198

Federal Funds and Grants

$59,503,141

Maternal and Child Health Services Block Grant

$484,489

Federal Funds Not Specifically Identified

$59,018,652

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$37,089,057

State General Funds

$37,089,057

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act

$41,912,787

$101,565,928

2322

JOURNAL OF THE HOUSE

(HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce purchase of supplies and other operating expenses.
Eliminate 8 vacant positions.
Reduce contract expenditures through reduced utilization and administrative efficiencies.
Reduce general grant-in-aid funding to county boards of health by 3.5%.
Reflect savings from department-wide furlough.
Amount appropriated in this Act

$1,334 ($1,180,930) ($2,571,827)
($400,000) ($396,186) ($26,316) ($183,615) ($66,190) $37,089,057

$1,334 ($1,180,930) ($2,571,827)
($400,000) ($396,186) ($26,316) ($183,615) ($66,190) $96,742,198

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

$2,428,892

Federal Funds and Grants

$1,459,130

Preventive Health and Health Services Block Grant

$112,005

Federal Funds Not Specifically Identified

$1,347,125

Other Funds

$0

State Funds

$969,762

Tobacco Funds

$75,000

State General Funds

$894,762

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 10, 2009

2323

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Eliminate 1 vacant position.
Reduce funds to reflect department-wide furlough.
Reduce general grant-in-aid funding to county boards of health by 3.5%.
Discontinue funding for the suicide prevention planning activities. (CC:Restore partial funding.)
Amount appropriated in this Act

State Funds $1,257,613
$447
($16,770) ($98,093)
($41,227) ($7,870) ($8,750) ($115,588)
$969,762

Total Funds $2,716,743
$447
($16,770) ($98,093)
($41,227) ($7,870) ($8,750) ($115,588)
$2,428,892

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

$19,950,266

Federal Funds and Grants

$1,320,931

Maternal and Child Health Services Block Grant

$200,210

Preventive Health and Health Services Block Grant

$336,772

Federal Funds Not Specifically Identified

$783,949

Other Funds

$438,262

Other Funds - Not Specifically Identified

$438,262

State Funds

$18,191,073

State General Funds

$18,191,073

Intra-State Government Transfers

$0

2324

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 (HB990)

$18,927,060

$20,686,253

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$787

$787

Defer state employees' salary increases effective January 1, 2009.

($53,831)

($53,831)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($314,864)

($314,864)

Eliminate 1 vacant position.

($73,162)

($73,162)

Reduce funds to reflect department-wide furlough.

($34,500)

($34,500)

Reduce general grant-in-aid funding to county boards of health by 3.5%.

($260,417)

($260,417)

Redirect funding to Adolescent and Adult

$0

$0

Health Promotion to be distributed as county

grant-in-aid.

Amount appropriated in this Act

$18,191,073

$19,950,266

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

$254,418,977

Federal Funds and Grants

$154,684,554

Temporary Assistance for Needy Families Block Grant

$100,165,092

Foster Care Title IV-E

$42,187,462

Federal Funds Not Specifically Identified

$12,332,000

Other Funds

$0

State Funds

$99,734,423

State General Funds

$99,734,423

Intra-State Government Transfers

$0

TUESDAY, MARCH 10, 2009

2325

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$115,871,866

$263,854,696

Transfer $2,649,000 in TANF funds from the Out-of-Home Care program to the Support for Needy Families - Basic program to align budget with expenditures.

$0

($2,649,000)

Reduce state funds for the Out-of-Home

($12,000,000)

$0

Care program and replace with TANF funds.

Reduce Child Placing Agency (CPA) reimbursement rates for the lowest 3 levels of care provided.

($980,191)

($3,518,890)

Reflect Out-of-Home Care program savings due to higher utilization of in-home services (Total Funds: $310,970).

($259,466)

($310,970)

Reduce Foster Care Title IV-E funds by $2,956,859 to align budget with expenditures.

$0

($2,956,859)

Recognize additional Federal Medical

($2,897,786)

$0

Assistance Percentage (FMAP) funds from

the American Recovery and Reinvestment

Act of 2009.

Amount appropriated in this Act

$99,734,423

$254,418,977

26.38. Refugee Assistance

Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees.

Total Funds

$4,749,006

Federal Funds and Grants

$4,749,006

Federal Funds Not Specifically Identified

$4,749,006

26.39. Substance Abuse Prevention Services

Purpose: To promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse of alcohol, tobacco and drugs.

Total Funds

$23,097,732

Federal Funds and Grants

$22,893,046

Prevention and Treatment of Substance Abuse Block Grant

$19,978,445

2326

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$2,914,601

Other Funds

$194,000

Agency Funds

$194,000

State Funds

$10,686

State General Funds

$10,686

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,238,772

$24,325,818

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$393

$393

Defer state employees' salary increases effective January 1, 2009.

($46,541)

($46,541)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($272,228)

($272,228)

Reduce funds to reflect department-wide furlough.

($9,710)

($9,710)

Reduce purchase of supplies and other operating expenses.

($400,600)

($400,600)

Transfer 3 state funded positions and associated operating expenses to federal funds.

($499,400)

($499,400)

Amount appropriated in this Act

$10,686

$23,097,732

26.40. Support for Needy Families - Basic Assistance

Purpose: To provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$59,687,784

Federal Funds and Grants

$59,587,784

Temporary Assistance for Needy Families Block Grant

$28,026,964

TANF Block Grant - Unobligated Balance

$31,560,820

TUESDAY, MARCH 10, 2009

2327

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 (HB990)

$100,000

$58,100,000

Transfer $2,649,000 in TANF funds from the Out-of-Home Care program to the Support for Needy Families - Basic program to align budget with expenditures.

$0

$2,649,000

Align TANF Block Grant funding with anticipated expenditures.

$0

($1,061,216)

Provide for an additional reduction.

$0

$0

Amount appropriated in this Act

$100,000

$59,687,784

26.41. Support for Needy Families - Family Assistance

Purpose: To administer and aid needy families in the accomplishment of Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$49,746,232

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

$1,391,696

State General Funds

$1,391,696

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)

State Funds $6,464,606

Total Funds $54,819,142

2328

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.

($2,091,321)

($2,091,321)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($2,981,589)

($2,981,589)

Reduce funding provided for in FY 2009 for rent increases for 4 new county DFCS offices (Total Funds: $904,543).

($673,696)

($904,543)

Reduce staffing through special DFCS

$0

$0

furlough plan and attrition, Seven hundred-

two (702) positions equivalents over nine (9)

months. Goal is to maintain cases to worker

ratio of 15:1

Increase funds to plan for a new county owned DFCS facility in Carroll County, Liberty County, Walton County, and Treutlen County.

$673,696

$904,543

Amount appropriated in this Act

$1,391,696

$49,746,232

Provided, however, from the appropriation of State General Funds designated above for program 26.41. Support for Needy Families - Family Assistance, the amount of $673,696 is specifically appropriated for this purpose: "Increase funds to plan for a new county owned DFCS facility in Carroll County, Liberty County, Walton County, and Treutlen County". Notwithstanding the statement of specific purpose in this proviso, the appropriation of State General Funds in Program 26.41. Support for Needy Families - Family Assistance above may be used for this specific purpose as well.

26.42. Support for Needy Families - Work Assistance

Purpose: To assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$33,234,348

Federal Funds and Grants

$25,519,348

Temporary Assistance for Needy Families Block Grant

$23,116,253

CCDF Mandatory & Matching Funds

$6,500

Federal Funds Not Specifically Identified

$2,396,595

State Funds

$7,695,000

TUESDAY, MARCH 10, 2009

2329

State General Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies

$7,695,000 $20,000 $20,000

26.43. Vital Records

Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

Total Funds

$3,718,958

Federal Funds and Grants

$500,680

Federal Funds Not Specifically Identified

$500,680

Other Funds

$0

State Funds

$3,218,278

State General Funds

$3,218,278

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,764,443

$4,265,123

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,364

$2,364

Defer state employees' salary increases effective January 1, 2009.

($78,045)

($78,045)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($456,494)

($456,494)

Reduce funds to reflect department-wide furlough.

($13,990)

($13,990)

Amount appropriated in this Act

$3,218,278

$3,718,958

The following appropriations are for agencies attached for administrative purposes.
26.44. Brain & Spinal Injury Trust Fund Purpose: Provide disbursements from the Trust Fund to offset the costs of care and

2330

JOURNAL OF THE HOUSE

rehabilitative services to citizens of the state who have survived brain or spinal cord injuries.

Total Funds

$2,072,243

Federal Funds and Grants

$100,000

Federal Funds Not Specifically Identified

$100,000

Other Funds

$3,250

Agency Funds

$3,250

State Funds

$1,968,993

Brain & Spinal Injury Trust Fund

$1,968,993

26.45. 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

$198,954

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$198,954

State General Funds

$198,954

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Defer funding provided in FY 2009 for the Georgia for a Lifetime study (Project 2020).
Amount appropriated in this Act

State Funds $252,352 ($2,185) ($11,213)
$0 ($40,000) $198,954

Total Funds $252,352 ($2,185) ($11,213)
$0 ($40,000) $198,954

TUESDAY, MARCH 10, 2009

2331

26.46. Governor's Council on Developmental Disabilities

Purpose: Promote quality services and support for people with developmental disabilities and their families.

Total Funds

$2,247,814

Federal Funds and Grants

$2,195,817

Federal Funds Not Specifically Identified

$2,195,817

Other Funds

$0

State Funds

$51,997

State General Funds

$51,997

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$70,917

$2,266,734

Defer state employees' salary increases effective January 1, 2009.

($10,655)

($10,655)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($3,811)

($3,811)

Provide for an additional reduction to operations.

$0

$0

Delay hiring vacant program associate position.

($4,454)

($4,454)

Amount appropriated in this Act

$51,997

$2,247,814

26.47. Family Connection

Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families.

Total Funds

$10,666,364

Federal Funds and Grants

$2,037,272

Temporary Assistance for Needy Families Block Grant

$1,200,000

Federal Funds Not Specifically Identified

$837,272

Other Funds

$0

2332

JOURNAL OF THE HOUSE

State Funds

$8,629,092

State General Funds

$8,629,092

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,600,837

$12,069,608

Defer state employees' salary increases effective January 1, 2009.

($2,959)

($2,959)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($9,787)

($9,787)

Provide for an additional reduction to operations.

$0

$0

Reduce state funds for technical assistance ($431,499) and county collaborative contracts ($477,000) (Total funds: $1,339,998).

($908,499)

($1,339,998)

Reduce personal services ($40,000) and regular operating expenses ($10,500).

($50,500)

($50,500)

Amount appropriated in this Act

$8,629,092

$10,666,364

26.48. Sexual Offender Review Board

Purpose: Protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending.

Total Funds

$869,183

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$869,183

State General Funds

$869,183

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

TUESDAY, MARCH 10, 2009

2333

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce operating expenses.
Amount appropriated in this Act

$955,737 ($1,538) ($19,502)
($8,793) ($56,721) $869,183

$955,737 ($1,538) ($19,502)
($8,793) ($56,721) $869,183

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

$17,638,352 $954,555 $954,555 $97,232 $81,806 $15,426
$16,586,565 $16,586,565
$0

27.1. Administration

Purpose: Protecting the rights of Georgia citizens in insurance and industrial loan transactions, and maintain a fire safe environment.

Total Funds

$1,923,334

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,923,334

State General Funds

$1,923,334

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2334

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce personal services through a combination of attrition, furloughs, and reductions in force.
Reduce real estate rentals to $743,075 based on current GBA rental billings.
Reduce funding for computer charges.
Amount appropriated in this Act

State Funds $2,490,268
$1,212
($24,846) ($123,325)
($68,221) ($275,713)
($1,041) ($75,000) $1,923,334

Total Funds $2,490,268
$1,212
($24,846) ($123,325)
($68,221) ($275,713)
($1,041) ($75,000) $1,923,334

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

$703,609

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$703,609

State General Funds

$703,609

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act

$883,508

$883,508

TUESDAY, MARCH 10, 2009

2335

(HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce personal services through a combination of attrition, furloughs, and reductions in force.
Reduce real estate rentals to $743,075 based on current GBA rental billings.
Reduce funding for contractual services.
Amount appropriated in this Act

$307 ($11,526) ($53,999)
($100,713) ($3,968) ($10,000) $703,609

$307 ($11,526) ($53,999)
($100,713) ($3,968)
($10,000) $703,609

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

$5,713,437

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

$4,661,650

State General Funds

$4,661,650

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,649,189

$6,700,976

2336

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce personal services through a combination of attrition, furloughs, and reductions in force.
Reduce real estate rentals to $743,075 based on current GBA rental billings.
Reduce equipment ($17,500), computer charges ($45,000), and motor vehicle purchases ($51,373).
Amount appropriated in this Act

$4,174 ($74,348) ($332,976)
($100,000) ($362,555)
($7,961) ($113,873) $4,661,650

$4,174 ($74,348) ($332,976)
($100,000) ($362,555)
($7,961) ($113,873) $5,713,437

27.4. Industrial Loan

Purpose: Protect customers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or less.

Total Funds

$622,299

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$622,299

State General Funds

$622,299

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 (HB990)

$782,187

$782,187

TUESDAY, MARCH 10, 2009

2337

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce personal services through a combination of attrition, furloughs, and reductions in force.
Reduce real estate rentals to $743,075 based on current GBA rental billings.
Amount appropriated in this Act

$103 ($6,759) ($41,666)
($110,712) ($854)
$622,299

$103 ($6,759) ($41,666)
($110,712) ($854)
$622,299

27.5. Insurance Regulation

Purpose: Ensure that licensed insurance entities maintain solvency, and comply with state law and adopted rules, regulations, and standards.

Total Funds

$5,498,206

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$5,498,206

State General Funds

$5,498,206

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,090,259

$6,090,259

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$3,889

$3,889

Defer state employees' salary increases effective January 1, 2009.

($61,193)

($61,193)

2338

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce personal services through a combination of attrition, furloughs, and reductions in force.
Reduce funding for computer charges.
Reduce real estate rentals to $743,075 based on current GBA rental billings.
Amount appropriated in this Act

($305,316)
($180,000) ($30,000) ($19,433) $5,498,206

($305,316)
($180,000) ($30,000) ($19,433) $5,498,206

27.6. Special Fraud Purpose: Identify and take appropriate action to deter insurance fraud. Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$3,177,467 $0 $0
$3,177,467 $3,177,467
$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,334,714

$3,334,714

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,436

$1,436

Defer state employees' salary increases effective January 1, 2009.

($35,359)

($35,359)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($123,324)

($123,324)

TUESDAY, MARCH 10, 2009

2339

Amount appropriated in this Act

$3,177,467

$3,177,467

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

$124,533,383 $40,844,247 $40,844,247 $16,953,830 $16,953,830 $66,735,306 $66,735,306 $0

28.1. Administration

Purpose: Provide the highest quality investigative, scientific, information services, and resources for the purpose of maintaining law and order and protecting life and property.

Total Funds

$9,998,364

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

$9,896,262

State General Funds

$9,896,262

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,901,853

$10,003,955

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$769,187

$769,187

Defer state employees' salary increases effective January 1, 2009.

($50,301)

($50,301)

2340

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Realize savings through the restructuring of the headquarters security contract.
Transfer funds to the Regional Forensic Services program to prevent the closure of the Western Regional Crime Lab in Columbus, the Southwestern Regional Crime Lab in Moultrie and the Southwestern Medical Examiner office.
Amount appropriated in this Act

($213,627)
($331,211) ($179,639)
$9,896,262

($213,627)
($331,211) ($179,639)
$9,998,364

28.2. Centralized Scientific Services

Purpose: Provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

Total Funds

$14,686,359

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

$12,671,451

State General Funds

$12,671,451

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$14,536,126

$16,551,034

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$24,525

$24,525

Defer state employees' salary increases effective January 1, 2009.

($487,185)

($487,185)

TUESDAY, MARCH 10, 2009

2341

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Suspend purchase of equipment, real estate, computer charges, contracts, vehicles, and reduce regular operating costs such as travel, supplies and materials, and printing and publication agency-wide.
Eliminate 3 hourly staff positions.
Reduce funds by implementing an agencywide hiring freeze.
Revert to contracted forensic anthropology services when required.
Amount appropriated in this Act

($640,880)
($200,000)
($50,000) ($485,000) ($26,135) $12,671,451

($640,880)
($200,000)
($50,000) ($485,000) ($26,135) $14,686,359

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

$13,405,724

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

$9,399,936

State General Funds

$9,399,936

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 (HB990)

$11,040,504

$15,046,292

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$145,435

$145,435

2342

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Suspend purchase of equipment, real estate, computer charges, contracts, vehicles, and reduce regular operating costs such as travel, supplies and materials, and printing and publication agency-wide.
Eliminate 35 temporary labor positions.
Reduce funds by implementing an agencywide hiring freeze.
Amount appropriated in this Act

($100,256) ($460,403)
($50,000)
($598,503) ($576,841) $9,399,936

($100,256) ($460,403)
($50,000)
($598,503) ($576,841) $13,405,724

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

$1,078,193

Federal Funds and Grants

$360,025

Federal Funds Not Specifically Identified

$360,025

Other Funds

$479

Other Funds - Not Specifically Identified

$479

State Funds

$717,689

State General Funds

$717,689

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$939,414

$1,299,918

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,739

$5,739

TUESDAY, MARCH 10, 2009

2343

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funding for regular operating expenses.
Reduce funds by implementing an agencywide hiring freeze.
Amount appropriated in this Act

($44,315) ($33,149)
($65,000) ($85,000) $717,689

($44,315) ($33,149)
($65,000) ($85,000) $1,078,193

28.5. Regional Forensic Services

Purpose: Provide pathology services to determine cause and manner of death.

Total Funds

$8,098,903

Federal Funds and Grants

$0

Other Funds

$2,255

Other Funds - Not Specifically Identified

$2,255

State Funds

$8,096,648

State General Funds

$8,096,648

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer

State Funds $9,018,034
$34,263
($311,545) ($394,104)

Total Funds $9,020,289
$34,263
($311,545) ($394,104)

2344

JOURNAL OF THE HOUSE

contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds by implementing an agencywide hiring freeze.
Realize operational efficiencies by converting to intake only in Moultrie and consolidation of services from the Columbus laboratory.
Amount appropriated in this Act

($250,000) $0
$8,096,648

($250,000) $0
$8,098,903

28.6. Regional Investigative Services

Purpose: Identify, collect, preserve, and process evidence located during crime scene examinations and to render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals.

Total Funds

$24,170,855

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

$22,496,650

State General Funds

$22,496,650

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$27,486,004

$29,160,209

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$103,026

$103,026

Defer state employees' salary increases effective January 1, 2009.

($1,570,684)

($1,570,684)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,266,106)

($1,266,106)

TUESDAY, MARCH 10, 2009

2345

Reduce 10 hourly staff positions and 40 temporary labor positions.
Reduce funding for regular operating expenses ($257,600) and motor vehicle purchases ($610,731).
Reduce funds by implementing an agencywide hiring freeze.
Consolidate the Macon Regional Drug Enforcement Office and the Milledgeville Regional Investigative Office to one location, realizing savings in operational costs.
Reassign 3 Secure ID agents to regional investigative positions.
Reassign 17 State Drug Task Force agents to regional offices as regional investigative agents and eliminate 2 support staff positions.
Amount appropriated in this Act

($54,561) ($868,331) ($701,865) ($34,727)
($139,636) ($456,470)
$22,496,650

($54,561) ($868,331) ($701,865) ($34,727)
($139,636) ($456,470)
$24,170,855

28.7. Special Operations Unit

Purpose: Respond to requests from law enforcement agencies state-wide in order to render safe explosive devices of all types, and assist in the identification, arrest, and prosecution of individuals.

Total Funds

$3,851,953

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

$827,997

State General Funds

$827,997

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$922,919

$3,946,875

2346

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funding for regular operating expenses.
Reduce funds by implementing an agencywide hiring freeze.
Amount appropriated in this Act

$2,576 ($41,715) ($25,783)
($10,000) ($20,000) $827,997

$2,576 ($41,715) ($25,783)
($10,000) ($20,000) $3,851,953

28.8. State Healthcare Fraud Unit

Purpose: Identify, arrest, and prosecute providers of health care services who defraud the Medicaid Program.

Total Funds

$5,471,587

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

$1,073,226

State General Funds

$1,073,226

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

State Funds $1,244,726
$14,137

Total Funds $5,643,087
$14,137

TUESDAY, MARCH 10, 2009

2347

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds by implementing an agencywide hiring freeze.
Amount appropriated in this Act

($72,617) ($23,020)
($90,000) $1,073,226

($72,617) ($23,020)
($90,000) $5,471,587

28.9. Task Forces

Purpose: Provide GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

Total Funds

$1,083,358

Federal Funds and Grants

$0

Other Funds

$376

Other Funds - Not Specifically Identified

$376

State Funds

$1,082,982

State General Funds

$1,082,982

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,301,979

$1,302,355

Defer state employees' salary increases effective January 1, 2009.

($109,798)

($109,798)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($44,199)

($44,199)

Reduce funding for regular operating expenses.

($50,000)

($50,000)

Reduce funds by implementing an agencywide hiring freeze.

($15,000)

($15,000)

2348

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$1,082,982

$1,083,358

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 the Local Law Enforcement and Firefighter Fund.

Total Funds

$42,688,087

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

$472,465

State General Funds

$472,465

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$892,009

$43,107,631

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$7,125

$7,125

Defer state employees' salary increases effective January 1, 2009.

($3,784)

($3,784)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($19,109)

($19,109)

Provide for an additional reduction to operations.

($3,776)

($3,776)

Defer the Local Law Enforcement and Fire Safety grant program.

($500,000)

($500,000)

TUESDAY, MARCH 10, 2009

2349

Restore Local Law Enforcement and Fire Services grant program for the fourth quarter of FY 2009.
Amount appropriated in this Act

$100,000 $472,465

$100,000 $42,688,087

Section 29: Juvenile Justice, Department of Total Funds Federal Funds and Grants Foster Care Title IV-E Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$316,300,168 $1,875,115 $201,003 $1,674,112
$13,589,161 $25,060
$13,564,101 $300,835,892 $300,835,892
$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

$27,065,113

Federal Funds and Grants

$339,060

Federal Funds Not Specifically Identified

$339,060

Other Funds

$245,155

Agency Funds

$25,060

Other Funds - Not Specifically Identified

$220,095

State Funds

$26,480,898

State General Funds

$26,480,898

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 (HB990)

$28,459,888

$29,044,103

2350

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Increase turnover savings for exempt positions and freeze non-exempt positions.
Reduce part-time labor positions.
Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.
Furlough non-security employees with salaries above $50,000 for one day per month.
Reduce funding for motor vehicle purchases.
Provide mandatory training only.
Provide for a reduction to operating expenses.
Amount appropriated in this Act

$540,139
($205,950) ($1,052,771)
($126,724) ($88,195) ($91,954)
($190,535)
($63,000) ($200,000) ($500,000) $26,480,898

$540,139
($205,950) ($1,052,771)
($126,724) ($88,195) ($91,954) ($190,535)
($63,000) ($200,000) ($500,000) $27,065,113

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 or services for committed youth.

Total Funds

$43,791,902

Federal Funds and Grants

$201,003

Foster Care Title IV-E

$201,003

Other Funds

$5,002,533

Other Funds - Not Specifically Identified

$5,002,533

State Funds

$38,588,366

State General Funds

$38,588,366

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

TUESDAY, MARCH 10, 2009

previous appropriation act:
Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Furlough non-security employees one day per month.
Reduce part-time labor positions.
Increase turnover savings for exempt positions and freeze non-exempt positions.
Recognize one-time prior year savings based on contract utilization.
Discontinue funding for the Family Based Intervention program effective January 2009.
Recognize savings from mental health services paid for by Care Management Organizations.
Eliminate the use of the Weekend Sanctions Program.
Recognize savings for North Georgia Wilderness program closed in FY 2008 by reducing maximum length of stay in the Short Term program (STP) to 30 days.
Close Blakely Wilderness program effective April 2009 by reducing maximum length of stay in the Short Term program (STP) to 30 days.
Utilize Outdoor Therapy program (OTP) on fee-for-service basis.
Replace funds due to increased FMAP receipts.
Amount appropriated in this Act

State Funds $50,568,335
($29,370) ($103,802)
($12,331) ($33,658) ($52,153) ($4,810,282) ($744,144) ($3,080,000)
($72,170) ($2,053,560)
($403,466)
($384,030) ($201,003) $38,588,366

2351
Total Funds $55,570,868
($29,370) ($103,802)
($12,331) ($33,658) ($52,153) ($4,810,282) ($744,144) ($3,080,000) ($72,170) ($2,053,560)
($403,466)
($384,030) $0
$43,791,902

2352

JOURNAL OF THE HOUSE

29.3. Community Supervision

Purpose: Protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens.

Total Funds

$52,571,216

Federal Funds and Grants

$0

Other Funds

$4,297,106

Other Funds - Not Specifically Identified

$4,297,106

State Funds

$48,274,110

State General Funds

$48,274,110

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$55,094,993

$59,392,099

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$545,201

$545,201

Defer state employees' salary increases effective January 1, 2009.

($721,411)

($721,411)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($2,371,612)

($2,371,612)

Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.

($58,406)

($58,406)

Furlough non-security employees one day per month.

($64,866)

($64,866)

Increase turnover savings for exempt positions and freeze non-exempt positions.

($185,562)

($185,562)

Reduce part-time labor positions.

($270,687)

($270,687)

Eliminate funding and 67 vacant JPPS positions provided for in FY 2009 budget.

($3,157,758)

($3,157,758)

Reduce staffing of the Apprehensions Unit by 12 positions.

($338,239)

($338,239)

TUESDAY, MARCH 10, 2009

2353

Reduce funding for motor vehicle purchases. Amount appropriated in this Act

($197,543) $48,274,110

($197,543) $52,571,216

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

$91,272,006

Federal Funds and Grants

$1,274,905

Federal Funds Not Specifically Identified

$1,274,905

Other Funds

$2,125,182

Other Funds - Not Specifically Identified

$2,125,182

State Funds

$87,871,919

State General Funds

$87,871,919

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 (HB990)

$99,055,570

$102,455,657

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$60,453

$60,453

Defer state employees' salary increases effective January 1, 2009.

($2,112,778)

($2,112,778)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($4,170,394)

($4,170,394)

Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.

($76,834)

($76,834)

Discontinue funding for the Emory and MCG Residency program.

($10,400)

($10,400)

Eliminate motor vehicle purchases.

($84,803)

($84,803)

Replace social service provider positions with part-time positions.

($11,287)

($11,287)

2354

JOURNAL OF THE HOUSE

Furlough non-security employees one day per month.
Increase turnover savings for exempt positions and freeze non-exempt positions.
Recognize one-time prior year savings based on contract utilization.
Recognize savings through the suspension of the 21st Century Learning After School program within Youth Development Campus (YDC) facilities effective January 2009.
Recognize savings through the suspension of the Think Exit at Entry program within Youth Development Campus (YDC) facilities effective January 2009.
Reduce part-time labor positions.
Close McIntosh Youth Development Campus (YDC) effective April 2009 by reducing maximum length of stay in the Short Term Program (STP) to 30 days.
Reduce Substance Abuse Education Program within Youth Development Campus (YDC) facilities effective January 2009.
Reduce the use of part-time social workers in YDCs.
Amount appropriated in this Act

($217,138) ($826,149) ($1,633,689) ($192,500)
($300,000)
($329,843) ($1,000,000)
($48,167) ($230,122) $87,871,919

($217,138) ($826,149) ($1,633,689) ($192,500)
($300,000)
($329,843) ($1,000,000)
($48,167) ($230,122) $91,272,006

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

$101,599,931

Federal Funds and Grants

$60,147

Federal Funds Not Specifically Identified

$60,147

Other Funds

$1,919,185

Other Funds - Not Specifically Identified

$1,919,185

State Funds

$99,620,599

State General Funds

$99,620,599

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

TUESDAY, MARCH 10, 2009

previous appropriation act:
Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.
Discontinue funding for the Emory and MCG Residency program.
Eliminate motor vehicle purchases.
Increase turnover savings for exempt positions and freeze non-exempt positions.
Furlough non-security employees one day per month.
Improve utilization of psychology services at secure facilities throughout the state.
Recognize one-time prior year savings based on contract utilization.
Reduce part-time labor positions.
Replace social service provider positions with part-time positions.
Discontinue funding for the Substance Abuse Education Program within Regional Youth Detention Center (RYDC) facilities effective January 2009.
Reduce the use of on-call social workers in Regional Youth Detention Centers (RYDC).
Amount appropriated in this Act

State Funds $109,753,879
$224,119
($2,317,047) ($4,832,870)
($128,783) ($10,400) ($65,731) ($803,667) ($367,508) ($49,067) ($801,362) ($566,063) ($143,438) ($122,321)
($149,142) $99,620,599

2355
Total Funds $111,733,211
$224,119
($2,317,047) ($4,832,870)
($128,783) ($10,400) ($65,731) ($803,667) ($367,508) ($49,067) ($801,362) ($566,063) ($143,438) ($122,321)
($149,142) $101,599,931

2356

JOURNAL OF THE HOUSE

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

$426,345,315 $345,440,508 $345,440,508
$31,528,191 $729,513
$30,798,678 $47,934,616 $47,934,616
$1,442,000 $1,442,000

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

$39,683,332

Federal Funds and Grants

$37,923,936

Federal Funds Not Specifically Identified

$37,923,936

Other Funds

$0

State Funds

$1,759,396

State General Funds

$1,759,396

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 (HB990)

$3,422,636

$41,856,572

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,261

$11,261

Defer state employees' salary increases effective January 1, 2009.

($35,488)

($35,488)

TUESDAY, MARCH 10, 2009

2357

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funds for personal services.
Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance.
Reduce operating expenses.
Reduce funding ($510,000) for the Goodworks program to align TANF expenditures to annual grant award.
Amount appropriated in this Act

($102,476)
($486,095) ($653,327) ($211,276) ($185,839)
$0 $1,759,396

($102,476)
($486,095) ($653,327) ($211,276) ($185,839) ($510,000) $39,683,332

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

$4,967,740

Federal Funds and Grants

$2,913,518

Federal Funds Not Specifically Identified

$2,913,518

Other Funds

$0

State Funds

$2,054,222

State General Funds

$2,054,222

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 (HB990)

$2,309,899

$5,223,417

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$7,398

$7,398

Defer state employees' salary increases effective January 1, 2009.

($13,874)

($13,874)

2358

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds for personal services.
Amount appropriated in this Act

($71,540)
($177,661) $2,054,222

($71,540)
($177,661) $4,967,740

30.3. Business Enterprise Program

Purpose: Assist people who are blind in becoming successful contributors to the state's economy.

Total Funds

$2,385,028

Federal Funds and Grants

$1,966,085

Federal Funds Not Specifically Identified

$1,966,085

Other Funds

$0

State Funds

$418,943

State General Funds

$418,943

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$444,108

$2,410,193

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,422

$1,422

Defer state employees' salary increases effective January 1, 2009.

($2,798)

($2,798)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($13,713)

($13,713)

Reduce funds for personal services.

($7,920)

($7,920)

Reduce operating expenses.

($2,156)

($2,156)

Amount appropriated in this Act

$418,943

$2,385,028

TUESDAY, MARCH 10, 2009

2359

30.4. Commission on Women

Purpose: Advance the health, education, economic, social, and legal status of women in Georgia.

Total Funds

$83,855

State Funds

$83,855

State General Funds

$83,855

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990) Reduce operating expenses. Amount appropriated in this Act

State Funds $93,172
($9,317) $83,855

Total Funds $93,172
($9,317) $83,855

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

$12,201,070

Federal Funds and Grants

$0

Other Funds

$11,828,888

Agency Funds

$729,513

Other Funds - Not Specifically Identified

$11,099,375

State Funds

$372,182

State General Funds

$372,182

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act

$452,913

$12,281,801

2360

JOURNAL OF THE HOUSE

(HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Amount appropriated in this Act

$1,451 ($72,011) ($10,171)
$372,182

$1,451 ($72,011) ($10,171)
$12,201,070

30.7. Labor Market Information

Purpose: Collect, analyze, and publish a wide array of information about the state's labor market.

Total Funds

$2,894,622

Federal Funds and Grants

$2,249,873

Federal Funds Not Specifically Identified

$2,249,873

Other Funds

$0

State Funds

$644,749

State General Funds

$644,749

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$753,151

$3,003,024

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,412

$2,412

Defer state employees' salary increases effective January 1, 2009.

($8,962)

($8,962)

TUESDAY, MARCH 10, 2009

2361

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds from operations.
Amount appropriated in this Act

($29,985)
($71,867) $644,749

($29,985)
($71,867) $2,894,622

30.8. Roosevelt Warm Springs Institute

Purpose: Empower individuals with disabilities to achieve personal independence.

Total Funds

$32,591,137

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

$6,708,761

State General Funds

$6,708,761

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,339,734

$33,222,110

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$23,507

$23,507

Defer state employees' salary increases effective January 1, 2009.

($57,183)

($57,183)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($224,829)

($224,829)

Reduce funds for personal services.

($208,904)

($208,904)

Reduce operating expenses.

($163,564)

($163,564)

Amount appropriated in this Act

$6,708,761

$32,591,137

2362

JOURNAL OF THE HOUSE

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

$3,195,106

Federal Funds and Grants

$168,552

Federal Funds Not Specifically Identified

$168,552

Other Funds

$0

State Funds

$3,026,554

State General Funds

$3,026,554

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 (HB990)

$3,406,435

$3,574,987

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$10,910

$10,910

Defer state employees' salary increases effective January 1, 2009.

($30,212)

($30,212)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($103,437)

($103,437)

Reduce funds appropriated in FY 2009 for 3 safety inspector positions and 1 clerical position.

($257,142)

($257,142)

Amount appropriated in this Act

$3,026,554

$3,195,106

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

$57,407,116

Federal Funds and Grants

$49,173,186

TUESDAY, MARCH 10, 2009

2363

Federal Funds Not Specifically Identified

$49,173,186

Other Funds

$0

State Funds

$8,233,930

State General Funds

$8,233,930

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$11,228,560

$60,401,746

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$35,962

$35,962

Defer state employees' salary increases effective January 1, 2009.

($112,322)

($112,322)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($327,029)

($327,029)

Reduce funds for motor vehicle purchases.

($10,452)

($10,452)

Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance.

($2,580,789)

($2,580,789)

Amount appropriated in this Act

$8,233,930

$57,407,116

30.11. Vocational Rehabilitation Program

Purpose: Assist people with disabilities so that they may go to work.

Total Funds

$83,155,513

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

$16,682,144

State General Funds

$16,682,144

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

2364

JOURNAL OF THE HOUSE

previous appropriation act:
Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Reduce operating expenses. Reduce contract funds. Increase funding ($1,700,000) for the Goodworks program to align TANF expenditures to annual grant award. Amount appropriated in this Act

State Funds $18,029,477
$57,743
($92,059) ($560,156)
($155,169) ($597,692)
$0
$16,682,144

Total Funds $84,502,846
$57,743
($92,059) ($560,156)
($155,169) ($597,692)
$0
$83,155,513

30.12. Workforce Development

Purpose: Assist employers and job seekers with job matching services and promote economic growth and development.

Total Funds

$132,181,976

Federal Funds and Grants

$122,790,096

Federal Funds Not Specifically Identified

$122,790,096

Other Funds

$0

State Funds

$7,949,880

State General Funds

$7,949,880

Intra-State Government Transfers

$1,442,000

Other Intra-State Government Payments

$1,442,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,289,007

$137,721,103

TUESDAY, MARCH 10, 2009

2365

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds for motor vehicle purchases.
Reduce funding ($1,190,000) for the Goodworks program to align TANF expenditures to annual grant award.
Amount appropriated in this Act

$26,547 ($84,464) ($260,921)
($20,289) $0
$7,949,880

$26,547 ($84,464) ($260,921)
($20,289) ($5,200,000) $132,181,976

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

$53,795,665 $0
$36,826,240 $36,826,240 $16,969,425 $16,969,425
$0

31.1. Law

Purpose: Serve the citizens of the State of Georgia by providing legal representation of the highest quality to the agencies, officers, and employees of state government.

Total Funds

$53,795,665

Federal Funds and Grants

$0

Other Funds

$36,826,240

Other Funds - Not Specifically Identified

$36,826,240

State Funds

$16,969,425

State General Funds

$16,969,425

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

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previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funding for personal services ($724,486) and eliminate 5 vacant positions ($267,258).
Reduce funding for operating expenses.
Amount appropriated in this Act

State Funds $19,650,981
$42,657
($247,231) ($1,197,800)
($172,238) ($991,744)
($115,200) $16,969,425

Total Funds $56,477,221
$42,657
($247,231) ($1,197,800)
($172,238) ($991,744)
($115,200) $53,795,665

Section 32: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds State General Funds Intra-State Government Transfers

$278,222,545 $49,146,841 $49,146,841
$123,099,762 $66,648,023 $56,347,826
$103,913 $105,975,942 $105,975,942
$0

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess

TUESDAY, MARCH 10, 2009

2367

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: Provide administrative support for all programs of the department.

Total Funds

$11,285,799

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

$10,538,150

State General Funds

$10,538,150

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$10,959,652

$11,707,301

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$634,298

$634,298

Defer state employees' salary increases effective January 1, 2009.

($115,915)

($115,915)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($357,885)

($357,885)

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JOURNAL OF THE HOUSE

Provide for an additional reduction to operations.
Reduce operating expenses.
Reduce personal services to reflect vacancies.
Amount appropriated in this Act

$0
($200,000) ($382,000)
$10,538,150

$0
($200,000) ($382,000)
$11,285,799

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

$8,443,330

Federal Funds and Grants

$5,940,807

Federal Funds Not Specifically Identified

$5,940,807

Other Funds

$90,221

Other Funds - Not Specifically Identified

$90,221

State Funds

$2,412,302

State General Funds

$2,412,302

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,898,737

$8,929,765

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,003

$2,003

Defer state employees' salary increases effective January 1, 2009.

($34,089)

($34,089)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($92,359)

($92,359)

Provide for an additional reduction to operations.

$0

$0

Eliminate funds for motor vehicle purchases.

($20,000)

($20,000)

TUESDAY, MARCH 10, 2009

2369

Reduce operating expenses.
Eliminate funds for the removal of sunken vessels.
Defer state funds for artificial reef construction.
Reduce funds for personal services to reflect 2 vacancies.
Amount appropriated in this Act

($20,000) ($180,000) ($46,755) ($95,235) $2,412,302

($20,000) ($180,000) ($46,755) ($95,235) $8,443,330

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

$118,835,701

Federal Funds and Grants

$23,517,774

Federal Funds Not Specifically Identified

$23,517,774

Other Funds

$66,713,023

Agency Funds

$66,648,023

Other Funds - Not Specifically Identified

$65,000

State Funds

$28,604,904

State General Funds

$28,604,904

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 (HB990)

$32,372,077

$122,602,874

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$107,261

$107,261

Defer state employees' salary increases effective January 1, 2009.

($471,122)

($471,122)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,433,872)

($1,433,872)

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JOURNAL OF THE HOUSE

Provide for an additional reduction to operations.
Eliminate 22 vacant positions.
Reduce operating expenses.
Reduce funds for advertising in the Clean Air Campaign.
Reduce funds for the Emergency Response Network and eliminate 2 vacant positions.
Replace state funds with other funds for 2 positions and operating expenses in Land Protection.
Amount appropriated in this Act

($54,332) ($1,095,810)
($200,000) ($180,000) ($260,298) ($179,000)
$28,604,904

($54,332) ($1,095,810)
($200,000) ($180,000) ($260,298) ($179,000)
$118,835,701

32.4. Hazardous Waste Trust Fund

Purpose: Investigate and clean up abandoned hazardous sites.

Total Funds

$2,519,208

State Funds

$2,519,208

State General Funds

$2,519,208

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,600,000

$7,600,000

Reduce unobligated funds in the Hazardous Waste Trust Fund.

($4,894,774)

($4,894,774)

Eliminate 3 vacant environmental engineer positions.

($186,018)

($186,018)

Amount appropriated in this Act

$2,519,208

$2,519,208

32.5. Historic Preservation

Purpose: Identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations.

Total Funds

$2,811,685

Federal Funds and Grants

$1,007,287

Federal Funds Not Specifically Identified

$1,007,287

Other Funds

$0

State Funds

$1,804,398

TUESDAY, MARCH 10, 2009

2371

State General Funds Intra-State Government Transfers

$1,804,398 $0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Eliminate contract funds for the certified local government coordinator.
Defer funds for Georgia Heritage Grants.
Reduce contract funds for Regional Development Centers' historic preservation planners.
Reduce funds for personal services.
Amount appropriated in this Act

State Funds $2,176,447
$20,526
($17,990) ($75,190)
($42,000) ($129,276) ($28,119)
($100,000) $1,804,398

Total Funds $3,183,734
$20,526
($17,990) ($75,190)
($42,000) ($129,276) ($28,119)
($100,000) $2,811,685

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

$500,885

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$500,885

State General Funds

$500,885

Intra-State Government Transfers

$0

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The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Amount appropriated in this Act

State Funds $519,421 $4,843 ($4,513) ($18,866)
$500,885

Total Funds $519,421 $4,843 ($4,513) ($18,866)
$500,885

32.7. Parks, Recreation and Historic Sites

Purpose: Increase public awareness of the opportunities at state parks and historic sites throughout Georgia.

Total Funds

$65,795,463

Federal Funds and Grants

$1,704,029

Federal Funds Not Specifically Identified

$1,704,029

Other Funds

$41,120,239

Other Funds - Not Specifically Identified

$41,120,239

State Funds

$22,971,195

State General Funds

$22,971,195

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$27,435,429

$70,424,697

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$15,353

$15,353

TUESDAY, MARCH 10, 2009

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Eliminate funds for motor vehicle purchases.
Reduce contract funds.
Remove funds provided in FY 2009 to build public recreation facilities and boat ramp for the Bear Creek Reservoir.
Remove funds provided in FY 2009 to complete surveys at High Falls State Park.
Remove funds provided in FY 2009 to manage aquatic vegetation at Little Ocmulgee State Park.
Remove unobligated repair and maintenance funds.
Replace state funds with other funds in personal services.
Close the Bo Ginn Aquarium and eliminate 1 vacant position.
Reduce funds for Historic Site Region Office.
Defer all state and other funds for the opening of the Suwannee River Eco-Lodge. (Total Funds: $340,000)
Amount appropriated in this Act

($1,786,305) ($949,703)
($230,422) ($206,798) ($76,000) ($125,000)
($148,000) ($25,000)
($452,359) ($68,000) ($51,000) ($186,000) ($175,000)
$22,971,195

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

2373 ($1,786,305)
($949,703)
($230,422) ($206,798) ($76,000) ($125,000)
($148,000) ($25,000)
($452,359) ($68,000) ($51,000) ($186,000) ($340,000)
$65,795,463
$211,893 $96,580 $96,580
$115,313

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JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified Prior Year Funds - Other

$11,400 $103,913

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

$2,093,085

State Funds

$2,093,085

State General Funds

$2,093,085

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,000,000

$6,000,000

Reduce funds in the Solid Waste Trust Fund. ($3,906,915)

($3,906,915)

Amount appropriated in this Act

$2,093,085

$2,093,085

32.10. 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

$62,852,394

Federal Funds and Grants

$16,705,981

Federal Funds Not Specifically Identified

$16,705,981

Other Funds

$14,487,700

Other Funds - Not Specifically Identified

$14,487,700

State Funds

$31,658,713

State General Funds

$31,658,713

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 (HB990)

$37,516,647

$69,297,433

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$12,684

$12,684

TUESDAY, MARCH 10, 2009

2375

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contract funds.
Reduce operating expenses.
Eliminate 10 vacant positions funded in FY 2009.
Eliminate 7 positions for License and Boating Registration due to implementation of automated system.
Reduce funds for motor vehicle purchases.
Eliminate 1 vacant position for the Lake Burton cold-water hatchery.
Remove funds provided in FY 2009 to construct a campground and trail at the Berry College Wildlife Management Area.
Replace state funds with other funds in Game Management.
Return select Wildlife Management Areas to federal management and reduce select leased acreage as a result of nearby state land acquisitions. (Total Funds: $978,508)
Eliminate 10 vacant conservation ranger positions.
Reduce state funds for equipment and utilize existing other funds to purchase communications equipment for law enforcement.
Amount appropriated in this Act

($1,743,896) ($1,389,786)
($68,000) ($20,000) ($450,000) ($269,107) ($98,407) ($47,896) ($25,000) ($538,163) ($391,403)
($528,960) ($300,000)
$31,658,713

($1,743,896) ($1,389,786)
($68,000) ($20,000) ($450,000) ($269,107) ($98,407) ($47,896) ($25,000) ($538,163) ($978,508)
($528,960) ($300,000)
$62,852,394

The following appropriations are for agencies attached for administrative purposes.

32.11. Payments to Georgia Agricultural Exposition Authority

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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

$1,520,516

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,520,516

State General Funds

$1,520,516

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,802,507

$1,802,507

Defer state employees' salary increases effective January 1, 2009.

($25,535)

($25,535)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($46,861)

($46,861)

Provide for an additional reduction to operations.

($15,297)

($15,297)

Reduce state funds for operating expenses.

($169,298)

($169,298)

Remove funds provided in FY 2009 to assist the Laurens County Agriculture and Exposition Center.

($25,000)

($25,000)

Amount appropriated in this Act

$1,520,516

$1,520,516

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

$928,106

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$928,106

State General Funds

$928,106

TUESDAY, MARCH 10, 2009

2377

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,124,176

$1,124,176

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$3,909

$3,909

Defer state employees' salary increases effective January 1, 2009.

($8,168)

($8,168)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($73,592)

($73,592)

Provide for an additional reduction to operations.

($9,426)

($9,426)

Reduce state funds for operating expenses.

($108,793)

($108,793)

Amount appropriated in this Act

$928,106

$928,106

32.13. Payments to Lake Allatoona Preservation Authority

Purpose: Provide operating funds for and to the Lake Allatoona Preservation Authority.

Total Funds

$93,060

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$93,060

State General Funds

$93,060

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 (HB990)

$100,000

$100,000

2378

JOURNAL OF THE HOUSE

Provide for an additional reduction to operations. Reduce state funds for operating expenses. Amount appropriated in this Act

($940)
($6,000) $93,060

($940)
($6,000) $93,060

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

$331,420

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$331,420

State General Funds

$331,420

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$371,964

$371,964

Provide for an additional reduction to operations.

($3,348)

($3,348)

Reduce funds for operating expenses.

($37,196)

($37,196)

Amount appropriated in this Act

$331,420

$331,420

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

$52,094,005 $806,050 $806,050 $0
$51,287,955 $51,287,955
$0

33.1. Administration Purpose: Provide administrative support for the agency.

TUESDAY, MARCH 10, 2009

2379

Total Funds

$5,930,570

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$5,930,570

State General Funds

$5,930,570

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 (HB990)

$6,337,655

$6,337,655

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$105,491

$105,491

Defer state employees' salary increases effective January 1, 2009.

($41,490)

($41,490)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($210,918)

($210,918)

Reduce contracts for the Research, Evaluation and Technology (RET) unit ($40,000).

($40,000)

($40,000)

Reduce computer charges.

($16,841)

($16,841)

Reduce regular operating expenses.

($75,000)

($75,000)

Eliminate 1 position in Human Resources.

($74,682)

($74,682)

Reduce contract funds for the Training Unit.

($30,000)

($30,000)

Reduce personal services funding through a 2-day agency-wide furlough.

($23,645)

($23,645)

Amount appropriated in this Act

$5,930,570

$5,930,570

33.2. Clemency

Purpose: Investigate offenders upon entry to the corrections system, and make determinations about offender eligibility for parole.

Total Funds

$10,218,927

Federal Funds and Grants

$0

2380

JOURNAL OF THE HOUSE

Other Funds

$0

State Funds

$10,218,927

State General Funds

$10,218,927

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 (HB990)

$11,247,418

$11,247,418

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$26,128

$26,128

Defer state employees' salary increases effective January 1, 2009.

($120,940)

($120,940)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($612,121)

($612,121)

Defer funding for parole officer training and reduce the cost of operations agency-wide.

($21,858)

($21,858)

Eliminate 3 positions in the Records Processing unit and 2 positions in the Investigations unit.

($138,000)

($138,000)

Reduce funding for central office travel.

($17,425)

($17,425)

Reduce personal services funding through a 2-day agency-wide furlough.

($73,275)

($73,275)

Reduce personal services funding.

($71,000)

($71,000)

Amount appropriated in this Act

$10,218,927

$10,218,927

33.3. Parole Supervision

Purpose: Transition offenders from prison into the community as productive, lawabiding citizens.

Total Funds

$35,522,532

Federal Funds and Grants

$806,050

Federal Funds Not Specifically Identified

$806,050

Other Funds

$0

TUESDAY, MARCH 10, 2009

2381

State Funds State General Funds Intra-State Government Transfers

$34,716,482 $34,716,482
$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$40,293,558

$41,099,608

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$142,506

$142,506

Defer state employees' salary increases effective January 1, 2009.

($1,675,142)

($1,675,142)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,932,046)

($1,932,046)

Defer funding for parole officer training, and reduce the cost of operations agency-wide.

($184,328)

($184,328)

Reduce personal services funding through a 2-day agency-wide furlough.

($221,930)

($221,930)

Eliminate 20 vacant parole officer positions.

($884,321)

($884,321)

Reduce operating expenditures for the Atlanta Parole Reporting Center.

($92,415)

($92,415)

Reduce funds for central office travel in support of developing partnerships with the faith-based community, victim's day programs, and visitor's day programs.

($8,400)

($8,400)

Eliminate the Residential Substance Abuse Treatment program.

($721,000)

($721,000)

Amount appropriated in this Act

$34,716,482

$35,522,532

33.4. Victims Services
Purpose: Provide notification to victims of changes in offender status or placement, conduct outreach and information gathering from victims during clemency proceedings, and act as a liaison for victims to the state corrections system.

2382

JOURNAL OF THE HOUSE

Total Funds

$421,976

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$421,976

State General Funds

$421,976

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$560,959

$560,959

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,986

$2,986

Defer state employees' salary increases effective January 1, 2009.

($5,135)

($5,135)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($24,667)

($24,667)

Reduce personal services funding through a 2-day agency-wide furlough.

($2,782)

($2,782)

Reduce funding for central office travel.

($4,000)

($4,000)

Realize efficiencies in private partner agreements.

($60,000)

($60,000)

Eliminate 1 business operations position.

($45,385)

($45,385)

Amount appropriated in this Act

$421,976

$421,976

Section 34: Personnel Administration, State Total Funds Intra-State Government Transfers Other Intra-State Government Payments

$12,395,691 $12,395,691 $12,395,691

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.

TUESDAY, MARCH 10, 2009

2383

34.1. Administration

Purpose: Provide administrative and technical support to the agency.

Total Funds

$2,878,849

Intra-State Government Transfers

$2,878,849

Other Intra-State Government Payments

$2,878,849

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$4,393,910

Reflect allocation of telecommunication

$0

$0

expenses resulting from the GAIT

Outsourcing Project.

Submit payment to State Treasury ($1,398,877).

$0

($1,398,877)

Defer state employees' salary increases effective January 1, 2009 (Other Funds: $116,184).

$0

($116,184)

Amount appropriated in this Act

$0

$2,878,849

34.2. Recruitment and Staffing Services

Purpose: Provide a central point of contact for the general public seeking employment with the State.

Total Funds

$1,280,769

Intra-State Government Transfers

$1,280,769

Other Intra-State Government Payments

$1,280,769

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$1,293,708

Reflect allocation of telecommunication

$0

$0

expenses resulting from the GAIT

Outsourcing Project.

Defer state employees' salary increases effective January 1, 2009 (Other Funds: $12,939).

$0

($12,939)

2384

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$0

$1,280,769

34.3. Total Compensation and Rewards

Purpose: Ensure fair and consistent employee compensation practices across state agencies.

Total Funds

$4,360,390

Intra-State Government Transfers

$4,360,390

Other Intra-State Government Payments

$4,360,390

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$4,387,668

Reflect allocation of telecommunication

$0

$0

expenses resulting from the GAIT

Outsourcing Project.

Defer state employees' salary increases effective January 1, 2009 (Other Funds: $27,278).

$0

($27,278)

Amount appropriated in this Act

$0

$4,360,390

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

$3,875,683

Intra-State Government Transfers

$3,875,683

Other Intra-State Government Payments

$3,875,683

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$3,913,484

Reflect allocation of telecommunication

$0

$0

expenses resulting from the GAIT

Outsourcing Project.

TUESDAY, MARCH 10, 2009

2385

Defer state employees' salary increases effective January 1, 2009 (Other Funds: $37,801).
Amount appropriated in this Act

$0

($37,801)

$0

$3,875,683

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

Other Funds

$417,295

Other Funds - Not Specifically Identified

$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

Other Funds

$620,444

Other Funds - Not Specifically Identified

$620,444

The following appropriations are for agencies attached for administrative purposes.

35.3. Payments to Georgia Building Authority

Purpose: 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

2386

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:

Amount from prior Appropriation Act (HB990)
Furlough staff with salaries greater than $40,000 for 10 days (Other Funds: ($217,606).) (CC:Reflect agency intent to achieve savings through additional reductions in operating expenses.)
Reduce operating expenses and telecommunications costs (Other Funds: ($161,494).) (CC:Achieve additional savings through reductions in operating expenses.)
Realize efficiencies in Capitol Hill security contract based on staffing analysis, building closures, and a reduction in equipment purchases (Other Funds: ($750,387).)
Reduce contracts for temporary labor, in access control systems, and other miscellaneous contracts (Other Funds: ($208,277).)
Reduce custodial contracts through the elimination of 2 cleaning days per week in state buildings, and transfer cleaning services at specific facilities to GBA staff (Other Funds: ($749,445).)
Reduce central energy plant usage and utility costs through the use of automated controls, increasing standard thermostat settings, and limited HVAC usage at closed or vacant facilities (Other Funds: ($815,704).)
Close the Capitol Education Center and realize savings through a reduction in utilities and the elimination of 1 position (Other Funds: ($111,579).)

State Funds $0 $0
$0 $0 $0 $0
$0
$0

Total Funds $0
($217,606)
($161,494) ($750,387) ($208,277) ($749,445)
($815,704)
($111,579)

TUESDAY, MARCH 10, 2009

Redistribute savings from agency reductions

$0

to capital projects for security access and

control (Other Funds: $3,014,492).

Amount appropriated in this Act

$0

2387 $3,014,492
$0

Section 36: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers

$36,710,269 $0
$1,700,000 $1,700,000 $35,010,269 $35,010,269
$0

36.1. Public Defenders

Purpose: 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

$29,079,618

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$29,079,618

State General Funds

$29,079,618

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 (HB990)

$33,283,389

$33,283,389

Defer state employees' salary increases effective January 1, 2009.

($342,099)

($342,099)

2388

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce 6 opt-out circuit budgets to match agency-wide reductions.
Reduce funding for personal services to reflect actual expenditures.
Reduce funding for operating expenses through individual circuit reductions.
Reduce personal services by freezing 2 positions in the conflict offices ($127,822) and reduce operating expenses through the consolidation of 4 conflict offices into circuit offices ($115,500).
Reduce contracts for appellate cases based on anticipated demand.
To reduce funds received in HB 990 (FY 09) for conflict cases to reflect the actual number of pending conflict cases.
Provide funding to offset delayed local billings.
Amount appropriated in this Act

($1,764,334)
$0 ($211,266) ($250,000) ($682,750) ($243,322)
($60,000) ($1,250,000)
$600,000 $29,079,618

($1,764,334)
$0 ($211,266) ($250,000) ($682,750) ($243,322)
($60,000) ($1,250,000)
$600,000 $29,079,618

36.2. Public Defenders Standards Council

Purpose: Fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office.

Total Funds

$7,630,651

Federal Funds and Grants

$0

Other Funds

$1,700,000

Agency Funds

$1,700,000

State Funds

$5,930,651

State General Funds

$5,930,651

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

TUESDAY, MARCH 10, 2009

previous appropriation act:
Amount from prior Appropriation Act (HB990) Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project. Defer state employees' salary increases effective January 1, 2009. Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.) Provide for an additional reduction to operations. Reduce funding for personal services ($304,996) and operating expenses ($400,820). Reduce funding for training, except for 3 mandatory training classes for public defenders. Amount appropriated in this Act

State Funds $7,156,568
$1,373 ($75,437) ($196,037)
($50,000) ($705,816) ($200,000) $5,930,651

Section 37: Public Safety, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning & Construction 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

2389
Total Funds $8,856,568
$1,373
($75,437) ($196,037)
($50,000) ($705,816)
($200,000)
$7,630,651
$164,531,329 $28,604,501 $250,000 $28,354,501 $11,123,307 $1,017,000 $10,106,307
$117,299,650 $117,299,650
$7,503,871 $7,503,871

2390

JOURNAL OF THE HOUSE

37.1. Administration

Purpose: Work cooperatively with all levels of government to provide a safe environment for residents and visitors.

Total Funds

$8,237,726

Federal Funds and Grants

$15,571

Federal Funds Not Specifically Identified

$15,571

Other Funds

$0

State Funds

$8,222,155

State General Funds

$8,222,155

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 (HB990)

$9,023,817

$9,039,388

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$24,148

$24,148

Defer state employees' salary increases effective January 1, 2009.

($85,071)

($85,071)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($445,098)

($445,098)

Defer filling 3 vacant administrative positions.

($148,011)

($148,011)

Assign 5 security officers to vacant positions in the Capitol Police program.

($147,630)

($147,630)

Amount appropriated in this Act

$8,222,155

$8,237,726

37.2. Aviation

Purpose: Provide air support to the Georgia State Patrol and other state, federal and local agencies, thereby improving public safety for the citizens of Georgia.

Total Funds

$3,304,414

Federal Funds and Grants

$200,000

TUESDAY, MARCH 10, 2009

2391

Federal Funds Not Specifically Identified

$200,000

Other Funds

$370,000

Other Funds - Not Specifically Identified

$370,000

State Funds

$2,734,414

State General Funds

$2,734,414

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 (HB990)

$2,843,588

$3,413,588

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$10,919

$10,919

Defer state employees' salary increases effective January 1, 2009.

($19,270)

($19,270)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($100,823)

($100,823)

Amount appropriated in this Act

$2,734,414

$3,304,414

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

Intra-State Government Transfers

$7,503,871

Other Intra-State Government Payments

$7,503,871

37.4. Executive Security Services

Purpose: Provide facility security for the Governor's Mansion, 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

$1,402,643

Federal Funds and Grants

$0

Other Funds

$0

2392

JOURNAL OF THE HOUSE

State Funds

$1,402,643

State General Funds

$1,402,643

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 (HB990)

$1,511,025

$1,511,025

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$966

$966

Defer state employees' salary increases effective January 1, 2009.

($17,546)

($17,546)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($91,802)

($91,802)

Amount appropriated in this Act

$1,402,643

$1,402,643

37.5. Field Offices and Services

Purpose: Reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws.

Total Funds

$82,306,594

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

$77,935,878

State General Funds

$77,935,878

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$90,670,897

$95,041,613

TUESDAY, MARCH 10, 2009

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce operating expenses agency-wide by changing the uniform replacement policy and reducing travel, training, and supply purchases.
Defer purchase of replacement vehicles.
Assign 22 troopers to the Capitol Police program by utilizing Georgia Building Authority rental revenue, and through a reduction in the private security contract.
Utilize 40 troopers in the Motor Carrier Compliance Division to provide increased commercial vehicle speed and compliance enforcement.
Reflect savings from the attrition of 33 cadets in 86th Trooper School including vehicle purchases.
Temporarily freeze trooper promotions resulting from attrition among officer ranks of corporal through captain.
Recognize savings from the implementation of consolidated communication centers through the use of computer-aided dispatch technology.
Utilize citation revenue to cover operational expenses of 10 additional troopers assigned to the Atlanta motorcycle unit.
Reduce funding for vacant trooper positions.
Amount appropriated in this Act

$131,561 ($737,243) ($3,857,305)
($1,338,246)
($554,986) ($891,336)
($1,728,359)
($2,629,011) ($89,605) ($443,000)
($65,000) ($532,489) $77,935,878

2393 $131,561 ($737,243) ($3,857,305)
($1,338,246)
($554,986) ($891,336)
($1,728,359)
($2,629,011) ($89,605) ($443,000)
($65,000) ($532,489) $82,306,594

2394

JOURNAL OF THE HOUSE

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

$19,972,695

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

$6,912,325

State General Funds

$6,912,325

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 (HB990)

$8,278,923

$21,339,293

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$24,180

$24,180

Defer state employees' salary increases effective January 1, 2009.

($144,853)

($144,853)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($757,881)

($757,881)

Reduce operating expenses agency-wide by changing the uniform replacement policy and reducing travel, training, and supply purchases.

($488,044)

($488,044)

Amount appropriated in this Act

$6,912,325

$19,972,695

37.7. Specialized Collision Reconstruction Team
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.

TUESDAY, MARCH 10, 2009

2395

Total Funds

$2,925,083

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,925,083

State General Funds

$2,925,083

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Amount appropriated in this Act

State Funds $3,106,754
$966 ($29,306) ($153,331)
$2,925,083

Total Funds $3,106,754
$966 ($29,306) ($153,331)
$2,925,083

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

$2,338,986

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,338,986

State General Funds

$2,338,986

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act

$2,595,107

$2,595,107

2396

JOURNAL OF THE HOUSE

(HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Defer filling 3 vacant administrative positions.
Amount appropriated in this Act

$724 ($29,669) ($155,230)
($71,946) $2,338,986

$724 ($29,669) ($155,230)
($71,946) $2,338,986

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 Georgia citizens, and establish professional standards for fire service training including consulting, testing, and certification of Georgia firefighters.

Total Funds

$736,575

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$736,575

State General Funds

$736,575

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$857,156

$857,156

Defer state employees' salary increases effective January 1, 2009.

($7,728)

($7,728)

TUESDAY, MARCH 10, 2009

2397

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce per diem and fees for instructors.
Amount appropriated in this Act

($39,814)
($7,468) ($65,571) $736,575

($39,814)
($7,468) ($65,571) $736,575

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

$17,766,075

Federal Funds and Grants

$17,233,729

Federal Highway Administration Highway Planning & Construction

$250,000

Federal Funds Not Specifically Identified

$16,983,729

Other Funds

$0

State Funds

$532,346

State General Funds

$532,346

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$623,503

$17,857,232

Defer state employees' salary increases effective January 1, 2009.

($2,009)

($2,009)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($22,170)

($22,170)

Provide for an additional reduction to operations.

($5,391)

($5,391)

2398

JOURNAL OF THE HOUSE

Defer filling 1 vacant administration manager position.
Amount appropriated in this Act

($61,587) $532,346

($61,587) $17,766,075

37.11. Peace Officers Standards and Training Council

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 and/or illegal conduct is made, and sanction these individuals by disciplining officers and public safety professionals when necessary.

Total Funds

$2,519,266

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,519,266

State General Funds

$2,519,266

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 (HB990)

$2,910,146

$2,910,146

Defer state employees' salary increases effective January 1, 2009.

($19,369)

($19,369)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($99,437)

($99,437)

Provide for an additional reduction to operations.

($25,516)

($25,516)

Reduce operating expenses agency-wide.

($69,244)

($69,244)

Eliminate 1 vacant audit position ($38,475), and realize savings from attrition ($28,812).

($67,287)

($67,287)

Reduce contracts with the Georgia Sheriffs' Association and the Georgia Association of Chiefs of Police.

($110,027)

($110,027)

Amount appropriated in this Act

$2,519,266

$2,519,266

TUESDAY, MARCH 10, 2009

2399

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

$15,517,401

Federal Funds and Grants

$1,486,742

Federal Funds Not Specifically Identified

$1,486,742

Other Funds

$2,990,680

Agency Funds

$1,017,000

Other Funds - Not Specifically Identified

$1,973,680

State Funds

$11,039,979

State General Funds

$11,039,979

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 (HB990)

$12,839,435

$17,316,857

Defer state employees' salary increases effective January 1, 2009.

($163,339)

($163,339)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($559,304)

($559,304)

Provide for an additional reduction to operations.

($111,903)

($111,903)

Reduce operating expenses agency-wide.

($391,286)

($391,286)

Realize a savings in food services due to cancellation of classes for state agencies.

($314,704)

($314,704)

Reduce the contract with the Association of Fire Chiefs.

($8,500)

($8,500)

Reduce per diem available for instructors in the Fire Academy.

($14,870)

($14,870)

Postpone availability of public safety diver and smoke diver specialty courses.

($12,820)

($12,820)

2400

JOURNAL OF THE HOUSE

Discontinue free meals for all agencies receiving training.
Reduce contracts with the Fulton, Clayton, and North Central Regional Police Academies.
Amount appropriated in this Act

($141,144) ($81,586)
$11,039,979

($141,144) ($81,586)
$15,517,401

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

$9,596,071 $600,000 $600,000 $70,000 $70,000
$8,926,071 $8,926,071
$0

38.1. Administration

Purpose: Assist the Commissioners and staff in achieving the agency's goals.

Total Funds

$1,273,711

Federal Funds and Grants

$0

Other Funds

$70,000

Other Funds - Not Specifically Identified

$70,000

State Funds

$1,203,711

State General Funds

$1,203,711

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,282,864

$1,352,864

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,950

$1,950

Defer state employees' salary increases effective January 1, 2009.

($13,782)

($13,782)

TUESDAY, MARCH 10, 2009

2401

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Amount appropriated in this Act

($67,321) $1,203,711

($67,321) $1,273,711

38.2. Facilities Protection

Purpose: Provide for the protection of the buried utility facility infrastructure within

the State of Georgia.

Total Funds

$1,385,343

Federal Funds and Grants

$600,000

Federal Funds Not Specifically Identified

$600,000

Other Funds

$0

State Funds

$785,343

State General Funds

$785,343

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$867,604

$1,467,604

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,607

$1,607

Defer state employees' salary increases effective January 1, 2009.

($8,541)

($8,541)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($65,327)

($65,327)

Reduce funds from costs for Georgia Utility Facility Protection Act (GUFPA)enforcement cases to reflect projected expenditures.

($10,000)

($10,000)

2402

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$785,343

$1,385,343

38.3. Utilities Regulation

Purpose: Regulate intrastate telecommunications, natural gas, and electric utilities.

Total Funds

$6,937,017

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$6,937,017

State General Funds

$6,937,017

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 (HB990)

$8,197,541

$8,197,541

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$6,006

$6,006

Defer state employees' salary increases effective January 1, 2009.

($77,195)

($77,195)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($366,034)

($366,034)

Provide for an additional reduction to operations.

($90,609)

($90,609)

Reduce operating expenses.

($226,692)

($226,692)

Reduce funds in personal services for co-op and temporary positions.

($306,000)

($306,000)

Reduce contract funds for subject matter experts for rate cases.

($200,000)

($200,000)

Amount appropriated in this Act

$6,937,017

$6,937,017

Section 39: Regents, University System of Georgia Total Funds Federal Funds and Grants

$5,195,638,061 $0

TUESDAY, MARCH 10, 2009

2403

Other Funds Agency Funds Research Funds Other Funds - Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$3,133,126,388 $1,614,697,904 $1,513,828,236
$4,600,248 $2,062,511,673
$16,205,466 $2,046,306,207
$0

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

$24,624,536

Federal Funds and Grants

$0

Other Funds

$12,975,000

Agency Funds

$12,975,000

State Funds

$11,649,536

State General Funds

$11,649,536

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$17,891,736

$30,866,736

Provide for an additional reduction to operations.

($117,672)

($117,672)

Reduce employer match for health insurance from 75% to 70%.

($35,278)

($35,278)

Eliminate 3 filled positions ($239,138) and 5 vacant positions ($325,346) and reduce general operating expenses ($524,766).

($1,089,250)

($1,089,250)

Reduce funding for the seed capital fund.

($5,000,000)

($5,000,000)

Amount appropriated in this Act

$11,649,536

$24,624,536

39.2. Agricultural Experiment Station
Purpose: Improve production, processing, new product development, food safety, storage and marketing to increase profitability and global competitiveness.

2404

JOURNAL OF THE HOUSE

Total Funds

$78,554,924

Federal Funds and Grants

$0

Other Funds

$37,552,919

Agency Funds

$15,552,919

Research Funds

$22,000,000

State Funds

$41,002,005

State General Funds

$41,002,005

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$45,245,958

$82,798,877

Provide for an additional reduction to operations.

($414,162)

($414,162)

Eliminate support and research staff vacancies, and reduce operating and M&O expenses.

($3,619,677)

($3,619,677)

Reduce employer match for health insurance from 75% to 70%.

($210,114)

($210,114)

Amount appropriated in this Act

$41,002,005

$78,554,924

39.3. Athens/Tifton Vet 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

Other Funds

$4,944,522

Research Funds

$4,944,522

State Funds

$32,323

State General Funds

$32,323

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

$59,648,679

Federal Funds and Grants

$0

Other Funds

$25,083,929

TUESDAY, MARCH 10, 2009

2405

Agency Funds

$12,083,929

Research Funds

$13,000,000

State Funds

$34,564,750

State General Funds

$34,564,750

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$37,835,396

$62,919,325

Provide for an additional reduction to operations.

($349,139)

($349,139)

Eliminate extension agent, staff and research vacancies, and reduce operating and M&O expenses.

($2,671,239)

($2,671,239)

Reduce employer match for health insurance from 75% to 70%.

($250,268)

($250,268)

Amount appropriated in this Act

$34,564,750

$59,648,679

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

$1,034,007

Federal Funds and Grants

$0

Other Funds

$400,000

Research Funds

$375,988

Other Funds - Not Specifically Identified

$24,012

State Funds

$634,007

State General Funds

$634,007

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 (HB990)

$715,890

$1,115,890

Provide for an additional reduction to operations.

($6,404)

($6,404)

2406

JOURNAL OF THE HOUSE

Reduce employer match for health insurance from 75% to 70%.
Eliminate 1 vacant position ($65,811) and reduce general operating expenses ($5,778).
Amount appropriated in this Act

($3,890) ($71,589) $634,007

($3,890) ($71,589) $1,034,007

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

$7,028,593

Federal Funds and Grants

$0

Other Funds

$3,950,426

Research Funds

$3,000,000

Other Funds - Not Specifically Identified

$950,426

State Funds

$3,078,167

State General Funds

$3,078,167

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,410,980

$7,361,406

Provide for an additional reduction to operations.

($31,093)

($31,093)

Reduce employer match for health insurance from 75% to 70%.

($18,504)

($18,504)

Eliminate 3 vacant positions ($159,696) and reduce general operating expenses ($123,520).

($283,216)

($283,216)

Amount appropriated in this Act

$3,078,167

$7,028,593

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

TUESDAY, MARCH 10, 2009

2407

State Funds State General Funds

$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

$156,196,166

Federal Funds and Grants

$0

Other Funds

$148,917,958

Research Funds

$148,917,958

State Funds

$7,278,208

State General Funds

$7,278,208

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,052,902

$156,970,860

Provide for an additional reduction to operations.

($72,204)

($72,204)

Reduce employer match for health insurance from 75% to 70%.

($188,258)

($188,258)

Represents reduction in program research and development activities affecting staffing and operating levels.

($494,126)

($494,126)

Represents reduction in program research and development activities affecting staffing and operating levels.

($150,106)

($150,106)

2408

JOURNAL OF THE HOUSE

Provide funding for the Workplace Safety Technology research program for poultry processing industry.
Amount appropriated in this Act

$130,000 $7,278,208

$130,000 $156,196,166

39.10. Marine Institute

Purpose: Understand the processes that affect the condition of the salt marsh and coastline.

Total Funds

$1,384,778

Federal Funds and Grants

$0

Other Funds

$482,948

Agency Funds

$115,300

Research Funds

$367,648

State Funds

$901,830

State General Funds

$901,830

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$994,601

$1,429,882

Provide for an additional reduction to operations.

($9,109)

($9,109)

Reduce employer match for health insurance from 75% to 70%.

($4,094)

($4,094)

Eliminate 4 vacant positions ($26,401), reduce general operating expenses ($5,500), and realize savings from an increase in facility fees ($47,667).

($79,568)

($79,568)

Increase facility fees (Other Funds: $47,667).

$0

$47,667

Amount appropriated in this Act

$901,830

$1,384,778

39.11. Marine Extension Services

Purpose: Transfer technology, provide training, and conduct applied research.

Total Funds

$2,805,983

Federal Funds and Grants

$0

Other Funds

$1,345,529

TUESDAY, MARCH 10, 2009

2409

Agency Funds

$745,529

Research Funds

$600,000

State Funds

$1,460,454

State General Funds

$1,460,454

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 (HB990)

$1,628,349

$2,973,878

Provide for an additional reduction to operations.

($14,752)

($14,752)

Reduce employer match for health insurance from 75% to 70%.

($6,276)

($6,276)

Eliminate 2 filled positions ($97,701) and reduce general operating expenses ($49,166).

($146,867)

($146,867)

Amount appropriated in this Act

$1,460,454

$2,805,983

39.12. Medical College of Georgia Hospital and Clinics Purpose: Care, teach, and refer clients. Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$33,921,721 $0 $0
$33,921,721 $33,921,721
$0

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

$822,287

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$822,287

State General Funds

$822,287

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

2410

JOURNAL OF THE HOUSE

previous appropriation act:
Amount from prior Appropriation Act (HB990) Provide for an additional reduction to operations. Reduce employer match for health insurance from 75% to 70%. Reduce general operating expenses. Amount appropriated in this Act

State Funds $906,390
($8,306)
($3,286)
($72,511) $822,287

Total Funds $906,390
($8,306)
($3,286)
($72,511) $822,287

39.14. Public Libraries

Purpose: Provide library services for Georgians and to award grants from the Public Library Fund.

Total Funds

$42,035,700

Federal Funds and Grants

$0

Other Funds

$4,522,400

Agency Funds

$4,522,400

State Funds

$37,513,300

State General Funds

$37,513,300

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 (HB990)

$41,748,655

$46,271,055

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($958,064)

($958,064)

Provide for an additional reduction to operations.

($377,179)

($377,179)

Reduce program operations ($667,242) and the public library state grant ($2,672,650).

($2,897,008)

($2,897,008)

Reduce employer match for health insurance from 75% to 70%.

($3,104)

($3,104)

TUESDAY, MARCH 10, 2009

2411

Amount appropriated in this Act

$37,513,300

$42,035,700

39.15. Public Service/Special Funding Initiatives

Purpose: Provide leadership, service, and education.

Total Funds

$47,126,383

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$47,126,383

Tobacco Funds

$5,000,000

State General Funds

$42,126,383

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 (HB990)

$52,665,927

$52,665,927

Provide for an additional reduction to operations.

($425,519)

($425,519)

Reduce personal services ($2,305,558) and general operating expenses ($2,461,037).

($4,766,595)

($4,766,595)

Reduce funding for the Washington Center for Internships ($45,000), Oxford Study Abroad Program ($75,000), ICAPP health to collect data on nursing educators ($27,430), and Kennesaw State University Disadvantaged Youth Program ($200,000).

($347,430)

($347,430)

Amount appropriated in this Act

$47,126,383

$47,126,383

39.16. Regents Central Office

Purpose: Provide administrative support to all colleges and universities in the university system.

Total Funds

$7,066,498

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,066,498

State General Funds

$7,066,498

Intra-State Government Transfers

$0

2412

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 (HB990)

$7,981,264

$7,981,264

Defer state employees' salary increases effective January 1, 2009.

($74,640)

($74,640)

Provide for an additional reduction to operations.

($146,141)

($146,141)

Reduce employer match for health insurance from 75% to 70%.

($19,094)

($19,094)

Reduce the number of slots for students

$0

$0

studying optometry and begin a four-year

phase out of slots for students studying

osteopathic medicine in payments to the

Southern Regional Education Board (SREB).

Reduce personal services ($337,446) and general operating expenses ($337,445).

($674,891)

($674,891)

Amount appropriated in this Act

$7,066,498

$7,066,498

39.17. Research Consortium

Purpose: Conduct research to further industry in the State of Georgia.

Total Funds

$27,465,596

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$27,465,596

Tobacco Funds

$750,000

State General Funds

$26,715,596

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$32,183,995

$32,183,995

Provide for an additional reduction to operations.

$0

$0

TUESDAY, MARCH 10, 2009

2413

Reduce general operating expenses for Advanced Communications ($1,085,373), the Bio-Refinery ($40,000), and the Georgia Environmental Partnership ($71,162).
Reduce funding for the Georgia Research Alliance program.
Utilize existing funds within the Georgia Research Alliance Eminent Scholar Endowment Trust Fund for Eminent Scholars.
Reduce funding for ongoing research projects in the Traditional Industries Program.
Amount appropriated in this Act

($1,196,535)
($1,710,413) ($1,500,000)
($311,451) $27,465,596

($1,196,535)
($1,710,413) ($1,500,000)
($311,451) $27,465,596

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

$6,194,443

Federal Funds and Grants

$0

Other Funds

$4,645,000

Agency Funds

$1,145,000

Research Funds

$3,500,000

State Funds

$1,549,443

State General Funds

$1,549,443

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 (HB990)

$1,756,972

$6,401,972

Provide for an additional reduction to operations.

($15,651)

($15,651)

Reduce employer match for health insurance from 75% to 70%.

($16,181)

($16,181)

2414

JOURNAL OF THE HOUSE

Eliminate 1 filled position ($50,000) and 1 vacant position ($32,530), reduce new and replacement research equipment purchases ($70,279), and cap the match for the indemnity health insurance plan at the rate of the PPO plan ($22,888).
Amount appropriated in this Act

($175,697) $1,549,443

($175,697) $6,194,443

39.19. Student Education Enrichment Program

Purpose: Provide underrepresented Georgia residents the opportunity to acquire educational experiences.

Total Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$322,377

$322,377

Eliminate the Student Education Enrichment Program.

($322,377)

($322,377)

Amount appropriated in this Act

$0

$0

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

$4,647,132,751

Federal Funds and Grants

$0

Other Funds

$2,875,057,996

Agency Funds

$1,557,935,876

Research Funds

$1,317,122,120

State Funds

$1,772,074,755

State General Funds

$1,772,074,755

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 (HB990)

$1,970,307,554

$4,845,365,550

TUESDAY, MARCH 10, 2009

2415

Provide for an additional reduction to operations.
Reduce personal services and operating expenses for the Public Service Institutes.
Reduce personal services and operating expenses in the Resident Instruction program.
Reduce funding for GTREP Tidal Power Study ($20,000), Braille College Text Materials ($300,000), Cyber Crime and Homeland Security Facility at Armstrong Atlantic ($63,900), Collegiate Sports Program for Students with Disabilities ($773,080), Darton College-Cordele Roof Repair ($75,000), Georgia Southern IT Program ($1,218,946), Georgia State University Salary Survey ($28,300), and UGA Griffin Campus-Infrastructure ($800,000). (CC:Restore $1,218,946 for Georgia Southern IT Program.)
Amount appropriated in this Act

($17,981,411) ($1,415,344)
($176,775,764) ($2,060,280)
$1,772,074,755

($17,981,411) ($1,415,344)
($176,775,764) ($2,060,280)
$4,647,132,751

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

$3,128,143

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,128,143

State General Funds

$3,128,143

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,504,264

$3,504,264

Provide for an additional reduction to operations.

($31,597)

($31,597)

2416

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Reduce employer match for health insurance from 75% to 70%.
Eliminate 6 vacant positions ($121,557) and reduce funding for research projects ($205,812).
Amount appropriated in this Act

($17,155) ($327,369)
$3,128,143

($17,155) ($327,369)
$3,128,143

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

$10,108,565

Federal Funds and Grants

$0

Other Funds

$9,621,951

Agency Funds

$9,621,951

State Funds

$486,614

State General Funds

$486,614

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 (HB990)

$568,339

$10,190,290

Provide for an additional reduction to operations.

($4,915)

($4,915)

Reduce employer match for health insurance from 75% to 70%.

($19,976)

($19,976)

Eliminate 2 vacant positions.

($56,834)

($56,834)

Amount appropriated in this Act

$486,614

$10,108,565

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

$10,455,466

State Funds

$10,455,466

TUESDAY, MARCH 10, 2009

2417

Tobacco Funds

$10,455,466

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$16,087,799

$16,087,799

Reduce funds for coalition operations.

($87,000)

($87,000)

Eliminate funds for the Quality Information Exchange.

($4,283,333)

($4,283,333)

Reduce funds to capture Quality Information Exchange reserve fund balance.

($1,262,000)

($1,262,000)

Amount appropriated in this Act

$10,455,466

$10,455,466

39.24. Payments to Georgia Military College

Purpose: Provide quality basic education funding for grades six through 12.

Total Funds

$2,636,371

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,636,371

State General Funds

$2,636,371

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,062,916

$3,062,916

Reduce the State Health Benefit Plan employer contribution rate from 18.534% to 8.579%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 8.579% for February and to 3.668%, effective March 1, 2009.)

($94,326)

($94,326)

Provide for an additional reduction to operations.

($26,899)

($26,899)

Reduce personal services in the Prep School ($204,308) and the Junior College ($101,012).

($305,320)

($305,320)

Amount appropriated in this Act

$2,636,371

$2,636,371

2418

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39.25. 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

$16,163,816

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$16,163,816

State General Funds

$16,163,816

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$18,191,543

$18,191,543

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$69,981

$69,981

Defer state employees' salary increases effective January 1, 2009.

($102,859)

($102,859)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($530,577)

($530,577)

Provide for an additional reduction to operations.

($163,734)

($163,734)

Reduce personal services and operating expenses.

($1,300,538)

($1,300,538)

Amount appropriated in this Act

$16,163,816

$16,163,816

Section 40: Revenue, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds

$568,520,312 $397,422 $397,422
$22,244,548 $12,110,135

TUESDAY, MARCH 10, 2009

2419

Other Funds - Not Specifically Identified State Funds Tobacco Funds State General Funds Intra-State Government Transfers

$10,134,413 $545,878,342
$150,000 $545,728,342
$0

40.1. Administration

Purpose: 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

$4,077,544

Federal Funds and Grants

$0

Other Funds

$375,000

Other Funds - Not Specifically Identified

$375,000

State Funds

$3,702,544

State General Funds

$3,702,544

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce personal services costs through an 8day agency-wide furlough.
Realize operational efficiencies.
Eliminate 1 vacant position.
Amount appropriated in this Act

State Funds $4,155,944
$2,808
($36,247) ($184,896)
($106,447) ($35,000) ($93,618)
$3,702,544

Total Funds $4,530,944
$2,808
($36,247) ($184,896)
($106,447) ($35,000) ($93,618) $4,077,544

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40.2. Customer Service

Purpose: Assure all state revenue collection activities proceed in a manner consistent with promoting voluntary compliance and the Taxpayer Bill of Rights.

Total Funds

$12,283,791

Federal Funds and Grants

$0

Other Funds

$2,110,135

Agency Funds

$2,110,135

State Funds

$10,173,656

State General Funds

$10,173,656

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 (HB990)

$11,464,238

$13,574,373

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,597

$4,597

Defer state employees' salary increases effective January 1, 2009.

($102,182)

($102,182)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($521,230)

($521,230)

Realize operational efficiencies.

($150,000)

($150,000)

Eliminate 1 vacant position.

($326,100)

($326,100)

Reduce personal services costs through an 8day agency-wide furlough.

($195,667)

($195,667)

Amount appropriated in this Act

$10,173,656

$12,283,791

40.3. Homeowners Tax Relief Grants (HTRG)
Purpose: 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.

TUESDAY, MARCH 10, 2009

2421

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 (HB990)

$428,290,501

$428,290,501

Amount appropriated in this Act

$428,290,501

$428,290,501

40.4. Industry Regulation

Purpose: Provide regulation of the distribution, sale, and consumption of alcoholic beverages and tobacco products, and ensure all coin-operated amusement machines are properly licensed and decaled.

Total Funds

$4,711,884

Federal Funds and Grants

$187,422

Federal Funds Not Specifically Identified

$187,422

Other Funds

$0

State Funds

$4,524,462

Tobacco Funds

$150,000

State General Funds

$4,374,462

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 (HB990)

$4,969,234

$5,156,656

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,309

$11,309

Defer state employees' salary increases effective January 1, 2009.

($40,232)

($40,232)

2422

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Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce regular operating expenses agencywide including funding for motor vehicle purchases.
Reduce personal services costs through an 8day agency-wide furlough.
Amount appropriated in this Act

($205,220)
($99,110) ($111,519) $4,524,462

($205,220)
($99,110) ($111,519) $4,711,884

40.5. Local Tax Officials Retirement and FICA

Purpose: Provide state retirement benefits and employers' share of FICA to local tax officials and their staffs.

Total Funds

$5,990,030

State Funds

$5,990,030

State General Funds

$5,990,030

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Add funds to pay the employer portion of retirement benefits for local tax officials.
Amount appropriated in this Act

State Funds $5,149,163
$840,867
$5,990,030

Total Funds $5,149,163
$840,867
$5,990,030

40.6. Revenue Processing

Purpose: Ensure all tax payments are received, credited, and deposited according to sound business practices and the law, and ensure all tax returns are reviewed and recorded to accurately update taxpayer information.

Total Funds

$38,529,934

Federal Funds and Grants

$0

Other Funds

$426,769

Other Funds - Not Specifically Identified

$426,769

State Funds

$38,103,165

TUESDAY, MARCH 10, 2009

2423

State General Funds

$38,103,165

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$42,190,866

$42,617,635

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$136,089

$136,089

Defer state employees' salary increases effective January 1, 2009.

($254,794)

($254,794)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,299,705)

($1,299,705)

Reduce contractual services for internal information technology projects.

($184,509)

($184,509)

Eliminate 9 vacant positions.

($84,782)

($84,782)

Reduce personal services costs through an 8-

$0

$0

day agency-wide furlough.

Reduce the temporary labor force and associated operating costs as a result of eliminating two shifts.

($2,400,000)

($2,400,000)

Amount appropriated in this Act

$38,103,165

$38,529,934

40.7. Salvage Inspection

Purpose: Inspect rebuilt salvage vehicles.

Total Funds

$1,469,728

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,469,728

State General Funds

$1,469,728

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

2424

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Realize operational efficiencies.
Reduce personal services costs through an 8day agency-wide furlough.
Amount appropriated in this Act

State Funds $1,704,133
($15,501) ($79,071)
($100,000) ($39,833) $1,469,728

Total Funds $1,704,133
($15,501) ($79,071)
($100,000) ($39,833) $1,469,728

40.8. State Board of Equalization

Purpose: Examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions, and reasonably uniform with the values set on other classes of property throughout the state.

Total Funds

$5,000

State Funds

$5,000

State General Funds

$5,000

40.9. Tag and Title Registration

Purpose: Establish motor vehicle ownership.

Total Funds

$24,088,548

Federal Funds and Grants

$0

Other Funds

$3,695,700

Other Funds - Not Specifically Identified

$3,695,700

State Funds

$20,392,848

State General Funds

$20,392,848

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act

$23,449,239

$27,144,939

TUESDAY, MARCH 10, 2009

2425

(HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Realize operational efficiencies.
Eliminate 4 vacant and 4 filled positions.
Reduce personal services costs through an 8day agency-wide furlough.
Defer non-mandated supply purchases and services for counties associated with tag and title registration.
Eliminate funding for 17 hourly and 14 temporary labor positions.
Realize operational efficiencies by relying on one statutorily required notice to inform vehicle owners who are non-compliant with insurance requirements.
Amount appropriated in this Act

$119,100 ($119,194) ($608,012)
($90,000) ($448,000) ($326,785) ($393,000) ($785,500) ($405,000)
$20,392,848

$119,100 ($119,194) ($608,012)
($90,000) ($448,000) ($326,785) ($393,000) ($785,500) ($405,000)
$24,088,548

40.10. Tax Compliance

Purpose: Ensure all taxpayers pay the correct amount of taxes owed under the law.

Total Funds

$49,073,352

Federal Funds and Grants

$210,000

Federal Funds Not Specifically Identified

$210,000

Other Funds

$15,636,944

Agency Funds

$10,000,000

Other Funds - Not Specifically Identified

$5,636,944

State Funds

$33,226,408

State General Funds

$33,226,408

Intra-State Government Transfers

$0

2426

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 (HB990)

$36,119,723

$51,966,667

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,143

$2,143

Defer state employees' salary increases effective January 1, 2009.

($296,060)

($296,060)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,510,206)

($1,510,206)

Reduce contractual services for internal information technology projects.

($202,668)

($202,668)

Realize operational efficiencies.

($99,999)

($99,999)

Eliminate 5 vacant and 2 filled positions.

($339,375)

($339,375)

Reduce personal services costs through an 8-

$0

$0

day agency-wide furlough.

Reduce out-of-state travel expenses for auditors.

($300,000)

($300,000)

Delay hiring 3 vacant compliance auditor positions added in FY 2009 until January 1, 2009.

($147,150)

($147,150)

Amount appropriated in this Act

$33,226,408

$49,073,352

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

$36,608,327 $0
$1,939,894 $435,771
$1,504,123 $34,668,433 $34,668,433
$0

TUESDAY, MARCH 10, 2009

2427

41.1. Administration Services

Purpose: Provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$6,909,745

Federal Funds and Grants

$0

Other Funds

$127,578

Other Funds - Not Specifically Identified

$127,578

State Funds

$6,782,167

State General Funds

$6,782,167

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,452,027

$8,579,605

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$128

$128

Defer state employees' salary increases effective January 1, 2009.

($88,686)

($88,686)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($414,835)

($414,835)

Provide for an additional reduction to operations.

($186,570)

($186,570)

Reduce personal services ($301,156), eliminate 3 positions in the Administration subprogram ($660,395), and reduce funding for temporary positions ($13,346).

($974,897)

($974,897)

Reduce funding for the Martin Luther King, Jr. holiday celebration based on prior year expenditures.

($5,000)

($5,000)

Amount appropriated in this Act

$6,782,167

$6,909,745

2428

JOURNAL OF THE HOUSE

41.2. Archives

Purpose: Assist state agencies in adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center.

Total Funds

$5,938,622

Federal Funds and Grants

$0

Other Funds

$532,671

Records Center Storage Fee

$435,771

Other Funds - Not Specifically Identified

$96,900

State Funds

$5,405,951

State General Funds

$5,405,951

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Eliminate 19 positions to reflect reorganization.
Reduce program-wide operating expenses based on streamlined service delivery.
Amount appropriated in this Act

State Funds $6,363,415
$70
($38,824) ($184,002)
$0 ($522,783) ($211,925) $5,405,951

Total Funds $6,896,086
$70
($38,824) ($184,002)
$0 ($522,783) ($211,925) $5,938,622

41.3. Capitol Tours

TUESDAY, MARCH 10, 2009

2429

Purpose: Provide guided informational tours of the Capitol.

Total Funds

$159,922

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$159,922

State General Funds

$159,922

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$168,558

$168,558

Reflect allocation of telecommunication

$3

$3

expenses resulting from the GAIT

Outsourcing Project.

Defer state employees' salary increases effective January 1, 2009.

($1,596)

($1,596)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($7,043)

($7,043)

Amount appropriated in this Act

$159,922

$159,922

41.4. Corporations

Purpose: Accept and review findings made pursuant to statutes; issue certifications of records on file; and, provide information to the public on all filed entities.

Total Funds

$1,927,777

Federal Funds and Grants

$0

Other Funds

$739,512

Other Funds - Not Specifically Identified

$739,512

State Funds

$1,188,265

State General Funds

$1,188,265

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

2430

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)

$1,339,523

$2,079,035

Reflect allocation of telecommunication

$50

$50

expenses resulting from the GAIT

Outsourcing Project.

Defer state employees' salary increases effective January 1, 2009.

($19,261)

($19,261)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($97,047)

($97,047)

Provide for an additional reduction to operations.

($35,000)

($35,000)

Amount appropriated in this Act

$1,188,265

$1,927,777

41.5. Elections

Purpose: Administer all duties imposed upon the Secretary of State by providing all

required filing and public information services, performing all certification and

commissioning duties required by law and assisting candidates, local governments,

and citizens in interpreting and complying with all election, voter registration and

financial disclosure laws.

Total Funds

$6,177,127

Federal Funds and Grants

$0

Other Funds

$340,133

Other Funds - Not Specifically Identified

$340,133

State Funds

$5,836,994

State General Funds

$5,836,994

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,029,562

$6,369,695

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$671

$671

Defer state employees' salary increases effective January 1, 2009.

($20,845)

($20,845)

TUESDAY, MARCH 10, 2009

2431

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.

($98,794) ($25,000)

($98,794) ($25,000)

Realize savings from the consolidation of mail routes ($3,000), utilization of existing supply of voter registration applications ($20,600), and publication of the Official Directory of Elected Officials online ($25,000).
Reduce funds for contracts.

($48,600) $0

($48,600) $0

Amount appropriated in this Act

$5,836,994

$6,177,127

41.6. Professional Licensing Boards

Purpose: Protect the public health and welfare by supporting all operations of Boards which license professions.

Total Funds

$7,645,208

Federal Funds and Grants Other Funds

$0 $150,000

Other Funds - Not Specifically Identified State Funds

$150,000 $7,495,208

State General Funds Intra-State Government Transfers

$7,495,208 $0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,755,732

$8,905,732

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.

$129 ($74,484)

$129 ($74,484)

2432

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Eliminate 18 filled positions and reduce funding for 6 vacant positions.
Reduce operating expenses related to per diem and fees for exam proctors ($53,000) and contractual services as related to direct exam expenses ($29,000).
Amount appropriated in this Act

($353,256)
($750,913) ($82,000) $7,495,208

($353,256)
($750,913) ($82,000) $7,645,208

41.7. Securities

Purpose: Provide for registration, compliance, and enforcement of the provisions of the Georgia Codes, and provide information to the public regarding subjects of such codes.

Total Funds

$1,563,361

Federal Funds and Grants

$0

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$1,513,361

State General Funds

$1,513,361

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 (HB990)

$1,862,983

$1,912,983

Reflect allocation of telecommunication

$17

$17

expenses resulting from the GAIT

Outsourcing Project.

Defer state employees' salary increases effective January 1, 2009.

($22,507)

($22,507)

TUESDAY, MARCH 10, 2009

2433

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce funding for 3 vacant positions.
Amount appropriated in this Act

($106,669)
($15,000) ($205,463) $1,513,361

($106,669)
($15,000) ($205,463) $1,563,361

The following appropriations are for agencies attached for administrative purposes.

41.8. Georgia Commission on the Holocaust

Purpose: Teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the enormity of the crimes of prejudice and inhumanity.

Total Funds

$309,385

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$309,385

State General Funds

$309,385

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$364,819

$364,819

Defer state employees' salary increases effective January 1, 2009.

($3,173)

($3,173)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($17,946)

($17,946)

Provide for an additional reduction to operations.

$0

$0

2434

JOURNAL OF THE HOUSE

Reduce personal services for part-time exhibit coordinators.
Reduce consulting fees for teacher training provided state-wide.
Reduce travel agency-wide.
Amount appropriated in this Act

($20,000)
($6,815)
($7,500) $309,385

($20,000)
($6,815)
($7,500) $309,385

41.9. 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

$1,301,681

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,301,681

State General Funds

$1,301,681

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Defer pay raise for compliance investigators funded in FY 2009.

State Funds $1,713,440
$3,435 ($54,627) ($87,674)
($13,209) ($175,000)

Total Funds $1,713,440
$3,435 ($54,627) ($87,674)
($13,209) ($175,000)

TUESDAY, MARCH 10, 2009

2435

Defer filling 2 vacant compliance investigator positions and reduce personal services agency-wide.
Amount appropriated in this Act

($84,684) $1,301,681

($84,684) $1,301,681

41.10. 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

$3,182,182

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,182,182

State General Funds

$3,182,182

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,671,540

$3,671,540

Defer state employees' salary increases effective January 1, 2009.

($29,332)

($29,332)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($127,696)

($127,696)

Provide for an additional reduction to operations.

($20,071)

($20,071)

Eliminate 1 vacant investigator position ($50,000) and 1 vacant investigative support position ($20,000), and fill 2 investigator positions for only 6 months ($50,000).

($120,000)

($120,000)

Remove funding for the Home Inspectors Licensing Board funded in FY 2009 due to the veto of enabling legislation.

($130,000)

($130,000)

Reduce motor vehicle purchases.

($18,000)

($18,000)

Realize telecommunications savings.

($16,259)

($16,259)

2436

JOURNAL OF THE HOUSE

Eliminate the use of printed transcripts for Commission meetings, and increase the frequency of teleconference meetings.
Reduce the frequency of administrative hearings by 1 administrative hearing per month for 6 months.
Replace state funds with other funds.
Amount appropriated in this Act

($16,000)
($12,000)
$0 $3,182,182

($16,000)
($12,000)
$0 $3,182,182

41.11. State Ethics Commission

Purpose: Protect the integrity of the democratic process, and ensure compliance by candidates, public officials, non-candidate campaign committees, lobbyists, and vendors with Georgia's Campaign and Financial Disclosure requirements.

Total Funds

$1,493,317

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,493,317

State General Funds

$1,493,317

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,782,791

$1,782,791

Defer state employees' salary increases effective January 1, 2009.

($17,719)

($17,719)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($87,342)

($87,342)

Provide for an additional reduction to operations.

($15,145)

($15,145)

Reduce funding for personal services through a combination of agency-wide furloughs, attrition, and reductions in force.

($76,788)

($76,788)

TUESDAY, MARCH 10, 2009

2437

Reduce the purchase of new and replacement computer software and equipment.
Reduce funding for travel, training, and supplies and materials.
Eliminate funding for the purchase of court reporting services, hearing transcripts, and other contractual services.
Amount appropriated in this Act

($42,000) ($41,980) ($8,500)
$1,493,317

($42,000) ($41,980) ($8,500)
$1,493,317

Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$8,515,993 $1,717,500 $1,717,500 $2,631,971 $2,631,971 $2,946,901 $2,946,901 $1,219,621 $1,219,621

42.1. Administration

Purpose: Protect, conserve, and improve the soil and water resources of the State of Georgia.

Total Funds

$699,497

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$699,497

State General Funds

$699,497

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$744,561

$744,561

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,187

$2,187

2438

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Amount appropriated in this Act

($10,768) ($36,483)
$0 $699,497

($10,768) ($36,483)
$0 $699,497

42.2. Conservation of Agricultural Water Supplies

Purpose: Conserve the use of Georgia's ground and surface water by agricultural water users.

Total Funds

$4,218,643

Federal Funds and Grants

$1,465,000

Federal Funds Not Specifically Identified

$1,465,000

Other Funds

$2,351,971

Agency Funds

$2,351,971

State Funds

$401,672

State General Funds

$401,672

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 (HB990)

$322,300

$4,139,271

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$968

$968

Defer state employees' salary increases effective January 1, 2009.

($6,014)

($6,014)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($15,582)

($15,582)

TUESDAY, MARCH 10, 2009

2439

Redirect funds from Water Resources and Land Use Planning to the Conservation of Agricultural Water Supplies program for essential repairs and maintenance to the Dawson field office.
Amount appropriated in this Act

$100,000 $401,672

$100,000 $4,218,643

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

$3,242,680

Federal Funds and Grants

$252,500

Federal Funds Not Specifically Identified

$252,500

Other Funds

$280,000

Agency Funds

$280,000

State Funds

$1,490,559

State General Funds

$1,490,559

Intra-State Government Transfers

$1,219,621

Other Intra-State Government Payments

$1,219,621

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,656,609

$3,408,730

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,123

$2,123

Defer state employees' salary increases effective January 1, 2009.

($43,749)

($43,749)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($78,424)

($78,424)

Replace state funds with other funds in personal services.

($46,000)

($46,000)

2440

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$1,490,559

$3,242,680

42.4. USDA Flood Control Watershed Structures

Purpose: Provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

Total Funds

$97,755

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$97,755

State General Funds

$97,755

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 (HB990)

$98,810

$98,810

Reflect allocation of telecommunication

$37

$37

expenses resulting from the GAIT

Outsourcing Project.

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,092)

($1,092)

Amount appropriated in this Act

$97,755

$97,755

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

$257,418

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$257,418

State General Funds

$257,418

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 10, 2009

2441

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce contract funds.
Reduce funds in personal services.
Redirect funds from Water Resources and Land Use Planning program to the Conservation of Agricultural Water Supplies program for essential repairs and maintenance to the Dawson field office.
Amount appropriated in this Act

State Funds $750,559 $18 ($300)
($29,859) ($343,000) ($20,000) ($100,000)
$257,418

Total Funds $750,559 $18 ($300)
($29,859) ($343,000) ($20,000) ($100,000)
$257,418

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

$588,613,880 $520,653 $520,653
$12,472,493 $12,472,493 $575,620,734 $546,762,979 $28,857,755
$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.

2442

JOURNAL OF THE HOUSE

Total Funds

$4,500,000

State Funds

$4,500,000

Lottery Funds

$4,500,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,200,000

$4,200,000

Increase Accel to meet the projected need.

$300,000

$300,000

Amount appropriated in this Act

$4,500,000

$4,500,000

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

State Funds Lottery Funds

$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

$1,329,200

Other Funds

$400,000

Other Funds - Not Specifically Identified

$400,000

State Funds

$929,200

State General Funds

$929,200

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 10, 2009

2443

Amount from prior Appropriation Act (HB990)
Reduce the Governor's Scholarship Program to meet the projected need.
Amount appropriated in this Act

State Funds $1,629,200
($700,000)
$929,200

Total Funds $2,029,200
($700,000)
$1,329,200

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

$3,184,883

State Funds

$3,184,883

State General Funds

$3,184,883

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,599,883

$3,599,883

Reduce Guaranteed Educational Loans to meet the projected need.

($415,000)

($415,000)

Amount appropriated in this Act

$3,184,883

$3,184,883

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 spouses and children of such members.

Total Funds

$798,000

Other Funds

$718,000

Other Funds - Not Specifically Identified

$718,000

State Funds

$80,000

State General Funds

$80,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$200,000

$918,000

2444

JOURNAL OF THE HOUSE

Reduce the HERO Scholarship to meet the projected need.
Amount appropriated in this Act

($120,000) $80,000

($120,000) $798,000

43.7. HOPE Administration Purpose: None Total Funds Federal Funds and Grants Other Funds
Other Funds - Not Specifically Identified State Funds Lottery Funds Intra-State Government Transfers

$5,798,264 $0
$500,000 $500,000 $5,298,264 $5,298,264
$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,488,608

$5,988,608

Defer state employees' salary increases effective January 1, 2009.

($60,332)

($60,332)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($130,012)

($130,012)

Amount appropriated in this Act

$5,298,264

$5,798,264

43.8. HOPE GED

Purpose: Award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia.

Total Funds

$2,356,654

State Funds

$2,356,654

Lottery Funds

$2,356,654

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

TUESDAY, MARCH 10, 2009

2445

Amount from prior Appropriation Act (HB990)
Decrease HOPE GED to meet the projected need.
Amount appropriated in this Act

State Funds $2,461,614
($104,960)
$2,356,654

Total Funds $2,461,614
($104,960)
$2,356,654

43.9. HOPE Grant

Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution.

Total Funds

$123,816,042

State Funds

$123,816,042

Lottery Funds

$123,816,042

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$113,251,243

$113,251,243

Increase the HOPE Grant to meet the projected need.

$10,564,799

$10,564,799

Amount appropriated in this Act

$123,816,042

$123,816,042

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

$42,323,094

State Funds

$42,323,094

Lottery Funds

$42,323,094

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$52,177,437

$52,177,437

Decrease HOPE Scholarships- Private Schools to meet the projected need.

($9,854,343)

($9,854,343)

Amount appropriated in this Act

$42,323,094

$42,323,094

2446

JOURNAL OF THE HOUSE

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

$355,086,391

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$355,086,391

Lottery Funds

$355,086,391

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$354,276,159

$354,276,159

Adjust HOPE Scholarships- Public Schools to meet the projected need.

$810,232

$810,232

Amount appropriated in this Act

$355,086,391

$355,086,391

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

TUESDAY, MARCH 10, 2009

2447

State General Funds

$766,757

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

$1,137,763

State Funds

$1,137,763

State General Funds

$1,137,763

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$683,951

$683,951

Increase the North Georgia Military Scholarship Grant to meet the projected need.

$453,812

$453,812

Amount appropriated in this Act

$1,137,763

$1,137,763

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

$535,146

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$535,146

State General Funds

$535,146

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 (HB990)

$507,479

$507,479

Increase grant funding to meet projected need.

$27,667

$27,667

Amount appropriated in this Act

$535,146

$535,146

2448

JOURNAL OF THE HOUSE

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 postsecondary institutions.

Total Funds

$32,101,574

Other Funds

$10,654,493

Other Funds - Not Specifically Identified

$10,654,493

State Funds

$21,447,081

State General Funds

$21,447,081

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$23,311,802

$33,966,295

TUESDAY, MARCH 10, 2009

2449

Reduce the Tuition Equalization Grant to meet the projected need.
Amount appropriated in this Act

($1,864,721) $21,447,081

($1,864,721) $32,101,574

The following appropriations are for agencies attached for administrative purposes.

43.20. Nonpublic Post Secondary Education Commission

Purpose: Authorize private postsecondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints.

Total Funds

$726,014

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$726,014

State General Funds

$726,014

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce operating expenses.
Amount appropriated in this Act

State Funds $803,910 $1,498
($8,538) ($43,500)
($7,356) ($20,000) $726,014

Total Funds $803,910 $1,498
($8,538) ($43,500)
($7,356) ($20,000) $726,014

2450

JOURNAL OF THE HOUSE

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

$28,053,277 $0
$448,481 $448,481 $1,368,000 $1,368,000 $26,236,796 $26,236,796

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

$1,368,000

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,368,000

State General Funds

$1,368,000

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 (HB990)

$1,523,000

$1,523,000

Adjust funding for Floor/COLA based on projected lapse.

($155,000)

($155,000)

Amount appropriated in this Act

$1,368,000

$1,368,000

44.2. System Administration

Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing.

Total Funds

$26,685,277

Other Funds

$448,481

TUESDAY, MARCH 10, 2009

2451

Other Funds - Not Specifically Identified Intra-State Government Transfers Retirement Payments

$448,481 $26,236,796 $26,236,796

Section 45: Technical College System of 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 Other Intra-State Government Payments

$571,548,711 $60,500,000 $60,500,000
$190,640,000 $190,600,000
$40,000 $319,433,711 $319,433,711
$975,000 $975,000

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

$13,840,494

Federal Funds and Grants

$3,800,000

Federal Funds Not Specifically Identified

$3,800,000

Other Funds

$1,440,000

Agency Funds

$1,400,000

Other Funds - Not Specifically Identified

$40,000

State Funds

$8,600,494

State General Funds

$8,600,494

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$10,213,558

$15,453,558

2452

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Provide for an additional reduction to operations.
Reduce operating expenses.
Reduce personal services.
Amount appropriated in this Act

($437,025)
($68,478) ($204,443) ($903,118) $8,600,494

($437,025)
($68,478) ($204,443) ($903,118) $13,840,494

45.2. Adult Literacy

Purpose: Enable every adult learner in Georgia to acquire the necessary basic skillsreading, writing, computation, speaking, and listening - to compete successfully in today's workplace, strengthen family foundations, and exercise full citizenship.

Total Funds

$32,762,328

Federal Funds and Grants

$15,400,000

Federal Funds Not Specifically Identified

$15,400,000

Other Funds

$3,200,000

Agency Funds

$3,200,000

State Funds

$14,162,328

State General Funds

$14,162,328

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$16,297,100

$34,897,100

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($572,988)

($572,988)

Provide for an additional reduction to operations.

($112,690)

($112,690)

Reduce Adult Literacy Grants.

($1,449,094)

($1,449,094)

TUESDAY, MARCH 10, 2009

2453

Amount appropriated in this Act

$14,162,328

$32,762,328

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

$23,946,794

Federal Funds and Grants

$300,000

Federal Funds Not Specifically Identified

$300,000

Other Funds

$8,975,000

Agency Funds

$8,975,000

State Funds

$14,671,794

State General Funds

$14,671,794

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$16,719,604

$25,994,604

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($323,722)

($323,722)

Provide for an additional reduction to operations.

($116,612)

($116,612)

Reduce funding for Quick Start.

($1,407,476)

($1,407,476)

Eliminate funding for a post-graduate engineering program at Chattahoochee Technical College.

($200,000)

($200,000)

Amount appropriated in this Act

$14,671,794

$23,946,794

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

$500,999,095

2454

JOURNAL OF THE HOUSE

Federal Funds and Grants

$41,000,000

Federal Funds Not Specifically Identified

$41,000,000

Other Funds

$177,025,000

Agency Funds

$177,025,000

State Funds

$281,999,095

State General Funds

$281,999,095

Intra-State Government Transfers

$975,000

Other Intra-State Government Payments

$975,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$327,744,745

$546,744,745

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$572,024

$572,024

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($16,470,966)

($16,470,966)

Provide for an additional reduction to operations.

($2,244,572)

($2,244,572)

Reduce personal services ($8,872,677) and operating expenses ($17,658,391) formula funding for the technical colleges.

($26,531,068)

($26,531,068)

Reduce funding for the Regents Program.

($296,068)

($296,068)

Reduce funding for Career Academies.

($750,000)

($750,000)

(CC:Partially restore funds.)

Recognize early savings from the consolidations of 14 colleges.

($25,000)

($25,000)

Amount appropriated in this Act

$281,999,095

$500,999,095

Section 46: Transportation, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning &

$2,141,628,568 $1,269,017,438 $1,242,517,438

TUESDAY, MARCH 10, 2009

2455

Construction Federal Funds Not Specifically Identified Other Funds Agency Funds State Funds Motor Fuel Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments

$26,500,000 $5,999,308 $5,999,308 $865,193,794 $840,809,092 $24,384,702 $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 system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. 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.

2456

JOURNAL OF THE HOUSE

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

$58,561,624

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

$46,822,831

Motor Fuel Funds

$46,434,722

State General Funds

$388,109

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$68,478,140

$80,216,933

Defer state employees' salary increases effective January 1, 2009.

($848,330)

($848,330)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($2,814,916)

($2,814,916)

Provide for an additional reduction to operations.

($250,728)

($250,728)

Reduce funds for motor vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($50,999)

($50,999)

Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($5,165,502)

($5,165,502)

TUESDAY, MARCH 10, 2009

2457

Reduce contract funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Eliminate 1 vacant position and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce operating expenses and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce personal services and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Amount appropriated in this Act

($5,421,038) ($4,978,054)
($21,607) ($385,001) ($1,719,134) $46,822,831

($5,421,038) ($4,978,054)
($21,607) ($385,001) ($1,719,134) $58,561,624

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

$3,100,239

Federal Funds and Grants

$0

Other Funds

$275,000

Agency Funds

$275,000

State Funds

$2,167,444

State General Funds

$2,167,444

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 (HB990)

$2,310,310

$3,243,105

2458

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Amount appropriated in this Act

$6,069 ($52,046) ($96,889)
$2,167,444

46.3. Airport Aid

$6,069 ($52,046) ($96,889)
$3,100,239

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

$19,543,415

Federal Funds and Grants

$6,500,000

Federal Funds Not Specifically Identified

$6,500,000

Other Funds

$0

State Funds

$13,043,415

State General Funds

$13,043,415

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 (HB990)

$16,455,457

$22,955,457

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,469

$4,469

Defer state employees' salary increases effective January 1, 2009.

($3,866)

($3,866)

TUESDAY, MARCH 10, 2009

2459

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds for pavement maintenance projects.
Reduce funds for maintenance.
Reduce personal service costs to reflect projected expenditures.
Amount appropriated in this Act

($30,787)
($1,731,858) ($1,500,000)
($150,000) $13,043,415

($30,787)
($1,731,858) ($1,500,000)
($150,000) $19,543,415

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

$10,477,785

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

$2,145,271

Motor Fuel Funds

$1,072,557

State General Funds

$1,072,714

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,665,832

$12,998,346

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$266,972

$266,972

Defer state employees' salary increases effective January 1, 2009.

($110,676)

($110,676)

2460

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce operating expenses and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Eliminate 15 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce regular operating expenses.
Amount appropriated in this Act

($320,029)
($29,893) ($1,598,055)
($216,102) ($458,678)
($54,100) $2,145,271

($320,029)
($29,893) ($1,598,055)
($216,102) ($458,678) ($54,100) $10,477,785

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

$169,607,945

Federal Funds and Grants

$69,658,670

Federal Highway Administration Highway Planning & Construction

$69,658,670

State Funds

$99,354,042

Motor Fuel Funds

$99,354,042

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

TUESDAY, MARCH 10, 2009

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce funds for motor vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce funds for Local Road Assistance and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce funds for Off System funding and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce funds for Most Needed and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce operating expenses and transfer funds to the State Highway Construction and Improvement program for Capital Outlay projects.

$156,700,606 ($398,564)
($1,538,960)
($95,660) ($109,000) ($14,921,095) ($20,247,427) ($11,000,000) ($6,600,000) ($1,050,009)

2461 $226,954,509
($398,564) ($1,538,960)
($95,660) ($109,000) ($14,921,095) ($20,247,427) ($11,000,000) ($6,600,000) ($1,050,009)

2462

JOURNAL OF THE HOUSE

Reduce contract funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce funds in personal services and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Amount appropriated in this Act

($633,104) ($752,745) $99,354,042

($633,104) ($752,745) $169,607,945

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

$106,630,353

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$106,630,353

Motor Fuel Funds

$106,630,353

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 (HB990)

$94,249,786

$94,249,786

Reflect debt service requirements for the State Road and Tollway Authority.

$12,380,567

$12,380,567

Amount appropriated in this Act

$106,630,353

$106,630,353

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

$839,793

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$839,793

State General Funds

$839,793

TUESDAY, MARCH 10, 2009

2463

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,528,887

$1,528,887

Defer state employees' salary increases effective January 1, 2009.

($2,211)

($2,211)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($11,868)

($11,868)

Reduce funds related to the condemnation lawsuit.

($275,015)

($275,015)

Reduce funds for the remainder of FY09 and contract with the Georgia Ports Authority for dike and harbor maintenance and mosquito control.

($400,000)

($400,000)

Amount appropriated in this Act

$839,793

$839,793

46.8. Rail

Purpose: Oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects.

Total Funds

$347,647

Federal Funds and Grants

$0

Other Funds

$88,239

Agency Funds

$88,239

State Funds

$259,408

State General Funds

$259,408

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$303,647

$391,886

2464

JOURNAL OF THE HOUSE

Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce operating expenses.
Amount appropriated in this Act

($4,060) ($16,119)
($24,060) $259,408

($4,060) ($16,119)
($24,060) $347,647

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

$1,362,852,621

Federal Funds and Grants

$964,973,294

Federal Highway Administration Highway Planning & Construction

$964,973,294

Other Funds

$0

State Funds

$397,714,327

Motor Fuel Funds

$397,714,327

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 (HB990)

$284,919,481

$1,250,057,775

Reduce contract funds.

($7,246,144)

($7,246,144)

Reduce operating expenses.

($1,492,510)

($1,492,510)

Reduce state matching funds.

($72,043,759)

($72,043,759)

Reduce funds for Most Needed systems.

($4,400,000)

($4,400,000)

TUESDAY, MARCH 10, 2009

2465

Transfer funds for capital outlay projects from the Administration program ($21,404,581), Data Collection, Compliance and Reporting program ($2,692,220), Local Road Assistance program ($57,346,564), State Highway System Maintenance program ($12,356,057), and State Highway System Operations program ($18,995,424) to the State Highway Construction and Improvement program.
Reduce personal services.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009.
Increase funds for capital outlay projects.
Amount appropriated in this Act

$112,794,846
($2,856,698) ($4,862,238) $92,901,349 $397,714,327

$112,794,846
($2,856,698) ($4,862,238) $92,901,349 $1,362,852,621

46.10. State Highway System Maintenance

Purpose: Coordinate all statewide maintenance activities.

Total Funds

$335,854,324

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

$182,106,870

Motor Fuel Funds

$182,106,870

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$192,591,918

$346,339,372

Defer state employees' salary increases effective January 1, 2009.

($2,156,203)

($2,156,203)

2466

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Reduce contract funds.
Reduce funds in personal services.
Reduce operating expenses.
Reduce state matching funds.
Eliminate funds for motor vehicle purchases.
Reduce funds for the state forces 107 program and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Eliminate 126 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Reduce funds for equipment purchases.
Increase funds for capital outlay projects.
Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.
Amount appropriated in this Act

($6,377,117)
($643,447) ($4,497,928) ($5,988,477) ($38,356,709) ($1,207,751) ($4,000,000)
($3,814,180)
($96,813) $61,195,454 ($4,541,877)
$182,106,870

($6,377,117)
($643,447) ($4,497,928) ($5,988,477) ($38,356,709) ($1,207,751) ($4,000,000)
($3,814,180)
($96,813) $61,195,454 ($4,541,877)
$335,854,324

46.11. State Highway System Operations

Purpose: Ensure a safe and efficient transportation system statewide through traffic engineering and traffic management.

Total Funds

$47,193,003

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

$7,496,221

TUESDAY, MARCH 10, 2009

2467

Motor Fuel Funds

$7,496,221

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$26,491,645

$66,188,427

Defer state employees' salary increases effective January 1, 2009.

($455,128)

($455,128)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($1,591,211)

($1,591,211)

Eliminate 127 vacant positions and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($3,847,971)

($3,847,971)

Reduce funds for equipment purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($261,571)

($261,571)

Reduce funds for motor vehicle purchases and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($131,000)

($131,000)

Reduce operating expenses and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($3,212,825)

($3,212,825)

Reduce personal services and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($999,157)

($999,157)

Reduce state matching funds and transfer funds to the State Highway System Construction and Improvement program for Capital Outlay projects.

($8,496,561)

($8,496,561)

Amount appropriated in this Act

$7,496,221

$47,193,003

2468

JOURNAL OF THE HOUSE

46.12. Transit

Purpose: Preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems.

Total Funds

$26,619,819

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

$6,613,819

State General Funds

$6,613,819

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 (HB990)

$7,520,854

$27,526,854

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$18,989

$18,989

Defer state employees' salary increases effective January 1, 2009.

($8,403)

($8,403)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($41,807)

($41,807)

Reduce funds for bus replacement.

($875,814)

($875,814)

Amount appropriated in this Act

$6,613,819

$26,619,819

Section 47: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds State Funds State General Funds

$41,682,650 $18,875,370 $18,875,370
$0 $22,807,280 $22,807,280

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2469

Intra-State Government Transfers

$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

$1,194,904

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,194,904

State General Funds

$1,194,904

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 (HB990)

$850,660

$850,660

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,086

$4,086

Defer state employees' salary increases effective January 1, 2009.

($6,361)

($6,361)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($40,339)

($40,339)

Delay hiring 4 positions added in FY 2009.

($113,142)

($113,142)

Transfer state funds from the veterans benefit program to the administration program to align budget with anticipated expenditures.

$500,000

$500,000

Amount appropriated in this Act

$1,194,904

$1,194,904

47.2. Georgia Veterans Memorial Cemetery

Purpose: Provide for the interment of eligible Georgia veterans who served faithfully and honorably in the military service of our country.

Total Funds

$572,159

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Federal Funds and Grants

$35,700

Federal Funds Not Specifically Identified

$35,700

Other Funds

$0

State Funds

$536,459

State General Funds

$536,459

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 (HB990)

$570,702

$606,402

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$173

$173

Defer state employees' salary increases effective January 1, 2009.

($4,294)

($4,294)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($30,122)

($30,122)

Amount appropriated in this Act

$536,459

$572,159

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

$11,290,562

Federal Funds and Grants

$5,534,646

Federal Funds Not Specifically Identified

$5,534,646

State Funds

$5,755,916

State General Funds

$5,755,916

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,129,026

$11,950,582

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2471

Decrease payments to the Medical College of Georgia for operating the Georgia War Veterans' Nursing Home in Augusta (Total Funds: $660,020).
Amount appropriated in this Act

($373,110) $5,755,916

($660,020) $11,290,562

47.4. Georgia War Veterans Nursing Home - Milledgeville

Purpose: Provide skilled nursing care to aged and infirmed Georgia war veterans.

Total Funds

$18,834,154

Federal Funds and Grants

$8,681,584

Federal Funds Not Specifically Identified

$8,681,584

State Funds

$10,152,570

State General Funds

$10,152,570

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$11,502,288

$21,161,872

Close the independent living unit of the Georgia War Veterans' Home in Milledgeville effective December 1, 2008 (Total Funds: $2,327,718).

($1,349,718)

($2,327,718)

Amount appropriated in this Act

$10,152,570

$18,834,154

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

$9,790,871

Federal Funds and Grants

$4,623,440

Federal Funds Not Specifically Identified

$4,623,440

Other Funds

$0

State Funds

$5,167,431

State General Funds

$5,167,431

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

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Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases effective January 1, 2009.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)
Transfer state funds from the veteran's benefit program to the administration program to align budget with anticipated expenditures.
Reduce new information technology funding provided in FY 2009.
Delay hiring 4 new veterans' benefits counselor positions provided for in FY 2009.
Reduce travel associated with itinerant service, annual service officers' school and supermarket of veterans benefits.
Reduce funds for repairs and maintenance to both state veterans' homes.
Amount appropriated in this Act

State Funds $6,648,993
$4,986 ($68,862) ($338,254)
($500,000)
($300,000) ($160,000) ($19,432) ($100,000) $5,167,431

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

Total Funds $11,272,433
$4,986
($68,862) ($338,254)
($500,000)
($300,000) ($160,000) ($19,432)
($100,000) $9,790,871
$18,813,644 $0
$200,000 $200,000 $18,613,644 $18,613,644
$0

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2473

48.1. Administration

Purpose: Provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective.

Total Funds

$8,216,214

Federal Funds and Grants

$0

Other Funds

$25,000

Agency Funds

$25,000

State Funds

$8,191,214

State General Funds

$8,191,214

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 (HB990)

$6,504,141

$6,529,141

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$143,487

$143,487

Defer state employees' salary increases effective January 1, 2009.

($24,894)

($24,894)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($126,723)

($126,723)

Increase payments to the State Treasury from $1,961,807 to $3,657,010.

$1,695,203

$1,695,203

Amount appropriated in this Act

$8,191,214

$8,216,214

48.2. Administer the Workers' Comp Laws

Purpose: Provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law.

Total Funds

$10,597,430

Federal Funds and Grants

$0

Other Funds

$175,000

Agency Funds

$175,000

State Funds

$10,422,430

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State General Funds

$10,422,430

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$11,216,053

$11,391,053

Defer state employees' salary increases effective January 1, 2009.

($125,557)

($125,557)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 1.926%, effective February 1, 2009 through June 30, 2009. (Revised: Reduce employer contribution rate to 1.926% for February and to 0%, effective March 1, 2009.)

($668,066)

($668,066)

Amount appropriated in this Act

$10,422,430

$10,597,430

Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funds State Funds Motor Fuel Funds State General Funds Intra-State Government Transfers

$969,990,354 $0 $0
$969,990,354 $186,720,776 $783,269,578
$0

49.1. GO Bonds Issued

Purpose: Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.

Total Funds

$926,808,666

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$926,808,666

Motor Fuel Funds

$185,824,076

State General Funds

$740,984,590

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

TUESDAY, MARCH 10, 2009

2475

previous appropriation act:
Amount from prior Appropriation Act (HB990) Transfer debt service for bonds sold in FY 2009 from New to Issued. Retain prior year unspent balance of $31,393,806 in state general funds to meet FY 2010 debt service requirements. (CC:YES) Reduce Motor Fuel funds to reflect actual needs. Transfer debt service for bonds sold in FY 2009 from New to Issued. Retain prior year unspent balance of $9,216,563 in motor fuel funds to meet FY 2010 debt service requirements. (CC:YES) Repeal the balance of $80,000 of the authorization of $2,500,000 in 5-year bonds for the Georgia Ports Authority from FY 2006 (HB 85) for Container Berths 4, 5, and 6 overlay upgrade. Reduce debt service to capture savings associated with favorable rates received in the bond sale in February. Amount appropriated in this Act

State Funds $903,133,634
$43,717,691 $0
($28,880,567) $19,642,000 $0 ($22,351)
($10,781,741) $926,808,666

Total Funds $903,133,634
$43,717,691 $0
($28,880,567) $19,642,000 $0 ($22,351)
($10,781,741) $926,808,666

49.2. GO Bonds New Purpose: None Total Funds Federal Funds and Grants Other Funds State Funds
Motor Fuel Funds State General Funds Intra-State Government Transfers

$43,181,688 $0 $0
$43,181,688 $896,700
$42,284,988 $0

The above amounts include the following adjustments, additions, and deletions to the

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previous appropriation act:
Amount from prior Appropriation Act (HB990) Transfer debt service for bonds sold in FY 2009 from New to Issued. Transfer debt service and reflect payments due on bonds issued in FY 2009 from New to Issued. Transfer debt service for bonds sold in FY 2009 from New to Issued. Transfer debt service and reflect payments due on bonds issued in FY 2009 from New to Issued. Reduce debt service to capture savings associated with favorable rates received in the bond sale in February. (CC:Reflect savings in the General Obligation Debt Sinking Fund - Issued program.) Amount appropriated in this Act

State Funds $106,541,379 ($43,717,691)
$0 ($19,642,000)
$0 $0
$43,181,688

Total Funds $106,541,379 ($43,717,691)
$0 ($19,642,000)
$0 $0
$43,181,688

Bond Financing Appropriated:
[Bond # 1] 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.
[Bond # 2] 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.
[Bond # 3] 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.

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2477

[Bond # 4] 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.
[Bond # 5] 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.
[Bond # 6] 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.
[Bond # 7] 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.
[Bond # 8] 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.
[Bond # 9] 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,

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structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 10] 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.
[Bond # 11] 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 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.
[Bond # 12] 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.
[Bond # 13] 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.
[Bond # 14] 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.

TUESDAY, MARCH 10, 2009

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[Bond # 15] 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.
[Bond # 16] 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.
[Bond # 17] 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.
[Bond # 18] 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.
[Bond # 19] 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.
[Bond # 20] 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

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System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
[Bond # 21] 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.
[Bond # 22] 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.
[Bond # 23] 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.
[Bond # 24] 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 two hundred and forty months.
[Bond # 25] 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,

TUESDAY, MARCH 10, 2009

2481

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.
[Bond # 26] 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.
[Bond # 27] 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.
[Bond # 28] 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.
[Bond # 29] 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.
[Bond # 30] 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

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amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 31] 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.
[Bond # 32] 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.
[Bond # 33] 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.
[Bond # 34] 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.
[Bond # 35] 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.

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[Bond # 36] 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.
[Bond # 37] 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.
[Bond # 38] 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.
[Bond # 39] 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.
[Bond # 40] 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.
[Bond # 41] 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.
[Bond # 42] 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

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of two hundred and forty months.
[Bond # 43] 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.
[Bond # 44] 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.
[Bond # 45] 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.
[Bond # 46] 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.
[Bond # 47] 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.

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[Bond # 48] 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.
[Bond # 49] 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.
[Bond # 50] 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.
[Bond # 51] 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.
[Bond # 52] 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.
[Bond # 53] From State General Funds, $128,100 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult

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Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
[Bond # 54] 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.
[Bond # 55] 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.
[Bond # 56] 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.
[Bond # 57] 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.
[Bond # 58] 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,

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structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $750,000 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, $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.
[Bond # 60] 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.
[Bond # 61] 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.
[Bond # 62] 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.
[Bond # 63] 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

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forty months.
[Bond # 64] 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.
[Bond # 65] 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.
[Bond # 66] 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.
[Bond # 67] 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.
[Bond # 68] 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.

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[Bond # 69] 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.
[Bond # 70] 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.
[Bond # 71] 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.
[Bond # 72] 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.
[Bond # 73] 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.
[Bond # 74] 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

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the issuance of not more than $100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 75] 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.
[Bond # 76] 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.
[Bond # 77] 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.
[Bond # 78] 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.
[Bond # 79] 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.
[Bond # 80] 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

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means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
[Bond # 81] 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.
[Bond # 82] 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.
[Bond # 83] 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.
[Bond # 84] 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.
[Bond # 85] 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

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Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 86] 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.
[Bond # 87] 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.
[Bond # 88] 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.
[Bond # 89] 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.
[Bond # 90] 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.
[Bond # 91] 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

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improvement of land, waters, 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 # 92] 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.
[Bond # 93] 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.
[Bond # 94] 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.
[Bond # 95] 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.
[Bond # 96] 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.

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[Bond # 97] 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.
[Bond # 98] 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.
[Bond # 99] 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.
[Bond # 100] 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.
[Bond # 101] 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.
[Bond # 102] 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.

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[Bond # 103] 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.
[Bond # 104] 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.
[Bond # 105] 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

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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: General Obligation Bonds Repealed, Revised, or Reinstated Because there is no further need to issue debt under the authorizing appropriation identified below, after issuance under the authorization of $2,420,000 in general obligation debt and the deposit of $547,649 from the appropriation into the general obligation debt sinking fund as required highest annual debt service (see State of Georgia General Obligation Bonds Series 2007A, issued April 26, 2007), the remaining balance of $22,351, presently available to support an issue of up to $80,000 in additional principal amount, in the authorizing appropriation is hereby repealed:
That certain paragraph of the General Appropriations Act for fiscal year 2005-2006 (Ga. L. 2005, Volume One, Book Two Appendix, commencing at p.1319, 1425, Act No. 396, 2005 Regular Session, H.B 85); as carried forward in Section 50 of Act No. 949, H.B. 1026 (Ga. L. 2006, Volume One, Book Two, commencing as p. 1 of 226, 222); as amended by Section 54 of Act No. 377, H.B. 95 (Ga. L. 2007, Volume One, Book Two Appendix, commencing as p. 1 of 277, 276), which as amended reads 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 20072008 (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 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.

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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, IntraState 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 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.

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Representative Harbin of the 118th moved that the House adopt the report of the Committee of Conference on HB 118.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E 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 E Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin
Frazier Y Fullerton
Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson
Jacobs James Y Jerguson Y Johnson, C Y Johnson, T Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 153, nays 3.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall
Reece E Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representatives Frazier of the 123rd, Hudson of the 124th, Jacobs of the 80th, Knox of the 24th, 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.

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2499

Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, Representative Harbin of the 118th moved that HB 118 be immediately transmitted to the Governor.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E 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 E Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey
Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes E Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin
Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey
Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

On the motion, the ayes were 156, nays 0.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B E Sims, C Y Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representatives Frazier of the 123rd and Mangham of the 94th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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The following Resolutions of the House were read and adopted:
HR 618. By Representatives Collins of the 95th, Richardson of the 19th, Smyre of the 132nd, Mangham of the 94th and Hembree of the 67th:
A RESOLUTION recognizing March, 2009, as Kidney Disease Prevention Month at the state capitol; and for other purposes.
HR 619. By Representative Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mrs. Mae Bell Leonard Carter; and for other purposes.
HR 620. By Representatives Mangham of the 94th, Smyre of the 132nd, Collins of the 95th, Johnson of the 75th, Mosby of the 90th and others:
A RESOLUTION recognizing and commending Bishop Eddie L. Long; and for other purposes.
HR 621. By Representative Maddox of the 172nd:
A RESOLUTION commending Master Sergeant Martin Glenn Barrett; and for other purposes.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 118. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2008, and ending June 30, 2009, known as the "General Appropriations Act," approved May 14, 2008, as House Bill 990, Act. No. 705 (Ga. L. 2008, Vol. I, Book II).
Pursuant to Article III, Section V, Paragraph XIII (b) of the Constitution of the State of Georgia, by a vote of 53 yeas 0 nays, the Senate, on this day, ordered HB 118 be immediately transmitted to the Governor.

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Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 208 Do Pass, by Substitute HB 281 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 97th
Chairman
Representative Amerson of the 9th District, Chairman of the Committee on Science & Technology, submitted the following report:
Mr. Speaker:
Your Committee on Science & Technology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 716 Do Pass, by Substitute
Respectfully submitted, /s/ Amerson of the 9th
Chairman
The Speaker announced the House in recess until 6:00 P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 9:00 o'clock, A.M., Thursday, March 12, 2009.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 2009 and adjourned Friday, April 3, 2009
VOLUME II
2009 Atlanta, Ga. Printed on Recycled Paper

THURSDAY, MARCH 12, 2009

2507

Representative Hall, Atlanta, Georgia

Thursday, March 12, 2009

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 Allison Amerson Anderson Ashe Baker Barnard Battles Bearden
E Beasley-Teague Benton Brooks Bruce Bryant Buckner Burkhalter Burns Butler Carter, A Carter, B
E Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T

Cooper Cox Crawford Davis, H Davis, S Day E Dempsey Dickson Dobbs Dooley E Drenner Ehrhart England Epps, J Everson Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton E Golick Gordon Graves Greene Hamilton Hanner E Harbin

Harden, B Harden, M Heard E Henson Hill, C Hill, C.A Holt Horne Howard Hugley Jackson Jacobs James Jerguson E Johnson, C Johnson, T E Jones, J Jones, S E Jordan Kaiser Keen Keown Knight Lane, B Lane, R Levitas Lindsey Loudermilk

Maddox, B Maddox, G Mangham Manning E Marin E Martin Maxwell May Mayo McCall McKillip Mills Mitchell Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, J Pruett Ralston Ramsey

Randall Reece E Reese Rice Roberts Rogers Rynders Scott, A Scott, M Sellier Sims, B Sims, C Smith, L Smith, R Smith, V Stephens, R Stephenson Talton Taylor E Thomas Thompson 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 Austin of the 10th, Black of the 174th, Byrd of the 20th, DawkinsHaigler of the 93rd, Dollar of the 45th, Dukes of the 150th, Floyd of the 99th, Hatfield of the 177th, Hembree of the 67th, Houston of the 170th, Hudson of the 124th, Knox of the 24th, Long of the 61st, Lucas of the 139th, Lunsford of the 110th, Meadows of the 5th, Millar of the 79th, Morris of the 155th, Powell of the 29th, Setzler of the 35th, Shaw of the 176th, Sheldon of the 105th, Shipp of the 58th, Sinkfield of the 60th, Smith of the 168th, Smith of the 113th, Stephens of the 161st, Teilhet of the 40th, Walker of the 107th, Weldon of the 3rd, Willard of the 49th, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Reverend Monsignor Joseph Corbett, Vicar General, Archdiocese of Atlanta.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 720. By Representative Smith of the 129th:
A BILL to be entitled an Act to authorize the City of West Point 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.

THURSDAY, MARCH 12, 2009

2509

HB 721. By Representative Keown of the 173rd:
A BILL to be entitled an Act to provide a new charter for the Town of Ochlocknee; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town 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 an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 722. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Sinkfield of the 60th:
A BILL to be entitled an Act to authorize the governing authority of Clayton County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 723. By Representatives Anderson of the 117th, Harbin of the 118th and Sims of the 119th:
A BILL to be entitled an Act to amend an Act to create a board of elections for Columbia County and provide for its powers and duties, approved March 23, 1993 (Ga. L. 1993, p. 4180), as amended, so as to revise certain term limitations on members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 724. By Representatives Austin of the 10th and Harden of the 28th:
A BILL to be entitled an Act to reincorporate and provide a new charter for the Town of Alto, Georgia; to provide for the corporate limits of the town, the powers of the town, and the form and method of government of the town; to provide for a town manager; to provide for the administration of town affairs; to provide for the municipal court of the town; to provide for elections for town offices; to provide for taxation by the town; to provide for

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financial management of the town; to provide for the financial and fiscal affairs of the town; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for related matters; to provide for specific repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 725. By Representatives Parrish of the 156th, Jackson of the 142nd and Porter of the 143rd:
A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved March 1, 2004 (Ga. L. 2004, p. 3512), so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; 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 - Local.
HB 726. By Representatives Parrish of the 156th, Jackson of the 142nd and Porter of the 143rd:
A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), so as to again reapportion or redistrict such districts; 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 - Local.
HB 727. By Representative Fludd of the 66th:
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 provide for the administration or collection of the retail sales and use tax for MARTA purposes by the governing authority of each local government levying such tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Transportation.

THURSDAY, MARCH 12, 2009

2511

HB 728. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act to create and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. 3223), so as to change the reimbursement of members of the authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 729. By Representatives Sheldon of the 105th, Lindsey of the 54th, Keen of the 179th, Cox of the 102nd, Hatfield of the 177th and others:
A BILL to be entitled an Act to amend Code Section 15-11-66 of the Official Code of Georgia Annotated, relating to the disposition of a delinquent child, so as to provide for a protective order for victims of certain acts of delinquency; to amend Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to certain procedures and cost regarding the commitment of delinquent or unruly children and the discharge of such children, so as to provide for certain notifications to the victims of certain delinquent acts and designated felony acts; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 730. By Representatives Davis of the 109th, Mayo of the 91st, Mosby of the 90th, Lunsford of the 110th and Baker of the 78th:
A BILL to be entitled an Act to amend an Act amending an Act providing a new board of commissioners of Henry County, approved March 19, 1987 (Ga. L. 1987, p. 4464), so as to repeal a certain provision requiring board members to resign if standing for election to other public office; to provide that such provision should not be a part of an Act approved March 28, 1974 (Ga. L. 1974, p. 3680), to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 731. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of Charlton County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights

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Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 732. 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 citizens of the Ware County School District shall have the right to address or speak to the board of education on official actions or other topics relating to the business of the board of education at meetings of the board of education by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 733. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to provide that future elections for the office of judge of the probate court of Charlton 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 Governmental Affairs.
HB 734. 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 citizens of the City of Waycross shall have the right to address or speak to the city commissioners on official actions or other topics relating to the business of the city commission at meetings of the city commission by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the city commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

THURSDAY, MARCH 12, 2009

2513

HB 735. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, so as to provide that citizens of Ware County shall have the right to address or speak to the commissioners on official actions or other topics relating to the business of the board of commissioners at meetings of the board of commissioners by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 606. By Representatives Smith of the 129th, Hamilton of the 23rd, Loudermilk of the 14th and Sheldon of the 105th:
A RESOLUTION expressing the sense of the General Assembly that the Georgia Department of Transportation should develop a strategic plan for building a maglev train connecting Hartsfield-Jackson Airport in Atlanta, along Interstate 75, with the Chattanooga Municipal Airport (Lovell Field), to be known as the "The Plane Train"; and for other purposes.
Referred to the Committee on Transportation.
HR 607. By Representatives Burns of the 157th and Lane of the 158th:
A RESOLUTION remembering Glenn Brown and dedicating a bridge in his memory; and for other purposes.
Referred to the Committee on Transportation.
HR 622. By Representatives Cole of the 125th, Pruett of the 144th, Smith of the 113th, Burns of the 157th and Buckner of the 130th:
A RESOLUTION requesting that the Congress of the United States take legislative action to change the current definition of renewable biomass and prevent the passage of any legislation that would control forest management practices on private forest lands; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.

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HR 624. By Representative O`Neal of the 146th:

A RESOLUTION creating the House Constitutional Officer Fees Study Committee; and for other purposes.

Referred to the Committee on Ways & Means.

The Speaker Pro Tem assumed the Chair.

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

HB 708 HB 709 HB 710 HB 711 HB 712 HB 713 HB 714 HB 715 HB 718 HB 719 HR 581 HR 582 HR 583 SB 75 SB 112
The Speaker assumed the Chair.

SB 114 SB 122 SB 155 SB 168 SB 176 SB 177 SB 191 SB 193 SB 196 SB 213 SR 12 SR 109 SR 153 SR 333

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

Mr. Speaker:

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

HB 62 Do Pass, by Substitute

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

THURSDAY, MARCH 12, 2009

2515

Representative Houston of the 170th 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 1

Do Pass

Respectfully submitted, /s/ Houston of the 170th
Chairman

Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 225 Do Pass, by Substitute HB 413 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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 89 HB 675 HR 282

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

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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 633 HB 685 HB 690

Do Pass Do Pass Do Pass

HB 695 HB 696 HB 705

Do Pass Do Pass Do Pass

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

Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 206 HB 339 HB 667

Do Pass, by Substitute Do Pass, by Substitute 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 588 Do Pass

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Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

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

HB 527 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 129th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 12, 2009

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:

Day 30 Debate Special Rule

Pursuant to House Rules 33.3 and 81, after the first speaker has yielded the well, debate on each bill shall be limited to one hour.

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

HB 16
HB 126 HB 158

Electronic tracking device; location of person without consent; prohibit (Substitute)(JudyNC-Levitas-82nd) Uniform Electronic Transactions Act; enact (B&B-Lindsey-54th) Public water systems; water usage among tenants; revise provisions (Substitute)(NR&E-Manning-32nd)

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HB 173 HB 289 HB 321 HB 367 HB 397 HB 440 HB 451 HB 453 HB 457
HB 475 HB 492 HB 495 HB 568 HB 575 HB 607 HB 608 HB 662 HR 22

Illegal or void contracts; partial restraint of trade; repeal (Substitute)(JudyLevitas-82nd) Courts; Georgia Courts Automation Commission; repeal (Substitute)(JudyChambers-81st) Insurance Delivery Enhancement Act of 2009; enact (Substitute)(InsDavis-109th) State parks and recreational areas; boat shelters on High Falls Lake; provide for permits (Substitute)(GF&P-Knight-126th) Brakes; surge brakes; update certain provisions (Substitute)(MotV-Burns157th) Public utility and transportation; state government endorsed rideshare programs; provisions (MotV-Anderson-117th) Commercial code; Uniform Commercial Code; conforming amendments; adopt (Substitute)(Judy-Jacobs-80th) Superior courts; sunset dates for property filing fees; change (JudyAnderson-117th) Disabled adults and elder persons; revise definition; acts in long-term care facilities unlawful; provide (Substitute)(H&HS-Peake-137th) (Rules Committee Substitute) Georgia Registered Professional Nurse Practice Act; nontraditional education programs; revise certain provisions (H&HS-Cooper-41st) Time-share projects and programs; private residence clubs; provide definitions (ED&T-Neal-1st) Probate courts; associate probate court judges; provisions (Substitute)(Judy-Lane-167th) Public Service Commission; members shall represent entire state; provisions (Substitute)(GAff-Parsons-42nd) Kidnapping; change certain provisions (Substitute)(JudyNC-Golick-34th) Public Safety, Department of; Board of Public Safety; change certain provisions (PS&HS-Talton-145th) Time-share projects; estate shall include certain interests; provisions (JudyWeldon-3rd) Public Safety, Department of; Capitol Police Division; create (Substitute)(PS&HS-Chambers-81st) Public office; elections; vote by secret ballot; provisions - CA (Substitute)(IndR-Lunsford-110th)

Modified Structured Rule

HB 23 HB 44

Motor vehicles; cell phones; text messaging; prohibit use (Substitute)(MotV-Ramsey-72nd) Budget Act; application of zero-based budgeting; provisions (Substitute)(App-Graves-12th)

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HB 243 HB 248 HB 323 HB 417 HB 455 HB 529 HB 540 HB 614 HR 338

Elementary and secondary education; salary increase; repeal (Substitute)(Ed-Pruett-144th) Georgia Voluntary Remediation Program Act; enact (Substitute)(NR&EBarnard-166th) Death penalty cases; Supreme Court; pretrial proceedings; extend review period (JudyNC-Ralston-7th) Insurance; dispute; material not in English; provisions (Ins-Neal-1st) Elementary and secondary education; annual contracts for certified personnel; extend certain deadlines (Ed-Neal-1st) Agriculture; certain local ordinances; preempt (A&CA-McCall-30th) (Rules Committee Substitute) Elections; remove references to ballot cards; provisions (Substitute)(GAffScott-153rd) Georgia Prescription Monitoring Program Act; enact (Substitute)(H&HSCooper-41st) (Rules Committee Substitute) General Assembly; development of Georgia's energy resources; express support (Substitute)(NR&E-Smith-70th)

Structured Rule

HB 193 HB 261 HB 334 HB 335 HB 349 HB 355 HB 358 HB 364 HB 388 HB 410 HB 439 HB 444

Elementary and secondary education; 180 day school year; provisions (EdGraves-12th) Income tax credit; purchase of one eligible single-family residence; provide (Substitute)(W&M-Stephens-164th) Revenue and taxation; forms of payment; change certain provisions (Substitute)(W&M-Knight-126th) Revenue and taxation; comprehensive revision of provisions; provide (Substitute)(W&M-Knight-126th) Sales and use tax exemption; new construction of civil rights museum; provide (Substitute)(W&M-Burkhalter-50th) Tobacco products; excise tax; change certain provisions (W&M-Williams4th) Sales and use tax; food for hunger and disaster relief; extend exemptions (W&M-Martin-47th) Sales and use tax; airplane flight simulation training device; provide exemption (W&M-Stephens-164th) The Option of Adoption Act; enact (Substitute)(Judy-Mills-25th) Insurance; premium taxes for certain products; provide exemption; provisions (Substitute)(W&M-Knox-24th) Income tax; credits; business enterprises; provide (Substitute)(W&MO`Neal-146th) Revenue and taxation; certain tax return preparers; civil penalties and injunctive relief; provide (Substitute)(W&M-O`Neal-146th)

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HB 480 HB 481 HB 482 HB 509 HB 581 HR 336

Taxation of motor vehicles; comprehensive revision; provisions (Substitute)(W&M-Geisinger-48th) (Rules Committee Substitute) Jobs, Opportunity, and Business Success Act of 2009; enact (Substitute)(W&M-Graves-12th) Ad valorem tax exemption; property constituting the inventory of a business; provide (W&M-Graves-12th) Professions and businesses; regulation; change provisions (Substitute)(H&HS-Cooper-41st) Georgia Works Job Creation and Protection Act of 2009; enact (Substitute)(IndR-Coan-101st) CPL Jonathan Ryan Ayers Memorial Interchange; dedicate (Substitute)(Trans-Everson-106th) (Rules Committee Substitute)

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 633. By Representatives Martin of the 47th and Jones of the 46th:

A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L.1999, p. 4836), as amended, so as to increase the exemption amount from $30,000.00 to $40,000.00 over a two-year phase-in period; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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

HB 685. By Representatives Epps of the 128th and James of the 135th:

A BILL to be entitled an Act to create the Manchester Public Utilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges and earnings of the authority, contract payments to the authority and from other moneys

THURSDAY, MARCH 12, 2009

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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 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 690. By Representative Nix of the 69th:
A BILL to be entitled an Act to amend an Act to incorporate the Town of Roopville in the County of Carroll, approved October 7, 1885 (Ga. L. 18845, p. 391), as amended, so as to repeal certain provisions relating to the sale of liquors within the corporate limits of said town; 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 695. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act to create the Catoosa County Public Works Authority, approved April 10, 1998 (Ga. L. 1998, p. 4302), as amended, particularly by an Act approved May 1, 2000 (Ga. L. 2000, p. 4585), so as to change the composition of the authority; to change the manner of compensating such authority; to provide for terms of office, filling of vacancies, and removal from office; to provide that meetings of the authority shall be called by the Board of Commissioners of Catoosa County; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 696. By Representative Hill of the 180th:
A BILL to be entitled an Act to amend an Act creating the St. Marys Convention and Visitors Bureau Authority, approved June 3, 2003 (Ga. L. 2003, 4464), so as to provide for two additional members to the authority; to provide for the removal of such members; to provide for the method of selection for such members; to provide for terms for the members of the authority; to provide for staggered terms for initial members; to provide for

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an increase of the members required for a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

HB 705. By Representatives Fludd of the 66th, Heckstall of the 62nd and Long of the 61st:

A BILL to be entitled an Act to authorize the governing authority of the City of College Park to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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

E Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H
Davis, S Dawkins-Haigler Y Day E Dempsey Y Dickson Y Dobbs Dollar Y Dooley E Drenner Dukes Y Ehrhart Y England Epps, C Y Epps, J Y Everson Floyd Y Fludd Franklin Y Frazier Y Fullerton Y Gardner Geisinger Y Glanton E Golick

Heckstall Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T E Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B

Y Manning E Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows
Millar Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C
Sinkfield Smith, B Y Smith, L Y Smith, R Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker

THURSDAY, MARCH 12, 2009

2523

Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B
Maddox, G Y Mangham

Y Powell, J Pruett
Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 140, nays 0.

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

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

Representative Jones of the 46th was excused 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 25. By Senators Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Butler of the 55th, Orrock of the 36th and others:

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 authorize taxpayers to make certain contributions through the income tax payment and refund process to programs for the education regarding and alleviation of multiple sclerosis; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.

SB 44. By Senators Tolleson of the 20th, Mullis of the 53rd, Rogers of the 21st, Hooks of the 14th, Harp of the 29th and others:

A BILL to be entitled an Act to amend Titles 20 and 50 of the Official Code of Georgia Annotated, relating to education and state government, respectively, so as to provide purchasing preferences for Georgia products and sellers; to repeal conflicting laws; and for other purposes.

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SB 57. By Senators Hamrick of the 30th, Harbison of the 15th, Hudgens of the 47th, Tarver of the 22nd, Orrock of the 36th and others:
A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to mortgages, foreclosures, and evictions; to amend Chapter 6A of Title 7, relating to the "Georgia Fair Lending Act,"; to amend Code Section 15-6-77 of the, relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to amend Code Section 44-7-55, relating to the writ of possession, so as to provide that a tenant with a valid lease can stay in a foreclosed property for 60 days; to amend Article 7 of Chapter 14 of Title 44, relating to foreclosure on mortgages, so as to provide for examples of when an instrument of conveyance will be an equitable mortgage; to repeal conflicting laws; and for other purposes.
SB 64. By Senators Reed of the 35th, Butler of the 55th, Tate of the 38th, Unterman of the 45th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide that certain incarcerated persons shall be tested for HIV prior to discharge; to provide for notice; to provide for counseling; to repeal conflicting laws; and for other purposes.
SB 67. By Senators Murphy of the 27th, Rogers of the 21st, Pearson of the 51st, Mullis of the 53rd, Heath of the 31st and others:
A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for certain drivers' licenses, so as to provide that such examinations shall be administered only in the English language; to provide for an exception; to repeal conflicting laws; and for other purposes.
SB 82. By Senators Unterman of the 45th, Chance of the 16th and Staton of the 18th:
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 change provisions relating to transaction records; to provide for transmission of transaction records to the applicable sheriff's department; to regulate payments to persons selling copper items to secondary metals recyclers; to provide for supervision of secondary metals recyclers by counties, municipal corporations, or consolidated governments; to change

THURSDAY, MARCH 12, 2009

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provisions relating to the superseding nature of the article; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 99. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions, so as to prohibit operation of certain vessels on Lake Sinclair; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 108. By Senators Cowsert of the 46th, Pearson of the 51st, Hudgens of the 47th, Heath of the 31st, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act," so as to provide for the recovery of attorney's fees and costs involving a motion to dismiss under certain circumstances; to provide for definitions; to provide for exceptions; to provide for notice; to provide for a stay of discovery; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SB 149. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Moody of the 56th, Chance of the 16th and others:
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 revise the "Uniform Athlete Agents Act"; to provide for the regulation of athlete agents; to terminate the Georgia Athlete Agent Regulatory Commission; to provide for general powers and duties of the Secretary of State relating to the regulation of athlete agents; to require a certificate of registration to act as an athlete agent in this state; to provide requirements for agency contracts; to provide for cancellation of agency contracts by student athletes; to provide for civil penalties and civil causes of action; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 153. By Senators Henson of the 41st and Ramsey, Sr. of the 43rd:
A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to provide for use of more than one parking place by persons with disabilities when all parking places for persons with

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disabilities are full; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 158. By Senators Hill of the 32nd, Rogers of the 21st, Johnson of the 1st and Chance of the 16th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal bills generally, so as to provide exceptions to the requirements for fiscal notes regarding legislation; to provide for the contents of fiscal notes; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 170. By Senators Adelman of the 42nd, Shafer of the 48th, Johnson of the 1st, Rogers of the 21st, Reed of the 35th 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 for state purchasing, so as to provide legislative findings; to provide definitions; to prohibit certain companies that have certain business operations in Sudan to bid on or submit a proposal for a state contract; to provide for exceptions; to provide for certain certifications; to provide penalties for false certifications; to provide for periodic reviews; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 180. By Senators Cowsert of the 46th, Murphy of the 27th, Goggans of the 7th, Fort of the 39th and Chapman of the 3rd:
A BILL to be entitled an Act to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to the issuance of limited driving permits for certain offenders, so as to allow the issuance of a limited driving permit to a person convicted of driving under the influence subject to certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 184. By Senator Weber of the 40th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of creditor and surety, so as to provide for certain requirements regarding service of a notice of commencement to a contractor; to amend Part 4 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to payment bonds, so as to provide for certain requirements regarding service to a

THURSDAY, MARCH 12, 2009

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contractor; to amend Part 4 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to payment bonds, so as to provide for certain requirements regarding service to a contractor; to provide for a procedure for the application of certain forms; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 188. By Senators Unterman of the 45th, Moody of the 56th and Balfour of the 9th:
A BILL to be entitled an Act to amend Titles 16 and 36 of the Official Code of Georgia Annotated, relating to crimes and offenses and to local government, respectively, so as to provide for the protection and training of code officials; to provide for the offense of obstructing or hindering code officials whose duty it is to assure code compliance; to provide for definitions; to provide for criminal penalties; to provide for the training of code officials through the creation of the Georgia Code Enforcement Training Board; to amend various Code sections of Title 36 for purposes of conformity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 199. By Senators Wiles of the 37th, Harp of the 29th and Cowsert of the 46th:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to suspend for one year the otherwise required annual training for magistrates and probate judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 201. By Senators Balfour of the 9th, Buckner of the 44th, Williams of the 19th, Golden of the 8th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for voluntary contributions through individual income tax returns and other mechanisms for cancer research; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 210. By Senators Johnson of the 1st, Hudgens of the 47th, Cowsert of the 46th, Goggans of the 7th, Weber of the 40th and others:
A BILL to be entitled an Act to amend Code Section 20-2-306 of the Official Code of Georgia Annotated, relating to the honors program and residential high school program, so as to include home schooled students among those

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students eligible to participate in the student honors program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 223. By Senators Unterman of the 45th, Williams of the 19th, Rogers of the 21st and Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general health provisions, so as to create the Women's Reproductive Health Legislative Oversight Committee; to provide for its membership, terms, and meetings; to provide for its duties; to provide for cooperation with other agencies; to provide for an annual report; to provide for an audit; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 226. By Senators Crosby of the 13th, Pearson of the 51st, Mullis of the 53rd, Johnson of the 1st, Harp of the 29th and others:
A BILL to be entitled an Act to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to provide for the prohibition against the advertising and conducting of certain live musical performances and productions; to provide for a short title; to provide for definitions; to provide for certain civil remedies; to provide for certain penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 233. By Senators Stoner of the 6th, Mullis of the 53rd, Thompson of the 33rd, Douglas of the 17th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to require the board to administer or approve examinations which conform to the respective scopes of practice for purposes of certifying emergency medical technicians, paramedics, and cardiac technicians; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 238. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia;

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to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 239. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Butler of the 55th, Jones of the 10th, Buckner of the 44th and others:
A BILL to be entitled an Act to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, so as to revise certain provisions relating to mandatory attendance; to require new residents in a local school system to enroll a child within 30 days; to provide for reporting violations of mandatory attendance requirements; to provide that a local school system official who fails to make certain reports is guilty of a misdemeanor; to provide that a person who fails to enroll a child is guilty of a misdemeanor; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 257. By Senators Thomas of the 54th, Orrock of the 36th, Johnson of the 1st, Unterman of the 45th, Weber of the 40th and others:
A RESOLUTION creating the Alzheimer's Disease and Other Dementias Task Force; and for other purposes.
SR 277. By Senators Goggans of the 7th, Staton of the 18th, Unterman of the 45th, Thomas of the 54th, Adelman of the 42nd and others:
A RESOLUTION proposing an amendment to the Constitution 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 authorize the General Assembly to adjust the amount of such charge and to provide for the collection of such charge; to provide that such funds shall not be subject to lapse; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
SR 453. By Senator Johnson of the 1st:
A RESOLUTION creating the Georgia Tax Reform Commission of 2009; providing for access by the commission and its staff to certain otherwise confidential Department of Revenue information; and for other purposes.

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

SB 25.

By Senators Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Butler of the 55th, Orrock of the 36th and others:

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 authorize taxpayers to make certain contributions through the income tax payment and refund process to programs for the education regarding and alleviation of multiple sclerosis; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 44.

By Senators Tolleson of the 20th, Mullis of the 53rd, Rogers of the 21st, Hooks of the 14th, Harp of the 29th and others:

A BILL to be entitled an Act to amend Titles 20 and 50 of the Official Code of Georgia Annotated, relating to education and state government, respectively, so as to provide purchasing preferences for Georgia products and sellers; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Economic Development & Tourism.

SB 57.

By Senators Hamrick of the 30th, Harbison of the 15th, Hudgens of the 47th, Tarver of the 22nd, Orrock of the 36th and others:

A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to mortgages, foreclosures, and evictions; to amend Chapter 6A of Title 7, relating to the "Georgia Fair Lending Act,"; to amend Code Section 15-6-77 of the, relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to amend Code Section 44-7-55, relating to the writ of possession, so as to provide that a tenant with a valid lease can stay in a foreclosed property for 60 days; to amend Article 7 of Chapter 14 of Title 44, relating to foreclosure on mortgages, so as to provide for examples of when an instrument of conveyance will be an equitable mortgage; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

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SB 64.

By Senators Reed of the 35th, Butler of the 55th, Tate of the 38th, Unterman of the 45th, Sims of the 12th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide that certain incarcerated persons shall be tested for HIV prior to discharge; to provide for notice; to provide for counseling; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State Institutions & Property.

SB 67.

By Senators Murphy of the 27th, Rogers of the 21st, Pearson of the 51st, Mullis of the 53rd, Heath of the 31st and others:

A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for certain drivers' licenses, so as to provide that such examinations shall be administered only in the English language; to provide for an exception; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Transportation.

SB 82.

By Senators Unterman of the 45th, Chance of the 16th and Staton of the 18th:

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 change provisions relating to transaction records; to provide for transmission of transaction records to the applicable sheriff's department; to regulate payments to persons selling copper items to secondary metals recyclers; to provide for supervision of secondary metals recyclers by counties, municipal corporations, or consolidated governments; to change provisions relating to the superseding nature of the article; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 99. By Senator Grant of the 25th:

A BILL to be entitled an Act to amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, restrictions on use of motors and operation of houseboats on certain lakes, and exceptions,

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so as to prohibit operation of certain vessels on Lake Sinclair; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Game, Fish & Parks.
SB 108. By Senators Cowsert of the 46th, Pearson of the 51st, Hudgens of the 47th, Heath of the 31st, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions under the "Georgia Civil Practice Act," so as to provide for the recovery of attorney's fees and costs involving a motion to dismiss under certain circumstances; to provide for definitions; to provide for exceptions; to provide for notice; to provide for a stay of discovery; 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 149. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Moody of the 56th, Chance of the 16th and others:
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 revise the "Uniform Athlete Agents Act"; to provide for the regulation of athlete agents; to terminate the Georgia Athlete Agent Regulatory Commission; to provide for general powers and duties of the Secretary of State relating to the regulation of athlete agents; to require a certificate of registration to act as an athlete agent in this state; to provide requirements for agency contracts; to provide for cancellation of agency contracts by student athletes; to provide for civil penalties and civil causes of action; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 153. By Senators Henson of the 41st and Ramsey, Sr. of the 43rd:
A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to provide for use of more than one parking place by persons with disabilities when all parking places for persons with disabilities are full; 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.

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SB 158. By Senators Hill of the 32nd, Rogers of the 21st, Johnson of the 1st and Chance of the 16th:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal bills generally, so as to provide exceptions to the requirements for fiscal notes regarding legislation; to provide for the contents of fiscal notes; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
SB 170. By Senators Adelman of the 42nd, Shafer of the 48th, Johnson of the 1st, Rogers of the 21st, Reed of the 35th 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 for state purchasing, so as to provide legislative findings; to provide definitions; to prohibit certain companies that have certain business operations in Sudan to bid on or submit a proposal for a state contract; to provide for exceptions; to provide for certain certifications; to provide penalties for false certifications; to provide for periodic reviews; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
SB 180. By Senators Cowsert of the 46th, Murphy of the 27th, Goggans of the 7th, Fort of the 39th and Chapman of the 3rd:
A BILL to be entitled an Act to amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to the issuance of limited driving permits for certain offenders, so as to allow the issuance of a limited driving permit to a person convicted of driving under the influence subject to certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 184. By Senator Weber of the 40th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 10 of the Official Code of Georgia Annotated, relating to relative rights of creditor and surety, so as to provide for certain requirements regarding service of a

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notice of commencement to a contractor; to amend Part 4 of Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to payment bonds, so as to provide for certain requirements regarding service to a contractor; to amend Part 4 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to payment bonds, so as to provide for certain requirements regarding service to a contractor; to provide for a procedure for the application of certain forms; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 188. By Senators Unterman of the 45th, Moody of the 56th and Balfour of the 9th:
A BILL to be entitled an Act to amend Titles 16 and 36 of the Official Code of Georgia Annotated, relating to crimes and offenses and to local government, respectively, so as to provide for the protection and training of code officials; to provide for the offense of obstructing or hindering code officials whose duty it is to assure code compliance; to provide for definitions; to provide for criminal penalties; to provide for the training of code officials through the creation of the Georgia Code Enforcement Training Board; to amend various Code sections of Title 36 for purposes of conformity; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 199. By Senators Wiles of the 37th, Harp of the 29th and Cowsert of the 46th:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to suspend for one year the otherwise required annual training for magistrates and probate judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 201. By Senators Balfour of the 9th, Buckner of the 44th, Williams of the 19th, Golden of the 8th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for voluntary contributions through individual income tax returns and other mechanisms

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2535

for cancer research; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 210. By Senators Johnson of the 1st, Hudgens of the 47th, Cowsert of the 46th, Goggans of the 7th, Weber of the 40th and others:
A BILL to be entitled an Act to amend Code Section 20-2-306 of the Official Code of Georgia Annotated, relating to the honors program and residential high school program, so as to include home schooled students among those students eligible to participate in the student honors program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SB 223. By Senators Unterman of the 45th, Williams of the 19th, Rogers of the 21st and Goggans of the 7th:
A BILL to be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general health provisions, so as to create the Women's Reproductive Health Legislative Oversight Committee; to provide for its membership, terms, and meetings; to provide for its duties; to provide for cooperation with other agencies; to provide for an annual report; to provide for an audit; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 226. By Senators Crosby of the 13th, Pearson of the 51st, Mullis of the 53rd, Johnson of the 1st, Harp of the 29th and others:
A BILL to be entitled an Act to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to provide for the prohibition against the advertising and conducting of certain live musical performances and productions; to provide for a short title; to provide for definitions; to provide for certain civil remedies; to provide for certain penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.

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SB 233. By Senators Stoner of the 6th, Mullis of the 53rd, Thompson of the 33rd, Douglas of the 17th, Golden of the 8th and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to require the board to administer or approve examinations which conform to the respective scopes of practice for purposes of certifying emergency medical technicians, paramedics, and cardiac technicians; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 238. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SB 239. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Butler of the 55th, Jones of the 10th, Buckner of the 44th and others:
A BILL to be entitled an Act to amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance in elementary and secondary education, so as to revise certain provisions relating to mandatory attendance; to require new residents in a local school system to enroll a child within 30 days; to provide for reporting violations of mandatory attendance requirements; to provide that a local school system official who fails to make certain reports is guilty of a misdemeanor; to provide that a person who fails to enroll a child is guilty of a misdemeanor; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
SR 257. By Senators Thomas of the 54th, Orrock of the 36th, Johnson of the 1st, Unterman of the 45th, Weber of the 40th and others:

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2537

A RESOLUTION creating the Alzheimer's Disease and Other Dementias Task Force; and for other purposes.
Referred to the Committee on Health & Human Services.
SR 277. By Senators Goggans of the 7th, Staton of the 18th, Unterman of the 45th, Thomas of the 54th, Adelman of the 42nd and others:
A RESOLUTION proposing an amendment to the Constitution 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 authorize the General Assembly to adjust the amount of such charge and to provide for the collection of such charge; to provide that such funds shall not be subject to lapse; 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.
SR 453. By Senator Johnson of the 1st:
A RESOLUTION creating the Georgia Tax Reform Commission of 2009; providing for access by the commission and its staff to certain otherwise confidential Department of Revenue information; and for other purposes.
Referred to the Committee on Ways & Means.
Representative Roberts of the 154th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
HB 516. By Representatives Roberts of the 154th, England of the 108th, Burns of the 157th, Willard of the 49th, Sims of the 119th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized buildings shall be deemed to comply with local ordinances and resolutions without regard to whether the building was constructed on site or in a factory; to provide for the automatic approval for building or occupancy permits for residential industrialized buildings in residential subdivisions that meet all other criteria except for being an industrialized building or being built off site; to provide for certain immunities; to prohibit conflicting

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regulations by local jurisdictions; 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:

E Abdul-Salaam Y Abrams Y Allison N Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A N Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar N Dooley E Drenner
Dukes Y Ehrhart Y England
Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene N Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A N Holt Y Horne Y Houston Y Howard
Hudson Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 143, nays 10.

Y Manning E Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier N Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sinkfield Smith, B Y Smith, L Y Smith, R Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

The motion prevailed.

Representative Lunsford of the 110th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 523. By Representatives Lunsford of the 110th, Cooper of the 41st, Harbin of the 118th, Randall of the 138th, Jerguson of the 22nd and others:

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2539

A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to provide that a brand necessary indication applies to refills; 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.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard N Battles N Bearden E Beasley-Teague N Benfield N Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A N Carter, B E Casas Y Chambers N Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T
Cooper Y Cox

Y Crawford N Davis, H
Davis, S Dawkins-Haigler N Day Y Dempsey N Dickson N Dobbs Dollar N Dooley E Drenner Dukes Y Ehrhart Y England Epps, C Y Epps, J N Everson Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton E Golick Y Gordon Y Graves N Greene Y Hamilton N Hanner E Harbin N Harden, B Y Harden, M N Hatfield N Heard

E Heckstall Y Hembree E Henson Y Hill, C N Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs N James Y Jerguson E Johnson, C N Johnson, T Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen N Keown N Knight N Knox N Lane, B N Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 98, nays 52.

N Manning E Marin Y Martin Y Maxwell
May Y Mayo Y McCall N McKillip N Meadows Y Millar Y Mills N Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal N Nix N Oliver Y O'Neal N Parham N Parrish Y Parsons Y Peake Y Porter
Powell, A N Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier N Setzler
Shaw Y Sheldon N Shipp Y Sims, B N Sims, C
Sinkfield Smith, B Y Smith, L Y Smith, R Smith, T Y Smith, V Y Smyre Y Stephens, M N Stephens, R N Stephenson Y Talton Y Taylor N Teilhet E Thomas N Thompson Y Walker Y Weldon Y Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates Richardson, Speaker

The motion prevailed.

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The following members were recognized during the period of Morning Orders and addressed the House:
Sims of the 169th, Dobbs of the 53rd, and Burkhalter of the 50th.
By unanimous consent, the following Bill of the House was withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
HB 475. By Representatives Cooper of the 41st, Harbin of the 118th, Lindsey of the 54th, Houston of the 170th, Wilkinson of the 52nd 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 revise certain provisions relating to requirements for registered professional nurses in nontraditional nursing education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 588. By Representative Burkhalter of the 50th:
A RESOLUTION recognizing March 12, 2009, as Catholic Day at the state capitol and inviting Archbishop of Atlanta Wilton D. Gregory 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 495. By Representatives Lane of the 167th, Maxwell of the 17th and Weldon of the 3rd:
A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the appointment, compensation, term, authority, qualifications, training, and limitations of associate probate court judges; to provide for the filling of vacancies in the office of judge of the probate court; to provide for the qualifications of certain judges of the probate court; to provide for the jurisdiction of judges of the probate court; to update language regarding conservators and guardians; to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relations between principal and agent, so as to update language regarding conservators and

THURSDAY, MARCH 12, 2009

2541

guardians; 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 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the filling of vacancies in the office of judge of the probate court; to provide for the qualifications of certain judges of the probate court; to provide for the jurisdiction of judges of the probate court; to update language regarding conservators and guardians; 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 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by revising subsection (c) of Code Section 15-9-4, relating to additional eligibility requirements in certain counties, as follows:
"(c) A judge of the probate court holding such office on or after June 30, 2000, shall continue to hold such office and shall be allowed to seek reelection for such office. Notwithstanding the requirement that in certain counties the judge of the probate court be admitted to practice law for seven years preceding election, no decision, judgment, ruling or other official action of any judge of the probate court shall be overturned, denied, or overruled based solely on this requirement for qualification, election, and holding the office of judge of the probate court."
SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 15-9-11, relating to calling of special election to fill vacancy, as follows:
"(a) When a vacancy occurs in the office of judge of the probate court in any county, it shall be the duty of the person who assumes the duties of the judge, as provided in Code Section 15-9-10, within ten days after the vacancy occurs, to order a special election for the purpose of filling the vacancy. He or she shall give notice of the special election by publication in the newspaper in which the citations of the judge of the probate court are published. The special election shall be held in accordance with Chapter 2 of Title 21. Notwithstanding the provisions of this subsection, if the vacancy occurs after January 1 in the last year of the term of office of the judge of probate court, the person assuming the duties of the judge of the probate court shall be commissioned for and shall serve the remainder of the unexpired term of office."

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SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 15-9-30, relating to subject matter jurisdiction, as follows:
"(a) Probate courts have authority, unless otherwise provided by law, to exercise original, exclusive, and general jurisdiction of the following subject matters:
(1) The probate of wills; (2) The granting of letters testamentary and of administration and the repeal or revocation of the same; (3) All controversies in relation to the right of executorship or administration; (4) The sale and disposition of the property belonging to, and the distribution of, deceased persons' estates; (5) The appointment and removal of guardians of minors, conservators of minors, guardians of incapacitated adults, and conservators of incapacitated adults and persons who are incompetent because of mental illness or mental retardation; (6) All controversies as to the right of guardianship and conservatorship, except that the probate court shall not be an appropriate court to take action under Code Section 19-7-4; (7) The auditing and passing of returns of all executors, administrators, guardians of property, conservators, and guardians; (8) The discharge of former sureties and the requiring of new sureties from administrators, guardians of property, conservators, and guardians; (9) All matters as may be conferred on them by Chapter 3 of Title 37; (10) All other matters and things as appertain or relate to estates of deceased persons and to persons who are incompetent because of mental illness or mental retardation; and (11) All matters as may be conferred on them by the Constitution and laws."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson
Dobbs Y Dollar

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard

Y Manning E Marin Y Martin Y Maxwell
May Y Mayo
McCall Y McKillip Y Meadows

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B

THURSDAY, MARCH 12, 2009

2543

Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
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, D Y Collins, T
Cooper Y Cox

Y Dooley E Drenner
Dukes Y Ehrhart Y England
Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

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

Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon 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.

Representatives Hudson of the 124th and Shaw of the 176th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 193. By Representatives Graves of the 12th, Casas of the 103rd, Maxwell of the 17th, May of the 111th, Benton of the 31st and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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 N Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner
Dukes Y Ehrhart Y England
Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning E Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 155, nays 1.

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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.

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HB 581. By Representatives Coan of the 101st, May of the 111th, Horne of the 71st, Marin of the 96th, Reese of the 98th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to establish a credit to employers for hiring unemployment claimants; to provide for the Georgia Works program to assist recipients of unemployment compensation in obtaining new job skill training; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; 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 34 of the Official Code of Georgia Annotated, relating to employment security, so as to protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to extend suspension of adjustments based upon the State-wide Reserve Ratio; to provide for a reduced adjustment in contribution rates through a certain time period; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; to change a definition; to provide for additional weeks of benefits for persons in certain types of job training for high-demand occupations; to provide for restrictions on disclosure of confidential information; to change certain provisions relating to the base period; to change certain provisions relating to eligibility requirements for extended benefits; to provide for applicability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia Works Job Creation and Protection Act of 2009."

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SECTION 2. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by revising Code Section 34-8-150, relating to payment of contributions by employers, to read as follows:
"34-8-150. (a) Contributions shall accrue from each employer for each calendar year in which the employer is subject to this chapter with respect to wages payable for employment, except as provided in Code Sections 34-8-158 through 34-8-162. Except as otherwise provided in this Code section, such Such contributions shall become due and be paid before the last day of the month next following the end of the calendar quarter to which they apply, in accordance with such regulations as the Commissioner may prescribe; provided, however, that with respect to employers as defined in paragraph (2) of subsection (a) of Code Section 34-8-33, the Commissioner shall provide by regulation that such contributions shall become due and be paid on an annual basis not later than such date as shall be prescribed by resolution of the Commissioner. Such contributions shall become delinquent if not paid when due and shall not be deducted, in whole or in part, from the wages of individuals in such employer's employ.
(b)(1) For calendar quarters beginning on or after July 1, 2009, when the combined amount of contributions under this Code section and assessments under Code Section 34-8-180 or 34-8-181 due from an employer for any calendar quarter does not exceed $5.00, such amount may be regarded as a de minimis amount with respect to that calendar quarter. (2) Payment of such de minimis amount for such calendar quarter, otherwise due before the last day of the month next following the end of the calendar quarter, may be deferred, at the option of the employer, until the January 31 reporting date next following, if the employer:
(A) Files all quarterly wage and tax reports, including a report of such de minimis amount due; (B) Timely pays all other amounts due; and (C) Makes full payment of any deferred de minimis amount by the January 31 report date next following. (3) In the event that an employer fails to comply with paragraph (2) of this subsection, any such deferred de minimis amount shall become delinquent as of the date originally due under this Code section and Code Section 34-8-165, 34-8-180, or 34-8-181, as applicable, and the employer shall be subject to all the provisions thereof. (b)(c) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent."

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SECTION 3. Said chapter is further amended by revising subparagraph (d)(4)(B) of Code Section 348-156, relating to the State-wide Reserve Ratio for unemployment compensation, to read as follows:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the Statewide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

1.5 percent

1.7 percent

25 percent

1.25 percent

1.5 percent

50 percent

0.75 percent

1.25 percent

75 percent

Under 0.75 percent

100 percent

provided, however, that for the periods of January 1 through December 31, 2004;

January 1 through December 31, 2005; and January 1 through December 31, 2006, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent on the computation date with respect to rates applicable to calendar year 2004, 2005, or

2006, then for each such year the Commissioner of Labor shall have the option of

imposing an increase in the overall rate of up to 35 percent, as of the computation

date, for each employer whose rate is computed under a rate table in Code Section

34-8-155; and provided, further, that for the periods of January 1 through December

31, 2007, January 1 through December 31, 2008, and January 1 through December

31, 2009, January 1 through December 31, 2010, and January 1 through December

31, 2011, the overall increase in the rate required under this subparagraph shall be

suspended and the provisions of this subparagraph shall be null and void, except in

the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent

on the computation date with respect to rates applicable to calendar year 2007,

2008, or 2009, 2010, or 2011, then for each such year the Commissioner of Labor

shall have the option of imposing an increase in the overall rate of up to 35 percent,

as of the computation date, for each employer whose rate is computed under a rate

table in Code Section 34-8-155."

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SECTION 4. 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 5. Said chapter is further amended by revising Code Section 34-8-24, relating to an individual's status as bona fide in the labor market, which revision is intended to satisfy the requirements and conditions to qualify for incentive payments provided for as Special Transfers for Unemployment Compensation Modernization in Section 2003 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to read as follows:
"34-8-24. As used in this chapter, the term 'bona fide in the labor market' means that any person claiming benefits under this chapter must be available for full-time employment, as that term is generally understood in the trade or work classification involved, without regard to prior work restrictions, provided that no individual who is otherwise eligible shall be deemed ineligible for benefits solely because the individual seeks, applies for, or accepts only part-time work, instead of full-time work, provided the individual claiming benefits worked part-time during a majority of the weeks of work in the base period and the individual is available for part-time work for at least 20 hours per week."

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SECTION 6. Said chapter is further amended by revising subsection (d) of Code Section 34-8-193, relating to determination of weekly benefit amount, which revision is intended to satisfy the requirements and conditions to qualify for incentive payments provided for as Special Transfers for Unemployment Compensation Modernization in Section 2003 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to read as follows:
"(d)(1) Except as otherwise provided in this subsection, the The maximum benefits payable to an individual in a benefit year shall be the lesser of 26 times the weekly benefit amount or one-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (2) In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection and without restriction with respect to an individual's benefit year, for claims filed on or after January 1, 2010, weekly unemployment compensation shall be payable under this subsection to any individual who is unemployed, has exhausted all rights to regular unemployment compensation under the provisions of Article 7 of this chapter, and is enrolled and making satisfactory progress, as determined by the Commissioner, in a training program approved by the department, as described in subsection (d) of Code Section 34-8-195, or in a job training program authorized under the Workforce Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other training allowances for nontraining costs. Each such training program approved by the department or job training program authorized under the Workforce Investment Act of 1998 shall prepare individuals who have been separated from a declining occupation, as designated by the department from time to time, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a high-demand occupation, as designated by the department from time to time. The amount of unemployment compensation payable under this subsection to an individual for a week of unemployment shall be equal to the individual's average weekly benefit amount for the individual's most recent benefit year less deductible earnings, if any. The total amount of unemployment compensation payable under this subsection to any individual shall be equal to at least 26 times the individual's average weekly benefit amount for the individual's most recent benefit year. Except when the result would be inconsistent with other provisions of this subsection, all other provisions of Article 7 of this chapter shall apply to the administration of the provisions of this subsection."

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SECTION 7. Said chapter is further amended by revising Code Section 34-8-121, relating to information or records to be kept private and confidential, release of authorized maintenance of records, and destruction of outdated records, to read as follows:
"34-8-121. (a) Any information or records concerning an individual or employing unit obtained by the department pursuant to the administration of this chapter or other federally funded programs for which the department has responsibility shall be private and confidential, except as otherwise provided in this article or by regulation. This article does not create a rule of evidence. Information or records may be released by the department when the release is required by the federal government in connection with, or as a condition of funding for, a program being administered by the department. The provisions of paragraphs (1) through (3) of subsection (a) of Code Section 34-8-125 shall not apply to such release.
(b)(1) Each employing unit shall keep true and accurate records containing such information as the Commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the Commissioner or an authorized representative of the Commissioner at any time and as often as may be necessary. In addition to information prescribed by the Commissioner, each employer shall keep records of and report to the Commissioner quarterly the street address of each establishment, branch, outlet, or office of such employer, the nature of the operation, the number of persons employed, and the wages paid at each establishment, branch, outlet, or office. (2) The Commissioner or an authorized representative of the Commissioner may require from any employing unit any sworn or unsworn reports deemed necessary for the effective administration of this chapter. Any member of the board of review, any administrative hearing officer, or any field representative may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which are deemed necessary for the effective administration of this chapter. (3) Information, statements, transcriptions of proceedings, transcriptions of recordings, electronic recordings, letters, memoranda, and other documents and reports thus obtained or obtained from any individual, claimant, employing unit, or employer pursuant to the administration of this chapter, except to the extent necessary for the proper administration and enforcement of this chapter, shall be held confidential and shall not be subject to subpoena in any civil action or proceeding, published, or open to public inspection, other than to public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity; but any claimant, employer, or a duly authorized representative, at a hearing before an administrative hearing officer or the board of review, shall be supplied with information from such records to the extent necessary for the proper presentation of his or her claim. Any person who violates any provision of this paragraph shall upon conviction be guilty of a misdemeanor.

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(4) Notwithstanding the provisions of Code Sections 50-6-9 and 50-6-29 relating to the powers of the state auditor to disclose private and confidential information or records obtained by the department pursuant to the administration of this chapter or other federally funded programs for which the department has responsibility, such private and confidential information or records may be disclosed by the state auditor only in accordance with all provisions of this article and the requirements of 20 C.F.R. 603 and, after notice and review, upon the written direction of the Commissioner issued in advance of such disclosure. (4)(5) On orders of the Commissioner, any records or documents received or maintained by the Commissioner under the provisions of this chapter or the rules and regulations promulgated under this chapter may be destroyed under such safeguards as will protect their confidential nature two years after the date on which such records or documents last serve any useful, legal, or administrative purpose in the administration of this chapter or in the protection of the rights of anyone."
SECTION 8. Said chapter is further amended by revising Code Section 34-8-21, relating to base period, as follows:
"34-8-21. (a) Except as provided in subsection (b) of this Code section, as used in this chapter, the term 'base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state. (b) If an individual does not have sufficient wages to qualify for benefits under the definition of base period in subsection (a) of this Code section, then his or her base period shall be calculated using the last four completed quarters immediately preceding the first day of the individual's benefit year. Such base period shall be known as the 'alternative base period.' Applicants shall receive written notice of the alternative base period. Implementation of the alternative base period shall commence on January 1, 2003. Implementation of the alternative base period under this subsection shall be under such terms and conditions as the Commissioner may prescribe by rules and regulations. All benefit payments made under this subsection shall be paid exclusively from amounts credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)."
SECTION 9. Said chapter is further amended by revising Code Section 34-8-197, relating to eligibility requirements for extended benefits, to read as follows:
"34-8-197. (a) Definitions. As used in this Code section, the term:

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(1) 'Eligibility period' of an individual means the period consisting of the weeks in his or her benefit year which begin in an extended benefit period and, if his or her benefit year ends within such extended benefit period, any weeks thereafter which begin in such period. (2) 'Exhaustee' means an individual who, with respect to any week of unemployment in his or her eligibility period:
(A) Has received, prior to such week, all of the regular benefits that were available to him or her under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-service personnel under 5 U.S.C. Chapter 85, in his or her current benefit year that includes such week, provided that for the purposes of this subparagraph an individual shall be deemed to have received all of the regular benefits that were available to him or her, although, as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his or her benefit year, he or she may subsequently be determined to be entitled to added regular benefits; (B) His or her benefit year having expired prior to such week, has no or insufficient wages on the basis of which he or she could establish a new benefit year that would include such week; and
(C)(i) Has no right to unemployment benefits or allowances under the Railroad Unemployment Insurance Act and such other federal laws as are specified in regulations issued by the United States secretary of labor. (ii) Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if he or she is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under such law, he or she is considered an exhaustee. (3)(A) 'Extended benefit period' means a period which: (A)(i) Begins with the third week after a week for which there is a state 'on' indicator; and (B)(ii) Ends with either of the following weeks, whichever occurs later:
(i)(I) The third week after the first week for which there is a state 'off' indicator; or (ii)(II) The thirteenth consecutive week of such period. However, no extended benefit period may begin by reason of a state 'on' indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state. There is a state 'on' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment under the state law for the period equaled or exceeded 120 percent of the average of such rates for the corresponding 13 week period ending in each of the preceding two calendar years and equaled or exceeded 5 percent. There is a state 'off' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, either of the above provisions is not satisfied. (B)(i) With respect to weeks of unemployment beginning on or after February 1, 2009, there is a state 'on' indicator for a week if:

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(I) The average rate of total unemployment, seasonally adjusted, as determined by the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 6 1/2 percent; and (II) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the three-month period referred to in subdivision (I) of this subparagraph, equals or exceeds 110 percent of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years. (ii) This subparagraph shall apply only to the extent that full federal funding is available in accordance with Section 2005(a) of Public Law 111-5 or any extension thereof. (C) There is a state 'off' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, none of the options specified in subparagraphs (A) and (B) of this paragraph are satisfied. (4) 'Rate of insured unemployment,' for purposes of paragraph (3) of this subsection, means the percentage derived by dividing: (A) The average weekly number of individuals filing claims in this state, not including individuals filing claims for extended benefits or regular benefits claimed by federal civilian employees and ex-service personnel, for weeks of unemployment with respect to the most recent 13 consecutive week period, as determined by the Commissioner on the basis of the Commissioner's reports to the United States secretary of labor; by (B) The average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of such 13 week period. (5) 'Regular benefits' means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U.S.C. Chapter 85, other than extended benefits. (6) 'State law' means the unemployment insurance law of any state approved by the United States secretary of labor under Section 3304 of the Internal Revenue Code. (7) 'Suitable work' means, with respect to any individual, any work which is within such individual's capabilities, provided that, if the individual furnishes evidence satisfactory to the Commissioner that such individual's prospects for obtaining work in the customary occupation of such individual within a reasonably short period are good, the determination of whether any work is suitable work with respect to such individual shall be made in accordance with this chapter. (b) Applicability of provisions as to regular benefits to claims for and payment of extended benefits. Except when the result would be inconsistent with the other provisions of this Code section, as provided in the regulations of the Commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. To establish

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entitlement to extended benefits, an individual must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. The alternative computation for entitlement as required by Code Section 34-8-193 shall not apply to extended benefits. (c) Eligibility requirements for extended benefits. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the eligibility period of the individual only if the Commissioner finds that with respect to such week:
(1) He or she is an 'exhaustee' as defined in paragraph (2) of subsection (a) of this Code section; and (2) He or she has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; provided, however, that the total extended benefits otherwise payable to an individual who has filed an interstate claim under the interstate benefit payment plan shall not exceed two weeks whenever an extended benefit period is not in effect for such week in the state where the claim is filed; provided, further, if an individual has been disqualified in his or her most recent benefit year or on his or her extended benefit claim, only those who are required to return to work and to earn additional insured wages in employment in order to terminate this disqualification and who satisfy this requirement shall be eligible to receive extended benefits; provided, further, if the benefit year of a claimant ends within an extended benefit period, the number of weeks of extended benefits that such claimant would be entitled to in that extended benefit period, but for this subsection, shall be reduced, but not below zero, by the number of weeks for which the claimant was entitled to trade readjustment allowances during such benefit year. For purposes of this subsection, the terms 'benefit year' and 'extended benefit period' shall have the same respective meanings. (d) Weekly extended benefit amount. The weekly extended benefit amount payable to an individual for a week of total unemployment in the eligibility period of such individual shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year. (e) Total extended benefit amount. Except as provided in paragraph (1) of this section, the The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts: (1) Fifty percent of the total amount of regular benefits which were payable to him or her under this chapter in his or her applicable benefit year; (2) Thirteen times his or her weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year; or (3) Thirty-nine times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or deemed paid to him or her under this chapter with respect to the benefit year. (f) Notice as to beginning and termination of extended benefit period. Whenever an extended benefit period is to become effective in this state as a result of the state 'on'

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indicator or whenever an extended benefit period is to be terminated in this state as a result of the state 'off' indicator, the Commissioner shall make an appropriate announcement. (g) Computations. Computations required by paragraph (4) of subsection (a) of this Code section shall be made by the Commissioner in accordance with regulations prescribed by the United States secretary of labor. (h) Nonpayment of extended benefits for failure to seek or accept work. Notwithstanding other provisions of this Code section, payment of extended benefits under this Code section shall not be made to any individual for any week of unemployment in his or her eligibility period during which he or she fails:
(1) To accept any offer of suitable work or fails to apply for any suitable work to which he or she was referred by the State Employment Service; or (2) To engage actively in seeking work. For the purposes of this paragraph, an individual shall be treated as actively engaged in seeking work during any week if:
(A) The individual has engaged in a systematic and sustained effort to obtain work during such week; and (B) The individual provides tangible evidence to the satisfaction of the Commissioner that he or she has engaged in such an effort during such week. (i) Period of nonpayment for extended benefits. If any individual is ineligible for extended benefits for any week by reason of a failure described in paragraph (1) or (2) of subsection (h) of this Code section, the individual shall be ineligible to receive extended benefits for any week which begins during a period which: (1) Begins with the week following the week in which such failure occurs; and (2) Does not end until such individual has been employed during at least four weeks which begin after such failure and for which the total of the remuneration in insured wages for services in employment earned by the individual for being so employed is not less than the product of four multiplied by the individual's weekly benefit amount for his or her benefit year. (j) Exceptions to subsection (h) of this Code section. No individual shall be denied extended benefits under paragraph (1) of subsection (h) of this Code section for any week by reason of a failure to accept an offer of or apply for suitable work: (l) If the gross average weekly remuneration payable to such individual for the position does not exceed the sum of: (A) The individual's weekly benefit amount for such individual's benefit year; and (B) The amount, if any, of supplemental unemployment compensation benefits, as defined in Code Section 34-8-45, payable to such individual for such week; (2) If the position was not offered to such individual in writing and was not listed with the State Employment Service; (3) If such failure would not result in a denial of benefits under this chapter to the extent that such provisions are not inconsistent with paragraph (7) of subsection (a) of this Code section and the provisions of subsection (h) of this Code section which relate to individuals actively engaged in seeking work; or (4) If the position pays wages less than the higher of:

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(A) The minimum wage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or (B) The Georgia minimum wage. (k) Referral of claimants to suitable work. A claimant for extended benefits shall be referred to any suitable work as provided for in paragraph (7) of subsection (a) of this Code section which is not excluded by subsection (j) of this Code section. (l) Effective with respect to weeks beginning in a high-unemployment period, the total extended benefit amount payable to an eligible individual with respect to the applicable benefit year shall be the least of the following amounts: (1) Eighty percent of the total amount of regular benefits that were payable to the individual pursuant to this chapter in the individual's applicable benefit year; (2) Twenty times the individual's average weekly benefit amount that was payable to the individual pursuant to this chapter for a week of total unemployment in the applicable benefit year; or (3) Forty-six times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or deemed paid to him or her under this chapter with respect to the benefit year. (m) For purposes of subsection (l) of this Code section, 'high-unemployment period' means a period during which an extended benefit period would be in effect if subdivision (a)(3)(B)(i)(I) of this Code section were applied by substituting '8 percent' for '6 1/2 percent.' (n) Subsections (l) and (m) of this Code section shall apply only to the extent that full federal funding is available in accordance with Section 2005(a) of Public Law 111-5."

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:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs

E Heckstall Y Hembree E Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston

Y Manning E Marin
Martin Y Maxwell
May Y Mayo Y McCall Y McKillip

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

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Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper
Cox

Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin
Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Howard Hudson
Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Meadows Y Millar Y Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon 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.

HB 388. By Representatives Mills of the 25th, Everson of the 106th, Keen of the 179th, Harbin of the 118th, Walker of the 107th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for legislative intent; to provide a short title; to change the definition of "child" to include a human embryo; to provide for definitions; to provide for procedures for embryo adoption; to provide for nonapplicability of certain dependent exemption for income tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to enact the "Option of Adoption Act"; to provide a short title; to define certain terms; to provide that a legal embryo custodian may relinquish rights to an embryo; to provide for procedures; to provide that a child born as a result of such relinquished embryo shall be the legal child of the recipient; to provide for an expedited order of parentage; to amend the Official Code of Georgia Annotated so as to conform provisions and 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. This Act shall be known and may be cited as the "Option of Adoption Act."
SECTION 2. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by designating the existing chapter as Article 1 and adding a new article to read as follows:
"ARTICLE 2
19-8-40. As used in this article, the term:
(1) 'Embryo' or 'human embryo' means an individual fertilized ovum of the human species. (2) 'Embryo relinquishment' or 'legal transfer of rights to an embryo' means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo and the acceptance of such rights and responsibilities by a recipient intended parent. (3) 'Embryo transfer' means the medical procedure of physically placing an embryo into the uterus of a female. (4) 'Legal embryo custodian' means the person or persons who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person or persons. (5) 'Recipient intended parent' means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer.
19-8-41. (a) A legal embryo custodian may relinquish all rights and responsibilities for an embryo to a recipient intended parent prior to embryo transfer. A written contract shall

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be entered into between each legal embryo custodian and each recipient intended parent prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer. The contract shall be signed by each legal embryo custodian for such embryo and by each recipient intended parent in the presence of a notary public and a witness. Initials or other designations may be used if the parties desire anonymity. The contract may include a written waiver by the legal embryo custodian of notice and service in any legal adoption or other parentage proceeding which may follow. (b) If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required. (c) Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (a) of this Code section, the legal transfer of rights to an embryo shall be considered complete, and the embryo transfer shall be authorized. (d) A child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (a) of this Code section shall be presumed to be the legal child of the recipient intended parent; provided that each legal embryo custodian and each recipient intended parent has entered into a written contract.
19-8-42. (a) Prior to the birth of a child or following the birth of a child, a recipient intended parent may petition the superior court for an expedited order of adoption or parentage. In such cases, the written contract between each legal embryo custodian and each recipient intended parent shall be acceptable in lieu of a surrender of rights. (b) All petitions under this article shall be filed in the county in which any petitioner or any respondent resides. (c) The court shall give effect to any written waiver of notice and service in the legal proceeding for adoption or parentage. (d) In the interest of justice, to promote the stability of embryo transfers, and to promote the interests of children who may be born following such embryo transfers, the court in its discretion may waive such technical requirements as the court deems just and proper.
19-8-43. Upon a filing of a petition for adoption or parentage and the court finding that such petition meets the criteria required by this article, an expedited order of adoption or parentage shall be issued and shall be a final order. Such order shall terminate any future parental rights and responsibilities of any past or present legal embryo custodian in a child which results from the embryo transfer and shall vest such rights and responsibilities in the recipient intended parent."

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SECTION 3. Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to jurisdiction of the juvenile court, is amended by revising subparagraph (a)(2)(C) as follows:
"(C) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Article 1 of Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child;"
SECTION 4. Code Section 19-8-26 of the Official Code of Georgia Annotated, relating to how surrender of parental rights is executed, is amended by revising subsection (c) as follows:
"(c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-5 shall conform substantially to the following form:
SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO PARENT OR GUARDIAN:
This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.
______________ I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child), on (insert birthdate of child), should receive the benefits and advantages of a good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby surrender the child to (insert name, surname not required, of each person to whom surrender is made), PROVIDED each such person is named as petitioner in a petition for adoption of the child filed in accordance with Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name, surname not required, of each person to whom surrender is made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child. It is also my wish, intent, and purpose that if each such person is not named as petitioner in a petition for adoption as provided for above within the 60 day period,

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other than for excusable neglect, or, if said petition for adoption is filed within 60 days but the adoption action is dismissed with prejudice or otherwise concluded without an order declaring the child to be the adopted child of each such person, then I do hereby surrender the child as follows:
(Mark one of the following as chosen) ____ I wish the child returned to me, and I expressly acknowledge that this provision applies only to the limited circumstance that the child is not adopted by the person or persons designated herein and further that this provision does not impair the validity, absolute finality, or totality of this surrender under any circumstance other than the failure of the designated person or persons to adopt the child and that no other provision of this surrender impairs the validity, absolute finality, or totality of this surrender once the revocation period has elapsed; or ____ I surrender the child to (insert name of designated licensed child-placing agency), a licensed child-placing agency, for placement for adoption; or ____ I surrender the child to the Department of Human Resources, as provided by subsection (k) of Code Section 19-8-5, for placement for adoption; and (insert name of designated licensed child-placing agency) or the Department of Human Resources may petition the superior court for custody of the child in accordance with the terms of this surrender. Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other such person as may be chosen by the (insert name of designated licensed child-placing agency) or the Department of Human Resources and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such agent in the conduct of this investigation. Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to (insert name and address of agent of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily. Witness my hand and seal this ______ day of ______________, ____.
______________(SEAL) (Parent or guardian)

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__________________ Unofficial witness Sworn to and subscribed before me this ______ day of ______________, ____.

_______________________ Notary public (SEAL) My commission expires ______________."

SECTION 5. Code Section 29-2-22 of the Official Code of Georgia Annotated, relating to authority of a guardian, is amended by revising paragraph (4) of subsection (a) as follows:
"(4) Execute a surrender of rights to enable the adoption of the minor pursuant to the provisions of Article 1 of Chapter 8 of Title 19 or the adoption laws of any other state; and"

SECTION 6. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies, is amended by revising paragraphs (1) and (2) of subsection (q) as follows:
"(1) Adopt a child or children from receiving or accepting a child or children in the individual's home in anticipation of filing a petition for adoption under Article 1 of Chapter 8 of Title 19; or (2) Have that individual's child or children placed for adoption from placing that individual's child or children in the home of an individual who is not related to the child or children in anticipation of the individual's initiation of adoption proceedings pursuant to Article 1 of Chapter 8 of Title 19."

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey

E Heckstall Y Hembree N Henson Y Hill, C
Hill, C.A Y Holt

Manning N Marin Y Martin Y Maxwell Y May N Mayo

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw

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Y Austin N Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Benfield Y Benton N Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B E Casas Y Chambers
Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T N Cooper Y Cox

Y Dickson N Dobbs Y Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England
Epps, C N Epps, J Y Everson N Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Horne N Houston N Howard
Hudson N Hugley N Jackson Y Jacobs N James 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 Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

N McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy
Neal Y Nix N Oliver Y O'Neal N Parham
Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey N Randall
Reece E Reese Y Rice Y Roberts Y Rogers

Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon 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 96, nays 66.

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

Representatives Neal of the 1st 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.

Representative Shipp of the 58th moved that the House reconsider its action in giving the requisite constitutional majority to HB 388.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe

N Crawford Y Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey

E Heckstall N Hembree Y Henson N Hill, C Y Hill, C.A N Holt

Y Manning Y Marin N Martin N Maxwell N May N Mayo

N Rynders N Scott, A N Scott, M N Sellier N Setzler Y Shaw

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N Austin Y Baker N Barnard
Battles N Bearden E Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd Y Carter, A N Carter, B E Casas N Chambers
Channell Y Cheokas N Coan N Cole N Coleman N Collins, D Y Collins, T N Cooper N Cox

N Dickson Y Dobbs N Dollar Y Dooley E Drenner E Dukes N Ehrhart N England
Epps, C Epps, J N Everson Y Floyd Y Fludd Y Franklin Y Frazier Fullerton Y Gardner N Geisinger Y Glanton N Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner N Harbin N Harden, B N Harden, M N Hatfield Y Heard

N Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson N Jacobs Y James N Jerguson E 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 N Lindsey Y Long N Loudermilk Y Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham

On the motion, the ayes were 67, nays 93.

McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy
Neal N Nix Y Oliver N O'Neal Y Parham
Parrish N Parsons N Peake Y Porter N Powell, A N Powell, J
Pruett N Ralston N Ramsey Y Randall
Reece E Reese N Rice N Roberts N Rogers

N Sheldon Y Shipp N Sims, B Y Sims, C Y Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V Y Smyre Y Stephens, M N Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker N Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

The motion was lost.

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 "nay" thereon.

Representative Fullerton of the 151st 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 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:

A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to

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corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other 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 enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for credits against state income tax for employers employing certain previously unemployed persons; to eliminate the requirement for dealers to make returns and remittances with respect to estimated sales and use tax liability; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Jobs, Opportunity, and Business Success Act of 2009."
SECTION 2. 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 fees for filings related to business corporations, as follows:
"14-2-122. (a) 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:

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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

(5) Agent's statement of resignation ................................................................. No fee

(6) Certificate of judicial dissolution ................................................................ No fee

(7) Articles of dissolution or intent to dissolve................................................. No fee

(8) Application of withdrawal........................................................................... No fee

(9) Application for reservation of a corporate name......................................... 25.00

(10) Civil penalty for a foreign corporation transacting business in this state without a certificate of authority........................................................................ 500.00

(11) Statement of change of address of registered agent...$5.00 per corporation but not less than .............................................................................. 20.00

(12) Application for reinstatement.................................................................... 100.00

(13) Certificate of conversion ........................................................................... 95.00

(14) Any other document required or permitted to be filed by this chapter .... 20.00
(b) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (2) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings."

SECTION 3. Said Title 14 is further amended by revising Code Section 14-9-1101, relating to fees for filings related to limited partnerships, as follows:
"14-9-1101. (a) The Secretary of State shall charge and collect for filing:

Document

Fee

(1) A certificate of limited partnership .............................................................$ 100.00

(2) A registration of a foreign limited partnership............................................ 225.00

(3) An annual registration ................................................................................. 30.00

(4) Penalty for late filing of annual registration................................................ 25.00

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(5) Agent's statement of resignation ................................................................. No fee
(6) Certificate of cancellation ........................................................................... No fee
(7) Application of withdrawal........................................................................... No fee
(8) Statement of change of address of registered agent or registered office $5.00 per limited partnership but not less than .................................................. 20.00
(9) An amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership ............................................................ 100.00
(10) Certificate of election to become a limited partnership ............................ 80.00
(11) Certificate of conversion ........................................................................... 95.00
(12) Application for reservation of a name....................................................... 25.00
(13) Any other document required or permitted pursuant to this chapter ........ 20.00 (b) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (2) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings."
SECTION 4. Said Title 14 is further amended by revising Code Section 14-9-1101, relating to fees for filings related to limited liability companies, as follows:
"14-11-1101. (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 (1) Articles of organization ........................................................................ $ (2) Articles of amendment ......................................................................... (3) Articles of merger................................................................................. (4) Certificate of election under Code Section 14-11-212 (together with articles of organization) .............................................................................. (5) Application for certificate of authority to transact business ................ (6) Statement of commencement of winding up........................................ (7) Certificate of termination .....................................................................

Fee 100.00 20.00 20.00
95.00 225.00 No Fee No Fee

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(8) Application of withdrawal....................................................................

No fee

(9) Articles of correction............................................................................

20.00

(10) Application for reservation of a name................................................

25.00

(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

(12) Registered agent's statement of resignation pursuant to subsection (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11703...............................................................................................................

No fee

(13) Certificate of judicial dissolution .......................................................

No fee

(14) Annual registration (foreign or domestic)..........................................

30.00

(15) Penalty for late filing of annual registration ......................................

25.00

(16) Reinstatement fee ...............................................................................

100.00

(17) Any other document required or permitted to be filed by this chapter ..................................................................................................

20.00

(18) Certificate of conversion ....................................................................

95.00

(b) The Secretary of State shall collect the penalty provided for in paragraph (2) of subsection (c) of Code Section 14-11-711. (c) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (5) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings."

SECTION 5. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-8-156, relating to the State-wide Reserve ratio and reduction in tax rate, by adding a new subsection as follows:
"(g) For calendar quarters beginning on or after July 1, 2009, there shall be a credit to be known as the Georgia Works Tax Credit. The amount of the credit shall be not less than $25.00 and not more than $125.00 per individual employee per calendar quarter, as further described in this subsection. The determination of the amount of the credit, within the permissible range, shall be made and periodically revised by the Commissioner based on the Commissioner's evaluation of conditions in the Georgia labor market, the state of the economy, and the State-wide Reserve Ratio. The credit may be claimed by an employer for up to four calendar quarters with respect to an individual hired by that employer for services to be performed in this state under the following conditions:
(1) Such individual:

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(A) Has filed a claim for unemployment compensation in this state and is currently receiving weekly unemployment compensation benefits on that claim under the provisions of Article 7 of this chapter and such benefits are chargeable to the experience rating account of an employer under Code Section 34-8-157; (B) Has been profiled by the department as likely to exhaust benefits; (C) Has no return to work date or promise of future employment; and (D) Has at least eight weeks of benefit eligibility remaining on his or her current claim at the time the employer hires the individual; (2) The credit for each such hired individual per calendar quarter may be claimed on the reports required to be filed under Code Section 34-8-165 as a reduction from amounts otherwise due with respect to each of the four calendar quarters immediately following the hire date of the individual; provided, however, that the credit may not be claimed for any hired individual with respect to more than one hiring by the employer claiming the credit or for more than four calendar quarters with respect to that one hiring; (3) For each calendar quarter for which the credit is claimed, such individual shall be continuously employed by the employer claiming the credit, and such individual's employment with that employer shall consist of at least 30 hours per week during each week of that calendar quarter; (4) The credit shall be timely claimed for the calendar quarter to which the credit is applicable, and in no event later than the last day of the reporting month following the end of the calendar quarter to which the credit is applicable. The credit shall not be refundable. The credit cannot reduce tax liability below zero; provided, however, that the credit, if properly and timely claimed, may be carried forward and applied against contributions due in any subsequent calendar quarter in the same calendar year as claimed. Any unused credit remaining at the end of a calendar year may not be carried forward to another calendar year and shall be deemed to have expired; and (5) No credit shall be claimed or taken by any employer who fails to timely file any report or to timely pay all amounts otherwise due for all calendar quarters during the calendar year for which the credit is claimed. In the event an employer has claimed a credit under this Code section and fails to timely file any report or to timely pay all amounts otherwise due during the year the credit is claimed, the amount of any credits claimed with respect to the calendar year shall be cancelled and become delinquent as of the date originally due under Code Section 34-8-165 and subject to all the provisions of this article as if no credit had ever been available or claimed."
SECTION 6. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section as follows:
"48-7-29.17. (a) As used in this Code section, the term 'creditable employee' means an employee of an employer who:

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(1) Is first employed by the employer on or after the effective date of this Code section and prior to July 1, 2010; (2) Was unemployed immediately prior to becoming so employed; (3) Remains so employed by the employer for at least 24 consecutive months; (4) Executes and provides a notarized affidavit swearing or affirming that such employee is eligible to work in the United States because such person is either a United States citizen or a lawfully present alien according to federal law; and (5) During the entire period of such employment receives monthly compensation in an amount at least equal to the average monthly employment compensation benefit paid to persons receiving employment compensation benefits in this state. (b) An employer who has one or more creditable employees and who provides a notarized affidavit attesting to use of the federal employment verification system now know as 'E-Verify' or any future federal employment verification system shall be eligible to apply for and receive a credit against taxes imposed under this chapter. The amount of the credit shall be $2,400.00 for each creditable employee. Eligibility for the credit shall be established as of the time the creditable employee completes 24 consecutive months of employment; and the credit shall be claimed for the taxable year in which the twenty-fourth month of such employment is completed. (c) 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. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's succeeding two years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (d) The credit shall be claimed and granted in such manner as shall be specified by rules adopted by the commissioner; and such rules shall specifically provide for the manner of establishing the qualifying status of unemployment of the employee prior to employment. The average monthly employment security benefit shall be computed on a monthly basis by the Commissioner of Labor. (e) For the purpose of determining whether an employee is employed by the employer under subsection (a) of this Code section, employment may include up to 13 weeks continuous prior service for the employer as a temporary employee of a staffing firm. As used in this Code section, staffing firm means an organization that hires its own employees and assigns them to a client to support or supplement the client's work force in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects."
SECTION 7. Said Title 48 is further amended in Code Section 48-8-49, relating to dealers' sales and use tax returns, by revising subsection (b) as follows:
"(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on the dealer's average monthly payments for the last fiscal year.

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(2) If the estimated tax liability of a dealer for any taxable period exceeds $5,000.00, the A dealer shall not be required to file a return and remit to the commissioner not less than 50 percent of the any estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $5,000.00 per month for three consecutive months or more nor shall this subsection apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability. (3) Any dealer who has filed a return and remitted any estimated tax liability to the commissioner which amount has not been credited against the amount to be due on the return required under subsection (a) of this Code section on or before the effective date of this paragraph shall be issued a refund check by the commissioner for such amount. Prior to or in conjunction with the mailing of such refund check, the commissioner shall mail the dealer the following notice:
'Dear Georgia business owner, This is a refund of your sales tax deposit, which is returned to you in compliance with the Jobs, Opportunity, and Business Success Act of 2009 (J.O.B.S). The state will no longer require you to pay sales tax before it is collected.
The Georgia State House and State Senate passed and the Governor signed the J.O.B.S. Act (O.C.G.A. 48-8-49) believing that entrepreneurs and business owners, not government, are best equipped to create jobs and sustainable economic growth for Georgia.
We appreciate your efforts to create true economic stimulus for our great state.
Thank you!
Georgia General Assembly'"
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley
Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 4.

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

Representative Fullerton of the 151st stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 482. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:

THURSDAY, MARCH 12, 2009

2573

A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide that, subject to referendum approval, all tangible personal property constituting the inventory of a business shall be exempt from state ad valorem taxation; to provide for a referendum election with respect to effectiveness; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the 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 Allison Y Amerson
Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley
Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 166, nays 0.

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

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

HB 358. 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 taxation, so as to extend the periods of exemption for use of food for hunger relief purposes and use of food donated for disaster relief purposes; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd
Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

THURSDAY, MARCH 12, 2009

2575

On the passage of the Bill, the ayes were 166, nays 0.
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 243. By Representatives Pruett of the 144th, Sellier of the 136th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to provide that only teachers currently receiving salary increases for National Board for Professional Teaching Standards certification shall be eligible for continuing increases; to provide for an exception for teachers enrolled in the process as of March 1, 2009; to provide that if an individual leaves a teaching position, he or she is no longer eligible for the salary increase; to provide that such increases are subject to appropriations by the General Assembly; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, is amended by revising Code Section 20-2-212.2, relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards, as follows:
"20-2-212.2. (a) As used in this Code section, the term:

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(1) 'High-needs school' means a Georgia public school that has received an unacceptable rating for a period of two or more consecutive years; and (2) 'National certification' means certification obtained from the National Board for Professional Teaching Standards. (b) For initial national certification prior to July 1, 2006, and subsequent renewals anytime thereafter, (1) Any person who:
(A) Is currently teaching full time in a Georgia public school and holds a valid Georgia teaching certificate; and (B) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received and recomputed each subsequent year based on the individual's state salary for that school year. In the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. An individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly. (2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. (3) A portion of the national certification program participation fee may be paid by the state prior to certification for any person who: (A) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; (B) Has submitted an application and the initial qualifying payment to the National Board for Professional Teaching Standards; and (C) Has successfully completed a screening process developed by the Professional Standards Commission. (4)(2) A teacher for whom the State of Georgia pays a portion of the national certification participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the state's portion of the participation fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher, and repayment is not required if the teacher fails to receive national board certification. (5)(3) The portion of the national certification program participation fee paid by the participant shall be reimbursed by the state upon certification for any teacher who is

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eligible for an increase pursuant to paragraph (1) of this subsection. This paragraph shall be subject to appropriations by the General Assembly. (6)(4) A teacher for whom the State of Georgia reimburses the cost of the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the reimbursement payment to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher. (b.1) Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2005, and who obtains initial certification and subsequent renewals after July 1, 2006, shall be eligible for salary increases, subject to appropriations by the General Assembly, pursuant to subsection (b) of this Code section if such person otherwise meets the requirements of subsection (b) of this Code section. (c) Except as provided for in subsection subsections (b.1) and (c.1) of this Code section, for initial national certification on and after between July 1, 2006, and March 1, 2009, and subsequent renewals anytime thereafter, (1) Any person who:
(A) Is currently teaching full time in a high-needs school and holds a valid Georgia teaching certificate as defined by the Professional Standards Commission; and (B) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received. A teacher who transfers to a high-needs school after such individual receives national certification shall receive such increase beginning on the effective date of transfer if the teacher meets the requirements of this subsection, and such increase shall be computed based on the state salary for such individual on the effective date of the transfer. Provided such individual remains employed in a high-needs school or in a school that was designated as a high-needs school at the time the individual received national certification or transferred to such school and otherwise continues to meet the requirements of this subsection, the 10 percent increase shall be recomputed each subsequent year based on such individual's state salary for that school year. An individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly. (2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. (3)(2) The Professional Standards Commission shall provide annually to the Department of Education a roster of teachers who have attained and retained national certification and are eligible for the annual increase.

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(4) The Professional Standards Commission shall be authorized to accept, receive, distribute, and administer funds to be used for national certification program participation fees. (c.1) Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2009, shall be eligible for salary increases, subject to appropriations by the General Assembly, pursuant to subsection (c) of this Code section if such person otherwise meets the requirements of subsection (c) of this Code section. (d) Except as provided in subsection (c.1) of this Code section, on and after July 1, 2009, only teachers receiving a salary increase pursuant to this Code section as of March 1, 2009, shall be eligible to continue receiving such salary increases, subject to appropriations by the General Assembly, but only if such teachers otherwise meet all applicable requirements."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles N Bearden E Beasley-Teague N Benfield N Benton N Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns N Butler Y Byrd N Carter, A Y Carter, B Y Casas

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B

Y Manning N Marin Y Martin Y Maxwell
May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A

N Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp
Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker

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Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield N Heard

Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B
Maddox, G N Mangham

Y Powell, J Y Pruett N Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts N Rogers

Y Weldon Y Wilkinson Y 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 92, nays 79.

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

Representatives May of the 111th 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.

Representative Porter of the 143rd moved that the House reconsider its action in giving the requisite constitutional majority to the HB 243.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin Y Baker N Barnard N Battles
Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns Y Butler N Byrd Y Carter, A N Carter, B N Casas

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs N Dollar Y Dooley E Drenner E Dukes N Ehrhart N England Y Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton N Golick

Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James 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 Manning Y Marin N Martin N Maxwell N May Y Mayo N McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal Y Parham N Parrish N Parsons N Peake Y Porter Y Powell, A

N Rynders N Scott, A N Scott, M N Sellier N Setzler Y Shaw N Sheldon Y Shipp
Sims, B N Sims, C Y Sinkfield N Smith, B N Smith, L N Smith, R Y Smith, T N Smith, V Y Smyre Y Stephens, M N Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker

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N Chambers N Channell Y Cheokas N Coan N Cole N Coleman N Collins, D Y Collins, T N Cooper N Cox

Y Gordon N Graves N Greene N Hamilton Y Hanner N Harbin N Harden, B N Harden, M Y Hatfield Y Heard

N Lane, R Y Levitas N Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham

On the motion, the ayes were 76, nays 96.

N Powell, J N Pruett N Ralston N Ramsey Y Randall Y Reece E Reese N Rice N Roberts Y Rogers

N Weldon N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

The motion was lost.

HB 289. By Representatives Chambers of the 81st, Houston of the 170th and Martin of the 47th:

A BILL to be entitled an Act to provide a statement of legislative findings; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to repeal Article 6 of Chapter 5, relating to the Georgia Courts Automation Commission; to provide for outstanding contracts and obligations; 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 repeal Article 6 of Chapter 5, relating to the Georgia Courts Automation Commission; to provide for outstanding contracts and obligations; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by repealing Article 6 of Chapter 5, relating to the Georgia Courts Automation Commission, and revising said article as follows:

"ARTICLE 6 RESERVED"

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SECTION 2. On July 1, 2009, any outstanding contracts, licenses, and obligations of the Georgia Courts Automation Commission shall be transferred to the Administrative Office of the Courts until the same are completed or extinguished.
SECTION 3. Said title is further amended by revising subparagraph (a)(17)(B) of Code Section 15-661, relating to duties of clerks generally, use of computerized record-keeping system, and printed copies of the grantor and grantee indices, as follows:
"(B) To electronically collect and transmit to the Georgia Superior Court Clerks' Cooperative Authority all data elements required in subsection (g) of Code Section 35-3-36 in a form and format required by the Superior Court Clerks' Cooperative Authority and The Council of Superior Court Clerks of Georgia. The electronic collection and transmission of data shall begin no later than January 1, 2002. The data transmitted to the authority pursuant to this Code section shall be transmitted to the Administrative Office of the Courts and to the Georgia Crime Information Center in satisfaction of the clerk's duties under subsection (g) of Code Section 353-36 and to the Georgia Courts Automation Commission who shall provide the data to the Administrative Office of the Courts for use of the state judicial branch. Public access to said data shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the authority;"
SECTION 4. Said title is further amended by revising subsection (a) of Code Section 15-6-97.1, relating to development and operation of civil case information system and funding, as follows:
"(a) The Georgia Superior Court Clerks' Cooperative Authority and The Council of Superior Court Clerks of Georgia, in agreement with the Georgia Courts Automation Commission and the Administrative Office of the Courts, shall participate in the development and operation of the civil case filing and disposition information system described in paragraph (4) of Code Section 15-5-24 and paragraphs (2), (3), (4), and (5) of subsection (a) of Code Section 15-5-82. The authority shall provide such data in electronic format to the Georgia Courts Automation Commission within three days of receipt. The media and format shall be determined by the authority and the commission."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene
Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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.

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.

THURSDAY, MARCH 12, 2009

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HB 321. By Representatives Davis of the 109th, Rogers of the 26th and Holt of the 112th:
A BILL to be entitled an Act to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; 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 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Insurance Delivery Enhancement Act of 2009."
SECTION 2. Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, is amended by revising paragraphs (2) and (3) of subsection (a) as follows:
"(2) Under a policy issued to an association, including a labor union, which shall have a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least 25 10 members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees. As used in this paragraph, the term 'employees' may include retired employees; (3) Under a policy issued to the trustees of a fund established by two or more employers in the same industry, by one or more labor unions, by one or more employers and one or more labor unions, or by an association, as defined in paragraph (2) of this Code section, which trustees shall be deemed the policyholder, to insure not less than 25 10 employees of the employers or members of the union or of such association or of members of such association for the benefit of persons other than the employers or other unions or such associations. As used in this paragraph, the term 'employees' includes the officers, managers, and employees of the employer and the individual proprietor or partners, if the employer is an individual proprietor or

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partnership. The term may include retired employees. The policy may provide that the term 'employees' shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship;"

SECTION 3. Said Code section is further amended by revising subparagraph (a)(7)(A) as follows:
"(7)(A) Under a policy issued to a legal entity providing a multiple employer welfare arrangement, which means any employee benefit plan which is established or maintained for the purpose of offering or providing accident and sickness benefits to the employees of two or more employers, including self-employed individuals, individuals whose compensation is reported on federal Internal Revenue Service Form 1099, and their spouses or dependents. The term does shall not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement."

SECTION 4. Said Code section is further amended by revising paragraph (1) of subsection (b) as follows:
"(1) Has been in existence for at least five three years;"

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J

Y Manning Y Marin
Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M

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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, D Y Collins, T Y Cooper Y Cox

Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jones, S Jordan
Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 171, nays 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 by the requisite constitutional majority the following resolutions of the Senate:

SR 117. By Senators Mullis of the 53rd, Stoner of the 6th, Seay of the 34th, Staton of the 18th, Reed of the 35th and others:

A RESOLUTION urging the Georgia Department of Transportation to build a maglev train connecting Hartsfield-Jackson Airport in Atlanta along Interstate 75 with the Chattanooga Municipal Airport (Lovell Field), to be known as the "The Plane Train"; and for other purposes.

SR 176. By Senator Mullis of the 53rd:

A RESOLUTION dedicating the James H. Chandler, Jr. Memorial Intersection; and for other purposes.

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SR 274. By Senators Thomas of the 54th and Mullis of the 53rd:
A RESOLUTION designating the tulip poplar adjacent to Dalton City Hall planted October 18, 2006, in Dalton, Georgia, as the official Liberty Tree of Georgia; and for other purposes.
SR 331. By Senators Hill of the 32nd and Thomas of the 54th:
A RESOLUTION creating the Joint Study Committee on Health Care Transformation; and for other purposes.
SR 402. By Senators Shafer of the 48th, Johnson of the 1st, Mullis of the 53rd, Williams of the 19th, Chapman of the 3rd and others:
A RESOLUTION creating the Joint Telecommunications Comprehensive Reform Study Committee; and for other purposes.
SR 431. By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Bulloch of the 11th and Fort of the 39th:
A RESOLUTION designating the Georgia Civil War Heritage Trails; and for other purposes.
SR 464. By Senator Weber of the 40th:
A RESOLUTION urging the Board of Regents of the University System of Georgia and Georgia's private colleges and universities to increase teacher production to meet the state's need for K-12 teachers; and for other purposes.
SR 465. By Senator Weber of the 40th:
A RESOLUTION recognizing the value of partnerships between local school systems and postsecondary institutions and urging the Board of Regents of the University System of Georgia, Georgia's private colleges and universities, the Department of Education, the Professional Standards Commission, and local school systems to continue to establish and enable such partnerships; 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 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st and others:

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A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible single-family residence; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
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 an income tax credit for a limited period of time for the purchase of one eligible singlefamily residence; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
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:
"48-7-29.17. (a) As used in this Code section, the term 'eligible single-family residence' means:
(1) A single-family structure that is a new residence or a previously occupied residence that was for sale prior to the effective date of this Code section and is still for sale after the effective date of this Code section; or (2) A single-family structure that is:
(A) An owner occupied residence with respect to which the owner's acquisition indebtedness, as defined in Section 163(h)(3)(B) of the Internal Revenue Code, determined without regard to clause (ii) thereof, was in default on or before March 1, 2009; or (B) A residence with respect to which a foreclosure event has taken place and which is owned by the mortgagor or the mortgagor's agent. (b) A taxpayer shall be allowed a one-time credit against the tax imposed by Code Section 48-7-20 for the purchase of one eligible single-family residence made during the six-month period commencing on the first day of the month following the effective date of this Code section and ending on the last day of the sixth complete month

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thereafter. The amount of such credit shall be either 1.2 percent of the purchase price of such eligible single-family residence or $3,600.00, whichever is less. (c) The amount of the tax credit under subsection (b) of this Code section which may be claimed and allowed for a single taxable year shall not exceed $1,200.00 or the taxpayer's income tax liability, whichever is less. Any excess or unused tax credit amount shall be allowed to be carried forward to apply to the taxpayer's succeeding two years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability.
(d)(1) A taxpayer shall submit to the commissioner a bona fide listing agreement with a real estate agent or broker licensed in this state, documentation that the eligible single-family residence was for sale directly by the owner without a real estate agent or broker, or other appropriate documentation deemed sufficient by the commissioner to validate the eligiblity of the single-family residence for purposes of the tax credit under this Code section. (2) In the event the taxpayer files an electronic return, the documentation required under paragraph (1) of this subsection shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the department. In the event the taxpayer files an electronic return and such documentation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such documentation shall be maintained by the taxpayer and made available upon request of the commissioner. (e) The commissioner shall 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.

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

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt

Y Manning Marin
Y Martin Y Maxwell E May Y Mayo

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw

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Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey
Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton
Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 162, nays 4.

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

Representatives Knox of the 24th and Marin of the 96th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative May of the 111th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 480. By Representatives Geisinger of the 48th, Powell of the 29th, Rice of the 51st, Abrams of the 84th, Peake of the 137th and others:

A BILL to be entitled an Act to amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating, respectively, to motor vehicles and revenue and taxation, so as to provide for the comprehensive revision of taxation of

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motor vehicles; to change certain provisions regarding tag agents; to provide for title and registration fees and the disbursement of such fees; to change certain provisions regarding classification of motor vehicles as a separate class of property for ad valorem tax purposes; to provide for an additional classification exempt from such taxation; to provide for an exemption from sales and use taxes with respect to the sale or use of certain motor vehicles; to provide for related matters; to provide 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
To amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating, respectively, to motor vehicles and revenue and taxation, so as to provide for the comprehensive revision of taxation of motor vehicles; to change certain provisions regarding tag agents; to provide for state and local title fees; to provide for continuation of tag, revalidation, and registration fees; to provide for distribution of such state and local title fees; to exclude certain vehicles from certain fees; to change certain provisions regarding classification of motor vehicles as a separate class of property for ad valorem tax purposes; to provide for an additional classification exempt from such taxation; to provide for an exemption from sales and use taxes only with respect to certain sales or purchases of certain motor vehicles; to provide for related matters; to provide for certain reports; to provide for the intent of the General Assembly with regard to the allocation of certain funds received from such title fees and for funding the Georgia Trauma Trust Fund; to provide for related matters; to provide an for 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, is amended by revising Code Section 40-2-23, relating to county tax collectors and county tax commissioners designation as tax 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.

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(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)(b) 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 2. Said title is further amended by adding a new Code section to read as follows:
"40-2-25.1. (a)(1) Except as otherwise provided in this subsection, any motor vehicle for which a title is issued in this state on or after January 1, 2010, shall be exempt from sales tax to the extent provided under paragraph (87) of Code Section 48-8-3 and shall not be subject to ad valorem tax as otherwise required under Chapter 5 of Title 48. Any such motor vehicle shall be titled as otherwise required under this title but shall be subject to: (A) A state title fee in the amount equal to the lesser of $1,000.00 or an amount equal to 3.5 percent of the value of such vehicle as determined under the uniform evaluation of all motor vehicles prepared by the state revenue commissioner under Code Section 48-5-442; and (B) A local title fee in the amount equal to the lesser of $1,000.00 or an amount equal to 3.5 percent of the value of such vehicle as determined under the uniform evaluation of all motor vehicles prepared by the state revenue commissioner under Code Section 48-5-442. (2) A person or entity acquiring a salvage title pursuant to subsection (b) of Code Section 40-3-36 shall not be subject to the fee specified in paragraph (1) of this subsection but shall be subject to a state title fee in the amount of $10.00 and a local title fee in the amount of $10.00. Upon subsequent transfer of such motor vehicle, a person or entity shall be subject to the state and local title fees specified under paragraph (1) of this subsection following the rebuild or restoration of such motor vehicle.

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(3)(A) Upon the death of an owner of a motor vehicle which has not become subject to paragraph (1) of this subsection, the surviving spouse of such owner shall be authorized to transfer title of such motor vehicle and become subject to paragraph (1) of this subsection. Such transfer shall be subject to state and local title fees provided for in paragraph (1) of this subsection. (B) Upon the death of an owner of a motor vehicle which has become subject to paragraph (1) of this subsection, the surviving spouse of such owner shall be authorized to transfer title of such motor vehicle and shall be allowed a one-time exemption from the title fee upon payment in lieu thereof of a $50.00 administrative fee. (4) Any motor vehicle subject to state and local title fees under this subsection shall continue to be subject to the tag, revalidation decal, and registration requirements and applicable fees as otherwise provided in this title in the same manner as motor vehicles which are not subject to state and local title fees under this subsection. (5) Motor vehicles owned by or leased under a long-term lease by or to the state or any county, consolidated government, municipality, or county or independent school district in this state shall not be subject to the state and local title fees provided for under this subsection. (6) There shall be a penalty imposed on the transfer of all or any part of the interest in a business entity which includes one or more motor vehicles as an asset of such business entity when such transfer is done to evade the payment of state and local title fees under this subsection. Such penalty shall be in the amount of $5,000.00 per motor vehicle plus the amount of the state and local title fees. (7) Any owner of any motor vehicle who fails to submit within 30 days of the purchase of the vehicle or from the date the owner is otherwise required by law to register such vehicle in this state an application for a first certificate of title under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the state and local title fees required under this Code section, plus interest at the rate of 1.0 percent per month, unless a temporary permit has been issued by the tax commissioner. Such penalty and interest shall be in addition to the penalty and fee required under Code Section 40-321 or 40-3-32, as applicable. The amount of such penalty and interest for state title fees shall be deposited in the general fund of the state. The amount of such penalty and interest for local title fees shall be allocated and disbursed as required for title fee proceeds under paragraph (4) of this subsection. (b)(1) The amount of proceeds collected by tag agents each month as title fees pursuant to subsection (a) of this Code section shall be allocated and disbursed as provided in this subsection. (2)(A) For the 2010 tax year, the amount of funds collected by tag agents as title fees pursuant to this Code section shall be disbursed within 30 days as follows:
(i) State title fees and state salvage title fees shall be remitted to the state revenue commissioner who shall deposit such proceeds in the general fund of the state; and

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(ii) Local title fees and local salvage title fees shall be designated as local government funds and shall be disbursed based upon the address of the owner indicated upon the title to the governing authority of the county. The governing authority shall then distribute the proceeds as specified in paragraph (3) of this subsection. (B) For the 2011 tax year and in each subsequent tax year, the state title fee amount shall decrease by .05 of 1 percent, and the local title fee amount shall increase by .05 of 1 percent until the state title fee equals the lesser of 3.15 percent or $900.00 and the local title fee equals the lesser of 3.85 percent or $1,100.00. (3) The governing authority shall allocate and distribute to itself and to municipalities, the board of education of the county school district, and the board of education of any independent school district located in such county the local title fee as follows: (A) An amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district and the board of education of each independent school district located in such county in the same manner as required for any local sales tax for educational purposes levied pursuant to Part 2 of Article 3 of Chapter 8 of Title 48 currently in effect. If such tax is not currently in effect, such proceeds shall be distributed to such board or boards of education in the same manner as if such tax were in effect; (B)(i) Except as otherwise provided in this subparagraph, an amount equal to onethird of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 currently in effect. (ii) If such tax were never in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (iii) If such tax is currently in effect as well as a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment, an amount equal to one-third of such proceeds shall be distributed in the same manner as required under division (i) of this subparagraph and an amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district. (iv) If such tax is not currently in effect and a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment is currently in effect, such proceeds shall be distributed to the board of education of the county school district and the board of education of any independent school district in the same manner as required under that local constitutional amendment. (v) If such tax is not currently in effect and a homestead option sales and use tax under Article 2A of Chapter 8 of Title 48 is in effect, such proceeds shall be

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distributed to the governing authority of the county, each qualified municipality, and each existing municipality in the same proportion as otherwise required under Code Section 48-8-104; and (C)(i) An amount equal to one-third of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under an intergovernmental agreement or as otherwise required under the county special purpose local option sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 currently in effect; provided, however, that this division shall not apply if division (iii) of this subparagraph is applicable. (ii) If such tax were in effect but expired and is not currently in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as if such tax were still in effect according to the intergovernmental agreement or as otherwise required under the county special purpose local sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 for the 12 month period commencing at the expiration of such tax. If such tax is not renewed prior to the expiration of such 12 month period, such amount shall be distributed in accordance with division (i) of this subparagraph; provided, however, that if a tax under Article 2 of Chapter 8 of Title 48 is not in effect, such amount shall be distributed in accordance with division (ii) of this subparagraph. (iii) If such tax is not currently in effect in a county in which a tax is levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment, such proceeds shall be distributed to the governing body of the authority created by local Act to operate such metropolitan area system of public transportation. (iv) If such tax were never in effect, such proceeds shall be distributed in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 currently in effect; provided, however, that if such tax under said Article 2 is not in effect such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (c)(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 remitted to the state for deposit in the general fund pursuant to this Code section from state title fees. (2) It is the intent of the General Assembly that such funds be allocated as follows:

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(A) For each fiscal year, an amount equal to 105 percent of the amount of state sales and use taxes received by the state on the sale of motor vehicles in 2009 shall be used for general appropriations; (B) Subject to appropriation, an amount of those funds in excess of the amount provided in subparagraph (A) of this paragraph, if any, not to exceed the greater of $150 million or an amount equal to the aggregate of $50.00 for each title for which a state title fee was collected under subsection (a) of this Code section in the immediately preceding 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 31-11-102; and (C) For each fiscal year, all funds in excess of the amounts provided in subparagraphs (A) and (B) of this paragraph, if any, shall be used for general appropriations."
SECTION 3. Title 48 of Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-5-441, relating to classification of motor vehicles and mobile homes as separate classes of tangible property for ad valorem tax purposes, as follows:
"48-5-441. (a)(1) For the purposes of ad valorem taxation, motor vehicles are shall be classified as a separate and distinct class of tangible property. Such class of tangible property shall be divided into two distinct and separate subclasses of tangible property with one subclass including heavy-duty equipment motor vehicles as defined in Code Section 48-5-505 and the other subclass including all other motor vehicles. The procedures prescribed by this article for returning motor vehicles, excluding heavyduty equipment motor vehicles as defined in Code Section 48-5-505, for taxation, determining the applicable rates for taxation, and collecting the ad valorem tax imposed on motor vehicles shall be exclusive. (2) This subsection shall not apply to motor vehicles subject to Code Section 48-5441.1.
(b) For the purposes of ad valorem taxation, mobile homes are shall be classified as a separate and distinct class of tangible property. The procedures prescribed by this article for returning mobile homes for taxation, determining the applicable rates for taxation, and collecting the ad valorem tax imposed on mobile homes shall be exclusive.
(c)(1) For the purposes of ad valorem taxation, commercial vehicles are shall be classified as a separate and distinct class of tangible property. The procedures prescribed by this article for returning commercial vehicles for taxation and for determining the valuation of commercial vehicles shall be exclusive and as provided for in Code Section 48-5-442.1. All other procedures prescribed by this article for the taxation of motor vehicles shall be applicable to the taxation of commercial vehicles.

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(2) This subsection shall not apply to motor vehicles subject to Code Section 48-5441.1."
SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"48-5-441.1. Motor vehicles subject to the provisions of Code Section 40-2-25.1 shall be classified as a separate and district class of tangible property and shall be exempt from all ad valorem taxation."
SECTION 5. Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use tax, by replacing "; or" with a semicolon at the end of paragraph (85), replacing the period at the end of paragraph (86) with "; or", and by adding a new paragraph to read as follows:
"(87) The sale or purchase of any motor vehicle titled in this state on or after January 1, 2010, pursuant to Code Section 40-2-25.1."
SECTION 6. This Act shall become effective on January 1, 2010.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Titles 40 and 48 of the Official Code of Georgia Annotated, relating, respectively, to motor vehicles and revenue and taxation, so as to provide for the comprehensive revision of taxation of motor vehicles; to change certain provisions regarding tag agents; to provide for state and local title fees; to provide for continuation of tag, revalidation, and registration fees; to provide for distribution of such state and local title fees; to exclude certain vehicles from certain fees; to change certain provisions regarding classification of motor vehicles as a separate class of property for ad valorem tax purposes; to provide for an additional classification exempt from such taxation; to provide for an exemption from sales and use taxes only with respect to certain sales or purchases of certain motor vehicles; to provide for related matters; to provide for certain reports; to provide for the intent of the General Assembly with regard to the allocation of certain funds received from such title fees and for funding the Georgia Trauma Trust Fund; to provide for related matters; to provide for effective dates; to provide for automatic repeal of certain provisions and reenactment of prior provisions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by revising Code Section 40-2-23, relating to county tax collectors and county tax commissioners designation as tax 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)(b) 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 1-2. Said title is further amended by adding a new Code section to read as follows:
"40-2-25.1. (a)(1) Except as otherwise provided in this subsection, any motor vehicle for which a title is issued in this state on or after January 1, 2010, shall be exempt from sales tax to the extent provided under paragraph (87) of Code Section 48-8-3 and shall not be subject to ad valorem tax as otherwise required under Chapter 5 of Title 48. Any such motor vehicle shall be titled as otherwise required under this title but shall be subject to:

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(A) A state title fee in the amount equal to the lesser of $960.00 or 3.36 percent of the value of such vehicle as determined under the uniform evaluation of all motor vehicles prepared by the state revenue commissioner under Code Section 48-5-442; and (B) A local title fee in the amount equal to the lesser of $1,040.00 or 3.64 percent of the value of such vehicle as determined under the uniform evaluation of all motor vehicles prepared by the state revenue commissioner under Code Section 48-5-442. (2) A person or entity acquiring a salvage title pursuant to subsection (b) of Code Section 40-3-36 shall not be subject to the fee specified in paragraph (1) of this subsection but shall be subject to a state title fee in the amount of $10.00 and a local title fee in the amount of $10.00. Upon any transfer or transfers of such motor vehicle subsequent to the initial issuance of a salvage title, the transferee shall be subject to the state and local title fees specified under paragraph (1) of this subsection. (3)(A) Upon the death of an owner of a motor vehicle which has not become subject to paragraph (1) of this subsection, the surviving spouse of such owner shall either:
(i) Transfer title of such motor vehicle to such surviving spouse and become subject to paragraph (1) of this subsection. Such transfer shall be subject to state and local title fees provided for in paragraph (1) of this subsection; or (ii) Transfer title of such motor vehicle to such surviving spouse and continue to be subject to ad valorem tax. Such transfer shall not be subject to state and local title fees provided for in paragraph (1) of this subsection. (B) Upon the death of an owner of a motor vehicle which has become subject to paragraph (1) of this subsection, the surviving spouse of such owner shall transfer title of such motor vehicle to such surviving spouse and shall be allowed a one-time exemption from state and local titles fee upon payment in lieu thereof of a $25.00 state administrative fee and a $25.00 local administrative fee. (4) Any motor vehicle subject to state and local title fees under this subsection shall continue to be subject to the tag, revalidation decal, and registration requirements and applicable fees as otherwise provided in this title in the same manner as motor vehicles which are not subject to state and local title fees under this subsection. (5) Motor vehicles owned or leased by or to the state or any county, consolidated government, municipality, county or independent school district, or other government entity in this state shall not be subject to the state and local title fees provided for under this subsection; provided, however, that such other government entity shall not qualify for the exclusion under this paragraph unless it is exempt from ad valorem tax and sales and use tax pursuant to general law. (6) There shall be a penalty imposed on the transfer of all or any part of the interest in a business entity, which interest includes primarily as an asset of such business entity one or more motor vehicles, when such transfer is done to evade the payment of state and local title fees under this subsection. Such penalty shall be in the amount of a $2,500.00 state penalty per motor vehicle, a $2,500.00 local penalty per motor vehicle, plus the amount of the state and local title fees.

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(7) Any owner of any motor vehicle other than a new or used car dealer who fails to submit within 30 days of the purchase of the vehicle or from the date the owner is otherwise required by law to register such vehicle in this state an application for a first certificate of title under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the state title fees and 10 percent of the local title fees required under this Code section, plus interest at the rate of 1.0 percent per month, unless a temporary permit has been issued by the tax commissioner. Such penalty and interest shall be in addition to the penalty and fee required under Code Section 40-3-21 or 40-3-32, as applicable. The amount of such penalty and interest for state title fees shall be deposited in the general fund of the state. (b)(1) The amount of proceeds collected by tag agents each month as state and local title fees, state and local salvage title fees, administrative fees, penalties, and interest pursuant to subsection (a) of this Code section shall be allocated and disbursed as provided in this subsection.
(2)(A) For the 2010 tax year, the amount of such funds shall be disbursed within 30 days as follows:
(i) State title fees, state salvage title fees, administrative fees, penalties, and interest shall be remitted to the state revenue commissioner who shall deposit such proceeds in the general fund of the state; and (ii) Local title fees, local salvage title fees, administrative fees, penalties, and interest shall be designated as local government funds and shall be disbursed based upon the address of the owner indicated upon the title to the governing authority of the county. The governing authority shall then distribute the proceeds as specified in paragraph (3) of this subsection. (B) For the 2011 tax year and in each subsequent tax year: (i) The dollar amount specified in subparagraph (a)(1)(A) of this Code section shall decrease annually by $40.00, and the percentage figure specified in subparagraph (a)(1)(A) of this Code section shall decrease annually by .14 of 1 percent until the state title fee shall be in an amount equal to the lesser of $800.00 or 2.8 percent of the value of such vehicle as determined under the uniform evaluation of all motor vehicles prepared by the state revenue commissioner under Code Section 48-5-442; and (ii) The dollar amount specified in subparagraph (a)(1)(B) of this Code section shall increase annually by $40.00, and the percentage figure specified in subparagraph (a)(1)(B) of this Code section shall increase annually by .14 of 1 percent until the local title fee shall be in an amount equal to the lesser of $1,200.00 or 4.2 percent of the value of such vehicle as determined under the uniform evaluation of all motor vehicles prepared by the state revenue commissioner under Code Section 48-5-442. (3) The distribution of local title fee proceeds required under this subsection shall be in accordance with the following:

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(A) Upon receipt of the monthly disbursement of local government funds from the tag agent, the governing authority of the county shall within 30 days allocate and distribute to itself and to municipalities, the board of education of the county school district, and the board of education of any independent school district located in such county a proportionate amount of those proceeds which represents the amount of ad valorem taxes on motor vehicles which would have been due to each such entity; and (B) Of the proceeds remaining following the allocation and distribution under subparagraph (A) of this paragraph, the governing authority shall allocate and distribute to itself and to municipalities, the board of education of the county school district, and the board of education of any independent school district located in such county the remaining amount of those proceeds in the manner provided in this subparagraph. Of such remaining proceeds:
(i) An amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district and the board of education of each independent school district located in such county in the same manner as required for any local sales tax for educational purposes levied pursuant to Part 2 of Article 3 of Chapter 8 of Title 48 currently in effect. If such tax is not currently in effect, such proceeds shall be distributed to such board or boards of education in the same manner as if such tax were in effect;
(ii)(I) Except as otherwise provided in this division, an amount equal to onethird of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 currently in effect. (II) If such tax were never in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (III) If such tax is currently in effect as well as a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment, an amount equal to one-third of such proceeds shall be distributed in the same manner as required under subdivision (I) of division (ii) of this subparagraph and an amount equal to one-third of such proceeds shall be distributed to the board of education of the county school district. (IV) If such tax is not currently in effect and a local option sales and use tax for educational purposes levied pursuant to a local constitutional amendment is currently in effect, such proceeds shall be distributed to the board of education of the county school district and the board of education of any independent school district in the same manner as required under that local constitutional amendment.

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(V) If such tax is not currently in effect and a homestead option sales and use tax under Article 2A of Chapter 8 of Title 48 is in effect, such proceeds shall be distributed to the governing authority of the county, each qualified municipality, and each existing municipality in the same proportion as otherwise required under Code Section 48-8-104; and (iii)(I) An amount equal to one-third of such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as specified under an intergovernmental agreement or as otherwise required under the county special purpose local option sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 currently in effect; provided, however, that this subdivision shall not apply if subdivision (III) of division (ii) of this subparagraph is applicable. (II) If such tax were in effect but expired and is not currently in effect, such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county in the same manner as if such tax were still in effect according to the intergovernmental agreement or as otherwise required under the county special purpose local sales and use tax under Part 1 of Article 3 of Chapter 8 of Title 48 for the 12 month period commencing at the expiration of such tax. If such tax is not renewed prior to the expiration of such 12 month period, such amount shall be distributed in accordance with subdivision (I) of division (ii) of this subparagraph; provided, however, that if a tax under Article 2 of Chapter 8 of Title 48 is not in effect, such amount shall be distributed in accordance with subdivision (II) of division (ii) of this subparagraph. (III) If such tax is not currently in effect in a county in which a tax is levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment, such proceeds shall be distributed to the governing body of the authority created by local Act to operate such metropolitan area system of public transportation. (IV) If such tax were never in effect, such proceeds shall be distributed in the same manner as specified under the distribution certificate for the joint county and municipal sales and use tax under Article 2 of Chapter 8 of Title 48 currently in effect; provided, however, that if such tax under said Article 2 is not in effect such proceeds shall be distributed to the governing authority of the county and the governing authority of each qualified municipality located in such county on a pro rata basis according to the ratio of the population that each such municipality bears to the population of the entire county. (c)(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

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remitted to the state for deposit in the general fund pursuant to this Code section from state title fees. (2) It is the intent of the General Assembly that such funds be allocated as follows:
(A) For each fiscal year, an amount equal to 105 percent of the amount of state sales and use taxes received by the state on the sale of motor vehicles in 2009 shall be used for general appropriations; (B) Subject to appropriation, an amount of those funds in excess of the amount provided in subparagraph (A) of this paragraph, if any, not to exceed the greater of $150 million or an amount equal to the aggregate of $50.00 for each title for which a state title fee was collected under subsection (a) of this Code section in the immediately preceding 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 31-11-102; and (C) For each fiscal year, all funds in excess of the amounts provided in subparagraphs (A) and (B) of this paragraph, if any, shall be used for general appropriations."
SECTION 1-3. Title 48 of Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-5-441, relating to classification of motor vehicles and mobile homes as separate classes of tangible property for ad valorem tax purposes, as follows:
"48-5-441. (a)(1) For the purposes of ad valorem taxation, motor vehicles are shall be classified as a separate and distinct class of tangible property. Such class of tangible property shall be divided into two distinct and separate subclasses of tangible property with one subclass including heavy-duty equipment motor vehicles as defined in Code Section 48-5-505 and the other subclass including all other motor vehicles. The procedures prescribed by this article for returning motor vehicles, excluding heavyduty equipment motor vehicles as defined in Code Section 48-5-505, for taxation, determining the applicable rates for taxation, and collecting the ad valorem tax imposed on motor vehicles shall be exclusive. (2) This subsection shall not apply to motor vehicles subject to Code Section 48-5441.1.
(b) For the purposes of ad valorem taxation, mobile homes are shall be classified as a separate and distinct class of tangible property. The procedures prescribed by this article for returning mobile homes for taxation, determining the applicable rates for taxation, and collecting the ad valorem tax imposed on mobile homes shall be exclusive.
(c)(1) For the purposes of ad valorem taxation, commercial vehicles are shall be classified as a separate and distinct class of tangible property. The procedures prescribed by this article for returning commercial vehicles for taxation and for determining the valuation of commercial vehicles shall be exclusive and as provided

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for in Code Section 48-5-442.1. All other procedures prescribed by this article for the taxation of motor vehicles shall be applicable to the taxation of commercial vehicles. (2) This subsection shall not apply to motor vehicles subject to Code Section 48-5441.1."
SECTION 1-4. Said title is further amended by adding a new Code section to read as follows:
"48-5-441.1. Motor vehicles subject to the provisions of Code Section 40-2-25.1 shall be classified as a separate and district class of tangible property and shall be exempt from all ad valorem taxation."
SECTION 1-5. Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use tax, by replacing "; or" with a semicolon at the end of paragraph (85), replacing the period at the end of paragraph (86) with "; or", and by adding a new paragraph to read as follows:
"(87) The sale or purchase of any motor vehicle titled in this state on or after January 1, 2010, pursuant to Code Section 40-2-25.1."
PART II SECTION 2-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by repealing in its entirety Code Section 40-2-25.1, relating to motor vehicle title fees and trauma funding.
SECTION 2-2. Title 48 of Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-5-441, relating to classification of motor vehicles and mobile homes as separate classes of tangible property for ad valorem tax purposes, as follows:
"48-5-441. (a)(1) For the purposes of ad valorem taxation, motor vehicles shall be are classified as a separate and distinct class of tangible property. Such class of tangible property shall be divided into two distinct and separate subclasses of tangible property with one subclass including heavy-duty equipment motor vehicles as defined in Code Section 48-5-505 and the other subclass including all other motor vehicles. The procedures prescribed by this article for returning motor vehicles, excluding heavyduty equipment motor vehicles as defined in Code Section 48-5-505, for taxation, determining the applicable rates for taxation, and collecting the ad valorem tax imposed on motor vehicles shall be exclusive.

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(2) This subsection shall not apply to motor vehicles subject to Code Section 48-5441.1. (b) For the purposes of ad valorem taxation, mobile homes shall be are classified as a separate and distinct class of tangible property. The procedures prescribed by this article for returning mobile homes for taxation, determining the applicable rates for taxation, and collecting the ad valorem tax imposed on mobile homes shall be exclusive. (c)(1) For the purposes of ad valorem taxation, commercial vehicles shall be are classified as a separate and distinct class of tangible property. The procedures prescribed by this article for returning commercial vehicles for taxation and for determining the valuation of commercial vehicles shall be exclusive and as provided for in Code Section 48-5-442.1. All other procedures prescribed by this article for the taxation of motor vehicles shall be applicable to the taxation of commercial vehicles. (2) This subsection shall not apply to motor vehicles subject to Code Section 48-5441.1."

SECTION 2-3. Said title is further amended by repealing in its entirety Code Section 48-5-441.1, relating to classification of motor vehicles subject to Code Section 40-2-25.1 as a separate class of property.

SECTION 2-4. Said title is further amended in Code Section 48-8-3, relating to exemptions from sales and use tax, by repealing and reserving paragraph (87).

PART III SECTION 3-1.

(a) Part 1 of this Act and this part shall become effective on January 1, 2010. (b) Part 2 of this Act shall become effective at the last moment of December 31, 2014.

SECTION 3-2. 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:

N Abdul-Salaam Y Abrams Y Allison Y Amerson

N Crawford Y Davis, H Y Davis, S N Dawkins-Haigler

Y Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin Y Martin Y Maxwell

Y Rynders Y Scott, A E Scott, M Y Sellier

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Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
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, D Y Collins, T Y Cooper Y Cox

Y Day Y Dempsey Y Dickson Y Dobbs E Dollar N Dooley E Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd N Fludd Y Franklin N Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield N Heard

Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James 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 Lindsey N Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall N Reece E Reese Y Rice Y Roberts Y Rogers

Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon 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 133, nays 39.

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

Representatives Collins of the 95th and Franklin of the 43rd stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

House of Representatives Atlanta, Georgia 30334

03/12/2009 13:10 HRS

To the Journal-

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I support HB-480 based on an expectation that the Senate will amend the Bill to return any surplus funds to taxpayers in the form of a floating homestead exemption or other tax relief.
/s/ Ed Setzler Rep. Ed Setzler
By unanimous consent, the following Bill of the House was withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
HB 523. By Representatives Lunsford of the 110th, Cooper of the 41st, Harbin of the 118th, Randall of the 138th, Jerguson of the 22nd and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to provide that a brand necessary indication applies to refills; 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 Speaker announced the House in recess until 2:00 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 109. By Senator Smith of the 52nd:
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 certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of Georgia, and the Council of Juvenile Court Judges, as appropriate; to provide for certain reporting; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 228. By Senators Tolleson of the 20th, Grant of the 25th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to provide for buffers along certain tidally influenced state waters; to exempt certain man-made impoundments; to provide for rules and regulations; to provide for applicability; to repeal conflicting laws; and for other purposes.
SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:
A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 246. By Senators Balfour of the 9th, Hawkins of the 49th, Unterman of the 45th and Johnson of the 1st:
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, so as to provide notice of the release of a child from detention under certain circumstances; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 626. By Representatives Murphy of the 120th, Richardson of the 19th, Ehrhart of the 36th, Hugley of the 133rd, Porter of the 143rd and others:
A RESOLUTION recognizing Chief Justice Leah Ward Sears on the occasion of her retirement from the Supreme Court of Georgia and inviting her to appear before the House of Representatives; and for other purposes.
HR 627. By Representatives Burns of the 157th, Stephens of the 164th, Greene of the 149th, Keen of the 179th, Burkhalter of the 50th and others:
A RESOLUTION celebrating the 275th anniversary of the arrival of the first Salzburgers in Georgia, commending the Georgia Salzburger Society, and inviting them to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read:
HR 623. By Representative Murphy of the 120th:
A RESOLUTION recognizing and commending the 2009 Divine Performing Arts Chinese Spectacular; and for other purposes.
HR 628. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Elaina McLean, Apalachee High School's 2009 STAR Student; and for other purposes.
HR 629. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Charlotte Lawson, Winder-Barrow High School's and Barrow County's 2009 STAR Student; and for other purposes.

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HR 630. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION recognizing and commending Dr. Larry R. Johnson on the occasion of his retirement; and for other purposes.
HR 631. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION recognizing and commending Dr. Betty Joe Wallace; and for other purposes.
HR 632. By Representatives England of the 108th and Benton of the 31st:
A RESOLUTION commending Whitney Neufeldt, Winder-Barrow High School's 2009 STAR Student; and for other purposes.
HR 633. By Representatives Greene of the 149th, McCall of the 30th, Roberts of the 154th, Hanner of the 148th, Shaw of the 176th and others:
A RESOLUTION recognizing and commending the Peanut Proud Day Expo; and for other purposes.
HR 634. By Representative Maddox of the 127th:
A RESOLUTION recognizing and commending Mr. Benjamin F. Williams; and for other purposes.
HR 635. By Representative Smith of the 129th:
A RESOLUTION recognizing and commending Ms. Merrill BoyntonCheyne for outstanding contributions to education in the State of Georgia; and for other purposes.
HR 636. By Representatives Kaiser of the 59th, Fludd of the 66th and Porter of the 143rd:
A RESOLUTION congratulating and commending Wheat Street Baptist Church; and for other purposes.
HR 637. By Representative Hill of the 21st:
A RESOLUTION recognizing and commending Zach Frey; and for other purposes.

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HR 638. By Representatives Kaiser of the 59th, Fludd of the 66th and Porter of the 143rd:

A RESOLUTION recognizing and commending Ebenezer Baptist Church in Atlanta, Georgia; and for other purposes.

HR 639. By Representative Jones of the 44th:

A RESOLUTION recognizing March 25, 2009, as District 44 Day at the state capitol; and for other purposes.

HR 640. By Representatives Taylor of the 55th, Greene of the 149th, Davis of the 122nd, Collins of the 95th, Heard of the 114th and others:

A RESOLUTION recognizing and commending District Coordinator of the National Foundation for Women Legislators Honorable Sharon BeasleyTeague, Commissioner Connie Stokes, the National Foundation for Women Legislators, Liz Claiborne, Inc., the National Association of Attorneys General, and others working to address the issue of teen dating violence; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Bryant Y Buckner Burkhalter Y Burns Butler Y Byrd Carter, A Y Carter, B

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner E Dukes Y Ehrhart Y England
Epps, C Y Epps, J Y Everson
Floyd Fludd Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton

Y Heckstall Hembree Henson Hill, C
Y Hill, C.A Y Holt Y Horne
Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox

Y Manning Y Marin
Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix
Oliver O'Neal Parham Y Parrish Y Parsons Y Peake Porter

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler
Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Y Sinkfield
Smith, B Y Smith, L
Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson

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

Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall
Reece E Reese
Rice Y Roberts Y Rogers

On the adoption of the Resolutions, the ayes were 129, nays 0.

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

The Resolutions were adopted.

Representative Powell of the 29th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 44. By Representatives Graves of the 12th, Loudermilk of the 14th, Ramsey of the 72nd, Scott of the 2nd, Levitas of the 82nd 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 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.

The following Committee substitute 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:

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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 2010 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 onequarter 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 three years, and each program shall use zero-base budgeting at least 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 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. (f) Without in any way limiting the generality of the other provisions of this Code section, it is specifically provided that in the budget report presented to the General Assembly in January of 2010 the Department of Education's budget shall be submitted as a zero-base budget according to the guidelines contained in this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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2613

The report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby
Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L
Smith, R Y Smith, T Y Smith, V Y Smyre
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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.

Representatives Day of the 163rd, Knox of the 24th, Powell of the 29th, 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.

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HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; 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 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, is amended by adding a new Code section to read as follows:
"2-1-6. No county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt any ordinance, rule, regulation, or resolution regulating crop management or animal husbandry practices involved in the production of agricultural or farm products on any property where such agricultural use is in compliance with applicable zoning, if any."

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:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler

Y Heckstall Y Hembree
Henson Y Hill, C

Y Manning Y Marin Y Martin Y Maxwell

Y Rynders Y Scott, A Y Scott, M Y Sellier

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2615

Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black 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
Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley N Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas N Thompson Y Walker Y Weldon 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 3.

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 455. By Representatives Neal of the 1st, Lindsey of the 54th, Casas of the 103rd, Ashe of the 56th, England of the 108th and others:

A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for certificated personnel in elementary and secondary education, so as to temporarily extend certain deadlines; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 N Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey
Dickson Y Dobbs Y Dollar Y Dooley N Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James Y Jerguson Y 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 Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 160, nays 8.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

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 248. By Representatives Barnard of the 166th, Ehrhart of the 36th, Drenner of the 86th, Everson of the 106th, Reese of the 98th and others:

THURSDAY, MARCH 12, 2009

2617

A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; 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 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, is amended by adding a new part to read as follows:
"Part 3
12-8-100. This part shall be known and may be cited as the 'Georgia Voluntary Remediation Program Act.'
12-8-101. (a) It is declared to be the public policy of the State of Georgia to encourage the voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing

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human and environmental exposure to safe levels, to protect current and likely future use of groundwater, and to ensure the cost-effective allocation of limited resources that fully accomplish the provisions, purposes, standards, and policies of this part. (b) The General Assembly declares its intent to encourage voluntary and cost-effective investigation and remediation of qualifying properties under this part and that provisions of this part shall apply and take precedence over any conflicting provisions, regulations, or policies existing under Part 2 of this article with regard to any properties properly enrolled in the voluntary remediation program created under this part.
12-8-102. (a) Unless otherwise provided in this part, the definition of all terms included in Code Sections 12-8-62, 12-8-92, and 12-8-202 shall be applicable to this part. (b) As used in this part, the term:
(1) 'Cleanup standards' means those rules and regulations adopted by the board pursuant to Code Section 12-8-93. (2) 'Constituents of concern' means the specific regulated substances that may contribute to unacceptable exposure at a site. (3) 'Controls' means institutional controls or engineering controls. (4) 'Engineering controls' means any physical mechanism, device, measure, system, or actions taken at a property that minimize the potential for exposure, control migration or dispersal, or maintain the effectiveness of other remedial actions. Engineering controls may include, without limitation, caps, covers, physical barriers, containment structures, leachate collection systems, ground water or surface water control systems, solidification, stabilization, treatment fixation, slurry walls, and vapor control systems. Engineered property development features shall be acceptable as engineering controls provided these features physically control or eliminate the potential for exposure to contaminants of concern or control migration. (5) 'Exposure' means contact of a constituent of concern with a receptor. (6) 'Exposure domain' means the contaminated geographical area or areas of a site that can result in exposure to a particular receptor by a specified exposure pathway: the soil exposure domain for routine surficial contact with site soils is the soil area impacted by site constituents of concern from the ground surface down to a depth of two feet below ground surface; the soil exposure domain for exposure of construction workers or underground utility workers is the impacted area of site soils from the ground surface down to the depth of construction; and the soil exposure domain for protection of groundwater at an established point of exposure is the impacted area of site soils from the ground surface down to the uppermost groundwater zone. (7) 'Exposure pathway' means a route by which a receptor comes into contact with a constituent of concern. (8) 'Fate and transport parameters' means quantitative factors that describe the various media through which constituents of concern migrate from a source of release to a receptor.

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(9) 'Institutional controls' means legal or administrative measures that minimize the potential for human exposure to contaminants of concern or protect and enhance the integrity of a remedy or engineering controls. Examples include, without restriction: easements, covenants, deed notices, well drilling or groundwater use prohibitions, zoning restrictions, digging restrictions, orders, building permit conditions, and landuse restrictions. (10) 'Point of demonstration wells' means monitoring wells located between the source of site groundwater contamination and the actual or estimated downgradient point of exposure. (11) 'Point of exposure' means the nearest of the following locations:
(A) The closest existing down gradient drinking water supply well; (B) The likely nearest future location of a downgradient drinking water supply well where public supply water is not currently available and is not likely to be made available within the foreseeable future; or (C) The hypothetical point of drinking water exposure located at a distance of 1000 feet downgradient from the delineated site contamination under this part. (12) 'Proof of financial assurance' means a mechanism, in a form specified by the director, designed to demonstrate that sufficient funds will be available to implement and maintain specific actions or controls. Mechanisms for proof of financial assurance include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, performance bonds, certificates of deposit, financial tests, and corporate guarantees. (13) 'Receptor' means any human or sensitive organism which is or has the reasonable potential to be adversely affected by the release of constituents of concern. (14) 'Representative concentration' means the average concentration to which a specified receptor is exposed over an exposure duration within a relevant exposure domain for soils or at an established or estimated point of exposure for groundwater and consistent with United States Environmental Protection Agency guidance for determination of average exposure concentration. (15) 'Voluntary remediation program' means the program established under this part. (16) 'Voluntary remediation property' means a qualifying property enrolled in the voluntary remediation program. (17) 'Technical impracticability' means the inability to fully delineate or remediate contamination without incremental expenditures disproportionate to the incremental benefit. An example may include, without limitation, dense non-aqueous phase liquids in fractured bedrock settings.
12-8-103. The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as necessary to provide for the investigation and remediation of voluntary remediation properties, to the extent necessary to facilitate the accomplishment of the provisions, purposes, standards, and policies of this part.

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12-8-104. (a) The director shall have the power and duty:
(1) To make determinations, in accordance with procedures and criteria enumerated in this part, as to whether a property qualifies and an applicant is eligible for the voluntary remediation program; (2) To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, voluntary remediation plans; (3) To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, compliance status reports; (4) To concur with certifications of compliance; (5) To collect application fees from participants; and (6) To grant waivers of all or any portion of the fees provided by this part for any small business or for any county, municipality, or other political subdivision of this state. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper.
12-8-105. In order to be considered a qualifying property for the voluntary remediation program under this part, a property shall meet the following criteria:
(1) The property must be listed on the inventory under Part 2 of this article or be a property which meets the criteria of Code Section 12-8-205 or otherwise have a release of regulated substances into the environment; (2) The property shall not:
(A) Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq.; (B) Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency; or (C) Be a facility required to have a permit under Code Section 12-8-66; (3) Qualifying the property under this part would not violate the terms and conditions under which the division operates and administers remedial programs by delegation or similar authorization from the United States Environmental Protection Agency; and (4) Any lien filed under subsection (e) of Code Section 12-8-96 or subsection (b) of Code Section 12-13-12 against the property shall be satisfied or settled and released by the director pursuant to Code Section 12-8-94 or Code Section 12-13-6.
12-8-106. A participant in the voluntary remediation program must meet the following criteria:
(1) Be the property owner of the voluntary remediation property or have express permission to enter another's property to perform corrective action including, to the

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extent applicable, implementing controls for the site pursuant to written lease, license, order, or indenture; (2) Not be in violation of any order, judgement, statute, rule, or regulation subject to the enforcement authority of the director; and (3) Meet other such criteria as may be established by the board pursuant to Code Section 12-8-103.
12-8-107. (a) In order to enroll any qualifying property in the voluntary remediation program described in this part, an applicant shall submit to the director a voluntary remediation plan prepared by a registered professional engineer or a registered professional geologist who is registered with the State Board of Registration for Professional Engineers and Land Surveyors or the State Board of Registration for Geologists and who has experience in responsible charge of the investigation and remediation of such releases. The voluntary remediation plan shall be in such streamlined form as may be prescribed by the director; provided, however, that the plan shall, at minimum, enumerate and describe those actions planned to bring the qualifying property into compliance with the applicable cleanup standards, with one or more registered professionals to be retained by the applicant at its sole cost to oversee the investigation and remediation described in the plan; all in accordance with the provisions, purposes, standards, and policies of the voluntary remediation program. The voluntary remediation plan shall be considered an application for enrollment in the voluntary remediation program, and a nonrefundable application fee of $5,000.00 shall be submitted with the application. The director may, at any time, invoice the participant for any costs to the division in reviewing the application or subsequent document that exceed the initial application review fee, including reasonably detailed itemization and justification of the costs. Failure to remit payment within 60 days of receipt of such invoice may cause rejection of the participant from the voluntary remediation program. The director may not issue a written concurrence with a certification of compliance if there is an outstanding fee to be paid by the participant. (b) Upon the director's approval of the voluntary remediation plan described in subsection (a) of this Code section, the qualifying property shall be deemed enrolled, and the applicant deemed a participant, in the voluntary remediation program. It shall be the responsibility of the participant to cause one or more registered professionals to oversee the implementation of said plan in accordance with the provisions, purposes, standards, and policies of this part. The registered professional shall submit at least semi-annual status reports to the director describing the implementation of the plan during the preceding period. Upon request of the applicant, the director shall have the discretion to approve annual or longer periods for submittal of status reports. Within 30 days of the director's approval of the voluntary remediation plan described in subsection (a) of this Code section, the director shall cause the relevant voluntary remediation property to be designated on the inventory under Part 2 of this article as undergoing corrective action pursuant to the voluntary remediation program.

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(c) The director may issue an order requiring the participant to submit proof of financial assurance for continuing actions or controls upon issuance of the director's approval with the voluntary remediation plan. (d) The participant may terminate at any time the enrollment of the property in the voluntary remediation program and the participant's requirements under this part. The director may terminate, at any time prior to approval of the compliance status report described in subsection (e) of this Code section, the enrollment of the property in the voluntary remediation program and the participant's requirements under this part if the director determines that either:
(1) The participant has failed to implement the voluntary remediation plan in accordance with the provisions, purposes, standards, and policies of the voluntary remediation program; or (2) Such continued enrollment would result in a condition which poses an imminent or substantial danger to human health and the environment. (e) Upon completion of corrective action under this Code section, the participant shall cause to be prepared a compliance status report confirming consistency of the corrective action with the provisions, purposes, standards, and policies of the voluntary remediation program and certifying the compliance of the relevant voluntary remediation property with the applicable cleanup standards in effect at the time. (f) Upon receipt of the compliance status report described in subsection (d) of this Code section, a decision of concurrence with the report and certification shall be issued on evidence satisfactory to the director that it is consistent with the provisions, purposes, standards, and policies of the voluntary remediation program. The participant shall comply with the applicable public participation requirements for compliance status reports as promulgated pursuant to Part 2 of this article. Within 90 days of the director's written concurrence, the director shall cause the property to be removed from the inventory under Part 2 of this article. (g) In addition to other provisions of this part: (1) The director shall remove the voluntary remediation property from the inventory if the participant demonstrates to the director at the time of enrollment, in accordance with rules and regulations promulgated by the board pursuant to Part 2 of this article, that a release exceeding a reportable quantity did not exist at the voluntary remediation property, unless the director issues a decision that such release poses an imminent or substantial danger to human health and the environment; (2) The participant shall not be required to perform corrective action or to certify compliance for groundwater if the voluntary remediation property was listed on the inventory as a result of a release to soil exceeding a reportable quantity for soil but was not listed on the inventory as a result of a release to groundwater exceeding a reportable quantity, and if the participant further demonstrates to the director at the time of enrollment that a release exceeding a reportable quantity for groundwater does not exist at the voluntary remediation property; and the groundwater protection requirements for soils shall be based on protection of the established point of exposure for groundwater as provided under this part. The director may require

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annual groundwater monitoring for up to five years for a voluntary remeditation property removed from the inventory pursuant to this paragraph unless the director determines that further monitoring is necessary to protect human health and the environment; and (3) The limitations provided under subparagraph (c)(3)(B) of Code Section 12-2-2 shall not apply to the director's decisions or actions under this part. (h) Any voluntary remediation property or site relying on controls, including, but not limited to, groundwater use restrictions for the purposes of certifying compliance with cleanup standards, shall execute a covenant restricting such use in conformance with O.C.G.A. 44-16-1, et seq., the 'Georgia Uniform Environmental Covenants Act.' The division shall maintain an inventory of such properties as provided for in that statute.
12-8-108. At the participant's option, any or all of the following standards and policies may be considered and used in connection with the investigation and remediation of a voluntary remediation property under this part:
(1) Site delineation concentration criteria. Satisfactory evidence of the definition of the horizontal and vertical delineation of soil or groundwater contamination for the purposes of this part may be determined on the basis of any of the following concentrations; provided, however, that the provisions of subparagraphs (B) and (C) of this paragraph shall not be used if the concentrations are higher than as provided in subparagraph (E) of this paragraph:
(A) Concentrations from an appropriate number of samples that are representative of local ambient or anthropogenic background conditions not affected by the subject site release; (B) Soil concentrations less than those concentrations that require notification under standards promulgated by the board pursuant to Part 2 of this article; (C) Two times the laboratory lower detection limit concentration using an applicable analytical test method recognized by the United States Environmental Protection Agency, provided that such concentrations do not exceed all cleanup standards; (D) For metals in soils, the concentrations reported for Georgia undisturbed native soil samples as reported in the United States Geological Survey (USGS) Open File Report 8 1-197 (Boerngen and Shacklette, 1981), or such later version as may be adopted by rule or regulation of the board; or (E) Default, residential cleanup standards; (2) Exposure pathway. A site-specific exposure pathway shall be considered complete if there are no discontinuities in or impediments to constituent of concern movement, including without limitation controls, from the source of the release to the receptor. Otherwise, the exposure pathway shall be incomplete and there shall be no exposure pathway that requires evaluation; (3) Representative exposure concentrations. Compliance with site-specific cleanup standards shall be determined on the basis of representative concentrations of

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constituents of concern in soils across each applicable soil exposure domain, and the representative concentrations for groundwater at a point of exposure; (4) Point of demonstration monitoring for groundwater. Concentrations of sitespecific constituents of concern in groundwater shall be measured and evaluated at a point of demonstration well to demonstrate that groundwater concentrations are protective of any established downgradient point of exposure; (5) Cleanup standards for soil. Compliance with site-specific cleanup standards for soil may be based on:
(A) Direct exposure factors for surficial soils within two feet of the land surface; (B) Construction worker exposure factors for subsurface soils to a specified subsurface construction depth; and (C) Soil concentrations for protection of groundwater criteria (at an established point of exposure for groundwater as defined under this part) for soils situated above the uppermost groundwater zone. Whenever such depth-specific soil criteria are applied, the voluntary remediation plan for the site shall include a description of the continuing actions and controls necessary to maintain compliance; (6) Available Cleanup standards. Any cleanup standard lawfully promulgated pursuant to Code Section 12-8-93 that is protective of human health and the environment and accomplishes the provisions, purposes, standards, and policies of this part may be used without demonstrating that a different cleanup standard is inappropriate or impracticable; (7) Fate and transport parameters. Compliance with site-specific cleanup standards may be determined on the basis of any fate and transport model recognized by the United States Environmental Protection Agency or United States Geological Survey and using most probable representative values for model parameters as adopted by the board; (8) Source material. Compliance with site-specific cleanup standards that require that source material be removed may be satisfied when such material is removed, decontaminated, or otherwise immobilized in the subsurface, to the extent practicable; and (9) Technical impracticability. Site delineation or remediation beyond the point of technical impracticability shall not be required if the site does not otherwise pose an imminent or substantial danger to human health and the environment."
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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2625

The report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons
Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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.

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.

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HB 367. By Representative Knight of the 126th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to provide for permits for the construction and maintenance of boat shelters on High Falls Lake; to provide for a transition period; to provide for a fee; to provide for inspections; 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to provide for permits for the construction and maintenance of boat shelters on High Falls Lake; to provide for a transition period; to provide for a fee; to provide for inspections; 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, is amended by revising Code Section 12-334, relating to permits for construction, maintenance, and use of boat docks on High Falls Lake, as follows:
"12-3-34. (a) The Department of Natural Resources is authorized to issue revocable permits for the construction, maintenance, and use of boat docks and boat shelters on High Falls Lake by the owners or lessees of private property abutting the high-water mark of such lake. Such permits shall constitute limited revocable licenses. Such permits shall be issued for periods of three years from the date of issuance and shall be transferable; provided, however, that in order to stagger the renewal periods, the department is authorized to issue permits of one- or two-year duration with the fee prorated appropriately. The fee for such permit for each three-year period shall be fixed by rule or regulation of the Board of Natural Resources in a reasonable amount not to exceed $50.00 $75.00 for boat docks and $75.00 for boat shelters. The fees collected for such permits shall be miscellaneous funds for purposes of use by the Department of Natural Resources pursuant to Code Section 12-3-2. (b) No person shall construct or maintain a boat dock or boat shelter below the highwater mark of High Falls Lake without a valid permit from the Department of Natural Resources. It shall be the duty of the owner of any boat dock or boat shelter on High Falls Lake to keep such dock or shelter in good repair. All such boat docks and boat

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shelters shall conform to standards for construction, design, maintenance, and repair specified in rules and regulations of the department and restrictions or conditions in the permit. It shall be the duty of the owner of such boat dock or boat shelter to remove any such dock or shelter which is not in compliance with such rules and regulations or permit. (c) It shall be the duty of the owner of any boat dock or boat shelter or the holder of any permit issued under this Code section to notify the department when he or she sells or otherwise transfers the property for which the boat dock or boat shelter is permitted. (d) The department and any official or employee thereof is authorized to inspect any boat dock or boat shelter on High Falls Lake and to remove or cause to be removed any such dock or shelter for which a permit is not in effect or which violates the standards for construction, design, maintenance, and repair or the permit conditions imposed by the department. (e) This Code section shall not affect the validity of any permit in effect on March 1, 1993, and the owners of docks for which such permits are in effect on March 1, 1993, may maintain such docks and enjoy the use thereof for the remainder of the period for which such permits were issued, subject to the terms and conditions thereof. (f)(e) The Board of Natural Resources is authorized to adopt rules and regulations necessary or convenient to carry out this Code section and is authorized to impose reasonable terms and conditions on the granting of permits and the construction of boat docks and boat shelters on High Falls Lake by the owners or lessees of private property abutting the high-water mark of such lake. (g)(f) Any permit may be revoked by the department for any violation of this Code section, any rule or regulation of the Board of Natural Resources, or any condition contained in such permit."

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 Allison Y Amerson Y Anderson

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day

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

Y Manning Y Marin Y Martin Y Maxwell Y May

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler

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Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby
Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 163, 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.

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 126. By Representatives Lindsey of the 54th and Willard of the 49th:

A BILL to be entitled an Act to amend Title 10 of the O.C.G.A., relating to commerce and trade, so as to enact the Uniform Electronic Transactions Act; to provide for automated transactions; to provide for transferable records; to

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provide for acceptance and distribution of electronic records by governmental agencies; to provide for exclusions; to provide for applicability; to provide for relief from the unauthorized use of electronic signatures; to amend Titles 14, 15, 31, 33, 43, 44, and 50 of the Official Code of Georgia Annotated, relating to corporations, courts, health, insurance, professions and businesses, property, and state government, respectively, so as to correct crossreferences; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Pruett of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 540. By Representatives Scott of the 153rd and Yates of the 73rd:
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 remove references to ballot cards; to provide a time within which financial institutions must certify wrongful dishonor of candidate qualifying checks; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to remove references to ballot cards; to provide a time within which financial institutions must certify wrongful dishonor of candidate qualifying checks; to provide that a candidate who submits an improper nomination petition shall not be qualified; to provide that a valid signature on a petition shall be sufficient to remove an elector from the inactive list regardless of the validity of the petition as a whole; to provide that registration applications may be mailed to the board of registrars; to provide for the date stamping of voter registration applications that do not contain a date stamp or contain an illegible date stamp; to provide for the confidentiality of certain information; to provide for the procedure for voting a challenged ballot; to provide that no election shall be held in a precinct in which there are no opposed candidates unless there is a qualified write-in candidate; to provide that DRE units shall be demonstrated on request and do not have to be on display during the month preceding a primary or election; to delete the reasons for voting by absentee ballot; to provide that absentee ballots may be requested by electronic transmission; to provide for additional sites for the board of registrars and absentee ballot clerks; to repeal the requirement that counties having a population of between 88,000 and 90,000 according to the 1990 census or any future census shall designate any branch of the courthouse or courthouse annex as an additional registrar's office; to require jurisdictions using DRE units for voting on election day to use such units for in-person absentee voting; to provide that an absentee ballot may be issued for immediate voting to a person who applies in person at the registrar's or absentee ballot clerk's office when the ballots are ready; to provide that an elector whose absentee ballot is rejected shall be provided an additional opportunity to

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vote; to revise the prohibition concerning exit and public opinion polling in close proximity to a polling place on an election day; to extend the period for verifying provisional ballots; to extend the deadline for special elections to be placed on a statewide general primary or general election ballot; to provide an exception to the prohibition against prematurely counting votes for the counting of absentee votes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising paragraph (20) of Code Section 21-2-2, relating to definitions, as follows:
"(20) 'Paper ballot' or 'ballot' means the forms described in Article 8 of this chapter. The term 'paper ballot' shall not include a ballot card."
SECTION 2. Said chapter is further amended by revising subsection (d) of Code Section 21-2-5, relating to qualifications of candidates for federal and state office, as follows:
"(d) In the event that a candidate pays his or her qualifying fee with a check that is subsequently returned for insufficient funds, the Secretary of State shall automatically find that such candidate has not met the qualifications for holding the office being sought, unless the bank, credit union, or other financial institution returning the check certifies in writing by an officer's or director's oath that the bank, credit union, or financial institution erred in returning the check and such certification is received by the Secretary of State no later than the fourteenth day immediately following the close of qualifying for the office sought by such candidate."
SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 21-2-6, relating to qualifications of candidates for county and municipal office, as follows:
"(d) In the event that a candidate pays his or her qualifying fee with a check that is subsequently returned for insufficient funds, the superintendent shall automatically find that such candidate has not met the qualifications for holding the office being sought, unless the bank, credit union, or other financial institution returning the check certifies in writing by an officer's or director's oath that the bank, credit union, or financial institution erred in returning the check and such certification is received by the superintendent no later than the fourteenth day immediately following the close of qualifying for the office sought by such candidate."
SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 21-2-171, relating to examination of nomination petitions, as follows:

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"(a) When any nomination petition is presented in the office of the Secretary of State or of any superintendent for filing within the period limited by this chapter, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No candidate shall be qualified if such nomination petition shall be permitted to be filed if:
(1) It contains Contains material errors or defects apparent on the face thereof; (2) It contains Contains material alterations made after signing without the consent of the signers; or (3) It does Does not contain a sufficient number of signatures of registered voters as required by law. The Secretary of State or any superintendent shall review the petition for compliance with the provisions of Code Section 21-2-170 and shall disregard any pages or signatures that are not in conformance with the provisions of that Code section. The Secretary of State or any superintendent may question the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon and, if he or she shall thereupon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet."
SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 21-2-223, relating to mail voter registration application forms, as follows:
"(a) The Secretary of State shall design, publish, and distribute voter registration application forms with which a person may apply to register to vote by completing and mailing the form to the Secretary of State or to the board of registrars of the person's county of residence. The Secretary of State shall forward the applications that he or she receives to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts."
SECTION 6. Said chapter is further amended by revising subsection (c) of Code Section 21-2-224, relating to registration deadlines, as follows:
"(c)(1) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary, or special primary or special election held in conjunction with a general primary, general election, or

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presidential preference primary or special primary or special election held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or special elections to fill vacancies in elected county or municipal offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections. (2) The board of registrars shall, as of the date received, date stamp all voter registration applications delivered by hand to the board or otherwise received when the application does not have a date stamp affixed by the Secretary of State or a postmark affixed by the United States Postal Service or when the postmark affixed by the United States Postal Service is illegible or bears no date. In any such instance, a voter registration application shall be deemed to have been made as of the date stamp affixed to such application by the board of registrars that receives such application and shall be processed in accordance with paragraph (1) of this subsection. (3) Any application of a person who is a resident of a county in this state that is delivered to the board of registrars of another county through mistake, inadvertence, neglect, or otherwise that does not have a date stamp affixed by the Secretary of State or a postmark affixed by the United States Postal Service or when the postmark affixed by the United States Postal Service is illegible or bears no date shall be date stamped by the receiving board of registrars and shall be forwarded as soon as possible and, in any event, not later than seven days after receipt of the application to the correct board of registrars by the receiving county. In any such instance, a voter registration application shall be deemed to have been made as of the date stamp affixed to such application by the board of registrars that originally receives such application and shall be processed by the correct board of registrars in accordance with paragraph (1) of this subsection."
SECTION 7. Said chapter is further amended by revising subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, 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, the date day 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 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. Information regarding an elector's month and year of birth shall be available for public inspection."

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SECTION 8. Said chapter is further amended by revising subsection (i) of Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, as follows:
"(i) If the challenged elector appears at the polls to vote and it is not practical to conduct a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently find that a decision on the challenge cannot be rendered within a reasonable time, the challenged elector shall be permitted to vote by casting a challenged ballot on the same type of ballot that is used by the county or municipality for mail-in absentee ballots. Such challenged ballot shall be sealed in double envelopes as provided in Code Section 21-2-384 and, after having the word 'Challenged' and the elector's name written across the back of the elector's ballot outer envelope, the ballot shall be deposited by the person casting such ballot in a secure, sealed ballot box notwithstanding the fact that the polls may have closed prior to the time the registrars make such a determination, provided that the elector proceeds to vote immediately after such determination of the registrars. In such cases, if the challenge is based upon the grounds that the challenged elector is not qualified to remain on the list of electors, the registrars shall proceed to finish the hearing prior to the certification of the consolidated returns of the election by the election superintendent. If the challenge is based on other grounds, no further action shall be required by the registrars. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229."
SECTION 9. Said chapter is further amended by revising subsection (a) of Code Section 21-2-235, relating to inactive list of electors, as follows:
"(a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting devices needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid and regardless of the validity of the petition as a whole, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the elector's registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the

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elector provides a different address from the address which appears on the elector's registration records."
SECTION 10. Said chapter is further amended by revising subsection (f) of Code Section 21-2-284, relating to the form of the official primary ballot, as follows:
"(f) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require."
SECTION 11. Said chapter is further amended by revising Code Section 21-2-291, relating to procedure as to unopposed candidates, as follows:
"21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless more than one a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Except as provided in Code Section 21-2-158, each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-493."
SECTION 12. Said chapter is further amended by revising Code Section 21-2-379.8, relating to public exhibition of voting system and sample ballot, as follows:
"21-2-379.8. (a) The superintendent or his or her designee shall, upon request, make available for demonstration place on public exhibition and demonstrate the use of the direct recording electronic (DRE) units throughout the county or municipality during the month preceding each primary and election. The Secretary of State shall advise the superintendents on recommended methods of demonstrating such units so as to properly educate electors in the use thereof, and, at least during the initial year in which DRE equipment is used in a county or municipality, all superintendents shall offer a series of demonstrations and organized voter education initiatives to equip electors for using such equipment in voting. (b) At least 30 45 days before a general primary or election or during the ten days before a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as the superintendent shall deem most suitable for the information and instruction of the electors, a sample ballot to be used in such election. The sample ballot shall show the offices and questions to be voted upon, the names and arrangements of the political parties and bodies, and the names and

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arrangements of the candidates to be voted for. Such sample ballots shall be under the charge and care of a person who is, in the opinion of the superintendent, competent and qualified as an instructor concerning such ballots and voting procedures."
SECTION 13. Said chapter is further amended by revising Code Section 21-2-380, relating to definition of absentee elector, 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 casts a ballot in a primary, election, or runoff other than in person at the polls on the day of such primary, election, or runoff:
(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 votes by absentee ballot by mail or who 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 in order to cast an absentee ballot in any primary, election, or run-off primary or election runoff."
SECTION 14. Said chapter is further amended by revising subection (a) of Code Section 21-2-381, relating to making of application for an 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, by electronic 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.

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(B) In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector'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 of the age of 18 or over. (C) The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot, if applicable; and the name and relationship of the person requesting the ballot if other than the elector. (D) Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out-of-county or out-of-municipality address. (E) Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. (F) If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness. (G) One timely and proper application for an absentee ballot for use in a primary or election shall be sufficient to require the mailing of the absentee ballot for such primary or election as well as for any runoffs resulting therefrom and for all primaries and elections for federal offices and any runoffs therefrom, including presidential preference primaries, held during the period beginning upon the receipt of such absentee ballot application and extending through the second regularly scheduled general election in which federal candidates are on the ballot occurring thereafter to an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. (H) Any elector meeting criteria of advanced age or disability specified by rule or regulation of the State Election Board may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Except as otherwise provided in this subparagraph, a separate and distinct application for an absentee ballot shall always be required for the presidential

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preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (3) All applications for an official absentee ballot that are distributed by a person, entity, or organization shall list thereon all of the legally acceptable categories of absentee electors contained in Code Section 21-2-380 and shall require the elector to select the category which qualifies the elector to vote by absentee ballot, if applicable. Such applications, if properly completed by the elector or other authorized person and returned to the registrar or absentee ballot clerk, as appropriate, shall be processed by the registrar or absentee ballot clerk and, if the elector is found to be qualified, an absentee ballot shall be mailed or delivered in the office of the registrar or absentee ballot clerk to such elector Reserved. (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 registar 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 15. Said chapter is further amended by revising Code Section 21-2-382, relating to additional sites as additional registrar's office or place of registration for absentee ballots, as follows:
"21-2-382. (a) Any other provisions of this chapter to the contrary notwithstanding, the board of registrars or absentee ballot clerk may establish additional sites as additional registrar's or absentee ballot clerk's offices or places of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385, provided that any such site is consistent with Article 7 of this chapter. Whenever practicable, a branch of the county courthouse, a courthouse annex, a government service center providing general government services, or another government building generally accessible to the public shall be utilized for such additional sites.

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(b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of this state having a population of 550,000 or more or having a population between 88,000 and 90,000 according to the United States decennial census of 1990 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's or absentee ballot clerk's office or place of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385."
SECTION 16. Said chapter is further amended by revising subsection (b) of Code Section 21-2-383, relating to absentee ballots and casting absentee ballot in person using DRE unit, as follows:
"(b) Notwithstanding any other provision of this Code section, in jurisdictions in which direct recording electronic (DRE) voting systems may are used at the polling places on election day, such direct recording electronic (DRE) voting systems shall be used for casting absentee ballots in person at a registrar's office or in accordance with Code Section 21-2-382, providing for additional sites. In such cases, the absentee ballots shall be coded in such a way that the ballot of a challenged voter can be separated from other valid ballots at the time of tabulation until the challenge is resolved."
SECTION 17. Said chapter is further amended by revising subsection (c) of Code Section 21-2-385, relating to procedure for voting by absentee ballot, as follows:
"(c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall may be issued to the elector at the time of the application therefor within the confines of the registrar's or absentee ballot clerk's office or may be mailed to the elector, depending upon the elector's request. If the ballot is issued to the elector at the time of application,; and the elector shall then and there within the confines of the registrar's or absentee ballot clerk's office vote and return the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars or absentee ballot clerk shall furnish accommodations to the elector to ensure the privacy of the elector while voting his or her absentee ballot."
SECTION 18. Said chapter is further amended by revising Code Section 21-2-388, relating to cancellation of absentee ballots of electors who are present in election precinct during primaries and elections, as follows:
"21-2-388. When an absentee ballot which has been voted shall be returned to and received and certified in accordance with subsection (a) of Code Section 21-2-386 by the board of registrars or the absentee ballot clerk, it shall be deemed to have been voted then and there; and no other ballot shall be issued to the same elector. If the board of registrars

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or absentee ballot clerk rejects an absentee ballot, the elector shall be provided the opportunity to vote in the primary, election, or runoff either by applying for a second absentee ballot prior to the day before such primary, election, or runoff or by voting in person at the elector's polling place on the day of the primary, election, or runoff. If an elector has requested to vote by absentee ballot and has not received such absentee ballot, has such ballot in his or her possession, or has returned such ballot but the registrars have not received such ballot, such elector may have the absentee ballot canceled and vote in person on the day of the primary, election, or runoff in one of the following ways:
(1) If the elector is in possession of the ballot, by surrendering the absentee ballot to the poll manager of the precinct in which the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark 'Canceled' and the date and time across the face of the absentee ballot and shall initial same. The poll manager shall also make appropriate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent; or (2) If the elector has not received the ballot or if the elector has returned the ballot but the registrars have not received the ballot, by appearing in person before the registrars or the absentee ballot clerk and requesting in writing that the envelope containing the elector's absentee ballot be marked 'Canceled.' After having satisfied themselves as to the identity of such elector, the registrars or the absentee ballot clerk shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit the elector to vote in person in that precinct. If the absentee ballot is in the mail or its exact location is unknown, the registrar or the absentee ballot clerk shall write 'Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as provided in subsection (a) of Code Section 212-386 for absentee ballots returned too late to be cast."
SECTION 19. Said chapter is further amended by revising subsections (a), (b), and (c) of Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, as follows:
"(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind while voting is taking place, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day:
(1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place.

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(b) No person shall solicit signatures for any petition on any primary or election day conduct an exit poll or public opinion poll with voters nor shall any person solicit signatures for any petition while voting is taking place:
(1) Within 150 25 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day or within 150 feet of any elector waiting to cast an absentee ballot pursuant to subsection (b) of Code Section 21-2-380. No campaign literature, booklet, pamphlet, card, sign, or other written or printed matter shall be displayed in any building containing a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are cast during the period when absentee ballots are available for voting. These The restrictions contained in subsections (a) and (b) of this Code section shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors."
SECTION 20. Said chapter is further amended by revising subsection (c) of Code Section 21-2-419, relating to validation of provisional ballots, as follows:
"(c)(1) If the registrars determine after the polls close, but not later than two three days following the primary or election, that the person casting the provisional ballot timely registered to vote and was eligible and entitled to vote in such primary or election, the registrars shall notify the election superintendent and the provisional ballot shall be counted and included in the county or municipality's certified election results. (2) If the registrars determine after the polls close, but not later than two three days following the primary or election, that the person voting the provisional ballot timely registered and was eligible and entitled to vote in the primary or election but voted in the wrong precinct, then the board of registrars shall notify the election superintendent. The superintendent shall count such person's votes which were cast for candidates in those races for which the person was entitled to vote but shall not count the votes cast for candidates in those races in which such person was not entitled to vote. The superintendent shall order the proper election official at the tabulating center or precinct to prepare an accurate duplicate ballot containing only those votes cast by such person in those races in which such person was entitled to vote for processing at the tabulating center or precinct, which shall be verified in the presence of a witness. Such duplicate ballot shall be clearly labeled with the word

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'Duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the original ballot. The original ballot shall be retained. (3) If the registrars determine that the person casting the provisional ballot did not timely register to vote or was not eligible or entitled to vote in such primary or election or shall be unable to determine within two three days following such primary or election whether such person timely registered to vote and was eligible and entitled to vote in such primary or election, the registrars shall so notify the election superintendent and such ballot shall not be counted. The election superintendent shall mark or otherwise document that such ballot was not counted and shall deliver and store such ballots with all other ballots and election materials as provided in Code Section 21-2-500."
SECTION 21. Said chapter is further amended by revising subsection (b) of Code Section 21-2-540, relating to conduct of special elections generally, as follows:
"(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Special elections which are to be held in conjunction with a statewide general primary or state-wide general election shall be called at least 60 90 days prior to the date of such state-wide general primary or state-wide general election; provided, however, that this requirement shall not apply to special elections held on the same date as such state-wide general primary or state-wide general election but conducted completely separate and apart from such state-wide general primary or statewide general election using different ballots or voting equipment, facilities, poll workers, and paperwork."
SECTION 22. Said chapter is further amended by revising subsection (a) of Code Section 21-2-562, relating to fraudulent entries, as follows:
"(a) Any person who willfully: (1) Inserts or permits to be inserted any fictitious name, false figure, false statement, or other fraudulent entry on or in any registration card, electors list, voter's certificate, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot or ballot card, or other record or document authorized or required to be made, used, signed, returned, or preserved for any public purpose in connection with any primary or election; (2) Alters materially or intentionally destroys any entry which has been lawfully made therein; or (3) Takes or removes any book, affidavit, return, account, ballot or ballot card, or other document or record from the custody of any person having lawful charge

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thereof, in order to prevent the same from being used or inspected or copied as required or permitted by this chapter shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 23. Said chapter is further amended by revising Code Section 21-2-568, relating to entry into voting compartment or booth while another voting, as follows:
"21-2-568. (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. (b) Any person who, while giving lawful assistance to another, attempts to influence the vote of the elector he or she is assisting or marks a ballot or ballot card or registers a vote in any other way than that requested by the voter he or she is assisting shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 24. Said chapter is further amended by revising Code Section 21-2-574, relating to unlawful possession of ballots, as follows:
"21-2-574. Any person, other than an officer charged by law with the care of ballots or ballot cards or a person entrusted by any such officer with the care of the same for a purpose required by law, who has in his or her possession outside the polling place any official ballot or ballot card shall be guilty of a felony."
SECTION 25. Said chapter is further amended by revising subsection (a) of Code Section 21-2-575, relating to counterfeit ballots, ballot cards, or ballot labels, as follows:
"(a) Any person who makes, constructs, or has in his or her possession any counterfeit of an official ballot, ballot card, or ballot label shall be guilty of a felony."

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SECTION 26. Said chapter is further amended by revising Code Section 21-2-576, relating to destroying, defacing, or delaying delivery of ballots or ballot cards, as follows:
"21-2-576. Any person who willfully destroys or defaces any ballot or ballot card or willfully delays the delivery of any ballots or ballot cards shall be guilty of a misdemeanor."
SECTION 27. Said chapter is further amended by revising Code Section 21-2-578, relating to unfolding, opening, or prying into ballots and ballot cards, as follows:
"21-2-578. Any person who, before any ballot or ballot card is deposited in the ballot box as provided by this chapter, willfully unfolds, opens, or pries into any such ballot or ballot card with the intent to discover the manner in which the same has been marked shall be guilty of a misdemeanor."
SECTION 28. Said chapter is further amended by revising Code Section 21-2-579, relating to fraudulently allowing ballot, ballot card, or voting machine to be seen, as follows:
"21-2-579. Any voter at any primary or election who:
(1) Allows his or her ballot, ballot card, or the face of the voting machine used by him or her to be seen by any person with the apparent intention of letting it be known for a fraudulent purpose how he or she is about to vote; (2) Casts or attempts to cast any other than the official ballot or ballot card which has been given to him or her by the proper poll officer, or advises or procures another to do so; (3) Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or to register his or her vote on the voting machine or direct recording electronic (DRE) equipment; or (4) States falsely to any poll officer that because of his or her inability to read the English language or because of blindness, near-blindness, or other physical disability he or she cannot mark the ballot or ballot card or operate the voting machine without assistance shall be guilty of a misdemeanor."
SECTION 29. Said chapter is further amended by revising Code Section 21-2-587, relating to frauds by poll officers, as follows:
"21-2-587. Any poll officer who willfully:

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(1) Makes a false return of the votes cast at any primary or election; (2) Deposits fraudulent ballots or ballot cards in the ballot box or certifies as correct a false return of ballots or ballot cards; (3) Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machine; (4) Makes any false entries in the electors list; (5) Destroys or alters any ballot, ballot card, voter's certificate, or electors list; (6) Tampers with any voting machine, direct recording electronic (DRE) equipment, or tabulating computer or device; (7) Prepares or files any false voter's certificate not prepared by or for an elector actually voting at such primary or election; or (8) Fails to return to the officials prescribed by this chapter, following any primary or election, any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of assisted voters, numbered list of voters, electors list, voter's certificate, spoiled and canceled ballots or ballot cards, ballots or ballot cards deposited, written, or affixed in or upon a voting machine, DRE memory cards, or any certificate or any other paper or record required to be returned under this chapter shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than ten years or to pay a fine not to exceed $100,000.00, or both."
SECTION 30. Said chapter is further amended by revising Code Section 21-2-588, relating to premature counting of votes by poll officer, as follows:
"21-2-588. Any Except as provided in Code Section 21-2-386, any poll officer who counts any votes before the close of the polls or before the last person has voted, whichever occurs later in time, on the day of any primary or election shall be guilty of a misdemeanor."
SECTION 31. Said chapter is further amended by revising Code Section 21-2-594, relating to offenses by printers of ballots, as follows:
"21-2-594. Any printer employed to print any official ballots or ballot cards for use in a primary or election, or any person engaged in printing the same, who:
(1) Appropriates to himself or herself or gives or delivers, or knowingly permits to be taken, any of said ballots or ballot cards by any unauthorized person; or (2) Willfully and knowingly prints, or causes to be printed, any official ballot or ballot cards in any form other than that prescribed by the appropriate officials or with any other names or printing, or with the names spelled otherwise than as directed by such officials or the names or printing thereon arranged in any other way than that authorized and directed by this chapter shall be guilty of a felony."

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SECTION 32. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley
Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

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

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HB 323. 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:

Y Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner
Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell Y Morgan Y Morris Y Mosby
Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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

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 Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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The Bill, having received the requisite constitutional majority, was passed.
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.
HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; 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 income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; 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 income taxes, is amended by revising Code Section 48-7-40, relating to tax credits for business enterprises in less developed areas, to read as follows:
"48-7-40. (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.

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'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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. (3) 'Competitive project' means expansion or location of some or all of a business enterprise's operations in this state having significant regional impact where the commissioner of economic development certifies that but for some or all of the tax incentives provided in this Code section, the business enterprise would have located or expanded outside this state. (3)(4) '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. (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. (c.1) 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

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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. (d) 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.
(e)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a 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 the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; 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 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 paragraph. 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 paragraph shall not constitute income to the taxpayer. 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 this article 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 this article 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 this article 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 first taxable year in which the new fulltime employee job is created and for the four immediately succeeding taxable years. Where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 2 county and where the amount of the credit provided in this paragraph exceeds such business enterprise's liability for taxes imposed under this article in a taxable year, or where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 3 or tier 4 county and where the amount

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of the credit provided in this paragraph exceeds 50 percent of such business enterprise's liability for taxes imposed under this article 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 $2,500.00 for each new full-time employee job 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 paragraph. 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 paragraph shall not constitute income to the taxpayer. The number of new fulltime 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 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. In any year in which the net employment increase falls below the number required in such tier, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below the number required in such tier, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. The state revenue commissioner shall adjust the credit allowed

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each year for net new employment fluctuations above the minimum level of the number required in such tier. (2) Existing business enterprises 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 first year in which the new full-time employee job is created. The additional credit shall be claimed in year two after the creation of such job the first taxable year in which the new full-time employee job is created. 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 generated and utilized 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. (f) Tax credits for five four years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (c.1) 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 five, or whatever portion of years two through six five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit.

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(g) 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.
(h)(1) Except as provided in paragraph (2) of this subsection, any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in paragraph (1) of subsection (e) of this Code section, but in tiers 3 and 4 the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability attributable to income derived from operations in this state for such taxable year. (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (e) of this Code section must be applied against taxes imposed for the taxable year in which such credit is available and may not be carried forward to any subsequent taxable year. (i) Notwithstanding any provision of this Code section to the contrary, in counties recognized and designated as the first through fortieth least developed counties in the tier 1 designation, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises or existing business enterprises, to any business of any nature. (j) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original tax return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (j)(k) The commissioner 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. (l) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim."
SECTION 2. Said article is further amended by revising Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, to read as follows:

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"48-7-40.1. (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; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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. (b) 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 the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following equally weighted factors: (1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs also shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) Any area comprised of ten or more contiguous census tracts 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 area; (2) Any area comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress; or (4) Any area which is within or adjacent to one or more contiguous census block groups with a poverty rate of 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

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the commissioner of community affairs, displays pervasive poverty, underdevelopment, general distress, and blight. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this subsection, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business. (d) 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 area is removed from the list of less developed areas. (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 the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; 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 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

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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. In any year in which the net employment increase falls below five or two, as applicable, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below five or two, as applicable, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however that Code Section 48-2-40 shall not apply to any such forfeiture. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five or two. (f) Tax credits for five four years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) 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 five, or whatever portion of years two through six five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) 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. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in subsection (e) of this Code section, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (i) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original tax return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (j) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such

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credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim."
SECTION 3. Said article is further amended by revising Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, to read as follows:
"48-7-40.5. (a) As used in this Code section, the term:
(1) 'Approved retraining' means employer provided or employer sponsored retraining that meets the following conditions:
(A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology; provided, however, that approved retraining shall not include any retraining on commercially, mass produced software related to word processing, data base management, presentations, spreadsheets, e-mail, personal information management, or computer operating systems except a retraining tax credit shall be allowable for those providing support or training on such software; (B) It is approved and certified by the Technical College System of Georgia; and (C) The employer does not require the employee to make any payment for the retraining, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time. (2) 'Cost of retraining' means direct instructional costs as defined by the Technical College System of Georgia including instructor salaries, materials, supplies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) 'Employee' means any employee resident in this state who is employed for at least 25 hours a week, and who has been continuously employed by the employer for at least 16 consecutive weeks. (4) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (5) 'Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Technical College System of Georgia by instructors hired by or employed by an employer. (6) 'Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved retraining that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors an one or more approved retraining program programs in a taxable year. The total amount of the tax credit allowed per full-time employee amount of the tax credit shall be equal to onehalf of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each employee who has successfully completed an

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approved retraining program; provided, however, that in no event shall the amount of the tax credit authorized under this subsection exceed $1,250.00 per year per full-time employee who has successfully completed more than one approved retraining program. No employer may shall receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining. (c) Any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for ten years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (d) To be eligible to claim the credit granted under this Code section, the employer must shall certify to the department the name of the employee, the course work successfully completed by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Technical College System of Georgia to ensure the proper granting of credits pursuant to this Code section. (e) The Technical College System of Georgia is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored retraining programs. In establishing such standards, the Technical College System of Georgia shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to determine successful completion of a course of study."
SECTION 4. Said article is further amended by revising Code Section 48-7-40.12, relating to income tax credits for business enterprises having qualified research expenses, to read as follows:
"48-7-40.12. (a) As used in this Code section, the term:
(1) 'Base amount' means the product of a business enterprise's Georgia taxable net income gross receipts in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income gross receipts for the preceding three taxable years or 0.300, whichever is less; provided, however, that a business enterprise need not have had a positive taxable net income for the

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preceding three taxable years in order to claim the credit provided in this Code section. For purposes of this paragraph, 'Georgia gross receipts' shall be the numerator of the gross receipts factor provided in subsection (d) of Code Section 487-31. (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; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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 or research and development industries. Such term shall not include retail businesses. (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. (b) A tax credit is allowed a business enterprise which has qualified research expenses in Georgia in a taxable year exceeding a base amount, provided that the business enterprise for the same taxable year claims and is allowed a research credit under Section 41 of the Internal Revenue Code of 1986, as amended. (c) The tax credit provided in subsection (b) of this Code section shall be 10 percent of the excess over the base amount referred to in said subsection. (d) Any unused credit claimed under this Code section may be carried forward ten years from the close of the taxable year in which the qualified research expenses were made. The credit taken in any one taxable year shall not exceed 50 percent of the business enterprise's remaining Georgia net income tax liability after all other credits have been applied. (e) In the first five years of a newly formed business enterprise's operations in this state, where the amount of a credit claimed under this Code section exceeds 50 percent of a 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 48-7103. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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."

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SECTION 5. Said article is further amended in Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic, by revising paragraphs (1) and (5) of subsection (a) as follows:
"(1) 'Base year port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's), 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 (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product actually imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility during the second preceding 12 month period; provided, however, that in the event the total amount actually 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 (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's)."
"(5) 'Port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product transported by way of a waterborne ship or vehicle through a port facility. (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility."
SECTION 6. Said article is further amended by revising Code Section 48-7-40.17, relating to income tax credits for establishing or relocating headquarters into this state, to read as follows:
"48-7-40.17. (a) As used in this Code section, the term:
(1) 'Average wage' means the average wage of the county in which a full-time new quality job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Full-time New quality job' means employment for an individual which:
(A) Is located at a headquarters in this state; (B) Has a regular work week of 30 hours or more; (C) Is not a job that is or was already located in Georgia regardless of which taxpayer the individual performed services for;

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(C)(D) Pays at or above 110 percent of the average wage of the county in which it is located; and:
(i) In tier 1 counties, the average wage of the county in which it is located; (ii) In tier 2 counties, 105 percent of the average wage of the county in which it is located; (iii) In tier 3 counties, 110 percent of the average wage of the county in which it is located; and (iv) In tier 4 counties, 115 percent of the average wage of the county in which it is located; and (D)(E) Has no predetermined end date. (3) 'Headquarters' means the principal central administrative office of a taxpayer or a subsidiary of the taxpayer. (4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. (b) A taxpayer establishing its headquarters in this state or relocating its headquarters into this state which: (1) Within one year of the first date on which it withholds wages for employees at such headquarters or the headquarters of a subsidiary, defined as the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code of 1986, as amended, pursuant to the provisions of Code Section 48-7-101, employs at least 50 persons in new full-time jobs at such headquarters; (2) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 incurs within the state a minimum of $1 million in construction, renovation, leasing, or other costs related to such establishment or relocation; and (3) Elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-740.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs or such investment shall be allowed a credit for taxes imposed under this article equal to $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located per eligible new full-time job; (b) A taxpayer establishing new quality jobs in this state or relocating quality jobs into this state which elects not to receive the tax credits provided for by Code Sections 48-740, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs and investments created by, arising from, related to, or connected in any way with the same project and, within one year of the first date on which the taxpayer pursuant to the provisions of Code Section 48-7-101 withholds wages for employees in this state and employs at least 50 persons in new quality jobs in this state, shall be allowed a credit for taxes imposed under this article: (1) Equal to $2,500.00 annually per eligible new quality job where the job pays 110 percent or more but less than 120 percent of the average wage of the county in which the new quality job is located;

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(2) Equal to $3,000.00 annually per eligible new quality job where the job pays 120 percent or more but less than 150 percent of the average wage of the county in which the new quality job is located; (3) Equal to $4,000.00 annually per eligible new quality job where the job pays 150 percent or more but less than 175 percent of the average wage of the county in which the new quality job is located; (4) Equal to $4,500.00 annually per eligible new quality job where the job pays 175 percent or more but less than 200 percent of the average wage of the county in which the new quality job is located; and (5) Equal to $5,000.00 annually per eligible new quality job where the job pays 200 percent or more of the average wage of the county in which the new quality job is located; provided, however, that where the amount of such credit exceeds a 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 48-7-103 but not to exceed in any one taxable year $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located for each new full-time job the credit amounts in paragraphs (1) through (5) of this subsection for each new quality job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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. For each new full-time quality job created, the credit established by this subsection may be taken for the first taxable year in which the new full-time quality job is created and for the four immediately succeeding taxable years; provided, however, that such new full-time quality jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 50 new full-time quality jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 50 new full-time quality jobs required shall not be affected except as provided in subsection (f) of this Code section. The commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 50 new full-time quality jobs required. (c) The number of new full-time quality jobs to which this Code section shall be applicable shall be determined by comparing the monthly average of full-time new quality jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year.

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(d) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified new quality jobs were established. (e) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 487-56, including any approved extensions. (f) If the taxpayer has failed to maintain a new quality job in a taxable year, the taxpayer shall forfeit the right to the credit claimed for such job in that year. For each year such new quality job is not maintained, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. (g) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim. (e)(h) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."

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 for all taxable years beginning on or after January 1, 2009.

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 Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker Y Barnard

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar

Y Heckstall Y Hembree
Henson Hill, C Hill, C.A N Holt Y Horne Y Houston Y Howard

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B

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Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Dooley Y Drenner
Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

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

Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 3.

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

Representatives Dukes of the 150th, Smith of the 113th, and Stephens of the 161st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 364. By Representatives Stephens of the 164th, Burkhalter of the 50th and Fludd of the 66th:

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 regarding the sale or use of an airplane flight simulation training device approved by the Federal Aviation Administration under Appendices A and B, 14 C.F.R. Part 60; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey
Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 164, nays 2.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C N Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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:

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SB 7. By Senator Tarver of the 22nd:
A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly of Georgia, so as to require an oath or affirmation for purposes of presenting certain evidence to a committee or subcommittee of the General Assembly; to amend Article 4 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to perjury and related offenses, so as to change certain provisions relating to false swearing; to provide a short title; to repeal conflicting laws; and for other purposes.
SB 77. By Senators Reed of the 35th, Tate of the 38th, Orrock of the 36th, Fort of the 39th, Jones of the 10th 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 provisions applicable to municipal corporations, so as to create a special district in all municipal corporations which employ in excess of 1,500 police officers and firefighters combined; to impose and levy a special district tax within such districts for the purpose of providing all or a portion of the salaries for police officers and firefighters; to provide for a referendum; to provide for adjustment of such tax rate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 162. By Senators Grant of the 25th and Williams of the 19th:
A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to authorize security guards and detectives to obtain individual licensure for employment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st:
A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the

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division director; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 211. By Senators Johnson of the 1st, Pearson of the 51st, Harbison of the 15th and Crosby of the 13th:
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 the general authority, duties, and procedure for state purchasing, so as to exempt certain purchases from having to go through the Department of Administrative Services; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 253. By Senators Mullis of the 53rd and Chance of the 16th:
A BILL to be entitled an Act to amend Code Section 25-10-1 of the Official Code of Georgia Annotated, relating to definitions relative to the regulation of fireworks, so as to provide a definition of the term 'indoors'; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 509. By Representatives Cooper of the 41st, Rice of the 51st, Lindsey of the 54th, Channell of the 116th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions relating to the regulation of physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice; to require individuals regulated under Chapter 34 of said title to notify the board upon the conviction of a felony; to provide for the suspension and reinstatement under certain circumstances of a license, permit, or certificate granted under Chapter 34; to provide for the renewal of a license, permit, or certificate granted under Chapter 34; to amend various other titles of the Official Code of Georgia Annotated for purposes of conformity; to provide for related matters; to provide for a contingency and effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:

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A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions relating to the regulation of physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice; to provide for comprehensive revision to the regulation of such professions; to provide for definitions; to establish the Georgia Composite Medical Board to regulate physicians, acupuncturists, physician assistants, cancer and glaucoma treatment, respiratory care practice, clinical perfusionists, orthotics and prosthetics, and cosmetic laser services; to provide for the process of selection and removal to and from the board; to provide for the powers and duties of the board; to provide for the requirement of an oath of office for board members; to provide for the election of officers of the board; to provide for allowances for the board members; to provide for a chairperson of the board; to provide for powers and duties of the chairperson; to provide for peer review of certain medical professionals; to require individuals regulated under Chapter 34 of said title to notify the board upon the conviction of a felony; to provide for the suspension and reinstatement under certain circumstances of a license, permit, or certificate granted under Chapter 34; to provide for the renewal of a license, permit, or certificate granted under Chapter 34; to provide for a short title; to provide for legislative intent; to provide that a license is required to practice medicine; to provide for certain standards, conditions, and requirements to practice medicine; to provide for the delegation of certain duties from physicians to nurses or physician assistants; to provide penalties for practicing medicine without a license; to require a license to practice acupuncture; to provide certain standards, conditions, and requirements to practice acupuncture; to provide for a penalty for practicing acupuncture without a license; to require a license to act as a physician assistant; to provide certain standards, conditions, and requirements prior to licensure as a physician assistant; to provide for certain responsibilities for physician assistants; to provide for the review of physician assistants; to require certification to practice respiratory care; to provide certain standards, conditions, and requirements prior to certification as a respiratory therapist; to provide a penalty for practicing respiratory care without certification; to require a license to act as a clinical perfusionist; to provide for a temporary license to act as a clinical perfusionist; to provide for certain standards, conditions, and requirements prior to licensure as a clinical perfusionist; to provide a penalty for acting as a clinical perfusionist without a license; to require a license to practice orthotics and prosthetics; to provide for certain standards, conditions, and requirements prior to licensure to practice orthotics and prosthetics; to provide for a penalty for practicing orthotics and prosthetics without a license; to revise laws relating to cosmetic laser services; to amend various other titles of the Official Code of Georgia Annotated for purposes of conformity; to provide that a physician assistant can make a pronouncement of death under certain circumstances for purposes of vital records; to provide for related matters; to provide for a contingency and effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses is amended by revising Chapter 34 as follows:
"CHAPTER 34 ARTICLE 1
43-34-1. Reserved. As used in this chapter, the term:
(1) 'Board' means the Georgia Composite Medical Board. (2) 'Physician' means a person licensed to practice medicine pursuant to Article 2 of this chapter. (3) 'To practice medicine,' 'the practice of medicine,' or 'practicing medicine' shall have the same meaning as in paragraph (3) of Code Section 43-34-22.
43-34-2. Reserved.
43-34-21 43-34-2. (a) A board is established to be known as the Composite State Board of Medical Examiners Georgia Composite Medical Board. All members of the board The board shall be composed of 15 members, all of whom 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 actively practicing physicians of integrity and ability and shall be duly licensed hold unrestricted licenses to practice medicine in this state. Ten Eleven of the 12 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 medical 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 prior to their appointment. 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 and any vacancy occurring in a post held by an M.D. degree shall be filled by an M.D. (c) The thirteenth member of the board shall be appointed from the state at large and fourteenth and fifteenth members of the board shall have no connection whatsoever with the practice of medicine and shall be eligible to vote on all matters brought before 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

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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. Any member of the board may be removed from his or her position and generate an open position on the board:
(1) By a majority vote of the members of the board if a member of the board misses three or more consecutive meetings or misses more than one-third of all meetings including meetings conducted by teleconference, without a valid medical reason or reasons deemed excusable, which removal shall not be effective unless approved by the Governor; or (2) By the Governor if the board member:
(A) Has willfully neglected his or her duty as a board member; (B) Has been convicted of a crime involving moral turpitude; (C) Has been convicted of a felony; (D) Is no longer in the active practice of medicine, if a physician member; (E) Is no longer a resident of the State of Georgia; or (F) Has received any restriction of his or her medical license in Georgia or any other state, if a physician member. (e)(1) The board shall appoint a Physician's Physician Assistants Advisory Committee composed of four physicians, at least two of whom shall be members of the board, and four licensed physician's physician 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 physician assistants, including but not limited to applicants for physician's physician assistant licensure and relicensure and education requirements therefor, and proposed board regulations concerning physician's physician 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 for in this chapter. (2) The committee shall appoint a physician's physician 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 physician assistants and shall share in the privileges and benefits of the board without a vote. (f) The board shall examine applicants to test their review applicants' qualifications to practice medicine for licensure, certification, or permitting pursuant to this chapter. (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

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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)(g) The board shall have the authority to contract with medical associations or other professionally qualified organizations to conduct impaired physicians programs.
43-34-22 43-34-3. The terms of office of members of the Composite State Board of Medical Examiners 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. (a) The members of the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, in office on June 30, 2009, shall continue to serve out their respective terms and until their respective successors are appointed and qualified. The two new board members added as of July 1, 2009, pursuant to Code Section 43-34-2 shall be appointed by the Governor to serve as members of the board for terms of office beginning on July 1, 2009. The terms of office of the two new members shall be for two years and three years, respectively, with the Governor to specify the initial term of office for each new member at the time of his or her appointment. 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. (b) Terms of office of members of the board shall be four years. 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 relocation from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made.

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43-34-23 43-34-4. Immediately and before entering upon the duties of office, the members of the board shall take the constitutional oath of office and shall file the same in the office of the Governor, who, upon receiving the oath of office, shall issue to each member a certificate of appointment.
43-34-24 43-34-5. (a) Immediately after the appointment and qualification of the members, the The board shall meet and organize and shall annually elect a president and vice-president chairperson and vice chairperson. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2 may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Each board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the mileage allowance for the use of a personal car equal to that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by board members are subject to approval of the chairperson and executive director. Out-of-state travel by board members must be approved by the board chairperson and the executive director. (b) The board shall hold two regular meetings each year, one in May or June and one in October month, unless in the discretion of the chairperson it is deemed unnecessary for a particular month. Called meetings may be held at the discretion of the president. The board shall adopt a seal, which must be affixed to all licenses issued by the board chairperson. (c) The board shall from time to time adopt such rules and regulations as it may deem necessary for the performance of its duties and shall examine and pass upon the qualifications of applicants for the practice of medicine have the following powers and duties:
(1) To adopt, amend, and repeal such rules and regulations in accordance with this chapter necessary for the proper administration and enforcement of this chapter; (2) To adopt a seal by which the board shall authenticate the acts of the board; (3) To establish a pool of qualified physicians to act as peer reviewers and expert witnesses and to appoint or contract with physicians professionally qualified by education and training, medical associations, or other professionally qualified organizations to serve as peer reviewers; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise;

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(4) To employ a medical director and other staff to implement this chapter and provide necessary and appropriate support who shall be subject to the same confidentiality requirements of the board; (5) To keep a docket of public proceedings, actions, and filings; (6) To set its office hours; (7) To set all fees by adoption of a schedule of fees approved by the board. The board shall set such fees sufficient to cover costs of operation; (8) To establish rules regarding licensure and certification status, including inactive status and other licensure and certification categories the board deems appropriate; (9) To issue, deny, or reinstate the licenses, certificates, or permits of duly qualified applicants for licensure, certification, or permits under this chapter and to restrict, issue with terms and conditions, or otherwise limit licensure, certification, or permits of applicants; (10) To revoke, suspend, issue terms and conditions, place on probation, limit practice, fine, require additional medical training, require medical community service, or otherwise sanction licensees, certificate holders, or permit holders; (11) To renew licenses, certificates, and permits and set renewal and expiration dates and application and other deadlines; (12) To approve such examinations as are necessary to determine competency to practice under this chapter; (13) To set examination standards, approve examinations, and set passing score requirements; (14) To adopt necessary rules concerning proceedings, hearings, review hearings, actions, filings, depositions, and motions related to uncontested cases; (15) To initiate investigations for the purposes of discovering violations of this chapter; (16) To administer oaths, subpoena witnesses and documentary evidence including medical records, and take testimony in all matters relating to its duties. The cost of producing documents and records subpoenaed by the board shall be borne by the subpoenaed party; (17) To conduct hearings, reviews, and other proceedings according to Chapter 13 of Title 50; (18) To conduct investigative interviews; (19) To issue cease and desist orders to stop the unlicensed practice of medicine or other profession licensed, certified, or permitted under this chapter and impose penalties for such violations; (20) To request injunctive relief or refer cases for criminal prosecution to appropriate enforcement authorities; and (21) To release investigative or applicant files to another enforcement agency or lawful licensing authority in another state. (d) A license issued by the board shall not be restricted by a particular medical specialty area.

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43-34-24.1 43-34-6. (a) The board shall not be under the jurisdiction of the Secretary of State but shall be an independent state agency attached to the Department of Community Health for administrative purposes only, as provided in Code Section 50-4-3, except that such department shall prepare and submit the budget for the board. The board shall not be a professional licensing board but shall have with respect to all matters within the jurisdiction of the Composite State Board of Medical Examiners board as provided under this chapter the powers, duties, and functions of such professional licensing boards as provided in Chapter 1 of this title. (b) The board shall appoint and fix the compensation of an executive director of such board who shall serve at the pleasure of the board. Any reference in this chapter to the executive director shall mean the executive director appointed pursuant to this subsection. The executive director shall have, with respect to the board, the same powers, duties, and functions granted to the division director with respect to professional licensing boards under Chapter 1 of this title but without being subject to any approval or other powers exercised by the Secretary of State. (c) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president chairperson of the board. A majority of the members of the board shall constitute a quorum for the transaction of business of the board. (d) Licenses, certificates, and permits issued by the board which are shall be subject to renewal and shall be valid for up to two years unless otherwise specified by this chapter and shall be renewable biennially on the renewal date established by the board. (e) The board, through the executive director, may hire investigators for the purpose of conducting investigations for the board and those persons shall be designated as investigators and have the powers, duties, and status of investigators for professional licensing boards under Code Section 43-1-5. Any person so employed shall be considered to be a peace officer and shall have all powers, duties, and status of a peace officer of this state; provided, however, that such investigators shall only be authorized, upon written approval of the executive director, notwithstanding Code Sections 16-11126, 16-11-128, and 16-11-129, to carry firearms in the performance of their duties and exercise the powers of arrest in the performance of their duties. Notwithstanding the provisions of Code Section 50-4-3 and with the concurrence of the board, the Department of Community Health shall be authorized to employ and provide for the compensation of staff as is necessary to assist in carrying out the functions of the board. Staff so hired shall be subject to the rules and confidentiality requirements of the board and to the supervision of the executive director of the board. (f) The venue of any action involving members of the board shall be governed by the laws of this state relating to venue. The executive director of the board shall not be considered a member of the board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction.

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(g) The board shall give point credit to veterans in the same manner as required for professional licensing boards under Code Sections 43-1-9 through 43-1-13. (h) Persons appointed to the board shall be subject to Senate confirmation as provided in Code Section 43-1-16 and subject to removal as provided in Code Section 43-1-17. (i)(h) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (j) The board, through the executive director, shall hire such personnel as it deems necessary to carry out its functions under this chapter and may appoint professionally qualified persons to serve as members of peer review committees; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise. (k)(i) The board executive director shall make a report no later than December 31 of each year covering the activities of the board for that calendar year, which report shall be submitted to the commissioner of community health, and shall be made available to any member of the General Assembly upon request. (j) The executive director, with the approval of the board, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required of the board.
43-34-7. The executive director shall prepare and maintain a roster containing the names and addresses of all current licensees, certificate holders, and permit holders for each of the various professions regulated by the Georgia Composite Medical Board. A copy of the roster shall be available to any person upon request at a fee prescribed by the board sufficient to cover the cost of printing and distribution. The following shall be treated as confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the board:
(1) Applications and other personal information submitted by applicants, except to the applicant, the staff, and the board; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board; (3) Examination questions and other examination materials, except to the staff and the board; and (4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes; provided, however, that such deliberations may be released only to another state or federal enforcement agency or lawful licensing authority.
43-34-37 43-34-8. (a) The board shall have authority to refuse to grant a license, certificate, or permit to an applicant or to discipline a physician licensed under this chapter a person regulated under this chapter or any antecedent law upon a finding by the board that the licensee, certificate holder, or permit holder or applicant has:

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(1) Failed to demonstrate the qualifications or standards for a license, certificate, or permit contained in this chapter or in the rules and regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all requirements for the issuance of a license; and, if the board is not satisfied as to the applicant's qualifications, it shall not issue a license, certificate, or permit; (2) Knowingly made Made negligently misleading, or deceptive, untrue, or fraudulent representations in the practice of medicine of a profession licensed, certified, or permitted under this chapter or in any document connected therewith, or practiced fraud or deceit or intentionally negligently made any false statement in obtaining a license, certificate, or permit under this chapter to practice medicine pursuant to this chapter, or made a false statement or deceptive biennial registration with the board; (3) Been convicted of a felony in the courts of this state or any other state, territory, country, or of the United States. As used in this paragraph, the term 'conviction of a felony' shall include a conviction of an offense which if committed in this state would be deemed a felony under either state or federal law, without regard to its designation elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or verdict of guilt, a plea of guilty resulting in first offender status, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon; (4) Committed a crime involving moral turpitude, without regard to conviction; the conviction of a crime involving moral turpitude shall be evidence of the commission of such crime. As used in this paragraph, the term 'conviction' shall have the meaning prescribed in paragraph (3) of this subsection. For the purpose of this chapter, a conviction or plea of guilty or of nolo contendere to a charge or indictment by either federal or state government for income tax evasion shall not be considered a crime involving moral turpitude; (5) Had his or her license, certificate, or permit to practice medicine pursuant to this chapter revoked, suspended, or annulled by any lawful licensing authority; or had other disciplinary action taken against him or her by any lawful licensing authority; or been denied a license by any lawful licensing authority; (6) Advertised for or solicited patients; obtained a fee or other thing of value on the representation that a manifestly incurable disease can be permanently cured; or made untruthful or improbable statements, or flamboyant or extravagant claims concerning his or her professional excellence or treatment protocols; (7) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term 'unprofessional conduct' shall include any departure from, or failure to conform to, the minimal minimum standards of acceptable and prevailing medical practice and shall also include, but not be limited to, the prescribing or use of drugs, treatment, or diagnostic procedures which are detrimental to the patient as determined by the minimal

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minimum standards of acceptable and prevailing medical practice or by rule of the board; (8) Performed, procured, or aided or abetted in performing or procuring a criminal abortion; (9) Knowingly maintained a professional connection or association with any person who is in violation of this chapter or the rules or regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice medicine pursuant to this chapter contrary to this chapter or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or entity to practice medicine pursuant to this chapter; or divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient; (10) Violated or attempted to violate a law, rule, or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates the practice of medicine, when the licensee or applicant knows or should know that such action is violative of such law, rule, or regulation; or violated a lawful order of the board, previously entered by the board in a disciplinary hearing; (11) Committed any act or omission which is indicative of bad moral character or untrustworthiness; (11.1) Failed to attempt to inform a patient, in a timely manner, that the physician has received the results of a laboratory test. The board shall promulgate rules for the implementation of this paragraph no later than January 1, 2002. Any physician who complies with the rules promulgated by the board for informing his or her patient that the results of any laboratory test have been received shall be immune from any civil or criminal liability for such disclosure; (12) Been adjudged mentally incompetent by a court of competent jurisdiction, within or outside this state. Any such adjudication shall automatically suspend the license, certificate, or permit of any such person and shall prevent the reissuance or renewal of any license, certificate, or permit so suspended for as long as the adjudication of incompetence is in effect unless the board, upon a finding that the licensee, certificate holder, or permit holder is mentally competent, orders otherwise. Any applicant who has been so adjudged to be mentally incompetent shall not receive a license, certificate, or permit unless the board, upon a finding that the applicant is mentally competent, orders otherwise; or (13) Become unable to practice medicine pursuant to this chapter with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition:
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee, certificate holder, permit holder, or applicant to submit to a mental or physical examination by physicians designated by the board. The expense of this

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examination shall be borne by the licensee, certificate holder, or permit holder or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing medicine in this state a profession regulated under this chapter or who shall file an application for a license to practice medicine a profession regulated under this chapter in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing or informal proceeding before the board, upon the grounds that the same constitutes a privileged communication. If a licensee, certificate holder, or permit holder or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee, certificate holder, permit holder, or applicant who is prohibited from practicing medicine pursuant to this chapter under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of medicine pursuant to this chapter with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee, certificate holder, or permit holder or applicant, including psychiatric records; and such records shall be admissible in any hearing or informal proceeding before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing medicine pursuant to this chapter in this state or who shall file an application to practice medicine pursuant to this chapter in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing or any informal proceedings before the board, upon the grounds that the same constitute a privileged communication; and (C) If any licensee, certificate holder, or permit holder or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee, certificate holder, or permit holder or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee, certificate holder, or permit holder or applicant in any other type of proceeding.; (14) Cheated on or attempted to subvert an examination by the board; (15) Committed an act of sexual abuse, misconduct, or exploitation of a patient including guardians and parents of minors;

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(16) Mistreated or abandoned a patient or his or her records; provided, however that a physician in compliance with Chapter 33 of Title 31 shall not be considered to have abandoned patient records; (17) Entered into conduct which discredits the profession; (18) Failed to furnish records, including, but not limited to, medical records, to the board in response to a subpoena or failed to answer questions on the renewal of the license, certificate, or permit; (19) Failed to maintain appropriate medical or other records as required by board rule; (20) Failed to follow generally accepted infection control procedures or Occupational Safety and Health Administration (OSHA) standards; (21) Failed to comply with federal laws and standards relating to the practice of medicine or other health care profession regulated under this chapter, the regulations of drugs, the delivery of health care, or other related laws; (22) Failed to comply with an order for child support as defined by Code Section 1911-9.3; it shall be incumbent upon the applicant, licensee, certificate holder, or permit holder to supply a notice of release to the board from the appropriate child support authorities within the Department of Human Resources indicating that the licensee, certificate holder, permit holder, or applicant has come into compliance with an order for child support so that a license, certificate, or permit may be issued if all other conditions for the issuance of a license, certificate, or permit are met; or (23) Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant, licensee, certificate holder, or permit holder to supply the notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the licensee, certificate holder, permit holder, or applicant has entered into satisfactory repayment status so that a license, certificate, or permit may be issued or granted if all other conditions for issuance of a license, certificate, or permit are met. (a.1) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section. (b)(1) When the board finds that any person is unqualified to be granted a license, certificate, or permit or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:
(A) Refuse to grant a license, certificate, or permit to an applicant; (B) Place the licensee, certificate holder, or permit holder on probation for a definite or indefinite period with terms and conditions; (C) Administer a public or private reprimand, provided that a private reprimand shall not be disclosed to any person except the licensee, certificate holder, or permit holder; (C)(D) Suspend any license, certificate, or permit for a definite or indefinite period;

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(D)(E) Limit or restrict any license, certificate, or permit; (E)(F) Revoke any license, certificate, or permit; or (F) Condition the penalty, or withhold formal disposition, upon the physician's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board. (G) Impose a fine not to exceed $5,000.00 for each violation of a law, rule, or regulation relating to the licensee, certificate holder, permit holder or applicant; (H) Impose a fine in a reasonable amount to reimburse the board for the administrative costs; (I) Require passage of a board approved minimum competency examination; (J) Require board approved medical education; (K) Condition the penalty, or withhold formal disposition, which actions shall be kept confidential, unless there is a public order upon the licensee or applicant, certificate holder, or permit holder's submission to the care, counseling, or treatment by physicians or other professional persons and the completion of such care, counseling, or treatment, as directed by the board; or (L) Require a board approved mental and physical evaluation of all licensees, certificate holders, or permit holders. (2) In addition to and in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection, the board may make a finding adverse to the licensee, certificate holder, permit holder, or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the physician licensee, certificate holder, permit holder, or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (3) Neither the issuance of a private reprimand nor the denial of a license, certificate, or permit nor the denial of a request for reinstatement of a revoked license, certificate, or permit nor the refusal to issue a previously denied license, certificate, or permit 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 shall not be required, but the applicant or licensee, certificate holder, or permit holder shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the holder of a license, certificate, or permit or an applicant. (b.1) The board shall suspend the license, certificate, or permit of a person licensed by the board who has been certified by a federal agency and reported to the board for nonpayment or default or breach of a repayment or service obligation under any federal education loan, loan repayment, or service conditional scholarship program. Prior to the suspension, the licensee, certificate holder, or permit holder shall be entitled to notice of the board's intended action and opportunity to appear before the board

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according to procedures set forth in the board's rules and regulations. A suspension of a license, certificate, or permit under this subsection is not a contested case under Chapter 13 of Title 50, 'Georgia Administrative Procedure Act.' A license, certificate, or permit suspended under this Code section shall not be reinstated or reissued until the person provides the board a written release issued by the reporting agency 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 the person has continued to meet all other requirements for issuance of a license, certificate, or permit during the period of suspension, reinstatement of the license, certificate, or permit shall be automatic upon receipt of the notice and payment of any reinstatement fee which the board may impose. (c) In its discretion, the board may restore and reissue a license, certificate, or permit to practice medicine issued under this chapter or any antecedent law and, as a condition thereof, may impose any disciplinary or corrective measure provided in this chapter. (d) The executive director is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he or she, or the board, or any district attorney may deem necessary or advisable in the enforcement of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material, except that as to which privilege has not been denied or deemed waived by this chapter, and which is deemed by the president chairperson of the board, or vice-president vice chairperson if the president chairperson is not available, to be related to the fitness of any licensee, certificate holder, permit holder, or applicant to practice medicine pursuant to this chapter. The executive director or the president chairperson of the board, or vice-president vice chairperson if the president chairperson is not available, may issue subpoenas to compel such access. When a subpoena is disobeyed, the board may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court. The results of any investigations whatsoever shall be reported only to the board, and the records of such investigations shall be kept by the board; no part of any such record shall be released for any purpose other than a hearing before the board and as provided in Chapter 34A of this title; nor shall such records be subject to subpoena. The board shall be authorized to release records that are not otherwise confidential or privileged only to another state or federal enforcement agency or lawful licensing authority. (e) In any hearing to determine a licensee's, certificate holder's, permit holder's, or applicant's fitness to practice medicine pursuant to this chapter, any record relating to any patient of the licensee, certificate holder, permit holder, or applicant shall be admissible into evidence, regardless of any statutory privilege which such patient might otherwise be able to invoke. In addition, no such patient may withhold testimony bearing upon a licensee's, certificate holder's, permit holder's, or applicant's fitness to practice medicine pursuant to this chapter on the ground of privilege between such licensee, certificate holder, permit holder, or applicant and such patient. Any testimony

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or written evidence relating to a patient of a licensee, certificate holder, permit holder, or applicant or to the record of any such patient shall be received by the board in camera and shall not be disclosed to the public. (f) In any hearing in which the fitness of a licensee, certificate holder, permit holder, or applicant to practice medicine pursuant to this chapter is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken and may, when in its discretion it deems it necessary, speak to a licensee, certificate holder, permit holder, or applicant in private. (g) This Code section is enacted in the public welfare and shall be liberally construed. (h) A person, partnership, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee, certificate holder, permit holder, or applicant which violate the provisions of subsection (a) of this Code section or any other provisions of law relating to a licensee's, certificate holder's, permit holder's, or applicant's fitness to practice medicine pursuant to this chapter or for initiating or conducting proceedings against such licensee, certificate holder, permit holder, or applicant, if such report is made or action is taken in good faith without fraud or malice. Any person who testifies in good faith without fraud or malice before the board in any proceeding involving a violation of subsection (a) of this Code section or any other law relating to a licensee's, certificate holder's, permit holder's, or applicant's fitness to practice medicine pursuant to this chapter, or who makes a recommendation to the board in the nature of peer review, shall be immune from civil and criminal liability for so testifying. (h) Peer review conducted pursuant to this Code section shall be subject to the provisions of Article 6 of Chapter 7 of Title 31, relating to medical peer review groups. Any person providing information for purposes of peer review under this Code section and any person providing information to the board under this Code section shall not be criminally or civilly liable in any way for such actions unless:
(1) Such information is unrelated to the carrying out of peer review under this Code section; or (2) Such information is false and the person disclosing such information knew that such information was false. (i) This Code section is enacted in the public welfare and shall be liberally construed. (i)(j) The board shall investigate a licensee's, certificate holder's, or permit holder's fitness to practice medicine pursuant to this chapter if the board has received a notification, pursuant to Code Section 33-3-27, regarding that licensee, certificate holder, or permit holder of a medical malpractice judgment or settlement in excess of $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee, certificate holder, or permit holder relating to the practice of medicine pursuant to this chapter involving an action for medical malpractice. Every licensee, certificate holder, or permit holder shall notify the board of any settlement or judgment involving the licensee, certificate holder, or permit holder involving an action for medical malpractice.

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(j)(k) The board shall may conduct an assessment of a licensee's, certificate holder's, or permit holder's fitness to practice medicine pursuant to this chapter if it has disciplined the licensee, certificate holder, or permit holder three times in the last ten years as a result of an action for medical malpractice. The assessment shall include an examination of the licensee's, certificate holder's, or permit holder's entire history with respect to the practice of medicine pursuant to this chapter and a one-day on-site visit to the licensee's, certificate holder's, or permit holder's current practice location. The assessment shall be completed within six months of the third disciplinary action. As a result of its findings the board may take any action it deems necessary to reduce medical errors and promote patient safety, including revocation, suspension, or limiting the licensee's, certificate holder's, or permit holder's license, certificate, or permit or requiring additional clinical training, additional continuing medical education, proctoring, or referral to appropriate rehabilitation facilities. As used in this subsection, the term 'action for medical malpractice' shall have the same meaning as provided in Code Section 9-3-70. The board shall implement this subsection upon the effective date of a specific appropriation of funds for purposes of this subsection as expressed in a line item making specific reference to the full funding of this subsection in an appropriations Act enacted by the General Assembly. (l) If any licensee, certificate holder, permit holder, or applicant after 30 days' notice fails to appear at any hearing of the board for that licensee, certificate holder, permit holder, or applicant, the board may proceed to hear the evidence against such licensee, certificate holder, permit holder, or applicant and take action as if such licensee, certificate holder, permit holder, or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee, certificate holder, permit holder, or applicant or served by certified mail, return receipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee, certificate holder, permit holder, or applicant cannot, after diligent effort, be located, the executive director shall be deemed to be the agent for service for such licensee, certificate holder, permit holder, or applicant for purposes of this Code section, and service upon the executive director shall be deemed to be service upon the licensee, certificate holder, permit holder, or applicant. (m) The voluntary surrender of a license, certificate, or permit or the failure to renew a license, certificate, or permit by the end of the established penalty period shall have the same effect as a revocation of said license, certificate, or permit, subject to reinstatement in the discretion of the board. The board may restore and reissue a license, certificate, or permit to practice under this chapter and, as a condition thereof, may impose any disciplinary sanction provided by this Code section. (n) Subsections (a) and (b) of this Code section shall be supplemental to and shall not operate to prohibit the board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for the board. In cases where those other provisions are law so authorize other disciplinary grounds and

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actions but subsections (a) and (b) of this Code section limit such grounds for action, those other provisions shall apply. (o) The board shall publish all final public disciplinary actions taken against a licensee, certificate holder, or permit holder pursuant to this chapter on its official website.
43-34-38 43-34-9. Proceedings before the board wherein a licensee's, certificate holder's, or permit holder's right to practice medicine pursuant to this chapter in this state is terminated, suspended, or limited or wherein a public reprimand is administered shall require prior notice to the licensee and an opportunity for hearing; and such proceedings shall be considered contested cases within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Neither refusal of a license, certificate, or permit nor a private reprimand nor a letter of concern shall be considered a contested case within the meaning of Chapter 13 of Title 50, and notice and hearing within the meaning of such chapter shall not be required; but the applicant physician shall be allowed to appear before the board if he so requests provided, however, that the applicant shall be allowed to appear before the board, if the applicant so requests, prior to the board making a final decision regarding the issuance of the license, certificate, or permit. The power to subpoena as set forth in Chapter 13 of Title 50 shall include the power to subpoena any book, writing, paper, or document. If any licensee, certificate holder, or permit holder fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee, certificate holder, or permit holder and take action as if such licensee, certificate holder, or permit holder had been present.
43-34-10. Any licensee, certificate holder, or permit holder who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph (5) of Code Section 16-1-3 shall be required to notify the board of the conviction within ten days of the conviction. The failure to notify the board of a conviction shall be considered grounds for revocation of his or her license, certificate, permit, or other authorization to conduct a profession regulated under this chapter.
43-34-3 43-34-11. (a)(1) The board shall be authorized to require persons seeking renewal of a license, or certificate, or permit under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned. This paragraph shall not apply to respiratory care professionals or persons seeking renewal of certification as respiratory care professionals.

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(2) The board shall be authorized to require persons seeking renewal of certification as respiratory care professionals under Article 6 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of certification as a respiratory care professional and the categories in which these hours should be earned. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of Code Section 43-34-143. (b)(1) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or in cases where physicians or physicians' physician assistants are serving in fellowships, new specialty residencies, postgraduate specialty programs, the United States Congress or Georgia General Assembly, or under such other circumstances as the board deems appropriate. (2) The board shall require no more than 20 hours of continuing education annually for retired physicians who have an active license and who provide uncompensated health care services pursuant to Code Section 43-34-45.1 43-34-42 or Article 8 of Chapter 8 of Title 31; provided, however, that the board shall be authorized to require up to 40 hours of continuing education for retired physicians who have not had an active license to practice medicine for up to five years. (c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (d) This Code section shall apply to each licensing, certification, permit, and renewal cycle which begins after the 1990-1991 renewal.
ARTICLE 2
43-34-20. This article shall be known as the 'Medical Practice Act of the State of Georgia.'
43-34-21. The practice of medicine is a privilege granted by the people acting through their elected representatives. It is not a natural right of individuals. In the interests of public health, safety, and welfare and to protect the public from the unprofessional, improper, incompetent, and unlawful practice of medicine, it is necessary to provide laws and regulations to govern the granting and subsequent use of the privilege to practice medicine. To that end, the regulation of that practice deserves a structure designed to concentrate on the practice of medicine. Thus, the primary responsibility and obligation of the Georgia Composite Medical Board are to protect the public.
43-34-20. 43-34-22. As used in this article, the term:

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(1) 'Board' or 'Board of Medical Examiners' means the Composite State Board of Medical Examiners Georgia Composite Medical Board. (2) 'Internship' or any other similar term includes a clinical training program which is defined and approved by the board as a substitute for an internship. (2.1) 'Physician' means a person licensed to practice medicine under this article. (2.1) 'Postgraduate training' means a program for the training of interns, residents, or postresidency fellows that is approved by the Accreditation Council for Graduate Medical Education (ACGME), American Osteopathic Association (AOA), or the board. (3) 'To practice medicine,' 'the practice of medicine,' or 'practicing medicine' means to hold oneself out to the public as being engaged in the diagnosis or treatment of disease, defects, or injuries of human beings; or the suggestion, recommendation, or prescribing of any form of treatment for the intended palliation, relief, or cure of any physical, mental, or functional ailment or defect of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift, or compensation whatsoever; or the maintenance of an office for the reception, examination, and treatment of persons suffering from disease, defect, or injury of body or mind; or attaching the title 'M.D.,' 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,' 'Allopathic Physician,' 'Osteopathic Physician,' or 'Physician,' either alone or in connection with other words, or any other words or abbreviations to one's name, indicating that such person is engaged in the treatment or diagnosis of disease, defects, or injuries to human beings, provided that the terms 'doctors of medicine,' 'doctors of osteopathic medicine,' 'doctors of medicine licensed to practice in the state,' and similar terms wherever used or appearing in this article or elsewhere shall mean and include only those persons who are licensed to practice medicine under this article.
43-34-25. The board shall have authority to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties.
43-34-26 43-34-23. (a) If any person shall hold himself or herself out to the public as being engaged in the diagnosis or treatment of disease or injuries of human beings, or shall suggest, recommend, or prescribe any form of treatment for the palliation, relief, or cure of any physical or mental ailment of any person, with the intention of receiving therefor, either directly or indirectly, any fee, gift, or compensation whatsoever, or shall maintain an office for the reception, examination, or treatment of diseased or injured human beings, or shall attach the title 'M.D.,' 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,' 'Osteopathic Physician,' or 'Physician,' either alone or in connection with other words, or any other word or abbreviation to his or her name indicative that he or she is engaged in the treatment of diseased, defective, or injured human beings, and shall not in any of these cases then possess a valid license to practice medicine under

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the laws of this state, he or she shall be deemed to be practicing medicine without complying with this chapter article and shall be deemed in violation of this chapter article. (b) Nothing in this chapter shall be construed to prohibit:
(1) Gratuitous services in cases of emergency; (2) The practice of the religious tenets or general beliefs of any church whatsoever; (3) The requiring of a fee for examination by opticians, at their established places of business, who do not prescribe or use drugs or medicines or attach to their names titles indicative that any such persons are engaged in the practice of medicine, as defined in this chapter article; (4) The performance of their duties for the federal government by federal physicians, both military and civilian; (5) The consultation on special cases approved by the board in this state of regularly licensed physicians from other states or territories; (6) The licensed practice of dentistry, optometry, psychology, podiatry, or chiropractic; (7) The licensed practice of midwifery or nursing; (8) The utilization of a physician's physician assistant to perform tasks approved by the board, and the performance of such tasks by the physician's physician assistant; the delegation by a physician to a qualified person other than a physician's physician assistant of any acts, duties, or functions which are otherwise permitted by law or established by custom; and the performance of such acts, duties, or functions by such a person other than a physician's physician assistant; or (9) The performance of:
(A) Any medical task by a student enrolled in a medical college school, osteopathic college medical school, or physician's physician assistant training program approved by the board; or (B) Any dental task by a student enrolled in a dental college approved by the Georgia Board of Dentistry; or (C) Any nursing task by a student enrolled in a nursing program approved by the Georgia Board of Nursing where either type any such task is performed under the supervision of an authorized instructor lawfully licensed in this state to perform such tasks.; or (10) The performance by medical assistants of medical tasks, including subcutaneous and intramuscular injections; obtaining vital signs; administering nebulizer treatments; or other tasks approved by the board pursuant to rule, if under the supervision by a physician in his or her office or the performance by medical assistants of medical tasks ordered by a physician assistant or advanced practice registered nurse delegated the authority to issue such an order in accordance with law and pursuant to rules of the board. (c) Nothing in this chapter article shall be construed as preventing any person holding a valid license as a Doctor of Osteopathy on March 16, 1970, from engaging in the practice of osteopathy as the same was practiced by such person at such time, subject to

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biennial renewal of his or her license. Such limited renewal licenses shall not authorize the practice of obstetrics or surgery other than the minor suturing of cuts.
43-34-26.1 43-34-24. (a) As used in this Code section, the term:
(1) 'Administer' means to give a unit dose of any drug or to perform any medical treatment or diagnostic study. (2) 'Controlled substance' means any controlled substance, as defined in Code Section 16-13-21, except any Schedule I controlled substance listed in Code Section 16-1325. (3) 'Dangerous drug' means any dangerous drug, as defined in Code Section 16-1371, but does not include any controlled substance or Schedule I controlled substance. (3.1) 'Dispense' means to issue one or more doses of any drug in a suitable container with appropriate labeling for subsequent administration to, or use by, a patient. (4) 'Dispensing procedure' means a written document signed by a licensed pharmacist and a licensed physician which document establishes the appropriate manner under which drugs may be dispensed pursuant to this Code section. (5) 'Drug' means any dangerous drug or controlled substance. (5.1) 'Job description' means a document signed by a licensed physician and describing the duties which may be performed by a physician's assistant, by which document the physician delegates to that physician's assistant the authority to perform certain medical acts pursuant to subsection (b) of this Code section and which acts shall include, without being limited to, the administering and ordering of any drug shall have the same meaning as in Code Section 43-34-102. (6) 'Nurse' means a person who is a registered professional nurse licensed as such under Article 1 of Chapter 26 of this title. (7) 'Nurse protocol' means a written document mutually agreed upon and signed by a nurse and a licensed physician, by which document the physician delegates to that nurse the authority to perform certain medical acts pursuant to subsection (b) of this Code section, and which acts shall include, without being limited to, the administering and ordering of any drug. (8) 'Order' means to select a drug, medical treatment, or diagnostic study through physician delegation in accordance with a nurse protocol or a physician's physician assistant's job description. Ordering under such delegation shall not be construed to be prescribing, which act can only be performed by the physician, nor shall ordering of a drug be construed to authorize the issuance of a written prescription. (9) 'Physician's 'Physician assistant' means a person licensed as a physician's physician assistant pursuant to Article 4 of this chapter, the 'Physician's Physician Assistant Act.' (b)(1) A physician may delegate to:
(A) A physician's physician assistant in accordance with a job description; or

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(B) A nurse recognized by the Georgia Board of Nursing as a certified nurse midwife, certified registered nurse anesthetist, certified nurse practitioner, or clinical nurse specialist, psychiatric/mental health in accordance with a nurse protocol the authority to order controlled substances selected from a formulary of such drugs established by the Composite State Board of Medical Examiners board and the authority to order dangerous drugs, medical treatments, and diagnostic studies. (2) A physician may delegate to a nurse or physician's physician assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physician's physician assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physician's physician assistant orders or dispenses those dangerous drugs, medical treatments, or diagnostic studies: (A) As an agent or employee of:
(i) The Division of Public Health of the Department of Human Resources; (ii) Any county board of health; or (iii) Any organization:
(I) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, other than an organization which is a hospital, preferred provider organization, health maintenance organization, or similar organization; or (II) Established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act, which organization provides that those medical services and dangerous drugs which are ordered or dispensed by its physician's physician assistants and nurses will be provided at no cost to the patient or at a cost based solely upon the patient's ability to pay; and (B) In conformity with subsection (b) of Code Section 26-4-130 and the rules and regulations established pursuant thereto by the State Board of Pharmacy. (3) In addition, a physician may delegate to a nurse or physician's physician assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physician's physician assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physician's physician assistant orders or dispenses such drugs, treatments, or studies to a patient of an outpatient clinic: (A) Which is owned or operated by a licensed hospital; (B) Which provides such drugs, treatments, or studies free or at a charge to the patient based solely upon the patient's ability to pay; provided, however, such charge shall not exceed the actual cost to the outpatient clinic; and (C) Whose services are primarily provided to the medically disadvantaged

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and that nurse or physician's physician orders or dispenses such drugs in conformity with subsection (b) of Code Section 26-4-130 and the rules and regulations established pursuant thereto by the State Board of Pharmacy. (4) Delegation of authority to a physician's physician assistant pursuant to this subsection shall be authorized only if that delegation is contained in the job description approved for that physician's physician assistant by the Composite State Board of Medical Examiners board. (5) Delegation of authority to a nurse pursuant to this subsection shall be authorized only if that delegation is contained in a nurse protocol for that nurse. (c) The Composite State Board of Medical Examiners board shall be empowered to promulgate rules and regulations governing physicians and physician's physician assistants to carry out the intents and purposes of this Code section, including establishing criteria and standards governing physicians, physician's physician assistants, job descriptions, and nurse protocols. The board shall be authorized to require that protocols not falling within such established criteria and standards be submitted to the board for review and approval or rejection. (d) Notwithstanding any other provision of law to the contrary, a physician's physician assistant or nurse may perform any act authorized to be performed by that person pursuant to and in conformity with this Code section without such act constituting the practice of medicine. (e) Nothing in this Code section shall be construed to limit or repeal this article and Articles 4 and 6 of this chapter, relating to physicians, osteopaths osteopathic physicians, physician's physician assistants, and respiratory therapists, or Article 1 of Chapter 26 of this title, relating to registered nurses. (f) Nothing in this Code section shall be construed to limit or repeal any existing authority of a licensed physician to delegate to a qualified person any acts, duties, or functions which are otherwise permitted by law or established by custom. (g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse who is not an advanced practice registered nurse. (h) Nothing in this Code section shall be construed to limit or repeal the authority of any organization described in division (i) or (ii) of subparagraph (b)(2)(A) of this Code section or any organization established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act to supervise its agents or employees or interfere with the employer and employee relationship of any such agents or employees. (i) Notwithstanding any other provision of law to the contrary, a physician's physician assistant or nurse may perform any act deemed necessary to provide treatment to a hospital or nursing home patient in a life-threatening situation when such act is authorized by standing procedures established by the medical staff of the hospital or nursing home.

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43-34-26.2 43-34-25. (a) As used in this Code section, the term 'pharmacist' means a person who meets the requirements specified in Code Section 26-4-50. (b) A physician may delegate to a pharmacist the authority to modify drug therapy as part of drug therapy management. The physician making such delegation shall adequately supervise the application of his or her order delegating the authority to modify drug therapy. Delegation of such authority shall only be made pursuant to the physician's diagnosis, written order, and drug therapy protocol. Unless a drug therapy modification is a substitution of a generic drug which is pharmaceutically and therapeutically equivalent to the patient's initial prescription drug order pursuant to Code Section 26-4-81, that protocol shall meet the applicable requirements for issuance of prescriptions provided in Code Section 16-13-41 or 16-13-74, whichever is applicable. A drug therapy protocol issued pursuant to this subsection may authorize a pharmacist to dispense a specific drug contained in the protocol as an alternative drug which is not pharmaceutically and therapeutically equivalent to the patient's initial prescription drug order and shall be deemed to be the physician's separate and distinct prescription drug order. All protocols authorized by this subsection shall:
(1) Identify the pharmacist who is authorized to modify drug therapy and the physician who is delegating the authority to modify drug therapy; (2) Indicate the physician's diagnosis of condition or disease state of the patient whose drug therapy may be modified; (3) Identify each patient for whom the physician has delegated the authority to modify drug therapy; (4) Describe specific responsibilities and parameters for modification of drug therapy and patient monitoring authorized under the protocol; (5) Include a statement regarding the types and categories of medication as well as the maximum and minimum dosage levels within the types and categories of medication for which the pharmacist may modify drug therapy including:
(A) Additional procedures or plans which the pharmacist shall follow when the pharmacist modifies drug therapy; and (B) The method of documentation and mechanism of communication of appropriate medical care information or pharmacy care information, or both; description and required frequency of reports which shall include:
(i) Any problems or complications encountered; (ii) A listing of recommendations by pharmacist; and (iii) A complete list of each instance in which drug therapy was modified and how such therapy was modified since the last report; and (6) Stipulate that each such patient must be notified that the pharmacist is authorized to modify drug therapy pursuant to protocol between the pharmacist and the physician. (c) A physician delegating the authority to modify drug therapy must be available through communications for consultation, assistance, and direction. A physician may

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only delegate the authority to modify drug therapy for a patient under the direct medical care and supervision of that physician. (d) An order delegating the authority to modify drug therapy under this Code section shall not be valid for more than two years from the date such order was issued. (e) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs under Code Section 26-4-81. (f) Nothing in this Code section shall be construed to prohibit hospital pharmacists from participating in drug therapy management by protocol or other legal authority established or approved by a member of the hospital medical staff for the care and treatment of hospital patients.
43-34-26.3 43-34-26. (a) As used in this Code section, the term:
(1) 'Advanced practice registered nurse' shall have the same meaning as provided in paragraph (1.1) of Code Section 43-26-3. (2) 'Birthing center' means a facility or building where human births occur on a regular or ongoing basis and which is classified by the Department of Community Health as a birthing center. (3) 'Controlled substance' means any controlled substance as defined in Code Section 16-13-21 but shall not include any Schedule I controlled substance included in Code Section 16-13-25 or any Schedule II controlled substance included in Code Section 16-13-26. (4) 'Dangerous drug' means any dangerous drug as defined in Code Section 16-13-71. (5) 'Delegating physician' means a physician who has entered into a nurse protocol agreement pursuant to this Code section. (6) 'Diagnostic study' means a laboratory test, X-ray, ultrasound, or procedure used to identify a characteristic or distinguishing feature of a particular disease or condition. (7) 'Drug' means any dangerous drug or controlled substance. (8) 'Free health clinic' shall have the same meaning as provided in Code Section 511-29.4. (9) 'Life threatening' means an emergency situation in which a patient's life or physical well-being will be harmed if certain testing is not performed immediately. (10) 'Nurse protocol agreement' means a written document mutually agreed upon and signed by an advanced practice registered nurse and a physician, by which document the physician delegates to that advanced practice registered nurse the authority to perform certain medical acts pursuant to this Code section, and which acts may include, without being limited to, the ordering of drugs, medical devices, medical treatments, diagnostic studies, or in life-threatening situations radiographic imaging tests. Such agreements shall conform to the provisions set forth in subsection (c) of this Code section. (11) 'Order' means to prescribe pursuant to a nurse protocol agreement which drug, medical device, medical treatment, diagnostic study, or in life-threatening situations

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radiographic imaging test is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically. (12) 'Physician' means a person licensed to practice medicine under this chapter article and:
(A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the location where the nurse protocol agreement is being utilized within this state. (13) 'Prescription drug order' means a written or oral order of an advanced practice registered nurse for a drug or medical device for a specific patient. Such term includes an electronic visual image prescription drug order and an electronic data prescription drug order. (14) 'Professional sample' means a complimentary dose of a drug, medication, medication voucher, or medical device provided by the manufacturer for use in patient care. (15) 'Radiographic imaging test' means a computed tomography, magnetic resonance imaging, positron emission tomography, or nuclear medicine. (b) In addition to and without limiting the authority granted pursuant to Code Section 43-34-26.1 43-34-24, a physician may delegate to an advanced practice registered nurse in accordance with a nurse protocol agreement the authority to order drugs, medical devices, medical treatments, diagnostic studies, or, in life-threatening situations, radiographic imaging tests. (c) A nurse protocol agreement between a physician and an advanced practice registered nurse pursuant to this Code section shall: (1) Be between an advanced practice registered nurse who is in a comparable specialty area or field as that of the delegating physician; (2) Contain a provision for immediate consultation between the advanced practice registered nurse and the delegating physician; if the delegating physician is not available, the delegating physician for purposes of consultation may designate another physician who concurs with the terms of the nurse protocol agreement; (3) Identify the parameters under which delegated acts may be performed by the advanced practice registered nurse, including without limitation the number of refills which may be ordered, the kinds of diagnostic studies which may be ordered, the extent to which radiographic image tests may be ordered, and the circumstances under which a prescription drug order may be executed. In the event the delegating physician authorizes the advanced practice registered nurse to order an X-ray, ultrasound, or radiographic imaging test, the nurse protocol agreement shall contain provisions whereby such X-ray, ultrasound, or radiographic imaging test shall be read and interpreted by a physician who is trained in the reading and interpretation of such tests; a report of such X-ray, ultrasound, or radiographic imaging test may be reviewed by the advanced practice registered nurse; and a copy of such report shall be forwarded to the delegating physician, except that such provision for an ultrasound

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shall not be required for an advanced practice registered nurse acting within his or her scope of practice as authorized by Code Sections 43-26-3 and 43-26-5; (4) Require documentation either in writing or by electronic means or other medium by the advanced practice registered nurse of those acts performed by the advanced practice registered nurse which are specific to the medical acts authorized by the delegating physician; (5) Include a schedule for periodic review by the delegating physician of patient records. Such patient records review may be achieved with a sampling of such records as determined by the delegating physician; (6) Provide for patient evaluation or follow-up examination by the delegating physician or other physician designated by the delegating physician pursuant to paragraph (2) of this subsection, with the frequency of such evaluation or follow-up examination based on the nature, extent, and scope of the delegated act or acts as determined by the delegating physician in accordance with paragraph (3) of this subsection and accepted standards of medical practice as determined by the board; (7) Be reviewed, revised, or updated annually by the delegating physician and the advanced practice registered nurse; (8) Be available for review upon written request to the advanced practice registered nurse by the Georgia Board of Nursing or to the physician by the board; and (9) Provide that a patient who receives a prescription drug order for any controlled substance pursuant to a nurse protocol agreement shall be evaluated or examined by the delegating physician or other physician designated by the delegating physician pursuant to paragraph (2) of this subsection on at least a quarterly basis or at a more frequent interval as determined by the board. (d) A written prescription drug order issued pursuant to this Code section shall be signed by the advanced practice registered nurse and shall be on a form which shall include, without limitation, the names of the advanced practice registered nurse and delegating physician who are parties to the nurse protocol agreement, the patient's name and address, the drug or device ordered, directions with regard to the taking and dosage of the drug or use of the device, and the number of refills. A prescription drug order which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-480, respectively. (e) An advanced practice registered nurse may be authorized under a nurse protocol agreement to request, receive, and sign for professional samples and may distribute professional samples to patients. The office or facility at which the advanced practice registered nurse is working shall maintain a list of the professional samples approved by the delegating physician for request, receipt, and distribution by the advanced practice registered nurse as well as a complete list of the specific number and dosage of each professional sample and medication voucher received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal laws and regulations.

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(f) A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician or advanced practice registered nurse to be a party to a nurse protocol agreement as a condition for participation in or reimbursement from such entity. (g) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than four advanced practice registered nurses at any one time, except this limitation shall not apply to an advanced practice registered nurse that is practicing:
(1) In a hospital licensed under Title 31; (2) In any college or university as defined in Code Section 20-8-1; (3) In the Department of Human Resources; (4) In any county board of health; (5) In any free health clinic; (6) In a birthing center; (7) In any entity:
(A) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, and primarily serves uninsured or indigent Medicaid and medicare patients; or (B) Which has been established under the authority of or is receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act; (8) In any local board of education which has a school nurse program; or (9) In a health maintenance organization that has an exclusive contract with a medical group practice and arranges for the provision of substantially all physician services to enrollees in health benefits of the health maintenance organization. (h) Nothing in this Code section shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist duly licensed under Chapter 4 of Title 26 who, in good faith, fills a prescription drug order of an advanced practice registered nurse issued pursuant to a nurse protocol agreement. (i) Nothing in this Code section shall be construed to apply to the practice of a certified registered nurse anesthetist. (j) Nothing in this Code section shall be construed to require an advanced practice registered nurse to be a party to a nurse protocol agreement in order to practice as a registered professional nurse or an advanced practice registered nurse as otherwise permitted by Article 1 of Chapter 26 of this title. (k) Nothing in this Code section shall be construed to authorize an advanced practice registered nurse to issue a prescription drug order for a Schedule I or II controlled substance or authorize refills of any drug for more than 12 months from the date of the original order except in the case of oral contraceptives, hormone replacement therapy, or prenatal vitamins which may be refilled for a period of 24 months. (l) Nothing in this Code section shall be construed to allow an advanced practice registered nurse to perform an abortion or to administer, prescribe, or issue a drug order that is intended to cause an abortion to occur pharmacologically.

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(m) The board shall have the authority to promulgate rules and regulations governing a delegating physician in order to carry out the intents and purposes of this Code section. Further, the board shall be authorized to:
(1) Require that a nurse protocol agreement shall be filed by the delegating physician with the board within a reasonable time from the date of execution; (2) Determine, after review of a filed nurse protocol agreement, if such nurse protocol agreement fails to meet accepted standards of medical practice as established by the board; and (3) Require the delegating physician to amend any such noncompliant nurse protocol agreement in order to meet such accepted standards. (n) Except for practice settings identified in paragraph (7) of subsection (g) of this Code section, it shall be unlawful for a physician to be an employee of an advanced practice registered nurse, alone or in combination with others, if the physician is required to supervise the employing advanced practice registered nurse. Such conduct shall be subject to sanctions by the Georgia Board of Nursing as to the advanced practice registered nurse and the board as to the physician.
43-34-27. (a)(1)(A) Any person who wishes to obtain the right to practice medicine in this state and who was not, prior to March 16, 1970, registered or licensed to practice medicine, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, before it shall be lawful for him or her to practice medicine in this state, make application to the board through the executive director, upon such forms and in such manner as shall be adopted and prescribed by the board, and shall obtain from the board a license to practice medicine. Any person who practices medicine without first having obtained a license shall be deemed to have violated this chapter article. All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied by proof that the applicant is a graduate of one of the two colleges of medicine now existing in this state, or from some other legally incorporated medical college school or osteopathic college medical school. (B) The board by rule or regulation may establish standards and procedures for evaluating, inspecting, and approving any medical school or osteopathic college not already approved by it on or before March 16, 1970 medical school. The evaluation procedure may include consideration of reports from any outside agency having expertise in medical school or osteopathic college medical school evaluation; provided, however, that the board shall make the final decision on approval of medical schools and osteopathic colleges medical schools. Nothing contained in this Code section shall prevent the approval of medical schools outside of the United States or the licensing of graduates of medical schools outside of the United

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States if such schools and their graduates comply with the standards established in this Code section and by rule of the board. (2) Each medical school or osteopathic medical school in good standing with the board shall have a minimum preliminary educational requirement of the completion of a two-year premedical college course. (3) Graduates of board approved medical schools or osteopathic colleges medical schools and persons who are graduated on or before July 1, 1985, from medical schools or osteopathic colleges medical schools which are not approved by the board must complete one year of a board approved internship or postgraduate residency training program to be eligible to stand any regular examination given by the board for a license to practice medicine in this state. Persons who are graduated after July 1, 1985, from medical schools or osteopathic colleges medical schools which are not approved by the board must complete three years of internship, residency, fellowship, or other postgraduate medical training that is approved by the Accreditation Council for Graduate Medical Education (ACGME), the American Osteopathic Association (AOA), or the board to be eligible for a license to practice medicine in this state. Current certification of any applicant by a member board of the American Board of Medical Specialties may be considered by the board as evidence that such applicant's postgraduate medical training has satisfied the requirements of this paragraph. However, before any such person shall be eligible to receive a license to practice medicine in this state, he or she shall furnish the board with satisfactory evidence of attainments and qualifications under this Code section and the rules and regulations of the board. Nothing contained in this Code section shall be construed so as to require a person who has previously passed an examination given by the board for a license to practice medicine in this state to stand another examination. (3)(4) If the applicant submits proof that he or she has had postgraduate training as an intern or resident as required in paragraph (2)(3) of this subsection and if he or she furnishes satisfactory evidence of attainments and qualifications under this chapter article and the rules and regulations of the board, he or she shall be eligible to receive a license from the board giving him or her absolute authority to practice medicine in this state, provided that the board shall, before approving any internship program not already approved by it on or before March 16, 1970, evaluate or inspect such internship program and determine that such internship program meets the standards of programs approved by the board on or before March 16, 1970; provided, however, that the board may limit or restrict a license based on lapses in recent clinical training or experience or any other deficiencies identified by the board. (4)(5) If the date of graduation from an institution mentioned in subparagraph (B) of paragraph (1) of this subsection is on or before January 1, 1967, no proof of internship postgraduate training in an approved hospital need be submitted to obtain a license from the board. (b)(1) Students who have completed the academic curriculum in residence in a foreign medical school and who:

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(A) Have studied medicine at a medical school located outside of the United States, Puerto Rico, and Canada which is recognized by the World Health Organization approved by the board; and (B) Have completed all of the formal requirements of the foreign medical school except internship or social service any postgraduate training equivalent may substitute for the internship or social service postgraduate training equivalent required by a foreign country an academic year of supervised clinical training (clinical clerkship) prior to entrance into the first year of American Medical Association approved graduate education. The supervised clinical training must be under the direction of a medical school approved by the liaison committee on medical education. (2) Before beginning the supervised clinical training, the students must have their academic records reviewed and approved by the medical schools supervising their clinical training and shall pass the Educational Council for Foreign Medical Graduates (ECFMG) qualifying examination. (3) Students who are judged by the sponsoring medical schools to have successfully completed the supervised clinical training shall be eligible to enter the first year of American Medical Association approved graduate training program without completing social service or internship obligations required by the foreign country and without obtaining Educational Council for Foreign Medical Graduates (ECFMG) certification. (c) Notwithstanding any other contrary provisions of this Code section, a person who has: (1) Completed the academic curriculum in residence in a nonapproved medical school, as specified in subsection (b) of this Code section; (2) Completed one year of supervised clinical training in a teaching hospital in Georgia that is approved by the board; (3) Satisfactorily completed one year of a board approved internship or residency training program in Georgia that is approved by the board; (4) Received a favorable letter of recommendation from the program director of such board approved internship or residency program; and (5) Satisfactorily completed components 1 and 2 of the Federation Licensing Examination (FLEX) shall be eligible to apply for a provisional license to practice medicine during the completion of such person's board approved internship or residency training program. Such provisional license, if approved by the board, shall allow the holder to practice medicine in a Health Professional Shortage Area designated as such by the United States Department of Health and Human Services, based on recommendations by the Department of Community Health. Such a provisional license shall not be approved pursuant to this subsection for more than two years and if the licensee leaves, quits, or is expelled from the approved residency program, the provisional license shall be deemed to be revoked. Such provisional license shall be issued only upon approval by the board and nothing contained in this subsection shall be construed to require the issuance of such license.

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(c) For any applicant who has not passed a board approved licensing examination or a board approved specialty board examination or recertification examination within seven years of the date of application, the board shall determine, by an evaluation program established by rule, such person's fitness to resume active status and may require the person to complete a period of evaluated clinical experience and successful completion of an examination. The board may also require a licensee or applicant who is subject to discipline pursuant to Code Section 43-34-9 to take and pass a clinical competency assessment or similar examination approved by the board as a condition of licensure. Nothing contained in this Code section shall be construed so as to require a person who has previously passed an examination approved by the board for a license to practice medicine in this state to stand another examination as a condition of renewal of a current unrestricted license. (d) The board may approve any examination or examinations that it deems must be passed in order to meet the requirements for licensure. Such examinations shall be in English. The board shall establish the passing score which all applicants for licensure shall meet or exceed. If an applicant fails for the third or any subsequent time any examination which is required to be passed in order to become a licensed practitioner in this state, the applicant shall not be eligible to retake any such examination until such applicant furnishes proof of having completed postgraduate one year of approved Accreditation Council for Graduate Medical Education (ACGME) training.
43-34-28. Any qualified applicant who is an alien, except for graduates of accredited Canadian medical schools as approved by the board, must have resided in the United States for one year. All qualified applicants who are aliens and who shall comply with all other requirements of this chapter article shall be eligible to stand the examination provided for in this chapter article and, upon his or her successful completion thereof, shall be granted a license to practice medicine upon compliance with all other requirements prescribed as a prerequisite to the issuance of a license. Graduates of accredited Canadian medical schools, as approved by the board, are exempt from the residency requirement of one year in the United States and may be granted a license by endorsement of the Licentiate Medical Counsel of Canada (LMCC) examination without further examination if the board determines that the applicant substantially meets the qualifications required for licensure in this state.
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;

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(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 or the State Board of Osteopathic Examiners as of the date of such graduation; (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 has had the same training as is required for applicants for examination in paragraph (2) of subsection (a) of Code Section 43-3427, 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.
43-34-29.1 43-34-30. Notwithstanding any other law to the contrary, the board may issue, in its discretion, without examination, a teacher's license to licensed physicians of other states and foreign countries for the sole purpose of teaching or demonstrating medicine in a board approved medical college or its affiliated clinic in this state. If issued after January 1, 1999, a teacher's license shall be valid for up to two years and may only be renewed, at the board's discretion, for one additional year.
43-34-30. The board may grant a license without examination to an alien licensee of a board of another state which requires equal or higher qualifications for licenses, upon the same basis as such state reciprocates with this state, if such an applicant for a license has resided within the United States for at least one year.
43-34-31. Licensed physicians of other states and foreign countries may be permitted to enter this state for consultation with any licensed physician of this state. A physician from another state or from a foreign country shall not be permitted to establish offices in this state for the practice of his or her profession, either temporary or permanent, or practice under another physician's license, unless he or she obtains a license from the board. A license may be issued to a physician of another state or a foreign country by comity or

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reciprocity if the standards for medical licensure of such a state or foreign country equal those of this state, and after such state or foreign country agrees to license physicians of this state on a like basis, provided such agreements are not in conflict with this article.
43-34-31.1 43-34-32. (a) A person who is physically located in another state or foreign country and who, through the use of any means, including electronic, radiographic, or other means of telecommunication, through which medical information or data is are transmitted, performs an act that is part of a patient care service located in this state, including but not limited to the initiation of imaging procedures or the preparation of pathological material for examination, and that would affect the diagnosis or treatment of the patient is engaged in the practice of medicine in this state. Any person who performs such acts through such means shall be required to have a license to practice medicine in this state and shall be subject to regulation by the board. Any such out-of-state or foreign practitioner shall not have ultimate authority over the care or primary diagnosis of a patient who is located in this state. (b) This Code section shall not apply to:
(1) The acts of a doctor of medicine or doctor of osteopathy osteopathic medicine located in another state or foreign country who:
(A) Provides consultation services at the request of a physician licensed in this state; and (B) Provides such services on an occasional rather than on a regular or routine basis; (2) The acts of a physician or osteopath osteopathic physician licensed in another state or foreign country who: (A) Provides consultation services in the case of an emergency; (B) Provides consultation services without compensation, remuneration, or other expectation thereof; or (C) Provides consultation services to a medical school which is located within this state and approved by the board; or (3) The acts of a physician or osteopath osteopathic physician located in another state or foreign country when invited as a guest of any medical school or osteopathic medical school approved by the board or a state medical society or component thereof, for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, provided that such physician or osteopath osteopathic physician is licensed to practice medicine or osteopathy osteopathic medicine in the state or foreign country in which he or she is located. (c) This Code section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting or in a manner not otherwise authorized by the laws of this state. (d) All persons subject to the provisions of this Code section shall be required to comply with all applicable requirements of the laws of this state relating to the maintenance of patient records and the confidentiality of patient information, regardless

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of where such physician or health care provider may be located and regardless of where or how the records of any patient located in this state are maintained.
43-34-32 43-34-33. The executive director, with the approval of the president chairperson of the board, may in his or her discretion issue a temporary license to an applicant, which license shall have the same force and effect as a permanent license until the next regular meeting of the board when the temporary license shall become void. A temporary license shall not be recorded.
43-34-33 43-34-34. (a) Notwithstanding any other law to the contrary, any person who has resided in the United States for one year, who is a graduate of a school accredited and approved as provided in Code Section 43-34-27, and who is employed by this state in any state operated institution, or who is employed by any state medical college approved by the board may upon the request of the superintendent of such state institution or the dean of such medical college employing the physician be granted an institutional license authorizing such physician to practice medicine, under proper medical supervision in accordance with this Code section, in the state institution or medical college employing the licensee. The institutional license may be renewable biennially, so long as the licensee remains in the employ of the state institution or medical college requesting the license, provided that such institutional license shall not be prima-facie evidence that the holder thereof meets the minimum basic requirements for examination by the board or for the issuance of a permanent license to practice medicine. (b) Any residency requirement may be waived at the discretion of the board if a job description is submitted to the board indicating that the applicant's duties in one of the medical colleges in this state are strictly of a teaching nature as opposed to direct patient care. (c) A person issued an institutional license pursuant to this Code section shall not engage in the private practice of medicine and shall not receive fees or any other remuneration from his patients. Persons practicing medicine pursuant to an institutional license issued in accordance with this Code section shall receive as their sole remuneration for the practice of medicine the salary and other remuneration paid by the institution. The license of any person who violates this Code section shall be subject to revocation by the board after notice and opportunity for hearing. (d) Any physician applying for an institutional license who meets all other requirements of the board must also furnish documentation of one year of American Medical Association or American Osteopathic Association approved postgraduate training (internship or residency), or other training acceptable to the board. Any postgraduate training requirement may be waived for those physicians whose duties are strictly of a teaching nature in one of the medical colleges in this state. (e) Institutional license holders shall not be permitted to apply for a Drug Enforcement Agency registration number to write prescriptions to be filled outside the institution.

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(f) On and after July 1, 1983, no institutional license may be granted to any person who previously had not been granted such a license. Any person first granted an institutional license before July 1, 1980, who holds an institutional license on July 1, 1983, may continue to renew that license biennially under the conditions otherwise specified in this Code section. Any person first granted an institutional license on or after July 1, 1980, who holds an institutional license on July 1, 1983, may continue to renew that license biennially under the conditions otherwise specified in this Code section, but these licenses shall expire July 1, 1985, and may not thereafter be renewed.
43-34-34 43-34-35. (a) The board, in its discretion, may issue a provisional license to an applicant who demonstrates to the board that he possesses all the qualifications and meets all requirements necessary to become a licensed practitioner in this state except for having passed any required examination. In such a case, the board may waive the examination requirement and grant a provisional license which shall be valid only so long as the applicant shall practice in the geographic locality specified upon such license. A practitioner so licensed shall annually renew his license and in doing so shall furnish such proof as the board may require to indicate that he has practiced in the geographic location specified upon such license, provided that any such provisional license shall expire 12 months after its issue and may be renewed for only one additional 12 month period following such expiration; provided, further, that a provisional license issued to a person serving on April 16, 1979, as a district health director or as a director of a county board of health shall be renewable annually without such one-time-only renewal limitation, as long as such person continues to meet the other requirements specified in this Code section and continues to serve in such position. The board shall not issue any such provisional license unless it determines, in its discretion, that there is an unfulfilled need for such medical services in the locality specified. (b) Notwithstanding subsection (a) of this Code section, a provisional license issued to a A person who held a valid provisional license on or before April 16, 1979, shall be renewable able to renew such license annually without any one-time-only renewal limitation, as long as such person continues to meet the other requirements specified in this Code section article and does not otherwise violate this article. (c) If a license applicant fails, for the third or any subsequent time, any examination which is required to be passed in order to become a licensed practitioner in this state, the applicant shall not be eligible to retake any such examination until such applicant furnishes proof of having completed one year of appropriate education and training as approved by the board. (d) The board shall have the power to promulgate such rules and regulations as may be necessary to implement the intent of this Code section.
43-34-35 43-34-36. (a) The board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and qualifications under this chapter article and the

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rules and regulations of the board. Such license shall give absolute authority to the person to whom it is issued to practice medicine in this state unless restricted pursuant to this article. (b) It shall be the duty of the executive director, under the direction of the board, to aid in the enforcement of this chapter and in the prosecution of all persons charged with violations of its provisions. (c) Every person holding a license issued by the board under this article shall display it in a conspicuous place in the licensee's principal place of practice.
43-34-36. Before any person who obtains a license from the board may lawfully practice medicine, he shall cause the license to be recorded in the office of the clerk of the superior court of the county in which he resides. The license shall be recorded by the clerk in a book kept for that purpose and shall be indexed in the name of the person to whom the license is granted. The clerk's fee for recording the license shall be the same as for recording a deed. The clerk shall make a report to the executive director, on December 31 of each year, of all licenses registered with him. Each applicant receiving a license from the board shall cause the same to be registered within 30 days.
43-34-39. In all cases wherein a license has been revoked and no appeal has been entered within the time allowed by law, it shall be the duty of the executive director, immediately after the expiration of the time allowed for appeal, to transmit to the clerk of the superior court in whose office the revoked license is recorded a copy of the order of the board revoking the license, certified by the executive director, with the appropriate fee; and it shall be the duty of the clerk to cancel the record of the license by entering upon the face thereof a copy of the certified order. In a case in which appeal proceedings are had and not sustained, the revoked license shall be canceled in the manner above provided, immediately after the final termination of such case.
43-34-40 43-34-37. The board is authorized to pass upon the good standing and reputation of any medical school or osteopathic college medical school. Only such medical schools or osteopathic colleges medical schools will be considered in good standing as that possess a full and complete faculty for the teaching of medicine, surgery, and obstetrics in all their branches; that afford their students adequate clinical and hospital facilities; that have adequate curricula as determined by the board in its discretion; that fulfill all their published promises, requirements, and other claims respecting advantages to their students and the course of instruction; that exact a preliminary educational requirement equal to that specified by this chapter article; that require students to furnish testimonials of good moral standing; and that give advanced standing only on cards from accredited medical schools or osteopathic colleges medical schools. In

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determining the reputation of the medical school or osteopathic college medical school, the right to investigate and make a personal inspection of the same is authorized.
43-34-41. Each medical or osteopathic school or college in good standing with the board shall have a minimum preliminary educational requirement of the completion of a two-year premedical college course.
43-34-42. 43-34-38. (a) Physicians and surgeons licensed to practice medicine in accordance with and under this article shall be the only persons authorized to administer or perform artificial insemination upon any female human being. Any other person or persons who shall attempt to administer or perform or who shall actually administer or perform artificial insemination upon any female human being shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. (b) Any physician or surgeon who obtains written authorization signed by both the husband and the wife authorizing him to perform or administer artificial insemination shall be relieved of civil liability to the husband and wife or to any child conceived by artificial insemination for the result or results of said artificial insemination, provided that the written authorization provided for in this Code section shall not relieve any physician or surgeon from any civil liability arising from his own negligent administration or performance of artificial insemination.
43-34-42.1 43-34-39. (a) This Code section shall be known and may be cited as the 'Access to Medical Treatment Act.' (b) Notwithstanding any other provision of law, and except as provided in subsection (c) of this Code section, an individual shall have the right to be treated for any illness or disease which is potentially life threatening or chronically disabling by a person licensed to practice medicine under this article with any experimental or nonconventional medical treatment that such individual desires or the legal representative of such individual authorizes if such person licensed to practice medicine under this article has personally examined such individual and agrees to treat such individual. (c) A person licensed to practice medicine under this article may provide any medical treatment to an individual described in subsection (b) of this Code section if:
(1) There is no reasonable basis to conclude that the medical treatment itself, when administered as directed, poses an unreasonable and significant risk of danger to such individual; and (2) The person licensed to practice medicine under this article has provided the patient with a written statement and an oral explanation, which the patient has acknowledged by the patient's signature or the signature of the patient's legal

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representative, that discloses the facts regarding the nature of the treatment, specifically including that the treatment offered is experimental or nonconventional, that the drug or medical device has not been approved by the Food and Drug Administration for any indication, as well as the material risks generally recognized by reasonably prudent physicians of such treatment's side effects. (d) The treatment of patients in compliance with this Code section by a person licensed to practice medicine under this article shall not by itself constitute unprofessional practice or conduct.
43-34-43 43-34-40. In addition to any other remedy or criminal prosecution, whenever it shall appear to the board that any person, firm, company, partnership, association, or corporation or the agent, officer, or director of such firm, company, partnership, association, or corporation is or has been violating any of the provisions of this chapter article or any of the laws of the state relating to the practice of medicine, the board may, on its own motion or on the verified complaint in writing of any person, file a complaint in its own name in the superior court having venue and jurisdiction over the parties, alleging the facts and praying for a temporary restraining order and an injunction and permanent injunction against such person, firm, company, partnership, association, or corporation, including any agent, officer, or director of same, restraining him or her from violating such law. Upon proof thereof, the court shall issue such restraining order, injunction, and permanent injunction without requiring allegation or proof that the petitioner therefor has no adequate remedy at law. No restraining order or injunction, whether temporary, permanent, or otherwise, shall be granted without a hearing after at least ten days' notice. It is declared that such violation of this chapter article is a menace and a nuisance dangerous to the public health, safety, and welfare.
43-34-44 43-34-41. Any person who shall buy, sell, or fraudulently obtain any diploma, license, record, or registration to practice osteopathy osteopathic medicine, illegally obtained or signed, or issued unlawfully or under fraudulent representation; or who shall use any of the forms or letters, 'Osteopathy,' 'Osteopath,' 'Osteopathist,' 'Diplomate in Osteopathy,' 'D.O.,' 'D.Sc.O.,' 'Osteopathic Physician,' 'Doctor of Osteopathy,' or any other title or letters, either alone or with other qualifying words or phrases, under such circumstances as to induce the belief that the person who uses such term or terms is engaged in the practice of osteopathy osteopathic medicine, or anyone who shall hold himself or herself out as practicing any other nondrug-giving school of medical practice, without having complied with this article, shall be guilty of a misdemeanor felony.
43-34-45. Any person who, by fraud or misrepresentation, shall practice, pretend to practice, or use the science of osteopathy or other nondrug-giving school of medical practice in treating diseases of the human body shall be guilty of a misdemeanor.

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43-34-45.1 43-34-42. (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 shall issue a special license to qualifying physicians under the terms and conditions set forth in this Code section. The special license 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 shall 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 such person must document such compliance before a special license is issued. (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. (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.

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(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.
43-34-46 43-34-43. (a) Any person who practices medicine without complying with this article or who otherwise violates any provision of this article shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 per each violation or by imprisonment from two to five years, or both. (b) Any person presenting or attempting to file as his or her own the diploma or certificate or credentials of another, or who shall give false or forged evidence of any kind to the board or any member thereof in connection with an application for a license to practice medicine, or who shall practice medicine under a false or assumed name, or who shall falsely impersonate any other practitioner of a like or different name shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 $5,000.00 or by imprisonment from two to five years, or both.
43-34-47 43-34-44. (a) As used in this Code section, the term:
(1) 'Program director' means a physician licensed in this state who is responsible for screening, selecting, and supervising physicians enrolled in one or more of an institution's postgraduate training programs. (2) 'Temporary postgraduate training permit' means a permit issued by the board to a graduate of a board approved medical school or osteopathic medical school who is enrolled in a postgraduate training program deemed acceptable by the board and who does not currently hold a full and unrestricted license in this state. (3) 'Training institution' means an institution that sponsors and conducts a postgraduate training program approved by the Accreditation Council for Graduate Medical Education (ACGME), or the American Osteopathic Association (AOA), or other program approved by the board for the training of interns, residents, or postresidency fellows including Canadian schools. (b)(1) An individual seeking to pursue postgraduate medical training in this state who does not hold a license to practice medicine issued under this chapter article shall apply to the board for a temporary postgraduate training permit. The application shall be made on forms that the board shall furnish and shall be accompanied by the application and permit fees set by the board. Such application shall include the following:
(A) Evidence satisfactory to the board that the applicant has been accepted or appointed to participate at a training institution in this state in one of the following:

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(i) An internship or residency program accredited by either the Accreditation Council for Graduate Medical Education or the American Osteopathic Association; or (ii) A clinical fellowship program at an institution with a residency program accredited either by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association that is in a clinical field the same as or related to the clinical field of the fellowship program; (B) Information satisfactory to the board that identifies the beginning and ending dates of the period for which the applicant has been accepted or appointed to participate in the internship, residency, or clinical fellowship program; and (C) Any other information that the board requires. Nothing in this Code section shall prohibit an individual from obtaining a full and unrestricted license to practice medicine under this article. (2) If the applicant meets the requirements of paragraph (1) of this subsection, the board shall issue a temporary postgraduate training permit to the applicant. A temporary postgraduate training permit issued pursuant to this subsection shall be valid only for a period of one year but may, in the discretion of the board and upon application duly made and payment of the renewal fee required by the board, be renewed annually for the duration of the postgraduate training program for a period not to exceed seven years. The board shall maintain a registry of all individuals who hold temporary postgraduate training permits. (3) The holder of a valid temporary postgraduate training permit shall be entitled to perform such acts as may be prescribed by or incidental to the holder's postgraduate residency training program, but the holder shall not be entitled otherwise to engage in the practice of medicine in this state. The holder shall train only under the supervision of the physicians responsible for supervision as part of the postgraduate training program. The temporary postgraduate training permit shall authorize the person receiving the permit to practice in facilities affiliated with the postgraduate training program only if such practice is part of the training program. (4) Prior to participating in a postgraduate medical training program in this state, individuals must either hold a license to practice medicine or a temporary postgraduate training permit issued by the board or have applied for a temporary postgraduate training permit. The board shall issue temporary postgraduate training permits to applicants meeting the board's qualifications within 30 days of receipt by the board of the application. (5) A temporary postgraduate training permit issued pursuant to this Code section shall expire upon the permit holder's withdrawal or termination from, or completion of, the postgraduate training program or upon obtaining a license to practice medicine under this article. (6) The board shall have the authority to discipline the holder of a temporary postgraduate training permit in the same manner and based upon any ground or violation enumerated in Code Sections 43-1-19 and 43-34-37 Section 43-34-8.

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(7) By obtaining a temporary postgraduate training permit, the permit holder consents to the release of information pursuant to subsection (d) of this Code section from program directors and supervising physicians and authorizes the president chairperson of the board to be an agent for service. (c)(1) The board shall have the authority to refuse to issue or renew or to suspend, revoke, or limit a temporary postgraduate training permit based upon any of the grounds or violations enumerated in Code Sections 43-1-19 and 43-34-37 Section 4334-8. (2) The refusal, suspension, revocation, or limitation of a temporary postgraduate training permit shall not be deemed to be a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and notice and a hearing within the meaning of such chapter shall not be required. The individual or permit holder shall be allowed to appear before the board if he or she so requests regarding such refusal, suspension, revocation, or limitation. (d)(1) It is the responsibility of the program director for the training program to notify the board upon the permit holder's withdrawal or termination from, or completion of, the postgraduate training program. (2) Program directors shall comply with all other reporting requirements which the board by rule and regulation may require. (3) Failure to comply with the board's reporting requirements shall be grounds for disciplinary action by the board. (e) The board may adopt such rules and regulations as necessary to effect the purpose of this Code section.
ARTICLE 3
43-34-60. This article shall be known and may be cited as the 'Acupuncture Act of Georgia.'
43-34-61. The General Assembly finds and declares that the practice of acupuncture in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control.
43-34-62. As used in this article, the term:
(1) 'Acupuncture' means a form of therapy developed from traditional and modern Oriental concepts for health care that employs Oriental medical techniques, treatment, and adjunctive therapies for the promotion, maintenance, and restoration of health and the prevention of disease. (2) 'Auricular (ear) detoxification therapy' means the insertion of disposable acupuncture needles into the five auricular acupuncture points stipulated by the

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National Acupuncture Detoxification Association protocol for the sole purpose of treatment of chemical dependency. (3) 'Board' means the Georgia Composite State Medical Board of Medical Examiners created by Code Section 43-34-21. (4) 'Practice of acupuncture' means the insertion of disposable acupuncture needles and the application of moxibustion to specific areas of the human body based upon Oriental medical principles as a therapeutic modality. Dry needling is a technique of the practice of acupuncture. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, herbal, thermal, electrical, and electromagnetic treatment and the recommendation of dietary guidelines and exercise, but only if such treatments, recommendations, and exercises are based on concepts of traditional Oriental medicine and are directly related to acupuncture therapy.
43-34-63. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of acupuncture applicants and licensed acupuncturists under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees; (6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish continuing education requirements.
43-34-64. (a) Each applicant for a license to practice acupuncture shall meet the following requirements:
(1) Be at least 21 years of age; (2) Submit a completed application required by the board; (3) Submit any fees required by the board; (4) Be certified in acupuncture by a national certification agency accredited by the National Organization of Competency Assurance and approved by the board; (5) Have successfully completed a nationally recognized clean needle technique course approved by the board; and

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(6) Have obtained professional liability insurance in the amount of at least $100,000.00/$300,000.00.; (7) Have passed an acupuncture examination offered by an organization accredited by the National Organization of Competency Assurance and approved by the board; and (8) Have successfully completed a degree in acupuncture or a formal course of study and training in acupuncture. The applicant shall submit documentation satisfactory to the board to show that such education or course of study and training was:
(A) Completed at a school that is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM) or other accrediting entity approved by the board: or (B) Completed by means of a program of acupuncture study and training that is substantially equivalent to the acupuncture education offered by an accredited school of acupuncture approved by the board. (b) Reserved. (c) Before any person licensed to practice acupuncture under this article, who has less than one year of postgraduate clinical experience, may practice on his or her own, such person must engage in one year of active practice under the supervision of a licensed acupuncturist with a minimum of four years active licensed clinical practice. Such supervising acupuncturist may be licensed in Georgia or any other state or country with licensing requirements substantially equal to Georgia's licensing requirements and may accumulate the required four years of active licensed clinical practice in any combination of states so long as the licensing requirements of such other states or countries are substantially equal to Georgia's licensing requirements. (d) Each applicant for a license to perform auricular (ear) detoxification therapy as an auricular (ear) detoxification technician shall meet the following requirements: (1) Be at least 21 years of age; (2) Submit a completed application required by the board; (3) Submit any fees required by the board; (4) Have successfully completed a nationally recognized training program in auricular (ear) detoxification therapy for the treatment of chemical dependency as approved by the board; and (5) Have successfully completed a nationally recognized clean needle technique course approved by the board. (e) The practice of auricular (ear) detoxification therapy may take place in a city, county, state, federal, or private chemical dependency program approved by the board under the direct supervision of a licensed acupuncturist or a person authorized to practice acupuncture by the board who is also authorized to practice medicine under Article 2 of this chapter.
43-34-65. After evaluation of an application and other evidence submitted by an applicant, the board shall notify such applicant that the application and evidence submitted are

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satisfactory and accepted or unsatisfactory and rejected. If an application is rejected, the notice shall state the reasons for rejection.
43-34-66. (a) Any document evidencing licensure issued by the board is the property of the board and must be surrendered on demand. (b) Every person who holds a license issued by the board in accordance with this article and who is engaged in the active practice of acupuncture or the active practice of auricular (ear) detoxification therapy as an auricular (ear) detoxification technician shall display the document evidencing licensure in an appropriate and public manner. (c) Every person who holds a license issued by the board shall inform the board of any change of address.
43-34-67. (a) A license issued under this article shall be renewed biennially if the person holding such license is not in violation of this article at the time of application for renewal and if the application fulfills current requirements of continuing education as established by the board. (b) Each person licensed under this article is responsible for renewing his or her license before the expiration date. (c) Under procedures and conditions established by the board, a license holder may request that his or her license be declared inactive. The licensee may apply for active status at any time and, upon meeting the conditions set by the board, shall be declared active.
43-34-68. (a) Any person who undergoes acupuncture must consent to such procedure and shall be informed in general terms of the following:
(1) That the practice of acupuncture is based upon the Oriental arts and is completely distinct and different from traditional western medicine; (2) That the acupuncturist cannot practice medicine, is not making a medical diagnosis of the person's disease or condition, and that such person should see a physician if he or she wants to obtain a medical diagnosis; and (3) The nature and the purpose of the acupuncture treatment. (b) The board shall develop a standard informed consent form to be used by persons licensed under this article. Such informed consent form shall include the information set forth in subsection (a) of this Code section as well as any other and additional information the board deems appropriate. The information set forth in the informed consent form shall be in language which is easy to read and readily understandable to the consuming public.

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43-34-69. The board, in consultation with the advisory committee, may impose any sanction authorized under subsection (d) (b) of Code Section 43-1-19 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-1-19 43-34-8 or a finding that such conduct involved dividing or agreeing to divide a fee for acupuncture services with any person who refers a patient, notwithstanding that such board is not a professional licensing board.
43-34-70. The board shall appoint an acupuncture advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the include members of the acupuncture profession licensed to practice acupuncture under this article, persons licensed to practice medicine under Article 2 of this chapter who are acupuncturists, and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The charter acupuncture advisory committee may include persons eligible for licensing under this article. Subsequent acupuncture Acupuncture advisory committee members must be licensed pursuant to this article.
43-34-71. (a) Unless licensed under this article or exempted under subsection (b) of this Code section, no person shall:
(1) Practice acupuncture or auricular (ear) detoxification therapy; or (2) Represent himself or herself to be an acupuncturist or auricular (ear) detoxification specialist technician who is licensed under this article. (b) The prohibition in subsection (a) of this Code section does not apply to: (1) Any person licensed to practice medicine under Article 2 of this chapter; (2) The practice of acupuncture which is an integral part of the program of study by students enrolled in an acupuncture education program under the direct clinical supervision of a licensed acupuncturist with at least five years of clinical experience; or (3) The practice of acupuncture by any person licensed or certified to perform acupuncture in any other jurisdiction that has requirements equivalent to or more stringent than this article where such person is doing so in the course of regular instruction in an approved educational program of acupuncture or in an educational seminar of an approved professional organization of acupuncture, provided that in the latter case the practice is supervised directly by a person licensed to practice acupuncture pursuant to this article or an acupuncturist who is licensed to practice medicine under Article 2 of this chapter. (c) Any person violating subsection (a) of this Code section shall, upon conviction thereof, be guilty of a misdemeanor.

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43-34-72. (a) The titles 'Licensed Acupuncturist' (L. Ac.) and 'Acupuncturist' may only be used by persons licensed under this article. (b) The title 'Auricular Detoxification Specialist Technician' (A.D.S.) (A.D.T.) may only be used by persons licensed to practice auricular (ear) detoxification therapy under this article. Possession of a license to practice as an A.D.S. A.D.T. does not by itself entitle a person to identify himself or herself as an acupuncturist. An auricular (ear) detoxification specialist technician is strictly limited to five ear points' treatment for detoxification for substance abuse, chemical dependency, or both. (c) No person licensed under this article may advertise or hold himself or herself out to the public as being authorized to practice medicine under Article 2 of this chapter.
ARTICLE 4
43-34-100. This article shall be known and may be cited as the 'Physician's Physician Assistant Act.'
43-34-101. (a) To alleviate the growing shortage and geographic maldistribution of health care services in this state, the General Assembly intends, by this article, to establish a new category of health care, namely, assistants to physicians, which category includes new types of health care personnel, as well as those persons licensed in presently established categories of health care recognize physician assistants and their role in addressing this growing health care shortage. (b) This article is intended to encourage the more effective utilization of the skills of physicians by enabling them to delegate health care tasks to such assistants where such delegation is consistent with the patient's health and welfare. Toward this end, the General Assembly intends to remove legal constraints which presently constitute unnecessary hindrances to the more effective delivery of health care services.
43-34-102. As used in this article, the term:
(1) 'Applicant' means an individual seeking licensure as a physician assistant pursuant to this article. (1)(2) 'Alternate supervising physician' means a physician to whom a board approved primary supervising physician has delegated the responsibility of supervising a physician's physician assistant who is licensed to approved for supervision by that primary supervising physician and who agrees to supervise the physician's physician assistant for the primary supervising physician and who is on record with the board. (2)(3) 'Board' means the Georgia Composite State Medical Board of Medical Examiners as created by Code Section 43-34-21.

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(3)(4) 'Carry out a prescription drug or device order' means to complete, on a form established and approved by the board, a written prescription drug order or a prescription device order pursuant to the authority delegated by a supervising physician. (4) 'Evaluation agency' means a public or private hospital, school, laboratory, clinic, federal or state institution or agency, or similar facility which has been approved by the board as possessing personnel and equipment and as having had practice in a health care field sufficient to be able to make an objective appraisal, in a manner prescribed by the board, of the proposed physician's assistant's qualifications to perform the tasks described in the job description. (5) 'Job description' means a document, signed by the primary supervising physician and the physician's assistant whom the primary supervising physician is supervising, physician assistant, in which the primary supervising physician delegates to that physician assistant authority to perform certain medical acts and which describes the professional background and specialty of the primary supervising physician; and the qualifications, including related experience of the physician's physician assistant; and includes a general description of how the physician's physician assistant will be utilized in the practice. A job description shall not be required to contain every activity the physician deems the physician's physician assistant qualified to perform but shall confine the activities of the physician's physician assistant to those in the scope of practice of the primary supervising physician. (6) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of this chapter. (7) 'Physician's Physician assistant' means a skilled person an individual licensed pursuant to this article who is qualified by academic and practical training to provide patients' services not necessarily within the physical presence but under the personal direction or supervision of the applying physician to perform certain medical acts and who must practice with physician supervision and direction pursuant to the job description required by this article. (8) 'Primary supervising physician' means the physician to whom the board grants the licenses a physician's assistant pursuant to a board approved job description and who has the primary responsibility for supervising the practice of that physician's a physician assistant pursuant to that physician assistant's job description.
43-34-103. (a)(1) In order to obtain approval for the utilization of a person as a physician's assistant, whether the utilization is in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance of that assistant licensure as a physician assistant, an applicant shall submit an application to the board. Such application shall include: (1)(A) Evidence submitted by the proposed physician's assistant applicant of his or her good moral character; and

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(2)(B) Evidence of his or her competency in a health care area related to the job description which, as a minimum, shall include:
(A)(i) Evidence of satisfactory completion of a training program approved by the board. If the applicant is not a graduate of an accredited school approved by the board, he or she shall be required to receive board approved refresher training and testing; (B) A finding by the board approved evaluation agency that the proposed physician's assistant is qualified to perform the tasks described in the job description; (C) Any nursing task by a student enrolled in a nursing program approved by the Georgia Board of Nursing where any such task is performed under the supervision of an authorized instructor lawfully licensed in this state to perform such tasks; and (D)(ii) Evidence that the person who is to be used as a physician's assistant has achieved a satisfactory score on an appropriate examination outlined, approved, or administered by the board applicant has passed the Physician Assistant National Certification Examination (PANCE) administered by the National Commission for the Certification of Physician Assistants (NCCPA), or its successor, or the National Association for the Certification of Anesthesia Assistants, (NACAA) or its successor. The board may issue a temporary permit to any applicant for licensure who has satisfied the provisions of subparagraphs (A) and (B) division (i) of this paragraph subparagraph and who is an applicant for the next available board approved or administered examination or who has completed this examination and is awaiting the results of such examination. The temporary permit shall expire upon notification of the applicant's failure to achieve a satisfactory score on the board approved or administered examination. A physician assistant licensed pursuant to this paragraph shall not be authorized to perform any medical acts of any sort except as approved for utilization by a physician in a job description pursuant to paragraph (2) of this subsection. The board may grant an inactive licensure status to a physician's physician assistant who is licensed pursuant to this article but who is not practicing with the supervision of a board approved primary supervising physician;. (2) In order to obtain approval for the utilization of a physician assistant, whether the utilization is in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance of such physician assistant shall submit an application to the board which shall include: (i) Evidence that the physician assistant is licensed pursuant to paragraph (1) of this subsection; (3)(ii) A job description meeting the requirements of paragraph (5) of Code Section 43-34-102; and (4)(iii) A fee, established by the board; provided, however, that no fee will be required if the physician's physician assistant is an employee of the state or a county government.

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(b)(1) No primary supervising physician shall have more than four physician's assistants licensed to him or her be a party to a job description with more than four physician assistants for supervising at a time; provided, however, that no physician may supervise more than two physician's physician assistants at any one time except as provided in paragraph (2) of this subsection.
(2)(A) A physician may supervise as many as four physician's physician assistants at any one time while practicing in a group practice in which other physician members of such group practice are primary supervising physicians. (B) A physician may supervise as many as four physician's physician assistants at any one time while acting as an alternate supervising physician:
(i) In an institutional setting such as a hospital or clinic; (ii) On call for a primary supervising physician or a group practice; or (iii) If otherwise approved by the board to act as an alternate supervising physician. (3) A primary supervising physician shall designate in writing to the board such other physicians who may serve as an alternate supervising physician for each physician's physician assistant licensed to approved for supervision by such primary supervising physician. The board shall have authority to approve or deny such designations in whole or in part; provided, however, a physician may be listed as an alternate supervising physician for any number of physician's physician assistants so long as he or she only supervises as many physician's physician assistants at any one time as allowed by paragraph (2) of this subsection. (c)(1) At all times while providing patient services, a physician assistant shall have a signed job description submitted by his or her primary supervising physician and approved by the board. (2) Nothing in this article shall prevent a primary supervising physician from submitting to the board a new or amended physician assistant job description when a physician's assistant, by reason of further education or experience and successfully passing additional tests as shall be outlined and administered by the board, becomes capable of performing a wider range of medical tasks. (d) A physician's assistant shall be allowed to perform his duties only in the principal offices of the applying physicians, which shall be physician assistant is authorized to practice in those public or private places or health facilities where the applying supervising physician regularly sees patients, provided that nothing in this article shall prohibit the rendering of services to a patient by a physician assistant who is not in the physical presence of the supervising physician or preclude a physician's physician assistant from making house calls and hospital rounds, performing hospital duties, serving as an ambulance attendant, or performing any functions performed authorized by the applying supervising physician which the physician's physician assistant is qualified to perform. (e) A physician's physician assistant may not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26, relating to pharmacists.

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(e.1)(1) In addition to the authority granted by Code Section 43-34-26.1 43-34-24, a physician's physician assistant shall be allowed to carry out a prescription drug order or orders for any device as defined in Code Section 26-4-5, any dangerous drug as defined in Code Section 16-13-71, or any Schedule III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or prescription device order form as specified in paragraph (3) of this subsection, pursuant to the authority delegated by the supervising physician of that physician's physician assistant. Delegation of such authority shall be contained in the job description required by this Code section. The delegating physician shall remain responsible for the medical acts of the physician's physician assistant performing such delegated acts and shall adequately supervise the physician's physician assistant. If an existing job description for a physician's physician assistant does not contain such authority to carry out a prescription drug or device order as provided by this subsection, that physician's physician assistant may not issue any such prescription drug or device order until a new job description delegating such authority is submitted to and approved by the board. Nothing in this Code section shall be construed to authorize the written prescription drug order of a Schedule I or II controlled substance. (2) Nothing in this subsection shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription drug or device order presented by a patient pursuant to this subsection. The pharmacist shall presume that the prescription drug or device order was issued by a physician's physician assistant duly licensed under this chapter article who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the physician's physician assistant is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary. (3) The physician's physician assistant shall only be authorized to exercise the rights granted under this subsection using a prescription drug or device order form which includes the name, address, and telephone number of the prescribing supervising physician, the patient's name and address, the drug or device prescribed, the number of refills, and directions to the patient with regard to the taking and dosage of the drug. Such form shall be signed by the physician's physician assistant using the following language:
This prescription authorized through: (the prescribing supervising physician) (M.D. or D.O.) by (the physician's assistant) (the physician assistant) PHYSICIAN'S ASSISTANT PHYSICIAN ASSISTANT. The name of the prescribing supervising physician shall be handwritten in the appropriate space by the physician's physician assistant on the prescription drug or device order form. Any form containing less information than that described in this paragraph shall not be offered to or accepted by any pharmacist who is duly licensed under Title 26.

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(4) The physician's assistant shall inform the patient that the patient has the right to see the physician prior to any prescription drug or device order being carried out by the physician's assistant. (5) Unless otherwise restricted by the board or a board approved job description, the physician's assistant shall not carry out a prescription drug or device order for more than a 30 day supply, except in cases of chronic illnesses where a 90 day supply may be ordered. The physician's assistant may authorize refills up to six months from the date of the original prescription drug or device order; provided, however, that refills may be authorized up to 12 months from the date of the original prescription drug or device order for oral contraceptives or other drugs or devices approved by the board. (4) Nothing in this Code section shall be construed to authorize a physician assistant to authorize refills of any drug for more than 12 months from the date of the original prescription drug or device order. (6)(5) A supervising physician shall personally reevaluate evaluate or examine, at least every three months, any patient receiving controlled substances or, at least every six months, any patient receiving other prescription drugs or devices. (7)(6) In addition to the copy of the prescription drug or device order delivered to the patient, a record of such prescription shall be maintained in the physician's office patient's medical record in the following manner:
(A) A copy of the prescription drug or device order shall be appended to or otherwise maintained in the patient's medical file The physician assistant carrying out a prescription drug or device order shall document such order either in writing or by electronic means; and (B) The supervising physician shall countersign the prescription drug or device order copy or medical record entry for each prescription drug or device order within a reasonable time, not to exceed seven working days, unless such countersignature is required sooner by a specific regulation, policy, or requirement The supervising physician of a physician assistant who carries out a prescription drug or device order shall conduct a periodic review of the records of patients to whom a physician assistant issues a prescription drug or device order. Such review may be achieved with a sampling of such records as determined by the board. (8)(7) A physician's physician assistant is not permitted to prescribe drugs or devices except as authorized in the physician's physician assistant's job description and in accordance with this chapter article. (9)(8) The board shall may adopt any rules establishing: (A) The content and use of prescription drug or device order forms; (B) Procedures to evaluate an application for a job description containing the authority to carry out a prescription drug or device order; (C) A formulary of prescription drugs or devices which may or may not be included in a job description; (D) The maintenance and custody of records for prescription drug or device orders;

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(E) A minimum of three continuing medical education hours biennially in practice specific pharmaceuticals in which the physician's assistant has prescriptive order privileges; and (F) Any other rules the board may deem deems necessary or appropriate to carry out the intent and purpose of this Code section or to protect the public welfare. (10)(9) Nothing in this Code section is intended to repeal any rules established by the board relating to the requirements and duties of physician's physician assistants in remote practice sites. (10) A physician assistant authorized by a primary supervising physician to order controlled substances pursuant to this Code section is authorized to register with the federal Drug Enforcement Administration. (11) A physician assistant delegated the authority by the primary supervising physician to carry out a prescription drug or device order shall be required to complete a minimum of three hours of continuing education biennially in practice specific pharmaceuticals in which the physician assistant has prescriptive order privileges. (e.2) A physician's physician assistant shall be allowed to request, receive, and sign for professional samples and may distribute professional samples to patients, pursuant to authority delegated by the supervising physician of that physician's physician assistant. Delegation of such authority shall be contained in the job description required by this Code section; provided, however, the office or facility at which the physician's physician assistant is working must maintain a list of professional samples approved by the supervising physician for request, receipt, and distribution by the physician's physician assistant as well as a complete list of the specific number and dosage of each professional sample received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal law and regulations. As used in this subsection, the term 'professional samples' means complimentary doses of a drug, medication vouchers, or medical devices provided by the manufacturer for use in patient care. (f) A physician employed by the Department of Human Resources or by any institution thereof or by a local health department whose duties are administrative in nature and who does not normally provide health care to patients as such employee shall not be authorized to apply for or utilize the services of any physician's physician assistant employed by the Department of Human Resources or by any institution thereof or by a local health department. (g) Nothing in this article shall be construed to prohibit a physician's physician assistant from performing those acts the performance of which have been delegated to that physician's physician assistant pursuant to and in conformity with Code Section 4334-26.1 43-34-24. (h) A physician and a physician's physician assistant may enter into a temporary practice agreement exempt from any filing fees with the board by which agreement the physician supervises the services provided by the physician's physician assistant to patients at a specific facility or program operated by any organization exempt from

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federal taxes pursuant to Section 501(c)(3) of the federal Internal Revenue Code, provided that:
(1) Such services are provided primarily to financially disadvantaged patients; (2) Such services are free or at a charge to the patient based solely on the patient's ability to pay and provided, further, that such charges do not exceed the actual cost to the facility or program; (3) The supervising physician and the physician's physician assistant voluntarily and gratuitously donate their services; (4) Prior to providing any patient services, a copy of the temporary practice agreement, signed by both the supervising physician and the physician's physician assistant, is on file at the facility or program and is sent to the board; (5) The temporary practice agreement is for a specified period of time, limits the services of the physician's physician assistant to those within the usual scope of practice of the supervising physician, and is signed by both the supervising physician and the physician's physician assistant prior to the physician's physician assistant providing patient services; and (6) The facility or program has notified the board of its intent to provide patient services and utilize licensed physicians and physician's physician assistants under the conditions set out in this subsection. (i)(1) Notwithstanding any provision of this article to the contrary, a physician's physician assistant licensed pursuant to this article or licensed, certified, or otherwise authorized to practice in any other state or federal jurisdiction and whose license, certification, or authorization is in good standing who responds to a need for medical care created by conditions which characterize those of a state of emergency or public health emergency may render such care that the physician's physician assistant is able to provide with such supervision as is available at the immediate scene or at the local site where such need for medical care exists or at a relief site established as part of a state or local safety plan established pursuant to Chapter 3 of Title 38. Such services shall be provided by a physician's physician assistant in response to the request of an appropriate state or local official implementing a state or local emergency management plan or program, and in accordance with applicable guidelines established by such officials or plans. The authority granted by this Code section shall last no longer than 48 hours or such time as the board may establish under guidelines for supervision of the physician's physician assistant rendering medical care. (2) For the purposes of this subsection, the term 'public health emergency' has the same meaning as in paragraph (6) of Code Section 38-3-3, and the term 'state of emergency' has the same meaning as in paragraph (7) of Code Section 38-3-3. (j) A physician assistant shall be allowed to make a pronouncement of death pursuant to authority delegated by the supervising physician of the physician assistant and to certify such pronouncement in the same manner as a physician. (k) It shall be unlawful for a physician to be an employee of a physician assistant, alone or in combination with others, if the physician is required to supervise the

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physician assistant; provided, however, that this shall not apply to arrangements of this nature which were approved by the board on or before July 1, 2009. Such conduct shall be subject to sanctions by the board as to the physician and the physician assistant.
43-34-104. (a) Within a reasonable time after receipt of the documents required by Code Section 43-34-103 this article, the board shall give to the applicant written notice of approval or disapproval of the physician assistant's application; and, if approval of the application is given, the board shall issue to the assistant a license authorizing the assistant to perform medical tasks under the direction and supervision of the applying physician. (b) The board shall not approve an application unless it finds from the information forwarded with the application that the proposed physician's assistant is fully qualified to perform the tasks described in the job description and will be utilized in a manner that will not endanger the health and welfare of patients upon whom he may perform the described medical tasks applicant has complied with the requirements in this article.
43-34-105. On receipt of notice of the board's approval, a physician's physician assistant, under the direction of the applying physician, may perform the tasks described in the job description, provided that nothing in this Code section shall make unlawful the performance of a medical task by the physician's physician assistant, whether or not such task is specified in the general job description, when it is performed under the direct supervision and in the presence of the physician utilizing him or her.
43-34-106. Any physician, clinic, or hospital using a physician's physician assistant shall post a notice to that effect in a prominent place.
43-34-107. (a) The approval of a physician's utilization of a physician's physician assistant may be terminated and the license revoked by the board when, after due notice and a hearing, in accordance with this Code section, it shall find that the assistant is incompetent or has committed unethical or immoral acts, including, but not limited to, holding himself or herself out or permitting another to represent him or her as a licensed physician; performing otherwise than at the direction of a physician approved by the board to utilize the assistant's services; habitually using intoxicants or drugs to such an extent that he or she is unable safely to perform as an assistant to the physician; or being convicted in any court, state or federal, of any felony or other criminal offense involving moral turpitude. (b) Before the board shall give written notice to the physician's physician assistant of termination of approval granted by it to an assistant, it will give to the assistant a timely and reasonable written notice indicating the general nature of the charges, accusation, or complaint preferred against him and stating that the assistant will be given an

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opportunity to be heard concerning such charges or complaints; and it shall hold a public hearing within a reasonable time. Following such hearing, the board shall determine, on the basis of its regulations, whether the approval of the assistant shall be terminated. (c) In hearings held pursuant to this Code section, the board shall apply the rules of evidence as prescribed in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (d) The board may impose on a physician assistant any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8.
43-34-108. In addition to the powers specifically delegated to it in this article, the board shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient development of the category of health care established by this article. The board shall have the authority to promulgate rules and regulations governing the definitions of delegation by physicians to qualified persons other than physician's physician assistants of any acts, duties, or functions which are permitted by law or established by custom. Any power vested by law in the board, but not implemented by specific provisions for the exercise thereof, may be executed and carried out by the board in a reasonable manner, pursuant to such rules, regulations, and procedures as the board may adopt and subject to such limitations as may be provided by law.
ARTICLE 5
43-34-120. This article shall be known and may be cited as the 'Controlled Substances Therapeutic Research Act.'
43-34-121. (a) The General Assembly finds and declares that the potential medicinal value of marijuana has received insufficient study due to a lack of financial incentives for the undertaking of appropriate research by private drug manufacturing concerns. Individual physicians cannot feasibly utilize marijuana in clinical trials because of federal governmental controls which involve expensive, time-consuming approval and monitoring procedures. (b) The General Assembly further finds and declares that limited studies throughout the nation indicate that marijuana and certain of its derivatives possess valuable and, in some cases, unique therapeutic properties, including the ability to relieve nausea and vomiting which routinely accompany chemotherapy and irradiation used to treat cancer patients. Marijuana also may be effective in reducing intraocular pressure in glaucoma patients who do not respond well to conventional medications.

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(c) The General Assembly further finds and declares that, in enabling individual physicians and their patients to participate in a state-sponsored program for the investigational use of marijuana and its derivatives, qualified physicians and surgeons throughout the state will be able to study the benefits of the drug in a controlled clinical setting, and additional knowledge will be gained with respect to dosage and effects. (d) It is the intent of the General Assembly in enacting this article to permit research into the therapeutic applications of marijuana and its derivatives in cancer and glaucoma patients. This would allow qualified physicians approved by the Patient Qualification Review Board created by Code Section 43-34-124 to provide the drug on a compassionate basis to seriously ill persons suffering from the severe side effects of chemotherapy or radiation treatment and to persons suffering from glaucoma who are not responding to conventional treatment, which persons would otherwise have no lawful access to it. It is the further intent of the General Assembly to facilitate clinical trials of marijuana and its derivatives, particularly with respect to persons suffering from cancer and glaucoma who would be benefited by use of the drug. (e) This article is limited to clinical trials and research into therapeutic applications of marijuana only for use in treating glaucoma and in treating the side effects of chemotherapeutic agents and radiation and should not be construed as either encouraging or sanctioning the social use of marijuana. Nothing in this article shall be construed to encourage the use of marijuana in lieu of or in conjunction with other accepted medical treatment, but only as an adjunct to such accepted medical treatment.
43-34-122. As used in this article, the term:
(1) 'Composite board' 'Board' means the Georgia Composite State Medical Board of Medical Examiners established pursuant to Article 2 of this chapter. (2) 'Marijuana' means marijuana or tetrahydrocannabinol, as defined or listed in Article 2 of Chapter 13 of Title 16. (3) 'Physician' means a person licensed to practice medicine pursuant to Article 2 of this chapter. (4) 'Program' means the Controlled Substances Therapeutic Research Program established pursuant to Code Section 43-34-123. (5) 'Review board' means the Patient Qualification Review Board established pursuant to Code Section 43-34-124.
43-34-123. (a) There is established under the Georgia Composite State Medical Board of Medical Examiners the Controlled Substances Therapeutic Research Program, which shall be administered by the composite board. Under the program, the composite board shall act as a sponsor of state-wide investigational studies, utilizing as drug investigators individual physicians who elect to participate in accordance with the guidelines and protocols developed by the composite board. Such guidelines and protocols shall be designed to ensure that stringent security and record-keeping requirements for research

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drugs are met and that participants in the program meet those research standards necessary to establish empirical bases for the evaluation of marijuana as a medically recognized therapeutic substance. The composite board shall promulgate such rules and regulations as it deems necessary or advisable to administer the program. In promulgating such guidelines, protocols, rules, and regulations, the composite board shall take into consideration those pertinent rules and regulations promulgated by the Federal Drug Enforcement Agency, the Food and Drug Administration, and the National Institute on Drug Abuse. (b) The program shall be limited to patients who are certified to the composite board by a physician as being:
(1) Cancer patients involved in a life-threatening situation in which treatment by chemotherapy or radiology has produced severe side effects; or (2) Glaucoma patients who are not responding to conventional controlled substances. (c) No patient may be admitted to the program without full disclosure by the physician of the experimental nature of the program and of the possible risks and side effects of the proposed treatment. (d) The cost of any blood test required by the federal Food and Drug Administration prior to entrance into the program shall be paid by the patient seeking entrance into the program. (e) Only the following persons shall have access to the names and other identifying characteristics of patients in the program for whom marijuana has been prescribed under this article: (1) The composite board; (2) The review board created by Code Section 43-34-124; (3) The Attorney General or his or her designee; (4) Any person directly connected with the program who has a legitimate need for the information; and (5) Any federal agency having responsibility for the program.
43-34-124. (a) The composite board shall appoint the Patient Qualification Review Board. Each member of the review board shall be approved for such membership by a majority vote of the composite board and shall serve at the pleasure of the composite board. The review board shall be composed of:
(1) A board certified physician in ophthalmology; (2) A board certified physician in surgery; (3) A board certified physician in internal medicine and medical oncology; (4) A board certified physician in psychiatry; (5) A board certified physician in radiology; and (6) A pharmacist licensed under Chapter 4 of Title 26, relating to pharmacists, pharmacy, and drugs. (b) The review board shall elect from its members a chairman chairperson and a vicechairman vice chairperson. The review board shall hold regular meetings at least once

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every 60 days and shall meet at such additional times as shall be called by the chairman chairperson of the review board or the president chairperson of the composite board. Each member of the review board shall receive for services for each day's attendance upon meetings of such board the same amount authorized by law for members of the General Assembly for attendance upon meetings of the General Assembly. (c) The composite board shall adopt such rules and regulations as it deems necessary for the performance of the duties of the review board. (d) The review board shall review all patient applicants for the program and their physicians and shall certify those qualified for participation in the program. The review board shall additionally certify pharmacies which are licensed by the state and which are otherwise qualified and certify physicians regarding the distribution of marijuana pursuant to Code Section 43-34-125. Meetings of the review board to certify patients, physicians, or pharmacies shall not be open to the public, as otherwise required by Chapter 14 of Title 50.
43-34-125. (a) The composite board shall apply to contract with the National Institute on Drug Abuse for receipt of marijuana pursuant to this article and pursuant to regulations promulgated by the National Institute on Drug Abuse, the Food and Drug Administration, and the Federal Drug Enforcement Agency. (b) The composite board shall cause marijuana approved for use in the program to be transferred to a certified pharmacy, licensed by the state, for distribution to the certified patient by a licensed pharmacist upon a written order for research medication of the certified physician, pursuant to this article. Any reasonable costs incurred by the composite board in obtaining or testing marijuana shall be charged to participating physicians who may seek reimbursement from their research subjects utilizing the marijuana.
43-34-126. Patient participants in the program are immune from state prosecution for possession of marijuana as authorized by this article and under the program established in this article. A person authorized under this program shall not possess an amount of marijuana in excess of the amount prescribed under the authority of this article. The amount prescribed shall be maintained in the container in which it was placed at the time the prescription was filled. Physician, pharmacy, and pharmacist participants in the program are immune from state prosecution for possession, distribution, and any other use of marijuana, which use is authorized such persons by this article. Any such possession, distribution, or other use not authorized by this article shall be enforced and punished as provided in Chapter 13 of Title 16, relating to controlled substances and dangerous drugs, and Chapter 4 of Title 26, relating to pharmacists and pharmacies.

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ARTICLE 6
43-34-140. This article shall be known and may be cited as the 'Respiratory Care Practices Act.'
43-34-141. The General Assembly finds and declares that the practice of respiratory care in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control.
43-34-142. As used in this article, the term:
(1) 'Board' means the Georgia Composite State Medical Board of Medical Examiners as created by Code Section 43-34-21. (2) 'Respiratory care' means the rendering of services to patients with deficiencies or abnormalities which affect the pulmonary and cardiac systems and which services involve therapy, management, rehabilitation, diagnostic evaluation, education, or care of such patients with regard to such deficiencies or abnormalities. (3) 'Respiratory care professional' means any person certified under this article to practice respiratory care.
43-34-143. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for certification, renewal of the certificate, and reciprocal certification; (2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, and renew the certification of respiratory care professional applicants and certificate holders under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and certification fees; (6) Request and receive the assistance of state educational institutions or other state agencies; (7) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the general public and appropriate state agencies; and (8) Establish continuing education requirements.

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43-34-144. The board shall, upon application and payment of fees, issue a certification to perform respiratory care to persons who are not certified under this article but who were practicing respiratory care in this state on April 27, 1993, upon written evidence of such practice verified under oath. Such persons shall complete their application for certification no later than 18 months following April 27, 1993. A person granted a certification under this Code section shall be subject to the other provisions of this article relating to persons granted such certifications under Code Section 43-34-145, including but not limited to continuing education requirements.
43-34-145 43-34-144. (a) Each applicant for certification as a respiratory care professional shall meet the following requirements:
(1) Is at least 18 years of age; (2) Has submitted a completed application as required by the board; (3) Has submitted any fees required by the board; (4) Has successfully passed the entry level examination given by the National Board for Respiratory Care, Inc., or such other examination as the board may in its discretion administer or approve; and (5) Has met such other requirements as may be prescribed by the board. (b) In addition to the requirements specified in subsection (a) of this Code section, each applicant for certification under this chapter article shall be working under the supervision or direction of a person licensed under Article 2 of this chapter and shall, in order to maintain certification, continue to work under the supervision or direction of a person licensed under Article 2 of this chapter.
43-34-146 43-34-145. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.
43-34-147 43-34-146. (a) Any document evidencing certification issued by the board is the property of the board and must be surrendered on demand. (b) The certificate holder shall display the document evidencing certification in an appropriate and public manner. (c) The certificate holder shall inform the board of any change of his address. (d) The certificate shall be renewed biennially if the certificate holder is not in violation of this article at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board. (e) Each person certified under this article is responsible for renewing his or her certificate before the expiration date.

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(f) Under procedures and conditions established by the board, a certificate holder may request that his or her certification be declared inactive. The certificate holder may apply for active status at any time and upon meeting the conditions set by the board shall be declared active. (g) The board shall be authorized to:
(1) Require persons seeking renewal of certification as respiratory care professionals under this article to complete board approved continuing education; (2) Establish the number of hours of continuing education to be completed as well as the categories in which the continuing education is to be completed; and (3) Approve courses offered by institutions of higher learning, specialty societies, or professional organizations.
43-34-147.1 43-34-147. Upon payment of a fee determined by the board, a temporary permit may be issued to practice respiratory care for a period of:
(1) Twelve For a period of 12 months to an applicant for certification under Code Section 43-34-147.2 43-34-148 providing that applicant presents written evidence verified by oath that the applicant was certified, licensed, or practicing respiratory care within the last 12 months in another state; or (2) Eighteen months to To a person who is a graduate of an accredited respiratory therapy program accredited by the Commission on Accreditation of Allied Health Education Programs, or the equivalent thereof as accepted by the board, pending completion of the other requirements for certification under this article.
43-34-147.2 43-34-148. An individual who has been granted certification, registration, licensure, or other authority by whatever name known to practice respiratory care in another state having requirements for such authority to practice which are substantially equal to or which exceed the requirements for a similar certificate in this state may petition the board for reciprocity in this state and, upon submission of an application and requisite fees and upon verification by oath and submission of evidence acceptable to the board, may be granted a certificate to practice respiratory care in Georgia.
43-34-148. 43-34-149. (a) The board, in consultation with the advisory committee, may: impose on a respiratory care professional any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8.
(1) Refuse to grant or renew certification to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the certificate holder; (3) Suspend the certificate of any certificate holder for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said certificate;

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(4) Limit or restrict any certificate as the board deems necessary for the protection of the public; (5) Revoke any certificate; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or certificate holder's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the certificate holder or applicant has: (1) Failed to demonstrate the qualifications or standards for certification contained in this Code section, or under the laws, rules, or regulations under which certification is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for certification, and, if the board is not satisfied as to the applicant's qualifications, it may deny certification without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession certified under this title or on any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in obtaining certification to practice a certified business or profession, or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his certificate under this article revoked, suspended, or annulled by any lawful authority other than the board; or had other disciplinary action taken against him by any such lawful authority other than the board; or was refused the renewal of

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certification by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the certificate holder or applicant to practice a business or profession certified under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the certified business or profession but shows that the certificate holder or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession certified under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any uncertified person or any certificate holder whose certificate has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the certificate holder by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession certified under this article, when the certificate holder or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or certification reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice a business or profession certified under this article with reasonable skill and safety to the public or has become unable to practice the certified business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-34-149. 43-34-150. The board shall appoint a respiratory care advisory committee. The committee shall be composed of persons engaged in the practice of respiratory therapy, persons licensed under Article 2 of this chapter who specialize or are board certified in pulmonary medicine, and such members as the board at its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine.

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43-34-150. 43-34-151. (a) Unless certified under this article or exempted under subsection (b) of this Code section, no person shall:
(1) Practice respiratory care; or (2) Represent himself or herself to be a respiratory care professional who is certified under this article. (b) The prohibition in subsection (a) of this Code section does not apply to: (1) The delivery of respiratory care by health care personnel who have been formally trained in these modalities and who are duly licensed to provide that care under any other provision of this title; (2) The practice of respiratory care which is an integral part of the program of study by students enrolled in a respiratory care education program recognized by the Joint Review Committee for Respiratory Therapy Education and the American Medical Association Committee on Allied Health Education and Accreditation (CAHEA) or the equivalent thereof as accepted by the board. Students enrolled in respiratory therapy education programs shall be identified as 'student-RCP' and shall only provide respiratory care under direct clinical supervision; (3) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care professional; (4) Respiratory care services rendered in the course of an emergency or disaster; (5) Persons in the military services or working in federal facilities when functioning in the course of their assigned duties; (6) The performance of respiratory care diagnostic testing by individuals who are certified or registered as pulmonary function technologist technologists by the National Board for Respiratory Care, or equivalent certifying agency, as recognized by the board; (7) The delivery, assembly, setup, testing, and demonstration of oxygen and aerosol equipment upon the order of a physician licensed under Article 2 of this chapter; or (8) Persons who perform limited respiratory care procedures under the supervision of a certified respiratory care professional in a hospital or nursing home when the board has defined the competencies required to perform such limited respiratory care procedures. (c) Any person violating the prohibition of subsection (a) of this Code section shall be guilty of a misdemeanor. (d) Practitioners regulated under this article shall be covered pursuant to Code Section 51-1-29. (e) Nothing in this article shall be construed to permit the practice of medicine as defined by this chapter.
43-34-151. 43-34-152. Proceedings under this article shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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ARTICLE 7
43-34-170. This article shall be known and may be cited as the 'Clinical Perfusionist Licensure Act.'
43-34-171. As used in this article, the term:
(1) 'Advisory committee' means the committee appointed pursuant to Code Section 43-34-180. (2) 'Board' means the Georgia Composite State Medical Board of Medical Examiners created by Code Section 43-34-21. (3) 'Extracorporeal circulation' means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the function of the patient's heart, lungs, kidneys, liver, or other organ. (4) 'License' means a license to practice as a licensed clinical perfusionist or provisional licensed clinical perfusionist. (5) 'Licensed clinical perfusionist' means a person licensed as such pursuant to this article. (6) 'Perfusion' means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, or respiratory system or other organ, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under the order and supervision of a physician, including, but not limited to:
(A) The use of extracorporeal circulation; long-term cardiopulmonary support techniques, including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation; and associated therapeutic and diagnostic technologies; (B) Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion; (C) The use of techniques involving blood management, advanced life support, and other related functions; (D) In the performance of the acts described in subparagraphs (A) through (C) of this paragraph:
(i) The administration of: (I) Pharmacological and therapeutic agents; or (II) Blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician; or
(ii) The performance and use of: (I) Coagulation monitoring and analysis; (II) Physiologic monitoring and analysis; (III) Blood gas and chemistry monitoring and analysis;

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(IV) Hematological monitoring and analysis; (V) Hypothermia and hyperthermia; (VI) Hemoconcentration and hemodilution; and (VII) Hemodialysis; and (E) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, clinical perfusion protocols, or changes in, or the initiation of, emergency procedures. (7) 'Perfusion protocols' means perfusion related policies and protocols developed or approved by a licensed health care facility or a physician through collaboration with administrators, licensed clinical perfusionists, and other health care professionals. (8) 'Physician' means a person licensed to practice medicine under Article 2 of this chapter. (9) 'Provisional licensed clinical perfusionist' means a person provisionally licensed pursuant to this article.
43-34-172. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses of board applicants for licensure as licensed clinical perfusionists and provisional licensed clinical perfusionists under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees; (6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish education, examination, and continuing education requirements.
43-34-173. (a) Except as otherwise provided in subsection (b) of this Code section, each applicant for a license to practice as a licensed clinical perfusionist shall meet the following requirements:
(1) Be at least 21 years of age; (2) Submit a completed application required by the board;

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(3) Submit any fees required by the board; (4) Have successfully completed a perfusion education program approved by the board, which program has educational standards at least as stringent as programs approved by the Committee on Allied Health Education and Accreditation (CAHEA) prior to 1994 or the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor; (5) Pass a competency examination prepared or approved by the board and administered to qualified applicants at least once each calendar year, which examination may be or may include the complete examination given by the American Board of Cardiovascular Perfusion (ABCP) or its successor; and (6) Have met such other requirements as may be prescribed by the board. (b) Notwithstanding the provisions of subsection (a) of this Code section, a person may apply to the board before January 1, 2003, and be granted a license as a licensed clinical perfusionist upon satisfactory proof that the person was operating cardiopulmonary bypass systems during cardiac surgical cases in a licensed health care facility as the person's primary function for at least six of those eight years immediately preceding the date of application. (b) The executive director, with the approval of the chairperson of the board, may in his or her discretion issue a temporary license to an applicant, which license shall have the same force and effect as a permanent license until the next regular meeting of the board at which time the temporary license shall become void.
43-34-174. (a) A license is not the property of the holder but is the property of the board. A license to practice perfusion is valid for two years. The board may provide that licenses expire on various dates. A person may renew an unexpired license by submitting proof of current certification by the American Board of Cardiovascular Perfusion (ABCP) or its successor and compliance with the continuing professional education requirements prescribed by the board and paying the required renewal fee to the board before the expiration date of the license. (b) The license holder must:
(1) Display the license in an appropriate and public manner; or (2) Maintain on file at all times during which the license holder provides services in a health care facility a true and correct copy of the license certificate in the appropriate records of the facility and keep the board informed of any change of address. (c) A license issued by the board is the property of the board and shall be surrendered on demand. (d) Each person licensed under this article shall be responsible for renewing his or her license before the expiration date. (e) If a person's license has been expired for not more than two years three months, the person may renew the license by submitting proof, satisfactory to the board, of compliance with the continuing professional education requirements prescribed by the board and any penalty fee prescribed by the board.

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(f) If a person's license has been expired for more than two years three months, the person may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the current requirements and procedures for obtaining a license. (g) The board may renew reinstate without reexamination an expired license of a person who was licensed in this state, moved to another state or states, is currently licensed or certified, and has been in practice in another state or states for two years immediately preceding the person's application to renew reinstate a license. The person shall pay the required fee as established by the board.
43-34-175. (a) A license as a provisional licensed clinical perfusionist may be issued by the board to a person who submits to the board evidence of having successfully completed an approved perfusion education program required for licensure under Code Section 4334-173 and upon the filing of an application and payment of the application fee. (b) A provisional licensed clinical perfusionist shall be under the supervision and direction of a licensed clinical perfusionist at all times during which the provisional licensed clinical perfusionist performs perfusion. The board may promulgate rules governing such supervision and direction but shall not require the immediate physical presence of the supervising licensed clinical perfusionist. (c) A provisional license shall be valid for two years from the date it is issued and may not be renewed. The provisional licensee must comply with all of the requirements for licensure under Code Section 43-34-173 prior to the expiration of the two-year provisional license period. A provisional licensee may submit an application for licensure as a licensed clinical perfusionist once he or she has complied with all of the requirements for licensure under Code Section 43-34-173. (d) If a person fails to meet the requirements for licensure under Code Section 43-34173 on or before the expiration of the two-year provisional license period, such person's provisional license shall be automatically revoked and surrendered to the board.
43-34-176. On receipt of an application and application fee, the board may waive the examination and educational requirements for an applicant who at the time of application:
(1) Is appropriately licensed or certified in another state, territory, or possession whose requirements for the license or certificate are substantially equal to the requirements of this article; or (2) Holds a current certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion (ABCP) or its successor.
43-34-177. (a) A person may not engage or offer to engage in perfusion or use the title or represent or imply that the person has the title of 'licensed clinical perfusionist' or 'provisional licensed clinical perfusionist' or use the letters 'L.C.P.' or 'P.L.C.P.' and may not use any

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facsimile of such titles in any manner to indicate or imply that the person is a licensed clinical perfusionist or provisional licensed clinical perfusionist unless the person holds an appropriate license issued pursuant to this article or is exempted under the provisions of Code Section 43-34-178. (b) A person may not use the title or represent or imply that such person has the title 'certified clinical perfusionist' or use the letters 'C.C.P.' and may not use any facsimile of such title in any manner to indicate or imply that such person is a certified clinical perfusionist certified by the American Board of Cardiovascular Perfusion (ABCP) unless the person holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion (ABCP). (c) Any person who violates the provisions of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor.
43-34-178. (a) The provisions of Code Section 43-34-177 shall not apply to:
(1) A person licensed as a physician pursuant to Article 2 of this chapter; (2) A person licensed under this title as a registered professional nurse or a licensed physician's physician assistant or certified as a respiratory care professional under this title if:
(A) The person does not represent to the public, directly or indirectly, that the person is licensed pursuant to this article and does not use any name, title, or designation indicating that he or she is licensed pursuant to this article; and (B) The person limits his or her acts or practice to the scope of practice authorized by the appropriate licensing agency; (3) Any person performing autotransfusion who possesses appropriate training and practices within the guidelines of the American Association of Blood Banks under the supervision of a perfusionist licensed under this article or a physician licensed under Article 2 of this chapter; (4) A student enrolled in an accredited perfusion education program if the perfusion services performed are: (A) An integral part of the student's course of study; and (B) Performed under the direct supervision of a licensed clinical perfusionist who is assigned to supervise the student and is on duty and immediately available in the assigned patient care area; (5) The practice of any legally qualified perfusionist employed by the United States government while in the discharge of his or her official duties; or (6) A person working as a dialysis care technician in an end stage renal disease facility licensed pursuant to Chapter 44 of Title 31 or a licensed hospital. (b) Any person violating the prohibition of subsection (a) of this Code section shall be guilty of a felony.

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43-34-179. (a) The board, in consultation with the advisory committee, may: impose on a licensed clinical perfusionist or a provisional licensed clinical perfusionist any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8.
(1) Refuse to grant or renew licensure to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the license holder; (3) Suspend the license of any license holder for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of such license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or license holder's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the license holder or applicant has: (1) Failed to demonstrate the qualifications or standards for licensure contained in this article or under the laws, rules, or regulations under which licensure is sought or held. The applicant shall demonstrate to the satisfaction of the board that he or she meets all the requirements for licensure, and, if the board is not satisfied as to the applicant's qualifications, it may deny licensure without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining licensure to practice a licensed business or profession; or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:
(A) A plea of nolo contendere was entered to the charge;

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(B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license under this article revoked, suspended, or annulled by any lawful authority other than the board; had other disciplinary action taken against him or her by any such lawful authority other than the board; or was refused the renewal of licensure by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the license holder or applicant to practice a business or profession licensed under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the license holder or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession licensed under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any license holder whose license has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the license holder by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this article, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this article, when the license holder or applicant knows or should know that such action is in violation of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or licensure reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice a business or profession licensed under this article with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by

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reason of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-34-180. The board shall appoint an advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the include clinical perfusionists licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory Advisory committee members must be licensed pursuant to this article.
ARTICLE 8
43-34-190. This article shall be known and may be cited as the 'Orthotics and Prosthetics Practice Act.'
43-34-191. The General Assembly finds that the practice of orthotics and prosthetics in this state is an allied health profession recognized by the American Medical Association, with educational standards established by the Commission on Accreditation of Allied Health Education Programs. The increasing population of elderly and physically challenged individuals who need orthotic and prosthetic services requires that the orthotic and prosthetic professions be regulated to ensure the provision of high-quality services and devices. The people of this state deserve the best care available and will benefit from the assurance of initial and ongoing professional competence of the orthotists and prosthetists practicing in this state. The practice of orthotics and prosthetics serves to improve and enhance the lives of individuals with disabilities by enabling them to resume productive lives following serious illness, injury, or trauma. Unregulated dispensing of orthotic and prosthetic care does not adequately meet the needs or serve the interests of the public. In keeping with requirements imposed on similar health disciplines, licensure of the orthotic and prosthetic professions will help ensure the health and safety of consumers, as well as maximize their functional abilities and productivity levels. This article shall be liberally construed to best carry out these subjects and purposes.
43-34-192. As used in this article, the term:
(1) 'Assistant' means a person who assists an orthotist, prosthetist, or prosthetist orthotist with patient care services and fabrication of orthoses or prostheses under the supervision of a licensed orthotist or prosthetist.

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(2) 'Board' means the Georgia Composite Medical Board of State Medical Examiners created by Code Section 43-34-21. (3) 'Custom fabricated and fitted device' means that an orthosis or prosthesis is fabricated to original measurements or a mold, or both, for use by a patient in accordance with a prescription and which requires substantial clinical and technical judgment in its design and fitting. (4) 'Custom fitted device' means a prefabricated orthosis or prosthesis sized, or modified, or both, for use by a patient in accordance with a prescription and which requires substantial clinical judgment and substantive alteration for appropriate use. (5) 'Facility' means the business location where orthotic or prosthetic care is provided and which has the appropriate clinical and laboratory space and equipment to provide comprehensive orthotic or prosthetic care. Licensed orthotists and prosthetists must be available to either provide care or supervise the provision of care by nonlicensed staff. (6) 'Level of competence' means a hierarchical position that an individual occupies within a field or profession relative to other practitioners in the profession. (7) 'Licensed orthotist' means a person licensed under this article to practice orthotics and who represents himself or herself to the public by title and description of services that includes the term 'orthotic,' 'orthotist,' 'brace,' or a similar title or description of services. (8) 'Licensed physician' means a person licensed to practice medicine under Article 2 of this chapter. (9) 'Licensed podiatrist' means a person licensed to practice podiatry under Chapter 35 of this title, the 'Georgia Podiatry Practice Act.' (10) 'Licensed prosthetist' means a person licensed under this article to practice prosthetics and who represents himself or herself to the public by title and description of services that includes the term 'prosthetic,' 'prosthetist,' 'artificial limb,' or a similar title or description of services. (11) 'Off-the-shelf device' means a prefabricated prosthesis or orthosis sized or modified, or both, for use by a patient in accordance with a prescription and which does not require substantial clinical judgment and substantive alteration for appropriate use. (12) 'Orthosis' means a custom designed, fabricated, fitted, modified, or fitted and modified device to correct, support, or compensate for a neuromusculoskeletal disorder or acquired condition. Orthosis does not include fabric or elastic supports, corsets, arch supports, low-temperature plastic splints, trusses, elastic hoses, canes, crutches, soft cervical collars, dental appliances, or other similar devices that are carried in stock and sold as over-the-counter items by a drug store, department store, corset shop, or surgical supply facility. (13) 'Orthotic and prosthetic education program' means a course of instruction accredited by the Commission on Accreditation of Allied Health Education Programs consisting of:

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(A) A basic curriculum of college level instruction in math, physics, biology, chemistry, and psychology; and (B) A specific curriculum in orthotic or prosthetic courses, including:
(i) Lectures covering pertinent anatomy, biomechanics, pathomechanics, prosthetic or orthotic components and materials, training and functional capabilities, prosthetic or orthotic performance evaluation, prescription considerations, etiology of amputations and disease processes necessitating prosthetic or orthotic use, and medical management; (ii) Subject matter related to pediatric and geriatric problems; (iii) Instruction in acute care techniques, such as immediate and early postsurgical prosthetics and fracture bracing techniques; and (iv) Lectures, demonstrations, and laboratory experiences related to the entire process of measuring, casting, fitting, fabricating, aligning, and completing prostheses or orthoses. (14) 'Orthotic and prosthetic scope of practice' means a list that includes the role played by an occupant of a particular level of competence, what he or she can be expected to do and not to do, and his or her relation to others in the field. These should be based on nationally accepted standards of orthotic and prosthetic certifying agencies with accreditation by the National Commission for Certifying Agencies. (15) 'Orthotics' means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis under an order from a licensed physician or podiatrist for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. (16) 'Orthotist' means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom designed, fabricated, or modified and fitted external orthosis to an orthotic patient based on a clinical assessment and a physician's or podiatrist's prescription to restore physiological function or cosmesis or both and who represents himself or herself to the public by such title as providing orthotic services. (17) 'Over-the-counter device' means a prefabricated, mass produced device that is prepackaged and requires no professional advice or judgment in either size selection or use and includes fabric or elastic supports, corsets, generic arch supports, and elastic hoses. (18) 'Person' means a natural person. (19) 'Prosthesis' means a custom designed, fabricated, fitted, modified, or fitted and modified device to replace an absent external limb for purposes of restoring physiological function or cosmesis or both. Prosthesis does not include artificial eyes, ears, fingers, or toes; dental appliances; cosmetic devices such as artificial breasts, eyelashes, or wigs; or other devices that do not have a significant impact on the musculoskeletal functions of the body. (20) 'Prosthetics' means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis under an order from a licensed physician or podiatrist.

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(21) 'Prosthetist' means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom designed, fabricated, modified, and fitted external limb prosthesis to a prosthetic patient based on a clinical assessment and a physician's or podiatrist's prescription, to restore physiological function or cosmesis or both and who represents himself or herself to the public by such title as providing prosthetic services. (22) 'Prosthetist orthotist' means a person who practices both disciplines of prosthetics and orthotics and who represents himself or herself to the public by such title as providing prosthetic and orthotic services. (23) 'Resident' means a person who has completed an education program in either orthotics or prosthetics and is continuing his or her clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education. (24) 'Technician' means a person who assists an orthotist, prosthetist, or prosthetist orthotist with fabrication of orthoses or prostheses but does not provide direct patient care.
43-34-193. This article shall not be construed to prohibit:
(1) A licensed physician from engaging in the practice for which he or she is licensed; (2) A person licensed in this state under any other law from engaging in the practice for which he or she is licensed; (3) The practice of orthotics or prosthetics by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties; (4) The practice of orthotics or prosthetics by:
(A) A student enrolled in a school of orthotics or prosthetics; or (B) A resident continuing his or her clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education; (5) The practice of orthotics or prosthetics by a person who is an orthotist or prosthetist licensed under the laws of another state or territory of the United States or another country and has applied in writing to the board, in a form and substance satisfactory to the board, for a license as an orthotist or prosthetist and who is qualified to receive the license until: (A) The expiration of six months after the filing of the written application; (B) The withdrawal of the application; or (C) The denial of the application by the board; (6) A person licensed by this state as a physical therapist or occupational therapist from engaging in his or her profession; (7) A licensed podiatrist from engaging in his or her profession; (8) A licensed athletic trainer from engaging in his or her profession; (9) A registered pharmacist from engaging in the practice for which he or she is registered;

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(10) Any person licensed, certified, or permitted under any other article of this chapter from engaging in the practice for which he or she is licensed, certified, or permitted; (11) The measuring, molding, or fitting of knee braces by any person; (12) Employees or authorized representatives of an orthotic manufacturer from engaging in one or more of the following: evaluating, adjusting, measuring, designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering an orthotic device under the order, direction, or prescription of a physician or health provider operating within his or her licensed scope of practice and meeting the criteria of the Part II Policy and Procedures for Orthotics and Prosthetics Services pursuant to Title XIX of the federal Social Security Act, as amended; or (13) A board certified pedorthist from manufacturing, fabricating, dispensing, or any combination thereof custom foot orthotics or foot or ankle gauntlets.
43-34-194. An application for an original license shall be made to the board on a form prescribed thereby and shall be accompanied by the required fee, which shall not be refundable. An application shall require information that in the judgment of the board will enable it to determine the qualifications of the applicant for a license.
43-34-195. (a) To qualify for a license to practice orthotics or prosthetics, a person shall:
(1)(A) Possess a baccalaureate degree from a college or university; (B) Have completed the amount of formal training, including, but not limited to, any hours of classroom education and clinical practice, established and approved by the board; and (C) Complete a clinical residency in the professional area for which a license is sought in accordance with standards, guidelines, or procedures for residencies inside or outside this state established and approved by the board. The majority of training must be devoted to services performed in the discipline for which the license will be sought and under the supervision of a practitioner licensed in orthotics or prosthetics or a person certified as an orthotist, prosthetist, or prosthetist orthotist, provided that the certification was obtained before the date this article becomes effective; or (2)(A) Possess an associate's degree from a college or university with specific courses of study in human anatomy, physiology, physics, chemistry, and biology; and (B) Have completed at least five years of continued work experience performed in the discipline for which the license will be sought under the supervision of a practitioner licensed in such discipline or certified in such discipline by an agency accredited by the National Commission for Certifying Agencies; (3) Pass all written, practical, and oral examinations that are required and approved by the board;

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(4) Be qualified to practice in accordance with nationally accepted standards of orthotic and prosthetic care; and (5) Have met such other requirements as may be prescribed by the board. (b) The standards and requirements for licensure established by the board shall be substantially equal to or in excess of standards commonly accepted in the profession of orthotics or prosthetics. The board shall adopt rules as necessary to set the standards and requirements. (c) A person may be licensed in more than one discipline.
43-34-196. The board, in consultation with the advisory committee, may impose on a licensed orthotist or prosthetist any sanction authorized under subsection (b) of Code Section 4334-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8. shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses of board applicants for licensure as licensed orthotists and prosthetists and provisional licensed orthotists and prosthetists under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees; (6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish education, examination, and continuing education requirements.
43-34-197. (a) No person shall work as an assistant to an orthotist, prosthetist, or prosthetist orthotist and provide patient care services or fabrication of orthoses or prostheses unless he or she is doing the work under the supervision of a licensed orthotist, prosthetist, or prosthetist orthotist. (b) No person shall work as a technician unless the work is performed under the supervision of a person licensed under this article.
43-34-198. (a) Until July 1, 2007, a person certified as an orthotist, prosthetist, or prosthetist orthotist by the American Board for Certification in Orthotics and Prosthetics,

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Incorporated or the Board of Orthotist/Prosthetist Certification, or holding similar certifications from other accrediting bodies with equivalent educational requirements and examination standards, may apply for and may be granted orthotic or prosthetic licensure under this article upon payment of the required fee. After that date, any applicant for licensure as an orthotist or a prosthetist shall meet the requirements of subsection (a) of Code Section 43-34-195. (b) On and after July 1, 2007, no person shall practice orthotics or prosthetics in this state and hold himself or herself out as being able to practice such professions unless he or she is licensed in accordance with this article or is exempt from such licensing. A person who violates this subsection shall, upon conviction thereof, be guilty of a misdemeanor. (c) Not later than August 30, 2006, a person who has practiced full time for a minimum of the past seven years in this state in a prosthetic orthotic facility as an orthotist or prosthetist may file with the board an application and the license fee determined by the board in order to continue to practice orthotics or prosthetics without satisfaction of the examination and education requirements. The board shall investigate the work history, qualifications, and fitness of the applicant. The investigation may include, but not be limited to, completion by the applicant of a questionnaire regarding the applicant's work history and scope of practice. The board shall complete its investigation for purposes of this Code section within six months of receipt of a fully completed application. If, after receipt of the application fee, a fully completed application, and the completion of the investigation, the board determines that the applicant satisfied the work history requirements of this Code section and met all other qualifications for licensure, except the examination and education requirements, the board shall issue a license to practice orthotics or prosthetics. A license issued to a person under this subsection shall not be renewed without compliance with the requirements of Code Section 43-34-195.
43-34-199. A licensed orthotist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician or podiatrist. A licensed prosthetist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician or podiatrist.
43-34-200. (a) The expiration date and renewal period for each license issued under this article shall be set by the board. A license shall be valid for a period of up to two years and shall be renewed biennially as provided by rule of the board. The board shall establish continuing education requirements for the renewal of a license. These requirements shall be based on established standards of competence in the field of orthotics or prosthetics. (b) A person who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by:
(1) Making application to the board;

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(2) Filing proof acceptable to the board of his or her fitness to have his or her license restored including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the board; and (3) Paying the required restoration fee. If the person has not maintained an active practice in another jurisdiction satisfactory to the board, the board shall determine, by an evaluation program established by rule, such person's fitness to resume active status and may require the person to complete a period of evaluated clinical experience and successful completion of an examination. (c) A person whose license expired while he or she was: (1) In federal service on active duty within the armed forces of the United States or with the state militia and called into service or training; or (2) In training or education under the supervision of the United States preliminary to induction into military service may have his or her license renewed or restored without paying a lapsed renewal fee if, within two years after termination from the service, training, or education except under conditions other than honorable, he or she furnishes the board with satisfactory evidence that he or she has been so engaged and that his or her service, training, or education has been terminated.
43-34-201. A person who notifies the board on forms prescribed thereby may elect to place his or her license on an inactive status and shall, subject to rules of the board, be excused from payment of renewal fees until he or she notifies the board of his or her desire to resume active status. A person requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in Code Section 43-34-200. An orthotist or prosthetist whose license is on inactive status shall not practice orthotics or prosthetics in this state.
43-34-202. The board may, at its discretion, license as an orthotist or prosthetist, without examination and on payment of the required fee, an applicant who is an orthotist or prosthetist and is:
(1) Licensed under the laws of another state, territory, or country, if the requirements for licensure in that state, territory, or country in which the applicant is licensed were, at the date of his or her licensure, equal to or more stringent than the requirements in force in this state on that date; or (2) Certified as an orthotist or prosthetist by a national certifying organization that is accredited by the National Commission for Certifying Agencies and has educational and testing standards equal to or more stringent than the licensing requirements of this state.
43-34-203. (a) The board, in consultation with the advisory committee, may:

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(1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the licensee or applicant has: (1) Failed to demonstrate the qualifications or standards for licensure contained in this article, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for issuance of a license, and, if the board 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 board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith, practiced fraud or deceit or intentionally made any false statement in obtaining certification to practice a licensed business or profession, or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first

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offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license under this article revoked, suspended, or annulled by any lawful authority other than the board; or had other disciplinary action taken against him or her by any such lawful authority other than the board; or was refused the renewal of a license by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession licensed under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this article, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance of renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed any inability to practice a business or profession licensed under this article with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-34-204 43-34-203. The board shall appoint the advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the include licensed

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orthotists and prosthetists licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory committee members must be licensed pursuant to this article.
ARTICLE 9
43-34-240. This article shall be known and may be cited as the 'Georgia Cosmetic Laser Services Act.'
43-34-241. This article is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for state administrative control, supervision, and regulation of the practice of providing cosmetic laser services. It is the intention of the General Assembly that cosmetic laser services be made available and affordable to the people of this state in a safe, reliable manner. Unregulated cosmetic laser services do not adequately meet the needs or serve the interests of the public. Licensure of those performing cosmetic laser services and required education and training of such practitioners will help ensure the health and safety of consumers. The practice of providing cosmetic laser services is declared to be affected with the public interest; and this article shall be liberally construed so as to accomplish the purpose stated in this Code section.
43-34-242. As used in this article, the term:
(1) 'Board' means the Composite State Board of Medical Examiners Georgia Composite Medical Board created by Code Section 43-34-21 43-34-22. (2) 'Consulting physician' means a person licensed to practice medicine under this chapter and:
(A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the facility with whom he or she has an agreement to provide services in accordance with Code Section 43-34-248. (3) 'Consumer' means a person on whom cosmetic laser services are or are to be performed. (4) 'Cosmetic laser practitioner' means a person licensed under this article to provide cosmetic laser services as defined in this article and whose license is in good standing. (5) 'Cosmetic laser services' means nonablative elective cosmetic light based skin, photo rejuvenation, or hair removal using lasers and pulsed light devices approved by the United States Food and Drug Administration for noninvasive procedures. Such

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services and the provision thereof shall not be considered to be the practice of medicine. (6) 'Facility' means any location, place, area, structure, office, institution, or business or a part thereof in which is performed or provided cosmetic laser services regardless of whether a fee is charged for such services. (7) 'License' means a valid and current certificate of registration issued by the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (8) 'Licensee' means any person holding a license under this article. (9) 'Medical practitioner' means a registered professional nurse, licensed practical nurse, nurse practitioner, physician's physician assistant, or physician. (10) 'Nurse' means a registered professional nurse, licensed practical nurse, or nurse practitioner. (11) 'Person' means a natural person.
43-34-243. This article shall not be construed to prohibit:
(1) A licensed physician from engaging in the practice for which he or she is licensed; (2) A licensed physician's physician assistant from engaging in the practice for which he or she is licensed; (3) A person licensed by this state as a registered professional nurse, licensed practical nurse, or nurse practitioner from engaging in his or her profession; (4) A licensed esthetician from engaging in his or her profession; (5) A master cosmetologist from engaging in his or her profession; (6) Any person licensed under any other article of this chapter from engaging in the practice for which he or she is licensed; (7) A person licensed in this state under any other law from engaging in the practice for which he or she is licensed; (8) The practice of providing cosmetic laser services by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties; (9) The practice of providing cosmetic laser services by a student enrolled in an accredited school of nursing or medical school as part of his or her training; or (10) Employees or authorized representatives of a manufacturer of a laser used for cosmetic laser services from engaging in one or more of the following: evaluating, adjusting, measuring, designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering a laser used to provide cosmetic laser services under the order, direction, or prescription of a physician or health provider operating within his or her licensed scope of practice.
43-34-244.

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(a) There shall be two levels of a license for a cosmetic laser practitioner: assistant laser practitioner and senior laser practitioner. (b) Any person desiring to obtain a license as a cosmetic laser practitioner under the terms of this article shall make application to the board as follows:
(1) An applicant for an 'assistant laser practitioner' license shall present proof that he or she:
(A) Holds a current valid license or certificate of registration as a physician's physician assistant, nurse, esthetician, or master cosmetologist, or has previously held a license or certificate of registration as a medical practitioner; and (B) Has received at least three laser certificates from attending laser/intense pulsed light (IPL) courses as approved by the board, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational requirements; is of good moral character; and is possessed of the requisite skill to perform properly cosmetic laser services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the assistant laser practitioner level under the direct supervision of a senior laser practitioner. (2) An applicant for a 'senior laser practitioner' license shall present proof that he or she: (A) Holds a current valid license or certificate of registration as a physician's physician assistant or nurse or has previously held a license or certificate of registration as a medical practitioner; (B) Has at least three years of clinical or technological medical experience, or both; (C) Has been or was licensed or nationally board certified as a medical practitioner for at least three years; and (D) Has received at least two laser certificates from attending laser/intense pulsed light (IPL) continuing medical education courses as approved by the board, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational and clinical training requirements to perform cosmetic laser services with indirect supervision; is of good moral character; and is possessed of the requisite skill to perform properly these services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the senior laser practitioner level pursuant to the protocols of a consulting physician. (c) The board shall be authorized to waive any education requirements under this Code section in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who has practiced as a cosmetic laser practitioner prior to July 1, 2007. (d) Should an applicant have a current cosmetic laser practitioner license or certificate of registration in force from another state, country, territory of the United States, or the

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District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued a license at the appropriate level entitling him or her to practice the occupation of a cosmetic laser practitioner at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this article. The board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice as a cosmetic laser practitioner outside of this state and who desires to obtain a license at a level authorized under this Code section to practice as a cosmetic laser practitioner in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
43-34-245. (a) All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the board prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the board and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. (b) As a condition of license renewal, the board shall require licensees to provide proof, in a form approved by the board, of a minimum of five hours of continuing education courses as approved by the board in the area of cosmetic laser services, equipment safety and operation, procedures, and relative skin modalities, directly taught by a licensed physician or certified continuing medical education or continuing education educator.
43-34-246. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a cosmetic laser practitioner under this article upon a finding by the board that the licensee or applicant has: may impose on a cosmetic laser practioner or applicant any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8.
(1) Displayed an inability or has become unable to practice as a cosmetic laser practitioner with reasonable skill and safety to consumers by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition:
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an

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appropriate practitioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing cosmetic laser services in this state or who shall file an application for a license to provide cosmetic laser services in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing cosmetic laser services under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of cosmetic laser practitioner with reasonable skill and safety to consumers; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing as a cosmetic laser practitioner in this state or who shall file an application to practice cosmetic laser services in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding; (2) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the

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provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute; (3) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a consumer or other person or entity in connection with the practice of providing cosmetic laser services or in any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice cosmetic laser services or as a cosmetic laser practitioner; or made a false or deceptive biennial registration with the board; (4) Has had a license or certificate of registration as a medical practitioner revoked, suspended, or denied; (5) Practiced cosmetic laser services contrary to this article or to the rules and regulations of the board; knowingly aided, assisted, procured, or advised any person to provide cosmetic laser services contrary to this article or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to provide cosmetic laser services; (6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person, as determined as a result of an investigation initiated upon the board's own motion or as a result of a sworn written request for investigation, by or on behalf of a consumer, of an act or acts which occurred within three years of such initiation or request; or (7) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this article. (b)(1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:
(A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license; (F) Condition the penalty or withhold formal disposition, upon the cosmetic laser practitioner's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board; or (G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board. (2) In addition to or in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or

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applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (c) In its discretion, the board may restore and reissue a license issued under this article and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this article. (d) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a cosmetic laser practitioner, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a cosmetic laser practitioner shall be immune from civil and criminal liability for so testifying.
43-34-247. The practice of providing cosmetic laser services is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice when engaged in by a person who is not licensed as a cosmetic laser practitioner or otherwise licensed to practice a profession which is permitted under law to perform cosmetic laser services is declared to be harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such unlicensed practice exists, or any person or organization having an interest therein, may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law, or to allege or prove any special injury.
43-34-248. Any facility providing cosmetic laser services shall have an agreement with a consulting physician who shall:
(1) Be trained in laser modalities; (2) Establish proper protocols for the cosmetic laser services provided at the facility and file such protocols with the board; and (3) Be available for emergency consultation with the cosmetic laser practitioner or anyone employed by the facility.
43-34-249. (a) Prior to receiving cosmetic laser services from a cosmetic laser practitioner, a person must consent in writing to such services and shall be informed in writing of the general terms of the following:
(1) The nature and purpose of such proposed procedure;

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(2) Any material risks generally recognized and associated with the cosmetic laser service to be performed which, if disclosed to a reasonably prudent person in the customer's position, could reasonably be expected to cause such prudent person to decline such proposed cosmetic laser services on the basis of the material risk of injury that could result from such proposed services; (3) The type of license the individual who will be performing the cosmetic laser service has obtained; and (4) The steps to be followed after the cosmetic laser service is performed in the event of any complications. (b) It shall be the responsibility of the cosmetic laser practitioner to ensure that the information required by subsection (a) of this Code section is disclosed and that the consent provided for in this Code section is obtained. (c) Where the consumer is under 18 years of age, the consent of the consumer's parent or legal guardian shall be required. (d) The board shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this Code section specifically including but not limited to the disciplining of a cosmetic laser practitioner who fails to comply with this Code section. (e) Nothing in this Code section shall prohibit the information provided for in this Code section from being disclosed through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with the cosmetic laser practitioner; provided, however, that such information is also provided in writing and attached to the consent form which the consumer signs.
43-34-250. The board shall appoint an advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds, to the extent practical, of the include licensed cosmetic laser practitioners licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine, including but not limited to consulting with the board on the issuance, denial, suspension, and revocation of licenses and the promulgation of rules and regulations under this article. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory committee members must be licensed pursuant to this article.
43-34-251. (a) It shall be unlawful for any person licensed as a cosmetic laser practitioner to perform cosmetic laser services within any area within one inch of the nearest part of the eye socket of any consumer. (b) It shall be unlawful for any person licensed as a cosmetic laser practitioner to administer any pharmaceutical agent or other substance by injection.

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43-34-252. Any person who owns a facility in which cosmetic laser services are offered or performed in noncompliance with the requirements of this article shall be guilty of a misdemeanor.
43-34-253. Any person convicted of violating any provision of this article shall be guilty of a misdemeanor."
SECTION 2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Composite State Board of Medical Examiners" or "Composite State Board of Medical Examiners of Georgia" wherever either occurs with "Georgia Composite Medical Board":
(1) Code Section 20-3-476, relating to the authorization and administration of loan programs for attendance at the college of osteopathic medicine; (2) Code Section 20-3-512, relating to medical student loans and scholarships; (3) Code Section 20-3-513, relating to the State Medical Education Board and 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 31-9A-6.1, relating to civil and professional penalties for violation of the Woman's Right to Know Act; (6) Code Section 31-11-81, relating to definitions regarding emergency services; (7) Code Section 31-34-4, relating to loan applicant qualifications; (8) Code Section 31-38-2, relating to certain exemptions to Chapter 38 of Title 31; (9) Code Section 33-3-27, relating to the reports of awards under medical malpractice insurance policies; (10) Code Section 33-20B-2, relating to definitions regarding rural health care access; (11) Code Section 34-9-1, relating to definitions regarding workers' compensation; (12) Code Section 43-5-13, relating to certain exemptions to the operation of Chapter 5 of Title 43; (13) Code Section 43-34A-2, relating to definitions regarding a patient's rights; (14) Code Section 43-34A-3, relating to physician profiles and the dissemination of such profiles to the public; (15) Code Section 43-34A-6, relating to a patient's right to file a grievance with the state board; and (16) Code Section 43-35-3, relating to definitions regarding the practice of podiatry.

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SECTION 3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "physician's assistant" and "physician's assistants" wherever either occurs with "physician assistant" and "physician assistants", respectively:
(1) Code Section 20-2-774, relating to self-administration of asthma medication by a public school student; (2) Code Section 24-9-67.1, relating to expert opinion testimony in civil actions; (3) Code Section 26-4-80, relating to dispensing prescription drugs; (4) Code Section 31-7-16, relating to determination or pronouncement of death of patient in a nursing home; (5) Code Section 31-9-6.1, relating to disclosure of certain information to persons undergoing certain surgical or diagnostic procedures; (6) Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act"; (7) Code Section 31-11-60.1, relating to a program for physician control over emergency medical services to nonhospital patients; (8) Code Section 31-22-9.1, relating to who may perform HIV tests; (9) Code Section 33-20A-3, relating to definitions relative to the "Patient Protection Act of 1996"; (10) Code Section 33-24-58.2, relating to minimum health benefit policy coverage for newborn babies and their mothers; (11) Code Section 33-24-72, relating to health benefit policy requirements under the "Breast Cancer Patient Care Act"; (12) Code Section 34-9-415, relating to testing in drug-free workplace programs; (13) Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood for driving under the influence of alcohol, drugs, or other intoxicating substances; (14) Code Section 42-4-70, relating to definitions relative to deductions from inmate accounts for expenses; (15) Code Section 42-5-55, relating to deductions from inmate accounts for payment of certain damages and medical costs; (16) Code Section 43-1-28, relating to the "Georgia Volunteers in Health Care Specialties Act"; and (17) Code Section 51-2-5.1, relating to relationship between hospital and health care provider prerequisite to liability.
SECTION 4. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, is amended by revising paragraph (23) of Code Section 16-13-21, relating to definitions regarding the regulation of controlled substances, as follows:
"(23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this

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state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-26.3 43-34-26. For purposes of this chapter and Code Section 43-3426.3 43-34-26, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or (D) A physician's physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code Section 43-34-103, a physician's physician assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities."
SECTION 5. Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, is amended by revising paragraph (4.1) of Code Section 16-13-72, relating to the sale, distribution, or possession of dangerous drugs, as follows:
"(4.1) A physician in conformity with Code Section 43-34-26.1 43-34-24 may delegate to a nurse or a physician's physician assistant the authority to possess vaccines and such other drugs as specified by the physician for adverse reactions to those vaccines, and a nurse or physician's physician assistant may possess such drugs pursuant to that delegation; provided, however, that nothing in this paragraph shall be construed to restrict any authority of nurses or physician's physician assistants existing under other provisions of law;"
SECTION 6. Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the practice of pharmacy, is amended by revising Code Section 26-4-50, relating to certification for drug therapy modification, as follows:
"26-4-50. (a) No pharmacist shall be authorized to modify drug therapy pursuant to Code Section 43-34-26.2 43-34-25 unless that pharmacist:
(1) Is licensed to practice as a pharmacist in this state; (2) Has successfully completed a course of study regarding modification of drug therapy and approved by the board; (3) Annually successfully completes a continuing education program regarding modification of drug therapy and approved by the board; and (4) Is certified by the board as meeting the requirements of paragraphs (1) through (3) of this subsection.

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(b) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs."
SECTION 7. Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, is amended by revising paragraph (3) of subsection (d) of Code Section 26-4-85, relating to patient counseling and optimizing drug therapy, as follows:
"(3) Patients receiving drugs from the Department of Human Resources Division of Public Health; provided, however, that pharmacists who provide drugs to patients in accordance with Code Section 43-34-26.1 43-34-24 shall include in all dispensing procedures a written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section."
SECTION 8. Article 7 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practitioners of the healing arts, is amended by revising subsection (b) of Code Section 26-4-130, relating to the regulation of dispensing drugs, as follows:
"(b) The other provisions of this chapter and Article 3 of Chapter 13 of Title 16 shall not apply to practitioners of the healing arts prescribing or compounding their own prescriptions and dispensing drugs except as provided in this Code section. Nor shall such provisions prohibit the administration of drugs by a practitioner of the healing arts or any person under the supervision of such practitioner or by the direction of such practitioner except as provided in this Code section. Any term used in this subsection and defined in Code Section 43-34-26.1 43-34-24 shall have the meaning provided for such term in Code Section 43-34-26.1 43-34-24. The other provisions of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-26.1 43-34-24 to order, dispense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 4334-26.1 43-34-24. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-26.1 43-34-24, with regard to the drugs so dispensed, that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section."
SECTION 9. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising Code Section 31-10-16, relating to criteria for determining death, as follows:
"31-10-16. (a) A person may be pronounced dead by a qualified physician, or by a registered professional nurse authorized to make a pronouncement of death under Code Section 31-7-176.1, or by a physician assistant authorized to make a pronouncement of death under subsection (j) of Code Section 43-34-103, if it is determined that the individual

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has sustained either (1) irreversible cessation of circulatory and respiratory function, or (2) irreversible cessation of all functions of the entire brain, including the brain stem. (b) A person who acts in good faith in accordance with the provisions of subsection (a) of this Code section shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act. (c) The criteria for determining death authorized in subsection (a) of this Code section shall be cumulative to and shall not prohibit the use of other medically recognized criteria for determining death."
SECTION 10. 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."
SECTION 11. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by revising subsections (c) and (d) of Code Section 33-24-56.4, relating to the payment for telemedicine services, as follows:
"(c) It is the intent of the General Assembly to mitigate geographic discrimination in the delivery of health care by recognizing the application of and payment for covered medical care provided by means of telemedicine, provided that such services are provided by a physician or by another health care practitioner or professional acting within the scope of practice of such health care practitioner or professional and in accordance with the provisions of Code Section 43-34-31.1 43-34-32. (d) On and after July 1, 2005, every health benefit policy that is issued, amended, or renewed shall include payment for services that are covered under such health benefit policy and are appropriately provided through telemedicine in accordance with Code Section 43-34-31.1 43-34-32 and generally accepted health care practices and standards prevailing in the applicable professional community at the time the services were provided. The coverage required in this Code section may be subject to all terms and conditions of the applicable health benefit plan."
SECTION 12. Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by revising paragraph (12) of subsection (a) of Code Section 43-26-5,

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relating to the general powers of the Georgia Board of Nursing, as follows: "(12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-3426.1 43-34-24 and enact rules and regulations for advanced practice registered nurses in performing acts as authorized in Code Section 43-34-26.3 43-34-26;"
SECTION 13. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by revising subsection (a) of Code Section 43-30-13, relating to the construction of the chapter, as follows:
"(a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly licensed to practice medicine, nor to prevent persons from selling spectacles or eyeglasses on prescription from any duly qualified optometrist or physician, nor to prevent any person from selling glasses as articles of merchandise or from using test cards in connection with the sale of such glasses at a permanently located place when not trafficking or attempting to traffic upon assumed skill in optometry; nor shall anything in this chapter be construed to authorize any registered optometrist to prescribe or administer drugs except as permitted by law or practice medicine or surgery in any manner as defined by the laws of this state; nor shall this chapter be construed to authorize any such person to use the title of 'M.D.' or any other title mentioned in Code Section 43-34-20 or 43-34-26 43-34-22 or 43-34-23."
SECTION 14. Chapter 34A of Title 43 of the Official Code of Georgia, relating to a patient's right to know, is amended by revising paragraph (3) of Code Section 43-34A-2, relating to definitions regarding a patient's right to know, as follows:
"(3) 'Disciplinary action' means any final hospital disciplinary action or any final disciplinary action taken by the Composite State Board of Medical Examiners Georgia Composite Medical Board under subsection (b) of Code Section 43-34-37 43-34-8 within the immediately preceding ten-year period. No such disciplinary action taken prior to April 11, 2001, shall be included within the definition of this term."
SECTION 15. Article 2 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to the eligibility and qualifications for office, is amended by revising subsection (d) of Code Section 45-2-7, relating to the employment of aliens, as follows:
"(d) The prohibitions of subsection (a) of this Code section shall not apply to the employment of aliens licensed under Code Section 43-34-33 43-34-28, relating to the licensing of aliens to practice medicine or pharmacy."
SECTION 16. Chapter 1 of Title 51 of the Official Code of Georgia, relating to torts, is amended by

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revising paragraph (14) of subsection (a) of Code Section 51-1-29.5, relating to definitions, as follows:
"(14) 'Medical care' means any act defined as the practice of medicine under Code Section 43-34-20 43-34-22."

SECTION 17. Code Sections 43-34-240 through 43-34-253 shall become effective as amended in Section 1 of this Act only if funds are specially appropriated for the purposes of Ga. L. 2007, p. 626 in a General Appropriations Act making specific reference to such Act and shall become effective when funds so appropriated become available for expenditure. All other provisions of this Act shall become effective on July 1, 2009.

SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson
Ashe Y Austin N Baker Y Barnard Y Battles
Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd N Carter, A Y Carter, B N Casas Y Chambers
Channell Y Cheokas

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes N Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey

Y Manning Y Marin Y Martin
Maxwell E May N Mayo N McCall Y McKillip Y Meadows Y Millar N Mills
Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal N Nix Y Oliver Y O'Neal Y Parham
Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston

Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet N Thomas Y Thompson N Walker Y Weldon Y Wilkinson Y Willard

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Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Hatfield Y Heard

Long N Loudermilk Y Lucas N Lunsford N Maddox, B Y Maddox, G Y Mangham

Y Ramsey Y Randall Y Reece E Reese Y Rice N Roberts Y Rogers

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

On the passage of the Bill, by substitute, the ayes were 140, nays 24.

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

Representatives Carter of the 159th, Collins of the 27th, and Everson of the 106th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

Representative Bryant of the 160th stated that 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 222. By Senators Unterman of the 45th, Hill of the 4th, Williams of the 19th, Grant of the 25th and Goggans of the 7th:

A BILL to be entitled an Act to amend various titles of the O.C.G.A. so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to provide for a board for each agency; to reconstitute the Board of Community Health; to abolish the Board of Human Resources; to establish the position of State Health Officer; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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SB 250. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to prohibited acts relating to public schools, so as to revise provisions relating to unlawful disruption of or interference with the operation of public schools or public school buses; to provide that a mental state of knowledge, intention, or recklessness shall be an element of such offense; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
SB 252. By Senators Thomas of the 54th, Goggans of the 7th, Mullis of the 53rd, Unterman of the 45th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and others, so as to provide for the certification of polysomnographic technologists; to provide a short title; to provide legislative findings; to provide for definitions; to provide for applications to be made to the Composite State Board of Medical Examiners to obtain certification to practice polysomnography; to provide for powers and duties of the board; to provide for certification standards and requirements; to provide for the issuance and renewal of certification; to provide for permitted and prohibited activities; 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 House were taken up for consideration and read the third time:
HB 158. By Representatives Manning of the 32nd and Meadows of the 5th:
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.
The following Committee substitute was read and adopted:
A BILL
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

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allocating water and waste-water 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, is amended by revising Code Section 12-5-180.1, relating to allocating water and waste-water usage among tenants and charging tenants for usage, to read as follows:
"12-5-180.1. (a) The Except as otherwise provided in subsection (c) of this Code section, the owner or operator of a building containing residential units may install equipment or use an economic allocation methodology to determine the quantity of water that is provided to the tenants and used in the common areas of such a building; and the owner of such a building may charge tenants separately for water and waste-water service based on usage as determined through the use of such equipment or allocation methodology. (b) The owner or operator of a building containing residential units may charge tenants separately for water and waste-water service, provided that the total amount of the charges to the tenants of such a building shall not exceed the total charges paid by the owner or operator for water and waste-water service for such building plus a reasonable fee for establishing, servicing, and billing for water and waste-water service and provided, further, that the terms of the charges are disclosed to the tenants prior to any contractual agreement. (c) The owner or operator of a newly constructed building or structure, not including a renovated building, permitted after January 1, 2010, containing residential units shall install equipment to measure the quantity of water that is provided to each tenant; and the owner or operator of such a building shall charge tenants separately for water service based on actual use per unit, prorated for common use areas, provided that the total amount of charges to the tenants of such a building shall not exceed the total charges paid by the owner or operator for water service for such a building plus a reasonable fee for establishing, servicing, and billing for water service and provided, further, that the terms of the charges are disclosed to the tenants prior to any contractual agreement. (d) Subsection (c) of this Code section shall not apply to any construction of a building containing residential units the contract for which was entered into prior to January 1, 2010."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J
Everson N Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene N Hamilton N Hanner Y Harbin Y Harden, B N Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C N Hill, C.A N Holt N Horne N Houston N Howard Y Hudson Y Hugley N Jackson Y Jacobs Y James N Jerguson N Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser
Keen Y Keown N Knight N Knox Y Lane, B Y Lane, R N Levitas Y Lindsey Y Long
Loudermilk N Lucas
Lunsford N Maddox, B Y Maddox, G N Mangham

Y Manning Y Marin N Martin N Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows N Millar N Mills
Mitchell Y Morgan Y Morris Y Mosby Y Murphy N Neal Y Nix Y Oliver Y O'Neal N Parham
Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett N Ralston N Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A N Scott, M Y Sellier
Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker Y Weldon Y Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix N Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 109, nays 53.

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.

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HB 568. By Representative Parsons of the 42nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to provide that members of the Public Service Commission shall represent the entire state and be elected state wide; to change the term and manner of the election of the chairperson of the commission; to provide for the election of other officers; to provide for the establishment of rules by the commission as to quorum, attendance, and other matters; 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 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the term and manner of the election of the chairperson of the Public Service Commission; to provide for the election of other officers; to provide for the establishment of rules by the commission as to quorum, attendance, and other matters; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, is amended by revising Code Section 46-2-5, relating to chairman of the commission and selection, as follows:
"46-2-5. (a) There shall be a chairman chairperson of the commission. The chairperson shall be selected by a simple majority of the members of the commission. The initial chairperson selected under this Code section shall take office within 15 days after January 1, 2010, and shall serve for a term of office as chairperson until January 1, 2013, or until his or her term as a member of the commission shall expire, whichever is shorter. Each subsequent chairperson shall serve for a three-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. Any two members of the commission may call for an election of a chairperson at any time prior to the end of the three-year term of a chairperson; provided, however, such elections shall not be held more than once per calendar year, except in the case of a vacancy by the chairperson; and provided, further, any chairperson so elected shall serve for a three-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. The

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chairman shall be selected on an annual basis. The initial chairman selected under this Code section shall take office within 15 days after April 20, 1992, and shall serve for a term of office as chairman expiring January 1, 1993. Thereafter a new chairman shall take office within 15 days after the first day of January in 1993 and each subsequent year; and each such chairman shall serve for a one-year term of office as chairman. (b) The chairman shall be selected by the members of the commission according to the following rules; and for purposes of these rules, seniority on the commission shall be determined according to the longest period of continuous unbroken service:
(1) A member of the commission with less than one year of continuous unbroken service on the commission shall not be eligible to take office as chairman; (2) A member of the commission who has previously served as chairman shall not be eligible to serve again as chairman until each other eligible member (i.e., each other member with more than one year of continuous service on the commission) has served as chairman or has deferred service as chairman; (3) Subject to paragraphs (1) and (2) of this subsection, the most senior member of the commission who is eligible to serve as chairman shall be selected to the office of chairman; provided, however, that such member may elect to defer service as chairman for a period of one year, at the conclusion of which year such member shall resume his place at the head of the order of rotation for the chairmanship; and (4) If in any year the foregoing rules fail to provide for a chairman because two or more members have equal seniority, then the member to serve as chairman shall be selected by lot. (c) Anything in subsection (b) of this Code section to the contrary notwithstanding, the members of the commission may by unanimous vote of the members select any member as chairman for any given year for a term of office as chairman as specified in subsection (a) of this Code section. (d)(b) The chairman chairperson shall give his or her entire time to the duties of his the office. (c) The members of the commission may elect such other officers as they deem advisable and shall establish such quorum, attendance, and other rules as they deem necessary for the most efficient operation of the commission. The commission may meet at such times and places within this state as the commission deems necessary."
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 report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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

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

Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson Y Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton N Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield N Heard

N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A N Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James N Jerguson N Johnson, C 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 N Levitas Y Lindsey N Long N Loudermilk N Lucas
Lunsford N Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo N McCall N McKillip Y Meadows Y Millar Y Mills
Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal N Nix N Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M N Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B
Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker N Weldon Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 84, nays 88.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Parsons of the 42nd moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 568.

On the motion, the roll call was ordered and the vote was as follows:

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2773

N Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker N Barnard
Battles Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Brooks N Bruce N Bryant N Buckner Y 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, D N Collins, T Cooper Y Cox

Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C Y Epps, J Y Everson
Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin
Harden, B N Harden, M N Hatfield N Heard

N Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A N Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James Y Jerguson
Johnson, C 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 Lindsey N Long N Loudermilk N Lucas Y Lunsford N Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 95, nays 72.

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo N McCall N McKillip Y Meadows Y Millar Y Mills
Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B N Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T
Smith, V Y Smyre N Stephens, M Y Stephens, R
Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker N Weldon Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

The motion prevailed.

The following Bill of the House, having previously been read, was again taken up for consideration:

HB 568. By Representative Parsons of the 42nd:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to provide that members of the Public Service Commission shall represent the entire state and be elected state wide; to change the term and manner of the election of the

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chairperson of the commission; to provide for the election of other officers; to provide for the establishment of rules by the commission as to quorum, attendance, and other matters; to provide for an effective date; 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 N Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker N Barnard Y Battles N Bearden N Beasley-Teague N Benfield N Benton Y Black Y Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas N Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J N Everson Y Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton N Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James Y Jerguson N Johnson, C 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 N Levitas Y Lindsey N Long N Loudermilk N Lucas
Lunsford N Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo N McCall N McKillip Y Meadows Y Millar Y Mills
Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M N Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T
Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker N Weldon Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 90, nays 85.

THURSDAY, MARCH 12, 2009

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The chair voted "aye."
On the passage of the Bill, by substitute, the ayes were 91, nays 85.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
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.
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 27. By Senators Bulloch of the 11th, Heath of the 31st, Hill of the 4th, Pearson of the 51st, Powell of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create Confederate Heritage and History Month; to provide for legislative findings; to encourage observances and celebrations of Confederate Heritage and History Month; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 36. By Senators Buckner of the 44th, Seay of the 34th, Jones of the 10th, Tate of the 38th, Sims of the 12th 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 provide for the adoption of codes of ethics to govern members of local boards of education; to provide for annual review of such codes of ethics; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 56. By Senators Butler of the 55th, Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Reed of the 35th and others:
A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the

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production of methamphetamine, including pseudoephedrine; to provide a statement of purpose; to provide for definitions; to provide for a misdemeanor penalty for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 240. By Senators Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Staton of the 18th and Johnson of the 1st:
A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for the comprehensive revision of the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; 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 466. By Senator Weber of the 40th:
A RESOLUTION establishing the Performance Based Principal Certificate Renewal Design Team; 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 575. By Representatives Golick of the 34th, Ramsey of the 72nd, Levitas of the 82nd, Bearden of the 68th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; 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 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain

THURSDAY, MARCH 12, 2009

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provisions relating to kidnapping; 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 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, is amended by revising Code Section 16-5-40, relating to kidnapping, as follows:
"16-5-40. (a) A person commits the offense of kidnapping when he such person abducts or steals away any another person without lawful authority or warrant and holds such other person against his or her will.
(b)(1) For the offense of kidnapping to occur, slight movement shall be sufficient; provided, however, that any such slight movement of another person which occurs while in the commission of any other offense shall not constitute the offense of kidnapping if such movement is merely incidental to such other offense. (2) Movement shall not be considered merely incidental to another offense if it:
(A) Conceals or isolates the victim; (B) Makes the commission of the other offense substantially easier; (C) Lessens the risk of detection; or (D) Is for the purpose of avoiding apprehension. (c) The offense of kidnapping shall be considered a separate offense and shall not merge with any other offense. (b)(d) A person convicted of the offense of kidnapping shall be punished by: (1) Imprisonment for not less than ten nor more than 20 years if the kidnapping involved a victim who was 14 years of age or older; (2) Imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, if the kidnapping involved a victim who is less than 14 years of age; (3) Life imprisonment or death if the kidnapping was for ransom; or (4) Life imprisonment or death if the person kidnapped received bodily injury. (c)(e) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (f) Venue for the offense of kidnapping shall be in any county where the accused exercises dominion or control over the person of another."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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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 Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard N Battles Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler
Byrd N Carter, A Y Carter, B N Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper N Cox

Y Crawford Y Davis, H N Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley Y Drenner N Dukes N Ehrhart Y England N Epps, C N Epps, J N Everson N Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon N Graves Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holt N Horne N Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson
Johnson, C N Johnson, T
Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight N Knox N Lane, B N Lane, R Y Levitas Y Lindsey N Long 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 Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills
Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham
Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

N Rynders Y Scott, A N Scott, M N Sellier Y Setzler N Shaw N Sheldon
Shipp Y Sims, B Y Sims, C N Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V N Smyre N Stephens, M
Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas Y Thompson Y Walker Y Weldon Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 86, nays 82.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Golick of the 34th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 575.

On the motion, the roll call was ordered and the vote was as follows:

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

Y Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley
Drenner N Dukes N Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd N Fludd N Franklin
Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall Hembree
N Henson Y Hill, C Y Hill, C.A N Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson
Johnson, C N Johnson, T
Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight N Knox N Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk
Lucas N Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 97, nays 66.

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills
Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix N Oliver
O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

N Rynders Y Scott, A N Scott, M
Sellier Y Setzler Y Shaw Y Sheldon N Shipp
Sims, B Y Sims, C N Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V N Smyre
Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson N Willard N Williams, A
Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

The motion prevailed.

The following Bill of the House, having previously been read, was again taken up for consideration:

HB 575. By Representatives Golick of the 34th, Ramsey of the 72nd, Levitas of the 82nd, Bearden of the 68th, Cooper of the 41st and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions

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relating to kidnapping; 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 N Allison Y Amerson Y Anderson N Ashe Y Austin N Baker N Barnard N Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black 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
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T
Cooper Y Cox

Y Crawford Y Davis, H N Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley
Drenner N Dukes N Ehrhart Y England N Epps, C Y Epps, J Y Everson N Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall Hembree
N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight N Knox N Lane, B N Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas N Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

N Rynders Y Scott, A Y Scott, M N Sellier Y Setzler N Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas Y Thompson Y Walker N Weldon Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 99, nays 72.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representatives Hembree of the 67th and Smith of the 129th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 397. By Representatives Burns of the 157th, Roberts of the 154th, McCall of the 30th, Lane of the 158th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to brakes, so as to update certain provisions relating to surge brakes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to brakes, so as to update certain provisions relating to surge brakes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to brakes, is amended by revising Code Section 40-8-50, relating to brakes required on motor vehicles, as follows:
"40-8-50. (a) As used in this Code section, the term:
(1) 'Gross combination weight rating (GCWR)' means the combined gross vehicle weight ratings of all vehicles in a combination of vehicles. (2) 'Gross vehicle weight rating (GVWR)' means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, the actual gross weight, or registered gross weight, whichever is greater. (3) 'Hazardous material' has the meaning provided by Chapter 51 of Title 49 of the United States Code Annotated. (4) 'Surge brakes' means a system of brakes on a trailer or semitrailer in which the trailer service brakes are activated as a result of the forward pressure of the trailer

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against the towing vehicle during deceleration self-contained, permanently closed hydraulic brake system for trailers that relies on inertial forces, developed in response to the braking action of the towing vehicle, applied to a hydraulic device mounted on or connected to the tongue of the trailer to slow down or stop the towed vehicle. (b) Every motor vehicle, other than a motorcycle or motor driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. (c) Every motorcycle and motor driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot. (d) Except as otherwise provided in subsection (e) of this Code section, every trailer or semitrailer of 3,000 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty. (e) Any trailer or semitrailer may utilize surge brakes, subject to the following conditions and limitations: (1) The gross vehicle weight rating or the actual gross weight of any surge brake equipped trailer or semitrailer does not exceed 20,000 pounds The vehicle or combination of vehicles does not include a vehicle designed or used to transport 16 or more passengers, including the driver; (2) For trailers and semitrailers with a gross vehicle weight rating of 12,000 pounds or less, the gross vehicle weight rating of any such trailer shall not exceed 1.75 times the gross vehicle weight rating of the towing vehicle The trailer or semitrailer has a gross vehicle weight rating which does not exceed 12,000 pounds; (3) For trailers and semitrailers with a gross vehicle weight rating greater than 12,000 pounds, but less than 20,001 pounds, the gross vehicle weight rating of any such trailer shall not exceed 1.25 times the gross vehicle weight rating of the towing vehicle The combination of vehicles does not exceed a gross combination weight rating of 26,000 pounds; (4) The actual gross weight of the trailer or semitrailer and load does not exceed the manufacturer's gross vehicle weight rating; (5) The trailer or semitrailer brakes must be designed and connected in such a manner that in case of accidental breakaway of the towed vehicle the brakes shall apply automatically; and (6) The trailer or semitrailer is not used to transport hazardous materials in a type and quantity which requires placarding;

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(7) The trailer or semitrailer is not used to transport liquids or gases contained in packaging which exceeds 119 gallons capacity; and (8)(6) For vehicles used for commercial purposes, the vehicle or combination of vehicles is used only in intrastate commerce and complies in all other respects with licensing, insurance, registration, identification, driver and vehicle safety, and hazardous materials regulations of the Department of Public Safety and United States Department of Transportation applicable to such vehicles or combination of vehicles. (f) Where there is no manufacturer's gross vehicle weight rating or the manufacturer's gross vehicle weight rating is exceeded in violation of paragraph (4) of subsection (e) of this Code section, then the actual gross weight of the trailer or semitrailer shall be used to determine compliance with paragraphs (2) and (3) of subsection (e) of this Code section."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns Y Butler

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley
Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor

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Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 0.

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

HB 607. By Representatives Talton of the 145th, O`Neal of the 146th, Manning of the 32nd, Mills of the 25th, Maxwell of the 17th and others:

A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Public Safety, so as to change certain provisions relating to the Board of Public Safety; to provide for a member of the Georgia Association of Fire Chiefs to serve as a member of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe E Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey
Dickson Y Dobbs Y Dollar Y Dooley
Drenner Y Dukes Y Ehrhart

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield
Smith, B Y Smith, L

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Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

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

Y Smith, R Smith, T
Y Smith, V Y Smyre
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

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

HB 614. By Representatives Cooper of the 41st and 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, IV, or V 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 authorize the contracting of services relating to the program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

To amend Chapter 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";

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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, IV, or V controlled substances and of selling over-the-counter Schedule V controlled substances by the Georgia Drugs and Narcotics Agency; to require dispensers to submit certain information regarding the dispensing and sale of such controlled substances; to provide for the confidentiality of submitted information except under certain circumstances; to authorize the contracting of services relating to the program; to provide for notice and information to prescribers and dispensers; 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 include pseudoephedrine as a Schedule V controlled substance; to remove pseudoephedrine from the definition of "dangerous drug"; 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.'
16-13-121. This article is intended to improve health care quality and effectiveness by reducing abuse of controlled substances, reducing duplicative prescribing and overprescribing of controlled substances, and improving controlled substance prescribing practices with the intent of establishing an electronic data base available to dispensers and prescribers of controlled substances.
16-13-122. As used in this article, the term:
(1) 'Agency' means the Georgia Drugs and Narcotics Agency. (2) 'Controlled substance' has the same meaning given such term in paragraph (4) of Code Section 16-13-21. (3) 'Dispenser' means a person that delivers a Schedule II, III, IV, or V controlled substance or an OTC Schedule V controlled substance to the ultimate user but shall not include:

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(A) A licensed pharmacy of a hospital that dispenses or sells such substances for the purpose of inpatient or outpatient hospital care, a licensed pharmacy of a hospital or retail pharmacy of a hospital that dispenses prescriptions for controlled substances or sells OTC Schedule V 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 that dispenses, sells, or administers 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 or sells 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; (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; or (E) A licensed veterinarian. A clinic or other health care facility may apply to the agency 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 agency, in consultation with the Composite State Board of Medical Examiners and the Georgia State Board of Pharmacy, 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. (4) 'OTC Schedule V controlled substance' means any drug that is classified as a Schedule V controlled substance but that can be sold without a prescription in accordance with state and federal laws and regulations. (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, optometrist, podiatrist, or other person licensed, registered, or otherwise authorized under the laws of this state to prescribe, distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state. This term shall not include a licensed veterinarian. (7) 'Purchaser' means a person who purchases an OTC Schedule V controlled substance as authorized by law. (8) 'Schedule II, III, IV, or V controlled substance' means a controlled substance that is classified as a Schedule II, III, IV, or V controlled substance under Code Section 16-13-26, 16-13-27, 16-13-28, or 16-13-29, respectively, or under the Federal Controlled Substances Act, 21 U.S.C. Section 812.

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16-13-123. (a) The 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 agency 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 established under the provisions of Code Section 16-13-124. The agency 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 or prescriber to incur costs to purchase equipment and software to comply with this article or to incur ongoing expenses in complying with this article.
16-13-124. (a) The agency, in consultation with the Composite State Board of Medical Examiners and the Georgia State Board of Pharmacy, shall establish and maintain a program for the monitoring of prescribing and dispensing of all Schedule II, III, IV, or V controlled substances and the selling of all OTC Schedule V controlled substances.
(b)(1) Except as otherwise provided for in this Code section, beginning January 1, 2011, each dispenser shall submit to the agency by electronic means information regarding each prescription dispensed for a Schedule II, III, IV, or V controlled substance in accordance with this subsection. (2) The information submitted for each prescription dispensed for a Schedule II, III, IV, or V controlled substance shall include, but not be limited to:
(A) United States Drug Enforcement Administration (DEA) permit number or approved dispenser facility identification number; (B) Date prescription filled; (C) Prescription number; (D) Whether prescription is new or a refill; (E) National Drug Code (NDC) for drug dispensed; (F) Quantity and strength dispensed; (G) Number of days' supply of the drug; (H) Patient's name; (I) Patient's address; (J) Patient's date of birth; (K) Approved prescriber identification number; (L) Date prescription issued by prescriber; and (M) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the agency. (3) The information submitted for each OTC Schedule V controlled substance sold shall include, but not be limited to:

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(A) United States Drug Enforcement Administration (DEA) permit number or approved dispenser facility identification number; (B) Date of sale; (C) Name and strength of the OTC Schedule V controlled substance; (D) Quantity purchased or attempted to be purchased; (E) Purchaser's name; (F) Purchaser's address; (G) Purchaser's date of birth; and (H) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the agency. (4) The agency shall not revise the information required to be submitted by dispensers pursuant to paragraph (2) or (3) of this subsection more frequently than annually. Any such change to the required information shall neither be effective nor be applicable to dispensers until six months after the adoption of such changes. (c) Each dispenser shall weekly submit the information required in subsection (b) of this Code section in accordance with transmission methods and requirements established by the agency and shall report, at a minimum, prescriptions dispensed and OTC Schedule V controlled substances sold up to the day prior to data submission. (d) Dispensers who do not have the technical capabilities to comply with this article shall not be required to submit prescription information prior to July 1, 2011. (e) Beginning July 1, 2011, the agency may issue a waiver to a dispenser that is unable to submit required prescription and sale information by electronic means acceptable to the agency. Such waiver may permit the dispenser to submit required prescription and sale information by paper form or other means, provided that 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) Required prescription and sale information submitted to the agency 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 agency shall establish and maintain strict procedures to ensure that the privacy and confidentiality of patients, prescribers, and purchasers and patient, prescriber, and purchaser information collected, recorded, transmitted, and maintained pursuant to this article are protected, including verification of the identity of a recipient of information pursuant to this Code section. Such information shall not be disclosed to persons except as otherwise provided in this article 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.

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(c) The agency shall review the required prescription and sale information and if there is reasonable cause to believe a violation of law or breach of professional standards may have occurred, the agency shall notify the appropriate law enforcement or professional licensing, certification, or regulatory board or entity and shall provide prescription and sale information to such board or entity which may be necessary for an investigation. (d) The agency 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, Georgia State Board of Pharmacy, or any licensing board whose practitioners have the authority to prescribe or dispense controlled substances but only as to the practitioners of such board; (4) Local, state, and federal law enforcement, regulatory, or prosecutorial officials engaged in the administration, investigation, or enforcement of the laws governing licit drugs and who are involved in a bona fide, specific drug related investigation involving a designated case; (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. (e) The agency may provide data to public or private entities for statistical, research, or educational purposes after removing information that could be used to identify prescribers, individual patients or persons who received prescriptions from dispensers, or purchasers. (f) The agency may provide data to a prescription monitoring program of another state if the confidentiality, security, and privacy standards of the requesting state are determined by the agency to be equivalent to those of the agency. (g) Any person who receives data or reports relating to this article from the agency shall not provide such data or reports to any other person except by order of a court of competent jurisdiction or as otherwise permitted pursuant to this article. (h) Prescription information submitted pursuant to this article shall be purged from the data base five years after the prescription was dispensed. (i) Any permissible user identified in this article who directly accesses data electronically shall implement and maintain a comprehensive information security program that contains administrative, technical, and physical safeguards that are appropriate to the user's size and complexity and to the sensitivity of the personal information obtained. The permissible user shall identify reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of personal information that could result in the unauthorized disclosure, misuse, or other

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compromise of the information and shall assess the sufficiency of any safeguards in place to control the risks.
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 16-13130 for unlawful acts.
16-13-127. The agency shall provide notice and information to all prescribers and dispensers in this state as to the intent of this article, the program established pursuant to this article, and instructions on how to submit prescription information to the agency via electronic means.
16-13-128. (a) There is established a Prescription Monitoring Program Advisory Committee for the purposes of consulting with and advising 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, evaluation of data to identify benefits and outcomes of the program, communication to prescribers and dispensers as to the intent of the program and how to use the data base, and security of data collected. (b) The advisory committee shall consist of:
(1) A representative from the Composite State Board of Medical Examiners; (2) A representative from the Georgia State Board of Pharmacy; (3) A representative from the Georgia Board of Dentistry; (4) A board certified oncologist appointed by the agency; (5) A pain management specialist appointed by the agency; (6) A representative from a licensed hospice appointed by the agency; (7) An addictive disorders specialist appointed by the agency; (8) A representative from the Division of Public Health of the Department of Human Resources; (9) A consumer member; and (10) A representative from the State Board of Optometry. 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.

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(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. A majority 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.
16-13-129. The agency shall promulgate rules and regulations setting forth the procedures and methods for implementing this article. Nothing in this article shall be construed to authorize the agency to establish rules or regulations which limit, revise, or expand or purport to limit, revise, or expand any prescription or dispensing authority of any prescriber or dispenser subject to this article.
16-13-130. (a) A dispenser who willfully and intentionally fails to submit prescription monitoring information to the agency 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) An individual 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) An individual 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.
16-13-131. Nothing in this article shall require a dispenser or prescriber to obtain information about a patient or purchaser 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."

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SECTION 2. Said chapter is further amended by revising Code Section 16-13-29, relating to Schedule V controlled substances, as follows:
"16-13-29. The controlled substances listed in this Code section are included in Schedule V:
(1) Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or salts thereof, which also contains one or more nonnarcotic, active, medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(A) Not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams; (B) Not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams; (C) Not more than 100 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or per 100 grams; (D) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (E) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; (2) Reserved; (3)(2) Pregabalin; or (3) Pseudoephedrine; or (4) Pyrovalerone."
SECTION 3. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by revising paragraph (806) of subsection (b) as follows:
"(806) Pseudoephedrine -- See exceptions Reserved;"
SECTION 4. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by revising paragraph (23) of subsection (c) as follows:
"(23) Pseudoephedrine -- when a single dosage unit is 60 mg. or less or when manufactured in an extended release form with a dosage unit of 240 mg. or less Reserved;"
SECTION 5. This Act shall become effective on July 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:

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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, IV, or V controlled substances by the Georgia Drugs and Narcotics Agency; to require dispensers to submit certain information regarding the dispensing of such controlled substances; to provide for the confidentiality of submitted information except under certain circumstances; to authorize the contracting of services relating to the program; to provide for notice and information to prescribers and dispensers; 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.'
16-13-121. This article is intended to improve health care quality and effectiveness by reducing abuse of controlled substances, reducing duplicative prescribing and overprescribing of controlled substances, and improving controlled substance prescribing practices with the intent of establishing an electronic data base available to dispensers and prescribers of controlled substances.
16-13-122. As used in this article, the term:
(1) 'Agency' means the Georgia Drugs and Narcotics Agency. (2) 'Controlled substance' has the same meaning given such term in paragraph (4) of Code Section 16-13-21. (3) 'Dispenser' means a person that delivers a Schedule II, III, IV, or V controlled substance to the ultimate user but shall not include:

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(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 that 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 that dispenses or administers such substances for long-term 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; (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; or (E) A licensed veterinarian. A clinic or other health care facility may apply to the agency 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 agency, in consultation with the Composite State Board of Medical Examiners and the Georgia State Board of Pharmacy, 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. (4) '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. (5) 'Prescriber' means a physician, dentist, optometrist, podiatrist, or other person licensed, registered, or otherwise authorized under the laws of this state to prescribe, distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state. This term shall not include a licensed veterinarian. (6) 'Schedule II, III, IV, or V controlled substance' means a controlled substance that is classified as a Schedule II, III, IV, or V controlled substance under Code Section 16-13-26, 16-13-27, 16-13-28, or 16-13-29, respectively, or under the Federal Controlled Substances Act, 21 U.S.C. Section 812.
16-13-123. (a) The 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.

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(b) The agency 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 established under the provisions of Code Section 16-13-124. The agency 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 or prescriber to incur costs to purchase equipment and software to comply with this article or to incur ongoing expenses in complying with this article.
16-13-124. (a) The agency, in consultation with the Composite State Board of Medical Examiners and the Georgia State Board of Pharmacy, shall establish and maintain a program for the monitoring of prescribing and dispensing of all Schedule II, III, IV, or V controlled substances.
(b)(1) Except as otherwise provided for in this Code section, beginning January 1, 2011, each dispenser shall submit to the agency by electronic means information regarding each prescription dispensed for a Schedule II, III, IV, or V controlled substance in accordance with this subsection. (2) The information submitted for each prescription dispensed for a Schedule II, III, IV, or V controlled substance shall include, but not be limited to:
(A) United States Drug Enforcement Administration (DEA) permit number or approved dispenser facility identification number; (B) Date prescription filled; (C) Prescription number; (D) Whether prescription is new or a refill; (E) National Drug Code (NDC) for drug dispensed; (F) Quantity and strength dispensed; (G) Number of days' supply of the drug; (H) Patient's name; (I) Patient's address; (J) Patient's date of birth; (K) Approved prescriber identification number; (L) Date prescription issued by prescriber; and (M) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the agency. (3) The agency shall not revise the information required to be submitted by dispensers pursuant to paragraph (2) of this subsection more frequently than annually. Any such change to the required information shall neither be effective nor be applicable to dispensers until six months after the adoption of such changes. (c) Each dispenser shall weekly submit the information required in subsection (b) of this Code section in accordance with transmission methods and requirements

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established by the agency and shall report, at a minimum, prescriptions dispensed up to the day prior to data submission. (d) Dispensers who do not have the technical capabilities to comply with this article shall not be required to submit prescription information prior to July 1, 2011. (e) Beginning July 1, 2011, the agency may issue a waiver to a dispenser that is unable to submit required prescription information by electronic means acceptable to the agency. Such waiver may permit the dispenser to submit required prescription information by paper form or other means, provided that 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) Required prescription information submitted to the agency 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 agency 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, including verification of the identity of a recipient of information pursuant to this Code section. Such information shall not be disclosed to persons except as otherwise provided in this article 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 agency shall review the required prescription information and if there is reasonable cause to believe a violation of law or breach of professional standards may have occurred, the agency shall notify the appropriate law enforcement or professional licensing, certification, or regulatory board or entity and shall provide prescription information to such board or entity which may be necessary for an investigation. (d) The agency 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, Georgia State Board of Pharmacy, or any licensing board whose practitioners have the authority to prescribe or dispense controlled substances but only as to the practitioners of such board; (4) Local, state, and federal law enforcement, regulatory, or prosecutorial officials engaged in the administration, investigation, or enforcement of the laws governing

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licit drugs and who are involved in a bona fide, specific drug related investigation involving a designated case; (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. (e) The agency 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) The agency may provide data to a prescription monitoring program of another state if the confidentiality, security, and privacy standards of the requesting state are determined by the agency to be equivalent to those of the agency. (g) Any person who receives data or reports relating to this article from the agency shall not provide such data or reports to any other person except by order of a court of competent jurisdiction or as otherwise permitted pursuant to this article. (h) Prescription information submitted pursuant to this article shall be purged from the data base five years after the prescription was dispensed. (i) Any permissible user identified in this article who directly accesses data electronically shall implement and maintain a comprehensive information security program that contains administrative, technical, and physical safeguards that are appropriate to the user's size and complexity and to the sensitivity of the personal information obtained. The permissible user shall identify reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of personal information that could result in the unauthorized disclosure, misuse, or other compromise of the information and shall assess the sufficiency of any safeguards in place to control the risks.
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 16-13130 for unlawful acts.
16-13-127. The agency shall provide notice and information to all prescribers and dispensers in this state as to the intent of this article, the program established pursuant to this article, and instructions on how to submit prescription information to the agency via electronic means.

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16-13-128. (a) There is established a Prescription Monitoring Program Advisory Committee for the purposes of consulting with and advising 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, evaluation of data to identify benefits and outcomes of the program, communication to prescribers and dispensers as to the intent of the program and how to use the data base, and security of data collected. (b) The advisory committee shall consist of:
(1) A representative from the Composite State Board of Medical Examiners; (2) A representative from the Georgia State Board of Pharmacy; (3) A representative from the Georgia Board of Dentistry; (4) A board certified oncologist appointed by the agency; (5) A pain management specialist appointed by the agency; (6) A representative from a licensed hospice appointed by the agency; (7) An addictive disorders specialist appointed by the agency; (8) A representative from the Division of Public Health of the Department of Human Resources; (9) A consumer member; and (10) A representative from the State Board of Optometry. 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. A majority 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.
16-13-129. The agency shall promulgate rules and regulations setting forth the procedures and methods for implementing this article. Nothing in this article shall be construed to authorize the agency to establish rules or regulations which limit, revise, or expand or purport to limit, revise, or expand any prescription or dispensing authority of any prescriber or dispenser subject to this article.
16-13-130. (a) A dispenser who willfully and intentionally fails to submit prescription monitoring information to the agency 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.

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(b) An individual 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) An individual 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.

16-13-131. 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 become effective on July 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, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo
McCall Y McKillip Y Meadows Y Millar

Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C

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N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
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, D N Collins, T Y Cooper N Cox

Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hugley Y Jackson Y Jacobs Y James Y Jerguson
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 Lindsey Y Long Y Loudermilk Y Lucas N Lunsford Y Maddox, B Y Maddox, G Y Mangham

Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Sinkfield Smith, B
Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 9.

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

HR 338. By Representatives Smith of the 70th, Parsons of the 42nd, May of the 111th, Anderson of the 117th, Drenner of the 86th and others:

A RESOLUTION expressing the support of the General Assembly for development of Georgia's energy resources, both on land and offshore, in a balanced manner which promotes this state's economy and energy independence while respecting the natural environment and protecting it for future generations; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

Expressing the support of the General Assembly for development of Georgia's energy resources, both on land and offshore, in a balanced manner which promotes this state's

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economy and energy independence while respecting the natural environment and protecting it for future generations; and for other purposes.
WHEREAS, Georgia is one of the fastest growing states in the United States, having grown by nearly 1.5 million people, or 18 percent, between 2000 and 2008; and
WHEREAS, despite an unemployment rate of 8.1 percent in December, 2008, Georgia's highest unemployment rate in 25 years, this state's population is still expected to continue growing; and
WHEREAS, Georgia's gross state product ranked tenth nationally in 2007, according to the Georgia Chamber of Commerce; and
WHEREAS, even with energy conservation efforts, Georgia's growing population requires increased production of energy; and
WHEREAS, although the United States has the largest share of the world's coal reserves, the State of Georgia unfortunately is not blessed with abundant supplies of that resource, nor have the lands in this state been endowed with ample supplies of the other traditional conventional energy resources of oil or natural gas; and
WHEREAS, despite a traditionally abundant supply of water, droughts within Georgia in recent years have strained water supplies and limited the ability of hydroelectric power to help meet this state's growing energy needs; and
WHEREAS, the State of Georgia has been dependent upon other states and nations to meet most of its energy needs; and
WHEREAS, Georgia's abundant supply of wood and biomass and this state's highly regarded colleges and universities provide the infrastructure for the development of alternative, nonconventional energy resources in this state; and
WHEREAS, the State of Georgia has passed legislation over the years supporting the development of alternative energy sources; and
WHEREAS, renewable energy companies have invested $700 million in Georgia over the last three years; and
WHEREAS, the United States has extracted large supplies of oil and natural gas along the Gulf of Mexico for decades, in the vast majority of instances without harm to the environment thanks to advances in technology and more stringent safety requirements; and

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WHEREAS, mineral exploration along Georgia's coast could result in the discovery of oil and natural gas in sufficient supplies to be viably yet safely extracted; and

WHEREAS, the extraction of oil and natural gas from the Georgia coast would help both Georgia and the United States move toward the goal of energy independence; and

WHEREAS, the potential extraction of oil and natural gas along Georgia's coast would boost this state's economy through the sharing of mineral royalties; and

WHEREAS, nuclear energy production is another potential alternative form of energy supply that may benefit this state; and

WHEREAS, there is also potential for developing energy derived from wind and ocean waves and tides.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members thereof express their support for development of Georgia's energy resources, both on land and offshore, in a balanced manner which promotes this state's economy and energy independence while respecting the natural environment and protecting it for future generations.

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 President Barack Obama, the United States Secretary of the Interior, each member of the Georgia congressional delegation, and the Director of the Minerals Management Service of the United States Department of the Interior.

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

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day
Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo
McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan

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 Sinkfield
Smith, B Y Smith, L

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Y Benton Y Black 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, D N Collins, T Y Cooper Y Cox

Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y James 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 Lindsey N Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Morris Mosby
Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet
Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

On the adoption of the Resolution, by substitute, the ayes were 158, nays 9.

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

The Speaker Pro Tem assumed the Chair.

HR 336. By Representatives Everson of the 106th, Cox of the 102nd, Collins of the 95th, Casas of the 103rd and Mitchell of the 88th:

A RESOLUTION honoring the life and sacrifice of Corporal Jonathan Ryan Ayers and dedicating an interchange in his memory; 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, Corporal Jonathan Ryan Ayers of Snellville, Georgia, died serving his country on Sunday, July 13, 2008; and

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WHEREAS, he was a graduate of Shiloh High School where he served with distinction in the ROTC program and won the award for "most impressive commander" in 2002; and
WHEREAS, he joined the Army in April 2006 and went straight from basic and advanced individual training at Fort Benning, Georgia, to the 2nd Battalion, 503d Infantry Regiment (Airborne), 173rd Airborne Brigade Combat Team, based in Vicenza, Italy; and
WHEREAS, Jonathan served in the Army for two years, during which time he deployed to Afghanistan, where he earned the Silver Star, Bronze Star, Purple Heart, and a Good Conduct Medal for his bravery in combat; and
WHEREAS, he died of wounds sustained when his outpost was attacked by small-arms fire and rocket propelled grenades from enemy forces in Wanat, Afghanistan; and
WHEREAS, CPL Ayers and his fellow soldiers were completing work on a new base in a remote, mountainous region bordering Pakistan; and
WHEREAS, he is survived by his loving parents, Bill and Suzanne Ayers, his brother, Joshua, and his grandmother, Pattie Weatherly; and
WHEREAS, it is only proper and fitting to honor this fallen hero who now stands in the unbroken line of patriots who have dared to die that freedom might live and grow and increase in its blessings.
PART II WHEREAS, Dave S. Miller was born in the Whitehouse community in 1874 and spent his entire life there; and
WHEREAS, he first worked as a blacksmith, and his shop still stands on the east side of Highway 155 just north of Miller's store; and
WHEREAS, in 1830 Silas Moseley, the ancestor of the Moseley clan in Henry County, built the first bridge and corn mill on Big Cotton Indian Creek, and after the Civil War the Hinton family bought the mill property from the Moseleys; and
WHEREAS, in 1925, Dave S. Miller bought the mill property and from that time until his death in 1966 he ran a very prosperous business which included the corn mill, a cotton gin, a saw mill, and a planing mill; and
WHEREAS, Dave S. Miller's son, Carlton Miller, ran the mill from 1925 until 1947, and his son, David Miller, ran the gin and country store; and

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WHEREAS, the mill complex was the center of activity for the community and the operation was active until 1960 when Dave S. Miller was too old to work any more; and
WHEREAS, it is only fitting and proper to honor Dave S. Miller for the tremendous impact he and his sons had on their community and Henry County.
PART III WHEREAS, William Raleigh Cook was born in Henry County, Georgia, on July 4, 1888, and passed away on August 30, 1957; and
WHEREAS, Mamie Leona Steele was born in Henry County, Georgia, on October 5, 1893, and passed away on July 19, 1971; and
WHEREAS, they were married in Henry County on December 18, 1912, and set up a homestead at Little Cotton Indian Creek and Decatur Road (now Ga. Hwy 155); and
WHEREAS, they farmed the local area and lived on Little Cotton Indian Creek throughout their lives, and they served as managers of the historic Shingleroof Campground Hotel in the1920's and 1930's; and
WHEREAS, they were lifelong members at nearby Salem Baptist Church and greeted and met travelers along Decatur Road for nearly a century; and
WHEREAS, the ancestors of both William and Mamie Cook were among the earliest white settlers of Henry County, Georgia, including John Cook who settled in Henry County after serving in the War of 1812 and also including veterans of the Civil War and the Spanish American War. These ancestors lived in the area around Little Cotton Indian Creek along Decatur Road; and
WHEREAS, the descendants of William and Mamie Cook include four generations of Henry County residents, many of whom still reside on and near the original homestead. Their number includes decorated veterans of the Second World War, the Korean War, and the Vietnam Conflict. Additionally, many of these descendants have served Henry County as successful businesspersons, academics, horse and cattle ranchers, real estate developers, and professionals in banking, technology, healthcare, and engineering; and
WHEREAS, it is only proper and fitting that a lasting memorial be dedicated to the memory of William and Mamie Cook.
PART IV WHEREAS, Bobby Walden, the "Big Toe from Cairo" was born in Boston, Georgia, on March 9, 1938; and

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WHEREAS, he was an all-state halfback at Cairo and also lettered in basketball and track; and
WHEREAS, he went to the University of Georgia in 1957 and was part of a Bulldog football team that included teammates Fran Tarkenton, Fred Brown, Bill Godfrey, Pat Dye, and Charlie Britt; and
WHEREAS, at the conclusion of his college career, Bobby joined the Edmonton Eskimos, and he led the team in punting, rushing, and receiving in 1961 and 1962; and
WHEREAS, he then joined the Minnesota Vikings of the National Football League and led the NFL in punting in 1965 with an average of 46.4 yards per kick; and
WHEREAS, Bobby was traded to the Pittsburgh Steelers in 1967 and continued as one of the premier punters in the league for the next decade; and
WHEREAS, he was an All-Pro selection in 1974, and he punted for Pittsburgh's Super Bowl championship teams in 1974 and 1975; and
WHEREAS, Bobby has returned to his roots to live in Cairo and Bainbridge since his retirement from professional football in 1977; and
WHEREAS, Bobby has been married for 44 years to the former Scarlett Bates of Bainbridge, and they have one son, Bobby Walden, Jr.; and
WHEREAS, it is only fitting and proper that Bobby Walden be recognized for his outstanding accomplishments on and off the football field.
PART V WHEREAS, the State of Georgia lost one of her great trailblazers and a mighty advocate in George W. Ford, Jr.; and
WHEREAS, Mr. Ford was a native son of Columbus, Georgia, who was among the first 200 African American men to serve in the Marine Corps and who, after his service in World War II, became a highly respected member of the Civil Rights movement; and
WHEREAS, he inspired fellow African Americans by lighting a torch to follow his example in such leadership roles as cofounding the Urban League of Greater Columbus, serving as president of the local National Association for the Advancement of Colored People branch, and acting as a voice of reason and builder of bridges in his community; and

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WHEREAS, Mr. Ford was the founder and president emeritus of Progressive Funeral Home and served with distinction as a member of the board of directors for both Aflac and the Columbus Bank and Trust Company; and
WHEREAS, the work of this mentor, friend, and teacher was honored with the Jim Woodruff, Jr., Memorial Award in 2003; and
WHEREAS, Mr. Ford's actions have paved the way for so many others, and his legacy will live on in future generations of Georgians; and
WHEREAS, it is only proper that George W. Ford, Jr., be honored for his life well lived and that a permanent monument in his memory be established.
PART VI WHEREAS, Edward A. Logan was born in Benton, Louisiana in 1898; and
WHEREAS, he served in the United States Army at the end of World War I and studied engineering by a correspondence course before moving to Hattiesburg, Mississippi, to take a job with the Mississippi Highway Department; and
WHEREAS, several years later he moved to Atlanta and studied until he received his degree in civil engineering and he was then employed by the Georgia Highway Department as a surveyor; and
WHEREAS, in 1924, Mr. Logan was sent to the Florida line to begin surveying and building US 17 and during this time he lived in Woodbine, Brunswick, and Riceboro; and
WHEREAS, he later lived in Savannah, Waycross, and Fitzgerald and then back to Savannah where he worked as the district engineer for all three towns; and
WHEREAS, in 1940, he took leave from the Georgia Highway Department to do defense work with private contractors; and
WHEREAS, in 1951, he moved to St. Simons Island and went back to work for the Georgia Highway Department in 1958 where he was the district engineer for the Jesup division until he retired in 1968 at age 70; and
WHEREAS, Mr. Logan was a lifelong Presbyterian and served as an elder in the St. Simons Presbyterian Church, and he was also a Rotarian, a 33rd Degree Mason, a Shriner, and a member of the American Legion and loved to hunt deer and turkey; and
WHEREAS, he was married to Eula Mae Best from Hazlehurst, Georgia, and they had two children, Edward and Jean; and

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WHEREAS, it is only proper that Edward A. Logan be honored for his life well lived and that a permanent monument in his memory be established.
PART VII WHEREAS, the Honorable Richard S. Gault was a distinguished Georgian and highly respected jurist who will long be remembered as the patriarch of the courts of Forsyth County, as well as a trusted advisor, confidant, and friend to the legal community; and
WHEREAS, Judge Gault died suddenly on July 23, 2003; and
WHEREAS, he graduated from Marietta High School, was a cadet at the United States Air Force Academy, served four years in the Air Force, was honorably discharged with the rank of captain in 1971, and he earned his Juris Doctorate from the Emory University School of Law; and
WHEREAS, he served six years as an Assistant and Special Assistant Attorney General of Georgia, six years as solicitor and four years as judge of the State Court of Cherokee and Forsyth Counties, and 14 years as judge of the Superior Court of the Blue Ridge Circuit; and
WHEREAS, Judge Gault worked tirelessly to ensure that the judicial needs of the citizens of Georgia and fast-growing Forsyth County were met, and his work was vital to the formation of the Bell-Forsyth Judicial Circuit in 1998; and
WHEREAS, his keen intellect, integrity, and skill in communicating the needs of the judicial branch earned him the esteem of his colleagues on the bench and the respect and admiration of members of the executive and legislative branches of state government, as exemplified by his membership on the Chief Justice's Commission on Professionalism from 1997-2002 and on the Supreme Court Blue Ribbon Commission on the Judiciary; and
WHEREAS, Judge Gault was a dedicated leader in his community as a member of First Baptist Church of Cumming and president of his Unity Sunday School Class, and he was a charter member of the Forsyth County Rotary Club, an organizer in the Charter Class of Leadership Forsyth, and served as director of the Cumming-Forsyth Chamber of Commerce; and
WHEREAS, it is only proper and fitting that the memory of Judge Gault be honored by dedicating a lasting memorial to his life of service to his community and to the State of Georgia.

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PART VIII WHEREAS, Doug Ferguson was born on December 28, 1946, to John Lewis Ferguson and Jessie Lorene Ferguson of Emerson, Georgia, and he lived his entire life in Emerson; and
WHEREAS, Doug married Melissa Stokes on March 19, 1969, and they had two sons, Aaron and Alexander, who also reside in Emerson; and
WHEREAS, in 1994, he opened Doug's Place Restaurant in the former Moms Groceries store building, a landmark in Emerson that is over 100 years old; and
WHEREAS, Doug was instrumental in establishing an annual "Emerson Reunion" bringing together former and current Emerson residents for a great time of fellowship and strengthening of the Emerson identity; and
WHEREAS, Doug's Place was recognized by the Georgia House of Representatives in 2001 by means of House Resolution 575 commending Doug's Place Restaurant for being "a fine eating establishment known far and wide as a place for good food, fast service, and ample servings; and the success of this venture no doubt is due to the strong work ethic, fairness, honesty, and talent of the very dedicated Ferguson family"; and
WHEREAS, Doug Ferguson passed away on January 14, 2007, but he shall never be forgotten by the citizens of Emerson; and
WHEREAS, it is only proper that Doug Ferguson be honored for his life well lived and that a permanent monument in his memory be established.
PART IX WHEREAS, David Paul (Bubba) Land was born on February 11, 1971, the fine son of Paul and Linda Land, brother to Shelly, and proud father of Taylor; and
WHEREAS, David realized his dream of being a police officer when, in March of 1990, he became an Atlanta police officer; and
WHEREAS, in 1992, he went to work for the Stone Mountain Police Department where he worked as an officer until being hired by the Forsyth County Sheriff's Office in December of 1997; and
WHEREAS, while working with the Forsyth County Sheriff's Office, David met Paula Shapiro, who was also working as a deputy with the Sheriff's Office, and in July of 2002, David and Paula were married in a storybook wedding at Walt Disney World in Orlando, Florida; and

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WHEREAS, on March 24, 2003, David was promoted to the rank of Sergeant and returned to the uniform patrol; and
WHEREAS, on March 26, 2003, at approximately 1600 hours, Sgt. Land responded to a call for service regarding a fight in progress and as he was traveling west on Highway 20 (Buford Highway) on his motorcycle with lights and siren activated, a motorist turned left into his path and he was thrown from the motorcycle and received fatal injuries; and
WHEREAS, in May of 2004, Sgt. Land was placed on the Police Officer's Memorial Wall in Washington, D.C., by his family, friends, and brothers and sisters of the Forsyth County Sheriff's Office; and
WHEREAS, in December of 2007, David's brothers and sisters of the Fraternal Order of Police Lanier Lodge #82 voted and changed the lodge name to the Sgt. D. P. Land Memorial Lodge #82 in memory of David who served his community and was a friend to all; and
WHEREAS, Sgt. Land paid the ultimate sacrifice by giving his life in the performance of his duties in the career that he loved, and it is only fitting that a lasting memorial to honor his memory be established.
PART X NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the interchange at US 78 and Killian Hill Road, in Gwinnett County, be dedicated as the CPL Jonathan Ryan Ayers Memorial Interchange.
BE IT FURTHER RESOLVED that the new bridge in Henry County over Big Cotton Creek be dedicated as the Dave S. Miller Memorial Bridge.
BE IT FURTHER RESOLVED that the bridge on SR 155 at Little Cotton Indian Creek be dedicated as the William R. and Mamie Steele Cook Memorial Bridge.
BE IT FURTHER RESOLVED that the portion of U.S. Highway 84, in Decatur County, Georgia, from the Grady County line west to the traffic light at Whigham Dairy Road, within the limits of the Wiregrass Georgia Parkway, be dedicated as the Bobby Walden Highway.
BE IT FURTHER RESOLVED that the interchange at Interstate Highway 85 and St. Mary's Road in Muscogee County be dedicated as the George W. Ford, Jr. Interchange.
BE IT FURTHER RESOLVED that the bridge in Glynn County over Fancy Bluff Creek on SR 520/SR 25 at milepost 14.75 be dedicated as the Edward A. Logan Memorial Bridge.

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BE IT FURTHER RESOLVED that the interchange at GA 400 and SR 20 in Forsyth County be dedicated as the Judge Richard S. (Stan) Gault Memorial Interchange.
BE IT FURTHER RESOLVED that the bridge being erected over Hwy 41, in Emerson, Georgia, be dedicated as the Doug Ferguson Memorial Bridge.
BE IT FURTHER RESOLVED that the bridge on SR 20 over Haw Creek in Forsyth County, Georgia, be dedicated as the Sgt. D. P. Land 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 Corporal Jonathan Ryan Ayers, to the family of Dave S. Miller, to the family of William R. and Mamie Steele Cook, to Robert Earl (Bobby) Walden, to the family of George W. Ford, Jr., to the family of Edward A. Logan, to the family of Richard S. (Stan) Gault, to the family of Doug Ferguson, and to the family of Sgt. D. P. Land.
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.
PART I WHEREAS, Corporal Jonathan Ryan Ayers of Snellville, Georgia, died serving his country on Sunday, July 13, 2008; and
WHEREAS, he was a graduate of Shiloh High School where he served with distinction in the ROTC program and won the award for "most impressive commander" in 2002; and
WHEREAS, he joined the Army in April 2006 and went straight from basic and advanced individual training at Fort Benning, Georgia, to the 2nd Battalion, 503d Infantry Regiment (Airborne), 173rd Airborne Brigade Combat Team, based in Vicenza, Italy; and
WHEREAS, Jonathan served in the Army for two years, during which time he deployed to Afghanistan, where he earned the Silver Star, Bronze Star, Purple Heart, and a Good Conduct Medal for his bravery in combat; and

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WHEREAS, he died of wounds sustained when his outpost was attacked by small-arms fire and rocket propelled grenades from enemy forces in Wanat, Afghanistan; and
WHEREAS, CPL Ayers and his fellow soldiers were completing work on a new base in a remote, mountainous region bordering Pakistan; and
WHEREAS, he is survived by his loving parents, Bill and Suzanne Ayers, his brother, Joshua, and his grandmother, Pattie Weatherly; and
WHEREAS, it is only proper and fitting to honor this fallen hero who now stands in the unbroken line of patriots who have dared to die that freedom might live and grow and increase in its blessings.
PART II WHEREAS, Dave S. Miller was born in the Whitehouse community in 1874 and spent his entire life there; and
WHEREAS, he first worked as a blacksmith, and his shop still stands on the east side of Highway 155 just north of Miller's store; and
WHEREAS, in 1830 Silas Moseley, the ancestor of the Moseley clan in Henry County, built the first bridge and corn mill on Big Cotton Indian Creek, and after the Civil War the Hinton family bought the mill property from the Moseleys; and
WHEREAS, in 1925, Dave S. Miller bought the mill property and from that time until his death in 1966 he ran a very prosperous business which included the corn mill, a cotton gin, a saw mill, and a planing mill; and
WHEREAS, Dave S. Miller's son, Carlton Miller, ran the mill from 1925 until 1947, and his son, David Miller, ran the gin and country store; and
WHEREAS, the mill complex was the center of activity for the community and the operation was active until 1960 when Dave S. Miller was too old to work any more; and
WHEREAS, it is only fitting and proper to honor Dave S. Miller for the tremendous impact he and his sons had on their community and Henry County.
PART III WHEREAS, William Raleigh Cook was born in Henry County, Georgia, on July 4, 1888, and passed away on August 30, 1957; and
WHEREAS, Mamie Leona Steele was born in Henry County, Georgia, on October 5, 1893, and passed away on July 19, 1971; and

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WHEREAS, they were married in Henry County on December 18, 1912, and set up a homestead at Little Cotton Indian Creek and Decatur Road (now Ga. Hwy 155); and
WHEREAS, they farmed the local area and lived on Little Cotton Indian Creek throughout their lives, and they served as managers of the historic Shingleroof Campground Hotel in the1920's and 1930's; and
WHEREAS, they were lifelong members at nearby Salem Baptist Church and greeted and met travelers along Decatur Road for nearly a century; and
WHEREAS, the ancestors of both William and Mamie Cook were among the earliest white settlers of Henry County, Georgia, including John Cook who settled in Henry County after serving in the War of 1812 and also including veterans of the Civil War and the Spanish American War. These ancestors lived in the area around Little Cotton Indian Creek along Decatur Road; and
WHEREAS, the descendants of William and Mamie Cook include four generations of Henry County residents, many of whom still reside on and near the original homestead. Their number includes decorated veterans of the Second World War, the Korean War, and the Vietnam Conflict. Additionally, many of these descendants have served Henry County as successful businesspersons, academics, horse and cattle ranchers, real estate developers, and professionals in banking, technology, healthcare, and engineering; and
WHEREAS, it is only proper and fitting that a lasting memorial be dedicated to the memory of William and Mamie Cook.
PART IV WHEREAS, Bobby Walden, the "Big Toe from Cairo" was born in Boston, Georgia, on March 9, 1938; and
WHEREAS, he was an all-state halfback at Cairo and also lettered in basketball and track; and
WHEREAS, he went to the University of Georgia in 1957 and was part of a Bulldog football team that included teammates Fran Tarkenton, Fred Brown, Bill Godfrey, Pat Dye, and Charlie Britt; and
WHEREAS, at the conclusion of his college career, Bobby joined the Edmonton Eskimos, and he led the team in punting, rushing, and receiving in 1961 and 1962; and
WHEREAS, he then joined the Minnesota Vikings of the National Football League and led the NFL in punting in 1965 with an average of 46.4 yards per kick; and

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WHEREAS, Bobby was traded to the Pittsburgh Steelers in 1967 and continued as one of the premier punters in the league for the next decade; and
WHEREAS, he was an All-Pro selection in 1974, and he punted for Pittsburgh's Super Bowl championship teams in 1974 and 1975; and
WHEREAS, Bobby has returned to his roots to live in Cairo and Bainbridge since his retirement from professional football in 1977; and
WHEREAS, Bobby has been married for 44 years to the former Scarlett Bates of Bainbridge, and they have one son, Bobby Walden, Jr.; and
WHEREAS, it is only fitting and proper that Bobby Walden be recognized for his outstanding accomplishments on and off the football field.
PART V WHEREAS, the State of Georgia lost one of her great trailblazers and a mighty advocate in George W. Ford, Jr.; and
WHEREAS, Mr. Ford was a native son of Columbus, Georgia, who was among the first 200 African American men to serve in the Marine Corps and who, after his service in World War II, became a highly respected member of the Civil Rights movement; and
WHEREAS, he inspired fellow African Americans by lighting a torch to follow his example in such leadership roles as cofounding the Urban League of Greater Columbus, serving as president of the local National Association for the Advancement of Colored People branch, and acting as a voice of reason and builder of bridges in his community; and
WHEREAS, Mr. Ford was the founder and president emeritus of Progressive Funeral Home and served with distinction as a member of the board of directors for both Aflac and the Columbus Bank and Trust Company; and
WHEREAS, the work of this mentor, friend, and teacher was honored with the Jim Woodruff, Jr., Memorial Award in 2003; and
WHEREAS, Mr. Ford's actions have paved the way for so many others, and his legacy will live on in future generations of Georgians; and
WHEREAS, it is only proper that George W. Ford, Jr., be honored for his life well lived and that a permanent monument in his memory be established.

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PART VI WHEREAS, Edward A. Logan was born in Benton, Louisiana in 1898; and
WHEREAS, he served in the United States Army at the end of World War I and studied engineering by a correspondence course before moving to Hattiesburg, Mississippi, to take a job with the Mississippi Highway Department; and
WHEREAS, several years later he moved to Atlanta and studied until he received his degree in civil engineering and he was then employed by the Georgia Highway Department as a surveyor; and
WHEREAS, in 1924, Mr. Logan was sent to the Florida line to begin surveying and building US 17 and during this time he lived in Woodbine, Brunswick, and Riceboro; and
WHEREAS, he later lived in Savannah, Waycross, and Fitzgerald and then back to Savannah where he worked as the district engineer for all three towns; and
WHEREAS, in 1940, he took leave from the Georgia Highway Department to do defense work with private contractors; and
WHEREAS, in 1951, he moved to St. Simons Island and went back to work for the Georgia Highway Department in 1958 where he was the district engineer for the Jesup division until he retired in 1968 at age 70; and
WHEREAS, Mr. Logan was a lifelong Presbyterian and served as an elder in the St. Simons Presbyterian Church, and he was also a Rotarian, a 33rd Degree Mason, a Shriner, and a member of the American Legion and loved to hunt deer and turkey; and
WHEREAS, he was married to Eula Mae Best from Hazlehurst, Georgia, and they had two children, Edward and Jean; and
WHEREAS, it is only proper that Edward A. Logan be honored for his life well lived and that a permanent monument in his memory be established.
PART VII WHEREAS, the Honorable Richard S. Gault was a distinguished Georgian and highly respected jurist who will long be remembered as the patriarch of the courts of Forsyth County, as well as a trusted advisor, confidant, and friend to the legal community; and
WHEREAS, Judge Gault died suddenly on July 23, 2003; and
WHEREAS, he graduated from Marietta High School, was a cadet at the United States Air Force Academy, served four years in the Air Force, was honorably discharged with

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the rank of captain in 1971, and he earned his Juris Doctorate from the Emory University School of Law; and
WHEREAS, he served six years as an Assistant and Special Assistant Attorney General of Georgia, six years as solicitor and four years as judge of the State Court of Cherokee and Forsyth Counties, and 14 years as judge of the Superior Court of the Blue Ridge Circuit; and
WHEREAS, Judge Gault worked tirelessly to ensure that the judicial needs of the citizens of Georgia and fast-growing Forsyth County were met, and his work was vital to the formation of the Bell-Forsyth Judicial Circuit in 1998; and
WHEREAS, his keen intellect, integrity, and skill in communicating the needs of the judicial branch earned him the esteem of his colleagues on the bench and the respect and admiration of members of the executive and legislative branches of state government, as exemplified by his membership on the Chief Justice's Commission on Professionalism from 1997-2002 and on the Supreme Court Blue Ribbon Commission on the Judiciary; and
WHEREAS, Judge Gault was a dedicated leader in his community as a member of First Baptist Church of Cumming and president of his Unity Sunday School Class, and he was a charter member of the Forsyth County Rotary Club, an organizer in the Charter Class of Leadership Forsyth, and served as director of the Cumming-Forsyth Chamber of Commerce; and
WHEREAS, it is only proper and fitting that the memory of Judge Gault be honored by dedicating a lasting memorial to his life of service to his community and to the State of Georgia.
PART VIII WHEREAS, Doug Ferguson was born on December 28, 1946, to John Lewis Ferguson and Jessie Lorene Ferguson of Emerson, Georgia, and he lived his entire life in Emerson; and
WHEREAS, Doug married Melissa Stokes on March 19, 1969, and they had two sons, Aaron and Alexander, who also reside in Emerson; and
WHEREAS, in 1994, he opened Doug's Place Restaurant in the former Moms Groceries store building, a landmark in Emerson that is over 100 years old; and
WHEREAS, Doug was instrumental in establishing an annual "Emerson Reunion" bringing together former and current Emerson residents for a great time of fellowship and strengthening of the Emerson identity; and

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WHEREAS, Doug's Place was recognized by the Georgia House of Representatives in 2001 by means of House Resolution 575 commending Doug's Place Restaurant for being "a fine eating establishment known far and wide as a place for good food, fast service, and ample servings; and the success of this venture no doubt is due to the strong work ethic, fairness, honesty, and talent of the very dedicated Ferguson family"; and
WHEREAS, Doug Ferguson passed away on January 14, 2007, but he shall never be forgotten by the citizens of Emerson; and
WHEREAS, it is only proper that Doug Ferguson be honored for his life well lived and that a permanent monument in his memory be established.
PART IX WHEREAS, David Paul (Bubba) Land was born on February 11, 1971, the fine son of Paul and Linda Land, brother to Shelly, and proud father of Taylor; and
WHEREAS, David realized his dream of being a police officer when, in March of 1990, he became an Atlanta police officer; and
WHEREAS, in 1992, he went to work for the Stone Mountain Police Department where he worked as an officer until being hired by the Forsyth County Sheriff's Office in December of 1997; and
WHEREAS, while working with the Forsyth County Sheriff's Office, David met Paula Shapiro, who was also working as a deputy with the Sheriff's Office, and in July of 2002, David and Paula were married in a storybook wedding at Walt Disney World in Orlando, Florida; and
WHEREAS, on March 24, 2003, David was promoted to the rank of Sergeant and returned to the uniform patrol; and
WHEREAS, on March 26, 2003, at approximately 1600 hours, Sgt. Land responded to a call for service regarding a fight in progress and as he was traveling west on Highway 20 (Buford Highway) on his motorcycle with lights and siren activated, a motorist turned left into his path and he was thrown from the motorcycle and received fatal injuries; and
WHEREAS, in May of 2004, Sgt. Land was placed on the Police Officer's Memorial Wall in Washington, D.C., by his family, friends, and brothers and sisters of the Forsyth County Sheriff's Office; and
WHEREAS, in December of 2007, David's brothers and sisters of the Fraternal Order of Police Lanier Lodge #82 voted and changed the lodge name to the Sgt. D. P. Land

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Memorial Lodge #82 in memory of David who served his community and was a friend to all; and
WHEREAS, Sgt. Land paid the ultimate sacrifice by giving his life in the performance of his duties in the career that he loved, and it is only fitting that a lasting memorial to honor his memory be established.
PART IX-A WHEREAS, Tom Buck was born on March 2, 1938, and was educated in the public schools of Columbus, Georgia; and
WHEREAS, his distinguished career included serving 19 consecutive terms of office in the Georgia House of Representatives; and
WHEREAS, he provided stellar leadership as Chairman of the House Committee on Retirement, the House Committee on the University System, the House Committee on Ways and Means, and the House Committee on Appropriations; and
WHEREAS, his expertise on the state budget, developed over years of tireless service as a House budget conferee, and his prodigious knowledge of tax law and policy were invaluable in developing responsible fiscal policies in times of prosperity and times of hard choices; and
WHEREAS, as Chairman of the Muscogee House Delegation, he was always attentive to the needs of his community; and
WHEREAS, he has been generous with his time and energy for community endeavors, serving on the board of trustees for the Columbus State University Foundation, St. Francis Hospital, and the Columbus River Center for the Performing Arts; and
WHEREAS, his dedication, insight, and tenacity are attributes that have made him an exemplary public servant.
PART X NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the interchange at US 78 and Killian Hill Road, in Gwinnett County, be dedicated as the CPL Jonathan Ryan Ayers Memorial Interchange.
BE IT FURTHER RESOLVED that the new bridge in Henry County over Big Cotton Creek be dedicated as the Dave S. Miller Memorial Bridge.
BE IT FURTHER RESOLVED that the bridge on SR 155 at Little Cotton Indian Creek be dedicated as the William R. and Mamie Steele Cook Memorial Bridge.

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BE IT FURTHER RESOLVED that the portion of U.S. Highway 84, in Decatur County, Georgia, from the Grady County line west to the traffic light at Whigham Dairy Road, within the limits of the Wiregrass Georgia Parkway, be dedicated as the Bobby Walden Highway.
BE IT FURTHER RESOLVED that the interchange at Interstate Highway 85 and St. Mary's Road in Muscogee County be dedicated as the George W. Ford, Jr. Interchange.
BE IT FURTHER RESOLVED that the bridge in Glynn County over Fancy Bluff Creek on SR 520/SR 25 at milepost 14.75 be dedicated as the Edward A. Logan Memorial Bridge.
BE IT FURTHER RESOLVED that the interchange at GA 400 and SR 20 in Forsyth County be dedicated as the Judge Richard S. (Stan) Gault Memorial Interchange.
BE IT FURTHER RESOLVED that the bridge being erected over Hwy 41, in Emerson, Georgia, be dedicated as the Doug Ferguson Memorial Bridge.
BE IT FURTHER RESOLVED that the bridge on SR 20 over Haw Creek in Forsyth County, Georgia, be dedicated as the Sgt. D. P. Land Memorial Bridge.
BE IT FURTHER RESOLVED that the portion of SR 22 Spur from US 27 (Veterans Parkway) to Brown Avenue in Muscogee County, Georgia, be dedicated as the Tom Buck Parkway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.
BE IT FURTHER RESOLVED that the 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 Corporal Jonathan Ryan Ayers, to the family of Dave S. Miller, to the family of William R. and Mamie Steele Cook, to Robert Earl (Bobby) Walden, to the family of George W. Ford, Jr., to the family of Edward A. Logan, to the family of Richard S. (Stan) Gault, to the family of Doug Ferguson, to the family of Sgt. D. P. Land, and to Tom Buck.
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:

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E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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
Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 1.

The Resolution, having received the requisite constitutional majority, was adopted, 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 451. By Representatives Jacobs of the 80th, Lindsey of the 54th, Glanton of the 76th, Willard of the 49th, Weldon of the 3rd and others:

A BILL to be entitled an Act to amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to adopt the

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revised Article 7 of the Uniform Commercial Code; to provide for conforming amendments to other provisions of such title; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, so as to adopt the revised Article 7 of the Uniform Commercial Code; to provide for conforming amendments to other provisions of such title; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended by revising Article 7 as follows:
"ARTICLE 7 Part 1 General
11-7-101. Short title. This article shall be known and may be cited as 'Uniform Commercial Code -- Documents of Title.'
11-7-102. Definitions and index of definitions. (1)(a) In this article, unless the context otherwise requires:
(a)(1) 'Bailee' means the a person who that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. (b)(2) 'Carrier' means a person that issues a bill of lading. (3) 'Consignee' means the a person named in a bill of lading to whom which or to whose order the bill promises delivery. (c)(4) 'Consignor' means the a person named in a bill of lading as the person from whom which the goods have been received for shipment.

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(d)(5) 'Delivery order' means a written record that contains an order to deliver goods directed to a warehouseman warehouse, carrier, or other person who that in the ordinary course of business issues warehouse receipts or bills of lading. (e)(6) 'Document' means document of title as defined in the general definitions in Article 1 of this title (Code Section 11-1-201) 'Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing. (f)(7) 'Goods' means all things which that are treated as movable for the purpose purposes of a contract of storage or transportation. (g)(8) 'Issuer' means a bailee who issues a document of title or, in the case of except that in relation to an unaccepted delivery order, it means the person who orders the possessor of goods to deliver. Issuer The term includes any a person for whom which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, notwithstanding that even if the issuer received no did not receive any goods, or that the goods were misdescribed, or that in any other respect the agent or employee violated his the issuer's instructions. (h)(9) 'Warehouseman' is a person engaged in the business of storing goods for hire 'Person entitled under the document' means the holder, in the case of a negotiable document of title, or the person to which delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a nonnegotiable document of title. (10) '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. (11) 'Sign' means, with 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 sound, symbol, or process. (12) 'Shipper' means a person that enters into a contract of transportation with a carrier. (13) 'Warehouse' means a person engaged in the business of storing goods for hire. (2)(b) Other definitions applying to this article or to specified parts thereof, and the Code sections in which they appear are: 'Duly negotiate.' Code Section 11-7-501. 'Person entitled under the document.' Code Section 11-7-403(4). (3) Definitions in other articles of this title applying to this article and the Code sections in which they appear are: (1) 'Contract for sale.' Code Section 11-2-106. 'Overseas.' Code Section 11-2-323. (2) 'Lessee in the ordinary course of business.' Code Section 11-2A-103. (3) 'Receipt' of goods. Code Section 11-2-103. (4)(c) In addition, Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article.

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11-7-103. Relation of article to treaty, or statute, tariff, classification, or regulation. (a) To the extent that Except as otherwise provided in this article, this article is subject to any treaty or statute of the United States, or tariff, classification, or regulation filed or issued pursuant thereto to the extent the treaty or statute is applicable, the provisions of this article are subject thereto. (b) This article does not modify or repeal any law prescribing the form or content of a document of title or the services or facilities to be afforded by a bailee, or otherwise regulating a bailee's business in respects not specifically treated in this article. However, a violation of such a law does not affect the status of a document of title that otherwise is within the definition of a document of title. (c) This article 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). (d) To the extent that there is a conflict between any provisions of the laws of this state regarding electronic transactions and this article, this article governs.
11-7-104. Negotiable and nonnegotiable warehouse receipt, bill of lading, or other document of title. (1)(a) A warehouse receipt, bill of lading, or other Except as otherwise provided in subsection (c) of this Code section, a document of title is negotiable:
(a) If if by its terms the goods are to be delivered to bearer or to the order of a named person; or (b) Where recognized in overseas trade, if it runs to a named person or assigns. (2)(b) Any other document A document of title other than one described in subsection (a) of this Code section is nonnegotiable. A bill of lading in which it is stated that states that the goods are consigned to a named person is not made negotiable by a provision that the goods are to be delivered only against a written an order in a record signed by the same or another named person. (c) A document of title is nonnegotiable if, at the time it is issued, the document has a conspicuous legend, however expressed, that it is nonnegotiable.
11-7-105. Construction against negative implication Reissuance in alternative medium. (a) The omission from either Part 2 or Part 3 of this article of a provision corresponding to a provision made in the other part does not imply that a corresponding rule of law is not applicable. Upon request of a person entitled under an electronic document of title, the issuer of the electronic document may issue a tangible document of title as a substitute for the electronic document if:
(1) The person entitled under the electronic document surrenders control of the document to the issuer; and

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(2) The tangible document when issued contains a statement that it is issued in substitution for the electronic document. (b) Upon issuance of a tangible document of title in substitution for an electronic document of title in accordance with subsection (a) of this Code section: (1) The electronic document ceases to have any effect or validity; and (2) The person that procured issuance of the tangible document warrants to all subsequent persons entitled under the tangible document that the warrantor was a person entitled under the electronic document when the warrantor surrendered control of the electronic document to the issuer. (c) Upon request of a person entitled under a tangible document of title, the issuer of the tangible document may issue an electronic document of title as a substitute for the tangible document if: (1) The person entitled under the tangible document surrenders possession of the document to the issuer; and (2) The electronic document when issued contains a statement that it is issued in substitution for the tangible document. (d) Upon issuance of an electronic document of title in substitution for a tangible document of title is accordance with subsection (c) of this Code section: (1) The tangible document ceases to have any effect or validity; and (2) The person that procured issuance of the electronic document warrants to all subsequent persons entitled under the electronic document that the warrantor was a person entitled under the tangible document when the warrantor surrendered possession of the tangible document to the issuer.
11-7-106. Control of electronic document of title. (a) A person has control of an electronic document of title if a system employed for evidencing the transfer of interests in the electronic document reliably establishes that person as the person to which the electronic document was issued or transferred. (b) A system satisfies subsection (a) of this Code section, and a person is deemed to have control of an electronic document of title, if the document is created, stored, and assigned in a manner that:
(1) A single authoritative copy of the document exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6) of this subsection, unalterable; (2) The authoritative copy identifies the person asserting control as:
(A) The person to which the document was issued; or (B) If the authoritative copy indicates that the document has been transferred, the person to which the document was most recently transferred; (3) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian; (4) Copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

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(5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and (6) Any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.
Part 2 Warehouse Receipts: Special Provisions
11-7-201. Who Person that may issue a warehouse receipt; storage under government bond. (1)(a) A warehouse receipt may be issued by any warehouseman warehouse. (2)(b) Where If goods, including distilled spirits and agricultural commodities, are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt issued for the goods has like effect as is deemed to be a warehouse receipt even though if issued by a person who that is the owner of the goods and is not a warehouseman warehouse.
11-7-202. Form of warehouse receipt; essential terms; optional terms effect of omission. (1)(a) A warehouse receipt need not be in any particular form. (2)(b) Unless a warehouse receipt embodies within its written or printed terms provides for each of the following, the warehouseman warehouse is liable for damages caused by the to a person injured by its omission to a person injured thereby:
(a)(1) The A statement of the location of the warehouse facility where the goods are stored; (b)(2) The date of issue of the receipt; (c)(3) The consecutive number unique identification code of the receipt; (d)(4) A statement whether the goods received will be delivered to the bearer, to a specified named person, or to a specified named person or his its order; (e)(5) The rate of storage and handling charges, except that where unless goods are stored under a field warehousing arrangement, in which case a statement of that fact is sufficient on a nonnegotiable receipt; (f)(6) A description of the goods or of the packages containing them; (g)(7) The signature of the warehouseman, which may be made by his authorized warehouse or its agent; (h)(8) If the receipt is issued for goods of which that the warehouseman is owner warehouse owns, either solely, or jointly, or in common with others, a statement of the fact of such that ownership; and (i)(9) A statement of the amount of advances made and of liabilities incurred for which the warehouseman warehouse claims a lien or security interest, unless (Code Section 11-7-209). If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, is unknown to the warehouseman warehouse or to his its agent who issues it that issued the receipt, in which case a

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statement of the fact that advances have been made or liabilities incurred and the purpose thereof of the advances or liabilities is sufficient. (3)(c) A warehouseman warehouse may insert in his its receipt any other terms which that are not contrary to the provisions of this title and do not impair his its obligation of delivery under (Code Section 11-7-403) or his its duty of care under (Code Section 117-204). Any contrary provisions shall be provision is ineffective.
11-7-203. Liability for nonreceipt or misdescription. A party to or purchaser for value in good faith of a document of title, other than a bill of lading, relying in either case that relies upon the description therein of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that:
(1) the The document conspicuously indicates that the issuer does not know whether any all or part or all of the goods in fact were received or conform to the description, as where such as a case in which the description is in terms of marks or labels or kind, quantity, or condition, or the receipt or description is qualified by 'contents, condition, and quality unknown,' 'said to contain,' or the like words of similar import, if such indication be is true,; or (2) the The party or purchaser otherwise has notice of the nonreceipt or misdescription.
11-7-204. Duty of care; contractual limitation of warehouseman's warehouse's liability. (1)(a) A warehouseman warehouse is liable for damages for loss of or injury to the goods caused by his its failure to exercise such care in with regard to them as the goods that a reasonably careful man person would exercise under like similar circumstances. but unless Unless otherwise agreed, he the warehouse is not liable for damages which that could not have been avoided by the exercise of such that care. (2)(b) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage, and setting forth a specific liability per article or item, or value per unit of weight, beyond which the warehouseman warehouse shall is not be liable; provided, however, that such liability may on written. Such a limitation is not effective with respect to the warehouse's liability for conversion to its own use. On request of the bailor in a record at the time of signing such the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse's liability may be increased on part or all of the goods thereunder, in which event covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on such an increased valuation, but that no such increase shall be permitted contrary to a lawful limitation of liability contained in the warehouseman's tariff, if any. No such limitation is effective with respect to the warehouseman's liability for conversion to his own use of the goods.

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(3)(c) Reasonable provisions as to the time and manner of presenting claims and instituting commencing actions based on the bailment may be included in the warehouse receipt or tariff storage agreement.
11-7-205. Title under warehouse receipt defeated in certain cases. A buyer in the ordinary course of business of fungible goods sold and delivered by a warehouseman who warehouse that is also in the business of buying and selling such goods takes the goods free of any claim under a warehouse receipt even though it if the receipt is negotiable and has been duly negotiated.
11-7-206. Termination of storage at warehouseman's warehouse's option. (1)(a) A warehouseman may on notifying warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest in the goods, may require payment of any charges and removal of the goods from the warehouse at the termination of the period of storage fixed by the document, of title or, if no a period is not fixed, within a stated period not less than 30 days after the notification warehouse gives notice. If the goods are not removed before the date specified in the notification notice, the warehouseman warehouse may sell them in accordance with the provisions of the Code section on enforcement of a warehouseman's lien (pursuant to Code Section 11-7-210). (2)(b) If a warehouseman warehouse in good faith believes that the goods are about to deteriorate or decline in value to less than the amount of his its lien within the time prescribed provided in subsection (1) (a) of this Code section for notification, advertisement, and sale and Code Section 11-7-210, the warehouseman warehouse may specify in the notification notice given under subsection (a) of this Code section any reasonable, shorter time for removal of the goods and, in case if the goods are not removed, may sell them at public sale held not less than one week after a single advertisement or posting. (3)(c) If, as a result of a quality or condition of the goods of which the warehouseman had no warehouse did not have notice at the time of deposit, the goods are a hazard to other property, or to the warehouse facilities, or to other persons, the warehouseman warehouse may sell the goods at public or private sale without advertisement or posting on reasonable notification to all persons known to claim an interest in the goods. If the warehouseman warehouse, after a reasonable effort, is unable to sell the goods, he it may dispose of them in any lawful manner and shall does not incur no liability by reason of such that disposition. (4)(d) The warehouseman must A warehouse shall deliver the goods to any person entitled to them under this article upon due demand made at any time prior to before sale or other disposition under this Code section. (5)(e) The warehouseman A warehouse may satisfy his its lien from the proceeds of any sale or disposition under this Code section but must shall hold the balance for delivery on the demand of any person to whom he which the warehouse would have been bound to deliver the goods.

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11-7-207. Goods must shall be kept separate; fungible goods. (1)(a) Unless the warehouse receipt otherwise provides otherwise, a warehouseman must warehouse shall keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods. However, except that different lots of fungible goods may be commingled. (2)(b) Fungible If different lots of fungible goods so are commingled, the goods are owned in common by the persons entitled thereto and the warehouseman warehouse is severally liable to each owner for that owner's share. Where If, because of overissue, a mass of fungible goods is insufficient to meet all the receipts which the warehouseman warehouse has issued against it, the persons entitled include all holders to whom overissued receipts have been duly negotiated.
11-7-208. Altered warehouse receipts. Where If a blank in a negotiable warehouse receipt has been filled in without authority, a good-faith purchaser for value and without notice of the want lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse receipt enforceable against the issuer according to its original tenor.
11-7-209. Lien of warehouseman warehouse. (1)(a) A warehouseman warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in his its possession for charges for storage or transportation, (including demurrage and terminal charges), insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for like similar charges or expenses in relation to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement that a lien is claimed for charges and expenses in relation to other goods, the warehouseman warehouse also has a lien against him the goods covered by the warehouse receipt or storage agreement or on the proceeds thereof in its possession for such those charges and expenses, whether or not the other goods have been delivered by the warehouseman warehouse. But However, as against a person to whom which a negotiable warehouse receipt is duly negotiated, a warehouseman's warehouse's lien is limited to charges in an amount or at a rate specified on in the warehouse receipt or, if no charges are so specified, then to a reasonable charge for storage of the specific goods covered by the receipt subsequent to the date of the receipt. (2)(b) The warehouseman A warehouse may also reserve a security interest against the bailor for a the maximum amount specified on the receipt for charges other than those specified in subsection (1) (a) of this Code section, such as for money advanced and interest. Such a The security interest is governed by the article on secured transactions (Article 9 of this title).

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(3)(a)(c) A warehouseman's warehouse's lien for charges and expenses under subsection (1) (a) of this Code section or a security interest under subsection (2) (b) of this Code section is also effective against any person who that so entrusted the bailor with possession of the goods that a pledge of them by him the bailor to a good faith good-faith purchaser for value would have been valid. but However, the lien or security interest is not effective against a person as to whom the document confers no right in the goods covered by it under Code Section 11-7-503 that before issuance of a document of title had a legal interest or a perfected security interest in the goods and that did not:
(1) Deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with:
(A) Actual or apparent authority to ship, store, or sell; (B) Power to obtain delivery under Code Section 11-7-403; or (C) Power of disposition under Code Section 11-2-403, subsection (2) of Code Section 11-2A-304, subsection (2) of Code Section 11-2A-305, Code Section 11-9320, or subsection (c) of Code Section 11-9-321 or other statute or rule of law; or (2) Acquiesce in the procurement by the bailor or its nominee of any document. (b)(d) A warehouseman's warehouse's lien on household goods for charges and expenses in relation to the goods under subsection (1) (a) of this Code section is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. 'Household In this subsection, 'household goods' means furniture, furnishings, and or personal effects used by the depositor in a dwelling. (4)(e) A warehouseman warehouse loses his its lien on any goods which he that it voluntarily delivers or which he unjustifiably refuses to deliver.
11-7-210. Enforcement of warehouseman's warehouse's lien. (1)(a) Except as provided in subsection (2) (b) of this Code section, a warehouseman's warehouse's lien may be enforced by public or private sale of the goods, in bloc or in parcels in bulk or in packages, at any time or place, and on any terms which that are commercially reasonable, after notifying all persons known to claim an interest in the goods. Such The notification must shall include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a different method from that selected by the warehouseman warehouse is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the warehouseman either The warehouse sells in a commercially reasonable manner if the warehouse sells the goods in the usual manner in any recognized market therefor, or if he sells at the price current in such that market at the time of his the sale, or if he has otherwise sold sells in conformity with commercially reasonable practices among dealers in the type of goods sold, he has sold in a commercially reasonable manner. A sale of more goods than apparently necessary to be offered to insure satisfaction of the obligation is not commercially reasonable except in cases covered by the preceding sentence.

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(2)(b) A warehouseman's lien warehouse may enforce its lien on goods, other than goods stored by a merchant in the course of his its business, only if the following requirements are satisfied may be enforced only as follows:
(a)(1) All persons known to claim an interest in the goods must shall be notified. (b)(2) The notification must be delivered in person or sent by registered letter to the last known address of any person to be notified. (c) The notification must shall include an itemized statement of the claim, a description of the goods subject to the lien, a demand for payment within a specified time not less than ten days after receipt of the notification, and a conspicuous statement that unless the claim is paid within that time the goods will be advertised for sale and sold by auction at a specified time and place. (d)(3) The sale must shall conform to the terms of the notification. (e)(4) The sale must shall be held at the nearest suitable place to that where the goods are held or stored. (f)(5) After the expiration of the time given in the notification, an advertisement of the sale must shall be published once a week for two weeks consecutively in a newspaper of general circulation where the sale is to be held. The advertisement must shall include a description of the goods, the name of the person on whose account they are being held, and the time and place of the sale. The sale must shall take place at least 15 days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must shall be posted at least ten days before the sale in not less fewer than six conspicuous places in the neighborhood of the proposed sale. (3)(c) Before any sale pursuant to this Code section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under in complying with this Code section. In that event, the goods must may not be sold, but must shall be retained by the warehouseman warehouse subject to the terms of the receipt and this article. (4)(d) A warehouse The warehouseman may buy at any public sale held pursuant to this Code section. (5)(e) A purchaser in good faith of goods sold to enforce a warehouseman's warehouse's lien takes the goods free of any rights of persons against whom which the lien was valid, despite the warehouse's noncompliance by the warehouseman with the requirements of this Code section. (6)(f) A warehouse The warehouseman may satisfy his its lien from the proceeds of any sale pursuant to this Code section but must shall hold the balance, if any, for delivery on demand to any person to whom he which the warehouse would have been bound to deliver the goods. (7)(g) The rights provided by this Code section shall be in addition to all other rights allowed by law to a creditor against his a debtor. (8)(h) If Where a lien is on goods stored by a merchant in the course of his its business, the lien may be enforced in accordance with either subsection (1) (a) or (2) (b) of this Code section.

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(9)(i) A warehouse The warehouseman is liable for damages caused by failure to comply with the requirements for sale under this Code section and, in case of willful violation, is liable for conversion.
Part 3 Bills of Lading: Special Provisions
11-7-301. Liability for nonreceipt or misdescription; 'said to contain'; 'shipper's weight, load, and count'; improper handling. (1)(a) A consignee of a nonnegotiable bill who of lading which has given value in good faith, or a holder to whom which a negotiable bill has been duly negotiated, relying in either case upon the description therein of the goods, in the bill or upon the date therein shown in the bill, may recover from the issuer damages caused by the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extent that the document bill indicates that the issuer does not know whether any part or all of the goods in fact were received or conform to the description, such as where in a case in which the description is in terms of marks or labels or kind, quantity, or condition or the receipt or description is qualified by 'contents or condition of contents of packages unknown,' 'said to contain,' 'shipper's weight, load, and count,' or the like words of similar import, if such that indication be is true. (2)(b) When If goods are loaded by an the issuer who is a common carrier, of a bill of lading:
(1) the The issuer must shall count the packages of goods if package freight shipped in packages and ascertain the kind and quantity if shipped in bulk freight.; and (2) In Words such cases as 'shipper's weight, load, and count' or other words of similar import indicating that the description was made by the shipper are ineffective except as to freight goods concealed by in packages. (3)(c) When If bulk freight is goods are loaded by a shipper who that makes available to the issuer of a bill of lading adequate facilities for weighing such freight, an those goods, the issuer who is a common carrier must shall ascertain the kind and quantity within a reasonable time after receiving the written shipper's request of the shipper to do so. In such cases that case 'shipper's weight' or other words of like purport similar import are ineffective. (4)(d) The issuer of a bill of lading, may by inserting including in the bill the words 'shipper's weight, load, and count' or other words of like purport similar import, may indicate that the goods were loaded by the shipper;, and, if such that statement be is true, the issuer shall is not be liable for damages caused by the improper loading. But their However, omission of such words does not imply liability for such damages caused by improper loading. (5)(e) A The shipper shall be deemed to have guaranteed guarantees to the an issuer the accuracy at the time of shipment of the description, marks, labels, number, kind, quantity, condition, and weight, as furnished by him; the shipper, and the shipper shall indemnify the issuer against damage caused by inaccuracies in such those particulars.

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The This right of the issuer to such indemnity shall in no way does not limit his the issuer's responsibility and or liability under the contract of carriage to any person other than the shipper.
11-7-302. Through bills of lading and similar documents of title. (1)(a) The issuer of a through bill of lading, or other document of title embodying an undertaking to be performed in part by persons a person acting as its agents agent or by connecting carriers a performing carrier, is liable to anyone any person entitled to recover on the bill or other document for any breach by such the other persons person or by a connecting the performing carrier of its obligation under the bill or other document. but However, to the extent that the bill or other document covers an undertaking to be performed overseas or in territory not contiguous to the continental United States or an undertaking including matters other than transportation, this liability for breach by the other person or the performing carrier may be varied by agreement of the parties. (2)(b) Where If goods covered by a through bill of lading or other document of title embodying an undertaking to be performed in part by persons a person other than the issuer are received by any such that person, he the person is subject, with respect to his its own performance while the goods are in his its possession, to the obligation of the issuer. His The person's obligation is discharged by delivery of the goods to another such person pursuant to the bill or other document, and does not include liability for breach by any other such persons person or by the issuer. (3)(c) The issuer of such a through bill of lading or other document shall be of title described in subsection (a) of this Code section is entitled to recover from the connecting performing carrier, or such other person in possession of the goods when the breach of the obligation under the bill or other document occurred,:
(1) the The amount it may be required to pay to anyone any person entitled to recover on the bill or other document therefor for the breach, as may be evidenced by any receipt, judgment, or transcript thereof, of judgment; and (2) the The amount of any expense reasonably incurred by it the issuer in defending any action brought commenced by anyone any person entitled to recover on the bill or other document therefor for the breach.
11-7-303. Diversion; reconsignment; change of instructions. (1)(a) Unless the bill of lading otherwise provides, the a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from:
(a)(1) The holder of a negotiable bill; or (b)(2) The consignor on a nonnegotiable bill, notwithstanding even if the consignee has given contrary instructions from the consignee; or (c)(3) The consignee on a nonnegotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the tangible bill or in control of the electronic bill; or

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(d)(4) The consignee on a nonnegotiable bill, if he the consignee is entitled as against the consignor to dispose of them the goods. (2)(b) Unless such instructions described in subsection (a) of this Code section are noted on included in a negotiable bill of lading, a person to whom which the bill is duly negotiated can may hold the bailee according to the original terms.
11-7-304. Bills Tangible bills of lading in a set. (1)(a) Except where as customary in overseas international transportation, a tangible bill of lading must may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection. (2)(b) If Where a tangible bill of lading is lawfully drawn issued in a set of parts, each of which is numbered contains an identification code and is expressed to be valid only if the goods have not been delivered against any other part, the whole of the parts constitute constitutes one bill. (3)(c) If Where a tangible negotiable bill of lading is lawfully issued in a set of parts and different parts are negotiated to different persons, the title of the holder to whom which the first due negotiation is made prevails as to both the document of title and the goods even though if any later holder may have received the goods from the carrier in good faith and discharged the carrier's obligation by surrender of his surrendering its part. (4)(d) A Any person who that negotiates or transfers a single part of a tangible bill of lading drawn issued in a set is liable to holders of that part as if it were the whole set. (5)(e) The bailee is obliged to shall deliver in accordance with Part 4 of this article against the first presented part of a tangible bill of lading lawfully drawn in a set. Such delivery Delivery in this manner discharges the bailee's obligation on the whole bill.
11-7-305. Destination bills. (1)(a) Instead of issuing a bill of lading to the consignor at the place of shipment, a carrier, may at the request of the consignor, may procure the bill to be issued at destination or at any other place designated in the request. (2)(b) Upon request of anyone any person entitled as against the carrier to control the goods while in transit and on surrender of possession or control of any outstanding bill of lading or other receipt covering such goods, the issuer, subject to Code Section 11-7105, may procure a substitute bill to be issued at any place designated in the request.
11-7-306. Altered bills of lading. An unauthorized alteration or filling in of a blank in a bill of lading leaves the bill enforceable according to its original tenor.
11-7-307. Lien of carrier. (1)(a) A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges subsequent to after the date of its the carrier's receipt of the goods for storage or transportation, (including demurrage and terminal

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charges), and for expenses necessary for preservation of the goods incident to their transportation or reasonably incurred in their sale pursuant to law. But However, against a purchaser for value of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill or the applicable tariffs, or, if no charges are stated, then to a reasonable charge. (2)(b) A lien for charges and expenses under subsection (1) (a) of this Code section on goods which that the carrier was required by law to receive for transportation is effective against the consignor or any person entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to such those charges and expenses. Any other lien under subsection (1) (a) of this Code section is effective against the consignor and any person who that permitted the bailor to have control or possession of the goods unless the carrier had notice that the bailor lacked such authority. (3)(c) A carrier loses his its lien on any goods which he that it voluntarily delivers or which he unjustifiably refuses to deliver.
11-7-308. Enforcement of carrier's lien. (1)(a) A carrier's lien on goods may be enforced by public or private sale of the goods, in bloc bulk or in parcels packages, at any time or place, and on any terms which that are commercially reasonable, after notifying all persons known to claim an interest in the goods. Such The notification must shall include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a method different method from that selected by the carrier is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. If the The carrier either sells the goods in the usual a commercially reasonable manner in any recognized market therefor or if he the carrier sells the goods in the usual manner in any recognized market therefor, sells at the price current in such that market at the time of his the sale, or if he has otherwise sold sells in conformity with commercially reasonable practices among dealers in the type of goods sold he has sold in a commercially reasonable manner. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable, except in cases covered by the preceding sentence. (2)(b) Before any sale pursuant to this Code section, any person claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under in complying with this Code section. In that event, the goods must may not be sold, but must shall be retained by the carrier, subject to the terms of the bill of lading and this article. (3)(c) The carrier may buy at any public sale pursuant to this Code section. (4)(d) A purchaser in good faith of goods sold to enforce a carrier's lien takes the goods free of any rights of persons against whom which the lien was valid, despite the carrier's noncompliance by the carrier with the requirements of this Code section.

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(5)(e) A The carrier may satisfy his its lien from the proceeds of any sale pursuant to this Code section but must shall hold the balance, if any, for delivery on demand to any person to whom he which the carrier would have been bound to deliver the goods. (6)(f) The rights provided by this Code section shall be are in addition to all other rights allowed by law to a creditor against his a debtor. (7)(g) A carrier's lien may be enforced in accordance with pursuant to either subsection (1) (a) of this Code section or the procedure set forth in subsection (2) (b) of Code Section 11-7-210. (8)(h) A The carrier is liable for damages caused by failure to comply with the requirements for sale under this Code section and, in case of willful violation, is liable for conversion.
11-7-309. Duty of care; contractual limitation of carrier's liability. (1)(a) A carrier who that issues a bill of lading, whether negotiable or nonnegotiable, must shall exercise the degree of care in relation to the goods which a reasonably careful man person would exercise under like similar circumstances. This subsection does not repeal or change affect any law statute, regulation, or rule of law which that imposes liability upon a common carrier for damages not caused by its negligence. (2)(b) Damages may be limited by a provision term in the bill of lading or in a transportation agreement that the carrier's liability shall may not exceed a value stated in the document bill or transportation agreement if the carrier's rates are dependent upon value and the consignor by the carrier's tariff is afforded an opportunity to declare a higher value or a value as lawfully provided in the tariff, or where no tariff is filed he and the consignor is otherwise advised of such the opportunity; but no such. However, such a limitation is not effective with respect to the carrier's liability for conversion to its own use. (3)(c) Reasonable provisions as to the time and manner of presenting claims and instituting commencing actions based on the shipment may be included in a bill of lading or tariff a transportation agreement.
Part 4 Warehouse receipts and bills of lading: general obligations.
11-7-401. Irregularities in issue of receipt or bill or conduct of issuer. The obligations imposed by this article on an issuer apply to a document of title regardless of the fact that even if:
(a)(1) The document may does not comply with the requirements of this article or of any other law statute, rule, or regulation regarding its issue issuance, form, or content; or (b)(2) The issuer may have violated laws regulating the conduct of his its business; or (c)(3) The goods covered by the document were owned by the bailee at the time when the document was issued; or

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(d)(4) The person issuing the document does not come within the definition of warehouseman if it is not a warehouse but the document purports to be a warehouse receipt.
11-7-402. Duplicate receipt or bill document of title; overissue. Neither a A duplicate nor or any other document of title purporting to cover goods already represented by an outstanding document of the same issuer confers does not confer any right in the goods, except as provided in the case of tangible bills of lading in a set of parts, overissue of documents for fungible goods, and substitutes for lost, stolen, or destroyed documents, or substitute documents issued pursuant to Code Section 11-7-105. But the The issuer is liable for damages caused by his its overissue or failure to identify a duplicate document as such by a conspicuous notation on its face.
11-7-403. Obligation of warehouseman or carrier bailee to deliver; excuse. (1)(a) A The bailee must shall deliver the goods to a person entitled under the a document who of title if the person complies with subsections (2) (b) and (3) (c) of this Code section, unless and to the extent that the bailee establishes any of the following:
(a)(1) Delivery of the goods to a person whose receipt was rightful as against the claimant; (b)(2) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable; (c)(3) Previous sale or other disposition of the goods in lawful enforcement of a lien or on warehouseman's a warehouse's lawful termination of storage; (d)(4) The exercise by a seller of his its right to stop delivery pursuant to the provisions of the article on sales (Code Section 11-2-705) or by a lessor of its right to stop delivery pursuant to Code Section 11-2A-526; (e)(5) A diversion, reconsignment, or other disposition pursuant to the provisions of this article (Code Section 11-7-303) or tariff regulating such right; (f)(6) Release, satisfaction, or any other fact affording a personal defense against the claimant; or (g)(7) Any other lawful excuse. (2)(b) A person claiming goods covered by a document of title must shall satisfy the bailee's lien where if the bailee so requests or where if the bailee is prohibited by law from delivering the goods until the charges are paid. (3)(c) Unless the a person claiming the goods is one a person against whom which the document confers no of title does not confer a right under subsection (a) of Code Section 11-7-503(1),: (1) The person claiming under a document shall he must surrender for cancellation or notation possession or control of any outstanding negotiable document covering the goods for cancellation or indication of partial deliveries; and (2) of partial deliveries any outstanding negotiable document covering the goods, and the The bailee must shall cancel the document or conspicuously note indicate in

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the document the partial delivery thereon or be the bailee is liable to any person to whom which the document is duly negotiated. (4) 'Person entitled under the document' means holder in the case of a negotiable document, or the person to whom delivery is to be made by the terms of or pursuant to written instructions under a nonnegotiable document.
11-7-404. No liability for good faith good-faith delivery pursuant to receipt or bill document of title. A bailee who that in good faith including observance of reasonable commercial standards has received goods and delivered or otherwise disposed of them the goods according to the terms of the document of title or pursuant to this article is not liable therefor. This rule applies for the goods even though if:
(1) The the person from whom he which the bailee received the goods had no did not have authority to procure the document or to dispose of the goods and; or (2) The even though the person to whom he which the bailee delivered the goods had no did not have authority to receive them the goods.
Part 5 Warehouse receipts and bills of lading: negotiation and transfer
11-7-501. Form of negotiation and requirements of 'due Negotiation negotiation.' (1)(a) The following rules apply to a negotiable tangible document of title:
(1) If the document's original terms run A negotiable document of title running to the order of a named person, the document is negotiated by his the named person's indorsement and delivery. After his the named person's indorsement in blank or to bearer, any person can may negotiate it the document by delivery alone.; (2)(a) A negotiable document of title is also negotiated by delivery alone when by its original If the document's original terms it runs run to bearer, it is negotiated by delivery alone;. (b)(3) If the document's original terms run When a document running to the order of a named person and it is delivered to him the named person, the effect is the same as if the document had been negotiated;. (3)(4) Negotiation of a negotiable the document of title after it has been indorsed to a specified named person requires indorsement by the special indorsee as well as named person and delivery; and. (4)(5) A negotiable document of title is 'duly negotiated' when if it is negotiated in the manner stated in this Code section subsection to a holder who that purchases it in good faith, without notice of any defense against or claim to it on the part of any person, and for value, unless it is established that the negotiation is not in the regular course of business or financing or involves receiving the document in settlement or payment of a money obligation. (b) The following rules apply to a negotiable electronic document of title:

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(1) If the document's original terms run to the order of a named person or to bearer, the document is negotiated by delivery of the document to another person. Indorsement by the named person is not required to negotiate the document; (2) If the document's original terms run to the order of a named person and the named person has control of the document, the effect is the same as if the document had been negotiated; and (3) A document is duly negotiated if it is negotiated in the manner stated in this subsection to a holder that purchases it in good faith, without notice of any defense against or claim to it on the part of any person, and for value, unless it is established that the negotiation is not in the regular course of business or financing or involves taking delivery of the document in settlement or payment of a monetary obligation. (5)(c) Indorsement of a nonnegotiable document of title neither makes it negotiable nor adds to the transferee's rights. (6)(d) The naming in a negotiable bill of lading of a person to be notified of the arrival of the goods does not limit the negotiability of the bill nor or constitute notice to a purchaser thereof of the bill of any interest of such that person in the goods.
11-7-502. Rights acquired by due negotiation. (1)(a) Subject to Code Section Sections 11-7-205 and 11-7-503 and to the provisions of Code Section 11-7-205 on fungible goods, a holder to whom which a negotiable document of title has been duly negotiated acquires thereby:
(a)(1) Title to the document; (b)(2) Title to the goods; (c)(3) All rights accruing under the law of agency or estoppel, including rights to goods delivered to the bailee after the document was issued; and (d)(4) The direct obligation of the issuer to hold or deliver the goods according to the terms of the document free of any defense or claim by him the issuer except those arising under the terms of the document or under this article, but in. In the case of a delivery order, the bailee's obligation accrues only upon the bailee's acceptance of the delivery order and the obligation acquired by the holder is that the issuer and any indorser will procure the acceptance of the bailee. (2)(b) Subject to Code Section 11-7-503, title and rights so acquired by due negotiation are not defeated by any stoppage of the goods represented by the document of title or by surrender of such the goods by the bailee, and are not impaired even though the if: (1) The due negotiation or any prior due negotiation constituted a breach of duty or even though any; (2) Any person has been deprived of possession of the a negotiable tangible document or control of a negotiable electronic document by misrepresentation, fraud, accident, mistake, duress, loss, theft, or conversion,; or (3) A even though a previous sale or other transfer of the goods or document has been made to a third person.
11-7-503. Document of title to goods defeated in certain cases.

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(1)(a) A document of title confers no right in goods against a person who that before issuance of the document had a legal interest or a perfected security interest in them the goods and who neither that did not:
(a)(1) Delivered or entrusted them Deliver or entrust the goods or any document of title covering them the goods to the bailor or the bailor's nominee with:
(A) actual Actual or apparent authority to ship, store, or sell; (B) or with power Power to obtain delivery under this article (Code Section 11-7403); or (C) with power Power of disposition under this title (Code Sections Section 11-2403, subsection (2) of Code Section 11-2A-304, subsection (2) of Code Section 112A-305, and Code Section 11-9-320), or subsection (c) of Code Section 11-9-321 or other statute or rule of law; nor or (b)(2) Acquiesced Acquiesce in the procurement by the bailor or the bailor's its nominee of any document of title. (2)(b) Title to goods based upon an unaccepted delivery order is subject to the rights of anyone any person to whom which a negotiable warehouse receipt or bill of lading covering the goods has been duly negotiated. Such a That title may be defeated under Code Section 11-7-504 to the same extent as the rights of the issuer or a transferee from the issuer. (3)(c) Title to goods based upon a bill of lading issued to a freight forwarder is subject to the rights of anyone any person to whom which a bill issued by the freight forwarder is duly negotiated; but. However, delivery by the carrier in accordance with Part 4 of this article pursuant to its own bill of lading discharges the carrier's obligation to deliver.
11-7-504. Rights acquired in the absence of due negotiation; effect of diversion; seller's stoppage of delivery. (1)(a) A transferee of a document of title, whether negotiable or nonnegotiable, to whom which the document has been delivered but not duly negotiated, acquires the title and rights which his that its transferor had or had actual authority to convey. (2)(b) In the case of a transfer of a nonnegotiable document of title, until but not after the bailee receives notification notice of the transfer, the rights of the transferee may be defeated:
(a)(1) By those creditors of the transferor who which could treat the sale transfer as void under Code Section 11-2-402 or 11-2A-308; or (b)(2) By a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of his the buyer's rights; or (c)(3) By a lessee from the transferor in ordinary course of business if the bailee has delivered the goods to the lessee or received notification of the lessee's rights; or (4) As against the bailee, by good faith good-faith dealings of the bailee with the transferor. (3)(c) A diversion or other change of shipping instructions by the consignor in a nonnegotiable bill of lading which causes the bailee not to deliver the goods to the

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consignee defeats the consignee's title to the goods if they the goods have been delivered to a buyer in ordinary course of business or a lessee in ordinary course of business and, in any event, defeats the consignee's rights against the bailee. (4)(d) Delivery of the goods pursuant to a nonnegotiable document of title may be stopped by a seller under Code Section 11-2-705 or a lessor under Code Section 11-2A526, and subject to the requirement requirements of due notification there provided in those Code sections. A bailee honoring that honors the seller's or lessor's instructions is entitled to be indemnified by the seller or lessor against any resulting loss or expense.
11-7-505. Indorser not a guarantor for other parties. The indorsement of a tangible document of title issued by a bailee does not make the indorser liable for any default by the bailee or by previous indorsers.
11-7-506. Delivery without indorsement; right to compel indorsement. The transferee of a negotiable tangible document of title has a specifically enforceable right to have his its transferor supply any necessary indorsement, but the transfer becomes a negotiation only as of the time the indorsement is supplied.
11-7-507. Warranties on negotiation or transfer of receipt or bill delivery of document of title. Where If a person negotiates or transfers delivers a document of title for value, otherwise than as a mere intermediary under Code Section 11-7-508, then unless otherwise agreed, he the transferor, in addition to any warranty made in selling or leasing the goods, warrants to his its immediate purchaser only in addition to any warranty made in selling the goods that:
(a)(1) The That the document is genuine; and (b)(2) The transferor does not have That he has no knowledge of any fact which that would impair its the document's validity or worth; and (c)(3) The That his negotiation or transfer delivery is rightful and fully effective with respect to the title to the document and the goods it represents.
11-7-508. Warranties of collecting bank as to documents of title. A collecting bank or other intermediary known to be entrusted with documents of title on behalf of another or with collection of a draft or other claim against delivery of documents warrants by such the delivery of the documents only its own good faith and authority. This rule applies even though if the collecting bank or other intermediary has purchased or made advances against the claim or draft to be collected.
11-7-509. Receipt or bill: when adequate Adequate compliance with commercial contract. The question whether Whether a document of title is adequate to fulfill the obligations of a contract for sale, a contract for lease, or the conditions of a letter of credit is

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governed determined by the articles on sales (Article 2, 2A, or 5 of this title) and on letters of credit (Article 5 of this title).
Part 6 Warehouse receipts and bills of lading: miscellaneous provisions
11-7-601. Lost, and missing stolen, or destroyed documents of title. (1)(a) If a document has been of title is lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute document and the bailee may without liability to any person comply with such the order. If the document was negotiable, a court may not order delivery of the goods or the issuance of a substitute document without the claimant must post claimant's posting security approved by the court to indemnify any unless it finds that any person who that may suffer loss as a result of nonsurrender of possession or control of the document is adequately protected against the loss. If the document was not negotiable nonnegotiable, such security the court may be required at the discretion of the court require security. The court may also in its discretion order payment of the bailee's reasonable costs and counsel attorney's fees in any action under this subsection. (2)(b) A bailee who that, without a court order, delivers goods to a person claiming under a missing negotiable document of title is liable to any person injured thereby, and if. If the delivery is not in good faith, the bailee is becomes liable for conversion. Delivery in good faith is not conversion if made in accordance with a filed classification or tariff or, where no classification or tariff is filed, if the claimant posts security with the bailee in an amount at least double the value of the goods at the time of posting to indemnify any person injured by the delivery who which files a notice of claim within one year after the delivery.
11-7-602. Attachment of Judicial process against goods covered by a negotiable document of title. Except where the Unless a document of title was originally issued upon delivery of the goods by a person who had no that did not have power to dispose of them, no a lien attaches does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstanding unless possession or control of the document be is first surrendered to the bailee or its the document's negotiation is enjoined., and the The bailee shall may not be compelled to deliver the goods pursuant to process until possession or control of the document is surrendered to him or impounded by the bailee or to the court. One who purchases A purchaser of the document for value without notice of the process or injunction takes free of the lien imposed by judicial process.
11-7-603. Conflicting claims; interpleader. If more than one person claims title to or possession of the goods, the bailee is excused from delivery until he the bailee has had a reasonable time to ascertain the validity of

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the adverse claims or to bring commence an action to compel all claimants to interplead and may compel such for interpleader,. The bailee may assert an interpleader either in defending an action for nondelivery of the goods, or by original action, whichever is appropriate."
PART II SECTION 2-1. Said title is further amended by revising paragraphs (5), (6), (10), (14), (15), (20), (25), (26), (27), (38), and (45) of Code Section 11-1-201, relating to general definitions, as follows: "(5) 'Bearer' means the a person in control of a negotiable electronic document of title or a person in possession of an instrument, a negotiable tangible document of title, or a certificated security payable to bearer or indorsed in blank. (6) 'Bill of lading' means a document of title evidencing the receipt of goods for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods, and includes an airbill. 'Airbill' means a document serving for air transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or air waybill. The term does not include a warehouse receipt." "(10) 'Conspicuous': A term or clause is conspicuous when it is,' with reference to a term, means so written, displayed, or presented that a reasonable person against whom which it is to operate ought to have noticed it. A printed heading in capitals (as: Nonnegotiable Bill of Lading) is conspicuous. Language in the body of a form is 'conspicuous' if it is in larger or other contrasting type or color. But in a telegram any stated term is 'conspicuous.' Whether a term or clause is 'conspicuous' or not is for a decision by for the court. Conspicuous terms include the following: (A) A heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) Language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language." "(14) 'Delivery' with respect to an electronic document of title means voluntary transfer of control and with respect to instruments, tangible documents of title, chattel paper, or certificated securities means voluntary transfer of possession. (15) 'Document of title' includes bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which means a record (a) that in the regular course of business or financing is treated as adequately evidencing that the person in possession or control of it the record is entitled to receive, control, hold, and dispose of the document record and the goods it the record covers and (b) that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock

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receipt, warehouse receipt, and order for delivery of goods. To be a document of title a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium." "(20) 'Holder,' with respect to a negotiable instrument, means:
(a) the The person in possession if the of a negotiable instrument that is payable either to bearer or, in the case of an instrument payable to an identified person, if the identified that is the person is in possession. Holder with respect to; (b) The person in possession of a negotiable tangible document of title means the person in possession if the goods are deliverable either to bearer or to the order of the person in possession; or (c) The person in control of a negotiable electronic document of title." "(25) A Subject to subsection (27) of this Code section, a person has 'notice' of a fact when if the person: (a) He has Has actual knowledge of it; or (b) He has Has received a notice or notification of it; or (c) From all the facts and circumstances known to him the person at the time in question, he has reason to know that it exists. A person 'knows' or has 'knowledge' of a fact when he the person has actual knowledge of it. 'Discover' or 'learn' or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this title. (26) A person 'notifies' or 'gives' a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not such other the other person actually comes to know of it. A Subject to subsection (27) of this Code section, a person 'receives' a notice or notification when: (a) It comes to his that person's attention; or (b) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at any other place another location held out by him that person as the place for receipt of such communications. (27) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the individual conducting that transaction, and in any event, from the time when it would have been brought to his the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless such communication is part of the individual's regular duties or the individual

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has reason to know of the transaction and that the transaction would be materially affected by the information." "(38) 'Send' in connection with any a writing, record, or notice means:
(a) to To deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and, in the case of an instrument, to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances.; or (b) The receipt of any writing In any other way to cause to be received any record or notice within the time at which it would have arrived if properly sent has the effect of a proper sending." "(45) 'Warehouse receipt' means a receipt document of title issued by a person engaged in the business of storing goods for hire."
SECTION 2-2. Said title is further amended by revising subsection (3) of Code Section 11-2-103, relating to definitions and index of definitions regarding sales, as follows:
"(3) The 'Control' as provided in Code Section 11-7-106 and the following definitions in other articles of this title apply to this article:
'Check.' Code Section 11-3-104. 'Consignee.' Code Section 11-7-102. 'Consignor.' Code Section 11-7-102. 'Consumer goods.' Code Section 11-9-102. 'Dishonor.' Code Section 11-3-502. 'Draft.' Code Section 11-3-104."
SECTION 2-3. Said title is further amended by revising subsection (2) of Code Section 11-2-104, relating to definition of financing agency, as follows:
"(2) 'Financing agency' means a bank, finance company, or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. 'Financing agency' includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (Code Section 11-2-707)."
SECTION 2-4. Said title is further amended by revising Code Section 11-2-310, relating to open time for payment or running of credit, as follows:

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"11-2-310. Open time for payment or running of credit; authority to ship under reservation. Unless otherwise agreed:
(a) Payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and (b) If the seller is authorized to send the goods he or she may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (Code Section 11-2-513); and (c) If delivery is authorized and made by way of documents of title otherwise than by subsection (b) of this Code section then payment is due regardless of where the goods are to be received (i) at the time and place at which the buyer is to receive delivery of the tangible documents regardless of where the goods are to be received or (ii) at the time the buyer is to receive delivery of the electronic documents and at the seller's place of business or if none, the seller's residence; and (d) Where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but postdating post-dating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period."
SECTION 2-5. Said title is further amended by revising Code Section 11-2-323, relating to form of bill of lading required in overseas shipment, as follows:
"11-2-323. Form of bill of lading required in overseas shipment; 'overseas.' (1) Where the contract contemplates overseas shipment and contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller unless otherwise agreed must shall obtain a negotiable bill of lading stating that the goods have been loaded on in board or, in the case of a term C.I.F. or C. & F., received for shipment. (2) Where in a case within subsection (1) of this Code section a tangible bill of lading has been issued in a set of parts, unless otherwise agreed if the documents are not to be sent from abroad the buyer may demand tender of the full set; otherwise only one part of the bill of lading need be tendered. Even if the agreement expressly requires a full set:
(a) Due tender of a single part is acceptable within the provisions of this article on cure of improper delivery (subsection (1) of Code Section 11-2-508); and (b) Even though the full set is demanded, if the documents are sent from abroad the person tendering an incomplete set may nevertheless require payment upon furnishing an indemnity which the buyer in good faith deems adequate. (3) A shipment by water or by air or a contract contemplating such shipment is 'overseas' insofar as by usage of trade or agreement it is subject to the commercial, financing, or shipping practices characteristic of international deep water commerce."
SECTION 2-6.

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Said title is further amended by revising Code Section 11-2-401, relating to passing of title and reservation of security, as follows:
"11-2-401. Passing of title; reservation for security; limited application of this Code section. Each provision of this article with regard to the rights, obligations, and remedies of the seller, the buyer, purchasers, or other third parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this article and matters concerning title become material the following rules apply: (1) Title to goods cannot pass under a contract for sale prior to their identification to the contract (Code Section 11-2-501), and unless otherwise explicitly agreed the buyer acquires by their identification a special property as limited by this title. Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of the article on secured transactions (Article 9 of this title), title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties. (2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his or her performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading:
(a) If the contract requires or authorizes the seller to send the goods to the buyer but does not require him or her to deliver them at destination, title passes to the buyer at the time and place of shipment; but (b) If the contract requires delivery at destination, title passes on tender there. (3) Unless otherwise explicitly agreed where delivery is to be made without moving the goods: (a) If the seller is to deliver a tangible document of title, title passes at the time when and the place where he or she delivers such documents and if the seller is to deliver an electronic document of title, title passes when the seller delivers the document; or (b) If the goods are at the time of contracting already identified and no documents of title are to be delivered, title passes at the time and place of contracting. (4) A rejection or other refusal by the buyer to receive or retain the goods, whether or not justified, or a justified revocation of acceptance revests title to the goods in the seller. Such revesting occurs by operation of law and is not a 'sale.'"
SECTION 2-7. Said title is further amended by revising subsections (4) and (5) of Code Section 11-2503, relating to manner of seller's tender of delivery, as follows:
"(4) Where goods are in the possession of a bailee and are to be delivered without being moved:

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(a) Tender requires that the seller either tender a negotiable document of title covering such goods or procure acknowledgment by the bailee of the buyer's right to possession of the goods; but (b) Tender to the buyer of a nonnegotiable document of title or of a written direction to record directing the bailee to deliver is sufficient tender unless the buyer seasonably objects, and except as otherwise provided in Article 9 of this title receipt by the bailee of notification of the buyer's rights fixes those rights as against the bailee and all third persons; but risk of loss of the goods and of any failure by the bailee to honor the nonnegotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender. (5) Where the contract requires the seller to deliver documents: (a) He must or she shall tender all such documents in correct form, except as provided in this article with respect to bills of lading in a set (subsection (2) of Code Section 11-2-323); and (b) Tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection."
SECTION 2-8. Said title is further amended by revising Code Section 11-2-505, relating to seller's shipment under reservation, as follows:
"11-2-505. Seller's shipment under reservation. (1) Where the seller has identified goods to the contract by or before shipment:
(a) His or her procurement of a negotiable bill of lading to his or her own order or otherwise reserves in him or her a security interest in the goods. His or her procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller's expectation of transferring that interest to the person named. (b) A nonnegotiable bill of lading to himself or herself or his or her nominee reserves possession of the goods as security but except in a case of conditional delivery (subsection (2) of Code Section 11-2-507) a nonnegotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading. (2) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within Code Section 11-2-504 but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller's powers as a holder of a negotiable document of title."
SECTION 2-9. Said title is further amended by revising subsection (2) of Code Section 11-2-506, relating to rights of financing agency, as follows:

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"(2) The right to reimbursement of a financing agency which has in good faith honored or purchased the draft under commitment to or authority from the buyer is not impaired by subsequent discovery of defects with reference to any relevant document which was apparently regular on its face."
SECTION 2-10. Said title is further amended by revising subsection (2) of Code Section 11-2-509, relating to risk of loss in the absence of breach, as follows:
"(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer:
(a) On his or her receipt of possession or control of a negotiable document of title covering the goods; or (b) On acknowledgment by the bailee of the buyer's right to possession of the goods; or (c) After his or her receipt of possession or control of a nonnegotiable document of title or other written direction to deliver in a record, as provided in subsection (4)(b) of Code Section 11-2-503."
SECTION 2-11. Said title is further amended by revising subsection (2) of Code Section 11-2-605, relating to waiver of buyer's objections by failure to particularize, as follows:
"(2) Payment against documents made without reservation of rights precludes recovery of the payment for defects apparent on the face of in the documents."
SECTION 2-12. Said title is further amended by revising subsections (2) and (3) of Code Section 11-2705, relating to seller's stoppage of delivery in transit or otherwise, as follows:
"(2) As against such buyer the seller may stop delivery until: (a) Receipt of the goods by the buyer; or (b) Acknowledgment to the buyer by any bailee of the goods except a carrier that the bailee holds the goods for the buyer; or (c) Such acknowledgment to the buyer by a carrier by reshipment or as warehouseman a warehouse; or (d) Negotiation to the buyer of any negotiable document of title covering the goods. (3)(a) To stop delivery the seller must shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods. (b) After such notification the bailee must shall hold and deliver the goods according to the directions of the seller but the seller is liable to the bailee for any ensuing charges or damages. (c) If a negotiable document of title has been issued for goods the bailee is not obliged to obey a notification to stop until surrender of possession or control of the document.

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(d) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor."
SECTION 2-13. Said title is further amended by revising paragraphs (a) and (o) of subsection (1) of Code Section 11-2A-103, relating to definitions and index of definitions relating to leases, as follows:
"(a) 'Buyer in ordinary course of business' means a person who, in good faith and without knowledge that the sale to him or her is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods, buys in ordinary course from a person in the business of selling goods of that kind, but does not include a pawnbroker. 'Buying' may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving acquiring goods or documents of title under a pre-existing contract for sale, but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt." "(o) 'Lessee in ordinary course of business' means a person who, in good faith and without knowledge that the lease to him or her is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods, leases in ordinary course from a person in the business of selling or leasing goods of that kind, but does not include a pawnbroker. 'Leasing' may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving acquiring goods or documents of title under a pre-existing lease contract, but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt."
SECTION 2-14. Said title is further amended by revising subsection (2) of Code Section 11-2A-514, relating to waiver of lessee's objections, as follows:
"(2) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent on the face of in the documents."
SECTION 2-15. Said title is further amended by revising subsection (2) of Code Section 11-2A-526, relating to lessor's stoppage of delivery in transit or otherwise, as follows:
"(2) In pursuing its remedies under subsection (1) of this Code section, the lessor may stop delivery until:
(a) Receipt of the goods by the lessee; (b) Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or (c) Such an acknowledgment to the lessee by a carrier via reshipment or as warehouseman a warehouse."

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SECTION 2-16. Said title is further amended by revising subsection (c) of Code Section 11-4-104, relating to definitions and index of definitions relating to bank deposits and collections, as follows:
"(c) The 'Control' as provided in Code Section 11-7-106 and the following definitions in other articles of this title apply to this article:
'Acceptance.' Code Section 11-3-409. 'Alteration.' Code Section 11-3-407. 'Cashier's check.' Code Section 11-3-104. 'Certificate of deposit.' Code Section 11-3-104. 'Certified check.' Code Section 11-3-409. 'Check.' Code Section 11-3-104. 'Good faith.' Code Section 11-3-103. 'Holder in due course.' Code Section 11-3-302. 'Instrument.' Code Section 11-3-104. 'Notice of dishonor.' Code Section 11-3-503. 'Order.' Code Section 11-3-103. 'Ordinary care.' Code Section 11-3-103. 'Person entitled to enforce.' Code Section 11-3-301. 'Presentment.' Code Section 11-3-501. 'Promise.' Code Section 11-3-103. 'Prove.' Code Section 11-3-103. 'Teller's check.' Code Section 11-3-104. 'Unauthorized signature.' Code Section 11-3-403."
SECTION 2-17. Said title is further amended by revising Code Section 11-4-210, relating to security interest of collecting bank in items, accompanying documents, and proceeds, as follows:
"11-4-210. Security interest of collecting bank in items, accompanying documents, and proceeds. (a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either:
(1) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied; (2) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given, whether or not the credit is drawn upon or there is a right of charge-back; or (3) If it makes an advance on or against the item. (b) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents, or the proceeds of either. For the purpose of this Code section, credits first given are first withdrawn.

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(c) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents, and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or possession or control of the accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to Article 9 of this title, but:
(1) No security agreement is necessary to make the security interest enforceable (subparagraph (b)(3)(A) of Code Section 11-9-203); (2) No filing is required to perfect the security interest; and (3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds."
SECTION 2-18. Said title is further amended by revising Code Section 11-8-103, relating to rules for determining whether certain obligations and interests are securities or financial assets, by adding a new subsection (g) to read as follows:
"(g) A document of title is not a financial asset unless subparagraph (a)(9)(iii) of Code Section 11-8-102 applies."
SECTION 2-19. Said title is further amended by revising subsection (b) of Code Section 11-9-102, relating to definitions and index of definitions relating to secured transactions, as follows:
"(b) Definitions in other articles. Other definitions applying to this article and the Code sections in which they appear are 'Control' as provided in Code Section 11-7-106 and the following definitions in other articles apply to this article:
'Applicant.' Code Section 11-5-102. 'Beneficiary.' Code Section 11-5-102. 'Broker.' Code Section 11-8-102. 'Certificated security.' Code Section 11-8-102. 'Check.' Code Section 11-3-104. 'Clearing corporation.' Code Section 11-8-102. 'Contract for sale.' Code Section 11-2-106. 'Customer.' Code Section 11-4-104. 'Entitlement holder.' Code Section 11-8-102. 'Financial asset.' Code Section 11-8-102. 'Holder in due course.' Code Section 11-3-302. 'Issuer' (with respect to a letter of credit or letter of credit right). Code Section 11-5102. 'Issuer' (with respect to a security). Code Section 11-8-201. 'Issuer' (with respect to documents of title). Code Section 11-7-102. 'Lease.' Code Section 11-2A-103. 'Lease agreement.' Code Section 11-2A-103. 'Lease contract.' Code Section 11-2A-103.

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'Leasehold interest.' Code Section 11-2A-103. 'Lessee.' Code Section 11-2A-103. 'Lessee in ordinary course of business.' Code Section 11-2A-103. 'Lessor.' Code Section 11-2A-103. 'Lessor's residual interest.' Code Section 11-2A-103. 'Letter of credit.' Code Section 11-5-102. 'Merchant.' Code Section 11-2-104. 'Negotiable instrument.' Code Section 11-3-104. 'Nominated person.' Code Section 11-5-102. 'Note.' Code Section 11-3-104. 'Proceeds of a letter of credit.' Code Section 11-5-114. 'Prove.' Code Section 11-3-103. 'Sale.' Code Section 11-2-106. 'Securities account.' Code Section 11-8-501. 'Securities intermediary.' Code Section 11-8-102. 'Security.' Code Section 11-8-102. 'Security certificate.' Code Section 11-8-102. 'Security entitlement.' Code Section 11-8-102. 'Uncertificated security.' Code Section 11-8-102."
SECTION 2-20. Said title is further amended by revising subsection (b) of Code Section 11-9-203, relating to attachment and enforceability of security interest, as follows:
"(b) Enforceability. Except as otherwise provided in subsections (c) through (i) of this Code section, a security interest is enforceable against the debtor and third parties with respect to the collateral only if:
(1) Value has been given; (2) The debtor has rights in the collateral or the power to transfer rights in the collateral to a secured party; and (3) One of the following conditions is met:
(A) The debtor has authenticated a security agreement that provides a description of the collateral and, if the security interest covers timber to be cut, a description of the land concerned; (B) The collateral is not a certificated security and is in the possession of the secured party under Code Section 11-9-313 pursuant to the debtor's security agreement; (C) The collateral is a certificated security in registered form and the security certificate has been delivered to the secured party under Code Section 11-8-301 pursuant to the debtor's security agreement; or (D) The collateral is deposit accounts, electronic chattel paper, investment property, or letter of credit rights, or electronic documents, and the secured party has control under Code Section 11-7-106, 11-9-104, 11-9-105, 11-9-106, or 11-9-107 pursuant to the debtor's security agreement."

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SECTION 2-21. Said title is further amended by revising subsection (c) of Code Section 11-9-207, relating to rights and duties of secured party having possession or control of collateral, as follows:
"(c) Duties and rights when secured party in possession or control. Except as otherwise provided in subsection (d) of this Code section, a secured party having possession of collateral or control of collateral under Code Section 11-7-106, 11-9-104, 11-9-105, 11-9-106, or 11-9-107:
(1) May hold as additional security any proceeds, except money or funds, received from the collateral; (2) Shall apply money or funds received from the collateral to reduce the secured obligation, unless remitted to the debtor; and (3) May create a security interest in the collateral.
SECTION 2-22. Said title is further amended by revising Code Section 11-9-208, relating to additional duties of secured party having control of collateral, as follows:
"11-9-208. Additional duties of secured party having control of collateral. (a) Applicability of Code section. This Code section applies to cases in which there is no outstanding secured obligation and the secured party is not committed to make advances, incur obligations, or otherwise give value. (b) Duties of secured party after receiving demand from debtor. Within ten days after receiving an authenticated demand by the debtor:
(1) A secured party having control of a deposit account under paragraph (2) of subsection (a) of Code Section 11-9-104 shall send to the bank with which the deposit account is maintained an authenticated statement that releases the bank from any further obligation to comply with instructions originated by the secured party; (2) A secured party having control of a deposit account under paragraph (3) of subsection (a) of Code Section 11-9-104 shall:
(A) Pay the debtor the balance on deposit in the deposit account; or (B) Transfer the balance on deposit into a deposit account in the debtor's name; (3) A secured party, other than a buyer, having control of electronic chattel paper under Code Section 11-9-105 shall: (A) Communicate the authoritative copy of the electronic chattel paper to the debtor or its designated custodian; (B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic chattel paper is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and

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(C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authoritative copy which add or change an identified assignee of the authoritative copy without the consent of the secured party; (4) A secured party having control of investment property under paragraph (2) of subsection (d) of Code Section 11-8-106 or subsection (b) of Code Section 11-9-106 shall send to the securities intermediary or commodity intermediary with which the security entitlement or commodity contract is maintained an authenticated record that releases the securities intermediary or commodity intermediary from any further obligation to comply with entitlement orders or directions originated by the secured party; and (5) A secured party having control of a letter of credit right under Code Section 11-9107 shall send to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to the secured party an authenticated release from any further obligation to pay or deliver proceeds of the letter of credit to the secured party; and (6) A secured party having control of an electronic document shall: (A) Give control of the electronic document to the debtor or its designated custodian; (B) If the debtor designates a custodian that is the designated custodian with which the authoritative copy of the electronic document is maintained for the secured party, communicate to the custodian an authenticated record releasing the designated custodian from any further obligation to comply with instructions originated by the secured party and instructing the custodian to comply with instructions originated by the debtor; and (C) Take appropriate action to enable the debtor or its designated custodian to make copies of or revisions to the authenticated copy which add or change an identified assignee of the authoritative copy without the consent of the secured party."
SECTION 2-23. Said title is further amended by revising Code Section 11-9-301, relating to law governing perfection and priority of security interests, as follows:
"11-9-301. Law governing perfection and priority of security interests. Except as otherwise provided in Code Sections 11-9-303 through 11-9-306, the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:
(1) Except as otherwise provided in this Code section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral; (2) While collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral;

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(3) Except as otherwise provided in paragraph (4) of this Code section, while tangible negotiable documents, goods, instruments, money, or tangible chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:
(A) Perfection of a security interest in the goods by filing a fixture filing; (B) Perfection of a security interest in timber to be cut; (C) Perfection of a security interest in crops; and (D) The effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral; and (4) The local law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral."
SECTION 2-24. Said title is further amended by revising subsection (b) of Code Section 11-9-310, relating to when filing required to perfect security interest or agricultural lien, as follows:
"(b) Exceptions; filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:
(1) That is perfected under subsection (d), (e), (f), or (g) of Code Section 11-9-308; (2) That is perfected under Code Section 11-9-309 when it attaches; (3) In property subject to a statute, regulation, or treaty described in subsection (a) of Code Section 11-9-311; (4) In goods in possession of a bailee which is perfected under paragraph (1) or (2) of subsection (d) of Code Section 11-9-312; (5) In certificated securities, documents, goods, or instruments which is perfected without filing, control, or possession under subsection (e), (f), or (g) of Code Section 11-9-312; (6) In collateral in the secured party's possession under Code Section 11-9-313; (7) In a certificated security which is perfected by delivery of the security certificate to the secured party under Code Section 11-9-313; (8) In deposit accounts, electronic chattel paper, electronic documents, investment property, or letter of credit rights which is perfected by control under Code Section 11-9-314; (9) In proceeds which is perfected under Code Section 11-9-315; or (10) That is perfected under Code Section 11-9-316."
SECTION 2-25. Said title is further amended by revising subsection (e) of Code Section 11-9-312, relating to perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter of credit rights, and money, as follows:
"(e) Temporary perfection; new value. A security interest in certificated securities, negotiable documents, or instruments is perfected without filing or the taking of

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possession or control for a period of 20 days from the time it attaches to the extent that it arises for new value given under an authenticated security agreement."
SECTION 2-26. Said title is further amended by revising subsection (a) of Code Section 11-9-313, relating to when possession by or delivery to secured party perfects security interest without filing, as follows:
"(a) Perfection by possession or delivery. Except as otherwise provided in subsection (b) of this Code section, a secured party may perfect a security interest in tangible negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under Code Section 11-8-301."
SECTION 2-27. Said title is further amended by revising Code Section 11-9-314, relating to perfection by control, as follows:
"11-9-314. Perfection by control. (a) Perfection by control. A security interest in investment property, deposit accounts, letter of credit rights, or electronic chattel paper, or electronic documents may be perfected by control of the collateral under Code Section 11-7-106, 11-9-104, 11-9-105, 11-9-106, or 11-9-107. (b) Specified collateral; time of perfection by control; continuation of perfection. A security interest in deposit accounts, electronic chattel paper, or letter of credit rights, or electronic documents is perfected by control under Code Section 11-7-106, 11-9-104, 11-9-105, or 11-9-107 when the secured party obtains control and remains perfected by control only while the secured party retains control. (c) Investment property; time of perfection by control; continuation of perfection. A security interest in investment property is perfected by control under Code Section 119-106 from the time the secured party obtains control and remains perfected by control until:
(1) The secured party does not have control; and (2) One of the following occurs:
(A) If the collateral is a certificated security, the debtor has or acquires possession of the security certificate; (B) If the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or (C) If the collateral is a security entitlement, the debtor is or becomes the entitlement holder."
SECTION 2-28. Said title is further amended by revising subsections (b) and (d) of Code Section 11-9317, relating to interests that take priority over or take free of security interest or agricultual lien, as follows:

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"(b) Buyers that receive delivery. Except as otherwise provided in subsection (e) of this Code section, a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a security certificate takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected." "(d) Licensees and buyers of certain collateral. A licensee of a general intangible or a buyer, other than a secured party, of accounts, electronic chattel paper, electronic documents, general intangibles, or investment property other than a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected."
SECTION 2-29. Said title is further amended by revising Code Section 11-9-338, relating to priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information, as follows:
"11-9-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information. If a security interest or agricultural lien is perfected by a filed financing statement providing information described in paragraph (5) of subsection (b) of Code Section 119-516 which is incorrect at the time the financing statement is filed:
(1) The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and (2) A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of tangible chattel paper, tangible documents, goods, instruments, or a security certificate, receives delivery of the collateral."
PART III SECTION 3-1. This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a document of title that is issued or a bailment that arises before the effective date of this Act even if the document of title or bailment would be subject to this Act if the document of title had been issued or bailment had arisen on or after the effective date of this Act. This Act does not apply to a right of action that has accrued before the effective date of this Act.
SECTION 3-2. A document of title issued or a bailment that arises before the effective date of this Act and the rights, documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such

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amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule.

SECTION 3-3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3-4. 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 168, nays 0.

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

HB 453. By Representatives Anderson of the 117th, Harbin of the 118th and Sims of the 119th:

A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black 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

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James
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
Levitas Y Lindsey

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston

Y Rynders Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard

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Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Long Loudermilk
Y Lucas Lunsford
Y Maddox, B Y Maddox, G Y Mangham

Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 162, nays 2.

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

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

HB 492. By Representatives Neal of the 1st, Scott of the 2nd, Hill of the 180th, Stephens of the 164th and Hudson of the 124th:
A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates or time-share uses; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Burns Y Butler

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen

Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish

Y Rynders Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor

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Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 165, nays 0.

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

HB 608. By Representatives Weldon of the 3rd, Willard of the 49th, Lane of the 167th, Jacobs of the 80th, Powell of the 171st and others:

A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to time-share projects and programs, so as to provide for definitions; to provide that a time-share estate shall include certain interests; to provide for certain actions when such interests are held in trust; to provide for certain fiduciary requirements to an owners' association; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James

N Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris

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

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Y Black 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, D
Collins, T Y Cooper Y Cox

Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 166, nays 2.

Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Bruce of the 64th stated that 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 662. By Representatives Chambers of the 81st and Martin of the 47th:

A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to create the Capitol Police Division; to provide for personnel and duties; to provide for funding; to provide for the off-duty use of official vehicles; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to define a certain term; to provide for duties of certain employees of the Department of Public Safety; to repeal certain security duties of janitors and watchmen in public buildings; to make certain provisions relative to denying entrance to the capitol and other public property; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

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To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to define a certain term; to provide that the authority shall reimburse the Department of Public Safety for the cost to the department of performing police and security duties in the Capitol Square area; 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 subsection (a) of Code Section 50-2-28, relating to Capitol Square designated, state control and jurisdiction over buildings and grounds, and Governor authorized to deed part of grounds to the City of Atlanta for traffic movement, as follows:
"(a) The following area is designated as 'Capitol Square': (1) The property owned by this state and the sidewalks and streets within the area in the City of Atlanta bounded by Washington Street, Trinity Avenue, Memorial Drive, Capitol Avenue, Central Place, and Martin Luther King, Jr. Drive is designated as the Capitol Square; and (2) The buildings and property owned and operated by the Georgia Building Authority which are located on or bounded by Central Avenue, Trinity Avenue, Memorial Drive, Capitol Avenue, Jessie Hill, Jr. Drive, Martin Luther King, Jr. Drive, Peachtree Street, and Marietta Street."

SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"50-9-18. The authority shall reimburse the Department of Public Safety for the cost to the department of performing police and security duties within Capitol Square, as such term is defined in Code Section 50-2-28."

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 Allison Y Amerson Y Anderson

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day

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

Y Manning Y Marin Y Martin Y Maxwell Y May

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler

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Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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.

Representative Bruce of the 64th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House, having previously been read, was again taken up for consideration:

HB 516. By Representatives Roberts of the 154th, England of the 108th, Burns of the 157th, Willard of the 49th, Sims of the 119th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized

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buildings shall be deemed to comply with local ordinances and resolutions without regard to whether the building was constructed on site or in a factory; to provide for the automatic approval for building or occupancy permits for residential industrialized buildings in residential subdivisions that meet all other criteria except for being an industrialized building or being built off site; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the Committee substitute, as amended, having been previously read and adopted, was withdrawn.
By unanimous consent, the Roberts amendment, having been previously been read and adopted, was withdrawn.
The following substitute, offered by Representative Roberts of the 154th, was read and adopted:
A BILL
To amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized buildings shall be considered to comply with state minimum standards codes and local ordinances and regulations applicable to such buildings; to provide for building permits for residential industrialized buildings in residential subdivisions; to provide for building permits for industrialized buildings; to recognize county and municipal authority over certain matters; to provide that the Safety Fire Commissioner shall promulgate standards for pre-owned manufactured homes to protect the safety, health, and welfare of the inhabitants of pre-owned manufactured homes; to provide for an inspection process and fees; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; 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 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by revising paragraph (3) of Code Section 8-2-111, relating to definitions related to factory built buildings and dwelling units designed to be affixed to foundations or existing buildings, as follows:
"(3) 'Industrialized building' means any structure or component thereof which is designed and constructed in compliance with the state minimum standard codes and is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing

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facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes the structure's plumbing, heating, air-conditioning, and electrical systems cannot be inspected at the installation site without disassembly, damage to, or destruction thereof."
SECTION 2. Said article is further amended in Code Section 8-2-111, relating to definitions related to factory built buildings and dwelling units designed to be affixed to foundations or existing buildings, by adding a new paragraph to read as follows:
"(6.1) 'Residential industrialized building' means any dwelling unit designed and constructed in compliance with the Georgia State Minimum Standard One and Two Family Dwelling Code which is wholly or in substantial part, made, fabricated, formed, or assembled in a manufacturing facility in such a manner that the dwelling unit's plumbing, heating, air-conditioning, and electrical systems cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Any such structure shall not contain a permanent metal chassis and shall be affixed to a permanent load-bearing foundation. The term shall not include manufactured homes as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq."
SECTION 3. Said article is further amended by revising Code Section 8-2-112, relating to inspection and approval of industrialized buildings by the commissioner or local government, as follows:
"8-2-112. (a)(1) An industrialized building manufactured after the effective date of the rules adopted pursuant to Code Section 8-2-113 which is sold, offered for sale, or installed within this state must bear the insignia of approval issued by the commissioner. (2) This Code section shall not apply to industrialized buildings which are inspected and approved by a local government which has jurisdiction at the site of installation and which are inspected at the place of and during the time of manufacture in accordance with standards established by the commissioner. The cost of the inspection shall be borne by the manufacturer. The commissioner shall be notified of the installation of all such buildings in a manner as the commissioner shall prescribe by rule. (b)(1) All industrialized buildings and residential industrialized buildings bearing an insignia of approval issued by the commissioner pursuant to this part shall be held considered to comply with the requirements of all state minimum standards codes and the local ordinances or and regulations enacted by any local government which are applicable to the manufacture or installation of such buildings. The determination by the commissioner of the scope of such approval is final. No ordinance or regulation enacted by a county or municipality shall exclude residential industrialized buildings from being sited in such county or municipality subject to local zoning and land use

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ordinances and regulations. A building permit to site a residential industrialized building in a residential subdivision shall not be denied solely because the building is a residential industrialized building. Local ordinances may require a separate building permit to site each industrialized building. (2) Areas of county and municipal authority including, but not limited to, local land use and zoning, building setback, side and rear yard requirements, utility connections, and subdivision regulation, as well as the regulation of architectural and esthetic requirements, are specifically and entirely reserved to the county, if in the unincorporated area, or the municipality where the industrialized building or residential industrialized building is sited. (2)(3) No industrialized building or component bearing an insignia of approval issued by the commissioner pursuant to this part shall be in any way modified prior to or during installation unless approval is first obtained from the commissioner. (3)(4) Industrialized buildings which have been inspected and approved by a local government agency shall not be modified prior to or during installation unless approval for the modification is first obtained from the local government agency. (c) The commissioner by rule shall establish a schedule of fees to pay the costs incurred for the work related to administration and enforcement of this Code section. (d) All rules and regulations promulgated by the commissioner under this part shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 4. Said article is further amended by adding a new part to read as follows:
"Part 3A
8-2-170. As used in this part, the term:
(1) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Install' means to construct a foundation system and placing or erecting a manufactured home on such foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured home and connecting multiple or expandable sections of such manufactured home. (3) 'Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban

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development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (4) 'Pre-owned manufactured home' is any manufactured home that has been previously used as a residential dwelling and has been titled in this state pursuant to Chapter 3 of Title 40.
8-2-171. (a) On and after September 1, 2009, no pre-owned manufactured home that is relocated from its existing location to a new location may be occupied unless such pre-owned manufactured home has been inspected in accordance with this part, and a certificate of compliance has been issued for such pre-owned manufactured home. (b) The Commissioner shall be authorized to promulgate rules and regulations setting forth standards for pre-owned manufactured homes. (c) Such standards shall include, but shall not be limited to:
(1) Standards regarding the condition of the exterior, roof, and interior of the preowned manufactured home so as to ensure that the exterior and roof are in sound condition with no obvious defects; that the interior walls, ceiling, and flooring are in sound condition with no obvious defects; that each bedroom or sleeping area is equipped with at least one operable escape window; that each bathroom and kitchen without a window is equipped with an operable ventilation device; and that each bedroom, sleeping area, and kitchen is equipped with an operable, battery-powered smoke detector installed in accordance with the manufacturer's recommendations; and (2) Standards regarding the condition of the utilities so as to ensure that the preowned manufactured home has a kitchen sink in working order in the kitchen; a lavatory and water closet in working order in each bathroom; at least one bathroom with a tub or shower facility in working order; a properly sized and configured accessible electrical panel with proper circuit breakers; properly and securely installed electrical fixtures, switches, and receptacles; a water heater in safe and working condition; and a safe and working central heating system without any unvented heaters. (d) The Commissioner shall establish by rule and regulation an inspection program for such pre-owned manufactured homes. The program shall provide for timely inspections in accordance with the standards promulgated by the Commissioner pursuant to this Code section and issuance of certificates of compliance or notices of deficiencies to be corrected before a certificate of compliance shall be issued. The Commissioner may provide for the inspections to be performed by county and municipal building inspectors, provided that such inspections are in compliance with the standards promulgated by the Commissioner pursuant to this Code section. (e) The person requesting the inspection of the pre-owned manufactured home shall pay a fee not to exceed $100.00 for such inspection, including any reinspections to determine if the items listed in the notice of deficiencies have been corrected.

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(f) Neither the Commissioner nor any inspector inspecting a pre-owned manufactured home pursuant to this Code section shall be liable for any injuries to persons resulting from any defects or conditions in such pre-owned manufactured home. (g) If a pre-owned manufactured home is sold on an 'as-is' basis, the sales agreement or contract shall specifically and prominently state on its face in at least 12 point type that the purchaser understands and agrees that the pre-owned manufactured home is not habitable in its present condition and must be brought into compliance with the standards promulgated by the Commissioner pursuant to this Code section and the owner shall be required to obtain a certificate of compliance with all standards prior to the pre-owned manufactured home being relocated and occupied for residential purposes. (h) No county or municipality shall impose any standards or conditions for pre-owned manufactured homes that conflict with, are inconsistent with, or are more stringent than the standards promulgated by the Commissioner pursuant to this Code section; provided, however, counties and municipalities may enforce all other applicable local zoning and land use regulations."

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, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Brooks
Bruce

Crawford Y Davis, H Y Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar Y Dooley N Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T

Y Manning Marin
N Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip
Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal

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 Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre

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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, D Y Collins, T
Cooper Y Cox

Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas N Thompson Y Walker Y Weldon 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 5.

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

Representatives Knox of the 24th 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 "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 334. By Representatives Knight of the 126th, Peake of the 137th, O`Neal of the 146th and Roberts of the 154th:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of revenue and taxation, so as to change certain provisions regarding forms of payment; to provide for penalties when taxpayers who are required to file electronically do not do so; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

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To amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of revenue and taxation, so as to change certain provisions regarding forms of payment; to provide for penalties when taxpayers who are required to file electronically do not do so; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of revenue and taxation, is amended in subsection (f) of Code Section 482-32, relating to forms of payment, by revising paragraph (2.1) to read as follows:
"(2.1)(A) The commissioner may require that any person or business owing more than $5,000.00 $1,000.00 in connection with any return, report, or other document pertaining to sales tax, use tax, withholding tax, or motor fuel distributor tax required to be filed with the department for tax periods beginning on or after July 1, 2006 January 1, 2010, and prior to January 1, 2011, shall pay any such sales tax, use tax, withholding tax, or motor fuel distributor tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment. (B) The commissioner may require that any person or business owing more than $500.00 in connection with any return, report, or other document pertaining to sales tax, use tax, withholding tax, or motor fuel distributor tax required to be filed with the department for tax periods beginning on or after January 1, 2011, shall pay any such sales tax, use tax, withholding tax, or motor fuel distributor tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"48-2-44.1. (a) When this title requires that any return pertaining to sales tax, use tax, withholding tax, or motor fuel distributor tax be electronically transmitted or filed, or provides that the commissioner may by rule or regulation require that any return pertaining to sales tax, use tax, withholding tax, or motor fuel distributor tax be electronically transmitted or filed, and a taxpayer fails to electronically transmit or file such return, the taxpayer shall be deemed to have failed to make the required filing; provided, however, that any such taxpayer whose electronic filing was first transmitted on or before the due date of

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the return, including any extensions, and was rejected shall be allowed to perfect the electronic filing under rules consistent with those applied by the Internal Revenue Service with respect to rejections of returns which are required to be electronically transmitted or filed. Such deemed failure to make the required filing shall also result in the forfeiture of the compensation of dealers for reporting and paying tax provided in Code Section 48-8-50 since such Code section provides such compensation only if such return is timely filed. The penalty imposed on the taxpayer for such failure shall be the greater of $25.00 for each such return or 5 percent of the tax due on each such return before application of any payments or credits. Such $25.00 penalty or 5 percent penalty amount shall be consistent with the penalty imposed on the failure to file a withholding tax return as provided in Code Section 48-7-126. (b) The commissioner may grant waivers of the requirements of this Code section in cases of undue hardship. (c) No penalties shall be assessed pursuant to this Code section upon a showing by the taxpayer or the tax return preparer that the failure was due to reasonable cause and not due to gross or willful neglect or disregard of the law or of regulations or instructions issued pursuant to the law."

SECTION 3. This Act shall become effective on January 1, 2010.

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre

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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, D Y Collins, T
Cooper Y Cox

Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Nix Oliver
Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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.

Representative Bruce of the 64th stated that 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 335. By Representatives Knight of the 126th, Peake of the 137th, Mosby of the 90th and O`Neal of the 146th:

A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; 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

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To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Improved Taxpayer Customer Service Act of 2009."
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (4) of subsection (a) of Code Section 48-2-8, relating to powers of the state revenue commissioner, as follows:
"(4) Subpoena the attendance of witnesses and require the production of books, papers, records, and documents and, subject to the rights of the taxpayer as to rights of privacy guaranteed to him the taxpayer by the Constitution and laws of this state, may examine such items and the books, records, inventories, or business of any taxpayer or of any fiduciary, bailee, or other person having knowledge of the tax liability of any taxpayer or knowledge pertinent to the investigation or inquiry. The subpoena may be served by the commissioner or the commissioner's authorized representative to such person at the person's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. If such person refuses to accept service of a subpoena by registered or certified mail or statutory overnight delivery, the subpoena shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service, and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the subpoena. This liability shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner."
SECTION 3. Said title is further amended by revising Code Section 48-2-35, relating to tax refunds, as follows:
"48-2-35.

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(a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest, except as provided in subsection (b) of this Code section, on the amount of the taxes or fees at the rate of 1 percent per month from the date of payment of the tax or fee to the commissioner. For the purposes of this Code section, any period of less than one month shall be considered to be one month. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount of the refund, and the reason for the refund. (b) No interest shall be paid if the taxes or fees were erroneously or illegally assessed and collected due to the taxpayer failing to claim any credits listed in Article 2 of Chapter 7 of this title on or before the due date for filing the applicable income tax return, including any extensions which have been granted.
(c)(1)(A) A claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after:
(i) The date of the payment of the tax or fee to the commissioner; or (ii) In the case of income taxes, the later of the date of the payment of the tax or fee to the commissioner or the due date for filing the applicable income tax return, including any extensions which have been granted. (B) Each claim shall be filed in writing in the form and containing such information as the commissioner may reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies and an identification of the transactions being contested. (C) Should any person be prevented from filing such an application a claim because of service of such person or such person's counsel in the armed forces during such period, the period of limitation shall date from the discharge of such person or such person's counsel from such service. (D) A claim for refund may not be submitted by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (2) In the event the taxpayer desires a conference or hearing before the commissioner or the commissioner's delegate in connection with any claim for refund, he or she shall specify such desire in writing in the claim and, if the claim conforms with the requirements of this Code section, the commissioner shall grant a conference at a time he or she shall reasonably specify. A taxpayer may contest any claim for refund that is denied in whole or in part by filing with the commissioner a written protest at any time within 30 days from the date of notice of refund denial or partial payment. Such 30 day period shall be extended for such additional period as may be agreed upon in writing between the taxpayer and the commissioner during the initial 30 day period or any extension thereof. In the event the taxpayer wishes to request a conference, that request shall be included in the written protest. All protests shall be prepared in the form and contain such information as the commissioner shall reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies, an

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identification of the transactions being contested, and the reasons for disputing the findings of the commissioner. The commissioner shall grant a conference before the commissioner's designated officer or agent at a time specified and shall make reasonable rules governing the conduct of conferences. The discretion given in this Code section to the commissioner shall be reasonably exercised on all occasions. (3) The commissioner or his or her the commissioner's delegate shall consider information contained in the taxpayer's claim for refund, together with such other information as may be available, and shall approve or disapprove deny the taxpayer's claim and notify the taxpayer of his or her the action. (4) Any taxpayer whose claim for refund is denied by the commissioner or his or her the commissioner's delegate or whose claim is not decided by the commissioner or his or her the commissioner's delegate within one year from the date of filing the claim shall have the right to bring an action for a refund in the superior court of the county of the residence of the taxpayer, except that:
(A) If the taxpayer is a public utility or a nonresident, the taxpayer shall have the right to bring an action for a refund in the superior court of the county in which is located the taxpayer's principal place of doing business in this state or in which the taxpayer's chief or highest corporate officer or employee resident in this state maintains his or her an office; or (B) If the taxpayer is a nonresident individual or foreign corporation having no place of doing business and no officer or employee resident and maintaining his or her an office in this state, the taxpayer shall have the right to bring an action for a refund in the Superior Court of Fulton County or in the superior court of the county in which the commissioner in office at the time the action is filed resides. (5) An action for a refund pursuant to paragraph (4) of this subsection may shall not be brought by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (6)(A) No action or proceeding for the recovery of a refund under this Code section shall be commenced before the expiration of one year from the date of filing the claim for refund unless the commissioner or his or her the commissioner's delegate renders a decision on the claim within that time, nor shall any action or proceeding be commenced after the later of:
(i) The expiration of two years from the date the claim is denied; or (ii) If a valid protest is filed under paragraph (2) of this subsection, 30 days after the date of the department's notice of decision on such protest. (B) The two-year period prescribed in this paragraph for filing an action for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the commissioner during the two-year prior to the expiration of such period or any extension thereof. (d) In the event any taxpayer's claim for refund is approved by the commissioner or his or her the commissioner's delegate and the taxpayer has not paid other state taxes which have become due, the commissioner or department may set off the unpaid taxes offset any existing liabilities against the refund. When Once the setoff offset authorized by

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this subsection is exercised occurs, the refund shall be deemed granted and the amount of the setoff offset shall be considered for all purposes as a payment toward the particular tax debt which is being set off liabilities at issue. Any excess refund remaining amount after the setoff has any offsets have been applied shall be refunded to the taxpayer at the same time the offset is taken. (e) This Code section shall not apply to taxes paid or stamps purchased for alcoholic beverages pursuant to Title 3. (f) For purposes of all claims for refund of sales and use taxes erroneously or illegally assessed and collected, the term 'taxpayer,' as defined under Code Section 48-2-35.1, shall apply."
SECTION 4. Said title is further amended by revising Code Section 48-2-35.1, relating to sales and use tax refunds, as follows:
"48-2-35.1. (a) Except as provided for in this subsection, for the purposes of all claims for refund of sales and use taxes erroneously or illegally assessed and collected, the term 'taxpayer' as used in Code Section 48-2-35 shall mean a dealer as defined in Code Section 48-8-2 that collected and remitted erroneous or illegal sales and use taxes to the commissioner. A person that has erroneously or illegally paid sales taxes to a dealer that collected and remitted such taxes to the commissioner may elect to seek a refund from such dealer. Alternatively, such person may file a claim for refund either initially with the commissioner or with the commissioner after being unable to obtain a refund from such dealer and shall also be considered a taxpayer for purposes of filing a claim for refund under Code Section 48-2-35, but only if such person:
(1) When filing a refund claim initially with the commissioner, provides the department with a notarized form prescribed by the commissioner and executed by the dealer affirming that the dealer:
(A) Has not claimed or will not claim a refund of the same tax included in the person's request for refund; (B) Will provide to the person any information or documentation in the dealer's possession needed for submission to the department to support or prove the claim for refund; (C) Has remitted to the state the taxes being sought for refund; and (D) Has not taken or will not take a credit for taxes being sought for refund; or (2)(A) When filing a refund claim with the commissioner after being unable to obtain a refund from such dealer, such person provides a letter or other information as may be requested by the commissioner that either:
(i) The dealer refused or was unable to refund the erroneously or illegally assessed and collected taxes; or (ii) The dealer did not act upon the person's written request for refund of the erroneously or illegally assessed and collected taxes within 90 days from the date of such request for refund.

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(B) Upon acceptance of such letter or information by the commissioner, the dealer shall be deemed to have assigned all rights to the refund to such person. (b) If a certificate or exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase tangible personal property or taxable services without the payment of sales and use tax has not been obtained and used prior to purchasing such tangible personal property or taxable services, a refund of sales and use taxes shall be made without interest."
SECTION 5. Said title is further amended by revising Code Section 48-2-55, relating to garnishments and levies, by revising paragraph (2) of subsection (b) as follows:
"(2) The commissioner or his the commissioner's authorized representative may use garnishment to collect any tax, fee, license, penalty, interest, or collection costs due the state which are imposed by this title or which the commissioner or the department is responsible for collecting under any other law. Garnishment may be issued by the commissioner or his the commissioner's authorized representative against any person whom he the commissioner believes to be indebted to the defendant or who has property, money, or effects in his such person's hands belonging to the defendant. The summons of garnishment shall be served by the commissioner or his the commissioner's authorized representative, shall be served at least 15 days before the sitting of the court to which the summons is made returnable, and shall be returned to either the superior court or the state court of the county in which the garnishee is served. The commissioner or his the commissioner's authorized representative shall enter on the execution the names of the persons garnished and shall return the execution to the appropriate court. All subsequent proceedings shall be the same as provided by law regarding garnishments in other cases when judgment has been obtained or execution issued. In addition to any other methods of service, the summons of garnishment may be served by the commissioner or the commissioner's authorized representative to the garnishee by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the garnishee or the envelope bearing the official notification from the United States Postal Service of the garnishee's refusal to accept delivery of such registered or certified mail or statutory overnight delivery shall be filed with the clerk of the court in which the garnishment is pending. If statutory overnight delivery was accomplished through a commercial firm as provided under paragraph (1) of subsection (b) of Code Section 9-10-12, the return receipt indicating receipt by the garnishee or the envelope bearing the official notification of such commercial firm of the garnishee's refusal to accept delivery shall be filed with the clerk of the court in which garnishment is pending. If a garnishee refuses to accept service of a summons of garnishment by registered or certified mail or statutory overnight delivery, the summons of garnishment shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service and the garnishee shall be personally liable to the commissioner for a sum equal to the actual costs

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incurred to serve the summons of garnishment. This liability shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner."

SECTION 6. Said title is further amended in Code Section 48-7-29.16, relating to qualified education tax credits, by revising subsection (g) as follows:
"(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. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. 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."

SECTION 7. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 6 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 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 Allison Y Amerson Y Anderson Y Ashe

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt

Y Manning Y Marin N Martin Y Maxwell Y May Y Mayo

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw

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Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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.

HB 444. By Representatives Knight of the 126th and O`Neal of the 146th:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for civil penalties and injunctive relief regarding certain tax return preparers; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

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To amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for civil penalties and injunctive relief regarding certain tax return preparers; to provide for definitions; to provide for procedures, conditions, and limitations; 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 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, is amended by adding a new Code section to read as follows: "48-2-62.
(a) As used in this Code section, the term: (1) 'Tax return preparer' means any person who prepares for compensation, or who employs one or more persons to prepare for compensation, any return of tax imposed under Chapter 7, 7A, or 8 of this title or any claim for refund of such tax. The preparation of a substantial portion of a return or claim for refund shall be treated as if it were the preparation of such return or claim for refund. A person shall not be considered a tax return preparer merely because the person does any of the following: (A) Furnishes typing, reproducing, or other mechanical assistance; (B) Prepares a return or claim for refund of the employer, or an officer or employee of the employer, by whom the person is regularly and continuously employed; (C) Prepares as a fiduciary a return or claim for refund for any person; or (D) Prepares a claim for refund for a taxpayer in response to a notice of proposed assessment issued to the taxpayer. (2) 'Understatement of liability' means an understatement of the net amount payable for a tax imposed under Chapter 7, 7A, or 8 of this title or an overstatement of the net amount creditable or refundable from such tax. For purposes of this paragraph, the amount determined as an underpayment of estimated income tax under the relevant provisions of this chapter is not considered an understatement of liability. (b)(1) Any tax return preparer who prepares any return or claim for refund for which any part of an understatement of liability is due because of a position described in paragraph (2) of this subsection shall pay a penalty not to exceed $500.00 for each such return or claim for refund. (2) A position is described in this subsection if: (A) The tax return preparer knew or reasonably should have known of the position; (B) There was not a reasonable basis for the position; and (C) The position was frivolous or not adequately disclosed in the return or claim for refund or in a statement attached to the return or claim for refund. (3) No penalty shall be imposed under this subsection if it is shown that there is reasonable cause for the understatement of liability and the tax return preparer acted in good faith.

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(c) Any tax return preparer who prepares any return or claim for refund for which any part of an understatement of liability is due because of conduct described in this subsection shall pay a penalty for each such return or claim for refund in an amount equal to the greater of $5,000.00 or 50 percent of the income derived, or to be derived, by the tax return preparer for the return or claim for refund. Conduct described in this subsection is conduct by the tax return preparer which is:
(1) A willful attempt in any manner to understate the liability for tax on the return or claim for refund; and (2) A reckless or intentional disregard of the law. (d) If at any time there is a final administrative determination or a final judicial decision that there was no understatement of liability in the case of the taxpayer's underlying return or claim for refund for which a penalty under subsection (b) or (c) of this Code section has been assessed against the tax return preparer, such assessment shall be canceled; and if any portion of such penalty has been paid, the amount so paid shall be refunded to the tax return preparer as an overpayment of tax without regard to any period of limitations which, but for this subsection, would apply to the making of such refund. (e) Other assessable penalties on the preparation for other persons of returns of tax imposed under Chapter 7, 7A, or 8 of this title shall be as follows: (1) Any tax return preparer who prepares any return or claim for refund and is required by regulations prescribed by the commissioner to sign such return or claim for refund but who fails to sign such return shall pay a penalty of $50.00 for such failure, unless it is shown that such failure is due to reasonable cause and not due to willful neglect or that the practice conformed to accepted industry standards. The maximum penalty imposed under this paragraph on any tax return preparer during any calendar year shall not exceed $25,000.00;
(2)(A) Any tax return preparer who prepares any return or claim for refund and fails to furnish the preparer's identifying number on such return or claim for refund shall pay a penalty of $50.00 for such failure, unless it is shown that such failure:
(i) Is due to reasonable cause and not due to willful neglect; or (ii) Failed to conform to accepted industry standards. (B) The maximum penalty imposed under this paragraph on any tax return preparer during any calendar year shall not exceed $25,000.00; and (3) Any tax return preparer who fraudulently endorses or otherwise negotiates directly or through an agent any check made for the taxes imposed under Chapter 7, 7A, or 8 of this title which is issued to a taxpayer other than the tax return preparer shall pay a penalty of $500.00 for each such check. This paragraph shall not apply to the deposit by a bank, within the meaning of Section 581 of the Internal Revenue Code of 1986, of the full amount of the check in the taxpayer's account in such bank for the benefit of the taxpayer. (f)(1) A civil action in the name of the State of Georgia may be commenced at the request of the commissioner to enjoin any tax return preparer, or employer having knowledge of an employee tax return preparer, who is doing business in this state and

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engaging in conduct described in this subsection from further engaging in preparing tax returns. This action may be brought by the department in the superior court of the county of the tax return preparer's residence or principal place of business or in which the taxpayer for whose tax return the action is brought resides. The court may exercise its jurisdiction over the action separate and apart from any other action brought by the State of Georgia against the tax return preparer or any taxpayer. (2) In an action under this subsection, the court may issue an injunction prohibiting a person from acting as a tax return preparer if the court finds that the individual has:
(A) Engaged in any pattern of conduct subject to civil penalty under subsection (b), (c), or (e) of this Code section; or (B) Guaranteed the payment of any tax refund or the allowance of any tax credit. (g) Any claim for refund of any penalty paid under this Code section shall be filed in accordance with rules and regulations promulgated by the commissioner. Any penalty under subsection (b) or (e) of this Code section shall be assessed within three years after the return or claim for refund was filed, and no proceeding in court without assessment for the collection of such tax shall begin after the expiration of such period. In the case of any penalty under subsection (c) of this Code section, the penalty may be assessed, or a proceeding in court for the collection of the penalty may be begun without assessment, at any time. Except as provided in subsection (d) of this Code section, any claim for refund of an overpayment of any penalty assessed under subsection (b), (c), or (e) of this Code section shall be filed within three years from the time the penalty was paid. (h) Except as otherwise provided by this Code section, proceedings to assess, collect, or seek a refund of any penalty imposed under this Code section shall be conducted in the same manner and subject to the same rights of appeal as assessments, collections, and claims for refund of the related taxes under Chapter 7, 7A, or 8 of this title, as the case may be."

SECTION 2. This Act shall become effective on 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 Allison

Y Crawford Y Davis, H Y Davis, S

Y Heckstall Y Hembree Y Henson

Y Manning Y Marin Y Martin

Y Rynders Y Scott, A Y Scott, M

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Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y 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, D Y Collins, T
Cooper Y Cox

Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin
Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hill, C Y Hill, C.A Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Mosby Y Murphy Y Neal Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 0.

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

Representatives Bruce of the 64th, Carter of the 159th, and Maxwell of the 17th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 410. 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 provide an exemption from insurance premium taxes for certain insurance products; to make certain technical corrections with regard to certain exemptions from insurance premium taxes for certain insurance products; to amend Chapter 7 of Title 48

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of the Official Code of Georgia Annotated, relating to income taxes, so as to make certain technical corrections regarding certain income tax deductions and income tax credits; 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 Titles 33 and 48 of the Official Code of Georgia Annotated, relating, respectively, to insurance and revenue and taxation, so as to change certain provisions relating to amount and method of computing tax on insurance premiums generally; to provide for an exemption from certain local insurance premium taxes on premiums for certain high deductible health plans; to change certain provisions relating to amount and method of computing certain local insurance premium taxes; to change certain provisions regarding the income tax exclusion for certain premiums for certain high deductible health plans; to change certain provisions regarding the income tax credit for qualified health insurance expenses; to provide for automatic repeal of certain provisions; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (c) of Code Section 33-8-4, relating to amount and method of computing tax on insurance premiums generally, 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 as defined by Section 223 of the Internal Revenue Code."
SECTION 2. Said title is further amended in Code Section 33-8-8.1, relating to county and municipal corporation taxes on life insurance companies, by adding a new subsection to read as follows:
"(a.1) 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 as defined by Section 223 of the Internal Revenue Code. This subsection shall stand repealed in its entirety on January 1, 2015."

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SECTION 3. Said title is further amended by revising subsection (a.1) of 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, 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 as defined by Section 223 of the Internal Revenue Code."
SECTION 4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (13.1) of subsection (a) of Code Section 48-7-27, relating to computation of taxable net income, 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 savings account under the applicable provisions of as defined by 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 revising paragraphs (1) and (3) of subsection (a) of Code Section 48-7-29.13, relating to tax credit for qualified health insurance expenses, as follows:
"(1) 'Qualified health insurance' means a high deductible health plan as defined by 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." "(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 as defined by Section 223 of the Internal Revenue Code and in which such employees are enrolled."
SECTION 6. (a) 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, 2009, except as provided in subsection (b) of this section.

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(b) Section 2 of this Act shall be applicable to all taxable years beginning on or after January 1, 2010.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard
Battles Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Brooks
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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor
Teilhet Y Thomas N Thompson Y Walker Y Weldon 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 158, nays 9.

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

Representative Bruce of the 64th stated that 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 Pruett of the 144th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 440. By Representatives Anderson of the 117th, May of the 111th, Rogers of the 26th, Roberts of the 154th and Baker of the 78th:

A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning public utility and public transportation matters, so as to provide that state government endorsed 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.

The report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson

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

Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 172, nays 0.

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

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

HB 355. By Representatives Williams of the 4th, Dickson of the 6th and Jerguson of the 22nd:

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 change certain provisions relating to the excise tax on certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide exemptions from certain taxes; to authorize the collection and payment on the first taxable transaction; to change certain provisions regarding civil and criminal penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague E Benfield

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L

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Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y James 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 Lindsey Y Long Y Loudermilk
Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 166, nays 2.

Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

HB 173. By Representatives Levitas of the 82nd, Coan of the 101st, Smith of the 131st, Parrish of the 156th, Bearden of the 68th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal or void contracts generally, so as to repeal Code Section 13-8-2.1, relating to contracts in partial restraint of trade; to provide a statement of legislative findings; to define certain terms; to provide for applicability; to provide for the enforcement of contracts that restrict or prohibit competition in certain commercial agreements; to provide for the judicial enforcement of such provisions; to provide for the modification of such provisions; to provide for rebuttable presumptions; to provide for related matters; to provide for a contingent effective date, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

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To amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal or void contracts generally, so as to repeal Code Section 13-8-2.1, relating to contracts in partial restraint of trade; to provide a statement of legislative findings; to define certain terms; to provide for applicability; to provide for the enforcement of contracts that restrict or prohibit competition in certain commercial agreements; to provide for the judicial enforcement of such provisions; to provide for the modification of such provisions; to provide for rebuttable presumptions; to provide for related matters; to provide for a contingent effective date, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, is amended by revising subsection (a) of Code Section 13-8-2, relating to contracts contravening public policy, as follows:
"(a) A contract which that is against the policy of the law cannot be enforced. Contracts deemed contrary to public policy include but are not limited to:
(1) Contracts tending to corrupt legislation or the judiciary; (2) Contracts in general restraint of trade, as distinguished from contracts in partial restraint of trade as provided for in Code Section 13-8-2.1 which restrict certain competitive activities, as provided in Article 4 of this chapter; (3) Contracts to evade or oppose the revenue laws of another country; (4) Wagering contracts; or (5) Contracts of maintenance or champerty."
SECTION 2. Said chapter is further amended by repealing Code Section 13-8-2.1, relating to contracts in partial restraint of trade, which reads as follows:
"13-8-2.1. (a) Contracts that restrain in a reasonable manner any party thereto from exercising any trade, business, or employment are contracts in partial restraint of trade and shall not be considered against the policy of the law, and such partial restraints, so long as otherwise lawful, shall be enforceable for all purposes. Without limiting the generality of the foregoing, contracts of the type described in subsections (b) through (d) of this Code section are considered to be reasonable.
(b)(1) As used in this subsection, the term: (A) 'Affiliate' means: (i) a person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with a specified person or entity; (ii) any entity of which a specified person is an officer, director, or partner or holds an equity interest or ownership position that accounts for 25 percent or more of the voting or profits interest of such entity; (iii) any trust or other estate in which the specified person or entity has a beneficial interest of 25

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percent or more or as to which such person or entity serves as trustee or in a similar fiduciary capacity; and (iv) the spouse, lineal ancestors, lineal descendants, and siblings of the specified person, as well as their spouses. (B) 'Business' means any line of trade or business involved in a sale. (C) 'Buyer' means any person or entity, including any successor-in-interest to such an entity, that acquires a business or a controlling interest in a business. (D) 'Controlling interest' means any equity interest or ownership participation held by a person or entity with respect to a business: (i) which accounts for 25 percent or more of the voting or profits interest of the business prior to the sale, alone or in combination with the interest or participation held by affiliates of such person or entity; or (ii) the sale of which results in the owner thereof receiving consideration worth at least $500,000.00, inclusive of any consideration received for the sale of business covenant. (E) 'Sale' means any sale or transfer of the good will or substantially all of the assets of a business or any sale or transfer of a controlling interest in a business, whether by sale, exchange, redemption, merger, or otherwise. (F) 'Sale of business covenant' means any agreement described in paragraph (2) of this subsection or any substantially equivalent agreement. (G) 'Seller' means any person or entity, including any successor-in-interest to such an entity, that is: (i) an owner of a controlling interest; (ii) an executive employee, officer, or manager of the business who receives, as a minimum, consideration in connection with either the sale or the sale of business covenant that is worth the equivalent of such person's most recent annual base salary or is in the form of a commitment of continued employment for a period of at least one year; or (iii) an affiliate of a person or entity described in division (i) of this subparagraph; provided, however, that each sale of business covenant shall be binding only on the person or entity entering into such covenant, its successors-in-interest, and, if so specified in the covenant, any entity that directly or indirectly through one or more intermediaries is controlled by or is under common control of such person or entity. (2) A seller may agree in writing for the benefit of a buyer to refrain from: (A) Carrying on or engaging in any activity competitive with the business; or (B) Soliciting or accepting business from the business's customers which were customers at or prior to the time of the sale, including actively sought prospective customers, for purposes of providing products or services competitive with those provided by the business within the geographic area or areas where the business conducts its operations at the time of the sale, including any area where the business's customers and actively sought prospective customers are present and including any area into which the business is reasonably expected to expand, provided that such activity, business, and area must be described in such writing. A sale of business covenant may, if reasonable to protect the interests of the buyer or the good will of the business, be worldwide. A sale of business covenant may extend for any period of time that is reasonable to protect the interests of the buyer or the good will of the business. Each sale of

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business covenant shall, however, be considered to terminate at the time the business is discontinued or either the seller, including all successors-in-interest, or the buyer, including all successors-in-interest, ceases to exist. (c)(1) As used in this subsection, the term:
(A) 'Business' means any line of trade or business conducted by an employer. (B) 'Employee' means: (i) an executive employee, officer, manager, or key employee; (ii) research and development personnel or other persons or entities, including independent contractors, in possession of confidential information that is important to the business; (iii) any other person or entity, including an independent contractor, in possession of selective or specialized skills, learning, or abilities or customer contacts or customer information; or (iv) any party to a partnership agreement, franchise, distributorship, or license agreement or sales agent, broker, representative, or supervisor. The term 'employee' shall not include, however, any employee who lacks selective or specialized skills, learning, customer contacts, or abilities. (C) 'Employer' means any corporation, partnership, proprietorship, or other organization, including any successor-in-interest to such an entity, that conducts a business or any person or entity that directly or indirectly owns an equity interest or ownership participation in such an entity that accounts for 50 percent or more of the voting or profits interest of such entity. (D) 'Material contact' exists between an employee and each customer or potential customer: (i) with whom the employee dealt; (ii) whose dealings with the employer were coordinated or supervised by the employee; (iii) about whom the employee obtained confidential information in the ordinary course of business as a result of such employee's association with the employer; or (iv) who receives products or services authorized by the employer, the sale or provision of which results or resulted in compensation, commissions, or earnings for the employee within two years prior to the date of the employee's termination. (E) 'Post-employment covenant' includes any agreement described in paragraphs (2) through (4) of this subsection or any substantially equivalent agreement. (F) 'Products or services' means anything of commercial value, including without limitation goods; personal, real, or intangible property; services; financial products or services; business opportunities or assistance; or any other object or aspect of business or the conduct thereof. (G) 'Termination' means the termination of an employee's engagement with an employer, whether with or without cause and upon the initiative of either party, provided that any possible inequity that results from the discharge of an employee without cause or in violation of a contractual or other legal obligation of the employer may be considered as a factor affecting the choice of an appropriate remedy or, if the restraint as a whole is rendered unreasonable, the unenforceability thereof. For purposes of this definition, 'the discharge of an employee without cause' does not include (i) a termination of a partnership agreement, franchise, distributorship, or license agreement or a sales agent, broker, representative, or

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supervisor agreement in accordance with the terms of the agreement or upon the completion or expiration of the agreement, (ii) any termination under retirement programs of the employer, (iii) any termination that follows the employee's refusal to accept an offer of continued employment on terms and conditions at least as favorable to the employee as those previously in effect, or (iv) any termination under circumstances where the employee remains or becomes entitled to receive earnings, commissions, or benefits that serve as compensation, at least in part, for the employee's compliance with the post-termination covenants. (2) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from conducting activity that is competitive with the activities the employee conducted for the employer within the geographic area or areas where the employee conducted such activities at or within a reasonable period of time prior to termination, provided that such activity and area must be described in such writing. The geographic area in which an employee works may include any area where any operations performed, supervised, or assisted in by the employee were conducted and any area where customers or actively sought prospective customers of the business with whom the employee had material contact are present. (3) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from soliciting or accepting, or attempting to solicit or accept, directly or by assisting others, any business from any of such business's customers, including actively sought prospective customers, with whom the employee had material contact during his employment for purposes of providing products or services that are competitive with those provided by the employer's business. No express reference to geographic area or the types of products or services considered to be competitive shall be required in order for the restraint to be enforceable. Any reference to a prohibition against 'soliciting or accepting business from customers,' or similar language, shall be adequate for such purpose and narrowly construed to apply only to: (A) such of the business's customers, including actively sought prospective customers, with whom the employee had material contact; and (B) products and services that are competitive with those provided by the employer's business. (4) An employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from recruiting or hiring, or attempting to recruit or hire, directly or by assisting others, any other employee of the employer or its affiliates. No express reference to geographic area shall be required. Any reference to a prohibition against recruiting or hiring, or attempting to recruit or hire, other employees shall be narrowly construed to apply only to other employees who are still actively employed by or doing business with the employer or its affiliates at the time of the attempted recruiting or hiring. (5) To the extent so stated in the post-employment covenant, a post-employment covenant may provide that any violation of the restraint shall automatically toll and suspend the period of the restraint for the amount of time that the violation continues,

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provided that the employer seeks enforcement promptly after discovery of the violation. (6) A duration of two years or less in the case of a restraint of the type described in paragraph (2) of this subsection, and three years or less in the case of a restraint of the type described in paragraphs (3) and (4) of this subsection shall be presumed to be reasonable as the period of time stated for any post-employment covenant. (d) Any restriction that operates during the term of an employment agreement, agency agreement, independent contractor agreement, partnership agreement, franchise, distributorship agreement, license, shareholders' agreement, or other ongoing business agreement shall not be considered unreasonable because it lacks any specific limitation upon scope of activity, duration, or territory, so long as it promotes or protects the purpose or subject matter of the agreement or deters any potential conflict of interest. (e)(1) Activities, products, or services that are competitive with the activities, products, or services of an employer may include activities, products, or services that are the same as or similar to the activities, products, or services of the employer. Whenever a description of activities, products and services, or areas is required by this Code section, any description that provides fair notice of the maximum reasonable scope of the restraint shall satisfy such requirement, even if the description is generalized or could possibly be stated more narrowly to exclude extraneous matters. (2) In the case of a post-employment covenant entered into prior to termination, any good faith estimate of the activities, products and services, or areas that may be applicable at the time of termination shall also satisfy such requirement, even if such estimate is capable of including or ultimately proves to include extraneous activities, products and services, or areas. The post-employment covenant shall be construed ultimately to cover only so much of such estimate as relates to the activities actually conducted, the products and services actually offered, or the areas actually involved within a stated period of time prior to termination. Activities, products, or services shall be considered sufficiently described if a reference to the activities, products, or services is provided and qualified by the phrase 'of the type conducted, authorized, offered, or provided within one year prior to termination,' or similar language. Further, the phrase 'the areas where the (employee) is working at the time of (termination)' shall be considered sufficient as a description of areas if the person or entity bound by the restraint can reasonably determine the maximum reasonable scope of the restraint at the time of termination. (f)(1) Whenever a person or entity desires to verify the terms of any partial restraint in effect at any time, or to obtain a clarification of a restraint believed to be unclear, such person or entity may, at its option, demand such verification or clarification by delivering to the persons or entities that benefit from such restraint a written statement that contains: (A) if verification is sought, a request for a copy of each partial restraint in effect between the parties; or (B) if clarification is sought, a description of the clarification requested; and (C) in all cases, the following statement: 'THIS DEMAND IS MADE PURSUANT TO CODE SECTION 13-8-2.1(f)(2) OF THE OFFICIAL

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CODE OF GEORGIA ANNOTATED AND REQUIRES A RESPONSE WITHIN 30 DAYS.' (2) Within 30 days after such other persons or entities or their authorized representatives have received such demand in person, they shall respond by sending the person or entity bound by the restraint the requested information or, if clarification is considered to be unnecessary because the restraint is believed to be clear, a statement to that effect. In no event shall such a response be required to include confidential information or business strategies as part of any clarification. (3) In the interest of reducing or eliminating any unclear or overbroad aspect of the restraint, the persons or entities that benefit from any existing restraint may provide the persons or entities bound by such restraint with a clarification or reformulation of the restraint, whether or not the clarification or reformulation was requested, so long as it is no broader than the terms of the original restraint. Any clarification or reformulation on lesser terms so provided by the persons or entities that benefit from the restraint shall supersede any conflicting terms of the restraint and be binding regardless of whether additional consideration is provided. The person or entity bound by the restraint may rely absolutely on such clarification or reformulation in complying with the terms of such restraint. (4) Any failure or delay of the persons or entities that benefit from such restraint to respond to such a demand shall be considered as one factor by a court in determining how much of an unclear or overbroad restraint may be enforced as lawfully serving the business purposes and interests contemplated by the parties in their agreement. In addition, if the procedure provided for in this subsection is followed for the benefit of anyone who wishes to employ or do business with a person or entity, any subsequent enforcement of any restraint that was unknown, unclear, or overbroad but that is not properly identified, clarified, or reformulated by the persons or entities that benefit from the restraint following their receipt of such a demand shall be limited so as to avoid prejudice to the employment or business to which the unknown, unclear, or overbroad aspects of the restraint relate. (g)(1) Every court of competent jurisdiction shall enforce through any appropriate remedy every contract in partial restraint of trade that is not against the policy of the law or otherwise unlawful. In the absence of extreme hardship on the part of the person or entity bound by such restraint, injunctive relief shall be presumed to be an appropriate remedy for the enforcement of the contracts described in subsections (b) through (d) of this Code section. If any portion of such restraint is against the policy of the law in any respect but such restraint, considered as a whole, is not so clearly unreasonable and overreaching in its terms as to be unconscionable, the court shall enforce so much of such restraint as it determines by a preponderance of the evidence to be necessary to protect the interests of the parties that benefit from such restraint. Such a restraint shall be subject to partial enforcement, whether or not it contains a severability or similar clause and regardless of whether the unlawful aspects of such restraint are facially severable from those found lawful.

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(2) The enforceability of any partial restraint of trade shall be determined and shall be enforced independently of the enforceability of any other covenant or part thereof contained in the same contract or arrangement. (3) Contractual terms that provide for a loss or forfeiture of rights or benefits conditioned upon any specified act or event shall not be considered a restraint of trade. The fact that any such loss or forfeiture provision is contained in the same agreement or contract with an otherwise valid partial restraint of trade shall not impair the validity or enforceability of either such loss or forfeiture provision or such restraint, and the enforcement of either term shall not serve as grounds for delaying or withholding enforcement of the other term, including enforcement by injunctive relief. If a loss or forfeiture provision is contained in an agreement or contract that also contains other terms that are determined to be, in some respects, an unreasonable and unenforceable restraint of trade, such loss or forfeiture provision shall nonetheless be enforceable to the extent it may lawfully serve the purposes and interests of the parties that benefit from such provision. Such a loss or forfeiture provision shall be subject to enforcement, whether or not it contains a severability or similar clause, and regardless of whether the unlawful aspects of such restraint are facially severable from those found to be unlawful."
SECTION 3. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 4
13-8-50. The General Assembly finds that reasonable restrictive covenants contained in employment and commercial contracts serve the legitimate purpose of protecting legitimate business interests and creating an environment that is favorable to attracting commercial enterprises to Georgia and keeping existing businesses within the state. Further, the General Assembly desires to provide statutory guidance so that all parties to such agreements may be certain of the validity and enforceability of such provisions and may know their rights and duties according to such provisions.
13-8-51. As used in this article, the term:
(1) 'Affiliate' means: (A) A person or entity that directly, or indirectly through one or more intermediaries, controls or is controlled by or is under common control with another person or entity; (B) Any entity of which a person is an officer, director, or partner or holds an equity interest or ownership position that accounts for 25 percent or more of the voting rights or profit interest of such entity;

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(C) Any trust or other estate in which the person or entity has a beneficial interest of 25 percent or more or as to which such person or entity serves as trustee or in a similar fiduciary capacity; or (D) The spouse, lineal ancestors, lineal descendants, and siblings of the person, as well as each of their spouses. (2) 'Business' means any line of trade or business conducted by the seller or employer, as such terms are defined in this Code section. (3) 'Confidential information' means data and information: (A) Relating to the business of the employer, regardless of whether the data or information constitutes a trade secret as that term is defined in Article 1 of Chapter 10 of Title 10; (B) Disclosed to the employee or of which the employee became aware of as a consequence of the employee's relationship with the employer; (C) Having value to the employer; (D) Not generally known to competitors of the employer; and (E) Which includes trade secrets, methods of operation, names of customers, price lists, financial information and projections, route books, personnel data, and similar information; provided, however, that such term shall not mean data or information (A) which has been voluntarily disclosed to the public by the employer, except where such public disclosure has been made by the employee without authorization from the employer; (B) which has been independently developed and disclosed by others; or (C) which has otherwise entered the public domain through lawful means. (4) 'Controlling interest' means any equity interest or ownership participation held by a person or entity with respect to a business that accounts for 25 percent or more of the voting rights or profit interest of the business prior to the sale, alone or in combination with the interest or participation held by affiliates of such person or entity. (5) 'Employee' means: (A) An executive employee; (B) Research and development personnel or other persons or entities of an employer, including, without limitation, independent contractors, in possession of confidential information that is important to the business of the employer; (C) Any other person or entity, including an independent contractor, in possession of selective or specialized skills, learning, or abilities or customer contacts, customer information, or confidential information who or that has obtained such skills, learning, abilities, contacts, or information by reason of having worked for an employer; or (D) A franchisee, distributor, lessee, licensee, or party to a partnership agreement or a sales agent, broker, or representative in connection with franchise, distributorship, lease, license, or partnership agreements.

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Such term shall not include any employee who lacks selective or specialized skills, learning, or abilities or customer contacts, customer information, or confidential information. (6) 'Employer' means any corporation, partnership, proprietorship, or other business organization, whether for profit or not for profit, including, without limitation, any successor in interest to such an entity, who or that conducts business or any person or entity who or that directly or indirectly owns an equity interest or ownership participation in such an entity accounting for 25 percent or more of the voting rights or profit interest of such entity. Such term also means the buyer or seller of a business organization. (7) 'Executive employee' means a member of the board of directors, an officer, a key employee, a manager, or a supervisor of an employer. (8) 'Key employee' means an employee who, by reason of the employer's investment of time, training, money, trust, exposure to the public, or exposure to customers, vendors, or other business relationships during the course of the employee's employment with the employer, has gained a high level of notoriety, fame, reputation, or public persona as the employer's representative or spokesperson or has gained a high level of influence or credibility with the employer's customers, vendors, or other business relationships or is intimately involved in the planning for or direction of the business of the employer or a defined unit of the business of the employer. Such term also means an employee in possession of selective or specialized skills, learning, or abilities or customer contacts or customer information who has obtained such skills, learning, abilities, contacts, or information by reason of having worked for the employer. (9) 'Legitimate business interest' includes, but is not limited to:
(A) Trade secrets, as defined by Code Section 10-1-761, et seq.; (B) Valuable confidential information that otherwise does not qualify as a trade secret; (C) Substantial relationships with specific prospective or existing customers, patients, vendors, or clients; (D) Customer, patient, or client good will associated with:
(i) An ongoing business, commercial, or professional practice, including, but not limited to, by way of trade name, trademark, service mark, or trade dress; (ii) A specific geographic location; or (iii) A specific marketing or trade area; and (E) Extraordinary or specialized training. (10) 'Material contact' means the contact between an employee and each customer or potential customer: (A) With whom or which the employee dealt on behalf of the employer; (B) Whose dealings with the employer were coordinated or supervised by the employee; (C) About whom the employee obtained confidential information in the ordinary course of business as a result of such employee's association with the employer; or

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(D) Who receives products or services authorized by the employer, the sale or provision of which results or resulted in compensation, commissions, or earnings for the employee within two years prior to the date of the employee's termination. (11) 'Modification' means the limitation of a restrictive covenant to render it reasonable in light of the circumstances in which it was made. Such term shall include: (A) Severing or removing that part of a restrictive covenant that would otherwise make the entire restrictive covenant unenforceable; and (B) Enforcing the provisions of a restrictive covenant to the extent that the provisions are reasonable. (12) 'Modify' means to make, to cause, or otherwise to bring about a modification. (13) 'Products or services' means anything of commercial value, including, without limitation, goods; personal, real, or intangible property; services; financial products; business opportunities or assistance; or any other object or aspect of business or the conduct thereof. (14) 'Professional' means an employee who has as a primary duty the performance of work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction or requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor. Such term shall not include employees performing technician work using knowledge acquired through on-the-job and classroom training, rather than by acquiring the knowledge through prolonged academic study, such as might be performed, without limitation, by a mechanic, a manual laborer, or a ministerial employee. (15) 'Restrictive covenant' means an agreement between two or more parties that exists to protect the first party's or parties' interest in property, confidential information, customer good will, business relationships, employees, or any other economic advantages that the second party has obtained for the benefit of the first party or parties, to which the second party has gained access in the course of his or her relationship with the first party or parties, or which the first party or parties has acquired from the second party or parties as the result of a sale. Such restrictive covenants may exist within or ancillary to contracts between or among employers and employees, distributors and manufacturers, lessors and lessees, partnerships and partners, employers and independent contractors, franchisors and franchisees, and sellers and purchasers of a business or commercial enterprise and any two or more employers. A restrictive covenant shall not include covenants appurtenant to real property. (16) 'Sale' means any sale or transfer of the good will or substantially all of the assets of a business or any sale or transfer of a controlling interest in a business, whether by sale, exchange, redemption, merger, or otherwise. (17) 'Seller' means any person or entity, including any successor-in-interest to such an entity, that is: (A) An owner of a controlling interest;

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(B) An executive employee of the business who receives, at a minimum, consideration in connection with a sale; or (C) An affiliate of a person or entity described in subparagraph (A) of this paragraph; provided, however, that each sale involving a restrictive covenant shall be binding only on the person or entity entering into such covenant, its successorsin-interest, and, if so specified in the covenant, any entity that directly or indirectly through one or more affiliates is controlled by or is under common control of such person or entity. (18) 'Termination' means the termination of an employee's engagement with an employer, whether with or without cause, upon the initiative of either party. (19) 'Trade dress' means the distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace.
13-8-52. (a) The provisions of this article shall be applicable only to contracts and agreements between or among:
(1) Employers and employees, as such terms are defined in Code Section 13-8-51; (2) Distributors and manufacturers; (3) Lessors and lessees; (4) Partnerships and partners; (5) Franchisors and franchisees; (6) Sellers and purchasers of a business or commercial enterprise; and (7) Two or more employers. (b) The provisions of this article shall not apply to any contract or agreement not described in subsection (a) of this Code section.
13-8-53. (a) Notwithstanding any other provision of this chapter, enforcement of contracts that restrict competition during the term of a restrictive covenant, so long as such restrictions are reasonable in time, geographic area, and scope of prohibited activities, shall be permitted. However, enforcement of contracts that restrict competition after the term of employment, as distinguished from a customer nonsolicitation provision, as described in subsection (b) of Code Section 13-8-53, or a nondisclosure of confidential information provision, as described in subsection (e) of Code Section 13-8-53, shall not be permitted against any employee who does not, in the course of his or her employment:
(1) Customarily and regularly solicit for the employer customers or prospective customers; (2) Customarily and regularly engage in making sales or obtaining orders or contracts for products or services to be performed by others; (3) Perform the following duties:
(A) Have a primary duty of managing the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof;

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(B) Customarily and regularly direct the work of two or more other employees; and (C) Have the authority to hire or fire other employees or have particular weight given to suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees; or (4) Perform the duties of a key employee or of a professional. (b) Notwithstanding any other provision of this chapter, an employee may agree in writing for the benefit of an employer to refrain, for a stated period of time following termination, from soliciting, or attempting to solicit, directly or by assisting others, any business from any of such employer's customers, including actively seeking prospective customers, with whom the employee had material contact during his or her employment for purposes of providing products or services that are competitive with those provided by the employer's business. No express reference to geographic area or the types of products or services considered to be competitive shall be required in order for the restraint to be enforceable. Any reference to a prohibition against 'soliciting or attempting to solicit business from customers' or similar language shall be adequate for such purpose and narrowly construed to apply only to: (1) such of the employer's customers, including actively sought prospective customers, with whom the employee had material contact; and (2) products and services that are competitive with those provided by the employer's business. (c)(1) Activities, products, or services that are competitive with the activities, products, or services of an employer shall include activities, products, or services that are the same as or similar to the activities, products, or services of the employer. Whenever a description of activities, products, and services, or geographic areas, is required by this Code section, any description that provides fair notice of the maximum reasonable scope of the restraint shall satisfy such requirement, even if the description is generalized or could possibly be stated more narrowly to exclude extraneous matters. In case of a postemployment covenant entered into prior to termination, any good faith estimate of the activities, products, and services, or geographic areas, that may be applicable at the time of termination shall also satisfy such requirement, even if such estimate is capable of including or ultimately proves to include extraneous activities, products, and services, or geographic areas. The postemployment covenant shall be construed ultimately to cover only so much of such estimate as relates to the activities actually conducted, the products and services actually offered, or the geographic areas actually involved within a reasonable period of time prior to termination. (2) Activities, products, or services shall be considered sufficiently described if a reference to the activities, products, or services is provided and qualified by the phrase 'of the type conducted, authorized, offered, or provided within two years prior to termination' or similar language containing the same or a lesser time period. The phrase 'the territory where the employee is working at the time of termination' or similar language shall be considered sufficient as a description of geographic areas if the person or entity bound by the restraint can reasonably determine the maximum reasonable scope of the restraint at the time of termination.

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(d) Any restrictive covenant not in compliance with the provisions of this article is unlawful and is void and unenforceable; provided, however, that a court may modify a covenant that is otherwise void and unenforceable as long as the modification does not render the covenant more restrictive with regard to the employee than as originally drafted by the parties. (e) Nothing in this article shall be construed to limit the period of time for which a party may agree to maintain information as confidential or as a trade secret, or to limit the geographic area within which such information must be kept confidential or as a trade secret, for so long as the information or material remains confidential or a trade secret, as applicable.
13-8-54. (a) A court shall construe a restrictive covenant to comport with the reasonable intent and expectations of the parties to the covenant and in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement. (b) In any action concerning enforcement of a restrictive covenant, a court shall not enforce a restrictive covenant unless it is in compliance with the provisions of Code Section 13-8-53; provided, however, that if a court finds that a contractually specified restraint does not comply with the provisions of Code Section 13-8-53, then the court may modify the restraint provision and grant only the relief reasonably necessary to protect such interest or interests and to achieve the original intent of the contracting parties to the extent possible.
13-8-55. The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. If a person seeking enforcement of the restrictive covenant establishes by prima-facie evidence that the restraint is in compliance with the provisions of Code Section 13-853, then any person opposing enforcement has the burden of establishing that the contractually specified restraint does not comply with such requirements or that such covenant is unreasonable.
13-8-56. In determining the reasonableness of a restrictive covenant that limits or restricts competition during the course of an employment or business relationship, the court shall make the following presumptions:
(1) A time period equal to or measured by duration of the parties' business or commercial relationship is reasonable; (2) A geographic territory which includes the areas in which the employer does business at any time during the parties' commercial relationship, even if not known at the time of entry into the restrictive covenant, is reasonable provided that:

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(A) The total distance encompassed by the provisions of the covenant also is reasonable; (B) The agreement contains a list of particular competitors as prohibited employers for a limited period of time after the term of employment or a commercial or business relationship; or (C) Both subparagraphs (A) and (B) of this paragraph; (3) The scope of competition restricted is measured by the business of the employer or other person or entity in whose favor the restrictive covenant is given; provided, however, that a court shall not refuse to enforce the provisions of a restrictive covenant because the person seeking enforcement establishes evidence that a restrictive covenant has been violated but has not proven that the covenant has been violated as to the entire scope of the prohibited activities of the person seeking enforcement or as to the entire geographic area of the covenant; and (4) Any restriction that operates during the term of an employment relationship, agency relationship, independent contractor relationship, partnership, franchise, distributorship, license, ownership of a stake in a business entity, or other ongoing business relationship shall not be considered unreasonable because it lacks any specific limitation upon scope of activity, duration, or geographic area as long as it promotes or protects the purpose or subject matter of the agreement or relationship or deters any potential conflict of interest.
13-8-57. (a) In determining the reasonableness in time of a restrictive covenant sought to be enforced after a term of employment, a court shall apply the rebuttable presumptions provided in this Code section. (b) In the case of a restrictive covenant sought to be enforced against a former employee and not associated with the sale or ownership of all or a material part of:
(1) The assets of a business, professional practice, or other commercial enterprise; (2) The shares of a corporation; (3) A partnership interest; (4) A limited liability company membership; or (5) An equity interest or profit participation, of any other type, in a business, professional practice, or other commercial enterprise, a court shall presume to be reasonable in time any restraint two years or less in duration and shall presume to be unreasonable in time any restraint more than two years in duration, measured from the date of the termination of the business relationship. (c) In the case of a restrictive covenant sought to be enforced against a current or former distributor, dealer, franchisee, lessee of real or personal property, or licensee of a trademark, trade dress, or service mark and not associated with the sale of all or a part of: (1) The assets of a business, professional practice, or other commercial enterprise; (2) The shares of a corporation; (3) A partnership interest;

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(4) A limited liability company membership; or (5) An equity interest or profit participation, of any other type, in a business, professional practice, or other commercial enterprise, a court shall presume to be reasonable in time any restraint three years or less in duration and shall presume to be unreasonable in time any restraint more than three years in duration, measured from the date of termination of the business relationship. (d) In the case of a restrictive covenant sought to be enforced against the owner or seller of all or a material part of: (1) The assets of a business, professional practice, or other commercial enterprise; (2) The shares of a corporation; (3) A partnership interest; (4) A limited liability company membership; or (5) An equity interest or profit participation, of any other type, in a business, professional practice, or other commercial enterprise, a court shall presume to be reasonable in time any restraint the longer of five years or less in duration or equal to the period of time during which payments are being made to the owner or seller as a result of any sale referred to in this subsection and shall presume to be unreasonable in time any restraint more than the longer of five years in duration or the period of time during which payments are being made to the owner or seller as a result of any sale referred to in this subsection, measured from the date of termination or disposition of such interest.
13-8-58. (a) A court shall not refuse to enforce a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an assignee or successor to a party to such contract. (b) In determining the enforceability of a restrictive covenant, it is not a defense that the person seeking enforcement no longer continues in business in the scope of the prohibited activities that is the subject of the action to enforce the restrictive covenant if such discontinuance of business is the result of a violation of the restriction. (c) A court shall enforce a restrictive covenant by any appropriate and effective remedy available at law or equity, including, but not limited to, temporary and permanent injunctions. (d) In determining the reasonableness of a restrictive covenant between an employer and an employee, as such terms are defined in subparagraphs (A) through (C) of paragraph (5) of Code Section 13-8-51, a court may consider the economic hardship imposed upon an employee by enforcement of the covenant; provided, however, that this subsection shall not apply to contracts or agreements between or among those persons or entities listed in paragraphs (2) through (7) of subsection (a) of Code Section 13-8-52.

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13-8-59. Nothing in this article shall be construed or interpreted to allow or to make enforceable any restraint of trade or commerce that is otherwise illegal or unenforceable under the laws of the United States or under the Constitution of this state or of the United States."

SECTION 4. This Act shall become effective on the day following the ratification at the time of the 2010 general election of an amendment to the Constitution of Georgia providing for the enforcement of covenants in commercial contracts that limit competition and shall apply to contracts entered into on and after such date and shall not apply in actions determining the enforceability of restrictive covenants entered into before such date. If such amendment is not so ratified, then this Act shall stand automatically repealed.

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 Allison Y Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague E Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant N Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers

Y Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson N Floyd N Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt
Horne Y Houston
Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T E Jones, J Y Jones, S Y Jordan Y Kaiser N Keen Y Keown
Knight Y Knox Y Lane, B Y Lane, R

N Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal N Nix
Oliver N O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor N Teilhet N Thomas Y Thompson Y Walker Y Weldon

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Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T
Cooper N Cox

Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Pruett Y Ralston Y Ramsey
Randall Y Reece E Reese Y Rice Y Roberts N Rogers

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

On the passage of the Bill, by substitute, the ayes were 137, nays 22.

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

Representative Bruce of the 64th stated that 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 94. 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 that an insured under a group accident and sickness policy may include dependents up to age 25; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 96. By Senators Reed of the 35th, Johnson of the 1st, Hooks of the 14th and Brown of the 26th:

A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Title 36 of the Official Code of Georgia Annotated, relating to ethics in government and local government, respectively, so as to provide for ethical reforms; to provide for lobbyist training; to eliminate the requirement that candidates for the General Assembly file copies of their campaign disclosure reports with the election superintendent of the county of such candidate's residence in addition to the State Ethics Commission; to change a definition; to provide for

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expanded lobbyist disclosure; to change certain provisions relating to lobbyist disclosure reports; to require lobbyist training; to provide for the establishment of ethics panels by elected local governing bodies of counties and municipalities and local school systems; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 130. By Senators Mullis of the 53rd and Rogers of the 21st:
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 a short title; to provide for legislative intent; to provide definitions; to establish procedures and requirements for the electronic lease-purchase of goods; to provide for data and personal information protection practices; to provide that persons entering into electronic lease-purchase agreements shall receive certain information and have certain rights with regard to the goods that are the subject of such agreements; to provide for certain requirements for merchants with regard to websites and data transmission; to provide for related matters; 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 Bills of the House were taken up for consideration and read the third time:
HB 23. By Representatives Ramsey of the 72nd, Rice of the 51st, Lindsey of the 54th, Williams of the 178th, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to drivers' exercise of due care; to prohibit use of cell phones by persons under 18 years of age while operating a motor vehicle; to prohibit the practice of text messaging by persons under 18 years of age while operating a motor vehicle; to provide penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL

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To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to drivers' exercise of due care; to prohibit use of wireless telecommunications devices by persons under 18 years of age with an instruction permit or Class D license while operating a motor vehicle; to provide penalties 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (c)(1)(A) of Code Section 40-5-57, relating to suspension or revocation of the licenses of habitually negligent or dangerous drivers and the point system, as follows:
"(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:
Aggressive driving......................................................................................... 6 points Reckless driving ............................................................................................ 4 points Unlawful passing of a school bus.................................................................. 6 points Improper passing on a hill or a curve ............................................................ 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour ............................................................................ 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour ............................................................................ 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour ............................................................................ 4 points Exceeding the speed limit by 34 miles per hour or more.............................. 6 points Disobedience of any traffic-control device or traffic officer ........................ 3 points Too fast for conditions................................................................................... 0 points Possessing an open container of an alcoholic beverage while driving ......... 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident ..................................................................................................... 2 points Violation of child safety restraint requirements, first offense.........................1 point Violation of child safety restraint requirements, second or subsequent offense......................................................................................... 2 points Violation of usage of wireless telecommunications device requirements .... 2 points All other moving traffic violations which are not speed limit violations ......................................................................................................3 points"

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SECTION 2. Said title is further amended by inserting a new Code section to read as follows:
"40-5-57.3. (a) The driver's license of any operator of a motor vehicle who is determined to be at fault for causing an automobile accident while violating Code Section 40-6-241.1 shall be suspended as provided in this Code section. The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the department. If the driver's license is not submitted to the court at the time of conviction, the person shall submit the driver's license to the department upon receiving proper notice of the suspension pursuant to the provisions of this chapter.
(b)(1) A first suspension of a driver's license under this Code section shall be for a period of 90 days or until the offender turns 18 years of age, whichever is shorter. (2) A second or subsequent suspension of a driver's license under this Code section shall be for a period of six months or until the offender turns 18 years of age, whichever is shorter. (c) After the suspension period and when the person pays a restoration fee of $60.00 or, when processed by mail, $50.00, the suspension shall terminate and the department shall return the person's driver's license to such person."
SECTION 3. Said title is further amended by revising Code Section 40-6-241, relating to drivers' exercise of due care and proper use of radios and mobile telephones, as follows:
"40-6-241. A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle, provided that, except as prohibited by Code Section 40-6241.1, the proper use of a radio, citizens band radio, or mobile telephone, or amateur or ham radio shall not be a violation of this Code section."
SECTION 4. Said title is further amended by inserting a new Code section to read as follows:
"40-6-241.1. (a) As used in the Code section, the term:
(1) 'Engage in a wireless communication' means talking, writing, sending, or reading a text-based communication, or listening on a wireless telecommunications device. (2) 'Wireless telecommunications device' means a cellular telephone, a textmessaging device, a personal digital assistant, a stand alone computer, or any other substantially similar wireless device that is used to initiate or receive a wireless communication with another person. It does not include citizens band radios, citizens band radio hybrids, commercial two-way radio communication devices, subscriptionbased emergency communications, in-vehicle security, navigation, and remote diagnostics systems, or amateur or ham radio devices.

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(b) Except in a driver emergency and as provided in subsection (c) of this Code section, no person who has an instruction permit or a Class D license and is under 18 years of age shall operate a motor vehicle on any public road or highway of this state while engaging in a wireless communication using a wireless telecommunications device. (c) The provisions of this Code section shall not apply to a person who has an instruction permit or a Class D license and is under 18 years of age who engages in a wireless communication using a wireless telecommunications device to do any of the following:
(1) Report a traffic accident, medical emergency, or serious road hazard; (2) Report a situation in which the person believes his or her personal safety is in jeopardy; (3) Report or avert the perpetration or potential perpetration of a criminal act against the driver or another person; or (4) Engage in a wireless communication while the motor vehicle is lawfully parked. (d)(1) Any conviction for a violation of the provisions of this Code section shall be punishable by a fine of not less than $50.00 nor more than $100.00. The provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of unlawfully operating a motor vehicle while using a wireless telecommunications device to the Department of Driver Services. (2) If the operator of the moving motor vehicle is involved in an accident at the time of a violation of this Code section, then the fine shall be equal to double the amount of the fine imposed in paragraph (1) of this subsection and the operator's driver's license shall be suspended pursuant to the provisions of Code Section 40-5-57.3. The suspension of the driver's license shall be implemented only upon a finding that the operator of the motor vehicle was at fault in causing the automobile accident. The law enforcement officer investigating the accident shall indicate on the written accident form whether such operator was engaging in a wireless communication at the time of the accident."
SECTION 5. This Act shall become effective on July 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.

THURSDAY, MARCH 12, 2009

2913

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker N Barnard Y Battles Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T
Cooper Y Cox

N Crawford Y Davis, H N Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin
Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown N Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lindsey N Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell N May N Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan N Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice N Roberts N Rogers

N Rynders Y Scott, A Y Scott, M Y Sellier N Setzler N Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon 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 138, nays 34.

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

Representative Bruce of the 64th 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 417. By Representatives Neal of the 1st, Meadows of the 5th, Knox of the 24th, Maxwell of the 17th and Hembree of the 67th:

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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 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 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
Allison Y Amerson Y Anderson Y Ashe E Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague E Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley N Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T E 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 Lindsey N Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece E Reese
Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 155, nays 13.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

THURSDAY, MARCH 12, 2009

2915

The Bill, having received the requisite constitutional majority, was passed.
Representative Bruce of the 64th stated that 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 349. By Representatives Burkhalter of the 50th, Smyre of the 132nd, Brooks of the 63rd, Harbin of the 118th, Everson of the 106th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property to, or used in or for the new construction of, a civil rights museum; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property to, or used in or for the new construction of, a civil rights museum; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by 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, 2009, until July 30, 2015, sales of tangible personal property to, or used in or for the new construction of, a civil rights museum. (B) As used in this paragraph, the term 'civil rights museum' means a museum which is constructed after July 1, 2009; is owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; has more than 70,000 square feet of space; and has associated facilities, including, but not limited to, special event space and retail space.

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(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. (D) The exemption provided for under subparagraph (A) of this paragraph shall not apply to sales of tangible personal property that occur after the museum is opened to the public."

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 Allison Y Amerson Y Anderson Y Ashe E Austin Y Baker Y Barnard Y Battles
Bearden Y Beasley-Teague E Benfield
Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Y Carter, A Y Carter, B E Casas Y Chambers

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart
England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T E Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen
Keown Y Knight Y Knox Y Lane, B Y Lane, R

Manning Y Marin Y Martin Y Maxwell
May Y Mayo
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J

Rynders Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon

THURSDAY, MARCH 12, 2009

2917

Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Pruett Ralston Ramsey
Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 1.

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

HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

To amend Chapter 5 of Title 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by revising paragraph (6) of Code Section 30-5-3, relating to definitions, as follows:
"(6) 'Disabled adult' means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is

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mentally or physically incapacitated or has a diagnosis from a licensed physician of dementia or related cognitive impairment."
SECTION 2. Said chapter is further amended by revising Code Section 30-5-8, relating to criminal offenses and penalties, as follows:
"30-5-8. (a)(1) In addition to any other provision of law, the abuse, neglect, or exploitation of any disabled adult or elder person shall be unlawful. (2) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. (3) For purposes of this subsection only, the term 'disabled adult' shall include a person 18 years of age or older who is: (A) A resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31; and (B) Mentally or physically incapacitated or has a diagnosis from a licensed physician of dementia or related cognitive impairment. (4) No employee, contractor, or other staff member of a long-term care facility as defined in Article 4 of Chapter 8 of Title 31 shall be subject to prosecution under this subsection. (b)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor.
(c) Any violation of this Code section shall constitute a separate offense."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Chapter 5 of Title 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

THURSDAY, MARCH 12, 2009

2919

SECTION 1. Chapter 5 of Title 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by revising paragraph (6) of Code Section 30-5-3, relating to definitions, as follows:
"(6) 'Disabled adult' means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated or has a diagnosis from a licensed physician of dementia or related cognitive impairment."
SECTION 2. Said chapter is further amended by revising Code Section 30-5-8, relating to criminal offenses and penalties, as follows:
"30-5-8. (a)(1) In addition to any other provision of law, the abuse, neglect, or exploitation of any disabled adult or elder person shall be unlawful. (2) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. (3) For purposes of this subsection only, the term 'disabled adult' shall include a person 18 years of age or older who is: (A) A resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31; (B) Mentally or physically incapacitated or has a diagnosis from a licensed physician of dementia or related cognitive impairment; and (C) Abused, neglected, or exploited by a person other than an employee, contractor, or other staff member of a long-term care facility as defined in Article 4 of Chapter 8 of Title 31. (b)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor.
(c) Any violation of this Code section shall constitute a separate offense."
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:

2920

JOURNAL OF THE HOUSE

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe E Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Brooks
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, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley
Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin
Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T E 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon 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 2.

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

Representative Bruce of the 64th stated that 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 McKillip of the 115th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others:

THURSDAY, MARCH 12, 2009

2921

A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; 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:
BILL
To amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; 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. Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, is amended by inserting a new Code section as follows:
"16-11-62.1. (a) As used in Code section, the term 'electronic tracking device' means any device that reveals its location or movement by the transmission of electronic signals. (b) Except as otherwise provided in this Code section, no person shall use an electronic tracking device to determine the location or movement of another person without such other person's consent. (c) This Code section shall not apply when the owner, lienholder, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle. (d) This Code section shall not apply to:
(1) Official actions of an official law enforcement agency acting in a law enforcement capacity; (2) Actions of United States military law enforcement personnel in the performance of their official duties; (3) Actions of a parent, legal guardian, or person in loco parentis with respect to determining the location or movement of a child or other person with whom such parent, legal guardian, or person in loco parentis has such legal relationship;

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(4) Actions of a family member or caregiver with respect to determining the location or movement of a patient or family member with a diagnosis by a licensed physician of Alzheimer's disease, vascular dementia, Pick's disease, Creutzfeldt-Jakob disease, Parkinson's disease, or Lewy Body dementia; (5) The provision of a commercial service such as mobile telephone service or vehicle safety or security service which allows the provider of the service to determine the location or movement of a device provided to a customer of the commercial service for the purpose of providing the commercial service; (6) Actions of a facility licensed pursuant to Title 31 with respect to determining the location or movement of a patient, when such device is deemed medically necessary by the patient's physician; or (7) Actions of a private detective who is licensed pursuant to Chapter 38 of Title 43 while in the performance of duties that are authorized for such detective. (e) Except as provided in paragraph (4) or (6) of subsection (d) of this Code section, no person shall be required to be implanted with an electronic tracking device pursuant to this Code section. (f) Any person violating this Code section shall upon conviction be guilty of a misdemeanor; provided, however, it shall not be a violation of this Code section to use an electronic tracking device to determine the location or movement of another person without such other person's consent if such person is an occupant of a vehicle where use of such electronic tracking device is permissible according to the provisions of subsection (c) or subsection (d) of this Code section or both subsections (c) and (d) of this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to conduct on and after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Jacobs of the 80th et al. move to amend the Committee substitute to HB 16 as follows:
Strike lines 40 and 41;
Insert the word "or" at the end of line 36; and
Delete the semi-colon and the word "or" at the end of line 39 and replace them with a period.

THURSDAY, MARCH 12, 2009

2923

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague E Benfield N Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A
Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley N Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin N Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C N Johnson, T E Jones, J N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox Y Lane, B Y Lane, R N Levitas Y Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby
Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston N Ramsey N Randall Y Reece E Reese N Rice Y Roberts Y Rogers

On the adoption of the amendment, the ayes were 140, nays 26.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

The amendment was adopted.

The following amendment was read:

Representative Loudermilk of the 14th et al. move to amend the House Committee on Judiciary Non-civil substitute to HB 16 by striking lines 42 and 43 and inserting in lieu thereof the following:

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(e) No person shall be required to be implanted with an electronic tracking device pursuant to this

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

E Abdul-Salaam N Abrams Y Allison
Amerson Y Anderson N Ashe N Austin Y Baker N Barnard Y Battles N Bearden N Beasley-Teague E Benfield N Benton N Black Y Brooks N Bruce Y Bryant Y Buckner Y Burkhalter N Burns N Butler Y Byrd N Carter, A
Carter, B E Casas N Chambers N Channell N Cheokas Y Coan N Cole N Coleman N Collins, D N Collins, T
Cooper Y Cox

Y Crawford N Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey N Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes N Ehrhart Y England N Epps, C N Epps, J N Everson Y Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner N Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Heckstall Y Hembree N Henson N Hill, C N Hill, C.A Y Holt Y Horne N Houston Y Howard N Hudson N Hugley N Jackson N Jacobs Y James Y Jerguson N Johnson, C N Johnson, T E Jones, J N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox N Lane, B Y Lane, R N Levitas N Lindsey E Long Y Loudermilk Y Lucas N Lunsford Y Maddox, B N Maddox, G Y Mangham

N Manning N Marin Y Martin N Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows N Millar N Mills N Mitchell N Morgan Y Morris Y Mosby Y Murphy Y Neal N Nix Y Oliver Y O'Neal N Parham N Parrish N Parsons N Peake N Porter N Powell, A N Powell, J Y Pruett Y Ralston N Ramsey N Randall Y Reece E Reese N Rice Y Roberts N Rogers

On the adoption of the amendment, the ayes were 79, nays 88.

Y Rynders N Scott, A Y Scott, M Y Sellier Y Setzler N Shaw E Sheldon Y Shipp Y Sims, B N Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker
Weldon N Wilkinson N Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix Y Yates
Richardson, Speaker

The amendment was lost.

Representative Loudermilk of the 14th moved that the House reconsider its action in failing to adopt the Loudermilk amendment.

On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, MARCH 12, 2009

2925

E Abdul-Salaam N Abrams Y Allison N Amerson Y Anderson N Ashe Y Austin Y Baker N Barnard Y Battles N Bearden N Beasley-Teague E Benfield N Benton Y Black Y Brooks N Bruce Y Bryant Y Buckner Y Burkhalter Y Burns N Butler Y Byrd Y Carter, A
Carter, B E Casas N Chambers N Channell Y Cheokas Y Coan N Cole Y Coleman Y Collins, D
Collins, T Cooper Y Cox

Y Crawford N Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey N Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes N Ehrhart Y England N Epps, C Y Epps, J N Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner N Geisinger Y Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Heckstall Y Hembree N Henson N Hill, C N Hill, C.A Y Holt Y Horne Y Houston Y Howard N Hudson N Hugley N Jackson Y Jacobs Y James Y Jerguson N Johnson, C N Johnson, T E Jones, J N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox Y Lane, B Y Lane, R Y Levitas N Lindsey E Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 106, nays 60.

N Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A N Powell, J Y Pruett Y Ralston N Ramsey N Randall Y Reece E Reese N Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B N Sims, C Y Sinkfield Y Smith, B N Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R Y Stephenson N Talton Y Taylor N Teilhet E Thomas Y Thompson Y Walker
Weldon N Wilkinson N Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix Y Yates
Richardson, Speaker

The motion prevailed.

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

E Abdul-Salaam N Abrams Y Allison
Amerson Y Anderson N Ashe Y Austin Y Baker N Barnard

Y Crawford N Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey N Dickson N Dobbs Y Dollar

Y Heckstall Y Hembree N Henson N Hill, C N Hill, C.A Y Holt Y Horne N Houston N Howard

N Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows

Y Rynders N Scott, A Y Scott, M
Sellier Y Setzler N Shaw E Sheldon Y Shipp Y Sims, B

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Y Battles N Bearden N Beasley-Teague E Benfield N Benton N Black Y Brooks N Bruce Y Bryant Y Buckner Y Burkhalter Y Burns N Butler Y Byrd Y Carter, A
Carter, B E Casas N Chambers N Channell Y Cheokas Y Coan Y Cole Y Coleman N Collins, D
Collins, T Cooper Y Cox

N Dooley N Drenner N Dukes N Ehrhart Y England N Epps, C Y Epps, J Y Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner N Geisinger Y Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Hudson N Hugley N Jackson N Jacobs Y James Y Jerguson N Johnson, C N Johnson, T E Jones, J N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox N Lane, B Y Lane, R N Levitas N Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B N Maddox, G Y Mangham

N Millar Y Mills N Mitchell N Morgan Y Morris Y Mosby Y Murphy Y Neal N Nix Y Oliver Y O'Neal Y Parham Y Parrish N Parsons Y Peake Y Porter N Powell, A N Powell, J Y Pruett Y Ralston N Ramsey N Randall Y Reece E Reese N Rice Y Roberts Y Rogers

N Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker
Weldon N Wilkinson N Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix Y Yates
Richardson, Speaker

On the adoption of the Loudermilk amendment, the ayes were 96, nays 69.

The amendment was adopted.

The Committee substitute, as amended, was adopted.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker N Barnard Y Battles Y Bearden

Y Crawford N Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley

Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield

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N Beasley-Teague E Benfield N Benton Y Black 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
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D
Collins, T Cooper Y Cox

Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jackson Y Jacobs Y James Y Jerguson N Johnson, C Y Johnson, T E 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
Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham
Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet E Thomas Y Thompson Y Walker
Weldon 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, as amended, the ayes were 155, nays 8.

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

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

Mr. Speaker:

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

SB 160. By Senators Chapman of the 3rd, Douglas of the 17th, Staton of the 18th, Harbison of the 15th, Murphy of the 27th 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.

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SB 172. By Senators Hamrick of the 30th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for recovery for serious mental and emotional trauma; to update legislative intent; to change definitions and provide for a new definition; to change provisions related to filing of claims; to change provisions relating to investigations; to revise the characteristics of persons eligible for awards; to change provisions relating to the board's required findings and effective dates for certain for awards; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 207. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to admit the general public to hearings in juvenile court with certain exceptions; to authorize a juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to prohibit the media from publicizing the name, identity, or likeness of any child involved in a juvenile court proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the Division of Family and Children Services to inspect files and records without an order of the court; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and
SB 231. By Senator Weber of the 40th:
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 establish the PROMISE III teacher's scholarship; to provide for eligibility requirements; to provide for service cancelable requirements; to provide for the maximum amount; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 7:00 o'clock, this evening.
The Speaker called the House to order.
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:

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HR 22. By Representatives Lunsford of the 110th, Lindsey of the 54th, Levitas of the 82nd, Keen of the 179th, Jones of the 46th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide that where state or federal law requires elections for public office or public votes on initiatives or referenda, or designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed; 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 provide that where local, state, or federal law requires elections for public office or public votes on initiatives or referenda, or designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed; 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. Section I of Article I of the Constitution is amended by redesignating Paragraph XXIX as Paragraph XXX and by inserting a new Paragraph XXIX to read as follows:
"Paragraph XXIX. Right of secret ballot. The right of individuals to vote by secret ballot is fundamental. Where local, state, or federal law requires elections for public office or public votes on initiatives or referenda, or requires designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution of Georgia be amended so as to provide that where local, state, or federal law requires elections for public office or public votes on initiatives or referenda, or requires designations or authorizations of employee representation, the right of individuals to vote by secret ballot shall be guaranteed?"

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

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"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:

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler E Byrd
Carter, A Y Carter, B E Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Crawford N Davis, H Y Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton E Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James 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 Lindsey E Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall N Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon 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 Resolution, by substitute, the ayes were 102, nays 67.

The Resolution, having failed to receive the requisite constitutional majority, was lost.

The following supplemental Rules Calendar was read and adopted:

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HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 12, 2009

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:

Day 30 Debate Special Rule

Pursuant to House Rules 33.3 and 81, after the first speaker has yielded the well, debate on each bill shall be limited to one hour.

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

HB 2 HB 186 HB 189 HB 313 HB 350
HB 475
HB 493 HB 545

Grants; recipients comply with certain provisions; require (Substitute)(AppRice-51st) (Rules Committee Substitute) Teleworking; income tax credits; provisions (W&M-Martin-47th) Child support; collection options; Department of Human Resources; provisions (Substitute)(Judy-Butler-18th) Quality Basic Education Act; calculating grade point averages; revise certain provisions (HEd-Hembree-67th) Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide (Substitute)(H&HS-Martin-47th) (Rules Committee Substitute) Georgia Registered Professional Nurse Practice Act; nontraditional education programs; revise certain provisions (H&HS-Cooper-41st) (Rules Committee Substitute) Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions (C&Y-Brooks-63rd) Commencement and service of civil actions; service of process; revise provisions (Substitute)(Judy-Willard-49th) (Rules Committee Substitute)

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HB 549 HB 579 HB 639 HB 667 HB 674 HB 700 HB 716

Driver Services, Department of; information for purposes of creating juror lists; specify (JudyNC-Ralston-7th) (Rules Committee Substitute) Contractors; eligibility for licensure; provide (Substitute)(SRules-Maxwell17th) (Rules Committee Substitute) Special license plates; protect wild dolphins in Georgia; provisions (MotVDollar-45th) (Rules Committee Substitute) Hospital acquisition; notice to Attorney General; change certain provisions (Substitute)(Judy-Allison-8th) Bingo games; limits on amounts of prizes; remove (Substitute)(RulesSmyre-132nd) (Rules Committee Substitute) Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization (Rules-Smith-113th) Buildings; Section 8 Housing Choice Voucher Program; owner give notice; provide (Substitute)(S&T-May-111th)

Structured Rule

HB 129 HB 395

Sales and use tax exemptions; zoological institute; provide (Substitute)(W&M-Lindsey-54th) (Rules Committee Substitute) Sales and use tax; personal property; construction of certain symphony halls; extend exemption (Substitute)(W&M-Wilkinson-52nd)

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 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th:

A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to

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2933

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 provide for legislative findings; to amend Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Arbitration Code," so as to correct a cross-reference; to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to provide for oversight by the Governor's Office of Consumer Affairs of private child support collection; to provide for definitions; to provide for contractual requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of such contracts; to provide for other remedies; to amend Code Section 19-11-18 of the Official Code of Georgia Annotated, relating to collection procedures, so as to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide a definition; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SECTION 1. The General Assembly recognizes that private child support collectors, private attorneys, and the Department of Human Resources are colleagues in the important role of collecting support for the children of Georgia. The General Assembly also finds that it is vital that these individuals and entities cooperate with each other to ensure the best service to parents. It is the intent of the General Assembly to ensure that parents, as consumers, have options for the enforcement of child support obligations and the ability to make well-informed decisions regarding such options.
SECTION 2. Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Arbitration Code," is amended by revising paragraph (7) of subsection (c) as follows:
"(7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the 'Fair Business Practices Act of 1975';"
SECTION 3. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," is amended by revising subsection

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(a) of Code Section 10-1-392, relating to definitions, as follows: "(a) As used in this part, the term: (1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her delegate. (1.1)(2) 'Campground membership' means any arrangement under which a purchaser has the right to use, occupy, or enjoy a campground membership facility. (1.2)(3) 'Campground membership facility' means any campground facility at which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased the right periodically to use the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (1.3)(4) 'Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A 'career consulting firm' shall not guarantee actual job placement as one of its services. A 'career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34. (5) 'Child support enforcement' means the action, conduct, or practice of enforcing a child support order issued by a court or other tribunal. (2)(6) 'Consumer' means a natural person. (2.1)(7) 'Consumer acts or practices' means acts or practices intended to encourage consumer transactions. (2.2)(8) 'Consumer report' means any written or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity which is used or intended to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for: (A) Credit or insurance to be used primarily for personal, family, or household purposes; or (B) Employment consideration. (2.3)(9) 'Consumer reporting agency' or 'agency' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (3)(10) 'Consumer transactions' means the sale, purchase, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes.

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(11) 'Department' means the Department of Human Resources. (4)(12) 'Documentary material' means the original or a copy, whether printed, filmed, or otherwise preserved or reproduced, by whatever process, including electronic data storage and retrieval systems, of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate. (5)(13) 'Examination' of documentary material means inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in with respect of to any such documentary material. (5.1)(14) 'File' means, when used in connection with information on any consumer, all of the information on that consumer recorded or retained by a consumer reporting agency regardless of how the information is stored. (5.2)(15) 'Going-out-of-business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a sale because the person is going out of business, liquidating, selling his or her entire stock or 50 percent or more of his or her stock, selling out to the bare walls, selling because the person has lost his or her lease, selling out his or her interest in the business, or selling because everything in the business must be sold or that the sale is a trustee's sale, bankrupt sale, save us from bankruptcy sale, insolvent sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale. (6)(16) 'Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a 'reducing salon,' 'health spa,' 'spa,' 'exercise gym,' 'health studio,' 'health club,' or by other terms of similar import. A health spa shall not include any of the following:
(A) Any nonprofit organization; (B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or (C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility. (6.1)(17) 'Marine membership' means any arrangement under which a purchaser has a right to use, occupy, or enjoy a marine membership facility. (6.2)(18) 'Marine membership facility' means any boat, houseboat, yacht, ship, or other floating facility upon which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a

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right to make reservations at future times to use the facility or who have purchased a right to use periodically, occupy, or enjoy the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (19) 'Obligee' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as the payee to whom an obligor owes child support. (20) 'Obligor' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as required to make child support payments. (6.3)(21) 'Office' means any place where business is transacted, where any service is supplied by any person, or where any farm is operated. (6.4)(22) 'Office supplier' means any person who sells, rents, leases, or ships, or offers to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm. (6.5)(23) 'Office supply transactions' means the sale, lease, rental, or shipment of, or offer to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm but shall not include transactions in which the goods, services, or property is purchased, leased, or rented by the office or farm for purposes of reselling them to other persons. (7)(24) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (25) 'Private child support collector' means an individual or nongovernmental entity that solicits and contracts directly with obligees to provide child support collection services for a fee or other compensation but shall not include attorneys licensed to practice law in this state unless such attorney is employed by a private child support collector. (7.1)(26) 'Prize' means a gift, award, or other item intended to be distributed or actually distributed in a promotion. (8)(27) 'Promotion' means any scheme or procedure for the promotion of consumer transactions whereby one or more prizes are distributed among persons who are required to be present at the place of business or are required to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to receive the prize or to determine which, if any, prize they will receive. Promotions shall not include any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote if such condition is clearly and conspicuously disclosed in the promotional advertising and literature and the receipt of the prize does not involve an element of chance. Any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote or upon the payment of money and where the receipt of that prize involves an element of chance shall be deemed to be a lottery under Code Section 16-12-20; provided, however, that nothing in this definition shall be construed to include a lottery operated by the State of Georgia or the Georgia

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Lottery Corporation as authorized by law; provided, further, that any deposit made in connection with an activity described by subparagraph (b)(22)(B) of Code Section 101-393 shall not constitute the payment of money. (9)(28) 'Trade' and 'commerce' mean the advertising, distribution, sale, lease, or offering for distribution, sale, or lease of any goods, services, or any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value wherever situate and shall include any trade or commerce directly or indirectly affecting the people of the this state."
SECTION 4. Said part is further amended by adding a new Code section to read as follows:
"10-1-393.9. (a)(1) Private child support collectors shall register with the Governor's Office of Consumer Affairs and shall provide information as requested by the Governor's Office of Consumer Affairs, including, but not limited to, the name of the private child support collector, the office address and telephone number for such entity, and the registered agent in this state on whom service of process is to be made in a proceeding against such private child support collector. (2) An application for registration shall be accompanied by a surety bond approved by the Governor's Office of Consumer Affairs, and the surety bond shall be: (A) Issued by a surety authorized to do business in this state; (B) In the amount of $50,000.00; (C) In favor of the state for the benefit of a person damaged by a violation of this Code section; and (D) Conditioned on the private child support collector's compliance with this Code section and the faithful performance of the obligations under the private child support collector's agreements with its clients. (3) A surety bond shall be filed with and held by the Governor's Office of Consumer Affairs. (4) Instead of a surety bond, the Governor's Office of Consumer Affairs may accept a deposit of money in an amount determined by the Governor's Office of Consumer Affairs not to exceed $50,000.00. The Governor's Office of Consumer Affairs shall deposit any amounts received under this paragraph in an insured depository account designated for that purpose.
(b) Any contract for the collection of child support between a private child support collector and an obligee shall be in writing, in at least ten-point type, and signed by a private child support collector and the obligee. The contract shall include:
(1) An explanation of the nature of the services to be provided; (2) An explanation of the amount to be collected from the obligor by a private child support collector and a statement of a sum certain of the total amount that is to be collected by the private child support collector that has been engaged by the obligee; (3) An explanation in dollar figures of the maximum amount of fees which could be collected under the contract and an example of how fees are calculated and deducted;

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(4) A statement that fees shall be charged for collecting past due child support and for collecting current child support if the collection of current child support for a fee is one of the terms of the contract; (5) A statement that a private child support collector shall not retain fees from collections that are primarily attributable to the actions of the department and that a private child support collector shall be required by law to refund any fees improperly retained; (6) An explanation of the opportunities available to the obligee or private child support collector to cancel the contract or other conditions under which the contract terminates; (7) The mailing address, telephone numbers, facsimile numbers, and e-mail address of a private child support collector; (8) A statement that a private child support collector shall only collect money owed to the obligee and not child support assigned to the State of Georgia; (9) A statement that a private child support collector is not a governmental entity and that the department provides child support enforcement services at little or no cost to the obligee; and (10) A statement that the obligee may continue to use or pursue services through the department to collect child support. (c) A private child support collector shall not: (1) Improperly retain fees from collections that are primarily attributable to the actions of the department. If the department or administrator notifies a private child support collector of such improper fee retention, such private child support collector shall refund such fees to the obligee within seven business days of the notification of the improper retention of fees and shall not be liable for such improper fee retention. A private child support collector may require documentation that the collection was primarily attributable to the actions of the department prior to issuing any refund; (2) Charge fees in excess of one-third of the total amount of child support payments collected; (3) Solicit obligees using marketing materials, advertisements, or representations reasonably calculated to create a false impression or mislead an obligee into believing a private child support collector is affiliated with the department or any other governmental entity; (4) Use or threaten to use violence or other criminal means to cause harm to an obligor or the property of the obligor; (5) Falsely accuse or threaten to falsely accuse an obligor of a violation of state or federal laws; (6) Take or threaten to take an enforcement action against an obligor that is not authorized by law; (7) Represent to an obligor that a private child support collector is affiliated with the department or any other governmental entity authorized to enforce child support obligations or fail to include in any written correspondence to an obligor the statement that 'This communication is from a private child support collector. The purpose of

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this communication is to collect a child support debt. Any information obtained will be used for that purpose.'; (8) Communicate to an obligor's employer, or his or her agent, any information relating to an obligor's indebtedness other than through proper legal action, process, or proceeding; (9) Communicate with an obligor whenever it appears the obligor is represented by an attorney and the attorney's name and address are known, or could be easily ascertained, unless the attorney fails to answer correspondences, return telephone calls, or discuss the obligation in question, or unless the attorney and the obligor consent to direct communication; (10) Contract with an obligee who is owed less than three months of child support arrearages; or (11) Contract with an obligee for a sum certain to be collected which is greater than the total sum of arrearages as of the date of execution of the contract. (d) In addition to any other cancellation or termination provisions provided in the contract between a private child support collector and an obligee, the contract shall be cancelled or terminate if: (1) The obligee requests cancellation in writing within 30 days of signing the contract; (2) The obligee requests cancellation in writing after any 12 consecutive months in which a private child support collector fails to make a collection; (3) A private child support collector breaches any term of the contract or violates any provision contained within this Code section; or (4) The amount to be collected pursuant to the contract has been collected. (e) All private child support collector contracts, and any amendments thereto, shall be submitted to the administrator and certified by the administrator as to whether or not such contract complies with this Code section. Contracts that are not in compliance with this Code section shall be void and unenforceable. The administrator shall have 30 business days to certify or disapprove certification of contract submissions. (f) The remedies provided in this Code section shall be cumulative and shall be in addition to any other procedures, rights, or remedies available under any other law. (g) Any waiver of the rights, requirements, and remedies provided by this Code section violates public policy and shall be void. (h) In addition to any civil penalties under this part, any person who intentionally violates this Code section shall be subject to a criminal penalty under subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating this Code section."

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SECTION 5. Code Section 19-11-18 of the Official Code of Georgia Annotated, relating to collection procedures, is amended by revising subsection (f) as follows:
"(f)(1) As used in this subsection, the term 'private child support collector' shall have the same meaning as provided in Code Section 10-1-392. (2) Notwithstanding any other provision of this title to the contrary, any child support being held by the Child Support Enforcement Agency of the Department of Human Resources department shall be paid to the custodial parent, legal guardian, or caretaker relative having custody of or responsibility for a child at any address or bank account designated by such parent, legal guardian, or caretaker relative within 30 two days from receipt of same by the enforcement agency. Designating that payments shall be directed to an address or bank account designated by a parent, legal guardian, or caretaker relative having custody of or responsibility for a child shall not constitute a change in payee. The Child Support Enforcement Agency of the department may require that such custodial parent's, legal guardian's, or caretaker relative's designation of an address, person, or bank account be in writing but shall not charge a fee for receiving such request or redirecting the payments as requested. The Child Support Enforcement Agency of the department shall provide to an attorney representing a custodial parent, legal guardian, or caretaker relative having custody of or responsibility for a child, or to a private child support collector hired by a custodial parent, legal guardian, or caretaker relative having custody of or responsibility for a child and acting pursuant to a power of attorney signed by such custodial parent, legal guardian, or caretaker relative, any documents which such custodial parent, legal guardian, or caretaker relative would be entitled to request and receive from the department. It is the intent of this subsection that arrangements between custodial parents, legal guardians, or caretaker relatives having custody of or responsibility for a child and private child support collectors and attorneys shall be facilitated by the department."
SECTION 6. 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 contracts for private collection of child support payment entered into on or after such effective 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.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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E Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield N Benton Y Black Y Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler E Byrd
Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D N Collins, T Y Cooper N Cox

N Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley N Drenner N Dukes
Ehrhart Y England N Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin N Frazier N Fullerton Y Gardner Y Geisinger Y Glanton E Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield N Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley
Jackson Y Jacobs N James 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 Lindsey E Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell E May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon 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 120, nays 45.

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

Representative Powell of the 29th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 186. By Representatives Martin of the 47th, Drenner of the 86th and Cox of the 102nd:

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

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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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd
Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J
Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson
Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 161, nays 1.

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

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HB 579. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant relative to residential and general contractors, so as to provide for eligibility for licensure without examination under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant relative to residential and general contractors, so as to provide for eligibility for licensure without examination under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant relative to residential and general contractors, is amended by striking "and" at the end of subparagraph (a)(3)(D), by replacing the period with "; and" at the end of paragraph (4) of subsection (a), and by adding a new paragraph to read as follows:
"(5) Any person who, for at least ten consecutive years prior to submitting an application, is affiliated, by employment or ownership, with a business organization having been incorporated in Georgia continuously for at least 20 years and engaged in the business of residential or general contracting."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant relative to residential and general contractors, so as to provide for continuing eligibility

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for licensure without examination under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-41-8 of the Official Code of Georgia Annotated, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant relative to residential and general contractors, is amended by adding a new subsection to read as follows:
"(c) Any business entity application that was submitted and approved pursuant to this Code section, but not issued because of the death of the approved qualifying agent prior to the issuance of the license, shall remain eligible for consideration under this Code section with the submission of a new qualifying agent candidate for such business entity."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Lucas of the 139th moved that HB 579 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 Allison N Amerson N Anderson N Ashe N Austin N Baker N Barnard N Battles N Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Brooks Y Bruce
Bryant N Buckner N Burkhalter N Burns N Butler E Byrd
Carter, A N Carter, B E Casas

N Crawford Y Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey N Dickson N Dobbs N Dollar Y Dooley N Drenner N Dukes N Ehrhart N England Y Epps, C N Epps, J N Everson Y Floyd Y Fludd
Franklin Y Frazier
Fullerton N Gardner N Geisinger N Glanton E Golick

Y Heckstall N Hembree Y Henson N Hill, C
Hill, C.A N Holt N Horne N Houston Y Howard N Hudson Y Hugley N Jackson N Jacobs
James N Jerguson
Johnson, C N Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B

N Manning N Marin N Martin N Maxwell E May Y Mayo N McCall N McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy N Neal N Nix N Oliver N O'Neal Y Parham N Parrish N Parsons N Peake N Porter N Powell, A

N Rynders N Scott, A N Scott, M N Sellier N Setzler N Shaw N Sheldon Y Shipp N Sims, B N Sims, C Y Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T
Smith, V Smyre Y Stephens, M N Stephens, R Y Stephenson N Talton Y Taylor N Teilhet Y Thomas Y Thompson N Walker

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N Chambers N Channell N Cheokas N Coan N Cole
Coleman N Collins, D Y Collins, T N Cooper N Cox

Y Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M N Hatfield Y Heard

N Lane, R N Levitas N Lindsey E Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham

On the motion, the ayes were 43, nays 119.

N Powell, J Y Pruett N Ralston N Ramsey Y Randall Y Reece E Reese N Rice N Roberts Y Rogers

N Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R N Wix N Yates
Richardson, Speaker

The motion was lost.

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield
Benton Y Black N Brooks N Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd
Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner N Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin N Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley Y Jackson Y Jacobs Y James Y Jerguson
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 Lindsey E Long Y Loudermilk

Y Manning Y Marin Y Martin Y Maxwell E May N Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E

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Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

N Reece E Reese Y Rice Y Roberts Y Rogers

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

On the passage of the Bill, by substitute, the ayes were 136, nays 29.

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

HB 667. By Representative Allison of the 8th:

A BILL to be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, so as to change certain provisions relating to content and form of notice to the Attorney General, fees, and retention of experts; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, so as to change certain provisions relating to content and form of notice to the Attorney General, fees, and retention of experts; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, is amended by revising subsections (c) and (d) of Code Section 31-7402, relating to content and form of notice to the Attorney General, fees, and retention of experts, as follows:
"(c) Notice to the Attorney General shall be accompanied by the payment by either the seller or lessor, or by the acquiring entity, of a fee in the amount of $50,000.00. (d) The Attorney General shall be authorized to retain financial, economic, health planning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406. Within 30 days after notice from the Attorney General, the actual and reasonable cost and expense incurred in connection with the retention of such experts or consultants shall be paid directly to such experts and consultants by the

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parties to the proposed transaction in such proportionate amounts as the parties may agree or otherwise as determined by the Attorney General."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd Y Fludd Y Franklin N Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin
Harden, B Y Harden, M Y Hatfield Y Heard

N Heckstall Y Hembree
Henson Y Hill, C N Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey E Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw N Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 156, nays 11.

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

Due to a mechanical malfunction, the vote of Representative Henson of the 87th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representatives Frazier of the 123rd, Marin of the 96th, Sheldon of the 105th, and Williams of the 178th stated that they inadvertently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

Representative Maxwell of the 17th assumed the chair.

HB 313. By Representatives Hembree of the 67th and Millar of the 79th:

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 within the "Quality Basic Education Act," so as to revise certain provisions relating to calculating grade point averages for purposes of determining eligibility for enrollment and scholarships for postsecondary education; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner
Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson Y Johnson, C Y Johnson, T

Y Manning Y Marin Y Martin
Maxwell May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal

Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre

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Y Bryant Y Buckner
Burkhalter Y Burns Y Butler E Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D
Collins, T Y Cooper Y Cox

Y Floyd Fludd
Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 158, nays 0.

Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Parham of the 141st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

HB 545. By Representatives Willard of the 49th, Lindsey of the 54th, Powell of the 171st, Lane of the 167th, Weldon of the 3rd and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement and service of civil actions, so as to revise provisions relating to service of process; to provide for certification of persons authorized to serve process throughout the state; to provide for service upon persons residing in gated and secured communities; to provide for filing the return of service; to change certain provisions relating to process in civil practice; to provide for certification of certified process servers authorized to serve process throughout the state; to provide for qualifications, procedures, and other matters with respect to such certification; to regulate the professional conduct of certified process servers; to define the crime of impersonating a process server and provide for punishment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

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A BILL
To amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement and service of civil actions, so as to revise provisions relating to service of process; to provide for certification of persons authorized to serve process throughout the state; to provide for service upon persons residing in gated and secured communities; to provide for filing the return of service; to change certain provisions relating to process in civil practice; to provide for certification of certified process servers authorized to serve process throughout the state; to provide for qualifications, procedures, and other matters with respect to such certification; to regulate the professional conduct of certified process servers; to define the crime of impersonating a process server and provide for punishment; 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 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement and service of civil actions, is amended in Code Section 9-11-4, relating to service of process, by revising subsection (c) as follows:
"(c) Summons -- By whom served. Process shall be served by: (1) The the sheriff of the county where the action is brought or where the defendant is found, or by such sheriff's deputy; (2) The , or by the marshal or sheriff of the court, or by such official's deputy; (3) Any , or by any citizen of the United States specially appointed by the court for that purpose; (4) A person , or by someone who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought. ; or (5) A certified process server under Code Section 9-11-4.1.
Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service."
SECTION 2. Said article is further amended in subsection (f) of said Code section by adding a new paragraph to read as follows:
"(4) Service upon persons residing in gated and secured communities.

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(A) As used in this paragraph, the term 'gated and secured communities' means multiple residential or commercial properties, such as houses, condominiums, offices, or apartments, where access to the multiple residential or commercial properties is restricted by a gate, security device, or security attendant that restricts public entrance onto the property; provided, however, that a single residence, farm, or commercial property with its own fence or gate shall not be included in this definition. (B) Any person authorized to serve process shall be granted access to gated and secured communities for a reasonable period of time for the purpose of performing lawful service of process upon:
(i) Identifying to the guard or managing agent the person, persons, entity, or entities to be served; (ii) Displaying a current driver's license or other government issued identification which contains a photograph; and (iii) Displaying evidence of current appointment as a process server pursuant to this Code section."
SECTION 3. Said article is further amended in said Code section by revising subsection (h) as follows:
"(h) Return. The person serving the process shall make proof of service thereof to the court promptly and, in any event, within the time during which the person served must respond to the process proof of such service with the court in the county in which the action is pending within five business days of the service date. If the proof of service is not filed within five business days, the time for the party served to answer the process shall not begin to run until such proof of service is filed. Proof of service shall be as follows:
(1) If served by a sheriff or marshal, or such official's deputy, the affidavit or certificate of the sheriff, marshal, or deputy; (2) If by any other proper person, such person's affidavit; (3) In case of publication, the certificate of the clerk of court certifying to the publication and mailing; or (4) The written admission or acknowledgment of service by the defendant. In the case of service otherwise than by publication, the certificate or affidavit shall state the date, place, and manner of service. Failure to make proof of service shall not affect the validity of the service."
SECTION 4. Said article is further amended by adding a new Code section as follows:
"9-11-4.1. (a) Certified process servers. A person at least 18 years of age who files with the Administrative Office of the Courts an application stating that the movant complies with this Code section and any procedures and requirements set forth in any rules or regulations promulgated by the Judicial Council of Georgia regarding this Code section

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shall, absent good cause shown, be certified as a process server by the Administrative Office of the Courts. Such certification shall be effective for a period of three years or until such approval is withdrawn by the Administrative Office of the Courts upon good cause shown, whichever shall first occur. Such certified process server shall be entitled to serve in such capacity for any court of the state, anywhere within the state. (b) Certification procedures.
(1) Any person seeking certification under this Code section shall upon applying for certification present evidence that he or she:
(A) Has undergone a criminal record check based on fingerprints and has never been convicted of a felony or of impersonating a peace officer or other public officer or employee under Code Section 16-10-23; (B) Completed a 12 hour course of instruction relating to service of process which course has been approved by the Administrative Office of the Courts in consultation with the Georgia Sheriffs' Association; (C) Passed a test approved by the Administrative Office of the Courts which will measure the applicant's knowledge of state law regarding serving of process and other papers on various entities and persons; (D) Obtained a commercial surety bond or policy of commercial insurance conditioned to protect members of the public and persons employing the certified process server against any damage arising from any actionable misconduct, error, or omission on the part of the applicant while serving as a certified process server; and (E) Is a citizen of the United States. (2) The Administrative Office of the Courts shall review the application, test score, criminal record check, and such other information or documentation as required by that office. Upon review, the office shall make a fitness determination in accordance with standards and procedures promulgated by the Judicial Council of Georgia as to whether the applicant shall be approved for certification and authorized to act as a process server in this state; and the office's determination shall be provided to the applicant in writing. (3) Upon approval the applicant shall complete a written oath as follows: 'I do solemnly swear (or affirm) that I will conduct myself as a process server truly and honestly, justly and uprightly, and according to law; and that I will support the Constitution of the State of Georgia and the Constitution of the United States. I further swear (or affirm) that I will not serve any papers or process in any action where I have a financial or personal interest in the outcome of the matter or where any person to whom I am related by blood or marriage has such an interest.' (c) Renewal and revocation of certification. A certified process server shall be required to renew his or her certification every three years in such manner and at such time as required by the Administrative Office of the Courts. Any certified process server failing to renew his or her certification shall no longer be approved to serve as a certified process server. At the time of renewal, the certified process server shall provide evidence that he or she has completed three annual five-hour courses of continuing education which courses have been approved by the Administrative Office

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of the Courts and has undergone an updated criminal record check. The certification of a process server may be revoked for cause at any time, in accordance with procedures established by the Administrative Office of the Courts. (d) Fees. The Administrative Office of Courts shall establish fees to be charged for the administration of this Code section such that the revenue generated from such fees shall approximate the total direct and indirect costs of administering this Code section. (e) Appeals. Any disciplinary action of the board may be appealed by the aggrieved person to the Judicial Council, which shall have the power to review the determination by the Administrative Office of the Courts. (f) Carrying firearms.
(1) It shall be unlawful for a certified process server to carry a firearm while in the course of serving process unless authorized to carry a firearm by some other provision of law, not including Code Section 16-11-129, relating to licenses to carry a pistol or revolver; and Code Section 16-11-129 shall not authorize a certified process server to carry a firearm while serving process. (2) Any person who violates paragraph (1) of this subsection shall upon conviction be guilty of a misdemeanor. (3) At the time of certification and renewal of certification, a certified process server shall sign an acknowledgment that he or she has read and understands the provisions of this subsection. (g) Service by off-duty deputy sheriff. An off-duty deputy sheriff may serve process with the approval of the sheriff by whom he or she is employed and shall be exempt from certification under this Code section. (h) Impersonation of public officer or employee. It shall be unlawful for a certified process server to falsely hold himself or herself out as a peace officer or public officer or employee and any violation shall be punished as provided in Code Section 16-10-23. (i) Notice to sheriff. Prior to the first time that a certified process server serves process in any county he or she shall file with the sheriff of the county a written notice, in such form as shall be prescribed by the Administrative Office of the Courts, of his or her intent to serve process in that county. Such notice shall be effective for a period of one year; and a new notice shall be filed before the certified process server again serves process in that county after expiration of the one-year period. (j) Credentials. The Administrative Office of the Courts shall at the time of certification provide credentials in the form of an identification card to each certified process server. The identification card shall be designed to clearly distinguish it from any form of credentials issued to certified peace officers and will not be in the shape or form of a law enforcement badge. A certified process server shall display his or her credentials at all times while engaged in the service of process. (k) False representation. It shall be unlawful for any person who is not a certified process server to hold himself or herself out as being a certified process server. Any person who violates this subsection shall upon conviction be guilty of a misdemeanor. (l) Sunset and legislative review. This Code section shall be repealed effective July 1, 2015, unless continued in effect by the General Assembly prior to that date. At its 2013

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regular session the General Assembly shall review this Code section to determine whether it should be continued in effect; and the Administrative Office of the Courts shall make a report to the General Assembly to assist in that review."
SECTION 5. This Act shall become effective on July 1, 2010.
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 Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement and service of civil actions, so as to revise provisions relating to service of process; to provide for certification of persons authorized to serve process throughout the state; to provide for service upon persons residing in gated and secured communities; to provide for filing the return of service; to change certain provisions relating to process in civil practice; to provide for certification of certified process servers authorized to serve process throughout the state; to provide for qualifications, procedures, and other matters with respect to such certification; to regulate the professional conduct of certified process servers; to define the crime of impersonating a process server and provide for punishment; 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 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement and service of civil actions, is amended in Code Section 9-11-4, relating to service of process, by revising subsection (c) as follows:
"(c) Summons -- By whom served. Process shall be served by: (1) The the sheriff of the county where the action is brought or where the defendant is found, or by such sheriff's deputy; (2) The , or by the marshal or sheriff of the court, or by such official's deputy; (3) Any , or by any citizen of the United States specially appointed by the court for that purpose; (4) A person , or by someone who is not a party and is not younger than 18 years of age and has been appointed as a permanent process server by the court in which the action is brought. ; or

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(5) A certified process server under Code Section 9-11-4.1, provided that the sheriff of the county for which process is to be served allows such servers to serve process in such county. Where the service of process is made outside of the United States, after an order of publication, it may be served either by any citizen of the United States or by any resident of the country, territory, colony, or province who is specially appointed by the court for that purpose. When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service."
SECTION 2. Said article is further amended in subsection (f) of said Code section by adding a new paragraph to read as follows:
"(4) Service upon persons residing in gated and secured communities. (A) As used in this paragraph, the term 'gated and secured communities' means multiple residential or commercial properties, such as houses, condominiums, offices, or apartments, where access to the multiple residential or commercial properties is restricted by a gate, security device, or security attendant that restricts public entrance onto the property; provided, however, that a single residence, farm, or commercial property with its own fence or gate shall not be included in this definition. (B) Any person authorized to serve process shall be granted access to gated and secured communities for a reasonable period of time for the purpose of performing lawful service of process upon: (i) Identifying to the guard or managing agent the person, persons, entity, or entities to be served; (ii) Displaying a current driver's license or other government issued identification which contains a photograph; and (iii) Displaying evidence of current appointment as a process server pursuant to this Code section."
SECTION 3. Said article is further amended in said Code section by revising subsection (h) as follows:
"(h) Return. The person serving the process shall make proof of service thereof to the court promptly and, in any event, within the time during which the person served must respond to the process proof of such service with the court in the county in which the action is pending within five business days of the service date. If the proof of service is not filed within five business days, the time for the party served to answer the process shall not begin to run until such proof of service is filed. Proof of service shall be as follows:
(1) If served by a sheriff or marshal, or such official's deputy, the affidavit or certificate of the sheriff, marshal, or deputy;

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(2) If by any other proper person, such person's affidavit; (3) In case of publication, the certificate of the clerk of court certifying to the publication and mailing; or (4) The written admission or acknowledgment of service by the defendant. In the case of service otherwise than by publication, the certificate or affidavit shall state the date, place, and manner of service. Failure to make proof of service shall not affect the validity of the service."
SECTION 4. Said article is further amended by adding a new Code section to read as follows:
"9-11-4.1. (a) Certified process servers. A person at least 18 years of age who files with the Administrative Office of the Courts an application stating that the movant complies with this Code section and any procedures and requirements set forth in any rules or regulations promulgated by the Judicial Council of Georgia regarding this Code section shall, absent good cause shown, be certified as a process server by the Administrative Office of the Courts. Such certification shall be effective for a period of three years or until such approval is withdrawn by the Administrative Office of the Courts upon good cause shown, whichever shall first occur. Such certified process server shall be entitled to serve in such capacity for any court of the state, anywhere within the state, provided that the sheriff of the county for which process is to be served allows such servers to serve process in such county. (b) Certification procedures.
(1) Any person seeking certification under this Code section shall upon applying for certification present evidence that he or she:
(A) Has undergone a criminal record check based on fingerprints and has never been convicted of a felony or of impersonating a peace officer or other public officer or employee under Code Section 16-10-23; (B) Completed a 12 hour course of instruction relating to service of process which course has been approved by the Administrative Office of the Courts in consultation with the Georgia Sheriffs' Association; (C) Passed a test approved by the Administrative Office of the Courts which will measure the applicant's knowledge of state law regarding serving of process and other papers on various entities and persons; (D) Obtained a commercial surety bond or policy of commercial insurance conditioned to protect members of the public and persons employing the certified process server against any damage arising from any actionable misconduct, error, or omission on the part of the applicant while serving as a certified process server; and (E) Is a citizen of the United States. (2) The Administrative Office of the Courts shall review the application, test score, criminal record check, and such other information or documentation as required by that office. Upon review, the office shall make a fitness determination in accordance with standards and procedures promulgated by the Judicial Council of Georgia as to

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whether the applicant shall be approved for certification and authorized to act as a process server in this state; and the office's determination shall be provided to the applicant in writing. (3) Upon approval the applicant shall complete a written oath as follows: 'I do solemnly swear (or affirm) that I will conduct myself as a process server truly and honestly, justly and uprightly, and according to law; and that I will support the Constitution of the State of Georgia and the Constitution of the United States. I further swear (or affirm) that I will not serve any papers or process in any action where I have a financial or personal interest in the outcome of the matter or where any person to whom I am related by blood or marriage has such an interest.' (c) Renewal and revocation of certification. A certified process server shall be required to renew his or her certification every three years in such manner and at such time as required by the Administrative Office of the Courts. Any certified process server failing to renew his or her certification shall no longer be approved to serve as a certified process server. At the time of renewal, the certified process server shall provide evidence that he or she has completed three annual five-hour courses of continuing education which courses have been approved by the Administrative Office of the Courts and has undergone an updated criminal record check. The certification of a process server may be revoked for cause at any time, in accordance with procedures established by the Administrative Office of the Courts. (d) Fees. The Administrative Office of Courts shall establish fees to be charged for the administration of this Code section such that the revenue generated from such fees shall approximate the total direct and indirect costs of administering this Code section. (e) Appeals. Any disciplinary action of the board may be appealed by the aggrieved person to the Judicial Council, which shall have the power to review the determination by the Administrative Office of the Courts. (f) Service by off-duty deputy sheriff. An off-duty deputy sheriff may serve process with the approval of the sheriff by whom he or she is employed and shall be exempt from certification under this Code section. (g) Impersonation of public officer or employee. It shall be unlawful for a certified process server to falsely hold himself or herself out as a peace officer or public officer or employee and any violation shall be punished as provided in Code Section 16-10-23. (h) Notice to sheriff. (1) Prior to the first time that a certified process server serves process in any county he or she shall file with the sheriff of the county a written notice, in such form as shall be prescribed by the Administrative Office of the Courts, of his or her intent to serve process in that county. Such notice shall only be accepted by a sheriff who allows certified process servers to serve process in his or her county. Such notice shall be effective for a period of one year; and a new notice shall be filed before the certified process server again serves process in that county after expiration of the one-year period. (2) The provisions of this subsection shall not apply to a certified process server who was appointed by the court to serve process or who was appointed as a permanent process server by a court.

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(i) Credentials. The Administrative Office of the Courts shall at the time of certification provide credentials in the form of an identification card to each certified process server. The identification card shall be designed to clearly distinguish it from any form of credentials issued to certified peace officers and will not be in the shape or form of a law enforcement badge. A certified process server shall display his or her credentials at all times while engaged in the service of process. (j) False representation. It shall be unlawful for any person who is not a certified process server to hold himself or herself out as being a certified process server. Any person who violates this subsection shall upon conviction be guilty of a misdemeanor. (k) Sunset and legislative review. This Code section shall be repealed effective July 1, 2015, unless continued in effect by the General Assembly prior to that date. At its 2013 regular session the General Assembly shall review this Code section to determine whether it should be continued in effect; and the Administrative Office of the Courts shall make a report to the General Assembly to assist in that review."

SECTION 5. This Act shall become effective on July 1, 2010.

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:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton

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Y Butler E Byrd N Carter, A Y Carter, B E Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 9.

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 17. By Senators Harp of the 29th, Johnson of the 1st and Hooks of the 14th:

A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, as to increase filing fees and fines for campaign disclosure reports, financial disclosure statements, and lobbyist disclosure reports that are filed late; to provide for related matters; to repeal conflicting laws; and for other purposes.

SB 169. By Senators Hudgens of the 47th, Williams of the 19th, Rogers of the 21st, Thomas of the 54th, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to 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 for

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standards for physicians and facilities performing in vitro fertilizations; to provide for judicial standards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 549. By Representatives Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; 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 Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide transmittal of information to the Secretary of State regarding jurors who declare themselves as not being a citizen of the United States; to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; to provide for related matters to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, is amended by revising Code Section 21-2-231, relating to monthly transmittal of information to the Secretary of State and removal of persons from the list of electors, as follows:
"21-2-231. (a) 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 that county. The Secretary of State

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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. (a.1) 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 identify themselves as not being citizens of the United States during their qualification to serve as a juror during the preceding calendar month in that county. (b) The judge of the probate 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 declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed. (c) Upon receipt of the lists described in subsections (a), (a.1), and (b) of this Code section and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove all such names from the list of electors and shall mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail. (d) 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. Additionally, the Secretary of State is authorized to obtain such lists of deceased Georgia electors, if possible, from other states. (e) Upon receipt of the lists described in subsection (d) of this Code section, the Secretary of State or his or her designated agent shall remove all such names of deceased persons from the list of electors and shall notify the registrar in the county where the deceased person was domiciled at the time of his or her death. (f) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the county governing authority for whom the registrars are acting to a fine by the State Election Board."

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SECTION 2. Article 1 of 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 and furnishing of information on licensees, by revising paragraph (7) of subsection (f) as follows:
"(7) The lists required to be made available to boards of jury commissioners and the Administrative Office of the Courts pursuant to Code Section 15-12-40 regarding county residents who are the holders of drivers' licenses or personal identification cards issued pursuant to this chapter. Such lists shall identify each such person by name, address, date of birth, gender, driver's license or personal identification card number issued pursuant to the provisions of this chapter, and gender, and, whenever racial and ethnic information is collected by the department for purposes of voter registration pursuant to Code Section 21-2-221, by racial or ethnic group the department shall also provide such information. The department shall also provide the address, effective date, document issue date, document expiration date, and the date of the most recent conviction on department records regarding such person, and shall indicate whether the document is a driver's license or a personal identification card."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T

Y Manning Y Marin
Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre

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Y Bryant Y Buckner Y Burkhalter Y Burns
Butler E Byrd Y Carter, A Y Carter, B E Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Floyd Y Fludd Y Franklin
Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 639. By Representatives Dollar of the 45th, Butler of the 18th, Lane of the 167th, Burkhalter of the 50th, Keen of the 179th 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 supporting the protection of wild dolphins in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to EarthEcho International, Inc., for scientific research to conserve the ocean environment and protect wild dolphins; to repeal conflicting laws; and for other purposes.

The following substitute, offered by the Committee on Rules, was read and adopted:

A BILL

To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide a special license plate supporting the protection of wild dolphins in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to EarthEcho International, Inc., for scientific research to conserve the ocean environment and protect wild dolphins; to provide for a special license plate supporting the Georgia Aquarium in

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its mission to promote the conservation of aquatic biodiversity throughout the world; 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 in 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 new paragraphs to subsection (o) as follows:
"(40) A special license plate supporting the protection of wild dolphins in Georgia waters. The funds raised by the sale of this special license plate shall be disbursed to EarthEcho International, Inc., for use in scientific research, conservation, and educational programs that serve to restore and protect the ocean environment and freshwater systems and to protect wild dolphins. Up to 25 percent of the funds may be utilized for continuing promotion and marketing of the license plate. (41) A special license plate for the Georgia Aquarium to support its mission as an entertaining, educational, and scientific institution and to promote the conservation of aquatic biodiversity throughout the world. The funds raised by the sale of this special plate shall be disbursed to Georgia Aquarium, Inc."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V

THURSDAY, MARCH 12, 2009

2965

Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter, A Y Carter, B E Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

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 Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice N Roberts Y Rogers

Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 8.

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

HB 350. By Representatives Martin of the 47th and Barnard of the 166th:

A BILL to be entitled an Act to amend Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, so as to provide conditions for claiming exemptions by hospitals and other organizations that provide emergency health care services to inmates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

To amend Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, so as to provide conditions for claiming exemptions by hospital authorities that provide emergency health care services to inmates; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, is amended by adding a new subsection to read as follows:
"(c) As a condition for claiming an exemption pursuant to paragraph (6) of Code Section 48-8-3, a hospital not under contract with the department, created pursuant to Article 4 of Chapter 7 of Title 31, and organized pursuant to Section 501(c) of the federal Internal Revenue Code that provides emergent health care services to a state inmate shall:
(1) Charge an amount not to exceed the applicable Georgia Medicaid rate for such services; (2) Treat the emergent condition wholly and completely such that any reasonably apparent injuries associated with the condition are also treated; and (3) Not discharge a state inmate with an emergent condition so as to require an immediate transfer to another provider for the same condition unless the standard of care would require a transfer. For purposes of this subsection, the term 'state inmate' means any inmate for whom the department shall be responsible for the payment of medical care thereof. Nothing in this Code section shall prohibit the department from negotiating fees or rates with health care providers."
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 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, so as to provide conditions for claiming exemptions by hospitals that provide emergency health care services to inmates; 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:

THURSDAY, MARCH 12, 2009

2967

SECTION 1. Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, is amended by adding a new subsection to read as follows:
"(c) A hospital or other health care facility licensed or established pursuant to Chapter 7 of Title 31 that provides emergent health care services to a state inmate, and which is not a party to a contract with the department, shall:
(1) Charge an amount not to exceed the applicable Georgia Medicaid rate for such services; (2) Treat the emergent condition wholly and completely such that any reasonably apparent injuries associated with the condition are also treated; and (3) Not discharge a state inmate with an emergent condition so as to require an immediate transfer to another provider for the same condition unless the standard of care would require a transfer. For purposes of this subsection, the term 'state inmate' means any inmate for whom the department shall be responsible for the payment of medical care thereof. Nothing in this Code section shall prohibit the department from negotiating fees or rates with health care providers."

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:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart

Y Heckstall Y Hembree
Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan

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 Sinkfield Y Smith, B Y Smith, L

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Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin
Frazier Y Fullerton
Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y James 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 Lindsey E Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 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 475. By Representatives Cooper of the 41st, Harbin of the 118th, Lindsey of the 54th, Houston of the 170th, Wilkinson of the 52nd 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 revise certain provisions relating to requirements for registered professional nurses in nontraditional nursing education programs; 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

THURSDAY, MARCH 12, 2009

2969

To amend Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Registered Professional Nurse Practice Act," so as to revise certain provisions relating to requirements for registered professional nurses in nontraditional nursing education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Registered Professional Nurse Practice Act," is amended by revising Code Section 43-26-7, relating to requirements for licensure as a registered professional nurse, as follows:
"43-26-7. (a) Any applicant who meets the requirements of this Code section shall be eligible for licensure as a registered professional nurse. (b) An applicant for licensure by examination shall:
(1) Submit a completed written application and fee; (2) 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. For purposes of this paragraph, a nontraditional nursing education program that:
(A) Provides concurrent instruction in theory along with clinical teaching and clinical practice for its program participants; (B) Requires that program participants complete a minimum of 350 hours of clinical practice if the applicant entered the nontraditional nursing education program as a licensed practical nurse or 700 hours of clinical practice for any other applicants; (C) Arranges the participant's clinical practice in such settings and with such supervision as approved by the board; and (D) Only accepts licensed practical nurses licensed in states with requirements for such licensure equivalent to or greater than Georgia requirements into the program shall be deemed to meet criteria similar to, and not less stringent than, those established by the board. For purposes of this paragraph, the term 'nontraditional nursing education program' means a program which provides instruction in theory primarily by self-study, including online courses, and the term 'clinical practice' means face-to-face supervised clinical instruction with actual patients in a variety of patient settings, including, but not limited to, pediatrics, obstetrics and gynecology, medical-surgical, emergency, and mental illness. Students who, before July 1, 2008, entered a nontraditional nursing education program which does not meet the requirements of this paragraph and complete such program no later than December 31, 2010, shall be deemed to meet the criteria of this paragraph. A nontraditional nursing education program which does not meet the requirements of this paragraph

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JOURNAL OF THE HOUSE

and which solicits students in Georgia shall provide notice to its students in its applications and letters of acceptance that such program may be amended to include a requirement to complete clinical teaching and clinical practice to comply with Georgia law for students graduating after December 31, 2010; (3) Pass a board recognized licensing examination; provided, however, that such examination may not be taken prior to graduation from the nursing education program; (4) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination 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 such background check; and (5) Meet such other criteria as established by the board. (c) An applicant for licensure by endorsement shall: (1) Submit a completed written application and fee; (2) Have passed a board recognized licensing examination following graduation from a nursing education program, including a nontraditional program, approved by the board or which meets criteria similar to, and not less stringent than, those established by the board; (3) Submit verification of initial and current licensure in any other licensing jurisdiction administering a board recognized licensing examination;
(4)(A) 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 within the four years immediately preceding the date of the application; (B) If graduated from a nontraditional nursing education program, have practiced nursing as a registered professional nurse in a clinical setting for at least one year preceding the date of the application and such practice is documented by the applicant and approved by the board; or (C) If graduated from a nontraditional nursing education program, have practiced nursing as a registered professional nurse in a clinical setting for less than one year preceding the date of the application and such practice is documented by the applicant and approved by the board, such applicant shall be authorized and required to complete 300 clinical nursing hours to meet the requirements of this paragraph; For purposes of this paragraph, the term 'nontraditional nursing education program' means a program which provides instruction in theory primarily by self-study, including online courses, and the term 'clinical practice' means face-to-face supervised clinical instruction with actual patients in a variety of patient settings, including, but

THURSDAY, MARCH 12, 2009

2971

not limited to, pediatrics, obstetrics and gynecology, medical-surgical, emergency, and mental illness. (5) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination 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 such background check; and (6) Meet such other criteria as established by the board. (d) An applicant for reinstatement who has previously held a valid license in Georgia shall: (1) Submit a completed written application and fee; (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; (3) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination 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 such background check; and (4) Meet such other criteria as established by the board."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler

Y Heckstall Y Hembree N Henson Y Hill, C

Y Manning Y Marin Y Martin Y Maxwell

Y Rynders Y Scott, A Y Scott, M Y Sellier

2972

JOURNAL OF THE HOUSE

Y Anderson Ashe
Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter N Burns Y Butler E Byrd N Carter, A N Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey E Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice N Roberts Y Rogers

Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker N Weldon 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 13.

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

HB 493. By Representatives Brooks of the 63rd, Smyre of the 132nd, Porter of the 143rd, Burkhalter of the 50th, Keen of the 179th and others:

A BILL to be entitled an Act to amend Chapter 11 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Youth Conservation Corps, so as to change certain provisions relating to creation and purposes of the corps and rules and regulations related thereto; to change certain provisions relating to the director and administration of corps programs; to change certain provisions relating to location of and contracts for projects and prohibited uses of corps members; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 12, 2009

2973

The report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton
Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd E Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey E Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 161, nays 2.

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Wix Y Yates Richardson, Speaker

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

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR #2 THURSDAY, MARCH 12, 2009

2974

JOURNAL OF THE HOUSE

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 30th Legislative Day as enumerated below:

Day 30 Debate Special Rule

Pursuant to House Rules 33.3 and 81, after the first speaker has yielded the well, debate on each bill shall be limited to one hour.

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

None

Modified Structured Rule

HB 435 HB 553

Georgia Technology Authority; certain sales and use tax; exempt (W&MParsons-42nd) Local Government Equipment Financing Authority Act; create (AppLunsford-110th)

Structured Rule

None

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

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

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

HB 553. By Representatives Lunsford of the 110th, Butler of the 18th, Stephens of the 164th, Millar of the 79th, Harbin of the 118th and others:

THURSDAY, MARCH 12, 2009

2975

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 comprehensive regulation of local government equipment financing; to provide for a short title; to provide for legislative purposes; to provide for definitions; to create the Local Government Equipment Financing Authority; to provide for members, qualifications, officers, meetings, and procedures; to provide for powers, duties, and authority of the authority; to provide for procedures, conditions, and limitations; to provide for certain bonds, notes, certificates, bond anticipation notes, and other evidences of indebtedness; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter, A Y Carter, B E Casas N Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson N Floyd Y Fludd N Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves
Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James 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 Y Levitas Y Lindsey E Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B

Y Manning Y Marin Y Martin
Maxwell May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Rice

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 Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix

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JOURNAL OF THE HOUSE

Y Cooper Y Cox

N Hatfield Y Heard

Y Maddox, G Y Mangham

Y Roberts Y Rogers

On the passage of the Bill, the ayes were 157, nays 9.

Y Yates Richardson,
Speaker

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

Due to a mechanical malfunction, the vote of Representative Greene of the 149th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 435. By Representative Parsons of the 42nd:

A BILL to be entitled an Act to amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Technology Authority, so as to exempt the Georgia Technology Authority from certain sales and use taxes; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter, A Y Carter, B

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson

THURSDAY, MARCH 12, 2009

2977

E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece E Reese Y Rice Y Roberts
Rogers

On the passage of the Bill, the ayes were 165, nays 0.

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

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

HB 674. By Representatives Smyre of the 132nd, Hugley of the 133rd and Buckner of the 130th:

A BILL to be entitled an Act to amend Code Section 16-12-60, relating to regulation of bingo games operated by nonprofit organizations, so as to remove the limits on the amounts of prizes which may be awarded in such games; 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 Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to transfer the responsibility for regulation of bingo games and issuance of bingo licenses from the Georgia Bureau of Investigation to the Department of Revenue; to define certain terms relating to bingo; to remove the limits on the amounts of prizes which may be awarded in bingo games operated by nonprofit organizations; 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. Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by revising Part 2, relating to bingo, as follows:

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"Part 2
16-12-50. It is the intention of the General Assembly that, except for recreational bingo by an employer, only nonprofit, tax-exempt organizations which are properly licensed pursuant to this part shall be allowed to operate bingo games.
16-12-51. As used in this part, the term:
(1) 'Bingo game' or 'nonprofit bingo game' means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares and a game of chance played on cards with numbered sections listing winning combinations of letters and number symbols and containing hidden letter and number symbols where each participant receives one or more cards which afford a participant an opportunity to win something of value by opening, detaching, or otherwise removing one or more covers from the card to reveal a set of number and letter symbols. A bingo game may be played manually or with an electronic or computer device that stores the numbers from a player's card or cards, tracks the numbers chosen by lot when such numbers are entered by the player, and notifies the player of a winning combination. Such words, terms, or phrases, as used in this paragraph, shall be strictly construed to include only the series of acts generally defined as bingo and shall exclude all other activity. (2) 'Bingo session' means a time period during which bingo games are played. (3) 'Commissioner' 'Director' means the director of the Georgia Bureau of Investigation state revenue commissioner of the Department of Revenue. (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 which is exempt from taxation under the income tax laws of this state under Code Section 487-25; 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. (4) 'Nonrecreational bingo session' means any bingo session operated by a licensed nonprofit tax exempt organization that:
(A) Awards cash prizes greater than five dollars; (B) Charges participants; (C) Awards prizes for each game valued at more than fifteen dollars; or (D) Does not qualify as a recreational bingo session. (4)(5) 'Operate,' 'operated,' or 'operating' means the direction, supervision, management, operation, control, or guidance of activity. (5)(6) 'Recreational bingo session' means a bingo session operated by any person or entity at no charge to participants in which the prizes for each bingo game during the

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bingo session shall be noncash prizes and the total of such prizes for each such game shall not exceed the amount established pursuant to regulations established by the director. No such noncash prize awarded in recreational bingo shall be exchanged or redeemed for money or for any other prize with a value in excess of the amount established pursuant to regulations established by the director. Recreational bingo shall also include a bingo session operated by a nonprofit, tax-exempt licensed operator of bingo games at no charge to participants in which the participants are senior citizens attending a function at a facility of the tax-exempt licensed organization or are residents of nursing homes, retirement homes, senior centers, or hospitals and in which the prizes for each bingo game during the bingo session shall be nominal cash prizes not to exceed $5.00 for any single prize and the total of such prizes for each such game shall not exceed the amount established pursuant to regulations established by the director. Recreational bingo shall also include a bingo session operated by an employer with ten or more full-time employees for the purposes of providing a safe workplace incentive and in which the prizes are determined by the employer; provided, however, that no monetary consideration is required by any participant other than the employer and the employer expressly prohibits any monetary consideration from any employee. Recreational bingo shall not be considered a lottery as defined in paragraph (4) of Code Section 16-12-20 or a form of gambling as defined in Code Section 16-12-21. a person or entity at no charge to participants and is a bingo session:
(A) In which the prizes for each bingo game during the bingo session shall be noncash prizes, and the total value of the prize for each bingo game shall not exceed the monetary value established by the commissioner or be exchanged or redeemed for money or other prize with a value in excess of the total value established by the commissioner; (B) Operated by a nonprofit, tax-exempt licensed operator of bingo games in which the participants are seniors citizens or disabled persons and are residents of a nursing home, retirement home, senior center, or hospital attending a function at a facility of the tax-exempt licensed organization, and the prize value for each bingo game during a bingo session shall not exceed $5.00 for any single prize or the prize value established by the commissioner for the total prizes; or (C) Operated by an employer with ten or more full-time employees for the purposes of providing a workplace incentive and where the prizes are determined by the employer, no consideration is required to participate, and the employer notifies the employees that consideration is not required to participate; provided, however, that no monetary consideration is required by any participant other than the employer, and the employer expressly prohibits any monetary consideration from any employee. Recreational bingo session shall not be considered a lottery as defined in paragraph (4) of Code Section 16-12-20 or a form of gambling as defined in Code Section 1612-21.

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16-12-52. (a) Any other law to the contrary notwithstanding except for subsection (b) of this Code section, no nonprofit, tax-exempt organization shall be permitted to operate a bingo game until the director commissioner issues a license to the organization authorizing it to do so. In the event of any controversy concerning whether or not certain activity constitutes bingo for which a license may be issued, the decision of the director commissioner shall control. The license described in this Code section is in addition to and not in lieu of any other licenses which may be required by this state or any political subdivision thereof, and no. No bingo game shall be operated until such time as all requisite licenses have been obtained. (b) A recreational bingo session as defined by subparagraph (C) of paragraph (6) of Code Section 16-12-51 shall not be subject to the licensing requirements of this Code section. Recreational bingo is a nonprofit bingo game or a bingo game operated by an employer with ten or more full-time employees for the purpose of providing a safe workplace incentive and shall not be subject to the licensing requirements and regulations provided in this part applicable to bingo games not considered recreational bingo and operated by nonprofit, tax-exempt organizations.
16-12-53. (a) Any nonprofit, tax-exempt organization desiring to obtain a license to operate bingo games shall make application to the director commissioner on forms prescribed by the Georgia Bureau of Investigation commissioner and shall pay an annual fee of $100.00. No license shall be issued to any nonprofit, tax-exempt organization unless the organization has been in existence for 12 months immediately prior to the issuance of the license. The license will shall expire at 12:00 Midnight on December 31 following the granting of the license. Renewal applications for each calendar year shall be filed with the director commissioner prior to January November 1 of each year and shall be on a form prescribed by the Georgia Bureau of Investigation commissioner. (b) Each application for a license and each application for renewal of a license shall contain the following information:
(1) The name and home address of the applicant and, if the applicant is a corporation, association, or other similar legal entity, the names and home addresses of each of the officers of the organization as well as the names and addresses of the directors, or other persons similarly situated of like position or authority, of the organization; (2) The names and home addresses of each of the persons who will be operating, advertising, or promoting the bingo game; (3) The names, business addresses, and home addresses of any persons, organizations, or other legal entities that will act as surety for the applicant or to which the applicant is financially indebted or to which any financial obligation is owed by the applicant and the type of indebtedness; (4) A determination letter from the Internal Revenue Service certifying that the applicant is an organization exempt under federal tax law;

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(5) A statement affirming that the applicant is exempt under the income tax laws of this state under Code Section 48-7-25; (6) The location at which the applicant will conduct the bingo games and, if the premises on which the games are to be conducted is to be leased, a copy of the lease or rental agreement; (7) A statement showing the convictions, if any, for criminal offenses other than minor traffic offenses of each of the persons listed in paragraphs (1), (2), and (3) of this subsection; and (8) Any other necessary and reasonable information which the director commissioner may require. (c) The director commissioner shall refuse to grant a bingo license to any applicant who fails to provide fully the information required by this Code section or who has failed to file a state tax return or pay all state taxes that are due and owing. (d) When a nonprofit, tax-exempt organization which operates or intends to operate bingo games for residents and patients of a retirement home, nursing home, or hospital operated by that organization at which, and during each bingo session, the gross receipts to the nonprofit, tax-exempt organization are or will be limited to $100.00 or less during each such bingo session, and the nonprofit, tax-exempt organization pays or will pay prizes having a total value of $100.00 or less during each bingo session, then, notwithstanding any other provision of this part or any rule or regulation promulgated by the director commissioner pursuant to the provisions of Code Section 16-12-61, neither the applicant nor any of the persons whose names and addresses are required under paragraphs (1) and (2) of subsection (b) of this Code section shall be required to submit or provide fingerprints or photographs as a condition of being granted a license. (e) If the director commissioner determines that an organization has one or more auxiliaries, the members of any such auxiliary may assist in such organization's bingo operations, even if such auxiliary holds a license under this part, and the members of the main organization may assist in the bingo operations of any such licensed auxiliary.
16-12-54. (a) The director commissioner shall have the specific authority to suspend or revoke any license for any violation of this part or for any violation of any rule or regulation promulgated under this part. Any licensee accused of violating any provision of this part or of any rule or regulation promulgated hereunder shall be entitled, unless waived, to a hearing on the matter of the alleged violation conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) By making application for a license under this part, every applicant consents that the director commissioner, as well as any of his or her agents, together with any prosecuting attorney, as well as any of his or her agents, may come upon enter the premises of any licensee or upon any premises on which any licensee is conducting a bingo game for the purpose of examining the accounts and records of the licensee to determine if a violation of this part has occurred.

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(c) The failure to fully cooperate during an inspection or hindering or interfering with an agent in the performance of his or her duties by any licensee or an employee or other person acting on behalf of or with the approval of a licensee, regardless of whether such person is receiving compensation from the licensee, shall be a violation of this part. Interference or hindrance of an agent shall include, but shall not be limited to, disorderly conduct and threatening or appearing to threaten an agent or member of the public.
16-12-55. The director commissioner shall upon the request of any prosecuting attorney or his or her designee certify the status of any organization as to that organization's exemption from payment of state income taxes as a nonprofit organization. The director commissioner shall also upon request issue a certificate indicating whether any particular organization holds a currently valid license to operate a bingo game. Such certificates properly executed shall be admissible in evidence in any prosecution, and Code Section 48-7-60, relative to the disclosure of income tax information, shall not apply to the furnishing of such certificate.
16-12-56. Notwithstanding the other provisions of this part, the director commissioner, upon receiving written application therefor and determining the applicant eligible, shall be authorized to issue a one-time temporary license to a nonprofit, tax-exempt school which will allow it to operate a bingo game session for one day annually for each calendar year. In such cases, the director commissioner shall have the power to waive the license fee provided for in Code Section 16-12-53, to waive the annual report provided for in Code Section 16-12-59, and otherwise promulgate rules and regulations to carry out this Code section.
16-12-57. Bingo games shall be operated only on premises owned:
(1) Owned by the nonprofit, tax-exempt organization operating the bingo game, on property leased; (2) Leased by the nonprofit, tax-exempt organization operating the bingo game and used regularly by that organization for purposes other than the operation of a bingo game,; or on property leased (3) Leased by the nonprofit, tax-exempt organization operating the bingo game from another nonprofit, tax-exempt organization.
16-12-58. No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any license issued under this part unless accompanied by an adult a person 18 years of age or older. No person under the age of 18 years shall be

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permitted to conduct or assist in the conducting of any game of bingo conducted pursuant to any license issued under this part.
16-12-59. On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating bingo games shall file with the director commissioner a report disclosing all receipts and expenditures relating to the operation of bingo games in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection.
16-12-60. (a) A licensee that conducts or operates a bingo session shall maintain the following records for at least three years from the date on which the bingo session is conducted:
(1) An itemized list of the gross receipts for each bingo session; (2) An itemized list of all expenses other than prizes that are incurred in the conducting of the each bingo session as well as the name of each person to whom the expenses are paid and a copy of the receipt for all of the expenses; (3) A list of all prizes awarded during the each bingo session and the name and address of all persons who are winners of prizes of $50.00 or more in value; (4) An itemized list of the recipients other than the licensee of the proceeds of the bingo game, including the name and address of each recipient to whom such funds are distributed; and (5) A record of the number of persons who participate participated in any bingo session conducted by the licensee. (b) A licensee shall: (1) Own all the equipment used to conduct a bingo game or lease such equipment; (2) Display its bingo license conspicuously at the location where the bingo game is conducted; (3) Conduct bingo games only at the single location specified in the licensee's application; and (4) Not conduct more than one bingo session during any one calendar day, which session shall not exceed five hours. (c) No nonprofit, tax-exempt organization shall enter into any contract with any individual, firm, association, or corporation to have such individual, firm, association, or corporation operate bingo games or concessions on behalf of the nonprofit, taxexempt organization. (d) A nonprofit, tax-exempt organization shall not lend its name nor allow its identity to be used by any individual, firm, association, or corporation in the operating or advertising of a bingo game in which said nonprofit, tax-exempt organization is not directly and solely operating the bingo game.

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(e) It shall be unlawful for two or more nonprofit, tax-exempt organizations which are properly licensed pursuant to this part to operate bingo games jointly or to operate bingo games upon the same premises during any 18 hour period at the same time. (f) Reserved. It shall be unlawful to award prizes in excess of $1,500.00 in cash or gifts of equivalent value during any calendar day or $3,000.00 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limits at any combination of locations operated by a single licensee or such licensee's agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limits contained in this Code section. The term "equivalent value" shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game. (g) No person or organization by whatever name or composition thereof shall take any salary, expense money, or fees for the operation of any bingo game, except that not more than $30.00 per day may be paid to one or more individuals for assisting in the conduct of such bingo games on such day. (h) No person or organization shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a bingo game. (i) A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the bingo operations of only two organizations of which such person is a member; provided, however, that such person shall not receive more than $30.00 per day for assisting in the conduct of bingo games regardless of whether such person assists both organizations in the same day.
16-12-61. (a) The director commissioner is authorized to promulgate rules and regulations which he or she deems necessary for the proper administration and enforcement of this part. (b) The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this part or any law which it is his or her duty to administer. (c) Rules and regulations previously adopted by the Georgia Bureau of Investigation which relate to functions performed by the Georgia Department of Revenue under this part shall remain of full force and effect as rules and regulations of the Department of Revenue until amended, repealed, or superseded by rules or regulations adopted by the commissioner. (d) All valid licenses, permits, certificates, and similar authorizations previously issued by the Georgia Bureau of Investigation with respect to any function transferred to the Georgia Department of Revenue as provided in this part shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective as provided by law.
16-12-62. Any person who operates a bingo game for which a license is required without a valid license issued by the director commissioner as provided in this part commits the offense

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of commercial gambling as defined in Code Section 16-12-22 and, upon conviction thereof, shall be punished accordingly. Any person who knowingly aids, abets, or otherwise assists in the operation of a bingo game for which a license is required and has not been obtained as provided in this part similarly commits the offense of commercial gambling. Any person who violates any other provision of this part, including the provisions relating to recreational bingo, shall be guilty of a misdemeanor of a high and aggravated nature. Any person who commits any such violation after having previously been convicted of any violations of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $10,000.00, or both."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
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 transfer the responsibility for regulation of bingo games and issuance of bingo licenses from the Georgia Bureau of Investigation to the Department of Revenue; to raise the limits on the amounts of prizes which may be awarded in such games; to define certain terms relating to bingo; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, is amended by replacing "Director" with "Commissioner" and "director" with "commissioner" wherever the former word occurs in:
(1) Code Section 16-12-51, relating to definitions pertaining to bingo; (2) Code Section 16-12-52, relating to license required to operate bingo game and recreational bingo exception; (3) Code Section 16-12-53, relating to bingo licensing procedures, fees, and renewals; (4) Code Section 16-12-54, relating to revocation of licenses and access to premises by law enforcement agencies;

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(5) Code Section 16-12-55, relating to certification of tax-exempt status of organization, issuance of certificate of licensure, and evidentiary nature of certificate; (6) Code Section 16-12-56, relating to issuance of annual one-day license to nonprofit, tax-exempt school and application; (7) Code Section 16-12-59, relating to annual report to be filed with the director; (8) Code Section 16-12-61, relating to promulgation of necessary rules and regulations by director authorized; and (9) Code Section 16-12-62, relating to penalties.
SECTION 2. Said part is further amended by replacing "Bureau of Investigation" with "Department of Revenue" wherever the former words occur in:
(1) Code Section 16-12-51, relating to definitions pertaining to bingo; and (2) Code Section 16-12-53, relating to bingo licensing procedures, fees, and renewals.
SECTION 3. Said part is further amended by revising paragraph (1) of Code Section 16-12-51, relating to definitions pertaining to bingo, as follows:
"(1) 'Bingo game' or 'nonprofit bingo game' means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares and a game of chance played on cards with numbered sections listing winning combinations of letters and number symbols and containing hidden letter and number symbols where each participant receives one or more cards which afford a participant an opportunity to win something of value by opening, detaching, or otherwise removing one or more covers from the card to reveal a set of number and letter symbols. A bingo game may be played manually or with an electronic or computer device that stores the numbers from a player's card or cards, tracks the numbers chosen by lot when such numbers are entered by the player, and notifies the player of a winning combination. Such words, terms, or phrases, as used in this paragraph, shall be strictly construed to include only the series of acts generally defined as bingo and shall exclude all other activity."
SECTION 4. Said part is further amended in Code Section 16-12-60, relating to regulation of bingo games operated by nonprofit organizations, by revising subsection (f) as follows:
"(f) It shall be unlawful to award prizes in excess of $1,500.00 $15,000.00 in cash or gifts of equivalent value during any calendar day or $3,000.00 $45,000.00 in cash or gifts of equivalent value during any calendar week. It shall be unlawful to exceed such limits at any combination of locations operated by a single licensee or such licensee's agents or employees. It shall be unlawful for two or more licensees to pyramid the valuation of prizes in such manner as to exceed the limits contained in this Code

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section. The term "equivalent value" shall mean the fair market value of the gift on the date the gift is given as the prize in a bingo game."

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, 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 Allison N Amerson Y Anderson Y Ashe N Austin Y Baker Y Barnard N Battles Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter Y Burns Y Butler E Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas N Coan N Cole N Coleman N Collins, D Y Collins, T Y Cooper Y Cox

N Crawford Y Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey Y Dickson N Dobbs N Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart
England Y Epps, C N Epps, J N Everson Y Floyd Y Fludd Y Franklin
Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner Y Harbin N Harden, B N Harden, M N Hatfield
Heard

Y Heckstall N Hembree Y Henson Y Hill, C
Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y 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 Y Levitas Y Lindsey E Long N Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G N Mangham

Y Manning Y Marin Y Martin N Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy N Neal N Nix Y Oliver
O'Neal Parham Y Parrish Y Parsons N Peake N Porter Powell, A Y Powell, J N Pruett N Ralston Y Ramsey Y Randall Y Reece E Reese N Rice Y Roberts Y Rogers

N Rynders Y Scott, A N Scott, M Y Sellier N Setzler Y Shaw N Sheldon Y Shipp
Sims, B Sims, C Y Sinkfield N Smith, B Smith, L Y Smith, R N Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker N Weldon Y Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 107, nays 54.

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

Due to a mechanical malfunction, the vote of Representative Stephenson of the 92nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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 2.

By Representatives Rice of the 51st, Peake of the 137th, Lindsey of the 54th and Graves of the 12th:

A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fair and open grants, so as to require grant recipients to comply with certain provisions of law as a prerequisite to awarding a grant; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and withdrawn:

A BILL

To revise provisions relating to verification of lawful presence of persons receiving public benefits or working for public employers or contractors; to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation in general, so as to provide that the department shall not fund Local Assistance Road Program projects submitted by counties and municipalities not in compliance with employee and public benefit requirements; to provide for certification and verification of compliance; to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to verification of lawful presence within United States of persons applying for public benefits, so as to specify the types of local government actions for which verification is required; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation in general, is amended by adding a new Code section to read as follows:
"32-2-9. (a) On and after January 1, 2010, the department shall not fund any Local Assistance Road Program project submitted by a county or municipality unless the county or municipality:
(1) Is in compliance with Code Section 13-10-91 as determined by the department; and (2) Is in compliance with Code Section 50-36-1 as determined by the department. (b) In the event that funding is withheld because a local government fails to meet the terms of subsection (a) of this Code section, the local government shall become eligible for the project funding once compliance is established. (c) In applying this Code section to counties, withholding of grants shall apply only with respect to failure to comply by the county governing authority or agents or employees over whom the county governing authority has management control. (d) No grant shall be denied to a local government due to the failure of the United States Department of Homeland Security or any successor agency to process, register, or respond to a local government request. (e) Each county and municipality in the state shall annually certify and demonstrate to the department its compliance with Code Sections 13-10-91 and 50-36-1 in such manner as specified by rules and regulations adopted by the department. Compliance shall consist of taking all reasonably necessary steps to participate in the federal work authorization program and the SAVE program or any successor federal programs, including conformity with any federal agency requirements such as providing any required copies of statutory authorization and any required affidavits, letters, memorandums of understanding, or other documentation. The department shall evaluate the certifications so made and may: (1) Disapprove a certification so made if the department finds that the county or municipality is not in compliance after giving the county or municipality notice of its preliminary finding and an opportunity to submit further evidence of compliance; or (2) Require any county or municipality to provide further information as needed by the department to make its determination with respect to compliance. A disapproval of certification or a failure to seek certification shall result in ineligibility under subsection (a) of this Code section. The department shall make an annual report of the counties and municipalities determined to be in compliance and shall transmit copies of the annual report to the appropriations committees of the Senate and House of Representatives."
SECTION 2. Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to verification of lawful presence within United States of persons applying for public benefits, is amended by revising subsection (a) as follows:

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"(a)(1) Except as provided in subsection (c) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state. (2) Except as provided in subsection (b) of this Code section or where exempted by federal law, as it relates to Georgia, the term 'local public benefits' shall include, but not be limited to, any state or local homestead tax exemption, license which is issued as a precondition for engaging in business, or any other local public benefit provided by a local government."
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 revise provisions relating to verification of lawful presence of persons receiving public benefits or working for public employers or contractors; to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation in general, so as to provide that the department shall not fund Local Assistance Road Program projects submitted by counties and municipalities not in compliance with employee and public benefit requirements; to provide for certification and verification of compliance; to amend Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to verification of lawful presence within United States of persons applying for public benefits, so as to specify the types of local government actions for which verification is required; 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 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation in general, is amended by adding a new Code section to read as follows:
"32-2-9. (a) On and after January 1, 2010, the department shall not fund any Local Assistance Road Program project submitted by a county or municipality unless the county or municipality:
(1) Is in compliance with Code Section 13-10-91 as determined by the department; and

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(2) Is in compliance with Code Section 50-36-1 as determined by the department. (b) In the event that funding is withheld because a local government fails to meet the terms of subsection (a) of this Code section, the local government shall become eligible for the project funding once compliance is established. (c) In applying this Code section to counties, withholding of grants shall apply only with respect to failure to comply by the county governing authority or agents or employees over whom the county governing authority has management control. (d) No grant shall be denied to a local government due to the failure of the United States Department of Homeland Security or any successor agency to process, register, or respond to a local government request. (e) Each county and municipality in the state shall annually certify and demonstrate to the department its compliance with Code Sections 13-10-91 and 50-36-1 in such manner as specified by rules and regulations adopted by the department. Compliance shall consist of taking all reasonably necessary steps to participate in the federal work authorization program and the SAVE program or any successor federal programs, including conformity with any federal agency requirements such as providing any required copies of statutory authorization and any required affidavits, letters, memorandums of understanding, or other documentation. Verification of the work authorization status of prison labor shall not be required for compliance. The department shall evaluate the certifications so made and may:
(1) Disapprove a certification so made if the department finds that the county or municipality is not in compliance after giving the county or municipality notice of its preliminary finding and an opportunity to submit further evidence of compliance; or (2) Require any county or municipality to provide further information as needed by the department to make its determination with respect to compliance. A disapproval of certification or a failure to seek certification shall result in ineligibility under subsection (a) of this Code section. The department shall make an annual report of the counties and municipalities determined to be in compliance and shall transmit copies of the annual report to the appropriations committees of the Senate and House of Representatives. (f) This Code section shall not affect the funding of: (1) Any project approved by the department prior to January 1, 2010; or (2) A project where the county was in compliance at the time of project approval but later becomes noncompliant."
SECTION 2. Code Section 50-36-1 of the Official Code of Georgia Annotated, relating to verification of lawful presence within United States of persons applying for public benefits, is amended by revising subsection (a) as follows:
"(a)(1) Except as provided in subsection (c) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local public benefits, as defined in 8

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U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state. (2) Except as provided in subsection (b) of this Code section or where exempted by federal law, as it relates to Georgia, the term 'local public benefits' shall include, but not be limited to, any license which is issued as a precondition for engaging in business or any other local public benefit provided by a local government."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, by substitute.

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield E Benton N Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler E Byrd N Carter, A Y Carter, B E Casas Y Chambers
Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson
Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger Y Glanton E Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James 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 Lindsey E Long Y Loudermilk N Lucas
Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal
Parham Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M
Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 101, nays 64.

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

Representative Dooley of the 38th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 700. By Representatives Smith of the 113th and Hembree of the 67th:

A BILL to be entitled an Act to amend Title 20 of the O.C.G.A., relating to education, so as to provide for utilization by the Board of Regents of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Education Authority (University) of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Higher Education Facilities Authority of certain construction related services of the Georgia State Financing and Investment Commission; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam N Abrams Y Allison N Amerson Y Anderson N Ashe N Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield E Benton Y Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler E Byrd N Carter, A

Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey N Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson Y Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger

E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C N Johnson, T
Jones, J N Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight

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

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B N Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson N Talton N Taylor N Teilhet
Thomas

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

Y Glanton E Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey E Long N Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

N Porter Y Powell, A Y Powell, J N Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 97, nays 69.

N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix Y Yates
Richardson, Speaker

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

HB 395. By Representatives Wilkinson of the 52nd, Burkhalter of the 50th and Martin of the 47th:

A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning state sales and use taxes, so as to extend the sales and use tax exemption for certain tangible personal property used in direct connection with the construction of certain symphony halls; 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 sales and use taxes, so as to extend the exemption for sales of certain tangible personal property used in direct connection with the construction of certain symphony halls; 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 (78) as follows:
"(78)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until September 1, 2009 2011, sales of tangible personal property used in direct connection with the construction of a new

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symphony hall facility owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if the aggregate construction cost of such facility is $200 million or more."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden Y Beasley-Teague Y Benfield E Benton
Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Marin Martin
Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey
Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 1.

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The Bill, having received the requisite constitutional majority, was passed, by substitute.
Due to a mechanical malfunction, the votes of Representatives Smyre of the 132nd and Stephenson of the 92nd were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 129. By Representatives Lindsey of the 54th, Kaiser of the 59th, Ashe of the 56th and Rynders of the 152nd:
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 to, or used in the renovation or expansion of, a zoological institution; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption from state sales and use tax for a limited period of time with respect to sales of certain tangible personal property used for and in the renovation or expansion of a zoological institution; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by 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, 2009, until June 30, 2011, sales of tangible personal property used for and in the renovation or expansion of a zoological institution. (B) As used in this Code section, the term 'zoological institution' means a nonprofit wildlife park, terrestrial institution, or facility which is:

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(i) Open to the public, that exhibits and cares for a collection consisting primarily of animals other than fish, and has received accreditation from the Association of Zoos and Aquariums; and (ii) Located in this state and owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (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. (D) For purposes of this paragraph, the term 'local sales and use tax' means any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (E) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time."
SECTION 2. This Act shall become effective 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 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 for and in the renovation or expansion of a zoological institution; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by deleting "or" at the end of paragraph (85), by

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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, 2009, until June 30, 2011, sales of tangible personal property used for and in the renovation or expansion of a zoological institution. (B) As used in this Code section, the term 'zoological institution' means a nonprofit wildlife park, terrestrial institution, or facility which is:
(i) Open to the public, that exhibits and cares for a collection consisting primarily of animals other than fish, and has received accreditation from the Association of Zoos and Aquariums; and (ii) Located in this state and owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden Y Beasley-Teague Y Benfield E Benton Y Black Y Brooks

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J

E Heckstall Y Hembree Y Henson
Hill, C Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C

Y Manning Marin
Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V

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Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler E Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman
Collins, D Y Collins, T Y Cooper Y Cox

Y Everson Floyd
Y Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey E Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 1.

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

Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Tuesday, March 17, 2009, and the motion prevailed.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Tuesday, March 17, 2009.

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Representative Hall, Atlanta, Georgia

Tuesday, March 17, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden
E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns
E Byrd Carter, A Carter, B
E Casas Chambers Channell Cheokas Coan

Coleman Collins, D Cooper Cox Crawford E Davis, H Davis, S E Dawkins-Haigler Dempsey Dickson Dobbs Dooley Drenner E Dukes Ehrhart England Epps, J Everson Fludd Franklin Frazier E Fullerton Gardner Geisinger Glanton E Golick Gordon Graves Greene

Hamilton Hanner Harbin Harden, B Harden, M Heard E Heckstall Hembree Henson Hill, C Holt Horne Houston Jackson Jacobs James Jerguson Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey

Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning Marin Maxwell Mayo McCall McKillip Meadows Mills Mitchell E Morgan Mosby Murphy Neal Nix O'Neal Parrish Peake Porter Powell, J Ramsey Randall Reece E Reese Rice

Roberts Rogers Rynders Scott, A Sellier Shaw Sheldon Sims, B Sims, C Smith, L Smith, R Smith, T Smyre Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Walker E Weldon Wilkinson Williams, A Williams, E Williams, M E Wix Yates Richardson, Speaker

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

Representatives Butler of the 18th, Collins of the 95th, Day of the 163rd, Dollar of the 45th, Floyd of the 99th, Hatfield of the 177th, Hill of the 180th, Howard of the 121st, Hudson of the 124th, Johnson of the 75th, Jordan of the 77th, Lucas of the 139th, Martin of the 47th, May of the 111th, Millar of the 79th, Morris of the 155th, Oliver of the 83rd, Parham of the 141st, Parsons of the 42nd, Powell of the 29th, Pruett of the 144th, Ralston of the 7th, Scott of the 2nd, Setzler of the 35th, Sinkfield of the 60th, Smith of the 113th, Willard of the 49th, and Williams of the 4th.

TUESDAY, MARCH 17, 2009

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They wish to be recorded as present.
The following communication was received:
House of Representatives Coverdell Legislative Office Building, Room 408
Atlanta, Georgia 30334
March 17, 2009
Clerk Robbie Rivers Georgia House of Representatives 309 State Capitol Atlanta, GA 30334
Dear Mr. Clerk:
Please excuse me from the attendance roll call today, Tuesday, March 17, 2009.
Thank you, /s/ Carolyn F. Hugley
Prayer was offered by Ms. Jane Finley, Conference Lay Leader, North Georgia United Methodist Church, Toccoa, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, Chairman of the Committee on Information and Audits, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.

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4. Reports of Standing Committees.

5. Third reading and passage of Local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

The following communication was received:

State of Georgia Office of the Governor
Atlanta 30334-0900

March 13, 2009

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:

I have signed House Bill 118, the 2009 Supplemental Appropriations Act, in the time required by the Constitution of the State of Georgia. Please be advised that I consider certain non-binding language contained in House Bill 118 as for informational purposes and not an appropriation:

Section 16, pertaining to the Department of Community Health, page 28, line 834; and
Section 16, pertaining to the Department of Community Health, page 30, paragraph between line 904 and 905.

My messages with additional information about another budget item are enclosed.

Sincerely,

/s/ Sonny Perdue

SP:jb

Enclosure

cc: The Honorable Thurbert E. Baker, Attorney General The Honorable Karen Handel, Secretary of State

TUESDAY, MARCH 17, 2009

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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
HB 118 -- Amended FY 2009 Appropriations Bill
Certain non-binding language contained in HB 118 is for informational purposes and not an appropriation.
Intent Language Considered Non-binding
Section 16, pertaining to the Department of Community Health, page 28, line 834:
The General Assembly seeks to earmark funds for a specific vendor, serving specific geographic locations. Pursuant to Op. Att'y Gen. 73-132 and the general law powers of the department, the department is authorized to utilize appropriate procurement and vendor management procedures to ensure that program services intended by the General Assembly are provided in a fair, equitable, efficient and effective manner. The named contractor in this earmark is not prohibited from participating in the department's procurement process.
Section 16, pertaining to the Department of Community Health, page 30, Paragraph between line 904 and 905:
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 2009. This language dictates a matter controlled by general law 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.
Signing Statement of Interpretation
Section 22, pertaining to the Department of Education, page 54, line 1644:
The General Assembly included $145,317,456 of federal stimulus funds from the American Recovery and Reinvestment Act of 2009 ("ARRA") for the Quality Basic Education program in the Department of Education. I am not striking any language in this portion of the budget. While I am confident that our state will receive more than this amount in federal stimulus funds for educational purposes in the current fiscal year, it is impossible at this point to know the allocation of these funds. Because the General Assembly chose to immediately transmit the budget before the U.S. Department of Education has clarified the application process or issued rules and regulations for the use of the stimulus funds, and because I as Governor must certify that Georgia is using

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federal funds in compliance with the ARRA, the intent language contained in this line may be subject to change caused by federal mandates.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the Committees:
HB 736. By Representatives Stephens of the 164th, Manning of the 32nd, Hill of the 180th, Randall of the 138th, Abrams of the 84th 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 public schools to provide parents or guardians of sixth grade female students information concerning the infection and the immunization against the human papillomavirus; to provide for information from the Department of Human Resources; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 737. By Representatives Houston of the 170th, Powell of the 171st and Rynders of the 152nd:
A BILL to be entitled an Act to provide a new charter for the City of Norman Park in Colquitt 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, 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 an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 738. By Representatives Day of the 163rd, Talton of the 145th, Knox of the 24th and Ehrhart of the 36th:
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 pertaining to law enforcement officers and agencies, so as to prohibit quotas or policies demanding arrests or the issuance of citations for the purpose of raising

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revenue; to prohibit withholding or threatening to withhold funding from law enforcement agencies under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Public Safety and Homeland Security.
HB 739. 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.
Referred to the Committee on Retirement.
HB 740. 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 provide that an election to participate in the Regents Retirement Plan in lieu of the Teachers Retirement System of Georgia shall be revocable at will; to provide that persons who elected such participation may elect to participate in the Teachers Retirement System of Georgia; to provide for creditable service; to provide for application and transfer of funds; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 741. By Representative Jackson of the 142nd:
A BILL to be entitled an Act to create the Washington 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

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membership of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; 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 742. By Representatives Oliver of the 83rd, Gardner of the 57th, Lindsey of the 54th and Shipp of the 58th:
A BILL to be entitled an Act to amend Chapter 9 of Title 31 of the O.C.G.A., relating to consent for surgical or medical treatment, so as to provide for additional persons and entities that shall be authorized to consent to surgical or medical treatment on behalf of an incapacitated person; to provide for legislative findings; to provide for immunity; to amend Article 2 of Chapter 4 of Title 29 of the O.C.G.A., relating to procedure for appointment of guardians for adults, so as to provide for expedited judicial intervention for the appointment of a temporary medical consent guardian; to provide for termination of a temporary medical consent guardianship; to provide for immunity; 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 743. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Jordan of the 77th:
A BILL to be entitled an Act to amend an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), so as to revise provisions relating to the ethics commission; to provide for removal of commission members for failure to carry out duties or attend meetings; to provide that the commission shall have the exclusive authority to punish ethical violations by members of the school board; to provide for a budget for the commission; to authorize the commission to adopt a seal; to change provisions relating to procedures and evidentiary rules and standards in proceedings of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Intragovernmental Coordination - Local.
HB 744. By Representative Dukes of the 150th:
A BILL to be entitled an Act to create a board of elections and registration for Baker County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 745. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4409), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 746. By Representative Walker of the 107th:
A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett, approved March 24, 1988 (Ga. L. 1988, p. 4827), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4657), so as to change the terms of the mayor and city councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 747. By Representative Pruett of the 144th:
A BILL to be entitled an Act to repeal an Act authorizing the employment of a certified accountant to audit all county books annually for the county of Bleckley, approved August 16, 1915 (Ga. L. 1915, p. 158), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 625. By Representative Maddox of the 172nd:
A RESOLUTION creating the House Study Committee on Dangerous Dogs; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HR 641. By Representatives Glanton of the 76th, Baker of the 78th, Jordan of the 77th, Sinkfield of the 60th, Johnson of the 75th and others:
A RESOLUTION designating the Lake Spivey Parkway; and for other purposes.
Referred to the Committee on Transportation.
HR 642. By Representatives Coleman of the 97th, Maxwell of the 17th, Everson of the 106th, Millar of the 79th, Dickson of the 6th and others:
A RESOLUTION creating the House Study Committee on Regional Educational Service Agencies; and for other purposes.
Referred to the Committee on Education.
By unanimous consent, the rules were suspended in order that the following Bill and Resolution of the House could be introduced, read the first time and referred to the Committees:
HB 756. By Representatives Shaw of the 176th and Carter of the 175th:
A BILL to be entitled an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for the powers and composition of the board of commissioners; to provide for election districts, qualifications, terms of office, and filling of vacancies of commissioners; to

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provide for submission pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a referendum, severability, contingent effective dates, and automatic repeal; to provide for the repeal of existing enabling legislation; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HR 645. By Representatives Amerson of the 9th, Williams of the 4th, Collins of the 27th, Hamilton of the 23rd and Hembree of the 67th:

A RESOLUTION recognizing the Georgia Appalachian Center for Higher Education at North Georgia College and State University in Dahlonega as Georgia's official Appalachian Center for Higher Education; and for other purposes.

Referred to the Committee on Higher Education.

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

HB 720 HB 721 HB 722 HB 723 HB 724 HB 725 HB 726 HB 727 HB 728 HB 729 HB 730 HB 731 HB 732 HB 733 HB 734 HB 735 HR 606 HR 607 HR 622 HR 624 SB 25 SB 44 SB 57

SB 64 SB 67 SB 82 SB 99 SB 108 SB 149 SB 153 SB 158 SB 170 SB 180 SB 184 SB 188 SB 199 SB 201 SB 210 SB 223 SB 226 SB 233 SB 238 SB 239 SR 257 SR 277 SR 453

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Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 709 HB 710 HB 711

Do Pass Do Pass Do Pass

HB 712 HB 713 SB 191

Do Pass Do Pass Do Pass

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

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

HR 319 HR 371 HR 446

Do Pass Do Pass Do Pass

HR 553 Do Pass HR 627 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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 193 Do Pass SR 333 Do Pass, by Substitute

Respectfully submitted, /s/ Barnard of the 166th
Chairman

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

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HOUSE RULES CALENDAR TUESDAY, MARCH 17, 2009

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 562

Georgians be aware of blind pedestrians; encourage (PS&HS-Harbin118th)

Modified Open Rule

None

Modified Structured Rule

SB 13

Crimes; provide the imposition of life without parole; person convicted of murder independently of a death penalty prosecution (Substitute)(JudyNCGolick-34th) Smith-52nd

Structured Rule

None

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

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

By unanimous consent, the following Bill of the House was withdrawn from the Local Calendar and recommitted to the Committee on Intragovernmental Coordination - Local:

HB 710. By Representatives Greene of the 149th, Powell of the 171st and Dukes of the 150th:

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A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to change certain provisions relating to a definition; to change certain provisions relating to composition, terms, quorum, and voting; to change certain provisions relating to powers of the authority; to change certain provisions relating to bonds of the authority; to change certain provisions relating to rules and regulations; to change certain provisions relating to effects on powers of local governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 709. 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 submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 711. By Representative Morris of the 155th:
A BILL to be entitled an Act to create a board of elections and registration for Toombs County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for procedures; to provide for appointment of a chief election official; to provide for meetings; to provide for employment of full-time and part-time employees; to provide for compensation of board members and employees of the board; to provide for expenditure of public funds for certain 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.

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HB 712. By Representatives O`Neal of the 146th, Sellier of the 136th, Harden of the 147th and Talton of the 145th:
A BILL to be entitled an Act to authorize the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 713. By Representatives O`Neal of the 146th, Sellier of the 136th, Harden of the 147th and Talton of the 145th:
A BILL to be entitled an Act to authorize the governing authority of the City of Perry to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 191. By Senator Henson of the 41st:
A BILL to be entitled an Act to provide a new charter for the City of Stone Mountain; 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 repeal a specific Act; to provide for a referendum; to provide for effective dates; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

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JOURNAL OF THE HOUSE

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

Y Crawford E Davis, H
Davis, S E Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner E Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier E Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson E Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Marin Martin
Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell E Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 146, nays 1.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon E Shipp E Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet
Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Y Yates
Richardson, Speaker

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

By unanimous consent, the following Bill of the Senate was withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

SB 13.

By Senators Smith of the 52nd, Cowsert of the 46th, Tarver of the 22nd, Reed of the 35th, Hamrick of the 30th and others:

A BILL to be entitled an Act 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

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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 provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 630. By Representative Anderson of the 117th:
A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Harlem, approved May 12, 2008 (Ga. L. 2008, p. 3654), so as to provide for a quorum; to provide that the mayor may be counted in the determination of a quorum; to provide for the vote of the mayor on matters before the city council; to provide for a veto by the mayor; to provide procedures for a veto and for overriding such veto; 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 678. By Representatives Buckner of the 130th, Cheokas of the 134th and James of the 135th:
A BILL to be entitled an Act to create a board of elections and registration for Talbot 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 a registrar and the powers and duties thereof; to provide for certain expenditures of public funds; 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.

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JOURNAL OF THE HOUSE

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

SB 7.

By Senator Tarver of the 22nd:

A BILL to be entitled an Act to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly of Georgia, so as to require an oath or affirmation for purposes of presenting certain evidence to a committee or subcommittee of the General Assembly; to amend Article 4 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to perjury and related offenses, so as to change certain provisions relating to false swearing; to provide a short title; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary.

SB 17. By Senators Harp of the 29th, Johnson of the 1st and Hooks of the 14th:

A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, as to increase filing fees and fines for campaign disclosure reports, financial disclosure statements, and lobbyist disclosure reports that are filed late; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ethics.

SB 27.

By Senators Bulloch of the 11th, Heath of the 31st, Hill of the 4th, Pearson of the 51st, Powell of the 23rd and others:

A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create Confederate Heritage and History Month; to provide for legislative findings; to encourage observances and celebrations of Confederate Heritage and History Month; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Special Rules.

SB 36.

By Senators Buckner of the 44th, Seay of the 34th, Jones of the 10th, Tate of the 38th, Sims of the 12th 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,

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3017

so as to provide for the adoption of codes of ethics to govern members of local boards of education; to provide for annual review of such codes of ethics; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Education.

SB 56.

By Senators Butler of the 55th, Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Reed of the 35th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine; to provide a statement of purpose; to provide for definitions; to provide for a misdemeanor penalty for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Judiciary Non-Civil.

SB 77.

By Senators Reed of the 35th, Tate of the 38th, Orrock of the 36th, Fort of the 39th, Jones of the 10th 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 provisions applicable to municipal corporations, so as to create a special district in all municipal corporations which employ in excess of 1,500 police officers and firefighters combined; to impose and levy a special district tax within such districts for the purpose of providing all or a portion of the salaries for police officers and firefighters; to provide for a referendum; to provide for adjustment of such tax rate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ways & Means.

SB 94. 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 that an insured under a group accident and sickness policy may include dependents up to age 25; to provide for related matters; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Insurance.

SB 96.

By Senators Reed of the 35th, Johnson of the 1st, Hooks of the 14th and Brown of the 26th:

A BILL to be entitled an Act to amend Chapter 5 of Title 21 and Title 36 of the Official Code of Georgia Annotated, relating to ethics in government and local government, respectively, so as to provide for ethical reforms; to provide for lobbyist training; to eliminate the requirement that candidates for the General Assembly file copies of their campaign disclosure reports with the election superintendent of the county of such candidate's residence in addition to the State Ethics Commission; to change a definition; to provide for expanded lobbyist disclosure; to change certain provisions relating to lobbyist disclosure reports; to require lobbyist training; to provide for the establishment of ethics panels by elected local governing bodies of counties and municipalities and local school systems; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ethics.

SB 109. By Senator Smith of the 52nd:

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 certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of Georgia, and the Council of Juvenile Court Judges, as appropriate; to provide for certain reporting; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Retirement.

SB 130. By Senators Mullis of the 53rd and Rogers of the 21st:

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 a short title; to provide for legislative intent; to provide definitions; to establish procedures and requirements for the electronic leasepurchase of goods; to provide for data and personal information protection practices; to provide that persons entering into electronic lease-purchase agreements shall receive certain information and have certain rights with regard to the goods that are the subject of such agreements; to provide for

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certain requirements for merchants with regard to websites and data transmission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
SB 160. By Senators Chapman of the 3rd, Douglas of the 17th, Staton of the 18th, Harbison of the 15th, Murphy of the 27th 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.
SB 162. By Senators Grant of the 25th and Williams of the 19th:
A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to authorize security guards and detectives to obtain individual licensure for employment; 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 169. By Senators Hudgens of the 47th, Williams of the 19th, Rogers of the 21st, Thomas of the 54th, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to 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 for standards for physicians and facilities performing in vitro fertilizations; to provide for judicial standards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Science and Technology.
SB 172. By Senators Hamrick of the 30th and Mullis of the 53rd:
A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for recovery for serious mental and emotional trauma; to update legislative intent; to change definitions and provide for a new definition; to change provisions related to filing of claims; to change provisions relating to investigations; to revise the characteristics of persons eligible for awards; to change provisions relating to the board's required findings and effective dates for certain for awards; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st:
A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; 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 207. By Senator Wiles of the 37th:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to admit the general public to hearings in juvenile court with certain exceptions; to authorize a juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to prohibit the media from publicizing the name, identity, or likeness of any child involved in a juvenile court proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the Division of Family and Children Services to inspect files and records without an order of the court; to provide for related

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matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 211. By Senators Johnson of the 1st, Pearson of the 51st, Harbison of the 15th and Crosby of the 13th:
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 the general authority, duties, and procedure for state purchasing, so as to exempt certain purchases from having to go through the Department of Administrative Services; 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 222. By Senators Unterman of the 45th, Hill of the 4th, Williams of the 19th, Grant of the 25th and Goggans of the 7th:
A BILL to be entitled an Act to amend various titles of the O.C.G.A. so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to provide for a board for each agency; to reconstitute the Board of Community Health; to abolish the Board of Human Resources; to establish the position of State Health Officer; 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 228. By Senators Tolleson of the 20th, Grant of the 25th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to provide for buffers along certain tidally influenced state waters; to exempt certain manmade impoundments; to provide for rules and regulations; to provide for applicability; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Natural Resources & Environment.
SB 231. By Senator Weber of the 40th:
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 establish the PROMISE III teacher's scholarship; to provide for eligibility requirements; to provide for service cancelable requirements; to provide for the maximum amount; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Higher Education.
SB 240. By Senators Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Staton of the 18th and Johnson of the 1st:
A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for the comprehensive revision of the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:
A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
SB 246. By Senators Balfour of the 9th, Hawkins of the 49th, Unterman of the 45th and Johnson of the 1st:
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, so as to provide notice of the release of a child from detention

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under certain circumstances; 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 Judiciary Non-Civil.
SB 250. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to prohibited acts relating to public schools, so as to revise provisions relating to unlawful disruption of or interference with the operation of public schools or public school buses; to provide that a mental state of knowledge, intention, or recklessness shall be an element of such offense; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
SB 252. By Senators Thomas of the 54th, Goggans of the 7th, Mullis of the 53rd, Unterman of the 45th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and others, so as to provide for the certification of polysomnographic technologists; to provide a short title; to provide legislative findings; to provide for definitions; to provide for applications to be made to the Composite State Board of Medical Examiners to obtain certification to practice polysomnography; to provide for powers and duties of the board; to provide for certification standards and requirements; to provide for the issuance and renewal of certification; to provide for permitted and prohibited activities; 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 253. By Senators Mullis of the 53rd and Chance of the 16th:
A BILL to be entitled an Act to amend Code Section 25-10-1 of the Official Code of Georgia Annotated, relating to definitions relative to the regulation of fireworks, so as to provide a definition of the term 'indoors'; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

Referred to the Committee on Public Safety and Homeland Security.
SR 117. By Senators Mullis of the 53rd, Stoner of the 6th, Seay of the 34th, Staton of the 18th, Reed of the 35th and others:
A RESOLUTION urging the Georgia Department of Transportation to build a maglev train connecting Hartsfield-Jackson Airport in Atlanta along Interstate 75 with the Chattanooga Municipal Airport (Lovell Field), to be known as the "The Plane Train"; and for other purposes.
Referred to the Committee on Transportation.
SR 176. By Senator Mullis of the 53rd:
A RESOLUTION dedicating the James H. Chandler, Jr. Memorial Intersection; and for other purposes.
Referred to the Committee on Transportation.
SR 274. By Senators Thomas of the 54th and Mullis of the 53rd:
A RESOLUTION designating the tulip poplar adjacent to Dalton City Hall planted October 18, 2006, in Dalton, Georgia, as the official Liberty Tree of Georgia; and for other purposes.
Referred to the Committee on Special Rules.
SR 331. By Senators Hill of the 32nd and Thomas of the 54th:
A RESOLUTION creating the Joint Study Committee on Health Care Transformation; and for other purposes.
Referred to the Committee on Health & Human Services.
SR 402. By Senators Shafer of the 48th, Johnson of the 1st, Mullis of the 53rd, Williams of the 19th, Chapman of the 3rd and others:
A RESOLUTION creating the Joint Telecommunications Comprehensive Reform Study Committee; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.

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SR 431. By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Bulloch of the 11th and Fort of the 39th:
A RESOLUTION designating the Georgia Civil War Heritage Trails; and for other purposes.
Referred to the Committee on Transportation.
SR 464. By Senator Weber of the 40th:
A RESOLUTION urging the Board of Regents of the University System of Georgia and Georgia's private colleges and universities to increase teacher production to meet the state's need for K-12 teachers; and for other purposes.
Referred to the Committee on Higher Education.
SR 465. By Senator Weber of the 40th:
A RESOLUTION recognizing the value of partnerships between local school systems and postsecondary institutions and urging the Board of Regents of the University System of Georgia, Georgia's private colleges and universities, the Department of Education, the Professional Standards Commission, and local school systems to continue to establish and enable such partnerships; and for other purposes.
Referred to the Committee on Higher Education.
SR 466. By Senator Weber of the 40th:
A RESOLUTION establishing the Performance Based Principal Certificate Renewal Design Team; and for other purposes.
Referred to the Committee on Education.
The following members were recognized during the period of Morning Orders and addressed the House:
Harden of the 147th, Holt of the 112th, McCall of the 30th, Everson of the 106th, Scott of the 153rd, Rice of the 51st, Hill of the 21st, and Sims of the 169th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

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HR 319. By Representatives Abdul-Salaam of the 74th, Brooks of the 63rd, Heckstall of the 62nd, Jordan of the 77th, Frazier of the 123rd and others:
A RESOLUTION recognizing and commending the Most Worshipful Smooth Ashlar Grand Lodge Free Accepted Ancient Yorkrite Masons, Prince Hall Origin National Compact, Jurisdiction of Georgia, and its affiliate, Smooth Ashlar Grand Chapter Order of Eastern Star, and inviting their membership to appear before the House of Representatives; and for other purposes.
HR 371. By Representatives Glanton of the 76th and Baker of the 78th:
A RESOLUTION recognizing and commending the Clayton County Water Authority and inviting them to appear before the House of Representatives; and for other purposes.
HR 446. By Representatives Porter of the 143rd, Randall of the 138th, Lucas of the 139th, Peake of the 137th, Sellier of the 136th and others:
A RESOLUTION honoring Dr. Bruce Stuart Allen on the occasion of his appointment as the first Honorary Consul of the Principality of Liechtenstein and inviting Her Excellency Claudia Fritsche, the Ambassador of Liechtenstein to the United States of America, and Dr. Allen to appear before the House of Representatives; and for other purposes.
HR 553. By Representatives Taylor of the 55th, Ashe of the 56th, Sinkfield of the 60th, Bruce of the 64th, Shipp of the 58th and others:
A RESOLUTION recognizing Ms. Beverly Hall and inviting her to appear before the House of Representatives; and for other purposes.
HR 627. By Representatives Burns of the 157th, Stephens of the 164th, Greene of the 149th, Keen of the 179th, Burkhalter of the 50th and others:
A RESOLUTION celebrating the 275th anniversary of the arrival of the first Salzburgers in Georgia, commending the Georgia Salzburger Society, 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 Resolution of the House was taken up for consideration and read the third time:

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HR 562. By Representatives Harbin of the 118th, Day of the 163rd, Rogers of the 26th, Hanner of the 148th, Neal of the 1st and others:

A RESOLUTION encouraging all Georgians to be aware of blind pedestrians and their rights and directing the Department of Driver Services to review and assess their current efforts to inform new and experienced drivers that persons with visual impairments have the right of way at all times; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y 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 E Collins, D Y Collins, T
Cooper Y Cox

Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley
Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier E Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson E Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon E Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Y Yates
Richardson, Speaker

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On the adoption of the Resolution, the ayes were 159, nays 0.

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

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Transportation and referred to the Committee on Motor Vehicles:

SB 67.

By Senators Murphy of the 27th, Rogers of the 21st, Pearson of the 51st, Mullis of the 53rd, Heath of the 31st and others:

A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for certain drivers' licenses, so as to provide that such examinations shall be administered only in the English language; to provide for an exception; to repeal conflicting laws; and for other purposes.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 652. By Representatives Day of the 163rd, Talton of the 145th, Collins of the 27th, Frazier of the 123rd, Horne of the 71st and others:

A RESOLUTION recognizing and commending Business Executives for National Security (BENS) and the Georgia Business Force 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 643. By Representative Harden of the 147th:

A RESOLUTION recognizing and commending Miss Lindsey Marie Mann, 2009 Georgia Watermelon Queen; and for other purposes.

HR 644. By Representatives Lunsford of the 110th and Cooper of the 41st:

A RESOLUTION recognizing and commending Georgia State University's Legislative Health Policy Certificate Program; and for other purposes.

HR 653. By Representatives Burns of the 157th, Carter of the 159th, Stephens of the 164th and McCall of the 30th:

A RESOLUTION honoring the life and memory of Mrs. Mary Olive Butler Ratchford; and for other purposes.

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HR 654. By Representatives Burns of the 157th, Carter of the 159th and Stephens of the 164th:
A RESOLUTION recognizing and commending the Effingham County High School wrestling team on winning the 2009 Class AAAA State Championship; and for other purposes.
HR 655. By Representative Jerguson of the 22nd:
A RESOLUTION recognizing and commending Zach Frey; and for other purposes.
HR 656. By Representative Cooper of the 41st:
A RESOLUTION honoring and celebrating the 95th birthday of Mrs. Dorothy Schmidt; and for other purposes.
HR 657. By Representatives Day of the 163rd and Neal of the 1st:
A RESOLUTION recognizing and commending A Child is Missing; and for other purposes.
HR 658. By Representatives Day of the 163rd, Talton of the 145th, Collins of the 27th, Frazier of the 123rd, Horne of the 71st and others:
A RESOLUTION recognizing and commending Business Executives for National Security (BENS) and the Georgia Business Force; and for other purposes.
HR 659. By Representatives Lane of the 158th, Burns of the 157th, Parrish of the 156th, Burkhalter of the 50th, Keen of the 179th and others:
A RESOLUTION honoring the life and memory of Mr. Johnny James McGlamery; and for other purposes.
HR 660. By Representatives Coleman of the 97th, Thomas of the 100th, Floyd of the 99th, Sheldon of the 105th, Cox of the 102nd and others:
A RESOLUTION recognizing and commending the Atlanta Chapter of the National Railway Historical Society on the occasion of its 50th anniversary; and for other purposes.

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HR 661. By Representatives Benfield of the 85th, Drenner of the 86th, Abrams of the 84th and Oliver of the 83rd:
A RESOLUTION congratulating the Renfroe Middle School climate change project participants for winning first place at the Georgia Conservancy 2009 Youth Environmental Symposium; and for other purposes.
HR 662. By Representatives Coleman of the 97th, Maxwell of the 17th, Everson of the 106th, Millar of the 79th, Dickson of the 6th and others:
A RESOLUTION recognizing and commending Ms. Jeannie "Sis" M. Henry; and for other purposes.
HR 663. By Representatives Morgan of the 39th, Brooks of the 63rd, Mangham of the 94th, Collins of the 95th and Heckstall of the 62nd:
A RESOLUTION recognizing and honoring the life of Mr. Donald "Don" G. Allen; and for other purposes.
HR 664. By Representative Dobbs of the 53rd:
A RESOLUTION congratulating the Westminster High School girls volleyball team on winning the 2008 Class AA/A State Championship; and for other purposes.
HR 665. By Representative Dobbs of the 53rd:
A RESOLUTION congratulating the Westminster High School boys cross country team for their victorious performance in the 2008 Class AA State Championship; and for other purposes.
HR 666. By Representative Teilhet of the 40th:
A RESOLUTION recognizing and commending Curtis "Blaine" Brentzel III; and for other purposes.
HR 667. By Representatives Gardner of the 57th, Hill of the 180th, Manning of the 32nd, Buckner of the 130th, Frazier of the 123rd and others:
A RESOLUTION commending Sylvia Russell upon being recognized by the Women's Legislative Caucus; and for other purposes.

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HR 668. By Representatives Gardner of the 57th, Hill of the 180th, Manning of the 32nd, Buckner of the 130th, Frazier of the 123rd and others:
A RESOLUTION commending Suzanne Sitherwood upon being recognized by the Women's Legislative Caucus; and for other purposes.
HR 669. By Representatives Parrish of the 156th, Channell of the 116th, Gardner of the 57th, Stephens of the 164th and Shaw of the 176th:
A RESOLUTION recognizing and commending Murphy's Restaurant and owner Mr. Tom Murphy; 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 11:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Wednesday, March 18, 2009

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 Allison Amerson Anderson Ashe Baker Barnard Battles Bearden
E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Carter, A Carter, B Casas Chambers Channell Cheokas Coleman Collins, D Collins, T Cox Crawford

Davis, H Dawkins-Haigler Day Dempsey Dickson Dobbs Dollar Dooley Drenner Ehrhart England Epps, J Everson E Floyd Fludd Franklin Frazier Gardner Geisinger Glanton Gordon Graves Greene Hamilton E Harbin Harden, B Harden, M Hatfield Heard Hembree E Hill, C

Hill, C.A Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson, T Jones, J Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Loudermilk Lucas Lunsford Maddox, B Maddox, G Mangham Manning Marin Martin

Maxwell May Mayo McCall McKillip Meadows Mills Mitchell Morgan Mosby E Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, J Pruett Ralston Ramsey Randall Reece Reese Roberts Rogers Rynders

Scott, A Scott, M Sellier Shaw E Sheldon E Shipp Sims, C Sinkfield Smith, B Smith, L Smith, R Smith, T Smith, V Stephens, M Stephens, R Stephenson Talton Teilhet Thomas Thompson E Weldon Wilkinson Willard Williams, A Williams, E Williams, M Williams, R Wix E Yates Richardson, Speaker

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

Representatives Abrams of the 84th, Austin of the 10th, Byrd of the 20th, Coan of the 101st, Cooper of the 41st, Davis of the 109th, Golick of the 34th, Henson of the 87th, Hudson of the 124th, Johnson of the 75th, Jordan of the 77th, Millar of the 79th, Morris of the 155th, Powell of the 29th, Rice of the 51st, Setzler of the 35th, Sims of the 119th, Taylor of the 55th, and Walker of the 107th.

They wish to be recorded as present.

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Prayer was offered by Pastor Dexter Jordan, Stone Creek Baptist Church, Dry Branch, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 748. By Representative Battles of the 15th:
A BILL to be entitled an Act to authorize the governing authority of the City of Cartersville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 749. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Montgomery County Board of Commissioners, approved February 27, 1953 (Ga. L. 1953, p. 2740), so as to provide that such board shall meet at a certain time and date monthly; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 750. By Representative Battles of the 15th:
A BILL to be entitled an Act to authorize the governing authority of Bartow County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 751. By Representative Pruett of the 144th:
A BILL to be entitled an Act to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to provide for staggered terms for members of the board of education; to provide for continuation in office of certain members; to provide for election and terms of office for subsequent members; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 752. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to reduce the number of councilmembers; to change the manner and method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

WEDNESDAY, MARCH 18, 2009

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HB 753. By Representative Maddox of the 127th:
A BILL to be entitled an Act to provide for a homestead exemption from Pike 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 754. By Representatives Parrish of the 156th, Morris of the 155th and Jackson of the 142nd:
A BILL to be entitled an Act to amend an Act to incorporate the Town of Oak Park, in the County of Emanuel, approved July 18, 1929 (Ga. L. 1929, p. 1241), as amended, so as to provide for a municipal court; to provide for a judge of such court; to provide for the jurisdiction, functions, practices, procedures, duties, and responsibilities of such court; to provide for the right of certiorari; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 755. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of Telfair County, approved June 3, 2003 (Ga. L. 2003, p. 3992), so as to provide for commissioner districts; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the election of the chairperson from the county at large; 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 provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 757. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), and by an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 758. By Representative Ashe of the 56th:
A BILL to be entitled an Act to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for grants for pilot projects to encourage the lengthening of the school year and the conditions and procedures relating thereto; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 759. By Representative Marin of the 96th:
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 760. By Representatives Houston of the 170th and Powell of the 29th:
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 an effective date and

WEDNESDAY, MARCH 18, 2009

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applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 761. By Representative Mitchell of the 88th:
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 on foreclosures under power of sale and procedure for mailing or delivery of notice to debtor, so as to provide for notice to the occupant of the property of an impending sale of the property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 762. By Representative Scott of the 2nd:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), and an Act approved April 7, 2004 (Ga. L. 2004, p. 3535), so as to provide that the members of the board of commissioners elected to represent Commissioner Districts 1 through 4 shall be required to reside in their respective districts but shall be elected by all of the electors of Dade County; to provide for a referendum; to provide for preclearance pursuant to 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 763. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4454), so as to give to the chairperson of the board of commissioners a vote only in the event of a tie vote; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 764. By Representatives Millar of the 79th, Oliver of the 83rd, Drenner of the 86th, Mitchell of the 88th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), an Act approved April 1, 2005 (Ga. L. 2005, p. 3507), and an Act approved May 18, 2007 (Ga. L. 2007, p. 4064), so as to provide a definition for the governing authority of the City of Dunwoody; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 646. By Representatives Smith of the 129th and Sheldon of the 105th:
A RESOLUTION expressing the sense of the House of Representatives that the Georgia Department of Transportation should develop a strategic plan for building a maglev train connecting Hartsfield-Jackson Airport in Atlanta, along Interstate 75, with the Chattanooga Municipal Airport (Lovell Field), to be known as the "The Plane Train"; and for other purposes.
Referred to the Committee on Transportation.
HR 647. By Representatives Day of the 163rd, Chambers of the 81st, Harbin of the 118th, Stephens of the 164th and Byrd of the 20th:
A RESOLUTION creating the House Study Committee on State Agency Accountability; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HR 648. By Representatives Houston of the 170th and Powell of the 29th:
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, 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

WEDNESDAY, MARCH 18, 2009

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

Referred to the Committee on Health & Human Services.

HR 649. By Representative Marin of the 96th:

A RESOLUTION urging the National Institutes of Health and the United States Congress to take certain action with respect to the use of mercury; and for other purposes.

Referred to the Committee on Health & Human Services.

HR 650. By Representatives Gardner of the 57th, Manning of the 32nd, Cooper of the 41st, Porter of the 143rd, Oliver of the 83rd and others:

A RESOLUTION creating the House Study Committee on Autism; and for other purposes.

Referred to the Committee on Insurance.

HR 651. By Representatives Graves of the 12th, Keen of the 179th, Harbin of the 118th, O`Neal of the 146th, Roberts of the 154th and others:

A RESOLUTION creating the House Study Committee on Business Income Tax Elimination and Job Creation; and for other purposes.

Referred to the Committee on Ways & Means.

HR 671. By Representative Shaw of the 176th:

A RESOLUTION celebrating the life of Edith C. Fulgham and dedicating a bridge in her 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 736 HB 737 HB 738 HB 739

SB 130 SB 160 SB 162 SB 169

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JOURNAL OF THE HOUSE

HB 740 HB 741 HB 742 HB 743 HB 744 HB 745 HB 746 HB 747 HB 756 HR 625 HR 641 HR 642 HR 645 SB 7 SB 17 SB 27 SB 36 SB 56 SB 77 SB 94 SB 96 SB 109

SB 172 SB 195 SB 207 SB 211 SB 222 SB 228 SB 231 SB 240 SB 244 SB 246 SB 250 SB 252 SB 253 SR 117 SR 176 SR 274 SR 331 SR 402 SR 431 SR 464 SR 465 SR 466

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 119 Do Pass, by Substitute

Respectfully submitted, /s/ Harbin of the 118th
Chairman

Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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3041

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

SB 63 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 720 HB 722 HB 723 HB 724 HB 725

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 726 HB 728 HB 732 SB 154

Do Pass Do Pass Do Pass Do Pass

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

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

HR 372 Do Pass HR 589 Do Pass
The following report of the Committee on Rules was read and adopted:

HOUSE RULES CALENDAR WEDNESDAY, MARCH 18, 2009

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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

None

Modified Open Rule

None

Modified Structured Rule

HR 334 SB 80

Congress of the United States; oppose Freedom of Choice Act; urge (RulesKeen-179th) Food Standards, Labeling/Adulteration; requirements for testing of samples/specimens of food; prohibited acts; change certain prov. (Substitute)(A&CA-McCall-30th) 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

By unanimous consent, the following Bill of the House was withdrawn from the Local Calendar and referred to the Committee on Intragovernmental Coordination - Local:

HB 732. 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 citizens of the Ware County School District shall have the right to address or speak to the board of

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education on official actions or other topics relating to the business of the board of education at meetings of the board of education by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 720. By Representative Smith of the 129th:
A BILL to be entitled an Act to authorize the City of West Point 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 722. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Sinkfield of the 60th:
A BILL to be entitled an Act to authorize the governing authority of Clayton County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 723. By Representatives Anderson of the 117th, Harbin of the 118th and Sims of the 119th:
A BILL to be entitled an Act to amend an Act to create a board of elections for Columbia County and provide for its powers and duties, approved March 23, 1993 (Ga. L. 1993, p. 4180), as amended, so as to revise certain term limitations on members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 724. By Representatives Austin of the 10th and Harden of the 28th:
A BILL to be entitled an Act to reincorporate and provide a new charter for the Town of Alto, Georgia; to provide for the corporate limits of the town, the powers of the town, and the form and method of government of the town; to provide for a town manager; to provide for the administration of town affairs; to provide for the municipal court of the town; to provide for elections for town offices; to provide for taxation by the town; to provide for financial management of the town; to provide for the financial and fiscal affairs of the town; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for related matters; to provide for specific 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 725. By Representatives Parrish of the 156th, Jackson of the 142nd and Porter of the 143rd:
A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved March 1, 2004 (Ga. L. 2004, p. 3512), so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; 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.
HB 726. By Representatives Parrish of the 156th, Jackson of the 142nd and Porter of the 143rd:
A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), so as to again reapportion or redistrict such districts; 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.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 728. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act to create and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. 3223), so as to change the reimbursement of members of the authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 154. By Senators Harp of the 29th, Hamrick of the 30th and Seabaugh of the 28th:
A BILL to be entitled an Act to amend an Act providing a supplemental salary for the judges of the Superior Court of the Coweta Judicial Circuit, approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 92), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4254), so as to change the supplemental salaries for such judges; to provide for the apportionment of such supplement among the counties in the circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 437. By Representative Hudson of the 124th:
A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), so as to provide that the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County; to provide for compensation; to provide for the appointment and compensation of a clerk of the magistrate court; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:

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A BILL
To amend an Act providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), so as to provide that the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County; to provide for compensation; to provide for the appointment and compensation of a clerk of the magistrate court; 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 providing for the Magistrate Court of Warren County, approved March 19, 1984 (Ga. L. 1984, p. 4362), is amended by revising Sections 1, 2, and 3 as follows:
"SECTION 1. The chief magistrate of the Magistrate Court of Warren County in office on the effective date of this Act shall continue to serve as chief magistrate until the earlier of the following:
(1) The expiration of the term of office to which such chief magistrate was appointed; or (2) The time that such chief magistrate otherwise leaves office. Thereafter, the judge of the probate court of Warren County shall serve as the chief magistrate of Warren County.
SECTION 2. In the absence of state law providing the salary to be paid to the judge of the probate court of Warren County for serving as chief magistrate, the compensation of the judge of the probate court for serving as chief magistrate shall be fixed by the governing authority of Warren County and shall be paid in equal monthly installments from funds of Warren County.
SECTION 3. The governing authority of Warren County may provide for the appointment of a clerk of the Magistrate Court of Warren County by the chief magistrate. If the governing authority does not provide for the appointment of a clerk of the magistrate court, then the chief magistrate shall also serve as clerk of the magistrate court. The compensation of the clerk of the magistrate court, or of the chief magistrate serving as clerk, shall be fixed by the governing authority of Warren County and shall be paid in equal monthly installments from funds of Warren County."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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3047

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:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T E Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day E Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C
Hill, C.A Y Holt Y Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson 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 Lindsey Y Long Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo
McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Ralston Y Ramsey Y Randall Y Reece Reese Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp E Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix E Yates
Richardson, Speaker

On the passage of the Bills, and on the agreement to the Senate substitute, the ayes were 147, nays 1.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute.

By unanimous consent, the following Resolution of the Senate was withdrawn from the Committee on Motor Vehicles and referred to the Committee on Natural Resources & Environment:

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SR 109. By Senators Tolleson of the 20th, Mullis of the 53rd, Balfour of the 9th, Pearson of the 51st and Stoner of the 6th:
A RESOLUTION creating the Joint Study Committee on the Retrofit of Diesel Engines; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Intragovernmental Coordination - Local:
HB 646. By Representatives James of the 135th and Harden of the 147th:
A BILL to be entitled an Act to authorize the Magistrate Court of Dooly County to establish and charge a law library fee pursuant to Article 5 of Chapter 10 of Title 15 of the O.C.G.A.; to provide that funds shall be used for the maintenance of the Dooly County law library; to provide that funds collected shall be remitted to the county treasury; to repeal conflicting laws; and for other purposes.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the Senate:
SB 258. By Senator Balfour of the 9th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Snellville, approved April 28, 2001 (Ga. L. 2001, p. 4566), as amended, so as to change provisions relating to voting powers of the mayor; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 59. By Representatives O`Neal of the 146th, Cole of the 125th, Pruett of the 144th, Golick of the 34th and Harden of the 147th:
A BILL to be entitled an Act to amend Title 48 of the O.C.G.A., relating to revenue and taxation, so as to provide for certain exemptions from sales and use taxes on those controlled substances and dangerous drugs, as defined by

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Code Section 16-13-1, lawfully dispensable by prescription for the treatment of natural persons which are either sold or are distributed without charge to physicians, dentists, clinics, hospitals, or any other person or entity located in Georgia by a pharmaceutical manufacturer or distributor; to provide for certain exemptions from sales and use taxes on controlled substances and dangerous drugs, lawfully dispensed without charge for the purposes of a clinical trial approved by an institutional review board which has been accredited by the Association for the Accreditation of Human Research Protection Programs; to repeal conflicting laws; and for other purposes.
HB 427. By Representatives Stephens of the 164th, Willard of the 49th, Williams of the 165th, Hill of the 180th, Gordon of the 162nd and others:
A BILL to be entitled an Act to amend Code Section 36-88-6, relating to criteria for an enterprise zone, so as to provide for certain criteria for pervasive property; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 534. By Representatives Holt of the 112th, Collins of the 95th and Lunsford of the 110th:
A BILL to be entitled an Act to provide for certain rights, powers, and privileges of the Newton County Industrial Development Authority; to define a term; to repeal certain Acts related to the authority; to repeal conflicting laws; and for other purposes.
HB 584. By Representative Powell of the 171st:
A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for Mitchell County, approved March 25, 1996 (Ga. L. 1996, p. 3700); to specify the vehicle registration period for Mitchell County; to repeal conflicting laws; and for other purposes.
HB 626. By Representatives Amerson of the 9th and Ralston of the 7th:
A BILL to be entitled an Act to authorize the governing authority of Dawson County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 638. By Representative Allison of the 8th:
A BILL to be entitled an Act to authorize the governing authority of the City of Helen to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 657. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to change the powers, duties, and authority of the board; to change the powers, duties, and authority of the county administrator; to repeal conflicting laws; and for other purposes.
HB 660. By Representative Parrish of the 156th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the Candler County Board of Commissioners should levy an ad valorem tax for the purpose of realizing tax revenue to provide payment for Candler County Hospital Authority's services and facilities; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
HB 682. By Representative Sellier of the 136th:
A BILL to be entitled an Act to amend an Act providing a charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to provide for city administrator; to provide for the selection of such administrator; to provide for terms for such administrator; to provide for qualifications to serve as city administrator; to provide for duties; to provide for the authority to assess, levy, and collect ad valorem taxes on all real and personal property within the City of Byron; to provide for a method for establishing such taxes; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:

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HR 279. By Representative Barnard of the 166th:
A RESOLUTION authorizing the granting of nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Candler, Cobb, Dawson, Douglas, Fulton, Grady, and Muscogee counties, Georgia; 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 258. By Senator Balfour of the 9th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Snellville, approved April 28, 2001 (Ga. L. 2001, p. 4566), as amended, so as to change provisions relating to voting powers of the mayor; 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:
Baker of the 78th, Thomas of the 100th, Sinkfield of the 60th, Benfield of the 85th, Morgan of the 39th, and Sellier of the 136th.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 372. By Representative Hanner of the 148th:
A RESOLUTION congratulating the Terrell Academy football team on winning the 2008 GISA Class A State Championship and inviting the team to appear before the House of Representatives; and for other purposes.
HR 589. By Representative Hanner of the 148th:
A RESOLUTION congratulating the Terrell Academy Lady Eagles basketball team on winning the 2009 GISA Class A State Championship and inviting them to appear before the House of Representatives; and for other purposes.

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

SB 80.

By Senators Bulloch of the 11th, Crosby of the 13th, Hooks of the 14th, Tolleson of the 20th, Hudgens of the 47th and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods and ingredients of food processing plants for the presence of poisonous or deleterious substances or other contaminants; to provide for food safety plans; to provide for reports and records; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, is amended in Code Section 26-2-22, relating to prohibited acts, by adding a new paragraph to read as follows:
"(5.1) The failure to comply with testing, reporting, or record-keeping requirements provided by or pursuant to Code Section 26-2-27.1;"

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SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"26-2-27.1. (a) As used in this Code section, the term 'food processing plant' means a commercial operation that manufactures food for human consumption and does not provide food directly to a consumer from that location. Such term shall not include a commercial operation that produces raw agricultural commodities and whose end product remains a raw agricultural product.
(b)(1)(A) In order to protect the public health, safety, and welfare and ensure compliance with this article, the Commissioner shall by rule or regulation establish requirements for regular testing of samples or specimens of foods and ingredients by food processing plants for the presence of poisonous or deleterious substances or other contaminants rendering such foods or ingredients injurious to health. Such rules or regulations shall identify the specific classes or types of food processing plants, foods, ingredients, and poisonous or deleterious substances or other contaminants that shall be subject to such testing requirements and the frequency with which such tests shall be performed by food processing plants. (B) The Commissioner shall also promulgate rules and regulations establishing minimum standards and requirements for a written food safety plan, such as a hazard analysis critical control point plan, that may be submitted by an operator of a food processing plant to document and describe the procedures used at such plant to prevent the presence of hazards such as poisonous or deleterious substances or other contaminants that would render finished foods or finished ingredients as manufactured at such plant injurious to health, including preventive controls, monitoring to ensure the effectiveness of such controls, and records of corrective actions, including actions taken in response to the presence of known hazards. If an operator of a food processing plant, in its discretion, submits to the department a written food safety plan for such plant and such plan conforms to rules and regulations promulgated for purposes of this subparagraph, then such food processing plant shall comply with the requirements of such written food safety plan, including but not limited to any test regimen provided by such plan, in lieu of complying with a test regimen established by rules or regulations promulgated by the Commissioner pursuant to subparagraph (A) of this paragraph. (2) In addition to any regular tests required pursuant to paragraph (1) of this subsection, the Commissioner may order any food processing plant to have samples or specimens of its foods and ingredients tested for the presence of any poisonous or deleterious substances or other contaminants whenever in his or her determination there are reasonable grounds to suspect that such foods or ingredients may be injurious to health. (c) Any food processing plant subject to any testing requirements pursuant to this Code section shall cause such required tests to be performed in accordance with testing standards and procedures established by rules and regulations of the Commissioner. Testing standards and procedures established by the Commissioner under this

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paragraph shall be consistent with standards presented in the federal Food and Drug Administration's Bacterial Analytical Manual and standards developed by the Association of Analytical Communities International, International Organization for Standardization, or another internationally recognized certification body. (d) A food processing plant shall be responsible for the cost of any testing required pursuant to this Code section and may conduct such testing either internally or via a third party, provided that subsection (c) of this Code section applies in either case. (e) Whenever any person or firm that operates a food processing plant in this state obtains information from testing of samples or specimens of finished foods or finished food ingredients as manufactured at such food processing plant which, based on a confirmed positive test result, indicates the presence of a substance that would cause a manufactured food bearing or containing the same to be adulterated within the meaning of paragraph (1) of Code Section 26-2-26, such person or firm shall report such test result to the department within 24 hours after obtaining such information. (f) Records of the results of any tests required pursuant to this Code section shall be kept by a food processing plant and made available to the department for inspection for a period of not less than two years from the date the results were reported by the laboratory. (g) This Code section shall not apply to any food processing plant operating under a federal grant of inspection from the United States Department of Agriculture Food Safety and Inspection Service."
SECTION 3. Said article is further amended by revising Code Section 26-2-36, relating to right of entry in food establishments and transport vehicles and examination of samples obtained, as follows:
"26-2-36. (a) The Commissioner or his duly authorized agent shall have free access during all hours of operation and at all other reasonable hours to any factory, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce and any vehicle being used to transport or hold such foods to commerce for the purposes:
(1) Of inspecting such factory, warehouse, establishment, or vehicle, any records of pathogen destruction, and any records of testing of samples or specimens of foods or ingredients for the presence of poisonous or deleterious substances or other contaminants and the results thereof as may be required pursuant to Code Section 262-27.1, to determine if any of the provisions of this article are being violated; and (2) Of securing samples or specimens of any food, after paying or offering to pay for such sample. (b) It shall be the duty of the Commissioner to make or cause to be made examinations of samples secured under subsection (a) of this Code section to determine whether or not this article is being violated."

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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:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T E Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day E Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne E Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby E Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp E Sims, B
Sims, C Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 158, nays 0.

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

Representatives Coan of the 101st, Golick of the 34th, 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.

HR 334. By Representatives Keen of the 179th, Mills of the 25th, Jones of the 46th, Roberts of the 154th, Sheldon of the 105th and others:

A RESOLUTION urging the Congress of the United States to oppose the Freedom of Choice Act; 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 N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield
Benton Y Black
Brooks N 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
Cheokas Coan Y Cole

Y Crawford Davis, H
Y Davis, S N Dawkins-Haigler Y Day E Dempsey Y Dickson N Dobbs
Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England
Epps, C Y Epps, J Y Everson E Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger Y Glanton
Golick N Gordon Y Graves
Greene Y Hamilton Y Hanner

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne E Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James Y Jerguson N Johnson, C
Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox
Lane, B Y Lane, R N Levitas Y Lindsey N Long Y Loudermilk

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo
McCall N McKillip Y Meadows N Millar Y Mills N Mitchell N Morgan Y Morris N Mosby E Murphy Y Neal Y Nix N Oliver Y O'Neal
Parham Y Parrish
Parsons Y Peake
Porter Powell, A Y Powell, J Pruett Y Ralston Y Ramsey N Randall

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon N Shipp E Sims, B Y Sims, C
Sinkfield Y Smith, B Y Smith, L Y Smith, R
Smith, T Y Smith, V
Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E

WEDNESDAY, MARCH 18, 2009

3057

Y Coleman Y Collins, D N Collins, T E Cooper Y Cox

E Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Lucas Lunsford
Y Maddox, B Y Maddox, G
Mangham

Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the adoption of the Resolution, the ayes were 92, nays 55.

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

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

Representatives Coan of the 101st and Parsons of the 42nd stated that 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 Collins of the 95th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

House of Representatives State Capitol, Room 131 Atlanta, Georgia 30334

March 18, 2009

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

Dear Mr. Clerk,

I was off the floor during discussion on HR 334 and was not recorded on the vote. I strongly support HR 334 opposing the U.S. Freedom of Choice Act and respectfully ask the house journal record me yes on this resolution. When HR 334 is presented to our congressional delegation in Washington, I ask that my strong support of this legislation and all efforts to protect the rights of the unborn and preserve the sanctity of life be included in the presentation.

Sincerely,

/s/ Tommy Tommy Smith State Representative District 168

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cc: Representative Jerry Keen Majority Leader

TS: mm

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 161 Do Pass, by Substitute

Respectfully submitted, /s/ Harbin of the 118th
Chairman

Representative Maxwell of the 17th 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 109 SB 122 SB 177

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Maxwell of the 17th
Chairman

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

Mr. Speaker:

WEDNESDAY, MARCH 18, 2009

3059

Your Committee on State Institutions and Property 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 65 Do Pass, by Substitute SR 294 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.

3060

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Representative Hall, Atlanta, Georgia

Thursday, March 19, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles
E Beasley-Teague Benton Black Brooks Bruce Bryant Buckner Burns Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox

Crawford Davis, H Dawkins-Haigler Dempsey Dickson Dobbs Dooley Drenner Dukes Ehrhart England Epps, J E Floyd E Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner E Harbin Harden, B Harden, M Heard Hembree

Henson Hill, C Holt Houston Howard Hugley Jackson Jacobs James Jerguson E Johnson, C Johnson, T E Jones, J Jones, S E Jordan Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Long Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning

Marin Maxwell May Mayo McCall McKillip Meadows E Millar Mills Mitchell Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Peake Porter Powell, A Powell, J Pruett Ramsey Randall Reece Roberts Rogers Rynders Scott, A

Scott, M Sellier Shaw Sheldon Sims, B Sims, C Smith, B Smith, L Smith, R Smith, T E Smith, V Smyre Stephens, M Stephens, R Stephenson Talton E Teilhet Thomas Thompson Walker Weldon Wilkinson E 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 Bearden of the 68th, Benfield of the 85th, Burkhalter of the 50th, Byrd of the 20th, Cole of the 125th, Davis of the 109th, Day of the 163rd, Dollar of the 45th, Epps of the 128th, Golick of the 34th, Hatfield of the 177th, Hill of the 180th, Horne of the 71st, Hudson of the 124th, Lindsey of the 54th, Lucas of the 139th, Martin of the 47th, Morris of the 155th, Parsons of the 42nd, Ralston of the 7th, Reese of the 98th, Rice of the 51st, Shipp of the 58th, and Sinkfield of the 60th.

THURSDAY, MARCH 19, 2009

3061

They wish to be recorded as present.
Prayer was offered by Reverend David Bishop, First AME Church, Stone Mountain, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 765. By Representatives Maddox of the 127th, Knight of the 126th, Cole of the 125th and Sellier of the 136th:
A BILL to be entitled an Act to repeal an Act creating the Lamar County Livestock and Agricultural Exposition Authority, approved March 25, 1996 (Ga. L. 1996, p. 3703), as amended, so as to dissolve such authority and repeal such Act and amendments in their entirety; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 766. By Representatives Maddox of the 127th, Knight of the 126th, Cole of the 125th and Sellier of the 136th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Lamar County pursuant to Code Section 36-7-2.1 of the O.C.G.A. and provide for the appointment of a county surveyor; 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 767. By Representatives Scott of the 153rd, Everson of the 106th, Ehrhart of the 36th, Jerguson of the 22nd, Bearden of the 68th 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 with respect to the sale or use of firearms, ammunition, or both; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 768. By Representatives Peake of the 137th, Williams of the 178th, Powell of the 171st, Roberts of the 154th, Hatfield of the 177th 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, computation, and exemptions regarding income tax, so as to provide for income tax credits with respect to qualified reforestation expenses; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 769. 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), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3959), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 19, 2009

3063

Referred to the Committee on Intragovernmental Coordination - Local.
HB 770. By Representative Nix of the 69th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Franklin, approved March 24, 1988 (Ga. L. 1988, p. 4515), so as to state legislative findings; to establish the compensation of the mayor and councilmembers of the City of Franklin for a period of time; to provide that such compensation shall thereafter be determined as provided by ordinance and general 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.
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 771. By Representative Knight of the 126th:
A BILL to be entitled an Act to amend Code Section 12-7-7.1 of the Official Code of Georgia Annotated, relating to the preparation and implementation of an erosion and sediment control plan, so as to require the plan be implemented through a separate contract with a qualified person as defined herein; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HB 779. By Representatives Lucas of the 139th, Epps of the 140th and Randall of the 138th:
A BILL to be entitled an Act to authorize the governing authority of the City of Macon to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

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HB 748 HB 749 HB 750 HB 751 HB 752 HB 753 HB 754 HB 755 HB 757 HB 758 HB 759 HB 760

HB 761 HB 762 HB 763 HB 764 HR 646 HR 647 HR 648 HR 649 HR 650 HR 651 HR 671 SB 258

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 718 HB 721 HB 735 HB 737 HB 741

Do Pass Do Pass Do Pass Do Pass Do Pass

HB 743 HB 744 HB 745 HB 746 HB 747

Do Pass Do Pass Do Pass Do Pass Do Pass

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

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

HR 586 Do Pass
Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

THURSDAY, MARCH 19, 2009

3065

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 89 Do Pass SR 431 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 129th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 19, 2009

Mr. Speaker and Members of the House:

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

DEBATE CALENDAR

Open Rule

SB 76 SB 110
SB 111

Workers' Compensation Insurance; revise code section; reg. of rates; remove certain references (Ins-Knox-24th) Hudgens-47th Wildlife; prohibition against trapping wildlife upon the rights of way of public roads/highways; provide exception (GF&P-Baker-78th) Bulloch11th Wildlife; restrictions on hunting certain animals with lights (GF&P-Dobbs53rd) Bulloch-11th

Modified Open Rule

None

Modified Structured Rule

SB 79

Social Services; provide access by certain gov. entities/persons to records concerning reports of child abuse; define a certain term (C&Y-Manning32nd) Harp-29th

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Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 718. By Representatives Willard of the 49th, Lindsey of the 54th, Bruce of the 64th, Wilkinson of the 52nd, Geisinger of the 48th and others:
A BILL to be entitled an Act to amend an Act relating to the compensation and salary supplements of the judges of the superior court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to provide for certain employment benefits to be made available by Fulton County to said judges as a part of their compensation and salary supplement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 721. By Representative Keown of the 173rd:
A BILL to be entitled an Act to provide a new charter for the Town of Ochlocknee; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town 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 an effective date; to 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 19, 2009

3067

HB 735. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, so as to provide that citizens of Ware County shall have the right to address or speak to the commissioners on official actions or other topics relating to the business of the board of commissioners at meetings of the board of commissioners by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 737. By Representatives Houston of the 170th, Powell of the 171st and Rynders of the 152nd:
A BILL to be entitled an Act to provide a new charter for the City of Norman Park in Colquitt 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, 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 an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 741. By Representative Jackson of the 142nd:
A BILL to be entitled an Act to create the Washington 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 of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; to provide

3068

JOURNAL OF THE HOUSE

for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 743. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Jordan of the 77th:
A BILL to be entitled an Act to amend an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), so as to revise provisions relating to the ethics commission; to provide for removal of commission members for failure to carry out duties or attend meetings; to provide that the commission shall have the exclusive authority to punish ethical violations by members of the school board; to provide for a budget for the commission; to authorize the commission to adopt a seal; to change provisions relating to procedures and evidentiary rules and standards in proceedings of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 744. By Representative Dukes of the 150th:
A BILL to be entitled an Act to create a board of elections and registration for Baker County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; 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 19, 2009

3069

HB 745. By Representative Porter of the 143rd:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4409), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.

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

HB 746. By Representative Walker of the 107th:

A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett, approved March 24, 1988 (Ga. L. 1988, p. 4827), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4657), so as to change the terms of the mayor and city councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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

HB 747. By Representative Pruett of the 144th:

A BILL to be entitled an Act to repeal an Act authorizing the employment of a certified accountant to audit all county books annually for the county of Bleckley, approved August 16, 1915 (Ga. L. 1915, p. 158), 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.

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 Allison Y Amerson

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler

Heckstall Y Hembree Y Henson Y Hill, C

Manning Y Marin Y Martin Y Maxwell

Y Rynders Scott, A
Y Scott, M Y Sellier

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JOURNAL OF THE HOUSE

Anderson Y Ashe
Austin Y Baker Y Barnard Y Battles
Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England
Epps, C Y Epps, J Y Everson E Floyd E Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B
Harden, M Y Hatfield Y Heard

Y Hill, C.A Y Holt
Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T E Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B
Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham

Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 140, nays 0.

Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

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 House:

HB 80. By Representatives Maxwell of the 17th, Keen of the 179th, Meadows of the 5th, Smith of the 131st, Hembree of the 67th and others:

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

THURSDAY, MARCH 19, 2009

3071

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 157. By Representative Harbin of the 118th:
A BILL to be entitled an Act to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to the lottery shortfall reserve subaccounts, so as to revise the amounts in the lottery accounts that trigger reductions in HOPE scholarship program benefits; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 202. By Representatives Maxwell of the 17th, Meadows of the 5th, Golick of the 34th and Benton of the 31st:
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 define certain terms; to provide for a maximum compensation to be used for computing contributions and benefits; to remove a requirement that an application for certain creditable service be made within a certain period; to provide for the payment of benefits; to provide for rollover of certain funds; to provide for a limit on benefits; to provide for application of service credits; to provide for the holding of pension funds in trust; to provide for a normal retirement age; to provide for vesting; to ratify certain prior changes to public retirement plans; to provide for related changes in public retirement law to comply with federal law and regulations; to repeal conflicting laws; and for other purposes.
The following members were recognized during the period of Morning Orders and addressed the House:
Ashe of the 56th, Everson of the 106th, and Stephens of the 164th.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Transportation and referred to the Committee on Agriculture & Consumer Affairs:
HR 583. By Representatives England of the 108th, McCall of the 30th, Maddox of the 172nd, Collins of the 27th, James of the 135th and others:
A RESOLUTION requesting that Congress oppose federal legislation that interferes with a state's ability to direct the transport or processing of horses; and for other purposes.

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JOURNAL OF THE HOUSE

By unanimous consent, the following Bill of the House was withdrawn from the General Calendar and recomitted to the Committee on Science and Technology:
HB 281. By Representatives Walker of the 107th, Casas of the 103rd, Coan of the 101st, Reese of the 98th and Cox of the 102nd:
A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to enact the "Georgia Virtual School Opportunity and Enrichment Act"; to provide for legislative findings; to provide for a definition; to require a local school system to allow virtual students in grades six through 12 to participate in extracurricular activities; to provide for academic requirements; to provide for ineligibility; to provide that the virtual student is subject to all rules, regulations, and codes of conduct as would apply to other students; to provide for ineligibility; to prohibit certain memberships; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Health & Human Services and referred to the Committee on Public Safety and Homeland Security:
SB 38. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed dead bodies, so as to authorize the Board for the Distribution of Cadavers to provide for dead bodies to be used in the training and handling of police canine; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 586. By Representative Walker of the 107th:
A RESOLUTION congratulating the Loganville High School baseball team on winning the 2008 Class AAAA State Championship and inviting the team to appear before the House of Representatives; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

THURSDAY, MARCH 19, 2009

3073

SB 79.

By Senators Harp of the 29th, Unterman of the 45th, Williams of the 19th, Hamrick of the 30th, Adelman of the 42nd and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse and deprivation records, so as to define a certain term; to provide for access by certain governmental entities and certain persons to records concerning reports of child abuse; to provide that certain records relating to a child fatality or near fatality shall not be confidential; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe
Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T E Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

3074

JOURNAL OF THE HOUSE

On the passage of the Bill, the ayes were 163, nays 1.

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

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Judiciary Non-Civil and referred to the Committee on State Institutions & Property:

SB 24.

By Senators Grant of the 25th, Seay of the 34th, Harp of the 29th, Crosby of the 13th and Stoner of the 6th:

A BILL to be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for comprehensive provisions regarding management of probationers; to provide for the 'Probation Management Act'; to provide administrative sanctions as an alternative to judicial modification or revocation of probation; to provide for preliminary administrative hearings and hearing officers; 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 76. By Senator Hudgens of the 47th:

A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to repeal Code Section 34-9-135; to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of insurance rates, so as to remove certain references; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe
Austin Y Baker Y Barnard

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B

THURSDAY, MARCH 19, 2009

3075

Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

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

On the passage of the Bill, the ayes were 165, nays 0.

Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

SB 110. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Code Section 27-3-63 of the Official Code of Georgia Annotated, relating to general offenses and penalties relative to trapping, trappers, and fur dealers, so as to provide an exception to a prohibition against trapping wildlife upon the rights of way of public roads or highways; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day

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

Y Manning Y Marin
Martin Y Maxwell Y May

Y Rynders Y Scott, A Y Scott, M Y Sellier N Setzler

3076

JOURNAL OF THE HOUSE

Y Ashe Austin
Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J N Everson Y Floyd E Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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

Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 162, nays 3.

Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

SB 111. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide for restrictions on hunting certain animals with lights; to repeal conflicting laws; and for other purposes.

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

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

THURSDAY, MARCH 19, 2009

3077

E Abdul-Salaam Abrams
Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd E Fludd Y Franklin Y Frazier Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J
Jones, S E Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 164, nays 3.

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

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

3078

JOURNAL OF THE HOUSE

SB 44 Do Pass SB 117 Do Pass

Respectfully submitted, /s/ Stephens of the 164th
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 68 Do Pass, by Substitute SB 162 Do Pass, by Substitute

Respectfully submitted, /s/ Williams of the 4th
Chairman

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR THURSDAY, MARCH 19, 2009

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

HB 119

General appropriations; State Fiscal Year July 1, 2009 - June 30, 2010 (Substitute)(App-Richardson-19th)

THURSDAY, MARCH 19, 2009

3079

Modified Structured Rule
None
Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010.
The following Committee substitute was read:
A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010; 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, 2009, and ending June 30, 2010, as prescribed hereinafter for such fiscal year:

3080

JOURNAL OF THE HOUSE

Total Funds

$38,766,776,864

American Recovery and Reinvestment Act

$693,429,541

Federal Funds and Grants

$12,666,830,500

Temporary Assistance for Needy Families Block Grant

$342,574,967

Social Services Block Grant

$54,994,483

Child Care & Development Block Grant

$66,525,997

Foster Care Title IV-E

$92,186,802

Maternal and Child Health Services Block Grant

$20,366,584

Medical Assistance Program

$6,135,374,633

Preventive Health and Health Services Block Grant

$4,404,431

Community Mental Health Services Block Grant

$13,130,623

Prevention and Treatment of Substance Abuse Block Grant

$59,700,314

Federal Highway Administration Highway Planning & Construction $1,242,767,438

State Children's Insurance Program

$318,396,794

Community Service Block Grant

$25,897,861

Low-Income Home Energy Assistance

$24,908,644

TANF Block Grant - Unobligated Balance

$37,348,536

CCDF Mandatory & Matching Funds

$94,361,006

TANF Transfers to Social Services Block Grant

$25,800,000

Federal Funds Not Specifically Identified

$3,415,348,846

Other Funds

$4,184,119,331

Agency Funds

$2,111,938,940

Research Funds

$1,513,879,236

Records Center Storage Fee

$435,771

Indigent Care Trust Fund - Public Hospital Authorities

$136,686,524

Other Funds - Not Specifically Identified

$416,766,541

Prior Year Funds - Other

$4,412,319

State Funds

$18,569,866,489

Lottery Funds

$938,089,332

Tobacco Funds

$310,975,744

Motor Fuel Funds

$913,000,000

Brain & Spinal Injury Trust Fund

$2,066,389

State General Funds

$16,405,735,024

Intra-State Government Transfers

$3,345,960,544

Health Insurance Payments

$2,833,031,101

Retirement Payments

$41,989,581

THURSDAY, MARCH 19, 2009

3081

Self Insurance Trust Fund Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments

$128,959,599 $282,604,710 $59,375,553

Section 1: Georgia Senate Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$10,271,420 $0 $0
$10,271,420 $10,271,420
$0

1.1. Senate

Total Funds

$6,878,534

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$6,878,534

State General Funds

$6,878,534

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,629,495

$7,629,495

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($155,755)

($155,755)

Reduce funds to reflect the revised revenue estimate.

($595,206)

($595,206)

Amount appropriated in this Act

$6,878,534

$6,878,534

3082

JOURNAL OF THE HOUSE

1.2. Lieutenant Governor

Total Funds

$1,225,019

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,225,019

State General Funds

$1,225,019

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,365,993

$1,365,993

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($35,110)

($35,110)

Reduce funds to reflect the revised revenue estimate.

($105,864)

($105,864)

Amount appropriated in this Act

$1,225,019

$1,225,019

1.3. Secretary of the Senate's Office

Total Funds

$1,206,496

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,206,496

State General Funds

$1,206,496

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 (HB990)

$1,334,397

$1,334,397

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from

($23,429)

($23,429)

THURSDAY, MARCH 19, 2009

3083

22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

($104,472) $1,206,496

($104,472) $1,206,496

1.4. Senate Budget and Evaluation Office

Purpose: Provide budget development and evaluation expertise to the State Senate.

Total Funds

$961,371

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$961,371

State General Funds

$961,371

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,072,306

$1,072,306

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($27,861)

($27,861)

Reduce funds to reflect the revised revenue estimate.

($83,074)

($83,074)

Amount appropriated in this Act

$961,371

$961,371

Section 2: Georgia House of Representatives Total Funds Federal Funds and Grants

$17,868,850 $0

3084

JOURNAL OF THE HOUSE

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

$0 $17,868,850 $17,868,850
$0

2.1. Georgia House of Representatives

Total Funds

$17,868,850

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$17,868,850

State General Funds

$17,868,850

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$19,850,950

$19,850,950

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($433,735)

($433,735)

Reduce funds to reflect the revised revenue estimate.

($1,548,365)

($1,548,365)

Amount appropriated in this Act

$17,868,850

$17,868,850

Section 3: Georgia General Assembly Joint Offices Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$9,686,262 $0 $0
$9,686,262 $9,686,262
$0

THURSDAY, MARCH 19, 2009

3085

3.1. Ancillary Activities

Purpose: Provide services for the legislative branch of government.

Total Funds

$4,324,079

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$4,324,079

State General Funds

$4,324,079

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 (HB990)

$4,728,361

$4,728,361

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($28,872)

($28,872)

Reduce funds to reflect the revised revenue estimate.

($375,410)

($375,410)

Amount appropriated in this Act

$4,324,079

$4,324,079

3.2. Office of Legislative Counsel

Purpose: Provide bill-drafting services, advice, and counsel for members of the General Assembly.

Total Funds

$2,780,217

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,780,217

State General Funds

$2,780,217

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3086

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

State Funds $3,104,807
($84,580)

Total Funds $3,104,807
($84,580)

($240,010) $2,780,217

($240,010) $2,780,217

3.3. 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

$2,581,966

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,581,966

State General Funds

$2,581,966

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 (HB990)

$2,646,281

$2,646,281

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$185,620

$185,620

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to

($36,951)

($36,951)

THURSDAY, MARCH 19, 2009

3087

30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Amount appropriated in this Act

($208,044) ($4,940)
$2,581,966

($208,044) ($4,940)
$2,581,966

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

$31,679,619 $0 $0
$31,679,619 $31,679,619
$0

4.1. Administration

Purpose: Provide administrative support to all department programs.

Total Funds

$1,593,958

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,593,958

State General Funds

$1,593,958

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 (HB990)

$1,729,799

$1,729,799

Defer state employees' salary increases.

($15,694)

($15,694)

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($41,112)

($41,112)

3088

JOURNAL OF THE HOUSE

Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce funding for personal services and operating expenses.
Amount appropriated in this Act

($13,306) ($3,580)
($62,149) $1,593,958

($13,306) ($3,580)
($62,149) $1,593,958

4.2. Audits and Assurance Services

Purpose: Provide financial, performance, and information system audits.

Total Funds

$28,030,217

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$28,030,217

State General Funds

$28,030,217

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 (HB990)

$31,283,984

$31,283,984

Defer state employees' salary increases.

($203,707)

($203,707)

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($908,417)

($908,417)

Reduce funds to reflect the revised revenue estimate.

($296,066)

($296,066)

Reduce funding for personal services and operating expenses.

($1,345,577)

($1,345,577)

Eliminate funding transferred in FY 2009 from the Office of Student Achievement to develop an auditing function for education funding formulas.

($500,000)

($500,000)

THURSDAY, MARCH 19, 2009

3089

Amount appropriated in this Act

$28,030,217

$28,030,217

4.3. Legislative Services

Purpose: Provide information on retirement system services, promulgate statewide policies and procedures, and provide fiscal note services.

Total Funds

$119,636

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$119,636

State General Funds

$119,636

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 (HB990)

$123,743

$123,743

Defer state employees' salary increases.

($860)

($860)

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($3,247)

($3,247)

Reduce funding for personal services and operating expenses.

$0

$0

Amount appropriated in this Act

$119,636

$119,636

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

$1,935,808

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,935,808

State General Funds

$1,935,808

Intra-State Government Transfers

$0

3090

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 (HB990)

$2,289,648

$2,289,648

Defer state employees' salary increases.

($11,117)

($11,117)

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($65,780)

($65,780)

Reduce funds to reflect the revised revenue estimate.

($23,286)

($23,286)

Reduce funding for personal services and operating expenses.

($253,657)

($253,657)

Amount appropriated in this Act

$1,935,808

$1,935,808

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

$13,317,528 $0
$150,000 $150,000 $13,167,528 $13,167,528
$0

5.1. Court of Appeals

Purpose: Review and exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law.

Total Funds

$13,317,528

Federal Funds and Grants

$0

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$13,167,528

State General Funds

$13,167,528

THURSDAY, MARCH 19, 2009

3091

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$14,744,435

$14,894,435

Defer state employees' salary increases.

($159,151)

($159,151)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($432,607)

($432,607)

Reduce funds to reflect the revised revenue estimate.

($133,547)

($133,547)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($929)

($929)

Reduce funding for personal services.

($615,362)

($615,362)

Reduce funding for operating expenses.

($235,311)

($235,311)

Restore one-time funding ($147,900) to replace the court's docket system.

$0

$0

Restore part of the computer charges funding appropriated in FY 2009 for the e-file initiative.

$0

$0

Amount appropriated in this Act

$13,167,528

$13,317,528

Section 6: Judicial Council Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds

$18,172,185 $2,492,903 $2,492,903 $615,890 $350,390

3092

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$265,500 $15,063,392 $15,063,392
$0

6.1. Appellate Resource Center

Purpose: Provide representation to all death penalty sentenced inmates in habeas proceedings.

Total Funds

$580,000

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 (HB990)

$580,000

$580,000

Reduce funds to reflect the revised revenue estimate.

$0

$0

Reduce funding for operating expenses.

$0

$0

Amount appropriated in this Act

$580,000

$580,000

6.2. Georgia Office of Dispute Resolution

Purpose: Oversee the development of court-connected alternative dispute resolution programs in Georgia.

Total Funds

$304,171

Federal Funds and Grants

$0

Other Funds

$172,890

Agency Funds

$172,890

State Funds

$131,281

State General Funds

$131,281

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3093

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce funding for operating expenses.
Amount appropriated in this Act

State Funds $196,638
($3,117) $0

Total Funds $369,528
($3,117) $0

($15,127)

($15,127)

($1,707)
($45,406) $131,281

($1,707)
($45,406) $304,171

6.3. Institute of Continuing Judicial Education

Purpose: Provide basic training and continuing education to elected officials, court support personnel, and volunteer agents of the judicial branch.

Total Funds

$1,379,637

Federal Funds and Grants

$0

Other Funds

$177,500

Agency Funds

$177,500

State Funds

$1,202,137

State General Funds

$1,202,137

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 (HB990)

$1,298,000

$1,475,500

Defer state employees' salary increases.

($6,105)

($6,105)

3094

JOURNAL OF THE HOUSE

Reduce funds to reflect the revised revenue estimate.
Reduce funding for operating expenses.
Provide for the training of 3 new judges (Alcovy, Atlanta, and Brunswick) due to HB 1163 (FY 2008).
Amount appropriated in this Act

($12,244) ($77,514)
$0
$1,202,137

($12,244) ($77,514)
$0
$1,379,637

6.4. Judicial Council

Purpose: 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

$15,641,414

Federal Funds and Grants

$2,492,903

Federal Funds Not Specifically Identified

$2,492,903

Other Funds

$265,500

Other Funds - Not Specifically Identified

$265,500

State Funds

$12,883,011

State General Funds

$12,883,011

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$13,971,643

$16,730,046

Defer state employees' salary increases.

($73,828)

($73,828)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($198,060)

($198,060)

THURSDAY, MARCH 19, 2009

3095

Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce funding for operating expenses.
Eliminate the Georgia Law School Consortium.
Amount appropriated in this Act

$0 ($3,384)

$0 ($3,384)

($636,944) ($176,416)
$12,883,011

($636,944) ($176,416)
$15,641,414

6.5. Judicial Qualifications Commission

Purpose: Discipline, remove, and cause involuntary retirement of judges.

Total Funds

$266,963

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$266,963

State General Funds

$266,963

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$299,040

$299,040

Defer state employees' salary increases.

($2,226)

($2,226)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($9,786)

($9,786)

Reduce funds to reflect the revised revenue estimate.

($2,718)

($2,718)

3096

JOURNAL OF THE HOUSE

Reduce funding for operating expenses. Amount appropriated in this Act

($17,347) $266,963

($17,347) $266,963

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

$6,982,424 $447,456 $447,456 $0
$6,534,968 $6,534,968
$0

7.1. Council of Juvenile Court Judges

Purpose: Represent all the juvenile judges in Georgia. Jurisdiction in cases involving children includes delinquencies, status offenses, and deprivation.

Total Funds

$1,996,363

Federal Funds and Grants

$447,456

Federal Funds Not Specifically Identified

$447,456

Other Funds

$0

State Funds

$1,548,907

State General Funds

$1,548,907

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 (HB990)

$1,705,599

$2,153,055

Defer state employees' salary increases.

($14,189)

($14,189)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment

($43,803)

($43,803)

THURSDAY, MARCH 19, 2009

3097

Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce funding for operating expenses.
Amount appropriated in this Act

$0
($98,700) $1,548,907

$0
($98,700) $1,996,363

7.2. Grants to Counties for Juvenile Court Judges

Purpose: Mandate payment of state funds to circuits to pay for juvenile court judges salaries.

Total Funds

$4,986,061

State Funds

$4,986,061

State General Funds

$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

$58,446,217 $0 $0
$56,644,090 $56,644,090
$1,802,127 $1,802,127

8.1. District Attorneys

Purpose: 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 Funds

$52,384,508

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$50,582,381

State General Funds

$50,582,381

Intra-State Government Transfers

$1,802,127

Other Intra-State Government Payments

$1,802,127

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3098

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Provide funding to cover a shortfall in personal services for district attorney staff.
Provide for the addition of 3 assistant district attorney positions (Alcovy, Atlanta, and Brunswick) due to HB 1163 (FY 2008).
Provide funding to reinstate steps and promotions for assistant district attorneys deferred in FY 2009.
Provide funding for steps and promotions for assistant district attorneys for FY 2010.
DHR contract change for Child Support Enforcement
Amount appropriated in this Act

State Funds $52,323,746
($637,857) $0

Total Funds $54,090,792
($637,857) $0

($1,697,338)

($1,697,338)

($513,829) ($5,497)

($513,829) ($5,497)

$300,000 $223,156

$300,000 $223,156

$0

$0

$590,000 $0
$50,582,381

$590,000 $35,081 $52,384,508

8.2. Prosecuting Attorneys Council Purpose: Assist Georgia's District Attorneys and State Court Solicitors.
Total Funds Federal Funds and Grants

$6,061,709 $0

THURSDAY, MARCH 19, 2009

3099

Other Funds

$0

State Funds

$6,061,709

State General Funds

$6,061,709

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,957,949

$6,957,949

Defer state employees' salary increases.

($52,707)

($52,707)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($152,658)

($152,658)

Reduce funds to reflect the revised revenue estimate.

($67,706)

($67,706)

Provide funding to reinstate steps and promotions for staff attorneys deferred in FY 2009.

$0

$0

Provide funding for steps and promotions for staff attorneys for FY 2010.

$9,184

$9,184

Provide additional funding for operating expenses due to an increase in rent.

$0

$0

Defer filling 4 vacant positions.

($632,353)

($632,353)

Amount appropriated in this Act

$6,061,709

$6,061,709

Section 9: Superior Courts Total Funds Federal Funds and Grants Other Funds

$57,955,798 $0 $0

3100

JOURNAL OF THE HOUSE

State Funds State General Funds
Intra-State Government Transfers

$57,955,798 $57,955,798
$0

9.1. Council of Superior Court Clerks

Purpose: Assist superior court clerks throughout the state in the execution of their duties, and promote and assist in their training of the superior court clerks.

Total Funds

$749,035

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$749,035

State General Funds

$749,035

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,751,550

$1,751,550

Reduce funds to reflect the revised revenue estimate.

($2,515)

($2,515)

Eliminate funding for the continuation of the Judicial Data Exchange (JDX) project appropriated in FY 2009.

($1,000,000)

($1,000,000)

Amount appropriated in this Act

$749,035

$749,035

9.2. Council of Superior Court Judges

Purpose: Enhance the improvement of the superior court and the administration of justice through leadership, training, policy development, and budgetary and fiscal administration.

Total Funds

$1,404,241

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,404,241

State General Funds

$1,404,241

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3101

Amount from prior Appropriation Act (HB990)
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Defer pay raise for Council of Superior Court Judges staff.
Amount appropriated in this Act

State Funds $1,483,201
$0

Total Funds $1,483,201
$0

($47,999)

($47,999)

($14,427) ($330)
($16,204) $1,404,241

($14,427) ($330)
($16,204) $1,404,241

9.3. Judicial Administrative Districts

Purpose: 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

$2,235,023

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,235,023

State General Funds

$2,235,023

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,348,845

$2,348,845

3102

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Defer pay raise for Judicial Administrative District staff.
Amount appropriated in this Act

$0

$0

($66,535)

($66,535)

($22,927) ($24,360) $2,235,023

($22,927) ($24,360) $2,235,023

9.4. Superior Court Judges

Purpose: Serve as a 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 50 provided by law are to be allocated back to the circuits by caseload ranks.

Total Funds

$53,567,499

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$53,567,499

State General Funds

$53,567,499

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$58,038,504

$58,038,504

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

THURSDAY, MARCH 19, 2009

3103

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Remove funding for the pass-thru for the employer contribution to the Employees' Retirement System of Georgia (ERS) and the Georgia Judicial Retirement System (JRS) for county-paid judges and staff.
Provide for the addition of 3 new judges (Alcovy, Atlanta, and Brunswick) due to HB 1163 (FY 2008).
Restore funding for Superior Court judges' computer equipment removed in FY 2009.
Provide for an increase in travel due to increased travel ($131,500) and an increased mileage rate ($118,013).
Defer the pay raise for Superior Court judges.
Reduce funding for senior judge usage.
Amount appropriated in this Act

($1,765,773)

($1,765,773)

($550,534) ($1,000,000)

($550,534) ($1,000,000)

$1,151,310

$1,151,310

$101,000 $60,000

$101,000 $60,000

($669,099) ($1,797,909) $53,567,499

($669,099) ($1,797,909) $53,567,499

Section 10: Supreme Court Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$7,747,900 $0 $0
$7,747,900 $7,747,900
$0

10.1. Supreme Court
Purpose: Serve as 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,

3104

JOURNAL OF THE HOUSE

or constitutional provision has been drawn in question, and all cases of election contest.

Total Funds

$7,747,900

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,747,900

State General Funds

$7,747,900

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 (HB990)

$8,837,974

$8,837,974

Defer state employees' salary increases.

($89,806)

($89,806)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($349,445)

($349,445)

Reduce funds to reflect the revised revenue estimate.

$0

$0

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($680)

($680)

Reduce funding for operating expenses.

($511,634)

($511,634)

Provide for a salary increase for law assistants.

$0

$0

To reduce state funding for the February 2010 bar exam based on revised application fees.

($138,509)

($138,509)

Amount appropriated in this Act

$7,747,900

$7,747,900

THURSDAY, MARCH 19, 2009

3105

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

$14,363,658 $0 $0
$4,077,625 $4,077,625 $10,286,033 $10,286,033

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

$14,363,658

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$4,077,625

State General Funds

$4,077,625

Intra-State Government Transfers

$10,286,033

Other Intra-State Government Payments

$10,286,033

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,456,173

$15,742,206

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$68,563

$68,563

Defer state employees' salary increases.

($40,448)

($40,448)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment

($102,385)

($102,385)

3106

JOURNAL OF THE HOUSE

Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce operating expenses.
Reduce personal services to reflect projected expenditures.
Amount appropriated in this Act

($46,223) ($1,083)

($46,223) ($1,083)

($533,751) ($723,221)
$4,077,625

($533,751) ($723,221)
$14,363,658

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

$156,709,153 $0
$18,517,034 $11,877,016
$6,640,018 $9,232,520 $9,232,520 $128,959,599 $128,959,599

12.1. Administration

Purpose: Provide administrative support to all department programs.

Total Funds

$4,871,811

Federal Funds and Grants

$0

Other Funds

$2,635,916

Other Funds - Not Specifically Identified

$2,635,916

State Funds

$2,235,895

State General Funds

$2,235,895

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3107

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Eliminate funds for 1 filled CIO position ($83,456), 1 filled secretary position ($44,512) and 1 vacant accounting position ($56,500).
Reduce contract funds.
Reduce operating expenses.
Amount appropriated in this Act

State Funds $3,358,438
($157,636)

Total Funds $5,994,354
($157,636)

($95,231) $0

($95,231) $0

($42,926)

($42,926)

($28,279) ($399)
($523,875)

($28,279) ($399)
($523,875)

($203,997) ($70,200) $2,235,895

($203,997) ($70,200) $4,871,811

12.2. Fleet Management

Purpose: In conjunction with the Office of Planning and Budget, centralize state government motor vehicle fleet management functions to ensure efficient and costeffective fleet operations and to minimize the life-cycle costs associated with vehicle ownership.

Total Funds

$2,022,591

Other Funds

$1,387,079

3108

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Other Funds - Not Specifically Identified

$1,387,079

State Funds

$635,512

State General Funds

$635,512

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,705,000

$3,092,079

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($672,026)

($672,026)

Reduce operating expenses.

($56,704)

($56,704)

Reduce funds for personal services.

($340,758)

($340,758)

Amount appropriated in this Act

$635,512

$2,022,591

12.3. 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

$1,079,669

Other Funds

$1,079,669

Agency Funds

$1,079,669

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$1,130,155

Reduce other funds for operating expenses ($2,300) and motor vehicle purchases ($17,000).

$0

($19,300)

Reduce other funds ($31,186) for personal services and eliminate 1 filled clerk position.

$0

($31,186)

Amount appropriated in this Act

$0

$1,079,669

12.4. Risk Management

Purpose: Minimize cost and provide fair treatment of citizens through effective claims management.

Total Funds

$128,959,599

THURSDAY, MARCH 19, 2009

3109

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$0

Intra-State Government Transfers

$128,959,599

Self Insurance Trust Fund Payments

$128,959,599

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0 $129,880,757

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

$0

$0

Reduce other funds ($247,700) for operating expenses to reflect projected expenditures.

$0

($247,700)

Reduce other funds ($283,000) for contractual services.

$0

($283,000)

Reduce other funds ($390,458) for personal services and eliminate 6 vacant positions.

$0

($390,458)

Amount appropriated in this Act

$0 $128,959,599

12.5. 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

$10,214,650

Federal Funds and Grants

$0

Other Funds

$6,898,546

Agency Funds

$6,898,546

State Funds

$3,316,104

State General Funds

$3,316,104

Intra-State Government Transfers

$0

3110

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 (HB990)

$4,241,671

$14,971,472

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($44,665)

($44,665)

Reduce funds to reflect the revised revenue estimate.

($37,487)

($37,487)

Reduce contract funds.

($483,287)

($483,287)

Reduce funds for personal services.

($360,128)

($360,128)

Recognize the use of reserves in FY 2009.

$0

($3,831,255)

Amount appropriated in this Act

$3,316,104

$10,214,650

12.6. 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

$2,526,517

Other Funds

$2,526,517

Other Funds - Not Specifically Identified

$2,526,517

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$4,657,141

Reduce other funds ($2,130,624) for operating expenses due to the closure of the Americus, Swainsboro, and Tucker warehouses and

$0

($2,130,624)

THURSDAY, MARCH 19, 2009

3111

eliminate positions. Amount appropriated in this Act

$0

$2,526,517

12.7. U.S. Post Office

Purpose: Provide convenient and cost-effective postal services to agencies and individuals.

Total Funds

$90,506

Other Funds

$90,506

Other Funds - Not Specifically Identified

$90,506

The following appropriations are for agencies attached for administrative purposes.

12.8. Health Planning Review Board - Certificate of Need Appeal Panel

Purpose: Review decisions made by hearing officers.

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 (HB990)

$60,473

$60,473

Reduce funds to reflect the revised revenue estimate.

$0

$0

Reduce contract funds.

$0

$0

Reduce state funds and recognize selfsufficiency through the collection of filing fees as of July 1, 2008.

($60,473)

($60,473)

Amount appropriated in this Act

$0

$0

12.9. Office of State Administrative Hearings

Purpose: Provide an impartial, independent forum for resolving disputes between the public and state agencies.

Total Funds

$3,653,693

3112

JOURNAL OF THE HOUSE

Federal Funds and Grants

$0

Other Funds

$608,684

Agency Funds

$608,684

State Funds

$3,045,009

State General Funds

$3,045,009

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 (HB990)

$3,576,847

$4,185,531

Defer state employees' salary increases.

($39,203)

($39,203)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($115,456)

($115,456)

Reduce funds to reflect the revised revenue estimate.

($31,143)

($31,143)

Reduce operating expenses ($128,229) and funds for contractual services ($217,807).

($346,036)

($346,036)

Amount appropriated in this Act

$3,045,009

$3,653,693

12.10. 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

$3,290,117

Other Funds

$3,290,117

Agency Funds

$3,290,117

THURSDAY, MARCH 19, 2009

3113

12.11. Compensation Per General Assembly Resolutions

Purpose: Fund HR102 of the 2007 Session.

Total Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$850,000

$850,000

Delete the one-time cost of purchasing an annuity for an individual who was wrongfully imprisoned.

($850,000)

($850,000)

Amount appropriated in this Act

$0

$0

Section 13: Agriculture, 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

$54,322,089 $8,049,321 $8,049,321 $3,564,689 $3,564,689
$42,708,079 $42,708,079
$0

13.1. Administration

Purpose: Provide administrative support for all programs of the department.

Total Funds

$5,850,679

Federal Funds and Grants

$69,500

Federal Funds Not Specifically Identified

$69,500

Other Funds

$258,721

Other Funds - Not Specifically Identified

$258,721

State Funds

$5,522,458

State General Funds

$5,522,458

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3114

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce operating expenses.
Eliminate 1 filled and 2 vacant positions.
Amount appropriated in this Act

State Funds $6,571,774
$68,966

Total Funds $6,899,995
$68,966

($44,054) $0

($44,054) $0

($142,063)

($142,063)

($27,668) ($6,608)
($740,829) ($157,060) $5,522,458

($27,668) ($6,608)
($740,829) ($157,060) $5,850,679

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

$3,513,943

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,513,943

State General Funds

$3,513,943

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3115

Amount from prior Appropriation Act (HB990)
Reduce funds to reflect the revised revenue estimate.
Reduce operating expenses.
Transfer the FY 2009 salary increase to the contract within the Department of Agriculture from the Athens/Tifton Veterinary Laboratories.
Amount appropriated in this Act

State Funds $3,775,613
($17,027)
($309,289) $64,646

Total Funds $3,775,613
($17,027)
($309,289) $64,646

$3,513,943

$3,513,943

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

$32,003,698

Federal Funds and Grants

$7,199,221

Federal Funds Not Specifically Identified

$7,199,221

Other Funds

$1,835,000

Other Funds - Not Specifically Identified

$1,835,000

State Funds

$22,969,477

State General Funds

$22,969,477

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 (HB990)

$24,393,914

$33,428,135

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$99,775

$99,775

Defer state employees' salary increases.

($346,718)

($346,718)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

3116

JOURNAL OF THE HOUSE

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce operating expenses.
Provide funds for one food safety specialist ($66,138) and five food safety inspectors ($206,127).
Amount appropriated in this Act

($699,601)

($699,601)

($114,931)
($635,227) $272,265

($114,931)
($635,227) $272,265

$22,969,477

$32,003,698

13.4. Marketing and Promotion

Purpose: Expand sales of Georgia's commodities from growers by promoting them domestically and internationally.

Total Funds

$9,622,374

Federal Funds and Grants

$780,600

Federal Funds Not Specifically Identified

$780,600

Other Funds

$1,470,968

Other Funds - Not Specifically Identified

$1,470,968

State Funds

$7,370,806

State General Funds

$7,370,806

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,339,788

$10,591,356

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$35,181

$35,181

Defer state employees' salary increases.

($40,459)

($40,459)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to

$0

$0

THURSDAY, MARCH 19, 2009

3117

17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce operating expenses.
Provide marketing funds for emerging international markets.
Provide funds for the Federation of Southern Cooperatives.
Amount appropriated in this Act

($132,100)

($132,100)

($36,182) ($910,422)
$75,000 $40,000 $7,370,806

($36,182) ($910,422)
$75,000 $40,000 $9,622,374

13.5. Poultry Veterinary Diagnostic Labs

Purpose: Provide poultry disease diagnostic and monitoring services with a focus on avian influenza.

Total Funds

$3,331,395

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,331,395

State General Funds

$3,331,395

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,638,336

$3,638,336

Defer state employees' salary increases.

($76,184)

($76,184)

Reduce funds to reflect the revised revenue estimate.

($17,028)

($17,028)

Reduce operating expenses.

($213,729)

($213,729)

Amount appropriated in this Act

$3,331,395

$3,331,395

3118

JOURNAL OF THE HOUSE

Section 14: Banking and Finance, Department of Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$11,975,215 $0 $0
$11,975,215 $11,975,215
$0

14.1. Administration

Purpose: Provide administrative support to all department programs.

Total Funds

$2,065,224

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,065,224

State General Funds

$2,065,224

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,089,102

$2,089,102

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$183

$183

Defer state employees' salary increases.

($21,807)

($21,807)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($68,086)

($68,086)

THURSDAY, MARCH 19, 2009

3119

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Redistribute funds based on current expenditures.
Redistribute funding and 1 position from the Chartering, Licensing, and Applications/NonMortgage Entities program.
Eliminate 1 vacant district information systems specialist position.
Amount appropriated in this Act

($1,901)
$16,000 $153,096
($101,363) $2,065,224

($1,901)
$16,000 $153,096
($101,363) $2,065,224

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

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$550,974

$550,974

Defer state employees' salary increases.

($6,555)

($6,555)

Redistribute funding and positions to the following programs to align program structure with the department's service delivery model: Administration ($153,096 and 1 position); Financial Institution Supervision ($127,264 and 1 position); and Non-Depository Financial Institutions ($264,059 and 3 positions); and eliminate the Chartering, Licensing and Applications/Non-Mortgage Entities program.

($544,419)

($544,419)

Amount appropriated in this Act

$0

$0

14.3. Consumer Protection and Assistance
Purpose: Assist consumers with problems encountered when dealing with department regulated entities.

3120

JOURNAL OF THE HOUSE

Total Funds

$214,137

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$214,137

State General Funds

$214,137

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 (HB990)

$660,553

$660,553

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,617

$1,617

Defer state employees' salary increases.

($6,872)

($6,872)

Eliminate 2 consumer and legal affairs specialists and 1 administrative assistant position and transfer 1 legal and consumer affairs specialist to the Financial Institution Supervision program.

($270,034)

($270,034)

Redistribute funds based on current expenditures.

($171,127)

($171,127)

Amount appropriated in this Act

$214,137

$214,137

14.4. Financial Institution Supervision

Purpose: Provide for safe and sound operation of Georgia state-chartered financial institutions, and protect the interests of the depositors, creditors, and shareholders of those institutions.

Total Funds

$7,666,219

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,666,219

State General Funds

$7,666,219

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3121

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Delete one-time funding for improvement to information systems controls that support business processes and objectives.
Redistribute funding and 1 legal and consumer affairs specialist from the Chartering, Licensing, and Applications/NonMortgage Entities program.
Consolidate the Douglas and Valdosta field offices into 1 centrally located field office in Tifton.
Redistribute funding and 1 position from Consumer Protection and Assistance program.
Realign funds based on current expenditures.
Realign funds based on current expenditures.
Amount appropriated in this Act

State Funds $7,757,393
$43,680

Total Funds $7,757,393
$43,680

($87,276) $0

($87,276) $0

($246,476)

($246,476)

($52,900) $127,264

($52,900) $127,264

($22,593)
$147,127 $723,469 ($723,469) $7,666,219

($22,593)
$147,127 $723,469 ($723,469) $7,666,219

14.5. Mortgage Supervision

Purpose: Protect customers from unfair, deceptive, or fraudulent residential mortgage lending practices, and enforce applicable laws and regulations.

Total Funds

$57,119

3122

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Federal Funds and Grants

$0

Other Funds

$0

State Funds

$57,119

State General Funds

$57,119

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,840,251

$1,840,251

Defer state employees' salary increases.

($18,078)

($18,078)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reflect changes to program structure to clearly delineate between financial institutions and non-depository institutions and the divisions they regulate.

($1,765,054)

($1,765,054)

Amount appropriated in this Act

$57,119

$57,119

14.6. Non-Depository Financial Institution Supervision

Purpose: Protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by non-bank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program.

Total Funds

$1,972,516

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,972,516

State General Funds

$1,972,516

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$0

THURSDAY, MARCH 19, 2009

3123

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Redistribute funds based on current expenditures.
Reflect changes to program structure to clearly delineate between financial institutions and non-depository institutions, as well as the divisions they regulate.
Redistribute funding and 3 positions from the Chartering, Licensing, and Applications/NonMortgage Entities program.
Realign funds based on current expenditures.
Realign funds based on current expenditures.
Amount appropriated in this Act

$1,207 ($65,804)

$1,207 ($65,804)

$8,000 $1,765,054

$8,000 $1,765,054

$264,059
$521,345 ($521,345) $1,972,516

$264,059
$521,345 ($521,345) $1,972,516

Section 15: Community Affairs, Department of Total Funds Federal Funds and Grants
Temporary Assistance for Needy Families Block Grant 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

$212,971,354 $167,079,288
$100,000 $166,979,288
$15,138,318 $59,151
$15,079,167 $30,578,748 $30,578,748
$175,000 $175,000

3124

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15.1. Administration

Purpose: Provide administrative support for all programs of the department.

Total Funds

$5,084,744

Federal Funds and Grants

$1,611,802

Federal Funds Not Specifically Identified

$1,611,802

Other Funds

$1,726,601

Other Funds - Not Specifically Identified

$1,726,601

State Funds

$1,746,341

State General Funds

$1,746,341

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,233,357

$5,571,760

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($13,190)

($13,190)

Defer state employees' salary increases.

($19,327)

($19,327)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($52,465)

($52,465)

Reduce funds to reflect the revised revenue estimate.

$0

$0

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($763)

($763)

Reduce operating expenses.

($55,771)

($55,771)

Reduce personal service costs to reflect projected expenditures.

($250,000)

($250,000)

THURSDAY, MARCH 19, 2009

3125

Replace state funds with other funds for 2 administrative positions.
Amount appropriated in this Act

($95,500) $1,746,341

($95,500) $5,084,744

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

$454,713

Federal Funds and Grants

$0

Other Funds

$239,704

Other Funds - Not Specifically Identified

$239,704

State Funds

$215,009

State General Funds

$215,009

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 (HB990)

$314,573

$554,277

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($220)

($220)

Defer state employees' salary increases.

($3,428)

($3,428)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($9,275)

($9,275)

Reduce contract funds.

($30,000)

($30,000)

Replace state funds with other funds for 1 construction codes consultant position.

($56,641)

($56,641)

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Amount appropriated in this Act

$215,009

$454,713

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

$7,851,655

Federal Funds and Grants

$0

Other Funds

$110,069

Agency Funds

$59,151

Other Funds - Not Specifically Identified

$50,918

State Funds

$7,741,586

State General Funds

$7,741,586

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,850,247

$3,901,165

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($675)

($675)

Defer state employees' salary increases.

($20,741)

($20,741)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($55,525)

($55,525)

Reduce contract funds.

($60,000)

($60,000)

Reduce operating expenses.

($7,882)

($7,882)

THURSDAY, MARCH 19, 2009

3127

Eliminate 2 vacant planner positions.
Delete one-time funds to implement the Coastal Comprehensive Plan.
Reduce personal service costs to properly reflect expenditures.
Fund the Regional Development Commission formula.
Amount appropriated in this Act

($138,521) ($300,000) ($84,151) $4,558,834 $7,741,586

($138,521) ($300,000) ($25,000) $4,558,834 $7,851,655

15.4. Environmental Education and Assistance

Purpose: Provide technical assistance, resource tools, and public education outreach resources.

Total Funds

$4,191,018

Federal Funds and Grants

$6,000

Federal Funds Not Specifically Identified

$6,000

Other Funds

$3,380,480

Other Funds - Not Specifically Identified

$3,380,480

State Funds

$804,538

State General Funds

$804,538

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,058,445

$4,444,925

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($571)

($571)

Defer state employees' salary increases.

($7,328)

($7,328)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment

($29,753)

($29,753)

3128

JOURNAL OF THE HOUSE

Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce contract funds.
Reduce operating expenses.
Eliminate 1 vacant human services program auditor position.
Reduce funds for the litter clean up and prevention program.
Amount appropriated in this Act

$0
($56,000) ($7,255)
($53,000)
($100,000)
$804,538

$0
($56,000) ($7,255)
($53,000)
($100,000)
$4,191,018

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

$47,099,773

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

$1,704,776

State General Funds

$1,704,776

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,066,924

$47,461,921

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($1,032)

($1,032)

Defer state employees' salary increases.

($20,467)

($20,467)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

THURSDAY, MARCH 19, 2009

3129

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce personal service costs to reflect projected expenditures.
Eliminate 1 vacant assistant commissioner position.
Reduce funds from Hands on Georgia challenge grants.
Amount appropriated in this Act

($32,678)

($32,678)

$0 ($40,000) ($167,971) ($100,000) $1,704,776

$0 ($40,000) ($167,971) ($100,000) $47,099,773

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

Federal Funds and Grants

$794,163

Federal Funds Not Specifically Identified

$794,163

Other Funds

$3,837,828

Other Funds - Not Specifically Identified

$3,837,828

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:

3130

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Delete one-time funds for local assistance grants.
Amount appropriated in this Act

State Funds $6,000,000
($6,000,000)
$0

Total Funds $6,000,000
($6,000,000)
$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

$2,538,048

Federal Funds and Grants

$0

Other Funds

$500,000

Other Funds - Not Specifically Identified

$500,000

State Funds

$1,863,048

State General Funds

$1,863,048

Intra-State Government Transfers

$175,000

Other Intra-State Government Payments

$175,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,435,333

$2,935,333

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($631)

($631)

Defer state employees' salary increases.

($17,999)

($17,999)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to

($62,771)

($62,771)

THURSDAY, MARCH 19, 2009

3131

30% of the cost of the plan. Reduce funds to reflect the revised revenue estimate. Reduce contract funds. Reduce operating expenses. Eliminate 1 resource coordinator position. Delete funds provided in FY 2009 for the Georgia Rural Water Association. Reduce operating expenses for the Signature Communities program. Amount appropriated in this Act

$0
($25,000) ($27,389) ($38,495) ($50,000)
($350,000)
$1,863,048

$0
($25,000) ($27,389) ($38,495) ($50,000)
($175,000)
$2,538,048

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

$124,241,203

Federal Funds and Grants

$118,208,730

Federal Funds Not Specifically Identified

$118,208,730

Other Funds

$3,067,096

Other Funds - Not Specifically Identified

$3,067,096

State Funds

$2,965,377

State General Funds

$2,965,377

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 (HB990)

$3,287,829 $124,563,655

Reduce funds to reflect the revised revenue estimate.

$0

$0

Reduce matching funds for the Affordable Home program.

($322,452)

($322,452)

Amount appropriated in this Act

$2,965,377 $124,241,203

15.10. Research and Surveys Purpose: Conduct surveys and collect financial/management data from local

3132

JOURNAL OF THE HOUSE

governments and authorities as directed by statute.

Total Funds

$492,066

Federal Funds and Grants

$0

Other Funds

$24,163

Other Funds - Not Specifically Identified

$24,163

State Funds

$467,903

State General Funds

$467,903

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 (HB990)

$629,847

$654,010

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($282)

($282)

Defer state employees' salary increases.

($6,000)

($6,000)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($17,466)

($17,466)

Reduce contract funds.

($20,693)

($20,693)

Reduce operating expenses.

($24,000)

($24,000)

Replace state funds with other funds for a senior information specialist.

($76,003)

($76,003)

Eliminate funds for temporary positions.

($17,500)

($17,500)

Amount appropriated in this Act

$467,903

$492,066

15.11. Special Housing Initiatives Purpose: Provide funding for special housing initiatives.

THURSDAY, MARCH 19, 2009

3133

Total Funds

$5,794,954

Federal Funds and Grants

$1,354,596

Temporary Assistance for Needy Families Block Grant

$100,000

Federal Funds Not Specifically Identified

$1,254,596

Other Funds

$1,107,466

Other Funds - Not Specifically Identified

$1,107,466

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 (HB990)

$3,632,892

$6,094,954

Reduce funds to reflect the revised revenue estimate.

$0

$0

Delete one-time funds provided in FY 2009 for the State Housing Trust Fund to provide contract caseworkers to assist homeless families in achieving housing stability.

($300,000)

($300,000)

Amount appropriated in this Act

$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

$1,400,738

Federal Funds and Grants

$5,000

Federal Funds Not Specifically Identified

$5,000

Other Funds

$0

State Funds

$1,395,738

State General Funds

$1,395,738

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3134

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce operating expenses.
Delete one-time funds provided in FY 2009 for an emergency operation facility in Fayette County.
Delete one-time funds provided in FY 2009 for the construction of an ADA compliant regional athletic facility in Hall County.
Delete one-time funds provided in FY 2009 for the City of Porterdale Community Center Gymnasium reconstruction.
Delete one-time funds provided in FY 2009 to renovate and expand the Tift County Multipurpose Livestock Building.
Delete one-time funds provided in FY 2009 to renovate and expand the Jeff Davis County Multipurpose Livestock Building.
Amount appropriated in this Act

State Funds $2,395,728
($845)

Total Funds $2,400,728
($845)

($11,999) $0

($11,999) $0

($36,698)

($36,698)

$49,552 ($200,000) ($300,000) ($200,000) ($125,000) ($175,000) $1,395,738

$49,552 ($200,000) ($300,000) ($200,000) ($125,000) ($175,000) $1,400,738

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.

THURSDAY, MARCH 19, 2009

3135

Total Funds

$3,275,395

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

$3,107,127

State General Funds

$3,107,127

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 (HB990)

$8,939,055

$9,107,323

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($354)

($354)

Defer state employees' salary increases.

($1,063)

($1,063)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($2,229)

($2,229)

Eliminate funds for the Life Sciences Facilities Fund.

($4,403,282)

($4,403,282)

Remove funds for the Georgia Cities grant due to completion of state's commitment to provide dollar for dollar match with a private foundation.

($1,500,000)

($1,500,000)

Transfer the Appalachian Community Enterprise contract for micro-enterprise loans to the Department of Community Affairs from the Department of Economic Development.

$75,000

$75,000

3136

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$3,107,127

$3,275,395

The following appropriations are for agencies attached for administrative purposes.

15.14. Payments to Georgia Environmental Facilities Authority

Purpose: Provide funds for water, wastewater, solid waste, energy, and land conservation projects.

Total Funds

$998,989

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$998,989

State General Funds

$998,989

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$11,725,014

$11,725,014

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($12,804)

($12,804)

Reduce funds to reflect the revised revenue estimate.

($60,220)

($60,220)

Maintain funding for local Land Conservation grants only.

($10,000,000) ($10,000,000)

Reduce funds for Water Sewer Grants.

($350,000)

($350,000)

Reduce funds for the Georgia Rural Water Association.

($50,000)

($50,000)

Reduce funds for operations in the State Energy Utilities program.

($253,001)

($253,001)

Amount appropriated in this Act

$998,989

$998,989

THURSDAY, MARCH 19, 2009

3137

15.15. Payments to Georgia Regional Transportation Authority

Purpose: Improve Georgia's mobility, air quality, and land use practices.

Total Funds

$4,235,424

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$4,235,424

State General Funds

$4,235,424

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,857,300

$4,857,300

Defer state employees' salary increases.

($52,736)

($52,736)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($127,756)

($127,756)

Reduce funds to reflect the revised revenue estimate.

($42,867)

($42,867)

Replace state funds with other funds for operating expenses.

($398,517)

($398,517)

Amount appropriated in this Act

$4,235,424

$4,235,424

15.16. Payments to OneGeorgia Authority Purpose: Provide funds for the OneGeorgia Authority.
Total Funds Federal Funds and Grants Other Funds
Other Funds - Not Specifically Identified

$680,643 $0
$680,643 $680,643

3138

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 (HB990)

$47,123,333

$47,803,976

Replace Tobacco Settlement Funds with other funds for operations.

($47,123,333) ($47,123,333)

Amount appropriated in this Act

$0

$680,643

Section 16: Community Health, Department of Total Funds Federal Funds and Grants
Medical Assistance Program State Children's Insurance Program Federal Funds Not Specifically Identified Other Funds Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Prior Year Funds - Other State Funds Tobacco Funds State General Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies

$11,639,532,685 $6,366,421,846 $6,043,751,310 $318,396,794 $4,273,742 $216,662,537 $77,276,013 $136,686,524 $2,700,000 $1,942,559,939 $265,331,725 $1,677,228,214 $3,113,888,363 $2,833,031,101 $280,857,262

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 Federal Funds Not Specifically Identified Other Funds

$396,872,539 $282,766,545 $259,419,368 $23,154,035
$193,142 $232,160

THURSDAY, MARCH 19, 2009

3139

Agency Funds

$232,160

State Funds

$91,871,841

State General Funds

$91,871,841

Intra-State Government Transfers

$22,001,993

Health Insurance Payments

$22,001,993

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$106,922,412 $431,809,973

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($179,962)

($179,962)

Defer state employees' salary increases.

($224,411)

($510,000)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($435,342)

($1,172,426)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($1,103)

($1,103)

Reduce funds for under-utilized contracts (Total Funds: $27,964,487).

($11,159,425) ($27,964,487)

Reduce funds for personal services by maintaining vacant positions.

($1,064,215)

($2,128,430)

Reduce operating expenses.

($1,389,179)

($2,778,359)

Reduce funds for the Health Information Exchange contract.

($1,000,000)

($1,000,000)

Transfer funds for regulatory services from the Department of Human Resources (DHR) to reflect implementation of SB 433 from the

$378,066

$747,333

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JOURNAL OF THE HOUSE

2008 legislative session.
Two FTEs will be necessary to use the data derived from the PARIS initiative to ensure those identified as possibly being enrolled in Medicaid in more than one state are purged from Georgia's system as appropriate.
Reduce funds for administration of the regulatory services program transferred from the Department of Human Resources (DHR) in FY 2010.
Fund the application of a family planning waiver to provide family planning services to women at the same eligibility level as current pregnancy services are provided (200% FPL).
Amount appropriated in this Act

$0

$0

$0

$0

$25,000

$50,000

$91,871,841 $396,872,539

16.2. Aged, Blind and Disabled Medicaid

Purpose: Improve healthcare access primarily to elderly and disabled individuals.

Total Funds

$3,815,487,435

Federal Funds and Grants

$2,731,363,166

Medical Assistance Program

$2,731,363,166

Other Funds

$62,342,988

Agency Funds

$62,342,988

State Funds

$754,492,649

State General Funds

$754,492,649

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:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,138,859,171 $3,998,933,946

Recognize funding from the American

($321,822,678)

$0

Recovery and Reinvestment Act (ARRA) of

2009 by increasing federal funds to reflect a

change in the Medicaid federal participation

rate from 65.05% to 74.82% and an increase

in Title IV-E funds.

THURSDAY, MARCH 19, 2009

3141

Use 80% of the 2007 Medicare fee schedule to reimburse providers of durable medical equipment ($1,066,339) and physicianadministered injectable drugs ($3,886,521) (Total Funds: $14,129,834).
Add 100 Independent Care Waiver Program (ICWP) slots for Money Follows the Person.
Increase federal funds to reflect change in Medicaid federal participation rate from 64.14% in FY 2009 to 65.05% in FY 2010.
Reflect depletion of prior year reserves.
Reflect savings from the public assistance reporting and information system (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payors.
Increase funds for Medicaid benefits growth and the depletion of prior year reserves.
Perform expedited eligibility reviews of Ex Parte Medicaid members.
Reduce state general funds provided in FY 2009 for provider rate increases.
Recognize additional savings from fraud and abuse recoveries.
Recognize new hospital and managed care provider fees; and use funds to implement and expand the FY 2009 inpatient and outpatient hospital rate increases. (Revised: Remove hospital and CMO provider fees and the associated provider increases)
Recognize new hospital and managed care provider fees and use funds to implement FY 2009 rate increases for waiver service providers in both the Mental Retardation Waiver Program (MRWP) and the Community Care Service Program (CCSP) administered by DHR. (Revised: Remove hospital and CMO provider fees and the associated provider increases)

($4,952,860) ($14,129,834)

$1,572,750 $0

$4,486,841 $104,411,891

$0 ($182,219,294)

($1,599,346)

($4,608,112)

$73,768,888 $210,452,572

($4,865,799) ($13,881,461)

($35,083,373) ($100,088,076)

($1,597,692)

($4,557,997)

$0

$0

$0

$0

3142

JOURNAL OF THE HOUSE

Recognize new hospital and managed care provider fees, and implement the following FY 2009 provider rate increases adjusted to account for growth in enrollment and utilization (Total Funds: $25,730,103): a. Physicians ($4,541,253), b. Ambulance ($1,859,804), c. Home health ($1,508,673), d. HealthCheck ($24,246), e. Digital mammography ($150,686), f. Global maternity ($579,701), and g. Personal support services in the Independent Care Waiver Program (ICWP) ($354,680). (Revised: Remove hospital and CMO provider fees and the associated provider increases)
Recognize new hospital and managed care provider fees, and use funds to implement: a. Fair rental value ($7,000,000), b. Nursing home cost report ($6,207,000), and c. Nursing home quality incentive program ($1,793,000). (Revised: Remove hospital and CMO provider fees and the associated provider increases)
Reduce inpatient and outpatient hospital expenditures by 10%.
Reduce Medicaid provider expenditures by 6% with the exception of the following service providers: State providers, nursing homes, community mental health, PRTF, diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, MRWP, CHSS, CCSP, SOURCE, GAPP services, and disease state management.
Fund fair rental value ($7,000,000) and quality incentive program ($1,793,000) for Nursing Homes.
Realign Medicaid Benefit expenditures.
Amount appropriated in this Act

$0

$0

$0

$0

$0

$0

$0

$0

$8,793,000

$34,920,571

($98,579,412) ($218,233,612) $754,492,649 $3,815,487,435

16.3. Health Care Access and Improvement Purpose: Improve the health, wellness and access to healthcare for Georgians.

THURSDAY, MARCH 19, 2009

3143

Total Funds

$22,646,994

Federal Funds and Grants

$7,406,675

Medical Assistance Program

$3,326,075

Federal Funds Not Specifically Identified

$4,080,600

Other Funds

$172,549

Agency Funds

$172,549

State Funds

$15,067,770

State General Funds

$15,067,770

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 (HB990)

$25,584,060

$26,272,898

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($361)

($361)

Defer state employees' salary increases.

($6,488)

($6,488)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($172,720)

($375,478)

Defer funds for the Georgia Association of Primary Health Care provided for in FY 2009.

($2,000,000)

($2,000,000)

Defer funds for the Wellness Incentive Pilot program provided for in FY 2009.

($150,000)

($150,000)

Defer funds for Safety Net Clinics provided for in FY 2009.

($950,000)

($950,000)

Reduce funding for the Office of Rural Health Community Service grants.

($500,000)

($500,000)

3144

JOURNAL OF THE HOUSE

Defer funds for the Georgia Marketplace Authority provided for in FY 2009.
Defer funds for the Southeastern Firefighter's Burn Foundation provided for in FY 2009.
Reduce funds for Hughes Spalding Children's Hospital to reflect the end of the multi-year funding commitment in FY 2009.
Defer funds for the Rural Health Initiative provided for in FY 2009.
Transfer funds for regulatory services from DHR to reflect implementation of SB 433 from the 2008 legislative session.
Provide funding for the expansion of the Federally Qualified Community Health Centers.
Amount appropriated in this Act

($2,000,000) ($250,000)
($1,500,000)

($2,000,000) ($250,000)
($1,500,000)

($10,600,000) $5,613,279

($10,600,000) $12,706,423

$2,000,000

$2,000,000

$15,067,770

$22,646,994

16.4. Indigent Care Trust Fund

Purpose: Support rural and other healthcare providers, primarily hospitals that serve medically indigent Georgians.

Total Funds

$395,962,493

Federal Funds and Grants

$257,075,969

Medical Assistance Program

$257,075,969

Other Funds

$138,886,524

Agency Funds

$2,200,000

Indigent Care Trust Fund - Public Hospital Authorities

$136,686,524

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 (HB990)

$0 $398,662,493

Transfer prior year reserves from the Indigent Care Trust Fund to Low Income Medicaid.

$0

($2,700,000)

Recognize new hospital and managed care provider fees and provide funds for the

$0

$0

THURSDAY, MARCH 19, 2009

3145

Georgia Trauma Network Commission (GTNC) administered by DHR. (Revised: Remove hospital and CMO provider fees and the associated provider increases)
Recognize new hospital and managed care provider fees, and use to fund disproportionate share hospital (DSH) payments for private deemed and non-deemed hospitals. (Revised: Remove hospital and CMO provider fees and the associated provider increases)
Amount appropriated in this Act

$0

$0

$0 $395,962,493

16.5. Low-Income Medicaid

Purpose: Improve healthcare access primarily to low-income individuals.

Total Funds

$3,411,810,992

Federal Funds and Grants

$2,574,141,415

Medical Assistance Program

$2,574,141,415

Other Funds

$15,028,316

Agency Funds

$12,328,316

Prior Year Funds - Other

$2,700,000

State Funds

$809,224,414

Tobacco Funds

$265,331,725

State General Funds

$543,892,689

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 (HB990)

$967,807,351 $3,154,813,458

Recognize funding from the American

($328,071,736)

$0

Recovery and Reinvestment Act (ARRA) of

2009 by increasing federal funds to reflect a

change in the Medicaid federal participation

rate from 65.05% to 74.82% and an increase

in Title IV-E funds.

3146

JOURNAL OF THE HOUSE

Use 80% of the 2007 Medicare fee schedule to reimburse providers of durable medical equipment ($133,661) and physicianadministered injectable drugs ($1,041,478) (Total Funds: $3,352,511).
The federal financial participation rate is expected to increase from .6414 in FY 2009 to .6505 in FY 2010 in Medicaid.
Reflect savings from the public assistance reporting and information system (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payors.
Increase federal funds to reflect change in Medicaid federal participation rate from 64.14% in FY2009 to 65.05% in FY 2010.
Reflect the depletion of prior year reserves.
Increase funds for Medicaid benefits growth and the depletion of prior year reserves.
Perform expedited eligibility reviews of Ex Parte Medicaid members.
Reduce state general funds provided for in FY 2009 for provider rate increases.
Transfer prior year reserve from Indigent Care Trust Fund to Low Income Medicaid.
Replace state general funds with prior year reserves from the Indigent Care Trust Fund.
Recognize additional savings from fraud and abuse recoveries.
Recognize new hospital and managed care provider fees; and use funds to implement and expand the FY 2009 inpatient and outpatient hospital rate increases. (Revised: Remove hospital and CMO provider fees and the associated provider increases)
Reduce state funds to reflect savings from new hospital and managed care provider fees.
Recognize new hospital and managed care provider fees, and fund projected Medicaid needs.

($1,175,139)

($3,352,512)

$0

$10,928,904

($1,986,654)

($5,724,044)

$0

$70,313,803

$0 ($402,334,396) $148,732,112 $424,312,423

($4,052,454) ($11,561,098)

($22,706,943) ($64,779,810)

$0

$2,700,000

($2,700,000)

($2,700,000)

($260,090)

($742,001)

$0

$0

$0

$0

$0

$0

THURSDAY, MARCH 19, 2009

3147

Recognize new hospital and managed care provider fees, and implement the following FY 2009 provider rate increases adjusted to account for growth in enrollment and utilization (Total Funds: $33,629,450): a. Physicians ($8,808,522), b. Ambulance ($65,641), c. Home health ($309,251), d. HealthCheck ($652,395), e. Digital mammography ($297,116), f. Global maternity ($1,654,119), and g. Personal support services in the Independent Care Waiver Program (ICWP) ($918). (Revised: Remove hospital and CMO provider fees and the associated provider increases)
Reflect revised CMO fee projection based on new rate and updated enrollment. (Revised: Reflect revised CMO fee projection to reflect a fee at 5.5% for 3 months.)
Reduce inpatient and outpatient hospital expenditures by 10%.
Reduce Medicaid provider expenditures by 6% with the exception of the following service providers: State providers, nursing homes, community mental health, PRTF, diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, MRWP, CHSS, CCSP, SOURCE, GAPP services, and disease state management.
Fund projected Medicaid benefit growth.
Realign Medicaid Benefit expenditures.
After receiving CMS waiver, provide family planning services to women at 200% FPL.
Amount appropriated in this Act

$0

$0

($94,656,158) ($218,208,762)

$0

$0

$0

$0

$55,115,410 $92,953,715
$225,000

$190,710,761 $265,184,266
$2,250,000

$809,224,414 $3,411,810,992

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.

3148

JOURNAL OF THE HOUSE

Total Funds

$340,954,256

Federal Funds and Grants

$218,425,317

Medical Assistance Program

$218,425,317

Other Funds

$0

State Funds

$122,528,939

State General Funds

$122,528,939

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 (HB990)

$120,805,958 $335,870,759

The federal financial participation rate is expected to increase from .6414 in FY 2009 to .6505 in FY 2010 in Medicaid.

$0

$168,067

Increase nursing home provider fee collections to reflect updated projection.

$1,722,981

$4,915,430

Amount appropriated in this Act

$122,528,939 $340,954,256

16.7. PeachCare

Purpose: Improve access to healthcare for qualified low-income Georgia children.

Total Funds

$390,176,313

Federal Funds and Grants

$295,242,759

State Children's Insurance Program

$295,242,759

Other Funds

$0

State Funds

$94,781,771

State General Funds

$94,781,771

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 (HB990)

$98,672,929 $393,671,223

Reflect revised CMO fee projection based on new rate and updated enrollment. (Revised:

($16,179,206) ($63,925,804)

THURSDAY, MARCH 19, 2009

Reflect revised CMO fee projection to reflect a fee at 5.5% for 3 months.)
The federal financial participation rate is expected to increase from .7490 in FY 2009 to .7554 in FY 2010 for PeachCare, which will draw down more federal funds without an increase in state matching funds.
Increase federal funds to reflect change in PeachCare federal participation rate from 74.90% in FY 2009 to 75.54% in FY 2010.
Use 80% of the 2007 Medicare fee schedule to reimburse providers of physicianadministered injectable drugs.
Reduce state general funds provided in FY 2009 for provider rate increases.
Recognize new hospital and managed care provider fees; and use funds to implement and expand the FY 2009 inpatient and outpatient hospital rate increases. (Revised: Remove hospital and CMO provider fees and the associated provider increases)
Recognize new hospital and managed care provider fees, and implement the following FY 2009 provider rate increases adjusted to account for growth in enrollment and utilization (Total Funds: $2,463,783): a. Physicians ($305,777), b. Ambulance ($63,553), c. Home health ($5,648), d. HealthCheck ($63,310), e. Digital mammography ($28,076), and f. Global maternity ($138,187). (Revised: Remove hospital and CMO provider fees and the associated provider increases)
Recognize new hospital and managed care provider fees, and fund projected PeachCare needs. (Revised: Fund projected PeachCare benefit growth.)
Reduce inpatient and outpatient hospital expenditures by 10%.
Reduce Medicaid provider expenditures by 6% with the exception of the following

$0 $0 ($72,001) ($1,284,916) $0
$0
$8,019,268 $0 $0

3149 $2,285,969 $8,068,614 ($293,433) ($5,236,540)
$0
$0
$32,681,683 $0 $0

3150

JOURNAL OF THE HOUSE

service providers: State providers, nursing homes, community mental health, PRTF, diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, MRWP, CHSS, CCSP, SOURCE, GAPP services, and disease state management.
Realign PeachCare Benefit expenditures.
Amount appropriated in this Act

$5,625,697 $94,781,771

$22,924,601 $390,176,313

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

$2,811,029,108

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$0

Intra-State Government Transfers

$2,811,029,108

Health Insurance Payments

$2,811,029,108

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0 $2,704,743,166

Health Insurance Payment Revenue of $30,345,470 is being added to State Health Benefit Plan revenues to offset the elimination of a one-time FY 2009 prefunding in SHBP of the same amount. The revenue source being zeroed out is 'Other Funds - Prior Year Reserves'.

$0

$0

Revenue for the State Health Benefit Plan is projected to increase by $224.4 million above the original appropriation for FY 2009. The revenue source is 'Health Insurance Payments".

$0

$87,191,472

Implement optimal pricing strategies to incentivize member enrollment in Consumer

$0

$17,122,353

THURSDAY, MARCH 19, 2009

3151

Driven Health Plans (CDHP) while increasing employee premiums by an average of 5%, effective January 1, 2010.
Utilize FY 2009 net assets to subsidize FY 2010 employer contributions.
Reflect reductions in the employer contribution rate for future OPEB liability for state employees, thus decreasing the rate from 22.165% to 17.856%, effective January 1, 2010.
Reflect reductions in the employer contribution rate for SHBP by increasing the employees contribution rate from 25% to 30%; a decrease from 17.856% to 16.567% for state employees and from 18.534% to 17.245% for teachers, effective January 1, 2010.
Maintain the employee share of the State Health Benefit Plan at 25%.
Amount appropriated in this Act

$0 $168,620,098 $0 ($117,820,437)
$0 ($119,091,570)

$0

$70,264,026

$0 $2,811,029,108

It is the intention of this General Assembly that the Department of Community Health implement a direct bill system for revenue collection of the employer share of premium costs. The direct bill rates paid by state agencies in the direct bill system shall be set based on an equivalent amount of employer revenue appropriated on behalf of active and retired state employees in HB 210. The direct bill rates paid by local boards of education in the direct bill system shall be set based on an equivalent amount of employer revenue appropriated on behalf of active and retired teachers and school employees in HB 210, effective January 1, 2010. The employer contribution rate for the teachers' health benefit plan for Fiscal Year 2010 shall not exceed 18.046% and for the state employees' health benefit plan for Fiscal Year 2010 shall not exceed 17.329%.

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

$2,050,168

Federal Funds and Grants

$0

3152

JOURNAL OF THE HOUSE

Other Funds

$0

State Funds

$2,050,168

State General Funds

$2,050,168

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,394,849

$2,394,849

Defer state employees' salary increases.

($25,552)

($25,552)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($67,413)

($67,413)

Reduce funds to reflect the revised revenue estimate.

($20,784)

($20,784)

Eliminate 1 medical board agent position and 1 applications specialist position.

($102,461)

($102,461)

Reduce funds for case reviewers ($60,000) and for medical peer reviews ($24,000).

($84,000)

($84,000)

Reduce hearing-related operating expenses, including employee travel, newsletter and publications expenses.

($44,471)

($44,471)

Amount appropriated in this Act

$2,050,168

$2,050,168

16.10. Georgia Board for Physician Workforce, Administration Purpose: Provide administrative support to all agency programs.
Total Funds Federal Funds and Grants Other Funds

$271,057 $0 $0

THURSDAY, MARCH 19, 2009

3153

State Funds

$271,057

State General Funds

$271,057

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$855,498

$855,498

Defer state employees' salary increases.

($29,146)

($29,146)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($16,770)

($16,770)

To remove one-time budget requests from the base.

($26,525)

($26,525)

Remove funding provided for in FY 2009 for interns to assist on physician workforce projects.

($12,000)

($12,000)

Defer medical education expansion study provided for in FY 2009.

($500,000)

($500,000)

Amount appropriated in this Act

$271,057

$271,057

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

3154

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 (HB990)

$9,853,061

$9,853,061

Reduce funds to reflect the revised revenue estimate.

$0

$0

Reduce funding provided for in FY 2009 for graduate medical education.

$0

$0

Amount appropriated in this Act

$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; funding the Savannah campus at $5,500,000 and the Macon campus at $19,060,862.

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

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$24,560,862

$24,560,862

Reduce funds to reflect the revised revenue estimate.

$0

$0

Decrease Mercer University School of Medicine operating grant by 8.7%.

$0

$0

Amount appropriated in this Act

$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

$12,997,293

THURSDAY, MARCH 19, 2009

3155

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 (HB990)

$12,997,293

$12,997,293

Reduce funds to reflect the revised revenue estimate.

$0

$0

Decrease Morehouse School of Medicine operating grant by 8.7%.

$0

$0

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

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,538,484

$3,538,484

Reduce funds to reflect the revised revenue estimate.

$0

$0

Reduce funding for the undergraduate medical education program.

$0

$0

Amount appropriated in this Act

$3,538,484

$3,538,484

3156

JOURNAL OF THE HOUSE

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

$1,321,630

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,321,630

State General Funds

$1,321,630

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 (HB990)

$1,439,892

$1,439,892

Defer state employees' salary increases.

($11,251)

($11,251)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($7,011)

($7,011)

Decrease funding for medical scholarship awards.

($60,000)

($60,000)

Discontinue contract with Georgia Student Finance Commission for loan and scholarship tracking; administer internally.

($15,000)

($15,000)

Reduce funding for loan repayment program.

($25,000)

($25,000)

Amount appropriated in this Act

$1,321,630

$1,321,630

Section 17: Corrections, Department of Total Funds
American Recovery and Reinvestment Act

$1,115,793,266 $97,234,674

THURSDAY, MARCH 19, 2009

3157

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

$103,124,312 $5,889,638 $30,236,240 $30,236,240
$971,876,888 $971,876,888
$10,555,826 $10,555,826

17.1. Administration

Purpose: Protect and serve the citizens of Georgia by administering an effective, efficient, and balanced correctional system.

Total Funds

$60,004,992

Federal Funds and Grants

$2,462,251

Federal Funds Not Specifically Identified

$2,462,251

Other Funds

$102,491

Other Funds - Not Specifically Identified

$102,491

State Funds

$57,440,250

State General Funds

$57,440,250

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 (HB990)

$55,017,209

$57,581,951

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$8,422,296

$8,422,296

Defer state employees' salary increases.

($516,295)

($516,295)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment

($1,053,843)

($1,053,843)

3158

JOURNAL OF THE HOUSE

Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Annualize operations for fast track units at Smith (2 months) and Valdosta (6 months) State Prisons.
Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.
Provide 12 months of operating funds for 3 fast track units at Hays, Coastal, and Ware State Prisons.
Provide funds for training correctional officers and the consolidation of regional training at the new Tift College campus.
Realize efficiencies in staffing patterns for counselors, secretaries, clerks, and chaplains.
Reduce cost of operations agency-wide.
Reduce funding for motor vehicle purchases.
Reduce contractual services funding.
Consolidate training activities at the new Tift College campus.
Realize savings in communications center operations through the use of updated technology.
Amount appropriated in this Act

($296,054)

($296,054)

$12,853

$12,853

($3,405) $21,434

($3,405) $21,434

$803,902

$803,902

($453,022)
($1,741,850) ($412,720) ($260,100)
($1,738,398)
($361,757)

($453,022)
($1,741,850) ($412,720) ($260,100)
($1,738,398)
($361,757)

$57,440,250

$60,004,992

17.2. Bainbridge PSATC

Purpose: Provide a sanctioning option for probationers who require more security and supervision than provided by regular community supervision.

Total Funds

$6,255,648

Federal Funds and Grants

$20,743

Federal Funds Not Specifically Identified

$20,743

Other Funds

$172,046

Other Funds - Not Specifically Identified

$172,046

State Funds

$6,062,859

THURSDAY, MARCH 19, 2009

3159

State General Funds

$6,062,859

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 (HB990)

$6,408,425

$6,601,214

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,136

$1,136

Defer state employees' salary increases.

($103,998)

($103,998)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($106,396)

($106,396)

Reduce cost of operations agency-wide.

($136,308)

($136,308)

Amount appropriated in this Act

$6,062,859

$6,255,648

17.3. Food and Farm Operations

Purpose: Raise crops and livestock, and produce dairy items used in preparing meals for offenders.

Total Funds

$16,266,508

Federal Funds and Grants

$0

Other Funds

$2,100,000

Other Funds - Not Specifically Identified

$2,100,000

State Funds

$14,166,508

State General Funds

$14,166,508

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3160

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Annualize operations for fast track units at Smith (2 months) and Valdosta (6 months) State Prisons.
Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.
Provide 12 months of operating funds for 3 fast track units at Hays, Coastal, and Ware State Prisons.
Provide funds for training correctional officers and the consolidation of regional training at the new Tift College campus.
Provide start-up funds for a 256 bed fast track unit at Telfair State Prison.
Reduce cost of operations agency-wide.
Amount appropriated in this Act

State Funds $14,017,358
$56,959

Total Funds $16,117,358
$56,959

($80,186) $0

($80,186) $0

($156,032)

($156,032)

$34,227

$34,227

($2,763) $63,659

($2,763) $63,659

$602,285

$602,285

$16,927
($385,926) $14,166,508

$16,927
($385,926) $16,266,508

17.4. Health

Purpose: Provide the required constitutional level of health care to the inmates of the correctional system in the most cost-effective and humane manner possible.

Total Funds

$222,213,061

THURSDAY, MARCH 19, 2009

3161

Federal Funds and Grants

$0

Other Funds

$8,390,000

Other Funds - Not Specifically Identified

$8,390,000

State Funds

$213,823,061

State General Funds

$213,823,061

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 (HB990)

$218,169,039 $226,559,039

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$27,996

$27,996

Defer state employees' salary increases.

($176,259)

($176,259)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($360,720)

($360,720)

Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.

($781,583)

($781,583)

Provide start-up funds for a 256 bed fast track unit at Telfair State Prison.

$18,390

$18,390

Annualize operations for fast track units at Smith (2 months) and Valdosta (6 months) State Prisons.

$827,314

$827,314

Provide 12 months of operating funds for 3 fast track units at Hays, Coastal, and Ware State Prisons.

$1,541,333

$1,541,333

Reduce cost of operations agency-wide.

($2,142,449)

($2,142,449)

3162

JOURNAL OF THE HOUSE

To provide increased funding for medical services.
Reflect cost savings in emergent care included in HB 350.
Amount appropriated in this Act

$1,300,000 ($4,600,000) $213,823,061

$1,300,000 ($4,600,000) $222,213,061

17.5. Jail Subsidy

Purpose: Reimburse counties for the costs of incarcerating state prisoners in their local facilities.

Total Funds

$7,596,724

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,596,724

State General Funds

$7,596,724

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 (HB990)

$6,196,724

$6,196,724

Transfer funding from Offender Management to increase county jail subsidy.

$1,400,000

$1,400,000

Amount appropriated in this Act

$7,596,724

$7,596,724

17.6. Offender Management

Purpose: Provide cost-effective correctional services that ensure public safety.

Total Funds

$42,398,479

Federal Funds and Grants

$0

Other Funds

$30,000

Other Funds - Not Specifically Identified

$30,000

State Funds

$42,368,479

State General Funds

$42,368,479

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce cost of operations agency-wide.
Reduce the number of canine teams in the state from 31 to 17.
Defer departmental participation on 2 regional fugitive task forces.
Reduce CCI utilization by 5% to provide for an increase to jail subsidy funding.
Amount appropriated in this Act

State Funds $44,612,613
$123,514 ($48,806)
$0
($116,081)
($180,808) ($78,782) ($543,171) ($1,400,000) $42,368,479

17.7. Parole Revocation Centers Purpose: 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 Intra-State Government Transfers

3163 Total Funds $44,642,613
$123,514
($48,806) $0
($116,081)
($180,808) ($78,782) ($543,171) ($1,400,000) $42,398,479
$4,649,601 $10,510 $10,510
$405,000 $405,000 $4,234,091 $4,234,091
$0

3164

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 (HB990)

$4,658,760

$5,074,270

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$35,593

$35,593

Defer state employees' salary increases.

($186,837)

($186,837)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($109,388)

($109,388)

Realize efficiencies in staffing patterns for counselors, secretaries, clerks, and chaplains.

($18,476)

($18,476)

Reduce cost of operations agency-wide.

($145,561)

($145,561)

Amount appropriated in this Act

$4,234,091

$4,649,601

17.8. Private Prisons

Purpose: Provide a cost-effective correctional service that ensures public safety.

Total Funds

$84,279,503

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$84,279,503

State General Funds

$84,279,503

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3165

Amount from prior Appropriation Act (HB990)
Reduce funds to reflect the revised revenue estimate.
Provide funds for the annualized cost of 750 private prison beds partially funded in FY 2009.
Continue FY 2009 per diem rates for the state's 3 contracted private prisons.
Amount appropriated in this Act

State Funds $85,297,250
($10,787,675)
$11,787,675

Total Funds $85,297,250
($10,787,675)
$11,787,675

($2,017,747) $84,279,503

($2,017,747) $84,279,503

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

$39,375,205

Federal Funds and Grants

$671,975

Federal Funds Not Specifically Identified

$671,975

Other Funds

$6,002,836

Other Funds - Not Specifically Identified

$6,002,836

State Funds

$32,683,903

State General Funds

$32,683,903

Intra-State Government Transfers

$16,491

Other Intra-State Government Payments

$16,491

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$46,960,470

$53,651,772

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$306,052

$306,052

Defer state employees' salary increases.

($1,294,265)

($1,294,265)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

3166

JOURNAL OF THE HOUSE

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce cost of operations agency-wide.
Close the I.W. Davis and Terrell Probation Detention Centers (PDC) as well as an additional PDC based on reduced demand resulting from legislation changing the calculation for time-served.
Redistribute funding and 47 positions to the Transition Center (TC) program to reflect the remissioning of one unit of the Emanuel Probation Detention Center as a TC.
Redistribute funding and 49 positions to the State Prisons program to reflect the remissioning of West Central Probation Detention Center as a Pre-Release Center.
Amount appropriated in this Act

($1,076,876)

($1,076,876)

($1,466,790) ($5,816,109)

($1,466,790) ($5,816,109)

($2,314,792)

($2,314,792)

($2,613,787)

($2,613,787)

$32,683,903

$39,375,205

17.10. Probation Diversion Centers

Purpose: Provide a residential sentencing option that allows offenders to continue to work in the community while receiving close supervision from corrections officials.

Total Funds

$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 (HB990)

$7,628,790

$10,733,793

Defer state employees' salary increases.

($291,681)

($291,681)

THURSDAY, MARCH 19, 2009

3167

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Continue the migration from the Diversion Center sentencing option to a program intensive Day Reporting Center option by closing the 4 remaining diversion centers.
Redistribute funding and 31 positions to the Transition Center (TC) program to reflect the remissioning of Clayton Diversion Center as a TC.
Redistribute funding and 72 positions to the Probation Supervision program to continue the migration from the Diversion Center sentencing option to a program intensive Day Reporting Center (DRC) option by annualizing costs for Gainesville, Atlanta, and Waycross DRCs and funding an additional 6 DRCs statewide.
Amount appropriated in this Act

($224,292)

($224,292)

($3,158,730)

($6,263,733)

($78,764)

($78,764)

($3,875,323)

($3,875,323)

$0

$0

17.11. Probation Supervision

Purpose: Supervise probationers.

Total Funds

$87,275,726

Federal Funds and Grants

$60,032

Federal Funds Not Specifically Identified

$60,032

Other Funds

$1,644,264

Other Funds - Not Specifically Identified

$1,644,264

State Funds

$85,571,430

State General Funds

$85,571,430

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$86,521,774

$86,740,920

Reflect allocation of telecommunication expenses resulting from the GAIT

$1,159,472

$1,159,472

3168

JOURNAL OF THE HOUSE

Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Realize efficiencies in staffing patterns for counselors, secretaries, clerks, and chaplains.
Reduce funding for motor vehicle purchases.
Reduce cost of operations agency-wide.
Redistribute funding and 72 positions from the Probation Diversion Center program to annualize operating costs for Gainesville, Atlanta, and Waycross Day Reporting Centers (DRC), and fund 6 additional DRCs statewide.
Reduce the state funds obligation for existing Day Reporting Centers based on legislative authority to charge participants for services.
Recognize revenue from the collection of fees from Day Reporting Center participants based on new legislative authority (Other Funds: $1,485,150).
Amount appropriated in this Act

($888,066) $224,292

($888,066) $224,292

($2,333,779)

($2,333,779)

($4,859)
($25,426) ($2,282,301)
$3,875,323

($4,859)
($25,426) ($2,282,301)
$3,875,323

($675,000) $0

($675,000) $1,485,150

$85,571,430

$87,275,726

17.12. State Prisons

Purpose: House violent or repeat criminals, or nonviolent inmates who have exhausted all other forms of punishment.

Total Funds

$517,956,144

American Recovery and Reinvestment Act

$97,234,674

Federal Funds and Grants

$99,898,801

THURSDAY, MARCH 19, 2009

3169

Federal Funds Not Specifically Identified

$2,664,127

Other Funds

$11,389,603

Other Funds - Not Specifically Identified

$11,389,603

State Funds

$396,359,533

State General Funds

$396,359,533

Intra-State Government Transfers

$10,308,207

Other Intra-State Government Payments

$10,308,207

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$553,749,700 $578,111,637

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$3,007,652

$3,007,652

Defer state employees' salary increases.

($11,933,141) ($11,933,141)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($13,036,415) ($13,036,415)

Provide start-up funds for a 256 bed fast track unit at Telfair State Prison.

$812,970

$812,970

Realize efficiencies in staffing patterns for counselors, secretaries, clerks, and chaplains.

($593,283)

($593,283)

Reduce cost of operations agency-wide.

($15,623,852) ($15,623,852)

Reduce the number of canine teams in the state from 31 to 17.

($450,984)

($450,984)

Annualize operations for fast track units at Smith (2 months), and Valdosta (6 months) State Prisons.

$1,534,831

$1,534,831

3170

JOURNAL OF THE HOUSE

Close 4 State Prison (SP) facilities identified as "non-enduring" in the 2007 facility master plan: Rivers SP, Wayne SP, Homerville SP, and Milan SP; and, in addition, West Georgia Boot Camp, and Pelham Pre-Release Center.
Provide 12 months of operating funds for 3 fast track units at Hays, Coastal, and Ware State Prisons with adjustments to funding and elimination of 16 positions at each facility based on a more streamlined funding model.
Redistribute funding and 49 positions from the Probation Detention Center (PDC) to reflect the remissioning of West Central PDC as a Pre-Release Center.
Reduce academic ($331,320) and vocational ($116,751) educational programs.
Eliminate 7 central office positions and reduce the central operating budget for statewide fire services.
Reduce security overtime in the State Prison program through staff realignment from facility closures.
Provide funds for training correctional officers and consolidation of regional training at the new Tift College campus.
Replace state funds with fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009.
Amount appropriated in this Act

($24,555,581) ($24,555,581)

$2,137,402

$2,137,402

$2,613,787

$2,613,787

($448,071) ($615,438)

($448,071) ($615,438)

($4,342,733)

($4,342,733)

$1,337,363

$1,337,363

($97,234,674)

$0

$396,359,533 $517,956,144

17.13. Transition Centers

Purpose: Provide "work release" opportunities for inmates nearing the end of their prison term, allowing them 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

$27,521,675

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$27,290,547

State General Funds

$27,290,547

THURSDAY, MARCH 19, 2009

3171

Intra-State Government Transfers

$231,128

Other Intra-State Government Payments

$231,128

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$28,430,020

$28,661,148

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$200,214

$200,214

Defer state employees' salary increases.

($526,551)

($526,551)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($715,016)

($715,016)

Reduce cost of operations agency-wide.

($847,203)

($847,203)

Eliminate 12 months of operating funds for the 150-bed Dublin Transition Center.

($1,644,473)

($1,644,473)

Redistribute funding and 31 positions from the Probation Diversion Center (DC) Program to reflect the remissioning of Clayton DC as a Transition Center.

$78,764

$78,764

Redistribute funding and 47 positions from the Probation Detention Center (PDC) program to reflect the remissioning of one unit of the Emanuel PDC as a Transition Center.

$2,314,792

$2,314,792

Amount appropriated in this Act

$27,290,547

$27,521,675

Section 18: Defense, Department of Total Funds

$38,254,979

3172

JOURNAL OF THE HOUSE

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

$27,693,338 $27,693,338
$816,341 $813,441
$2,900 $9,745,300 $9,745,300
$0

18.1. Administration

Purpose: Provide administration to the organized militia in the State of Georgia.

Total Funds

$1,509,214

Federal Funds and Grants

$409,445

Federal Funds Not Specifically Identified

$409,445

Other Funds

$0

State Funds

$1,099,769

State General Funds

$1,099,769

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 (HB990)

$1,326,490

$1,735,935

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$299

$299

Defer state employees' salary increases.

($13,930)

($13,930)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to

($29,790)

($29,790)

THURSDAY, MARCH 19, 2009

3173

30% of the cost of the plan.
Reduce travel to out-of-state conferences and meetings.
Transfer funds to the Military Readiness program to lease a facility for the new 348th Brigade Support Battalion.
Discontinue the Recruiting Incentive Bonus program.
Defer filling vacancies agency-wide.
Amount appropriated in this Act

($4,000) ($66,000)
($55,000) ($58,300) $1,099,769

($4,000) ($66,000)
($55,000) ($58,300) $1,509,214

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 ensure the safety and well being of all citizens.

Total Funds

$25,498,686

Federal Funds and Grants

$20,100,133

Federal Funds Not Specifically Identified

$20,100,133

Other Funds

$816,341

Agency Funds

$813,441

Other Funds - Not Specifically Identified

$2,900

State Funds

$4,582,212

State General Funds

$4,582,212

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,052,603

$25,969,077

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$683

$683

Defer state employees' salary increases.

($56,012)

($56,012)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

3174

JOURNAL OF THE HOUSE

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Defer filling vacancies agency-wide.
Reduce operating expenses in the Military Readiness program.
Transfer funds from the Administration program to lease a facility for the new 348th Brigade Support Battalion.
Diminish operating costs by utilizing alternative means for the publication of the Georgia Guardsman and Airlift Chronicle.
Amount appropriated in this Act

($91,853)

($91,853)

($98,527) ($1,321)

($98,527) ($1,321)

($252,130) ($11,231)
$66,000

($252,130) ($11,231)
$66,000

($26,000)

($26,000)

$4,582,212

$25,498,686

18.3. Youth Educational Services

Purpose: Provide educational and vocational opportunities to at-risk youth in Georgia.

Total Funds

$11,247,079

Federal Funds and Grants

$7,183,760

Federal Funds Not Specifically Identified

$7,183,760

Other Funds

$0

State Funds

$4,063,319

State General Funds

$4,063,319

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 (HB990)

$5,337,548

$13,140,671

THURSDAY, MARCH 19, 2009

3175

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Remove state funds for new Savannah Starbase program provided in FY 2009.
Reduce personal services and operating expenses by eliminating one platoon (50 students) per class cycle at each Youth Challenge Academy.
Amount appropriated in this Act

$70
($47,502) $0

$70
($47,502) $0

($126,610)

($126,610)

($400,000) ($700,187)

($400,000) ($1,319,550)

$4,063,319

$11,247,079

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

$61,392,578 $0
$2,844,040 $2,844,040 $58,548,538 $58,548,538
$0

19.1. Customer Service Support Purpose: Administer license issuance and regulatory compliance services.
Total Funds Federal Funds and Grants Other Funds

$9,195,065 $0
$500,857

3176

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified

$500,857

State Funds

$8,694,208

State General Funds

$8,694,208

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,397,002

$9,897,859

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$194,045

$194,045

Defer state employees' salary increases.

($64,919)

($64,919)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($179,158)

($179,158)

Reduce funds to reflect the revised revenue estimate.

($88,714)

($88,714)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($12,359)

($12,359)

Defer filling 27 vacant positions for the Secure License initiative funded in FY 2009.

($101,411)

($101,411)

Realize operational efficiencies through modifications to service delivery and operations costs.

($43,362)

($43,362)

Reduce data line charges due to efficiencies realized after driver data cleanup.

($100,000)

($100,000)

Reduce funding for public service announcements, travel, and recruitment.

($191,599)

($191,599)

THURSDAY, MARCH 19, 2009

3177

Reduce postage expenses by using electronic receipt of certified mail.
Reduce regular operating expenses agencywide.
Amount appropriated in this Act

($59,600) ($55,717) $8,694,208

($59,600) ($55,717) $9,195,065

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

$48,656,390

Federal Funds and Grants

$0

Other Funds

$1,827,835

Other Funds - Not Specifically Identified

$1,827,835

State Funds

$46,828,555

State General Funds

$46,828,555

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$48,970,925

$50,798,760

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$921,479

$921,479

Defer state employees' salary increases.

($693,948)

($693,948)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($998,335)

($998,335)

Reduce funds to reflect the revised revenue estimate.

($468,852)

($468,852)

3178

JOURNAL OF THE HOUSE

Defer filling 27 vacant positions for the Secure License initiative funded in FY 2009.
Realize operational efficiencies through modifications to service delivery and operations costs.
Reduce data line charges due to efficiencies realized after driver data cleanup.
Reduce funding for public service announcements, travel, and recruitment.
Reduce postage expenses by using electronic receipt of certified mail.
Reduce operating expenses agency-wide.
Remove one-time funds associated with the reprogramming and updating of the driver license issuance system to accommodate revised business requirements related to the Digitized Licensing System.
Provide funding for increased card costs associated with technology, security, and process improvement solutions offered through the new Digitized Licensing System.
Reduce contractual services by removing the remainder of Electronic Document Imaging System development funding.
Eliminate funding for motor vehicle purchases.
Cease payments to courts for the filing of citation information electronically due to a potential statute change.
Reduce personal services by opening the Walton County customer service center at a 50% staffing level and holding 11 positions vacant.
Realize savings through monitored distribution of driver license manuals and utilization of online versions.
Defer the opening of the Clayton service center, the relocation of the Toccoa customer service center and eliminate 3 positions.

($895,308) ($301,890) ($200,000) ($66,055) ($49,600) ($199,499) ($654,950)
$3,853,249
($968,500) ($130,000) ($359,824) ($394,495)
($300,000) ($135,842)

($895,308) ($301,890) ($200,000) ($66,055) ($49,600) ($199,499) ($654,950)
$3,853,249
($968,500) ($130,000) ($359,824) ($394,495)
($300,000) ($135,842)

THURSDAY, MARCH 19, 2009

3179

Reduce funds for the printing of Voter ID cards.
Amount appropriated in this Act

($100,000) $46,828,555

($100,000) $48,656,390

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

$3,541,123

Federal Funds and Grants

$0

Other Funds

$515,348

Other Funds - Not Specifically Identified

$515,348

State Funds

$3,025,775

State General Funds

$3,025,775

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 (HB990)

$4,423,584

$4,938,932

Defer state employees' salary increases.

($20,195)

($20,195)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($55,730)

($55,730)

Reduce funds to reflect the revised revenue estimate.

($14,583)

($14,583)

Realize operational efficiencies through modifications to service delivery and operations costs.

($357,314)

($357,314)

Reduce funding for public service announcements, travel, and recruitment.

($8,500)

($8,500)

3180

JOURNAL OF THE HOUSE

Reduce operating expenses agency-wide.
Reduce funding by only offering Alcohol and Drug Awareness Program makeup courses online.
Institute risk-based auditing for drivers' education and commercial driver licenses third-party testing programs, and eliminate 2 positions.
Defer funding for the Georgia Driver's Education Commission.
Amount appropriated in this Act

($15,269) $0
($80,000)

($15,269) $0
($80,000)

($846,218) $3,025,775

($846,218) $3,541,123

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

$478,209,001 $124,640,740
$310,000 $124,330,740
$55,000 $55,000 $353,513,261 $349,702,546 $3,810,715
$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

$7,888,632

Federal Funds and Grants

$4,022,917

Child Care & Development Block Grant

$310,000

Federal Funds Not Specifically Identified

$3,712,917

Other Funds

$55,000

Other Funds - Not Specifically Identified

$55,000

State Funds

$3,810,715

State General Funds

$3,810,715

Intra-State Government Transfers

$0

THURSDAY, MARCH 19, 2009

3181

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,574,106

$8,652,023

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($54,629)

($54,629)

Defer state employees' salary increases.

($54,307)

($54,307)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($133,557)

($133,557)

Reduce funds to reflect the revised revenue estimate.

($38,585)

($38,585)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($1,659)

($1,659)

Reduce operating expenses in the Child Care Services program.

($281,869)

($281,869)

Reduce personal services.

($90,047)

($90,047)

Close regional office in Martinez, Georgia and maintain same level of service.

($108,738)

($108,738)

Amount appropriated in this Act

$3,810,715

$7,888,632

20.2. Nutrition

Purpose: To ensure that eligible children and adults receive USDA compliant meals.

Total Funds

$102,000,000

Federal Funds and Grants

$102,000,000

Federal Funds Not Specifically Identified

$102,000,000

3182

JOURNAL OF THE HOUSE

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

$350,320,369

Federal Funds and Grants

$617,823

Federal Funds Not Specifically Identified

$617,823

Other Funds

$0

State Funds

$349,702,546

Lottery Funds

$349,702,546

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 (HB990)

$337,018,148 $337,635,971

Defer state employees' salary increases.

($34,650)

($34,650)

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($452,297)

($452,297)

Provide funds for 3,000 slots, bringing total enrollment to 82,000.

$12,835,888

$12,835,888

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$335,457

$335,457

Amount appropriated in this Act

$349,702,546 $350,320,369

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

$18,000,000

Federal Funds and Grants

$18,000,000

Federal Funds Not Specifically Identified

$18,000,000

THURSDAY, MARCH 19, 2009

3183

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

$31,127,102 $0
$20,244 $20,244 $31,106,858 $31,106,858
$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

$5,028,657

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$5,028,657

State General Funds

$5,028,657

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 (HB990)

$6,232,628

$6,232,628

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$20,633

$20,633

Defer state employees' salary increases.

($44,495)

($44,495)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to

($129,910)

($129,910)

3184

JOURNAL OF THE HOUSE

30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce operating expenses.
Eliminate 5 vacant positions.
Eliminate marketing funds added in FY 2006 for the Georgia Shrimp Association.
Reduce marketing funds added in FY 2006 for the branding campaign.
Amount appropriated in this Act

$0 ($2,199)
($75,000) ($373,000) ($100,000) ($500,000) $5,028,657

$0 ($2,199)
($75,000) ($373,000) ($100,000) ($500,000) $5,028,657

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

$9,325,309

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$9,325,309

State General Funds

$9,325,309

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 (HB990)

$11,256,519

$11,256,519

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$11,964

$11,964

Defer state employees' salary increases.

($75,543)

($75,543)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from

($159,675)

($159,675)

THURSDAY, MARCH 19, 2009

3185

22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce funds for domestic and global marketing.
Eliminate 1 vacant position.
Amount appropriated in this Act

($296,446)
($1,294,456)
($117,054) $9,325,309

($296,446)
($1,294,456)
($117,054) $9,325,309

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

$1,043,092

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,043,092

State General Funds

$1,043,092

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,197,025

$1,197,025

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$359

$359

Defer state employees' salary increases.

($6,345)

($6,345)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to

($17,947)

($17,947)

3186

JOURNAL OF THE HOUSE

reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce funds for marketing.
Amount appropriated in this Act

$0
($130,000) $1,043,092

$0
($130,000) $1,043,092

21.4. Innovation and Technology

Purpose: Provide leadership in the recruitment, growth, and marketing of the bioscience and technology industry in Georgia.

Total Funds

$1,433,076

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,433,076

State General Funds

$1,433,076

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,932,504

$1,932,504

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$932

$932

Defer state employees' salary increases.

($6,191)

($6,191)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($16,952)

($16,952)

THURSDAY, MARCH 19, 2009

3187

Reduce funds to reflect the revised revenue estimate.
Reduce funds for personal services.
Delete one-time funds added in FY 2009 for the Herty Advanced Materials Development Center.
Transfer the Appalachian Community Enterprise contract for micro-enterprise loans to the Department of Community Affairs.
Reduce marketing funds provided to the Georgia Electronic Design Center.
Amount appropriated in this Act

$0 ($52,217) ($200,000)
($75,000)
($150,000) $1,433,076

$0 ($52,217) ($200,000)
($75,000)
($150,000) $1,433,076

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

$2,149,291

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,149,291

State General Funds

$2,149,291

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,440,966

$2,440,966

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,152

$2,152

Defer state employees' salary increases.

($10,697)

($10,697)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from

($29,280)

($29,280)

3188

JOURNAL OF THE HOUSE

22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate 1 position.
Reduce funds for marketing.
Amount appropriated in this Act

$0
($55,420) ($198,430) $2,149,291

$0
($55,420) ($198,430) $2,149,291

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

$873,837

Federal Funds and Grants

$0

Other Funds

$20,244

Other Funds - Not Specifically Identified

$20,244

State Funds

$853,593

State General Funds

$853,593

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 (HB990)

$958,904

$979,148

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,291

$1,291

Defer state employees' salary increases.

($8,376)

($8,376)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and

($22,917)

($22,917)

THURSDAY, MARCH 19, 2009

3189

from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate 1 vacant position.
Amount appropriated in this Act

$0
($75,309) $853,593

$0
($75,309) $873,837

21.7. Tourism

Purpose: Provide information to visitors about tourism opportunities throughout the state and encourage tourism expenditures.

Total Funds

$9,827,397

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$9,827,397

State General Funds

$9,827,397

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 (HB990)

$13,460,178

$13,460,178

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$14,219

$14,219

Defer state employees' salary increases.

($46,586)

($46,586)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to

($129,747)

($129,747)

3190

JOURNAL OF THE HOUSE

30% of the cost of the plan.
Remove funding for Bainbridge welcome center ($98,325), Washington-Wilkes welcome center ($2,500), Statesboro and Woodstock convention and visitors bureaus ($4,000), and reduce funds for local welcome center contracts ($21,426).
Reduce funds provided in FY 2009 for Historic Chattahoochee ($2,500) and remove one-time funds provided for the Veteran's Wall of Honor ($150,000).
Remove contract funds for Warner Robins Air Force Base Museum's education programs ($25,000) and Georgia Historical Society's Civil War Marker restoration project ($60,000).
Reduce funds for general tourism marketing ($1,711,120) and remove grant funds provided to the Tourism Foundation ($1,000,000).
Remove funds provided in FY 2008 for the Civil War Trails.
Reduce personal services to reflect projected expenditures.
Eliminate funds and 2 positions for the Sylvania ($139,389) and Plains ($186,407) state visitor information centers.
Amount appropriated in this Act

($126,251)

($126,251)

($102,500)

($102,500)

($55,000)

($55,000)

($2,611,120)

($2,611,120)

($150,000) ($100,000) ($325,796)
$9,827,397

($150,000) ($100,000) ($325,796)
$9,827,397

The following appropriations are for agencies attached for administrative purposes.

21.8. Payments to Aviation Hall of Fame Purpose: Provide operating funds for the Aviation Hall of Fame.
Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds

$44,550 $0 $0
$44,550 $44,550

THURSDAY, MARCH 19, 2009

3191

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$50,000

$50,000

Reduce funds to reflect the revised revenue estimate.

($450)

($450)

Reduce operating expenses.

($5,000)

($5,000)

Amount appropriated in this Act

$44,550

$44,550

21.9. Payments to Golf Hall of Fame

Purpose: Provide operating funds for the Golf Hall of Fame.

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 (HB990)

$110,000

$110,000

Reduce funds to reflect the revised revenue estimate.

($990)

($990)

Remove remaining funds for the Golf Hall of Fame Authority.

($98,010)

($98,010)

Reduce personal services ($4,400) and operating expenses ($6,600).

($11,000)

($11,000)

Amount appropriated in this Act

$0

$0

21.10. Payments to Georgia Medical Center Authority Purpose: Provide funds for the Georgia Medical Center Authority.
Total Funds Federal Funds and Grants Other Funds State Funds

$300,000 $0 $0
$300,000

3192

JOURNAL OF THE HOUSE

State General Funds

$300,000

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 (HB990)

$414,189

$414,189

Defer state employees' salary increases.

($2,901)

($2,901)

Eliminate 3 positions and funds for operations.

($111,288)

($111,288)

Amount appropriated in this Act

$300,000

$300,000

21.11. Payments to Georgia Music Hall of Fame

Purpose: Provide operating funds for the Georgia Music Hall of Fame.

Total Funds

$568,791

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$568,791

State General Funds

$568,791

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 (HB990)

$826,790

$826,790

Defer state employees' salary increases.

($7,071)

($7,071)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($17,417)

($17,417)

THURSDAY, MARCH 19, 2009

3193

Reduce funds to reflect the revised revenue estimate.
Delete one-time funds provided in FY 2009 for the Big House ($50,000) and the Induction Ceremony ($75,000).
Reduce operating expenses.
Amount appropriated in this Act

($6,142) ($125,000)
($102,369) $568,791

($6,142) ($125,000)
($102,369) $568,791

21.12. Payments to Georgia Sports Hall of Fame Authority

Purpose: Provide operating funds to the Georgia Sports Hall of Fame.

Total Funds

$508,102

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$508,102

State General Funds

$508,102

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 (HB990)

$651,969

$651,969

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($2,728)

($2,728)

Defer state employees' salary increases.

($3,960)

($3,960)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($11,043)

($11,043)

Reduce funds to reflect the revised revenue estimate.

($5,463)

($5,463)

3194

JOURNAL OF THE HOUSE

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce operating expenses.
Delete one-time funds provided in FY 2008 for operations.
Amount appropriated in this Act

($120)
($95,553) ($25,000) $508,102

($120)
($95,553) ($25,000) $508,102

21.13. 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 (HB990)

$50,000

$50,000

Reduce contract funds to the Civil War Commission.

($25,000)

($25,000)

Amount appropriated in this Act

$25,000

$25,000

Section 22: Education, Department of Total Funds
American Recovery and Reinvestment Act Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Other Funds - Not Specifically Identified State Funds
State General Funds

$9,632,786,461 $400,000,000
$2,031,199,767 $1,631,199,767
$26,848,083 $26,848,083 $7,574,738,611 $7,574,738,611

THURSDAY, MARCH 19, 2009

3195

Intra-State Government Transfers

$0

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,707.20. 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

$2,621,358

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,621,358

State General Funds

$2,621,358

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 (HB990)

$5,244,353

$5,244,353

Defer state employees' salary increases.

($27,261)

($27,261)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$8,978

$8,978

Transfer the Math and Science Mentor subprogram from Academic Coach to School Improvement.

$0

$0

Transfer the Teacher Success/CLASS Keys subprogram to operate under School Improvement.

($257,500)

($257,500)

Eliminate funding for the Academic Coach program.

($1,366,710)

($1,366,710)

Eliminate 6 science mentor positions and associated operating expenses.

($780,502)

($780,502)

Eliminate funding for the Mentor Teacher program in the Academic Coach program.

($200,000)

($200,000)

Reflect elimination of the Academic Coach

$0

$0

3196

JOURNAL OF THE HOUSE

program and change program name to Math and Science Mentors.
Amount appropriated in this Act

$2,621,358

$2,621,358

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

$12,391,110

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

$8,724,531

State General Funds

$8,724,531

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,985,622

$12,652,201

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$41,071

$41,071

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($32,593)

($32,593)

Reduce funds to reflect the revised revenue estimate.

($169,569)

($169,569)

Transfer funding for teacher salaries from Food Processing Plants to Extended Year/Extended Day ($200,000) and reduce remaining funds ($100,000).

($100,000)

($100,000)

THURSDAY, MARCH 19, 2009

3197

Amount appropriated in this Act

$8,724,531

$12,391,110

22.3. Central Office

Purpose: Act as a service oriented agency supporting local school districts.

Total Funds

$93,049,172

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

$31,520,124

State General Funds

$31,520,124

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 (HB990)

$41,124,236 $102,653,284

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($61,381)

($61,381)

Defer state employees' salary increases.

($435,111)

($435,111)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($1,077,003)

($1,077,003)

Reduce funds to reflect the revised revenue estimate.

($360,117)

($360,117)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($8,530)

($8,530)

3198

JOURNAL OF THE HOUSE

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.
Eliminate teacher liability insurance.
Eliminate 20 vacant positions and realize savings from other vacancies ($1,910,869), reduce contractual services by 10% ($1,534,456), and reduce other operating expenses ($1,623,764).
Amount appropriated in this Act

$141,575
($300,000) ($7,503,545)

$141,575
($300,000) ($7,503,545)

$31,520,124

$93,049,172

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.

Total Funds

$9,935,884

Federal Funds and Grants

$7,365,691

Federal Funds Not Specifically Identified

$7,365,691

Other Funds

$0

State Funds

$2,570,193

State General Funds

$2,570,193

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 (HB990)

$3,480,193

$10,845,884

Reduce funding for planning grants.

($45,000)

($45,000)

Eliminate one-time start-up funds for the Charter School Commission.

($120,000)

($120,000)

Eliminate funding for implementation grants.

($500,000)

($500,000)

Reduce funding for facility grants.

($245,000)

($245,000)

Amount appropriated in this Act

$2,570,193

$9,935,884

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

$1,281,004

THURSDAY, MARCH 19, 2009

3199

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,281,004

State General Funds

$1,281,004

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 (HB990)

$1,320,623

$1,320,623

Reduce funding by 10%.

($39,619)

($39,619)

Amount appropriated in this Act

$1,281,004

$1,281,004

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

$1,000,000

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,000,000

State General Funds

$1,000,000

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 (HB990)

$1,574,833

$1,574,833

Reduce regular operating expenses ($74,833) and contractual services ($121,553) by 10%.

($574,833)

($574,833)

Amount appropriated in this Act

$1,000,000

$1,000,000

22.7. Dropout Prevention Purpose: Reduce dropout rates for Georgia students.
Total Funds Federal Funds and Grants Other Funds State Funds

$49,225,901 $0 $0
$49,225,901

3200

JOURNAL OF THE HOUSE

State General Funds

$49,225,901

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$53,174,636

$53,174,636

Transfer the graduation coach salaries and operating expenses to operate under the QBE program.

$0

$0

Provide funds only for middle school coaches who serve in feeder high schools with graduation rates at or below 85%, and provide funds for a training and experience adjustment in the Dropout Prevention program.

($3,675,735)

($3,675,735)

Reduce funding provided for training graduation coaches.

($33,000)

($33,000)

Eliminate startup funds provided for JROTC programs.

($240,000)

($240,000)

Amount appropriated in this Act

$49,225,901

$49,225,901

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

$436,158,587

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$436,158,587

State General Funds

$436,158,587

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$548,529,543 $548,529,543

Revise the Equalization grant to move from 15 mills to 12 mills.

($112,370,956) ($112,370,956)

THURSDAY, MARCH 19, 2009

3201

Amount appropriated in this Act

$436,158,587 $436,158,587

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

22.10. Foreign Language

Purpose: Provide funds to schools for foreign language instruction.

Total Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$384,375

$384,375

Eliminate funds in the virtual elementary foreign language program.

($384,375)

($384,375)

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

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

$5,982,909

Federal Funds and Grants

$0

Other Funds

$722,213

Other Funds - Not Specifically Identified

$722,213

State Funds

$5,260,696

3202

JOURNAL OF THE HOUSE

State General Funds

$5,260,696

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 (HB990)

$4,123,362

$4,845,575

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$2,094

$2,094

Redirect funds from the Education Technology Training Centers (ETTCs) to the Georgia Virtual School program to provide funding for an additional 1,500 courses.

$0

$0

Redirect funds from contracts for administration ($105,000) and increase state general funds ($1,135,240) to add an additional 2,000 slots for the GA Virtual School.

$1,135,240

$1,135,240

Amount appropriated in this Act

$5,260,696

$5,982,909

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 (HB990)

$250,000

$250,000

Eliminate funding for the Georgia Youth and Science Technology Center (GYSTC).

$0

$0

Amount appropriated in this Act

$250,000

$250,000

THURSDAY, MARCH 19, 2009

3203

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

$1,438,366

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,438,366

State General Funds

$1,438,366

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 (HB990)

$1,443,893

$1,443,893

Defer state employees' salary increases.

($7,483)

($7,483)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$1,956

$1,956

Reduce contractual services funding.

$0

$0

Amount appropriated in this Act

$1,438,366

$1,438,366

22.15. Information Technology Services

Purpose: Collect and report accurate data through the development and maintenance of web-enabled applications.

Total Funds

$7,106,850

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,106,850

State General Funds

$7,106,850

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,217,319

$7,217,319

Redirect funding from ETTCs to QBE ($2,752,130) and to the Georgia Virtual

$0

$0

3204

JOURNAL OF THE HOUSE

School program ($930,180) for 1,500 additional courses. Provide for a 3% reduction to ETTCs. Amount appropriated in this Act

($110,469) $7,106,850

($110,469) $7,106,850

22.16. Local 5 Mill Share-Quality Basic Education

Purpose: Required local effort based on five mills of tax on the equalized adjusted property tax digest.

Total Funds

($1,697,504,730)

State Funds

($1,697,504,730)

State General Funds

($1,697,504,730)

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

($1,690,849,786) ($1,690,849,786)

Increase funds for Local Five Mill Share.

($6,654,944)

($6,654,944)

Amount appropriated in this Act

($1,697,504,730) ($1,697,504,730)

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

$13,744,628

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$13,744,628

State General Funds

$13,744,628

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 (HB990)

$12,294,628

$12,294,628

Eliminate funding for the National Board Certification program.

$1,450,000

$1,450,000

Amount appropriated in this Act

$13,744,628

$13,744,628

THURSDAY, MARCH 19, 2009

3205

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

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 (HB990)

$750,000

$750,000

Eliminate funding for the National Science Center and Foundation.

($250,000)

($250,000)

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

$22,550,474

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$22,550,474

State General Funds

$22,550,474

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$28,625,373

$28,625,373

Transfer the classroom cards program to be operated under the QBE program.

($11,473,726) ($11,473,726)

Reduce funding for Migrant Education.

($10,396)

($10,396)

3206

JOURNAL OF THE HOUSE

Reduce funding for Sparsity Grants.
Reduce funding for Special Education-Low Incidence Grants.
Reduce grant funding for Residential Treatment Centers.
Reduce funding provided for Special Needs Scholarships.
Increase funds for SB10 Special Needs Scholarships.
Amount appropriated in this Act

($254,098) ($24,802) ($120,337) ($169,702) $5,978,162 $22,550,474

($254,098) ($24,802) ($120,337) ($169,702) $5,978,162 $22,550,474

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

$507,518,057

Federal Funds and Grants

$468,889,537

Federal Funds Not Specifically Identified

$468,889,537

Other Funds

$0

State Funds

$38,628,520

State General Funds

$38,628,520

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$39,823,217 $508,712,754

Provide for a 3% reduction to Nutrition.

($1,194,697)

($1,194,697)

Amount appropriated in this Act

$38,628,520 $507,518,057

22.21. Preschool Handicapped

Purpose: Provide early intervention so students with disabilities will enter school with the skills to succeed.

Total Funds

$29,673,292

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$29,673,292

THURSDAY, MARCH 19, 2009

3207

State General Funds

$29,673,292

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$30,358,072

$30,358,072

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$146,093

$146,093

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($101,441)

($101,441)

Reduce the Preschool Handicapped program based on projected need.

($729,432)

($729,432)

Amount appropriated in this Act

$29,673,292

$29,673,292

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

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

$8,408,025,432

3208

JOURNAL OF THE HOUSE

American Recovery and Reinvestment Act $400,000,000

Federal Funds and Grants

$400,000,000

Other Funds

$0

State Funds

$8,008,025,432

State General Funds

$8,008,025,432

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,480,835,299 $8,480,835,299

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$31,882,010

$31,882,010

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($29,707,306) ($29,707,306)

Increase funds for QBE enrollment growth of 0.23% and for training and experience.

$66,459,413

$66,459,413

Redirect funding from the Education Technology Training Centers (ETTCs) ($2,752,130) and Regional Education Service Agencies (RESAs) ($12,467,421) to QBE.

$0

$0

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74% for the QBE program.

$28,239,356

$28,239,356

Provide funds for dual enrollment courses.

$761,613

$761,613

Transfer the graduation coach ($49,225,901) and class card ($11,473,726) subprograms to operate under the QBE program.

$0

$0

Reduce QBE funding.

($147,202,564) ($147,202,564)

Reduce additional QBE enhancements provided in FY 2009.

($50,000,000) ($50,000,000)

THURSDAY, MARCH 19, 2009

3209

Replace state funds with fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009.
Add funds for charter system grants per HB 881.
Utilize American Recovery and Reinvestment Act of 2009 funds to mitigate austerity reductions.
Amount appropriated in this Act

($375,000,000)

$0

$1,757,611 $0

$1,757,611 $25,000,000

$8,008,025,432 $8,408,025,432

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

$12,093,399

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$12,093,399

State General Funds

$12,093,399

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$12,408,840

$12,408,840

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$58,581

$58,581

Redirect funding from RESAs to QBE.

$0

$0

Provide for a 3% reduction to RESAs.

($374,022)

($374,022)

Amount appropriated in this Act

$12,093,399

$12,093,399

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.

3210

JOURNAL OF THE HOUSE

Total Funds

$9,435,054

Federal Funds and Grants

$0

Other Funds

$100,000

Other Funds - Not Specifically Identified

$100,000

State Funds

$9,335,054

State General Funds

$9,335,054

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$10,191,533

$10,291,533

Defer state employees' salary increases.

($140,581)

($140,581)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$26,602

$26,602

Transfer the Math and Science Mentor subprogram ($2,621,358) and the Teacher Success/CLASS Keys subprogram ($257,500) from the Academic Coach program to operate under the School Improvement program.

$257,500

$257,500

Eliminate 5 vacant positions.

($1,000,000)

($1,000,000)

Amount appropriated in this Act

$9,335,054

$9,435,054

22.26. School Nurses

Purpose: Provide appropriate health procedures to allow students to remain in school and increase opportunities for academic success.

Total Funds

$29,100,000

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$29,100,000

State General Funds

$29,100,000

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 (HB990)

$30,000,000

$30,000,000

THURSDAY, MARCH 19, 2009

3211

Eliminate state funding support for school nurses.
Amount appropriated in this Act

($900,000) $29,100,000

($900,000) $29,100,000

22.27. Severely Emotional Disturbed (SED)

Purpose: Provide statewide services to parents and educators of students with disabilities.

Total Funds

$82,229,631

Federal Funds and Grants

$13,359,858

Federal Funds Not Specifically Identified

$13,359,858

Other Funds

$0

State Funds

$68,869,773

State General Funds

$68,869,773

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$70,845,875

$84,205,733

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$232,510

$232,510

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($250,901)

($250,901)

Reduce funding for the Severely Emotionally Disturbed program based on projected need.

($1,957,711)

($1,957,711)

Amount appropriated in this Act

$68,869,773

$82,229,631

22.28. State Interagency Transfers
Purpose: Provide health insurance to retired teachers and non-certified personnel and to pass through funding via a contract.

3212

JOURNAL OF THE HOUSE

Total Funds

$277,357,097

Federal Funds and Grants

$19,445,076

Federal Funds Not Specifically Identified

$19,445,076

Other Funds

$0

State Funds

$257,912,021

State General Funds

$257,912,021

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 (HB990)

$257,462,021 $276,907,097

Provide funds to pay the employer contribution for eligible non-certificated managers who elect to participate in the Teachers' Retirement System.

$450,000

$450,000

Amount appropriated in this Act

$257,912,021 $277,357,097

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

$25,047,842

Federal Funds and Grants

$0

Other Funds

$1,649,199

Other Funds - Not Specifically Identified

$1,649,199

State Funds

$23,398,643

State General Funds

$23,398,643

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 (HB990)

$23,357,809

$25,007,008

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$41,536

$41,536

THURSDAY, MARCH 19, 2009

3213

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.
Amount appropriated in this Act

($72,669)

($72,669)

$71,967 $23,398,643

$71,967 $25,047,842

22.30. Technology/Career Education

Purpose: Equip students with academic, technical and leadership skills.

Total Funds

$51,586,740

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

$16,308,500

State General Funds

$16,308,500

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$16,796,972

$52,075,212

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$41,476

$41,476

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($26,039)

($26,039)

3214

JOURNAL OF THE HOUSE

Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

($503,909) $16,308,500

($503,909) $51,586,740

22.31. Testing

Purpose: Adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program.

Total Funds

$36,008,629

Federal Funds and Grants

$13,664,544

Federal Funds Not Specifically Identified

$13,664,544

Other Funds

$0

State Funds

$22,344,085

State General Funds

$22,344,085

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$23,243,020

$36,907,564

Reduce contractual services for SAT Prep ($100,000) and state-mandated testing ($444,860).

($544,860)

($544,860)

Remove unused Advanced Placement funds for private school students.

($354,075)

($354,075)

Amount appropriated in this Act

$22,344,085

$36,008,629

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

$26,462,703

THURSDAY, MARCH 19, 2009

3215

Federal Funds and Grants Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers
Retirement Payments Other Intra-State Government Payments

$0 $3,246,673 $3,246,673 $7,187,430 $7,187,430 $16,028,600 $16,026,735
$1,865

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 the GSEPS employees, the employer contribution rate shall not exceed 6.54% for the pension portion of the benefit and 3.0% in employer match contributions for the 401(k) portion of the benefit. 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

$15,739,235

Other Funds

$0

Intra-State Government Transfers

$15,739,235

Retirement Payments

$15,739,235

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$17,314,099

Reduce funding due to completion of the disaster recovery project, Georgia State Employees Pension and Savings Plan (GSEPS) implementation and the Group Term Life Insurance (GTLI) project (Other Funds: $1,574,864).

$0

($1,574,864)

Amount appropriated in this Act

$0

$15,739,235

3216

JOURNAL OF THE HOUSE

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

$3,248,538

Other Funds

$3,246,673

Agency Funds

$3,246,673

Intra-State Government Transfers

$1,865

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 (HB990)

$0

$2,929,619

Increase funding in contractual services due to the implementation of the Georgia State Employees Pension and Savings Plan (GSEPS) (Other Funds: $318,285).

$0

$318,285

Adjust funding based on expected expenditures.

$0

$634

Amount appropriated in this Act

$0

$3,248,538

23.3. Georgia Military Pension Fund

Purpose: Provide retirement allowances and other benefits for members of the Georgia National Guard.

Total Funds

$1,358,628

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,358,628

State General Funds

$1,358,628

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 (HB990)

$1,323,024

$1,323,024

Reduce funds to reflect the revised revenue estimate.

($75,000)

($75,000)

THURSDAY, MARCH 19, 2009

3217

Increase funding for the Georgia Military Pension Fund to the level required by the latest actuarial report.
Amount appropriated in this Act

$110,604 $1,358,628

$110,604 $1,358,628

23.4. Public School Employee's 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

State Funds

$5,828,802

State General Funds

$5,828,802

Intra-State Government Transfers

$287,500

Retirement Payments

$287,500

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

$47,678,038 $8,610,055 $8,610,055 $5,626,650 $778,747 $4,847,903
$33,441,333 $33,441,333
$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

$3,658,723

Federal Funds and Grants

$0

Other Funds

$8,872

Agency Funds

$4,000

Other Funds - Not Specifically Identified

$4,872

State Funds

$3,649,851

State General Funds

$3,649,851

3218

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 (HB990)

$4,606,407

$4,615,279

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($174,536)

($174,536)

Defer state employees' salary increases.

($31,966)

($31,966)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($115,068)

($115,068)

Reduce funds to reflect the revised revenue estimate.

($37,050)

($37,050)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($5,507)

($5,507)

Reduce operating expenses.

($48,718)

($48,718)

Eliminate 1 vacant grounds maintenance position.

($40,000)

($40,000)

Replace state general funds with Federal funds for operating expenses.

($218,711)

($218,711)

Reduce contract funds.

($60,000)

($60,000)

Replace state general funds with federal funds for 1 training officer position.

($40,000)

($40,000)

Delete one-time funds provided in FY 2007 to construct a bomb shelter in Cairo.

($60,000)

($60,000)

Delete one-time funds provided in FY 2007 to purchase six fire engines.

($125,000)

($125,000)

THURSDAY, MARCH 19, 2009

3219

Amount appropriated in this Act

$3,649,851

$3,658,723

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

$10,595,223

Federal Funds and Grants

$6,555,882

Federal Funds Not Specifically Identified

$6,555,882

Other Funds

$707,587

Agency Funds

$164,000

Other Funds - Not Specifically Identified

$543,587

State Funds

$3,331,754

State General Funds

$3,331,754

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 (HB990)

$3,863,541

$11,127,010

Defer state employees' salary increases.

($30,391)

($30,391)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($156,324)

($156,324)

Reduce funds to reflect the revised revenue estimate.

($33,874)

($33,874)

Reduce regular operating expenses.

($1,318)

($1,318)

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JOURNAL OF THE HOUSE

Eliminate state funds for 2 vacant forest inventory analysis positions.
Remove state funds for the Brender-Hitichi Demonstration Forest.
Eliminate funds provided in FY 2005 for the Southern Forest World Museum.
Reduce regular operating expenses.
Reduce regular operating expenses.
Reflect state general funds savings in personal services by implementing a 3-month temporary hire period for new foresters.
Eliminate funding for 1 vacant sustainable community urban forester position.
Reduce regular operating expenses.
Reduce regular operating expenses.
Remove one-time funds provided in FY 2009 to purchase a vehicle for a conservation forester position.
Eliminate funds for 1 vacant forester position temporarily suspending the Bartram Educational Forest program.
Eliminate funds for 1 vacant marketing forester position.
Reduce regular operating expenses.
Reduce regular operating expenses.
Amount appropriated in this Act

($26,208)
($20,000)
($20,000)
($17,600) ($4,133) ($4,000)

($26,208)
($20,000)
($20,000)
($17,600) ($4,133) ($4,000)

($77,886)
($3,400) ($296)
($16,000)

($77,886)
($3,400) ($296)
($16,000)

($49,587)

($49,587)

($63,000)
($7,600) ($170)
$3,331,754

($63,000)
($7,600) ($170)
$10,595,223

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

$31,785,378

Federal Funds and Grants

$1,964,173

Federal Funds Not Specifically Identified

$1,964,173

Other Funds

$3,484,111

Agency Funds

$536,167

Other Funds - Not Specifically Identified

$2,947,944

State Funds

$26,337,094

THURSDAY, MARCH 19, 2009

3221

State General Funds

$26,337,094

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$30,850,411

$36,298,695

Defer state employees' salary increases.

($1,231,843)

($1,231,843)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($732,142)

($732,142)

Reduce funds to reflect the revised revenue estimate.

($265,733)

($265,733)

Delete one-time funds provided in FY 2009 to purchase a vehicle for an arson investigator.

($16,000)

($16,000)

Eliminate funds for 1 vacant administrative position ($38,480) and 4 temporary mitigation clerks ($38,801), and remove funds added in FY 2009 for an aviation maintenance position ($81,768).

($159,049)

($159,049)

Reduce regular operating expenses.

($41,728)

($41,728)

Reduce regular operating expenses.

($489,864)

($489,864)

Reflect savings from the consolidation of 4 county units in FY 2009.

($29,600)

($29,600)

Reduce regular operating expenses.

($67,200)

($67,200)

Reduce funds for firefighting equipment.

($500,000)

($500,000)

Reduce funds for vehicle purchases.

($249,413)

($249,413)

Replace state funds with federal funds for 4.5 full-time fire control positions.

($166,209)

($166,209)

3222

JOURNAL OF THE HOUSE

Replace state funds with other funds for operating expenses.
Reflect state general funds savings in personal services by implementing a 3-month temporary hire period for all new fire ranger positions.
Reduce regular operating expenses.
Reduce regular operating expenses.
Reduce contract funds.
Replace state funds with federal funds for 2 filled welder positions.
Reduce regular operating expenses.
Replace state general funds with other funds for operating expenses.
Amount appropriated in this Act

($360,840) ($68,000)

($360,840) ($68,000)

($2,500) ($696)
($25,000) ($42,000)
($5,500) ($60,000)
$26,337,094

($2,500) ($696)
($25,000) ($42,000)
($5,500) ($60,000)
$31,785,378

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

$217,214

Federal Funds and Grants

$20,000

Federal Funds Not Specifically Identified

$20,000

Other Funds

$74,580

Agency Funds

$74,580

State Funds

$122,634

State General Funds

$122,634

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$123,287

$217,867

Defer state employees' salary increases.

($653)

($653)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce state funds and consolidate the Tree

$0

$0

THURSDAY, MARCH 19, 2009

3223

Improvement program within the Tree Seedling Nursery program.
Amount appropriated in this Act

$122,634

$217,214

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

$1,421,500

Federal Funds and Grants

$70,000

Federal Funds Not Specifically Identified

$70,000

Other Funds

$1,351,500

Other Funds - Not Specifically Identified

$1,351,500

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 (HB990)

($178,593)

$1,242,907

Restore state funds to correct the negative balance and support the reforestation of Georgia.

$178,593

$178,593

Amount appropriated in this Act

$0

$1,421,500

Section 25: Governor, Office of the Total Funds Federal Funds and Grants
Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers

$94,947,809 $43,764,158
$250,000 $43,514,158
$2,491,284 $2,491,284 $48,692,367 $48,692,367
$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

3224

JOURNAL OF THE HOUSE

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

$11,739,483

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

$6,442,632

State General Funds

$6,442,632

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,997,298

$13,294,149

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$94,425

$94,425

Defer state employees' salary increases.

($52,950)

($52,950)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($144,559)

($144,559)

THURSDAY, MARCH 19, 2009

3225

Reduce funds to reflect the revised revenue estimate.
Realize efficiencies in the cost of operations.
Reduce funding for the Governor's Litigation Fund.
Amount appropriated in this Act

($66,032)
($735,550) ($650,000)
$6,442,632

($66,032)
($735,550) ($650,000)
$11,739,483

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

State Funds

$3,469,576

State General Funds

$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

$7,958,252

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,958,252

State General Funds

$7,958,252

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,584,234

$9,584,234

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($178,124)

($178,124)

Defer state employees' salary increases.

($81,224)

($81,224)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

3226

JOURNAL OF THE HOUSE

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce operating expenses.
Remove operating cost for the Commission on Hispanic Affairs.
Remove operating cost for the Commission on Asian Affairs.
Reduce the Military Affairs Coordinating Council contract.
Amount appropriated in this Act

($208,079)

($208,079)

($82,683) ($2,243)
($949,629) ($20,000) ($20,000) ($84,000) $7,958,252

($82,683) ($2,243)
($949,629) ($20,000) ($20,000) ($84,000) $7,958,252

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

$4,341,399

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

$3,671,999

State General Funds

$3,671,999

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3227

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce funding for grants and benefits to non-profit arts and cultural organizations to be more in line with FY 2007 funding level.
Reduce funding for personal services ($8,125) and operating expenses ($25,731).
Amount appropriated in this Act

State Funds $4,448,905
($4,286) $0

Total Funds $5,118,305
($4,286) $0

($11,660)

($11,660)

($38,126) ($688,978)
($33,856) $3,671,999

($38,126) ($688,978)
($33,856) $4,341,399

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

$1,140,920

Federal Funds and Grants

$179,558

Federal Funds Not Specifically Identified

$179,558

Other Funds

$25

Other Funds - Not Specifically Identified

$25

State Funds

$961,337

State General Funds

$961,337

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3228

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Remove one-time funding for statewide needs and resource assessment, and Web-based enhancement to FORTIS.
Eliminate vacant Executive Secretary position.
Reduce regular operating expenses.
Reduce contractual services.
Amount appropriated in this Act

State Funds $1,199,011
$3,013

Total Funds $1,378,594
$3,013

($7,959) $0

($7,959) $0

($27,830)

($27,830)

($9,815) ($83,500)
($50,706) ($9,902)
($50,975) $961,337

($9,815) ($83,500)
($50,706) ($9,902)
($50,975) $1,140,920

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

$986,999

Federal Funds and Grants

$407,000

Federal Funds Not Specifically Identified

$407,000

Other Funds

$0

State Funds

$579,999

THURSDAY, MARCH 19, 2009

3229

State General Funds

$579,999

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$712,490

$1,119,490

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$3,639

$3,639

Defer state employees' salary increases.

($6,599)

($6,599)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($18,471)

($18,471)

Reduce funds to reflect the revised revenue estimate.

($5,814)

($5,814)

Reduce funding for operating expenses.

($59,529)

($59,529)

Defer filling 1 intake coordinator position in the Equal Employment Division.

($45,717)

($45,717)

Amount appropriated in this Act

$579,999

$986,999

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

$8,878,707

Federal Funds and Grants

$0

Other Funds

$1,572,903

Other Funds - Not Specifically Identified

$1,572,903

State Funds

$7,305,804

3230

JOURNAL OF THE HOUSE

State General Funds

$7,305,804

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,581,217

$10,154,120

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$98,918

$98,918

Defer state employees' salary increases.

($71,254)

($71,254)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($193,274)

($193,274)

Reduce funds to reflect the revised revenue estimate.

($74,041)

($74,041)

Reduce operating expenses.

($13,667)

($13,667)

Defer filling 7 positions funded in FY 2009 to staff the "1-800-Georgia" call center.

($300,000)

($300,000)

Eliminate 4 positions ($367,956) and operating expenses ($18,797) in the Consumers' Utility Counsel.

($386,753)

($386,753)

Reduce funding for contractual services for customer service and workplace satisfaction surveys.

($335,342)

($335,342)

Amount appropriated in this Act

$7,305,804

$8,878,707

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

THURSDAY, MARCH 19, 2009

3231

property, and reduce the effects of disasters.

Total Funds

$32,820,887

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

$2,309,849

State General Funds

$2,309,849

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 (HB990)

$2,406,048

$32,917,086

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$256,156

$256,156

Defer state employees' salary increases.

($17,803)

($17,803)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($57,129)

($57,129)

Reduce funds to reflect the revised revenue estimate.

($23,648)

($23,648)

Reduce funding for operating expenses.

($32,000)

($32,000)

Reflect a reduction in personal services funding as a result of liabilities being absorbed by the Office of Homeland Security budget.

($173,541)

($173,541)

Eliminate 1 administrative position in the Operations Division.

($48,234)

($48,234)

3232

JOURNAL OF THE HOUSE

Amount appropriated in this Act

$2,309,849

$32,820,887

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

$434,122

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$434,122

State General Funds

$434,122

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$527,932

$527,932

Defer state employees' salary increases.

($6,213)

($6,213)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($12,097)

($12,097)

Reduce funds to reflect the revised revenue estimate.

($4,379)

($4,379)

Defer filling 1 secretary position.

($71,121)

($71,121)

Amount appropriated in this Act

$434,122

$434,122

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.

THURSDAY, MARCH 19, 2009

3233

Total Funds

$699,133

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$699,133

State General Funds

$699,133

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 (HB990)

$829,079

$829,079

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,916

$1,916

Defer state employees' salary increases.

($7,391)

($7,391)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($21,712)

($21,712)

Reduce funds to reflect the revised revenue estimate.

($7,109)

($7,109)

Reduce funding for operating expenses in the Investigations division.

($95,650)

($95,650)

Amount appropriated in this Act

$699,133

$699,133

25.11. Governor's Office for Children and Families

Purpose: Enhance coordination and communication among providers and stakeholders of services to families.

Total Funds

$14,607,662

Federal Funds and Grants

$7,206,237

3234

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Block Grant

$250,000

Federal Funds Not Specifically Identified

$6,956,237

Other Funds

$0

State Funds

$7,401,425

State General Funds

$7,401,425

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 (HB990)

$9,488,781

$16,695,018

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$23,158

$23,158

Defer state employees' salary increases.

($13,114)

($13,114)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($8,003)

($8,003)

Reduce funds to reflect the revised revenue estimate.

($74,641)

($74,641)

Eliminate one-time funding for a system of care pilot program to coordinate delivery of community-based services for children with severe emotional disorders.

($1,000,000)

($1,000,000)

Reduce grant funds based on utilization and grantee non-performance of standards.

($1,014,756)

($1,014,756)

Amount appropriated in this Act

$7,401,425

$14,607,662

THURSDAY, MARCH 19, 2009

3235

25.12. Professional Standards Commission

Purpose: Direct the preparation, certification, professional discipline and recruitment of educators in Georgia.

Total Funds

$6,808,865

Federal Funds and Grants

$411,930

Federal Funds Not Specifically Identified

$411,930

Other Funds

$500

Other Funds - Not Specifically Identified

$500

State Funds

$6,396,435

State General Funds

$6,396,435

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 (HB990)

$7,123,741

$7,536,171

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$37,115

$37,115

Defer state employees' salary increases.

($65,065)

($65,065)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($177,301)

($177,301)

Reduce funds to reflect the revised revenue estimate.

($64,744)

($64,744)

Reduce funding for personal services ($14,571) and computer charges ($6,740).

($21,311)

($21,311)

Eliminate funding for Georgia Teacher Alternative Preparation Program grants.

($400,000)

($400,000)

3236

JOURNAL OF THE HOUSE

Eliminate funding for National Board Certified Teacher reimbursement.
Amount appropriated in this Act

($36,000) $6,396,435

($36,000) $6,808,865

25.13. Student Achievement, Office of

Purpose: Improve student achievement and school completion in Georgia.

Total Funds

$1,061,804

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,061,804

State General Funds

$1,061,804

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,274,456

$1,274,456

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($6,096)

($6,096)

Defer state employees' salary increases.

($11,381)

($11,381)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($33,617)

($33,617)

Reduce personal services ($123,289) and contractual services ($38,269) based on anticipated lapse.

($161,558)

($161,558)

Amount appropriated in this Act

$1,061,804

$1,061,804

THURSDAY, MARCH 19, 2009

3237

Section 26: Human Resources, Department of Total Funds
American Recovery and Reinvestment Act 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 TANF Transfers to Social Services Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds Tobacco Funds Brain & Spinal Injury Trust Fund State General Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies Other Intra-State Government Payments

$3,512,503,428 $45,145,000
$1,813,857,131 $342,224,967 $54,994,483 $66,215,997 $92,186,802 $20,366,584 $91,623,323 $4,404,431 $13,130,623
$59,700,314
$25,897,861 $24,908,644 $37,348,536 $94,361,006 $25,800,000 $815,548,560 $270,015,763 $123,624,591 $144,782,766
$1,608,406 $1,419,665,703
$28,234,553 $2,066,389
$1,389,364,761 $8,964,831 $1,747,448 $7,217,383

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:

3238

JOURNAL OF THE HOUSE

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 Offices.

Total Funds

$170,088,029

Federal Funds and Grants

$78,018,473

Temporary Assistance for Needy Families Block Grant

$14,000,000

Social Services Block Grant

$9,932,798

Child Care & Development Block Grant

$1,596,094

Foster Care Title IV-E

$7,626,873

Medical Assistance Program

$651,698

Preventive Health and Health Services Block Grant

$31,070

THURSDAY, MARCH 19, 2009

3239

Community Service Block Grant

$208,678

Low-Income Home Energy Assistance

$280,907

CCDF Mandatory & Matching Funds

$2,921,700

Federal Funds Not Specifically Identified

$40,768,655

Other Funds

$8,099,727

Agency Funds

$8,099,727

State Funds

$83,969,829

Tobacco Funds

$131,795

State General Funds

$83,838,034

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$94,164,941 $185,313,770

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,337,735

$1,337,735

Defer state employees' salary increases.

($1,280,595)

($1,280,595)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($3,732,585)

($3,732,585)

Reduce funds to reflect the revised revenue estimate.

($862,298)

($862,298)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($107,337)

($107,337)

Reflect loss of unearnable federal funds.

$0

($5,030,629)

Reduce administration by 6%.

($4,850,032)

($4,850,032)

3240

JOURNAL OF THE HOUSE

Reduce funding for the Office of Investigative Services and Inspector General. Reduce funding for DFCS Regional Offices. Amount appropriated in this Act

($200,000)
($500,000) $83,969,829

($200,000)
($500,000) $170,088,029

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

$40,209,806

Federal Funds and Grants

$30,275,744

Temporary Assistance for Needy Families Block Grant

$11,900,468

Maternal and Child Health Services Block Grant

$209,368

Preventive Health and Health Services Block Grant

$41,694

Federal Funds Not Specifically Identified

$18,124,214

Other Funds

$270,000

Agency Funds

$62,217

Other Funds - Not Specifically Identified

$207,783

State Funds

$9,664,062

Tobacco Funds

$5,065,177

State General Funds

$4,598,885

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$20,563,284

$59,361,012

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,844

$1,844

Defer state employees' salary increases.

($155,696)

($155,696)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

THURSDAY, MARCH 19, 2009

3241

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce purchase of supplies and other operating expenses.
Eliminate 7 vacant positions.
Reduce Temporary Assistance for Needy Families (TANF) funds for family planning and youth development programs (Total Funds: $6,499,521).
Transfer funds for general grant-in-aid to the new Public Health Grants to Counties program (Total Funds: $13,814,088).
Discontinue funds for the coordinated school health outreach programs.
Reduce funds for nutrition education.
Reduce funds for prostate cancer education provided by the Regional Cancer Coalitions.
Eliminate 2 filled state office positions and 18 filled district health promotion coordinator positions.
Defer new funds for the Helen Keller National Center provided for in FY 2009.
Reduce funds for the Diabetes Care Coalition provided for in FY 2008.
Transfer 1 state funded position to federal funds.
Amount appropriated in this Act

($437,130)

($437,130)

($50,000)
($776,562) $0

($50,000)
($776,562) ($1,099,521)

($7,683,299) ($13,814,158)

$0
($122,759) ($85,000)
($1,136,228)

($1,021,604)
($122,759) ($85,000)
($1,136,228)

($229,513) ($175,000) ($49,879) $9,664,062

($229,513) ($175,000) ($49,879) $40,209,806

26.3. Adoptions Services

Purpose: Support and facilitate the safe permanent placement of children by prescreening families and providing support and financial services after adoption.

Total Funds

$89,979,772

Federal Funds and Grants

$55,693,378

3242

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Block Grant

$12,000,000

Foster Care Title IV-E

$3,351,509

Federal Funds Not Specifically Identified

$40,341,869

Other Funds

$45,000

Other Funds - Not Specifically Identified

$45,000

State Funds

$34,241,394

State General Funds

$34,241,394

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$35,568,642

$85,825,159

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,126

$2,126

Defer state employees' salary increases.

($23,332)

($23,332)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($75,598)

($75,598)

Recognize funding from the American

($3,140,444)

$0

Recovery and Reinvestment Act (ARRA) of

2009 by increasing federal funds to reflect a

change in the Medicaid federal participation

rate from 65.05% to 74.82% and an increase

in Title IV-E funds.

Transfer state funds to the Adoptions Services program from the Child Welfare Services program to fund projected caseload growth

$1,910,000

$4,251,417

THURSDAY, MARCH 19, 2009

3243

(Total Funds: $4,251,417). Amount appropriated in this Act

$34,241,394

$89,979,772

26.4. Adult Addictive Disease Service

Purpose: To provide services to adults for the safe withdrawal from abused substances and promote a transition to productive living.

Total Funds

$93,036,140

Federal Funds and Grants

$51,197,198

Temporary Assistance for Needy Families Block Grant

$21,208,583

Prevention and Treatment of Substance Abuse Block Grant

$29,988,615

Other Funds

$824,903

Agency Funds

$752,583

Other Funds - Not Specifically Identified

$72,320

State Funds

$41,014,039

State General Funds

$41,014,039

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 (HB990)

$47,941,247 $100,628,448

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,380

$1,380

Defer state employees' salary increases.

($525,607)

($525,607)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to

($1,703,054)

($1,703,054)

3244

JOURNAL OF THE HOUSE

30% of the cost of the plan.
Defer funds for Hope House provided for in FY 2009.
Reduce funding for new provider training and reduce number of quality compliance audits.
Reduce various contracts.
Defer funds for Bridges of Hope provided for in FY 2009.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Reduce funding for the provision of methamphetamine addiction services in northwest Georgia, as treatment can be obtained through other community services.
Reduce funding for addictive disease services provided by the United Way Regional Commission.
Discontinue funding for opioid maintenance therapy.
Reduce funds for non-medically necessary consumer and family assistance community services.
Reduce supported employment funding for mental health and addictive disease consumers.
Reduce funding for core and specialty services.
Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $4,377,600).
Amount appropriated in this Act

($350,000) ($49,000) ($417,000) ($12,000) ($61,117) ($500,000)

($350,000) ($49,000) ($417,000) ($12,000) ($61,117) ($500,000)

($50,000)

($50,000)

($1,568,628) ($119,388)

($1,568,628) ($119,388)

($301,476)

($301,476)

($1,271,318) $0

($1,271,318) ($665,100)

$41,014,039

$93,036,140

26.5. Adult Development Disabilities Services

Purpose: To provide evaluation, residential, support, and education services to promote independence for adults with developmental disabilities.

Total Funds

$314,857,276

Federal Funds and Grants

$73,351,606

Temporary Assistance for Needy Families

$411,234

THURSDAY, MARCH 19, 2009

3245

Block Grant

Social Services Block Grant

$30,636,459

Medical Assistance Program

$33,501,224

Federal Funds Not Specifically Identified

$8,802,689

Other Funds

$79,164,086

Agency Funds

$53,767,742

Other Funds - Not Specifically Identified

$25,396,344

State Funds

$160,907,800

Tobacco Funds

$10,255,138

State General Funds

$150,652,662

Intra-State Government Transfers

$1,433,784

Medicaid Services Payments - Other Agencies

$1,433,784

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$204,977,518 $329,172,829

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$92,502

$92,502

Defer state employees' salary increases.

($1,507,563)

($1,507,563)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($4,884,763)

($4,884,763)

Reduce funds to reflect the revised revenue estimate.

($3,319,620)

($3,319,620)

Recognize funding from the American

($31,622,732)

$0

Recovery and Reinvestment Act (ARRA) of

2009 by increasing federal funds to reflect a

3246

JOURNAL OF THE HOUSE

change in the Medicaid federal participation rate from 65.05% to 74.82% and an increase in Title IV-E funds.
Reduce training for mental illness, developmental disabilities, and addictive diseases.
Provide for savings by reflecting the FY 2010 Federal Medical Assistance Percentage (FMAP).
Reduce various contracts.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Replace state general funds with other funds from new provider fees in the Department of Community Health, and annualize the FY 2009 provider rate increase for waiver services.
Defer funds for Oral Healthcare Resources provided for in FY 2009.
Reduce funds for 135 vacant Mental Retardation Waiver Program slots provided for in FY 2009.
Annualize the cost of 365 waiver slots (Total Funds: $3,023,994).
Reduce motor vehicle purchases.
Provide funds for 150 Mental Retardation Waiver Program slots for the Money Follows the Person program.
Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $411,234).
Amount appropriated in this Act

($401,367)
($1,878,492)
($500,000) ($13,403) ($716,892)

($401,367)
$0
($500,000) ($13,403) $716,892

($50,000) ($2,795,820)

($50,000) ($7,976,663)

$2,509,915
($962,957) $1,981,474

$2,509,915
($962,957) $1,981,474

$0

$0

$160,907,800 $314,857,276

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

$11,212,988

Federal Funds and Grants

$3,452,979

THURSDAY, MARCH 19, 2009

3247

Preventive Health and Health Services Block Grant

$1,210,877

Federal Funds Not Specifically Identified

$2,242,102

Other Funds

$0

State Funds

$7,760,009

Tobacco Funds

$6,475,000

State General Funds

$1,285,009

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 (HB990)

$12,400,624

$15,853,603

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$9,203

$9,203

Defer state employees' salary increases.

($15,390)

($15,390)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($49,865)

($49,865)

Transfer funds for general grant-in-aid to the new Public Health Grants to Counties program.

($3,288,525)

($3,288,525)

Transfer state funded positions to federal funds.

($140,000)

($140,000)

Defer funds for the Georgia Commission to Save the Cure provided for in FY 2009.

($240,000)

($240,000)

Recognize administrative efficiencies in the Stroke and Heart Attack Prevention Program.

($916,038)

($916,038)

Amount appropriated in this Act

$7,760,009

$11,212,988

3248

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

$44,306,263

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

$42,915,770

State General Funds

$42,915,770

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 (HB990)

$46,249,924

$47,640,417

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,674

$2,674

Defer state employees' salary increases.

($652,518)

($652,518)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($2,114,270)

($2,114,270)

Defer expansion of the forensic telemedicine pilot project.

($95,040)

($95,040)

Eliminate 2 vacant forensic diversion coordinators.

($225,000)

($225,000)

Eliminate 2 vacant forensic evaluator ($200,000) positions, and associated travel ($50,000).

($250,000)

($250,000)

THURSDAY, MARCH 19, 2009

3249

Amount appropriated in this Act

$42,915,770

$44,306,263

26.8. Adult Mental Health Services

Purpose: To provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

Total Funds

$245,467,116

Federal Funds and Grants

$33,267,205

Temporary Assistance for Needy Families Block Grant

$1,012,500

Medical Assistance Program

$14,049,414

Community Mental Health Services Block Grant

$6,620,728

Federal Funds Not Specifically Identified

$11,584,563

Other Funds

$5,909,257

Agency Funds

$5,099,844

Other Funds - Not Specifically Identified

$809,413

State Funds

$206,290,654

State General Funds

$206,290,654

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 (HB990)

$237,141,537 $262,475,550

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$20,845

$20,845

Defer state employees' salary increases.

($2,089,913)

($2,089,913)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the

($6,424,224)

($6,424,224)

3250

JOURNAL OF THE HOUSE

expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Recognize funding from the American Recovery and Reinvestment Act (ARRA) of 2009 by increasing federal funds to reflect a change in the Medicaid federal participation rate from 65.05% to 74.82% and an increase in Title IV-E funds.
Reduce funding for new provider training and quality compliance audits of MHDDAD providers.
Reduce funding for new provider training and reduce number of quality compliance audits.
Reduce funds for non-medically necessary consumer and family assistance community services.
Reduce training for mental illness, developmental disabilities, and addictive diseases.
Provide for savings by reflecting the FY 2010 Federal Medical Assistance Percentage (FMAP).
Reduce various contracts.
Discontinue internship program for mental health consumers.
Reduce funding for Centralized Navigation Website.
Discontinue funding for the Family to Family program.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Reduce funding for mental health services provided by the United Way Regional Commission.
Reduce supported employment funding for mental health consumers.
Reduce motor vehicle purchases.

($1,714,121) ($13,539,260)
($201,000) ($107,500) ($762,624) ($174,030) ($510,154) ($1,673,065) ($130,000) ($240,000) ($100,000)
$0 ($75,000) ($2,973,337) ($157,500)

($1,714,121) $0
($201,000) ($107,500) ($762,624) ($174,030)
$0 ($1,673,065)
($130,000) ($240,000) ($100,000)
$0 ($75,000) ($2,973,337) ($157,500)

THURSDAY, MARCH 19, 2009

3251

Reduce TANF funds for Substance Abuse Treatment, Mental Health and the Developmentally Disabled (Total Funds: $1,219,465).
Amount appropriated in this Act

$0

($206,965)

$206,290,654 $245,467,116

26.9. Adult Nursing Home Services

Purpose: To provide skilled nursing home services to Georgian's with mental retardation or developmental disabilities.

Total Funds

$11,396,635

Other Funds

$9,012,772

Agency Funds

$9,012,772

State Funds

$2,383,863

State General Funds

$2,383,863

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,383,183

$11,395,955

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$680

$680

Amount appropriated in this Act

$2,383,863

$11,396,635

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 Block Grant

$14,000,000

Other Funds

$28,000,000

Other Funds - Not Specifically Identified

$28,000,000

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.

3252

JOURNAL OF THE HOUSE

Total Funds

$12,301,923

Federal Funds and Grants

$9,734,175

Medical Assistance Program

$921

Prevention and Treatment of Substance Abuse Block Grant

$9,733,254

Other Funds

$0

State Funds

$2,567,748

State General Funds

$2,567,748

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,420,763

$19,154,017

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,078

$1,078

Defer state employees' salary increases.

($161,308)

($161,308)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($522,666)

($522,666)

Reduce funding for new provider training and quality compliance audits.

($22,500)

($22,500)

Provide for savings by reflecting the FY 2010

($921)

$0

Federal Medical Assistance Percentage

(FMAP).

Reduce various contracts.

($100,000)

($100,000)

Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.

($40,745)

($40,745)

THURSDAY, MARCH 19, 2009

3253

Reduce funds for non-medically necessary community support services.
Discontinue funding for the pardons and parole outpatient substance abuse service program.
Defer expansion of a pilot substance abuse treatment program for families and children.
Reduce funding for child and adolescent substance abuse core services.
Amount appropriated in this Act

($1,000,000) ($1,180,145)

($1,000,000) ($1,180,145)

($3,273,822) ($551,986) $2,567,748

($3,273,822) ($551,986)
$12,301,923

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

$27,210,383

Federal Funds and Grants

$16,192,727

Medical Assistance Program

$11,253,268

Federal Funds Not Specifically Identified

$4,939,459

Other Funds

$3,722,681

Other Funds - Not Specifically Identified

$3,722,681

State Funds

$7,001,311

State General Funds

$7,001,311

Intra-State Government Transfers

$293,664

Medicaid Services Payments - Other Agencies

$293,664

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$20,819,083

$30,542,359

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$7,023

$7,023

Defer state employees' salary increases.

($139,370)

($139,370)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

3254

JOURNAL OF THE HOUSE

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Recognize funding from the American Recovery and Reinvestment Act (ARRA) of 2009 by increasing federal funds to reflect a change in the Medicaid federal participation rate from 65.05% to 74.82% and an increase in Title IV-E funds.
Reduce training for mental illness, developmental disabilities, and addictive diseases.
Provide for savings by reflecting the FY 2010 Federal Medical Assistance Percentage (FMAP).
Replace state general funds with other funds from new provider fees in the Department of Community Health, and annualize the FY 2009 provider rate increase for waiver services.
Eliminate new funding provided for in the FY 2009 for Matthew Reardon Center.
Eliminate new funding provided for in FY 2009 for Marcus Institute.
Reduce funds for 135 vacant Mental Retardation Waiver Program slots provided for in FY 2009.
Annualize the cost of 365 Mental Retardation Waiver Program slots.
Provide funds for 150 Mental Retardation Waiver Program slots for the Money Follows the Person program.
Amount appropriated in this Act

($451,583)
($2,071,860) ($11,120,791)
($109,167) ($132,477) ($146,832)
$0 $0 ($572,638) $514,079 $405,844 $7,001,311

($451,583)
($2,071,860) $0
($109,167) $0
$146,832
$0 $0 ($1,633,774) $514,079 $405,844 $27,210,383

THURSDAY, MARCH 19, 2009

3255

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

$3,008,823

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,008,823

State General Funds

$3,008,823

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,103,859

$3,103,859

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,158

$1,158

Defer state employees' salary increases.

($22,687)

($22,687)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($73,507)

($73,507)

Amount appropriated in this Act

$3,008,823

$3,008,823

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

$131,176,431

Federal Funds and Grants

$17,491,153

Medical Assistance Program

$8,944,738

3256

JOURNAL OF THE HOUSE

Community Mental Health Services Block Grant

$6,509,895

Federal Funds Not Specifically Identified

$2,036,520

Other Funds

$51,196,318

Agency Funds

$11

Other Funds - Not Specifically Identified

$51,196,307

State Funds

$62,296,606

State General Funds

$62,296,606

Intra-State Government Transfers

$192,354

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 (HB990)

$90,721,809 $150,787,896

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$8,498

$8,498

Defer state employees' salary increases.

($453,614)

($453,614)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($1,469,786)

($1,469,786)

Reduce funds to reflect the revised revenue estimate.

($751,317)

($751,317)

Recognize funding from the American

($8,776,359)

$0

Recovery and Reinvestment Act (ARRA) of

2009 by increasing federal funds to reflect a

change in the Medicaid federal participation

rate from 65.05% to 74.82% and an increase

in Title IV-E funds.

THURSDAY, MARCH 19, 2009

3257

Reduce funding for new provider training and quality compliance audits of MHDDAD providers.
Reduce training for mental illness, developmental disabilities, and addictive diseases.
Reduce funding for new provider training and reduce number of quality compliance audits.
Reduce funds for non-medically necessary community support services.
Provide for savings by reflecting the FY 2010 Federal Medical Assistance Percentage (FMAP).
Reduce various contracts.
Replace state general funds with other funds for the transition of consumers from 4 stateoperated community homes to the community.
Reduce Behavioral Health Link contract for the Georgia Crisis and Access Line.
Defer planned expansion of summer activities for youth with serious emotional disturbances.
Reduce funding for mental health services provided by the United Way Regional Commission.
Provide for a savings in the child and adolescent crisis stabilization program.
Defer proposed Medicaid rate increase for child and adolescent mental health.
Replace state general funds with other funds for the transition of child and adolescent residential services.
Reduce motor vehicle purchases.
Replace state general funds with other funds for the transition of child and adolescent services in the Outdoor Therapeutic program.
Amount appropriated in this Act

($84,000)

($168,000)

($44,315)

($44,315)

($597,000) ($3,000,000)
($168,379)

($644,000) ($3,000,000)
$0

($100,000) ($1,734,000)

($100,000) ($1,734,000)

($61,117) ($1,000,000)
($25,000)

($61,117) ($1,000,000)
($25,000)

($723,873) ($3,000,000) ($2,411,355)

($723,873) ($3,000,000) ($2,411,355)

($29,250) ($4,004,336)

($29,250) ($4,004,336)

$62,296,606 $131,176,431

3258

JOURNAL OF THE HOUSE

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

$249,857,624

American Recovery and Reinvestment Act

$27,000,000

Federal Funds and Grants

$193,339,659

Temporary Assistance for Needy Families Block Grant

$8,615,439

Social Services Block Grant

$90

Child Care & Development Block Grant

$64,619,903

CCDF Mandatory & Matching Funds

$90,698,416

Federal Funds Not Specifically Identified

$2,405,811

Other Funds

$2,500,000

Agency Funds

$2,500,000

State Funds

$54,017,965

State General Funds

$54,017,965

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$58,577,959 $226,676,511

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$504

$504

Defer state employees' salary increases.

($75,325)

($75,325)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($244,066)

($244,066)

THURSDAY, MARCH 19, 2009

3259

Reduce state funds for the Child Care Services program and replace with TANF funds ($1,835,296) and unobligated Child Care Development Funds (CCDF) ($2,405,811).
Recognize increased federal funds from the American Recovery and Reinvestment Act for time limited child care.
Reduce TANF funds for Family and Children's Services programs and restore to MHDD&AD and Public Health programs.
Amount appropriated in this Act

($4,241,107)

$0

$0

$27,000,000

$0

($3,500,000)

$54,017,965 $249,857,624

26.16. Child Support Services

Purpose: Encourage and enforce the parental responsibility of paying financial support.

Total Funds

$104,883,433

American Recovery and Reinvestment Act

$14,000,000

Federal Funds and Grants

$78,113,611

Social Services Block Grant

$120,000

Federal Funds Not Specifically Identified

$63,993,611

Other Funds

$2,841,500

Agency Funds

$2,541,500

Other Funds - Not Specifically Identified

$300,000

State Funds

$23,532,562

State General Funds

$23,532,562

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 (HB990)

$24,963,922

$94,205,955

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,359,214

$1,359,214

Defer state employees' salary increases.

($228,796)

($228,796)

3260

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate 34 vacant positions.
Reflect savings from discontinuing the call center contract with United Way and providing service with internal staff through a virtual call center.
Reduce district attorney contracts and eliminate 1 district attorney legal service contract.
Reduce state funds for Child Support Services in expectation of increased federal funds through the American Recovery and Reinvestment Act.
Recognize American Recovery and Reinvestment Act funds for increasing current support paid to families.
Amount appropriated in this Act

$0

$0

($741,341)

($741,341)

($244,202)
($504,235) ($300,000)

($244,202)
($1,483,044) ($882,353)

($272,000) ($500,000)

($602,000) ($500,000)

$0

$14,000,000

$23,532,562 $104,883,433

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

$294,934,511

Federal Funds and Grants

$171,893,597

Temporary Assistance for Needy Families Block Grant

$62,995,915

Social Services Block Grant

$8,264,167

THURSDAY, MARCH 19, 2009

3261

Foster Care Title IV-E

$33,902,951

Medical Assistance Program

$10,725,764

Community Service Block Grant

$8,504,000

CCDF Mandatory & Matching Funds

$734,390

TANF Transfers to Social Services Block Grant

$25,800,000

Federal Funds Not Specifically Identified

$20,966,410

Other Funds

$26,438,482

Other Funds - Not Specifically Identified

$24,830,076

Prior Year Funds - Other

$1,608,406

State Funds

$96,602,432

State General Funds

$96,602,432

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$117,613,541 $323,659,907

Defer state employees' salary increases.

($2,807,408)

($2,807,408)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($1,927,618)

($1,927,618)

Reduce child protective services caseworkers through attrition and maintain a 15:1 caseload ratio (Total Funds: $23,614,747).

($12,759,000) ($26,879,227)

Defer Regional Assessment Center funding provided in FY 2009 (Total Funds: $1,194,101).

($560,000)

($1,194,101)

3262

JOURNAL OF THE HOUSE

Reduce state funded contracts through lower utilization and administrative efficiencies (Total Funds: $426,466).
Transfer state funds from Child Welfare Services to Adoption Services to fund projected caseload growth.
Transfer federal funds ($2,341,417) to the Adoption Services program from the Child Welfare Services program to fund projected caseload growth.
Provide for savings by reflecting the FFY10 Federal Medical Assistance Percentage (FMAP).
Reduce TANF funds based on historical expenditures (Total Funds: $4,839,159).
Recognize American Recovery and Reinvestment Act funding for Foster Care and Adoption Assistance.
Amount appropriated in this Act

($200,000)

($426,466)

($1,910,000)

($1,910,000)

$0

($2,341,417)

($847,083)

$0

$0

($4,839,159)

$0

$13,600,000

$96,602,432 $294,934,511

26.18. Direct Care Support Services

Purpose: Provide facility support services and direct patient support therapies.

Total Funds

$166,631,272

Federal Funds and Grants

$3,309,165

Medical Assistance Program

$103,639

Federal Funds Not Specifically Identified

$3,205,526

Other Funds

$41,506,342

Agency Funds

$40,682,332

Other Funds - Not Specifically Identified

$824,010

State Funds

$116,660,231

State General Funds

$116,660,231

Intra-State Government Transfers

$5,155,534

Other Intra-State Government Payments

$5,155,534

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$122,634,924 $172,502,326

THURSDAY, MARCH 19, 2009

3263

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Provide for savings by reflecting the FY 2010 Federal Medical Assistance Percentage (FMAP).
Reduce motor vehicle purchases.
Amount appropriated in this Act

$245,011

$245,011

($2,205,756) $0

($2,205,756) $0

($3,775,145)

($3,775,145)

($103,639)

$0

($135,164) $116,660,231

($135,164) $166,631,272

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

$16,875,976

Federal Funds and Grants

$3,064,496

Social Services Block Grant

$2,279,539

Federal Funds Not Specifically Identified

$784,957

Other Funds

$76,015

Other Funds - Not Specifically Identified

$76,015

State Funds

$13,735,465

State General Funds

$13,735,465

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3264

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Discontinue the Public Guardianship program ($250,000), eliminate 1 vacant state office position ($77,880), and utilize existing Adult Protection Services staff to serve clients.
Reduce Federal funds for Targeted Case Management ($687,000) to conform with expiration of billing dates per the American Recovery and Reinvestment Act.
Amount appropriated in this Act

State Funds $14,577,451
$19,943

Total Funds $18,404,962
$19,943

($91,322) $0

($91,322) $0

($295,898)

($295,898)

($146,829) ($327,880)

($146,829) ($327,880)

$0

($687,000)

$13,735,465

$16,875,976

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

$115,154,699

Federal Funds and Grants

$53,827,981

Social Services Block Grant

$3,761,430

Medical Assistance Program

$12,392,657

Federal Funds Not Specifically Identified

$37,673,894

THURSDAY, MARCH 19, 2009

3265

Other Funds

$121,742

Agency Funds

$121,742

State Funds

$59,854,749

Tobacco Funds

$5,073,877

State General Funds

$54,780,872

Intra-State Government Transfers

$1,350,227

Other Intra-State Government Payments

$1,350,227

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$78,540,174 $120,097,240

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,696

$5,696

Defer state employees' salary increases.

($7,031)

($7,031)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($22,780)

($22,780)

Reduce funds to reflect the revised revenue estimate.

($664,307)

($664,307)

Recognize funding from the American

($11,411,119)

$0

Recovery and Reinvestment Act (ARRA) of

2009 by increasing federal funds to reflect a

change in the Medicaid federal participation

rate from 65.05% to 74.82% and an increase

in Title IV-E funds.

Discontinue funding for Naturally Occurring Retirement Communities (NORCs).

($275,000)

($275,000)

3266

JOURNAL OF THE HOUSE

Transfer state funds from the Elder Community Living Services program to the Elder Support Services program.
Transfer Tobacco Funds from the Elder Support Services program to the Elder Community Living Services program.
Reduce funds to reflect the FY 2010 Federal Medical Assistance Percentage (FMAP) increase.
Replace state general funds with other funds from new provider fees in the Department of Community Health, and implement the rate increase provided for in FY 2009 for Community Care Service Program (CCSP) providers.
Reduce funds for non-Medicaid home and community based respite services through attrition.
Reduce contracts expenditures through reduced utilization and administrative efficiencies.
Reduce funds for Alzheimer's respite services.
Reduce funding for Senior Connections in DeKalb County.
Reduce funding for the Haralson County Senior Center.
Discontinue funding for Alzheimer's Congregational Respite training.
Discontinue Wellness: Take Charge of Your Health program ($336,000) and eliminate 1 vacant state office position ($66,169).
Reduce funding for wellness and nutrition education programs.
Amount appropriated in this Act

($1,409,144)

($1,409,144)

$1,409,144

$1,409,144

($981,538)

$0

($1,350,227)

$0

($2,723,282)

($2,723,282)

($7,057)

($7,057)

($190,281) $0 $0
($96,000) ($402,169)

($190,281) $0 $0
($96,000) ($402,169)

($560,330) $59,854,749

($560,330) $115,154,699

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

$8,807,363

THURSDAY, MARCH 19, 2009

3267

American Recovery and Reinvestment Act

$1,045,000

Federal Funds and Grants

$6,946,407

Federal Funds Not Specifically Identified

$5,901,407

Other Funds

$0

State Funds

$1,860,956

Tobacco Funds

$1,117,929

State General Funds

$743,027

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 (HB990)

$4,586,229

$10,487,636

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,268

$1,268

Defer state employees' salary increases.

($573)

($573)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($1,857)

($1,857)

Discontinue funding for Naturally Occurring Retirement Communities (NORCs).

($280,000)

($280,000)

Transfer state funds from the Elder Community Living Services program to the Elder Support Services program.

$1,409,144

$1,409,144

Transfer Tobacco Funds from the Elder Support Services program to the Elder Community Living Services program.

($1,409,144)

($1,409,144)

Discontinue the Life Long Planning program ($970,071) and eliminate 1 vacant state office

($1,040,891)

($1,040,891)

3268

JOURNAL OF THE HOUSE

position ($70,820).
Discontinue the GeorgiaCares Prescription Assistance program ($300,000) and eliminate 1 vacant state office position ($58,220).
Defer funds for Nutritional Services Incentive Program provided for in FY 2009.
Recognize $1,045,000 from the American Recovery and Reinvestment Act for Nutritional Services Incentive Program in FY10.
Amount appropriated in this Act

($358,220)

($358,220)

($1,045,000) $0

($1,045,000) $1,045,000

$1,860,956

$8,807,363

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

$123,884,546

Federal Funds and Grants

$63,494,912

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

$60,666,325

Other Funds

$4,187,397

Other Funds - Not Specifically Identified

$4,187,397

State Funds

$56,202,237

State General Funds

$56,202,237

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$56,870,673 $125,750,993

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,453,550

$2,453,550

Defer state employees' salary increases.

($127,799)

($127,799)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to

$0

$0

THURSDAY, MARCH 19, 2009

3269

17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce eligibility determination positions through attrition (Total Funds: $3,772,267).
Amount appropriated in this Act

($419,931)

($419,931)

($2,574,256) $56,202,237

($3,772,267) $123,884,546

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

$78,935,254

Federal Funds and Grants

$42,726,666

Maternal and Child Health Services Block Grant

$407,750

Preventive Health and Health Services Block Grant

$1,147,504

Federal Funds Not Specifically Identified

$41,171,412

Other Funds

$0

State Funds

$36,208,588

State General Funds

$36,208,588

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 (HB990)

$6,401,703

$49,128,369

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$16,196

$16,196

Defer state employees' salary increases.

($9,134)

($9,134)

3270

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce contracts expenditures through reduced utilization and administrative efficiencies.
Eliminate 3 vacant positions.
Transfer funds for general grant-in-aid to the new Public Health Grants to Counties program.
Reflect savings related to reduced expense for antiviral storage.
Reduce funds for designated trauma centers.
Provide for the Georgia Trauma Network Commission (GTNC) (Total Funds: $60,000,000): a. state general funds from additional license reinstatement fees from drivers who violate speed limits excessively or repeatedly violate traffic laws ($23,000,000), and b. other funds generated from new provider fees in the Department of Community Health ($37,000,000). (revised: Provide for the GTNC: state general funds from additional license reinstatement fees from drivers who violate speed limits excessively or repeatedly violate traffic laws ($23,000,000).)
Amount appropriated in this Act

$0 ($29,595)
($7,540) ($125,854) ($1,937,188) ($100,000) ($1,000,000) $33,000,000
$36,208,588

$0 ($29,595)
($7,540) ($125,854) ($1,937,188) ($100,000) ($1,000,000) $33,000,000
$78,935,254

THURSDAY, MARCH 19, 2009

3271

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

$10,901,552

Federal Funds and Grants

$6,419,324

Preventive Health and Health Services Block Grant

$196,750

Federal Funds Not Specifically Identified

$6,222,574

Other Funds

$53,000

Other Funds - Not Specifically Identified

$53,000

State Funds

$4,376,408

Tobacco Funds

$115,637

State General Funds

$4,260,771

Intra-State Government Transfers

$52,820

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 (HB990)

$5,996,602

$12,521,746

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,778

$1,778

Defer state employees' salary increases.

($23,079)

($23,079)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

3272

JOURNAL OF THE HOUSE

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce contracts expenditures through reduced utilization and administrative efficiencies.
To redistribute General Grant in Aid funding to the new Public Health Grant In Aid Program.
Eliminate 3 vacant positions.
Amount appropriated in this Act

($74,783)

($74,783)

($1,130)

($1,130)

($1,383,026)

($1,383,026)

($139,954) $4,376,408

($139,954) $10,901,552

26.26. Facility and Provider Regulation

Purpose: Inspect and license foster care residential facilities, child placing agencies, and health care facilities.

Total Funds

$5,483,061

Federal Funds and Grants

$3,594,865

Foster Care Title IV-E

$312,568

Federal Funds Not Specifically Identified

$3,282,297

Other Funds

$70,000

Other Funds - Not Specifically Identified

$70,000

State Funds

$1,818,196

State General Funds

$1,818,196

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 (HB990)

$8,759,268

$16,414,270

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$10,574

$10,574

Defer state employees' salary increases.

($54,807)

($54,807)

THURSDAY, MARCH 19, 2009

3273

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate the following vacant positions: a. 1 Rules Coordinator & 1 Complaint Intake Manager ($148,871) b. 2 Adult Day care positions ($181,841) c. 1 Diagnostic Surveyor ($44,989) d. 1 Personal Care Home surveyor ($77,771).
Transfer funds to the Department of Community Health for Certificate of Need related activities in SB 433.
Reduce State Fire Marshal Office contract.
Provide for additional savings through service efficiencies.
Amount appropriated in this Act

$0

$0

($177,583)

($177,583)

($21,238) ($453,472)

($21,238) ($453,472)

($5,991,346)

($9,981,483)

($3,200) ($250,000)
$1,818,196

($3,200) ($250,000)
$5,483,061

26.27. Family Violence Services

Purpose: To provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state.

Total Funds

$12,850,708

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

3274

JOURNAL OF THE HOUSE

Other Funds

$0

State Funds

$5,001,950

State General Funds

$5,001,950

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 (HB990)

$6,151,950

$14,000,708

Eliminate new funding for family violence shelters provided for in FY 2009.

($615,000)

($615,000)

Eliminate new funding for sexual assault centers provided for in FY 2009.

($535,000)

($535,000)

Amount appropriated in this Act

$5,001,950

$12,850,708

26.28. Federal and Unobligated Balances

Purpose: Reflect balances of federal funds from prior years. No services are provided.

Total Funds

$12,147,452

Federal Funds and Grants

$12,147,452

TANF Block Grant - Unobligated Balance

$12,147,452

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$21,966,009

Reflect TANF Unobligated Balance.

$0

($9,818,557)

Amount appropriated in this Act

$0

$12,147,452

26.29. Food Stamp Eligibility and Benefits

Purpose: To promote the nutritional well being of Georgia's low-income families and children by providing assistance in purchasing groceries.

Total Funds

$91,543,322

American Recovery and Reinvestment Act

$2,000,000

Federal Funds and Grants

$54,999,790

Federal Funds Not Specifically Identified

$52,999,790

Other Funds

$12,409

Other Funds - Not Specifically Identified

$12,409

THURSDAY, MARCH 19, 2009

3275

State Funds

$36,531,123

State General Funds

$36,531,123

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$39,590,489

$93,658,984

Defer state employees' salary increases.

($204,350)

($204,350)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($662,132)

($662,132)

Reduce eligibility determination positions through attrition (Total Funds: $3,249,180).

($2,192,884)

($3,249,180)

Recognize American Recovery and Reinvestment Act funds for Food Stamp caseload growth.

$0

$2,000,000

Amount appropriated in this Act

$36,531,123

$91,543,322

26.30. Immunization

Purpose: Provide immunization, consultation, training, assessment, vaccines, and technical assistance.

Total Funds

$19,382,895

Federal Funds and Grants

$16,290,395

Maternal and Child Health Services Block Grant

$7,164,877

Preventive Health and Health Services Block Grant

$703,712

Federal Funds Not Specifically Identified

$8,421,806

Other Funds

$469,946

3276

JOURNAL OF THE HOUSE

Agency Funds

$469,946

State Funds

$2,622,554

State General Funds

$2,622,554

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 (HB990)

$11,962,587

$28,320,797

Defer state employees' salary increases.

($40,230)

($40,230)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($130,351)

($130,351)

Redistribute funding to new Public Health General Grant In Aid Program.

($8,767,321)

($8,767,321)

Replace state funds with federal funds for the

($402,131)

$0

purchase of Rotavirus vaccines for under-

insured infants.

Amount appropriated in this Act

$2,622,554

$19,382,895

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

$55,202,076

Federal Funds and Grants

$28,334,209

Maternal and Child Health Services Block Grant

$8,086,561

Preventive Health and Health Services Block Grant

$267,356

Federal Funds Not Specifically Identified

$19,980,292

THURSDAY, MARCH 19, 2009

3277

Other Funds

$0

State Funds

$26,867,867

State General Funds

$26,867,867

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$38,933,461

$67,286,978

Defer state employees' salary increases.

($136,563)

($136,563)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($442,484)

($442,484)

Reduce purchase of supplies and other operating expenses.

($264,000)

($264,000)

Eliminate 2 vacant positions.

($92,084)

($92,084)

Reduce contracts expenditures through reduced utilization and administrative efficiencies.

($21,218)

($21,218)

Transfer funds for general grant-in-aid to the new Public Health Grants to Counties program (Total Funds: $8,300,841).

($8,281,533)

($8,300,841)

Reflect savings from the implementation of an integrated and more medically appropriate system for serving children with special needs.

($1,200,000)

($1,200,000)

Transfer 5 state funded positions to federal funds.

($260,349)

($260,349)

Defer planned expansion of the purchase of car beds.

($36,000)

($36,000)

3278

JOURNAL OF THE HOUSE

Defer funds for a second sickle cell bus provided for in FY 2009.
Reduce funds for sickle cell services provided by the Fulton-DeKalb Hospital Authority.
Reduce funds for Hemophilia of Georgia.
Reduce funds for the Infant and Maternal Health Advisory Council.
Reduce funding for Tertiary Care Center administration contracts.
Reduce unobligated funds previously used for tertiary care center contracts management.
Amount appropriated in this Act

($300,000) ($88,796) ($132,000) ($144,430) ($200,000) ($466,137) $26,867,867

($300,000) ($88,796) ($132,000) ($144,430) ($200,000) ($466,137) $55,202,076

26.32. Infant and Child Health Promotion

Purpose: To provide education and services to promote health and nutrition for infants and children.

Total Funds

$279,857,663

Federal Funds and Grants

$269,639,289

Temporary Assistance for Needy Families Block Grant

$991,680

Maternal and Child Health Services Block Grant

$3,813,329

Preventive Health and Health Services Block Grant

$156,221

Federal Funds Not Specifically Identified

$264,678,059

Other Funds

$49,137

Agency Funds

$41,840

Other Funds - Not Specifically Identified

$7,297

State Funds

$10,098,549

State General Funds

$10,098,549

Intra-State Government Transfers

$70,688

Other Intra-State Government Payments

$70,688

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$29,858,162 $305,109,694

THURSDAY, MARCH 19, 2009

3279

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce contracts expenditures through reduced utilization and administrative efficiencies.
Defer funds for YMCA Youth Fit for Life provided for in FY 2008.
Defer funds for Safe House Outreach provided for in FY 2009.
To redistribute General Grant in Aid funding to the new Public Health Grant In Aid Program.
Defer planned expansion of the purchase of car seats.
Reduce funds to recognize administrative efficiencies in the newborn screening followup contract with Emory University.
Reflect savings from the implementation of an integrated and more medically appropriate system for serving children with special needs.
Eliminate 9 vacant positions.
Transfer 6 state funded positions to federal funds.
Reflect savings from discontinuing Saturday lab hours.

$15,850
($575,679) $0

$15,850
($575,679) $0

($1,865,301)

($1,865,301)

($4,760)

($4,760)

($100,000) ($40,000) ($14,643,227)

($100,000) ($40,000) ($17,032,542)

($200,000) ($134,320)

($200,000) ($134,320)

($1,090,137)

($1,090,137)

($380,875) ($405,464)
($335,700)

($380,875) ($405,464)
($335,700)

3280

JOURNAL OF THE HOUSE

Discontinue federal funding for the Integrated Family Support program.
Amount appropriated in this Act

$0 $10,098,549

($3,103,103) $279,857,663

26.33. Infectious Disease Control

Purpose: Ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases.

Total Funds

$89,031,671

Federal Funds and Grants

$59,503,141

Maternal and Child Health Services Block Grant

$484,489

Federal Funds Not Specifically Identified

$59,018,652

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$29,378,530

State General Funds

$29,378,530

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$41,912,787 $101,565,928

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,353

$2,353

Defer state employees' salary increases.

($514,730)

($514,730)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($707,124)

($707,124)

THURSDAY, MARCH 19, 2009

3281

Reduce purchase of supplies and other operating expenses.
Eliminate 8 vacant positions.
Reduce contracts expenditures through reduced utilization and administrative efficiencies.
Transfer funds for general grant-in-aid to the new Public Health Grants to Counties program.
Amount appropriated in this Act

($400,000)
($396,186) ($26,316)

($400,000)
($396,186) ($26,316)

($10,492,254) ($10,492,254)

$29,378,530

$89,031,671

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

$1,755,195

Federal Funds and Grants

$1,459,130

Preventive Health and Health Services Block Grant

$112,005

Federal Funds Not Specifically Identified

$1,347,125

Other Funds

$0

State Funds

$296,065

State General Funds

$296,065

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,257,613

$2,716,743

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$788

$788

Defer state employees' salary increases.

($16,770)

($16,770)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

3282

JOURNAL OF THE HOUSE

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Eliminate 1 vacant position.
To redistribute General Grant in Aid funding to the new Public Health Grant In Aid Program.
Discontinue funding for the suicide prevention planning activities.
Amount appropriated in this Act

($54,339)

($54,339)

($41,227) ($500,000)
($350,000) $296,065

($41,227) ($500,000)
($350,000) $1,755,195

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

$5,629,968

Federal Funds and Grants

$1,308,674

Maternal and Child Health Services Block Grant

$200,210

Preventive Health and Health Services Block Grant

$336,772

Federal Funds Not Specifically Identified

$771,692

Other Funds

$438,262

Other Funds - Not Specifically Identified

$438,262

State Funds

$3,883,032

State General Funds

$3,883,032

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$18,927,060

$20,686,253

THURSDAY, MARCH 19, 2009

3283

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Eliminate 1 vacant position.
To redistribute General Grant in Aid funding to the new Public Health Grant In Aid Program.
Amount appropriated in this Act

$1,389
($21,532) $0

$1,389
($21,532) $0

($69,768)

($69,768)

($73,162) ($14,880,955)

($73,162) ($14,893,212)

$3,883,032

$5,629,968

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

$241,382,985

Federal Funds and Grants

$155,507,963

Temporary Assistance for Needy Families Block Grant

$98,165,092

Foster Care Title IV-E

$45,010,871

Federal Funds Not Specifically Identified

$12,332,000

Other Funds

$0

State Funds

$85,875,022

State General Funds

$85,875,022

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3284

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reduce funds to reflect the revised revenue estimate.
Recognize funding from the American Recovery and Reinvestment Act (ARRA) of 2009 by increasing federal funds to reflect a change in the Medicaid federal participation rate from 65.05% to 74.82% and an increase in Title IV-E funds.
Transfer TANF funds ($2,649,000) from the Out-of-Home Care program to the Support for Needy Families - Basic program to align budget with expenditures.
Reduce Child Placing Agency (CPA) reimbursement rates for the lowest 3 levels of care provided (Total Funds: $2,453,241).
Reduce state funds for the Out-of-Home Care program and replace with TANF funds.
Discontinue funding for foster care assessments at the Westcare-DeKalb Assessment Center.
Reduce funding for Room, Board and Watchful Oversight (RBWO) due to projected lower utilization (Total Funds: $1,426,809).
Reflect Out-of-Home Care program savings due to higher utilization of in-home services (Total Funds: $5,384,099).
Reduce Foster Care Title IV-E funds ($2,805,778) to align budget with expenditures.
Reduce TANF funds for Out-of-Home Care programs and restore to MHDD&AD and Public Health programs.
Amount appropriated in this Act

State Funds $115,871,866
($3,913,551)
($4,037,474)

Total Funds $263,854,696
($3,913,551)
$0

$0

($2,649,000)

$0

$0

($16,000,000) ($125,000)

$0 ($125,000)

($1,210,980)

($1,426,809)

($4,709,839)

($5,551,573)

$0

($2,805,778)

$0

($6,000,000)

$85,875,022 $241,382,985

26.37. Public Health Grants to Counties
Purpose: Provide general grant-in-aid to county boards of health delivering local public health services.

THURSDAY, MARCH 19, 2009

3285

Total Funds

$72,510,769

Federal Funds and Grants

$8,015,026

Temporary Assistance for Needy Families Block Grant

$5,568,515

Federal Funds Not Specifically Identified

$2,446,511

Other Funds

$0

State Funds

$64,495,743

State General Funds

$64,495,743

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 (HB990)

$0

$0

Defer state employees' salary increases.

($2,132,149)

($2,132,149)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($3,658,265)

($3,658,265)

Reduce funds to reflect the revised revenue estimate.

($1,571,171)

($1,571,171)

Transfer state funds for general grant-in-aid from the Adolescent and Adult Health Promotion ($7,683,299), Adult Essential Health Treatment Services ($3,288,525), Emergency Preparedness/Trauma System Improvement ($1,937,188), Epidemiology ($1,383,026), and Immunization ($8,767,321) programs (Total Funds: $29,164,587)

$23,059,359

$29,164,587

Reduce general grant-in-aid funding to county boards of health by 3.5%.

$0

$0

3286

JOURNAL OF THE HOUSE

Transfer state funds for general grant-in-aid from the Infant and Child Essential Health Treatment Services ($8,281,533), Infant and Child Health Promotion ($14,643,227), Infectious Disease Control ($10,492,254), Injury Prevention ($500,000) and Inspections and Environmental Hazard Control ($14,880,955) programs (Total Funds: $51,244,480).
Reduce TANF funds for general grant-in-aid (Total Funds: $3,500,479).
Amount appropriated in this Act

$48,797,969

$51,244,480

$0 $64,495,743

($536,713) $72,510,769

26.38. Refugee Assistance

Purpose: To provide employment, health screening, medical, cash, and social services assistance to refugees.

Total Funds

$4,749,006

Federal Funds and Grants

$4,749,006

Federal Funds Not Specifically Identified

$4,749,006

26.39. Substance Abuse Prevention Services

Purpose: To promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse of alcohol, tobacco and drugs.

Total Funds

$23,208,673

Federal Funds and Grants

$22,893,046

Prevention and Treatment of Substance Abuse Block Grant

$19,978,445

Federal Funds Not Specifically Identified

$2,914,601

Other Funds

$194,000

Agency Funds

$194,000

State Funds

$121,627

State General Funds

$121,627

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,238,772

$24,325,818

THURSDAY, MARCH 19, 2009

3287

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce purchase of supplies and other operating expenses.
Transfer 9 state funded positions to federal funds.
Amount appropriated in this Act

$694
($46,541) $0

$694
($46,541) $0

($233,126) ($838,172)
$121,627

($233,126) ($838,172) $23,208,673

26.40. Support for Needy Families - Basic Assistance

Purpose: To provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$56,749,000

Federal Funds and Grants

$56,649,000

Temporary Assistance for Needy Families Block Grant

$31,447,916

TANF Block Grant - Unobligated Balance

$25,201,084

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 (HB990)

$100,000

$58,100,000

Transfer TANF funds ($2,649,000) to the Support for Needy Families - Basic program from the Out-of-Home Care program to align budget with expenditures.

$0

$2,649,000

Align TANF Block Grant funding with anticipated expenditures.

$0

$0

3288

JOURNAL OF THE HOUSE

Reduce TANF funds for Support for Needy Families and restore to MHDD&AD and Public Health programs.
Amount appropriated in this Act

$0

($4,000,000)

$100,000

$56,749,000

26.41. Support for Needy Families - Family Assistance

Purpose: To administer and aid needy families in the accomplishment of Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$51,568,211

American Recovery and Reinvestment Act

$1,100,000

Federal Funds and Grants

$49,454,536

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

$2,113,675

State General Funds

$2,113,675

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,464,606

$54,819,142

Defer state employees' salary increases.

($2,091,321)

($2,091,321)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($1,651,682)

($1,651,682)

THURSDAY, MARCH 19, 2009

3289

Reduce funding provided for in FY 2009 for rent increases for 4 new county DFCS offices.
Provide on month funding for new county owned DFCS offices in Carroll County ($15,000), Liberty County ($20,000), Walton County (10,000), and Treutlen County ($5,000).
Recognize American Recovery and Reinvestment Act funds to support Georgia's food banks.
Amount appropriated in this Act

($657,928) $50,000

($657,928) $50,000

$0

$1,100,000

$2,113,675

$51,568,211

26.42. Support for Needy Families - Work Assistance

Purpose: To assist needy Georgian families achieve self sufficiency by obtaining and keeping employment as well as complying with Georgia's state plan for the federal Temporary Assistance for Needy Families program.

Total Funds

$33,234,348

Federal Funds and Grants

$25,519,348

Temporary Assistance for Needy Families Block Grant

$23,116,253

CCDF Mandatory & Matching Funds

$6,500

Federal Funds Not Specifically Identified

$2,396,595

State Funds

$7,695,000

State General Funds

$7,695,000

Intra-State Government Transfers

$20,000

Medicaid Services Payments - Other Agencies

$20,000

26.43. Vital Records

Purpose: Register, enter, archive and provide to the public in a timely manner, vital records and associated documents.

Total Funds

$3,938,367

Federal Funds and Grants

$500,680

Federal Funds Not Specifically Identified

$500,680

Other Funds

$0

State Funds

$3,437,687

State General Funds

$3,437,687

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 (HB990)

$3,764,443

$4,265,123

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,169

$4,169

Defer state employees' salary increases.

($78,045)

($78,045)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($252,880)

($252,880)

Amount appropriated in this Act

$3,437,687

$3,938,367

The following appropriations are for agencies attached for administrative purposes.

26.44. Brain & 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

$2,069,639

Federal Funds and Grants

$0

Other Funds

$3,250

Agency Funds

$3,250

State Funds

$2,066,389

Brain & Spinal Injury Trust Fund

$2,066,389

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3291

Amount from prior Appropriation Act (HB990)
Adjust Brain and Spinal Injury Trust Fund appropriation to reflect 2008 collections.
Reduce federal funds ($100,000) to reflect discontinuation of federal grant.
Amount appropriated in this Act

State Funds $1,968,993
$97,396 $0
$2,066,389

Total Funds $2,072,243
$97,396 ($100,000) $2,069,639

26.45. 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

$242,246

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$242,246

State General Funds

$242,246

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 (HB990)

$252,352

$252,352

Defer state employees' salary increases.

($2,185)

($2,185)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($5,974)

($5,974)

Reduce funds to reflect the revised revenue estimate.

($1,947)

($1,947)

3292

JOURNAL OF THE HOUSE

Defer funding provided in FY 2009 for the Georgia for a Lifetime study (Project 2020).
Amount appropriated in this Act

$0 $242,246

$0 $242,246

26.46. Governor's Council on Developmental Disabilities

Purpose: Promote quality services and support for people with developmental disabilities and their families.

Total Funds

$2,250,017

Federal Funds and Grants

$2,195,817

Federal Funds Not Specifically Identified

$2,195,817

Other Funds

$0

State Funds

$54,200

State General Funds

$54,200

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 (HB990)

$70,917

$2,266,734

Defer state employees' salary increases.

($10,655)

($10,655)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($2,031)

($2,031)

Reduce funds to reflect the revised revenue estimate.

($333)

($333)

Reduce operating expenses.

($3,698)

($3,698)

Amount appropriated in this Act

$54,200

$2,250,017

THURSDAY, MARCH 19, 2009

3293

26.47. Family Connection

Purpose: Provide a statewide network of county collaboratives that work to improve conditions for children and families.

Total Funds

$11,036,991

Federal Funds and Grants

$2,039,962

Temporary Assistance for Needy Families Block Grant

$1,200,000

Federal Funds Not Specifically Identified

$839,962

Other Funds

$0

State Funds

$8,997,029

State General Funds

$8,997,029

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,600,837

$12,069,608

Defer state employees' salary increases.

($2,959)

($2,959)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($5,214)

($5,214)

Reduce funds to reflect the revised revenue estimate.

($86,337)

($86,337)

Reduce state funds for technical assistance ($428,809) and county collaborative contracts ($477,000) (Total funds: $1,334,618).

($485,809)

($914,618)

Reduce personal services ($42,989) and regular operating expenses ($10,500).

($23,489)

($23,489)

Amount appropriated in this Act

$8,997,029

$11,036,991

3294

JOURNAL OF THE HOUSE

26.48. Sexual Offender Review Board

Purpose: Protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending.

Total Funds

$895,718

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$895,718

State General Funds

$895,718

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$955,737

$955,737

Defer state employees' salary increases.

($1,538)

($1,538)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($10,390)

($10,390)

Reduce funds to reflect the revised revenue estimate.

($9,111)

($9,111)

Reduce operating expenses.

($38,980)

($38,980)

Amount appropriated in this Act

$895,718

$895,718

Section 27: Insurance, Office of the Commission of Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds

$17,999,637 $954,555 $954,555 $97,232 $81,806

THURSDAY, MARCH 19, 2009

3295

Other Funds - Not Specifically Identified State Funds
State General Funds Intra-State Government Transfers

$15,426 $16,947,850 $16,947,850
$0

27.1. Administration

Purpose: Protecting the rights of Georgia citizens in insurance and industrial loan transactions, and maintain a fire safe environment.

Total Funds

$1,972,443

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,972,443

State General Funds

$1,972,443

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 (HB990)

$2,490,268

$2,490,268

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($6,536)

($6,536)

Defer state employees' salary increases.

($24,846)

($24,846)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($105,762)

($105,762)

Reduce funds to reflect the revised revenue estimate.

($22,897)

($22,897)

Provide for a reduction of $10 per position in

($2,918)

($2,918)

3296

JOURNAL OF THE HOUSE

the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce personal services through a combination of attrition, furloughs, and reductions in force.
Reduce real estate rentals to $743,075 based on current GBA rental billings.
Reduce funding for computer charges.
Amount appropriated in this Act

($278,825)
($1,041) ($75,000) $1,972,443

($278,825)
($1,041) ($75,000) $1,972,443

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

$699,348

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$699,348

State General Funds

$699,348

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$883,508

$883,508

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($1,653)

($1,653)

Defer state employees' salary increases.

($11,526)

($11,526)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the

($49,699)

($49,699)

THURSDAY, MARCH 19, 2009

3297

expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce personal services through a combination of attrition, furloughs, and reductions in force.
Reduce real estate rentals to $743,075 based on current GBA rental billings.
Reduce funding for contractual services.
Amount appropriated in this Act

($8,114) ($99,200)
($3,968) ($10,000) $699,348

($8,114) ($99,200)
($3,968) ($10,000) $699,348

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

$5,935,060

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

$4,883,273

State General Funds

$4,883,273

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,649,189

$6,700,976

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($22,510)

($22,510)

Defer state employees' salary increases.

($74,348)

($74,348)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

3298

JOURNAL OF THE HOUSE

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce personal services through a combination of attrition, furloughs, and reductions in force.
Reduce real estate rentals to $743,075 based on current GBA rental billings.
Reduce equipment ($17,500), computer charges ($45,000), and motor vehicle purchases ($51,373).
Amount appropriated in this Act

($105,762)

($105,762)

($68,661) ($372,801)
($7,961) ($113,873)
$4,883,273

($68,661) ($372,801)
($7,961) ($113,873)
$5,935,060

27.4. Industrial Loan

Purpose: Protect customers by licensing, regulating, and examining finance companies that provide consumer loans of $3,000 or less.

Total Funds

$603,490

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$603,490

State General Funds

$603,490

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 (HB990)

$782,187

$782,187

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($555)

($555)

Defer state employees' salary increases.

($6,759)

($6,759)

THURSDAY, MARCH 19, 2009

3299

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce personal services through a combination of attrition, furloughs, and reductions in force.
Reduce real estate rentals to $743,075 based on current GBA rental billings.
Amount appropriated in this Act

$0

$0

($49,700)

($49,700)

($7,006) ($113,823)
($854) $603,490

($7,006) ($113,823)
($854) $603,490

27.5. Insurance Regulation

Purpose: Ensure that licensed insurance entities maintain solvency, and comply with state law and adopted rules, regulations, and standards.

Total Funds

$5,603,448

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$5,603,448

State General Funds

$5,603,448

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,090,259

$6,090,259

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($20,970)

($20,970)

Defer state employees' salary increases.

($61,193)

($61,193)

3300

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce personal services through a combination of attrition, furloughs, and reductions in force.
Reduce funding for computer charges.
Reduce real estate rentals to $743,075 based on current GBA rental billings.
Amount appropriated in this Act

$0

$0

($105,762)

($105,762)

($64,829) ($184,624)
($30,000) ($19,433) $5,603,448

($64,829) ($184,624)
($30,000) ($19,433) $5,603,448

27.6. Special Fraud

Purpose: Identify and take appropriate action to deter insurance fraud.

Total Funds

$3,185,848

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,185,848

State General Funds

$3,185,848

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the

previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,334,714

$3,334,714

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($7,745)

($7,745)

Defer state employees' salary increases.

($35,359)

($35,359)

THURSDAY, MARCH 19, 2009

3301

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Amount appropriated in this Act

$0

$0

($105,762)

($105,762)

$3,185,848

$3,185,848

Section 28: Investigation, Georgia Bureau of Total Funds
American Recovery and Reinvestment Act 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

$125,974,108 $6,132,772
$46,977,019 $40,844,247 $16,953,830 $16,953,830 $62,043,259 $62,043,259
$0

28.1. Administration

Purpose: 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

$10,907,375

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

$10,805,273

State General Funds

$10,805,273

Intra-State Government Transfers

$0

3302

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 (HB990)

$9,901,853

$10,003,955

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,793,871

$1,793,871

Defer state employees' salary increases.

($50,301)

($50,301)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($114,004)

($114,004)

Reduce funds to reflect the revised revenue estimate.

($54,067)

($54,067)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($6,238)

($6,238)

Realize savings through the restructuring of the headquarters security contract.

($441,615)

($441,615)

Eliminate 3 temporary labor positions.

($80,000)

($80,000)

Eliminate 4 vacant positions.

($144,226)

($144,226)

Amount appropriated in this Act

$10,805,273

$10,907,375

28.2. Centralized Scientific Services

Purpose: Provide analysis of illicit and licit drugs, unknown substances, and fire debris evidence.

Total Funds

$0

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$0

THURSDAY, MARCH 19, 2009

3303

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$14,536,126

$16,551,034

Consolidate the Centralized Scientific Services and Regional Forensic Services programs into one program due to congruent missions and purpose (Total Funds: ($16,551,034)).

($14,536,126) ($16,551,034)

Amount appropriated in this Act

$0

$0

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

$13,900,998

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

$9,895,210

State General Funds

$9,895,210

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 (HB990)

$11,040,504

$15,046,292

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$339,178

$339,178

Defer state employees' salary increases.

($100,256)

($100,256)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from

($245,697)

($245,697)

3304

JOURNAL OF THE HOUSE

22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate 35 temporary labor positions.
Eliminate 12 vacant positions.
Realize efficiencies by transitioning the crime information center away from state protective order registry responsibilities.
Amount appropriated in this Act

($48,829)
($641,288) ($448,402)
$0

($48,829)
($641,288) ($448,402)
$0

$9,895,210

$13,900,998

28.4. Forensic Scientific Services

Purpose: Provide forensic analysis and testimony in the areas of chemistry (drug identification), digital imaging, firearms, forensic biology (serology/DNA), latent prints, pathology, questioned documents, toxicology, and trace evidence in support of the criminal justice system. Analyze and enter samples into national databases such as AFIS, CODIS and NIBIN.

Total Funds

$22,598,445

American Recovery and Reinvestment Act

$3,066,386

Federal Funds and Grants

$4,925,684

Federal Funds Not Specifically Identified

$1,859,298

Other Funds

$157,865

Other Funds - Not Specifically Identified

$157,865

State Funds

$17,514,896

State General Funds

$17,514,896

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$0

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$137,103

$137,103

THURSDAY, MARCH 19, 2009

Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate 6 vacant positions in the Regional Investigative Services program and 2 vacant positions in the Forensic Scientific Services program.
Consolidate the Centralized Scientific Services and Regional Forensic Services programs into one program due to congruent missions and purpose (Total Funds: $25,571,323).
Eliminate 2 hourly staff positions and 3 temporary labor positions.
Realize operational efficiencies by converting to intake only in Moultrie and consolidation of services from Columbus and Summerville laboratories.
Revert to contracted forensic anthropology services when required.
Replace state funds with fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009.
Restore funding for the Western Regional Lab in Columbus in order to prevent its closure.
Restore funding for the Northwestern Regional Lab in Summerville in order to prevent its closure.

($798,730) $0
($552,328)
($104,407) ($70,000) $23,554,160
($85,707) ($1,088,241)
($107,290) ($3,066,386)
($66,525) ($110,891)

3305 ($798,730)
$0
($552,328)
($104,407) ($70,000)
$25,571,323
($85,707) ($1,088,241)
($107,290) $0
($66,525) ($110,891)

3306

JOURNAL OF THE HOUSE

Restore funding for the Southwestern Regional Lab in Moultrie in order to prevent its closure.
Amount appropriated in this Act

($125,862)

($125,862)

$17,514,896

$22,598,445

28.5. 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

$1,232,936

Federal Funds and Grants

$360,025

Federal Funds Not Specifically Identified

$360,025

Other Funds

$479

Other Funds - Not Specifically Identified

$479

State Funds

$872,432

State General Funds

$872,432

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$939,414

$1,299,918

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$13,385

$13,385

Defer state employees' salary increases.

($44,315)

($44,315)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($17,690)

($17,690)

THURSDAY, MARCH 19, 2009

3307

Reduce funds to reflect the revised revenue estimate. Reduce operating expenses. Amount appropriated in this Act

($4,362)
($14,000) $872,432

($4,362)
($14,000) $1,232,936

28.6. Regional Forensic Services

Purpose: Provide pathology services to determine cause and manner of death.

Total Funds

$0

Other Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,018,034

$9,020,289

Consolidate the Centralized Scientific Services and Regional Forensic Services programs into one program due to congruent missions and purpose (Total Funds: ($9,020,289)).

($9,018,034)

($9,020,289)

Amount appropriated in this Act

$0

$0

28.7. Regional Investigative Services

Purpose: Identify, collect, preserve, and process evidence located during crime scene examinations and to render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals.

Total Funds

$28,109,450

American Recovery and Reinvestment Act

$3,066,386

Federal Funds and Grants

$7,525,586

Federal Funds Not Specifically Identified

$4,459,200

Other Funds

$238,961

Other Funds - Not Specifically Identified

$238,961

State Funds

$20,344,903

State General Funds

$20,344,903

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3308

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate 6 vacant positions in the Regional Investigative Services program and 2 vacant positions in the Forensic Scientific Services program.
Consolidate the Macon Regional Drug Enforcement Office and the Milledgeville Regional Investigative Office into one location realizing general operating expense savings.
Reduce funding for one-time purchases for the start-up of the Identity Theft Unit.
Reduce 7 hourly staff positions.
Reassign 3 Secure ID agents to regional investigative positions and eliminate funding for 3 vacant agent positions.
Reduce personal services by reassigning ID Theft staff into regional offices.
Suspend purchase of motor vehicles, and reduce operating costs such as supplies and

State Funds $27,486,004
$246,281 ($1,612,399)
$0
($649,854)
($118,543) ($350,000)
($46,303)
($148,372) ($50,568)
($279,278) ($315,000) ($617,731)

Total Funds $29,160,209
$246,281 ($1,612,399)
$0
($649,854)
($118,543) ($350,000)
($46,303)
($148,372) ($50,568) ($279,278) ($315,000) ($617,731)

THURSDAY, MARCH 19, 2009

3309

materials and repairs and maintenance in the Regional Investigative Services and Georgia Information Sharing and Analysis Center programs.
Reassign 17 State Drug Task Force agents to regional offices as regional investigative agents and eliminate 2 support staff positions.
Consolidate the Special Operations Unit program into a subprogram under the Regional Investigative Services program (Total Funds: $3,946,875).
Replace state funds with fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009.
Amount appropriated in this Act

($1,055,867)

($1,055,867)

$922,919

$3,946,875

($3,066,386)

$0

$20,344,903

$28,109,450

28.8. Special Operations Unit

Purpose: Respond to requests from law enforcement agencies state-wide in order to

render safe explosive devices of all types, and assist in the identification, arrest, and prosecution of individuals.

Total Funds

$0

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$922,919

$3,946,875

Consolidate the Special Operations Unit program into a subprogram under the Regional Investigative Services program (Total Funds: ($3,946,875)).

($922,919)

($3,946,875)

Amount appropriated in this Act

$0

$0

28.9. State Healthcare Fraud Unit

Purpose: Identify, arrest, and prosecute providers of health care services who defraud the Medicaid Program.

Total Funds

$5,548,551

3310

JOURNAL OF THE HOUSE

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

$1,150,190

State General Funds

$1,150,190

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,244,726

$5,643,087

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$32,969

$32,969

Defer state employees' salary increases.

($72,617)

($72,617)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($49,140)

($49,140)

Reduce funds to reflect the revised revenue estimate.

($5,748)

($5,748)

Amount appropriated in this Act

$1,150,190

$5,548,551

28.10. Task Forces

Purpose: Provide GBI supervisory support to 12 federally funded multi-jurisdictional drug task forces.

Total Funds

$1,163,155

Federal Funds and Grants

$0

Other Funds

$376

THURSDAY, MARCH 19, 2009

3311

Other Funds - Not Specifically Identified

$376

State Funds

$1,162,779

State General Funds

$1,162,779

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,301,979

$1,302,355

Defer state employees' salary increases.

($109,798)

($109,798)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($23,588)

($23,588)

Reduce funds to reflect the revised revenue estimate.

($5,814)

($5,814)

Amount appropriated in this Act

$1,162,779

$1,163,155

The following appropriations are for agencies attached for administrative purposes.

28.11. Criminal Justice Coordinating Council

Purpose: Improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants.

Total Funds

$42,513,198

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

$297,576

3312

JOURNAL OF THE HOUSE

State General Funds

$297,576

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 (HB990)

$892,009

$43,107,631

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($77,437)

($77,437)

Defer state employees' salary increases.

($3,784)

($3,784)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

($7,667)

($7,667)

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($2,514)

($2,514)

Reduce funds to reflect the revised revenue estimate.

($3,031)

($3,031)

Defer the Local Law Enforcement and Fire Safety grant program.

($500,000)

($500,000)

Amount appropriated in this Act

$297,576

$42,513,198

Section 29: Juvenile Justice, Department of Total Funds
American Recovery and Reinvestment Act Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds Other Funds - Not Specifically Identified State Funds

$324,764,150 $28,020,203 $29,694,315 $1,674,112 $13,589,161 $25,060 $13,564,101
$281,480,674

THURSDAY, MARCH 19, 2009

3313

State General Funds Intra-State Government Transfers

$281,480,674 $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

$28,856,400

American Recovery and Reinvestment Act

$2,493,798

Federal Funds and Grants

$2,832,858

Federal Funds Not Specifically Identified

$339,060

Other Funds

$245,155

Agency Funds

$25,060

Other Funds - Not Specifically Identified

$220,095

State Funds

$25,778,387

State General Funds

$25,778,387

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$28,459,888

$29,044,103

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,613,399

$1,613,399

Defer state employees' salary increases.

($205,950)

($205,950)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($560,749)

($560,749)

3314

JOURNAL OF THE HOUSE

Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.
Reduce part-time labor positions.
Provide mandatory training only.
Replace state funds with fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009.
Amount appropriated in this Act

($411,357) ($50,943)

($411,357) ($50,943)

($183,908)
($88,195) ($300,000) ($2,493,798)

($183,908)
($88,195) ($300,000)
$0

$25,778,387

$28,856,400

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 or services for committed youth.

Total Funds

$43,548,351

American Recovery and Reinvestment Act

$3,726,687

Federal Funds and Grants

$3,726,687

Other Funds

$5,002,533

Other Funds - Not Specifically Identified

$5,002,533

State Funds

$34,819,131

State General Funds

$34,819,131

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 (HB990)

$50,568,335

$55,570,868

Defer state employees' salary increases.

($29,370)

($29,370)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from

($53,406)

($53,406)

THURSDAY, MARCH 19, 2009

3315

22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce part-time labor positions.
Reflect savings associated with lower utilization of contracted services.
Eliminate the Weekend Sanctions Program for youth in the community.
Eliminate one-time funds for Glynn County to implement a non-secure juvenile diversion center.
Discontinue funding for the Family Based Intervention program.
Recognize savings from mental health services paid for by Care Management Organizations.
Recognize savings for North Georgia Wilderness program closed in FY 2008 by reducing maximum length of stay in the Short Term program (STP) to 30 days.
Utilize Outdoor Therapy program (OTP) on fee-for-service basis.
Close Blakely Wilderness program by reducing maximum length of stay in the Short Term program (STP) to 30 days.
Replace state funds with fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009.
Amount appropriated in this Act

$0 ($33,658) ($2,316,392) ($85,920) ($500,000)

$0 ($33,658) ($2,316,392) ($85,920) ($500,000)

($1,488,287) ($3,080,000)

($1,488,287) ($3,080,000)

($2,053,560)

($2,053,560)

($768,059) ($1,613,865)

($768,059) ($1,613,865)

($3,726,687)

$0

$34,819,131

$43,548,351

29.3. Community Supervision

Purpose: Protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens.

Total Funds

$54,069,438

3316

JOURNAL OF THE HOUSE

American Recovery and Reinvestment Act

$4,679,374

Federal Funds and Grants

$4,679,374

Other Funds

$4,297,106

Other Funds - Not Specifically Identified

$4,297,106

State Funds

$45,092,958

State General Funds

$45,092,958

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 (HB990)

$55,094,993

$59,392,099

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,621,670

$1,621,670

Defer state employees' salary increases.

($721,411)

($721,411)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($1,648,866)

($1,648,866)

Reduce funds to reflect the revised revenue estimate.

($357,348)

($357,348)

Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.

($116,813)

($116,813)

Reduce part-time labor positions.

($301,285)

($301,285)

Eliminate funding and 67 vacant JPPS positions provided for in FY 2009 budget.

($3,157,758)

($3,157,758)

Reduce staffing of the Apprehensions Unit by 12 positions.

($640,850)

($640,850)

Replace state funds with fiscal stabilization

($4,679,374)

$0

funds from the American Recovery and

THURSDAY, MARCH 19, 2009

3317

Reinvestment Act of 2009. Amount appropriated in this Act

$45,092,958

$54,069,438

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

$93,012,628

American Recovery and Reinvestment Act

$8,013,778

Federal Funds and Grants

$9,288,683

Federal Funds Not Specifically Identified

$1,274,905

Other Funds

$2,125,182

Other Funds - Not Specifically Identified

$2,125,182

State Funds

$81,598,763

State General Funds

$81,598,763

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 (HB990)

$99,055,570 $102,455,657

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$180,572

$180,572

Defer state employees' salary increases.

($2,112,778)

($2,112,778)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($1,835,781)

($1,835,781)

Reduce funds to reflect the revised revenue estimate.

($234,946)

($234,946)

3318

JOURNAL OF THE HOUSE

Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.
Discontinue funding for the Emory and MCG Residency Program.
Replace social service provider 2 positions with part-time positions.
Recognize savings through the suspension of the 21st Century Learning After School program within Youth Development Campus (YDC) facilities.
Recognize savings through the suspension of the Think Exit at Entry program within Youth Development Campus (YDC) facilities.
Reduce part-time labor positions.
Close McIntosh YDC by reducing maximum length of stay in the Short Term Program (STP) to 30 days.
Reduce the use of on-call social workers in Youth Development Campuses (YDC).
Reduce Substance Abuse Education Program within Youth Development Campus (YDC) facilities.
Replace state funds with fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009.
Amount appropriated in this Act

($134,473) ($31,200) ($22,573) ($385,000)

($134,473) ($31,200) ($22,573) ($385,000)

($600,000)

($600,000)

($329,843) ($3,646,064)

($329,843) ($3,646,064)

($194,610) ($96,333)

($194,610) ($96,333)

($8,013,778)

$0

$81,598,763

$93,012,628

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

$105,277,333

American Recovery and Reinvestment Act

$9,106,566

Federal Funds and Grants

$9,166,713

Federal Funds Not Specifically Identified

$60,147

Other Funds

$1,919,185

Other Funds - Not Specifically Identified

$1,919,185

State Funds

$94,191,435

State General Funds

$94,191,435

THURSDAY, MARCH 19, 2009

3319

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$109,753,879 $111,733,211

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$669,445

$669,445

Defer state employees' salary increases.

($2,317,047)

($2,317,047)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($2,577,722)

($2,577,722)

Reduce funds to reflect the revised revenue estimate.

($471,952)

($471,952)

Consolidate 5 regions to 4 regions and eliminate 7 filled and 1 vacant positions.

($325,219)

($325,219)

Discontinue funding for the Emory and MCG Residency Program.

($10,400)

($10,400)

Improve utilization of psychology services at secure facilities throughout the state.

($98,133)

($98,133)

Reduce part-time labor positions.

($566,063)

($566,063)

Replace social service provider positions with part-time positions.

($286,885)

($286,885)

Reduce the use of on-call social workers in Regional Youth Detention Centers (RYDC).

($227,261)

($227,261)

Discontinue funding for the Substance Abuse Education Program within Regional Youth Detention Center (RYDC) facilities.

($244,641)

($244,641)

3320

JOURNAL OF THE HOUSE

Replace state funds with fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009.
Amount appropriated in this Act

($9,106,566)

$0

$94,191,435 $105,277,333

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

$431,396,377 $345,440,508 $345,440,508
$31,528,191 $729,513
$30,798,678 $47,527,678 $47,527,678 $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

$40,243,822

Federal Funds and Grants

$37,923,936

Federal Funds Not Specifically Identified

$37,923,936

Other Funds

$0

State Funds

$2,319,886

State General Funds

$2,319,886

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,422,636

$41,856,572

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,800

$5,800

Defer state employees' salary increases.

($35,488)

($35,488)

THURSDAY, MARCH 19, 2009

3321

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce funds for motor vehicle purchases.
Reduce funds for personal services.
Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance.
Reduce operating expenses.
Discontinue funding ($510,000) for the Goodworks program to align TANF expenditures to annual grant award.
Amount appropriated in this Act

$0

$0

($56,963)

($56,963)

($28,001) ($4,378)

($28,001) ($4,378)

($4,117) ($653,327) ($211,276)

($4,117) ($653,327) ($211,276)

($115,000) $0

($115,000) ($510,000)

$2,319,886

$40,243,822

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

$5,050,696

Federal Funds and Grants

$2,913,518

Federal Funds Not Specifically Identified

$2,913,518

Other Funds

$0

State Funds

$2,137,178

State General Funds

$2,137,178

Intra-State Government Transfers

$0

3322

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 (HB990)

$2,309,899

$5,223,417

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$4,608

$4,608

Defer state employees' salary increases.

($13,874)

($13,874)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($37,604)

($37,604)

Reduce funds to reflect the revised revenue estimate.

($25,851)

($25,851)

Reduce operating expenses.

($100,000)

($100,000)

Amount appropriated in this Act

$2,137,178

$5,050,696

30.3. Business Enterprise Program

Purpose: Assist people who are blind in becoming successful contributors to the state's economy.

Total Funds

$2,342,695

Federal Funds and Grants

$1,966,085

Federal Funds Not Specifically Identified

$1,966,085

Other Funds

$0

State Funds

$376,610

State General Funds

$376,610

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3323

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce funds for personal services.
Reduce operating expenses.
Amount appropriated in this Act

State Funds $444,108
($2,798) $0

Total Funds $2,410,193
($2,798) $0

($7,229)

($7,229)

($4,551)
($7,920) ($45,000) $376,610

($4,551)
($7,920) ($45,000) $2,342,695

30.4. Commission on Women

Purpose: Advance the health, education, economic, social, and legal status of women in Georgia.

Total Funds

$82,860

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$82,860

State General Funds

$82,860

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$93,172

$93,172

Reduce funds to reflect the revised revenue estimate.

($1,012)

($1,012)

3324

JOURNAL OF THE HOUSE

Reduce operating expenses. Amount appropriated in this Act

($9,300) $82,860

($9,300) $82,860

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

$12,197,959

Federal Funds and Grants

$0

Other Funds

$11,828,888

Agency Funds

$729,513

Other Funds - Not Specifically Identified

$11,099,375

State Funds

$369,071

State General Funds

$369,071

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$452,913

$12,281,801

Defer state employees' salary increases.

($72,011)

($72,011)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to

($7,373)

($7,373)

THURSDAY, MARCH 19, 2009

3325

30% of the cost of the plan. Reduce funds to reflect the revised revenue estimate. Amount appropriated in this Act

($4,458) $369,071

($4,458) $12,197,959

30.7. Labor Market Information

Purpose: Collect, analyze, and publish a wide array of information about the state's labor market.

Total Funds

$2,951,208

Federal Funds and Grants

$2,249,873

Federal Funds Not Specifically Identified

$2,249,873

Other Funds

$0

State Funds

$701,335

State General Funds

$701,335

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 (HB990)

$753,151

$3,003,024

Defer state employees' salary increases.

($8,962)

($8,962)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($14,385)

($14,385)

Reduce funds to reflect the revised revenue estimate.

($8,469)

($8,469)

Reduce operating expenses.

($20,000)

($20,000)

Amount appropriated in this Act

$701,335

$2,951,208

3326

JOURNAL OF THE HOUSE

30.8. Roosevelt Warm Springs Institute

Purpose: Empower individuals with disabilities to achieve personal independence.

Total Funds

$32,601,901

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

$6,719,525

State General Funds

$6,719,525

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,339,734

$33,222,110

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$9,726

$9,726

Defer state employees' salary increases.

($57,183)

($57,183)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($119,484)

($119,484)

Reduce funds to reflect the revised revenue estimate.

($81,269)

($81,269)

Reduce funds for motor vehicle purchases.

($59,095)

($59,095)

Reduce funds for personal services.

($208,904)

($208,904)

Eliminate funds provided in FY 2009 for Blaze Sports.

($104,000)

($104,000)

Amount appropriated in this Act

$6,719,525

$32,601,901

THURSDAY, MARCH 19, 2009

3327

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

$3,200,768

Federal Funds and Grants

$168,552

Federal Funds Not Specifically Identified

$168,552

Other Funds

$0

State Funds

$3,032,216

State General Funds

$3,032,216

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,406,435

$3,574,987

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,250

$5,250

Defer state employees' salary increases.

($30,212)

($30,212)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($55,453)

($55,453)

Reduce funds to reflect the revised revenue estimate.

($36,662)

($36,662)

Reduce funds and eliminate 3 safety inspector positions and 1 clerical position provided in FY 2009.

($257,142)

($257,142)

Amount appropriated in this Act

$3,032,216

$3,200,768

3328

JOURNAL OF THE HOUSE

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

$57,426,008

Federal Funds and Grants

$49,173,186

Federal Funds Not Specifically Identified

$49,173,186

Other Funds

$0

State Funds

$8,252,822

State General Funds

$8,252,822

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$11,228,560

$60,401,746

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$15,009

$15,009

Defer state employees' salary increases.

($112,322)

($112,322)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($180,294)

($180,294)

Reduce funds for motor vehicle purchases.

($10,452)

($10,452)

Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance.

($2,580,789)

($2,580,789)

Reduce operating expenses.

($106,890)

($106,890)

Amount appropriated in this Act

$8,252,822

$57,426,008

THURSDAY, MARCH 19, 2009

3329

30.11. Vocational Rehabilitation Program

Purpose: Assist people with disabilities so that they may go to work.

Total Funds

$84,241,280

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

$16,067,911

State General Funds

$16,067,911

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 (HB990)

$18,029,477

$84,502,846

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$26,362

$26,362

Defer state employees' salary increases.

($92,059)

($92,059)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($293,633)

($293,633)

Reduce funds to reflect the revised revenue estimate.

($194,279)

($194,279)

Reduce operating expenses.

($540,000)

($540,000)

Reduce contract funds.

($597,296)

($597,296)

Eliminate funds provided in FY 2009 for the Georgia Games.

($25,000)

($25,000)

3330

JOURNAL OF THE HOUSE

Eliminate funds provided in FY 2009 for SHARE DEAR.
Eliminate funds for the Georgia Council on the Hearing Impaired (Hinesville Location).
Eliminate funds for State Wide Assistive Technology contract.
Discontinue funding ($1,700,000) for the Goodworks program to align TANF expenditures to annual grant award.
Amount appropriated in this Act

($48,661) ($167,000) ($30,000)
$0

($48,661) ($167,000) ($30,000) $1,700,000

$16,067,911

$84,241,280

30.12. Workforce Development

Purpose: Assist employers and job seekers with job matching services and promote economic growth and development.

Total Funds

$135,458,360

Federal Funds and Grants

$122,790,096

Federal Funds Not Specifically Identified

$122,790,096

Other Funds

$0

State Funds

$7,468,264

State General Funds

$7,468,264

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 (HB990)

$8,289,007 $137,721,103

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$9,892

$9,892

Defer state employees' salary increases.

($84,464)

($84,464)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and

($135,577)

($135,577)

THURSDAY, MARCH 19, 2009

3331

from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce funds for motor vehicle purchases.
Reduce operating expenses.
Discontinue funding ($1,442,000) for the Goodworks program to align TANF expenditures to annual grant award.
Amount appropriated in this Act

($90,305)
($20,289) ($500,000)
$0

($90,305)
($20,289) ($500,000) ($1,442,000)

$7,468,264 $135,458,360

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

$54,196,998 $0
$36,826,240 $36,826,240 $17,370,758 $17,370,758
$0

31.1. Law

Purpose: Serve the citizens of the State of Georgia by providing legal representation of the highest quality to the agencies, officers, and employees of state government.

Total Funds

$54,196,998

Federal Funds and Grants

$0

Other Funds

$36,826,240

Other Funds - Not Specifically Identified

$36,826,240

State Funds

$17,370,758

State General Funds

$17,370,758

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3332

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce funding for personal services ($802,445) and eliminate 5 vacant positions ($267,258).
Reduce funding for operating expenses.
Reflect anticipated change in hospital acquisition statute requiring payment of valuation studies by the department.
Amount appropriated in this Act

State Funds $19,650,981
$41,945

Total Funds $56,477,221
$41,945

($247,231) $0

($247,231) $0

($638,166)

($638,166)

($175,944) ($924)

($175,944) ($924)

($1,069,703)

($1,069,703)

($115,200) ($75,000)

($115,200) ($75,000)

$17,370,758

$54,196,998

Section 32: Natural Resources, Department of Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds

$272,493,980 $49,146,841 $49,146,841
$117,966,831 $66,648,023

THURSDAY, MARCH 19, 2009

3333

Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds State General Funds Intra-State Government Transfers

$51,214,895 $103,913
$105,380,308 $105,380,308
$0

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state park's parking pass implemented by the Department.
The above appropriations reflect receipts from Jekyll Island Convention Center and Golf Course - $579,346 for 16 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 16 of 20 years; last payment being made June 15, 2014.

32.1. Administration

Purpose: Provide administrative support for all programs of the department.

Total Funds

$11,961,637

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

$11,213,988

State General Funds

$11,213,988

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$10,959,652

$11,707,301

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,133,190

$1,133,190

Defer state employees' salary increases.

($115,915)

($115,915)

3334

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce operating expenses.
Reduce funds for personal services to reflect vacancies.
Amount appropriated in this Act

$0

$0

($190,776)

($190,776)

($59,209) ($11,954)

($59,209) ($11,954)

($200,000) ($301,000)
$11,213,988

($200,000) ($301,000)
$11,961,637

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

$8,438,965

Federal Funds and Grants

$5,940,807

Federal Funds Not Specifically Identified

$5,940,807

Other Funds

$90,221

Other Funds - Not Specifically Identified

$90,221

State Funds

$2,407,937

State General Funds

$2,407,937

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,898,737

$8,929,765

THURSDAY, MARCH 19, 2009

3335

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate funds for motor vehicle purchases.
Reduce operating expenses.
Eliminate funds for removal of sunken vessels.
Defer state funds for artificial reef construction.
Reduce funds for maintenance and repair of reef buoys in Georgia's coastal waters.
Reduce funds for personal services to reflect 2 vacancies.
Amount appropriated in this Act

$3,578
($34,089) $0

$3,578
($34,089) $0

($49,234)

($49,234)

($12,966)
($20,000) ($20,000) ($180,000)
($75,549)
($7,305)
($95,235)
$2,407,937

($12,966)
($20,000) ($20,000) ($180,000)
($75,549)
($7,305)
($95,235)
$8,438,965

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

$119,378,974

Federal Funds and Grants

$23,517,774

Federal Funds Not Specifically Identified

$23,517,774

Other Funds

$66,713,023

Agency Funds

$66,648,023

3336

JOURNAL OF THE HOUSE

Other Funds - Not Specifically Identified

$65,000

State Funds

$29,148,177

State General Funds

$29,148,177

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 (HB990)

$32,372,077 $122,602,874

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$191,624

$191,624

Defer state employees' salary increases.

($471,122)

($471,122)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($764,676)

($764,676)

Reduce funds to reflect the revised revenue estimate.

($148,838)

($148,838)

Eliminate 18 vacant positions.

($868,424)

($868,424)

Reduce operating expenses.

($200,000)

($200,000)

Reduce funds for advertising in the Clean Air Campaign.

($180,000)

($180,000)

Reduce funds for the Emergency Response Network and eliminate 2 vacant positions.

($347,064)

($347,064)

Replace state funds with other funds for 2 positions and operating expenses in Land Protection.

$0

$0

Eliminate contract funds for water quality by utilizing EPD lab.

($235,400)

($235,400)

THURSDAY, MARCH 19, 2009

3337

Reflect savings from a 20% reduction to travel.
Amount appropriated in this Act

($200,000) $29,148,177

($200,000) $119,378,974

32.4. Hazardous Waste Trust Fund

Purpose: Investigate and clean up abandoned hazardous sites.

Total Funds

$6,522,099

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$6,522,099

State General Funds

$6,522,099

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,600,000

$7,600,000

Reduce funds to reflect the revised revenue estimate.

($33,883)

($33,883)

Reduce unobligated funds in the Hazardous Waste Trust Fund.

($858,000)

($858,000)

Eliminate 3 vacant environmental engineer positions.

($186,018)

($186,018)

Amount appropriated in this Act

$6,522,099

$6,522,099

32.5. Historic Preservation

Purpose: Identify, protect and preserve Georgia's historical sites for the enjoyment of present and future generations.

Total Funds

$2,701,919

Federal Funds and Grants

$1,007,287

Federal Funds Not Specifically Identified

$1,007,287

Other Funds

$0

State Funds

$1,694,632

State General Funds

$1,694,632

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3338

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate contract funds for the certified local government coordinator.
Defer funds for Georgia Heritage Grants.
Reduce contract funds for Regional Development Centers' historic preservation planners.
Reduce state funds.
Amount appropriated in this Act

State Funds $2,176,447
$36,670

Total Funds $3,183,734
$36,670

($17,990) $0

($17,990) $0

($40,081)

($40,081)

($9,943) ($42,000) ($129,276)
$0
($279,195) $1,694,632

($9,943) ($42,000) ($129,276)
$0
($279,195) $2,701,919

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

$415,711

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$415,711

State General Funds

$415,711

Intra-State Government Transfers

$0

THURSDAY, MARCH 19, 2009

3339

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$519,421

$519,421

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$8,653

$8,653

Defer state employees' salary increases.

($4,513)

($4,513)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($10,057)

($10,057)

Reduce funds for personal services.

($97,793)

($97,793)

Amount appropriated in this Act

$415,711

$415,711

32.7. Parks, Recreation and Historic Sites

Purpose: Increase public awareness of the opportunities at state parks and historic sites throughout Georgia.

Total Funds

$54,008,956

Federal Funds and Grants

$1,704,029

Federal Funds Not Specifically Identified

$1,704,029

Other Funds

$35,987,308

Other Funds - Not Specifically Identified

$35,987,308

State Funds

$16,317,619

State General Funds

$16,317,619

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3340

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate funds for motor vehicle purchases.
Reduce contract funds.
Remove one-time funds provided in FY 2009 to complete surveys at High Falls State Park.
Remove one-time funds provided in FY 2009 to build public recreation facilities and a boat ramp for the Bear Creek Reservoir.
Remove one-time funds provided in FY 2009 to manage aquatic vegetation at Little Ocmulgee State Park.
Reduce state funds for maintenance and repair.
Replace state funds with other funds in personal services.
Close the Bo Ginn Aquarium and eliminate 1 vacant position.
Remove funds for Historic Site Region Office and eliminate 5 positions.

State Funds $27,435,429
$27,429
($1,786,305) $0
($506,253)
($94,360) ($406,798) ($76,000) ($74,000) ($125,000)
($602,502)
($3,000,000) ($68,000) ($51,000) ($526,481)

Total Funds $70,424,697
$27,429
($1,786,305) $0
($506,253)
($94,360) ($406,798)
($76,000) ($74,000) ($125,000)
($1,605,696)
($3,000,000) ($68,000) ($51,000) ($526,481)

THURSDAY, MARCH 19, 2009

3341

Suspend operation of 8 swimming pools.
Reduce funds for the lodge administration office and eliminate 1 position.
Reduce all state funds and other funds for golf course operations and the golf course region office by end of first quarter FY 2010.
Defer all state and other funds for the opening of the Suwannee River Eco-Lodge. (Total Funds: $340,000)
Amount appropriated in this Act

($143,000) ($1,501,806)
($2,008,734)

($143,000) ($3,605,834)
($4,034,443)

($175,000)

($340,000)

$16,317,619

$54,008,956

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
Other Funds - Not Specifically Identified Prior Year Funds - Other

$211,893 $96,580 $96,580
$115,313 $11,400
$103,913

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

$2,907,138

State Funds

$2,907,138

State General Funds

$2,907,138

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,000,000

$6,000,000

Reduce funds in the Solid Waste Trust Fund.

($3,092,862)

($3,092,862)

Amount appropriated in this Act

$2,907,138

$2,907,138

32.10. Wildlife Resources Purpose: Regulate hunting, fishing, and the operation of watercraft in Georgia, protect

3342

JOURNAL OF THE HOUSE

non-game and endangered wildlife, and maintain public education and law enforcement programs.

Total Funds

$63,577,238

Federal Funds and Grants

$16,705,981

Federal Funds Not Specifically Identified

$16,705,981

Other Funds

$14,487,700

Other Funds - Not Specifically Identified

$14,487,700

State Funds

$32,383,557

State General Funds

$32,383,557

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$37,516,647

$69,297,433

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$22,660

$22,660

Defer state employees' salary increases.

($1,743,896)

($1,743,896)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($740,846)

($740,846)

Reduce funds to reflect the revised revenue estimate.

($165,219)

($165,219)

Reduce contract funds.

($68,000)

($68,000)

Reduce operating expenses.

($20,000)

($20,000)

Eliminate 10 vacant positions funded in FY 2009.

($450,000)

($450,000)

THURSDAY, MARCH 19, 2009

3343

Eliminate 7 positions for License and Boating Registration due to implementation of automated system.
Eliminate funds for motor vehicle purchases.
Eliminate 1 vacant position for the Lake Burton cold-water hatchery.
Replace state funds with other funds in Game Management.
Return select Wildlife Management Areas to federal management and reduce select leased acreage as a result of nearby state land acquisitions. (Total Funds: $1,084,642)
Reduce operating expenses at the Charlie Elliott Wildlife Center.
Remove one-time funding provided in FY 2009 to construct a campground and trail at the Berry College Wildlife Management Area.
Eliminate 10 vacant conservation ranger positions.
Reduce funds for flathead catfish management.
Remove funds provided in FY2006 to recover submerged deadhead logs.
Amount appropriated in this Act

($269,107)
($138,407) ($47,896) ($538,163) ($170,537)

($269,107)
($138,407) ($47,896) ($538,163) ($757,642)

($49,719) ($25,000)

($49,719) ($25,000)

($478,960) ($200,000) ($50,000) $32,383,557

($478,960) ($200,000) ($50,000) $63,577,238

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

$1,533,410

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,533,410

State General Funds

$1,533,410

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 (HB990)

$1,802,507

$1,802,507

Defer state employees' salary increases.

($25,535)

($25,535)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($30,294)

($30,294)

Reduce funds to reflect the revised revenue estimate.

($15,316)

($15,316)

Reduce state funding for operating expenses.

($172,952)

($172,952)

Remove one-time funds provided in FY 2009 to assist the Laurens County Agriculture and Exposition Center.

($25,000)

($25,000)

Amount appropriated in this Act

$1,533,410

$1,533,410

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

$736,040

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$736,040

State General Funds

$736,040

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3345

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce state funding for operating expenses.
Reduce additional funds provided in FY 2008 for operating expenses.
Reduce additional funds provided in FY 2007 for repairs and maintenance.
Reduce funds provided in FY 2009 for personal services.
Amount appropriated in this Act

State Funds $1,124,176
($54)

Total Funds $1,124,176
($54)

($8,168) $0

($8,168) $0

($39,208)

($39,208)

($9,889) ($109,888) ($155,000) ($32,820) ($33,109)
$736,040

($9,889) ($109,888) ($155,000) ($32,820) ($33,109)
$736,040

32.13. Payments to Lake Allatoona Preservation Authority Purpose: Provide operating funds for and to the Lake Allatoona Preservation Authority.
Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$75,000 $0 $0
$75,000 $75,000
$0

3346

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 (HB990)

$100,000

$100,000

Remove state funding for operating expenses.

($25,000)

($25,000)

Amount appropriated in this Act

$75,000

$75,000

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

$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 (HB990)

$371,964

$371,964

Reduce funds to reflect the revised revenue estimate.

($2,267)

($2,267)

Reduce state funding for operating expenses.

($261,595)

($261,595)

Replace state funds with other funds for operating expenses.

($108,102)

($108,102)

Amount appropriated in this Act

$0

$0

32.15. Georgia State Games Commission Purpose: Improve the physical fitness of Georgians.
Total Funds Federal Funds and Grants Other Funds State Funds
State General Funds Intra-State Government Transfers

$25,000 $0 $0
$25,000 $25,000
$0

THURSDAY, MARCH 19, 2009

3347

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$0

Maintain funding for the Georgia State Games.

$25,000

$25,000

Amount appropriated in this Act

$25,000

$25,000

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

$52,991,823 $806,050 $806,050 $0
$52,185,773 $52,185,773
$0

33.1. Administration

Purpose: Provide administrative support for the agency.

Total Funds

$5,603,172

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$5,603,172

State General Funds

$5,603,172

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,337,655

$6,337,655

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$204,101

$204,101

Defer state employees' salary increases.

($41,490)

($41,490)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to

$0

$0

3348

JOURNAL OF THE HOUSE

17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Remove one-time funding for the Clemency Online Navigation System project.
Reduce computer charges.
Reduce contracts for the Research, Evaluation and Technology (RET) unit ($40,000).
Reduce regular operating expenses.
Eliminate 1 position in the Human Resources unit.
Reduce contracts for the Training Unit ($30,000).
Amount appropriated in this Act

($112,373)

($112,373)

($56,786) ($11,516)
($479,896) ($16,841) ($40,000) ($75,000) ($74,682) ($30,000)
$5,603,172

($56,786) ($11,516)
($479,896) ($16,841) ($40,000) ($75,000) ($74,682) ($30,000) $5,603,172

33.2. Clemency

Purpose: Investigate offenders upon entry to the corrections system, and make determinations about offender eligibility for parole.

Total Funds

$6,604,949

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$6,604,949

State General Funds

$6,604,949

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3349

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Defer funding for parole officer training and reduce the cost of operations agency-wide.
Eliminate 3 positions in the Records Processing unit and 2 positions in the Investigations unit.
Reduce funding for central office travel.
Reduce personal services funding.
Redistribute funding and 81 positions to the Parole Supervision Program to provide for more direct management of field staff responsible for investigations.
Amount appropriated in this Act

State Funds $11,247,418
$50,552

Total Funds $11,247,418
$50,552

($120,940) $0

($120,940) $0

($326,660)

($326,660)

($66,925) ($21,858) ($138,000)

($66,925) ($21,858) ($138,000)

($17,425) ($107,000) ($3,894,213)

($17,425) ($107,000) ($3,894,213)

$6,604,949

$6,604,949

33.3. Parole Supervision

Purpose: Transition offenders from prison into the community as productive, lawabiding citizens.

Total Funds

$40,349,026

Federal Funds and Grants

$806,050

3350

JOURNAL OF THE HOUSE

Federal Funds Not Specifically Identified

$806,050

Other Funds

$0

State Funds

$39,542,976

State General Funds

$39,542,976

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$40,293,558

$41,099,608

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$275,716

$275,716

Defer state employees' salary increases.

($1,675,142)

($1,675,142)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($1,029,359)

($1,029,359)

Reduce funds to reflect the revised revenue estimate.

($400,080)

($400,080)

Defer funding for parole officer training and reduce the cost of operations agency-wide.

($216,235)

($216,235)

Eliminate 18 vacant parole officer positions.

($777,880)

($777,880)

Reduce operating expenditures for the Atlanta Parole Reporting Center.

($92,415)

($92,415)

Reduce funds for central office travel.

($8,400)

($8,400)

Redistribute funding and 81 positions from the Clemency program to provide for more direct management of field staff responsible for investigations.

$3,894,213

$3,894,213

THURSDAY, MARCH 19, 2009

3351

Eliminate the Residential Substance Abuse Treatment program.
Amount appropriated in this Act

($721,000) $39,542,976

($721,000) $40,349,026

33.4. Victims Services

Purpose: Provide notification to victims of changes in offender status or placement, conduct outreach and information gathering from victims during clemency proceedings, and act as a liaison for victims to the state corrections system.

Total Funds

$434,676

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$434,676

State General Funds

$434,676

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$560,959

$560,959

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$5,777

$5,777

Defer state employees' salary increases.

($5,135)

($5,135)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($13,141)

($13,141)

Reduce funds to reflect the revised revenue estimate.

($4,399)

($4,399)

Reduce funding for central office travel.

($4,000)

($4,000)

3352

JOURNAL OF THE HOUSE

Realize efficiencies in private partner agreements. Eliminate 1 business operations position. Amount appropriated in this Act

($60,000)
($45,385) $434,676

($60,000)
($45,385) $434,676

Section 34: Personnel Administration, State Total Funds Federal Funds and Grants Other Funds State Funds Intra-State Government Transfers
Other Intra-State Government Payments

$11,320,799 $0 $0 $0
$11,320,799 $11,320,799

The Department is authorized to assess no more than $137.00 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: Provide administrative and technical support to the agency.

Total Funds

$2,620,875

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$0

Intra-State Government Transfers

$2,620,875

Other Intra-State Government Payments

$2,620,875

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$4,393,910

Defer state employees' salary increases.

$0

$0

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

$0

($257,974)

Submit payment to State Treasury ($1,398,877).

$0

($1,398,877)

THURSDAY, MARCH 19, 2009

3353

Defer state employees' salary increases (Other Funds: $116,184).
Amount appropriated in this Act

$0

($116,184)

$0

$2,620,875

34.2. Recruitment and Staffing Services

Purpose: Provide a central point of contact for the general public seeking employment with the State.

Total Funds

$1,173,280

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$0

Intra-State Government Transfers

$1,173,280

Other Intra-State Government Payments

$1,173,280

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$1,293,708

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

$0

($107,489)

Defer state employees' salary increases (Other Funds: $12,939).

$0

($12,939)

Amount appropriated in this Act

$0

$1,173,280

34.3. Total Compensation and Rewards

Purpose: Ensure fair and consistent employee compensation practices across state agencies.

Total Funds

$3,984,178

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$0

Intra-State Government Transfers

$3,984,178

Other Intra-State Government Payments

$3,984,178

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3354

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Defer state employees' salary increases (Other Funds: $27,278).
Amount appropriated in this Act

State Funds $0
$0

Total Funds $4,387,668
($376,212)

$0

($27,278)

$0

$3,984,178

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

$3,542,466

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$0

Intra-State Government Transfers

$3,542,466

Other Intra-State Government Payments

$3,542,466

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$3,913,484

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

$0

($333,217)

Defer state employees' salary increases (Other Funds: $37,801).

$0

($37,801)

Amount appropriated in this Act

$0

$3,542,466

Section 35: Properties Commission, State Total Funds Other Funds
Other Funds - Not Specifically Identified

$1,037,739 $1,037,739 $1,037,739

THURSDAY, MARCH 19, 2009

3355

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

$0

Other Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$417,295

Eliminate the Leasing program, and redistribute funds to the State Properties Commission program to further support and enhance the portfolio management approach to property management (Other Funds: ($417,295)).

$0

($417,295)

Amount appropriated in this Act

$0

$0

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

$1,037,739

Other Funds

$1,037,739

Other Funds - Not Specifically Identified

$1,037,739

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$620,444

Redistribute funds from the Leasing program to the State Properties Commission program to further support and enhance the portfolio management approach to property management (Other Funds: $417,295).

$0

$417,295

Amount appropriated in this Act

$0

$1,037,739

The following appropriations are for agencies attached for administrative purposes.

3356

JOURNAL OF THE HOUSE

35.3. Payments to Georgia Building Authority

Purpose: Provide maintenance, repairs, and preparatory work on property owned by the Georgia Building Authority.

Total Funds

$0

Other Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$0

Reduce operating expenses and telecommunications costs (Other Funds: ($161,494)).

$0

($161,494)

Realize efficiencies in Capitol Hill security contract based on staffing analysis, building closures, and a reduction in equipment purchases (Other Funds: ($750,387)).

$0

($750,387)

Reduce contracts for temporary labor, in access control systems, and other miscellaneous contracts (Other Funds: ($208,277)).

$0

($208,277)

Reduce custodial contracts through the elimination of 2 cleaning days per week in state buildings, and transfer cleaning services at specific facilities to GBA staff (Other Funds: ($749,445)).

$0

($749,445)

Reduce central energy plant usage and utility costs through the use of automated controls, increasing standard thermostat settings, and limited HVAC usage at closed or vacant facilities (Other Funds: ($815,704)).

$0

($815,704)

Close the Capitol Education Center, and realize savings through a reduction in utilities and the elimination of 1 position (Other Funds: ($111,579)).

$0

($111,579)

Redistribute savings from agency reductions to capital projects for facility repairs (Other Funds: $2,796,886).

$0

$2,796,886

Amount appropriated in this Act

$0

$0

THURSDAY, MARCH 19, 2009

3357

Section 36: Public Defender Standards Council, Georgia Total Funds Federal Funds and Grants Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers

$42,738,315 $0
$1,700,000 $1,700,000 $41,038,315 $41,038,315
$0

36.1. Public Defenders

Purpose: 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 O.C.G.A. 17-12-2.

Total Funds

$33,806,561

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$33,806,561

State General Funds

$33,806,561

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 (HB990)

$33,283,389

$33,283,389

Defer state employees' salary increases.

($342,099)

($342,099)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($1,044,450)

($1,044,450)

3358

JOURNAL OF THE HOUSE

Reduce funds to reflect the revised revenue estimate.
Reduce 6 opt-out circuit budgets to match agency-wide reductions.
Reduce funding for operating expenses through individual circuit reductions.
Reduce funding for personal services to reflect projected expenditures.
Reduce contracts for appellate cases based on anticipated demand.
Decrease funding for conflict cases throughout the public defender offices.
Reduce personal services by freezing 2 positions in the conflict offices ($153,387) and reduce operating expenses through the consolidation of 4 conflict offices into circuit offices ($154,000).
Provide funding to pay all outstanding noncapital conflict liabilities over a two-year period beginning with liabilities for Fiscal Years 2005 ($97,228), 2006 ($317,446), 2007 ($612,151) and 2008 ($583,343).
Increase funds for salary, one-time funds for computer expenses, and travel for three Assistant Public Defenders for the Atlanta, Alcovy and Brunswick circuits per HB 1163 (2008 Session).
Amount appropriated in this Act

($283,377) ($289,552) ($682,750) ($494,048) ($60,000) $2,166,667 ($307,387)

($283,377) ($289,552) ($682,750) ($494,048) ($60,000) $2,166,667 ($307,387)

$1,610,168

$1,610,168

$250,000

$250,000

$33,806,561

$33,806,561

36.2. Public Defenders Standards Council

Purpose: Fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office.

Total Funds

$8,931,754

Federal Funds and Grants

$0

Other Funds

$1,700,000

Agency Funds

$1,700,000

State Funds

$7,231,754

State General Funds

$7,231,754

Intra-State Government Transfers

$0

THURSDAY, MARCH 19, 2009

3359

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,156,568

$8,856,568

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($4,687)

($4,687)

Defer state employees' salary increases.

($75,437)

($75,437)

Reduce funds to reflect the revised revenue estimate.

($65,557)

($65,557)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($6,860)

($6,860)

Reduce funding for personal services ($361,144) and operating expenses ($400,820).

($761,964)

($761,964)

Reduce funding for training except for 3 mandatory training classes for public defenders.

($200,000)

($200,000)

Provide funding to pay all outstanding capital case liabilities over a two-year period beginning with liabilities for Fiscal Years 2005, 2006, 2007 and 2008.

$1,189,691

$1,189,691

Amount appropriated in this Act

$7,231,754

$8,931,754

Section 37: Public Safety, Department of Total Funds
American Recovery and Reinvestment Act Federal Funds and Grants
Federal Highway Administration Highway Planning & Construction Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds

$159,637,755 $8,872,757
$37,477,258
$250,000
$28,354,501 $10,753,307
$647,000 $10,106,307 $103,903,319 $103,903,319

3360

JOURNAL OF THE HOUSE

Intra-State Government Transfers Other Intra-State Government Payments

$7,503,871 $7,503,871

37.1. Administration

Purpose: Work cooperatively with all levels of government to provide a safe environment for residents and visitors.

Total Funds

$8,082,881

Federal Funds and Grants

$15,571

Federal Funds Not Specifically Identified

$15,571

Other Funds

$0

State Funds

$8,067,310

State General Funds

$8,067,310

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$9,023,817

$9,039,388

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($135,002)

($135,002)

Defer state employees' salary increases.

($85,072)

($85,072)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($238,835)

($238,835)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($18,317)

($18,317)

Defer filling 3 vacant administrative positions.

($282,441)

($282,441)

THURSDAY, MARCH 19, 2009

3361

Assign 5 security officers to vacant positions in the Capitol Police program.
Amount appropriated in this Act

($196,840) $8,067,310

($196,840) $8,082,881

37.2. Aviation

Purpose: Provide air support to the Georgia State Patrol and other state, federal and local agencies, thereby improving public safety for the citizens of Georgia.

Total Funds

$2,909,175

Federal Funds and Grants

$200,000

Federal Funds Not Specifically Identified

$200,000

Other Funds

$0

Agency Funds

($370,000)

Other Funds - Not Specifically Identified

$370,000

State Funds

$2,709,175

State General Funds

$2,709,175

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,843,588

$3,413,588

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($61,042)

($61,042)

Defer state employees' salary increases.

($19,270)

($19,270)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($54,101)

($54,101)

3362

JOURNAL OF THE HOUSE

Remove one-time funds realized from insurance proceeds in FY 2008.
Amount appropriated in this Act

$0 $2,709,175

($370,000) $2,909,175

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

Intra-State Government Transfers

$7,503,871

Other Intra-State Government Payments

$7,503,871

37.4. Executive Security Services

Purpose: Provide facility security for the Governor's Mansion, 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

$1,438,819

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,438,819

State General Funds

$1,438,819

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 (HB990)

$1,511,025

$1,511,025

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($5,400)

($5,400)

Defer state employees' salary increases.

($17,546)

($17,546)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to

($49,260)

($49,260)

THURSDAY, MARCH 19, 2009

3363

reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Amount appropriated in this Act

$1,438,819

$1,438,819

37.5. Field Offices and Services

Purpose: Reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws.

Total Funds

$78,376,346

American Recovery and Reinvestment Act

$8,872,757

Federal Funds and Grants

$11,991,073

Federal Funds Not Specifically Identified

$3,118,316

Other Funds

$1,252,400

Other Funds - Not Specifically Identified

$1,252,400

State Funds

$65,132,873

State General Funds

$65,132,873

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$90,670,897

$95,041,613

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($735,491)

($735,491)

Defer state employees' salary increases.

($737,242)

($737,242)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($2,069,804)

($2,069,804)

3364

JOURNAL OF THE HOUSE

Reduce funds to reflect the revised revenue estimate.
Reduce operating expenses agency-wide by changing the uniform replacement policy, and reducing travel, training, and supply purchases.
Recognize savings from the implementation of consolidated communication centers, and eliminate 12 vacant and 43 filled radio operator positions.
Remove one-time computer-aided dispatch funds.
Reduce funding for vacant trooper positions.
Utilize citation revenue to cover the operational expenses of 10 additional troopers assigned to the Atlanta motorcycle unit.
Temporarily freeze trooper promotions resulting from attrition among officer ranks of corporal through captain.
Utilize 40 troopers in the Motor Carrier Compliance Division to provide increased commercial vehicle speed and compliance enforcement.
Assign 22 troopers to the Capitol Police program by utilizing Georgia Building Authority rental revenue and through a reduction in the private security contract.
Remove funding for the 86th Trooper School, including motor vehicle purchases.
Replace state funds with fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009.
Restore funding to purchase replacements for 23 trooper vehicles with over 135,000 miles.
Amount appropriated in this Act

($494,465) ($1,645,725)

($494,465) ($1,645,725)

($2,034,465)

($2,034,465)

($1,549,566)
($654,035) ($130,000)

($1,549,566)
($654,035) ($130,000)

($230,902)

($230,902)

($2,592,978)

($2,592,978)

($1,426,138)

($1,426,138)

($2,847,456) ($8,872,757)

($2,847,456) $0

$483,000 $65,132,873

$483,000 $78,376,346

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.

THURSDAY, MARCH 19, 2009

3365

Total Funds

$20,185,743

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

$7,125,373

State General Funds

$7,125,373

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 (HB990)

$8,278,923

$21,339,293

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($135,177)

($135,177)

Defer state employees' salary increases.

($144,853)

($144,853)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($385,476)

($385,476)

Reduce funds to reflect the revised revenue estimate.

$0

$0

Reduce operating expenses agency-wide by changing the uniform replacement policy, and reducing travel, training, and supply purchases.

($488,044)

($488,044)

Amount appropriated in this Act

$7,125,373

$20,185,743

37.7. Specialized Collision Reconstruction Team Purpose: Provide a means by which fatal crashes can be investigated thoroughly by

3366

JOURNAL OF THE HOUSE

specially trained investigators, and properly document evidence in collisions to be used for successful court prosecution.

Total Funds

$2,989,771

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,989,771

State General Funds

$2,989,771

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,106,754

$3,106,754

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($5,400)

($5,400)

Defer state employees' salary increases.

($29,306)

($29,306)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($82,277)

($82,277)

Amount appropriated in this Act

$2,989,771

$2,989,771

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

$2,334,199

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,334,199

THURSDAY, MARCH 19, 2009

3367

State General Funds

$2,334,199

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,595,107

$2,595,107

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($4,050)

($4,050)

Defer state employees' salary increases.

($29,669)

($29,669)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($83,296)

($83,296)

Defer filling 3 vacant administrative positions.

($143,893)

($143,893)

Amount appropriated in this Act

$2,334,199

$2,334,199

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 Georgia citizens, and establish professional standards for fire service training including consulting, testing, and certification of Georgia firefighters.

Total Funds

$737,630

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$737,630

3368

JOURNAL OF THE HOUSE

State General Funds

$737,630

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 (HB990)

$857,156

$857,156

Defer state employees' salary increases.

($7,728)

($7,728)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($21,212)

($21,212)

Reduce funds to reflect the revised revenue estimate.

($7,480)

($7,480)

Reduce per diem and fees for instructors.

($83,106)

($83,106)

Amount appropriated in this Act

$737,630

$737,630

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

$17,775,939

Federal Funds and Grants

$17,233,729

Federal Highway Administration Highway Planning & Construction

$250,000

Federal Funds Not Specifically Identified

$16,983,729

Other Funds

$0

State Funds

$542,210

State General Funds

$542,210

Intra-State Government Transfers

$0

THURSDAY, MARCH 19, 2009

3369

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$623,503

$17,857,232

Defer state employees' salary increases.

($2,009)

($2,009)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($11,812)

($11,812)

Reduce funds to reflect the revised revenue estimate.

($5,571)

($5,571)

Delay filling 1 vacant administration manager position.

($61,901)

($61,901)

Amount appropriated in this Act

$542,210

$17,775,939

37.11. Peace Officers Standards and Training Council

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 and/or illegal conduct is made, and sanction these individuals by disciplining officers and public safety professionals when necessary.

Total Funds

$2,133,703

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,133,703

State General Funds

$2,133,703

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3370

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate 1 vacant audit position ($38,475), and realize savings from attrition ($72,044).
Reduce operating expenses agency-wide.
Reduce contracts with the Georgia Sheriffs' Association and the Georgia Association of Chiefs of Police.
Remove one-time funds for contracts with the Georgia Sheriffs' Association for training of newly elected sheriffs ($316,952) and support for the Sex Offender Registration Act ($118,700).
Amount appropriated in this Act

State Funds $2,910,146
($19,369) $0

Total Funds $2,910,146
($19,369) $0

($52,978)

($52,978)

($21,566) ($110,519) ($69,244) ($67,115)
($435,652)

($21,566) ($110,519) ($69,244) ($67,115)
($435,652)

$2,133,703

$2,133,703

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

$15,169,678

Federal Funds and Grants

$1,486,742

Federal Funds Not Specifically Identified

$1,486,742

Other Funds

$2,990,680

Agency Funds

$1,017,000

THURSDAY, MARCH 19, 2009

3371

Other Funds - Not Specifically Identified

$1,973,680

State Funds

$10,692,256

State General Funds

$10,692,256

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 (HB990)

$12,839,435

$17,316,857

Defer state employees' salary increases.

($163,339)

($163,339)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($297,987)

($297,987)

Reduce funds to reflect the revised revenue estimate.

($104,758)

($104,758)

Defer offering the Fire Officer Executive Supervision program funded in FY 2008.

($145,000)

($145,000)

Realize operational savings from the elimination of individual dorm phone lines ($24,631), switching from mailers to postcards for student course notification ($7,600), and the elimination of gym staff evening hours ($7,200).

($39,431)

($39,431)

Postpone availability of public safety diver and smoke diver specialty courses.

($12,820)

($12,820)

Discontinue free meals for all agencies receiving training.

($1,383,844)

($1,383,844)

Amount appropriated in this Act

$10,692,256

$15,169,678

3372

JOURNAL OF THE HOUSE

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

$10,140,255 $600,000 $600,000 $70,000 $70,000
$9,470,255 $9,470,255
$0

38.1. Administration

Purpose: Assist the Commissioners and staff in achieving the agency's goals.

Total Funds

$1,285,963

Federal Funds and Grants

$0

Other Funds

$70,000

Other Funds - Not Specifically Identified

$70,000

State Funds

$1,215,963

State General Funds

$1,215,963

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,282,864

$1,352,864

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$1,167

$1,167

Defer state employees' salary increases.

($13,782)

($13,782)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the

($39,848)

($39,848)

THURSDAY, MARCH 19, 2009

3373

expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Amount appropriated in this Act

($13,505) ($933)
$1,215,963

($13,505) ($933)
$1,285,963

38.2. Facilities Protection

Purpose: Provide for the protection of the buried utility facility infrastructure within the State of Georgia.

Total Funds

$1,420,176

Federal Funds and Grants

$600,000

Federal Funds Not Specifically Identified

$600,000

Other Funds

$0

State Funds

$820,176

State General Funds

$820,176

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 (HB990)

$867,604

$1,467,604

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$961

$961

Defer state employees' salary increases.

($8,541)

($8,541)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to

($39,848)

($39,848)

3374

JOURNAL OF THE HOUSE

30% of the cost of the plan. Amount appropriated in this Act

$820,176

$1,420,176

38.3. Utilities Regulation

Purpose: Regulate intrastate telecommunications, natural gas, and electric utilities.

Total Funds

$7,434,116

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$7,434,116

State General Funds

$7,434,116

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 (HB990)

$8,197,541

$8,197,541

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$2,003

$2,003

Defer state employees' salary increases.

($77,195)

($77,195)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($185,992)

($185,992)

Reduce funds to reflect the revised revenue estimate.

($81,352)

($81,352)

Reduce funds in personal services for co-op and temporary positions.

($321,549)

($321,549)

Reduce operating expenses.

($199,340)

($199,340)

THURSDAY, MARCH 19, 2009

3375

Provide funds for the use of subject matter experts (SME's).
Amount appropriated in this Act

$100,000 $7,434,116

$100,000 $7,434,116

Section 39: Regents, University System of Georgia Total Funds
American Recovery and Reinvestment Act 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

$5,308,648,937 $92,617,896 $92,617,896
$3,133,129,721 $1,614,650,237 $1,513,879,236
$4,600,248 $2,082,901,320
$17,259,466 $2,065,641,854
$0

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

$29,761,796

Federal Funds and Grants

$0

Other Funds

$12,975,000

Agency Funds

$12,975,000

State Funds

$16,786,796

State General Funds

$16,786,796

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$17,891,736

$30,866,736

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$111,320

$111,320

3376

JOURNAL OF THE HOUSE

Reduce funds to reflect the revised revenue estimate.
Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.
Reduce employer match for health insurance from 75% to 70%.
Eliminate 3 filled positions ($239,542) and 5 vacant positions ($325,346) and reduce general operating expenses ($524,766).
Reduce funding for the seed capital fund.
Amount appropriated in this Act

($119,059) $54,172
($61,719) ($1,089,654)

($119,059) $54,172
($61,719) ($1,089,654)

$0 $16,786,796

$0 $29,761,796

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

$79,073,095

Federal Funds and Grants

$0

Other Funds

$37,552,919

Agency Funds

$15,552,919

Research Funds

$22,000,000

State Funds

$41,520,176

State General Funds

$41,520,176

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 (HB990)

$45,245,958

$82,798,877

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$409,648

$409,648

Reduce funds to reflect the revised revenue estimate.

($419,396)

($419,396)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$234,958

$234,958

Reduce employer match for health insurance from 75% to 70%.

($306,415)

($306,415)

THURSDAY, MARCH 19, 2009

3377

Eliminate support and research staff vacancies, and reduce operating and M&O expenses.
Eliminate support and research staff vacancies, and reduce operating and M&O expenses.
Eliminate support and research staff vacancies, and reduce operating and M&O expenses.
Amount appropriated in this Act

($1,275,602)

($1,275,602)

($728,915)

($728,915)

($1,640,060)

($1,640,060)

$41,520,176

$79,073,095

39.3. Athens/Tifton Vet 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

$4,944,522

Other Funds

$4,944,522

Research Funds

$4,944,522

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$32,323

$4,976,845

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$32,323

$32,323

Transfer the FY 2009 salary increase from the Athens/Tifton Veterinary Laboratories to the contract within the Georgia Department of Agriculture.

($64,646)

($64,646)

Amount appropriated in this Act

$0

$4,944,522

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

$59,865,569

Federal Funds and Grants

$0

3378

JOURNAL OF THE HOUSE

Other Funds

$25,083,929

Agency Funds

$12,083,929

Research Funds

$13,000,000

State Funds

$34,781,640

State General Funds

$34,781,640

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$37,835,396

$62,919,325

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$395,028

$395,028

Reduce funds to reflect the revised revenue estimate.

($351,330)

($351,330)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$219,988

$219,988

Reduce employer match for health insurance from 75% to 70%.

($350,142)

($350,142)

Eliminate 50 vacant positions ($1,754,300), reduce funding to fill remaining critical positions at minimum salary level ($351,000), reduce general operating expenses ($197,000), and reduce funding for maintenance and operations ($300,000).

($2,602,300)

($2,602,300)

Eliminate funding for the Formosan Termite Project.

($165,000)

($165,000)

Eliminate funding for the Vidalia Onion Research Project.

($200,000)

($200,000)

Amount appropriated in this Act

$34,781,640

$59,865,569

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

$1,043,589

Federal Funds and Grants

$0

THURSDAY, MARCH 19, 2009

3379

Other Funds

$400,000

Research Funds

$375,988

Other Funds - Not Specifically Identified

$24,012

State Funds

$643,589

State General Funds

$643,589

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 (HB990)

$715,890

$1,115,890

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$8,224

$8,224

Reduce funds to reflect the revised revenue estimate.

($6,501)

($6,501)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$4,478

$4,478

Reduce employer match for health insurance from 75% to 70%.

($6,091)

($6,091)

Eliminate 1 vacant position ($59,189) and reduce general operating expenses ($13,222).

($72,411)

($72,411)

Amount appropriated in this Act

$643,589

$1,043,589

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

$7,082,107

Federal Funds and Grants

$0

Other Funds

$3,950,426

Research Funds

$3,000,000

Other Funds - Not Specifically Identified

$950,426

State Funds

$3,131,681

State General Funds

$3,131,681

Intra-State Government Transfers

$0

3380

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 (HB990)

$3,410,980

$7,361,406

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$39,525

$39,525

Reduce funds to reflect the revised revenue estimate.

($31,633)

($31,633)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$21,763

$21,763

Reduce employer match for health insurance from 75% to 70%.

($25,738)

($25,738)

Eliminate 3 vacant positions ($159,696) and reduce general operating expenses ($123,520).

($283,216)

($283,216)

Amount appropriated in this Act

$3,131,681

$7,082,107

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

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,500,000

$1,500,000

Eliminate funding for the Georgia Eminent Scholars Endowment Trust Fund.

($1,500,000)

($1,500,000)

Amount appropriated in this Act

$0

$0

39.8. Georgia Radiation Therapy Center Purpose: Provide patient care and education.

THURSDAY, MARCH 19, 2009

3381

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

$155,895,062

Federal Funds and Grants

$0

Other Funds

$148,917,958

Research Funds

$148,917,958

State Funds

$6,977,104

State General Funds

$6,977,104

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$8,052,902 $156,970,860

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$91,425

$91,425

Reduce funds to reflect the revised revenue estimate.

($70,476)

($70,476)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$32,169

$32,169

Reduce employer match for health insurance from 75% to 70%.

($336,356)

($336,356)

Represents reduction in program research and development activities affecting staffing and operating levels.

($499,746)

($499,746)

Eliminate start-up funds for the worker safety technology program.

($141,014)

($141,014)

Represents reduction in program research and development activities affecting staffing and operating levels.

($151,800)

($151,800)

Amount appropriated in this Act

$6,977,104 $155,895,062

3382

JOURNAL OF THE HOUSE

39.10. Marine Institute

Purpose: Understand the processes that affect the condition of the salt marsh and coastline.

Total Funds

$1,377,916

Federal Funds and Grants

$0

Other Funds

$486,281

Agency Funds

$67,633

Research Funds

$418,648

State Funds

$891,635

State General Funds

$891,635

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 (HB990)

$994,601

$1,429,882

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$8,708

$8,708

Reduce funds to reflect the revised revenue estimate.

($9,006)

($9,006)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$4,271

$4,271

Reduce employer match for health insurance from 75% to 70%.

($6,608)

($6,608)

Eliminate 5 vacant positions ($43,831), reduce general operating expenses ($5,500), and realize savings from an increase in facility fees ($51,000).

($100,331)

($100,331)

Increase facility fees (Other Funds: $51,000).

$0

$51,000

Amount appropriated in this Act

$891,635

$1,377,916

39.11. Marine Extension Services

Purpose: Transfer technology, provide training, and conduct applied research.

Total Funds

$2,810,773

Federal Funds and Grants

$0

Other Funds

$1,345,529

THURSDAY, MARCH 19, 2009

3383

Agency Funds

$745,529

Research Funds

$600,000

State Funds

$1,465,244

State General Funds

$1,465,244

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,628,349

$2,973,878

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$16,316

$16,316

Reduce funds to reflect the revised revenue estimate.

($14,800)

($14,800)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$9,110

$9,110

Reduce employer match for health insurance from 75% to 70%.

($9,496)

($9,496)

Eliminate 2 filled positions ($98,680) and reduce general operating expenses ($65,555).

($164,235)

($164,235)

Amount appropriated in this Act

$1,465,244

$2,810,773

39.12. Medical College of Georgia Hospital and Clinics

Purpose: Care, teach, and refer clients.

Total Funds

$34,265,312

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$34,265,312

State General Funds

$34,265,312

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$33,921,721

$33,921,721

3384

JOURNAL OF THE HOUSE

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.
Amount appropriated in this Act

$343,591

$343,591

$34,265,312

$34,265,312

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

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$906,390

$906,390

Transfer funding for the Office of Minority Business Enterprises to the Small Business Development Center Public Service Institute.

($906,390)

($906,390)

Amount appropriated in this Act

$0

$0

39.14. Public Libraries

Purpose: Provide library services for Georgians and to award grants from the Public Library Fund.

Total Funds

$43,032,895

Federal Funds and Grants

$0

Other Funds

$4,522,400

Agency Funds

$4,522,400

State Funds

$38,510,495

State General Funds

$38,510,495

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 (HB990)

$41,748,655

$46,271,055

THURSDAY, MARCH 19, 2009

3385

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.
Reduce employer match for health insurance from 75% to 70%.
Reduce program operations ($667,242) and the public library state grant ($2,693,380).
Reduce program operations ($667,242) and the public library state grant ($2,693,380).
Add funds to the New Directions formula based on an increase in state population.
Reduce program operations ($667,242) and the public library state grant ($2,693,380).
Amount appropriated in this Act

$259,116

$259,116

($7,548)

($7,548)

($389,071) $21,683 ($7,291)
($350,000) ($317,242)
$245,573 ($2,693,380) $38,510,495

($389,071) $21,683 ($7,291)
($350,000) ($317,242)
$245,573 ($2,693,380) $43,032,895

39.15. Public Service/Special Funding Initiatives

Purpose: Provide leadership, service, and education.

Total Funds

$45,192,949

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$45,192,949

Tobacco Funds

$5,000,000

State General Funds

$40,192,949

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3386

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.
Reduce funds to reflect the revised revenue estimate.
Reduce personal services ($3,738,469) and general operating expenses ($2,061,037), and eliminate all operating funds for the Leadership Institute ($1,228,726).
Eliminate the Enhancing Access initiative.
Eliminate funding for the Georgia College and State University Liberal Arts Mission.
Remove one-time funding from the Medical College of Georgia Mission Related Special Funding Initiative.
Eliminate funding for the North Georgia College and State University Leadership Initiative.
Reduce funding for the Washington Center for Internships ($45,000), Oxford Study Abroad Program ($75,000), ICAPP health to collect data on nursing educators ($27,430), and one-time funding for the data mart ($300,000).
Provide funding for library books needed for accreditation ($1,000,000) and for 10 additional faculty to accommodate growing enrollment ($1,000,000).
Amount appropriated in this Act

State Funds $52,665,927
$357,680

Total Funds $52,665,927
$357,680

($335,282) ($7,028,232)

($335,282) ($7,028,232)

($182,360) ($1,237,275)
$0

($182,360) ($1,237,275)
$0

($600,079)

($600,079)

($447,430)

($447,430)

$2,000,000

$2,000,000

$45,192,949

$45,192,949

39.16. Regents Central Office

Purpose: Provide administrative support to all colleges and universities in the university system.

Total Funds

$4,959,980

Federal Funds and Grants

$0

THURSDAY, MARCH 19, 2009

3387

Other Funds

$0

State Funds

$4,959,980

State General Funds

$4,959,980

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 (HB990)

$7,981,264

$7,981,264

Defer state employees' salary increases.

($74,640)

($74,640)

Reduce funds to reflect the revised revenue estimate.

($71,313)

($71,313)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$44,057

$44,057

Reduce employer match for health insurance from 75% to 70%.

($21,262)

($21,262)

Reduce the number of slots for students studying optometry and begin a four-year phase out of slots for students studying osteopathic medicine in payments to the Southern Regional Education Board (SREB).

($123,235)

($123,235)

Reduce personal services ($337,446) and general operating expenses ($337,445).

($674,891)

($674,891)

Reflect savings from HB 700.

($2,100,000)

($2,100,000)

Amount appropriated in this Act

$4,959,980

$4,959,980

39.17. Research Consortium

Purpose: Conduct research to further industry in the State of Georgia.

Total Funds

$24,510,207

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$24,510,207

Tobacco Funds

$750,000

State General Funds

$23,760,207

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3388

JOURNAL OF THE HOUSE

Amount from prior Appropriation Act (HB990)
Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.
Reduce funds to reflect the revised revenue estimate.
Reduce personal services ($158,309) and general operating expenses ($3,301,983).
Eliminate funding for the Bio-Refinery.
Eliminate funding for the Georgia Environmental Partnership.
Reduce funding for the Georgia Research Alliance program.
Eliminate funding for the Traditional Industries Program.
Provide funding for the Food Processing/Research initiative of the Traditional Industries Program.
Amount appropriated in this Act

State Funds $32,183,995
$175,171

Total Funds $32,183,995
$175,171

($222,123) ($3,190,292)
($400,000) ($711,620) ($1,710,413) ($3,114,511) $1,500,000

($222,123) ($3,190,292)
($400,000) ($711,620) ($1,710,413) ($3,114,511) $1,500,000

$24,510,207

$24,510,207

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

$6,208,946

Federal Funds and Grants

$0

Other Funds

$4,645,000

Agency Funds

$1,145,000

Research Funds

$3,500,000

State Funds

$1,563,946

State General Funds

$1,563,946

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3389

Amount from prior Appropriation Act (HB990)
Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.
Reduce funds to reflect the revised revenue estimate.
Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.
Reduce employer match for health insurance from 75% to 70%.
Eliminate 1 filled position ($72,500) and 1 vacant position ($46,324), reduce new and replacement research equipment purchases ($35,428), and cap the match for the indemnity health insurance plan at the rate of the PPO plan ($22,888).
Amount appropriated in this Act

State Funds $1,756,972
$14,423

Total Funds $6,401,972
$14,423

($15,797) $9,543
($24,055) ($177,140)

($15,797) $9,543
($24,055) ($177,140)

$1,563,946

$6,208,946

39.19. Student Education Enrichment Program

Purpose: Provide underrepresented Georgia residents the opportunity to acquire educational experiences.

Total Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$322,377

$322,377

Eliminate funding for the Student Education Enrichment Program.

($322,377)

($322,377)

Amount appropriated in this Act

$0

$0

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.

3390

JOURNAL OF THE HOUSE

Total Funds

$4,761,235,996

American Recovery and Reinvestment Act

$92,617,896

Federal Funds and Grants

$92,617,896

Other Funds

$2,875,057,996

Agency Funds

$1,557,935,876

Research Funds

$1,317,122,120

State Funds

$1,793,560,104

State General Funds

$1,793,560,104

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,970,307,554 $4,845,365,550

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$22,046,660

$22,046,660

Reduce funds to reflect the revised revenue estimate.

($19,529,330) ($19,529,330)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$5,016,655

$5,016,655

Reduce personal services ($17,446) and general operating expenses ($1,397,897) in the Public Service Institutes.

($1,415,343)

($1,415,343)

Reduce personal services and operating expenses in the Resident Instruction program.

($199,756,809) ($199,756,809)

Provide funding for enrollment growth based on a 4% increase in semester credit hours ($79,372,501), maintenance and operations based on an increase in square footage ($9,562,873), retiree funding ($5,768,742), and health insurance ($14,978,876).

$108,682,992 $108,682,992

Provide funding to the Medical College of Georgia for faculty and operating expenses to expand the medical school capacity.

$7,751,276

$7,751,276

Implement an admissions fee to the Bamboo Farm (Other Funds: $180,000).

($180,000)

($180,000)

THURSDAY, MARCH 19, 2009

3391

Reduce funding for the Strengthening Georgia's Families and Communities Initiative at UGA ($250,000), the UGA School of Ecology ($50,000), the South Georgia Regional Education Consortium ($25,000), GTREP ($1,000,000), the Georgia Aviation College Transfer Initiative ($3,691,765), one-time funding for PRISM ($600,000), one-time funding for a Lottery Study ($250,000), and Kennesaw State University Disadvantaged Youth Program ($200,000).
Reduce funding for GTREP Tidal Power Study ($20,000), Braille College Text Materials ($300,000), Cyber Crime and Homeland Security Facility at Armstrong Atlantic ($63,900), Collegiate Sports Program for Students with Disabilities ($773,080), Darton College-Cordele Roof Repair ($75,000), Georgia Southern IT Program ($1,828,418), UGA-Aquarium ($780,000), CHARA-Array ($220,000), Georgia State University Salary Survey ($28,300), and UGA Griffin Campus-Infrastructure ($800,000).
Transfer funding for the Office of Minority Business Enterprises to the Small Business Development Center Public Service Institute in the Teaching program.
Replace state funds with fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009.
Amount appropriated in this Act

($6,066,765)

($6,066,765)

($1,585,280)

($1,585,280)

$906,390

$906,390

($92,617,896)

$0

$1,793,560,104 $4,761,235,996

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

$3,155,597

Federal Funds and Grants

$0

Other Funds

$0

3392

JOURNAL OF THE HOUSE

State Funds

$3,155,597

State General Funds

$3,155,597

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,504,264

$3,504,264

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.

$32,149

$32,149

Reduce funds to reflect the revised revenue estimate.

($31,875)

($31,875)

Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$17,213

$17,213

Reduce employer match for health insurance from 75% to 70%.

($24,218)

($24,218)

Eliminate 2 graduate student positions and 2 part-time research support positions along with reducing operating expense.

($98,844)

($98,844)

Eliminate 2 graduate student positions and 2 part-time research support positions along with reducing operating expense.

($243,092)

($243,092)

Amount appropriated in this Act

$3,155,597

$3,155,597

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

$10,103,045

Federal Funds and Grants

$0

Other Funds

$9,621,951

Agency Funds

$9,621,951

State Funds

$481,094

State General Funds

$481,094

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3393

Amount from prior Appropriation Act (HB990)
Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.
Reduce funds to reflect the revised revenue estimate.
Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.
Reduce employer match for health insurance from 75% to 70%.
Eliminate 2 vacant positions.
Amount appropriated in this Act

State Funds $568,339
$3,656

Total Funds $10,190,290
$3,656

($4,860) $2,210
($31,051) ($57,200) $481,094

($4,860) $2,210
($31,051) ($57,200) $10,103,045

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

$11,659,466

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$11,659,466

Tobacco Funds

$11,509,466

State General Funds

$150,000

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 (HB990)

$16,087,799

$16,087,799

Reduce funds for coalition operations.

($145,000)

($145,000)

Reduce funds for Regional Cancer Coalition operating expenses.

$0

$0

3394

JOURNAL OF THE HOUSE

Eliminate funds for the Quality Information Exchange.
Amount appropriated in this Act

($4,283,333) $11,659,466

($4,283,333) $11,659,466

39.24. Payments to Georgia Military College

Purpose: Provide quality basic education funding for grades six through 12.

Total Funds

$2,720,430

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$2,720,430

State General Funds

$2,720,430

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,062,916

$3,062,916

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($8,628)

($8,628)

Reduce funds to reflect the revised revenue estimate.

($27,566)

($27,566)

Reduce personal services for the Prep School ($204,308) and the Junior College ($101,984).

($306,292)

($306,292)

Amount appropriated in this Act

$2,720,430

$2,720,430

39.25. 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

$16,123,875

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$16,123,875

THURSDAY, MARCH 19, 2009

3395

State General Funds

$16,123,875

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 (HB990)

$18,191,543

$18,191,543

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$105,041

$105,041

Defer state employees' salary increases.

($102,859)

($102,859)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($275,082)

($275,082)

Reduce funds to reflect the revised revenue estimate.

($162,631)

($162,631)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($2,340)

($2,340)

Reduce personal services and operating expenses.

($1,629,797)

($1,629,797)

Amount appropriated in this Act

$16,123,875

$16,123,875

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

$126,719,344 $397,422 $397,422
$21,817,779 $10,000,000 $11,817,779

3396

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State Funds Tobacco Funds State General Funds
Intra-State Government Transfers

$104,504,143 $150,000
$104,354,143 $0

40.1. Administration

Purpose: 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

$8,562,396

Federal Funds and Grants

$0

Other Funds

$375,000

Other Funds - Not Specifically Identified

$375,000

State Funds

$8,187,396

State General Funds

$8,187,396

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 (HB990)

$4,155,944

$4,530,944

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($45,149)

($45,149)

Defer state employees' salary increases.

($66,022)

($66,022)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($177,785)

($177,785)

Reduce funds to reflect the revised revenue estimate.

($71,321)

($71,321)

THURSDAY, MARCH 19, 2009

3397

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Transfer funds from the Revenue Processing and Tax Compliance programs to properly align funds to implement new service delivery platforms.
Realize operational efficiencies.
Eliminate 1 vacant position.
Amount appropriated in this Act

($16,243) $4,625,143

($16,243) $4,625,143

($123,553) ($93,618) $8,187,396

($123,553) ($93,618) $8,562,396

40.2. Customer Service

Purpose: Assure all state revenue collection activities proceed in a manner consistent with promoting voluntary compliance and the Taxpayer Bill of Rights.

Total Funds

$13,677,665

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$13,677,665

State General Funds

$13,677,665

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$11,464,238

$13,574,373

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($73,908)

($73,908)

Defer state employees' salary increases.

($101,204)

($101,204)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the

($319,723)

($319,723)

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expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate 5 vacant positions.
Realize operational efficiencies.
Redistribute funds to create the Local Government Services program (Total Funds: ($5,058,925)).
Redistribute funds from the Revenue Processing program to implement a new program structure consistent with service delivery platforms.
Amount appropriated in this Act

($119,518)
($332,218) ($296,156) ($2,948,790)

($119,518)
($332,218) ($296,156) ($5,058,925)

$6,404,944

$6,404,944

$13,677,665

$13,677,665

40.3. Homeowners Tax Relief Grants (HTRG)

Purpose: Provide homeowner tax relief grants to counties and local school districts.

Total Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$428,290,501 $428,290,501

Eliminate funds for Homeowners Tax Relief Grants.

($428,290,501) ($428,290,501)

Amount appropriated in this Act

$0

$0

40.4. Industry Regulation

Purpose: Provide regulation of the distribution, sale, and consumption of alcoholic beverages and tobacco products, and ensure all coin-operated amusement machines are properly licensed and decaled.

Total Funds

$3,678,792

Federal Funds and Grants

$187,422

Federal Funds Not Specifically Identified

$187,422

Other Funds

$0

State Funds

$3,491,370

Tobacco Funds

$150,000

THURSDAY, MARCH 19, 2009

3399

State General Funds

$3,341,370

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,969,234

$5,156,656

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($181,815)

($181,815)

Defer state employees' salary increases.

($30,573)

($30,573)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($85,055)

($85,055)

Reduce funds to reflect the revised revenue estimate.

($28,433)

($28,433)

Reduce funds for motor vehicle purchases.

($112,141)

($112,141)

Realize operational efficiencies ($22,007) and remove funds for motor vehicle purchases ($64,110).

($86,117)

($86,117)

Transfer funds to create the Technology Support Services program to implement new program structure consistent with service delivery platforms.

($806,135)

($806,135)

Reduce personal services by eliminating 36 vacant positions and 6 filled positions.

($147,595)

($147,595)

Amount appropriated in this Act

$3,491,370

$3,678,792

40.5. Litigation and Investigations Purpose: Investigates and prosecutes tax fraud and other illegal activities related to the

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tax process.

Total Funds

$1,447,781

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,447,781

State General Funds

$1,447,781

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$0

Defer state employees' salary increases.

($11,104)

($11,104)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($41,634)

($41,634)

Reduce funds to reflect the revised revenue estimate.

($12,466)

($12,466)

Realize operational efficiencies.

($4,428)

($4,428)

Redistribute funds to create the Litigation and Investigation program.

$1,517,413

$1,517,413

Amount appropriated in this Act

$1,447,781

$1,447,781

40.6. Local Government Services

Purpose: Assists local tax official with the administration of State tax laws and administers the Unclaimed Property function for the State of Georgia.

Total Funds

$4,472,463

Federal Funds and Grants

$0

Other Funds

$2,110,135

THURSDAY, MARCH 19, 2009

3401

Other Funds - Not Specifically Identified

$2,110,135

State Funds

$2,362,328

State General Funds

$2,362,328

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$0

Defer state employees' salary increases.

($28,764)

($28,764)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($64,920)

($64,920)

Reduce funds to reflect the revised revenue estimate.

($22,165)

($22,165)

Realize operational efficiencies.

($106,629)

($106,629)

Redistribute funds from the Customer Service program to create the Local Government Services program (Total Funds: $5,058,925).

$2,948,790

$5,058,925

Reduce personal services.

($363,984)

($363,984)

Amount appropriated in this Act

$2,362,328

$4,472,463

40.7. Local Tax Officials Retirement and FICA

Purpose: Provide state retirement benefits and employers' share of FICA to local tax officials and their staffs.

Total Funds

$1,200,000

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,200,000

3402

JOURNAL OF THE HOUSE

State General Funds

$1,200,000

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 (HB990)

$5,149,163

$5,149,163

Provide retirement funding only for those local tax commissioners and their employees whose counties do not offer a local retirement benefit plan.

($3,949,163)

($3,949,163)

Amount appropriated in this Act

$1,200,000

$1,200,000

40.8. Motor Vehicle Registration and Titling

Purpose: Establishes motor vehicle ownership by maintaining title and registration records and inspection of rebuilt vehicles for road-worthiness for new title issuance.

Total Funds

$13,534,104

Federal Funds and Grants

$0

Other Funds

$3,695,700

Other Funds - Not Specifically Identified

$3,695,700

State Funds

$9,838,404

State General Funds

$9,838,404

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$0

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($1,914,816)

($1,914,816)

Defer state employees' salary increases.

($99,910)

($99,910)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from

($264,447)

($264,447)

THURSDAY, MARCH 19, 2009

3403

22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate 8 vacant positions and 4 filled positions.
Realize operational efficiencies.
Redistribute funds to create the Motor Vehicle Registration and Titling program (Total Funds: $19,699,040).
Redistribute funds from the Salvage Inspection program to reflect this program as a function of the Motor Vehicle and Titling program.
Reduce personal services and regular operating expenses in the Salvage Inspection sub-program by privatizing motor vehicle inspections.
Realize operational efficiencies by relying on one statutorily required notice to inform vehicle owners who are out of compliance with insurance requirements.
Eliminate funding for 17 hourly and 14 temporary positions.
Defer non-mandated supply purchases and services for counties associated with tag and title processing.
Amount appropriated in this Act

($86,882)
($672,000)
($58,031) $14,299,207

($86,882)
($672,000)
($58,031) $17,994,907

$1,704,133

$1,704,133

($693,850)

($693,850)

($486,000)

($486,000)

($850,000) ($1,039,000)

($850,000) ($1,039,000)

$9,838,404

$13,534,104

40.9. Revenue Processing

Purpose: Ensure all tax payments are received, credited, and deposited according to sound business practices and the law, and ensure all tax returns are reviewed and recorded to accurately update taxpayer information.

Total Funds

$12,641,427

Federal Funds and Grants

$0

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JOURNAL OF THE HOUSE

Other Funds

$0

State Funds

$12,641,427

State General Funds

$12,641,427

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 (HB990)

$42,190,866

$42,617,635

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($2,187,946)

($2,187,946)

Defer state employees' salary increases.

($76,895)

($76,895)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($289,803)

($289,803)

Redistribute funds to create the Litigation and Investigation program.

($1,517,413)

($1,517,413)

Reduce personal services by eliminating 36 vacant positions and 6 filled positions.

($286,747)

($286,747)

Realize operational efficiencies.

($54,107)

($54,107)

Reduce temporary labor force and associated operating costs as a result of eliminating two shifts.

($2,400,000)

($2,400,000)

Transfer funds to create the Technology Support Services program to implement new program structure consistent with service delivery platforms.

($10,794,749) ($10,794,749)

Redistribute funds to the Administration program to implement new program structure

($3,992,567)

($3,992,567)

THURSDAY, MARCH 19, 2009

3405

consistent with service delivery platforms.
Redistribute funds to create the Tax Law and Policy program.
Redistribute funds to the Customer Service program to implement new program structure changes.
Eliminate Universal Service Funds from Revenue Processing.
Reduce funds for travel and motor vehicle purchases.
Amount appropriated in this Act

($1,419,419) ($6,404,944)

($1,419,419) ($6,404,944)

$0 ($124,849) $12,641,427

($426,769) ($124,849) $12,641,427

40.10. Salvage Inspection

Purpose: Inspect rebuilt salvage vehicles.

Total Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,704,133

$1,704,133

Redistribute funds from the Salvage Inspection program to reflect this program as a function of the Motor Vehicle and Titling program.

($1,704,133)

($1,704,133)

Amount appropriated in this Act

$0

$0

40.11. State Board of Equalization

Purpose: Examine the proposed assessments of each class of taxpayers or property and the digest of proposed assessments as a whole to determine that they are reasonably apportioned among the several tax jurisdictions, and reasonably uniform with the values set on other classes of property throughout the state.

Total Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

3406

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Amount from prior Appropriation Act (HB990)
Redistribute funds from the State Board of Equalization program to reflect this program as a function of the Tax Law and Policy program.
Amount appropriated in this Act

State Funds $5,000
($5,000)

Total Funds $5,000
($5,000)

$0

$0

40.12. Tag and Title Registration

Purpose: Establish motor vehicle ownership.

Total Funds

$0

Other Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$23,449,239

$27,144,939

Redistribute funds to create the Motor Vehicle Registration and Titling program (Total Funds: ($16,656,021)).

($16,003,340) ($16,656,021)

Transfer funds to create the Technology Support Services program to implement new program structure consistent with service delivery platforms (Total Funds: ($10,488,918)).

($7,445,899) ($10,488,918)

Amount appropriated in this Act

$0

$0

40.13. Tax Compliance

Purpose: Ensure all taxpayers pay the correct amount of taxes owed under the law.

Total Funds

$43,159,411

Federal Funds and Grants

$210,000

Federal Funds Not Specifically Identified

$210,000

Other Funds

$15,636,944

Agency Funds

$10,000,000

Other Funds - Not Specifically Identified

$5,636,944

State Funds

$27,312,467

THURSDAY, MARCH 19, 2009

3407

State General Funds

$27,312,467

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$36,119,723

$51,966,667

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($34,447)

($34,447)

Defer state employees' salary increases.

($277,341)

($277,341)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($658,969)

($658,969)

Eliminate 5 vacant positions and 2 filled positions.

($452,500)

($452,500)

Realize operational efficiencies.

($79,140)

($79,140)

Transfer funds to create the Technology Support Services program to implement new program structure consistent with service delivery platforms.

($5,318,845)

($5,318,845)

Redistribute funds from the Revenue Processing program and the Tax Compliance program to the Administration program to align administrative functions.

($632,576)

($632,576)

Reduce out-of-state travel expenses for auditors.

($299,680)

($299,680)

Delete one-time funds for the Data Warehouse.

($553,758)

($553,758)

Reduce funds for contracts.

($500,000)

($500,000)

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JOURNAL OF THE HOUSE

Amount appropriated in this Act

$27,312,467

$43,159,411

40.14. Tax Law and Policy

Purpose: Provides accurate information with regard to current and proposed tax laws and policies.

Total Funds

$305,000

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$305,000

State General Funds

$305,000

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 (HB990)

$0

$0

Defer state employees' salary increases.

($11,104)

($11,104)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($40,258)

($40,258)

Reduce funds to reflect the revised revenue estimate.

($11,698)

($11,698)

Reduce the amount of supplies and materials used agency-wide including funding for motor vehicle purchases.

($2,949)

($2,949)

Redistribute funds from the Revenue Processing program and State Board of Equalization program to create the Tax Law and Policy program.

$371,009

$371,009

Amount appropriated in this Act

$305,000

$305,000

THURSDAY, MARCH 19, 2009

3409

40.15. Technology Support Services

Purpose: Provides electronic tax filing and on-line payments services to Georgia taxpayers.

Total Funds

$24,040,305

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$24,040,305

State General Funds

$24,040,305

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 (HB990)

$0

$0

Defer state employees' salary increases.

($161,293)

($161,293)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($406,088)

($406,088)

Reduce funds to reflect the revised revenue estimate.

($210,991)

($210,991)

Realize operational efficiencies.

($21,285)

($21,285)

Transfer funds from the Tax Compliance, Revenue Processing, Industry Regulation, and Motor Vehicle Programs to create the new Technology Support Services program.

$26,069,761

$26,069,761

Reduce contractual services for internal information technology projects based on actual expenditures.

($900,000)

($900,000)

Eliminate 6 vacant positions.

($329,799)

($329,799)

Amount appropriated in this Act

$24,040,305

$24,040,305

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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

$34,501,337 $0
$1,939,894 $435,771
$1,504,123 $32,561,443 $32,561,443
$0

41.1. Administration Services

Purpose: Provide administrative support to the Office of Secretary of State and its attached agencies.

Total Funds

$7,116,814

Federal Funds and Grants

$0

Other Funds

$127,578

Other Funds - Not Specifically Identified

$127,578

State Funds

$6,989,236

State General Funds

$6,989,236

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 (HB990)

$8,452,027

$8,579,605

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($58,728)

($58,728)

Defer state employees' salary increases.

($88,686)

($88,686)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment

($227,908)

($227,908)

THURSDAY, MARCH 19, 2009

3411

Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce personal services ($301,156), eliminate 1 position in the Administration subprogram ($488,435), and reduce funding for temporary positions ($13,346).
Reduce funding for the Martin Luther King, Jr. holiday celebration based on prior year expenditures.
Reduce funds for operating expenses in accordance with the state-wide reductions to travel, printing and purchases.
Amount appropriated in this Act

($83,244) ($10,475)
($802,937)

($83,244) ($10,475)
($802,937)

($5,000) ($185,813) $6,989,236

($5,000) ($185,813) $7,116,814

41.2. Archives

Purpose: Assist state agencies in adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center.

Total Funds

$5,776,792

Federal Funds and Grants

$0

Other Funds

$532,671

Records Center Storage Fee

$435,771

Other Funds - Not Specifically Identified

$96,900

State Funds

$5,244,121

State General Funds

$5,244,121

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 (HB990)

$6,363,415

$6,896,086

3412

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce program-wide operating expenses based on streamlined service delivery.
Eliminate 19 positions to reflect reorganization.
Redistribute funding and 3 positions from the Capitol Tours program to reflect program structure changes.
Amount appropriated in this Act

($33,427)
($40,420) $0

($33,427)
($40,420) $0

($101,158)

($101,158)

($67,561) ($316,409) ($560,319)
$0
$5,244,121

($67,561) ($316,409) ($560,319)
$0
$5,776,792

41.3. Capitol Tours

Purpose: Provide guided informational tours of the Capitol.

Total Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$168,558

$168,558

Redistribute funding and 3 positions to the Archives program to reflect program structure changes.

($168,558)

($168,558)

THURSDAY, MARCH 19, 2009

3413

Amount appropriated in this Act

$0

$0

41.4. Corporations

Purpose: Accept and review findings made pursuant to statutes; issue certifications of records on file; and, provide information to the public on all filed entities.

Total Funds

$1,966,581

Federal Funds and Grants

$0

Other Funds

$739,512

Other Funds - Not Specifically Identified

$739,512

State Funds

$1,227,069

State General Funds

$1,227,069

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,339,523

$2,079,035

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($22,757)

($22,757)

Defer state employees' salary increases.

($19,261)

($19,261)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($48,077)

($48,077)

Reduce funds to reflect the revised revenue estimate.

($22,359)

($22,359)

Amount appropriated in this Act

$1,227,069

$1,966,581

41.5. Elections

3414

JOURNAL OF THE HOUSE

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

$4,958,682

Federal Funds and Grants

$0

Other Funds

$340,133

Other Funds - Not Specifically Identified

$340,133

State Funds

$4,618,549

State General Funds

$4,618,549

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 (HB990)

$6,029,562

$6,369,695

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($306,852)

($306,852)

Defer state employees' salary increases.

($20,845)

($20,845)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($52,173)

($52,173)

Realize savings from utilizing existing supply of voter registration applications ($20,600), outsourcing the printing of precinct cards ($33,140), and publication of the Official Directory of Elected Officials online ($25,000).

($78,740)

($78,740)

THURSDAY, MARCH 19, 2009

3415

Delete one-time funding for voter ID education ($500,000) and one-time funding for an online training program for local election officials ($20,000).
Realize savings from the consolidation of mail routes.
Reduce the contract with Kennesaw State University for election machine testing and certification.
Delete one-time funding for voting machine technicians.
Amount appropriated in this Act

($520,000)

($520,000)

($3,000) ($29,403)
($400,000) $4,618,549

($3,000) ($29,403)
($400,000) $4,958,682

41.6. Professional Licensing Boards

Purpose: Protect the public health and welfare by supporting all operations of Boards which license professions.

Total Funds

$7,547,810

Federal Funds and Grants

$0

Other Funds

$150,000

Other Funds - Not Specifically Identified

$150,000

State Funds

$7,397,810

State General Funds

$7,397,810

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 (HB990)

$8,755,732

$8,905,732

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($58,728)

($58,728)

Defer state employees' salary increases.

($74,484)

($74,484)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from

($186,537)

($186,537)

3416

JOURNAL OF THE HOUSE

22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate 18 filled positions to reflect realignment strategy.
Reduce operating expenses related to per diem and fees for exam proctors ($107,141) and contractual services as related to direct exam expenses ($31,000).
Amount appropriated in this Act

($85,814) ($814,218) ($138,141)

($85,814) ($814,218) ($138,141)

$7,397,810

$7,547,810

41.7. Securities

Purpose: Provide for registration, compliance, and enforcement of the provisions of the

Georgia Codes, and provide information to the public regarding subjects of such codes.

Total Funds

$1,602,842

Federal Funds and Grants

$0

Other Funds

$50,000

Other Funds - Not Specifically Identified

$50,000

State Funds

$1,552,842

State General Funds

$1,552,842

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 (HB990)

$1,862,983

$1,912,983

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($7,608)

($7,608)

Defer state employees' salary increases.

($22,507)

($22,507)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

THURSDAY, MARCH 19, 2009

3417

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce personal services funding.
Amount appropriated in this Act

($56,327)

($56,327)

($18,236)
($205,463) $1,552,842

($18,236)
($205,463) $1,602,842

The following appropriations are for agencies attached for administrative purposes.

41.8. Georgia Commission on the Holocaust

Purpose: Teach the lessons of the Holocaust to present and future generations of Georgians in order to create an awareness of the enormity of the crimes of prejudice and inhumanity.

Total Funds

$313,440

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$313,440

State General Funds

$313,440

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 (HB990)

$364,819

$364,819

Defer state employees' salary increases.

($3,173)

($3,173)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and

($9,561)

($9,561)

3418

JOURNAL OF THE HOUSE

from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce personal services for part-time exhibit coordinators.
Reduce consulting fees for teacher training provided state-wide.
Reduce travel agency-wide.
Amount appropriated in this Act

($3,191) ($20,600) ($6,815)
($8,039) $313,440

($3,191) ($20,600)
($6,815) ($8,039) $313,440

41.9. 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

$1,315,722

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,315,722

State General Funds

$1,315,722

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,713,440

$1,713,440

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

$7,032

$7,032

Defer state employees' salary increases.

($54,627)

($54,627)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

THURSDAY, MARCH 19, 2009

3419

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Defer pay raise for compliance investigators funded in FY 2009.
Defer hiring 2 vacant compliance investigator positions and reduce personal services agency-wide.
Amount appropriated in this Act

($46,711)

($46,711)

($13,307) ($175,000) ($115,105)
$1,315,722

($13,307) ($175,000) ($115,105)
$1,315,722

41.10. 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

$3,152,457

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$3,152,457

State General Funds

$3,152,457

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 (HB990)

$3,671,540

$3,671,540

Defer state employees' salary increases.

($29,332)

($29,332)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from

($68,034)

($68,034)

3420

JOURNAL OF THE HOUSE

22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Eliminate 1 vacant investigator position ($50,000) and 1 vacant investigative support position ($20,000).
Remove funding for the Home Inspectors Licensing Board funded in FY 2009 due to the veto of enabling legislation.
Reduce motor vehicle purchases.
Realize telecommunications savings.
Eliminate the use of printed transcripts for commission meetings, and increase the frequency of teleconference meetings.
Realize operational efficiencies through reduced administration hearings.
Amount appropriated in this Act

($32,645) ($149,426)
($130,000)
($18,000) ($16,646) ($18,000)
($57,000) $3,152,457

($32,645) ($149,426)
($130,000)
($18,000) ($16,646) ($18,000)
($57,000) $3,152,457

41.11. State Ethics Commission

Purpose: Protect the integrity of the democratic process, and ensure compliance by candidates, public officials, non-candidate campaign committees, lobbyists, and vendors with Georgia's Campaign and Financial Disclosure requirements.

Total Funds

$750,197

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$750,197

State General Funds

$750,197

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 (HB990)

$1,782,791

$1,782,791

THURSDAY, MARCH 19, 2009

Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce personal services funding.
Reduce funds provided in FY 2007 to improve filing through automation, and recognize an additional reduction in funds as a result of the savings to the state attained through automation.
Utilize state funds to pay the Georgia Building Authority for past due rent dating back to March 2008 in order to avoid further penalties for delinquency.
Amount appropriated in this Act

($17,719) $0
($46,534)
($15,481) $0
($1,030,501)
$77,641 $750,197

Section 42: Soil and Water Conservation Commission Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds
Agency Funds State Funds
State General Funds Intra-State Government Transfers
Other Intra-State Government Payments

3421 ($17,719)
$0
($46,534)
($15,481) $0
($1,030,501)
$77,641
$750,197
$8,684,122 $1,717,500 $1,717,500 $2,631,971 $2,631,971 $3,115,030 $3,115,030 $1,219,621 $1,219,621

3422

JOURNAL OF THE HOUSE

42.1. Administration

Purpose: Protect, conserve, and improve the soil and water resources of the State of Georgia.

Total Funds

$712,725

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$712,725

State General Funds

$712,725

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$744,561

$744,561

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($1,262)

($1,262)

Defer state employees' salary increases.

($10,768)

($10,768)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($19,444)

($19,444)

Reduce funds to reflect the revised revenue estimate.

$0

$0

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($362)

($362)

Amount appropriated in this Act

$712,725

$712,725

42.2. Conservation of Agricultural Water Supplies

THURSDAY, MARCH 19, 2009

3423

Purpose: Conserve the use of Georgia's ground and surface water by agricultural water users.

Total Funds

$4,124,397

Federal Funds and Grants

$1,465,000

Federal Funds Not Specifically Identified

$1,465,000

Other Funds

$2,351,971

Agency Funds

$2,351,971

State Funds

$307,426

State General Funds

$307,426

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$322,300

$4,139,271

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($559)

($559)

Defer state employees' salary increases.

($6,014)

($6,014)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($8,301)

($8,301)

Reduce funds to reflect the revised revenue estimate.

$0

$0

Amount appropriated in this Act

$307,426

$4,124,397

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.

3424

JOURNAL OF THE HOUSE

Total Funds

$3,290,319

Federal Funds and Grants

$252,500

Federal Funds Not Specifically Identified

$252,500

Other Funds

$280,000

Agency Funds

$280,000

State Funds

$1,538,198

State General Funds

$1,538,198

Intra-State Government Transfers

$1,219,621

Other Intra-State Government Payments

$1,219,621

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,656,609

$3,408,730

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($1,226)

($1,226)

Defer state employees' salary increases.

($43,749)

($43,749)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($41,772)

($41,772)

Reduce funds to reflect the revised revenue estimate.

($31,664)

($31,664)

Amount appropriated in this Act

$1,538,198

$3,290,319

42.4. USDA Flood Control Watershed Structures

Purpose: Provide flood retarding, water quality, recreation, and water supply benefits to Georgia citizens.

Total Funds

$168,167

THURSDAY, MARCH 19, 2009

3425

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$168,167

State General Funds

$168,167

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$98,810

$98,810

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($21)

($21)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($622)

($622)

Redirect funds from the Water Resources & Land Use Planning program to bring high risk dam structures into compliance with Georgia's Safe Dams Act.

$70,000

$70,000

Amount appropriated in this Act

$168,167

$168,167

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

$388,514

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$388,514

State General Funds

$388,514

3426

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 (HB990)

$750,559

$750,559

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($11)

($11)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($124)

($124)

Reduce funds to reflect the revised revenue estimate.

$0

$0

Reduce contract funds.

($271,910)

($271,910)

Reduce funds in personal services.

($20,000)

($20,000)

Redirect funds to the USDA Flood Control Watershed Structures program to bring high risk dam structures into compliance with Georgia's Safe Dams Act.

($70,000)

($70,000)

Amount appropriated in this Act

$388,514

$388,514

Section 43: Student Finance Commission, Georgia Total Funds Federal Funds and Grants
Federal Funds Not Specifically Identified Other Funds State Funds
Lottery Funds State General Funds

$626,584,240 $520,653 $520,653 $0
$626,063,587 $588,386,786
$37,676,801

THURSDAY, MARCH 19, 2009

3427

Intra-State Government Transfers

$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

$4,500,000

State Funds

$4,500,000

Lottery Funds

$4,500,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$4,200,000

$4,200,000

Increase Accel to meet the projected need.

$300,000

$300,000

Amount appropriated in this Act

$4,500,000

$4,500,000

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

State Funds

$710,000

Lottery Funds

$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.

3428

JOURNAL OF THE HOUSE

Total Funds

$0

Other Funds

$0

State Funds

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,629,200

$2,029,200

Eliminate the Governor's Scholarship Program (Other Funds: $400,000).

($1,629,200)

($2,029,200)

Amount appropriated in this Act

$0

$0

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

$3,189,883

State Funds

$3,189,883

State General Funds

$3,189,883

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$3,599,883

$3,599,883

Reduce Guaranteed Educational Loans to meet the projected need.

($410,000)

($410,000)

Amount appropriated in this Act

$3,189,883

$3,189,883

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 spouses and children of such members.

Total Funds

$800,000

Other Funds

$0

State Funds

$800,000

State General Funds

$800,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3429

Amount from prior Appropriation Act (HB990)
Replace other funds with state funds for the HERO Scholarship to meet the projected need.
Remove other funds expensed in FY 2009 ($118,000).
Amount appropriated in this Act

State Funds $200,000
$600,000

Total Funds $918,000
$0

$0 $800,000

($118,000) $800,000

43.7. HOPE Administration

Purpose: None

Total Funds

$5,322,015

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$5,322,015

Lottery Funds

$5,322,015

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$5,488,608

$5,988,608

Defer state employees' salary increases.

($60,332)

($60,332)

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($106,261)

($106,261)

Decrease HOPE Administration (Other Funds: $500,000).

$0

($500,000)

Amount appropriated in this Act

$5,322,015

$5,322,015

43.8. HOPE GED Purpose: Award a $500 voucher once to each student receiving a general educational

3430

JOURNAL OF THE HOUSE

development (GED) diploma awarded by the Technical College System of Georgia.

Total Funds

$2,356,654

State Funds

$2,356,654

Lottery Funds

$2,356,654

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$2,461,614

$2,461,614

Decrease HOPE GED to meet the projected need.

($104,960)

($104,960)

Amount appropriated in this Act

$2,356,654

$2,356,654

43.9. HOPE Grant

Purpose: Provide grants to students seeking a diploma or certificate at a public postsecondary institution.

Total Funds

$130,440,759

State Funds

$130,440,759

Lottery Funds

$130,440,759

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$113,251,243 $113,251,243

Increase the HOPE Grant to meet the projected need.

$17,189,516

$17,189,516

Amount appropriated in this Act

$130,440,759 $130,440,759

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

$42,323,094

State Funds

$42,323,094

Lottery Funds

$42,323,094

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3431

Amount from prior Appropriation Act (HB990)
Decrease HOPE Scholarships- Private Schools to meet the projected need.
Amount appropriated in this Act

State Funds $52,177,437
($9,854,343)
$42,323,094

Total Funds $52,177,437
($9,854,343)
$42,323,094

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

$390,061,730

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$390,061,730

Lottery Funds

$390,061,730

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$354,276,159 $354,276,159

Increase HOPE Scholarships- Public Schools to meet the projected need.

$35,785,571

$35,785,571

Amount appropriated in this Act

$390,061,730 $390,061,730

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

3432

JOURNAL OF THE HOUSE

Georgia.

Total Funds

$1,487,410

Federal Funds and Grants

$520,653

Federal Funds Not Specifically Identified

$520,653

Other Funds

$0

State Funds

$966,757

State General Funds

$966,757

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$766,757

$1,487,410

Replace other funds with state funds for the

$200,000

$0

Leveraging Educational Assistance

Partnership (LEAP) Program to meet the

projected need.

Amount appropriated in this Act

$966,757

$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

$1,502,800

State Funds

$1,502,800

State General Funds

$1,502,800

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$683,951

$683,951

Increase the North Georgia Military Scholarship Grant to meet the projected need.

$818,849

$818,849

Amount appropriated in this Act

$1,502,800

$1,502,800

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.

THURSDAY, MARCH 19, 2009

3433

Total Funds

$652,479

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$652,479

State General Funds

$652,479

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 (HB990)

$507,479

$507,479

Provide additional funding to meet projected need.

$145,000

$145,000

Amount appropriated in this Act

$652,479

$652,479

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

3434

JOURNAL OF THE HOUSE

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

$29,765,194

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$29,765,194

State General Funds

$29,765,194

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$23,311,802

$33,966,295

Reduce funds to reflect the revised revenue estimate.

($46,608)

($46,608)

Remove other funds expensed in FY 2009 ($10,654,493).

$0 ($10,654,493)

Increase the Tuition Equalization Grant award amount from $850 to $1,100.

$6,500,000

$6,500,000

Amount appropriated in this Act

$29,765,194

$29,765,194

The following appropriations are for agencies attached for administrative purposes.

43.20. Nonpublic Post Secondary Education Commission

Purpose: Authorize private postsecondary schools in Georgia; provide transcripts for students who attended schools that closed; resolve complaints.

Total Funds

$748,777

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$748,777

State General Funds

$748,777

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

THURSDAY, MARCH 19, 2009

3435

Amount from prior Appropriation Act (HB990)
Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce operating expenses.
Amount appropriated in this Act

State Funds $803,910
($3,419)

Total Funds $803,910
($3,419)

($8,538) $0

($8,538) $0

($23,176)

($23,176)

($20,000) $748,777

($20,000) $748,777

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

$27,481,187 $389,341 $389,341
$1,129,000 $1,129,000 $25,962,846 $25,962,846

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.74% for State Fiscal Year 2010.

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.

3436

JOURNAL OF THE HOUSE

Total Funds

$1,129,000

State Funds

$1,129,000

State General Funds

$1,129,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,523,000

$1,523,000

Remove state funds required by HB 815 from the Local/Floor COLA program and add to the System Administration program.

($121,000)

($121,000)

Reduce funds for the Floor Fund ($2,000) and COLA Fund ($271,000) due to the declining population of retired teachers who qualify for this benefit.

($273,000)

($273,000)

Amount appropriated in this Act

$1,129,000

$1,129,000

44.2. System Administration

Purpose: To provide all services to active members, including: service purchases, refunds, retirement counseling, and new retirement processing.

Total Funds

$26,352,187

Other Funds

$389,341

Other Funds - Not Specifically Identified

$389,341

Intra-State Government Transfers

$25,962,846

Retirement Payments

$25,962,846

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$0

$26,685,277

Defer state employees' salary increases.

$0

$0

Reduce funding based on actual expenditures (Other Funds: $180,140).

$0

$0

Increase funds in the System Administration program required by HB 815 (Other Funds: $121,000).

$0

$121,000

Reduce funding based on actual expenditures (Other Funds: $180,140).

$0

($180,140)

THURSDAY, MARCH 19, 2009

3437

Reduce state employee's salary increase from the base budget (Other Funds: $273,950)
Amount appropriated in this Act

$0

($273,950)

$0

$26,352,187

Section 45: Technical College System of Georgia Total Funds
American Recovery and Reinvestment Act 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

$589,183,875 $15,406,239 $75,906,239 $60,500,000
$190,640,000 $190,600,000
$40,000 $321,662,636 $321,662,636
$975,000 $975,000

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

$13,843,356

Federal Funds and Grants

$3,800,000

Federal Funds Not Specifically Identified

$3,800,000

Other Funds

$1,440,000

Agency Funds

$1,400,000

Other Funds - Not Specifically Identified

$40,000

State Funds

$8,603,356

State General Funds

$8,603,356

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$10,213,558

$15,453,558

3438

JOURNAL OF THE HOUSE

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Reduce operating expenses.
Reduce personal services.
Amount appropriated in this Act

$0

$0

($242,163)

($242,163)

($87,238) ($32,390)

($87,238) ($32,390)

($220,976) ($1,027,435)
$8,603,356

($220,976) ($1,027,435) $13,843,356

45.2. Adult Literacy

Purpose: Enable every adult learner in Georgia to acquire the necessary basic skillsreading, writing, computation, speaking, and listening - to compete successfully in today's workplace, strengthen family foundations, and exercise full citizenship.

Total Funds

$32,954,700

Federal Funds and Grants

$15,400,000

Federal Funds Not Specifically Identified

$15,400,000

Other Funds

$3,200,000

Agency Funds

$3,200,000

State Funds

$14,354,700

State General Funds

$14,354,700

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 (HB990)

$16,297,100

$34,897,100

THURSDAY, MARCH 19, 2009

3439

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce Adult Literacy Grants.
Amount appropriated in this Act

$0

$0

($317,504)

($317,504)

($145,008)
($1,479,888) $14,354,700

($145,008)
($1,479,888) $32,954,700

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

$23,712,804

Federal Funds and Grants

$300,000

Federal Funds Not Specifically Identified

$300,000

Other Funds

$8,975,000

Agency Funds

$8,975,000

State Funds

$14,437,804

State General Funds

$14,437,804

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$16,719,604

$25,994,604

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from

($179,381)

($179,381)

3440

JOURNAL OF THE HOUSE

22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce funding for Quick Start.
Eliminate funding for a post-graduate engineering program at Chattahoochee Technical College.
Amount appropriated in this Act

($145,842)
($1,756,577) ($200,000)

($145,842)
($1,756,577) ($200,000)

$14,437,804

$23,712,804

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

$518,673,015

American Recovery and Reinvestment Act

$15,406,239

Federal Funds and Grants

$56,406,239

Federal Funds Not Specifically Identified

$41,000,000

Other Funds

$177,025,000

Agency Funds

$177,025,000

State Funds

$284,266,776

State General Funds

$284,266,776

Intra-State Government Transfers

$975,000

Other Intra-State Government Payments

$975,000

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$327,744,745 $546,744,745

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($952,305)

($952,305)

THURSDAY, MARCH 19, 2009

3441

Annualize the cost of the 2.5% salary increase for Department of Education, University System of Georgia, and Georgia Technical College System.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Reduce personal services ($16,003,579) and operating expenses ($12,550,977) formula funding for the technical colleges.
Increase formula funding in personal services to reflect a 5.2% increase in credit hours ($14,545,317) and increase formula funding in operating expenses to reflect a 15.8% increase in square footage ($3,039,374).
Reduce funding for the Regents Program.
Increase the employer share of the Teachers' Retirement System from 9.28% to 9.74%.
Merge administrative functions of 13 technical colleges.
Remove funding for Career Academies.
Replace state funds with fiscal stabilization funds from the American Recovery and Reinvestment Act of 2009.
Reflect savings from HB 700.
Amount appropriated in this Act

$3,601,300

$3,601,300

$0

$0

($9,128,292)

($9,128,292)

($3,052,530) ($30,804,556)

($3,052,530) ($30,804,556)

$17,584,691

$17,584,691

($296,068) $722,030
($3,500,000)
($2,000,000) ($15,406,239)

($296,068) $722,030
($3,500,000)
($2,000,000) $0

($246,000) $284,266,776

($246,000) $518,673,015

Section 46: Transportation, Department of Total Funds

$1,988,430,526

3442

JOURNAL OF THE HOUSE

Federal Funds and Grants Federal Highway Administration Highway Planning & Construction Federal Funds Not Specifically Identified
Other Funds Agency Funds
State Funds Motor Fuel Funds State General Funds
Intra-State Government Transfers Other Intra-State Government Payments

$1,269,017,438
$1,242,517,438
$26,500,000 $5,999,308 $5,999,308 $711,995,752 $688,318,657 $23,677,095 $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 system resurfacing, four-laning and passing lanes may be used to match additional Federal aid. d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. 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.

THURSDAY, MARCH 19, 2009

3443

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

$77,255,114

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

$65,516,321

Motor Fuel Funds

$65,516,321

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 (HB990)

$68,478,140

$80,216,933

Defer state employees' salary increases.

($848,330)

($848,330)

Reduce operating expenses to reflect revised Motor Fuel Funds revenue estimate.

($3,730,514)

($3,730,514)

Transfer motor fuel overmatch ($32,000,000) from State Highway System Construction and Improvement to Administration ($12,000,000), State Highway System Maintenance ($10,000,000) and State Highway System Operations ($10,000,000).

$12,000,000

$12,000,000

Reduce operating expenses.

($9,744,138)

($9,744,138)

Remove one-time funds provided in FY 2009 for the implementation of the freight logistics transport strategy.

($388,837)

($388,837)

Remove one-time funds provided in FY 2009 to retrofit diesel buses with pollution control devices.

($250,000)

($250,000)

Amount appropriated in this Act

$65,516,321

$77,255,114

46.2. Air Transportation

3444

JOURNAL OF THE HOUSE

Purpose: Provide air transportation to state officials and companies considering a move to Georgia and conduct aerial photography flights.

Total Funds

$2,389,001

Federal Funds and Grants

$0

Other Funds

$275,000

Agency Funds

$275,000

State Funds

$1,456,206

State General Funds

$1,456,206

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 (HB990)

$2,310,310

$3,243,105

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($10,043)

($10,043)

Defer state employees' salary increases.

($52,046)

($52,046)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($22,015)

($22,015)

Reduce personal service costs to reflect projected expenditures.

($40,000)

($40,000)

Remove one-time funds provided in FY 2009 for the inspection of 2 aircraft.

($730,000)

($730,000)

Amount appropriated in this Act

$1,456,206

$2,389,001

46.3. Airport Aid

THURSDAY, MARCH 19, 2009

3445

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

$20,570,863

Federal Funds and Grants

$6,500,000

Federal Funds Not Specifically Identified

$6,500,000

Other Funds

$0

State Funds

$14,070,863

State General Funds

$14,070,863

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$16,455,457

$22,955,457

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($7,439)

($7,439)

Defer state employees' salary increases.

($3,866)

($3,866)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($51,849)

($51,849)

Reduce funds to reflect the revised revenue estimate.

($192,283)

($192,283)

Reduce personal service costs to reflect projected expenditures.

($200,000)

($200,000)

Reduce funds for pavement maintenance.

($7,029,157)

($7,029,157)

Remove grant funds for improvements at the Macon Airport.

($100,000)

($100,000)

Provide funds for general airport aid.

$5,200,000

$5,200,000

3446

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Amount appropriated in this Act

$14,070,863

$20,570,863

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

$11,500,747

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

$3,168,233

Motor Fuel Funds

$2,804,774

State General Funds

$363,459

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 (HB990)

$4,665,832

$12,998,346

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($444,450)

($444,450)

Defer state employees' salary increases.

($96,865)

($96,865)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce operating expenses to reflect revised Motor Fuel Funds revenue estimate.

($105,259)

($105,259)

Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.

($27,631)

($27,631)

Reduce operating expenses.

($823,394)

($823,394)

Amount appropriated in this Act

$3,168,233

$11,500,747

46.5. Local Road Assistance Purpose: Provide contracts with local governments to assist in the construction and

THURSDAY, MARCH 19, 2009

3447

reconstruction of their road, bridge, and street systems.

Total Funds

$174,820,122

Federal Funds and Grants

$69,658,670

Federal Highway Administration Highway Planning & Construction

$69,658,670

Other Funds

$0

State Funds

$104,566,219

Motor Fuel Funds

$104,566,219

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 (HB990)

$156,700,606 $226,954,509

Defer state employees' salary increases.

($463,796)

($463,796)

Reduce operating expenses to reflect revised Motor Fuel Funds revenue estimate.

($1,827,629)

($1,827,629)

Reduce operating expenses.

($968,854)

($968,854)

Reduce funds for State Fund Construction Most Needed from $21,361,261 to $2,840,344.

($18,520,917) ($18,520,917)

Reduce funds for State Fund Construction Off System.

($25,425,209) ($25,425,209)

Reduce funds for State Fund Construction Local Road Assistance Program from $60,000,000 to $55,072,018.

($4,927,982)

($4,927,982)

Amount appropriated in this Act

$104,566,219 $174,820,122

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

$94,351,736

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$94,351,736

3448

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Motor Fuel Funds

$94,351,736

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 (HB990)

$94,249,786

$94,249,786

Provide funds to reflect an increase in required debt service on issued GARVEE bonds for the Governor's Fast Forward program.

$28,201,950

$28,201,950

Eliminate Motor Fuel funding for the State Transportation Infrastructure Bank.

($28,100,000) ($28,100,000)

Amount appropriated in this Act

$94,351,736

$94,351,736

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

$926,676

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$926,676

State General Funds

$926,676

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$1,528,887

$1,528,887

Defer state employees' salary increases.

($2,211)

($2,211)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Remove funds for condemnation lawsuit.

($500,000)

($500,000)

Reduce maintenance funds for state-owned dredge spoils and mosquito control.

($100,000)

($100,000)

Amount appropriated in this Act

$926,676

$926,676

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3449

46.8. Rail

Purpose: Oversee the construction, financing, operation, and development of rail passenger, freight service, and other public transportation projects.

Total Funds

$303,766

Federal Funds and Grants

$0

Other Funds

$88,239

Agency Funds

$88,239

State Funds

$215,527

State General Funds

$215,527

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 (HB990)

$303,647

$391,886

Defer state employees' salary increases.

($4,060)

($4,060)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce personal service costs to reflect projected expenditures.

($60,000)

($60,000)

Reduce operating expenses.

($24,060)

($24,060)

Amount appropriated in this Act

$215,527

$303,766

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

$1,182,636,140

Federal Funds and Grants

$964,973,294

Federal Highway Administration Highway Planning & Construction

$964,973,294

Other Funds

$0

State Funds

$217,497,846

Motor Fuel Funds

$217,497,846

Intra-State Government Transfers

$165,000

Other Intra-State Government Payments

$165,000

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The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$284,919,481 $1,250,057,775

Defer state employees' salary increases.

($1,465,331)

($1,465,331)

Reduce operating expenses to reflect revised Motor Fuel Funds revenue estimate.

($3,584,989)

($3,584,989)

Transfer motor fuel overmatch ($32,000,000) from State Highway System Construction and Improvement to Administration ($12,000,000), State Highway System Maintenance ($10,000,000) and State Highway System Operations ($10,000,000).

($32,000,000) ($32,000,000)

Reduce operating expenses.

($18,024,037) ($18,024,037)

Reduce Funds for State Fund Construction Most Needed from $14,240,840 to $1,893,562.

($12,347,278) ($12,347,278)

Amount appropriated in this Act

$217,497,846 $1,182,636,140

46.10. State Highway System Maintenance

Purpose: Coordinate all statewide maintenance activities.

Total Funds

$327,688,354

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

$173,940,900

Motor Fuel Funds

$173,940,900

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 (HB990)

$192,591,918 $346,339,372

Defer state employees' salary increases.

($1,921,871)

($1,921,871)

THURSDAY, MARCH 19, 2009

3451

Reduce operating expenses to reflect revised Motor Fuel Funds revenue estimate.
Transfer motor fuel overmatch ($32,000,000) from State Highway System Construction and Improvement to Administration ($12,000,000), State Highway System Maintenance ($10,000,000) and State Highway System Operations ($10,000,000).
Reduce operating expenses.
Amount appropriated in this Act

($10,707,510) $10,000,000

($10,707,510) $10,000,000

($16,021,637) $173,940,900

($16,021,637) $327,688,354

46.11. State Highway System Operations

Purpose: Ensure a safe and efficient transportation system statewide through traffic engineering and traffic management.

Total Funds

$69,337,643

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

$29,640,861

Motor Fuel Funds

$29,640,861

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$26,491,645

$66,188,427

Defer state employees' salary increases.

($479,545)

($479,545)

Reduce operating expenses to reflect revised Motor Fuel Funds revenue estimate.

($947,899)

($947,899)

Transfer motor fuel overmatch ($32,000,000) from State Highway System Construction and Improvement to Administration ($12,000,000), State Highway System Maintenance ($10,000,000) and State Highway System Operations ($10,000,000).

$10,000,000

$10,000,000

Reduce operating expenses.

($5,423,340)

($5,423,340)

3452

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Amount appropriated in this Act

$29,640,861

$69,337,643

46.12. Transit

Purpose: Preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems.

Total Funds

$26,650,364

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

$6,644,364

State General Funds

$6,644,364

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$7,520,854

$27,526,854

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($31,640)

($31,640)

Defer state employees' salary increases.

($8,403)

($8,403)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.

($48,046)

($48,046)

Reduce grant funds for bus replacement.

($788,401)

($788,401)

Amount appropriated in this Act

$6,644,364

$26,650,364

THURSDAY, MARCH 19, 2009

3453

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

$40,408,503 $18,176,491 $18,176,491
$0 $22,232,012 $22,232,012
$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

$1,250,607

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,250,607

State General Funds

$1,250,607

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$850,660

$850,660

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($6,128)

($6,128)

Defer state employees' salary increases.

($6,361)

($6,361)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the

($21,772)

($21,772)

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expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
To remove one time budget requests from the base
Transfer state funds from the veterans benefits program to the administration program to align budget with anticipated expenditures.
Amount appropriated in this Act

($45,000) ($792)
($20,000) $500,000
$1,250,607

($45,000) ($792)
($20,000) $500,000
$1,250,607

47.2. Georgia Veterans Memorial Cemetery

Purpose: Provide for the interment of eligible Georgia veterans who served faithfully and honorably in the military service of our country.

Total Funds

$581,107

Federal Funds and Grants

$35,700

Federal Funds Not Specifically Identified

$35,700

Other Funds

$0

State Funds

$545,407

State General Funds

$545,407

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 (HB990)

$570,702

$606,402

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($260)

($260)

Defer state employees' salary increases.

($4,294)

($4,294)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

THURSDAY, MARCH 19, 2009

3455

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Amount appropriated in this Act

($15,241)

($15,241)

($5,500) $545,407

($5,500) $581,107

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

$11,290,562

Federal Funds and Grants

$5,534,646

Federal Funds Not Specifically Identified

$5,534,646

State Funds

$5,755,916

State General Funds

$5,755,916

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,129,026

$11,950,582

Reduce payments to Medical College of Georgia for operating the Georgia War Veterans Nursing Home in Augusta.

($373,110)

($660,020)

Amount appropriated in this Act

$5,755,916

$11,290,562

47.4. Georgia War Veterans Nursing Home - Milledgeville

Purpose: Provide skilled nursing care to aged and infirmed Georgia war veterans.

Total Funds

$17,245,097

Federal Funds and Grants

$7,982,705

Federal Funds Not Specifically Identified

$7,982,705

State Funds

$9,262,392

State General Funds

$9,262,392

3456

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 (HB990)

$11,502,288

$21,161,872

Close the independent living unit at the Georgia War Veterans Home in Milledgeville.

($2,239,896)

($3,916,775)

Amount appropriated in this Act

$9,262,392

$17,245,097

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

$10,041,130

Federal Funds and Grants

$4,623,440

Federal Funds Not Specifically Identified

$4,623,440

Other Funds

$0

State Funds

$5,417,690

State General Funds

$5,417,690

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,648,993

$11,272,433

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.

($7,477)

($7,477)

Defer state employees' salary increases.

($68,862)

($68,862)

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.

$0

$0

Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to

($180,743)

($180,743)

THURSDAY, MARCH 19, 2009

3457

reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Reduce funds to reflect the revised revenue estimate.
Transfer state funds from the veterans benefits program to the administration program to align budget with anticipated expenditures.
Reduce new information technology funding provided in FY 2009.
Amount appropriated in this Act

($174,221) ($500,000)

($174,221) ($500,000)

($300,000) $5,417,690

($300,000) $10,041,130

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

$19,096,364 $0
$200,000 $200,000 $18,896,364 $18,896,364
$0

48.1. Administration

Purpose: Provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner that is sensitive, responsive, and effective.

Total Funds

$7,898,385

Federal Funds and Grants

$0

Other Funds

$25,000

Agency Funds

$25,000

State Funds

$7,873,385

State General Funds

$7,873,385

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$6,504,141

$6,529,141

3458

JOURNAL OF THE HOUSE

Reflect allocation of telecommunication expenses resulting from the GAIT Outsourcing Project.
Defer state employees' salary increases.
Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Provide for a reduction of $10 per position in the State Personnel Administration (Merit System) assessment from $147 to $137.
Increase payments to the State Treasury from $1,961,807 to $3,680,992.
Amount appropriated in this Act

$32,528
($24,894) $0

$32,528
($24,894) $0

($355,932)

($355,932)

($1,643)
$1,719,185 $7,873,385

($1,643)
$1,719,185 $7,898,385

48.2. Administer the Workers' Comp Laws

Purpose: Provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation Law.

Total Funds

$11,197,979

Federal Funds and Grants

$0

Other Funds

$175,000

Agency Funds

$175,000

State Funds

$11,022,979

State General Funds

$11,022,979

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 (HB990)

$11,216,053

$11,391,053

Defer state employees' salary increases.

($125,557)

($125,557)

THURSDAY, MARCH 19, 2009

3459

Reduce the State Health Benefit Plan employer contribution rate from 22.165% to 17.856%, thus eliminating the Other PostEmployment Benefits (OPEB) contribution.
Reduce the employer contribution rate for the State Health Benefit Plan, a decrease from 22.165% to 16.567% for state employees and from 18.534% to 17.245% for teachers, to reflect a reduction in Other Post-Employment Benefits (OPEB) and an increase in the expected employee contribution from 25% to 30% of the cost of the plan.
Amount appropriated in this Act

$0

$0

($67,517)

($67,517)

$11,022,979

$11,197,979

Section 49: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Other Funds State Funds
Motor Fuel Funds State General Funds Intra-State Government Transfers

$1,131,188,771 $0 $0
$1,131,188,771 $224,681,343 $906,507,428 $0

49.1. GO Bonds Issued

Purpose: Transfer funds from GO Bonds New to GO Bonds Issued to reflect the

issuance of new bonds.

Total Funds

$1,003,184,941

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$1,003,184,941

Motor Fuel Funds

$215,601,343

State General Funds

$787,583,598

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 (HB990)

$903,133,634 $903,133,634

3460

JOURNAL OF THE HOUSE

Add additional funds to meet debt service requirements.
Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.
Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.
Reduce debt service to reflect actual needs.
Repeal the balance of $80,000 of the authorization of $2,500,000 in 5-year bonds for the Georgia Ports Authority from FY 2006 (H.B. 85) for Container Berths 4, 5, and 6 overlay upgrade.
Amount appropriated in this Act

$790,780 $86,002,679

$790,780 $86,002,679

$20,538,700

$20,538,700

($7,258,501) ($22,351)

($7,258,501) ($22,351)

$1,003,184,941 $1,003,184,941

49.2. GO Bonds New

Purpose: None

Total Funds

$128,003,830

Federal Funds and Grants

$0

Other Funds

$0

State Funds

$128,003,830

Motor Fuel Funds

$9,080,000

State General Funds

$118,923,830

Intra-State Government Transfers

$0

The above amounts include the following adjustments, additions, and deletions to the previous appropriation act:

State Funds

Total Funds

Amount from prior Appropriation Act (HB990)

$106,541,379 $106,541,379

Total of Debt Service on Bonds Associated with this Program

$127,954,870 $127,954,870

Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.

($86,002,679) ($86,002,679)

Provide debt service funding for new bonds.

$0

$0

THURSDAY, MARCH 19, 2009

3461

Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds.
Provide debt service funding for new bonds recommended.
Provide funding to reflect the taxable status of a bond for the Georgia Poultry Improvement Association through the Department of Agriculture. (NOTE: Amount reflects incremental difference between taxable and non-taxable bond.)
Amount appropriated in this Act

($20,538,700) ($20,538,700)

$0 $48,960

$0 $48,960

$128,003,830 $128,003,830

Bond Financing Appropriated:
[Bond # 1] From State General Funds, $9,552,614 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 $105,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 2] From State General Funds, $10,106,948 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 $111,310,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 3] From State General Funds, $7,145,052 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 $78,690,000 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, $183,416 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 $2,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 5] From State General Funds, $1,628,200 is specifically appropriated for the purpose of financing equipment for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more

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JOURNAL OF THE HOUSE

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 # 6] From State General Funds, $928,074 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $3,990,000 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, $293,076 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 8] From State General Funds, $444,920 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 9] From State General Funds, $232,600 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 10] From State General Funds, $858,294 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 11] From State General Funds, $542,530 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University

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System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,975,000 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, $1,207,640 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 $13,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 13] From State General Funds, $892,110 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,825,000 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, $181,600 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 15] From State General Funds, $3,904,400 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 $43,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 16] From State General Funds, $2,270,000 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,

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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.
[Bond # 17] From State General Funds, $1,725,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 18] From State General Funds, $116,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 19] From State General Funds, $1,825,080 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 20] From State General Funds, $948,406 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,445,000 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, $236,080 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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

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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, $2,415,280 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 $26,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 23] From State General Funds, $871,680 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 24] From State General Funds, $726,400 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 $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.
[Bond # 25] From State General Funds, $255,860 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 26] From State General Funds, $2,451,600 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 $27,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond # 27] From State General Funds, $511,720 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 $2,200,000 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, $2,326,000 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 sixty months.
[Bond # 29] From State General Funds, $604,760 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 30] From State General Funds, $255,860 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 $1,100,000 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, $325,640 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 $1,400,000 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, $651,280 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University

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System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 33] From State General Funds, $1,395,600 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 $6,000,000 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, $72,640 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 $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 # 35] From State General Funds, $5,448,000 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.
[Bond # 36] From State General Funds, $2,326,000 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 sixty months.
[Bond # 37] From State General Funds, $95,340 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 R. T. Jones Memorial Library, for that library, through the issuance of not more than $1,050,000 in principal amount of General

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Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 38] From State General Funds, $78,088 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 St. Mary's Public Library, for that library, through the issuance of not more than $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 39] From State General Funds, $181,600 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 Morgan 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.
[Bond # 40] From State General Funds, $103,966 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 $1,145,000 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, $181,600 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 Northeast Regional Library, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 42] From State General Funds, $181,600 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 Oakland Library - Lee County Library System, for that library, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 43] From State General Funds, $36,320 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 Tallapoosa Public Library, for that library, through the issuance of not more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 44] From State General Funds, $123,034 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 Warren P. Sewell Memorial Library, for that

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library, through the issuance of not more than $1,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 45] From State General Funds, $164,348 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 Greene County Public Library, for that library, through the issuance of not more than $1,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 46] From State General Funds, $4,876,459 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 47] From State General Funds, $769,984 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,480,000 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, $3,256,400 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 sixty months.
[Bond # 49] From State General Funds, $1,816,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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.
[Bond # 50] From State General Funds, $1,753,802 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia

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by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $19,315,000 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, $866,232 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,540,000 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, $1,305,250 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 53] From State General Funds, $771,800 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 54] From State General Funds, $220,190 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 55] From State General Funds, $137,108 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

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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.
[Bond # 56] From State General Funds, $74,002 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 $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 # 57] From State General Funds, $324,156 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 $3,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 58] From State General Funds, $93,040 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 $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 59] From State General Funds, $32,688 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 $360,000 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, $32,688 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty

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months.
[Bond # 61] From State General Funds, $45,854 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 $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 # 62] From State General Funds, $28,602 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 $315,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 63] From State General Funds, $2,326,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 64] From State General Funds, $454,000 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 two hundred and forty months.
[Bond # 65] From State General Funds, $1,421,020 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.
[Bond # 66] From State General Funds, $454,000 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

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land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 67] From State General Funds, $125,304 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 68] From State General Funds, $69,780 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 69] From State General Funds, $232,600 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 70] From State General Funds, $994,365 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 $4,275,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 71] From State General Funds, $620,618 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 $6,835,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond # 72] From State General Funds, $446,282 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 $4,915,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 73] From State General Funds, $90,800 is specifically appropriated to the Department of Natural Resources 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 74] From State General Funds, $3,632,000 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 $40,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 75] From State General Funds, $247,884 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 $2,730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 76] From State General Funds, $363,200 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 77] From State General Funds, $581,500 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

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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 # 78] From State General Funds, $232,600 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 79] From State General Funds, $2,270,000 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.
[Bond # 80] From State General Funds, $1,271,200 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 $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.
[Bond # 81] From State General Funds, $1,163,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 82] From State General Funds, $2,326,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 83] From State General Funds, $174,450 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of

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the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 sixty months.
[Bond # 84] From State General Funds, $272,400 is specifically appropriated for the purpose of financing projects and facilities for the Soil and Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 85] From State General Funds, $348,900 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State Financing and Investment Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
[Bond # 86] From State General Funds, $290,750 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.
[Bond # 87] From State General Funds, $1,234,880 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 $13,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 88] From State General Funds, $2,179,200 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 $24,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond # 89] From State General Funds, $3,359,600 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 $37,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 90] From State General Funds, $317,800 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 $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 # 91] From State General Funds, $408,600 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 $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 92] From State General Funds, $3,272,886 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 $36,045,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 93] From State General Funds, $1,521,920 is specifically appropriated to the Department of Community Affairs 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 $11,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months.
[Bond # 94] From State General Funds, $335,960 is specifically appropriated to the Department of Community Affairs 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 $3,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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[Bond # 95] From State General Funds, $1,816,000 is specifically appropriated to the Department of Community Affairs 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 $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 # 96] From State Motor Fuel Funds, $9,080,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
[Bond # 97] From State General Funds, $317,800 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 $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 # 98] From State General Funds, $290,560 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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

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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: 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 53: 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

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the authorizing paragraphs.

Section 54: Effective Date
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 55: 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 119, 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 119 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendment was read:

Representatives Lucas of the 139th, Randall of the 138th, and Epps of the 140th move to amend the Appropriation Act of the Georgia General Assembly by striking on page 125 at Item 32.1 reference to 11 million dollars and reducing such sum by $354,000.00 to read as follows:

$10,646,000.00

Representative Lucas of the 139th moved that Rule 33.2 (b), requiring that amendments to legislation designated as Modified Open Rule be pre-printed and placed upon the desk one hour prior to debate, be temporarily suspended.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin Y Baker N Barnard N Battles N Bearden

Y Crawford N Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs N Dollar Y Dooley Y Drenner

Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holt N Horne
Houston Y Howard N Hudson
Hugley

N Manning Y Marin N Martin N Maxwell N May N Mayo N McCall Y McKillip N Meadows N Millar N Mills

Rynders N Scott, A N Scott, M N Sellier N Setzler Y Shaw N Sheldon Y Shipp N Sims, B N Sims, C Y Sinkfield

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Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce Y 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 N Coleman N Collins, D Y Collins, T
Cooper N Cox

Y Dukes N Ehrhart N England Y Epps, C Y Epps, J N Everson N Floyd E Fludd N Franklin Y Frazier N Fullerton Y Gardner N Geisinger N Glanton N Golick Y Gordon N Graves N Greene N Hamilton Y Hanner N Harbin N Harden, B N Harden, M N Hatfield Y Heard

N Jackson N Jacobs Y James N Jerguson E Johnson, C
Johnson, T N Jones, J Y Jones, S E Jordan Y Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham

Y Mitchell Y Morgan N Morris Y Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish N Parsons N Peake Y Porter N Powell, A N Powell, J N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese N Rice N Roberts N Rogers

N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V Y Smyre Y Stephens, M N Stephens, R Y Stephenson N Talton Y Taylor E Teilhet Y Thomas Y Thompson N Walker N Weldon 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 57, nays 111.

The motion was lost.

The Lucas amendment was ruled out of order.

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 N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles

N Crawford N Davis, H Y Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C

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Y Bearden N Beasley-Teague N Benfield Y Benton Y Black 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, D N Collins, T Y Cooper Y Cox

Y Drenner N Dukes Y Ehrhart Y England Y Epps, C N Epps, J Y Everson N Floyd E Fludd N Franklin N Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

N Hugley Y Jackson Y Jacobs N James Y Jerguson E Johnson, C N Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor E Teilhet N Thomas N Thompson Y Walker Y Weldon 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 123, nays 49.

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

Representatives Baker of the 78th and Stephens of the 161st stated that they inadvertently voted "nay" 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.

By unanimous consent, HB 119 was ordered immediately transmitted to the Senate.

The following Resolution of the House was read:

HR 673. By Representatives Heard of the 114th, Murphy of the 120th, Smyre of the 132nd, Heckstall of the 62nd, Randall of the 138th and others:

A RESOLUTION honoring President Barack Obama on becoming the 44th President of the United States and recognizing President Barack Obama as an

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honorary lifetime member of the Georgia Legislative Black Caucus; and for other purposes.

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

E Abdul-Salaam Y Abrams N Allison N Amerson
Anderson Y Ashe N Austin Y Baker Y Barnard
Battles N Bearden Y Beasley-Teague
Benfield N Benton Y Black Y Brooks
Bruce Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd Y Carter, A N Carter, B Casas Chambers Channell Y Cheokas N Coan N Cole N Coleman N Collins, D Y Collins, T N Cooper Cox

Crawford Y Davis, H
Davis, S Y Dawkins-Haigler
Day N Dempsey N Dickson Y Dobbs N Dollar Y Dooley
Drenner Y Dukes
Ehrhart N England Y Epps, C Y Epps, J N Everson
Floyd E Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton
Golick Y Gordon N Graves
Greene N Hamilton
Hanner Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Heckstall Hembree Y Henson N Hill, C N Hill, C.A N Holt Y Horne N Houston Y Howard Y Hudson Hugley Y Jackson N Jacobs Y James N Jerguson E Johnson, C Y Johnson, T Jones, J Y Jones, S E Jordan Y Kaiser N Keen N Keown Knight Knox Y Lane, B N Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham

N Manning Y Marin N Martin N Maxwell N May Y Mayo
McCall Y McKillip N Meadows Y Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy N Neal N Nix Y Oliver
O'Neal Parham Parrish N Parsons N Peake Y Porter Y Powell, A Powell, J Pruett N Ralston Ramsey Y Randall Y Reece N Reese N Rice Y Roberts N Rogers

On the adoption of the Resolution, the ayes were 68, nays 70.

N Rynders N Scott, A N Scott, M Y Sellier
Setzler Y Shaw N Sheldon Y Shipp N Sims, B N Sims, C Y Sinkfield N Smith, B N Smith, L N Smith, R
Smith, T N Smith, V Y Smyre Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson N Walker N Weldon N Wilkinson
Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

The Resolution was lost.

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.

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Representative Jones of the 46th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

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 Porter of the 143rd gave notice that at the proper time he would move that the House reconsider its action in failing to adopt HR 673.

The following Resolution of the House was read and referred to the Committee on Rules:

HR 674. By Representatives Yates of the 73rd, Everson of the 106th, Sellier of the 136th, Abrams of the 84th, Day of the 163rd and others:

A RESOLUTION commending Georgia's National Guard troops; recognizing March 5, 2009, as National Guard Day at the state capitol; inviting Major General William T. Nesbitt to appear before the House of Representatives; and for other purposes.

Representative Keen of the 179th moved that the House do now adjourn until 9:00 o'clock, tomorrow morning.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker Y Barnard Y Battles Y Bearden N Beasley-Teague
Benfield Y Benton Y Black Y Brooks
Bruce Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd

Crawford Davis, H Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley Drenner Dukes Ehrhart Y England Y Epps, C N Epps, J Y Everson Y Floyd E Fludd Y Franklin Frazier Y Fullerton Y Gardner

Y Heckstall Hembree
N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson
Hugley Jackson Y Jacobs James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Jones, S E Jordan Y Kaiser Y Keen Y Keown

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

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw N Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R
Smith, T Y Smith, V N Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor E Teilhet

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

Y Geisinger Y Glanton
Golick Gordon Y Graves Greene Y Hamilton Hanner Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 106, nays 29.

Y Peake N Porter Y Powell, A
Powell, J Pruett Y Ralston Ramsey N Randall Reece Y Reese Y Rice Y Roberts Y Rogers

Thomas N Thompson Y Walker Y Weldon Y Wilkinson
Willard N Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Friday, March 20, 2009

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 Allison Amerson Anderson Ashe Baker Barnard Battles Bearden
E Beasley-Teague Benton Brooks Bryant Byrd Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Crawford Davis, H

E Dawkins-Haigler Day Dempsey
E Dickson Dooley Drenner Ehrhart England Epps, J Everson Fludd Franklin Frazier Gardner Geisinger Glanton Gordon Graves Greene
E Hanner Harbin Harden, B Harden, M Heard Hembree
E Henson E Hill, C

Hill, C.A Holt E Horne Howard Hugley Jackson Jacobs James Johnson, C Jones, J E Jordan Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Maddox, B Maddox, G Manning Martin Maxwell Mayo

McKillip Mills Mitchell Morris Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Parsons Peake Porter Powell, J Pruett Ralston Ramsey Randall Rice Roberts Rogers E Rynders Scott, A Scott, M

Sellier Setzler Shaw Sheldon Sims, B Sims, C Smith, B Smith, L Smith, R Smith, T Smith, V E Smyre Stephens, M Stephens, R E Teilhet Thompson Walker Weldon 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 Austin of the 10th, Benfield of the 85th, Bruce of the 64th, Buckner of the 130th, Burkhalter of the 50th, Burns of the 157th, Butler of the 18th, Carter of the 175th, Cox of the 102nd, Davis of the 109th, Dobbs of the 53rd, Dukes of the 150th, Floyd of the 99th, Fullerton of the 151st, Golick of the 34th, Hamilton of the 23rd, Hatfield of the 177th, Houston of the 170th, Hudson of the 124th, Jerguson of the 22nd, Johnson of the 37th, Jones of the 44th, Long of the 61st, Lucas of the 139th, Lunsford of the 110th, Marin of the 96th, May of the 111th, Meadows of the 5th, Millar of the 79th, Powell of the 29th, Reece of the 11th, Reese of the 98th, Shipp of the 58th, Sinkfield of the 60th, Talton of the 145th, Taylor of the 55th, Thomas of the 100th, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Reverend Rhea Posey, Hosea Feed the Hungry and Homeless, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 772. By Representatives Bryant of the 160th, Stephens of the 164th, Day of the 163rd, Stephens of the 161st, Gordon of the 162nd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3865), so as to deannex certain property from such city's corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 773. By Representatives Bryant of the 160th, Stephens of the 164th, Day of the 163rd, Stephens of the 161st, Gordon of the 162nd and others:
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, particularly by an Act approved April 21, 1989 (Ga. L. 1989, p. 5105), so as to deannex certain property from such city's corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 774. By Representatives Gardner of the 57th, Manning of the 32nd, Cooper of the 41st, Porter of the 143rd, Dempsey of the 13th and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to provide for guidelines relating to the incidence and treatment options of autism; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 775. By Representative Holt of the 112th:
A BILL to be entitled an Act to authorize the governing authority of the City of Covington to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 776. By Representative Parham of the 141st:
A BILL to be entitled an Act to authorize the governing authority of the City of Milledgeville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 777. By Representatives Mitchell of the 88th, Mosby of the 90th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd, Abrams of the 84th and others:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3779), so as to change certain provisions relating to the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 778. By Representatives Yates of the 73rd and Lunsford of the 110th:
A BILL to be entitled an Act to authorize the governing authority of the City of Locust Grove to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 780. By Representatives Maxwell of the 17th, England of the 108th and Wilkinson of the 52nd:
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 authorize the election superintendent in primaries, elections, and runoffs in which direct recording electronic voting systems are used for absentee voting to begin tabulating the absentee votes cast on such devices when the polls open for such primary, election, or runoff; to provide for procedures for such tabulation; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 781. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga.

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L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 782. By Representative Allison of the 8th:
A BILL to be entitled an Act to provide a homestead exemption from Towns County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 783. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend an Act incorporating the Town of North High Shoals, approved March 24, 1933 (Ga. L. 1933, p. 1040), as amended, so as to extensively revise and restate the town charter; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town 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 submission 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 784. By Representative Hill of the 21st:
A BILL to be entitled an Act to authorize the governing authority of the City of Canton to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 785. By Representatives Martin of the 47th and Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 35-3-153 of the Official Code of Georgia Annotated, relating to the creation of the office of chief medical examiner, so as to require the chief medical examiner to devote his or her full time to the duties and responsibilities of the office of chief medical examiner; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 786. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Guyton, approved May 5, 2006 (Ga. L. 2006, p. 4230), so as to change the corporate boundaries of said city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 787. By Representatives Greene of the 149th, Powell of the 171st and Dukes of the 150th:
A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to prohibit the authority from issuing any revenue bonds; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 672. By Representatives Smith of the 113th, Smyre of the 132nd, Porter of the 143rd, Parrish of the 156th, Stephens of the 164th and others:
A RESOLUTION requesting the President of the United States, Barack Obama, to select Mr. Thomas J. Harrold, Jr., to serve as the United States Ambassador to Germany; and for other purposes.
Referred to the Committee on Interstate Cooperation.
HR 675. By Representatives Mangham of the 94th, Jackson of the 142nd, Glanton of the 76th, Epps of the 128th and Collins of the 95th:

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A RESOLUTION commending the contributions of members of the clergy in Georgia; establishing an annual Faith and Clergy Day at the Georgia State Capitol; and creating the Georgia Faith and Clergy Day Commission; and for other purposes.
Referred to the Committee on Human Relations & Aging.
HR 676. By Representatives Taylor of the 55th, Bruce of the 64th, Glanton of the 76th, Heckstall of the 62nd, Brooks of the 63rd and others:
A RESOLUTION commending Hartsfield-Jackson International Airport and its staff for being named the world's most efficient airport; and for other purposes.
Referred to the Committee on Transportation.
HR 677. By Representatives Peake of the 137th, Oliver of the 83rd, Ramsey of the 72nd, Willard of the 49th, Hatfield of the 177th and others:
A RESOLUTION recognizing May 1, 2009, as Law Day in the United States of America and in the State of Georgia; and for other purposes.
Referred to the Committee on Judiciary.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the Committee:
HB 791. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to create and establish the Ellaville-Schley County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
By unanimous consent, the following Bills of the House were read the second time:

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HB 765 HB 766 HB 767 HB 768

HB 769 HB 770 HB 771 HB 779

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

Your Committee on Education has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 642 SB 178 SB 210

Do Pass Do Pass Do Pass

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 14 Do Pass SB 170 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:

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Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 646 HB 714 HB 715 HB 730 HB 734 HB 748 HB 749 HB 751

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

HB 752 HB 753 HB 754 HB 755 HB 757 HB 762 HB 764

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

SB 108 SB 149 SB 213

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

Respectfully submitted, /s/ Willard of the 49th
Chairman

Representative Maxwell of the 17th 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:

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SB 98 Do Pass

Respectfully submitted, /s/ Maxwell of the 17th
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 183 Do Pass HR 184 Do Pass

HR 283 Do Pass HR 674 Do Pass

Representative Burns of the 157th District, Chairman of the Committee on Special Rules, submitted the following report:

Mr. Speaker:

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

SB 27 Do Pass

Respectfully submitted, /s/ Burns of the 157th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, MARCH 20, 2009

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 43

Boll Weevil Eradication; definitions; assessments; penalties; change certain provisions (A&CA-Black-174th) Bulloch-11th

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SB 177

Retirement; provide appellate court judges who become members; shall not be entitled to certain group term life insurance benefits (Ret-Maxwell-17th) Heath-31st

Modified Open Rule

SB 193

Sentence/Punishment; authorize Corrections Department; participation in transitional center; offender's final year of incarceration (SI&P-Jerguson22nd) Grant-25th

Modified Structured Rule

None

Structured Rule

HR 161 SR 333

White, Mr. John Jerome; compensate (Substitute)(App-Hugley-133rd) Lamar Mobley Memorial Barn; designate (Substitute)(SI&P-Lane-167th) Powell-23rd

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 646. By Representatives James of the 135th and Harden of the 147th:

A BILL to be entitled an Act to authorize the Magistrate Court of Dooly County to establish and charge a law library fee pursuant to Article 5 of Chapter 10 of Title 15 of the O.C.G.A.; to provide that funds shall be used for the maintenance of the Dooly County law library; to provide that funds collected shall be remitted to the county treasury; to repeal conflicting laws; and for other purposes.

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

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HB 714. By Representatives Marin of the 96th, Rice of the 51st and Floyd of the 99th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4727) and by an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), so as to change the terms of the mayor and city councilmembers; to provide that the mayor and councilmembers shall be elected by a plurality; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 715. By Representatives Marin of the 96th, Rice of the 51st and Floyd of the 99th:
A BILL to be entitled an Act to authorize the governing authority of the City of Norcross to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 730. By Representatives Davis of the 109th, Mayo of the 91st, Mosby of the 90th, Lunsford of the 110th and Baker of the 78th:
A BILL to be entitled an Act to amend an Act amending an Act providing a new board of commissioners of Henry County, approved March 19, 1987 (Ga. L. 1987, p. 4464), so as to repeal a certain provision requiring board members to resign if standing for election to other public office; to provide that such provision should not be a part of an Act approved March 28, 1974 (Ga. L. 1974, p. 3680), to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 734. 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

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amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), so as to provide that citizens of the City of Waycross shall have the right to address or speak to the city commissioners on official actions or other topics relating to the business of the city commission at meetings of the city commission by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the city commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 748. By Representative Battles of the 15th:
A BILL to be entitled an Act to authorize the governing authority of the City of Cartersville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 749. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Montgomery County Board of Commissioners, approved February 27, 1953 (Ga. L. 1953, p. 2740), so as to provide that such board shall meet at a certain time and date monthly; 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 751. By Representative Pruett of the 144th:
A BILL to be entitled an Act to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to provide for staggered terms for members of the board of education; to provide for continuation in office of certain members; to provide for election and terms of office for subsequent members; to provide

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3499

for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 752. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to reduce the number of councilmembers; to change the manner and method of filling 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 753. By Representative Maddox of the 127th:
A BILL to be entitled an Act to provide for a homestead exemption from Pike County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 754. By Representatives Parrish of the 156th, Morris of the 155th and Jackson of the 142nd:
A BILL to be entitled an Act to amend an Act to incorporate the Town of Oak Park, in the County of Emanuel, approved July 18, 1929 (Ga. L. 1929, p. 1241), as amended, so as to provide for a municipal court; to provide for a judge of such court; to provide for the jurisdiction, functions, practices, procedures, duties, and responsibilities of such court; to provide for the right of certiorari; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 755. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of Telfair County, approved June 3, 2003 (Ga. L. 2003, p. 3992), so as to provide for commissioner districts; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the election of the chairperson from the county at large; 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 provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 757. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), and by an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 762. By Representative Scott of the 2nd:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), and an Act approved April 7, 2004 (Ga. L. 2004, p. 3535), so as to provide that the members of the board of commissioners elected to represent Commissioner Districts 1 through 4 shall be required to reside in their respective districts but shall be elected by all of the electors of Dade County; to provide for a referendum; to provide for preclearance pursuant to Section 5 of the Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

HB 764. By Representatives Millar of the 79th, Oliver of the 83rd, Drenner of the 86th, Mitchell of the 88th, Jacobs of the 80th and others:

A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), an Act approved April 1, 2005 (Ga. L. 2005, p. 3507), and an Act approved May 18, 2007 (Ga. L. 2007, p. 4064), so as to provide a definition for the governing authority of the City of Dunwoody; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for the adoption of a dissolution resolution; to 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson
Dobbs Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson Floyd Y Fludd Franklin Y Frazier Y Fullerton Y Gardner

Y Heckstall Y Hembree Y Henson E Hill, C
Hill, C.A Y Holt E Horne Y Houston Y Howard
Hudson Y Hugley
Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S E Jordan Y Kaiser Y Keen Y Keown

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

E Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C
Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stephens, M Y Stephens, R
Stephenson Talton Y Taylor E Teilhet

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Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Geisinger Y Glanton
Golick Y Gordon E Graves Y Greene Y Hamilton E Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 141, nays 0.

Thomas Y Thompson
Walker Y Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

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

Representative Loudermilk of the 14th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be shown as being excused under Rule 133.

Representative Barnard of the 166th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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 264. By Senator Grant of the 25th:

A BILL to be entitled an Act to amend an Act to make provisions for the Magistrate Court of Jasper County, approved March 12, 1984 (Ga. L. 1984, p. 3785), as amended, so as to provide that the clerk of the Superior Court of Jasper County shall serve as the clerk of the magistrate court; to provide for the appointment of a clerk of the magistrate court in the event that the clerk of superior court chooses not serve as such clerk; to provide for the compensation of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes.

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SB 265. By Senator Grant of the 25th:
A BILL to be entitled an Act to create the Public Facilities Authority of the City of Milledgeville and Baldwin County; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their sale, and use of proceeds from such sales; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 98. 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 for membership on the Athens-Clarke County Industrial Development Authority; to repeal conflicting laws; and for other purposes.
HB 210. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:
A BILL to be entitled an Act to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to clarify who shall pay the employer contributions for certain members; to repeal conflicting laws; and for other purposes.
HB 229. By Representatives Coleman of the 97th, Dickson of the 6th, Maxwell of the 17th, Kaiser of the 59th, Ashe of the 56th 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 an annual fitness assessment and to comply with state physical education instruction requirements; to provide for reporting of results; to provide for an annual report to the Governor; to provide for a recognition

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program; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 343. By Representatives Collins of the 27th, Chambers of the 81st, Martin of the 47th, Hamilton of the 23rd, Day of the 163rd and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to create civilian weight inspectors for motor carriers; to provide for powers and duties; to provide for restrictions of power; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 434. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th:
A BILL to be entitled an Act to amend an Act providing for homestead exemptions from certain Unified Government of Athens-Clarke County ad valorem taxes for Unified Government purposes and certain Clarke County school district ad valorem taxes for educational purposes approved April 13, 1992 (Ga. L. 1992, p. 6241), so as to change the definition of homestead for purposes of such exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 436. By Representative Parsons of the 42nd:
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 eliminate certain reports; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 449. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th:
A BILL to be entitled an Act to amend an Act providing for a homestead exemption from certain Clarke County school district ad valorem taxes for

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educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead for certain residents of that school district who are 65 years of age or older approved April 25, 2002 (Ga. L. 2002, p. 5009), so as to change the definition of homestead for purposes of such exemption; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 496. By Representatives Hill of the 21st, Byrd of the 20th, Jerguson of the 22nd and Hamilton of the 23rd:
A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Woodstock; 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 an effective date; to repeal conflicting laws; and for other purposes.
HB 564. By Representatives McCall of the 30th and Benton of the 31st:
A BILL to be entitled an Act to provide a new charter for the City of Nicholson; 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 an effective date; to repeal conflicting laws; and for other purposes.
HB 577. By Representatives Lane of the 158th and Stephens of the 164th:
A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), as amended, so as to provide for compensation of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

HB 588. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Broxton, Georgia, located in the County of Coffee, approved April 6, 1981 (Ga. L. 1981, p. 3597), as amended, so as to revise the method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 589. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to reincorporate the City of Pearson in the County of Atkinson, approved March 29, 1971 (Ga. L. 1971, p. 2266), as amended, so as to revise the method of filling vacancies; to provide for submission 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 590. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to incorporate the City of Ambrose in Coffee County, approved March 4, 1955 (Ga. L. 1955, p. 2662), as amended, so as to revise the method of filling vacancies; to provide for election dates; to provide for terms of office; to provide for an oath of office; to provide for meetings; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 592. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to provide and establish a new charter for the Town of Nicholls, in the County of Coffee, approved August 16, 1920 (Ga. L. 1920, p. 1329), as amended, so as to revise the manner of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 594. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, particularly by an Act approved March 25, 1980 (Ga. L. 1980, p. 3941), so as to revise the method of filling vacancies; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.

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HB 596. By Representatives Hill of the 21st, Hamilton of the 23rd, Jerguson of the 22nd and Byrd of the 20th:
A BILL to be entitled an Act to authorize the governing authority of the City of Woodstock to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 670. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend an Act creating the Clayton-Rabun County Water and Sewer Authority, approved April 17, 1992 (Ga. L. 1992, p. 6403), so as to provide for membership for such authority; to provide for certain residential requirements to qualify for such membership; to provide for terms; to provide for a procedure for selecting a chairman and vice chairman for such authority; to provide that a unanimous vote is required to approve certain issues; to provide for certain preconditions in order to authorize certain projects; to provide for ownership of certain projects; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 685. By Representatives Epps of the 128th and James of the 135th:
A BILL to be entitled an Act to create the Manchester Public Utilities Authority and to provide for the appointment of members of the authority; to confer powers upon the authority; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges and earnings of the authority, contract payments to the authority and from other moneys pledged therefor and to authorize the collection and pledging of the revenues, tolls, fees, charges, earnings and contract payments of the authority for the payment of such revenue bonds; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 687. By Representatives Davis of the 109th, Yates of the 73rd, Mayo of the 91st, Lunsford of the 110th, Baker of the 78th and others:
A BILL to be entitled an Act to amend an Act providing for the Henry County Board of Elections and Registration, approved May 3, 2006 (Ga. L. 2006, p. 4062), so as to provide for terms for the membership of such board; to provide for the location of such board; to provide for related matters; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

HB 688. By Representatives Davis of the 109th, Yates of the 73rd, Baker of the 78th, Lunsford of the 110th, Mayo of the 91st and others:
A BILL to be entitled an Act to amend an Act entitled "An Act to make provisions for the Magistrate Court of Henry County," approved March 10, 1988 (Ga. L. 1988, p. 3849), as amended, so as to provide for the election and qualification of the chief magistrate of Henry County; to provide for the appointment and qualification of magistrates other than the chief magistrate; to provide for applicability; to repeal conflicting laws; and for other purposes.
HB 689. By Representatives Davis of the 109th, Yates of the 73rd, Mayo of the 91st, Lunsford of the 110th, Baker of the 78th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Henry County, approved March 27, 1998 (Ga. L. 1998, p. 3954), as amended, so as to provide that the solicitor-general of such court and his or her investigators shall have arrest powers and law enforcement authority; to provide for conditions; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 80. By Senators Bulloch of the 11th, Crosby of the 13th, Hooks of the 14th, Tolleson of the 20th, Hudgens of the 47th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; 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 264. By Senator Grant of the 25th:
A BILL to be entitled an Act to amend an Act to make provisions for the Magistrate Court of Jasper County, approved March 12, 1984 (Ga. L. 1984,

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3509

p. 3785), as amended, so as to provide that the clerk of the Superior Court of Jasper County shall serve as the clerk of the magistrate court; to provide for the appointment of a clerk of the magistrate court in the event that the clerk of superior court chooses not serve as such clerk; to provide for the compensation of such clerk; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

SB 265. By Senator Grant of the 25th:

A BILL to be entitled an Act to create the Public Facilities Authority of the City of Milledgeville and Baldwin County; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their sale, and use of proceeds from such sales; 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.

Representative Porter of the 143rd moved that the House reconsider its action in failing to adopt the following Resolution of the House:

HR 673. By Representatives Heard of the 114th, Murphy of the 120th, Smyre of the 132nd, Heckstall of the 62nd, Randall of the 138th and others:

A RESOLUTION honoring President Barack Obama on becoming the 44th President of the United States and recognizing President Barack Obama as an honorary lifetime member of the Georgia Legislative Black Caucus; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard

Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs
Dollar

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt E Horne Y Houston Y Howard

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows

Rynders Y Scott, A
Scott, M Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B

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JOURNAL OF THE HOUSE

Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y 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, D Y Collins, T Y Cooper Y Cox

Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner
Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Mangham

On the motion, the ayes were 143, nays 2.

Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Sims, C Sinkfield
Y Smith, B Smith, L
Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet
Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

The following Resolution of the House was referred to the Committee on Rules:

HR 673. By Representatives Heard of the 114th, Murphy of the 120th, Smyre of the 132nd, Heckstall of the 62nd, Randall of the 138th and others:

A RESOLUTION honoring President Barack Obama on becoming the 44th President of the United States and recognizing President Barack Obama as an honorary lifetime member of the Georgia Legislative Black Caucus; and for other purposes.

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

Porter of the 143rd and Hill of the 21st.

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

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3511

HR 183. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending the 2007 Child Fatality Review Panel of the Year from Cherokee County and inviting them to appear before the House of Representatives; and for other purposes.
HR 184. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending Mr. Grover Tuten and inviting him to appear before the House of Representatives; and for other purposes.
HR 283. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending Mr. James Harris and inviting him to appear before the House of Representatives; and for other purposes.
HR 674. By Representatives Yates of the 73rd, Everson of the 106th, Sellier of the 136th, Abrams of the 84th, Day of the 163rd and others:
A RESOLUTION commending Georgia's National Guard troops; recognizing March 5, 2009, as National Guard Day at the state capitol; inviting Major General William T. Nesbitt 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 43. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, relating to boll weevil eradication, so as to change certain provisions relating to definitions; to change certain provisions relating to the assessment for suppression and eradication programs and conditions of assessments; to change certain provisions relating to penalties; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

3512

JOURNAL OF THE HOUSE

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J
Everson Y Floyd Y Fludd Y Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 159, nays 0.

Rynders Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Thomas Y Thompson Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Yates Richardson, Speaker

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

By unanimous consent, the following Resolution of the House was read and adopted:

HR 678. By Representatives Stephens of the 161st, Gordon of the 162nd, Long of the 61st, Mayo of the 91st, Day of the 163rd and others:

A RESOLUTION recognizing and commending Mrs. Mary D. Stewart; and for other purposes.

By unanimous consent, the following Resolution of the House was read and adopted:

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3513

HR 679. By Representatives Stephens of the 161st, Gordon of the 162nd, Long of the 61st, Mayo of the 91st, Day of the 163rd and others:
A RESOLUTION recognizing and commending DNC Executives, LLC; and for other purposes.
By unanimous consent, the following Resolution of the House was read and adopted:
HR 680. By Representative Fludd of the 66th:
A RESOLUTION honoring the life and memory of Mr. George W. Thompson; and for other purposes.
By unanimous consent, the following Resolution of the House was read and adopted:
HR 681. By Representative Levitas of the 82nd:
A RESOLUTION recognizing and commending Dennis Walton, Jr.; and for other purposes.
By unanimous consent, the following Resolution of the House was read and adopted:
HR 682. By Representative Smith of the 131st:
A RESOLUTION celebrating the life and memory of Deen Justin Smith; and for other purposes.
By unanimous consent, the following Resolution of the House was read and adopted:
HR 683. By Representative Allison of the 8th:
A RESOLUTION commending the Blairsville Scottish Festival and Highland Games; and for other purposes.
By unanimous consent, the following Resolutions of the House were read and adopted:
HR 670. By Representatives Bruce of the 64th, Sinkfield of the 60th, Long of the 61st, Taylor of the 55th, Brooks of the 63rd and others:
A RESOLUTION recognizing and commending Honorable Shirley Franklin, Mayor of the City of Atlanta; and for other purposes.

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JOURNAL OF THE HOUSE

HR 684. By Representatives Coan of the 101st, Burkhalter of the 50th, Keen of the 179th, Richardson of the 19th and Reese of the 98th:
A RESOLUTION honoring the life and memory of Mr. Alan Fahring; and for other purposes.
HR 685. By Representatives Cole of the 125th and Powell of the 171st:
A RESOLUTION recognizing March 27, 2009, as Boys & Girls Club Day at the state capitol; and for other purposes.
HR 686. By Representative Carter of the 159th:
A RESOLUTION honoring the life and memory of Mr. George Eugene Smith; and for other purposes.
HR 687. By Representative Jones of the 44th:
A RESOLUTION recognizing and commending Lieutenant Commander Grady Damon Dunn on the occasion of his retirement; and for other purposes.
HR 688. By Representatives Reese of the 98th, Mills of the 25th and Coan of the 101st:
A RESOLUTION congratulating the Buford High School Lady Wolves basketball team for winning the 2009 Class AA State Championship; and for other purposes.
HR 689. By Representative Carter of the 159th:
A RESOLUTION recognizing and commending Mount Carmel Deliverance Center; and for other purposes.
HR 690. By Representatives Rice of the 51st, Chambers of the 81st, Greene of the 149th, Manning of the 32nd, Coan of the 101st and others:
A RESOLUTION recognizing and commending Mr. Steven Levetan on being named the Senator Steve Reynolds Man of the Year by Keep Georgia Beautiful and the Georgia Department of Community Affairs; and for other purposes.

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3515

HR 691. By Representatives Smyre of the 132nd, Sellier of the 136th and James of the 135th:
A RESOLUTION recognizing and commending the Fort Valley State University Lady Wildcats basketball team; and for other purposes.
HR 692. By Representatives Bruce of the 64th, Long of the 61st, Mayo of the 91st, Glanton of the 76th, Gordon of the 162nd and others:
A RESOLUTION recognizing and commending the National Black MBA Association, Inc., and its Atlanta Chapter; and for other purposes.
HR 693. By Representative Mills of the 25th:
A RESOLUTION recognizing and commending high school wrestler Danny Bell on winning the Class AAA State Championship; and for other purposes.
HR 694. By Representative Mills of the 25th:
A RESOLUTION recognizing and commending the Flowery Branch High School wrestling team; and for other purposes.
HR 695. By Representatives Sims of the 119th, Burkhalter of the 50th and Murphy of the 120th:
A RESOLUTION honoring and celebrating the 90th birthday of Honorable Atticus Jerome "Jack" Connell, Jr.; and for other purposes.
HR 696. By Representatives Brooks of the 63rd, Abdul-Salaam of the 74th, Frazier of the 123rd, Mitchell of the 88th, Williams of the 165th and others:
A RESOLUTION recognizing and commending Civil Rights Movement pioneer Ms. Claudette Colvin; and for other purposes.
HR 697. By Representative Cheokas of the 134th:
A RESOLUTION honoring the life and memory of Mrs. Alice Walker Coffin Grill; and for other purposes.
HR 698. By Representative Smith of the 113th:
A RESOLUTION honoring the life and memory of Mr. James Harold Parsons; and for other purposes.

3516

JOURNAL OF THE HOUSE

HR 699. By Representative Dobbs of the 53rd:
A RESOLUTION honoring and celebrating the 90th birthday of Mrs. G.G. Gunter; and for other purposes.
HR 700. By Representatives Ashe of the 56th, Stephens of the 161st, Jordan of the 77th, Smyre of the 132nd, Dooley of the 38th and others:
A RESOLUTION honoring and celebrating the 90th birthday of Ms. Ellen Smith Martin; and for other purposes.
HR 701. By Representatives Ashe of the 56th, Taylor of the 55th, Bruce of the 64th, Gardner of the 57th, Porter of the 143rd and others:
A RESOLUTION recognizing and commending Frank Taylor for all that he has done for the state of Georgia; and for other purposes.
HR 702. By Representative Epps of the 140th:
A RESOLUTION commending the Jones County Leadership Group 2009; and for other purposes.
HR 703. By Representative Epps of the 140th:
A RESOLUTION commending the Twiggs County Leadership Group 2009; and for other purposes.
HR 704. By Representative Epps of the 140th:
A RESOLUTION commending the Wilkinson County Leadership Group 2009; and for other purposes.
HR 705. By Representative Epps of the 140th:
A RESOLUTION commending the Reaching for Excellence on Academic and Creative Horizons (REACH) students of Porter Elementary and recognizing their visit to the state capitol; and for other purposes.
HR 706. By Representative Manning of the 32nd:
A RESOLUTION recognizing and commending Ms. Ashlie Margaret Wilson; and for other purposes.

FRIDAY, MARCH 20, 2009

3517

HR 707. By Representatives Beasley-Teague of the 65th, Fludd of the 66th, Greene of the 149th, Lucas of the 139th and Brooks of the 63rd:
A RESOLUTION recognizing and commending Mr. G. Duke Beasley; and for other purposes.
HR 708. By Representatives Yates of the 73rd, Everson of the 106th, Sellier of the 136th, Abrams of the 84th, Day of the 163rd and others:
A RESOLUTION recognizing Friday, September 18, 2009, as POW MIA Recognition Day at the state capitol; and for other purposes.
HR 709. By Representative Glanton of the 76th:
A RESOLUTION congratulating the Jonesboro High School Lady Cardinals basketball team on placing second in the 2009 Class AAAA State Championship; and for other purposes.
HR 710. By Representatives Smith of the 113th, Channell of the 116th, Shaw of the 176th, Parrish of the 156th, Richardson of the 19th and others:
A RESOLUTION recognizing and commending the Honorable Richard Royal; and for other purposes.
HR 711. By Representative Neal of the 1st:
A RESOLUTION recognizing and commending Sam Clayton; and for other purposes.
HR 712. By Representative Buckner of the 130th:
A RESOLUTION honoring the life and memory of Mr. John Thomas "Man" Crouch; and for other purposes.
HR 713. By Representatives Rogers of the 26th, Collins of the 27th, Mills of the 25th and Benton of the 31st:
A RESOLUTION honoring the like and memory of Mrs. Amy Julia Moore Talley; and for other purposes.
HR 714. By Representatives Byrd of the 20th, Hill of the 21st, Jerguson of the 22nd and Hamilton of the 23rd:

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JOURNAL OF THE HOUSE

A RESOLUTION recognizing the Dixie Speedway of Woodstock, Georgia, on its 40th Anniversary race and recognizing May 23, 2009, as Dixie Speedway Day; and for other purposes.
HR 715. By Representatives Byrd of the 20th, Greene of the 149th, Wilkinson of the 52nd, Hill of the 21st, Anderson of the 117th and others:
A RESOLUTION expressing cultural, economic, and educational cooperation with the Peoples Republic of China and recognizing March 17, 2009, as China Day at the state capitol; and for other purposes.
HR 716. By Representatives Drenner of the 86th, Benfield of the 85th, Gardner of the 57th, Thomas of the 100th, Dobbs of the 53rd and others:
A RESOLUTION recognizing Saturday, March 28, 2009, from 8:30 P.M. to 9:30 P.M. as Earth Hour; and for other purposes.
HR 717. By Representatives Beasley-Teague of the 65th, Taylor of the 55th, Greene of the 149th, Davis of the 122nd, Jones of the 44th and others:
A RESOLUTION recognizing March, 2009, as Women's History Month at the state capitol; and for other purposes.
HR 718. By Representative Byrd of the 20th:
A RESOLUTION recognizing and commending Zachary Frey, outstanding Georgia citizen; and for other purposes.
HR 719. By Representatives Gordon of the 162nd, Stephens of the 161st, Day of the 163rd, Carter of the 159th, Bryant of the 160th and others:
A RESOLUTION recognizing and commending Chief Justice Leah Ward Sears on the occasion of her retirement form the Supreme Court of Georgia; and for other purposes.
HR 720. By Representatives Gordon of the 162nd, Stephens of the 161st, Day of the 163rd, Carter of the 159th, Bryant of the 160th and others:
A RESOLUTION recognizing and commending Dr. Carlton E. Brown; and for other purposes.
HR 721. By Representatives Benfield of the 85th, Abrams of the 84th, Oliver of the 83rd and Henson of the 87th:

FRIDAY, MARCH 20, 2009

3519

A RESOLUTION congratulating the Fernbank Elementary School chess team; and for other purposes.
HR 722. By Representatives Benfield of the 85th, Henson of the 87th, Drenner of the 86th, Abrams of the 84th and Williams of the 89th:
A RESOLUTION recognizing and commending the House of Grace Health Care Clinic and its founder, Reverend Terrance Gattis; and for other purposes.
HR 723. By Representatives Dooley of the 38th and Morris of the 155th:
A RESOLUTION commending Jennifer Beckum Irvin, the 2010 Toombs County High School Teacher of the Year and a finalist for the 2010 Georgia Teacher of the Year; and for other purposes.
HR 724. By Representatives Dooley of the 38th, Benton of the 31st and McCall of the 30th:
A RESOLUTION commending Sandy Akin, the 2010 Jackson County High School Teacher of the Year and a finalist for the 2010 Georgia Teacher of the Year; and for other purposes.
HR 725. By Representatives Dooley of the 38th and Hill of the 180th:
A RESOLUTION commending Mark Lang, the Camden County Middle School Teacher of the Year and a finalist for 2010 Georgia Teacher of the Year; and for other purposes.
HR 726. By Representatives Dooley of the 38th, Manning of the 32nd and Teilhet of the 40th:
A RESOLUTION commending Katie Wood, the 2010 Marietta City Middle School Teacher of the Year and a finalist for 2010 Georgia Teacher of the Year; and for other purposes.
HR 727. By Representatives Dooley of the 38th, Amerson of the 9th, Hamilton of the 23rd and Knox of the 24th:
A RESOLUTION commending Suzy Besson-Martilotta, the 2010 Forsythe County Elementary School Teacher of the Year and a finalist for 2010 Georgia Teacher of the Year; and for other purposes.

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HR 728. By Representatives Dooley of the 38th, Harbin of the 118th, Anderson of the 117th and Sims of the 119th:
A RESOLUTION commending Michele Rigsby, the 2010 Columbia County Elementary School Teacher of the Year and a finalist for 2010 Georgia Teacher of the Year; and for other purposes.
HR 729. By Representatives Dooley of the 38th, Black of the 174th, Shaw of the 176th and Carter of the 175th:
A RESOLUTION commending Krista Pearson, the 2010 Lowndes County High School Teacher of the Year and a finalist for 2010 Georgia Teacher of the Year; and for other purposes.
HR 730. By Representatives Dooley of the 38th, Powell of the 171st, Houston of the 170th and Rynders of the 152nd:
A RESOLUTION commending Gwen Desselle, the 2010 Colquitt County High School Teacher of the Year and a finalist for 2010 Georgia Teacher of the Year; and for other purposes.
HR 731. By Representatives Dooley of the 38th, Lane of the 158th, Parrish of the 156th and Burns of the 157th:
A RESOLUTION commending Tiffany Todd, the 2010 Bulloch County High School Teacher of the Year and a finalist for 2010 Georgia Teacher of the Year; and for other purposes.
HR 732. By Representatives Dooley of the 38th, Battles of the 15th, Graves of the 12th and Loudermilk of the 14th:
A RESOLUTION commending Leanne Maule, the 2009 Cartersville High School Teacher of the Year and the 2009 Georgia Teacher of the Year; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
SB 193. By Senators Grant of the 25th, Williams of the 19th, Hill of the 4th, Golden of the 8th, Seay of the 34th and others:

FRIDAY, MARCH 20, 2009

3521

A BILL to be entitled an Act to amend Code Section 17-10-6.1 of the Official Code of Georgia Annotated, relating to punishment for serious violent offenders, so as to authorize the Department of Corrections to consider certain offenders for participation in a transitional center or work release program during the offender's final year of incarceration, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar
Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 166, nays 0.

Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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The Bill, having received the requisite constitutional majority, was passed.
HR 161. By Representatives Hugley of the 133rd, Epps of the 128th, Benfield of the 85th, Brooks of the 63rd, Millar of the 79th and others:
A RESOLUTION compensating Mr. John Jerome White; and for other purposes.
The following Committee substitute was read:
A RESOLUTION
Compensating Mr. John Jerome White; and for other purposes.
WHEREAS, in 1979, a man forcibly entered the home of a 74 year-old woman in Meriwether County and robbed, beat, and raped her; and
WHEREAS, a young man named Mr. John Jerome White was convicted of the crimes, largely on eyewitness testimony, and sentenced to life in prison; and
WHEREAS, he was paroled in 1990, but subsequent convictions caused him to be returned to prison to serve out the life sentence; and
WHEREAS, DNA tests conducted at the urging of the Georgia Innocence Project led authorities to identify the actual perpetrator of the crimes, a man with whom law enforcement was familiar and who was in the lineup at the time the witness mistakenly identified Mr. White as the perpetrator; and
WHEREAS, on December 10, 2007, Mr. White was released after his 1979 indictment was nol-prossed; and
WHEREAS, Mr. White, now 48 years old, lost almost three decades of his life and is now the longest serving of the nation's exonerees due to post-conviction DNA testing; and
WHEREAS, Mr. White has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his 28 years of incarceration and expenses in trying to prove his innocence totaling $3 million; and
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. White, and it is only fitting and proper that he be compensated for his loss.

FRIDAY, MARCH 20, 2009

3523

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 $709,090.00, to be paid out in a 20 year annuity to Mr. John Jerome White 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.

BE IT FURTHER RESOLVED that all payments and all obligations of the state for any and all future payments for such annuity shall cease upon the date of death of the beneficiary, Mr. John Jerome White, and no such annuity shall be assignable under any circumstances. All payments shall cease upon any further felony conviction.

Representative Bearden of the 68th moved that HR 161 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam N Abrams N Allison N Amerson N Anderson N Ashe Y Austin
Baker Y Barnard N Battles Y Bearden N Beasley-Teague N Benfield Y Benton
Black N Brooks N Bruce N Bryant N Buckner N Burkhalter
Burns Butler Y Byrd N Carter, A N Carter, B N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman E Collins, D N Collins, T N Cooper Y Cox

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler N Day N Dempsey E Dickson N Dobbs N Dollar
Dooley N Drenner N Dukes
Ehrhart Y England N Epps, C N Epps, J N Everson N Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner
Geisinger N Glanton N Golick N Gordon Y Graves N Greene N Hamilton E Hanner E Harbin N Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall N Hembree N Henson N Hill, C N Hill, C.A Y Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C N Johnson, T N Jones, J N Jones, S N Jordan N Kaiser N Keen N Keown N Knight N Knox Y Lane, B Y Lane, R Y Levitas E Lindsey N Long Y Loudermilk N Lucas
Lunsford N Maddox, B Y Maddox, G N Mangham

Manning N Marin E Martin Y Maxwell N May N Mayo
McCall N McKillip Y Meadows N Millar Y Mills N Mitchell N Morgan Y Morris E Mosby N Murphy N Neal N Nix N Oliver N O'Neal N Parham N Parrish N Parsons N Peake N Porter N Powell, A N Powell, J
Pruett Y Ralston N Ramsey N Randall N Reece
Reese N Rice N Roberts N Rogers

N Rynders N Scott, A Y Scott, M
Sellier Y Setzler
Shaw N Sheldon N Shipp N Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, L N Smith, R N Smith, T N Smith, V E Smyre N Stephens, M Y Stephens, R N Stephenson N Talton N Taylor E Teilhet N Thomas N Thompson
Walker N Weldon N Wilkinson N Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix N Yates
Richardson, Speaker

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On the motion, the ayes were 32, nays 122.

The motion was lost.

The Committee substitute was adopted.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson N Anderson Y Ashe N Austin
Baker N Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield N Benton
Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter N Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman E Collins, D Y Collins, T Y Cooper N Cox

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs
Dollar Dooley Y Drenner Y Dukes Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton E Hanner E Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James 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 N Lane, R N Levitas E Lindsey Y Long N Loudermilk Y Lucas
Lunsford Y Maddox, B N Maddox, G Y Mangham

Y Manning Y Marin Y Martin N Maxwell N May Y Mayo N McCall Y McKillip N Meadows Y Millar N Mills Y Mitchell Y Morgan N Morris E Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers

Rynders N Scott, A N Scott, M
Sellier N Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson
Walker N Weldon 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 122, nays 34.

FRIDAY, MARCH 20, 2009

3525

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Representative Allison of the 8th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Davis of the 109th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HR 161.
SR 333. By Senators Powell of the 23rd, Tolleson of the 20th, Tarver of the 22nd, Jackson of the 24th, Hudgens of the 47th and others:
A RESOLUTION honoring the memory of the late Lamar Mobley by naming a barn on the Di-Lane Plantation Wildlife Management Area after him; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Honoring certain outstanding Georgia citizens and designating certain state facilities in their memory; and for other purposes.
PART I. WHEREAS, the memory of the late Lamar Mobley would be well served by naming a barn on the Di-Lane Plantation Wildlife Management Area after him; and
WHEREAS, it is fitting and proper to honor the memory of the late Lamar Mobley by naming a state building after him.
PART II. WHEREAS, the memory of the late Johnny McGlamery would be well served by naming the Region 5, Statesboro office of the Georgia Bureau of Investigation after him; and
WHEREAS, Johnny McGlamery served the citizens of this State above and beyond the call of duty as a GBI agent and, for many years, as the Senior Inspector of the Region 5 Statesboro office of the Georgia Bureau of Investigation; and
WHEREAS, it is fitting and proper to honor the memory of this outstanding and dedicated public servant by naming a state building after him.

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PART III. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the barn located on the Di-Lane Plantation Wildlife Management Area is hereby designated as the Lamar Mobley Memorial Barn, and the Department of Natural Resources is authorized and directed to erect or attach a sign or plaque indicating the same.

BE IT FURTHER RESOLVED that the Region 5, Statesboro office of the Georgia Bureau of Investigation is hereby designated as the Johnny McGlamery Office, and the Georgia Bureau of Investigation is authorized and directed to erect or attach a sign or plaque indicating the same.

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 Natural Resources, the Board of Public Safety, the Georgia Bureau of Investigation, and the families of Lamar Mobley and Johnny McGlamery.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson
Ashe Y Austin
Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day
Dempsey E Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England Y Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris E Mosby Y Murphy Y Neal
Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker

FRIDAY, MARCH 20, 2009

3527

Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman E Collins, D Y Collins, T Y Cooper Y Cox

Y Gordon Y Graves Y Greene Y Hamilton E Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Powell, J Pruett
Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice
Roberts Y Rogers

Y Weldon 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, by substitute, the ayes were 158, nays 1.

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

Representative Millar of the 79th stated that 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 177. By Senators Heath of the 31st and Murphy of the 27th:

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 appellate court judges who become members of the Employees' Retirement System of Georgia, persons who become members of the Georgia Legislative Retirement System, and persons who become members of the Georgia Judicial Retirement System on or after July 1, 2009, shall not be entitled to certain group term life insurance benefits; to repeal conflicting laws; and for other purposes.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day
Dempsey E Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L

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Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y England Y Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton E Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

James 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 Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Morris E Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 162, nays 0.

Y Smith, R Y Smith, T Y Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor E Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 23, 2009, and the motion prevailed.

Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 23, 2009.

MONDAY, MARCH 23, 2009

3529

Representative Hall, Atlanta, Georgia

Monday, March 23, 2009

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 Allison Amerson Anderson Ashe Baker Barnard Battles E Beasley-Teague Benfield Benton Black Brooks Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T

Cooper Cox Crawford Davis, H Davis, S E Dawkins-Haigler Dempsey Dickson Dobbs Dollar Dooley Drenner Ehrhart England Epps, C Epps, J Everson Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Harden, B

Harden, M Heard Hembree E Henson Hill, C Hill, C.A Holt Houston Hugley Jacobs Jerguson Johnson, T Jones, J E Jones, S Kaiser Keen Keown Knight Knox Lane, B Lane, R Levitas Lindsey Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning

Marin Martin Maxwell May Mayo McCall McKillip Meadows Mills Mitchell Morgan Mosby Murphy Neal Nix O'Neal Parrish Peake Porter Powell, A Powell, J Pruett Ramsey E Randall Reece Reese Rice Roberts Rogers

Rynders Scott, A Sellier Setzler Shaw Sims, B Sims, C Sinkfield Smith, B Smith, R Smith, T Smith, V Smyre Stephens, M Stephens, R E Stephenson Talton Taylor Teilhet Thomas Thompson 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 Austin of the 10th, Bearden of the 68th, Bruce of the 64th, Cole of the 125th, Day of the 163rd, Dukes of the 150th, Golick of the 34th, Hatfield of the 177th, Horne of the 71st, Hudson of the 124th, Jackson of the 142nd, Johnson of the 75th, Jordan of the 77th, Long of the 61st, Lucas of the 139th, Millar of the 79th, Morris of the 155th, Oliver of the 83rd, Parham of the 141st, Parsons of the 42nd, Ralston of the 7th, Sheldon of the 105th, Shipp of the 58th, Smith of the 70th, and Walker of the 107th.

They wish to be recorded as present.

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Prayer was offered by Reverend Jason Hatchett, Tallapoosa First Baptist Church, Tallapoosa, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 788. By Representative Knox of the 24th:
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 provide for methods for euthanasia of animals; to provide requirements for persons authorized to euthanize animals; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Science and Technology.

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3531

HB 789. By Representative Chambers of the 81st:
A BILL to be entitled an Act to authorize the City of Doraville 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 790. By Representative Chambers of the 81st:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Doraville, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, particularly by an Act approved March 10, 1983 (Ga. L. 1983, p. 3581), so as to provide municipal judges with certain authorities regarding the sentencing of local offenders; to provide for the selection of the mayor-pro tem; to provide for municipal elections; to provide for appeals procedure for municipal court decisions; to provide that the city attorney may not serve as the municipal court judge; to provide for qualifying fees for municipal office; to provide for municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 792. By Representatives Murphy of the 120th, Thomas of the 100th, Crawford of the 16th, Drenner of the 86th and Benfield of the 85th:
A BILL to be entitled an Act to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the uniform rules of the road, so as to require owners of vehicles used to transport aggregate materials to clearly identify their vehicles; 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 793. By Representative Sims of the 169th:
A BILL to be entitled an Act to create the City of Pearson Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of

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the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for a principal office; to provide for validation; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 794. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to create an amended charter for the Town of Willacoochee, in the County of Atkinson, and to reincorporate said town as a city, and define its territorial limits, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to deannex certain property from the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 795. 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, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 12, 2008 (Ga. L. 2008, p. 3774), so as to provide for staggered terms of office for chairperson and commissioners; to provide for implementation of such terms of office; to revise the requirements regarding the publication of receipts, expenditures, and disbursements; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 796. By Representative Sellier of the 136th:
A BILL to be entitled an Act to amend an Act to create the Byron Convention and Visitors Bureau Authority, approved April 4, 1997 (Ga. L. 1997, p. 3921), so as to change the composition of the authority; to change the manner of appointment; to provide for terms; to provide for staff; to

MONDAY, MARCH 23, 2009

3533

provide for meetings; to provide for duties; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 797. 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 provide for an advisory referendum election to be held in Brantley County for the purpose of ascertaining if a change in the form of government of Brantley County is desired by the people of said county; 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.
HB 798. By Representative Lane of the 167th:
A BILL to be entitled an Act to create a board of elections and registration for Long 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 qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act 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 799. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Carnesville, approved April 13, 2001 (Ga. L. 3834), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3606), so as to exchange the corporate boundaries of the city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 800. By Representatives Rynders of the 152nd and Fullerton of the 151st:
A BILL to be entitled an Act to provide for the consolidation and unification of the existing governments of the City of Albany and Dougherty County, Georgia; to provide for the creation of the consolidated and unified government of Albany-Dougherty County, Georgia; to provide for the status, boundaries, and powers of the consolidated and unified government; to provide for the form of, administration of, and affairs of the consolidated and unified government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for a referendum election with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 801. By Representatives Rogers of the 26th, Mills of the 25th and Collins of the 27th:
A BILL to be entitled an Act to amend an Act creating the Gainesville Redevelopment Authority, approved March 24, 1978 (Ga. L. 1978, p. 4440), so as to modify the composition and organization of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 802. By Representatives Rogers of the 26th, Mills of the 25th and Collins of the 27th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Gainesville to select its mayor by city-wide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 803. By Representatives Rogers of the 26th, Mills of the 25th and Collins of the 27th:
A BILL to be entitled an Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly

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should enact legislation authorizing the City of Gainesville to elect its chairperson of the board of education by city-wide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 733. By Representatives Rogers of the 26th, Mills of the 25th, Collins of the 27th and Benton of the 31st:
A RESOLUTION recognizing and commending the Spring Chicken Festival and Chicken City Cook Off and designating the Hall County event as the official chicken cookoff for the State of Georgia; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
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 804. By Representatives Peake of the 137th, Sellier of the 136th and Epps of the 140th:
A BILL to be entitled an Act to authorize the governing authority of Bibb County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 805. By Representatives Peake of the 137th, Epps of the 140th and Cole of the 125th:
A BILL to be entitled an Act to authorize the governing authority of the City of Macon to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

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HB 806. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act creating the Gilmer County Kids Kottage Commission, approved May 14, 2008 (Ga. L. 2008, p. 4459), so as to change the number and composition of the membership; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 807. By Representatives Lucas of the 139th, Epps of the 140th and Randall of the 138th:
A BILL to be entitled an Act to authorize the governing authority of the City of Macon to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 808. 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), by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4278), so as to revise the manner of selection of the members of the authority; to revise the manner of tabulating the votes for 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.
HB 809. By Representatives O`Neal of the 146th, Harden of the 147th, Sellier of the 136th and Talton of the 145th:
A BILL to be entitled an Act to create the Warner Robins Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to

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provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for exemptions from taxation; to provide for tort immunity; to provito repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

HB 810. By Representative Holt of the 112th:

A BILL to be entitled an Act to authorize the governing authority of the City of Covington to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

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

HB 772 HB 773 HB 774 HB 775 HB 776 HB 777 HB 778 HB 780 HB 781 HB 782 HB 783

HB 784 HB 785 HB 786 HB 787 HB 791 HR 672 HR 675 HR 676 HR 677 SB 264 SB 265

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

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HR 583 Do Pass HR 622 Do Pass

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

Representative Houston of the 170th 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 158 Do Pass, by Substitute

Respectfully submitted, /s/ Houston of the 170th
Chairman

Representative Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

Your Committee on Health and Human Services has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 104 SB 159 SR 257

Do Pass, by Substitute Do Pass Do Pass

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:

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

SB 165 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 has instructed me to report the same back to the House with the following recommendations:

HB 706 HB 710 HB 756 HB 763

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

HB 765 HB 766 HB 769 HB 770

Do Pass Do Pass Do Pass Do Pass

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

Representative Golick of the 34th 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 4 SB 69

Do Pass Do Pass

Respectfully submitted, /s/ Golick of the 34th
Chairman

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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 471 HR 494 HR 533

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

HR 578 SB 155 SB 198

Do Pass Do Pass, by Substitute Do Pass

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

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

HOUSE RULES CALENDAR MONDAY, MARCH 23, 2009

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 122 SR 294

State Employees Insurance; divide the Georgia Retiree Health Benefit Funds into two funds; define certain terms (Ret-Channell-116th) Goggans7th Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett (Substitute)(SI&P-Barnard-166th) Grant-25th

Modified Open Rule

SB 123

Pharmacy Benefits Managers; provide for regulation and licensure by the Commissioner of Insurance; definitions; license requirements/filing fees (Substitute)(Ins-Scott-153rd) Hawkins-49th

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Modified Structured Rule
None
Structured Rule
None
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 706. By Representatives Thompson of the 104th, Floyd of the 99th, Thomas of the 100th, Mitchell of the 88th, Marin of the 96th and others:
A BILL to be entitled an Act to authorize the governing authority of the City of Lawrenceville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 710. By Representatives Greene of the 149th, Powell of the 171st and Dukes of the 150th:
A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to change certain provisions relating to a definition; to change certain provisions relating to composition, terms, quorum, and voting; to change certain provisions relating to powers of the authority; to change certain provisions relating to bonds of the authority; to change certain provisions relating to rules and regulations; to change certain provisions relating to effects on powers of local governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes.

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The following Committee substitute was read and adopted:
A BILL
To amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to change certain provisions relating to a definition; to change certain provisions relating to composition, terms, quorum, and voting; to change certain provisions relating to powers of the authority; to change certain provisions relating to effects on powers of local governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), is amended by revising paragraph (3) of subsection (a) of Section 1 as follows:
"(3) 'Project' means and includes the planning, design, acquisition, construction, and equipping of communication cables, sleeves, and systems for the distribution and sale of communication services to private and public users and consumers, including but not limited to broadband, Internet, cable television, and associated services to the state, counties, and municipalities within the territorial boundaries of Baker, Calhoun, Early, Miller, Mitchell, and Seminole counties, and additions and improvements to and extensions of such facilities and the operation and maintenance of same."
SECTION 2. Said Act is further amended by revising subsections (b), (d), and (e) of Section 3 as follows:
"(b) The authority shall consist of 15 members as follows: (1) Two residents of Baker County appointed by the governing authority of Baker County; (2) Two residents of Calhoun County appointed by the governing authority of Calhoun County; (3) Two residents of Early County appointed by the governing authority of Early County; (4) Two residents of Miller County appointed by the governing authority of Miller County; (5) Two residents of Mitchell County appointed by the governing authority of Mitchell County; (5.1) Two residents of Seminole County appointed by the governing authority of Seminole County;

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(5.2) Two appointed by the governing body of the Flint River Soil and Water Conservation District; and (6) One appointed by the other members of the authority. Each member shall serve for a four-year term and until a successor is appointed and qualified, except for the members initially appointed as provided by this Act. The initial members appointed under paragraphs (1), (3), and (5) of this subsection shall serve for terms of four years each and until their successors are appointed and qualified. The initial members appointed under paragraphs (5.1) and (5.2) of this subsection shall serve for terms of four years each and until their successors are appointed and qualified. The initial members appointed under paragraphs (2), (4), and (6) of this subsection shall serve for terms of two years each and until their successors are appointed and qualified." "(d) A majority of the authority 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; provided, however, that the approval for the matters set forth in subsection (e) of this section shall require the affirmative vote of at least two-thirds of the members of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (e) The matters requiring the affirmative votes of two-thirds of the members for approval are as follows: (1) Amending the bylaws of the authority; (2) The purchase, sale, lease, exchange, or other disposition of real property; (3) Issuance of revenue obligations or revenue bonds; or (4) Authorization of projects or undertakings as those terms are defined herein and in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law.'"
SECTION 3. Said Act is further amended by revising paragraph (3) of Section 4 as follows:
"(3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, rights, or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or to dispose of the same in any manner deemed by the board to be to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided to the authority under this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the

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authority shall deem it expedient to construct any project on any lands the title to which shall then be in Baker, Calhoun, Early, Miller, Mitchell, or Seminole County, in any municipality incorporated in any such county, or in the Flint River Soil and Water Conservation District, the governing authority or body of such county or of any of such municipality or of the conservation district is hereby authorized to convey title to such lands to the authority upon payment for the credit of the general funds of such county or municipality the reasonable value of such lands. The authority shall have the nonexclusive right, easement, and franchise of laying communication cables along the highways in Baker, Calhoun, Early, Miller, Mitchell, or Seminole County, or in the corporate limits of any municipality incorporated in any such county, without cost; provided, however, that the authority shall repair all damage done by the authority by reason thereof;"
SECTION 4. Said Act is further amended by revising Section 31 as follows:
"SECTION 31. This Act does not in any way take from Baker, Calhoun, Early, Miller, Mitchell, or Seminole County or any municipality located within any such county the power to own, operate, and maintain communications systems or issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law.'"
SECTION 5. Said Act is further amended by revising Section 32 as follows:
"SECTION 32. The authority shall be immune and exempt from liability for torts and negligence to the same extent as Baker, Calhoun, Early, Miller, Mitchell, and Seminole counties; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall be immune and exempt from liability for torts and negligence to the same extent as employees of such counties."
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.
HB 756. By Representatives Shaw of the 176th and Carter of the 175th:
A BILL to be entitled an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for the powers and composition of the board of commissioners; to provide for election districts,

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qualifications, terms of office, and filling of vacancies of commissioners; to provide for submission pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a referendum, severability, contingent effective dates, and automatic repeal; to provide for the repeal of existing enabling legislation; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 763. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4454), so as to give to the chairperson of the board of commissioners a vote only in the event of a tie vote; 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 re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4454), so as to revise the chairperson of the board of commissioners duties; to give to the chairperson a vote only in the event of a tie vote; 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 re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4454), is amended by revising subsection (b) of Section 7 as follows:
"(b) It shall be the duty of the chairperson to act as presiding officer at all meetings of the board of commissioners, and he or she shall be recognized as the ceremonial head of the county government and shall have other duties as provided in this Act. In the event of the temporary absence, disqualification, or disability of the chairperson, the vice chairperson shall assume the duties of the chairperson and shall receive a per diem allowance, not less than the per diem allowance received by members of the General Assembly, for every day that the vice chairperson performs the duties of the

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chairperson. It shall be the duty of the chairperson to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decisions of the board on all subjects, and to decide all questions of order, subject however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of order. The chairperson shall not have the right to vote on any matters coming before the board except in the case of a tie vote. All commissioners including the chairperson shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in the State of Georgia, said bond to be approved by the judge of the probate court, payable to the judge of the probate court and his or her successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of said bonds shall be paid from the general funds of Bacon County."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 765. By Representatives Maddox of the 127th, Knight of the 126th, Cole of the 125th and Sellier of the 136th:
A BILL to be entitled an Act to repeal an Act creating the Lamar County Livestock and Agricultural Exposition Authority, approved March 25, 1996 (Ga. L. 1996, p. 3703), as amended, so as to dissolve such authority and repeal such Act and amendments in their entirety; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 766. By Representatives Maddox of the 127th, Knight of the 126th, Cole of the 125th and Sellier of the 136th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Lamar County pursuant to Code Section 36-7-2.1 of the O.C.G.A. and provide for the appointment of a county surveyor; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 769. 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), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3959), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 770. By Representative Nix of the 69th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Franklin, approved March 24, 1988 (Ga. L. 1988, p. 4515), so as to state legislative findings; to establish the compensation of the mayor and councilmembers of the City of Franklin for a period of time; to provide that such compensation shall thereafter be determined as provided by ordinance and general 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.
By unanimous consent, the following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 678. By Representatives Buckner of the 130th, Cheokas of the 134th and James of the 135th:
A BILL to be entitled an Act to create a board of elections and registration for Talbot 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 a registrar and the powers and duties thereof; to provide for certain expenditures of public funds; to provide for submission under Section

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5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To create a board of elections and registration for Talbot 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 a registrar and the powers and duties thereof; to provide for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Talbot County, hereinafter referred to as "the board." The board shall have the powers, duties, and responsibilities of the superintendent of elections of Talbot County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," currently being exercised by the judge of the Probate Court of Talbot County and the powers, duties, and responsibilities of the board of registrars of Talbot County under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. The terms "election," "elector," "political party," "primary," and "public office" shall have the same meanings as set forth in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," unless otherwise clearly apparent from the text of this Act; and the term "commission" means the Talbot County Board of Commissioners, and "county" means Talbot County.
SECTION 3. (a) The board shall be composed of five members, each of whom shall be an elector and resident of the county and who shall be appointed as provided in this section.

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(b) The members of the board shall be appointed by the governing authority of Talbot County. One member shall be selected by the governing authority of Talbot County to serve as chairperson of the board who shall serve as such during his or her term of office. (c) All appointments to the board shall be promptly certified by the governing authority of Talbot County to the Clerk of the Superior Court of Talbot County. (d) In making the initial appointments to the board, the members shall be appointed by the governing authority of Talbot County not later than January 1, 2010. The governing authority shall designate two of the initial appointees to serve a term beginning on January 1, 2010, and ending on December 31, 2011, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2012, and until their successors are duly appointed and qualified. The other appointees shall serve terms beginning on January 1, 2010, and ending on December 31, 2013, and until their successors are duly appointed and qualified. Successors to such members shall thereafter be appointed to serve terms of office of four years beginning January 1, 2014, and until their successors are duly appointed and qualified. Thereafter, all members shall be appointed to serve four-year terms of office. (e) The initial fifth member shall be the superintendent of elections in office immediately prior to the effective date of this Act. Such member shall serve for a term of office expiring on December 31, 2013, and until such member's successor is appointed and qualified. Subsequently, the fifth member shall be selected by the four members of the board appointed by the governing authority of Talbot County and shall serve as chairperson. In the event that the four members appointed by the political parties cannot agree on a fifth member within 30 days after taking office, such members shall submit to the chief judge of the Superior Court of Talbot County a list of not more than four names of persons eligible for such position and the chief judge shall select the fifth member from such list based upon the information and qualifications of each candidate submitted by the four members appointed by the governing authority of Talbot County. Successors shall be appointed in the same manner for a term of office of four years and until a successor is duly appointed and qualified. The fifth member shall be the election superintendent. (f) All appointments to the board shall be promptly certified to the clerk of the Superior Court of Talbot County.
SECTION 4. The registrar shall be appointed by the superintendent of elections, with the approval of the board of elections, and shall report directly to that office. The registrar, with regard to the registration of electors, shall succeed to and exercise all of the powers, duties, and responsibilities granted to and incumbent upon a registrar pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended, or any other provision of law. The registrar shall have the authority to hire such additional clerical assistants as necessary to efficiently carry out the duties and functions of the registrar's office, subject to the approval of the board of elections.

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SECTION 5. (a) No person who holds elective public office shall be eligible to serve as a member of the board during the term of such elective office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office. (b) Members of the board must be residents of Talbot County and must have been registered voters in Talbot County for a period of at least one year prior to the date of their appointment to the board. (c) No member of the board shall be related by blood or marriage closer than first cousins to any elected official in Talbot County nor shall any member of the board be an agent, an appointed official, or employee of, or work directly for, any agency of state government, Talbot County, or any municipality for which the board conducts municipal elections.
SECTION 6. The appointing authorities shall certify the appointment of each member by filing an affidavit with the clerk of the superior court no later than 15 days preceding the date upon which such members are to take office, stating the name and residential address of the person appointed and certifying such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the superior court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars.
SECTION 7. Each member of the board shall be eligible to serve consecutive terms of office, shall have the right to resign at any time by giving written notice of such resignation to the appointing authority and to the clerk of the superior court, and shall be subject to removal from the board by the appointing authority at any time, for cause, after notice and hearing.
SECTION 8. In the event a vacancy occurs in the office of any appointed member before the expiration of his or her term, by removal, death, resignation, or otherwise, the original appointing authority shall appoint a successor to serve the remainder of the unexpired term as provided for in Section 3 of this Act. The clerk of the superior court shall be notified of such interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
SECTION 9. Before entering upon the member's duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

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SECTION 10. (a) The board shall be authorized to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. The board shall be responsible for the selection, appointment, and training of poll workers in primaries and elections and such workers shall be appointed, insofar as is practicable, from lists provided to the board by the county executive committee of each political party. (b) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings and shall meet not fewer than three times per year. Any specially called meeting shall be called by the chairperson or any three members of the board. The board shall maintain a written record of policy decisions amended to include additions or deletions. Such written records shall be made available for the public to review.
SECTION 11. The board shall have the authority to contract with any municipality located within Talbot County for the holding by the board of any primary or election to be conducted within such municipality.
SECTION 12. Compensation for the members of the board, election superintendent, registrar, clerical assistants, and other employees shall be fixed by the governing authority of Talbot County. Such compensation shall be paid wholly from county funds. All such persons shall be part-time employees of Talbot County.
SECTION 13. The commission shall provide the board with such proper and suitable offices, equipment, materials, and supplies and with such clerical assistance and other employees as the commission deems appropriate.
SECTION 14. The commission shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 15. This Act shall become effective on its approval by the Governor or upon its becoming law without such approval for purposes of making initial appointments to the board only. This Act shall become fully effective on January 1, 2010.

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SECTION 16. 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:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S E Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A
Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y 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 Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey E Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon 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, and on the agreement to the Senate substitute, the ayes were 153, nays 1.

The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitute.

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

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Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 100. By Representatives Ehrhart of the 36th, Casas of the 103rd, Lunsford of the 110th and Lindsey of the 54th:
A BILL to be entitled an Act to amend Title 20 and Title 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 educational improvement and student scholarship organizations; to change certain definitions; to change certain requirements regarding operation and taxation of student scholarship organizations; to provide for criminal penalties regarding student scholarship organization requirements; to revise and change certain provisions regarding the qualified education income tax credit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
HB 226. By Representatives Cheokas of the 134th, Barnard of the 166th, Lane of the 158th, Black of the 174th, Sellier of the 136th and others:
A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 330. By Representatives Coan of the 101st, Reese of the 98th, Hamilton of the 23rd, Knox of the 24th, Marin of the 96th and others:
A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to service of decisions of an administrative law judge and decisions of the appellate division; to provide that an employee's waiver of confidentiality includes past medical history with respect to any condition or complaint related to the condition for which the employee claims compensation; to provide that final settlement payments are to be paid by the employer to a person or corporation appointed by the superior court in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 71. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to remove a defense to a charge of manufacturing, selling, or distributing false identification documents; 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:
Taylor of the 55th, Byrd of the 20th, and Dobbs of the 53rd.
By unanimous consent, the following Bill of the Senate was withdrawn from the Rules Calendar and recommitted to the Committee on Rules:
SB 123. By Senators Hawkins of the 49th, Murphy of the 27th, Hudgens of the 47th, Thomas of the 54th, Williams of the 19th 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 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 require a surety bond; to provide that a pharmacy benefits manager shall not engage in the practice of medicine; to make certain audit requirements applicable to pharmacy benefits managers; to provide that a pharmacy benefits manager shall not have to be licensed as an administrator; to provide for related matters; to repeal conflicting laws; and for other purposes.
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 Judiciary:
SB 108. By Senators Cowsert of the 46th, Pearson of the 51st, Hudgens of the 47th, Heath of the 31st, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions

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under the "Georgia Civil Practice Act," so as to provide for the recovery of attorney's fees and costs involving a motion to dismiss under certain circumstances; to provide for definitions; to provide for exceptions; to provide for notice; to provide for a stay of discovery; 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 Bill and Resolution of the Senate were taken up for consideration and read the third time:
SR 294. By Senators Grant of the 25th, Jackson of the 24th, Cowsert of the 46th, Tolleson of the 20th, Murphy of the 27th and others:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin and Wilkinson Counties, Georgia; authorizing the conveyance of any state interest in certain real property in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property in Bibb County, Georgia; authorizing the conveyance of an easement of certain state owned real property located in Camden County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; to provide an effective date; 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 Baldwin and Wilkinson Counties, Georgia; authorizing the conveyance of any state interest in certain real property in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property in Bibb County, Georgia; authorizing the conveyance of certain state owned real property located in Camden County, Georgia; authorizing the conveyance of an easement of certain state owned real property located in Cherokee County, Georgia; authorizing the conveyance of certain state owned real property located in Clarke County, Georgia; authorizing the conveyance of an easement in certain state owned real property located in Clarke County, Georgia; authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia; authorizing the conveyance of certain state owned real property located in Gordon County, Georgia; authorizing the conveyance of an easement in certain state owned real property located in Gordon County, Georgia; authorizing the conveyance of certain state owned real property located in Gwinnett County, Georgia; authorizing the conveyance of certain state owned real property located in Hancock County, Georgia; authorizing the conveyance of certain state

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owned property located in McDuffie County, Georgia; authorizing the conveyance of certain state owned real property located in Telfair County, Georgia; authorizing the conveyance of certain state owned real property in Early County, Georgia authorizing the leasing of two parcels of certain state owned real property located in Rabun County, Georgia; authorizing the conveyance by conservation easement of certain state owned real property located in Ware County, Georgia; authorizing the leasing of certain state owned real property in Baldwin County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Baldwin and Wilkinson Counties, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in GMD 328, 1714 and 115 of Baldwin and Wilkinson Counties, Georgia, containing approximately 477 acres, as shown on two plats of survey entitled Survey Property for the Fall Line Regional Development Authority dated October 31, 2006, and October 18, 2006, and being tracts A, C, E, and F prepared by Byron L. Farmer, Georgia Registered Land Surveyor #1679, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said tracts or parcels are a portion of Bartram Forest now under the custody of the Georgia Forestry Commission; (4) The Georgia Department of Transportation intends to construct the "Fall Line Freeway" which will bisect Bartram Forest and the Fall Line Regional Development Authority is desirous of constructing an industrial park at the intersection of US Highway 441 and said Fall Line Freeway; (5) It has been determined that the development of said industrial park on the abovedescribed property would be of great economic benefit to the citizens of Baldwin and Wilkinson Counties as well as the state; (6) The Georgia Forestry Commission, by letter from the director dated September 21, 2005, agrees to the conveyance to the Fall Line Regional Development Authority with the provision that Georgia Forestry Commission retains timber rights on the 477 +/- acre tracts or parcels for management and harvesting until such time as the actual conversion of the land use; (7) No conveyance shall be made until the Georgia Forestry Commission formally agrees on the exact acreage to be conveyed to the Fall Line Regional Development Authority; (8) It would be in the best interest of the State of Georgia to convey the abovedescribed property to the Fall Line Regional Development Authority for the fair market value; and

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WHEREAS: (1) The State of Georgia is the owner of a certain reversionary interest in a tract of real property located in Baldwin County, Georgia, owned by Baldwin County Hospital Authority as authorized in Resolution Act number 94 (H.R. No. 233-640) of the 1965 General Assembly and recorded at the State Properties Commission as Real Property Record number 3090; (2) Said real property interest is in a parcel of land lying and being in Land Lots 282 and 295, 318th Georgia Militia District in Baldwin County and containing approximately 32 acres as described in a deed dated July 30th, 1965, between the State of Georgia and the Baldwin County Hospital Authority and being on file in the offices of the State Properties Commission; (3) The Baldwin County Hospital Authority d/b/a Oconee Regional Medical Center has requested that the state relinquish any current or reversionary interest to the Baldwin County Hospital Authority d/b/a Oconee Regional Medical Center; (4) The above-described conveyance of a property interest is approved by the Department of Human Resources; (5) The State Properties Commission has determined this conveyance to be in the best interest of the State of Georgia; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in land lot 3 block 11 of Bibb County, and containing a total of approximately 0.617 acres as shown on a plat of survey prepared by Thomas W. Hurley dated December 4, 1997, and recorded in plat book 89 page 141, of Bibb County and as shown on a plat of survey prepared by Robert W. Hurley dated October 5, 1981, and recorded in plat book 63 page 99 of Bibb County 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 Bureau of Investigation located at Oglethorpe and Second Streets and housing the Macon Regional Drug Enforcement Office; (4) By resolution dated December 11, 2008, the Board of Public Safety declared the property surplus; (5) Bibb County has conveyed a new location for the Georgia Bureau of Investigation; (6) Bibb County is desirous of acquiring the above-described property for public a purpose; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is estimated as an approximately 1.8 acre tract of land lying and being in Land Lot 73 of the Hazzard District of Bibb County, Georgia, and as shown on a plat of survey for the conveyance from Bibb County of April 1, 1954, and of the plat for the May, 1964, deed from Bibb County titled Plat Showing Parcel D located in Land Lot 73, Hazzard District, Deeded to Bibb County by Dell D. Gledhill dated August 20, 1963, 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 known as the District Office on 5235 Columbus Road, Macon, Georgia, which was acquired from Bibb County, Georgia, by warranty deeds dated April 1, 1954, and May 1964, and recorded in the Clerk of Superior Court of Bibb County's records as Deed Books 677, Page 515 and Book 928, Page 289 respectively, and in the offices of the State Properties Commission as RPR #'s 00096 and 04710; (4) Said deeds recite that the property was conveyed for the sole purpose of use by the Grantee for forest fire protection activities and purposes, and upon abandonment of the Grantee to use the property for the purposes specified, the property, together with any improvements placed thereon by the Grantee and not removed by the Grantee shall revert to the Grantor, its successors or assigns; (5) Since October 17, 2005, the real property has not been used or occupied by the State of Georgia for any other purpose, as acknowledged in a Georgia Forestry Commission resolution dated January 3, 2007; (6) Bibb County Board of Commissioners has requested a conveyance deed from the state and seeks authorization from the General Assembly to convey any interest the state may have in the above-described property to Bibb County; and
WHEREAS: (1) The State of Georgia is the owner of a certain real property located in Camden County, Georgia; (2) Said real property is all that easement lying and being in a Portion of Marginal Lot No. 2 and a Portion of Seagrove Street in the City of St. Mary's, 29th GM district of Camden County, and containing a total of approximately 0.178 acres as more particularly described on that certain plat of Easement to the State of Georgia dated June 16, 2000, by Privett and Associates, Inc., Surveyors and Land Planners, being recorded by the clerk of Superior Court of Camden County in Plat Cabinet 2, File 196-G-H and as real property record number 009779 and being on file in the offices of the State Properties Commission; and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;

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(3) Said property is under the custody of the Department of Natural Resources and was used for construction, operation, and access to the St. Mary's Dock and Pier, which property was conveyed on January 21, 2001, for $10.00 by the City of St. Mary's to the State; (4) The January 21, 2001, easement from the City of St. Mary's stipulated that the city could remove and relocate the easement area if the city executed and delivered to the state a new easement and easement area equivalent to the 2001 easement, and the state as Grantee quitclaimed to the city all of its rights and interest in the 2001 easement and easement area; (5) On September 1, 2005, the City of St. Mary's passed a resolution to remove and relocate the 2001 easement area with a larger easement area that the city would improve; (6) The Department of Natural Resources has relocated the activities performed on the above-described 2001 easement and has requested that the state's rights and interest in that easement be quitclaimed to the City of St. Mary's in consideration of a new equivalent or greater easement area from the city; (7) The City of St. Mary's is desirous of having the state convey its interest in the 2001 easement area back to the city and of granting the state a new easement and easement area equivalent or greater; 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 lot 159 of the 14th district, 2nd Section of Cherokee County, and containing a total of approximately 2.35 acres as more particularly described as outlined in orange on that certain engineer's drawing dated January 26, 2009, and prepared by Engineering Strategies, Inc., 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 surveyor and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Department of Defense and is adjacent to the State of Georgia National Guard Armory in the City of Canton; (4) The Department of Defense has declared the above-described 2.35 acre portion of the property surplus to the needs of the Georgia National Guard; (5) The above-described property was conveyed to the state in 1950 by Cherokee County for the consideration of $1.00 for the sole purposes of the National Guard and Military; (6) The City of Canton is desirous of having the state convey its interest in the property to the city for the expansion of and access to the city's sewer treatment plant; (7) The City of Canton agrees to convey to the state any interest the city may have in an approximately 20 foot wide driveway totaling approximately 0.23 acres along the northern boundary of the retained property;

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(8) The City of Canton has agreed to repair and repave a portion of the retained armory property totaling approximately 1.73 acres to conform with the Georgia Department of Transportation specification H20 loading and typical repaving as required by the Department of Defense; and
WHEREAS: (1) The State of Georgia is the owner of a certain real property located in Clarke County, Georgia; (2) Said real property is all that tract located on West Broad Street in the 216th Georgia Militia District, Athens-Clarke County, Georgia, and is more particularly described as follows: That survey titled Survey for Georgia State Properties Commission in Clarke County, City of Athens, GMD 216, dated February 6, 2009, prepared by Landmark Engineering Corporation by surveyor J. R. Holland and on file in the offices of the State Properties Commission showing the following parcels: For conveyance at no less than fair market value by competitive bid of approximately 1.964 acres (Parcels 1, 2, 5A, and 5B) ("the sale property"); and For conveyance for $10.00 to the Unified Government of Athens-Clarke County (ACC) of 0.029 of an acre (Parcel 3); and For an easement for $10.00 to the Unified Government of Athens-Clarke County on approximately 0.149 of an acre (Parcel 2); and For a 25 foot wide easement at fair market value of approximately 0.33 of an acre on the west side of Parcels 5A and 5B to Smith & Martin Investments, Inc., and guests. 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) For all parcels other than Parcel 5B, said property has been declared surplus by and is under the custody of the Department of Agriculture until a sale by competitive bid, as authorized, has been conducted by the State Properties Commission; a portion of which property was previously authorized for sale by competitive bid in 2005 Resolution Act 344, Article XIV (H. R. 166); and a portion of which property was authorized in 2006 Resolution Act 911, Article II (H. R. 1259) for the issuance of an easement for ingress and egress at 2188 East Broad Street to the Unified Government of Athens-Clarke County; (4) Parcel 5B has been declared surplus by and is under the custody of the Department of Corrections until a sale by competitive bid is authorized and has been conducted by the State Properties Commission, in consideration of the state retaining for itself or its successors or assigns ingress-egress rights on Parcels 5B and 5A prior to conveying the sale property; (5) It has been determined that it would be in the best interest of the State of Georgia to convey an ingress-egress easement to Athens-Clarke County over 0.149 of an acre

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(being Parcel 2) for a consideration of $10.00, and to convey an ingress-egress easement of approximately 0.33 of an acre to Smith & Martin Investments, Inc., and guests for a consideration of fair market value as determined to be in the best interest of the State of Georgia and to sell the above-described sale property (being Parcels 1, 2, 5A, and 5B) of approximately 1.964 acres by competitive bid for no less than fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and to convey to Athens-Clarke County approximately 0.029 of an acre (being Parcel 3) for a consideration of $10.00; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property totaling approximately 6.95 acres located in the Emanuel County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 53rd G.M. District of Emanuel County and in or near the City of Swainsboro as shown and depicted on a plat of survey of 5.07 acres prepared by Walter K. Maupin, dated October 9, 1964, and recorded in Plat Book 3, Page 78; and a plat of survey of 0.5 of an acre prepared by Aubrey E. Scott, Jr. dated June 23, 1978, and revised April 9, 1979, and recorded in Plat Book 10, Page 119; and a plat of survey of 1.38 acres prepared by Walter K. Maupin dated September 10, 1982, recorded in Plat Book 11, Page 140, of the Records of the Clerk of the Superior Court of Emanuel County, Georgia, the first two deeds being recorded as real property record numbers 3065 and 6615 respectively 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 Administrative Services and has been used as a surplus property warehouse; (4) The Department of Administrative Services by letter from the commissioner dated October 16, 2008, has declared the property surplus; (5) Each of the above-described real properties was conveyed to the state from the City of Swainsboro for the consideration of $10.00; (6) The City of Swainsboro, by resolution dated December 1, 2008, requests that the state convey to the city for a public purpose all interest in the above-described properties; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Gordon County, Georgia, totaling approximately 20.1 acres; (2) Said parcel of such real property is all that parcel described as lying and being in the 14th District, 3rd Section and being parts of Land Lots 124 and 125 of Gordon County and adjoining the property of the Calhoun Elks Home, Inc., golf course, initially containing a total of approximately 20.1 acres and ultimately containing a smaller approximately 14.6 acre portion within that area as drawn and overlaid on an

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aerial entitled Preliminary SR 225 Bridge Replacements Gordon County PI 631570, 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 Calhoun Elks Home, Inc., is desirous of leasing the above-described property in order to operate a golf course; (4) The Calhoun Elks Home, Inc., previously leased the approximately 20.1 acre area beginning on May 6, 1969, for a 20 year period, and leased the same area for another 20 year period from May 6, 1989; (5) State Route 225 on the southern boundary of the lease area is a dangerous road leading to an unsafe bridge that the Georgia Department of Transportation ranks as one of the 30 most dangerous in the state. To straighten Route 225 and improve the bridge, the state also seeks authorization from the General Assembly to grant to the Georgia Department of Transportation an easement of approximately 9 acres total (5.5 acres and an additional approximately 3.5 acres) as shown on the above-referenced drawing, to make the road safe. When the easement is granted, the ultimate area leased to the Elks will be approximately 14.6 acres. Until the state issues the approximately 5.5 acre easement to GDOT to improve the safety of the highway and bridge, the Elks may use the initial lease area of approximately 20.1 acres, at the fair market value of the ultimate lease area, which has been determined to be $3,800.00 annually. After the easement has been granted to GDOT, the lease area will be approximately 14.6 acres, and the consideration will be $3,800.00 annually; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Gwinnett County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in land lot 12, Land District 7 of Gwinnett County totaling approximately 6.42 acres known as tax parcel 7-012-030A which was formerly used as a Georgia State Patrol Headquarters Post 54 and is recorded in the office of the Clerk of the Superior Court of Gwinnett County in Deed Book 225, Page 1, and on file in the offices of the State Properties Commission as real property record number 4625; (3) The above-described property was conveyed to the State on December 29, 1964, by Gwinnett County for the consideration of $1.00; (4) The Department of Public Safety discontinued its use of the property on October 1, 1998, and the Department of Driver Services discontinued its use of the property on February 28, 2003; (5) The deed of conveyance states that should the property cease to be used as a Georgia State Patrol Headquarters for a period of two years, property is to revert to Gwinnett County; (6) Gwinnett County, by letter dated October 20, 2008, is desirous of having the state convey its interest in the property back to the county for the consideration of $10.00; and

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WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Hancock County, Georgia; (2) Said real property is an approximately 3.14 acre portion of that approximately 160 acre tract or parcel of land lying and being in the 113th G.M.D. of Hancock County as more particularly described by a plat dated November 5, 1987, prepared by Precision Planning, Inc., recorded in the office of the clerk of the Superior Court of Hancock County, and on file in the offices of the State Properties Commission as real property record number 7518, 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 currently under the custody of the Department Corrections; (4) The Department of Corrections no longer has a use for the site and has declared the property surplus; (5) It has been determined that it is in the best interest of the state to sell the abovedescribed property for a consideration of not less than fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in McDuffie County, Georgia; (2) Said real property totaling approximately 2.00 acres is a portion of that tract or parcel of land lying and being in the 134th G.M.D. McDuffie County as more particularly described by a plat dated March 10, 2008, prepared by Wright Angle Land Surveyors recorded in the office of the clerk of the Superior Court of McDuffie County in Deed Book 197, Pages 246 - 249 and on file in the offices of the State Properties Commission as real property record number 8709; (3) Said property is under the custody of the Technical College System of Georgia and is located on the McDuffie County campus of Augusta Technical College; (4) The Technical College System of Georgia desires to exchange the abovedescribed property for approximately 2.00 acres of land owned by the McDuffie County Board of Commissioners at the Thomson-McDuffie County Airport as described on a plat of survey titled Plat for Thomson-McDuffie County Airport, 2.00 Acres, 134th GMD, McDuffie County, Georgia, by Wright Angle Land Surveyors dated March 10, 2008, for use as the site of Project No. DTAE 147, aircraft technology building for Augusta Technical College; (5) The above-described property was conveyed to the state in July of 1995 by Augusta Technical Institute Foundation, Inc., for the consideration of $10.00; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Telfair County, Georgia;

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(2) Said real property is all that tract located in Land Lot 46, 9th District, City of Milan, Telfair County, Georgia, and is more particularly described as follows:
On that drawing titled Georgia Department of Corrections Engineering Services and Technical Support, Telfair County Milan State Prison Properties dated December 30, 2008, depicting the RPR 7873, on file in the offices of the State Properties Commission; 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 City of Milan conveyed three Parcels (A, B, and C) totaling approximately 5.078 acres to the State on October 3, 1989, for mutual public consideration; (4) Milan State Prison has now outlived its intended use; (5) RPR Parcels 7873 A, B, and C have been declared surplus by and are under the custody of the Department of Corrections, which has requested that the three parcels be conveyed back to the City of Milan; (6) The City of Milan has requested the conveyance for $10.00 of RPR Parcels 7873 A, B, and C; and
WHEREAS: (1) The State of Georgia is the owner of a certain real property located in Early County, Georgia; (2) Said real property includes all that tract of land conveyed in fee simple for $10.00 to the State of Georgia on July 12, 1996, by the Development Authority of Early County, lying and being in Land Lot 125, District 28, located at 40 Harold Ragan Drive on the U.S. Highway 27 Bypass in Blakely, Early County, containing a total of approximately 26.00 acres housing the Early County Satellite Center of the Albany Technical Institute, as shown on a plat of survey prepared by Grady Hodge Holman, Land Surveyor 2033, dated June 28, 1995, and last revised on July 24, 1995, and recorded in Deed Book 207 pages 516-517, and Plat Book 200 page 178 of Early County, and being on file in the offices of the State Properties Commission as RPR # 08984 and SPC 840.03, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said real property interests of the state also includes any reversionary interest in a Quit Claim Deed of May 10, 2002, from the state to Early County for 1.84 acres a portion of the 26 acre property conveyed in 1996 from Early County and referenced in paragraph (2) above; such 1.84 acres shall revert to the state at 12:01 A.M. prevailing time on July 1, 2022, said property having been declared surplus by the Department of Technical and Adult Education on May 4, 2000, and the county was desirous of constructing a training site for the child care program at the Early County Satellite Center of Albany Technical Institute as authorized by 2001 Resolution Act No. 29 (HR 88);

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(4) Said property is under the custody of the Technical College System of Georgia formerly known as the Department of Technical and Adult Education; (5) By resolution dated June 1, 2006, to further the education of citizens in the area in technical and transfer degrees, the Technical and Adult Education Board declared the property surplus and authorized Albany Technical College to enter into a Memorandum of Understanding between Bainbridge College of the University System of Georgia effective July 1, 2006, for Bainbridge College to assume the full responsibility and authority for the governance and administration of the Early County Campus facility, its faculty, staff, and instructional programs, and if funds were available annually, the Department of Technical and Adult Education will allocate $1,012,348 to the Early County Campus for personnel, operation, and maintenance from the Albany Technical College budget; and funds held by the Albany Technical College Foundation for the Early County site were transferred to the Bainbridge College Foundation; and student government funds held by Albany Technical College for the Early County Campus were transferred to Bainbridge College; and effective July 1, 2007, the Georgia Department of Technical and Adult Education recommended transfer of title of the Early County Campus property as described in paragraph (2) above to the Board of Regents of the University System of Georgia; (6) On June 6-7, 2006, the Georgia Board of Regents agreed to accept title to the property described in paragraph (2) above, and the governance and administration of the Early County Campus through its Bainbridge College, the conversion of which occurred on November 1, 2006; (7) The Georgia Board of Regents is desirous of acquiring the above-described property; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 0.057 of an acre located in Rabun County, Georgia; (2) Said parcel of such real property is all that parcel described as "the lease area" of 50 x 50 feet of land lying and being in Land Lot No. 65 of the 2nd Land District of Rabun County and is a part of Black Rock Mountain State Park in the custody of the Georgia Department of Natural Resources, containing a total of approximately 0.057 of an acre of that certain lease being on file in the Offices of the State Properties Commission as RPR # 08536 A tract of land being 50 x 50 feet, in Rabun County, Georgia, in Land Lot No. 65, District No. 2. Beginning at an iron pin 125 feet south 65 degrees 00 minutes east of an iron pin on the northeast corner of a 25 foot square plot of land presently leased to Currahee Paging, Inc.; thence south 65 degrees 00 minutes east 50 feet to an iron pin; thence north 25 degrees 00 minutes east 50 feet to an iron pin; thence north 65 degrees 00 minutes west 50 feet to an iron pin; thence south 25 degrees 00 minutes west to an iron pin to the beginning point. Said plot containing 0.057

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of one acre, and being part of the State of Georgia Department of Natural Resources Black Rock Mountain State Park. 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 lease area is the site of a cable television tower that has been leased to Northland Cable Properties, Inc., or its predecessors Northland Premier Cable Limited Partnership or Mountain View Enterprises, Inc., since May 23, 1969, pursuant to Resolution Act 96, SR No. 102, approved April 28, 1969 (Ga. L. 1969, p. 1116), and recently authorized in 1994 Res. Act No. 96 (HR 859) for ten years, and leased effective September 9, 1994, with a five-year renewal commencing September 9, 2004, and expiring September 8, 2009, at an annual rate of $650.00 per year; (4) Northland Cable Properties, Inc. "Sublessee" is desirous of subleasing the abovedescribed property to receive over the air/satellite broadcast signals and transmit a microwave signal to customers in the local area from the site for a period of up to ten years, with a renewable term if needed, at fair market value and with the ability for either Lessor or Sublessee to cancel with 90 days notice to the other party; (5) Southern Communications Services, Inc., doing business as SouthernLINC Wireless "Lessee" is desirous of leasing the above-described property for a period of ten years at fair market value and will construct a new tower for wireless communications services for Georgia Power Company and other government services, and will dismantle the current tower of sublessee Northland and move sublessee's equipment to the new tower; and
WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 0.015 (36.25' x 18') of an acre located in Rabun County, Georgia; (2) Said real property is all that tract or parcel of land containing 0.015 of one acre lying and being in land lot 66 of the 2nd district of Rabun County, Georgia, and is more particularly described highlighted in orange as a portion of the property on a revised plat of survey dated April 29, 1995, prepared by William F. Rolader, Georgia Registered Land Surveyor #2042 and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) Said property is in the custody of the Department of Natural Resources and is a part of Black Rock Mountain State Park; (4) The above-described property is a portion of a 0.019 of one acre area that has been leased by the State of Georgia to Currahee Paging, Inc., since November 15, 1995, for a consideration of $650.00 annually; (5) Currahee Paging, Inc. is desirous of leasing the above-described property for a term of ten years;

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(6) The Department of Natural Resources has no objection to the leasing of the above-described property; (7) 2005 Legislation Resolution Act 344 (HR 166) ARTICLE XVI Section 90 authorized the State Properties Commission to enter into a lease of 0.0189 of an acre with Currahee Paging, Inc. for a consideration of $650 per year; (8) Currahee Paging, Inc. is desirous of leasing a 0.015 of an acre property for a period of ten years at fair market value for telecommunications purposes, which would rescind the 2005 authorization; and
WHEREAS: (1) The State of Georgia is the owner of certain real property located at Dixon Memorial State Forest in Ware County, Georgia; (2) Oglethorpe Power Corporation requested in a letter dated February 11, 2009, to plant and maintain hardwood trees in various parcels of such state property totaling approximately 500 noncontiguous acres that were devastated by fires and would not otherwise be replanted by the Georgia Forestry Commission. Oglethorpe Power Corporation desires ingress and egress in, on, over, under, upon, across, or through a portion of said property for that purpose, and Oglethorpe Power Corporation will evenly split the value of any carbon sequestration credits with the Georgia Forestry Commission 25 years after the commencement of a carbon sequestration credits regulation program; (3) The Georgia Forestry Commission on February 8, 2009, approved entering into an agreement with Oglethorpe Power Corporation for the institution of a carbon sequestration project for an initial term of ten years, renewable for additional ten-year terms and, as part of such project, also approved the granting of both a revocable license and a 75 year conservation easement to Oglethorpe Power Corporation, such instruments to allow Oglethorpe Power Corporation ingress and egress in, on, over, under, upon, across, or through adjacent land of the State of Georgia for the purposes of planting and maintenance of hardwood trees; (4) The State Properties Commission approved Georgia Forestry Commission's request for such a revocable license on February 27, 2009; and
WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Baldwin County, Georgia; (2) Within said real property is a parcel of land lying and being in land lots No. 244 of the fifth land district GMD 1714 of Baldwin County, Georgia containing a total of approximately 71.31 of acres as shown on a plat of survey dated December 3, 2008, and prepared by Steven A. Coleman Georgia Registered Land Surveyor and being on file in the offices of the state properties; (3) A portion of the above-described property was transferred from the Department of Human Resources by executive order on February 5, 2009, and as a result entire parcel is in the custody of the Department of Corrections;

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(4) The Georgia Department of Corrections has issued a Request for Proposals ("RFP") for the construction and operation of a private prison, and the RFP allows the selected vendor to request a long-term ground lease of a one-year lease with allowance for 24 one-year renewals from the State of Georgia for the referenced property; (5) Upon award of the above-mentioned procurement, and upon request from the winning vendor, the Department of Corrections proposes to honor that request by asking the State of Georgia to enter into a long-term ground lease as described above with said winning vendor.
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 Baldwin and Wilkinson Counties 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, excluding any timber rights which are to be retained by the Georgia Forestry Commission, and including any improvements may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Fall Line Regional Development Authority for the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 3. That the authorization in this resolution to convey the above-described property shall expire five years after the date that this resolution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 5. That the deed of conveyance shall be recorded by the Grantee in the Superior Courts of Baldwin and Wilkinson Counties and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 6. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE II SECTION 7.
That the State of Georgia is the owner of the above-described reversionary interest in Baldwin County and that in all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through its State Properties Commission.
SECTION 8. That the above-described property interest may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to Baldwin County Hospital Authority d/b/a Oconee Regional Medical Center 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 9. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.
SECTION 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 Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 12. That custody of the above-described property interest shall remain in the Department of Human Resources until the property is conveyed.
ARTICLE III SECTION 13.
That the State of Georgia is the owner of the above-described real property in Bibb 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.

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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 Commission, to Bibb County for a consideration of $10.00 so long as the property is used for public purpose, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 15. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance.
SECTION 17. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Bibb 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 Georgia Bureau of Investigation until the property is conveyed.
ARTICLE IV SECTION 19.
That the State of Georgia is the owner of the above-described real property in Bibb 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 20. That all of the above state's interest in the above-described approximately 1.8 acre parcel of property together with any remaining improvements thereon may be conveyed to the Bibb County Board of Commissioners for a consideration of $10.00.
SECTION 21. 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 22. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 23. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 24. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed.
ARTICLE V SECTION 25.
That the State of Georgia is the owner of the above-described easement in Camden County and that in all matters relating to the conveyance of the 2001 easement area the State of Georgia is acting by and through its State Properties Commission.
SECTION 26. That the above-described easement area may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission to Camden 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 27. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date that this resolution becomes effective.
SECTION 28. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and to effect an equivalent replacement easement area. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 29. That the deed of conveyance of the state's interest in the original easement area shall be recorded by the Grantee in the Superior Court of Camden County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 30. That custody of the above-described property shall remain in the Department of Natural Resources until the property is conveyed.

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ARTICLE VI SECTION 31.
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 2.35 acres of real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 32. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey the above-described real property to the City of Canton for a consideration of $10.00, and the City of Canton agrees to convey by quitclaim deed to the state any interest the city may have in an approximately 20 foot wide driveway totaling approximately 0.23 acres property, and the city shall repair and repave a portion of said property totaling approximately 1.73 acres to conform with the Georgia Department of Transportation specification H20 loading and typical repaving as required by the Department of Defense, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 33. 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 34. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 35. 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 36. That custody of the above-described property shall remain in the Department of Defense until the property is conveyed.
ARTICLE VII SECTION 37.
That the State of Georgia is the owner of the above-described Clarke County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 38. That the above-described approximately 1.964 acres of real property (Parcels 1, 2, 5A, and 5B; "the sale property") may be sold by competitive bid for a consideration of not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission, and 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 including that the winning bidder or its successors and assigns shall maintain the current driveway on Parcels 5A and 5B in good condition with smooth pavement, free of holes and hazards.
SECTION 39. That the above-described approximately 0.029 of an acre of real property (Parcel 3) may be sold for a consideration of $10.00 to the Unified Government of Athens-Clarke County, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 40. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 41. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance.
SECTION 42. That the deeds of conveyance shall be recorded by the Grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 43. That custody of the above-described property shall remain in the Department of Agriculture and in the Department of Corrections, respectively, until the property is conveyed.
SECTION 44. That the State of Georgia is the owner of the above-described real property in Clarke County, and the property is in the custody of the Department of Agriculture, hereinafter referred to as the "easement area of approximately 0.149 of an acre (Parcel 2)" and that, in all matters relating to this easement area, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 45. That prior to the conveyance of the sale property by competitive bid, the State of Georgia acting by and through its State Properties Commission may grant to The Unified Government of Athens-Clarke County, Georgia, or its successors and assigns, a nonexclusive easement for the operation and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area (Parcel 2) for the purpose of ingress and egress together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes.
SECTION 46. That the above-described premises (Parcel 2) shall be used solely for the purpose of ingress and egress.
SECTION 47. That The Unified Government of Athens-Clarke County, Georgia, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress.
SECTION 48. That, after The Unified Government of Athens-Clarke County, Georgia, has put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, The Unified Government of Athens-Clarke County, Georgia, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the ingress and egress shall become the property of the State of Georgia, or its successors and assigns.
SECTION 49. That no title shall be conveyed to The Unified Government of Athens-Clarke County, Georgia, and, except as herein specifically granted to The Unified Government of Athens-Clarke County, Georgia, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to The Unified Government of Athens-Clarke County, Georgia.
SECTION 50. 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

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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 Unified Government of Athens-Clarke County, Georgia, shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by The Unified Government of Athens-Clarke County, Georgia. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 51. 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. The 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 52. That the easement granted to The Unified Government of Athens-Clarke County, Georgia, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best 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 53. 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 54. That this grant of easement shall be recorded by the Grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 55. That the authorization in this resolution to grant the above-described easement to The Unified Government of Athens-Clarke County, Georgia, shall expire three years after the date that this resolution becomes effective.
SECTION 56. 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.
SECTION 57. That the State of Georgia is the owner of the described real property in Clarke County, and the property is in the custody of the Departments of Agriculture and of Corrections, hereinafter referred to as the "easement area of approximately 0.33 of an acre (25' wide along the western boundary of Parcels 5A and 5B)" and that, in all matters relating to this easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 58. That prior to the conveyance of the sale property by competitive bid the State of Georgia, acting by and through its State Properties Commission, may grant to Smith & Martin Investments, Inc., or its successors and assigns, and its guests a nonexclusive easement for the operation and maintenance of ingress and egress in, on, over, under, upon, across, or through the easement area for the purpose of Smith & Martin Investments, Inc., and its guests 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.
SECTION 59. That the above-described premises shall be used solely for the purpose of ingress and egress for Smith & Martin Investments, Inc., its successors and assigns, and guests.
SECTION 60. That Smith & Martin Investments, Inc., shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said ingress and egress.
SECTION 61. That, after Smith & Martin Investments, Inc., 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, Smith & Martin Investments, Inc., 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 ingress

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and egress shall become the property of the State of Georgia, or its successors and assigns.
SECTION 62. That no title shall be conveyed to Smith & Martin Investments, Inc., and, except as herein specifically granted to Smith Martin, Inc., 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 Smith & Martin Investments, Inc.
SECTION 63. 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 Smith & Martin Investments, Inc., 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 Smith & Martin Investments, Inc. 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. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 64. 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. The 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 65. That the easement granted to Smith & Martin Investments, Inc., 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

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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 66. That the consideration for such easement shall be no less than the fair market value as determined by the State Properties Commission to be in the best interest of the state, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 67. That this grant of easement shall be recorded by Smith & Martin Investments, Inc., in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 68. That the authorization in this resolution to grant the above-described easement to Smith & Martin Investments, Inc., shall expire three years after the date that this resolution becomes effective.
SECTION 69. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE VIII SECTION 70.
That the State of Georgia is the owner of the above-described real property in Emanuel 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 71. That the above-described parcels of real property may be conveyed by appropriate instrument to the City of Swainsboro for a consideration of $10.00, so long as the property is used for a 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 72. 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.

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SECTION 73. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 74. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Emanuel County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 75. That custody of the above-described property shall remain in the Department of Administrative Services until the property is conveyed.
ARTICLE IX SECTION 76.
That the State of Georgia is the owner of the above-described real property in Gordon County, and that in all matters relating to the leasing of initially approximately 20.1 acres of real property and, after the state issues an approximately 5.5 acre easement to GDOT to improve the safety of State Route 225, in all matters relating to the leasing of ultimately approximately 14.6 acres of real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 77. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the Calhoun Elks Home, Inc., for a period of ten years for a consideration of fair market value as determined by the State Properties Commission to be $3,800.00 per year; and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 79. That the lease shall be recorded by the lessee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 80. That the authorization to lease the above-described property to the Calhoun Elks Home, Inc., shall expire three years after the date that this resolution is enacted into law and approved by the State Properties Commission.

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SECTION 81. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement area on State of Georgia property totaling approximately 9 acres for improved safety and operation and maintenance of a highway. Said easement area is located in Calhoun, Gordon County, Georgia, 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 82. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said highway.
SECTION 83. That the Georgia Department of Transportation 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 installation, maintenance, and operation of said highway.
SECTION 84. That, after the Georgia Department of Transportation has put into use the highway this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, 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 facilities shall become the property of the State of Georgia, or its successors and assigns.
SECTION 85. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, 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 Department of Transportation.
SECTION 86. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the

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Georgia Department of Transportation 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 Department of Transportation. 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. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area.
SECTION 87. That the easement granted to the Georgia 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 88. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.
SECTION 89. That this grant of easement shall be recorded by the Grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 90. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire five years after the date that this resolution becomes effective.
SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
ARTICLE X SECTION 92.

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That the State of Georgia is the owner of the above-described real property in Gwinnett 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 93. That all or a portion of the above-described approximately 6.42 acre parcel of property may be conveyed by appropriate instrument to Gwinnett County for a consideration of $10.00, so long as the property is used 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 94. 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 95. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 96. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 97. That custody of the above-described property shall remain in the Department of Driver Services until the property is conveyed.
ARTICLE XI SECTION 98.
That the State of Georgia is the owner of the above-described real property in Hancock 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 99. That all or a portion of the above-described property may be conveyed by competitive bid for the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

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SECTION 100. 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 101. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.
SECTION 102. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Hancock County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 103. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed.
ARTICLE XII SECTION 104.
That the State of Georgia is the owner of the above-described real property in McDuffie 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 105. That all or a portion of the above-described approximately 2.00 acre parcel of property may be conveyed by appropriate instrument to the McDuffie County Board of Commissioners in exchange for approximately 2.00 acres of land owned by the McDuffie County Board of Commissioners located on the Thomson-McDuffie County Airport for use as a site of Project No. DTAE 147, aircraft technology building for Augusta Technical College 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 106. That the authorization in this resolution to exchange the above-described real property shall expire three years after the date that this resolution becomes effective.
SECTION 107. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.

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SECTION 108. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 109. That custody of the above-described property shall remain in the Technical College System of Georgia until the property is conveyed.
ARTICLE XIII SECTION 110.
That the State of Georgia is the owner of the above-described Telfair County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 111. That the above-described approximately 5.078 acres of real property may be conveyed to the City of Milan 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 112. That the authorization in this resolution to sell the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 113. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to affect such conveyance.
SECTION 114. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Telfair County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 115. That custody of the above-described property shall remain in the Department of Corrections until the property is conveyed.
ARTICLE XIV SECTION 116.
That the State of Georgia is the owner of the above-described real property in Early 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.

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SECTION 117. That the above-described property, including any improvements except the TelTex system of the Early County Campus, may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Board of Regents of the University System of Georgia for the 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 118. That the authorization in this resolution to convey the above-described property shall expire five years after the date that this resolution becomes effective.
SECTION 119. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 120. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Early County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 121. That custody of the above-described property shall remain in the Technical College System of Georgia, formerly known as the Georgia Department of Technical and Adult Education, until the property is conveyed.
ARTICLE XV SECTION 122.
That the State of Georgia is the owner of the above-described real property in Rabun County and that in all matters relating to the leasing of the approximately 0.057 of an acre of real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 123. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the SouthernLINC for a period of ten ten years for a consideration of fair market value per year as determined by the State Properties Commission to be in the best interest of the State of Georgia to construct and maintain wireless communications services for Georgia Power Company and other state government services and a tower for same, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

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SECTION 124. That the State of Georgia, acting by and through the State Properties Commission, is authorized to sublease the above-described real property to Northland Cable Properties, Inc., for a period of ten years, at any time cancelable during the term of the lease by either the Sublessee or the Lessor with 90 days notice from either party to the other, for a consideration of fair market value per year as determined by the State Properties Commission to be in the best interest of the State of Georgia to receive over the air/satellite broadcast signals and transmit a microwave signal from the site, 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 125. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease and sublease.
SECTION 126. That the lease and the sublease shall each be recorded by the lessee and sublessee, respectively, in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 127. That the authorization to lease and sublease the above-described property to SouthernLINC and to Northland Cable Properties, Inc., respectively, shall expire three years after the date that this resolution becomes effective.
ARTICLE XVI SECTION 128.
That the State of Georgia is the owner of the above-described real property in Rabun County and that in all matters relating to the leasing of the approximately 0.015 of an acre of real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 129. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to Currahee Paging, Inc., for a period of ten years for a consideration of fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia, payable in advance for the term of the lease, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

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SECTION 130. That any sublease of the property must be approved by the State Properties Commission, 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 131. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease and any sublease.
SECTION 132. That the lease and any subleases shall be recorded by the lessee in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 133. That the authorization to lease and sublease the above-described property to Currahee Paging, Inc., shall expire three years after the date that this resolution becomes effective.
ARTICLE XVII SECTION 134.
That the State of Georgia is the owner of the hereinafter described real property in Ware County, and the property is in the custody of the Georgia Forestry Commission hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.
SECTION 135. That the State of Georgia, acting by and through its State Properties Commission, may grant to Oglethorpe Power Corporation, or its successors and assigns, a 75 year term conservation easement for the planting and maintenance of hardwood trees in various parcels totaling approximately 500 noncontiguous acres of Dixon Memorial State Forest that would not otherwise be replanted by the Georgia Forestry Commission together with the right of ingress and egress in, on, over, under, upon, across, or through adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes for the 75 year term of the conservation easement, provided that Oglethorpe Power Corporation will evenly split the value of any carbon sequestration credits with the Georgia Forestry Commission for 25 years after the commencement of a carbon sequestration credits regulation program.
SECTION 136. Said easement area is located in Dixon Memorial State Forest in Ware County, Georgia, and is more particularly described as follows:

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That portion and that portion only shown as parcels marked in red to indicate the approximately 219 acre first phase of such tree plantings and in blue to indicate the approximately 276 acre second phase of such tree plantings on a 3 sheet drawing prepared by Environmental Services, Inc., of Savannah, Georgia dated November, 2008, and accompanying GPS coordinates for each parcel and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.
SECTION 137. That the above-described premises may be open to the general public at the discretion of the Georgia Forestry Commission and shall be used solely for the purpose of protecting and maintaining the hardwood trees for potential carbon sequestration credit values of the conservation easement area.
SECTION 138. That no title shall be conveyed to Oglethorpe Power Corporation, and, except as herein specifically granted to Oglethorpe Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Oglethorpe Power Corporation.
SECTION 139. 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 140. That the easement granted to Oglethorpe Power Corporation 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 141. 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.

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SECTION 142. That this grant of easement shall be recorded by the Grantee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 143. That the authorization in this resolution to grant the above-described easement to Oglethorpe Power Corporation shall expire five years after the date that this resolution becomes effective.
SECTION 144. 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 XVIII SECTION 145.
That the State of Georgia is the owner of the above-described real property located in Baldwin County and that in all matters relating to the leasing of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 146. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described real property to the selected vendor for a period of 25 years, with a one-year lease with 24 one-year renewals for a consideration of $10.00 to construct and maintain a prison, as long as the property is leased for public purpose, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.
SECTION 147. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease including the execution of all necessary documents.
SECTION 148. That the lease shall be recorded by the lessee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 149. That the authorization to lease the above-described property shall expire four years after the date that this resolution becomes effective.
ARTICLE XIX SECTION 150.

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That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval.

SECTION 151. 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S E Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey
Long 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 Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield
Smith, B Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre Y Stephens, M Y Stephens, R E Stephenson Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

On the adoption of the Resolution, by substitute, the ayes were 157, nays 1.

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

Representatives Knox of the 24th, Long 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.

SB 122. By Senators Goggans of the 7th and Hill of the 4th:

A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to divide the Georgia Retiree Health Benefit Fund into two funds; to define certain terms; to create the Georgia State Retiree Health Benefit Fund and the Georgia School Retiree Health Benefit Fund; to repeal the Georgia Retiree Health Benefit Fund; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following amendment was read and adopted:

Representative Channell of the 116th moves to amend SB 122 (LC 21 0308(SCS)) by striking "September 1, 2009" from line 505 and inserting in its place "September 1, 2010".

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant

Y Crawford Y Davis, H Y Davis, S E Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England Y Epps, C Y Epps, J Y Everson E Floyd

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp E Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M

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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, D Y Collins, T Y Cooper Y Cox

Y Fludd Franklin
Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

E Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

On the passage of the Bill, as amended, the ayes were 161, nays 1.

Y Stephens, R E Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Knox of the 24th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bill of the House was taken up for the purpose of considering the Senate action thereon:

HB 233. By Representative Lindsey of the 54th:

A BILL to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain definitions regarding such taxation; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Title 48 of the Official Code of Georgia Annotated, related to revenue and taxation, so as to provide for a moratorium period during which valuation increases of property shall be limited; to provide for legislative findings; to provide for the authority for this Act; to provide for procedures, conditions, limitations, and exclusions; to provide

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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. Title 48 of the Official Code of Georgia Annotated, related to revenue and taxation, is amended by adding a new chapter to read as follows:
"CHAPTER 5B
48-5B-1. (a) The General Assembly finds that the citizens and property owners of this state are experiencing a crisis in the reduction of value of tangible property of unprecedented magnitude and that it is in the best interests of this state that immediate action be taken to secure the economic stability of all Georgians. This crisis is having a devastating effect on the economy of the State of Georgia, and this Code section is enacted 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 and other provisions of the Constitution. (b) In recognition of the emergency situation and fiscal conditions set forth in subsection (a) of this Code section and pursuant to the authority specified in subsection (a) of this Code section, for taxable years beginning on or after January 1, 2009, and continuing only until the Sunday immediately preceding the second Monday in January, 2011, a moratorium is declared on all increases in the assessed value of all classes of all subjects of property which are subject to ad valorem taxation property except as specifically permitted under this Code section. The rate of increase of the assessed value of property for county, county school district, municipal, or independent school district ad valorem tax purposes shall not exceed from one taxable year to the succeeding taxable year 0 percent except as otherwise permitted in this Code section. (c) The limitations of this Code section shall not apply to the correction by local tax officials, pursuant to Chapter 5 of this title, of any manifest, factual error or omission in the valuation of property. The limitations of this Code section shall only take effect for taxable years beginning on or after January 1, 2010, for any county which performed or had performed on its behalf a county-wide revaluation in 2008 or any county which in 2009 is performing or was under contract prior to January 1, 2009, to have performed on its behalf a county-wide revaluation. (d) Nothing in this Code section shall be construed to prohibit the assessed value of property from decreasing. (e) If property or interests therein are sold or transferred, the assessed value of such property for ad valorem tax purposes shall not exceed the most recent value established under subsection (b) of this Code section.

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(f) Additions or improvements to property shall be valued for ad valorem tax purposes at their fair market value and shall be added to the owner's valuation amount under this subsection. (g) If property is rezoned, subdivided, or combined with other property at the request of the owner of such property and the use of such property is changed to conform with the use authorized or caused by such rezoning, subdivision, or combination with other property, such property shall be valued for ad valorem tax purposes at its fair market value. (h) Nothing in this Code section shall be construed to alter or affect in any manner the authority granted to the General Assembly under Article VII, Section II, Paragraph II of the Constitution to enact homestead exemptions. (i) This chapter shall be repealed in its entirety on the second Monday in January, 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 following amendment was read and adopted:
Representatives Lindsey of the 54th and O'Neal of the 146th move to amend the Senate substitute to HB 233 by inserting "to provide for applicability;" between "exclusions;" and "to" on line 4.
By striking lines 33 through 37 and inserting in their place the following:
valuation of property. The limitations of this Code section shall take effect on January 1, 2010, for any county which performed or had performed on its behalf a comprehensive county-wide revaluation of all properties in the county in 2008 or any county which in 2009 was under contract prior to February 28, 2009, to have performed on its behalf a comprehensive county-wide revaluation of all properties in the county.
By inserting between lines 52 and 53 the following:
(i) The provisions of this chapter shall not apply to real property in any county for which a local constitutional amendment has been continued in force and effect as part of the Constitution which imposes millage rate limitations regarding ad valorem property taxes with respect to real property in such county or county school district unless such local constitutional amendment is repealed.

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(j) During the period of time in which this Code section is in effect, the commissioner shall continue to examine and review county tax digests as required under this chapter; provided, however, that, in the event a deficiency in the tax digest of a county is attributable directly to the limitations required by this Code section, no penalties shall be levied against such county regarding such deficiency.

By striking "(i)" and inserting in its place "(k)" on line 53.

Representative Lindsey of the 54th moved that the House agree to the Senate substitute, as amended by the House, to HB 233.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks
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
Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S E Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar E Dooley N Drenner N Dukes Y Ehrhart Y England N Epps, C N Epps, J Y Everson E Floyd N Fludd Y Franklin N Frazier N Fullerton Y Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N 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 Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 114, nays 55.

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp E Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker E Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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The motion prevailed.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 734. By Representative Porter of the 143rd:
A RESOLUTION congratulating the Dublin High School boys basketball team on winning the 2009 Class AA 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 735. By Representative Carter of the 159th:
A RESOLUTION honoring the life and memory of Mr. W.J. "Bill" Chant; and for other purposes.
HR 736. By Representatives Parrish of the 156th, Stephens of the 164th, Gardner of the 57th and Channell of the 116th:
A RESOLUTION recognizing Chef Jason Hill and the Wisteria Restaurant; and for other purposes.
HR 737. By Representatives Allison of the 8th, Harden of the 28th and Austin of the 10th:
A RESOLUTION recognizing and commending Mrs. Karen Nasworthy; and for other purposes.
HR 738. By Representative Millar of the 79th:
A RESOLUTION recognizing and commending Reverend Monsignor R. Donald Kiernan; and for other purposes.
The following messages were 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:

MONDAY, MARCH 23, 2009

3597

HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:

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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 provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
By unanimous consent, the rules were suspended until 4:00 o'clock P.M., in order that the following Bills of the House could be introduced, read the first time and referred to the Committee, pursuant to authority granted to the Speaker:
HB 811. By Representatives Glanton of the 76th, Baker of the 78th, Johnson of the 75th, Abdul-Salaam of the 74th, Jordan of the 77th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3838), and by an Act approved March 15, 1988 (Ga. L. 1988, p. 3933), and by an Act approved April 4, 1996 (Ga. L. 1996, p. 4083), so as to provide an additional judge for the State Court of Clayton 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 related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 812. By Representatives Mitchell of the 88th, Mosby of the 90th, Mayo of the 91st, Abrams of the 84th, Mangham of the 94th and others:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3779), so as to change certain provisions relating to the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 23, 2009

3599

Referred to the Committee on Intragovernmental Coordination - Local.
HB 813. By Representative Howard of the 121st:
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 membership of the Authority; to provide for the terms and appointment of members of the Authority; to provide for qualifications 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 816. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to provide for a new charter for the City of Ringgold; 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 an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 10:00 o'clock, A.M., Wednesday, March 25, 2009.

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Representative Hall, Atlanta, Georgia

Wednesday, March 25, 2009

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:

Allison Amerson Anderson Ashe Austin Baker Barnard Battles E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Byrd Carter, B Casas Chambers Channell Cheokas Coan Coleman Collins, D Collins, T Cooper Cox Crawford

Davis, H Dawkins-Haigler Dempsey Dickson Dobbs Dooley Drenner Ehrhart England E Epps, C Epps, J Everson E Floyd Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Gordon Graves Greene Hamilton Hanner Harbin Harden, B Harden, M Hatfield Heard Heckstall

Hembree Henson Hill, C Hill, C.A Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson Johnson, C Johnson, T Jones, J Jones, S Keen Keown Knight Knox Lane, B Lane, R Levitas E Lindsey Long Loudermilk Maddox, B Maddox, G Mangham Manning

Marin Martin Maxwell May Mayo McCall Meadows Mills Mitchell Morgan Mosby Murphy Neal Nix Oliver O'Neal E Parham Parrish Parsons Porter Powell, A Powell, J Pruett Ramsey E Randall Reece Reese Rice Roberts Rogers

Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Sims, C Smith, B Smith, L Smith, R Smith, T Stephens, M Stephens, R Talton Taylor Teilhet Thomas Thompson E Weldon 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, Abrams of the 84th, Bearden of the 68th, Butler of the 18th, Carter of the 175th, Cole of the 125th, Davis of the 109th, Dollar of the 45th, Golick of the 34th, Hudson of the 124th, Jordan of the 77th, Kaiser of the 59th, Lucas of the 139th, Lunsford of the 110th, McKillip of the 115th, Millar of the 79th, Morris of the 155th, Ralston of the 7th, Sinkfield of the 60th, Smith of the 129th, Smyre of the 132nd, Walker of the 107th, and Willard of the 49th.

WEDNESDAY, MARCH 25, 2009

3601

They wish to be recorded as present.
Prayer was offered by Dr. A. Elaine Crawford, Cumberland United Methodist Church, Smyrna, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 814. By Representatives Austin of the 10th, Harden of the 28th and Hatfield of the 177th:
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 clarify certain provisions relating to sentencing a person convicted of possession of one ounce or less of marijuana; to provide for a charge of misdemeanor possession of marijuana; to provide that a fourth offense of misdemeanor possession of marijuana in ten years is a felony; to amend the Official Code of Georgia Annotated to change references to reflect such changes; to

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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 815. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia State Indemnification Fund, so as to provide that, for purposes of indemnification of injured employees, the term "in the line of duty" includes commuting to or from work; to remove state highway employees from the persons entitled to indemnification; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 817. By Representatives Baker of the 78th and Weldon of the 3rd:
A BILL to be entitled an Act to amend Code Section 47-23-64 of the Official Code of Georgia Annotated, relating to transfer of funds from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System by judges, solicitors general, or district attorneys and crediting service, so as to provide that juvenile judges shall under certain circumstances be entitled to have funds so transferred and to obtain creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 818. By Representatives Mangham of the 94th and Collins of the 95th:
A BILL to be entitled an Act to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4770), so as to change the provisions relating to the compensation of such judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.

WEDNESDAY, MARCH 25, 2009

3603

HR 739. By Representative Parsons of the 42nd:

A RESOLUTION honoring Luke Dollar and dedicating a road in his name; and for other purposes.

Referred to the Committee on Transportation.

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

HB 788 HB 789 HB 790 HB 792 HB 793 HB 794 HB 795 HB 796 HB 797 HB 798 HB 799 HB 800 HB 801 HB 802

HB 803 HB 804 HB 805 HB 806 HB 807 HB 808 HB 809 HB 810 HB 811 HB 812 HB 813 HB 816 HR 733

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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

SB 84 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
Chairman

Representative Lane of the 158th District, Chairman of the Committee on Game, Fish and Parks, submitted the following report:

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Mr. Speaker:

Your Committee on Game, Fish and Parks has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 99 Do Pass

Respectfully submitted, /s/ Lane of the 158th
Chairman

Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Governmental Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 86 SB 168 SB 211

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

Respectfully submitted, /s/ Scott of the 153rd
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 153 Do Pass

Respectfully submitted, /s/ Walker of the 107th
Chairman

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3605

Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

SB 144 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 659 HB 772 HB 773 HB 776 HB 778 HB 781 HB 782

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

HB 783 HB 784 HB 786 HB 787 HB 791 SB 265

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

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

Representative Golick of the 34th 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:

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SB 151 Do Pass, by Substitute SB 172 Do Pass

SB 246 Do Pass, by Substitute SB 250 Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 34th
Chairman

Representative Willard of the 49th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 7 SB 26 SB 75

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

SB 108 SB 141 SB 199

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 67 Do Pass, by Substitute SB 128 Do Pass

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

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

WEDNESDAY, MARCH 25, 2009

3607

HR 610 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 24 SB 64

Do Pass Do Pass, by Substitute

Respectfully submitted, /s/ Barnard of the 166th
Chairman

Representative O'Neal of the 146th District, Chairman of the Committee on Ways and Means, submitted the following report:

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 624 HR 651 SB 55

Do Pass Do Pass Do Pass, by Substitute

SB 240 Do Pass, by Substitute

SR 1

Do Pass

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 25, 2009

Mr. Speaker and Members of the House:

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The Committee on Rules has fixed the calendar for this 36th Legislative Day as enumerated below:

DEBATE CALENDAR

Open Rule

SB 44 SB 97 SB 98 SB 109

Public Schools; certain supplies, materials, agricultural products manufactured in this state; provide contractual/purchasing preferences (ED&T-O`Neal-146th) Tolleson-20th O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration (SI&P-Hill-21st) Grant25th Retirement; State Merit of Personnel Admin. to State Personnel Administration; change certain references (Ret-Hill-21st) Grant-25th Retirement; Department of Administrative Services; change certain duties and obligations (Ret-Maxwell-17th) Smith-52nd

Modified Open Rule

SB 162

Private Detective Businesses; authorize security guards/detectives to obtain individual licensure for employment (Substitute)(RegI-Williams-165th) Grant-25th

Modified Structured Rule

SB 13 SB 14 SB 210

Crimes; provide the imposition of life without parole; person convicted of murder independently of a death penalty prosecution (Substitute)(JudyNCGolick-34th) Smith-52nd Local Boards of Education; no person on the national/state sex offender registry shall be eligible for election/service on board (GAff-Holt-112th) Douglas-17th High School Program; include home schooled students; eligible to participate in the student honors programs (Ed-Casas-103rd) Johnson-1st

Structured Rule

SB 83

Ad Valorem; increase the amount of the state-wide homestead exemption; specify terms/conditions of the exemption and the procedures (Substitute)(W&M-Lindsey-54th) Rogers-21st (Rules Committee Substitute)

WEDNESDAY, MARCH 25, 2009

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Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 659. By Representatives Burkhalter of the 50th, Rice of the 51st, Martin of the 47th and Willard of the 49th:
A BILL to be entitled an Act to amend an Act providing a charter for the City of Johns Creek, approved March 29, 2006 (Ga. L. 2006, p. 3503), so as to provide for certain restrictions on the adoption of ordinances; to provide certain actions regarding the mayor's veto authority; to provide for the authority to remove certain officials; to provide for the repeal of certain authority from the city manager; to provide for oath of office; to repeal certain provisions regarding the city accountant; 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 772. By Representatives Bryant of the 160th, Stephens of the 164th, Day of the 163rd, Stephens of the 161st, Gordon of the 162nd and others:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3865), so as to deannex certain property from such city's corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 773. By Representatives Bryant of the 160th, Stephens of the 164th, Day of the 163rd, Stephens of the 161st, Gordon of the 162nd and others:
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, particularly by an Act approved April 21, 1989 (Ga. L. 1989, p. 5105), so as

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to deannex certain property from such city's corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 776. By Representative Parham of the 141st:
A BILL to be entitled an Act to authorize the governing authority of the City of Milledgeville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 778. By Representatives Lunsford of the 110th and Yates of the 73rd:
A BILL to be entitled an Act to authorize the governing authority of the City of Locust Grove to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 781. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 782. By Representative Allison of the 8th:
A BILL to be entitled an Act to provide a homestead exemption from Towns County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 783. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend an Act incorporating the Town of North High Shoals, approved March 24, 1933 (Ga. L. 1933, p. 1040), as amended, so as to extensively revise and restate the town charter; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town 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 submission under the Federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 784. By Representatives Hill of the 21st and Jerguson of the 22nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Canton to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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HB 786. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Guyton, approved May 5, 2006 (Ga. L. 2006, p. 4230), so as to change the corporate boundaries 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 787. By Representatives Greene of the 149th, Powell of the 171st and Dukes of the 150th:
A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to prohibit the authority from issuing any revenue 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 791. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to create and establish the Ellaville-Schley County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 265. By Senator Grant of the 25th:
A BILL to be entitled an Act to create the Public Facilities Authority of the City of Milledgeville and Baldwin County; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership of the authority and their terms of office,

WEDNESDAY, MARCH 25, 2009

3613

qualifications, duties, powers, and compensation; to provide for vacancies; to provide for definitions; to provide for the issuance and sale of revenue bonds and other obligations and their sale, and use of proceeds from such sales; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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

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

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley
Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Hembree
Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long
Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall
McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor
Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bills, the ayes were 152, nays 1.
The Bills, having received the requisite constitutional majority, were passed.
Representative Bryant of the 160th stated that 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 659, HB 772, HB 773, HB 776, HB 778, HB 781, HB 782, HB 783, HB 784, HB 786, HB 787, HB 791, and SB 265 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 the requisite constitutional majority the following bills of the Senate and House:
SB 261. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of St. Mary's 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.
SB 266. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Kingsland 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.
SB 267. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Woodbine ad valorem taxes for municipal purposes in an amount equal to

WEDNESDAY, MARCH 25, 2009

3615

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.
SB 268. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for ante litem notice; to provide for notices and hearings to be conducted prior to any increase in rates, fees, tolls, or charges to customers for water or sewer system services; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 269. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from Brantley County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
SB 270. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from Brantley County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
HB 319. By Representatives Bruce of the 64th, Hembree of the 67th, Brooks of the 63rd and Bearden of the 68th:

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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.
HB 322. 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.
HB 633. By Representatives Martin of the 47th and Jones of the 46th:
A BILL to be entitled an Act to amend an Act to provide for an additional $10,000.00 homestead exemption from certain City of Alpharetta ad valorem taxes for municipal purposes, approved April 23, 1999 (Ga. L.1999, p. 4836), as amended, so as to increase the exemption amount from $30,000.00 to $40,000.00 over a two-year phase-in period; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
HB 701. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to establish a method of appointment for members of the board of the Americus and Sumter County Hospital Authority as authorized pursuant to subsection (d) of Code Section 31-7-72 of the O.C.G.A.; to provide for legislative intent; to provide for direct appointment of members to such authority by the governing bodies of Sumter County and the City of Americus; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committees:
SB 261. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of St. Mary's ad valorem taxes for municipal purposes in an amount

WEDNESDAY, MARCH 25, 2009

3617

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.
SB 266. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Kingsland 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.
SB 267. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Woodbine 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.
SB 268. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for ante litem notice; to provide for notices and hearings to be conducted prior to any increase in rates, fees,

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tolls, or charges to customers for water or sewer system services; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 269. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from Brantley County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 270. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from Brantley County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
The following members were recognized during the period of Morning Orders and addressed the House:
Mangham of the 94th, Johnson of the 75th, Reese of the 98th, Hill of the 21st, Jones of the 44th, Allison of the 8th, Glanton of the 76th, Smyre of the 132nd, and Kaiser of the 59th.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:

WEDNESDAY, MARCH 25, 2009

3619

HR 610. By Representatives Smyre of the 132nd, Epps of the 128th, Heckstall of the 62nd, Dukes of the 150th and Murphy of the 120th:

A RESOLUTION recognizing March 25, 2009, as Omega Psi Phi Fraternity, Inc., Day at the state capitol 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 Bill of the Senate, having previously been read, was again taken up for consideration:

SB 83.

By Senators Rogers of the 21st, Williams of the 19th, Chance of the 16th, Pearson of the 51st, Hill of the 4th 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 increase the amount of the state-wide homestead exemption from all ad valorem taxation for state, county, and school purposes from $2,000.00 to $4,000.00 with automatic future adjustments; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a special election; to provide for automatic repeal under certain circumstances; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

The Committee substitute, having been previously read and adopted, was read and withdrawn.

A BILL

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 a homestead exemption in the amount of $2,000.00 of the assessed value of a homestead in this state with respect to all ad valorem taxes for all residents of the state; to provide for automatic future adjustments of the exemption amount; to provide for a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; 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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, is amended by adding a new Code section to read as follows:
"48-5-44.1. (a) This Code section shall be known and may be cited as the 'Index Adjusted Homestead Exemption.' (b) As used in this Code section, the term:
(1) 'Ad valorem taxes' means all state ad valorem taxes; all county ad valorem taxes for county purposes levied by, for, or on behalf of a county; all county school district and independent school district taxes for educational purposes levied by, for, or on behalf of a school district; and all municipal taxes for municipal purposes levied by, for, or on behalf of a municipality; provided, however, that for purposes of this Code section, such term shall not include any ad valorem taxes to pay interest on and to retire bonded indebtedness. (2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40. (c) Each resident of the state is granted an exemption on that person's homestead from all ad valorem taxes in the amount of $2,000.00 of the assessed value of the homestead of such resident for the taxable year beginning January 1, 2009. For all taxable years beginning on or after January 1, 2010, the exemption amount shall be increased by a percentage equal to the cost-of-living index. No adjustment shall be made in any year in which the cost-of-living index decreases from the percentage amount of such index for the preceding year. The commissioner shall establish and maintain rules governing cost-of-living adjustments. Such rules shall include the determination and use of an appropriate cost-of-living index which reflects the effects of inflation and deflation on persons receiving benefits in the State of Georgia. The rules may use for this purpose the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor or any other similar index established by the federal government, if the commissioner determines that such federal index reflects the effects of inflation and deflation on persons receiving benefits in the State of Georgia. The value of that property in excess of such exempted amount shall remain subject to taxation. (d) A person shall not receive the index adjusted homestead exemption granted by subsection (c) of this Code section unless the person or person's agent files an application with the tax commissioner of the county in which that person resides giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner shall provide application forms for this purpose. (e) The index adjusted homestead exemption shall be claimed and returned as provided in Code Section 48-5-50.1. Such exemption shall be automatically renewed from year to year as long as the person occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (d) of this Code section, it shall

WEDNESDAY, MARCH 25, 2009

3621

not be necessary to make application thereafter for any year and such exemption shall continue to be allowed to such person. It shall be the duty of any person granted the index adjusted homestead exemption under this Code section to notify the tax commissioner of the county in which that person resides in the event that person for any reason becomes ineligible for that exemption. (f) The index adjusted homestead exemption granted by subsection (c) of this section shall be in addition to and not in lieu of any other homestead exemption notwithstanding any provision of any other homestead exemption to the contrary."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the third Tuesday in June, 2009. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the special election. The ballot shall have written thereon the following:
"( ) YES Shall the Act be approved which provides for a state-wide $2,000.00 ( ) NO homestead exemption with automatic future index adjustments?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective immediately 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 special 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 special election date.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to provide a homestead

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exemption in the amount of $2,000.00 of the assessed value of a homestead in this state with respect to all ad valorem taxes for all residents of the state over a two-year phase-in period; to provide for automatic future adjustments of the exemption amount; to provide for a short title; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, is amended by adding a new Code section to read as follows:
"48-5-44.1. (a) This Code section shall be known and may be cited as the 'Index Adjusted Homestead Exemption.' (b) As used in this Code section, the term:
(1) 'Ad valorem taxes' means all state ad valorem taxes; all county ad valorem taxes for county purposes levied by, for, or on behalf of a county; all county school district and independent school district taxes for educational purposes levied by, for, or on behalf of a school district; and all municipal taxes for municipal purposes levied by, for, or on behalf of a municipality; provided, however, that for purposes of this Code section, such term shall not include any ad valorem taxes to pay interest on and to retire bonded indebtedness. (2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40. (c)(1) Each resident of the state is granted an exemption on that person's homestead from all ad valorem taxes:
(A) For the taxable year beginning on or after January 1, 2011, and prior to January 1, 2012, in the amount of $1,000.00 of the assessed value of that homestead; and (B) For all taxable years beginning on or after January 1, 2012, in the amount of $2,000.00 of the assessed value of that homestead. (2) For all taxable years beginning on or after January 1, 2013, the exemption amount shall be increased by a percentage equal to the cost-of-living index. No adjustment shall be made in any year in which the cost-of-living index decreases from the percentage amount of such index for the preceding year. The commissioner shall establish and maintain rules governing cost-of-living adjustments. Such rules shall include the determination and use of an appropriate cost-of-living index which reflects the effects of inflation and deflation on persons receiving benefits in the State of Georgia. The rules may use for this purpose the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor or any other similar index established by the federal government, if the commissioner

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3623

determines that such federal index reflects the effects of inflation and deflation on persons receiving benefits in the State of Georgia. (3) The value of that property in excess of such exempted amount shall remain subject to taxation. (d) A person shall not receive the index adjusted homestead exemption granted by subsection (c) of this Code section unless the person or person's agent files an application with the tax commissioner of the county in which that person resides giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner shall provide application forms for this purpose. (e) The index adjusted homestead exemption shall be claimed and returned as provided in Code Section 48-5-50.1. Such exemption shall be automatically renewed from year to year as long as the person occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (d) of this Code section, it shall not be necessary to make application thereafter for any year and such exemption shall continue to be allowed to such person. It shall be the duty of any person granted the index adjusted homestead exemption under this Code section to notify the tax commissioner of the county in which that person resides in the event that person for any reason becomes ineligible for that exemption. (f) The index adjusted homestead exemption granted by subsection (c) of this section shall be in addition to and not in lieu of any other homestead exemption notwithstanding any provision of any other homestead exemption to the contrary."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 2010, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the special election. The ballot shall have written thereon the following:
"( ) YES Shall the Act be approved which provides for a state-wide $2,000.00 ( ) NO homestead exemption over a two-year phase-in period with automatic
future index adjustments?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 2011, and shall be applicable to all taxable years beginning on or after January 1, 2011. If the Act is not so approved or if the special

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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 special election date.

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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 Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield N Benton N Black 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, D N Collins, T

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson
Floyd N Fludd Y Franklin N Frazier
Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C N Johnson, T Y Jones, J
Jones, S N Jordan
Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix

WEDNESDAY, MARCH 25, 2009

3625

Y Cooper Y Cox

Y Hatfield N Heard

Y Maddox, G N Mangham

Y Roberts Y Rogers

Y Yates Y Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 109, nays 63.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Jones of the 44th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.

The Speaker Pro Tem announced the House in recess until 1:15 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 741. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending Mr. Leon Tompkins for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 742. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending Mrs. Martha Gonzalez Valdez for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 743. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending Mrs. Jean Brown Lambert for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 744. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending Mrs. Gloria M. Ragin for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 745. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending Mrs. Evelyn D. Ross for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 746. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending Mr. Philip Brewton for outstanding contributions to public education in the State of Georgia; and for other purposes.

WEDNESDAY, MARCH 25, 2009

3627

HR 747. By Representatives Murphy of the 120th, Howard of the 121st and Frazier of the 123rd:
A RESOLUTION recognizing and commending Mrs. Ella Springs Jones; and for other purposes.
HR 748. By Representative O`Neal of the 146th:
A RESOLUTION recognizing and commending Major General George T. Lynn; and for other purposes.
HR 749. By Representative Mangham of the 94th:
A RESOLUTION honoring Ms. Earmie L. Ross on the event of her 91st birthday; and for other purposes.
HR 750. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Nia Evans, a great high school basketball player; and for other purposes.
HR 751. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Kimmiko Jiles, a great high school basketball player; and for other purposes.
HR 752. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Sydney Mason, a great high school basketball player; and for other purposes.
HR 753. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Tyauna Ellison, a great high school basketball player; and for other purposes.
HR 754. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending MacKenzie Dalrymple, a great high school basketball player; and for other purposes.

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HR 755. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Audrey Alexander, a great high school basketball player; and for other purposes.
HR 756. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Alisha Andrews, a great high school basketball player; and for other purposes.
HR 757. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Delia Brunson, a great high school basketball player; and for other purposes.
HR 758. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Shadawn Clanton, a great high school basketball player; and for other purposes.
HR 759. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Quortni Fambro, a great high school basketball player; and for other purposes.
HR 760. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Aneesha Daniels, a great high school basketball player; and for other purposes.
HR 761. By Representatives Talton of the 145th, Day of the 163rd and Sellier of the 136th:
A RESOLUTION recognizing and commending Myke'la Lee Lewis; and for other purposes.
HR 762. By Representatives Epps of the 140th and Cole of the 125th:
A RESOLUTION recognizing and commending Mr. H. Frank Sears, Jr.; and for other purposes.

WEDNESDAY, MARCH 25, 2009

3629

HR 763. By Representative Hembree of the 67th:
A RESOLUTION recognizing Motorcycle Safety and Awareness Month; and for other purposes.
HR 764. By Representatives Baker of the 78th, Keen of the 179th and Wilkinson of the 52nd:
A RESOLUTION commending the Golden Isles Shag Club and Mr. Kennan Carter, owner of Ziggy Mahoney's; and for other purposes.
HR 765. By Representative Epps of the 140th:
A RESOLUTION commending Ms. Paula Carol Wright, the 2009 Clifton Ridge Middle School Teacher of the Year; and for other purposes.
HR 766. By Representative Epps of the 140th:
A RESOLUTION commending Mr. Royce James on the occasion of his retirement; and for other purposes.
HR 767. By Representatives Abrams of the 84th and Oliver of the 83rd:
A RESOLUTION recognizing and commending Professor Natasha Trethewey of Emory University; and for other purposes.
HR 768. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Olydia Walker, a great high school basketball player; and for other purposes.
HR 769. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Zakiyya Vinson, a great high school basketball player; and for other purposes.
HR 770. By Representative Mitchell of the 88th:
A RESOLUTION recognizing and commending Kierra Paige, a great high school basketball player; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:

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SB 97.

By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th:

A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to change the designation of the State Merit System of Personnel Administration to the State Personnel Administration; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Byrd Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Coan Y Cole Y Coleman Y Collins, D Y Collins, T Cooper Y Cox

Y Crawford Davis, H Davis, S
Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Heckstall Hembree
Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James Jerguson Y Johnson, C Y Johnson, T Y Jones, J Jones, S E Jordan Y Kaiser Y Keen Y Keown Knight E Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Lucas Lunsford Y Maddox, B Maddox, G Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey E Randall
Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 133, nays 0.

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Shaw Y Sheldon Shipp Sims, B Y Sims, C Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

WEDNESDAY, MARCH 25, 2009

3631

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

Representatives Davis of the 109th, Hatfield of the 177th, Hembree of the 67th, Maddox of the 172nd, Mangham of the 94th, Reece of the 11th, Setzler of the 35th, Shipp of the 58th, Sims of the 119th, and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 98.

By Senators Grant of the 25th, Tate of the 38th, Seay of the 34th and Unterman of the 45th:

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 certain references to the State Merit System of Personnel Administration to the State Personnel Administration; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Byrd Carter, A Y Carter, B Y Casas Y Chambers

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day
Dempsey E Dickson Y Dobbs Y Dollar Y Dooley
Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Heckstall Hembree Henson
Y Hill, C Y Hill, C.A Y Holt Y Horne
Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James Jerguson Y Johnson, C Y Johnson, T Y Jones, J Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight E Knox Y Lane, B Y Lane, R

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon
Shipp Sims, B Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Weldon

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Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D
Collins, T Cooper Y Cox

E Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Lunsford Y Maddox, B Maddox, G Mangham

Y Pruett Y Ralston
Ramsey E Randall
Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 135, nays 0.

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

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

Representatives Collins of the 95th, Davis of the 109th, Dempsey of the 13th, Hembree of the 67th, Houston of the 170th, Maddox of the 172nd, Mangham of the 94th, Reece of the 11th, Setzler of the 35th, Shipp of the 58th, Sims of the 119th, and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 109. By Senator Smith of the 52nd:

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 certain duties and obligations from the Department of Administrative Services to the Council of Superior Court Judges of Georgia, the Council of State Court Judges of Georgia, the Prosecuting Attorneys' Council of the State of Georgia, and the Council of Juvenile Court Judges, as appropriate; to provide for certain reporting; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley Y Drenner

Y Heckstall Hembree
Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne
Houston Y Howard
Hudson Y Hugley

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills

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

WEDNESDAY, MARCH 25, 2009

3633

Y Beasley-Teague Y Benfield Y Benton
Black Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler
Byrd Carter, A Y Carter, B Y Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Collins, T Cooper Y Cox

Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jackson Y Jacobs
James Jerguson Y Johnson, C Y Johnson, T Y Jones, J Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight E Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Mangham

Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston
Ramsey E Randall
Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 148, nays 0.

Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representatives Davis of the 109th, Hembree of the 67th, Houston of the 170th, Maddox of the 172nd, Mangham of the 94th, Shipp of the 58th, and Stephenson of the 92nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 162. By Senators Grant of the 25th and Williams of the 19th:

A BILL to be entitled an Act to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to authorize security guards and detectives to obtain individual licensure for employment; 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

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To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions related to certain professions and businesses; to repeal Code Section 43-16-4, relating to surety bonds relative to firearms dealers, and designate it as reserved; to change certain provisions related to the registration of armed employees; to authorize security guards and detectives to obtain individual licensure for employment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Code Section 43-16-4, relating to surety bonds relative to firearms dealers, as follows:
"43-16-4. There shall be filed with the application for a license under this chapter a bond for the sum of $1,000.00, payable to the State of Georgia and conditioned upon the faithful performance of all provisions of this chapter, signed by the applicant as principal, and with a surety company or two individuals as securities. Such bond must be approved by the department. Reserved."
SECTION 2. Said title is further amended by revising Code Section 43-38-7, relating to registration of armed employees, qualifications, continuing education, fingerprints, registration card, and suspension, as follows:
"43-38-7. (a) Any licensee employer may employ as many agents, guards, watchmen, or patrolmen as he or she deems necessary for the conduct of his or her business, provided that such employees meet the requirements and qualifications for registration licensure under this chapter.
(b)(1) Except as provided in paragraph (2) of this subsection, within 30 180 days of hiring such agents, operators, assistants, guards, watchmen, or patrolmen, the licensee completing board mandated prelicensure training, potential licensees shall make application to register such employees be licensed with the board. (2) Any guard, watchman, or patrolman who will be unarmed and who will be employed in the private security business shall not be registered required to be licensed by the board but shall be governed by Code Section 43-38-7.1. (c)(1) Except as otherwise provided in paragraph (2) of subsection (b) of this Code section, upon being satisfied of the employee's applicant's character, competency, and eligibility for registration licensure, the board may register license such employee applicant if her or she:
(A) Is The employee is at least 18 years of age; (B) Is The employee is a citizen of the United States or a registered resident alien;

WEDNESDAY, MARCH 25, 2009

3635

(C) Is The employee is of good moral character; (D) Has The employee has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the employee applicant has been convicted of such crime, or has entered a plea of nolo contendere to such crime, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may allow the employee applicant to be registered licensed; (E) Has The employee has not committed an act constituting dishonesty or fraud; and (F) Meets The employee meets such other qualifications as the board may prescribe by rule. (2) The board shall be authorized to require continuing education as a condition of renewal for all persons required to be licensed or registered with the board under this chapter. The board shall be authorized to promulgate rules and regulations addressing the requirement for continuing education and circumstances for which a waiver of this requirement may be granted. (d) The license application for registration shall be made in writing, under oath, and on a form to be furnished by the division director. The application shall state the employee's applicant's full name, age, and date and place of birth; residences and employment within the past five years; experience in the position applied for or held; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such other information as the board may require. The license application for registration shall be accompanied by two sets of fingerprints of the employee applicant and one photograph of the employee applicant, two inches wide by three inches high, full face, and taken within six months prior to the application. The board shall have discretion to deny registration a license to any individual when the information and supporting documentation required by this subsection are not provided. (e) Upon granting an application for registration a license pursuant to this Code section, the board shall so notify the employer-licensee licensee. An employer The employer-licensee shall notify the board within 30 days of the hiring or termination of employment of any registered employees employee licensed under this Code section. (f) Upon receipt of a registration license card issued by the board pursuant to this chapter, the registrant licensee shall maintain said card on his person at all times while on his post or at his place of employment and at all times when the registrant licensee wears a uniform in the course of his employment in the private detective or private security business. (g) Notwithstanding any other provisions of this Code section, any person who is to be registered licensed under this Code section shall agree in writing on the application that

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JOURNAL OF THE HOUSE

if such person to be registered makes a false statement in the application or if such person has been is found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any registration license granted to such applicant person without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension."

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 Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague N Benfield Y Benton N Black Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A
Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson N Dobbs Y Dollar Y Dooley N Drenner Y Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson N Floyd
Fludd Y Franklin Y Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

Y Heckstall Hembree
N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson N Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan N Kaiser Y Keen Y Keown Y Knight E Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston E Ramsey

Y Rynders Y Scott, A Y Scott, M N Sellier
Setzler N Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A

WEDNESDAY, MARCH 25, 2009

3637

Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Hanner Harbin
Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 144, nays 20.

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

Representatives Carter of the 159th 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.

Representative Epps of the 140th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 14.

By Senators Douglas of the 17th, Rogers of the 21st, Goggans of the 7th, Murphy of the 27th, Hawkins of the 49th and others:

A BILL to be entitled an Act to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to election of county board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, so as to provide that no person who is on the national or state sex offender registry shall be eligible for election to or service on a local board of education; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley Y Drenner

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall
McKillip Y Meadows Y Millar Y Mills

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C
Sinkfield

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JOURNAL OF THE HOUSE

Y Beasley-Teague Y Benfield Y Benton Y Black 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 Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Dukes Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jackson E Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston E Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 161, nays 1.

Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representatives Ehrhart of the 36th 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 Shipp of the 58th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 210. By Senators Johnson of the 1st, Hudgens of the 47th, Cowsert of the 46th, Goggans of the 7th, Weber of the 40th and others:

A BILL to be entitled an Act to amend Code Section 20-2-306 of the Official Code of Georgia Annotated, relating to the honors program and residential high school program, so as to include home schooled students among those students eligible to participate in the student honors program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 25, 2009

3639

The report of the Committee, which was favorable to the 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 Allison
Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E 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 Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston E Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 157, nays 0.

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton
Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representatives Loudermilk of the 14th 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.

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JOURNAL OF THE HOUSE

SB 13.

By Senators Smith of the 52nd, Cowsert of the 46th, Tarver of the 22nd, Reed of the 35th, Hamrick of the 30th and others:

A BILL to be entitled an Act 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 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 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 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."

WEDNESDAY, MARCH 25, 2009

3641

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 accused, or the absence of any prior conviction and pleas. (2) The judge shall also hear argument by the defendant accused or the defendant's accused'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 accused or the defendant's accused'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 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 accused. 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."

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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 accused 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 accused 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 sentencereducing measures under programs administered by the Department of Corrections. (3) For a first conviction of a serious violent felony in which the accused 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."
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.

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(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 accused 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 accused 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 accused 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 not guilty of the offense for which he or she was sentenced; and (2) That 'life imprisonment' means that the accused 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 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 the effective date of this Act. With express written consent of

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the state, an accused whose offense was committed prior to the effective date of this Act 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 accused 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 the effective date of this Act.

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 upon its approval by the Governor or upon its becoming law without such approval and shall apply to all crimes committed on and after such date, and except as provided in Section 8 of this Act, the law as set forth in Section 2 and in Sections 3 through 7 of this Act as it existed prior to the effective date of this Act shall apply to all offenses committed on and before such date. (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 report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey E Dickson Y Dobbs Y Dollar Y Dooley

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holt Y Horne Y Houston Y Howard Y Hudson

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C

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Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E 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 Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hugley Y Jackson E Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas
Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

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

Representative Jacobs of the 80th was excused on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Maxwell of the 17th 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.

SB 44.

By Senators Tolleson of the 20th, Mullis of the 53rd, Rogers of the 21st, Hooks of the 14th, Harp of the 29th and others:

A BILL to be entitled an Act to amend Titles 20 and 50 of the Official Code of Georgia Annotated, relating to education and state government, respectively, so as to provide purchasing preferences for Georgia products and sellers; to repeal conflicting laws; and for other purposes.

The following amendment was read:

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Representative Franklin of the 43rd moves to amend SB 44 by striking line 1 and inserting in lieu thereof 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 prohibit the use of genetically modified foods or processed foods made therefrom in public school breakfast and lunch programs; to encourage the use of locally grown foods in such programs; to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,
By inserting immediately following line 14 the following:
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising the introductory paragraph and paragraph (1) of subsection (b) of Code Section 20-2-66, relating to school breakfast programs, as follows:
"(b) The State Board of Education shall promulgate rules and regulations which: (1) Establish minimum nutritional requirements for school breakfast programs which meet or exceed the minimum federal regulations; provided, however, that the use of genetically modified foods or processed foods made therefrom in such breakfast programs shall be prohibited. The use of locally grown fresh foods from individual farmers or farmers' markets, such as fruits and vegetables similar to those made available through state farmers' market nutrition programs, shall be encouraged to the greatest extent practicable and consistent with nutritional requirements. As used in this paragraph, the term 'genetically modified food' means a food that has been genetically altered through the insertion of deoxyribonucleic acid (DNA) from one plant or animal species into the DNA of another species, as opposed to conventional genetic modification that is carried out through conventional breeding;"
SECTION 2. Said chapter is further amended in Code Section 20-2-187, relating to a state-wide school lunch program, by adding a new subsection to read as follows:
"(a.1) The State Board of Education shall promulgate rules and regulations which establish minimum nutritional requirements for the state-wide school lunch program; provided, however, that the use of genetically modified foods or processed foods made therefrom in such lunch program shall be prohibited. The use of locally grown fresh foods from individual farmers or farmers' markets, such as fruits and vegetables similar to those made available through state farmers' market nutrition programs, shall be encouraged to the greatest extent practicable and consistent with nutritional requirements. As used in this subsection, the term 'genetically modified food' means a food that has been genetically altered through the insertion of deoxyribonucleic acid (DNA) from one plant or animal species into the DNA of another species, as opposed to conventional genetic modification that is carried out through conventional breeding."

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SECTION 3.

By renumbering Sections 2 through 7 as Sections 4 through 9, respectively.

The following amendment was read:

Representative McCall of the 30th et al. move to amend the amendment to SB 44 numbered AM 21 3650 by striking lines 3 through 5 of said amendment and inserting in lieu thereof the following:

elementary and secondary education, so as to encourage the use of locally grown foods in public school breakfast and lunch programs; to amend Article 10 of Chapter

By striking lines 13 through 22 and inserting in lieu thereof the following:

meet or exceed the minimum federal regulations. The use of locally grown fresh foods from individual farmers or farmers' markets, such as fruits and vegetables similar to those made available through state farmers' market nutrition programs, shall be encouraged to the greatest extent practicable and consistent with nutritional requirements;"

By striking lines 28 through 36 and inserting in lieu thereof the following:

however, that the use of locally grown fresh foods from individual farmers or farmers' markets, such as fruits and vegetables similar to those made available through state farmers' market nutrition programs, shall be encouraged to the greatest extent practicable and consistent with nutritional requirements."

Pursuant to Rule 133, Representative Lindsey of the 54th was excused from voting on SB 44 and all amendments thereto.

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

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B

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Y Benfield Y Benton Y Black Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B N Casas E Chambers
Channell Cheokas Y Coan Cole Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox

E Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R E Levitas
Lindsey Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston E Ramsey E Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the adoption of the amendment, the ayes were 153, nays 5.

Y Smith, L Y Smith, R Y Smith, T
Smith, V Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

The amendment was adopted.

There being no motion made by Representative Franklin of the 43rd to adopt the Franklin amendment, as amended, the amendment, as amended, 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:

Y Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes E Ehrhart Y England

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris

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

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Y Black Y Brooks E Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B
Casas E Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R E Levitas
Lindsey Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham
Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston E Ramsey E Randall Y Reece Y Reese N Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 157, nays 5.

Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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 action thereon:

HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others:

A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

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A BILL
To amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to provide for a board for each agency; to reconstitute the Board of Community Health; to abolish the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; 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 Department of Health.
SECTION 1-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising and redesignating Chapter 5A, relating to the Department of Community Health, and revising Chapter 2, relating to the Department of Human Resources, as follows:
"CHAPTER 2
31-5A-1. 31-2-1. Given the growing concern and complexities of health issues in this state, it is the intent of the General Assembly to create a Department of Community Health dedicated to health issues. Recognizing that the manner in which health care is currently administered at the state level is fragmented and often unresponsive to health care issues, the new department is created for the following purposes The Department of Health shall safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to:
(1) To serve Serve as the lead planning agency for all health issues in the state to remedy the current situation wherein the responsibility for health care policy, purchasing, planning, and regulation is spread among many different agencies; (2) To permit Permit the state to maximize its purchasing power and to administer its operations in a manner so as to receive the maximum amount of federal financial participation available in expenditures of the department inasmuch as the state now has none of its health care purchasing coordinated;

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(3) To minimize Minimize duplication and maximize administrative efficiency in the state's health care systems by removing overlapping functions and streamlining uncoordinated programs; (4) To allow Allow the state to develop a better health care infrastructure that is more responsive to the consumers it serves while improving access to and coverage for health care; and (5) To focus Focus more attention and departmental procedures on the issue of wellness, including diet, exercise, and personal responsibility; (6) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (7) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health; (8) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (9) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (10) Procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (11) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense, emergency preparedness, and emergency response; (12) Prevent, detect, and relieve physical defects and deformities; (13) Promote the prevention, early detection, and control of problems affecting the dental and oral health of the citizens of Georgia; (14) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (15) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (16) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder;

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(17) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy; and (18) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his or her inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests the services authorized in this paragraph, or the individual for whom the laboratory services authorized in this paragraph are performed, shall be responsible for payment of the service fees. As used in this paragraph, the term 'individual' means a natural person or his or her responsible health benefit policy or Title XVIII, XIX, or XXI of the federal Social Security Act of 1935.
31-5A-2. 31-2-2. Notwithstanding the provisions of Code Section 31-1-1, as As used in this chapter, the term:
(1) 'Board' means the State Board of Community Health established under Code Section 31-5A-3 31-2-3. (2) 'Commissioner' means the commissioner of community health established under Code Section 31-5A-6 31-2-6. (3) 'Department' means the Department of Community Health established under Code Section 31-5A-4 31-2-4. (4) 'Department divisions' means the Division of Health Planning, Division of Medical Assistance, Division of Public Employee Health Benefits, and any other division of the department established by the board. (5) 'Division of Health Planning' means the Division of Health Planning established as such pursuant to paragraph (1) of subsection (b) of Code Section 31-5A-4. (6) 'Division of Medical Assistance' means the Division of Medical Assistance established as such pursuant to paragraph (2) of subsection (b) of Code Section 315A-4. (7) 'Division of Public Employee Health Benefits' means the Division of Public Employee Health Benefits established as such pursuant to paragraph (3) of subsection (b) of Code Section 31-5A-4. (8)(4) 'Predecessor agency or unit' means the State Personnel Board, solely with respect to actions regarding the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance Department of Community Health, the Division of Public Health of the Department of Human Resources, and the Office of Regulatory Services of the Department of Human Resources.

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(9)(5) 'State health benefit plan' means the health insurance plan authorized under Article 1 of Chapter 18 of Title 45 and Part 6 of Article 17 of Chapter 2 of Title 20. (10)(6) 'State Personnel Board' means the board established under Article IV, Section III of the Constitution.
31-5A-3. 31-2-3. (a) There is created the State Board of Community Health, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Community Health. The powers, functions, and duties of the Board of Medical Assistance Community Health as they existed on June 30, 1999 2009, with regard to the Department of Medical Assistance, and the powers, functions, and duties of the State Personnel Board as they existed on June 30, 1999, with regard to the state health benefit plan, are transferred to the State Board of Community Health effective July 1, 1999 2009, and the Board of Community Health as it existed on June 30, 2009 shall be reconstituted as the Board of Health effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Board members in office on June 30, 2009, shall serve out the remainder of their respective terms and successors to these board seats shall be appointed in accordance with this Code section. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards.
31-5A-4. 31-2-4. (a)(1) The Department of Community Health is created and established to perform the functions and assume the duties and powers exercised on June 30, 1999 2009, by the State Personnel Board solely with respect to the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance Department of Community Health, the Division of Public Health of the Department of Human

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Resources, and the Office of Regulatory Services of the Department of Human Resources, unless specifically transferred to the Department of Human Services, and such department, division, and office shall be reconstituted as the Department of Health effective July 1, 2009. The department shall also assume retain powers and responsibility with respect to the expenditure of any funds appropriated to the department including, without being limited to, funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies, State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E-61692, V19/246 (Fulton County Superior Court, December 9, 1998). (b) The divisions of the department shall be as follows: (1) The Health Planning Agency, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Health Planning within the department; (2) The Department of Medical Assistance, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Medical Assistance within the department; (3) The Health Benefit Services Division of the State Merit System of Personnel Administration, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Public Employee Health Benefits within the department; and (4) Such other divisions as the board may establish within the department. (c)(2) The executive director of the Health Planning Agency Division of Public Health in office on June 30, 1999 2009, the commissioner of medical assistance in office on June 30, 1999, and the director of the Health Benefit Services Division of the State Merit System of Personnel Administration Office of Regulatory Services in office on June 30, 1999 2009, shall become directors of the respective divisions division or office which those predecessor agencies or divisions units have become on and after July 1, 1999 2009, and until such time as the commissioner appoints other directors of such divisions or units. (d)(b)(1) There is created in the department the Office of Women's Health. Attached to the office shall be an 11 member advisory council. The members of the advisory council shall be appointed by the Governor and shall be representative of major public and private agencies and organizations in the state and shall be experienced in or have demonstrated particular interest in women's health issues. Each member shall be appointed for two years and until his or her successor is appointed. The members shall be eligible to succeed themselves. The council shall elect its chairperson from among the councilmembers for a term of two years. The Governor may name an honorary chairperson of the council. (2) The Office of Women's Health shall serve in an advisory capacity to the Governor, the General Assembly, the board, the department, and all other state agencies in matters relating to women's health. In particular, the office shall:
(A) Raise awareness of women's nonreproductive health issues;

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(B) Inform and engage in prevention and education activities relating to women's nonreproductive health issues; (C) Serve as a clearing-house for women's health information for purposes of planning and coordination; (D) Issue reports of the office's activities and findings; and (E) Develop and distribute a state comprehensive plan to address women's health issues. (3) The Office of Women's Health shall have a full-time executive director appointed by the commissioner and shall be provided with staff personnel, office and meeting facilities, and other necessary items by the department. The council shall meet upon the call of its chairperson, the board, or the commissioner. (e)(c) The board of regents Board of Regents of the University System of Georgia is authorized to contract with the department for health benefits for members, employees, and retirees of the board of regents and the dependents of such members, employees, and retirees and for the administration of such health benefits. The department is also authorized to contract with the board of regents for such purposes. (f)(d) In addition to its other powers, duties, and functions, the department: (1) Shall be the lead agency in coordinating and purchasing health care benefit plans for state and public employees, dependents, and retirees and may also coordinate with the board of regents for the purchase and administration of such health care benefit plans for its members, employees, dependents, and retirees; (2) Is authorized to plan and coordinate medical education and physician workforce issues; (3) Is authorized to convene at least quarterly a state agency coordinating committee comprised of the commissioners, directors, chairpersons, or their designees, of the following agencies involved in health related activities: the Department of Human Resources, including the Division of Public Health, the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, and the Division of Aging Services thereof, the Department of Juvenile Justice, the Department of Corrections, the Insurance Department, the State Merit System of Personnel Administration, the State Board of Workers' Compensation, and the Governor's Office of Planning and Budget. The board of regents may also designate a person to serve on the coordinating committee. The committee will convene for the purposes of planning and coordinating health issues that have interagency considerations. The commissioner of the department will serve as the chairperson of the state agency coordinating committee and will report to the Governor the activities, findings, and recommendations of the committee; (4) Shall investigate the lack of availability of health insurance coverage and the issues associated with the uninsured population of this state. In particular, the department is authorized to investigate the feasibility of creating and administering insurance programs for small businesses and political subdivisions of the state and to propose cost-effective solutions to reducing the numbers of uninsured in this state;

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(5) Shall study and recommend any additional functions needed to carry out the purposes of the department, including the creation of a consumer medical advocate. Such recommendations shall be made to the Governor and General Assembly by December 31, 1999; (6)(4) Is authorized to appoint a health care work force policy advisory committee to oversee and coordinate work force planning activities; (7)(5) Is authorized to solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes; and (8)(6) Is authorized to award grants, as funds are available, to hospital authorities and hospitals for public health purposes, pursuant to Code Sections 31-7-94 and 31-794.1.; (7) Shall make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for such purposes of the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budget required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited.
31-5A-5. 31-2-5. (a) To assist in the transition of functions, until July 1, 2000, the State Merit System of Personnel Administration shall perform payroll, accounting, and purchasing services and other general support services on behalf of the Division of Public Employee Health Benefits. (b) All persons employed in a predecessor agency or unit on June 30, 1999 2009, shall, on July 1, 1999 2009, become employees of the department within the division which such predecessor agency has become. Such employees shall be subject to the

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employment practices and policies of the department on and after July 1, 1999 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, 1999 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, 1999 2009. Accrued annual and sick leave possessed by said employees on June 30, 1999 2009, shall be retained by said employees as employees of the department.
(c)(b)(1) The department shall conform to federal standards for a merit system of personnel administration in any respects necessary for receiving federal grants, and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards. (2) The department is authorized to employ, on a full-time or part-time basis, such medical, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary. (3) Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules of the State Personnel Board. (4) All personnel of the department are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the department, or otherwise had by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. (d)(c) The department shall succeed to all rules, regulations, policies, procedures, and administrative orders of the predecessor agencies agency or unit which were in effect on June 30, 1999 2009, or scheduled to go into effect on or after July 1, 1999 2009, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. Rules of the department shall be adopted, promulgated, and implemented as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only the Division of Health Planning rules promulgated pursuant to Chapter 6 of this title shall be subject to the provisions of Code Section 316-21.1.

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(e)(d) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 1999 2009, by any predecessor agency or unit and which pertain to the functions transferred to the department by this chapter 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. In all such instances, the Department of Community Health shall be substituted for the predecessor agency or unit, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (e) On July 1, 2009, the department shall receive custody of the state owned real property in the custody of the predecessor agency or unit on June 30, 2009, and which pertains to the functions transferred to the department by this chapter.
(f)(1) The Governor is authorized to transfer to the Division of Public Employee Health Benefits of the department, by executive order, employees of the State Merit System of Personnel Administration who were performing functions for the Health Benefit Services Division of that system on June 30, 1999, whether or not they were also performing functions other than functions for that division. Employees so transferred shall become employees of the Division of Public Employee Health Benefits of the department. (2) The commissioner is authorized to transfer department employees from one division to another division within the department.
31-5A-6. 31-2-6. (a) There is created the position of commissioner of community health. The commissioner shall be the chief administrative officer of the department and shall be subject to appointment and removal by the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. (b) There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department.
31-2-1. The Department of Human Resources is created and established to safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to:
(1) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (2) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health;

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(3) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (4) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (5) Manufacture drugs and biologicals which are not readily available on the market and not manufactured for commercial purposes, when expressly authorized and shown on the minutes of the department; to procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (6) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense; (7) Detect and relieve physical defects and deformities and provide treatment for mental and emotional disorders and infirmities; (8) Promote the prevention, early detection, and control of problems affecting the dental health of the citizens of Georgia; (9) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (10) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (11) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder; (12) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy; and (13) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests services authorized in this Code

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section shall pay the fee. As used in this Code section, the term 'individual' means a natural person.
31-2-2. 31-2-7. The department is designated and empowered as the agency of this state to apply for, receive, and administer grants and donations for health purposes from the federal government and from any of its departments, agencies, and instrumentalities; from appropriations of the state; and from any other sources in conformity with law, including but not limited to Code Section 49-4-152. The department shall have the authority to prescribe the purposes for which such funds may be used in order to:
(1) Provide, extend, and improve maternal and child health services; (2) Locate children already crippled disabled or suffering from conditions leading to crippling a disability and provide for such children medical, surgical, corrective, and other services and to provide for facilities for diagnosis, hospitalization, and aftercare; (3) Advance the prevention and control of cancer and of venereal, tubercular, and other diseases; (4) Forestall and correct conditions that, if left to run their course, could be injurious to health; (5) Conduct programs which lie within the scope and the power of the department relating to industrial hygiene, control of ionizing radiation, occupational health, water quality, water pollution control, and planning and development of water resources; (6) Administer grants-in-aid to assist in the construction of publicly owned and operated general and special medical facilities; (7) Conduct programs:
(A) Relating to chronic illness; (B) Relating to the dental and oral health of the people of this state which are appropriate to the purpose of the department; and (C) Relating to the mental and physical health of the people of this state which are appropriate to the purpose of the department; and (8) Develop the health aspects of civil defense emergency preparedness and emergency response. When a plan is required to be approved by any department, agency, or instrumentality of the federal government as condition precedent to the making of grants for health purposes, the department, as agent of this state, is directed to formulate, submit, and secure approval of that plan and thereafter, upon its approval and the receipt of funds payable thereunder, to carry the plan into effect in accordance with its terms, applying thereto the funds so received as well as other applicable amounts from whatever source.
31-2-3. 31-2-8. The department, from time to time, shall make or cause to be made studies and surveys to determine the quality, scope, and reach of its programs.

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31-2-4. 31-2-9. (a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations shall be adapted to the purposes intended, within the purview of the powers and duties imposed upon the department by this chapter, and supersede conflicting rules, regulations, and orders adopted pursuant to the authority of Chapter 3 of this title. (b) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for facilities or entities regulated by the department as follows:
(1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of facilities may only be approved by the State Board of Human Resources Health and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of facilities shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or (5) Variances or waivers which affect only one facility in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. This subsection shall not apply to rules adopted by the department pursuant to Code Section 31-6-21.1. (c) The department may exempt classes of facilities from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board.

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31-2-5. 31-2-10. Actions at law and in equity against the department, the board, or any of its members predicated upon omissions or acts done in their official capacity or under color thereof shall be brought in the appropriate county; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent.
31-2-6. 31-2-11. (a) This Code section shall be applicable to any agency, center, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title; Chapter 5 of Title 26; paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20; and Chapter 5 and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has:
(1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provisions provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provisions provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license, permit, registration, or commission for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity;

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(5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity, except that no fine may be imposed against any nursing facility, nursing home, or intermediate care facility which is subject to intermediate sanctions under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, whether or not those sanctions are actually imposed; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public. (d)(1) With respect to any facility classified as a nursing facility, nursing home, or intermediate care home, the department may not take an action to fine or restrict the license of any such facility based on the same act, occurrence, or omission for which:
(A) The facility has received an intermediate sanction under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, or 42 U.S.C. Section 1395i-3(h)(2)(B); or (B) Such facility has been served formal notice of intent to take such a sanction which the Department of Community Health department based on administrative review or any other appropriate body based on administrative or judicial review determines not to impose; provided, however, that nothing in this subsection shall prohibit the department from utilizing the provisions authorized under subsection (f) of this Code section. (2) When any civil monetary penalty is recommended and imposed against such facility, and the department does not resurvey the facility within 48 hours after the date by which all items on a plan of correction submitted by the facility are to be completed, the accrual of any resulting civil monetary penalties shall be suspended until the facility is resurveyed by the department. (3) If the department resurveys such facility beyond 48 hours after the final date for completion of all items on the plan of correction submitted by the facility, and the facility is not in substantial compliance with the applicable standards, any civil monetary penalties imposed shall relate back to the date on which such penalties were suspended. (4) Notwithstanding the provisions of paragraphs (2) and (3) of this subsection, nothing contained in said paragraphs (2) and (3) of this subsection shall be construed as requiring the state survey agency to act in violation of applicable federal law, regulations, and guidelines. (e) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an

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application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (f) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein, and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (g) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity 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 (c) of this Code section. (h) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (i) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (j) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (k) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (l) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (m) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may

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now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (n) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section.
31-2-7. 31-2-12. (a) As used in this Code section, the term:
(1) 'Chamber system' means a system of chambers with each chamber being a molded polyolefin plastic, arch shaped, hollow structure with an exposed bottom area and solid top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall soil areas. Chambers may be of different sizes and configurations to obtain desired surface areas. (2) 'Conventional system' means a system traditionally used composed of perforated pipe surrounded by gravel or stone masking for the infiltration of effluent into adjoining bottom and side soil areas. (3) 'On-site sewage management system' means a sewage management system other than a public or community sewage treatment system serving one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for human occupancy or congregation. Such term shall include, without limitation, conventional and chamber septic tank systems, privies, and experimental and alternative on-site sewage management systems which are designed to be physically incapable of a surface discharge of effluent that may be approved by the department. (4) 'Prior approved system' means only a chamber system or conventional system or component of such system which is designed to be physically incapable of a surface discharge of effluent and which was properly approved pursuant to subparagraph (a)(2)(B) of this Code section, as such Code section became law on April 19, 1994, for use according to manufacturers' recommendations, prior to April 14, 1997. (5) 'Unsatisfactory service' means documented substandard performance as compared to other approved systems or components. (b) The Department of Human Resources department shall have the authority as it deems necessary and proper to adopt state-wide regulations for on-site, sewage management systems, including but not limited to experimental and alternative systems. The department is authorized to require that any such on-site sewage management system be examined and approved prior to allowing the use of such system in the state; provided, however, that any prior approved system shall continue to be approved for installation in every county of the state pursuant to the manufacturer's recommendations, including sizing of no less than 50 percent of trench length of a conventional system designed for equal flows in similar soil conditions. Upon written request of one-half or more of the health districts in the state, the department is authorized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such

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system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination.
(c)(1) This subsection shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county, municipality, or state agency may require any certified septic tank installer or certified septic tank pumper who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes. (2) In order to protect the public from damages arising from any work by a certified septic tank installer or certified septic tank pumper, which work fails to comply with any state construction codes or with the ordinances or building and construction codes adopted by any county or municipal corporation, any such certified septic tank installer or certified septic tank pumper may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the local county or municipal health department. Such bond shall be conditioned upon all work done or supervised by such certificate holder complying with the provisions of any state construction codes or any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said certificate holder's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond. (3) In any case where a bond is required under this subsection, the certified septic tank installer or certified septic tank pumper shall file a copy of the bond with the county or municipal health department in the political subdivision wherein the work is being performed. (4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13. (d) This Code section does not restrict the work of a plumber licensed by the State Construction Industry Licensing Board to access any on-site sewage management system for the purpose of servicing or repairing any plumbing system or connection to the on-site sewage management system.

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31-2-8. 31-2-13. Until July 1, 2012, the department shall provide by rule or regulation for the regulation of any land disposal site that receives septic tank waste from only one septic tank pumping and hauling business and which as of June 30, 2007, operated under a valid permit for such activity as issued by the department (previously known as the Department of Human Resources for these purposes) under this Code section. No new permit shall be issued by the department under this Code section for such type of site on or after July 1, 2007, but instead any new permit issued for such type of site on or after such date shall be issued by the Department of Natural Resources under Code Section 12-8-41. This Code section shall stand repealed on July 1, 2012.
31-2-9. (a) The General Assembly makes the following findings:
(1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the injury prevention section of the Division of Public Health of the Department of Human Resources. (c) The injury prevention section, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the department's Division of Aging Services, Division of Family and Children Services, and Division of Mental Health, Developmental Disabilities, and Addictive Diseases, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide;

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(5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the Department of Human Resources in reviewing suicide death scene investigations; (7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external cause of injuries; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and (11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall be provided staff to consist of a full-time coordinator, half-time data analyst/epidemiologist, and administrative support, all subject to available funding.
31-2-14. (a) As used in this Code section, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses:
(A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:

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(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; or (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who: (A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means fingerprints 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 and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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(c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application.
(2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are

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made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of Title 49 or Article 11 of Chapter 7 of this title. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section.
31-5A-7. 31-2-15. Performance and outcome data and pricing data for selected medical conditions, surgeries, and procedures in hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers in Georgia shall be reported to the Department of Community Health on a regular basis. The department shall provide for the establishment of a website for the purpose of providing consumers information on the cost and quality of health care in Georgia to include but not be limited to cost comparison information on certain prescription drugs at different pharmacies in Georgia, hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers and facilities in Georgia.
31-5A-8. 31-2-16. (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:

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(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 residents. 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 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 Health or its predecessor, the Department of Community Health, on or after July 1, 2008. (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 1-2. Said title is further amended by revising Code Section 31-1-1, relating to definitions relative to health generally, as follows:
"31-1-1. Except as specifically provided otherwise, as used in this title, the term:
(1) 'Board' means the State Board of Human Resources Health. (2) 'Commissioner' means the commissioner of human resources health. (3) 'Department' means the Department of Human Resources Health."

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SECTION 1-3. Said title is further amended by adding a new Code section to read as follows:
"31-1-10. (a) The position of State Health Officer is created. The commissioner of health or the director of the Division of Public Health of the Department of Health shall be the State Health Officer, as designated by the Governor. (b) The State Health Officer shall perform such health emergency preparedness and response duties as assigned by the Governor."
SECTION 1-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Community Health" wherever it occurs with "Department of Health":
(1) Code Section 9-2-21, relating to parties to actions to torts and notice to the Department of Community Health for a party who has received medical assistance benefits; (2) Code Section 19-10A-2, relating to the definition of the term "medical facility" for purposes of the "Safe Place for Newborns Act of 2002"; (3) Code Section 19-11-27, relating to accident and sickness insurance coverage for children; (4) Code Section 20-3-476, relating to authorization and administration of loan program for attendance at Colleges of Osteopathic Medicine; (5) Code Section 20-3-511, relating to employment of staff and director for the State Medical Education Board; (6) Code Section 20-3-513, relating to determination of amount of a medical loan or scholarship by the State Medical Education Board; (7) Code Section 20-3-516, relating to funds for medical loans or scholarships; (8) Code Section 24-9-47, relating to disclosure of AIDS confidential information; (9) Code Section 25-2-13, relating to buildings presenting special hazards to persons or property; (10) Code Section 26-4-115.1, relating to requirement that certain wholesale distributors of controlled substances and dangerous drugs provide price and quantity information; (11) Code Section 26-4-118, relating to the Pharmacy Audit Bill of Rights; (12) Code Section 31-6-2, relating to definitions relative to state health planning and development; (13) Code Section 31-6-21, relating to the Department of Community Health generally relative to state health planning and development; (14) Code Section 31-6-47, relating to exemptions from certificate of need requirements; (15) Code Section 31-7-1, relating to definitions relative to regulation of hospitals and related institutions;

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(16) Code Section 31-7-75, relating to the functions and powers of hospital authorities; (17) Code Section 31-7-94, relating to grants to hospital authorities; (18) Code Section 31-7-94.1, relating to the "Rural Hospital Assistance Act"; (19) Code Section 31-7-95, relating to funding of medical education provided by hospital authorities and designated teaching hospitals; (20) Code Section 31-7-150, relating to definitions relative to home health agencies; (21) Code Section 31-7-250, relating to definitions relative to facility licensing and employee records checks; (22) Code Section 31-7-280, relating to annual health care provider reports; (23) Code Section 31-7-300, relating to definitions relative to private home care providers; (24) Code Section 31-7-354, relating to authority to enforce laws relating to nursing homes employee records checks; (25) Code Section 31-7-400, relating to definitions relative to hospital acquisition; (26) Code Section 31-8-46, relating to investigation of violations by a hospital; (27) Code Section 31-8-106, relating to information to be provided to residents upon admission into a long-term care facility; (28) Code Section 31-8-151, relating to definitions relative to the Indigent Care Trust Fund; (29) Code Section 31-8-162, relating to definitions relative to nursing home provider fees; (30) Code Section 31-8-171, relating to definitions relative to quality assessment fees on care management organizations; (31) Code Section 31-8-192, relating to definitions relative to the "'Health Share' Volunteers in Medicine Act"; (32) Code Section 31-11-81, relating to definitions relative to emergency services; (33) Code Section 31-16-7, relating to reuse of kidney dialyzers; (34) Code Section 31-18-3, relating to reporting procedures for traumatic brain and spinal cord injuries; (35) Code Section 31-20-1, relating to definitions relative to performance of sterilization procedures; (36) Code Section 31-21-5, relating to incineration or cremation of dead body or parts thereof; (37) Code Section 31-34-8, relating to funding under the "Physicians for Rural Areas Assistance Act"; (38) Code Section 31-43-3, relating to the Commission on Men's Health; (39) Code Section 33-19-10, relating to limitation on hospitals with which nonprofit hospital service corporations are authorized to contract; (40) Code Section 33-20A-31, relating to definitions relative to the "Patient's Right to Independent Review Act"; (41) Code Section 33-21-29, relating to point-of-service option for persons offered health care coverage through a health maintenance organization;

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(42) Code Section 33-21A-2, relating to definitions relative to Medicaid care management organizations; (43) Code Section 33-21A-3, relating to certificates of authority for care management organizations; (44) Code Section 33-21A-4, relating to reimbursement for emergency health care services; (45) Code Section 33-21A-5, relating to requirements relating to critical access hospitals; (46) Code Section 33-21A-6, relating to coverage for newborn infants until discharged from inpatient care; (47) Code Section 33-21A-7, relating to bundling of provider complaints and appeals; (48) Code Section 33-21A-8, relating to participation by dentists; (49) Code Section 33-21A-9, relating to submission and payment of claims; (50) Code Section 33-21A-11, relating to hospital statistical and reimbursement reports from care management organizations; (51) Code Section 33-24-56.1, relating to reimbursement of medical expense or disability benefit providers in personal injury cases; (52) Code Section 33-45-3, relating to certificate of authority requirement for operation of continuing care facilities; (53) Code Section 36-42-3, relating to definitions relative to the "Downtown Development Authorities Law"; (54) Code Section 37-2-6.1, relating to community service boards; (55) Code Section 40-2-86.8, relating to special license plates supporting breast cancer related programs for the medically indigent; (56) Code Section 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations; (57) Code Section 42-5-2, relating to responsibilities of governmental unit with custody of inmate generally; (58) Code Section 42-5-54, relating to information from inmates relating to medical insurance; (59) Code Section 43-1B-6, relating to entities excepted from prohibitions as to financing and referrals; (60) Code Section 43-34-24.1, relating to the Composite State Board of Medical Examiners as an independent agency; (61) Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse; (62) Code Section 43-34-27, relating to license requirement for persons engaged in practice of medicine; (63) Code Section 44-14-470, relating to liens on causes of action accruing to injured persons for costs of care and treatment of injuries arising out of such causes of action;

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(64) Code Section 45-18-15, relating to rules and regulations for the administration of the state employees' health insurance plan; (65) Code Section 45-18-100, relating to definitions relative to the Georgia Retiree Health Benefit Fund; (66) Code Section 45-18-102, relating to responsibilities, duties, and powers of the department, board, and commissioner of community health with regard to the Georgia Retiree Health Benefit Fund; (67) Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in determining eligibility for public assistance; (68) Code Section 49-4-141, relating to definitions relative to Medicaid; (69) Code Section 49-4-142, relating to the authorization of the Department of Community Health to adopt and administer a state plan for medical assistance; (70) Code Section 49-4-146, relating to time for action on Medicaid claim; (71) Code Section 49-4-146.3, relating to forfeiture of property and proceeds obtained through Medicaid fraud; (72) Code Section 49-4-147, relating to enforcement of liens, claims, or offsets against assistance; (73) Code Section 49-4-147.2, relating to noneligibility of Department of Community Health to obtain nor be liable for interest on orders, judgments, and liquidated or unliquidated amounts; (74) Code Section 49-4-148, relating to recovery of assistance from third party liable for sickness, injury, disease, or disability; (75) Code Section 49-4-149, relating to lien of Department of Community Health against third parties; (76) Code Section 49-4-149.1, relating to submission by the Department of Community Health of plan for family supplementation of Medicaid payments upon federal removal of restrictions; (77) Code Section 49-4-150, relating to regulations as to maintenance and use of records; (78) Code Section 49-4-151, relating to obtaining information for investigations and audits; (79) Code Section 49-4-152, relating to research and demonstration projects under Medicaid; (80) Code Section 49-4-153, relating to administrative hearings and appeals under Medicaid; (81) Code Section 49-4-156.1, relating to reimbursement of services rendered under Article 5 of Chapter 6 of Title 49, relating to community care for the elderly; (82) Code Section 49-4-157, relating to construction of Article 7 of Chapter 4 of Title 49 with the federal Social Security Act; (83) Code Section 49-4-161, relating to definitions relative to the "Georgia Longterm Care Partnership Program Act"; (84) Code Section 49-4-162, relating to the establishment of the Georgia Qualified Long-term Care Partnership Program;

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(85) Code Section 49-4-169.1, relating to definitions relative to therapy services for children with disabilities; (86) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; (87) Code Section 49-5-272, relating to definitions relative to the PeachCare for Kids Program; (88) Code Section 49-10-1, relating to the Georgia Board for Physician Workforce; (89) Code Section 50-13-9.1, relating to variances or waivers to agency rules; (90) Code Section 50-26-19, relating to financing acquisition, construction, and equipping of health care facilities; (91) Code Section 51-2-5.1, relating to the relationship between hospital and health care provider prerequisite to liability; and (92) Code Section 52-7-14, relating to collisions, accidents, and casualties relative to watercraft.
SECTION 1-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Community Health" wherever it occurs with "State Board of Health":
(1) Code Section 20-2-880, relating to definitions relative to health insurance plans for public school teachers; (2) Code Section 20-2-910, relating to definitions relative to health insurance plans for public school employees; (3) Code Section 31-6-2, relating to definitions relative to state health planning and development; (4) Code Section 31-6-21, relating to the Department of Community Health generally relative to state health planning and development; (5) Code Section 31-7-1, relating to definitions relative to regulation of hospitals and related institutions; (6) Code Section 31-8-155, relating to promulgation of rules and regulations for funding expansions of eligibility and indigent care programs; (7) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (8) Code Section 45-18-12, relating to the creation of a health insurance fund for the state employees' health insurance plan; (9) Code Section 45-18-100, relating to definitions relative to the Georgia Retiree Health Benefit Fund; (10) Code Section 49-4-141, relating to definitions relative to Medicaid; (11) Code Section 49-4-143, relating to the power of the Board of Community Health with respect to Medicaid; (12) Code Section 49-4-150, relating to regulations as to maintenance and use of records; (13) Code Section 49-4-153, relating to administrative hearings and appeals under Medicaid; and

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(14) Code Section 49-5-272, relating to definitions relative to the PeachCare for Kids Program.
SECTION 1-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of community health" wherever it occurs with "commissioner of health":
(1) Code Section 20-2-880, relating to definitions relative to health insurance plans for public school teachers; (2) Code Section 20-2-896, relating to the administrative discharge of certain debts due the health insurance fund for public school teachers; (3) Code Section 20-2-910, relating to definitions relative to health insurance plans for public school employees; (4) Code Section 20-2-924, relating to the administrative discharge of certain debts due the health insurance fund for public school employees; (5) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (6) Code Section 31-7-1, relating to definitions relative to regulation of hospitals and related institutions; (7) Code Section 31-21-5, relating to incineration or cremation of dead body or parts thereof; (8) Code Section 33-21A-3, relating to certificates of authority for care management organizations; (9) Code Section 43-34-24.1, relating to the Composite State Board of Medical Examiners as an independent agency; (10) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (11) Code Section 45-18-12, relating to the creation of a health insurance fund for the state employees' health insurance plan; (12) Code Section 45-18-13, relating to deposit of amounts from health insurance fund available for investment in trust account; (13) Code Section 45-18-15, relating to rules and regulations relative to the state employees' health insurance plan; (14) Code Section 45-18-16, relating to certification to departments and other entities of the state of employer payment percentage for the ensuing fiscal year; (15) Code Section 45-18-18, relating to the discharge of certain debts or obligations due the health insurance fund for employees of the state; (16) Code Section 45-18-100, relating to definitions relative to the Georgia Retiree Health Benefit Fund; (17) Code Section 49-4-144, relating to the chief administrative officer of the Department of Community Health; (18) Code Section 49-4-147, relating to enforcement of liens, claims, or offsets against assistance under Medicaid;

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(19) Code Section 49-4-148, relating to recovery of assistance from third party liable for sickness, injury, disease, or disability under Medicaid; (20) Code Section 49-4-150, relating to regulations as to maintenance and use of records relating to Medicaid; (21) Code Section 49-4-153, relating to administrative hearings and appeals under Medicaid; and (22) Code Section 50-5-69, relating to purchases without competitive bidding by state agencies.
SECTION 1-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Health":
(1) Code Section 4-4-69, relating to regulation of manufacture and use of disease vectors in livestock; (2) Code Section 4-10-10, relating to the joint regulation of the sale or transportation of exotic or pet birds; (3) Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions which are deemed unlawful; (4) Code Section 12-2-8, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of the state; (5) Code Section 12-3-9, relating to adoption and promulgation by the Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas; (6) Code Section 12-5-175, relating to fluoridation of public water systems; (7) Code Section 12-8-1, relating to notice of denial of individual sewage disposal permits; (8) Code Section 15-21-142, relating to the establishment of the Brain and Spinal Injury Trust Fund Commission; (9) Code Section 16-6-13.1, relating to testing for sexually transmitted diseases; (10) Code Section 16-12-141, relating to when abortion is legal; (11) Code Section 17-10-15, relating to AIDS transmitting crimes; (12) Code Section 19-3-41, relating to preparation by the Department of Human Resources of a marriage manual on family planning and other material; (13) Code Section 20-2-142, relating to prescribed courses in elementary and secondary schools on alcohol, tobacco, and drug use; (14) Code Section 20-2-143, relating to sex education and AIDS prevention instruction in elementary and secondary schools; (15) Code Section 20-2-144, relating to mandatory instruction in elementary and secondary schools concerning alcohol and drug use; (16) Code Section 20-2-770, relating to rules and regulations for nutritional screening and eye, ear, and dental examinations of students;

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(17) Code Section 20-2-771, relating to immunization of students in elementary and secondary education; (18) Code Section 20-2-772, relating to rules and regulations for screening of students for scoliosis; (19) Code Section 24-9-40, relating to when medical information may be released by a physician, hospital, health care facility, or pharmacist; (20) Code Section 24-9-47, relating to disclosure of AIDS confidential information; (21) Code Section 25-3-6, relating to the effect of certain laws relating to local fire departments on the powers and duties of other officials and departments; (22) Code Section 26-2-371, relating to permits required for food service establishments; (23) Code Section 26-2-372, relating to the issuance of permits for food service establishments; (24) Code Section 26-2-373, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health for food service establishments; (25) Code Section 26-2-374, relating to contents and posting of notices relating to assistance to persons choking; (26) Code Section 26-2-375, relating to enforcement of laws regarding the regulation of food service establishments; (27) Code Section 26-2-376, relating to review of final order or determination by Department of Human Resources regarding regulation of a food service establishment; (28) Code Section 26-2-377, relating to penalties for violation of laws regarding the regulation of food service establishments; (29) Code Section 26-3-18, relating to assistance in enforcement from Department of Agriculture or Department of Human Resources with respect to standards, labeling, and adulteration of drugs and cosmetics; (30) Code Section 26-4-85, relating to patient counseling by a pharmacist; (31) Code Section 26-4-116, relating to emergency service providers with respect to dangerous drugs and controlled substances; (32) Code Section 26-4-172, relating to license requirements under the "Nuclear Pharmacy Law"; (33) Code Section 26-5-3, relating to definitions relative to the "Drug Abuse Treatment and Education Act"; (34) Code Section 31-1-3.2, relating to hearing screenings for newborns; (35) Code Section 31-3-4, relating to powers of county boards of health; (36) Code Section 31-3-11, relating to appointments of director and staff of county board of health; (37) Code Section 31-5-1, relating to adoption of rules and regulations by the Department of Human Resources and county boards of health; (38) Code Section 31-5-9, relating to injunctions for enjoining violations of the provisions of Title 31;

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(39) Code Section 31-5-20, relating to the definition of the term "inspection warrant" with respect to enforcement of certain public health laws; (40) Code Section 31-5-21, relating to persons who may obtain inspection warrants; (41) Code Section 31-7-133, relating to confidentiality of review organization's records; (42) Code Section 31-7-172, relating to definitions relative to hospice care; (43) Code Section 31-7-175, relating to the administration of the article of the "Georgia Hospice Law"; (44) Code Section 31-8-1, relating to the establishment and purpose of the Hospital Care for the Indigent Program; (45) Code Section 31-8-36, relating to state appropriations to the Nonresident Indigent Health Care Fund; (46) Code Section 31-8-46, relating to investigation of violations by a hospital; (47) Code Section 31-8-193, relating to the establishment of a program to provide health care services to low-income recipients; (48) Code Section 31-9A-4, relating to information to be made available by the Department of Human Resources under the "Woman's Right to Know Act"; (49) Code Section 31-9A- 6, relating to reporting requirements under the "Woman's Right to Know Act"; (50) Code Section 31-10-1, relating to definitions relative to vital records; (51) Code Section 31-11-1, relating to findings of the General Assembly and declaration of policy with respect to emergency medical services; (52) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (53) Code Section 31-11-81, relating to definitions relative to emergency services; (54) Code Section 31-11-100, relating to definitions relative to the Georgia Trauma Care Network Commission; (55) Code Section 31-11-101, relating to the creation of the Georgia Trauma Care Network Commission; (56) Code Section 31-11-102, relating to the duties and responsibilities of the Georgia Trauma Care Network Commission; (57) Code Section 31-11-110, relating to legislative findings relative to a system of certified stroke centers; (58) Code Section 31-12-1, relating to the power to conduct research and studies relative to the control of hazardous conditions, preventable diseases, and metabolic diseases; (59) Code Section 31-12A-9, relating to a continuing education program relative to the "Georgia Smokefree Air Act of 2005"; (60) Code Section 31-12A-10, relating to enforcement by the Department of Human Resources and county boards of health of the "Georgia Smokefree Air Act of 2005"; (61) Code Section 31-13-3, relating to definitions relative to the "Georgia Radiation Control Act";

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(62) Code Section 31-13-4, relating to administration of state-wide radiation control program for radiation generating equipment; (63) Code Section 31-13-5, relating to the powers and duties of the Department of Human Resources and the Department of Natural Resources under the "Georgia Radiation Control Act"; (64) Code Section 31-13-8.2, relating to licensing of diagnostic and therapeutic medical uses of radioactive materials; (65) Code Section 31-13-9, relating to records of use of radiation sources and exposure of employees to radiation; (66) Code Section 31-13-10, relating to suspension, revocation, and amendment of license or registration of radiation generating equipment; (67) Code Section 31-13-11, relating to impounding and condemnation of radiation generating equipment and radioactive materials; (68) Code Section 31-13-12, relating to the license requirements under the "Georgia Radiation Control Act"; (69) Code Section 31-13-13, relating to penalties under the "Georgia Radiation Control Act"; (70) Code Section 31-13-23, relating to transfer of powers and duties between the Department of Natural Resources and the Department of Human Resources under the "Georgia Radiation Control Act"; (71) Code Section 31-14-2, relating to petition for commitment of a person who has active tuberculosis; (72) Code Section 31-14-9, relating to procedure for securing discharge of a person committed for active tuberculosis; (73) Code Section 31-15-2, relating to the establishment of a program for the prevention, control, and treatment of cancer; (74) Code Section 31-16-2, relating to the establishment of a program for the prevention, control, and treatment of kidney disease; (75) Code Section 31-17-2, relating to the report of diagnosis or treatment to health authorities of a case of venereal disease; (76) Code Section 31-17-3, relating to examination and treatment by health authorities for venereal disease; (77) Code Section 31-17-4.2, relating to HIV pregnancy screening; (78) Code Section 31-17A-2, relating to examination of persons infected or suspected of being infected with HIV; (79) Code Section 31-17A-3, relating to refusal to consent to an HIV test; (80) Code Section 31-18-4, relating to the duties of the Brain and Spinal Injury Trust Fund Commission; (81) Code Section 31-21-25, relating to bonds required prior to receiving unclaimed bodies; (82) Code Section 31-22-2, relating to licenses to operate clinical laboratories; (83) Code Section 31-22-9.1, relating to who may perform HIV tests; (84) Code Section 31-22-9.2, relating to report of positive HIV tests;

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(85) Code Section 31-23-3, relating to hospitals or medical schools which may operate eye banks; (86) Code Section 31-24-4, relating to labeling of containers of blood under "The Blood Labeling Act"; (87) Code Section 31-26-2, relating to the requirement of a certificate to practice midwifery; (88) Code Section 31-27-2, relating to the requirement of a permit for a mass gathering; (89) Code Section 31-28-2, relating to issuance of permits to operate a tourist court; (90) Code Section 31-28-5, relating to standards for health, sanitation, and safety of tourist courts; (91) Code Section 31-28-6, relating to inspection of premises of tourist courts; (92) Code Section 31-30-9, relating to effectiveness of chapter on reports on veterans exposed to agent orange; (93) Code Section 31-34-5, relating to service cancelable loans under the "Physicians for Rural Areas Assistance Act"; (94) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency providers; (95) Code Section 31-40-2, relating to issuance of permits for tattoo studios; (96) Code Section 31-40-5, relating to rules and regulations relative to tattoo studios; (97) Code Section 31-40-6, relating to enforcement of chapter regulating tattoo studios; (98) Code Section 31-40-8, relating to a public education program relative to tattoo studios; (99) Code Section 31-45-8, relating to inspections by the county board of health of public swimming pools; (100) Code Section 31-45-9, relating to suspension or revocation of permit for a public swimming pool; (101) Code Section 31-45-10, relating to rules and regulations relative to public swimming pools; (102) Code Section 31-45-11, relating to enforcement of rules and regulations relative to public swimming pools; (103) Code Section 31-46-4, relating to the Georgia Commission for Saving the Cure; (104) Code Section 33-24-59.7, relating to insurance coverage for the treatment of morbidly obese patients; (105) Code Section 33-29-3.2, relating to individual accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (106) Code Section 33-304.2, relating to group accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (107) Code Section 33-44-3, relating to the creation of the Georgia High Risk Health Insurance Plan; (108) Code Section 34-9-1, relating to definitions relative to workers' compensation;

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(109) Code Section 34-9-415, relating to testing under drug-free workplace programs; (110) Code Section 35-1-8, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (111) Code Section 36-62-2, relating to definitions relative to the "Development Authorities Law"; (112) Code Section 38-3-22, relating to the Governor's emergency management powers and duties; (113) Code Section 38-3-51, relating to emergency powers of the Governor; (114) Code Section 40-5-25, relating to applications for instruction permits and drivers' licenses; (115) Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood relating to violations of driving under the influence of alcohol, drugs, or other intoxicating substances; (116) Code Section 42-1-7, relating to notification to transporting law enforcement agency of inmate's or patient's infectious or communicable disease; (117) Code Section 42-4-6, relating to confinement and care of tubercular inmates; (118) Code Section 42-4-32, relating to sanitation and health requirements for jails; (119) Code Section 43-10-6, relating to rules and regulations as to sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care; (120) Code Section 43-11-74, relating to direct supervision requirement of dental hygienists by a licensed dentist; (121) Code Section 43-14-2, relating to definitions relative to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; (122) Code Section 43-18-1, relating to definitions relative to the regulation of funeral directors and establishments, embalmers, and crematories; (123) Code Section 43-18-46, relating to grounds for denial or revocation of license or registration to operate a funeral establishment or to practice embalming or funeral directing; (124) Code Section 43-27-1, relating to definitions relative to nursing home administrators; (125) Code Section 43-34-26.1, relating to delegation of authority to nurse or physician's assistant; (126) Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse; (127) Code Section 43-34-103, relating to applications for utilization of physician's assistants; (128) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan;

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(129) Code Section 45-18-32, relating to administration of deferred compensation plans for employees of the state; (130) Code Section 46-11-4, relating to regulation of transportation of hazardous materials on public roads of the state generally; (131) Code Section 49-4-152.3, relating to reuse of unit dosage drugs under Medicaid; (132) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules by a state agency; (133) Code Section 50-18-72, relating to when public disclosure is not required under open records laws; (134) Code Section 50-18-76, relating to written matter exempt from disclosure under vital records laws; and (135) Code Section 50-26-4, relating to definitions relative to the "Georgia Housing and Finance Authority Act."
SECTION 1-8. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "State Board of Health":
(1) Code Section 31-1-3.2, relating to hearing screenings for newborns; (2) Code Section 31-7-304, relating to fees on private home care providers; (3) Code Section 31-11-2, relating to definitions relative to emergency medical services; (4) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (5) Code Section 31-11-31.1, relating to license fees on ambulance services; (6) Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian cancer research program fund; (7) Code Section 31-22-1, relating to definitions relative to clinical laboratories; (8) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; and (9) Code Section 43-7-9, relating to general powers and duties of the State Board of Barbers.
SECTION 1-9. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of health":
(1) Code Section 8-2-24, relating to appointment of advisory committee relating to state building, plumbing, and electrical codes; (2) Code Section 12-5-524, relating to the creation of the Water Council; (3) Code Section 16-12-141, relating to when abortion is legal; (4) Code Section 16-12-141.1, relating to disposal of aborted fetuses;

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(5) Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to Secretary of State with respect to registration of voters; (6) Code Section 26-2-393, relating to enforcement of article relating to nonprofit food sales and food service; (7) Code Section 31-7-176.1, relating to determination or pronouncement of death of a patient in hospice care; (8) Code Section 31-8-32, relating to determination of indigency for hospital care for nonresidents; (9) Code Section 31-8-43, relating to determination of indigency for hospital care for pregnant women; (10) Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act"; (11) Code Section 31-10-1, relating to definitions relative to vital records; (12) Code Section 31-11-2, relating to definitions relative to emergency medical services; (13) Code Section 31-11-36, relating to suspension or revocation of licenses for ambulance services; (14) Code Section 31-16-3, relating to functions of the Kidney Disease Advisory Committee; (15) Code Section 31-27-7, relating to emergency powers of the Governor regarding mass gatherings; (16) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency responders; (17) Code Section 31-36A-7, relating to petition for health care placement transfer, admission, or discharge order by health care facility; (18) Code Section 33-20B-3.1, relating to health maintenance organizations' expansion into rural areas; (19) Code Section 33-21-3, relating to grounds and procedure for issuance or denial of certificate of authority for a health maintenance organization; (20) Code Section 33-21-5, relating to suspension or revocation of certificate of authority for a health maintenance organization; (21) Code Section 33-21-15, relating to filing of annual reports by health maintenance organizations; (22) Code Section 33-21-17, relating to examinations of health maintenance organizations and providers; (23) Code Section 33-21-18, relating to adoption of rules and regulations generally relative to health maintenance organizations; (24) Code Section 33-21-20, relating to conduct of hearings generally relative to health maintenance organizations; (25) Code Section 33-21-21, relating to authority of commissioner of human resources to contract for making of recommendations required by health maintenance organizations laws;

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(26) Code Section 33-21-27, relating to enforcement of health maintenance organizations laws; (27) Code Section 38-2-10, relating to use of National Guard in drug law enforcement, provision of medical care in medically underserved areas, and for youth opportunity training programs; (28) Code Section 42-4-32, relating to sanitation and health requirements in jails generally; (29) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; (30) Code Section 43-1A-4, relating to the Occupational Regulation Review Council; (31) Code Section 43-27-2, relating to creation of the State Board of Nursing Home Administrators; (32) Code Section 43-45-3, relating to creation of the State Structural Pest Control Commission; (33) Code Section 45-9-73, relating to the creation of the Georgia Public School Personnel Indemnification Commission; and (34) Code Section 45-9-83, relating to the creation of the Georgia State Indemnification Commission.
SECTION 1-10. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Chapter 5A of Title 31" wherever it occurs with "Chapter 2 of Title 31":
(1) Code Section 20-2-880, relating to definitions relative to health insurance plans for public school teachers; (2) Code Section 20-2-910, relating to definitions relative to health insurance plans for public school employees; (3) Code Section 33-20A-31, relating to definitions relative to the "Patient's Right to Independent Review Act"; (4) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (5) Code Section 49-4-141, relating to definitions relative to Medicaid; (6) Code Section 49-4-142, relating to the authorization of the Department of Community Health to adopt and administer a state plan for medical assistance; (7) Code Section 49-4-143, relating to the power of the Board of Community Health with respect to Medicaid; and (8) Code Section 49-4-144, relating to the chief administrative officer of the Department of Community Health.
SECTION 1-11. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Chapter 5A of this title" wherever it occurs with "Chapter 2 of this title":
(1) Code Section 31-6-2, relating to definitions relative to state health planning and development;

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(2) Code Section 31-6-21, relating to the Department of Community Health generally under state health planning and development; (3) Code Section 31-7-94.1, relating to the "Rural Hospital Assistance Act;" (4) Code Section 31-8-151, relating to definitions relative to the indigent care trust fund; (5) Code Section 31-8-162, relating to definitions relative to nursing home provider fees; and (6) Code Section 31-8-171, relating to definitions relative to quality assessment fees on care management organizations.
SECTION 1-12. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-6" wherever it occurs with "Code Section 31-2-11":
(1) Code Section 25-2-40, relating to smoke detectors required in new dwellings and dwelling units; (2) Code Section 31-7-2.1, relating to rules and regulations relative to regulation of hospitals and related institutions; (3) Code Section 31-7-302, relating to rules and regulations relative to private home care providers; (4) Code Section 31-8-60, relating to retaliation against a resident of a long-term care facility and prohibition against interference with the ombudsman; (5) Code Section 31-8-135, relating to hearings under the "Remedies for Residents of Personal Care Homes Act"; (6) Code Section 31-11-9, relating to enforcement of emergency medical services laws; and (7) Code Section 31-44-11, relating to the authority of the Department of Human Resources to deal with violations of renal disease facilities laws.
SECTION 1-13. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-7" wherever it occurs with "Code Section 31-2-12":
(1) Code Section 31-3-5, relating to functions of county boards of health; (2) Code Section 31-3-5.1, relating to conformity prerequisite to building permit; and (3) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules.
SECTION 1-14. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions which are deemed unlawful, is amended by revising paragraph (26) of subsection (b) as follows:
"(26) With respect to any individual or facility providing personal care services:

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(A) Any person or entity not duly licensed or registered as a personal care home formally or informally offering, advertising to, or soliciting the public for residents or referrals; (B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, offering, advertising, or soliciting the public to provide services:
(i) Which are outside the scope of personal care services; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home for services authorized by the Department of Human Resources Health under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4 31-2-9; (C) For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services. The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources Health which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services;"
SECTION 1-15. Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permits issued by the Department of Natural Resources for land disposal sites, is amended as follows:
"12-8-41. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from any one or more septic tank pumping and hauling businesses. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources (now known as the Department of Health for these purposes) under Code Section 31-2-8 31-2-13 may continue to operate under such Code section until July 1, 2012, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter."
SECTION 1-16. Code Section 15-11-66.1 of the Official Code of Georgia Annotated, relating to disposition of a child committing delinquent act constituting AIDS transmitting crime, is amended by revising subsection (e) as follows:
"(e) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:

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(1) The Department of Juvenile Justice or the Department of Corrections, as the case may be, and the Department of Human Resources Health, the latter of which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Juvenile Justice or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim; (2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of juvenile justice or the commissioner of corrections, as the case may be, reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted."
SECTION 1-17. Code Section 15-21-143 of the Official Code of Georgia Annotated, relating to appointment of members and personnel of the Brain and Spinal Injury Trust Fund Commission, is amended as follows:
"15-21-143. (a) The Brain and Spinal Injury Trust Fund Commission shall consist of 15 members who shall serve for terms of two years, except that with respect to the first members appointed, five members shall be appointed for a term of three years, five for a term of two years, and five for a term of one year. The following agencies may each appoint one member of the commission:
(1) The Division of Rehabilitation Services of the Department of Labor; (2) The State Board of Education; (3) The Department of Public Safety; (4) The Department of Community Health; and (5) The Department of Human Resources Services. The remaining ten members of the commission shall be appointed by the Governor, seven of whom shall be citizens who have sustained brain or spinal cord injury or members of such persons' immediate families, no more than one of whom shall reside in the same geographic area of the state which constitutes a health district established by the Department of Human Resources Health. The Governor is authorized but not required to appoint the remaining three members from recommendations submitted by the Private Rehabilitation Suppliers of Georgia, the Georgia Hospital Association, the Brain Injury Association of Georgia, the Medical Association of Georgia, and the

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Georgia State Medical Association. The Governor shall also establish initial terms of office for all 15 members of the board within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter."
SECTION 1-18. Code Section 17-18-1 of the Official Code of Georgia Annotated, relating to duty of certain officials to offer written statement of information to victims of rape or forcible sodomy, is amended as follows:
"17-18-1. When any employee of the Department of Human Resources, Department of Human Services, Department of Health, Department of Behavioral Health, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of a violation of Code Section 16-6-1, relating to rape, or Code Section 16-6-2, relating to aggravated sodomy, such employee shall offer or provide such adult a written statement of information for victims of rape or aggravated sodomy. Such written statement shall, at a minimum, include the information set out in Code Section 17-18-2 and may include additional information regarding resources available to victims of sexual assault. Information for victims of rape or aggravated sodomy may be provided in any language."
SECTION 1-19. Code Section 19-3-35.1 of the Official Code of Georgia Annotated, relating to AIDS brochures for applicants for a marriage license, is amended by revising subsection (b) as follows:
"(b) The Department of Human Resources Department of Health shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further prepare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms prepared by the Department of Health (formerly known as the Department of Human Resources for these purposes) under this subsection shall

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be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988."
SECTION 1-20. Code Section 19-13-32 of the Official Code of Georgia Annotated, relating to the membership, terms, filling of vacancies, and officers of the State Commission on Family Violence, is amended by revising paragraph (1) of subsection (a) as follows:
"(1) Three ex officio members shall be the director of the Division of Family and Children Services of the Department of Human Services, the director of Women's Health Services in the division of public health Division of Public Health of the Department of Human Resources Health, and the Attorney General;"
SECTION 1-21. Code Section 19-15-4 of the Official Code of Georgia Annotated, relating to Georgia Child Fatality Review Panel, is amended by revising subsection (c) as follows:
"(c) The panel shall be composed as follows: (1) One district attorney appointed by the Governor; (2) One juvenile court judge appointed by the Governor; (3) Two citizen members who shall be appointed by the Governor, who are not employed by or officers of the state or any political subdivision thereof and one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization; (4) One forensic pathologist appointed by the Governor; (5) The chairperson of the Board of Human Resources Services; (6) The director of the Division of Family and Children Services of the Department of Human Resources Services; (7) The director of the Georgia Bureau of Investigation; (8) The chairperson of the Criminal Justice Coordinating Council; (9) A member of the Georgia Senate appointed by the Lieutenant Governor; (10) A member of the Georgia House of Representatives appointed by the Speaker of the House of Representatives; (11) A local law enforcement official appointed by the Governor; (12) A superior court judge appointed by the Governor; (13) A coroner appointed by the Governor; (14) The Child Advocate for the Protection of Children; (15) The director of the Division of Public Health of the Department of Human Resources Health; and (16) The director commissioner of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources behavioral health."

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SECTION 1-22. Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds generally, is amended by revising paragraphs (5) and (8) of subsection (c) as follows:
"(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources Health, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; shall reflect circumstances where rapid population growth is caused by factors not reflected in fulltime equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to fulltime equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot and review these schedules annually. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;" "(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources Health;"
SECTION 1-23. Code Section 26-4-192 of the Official Code of Georgia Annotated, relating to the statewide program for distribution of unused prescription drugs for the benefit of medically indigent persons, is amended as follows:
"26-4-192. (a) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall jointly develop and implement a state-wide program consistent with public health and safety standards through which unused prescription drugs, other than prescription drugs defined as controlled substances, may

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be transferred from health care facilities to pharmacies designated or approved by the Department of Human Resources Health for the purpose of distributing such drugs to residents of this state who are medically indigent persons. (b) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall be authorized to develop and implement a pilot program to determine the safest and most beneficial manner of implementing the program prior to the state-wide implementation of the program required in subsection (a) of this Code section. (c) The Georgia State Board of Pharmacy, in consultation with the Department of Human Resources and the Department of Community Health, shall develop and promulgate rules and regulations to establish procedures necessary to implement the program and pilot program, if applicable, provided for in this Code section. The rules and regulations shall provide, at a minimum:
(1) For an inclusionary formulary for the prescription drugs to be distributed pursuant to the program; (2) For the protection of the privacy of the individual for whom a prescription drug was originally prescribed; (3) For the integrity and safe storage and safe transfer of the prescription drugs, which may include, but shall not be limited to, limiting the drugs made available through the program to those that were originally dispensed by unit dose or an individually sealed dose and that remain in intact packaging; provided, however, that the rules and regulations shall authorize the use of any remaining prescription drugs; (4) For the tracking of and accountability for the prescription drugs; and (5) For other matters necessary for the implementation of the program. (d) The state-wide program required by this Code section shall be implemented no later than January 1, 2007, unless a pilot program is implemented pursuant to subsection (b) of this Code section, in which case state-wide implementation shall occur no later than July 1, 2008."
SECTION 1-24. Code Section 31-5-2 of the Official Code of Georgia Annotated, relating to hearings of the Department of Human Resources, is amended as follows:
"31-5-2. (a) Hearings shall be required with respect to for any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted as provided in this Code section in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) Where hearing is required or afforded, notice thereof as provided in this Code section shall be given in person or by registered or certified mail or statutory overnight delivery to all interested parties; provided, however, in proceedings where the number of interested parties is so numerous as to make individual notice impracticable, notice shall be given by publication or by such other means reasonably calculated to afford actual notice as may be prescribed by the agency or person conducting such hearing.

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All notices shall state (1) the time and place of hearing and nature thereof and (2) the matters of fact and law asserted and must be given at least five days before the day set for hearing unless the agency determines that an imminent threat to the public health exists which requires shorter notice. (c) All interested parties at such hearings shall have, upon request, compulsory process as provided in Code Section 31-5-4 and shall have the right to adduce evidence and conduct cross-examination of all adverse witnesses. Any member of the department or county boards of health, as the case may be, their authorized officials or agents, or any attorney at law may administer oaths to all witnesses. No witness shall be abused while under examination or required to incriminate himself. Where possible, all evidence and proceedings shall be reported. (d) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member in good standing of the State Bar of Georgia. A county board of health is authorized and empowered to direct its director or the director's appointee to conduct hearings, issue compulsory process, administer oaths, and submit his findings and recommendations to the county board of health. In both of such cases, the examiner and director or the director's appointee shall make the report available to all interested parties, and such parties are permitted to file written exception thereto prior to final decision thereon."
SECTION 1-25. Code Section 31-6-21.1 of the Official Code of Georgia Annotated, relating to procedures for rule making by the Department of Community Health, is amended by adding a new subsection to the end of the Code section to read as follows:
"(j) This Code section shall apply only to rules adopted pursuant to this chapter."
SECTION 1-26. Code Section 31-6-40 of the Official Code of Georgia Annotated, relating to a certificate of need required for new institutional health services, is amended by revising paragraph (1) of subsection (c) as follows:
"(c)(1) Any person who had a valid exemption granted or approved by the former Health Planning Agency or the former Department of Community Health (now known as the Department of 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."
SECTION 1-27. Code Section 31-6-48 of the Official Code of Georgia Annotated, relating to the abolishment of prior entities and the transfer of contractual obligations, is amended as follows:
"31-6-48.

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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 (now known as the Department of Health) shall be the successor to the Health Planning Agency, and except that on and after July 1, 2008, the Board of Community Health (now known as the State Board of 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 2 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."
SECTION 1-28. Code Section 31-6-49 of the Official Code of Georgia Annotated, relating to transitional provisions with respect to the certificate of need program, is amended as follows:
"31-6-49. 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 (now known as the Department of 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."
SECTION 1-29. Code Section 31-7-2.2 of the Official Code of Georgia Annotated, relating to determination that patients or residents in an institution, community living arrangement, or treatment program are in danger, is amended as follows:
"31-7-2.2. (a)(1) The commissioner may order the emergency relocation of patients or residents from an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when the commissioner has

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determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for:
(A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate institution, community living arrangement, or drug abuse treatment and education program; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)(1) The commissioner may order the emergency placement of a monitor in an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when one or more of the following conditions are present: (A) The institution, community living arrangement, or drug abuse treatment and education program is operating without a permit or a license; (B) The department has denied application for a permit or a license or has initiated action to revoke the existing permit or license of the institution, community living arrangement, or drug abuse treatment and education program; (C) The institution, community living arrangement, or drug abuse treatment and education program is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the institution, community living arrangement, or drug abuse treatment and education program. (2) A monitor may be placed, pursuant to this subsection, in an institution, community living arrangement, or drug abuse treatment and education program for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the institution, community living arrangement, or drug abuse treatment and education program. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the institution, community living arrangement, or drug abuse treatment and education program nor shall the monitor be liable for any actions of the institution, community living arrangement, or drug abuse treatment and education program. The costs of placing a monitor in an institution, community living arrangement, or drug abuse treatment and education program shall be paid by the institution, community living arrangement, or drug abuse treatment and education program unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state.

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(c)(1) The commissioner may order the emergency prohibition of admissions to an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20, or program subject to licensure under Chapter 5 of Title 26 when an such institution, community living arrangement, or drug abuse treatment and education program has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation:
(A) Could jeopardize the health and safety of the residents or patients in the institution, community living arrangement, or drug abuse treatment and education program if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to an institution, community living arrangement, or drug abuse treatment and education program may be suspended until the violation has been corrected or until the department has determined that the institution, community living arrangement, or drug abuse treatment and education program has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any institution, community living arrangement, or drug abuse treatment and education program affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall thereupon become void and of no effect. If at the preliminary hearing the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner."
SECTION 1-30. Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to regulation of personal care homes, is amended by revising paragraph (1) of subsection (a) as follows:
"(1) 'Personal care home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. This

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term shall not include host homes, as defined in paragraph (16)(12) of subsection (b) of Code Section 37-1-20 49-2-6."
SECTION 1-31. Code Section 31-7-17 of the Official Code of Georgia Annotated, relating to licensure and regulation of hospitals and related institutions transferred to Department of Community Health, is amended as follows:
"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 (now known as the Department of Human Services) 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

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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 1-32. Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term: (1) 'Designated teaching hospital' means a teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, seven-dayper-week emergency room open to the public and which hospital files a semiannual statistical report consistent with those filed by other state funded tertiary, neonatal, obstetrical centers with the Family Health Section of the Department of Human Resources Department of Health. (2) 'Hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association. (3) 'Resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital."
SECTION 1-33. Code Section 31-7-159 of the Official Code of Georgia Annotated, relating to licensure and regulation of home health agencies transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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,

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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 1-34. Code Section 31-7-265 of the Official Code of Georgia Annotated, relating to facility licensing and employee records checks for personal care homes transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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,

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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."
SECTION 1-35. Code Section 31-7-308 of the Official Code of Georgia Annotated, relating to licensure and regulation of private home care providers transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) to the Department of Community Health.

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(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."
SECTION 1-36. Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to definitions relative to the "'Health Share' Volunteers in Medicine Act," is amended by revising subparagraph (D) of paragraph (6) as follows:

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"(D) Any client or beneficiary of the department, or the Department of Human Resources Services, or the Department of Behavioral Health who voluntarily chooses to participate in a program offered or approved by the department, or the Department of Human Resources Services, or the Department of Behavioral Health and meets the program eligibility guidelines of the department, or the Department of Human Resources Services, or the Department of Behavioral Health whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget."
SECTION 1-37. Code Section 31-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to emergency medical services, is amended by revising paragraphs (3), (5), and (6.1) as follows:
"(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources Health." "(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 prior to January 1, 2002, or the Department of Human Resources (now known as the Department of Health for these purposes) on and after January 1, 2002." "(6.1) 'Department' means the Department of Human Resources Health."
SECTION 1-38. Code Section 31-11-50 of the Official Code of Georgia Annotated, relating to medical advisers relative to emergency medical services, is amended by revising subsection (a) as follows:
"(a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in this state and subject to approval by the medical consultant of the Emergency Health Section of the Division of Physical Public Health of the Department of Human Resources Department of Health. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the district health director or his or her designee to act as medical adviser until the services of a physician are available."
SECTION 1-39. Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to automated external defibrillator program, is amended by revising paragraph (1) of subsection (b) as follows:
"(1) It is recommended that all persons who have access to or use an automated external defibrillator obtain appropriate training as set forth in the Rules and

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Regulations rules and regulations of the Department of Health Human Resources Chapter 290-5-30. It is further recommended that such training include at a minimum the successful completion of:
(A) A nationally recognized health care provider/professional rescuer level cardiopulmonary resuscitation course; and (B) A department established or approved course which includes demonstrated proficiency in the use of an automated external defibrillator;"
SECTION 1-40. Code Section 31-13-25 of the Official Code of Georgia Annotated, relating to rules, regulations, agreements, and contracts formerly under the Department of Human Resources with respect to radiation control, is amended as follows:
"31-13-25. All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the jurisdiction of the Department of Human Resources (now known as the Department of Health for these purposes) will, by operation of law, be assumed by the Department of Natural Resources on April 4, 1990."
SECTION 1-41. Code Section 31-15-4 of the Official Code of Georgia Annotated, relating to a cancer control officer, is amended as follows:
"31-15-4. The commissioner shall appoint a cancer control officer. The cancer control officer shall be a physician licensed to practice medicine under Chapter 34 of Title 43 and must shall be knowledgeable in the field of medicine covered by this chapter. He or she shall administer the cancer program for the Division of Physical Public Health of the Department of Human Resources Department of Health in compliance with this chapter. He or she shall be provided an office with clerical and administrative assistance to carry out this program."
SECTION 1-42. Code Section 33-21-20.1 of the Official Code of Georgia Annotated, relating to regulation of health maintenance organizations by the commissioner of human resources, is amended as follows:
"33-21-20.1. On May 13, 2004, all health maintenance organizations meeting the requirements of subsection (b.1) of Code Section 33-21-3 shall not be subject to regulation by the commissioner of human resources (now known as the commissioner of health for these purposes). Upon the Commissioner of Insurance's determination that a health maintenance organization no longer meets the requirements of subsection (b.1) of Code Section 33-21-3, the Commissioner shall immediately notify the commissioner of human resources health; and such health maintenance organization shall be subject to

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regulation by the commissioner of human resources health until such time as it again meets the requirements of subsection (b.1) of Code Section 33-21-3 as determined by the Commissioner of Insurance."
SECTION 1-43. Code Section 33-21A-10 of the Official Code of Georgia Annotated, relating to new and renewal agreements with care management organizations and health care providers, is amended as follows:
"33-21A-10. (a) On and after May 13, 2008, the Department of Community Health, now known as the Department of Health, shall include provisions in all new or renewal agreements with a care management organization, which provisions require the care management organization to comply with all provisions of this chapter. (b) On and after May 13, 2008, 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 (now known as the Department of Health) and the care management organization, which provisions are inconsistent with the provisions of this chapter."
SECTION 1-44. Code Section 33-24-56.3 of the Official Code of Georgia Annotated, relating to colorectal cancer screening and testing, is amended by revising paragraph (1) of subsection (a) as follows:
"(1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed by an insurer in this state on or after July 1, 2002, including, but not limited to, those contracts executed by the Department of Community Health pursuant to paragraph (1) of subsection (f)(d) of Code Section 31-5A-4 31-2-4. The term 'health benefit policy' does not include the following limited benefit insurance policies: accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and nonrenewable individual policies written for a period of less than six months."
SECTION 1-45. Code Section 33-24-59.2 of the Official Code of Georgia Annotated, relating to insurance coverage for equipment and self-management training for individuals with diabetes, is amended by revising subsection (b) as follows:
"(b)(1) Diabetes outpatient self-management training and education as provided for in subsection (a) of this Code section shall be provided by a certified, registered, or licensed health care professional with expertise in diabetes.
(2) The office of the Commissioner of Insurance shall promulgate rules and regulations after consultation with the Department of Human Resources Health which conform to the current standards for diabetes outpatient self-management training and

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educational services established by the American Diabetes Association for purposes of this Code section. (3) The office of the Commissioner of Insurance shall promulgate rules and regulations, relating to standards of diabetes care, to become effective July 1, 2002, after consultation with the Department of Human Resources (now known as the Department of Health for these purposes), the American Diabetes Association, and the National Institutes of Health. Such rules and regulations shall be adopted in accordance with the provisions of Code Section 33-2-9."
SECTION 1-46. Code Section 33-45-3 of the Official Code of Georgia Annotated, relating to certificates of authority required for operation of continuing care facilities, is amended as follows:
"33-45-3. Nothing in this title or chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Human Resources, the Department of Community Health, or any other regulatory body exercising authority over continuing care providers."
SECTION 1-47. Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, is amended by revising paragraphs (3) and (12) of subsection (b) as follows:
"(3)(A) Persons who, prior to July 1, 2000, engaged in the practice of a specialty as an employee of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department. (B) Persons who engage in the practice of social work as employees of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such community service board or similar entity, agency, or department, and persons or entities which contract to provide social work services with any community service board or similar entity or any agency or department of the state or any of its political subdivisions, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing social work services pursuant to those contracts and shall only be exempt until January 1, 1996. (C) Persons who engage in the practice of professional counseling as employees of privately owned correctional facilities, the Department of Corrections, Department of Human Resources Health, Department of Behavioral Health, Department of Human

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Services, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such privately owned correctional facility, department, board, or entity and persons or entities which contract to provide professional counseling services with such department or county board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996;" "(12) Persons engaged in the practice of a specialty as an employee of the Division of Family and Children Services of the Department of Human Resources Services but only when engaged in such practice as an employee of that division;"
SECTION 1-48. Code Section 43-27-2 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Nursing Home Administrators, is amended as follows:
"43-27-2. (a) There is created the State Board of Nursing Home Administrators, which shall consist of 13 members, none of whom may be employees of the United States government or of this state, and the commissioner of human resources services or his or her designee, who shall serve as ex officio member of the board, and the commissioner of community health or his or her designee, who shall serve as ex officio member of the board. The members of the board shall be appointed by the Governor and confirmed by the Senate, as follows:
(1) One member who is a licensed medical doctor in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home; (2) One member who is a registered nurse in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home; (3) One member who is an educator with a graduate degree and specializing in the field of gerontology and who is not a nursing home administrator or pecuniarily interested in any nursing home; (4) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large public, at-large positions shall be appointed from a list of three persons for each of these two positions submitted by the State Board of Human Resources Health. The Governor is vested with complete discretion in appointing the third member for one of these three public-at-large public, at-large positions; (5) One member who is a hospital administrator in this state, who is the holder of a master's degree in hospital administration, and who is not a nursing home administrator or pecuniarily interested in any nursing home; and (6) Six members, at least one of whom shall represent nonproprietary nursing homes, who are licensed nursing home administrators in this state.

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(b) The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section 43-1-17. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position."
SECTION 1-49. Code Section 43-27-5 of the Official Code of Georgia Annotated, relating to general powers and duties of the State Board of Nursing Home Administrators, is amended by revising paragraph (4) of subsection (a) as follows:
"(4) To initiate investigations for the purpose of discovering violations by a nursing home administrator of the rules, regulations, or statutes of the Department of Community Health or the Department of Human Resources Services, provided that the board shall investigate those violations only after revocation, limitation, or restriction of participation of the nursing home of which such individual is the administrator in the medical assistance program or the license issued by the Department of Human Resources Health and make written findings as to the causes of the alleged violations;"
SECTION 1-50. 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 (c) as follows:
"(c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of community service boards, county departments of health, and county departments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article. In order to facilitate the administration of liability coverage or other insurance coverages provided the community service boards, county departments of health, and county departments of family and children services, the Department of Human Resources Behavioral Health must shall designate a central office which will shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of family and children services, the Department of Human Services shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of health, the Department of Health shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services."

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SECTION 1-51. Code Section 45-9-110 of the Official Code of Georgia Annotated, relating to authorization for consolidation of unemployment compensation claim matters under the commissioner of administrative services, is amended by revising subsection (d) as follows:
"(d) The commissioner of administrative services shall have the authority to provide unemployment compensation benefits insurance to all of the county departments of health, county departments of family and children services, and community service boards. The commissioner of human resources health shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from such boards and departments county departments of health and remit the premium to the Department of Administrative Services. The commissioner of human services shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from county departments of family and children services and remit the premium to the Department of Administrative Services. The commissioner of behavioral health shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from community service boards and remit the premium to the Department of Administrative Services. All of the county departments of health, county departments of family and children services, and community service boards shall participate in such unemployment compensation benefit insurance program."
SECTION 1-52. Code Section 46-4-154 of the Official Code of Georgia Annotated, relating to notice of election, unbundling, rates, application requirements, and surcharge on interruptibles under the "Natural Gas Competition and Deregulation Act," is amended by revising subsection (e) as follows:
"(e) The commission shall establish a surcharge on all customers receiving interruptible service over the electing distribution company's distribution system sufficient to ensure that such customers will pay an equitable share of the cost of the distribution system over which such customers receive service. The commission is authorized to direct the electing distribution company or the marketers to collect such surcharge directly from the customers. Such surcharge shall be paid promptly upon receipt into the universal service fund. This surcharge shall not be applied to any hospital that has a medicare and Medicaid payor mix of at least 30 percent and has uncompensated writeoffs for the provision of charity, indigent, and free health care services of not less than 5 percent of such hospital's annual operating expenses based on the annual hospital surveys by the Division of Health Planning of the Department of

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Community Health. This surcharge shall not be applied to any institution or property enumerated in Code Section 50-16-3, or administered or regulated under authority granted by Code Section 42-2-5 or 49-4A-6 or by Chapter 9 of Title 50."
SECTION 1-53. Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to adoption and administration of a state plan for medical assistance by the Department of Community Health, is amended by revising subsection (b) as follows:
"(b) The department shall, not later than June 1, 1986, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assistance in a nursing home. The Department of Human Resources shall likewise modify any affected rules and regulations of the Department of Human Resources. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations. Such modification of the state plan for medical assistance or rules and regulations:
(1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other requirements of appropriate regulations; (2) Shall provide that at no time can more than 10 percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made; (3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a skilled care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan; (4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients; (5) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and (6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for

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a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room."
SECTION 1-54. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under Medicaid, is amended by revising subsection (d) as follows:
"(d) All contested cases involving the imposition of a remedial or punitive measure against a nursing facility by the Department of Community Health shall be conducted in the manner provided for in subsection (l) of Code Section 31-2-6 31-2-11, but only if such remedial or punitive measure is based upon findings made by the Department of Human Resources Health in its capacity as the state survey agency for the Georgia Medicaid program."
SECTION 1-55. Code Section 49-4-154 of the Official Code of Georgia Annotated, relating to powers and duties retained by the Department of Human Resources with respect to Medicaid, is amended as follows:
"49-4-154. (a) The status, position, and rights of persons transferred from the Department of Human Resources (now known as the Department of Health for these purposes) to the Department of Medical Assistance pursuant to Ga. L. 1977, p. 384 shall not be affected by the transfer, in and of itself; and such persons shall retain, inter alia, all rights of rank or grade; rights to vacation, sick pay, and leave; rights under any retirement plan; and any other rights under any law or administrative policy. (b) The Department of Human Resources (now known as the Department of Health for these purposes) shall retain, in accordance with terms of the state plan, the functions, and all tangible things and employees relating thereto, of:
(1) Establishing and maintaining certain standards for certain institutions and agencies seeking to become or remain providers and shall finally determine and certify whether such institutions and agencies meet such standards; (2) Determining and certifying the eligibility of certain applicants for and recipients of medical assistance; and (3) Prescribing regulations to require that applicants for medical assistance be given clear and easily understandable notice that all books, papers, records, and memoranda of the provider relating to the provision of medical assistance to the applicant will be made available, upon request, to the commissioner of medical assistance or his representative and that, by accepting medical assistance, the applicant thereby consents to the providing of such books, papers, records, and memoranda to the commissioner of medical assistance or his representative."

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SECTION 1-56. Code Section 49-4-155 of the Official Code of Georgia Annotated, relating to the Department of Community Health succeeding to existing rules, regulations, policies, procedures, and administrative orders with respect to Medicaid, is amended as follows:
"49-4-155. The Department of Community Health (now known as the Department of Health) shall succeed to all the rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources (now known as the Department of Human Services) transferred to the Department of Medical Assistance pursuant to the previously existing provisions of this Code section and that are in effect on June 30, 1999, and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources (now known as the Department of Human Services) that are in effect on June 30, 1999, to which the Department of Medical Assistance succeeded pursuant to the previously existing provisions of Code Section 49-4-156."
SECTION 1-57. Code Section 50-13-42 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Administrative Procedure Act," is amended by revising subsection (a) as follows:
"(a) In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Health Planning Review Board Certificate of Need Appeal Panel, or the Department of Community Health, unless specifically provided otherwise for certain programs or in relation to specific laws, or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis."
SECTION 1-58. Code Section 50-16-3 of the Official Code of Georgia Annotated, relating to property of state boards and departments, is amended by revising paragraph (2) as follows:
"(2) The several institutions operated by the Department of Human Resources Services, the Department of Health, or the Department of Behavioral Health, including all real and personal property belonging to the several institutions or used in connection therewith, and all other property conveyed to the any such department for the use of any of the institutions or conveyed to any of the boards of trustees of which the such department is the successor or to any of the institutions under its control;"
PART II Department of Human Services.

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SECTION 2-1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Chapters 1 and 2, relating to general provisions on social services and the Department of Human Resources, respectively, as follows:
"CHAPTER 1
49-1-1. As used in this title, the term:
(1) 'Board' means the Board of Human Resources Services. (2) 'Commissioner' means the commissioner of human resources services. (3) 'County board' means a county or district board of family and children services. (4) 'County department' means a county or district department of family and children services. (5) 'County director' means the director of a county or district department of family and children services. (6) 'Department' means the Department of Human Resources Services.
49-1-2. All rules and regulations made by the Department of Human Resources Services shall be binding on the counties and shall be complied with by the respective county departments.
49-1-3. (a) Notwithstanding any other provisions of law, the Governor shall have the power by executive order to direct and implement such internal organization of the Department of Human Resources as he may determine necessary to improve the management and administration of the functions vested in the department, including the power to allocate within such organization the executive authority described in Code Section 49-2-1 with respect to any or any grouping of the functions of the department. For these purposes, the Governor shall have the power by executive order to redefine the department's substate structure and to direct the establishment of district health and welfare organizations, as respectively described and with such powers and duties as set forth in Code Sections 31-3-15 and 49-3-1. The district director of a health district shall be a licensed physician. The district director and other executive staff of district health and welfare organizations shall hereafter be appointed by the department, provided that the department shall not appoint as a director of any such organization any person whose appointment is not approved by a majority of the respective district board concerned in a meeting of such board called for that purpose. (b) Any other provisions of this Code section to the contrary notwithstanding, any such reorganization plan shall provide for a county department of family and children services, a county board of family and children services, and a county director of family and children services in each county of this state. The county director shall be the

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executive officer of the county department who shall be responsible for operations and personnel. In addition to such other powers and authorities which may be delegated to county departments of family and children services, each county board and director of family and children services shall have the same powers, duties, and bond requirements as provided in Code Sections 49-3-2 through 49-3-5. (c) Notwithstanding any other provision of this Code section, the Governor shall not have the power by executive order to abolish any county board. (d) The Governor's power under this Code section shall expire on December 31, 1976, but the organization accomplished by executive order hereunder shall continue until altered in the manner provided by law. Reserved.
49-1-4. No individual, supervisor, or member of the Board of Human Resources Services or the county or district boards of family and children services having to do with the administration of this title shall be authorized or permitted, directly or indirectly, to sell supplies or other items of any kind or character to any of the institutions to be benefited by this title.
49-1-5. (a) In order that the public welfare laws of this state may be better enforced, the Governor is authorized and empowered to suspend any member of any county board, any county director, or any employee or official of the department whenever he or she shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered or certified mail or statutory overnight delivery, return receipt requested, together with a notice from the Governor or his or her executive secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, which hearing shall be not less than ten nor more than 20 days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for the removal of the person so suspended exists, he or she is authorized and empowered to remove such member of any county board, any county director, or any employee or official in the department; whereupon, such person's tenure of office or employment shall terminate, subject to the right of appeal granted to any employee under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he or she shall, by appropriate executive order, restore him or her to duty. (b) In addition to removal by the Governor as specified in subsection (a) of this Code section, the director of the Division of Family and Children Services may terminate the employment of any county director or district director subject to any right of appeal such director may have under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law.

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49-1-6. (a) Any charitable or nonprofit corporation which has been granted a charter or articles of incorporation under the laws of this state may transfer all or a part of its assets to the department upon such terms as may be agreed upon between such corporation and the department, provided such corporation shall first have obtained authority to make such transfer in accordance with this Code section. (b) Any such corporation may apply for authority to make such transfer by filing its petition with the superior court of the county in which such corporation has its principal office. Such application shall set forth the assets which the corporation desires to transfer to the department and the terms upon which it desires to transfer these assets. (c) Such corporation, once a week for four weeks prior to the filing of such petition, shall publish notice in the newspaper of the county in which is located the principal office of the corporation, such newspaper being the newspaper in which notices of sheriff's sales are advertised. The notice shall set forth the date, time, and place when such application will be presented, the court to which it will be presented, and the assets which such corporation desires to transfer to the department. (d) After a hearing, the court shall be authorized to grant the application and permit a transfer of the assets of the applicant upon terms as set out in the application or modified as the court may deem advisable, if the court considers this in the public interest; or the court may deny the application if the court deems such denial to be in the public interest. Where such corporation makes a transfer of all of its right, title, and interest in any of its assets to the department and such transfer is made pursuant to the authority of the court obtained in the manner provided for in this Code section, such transfer shall be conclusively deemed to be a proper and legal transfer. (e) Should such corporation desire to transfer all of its assets to the department, the court to which such application is presented may include in its order a provision that upon the transfer by such corporation of all of its assets to the department and upon compliance with Chapter 3 of Title 14, the charter or articles of incorporation of such corporation shall stand surrendered and the corporation dissolved. (f) Nothing contained in this Code section shall be considered as authorizing the department to accept a transfer of assets upon terms which would require the use of them by the department in a manner not authorized by law.
49-1-7. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department.

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49-1-8. (a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce.
49-1-9 49-1-7. (a) The General Assembly finds that it is in the best interest of the state to provide for programs for home delivered meals, transportation services for the elderly, and preschool children with special needs, including but not limited to disabled children, troubled children, school readiness programs, and other similar needs for the benefit of the citizens of Georgia. In addition to and as a supplement to traditional financing mechanisms for such programs, it is the policy of this state to enable and encourage citizens voluntarily to support such programs. (b) To support programs for home delivered meals, transportation services for the elderly, and preschool children with special needs which programs have been established or approved by the department or the Department of Health, the department may, without limitation, promote and solicit voluntary contributions through the income tax return contribution mechanism established in subsection (f) of this Code section, through offers to match contributions by any person with moneys appropriated or contributed to the department or the Department of Health for such programs, or through any fund raising or other promotional techniques deemed appropriate by the department or the Department of Health. (c) There is established a special fund to be known as the 'Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund.' This fund shall consist of all moneys contributed under subsection (b) of this Code section, all moneys transferred to the department under subsection (f) of this Code section, and any other moneys contributed to this fund or to the home delivered meals, transportation services for the elderly, or preschool children with special needs programs of the department or the Department of Health and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The fund shall be administered and the moneys held in the fund shall be expended by the department through the Office Division of Aging Services in furtherance of home delivered meals and transportation services to the elderly programs and by the department Department of Health in furtherance of preschool children with special needs programs.

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(d) Following the transmittal of contributions to the department for deposit in the fund pursuant to subsection (f) of this Code section, the expenditure of moneys in the fund shall be allocated as follows:
(1) Fifty percent of the contributions to the fund shall be used for home delivered meals and transportation services to the elderly programs; and (2) Fifty percent of the contributions to the fund shall be transferred to the Department of Health to be used for preschool children with special needs programs. (e) Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. Contributions shall only be used for benefits and services and shall not be used for personnel or administrative positions. The department and the Department of Health shall each prepare, by February 1 of each year, an accounting of the funds received and expended from the fund and a review and evaluation of all expended moneys of the fund. The report reports shall be made available to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, to the members of the Board of Human Resources Services, and, upon request, to members of the public. (f)(1) Unless an earlier date is deemed feasible and established by the Governor, each Georgia income tax return form for taxable years beginning on or after January 1, 1993, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund established in subsection (c) 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 such 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 department for deposit in the fund established in subsection (c) of this Code section; provided, however, the amount retained for administrative costs, including implementation 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.
CHAPTER 2 ARTICLE 1

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49-2-1. (a) There is created a Department of Human Resources Services. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Health or the Department of Behavioral Health, are transferred to the Department of Human Services effective July 1, 2009, and the Department of Human Resources shall be reconstituted as the Department of Human Services effective July 1, 2009. (b) There is also created the position of commissioner of human resources services. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department.
49-2-2. (a) There is created a Board of Human Resources Services, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Human Resources Services created by Code Section 49-2-1. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Health or the Department of Behavioral Health, are transferred to the Board of Human Services effective July 1, 2009, and the Board of Human Resources as it existed on June 30, 2009, shall be abolished effective July 1, 2009. The board shall consist of one member from each congressional district in the state and four at-large nine members appointed by the Governor and confirmed by the Senate. For this purpose, the congressional districts used shall be those specified in Code Section 21-1-2, as amended by Act No. 2EX11 of the second extraordinary 2001 session of the General Assembly and as thereafter amended by law. Seven members of the board shall be engaged professionally in rendering health services, and at least five of these seven members shall be licensed to practice medicine pursuant to Chapter 34 of Title 43. In appointing members to the board, the Governor shall take into account to the extent practicable all areas and functions encompassed by the department. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years; three members shall be appointed for four years; and the remaining members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five-year three-year terms from the expiration of the previous term.

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(c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (d)(e) There shall be a chairman chairperson of the board, elected by and from the membership of the board, who shall be the presiding officer of the board. (e) Those members engaged in rendering health services shall comprise no more than seven members of the total membership of the board. (f) The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards.
49-2-2.1. (a) The Department of Human Services 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 Human Services pursuant to Code Section 49-2-1 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 Human Services pursuant to Code Section 49-2-1. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Human Services by proper authority or as otherwise provided by law. (b) 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 Human Services pursuant to Code Section 49-2-1 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 Human Services. In all such instances, the Department of Human Services shall be substituted for the Department of Human Resources, and the Department of Human Services shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Human Services in similar capacities, as determined by the commissioner of human services. Such employees shall be subject to the employment practices and policies of the Department of Human Services on and after July 1, 2009,

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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 Human Services. (d) On July 1, 2009, the Department of Human Services shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1.
49-2-3. (a) Reserved. (b) The policy-making functions of the State Board for Children and Youth, contained in Ga. L. 1963, p. 81, are vested in the Board of Human Resources Services. (c)(b) The policy-making functions of the Commission on Aging, created in Ga. L. 1962, p. 604, are vested in the Board of Human Resources Services.
49-2-4. There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department.
49-2-5. The department is declared to be an institution of the state for which the powers of taxation over the whole state may be exercised, and the department is empowered and authorized to administer, expend, and disburse funds appropriated to it and allocated to it by the General Assembly, the respective counties of the state, and the United States, through its appropriate agencies and instrumentalities for the purpose of distributing old-age benefits and all other benefits as provided in this title.
49-2-6. (a) The department shall administer or supervise all county departments of the state as provided in Chapter 3 of this title. (b) The department shall:
(1) Administer or supervise: (A) All categories of public assistance established under Code Section 49-4-3; (B) The operation of state charitable and eleemosynary institutions;

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(C) Agencies and institutions caring for dependent or mentally or physically disabled or aged adults; and (D) Such other welfare activities or services as may be vested in it; (2) Cooperate in the supervision of all correctional activities, including the operation of all the penal and correctional institutions of the state, together with parole, supervising of probation services, segregation of first offenders, and the inspection of local jails; (3) Provide services to county governments, including the organization and supervision of county departments for the effective administration of welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state; (4)(3) Prescribe qualifications and salary standards for welfare personnel in state and county departments, subject to Chapter 20 of Title 45; (5)(4) Assist other state and federal departments, agencies, and institutions, when so requested, by performing services in conformity with the purposes of this title; (6)(5) Act as the agent of the federal government in welfare matters of mutual concern in conformity with this title and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (7)(6) Under rules and regulations prescribed by the board, designate county and district departments to serve as agents in the performance of all state welfare activities in the counties or districts; (8)(7) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary; (9)(8) Have the right to accept and execute gifts or donations for welfare purposes, as may be prescribed by the donors thereof; (10)(9) Have authority to delegate in whole or in part the operation of any institution or other activity of the department to any other appropriate department or agency of the state, county, or municipal governments; and to contract with and cooperate with such departments or subdivisions in any manner proper for carrying out the purposes of this title; (11) Make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for the purposes of this title the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf

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of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budge required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited; and (12)(10) Administer such programs and provide such services as may be appropriate and necessary to strengthen family life and help needy individuals attain the maximum economic and personal independence of which they are capable, including services to applicants and recipients of old-age assistance to help them attain selfcare, provided that the costs incurred by the county departments in administering this Code section in conjunction with the public assistance programs administered by the department shall be deemed to be administrative expenses; (11) Classify and license community living arrangements in accordance with the rules and regulations promulgated by the department for the licensing and enforcement of licensing requirements for persons whose services are financially supported, in whole or in part, by funds authorized through the department. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 49-2-17 and 49-2-18. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued pursuant to this paragraph is not assignable or transferable. As used in this paragraph, the term 'community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage; and (12) Classify host homes for persons whose services are financially supported, in whole or in part, by funds authorized through the department and provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the department. The department shall approve and enter into agreements with community providers which,

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in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice, as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person. As used in this paragraph, the term 'host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage.
49-2-7. (a) The functions, duties, and authority of the Board of Public Welfare, established by Ga. L. 1919, p. 222, as amended, as transferred and vested in the Board of Control of Eleemosynary Institutions by Ga. L. 1931, p. 7, Section 44A, are vested in the Department of Human Resources Services. (b) The functions, duties, and authority of the Department of Family and Children Services, created in Ga. L. 1937, p. 355, as amended, are vested in the Department of Human Resources Services. (c) The functions of the State Board for Children and Youth, created in Ga. L. 1963, p. 81, except for the policy-making functions transferred to the Board of Human Resources, are vested in the Department of Human Resources Services. (d) Reserved. (e) The functions, duties, and authority of the State Commission on Aging, created in Ga. L. 1962, p. 602, except the policy-making functions transferred to the Board of Human Resources Services, are vested in the Department of Human Resources Services.
49-2-8. The five members of the board who are licensed to practice medicine pursuant to Chapter 34 of Title 43 shall pass upon and approve the professional qualifications of all physicians and medical doctors employed by the department. Reserved.
49-2-9. In administering any funds appropriated or made available to the department for welfare purposes, the department shall have the power:
(1) To make use of all local processes to enforce the minimum standards prescribed under or pursuant to the laws providing for grants-in-aid; and (2) To administer and disburse any and all funds which may be allocated by any municipality of the state or private organization or society for such purposes as may be designated by such municipality or other agency. The department may use a

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reasonable percentage of such funds for administrative costs, not to exceed 10 percent of the total sum administered.
49-2-10. For the purpose of carrying out the duties and obligations of the department for performance of welfare services of the state, for administrative costs, for matching such federal funds as may be available for all of the aforesaid services, for the purpose of establishing an equalization fund to be used in assisting those counties which may be unable otherwise to bear their proportionate share of the expenses of administration and of dispensing the benefits provided for under this title, and for dispensing all of the benefits provided for under this title, the General Assembly shall make appropriations out of the general fund of the state or otherwise for the various and separate activities of the department. All funds appropriated or allocated to the department or to the county departments by the General Assembly, the fiscal authorities of the respective counties, and by the federal government through its appropriate agencies and instrumentalities are declared to be funds provided for a public purpose; and all appropriations provided for in this Code section and hereafter may be expended and distributed by the department for the purposes provided for under this title.
49-2-11. (a) Notwithstanding any provision in this title to the contrary, particularly Articles 2, 3, and 5 of Chapter 4 of this title, nothing therein contained shall be construed to prevent the acceptance of more than 50 percent federal matching funds. The department may accept and disburse the maximum percentage of federal grant-in-aid funds made available to this state by the federal government under any formula of variable grants or other formula for the granting of federal grants-in-aid. (b) The department is authorized to comply with the requirements prescribed by Congress as conditions to federal grants. (c) To the end of empowering the department to comply with federal requirements and to effectuate the purposes of grant-in-aid welfare programs, the board is authorized to promulgate all necessary rules and regulations and the department is authorized to do all things necessary and proper for the securing of the maximum amount of such federal grants. (d) In the event that Congress appropriates funds for grants-in-aid to the state governments for the purpose of assisting them in the operation of general assistance programs, medical assistance programs, or any other welfare programs, the department is authorized to cooperate with the federal government in such programs, to accept funds from the federal government in the maximum amounts made available, to disburse them, and to comply with all requirements of the federal government necessary for the securing of such grant-in-aid funds. (e) Any state funds which are made available by appropriation to the department for matching federal funds shall be available to supply the state portion of expenditures for general assistance programs, medical assistance programs, or any other type welfare

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programs provided for by the federal government which benefit the citizens or residents of this state. (f) Notwithstanding subsections (a) through (e) of this Code section, the Department of Community Health shall be the single state agency for the administration of the state medical assistance plan.
49-2-12. (a) All divisions and sections within the department shall make an inventory of all the various vehicles to which the department holds title and shall investigate their utilization patterns in order to establish and develop a consolidated and coordinated transportation plan for the various human services programs of the department, including, but not limited to, those programs relating to the aged and to the mentally and physically disabled. (b) Other departments and agencies of the state shall cooperate with the Department of Human Resources Services in mutually beneficial agreements regarding the establishment and development of a coordinated transportation plan involving various vehicles to which the state has title. (c) The plan required to be developed under this Code section shall identify the fully allocated costs of the transportation component of their services and take into consideration various limitations on the expenditure of federal funds which may arise in any consolidated or coordinated transportation system. No later than June 30, 1980, a preliminary transportation plan shall be submitted by the department to the Human Relations and Aging Committee of the House of Representatives and the Education and Youth, Aging, and Human Ecology Committee of the Senate, which plan shall be revised and submitted to such committees every two years thereafter.
49-2-13. All divisions and sections within the department, in cooperation with the Department of Transportation, shall identify those areas of the state where the general transportation needs of the elderly and persons with disabilities are not and cannot be adequately served by bus service and community service centers furnishing transportation. In further cooperation with the Department of Transportation, the department shall identify alternatives for meeting the transportation needs of these persons and shall report to the committees specified in subsection (c) of Code Section 49-2-12 as required therein. Such alternative means to be considered for providing for the transportation needs of these persons should include, but shall not be limited to:
(1) Contract service resulting from competitive bidding by private sector bus operators operating under Article 1 of Chapter 7 of Title 46; (2) Contract service resulting from competitive bidding by taxi operators; (3) Negotiated fee basis with municipal and area-wide transportation systems serving the general public; or (4) Any combination of above paragraphs (1) through (3) of this Code section.

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49-2-13.1. (a) The department may, when funds are available from the United States government for such purposes, provide financial assistance with such funds, or such funds and state general funds appropriated for these purposes, to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of the elderly or persons with disabilities, or both, for whom the department determines that the mass transportation services planned, designed, and carried out by local public bodies, agencies, and authorities are unavailable, insufficient, or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements, and restrictions as the department determines to be necessary or appropriate in order to carry out the purposes of this Code section. (b) In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section.
49-2-14. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed. (c) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department, and its contractors, and any district or county health agency. Such uniform method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. After receiving the

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fingerprints and fee, the Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. (d) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning children in the custody of the department or who are the subjects of a child protective services referral, complaint, or investigation and shall be privileged and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the employment, department, or licensed child-placing agency file. Immediately following the employment decisions or upon receipt of the conviction data concerning any adult person who has contact with a child who is the subject of a child protective services referral, complaint, or investigation or who resides in a home where children in the custody of the department may be placed, all such conviction data collected by the department or the licensed child-placing agency shall be maintained by the department or child-placing agency pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (e) Notwithstanding the provisions of subsection (c) of this Code section, when a contractor to this department is a personal care home, the provisions of Code Sections 31-7-250 through 31-7-264 shall apply. (f) The department may promulgate written rules and regulations to implement the provisions of this Code section. (g) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information which it may be provided pursuant to state or federal law which is relevant to any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation to the fullest extent permissible by federal and state law, including but not limited to Public Law 92-544. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprint cards fingerprints together with any required records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the names alone of such adult persons to the proper law enforcement agency when the department is considering placement of a child in exigent circumstances for a name based check of such adult person's criminal history

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information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such exigent circumstances, the department shall submit two complete sets of fingerprint cards fingerprints of those adult persons in the placement home, together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. Fingerprint cards The fingerprints shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center in accordance with Code Section 35-3-35. Following the submission of such fingerprint cards fingerprints, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. In the event that a child has been placed in exigent circumstances, a name based records search has been requested for any adult person of the placement household, and that adult refuses to provide fingerprints after being requested to do so by the department, the child shall be immediately removed from the placement household by the department, provided that the child is in the custody of the department. (h) The department shall be authorized to conduct a name or descriptor based check of any adult person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation without the consent of such adult person and without fingerprint comparison to the fullest extent permissible by federal and state law.
49-2-14.1. (a) As used in this Code section, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses:
(A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery;

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(L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31; (C) Community living arrangement subject to licensure under paragraph (16)(11) of subsection (b) and subsection (c) of Code Section 37-1-20 49-2-6; or (D)(B) Child welfare agency required to be licensed under Code Section 49-5-12. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who: (A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility.

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(9) 'Records check application' means two sets of classifiable fingerprints in such form and of such quality as prescribed by the Georgia Crime Information Center under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application.
(2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC both sets of the fingerprints and the records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit one set of the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to

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be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the The GCIC, the department, any law enforcement agency, nor and the employees of any such entities shall not be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the facility. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of this title or Article 11 of Chapter 7 of Title 31. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section.
49-2-15. When any action is brought against the Department of Human Resources Services, the Board of Human Resources Services, the commissioner of human resources services, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for

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service of a second original process, issued from the court in which the action is filed, upon the commissioner of human resources services personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of process in such action shall not be perfected until such second original process has been served as provided in this Code section. The provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice.
49-2-16. (a) There is created a Georgia Council for Welfare Administration. The objectives for of the council shall be:
(1) To promote improvements in public welfare and social service programs of the Division of Family and Children Services within the Department of Human Resources Services; (2) To provide a forum for the interchange of information relating to welfare and social service programs; and (3) To promote with any organization exempt under Section 501(c)(4) of the United States Internal Revenue Code of 1986 a more efficient public welfare delivery system for the citizens of this state. (b) Membership in the council shall be open to persons actively employed in the Division of Family and Children Services within the Department of Human Resources Services. (c) No state funds shall be appropriated for the benefit or use of the council. (d) The council is authorized to adopt bylaws which prescribe its organizational structure, officers, terms and condition of office, meeting schedules, and such other organizational procedures as are necessary for its lawful and effective functioning. (e) The commissioner of human resources services shall call the initial meeting of the council at which time the council shall organize and select its officers.
49-2-17. (a) This Code section shall be applicable to any agency, facility, institution, community living arrangement, or entity subject to regulation by the department under Chapter 5 of this title or paragraph (11) of subsection (b) of Code Section 49-2-6. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has:
(1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity;

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(2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public. (d) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (e) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein and violation

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thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (f) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity 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 (c) of this Code section. (g) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (h) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (i) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (j) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (k) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (l) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (m) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section.

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49-2-18. (a)(1) The commissioner may order the emergency relocation of patients or residents from a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when the commissioner has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for: (A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate community living arrangement; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)(1) The commissioner may order the emergency placement of a monitor in a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when one or more of the following conditions are present: (A) The community living arrangement is operating without a license; (B) The department has denied application for a license or has initiated action to revoke the existing license of the community living arrangement; (C) The community living arrangement is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the community living arrangement. (2) A monitor may be placed, pursuant to this subsection, in a community living arrangement for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the community living arrangement. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the community living arrangement nor shall the monitor be liable for any actions of the community living arrangement. The costs of placing a monitor in a community living arrangement shall be paid by the community living arrangement unless the order placing the monitor is determined to be invalid in a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c)(1) The commissioner may order the emergency prohibition of admissions to a community living arrangement subject to licensure under paragraph (11) of subsection (b) of Code Section 49-2-6 when the community living arrangement has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation: (A) Could jeopardize the health and safety of the residents or patients in the community living arrangement if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence.

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(2) Admission to a community living arrangement may be suspended until the violation has been corrected or until the department has determined that the community living arrangement has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any community living arrangement affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall thereupon become void and of no effect. If at the preliminary hearing the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner.
ARTICLE 2
49-2-20. As used in this part, the term:
(1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a residential child care licensing law. (2) 'Residential child care licensing law' means this chapter and Chapter 5 of this title and any rule or regulation duly promulgated thereunder.
49-2-21. The commissioner or the commissioner's designee, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this part. Such warrant shall authorize the commissioner or the commissioner's designee to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated pursuant to a residential child care licensing law.
49-2-22. (a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected.

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(b) The issuing judge shall issue the warrant when the judge is satisfied that the following conditions are met:
(1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this part.
49-2-23. The inspection warrant shall be validly issued only if it meets the following requirements:
(1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced.
49-2-24. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this part shall be competent as evidence in any criminal proceeding against any party.
49-2-25. The Department of Human Services is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of a residential child care licensing law as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs."
SECTION 2-2.

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The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Human Services":
(1) Code Section 2-7-102, relating to grounds for denial, suspension, revocation, or modification of license, permit, or certification for use and application of pesticides; (2) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (3) Code Section 12-6-49.1, relating to denial or suspension of license for noncompliance with child support order; (4) Code Section 15-11-8, relating to expenses charged to county and payment by parents on court order; (5) Code Section 15-11-14, relating to emergency care and supervision of a child by the Department of Human Resources; (6) Code Section 15-11-15, relating to detainment of child in temporary protective custody of a physician; (7) Code Section 15-11-19, relating to the establishment of the Council of Juvenile Court Judges; (8) Code Section 15-11-55, relating to disposition of a deprived child; (9) Code Section 15-11-58, relating to reasonable efforts regarding reunification of family; (10) Code Section 15-11-71, relating to supervision fees for juvenile courts; (11) Code Section 15-11-103, relating to placement of a child following a termination order; (12) Code Section 15-11-171, relating to definitions relative to the "Georgia Child Advocate for the Protection of Children Act"; (13) Code Section 15-11A-4, relating to appointment of personnel to the Family Court Division of the Superior Court of Fulton County; (14) Code Section 15-18-14, relating to appointment of prosecuting attorneys; (15) Code Section 18-4-131, relating to definitions relative to continuing garnishment for family support; (16) Code Section 19-6-15, relating to child support in final verdict or decree; (17) Code Section 19-6-31, relating to definitions relative to income deduction orders; (18) Code Section 19-6-33.1, relating to the family support registry; (19) Code Section 19-6-51, relating to members of the Georgia Child Support Commission; (20) Code Section 19-7-5, relating to reporting of child abuse; (21) Code Section 19-7-6, relating to reporting of juvenile drug use; (22) Code Section 19-7-22, relating to petitions for legitimation of child; (23) Code Section 19-7-40, relating to jurisdiction and administrative determination of paternity; (24) Code Section 19-7-43, relating to petitions to establish paternity of a child; (25) Code Section 19-7-52, relating to whom support payments may be made;

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(26) Code Section 19-7-54, relating to motions to set aside determination of paternity; (27) Code Section 19-8-1, relating to definitions relative to adoption; (28) Code Section 19-8-5, relating to surrender or termination of parental or guardian's rights where child to be adopted by a third party; (29) Code Section 19-8-23, relating to where records of adoption are kept; (30) Code Section 19-8-26, relating to how surrender of parental rights is executed; (31) Code Section 19-9-122, relating to delegation of authority for the care of a minor child; (32) Code Section 19-9-129, relating to the power of attorney form for the care of a minor child; (33) Code Section 19-10A-5, relating to investigating and reporting utilization of provisions under the "Safe Place for Newborns Act of 2002"; (34) Code Section 19-10A-6, relating to reimbursement of medical costs under the "Safe Place for Newborns Act of 2002"; (35) Code Section 19-11-3, relating to definitions relative to the "Child Support Recovery Act"; (36) Code Section 19-11-9.1, relating to duty to furnish information about obligor to the Department of Human Resources; (37) Code Section 19-11-9.2, relating to duty of employers to report hiring or rehiring of persons; (38) Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order; (39) Code Section 19-11-18, relating to collection procedures for child support payments in arrears; (40) Code Section 19-11-30.1, relating to the computer based registry for financial institutions with regard to the "Child Support Recovery Act"; (41) Code Section 19-11-30.2, relating to definitions relative to the computer based registry for financial institutions with regard to the "Child Support Recovery Act"; (42) Code Section 19-11-30.3, relating to the responsibility of the Department of Human Resources Bank Match Registry; (43) Code Section 19-11-58, relating to the Department of Human Resources designated as the state information agency under the "Uniform Reciprocal Enforcement of Support Act"; (44) Code Section 19-11-102, relating to designated tribunals under the "Uniform Interstate Family Support Act"; (45) Code Section 19-11-110, relating to jurisdiction under the "Uniform Interstate Family Support Act"; (46) Code Section 19-11-127, relating to authority of district attorney to represent the Department of Human Resources in a proceeding under the "Uniform Interstate Family Support Act"; (47) Code Section 19-11-129, relating to the Department of Human Resources as the state information agency under the "Uniform Interstate Family Support Act";

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(48) Code Section 19-13-20, relating to definitions relative to family violence shelters; (49) Code Section 19-15-2, relating to child abuse protocol committees; (50) Code Section 19-15-3, relating to county multiagency child fatality review committees; (51) Code Section 20-1A-60, relating to definitions relative to the Georgia Child Care Council; (52) Code Section 20-2-133, relating to free public instruction for children in elementary and secondary education; (53) Code Section 20-2-250, relating to projects to improve effectiveness in elementary and secondary education; (54) Code Section 20-2-696, relating to duties of visiting teachers and attendance officers; (55) Code Section 20-3-660, relating to creation of a program of postsecondary grants for foster children and adopted children; (56) Code Section 29-4-2, relating to qualifications of guardians selected for adults; (57) Code Section 29-4-3, relating to order of preference in selection of guardians; (58) Code Section 29-9-10, relating to oath by a duly appointed delegate of the Department of Human Resources; (59) Code Section 29-10-3, relating to qualifications and requirements of public guardians; (60) Code Section 29-10-4, relating to registration of public guardians with the probate court; (61) Code Section 29-10-10, relating to compensation of public guardians; (62) Code Section 29-10-11, relating to appropriation of funds for compensation of public guardians in certain circumstances; (63) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (64) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind; (65) Code Section 30-5-3, relating to definitions relative to the "Disabled Adults and Elder Persons Protection Act"' (66) Code Section 30-5-10, relating to cooperative effort in development of programs relating to the abuse and exploitation of persons 65 years of age or older; (67) Code Section 31-7-282, relating to collection and submission of health care data; (68) Code Section 31-8-52, relating to the establishment of a long-term care ombudsman program; (69) Code Section 31-8-116, relating to involuntary transfer of residents discharged from a long-term care facility; (70) Code Section 31-10-9.1, relating to social security account information of parents with respect to vital records; (71) Code Section 34-8-199, relating to uncollected overissuance of food stamp coupons;

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(72) Code Section 39-4-1, relating to the definition of "appropriate public authority" with respect to the Interstate Compact on the Placement of Children; (73) Code Section 39-4-2, relating to the definition of "appropriate authority in the receiving state" with respect to the Interstate Compact on the Placement of Children; (74) Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees; (75) Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order; (76) Code Section 42-1-12, relating to the state sexual offender registry; (77) Code Section 42-9-58, relating to effect of state pardons and paroles laws on other laws respecting parole and probation; (78) Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses by a professional licensing board; (79) Code Section 45-9-4, relating to the commissioner of administrative services to purchase insurance or indemnity contracts; (80) Code Section 45-13-22, relating to distribution of Georgia Laws and journals of the House of Representatives and Senate; (81) Code Section 46-4-152, relating to definitions relative to the "Natural Gas Competition and Deregulation Act"; (82) Code Section 46-4-158.3, relating to adequate and accurate consumer information disclosure statements; (83) Code Section 48-7-29.15, relating to a tax credit for the adoption of a foster child; (84) Code Section 49-3-1, relating to establishment of county and district departments, boards, and directors; (85) Code Section 49-3-3, relating to appointment of county director; bond of county director; (86) Code Section 49-3-4, relating to appointment of staff, salaries, and power of the commissioner of human resources to transfer employees; (87) Code Section 49-3-6, relating to functions of county departments of family and children services; (88) Code Section 49-4-2, relating to definitions relative to public assistance; (89) Code Section 49-4-3, relating to establishment of categories of public assistance; (90) Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in determining eligibility for public assistance; (91) Code Section 49-4-8, relating to applications for public assistance; (92) Code Section 49-4-9, relating to investigation and record concerning application for public assistance; (93) Code Section 49-4-14, relating to regulations as to records relating to public assistance; (94) Code Section 49-4-36, relating to payment of assistance for needy individuals who are 65 years of age or older after recipient moves to another county;

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(95) Code Section 49-4-54, relating to duties of county departments under the "Aid to the Blind Act"; (96) Code Section 49-4-56, relating to reexamination of recipient's eyesight under the "Aid to the Blind Act"; (97) Code Section 49-4-60, relating to payment of assistance for needy blind individuals after recipient moves to another county; (98) Code Section 49-4-85, relating to payment of assistance for needy individuals who are totally and permanently disabled after recipient moves to another county; (99) Code Section 49-4-162, relating to the establishment of the Georgia Qualified Long-term Care Partnership Program; (100) Code Section 49-4-171, relating to a hearing on the petition for a personal representative to manage assistance payments; (101) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families; (102) Code Section 49-4-183, relating to administration of the temporary assistance for needy families program by the Department of Human Resources; (103) Code Section 49-4-190, relating to construction of the laws relating to the temporary assistance for needy families program; (104) Code Section 49-5-4, relating to the coordination of other state departments, agencies, officers, and employees for children and youth services; (105) Code Section 49-5-7, relating to development and administration of public child welfare and youth services; (106) Code Section 49-5-8, relating to powers and duties of the Department of Human Resources with respect to programs and protection for children and youth; (107) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; (108) Code Section 49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records; (109) Code Section 49-5-41.1, relating to inspection and retention of records of juvenile drug use; (110) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (111) Code Section 49-5-130, relating to legislative findings and intent relative to the Governor's Office for Children and Families; (112) Code Section 49-5-154, relating to study of youth needs for delinquency prevention and community based services; (113) Code Section 49-5-180, relating to definitions relative to a central child abuse registry; (114) Code Section 49-5-281, relating to the bill of rights for foster parents; (115) Code Section 49-6-20, relating to the creation of the Council on Aging; (116) Code Section 49-6-60, relating to legislative intent for community care and services for the elderly;

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(117) Code Section 49-6-61, relating to definitions relative to community care and services for the elderly; (118) Code Section 49-6-72, relating to definitions relative to the "Georgia Family Caregiver Support Act"; (119) Code Section 49-6-81, relating to the legislative intent of the "Adult Day Center for Aging Adults Licensure Act"; (120) Code Section 49-6-82, relating to definitions relative to the "Adult Day Center for Aging Adults Licensure Act"; (121) Code Section 50-5-136, relating to the powers and authority of the State Use Council; and (122) Code Section 50-27-55, relating to setoff of debt collection against lottery prizes applicable to prizes of $5,000.00 or more.
SECTION 2-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "Board of Human Services":
(1) Code Section 9-10-152, relating to grounds for continuance in any case pending in the courts of this state for attendance by a board member at meeting of Board of Human Resources; (2) Code Section 17-8-30, relating to grounds for granting of continuances in any case pending in the courts of this state for party or party's counsel in attendance as a board member at meeting of Board of Human Resources; (3) Code Section 19-11-5, relating to debt to state created by payment of public assistance under the "Child Support Recovery Act"; (4) Code Section 30-5-6, relating to cooperation of other public agencies with the director of the Division of Aging Services of the Department of Human Resources under the "Disabled Adults and Elder Persons Protection Act"; (5) Code Section 45-10-40, relating to prohibitions on contracting with state institutions; (6) Code Section 45-10-41, relating to penalty for profiting from contracts with state institutions generally; (7) Code Section 49-3-6, relating to functions of county departments of family and children services; (8) Code Section 49-4-11, relating to award and payment of public assistance to needy persons; (9) Code Section 49-4-12, relating to periodic redetermination of public assistance awards; (10) Code Section 49-4-54, relating to duties of county departments under the "Aid to the Blind Act"; (11) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families;

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(12) Code Section 49-4-183, relating to administration of the temporary assistance for needy families program by the Department of Human Resources; (13) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; and (14) Code Section 49-6-62, relating to the establishment of community care unit in the Division of Aging Services of the Department of Human Resources.
SECTION 2-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of human services":
(1) Code Section 19-8-16, relating to investigation by child-placing agency or other agent with respect to adoption; (2) Code Section 19-8-23, relating to where records of adoption are kept; (3) Code Section 19-11-9, relating to location of absent parents by the Department of Human Resources with respect to the "Child Support Recovery Act"; (4) Code Section 19-11-11, relating to issuance of subpoenas by the Department of Human Resources with respect to the "Child Support Recovery Act"; (5) Code Section 19-11-18, relating to collection procedures with respect to the "Child Support Recovery Act"; (6) Code Section 19-11-30.6, relating to reciprocal agreements with other states with respect to the "Child Support Recovery Act"; (7) Code Section 19-11-30.7, relating to construction of the "Child Support Recovery Act"; (8) Code Section 19-11-30.8, relating to annual reports with respect to the "Child Support Recovery Act"; (9) Code Section 19-11-30.9, relating to information subject to disclosure with respect to the "Child Support Recovery Act"; (10) Code Section 19-11-30.11, relating to fee on levied accounts with respect to the "Child Support Recovery Act"; (11) Code Section 20-1A-61, relating to the members of the Child Care Council; (12) Code Section 28-5-60, relating to creation of the Claims Advisory Board; (13) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (14) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind; (15) Code Section 31-8-53, relating to duties of the state long-term care ombudsman; (16) Code Section 45-7-7, relating to compensation and allowances of certain public officials not to be changed without giving public notice; (17) Code Section 45-9-4, relating to commissioner of administrative services to purchase insurance or indemnity contracts insuring or indemnifying state officers, officials, or employees against personal liability; (18) Code Section 49-3-3, relating to appointment of the director of each county board of family and children services;

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(19) Code Section 49-3-4, relating to appointment of the staff of each county board of family and children services; (20) Code Section 49-4-15.1, relating to examination of financial records in instances of alleged fraud by recipients of food stamps and public assistance; (21) Code Section 49-4A-3, relating to the creation of the Department of Juvenile Justice; (22) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (23) Code Section 49-8-3, relating to definitions relative to "The Economic Rehabilitation Act of 1975"; (24) Code Section 50-5-69, relating to state purchases without competitive bidding; and (25) Code Section 50-5-135, relating to the creation of the State Use Council.
SECTION 2-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Office of Aging" or "Office of Aging Section" wherever it occurs with "Division of Aging Services":
(1) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (2) Code Section 49-6-5, relating to the creation of the Office of Aging Section within the Department of Human Resources; and (3) Code Section 49-6-20, relating to the creation of the Council on Aging.
SECTION 2-6. Code Section 10-1-395 of the Official Code of Georgia Annotated, relating to the appointment and duties of the administrator and the creation of the Consumer Advisory Board, is amended by revising subsection (a) as follows:
"(a) The administrator shall be appointed by the Governor and shall serve at his pleasure. The office of the administrator shall be attached to the office of the Governor for administrative purposes only. The administrator shall perform all functions formerly performed by the Consumer Services Unit of the Division of Special Programs of the Department of Human Resources (now known as the Department of Human Services)."
SECTION 2-7. Code Section 15-11-63 of the Official Code of Georgia Annotated, relating to commitment of child 13 to 17 years of age to custody of Department of Corrections, is amended by revising paragraph (2) of subsection (e) as follows:
"(2) During the placement or any extension thereof: (A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the child shall not be released from intensive supervision without

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the written approval of the commissioner of juvenile justice or such commissioner's designated deputy; (B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Resources Services, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health; (C) The child shall not be discharged from the custody of the Department of Juvenile Justice unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and (D) Unless otherwise specified in the order, the Department of Juvenile Justice shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the child; and"
SECTION 2-8. Code Section 19-15-1 of the Official Code of Georgia Annotated, relating to definitions relative to child abuse, is amended by revising paragraph (4) as follows:
"(4) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, school teacher, school administrator, or school counselor or who is employed to render services to children by the Department of Health, Department of Behavioral Health, or the Department of Human Resources Services or any county board of health or county department of family and children services."
SECTION 2-9. Code Section 20-1A-3 of the Official Code of Georgia Annotated, relating to the commissioner and board of the Department of Early Care and Learning, is amended by revising subsection (d) as follows:
"(d) The board shall determine policies and promulgate rules and regulations for the operation of the department including:
(1) Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; (2) Functions transferred to the department from the Department of Human Resources (now known as the Department of Human Services) relating to day-care centers, group day-care homes, family day-care homes, and other functions as agreed

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upon by the department and the Department of Human Resources (now known as the Department of Human Services) in accordance with Code Section 20-1A-8; (3) Functions transferred to the department from the Georgia Child Care Council pursuant to Code Section 20-1A-63; and (4) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17."
SECTION 2-10. Code Section 20-1A-4 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Early Care and Learning, is amended by revising paragraph (8) as follows:
"(8) To perform any other functions as agreed upon between the department and the Department of Human Resources (now known as the Department of Human Services), pursuant to Code Section 20-1A-8;"
SECTION 2-11. Code Section 20-1A-8 of the Official Code of Georgia Annotated, relating to the transfer of functions, powers, personnel, equipment, and assets from Department of Human Resources to the Department of Early Care and Learning, is amended by revising subsections (a) and (b) as follows:
"(a) Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources (now known as the Department of Human Services) for the regulation and licensure of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (b) Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 20-1A-63, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Georgia Child Care Council or the Department of Human Resources, (now known as the Department of Human Services)

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which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004."
SECTION 2-12. Code Section 20-1A-9 of the Official Code of Georgia Annotated, relating to the authority to license and regulate day-care centers, group day-care homes, and family daycare homes transferred to the Department of Early Care and Learning, is amended as follows:
"20-1A-9. The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers, group day-care homes, and family day-care homes, including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources (now known as the Department of Human Services), the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board."
SECTION 2-13. Code Section 24-9-101, of the Official Code of Georgia Annotated, relating to definitions relative to use of sign language and intermediary interpreter in administrative and judicial proceedings, is amended by revising paragraph (2) as follows:
"(2) 'Department' means the Department of Human Resources Labor."
SECTION 2-14. Chapter 4 of Title 31 of the Official Code of Georgia Annotated, relating to the Council on Maternal and Infant Health, is repealed in its entirety and reserved.
SECTION 2-15. Code Section 31-8-51 of the Official Code of Georgia Annotated, relating to definitions relative to the long-term care ombudsman, is amended by adding a new paragraph to read as follows:
"(1.1) 'Department' means the Department of Human Services."
SECTION 2-16. Code Section 31-8-82 of the Official Code of Georgia Annotated, relating to reporting abuse or exploitation of a resident in a long-term care facility, is amended by revising subsection (a) as follows:
"(a) Any:

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(1) Administrator, manager, physician, nurse, nurse's aide, orderly, or other employee in a hospital or facility; (2) Medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, social worker, coroner, clergyman, police officer, pharmacist, physical therapist, or psychologist; or (3) Employee of a public or private agency engaged in professional services to residents or responsible for inspection of long-term care facilities who has knowledge that any resident or former resident has been abused or exploited while residing in a long-term care facility shall immediately make a report as described in subsection (c) of this Code section by telephone or in person to the department. In the event that an immediate report to the department is not possible, the person shall make the report to the appropriate law enforcement agency. Such person shall also make a written report to the Department of Human Resources Services within 24 hours after making the initial report."
SECTION 2-17. Code Section 34-15-2 of the Official Code of Georgia Annotated, relating to the July 2001 transfer of the Division of Rehabilitation Services to the Department of Labor, is amended by revising subsection (a) as follows:
"(a) The Division of Rehabilitation Services within the Department of Human Resources (now known as the Department of Human Services), including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, is transferred to the Department of Labor on July 1, 2001, and that division shall become the Division of Rehabilitation Services of the Department of Labor on July 1, 2001. The functions, duties, programs, institutions, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2001, are vested in the Department of Labor effective July 1, 2001. The division shall be administered by a director appointed by the Commissioner. The policy-making functions which were vested in the Board of Human Resources (now known as the Board of Human Services) or the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner of Labor effective July 1, 2001."
SECTION 2-18. Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, is amended by revising paragraphs (14) and (33) of subsection (o) as follows:
"(14) A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources Services to address the key needs of the state's older population or a nonprofit corporation organized to serve the needs of the state's older population."

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"(33) A special license plate supporting programs for the treatment of autism. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources Behavioral Health for the support of programs for the treatment of autism in Georgia."
SECTION 2-19. Code Section 43-26-51 of the Official Code of Georgia Annotated, relating to the purpose of the "Georgia Qualified Medication Aide Act," is amended as follows:
"43-26-51. The purpose of this article is to protect, promote, and preserve the public health, safety, and welfare through the delegation of certain activities performed by registered professional nurses and licensed practical nurses to persons who are certified as qualified medication aides and who are employed by and working in community living arrangements established by the Department of Human Resources Services pursuant to paragraphs (15) and (16) paragraph (11) of subsection (b) of Code Section 37-1-20 492-6."
SECTION 2-20. Code Section 43-26-52 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Qualified Medication Aide Act," is amended by revising paragraph (3) as follows:
"(3) 'Community living arrangement' means any residence, whether operated for profit or not for profit, which undertakes through its ownership or management to provide or arrange for the provision of daily personal services, support, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage which is established by the Department of Human Resources Services pursuant to paragraph (16) (11) of subsection (b) of Code Section 37-1-20 492-6 and whose services are financially supported, in whole or part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Human Services. A community living arrangement is also referred to as a 'residence.'"
SECTION 2-21. Code Section 45-20-90 of the Official Code of Georgia Annotated, relating to definitions relative to random drug testing of public employees in high-risk jobs, is amended by revising paragraph (2) as follows:
"(2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources State Personnel Board."

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SECTION 2-22. Code Section 46-1-5 of the Official Code of Georgia Annotated, relating to duties of the Department of Human Resources with regard to assistance to low or fixed income consumers of gas and electric service, is amended as follows:
"46-1-5. By March 2, 1982, the Department of Human Resources (now known as the Department of Human Services) shall develop a program to identify those low or fixed income consumers of gas and electric utility service who, in the department's opinion, should benefit from public assistance in paying their bills for gas and electric service. The department shall also establish an efficient and economical method for distributing to such consumers all public assistance funds which will be made available, whether by appropriations of state or federal funds, grants, or otherwise. All gas and electric utilities shall cooperate fully with the department in developing and implementing its program. Nothing in this Code section shall limit the commission's authority to order regulatory alternatives which assist low or fixed income ratepayers."
SECTION 2-23. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to setoff debt collection, is amended as follows:
"48-7-161. As used in this article, the term:
(1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Resources Services and the Department of Behavioral Health with respect to collection of debts under Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Section 49-4-15, and Chapter 9 of Title 37; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The State Medical Education Board with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (F) The Department of Corrections with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a crime who is in the legal custody of the department;

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(G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult. (2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, any sum which is due and owing any person and is enforceable by the Department of Human Resources Services pursuant to subsection (b) of Code Section 19-11-8, or any sum of restitution or reparation due pursuant to a sentence imposed on a person convicted of a crime and sentenced to restitution or reparation and probation. (3) 'Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy. (4) 'Refund' means the Georgia income tax refund which the department determines to be due any individual taxpayer."
SECTION 2-24. Code Section 49-4A-5 of the Official Code of Georgia Annotated, relating to transfer of functions and employees of the Division of Youth Services, is amended by revising subsection (b) as follows:
"(b) Any employees of the Department of Juvenile Justice who became so employed by virtue of their transfer from the Division of Youth Services of the Department of Human Resources (now known as the Department of Human Services) on June 30, 1992, shall retain their compensation and benefits and such may not be reduced. Transferred employees who were subject to the State Merit System of Personnel Administration 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 July 1, 1992, 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, 1992. Accrued annual and sick leave possessed by said employees on June 30, 1992, shall be retained by said employees as employees of the department."
SECTION 2-25. Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions relative to employees' record checks for day-care centers, is amended by revising paragraph (1) as follows:
"(1) 'Center' means a child-caring institution or child-placing agency child welfare agency, as defined in subsection (a) of Code Section 49-5-12, which is required to be licensed or registered under Article 1 of this chapter."

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SECTION 2-26. Code Section 49-5-69.1 of the Official Code of Georgia Annotated, relating to fingerprint and preliminary records check for foster homes, is amended as follows:
"49-5-69.1. (a) No licensed child-placing agency child welfare agency, as defined in this chapter subsection (a) of Code Section 49-5-12, shall place a child in a foster care home unless the foster parent or parents of the home and other adult persons that reside in the home or provide care to children placed in the home have received a satisfactory preliminary records check determination. Additionally, no child shall continue to be placed in such foster care home unless the foster parent or parents also subsequently receive a satisfactory fingerprint records check determination. A child-placing agency child welfare agency or any applicant for a license for such an agency shall be required to submit to the department a preliminary records check application and a records check application for the foster parent or parents of any foster care home used by the agency and a preliminary records check application for any other adult persons that reside in the home or provide care to children placed in the home. In lieu of such applications, the agency or license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months such foster parent or parents or other adult persons have received a satisfactory fingerprint records check determination or a satisfactory preliminary records check determination. (b) After receiving or obtaining the fingerprint records check determinations or the preliminary records check determinations, the department shall notify in writing the agency or license applicant as to each person for whom an application was received regarding whether the department's determinations were satisfactory or unsatisfactory. If any such determinations are unsatisfactory, such homes shall not be used by the child-placing agency child welfare agency as foster care homes. (c) The department shall have the authority to take any of the actions enumerated in subsection (c) of Code Section 31-2-6 49-2-17 if a licensed child-placing agency child welfare agency or an applicant for such a license violates any provision of this Code section. (d) An executive director of a child-placing agency child welfare agency that uses a foster care home with a foster parent or parents or other adult persons referenced in this Code section whom the executive director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor. (e) In addition to any other requirement established by law, the submission of fingerprints shall be a prerequisite to the issuance of a license or authorization for the operation of a foster home or to serve as foster parents as provided in this article. Such fingerprints shall be used for the purposes of fingerprint checks by the Georgia Crime Information Center and the Federal Bureau of Investigation."
SECTION 2-27.

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Code Section 49-6-84 of the Official Code of Georgia Annotated, relating to the authority of the Department of Human Resources to promulgate rules and regulations under the "Adult Day Center for Aging Adults Licensure Act," is amended as follows:
"49-6-84. The department is authorized to promulgate rules and regulations to implement this article utilizing the public rule-making process to elicit input from consumers, providers, and advocates. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-6 49-2-17. All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 2-28. Code Section 49-8-4 of the Official Code of Georgia Annotated, relating to administration of "The Economic Rehabilitation Act of 1975," is amended by revising subsection (a) as follows:
"(a) For purposes of administration, responsibility for the coordination of community services and fiscal accountability shall be determined by the commissioner of human resources services.
SECTION 2-29. Code Section 50-5-136 of the Official Code of Georgia Annotated, relating to the powers and authority of the State Use Council, is amended by revising paragraph (4) of subsection (b) as follows:
"(4) To oversee and assist in the development of guidelines for the certification of community based rehabilitation programs and training centers in the State of Georgia. The intent of these guidelines shall be to evaluate the qualifications and capabilities of community based rehabilitation programs and training centers interested in certification; to determine criteria for quality, efficiency, timeliness, and cost effectiveness in the production of goods, wares, merchandise, and services to be procured under the state use plan and purchased by the State of Georgia; and to establish a certification process which shall enable community based rehabilitation programs and training centers qualified under this process to compete in procurement activities provided for by this part. All community based rehabilitation programs and training centers which are certified by the commissioner of human resources (now known as the commissioner of human services for these purposes) as of February 8, 1994, shall not have to undergo the certification evaluation and approval process until 24 months from February 8, 1994;"
PART III Department of Behavioral Health.

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SECTION 3-1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Chapter 1 and Article 1 of Chapter 2, relating to general provisions and administration of mental health, developmental disabilities, addictive diseases, and other disability services, respectively, as follows:
"CHAPTER 1 ARTICLE 1
37-1-1. As used in this title, the term:
(1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse a chronic, often relapsing, brain disease that causes compulsive alcohol or drug seeking and use despite harmful consequences to the individual who is addicted and to those around him or her. (2) 'Board' means the Board of Human Resources Behavioral Health. (3) 'Commissioner' means the commissioner of human resources behavioral health. (4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (5) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2. (6) 'County board of health' means a county board of health established in accordance with Chapter 3 of Title 31 and includes its duly authorized agents. (7) 'Department' means the Department of Human Resources Behavioral Health and includes its duly authorized agents and designees. (8) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (8) 'Developmental disability' means a severe, chronic disability of an individual that:
(A) Is attributable to a mental, cognitive, or physical impairment, or any combination of mental, cognitive, and physical impairments; (B) Is manifested before the individual attains age 22 except in cases of traumatic brain injury when age is not a variable; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in three or more of the following areas of major life activities:
(i) Self-care; (ii) Receptive and expressive language; (ii) Learning; (iv) Mobility; (v) Self-direction; (vi) Capacity for independent living; and (vii) Economic self-sufficiency; and

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(E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance which are of lifelong or extended duration and are individually planned and coordinated. When applied to infants and young children, the term means individuals from birth to age nine years, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services or supports are not provided. (9) 'Disability' means: (A) Mental or emotional illness; (B) Developmental disability; or (C) Addictive disease. (10) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (11) 'Disabled' means any person or persons having a disability. (12) 'Mentally ill' means having a mental illness. (13) 'Mental illness' means all diagnosable mental disorders, which includes all health conditions that are characterized by alterations in thinking, mood, or behavior, or a combination thereof. (9)(14) 'Peace officer' means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff. (10)(15) 'Penal offense' means a violation of a law of the United States, this state, or a political subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution. (11)(16) 'Physician' means any person duly authorized to practice medicine in this state under Chapter 34 of Title 43. (12)(17) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (3) of Code Section 4339-1. (13)(18) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (14)(19) 'Regional coordinator' means an employee of the department who acts as the department's agent and designee to manage community and hospital services for consumers of disability services within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15)(20) 'Regional office' means a Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources an office created pursuant to Code Section 37-2-4.1. Such office shall be an office of the department and serve as the entity for the administration of disability services in a region.

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(16)(21) 'Regional planning board' means a mental health, developmental disabilities, and addictive diseases planning board established in accordance with Code Section 37-2-4.1. (17)(22) 'Regional services administrator' means an employee of the department who, under the supervision of the regional coordinator, manages the purchase or authorization of services, or both, for consumers of disability services, the assessment and coordination of services, and ongoing monitoring and evaluation of services provided within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (18)(23) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (19)(24) 'Resident' means a person who is a legal resident of the State of Georgia.
37-1-2. (a) The General Assembly finds that the state has a need to continually improve its system for providing effective, efficient, and quality mental health, developmental disability, and addictive disease services. The General Assembly also finds that the needs of the publicly funded mental health, developmental disability, and addictive disease system and the state can best be met through reorganizing the regional mental health, mental retardation, and substance abuse boards and certain functions of the Department of Human Resources. Further, the General Assembly finds that a comprehensive range of quality services and opportunities is vitally important to the existence and well-being of individuals with mental health, developmental disability, or addictive disease needs and their families. The General Assembly further finds that the state has an obligation and a responsibility to develop and implement planning and service delivery systems which focus on a core set of consumer oriented, community based values and principles which include, but are not limited to, the following:
(1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services; (2) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration; (3) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need; (4) Public programs are the foundation of the service planning and delivery system and they should be valued and nurtured; at the same time, while assuring comparable

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standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness; (5) Planning should reside begin at the local level, with the primary authority vested in and include local government, consumers, families, advocates, and other interested local parties; (6) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be emphasized for those disabilities which are known to be preventable; (7) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction; (8) The functions of service planning, coordination, contracting, resource allocation, and consumer assessment should be separated from the actual treatment, habilitation, and prevention services provided by contractors; (9) Consumers and families should have a single, community based point of entry into the system; (10) Consumers, staff, providers, and regional planning board and community service board members should receive ongoing training and education and should have access to key management resources such as information systems and technical and professional support services; and (11) The department is responsible for ensuring the appropriate use of state, federal, and other funds to provide quality services for individuals with mental health, developmental disabilities, or addictive disease needs who are served by the public system and to protect consumers of these services from abuse and maltreatment. (b) Local governments, specifically county governing authorities, have provided outstanding leadership and support for mental health, developmental disability, and addictive disease programs, and the General Assembly finds that their investments, both personal and capital, should be valued and utilized in any improved system. As such, the state and any new governing structure should take special precautions to ensure that the county governing authorities have an expanded level of input into decision making and resource allocation and that any services or programs should continue to use and expand their use of county facilities and resources wherever appropriate and possible. (c) The purpose of this chapter and Chapter 2 of this title is to provide for a comprehensive and improved mental health, developmental disability, and addictive disease services planning and delivery system in this state which will develop and promote the essential public interests of the state and its citizens. The provisions of this chapter and Chapter 2 of this title shall be liberally construed to achieve their purposes.
37-1-3. (a) There is created the Board of Behavioral Health which shall establish the general policy to be followed by the Department of Behavioral Health. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, with

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regard to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Board of Behavioral Health effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards.
37-1-4. (a) There is created a Department of Behavioral Health. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Department of Behavioral Health effective July 1, 2009. (b) There is created the position of commissioner of behavioral health. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. (c) There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department.
37-1-5. (a) The Department of Behavioral 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 Behavioral Health pursuant to Code Section 37-1-4 and shall further succeed to any rights,

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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 Behavioral Health pursuant to Code Section 37-1-4. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Behavioral Health by proper authority or as otherwise provided by law. (b) 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 Behavioral Health pursuant to Code Section 37-1-4 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 Behavioral Health. In all such instances, the Department of Behavioral Health shall be substituted for the Department of Human Resources, and the Department of Behavioral Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Behavioral Health pursuant to Code Section 37-1-4 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Behavioral Health in similar capacities, as determined by the commissioner of behavioral health. Such employees shall be subject to the employment practices and policies of the Department of Behavioral 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 Behavioral Health. (d) On July 1, 2009, the Department of Behavioral Health shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Behavioral Health pursuant to Code Section 37-1-4.
ARTICLE 2
37-1-20. (a) The Division of Mental Health, Developmental Disabilities, and Addictive Diseases shall be a division of the department and shall be managed by a director whose qualifications meet standards set by the board.

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(b) The department, through the division, shall: (1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (2) Direct, supervise, and control the medical and physical care, and treatment, and rehabilitation; recovery; and social, employment, housing, and community supports and services based on single or co-occurring diagnoses provided by the institutions, contractors, and programs under its control, management, or supervision; (3) Plan for and implement the coordination of mental health, developmental disability, and addictive disease services with physical health services, and the prevention of any of these diseases or conditions, and develop and promulgate rules and regulations to require that all health services be coordinated and that the public and private providers of any of these services that receive state support notify other providers of services to the same patients of the conditions, treatment, and medication regimens each provider is prescribing and delivering; (4) Ensure that providers of mental health, developmental disability, or addictive disease services coordinate with providers of primary and specialty health care so that treatment of conditions of the brain and the body can be integrated to promote recovery, health, and well-being; (3)(5) Have authority to contract for services with community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services, and choice of providers for consumers, and to comply with the applicable federal laws, rules, and regulations related to public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; and the United States government or the government of any other state; (4)(6) Establish and support programs for the training of professional and technical personnel as well as regional planning boards and community service boards; (5)(7) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health and addictive disease recovery; (6)(8) Assign specific responsibility to one or more units of the division department for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability; (7)(9) Establish a system for regional administration of mental health, developmental disability, and addictive disease services in institutions and in the community under the supervision of a regional coordinator; (8)(10) Make and administer budget allocations to regional offices of the division established by the board pursuant to Code Section 37-2-4.1 to fund the operation of

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mental health, developmental disabilities, and addictive diseases facilities and programs; (9)(11) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems; (10)(12) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; (11)(13) Disseminate information about available services and the facilities through which such services may be obtained; (12)(14) Supervise the regional office's exercise of its responsibility and authority concerning funding and delivery of disability services; (13)(15) Supervise the regional offices concerning the receipt and administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases; (14)(16) Supervise the regional offices concerning making administration of contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the division department and the regional offices; (15)(17) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the division department, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the division; department; (16) Classify 'community living arrangements' and 'host homes' for persons whose services are financially supported, in whole or in part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. As used in this Code section, the term:
(A) 'Community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage. (B) 'Host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the division. The division shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served

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or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person; and (17) Provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements. (c) The department shall: (1)(18) Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division commissioner regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; (19) With respect to housing opportunities for persons with mental illness and cooccurring disorders: (A) Coordinate the department's programs and services with other state agencies and housing providers; (B) Facilitate partnerships with local communities; (C) Educate the public on the need for supportive housing; (D) Collect information on the need for supportive housing and monitor the benefit of such housing; and (E) Identify and determine best practices for the provision of services connected to housing; (2)(20) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title; and (3)(21) Assign specific responsibility to one or more units of the division department for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs; and (4) Classify and license community living arrangements, as defined in paragraph (16) of subsection (b) of this Code section, in accordance with the rules and regulations promulgated by the department for the licensing of community living arrangements and the enforcement of licensing requirements. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 31-2-6 and 317-2.2. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued under this article is not assignable or transferable.

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37-1-21. (a) The department is designated and empowered as the agency of this state responsible for supervision and administrative control of: state facilities for the treatment of mental illness or the habilitation and treatment of individuals with developmental disabilities; state hospitals for the treatment of tubercular patients; programs for the care, custody, and treatment of addictive disease; and other facilities, institutions, or programs which now or hereafter come under the supervision and administrative control of the department. With respect to all such facilities, institutions, or programs the department shall have the following powers and duties:
(1) To create all necessary offices, appoint and remove all officers of such facilities, institutions, or programs, prescribe and change the duties of such officers from time to time, and fix their salaries as provided for by the pay plan covering positions under the State Merit System of Personnel Administration and in accordance with rules and regulations of the State Personnel Board, except that the commissioner shall not be subject to the State Merit System of Personnel Administration or the rules and regulations of the State Personnel Board. The department shall discharge and cause to be prosecuted any officer or other person who shall assault any patient in any of such facilities or institutions or who shall knowingly use toward any such patient any other or greater force than the occasion may require; (2) To refuse or accept and hold in trust for any such facility, institution, or program any grant or devise of land or bequest or donation of money or other property for the particular use specified or, if no use is specified, for the general use of such facility, institution, or program; (3) To bring suit in its name for any claims which any such facility or institution may have, however arising; (4) To appoint police of such facilities, institutions, or programs who are authorized, while on the grounds or in the buildings of the respective facilities, institutions, or programs to make arrests with the same authority, power, privilege, and duties as the sheriffs of the respective counties in which such facilities, institutions, or programs are situated. If because of the contagious or infectious nature of the disease of persons arrested facilities are not available for their detention, such police shall be authorized to confine such persons within the respective facilities, institutions, or programs pending trial as provided in other cases. After trial and conviction of any such person, he or she shall be sentenced to serve his or her term of sentence in the secured ward of the facility, institution, or program; and (5) To have full authority to receive patients ordered admitted to such facilities, institutions, or programs pursuant to any law, to receive any voluntary patients, to discharge such patients pursuant to law, to contract with patients or other persons acting on behalf of patients or legally responsible therefor, and in general to exercise any power or function with respect to patients provided by law. It is the intent of the General Assembly to provide always the highest quality of diagnosis, treatment, custody, and care consistent with medical, therapeutic, and habilitative evidence based practice and knowledge. It is the further intent of the General Assembly that

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the powers and duties of the department with respect to patients shall be administered by persons properly trained professionally for the exercise of their duties, consistent with the intention expressed in this Code section. (b) The board is empowered to prescribe all rules and regulations for the management of such facilities, institutions, and programs not conflicting with the law.
37-1-22. The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state financial participation in mental health, developmental disabilities, and addictive diseases programs.
37-1-23. The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department and the division are is directed to make the board's and the department's rules available for distribution.
37-1-24. No provision in this title shall require the department or any facility or private facility or any community service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function.
37-1-25. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department.
37-1-26. (a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce.

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37-1-27. (a) The General Assembly makes the following findings:
(1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the department. (c) The department, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the Division of Aging Services and Division of Family and Children Services of the Department of Human Services, the Department of Health, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the department in reviewing suicide death scene investigations; (7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external causes of injury; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and (11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall be provided staff to consist of a full-time coordinator, half-time data analyst/epidemiologist, and administrative support, all subject to available funding.

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ARTICLE 3
37-1-40. All rules and regulations of the Board of Human Resources Behavioral Health shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
ARTICLE 4
37-1-50. (a) No license, permit, or certificate or other similar right shall be revoked or suspended without opportunity for a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such hearing or appeal related thereto shall be conducted in accordance with such Act. (b) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member of the State Bar of Georgia in good standing.
37-1-51. Reserved.
37-1-52. Reserved.
37-1-53. Notwithstanding any other provision of law to the contrary, the department is authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interest of justice. This subsection shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167, 37-4-125, 37-4-126, 37-7166, and 37-7-167.
ARTICLE 5 Part 1

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37-1-70. As used in this chapter part, the term:
(1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a 'public mental health law.' (2) 'Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder.
37-1-71. The commissioner or the commissioner's delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the commissioner's delegate to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title.
37-1-72. (a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when he the judge is satisfied that the following conditions are met:
(1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this chapter part.
37-1-73. The inspection warrant shall be validly issued only if it meets the following requirements:
(1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced.

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37-1-74. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter part shall be competent as evidence in any criminal proceeding against any party.
Part 2
37-1-90. The Department of Human Resources Behavioral Health is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs.
Part 3
37-1-100. Any person violating the provisions of this title shall be guilty of a misdemeanor.
CHAPTER 2 ARTICLE 1
37-2-1. (a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or developmentally disabled including individuals with epilepsy, cerebral palsy, autism, and other neurologically disabling conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services. (b) It is the policy of this state to provide adequate mental health, developmental disability, addictive disease, and other disability services to all its citizens. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private. (c) It is the purpose of this chapter to enable and encourage the development of comprehensive, preventive, early detection, habilitative, rehabilitative, and treatment disability services; to improve and expand community programs for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the

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sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities. (d) The provisions of this chapter shall be liberally construed to achieve the objectives set forth in this Code section.
37-2-2. As used in this chapter, the term:
(1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse. (2)(1) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (2.1)(2) 'Community service board area' means an area inclusive of the counties which fall within the boundaries of a community service board as designated by the division department pursuant to subsection (b) of Code Section 37-2-3 for the establishment of a community service board. (2.2)(3) 'Community service board service area' means a community service board area and any other county or portion thereof in which the community service board provides services. (3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in this Code section. (4) 'Council' means the Behavioral Health Coordinating Council established pursuant to Code Section 37-2-4. (4) 'Developmental disability' includes mental retardation and other neurologically disabling conditions, including epilepsy, cerebral palsy, and autism, which require treatment similar to that for individuals with mental retardation. (5) 'Director' means the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (6) 'Disability' means:
(A) Mental or emotional illness; (B) Developmental disability; or (C) Addictive disease. (7) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (8) 'Disabled' means any person or persons having a disability. (9) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. (5) 'Health services' means any education or service provided by the Department of Health or by the Department of Human Services, either directly or by contract. (10)(6) 'Hospital' means a state owned or state operated facility providing services which include, but are not limited to, inpatient care and the diagnosis, care, and treatment or habilitation of the disabled. Such hospital may also provide or manage state owned or operated programs in the community.

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(11) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (12) 'Regional office' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources office created pursuant to Code Section 37-2-4.1. Such office shall be an office of the division which shall serve as the entity for the administration of disability services in a region. (13) 'Regional planning board' means a regional mental health, developmental disabilities, and addictive diseases board established in accordance with Code Section 37-2-4.1.
37-2-2.1. The Department of Human Resources shall have a Division of Mental Health, Developmental Disabilities, and Addictive Diseases.
37-2-3. (a) The board shall designate boundaries for mental health, developmental disabilities, and addictive diseases regions and may modify the boundaries of such regions from time to time as deemed necessary by the board. (b) The division department, with the approval of the commissioner, shall designate community service board areas, which shall serve as boundaries for the establishment of community service boards within this state for the purpose of delivering disability services. The division department shall be authorized to initiate the redesignation of such community service board area boundaries and may consider requests from a county or group of counties or a community service board or a group of community service boards for recommended changes to the boundaries of the community service board areas. The division department, with the approval of the commissioner, is authorized to redesignate two or more contiguous community service board areas as a single community service board area upon the request of the community service boards serving such areas; and, if so authorized, the assets, equipment, and resources of such community service boards shall become the assets, equipment, and resources of the reconstituted community service board serving the successor single board area. It is the intent of the General Assembly not to limit a community service board to serving only those counties within the boundaries of its community service board area. (c) To the extent practicable, the boundaries for regional planning boards and offices and community service areas shall not subdivide any county unit or conflict with any districts established by the department Department of Health and the state relating to the planning for, or delivery of, health services. In dividing the state into areas, the board, and the department, and the division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the

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existence of facilities and personnel available in the areas for the delivery of disability services.
37-2-4. (a) The Governor shall appoint, fund, and provide staff assistance to a Governor's Advisory Council for Mental Health, Developmental Disabilities, and Addictive Diseases, referred to in this chapter as the 'Governor's council.' The Governor's council shall consist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disability groups. The term of each member of the Governor's council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The director shall be an ex officio, nonvoting member. There is created the Behavioral Health Coordinating Council. The council shall consist of the commissioner of behavioral health; the commissioner of health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; an adult consumer of public behavioral health services, appointed by the Governor; a family member of a consumer of public behavioral health services, appointed by the Governor; a parent of a child receiving public behavioral health services, appointed by the Governor; a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a member of the Senate, appointed by the Lieutenant Governor. (b) The Governor's council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability services programs. The Governor's council shall review and prepare written comments on proposed state plans and on standards, rules, and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner, and to any other individual or agency deemed appropriate. The Governor's council shall further receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or grievances. The Governor's council shall also provide guidance and assistance to the regional planning boards, hospitals, community service boards, and other private or public providers in the performance of their duties. (b) The commissioner of behavioral health shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the council's bylaws.

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(c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days' public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent. (d) Except as otherwise provided in this Code section, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council. (e) The council shall:
(1) Develop solutions to the systemic barriers or problems to the delivery of behavioral health services by making recommendations that implement funding, policy changes, practice changes, and evaluation of specific goals designed to improve services delivery and outcome for individuals served by the various departments; (2) Focus on specific goals designed to resolve issues for provision of behavioral health services that negatively impact individuals serviced by at least two departments; (3) Monitor and evaluate the implementation of established goals; and (4) Establish common outcome measures. (f)(1) The council may consult with various entities, including state agencies, councils, and advisory committees and other advisory groups as deemed appropriate by the council. (2) All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council. (g) The council shall be attached to the Department of Behavioral Health for administrative purposes only as provided by Code Section 50-4-3. (h)(1) The council shall submit annual reports of its recommendations and evaluation of their implementation to the Governor and the General Assembly. (2) The recommendations developed by the council shall be presented to the board of each member department for approval or review at least annually.

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(i) For purposes of this Code section, the term 'behavioral health services' has the same meaning as 'disability services' as defined in Code Section 37-1-1.
37-2-4.1. (a) The division department shall create regional mental health, developmental disabilities, and addictive diseases offices. The number of these offices may be modified from time to time as deemed necessary by the division department. (b) The division department shall create a separate regional mental health, developmental disabilities, and addictive diseases planning board for each regional office established under subsection (a) of this Code section. Each board shall provide and facilitate coordinated and comprehensive planning for its region in conformity with minimum standards and procedures established by the division department. Each board shall be designated with such identifying words before the term 'regional mental health, developmental disabilities, and addictive diseases planning board' as that regional planning board may, from time to time, choose and designate by official action. (c) The powers, functions, obligations, and duties of the regional mental health, mental retardation, and substance abuse boards as they existed on June 30, 2002, are transferred to the department. The department shall succeed to all rights, privileges, entitlements, contracts, leases, agreements, and other transactions of the regional boards which were in effect on June 30, 2002, and none of those rights, privileges, entitlements, contracts, leases, agreements, and other transactions shall be impaired or diminished by reason of such transfer. In all such instances, the department shall be substituted for such regional board and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.
37-2-5. (a) Each regional planning board shall engage in disability services planning within its region and shall perform such other functions as may be provided or authorized by law. (b) Membership on the regional planning board within an established region shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; and (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or business person with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one

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appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services. (b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the local board of education, or any other elected or appointed official to serve on the regional planning board, provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on a community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45. (b.2)(1) A person shall not be eligible to be appointed to or serve on a regional planning board if such person is:
(A) A member of the community service board which serves that region; or (B) An employee or board member of a private or public entity which contracts with the department, through the division, the Department of Human Services, or the Department of Health to provide health, mental health, developmental disabilities, or addictive diseases services within the region; or (C) An employee of such regional office or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from such regional office. ;or (D) An employee or board member of the department, the Department of Human Services, or the Department of Health. (2) A person shall not be eligible to be appointed to or serve on a regional planning board if such person's spouse, parent, child, or sibling is a member of that regional planning board or a member, employee, or board member specified in subparagraph (A), (B), or (C) of paragraph (1) of this subsection. No person who has served a full term or more on a regional board or regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person served on the regional board or the regional planning board. No person who has served on a regional board and who becomes a member of a regional planning board on June 30, 2002, may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (c) In making appointments to the regional planning board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional planning board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association of Georgia, Georgia

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ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates.
(d)(1) In addition, members of the regional mental health, mental retardation, and substance abuse boards in office on June 30, 2002, shall become members of the regional planning board for the area in which they reside on July 1, 2002, and shall serve out the balance of their terms. (2) The initial term of a new member of a regional planning board shall be determined by the commissioner in order to establish staggered terms on the board. At such time as the terms of the members of the board are equally staggered, the term of a member of the regional planning board shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional planning board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity or such other reasonable condition as the regional planning board may impose under its bylaws. Vacancies on the regional planning board shall be filled in the same manner as the original appointment. (e) Prior to August 1, 2002, each regional planning board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered terms of the board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chairperson and vice chairperson of the regional planning board shall be elected from among the members of the board to serve a term of one year with the option of reelection for an additional oneyear term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. Prior to their adoption by the regional planning board, the bylaws shall be submitted to the division department for review and approval. The regional planning board must have the written approval of the director of the division commissioner prior to the adoption of bylaws. (f) The regional planning board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional planning board. (g) Each member of the regional planning board may, upon approval of the regional coordinator, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier. (h) Each regional planning board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six

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members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section.
37-2-5.1. (a) Each region shall be served by a regional coordinator, who shall be duly qualified and appointed by the director of the division commissioner. The regional coordinator shall serve as the supervisor of the regional office, which shall be a unit of the division department. The regional coordinator shall serve at the pleasure of the division director commissioner. The director of the division commissioner shall be authorized to appoint an interim regional coordinator at any time that the position of regional coordinator is vacant and prior to the appointment of a duly qualified and approved successor. (b) The regional coordinator may appoint such other staff including a regional services administrator and a regional state hospital administrator and personnel to work for the regional office as the division department deems necessary and appropriate. The regional coordinator and such staff and personnel shall be employees of the division department. Expenses for the regional office and planning board, the employment of the regional coordinator, other staff and personnel, and the operation of the regional office shall be funded by the division department as funds are appropriated by the General Assembly. The department and the division shall impose limits on the administrative and operating expenditures of the regional office and planning board.
(c)(1) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. All funds associated with services to clients residing within a given region shall be managed through the division department; the term 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The division department shall establish a funding amount for regions conditioned upon the amount of funds appropriated. The funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region. (2) The division department shall establish guidelines to ensure that regions receive such funding based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division department shall ensure that funds are managed based primarily on services to clients and in compliance with all federal, state, and regulatory requirements. (3) The division department, in compliance with the provisions of the General Appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the division department shall develop appropriate allocation and accounting mechanisms to move

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funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization.
37-2-5.2. (a) Under the supervision of the division department, each regional office shall have the following duties and functions:
(1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, its regional planning board, and appropriate advisory and advocacy groups, an annual plan for the funding and provision of all disability services in the region. The plan shall be submitted to the division department at a time and in the manner specified by the division department so as to ensure that the plan is a basis for the annual appropriations request; (2) To provide, as funds become available, for consumer assessment and service authorization and coordination for each consumer receiving services within the region; (3) To exercise responsibility and authority as specified in this chapter within the region in all matters relating to the funding and delivery of disability services; (4) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disability, and addictive disease services; (5) To enter into contracts on behalf of the division department with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to enter into all contracts on behalf of the division department necessary or incidental to the performance of duties and functions of the division department and regional office; (6) To encourage the development, in cooperation with the division department, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region; (7) To serve as the representative of the citizens of the area in regard to disability services; (8) To receive and consider complaints and grievances submitted by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution, through processes which may include impartial mediation and alternate dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service; (9) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; (10) To visit regularly disability services facilities and programs which serve the region in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the division department, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; and

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(11) To participate with other regional offices and planning boards, the division, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities:
(A) To work cooperatively with all units of county and local government, including the county boards of health, within the region; (B) To establish goals and objectives, not inconsistent with those established by the division and the department, for its region; and (C) To participate in the establishment and operation of a data base and network, coordinated by the division department, to serve as a comprehensive management information system for disability services and programs. (b) It is the express intent of this chapter to confer upon the regional offices as the administrative entities of the division department the flexibility and authority necessary to enter into contracts on behalf of the division department with a wide range of public and private providers to ensure that consumers are afforded cost-effective, locally based, and quality disability services. Under the supervision of the division department, regional offices are specifically authorized to enter into contracts on behalf of the division department directly with any county governing authority, any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. (c) Each regional office shall account for all funds received, expended, and administered and shall make reports to the division department and to the Department of Human Services regarding the funds received from each such department. The audit of such activity shall be part of the annual audit of the appropriate department.
37-2-6. (a) Community service boards in existence on June 30, 2006, are re-created effective July 1, 2006, to provide mental health, developmental disabilities, and addictive diseases services. Such Effective July 1, 2009, such community service boards may enroll and contract with the department, the Department of Human Services, or the Department of Health to become a provider of mental health, developmental disabilities, and addictive diseases services or health services. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The re-creation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply

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to those re-created community service boards and their employees covered by that Code section and those employees' rights are retained. (b) Each community service board shall consist of members appointed by the governing authorities of the counties within the community service board area. Membership on such community service board shall be determined as follows:
(1)(A) The governing authority of each county within the community service board area:
(i) With a population of 50,000 or less according to the most recent United States decennial census shall appoint one member to the board; and (ii) With a population of more than 50,000 according to the most recent United States decennial census shall appoint one member for each population increment of 50,000 or any portion thereof; or (B) In the event that the number of community service board member positions established in accordance with subparagraph (A) of this paragraph would exceed 13, the membership of such community service board pursuant to this subsection shall be appointed as follows and the bylaws shall be amended accordingly: (i) For community service boards whose community service board area contains 13 or fewer counties, the board shall be set at 13 members and appointments to the board shall be made by the governing authority of each county within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census and this method shall be repeated until all 13 members of the community service board are appointed. If a county governing authority fails to make an appointment within a reasonable time, the next descending county by population shall make an appointment and the method shall continue; and (ii) For community service boards whose community service board area contains more than 13 counties, one member of the community service board shall be appointed by the governing authority of each county within the community service board area, so that the number of members on the board is equal to the number of counties in the community service board area. The county governing authority shall appoint as at least one of its appointments a consumer of disability services, a child psychiatrist, a family member of a consumer, an advocate for disability services or for health services, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases or health services; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (2) In addition to the members appointed pursuant to paragraph (1) of this subsection, each community service board may appoint up to three additional members in order to address variation in the population sizes of counties or the financial contributions of counties within the community service board area or may authorize the elected chief executive officer of a county governing authority, by whatever name called, or an

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elected member of that county governing authority to serve on the community service board while holding such elective office. The bylaws of the community service board shall address the number of such additional members, if any, and the purpose or purposes for which such positions are created. The term of office of such additional members shall be the same as that of other members as provided in subsection (h) of this Code section; except that the term of office of a member in a position created to authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board shall be the same term of office as the elective term of office of said chief executive officer or said member of that county governing authority; (3) Each community service board in existence on June 30, 2006, shall reconstitute its membership in accordance with the provisions of paragraphs (1) and (2) of this subsection, effective July 1, 2006, as follows:
(A) A community service board which increases or reduces the number of its members in accordance with paragraphs (1) and (2) of this subsection shall revise its bylaws adopted in accordance with subsection (h) of this Code section to reflect such increases or reductions. A community service board which reduces the number of its members shall designate which position or positions are to be eliminated and shall make reasonable efforts to eliminate any position or positions of members whose terms expire on or before June 30, 2006; provided, however, that members serving on a community service board whose terms do not expire on or before June 30, 2006, shall continue to serve out the terms of office to which they were appointed, regardless of whether this causes a board to temporarily exceed the maximum number of members. Any additional positions created in conformity with such paragraphs (1) and (2) may be filled on July 1, 2006, and the governing authority of a county that is otherwise authorized to appoint such additional community service board member or members may do so no sooner than May 1, 2006, but any person so appointed shall not take office until July 1, 2006. If a position on such community service board is not filled on July 1, 2006, a vacancy in that position shall be deemed to have occurred on that date. A community service board is authorized to make whatever changes necessary in the terms of office of its members in order to achieve the staggering of terms required by subsection (h) of this Code section; and (B) The term of office of an ex officio, voting member of a community service board holding membership on June 30, 2006, shall expire on June 30, 2006; and (4)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division department, the Department of Human Services, or the

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Department of Health to provide mental health, developmental disabilities, and addictive diseases services or health services within the region; or (iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (B) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (5) A community service board created in accordance with this subsection shall reconstitute its membership in conformity with the most recent United States decennial census in accordance with subparagraph (d)(2)(C) of Code Section 1-3-1. (b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (1) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources (now known as the Department of Behavioral Health for these purposes) or an employee of a county board of health may shall not serve on a community service board. For terms of office which begin July 1, 2009, or later, an employee of the department, the Department of Human Services, or the Department of Health or a board member of the respective boards of each department shall not serve on a community service board. (c) In making appointments to the community service board, the county governing authorities shall ensure that such appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the community service board area and county populations. The county governing authorities are further encouraged to ensure that each disability group is and consumers of health services are represented on the community service board, and in making such appointments the county governing authorities may consider suggestions from clinical professional associations as well as advocacy groups. For the purposes of this subsection, 'advocacy groups' means any organizations or associations that advocate for, promote, or have an interest in disability services or health services and are exempted as a charitable organization from federal income tax pursuant to Section

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501(c) of the Internal Revenue Code; provided, however, that 'advocacy groups' shall not mean paid providers of disability services or health services. (c.1) A county governing authority in making appointments to the community service board shall take into consideration that at least one member of the community service board is an individual who is trained or certified in finance or accounting; provided, however, if after a reasonable effort at recruitment there is no person trained or certified in finance or accounting within the community service board area who is willing and able to serve, the county governing authority may consider for appointment any other person having a familiarity with financial or accounting practices. (d) Each county in which the governing authority of the county is authorized to appoint members to the community service board shall participate with the board in the operation of the program through the community service board. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of the mental health, developmental disabilities, and addictive diseases service areas in existence on June 30, 2006, shall continue to exist along with the new powers granted to the community service boards effective July 1, 2006. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if:
(1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health) of the former Department of Human Resources before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts adopted a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits submitted a copy of such resolution to the former division before July 1, 1993; or
(2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health) of the former Department of Human Resources on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits submitted a written agreement to the former division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be was submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts adopted a resolution stating its desire to continue the

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provision of disability services through such lead county board of health after July 1, 1994, and submits submitted a copy of that resolution to the former division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) Each community service board shall adopt bylaws and operational policies and guidelines in conformity with the provisions of this chapter. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services or of health services and family members of consumers constitute no less than 50 percent of the board members appointed pursuant to subsection (b) of this Code section, and a mechanism for ensuring equitable representation of the various disability groups and health services. A quorum for the transaction of any business and for the exercise of any power or function of the community service board shall consist of a majority of the total number of filled board member positions appointed pursuant to subsection (b) of this Code section. A vote of the majority of such quorum shall be the act of the governing board of the community service board except where the bylaws of the community service board may require a greater vote. The regular term of office for each community service board member shall be three years. Vacancies on such board shall be filled in the same manner as the original appointment. For the purposes of this

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subsection, 'equitable representation of the various disability and health service groups' shall mean that consumers and family members of such consumers who constitute no less than 50 percent of the board members holding membership pursuant to subsection (b) of this Code section shall be appointed so as to assure that an equal number of such members to the fullest extent possible represents mental health, developmental disabilities, and addictive diseases interests and the interests of consumers of health services. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six and no more than 13 members, not including any additional members appointed pursuant to paragraph (2) of subsection (b) of this Code section, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No officer or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (6) (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (l) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such member's resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office:

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STATE OF GEORGIA COUNTY OF __________ I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a member of the _______________________ Community Service Board to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and this state.

_____________________ Signature of member of
____________________ Community Service Board

Sworn and subscribed before me this ______ day of ______________, ____. (SEAL)

_____________________ Typed name of member of ____________________ Community Service Board

37-2-6.1. (a) Each community service board shall employ an executive director to serve as its chief executive officer who shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability and health services. The community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and

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that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, for as so long as and to the extent that each employee of such board who is a covered employee as defined in Code Section 45-20-2 and is subject to the rules and regulations of the State Merit System of Personnel Administration remains in a covered position or as otherwise provided by law; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services or of health services; (9) Each community service board may establish fees for the provision of disability services or health services according to the terms of contracts entered into with the

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department, Department of Human Resources Services, and the or Department of Community Health, as appropriate; (10) Each community service board may accept appropriations, loans of funds, facilities, equipment, and supplies from local governmental entities in the counties where the community service board provides services; (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, such reimbursement shall not exceed the rates and allowances set for state employees by the Office of Planning and Budget or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership. The members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected and qualified. No member shall hold more than one office of the community service board; except that the same person may serve as secretary and treasurer. The bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; (15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services or of health services through the Department of Health, in accordance with the terms of contracts entered into with the department, Department of Human Services, or Department of Health, as appropriate; (16) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be

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used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner; (17) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and (18) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services or of health services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services or of health services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. (e) A community service board does shall not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following: (1) Disability services or health services; (2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (16) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the community service board's agreements with the county or municipal corporation providing such conveyance or lease.

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(i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually. (j) A community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof, if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof; provided, however, that no funds provided pursuant to a contract between the department, Department of Human Services, or Department of Health and the community service board may be used in the formation or operation of the nonprofit corporation, limited liability company, or other nonprofit entity. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. (k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed. (l) A community service board may join or form and operate, either directly or indirectly, one or more networks of community service boards, disability or health service professionals, and other providers of disability services or health services to arrange for the provision of disability services or health services through such networks; to contract either directly or through such networks with the Department of Community Health to provide services to Medicaid beneficiaries; to provide disability services or health services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other disability or health services related managed care activities. For purposes of this subsection only and notwithstanding Code Section 33-3-3 or any other provision of law, a community service board shall be permitted to and shall comply with the requirements of Chapter 20A of Title 33 to the extent that such requirements apply to the activities undertaken by the community service board or by a community service board under this subsection or subsection (j) of this Code section. No community service board, whether or not it exercises the powers authorized by this subsection, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. Any licensed health care provider shall be eligible to apply to become a participating provider under such a plan or network that provides coverage for health care, or disability services, or health services which are within the lawful scope of the provider's license, but nothing in this Code section shall be construed to require any such plan or network to provide coverage for any specific health care, or disability service, or health service.

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37-2-6.2. (a)(1) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of a community service board on July 1, 1994, shall become employees of the applicable community service boards on and after July 1, 1994. Such employees shall be subject to the employment practices and policies of the applicable community service board on and after July 1, 1994. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to a community service board 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, 1994, 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, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees' Retirement System of Georgia, such employees transferred to the community service boards on July 1, 1994, shall be deemed to be state employees. Accrued annual and sick leave possessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits as a member of a community service board pursuant to this subsection and who later becomes employed, without any break in service, by the division department, Department of Human Services, or Department of Health, a hospital thereof, another community service board, a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who is employed on June 30, 1994, by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health) of the former Department of Human Resources, a hospital thereof, a county board of health for which such person provides services pursuant to this title, or a regional board and who later becomes employed, without any break in service, by a community service board. (2) Classified employees of a community service board under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration. (3) All rights, credits, and funds in the Employees' Retirement System of Georgia which are possessed by personnel transferred by provisions of this Code section to the community service boards are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the community service boards.
(b) As to those persons employed by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of

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Behavioral Health) of the former Department of Human Resources, a hospital thereof, or a regional board on June 30, 1994, any termination from state employment after that date of any such person who is a member of the classified service shall not result from the anticipated or actual employment or utilization by:
(1) The department; (2) A regional board; (3) A community service board; (4) A hospital; or (5) The Department of Human Services; (6) The Department of Health; or (5)(7) Any private provider of disability services or health services of any person who is not an employee of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department, the Department of Human Services, or the Department of Health for the services which had been provided by the terminated state personnel.
37-2-6.3. (a) A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section 37-2-11.1. (b) A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from suit, may be sued in its own name. The state and the counties in which the community service board operates shall not be considered a party to or liable under any such litigation. (c) Debts, obligations, and liabilities of a community service board are not, debts, obligations, or liabilities of the state or of the counties in which such board operates. A community service board is prohibited from entering into debts, obligations, or liabilities which are also debts, obligations, or liabilities of the state or of any county.
37-2-6.4. (a) Notwithstanding any other provisions of this chapter, a community service board may reconstitute or convert its organizational structure in the following ways:
(1) With the approval of the governing board of the community service board and the approval of the county governing authorities of the counties served by the community service board, the community service board may convert to a private nonprofit corporation. So long as the reconstituted organization continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Health, as appropriate, such organization shall be authorized to retain the use of assets, equipment, and resources purchased with state and federal funds by the former community service board. In the event the new private nonprofit fails to serve such public purpose, those assets, equipment, and resources purchased by the

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former community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Health, as appropriate, or to an agency designated by the such department. For a period of three years following the community service board's conversion to a private nonprofit corporation, the private nonprofit corporation shall ensure that consumers of disability services or health services, as appropriate, and family members of such consumers constitute a majority of the appointed board members and that the various disability groups and health services groups are equitably represented on the board of the nonprofit corporation; (2) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may convert to a unit of county government. All assets, equipment, and resources of the community service board shall be transferred to the new unit of county government; or (3) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may become a component part of a hospital authority in those counties served by the community service board. So long as the hospital authority continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Health, as appropriate, the hospital authority shall be authorized to retain possession of those assets, equipment, and resources purchased by the community service board with state and federal funds. In the event the hospital authority fails to serve such public purpose, those assets, equipment, and resources purchased by the community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Health, as appropriate, or to an agency designated by the such appropriate department or departments. (b) In the event that all county governing authorities of a community service area designated pursuant to subsection (b) of Code Section 37-2-3 concur that a community service board reconstituted pursuant to subsection (a) of this Code section has failed to provide disability services or health services as required, those county governing authorities may request that the division department coordinate the formation of a new community service board pursuant to Code Section 37-2-6. Upon notification of the request, the division department shall assist the county governing authorities in making appointments to the new community service board and establishing bylaws pursuant to Code Section 37-2-6. The division department shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor agency. To the extent that the community service board was providing disability services or health services through the Department of Human Services or the Department of Health, such department or departments shall provide to the Department of Behavioral Health all documents, data, information, and consultation necessary or helpful to the formation of the new

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community service board and the determination and disposition of assets, equipment, and resources of the community service board.
37-2-6.5. (a) By joint action of the membership of a community service board created pursuant to Code Section 37-2-6 and the governing authority of each county within the community service board area, such community service board may cease operations; provided, however, such community service board shall notify the commissioner at least 90 days in advance of the meeting of the community service board in which such action is to be taken. Such joint action shall indicate the date on which the community service board shall cease operations. (b) Upon receipt of notification that a community service board intends to cease operations, the commissioner shall notify the chairperson and executive director of such community service board and the governing authority of each county within the community service board area of such board that:
(1) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board in accordance with the provisions of paragraph (1) of subsection (c) of Code Section 37-2-10 until the division department shall determine:
(A) That such community service board should continue in operation, provided one or more members appointed to such board in accordance with subsection (b) of Code Section 37-2-6 shall be removed in accordance with subparagraph (c)(3)(H) of Code Section 37-2-10, and the division department, acting on behalf of the membership of the community service board, nominates a successor to a removed member and advises the county governing authority that appointed such removed member to appoint a successor; (B) That all of the members of such community service board appointed in accordance with subsection (b) of Code Section 37-2-6 shall be removed and such community service board shall be reconstituted; and that the division department shall assist the county governing authorities in making appointments to the new community service board; or (C) In the case where the membership of such community service board is the membership of a county board of health designated in accordance with Code Section 31-3-12.1 or subsection (e) of Code Section 37-2-6, that the entire membership of the community service board should be removed and the membership of the community service board be reconstituted in accordance with subsection (b) of Code Section 37-2-6; (2) The division department, with the approval of the commissioner, intends to redesignate the boundaries of the community service board area served by such board pursuant to paragraph (1) of subsection (b) of Code Section 37-2-3 by expanding the boundaries of an adjacent community service board area served by another community service board to include the counties in the community service board area served by the community service board that intends to cease operations so that the

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community service board serving such adjacent area may assume responsibility for the provision of disability services within such counties; (3) The department intends to request pursuant to Code Section 31-3-12.1 that the governing authority of a county within the community service board area of such board authorize the membership of the board of health of such county to serve as the membership of such community service board; or (4) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board until such time as arrangements can be made to secure one or more alternate service providers to assume responsibility for the provision of services previously provided by the community service board. (c) If a community service board ceases operation and is succeeded by another community service board pursuant to paragraph (2), a county board of health pursuant to paragraph (3), or a manager or management team pursuant to paragraph (4) of subsection (b) of this Code section, the division department shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor community service board. (d) If a community service board ceases operation and one or more alternate service providers assume responsibility for the provision of services previously provided by the community service board pursuant to paragraph (4) of subsection (b) of this Code section, the department shall petition the superior court of the county in which the principal office of that community service board was located for appointment of a receiver of the assets of the community service board for the protection of the board's creditors and the public. The receiver shall be authorized to marshal and sell or transfer assets of the board, and, after payment of the costs, expenses, and approved fees of the proceeding, to pay the liabilities of the community service board. The court shall then decree that the board be dissolved. Upon completion of the liquidation, any surplus remaining after paying all costs of the liquidation shall be distributed, as determined by the court, to the agencies, entities, or providers providing disability services in the community service board area formerly served by the community service board which ceased operations. At no time shall any community service board upon ceasing operations convey any of its property, except as may be otherwise authorized by a superior court in this subsection, to any private person, association, or corporation.
37-2-7. (a) The division department shall formulate and publish biennially a state plan for disability services which shall take into account the disability services plans submitted by the regional offices as required by Code Section 37-2-5.2. The state disability services plan shall be comprehensive and shall include public and private institutional and community services to the disabled. In developing the state plan, the division department shall request input from the regional offices and planning boards, the community service boards, hospitals, and other public and private providers. The plan

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shall include an overview of current services and programs and shall also present information on future program, service, educational, and training needs. (b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure continuity of care and treatment for persons receiving such services. (c) The plan shall further set forth the proposed annual budget of the division department and the regions. (d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governor's council, the regional planning boards, the hospitals, the community service boards, and any other public or private provider requesting a copy of the plan. (e) At such time as the state plan is submitted, the division department shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division department in coordinating services in accordance with Code Section 37-29.
37-2-8. Reserved.
37-2-9. To the maximum extent possible, disability services provided by the division department and the regional offices, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public.
37-2-9.1. (a) Each regional planning board and community service board shall comply with the provisions of 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, except where records or proceedings are expressly made confidential pursuant to other provisions of law. (b) Each regional office and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance.
37-2-10. (a) Notwithstanding any other provisions of the law, the director commissioner with the concurrence of the commissioner and the Governor is authorized to establish and

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administer community programs on an emergency basis in the event one or more community service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the division department or substantially breach their contracts with the department pursuant to this chapter. (b) Upon notification by a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the director commissioner, with concurrence of the commissioner and the Governor, may:
(1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the programs shall become department programs; the department shall acquire the assets of the community service board; and the community service board employees shall become employees of the department; or (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated by the community service board and the employees for such programs shall remain community service board employees. (c)(1) Notwithstanding any other provisions of the law, in extenuating circumstances, the director commissioner with the concurrence of the commissioner and the Governor is authorized to appoint a manager or management team to manage and operate the programs and services of the community service board if the director commissioner finds that the community service board:
(A) Provides notice pursuant to Code Section 37-2-6.5 that such board intends to cease operations; (B) Intentionally, recklessly, or negligently failed to discharge its duties pursuant to a contract with the department; (C) Misused state or federal funds; (D) Engaged in a fraudulent act, transaction, practice, or course of business; (E) Endangered the life, safety, or health of a consumer served by the community service board; (F) Failed to keep fiscal records and maintain proper control over its assets; (G) Failed to respond to a substantial deficiency in a review or audit; (H) Otherwise substantially failed to comply with this chapter or the rules or standards of the department or division; or (I) No longer has the fiscal ability to continue to provide contracted services and, without the intervention of the department, continued provision of disability services or health services to consumers in the service area is in immediate jeopardy.

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(2) In order to carry out the provisions of paragraph (1) of this subsection, the director commissioner shall give written notice to the community service board regarding the appointment of a manager or management team and the circumstances on which the appointment is based. The director commissioner may require the community service board to pay costs incurred by the manager or management team. (3) Subject to the determination of the director commissioner, a manager or management team appointed pursuant to this subsection may:
(A) Evaluate, redesign, modify, administer, supervise, or monitor a procedure, operation, or the management of the community service board; (B) Hire, supervise, discipline, reassign, or terminate the employment of an employee of the community service board; (C) Reallocate the resources and manage the assets of the community service board; (D) Require that a financial transaction, expenditure, or contract for goods and services be approved by the manager or management team; (E) Redesign, modify, or terminate a program or service of the community service board; (F) Direct the members of the community service board, the executive director, chief financial officer, or any other administrative or program manager to take an action; (G) Exercise a power, duty, authority, or function of the community service board as authorized by this chapter; (H) Recommend to the director commissioner the removal of a member or the executive director of the community service board; and the provisions of any law to the contrary notwithstanding, the director commissioner may remove such member or executive director from office; and (I) Report at least monthly to the director commissioner on actions taken. (4) A manager or management team appointed pursuant to this subsection may not use or dispose of any asset or funds contributed to the community service board by the governing authority of a county or municipal corporation without the approval of such governing authority. (5) If a manager or management team is appointed pursuant to this Code section, the department may: (A) Upon a determination that the conditions that gave rise to the appointment of a manager or management team pursuant to this subsection have been met and that such manager or management team is no longer necessary, terminate the authority delegated to such manager or management team and restore authority to the community service board to manage and operate the services and programs of the community service board; or (B) Operate and manage the programs of the community service board until such time as arrangements can be made to secure one or more alternative service providers to assume responsibility for the provision of services previously provided by the community service board. If this option is exercised, the department shall

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petition the appropriate superior court for appointment of a receiver pursuant to subsection (d) of Code Section 37-2-6.5. (6) Nothing in this subsection shall be construed to prohibit the department from canceling a contract with a community service board.
37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division department and the regional offices shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division. (b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the division department, shall be reported to the division department and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services; provided, however, that income to a community service board derived from fees may be used to further the purposes of such community service board as found in Code Section 37-3-6.1, subject to appropriations. The division department shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The division department shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the division department; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources. (c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay; provided, however, unless otherwise prohibited by law or contract, providers of disability services may deny nonemergency disability services to any person who is able to pay, but who refuses to pay. The division department shall develop a state-wide sliding fee scale for the provision of disability services and shall promulgate standards that define emergency disability services and refusal to pay.
37-2-11.1. (a) Venue for the purpose of any action against a community service board shall be the county in which the principal office of the community service board is located. For purposes of this Code section, 'principal office' shall be defined as the facility which

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houses the executive director or other such top administrator for the community service board. (b) In any legal proceeding, a regional planning board or the regional office shall be considered a unit of the division department and shall be afforded the assistance of legal counsel from the Attorney General.
(c)(1) The community service boards shall be public bodies but shall not be considered agencies of the state or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board. Notwithstanding any provisions of law to the contrary, and regardless of any provisions of law which grant employees of the community service boards benefits under programs operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees. (2) A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the community service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, defense, and insuring of members and employees of public bodies.
37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the department, the Department of Human Resources Services, the Department of Health, or a regional office shall be required to provide the department or the appropriate regional office or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the department, the Department of Human Resources Services, or the Department of Health or pursuant to the provisions of this title. (b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department, the Department of Human Services, the Department of Health, or any regional office unless otherwise specifically authorized by law. (c) The community service board shall maintain a clinical record for each consumer receiving treatment or habilitation services from such board. The treatment of clinical records of consumers in receiving services for mental illness shall be governed by the provisions of Code Section 37-3-166. The treatment of clinical records of consumers receiving habilitation services for developmental disabilities shall be governed by the provisions of Code Section 37-4-125. The treatment of clinical records of consumers in

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treatment for addictive diseases shall be governed by the provisions of Code Section 37-7-166."
SECTION 3-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Behavioral Health":
(1) Code Section 15-11-73, relating to juvenile traffic offenses; (2) Code Section 15-11-152, relating to ordering an evaluation of a child's mental condition; (3) Code Section 16-7-83, relating to persons convicted or under indictment for certain offenses; (4) Code Section 16-11-129, relating to license to carry pistol or revolver; (5) Code Section 17-7-130, relating to proceedings upon plea of mental incompetency to stand trial; (6) Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency at time of crime; (7) Code Section 26-4-5, relating to definitions relative to the "Georgia Pharmacy Practice Act"; (8) Code Section 33-24-28, relating to termination of coverage of dependent child upon attainment of specified age; (9) Code Section 37-3-146, relating to education of children undergoing treatment in a facility for persons who are mentally ill; (10) Code Section 37-3-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (11) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (12) Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys relating to habilitation of mentally retarded persons; (13) Code Section 37-5-4, relating to applicability of the "Community Services Act for the Mentally Retarded"; (14) Code Section 37-5-7, relating to duty of the Department of Human Resources to provide consulting and financial assistance to county boards of health; (15) Code Section 37-7-3, relating to coordination of state drug and alcohol abuse programs; (16) Code Section 37-7-146, relating to education of children undergoing treatment in a facility for persons who are alcoholics, drug dependent individuals, or drug abusers; (17) Code Section 37-7-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (18) Code Section 40-5-82, relating to administration of the Driver Improvement Program;

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(19) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board; (20) Code Section 42-8-35.3, relating to conditions of probation for stalking or aggravated stalking; (21) Code Section 42-9-41, relating to duty of the State Board of Pardons and Paroles to obtain and place in records information respecting persons subject to relief or placed on probation; (22) Code Section 43-12A-5, relating to provider centers that engage in the practice of providing, installing, or monitoring ignition interlock devices not to operate under any name deceptively similar to another business; (23) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (24) Code Section 49-5-221, relating to definitions relative to children and adolescents with severe emotional problems; (25) Code Section 49-5-223, relating to the State Plan for the Coordinated System of Care for children and adolescents with severe emotional problems; (26) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care; (27) Code Section 49-5-227, relating to the Governor's Office for Children and Families to comment on the State Plan for Coordinated System of Care and provide recommendations; and (28) Code Section 50-27-24, relating to lottery prize proceeds subject to state income tax.
SECTION 3-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of behavioral health":
(1) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board; and (2) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care;
SECTION 3-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources" wherever it occurs with "Department of Behavioral Health":
(1) Code Section 15-11-149, relating to disposition of mentally ill or mentally retarded child; (2) Code Section 40-5-64, relating to limited driving permits for certain offenders; (3) Code Section 45-18-5.2, relating to sheltered employment center employees; and

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(4) Code Section 49-4A-9, relating to sentence of youthful offenders.
SECTION 3-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mentally retarded" or "Mentally Retarded" wherever it occurs with "developmentally disabled" or "Developmentally Disabled", respectively:
(1) Code Section 31-22-9.1, relating to who may perform HIV tests; (2) Code Section 35-1-8, relating to the acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (3) Code Section 37-4-1, relating to the declaration of policy relating to the habilitation of mentally retarded persons generally; (4) Code Section 37-4-3, relating to the authority of the board of human resources to issue regulations relating to the habilitation of mentally retarded persons generally; (5) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (6) Code Section 37-4-5, relating to validity of hospital orders entered before September 1, 1978; (7) Code Section 37-4-8, relating to approval of private facilities; (8) Code Section 37-4-20, relating to examination of minor children; (9) Code Section 37-4-21, relating to admission of mentally retarded persons to facilities for purposes of temporary supervision and care; (10) Code Section 37-4-22, relating to admission of persons to facilities for dental services; (11) Code Section 37-4-40, relating to filing petition with the court for according of program of services to mentally retarded person; (12) Code Section 37-4-40.1, relating to certification that a person requires temporary care; (13) Code Section 37-4-40.2, relating to admission or discharge of a person in custody of a state facility for temporary care; (14) Code Section 37-4-42, relating to procedure for continuation of court ordered habilitation; (15) Code Section 37-4-62, relating to transfer of clients to custody of federal agencies for services; (16) Code Section 37-4-120, relating to individual dignity of clients to be respected; (17) Code Section 37-4-123, relating to recognition of clients' physical integrity; (18) Code Section 37-5-1, relating to the short title; (19) Code Section 37-5-2, relating to declaration of policy relative to community services for the mentally retarded; (20) Code Section 37-5-4, relating to applicability of chapter; (21) Code Section 37-5-5, relating to duty of county board of health to provide community services;

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(22) Code Section 37-5-6, relating to county or health district plan for community services; (23) Code Section 37-5-7, relating to duty of department to provide consulting and financial assistance to county boards of health; (24) Code Section 37-6-2, relating to participation by department in financing of daycare centers for mentally retarded children; (25) Code Section 37-6-3, relating to participation by department in financing of daycare centers generally; (26) Code Section 37-6-4, relating to grants-in-aid to county board of health for purchase of services from private day-care centers; (27) Code Section 37-6-6, relating to inspection and approval of day-care centers; (28) Code Section 37-6-7, relating to departmental standards for day-care centers; (29) Code Section 37-9-6, relating to standards for determination of assessments for less than full cost of care; (30) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (31) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (32) Code Section 49-4-80, relating to definitions relative to aid to the disabled.
SECTION 3-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "developmental disability":
(1) Code Section 31-12-3.2, relating to meningococcal disease; (2) Code Section 31-32-4, relating to the advance directives for health care form; (3) Code Section 33-24-28, relating to termination of coverage of dependent child upon attainment of specified age; (4) Code Section 37-4-40.4, relating to evaluation of a person in custody of a state facility for temporary care; (5) Code Section 37-4-61, relating to transportation of clients generally; (6) Code Section 49-4-31, relating to definitions relative to old-age assistance; (7) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (8) Code Section 49-4-80, relating to definitions relative to aid to the disabled.
SECTION 3-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "a developmental disability":
(1) Code Section 31-20-3, relating to sterilization of mentally incompetent persons; (2) Code Section 37-4-80, relating to effect of inability to pay on right to habilitation services; (3) Code Section 37-4-100, relating to retention of rights and privileges by clients generally; and

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(4) Code Section 37-4-122, relating to client's care and treatment rights.
SECTION 3-8. Code Section 30-8-1 of the Official Code of Georgia Annotated, relating to the Governor's Council on Developmental Disabilities, is amended as follows:
"30-8-1. (a) There is created the Governor's Georgia Council on Developmental Disabilities. The council shall serve as the designated state agency and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, relating to programs for persons with developmental disabilities. (b) The members of the council shall be appointed by the Governor from among the residents of the state, and the composition of the council shall comply with the membership requirements of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. The Governor shall consider appointing to the council persons representing a broad range of individuals with developmental disabilities and individuals interested in programs for the developmentally disabled. To the extent feasible, appointments to the council shall be made with a view toward equitable geographic, racial, and ethnic representation. (c) Each member shall serve for a term of four years or until a successor is appointed. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments. The council shall elect its own chairperson and such other officers as it deems necessary. The council may adopt rules and procedures and shall meet at the call of the chairperson. (d) The Governor's Georgia Council on Developmental Disabilities shall:
(1) Develop and implement a state plan, which includes the specification of federal and state priority areas, to address on a state-wide and comprehensive basis the need for services, support, and other assistance for individuals with developmental disabilities and their families; (2) Monitor, review, and evaluate, not less than annually, the implementation and effectiveness of the plan; (3) Submit to the United States secretary of health and human services, through the Governor, such plan and periodic reports on the council's activities as the secretary finds necessary; (4) Receive, account for, and disburse funds paid to the state pursuant to the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, and as authorized by the approved state plan; (5) To the maximum extent feasible, review and comment on all plans in the state which relate to programs affecting persons with developmental disabilities; (6) Serve as an advocate for persons with developmental disabilities; (7) Advise the Governor, the General Assembly, and all other state agencies in matters relating to developmentally disabled persons; and

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(8) Fulfill the responsibilities and meet the requirements of a designated state agency and of a state planning council as provided by Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. (e) The Governor's Georgia Council on Developmental Disabilities shall be attached to the Department of Human Resources Behavioral Health for administrative purposes only as provided in Code Section 50-4-3. The council shall recruit and hire staff as provided by law and as the council determines necessary to carry out its duties. All costs incurred by the council shall be covered by funds paid to the state under Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, except that members who are state employees shall be reimbursed for their expenses by their agency in the same manner as other state employees. Members who are not state employees shall be reimbursed for their actual expenses, including travel and any other expenses incurred in performance of their council duties, from funds appropriated to the Department of Human Resources Behavioral Health."
SECTION 3-9. Code Section 35-3-34.1 of the Official Code of Georgia Annotated, relating to circumstances when exonerated first offender's criminal record may be disclosed, is amended by revising paragraph (3) of subsection (a) as follows:
"(3) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 37-1-1 or mentally retarded developmentally disabled as defined in Code Section 37-4-2 37-1-1, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering."
SECTION 3-10. Code Section 37-2-30 of the Official Code of Georgia Annotated, relating to definitions relative to the office of disability services ombudsman, is amended by revising paragraph (3) as follows:
"(3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2 37-1-1 and shall include natural persons who are seeking disability services."
SECTION 3-11. Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions relative to the examination and treatment for mental illness, is amended by revising paragraphs (11), (12), and (14.1) as follows:
"(11) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. Reserved." "(12) 'Mentally ill person requiring involuntary treatment' means a mentally ill person who is an inpatient or an outpatient."

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"(14.2) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3."
SECTION 3-12. Code Section 37-4-2 of the Official Code of Georgia Annotated, relating to definitions relative to the habilitation of the mentally retarded, is amended as follows:
"37-4-2. As used in this chapter, the term:
(1) 'Client' means any mentally retarded person with a developmental disability who seeks habilitation under this chapter or any person for whom such habilitation is sought. (2) 'Clinical record' means a written record pertaining to an individual client and includes habilitation record, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility and which pertains to the client's habilitation. Such other information as may be required by rules and regulations of the board shall also be included. (3) 'Community services' means all services deemed reasonably necessary by the Department of Human Resources Behavioral Health to provide for the education, training, habilitation, and care of mentally retarded developmentally disabled individuals. Such services shall include, but not be limited to, diagnostic and evaluation services, day-care and training services, work activity services, community residential services such as group family care homes, transportation services, social services, medical services, and specified home services. (4) 'Comprehensive evaluation team' or 'comprehensive habilitation team' means and shall consist of a group of persons with special training and experience in the assessment of needs and provision of services for mentally retarded developmentally disabled persons, which group shall include, at a minimum, persons qualified to provide social, psychological, medical, and other services. The department shall specify the qualifications of the individuals who compose comprise a comprehensive evaluation team or a comprehensive habilitation team and shall ensure that such teams are located throughout the state so as to provide diagnostic, evaluation, and habilitation services for all citizens of Georgia. (5) 'Court' means:
(A) In the case of an individual who is 17 years of age or older, the probate court of the county of residence of the client or the county in which such client is found. Notwithstanding Code Section 15-9-13, in any case in which the judge of said probate court is unable to hear a case brought under this chapter within the time

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required for such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be a member of the State Bar of Georgia and shall be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-bycase basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or his the judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed with the approval of the governing authority of the county for which such person is appointed and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or (B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the client or the county in which such client is found. (6) 'Developmentally disabled person in need of community services' means a developmentally disabled person who, after comprehensive evaluation and a hearing, is found to be in need of community services as defined in Code Section 37-5-3. (7) 'Developmentally disabled person requiring temporary and immediate care' means a person who is developmentally disabled, and: (A) Who presents a substantial risk of imminent harm to himself or herself or others; (B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. (6)(8) 'Facility' means any state owned or state operated institution utilized 24 hours a day for the habilitation and residence of persons who are mentally retarded developmentally disabled, any facility operated or utilized for such purpose by the United States Department of Veterans Affairs or any other federal agency, and any other facility within the State of Georgia approved for such purpose by the department. (7)(9) 'Full and fair hearing' or 'hearing' means a proceeding before a hearing examiner, under Code Section 37-4-42, or before a court, as defined in paragraph (5) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The client shall be provided with effective assistance of counsel. If the client cannot afford counsel, the court shall appoint counsel for him or her or the hearing examiner shall have the court appoint such counsel. The client shall have the right to confront and cross-examine witnesses and to offer evidence. The client shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing

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examiner or the court may rest. The client shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the client. The standard of proof shall be by clear and convincing evidence. At the request of the client, the public may be excluded from the hearing; and the client need not be present if the court consents; in either of these events, the record shall reflect the reason for the hearing examiner's or the court's action. (8)(10) 'Habilitation' means the process by which program personnel help clients acquire and maintain those life skills which will enable them to cope more effectively with the demands of their own persons and of their environment and to raise the level of their physical, mental, social, and vocational abilities. (9)(11) 'Individualized program plan' means a proposed habilitation program written in behavioral terms, developed by the comprehensive evaluation team, and specifically tailored to the needs of an individual client. Each plan shall include:
(A) A statement of the nature of the client's specific problems and specific needs; (B) A description of intermediate and long-range habilitation goals and a projected timetable for their attainment; (C) A description of the proposed habilitation program and its relation to habilitation goals; (D) Identification of the facility and types of professional personnel responsible for execution of the client's habilitation program; (E) A statement of the least restrictive environment necessary to achieve the purposes of habilitation, based upon the needs of the client; (F) An explanation of criteria for acceptance or rejection of alternative environments for habilitation; and (G) Proposed criteria for release of the client into less restrictive habilitation environments upon obtaining specified habilitation goals. (10)(12) 'Least restrictive alternative,' 'least restrictive environment,' or 'least restrictive appropriate habilitation' means that which is the least restrictive available alternative, environment, or appropriate habilitation, as applicable, within the limits of state funds specifically appropriated therefor. (11) 'Mental retardation' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (12) 'Mentally retarded person' means a person having a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (13) 'Mentally retarded person in need of community services' means a mentally retarded person who, after comprehensive evaluation and a hearing, is found to be in need of community services as defined in Code Section 37-5-3. (13.1) 'Mentally retarded person requiring temporary and immediate care' means a person who is mentally retarded, and:

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(A) Who presents a substantial risk of imminent harm to himself or others; (B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. (14)(13) 'Person in charge of a client's habilitation' means a superintendent or regional state hospital administrator of a facility, a case manager, or any other service provider designated by the department to have overall responsibility for implementation of a client's individualized program plan. The department shall designate such a person for each individual ordered to receive services from the department under this chapter. (14.1) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15)(14) 'Representatives' means the persons appointed as provided in Code Section 37-4-107 to receive any notice under this chapter. (16)(15) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility, other than a regional state hospital or state owned or operated community program, receiving mentally retarded developmentally disabled persons under this chapter or an individual appointed as the designee of such superintendent."
SECTION 3-13. Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to filing petitions with the court for according of program services to a mentally retarded person, is amended by revising subsections (a) and (d) as follows:
"(a) Any person may file a petition for a court ordered program of services from the department for a mentally retarded developmentally disabled citizen of this state. Such petition shall be executed under oath in the court of the county in which the allegedly mentally retarded developmentally disabled person is a resident or where such person is found. The petition shall assert that the petitioner believes that the client is mentally retarded developmentally disabled and (1) that the petitioner is the parent, guardian, or person standing in loco parentis of the client for whom habilitative services are being sought and that the petitioner is unable to obtain adequate and appropriate programs and services as defined in paragraph (1) of Code Section 37-5-3 and Code Section 20-2131 to meet the needs of the client or (2) that the petitioner believes that the parent, guardian, or person acting in loco parentis has failed or is unable to secure adequate and appropriate programs and services as defined in paragraph (1) of Code Section 37-5-3

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and Code Section 20-2-131 to meet the needs of the client. The petition shall set forth the alleged facts upon which the above assertions are based, the names and addresses, if known, of any witnesses who can allege relevant facts, and, if known, the names and addresses of the nearest relatives and the guardian, if any, of the client." "(d) If a majority of the evaluation team does not find the allegedly mentally retarded developmentally disabled person to be mentally retarded developmentally disabled and in need of being ordered to receive such services from the department or if a majority of the comprehensive evaluation team finds the client to be a mentally retarded developmentally disabled person in need of court ordered services from the department, the court shall set a hearing on the petition and shall serve notice of such hearing on the petitioner, on the prospective client, and on his representatives or guardian as provided in Code Section 37-4-107; and such notice shall be served within 72 hours after the filing of the report by the evaluation team. Such notice shall be accompanied by:
(1) A copy of the petition; (2) A notice that the client has a right to counsel and that the client or his representatives may apply immediately to the court to have counsel appointed if the client cannot afford counsel and that the court will appoint counsel for the client unless the client either indicates in writing that he will have retained counsel by the time set for hearing or waives his right to counsel; (3) A copy of the individualized program plan developed by the evaluation team under subsection (c) of this Code section; and (4) A notice that the client has a right to be examined by a comprehensive evaluation team of his own choice at his own expense and to have that team submit a suggested individualized program plan for the client which conforms with the requirements of paragraph (9) (11) of Code Section 37-4-2. The hearing shall be held no sooner than ten days and no later than 15 days, Saturdays, Sundays, and holidays excepted, after the date the evaluation team report is filed. The court shall grant a continuance upon application by the client or his representatives, if necessary, to permit preparation for the hearing."
SECTION 3-14. Code Section 37-4-109 of the Official Code of Georgia Annotated, relating to establishment of patients and staff complaint procedure, is amended as follows:
"37-4-109. The department shall establish procedures whereby complaints of the client or complaints of the staff concerning admission, treatment, or habilitation can be speedily heard. Clients shall receive reasonable notice of such procedures. Final decisions shall be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate, with the right of appeal to the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases commissioner or his or her designee. The board shall establish rules and regulations for the implementation of such procedures. However, the client shall not be required to utilize these procedures in lieu of other available legal remedies."

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SECTION 3-15. Code Section 37-5-3 of the Official Code of Georgia Annotated, relating to definitions relative to community services for the mentally retarded, is amended as follows:
"37-5-3. As used in this chapter, the term:
(1) 'Community community services' means all community-based services a coordinated, consumer and family centered, consumer and family directed, and comprehensive system of community services, individualized supports, and other forms of assistance that enable individuals with developmental disabilities to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community life. Such services shall include those deemed reasonably necessary by the department to provide for education, training, rehabilitation, and care of mentally retarded individuals with developmental disabilities and shall include but not be limited to: diagnostic and evaluation services; day-care and training services; work-activity services; support coordination, day support, and personal support services; supportive employment services; community residential services such as group family-care homes, community living arrangements, and host homes; transportation services incidental to educational, training, and rehabilitation services; technology and durable equipment support and services; social services; medical services; and specified home services. (2) 'Mentally retarded individual' means a person whose ability to care for himself is substantially impaired by mental retardation or by a neurological dysfunction associated with mental retardation. (3) 'Mental retardation' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period."
SECTION 3-16. Code Section 37-5-10 of the Official Code of Georgia Annotated, relating to timetable for implementation of this chapter, is amended as follows:
"37-5-10. The department shall employ sufficient professional and nonprofessional persons to assure full implementation of this chapter by June 30, 1978. All community services specified in paragraph (1) of Code Section 37-5-3 shall be made available for all mentally retarded individuals by June 30, 1978."
SECTION 3-17. Code Section 37-6-1 of the Official Code of Georgia Annotated, relating to definitions relative to day-care centers for the mentally retarded, is amended as follows:
"37-6-1. As used in this chapter, the term:

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(1) 'Day-care day-care center' means any facility that is operated and maintained for and is qualified to furnish care and training to mentally retarded individuals with developmental disabilities on less than a 24 hour basis. (2) 'Mentally retarded individual' means any individual who is suffering from mental retardation. (3) 'Mental retardation' means a state of subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior."
SECTION 3-18. Code Section 37-9-2 of the Official Code of Georgia Annotated, relating to definitions relative to payment of expenses for support, treatment, and care of patients in institutions generally, is amended by revising paragraph (6) as follows:
"(6) 'State hospital' means any state hospital which now or hereafter comes under the control of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the department and any facility operated in conjunction therewith."
SECTION 3-19. Code Section 37-10-2 of the Official Code of Georgia Annotated, relating to the Interstate Compact on Mental Health, is amended by revising Article XV as follows:
"Article XV.
(a) Pursuant to said compact, the Commissioner of Human Resources Behavioral Health, or his delegate, is hereby designated to be the compact administrator. The compact administrator, acting jointly with like officers of other party States, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this State thereunder. (b) The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other States pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service of this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service. (c) The compact administrator, using funds appropriated to the Department of Human Resources Behavioral Health and the Department of Health, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder.

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(d) Duly authenticated copies of this Act shall be transmitted by the Secretary of State of the State of Georgia to the Governor of each State, to the Attorney General and the Administrator of General Services of the United States, and to the Council of State Governments, and to the Veterans' Administration. (e) The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transfer from an institution in this State to an institution in another party State, to take no final action without notice to the admitting court or in case of admission other than by a court, then notice to the admitting medical facility is required. (f) In the administration of this compact, the compact administrator shall in no way abridge the rights or privileges of any patient to appeal to the courts for a hearing as provided under the laws of Georgia."
SECTION 3-20. Code Section 40-16-5 of the Official Code of Georgia Annotated, relating to authority of the commissioner of driver services, is amended by revising paragraph (5) of subsection (d) as follows:
"(5) All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources (now known as the Department of Behavioral Health for these purposes) to the Department of Driver Services."
SECTION 3-21. Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to classification and separation of inmates generally, is amended by revising subsections (d), (e), and (f) as follows:
"(d) The department is authorized to transfer a mentally diseased inmate from a state or county correctional institution or other facility operating under its authority to a criminal ward or facility of the Department of Human Resources Behavioral Health. The inmate shall remain in the custody of the Department of Human Resources Behavioral Health until proper officials of the facility at which he the inmate is detained declare that his or her sanity has been restored, at which time the inmate shall be returned to the custody of the department. At any time after completion of his or her sentence, an inmate detained by the Department of Human Resources Behavioral Health on the grounds that he or she is mentally diseased may petition for release in accordance with the procedure provided in Chapter 3 of Title 37. Prior to completion of his or her sentence, this procedure shall not be available to him the inmate. (e) Upon being presented with a proper certification from the county physician of a county where a person has been sentenced to confinement that the person sentenced is addicted to drugs or alcohol to the extent that his the person's health will be impaired or his life endangered if immediate treatment is not rendered, the department shall transfer the inmate to the custody of the Department of Human Resources Behavioral Health. The inmate shall remain in such custody until officials of the Department of Human

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Resources Behavioral Health determine he the inmate is able to serve his or her sentence elsewhere. (f) The department may transfer any inmate afflicted with active tuberculosis from any state or county correctional institution, or any other facility operating under the authority of the department, to a tubercular ward or facility specially provided and maintained for criminals by the department at a tuberculosis facility or facilities operating under the Department of Human Resources Health."
SECTION 3-22. Code Section 42-5-52.1 of the Official Code of Georgia Annotated, relating to submission to HIV test of inmates, is amended by revising subsection (c) as follows:
"(c) No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Department of Human Resources (now known as the Department of Behavioral Health) under Code Section 42-5-52, if that person has not submitted to an HIV test following that person's most recent commitment to the custody of the commissioner and unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15."
SECTION 3-23. Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to discharges disqualifying individuals from employment, is amended by revising paragraph (4) of subsection (a) as follows:
"(4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 37-1-1 or mentally retarded developmentally disabled as defined in Code Section 37-4-2 37-1-1, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering."
SECTION 3-24. Code Section 49-5-220 of the Official Code of Georgia Annotated, relating to legislative findings and intent with respect to children and adolescents with severe emotional problems, is amended as follows:
"49-5-220. (a) The General Assembly declares its intention and desire to:
(1) Ensure a comprehensive mental health program consisting of early identification, prevention, and early intervention for every child in Georgia; (2) Preserve the sanctity of the family unit; (3) Prevent the unnecessary removal of children and adolescents with a severe emotional disturbance from their homes;

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(4) Prevent the unnecessary placement of these children out of state; (5) Bring those children home who through use of public funds are inappropriately placed out of state; and (6) Develop a coordinated system of care so that children and adolescents with a severe emotional disturbance and their families will receive appropriate educational, nonresidential and residential mental health services, and support services, as prescribed in an individualized plan. (b) In recognition of the fact that services to these children are provided by several different agencies, each having a different philosophy, a different mandate, and a different source of funding, the General Assembly intends that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health shall have the primary responsibility for planning, developing, and implementing the coordinated system of care for severely emotionally disturbed children. Further, it recognizes that to enable severely emotionally disturbed children to develop appropriate behaviors and demonstrate academic and vocational skills, it is necessary that the Department of Education provide appropriate education in accordance with P.L. 94-142 and that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health provide mental health treatment. (c) Further, in recognition that only a portion of the children needing services are receiving them and in recognition that not all the services that comprise a coordinated system of care are currently in existence or do not exist in adequate numbers, the General Assembly intends that the Department of Human Resources Department of Behavioral Health and the Department of Education jointly develop and implement a State Plan for the Coordinated System of Care for severely or emotionally disturbed children or adolescents as defined in paragraph (10) of Code Section 49-5-221. (d) The commissioner of the Department of Human Resources behavioral health and the State School Superintendent shall be responsible for the development and implementation of the state plan. (e) The commissioner of the Department of Human Resources behavioral health shall be responsible for preparing this jointly developed state plan for publication and dissemination. The commissioner of the Department of Human Resources behavioral health shall also be responsible for preparing for publication and dissemination the annual report. (f) The receipt of services under this article is not intended to be conditioned upon placement of a child in the legal custody, protective supervision, or protection of the Department of Human Resources Department of Human Services."
SECTION 3-25. Code Section 49-5-225 of the Official Code of Georgia Annotated, relating to local interagency committees with respect to children and adolescents with severe emotional problems, is amended by revising subsection (a) as follows:

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"(a) At least one local interagency committee shall be established for each region of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health whose permanent membership shall include a local representative from each of the following:
(1) The community mental health agency responsible for coordinating children's services; (2) The Division of Family and Children Services of the Department of Human Resources Services; (3) The Department of Juvenile Justice; (4) The Division of Public Health of the Department of Human Resources Health; (5) A member of the special education staff of the local education agency; (6) The Division of Rehabilitation Services of the Department of Labor."
PART IV Effective Date and Repealer.
SECTION 4-1. This Act shall be effective on July 1, 2009.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.
Representative Butler of the 18th moved that the House disagree to the Senate substitute to HB 228.
The motion prevailed.
HB 71. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to remove a defense to a charge of manufacturing, selling, or distributing false identification documents; 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 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to remove a defense to a charge of manufacturing, selling, or distributing false identification

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documents; 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 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, is amended by revising subsection (g) as follows:
"(g) It shall not be a defense to a violation of this Code section that a false, fictitious, fraudulent, or altered identification document contained words indicating that it is not an identification document unless there appears on the front and back of such document the word 'novelty' which is in a color which is not transparent on the design of the document, is in block letters not less than 40 point type in size, and is indelible ink."

SECTION 2. This Act shall become effective on October 1, 2009, and shall apply to offenses committed on or after such date.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Day of the 163rd moved that the House agree to the Senate substitute to HB 71.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks E Bruce
Bryant Y Buckner Y Burkhalter Y Burns

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes E Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal E Parham

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson
Talton

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Butler Y Byrd
Carter, A Y Carter, B
Casas E Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick
Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R E Levitas Y Lindsey
Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G E Mangham

On the motion, the ayes were 148, nays 5.

Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston E Ramsey E Randall
Reece Y Reese Y Rice Y Roberts Y Rogers

Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative May of the 111th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Gordon of the 162nd stated that 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 Cooper of the 41st District, Chairman of the Committee on Health and Human Services, submitted the following report:

Mr. Speaker:

Your Committee on Health and Human Services has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:

SB 8

Do Pass

Respectfully submitted, /s/ Cooper of the 41st
Chairman

The following Bill and Resolution of the House were taken up for the purpose of considering the Senate action thereon:

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HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; 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 taxes, so as to provide for an up to 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects of the district; to provide that each county may opt out of the district; to provide for the district to pass a resolution calling for a referendum within the district; to provide for the tax to be levied by the participating counties; to provide for the funds collected to be deposited in trust accounts; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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:
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. As used in this article, the term:

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(1) 'District' means the metropolitan transportation district and special transportation districts created in Code Sections 48-8-222 and 48-8-223. (2) 'Levy' means the district-wide sales and use tax authorized by Code Section 48-8221. (3) 'Qualified municipality' means a qualified municipality as defined in Code Section 48-8-110 situated wholly or partly within a district. (4) 'Transportation agency' means a Georgia department or authority authorized by general law to engage in activities relating to transportation projects or purposes. (5) 'Transportation project' or 'transportation purpose' means, without limitation, roads and bridges, freight and passenger rail, airports, public transit, buses, seaports, and all activities and structures useful and incident to providing, operating, and maintaining the same; provided, however, that 'transportation project' or 'transportation purpose' shall not include projects which are inconsistent with any state-wide strategic transportation plan adopted by the General Assembly. (6) 'Voting officials of the district' means the elected officials representing the county, counties, or qualified municipalities in a district.
48-8-221. (a) In accordance with the provisions of Article IX, Section IV, Paragraph V of the Constitution, on or after January 1, 2011, a single sales and use tax of up to 1 percent may be levied as provided in this article to fund transportation projects in a district. (b) A county shall be wholly within one transportation district. No county shall be divided among more than one district. The boundaries of the districts shall be otherwise as determined by the constituent counties. (c) After the formation of a special transportation district, but prior to the passage of the resolution calling for imposition of the tax authorized by this article, the governing authority of any county sharing a boundary with any county within a district may by resolution opt into such district. Prior to the county governing authority's vote to opt into the district, the county shall follow the procedures of paragraph (2) of subsection (a) of Code Section 48-8-223 for meeting with all of the qualified municipalities. In order to add the county to the district, the governing authorities of the counties within the district must concur. Not less than ten days prior to a vote on a resolution for such purpose, notice of the intention of a county to opt into the district shall be transmitted by the governing authority of such county to the metropolitan transportation district board if created pursuant to Code Section 48-8-222, to the governing authority of each qualified municipality within the county proposing to opt into the district, and to the governing authority of each other county within such district. (d) District projects undertaken pursuant to this article shall not be subject to review or approval by the Georgia Regional Transportation Authority.
48-8-222. (a) There is created within this state a metropolitan transportation district encompassing and being coterminous with the geographical area on January 1, 2009, of

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each metropolitan area planning and development commission that was activated prior to January 1, 1972, pursuant to Article 4 of Chapter 8 of Title 50. The management and supervision of such district shall be vested in a district board to consist of those members of the council of the metropolitan area planning and development commission as provided for by Code Section 50-8-84 holding elective public office, to serve during their service as members of the commission and until their successors are duly elected and qualified. (b) Each county in a district may select one or more district transportation agencies to be responsible for designing, planning, and contracting for the construction of district projects. (c) The metropolitan transportation district may authorize the levy provided for by this article as follows:
(1) The district, in cooperation with its constituent counties and qualified municipalities and its designated transportation agency or agencies, shall propound by resolution a list of transportation projects to be funded by a district levy. Approval of such resolution shall require the affirmative vote of a majority of the voting members of the district. Such resolution shall include:
(A) A list of the specific transportation projects to be funded; (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; (C) The rate of the levy; and (D) The maximum period of time, to be stated in calendar years, for which the levy may be imposed; (2) The district resolution provided for by paragraph (1) of this subsection shall be immediately transmitted to the governing authority of each county and qualified municipality within the district. Each such governing authority shall thereafter have 45 days from the date of such submission to vote to opt the county out of such district. A county shall opt out of the district upon: (A) The affirmative vote of the county governing authority on a resolution for such purpose; and (B) If there are one or more municipalities within the county whose area within the county contains more than 50 percent of the population of the county, the affirmative vote on resolutions for such purpose by the governing authorities of qualified municipalities representing more than 50 percent of the population of the county. Only the vote described in subparagraph (A) of this paragraph shall be required for the opt-out if the county is not described in subparagraph (B) of this paragraph. For a county described in subparagraph (B) of this paragraph, the votes described in subparagraphs (A) and (B) of this paragraph shall be required for the opt-out. All measurements of population for purposes of this paragraph shall be according to the United States decennial census of 2000 or any future such census. Notice of the opting out of a county shall be immediately transmitted by the governing authority of such county to the governing authority of each other county within the district, to the

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governing authority of each qualified municipality within the county, and to the governing authority of each county sharing a border with any county within the district; (3) Upon any county opting out of a district pursuant to paragraph (2) of this subsection, any remaining constituent county shall have 30 days from the expiration of the 45 day period provided for in paragraph (2) of this subsection to opt out of such district by the same mechanism and with the same notice provided for in paragraph (2) of this subsection; (4) Those counties that do not opt out of a district within the time limits prescribed in this subsection and those which opt in pursuant to the provisions subsection (c) of Code Section 48-8-221 shall thereafter constitute the special transportation district. The voting officials of the district shall be reconstituted to include, pursuant to subsection (c) of Code Section 48-8-221, only the elected officials of those counties and qualified municipalities included in the special transportation district; (5) The voting officials of the district as reconstituted pursuant to paragraph (4) of this subsection shall meet as soon as practicable after the reconstitution of the district. The district in cooperation with its constituent counties and qualified municipalities and the designated transportation agency or agencies may revise by resolution the list of transportation projects, if necessary or advisable, to remove or amend any project planned for an area no longer within the district and to add or amend any project for an area that was added to the district; and (6) As soon as practicable after the expiration of the time for removal of counties from a district and after any revision of such resolution after the removal of any counties from the district, the voting officials of the district may by a majority vote submit to electors of the district the transportation project list and the question of whether the levy provided for by this article should be approved.
48-8-223. (a)(1) Special transportation districts not encompassing any part of the metropolitan transportation district created pursuant to Code Section 48-8-222 may be created by the governing authorities of two or more contiguous counties or by the governing authority of a single county. (2) Prior to the issuance of the call for the referendum required by subsection (d) of this Code section, the county or counties that desire to levy a tax under this article within the special transportation district created pursuant to this Code section shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum.

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(b)(1) Following the meeting required by paragraph (2) of subsection (a) of this Code section, the governing authority or authorities of the county or counties within the district may enter into an intergovernmental agreement with each other and with one or more qualified municipalities within the district containing a combined total of no less than 50 percent of the aggregate municipal population located within the district. (2) At a minimum, the intergovernmental agreement authorized by paragraph (1) of this subsection shall include the following:
(A) A list of the projects and proposals qualifying as transportation purposes proposed to be funded from the levy authorized by this article; (B) The estimated or projected dollar amounts allocated for each project from proceeds from the levy authorized by this article; (C) The procedures for distributing proceeds from the levy authorized by this article to qualified municipalities; (D) A schedule for distributing proceeds from the levy authorized by this article to qualified municipalities which shall include the priority or order in which projects will be fully or partially funded; (E) A provision that all transportation projects included in the agreement shall be funded from proceeds from the levy authorized by this article except as otherwise agreed; (F) A provision that proceeds from the levy authorized by this article shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this article; and (H) Such other provisions as the county, counties, and participating municipalities choose to address. (c)(1) Following the commencement of negotiation, if the parties necessary to an agreement fail to reach an agreement within 60 days, such parties shall submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which reflects a good faith effort to resolve the dispute. Any negotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (2) of this subsection. If the parties fail to reach an agreement within 60 days of submitting the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts, any party necessary to an agreement may file a petition in superior court of the county seeking resolution of the items remaining 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 county and qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district shall separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from the county and one from qualified municipalities representing at least 50 percent of the aggregate

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municipal population of all qualified municipalities located wholly or partially within the district. The offer from the county may be an offer representing the county and any municipalities that are not represented in the offer from the qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district. The visiting or senior judge shall conduct such hearings as the judge deems necessary and shall render a decision based on, but not limited to, the criteria in paragraph (2) of this subsection. The judge's decision on the allocation of the levy proceeds shall adopt the best and final offer of one of the parties but shall also include findings of fact. The judge shall enter a final order containing a distribution certificate and transmit a copy of it to the commissioner of revenue. Appeal shall be by application and the decision of the judge shall be altered only for the judge's disregard of the law, for partiality of the judge, or for corruption, fraud, or misconduct by the judge or a party. (2) The judge's decision on the allocation of the levy proceeds shall be based upon, but not be limited to, the following criteria:
(A) Assurance of future trip reliability and competitive travel times; (B) Navigation around metropolitan area congestion; (C) Connection of major freight origins and destinations; (D) Creation of limited access facilities for trucks connecting other origins and destinations; (E) Creation of new capacity for freight rail; (F) Addressing of major bottlenecks; (G) Improvement or grade separation of major at-grade rail crossings; (H) Expansion of access to jobs and linkage of labor markets; (I) Implementation of current transportation plans; (J) Creation of a high-speed or commuter rail network; (K) Enhancement of public mass transit operations and capacity; (L) Maintenance and improvement of existing roads and bridges; and (M) Each jurisdiction's mileage of public roads and vehicle mileage traveled as determined by the Georgia Department of Transportation. (3) Costs of any conflict resolution under paragraph (1) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the levy as reflected by the renegotiated certificate or as otherwise ordered by the court. (d)(1) As soon as practicable after the meeting between the governing authorities of the county, counties, and qualified municipalities and the execution of an intergovernmental agreement, if applicable, the governing authorities of the counties of the district may by a majority vote on a resolution offered for such purpose submit the project list and the question of whether the levy authorized by this article should be approved to electors of the district in an election called for such purpose and shall notify each county election superintendent within the district by forwarding to the superintendent a copy of such resolution calling for the imposition of the levy. (2) The resolution authorized by paragraph (1) of this subsection shall describe:

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(A) The specific transportation projects to be funded; (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; and (C) The maximum period of time, to be stated in calendar years, for which the levy may be levied and the rate thereof. (e) Each county in a district may select one or more district transportation agencies to be responsible for designing, planning, and contracting for the construction of district projects.
48-8-224. (a) Except as otherwise provided in this Code section, the procedures for conducting the referendum on the question of imposing the levy shall correspond generally to the procedures provided for by Part 1 of Article 3 of this chapter, except that the project or proposal list provided for by Code Sections 48-8-222 and 48-8-223, or a digest thereof, shall be available during regular business hours in the office of the county clerk of each county that has authorized the levy. (b) The ballot submitting the question of the imposition of the levy authorized by this article to the voters within the special district shall have written or printed thereon the following:
'( ) YES Shall a special ___ percent sales and use tax be imposed in the special transportation district consisting of _______County (or Counties) for a
( ) NO period of time not to exceed _______ and for the raising of not more than an estimated amount of $_______ for the purpose of transportation?'
(c) The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the levy shall vote 'Yes' and all persons opposed to imposing the levy shall vote 'No.' If more than one-half of the votes cast throughout the entire district are in favor of imposing the levy, then the levy shall be imposed as provided in this article. (d) Where such question is not approved by the voters, the county or counties of the district may resubmit such question from time to time and may amend such project or proposal list or digest thereof. Proceedings for the reimposition of such levy shall be in the same manner as proceedings for the initial imposition of the levy, but the newly authorized levy shall not be imposed until the expiration of the levy then in effect. (e) Whenever the levy is authorized pursuant to the provisions of this article, the counties within the approving district shall levy a sales and use tax as provided for by this article, to be collected as provided by law.

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48-8-225. The proceeds of a levy authorized by this article shall be transferred to a trust fund maintained on behalf of the district by the metropolitan district board if created pursuant to Code Section 48-8-222 or by one of the counties that created the district, a regional commission, or some other public body agreed to by the county or counties that created the district if the district was created pursuant to Code Section 48-8-223. Such proceeds are to be expended as provided for by this article and shall be used exclusively for the purpose or purposes specified in the resolution calling for imposition of the levy and shall not be commingled in any manner with any other funds held or received by any county, municipality, or metropolitan district board.
48-8-226. Upon request of the metropolitan district board, if the district was created pursuant to Code Section 48-8-222, or upon request of the county or counties that created the district, if the district was created pursuant to Code Section 48-8-223, the district transportation agency or agencies and the Department of Community Affairs shall cooperate with the district and its constituent counties and qualifying municipalities and upon request of such parties shall be responsible for designing, planning, and contracting for the construction of the projects.
48-8-227. Nothing in this article shall be construed to prohibit counties and municipalities located in a district from imposing as additional taxes local sales and use taxes otherwise authorized by general law.
48-8-228. The levy authorized by this article shall not be imposed in any jurisdiction the electors of which were not eligible to vote in an election called to approve such levy.
48-8-229. The levy authorized by this article shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing.
48-8-230. (a) The levy authorized by this article shall only be levied on the first $5,000.00 of any transaction regarding a motor vehicle, watercraft, or aircraft. (b) The levy authorized by this article 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, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, 'motor vehicle' means a self-propelled

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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.
48-8-231. Except as otherwise specifically provided in this article, the levy authorized by this article shall be subject to any sales and use tax exemption which is otherwise imposed by general law; provided, however, that such levy shall be imposed on the sale of food or beverages as provided for in paragraph (57) of Code Section 48-8-3.
48-8-232. (a) A record of projects on which levy proceeds are used shall be maintained by each county and municipality receiving proceeds from the levy authorized by this article, and a report shall be prepared not later than December 31 of each year. Such record and report shall conform to the requirements of Code Section 48-8-122. (b) 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 its procurement practices."
SECTION 2. This Act shall become effective on January 1, 2011; provided, however, that this Act shall only become effective on January 1, 2011, upon the ratification of a resolution at the November, 2010, state-wide general election, which resolution amends the Constitution so as to authorize regional funding sources for transportation purposes. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2011.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Smith of the 129th, Smyre of the 132nd, and Porter of the 143rd move to amend the Senate substitute to HB 277 by striking all matter beginning on line 1 through the end of the bill and substituting in lieu thereof the following:
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the

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Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for the deposit of the proceeds of the special transportation sales and use tax into the Transportation Trust Fund; to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to authorize the imposition of a local option sales and use tax for transportation projects and costs within special districts; to establish special districts; to provide for definitions, procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding at the end thereof a new chapter to read as follows:
"CHAPTER 12
32-12-1. This chapter shall be known and may be cited as 'The Georgia 2020 Transportation Act.'
32-12-2. As used in this chapter, the term:
(1) 'Authority' means the entity that is the designated recipient of federal funds to be used for highway construction and other transportation purposes in this state. (2) 'Commission' means each metropolitan area planning and development commission activated prior to January 1, 1972, pursuant to Article 4 of Chapter 8 of Title 50. (3) 'Committee' means the Georgia 2020 Transportation Trust Fund Oversight Committee created by Article III, Section XI, Paragraph I of the Constitution and this chapter. (4) 'Cost of project' means the cost of construction, including relocation or adjustments of utilities; the cost of all lands, properties, rights, easements, and franchises acquired; relocation expenses; the cost of all machinery, equipment, vehicles and facilities necessary for the operation of the project; financing charges; interest prior to and during construction and for such a period of time after completion of construction as shall be deemed necessary to allow the earnings of the project to

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become sufficient to meet the requirements of the bond issue, if any; the cost of engineering, legal expenses, plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; operation and maintenance expenses; and such other expenses as may be necessary or incident to the financing authorized in this chapter, the construction of any project, the placing of the same in operation, and the operation and maintenance of the same. 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 fund or the proceeds of revenue bonds issued under this chapter. (5) 'Project' means any item or program identified under subsection (b) or (d) of Code Section 32-12-7. Project also means any facility or property, real, personal, or intangible, the lease, purchase, construction, operation, or maintenance of which is financed in whole or in part pursuant to a program identified in such subsections. (6) 'Revenue' or 'revenues' shall mean any and all moneys deposited into the trust fund, including without limitation funds derived from the additional special transportation sales and use tax authorized by Article III, Section XI of the Constitution and Chapter 8 of Title 48. (7) 'Trust fund' means the fund created by Article III, Section XI, Paragraph I of the Constitution and administered pursuant to the provisions of this chapter.
32-12-3. (a) There is created the Georgia 2020 Transportation Trust Fund Oversight Committee to be composed of three members appointed by the Governor, one of whom shall serve in either the Georgia House of Representatives or the Georgia Senate, one from the commission area, and one from outside the commission area, four members of the Georgia Senate appointed by the Lieutenant Governor, and four members of the Georgia House of Representatives appointed by the Speaker of the House of Representatives. Two members of the committee appointed by the Lieutenant Governor and the Speaker of the House of Representatives shall be from the commission area, and two members of the committee appointed by the Lieutenant Governor and the Speaker of the House of Representatives shall be from outside the commission area. At least one member of the General Assembly appointed by each of the foregoing appointing officials shall at the time of such appointment and thereafter be a member of a political party other than that of the appointing official. For the appointments from a political party other than that of the appointing official made by the Lieutenant Governor and the Speaker of the House of Representatives, the elected leader of the minority political party shall submit, in writing, the name of a nominee who is a member of his or her respective chamber from a political party other than that of the appointing official, which nominee shall be appointed. Members shall serve during their terms of office and until their successors are appointed and qualified. (b) In the event that any vacancy for any cause shall occur in the appointed membership of the committee, such vacancy shall be filled by an appointment made by

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the official authorized by law to make such appointment within 45 days of the occurrence of such vacancy. (c) The committee shall, by majority vote of those members present and voting, elect from their number a chairperson and vice chairperson who shall serve at the pleasure of the committee. In like manner, the committee shall also elect a secretary, who need not necessarily be a member of the committee, and who shall also serve at the pleasure of the committee. (d) The committee shall meet in regular session at least six days each year at the state capitol in Atlanta and at such other special meetings as may be called by the chairperson or by a majority of the members of the committee upon reasonable written notice to all members of the committee. Further, the chairperson of the committee is authorized from time to time to call meetings of subcommittees of the committee which are established by committee policy and to require the attendance of a member or members of the committee at places inside or outside the state when, in the opinion of the chairperson, the member or members of the committee are needed to attend properly to the committee's business. A majority of the committee shall constitute a quorum for the transaction of all business. Except as otherwise provided in this chapter, any power of the committee may be exercised by a majority vote of those members present at any meeting at which there is a quorum. (e) Service on the committee by employees of the state shall be a separate and distinct duty for which they shall receive no additional compensation. Other members of the committee shall receive no salary for service on the committee but shall receive for each day of actual attendance at meetings of the committee and the subcommittee meetings the per diem and transportation costs prescribed in Code Section 45-7-21, and a like sum shall be paid for each day actually spent in studying the transportation needs of the state or attending other functions as a representative of the committee, not to exceed 60 days in any calendar year, but no member shall receive such per diem for any day for which such member receives any other per diem pursuant to such Code section. In addition, members shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and study. Such per diem and expense shall be paid from the funds of the authority upon presentation, by members of the committee, of vouchers approved by the chairperson and signed by the secretary. (f) The committee shall be charged with oversight of the governance and administration of the trust fund. The committee may make such recommendations to and require such reports from the State Transportation Board, the authority, any other agency or instrumentality of the state, any political subdivision of the state, and any agency or instrumentality of such political subdivisions as it may deem appropriate and necessary from time to time in the interest of the trust fund. (g) Beginning January 1, 2012, and annually thereafter, the committee shall provide a report to the General Assembly of its actions during the previous year. The report shall be available for public inspection on the Internet. The report shall include, but not be limited to:

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(1) An update on the progress on each program listed in subsection (b) of Code Section 32-12-7, including the amount of funds spent on the program, if any; (2) An update on the amount deposited in the trust fund and the amount expended from the trust fund; and (3) A report on any new programs or projects not contained in subsection (b) of Code Section 32-12-7 that the committee has under consideration, including any concessions or public-private initiatives.
32-12-4. (a) All proceeds of the additional special transportation sales and use tax authorized by Article III, Section XI, Paragraph III of the Constitution and Chapter 8 of Title 48 for so long as such levy shall be required by Article III, Section XI, Paragraph III of the Constitution to be collected and deposited in the trust fund, and any income of investments of the trust fund, shall be deposited in the trust fund. (b) For any project or program listed in subsection (b) of Code Section 32-12-7, the authority is designated the proper entity to receive all federal-aid funds apportioned by or otherwise made available from the federal government under 23 U.S.C. (c) If any provisions of this chapter are inconsistent with or contrary to any laws, rules, regulations, or other requirements of the United States Department of Transportation or other federal agencies, the authority is authorized and empowered to waive such provisions of this chapter in order to resolve any such inconsistency or conflict, it being the purpose of this chapter to enable the authority to comply with any requirement of the federal government in order to procure all possible federal aid and assistance for the construction or maintenance of the public roads of Georgia and other public transportation purposes. (d) With respect to any preconstruction or postconstruction expenditure, contract, agreement, or action relating to a project or program listed in subsection (b) of Code Section 32-12-7 that requires compliance with federal laws and regulations, including without limitation the provisions of 23 U.S.C. Section 302 and implementing federal regulations relating thereto, the responsibility for such compliance shall be vested in the authority, acting by and through the executive director, who shall take all actions and execute all instruments reasonably necessary for compliance with such federal laws and regulations and the provisions of this chapter. (e) The authority is authorized, with the approval of the committee, to create such separate accounts within the trust fund as shall be required by law or deemed prudent and advisable from time to time, and funds deposited in any such accounts shall be deemed to be deposited in the trust fund for purposes of this chapter. (f) The authority is authorized, with the approval of the committee, to create such separate accounts outside the trust fund as shall be required by law or deemed prudent and advisable from time to time. All moneys received in such accounts of any nature whatsoever shall be deemed to be funds to be held in trust and applied solely for purposes of this chapter.

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(g) In the event that any funds of the trust fund are pledged for the payment of bonds of the authority, the bondholders paying or entitled to receive the benefits of such bonds of the authority shall have a lien on the funds of the trust fund and such subsidiary or other accounts as may be created from time to time pursuant to the provisions of this Code section until applied as provided for in any resolution or trust indenture of the authority. (h) The authority, in its discretion and with the approval of the committee, is charged with the duty of pledging, utilizing, or expending the trust fund for the following purposes:
(1) Pledges to the payment of any revenue bond issue requirements or sinking or reserve funds, as may be provided for under Article 2 of Chapter 10 of this title or other provisions of this chapter, where such bonds are issued for the financing of projects; (2) The payment of any outstanding unpaid revenue bond obligations or administrative expenses related to financing of projects; (3) The payment of costs of all or any part of projects; (4) The most advantageous obtainable redemptions and retirements of the authority's bonds issued for the financing of projects pursuant to the prepayment redemption privileges accorded to the authority upon the various issues of bonds outstanding; (5) The most advantageous open market purchase of the authority's bonds issued for the financing of projects that the authority may accomplish; (6) Investment in such securities and in such manner as it determines to be in its best interest; and (7) Subject to the terms of any resolution or trust indenture authorizing the issuance of revenue bonds for the financing of projects, if applicable, the disbursement of funds to any department, authority, instrumentality, or political subdivision of the state, with the approval of the board, to be used for the purposes of this chapter. (i) The disbursement of funds pursuant to paragraph (7) of subsection (h) of this Code section shall be subject to the provisions of Code Section 32-12-7 and to such terms and conditions as shall be imposed by the authority, with the approval of the committee. Such terms and conditions shall: (1) Be in the form of an agreement in writing between the authority and the recipient, executed by the executive director of the authority and the person or persons authorized to accept such agreement on behalf of the recipient; (2) Be entered in the minutes of the committee, the authority board, and the governing authority or board of the recipient, together with approval thereof by the committee, the authority board, and such governing authority or board; (3) Include provisions for the audit of expenditures of such disbursements and the reporting of the results of such audit to the authority, and requirements that such disbursements be expended only for purposes authorized by this chapter; and (4) Include provisions for the return of any part of such disbursement to the authority for deposit in the trust fund where the same is not expended and for reimbursement of the authority for any disbursements expended in substantial violation of the terms and conditions of the agreement.

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Unless otherwise expressly stated in a contract or other legal instrument granting a concession, all toll revenues collected by projects constructed under the provisions of paragraph (10) of subsection (b) of Code Section 32-12-7 shall be deposited in the trust fund until the amount deposited equals the amounts expended from the trust fund on such projects. (j) Disbursement of funds from the trust fund shall be by warrant of the treasurer of the authority to such operating, reserve, and other accounts as may be established from time to time for further disbursement from such accounts in accordance with procedures established by the authority and approved by the committee.
32-12-5. (a) The commissioner of transportation, the executive director of the authority, and the executive director of the Georgia Regional Transportation Authority or the commissioner or executive director of another successor agency or authority which may divest such agencies or authorities of their powers and the director of each metropolitan planning organization shall make annual recommendations to the committee for the expenditure of moneys deposited in the trust fund pursuant to the purposes authorized by this chapter. Such recommendations shall take into account:
(1) Congestion mitigation and traffic relief, including congestion mitigation and traffic relief goals established from time to time by the board of the authority and such public bodies within the state as may be authorized to establish such goals; (2) Air quality goals or requirements applicable by federal law to any region of the state; (3) Economic development needs of urban, rural, and coastal areas of the state; and (4) The efficient and economical application of available sources and methods of transportation finance to the transportation needs of the state. (b) The committee shall have the responsibility of annually allocating moneys available for the purposes of this chapter among the general categories of projects set forth in paragraph (5) of Code Section 32-12-2, subject to the provisions of Code Section 32-12-7. The authority shall have the responsibility of coordinating the negotiation and execution of such instruments and agreements as may be necessary or advisable for the disbursement of such moneys in general accordance with such annual allocation. In the event that any such proposed allocation is for any reason not feasible or practicable, it shall be the responsibility of the committee to provide for the reallocation of such allocation to a purpose provided for by this chapter taking into account the guidelines provided in paragraphs (1) through (4) of subsection (a) of this Code section. It is the intent of the General Assembly that there shall be expended from the funds deposited into the trust fund the maximum amount allowable under law in each fiscal year, subject to the provisions of this chapter.
32-12-6. (a) The authority shall not have the power to provide for the inclusion of any project in any state transportation improvement plan, regional transportation improvement plan,

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or other state, regional, or local transportation plan, but the authority shall be empowered to negotiate with the departments, agencies, and instrumentalities responsible for the development of such plans for the purpose of developing recommendations for the allocation of the funds of the trust fund or the proceeds of any bonds or obligations of the authority to projects included on such plans; provided, however, that no project shall be required to be included on any such plan unless otherwise provided by law. The inclusion of funds of the trust fund or the proceeds of bonds or obligations of the authority as proposed funding for any project included on any such plan shall not constitute a requirement, commitment, or obligation of the authority to provide such funding for such project unless approved by the committee, and the authority shall at all times retain discretionary authority over the expenditure of such funds and proceeds, subject to applicable law and such contracts, resolutions, or indentures as the authority board may approve from time to time. (b) As a condition of providing funding for any project the authority, with the approval of the committee, may require that the recipient of such funds apply all or any of such funds first to the reduction of any bonded indebtedness of the recipient until the retirement of all or any part of such bonded indebtedness.
32-12-7. (a) Funds allocated pursuant to this chapter derived from the proceeds of the additional special transportation sales and use tax collected under the provisions of Article III, Section XI, Paragraph III of the Constitution and Chapter 8 of Title 48 shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing, except as provided in this chapter. (b) An amount of funds from the trust fund equal to the lesser of $25 billion or the amount of the proceeds of the additional special transportation sales and use tax collected under the provisions of Article III, Section XI, Paragraph III of the Constitution and Chapter 8 of Title 48 for the first ten years of the collection of such tax less collection costs and other allocations provided for by law shall be expended or contractually committed to capital construction programs within 11 years of the first day of the fiscal year beginning July 1, 2011, or to operation and maintenance costs for transit or multimodal projects constructed under paragraph (4) or (5) or listed in paragraphs (18) through (25) of this subsection within 21 years of the first day of the fiscal year beginning July 1, 2011, prioritized based on the date of final permitting and approval by the authority:
(1) On a program of state-wide projects of regional significance to improve transportation routes among and between municipalities and regions outside the largest urban areas of the state including but not limited to:
S.R. 400 from S.R. 20 to I-285 North (managed lanes) S.R. 92 from I-75 South to I-75 North (including Third Army Road Interchange) S.R. 316 from Athens Loop to I-85 (grade separation and managed lanes) S.R. 20 from I-75 to S.R. 316

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I-575 from I-75 to S.R. 372 (including reconstruct interchange at Sixes Road) I-985 from I-85 to U.S. 129 (including new interchange at Martin Road, Exit 14); (2) On a program of state-wide economic development corridors to promote commerce and industry in underdeveloped areas of the state including but not limited to: S.R. 133 from U.S. 19 to I-75 (between Albany and Valdosta) Fall Line Freeway from Crawford Road to S.R. 68 U.S. 1 from I-16 to Altamaha River (including Lyons Bypass) S.R. 44 from I-20 to Linger-Longer S.R. 11 Monroe Bypass I-95 new interchange at Exit 82, Belfast-Siding Road I-95 reconstruct interchange at S.R. 99 (including the Golden Isles Parkway, Spur 25 Ext.); (3) On a program of state-wide freight route corridors to relieve congestion by removing truck traffic from urban areas and to improve the movement of freight into and across the state including but not limited to: U.S. 441 from I-16 to U.S. 29 (including transfer station in Dublin) U.S. 29 (Athens Loop) from U.S. 441 to S.R. 316 S.R. 96 from I-16 to Fort Valley U.S. 27 ALT. from I-185 to U.S. 27 (LaGrange Bypass) Effingham Parkway from S.R. 119 to S.R. 21 Jimmy DeLoach Parkway from S. R. 21 to Port Gate (Port Last Mile Project) U.S. 84 from Homerville to Waycross S.R. 25 bridge over the existing freight rail lines at the port in Garden City; (4)(A) On a program of grants for local transportation flex funds in the following communities located outside the commission area:
Augusta-Richmond Columbus-Muscogee Savannah Athens-Clarke Macon Albany Warner-Robins Valdosta Rome Gainesville Dalton Hinesville Newnan LaGrange Statesboro Griffin Carrollton

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Evans Milledgeville Thomasville Cartersville Dublin St. Mary's Americus Tifton Brunswick Moultrie Waycross Covington Calhoun; (B) Where a community lies within the boundaries of a municipal corporation, the municipal corporation shall be the recipient of the transportation flex funds. Where a community lies in an unincorporated area of a county, the county government shall be the recipient of the transportation flex funds. The county shall hold such funds in a separate account and such funds shall only be expended in the community that was the intended recipient of such funds. (5) On a program of grants for local transportation flex funds in counties contiguous to the commission area including: Forsyth Paulding Coweta; (6) On a program of road improvement grants to supplement local assistance road project grants in counties and cities located outside the commission area; (7) On a program of road improvement grants to supplement state-aid grants in counties and cities located outside the commission area; (8) On a program of unpaved road improvement grants to counties and cities located outside the commission area; (9) On a program of bridge improvement grants to counties and cities located outside the commission area; (10) On a program to provide for the addition and operation of managed traffic lanes serving the commission area including: The I-75 South Corridor beginning at Aviation Boulevard and ending at S.R. 155 The I-75 and I-575 Northwest Corridor, including lanes from I-285 at I-75 continuing north ending at Hickory Grove Road and from the I-75 at I-575 interchange north on I-575 ending at Sixes Road I-20 West from the interchange at Hamilton E. Holmes westward ending at S.R. 6; (11) On a program of interchange improvements to provide congestion mitigation on state and federal corridors serving the largest population concentrations in the state including but not limited to: I-75 and I-285 North (including Windy Hill Road and Kennedy)

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I-75 and I-16 I-20 and I-285 West I-20 and I-285 East GA 400 and I-285 (including Ashford Dunwoody collector-distributor system) GA 400 and I-85; (12) On a program for the negotiation and granting of a concession for the construction, improvement, and operation of a tolled roadway connection between Interstate 75 and Interstate 85 not less than 15 miles north of the northernmost point of Interstate 285; (13) On a program for the negotiation and granting of a concession for the construction, improvement, and operation of a roadway tunnel for the improvement of traffic flow along a north-south axis in the commission area; (14) On a program for the improvement of arterial roads and corridors of regional significance serving the commission area including but not limited to: Ashford Dunwoody-Perimeter Center East (DeKalb) Buford Highway, one project to cross through Fulton, DeKalb, and Gwinnett counties Commerce Crossing (Rockdale) Courtland Street Bridge reconstruction (Fulton) C.W. Grant/S.R. 3 Old Dixie Highway - grade separation (Clayton) Fayetteville East ByPass (Fayette) Fayetteville West ByPass (Fayette) Moores Mill/Bolton Road (Fulton) Old Alabama Road (Fulton) Panola Road (DeKalb) Sigman Road (Rockdale) Turner Hill Road (DeKalb) S.R. 316/Sugarloaf Interchange (Gwinnett) S.R. 140, to be divided into two projects, one in Fulton County and one in Cherokee County S.R. 141, one project to cross through Fulton and Gwinnett counties S.R. 155 (Henry) S.R. 162 Salem Road (Rockdale) S.R. 42 (Henry) S.R. 6, one project to cross through Douglas, Cobb, and Paulding counties S.R. 6 (Fulton) U.S. 19/Tara Boulevard, one project across Clayton, Henry, and Spalding counties U.S. 41 (Cobb) U.S. 41 including Chattahoochee River Bridge (Fulton); (15) On a program for the improvement of interchanges of regional significance serving the commission area including but not limited to: I-20 at Panola Road I-20 at S.R. 138 and S.R. 20

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I-285 at S.R. 9 I-285 at Bouldercrest Road I-285 at S.R. 155 I-285 at S.R. 280 I-285 at U.S. 278 I-75 at Aviation Boulevard I-75 at C.R. 824, also referred to as Jodeco Road I-85 at S.R. 138 I-85 at S.R. 324 I-85 at S.R. 74 S.R. 316 at Collins Hill Road and S.R. 20 I-75/I-85 at 15th Street Bridge and HOV Interchange; (16) On a program for the improvement of traffic management within the municipal boundaries of the City of Atlanta; (17) On a program to pay all or part of the costs of planning, surveying, constructing, improving, resurfacing, and completing public general aviation airports not serving commercial international flights; (18) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a suburban light rail transit system in the commission area to include: an East Line proceeding along I-20 from the Garnett Station to Turner Hill Road; a North Suburban Line beginning on or adjacent to the campus of Kennesaw State University proceeding south along I-75 to Smyrna; the North Perimeter Line along I-285 with a link to connect to the Dunwoody Station continuing along I-285 to the Doraville Station; and a Northeast Line proceeding north along I-85 to the general vicinity of Sugarloaf Parkway; (19) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking the area encompassed by the consolidated government of Athens-Clarke County with the commission area; (20) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking Atlanta with Cartersville, subject to the availability of federal funds; (21) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking Atlanta with Lovejoy; (22) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a commuter rail line linking Lovejoy with Griffin, subject to the availability of federal funds; (23) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a multimodal transportation hub integrating regional and state-wide modes of transportation within the City of Atlanta; (24) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating one or more streetcar lines within the City of Atlanta;

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(25) On a program to pay all or part of the costs of planning, surveying, constructing, improving, and operating a circulator transit system or 'Beltline' within the City of Atlanta; (26) On a program to provide for improved nonmotorized access to destinations served by transportation facilities; and (27) On a program to study the feasibility of a high-speed or magnetic levitation rail line for movement of passengers and freight linking the commission area to the Georgia Ports Authority Facilities on the Savannah River. Funds provided for the foregoing programs shall be additional and supplemental to funds otherwise allocated for any of such programs pursuant to appropriation or to applicable state or local transportation plans. In the event that two or more local governments receiving funds pursuant to the provisions of this subsection elect to expend all or part of such funds on one or more multijurisdictional projects which the authority deems is a project of regional significance, the authority, with the approval of the committee and upon joint application by such local governments, is authorized to provide matching funds, in addition to funds otherwise provided pursuant to this chapter, for such projects from funds available to the authority. (c) In the event that the amount available for expenditure from the trust fund pursuant to the provisions of subsection (b) of this Code section is less than $25 billion, and that such sum together with other available funds is inadequate to fund the full cost of one or more of the programs provided for in subsection (b) of this Code section, the authority shall: (1) Seek supplemental funding from any authorized state agency or authority, the General Assembly, or other sources sufficient to cover the difference between available funds and $25 billion; (2) Reduce by majority vote of the board of the authority, with the approval of the committee, the allocation to any individual programs identified in subsection (b) of this Code section in such sums as necessary to reduce the overall cost of such programs to the sum available; provided, however, that no program shall be reduced to a sum which the committee, by majority vote, determines to be insufficient to achieve reasonable results for such program; or (3) Eliminate by the vote of two-thirds of the members to which the board of the authority is entitled, with the approval of the committee, such programs as necessary to reduce the overall cost of such programs to the sum available; provided, however, that in the event of a reauthorization of the tax provided for under the provisions of Article III, Section XI, Paragraph III of the Constitution, such eliminated programs shall be reinstated and shall have first priority for expenditure of the proceeds of such reauthorized tax; provided, further, if such eliminated program is determined by the vote of two-thirds of the board of the authority and ratified by the vote of two-thirds of the committee to be infeasible to the extent that it not be reinstated, such project shall be eliminated from the program contained in subsection (b) of this Code section. Any decision of the board of the authority implementing the provisions of this paragraph, and of the committee approving such decision, shall cite the provisions of

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this paragraph and provide for the reinstatement of such programs as provided for in this paragraph. (d) In the event that the amount available for expenditure from the trust fund pursuant to the provisions of subsection (b) of this Code section is greater than $25 billion, or that such sum together with other available funds exceeds the amount necessary to fund the full cost of one or more of the programs provided for in subsection (b) of this Code section, including the maintenance and operating costs of the transit projects contained in paragraphs (18) through (25) of subsection (b) of this Code section, the authority shall institute such other and further programs as, in the opinion of the authority board and with the concurrence of the committee, will serve the purposes of this chapter."
SECTION 1-2. Said title is further amended by revising paragraph (15) of Code Section 32-10-63, relating to the powers of the State Road and Tollway Authority, as follows:
"(15) To do all things necessary or convenient to carry out the powers expressly given in this article or Chapter 12 of this title."
PART II SECTION 2-1. 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 48-8-3.1, relating to exemptions from sales and use taxes for motor fuels, as follows: "(a) Except as provided in subsection (b) of this Code section, sales of motor fuels as defined in paragraph (9) of Code Section 48-9-2 shall be exempt from the first 3 percent of the sales and use taxes levied or imposed by this article and shall be subject to the remaining 1 percent of the sales and use taxes levied or imposed by this article and shall be subject to the 1 percent additional special transportation sales and use tax. (b) Sales of motor fuel other than gasoline which motor fuel other than gasoline is purchased for purposes other than propelling motor vehicles on public highways as defined in Article 1 of Chapter 9 of this title shall be fully subject to the 4 percent sales and use taxes levied or imposed by this article unless otherwise specifically exempted by this article and shall be subject to the 1 percent additional special transportation sales and use tax."
SECTION 2-2. Said title is further amended by revising Code Section 48-8-30, relating to the rate and imposition of the state sales and use tax, as follows:
"48-8-30. (a) There is levied and imposed a tax on the retail purchase, retail sale, rental, storage, use, or consumption of tangible personal property and on the services described in this article.
(b)(1) Every purchaser of tangible personal property at retail in this state shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the

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purchase and an additional special transportation sales and use tax at the rate of 1 percent of the sales price of the purchase. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person making a sale or sales of tangible personal property at retail in this state shall be a retailer and a dealer and shall be liable for a tax on the sale at the rate of 4 5 percent of the gross sale or gross sales, or the amount of taxes collected by him or her from his or her purchaser or purchasers, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. (c)(1) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 4 percent of the cost price and an additional special transportation sales and use tax at the rate of 1 percent of the cost price, except as provided in paragraph (2) of this subsection. (2) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state and used outside this state for more than six months prior to its first use within this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 4 percent of the cost price or fair market value of the property, whichever is the lesser and an additional special transportation sales and use tax at the rate of 1 percent of the cost price or fair market value of the property, whichever is the lesser. (3) This subsection shall not be construed to require a duplication in the payment of the tax. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. (c.1)(1) Every purchaser of tangible personal property at retail outside this state from a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, when such property is to be used, consumed, distributed, or stored within this state, shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase and an additional special transportation sales and use tax at the rate of 1 percent of the sales price of the purchase. It shall be prima-facie evidence that such property is to be used, consumed, distributed, or stored within this state if that property is delivered in this state to the purchaser or agent thereof. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, and who makes any sale of tangible personal property at retail outside this state which property is to be delivered in this state to a purchaser or purchaser's agent shall be a retailer and a dealer for purposes of this article and shall be liable for a tax on the sale at the rate of 4 5 percent of such gross sales or the

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amount of tax as collected by that person from purchasers having their purchases delivered in this state, whichever is greater. (2) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax. (d)(1) Every person to whom tangible personal property in the state is leased or rented shall be liable for a tax on the lease or rental at the rate of 4 percent of the gross lease or rental charge and an additional special transportation sales and use tax at the rate of 1 percent of the gross lease or rental charge. The tax shall be paid to the person who leases or rents the property by the person to whom the property is leased or rented. A person who leases or rents property to others as a dealer under this article shall remit the tax to the commissioner as provided in this article. When received by the commissioner, the tax shall be a credit against the tax imposed on the person who leases or rents the property to others. Every person who leases or rents tangible personal property in this state to others shall be a dealer and shall be liable for a tax on the lease or rental at the rate of 4 5 percent of the gross lease or rental proceeds, or the amount of taxes collected by him or her from persons to whom he or she leases or rents tangible personal property, whichever is greater. (2) No lease or rental shall be taxable to the person who leases or rents tangible property to another which is not taxable to the person to whom the property is leased or rented. (3) The lessee of both taxable and exempt property in this state under a single lease agreement containing a lease period of ten years or more shall have the option to discharge in full all sales and use taxes imposed by this article relating to the tangible personal property by paying in a lump sum 4 5 percent of the fair market value of the tangible personal property at the date of inception of the lease agreement in the same manner and under the same conditions applicable to sales of the tangible personal property. (e) Upon the first instance of use within this state of tangible personal property leased or rented outside this state, the person to whom the property is leased or rented shall be a dealer and shall be liable for a tax at the rate of 4 percent of the rental charge paid to the person who leased or rented the property and an additional special transportation sales and use tax at the rate of 1 percent of the rental charge, subject to the credit authorized for like taxes previously paid in another state. (e.1)(1) Every person who leases, as lessor, or rents tangible personal property outside this state for use within this state shall be liable for a tax at the rate of 4 percent of the rental charge paid for that lease or rental and an additional special transportation sales and use tax at the rate of 1 percent of the rental charge paid for that lease or rental, if that person is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, and title to that property remains in that person. It shall be prima-facie evidence that such property is to be used within this state if that property is delivered in this state to the lessee or renter of such property, or to the

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agent of either. The tax shall be paid by the lessee or renter and payment of the tax shall be made to the lessor or person receiving rental payments for that property, which person shall be the dealer for purposes of this article. The dealer shall remit the tax to the commissioner as provided in this article and, when received by the commissioner, the tax shall be a credit against the tax imposed on the dealer. Every person who is a dealer, as defined in subparagraph (H) of paragraph (3) of Code Section 48-8-2, and who leases or rents tangible personal property outside this state to be delivered in this state to the lessee, renter, or agent of either shall be a dealer and shall be liable as such for a tax on the lease or rental at the rate of 4 5 percent of the gross proceeds from such leases or rentals or the amount of taxes collected by that dealer for leases or rentals of tangible personal property delivered in this state, whichever is greater. (2) No lease or rental shall be taxable to the dealer which is not taxable to the lessee or renter. The tax imposed by this subsection shall be subject to the credit granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of the tax. (f)(1) Every person purchasing or receiving any service within this state, the purchase of which is a retail sale, shall be liable for tax on the purchase at the rate of 4 percent of the gross charge or charges made for the purchase and an additional special transportation sales and use tax at the rate of 1 percent of the gross charge or charges made for the purchase. The tax shall be paid by the person purchasing or receiving the service to the person furnishing the service. The person furnishing the service, as a dealer under this article, shall remit the tax to the commissioner as provided in this article; and, when received by the commissioner, the tax shall be a credit against the tax imposed on the person furnishing the service. Every person furnishing a service, the purchase of which is a retail sale, shall be a dealer and shall be liable for a tax on the sale at the rate of 4 5 percent of the gross charge or charges made for furnishing the service, or the amount of taxes collected by him or her from the person to whom the service is furnished, whichever is greater. (2) No sale of services shall be taxable to the person furnishing the service which is not taxable to the purchaser of the service. (g) Whenever a purchaser of tangible personal property under subsection (b) or (c.1) of this Code section, a lessee or renter of the property under subsection (d) or (e.1) of this Code section, or a purchaser of taxable services under subsection (f) of this Code section does not pay the tax imposed upon him or her to the retailer, lessor, or dealer who is involved in the taxable transaction, the purchaser, lessee, or renter shall be a dealer himself or herself and the commissioner, whenever he or she has reason to believe that a purchaser or lessee has not so paid the tax, may assess and collect the tax directly against and from the purchaser, lessee, or renter, unless the purchaser, lessee, or renter shows that the retailer, lessor, or dealer who is involved in the transaction has nevertheless remitted to the commissioner the tax imposed on the transaction. If payment is received directly from the purchaser, it shall not be collected a second time from the retailer, lessor, or dealer who is involved.

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(h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross proceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept separately, the tax shall be paid as a retailer or dealer on the gross sales of the business. For the purpose of this Code section, all sales through any one vending machine shall be treated as a single sale. The gross proceeds for reporting vending sales shall be treated as if the tax is included in the sale and the taxable proceeds shall be net of the tax included in the sale. (i) The tax levied by this Code section is in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied. (j) In the event any distributor licensed under Chapter 9 of this title purchases any motor fuel on which the prepaid state tax or prepaid local tax or both have been imposed pursuant to this Code section and resells the same to a governmental entity that is totally or partially exempt from such tax under paragraph (1) of Code Section 48-8-3, such distributor shall be entitled to either a credit or refund. The amount of the credit or refund shall be the prepaid state tax or prepaid local tax or both rates for which such governmental entity is exempt multiplied by the gallons of motor fuel purchased for its exclusive use. To be eligible for the credit or refund, the distributor shall reduce the amount such distributor charges for the fuel sold to such governmental entity by an amount equal to the tax from which such governmental entity is exempt. Should a distributor have a liability under this Code section, the distributor may elect to take a credit for those sales against such liability. (k) The prepaid local tax shall be imposed at the time tax is imposed under subparagraph (b)(2)(B) of Code Section 48-9-14. (l) An amount equal to the proceeds of the 1 percent additional special transportation sales and use tax levied by this Code section shall be paid over by the commissioner after collection to the treasurer of the State Road and Tollway Authority pursuant to Article III, Section XI, Paragraph III of the Constitution and the provisions of Chapter 12 of Title 32 for deposit into the trust fund authorized by such provisions for so long as authorized by Article III, Section XI, Paragraphs III and IV of the Constitution. In the event that the levy of said 1 percent additional special transportation sales and use tax and the deposit thereof into such fund shall be disapproved at any time pursuant to the provisions of Article III, Section XI, Paragraphs III and IV of the Constitution, it shall be the duty of the commissioner to provide by rule and regulation for the cessation of the levy of such 1 percent additional special transportation sales and use tax and the reduction of the rate of the tax levied by this Code section to 4 percent as of the date provided for by such Paragraph, regardless of whether the General Assembly shall provide by law for such reduction. In the event that, pursuant to the provisions of such Paragraph, such levy and deposit of such 1 percent additional special transportation sales and use tax shall thereafter be approved, it shall be the duty of the commissioner

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to provide by rule and regulation for the reinstitution of such levy and the increase of the rate of the tax provided for by this Code section to the rate of 5 percent as of the date provided for by such Paragraph, regardless of whether the General Assembly shall provide by law for such reinstitution."
SECTION 2-3. Said title is further amended by revising Code Section 48-8-32, relating to collection of the tax from dealers, as follows:
"48-8-32. The tax at the rate of 4 5 percent of the retail sales price at the time of sale or 4 5 percent of the cost price at the time of purchase, as the case may be, shall be collectable from all persons engaged as dealers in the sale at retail, or in the use, consumption, distribution, or storage for use or consumption in this state of tangible personal property."
SECTION 2-4. Said title is further amended by revising Code Section 48-8-43, relating to the disposition of certain excess taxes, as follows:
"48-8-43. When the tax collected for any period is in excess of 4 5 percent, the total tax collected shall be paid over to the commissioner less the compensation to be allowed the dealer."
SECTION 2-5. Said title is further amended by revising subsection (e) of Code Section 48-8-63, relating to the payment of the tax by certain contractors, as follows:
"(e)(1) Any subcontractor who enters into a construction contract with a general or prime contractor shall be liable under this article as a general or prime contractor. Any general or prime contractor who enters into any construction contract or contracts with any nonresident subcontractor, where the total amount of such contract or contracts between such general or prime contractor and any nonresident subcontractors on any given project equals or exceeds $250,000.00, shall withhold up to 4 5 percent of the payments due the nonresident subcontractor in satisfaction of any sales or use taxes owed this state. (2) The prime or general contractor shall withhold payments on all contracts that meet the criteria specified in paragraph (1) of this subsection until the nonresident subcontractor furnishes such prime or general contractor with a certificate issued by the commissioner showing that all sales taxes accruing by reason of the contract between the nonresident subcontractor and the general or prime contractor have been paid and satisfied. If the prime or general contractor for any reason fails to withhold up to 4 5 percent of the payments due the nonresident subcontractor under their contract, such prime or general contractor shall become liable for any sales or use taxes due or owed this state by the nonresident subcontractor."

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SECTION 2-6. Said title is further amended by revising paragraphs (3.1), (4.1), and (5.1) of subsection (a) of Code Section 48-13-51, relating to the excise tax on rooms, lodgings, and accommodations, as follows:
"(3.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center authority has been created by intergovernmental contract between a county and one or more municipalities located therein, and which trade and convention center authority is in existence on or before March 21, 1988, and which trade and convention center authority has not constructed or operated any facility before March 21, 1988, 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 (3.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a trade and convention center, exhibit hall, conference center, performing arts center, accommodations facilities including food service, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local trade and convention center authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 6 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (3.1). 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, a local building authority created by local constitutional amendment, and a trade and convention center authority created by intergovernmental contract between a county and one or more municipalities located therein, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities. The aggregate amount of all excise taxes imposed under this paragraph (3.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 14 percent. Any tax levied pursuant to this paragraph (3.1) shall terminate not later than December 31, 2029, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (3.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (3.1) shall not be diminished or impaired by the state and no county or municipality levying the tax

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imposed by this paragraph (3.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a building authority created by local constitutional amendment, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (3.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a building authority created by local constitutional amendment for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the building authority created by local constitutional amendment and any obligation of the building authority created by local constitutional amendment to refund any prior obligation of the building authority created by local constitutional amendment, 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; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (3.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (3.1) by a building authority created by local constitutional amendment." "(4.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality within a county in which a coliseum authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 1963, for the purpose of owning or operating a facility, may levy a tax under this Code section at a rate of 7 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 (4.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a facility owned or operated by such coliseum authority; or (C) 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, a local coliseum authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph (4.1) and all sales and use taxes, and other taxes imposed by a county or

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municipality, or both, shall not exceed 12 13 percent. Any tax levied pursuant to this paragraph (4.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1995, issued to fund a facility as contemplated by this paragraph (4.1), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (4.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (4.1) shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (4.1), the term: 'fund' and 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum authority for the construction, renovation, and operation of a facility 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 a local coliseum authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1995, and having an initial term of not more than 30 years; and 'facility' shall mean a coliseum or other 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 or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local coliseum authority." "(5.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a rate of 8 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 (5.1)) an amount equal to at least 62 1/2 percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and performing arts purposes and other

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events and activities for similar and related purposes, acquiring the necessary property therefor, both real and personal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority or a downtown development authority; or (C) for some combination of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). 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, a local coliseum and exhibit hall authority, a downtown development authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, notwithstanding any provision of paragraph (8) of this subsection to the contrary. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 14 percent; provided, however, that any sales tax for educational purposes which is imposed pursuant to Article VIII, Section VI, Paragraph IV of the Constitution shall not be included in calculating such limitation. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (5.1), secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority or a downtown development authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: 'fund' or 'funding' shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority or a downtown development authority for the construction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall authority or the downtown development authority and any obligation of the local coliseum and exhibit hall authority or the downtown development authority to refund any prior obligation of the local coliseum and exhibit hall authority or the downtown development authority, 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; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay

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or reserve moneys and having an initial term of not more than 37 years; 'facility' or 'facilities' shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this paragraph (5.1) by a local coliseum and exhibit hall authority or a downtown development authority; and 'downtown development authority' shall mean a downtown development authority created by local Act of the General Assembly for a municipality pursuant to a local constitutional amendment."
PART III SECTION 3-1. 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. As used in this article, the term:
(1) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (2) 'District' means the special transportation districts created in Code Section 48-8222. (3) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution between a county, multiple counties, and one or more qualified municipalities located within the district containing a combined total of no less than 50 percent of the aggregate municipal population located within the district. Such an agreement may include the elements specified in subparagraphs (b)(1)(A) through (b)(1)(H) of Code Section 48-8-115, as modified to meet the characteristics of the district. (4) 'Levy' means the district-wide sales and use tax authorized by Code Section 48-8221. (5) 'Qualified municipality' means a qualified municipality as defined in Code Section 48-8-110 situated wholly or partly within a district. (6) 'Transportation project' or 'transportation purpose' means, without limitation, roads and bridges, freight and passenger rail, airports, public transit, buses, seaports, and all activities and structures useful and incident to providing, operating, and maintaining the same; provided, however, that transportation project or transportation purpose shall not include projects which are inconsistent with any state-wide strategic transportation plan adopted by the General Assembly.
48-8-221. (a) On and after January 1, 2011, a single sales and use tax of up to 1 percent may be levied as provided in this article to fund transportation projects in a district.

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(b) A county shall be wholly within one transportation district. No county shall be divided among more than one district. The boundaries of the districts shall be otherwise as determined by the constituent counties. (c) After the formation of a special transportation district but prior to the passage of the resolution calling for imposition of the tax authorized by this article, the governing authority of any county sharing a boundary with any county within a district may by resolution opt into such district. Prior to the county governing authority's vote to opt into the district, the county shall follow the procedures of paragraph (2) of subsection (a) of Code Section 48-8-222 for meeting with all of the qualified municipalities. In order to add the county to the district, the governing authorities of the counties within the district must concur. Not less than ten days prior to a vote on a resolution for such purpose, notice of the intention of a county to opt into the district shall be transmitted by the governing authority of such county to the governing authority of each qualified municipality within the county proposing to opt into the district and to the governing authority of each other county within such district.
48-8-222. (a)(1) Special transportation districts may be created by the governing authorities of two or more contiguous counties or by the governing authority of a single county. (2) Prior to the issuance of the call for the referendum required by Code Section 488-223, the county or counties that desire to levy a tax under this article within the special transportation district created pursuant to this Code section shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. (b)(1) Following the meeting required by paragraph (2) of subsection (a) of this Code section, the governing authority of the county or counties within the district shall enter into an intergovernmental agreement with each other and with any or all qualified municipalities within the district containing a combined total of no less than 50 percent of the aggregate municipal population located within the district. (2) At a minimum, the intergovernmental agreement authorized by paragraph (1) of this subsection shall include the following: (A) A list of the projects and proposals qualifying as transportation purposes proposed to be funded from the levy; (B) The estimated or projected dollar amounts allocated for each project from proceeds from the levy; (C) The procedures for distributing proceeds from the levy to qualified municipalities;

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(D) A schedule for distributing proceeds from the levy to qualified municipalities which shall include the priority or order in which projects will be fully or partially funded; (E) A provision that all transportation projects included in the agreement shall be funded from proceeds from the levy except as otherwise agreed; (F) A provision that proceeds from the levy shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this article; and (H) Such other provisions as the county, counties, and qualified municipalities choose to address. (c)(1) As soon as practicable after the meeting between the governing authorities of the county or counties and qualified municipalities and the execution of an intergovernmental agreement, if applicable, the governing authority of the county or counties of the district may by a majority vote on a resolution offered for such purpose submit the project list and the question of whether the levy should be approved to electors of the district in an election called for such purpose and shall notify each county election superintendent within the district by forwarding to the superintendent a copy of such resolution calling for the imposition of the levy. (2) The resolution authorized by paragraph (1) of this subsection shall describe: (A) The specific transportation projects to be funded; (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; and (C) The maximum period of time, to be stated in calendar years, for which the levy may be levied and the rate thereof.
48-8-223. (a) Except as otherwise provided in this Code section, the procedures for conducting the referendum on the question of imposing the levy shall correspond generally to the procedures provided for by Part 1 of Article 3 of this chapter, except that the project or proposal list provided for by Code Section 48-8-222, or a digest thereof, shall be available during regular business hours in the office of the county clerk of each county that has authorized the levy.
(b)(1) The ballot submitting the question of the imposition of the levy to the voters within the district shall have written or printed thereon the following:
'( ) YES Shall a special ___ percent sales and use tax be imposed in the special transportation district consisting of _______County (or Counties) for a
( ) NO period of time not to exceed _______ and for the raising of not more than an estimated amount of $_______ for the purpose of transportation?'
(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:

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'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (c) The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the levy shall vote 'Yes' and all persons opposed to imposing the levy shall vote 'No.' If more than one-half of the votes cast throughout the entire district are in favor of imposing the levy, then the levy shall be imposed as provided in this article. (d) Where such question is not approved by the voters, the county or counties of the district may resubmit such question from time to time and may amend such project or proposal list or digest thereof. Proceedings for the reimposition of such levy shall be in the same manner as proceedings for the initial imposition of the levy, but the newly authorized levy shall not be imposed until the expiration of the levy then in effect. (e)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of each county within the district may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county or counties from the levy. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of each county; and any liability on such debt which is not satisfied from the proceeds of the levy shall be satisfied from the general funds of each county. (f) Whenever the levy is authorized pursuant to the provisions of this article, the county or counties within the approving district shall levy a sales and use tax as provided for by this article, to be collected as provided by law.

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48-8-224. (a) If the imposition of the levy is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the levy was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the levy shall apply to services billed on or after the effective date specified in the previous sentence. (b) The levy shall cease to be imposed on the earliest of the following dates:
(1) If the resolution calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the levy; or (3) As of the end of the calendar quarter during which the commissioner determines that the levy will have raised revenues sufficient to provide to the district net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the levy. (c)(1) At any time, no more than a single 1 percent tax under this article may be imposed within a district. (2) The governing authority of the county or counties within a district in which a levy is in effect may, while the levy is in effect, adopt resolutions calling for the reimposition of the levy upon the termination of the levy then in effect; and a special election may be held for this purpose while the levy is in effect. Proceedings for the reimposition of a levy shall be in the same manner as proceedings for the initial imposition of the levy, but the newly authorized levy shall not be imposed until the expiration of the levy then in effect. (3) Following the expiration of a levy under this article, the county or counties within district may initiate proceedings for the reimposition of a levy under this article in the same manner as provided in this article for initial imposition of such levy.
48-8-225. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county or counties and qualified municipalities within the district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the

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amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
48-8-226. Reserved.
48-8-227. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale.
48-8-228. The proceeds of the tax collected by the commissioner in each county under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed pursuant to the terms of the intergovernmental agreement.
48-8-229. The levy shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing.
48-8-230. (a) The levy shall only be levied on the first $5,000.00 of any transaction regarding a motor vehicle, watercraft, or aircraft. (b) The levy 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, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, '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

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(4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale.
48-8-231. Except as otherwise specifically provided in this article, the levy shall be subject to any sales and use tax exemption which is otherwise imposed by general law; provided, however, that such levy shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3.
48-8-232. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the levy due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the levy for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county.
48-8-233. No levy shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the levy is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.
48-8-234. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the levy.
48-8-235. Except as provided in Code Section 48-8-6, the levy shall be in addition to any other local sales and use tax. Except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county shall not affect the authority of a county to impose the levy and the imposition of the levy shall not affect the imposition of any otherwise authorized local sales and use tax within the county.

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48-8-236. (a)(1) The proceeds received from the levy shall be used by the county or counties and qualified municipalities within the district exclusively for the transportation projects and costs specified in the resolution calling for imposition of the levy. Such proceeds shall be kept in a separate account from other funds of any county and qualified municipality receiving proceeds of the levy and shall not in any manner be commingled with other funds of any county or qualified municipality prior to the expenditure. (2) The governing authority of each county and the governing authority of each qualified municipality receiving any proceeds from the levy pursuant to the intergovernmental agreement with the county shall maintain a record of each and every purpose for which the proceeds of the levy are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the levy the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole.
(b) No general obligation debt shall be issued in conjunction with the imposition of the levy unless each county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the levy net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by each county from the levy. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of each county; and any liability on said debt which is not satisfied from the proceeds of the levy shall be satisfied from the general funds of the county. (c) The intergovernmental agreement and resolution calling for imposition of the levy may specify that all of the proceeds of the levy will be used for payment of general obligation debt issued in conjunction with the imposition of the levy. If the intergovernmental agreement and resolution so provide, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (d) The intergovernmental agreement and resolution calling for the imposition of the levy may specify that a part of the proceeds of the levy will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the intergovernmental agreement and resolution so provide, they shall specifically state the other purposes for which such proceeds will be used. In such a case no part of the net proceeds from the levy received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the levy are placed.

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(e) The resolution calling for the imposition of the levy may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used.
(f)(1)(A) If the proceeds of the levy are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the levy, then any net proceeds of the levy in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection. (B) If the district receives from the levy net proceeds in excess of the maximum cost of the transportation projects and costs stated in the resolution calling for the imposition of the levy or in excess of the actual cost of such purpose or purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-224 by reason of denial of validation of debt, then all net proceeds received by the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of any county, counties, or qualified municipality within the district other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such county, counties, or qualified municipality, it being the intent that any funds so paid into the general fund of such county, counties, or qualified municipality be used for the purpose of reducing ad valorem taxes.
48-8-237. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the levy under this article shall publish annually, in a newspaper of general circulation in the boundaries of such local government, a simple, nontechnical report which shows for each purpose in the resolution calling for imposition of the levy the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the local government intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose."
PART IV SECTION 4-1.

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Parts I and II of this Act shall become effective on January 1, 2011, only if an amendment to the Constitution to approve the levy of a 1 percent additional special transportation sales and use tax to be deposited into a trust fund for purposes of transportation as set forth in such amendment is ratified by the voters at the November, 2010, general election. If such an amendment is not so ratified, Parts I and II of this Act shall not become effective and shall stand repealed on January 1, 2011. Part III of this Act shall become effective on January 1, 2011, only if Parts I and II stand repealed on January 1, 2011. This part shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 129th moved that the House agree to the Senate substitute, as amended by the House, to HB 277.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker N Barnard N Battles N Bearden N Beasley-Teague N Benfield Y Benton
Black Y 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
Cheokas Y Coan Y Cole Y Coleman

N Crawford Y Davis, H N Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley N Drenner Y Dukes E Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox N Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas

Y Manning Y Marin Y Martin Y Maxwell
May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey E Randall N Reece

Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor
Teilhet N Thomas Y Thompson Y Walker Y Weldon Y Wilkinson E Willard Y Williams, A N Williams, E Y Williams, M

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Y Collins, D N Collins, T Y Cooper E Cox

Y Harden, B N Harden, M N Hatfield N Heard

Y Lunsford Y Maddox, B Y Maddox, G E Mangham

On the motion, the ayes were 125, nays 39.

Y Reese Y Rice Y Roberts Y Rogers

Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Pruett of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Kaiser of the 59th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:

A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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.

The following Senate substitute was read:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for a 1 percent regional local option sales and use tax for a specified period of time to fund specific transportation projects; 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 a new Paragraph V to read as follows:

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"Paragraph V. Regional Local Option Transportation Tax. (a) The General Assembly is authorized to provide by general law for a regional local option transportation sales and use tax of up to 1 percent to fund transportation projects. Such general law shall provide for the manner and method of imposing the tax and shall provide for all of the following:
(1) The duration and exemptions of the tax levied under this Paragraph; (2) The levy of a tax under this Paragraph by the county governing authority participating in a special transportation district if such tax is approved in a referendum; (3) The qualifying transportation projects to be funded by the tax levied under this Paragraph, including but not 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; (5) The creation of special transportation districts; (6) Prior to calling for any referendum to levy the tax under this Paragraph, the developing and publishing of a list of transportation projects to be funded within the special transportation district;
(7) The requirement that all of the funds collected pursuant to the levy of the tax under this Paragraph shall be spent on transportation 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 levied under this Paragraph 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 levied pursuant to this Paragraph shall not be subject to and shall not count toward 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 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 allow a regional local option sales tax of up to 1 percent to be used to fund transportation
( ) NO projects within the region from which the funds are collected?"
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.

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The following amendment was read and adopted:
Representatives Smith of the 129th, Smyre of the 132nd, and Porter of the 143rd move to amend the Senate substitute to HR 206 by striking it in its entirety and substituting in its place the following:
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 the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for purposes and limitations on expenditures from such trust fund; to provide for the periodic submission of the continuance of such levy to the people for approval or disapproval; to provide for the authority of the General Assembly with respect to the foregoing; 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. Article III, Section IX, Paragraph VI of the Constitution is amended 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. And subparagraph; provided, however,

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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 appropriated for all transportation purposes, including public transit. Transportation purposes shall also include, but not be limited to, 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."
SECTION 1. The Constitution is amended by adding at the end of Article III thereof a new Section XI to read as follows:
"SECTION XI. TRANSPORTATION TRUST FUND
Paragraph I. Transportation Trust Fund; Georgia 2020 Transportation Trust Fund Oversight Committee. (a) There is created a trust fund of perpetual duration for use in all activities incident to providing an adequate system of transportation in this state. Revenues raised, collected, or appropriated for purposes of the fund shall be paid into and disbursed from the fund as provided by general law without being subject to the limitations of Article III, Section IX, Paragraph I; Article III, Section IX, Paragraph IV(c); Article III, Section IX, Paragraph VI(a); or Article VII, Section III, Paragraph II. The General Assembly is authorized to appropriate moneys to the fund, but no moneys subject to the provisions of Article III, Section IX, Paragraph VI(b) shall be appropriated to the fund. Toll revenues generated by any project funded in whole or in part by the fund may be paid into the fund as provided by general law. The funds in the fund shall be as fully invested as is practicable, consistent with the requirements to make disbursements therefrom, and the return from such investments shall be deposited in the fund for further investment or disbursement. The governance of the fund shall be vested in the Georgia 2020 Transportation Trust Fund Oversight Committee created in subparagraph (c) of this Paragraph and such other agency or authority as provided by general law.

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(b) The expenditure of moneys paid into the fund shall be subject to all the rules, regulations, and restrictions otherwise imposed on the expenditure of appropriations by provisions of this Constitution and laws of this state, unless such provisions are in conflict with the provisions of this section. 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. (c) There shall be a Georgia 2020 Transportation Trust Fund Oversight Committee which shall consist of three members appointed by the Governor, four members appointed by the Lieutenant Governor, and four members appointed by the Speaker of the House of Representatives. At least one member appointed by each of the foregoing appointing officials shall at the time of such appointment and thereafter be a member of the minority caucus of the Georgia Senate or the Georgia House of Representatives. Members shall serve during the term of office of their appointing officer and until their successors are appointed and qualified. The other qualifications, compensation, and removal from office of appointed members shall be as provided by general law. The committee shall be charged with the general oversight of the governance and administration of the Transportation Trust Fund and with such other powers and duties as provided by general law. Paragraph II. Transportation Trust Fund; administration. (a) The maintenance and administration of the Transportation Trust Fund and the direction of disbursements therefrom shall be vested in an agency or authority as provided by general law. The agency or authority shall disburse proceeds from the fund for the following purposes as provided by general law, which may specify projects and programs and areas or political subdivisions of the state:
(1) To fund the federal-aid and state highway systems; (2) To fund a program of local assistance to counties and municipalities to pay all
or part of the costs of planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (3) To fund the rehabilitation and replacement of deficient, hazardous, unsafe, or inadequate bridges throughout the state; (4) To supplement operating costs of local public transit and bus systems; (5) To fund a program of local assistance to counties and municipalities to pay all or part of the costs of planning, surveying, constructing, improving, resurfacing, and completing public general aviation airports; (6) To fund the study and implementation of high-speed intrastate and interstate passenger rail and freight rail services; (7) To fund the costs of planning, surveying, constructing, improving, paving, and completing high-occupancy toll lane systems, managed lane systems, and truck only toll lane systems on the federal-aid and state highway systems; and (8) To fund such other public transportation purposes as may be provided for by general law.

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(b) Disbursements from the fund or from the proceeds of bonds or other instruments repayable from the fund shall not be subject to any allocation or distribution formulas applicable to funds subject to the provisions of Article III, Section IX, Paragraph VI(b). No law shall be enacted that causes any such allocation or distribution of funds subject to such provision to take into account any disbursements from the fund or from the proceeds of such bonds or other instruments. (c) The agency or authority administering the fund is authorized to operate on an accrual basis and disburse moneys from the fund from time to time to departments, authorities, instrumentalities, and political subdivisions of the state for the purposes of this Paragraph, subject to such terms and conditions as it, with the approval of the Georgia 2020 Transportation Trust Fund Oversight Committee, shall impose or which shall be provided by general law, but no moneys may be appropriated from the fund. All such departments, authorities, instrumentalities, and political subdivisions are authorized to receive such disbursements on such terms and conditions, and such disbursements, if unexpended as provided by general law, shall lapse to the fund and not to the general fund. Paragraph III. Levy for purposes of the Transportation Trust Fund; terms, conditions, and disposition of proceeds. From January 1 of the year following the year of the ratification of the amendment which added this section to this article and for a period of ten years thereafter there shall be a levy of 1 percent as a sales and use tax in this state. Such levy shall be imposed and collected as provided for by general law; provided, however, that should Georgia law or this Constitution be amended to eliminate such state sales and use tax, said levy of 1 percent shall continue to be imposed in the same manner and subject to the same terms and conditions in effect immediately prior to the effective date of the Act or amendment eliminating such state sales and use tax until terminated as provided by this section. The proceeds of such levy shall be deposited into the fund created by Paragraph I of this section. Paragraph IV. Submission of levy for reapproval. The General Assembly may provide by a two thirds' vote of the House of Representatives and the Senate that at the general election occurring in the tenth year following the year of the ratification of the amendment which added this section to this article a proposal for the approval of the continuation of the levy imposed pursuant to Paragraph III of this section shall be submitted to the electors of the entire state qualified to vote for members of the General Assembly. If such proposal is approved by a majority of such electors, then such levy shall be continued for a period of ten years commencing on January 1 of the year following such approval. If such proposal is not so approved, then such levy shall not be continued pursuant to such Paragraph notwithstanding any provision of law unless subsequently resubmitted to such electors and so approved. The General Assembly may provide by general law for such resubmission at a general election, and if approved such levy shall be reimposed notwithstanding any provision of law and the year of such approval shall be considered the year of the ratification of the amendment which added this section for purposes of this Paragraph."

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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 Georgia's transportation system be improved throughout the state through an amendment to the Georgia Constitution to provide for a 1
( ) NO percent state-wide transportation sales tax and a requirement that currently collected motor fuel tax revenue be used for transportation?"
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 agree to the Senate substitute, as amended by the House, to HR 206.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker N Barnard Y Battles N Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Brooks N Bruce Y Bryant Y 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

N Crawford Y Davis, H N Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley N Drenner Y Dukes E Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton
Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S E Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox N Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas

Y Manning Y Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal E Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey E Randall N Reece

Y Rynders Y Scott, A N Scott, M
Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor
Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson E Willard Y Williams, A N Williams, E Y Williams, M

Y Collins, D N Collins, T Y Cooper E Cox

WEDNESDAY, MARCH 25, 2009

Y Harden, B N Harden, M N Hatfield N Heard

Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Reese Y Rice Y Roberts Y Rogers

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Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 129, nays 36.
The motion prevailed.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 39. By Senators Mullis of the 53rd, Stoner of the 6th, Williams of the 19th, Reed of the 35th, Rogers of the 21st and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 48 of the O.C.G.A., relating to sales and use taxes, so as to provide for a 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects by the district; to provide that each county may opt out of the district; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; 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.
Representative Keen of the 179th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning, and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia

Thursday, March 26, 2009

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 Allison Amerson Ashe Baker Barnard Battles E Bearden E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burns Byrd Carter, A Carter, B Casas Chambers Channell Cheokas Cole Coleman Collins, D

Cooper Cox Crawford Davis, H Davis, S Dawkins-Haigler Dempsey Dickson Dobbs Dooley Drenner England E Epps, C Epps, J Everson E Floyd Fludd Franklin Frazier Geisinger Glanton Gordon Graves Greene Hamilton Harden, B Harden, M

Heard E Heckstall
Hembree E Henson
Hill, C Hill, C.A Holt Horne Houston Hugley Jackson Jacobs James Jerguson Johnson, T Jones, S E Jordan Kaiser Keown Knight Knox Lane, B Lane, R Levitas Lindsey Loudermilk Maddox, G

Mangham Manning Marin Martin Maxwell E May McCall McKillip Meadows E Mills Mitchell Murphy Neal Nix O'Neal Parham Parrish Peake Porter Powell, J Pruett Ralston Ramsey Randall Rice Roberts

Rynders Scott, M Sellier Shaw Sheldon Shipp Sims, B Sims, C Sinkfield Smith, L Smith, V Stephens, M Stephens, R Stephenson Talton Thomas Thompson Walker Wilkinson E Willard Williams, A Williams, E Williams, M Williams, R E Wix Yates

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

Representatives Abdul-Salaam of the 74th, Anderson of the 117th, Austin of the 10th, Burkhalter of the 50th, Butler of the 18th, Coan of the 101st, Collins of the 95th, Dollar of the 45th, Dukes of the 150th, Ehrhart of the 36th, Gardner of the 57th, Golick of the 34th, Hanner of the 148th, Howard of the 121st, Johnson of the 75th, Keen of the 179th, Lucas of the 139th, Maddox of the 127th, Millar of the 79th, Morris of the 155th, Mosby of the 90th, Oliver of the 83rd, Parsons of the 42nd, Powell of the 29th, Reece of the 11th, Rogers of the 26th, Setzler of the 35th, Smith of the 168th, Smith of the 131st, Smith of the 113th, Smyre of the 132nd, Taylor of the 55th, and Teilhet of the 40th.

They wish to be recorded as present.

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Prayer was offered by Pastor Michael Moody, Journey Church, Zebulon, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 819. By Representatives Horne of the 71st, Bearden of the 68th and Austin of the 10th:
A BILL to be entitled an Act to amend Code Section 16-11-130, relating to exemptions from prohibitions from carrying a concealed weapon, carrying an explosive compound, firearm, or knife at public gatherings, carrying weapons within a school safety zone, at school functions, or on school property, carrying a firearm or weapon at a nuclear power facility, and carrying a pistol without a license, so as to add to the persons so exempt any person in possession of a license to carry a firearm; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.

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HB 820. By Representative Marin of the 96th:
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 prescription information from being licensed, transferred, used, or sold for commercial purposes; to provide for statutory construction; to provide for violations of such prohibition; to provide for the collection of information on patient assistance programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Insurance.
HB 821. By Representative Marin of the 96th:
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.
HB 822. By Representatives Burns of the 157th, Lane of the 158th and Parrish of the 156th:
A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Employees' Retirement System of Georgia, so as to provide for an award of creditable service for prior service under contract with the Office of Child Support Services; to provide for the payment of contributions; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 823. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend Code Section 44-7-2 of the Official Code of Georgia Annotated, relating to parol contracts creating a landlord and tenant relationship, certain provisions prohibited, and the effect of a provision for attorney's fees in a landlord and tenant agreement, so as to

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clarify that certain provisions relating to promissory notes or notes of obligation shall not apply to lease agreements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HR 740. By Representative Sims of the 169th:
A RESOLUTION creating the House Study Committee on Sales and Use Tax Exemptions; and for other purposes.
Referred to the Committee on Ways & Means.
HR 771. By Representatives Neal of the 1st, Butler of the 18th, Benfield of the 85th, Coan of the 101st, Morgan of the 39th and others:
A RESOLUTION creating the House Study Committee on Addiction Prevention, Treatment, and Recovery (APTR); and for other purposes.
Referred to the Committee on Human Relations & Aging.
HR 772. By Representative Chambers of the 81st:
A RESOLUTION requesting the creation of a Blood Pressure Down Shift Program; and for other purposes.
Referred to the Committee on Health & Human Services.
HR 773. By Representative Rice of the 51st:
A RESOLUTION affirming states' sovereignty based on constitutional principles; and for other purposes.
Referred to the Committee on Judiciary.
HR 774. By Representatives Loudermilk of the 14th and Burkhalter of the 50th:
A RESOLUTION creating the House Study Committee on Compliance by Local Governments with the Red Light Camera Law; and for other purposes.
Referred to the Committee on Rules.

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HR 775. By Representatives Marin of the 96th, Harbin of the 118th, Smyre of the 132nd, Fludd of the 66th and Mosby of the 90th:

A RESOLUTION requesting that the United States Congress pass legislation that comprehensively addresses the needs of subprime consumers and eliminates unnecessary home mortgage foreclosures; and for other purposes.

Referred to the Committee on Banks & Banking.

HR 776. By Representative Reese of the 98th:

A RESOLUTION affirming states' rights based on Jeffersonian principles; and for other purposes.

Referred to the Committee on Special Rules.

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 825. By Representatives Martin of the 47th, Jones of the 46th, Graves of the 12th and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to revise and change individual income tax standard deductions; to provide for annual adjustments with respect to such standard deductions; to provide for powers, duties, and authority of the state revenue commissioner; 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 Ways & Means.

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

HB 814 HB 815 HB 817 HB 818 HR 739 SB 261

SB 266 SB 267 SB 268 SB 269 SB 270

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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 152 Do Pass, by Substitute

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

HB 793 HB 794 HB 795 HB 796 HB 797 HB 798 HB 799 HB 800 HB 801 HB 802 HB 803

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

HB 804 HB 805 HB 806 HB 807 HB 808 HB 809 HB 810 HB 811 HB 812 HB 816

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

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

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

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HR 734 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 Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:

SR 277 Do Pass, by Substitute SR 453 Do Pass

Respectfully submitted, /s/ O'Neal of the 146th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, MARCH 26, 2009

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 46 SB 47 SB 48 SB 61 SB 63
SB 89

O.C.G.A.; correct errors/omissions (CR-Morris-155th) Adelman-42nd O.C.G.A.; correct errors/omissions; Title 21 (CR-Morris-155th) Adelman42nd O.C.G.A; correct errors/omissions; Title 47 (CR-Morris-155th) Adelman42nd Life Settlements Act; license/registration requirements for life settlement brokers; definitions (Ins-Knox-24th) Hudgens-47th Insurance; multiple employer self-insured health plan; independent nonpropriety institutions of higher education; not subject to requirements (Ins-Harden-28th) Hudgens-47th Public Transportation; consumption of food/beverages in a rapid rail station/intermodal bus station (Trans-Chambers-81st) Butler-55th

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SB 165 SB 170

Community Health; authorized to obtain income eligibility verification from Revenue Dept.; Medicaid and PeachCare for Kids Program (InsChannell-116th) Goggans-7th State Purchasing; prohibit certain companies that have certain business operations in Sudan to bid on/submit a proposal for state contract (GAffWilkinson-52nd) Adelman-42nd

Modified Open Rule

None

Modified Structured Rule

SB 69 SB 123
SB 155 SB 213

Sexual Exploitation; expand the definition (JudyNC-Carter-175th) Unterman-45th Pharmacy Benefits Managers; provide for regulation and licensure by the Commissioner of Insurance; definitions; license requirements/filing fees (Substitute)(Ins-Scott-153rd) Hawkins-49th Soil Erosion and Sedimentation; 25 foot buffers along state waters; change certain provisions (Substitute)(NR&E-Coan-101st) Pearson-51st Torts; specify manufacturer liability in certain cases (Judy-Willard-49th) Wiles-37th

Structured Rule

None

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

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

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

HB 793. By Representative Sims of the 169th:

A BILL to be entitled an Act to create the City of Pearson Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to

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provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for a principal office; to provide for 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.
HB 794. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to create an amended charter for the Town of Willacoochee, in the County of Atkinson, and to reincorporate said town as a city, and define its territorial limits, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to deannex certain property from the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 795. 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, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 12, 2008 (Ga. L. 2008, p. 3774), so as to provide for staggered terms of office for chairperson and commissioners; to provide for implementation of such terms of office; to revise the requirements regarding the publication of receipts, expenditures, and disbursements; 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 796. By Representative Sellier of the 136th:
A BILL to be entitled an Act to amend an Act to create the Byron Convention and Visitors Bureau Authority, approved April 4, 1997 (Ga. L. 1997, p. 3921), so as to change the composition of the authority; to change

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the manner of appointment; to provide for terms; to provide for staff; to provide for meetings; to provide for duties; 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 797. 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 provide for an advisory referendum election to be held in Brantley County for the purpose of ascertaining if a change in the form of government of Brantley County is desired by the people of said county; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 798. By Representative Lane of the 167th:
A BILL to be entitled an Act to create a board of elections and registration for Long 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 qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 799. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Carnesville, approved April 13, 2001 (Ga. L. 3834), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3606), so as to exchange the corporate boundaries of the city; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 801. 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 amend an Act creating the Gainesville Redevelopment Authority, approved March 24, 1978 (Ga. L. 1978, p. 4440), so as to modify the composition and organization 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 802. 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 a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Gainesville to select its mayor by city-wide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and 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 803. 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 a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Gainesville to elect its chairperson of the board of education by city-wide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; 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.

THURSDAY, MARCH 26, 2009

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HB 804. By Representatives Peake of the 137th, Sellier of the 136th and Epps of the 140th:
A BILL to be entitled an Act to authorize the governing authority of Bibb County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 805. By Representatives Peake of the 137th, Epps of the 140th and Cole of the 125th:
A BILL to be entitled an Act to authorize the governing authority of the City of Macon to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; 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 806. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act creating the Gilmer County Kids Kottage Commission, approved May 14, 2008 (Ga. L. 2008, p. 4459), so as to change the number and composition of the membership; to provide for related matters; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 807. By Representatives Lucas of the 139th, Epps of the 140th and Randall of the 138th:
A BILL to be entitled an Act to authorize the governing authority of the City of Macon to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 808. 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), by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4278), so as to revise the manner of selection of the members of the authority; to revise the manner of tabulating the votes for 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 809. By Representatives O`Neal of the 146th, Harden of the 147th, Sellier of the 136th and Talton of the 145th:
A BILL to be entitled an Act to create the Warner Robins Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for exemptions from taxation; to provide for tort immunity; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 810. By Representative Holt of the 112th:
A BILL to be entitled an Act to authorize the governing authority of the City of Covington to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 811. By Representatives Glanton of the 76th, Baker of the 78th, Johnson of the 75th, Abdul-Salaam of the 74th, Jordan of the 77th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3838), and by an Act approved March 15, 1988 (Ga. L. 1988, p. 3933), and by an Act approved April 4, 1996 (Ga. L. 1996, p. 4083), so as to provide an additional judge for the State Court of Clayton 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 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 812. By Representatives Mitchell of the 88th, Mosby of the 90th, Mayo of the 91st, Abrams of the 84th, Mangham of the 94th and others:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3779), so as to change certain provisions relating to 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 816. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to provide for a new charter for the City of Ringgold; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and

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investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant
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, D Y Collins, T Cooper Y Cox

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip
Meadows Y Millar E Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Ramsey Y Randall Y Reece Reese Y Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 138, nays 1.

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Smith, L Y Smith, R Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Weldon Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R E Wix Yates Richardson, Speaker

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

HB 800. By Representatives Rynders of the 152nd and Fullerton of the 151st:

A BILL to be entitled an Act to provide for the consolidation and unification of the existing governments of the City of Albany and Dougherty County, Georgia; to provide for the creation of the consolidated and unified government of Albany-Dougherty County, Georgia; to provide for the status, boundaries, and powers of the consolidated and unified government; to provide for the form of, administration of, and affairs of the consolidated and unified government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for a referendum election with respect to the effectiveness of the foregoing; to repeal conflicting laws; and for other purposes.

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

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

Abdul-Salaam N Abrams Y Allison
Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague
Benfield Y Benton Y Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter
Burns Butler Y Byrd Y Carter, A Y Carter, B Y Casas Chambers Channell Y Cheokas Y Coan

Crawford Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dollar N Dooley Drenner N Dukes Y Ehrhart Y England E Epps, C Epps, J Y Everson E Floyd N Fludd Y Franklin N Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Golick Gordon Y Graves Greene Y Hamilton

E Heckstall Y Hembree E Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson Johnson, C N 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 Lindsey Long

Y Manning Marin
Y Martin Y Maxwell E May N Mayo Y McCall
McKillip Meadows Y Millar E Mills Mitchell N Morgan Morris N Mosby Murphy Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Powell, A Y Powell, J Y Pruett Y Ralston Ramsey

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp
Sims, B Y Sims, C N Sinkfield
Smith, B Smith, L Y Smith, R Smith, T Y Smith, V Smyre Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet Y Thomas N Thompson Y Walker Y Weldon Y Wilkinson E Willard N Williams, A

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Cole Y Coleman Y Collins, D
Collins, T Cooper Y Cox

Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield N Heard

Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

N Randall Reece Reese
Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 94, nays 33.

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

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

Representative Sims of the 119th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Dukes of the 150th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 800. By Representatives Rynders of the 152nd and Fullerton of the 151st:

A BILL to be entitled an Act to provide for the consolidation and unification of the existing governments of the City of Albany and Dougherty County, Georgia; to provide for the creation of the consolidated and unified government of Albany-Dougherty County, Georgia; to provide for the status, boundaries, and powers of the consolidated and unified government; to provide for the form of, administration of, and affairs of the consolidated and unified government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for a referendum election with respect to the effectiveness of the foregoing; 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 Allison N Amerson N Anderson
Ashe N Austin N Baker N Barnard N Battles E Bearden E Beasley-Teague Y Benfield N Benton Y Black

Crawford Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs Dollar Y Dooley Y Drenner Y Dukes Ehrhart N England E Epps, C

E Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holt N Horne N Houston
Howard Hudson Y Hugley Y Jackson N Jacobs Y James N Jerguson

N Manning Marin
N Martin N Maxwell E May Y Mayo N McCall
McKillip N Meadows N Millar E Mills Y Mitchell Y Morgan
Morris Y Mosby

N Rynders N Scott, A N Scott, M N Sellier N Setzler N Shaw E Sheldon Y Shipp
Sims, B N Sims, C Y Sinkfield N Smith, B
Smith, L N Smith, R
Smith, T

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3887

Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter
Burns Butler N Byrd N Carter, A N Carter, B N Casas Chambers Channell Y Cheokas N Coan N Cole N Coleman N Collins, D Y Collins, T Cooper Y Cox

Epps, J Everson E Floyd Y Fludd N Franklin Y Frazier Fullerton N Gardner N Geisinger Y Glanton Golick Y Gordon N Graves Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M Hatfield Y Heard

N Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan
Kaiser N Keen N Keown N Knight N Knox N Lane, B N Lane, R Y Levitas N Lindsey
Long N Loudermilk Y Lucas
Lunsford N Maddox, B N Maddox, G Y Mangham

On the motion, the ayes were 50, nays 83.

Murphy N Neal N Nix Y Oliver N O'Neal N Parham
Parrish N Parsons N Peake Y Porter
Powell, A N Powell, J Y Pruett
Ralston Ramsey Y Randall Reece E Reese N Rice N Roberts Y Rogers

N Smith, V Y Smyre Y Stephens, M
Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet
Thomas Y Thompson N Walker N Weldon N Wilkinson E Willard Y Williams, A Y Williams, E N Williams, M N Williams, R E Wix N Yates
Richardson, Speaker

The motion was lost.

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 "nay" thereon.

By unanimous consent, HB 793, HB 794, HB 795, HB 796, HB 797, HB 798, HB 799, HB 800, HB 801, HB 802, HB 803, HB 804, HB 805, HB 806, HB 807, HB 808, HB 809, HB 810, HB 811, HB 812 and HB 816 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 the requisite constitutional majority the following bills of the Senate:

SB 263. By Senators Ramsey, Sr. of the 43rd and Douglas of the 17th:

A BILL to be entitled an Act to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended,

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particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4770), so as to change the provisions relating to the compensation of such judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 274. By Senators Harp of the 29th and Harbison of the 15th:
A BILL to be entitled an Act to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443), and an Act approved March 28, 1985 (Ga. L. 1985, p. 4593), so as to provide that municipal court judges shall be elected on a nonpartisan basis; to increase the jurisdiction of the court in certain cases; 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 60. By Representatives Jacobs of the 80th, Willard of the 49th, Wilkinson of the 52nd, Lindsey of the 54th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements and exceptions, so as to provide that no person exempt from the licensing requirements of such Code section shall hold himself or herself out as being licensed to practice professional counseling, social work, or marriage and family therapy or use any term or other indicia implying that he or she is licensed to practice professional counseling, social work, or marriage and family therapy or any combination thereof; to repeal conflicting laws; and for other purposes.
HB 116. By Representatives Stephens of the 164th, Harbin of the 118th, Keen of the 179th and Davis of the 122nd:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption regarding the sale or use of engines, parts, equipment, or other tangible personal property used in the maintenance or repair of certain aircraft; to repeal conflicting laws; and for other purposes.
HB 149. By Representatives Jones of the 46th, Hembree of the 67th, Dempsey of the 13th, Powell of the 171st, Harden of the 147th and others:

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A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to enact the "Move on When Ready Act"; to provide for definitions; to provide a program for eleventh and twelfth grade students to attend postsecondary colleges and schools for high school credit; to provide for notice to parents and students of the program; to provide requirements for course credit; to provide for state funding; to provide for testing; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 160. By Representatives Cole of the 125th, Neal of the 1st, Pruett of the 144th, Hanner of the 148th and Talton of the 145th:
A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to fees to be paid to the Department of Driver Services; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to increase the fees paid to the Department of Driver Services for reinstatement or restoration of suspended or revoked drivers' licenses; to amend Article 9 of Chapter 6 of Title 40 of the O.C.G.A., relating to speed restrictions, so as to specify that instruments charging violations of speed regulations shall state whether the violation occurred on a two-lane road or highway; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 227. By Representatives Dempsey of the 13th, Keen of the 179th, Sims of the 119th, Carter of the 175th, Willard of the 49th 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 primaries and elections generally, so as to provide for the confidentiality of the addresses of certain registered voters; to provide for the manner of invoking such confidentiality; to provide for the terms and conditions of such confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 237. By Representatives Lindsey of the 54th and Peake of the 137th:
A BILL to be entitled an Act to amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and protection for children, so as to revise a provision relating to financial assistance for adoptive parents; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 297. By Representatives Bryant of the 160th, Stephens of the 164th, Carter of the 159th, Stephens of the 161st and Gordon of the 162nd:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Garden City, approved April 17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to reconstitute the governing authority of the city; to provide for council districts; to provide for definitions and inclusions; to provide for continuation in office of the mayor and current council members; to change the provisions relating to the regular expiration of terms of office of certain council members; to provide for elections; to provide for qualification, nomination, and election of candidates; to provide for districting; to provide for qualifications; to provide for the submission of the city's operating and capital budgets to the city council by the city manager; to provide for action on the budget; to provide for severability; to repeal conflicting laws; and for other purposes.
HB 300. By Representatives Wilkinson of the 52nd, Cooper of the 41st, Porter of the 143rd, Gardner of the 57th, Lindsey of the 54th 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 local school systems to provide certain information to parents and guardians of students in grades six through 12 on meningococcal meningitis disease and its vaccine whenever other health information is provided; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 302. By Representatives Hamilton of the 23rd, Collins of the 27th, Loudermilk of the 14th, Amerson of the 9th, Rogers of the 26th and others:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telecommunications and competition development, so as to change the requirements to be met prior to a telecommunications company charging a customer for any service provided by a third party; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 306. By Representatives Walker of the 107th, Ralston of the 7th and Reese of the 98th:
A BILL to be entitled an Act to amend Chapter 6 of the Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide legislative findings and intent; to provide for a program of electronic

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pretrial release and monitoring of criminal defendants; to provide the standards, terms, and conditions for such program; to provide for penalties for violating the terms of such program; to provide for fees for such monitoring; to provide for the payment of such fees by the sheriff under certain circumstances; to provide for the revocation of participation in such program under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 482. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:
A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, so as to provide that, subject to referendum approval, all tangible personal property constituting the inventory of a business shall be exempt from state ad valorem taxation; to provide for a referendum election with respect to effectiveness; to repeal conflicting laws; and for other purposes.
HB 459. By Representatives Fludd of the 66th, Bruce of the 64th, Willard of the 49th, Wilkinson of the 52nd, Jones of the 44th and others:
A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, so as to revise extensively such Act and amendatory Acts; to provide for definitions; to provide for employee participation; to provide for employer contributions; to provide for normal retirement benefits; to provide for early retirement benefits; to proved for disability benefits; to provide for deferred vested benefit; to provide for a death benefit; to provide for payment of accrued benefit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 484. By Representative O`Neal of the 146th:
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 dependent children of military personnel stationed in Georgia on active duty shall be deemed to meet the residency requirements for purposes of HOPE scholarships and grants; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 607. By Representatives Talton of the 145th, O`Neal of the 146th, Manning of the 32nd, Mills of the 25th, Maxwell of the 17th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Department of Public Safety, so as to change certain provisions relating to the Board of Public Safety; to provide for a member of the Georgia Association of Fire Chiefs to serve as a member of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 721. By Representative Keown of the 173rd:
A BILL to be entitled an Act to provide a new charter for the Town of Ochlocknee; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town 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 an effective date; to repeal conflicting laws; and for other purposes.
HB 737. By Representatives Houston of the 170th, Powell of the 171st and Rynders of the 152nd:
A BILL to be entitled an Act to provide a new charter for the City of Norman Park in Colquitt 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, 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 an effective date; to repeal conflicting laws; and for other purposes.
HB 752. By Representative Parrish of the 156th:
A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Pulaski, approved April 9, 1999 (Ga. L. 1999, p. 3946), as amended, so as to reduce the number of councilmembers; to change the manner and

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method of filling vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 754. By Representatives Parrish of the 156th, Morris of the 155th and Jackson of the 142nd:
A BILL to be entitled an Act to amend an Act to incorporate the Town of Oak Park, in the County of Emanuel, approved July 18, 1929 (Ga. L. 1929, p. 1241), as amended, so as to provide for a municipal court; to provide for a judge of such court; to provide for the jurisdiction, functions, practices, procedures, duties, and responsibilities of such court; to provide for the right of certiorari; 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 126. By Representatives Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act to amend Title 10 of the O.C.G.A., relating to commerce and trade, so as to enact the Uniform Electronic Transactions Act; to provide for automated transactions; to provide for transferable records; to provide for acceptance and distribution of electronic records by governmental agencies; to provide for exclusions; to provide for applicability; to provide for relief from the unauthorized use of electronic signatures; to amend Titles 14, 15, 31, 33, 43, 44, and 50 of the Official Code of Georgia Annotated, relating to corporations, courts, health, insurance, professions and businesses, property, and state government, respectively, so as to correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 170. By Representatives Lane of the 167th and Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or water bottoms, so as to change the amount of annual rental fees from fair market value to a fixed rate; to provide for annual fee adjustments; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
HB 308. By Representatives Ralston of the 7th, Willard of the 49th, Oliver of the 83rd and Dobbs of the 53rd:

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A BILL to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, so as to amend the "Georgia Limited Liability Company Act"; to provide certain technical corrections to previously enacted legislation; to clarify certain provisions in the existing statute; to make certain provisions consistent with parallel provisions in the Georgia Business Corporations Code; to clarify the provisions governing the operating agreement of a limited liability company and its binding effect; to provide for automatic resignation of a registered agent following the dissolution of a limited liability company; to provide that statutory liability for wrongful distributions is based solely on violations of the statutory limitations on distributions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 312. By Representatives Hill of the 21st, Mills of the 25th, Coan of the 101st, Greene of the 149th, Knight of the 126th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to incorporate provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110-289; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 441. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for the expedited payment of sales and use tax refund claims secured by a satisfactory bond; to provide for frivolous or excessive sales and use tax refund claims; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:
A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated,

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relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; 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 bill of the House:
HB 550. By Representatives Meadows of the 5th, Dempsey of the 13th, Neal of the 1st, Loudermilk of the 14th, Burkhalter of the 50th and others:
A BILL to be entitled an Act to amend Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, so as to provide an additional method of payment by a mutual life insurer of the equity; 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 263. By Senators Ramsey, Sr. of the 43rd and Douglas of the 17th:
A BILL to be entitled an Act to amend an Act providing an annual salary for the judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4770), so as to change the provisions relating to the compensation of such judge; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 274. By Senators Harp of the 29th and Harbison of the 15th:
A BILL to be entitled an Act to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443), and an Act approved March 28, 1985 (Ga. L. 1985, p. 4593), so as to provide that municipal court judges shall be elected on a nonpartisan basis; to increase the jurisdiction of the court in certain cases; to provide for related

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matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

The Speaker Pro Tem assumed the Chair.

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

Millar of the 79th, Epps of the 140th, and Bruce of the 64th.

By unanimous consent, the following Bill of the Senate was withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

SB 63.

By Senators Hudgens of the 47th, Williams of the 19th, Mullis of the 53rd and Butterworth of the 50th:

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

HR 734. By Representative Porter of the 143rd:

A RESOLUTION congratulating the Dublin High School boys basketball team on winning the 2009 Class AA State Championship and inviting them to appear before the House of Representatives; and for other purposes.

Representative Coleman of the 97th District, Chairman of the Committee on Education, submitted the following report:

Mr. Speaker:

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Your Committee on Education 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 36 SB 114 SB 239

Do Pass Do Pass Do Pass, by Substitute

SR 153 Do Pass, by Substitute SR 466 Do Pass, by Substitute

Respectfully submitted, /s/ Coleman of the 97th
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 85 Do Pass, by Substitute SR 176 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 Senate were taken up for consideration and read the third time:

SB 170. By Senators Adelman of the 42nd, Shafer of the 48th, Johnson of the 1st, Rogers of the 21st, Reed of the 35th 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 for state purchasing, so as to provide legislative findings; to provide definitions; to prohibit certain companies that have certain business operations in Sudan to bid on or submit a proposal for a state contract; to provide for exceptions; to provide for certain certifications; to provide penalties for false certifications; to provide for periodic reviews; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper
Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey
Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows E Millar E Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 160, nays 0.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson E 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.

Representatives Cox of the 102nd 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 Speaker assumed the Chair.

THURSDAY, MARCH 26, 2009

3899

SB 61. By Senator Hudgens of the 47th:

A BILL to be entitled an Act to amend Chapter 59 of Title 33 of the Official Code of Georgia Annotated, relating to life settlements, so as to provide a short title; to provide for definitions; to provide for license requirements for providers and registration requirements for life settlement 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 related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

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

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

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey
Long

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows E Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon
Shipp Y Sims, B Y Sims, C
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson E Willard Y Williams, A

3900

JOURNAL OF THE HOUSE

Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper
Cox

Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 161, nays 0.

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

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

SB 165. By Senators Goggans of the 7th, Williams of the 19th, Hill of the 4th, Hawkins of the 49th and Hill of the 32nd:

A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to authorize the Department of Community Health to obtain income eligibility verification from the Department of Revenue for applicants for Medicaid and the PeachCare for Kids Program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following amendment was read:

Representative Channell of the 116th moves to amend SB 165 by striking the word "shall" on lines 14 and 32 and inserting in each respective place "may".

By striking the word "The" on lines 16 and 34 and inserting in each respective place the following:

If the department elects to contract with the state revenue commissioner for such purposes, the

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

N Abdul-Salaam Abrams
Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden

Y Crawford Y Davis, H N Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner

E Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley

Y Manning Y Marin Y Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows E Millar Y Mills

Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sinkfield

THURSDAY, MARCH 26, 2009

3901

E Beasley-Teague Y Benfield Y Benton Y Black N Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper N Cox

Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J N Everson Y Floyd N Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M E Hatfield Y Heard

Y Jackson Y Jacobs Y James N 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 Lindsey
Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston N Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the adoption of the amendment, the ayes were 139, nays 24.

Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon E Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M N Williams, R Y Wix Y Yates
Richardson, Speaker

The amendment was adopted.

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

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

N Abdul-Salaam Abrams
Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar
Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris N Mosby Y Murphy

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V

3902

JOURNAL OF THE HOUSE

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, D N Collins, T Y Cooper Y Cox

Y Everson Y Floyd N Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

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 Lindsey
Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, as amended, the ayes were 155, nays 7.

Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon E Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

SB 46.

By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th:

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 delete portions of the Code and Acts related thereto which have been superseded by subsequent state laws; to provide for and to correct citations in the O.C.G.A. and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the O.C.G.A.; to provide for other matters relating to the O.C.G.A.; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

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

THURSDAY, MARCH 26, 2009

3903

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley
Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton
Golick Y Gordon
Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey
Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 153, nays 0.

Y Rynders Scott, A Scott, M
Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon E Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

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

Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 47.

By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th:

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

3904

JOURNAL OF THE HOUSE

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper
Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley
Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey
Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 158, nays 0.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon E Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

THURSDAY, MARCH 26, 2009

3905

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

SB 48.

By Senators Adelman of the 42nd, Wiles of the 37th and Cowsert of the 46th:

A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 47 of the Official Code of Georgia Annotated; to provide 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:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey
Long

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon E Wilkinson E Willard Y Williams, A

3906

JOURNAL OF THE HOUSE

Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

Y Loudermilk Lucas
Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Randall Y Reece E Reese Y Rice Y Roberts
Rogers

On the passage of the Bill, the ayes were 162, nays 0.

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

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

Representative Golick of the 34th 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 196 Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 34th
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 69.

By Senators Unterman of the 45th, Murphy of the 27th, Balfour of the 9th, Hudgens of the 47th, Williams of the 19th and others:

A BILL to be entitled an Act to amend Titles 19 and 49 of the Official Code of Georgia Annotated, relating to domestic relations and social services, respectively, so as to expand the definition of "sexual exploitation"; 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:

THURSDAY, MARCH 26, 2009

3907

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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
Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley
Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 163, nays 1.

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas
Thompson Y Walker Y Weldon E Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

SB 213. By Senators Wiles of the 37th, Shafer of the 48th, Pearson of the 51st and Hill of the 32nd:

A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to specify manufacturer liability in certain cases; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

3908

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp
Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 123. By Senators Hawkins of the 49th, Murphy of the 27th, Hudgens of the 47th, Thomas of the 54th, Williams of the 19th and others:

THURSDAY, MARCH 26, 2009

3909

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 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 require a surety bond; to provide that a pharmacy benefits manager shall not engage in the practice of medicine; to make certain audit requirements applicable to pharmacy benefits managers; to provide that a pharmacy benefits manager shall not have to be licensed as an administrator; 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 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 require a surety bond; to provide that a pharmacy benefits manager shall not engage in the practice of medicine; to make certain audit requirements applicable to pharmacy benefits managers; to provide that a pharmacy benefits manager shall not have to be licensed as an administrator; 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 adding a new chapter to read as follows:
"CHAPTER 64
33-64-1. As used in this chapter, 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) 'Covered entity' means an employer, labor union, or other group of persons organized in this state that provides health coverage to covered individuals who are employed or reside in this state.

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JOURNAL OF THE HOUSE

(4) 'Covered individual' means a member, participant, enrollee, contract holder, policy holder, or beneficiary of a covered entity who is provided health coverage by a covered entity. (4.1) 'Health system' means a hospital or any other facility or entity owned, operated, or leased by a hospital and a long-term care home. (5) 'Pharmacy benefits management' means the service provided to a health plan or covered entity, directly or through another entity, including the procurement of prescription drugs to be dispensed to patients, or the administration or management of prescription drug benefits, including but not limited to any of the following:
(A) Mail service pharmacy; (B) Claims processing, retail network management, or payment of claims to pharmacies for dispensing prescription drugs; (C) Clinical or other formulary or preferred drug list development or management; (D) Negotiation or administration of rebates, discounts, payment differentials, or other incentives for the inclusion of particular prescription drugs in a particular category or to promote the purchase of particular prescription drugs; (E) Patient compliance, therapeutic intervention, or generic substitution programs; and (F) Disease management. (6) 'Pharmacy benefits manager' means a person, business, or other entity that performs pharmacy benefits management for a health plan or covered entity. 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. The term does not include services provided by pharmacies operating under a hospital pharmacy license. The term also does not include health systems while providing pharmacy services for their patients, employees, or beneficiaries, for indigent care, or for the provision of drugs for outpatient procedures.
33-64-2. (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. Failure to hold such license shall subject the pharmacy benefits manager to the fines and other appropriate penalties as provided in Chapter 2 of this title. (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 of $500.00 for an initial license and $400.00 for renewal. (c) A license shall be issued or renewed and shall not be suspended or revoked by the Commissioner unless the Commissioner finds that the applicant for or holder of the license:

THURSDAY, MARCH 26, 2009

3911

(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 committed fraud; or (4) Has failed to obtain for initial licensure or retain for annual renewal a net worth of at least $200,000.00. (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 this title. (e) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within 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 chapter shall be taken as provided in Chapter 2 of this title. (g)(1) The Commissioner shall have the authority to issue a probationary license to any applicant under this title. (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 shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any probationary period in accordance with rules and regulations. (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 formulary services to any unlicensed nonaffiliated business entity unless a special authorization is approved by the Commissioner prior to entering into a contracted or subcontracted arrangement. (i) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to assess a monetary penalty against any business entity acting as a pharmacy benefits manager without a license of up to $1,000.00 for each transaction in violation of this chapter, unless the business entity knew or reasonably should have known it was in violation of this chapter, in which case the monetary penalty provided for in this subsection may be increased to an amount up to $5,000.00 for each and every act in violation. (j) A licensed pharmacy benefits manager shall not 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.

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(k) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to place any pharmacy benefits manager on probation for a period of time not to exceed one year for each and every act in violation of this chapter and may subject such pharmacy benefits manager to a monetary penalty of up to $1,000.00 for each and every act in violation of this chapter, unless the pharmacy benefits manager knew or reasonably should have known he or she was in violation of this chapter, in which case the monetary penalty provided for in this subsection may be increased to an amount up to $5,000.00 for each and every act in violation. (l) A pharmacy benefits manager operating as a line of business or affiliate of a health insurer, health care center, hospital service corporation, medical service corporation, or fraternal benefit society licensed in this state or of any affiliate of such health insurer, health care center, hospital service corporation, medical service corporation, or fraternal benefit society shall not be required to obtain a license pursuant to this chapter. Such health insurer, health care center, hospital service corporation, medical service corporation, or fraternal benefit society shall notify the Commissioner annually, in writing, on a form provided by the Commissioner, that it is affiliated with or operating a business as a pharmacy benefits manager.
33-64-3. (a) Every applicant for a pharmacy benefits manager's license shall file with the application and shall thereafter maintain in force a bond in the amount of $100,000.00 in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond shall be established by rules and regulations. (b) The bond shall remain in force until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel the bond upon 30 days' advance notice, in writing, filed with the Commissioner. (c) Every applicant for a pharmacy benefits manager's license shall obtain and shall thereafter maintain in force errors and omissions coverage or other appropriate liability insurance, written by an insurer authorized to transact insurance in this state, in an amount of at least $250,000.00. (d) The coverage required in subsection (c) of this Code section shall remain in force for a term of at least one year and shall contain language that includes that the insurer may cancel the insurance upon 60 days' advance notice filed with the Commissioner. Other terms and conditions relating to the errors and omissions policy may be imposed on the applicant in accordance with rules and regulations. (e) In the event a licensed pharmacy benefits manager fails to renew, surrenders, or otherwise terminates its license, it must retain both the bond and the errors and omissions coverage for a period of not less than one year after the licensee has failed to renew, surrendered, or otherwise terminated the license.

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33-64-4. No pharmacy benefits manager shall engage in the practice of medicine.

33-64-5. Pharmacy benefits managers, whether licensed pursuant to this chapter or exempt from licensure pursuant to subsection (l) of Code Section 33-64-2, shall be subject to Code Section 26-4-118, 'The Pharmacy Audit Bill of Rights,' to the same extent and in the same manner as pharmacies.

33-64-6. A pharmacy benefits manager licensed pursuant to this chapter shall not be required to obtain a license as an administrator pursuant to Article 2 of Chapter 23 of Title 33 to perform any function as a pharmacy benefits manager pursuant to this chapter.

33-64-7. The Commissioner may not enlarge upon or extend the provisions of this chapter through any act, rule, or regulation."

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 Abrams
Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton

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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, D Y Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves
Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett E Ralston Y Ramsey
Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 1.

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

SB 155. By Senators Pearson of the 51st, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Chance of the 16th and others:

A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum

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requirements for rules, regulations, ordinances, or resolutions, is amended by revising subparagraph (b)(15)(A) as follows:
"(15)(A) There is established a 25 foot buffer along the banks of all state waters, as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, except:
(i) As provided by paragraph (16) of this subsection; (ii) Where the director determines to allow a variance that is at least as protective of natural resources and the environment; (iii) Where otherwise allowed by the director pursuant to Code Section 12-2-8; or (iv) Where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented; or (v) Along any ephemeral stream. As used in this division, the term 'ephemeral stream' means a stream:
(I) That under normal circumstances has water flowing only during and for a short duration after precipitation events; (II) That has the channel located above the ground-water table year round; (III) For which ground water is not a source of water; and (IV) For which runoff from precipitation is the primary source of water flow. provided, however, that buffers Unless exempted under division (v) of this subparagraph, buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph."

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 N Abrams N Allison Y Amerson Y Anderson N Ashe N Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague N Benfield

N Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner Y Dukes Y Ehrhart

E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley
Jackson N Jacobs

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan

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

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JOURNAL OF THE HOUSE

Y Benton Y Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter
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, D N Collins, T
Cooper Y Cox

Y England E Epps, C N Epps, J Y Everson N Floyd
Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton N Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield N Heard

N James 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 N Levitas N Lindsey N Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett N Ralston N Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon E Wilkinson E Willard Y Williams, A N Williams, E N Williams, M Y Williams, R N Wix
Yates Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 106, nays 58.

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

Representative Heard of the 114th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 89.

By Senators Butler of the 55th, Williams of the 19th, Brown of the 26th, Mullis of the 53rd, Stoner of the 6th and others:

A BILL to be entitled an Act to amend Code Section 16-12-120 of the Official Code of Georgia Annotated, relating to acts prohibited in public transit buses and rapid rail cars or stations, so as to allow the consumption of food and beverages in a rapid rail station or intermodal bus station; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The previous question was ordered.

The Speaker asked unanimous consent to withdraw the ordering of the previous question.

There was objection.

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The following amendment was read:

Representative Jerguson of the 22nd moves to amend SB 89 by replacing lines 1 and 2 with the following:

To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for regulation of public transportation; to allow the

By inserting between lines 20 and 21 the following:

SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"16-12-122.1 Any terminal operated by a governmental entity or authority, and any infrastructure relating thereto, shall be deemed to be a public transportation facility within this state."

By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

There being no motion made by Representative Jerguson of the 22nd to adopt the Jerguson amendment, 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:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs E Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor

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Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 165, nays 0.

Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Due to a mechanical malfunction, the vote of Representative Stephenson of the 92nd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:

The Senate insists on its substitute to the following bill of the House:

HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others:

A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

THURSDAY, MARCH 26, 2009

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The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Butler of the 18th moved that the House insist on its position in disagreeing to the Senate substitute to HB 228 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 Butler of the 18th, Channell of the 116th and Cole of the 125th.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 781. By Representatives Martin of the 47th, Jones of the 46th and Burkhalter of the 50th:
A RESOLUTION congratulating the 2008 Milton High School girls lacrosse team on winning their fourth consecutive 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:

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JOURNAL OF THE HOUSE

HR 782. By Representatives Dawkins-Haigler of the 93rd, Shipp of the 58th, Marin of the 96th, Teilhet of the 40th, Dooley of the 38th and others:
A RESOLUTION recognizing the importance of American made products and services in the economic recovery process and pledging to utilize federal funds from the economic stimulus package in a manner that creates jobs in America and Georgia; and for other purposes.
HR 783. By Representative Crawford of the 16th:
A RESOLUTION recognizing and commending Jess and Nellie McCain on the occasion of their 50th wedding anniversary; and for other purposes.
HR 784. By Representatives Cole of the 125th and Jackson of the 142nd:
A RESOLUTION recognizing and commending Mr. Charles K. Tarbutton; and for other purposes.
HR 785. By Representatives Burns of the 157th, Lane of the 158th, Carter of the 159th, Stephens of the 164th, Roberts of the 154th and others:
A RESOLUTION recognizing and commending Mrs. Martha O. Zeigler; and for other purposes.
HR 786. By Representatives Keen of the 179th, Graves of the 12th, Jerguson of the 22nd, Byrd of the 20th, Horne of the 71st and others:
A RESOLUTION recognizing the Georgia 2012 Committee for the Republican National Convention and requesting that the Republican Party select the State of Georgia as the site for its 2012 national convention; and for other purposes.
HR 787. By Representative Dempsey of the 13th:
A RESOLUTION honoring the life and memory of Mr. George Griffin; and for other purposes.
HR 788. By Representatives Drenner of the 86th and Benfield of the 85th:
A RESOLUTION recognizing and commending Ms. Annie Barr; and for other purposes.

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HR 789. By Representative Ralston of the 7th:
A RESOLUTION honoring the life and memory of Mr. Clyde Lee Herndon; and for other purposes.
HR 790. By Representative Burkhalter of the 50th:
A RESOLUTION recognizing and commending Mr. William J. "Johnny" Gresham, Jr.; and for other purposes.
HR 791. By Representative Chambers of the 81st:
A RESOLUTION recognizing and commending Operation Boot Camp; and for other purposes.
HR 792. By Representatives Carter of the 159th and Burns of the 157th:
A RESOLUTION recognizing and commending Mount Carmel Deliverance Center; and for other purposes.
HR 793. By Representatives Loudermilk of the 14th, Graves of the 12th and Battles of the 15th:
A RESOLUTION recognizing and commending Mr. Timothy R. Mitcham; and for other purposes.
HR 794. By Representatives Gordon of the 162nd, Stephens of the 161st, Day of the 163rd, Carter of the 159th, Stephens of the 164th and others:
A RESOLUTION recognizing and commending the Savannah Arts Academy's Silver Winds Ensemble, Still Waters Ensemble, and SkyeLite Jazz Band; and for other purposes.
HR 795. By Representative Richardson of the 19th:
A RESOLUTION commending the House Interns for the 2009 Regular Session; and for other purposes.
HR 796. By Representatives Parrish of the 156th, Channell of the 116th, Stephens of the 164th and Shaw of the 176th:
A RESOLUTION recognizing La Grotta Ristorante Italiano and owners Sergio Favalli and Antonio Abizanda; and for other purposes.

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JOURNAL OF THE HOUSE

HR 797. By Representatives Holt of the 112th, Brooks of the 63rd, Collins of the 95th and Lunsford of the 110th:
A RESOLUTION honoring the life and memory of the Honorable Jack Hays Morgan, Sr.; and for other purposes.
HR 798. By Representatives Peake of the 137th, Cole of the 125th, Epps of the 140th and Sellier of the 136th:
A RESOLUTION recognizing the First Presbyterian Day School girls basketball team on their second straight State Championship title; and for other purposes.
HR 799. By Representatives Parrish of the 156th, Powell of the 29th, Channell of the 116th, Stephens of the 164th, Shaw of the 176th and others:
A RESOLUTION recognizing and commending Kenzie Theus; and for other purposes.
HR 800. By Representative Baker of the 78th:
A RESOLUTION recognizing and commending Lake Spivey Community, Inc., and Mr. James "Jim" Buckman; and for other purposes.
HR 801. By Representative Scott of the 2nd:
A RESOLUTION honoring the life and memory of Mr. Stanley G. "Duke" Hilliard; and for other purposes.
HR 802. By Representative Sims of the 169th:
A RESOLUTION recognizing and commending Mrs. Rania Hakim Craddock for her outstanding contributions to education; and for other purposes.
HR 803. By Representative Yates of the 73rd:
A RESOLUTION recognizing the Mount Zion United Methodist Campground on the occasion of its 175th anniversary; and for other purposes.
HR 804. By Representatives Maddox of the 127th, Cole of the 125th, Sellier of the 136th and Knight of the 126th:

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A RESOLUTION commending Mr. Keith Lassiter on the occasion of his retirement; and for other purposes.
HR 805. By Representatives Loudermilk of the 14th, Maxwell of the 17th, Graves of the 12th and Battles of the 15th:
A RESOLUTION celebrating and honoring the life of Mr. Jack Davis Malone; and for other purposes.
HR 806. By Representatives Thompson of the 104th and Everson of the 106th:
A RESOLUTION honoring the life and memory of Robbie Susan Moore; and for other purposes.
HR 807. By Representative Sims of the 169th:
A RESOLUTION recognizing and commending Mrs. Tammy Guthrie Wood for her outstanding contributions to education; and for other purposes.
HR 808. By Representatives Martin of the 47th, Jones of the 46th and Burkhalter of the 50th:
A RESOLUTION commending the Milton High School Debate Team for being named 2008-2009 GHSA AAAA/AAAAA State Debate Champions; and for other purposes.
HR 809. By Representatives Thompson of the 104th and Everson of the 106th:
A RESOLUTION honoring the life and memory of Mr. Bartow Jenkins; and for other purposes.
HR 810. By Representative Morris of the 155th:
A RESOLUTION honoring the life and memory of Mr. William Donovan Warthen; and for other purposes.
HR 811. By Representatives Benfield of the 85th, Drenner of the 86th, Oliver of the 83rd and Abrams of the 84th:
A RESOLUTION recognizing Saturday, March 28th, 2009, from 8:30 P.M. to 9:30 P.M., as Earth Hour; and for other purposes.

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JOURNAL OF THE HOUSE

HR 812. By Representatives Ashe of the 56th, Gardner of the 57th, Manning of the 32nd, Fludd of the 66th, Benfield of the 85th and others:
A RESOLUTION recognizing and commending Mrs. Pamela Badgerow Adams; and for other purposes.
HR 813. By Representatives Coleman of the 97th, Casas of the 103rd, Nix of the 69th, Dickson of the 6th, Ashe of the 56th and others:
A RESOLUTION recognizing Mark Wilson Schofield, Cathy Geis, Julie Hartline, and Beverly Hall for their Outstanding contributions to education; and for other purposes.
HR 814. By Representatives Mitchell of the 88th and Williams of the 89th:
A RESOLUTION recognizing and commending Head Coach Rhonda Malone for her talent and leadership as coach of the Class AAAAA state champion Redan High School Lady Raider basketball team; and for other purposes.
HR 815. By Representatives Davis of the 109th, Mosby of the 90th, Mayo of the 91st and Lunsford of the 110th:
A RESOLUTION commending Lynne Connelly, the 2008 Union Grove High School Teacher of the Year and the 2008 Henry County Teacher of the Year; and for other purposes.
HR 816. By Representatives Allison of the 8th, Austin of the 10th and Collins of the 27th:
A RESOLUTION recognizing Mrs. Jean Welborn on the occasion of her retirement; and for other purposes.
HR 817. By Representative Davis of the 109th:
A RESOLUTION commending the Union Grove High School NJROTC rifle team; and for other purposes.
HR 818. By Representative Davis of the 122nd:
A RESOLUTION recognizing and commending the Bass family; and for other purposes.

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HR 819. By Representatives Keen of the 179th, Smith of the 113th, Davis of the 122nd, Benton of the 31st, Hembree of the 67th and others:

A RESOLUTION celebrating one-hundred years of architectural education at Georgia Tech; and for other purposes.

Representative Parsons of the 42nd District, Chairman of the Committee on Energy, Utilities, and Telecommunications, submitted the following report:

Mr. Speaker:

Your Committee on Energy, Utilities, and Telecommunications has had under consideration the following Bills and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 30 Do Pass, by Substitute SB 194 Do Pass

SR 12 Do Pass SR 402 Do Pass, by Substitute

Respectfully submitted, /s/ Parsons of the 42nd
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 20 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:

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JOURNAL OF THE HOUSE

Your Committee on Health and Human Services has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 49 SB 133 SB 156 SB 163

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

SB 195 SB 201 SB 244 SR 291

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

Respectfully submitted, /s/ Cooper of the 41st
Chairman

Representative Hembree of the 67th District, Chairman of the Committee on Higher Education, submitted the following report:

Mr. Speaker:

Your Committee on Higher Education has had under consideration the following 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 645 SB 231 SB 238

Do Pass Do Pass, by Substitute Do Pass

SR 464 Do Pass SR 465 Do Pass

Respectfully submitted, /s/ Hembree of the 67th
Chairman

Representative Dollar of the 45th District, Chairman of the Committee on Interstate Cooperation, submitted the following report:

Mr. Speaker:

Your Committee on Interstate Cooperation has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

HR 672 Do Pass

Respectfully submitted, /s/ Dollar of the 45th
Chairman

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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 738 SB 38 SB 253

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

Respectfully submitted, /s/ Day of the 163rd
Chairman

Representative Burns of the 157th 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 Senate and has instructed me to report the same back to the House with the following recommendation:

SR 274 Do Pass

Respectfully submitted, /s/ Burns of the 157th
Chairman

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has agreed to the House substitute to the following bill of the Senate:

SB 13. By Senators Smith of the 52nd, Cowsert of the 46th, Tarver of the 22nd, Reed of the 35th, Hamrick of the 30th and others:

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A BILL to be entitled an Act 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 provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House amendment to the Senate substitute to the following resolution of the House:
HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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.
Mr. Speaker:
The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:
HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special

THURSDAY, MARCH 26, 2009

3929

transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; 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 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; 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: Goggans of the 7th, Grant of the 25th, and Unterman of the 45th.
The Speaker announced the House in recess until 5:00 P.M., at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 10:00 o'clock, A.M., Monday, March 30, 2009.

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Representative Hall, Atlanta, Georgia

Monday, March 30, 2009

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:

Allison Amerson Anderson Ashe Austin Baker Barnard Battles E Bearden E Beasley-Teague Benton Black Bruce Bryant Buckner Burkhalter Burns E Butler Byrd Carter, A Carter, B Chambers Channell Cheokas Coleman Collins, D E Collins, T

Cox Crawford Davis, H Dawkins-Haigler Day Dempsey Dickson Dobbs Dooley Drenner E Dukes England E Epps, C Epps, J Franklin Frazier Fullerton Gardner Geisinger Glanton Graves Greene Hamilton Hanner Harden, B Harden, M E Hatfield

Heard E Heckstall E Hembree E Henson E Hill, C
Holt Howard Hugley Jackson Jacobs James Jerguson E Johnson, C Johnson, T Kaiser Keen Keown Knox Lane, R Levitas Lindsey Maddox, B Maddox, G Mangham Manning Marin

Maxwell May Mayo McCall McKillip Millar Mills Mitchell Morgan Mosby Murphy Neal Nix O'Neal Parham Parrish Peake Porter Powell, A Powell, J Pruett Ralston Randall Reece E Reese Rice

Roberts Rogers Rynders Scott, A Sellier Sims, B Sims, C Smith, B E Smith, L Smith, R Smith, T Stephens, M Stephens, R E Stephenson Talton Taylor Teilhet Thomas Wilkinson E 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 Abrams of the 84th, Brooks of the 63rd, Casas of the 103rd, Coan of the 101st, Cole of the 125th, Cooper of the 41st, Davis of the 109th, Dollar of the 45th, Ehrhart of the 36th, Everson of the 106th, Fludd of the 66th, Golick of the 34th, Harbin of the 118th, Hill of the 180th, Horne of the 71st, Houston of the 170th, Hudson of the 124th, Jones of the 44th, Jordan of the 77th, Knight of the 126th, Lane of the 158th, Lucas of the 139th, Lunsford of the 110th, Martin of the 47th, Meadows of the 5th, Morris of the 155th, Oliver of the 83rd, Parsons of the 42nd, Ramsey of the 72nd, Scott of the 2nd, Setzler of the 35th, Shaw of the 176th, Sheldon of the 105th, Shipp of the 58th, Sinkfield of the 60th, Smith of the 129th, Smyre of the 132nd, Thompson of the 104th, Walker of the 107th, Weldon of the 3rd, and Wix of the 33rd.

MONDAY, MARCH 30, 2009

3931

They wish to be recorded as present.
Prayer was offered by Pastor Kenny Grant, Christ Community Church, Savannah, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 824. By Representative Jones of the 44th:
A BILL to be entitled an Act to enact the "Juvenile Burglary Prevention Act of 2010"; to state legislative findings; to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile courts, so as to reduce the number of repeat burglaries which may trigger transfer of a juvenile for prosecution in superior court; to provide that when a juvenile is taken into custody for burglary, the immediate disposition shall be by the juvenile court; to provide that a second burglary by a juvenile shall be a

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JOURNAL OF THE HOUSE

designated felony act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 826. By Representatives Crawford of the 16th, Thomas of the 100th, Porter of the 143rd, Teilhet of the 40th, Hugley of the 133rd and others:
A BILL to be entitled an Act to amend Title 36 and Title 45 of the Official Code of Georgia Annotated, relating, respectively, to local government and public officers and employees, so as to change the manner and method of appropriating funds for homeowner tax relief grants; to provide for procedures, conditions, and limitations; to change certain provisions regarding certain reservation authority for appropriations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Ways & Means.
HB 827. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment of indemnification for death or disability, procedure for making of payments, and appeal, so as to change provisions relating to indemnification for the death or disability of a highway employee; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 828. By Representative Floyd of the 99th:
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.
HB 829. By Representatives Benfield of the 85th, Casas of the 103rd and Kaiser of the 59th:

MONDAY, MARCH 30, 2009

3933

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 for early admission to kindergarten or first grade for advanced gifted children; to provide for legislative findings; to provide for state criteria and procedures; to provide for the establishment of criteria and procedures by local school systems; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 830. By Representatives Neal of the 1st, Weldon of the 3rd and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HR 777. By Representative Drenner of the 86th:
A RESOLUTION creating the House Study Committee on the National Renewables Energy Portfolio Standards; and for other purposes.
Referred to the Committee on Natural Resources & Environment.
HR 778. By Representatives James of the 135th and Sellier of the 136th:
A RESOLUTION recognizing the annual Hambone Jam as the official Georgia State BBQ Championship competition of the Georgia Barbeque Association; and for other purposes.
Referred to the Committee on Economic Development & Tourism.
HR 779. By Representative Stephens of the 164th:
A RESOLUTION creating the House Study Committee on Sales and Use Tax Simplification; to provide for duties and responsibilities of the committee; to provide for participation in certain interstate discussions; and for other purposes.

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Referred to the Committee on Ways & Means.
HR 820. By Representative Peake of the 137th:
A RESOLUTION creating a House Study Committee on City and County Consolidation; and for other purposes.
Referred to the Committee on Governmental Affairs.
HR 821. By Representative Cox of the 102nd, Horne of the 71st, Neal of the 1st, Meadows of the 5th, Bearden of the 68th and others:
A RESOLUTION urging the United States Congress to adopt the Fair Tax Act; and for other purposes.
Referred to the Committee on Ways & Means.
HR 824. By Representatives Dempsey of the 13th, Cooper of the 41st, Harbin of the 118th, Burkhalter of the 50th, Manning of the 32nd and others:
A RESOLUTION creating the House Study Committee on Autism; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the Committees:
HB 839. By Representative Jerguson of the 22nd:
A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to transportation passenger safety, so as to provide for regulation of public transportation; to provide 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 841. By Representatives Knight of the 126th and Lunsford of the 110th:
A BILL to be entitled an Act to create a joint county-municipal board of elections and registration for Butts County and provide for its powers and duties; to provide for the composition of the board and the method of

MONDAY, MARCH 30, 2009

3935

appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the board's organization, powers, and duties; to provide for related matters; to provide an effective date; to repeal an Act approved April 6, 2004 (Ga. L. 2004, p. 3525); to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

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

HB 819 HB 820 HB 821 HB 822 HB 823 HB 825 HR 740 HR 771
The Speaker Pro Tem assumed the Chair.

HR 772 HR 773 HR 774 HR 775 HR 776 SB 263 SB 274

Representative Knox of the 24th District, Chairman of the Committee on Insurance, submitted the following report:

Mr. Speaker:

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

SB 105 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:

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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 813 Do Pass, by Substitute SB 261 Do Pass

SB 266 Do Pass SB 267 Do Pass

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

Representative Golick of the 34th 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 42 SB 82 SB 100

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

SB 157 SB 188 SB 207

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

Respectfully submitted, /s/ Golick of the 34th
Chairman

Representative Jacobs of the 80th District, Secretary 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 57 Do Pass, by Substitute

Respectfully submitted, /s/ Jacobs of the 80th
Secretary

MONDAY, MARCH 30, 2009

3937

Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:

Mr. Speaker:

Your Committee on Transportation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 164 Do Pass, by Substitute SB 200 Do Pass, by Substitute

Respectfully submitted, /s/ Smith of the 129th
Chairman

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

HOUSE RULES CALENDAR MONDAY, MARCH 30, 2009

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:

UNCONTESTED HOUSE/SENATE RESOLUTIONS *All Uncontested Resolutions are Structured Rule*

HR 29 HR 135 HR 165 HR 282 HR 337 HR 471 HR 533

Gaza strip; expressing support for the nation of Israel in its defense against terrorism (SRules-Maxwell-17th) Capitol Arts Standards Commission; Admiral John Henry Towers portrait, urge (SRules-Loudermilk-14th) University System of Georgia; #1 DESTINATION FOR ENTREPRENEURS; request (HEd-Smith-113th) National Epidermolysis Bullosa Awareness Week; support goals and ideals (H&HS-Cooper-41st) House of Representatives; development of Georgia's energy resources; express support (Substitute)(NR&E-Smith-70th) United States Congress; oppose efforts to expand reach and scope of Clean Water Act; request (Substitute)(NR&E-Smith-70th) Environmental Protection Division; evaluate oxygen in Savannah Harbor; request (NR&E-Carter-159th)

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HR 578 HR 583 HR 622 SR 96 SR 431

United States Fish and Wildlife Service; scientific study in Etowah River Basin; request (NR&E-Loudermilk-14th) Congress; oppose legislation that interferes with state's ability to transport horses; request (A&CA-England-108th) United States Congress; change definition of renewable biomass; request (A&CA-Cole-125th) Trustee, Board/Georgia Military College President; urged to maintain the current military programs (HEd-Parham-141st) Grant-25th Georgia Civil War Heritage Trails; designate (Substitute)(Trans-Hamilton23rd) Mullis-53rd

DEBATE CALENDAR

Open Rule

SB 8 SB 24 SB 72 SB 104
SB 117 SB 141 SB 199

Student Health; provide for possession/self-administration of autoinjectable epinephrine by students (H&HS-Hamilton-23rd) Murphy-27th Probation Management Act; probationers; provide comprehensive provisions (SI&P-Barnard-166th) Grant-25th Natural Resources Board; rules and regulations; watercraft; penalty of violations; change certain provisions (GF&P-Knight-126th) Heath-31st Cosmetic Laser Practitioners; licensing; change certain provisions; amend definitions; consulting physicians (Substitute)(H&HS-Geisinger-48th) Wiles-37th Made in Georgia Program; revise provisions; provide rules and regulations (ED&T-Harbin-118th) Powell-23rd Property; foreclosures and deficiency judgements; change provisions (Substitute)(Judy-Jacobs-80th) Hamrick-30th Courts; required annual training for magistrates/probate judges; suspend for one year (Substitute)(Judy-Jacobs-80th) Wiles-37th

Modified Open Rule

None

Modified Structured Rule

SB 26 SB 211

Firefighters; limit the disclosure of certain private information (Substitute)(Judy-Willard-49th) Shafer-48th State Purchasing; exempt certain purchases from having to go through Dept. of Administrative Services (GAff-Scott-153rd) Johnson-1st

MONDAY, MARCH 30, 2009

3939

Structured Rule

SB 55 SB 240

Ad Valorem Taxation; change factors to be considered in determining fair market value of real property (Substitute)(W&M-Scott-2nd) Pearson-51st County Boards of Tax Assessors; comprehensive revision of the appeal of assessments for ad valorem tax purposes (Substitute)(W&M-Levitas-82nd) 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 and Senate were taken up for consideration and read the third time:

HB 813. By Representative Howard of the 121st:

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 membership of the Authority; to provide for the terms and appointment of members of the Authority; to provide for qualifications of the members of the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend an Act creating the 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 membership of the Authority; to provide for the terms and appointment of members of the Authority; to provide for qualifications of the members of the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. An Act 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), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
"SECTION 2. (a) There is created a body corporate and politic to be known as the AugustaRichmond County Coliseum 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. Effective on and after July 1, 2009, the Authority shall consist of seven members to be appointed as follows:
(1) Six members shall be appointed by the Augusta-Richmond County Commission, with the five commissioners of Super District 9 entitled to appoint three members and the five commissioners of Super District 10 entitled to appoint three members; and (2) One member shall be appointed by the legislative delegation which shall consist of all members of the General Assembly representing all or a portion of Richmond County. The member appointed by the legislative delegation shall be the chairperson of the Authority. In order to be qualified to serve on the Authority, an appointee shall be a resident of Richmond County and shall have experience in business. (b) Beginning on July 1, 2009, the appointees of the county commission shall serve a term concurrent with the term of the Super District commissioner from the Super District that made the appointment. The appointee from the legislative delegation shall serve a two-year term, except as otherwise specified in subsection (e) of this section. In order for an appointee of the county commission to be removed from the Authority, seven members of the Augusta-Richmond County Commission, including four members from the Super District that made the appointment, without the necessity of a showing of cause, must vote for the removal of the appointee. (c) The members of the Authority in office on June 30, 2009, shall not serve until the regular expiration of the terms to which such members were appointed and the terms of such members shall expire on midnight of June 30, 2009. (d) As soon as practicable on or after June 1, 2009, the Augusta-Richmond County Commission shall appoint such members provided for in this section for terms beginning on July 1, 2009, to replace the currently appointed members of the Authority. All appointees to the Authority shall serve until their respective successors are appointed and qualified. Members of the Authority appointed by the AugustaRichmond County Commission may be reappointed only after taking at least a one-year break between appointments.

MONDAY, MARCH 30, 2009

3941

(e) As soon as practicable on or after June 1, 2009, the legislative delegation shall appoint such member provided for in this section for a term beginning on July 1, 2009, and ending on December 31, 2010, or until his or her respective successor is appointed and qualified. Subsequent appointees of the legislative delegation shall serve two-year terms or until his or her respective successor is appointed and qualified. A member of the Authority appointed by the legislative delegation shall be allowed to succeed himself or herself and be reappointed. (f) Immediately after their appointment, the members of the Augusta-Richmond County Coliseum Authority shall enter upon their duties. They shall all attend an orientation and training course approved by the Augusta-Richmond County Commission. They shall elect one of their number as vice chairperson, and may also elect a secretary and treasurer who need not necessarily be a member of the AugustaRichmond County Coliseum Authority. The vice chairperson and secretary and treasurer shall serve for a period of one year and until their successors are appointed and qualified. Four members of the Augusta-Richmond County Coliseum Authority shall constitute a quorum. The chairperson shall be a nonvoting member of the Authority, except he or she may vote to break a tie vote by the other members. The chairperson shall form committees and appoint members thereto as he or she deems necessary. (g) As soon as practicable after July 1, 2009, the members of the Augusta-Richmond County Coliseum Authority shall cause to be published a manual governing the acceptable business practices and management techniques to be followed by all members during their service on the Authority. This manual shall also include a statement of the purpose of the Augusta-Richmond County Coliseum Authority and a statement of the vision for the future of the Authority. (h) In the event of a vacancy by reason of death, disqualification, removal, resignation, or other reason, the body which appointed such member shall appoint a person to serve the remainder of the term of such member. No vacancy on the Augusta-Richmond County Coliseum Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority. (i) The members of the Augusta-Richmond County Coliseum Authority shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations governing the procedures to be followed in conducting the business of the Authority. It shall have perpetual existence."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
SB 261. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of St. Mary's 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.
SB 266. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Kingsland 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.
SB 267. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from City of Woodbine 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.

MONDAY, MARCH 30, 2009

3943

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black
Brooks Y Bruce
Bryant Y Buckner
Burkhalter Y Burns E Butler Y Byrd Y Carter, A
Carter, B Y Casas
Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins, D E Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs E Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

E Heckstall E Hembree E Henson E Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 135, nays 1.

Y Rynders Y Scott, A
Scott, M Y Sellier
Setzler Y Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Sinkfield Y Smith, B E Smith, L Y Smith, R Y Smith, T Y Smith, V Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Thomas Y Thompson Y Walker E Weldon Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

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

Representative Franklin of the 43rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following 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 93. By Representatives Sims of the 119th, Harbin of the 118th and Anderson 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, and to invest in equity investments managed by third-party managers; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 181. By Representatives Austin of the 10th, Roberts of the 154th, Powell of the 171st, Harden of the 28th, Kaiser of the 59th and others:
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.
HB 195. By Representatives Williams of the 178th, Ramsey of the 72nd, Levitas of the 82nd, Maddox of the 127th, Sheldon of the 105th and others:
A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide that members of an electric membership corporation shall be qualified to serve as a juror or grand juror in cases in which the electric membership corporation is a party or is interested; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 334. By Representatives Knight of the 126th, Peake of the 137th, O`Neal of the 146th, Roberts of the 154th and Mosby of the 90th:

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A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of revenue and taxation, so as to change certain provisions regarding forms of payment; to provide for penalties when taxpayers who are required to file electronically do not do so; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 410. 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 provide an exemption from insurance premium taxes for certain insurance products; to make certain technical corrections with regard to certain exemptions from insurance premium taxes for certain insurance products; to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to make certain technical corrections regarding certain income tax deductions and income tax credits; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 452. By Representatives Buckner of the 130th, Meadows of the 5th, Maxwell of the 17th and Gardner of the 57th:
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 a statement of legislative intent; to provide that certain members of the Employees' Retirement System of Georgia, Public School Employees Retirement System, Georgia Legislative Retirement System, and Georgia Judicial Retirement System shall not be eligible to receive any postretirement benefit adjustment; to repeal conflicting laws; and for other purposes.
HB 552. By Representatives Barnard of the 166th, Stephens of the 164th, Lane of the 167th, Bryant of the 160th, Williams of the 178th and others:
A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to change certain provisions relating to standards for wells and boreholes; to change certain provisions relating to bonds and letters of credit for water well contractors or drillers; to repeal conflicting laws; and for other purposes.
HB 555. By Representatives Casas of the 103rd, Jones of the 46th and Coleman of the 97th:

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A BILL to be entitled an Act to amend Code Section 20-2-2068.2 of the Official Code of Georgia Annotated, relating to a facilities fund for charter schools, so as to revise certain provisions relating to the use of surplus property of a local board of education by a local charter school; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 629. By Representative Day of the 163rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Tybee Island, approved April 20, 1995 (Ga. L. 1995, p. 4462), so as to provide for four-year, staggered terms of office for the mayor and councilmembers; to provide for a referendum; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 632. By Representatives Collins of the 27th, Allison of the 8th and Austin of the 10th:
A BILL to be entitled an Act to authorize the governing authority of White County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 666. By Representatives Channell of the 116th, Hudson of the 124th and Parham of the 141st:
A BILL to be entitled an Act to amend an Act creating the Eatonton-Putnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), so as to change certain provisions relating to the composition of the authority; to repeal conflicting laws; and for other purposes.
HB 696. By Representative Hill of the 180th:
A BILL to be entitled an Act to amend an Act creating the St. Marys Convention and Visitors Bureau Authority, approved June 3, 2003 (Ga. L. 2003, 4464), so as to provide for two additional members to the authority; to provide for the removal of such members; to provide for the method of selection for such members; to provide for terms for the members of the authority; to provide for staggered terms for initial members; to provide for an increase of the members required for a quorum; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 712. By Representatives O`Neal of the 146th, Sellier of the 136th, Harden of the 147th and Talton of the 145th:
A BILL to be entitled an Act to authorize the governing authority of the City of Warner Robins to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 713. By Representatives O`Neal of the 146th, Sellier of the 136th, Harden of the 147th and Talton of the 145th:
A BILL to be entitled an Act to authorize the governing authority of the City of Perry to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 728. By Representative Channell of the 116th:
A BILL to be entitled an Act to amend an Act to create and establish the Greene County Airport Authority, approved March 13, 1978 (Ga. L. 1978, p. 3223), so as to change the reimbursement of members of the authority; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 757. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), and by an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 68. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for

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the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 123. By Representatives Ramsey of the 72nd, Bearden of the 68th, Williams of the 178th, Levitas of the 82nd, Peake of the 137th and others:
A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to child molestation; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 248. By Representatives Barnard of the 166th, Ehrhart of the 36th, Drenner of the 86th, Everson of the 106th, Reese of the 98th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.
HB 254. By Representatives Peake of the 137th, Keen of the 179th, Lindsey of the 54th, Rice of the 51st, Scott of the 2nd and others:
A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 315. By Representative Barnard of the 166th:
A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require that certain disclosures be made in writing; to clarify that all

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valuable consideration obtained in a real estate transaction shall be disclosed; to clarify that the amounts of referral fees shall be disclosed; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 495. By Representatives Lane of the 167th, Maxwell of the 17th and Weldon of the 3rd:
A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the appointment, compensation, term, authority, qualifications, training, and limitations of associate probate court judges; to provide for the filling of vacancies in the office of judge of the probate court; to provide for the qualifications of certain judges of the probate court; to provide for the jurisdiction of judges of the probate court; to update language regarding conservators and guardians; to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relations between principal and agent, so as to update language regarding conservators and guardians; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 553. By Representatives Lunsford of the 110th, Butler of the 18th, Stephens of the 164th, Millar of the 79th, Harbin of the 118th 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 comprehensive regulation of local government equipment financing; to provide for a short title; to provide for legislative purposes; to provide for definitions; to create the Local Government Equipment Financing Authority; to provide for members, qualifications, officers, meetings, and procedures; to provide for powers, duties, and authority of the authority; to provide for procedures, conditions, and limitations; to provide for certain bonds, notes, certificates, bond anticipation notes, and other evidences of indebtedness; to provide for related matters; 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 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st 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

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computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible single-family residence; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 280. By Representatives Coleman of the 97th, Ramsey of the 72nd, Cole of the 125th, Pruett of the 144th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to provide for additional compensation for teachers in mathematics or science under certain conditions; to provide for standards for mathematics and science endorsements; to remove the sunset provision from the Georgia Master Teacher Program; 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 233. By Representative Lindsey of the 54th:
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 Speaker assumed the Chair.
Pursuant to Rule 33.8, Representative Franklin of the 43rd asked that HR 29, HR 135, HR 165, HR 282, HR 337, HR 471, HR 533, HR 578, HR 583, HR 622, and SR 96 be removed from the uncontested resolutions calendar and be placed on the general rules calendar.
It was so ordered.
By unanimous consent, the following Resolution of the Senate was taken up for consideration and read the third time:
SR 431. By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Bulloch of the 11th and Fort of the 39th:

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A RESOLUTION designating the Georgia Civil War Heritage Trails; and for other purposes.
The following Committee substitute was read and adopted:
A RESOLUTION
Designating the Georgia Civil War Heritage Trails; and for other purposes.
WHEREAS, the State of Georgia contains countless sites relating to the American Civil War era, including antebellum, military, civilian, African American, women's, Reconstruction, and other significant history; and
WHEREAS, many of these historic sites would be greatly enhanced, both educationally for our children and as tourist attractions, if properly interpreted on site and adequately promoted; and
WHEREAS, by dividing the entire state into six historic regionsthe Chickamauga & Atlanta campaigns, the March to the Sea, the pursuit of Jefferson Davis, Wilson's Raid, the Northeast Georgia mountains, and South Georgia's agricultural bountya comprehensive history of Georgia's Civil War era can be told through the creation, marketing, and maintenance of six historic driving trails; and
WHEREAS, beginning in 2000, a 501(c)(3) nonprofit organization of dedicated Georgians known as Georgia Civil War Heritage Trails began working on the development of six such historic driving trails; and
WHEREAS, Georgia Civil War Heritage Trails has already raised over $1 million in federal grants, plus hundreds of thousands more in both private and public funds, involving well over 100 Georgia city and county jurisdictions to date, plus thousands of Georgia's citizens, and has begun the installation of approximately 300 historic interpretive markers, over 2,000 roadway directional trailblazer signs, the construction of several roadside parking pull-off areas, and the initial printing of over one million new educational/tourist brochures with an informative website (www.gcwht.org); and
WHEREAS, in order for Georgia Civil War Heritage Trails to continue toward full development and success, it needs the continuing cooperation of the Georgia Department of Transportation, of other state agencies, and of local municipalities across the State of Georgia; and
WHEREAS, the State of Georgia, having joined in financially assisting the efforts of Georgia Civil War Heritage Trails, desires to avoid wasting any taxpayer funds by duplicating Georgia Civil War Heritage Trails in any manner or form and to avoid

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confusing Georgia's citizens, guests, and tourists by the duplication of names, titles, logos, signage, routes, or any other distinguishing characteristics of a Civil War era historic driving trail.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the six driving trails already in either development or planned by Georgia Civil War Heritage Trails are to be designated as the official state-wide Civil War Era Historic Driving Trails of Georgia.

BE IT FURTHER RESOLVED that Georgia Civil War Heritage Trails shall have the sole authority to plan, construct, and maintain Civil War era historic driving trails upon any roadway in the State of Georgia.

BE IT FURTHER RESOLVED that the Department of Transportation and all other state agencies are authorized and directed to work cooperatively with Georgia Civil War Heritage Trails state-wide in the latter's creation and placement of appropriate historic interpretive markers, roadway directional trailblazer signage, roadside parking pull-offs, and various marketing materials, including specifically along any state and federal designated highways in all six regions state-wide in which Georgia Civil War Heritage Trails conducts its activities.

BE IT FURTHER RESOLVED that the Department of Transportation and other state agencies are further authorized and directed to work cooperatively with Georgia Civil War Heritage Trails in any other areas of the state not specifically mentioned in this resolution.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the Department of Economic Development, and the Department of Natural Resources.

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

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs

E Heckstall E Hembree Y Henson E Hill, C
Hill, C.A Y Holt Y Horne Y Houston

Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip

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

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Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
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, D E Collins, T
Cooper Y Cox

E Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J
Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Y Mangham

Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Sims, B Sims, C Sinkfield
Y Smith, B E Smith, L Y Smith, R E Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A N 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 148, nays 1.

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

Representative Manning of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Hatfield of the 177th was excused 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:

Benfield of the 85th, Cox of the 102nd, Reece of the 11th, Neal of the 1st, Smith of the 113th, Ralston of the 7th, and Wilkinson of the 52nd.

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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 29. By Representatives Maxwell of the 17th, Levitas of the 82nd, Lunsford of the 110th, Everson of the 106th, Coan of the 101st and others:

A RESOLUTION expressing support for the nation of Israel in its defense against terrorism in the Gaza Strip; 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 Abrams
Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns E Butler
Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs E Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

E Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin
Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A
Scott, M Y Sellier
Setzler Y Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

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On the adoption of the Resolution, the ayes were 149, nays 1.

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

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.

HR 135. By Representatives Loudermilk of the 14th, Dempsey of the 13th, Reece of the 11th and Crawford of the 16th:

A RESOLUTION urging the Capitol Arts Standards Commission to authorize the placement of a portrait in the state capitol honoring Admiral John Henry Towers; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs E Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

E Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey

Y Rynders Y Scott, A
Scott, M Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Sims, C Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A

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Y Cole Y Coleman Y Collins, D E Collins, T
Cooper Y Cox

Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

Y Loudermilk Lucas
Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Randall Y Reece E Reese Y Rice Y Roberts
Rogers

On the adoption of the Resolution, the ayes were 155, nays 0.

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

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

Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 165. By Representatives Smith of the 113th, Rogers of the 26th, Amerson of the 9th, Hembree of the 67th, Cheokas of the 134th and others:

A RESOLUTION requesting four-year colleges and universities of the University System of Georgia to help make Georgia the # 1 DESTINATION FOR ENTREPRENEURS in the United States of America by developing, and expanding, education for the support of science, innovation, technology, energy, and new Georgia entrepreneurs; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs E Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C
Epps, J Y Everson E Floyd Y Fludd

E Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S

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

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R

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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
Collins, D E Collins, T
Cooper Y Cox

N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield Y Heard

Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A
Powell, J Y Pruett Y Ralston
Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the adoption of the Resolution, the ayes were 152, nays 1.

Y Stephenson Y Talton
Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 471. By Representatives Smith of the 70th, McCall of the 30th, Roberts of the 154th, Hanner of the 148th, England of the 108th and others:

A RESOLUTION requesting that the Congress of the United States oppose legislative efforts to expand the reach and scope of the Clean Water Act; and for other purposes.

The following Committee substitute was read and adopted:

A RESOLUTION

Requesting that the Congress of the United States oppose legislative efforts to expand the reach and scope of the Clean Water Act such as the previously proposed Clean Water Restoration Act; and for other purposes.

WHEREAS, over the past 35 years, the federal Clean Water Act (CWA) has governed the nation's waters and has helped ensure that Americans enjoy some of the cleanest rivers and lakes in the world; and

WHEREAS, the CWA has struck a proper balance between protecting our clean water and maintaining state, local, and federal regulatory authority and responsibilities; and

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WHEREAS, states and local governments exercise abundant care over the water and land use decisions that are within their jurisdiction; and
WHEREAS, previously proposed federal legislation, The Clean Water Restoration Act, intended to make extreme changes to the CWA that threaten to destroy the careful intergovernmental balance that has been the hallmark of the law during its long history; and
WHEREAS, this legislation would give the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (the Corps) authority over all interstate and intrastate waters and their tributaries, including nonnavigable waters, thereby granting to Congress authority far beyond the original scope of the CWA; and
WHEREAS, if passed, this legislation would dramatically expand the reach of the federal bureaucracy and would fundamentally erode the ability of state and local governments to manage their own water resources; and
WHEREAS, the legislation would also grant the EPA and the Corps the authority to regulate public or private activities affecting these newly defined waters regardless of whether the activity is occurring in, or may impact, water at all, creating nearly limitless federal permitting requirements that further intrude upon local government land use decisions; and
WHEREAS, a recent nation-wide poll shows that 63 percent of Americans surveyed oppose the proposed extreme changes to the CWA, 47 percent of whom strongly oppose any change in the CWA that would give the federal government veto power over state and local governments when it comes to local land and water use decisions.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body request that the Congress of the United States oppose legislative efforts to expand the reach and scope of the Clean Water Act such as the previously proposed Clean Water Restoration Act, thereby preserving the traditional power of states over land and water use decisions.
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 each member of the Georgia congressional delegation.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

MONDAY, MARCH 30, 2009

3959

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Benfield Y Benton Y Black N Brooks N 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, D E Collins, T
Cooper Y Cox

Crawford Y Davis, H
Davis, S Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs E Dollar Y Dooley N Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd N Fludd N Franklin Y Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield N Heard

E Heckstall E Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley Y Jackson N Jacobs Y James Y Jerguson E Johnson, C N 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 Lindsey N Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin
Martin Y Maxwell E May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris Y Mosby N Murphy
Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B
Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton N Taylor N Teilhet N Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard N Williams, A N 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 123, nays 31.

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

Representative Dobbs of the 53rd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HR 578. By Representatives Loudermilk of the 14th, Graves of the 12th, Dempsey of the 13th, Amerson of the 9th, Hill of the 21st and others:

A RESOLUTION requesting that the United States Fish and Wildlife Service conduct further scientific study in the Etowah River Basin, perform the mandatory five-year review of all federally listed species, and develop an

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Environmental Impact Statement before further review of the Etowah Aquatic Habitat Conservation Plan; 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 N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks
Bruce Bryant N 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, D E Collins, T Y Cooper Y Cox

Crawford E Davis, H
Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs E Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson E Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield N Heard

E Heckstall E Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs Y James Y Jerguson E Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell E May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy
Neal Y Nix
Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

On the adoption of the Resolution, the ayes were 107, nays 49.

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre
Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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

MONDAY, MARCH 30, 2009

3961

HR 583. By Representatives England of the 108th, McCall of the 30th, Maddox of the 172nd, Collins of the 27th, James of the 135th and others:

A RESOLUTION requesting that Congress oppose federal legislation that interferes with a state's ability to direct the transport or processing of horses; 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 N Abrams
Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks
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, D E Collins, T
Cooper Y Cox

Crawford E Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs E Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd N Fludd N Franklin N Frazier Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield N Heard

E Heckstall E Hembree N Henson Y Hill, C
Hill, C.A N Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs Y James Y Jerguson E Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight N Knox Y Lane, B N Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin
Martin Y Maxwell E May N Mayo Y McCall N McKillip Y Meadows N Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy
Neal Y Nix N Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston
Ramsey N Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the adoption of the Resolution, the ayes were 103, nays 49.

Y Rynders Scott, A Scott, M
Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas
Thompson Y Walker E Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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JOURNAL OF THE HOUSE

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

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.

Representative Jones of the 46th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

HR 622. By Representatives Cole of the 125th, Pruett of the 144th, Smith of the 113th, Burns of the 157th, Buckner of the 130th and others:

A RESOLUTION requesting that the Congress of the United States take legislative action to change the current definition of renewable biomass and prevent the passage of any legislation that would control forest management practices on private forest lands; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd N Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon

E Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J

Y Rynders Y Scott, A
Scott, M Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon

MONDAY, MARCH 30, 2009

3963

Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M E Hatfield N Heard

Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the adoption of the Resolution, the ayes were 153, nays 4.

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

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

SR 96.

By Senators Grant of the 25th, Hooks of the 14th, Johnson of the 1st, Harp of the 29th, Douglas of the 17th and others:

A RESOLUTION urging the Board of Trustees and the president of Georgia Military College to maintain the current military programs at the military junior college of Georgia, Georgia Military College; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton
Gardner

E Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons

Y Rynders Y Scott, A
Scott, M Sellier Y Setzler Y Shaw Y Sheldon Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet

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JOURNAL OF THE HOUSE

Y Carter, A Carter, B
Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins, D E Collins, T Y Cooper Y Cox

Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B
Harden, M E Hatfield Y Heard

Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the adoption of the Resolution, the ayes were 155, nays 0.

Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

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

By unanimous consent, HR 337 and SB 117 were postponed until the next legislative day.

SB 8.

By Senators Murphy of the 27th, Hawkins of the 49th, Williams of the 19th and Thomas of the 54th:

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 provide for possession and self-administration of auto-injectable epinephrine by students; to provide for a definition; to provide for local board of education policies; to provide for requirements and conditions; to provide for disciplinary action for misuse of auto-injectable epinephrine; to provide for limited liability; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley

E Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson

Y Manning Y Marin
Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C

MONDAY, MARCH 30, 2009

3965

Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D E Collins, T Y Cooper Y Cox

Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 159, nays 0.

Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

HR 533. By Representatives Carter of the 159th, Bryant of the 160th, Burns of the 157th, Gordon of the 162nd, Stephens of the 164th and others:

A RESOLUTION requesting that the Environmental Protection Division lead efforts to evaluate the appropriate deficit from natural for dissolved oxygen in the Savannah Harbor to allow for protection of aquatic species and the economic viability of the region; 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 N Abrams
Allison Y Amerson

N Crawford E Davis, H Y Davis, S Y Dawkins-Haigler

E Heckstall E Hembree N Henson Y Hill, C

Manning N Marin N Martin Y Maxwell

Y Rynders Y Scott, A N Scott, M Y Sellier

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JOURNAL OF THE HOUSE

N Anderson N Ashe N Austin Y Baker Y Barnard Y Battles N Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks N Bruce Y Bryant N Buckner N Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman N Collins, D E Collins, T Y Cooper Y Cox

Y Day Y Dempsey Y Dickson N Dobbs N Dollar N Dooley N Drenner Y Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson E Floyd N Fludd N Franklin N Frazier Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves N Greene Y Hamilton Y Hanner N Harbin Y Harden, B N Harden, M Y Hatfield N Heard

Y Hill, C.A N Holt N Horne N Houston N Howard N Hudson Y Hugley Y Jackson N Jacobs Y James N 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 Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas N Lunsford Y Maddox, B Y Maddox, G N Mangham

E May N Mayo Y McCall Y McKillip Y Meadows Y Millar N Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver N O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A N Powell, J Y Pruett N Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts N Rogers

On the adoption of the Resolution, the ayes were 93, nays 70.

Y Setzler N Shaw
Sheldon N Shipp N Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L N Smith, R Y Smith, T
Smith, V N Smyre Y Stephens, M Y Stephens, R N Stephenson N Talton N Taylor N Teilhet N Thomas Y Thompson N Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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

SB 24.

By Senators Grant of the 25th, Seay of the 34th, Harp of the 29th, Crosby of the 13th and Stoner of the 6th:

A BILL to be entitled an Act to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for comprehensive provisions regarding management of probationers; to provide for the 'Probation Management Act'; to provide administrative sanctions as an alternative to judicial modification or revocation of probation; to provide for preliminary administrative hearings and hearing officers; to provide for related matters; to repeal conflicting laws; and for other purposes.

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

MONDAY, MARCH 30, 2009

3967

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

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D E Collins, T Y Cooper
Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall E Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin
Martin Y Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 163, nays 1.

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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

SB 199. By Senators Wiles of the 37th, Harp of the 29th and Cowsert of the 46th:

A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to suspend for one year the otherwise required annual training for magistrates and probate judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

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 provide for the suspension for one year of the otherwise required annual training for magistrates and probate 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. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 159-1.1, relating to training requirements for probate judges, by revising subsection (c) as follows:
"(c)(1) Each judge of the probate court shall be required to complete additional training prescribed by the Probate Judges Training Council and the Institute of Continuing Judicial Education of Georgia during each year he or she serves as a judge of the probate court after the initial year of training and shall file a certificate of such additional training issued by the Institute of Continuing Judicial Education of Georgia with the Probate Judges Training Council. (2) For the calendar years 2009 and 2010 only, the Probate Judges Training Council may suspend, in whole or in part, the training requirements of this subsection. If the council suspends such requirements, and if any probate judge has completed all or a portion of the required training prior to suspension of the training requirements, credit for the training so completed shall be carried over and applied to calendar year 2010 or 2011."
SECTION 2. Said title is further amended in Code Section 15-10-137, relating to training requirements for magistrates, by revising subsection (c) as follows:
"(c)(1) In order to maintain the status of a certified magistrate judge, each person certified as such shall complete 20 hours of additional training per annum during each calendar year after the year of his or her initial certification in which he or she serves as a magistrate judge. (2) For the calendar years 2009 and 2010 only, the council may suspend, in whole or in part, the training requirements of this subsection. If the council suspends such requirements, and if any magistrate judge has completed all or a portion of the required training prior to suspension of the training requirements, credit for the training so completed shall be carried over and applied to calendar year 2010 or 2011."

MONDAY, MARCH 30, 2009

3969

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 N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black 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, D E Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart N England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey N Long N Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp
Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R N Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon 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 11.

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JOURNAL OF THE HOUSE

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.
SB 141. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to change provisions relating to foreclosures and deficiency judgements; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents and other instruments pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to provide for filing documents when a deficiency judgment is sought; to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, so as to provide for recording of documents relating to sales under power and deficiency judgments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, so as to require recording of documents relating to sales under power; to change provisions relating to sales made on foreclosure under power of sale, mailing of notice to debtor, and applicability of notice requirement; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, is amended by revising Code Section 44-14-160, relating to recording of foreclosures and deed under power, as follows:
"44-14-160. Within 90 days of a foreclosure sale, all deeds under power shall be recorded by the holder of a deed to secure debt or a mortgage with the clerk of the superior court of the county or counties in which the foreclosed property is located. When the holder of a deed to secure debt or a mortgage forecloses the same and sells the real property thereby secured under the laws of this state governing foreclosures and sales under

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power and the purchaser thereof presents to the clerk of the superior court his deed under power to have the same recorded, the The clerk shall write in the margin of the page where the deed to secure debt or mortgage foreclosed upon is recorded the word 'foreclosed' and the deed book and page number on which is recorded the deed under power conveying the real property; provided, however, that, in counties where the clerk keeps the records affecting real estate on microfilm, the notation provided for in this Code section shall be made in the same manner in the index or other place where the clerk records transfers and cancellations of deeds to secure debt."

SECTION 2. Said article is further amended by revising Code Section 44-14-162.3, relating to sales made on foreclosure under power of sale, mailing of notice to debtor, and applicability of notice requirement, as follows:
"44-14-162.3. (a) The notice requirement of Code Section 44-14-162.2 shall apply only to the exercise of a power of sale of property all or part of which is to be used as a dwelling place by the debtor at the time the mortgage, security deed, or lien contract is entered into. (b) The notice requirement of Code Section 44-14-162.2 shall apply to all nonjudicial foreclosure sales under a mortgage, security deed, or other lien contract taking place after July 1, 1981, this Code section being procedural and remedial in purpose. (c) No waiver or release of the notice requirement of Code Section 44-14-162.2 shall be valid when made in or contemporaneously with the security instrument containing the power of nonjudicial foreclosure sale; but, notwithstanding the requirements of Code Sections 44-14-162.1, 44-14-162.2, this Code section, and Code Section 44-14162.4, a subsequent quitclaim deed in lieu of foreclosure shall be valid and effective as such."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

E Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs

E Heckstall Y Hembree Y Henson
Hill, C Y Hill, C.A Y Holt Y Horne Y Houston

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo Y McCall Y McKillip

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

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Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D E Collins, T Y Cooper Y Cox

Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick
Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin
Harden, B Y Harden, M Y Hatfield Y Heard

Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon 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 1.

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

Representatives Gordon of the 162nd and Kaiser of the 59th stated that 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 Abrams of the 84th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 104. By Senators Wiles of the 37th, Thomas of the 54th and Unterman of the 45th:

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 amend certain definitions; to change certain provisions relating to the two levels of cosmetic laser services licenses; to provide the

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Composite State Board of Medical Examiners with the authority to waive certain requirements as to certain facilities; to provide for the license and expertise requirements of at least one member of the advisory committee; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
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 amend certain definitions; to change certain provisions relating to the two levels of cosmetic laser services licenses; to change the requirements relating to consulting physicians; to require certain information be provided as part of informed consent; to provide the Composite State Board of Medical Examiners with the authority to waive certain requirements as to certain facilities; to provide for the license and expertise requirements of at least one member of the advisory committee; 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. Article 9 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetic laser services, is amended by revising Code Section 43-34-242, relating to definitions relative to cosmetic laser services, as follows:
"43-34-242. As used in this article, the term:
(1) 'Board' means the Composite State Board of Medical Examiners created by Code Section 43-34-21. (2) 'Consulting physician' means a person licensed to practice medicine under Article 2 of this chapter and:
(A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the facility with whom he or she has an agreement to provide services in accordance with Code Section 43-34-248. (3) 'Consumer' means a person on whom cosmetic laser services are or are to be performed. (4) 'Cosmetic laser practitioner' means a person licensed under this article to provide cosmetic laser services as defined in this article and whose license is in good standing. (5) 'Cosmetic laser services' means nonablative elective cosmetic light based skin care, photo rejuvenation, or hair removal using lasers and or pulsed light devices

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approved by the United States Food and Drug Administration for noninvasive procedures. Such services and the provision thereof shall not be considered to be the practice of medicine. (6) 'Facility' means any location, place, area, structure, office, institution, or business or a part thereof in which is performed or provided cosmetic laser services regardless of whether a fee is charged for such services. (7) 'License' means a valid and current certificate of registration issued by the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (8) 'Licensee' means any person holding a license under this article. (9) 'Medical practitioner' means a registered professional nurse, licensed practical nurse, nurse practitioner, physician's assistant, or physician. (10) 'Nurse' means a registered professional nurse, licensed practical nurse, or nurse practitioner. (11) 'Person' means a natural person."
SECTION 2. Said article is further amended by revising Code Section 43-34-244, relating to two levels of licenses and applications, as follows:
"43-34-244. (a) There shall be two levels of a license for a cosmetic laser practitioner: assistant laser practitioner and senior laser practitioner. (b) Any person desiring to obtain a license as a cosmetic laser practitioner under the terms of this article shall make application to the board as follows:
(1) An applicant for an 'assistant laser practitioner' license shall present proof that he or she:
(A) Holds a current valid license or certificate of registration as a physician's assistant, licensed practical nurse, nurse, esthetician, or master cosmetologist, or has previously held a license or certificate of registration as a medical practitioner; and (B) Has received at least three laser certificates from attending laser/intense pulsed light (IPL) courses as approved by the board, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational requirements; is of good moral character; and is possessed of the requisite skill to perform properly cosmetic laser services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the assistant laser practitioner level under the direct on-site supervision of a senior laser practitioner. (2) An applicant for a 'senior laser practitioner' license shall present proof that he or she: (A) Holds a current valid license or certificate of registration as a physician's assistant or nurse or has previously held a license or certificate of registration as a medical practitioner;

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(B) Has at least three years of clinical or technological medical experience, or both; (C) Has been or was licensed or nationally board certified as a medical practitioner for at least three years; and (D) Has received at least two laser certificates from attending laser/intense pulsed light (IPL) continuing medical education courses as approved by the board, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational and clinical training requirements to perform cosmetic laser services with indirect supervision; is of good moral character; and is possessed of the requisite skill to perform properly these services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the senior laser practitioner level pursuant to the protocols of a consulting physician. (c) The board shall be authorized to waive any education requirements under this Code section in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who has practiced as a cosmetic laser practitioner prior to July 1, 2007. Any person desiring to obtain a license as an 'assistant laser practitioner' who does not meet the requirements of paragraph (1) of subsection (b) of this Code section shall also be eligible for a license as an 'assistant laser practitioner' if he or she makes application to the board within nine months of the effective date of this article and presents proof that he or she: (1) Prior to the effective date of this article, obtained a minimum of at least 2,000 hours of experience in administering cosmetic laser service; and (2) Has received at least two laser certificates from attending laser/intense pulsed light (IPL) courses, directly taught by a licensed physician or certified continuing medical education or continuing education educator. (d) Should an applicant have a current cosmetic laser practitioner license or certificate of registration in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have submitted an application, the applicant may be issued a license at the appropriate level entitling him or her to practice the occupation of a cosmetic laser practitioner at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this article. The board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice as a cosmetic laser practitioner outside of this state and who desires to obtain a license at a level authorized under this Code section to practice as a cosmetic laser practitioner in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate."

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SECTION 3. Said article is further amended by revising Code Section 43-34-248, relating to agreement with consulting physician, as follows:
"43-34-248. (a) Any facility providing cosmetic laser services other than hair removal using lasers or pulsed light devices shall have an agreement with a consulting physician who shall:
(1) Be trained in laser modalities; (2) Establish proper protocols for the cosmetic laser services provided at the facility and file such protocols with the board; and (3) Examine each patient prior to any cosmetic laser service other than hair removal using lasers or pulsed light devices being performed; provided, however, that a consulting physician may delegate the authority to perform such examination to a physician's assistant who is a licensed cosmetic laser practitioner, in accordance with a job description approved by the board, or to a registered professional nurse who is also an advanced practice registered nurse as defined in paragraph (1.1) of Code Section 43-26-3 and who is a licensed cosmetic laser practitioner, pursuant to a protocol approved by the board; and provided, further, that in facilities subject to the provisions of Code Section 43-34-249.1 such delegation may be to: (A) a physician's assistant who is not required to be a licensed cosmetic laser practitioner, in accordance with a job description approved by the board; or (B) a registered professional nurse who is also an advanced practice registered nurse who is not required to be a licensed cosmetic laser practitioner, in accordance with a protocol approved by the board; and (3)(4) Be available for emergency consultation with the cosmetic laser practitioner or anyone employed by the facility. (b) Any facility providing cosmetic laser services other than hair removal using lasers or pulsed light devices shall have a supervisor present at the facility or immediately available for consultation and supervision either personally or via telecommunications. The supervisor shall supervise the performance of all cosmetic laser services performed by a person other than the consulting physician. The supervisor shall be a physician licensed under this chapter who is trained in laser modalities or a senior laser practitioner. (c)(1) Any facility providing cosmetic laser services other than hair removal using lasers or pulsed light devices shall post a sign listing the consulting physician's name, emergency contact number, his or her board certification and specialty, and the address of his or her principal place of practice, and indicating whether he or she is presently on site at the facility. (2) If the consulting physician is not on site for any period of time during which the facility is open, the facility shall post a sign indicating who is presently acting as the supervisor for the facility and that person's name, emergency contact number, his or her degrees and qualifications, and the type of cosmetic laser practitioner license held."

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SECTION 4. Said article is further amended by revising Code Section 43-34-249, relating to informed consent, as follows:
"43-34-249. (a) Prior to receiving cosmetic laser services from a cosmetic laser practitioner, a person must consent in writing to such services and shall be informed in writing of the general terms of the following:
(1) The nature and purpose of such proposed procedure; (2) Any material risks generally recognized and associated with the cosmetic laser service to be performed which, if disclosed to a reasonably prudent person in the customer's position, could reasonably be expected to cause such prudent person to decline such proposed cosmetic laser services on the basis of the material risk of injury that could result from such proposed services; (3) The name of, degrees and qualifications held by, and type of license licenses obtained by the individual who will be performing the cosmetic laser service has obtained;, and with respect to cosmetic laser services other than hair removal, the supervisor and the consulting physician; and (4) The steps to be followed after the cosmetic laser service is performed in the event of any complications.; and (5) With respect to cosmetic laser services other than hair removal, the emergency contact information for the consulting physician and the address of his or her principal place of practice. (a.1) After receiving each cosmetic laser service other than hair removal, a person shall be informed in writing of the information required by paragraphs (4) and (5) of subsection (a) of this Code section. (b) It shall be the responsibility of the cosmetic laser practitioner to ensure that the information required by subsection (a) subsections (a) and (a.1) of this Code section is disclosed and that the consent provided for in this Code section is obtained. (c) Where the consumer is under 18 years of age, the consent of the consumer's parent or legal guardian shall be required. (d) The board shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this Code section specifically including but not limited to the disciplining of a cosmetic laser practitioner who fails to comply with this Code section. (e) Nothing in this Code section shall prohibit the information provided for in this Code section from being disclosed through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with the cosmetic laser practitioner; provided, however, that such information is also provided in writing and attached to the consent form which the consumer signs."
SECTION 5. Said article is further amended by adding a new Code section to read as follows:
"43-34-249.1.

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The board shall have the authority to waive the requirements of subsection (c) of Code Section 43-34-248 and paragraph (5) of subsection (a) of Code Section 43-34-249 for facilities offering cosmetic laser services which serve as a principal place of practice at which a physician regularly sees patients if medical services are regularly performed at such facilities. For purposes of this Code section, 'medical services' shall mean the general and usual services and care rendered and administered by a physician."

SECTION 6. Said article is further amended by revising Code Section 43-34-250, relating to the advisory committee, as follows:
"43-34-250. The board shall appoint an advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds, to the extent practical, of the licensed cosmetic laser practitioners licensed under this article and such members as the board in its discretion may determine. The advisory committee shall include at least one person licensed to practice medicine under this chapter and specialized in a field with expertise in the biologic behavior of the skin. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine, including but not limited to consulting with the board on the issuance, denial, suspension, and revocation of licenses and the promulgation of rules and regulations under this article. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory committee members must be licensed pursuant to this article."

SECTION 7. This Act shall become effective only if and when the "Georgia Cosmetic Laser Services Act," approved May 29, 2007 (Ga. L. 2007, p. 626), becomes effective as provided in Section 2 therein.

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 Allison Y Amerson Y Anderson

Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day

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

Y Manning Y Marin Y Martin Y Maxwell E May

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler

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Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D E Collins, T Y Cooper Y Cox

Y Dempsey N Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A N Powell, J E Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice N Roberts Y Rogers

Y Shaw Sheldon
Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker E Weldon 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 156, nays 8.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Resolution of the House was read and adopted:

HR 780. By Representatives Taylor of the 55th, Heard of the 114th, Frazier of the 123rd, Dukes of the 150th, Randall of the 138th and others:

A RESOLUTION recognizing and commending United States Attorney General Mr. Eric H. Holder, Jr.; and for other purposes.

The Speaker announced the House in recess until 1:15 o'clock, this afternoon.

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AFTERNOON SESSION

The Speaker called the House to order.

Representative Golick of the 34th 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 56 SB 59 SB 180

Do Pass, by Substitute Do Pass, by Substitute Do Pass, by Substitute

Respectfully submitted, /s/ Golick of the 34th
Chairman

The following Resolutions of the House were read and adopted:

HR 822. By Representative Richardson of the 19th:

A RESOLUTION recognizing and commending Mr. Irvin Thomas Terrell; and for other purposes.

HR 823. By Representative Dawkins-Haigler of the 93rd:

A RESOLUTION congratulating the Miller Grove High School varsity boys basketball team on winning their first Class AAAA State Championship; and for other purposes.

HR 825. By Representative Scott of the 2nd:

A RESOLUTION recognizing and commending Jim and Cecilia Touchton; and for other purposes.

HR 826. By Representative Millar of the 79th:

A RESOLUTION recognizing Georgia Spelling Bee Champion Julia Denniss; and for other purposes.

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HR 827. By Representative Smith of the 168th:
A RESOLUTION recognizing and commending Mr. Adam Murphy; and for other purposes.
HR 828. By Representative Hill of the 21st:
A RESOLUTION recognizing and commending David Fritz Sullivan III; and for other purposes.
HR 829. By Representative Harden of the 147th:
A RESOLUTION recognizing and commending Slosheye Trail Big Pig Jig; and for other purposes.
HR 830. By Representative Smith of the 168th:
A RESOLUTION recognizing the honorary name of County Road 212 in Bacon County as the James Deen Road and urging that a sign should be erected below the official name of Swamp Road given by the Bacon County Board of Commissioners which would read as follows: "In Honor of James Deen"; and for other purposes.
HR 831. By Representative Jackson of the 142nd:
A RESOLUTION recognizing and commending Ms. Mendy Cole for outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 832. By Representative Jackson of the 142nd:
A RESOLUTION recognizing and commending Mrs. Debra Sue Braswell for her outstanding contributions to public education in the State of Georgia; and for other purposes.
HR 833. By Representative Jackson of the 142nd:
A RESOLUTION recognizing and commending Mrs. Pamela K. Holmes for her outstanding contributions to public education in the State of Georgia; and for other purposes.

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HR 834. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Miriam Smith; and for other purposes.
HR 835. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Hope Rogers; and for other purposes.
HR 836. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Leadership McDuffie Board Member Lisa Adams; and for other purposes.
HR 837. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Pam Yates; and for other purposes.
HR 838. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Leadership McDuffie Board Member Irish Alderman; and for other purposes.
HR 839. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Lynda Stewart; and for other purposes.
HR 840. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Leadership McDuffie Board Member Kelly Evans; and for other purposes.
HR 841. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Leadership McDuffie Board Member Mike Love; and for other purposes.
HR 842. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Leadership McDuffie Board Member Micky Young; and for other purposes.

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HR 843. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Leadership McDuffie Board Member Ella Mae Samuels; and for other purposes.
HR 844. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Leadership McDuffie Board Member Lisa Tucker; and for other purposes.
HR 845. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Leadership McDuffie Board Member Barry Whitfield; and for other purposes.
HR 846. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Leadership McDuffie Board Member Bobby Hildreth; and for other purposes.
HR 847. By Representative Hudson of the 124th:
A RESOLUTION recognizing and commending Leadership McDuffie Board Member Lagaile Jones; and for other purposes.
HR 849. By Representatives Mangham of the 94th, Brooks of the 63rd and Collins of the 95th:
A RESOLUTION recognizing March 30, 2009, as Africa Day at the Georgia State Capitol; and for other purposes.
HR 850. By Representatives Setzler of the 35th, Loudermilk of the 14th, Casas of the 103rd and Walker of the 107th:
A RESOLUTION requesting that the German federal government recognize the rights of parents to home school their children; and for other purposes.
HR 851. By Representatives Allison of the 8th, Collins of the 27th, Graves of the 12th, Neal of the 1st, Ralston of the 7th and others:
A RESOLUTION recognizing and commending Mr. Kevin Harris, the 9th District Republican Party Chairman; and for other purposes.

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HR 852. By Representatives Ralston of the 7th, Benfield of the 85th and Oliver of the 83rd:
A RESOLUTION recognizing and commending the Ellijay Wildlife Rehab Sanctuary and Craig and Debbie Cylke; and for other purposes.
HR 853. By Representatives Ralston of the 7th and Graves of the 12th:
A RESOLUTION recognizing and commending Mr. Hans Rueffert; and for other purposes.
HR 854. By Representatives Abrams of the 84th, Mangham of the 94th, Mosby of the 90th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd and others:
A RESOLUTION honoring the life and memory of Mrs. Azzie Lee Preston; and for other purposes.
HR 855. By Representatives Abrams of the 84th, Mangham of the 94th, Mosby of the 90th, Dawkins-Haigler of the 93rd, Stephenson of the 92nd and others:
A RESOLUTION recognizing and commending Ms. Joann Price; and for other purposes.
HR 856. By Representatives Hugley of the 133rd and Smyre of the 132nd:
A RESOLUTION congratulating the Columbus Stars youth basketball team on winning the Youth Basketball Association of America Championship; and for other purposes.
HR 857. By Representatives Hugley of the 133rd and Smyre of the 132nd:
A RESOLUTION commending Evelyn Mathis; and for other purposes.
HR 858. By Representatives O`Neal of the 146th and Talton of the 145th:
A RESOLUTION commending Alan Bowers; and for other purposes.
HR 859. By Representatives Taylor of the 55th, Beasley-Teague of the 65th, Brooks of the 63rd, Long of the 61st and Sinkfield of the 60th:
A RESOLUTION recognizing and commending Mr. Gene Ferguson; and for other purposes.

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HR 860. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Tony Amerson; and for other purposes.
HR 861. By Representatives Smyre of the 132nd and Hugley of the 133rd:
A RESOLUTION honoring the life and memory of Mr. Benjamin Charles Reese; and for other purposes.
HR 862. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, P.J. Alderman; and for other purposes.
HR 863. By Representatives Henson of the 87th, Drenner of the 86th, Chambers of the 81st, Benfield of the 85th, Oliver of the 83rd and others:
A RESOLUTION commending the General Federation of Women's Clubs and recognizing April 24, 2009, as General Federation of Women's Clubs Day at the state capitol; and for other purposes.
HR 864. By Representative Epps of the 128th:
A RESOLUTION commending the East Depot High School Class of 1969; and for other purposes.
HR 865. By Representative Ralston of the 7th:
A RESOLUTION recognizing and commending Stephen Aaron; and for other purposes.
HR 866. By Representative Everson of the 106th:
A RESOLUTION recognizing and commending Dr. Robert D. Peterson on the occasion of his retirement; and for other purposes.
HR 867. By Representative Powell of the 29th:
A RESOLUTION honoring and celebrating the 100th birthday of Ms. Mildred Ray; and for other purposes.

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HR 868. By Representative McCall of the 30th:
A RESOLUTION honoring the life and memory of Ms. Aundra Bolton; and for other purposes.
HR 869. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Tim McEnery; and for other purposes.
HR 870. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Hazel Battle; and for other purposes.
HR 871. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Donna Branch; and for other purposes.
HR 872. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Sherrika Brown; and for other purposes.
HR 873. By Representatives O`Neal of the 146th, Sims of the 169th, Mills of the 25th, Scott of the 153rd, Peake of the 137th and others:
A RESOLUTION commending Christen Crosby; and for other purposes.
HR 874. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Sheron Rutkowski; and for other purposes.
HR 875. By Representatives O`Neal of the 146th, Keen of the 179th and Roberts of the 154th:
A RESOLUTION honoring the life and memory of Mr. Samuel Randolph "Randy" Roberts; and for other purposes.

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HR 876. By Representative Dobbs of the 53rd:
A RESOLUTION recognizing and commending the 2008 Lovett High School boys lacrosse team on winning the GHSA All Classification State Championship; and for other purposes.
HR 877. By Representative Dobbs of the 53rd:
A RESOLUTION congratulating the Lovett High School girls cross country team on winning their fourth consecutive GHSA Class AA State Championship; and for other purposes.
HR 878. By Representative Glanton of the 76th:
A RESOLUTION recognizing Traveler's Rest Baptist Church; and for other purposes.
HR 879. By Representatives Stephens of the 161st, Gordon of the 162nd, Bryant of the 160th, Day of the 163rd, Long of the 61st and others:
A RESOLUTION recognizing and commending Mr. Michael O'Neal; and for other purposes.
HR 880. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Percival Galloway; and for other purposes.
HR 881. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Angie Roberts; and for other purposes.
HR 882. By Representative Hudson of the 124th:
A RESOLUTION commending a future leader, Robert Hall; and for other purposes.
The following Resolution of the House was read and adopted:
HR 848. By Representative Smith of the 168th:

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A RESOLUTION honoring the life and memory of Mr. John William Belcher III; 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 26.

By Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Smith of the 52nd and others:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to limit the disclosure of certain private information of firefighters; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to limit the disclosure of certain private information of firefighters; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, is amended by revising paragraph (13) of subsection (a) as follows:
"(13) Records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue, law enforcement officers, firefighters as defined in Code Section 25-4-2, judges, emergency medical technicians and paramedics, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, and prosecutors or identification of immediate family members or dependents thereof;"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

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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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B
Casas Chambers E Channell Y Cheokas E Coan E Cole Coleman Y Collins, D Y Collins, T Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson
Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox
Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin
Martin Maxwell E May Y Mayo Y McCall Y McKillip Y Meadows Millar Mills Y Mitchell Y Morgan Morris Mosby Y Murphy Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers

Rynders Y Scott, A Y Scott, M
Sellier Setzler Shaw Sheldon Y Shipp Y Sims, B Sims, C Y Sinkfield Smith, B Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Walker E Weldon 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 129, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Graves of the 12th, Jacobs of the 80th, 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.

SB 55.

By Senators Pearson of the 51st, Rogers of the 21st, Shafer of the 48th and Williams of the 19th:

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A BILL to be entitled an Act to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change the factors to be considered in determining fair market value of real property; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change the factors required to be considered in determining fair market value of real property; to change the deadline for filing for forest land conservation use assessment; to change certain provisions regarding the establishment of the equalized adjusted property tax digest; to change certain provisions regarding notice of changes made in taxpayers' returns; 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. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, by revising subparagraph (B) of paragraph (3) as follows:
"(B) The tax assessor shall consider the following criteria in determining the fair market value of real property:
(i) Existing zoning of property; (ii) Existing use of property, including any restrictions or limitations on the use of property resulting from state or federal law or rules or regulations adopted pursuant to the authority of state or federal law; (iii) Existing covenants or restrictions in deed dedicating the property to a particular use; and (iv) Foreclosure sales, bank sales, other financial institution owned sales, or distressed sales, or any combination thereof, of comparable real property; (v) Decreased value of the property based on limitations and restrictions resulting from the property being in a conservation easement; and (iv)(vi) Any other existing factors deemed pertinent in arriving at fair market value."
SECTION 2. Said chapter is further amended by revising paragraph (1) of subsection (j) of Code Section 48-5-7.7, relating to forest land conservation use assessment, as follows:

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"(j)(1) For the taxable year beginning January 1, 2009, all 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 June 1 of 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. For each taxable year beginning on or after January 1, 2010, 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."
SECTION 3. Said chapter is further amended by revising subsection (c) of Code Section 48-5-274 relating to the establishment of the equalized adjusted property tax digest, as follows:
"(c) The assessment ratio of assessed value to fair market value of county property to be established by the state auditor for the purposes of paragraph (8) of subsection (b) of this Code section shall be established through the use of personnel of the Department of Audits and Accounts who have sufficient competence and expertise by way of education, training, and experience in the fields of property evaluation and appraisal

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techniques. The Department of Audits and Accounts shall use the Standard on Assessment-Ratio Studies published by the International Association of Assessing Officers or its successors to determine the valid transactions necessary to establish accurately the measure of central tendency described in paragraph (8) of subsection (b) of this Code section; provided, however, that standard shall only be used to the extent it does not conflict with criteria enumerated in subparagraph (B) of paragraph (3) of Code Section 48-5-2."
SECTION 4. Said chapter is further amended by revising subsections (a) and (b) of Code Section 48-5306, relating to notice of changes made in taxpayers' returns, to read as follows:
"(a) Method of giving notice to taxpayer of changes made in such taxpayer's return. Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer and if in the opinion of the board any taxpayer has omitted from such taxpayer's returns any property that should be returned or has failed to return any of such taxpayer's property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only such taxpayer's proportionate share of taxes. When any such corrections, or changes, including valuation increases or decreases, or equalizations have been made by the board, the board shall, within five days, give written notice to the taxpayer of any such changes made in such taxpayer's returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice through the United States mail as first-class mail to the taxpayer's last known address. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered 'Return in five days to' the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type -- 'OFFICIAL TAX MATTER.' (b) Contents of notice.
(1) The notice required to be given by the county board of tax assessors under subsection (a) of this Code section shall be dated and shall contain the name and last known address of the taxpayer. If the assessment of the value of the taxpayer's property is changed, the notice shall contain:
(A) The amount of the previous assessment; (B) The amount of the current assessment; (C) The year for which the new assessment is applicable;

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(D) A brief description of the assessed property broken down into real and personal property classifications; (E) The fair market value of property of the taxpayer subject to taxation and the assessed value of the taxpayer's property subject to taxation after being reduced; and (F) The name and phone number of the person in the assessors' office that who is administratively responsible for the handling of the appeal and that who the taxpayer may contact if they have the taxpayer has questions about the reasons for the assessment change or the appeals process. (2) In addition to the items required under paragraph (1) of this subsection, the notice shall contain a statement of the taxpayer's right to an appeal, which statement shall be in substantially the following form: 'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors either followed by an appeal to the county board of equalization or to arbitration and in either case, to appeal to the superior court. If you wish to file an appeal, you must do so in writing no later than 30 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).'"

SECTION 5. 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, 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.

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip

Y Rynders Scott, A
Y Scott, M Sellier
Y Setzler Y Shaw
Sheldon Y Shipp

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Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers E Channell Y Cheokas E Coan E Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James 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
Lane, B Y Lane, R Y Levitas Y Lindsey
Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Meadows Millar
Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Sims, B Sims, C
Y Sinkfield Smith, B Smith, L
Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson
Walker E Weldon 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 Graves of the 12th and Sheldon of the 105th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 240. By Senators Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Staton of the 18th and Johnson of the 1st:

A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for the comprehensive revision of the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

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A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, county boards of equalization, and appeals of ad valorem tax assessments, so as to revise and change certain procedures relative to the appeal of assessments for ad valorem tax purposes; 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 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, county boards of equalization, and appeals of ad valorem tax assessments, is amended in subsection (f) by adding new paragraphs to read as follows:
"(4) For any dispute involving the value of real property, at the option of the taxpayer, an appeal may be submitted to binding arbitration in accordance with this paragraph:
(A) Following an election by the taxpayer to use the binding arbitration provisions of this subsection, a binding arbitration appeal shall be effected by the taxpayer filing a written notice of arbitration with the county board of tax assessors. The notice of arbitration shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments, the time for filing the notice of appeal shall be 30 days. Prior to appointment of the arbitrator and within 30 days of filing the notice of appeal, the taxpayer shall provide a copy of the value certified by a professional real estate appraiser as classified by the Georgia Real Estate Appraisers Board as specified in this paragraph to the board of assessors for consideration. If, within 30 days of receiving the taxpayer's certified appraisal, the board of assessors accepts the taxpayer's appraisal, that value shall become final. If the county board of tax assessors rejects the taxpayer's appraisal, the county board of tax assessors shall certify within 30 days the appeal to the clerk of the superior court along with any other papers specified by the person seeking arbitration, including, but not limited to, the staff information from the file used by the county board of tax assessors. All papers and information certified to the clerk shall become a part of the record on arbitration. Within 15 days of filing the certification to the clerk of the superior court, the judge shall issue an order authorizing the arbitration; and (B) The arbitration shall be conducted pursuant to the following procedure:
(i) If the parties agree, the matter shall be submitted to a single arbitrator chosen by the parties. If the parties cannot agree on the single arbitrator, the arbitrator

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shall be chosen by the chief judge of the superior court of the circuit in which the property is located; (ii) In order to be qualified to serve as an arbitrator, a person shall be classified as a State Certified General Property Appraiser pursuant to the rules and regulations of the Georgia Real Estate Appraisers Board and shall have experience or expertise in appraising the type of property that is the subject of the arbitration; (iii) The arbitrator, within 30 days after his or her appointment, shall set a time and place to hear evidence and testimony from both parties. He or she shall provide written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. The arbitrator may adjourn or postpone the hearing. The chief judge of the superior court of the circuit in which the property is located may direct the arbitrator to proceed promptly with the hearing and the determination of the appeal upon application of any party; (iv) At the hearing, the parties shall be entitled to be heard, to present documents, testimony, and other matters, and to cross-examine witnesses. The arbitrator may hear and determine the controversy upon the documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear; (v) The arbitrator shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrator or any party to the proceeding may have the proceedings transcribed by a court reporter; (vi) The provisions of this paragraph may be waived at any time by written consent of the taxpayer and the board of tax assessors; (vii) Within 30 days of the date of the hearing, the arbitrator shall render a decision regarding the value of the property subject to arbitration; (viii) In order to determine the value, the arbitrator shall consider a single value for the property submitted by the board of assessors and a single value submitted by the taxpayer. The taxpayer shall be responsible for the cost of any appraisal by the taxpayer's appraiser; (ix) Upon consideration of the single value submitted by the board of assessors and the single value submitted by the taxpayer, and evidence supporting the values submitted by the board of assessors and the taxpayer, the arbitrator shall determine which value is the value for the property under appeal; (x) If the taxpayer's value is determined by the arbitrator to be the value, the county shall be responsible for the fees and costs of such arbitrator. If the board of tax assessors' value is determined by the arbitrator to be the value, the taxpayer shall be responsible for the fees and costs of such arbitrator; and (xi) The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. (5) The provisions in subsection (c) of Code Section 48-5-299 shall apply to the valuation established or rendered by any arbitrator or board of arbitration. (6) If the county's tax bills are issued before an arbitrator or board of arbitration has rendered its decision on property which is on appeal, the county board of tax assessors

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shall specify to the county tax commissioner the higher of the taxpayer's return valuation or 85 percent of the current year's valuation as set by the county board of tax assessors. This amount shall be the basis for a temporary tax bill to be issued. Such tax bill shall be accompanied by a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon resolution of the appeal, there may be additional taxes due or a refund issued."
SECTION 2. Said Code section is further amended by revising subsection (g) as follow:
"(g) Appeals to the superior court. (1) The taxpayer or, except as otherwise provided in this paragraph and except for a determination of value by an arbitrator pursuant to paragraph (4) of subsection (f) of this Code section, the county board of tax assessors may appeal decisions of the county board of equalization, the arbitrator, or the arbitrators, as applicable, to the superior court of the county in which the property lies. A county board of tax assessors may shall not appeal a decision of the county board of equalization or arbitrator or board of arbitration, as applicable, other than an arbitration pursuant to paragraph (4) of subsection (f) of this Code section changing an assessment by 15 20 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal, and, within ten days of receipt of the notice, the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by mailing to or filing with the county board of tax assessors a written notice of appeal. Any such notice of appeal which is mailed pursuant to this paragraph shall be deemed to be filed as of the date of the United States Postal Service postmark on such notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization is mailed pursuant to subparagraph (e)(6)(D) of this Code section or within 30 days from the date on which the arbitration decision is rendered pursuant to subparagraph (f)(3)(D) of this Code section, whichever is applicable. The county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by either the county board of tax assessors or the county board of equalization. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the

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taxpayer or and his or her attorney or agent of record, if any, with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving their opinions of value and the validity of their proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court may, upon motion or sua sponte, authorize the finding that the value asserted by the taxpayer is unreasonable and authorize the determination of the final value of the property.
(4)(A) The appeal shall be heard before a jury at the first term following the filing of the appeal unless continued by the court upon a showing of good cause. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury shall be held within 40 30 days following the date on which the appeal is filed with the clerk of the superior court. The time of any hearing shall be set in consultation with the taxpayer and at a time acceptable to the taxpayer between the hours of 8:00 A.M. and 7:00 P.M. on a business day.
(B)(i) The county board of tax assessors shall use the valuation of the county board of equalization or the arbitrator or arbitrators, as applicable, in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization, the arbitrator, or the arbitrators, as applicable, the taxpayer shall receive a deduction in such taxpayer's taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from November 15 of the taxable year in question or the date the final installment of the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. (ii) If the final determination of value on appeal is 80 percent or less of the valuation set by the county board of equalization as to commercial property, or 85 percent or less of the valuation set by the county board of tax assessors as to other property, the taxpayer, in addition to the interest provided for by this paragraph, shall recover costs of litigation and reasonable attorney's fees incurred in the action. This division shall not apply when the property owner has failed to return for taxation the property that is under appeal. (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

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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 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 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 property tax appeals submitted to arbitration or appealed to superior court on or after that date.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 E Channell Y Cheokas Y Coan

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey N Long

Y Manning Y Marin Y Martin
Maxwell May N Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A

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E Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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.

Due to a mechanical malfunction, the vote of Representative Mangham of the 94th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bills and Resolution of the House were taken up for the purpose of considering the Senate action thereon:

HB 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:

A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.

Representative Smith of the 129th moved that the House insist on its position in amending the Senate substitute to HB 277 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

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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.
HR 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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.
Representative Smith of the 129th moved that the House insist on its position in amending the Senate substitute to HR 206 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.
HB 280. By Representatives Coleman of the 97th, Ramsey of the 72nd, Cole of the 125th, Pruett of the 144th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to employment under the "Quality Basic Education Act," so as to provide for additional compensation for teachers in mathematics or science under certain conditions; to provide for standards for mathematics and science endorsements; to remove the sunset provision from the Georgia Master Teacher Program; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:

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Amend HB 280 by adding after line 26:

"(4) This subsection shall be subject to appropriations of the General Assembly."

Representative Coleman of the 97th moved that the House agree to the Senate amendment to HB 280.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield N Benton
Black Y Brooks Y Bruce Y Bryant N Buckner Y Burkhalter N Burns E Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers E Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar Y Dooley N Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson N Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 130, nays 28.

Y Manning Y Marin
Martin Maxwell Y May N Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Powell, A Y Powell, J Y Pruett N Ralston Y Ramsey N Randall N Reece E Reese Y Rice N Roberts Y Rogers

Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw
Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker E Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

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HB 170. By Representatives Lane of the 167th and Barnard of the 166th:
A BILL to be entitled an Act to amend Code Section 12-5-287 of the Official Code of Georgia Annotated, relating to leasing of state owned marshland or water bottoms, so as to change the amount of annual rental fees from fair market value to a fixed rate; to provide for annual fee adjustments; 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 Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands, so as to change certain provisions relating to leasing of state owned marshland or water bottoms; to change certain provisions relating to activities to which said part is not applicable; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands, is amended by revising subsection (d) of Code Section 125-287, relating to leasing of state owned marshland or water bottoms, as follows:
"(d) Each lease granted under this Code section shall be upon such provisions, requirements, and conditions as the committee shall make and shall, except as provided in subsections (g) and (h) of this Code section, provide for a primary term of not more than ten years. Each lease, except as provided in subsections (g) and (h) of this Code section, shall require the payment of an annual rental fee set by the committee which, as of the effective date of this subsection, shall be not less than the fair market rental value of the state owned marshland or water bottoms leased thereby and $1,000.00 per acre, which acreage shall consist of the covered area of dock structures and a ten-foot buffer surrounding such dock structures; and the committee shall in each calendar year thereafter adjust the amount of the annual rental fee per acre to reflect the effect of annual inflation or deflation for the immediately preceding calendar year in accordance with rules and regulations adopted by the board, which rules and regulations may use for this purpose the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor or any other similar index established by the federal government, if the board determines that such federal index reflects the effect of inflation and deflation on the lessees. Except as provided in subsections (g) and (h) of this Code section, an initial lease shall be for the annual fee in effect and established by the committee at the time such lease is entered into. Such lease shall be adjusted

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annually thereafter as provided in this subsection. Each lease may provide for two renewal terms, each of which shall not be for a term of more than equal duration to the primary term. Rental fees shall be paid in one installment to the department not later than July 15 of each year. A penalty of 10 percent of the annual rental shall be assessed for late payment. Failure to pay rental by August 1 of the year due shall result in the cancellation of the lease."

SECTION 2. Said part is further amended by revising paragraph (4) of Code Section 12-5-295, relating to activities to which said part is not applicable, as follows:
"(4) Activities of public utility companies regulated by the Public Service Commission, electric membership corporations, public authorities operating electric systems, or municipal electric systems incident to constructing, erecting, repairing, and maintaining utility lines for the transmission of gas, electricity, or telephone messages;"

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that Section 1 of this Act shall not be applied to impair an obligation of contract entered into prior to such effective date.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 167th moved that the House agree to the Senate substitute to HB 170.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J

Y Manning Y Marin
Martin Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M

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Y Buckner Y Burkhalter Y Burns E Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers E Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 157, nays 1.

Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 495. By Representatives Lane of the 167th, Maxwell of the 17th and Weldon of the 3rd:

A BILL to be entitled an Act to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the appointment, compensation, term, authority, qualifications, training, and limitations of associate probate court judges; to provide for the filling of vacancies in the office of judge of the probate court; to provide for the qualifications of certain judges of the probate court; to provide for the jurisdiction of judges of the probate court; to update language regarding conservators and guardians; to amend Article 2 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to relations between principal and agent, so as to update language regarding conservators and guardians; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the appointment, compensation, term, authority, qualifications, training, and limitations of associate probate court judges; to provide for

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the filling of vacancies in the office of judge of the probate court; to provide for the qualifications of certain judges of the probate court; to provide for the jurisdiction of judges of the probate court; to update language regarding conservators and guardians; 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 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by adding a new Code section to read as follows:
"15-9-2.1. (a) Appointment, compensation, and term.
(1) The judge of the probate court may appoint one or more persons to serve as associate judges of the probate court in probate matters on a full-time or part-time basis subject to the approval of the governing authority of the county. Such associate judges of the probate court shall serve at the pleasure of the judge of the probate court. (2) Whenever a full-time associate judge of the probate court is appointed to serve in a probate court, the clerk of the probate court shall forward a certified copy of the order of appointment to the Council of Probate Court Judges of Georgia. (3) Full-time associate judges of the probate court shall be included in the list of members of the Council of Probate Court Judges of Georgia as set forth in Code Section 15-9-15. An associate judge of the probate court shall not be a voting member and shall not serve as an officer of the Council of Probate Court Judges of Georgia. (4) Compensation of the associate judges of the probate court shall be fixed by the judge of the probate court subject to the approval of the governing authority or governing authorities of the county or counties for which the associate judge of the probate court is appointed. The salary and any employment benefits of each associate judge of the probate court shall be paid from county funds. No associate judge of the probate court shall be eligible to participate in the Judges of the Probate Courts Retirement Fund of Georgia. (5) The term of employment of an associate judge of the probate court shall run concurrently with the term of the elected judge of the probate court pursuant to Code Section 15-9-1. (b) Authority. Both full-time and part-time associate judges of the probate court shall be vested with all of the authority of the judge of the probate court of the county or counties for which the associate judge of the probate court is appointed. In all proceedings before the court, the judgment of the associate judge of the probate court shall be the final judgment of the court for appeal purposes. (c) Qualifications and training requirements. (1) With the exception of the residency requirement set forth in subparagraph (a)(1)(B) of Code Section 15-9-2, all associate judges of the probate court shall have

MONDAY, MARCH 30, 2009

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the same qualifications required of the elected judge of the probate court of the county or counties for which the associate judge of the probate court is appointed. (2) All full-time associate judges of the probate court shall complete the training requirements set forth for judges of the probate court in Code Section 15-9-1.1. All part-time associate judges of the probate court shall be required to attend a minimum of nine hours in an area related to probate court, mental health, or traffic matters as determined by the elected judge of the probate court. All probate required training shall be paid for by the governing authority or governing authorities of the county or counties for which the associate judge of the probate court is appointed. (d) Oath and bond. (1) Before entering on the duties of their offices, all full-time and part-time associate judges of the probate court shall take the oaths required of all civil officers and, in addition, the following oath:
'I do swear that I will well and faithfully discharge the duties of associate judge of the probate court for the County of __________________ during my continuation in office, according to law, to the best of my knowledge and ability, without favor or affection to any party. So help me God.' (2) The clerk of the probate court shall make an entry of the oath of each associate judge of the probate court on the minutes of the probate court. In the case of an associate judge of the probate court serving as a magistrate, no oath, certificate, or commission shall be required except the oath and commission of the associate judge of the probate court as an associate judge of the probate court. (e) Restriction on the practice of law and the fiduciary role. (1) It shall be unlawful for any full-time associate judge of the probate court to engage in any practice of law outside his or her role as an associate judge of the probate court. It shall be unlawful for any part-time associate judge of the probate court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner in any manner in any case, proceeding, or matter of any kind in his or her own court or in any other court in any case, proceeding, or any other matters of which his or her own court has pending jurisdiction or has jurisdiction. It shall be unlawful for any associate judge of the probate court, full-time or part-time, to give advice or counsel to any person on any matter of any kind whatsoever that has arisen directly or indirectly in his or her own court, except such advice or counsel as he or she is called upon to give while performing the duties of an associate judge of the probate court. (2) The provisions of subsection (b) of Code Section 15-9-2 regarding limitations on the fiduciary role apply to both full-time and part-time associate judges of the probate court. (f) Assumption of duties upon vacancy in the office of judge of probate court. Notwithstanding the provisions of subsection (c) of Code Section 15-9-2 or Code Sections 15-9-10, 15-9-11, and 15-9-11.1, the senior full-time associate judge of the probate court shall be the first in line to serve as judge of the probate court in the event of a vacancy in the office of the judge of probate court and shall dispense with any and

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all unfinished proceedings pursuant to Code Section 15-9-12. The associate judge of the probate court shall be eligible to fill a vacancy in the office of probate judge for the remainder of the unexpired term without regard to whether such associate probate judge meets any residency requirements otherwise imposed by law; however, the associate probate judge shall become a resident of the county before qualifying for election to the office of probate judge. Any associate probate judge taking office as authorized by this subsection shall thereafter be eligible to succeed himself or herself as long as he or she remains a resident of the county. (g) Proceedings when an associate judge of the probate court is disqualified. Whenever the judge of the probate court is disqualified to act in any case pursuant to Code Section 15-9-13, the associate judge of the probate court shall also be disqualified."
SECTION 2. Said chapter is further amended by revising subsection (c) of Code Section 15-9-4, relating to additional eligibility requirements in certain counties, as follows:
"(c) A judge of the probate court holding such office on or after June 30, 2000, shall continue to hold such office and shall be allowed to seek reelection for such office. Notwithstanding the requirement that in certain counties the judge of the probate court be admitted to practice law for seven years preceding election, no decision, judgment, ruling or other official action of any judge of the probate court shall be overturned, denied, or overruled based solely on this requirement for qualification, election, and holding the office of judge of the probate court."
SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 15-9-11, relating to calling of special election to fill vacancy, as follows:
"(a) When a vacancy occurs in the office of judge of the probate court in any county, it shall be the duty of the person who assumes the duties of the judge, as provided in Code Section 15-9-10, within ten days after the vacancy occurs, to order a special election for the purpose of filling the vacancy. He or she shall give notice of the special election by publication in the newspaper in which the citations of the judge of the probate court are published. The special election shall be held in accordance with Chapter 2 of Title 21. Notwithstanding the provisions of this subsection, if the vacancy occurs after January 1 in the last year of the term of office of the judge of probate court, the person assuming the duties of the judge of the probate court shall be commissioned for and shall serve the remainder of the unexpired term of office."
SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 15-9-30, relating to subject matter jurisdiction, as follows:
"(a) Probate courts have authority, unless otherwise provided by law, to exercise original, exclusive, and general jurisdiction of the following subject matters:

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(1) The probate of wills; (2) The granting of letters testamentary and of administration and the repeal or revocation of the same; (3) All controversies in relation to the right of executorship or administration; (4) The sale and disposition of the property belonging to, and the distribution of, deceased persons' estates; (5) The appointment and removal of guardians of minors, conservators of minors, guardians of incapacitated adults, and conservators of incapacitated adults and persons who are incompetent because of mental illness or mental retardation; (6) All controversies as to the right of guardianship and conservatorship, except that the probate court shall not be an appropriate court to take action under Code Section 19-7-4; (7) The auditing and passing of returns of all executors, administrators, guardians of property, conservators, and guardians; (8) The discharge of former sureties and the requiring of new sureties from administrators, guardians of property, conservators, and guardians; (9) All matters as may be conferred on them by Chapter 3 of Title 37; (10) All other matters and things as appertain or relate to estates of deceased persons and to persons who are incompetent because of mental illness or mental retardation; and (11) All matters as may be conferred on them by the Constitution and laws."

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Lane of the 167th moved that the House agree to the Senate substitute to HB 495.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T

Y Manning Y Marin Y Martin
Maxwell May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre

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Y Bryant 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 Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Floyd Fludd
Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 161, nays 1.

Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 315. By Representative Barnard of the 166th:

A BILL to be entitled an Act to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require that certain disclosures be made in writing; to clarify that all valuable consideration obtained in a real estate transaction shall be disclosed; to clarify that the amounts of referral fees shall be disclosed; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to require that certain disclosures be made in writing; to clarify that all valuable consideration obtained in a real estate transaction shall be disclosed; to clarify that the amounts of referral fees shall be disclosed; 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:

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SECTION 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by revising paragraphs (6), (29), and (35) of subsection (b) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices, as follows:
"(6) Accepting, giving, or charging any undisclosed commission, fee, rebate, or direct profit, or other valuable consideration on expenditures made for a principal or any undisclosed commission, fee, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection, or for any other service related to a real estate transaction;" "(29) Failing to cause or preventing the disclosure of, on a real estate transaction settlement statement, settlement document, lease agreement, or management agreement, any fee, charge, rebate, profit, commission, referral fee, or other valuable consideration for any service related to such transaction and the recipient of the consideration; Reserved;" "(35) Failing to obtain a person's written agreement to refer that person to another licensee for brokerage or relocation services and to inform such person being referred whether or not the licensee will receive a valuable consideration for such referral and an estimate of such consideration."

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 Barnard of the 166th moved that the House agree to the Senate substitute to HB 315.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England

E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R

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Y Black Y Brooks
Bruce Y Bryant Y Buckner Y Burkhalter Y Burns E Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

E Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jerguson E 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 Lindsey N Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 158, nays 2.

Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts N Rogers

Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Carter of the 159th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 248. By Representatives Barnard of the 166th, Ehrhart of the 36th, Drenner of the 86th, Everson of the 106th, Reese of the 98th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

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A BILL
To amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to provide for voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels; to provide a short title; to provide legislative declarations; to define certain terms; to provide for power and duties of the director of the Environmental Protection Division; to provide criteria for qualifying for a voluntary remediation program; to provide for corrective action; to provide for program standards and policies; to provide for rules and regulations; 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 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, is amended by adding a new part to read as follows:
"Part 3
12-8-100. This part shall be known and may be cited as the 'Georgia Voluntary Remediation Program Act.'
12-8-101. (a) It is declared to be the public policy of the State of Georgia to encourage the voluntary and timely investigation and remediation of properties where there have been releases of regulated substances into the environment for the purpose of reducing human and environmental exposure to safe levels, to protect current and likely future use of groundwater, and to ensure the cost-effective allocation of limited resources that fully accomplish the provisions, purposes, standards, and policies of this part. (b) The General Assembly declares its intent to encourage voluntary and cost-effective investigation and remediation of qualifying properties under this part and that provisions of this part shall apply and take precedence over any conflicting provisions, regulations, or policies existing under Part 2 of this article with regard to any properties properly enrolled in the voluntary remediation program created under this part.
12-8-102. (a) Unless otherwise provided in this part, the definition of all terms included in Code Sections 12-8-62, 12-8-92, and 12-8-202 shall be applicable to this part. (b) As used in this part, the term:

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(1) 'Cleanup standards' means those rules and regulations adopted by the board pursuant to Code Section 12-8-93. (2) 'Constituents of concern' means the specific regulated substances that may contribute to unacceptable exposure at a site. (3) 'Controls' means institutional controls or engineering controls. (4) 'Engineering controls' means any physical mechanism, device, measure, system, or actions taken at a property that minimize the potential for exposure, control migration or dispersal, or maintain the effectiveness of other remedial actions. Engineering controls may include, without limitation, caps, covers, physical barriers, containment structures, leachate collection systems, ground water or surface water control systems, solidification, stabilization, treatment, fixation, slurry walls, and vapor control systems. Engineered property development features shall be acceptable as engineering controls provided these features physically control or eliminate the potential for exposure to contaminants of concern or control migration. (5) 'Exposure' means contact of a constituent of concern with a receptor. (6) 'Exposure domain' means the contaminated geographical area or areas of a site that can result in exposure to a particular receptor by a specified exposure pathway: the soil exposure domain for routine surficial contact with site soils is the soil area impacted by site constituents of concern from the ground surface down to a depth of two feet below ground surface; the soil exposure domain for exposure of construction workers or underground utility workers is the impacted area of site soils from the ground surface down to the depth of construction; and the soil exposure domain for protection of groundwater at an established point of exposure is the impacted area of site soils from the ground surface down to the uppermost groundwater zone. (7) 'Exposure pathway' means a route by which a receptor comes into contact with a constituent of concern. (8) 'Fate and transport parameters' means quantitative factors that describe the various media through which constituents of concern migrate from a source of release to a receptor. (9) 'Institutional controls' means legal or administrative measures that minimize the potential for human exposure to contaminants of concern or protect and enhance the integrity of a remedy or engineering controls. Examples include, without restriction: easements, covenants, deed notices, well drilling or groundwater use prohibitions, zoning restrictions, digging restrictions, orders, building permit conditions, and landuse restrictions. (10) 'Point of demonstration wells' means monitoring wells located between the source of site groundwater contamination and the actual or estimated downgradient point of exposure. (11) 'Point of exposure' means the nearest of the following locations:
(A) The closest existing down gradient drinking water supply well; (B) The likely nearest future location of a downgradient drinking water supply well where public supply water is not currently available and is not likely to be made available within the foreseeable future; or

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(C) The hypothetical point of drinking water exposure located at a distance of 1000 feet downgradient from the delineated site contamination under this part. (12) 'Proof of financial assurance' means a mechanism, in a form specified by the director, designed to demonstrate that sufficient funds will be available to implement and maintain specific actions or controls. Mechanisms for proof of financial assurance include, but are not limited to, insurance, trust funds, surety bonds, letters of credit, performance bonds, certificates of deposit, financial tests, and corporate guarantees. (13) 'Receptor' means any human or sensitive organism which is or has the reasonable potential to be adversely affected by the release of constituents of concern. (14) 'Representative concentration' means the average concentration to which a specified receptor is exposed over an exposure duration within a relevant exposure domain for soils or at an established or estimated point of exposure for groundwater and consistent with United States Environmental Protection Agency guidance for determination of average exposure concentration. (15) 'Voluntary remediation program' means the program established under this part. (16) 'Voluntary remediation property' means a qualifying property enrolled in the voluntary remediation program. (17) 'Technical impracticability' means the inability to fully delineate or remediate contamination without incremental expenditures disproportionate to the incremental benefit. An example may include, without limitation, dense non-aqueous phase liquids in fractured bedrock settings.
12-8-103. The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as necessary to provide for the investigation and remediation of voluntary remediation properties, to the extent necessary to facilitate the accomplishment of the provisions, purposes, standards, and policies of this part.
12-8-104. (a) The director shall have the power and duty:
(1) To make determinations, in accordance with procedures and criteria enumerated in this part, as to whether a property qualifies and an applicant is eligible for the voluntary remediation program; (2) To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, voluntary remediation plans; (3) To approve, in accordance with procedures and criteria enumerated in this part and rules and regulations promulgated pursuant to this part, compliance status reports; (4) To concur with certifications of compliance; (5) To collect application fees from participants; and

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(6) To grant waivers of all or any portion of the fees provided by this part for any small business or for any county, municipality, or other political subdivision of this state. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper.
12-8-105. In order to be considered a qualifying property for the voluntary remediation program under this part, a property shall meet the following criteria:
(1) The property must be listed on the inventory under Part 2 of this article or be a property which meets the criteria of Code Section 12-8-205 or otherwise have a release of regulated substances into the environment; (2) The property shall not:
(A) Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq.; (B) Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency; or (C) Be a facility required to have a permit under Code Section 12-8-66; (3) Qualifying the property under this part would not violate the terms and conditions under which the division operates and administers remedial programs by delegation or similar authorization from the United States Environmental Protection Agency; and (4) Any lien filed under subsection (e) of Code Section 12-8-96 or subsection (b) of Code Section 12-13-12 against the property shall be satisfied or settled and released by the director pursuant to Code Section 12-8-94 or Code Section 12-13-6.
12-8-106. A participant in the voluntary remediation program must meet the following criteria:
(1) Be the property owner of the voluntary remediation property or have express permission to enter another's property to perform corrective action including, to the extent applicable, implementing controls for the site pursuant to written lease, license, order, or indenture; (2) Not be in violation of any order, judgement, statute, rule, or regulation subject to the enforcement authority of the director; and (3) Meet other such criteria as may be established by the board pursuant to Code Section 12-8-103.
12-8-107. (a) In order to enroll any qualifying property in the voluntary remediation program described in this part, an applicant shall submit to the director a voluntary remediation plan prepared by a registered professional engineer or a registered professional geologist who is registered with the State Board of Registration for Professional

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Engineers and Land Surveyors or the State Board of Registration for Geologists and who has experience in responsible charge of the investigation and remediation of such releases. The voluntary remediation plan shall be in such streamlined form as may be prescribed by the director; provided, however, that the plan shall, at minimum, enumerate and describe those actions planned to bring the qualifying property into compliance with the applicable cleanup standards, with one or more registered professionals to be retained by the applicant at its sole cost to oversee the investigation and remediation described in the plan; all in accordance with the provisions, purposes, standards, and policies of the voluntary remediation program. The voluntary remediation plan shall be considered an application for enrollment in the voluntary remediation program, and a nonrefundable application fee of $5,000.00 shall be submitted with the application. The director may, at any time, invoice the participant for any costs to the division in reviewing the application or subsequent document that exceed the initial application review fee, including reasonably detailed itemization and justification of the costs. Failure to remit payment within 60 days of receipt of such invoice may cause rejection of the participant from the voluntary remediation program. The director may not issue a written concurrence with a certification of compliance if there is an outstanding fee to be paid by the participant. (b) Upon the director's approval of the voluntary remediation plan described in subsection (a) of this Code section, the qualifying property shall be deemed enrolled, and the applicant deemed a participant, in the voluntary remediation program. It shall be the responsibility of the participant to cause one or more registered professionals to oversee the implementation of said plan in accordance with the provisions, purposes, standards, and policies of this part. The registered professional shall submit at least semi-annual status reports to the director describing the implementation of the plan during the preceding period. Upon request of the applicant, the director shall have the discretion to approve annual or longer periods for submittal of status reports. Within 30 days of the director's approval of the voluntary remediation plan described in subsection (a) of this Code section, the director shall cause any relevant voluntary remediation property listed on the inventory under Part 2 of this article to be designated as undergoing corrective action pursuant to the voluntary remediation program. (c) The director may issue an order requiring the participant to submit proof of financial assurance for continuing actions or controls upon issuance of the director's approval with the voluntary remediation plan. (d) The participant may terminate at any time the enrollment of the property in the voluntary remediation program and the participant's requirements under this part. The director may terminate, at any time prior to approval of the compliance status report described in subsection (e) of this Code section, the enrollment of the property in the voluntary remediation program and the participant's requirements under this part if the director determines that either:
(1) The participant has failed to implement the voluntary remediation plan in accordance with the provisions, purposes, standards, and policies of the voluntary remediation program; or

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(2) Such continued enrollment would result in a condition which poses an imminent or substantial danger to human health and the environment. (e) Upon completion of corrective action under this Code section, the participant shall cause to be prepared a compliance status report confirming consistency of the corrective action with the provisions, purposes, standards, and policies of the voluntary remediation program and certifying the compliance of the relevant voluntary remediation property with the applicable cleanup standards in effect at the time. (f) Upon receipt of the compliance status report described in subsection (d) of this Code section, a decision of concurrence with the report and certification shall be issued on evidence satisfactory to the director that it is consistent with the provisions, purposes, standards, and policies of the voluntary remediation program. The participant shall comply with the applicable public participation requirements for compliance status reports as promulgated pursuant to Part 2 of this article. Within 90 days of the director's written concurrence, the director shall cause the property to be removed from the inventory under Part 2 of this article. (g) In addition to other provisions of this part: (1) The director shall remove the voluntary remediation property from the inventory if the participant demonstrates to the director at the time of enrollment, in accordance with rules and regulations promulgated by the board pursuant to Part 2 of this article, that a release exceeding a reportable quantity did not exist at the voluntary remediation property, unless the director issues a decision that such release poses an imminent or substantial danger to human health and the environment; (2) The participant shall not be required to perform corrective action or to certify compliance for groundwater if the voluntary remediation property was listed on the inventory as a result of a release to soil exceeding a reportable quantity for soil but was not listed on the inventory as a result of a release to groundwater exceeding a reportable quantity, and if the participant further demonstrates to the director at the time of enrollment that a release exceeding a reportable quantity for groundwater does not exist at the voluntary remediation property; and the groundwater protection requirements for soils shall be based on protection of the established point of exposure for groundwater as provided under this part. The director may require annual groundwater monitoring for up to five years for a voluntary remeditation property removed from the inventory pursuant to this paragraph unless the director determines that further monitoring is necessary to protect human health and the environment; and (3) The limitations provided under subparagraph (c)(3)(B) of Code Section 12-2-2 shall not apply to the director's decisions or actions under this part. (h) Any voluntary remediation property or site relying on controls, including, but not limited to, groundwater use restrictions for the purposes of certifying compliance with cleanup standards, shall execute a covenant restricting such use in conformance with O.C.G.A. 44-16-1, et seq., the 'Georgia Uniform Environmental Covenants Act.' The division shall maintain an inventory of such properties as provided for in that statute.

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12-8-108. At the participant's option, any or all of the following standards and policies may be considered and used in connection with the investigation and remediation of a voluntary remediation property under this part:
(1) Site delineation concentration criteria. Satisfactory evidence of the definition of the horizontal and vertical delineation of soil or groundwater contamination for the purposes of this part may be determined on the basis of any of the following concentrations; provided, however, that the provisions of subparagraphs (B) and (C) of this paragraph shall not be used if the concentrations are higher than as provided in subparagraph (E) of this paragraph:
(A) Concentrations from an appropriate number of samples that are representative of local ambient or anthropogenic background conditions not affected by the subject site release; (B) Soil concentrations less than those concentrations that require notification under standards promulgated by the board pursuant to Part 2 of this article; (C) Two times the laboratory lower detection limit concentration using an applicable analytical test method recognized by the United States Environmental Protection Agency, provided that such concentrations do not exceed all cleanup standards; (D) For metals in soils, the concentrations reported for Georgia undisturbed native soil samples as reported in the United States Geological Survey (USGS) Open File Report 8 1-197 (Boerngen and Shacklette, 1981), or such later version as may be adopted by rule or regulation of the board; or (E) Default, residential cleanup standards; (2) Exposure pathway. A site-specific exposure pathway shall be considered complete if there are no discontinuities in or impediments to constituent of concern movement, including without limitation controls, from the source of the release to the receptor. Otherwise, the exposure pathway shall be incomplete and there shall be no exposure pathway that requires evaluation; (3) Representative exposure concentrations. Compliance with site-specific cleanup standards shall be determined on the basis of representative concentrations of constituents of concern in soils across each applicable soil exposure domain, and the representative concentrations for groundwater at a point of exposure; (4) Point of demonstration monitoring for groundwater. Concentrations of sitespecific constituents of concern in groundwater shall be measured and evaluated at a point of demonstration well to demonstrate that groundwater concentrations are protective of any established downgradient point of exposure; (5) Cleanup standards for soil. Compliance with site-specific cleanup standards for soil may be based on: (A) Direct exposure factors for surficial soils within two feet of the land surface; (B) Construction worker exposure factors for subsurface soils to a specified subsurface construction depth; and

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(C) Soil concentrations for protection of groundwater criteria (at an established point of exposure for groundwater as defined under this part) for soils situated above the uppermost groundwater zone. Whenever such depth-specific soil criteria are applied, the voluntary remediation plan for the site shall include a description of the continuing actions and controls necessary to maintain compliance; (6) Available Cleanup standards. Any cleanup standard lawfully promulgated pursuant to Code Section 12-8-93 that is protective of human health and the environment and accomplishes the provisions, purposes, standards, and policies of this part may be used without demonstrating that a different cleanup standard is inappropriate or impracticable; (7) Fate and transport parameters. Compliance with site-specific cleanup standards may be determined on the basis of any fate and transport model recognized by the United States Environmental Protection Agency or United States Geological Survey and using most probable representative values for model parameters as adopted by the board; (8) Source material. Compliance with site-specific cleanup standards that require that source material be removed may be satisfied when such material is removed, decontaminated, or otherwise immobilized in the subsurface, to the extent practicable; and (9) Technical impracticability. Site delineation or remediation beyond the point of technical impracticability shall not be required if the site does not otherwise pose an imminent or substantial danger to human health and the environment."

SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Barnard of the 166th moved that the House agree to the Senate substitute to HB 248.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar

E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B

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Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 161, nays 1.

Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts
Rogers

Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 123. By Representatives Ramsey of the 72nd, Bearden of the 68th, Williams of the 178th, Levitas of the 82nd, Peake of the 137th and others:

A BILL to be entitled an Act to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to child molestation; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain provisions relating to child molestation; to provide a definition; to provide for venue; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by revising Code Section 16-6-4, relating to child molestation and aggravated child molestation, as follows:
"16-6-4. (a) A person commits the offense of child molestation when he or she does such person:
(1) Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or (2) By means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person. (b)(1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. (2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d)(1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) A person convicted of the offense of aggravated child molestation when:
(A) The victim is at least 13 but less than 16 years of age;

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(B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and (C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1. (e) A person shall be subject to prosecution in this state pursuant to Code Section 17-21 for any conduct made unlawful by paragraph (2) of subsection (a) of this Code section which the person engages in while: (1) Either within or outside of this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides in this state; or (2) Within this state if, by such conduct, the person commits a violation of paragraph (2) of subsection (a) of this Code section which involves a child who resides within or outside this state."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Ramsey of the 72nd moved that the House agree to the Senate substitute to HB 123.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden Y Beasley-Teague N Benfield Y Benton
Black Y Brooks
Bruce Y Bryant Y Buckner

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd

E Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson E Johnson, C
Johnson, T Y Jones, J Y Jones, S

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R

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Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 151, nays 3.

Y O'Neal Parham
Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 550. By Representatives Meadows of the 5th, Dempsey of the 13th, Neal of the 1st, Loudermilk of the 14th, Burkhalter of the 50th and others:

A BILL to be entitled an Act to amend Code Section 33-14-76 of the Official Code of Georgia Annotated, relating to conversion of a mutual insurer to a stock insurer, so as to provide an additional method of payment by a mutual life insurer of the equity; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

Amend HB 550 by adding after the semicolon on line 28 the following: provided, however, that the insurer may not impose a surrender charge on any policyholder electing to surrender his or her paid-up life insurance policy for its cash value;

Representative Meadows of the 5th moved that the House agree to the Senate amendment to HB 550.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey

E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt

Y Manning Y Marin Y Martin Y Maxwell E May Y Mayo

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw

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Y Austin Y Baker
Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner
Dukes Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 160, nays 0.

Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 312. By Representatives Hill of the 21st, Mills of the 25th, Coan of the 101st, Greene of the 149th, Knight of the 126th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to incorporate provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110-289; 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

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To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to incorporate provisions of the federal S.A.F.E. Mortgage Licensing Act of 2008, a part of the Housing and Economic Recovery Act of 2008, Public Law 110-289; 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by revising Article 13, relating to the licensing of mortgage lenders and mortgage brokers, as follows:
"ARTICLE 13
7-1-1000. As used in this article, the term:
(1) 'Affiliate' or 'person affiliated with' means, when used with reference to a specified person, a person who directly, indirectly, or through one or more intermediaries controls, is controlled by, or is under common control with the person specified. Any beneficial owner of 20 10 percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, joint venturer, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, joint venturer, or general partner shall prove that he or she in fact does not control, is not controlled by, or is not under common control with such person. (2) 'Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independent certified public accountant, which product consists of an opinion on the financial statements indicating their conformity with generally accepted accounting principles. (3) 'Commissioner' means the commissioner of banking and finance. (3)(4) 'Commitment' or 'commitment agreement' means a statement by a lender required to be licensed or registered under this article that sets forth the terms and conditions upon which the lender is willing to make a particular mortgage loan to a particular borrower. (4)(5) 'Control,' including 'controlling,' 'controlled by,' and 'under common control with,' means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting or nonvoting securities, by contract, or otherwise. (6) 'Department' means the Department of Banking and Finance. (7) 'Depository institution' has the same meaning as in Section 3 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(c), and includes any credit union.

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(8) 'Dwelling' means a residential structure that contains one to four units, whether or not that structure is attached to real property pursuant to Regulation Z Section 226.2(a)(19). The term includes an individual condominium unit, cooperative unit, mobile home, and trailer if it is used as a residence. (5)(9) '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 managerial or supervisory functions with respect to any organization whether incorporated or unincorporated. (6)(10) 'Extortionate means' means the use or the threat of violence or other criminal means to cause harm to the person, reputation of the person, or property of the person. (11) 'Federal banking agencies' means the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance Corporation. Such term shall also include the Board of Governors of the Federal Reserve System. (6.1)(12) 'Georgia Residential Mortgage Act' means this article., which also includes certain provisions in order to implement the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. (13) 'Individual' means a natural person. (7)(14) 'License' means a license issued by the department under this article to act as a mortgage loan originator, mortgage lender, or mortgage broker. (15) 'Loan processor or underwriter' means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of a person licensed or exempt from licensing. For purposes of this paragraph, 'clerical or support duties' may include, subsequent to the receipt of an application, the receipt, collection, distribution, and analysis of information common for the processing or underwriting of a residential mortgage loan; and communicating with a consumer to obtain the information necessary for the processing or underwriting of a loan, to the extent that such communication does not include offering or negotiating loan rates or terms or counseling consumers about residential mortgage loan rates or terms. An individual engaging solely in loan processor or underwriter activities shall not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities of a mortgage loan originator. (8)(16) 'Lock-in agreement' means a written agreement whereby a lender or a broker required to be licensed or registered under this article guarantees for a specified number of days or until a specified date the availability of a specified rate of interest for a mortgage loan, a specified formula by which the rate of interest will be determined, or a specific number of discount points if the mortgage loan is approved and closed within the stated period of time.

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(9)(17) 'Makes a mortgage loan' means to advance funds, offer to advance funds, or make a commitment to advance funds to an applicant for a mortgage loan. (10)(18) 'Misrepresent' means to make a false statement of a substantive fact. Misrepresent may also mean to intentionally engage in any conduct which leads to a false belief which is material to the transaction. (11)(19) 'Mortgage broker' means any person who directly or indirectly solicits, processes, places, or negotiates mortgage loans for others, or offers to solicit, process, place, or negotiate mortgage loans for others or who closes mortgage loans which may be in the mortgage broker's own name with funds provided by others and which loans are assigned within 24 hours of the funding of the loans to the mortgage lenders providing the funding of such loans. (12)(20) 'Mortgage lender' means any person who directly or indirectly makes, originates, underwrites, or purchases mortgage loans or who services mortgage loans. (13)(21) 'Mortgage loan' means a loan or agreement to extend credit made to a natural person, which loan is secured by a deed to secure debt, security deed, mortgage, security instrument, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property located in Georgia, regardless of where made, including the renewal or refinancing of any such loan. (22) 'Mortgage loan originator' means an individual who for compensation or gain or in the expectation of compensation or gain takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan. Generally, this does not include an individual engaged solely as a loan processor or underwriter except as otherwise provided in paragraph (5) of subsection (a) of Code Section 7-11002; a person or entity that only performs real estate brokerage activities and is licensed or registered in accordance with Georgia law unless the person or entity is compensated by a mortgage lender, mortgage broker, or other mortgage loan originator or by any agent of such mortgage lender, mortgage broker, or other mortgage loan originator; and does not include a person or entity solely involved in extensions of credit relating to time-share plans, as that term is defined in 11 U.S.C. Section 101(53D). (23) 'Nationwide Mortgage Licensing System and Registry' means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators, mortgage loan brokers, and mortgage loan lenders. (24) 'Nontraditional mortgage product' means any mortgage product other than a 30 year fixed rate mortgage. (14)(25) 'Person' means any individual, sole proprietorship, corporation, limited liability company, partnership, trust, or any other group of individuals, however organized. (26) 'Real estate brokerage activity' means any activity that involves offering or providing real estate brokerage services to the public, including acting as a real estate

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agent or real estate broker for a buyer, seller, lessor, or lessee of real property; bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property; negotiating, on behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property, other than in connection with providing financing with respect to any such transaction; engaging in any activity for which a person engaged in the activity is required to be registered or licensed as a real estate agent or real estate broker under any applicable law; and offering to engage in any activity or act in any capacity described herein. (27) 'Registered mortgage loan originator' means any individual who meets the definition of mortgage loan originator, is registered with and maintains a unique identifier through the Nationwide Mortgage Licensing System and Registry, and is an employee of:
(A) A depository institution; (B) A subsidiary that is:
(i) Owned and controlled by a depository institution; and (ii) Regulated by a federal banking agency; or (C) An institution regulated by the Farm Credit Administration. (15)(28) 'Registrant' means any person required to register pursuant to Code Sections 7-1-1001 and 7-1-1003.2. (16)(29) 'Residential property' means improved real property used or occupied, or intended to be used or occupied, as the principal primary residence of a natural person. Such term does not include rental property or second homes. A natural person can have only one primary residence. (30) 'Residential mortgage loan' means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, as defined in Section 103(v) of the Truth in Lending Act, or residential real estate upon which is constructed or intended to be constructed a dwelling. (31) 'Residential real estate' means any real property located in Georgia upon which is constructed or intended to be constructed a dwelling. (17)(32) 'Service a mortgage loan' means the collection or remittance for another or the right to collect or remit for another of payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan. (18)(33) 'Ultimate equitable owner' means a natural person who, directly or indirectly, owns or controls an ownership interest in a corporation or any other form of business organization, regardless of whether such natural person owns or controls such ownership interest through one or more natural persons or one or more proxies, powers of attorney, nominees, corporations, associations, limited liability companies, partnerships, trusts, joint-stock companies, other entities or devices, or any combination thereof. (34) 'Unique identifier' means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry.

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7-1-1001. (a) The following persons shall not be required to obtain a mortgage loan originator, mortgage broker, or mortgage lender license and shall not be subject to the provisions of this article but may be subject to registration or notification requirements, unless otherwise provided by this article:
(1) Any lender authorized to engage in business as a bank, credit card bank, savings institution, building and loan association, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured; (2) Any wholly owned subsidiary of any lender described in paragraph (1) of this Code section; provided, however, such subsidiary shall be subject to the filing of a notification statement in order to facilitate the department's handling of consumer inquiries. Such requirements are contained in Code Section 7-1-1003.4. Any subsidiary which fails to file the notification statement or keep the information current will immediately be subject to the registration requirements of this article. In addition, any. Any subsidiary that violates any applicable law of this article may be subject to a cease and desist order as provided for in Code Section 7-1-1018; (2.1) Any wholly owned subsidiary of any bank holding company; provided, however, that such subsidiary shall be subject to registration requirements in order to facilitate the department's handling of consumer inquiries. Such requirements are contained in Code Section 7-1-1003.3; (3) An attorney at law licensed to practice law in Georgia who is not principally engaged in negotiating mortgage loans when such attorney renders services in the course of his or her practice as an attorney at law Registered mortgage loan originators, when acting for an entity described in paragraphs (1) or (2) of this Code section. To qualify for this exemption, an individual shall be registered with and maintain a unique identifier through registration with the Nationwide Mortgage Licensing System and Registry; (4) Any individual who offers or negotiates terms of a residential mortgage loan with or on behalf of an immediate family member of such individual. For purposes of this exemption, the term 'immediate family member' means a spouse, child, sibling, parent, grandparent, or grandchild. Immediate family members shall include stepparents, stepchildren, stepsiblings, and adoptive relationships; (5) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator; (4)(6) A real estate broker or real estate salesperson not actively engaged in the business of negotiating mortgage loans; however, a real estate broker or real estate salesperson who receives any fee, commission, kickback, rebate, or other payment for directly or indirectly negotiating, placing, or finding negotiates, places, or finds a mortgage for others shall not be exempt from the provisions of this article;

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(5)(7) Any person performing any act relating to mortgage loans under order of any court; (6)(8) Any natural person or the estate of or trust created by a natural person making a mortgage loan with his or her own funds for his or her own investment, including those natural persons or the estates of or trusts created by such natural persons who make a purchase money mortgage for financing sales of their own property; (7)(9) The United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation: the Georgia Housing and Finance Authority, the Georgia Development Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Farm Credit Administration and its chartered agricultural credit associations; (10) Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that serves as the individual's residence; (8)(11) Any person who makes a mortgage loan to an employee of such person as an employment benefit; (9)(12) Any licensee under Chapter 3 of this title, the 'Georgia Industrial Loan Act,' provided that any mortgage loan made by such licensee is for $3,000.00 or less; (10)(13) Nonprofit corporations making mortgage loans to promote home ownership or improvements for the disadvantaged; (11)(14) A natural person employed by a licensed or registered mortgage broker, a licensed or registered mortgage lender, or any person exempted from the mortgage broker or mortgage lender licensing requirements of this article when acting within the scope of employment and under the supervision of the licensee mortgage broker or mortgage lender or exempted person as an employee and not as an independent contractor, except those natural persons exempt from licensure as a mortgage broker or mortgage lender under paragraph (17) of this Code section. To be exempt from licensure as a mortgage broker or mortgage lender, a natural person must shall be employed by only one such employer and must shall be at all times eligible for employment in compliance with the provisions and prohibitions of Code Section 7-11004. Such natural person, who meets the definition of mortgage loan originator provided in paragraph (22) of Code Section 7-1-1000, shall be subject to mortgage loan originator licensing requirements. A natural person against whom a cease and desist order has become final shall not qualify for this exemption while under the employment time restrictions of subsection (o) of Code Section 7-1-1004 if such order was based on a violation of Code Sections 7-1-1002 or 7-1-1013 or whose license was revoked within five years of the date such person was hired; (12)(15) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, purchasing, or servicing mortgage loans;

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(13)(16) Any natural person who makes five or fewer mortgage loans in any one calendar year. A person other than a natural person who makes five or fewer mortgage loans in any one calendar year shall not be exempt from the licensing requirements of this article; or
(14)(17)(A) A natural person otherwise required to be licensed as a mortgage lender or mortgage broker, who is under an exclusive written independent contractor agreement with any person that is a wholly owned subsidiary of a financial holding company or bank holding company, savings bank holding company, or thrift holding company, which subsidiary also meets the following requirements, subject to the review and approval of the department:
(i) The subsidiary has provided an undertaking of accountability supported by a surety bond equal to the lesser of $1 million or $50,000.00 per exempt person, to cover all of its persons exempted by this paragraph, that includes full and direct financial responsibility for the mortgage broker activities of each such exempted person, and also provides for the education of the exempt persons, the handling of consumer complaints related to the exempt persons, and the supervision of the mortgage broker activities of the exempt persons; (ii) The subsidiary has applied for and been granted a mortgage broker or mortgage lender license, consistent with the provisions of this article and renewable annually; and (iii) The subsidiary has paid applicable fees for this license, which license fees shall be the lesser of one-half of the sum of the cost of the individual licenses or $100,000.00. (B) To maintain the exemption, a natural person must shall: (i) Solicit, process, place, or negotiate a mortgage loan to be made only by the licensed subsidiary or its affiliate; and (ii) Be at all times in compliance with the provisions and prohibitions of Code Section 7-1-1013 and the provisions and prohibitions applicable to employees under Code Section 7-1-1004. (C) For purposes of this paragraph, the term 'financial holding company' shall mean means a financial holding company as defined in the Bank Holding Company Act of 1956, as amended. (D) The commissioner shall provide by rule or regulation for the implementation of this paragraph. (b) Exemptions enumerated in paragraphs (1), (2), (2.1), (7), (8), (9), (11), (12), (13), (14), (15), (16), and (17) of subsection (a) of this Code section shall be exemptions from licensure as a mortgage broker or mortgage lender only. Nothing in paragraphs (1), (2), (2.1), (7), (8), (9), (11), (12), (13), (14), (15), (16), and (17) of subsection (a) of this Code section shall be intended to exempt natural persons from compliance with mortgage loan originator licensing requirements as set forth in this article and the Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Individuals that transact business as a mortgage loan originator, unless specifically exempted by paragraphs (3), (4), (5), (6), or (10) of subsection (a) of this Code section shall obtain a

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mortgage loan originator license as required by Code Section 7-1-1002 whether they are employed by a mortgage broker, mortgage lender, or person exempted as a mortgage broker or lender as set forth in this subsection.
7-1-1001.1. (a) In order to comply with the federal requirements contained in the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, also known as the S.A.F.E. Mortgage Licensing Act of 2008, on and after January 1, 2010, or such later date approved by the Secretary of the United States Department of Housing and Urban Development, pursuant to the authority granted under Public Law 110-289, Section 1508(a), it shall be prohibited for any person to engage in the activities of a mortgage loan originator without first obtaining and maintaining a mortgage loan originator license as set forth in this article. All provisions within this article that relate to the licensing requirements and associated duties and responsibilities of mortgage loan originators shall be effective on and after January 1, 2010, or such later date approved by the Secretary of the United States Department of Housing and Urban Development, pursuant to the authority granted under Public Law 110-289, Section 1508(a). (b) The department shall have the broad administrative authority to administer, interpret, and enforce this article and the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, and promulgate rules or regulations implementing it, in order to carry out the intentions of the federal legislature. (c) The provisions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 shall apply to the activities of retail sellers of manufactured homes to the extent determined by the United States Department of Housing and Urban Development through written guidelines, rules, regulations, or interpretive letters.
7-1-1002. (a) On and after July 1, 1993, it is It shall be prohibited for any person to transact business in this state directly or indirectly as a mortgage broker, or a mortgage lender, or a mortgage loan originator unless such person:
(1) Is licensed or registered as such by the department utilizing the Nationwide Mortgage Licensing System and Registry; (2) Is a person exempted from the licensing or registration requirements pursuant to Code Section 7-1-1001; or (3) In the case of an employee of a mortgage broker or mortgage lender, such person has qualified to be relieved of the necessity for a license under the employee exemption in paragraph (11)(8) of Code Section 7-1-1001.; (4) In the case of a mortgage loan originator, such person is supervised by a mortgage broker, mortgage lender, or exemptee on a daily basis while performing mortgage functions; is employed by and works exclusively for only one mortgage broker, mortgage lender, or exemptee; and is paid on a W-2 basis by the employing mortgage broker, mortgage lender, or exemptee, except those natural persons exempt from licensure as a mortgage broker or mortgage lender under paragraph (17) of Code

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Section 7-1-1001. Each licensed mortgage loan originator shall register with and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry. For the purposes of implementing an orderly and efficient mortgage loan originator process, the department may establish licensing rules or regulations and interim procedures for licensing and acceptance of applications; or (5) A loan processor or underwriter who is an independent contractor shall not engage in the activities of a loan processor or underwriter unless such independent contractor loan processor or underwriter obtains and maintains a mortgage broker or mortgage lender license. Each independent contractor loan processor or underwriter licensed as a mortgage broker or mortgage lender shall have and maintain a valid unique identifier issued by the Nationwide Mortgage Licensing System and Registry. (b) On and after July 1, 1995, it is It shall be prohibited for any person, as defined in Code Section 7-1-1000, including a corporation but not including any natural person who purchases five or fewer mortgage loans in any one calendar year solely as an investment and who is not in the business of brokering, making, purchasing, or servicing mortgage loans, knowingly to purchase, sell, or transfer one or more mortgage loans or loan applications from or to a mortgage loan originator, mortgage broker, or mortgage lender who is neither licensed nor exempt from the licensing or registration provisions of this article. Such a purchase shall not affect the obligation of the borrower under the terms of the mortgage loan. The department shall provide for distribution or availability of information regarding approved or revoked licenses. (c) On or after July 1, 1996, every Every person who directly or indirectly controls a person who violates subsection (a) or (b) of this Code section, every general partner, executive officer, joint venturer, or director of such person, and every person occupying a similar status or performing similar functions as such person violates with and to the same extent as such person, unless the person whose violation arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which the original violation is alleged to exist.
7-1-1003. (a) An application for a license under this article shall be made in writing, under oath, and in such form as the department may prescribe. Each such form shall contain content as set forth by rule, regulation, instruction, or procedure of the department and may be changed or updated as necessary by the department in order to carry out the purposes of this article. The department, by regulation, may prescribe different classes of licenses for both mortgage loan originators, mortgage brokers, and mortgage lenders. (b) The application shall include the following:
(1) The legal name and address of the applicant and, if the applicant is a partnership, association, corporation, or other business entity, of every member, officer, and director thereof; (2) The name All names, including, but not limited to, website domain names (URLs), under which the applicant will conduct business in Georgia;

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(3) The For mortgage brokers and mortgage lenders, the address of the main office or principal place of business where books and records are located and any other locations at which the applicant will engage in any business activity covered by the provisions of this article, together with the mailing address where the department shall send all correspondence, orders, or notices. Any changes in this mailing address must shall be delivered in writing to the department before the change is effective; (4) The For mortgage brokers and mortgage lenders, the complete name and address of the applicant's initial registered agent and registered office for service of process in Georgia. If the applicant is a Georgia corporation, this registered agent shall be the same as the agent recorded with the Secretary of State. Any changes in the registered agent or registered office shall be delivered in writing to the department and the Secretary of State, if applicable, before the change is effective. The registered agent may, but is not required to, be an officer of the applicant, and the registered office must shall be a Georgia location where the registered agent may be served; (5) The For mortgage brokers and mortgage lenders, the general plan and character of the business; (6) A For mortgage brokers and mortgage lenders, a financial statement of the applicant; (7) Such For mortgage brokers and mortgage lenders, such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, agents, or ultimate equitable owners of 10 percent or more of the applicant; and (8) For mortgage brokers and mortgage loan originators, evidence of satisfaction of experience or education requirements, as required by regulations of the department. (c) The application All applications filed under this Code section shall be filed together with: (1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, that any supervision fee paid at the time of the application shall be refunded if the license is not granted; and (2) The items required by Code Section 7-1-1003.2; and (3) Other information as may be required by the department.
7-1-1003.1. If the applicant for a mortgage broker license or a renewal of such license does not have a physical place of business in Georgia, a license or renewal may shall only be issued if the applicant's home state does not require that in order to be licensed a mortgage broker must shall have a physical place of business in such home state. In either case, an applicant must shall have a registered agent and a registered office in this state.
7-1-1003.2. (a) Each licensed or registered mortgage broker must shall provide the department with a bond. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require as set forth by regulation based on an

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amount that reflects the dollar amount of loans originated, and the bond shall meet the other requirements of subsection (c)(d) of this Code section. (b) Except as otherwise provided in subsection (c)(d) of this Code section, the department shall not license or register any mortgage lender unless the applicant or registrant provides the department with a bond. The bond for a mortgage lender shall be in the principal sum of $150,000.00 or such greater sum as the department may require as set forth by regulation based on an amount that reflects the dollar amount of loans originated, and which bond shall meet the other requirements of subsection (c)(d) of this Code section. (c) Each mortgage loan originator shall be covered by a surety bond in accordance with this Code section. In the event that the mortgage loan originator is an employee of a licensed or registered mortgage broker or lender or under an exclusive written independent contractor agreement as described in paragraph (17) of Code Section 7-11001, the surety bond of such licensed or registered mortgage broker or lender may be used in lieu of the mortgage loan originator's surety bond requirement. If the surety bond of the licensed or registered mortgage broker or lender is used in lieu of an individual mortgage loan originator's surety bond then that surety bond shall provide coverage for each covered mortgage loan originator in such amount as the department may require that reflects the dollar amount of loans originated as determined by the department. (d) General bond Bond requirements:
(1) The bond requirements for mortgage loan originators, mortgage brokers, and mortgage lenders are continuous in nature and must shall be maintained at all times as a condition of licensure; and (2) The corporate surety bond shall be for a term and in a form satisfactory to the department, shall be issued by a bonding company or insurance company authorized to do business in this state and approved by the department, and shall run to the State of Georgia for the benefit of any person damaged by noncompliance of a licensee with this article, the 'Georgia Residential Mortgage Act,' or with any condition of such bond. Damages under the bond shall include moneys owed to the department for fees, fines, or penalties. Such bond shall be continuously maintained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws; (3) When an action is commenced on a licensee's bond, the department may require the filing of a new bond; and (4) Immediately upon recovery upon any action on the bond, the licensee shall file a new bond. (d) As an alternative to a bond, an applicant or a licensee may supply an irrevocable letter of credit from a federally insured financial institution in form and terms acceptable and payable to the department. (e) Any person including the department who may be damaged by noncompliance of a licensee with any condition of a bond or this article, the 'Georgia Residential Mortgage

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Act,' may proceed on such bond against the principal or surety thereon, or both, to recover damages.
7-1-1003.3. An application to register as a mortgage lender or broker under this article shall be made annually in writing, under oath, on a form provided by the department, subject to requirements specified by rules and regulations of the department.
7-1-1003.4. (a) A notification statement shall contain the following:
(1) The name or names under which business will be conducted in Georgia; (2) The name and address of the parent financial institution; (3) The name, mailing address, telephone number, and fax number of the person or persons responsible for handling consumer inquiries and complaints; (4) The name and address of the registered agent for service of process in Georgia; and (5) A statement signed by the president or chief executive officer of the entity stating that the entity will receive and process consumer inquiries and complaints promptly, fairly, and in compliance with all applicable laws. (b) A notification statement shall be filed before commencing to do a mortgage business in this state and shall be updated by the entity as the information changes. Any entity which fails to file the notification statement or keep the information current will immediately be subject to the registration requirements of Code Section 7-1-1003.3 Reserved.
7-1-1003.5. (a) The General Assembly has determined that a uniform multi-state multistate administration of an automated licensing system for mortgage loan originators, mortgage brokers, and mortgage lenders is consistent with both the public interest and the purpose of this chapter; therefore, for the sole purpose of participating in the establishment and implementation of a multi-state multistate automated licensing system for mortgage loan originators, mortgage brokers, and mortgage lenders, the department is authorized to:
(1) Participate in a nation-wide residential mortgage licensing system established to facilitate the sharing of information and standardization of the licensing and application processes for mortgage loan originators, mortgage brokers, and mortgage lenders by electronic or other means; (2) Enter into operating agreements, information sharing agreements, interstate cooperative agreements, and other contracts necessary for the department's participation in the nation-wide residential mortgage licensing system; (3) Ensure that the nation-wide residential mortgage licensing system adopts an appropriate privacy, data security, and security breach notification policy that is in full compliance with existing state and federal law;

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(4) Disclose or cause to be disclosed without liability applicant and licensee information, including, but not limited to, violations of this article and enforcement actions, via the nation-wide residential mortgage licensing system to facilitate regulatory oversight of mortgage loan originators, mortgage brokers, and mortgage lenders across state jurisdictional lines; (5) Establish and adopt, by rule or regulation, requirements for participation by applicants and licensees in the nation-wide residential mortgage licensing system upon the department's finding that each new or amended requirement is consistent with both the public interest and the purposes of this article; (6) Pay all fees received from licensees and applicants related to applications, licenses, and renewals to the Office of Treasury and Fiscal Services; provided, however, that the department may net such fees to recover the cost of participation in the nation-wide residential mortgage licensing system; and (7) Modify by rule the license renewal dates set forth in Code Section 7-1-1005 for mortgage brokers and mortgage lenders from a fiscal year to a calendar year, including providing for a one-time, six-month licensing period accompanied by a onetime reduced fee during the conversion year from a fiscal licensing year to a calendar licensing year. (b) Irrespective of its participation in a nation-wide residential mortgage licensing system, the department retains full and exclusive authority over determinations whether to grant, renew, suspend, or revoke licenses issued to mortgage loan originators, mortgage brokers, and mortgage lenders under this article. Nothing in this Code section shall be construed to reduce this authority.
7-1-1003.6. (a) Except as otherwise provided in the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, the requirements under any federal law or Georgia state law regarding the privacy or confidentially of any information or material provided to the Nationwide Mortgage Licensing System and Registry and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to such information or material, shall continue to apply to such information or material after the information or material has been disclosed to the Nationwide Mortgage Licensing System and Registry. Such information and material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protection provided by federal or state law. (b) Information or material that is subject to a privilege or confidentially under subsection (a) of this Code section shall not be subject to:
(1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the respective state; or (2) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide

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Mortgage Licensing System and Registry with respect to such information or material, the person to whom such information or material pertains waives, in whole or in part, in the discretion of such person that privilege. (c) This Code section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, licensees that are included in the Nationwide Mortgage Licensing System and Registry for access by the public.
7-1-1003.7. (a) Any education provider which offers mortgage industry related courses designed to satisfy education requirements as provided in subsection (c) of Code Section 7-1-1004 and associated department rules shall be approved by the department. (b) An application under this section shall be made in writing, under oath, and in such form as the department may prescribe. The application shall include the following:
(1) The name and address of the applicant and, if the entity is not a sole proprietorship, the name of every member, officer, principal, or director thereof; (2) The name under which the applicant will conduct business in Georgia; (3) A proposed certificate program or course of study which lists each subject to be taught and credit or classroom hours for each course designed to satisfy education requirements; (4) Qualifications and credentials of any and all instructors teaching courses named in paragraph (3) of this subsection; and (5) Other information as may be required by the department. (c) The initial application shall be filed with the department along with fees established by rule, no portion of which shall be refunded or prorated. Upon receipt of an application, the department shall conduct such investigation as it deems necessary to determine that the applicant and the individuals who direct the affairs or establish policy for the applicant, including the officers, directors, or the equivalent, are of good character and ethical reputation; that the applicant and such persons meet the requirements of subsection (d) of Code Section 7-1-1004; that the applicant and such persons demonstrate reasonable financial responsibility; that the applicant has and maintains a registered agent for service in this state; and the applicant and such persons are qualified by education and experience to present courses directly related to the mortgage brokering process. (d) All education providers approved under this Code section shall be required to file a renewal application on an annual basis in writing, under oath, and in such a form as the department may prescribe. A fee established by the department shall be paid with each renewal application, which fee shall not be refunded or prorated. Failure to file a renewal application shall result in the education provider being removed from the department list of approved mortgage education providers. (e) The department may audit or investigate course offerings of the applicant or approved mortgage education provider as it deems necessary and without cost to the department.

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7-1-1004. (a) Upon receipt of an application for license or registration, the department shall conduct such investigation as it deems necessary to determine that the mortgage broker and mortgage lender applicant and the individuals who direct the affairs or establish policy for the mortgage broker and mortgage lender applicant, including the officers, directors, or the equivalent, are of good character and ethical reputation; that the mortgage broker and mortgage lender applicant is not disqualified for licensure as a result of adverse administrative civil or criminal findings in any jurisdiction; that the mortgage broker and mortgage lender applicant and such persons meet the requirements of subsection (d)(h) of this Code section; that the mortgage broker and mortgage lender applicant and such persons demonstrate reasonable financial responsibility; that the mortgage broker and mortgage lender applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the mortgage broker and mortgage lender applicant has and maintains a registered agent for service in this state. (b) The department shall not license or register any mortgage broker and mortgage lender applicant unless it is satisfied that the mortgage broker and mortgage lender applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state. (c) The department may establish by rule or regulation minimum education or experience requirements for an applicant for a mortgage broker license or renewal of such a license. (d) Upon receipt of an application for a mortgage loan originator license, the department shall conduct such investigation as it deems necessary to determine that the mortgage loan originator applicant:
(1) Has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that a subsequent formal vacation of such revocation shall not be deemed a revocation; (2) Has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court; provided, however, that any pardon of a conviction shall not be a conviction for purposes of this subsection; (3) Has demonstrated financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a determination that the mortgage loan originator will operate honestly, fairly, and efficiently within the purposes of this article; (4) Has completed the prelicensing education requirement described in subsection (e) of this Code section; (5) Has passed a written test that meets the test requirement described in subsection (f) of this Code section; and (6) Has met the surety bond requirement pursuant to subsection (c) of Code Section 7-1-1003.2.

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(e)(1) An individual shall complete at least 20 hours of prelicensing education courses reviewed and approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a prelicensing education course shall include review and approval of the course provider. The 20 hours of prelicensing education shall include at least:
(A) Three hours of federal law and regulations; (B) Three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; and (C) Two hours of training related to lending standards for the nontraditional mortgage product marketplace. (2) Nothing in this subsection shall preclude any prelicensing education course, as approved by the Nationwide Mortgage Licensing System and Registry, that is provided by the employer of the mortgage loan originator applicant or an entity which is affiliated with the applicant by an agency contract, or any subsidiary or affiliate of such employer or entity. (3) Prelicensing education may be offered either in a classroom, online, or by any other means approved by the Nationwide Mortgage Licensing System and Registry. (4) The prelicensing education requirements approved by the Nationwide Mortgage Licensing System and Registry in paragraph (1) of this Code section for any state shall be accepted as credit towards completion of prelicensing education requirements in Georgia. (5) A person previously licensed under this article subsequent to January 1, 2010, applying to be licensed again shall prove that they have completed all of the continuing education requirements for the year in which the license was last held. (f)(1) In order to meet the written test requirement referred to in subsection (d) of this Code section for mortgage loan originators, an individual shall pass, in accordance with the standards established under this subsection, a qualified written test developed by the Nationwide Mortgage Licensing System and Registry and administered by a test provider approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. (2) A written test shall not be treated as a qualified written test for purposes of this subsection unless the test adequately measures the applicant's knowledge and comprehension in appropriate subject areas, including: (A) Ethics; (B) Federal law and regulation pertaining to mortgage origination; (C) State law and regulation pertaining to mortgage origination; and (D) Federal and state law and regulation, including instruction on fraud, consumer protection, the nontraditional mortgage marketplace, and fair lending issues. (3) Nothing in this subsection shall prohibit a test provider approved by the Nationwide Mortgage Licensing System and Registry from providing a test at the location of the employer of the applicant or the location of any subsidiary or affiliate of the employer of the applicant or the location of any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator.

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(4)(A) An individual shall not be considered to have passed a qualified written test unless the individual achieves a test score of not less than 75 percent correct answers to questions. (B) An individual may retake a test three consecutive times with each consecutive taking occurring at least 30 days after the preceding test. (C) After failing three consecutive tests, an individual shall wait at least six months before taking the test again. (D) A licensed mortgage loan originator who fails to maintain a valid license for a period of five years or longer shall retake the test, not taking into account any time during which such individual is a registered mortgage loan originator. (g)(1) In order to meet the annual continuing education requirements referred to in paragraph (2) of subsection (e) of Code Section 7-1-1005, a licensed mortgage loan originator shall complete at least eight hours of education approved in accordance with paragraph (2) of this subsection which shall include at least: (A) Three hours of federal law and regulations; (B) Two hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues; and (C) Two hours of training related to lending standards for the nontraditional mortgage product marketplace. (2) For purposes of paragraph (1) of this subsection, continuing education courses shall be reviewed and approved by the Nationwide Mortgage Licensing System and Registry based upon reasonable standards. Review and approval of a continuing education course shall include review and approval of the course provider. (3) Nothing in this subsection shall preclude any education course from approval by the Nationwide Mortgage Licensing System and Registry that is provided by the employer of the mortgage loan originator or any entity which is affiliated with the mortgage loan originator by an agency contact, or any subsidiary or affiliate of such employer or entity. (4) Continuing education may be offered either in a classroom, online, or by any other means approved by the Nationwide Mortgage Licensing System and Registry. (5) A licensed mortgage loan originator, except for as provided for in paragraph (9) of this subsection and subsection (f) of Code Section 7-1-1005, shall only receive credit for a continuing education course in the year in which the course is taken and shall not take the same approved course in the same or successive years to meet the annual requirements for continuing education. (6) A licensed mortgage loan originator who is an approved instructor of an approved continuing education course may receive credit for the licensed mortgage loan originator's own annual continuing education requirement at the rate of two hours of credit for every one hour taught. (7) An individual having successfully completed the education requirements approved by the Nationwide Mortgage Licensing System and Registry in paragraph (1) of this subsection for any state shall be accepted as credit towards completion of continuing education requirements in Georgia.

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(8) A licensed mortgage loan originator who subsequently becomes unlicensed shall complete the continuing education requirements for the last year in which the license was held prior to issuance of a new or renewed license. (9) An individual meeting the requirements of paragraphs (1) and (3) of subsection (e) of Code Section 7-1-1005 may make up any deficiency in continuing education as established by rule or regulation of the department. (d)(h) The department may shall not issue or may revoke a license or registration if it finds that the mortgage loan originator, mortgage broker, or mortgage lender applicant or licensee, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the mortgage broker or mortgage lender applicant, registrant, or licensee or any individual who directs the affairs or establishes policy for the mortgage broker or mortgage lender applicant, registrant, or licensee, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, unless and until such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had occurred or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state state's pardoning body in the jurisdiction where the conviction occurred. Any pardon of a conviction shall not be a conviction for purposes of this subsection. (e)(i) The department shall be authorized to obtain conviction data with respect to any mortgage loan originator, mortgage broker, or mortgage lender applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the mortgage broker or mortgage lender applicant and any individual who directs the affairs of the company or establishes policy. The department shall may directly submit to the Georgia Crime Information Center two complete sets of fingerprints of such applicant or such person, together with the required records search fees and such other information as may be required. Fees for background checks that the department administers shall be sent to the department by applicants and licensees together with the fingerprints. Applicants and Mortgage broker and mortgage lender applicants, licensees, and registrants shall have the primary responsibility for obtaining

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background checks of covered employees which are defined as employees who work in this state and also have the authority to enter, delete, or verify any information on any mortgage loan application form or document. The department shall, however, retain the right to obtain conviction data on covered employees. (j) In connection with an application for licensing with respect to any mortgage loan originator applicant, mortgage broker, or lender applicant, at the direction of the department, the applicant shall at a minimum, furnish to the Nationwide Mortgage Licensing System and Registry information concerning the applicant's identity, including:
(1) Fingerprints for submission to the Federal Bureau of Investigation, and any governmental agency or entity authorized to receive such information for a state, national, and international criminal history background check; and (2) Personal history and experience in a form prescribed by the Nationwide Mortgage Licensing System and Registry, including the submission of authorization for the Nationwide Mortgage Licensing System and Registry and the department to obtain;
(A) An independent credit report obtained from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act, 15 U.S.C. Section 1681a(f); and (B) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction. (3) For the purposes set forth in this subsection and in order to reduce the points of contact which the Federal Bureau of Investigation may have to maintain for purposes of such section, the department may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting information from and distributing information to the Department of Justice or any governmental agency. (4) For the purposes of this subsection and in order to reduce the points of contact which the department may have to maintain for purposes of such subsection, the department may use the Nationwide Mortgage Licensing System and Registry as a channeling agent for requesting and distributing information to and from any source so directed by the department. (f)(k) Every mortgage broker and mortgage lender licensee, registrant, and applicant shall be authorized and required to obtain background checks on covered employees. Such background checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and the rules and regulations of the Georgia Crime Information Center. Licensees, registrants, and applicants shall be responsible for any applicable fees charged by the center. A background check must shall be initiated for a person in the employ of a licensee, registrant, or applicant within ten days of the date of initial hire and be completed with satisfactory results within the first 90 days of employment. This provision does shall not apply to directors, officers, partners, agents, or ultimate equitable owners of 10 percent or more or to persons who direct the company's affairs or establish policy, whose background must shall have been investigated through the department before taking office, beginning employment, or securing ownership. Upon receipt of information from the Georgia Crime Information

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Center that is incomplete or that indicates an employee has a criminal record in any state other than Georgia, the employer shall submit to the department two complete sets of fingerprints of such person, together with the applicable fees and any other required information. The department shall submit such fingerprints as provided in subsection (e)(i) of this Code section. (g)(l) Upon receipt of fingerprints, fees, and other required information, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. All conviction data received by the department or by the applicant, registrant, or licensee shall be used by the party requesting such data for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. The department shall be entitled to review any applicant's, registrant's, or licensee's files to determine whether the required background checks have been run and whether all covered employees are qualified. The department shall be authorized to discuss the status of employee background checks with licensees. All such records shall be maintained by the department and the applicant or licensee or registrant pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding, verdict, or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought, subject to the conditions set forth in subsection (d)(h) of this Code section. Violation of this Code section may subject a licensee or registrant to the revocation of its license or registration. (m) In connection with an application for licensing or registration under this Code section, the department may use the Nationwide Mortgage Licensing System and Registry, when such service is available, as a channeling agent for the submission of fingerprints to the Federal Bureau of Investigation and any governmental agency or entity authorized to receive such information for a state, national, and international criminal history background check. The department is authorized to set forth rules and regulations in order to implement the provisions of this subsection. (h)(n) The department may deny or revoke a license or registration or otherwise restrict a license or registration if it finds that the mortgage broker or mortgage lender applicant or any person who is a director, officer, partner, or ultimate equitable owner of 10 percent or more or person who directs the company's affairs or who establishes policy of the applicant has been in one or more of these roles as a mortgage lender, broker, or registrant whose license or registration has been denied, revoked, or suspended within three five years of the date of the application.

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(i)(o) The department may shall not issue a license or registration to and may revoke a license or registration from an a mortgage broker or mortgage lender applicant, or licensee, or registrant if such person employs any other person against whom a final cease and desist order has been issued within the preceding five years, if such order was based on a violation of Code Section 7-1-1013 or based on the conducting of a mortgage business; for a violation of Code Section 7-1-1002, subsection (h) of Code Section 7-1-1004, or Code Section 7-1-1013; without a required license, or whose license has been was revoked within five years of the date such person was hired. Each mortgage broker and mortgage lender applicant, and licensee, and registrant shall, before hiring an employee, examine the department's public records to determine that such employee is not subject to the type of cease and desist order described in this subsection. (j)(p) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license or registration. (k)(q) A person shall not be indemnified for any act covered by this article or for any fine or penalty incurred pursuant to this article as a result of any violation of the law or regulations contained in this article, due to the legal form, corporate structure, or choice of organization of such person, including, but not limited to, a limited liability company.
7-1-1004.1. Each mortgage broker and mortgage lender shall submit to the Nationwide Mortgage Licensing System and Registry reports of condition, which shall be in such form and shall contain such information as the department and the Nationwide Mortgage Licensing System and Registry may require.
7-1-1004.2. The department shall establish a process whereby licensees may challenge information entered into the Nationwide Mortgage Licensing System and Registry by the department.
7-1-1004.3. The unique identifier of any person originating a residential mortgage loan shall be clearly shown on all residential mortgage loan application forms, solicitations, or advertisements, including business cards, websites, and any other documents as established by rule, regulation, or order of the department.
7-1-1005. (a) Except as otherwise specifically provided in this article, all licenses and registrations issued pursuant to this article shall expire on June 30 December 31 of each year, and application for renewal shall be made annually on or before April 1 December 1 of each year.

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(b) Any licensee or registrant making proper application, including all supporting documents, demonstration that all necessary continuing education has been successfully completed, moneys owed to the department, and all applicable fees required by this article and any regulations promulgated by the department, for a license or registration renewal to operate during the following license year and filing the application prior to April 1 December 1 shall be permitted to continue to operate pending final approval or disapproval of the application for the license or registration renewal for the following year if final approval or disapproval is not granted prior to July 1 January 1. (c) No investigation fee shall be payable in connection with the renewal application, but an annual license or registration fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved. (d) Any person holding a license or registration pursuant to this article who fails to file a proper application for a license or registration renewal for the following license year, including the proper fee accompanying the application, on or before April 1 December 1 and who files an application after April 1 December 1 may be required to pay, in addition to the license or registration fees, a fine in an amount to be established by regulations promulgated by the department. (e) The minimum standards for license renewal for mortgage loan originators shall include:
(1) The mortgage loan originator continues to meet the minimum standards for license issuance; (2) The mortgage loan originator has satisfied the annual continuing education requirements; and (3) The mortgage loan originator has paid all required fees for renewal of the license. (f) The license of a mortgage loan originator failing to satisfy the minimum standards for license renewal shall expire. The department may adopt procedures for the reinstatement of expired licenses consistent with the standards established by the Nationwide Mortgage Licensing System and Registry.
7-1-1006. (a) Each license issued under this article shall state the name of the licensee. (b) A licensee shall post a copy of such license in a conspicuous place in each place of business of the licensee. (c) A license may shall not be transferred or assigned. (d) No licensee shall transact business under any name or names other than that those designated in the license records of the department. (e) For mortgage brokers and mortgage lenders, each Each licensee shall notify the department in writing of any change in the address of the principal place of business or of any additional location of business in Georgia, any change in registered agent or registered office, any change of executive officer, contact person for consumer complaints, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensee's

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financial statement. Notice of changes must shall be received by the department no later than 30 business days after the change is effective. (f) No licensee mortgage broker or mortgage lender shall open a new additional office in Georgia without prior approval of the department. Applications for such additional office shall be made in writing on a form prescribed by the department and shall be accompanied by payment of a $350.00 nonrefundable application fee. The application shall be approved unless the department finds that the applicant has not conducted business under this article efficiently, fairly, in the public interest, and in accordance with law. The application shall be deemed approved if notice to the contrary has not been mailed by the department to the applicant within 45 days of the date the application is received by the department. (g) All branch managers in Georgia must shall be approved by the department. A licensee mortgage broker or mortgage lender may place a new branch manager subject to the department's approval but must shall file for approval within 15 days of the placement and must shall remove the person immediately should the department deny approval.
7-1-1007. (a) A licensee shall give notice to the department by registered or certified mail or statutory overnight delivery of any action which may be brought against it by any creditor or borrower where such action is brought under this article, involves a claim against the bond filed with the department for the purposes of compliance with Code Section 7-1-1003 7-1-1003.2 or 7-1-1004, or involves a claim for damages in excess of $25,000.00 for a mortgage broker or mortgage loan originator and $250,000.00 for a lender and of any judgment which may be entered against it by any creditor or any borrower or prospective borrower, with details sufficient to identify the action or judgment, within 30 days after the commencement of any such action or the entry of any such judgment. (b) A corporate surety shall, within ten days after it pays any claim to any claimant, give notice to the department by registered or certified mail or statutory overnight delivery of such payment with details sufficient to identify the claimant and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee mortgage loan originator, mortgage broker, or mortgage lender shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Code Section 7-1-1003 7-1-1003.2 or 7-1-1004 or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof. (c) A bond filed with the department for the purpose of compliance with Code Section 7-1-1003 7-1-1003.2 or 7-1-1004 may shall not be canceled by either the licensee mortgage loan originator, mortgage broker, or mortgage lender or the corporate surety except upon notice to the department by registered or certified mail or statutory overnight delivery with return receipt requested, the cancellation to be effective not less

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than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation. (d) A licensee or registrant shall, within ten days after knowledge of the event, report in writing to the department:
(1) Any knowledge or discovery of an act prohibited by Code Section 7-1-1013; and (2) The discharge of any employee for dishonest or fraudulent acts; and (3) Any administrative, civil, or criminal action initiated against the licensee, registrant, or any of its control persons by any government entity. Any person reporting such an event shall be protected from civil liability as provided in Code Section 7-1-1009.
7-1-1008. (a) Except as provided in this Code section, no person shall acquire directly or indirectly 10 percent or more of the voting shares of a corporation or 10 percent or more of the ownership of any other entity licensed to conduct business as a mortgage broker or mortgage lender under this article unless it first:
(1) Files an application with the department in such form as the department may prescribe from time to time; (2) Delivers such other information to the department as the department may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors and officers, if a corporation, and its members, if applicable, and of any proposed new directors, officers, or members of the licensee; and (3) Pays such application fee as the department may prescribe. (b) Upon the filing and investigation of an application, the department shall permit the applicant to acquire the interest in the mortgage broker or mortgage lender licensee if it finds that the applicant and its members, if applicable, its directors and officers, if a corporation, and any proposed new directors and officers have the financial responsibility, character, reputation, experience, and general fitness to warrant belief that the business will be operated efficiently and fairly, in the public interest, and in accordance with law. The department shall grant or deny the application within 60 days from the date a completed application accompanied by the required fee is filed unless the period is extended by order of the department reciting the reasons for the extension. If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial. (c) The provisions of this Code section shall not apply to: (1) The acquisition of an interest in a licensee directly or indirectly, including an acquisition by merger or consolidation by or with a person licensed by this article or a person exempt from this article under Code Section 7-1-1001; (2) The acquisition of an interest in a mortgage broker or mortgage lender licensee directly or indirectly, including an acquisition by merger or consolidation by or with a person affiliated through common ownership with the licensee; or (3) The acquisition of an interest in a mortgage broker or mortgage lender licensee by a person by bequest, descent, or survivorship or by operation of law.

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The person acquiring an interest in a mortgage broker or mortgage lender licensee in a transaction which is exempt from filing an application by this subsection shall send written notice to the department of such acquisition within 30 days of the closing of such transaction.
7-1-1009. (a) Any person Mortgage brokers and mortgage lenders required to be licensed or registered under this article shall maintain at its their offices or such other location as the department shall permit such books, accounts, and records as the department may reasonably require in order to determine whether such person is mortgage brokers and mortgage lenders are complying with the provisions of this article and rules and regulations adopted in furtherance thereof. Such books, accounts, and records shall be maintained separately and distinctly from any other personal or unrelated business matters in which the person is mortgage brokers and mortgage lenders are involved. (b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, business, premises, and records of any person mortgage broker or mortgage lender required to be licensed or registered under this article insofar as such affairs, business, premises, and records pertain to any business for which a license or registration is required by this article. Notwithstanding the provisions of this subsection, the department has the discretion to examine a person mortgage broker or mortgage lender less frequently, provided that its record of complaints, comments, or other information demonstrates that person's mortgage broker's or mortgage lender's ability to meet the standards of Code Sections 7-1-1003, 7-1-1003.2, and 7-1-1004. In the case of registrants, the department shall not be required to conduct such examinations if it determines that the registrant has been adequately examined by another bank regulatory agency. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and produced by other state or federal agencies, unless the department determines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article. (c) In addition to any authority allowed under this article, the department shall be authorized to conduct investigations and examinations of mortgage loan originators as follows:
(1) For purposes of initial licensing, license renewal, license suspension, license conditioning, license revocation or termination, or general or specific inquiry or investigation to determine compliance with this article, the department shall have the authority to access, receive, and use any books, accounts, records, files, documents, information, or evidence, including, but not limited to:
(A) Criminal, civil, and administrative history information, including nonconviction data;

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(B) Personal history and experience information, including independent credit reports obtained from a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act, 15 U.S.C. Section 1681a(f); and (C) Any other documents, information, or evidence the department deems relevant to the inquiry or investigation regardless of the location, possession, control, or custody of such documents, information, or evidence; (2) For the purposes of investigating violations or complaints, or for the purposes of examination, the department may review, investigate, or examine any mortgage loan originator licensee, individual, or person subject to this article as often as necessary in order to carry out the purposes of this article. The department may direct, subpoena, or order the attendance of and examine under oath all persons whose testimony may be required about the loans or the business or subject matter of any such examination or investigation and may direct, subpoena, or order such person to produce books, accounts, records, files, and any other documents the department deems relevant to the inquiry; (3) Each mortgage loan originator licensee, individual, or person subject to this article shall make available to the department upon request the books and records relating to the activities of a mortgage loan originator; (4) Each mortgage loan originator subject to this article shall make or compile reports or prepare other information as directed by the commissioner in order to carry out the purposes of this subsection, including, but not limited to: (A) Accounting compilations; (B) Information lists and data concerning loan transactions in a format prescribed by the department; or (C) Use, hire, contract, or employ public or privately available analytical systems, methods, or software to examine or investigate a mortgage loan originator; (5) In making any examination or investigation authorized by this article, the department may control access to any documents and records of the licensee or person under investigation. In order to carry out the purposes of this Code section, the department may: (A) Enter into agreements or relationships with other government officials or regulatory associations in order to improve efficiencies and reduce regulatory burden by sharing resources, standardized or uniform methods or procedures, and documents, records, information, or evidence obtained under this Code section; (B) Accept and rely on examination or investigation reports made by other government officials, within or without this state; and (C) Accept audit reports made by an independent certified public accountant for the licensee, individual, or person subject to this article in the course of that part of the examination covering the same general subject matter as the audit and may incorporate the audit report in the report of examination, report of investigation, or other writing of the department; (6) The authority to investigate provided for in this subsection shall remain in effect whether such licensee, individual, or person subject to this article acts or claims to act

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under any licensing or registration law of this state or claims to act without such authority; and (7) No mortgage loan originator licensee, individual, or person subject to investigation or examination under this article shall knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, records, computer records, or other information. (c)(d) The department, at its discretion, may: (1) Make such public or private investigations within or outside of this state as it deems necessary to determine whether any person has violated or is about to violate this article or any rule, regulation, or order under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated; (3) Disclose information concerning any violation of this article or any rule, regulation, or order under this article, provided the information is derived from a final order of the department; and (4) Disclose the imposition of an administrative fine or penalty under this article. (d)(e)(1) For the purpose of conducting any investigation as provided in this Code section, the department shall have the power to administer oaths, to call any party to testify under oath in the course of such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes, the department is authorized to issue a subpoena for any witness or for the production of documentary evidence. Such subpoenas may be served by certified mail or statutory overnight delivery, return receipt requested, to the addressee's business mailing address, by examiners appointed by the department, 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 paper resides or is found. The required fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the department in the same manner that other expenses of the department are paid. (2) The department may issue and apply to enforce subpoenas in this state at the request of a government agency regulating mortgage lenders or brokers of another state if the activities constituting the alleged violation for which the information is sought would be a violation of this article if the activities had occurred in this state. (e)(f) In case of refusal to obey a subpoena issued under this article to any person, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court. (f)(g) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential,

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except as provided in this subsection, pursuant to the provisions of Code Section 7-170. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70 and in paragraphs (3) and (4) of subsection (c)(d) of this Code section, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such limited information as is necessary to conduct a civil or administrative investigation or proceeding. The department shall compile information on the number of written complaints received on all licensees. The department shall annually disclose to the public the number of such complaints together with the number of Georgia residential mortgage loans made during the same period. In preparing the disclosure, the department shall be authorized to rely upon the number of mortgage loans reported to it in the mortgage license renewal application. Information contained in the records of the department which is not confidential and may be made available to the public either on the department's website or upon receipt by the department of a written request shall include:
(1) For mortgage brokers and mortgage lenders, the The name, business address, and telephone, fax, and license numbers of a licensee or registrant; (2) For mortgage brokers and mortgage lenders, the The names and titles of the principal officers; (3) For mortgage brokers and mortgage lenders, the The name of the owner or owners thereof; (4) For mortgage brokers and mortgage lenders, the The business address of a licensee's or registrant's agent for service; and (5) The terms of or a copy of any bond filed by a licensee or registrant. (g)(h) In the absence of malice, fraud, or bad faith, a person is not shall not be subject to civil liability arising from the filing of a complaint with the department or furnishing other information required by this Code section or required by the department under the authority granted in this article. No civil cause of action of any nature shall arise against such person: (1) For any information relating to suspected prohibited acts furnished to or received from law enforcement officials, their agents, or employees or to or from other regulatory or licensing authorities; (2) For any such information furnished to or received from other persons subject to the provisions of this title; or (3) For any such information furnished in complaints filed with the department. (h)(i) The commissioner or any employee or agent is not shall not be subject to civil liability, and no civil cause of action of any nature exists against such persons arising out of the performance of activities or duties under this article or by publication of any report of activities under this Code section.

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7-1-1010. (a) If a mortgage broker is a United States Department of Housing and Urban Development loan correspondent, such broker must shall also submit to the department the audit that is required for the United States Department of Housing and Urban Development. The department may require the mortgage broker to have made an audit of the books and affairs of the licensed or registered business and submit to the department an audited financial statement if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of this article and the rules and regulations adopted in furtherance of this article. (b) Each mortgage lender licensed or registered under this article shall at least once each year have made an audit of the books and affairs of the licensed or registered business and submit to the department at renewal an audited financial statement, except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or registrant which is prepared in accordance with generally accepted accounting principles. A lender who utilizes a bond in lieu of an audit need not supply such audit, unless specially required by the department. An audit must shall be less than 15 months old to be acceptable. The department may by regulation establish additional minimum standards for audits and reports under this Code section.
7-1-1011. (a) The department may, by regulation, prescribe annual fees to be paid by licensees and registrants, which fees shall be set at levels necessary to defray costs and expenses incurred by the state in providing the examinations and supervision required by this article and its federally mandated participation in the Nationwide Mortgage Licensing System and Registry, and which fees may vary according to whether a person is a licensee or registrant or is a mortgage loan originator, mortgage broker, or a mortgage lender and according to the class of license issued to a mortgage broker or mortgage lender.
(b)(1) As used in this subsection, the term 'collecting agent' means the person listed as the secured party on a security deed or other loan document that establishes a lien on the residential real property taken as collateral at the time of the closing of the mortgage loan transaction. (2) There shall be imposed on the closing of every mortgage loan subject to regulation under this article which, as defined in Code Section 7-1-1000, includes all mortgage loans, whether or not closed by a mortgage broker or mortgage lender licensee or registrant, a fee of $6.50. The fee shall be paid by the borrower to the collecting agent at the time of closing of the mortgage loan transaction. The collecting agent shall remit the fee to the department at the time and in the manner specified by regulation of the department. Revenue collected by the department pursuant to this subsection shall be deposited in the general fund of the state.

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(3) The fee imposed by this subsection shall be a debt from the borrower to the collecting agent until such assessment is paid and shall be recoverable at law in the same manner as authorized for the recovery of other debts. Any collecting agent who neglects, fails, or refuses to collect the fee imposed by this subsection shall be liable for the payment of the fee.
7-1-1012. Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article, to effectuate the purposes of this article, and to clarify the meaning of terms.
7-1-1013. It is shall be prohibited for any person transacting a mortgage business in or from this state, including any person required to be licensed or registered under this article and any person exempted from the licensing or registration requirements of this article under Code Section 7-1-1001, to:
(1) Misrepresent the material facts, make false statements or promises, or submit false statements or documents likely to influence, persuade, or induce an applicant for a mortgage loan, a mortgagee, or a mortgagor to take a mortgage loan, or, through agents or otherwise, pursue a course of misrepresentation by use of fraudulent or unauthorized documents or other means to the department or anyone; (2) Misrepresent or conceal or cause another to misrepresent or conceal material factors, terms, or conditions of a transaction to which a mortgage lender or broker is a party, pertinent to an applicant or application for a mortgage loan or a mortgagor; (3) Fail to disburse funds in accordance with a written commitment or agreement to make a mortgage loan; (4) Improperly refuse to issue a satisfaction of a mortgage loan; (5) Fail to account for or deliver to any person any personal property obtained in connection with a mortgage loan such as money, funds, deposit, check, draft, mortgage, or other document or thing of value which has come into the possession of the mortgage lender or broker a licensee or registrant and which is not the property of the mortgage lender or broker licensee or registrant, or which the mortgage lender or broker is not in law or at equity entitled to retain; (6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection with the attempted or actual making of, purchase of, transfer of, or sale of any mortgage loan; (7) Engage in any fraudulent home mortgage underwriting practices; (8) Induce, require, or otherwise permit the applicant for a mortgage loan or mortgagor to sign a security deed, note, loan application, or other pertinent financial disclosure documents with any blank spaces to be filled in after it has been signed,

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except blank spaces relating to recording or other incidental information not available at the time of signing; (9) Make, directly or indirectly, any residential mortgage loan with the intent to foreclose on the borrower's property. For purposes of this paragraph, there is shall be a presumption that a person has made a residential mortgage loan with the intent to foreclose on the borrower's property if the following circumstances can be demonstrated:
(A) Lack of substantial benefit to the borrower; (B) Lack of probability of full payment of the loan by the borrower; and (C) A significant proportion of similarly foreclosed loans by such person; (10) Provide an extension of credit or collect a mortgage debt by extortionate means; or (11) Purposely withhold, delete, destroy, or alter information requested by an examiner of the department or make false statements or material misrepresentations to the department or the Nationwide Mortgage Licensing System and Registry or in connection with any investigation conducted by the department or another governmental agency.
7-1-1014. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purposes of this article, the department shall promulgate regulations governing the disclosure required to be made to applicants for mortgage loans, including, without limitation, the following requirements:
(1) Any person required to be licensed or registered under this article shall provide to each applicant for a mortgage loan prior to accepting an application fee or any thirdparty fee such as a property appraisal fee, credit report fee, or any other similar fee a disclosure of the fees payable and the conditions under which such fees may be refundable; (2) Any mortgage lender required to be licensed or registered under this article shall make available to each applicant for a mortgage loan at or before the time a commitment to make a mortgage loan is given a written disclosure of the fees to be paid in connection with the commitment and the loan, or the manner in which such fees shall be determined and the conditions under which such fees may be refundable; and (3) Any mortgage lender required to be licensed or registered under this article shall disclose to each borrower of a mortgage loan that failure to meet every condition of the mortgage loan may result in the loss of the borrower's property through foreclosure. The borrower shall be required to sign the disclosure at or before the time of the closing of the mortgage loan. The department may prescribe standards regarding the accuracy of required disclosures and may provide for applicable administrative or civil penalties or fines for failure to provide the disclosures or to meet the prescribed standards.

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7-1-1015. The department may promulgate rules with respect to the placement in escrow accounts by any person required to be licensed or registered by this article of any money, fund, deposit, check, or draft entrusted to it by any persons dealing with it as a residential mortgage loan originator, mortgage broker, mortgage lender, or servicer.
7-1-1016. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purpose of this article, the department shall prescribe regulations governing the advertising of mortgage loans, including, without limitation, the following requirements:
(1)(A) Advertisements for loans regulated under this article may shall not be false, misleading, or deceptive. No person whose activities are regulated under this article may shall advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way 'recommended,' 'approved,' 'set,' or 'established' by the state or this article;. (B) An advertisement shall not include an individual's loan number, loan amount, or other publicly available information unless it is clearly and conspicuously stated in bold-faced boldface type at the beginning of the advertisement that the person disseminating it is not authorized by, in sponsorship with, or otherwise affiliated with the individual's lender, which shall be identified by name. Such an advertisement shall also state that the loan information contained therein was not provided by the recipient's lender.; (2) All advertisements, including websites, disseminated by a licensee or a registrant in this state by any means shall contain the name, license number, Nationwide Mortgage Licensing System and Registry unique identifier, and an office address of such licensee or registrant, which shall conform to a name and address on record with the department; and (3) No mortgage broker or mortgage lender licensee shall advertise its services in Georgia in any media disseminated in this state, whether print or electronic, without the words 'Georgia Residential Mortgage Licensee' or, for those advertisers licensed in more than one state, a listing of Georgia as a state in which the advertiser is licensed.
7-1-1017. (a)(1) The department may suspend or revoke an original or renewal license, registration, or mortgage broker education approval on any ground on which it might refuse to issue an original license, registration, or approval or for a violation of any provision of this article or of Chapter 6A of this title or any rule or regulation issued under this article or under Chapter 6A of this title, including failure to provide fees on a timely basis, or for failure of the licensee or registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's or registrant's business in this state as

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a mortgage loan originator, mortgage lender, or mortgage broker or for violation of a final order previously issued by the department. (2) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is shall be sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this article. The department shall be permitted to share, without liability, information on its applications or other forms with appropriate state agencies to assist them in recovering child support when required by law. (3) Where an applicant or licensee has been found to be a borrower in default as provided in Code Section 20-3-295, such action is shall be sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this article. (b) Notice of the department's intention to enter an order denying an application for a license or registration under this article or of an order suspending or revoking a license or registration under this article shall be given to the applicant, licensee, or registrant in writing, sent by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant, licensee, or registrant. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, or revocation under this article, the applicant, licensee, or registrant may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license or registration shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail or statutory overnight delivery addressed to the principal place of business of such applicant, licensee, or registrant. If a person refuses to accept service of the notice or order by registered or certified mail or statutory overnight delivery, the notice or order shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service; and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the notice or order. This liability shall be paid upon notice and demand by the commissioner or the commissioner's representative and shall be assessed and collected in the same manner as other fees or fines administered by the commissioner. (c) A licensee or registrant may, at the discretion of and with the consent of the department, agree to a voluntary suspension of its license or registration for a period of time to be agreed upon by the parties. Such order of suspension shall be considered a final order and shall be forwarded to the licensee or registrant in the same manner as any other final order. Grounds for such a voluntary suspension shall be the same as provided in subsection (a) of this Code section, and the licensee or registrant may waive

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its right to an administrative hearing before issuance of the suspension. With the consent of the department, a licensee or registrant may voluntarily surrender its license or registration. A voluntary surrender of a license or registration shall have the same effect as a revocation of said license or registration. A voluntary surrender of a license shall be regarded as a final order of the department. (d) A decision of the department denying a license or registration application, original or renewal, shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license or registration shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155. (e) Except as otherwise provided by law, a revocation, suspension, or surrender of a license or registration shall not impair or affect the obligation of a preexisting contract between the licensee and another person. (f) Nothing in this article shall preclude a person mortgage broker or mortgage lender whose license or registration has been suspended or revoked from continuing to service mortgage loans pursuant to servicing contracts in existence at the time of the suspension or revocation for a period not to exceed six months after the date of the final order of the department suspending or revoking the license or registration. (g) Whenever a person subject to an order of the department fails to comply with the terms of such order which has been properly issued, the department upon notice of three days to such person may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why such motion should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department. (h) Whenever the department initiates an administrative action against a current licensee, the department may pursue that action to its conclusion despite the fact that a licensee may withdraw its license or fail to renew it.
7-1-1018. (a) Whenever it shall appear to the department that any person required to be licensed or registered or required to file a notification statement under this article or employed by a licensee or registrant pursuant to Code Section 7-1-1001 or who would be covered by the prohibitions in Code Section 7-1-1013 has violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed

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person that orders them to cease doing a mortgage business without the appropriate license shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption or valid employment status during the time of the alleged offense is delivered to the department within the 30 day period, the order shall be rescinded by the department. If a cease and desist order is issued to a person who has been sent a notice of bond cancellation and if the bond is reinstated or replaced and such documentation is delivered to the department within the 30 day period following the date of issuance of the order, the order shall be rescinded. If the notice of reinstatement of the bond is not received within the 30 days, the license shall expire at the end of the 30 day period, and the person shall be required to make a new application for license and pay the applicable fees. In the case of an unlawful purchase of mortgage loans, such initial cease and desist order to a purchaser shall constitute the knowledge required under subsection (b) of Code Section 7-1-1002 for any subsequent violations. Any cease and desist order sent to the person at both his or her personal and business addresses pursuant to this Code section that is returned to the department as 'refused' or 'unclaimed' shall be deemed as received and sufficiently served. (b) Whenever a person shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department. (c) Any person who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the person involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (d) Initial judicial review of the decision of the department entered pursuant to this Code section or Code Section 7-1-1017 shall be available solely in the superior court of the county of domicile of the department.

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(e) All penalties and fines recovered by the department as authorized by subsection (g) of this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost of recovery, if it makes an accounting of all such costs and expenses of recovery in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441. (f) For purposes of this Code section, the term 'person' also includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section. (g) In addition to any other administrative penalties authorized by this article, the department may, by regulation, prescribe administrative fines for violations of this article and of any rules promulgated by the department pursuant to this article.
7-1-1019. Any person and the several members, officers, directors, agents, and employees thereof who:
(1) Shall violate the provisions of subsection (a) of Code Section 7-1-1002, by the willful transaction of a mortgage business without a license or exemption, shall be guilty of a felony punishable as provided in Code Section 7-1-845; or (2) Shall violate any of the other provisions of this article shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one year or by a fine of not more than $1,000.00, or by both fine and imprisonment.
7-1-1020. Nothing in this article limits shall limit any statutory or common law right of any person to bring any action in any court for any act involved in the mortgage business or the right of the state to punish any person for any violation of any law. Without limiting the generality of the foregoing, nothing in this article shall be construed as limiting in any manner the application of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'
7-1-1021. The department may promulgate regulations governing the use and contents of lock-in agreements and commitment agreements."
SECTION 2. This Act shall become effective on July 1, 2009.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Hill of the 21st moved that the House agree to the Senate substitute to HB 312.

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On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 164, nays 1.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 126. By Representatives Lindsey of the 54th and Willard of the 49th:

A BILL to be entitled an Act to amend Title 10 of the O.C.G.A., relating to commerce and trade, so as to enact the Uniform Electronic Transactions Act; to provide for automated transactions; to provide for transferable records; to provide for acceptance and distribution of electronic records by governmental agencies; to provide for exclusions; to provide for applicability; to provide for relief from the unauthorized use of electronic signatures; to amend Titles

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14, 15, 31, 33, 43, 44, and 50 of the Official Code of Georgia Annotated, relating to corporations, courts, health, insurance, professions and businesses, property, and state government, respectively, so as 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 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the Uniform Electronic Transactions Act; to provide for definitions; to provide for the authorization of electronic records and electronic signatures; to provide for admissibility of certain electronic records and electronic signatures; to provide for the use of electronic records and electronic signatures to vary by agreement of certain parties; to provide for the presentation of certain records; to provide for the effect of an electronic record or an electronic signature; to provide for the effect of a change or error; to provide for notarization and acknowledgment of an electronic record or an electronic signature; to provide for the retention of electronic records; to provide for automated transactions; to provide for transferable records; to provide for acceptance and distribution of electronic records by governmental agencies; to provide for exclusions; to provide for applicability; to provide for relief from the unauthorized use of electronic signatures; to amend Titles 14, 15, 31, 33, 43, 44, and 50 of the Official Code of Georgia Annotated, relating to corporations, courts, health, insurance, professions and businesses, property, and state government, 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. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Chapter 12, relating to electronic records and signatures, in its entirety as follows:
"CHAPTER 12 10-12-1. This chapter shall be known and may be cited as the 'Uniform Electronic Transactions Act.'
10-12-2. As used in this chapter, the term:

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(1) 'Agreement' means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures, given the effect of agreements under laws otherwise applicable to a particular transaction. (2) 'Automated transaction' means a transaction conducted or performed, in whole or in part, by electronic means or electronic records in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. (3) 'Computer program' means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result. (4) 'Contract' means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law. (5) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (6) 'Electronic agent' means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual. (7) 'Electronic record' means a record created, generated, sent, communicated, received, or stored by electronic means. (8) 'Electronic signature' means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. (9) 'Governmental agency' means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. (10) 'Information' means data, text, images, sounds, codes, computer programs, software, data bases, or the like. (11) 'Information processing system' means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. (12) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. (13) '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. (14) 'Security procedure' means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures. (15) '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

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jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state. (16) 'Transaction' means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
10-12-3. (a) Except as otherwise provided in subsection (b) of this Code section, this chapter shall apply to electronic records and electronic signatures relating to a transaction. (b) This chapter shall not apply to a transaction to the extent it is governed by:
(1) A law governing the creation and execution of wills, codicils, or testamentary trusts; (2) Title 11other than Code Sections 11-1-107 and 11-1-206, Article 2, and Article 2A; or (3) The Uniform Computer Information Transactions Act. (c) This chapter shall apply to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (b) of this Code section to the extent it is governed by a law other than those specified in subsection (b) of this Code section. (d) A transaction subject to this chapter shall also be subject to other applicable substantive law. (e) A governmental agency which is a party to a transaction subject to this chapter shall also be further subject to the records retention requirements for state and local government records established by state law.
10-12-4. This chapter shall apply to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after July 1, 2009.
10-12-5. (a) This chapter shall not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter shall apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct. (c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection shall not be waived by agreement. (d) Except as otherwise provided in this chapter, the effect of any of this chapter's provisions may be varied by agreement. The presence in certain provisions of this

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chapter of the words 'unless otherwise agreed,' or words of similar import, shall not imply that the effect of other provisions may not be varied by agreement. (e) Whether an electronic record or electronic signature has legal consequences shall be determined by this chapter and other applicable laws.
10-12-6. This chapter shall be construed and applied:
(1) To facilitate electronic transactions consistent with other applicable laws; (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
10-12-7. (a) A record or signature shall not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract shall not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record shall satisfy the law. (d) If a law requires a signature, an electronic signature shall satisfy the law.
10-12-8. (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement shall be satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. (b) If a law other than this chapter requires a record to be posted or displayed in a certain manner; to be sent, communicated, or transmitted by a specified method; or to contain information that is formatted in a certain manner, the following rules shall apply:
(1) The record shall be posted or displayed in the manner specified in the other law; (2) Except as otherwise provided in paragraph (2) of subsection (d) of this Code section, the record shall be sent, communicated, or transmitted by the method specified in the other law; and (3) The record shall contain the information formatted in the manner specified in the other law. (c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record shall not be enforceable against the recipient. (d) The requirements of this Code section shall not be varied by agreement, but:

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(1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this Code section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and (2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid, or by regular United States mail may be varied by agreement to the extent permitted by the other law.
10-12-9. (a) An electronic record or electronic signature shall be attributable to a person if such record or signature was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. (b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this Code section shall be determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
10-12-10. If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules shall apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record; (2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person; (B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and (C) Has not used or received any benefit or value from the consideration, if any, received from the other person;

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(3) If neither paragraph (1) nor paragraph (2) of this Code section applies, the change or error shall have the effect provided by other law, including the law of mistake, and the parties' contract, if any; and (4) Paragraphs (2) and (3) of this Code section shall not be varied by agreement.
10-12-11. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, such requirement shall be satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
10-12-12. (a) If a law requires that a record be retained, such requirement shall be satisfied by retaining an electronic record of the information in the record which:
(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and (2) Remains accessible for the retention period required by law. (b) A requirement to retain a record in accordance with subsection (a) of this Code section shall not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received. (c) A person may satisfy subsection (a) of this Code section by using the services of another person if the requirements of that subsection are satisfied. (d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this Code section. (e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this Code section. (f) A record retained as an electronic record in accordance with subsection (a) of this Code section shall satisfy a law requiring a person to retain a record for evidentiary, audit, or like purposes unless a law enacted after the effective date of this chapter specifically prohibits the use of an electronic record for the specified purpose. (g) This Code section shall not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction. (h) This Code section shall not preclude the Georgia Technology Authority from specifying additional technology requirements in accordance with Code Section 50-254.
10-12-13.

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In a proceeding, evidence of a record or signature shall not be excluded solely because it is in electronic form.
10-12-14. In an automated transaction, the following rules shall apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements; (2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance; and (3) The terms of the contract are determined by the substantive law applicable to the contract.
10-12-15. (a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when:
(1) It is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; (2) It is in a form capable of being processed by that system; and (3) It enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient. (b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when: (1) It enters an information processing system that the recipient has designated or uses for receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and (2) It is in a form capable of being processed by that system. (c) Subsection (b) of this Code section shall apply even if the information processing system is located in a different place than the electronic record is deemed to be received under subsection (d) of this Code section. (d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules shall apply:

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(1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction; and (2) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be. (e) An electronic record is received under subsection (b) of this Code section even if no individual is aware of its receipt. (f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this Code section shall establish that a record was received but, by itself, does not establish that the content sent corresponds to the content received. (g) If a person is aware that an electronic record purportedly sent under subsection (a) of this Code section, or purportedly received under subsection (b) of this Code section, was not actually sent or received, the legal effect of the sending or receipt shall be determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection shall not be varied by agreement.
10-12-16. (a) As used in this Code section, 'transferable record' means an electronic record that:
(1) Would be a note under Article 3 of Title 11 or a document under Article 7 of Title 11 if the electronic record were in writing; and (2) The issuer of the electronic record expressly has agreed is a transferable record. (b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred. (c) A system satisfies subsection (b) of this Code section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that: (1) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6) of this subsection, unalterable; (2) The authoritative copy identifies the person asserting control as:
(A) The person to which the transferable record was issued; or (B) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred; (3) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian; (4) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control; (5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

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(6) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized. (d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in Code Section 11-1-201, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under Title 11, including, if the applicable statutory requirements under subsection (a) of Code Section 11-3-302 or Code Section 11-7-501 or 11-9-308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection. (e) Except as otherwise agreed, an obligor under a transferable record shall have the same rights and defenses as an equivalent obligor under equivalent records or writings under Title 11. (f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
10-12-17. Each governmental agency of this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
10-12-18. (a) Except as otherwise provided in subsection (f) of Code Section 10-12-12, each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. (b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a) of this Code section, the governmental agency, giving due consideration to security, may specify:
(1) The manner and format in which the electronic records shall be created, generated, sent, communicated, received, and stored and the systems established for those purposes; (2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature shall be affixed to the electronic record, and the identity of, or criteria that shall be met by, any third party used by a person filing a document to facilitate the process;

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(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and (4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances. (c) Except as otherwise provided in subsection (f) of Code Section 10-12-12, this chapter shall not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
10-12-19. Any governmental agency of this state which adopts standards pursuant to Code Section 10-12-18 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
10-12-20. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commere 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)."
SECTION 2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Georgia Electronic Records and Signatures Act" wherever it occurs with "Uniform Electronic Transactions Act":
(1) Code Section 14-2-120, relating to filing requirements relative to business corporations; (2) Code Section 14-3-120, relating to filing of documents relative to nonprofit corporations; (3) Code Section 14-9-206, relating to filing with the Secretary of State relative to the Georgia Revised Uniform Limited Partnership Act; (4) Code Section 14-11-206, relating to filing by the Secretary of State relative to limited liability companies; (5) Code Section 33-22-14.1, relating to transmissions of electronic records subject to the provisions of the Georgia Electronic Records and Signatures Act; (6) Code Section 44-3-102, relating to meetings of condominium associations, notice, and reports; and (7) Code Section 44-3-230, relating to the frequency of property owners' association meetings and notice.

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SECTION 3. Code Section 15-10-53 of the Official Code of Georgia Annotated, relating to filing documents by electronic means, is revised as follows:
"15-10-53. (a) Any magistrate court may provide for the filing of civil, garnishment, distress warrant, dispossessory, foreclosure, abandoned motor vehicle, and all other noncriminal actions, claims, answers, counterclaims, pleadings, postjudgment interrogatories, and other documents by electronic means. (b) Any pleading or document filed electronically shall be in a format prescribed by the court. (c) Any pleading or document filed electronically shall include the electronic signature of the person filing the pleading or document as defined in Code Section 10-12-3 1012-2. (d) Any pleading or document filed electronically which is required to be verified, verified under oath, or be accompanied by an affidavit may include such verification, oath, or affidavit by one of the following methods:
(1) As provided in subsection (j) of Code Section 10-12-4 10-12-11; (2) By oath or affirmation of the party filing the pleading at the time of the trial of the case; (3) By supplemental verified pleading; or (4) By electronic verification, oath, or affidavit in substantially the following form:
'By affixing this electronic verification, oath, or affidavit to the pleading(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that the statements set forth in the above pleading(s) are true and correct. Date:__________ Electronic Signature:__________' (e) Service of any claim or complaint filed electronically shall be made as provided by law. Service of all subsequent pleadings and notices may be made electronically only on a party who has filed pleadings electronically; service on all other parties shall be made by such other means as are provided by law. Each pleading or document which is required to be served on other parties shall include a certificate of service indicating the method by which service on the other party has been made. An electronic certificate of service shall be made in substantially the following form: 'By affixing this electronic certificate of service to the pleading(s) or document(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that I have this date served the opposing party with a copy of this pleading by e-mail or placing a copy in regular mail with sufficient postage thereon to the following address: (set forth address of opposing party). Date:__________ Electronic Signature:_______________' (f) Nothing in this Code section shall prevent a party from contesting an electronic pleading, document, or signature on the basis of forgery or fraud. Any pleading or document found by the court to have been fraudulently filed shall be stricken from the record.

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(g) Where the authenticity or the integrity of an electronic pleading, document, or signature is challenged, the proponent of the electronic pleading, document, or signature shall have the burden of proving that the electronic pleading, document, or signature is authentic. (h) Upon the receipt of any pleading or other document filed electronically, the clerk of magistrate court shall notify the filer of receipt of the pleading or document. Such notice shall include the date and time the court accepted the pleading or document as filed. (i) Any pleading or document filed electronically shall be deemed filed as of the time the clerk of court gains electronic control of the document. (j) When the filing of the pleading or document requires the payment of a fee, the clerk of magistrate court may establish procedures for the payment of such fees connected with such filing. The filing of any such pleading or document shall create an obligation by the party to pay such fee to the clerk of court instanter. (k) The clerk of court may assess an additional transaction fee or fees for each electronic filing and electronic payment."
SECTION 4. Code Section 31-33-8 of the Official Code of Georgia Annotated, relating to electronic records, is amended by revising subsection (a) as follows:
"31-33-8. (a) Notwithstanding any other provision of the law to the contrary, any provider may, in its sole discretion, create, maintain, transmit, receive, and store records in an electronic format within the meaning of Code Section 10-12-3 10-12-2 and may, in its sole discretion, temporarily or permanently convert records into an electronic format."
SECTION 5. Code Section 43-39A-4.1 of the Official Code of Georgia Annotated, relating to rules and regulations with respect to real estate appraisers, is revised as follows:
"43-39A-4.1. Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or an appraiser, or with respect to any document required to be issued by the board, the board is authorized to promulgate rules and regulations setting forth:
(1) Any procedure that will reduce the use of paper forms, applications, or documents; (2) Any procedure that will reduce the necessity for the board to maintain paper documents; (3) The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and (4) The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security

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measures are implemented that assure security and verification of any required signature. As used in this Code section, the term 'electronic signature' shall have the same meaning as provided in Code Section 10-12-3 10-12-2."
SECTION 6. Code Section 43-40-3.1 of the Official Code of Georgia Annotated, relating to rules and regulations with respect to real estate brokers and salespersons, is revised as follows:
"43-40-3.1. Notwithstanding any provision of law to the contrary, with respect to any form or application required to be completed by an applicant or a licensee, or with respect to any document required to be issued by the commission, the commission is authorized to promulgate rules and regulations setting forth:
(1) Any procedure that will reduce the use of paper forms, applications, or documents; (2) Any procedure that will reduce the necessity for the commission to maintain paper documents; (3) The procedure for submitting or issuing any such form, application, or document by facsimile or electronic means; and (4) The procedure for satisfying any signature requirement on any such form by electronic signature, voice signature, or other means so long as appropriate security measures are implemented that assure security and verification of any required signature. As used in this Code section, the term 'electronic signature' shall have the same meaning as provided in Code Section 10-12-3 10-12-2."
SECTION 7. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of certain records is not required and the disclosure of exempting legal authority, is amended by revising paragraph (12) of subsection (a) as follows:
"(12) Public records containing information that would disclose or might lead to the disclosure of any component in the process used to execute or adopt an electronic signature, if such disclosure would or might cause the electronic signature to cease being under the sole control of the person using it. For purposes of this paragraph, the term 'electronic signature' has the same meaning as that term is defined in Code Section 10-12-3 10-12-2;"
SECTION 8. 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 126.

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On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton E Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 162, nays 1.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 254. By Representatives Peake of the 137th, Keen of the 179th, Lindsey of the 54th, Rice of the 51st, Scott of the 2nd and others:

A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult

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relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; to amend Code Section 19-8-5 of the Official Code of Georgia Annotated, relating to surrender or termination of parental or guardian's rights where child to be adopted by a third party, so as to require home studies for third-party adoptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by revising paragraph (2) of subsection (a) of Code Section 1511-55, relating to disposition of deprived child and policy favoring stable placements, as follows:
"(2)(A) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. Without limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circumstances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including supervision for the protection of the child. The persons or entities to whom or which temporary legal custody may be transferred shall include the following:
(A)(i) Any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B)(ii) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child;

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(C)(iii) Any public agency authorized by law to receive and provide care for the child; provided, however, that for the purpose of this Code section, the term 'public agency' shall not include the Department of Juvenile Justice; or (D)(iv) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-89. (B) Except for dispositions pursuant to paragraph (1) of subsection (a) of Code Section 15-11-66 and Code Section 15-11-67, before transferring temporary legal custody in an order of disposition under this paragraph a reasonably diligent search for within 30 days after the removal of a child from the custody of the parent or parents of the child, the department shall exercise due diligence to identify a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by the court and the Department of Human Resources. Such search shall be completed within 90 days from the date on which the child was removed from the home, the. All identified adult relatives of the child, subject to exceptions due to family or domestic violence, shall be provided with notice: (i) Specifying that the child has been or is being removed from parental custody; (ii) Explaining the options the relative has to participate in the care and placement of the child and any options that may be lost by failing to respond to the notice; (iii) Describing the process for becoming an approved foster family home and the additional services and supports available for children placed in approved foster homes; and (iv) Describing any financial assistance for which the relative may be eligible. (C) The results of such search and notification shall be documented in writing and filed with the court at by the time of the first review. During such 90 30 day period, the court may order that the child may be placed in the temporary legal custody of the Department of Human Resources or any other appropriate entity or person. (D) The court shall order in its preliminary disposition that the parent or other legal guardian of the child shall provide within ten days the names and addresses of all relatives and other persons who might be considered as possible placements for the child. The parties shall have an ongoing duty to supplement this information during the course of the case at each judicial review or citizen panel review. The court shall include in all published summons a notice that this information must be provided. (E) The Council of Juvenile Court Judges shall be authorized to create uniform rules and forms to implement the provisions of this paragraph; or"
SECTION 2. Said chapter is further amended by revising Code Section 15-11-103, relating to placement of child following termination order, custodial authority, and review of placement, as follows:
"15-11-103.

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(a)(1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with a person related to the child by blood or marriage or with a member of the child's extended family if such a person is willing and, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child, if the court determines such placement is the most appropriate for and in the best interest of the child. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court.
(2) If no placement of the child is effected under paragraph (1) of this subsection, the court may commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption, if the court determines such placement is the most appropriate for and in the best interest of the child. (3) If no placement of the child is effected under paragraph (1) or (2) of this subsection, the court may commit the child to a suitable individual on the condition that the person becomes the guardian of the person of the child pursuant to the court's authority under Code Section 15-11-30.1, if the court determines such placement is the most appropriate for and in the best interest of the child. (4) If no placement of the child is effected under paragraph (1), (2), or (3) of this subsection, the court may commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child in a foster home, if the court determines such placement is the most appropriate for and in the best interest of the child. (5) If no placement of the child is effected under paragraph (1), (2), (3), or (4) of this subsection, the court may commit the child to the custody of an agency or organization authorized by law to receive and provide care for children which is operated in a manner that provides such care, guidance, and control as would be provided in a family home as defined in the court's order, if the court determines that such placement is the most appropriate for and in the best interest of the child. (6) If no placement of the child is effected under paragraph (1), (2), (3), (4), or (5) of this subsection, the court may take other suitable measures for the care and welfare of the child. Upon the entering of an order terminating the parental rights of a parent, a placement may be made only if the court finds that such placement is in the best interest of the child and in accordance with the child's court approved permanency plan created pursuant to Code Section 15-11-58. In determining which placement is in the child's best interest, the court shall enter findings of fact reflecting its consideration of the following: (1) The child's need for a placement that offers the greatest degree of legal permanence and security; (2) The least disruptive placement alternative for the child; (3) The child's sense of attachment and need for continuity of relationships; and

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(4) Any other factors the court deems relevant to its determination. (b) A placement effected under the provisions of this Code section shall be conditional upon the person who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. A placement may be made under the terms of this Code section only if the court finds that such placement is in the best interest of the child. (c) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Office of Adoptions of the Department of Human Resources within 15 days of the filing of such order. (d) The custodian has authority to consent to the adoption of the child, the child's marriage, the child's enlistment in the armed forces of the United States, and surgical and other medical treatment for the child. (e) In those cases in which the court has placed the child pursuant to a permanency plan of adoption, Except in those cases where the child was placed pursuant to paragraph (3) or (5) of subsection (a) of this Code section, if a petition seeking the adoption of the child is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter as long as the child remains unadopted, review the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to another placement. In those cases where the child was placed with a guardian of the child's person pursuant to paragraph (3) of subsection (a) of this Code section, the guardian shall report to the court in the same manner and at the same frequency as is required for guardians of the person of minors appointed by the judge of the probate court. In those cases where the child was placed pursuant to paragraph (5) of subsection (a) of this Code section parental rights to the child were terminated without the designation of a permanent guardian or adoptive family, the court shall, at least every six months thereafter as long as the child remains subject to the jurisdiction of the court, review the circumstances of the child to determine that placement in the family home-like setting continues to be in the child's best interests interest."
SECTION 3. Code Section 19-8-5 of the Official Code of Georgia Annotated, relating to surrender or termination of parental or guardian's rights where child to be adopted by a third party, is amended by adding a new subsection to read as follows:
"(j.1) No third-party adoption shall occur prior to a home study of the prospective family conducted by the Department of Human Resources or a child-placing agency in accordance with rules and regulations of the Department of Human Resources. Such rules and regulations shall provide that any such home study is conducted in a similar manner to those required of child-placing agencies. This subsection shall not apply when:
(1) The adoption is by a stepparent of the child pursuant to Code Section 19-8-6; or (2) The adoption is by a relative of the child pursuant to Code Section 19-8-7."

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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 254.
Representative Peake of the 137th asked unanimous consent to withdraw his motion that the House agree to the Senate substitute to HB 254.
The motion prevailed.
Representative Peake of the 137th moved that the House disagree to the Senate substitute to HB 254.
The motion prevailed.
HB 441. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for the expedited payment of sales and use tax refund claims secured by a satisfactory bond; to provide for frivolous or excessive sales and use tax refund claims; to provide for civil and criminal penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the expedited payment of sales and use tax refund claims secured by a satisfactory bond; to provide for civil and criminal penalties regarding certain sales and use tax refund claims; to authorize refunds to credit card issuers for certain motor fuel sales to tax-exempt entities; 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.

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Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-2-35.1, relating to sales and use tax refunds, to read as follows:
"48-2-35.1. (a) If a certificate or exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase tangible personal property or taxable services without the payment of sales and use tax has not been obtained and used prior to purchasing such tangible personal property or taxable services, a refund of sales and use taxes shall be made without interest. (b) Any taxpayer who wishes to expedite the payment of a sales and use tax claim for refund may apply to the commissioner for such expedited refund; and as part of such application the taxpayer shall file a bond that is satisfactory to the commissioner as security for the repayment of such refund and any applicable tax, interest, penalties, fees, or costs in the event that the commissioner determines within the applicable statute of limitations that all or a portion of such refund was paid in error. The commissioner shall issue the refund within 30 days of the date of the posting of the approved bond. Any assessment of tax, interest, penalties, fees, or costs related to the payment of such refund claim shall be made within three years after the date that such refund was paid by the commissioner.
(c)(1) As used in this subsection, the term: (A) 'Disregard' means any careless, reckless, or intentional disregard. (B) 'Excessive amount' means that portion of the claim for refund that exceeds the amount that is eligible for refund and for which there is no reasonable basis. (C) 'Frivolously filed' means a sales and use tax claim for refund in which the amount claimed exceeds the amount eligible for refund by at least 50 percent. (D) 'Negligence' includes any failure to make a reasonable attempt to comply with the provisions of this title. (E) 'Reasonable basis' means a position that is reasonably based on one or more of the following authorities: applicable provisions of this title and other statutory provisions; proposed and adopted regulations construing such statutes; court cases; official opinions of the Attorney General; and letter rulings, policy statements, informational bulletins, and other administrative pronouncements published by the commissioner. Notwithstanding the preceding list of authorities, an authority shall not continue to be an authority to the extent it is overruled or modified, implicitly or explicitly, by a body with the power to overrule or modify the earlier authority.
(2) Any taxpayer who frivolously files a sales and use tax claim for refund shall be subject to a penalty of 20 percent of the excessive amount. No penalty shall be assessed pursuant to this subsection against any portion of an excessive amount for which a refund is claimed in good faith and the filing of which was not due to negligence or disregard of the law. The determination of whether a taxpayer acted in good faith shall be made on a case-by-case basis, taking into account all pertinent facts and circumstances. Generally, the most important factor in such determination is the extent of the taxpayer's effort to assess the taxpayer's proper tax liability.

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Circumstances that may indicate good faith shall include an honest misunderstanding of fact or law that is reasonable in light of all the facts and circumstances, including the experience, knowledge, and education of the taxpayer. An isolated computational or transcriptional error generally is not inconsistent with good faith. (3) In addition to the penalty imposed under paragraph (2) of this subsection, when all or part of the excessive amount of the taxpayer's claim for refund is based on a position which is knowingly and willfully advanced in bad faith and is patently improper, such taxpayer shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00."
SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"48-9-10.1. (a) As used in this Code section, the term:
(1) 'Credit card issuer' means the party that extends credit, through the issuance of a credit card, to the qualified governmental tax-exempt entity that purchases 'motor fuel' for 'highway use' as those terms are defined under Code Section 48-9-2 for a qualified governmental tax-exempt entity's exclusive use. (2) 'Qualified governmental tax-exempt entity' means a government entity that is exempt from sales and use tax under Chapter 8 of Title 48, or other provision of general law. (b) In the event that a sale of 'motor fuel' for 'highway use' is made to a qualified governmental tax-exempt entity, by means of a credit card issued by a credit card issuer to the qualified governmental tax-exempt entity when such credit card issuer invoices and bills such qualified governmental tax-exempt entity net of the applicable taxes, such credit card issuer may obtain a refund for the sales and use taxes paid on such sales. (c) In order for a credit card issuer to be eligible to claim a refund of sales and use taxes provided under this Code section, the credit card issuer must be registered with Internal Revenue Service under Section 4101 of the Internal Revenue Code as a credit card issuer; establish that it has not collected the tax from the qualified governmental tax-exempt entity who purchased the motor fuel; establish that it repaid the amount of the tax to the dealer in full with all applicable taxes included; and has obtained the written consent of the dealer to the allowance of the credit or refund or has otherwise made arrangements which directly or indirectly provide the dealer with reimbursement of the tax. (d) Refunds of sales and use tax pursuant to this Code section shall be made without interest. (e) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section."

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SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative O`Neal of the 146th moved that the House agree to the Senate substitute to HB 441.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 165, nays 1.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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The motion prevailed.
HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible single-family residence; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate amendments were read:
Senate Amendment #1
Amend HB 261 (18 8169S) by inserting after "residence" on line 14 the following: , a residence occupied at the time of sale,
By striking "or" on line 21
By striking "." on line 23 and inserting in lieu thereof "; or"
By inserting between lines 23 and 24 the following: (C) A condominium unit, as defined in Code Section 44-3-71, that is occupied for residential purposes by a single family and that is a new condominium unit, a condominium unit occupied at the time of sale, or a previously occupied condominium unit that was for sale prior to the effective date of this Code section and is still for sale after the effective date of this Code section.
By striking lines 35 through 40 and inserting in lieu thereof the following: (d)(1) A taxpayer shall submit to the commissioner: (A) A bona fide listing agreement with a real estate agent or broker licensed in this state or documentation that the eligible single-family residence was for sale directly by the owner without a real estate agent or broker; and (B) A copy of a deed conveying the single-family residence to the taxpayer after it was recorded in the deed records in the office of the clerk of superior court in which the eligible single-family residence is situated and a copy of a properly executed HUD-1 settlement statement or other closing statement which shows all financial terms of the transaction including the exact amount the buyer paid at closing

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or other appropriate documentation deemed sufficient by the commissioner to validate the eligiblity of the single-family residence for purposes of the tax credit under this Code section.
Senate Amendment #2
Amend HB 261 by inserting between the word "foregoing" and "to" on line 5 the following: to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process to programs for education regarding and the alleviation of multiple sclerosis; to provide an effective date and for applicability;
By inserting between lines 50 and 51 the following: SECTION 2 .
Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, is amended by adding a new Code section to read as follows:
"48-7-64. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2009, shall contain appropriate language, to be determined by the commissioner, offering the taxpayer the opportunity to contribute to programs for education regarding and the alleviation of multiple sclerosis by donating either all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of such programs 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 such programs may designate such contribution as provided in this Code section on the appropriate income tax return form. (b) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the National Multiple Sclerosis Society Georgia Chapter."
Representative Stephens of the 164th moved that the House disagree to the Senate amendments to HB 261.
The motion prevailed.
HB 68. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation

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of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Titles 31 and 43 of the Official Code of Georgia Annotated, relating to health and professions and business, respectively, so as to provide for regulation of certain areas related to deceased individuals; to provide for the ability for individuals to provide through a preneed contract for the disposition of their bodies after death; to provide for the persons who may direct the disposition of a person's body after the person's death; to provide for the forfeiture of the right of disposition under certain circumstances; to provide for resolving conflicting claims; to provide for immunity for funeral homes that act in good faith on such directions for disposition; to restrict the location of certain crematories; to provide for a procedure for the disposition of cremains after a certain time period; to provide for certain costs and fees to be paid by the authorizing agent; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Code section to read as follows:
"31-21-7. (a) A person who is 18 years of age or older and of sound mind, by entering into a preneed contract, as defined in paragraph (30) of Code Section 10-14-3, may direct the location, manner, and conditions of the disposition of the person's remains and the arrangements for funeral goods and services to be provided upon the person's death. The disposition directions and funeral prearrangements that are contained in a preneed contract shall not be subject to cancellation or substantial revision unless the cancellation or substantial revision has been ordered by a person the decedent has appointed in the preneed contract as the person authorized to cancel or revise the terms of the preneed contract or unless any resources set aside to fund the preneed contract are insufficient under the terms of the preneed contract to carry out the disposition directions and funeral prearrangements contained therein. (b) Except as provided in subsection (c) of this Code section, the right to control the disposition of the remains of a deceased person; the location, manner, and conditions of disposition; and arrangements for funeral goods and services to be provided vests in the following, in the order named, provided that such person is 18 years or older and is of sound mind:

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(1)(A) A person designated by the decedent as the person with the right to control the disposition in an affidavit executed in accordance with subparagraph (B) of this paragraph. (B) A person who is 18 years of age or older and of sound mind wishing to authorize another person to control the disposition of his or her remains may execute an affidavit before a notary public in substantially the following form:
'State of Georgia County of _______ I, _______________, do hereby designate ________________ with the right to control the disposition of my remains upon my death. I __ have __ have not attached specific directions concerning the disposition of my remains with which the designee shall substantially comply, provided that such directions are lawful and there are sufficient resources in my estate to carry out the directions. Subscribed and sworn to before me this ___ day of the month of _____ of the year _____. ___________________(signature of affiant) ___________________(signature of notary public)'; (2) The surviving spouse of the decedent; (3) The sole surviving child of the decedent or, if there is more than one child of the decedent, the majority of the surviving children; provided, however, that less than one-half of the surviving children shall be vested with the rights under this Code section if they have used reasonable efforts to notify all other surviving children of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving children; (4) The surviving parent or parents of the decedent. If one of the surviving parents is absent, the remaining parent shall be vested with the rights and duties under this Code section after reasonable efforts have been unsuccessful in locating the absent surviving parent; (5) The surviving brother or sister of the decedent or, if there is more than one sibling of the decedent, the majority of the surviving siblings; provided, however, that less than the majority of surviving siblings shall be vested with the rights and duties under this Code section if they have used reasonable efforts to notify all other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving siblings; (6) The surviving grandparent of the decedent or, if there is more than one surviving grandparent, the majority of the grandparents; provided, however, that less than the majority of the surviving grandparents shall be vested with the rights and duties under this Code section if they have used reasonable efforts to notify all other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving grandparents; (7) The guardian of the person of the decedent at the time of the decedent's death if one had been appointed; (8) The personal representative of the estate of the decedent;

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(9) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition; (10) If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, the public officer, administrator, or employee responsible for arranging the final disposition of decedent's remains; or (11) In the absence of any person under paragraphs (1) through (10) of this subsection, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under paragraphs (1) through (10) of this subsection. (c) A person entitled under law to the right of disposition shall forfeit that right, and the right is passed on to the next qualifying person as listed in subsection (b) of this Code section, in the following circumstances: (1) Any person charged with murder or voluntary manslaughter in connection with the decedent's death and whose charges are known to the funeral director; provided, however, that, if the charges against such person are dismissed or if such person is acquitted of the charges, the right of disposition is returned to the person; (2) Any person who does not exercise his or her right of disposition within two days of notification of the death of decedent or within three days of decedent's death, whichever is earlier; (3) If the person and the decedent are spouses and a petition to dissolve the marriage was pending at the time of decedent's death; or (4) Where the probate court pursuant to subsection (d) of this Code section determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this Code section, the term 'estranged' means a physical and emotional separation from the decedent at the time of death which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. (d) Notwithstanding subsections (b) and (c) of this Code section, the probate court for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition and may make decisions regarding the decedent's remains if those sharing the right of disposition cannot agree. The following provisions shall apply to the court's determination under this subsection: (1) If the persons holding the right of disposition are two or more persons with the same relationship to the decedent and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of such persons or a funeral home with custody of the remains may file a petition asking the probate court to make a determination in the matter;

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(2) In making a determination under this subsection, the probate court shall consider the following:
(A) The reasonableness and practicality of the proposed funeral arrangements and disposition; (B) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition; (C) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition; (D) The convenience and needs of other families and friends wishing to pay respects; (E) The desires of the decedent; and (F) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect; (3) In the event of a dispute regarding the right of disposition, a funeral home shall not be liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral home receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. If the funeral home retains the remains for final disposition while the parties are in disagreement, the funeral home may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the probate court and may add the cost of embalming or refrigeration and sheltering to the final disposition costs. If a funeral home brings an action under this subsection, the funeral home may add the legal fees and court costs associated with a petition under this subsection to the cost of final disposition. This subsection may not be construed to require or to impose a duty upon a funeral home to bring an action under this subsection. A funeral home and its employees shall not be held criminally or civilly liable for choosing not to bring an action under this subsection; and (4) Except to the degree it may be considered by the probate court under subparagraph (C) of paragraph (2) of this subsection, the fact that a person has paid or agreed to pay for all or part of the funeral arrangements and final disposition shall not give that person a greater claim to the right of disposition than the person would otherwise have. The personal representative of the estate of the decedent shall not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have. (e) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order such disposition. A funeral home shall have the right to rely on such funeral service agreement or authorization and shall have the authority to carry out the instructions of the person or persons the funeral home reasonably believes holds the right of disposition. The funeral home shall have no responsibility to contact or to

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independently investigate the existence of any next of kin or relative of the decedent. If there is more than one person in a class who are equal in priority and the funeral home has no knowledge of any objection by other members of such class, the funeral home shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements, provided that no other person in such class provides written notice of his or her objections to the funeral home. (f) No funeral home or funeral director who relies in good faith upon the instructions of an individual claiming the right of disposition shall be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with the instructions."
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (a) of Code Section 43-18-72, relating to crematories to be licensed, equipment, facilities, and personnel, application, reports, and limitation of single body in retort, as follows:
"43-18-72. (a)(1) It shall be unlawful for any person, firm, corporation, or association to operate a crematory without first obtaining a separate license for such purpose from the board in accordance with this article. The crematory must be at a specific address or location and must meet the following requirements and have the following minimum equipment, facilities, and personnel:
(1)(A) A room with seating for a minimum of 30 people in which funeral services may be conducted; (2)(B) A display room containing an adequate supply of urns; (3)(C) Rolling stock consisting of at least one operable motor hearse either owned or leased by said firm with current Georgia registration; (4)(D) At least one operable retort for cremation; (5)(E) At least one operable processing station for grinding of cremated remains; and (6)(F) At least one church truck; and (G) Not be located within 1,000 feet of a residential subdivision platted and recorded in the office of the clerk of the superior court of a county in which such residential subdivision is located. (2)(A) provided, however, that the The provisions of paragraphs (1), (2), and (6) subparagraphs (A), (B), and (F) of paragraph (1) of this subsection shall not apply to crematories which provide cremation services only to other funeral establishments. (2)(B) The provision of paragraph (G) of paragraph (1) of this subsection shall only apply to the issuance or renewal of any license on or after the effective date of this subparagraph for any stand-alone crematory that was not in operation as of such effective date. For purposes of this subparagraph, the term 'stand-alone crematory' shall mean a crematory that is not located on or adjacent to a tract or parcel of land which contains a funeral establishment."

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SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"43-18-80. (a) For the purposes of this Code section, 'authorizing agent' means a person legally entitled to authorize the cremation of human remains. (b) The authorizing agent shall provide to the funeral establishment in which the cremation arrangements are made a signed statement specifying the ultimate disposition of the cremated remains, if known. A copy of this statement shall be retained by the funeral establishment offering or conducting the cremation. (c) Cremated remains shall be shipped only by a method that has an internal tracking system available and that provides a receipt signed by the person accepting delivery. (d) The authorizing agent shall be responsible for the disposition of the cremated remains. If, after 60 days from the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the cremated remains, the funeral establishment or entity in possession of the cremated remains shall send a notification to the authorizing agent notifying him or her that, pursuant to this subsection, failure to respond to such notification and specify the final disposition of the cremains within 30 days of the transmission of such notice shall authorize the funeral establishment to make arrangements for the disposition of the cremains. If, after 30 days, the funeral establishment or entity in possession of the cremated remains has not received instructions from the authorizing agent describing a specific method of disposing of the cremains, the funeral establishment or entity in possession of the cremains shall be authorized to dispose of the cremated remains in a dignified and humane manner by entombing such cremains in a crypt or underground in accordance with local and state law or by storage in the funeral establishment. The final resting place of the cremains shall be clearly marked and recorded by the funeral establishment entombing the cremains. Any costs or fees incurred to entomb, inter, or disinter the cremains shall be the responsibility of the authorizing agent; provided, however, that such cost shall not exceed $100.00."
SECTION 4. 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, Williams of the 4th, and Ramsey of the 72nd move to amend the Senate substitute HB 68 by inserting between lines 32 and 33 the following:
(1) The health care agent, as defined in Code Section 31-32-2;
By redesignating paragraphs (1) through (11) of subsection (b) of Code Section 31-21-7 as paragraphs (2) through (12), respectively.

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Representative Sims of the 169th moved that the House agree to the Senate substitute, as amended by the House, to HB 68
Representative Sims of the 169th asked unanimous consent to withdraw his motion that the House agree to the Senate substitute, as amended by the House, to HB 68.
The motion prevailed.
Representative Sims of the 169th moved that the House disagree to the Senate substitute to HB 68.
The motion prevailed.
HB 553. By Representatives Lunsford of the 110th, Butler of the 18th, Stephens of the 164th, Millar of the 79th, Harbin of the 118th 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 comprehensive regulation of local government equipment financing; to provide for a short title; to provide for legislative purposes; to provide for definitions; to create the Local Government Equipment Financing Authority; to provide for members, qualifications, officers, meetings, and procedures; to provide for powers, duties, and authority of the authority; to provide for procedures, conditions, and limitations; to provide for certain bonds, notes, certificates, bond anticipation notes, and other evidences of indebtedness; 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 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for comprehensive regulation of local government equipment financing; to provide for a short title; to provide for legislative purposes; to provide for definitions; to create the Local Government Equipment Financing Authority and the County Equipment Financing Authority; to provide for members, qualifications, officers, meetings, and procedures; to provide for powers, duties, and authority of each authority; to provide for procedures, conditions, and limitations; to provide for certain bonds, notes, certificates, bond anticipation notes, and other evidences of indebtedness; to provide for nonapplicability of certain general laws; to provide for certain tax exempt status of each authority, each authority's property, and each authority's activities; to provide for cumulative effect of the foregoing; to provide for liberal construction of the

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foregoing; to change certain provisions regarding participation in certain qualified interest rate agreements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new chapter to read as follows:
"CHAPTER 93 ARTICLE 1
36-93-1. This article shall be known and may be cited as the 'Local Government Equipment Financing Authority Act.'
36-93-2. The purpose of this article shall be to provide a mechanism through which local governments may lease or purchase on an installment basis equipment at lower than prevailing costs and to make this mechanism available to the largest number of local governments feasible.
36-93-3. As used in this article, the term:
(1) 'Authority' means the Local Government Equipment Financing Authority created by this article and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article. (2) 'Bond' or 'bonds' means revenue bonds, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article. (3) 'Cost' as applied to equipment financed under this article includes:
(A) The cost and the incidental and related costs of the acquisition, repair, restoration, reconditioning, refinancing, or installation of equipment; (B) The cost of any property interest in equipment, including an option to purchase a leasehold interest; (C) The cost of architectural, engineering, legal, trustee, underwriting, and related services; the cost of the preparation of plans, specifications, studies, surveys, and estimates of cost; and all other expenses necessary or incident to planning, providing, or determining the need for or the feasibility and practicability of equipment;

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(D) The cost of financing charges, including premiums or prepayment penalties and interest, accrued before the acquisition and installation or refinancing of such equipment and for up to three years after such acquisition and installation or refinancing; (E) The costs paid or incurred in connection with the financing of equipment, including out-of-pocket expenses, the cost of any policy of insurance or other credit enhancement, the cost of printing, engraving, and reproduction services, and the cost of the initial or acceptance fee of any trustee or paying agent; (F) The costs of the authority incurred in connection with providing equipment, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing equipment; and (G) The costs paid or incurred for the administration of any program for the financing or refinancing of equipment by the authority and any program for the installment sale or lease of equipment to any participating local government. (4) 'Equipment' means any fixture or personal property that is determined by the authority to be necessary or desirable for the efficient operation of any participating local government, regardless of whether such property is in existence at the time of, or is to be provided after the making of, such finding. (5) 'Participating local government' means a municipality, consolidated government, school district, or other political subdivision that contracts under this article with the authority for the installment purchase or lease of equipment.
36-93-4. (a) There is created, with such duties and powers as are set forth in this article, a public body corporate and politic, not a state agency but an instrumentality of purely public charity performing an essential governmental function, to be known as the Local Government Equipment Financing Authority. The authority shall be exempt from the provisions of Article 2 of Chapter 17 of Title 50 and Code Sections 45-15-13 through 45-15-16. (b) The authority shall be governed by five initial members who shall be the same persons who are municipal elected officials serving as members of the board of trustees of a municipal interlocal risk management agency formed and operational prior to January 1, 2009, pursuant to Code Section 36-85-3. Two of the trustees shall serve a term as a member of the authority expiring January 1, 2011; two of the trustees shall serve a term as a member of the authority expiring January 1, 2012; and one of the trustees shall serve a term as a member of the authority expiring January 1, 2013, as determined by the board of trustees. After the conclusion of each initial term, each member of the authority shall be appointed for a four-year term, and vacancies in office shall be filled by a majority vote of the remaining members of the authority. The authority may adopt and amend bylaws governing the procedures and internal operations of the authority. Each member of the authority shall be an elected member of a governing authority of a Georgia municipal corporation and, if such member ceases to be an elected member of a governing authority of a Georgia municipal corporation,

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such member's seat on the authority shall be declared vacant and the remainder of such member's term filled by majority vote of the remaining members of the authority. (c) The members shall elect a chairperson, a vice chairperson, and other officers. The members shall not be compensated for their services, but they shall be reimbursed for their actual and necessary expenses as determined by the authority. (d) A majority of the members of the authority shall constitute a quorum for the transaction of business. The vote of at least a majority of the members present at any meeting at which a quorum is present is necessary for any action to be taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all rights and perform all duties of the authority. (e) Meetings of the members of the authority shall be held at the call of the chairperson or whenever any two members so request. The members shall meet at least once each year. (f) The authority shall be authorized to contract with Georgia Municipal Association, Inc., or its successors or other state-wide organization representing at least 200 municipalities of this state to provide an administrative staff and clerical services and to assist in the management of the routine affairs of the authority, including the originating and processing of any applications from participating local governments for the lease or purchase from the authority of equipment and to service the leases and installment purchase contracts between the authority and the participating local governments. The administrative staff shall include an executive director who shall serve as the ex officio secretary of the authority. The executive director may be an employee of the Georgia Municipal Association, Inc., or its successors or other state-wide organization representing at least 200 of the municipalities of this state. (g) The executive director shall attend the meetings of the members of the authority, shall keep a record of the proceedings of the authority, and shall maintain all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. He or she may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. If the executive director is unable to attend a meeting of the members of the authority, the members of the authority shall designate a member of the authority or an employee of the entity referred to in subsection (f) of this Code section as the person responsible for carrying out the duties of the executive director set out in this Code section.
36-93-5. The authority is granted all powers necessary to carry out and effectuate its public and corporate purposes, including but not limited to the following powers:
(1) To have perpetual succession as a public body corporate and politic and an independent public instrumentality exercising essential public functions;

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(2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs; to carry into effect its powers and purposes; and to conduct its business; (3) To sue and be sued in its own name; (4) To have an official seal; (5) To maintain an office in Georgia; (6) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this article; (7) To employ architects, engineers, independent legal counsel, inspectors, accountants, and financial experts and such other advisers, consultants, and agents as may be necessary in its judgment without the approval or consent of any other public official and to fix their compensation; (8) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as it considers advisable and to pay premiums on any such insurance; (9) To procure insurance, guarantees, or other credit enhancement from any public or private entities, including any department, agency, or instrumentality of the United States, to secure payment:
(A) On a lease or installment purchase payment owed by a participating local government to the authority; or (B) Of any bonds issued by the authority and to pay premiums on any such insurance, guarantee, or other credit enhancement; (10) To procure letters of credit or other credit or liquidity facilities or agreements from any national or state banking association or other entity authorized to issue a letter of credit or other credit or liquidity facilities or agreements to secure the payment of any bonds issued by the authority or to secure the payment of any lease or installment purchase payment owed by a participating local government to the authority; and to pay the cost of obtaining such letter of credit or other credit or liquidity facilities or agreements; (11) To receive and accept from any source any money, property, or thing of value to be held, used, and applied to carry out the purpose of this article, subject to the conditions upon which the grants or contributions are made, including gifts or grants from any department, agency, or instrumentality of the United States or the State of Georgia for any purpose consistent with this article; (12) To provide, or cause to be provided by a participating local government, by acquisition, lease, fabrication, repair, restoration, reconditioning, refinancing, or installation, equipment to be located within Georgia; (13) To lease as lessor any item of equipment for such rentals and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (14) To sell by installment or otherwise, to sell by option or contract for sale, and to convey all or any part of any item of equipment for such price and upon such terms

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and conditions as the authority considers advisable and which are not in conflict with this article; (15) To make contracts and incur liabilities, borrow money at such rates of interest as the authority determines, issue its bonds in accordance with this article, and secure any of its bonds or obligations by an assignment or pledge of all or any part of its property, contract rights, and income or as otherwise provided in this article; (16) To purchase, receive, lease as lessee or lessor, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with equipment, or any interest therein, wherever situated; (17) To sell, convey, hypothecate, pledge, assign, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets; (18) To charge to and apportion among participating local governments its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article; (19) To collect fees and charges, as the authority determines to be reasonable, in connection with its leases, sales, advances, insurance, commitments, and servicing; (20) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; (21) To sell or assign its rights under its leases, installment purchase contracts, or other contracts or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such leases, installment purchase contracts, or other contracts, or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (22) 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; (23) To do all things necessary or convenient to carry out the powers conferred by this article; (24) To hold funds in deposit accounts with banking institutions as otherwise authorized by law; and (25) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in the following obligations:
(A) Bonds or obligations of, or other obligations the principal and interest of which are guaranteed by, this state or any county, municipal corporation, political subdivision, or public body corporate and politic of this state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government and its subsidiary corporations and instrumentalities and entities sanctioned or authorized by the United States government including, but not limited to, any of the farm credit banks

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or agricultural credit banks, the Federal Home Loan Mortgage Corporation, and the Federal National Mortgage Association; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks or federal savings and loan associations located within this state that have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of state building and loan associations located within this state that have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such funds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, with any national or state bank located within this state, or one or more of the securities described in subparagraphs (A), (B), (C), and (D) of this paragraph, in an aggregate principal amount equal at least to the amount of such excess; (F) Interest-bearing time deposits, repurchase agreements, forward delivery agreements, rate guarantee agreements, or other similar banking arrangements with respect to securities described in subparagraphs (A), (B), (C), and (D) of this paragraph with:
(i) A bank or trust company having capital and surplus aggregating at least $50 million; (ii) Any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million; or (iii) Any corporation that is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the federal Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, forward delivery agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; and (G) State operated investment pools.
36-93-6.

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(a) The authority may initiate one or more programs of providing equipment to be purchased or leased by participating local governments. In furtherance of this objective, the authority may also:
(1) Establish eligibility standards for participating local governments, provided that such standards shall encourage maximum feasible participation for participating local governments; (2) Contract with any entity securing or enhancing the payment of bonds, authorizing the entity to approve the participating local governments that can lease or purchase equipment financed with proceeds of bonds secured or enhanced by that entity; (3) Lease to a participating local government specific items of equipment upon terms and conditions that the authority considers proper, charge and collect rents therefor, and include in any such lease provisions that the lessee has the option to purchase any or all of the equipment to which the lease applies; (4) Sell to a participating local government under any installment purchase contract specific items of equipment upon such terms and conditions as the authority considers proper; (5) Sell or otherwise dispose of any unneeded or obsolete equipment under terms and conditions as determined by the authority; (6) Maintain, repair, replace, and otherwise improve or cause to be maintained, repaired, replaced, and otherwise improved any equipment owned by the authority; (7) Obtain or aid in obtaining property insurance on all equipment owned or financed or accept payment if any equipment is damaged or destroyed; and (8) Enter into any agreement, contract, or other instrument for any insurance, guarantee, or letter of credit accepting payment in such manner and form as provided therein if a participating local government defaults and assign any such insurance, guarantee, or letter of credit as security for bonds issued by the authority. (b) Before exercising any of the powers conferred by subsection (a) of this Code section, the authority may: (1) Require that the lease or installment purchase contract involved be insured by a financial guaranty insurer, be credit enhanced by a credit enhancer, or be secured by a letter of credit; or (2) Require any other type of security from the participating local government that it considers reasonable and necessary.
36-93-7. (a) The authority may issue, sell, and deliver its bonds, in accordance with this article, for the purpose of paying for all or any part of the cost of equipment, to finance the acquisition of equipment for lease or sale to participating local governments, and for any other purposes authorized by this article. (b) The bonds may be issued as serial bonds or as term bonds or a combination of each in one or more series and shall bear such date or dates; mature at such time or times, not exceeding 30 years from their respective dates of issue; bear interest at such fixed or variable rates without regard to any limitations contained in any other statute or laws of

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this state, bear interest at different rates, and mature at different dates within a series; bear interest at one or more variable or fixed rates within a series, and may be converted from such variable rate or rates to a fixed rate or rates, or may be converted from such fixed rate or rates to a variable rate or rates from time to time; be payable at such time or times; be in such denominations; be in such form, either coupon or fully registered; carry such registration and conversion privileges; have such rank or priority; be payable in lawful money of the United States at such places, within or outside this state; and be subject to such terms of redemption and tender for purchase as such bond resolution may provide. (c) All revenue bonds issued by the authority shall be subject to validation in accordance with Article 3 of Chapter 82 of this title, known as the 'Revenue Bond Law.' Notes and other types of obligations of the authority shall not be required to be so validated. All proceedings to validate revenue bonds of the authority shall be held in the Superior Court of Fulton County, and judgments of validation obtained in the manner set forth in such chapter shall be forever conclusive upon the validity of such bonds and the security for such bonds as therein provided. The petition and complaint for validation may also make party defendant to such action any participating local government that has contracted with the authority in connection with the issuance of the revenue bonds or regarding the manner in which such bonds are to be secured; and such participating local government may be required to show cause, if any exists, why such contract and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as a binding obligation of the participating local government for the security of any such bonds of the authority. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority, any parties to the validation proceedings, or any persons who might properly have become parties to such proceedings. The certificate of validation, however, may be signed with the facsimile or manually executed official signature of the clerk or deputy clerk of the Superior Court of Fulton County. (d) The authority may sell its bonds in such manner and for such price, at public or private sale, as it may determine to be in the best interest of the authority. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim certificates or receipts or temporary bonds for definitive bonds upon issuance of the latter. The authority may also provide for the replacement of any bonds that shall become mutilated or be stolen, destroyed, or lost. (e) The bonds shall be signed by the chairperson of the authority or such other person designated by the authority, and the corporate seal of the authority shall be thereunto impressed, imprinted, or otherwise reproduced and attested by the signature of the secretary of the authority or such other person designated by the authority. The coupons, if any, shall be signed in such manner as may be directed by the authority. The signatures of the officers of the authority and the seal of the authority upon any bond issued by the authority may be by facsimile if the instrument is manually authenticated or countersigned by a trustee other than the authority itself or an officer or

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employee of the authority. All bonds issued under the authority of this article bearing signatures or facsimiles of the signatures of officers of the authority in office on the date of the signing thereof shall be valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon shall have ceased to be officers of the authority. (f) The authority may provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of such bonds, and, if considered advisable by the authority, for the additional purpose of paying all or any part of the cost of equipment. (g) The proceeds of any bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority. Subject to the provisions of any trust indenture to the contrary, any such escrowed proceeds, pending such use, may be invested and reinvested in such obligations specified in paragraph (25) of Code Section 36-93-5 as are determined by the authority in order to assure the prompt payment of the principal and interest and redemption premium, if any, on the outstanding bonds to be so refunded. The interest, income, and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. Only after the terms of the escrow have been fully satisfied and carried out shall any balance of such proceeds and interest, income, and profits, if any, earned or realized on the investments thereof be returned to the authority or the participating local governments for use by them in any lawful manner. (h) The proceeds of the bonds, other than refunding bonds, of each series shall be used for the payment of all or part of the cost of the equipment for which such bonds have been authorized and, at the option of the authority, for the deposit to a reserve fund or reserve funds for the bonds; however, the authority may be paid, out of proceeds of the sale and delivery of its bonds issued in accordance with this article, all of the authority's out-of-pocket expenses and costs in connection with the issuance, sale, and delivery of such bonds and the costs of obtaining insurance, guarantees, other credit enhancement, and letters of credit securing payment of the bonds and the lease and the installment purchase payments, plus an amount equal to the compensation paid to any employees or agents of the authority for the time those employees or agents have spent on activities relating to the issuance, sale, and delivery of the bonds. Bond proceeds shall be disbursed in the manner and under the restrictions determined by the authority.
36-93-8.

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(a) The bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any bank having the power of a trust company, or any trust company. The trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the holders of the bonds 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 exercise of its powers and the custody, investing, safekeeping, and application of all money. The authority may provide by the trust indenture for the payment of the proceeds of the bonds and any lease or installment purchase payments to the trustee under the trust indenture or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the authority.
(b)(1) Any bond resolution or related trust indenture may contain the following provisions, which must be a part of the contract with the holders of the bonds to be authorized:
(A) Pledging or assigning the lease or installment purchase payments made for the equipment or pledging or assigning the contract rights under the leases or installment purchase contracts with the participating local governments whose equipment has been financed with the proceeds of such bonds or other specified revenues or property of the authority; (B) The rentals, installment purchase payments, fees, and other amounts to be charged by the authority, the schedule of payments, the sums to be raised in each year thereby, and the use, investment, and disposition of such sums; (C) Setting aside any reserves or sinking funds and the regulation, investment, and disposition thereof; (D) Limitation on the use of the equipment; (E) Limitations on the purpose for which or the investments in which the proceeds of sale of any series of bonds then or thereafter may be applied; (F) Limitations on the issuance of additional bonds, terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; (G) The refunding of outstanding bonds; (H) The procedure, if any, by which the terms of any contract with holders of the bonds may be amended or abrogated, the amounts of bonds the holders of which must consent thereto, the manner in which such consent may be given, and restrictions on the individual rights of action by holders of the bonds; (I) Acts or omissions that constitute a default in the duties of the authority to holders of its bonds and providing the rights and remedies of such holders in the event of default; and (J) Any other matters relating to the bonds that the authority considers desirable. (2) Bonds of the authority may also be secured by and payable from a pooling of leases or of installment purchase contracts whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of equipment with two or

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more participating local governments, as lessees, or assign its rights as seller and pledge the installment purchase payments under two or more installment purchase contracts of equipment with two or more participating local governments, as purchasers, upon such terms as may be provided for in bond resolutions, trust indentures, or other instruments under which such bonds are issued. (c) Every series of bonds is payable solely out of revenues, assets, or money of the authority as the authority determines, subject only to any agreements with the holders of particular bonds pledging any particular money or revenue. The bonds may be additionally secured by a pledge of any grant, contribution, or guarantee from the federal government or any corporation, association, institution, or person or a pledge of any money, income, or revenue of the authority from any source.
36-93-9. Neither the members of the authority nor any person executing bonds on behalf of the authority shall be personally liable thereon by reason of the issuance thereof.
36-93-10. Bonds issued under this article shall not be deemed to constitute a debt or pledge of the faith and credit of this state or any political subdivision or municipal corporation thereof within the meaning of any provision of the Constitution or laws of this state. Bonds issued by the authority shall not directly, indirectly, or contingently obligate this state or any of its political subdivisions or municipal corporations to levy or to pledge any form of taxation whatever for those bonds or to make any appropriation for the payment thereof; and all such bonds or other obligations of the authority shall contain recitals on their face covering substantially the foregoing provisions of this Code section.
36-93-11. The creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article; the state covenants with the holders of the bonds and any interest coupons appertaining thereto that the authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any of the property acquired or leased or sold by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the equipment acquired by it or upon any fees, rentals, charges, or purchase price, received in installments or otherwise, pertaining to such equipment or upon other income received by the authority; that the bonds of the authority, their transfer, and the interest and income therefrom shall at all times be exempt from taxation within this state; and that the recording of any indenture or security agreement by the authority shall be exempt from recording taxes and fees and from intangibles tax. The tax exemption provided in

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this Code section shall not include any exemption from sales or use tax on property purchased by the authority or for use by the authority, except that the authority shall be entitled to such exemption with respect to property as is available to the participating local government pursuant to Article 1 of Chapter 8 of Title 48.
36-93-12. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of any of its officers shall not be diminished or impaired in any manner that will affect adversely the interest and right of the holders of such bonds. This article shall be for the benefit of the holders of any such bonds and, upon the issuance of the bonds as provided in this chapter, such provisions shall constitute a contract with the holders of such bonds. The provisions of any bond resolution, indenture, or trust agreement shall be a contract with every holder of such bonds, and the duties of the authority under any such bond resolution, indenture, or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity.
36-93-13. All moneys received by the authority pursuant to this article, whether as grants or other contributions or as revenues, rents, installment purchase payments, and earnings, shall be held in trust and applied solely as provided for in this article.
36-93-14. The authority may hold title to any equipment financed by it but shall not be required to do so.
36-93-15. The authority's legal situs or residence for the purpose of this article shall be Fulton County. Any action to protect or enforce any rights under this article, including the validation of revenue bonds issued by the authority as permitted in this article, shall be brought in the Superior Court of Fulton County, and such court shall have exclusive original jurisdiction of all such actions.
36-93-16. Nothing in this article may be construed as a restriction or limitation upon any powers that the authority might otherwise have under any other law of this state, and this article is cumulative to such powers. This article shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized and shall be construed as supplemental to powers conferred by any other laws. The adoption by the authority of bylaws and rules and the issuance of bonds by the authority under this article need not comply with the requirements of any other state laws applicable to the adoption of bylaws and rules and the issuance of bonds, notes, and other obligations. No proceedings, notice, or approval is required for the issuance of any bonds or any

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instrument or the security therefor or for the proper conduct of the authority's business, affairs, or operations, except as provided in this article.
36-93-17. This article, being for the welfare of this state and its inhabitants, shall be liberally construed to effect its purposes.
ARTICLE 2 36-93-30. This article shall be known and may be cited as the 'County Government Equipment Financing Authority Act.'
36-93-31. The purpose of this article shall be to provide a mechanism through which participating county governments may lease or purchase on an installment basis equipment at lower than prevailing costs and to make this mechanism available to the largest number of participating county governments feasible.
36-93-32. As used in this article, the term:
(1) 'Authority' means the County Equipment Financing Authority created by this article and any successor or successors thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article. (2) 'Bond' or 'bonds' means revenue bonds, notes, interim certificates, bond anticipation notes, and other evidences of indebtedness of the authority issued under this article. (3) 'Cost' as applied to equipment financed under this article includes:
(A) The cost and the incidental and related costs of the acquisition, repair, restoration, reconditioning, refinancing, or installation of equipment; (B) The cost of any property interest in equipment, including an option to purchase a leasehold interest; (C) The cost of architectural, engineering, legal, trustee, underwriting, and related services; the cost of the preparation of plans, specifications, studies, surveys, and estimates of cost; and all other expenses necessary or incident to planning, providing, or determining the need for or the feasibility and practicability of equipment; (D) The cost of financing charges, including premiums or prepayment penalties and interest, accrued before the acquisition and installation or refinancing of such equipment and for up to three years after such acquisition and installation or refinancing; (E) The costs paid or incurred in connection with the financing of equipment, including out-of-pocket expenses, the cost of any policy of insurance or other credit

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enhancement, the cost of printing, engraving, and reproduction services, and the cost of the initial or acceptance fee of any trustee or paying agent; (F) The costs of the authority incurred in connection with providing equipment, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing equipment; and (G) The costs paid or incurred for the administration of any program for the financing or refinancing of equipment by the authority and any program for the installment sale or lease of equipment to any participating county government. (4) 'Equipment' means any fixture or personal property that is determined by the authority to be necessary or desirable for the efficient operation of any participating county government, regardless of whether such property is in existence at the time of, or is to be provided after the making of, such finding. (5) 'Participating county government' means a county, consolidated government, school district, or other political subdivision that contracts under this article with the authority for the installment purchase or lease of equipment.
36-93-33. (a) There is created, with such duties and powers as are set forth in this article, a public body corporate and politic, not a state agency but an instrumentality of purely public charity performing an essential governmental function, to be known as the County Government Equipment Financing Authority. The authority shall be exempt from the provisions of Article 2 of Chapter 17 of Title 50 and Code Sections 45-15-13 through 45-15-16. (b) The authority shall be governed by an initial board of directors who shall be the same persons who are the county elected officials serving as members of the governing board of a Georgia nonprofit instrumentality of county governments whose income is exempt from federal income tax pursuant to Section 115 of the Internal Revenue Code of 1986. The initial board of directors shall adopt bylaws setting forth procedures governing the internal operations of the authority. The bylaws may provide for a successor board of directors composed of five to nine members elected on a staggered basis to terms of four years except that the initial appointments may be for a shorter term in order to stagger the terms. The initial board of directors shall govern the authority until a successor board of directors is appointed in accordance with the bylaws of the authority. Each member of the board of directors shall be an elected member of a Georgia county governing authority and, if such member ceases to be an elected member of a Georgia county governing authority, such member's seat on the board shall be declared vacant and the remainder of any term filled as provided in the bylaws of the authority. (c) The members shall elect a chairperson, a vice chairperson, and other officers. The members shall not be compensated for their services, but they shall be reimbursed for their actual and necessary expenses as determined by the authority. (d) A majority of the members of the authority shall constitute a quorum for the transaction of business. The vote of at least a majority of the members present at any

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meeting at which a quorum is present is necessary for any action to be taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all rights and perform all duties of the authority. (e) Meetings of the members of the authority shall be held at the call of the chairperson or whenever any two members so request. The members shall meet at least once each year. (f) The authority shall be authorized to contract with the Association County Commissioners of Georgia, Inc., or its successors or other state-wide organization representing counties of this state to provide an administrative staff and clerical services and to assist in the management of the routine affairs of the authority, including the originating and processing of any applications from participating county governments for the lease or purchase from the authority of equipment and to service the leases and installment purchase contracts between the authority and the participating county governments. The administrative staff shall include an executive director who shall serve as the ex officio secretary of the authority. The executive director may be an employee of the Association County Commissioners of Georgia, Inc., or its successors or other state-wide organization representing counties of this state. (g) The executive director shall attend the meetings of the members of the authority, shall keep a record of the proceedings of the authority, and shall maintain all books, documents, and papers filed with the authority, the minutes of the authority, and its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. If the executive director is unable to attend a meeting of the members of the authority, the members of the authority shall designate a member of the authority or an employee of the entity referred to in subsection (f) of this Code section as the person responsible for carrying out the duties of the executive director set out in this Code section.
36-93-34. The authority is granted all powers necessary to carry out and effectuate its public and corporate purposes, including but not limited to the following powers:
(1) To have perpetual succession as a public body corporate and politic and an independent public instrumentality exercising essential public functions; (2) To adopt, amend, and repeal bylaws and rules consistent with this article to regulate its affairs; to carry into effect its powers and purposes; and to conduct its business; (3) To sue and be sued in its own name; (4) To have an official seal; (5) To maintain an office in Georgia; (6) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this article;

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(7) To employ architects, engineers, independent legal counsel, inspectors, accountants, and financial experts and such other advisers, consultants, and agents as may be necessary in its judgment without the approval or consent of any other public official and to fix their compensation; (8) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as it considers advisable and to pay premiums on any such insurance; (9) To procure insurance, guarantees, or other credit enhancement from any public or private entities, including any department, agency, or instrumentality of the United States, to secure payment:
(A) On a lease or installment purchase payment owed by a participating county government to the authority; or (B) Of any bonds issued by the authority and to pay premiums on any such insurance, guarantee, or other credit enhancement; (10) To procure letters of credit or other credit or liquidity facilities or agreements from any national or state banking association or other entity authorized to issue a letter of credit or other credit or liquidity facilities or agreements to secure the payment of any bonds issued by the authority or to secure the payment of any lease or installment purchase payment owed by a participating county government to the authority; and to pay the cost of obtaining such letter of credit or other credit or liquidity facilities or agreements; (11) To receive and accept from any source any money, property, or thing of value to be held, used, and applied to carry out the purpose of this article, subject to the conditions upon which the grants or contributions are made, including gifts or grants from any department, agency, or instrumentality of the United States or the State of Georgia for any purpose consistent with this article; (12) To provide, or cause to be provided by a participating county government, by acquisition, lease, fabrication, repair, restoration, reconditioning, refinancing, or installation, equipment to be located within Georgia; (13) To lease as lessor any item of equipment for such rentals and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (14) To sell by installment or otherwise, to sell by option or contract for sale, and to convey all or any part of any item of equipment for such price and upon such terms and conditions as the authority considers advisable and which are not in conflict with this article; (15) To make contracts and incur liabilities, borrow money at such rates of interest as the authority determines, issue its bonds in accordance with this article, and secure any of its bonds or obligations by an assignment or pledge of all or any part of its property, contract rights, and income or as otherwise provided in this article; (16) To purchase, receive, lease as lessee or lessor, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with equipment, or any interest therein, wherever situated;

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(17) To sell, convey, hypothecate, pledge, assign, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets; (18) To charge to and apportion among participating county governments its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this article; (19) To collect fees and charges, as the authority determines to be reasonable, in connection with its leases, sales, advances, insurance, commitments, and servicing; (20) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; (21) To sell or assign its rights under its leases, installment purchase contracts, or other contracts or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such leases, installment purchase contracts, or other contracts, or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (22) 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; (23) To do all things necessary or convenient to carry out the powers conferred by this article; (24) To hold funds in deposit accounts with banking institutions as otherwise authorized by law; and (25) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this article, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in the following obligations:
(A) Bonds or obligations of, or other obligations the principal and interest of which are guaranteed by, this state or any county, municipal corporation, political subdivision, or public body corporate and politic of this state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government; (C) Obligations of agencies of the United States government and its subsidiary corporations and instrumentalities and entities sanctioned or authorized by the United States government including, but not limited to, any of the farm credit banks or agricultural credit banks, the Federal Home Loan Mortgage Corporation, and the Federal National Mortgage Association; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government;

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(E) Certificates of deposit of national or state banks or federal savings and loan associations located within this state that have deposits insured by the Federal Deposit Insurance Corporation and certificates of deposit of state building and loan associations located within this state that have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such funds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, with any national or state bank located within this state, or one or more of the securities described in subparagraphs (A), (B), (C), and (D) of this paragraph, in an aggregate principal amount equal at least to the amount of such excess; (F) Interest-bearing time deposits, repurchase agreements, forward delivery agreements, rate guarantee agreements, or other similar banking arrangements with respect to securities described in subparagraphs (A), (B), (C), and (D) of this paragraph with:
(i) A bank or trust company having capital and surplus aggregating at least $50 million; (ii) Any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million; or (iii) Any corporation that is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the federal Bank Holding Company Act of 1956, provided that each such interest-bearing deposit, repurchase agreement, forward delivery agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; and (G) State operated investment pools.
36-93-35. (a) The authority may initiate one or more programs of providing equipment to be purchased or leased by participating county governments. In furtherance of this objective, the authority may also:
(1) Establish eligibility standards for participating county governments, provided that such standards shall encourage maximum feasible participation for participating county governments; (2) Contract with any entity securing or enhancing the payment of bonds, authorizing the entity to approve the participating county governments that can lease or purchase equipment financed with proceeds of bonds secured or enhanced by that entity; (3) Lease to a participating county government specific items of equipment upon terms and conditions that the authority considers proper, charge and collect rents

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therefor, and include in any such lease provisions that the lessee has the option to purchase any or all of the equipment to which the lease applies; (4) Sell to a participating county government under any installment purchase contract specific items of equipment upon such terms and conditions as the authority considers proper; (5) Sell or otherwise dispose of any unneeded or obsolete equipment under terms and conditions as determined by the authority; (6) Maintain, repair, replace, and otherwise improve or cause to be maintained, repaired, replaced, and otherwise improved any equipment owned by the authority; (7) Obtain or aid in obtaining property insurance on all equipment owned or financed or accept payment if any equipment is damaged or destroyed; and (8) Enter into any agreement, contract, or other instrument for any insurance, guarantee, or letter of credit accepting payment in such manner and form as provided therein if a participating county government defaults and assign any such insurance, guarantee, or letter of credit as security for bonds issued by the authority. (b) Before exercising any of the powers conferred by subsection (a) of this Code section, the authority may: (1) Require that the lease or installment purchase contract involved be insured by a financial guaranty insurer, be credit enhanced by a credit enhancer, or be secured by a letter of credit; or (2) Require any other type of security from the participating county government that it considers reasonable and necessary.
36-93-36. (a) The authority may issue, sell, and deliver its bonds, in accordance with this article, for the purpose of paying for all or any part of the cost of equipment, to finance the acquisition of equipment for lease or sale to participating county governments, and for any other purposes authorized by this article. (b) The bonds may be issued as serial bonds or as term bonds or a combination of each in one or more series and shall bear such date or dates; mature at such time or times, not exceeding 30 years from their respective dates of issue; bear interest at such fixed or variable rates without regard to any limitations contained in any other statute or laws of this state, bear interest at different rates, and mature at different dates within a series; bear interest at one or more variable or fixed rates within a series, and may be converted from such variable rate or rates to a fixed rate or rates, or may be converted from such fixed rate or rates to a variable rate or rates from time to time; be payable at such time or times; be in such denominations; be in such form, either coupon or fully registered; carry such registration and conversion privileges; have such rank or priority; be payable in lawful money of the United States at such places, within or outside this state; and be subject to such terms of redemption and tender for purchase as such bond resolution may provide. (c) All revenue bonds issued by the authority shall be subject to validation in accordance with Article 3 of Chapter 82 of this title, known as the 'Revenue Bond Law.'

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Notes and other types of obligations of the authority shall not be required to be so validated. All proceedings to validate revenue bonds of the authority shall be held in the Superior Court of Fulton County, and judgments of validation obtained in the manner set forth in such chapter shall be forever conclusive upon the validity of such bonds and the security for such bonds as therein provided. The petition and complaint for validation may also make party defendant to such action any participating county government that has contracted with the authority in connection with the issuance of the revenue bonds or regarding the manner in which such bonds are to be secured; and such participating county government shall be required to show cause, if any exists, why such contract and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the contract adjudicated as a binding obligation of the participating county government for the security of any such bonds of the authority. The revenue bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds against the authority, any parties to the validation proceedings, or any persons who might properly have become parties to such proceedings. The certificate of validation, however, may be signed with the facsimile or manually executed official signature of the clerk or deputy clerk of the Superior Court of Fulton County. (d) The authority may sell its bonds in such manner and for such price, at public or private sale, as it may determine to be in the best interest of the authority. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim certificates or receipts or temporary bonds for definitive bonds upon issuance of the latter. The authority may also provide for the replacement of any bonds that shall become mutilated or be stolen, destroyed, or lost. (e) The bonds shall be signed by the chairperson of the authority or by such other person designated by the authority, and the corporate seal of the authority shall be thereunto impressed, imprinted, or otherwise reproduced and attested by the signature of the secretary of the authority or by such other person designated by the authority. The coupons, if any, shall be signed in such manner as may be directed by the authority. The signatures of the officers of the authority and the seal of the authority upon any bond issued by the authority may be by facsimile if the instrument is manually authenticated or countersigned by a trustee other than the authority itself or an officer or employee of the authority. All bonds issued under the authority of this article bearing signatures or facsimiles of the signatures of officers of the authority in office on the date of the signing thereof shall be valid and binding, notwithstanding that before the delivery thereof and payment therefor such officers whose signatures appear thereon shall have ceased to be officers of the authority. (f) The authority may provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase, or maturity of such bonds, and, if considered advisable by the authority, for the additional purpose of paying all or any part of the cost of equipment.

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(g) The proceeds of any bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority. Subject to the provisions of any trust indenture to the contrary, any such escrowed proceeds, pending such use, may be invested and reinvested in such obligations specified in paragraph (25) of Code Section 36-93-34 as are determined by the authority in order to assure the prompt payment of the principal and interest and redemption premium, if any, on the outstanding bonds to be so refunded. The interest, income, and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be so refunded. Only after the terms of the escrow have been fully satisfied and carried out shall any balance of such proceeds and interest, income, and profits, if any, earned or realized on the investments thereof be returned to the authority or the participating county governments for use by them in any lawful manner. (h) The proceeds of the bonds, other than refunding bonds, of each series shall be used for the payment of all or part of the cost of the equipment for which such bonds have been authorized and, at the option of the authority, for the deposit to a reserve fund or reserve funds for the bonds; however, the authority may be paid, out of proceeds of the sale and delivery of its bonds issued in accordance with this article, all of the authority's out-of-pocket expenses and costs in connection with the issuance, sale, and delivery of such bonds and the costs of obtaining insurance, guarantees, other credit enhancement, and letters of credit securing payment of the bonds and the lease and the installment purchase payments, plus an amount equal to the compensation paid to any employees or agents of the authority for the time those employees or agents have spent on activities relating to the issuance, sale, and delivery of the bonds. Bond proceeds shall be disbursed in the manner and under the restrictions determined by the authority.
36-93-37. (a) The bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any bank having the power of a trust company, or any trust company. The trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the holders of the bonds 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 exercise of its powers and the custody, investing, safekeeping, and application of all money. The authority may provide by the trust indenture for the payment of the proceeds of the bonds and any lease or installment purchase payments to the trustee under the trust indenture or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine. All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the authority.

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(b)(1) Any bond resolution or related trust indenture may contain the following provisions, which must be a part of the contract with the holders of the bonds to be authorized:
(A) Pledging or assigning the lease or installment purchase payments made for the equipment or pledging or assigning the contract rights under the leases or installment purchase contracts with the participating county governments whose equipment has been financed with the proceeds of such bonds or other specified revenues or property of the authority; (B) The rentals, installment purchase payments, fees, and other amounts to be charged by the authority, the schedule of payments, the sums to be raised in each year thereby, and the use, investment, and disposition of such sums; (C) Setting aside any reserves or sinking funds and the regulation, investment, and disposition thereof; (D) Limitation on the use of the equipment; (E) Limitations on the purpose for which or the investments in which the proceeds of sale of any series of bonds then or thereafter may be applied; (F) Limitations on the issuance of additional bonds, terms upon which additional bonds may be issued and secured, and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; (G) The refunding of outstanding bonds; (H) The procedure, if any, by which the terms of any contract with holders of the bonds may be amended or abrogated, the amounts of bonds the holders of which must consent thereto, the manner in which such consent may be given, and restrictions on the individual rights of action by holders of the bonds; (I) Acts or omissions that constitute a default in the duties of the authority to holders of its bonds and providing the rights and remedies of such holders in the event of default; and (J) Any other matters relating to the bonds that the authority considers desirable. (2) Bonds of the authority may also be secured by and payable from a pooling of leases or of installment purchase contracts whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases of equipment with two or more participating county governments, as lessees, or assign its rights as seller and pledge the installment purchase payments under two or more installment purchase contracts of equipment with two or more participating county governments, as purchasers, upon such terms as may be provided for in bond resolutions, trust indentures, or other instruments under which such bonds are issued. (c) Every series of bonds is payable solely out of revenues, assets, or money of the authority as the authority determines, subject only to any agreements with the holders of particular bonds pledging any particular money or revenue. The bonds may be additionally secured by a pledge of any grant, contribution, or guarantee from the federal government or any corporation, association, institution, or person or a pledge of any money, income, or revenue of the authority from any source.

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36-93-38. Neither the members of the authority nor any person executing bonds on behalf of the authority shall be personally liable thereon by reason of the issuance thereof.
36-93-39. Bonds issued under this article shall not be deemed to constitute a debt or pledge of the faith and credit of this state or any political subdivision thereof within the meaning of any provision of the Constitution or laws of this state. Bonds issued by the authority shall not directly, indirectly, or contingently obligate this state or any of its political subdivisions to levy or to pledge any form of taxation whatever for those bonds or to make any appropriation for the payment thereof; and all such bonds or other obligations of the authority shall contain recitals on their face covering substantially the foregoing provisions of this Code section.
36-93-40. The creation of the authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article; the state covenants with the holders of the bonds and any interest coupons appertaining thereto that the authority shall be required to pay no taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any of the property acquired or leased or sold by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the equipment acquired by it or upon any fees, rentals, charges, or purchase price, received in installments or otherwise, pertaining to such equipment or upon other income received by the authority; that the bonds of the authority, their transfer, and the interest and income therefrom shall at all times be exempt from taxation within this state; and that the recording of any indenture or security agreement by the authority shall be exempt from recording taxes and fees and from intangibles tax. The tax exemption provided in this Code section shall not include any exemption from sales or use tax on property purchased by the authority or for use by the authority, except that the authority shall be entitled to such exemption on property as is available to the participating county government pursuant to Article 1 of Chapter 8 of Title 48.
36-93-41. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of any of its officers shall not be diminished or impaired in any manner that will affect adversely the interest and right of the holders of such bonds. This article shall be for the benefit of the holders of any such bonds and, upon the issuance of the bonds as provided in this article, such provisions shall constitute a contract with the holders of such bonds. The provisions of any bond resolution, indenture, or trust agreement shall be a contract with every holder of such bonds, and

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the duties of the authority under any such bond resolution, indenture, or trust agreement shall be enforceable by any bondholder by mandamus or other appropriate action or proceeding at law or in equity.
36-93-42. All moneys received by the authority pursuant to this article, whether as grants or other contributions or as revenues, rents, installment purchase payments, and earnings, shall be held in trust and applied solely as provided for in this article.
36-93-43. The authority may hold title to any equipment financed by it but shall not be required to do so.
36-93-44. The authority's legal situs or residence for the purpose of this article shall be Fulton County. Any action to protect or enforce any rights under this article, including the validation of revenue bonds issued by the authority as permitted in this article, shall be brought in the Superior Court of Fulton County, and such court shall have exclusive original jurisdiction of all such actions.
36-93-45. Nothing in this article may be construed as a restriction or limitation upon any powers that the authority might otherwise have under any other law of this state, and this article is cumulative to such powers. This article shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized and shall be construed as supplemental to powers conferred by any other laws. The adoption by the authority of bylaws and rules and the issuance of bonds by the authority under this article need not comply with the requirements of any other state laws applicable to the adoption of bylaws and rules and the issuance of bonds, notes, and other obligations. No proceedings, notice, or approval is required for the issuance of any bonds or any instrument or the security therefor or for the proper conduct of the authority's business, affairs, or operations, except as provided in this article.
36-93-46. This article, being for the welfare of this state and its inhabitants, shall be liberally construed to effect its purposes."
SECTION 2. Said title is further amended in paragraph (6) of Code Section 36-82-250, relating to definitions regarding qualified interest rate management agreements, as follows:
"(6) 'Local governmental entity' means: (A) Any any governmental body as defined in paragraph (2) of Code Section 3682-61, as amended; provided, however, that such term shall only include authorities

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which are local public authorities included in the definition thereof set forth in subparagraphs (C) and (D) of paragraph (2) of Code Section 36-82-61, as amended; (B) The Local Government Equipment Financing Authority created by Article 1 of Chapter 93 of this title; and (C) The County Government Equipment Financing Authority created by Article 2 of Chapter 93 of this title."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Lunsford of the 110th moved that the House agree to the Senate substitute to HB 553.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Y Cole

Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James 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 Lindsey Y Long Y Loudermilk

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E

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Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 161, nays 9.

Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 308. By Representatives Ralston of the 7th, Willard of the 49th, Oliver of the 83rd and Dobbs of the 53rd:

A BILL to be entitled an Act to amend Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, so as to amend the "Georgia Limited Liability Company Act"; to provide certain technical corrections to previously enacted legislation; to clarify certain provisions in the existing statute; to make certain provisions consistent with parallel provisions in the Georgia Business Corporations Code; to clarify the provisions governing the operating agreement of a limited liability company and its binding effect; to provide for automatic resignation of a registered agent following the dissolution of a limited liability company; to provide that statutory liability for wrongful distributions is based solely on violations of the statutory limitations on distributions; 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 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, so as to amend the "Georgia Limited Liability Company Act"; to provide certain technical corrections to previously enacted legislation; to clarify certain provisions in the existing statute; to make certain provisions consistent with parallel provisions in the Georgia Business Corporations Code; to clarify the provisions governing the operating agreement of a limited liability company and its binding effect; to provide for automatic resignation of a registered agent following the dissolution of a limited liability company; to provide that statutory liability for wrongful distributions is based solely on violations of the statutory limitations on distributions; to reduce the risk of an unintended dissolution of the limited liability company; to limit the rights of judgment creditors of a member to interfere with management or force the dissolution of

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a limited liability company; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, is amended in Code Section 14-11-101, relating to definitions relative to limited liability companies, by revising paragraphs (12) and (18) as follows:
"(12) 'Limited liability company' means a limited liability company formed under this chapter by one or more members." "(18) 'Operating agreement' means any agreement, written or oral, of the member or members as to the conduct of the business and affairs of a limited liability company that is binding upon all of the members. A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provisions of the articles of organization (A) if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) executes the operating agreement or any other writing evidencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment. In the case of a limited liability company with only one member, a writing signed by that member stating that it is intended to be a written operating agreement shall constitute a written operating agreement and shall not be unenforceable by reason of there being only one person who is a party to the operating agreement. A limited liability company is not required to execute its operating agreement and, except as otherwise provided in the operating agreement, is bound by its operating agreement whether or not the limited liability company executes the operating agreement. An operating agreement may provide enforceable rights to any person, including a person who is not a party to the operating agreement, to the extent set forth therein."
SECTION 2. Said chapter is further amended in Code Section 14-11-203, relating to formation of limited liability companies, by adding a new subsection to read as follows:
"(e) During any period when a limited liability company has any members it may have one or more members."

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SECTION 3. Said chapter is further amended in Code Section 14-11-212, relating to conversion to a limited liability company, by revising subsection (a), paragraph (6) of subsection (b), and paragraph (2) of subsection (c), as follows:
"(a) A corporation, foreign corporation, foreign limited liability company, limited partnership, foreign limited partnership, general partnership, or foreign general partnership may elect to become a limited liability company. Such election shall require (1) compliance with Code Section 14-2-1109.1 in the case of a Georgia corporation, or (2) the approval of all of its partners, members or shareholders (or such other approval or compliance as may be sufficient under applicable law or the governing documents of the electing entity to authorize such election) in the case of a foreign corporation, foreign limited liability company, limited partnership, foreign limited partnership, general partnership, or foreign general partnership."
"(6) A statement setting forth either (A) the manner and basis for converting the ownership interests in the entity making the election into interests as members of the limited liability company formed pursuant to such election or canceling them, or (B)(i) that a written operating agreement has been entered into among the persons who will be the members of the limited liability company formed pursuant to such election, (ii) that such operating agreement will be effective immediately upon the effectiveness of such election, and (iii) that such operating agreement provides for the manner and basis of such conversion or cancellation." "(2) The ownership interests in the entity making the election shall be converted or canceled on the basis stated or referred to in the certificate of conversion in accordance with paragraph (6) of subsection (b) of this Code section;"
SECTION 4. Said chapter is further amended in Code Section 14-11-303, relating to liability to third parties, by revising subsection (a) as follows:
"(a) A person who is a member, manager, agent, or employee of a limited liability company is not liable, solely by reason of being a member, manager, agent, or employee of the limited liability company, under a judgment, decree, or order of a court, or in any other manner, for a debt, obligation, or liability of the limited liability company, including liabilities and obligations of the limited liability company to any member or assignee, whether arising in contract, tort, or otherwise, or for the acts or omissions of any other member, manager, agent, or employee of the limited liability company, whether arising in contract, tort, or otherwise. Notwithstanding the provisions of this subsection, a member, manager, or employee may be personally liable for tax liabilities arising from the operation of the limited liability company as provided in Code Section 48-2-52."
SECTION 5. Said chapter is further amended in Code Section 14-11-311, relating to notice, by revising paragraph (2) as follows:

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"(2) Notice may be communicated in person; by telephone, telegraph, teletype, electronic transmission, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published or by radio, television, or other form of public broadcast communication;"
SECTION 6. Said chapter is further amended in Code Section 14-11-408, relating to liability upon wrongful distribution, by revising subsection (a) and paragraph (2) of subsection (b) as follows:
"(a) A member or manager who votes for or expressly consents to a distribution that is made in violation of the articles of organization, a written operating agreement, or Code Section 14-11-407 is personally liable to the limited liability company for the amount of the distribution that exceeds what could have been distributed without violating the articles of organization, written operating agreement, or Code Section 14-11-407, if it is established that such member or manager did not act in compliance with Code Section 14-11-407 and violated a duty owed under Code Section 14-11-305 (without regard to any limitation on such duty permitted by paragraph (4) of Code Section 14-11-305)."
"(2) From each member for the amount the member received knowing that the distribution was made in violation of the articles of organization, written operating agreement, or Code Section 14-11-407."
SECTION 7. Said chapter is further amended in Code Section 14-11-504, relating to rights of a judgment creditor, by revising subsection (b) as follows:
"(b) The remedy conferred by this Code section shall not be deemed exclusive of others which may exist, including, without limitation, the right of a judgment creditor to reach the limited liability company interest of the member by process of garnishment served on the limited liability company, provided that, except as otherwise provided in the articles of organization or a written operating agreement, a judgment creditor shall have no right under this chapter or any other state law to interfere with the management or force dissolution of a limited liability company or to seek an order of the court requiring a foreclosure sale of the limited liability company interest."
SECTION 8. Said chapter is further amended in Code Section 14-11-505, relating to admission of members, by revising said Code section as follows:
"14-11-505. (a) In connection with the formation of a limited liability company, a person acquiring a limited liability company interest is admitted as a member of the limited liability company upon the later to occur of:
(1) The formation of the limited liability company; or

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(2) The time provided in and upon compliance with the articles of organization or a written operating agreement or, if the articles of organization and any written operating agreement do not so provide, when the person's admission is reflected in the records of the limited liability company. (b) After the formation of a limited liability company, a person acquiring a limited liability company interest directly from the limited liability company is admitted as a member of the limited liability company at the time provided in and upon compliance with the articles of organization and any written operating agreement or, if the articles of organization or a written operating agreement does not so provide, upon the consent of all members and when the person's admission is reflected in the records of the limited liability company. (c) An assignee of a limited liability company interest is admitted as a member of the limited liability company upon compliance with paragraph (1) of Code Section 14-11503 and at the time provided in and upon compliance with the articles of organization and any written operating agreement or, if the articles of organization or a written operating agreement does not so provide, when any such person's permitted admission is reflected in the records of the limited liability company; provided, however, that an assignee shall not be admitted as a member of the limited liability company until such assignee has consented to such admission. (d) A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provisions of the articles of organization (A) if such person (or a representative authorized by such person) executes the operating agreement or any other writing evidencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment. (e) A person may be admitted to a limited liability company as a member of the limited liability company and may receive a limited liability company interest in the limited liability company without making a contribution or being obligated to make a contribution to the limited liability company. Unless otherwise provided in a written operating agreement, a person may be admitted to a limited liability company as a member of the limited liability company without acquiring a limited liability company interest in the limited liability company. Unless otherwise provided in a written operating agreement, a person may be admitted as the sole member of a limited liability company without making a contribution or being obligated to make a contribution to the limited liability company or without acquiring a limited liability company interest in the limited liability company. (f) In the case of a person being admitted as a member of a surviving limited liability company pursuant to a merger in accordance with Article 9 of this chapter, a person is

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admitted as a member of the limited liability company as provided in the operating agreement of the surviving limited liability company or in the agreement of merger, and in the event of any inconsistency, the terms of the agreement of merger shall control. In connection with the conversion into a limited liability company in accordance with Code Section 14-11-212, a person is admitted as a member of the limited liability company as provided in the limited liability company agreement."
SECTION 9. Said chapter is further amended in Code Section 14-11-506, relating to powers of the estate of a deceased or incompetent member, by revising said Code section as follows:
"14-11-506. Except as otherwise provided in the articles of organization or a written operating agreement, if a member who is an individual dies or a court of competent jurisdiction adjudges him or her to be incompetent to manage his or her person or his or her property, the member's executor, administrator, guardian, conservator, or other legal representative has all of the rights of an assignee of all of the member's limited liability company interest. Except as otherwise provided in the articles of organization or a written operating agreement, if the last member of a limited liability company dies or a court of competent jurisdiction adjudges him or her to be incompetent to manage his or her person or his or her property, the member's executor, administrator, guardian, conservator, or other legal representative shall become a member of the limited liability company, unless such executor, administrator, guardian, conservator, or other legal representative elects not to become a member by written notice given to the limited liability company within 90 days of such death or adjudication (or within such other period as is provided for in a written operating agreement)."
SECTION 10. Said chapter is further amended in Code Section 14-11-602, relating to dissolution, by revising said Code section as follows:
"14-11-602. (a) Effective for limited liability companies formed prior to July 1, 1999, a limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following:
(1) At the time specified in the articles of organization or a written operating agreement; (2) Upon the happening of events specified in the articles of organization or a written operating agreement; (3) Subject to contrary provision in the articles of organization or a written operating agreement, at At a time approved by all the members; (4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after any event of dissociation with respect to any member (other than an event specified in paragraph (1) of subsection (b) of Code Section 14-11-601), unless within such 90 day period the limited liability company is continued by the

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written consent of all other members or as otherwise provided in the articles of organization or a written operating agreement; or (5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 1411-603. (b) Effective for limited liability companies formed on or after July 1, 1999, a limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following: (1) At the time specified in the articles of organization or a written operating agreement; (2) Upon the happening of events specified in the articles of organization or a written operating agreement; (3) Subject to contrary provision in the articles of organization or a written operating agreement, at At a time approved by all the members; (4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after an event of dissociation with respect to the last remaining member, unless otherwise provided in the articles of organization or a written operating agreement; or (5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 1411-603. (c) Notwithstanding paragraphs (1), (2), (3), and (4) of subsections (a) and (b) of this Code section, the limited liability company shall not be dissolved and its affairs shall not be wound up if, prior to the filing of a certificate of termination in the office of the Secretary of State, either: (1) The limited liability company's articles of organization or operating agreement, or both, are amended such that, after giving effect to such amendment, such event does not result in dissolution of the limited liability company pursuant to subsection (a) or (b) of this Code section; or (2) If the limited liability company then has at least one member, a decision to continue the limited liability is taken by all of the members of the limited liability company (and all other persons, if any, with power to require dissolution of the limited liability company under its articles of organization or written operating agreement). Any amendment or other action contemplated by paragraph (1) or (2) of this subsection shall, to the extent necessary to achieve the purposes of this subsection, be effective as of and from and after the applicable event described in subsection (a) or (b) of this Code section."
SECTION 11. Said chapter is further amended in Code Section 14-11-610, relating to certificate of termination, by revising said Code section as follows:
"14-11-610.

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A dissolved limited liability company shall may deliver to the Secretary of State for filing a certificate of termination when the statements required to be included therein can be truthfully made. Such a certificate of termination shall set forth:
(1) The name of the limited liability company; (2) That all known debts, liabilities, and obligations of the limited liability company have been paid, discharged, or barred or that adequate provision has been made therefor; and (3) That there are no actions pending against the limited liability company in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree that may be entered against it in any pending action."

SECTION 12. Said chapter is further amended in Code Section 14-11-901, relating to mergers, by revising subsection (a) as follows:
"(a) Pursuant to a written agreement, which, unless otherwise provided therein, will constitute the plan of merger required by Code Section 14-11-902 if it contains the provisions required by that Code section, a limited liability company may merge with or into one or more business entities with such limited liability company or other business entity as the agreement shall provide being the surviving limited liability company or other business entity."

SECTION 13. Said chapter is further amended in Code Section 14-11-905, relating to effects of merger, by revising paragraphs (7) and (8) of subsection (a) as follows:
"(7) The articles of organization of the surviving limited liability company shall be amended to the extent provided in the plan articles of merger; and (8) The interests or shares in each merging constituent business entity that are to be converted into interests of the surviving limited liability company, or into cash or other property under the terms of the plan of merger, or cancelled, are so converted or cancelled, and the former holders thereof are entitled only to the rights provided in the plan of merger or their rights otherwise provided by law."

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

Representative Ralston of the 7th moved that the House agree to the Senate substitute to HB 308.

On the motion, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson

Crawford E Davis, H Y Davis, S Y Dawkins-Haigler

E Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin Y Martin Y Maxwell

Y Rynders Y Scott, A Y Scott, M Y Sellier

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Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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
Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 161, nays 0.

May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Setzler Shaw
Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L
Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:

A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend

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Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other 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 enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax for certain corporations; to provide for credits against state income tax for employers employing certain previously unemployed persons; to eliminate the requirement for dealers to make returns and remittances with respect to estimated sales and use tax liability; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Jobs, Opportunity, and Business Success Act of 2009."

SECTION 2. 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 fees for filings related to business corporations, as follows:
"14-2-122. (a) 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

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(3) Annual registration ..................................................................................... 30.00
(4) Penalty for late filing of annual registration............................................... 25.00
(5) Agent's statement of resignation ................................................................ No fee
(6) Certificate of judicial dissolution ............................................................... No fee
(7) Articles of dissolution or intent to dissolve................................................ No fee
(8) Application of withdrawal.......................................................................... No fee
(9) Application for reservation of a corporate name........................................ 25.00
(10) Civil penalty for a foreign corporation transacting business in this state without a certificate of authority....................................................................... 500.00
(11) Statement of change of address of registered agent...$5.00 per corporation but not less than ............................................................................. 20.00
(12) Application for reinstatement................................................................... 100.00
(13) Certificate of conversion .......................................................................... 95.00
(14) Any other document required or permitted to be filed by this chapter .... 20.00 (b) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (2) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings."

SECTION 3. Said Title 14 is further amended by revising Code Section 14-9-1101, relating to fees for filings related to limited partnerships, as follows:
"14-9-1101. (a) The Secretary of State shall charge and collect for filing:

Document

Fee

(1) A certificate of limited partnership ............................................................ $ 100.00

(2) A registration of a foreign limited partnership........................................... 225.00

(3) An annual registration ................................................................................ 30.00

(4) Penalty for late filing of annual registration............................................... 25.00

(5) Agent's statement of resignation ................................................................ No fee

(6) Certificate of cancellation .......................................................................... No fee

(7) Application of withdrawal.......................................................................... No fee

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(8) Statement of change of address of registered agent or registered office $5.00 per limited partnership but not less than ................................................. 20.00
(9) An amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership ........................................................... 100.00
(10) Certificate of election to become a limited partnership ........................... 80.00
(11) Certificate of conversion .......................................................................... 95.00
(12) Application for reservation of a name...................................................... 25.00
(13) Any other document required or permitted pursuant to this chapter ....... 20.00 (b) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (2) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings."

SECTION 4. Said Title 14 is further amended by revising Code Section 14-11-1101, relating to fees for filings related to limited liability companies, as follows:
"14-11-1101. (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........................................ No Fee

(7) Certificate of termination ..................................................................... No Fee

(8) Application of withdrawal....................................................................

No fee

(9) Articles of correction............................................................................

20.00

(10) Application for reservation of a name................................................

25.00

(11) Statement of change of registered office or registered agent $5.00

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per limited liability company (foreign or domestic), but not less than.......

20.00

(12) Registered agent's statement of resignation pursuant to subsection (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11703...............................................................................................................

No fee

(13) Certificate of judicial dissolution .......................................................

No fee

(14) Annual registration (foreign or domestic)..........................................

30.00

(15) Penalty for late filing of annual registration ......................................

25.00

(16) Reinstatement fee ...............................................................................

100.00

(17) Any other document required or permitted to be filed by this chapter ..................................................................................................

20.00

(18) Certificate of conversion ....................................................................

95.00

(b) The Secretary of State shall collect the penalty provided for in paragraph (2) of subsection (c) of Code Section 14-11-711. (c) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (5) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings."

SECTION 5. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-8-156, relating to the State-wide Reserve ratio and reduction in tax rate, by adding a new subsection as follows:
"(g) For calendar quarters beginning on or after July 1, 2009, there shall be a credit to be known as the Georgia Works Tax Credit. The amount of the credit shall be not less than $25.00 and not more than $125.00 per individual employee per calendar quarter, as further described in this subsection. The determination of the amount of the credit, within the permissible range, shall be made and periodically revised by the Commissioner based on the Commissioner's evaluation of conditions in the Georgia labor market, the state of the economy, and the State-wide Reserve Ratio. The credit may be claimed by an employer for up to four calendar quarters with respect to an individual hired by that employer for services to be performed in this state under the following conditions:
(1) Such individual: (A) Has filed a claim for unemployment compensation in this state and is currently receiving weekly unemployment compensation benefits on that claim under the provisions of Article 7 of this chapter and such benefits are chargeable to the experience rating account of an employer under Code Section 34-8-157; (B) Has been profiled by the department as likely to exhaust benefits; (C) Has no return to work date or promise of future employment; and

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(D) Has at least eight weeks of benefit eligibility remaining on his or her current claim at the time the employer hires the individual; (2) The credit for each such hired individual per calendar quarter may be claimed on the reports required to be filed under Code Section 34-8-165 as a reduction from amounts otherwise due with respect to each of the four calendar quarters immediately following the hire date of the individual; provided, however, that the credit may not be claimed for any hired individual with respect to more than one hiring by the employer claiming the credit or for more than four calendar quarters with respect to that one hiring; (3) For each calendar quarter for which the credit is claimed, such individual shall be continuously employed by the employer claiming the credit, and such individual's employment with that employer shall consist of at least 30 hours per week during each week of that calendar quarter; (4) The credit shall be timely claimed for the calendar quarter to which the credit is applicable, and in no event later than the last day of the reporting month following the end of the calendar quarter to which the credit is applicable. The credit shall not be refundable. The credit cannot reduce tax liability below zero; provided, however, that the credit, if properly and timely claimed, may be carried forward and applied against contributions due in any subsequent calendar quarter in the same calendar year as claimed. Any unused credit remaining at the end of a calendar year may not be carried forward to another calendar year and shall be deemed to have expired; and (5) No credit shall be claimed or taken by any employer who fails to timely file any report or to timely pay all amounts otherwise due for all calendar quarters during the calendar year for which the credit is claimed. In the event an employer has claimed a credit under this Code section and fails to timely file any report or to timely pay all amounts otherwise due during the year the credit is claimed, the amount of any credits claimed with respect to the calendar year shall be canceled and become delinquent as of the date originally due under Code Section 34-8-165 and subject to all the provisions of this article as if no credit had ever been available or claimed."
SECTION 6. Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," is amended in Code Section 48-7-21, relating to taxation of corporations, by revising subsection (a) and adding a new subsection as follows:
"(a) Except as otherwise provided in subsection (a.1) of this Code section, every Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 6 percent of its Georgia taxable net income. Georgia taxable net income of a corporation shall be the corporation's taxable income from property owned or from business done in this state. A corporation's taxable income from property owned or from business done in this state shall consist of the corporation's taxable income as defined in the Internal Revenue Code of 1986, with the adjustments provided for in subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31.

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(a.1)(1)(A) For taxable years prior to January 1, 2012, every Georgia domiciled corporation shall pay annually an income tax equivalent to 6 percent of its Georgia taxable net income. (B) For taxable years beginning on or after January 1, 2012, and prior to January 1, 2013, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 5.5 percent of its Georgia taxable net income. (C) For taxable years beginning on or after January 1, 2013, and prior to January 1, 2014, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 5.0 percent of its Georgia taxable net income. (D) For taxable years beginning on or after January 1, 2014, and prior to January 1, 2015, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 4.5 percent of its Georgia taxable net income. (E) For taxable years beginning on or after January 1, 2015, and prior to January 1, 2016, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 4.0 percent of its Georgia taxable net income. (F) For taxable years beginning on or after January 1, 2016, and prior to January 1, 2017, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 3.5 percent of its Georgia taxable net income. (G) For taxable years beginning on or after January 1, 2017, and prior to January 1, 2018, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 3.0 percent of its Georgia taxable net income. (H) For taxable years beginning on or after January 1, 2018, and prior to January 1, 2019, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 2.5 percent of its Georgia taxable net income. (I) For taxable years beginning on or after January 1, 2019, and prior to January 1, 2020, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 2.0 percent of its Georgia taxable net income. (J) For taxable years beginning on or after January 1, 2020, and prior to January 1, 2021, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 1.5 percent of its Georgia taxable net income. (K) For taxable years beginning on or after January 1, 2021, and prior to January 1, 2022, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 1 percent of its Georgia taxable net income. (L) For taxable years beginning on or after January 1, 2022, and prior to January 1, 2023, every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 0.5 percent of its Georgia taxable net income. (M) For any taxable year beginning on or after January 1, 2023, there shall not be a corporate income tax and no corporate returns are required. (2) The reduction schedule specified in paragraph (1) of this subsection shall be subject to the limitations in this paragraph. The reduction otherwise specified to occur in a taxable year shall be granted for that tax year only if the amount of funds in the Revenue Shortfall Reserve for the current fiscal year is in excess of 5 percent of the net revenue of the preceding fiscal year. In the event that insufficient funds are in

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the Revenue Shortfall Reserve, then the reduction otherwise specified to occur in the taxable year shall be postponed until the following taxable year and the schedule of gradual reductions specified in paragraph (1) of this subsection shall be extended accordingly. (3) Georgia taxable net income of a Georgia domiciled corporation shall be that corporation's taxable income from property owned or from business done in this state. A Georgia domiciled corporation's taxable income from property owned or from business done in this state shall consist of that corporation's taxable income as defined in the Internal Revenue Code of 1986, with the adjustments provided for in subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31."
SECTION 7. Said Title 48 is further amended by adding a new Code section as follows:
"48-7-29.17. (a) As used in this Code section, the term 'creditable employee' means an employee of an employer who:
(1) Is first employed by the employer on or after the effective date of this Code section and prior to July 1, 2010; (2) Was unemployed immediately prior to becoming so employed; (3) Remains so employed by the employer for at least 24 consecutive months; (4) Executes and provides a notarized affidavit swearing or affirming that such employee is eligible to work in the United States because such person is either a United States citizen or a lawfully present alien according to federal law; and (5) During the entire period of such employment receives monthly compensation in an amount at least equal to the average monthly employment compensation benefit paid to persons receiving employment compensation benefits in this state. (b) An employer who has one or more creditable employees and who provides a notarized affidavit attesting to use of the federal employment verification system now known as 'E-Verify' or any future federal employment verification system shall be eligible to apply for and receive a credit against taxes imposed under this chapter. The amount of the credit shall be $2,400.00 for each creditable employee. Eligibility for the credit shall be established as of the time the creditable employee completes 24 consecutive months of employment; and the credit shall be claimed for the taxable year in which the twenty-fourth month of such employment is completed. (c) 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. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's succeeding two years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (d) The credit shall be claimed and granted in such manner as shall be specified by rules adopted by the commissioner; and such rules shall specifically provide for the manner of establishing the qualifying status of unemployment of the employee prior to

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employment. The average monthly employment security benefit shall be computed on a monthly basis by the Commissioner of Labor. (e) For the purpose of determining whether an employee is employed by the employer under subsection (a) of this Code section, employment may include up to 13 weeks continuous prior service for the employer as a temporary employee of a staffing firm. As used in this Code section, staffing firm means an organization that hires its own employees and assigns them to a client to support or supplement the client's work force in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects."
SECTION 8. Said Title 48 is further amended in Code Section 48-8-49, relating to dealers' sales and use tax returns, by revising subsection (b) as follows:
"(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on the dealer's average monthly payments for the last fiscal year. (2) If the estimated tax liability of a dealer for any taxable period exceeds $5,000.00, the A dealer shall not be required to file a return and remit to the commissioner not less than 50 percent of the any estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $5,000.00 per month for three consecutive months or more nor shall this subsection apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability. (3) Any dealer who has filed a return and remitted any estimated tax liability to the commissioner which amount has not been credited against the amount to be due on the return required under subsection (a) of this Code section on or before the effective date of this paragraph shall be issued a refund check by the commissioner for such amount. Prior to or in conjunction with the mailing of such refund check, the commissioner shall mail the dealer the following notice:
'Dear Georgia business owner, This is a refund of your sales tax deposit, which is returned to you in compliance with the Jobs, Opportunity, and Business Success Act of 2009 (J.O.B.S). The state will no longer require you to pay sales tax before it is collected.
The Georgia State House and State Senate passed and the Governor signed the J.O.B.S. Act (O.C.G.A. 48-8-49) believing that entrepreneurs and business owners, not government, are best equipped to create jobs and sustainable economic growth for Georgia.

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We appreciate your efforts to create true economic stimulus for our great state.
Thank you!
Georgia General Assembly'"
SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
Pursuant to Rule 33.2, the House has disagreed to the Senate substitute to HB 481.
The following messages were 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 271. By Senators Mullis of the 53rd and Thomas of the 54th:
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.
SB 280. By Senator Brown of the 26th:
A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to change the procedure for choosing members of such authority; to provide for terms for such members; to provide for certain billing cycles; to eliminate certain excises; to provide for the elimination of certain compensation plans; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 386. By Representative Williams of the 178th:
A BILL to be entitled an Act to create a board of elections and registration for Pierce 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 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 541. By Representative Jackson of the 142nd:
A BILL to be entitled an Act to provide a new charter for the City of Tennille; 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 other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
HB 591. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, so as to revise the provisions for the filling of vacancies in the office of mayor or commission member; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 593. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to create and incorporate the City of Denton in the County of Jeff Davis and grant a charter to that municipality under that name and style, approved February 28, 1966 (Ga. L. 1966, p. 2352), so as to revise the manner of filling vacancies; to provide for submission 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.

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HB 711. By Representative Morris of the 155th:
A BILL to be entitled an Act to create a board of elections and registration for Toombs County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to provide for procedures; to provide for appointment of a chief election official; to provide for meetings; to provide for employment of full-time and part-time employees; to provide for compensation of board members and employees of the board; to provide for expenditure of public funds for certain purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 723. By Representatives Anderson of the 117th, Harbin of the 118th and Sims of the 119th:
A BILL to be entitled an Act to amend an Act to create a board of elections for Columbia County and provide for its powers and duties, approved March 23, 1993 (Ga. L. 1993, p. 4180), as amended, so as to revise certain term limitations on members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 726. By Representatives Parrish of the 156th, Jackson of the 142nd and Porter of the 143rd:
A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), so as to again reapportion or redistrict such districts; 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.
HB 734. 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 citizens of the City of Waycross shall have the right to address or speak to the city commissioners on official actions or other topics relating to the business of the city commission at meetings of the city commission by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the city

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commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 735. By Representative Hatfield of the 177th:
A BILL to be entitled an Act to amend an Act creating a board of commissioners of Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended, so as to provide that citizens of Ware County shall have the right to address or speak to the commissioners on official actions or other topics relating to the business of the board of commissioners at meetings of the board of commissioners by expressing their desire to speak no later than the beginning of the meeting at which such citizens desire to address or speak to the commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 741. By Representative Jackson of the 142nd:
A BILL to be entitled an Act to create the Washington 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 of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for venue and jurisdiction; to provide for trust funds; to provide for the authority's purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions and exemptions from levy and sale; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 745. By Representative Porter of the 143rd:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Dublin, Georgia, in the County of Laurens, approved April 11, 1979 (Ga. L. 1979, p. 3568), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4409), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes.
HB 751. By Representative Pruett of the 144th:
A BILL to be entitled an Act to amend an Act providing for the continued existence of the Wilcox County School District and the Wilcox County Board of Education, approved March 30, 1989 (Ga. L. 1989, p. 4452), as amended,

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particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5789), so as to provide for staggered terms for members of the board of education; to provide for continuation in office of certain members; to provide for election and terms of office for subsequent members; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 755. By Representative Roberts of the 154th:
A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of Telfair County, approved June 3, 2003 (Ga. L. 2003, p. 3992), so as to provide for commissioner districts; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for the election of the chairperson from the county at large; 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 provide an effective date; to repeal conflicting laws; and for other purposes.
HB 756. By Representatives Shaw of the 176th and Carter of the 175th:
A BILL to be entitled an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County; to provide for a Board of Commissioners of Lowndes County; to provide for the powers and composition of the board of commissioners; to provide for election districts, qualifications, terms of office, and filling of vacancies of commissioners; to provide for submission pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for a referendum, severability, contingent effective dates, and automatic repeal; to provide for the repeal of existing enabling legislation; to repeal conflicting laws; and for other purposes.
HB 763. By Representative Smith of the 168th:
A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved April 21, 1997 (Ga. L. 1997, p. 4454), so as to give to the chairperson of the board of commissioners a vote only in the event of a tie vote; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 769. 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), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3959), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes.
HB 776. By Representative Parham of the 141st:
A BILL to be entitled an Act to authorize the governing authority of the City of Milledgeville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 46. By Representatives Roberts of the 154th, Golick of the 34th, Pruett of the 144th, Cole of the 125th, O`Neal of the 146th and others:
A BILL to be entitled an Act to amend Title 48 of the OC.G.A., relating to revenue and taxation, so as to provide for an exemption for a limited period of time with respect to state sales and use taxes applicable to sales of dyed fuel oils, as defined in paragraph (5.1) of Code Section 48-9-2, which are used exclusively for agricultural purposes, timber growing or harvesting purposes, or mining or construction purposes and used directly by such industry sectors for such purposes and not for highway use as defined in paragraph (8) of Code

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Section 48-9-2; to provide for legislative findings; 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 ratify an executive order of the Governor suspending the collection of such taxes; to repeal conflicting laws; and for other purposes.

The Senate has passed by the requisite constitutional majority the following bill of the House:

HB 49. By Representatives Channell of the 116th, Parrish of the 156th, Stephens of the 164th and Cooper of the 41st:

A BILL to be entitled an Act to amend Chapter 10 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce, so as to revise certain provisions relating to the powers, duties, and responsibilities of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 211. By Senators Johnson of the 1st, Pearson of the 51st, Harbison of the 15th and Crosby of the 13th:

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 the general authority, duties, and procedure for state purchasing, so as to exempt certain purchases from having to go through the Department of Administrative Services; 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 N Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker
Barnard

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler
Day Y Dempsey Y Dickson Y Dobbs Y Dollar

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard

N Manning Y Marin N Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows

Y Rynders Y Scott, A Y Scott, M N Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B

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Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman E Collins, D Y Collins, T Y Cooper N Cox

Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C
Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner N Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown
Knight Y Knox
Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal
Nix Y Oliver N O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese N Rice Y Roberts N Rogers

On the passage of the Bill, the ayes were 144, nays 17.

Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Bill, having received the requisite constitutional majority, was passed.

Representative Cheokas of the 134th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representatives Epps of the 140th and Fludd of the 66th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR MONDAY, MARCH 30, 2009

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 38th Legislative Day as enumerated below:

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DEBATE CALENDAR

Open Rule

None

Modified Open Rule

SB 30 SB 38 SB 63 SB 65 SB 152 SB 244 SR 257

Gasoline; suppliers of automotive gasoline; fuel alcohol; define certain terms; change certain provisions (Substitute)(EU&T-May-111th) Tolleson20th Health; authorize Board for the Distribution of Cadavers to provide use of dead bodies in training/handling of police canine (Substitute)(PS&HSSmith-131st) Harp-29th Insurance; multiple employer self-insured health plan; independent nonpropriety institutions of higher education; not subject to requirements (Ins-Harden-28th) Hudgens-47th Probation Detention Center; sentencing and confinement of certain defendants; permit credit for time (Substitute)(SI&P-Jerguson-22nd) Grant25th Agriculture; provide for an Agricultural Commodity Commission for Ornamental Plants; balloting (Substitute)(A&CA-England-108th) Bulloch11th Ga. Registered Professional Nurse Practice Act; performance of health maintenance act. by a designated caregiver shall not be prohibited (Substitute)(H&HS-Cooper-41st) Unterman-45th Alzheimer's Disease and Other Dementias Task Force; create (H&HSCooper-41st) Thomas-54th

Modified Structured Rule

SB 20 SB 67 SB 151 SB 159

Local Government; prohibit sanctuary policies; provide penalties (Substitute)(GAff-Mills-25th) Pearson-51st Drivers' Licenses; examinations shall be administered only in English language; provide for an exception (Substitute)(MotV-Mills-25th) Murphy27th Penal Institutions; provide courts/State Board of Pardons and Paroles greater input from crime victims, their families, interested witnesses (Substitute)(JudyNC-Golick-34th) Wiles-37th Hemophilia Advisory Board Act; create; provide for duties, reporting, membership, selection of officers (H&HS-Rynders-152nd) Grant-25th

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Structured Rule

SB 68

Alcoholic Beverages; counties/municipalities; prohibition against sale within 100 yards of housing authority property; provide an exception (Substitute)(RegI-Jerguson-22nd) Murphy-27th

Bills and Resolutions on this calendar may be called in any order the Speaker desires.

Respectfully submitted, /s/ Ehrhart of the 36th
Chairman

Under the general order of business, established by the Committee on Rules, the following Resolutions of the House and Senate were taken up for consideration and read the third time:

SR 257. By Senators Thomas of the 54th, Orrock of the 36th, Johnson of the 1st, Unterman of the 45th, Weber of the 40th and others:

A RESOLUTION creating the Alzheimer's Disease and Other Dementias Task Force; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix

Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M

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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 E Collins, D Y Collins, T Y Cooper Y Cox

Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Oliver O'Neal
Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts
Rogers

On the adoption of the Resolution, the ayes were 156, nays 2.

Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson
Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Resolution, having received the requisite constitutional majority, was adopted.

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.

HR 282. By Representatives Cooper of the 41st, Wilkinson of the 52nd and Henson of the 87th:

A RESOLUTION supporting the goals and ideals of a National Epidermolysis Bullosa Awareness Week to raise public awareness and understanding of epidermolysis bullosa, recognizing the need for a cure for the disease, and encouraging the people of this state and interested groups to support the week; 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 Allison Y Amerson Y Anderson Y Ashe
Austin

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson

E Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon

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Y Baker Barnard
Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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
Coleman E Collins, D Y Collins, T Y Cooper Y Cox

Y Dobbs Y Dollar Y Dooley
Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the adoption of the Resolution, the ayes were 161, nays 1.

Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Resolution, having received the requisite constitutional majority, was adopted.

The following messages were 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 74. 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

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federal law into Georgia law; to provide for an effective date; to provide applicability; to repeal conflicting laws; and for other purposes.
HB 121. By Representatives Cole of the 125th, O`Neal of the 146th, Roberts of the 154th, Pruett of the 144th, McCall of the 30th 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 an exemption for a limited time with respect to the collection of any rate of prepaid state taxes as defined in paragraph (5.1) of Code Section 48-8-2 to the extent it differs from the rate levied as of January 1, 2008, pursuant to Code Section 48-9-14 as it applies to sales of motor fuel and aviation gasoline as those terms are defined in Code Section 48-9-2; to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 129. By Representatives Lindsey of the 54th, Kaiser of the 59th, Ashe of the 56th and Rynders of the 152nd:
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 to, or used in the renovation or expansion of, a zoological institution; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 127. By Representatives Lindsey of the 54th and Willard of the 49th:
A BILL to be entitled an Act to amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to adopt the Uniform Real Property Electronic Recording Act; to provide for definitions; to provide for the validity of electronic documents; to provide for the recording of certain documents; to provide for the adoption of rules, regulations, and standardized forms; to provide for uniformity of application and construction; to provide for the relation of this Act to the federal Electronic Signatures in Global and National Commerce Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 57. By Representatives Powell of the 29th and Rice of the 51st:

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 define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the House:

HB 145. By Representative Lindsey of the 54th:

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 a definition; to correct cross-references and clarify certain provisions of the Code section; to revise and clarify provisions relating to the low income deviation; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 167. By Representatives Jerguson of the 22nd, Hill of the 21st, Byrd of the 20th and Hamilton of the 23rd:

A BILL to be entitled an Act to amend an Act to create the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), so as to provide an additional judge for such court; to provide for related matters; to repeal conflicting laws; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 30.

By Senators Tolleson of the 20th, Hooks of the 14th, Cowsert of the 46th, Harp of the 29th, Tarver of the 22nd and others:

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A BILL to be entitled an Act to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to provide that suppliers of automotive gasoline shall offer to supply gasoline distributors and gasoline dealers with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors and gasoline dealers from being blenders; to define certain terms; to change certain provisions relating to marketing agreements subject to said article; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to provide that suppliers of automotive gasoline shall offer to supply gasoline distributors with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors from being blenders; to provide exceptions; to define certain terms; to change certain provisions relating to marketing agreements subject to said article; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, is amended by revising Code Section 10-1-232, relating to definitions, as follows:
"10-1-232. As used in this article, the term:
(1) 'Automotive gasoline' or 'gasoline' means octane rated fuels made from petroleum products for use in the propulsion of motor vehicles. (2) 'Automotive gasoline dealer' or 'gasoline dealer' means any person or firm engaged primarily in the retail sale of automotive gasoline and related products and services under a marketing agreement entered into with an automotive gasoline distributor. (3) 'Automotive gasoline distributor' or 'gasoline distributor' means any person, firm, or corporation who is or firm engaged, whether as a jobber or supplier, in the sale, consignment, or distribution of gasoline to automotive gasoline dealers pursuant to marketing agreements. (3.1) 'Blended fuel' means a mixture composed of automotive gasoline and another liquid, other than a de minimus amount of a product such as carburetor detergent or oxidation inhibitor, that can be used as a fuel in a motor vehicle.

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(3.2) 'Blender' means a person or firm which produces blended fuel outside a terminal transfer system. (3.3) 'Fuel alcohol' means alcohol or fuel grade ethanol. (3.4) 'Gasohol' means a blended fuel composed of gasoline and fuel grade ethanol. (3.5) 'Jobber' means an automotive gasoline distributor which is not a supplier. (4) 'Marketing agreement' or 'agreement' means a written agreement, including a franchise, and all related written agreements between an automotive gasoline distributor and an automotive gasoline dealer under which such dealer is supplied automotive gasoline for retail sale or an agreement between an automotive gasoline distributor and an automotive gasoline dealer under which the automotive gasoline dealer is granted the right to occupy premises owned, leased, or controlled by the automotive gasoline distributor for the purpose of engaging in the retail sale of gasoline of the automotive gasoline distributor. (4.1) 'Position holder' means a person or firm which holds the inventory position in automotive gasoline in a terminal, as reflected on the records of the terminal operator. A person or firm holds the inventory position in automotive gasoline when that person or firm has a contract with the terminal operator for the use of storage facilities and terminaling services for gasoline at the terminal. The term includes a terminal operator which owns gasoline in the terminal. (4.2) 'Rack' means a mechanism for delivering automotive gasoline from a refinery, a terminal, or a bulk plant into a transport truck, a railroad tank car, or another means of transfer that is outside the terminal transfer system. (4.3) 'Refiner' means a person or firm which owns, operates, or controls a refinery, wherever located. (4.4) 'Refinery' means a facility used to process crude oil, unfinished oils, natural gas liquids, or other hydrocarbons into automotive gasoline and from which automotive gasoline may be removed by pipeline or vessel or at a rack. The term does not include a facility that produces only blended fuel or gasohol. (4.5) 'Removal' means a physical transfer other than by evaporation, loss, or destruction. A physical transfer to a transport truck or another means of conveyance outside a terminal transfer system is complete upon delivery into the means of conveyance. (5) 'Retail sale of automotive gasoline' means the sale thereof for consumption, and not for resale, at a retail outlet serving the motoring public. (6) 'Supplier' means:
(A) A position holder or a person or firm which receives automotive gasoline pursuant to a two-party exchange; or (B) A refiner. (7) 'Terminal' means an automotive gasoline storage and distribution facility that has been assigned a terminal control number by the United States Internal Revenue Service, is supplied by pipeline or marine vessel, and from which automotive gasoline may be removed at a rack.

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(8) 'Terminal operator' means a person or firm which owns, operates, or otherwise controls a terminal. (9) 'Terminal transfer system' means an automotive gasoline distribution system consisting of refineries, pipelines, marine vessels, and terminals. The term has the same meaning as 'bulk transfer/terminal system' under 26 C.F.R. Section 48.4081-1. (10) 'Two-party exchange' means a transaction in which automotive gasoline is transferred from one licensed supplier to another licensed supplier pursuant to an exchange agreement under which the supplier that is the position holder agrees to deliver automotive gasoline to the other supplier or the other supplier's customer at the rack of the terminal at which the delivering supplier is the position holder."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"10-1-234.1. Regardless of other products offered, any supplier which, pursuant to a marketing agreement, supplies gasoline from a terminal in this state to a gasoline distributor shall offer to supply such party with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol, except as otherwise necessary for purposes of complying with state or federal law or regulations. No supplier shall prevent or inhibit a gasoline distributor in this state from being a blender or from qualifying for any federal or state tax credit due to blenders."
SECTION 3. Said article is further amended by revising Code Section 10-1-240, relating to marketing agreements subject to said article, as follows:
"10-1-240. This article shall apply to all marketing agreements as defined in paragraph (4) of Code Section 10-1-232, except that this article shall not apply to a marketing agreement granted prior to July 1, 1973; provided, however, that a renewal of a marketing agreement or an amendment extending the lease period shall not be excluded from the application of this article that are granted, renewed, or amended to extend the lease period on or after July 1, 2009; provided, however, that Code Section 10-1-234.1 shall not apply to gasoline sold or offered for sale under a supplier's trademark registered with the United States Patent and Trademark Office."
SECTION 4. 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, Burkhalter of the 50th, and Parsons of the 42nd move to amend the House Committee on Energy, Utilities and Telecommunications substitute to SB 30 (LC 28 4799S) by striking "state or" on line 85.

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4153

By striking the quotation mark at the end of line 87 and inserting the following:

If a supplier supplies gasoline to a gasoline distributor pursuant to this Code section which is then blended, the gasoline distributor shall indemnify and hold harmless such supplier against any losses or damages arising out of claims, costs, judgments, and expenses, including reasonable attorney's fees, or suits relating to or arising out of such blending."

The following amendment was read:

Representative May of the 111th et al. move to amend the House Committee on Energy, Utilities and Telecommunications substitute to SB 30 (LC 28 4799S) by striking "to provide exceptions;" on line 5.

By striking "to provide for applicability;" on lines 6 and 7.

By striking ", except as otherwise necessary for purposes of complying with state or federal law or regulations" on lines 84 and 85.

By striking lines 97 through 99 and inserting in lieu thereof the following: 2009."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

E Abdul-Salaam N Abrams Y Allison N Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard N Battles N Bearden N Beasley-Teague N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd

Y Crawford E Davis, H Y Davis, S N Dawkins-Haigler N Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner
Dukes Y Ehrhart Y England E Epps, C Y Epps, J N Everson N Floyd N Fludd Y Franklin Y Frazier Y Fullerton N Gardner

E Heckstall Y Hembree N Henson Y Hill, C N Hill, C.A Y Holt Y Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James Y Jerguson E Johnson, C N Johnson, T E Jones, J N Jones, S Y Jordan N Kaiser Y Keen Y Keown

N Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall Y McKillip N Meadows N Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal N Nix Y Oliver Y O'Neal Y Parham Y Parrish N Parsons

Y Rynders N Scott, A Y Scott, M Y Sellier N Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet

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Y Carter, A Y Carter, B Y Casas N Chambers
Channell Y Cheokas E Coan Y Cole
Coleman Y Collins, D N Collins, T N Cooper Y Cox

N Geisinger N Glanton N Golick Y Gordon Y Graves N Greene N Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Knight N Knox Y Lane, B Y Lane, R N Levitas N Lindsey N Long N Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett N Ralston N Ramsey Y Randall N Reece E Reese N Rice Y Roberts Y Rogers

N Thomas Y Thompson Y Walker E Weldon N Wilkinson N Willard Y 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 102, nays 63.

The amendment was adopted.

The following amendment was read and ruled not germane:

Representative Benton of the 31st moves to amend SB 30 by striking line 1 and inserting in lieu thereof the following:

To provide a short title; to amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that antifreeze sold in this state containing more than 10 percent ethylene glycol shall include denatonium benzoate as an aversive agent to render it unpalatable; to provide for applicability; to provide for a limitation on liability; to amend Article 9 of Title 10 of the Official Code of Georgia Annotated,

By inserting following line 8 the following:

SECTION 1. This Act shall be known and may be cited as "Chief's Law."

SECTION 2. Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, is amended by adding a new Code section to read as follows:
"10-1-202.1. (a) Antifreeze sold in this state that is manufactured after July 1, 2011, containing more than 10 percent ethylene glycol shall include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as an aversive agent to render the antifreeze unpalatable. (b) The requirements of subsection (a) of this Code section apply only to manufacturers, packagers, distributors, recyclers, or sellers of antifreeze. Such

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4155

provisions shall not apply to the sale of a motor vehicle that contains engine coolant or antifreeze. (c) A manufacturer, packager, distributor, recycler, or seller of antifreeze that is required to contain an aversive agent pursuant to this Code section shall not be liable to any person for personal injury, death, property damage, damage to the environment including without limitation natural resources, or economic loss that results solely from the inclusion of denatonium benzoate in the antifreeze; provided, however, that such limitation on liability is only applicable if denatonium benzoate is included in engine coolant or antifreeze in the concentrations mandated by subsection (a) of this Code section. Such limitation on liability shall not apply to a particular liability to the extent that the cause of that liability is unrelated to the inclusion of denatonium benzoate in antifreeze."

By renumbering Sections 1 through 4 as Sections 3 through 6, respectively.

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 Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield N Benton Y Black 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 Crawford E Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley N Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson N Floyd N Fludd N Franklin
Frazier Y Fullerton Y Gardner N Geisinger N Glanton N Golick

E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A
Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J N Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox Y Lane, B

N Manning Y Marin Y Martin Y Maxwell Y May N Mayo Y McCall Y McKillip Y Meadows N Millar Y Mills Y Mitchell N Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker

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N Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T N Cooper Y Cox

Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lane, R N Levitas Y Lindsey N Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

E Weldon Y Wilkinson N Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 137, nays 30.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The Speaker Pro Tem assumed the Chair.

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 216. By Representatives Harden of the 147th, Roberts of the 154th, Pruett of the 144th and James of the 135th:

A BILL to be entitled an Act to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change certain terms of court in the Cordele Judicial Circuit; 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 38. By Senator Harp of the 29th:

A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed dead bodies, so as to authorize the Board for the Distribution of Cadavers to provide for dead bodies to be used in the training and handling

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of police canine; 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 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, so as to clarify that the Georgia Bureau of Investigations has jurisdiction over the post mortem examination or autopsy on persons whose death occurs on certain state property; to provide for the training of canine service dogs for the purpose of body recovery and rescue of persons; 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 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations by coroners, is amended in Code Section 45-16-25, relating to duties of a coroner or county medical examiner upon receipt of notice of suspicious or unusual death, authority to embalm a body, identification, inventory and disposition of a deceased's property, and use of a deceased's property for evidence, by adding a new subsection to read as follows:
"(d) The Georgia Bureau of Investigation is authorized to perform a post mortem examination and autopsy on a person whose death occurs within a state owned or leased building or on the curtilage of such building. The Georgia Bureau of Investigation shall have jurisdiction relating to the investigation of such a death, and this authority and jurisdiction shall supersede any other authority or jurisdiction provided for by this article relating to a post mortem examination or autopsy."
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"45-16-50. A medical examiner within the state of Georgia is authorized to provide to an approved canine instructor or school certain biological substances such as human blood or bodily fluids for the sole purpose of utilizing such substances for the training and handling of police canines in body recovery of human remains or rescue of persons. Such biological substances shall be contained and transported in accordance with appropriate health and safety standards."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman Y Collins, D
Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner
Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet
Thomas Y Thompson Y Walker E Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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SB 65.

By Senators Grant of the 25th, Crosby of the 13th, Hooks of the 14th and Harp of the 29th:

A BILL to be entitled an Act to amend Code Section 42-8-35.4 of the Official Code of Georgia Annotated, relating to confinement in probation detention center, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; 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 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to change provisions relating to the sentencing and confinement of certain defendants in a probation detention center; to permit credit for time served in confinement while awaiting confinement in a probation detention center; to clarify certain provisions relating to the suspension of a probated sentence; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by revising subsection (a) of Code Section 42-8-35.4, relating to confinement in a probation detention center, as follows:
"(a) In addition to any other terms and conditions of probation provided for in this article, the trial judge may require that a defendant convicted of a felony and sentenced to a period of not less than one year on probation or a defendant who has been previously sentenced to probation for a forcible misdemeanor as defined in paragraph (7) of Code Section 16-1-3 or a misdemeanor of a high and aggravated nature and has violated probation or other probation alternatives and is subsequently sentenced to a period of not less than one year on probation shall complete satisfactorily, as a condition of that probation, a program of confinement in a probation detention center. Probationers so sentenced will be required to serve a the period of confinement as specified in the court order, which confinement period shall be computed from the date of initial confinement in the probation detention center."

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SECTION 2. Said article is further amended by revising subsection (a) of Code Section 42-8-36, relating to the duty of a probationer to inform probation supervisor of residence or whereabouts, violations, and unpaid moneys, as follows:
"(a)(1) Any other provision of this article to the contrary notwithstanding, it shall be the duty of a probationer, as a condition of probation, to keep his or her probation supervisor informed as to his or her residence. Upon the recommendation of the probation supervisor, the court may also require, as a condition of probation and under such terms as the court deems advisable, that the probationer keep the probation supervisor informed as to his or her whereabouts. The failure of a probationer to report to his or her probation supervisor as directed or a return of non est inventus or other return to a warrant, for the violation of the terms and conditions of probation, that the probationer cannot be found in the county that appears from the records of the probation supervisor to be the probationer's county of residence shall automatically suspend the running of the probated sentence until the probationer shall personally report to the probation supervisor, is taken into custody in this state, or is otherwise available to the court; and such period of time shall not be included in computing creditable time served on probation or as any part of the time that the probationer was sentenced to serve. The effective date of the tolling of the sentence shall be the date that the officer returns the warrant showing non est inventus. Any officer authorized by law to issue or serve warrants may return the warrant for the absconded probationer showing non est inventus. (2) In addition to the provisions of paragraph (1) of this subsection, if the probation supervisor submits an a sworn affidavit to the court stating that a probationer has absconded and cannot be found failed to report to his or her probation supervisor as directed, the running of the probated sentence shall be suspended effective on the date such affidavit is submitted to the court and continuing. The tolling of the probationer's sentence shall continue until the probationer shall personally report to the probation supervisor, is taken into custody in this state, or is otherwise available to the court; and such period of time shall not be included in computing creditable time served on probation or as any part of the time that the probationer was sentenced to serve."
SECTION 3. Section 1 of this Act shall become effective on July 1, 2009, and shall apply to probationers sentenced on or after such date. Section 2 of 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 Cox of the 102nd was excused from voting on SB 65.

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The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas
Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman E Collins, D Y Collins, T Y Cooper
Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson E Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 157, nays 1.

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.

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SB 63.

By Senators Hudgens of the 47th, Williams of the 19th, Mullis of the 53rd and Butterworth of the 50th:

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 report of the Committee, which was favorable to the 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson E Willard E Williams, A Y Williams, E Y Williams, M

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E Collins, D Y Collins, T Y Cooper Y Cox

Y Harden, B Y Harden, M Y Hatfield Y Heard

E Lunsford Y Maddox, B Y Maddox, G E Mangham

E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 158, nays 0.

Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Bill, having received the requisite constitutional majority, was passed.

SB 152. By Senator Bulloch of the 11th:

A BILL to be entitled an Act to amend Code Section 2-8-13 of the Official Code of Georgia Annotated, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, so as to provide for an Agricultural Commodity Commission for Ornamental Plants; to provide for balloting; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to change certain provisions relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, final decisions, and judicial review; to change certain provisions relating to imposition of penalty in lieu of other action; 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 for an Agricultural Commodity Commission for Ornamental Plants; to provide for balloting; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in Code Section 2-2-9.1, relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, final decisions, and judicial review, by revising subsections (c) and (g) and paragraph (1) of subsection (h) as follows:
"(c) Any administrative order issued by the Commissioner shall specify the alleged violation, monetary penalty, or other sanction; prescribe a reasonable time for some type of action to be accomplished,; and provide notice of the right to a hearing. Any

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order issued pursuant to this Code section shall become final unless the aggrieved or adversely affected registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet bird owner, or farmer of crops or livestock, chickens, or other animals timely requests a hearing in writing as provided by this Code section." "(g) Prior to notice, hearing, or determination, the Commissioner is authorized to impose civil penalties in settlement of contested cases through administrative consent orders. The Commissioner is authorized to impose through administrative consent orders civil penalties of up to and including $1,000.00 per violation, except as otherwise authorized by law the applicable maximum amounts provided by paragraph (1) of subsection (h) of this Code section. Any civil penalties recovered shall be paid over into the general fund of the state treasury in accordance with Code Section 45-1292.
(h)(1) The Commissioner may seek civil penalties for the violation of those laws to be enforced by the Department of Agriculture; and where the imposition of such civil penalties is provided for therein, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of determining whether such civil penalties should be imposed in accordance with the applicable law; and where the imposition of such civil penalties is not provided for therein but violation of such law is punishable as a criminal offense, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of determining whether civil penalties in an amount not to exceed $1,000.00 per violation should be imposed. Any civil penalties recovered shall be paid over into the general fund of the state treasury in accordance with Code Section 45-12-92."
SECTION 2. Said title is further amended in Code Section 2-2-10, relating to imposition of penalty in lieu of other action, by adding a new subsection to read as follows:
"(c) Any civil penalties recovered shall be paid over into the general fund of the state treasury in accordance with Code Section 45-12-92."
SECTION 3. Said title is further amended by adding a new article to read as follows:
"ARTICLE 1A
2-8-5. (a) As used in this Code section, the term:
(1) 'Agricultural commodities' means any and all agricultural, horticultural, floricultural, and vegetable products produced in this state or any class, variety, or utilization thereof, either in their natural state or as processed by a producer for the

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purpose of marketing such product or by a processor, and shall include any one, any combination thereof, or all of the agricultural products, livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state. (2) 'Processor' has the meaning provided by Code Section 2-8-11. (3) 'Producer' has the meaning provided by Code Section 2-8-11. (b) The Commissioner shall be authorized to take all actions necessary and appropriate to create, register, license, promote, and protect a trademark for use in connection with the general promotion of agricultural commodities as being Georgia grown."
SECTION 4. Said title is further amended in subsection (a) of Code Section 2-8-13, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, by adding a new paragraph to read as follows:
"(4) There shall be an Agricultural Commodity Commission for Ornamental Plants established on the effective date of this paragraph. For purposes of this paragraph, the term 'ornamental plants' means any plants grown in commercial nurseries for sale as live plants for use primarily in ornamental or landscape plantings; such term shall not include turf production or plants grown in nurseries for other agricultural, horticultural, or silvicultural use."
SECTION 5. Said title is further amended in subsection (c) of Code Section 2-8-13, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, by adding a new paragraph to read as follows:
"(4) Prior to April 30, 2011, 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 (4) of subsection (a) of this Code section shall continue to exist and operate under this article."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. Section 1 of this Act shall apply to violations occurring on or after the effective date of this Act.
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.

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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B E Casas N Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman E Collins, D Y Collins, T Y Cooper N Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B
Harden, M N Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James
Jerguson E 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 Lindsey Y Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson E Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 147, nays 8.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Scott of the 2nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:

MONDAY, MARCH 30, 2009

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A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; 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 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," is amended by revising paragraph (8) as follows:
"(8) 'Practice nursing as a registered professional nurse' means to practice nursing by performing for compensation any of the following:
(A) Assessing the health status of individuals, groups, or both throughout the life span; (B) Establishing a nursing diagnosis; (C) Establishing nursing goals to meet identified health care needs; (D) Planning, implementing, and evaluating nursing care; (E) Providing for safe and effective nursing care rendered directly or indirectly; (F) Managing and supervising the practice of nursing; (G) Collaborating with other members of the health care team in the management of care; (H) Teaching the theory and practice of nursing; (I) Administering, ordering, and dispensing medications, diagnostic studies, and medical treatments authorized by protocol, when such acts are authorized by other general laws and such acts are in conformity with those laws; (J) Administering medications and treatments as prescribed by a physician practicing medicine in accordance with Article 2 of Chapter 34 of this title, a dentist practicing dentistry in accordance with Chapter 11 of this title, or a podiatrist practicing podiatry in accordance with Chapter 35 of this title; or

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(K) Performing any other nursing act in the care and counsel of the ill, injured, or infirm, and in the promotion and maintenance of health with individuals, groups, or both throughout the life span. This paragraph shall not prohibit the performance of health maintenance activities by a designated caregiver for an individual at the direction of such individual or his or her agent so long as the caregiver is a family member or other person not receiving compensation for providing the health maintenance activities and meets minimum standards as determined by the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. For purposes of this paragraph, 'health maintenance activities' means those activities which enable an individual with disabilities to live as independently as possible in a home and community of his or her choice and include those specialized procedures, beyond activities of daily living, which the individual would perform himself or herself if he or she were able and which the attending physician or registered professional determines can be safely performed in the home and community by a designated caregiver as directed by the individual or his or her agent."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Cooper of the 41st moves to amend the Committee substitute to SB 244 as follows:
- page 2, line 34 and 35 strike: "not receiving compensation for providing the health maintenance activities and" > and add in its place: "who"
p. 2, line 37 after Resources add: ", provided however a family member shall not receive compensation for such
care."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas
Chambers Y Channell Y Cheokas E Coan Y Cole E Coleman E Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves
Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas E Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker E Weldon Y Wilkinson E Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 68.

By Senators Murphy of the 27th, Harp of the 29th, Golden of the 8th, Grant of the 25th, Staton of the 18th and others:

A BILL to be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that counties and municipalities may by resolution or ordinance provide an exception from the prohibition against the sale of alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; to provide for

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related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to regulate the sales and sampling of alcoholic beverages; to provide that counties and municipalities with approval of the local housing authority board of commissioners may by resolution or ordinance provide an exception from the prohibition against the sale of alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; to revise certain provisions relating to the issuance of licenses for manufacturing, distributing, and selling of alcoholic beverages and the conduct permitted by those holding such licenses; to authorize samplings for consumption by retail dealers and employees of retail dealers to be conducted by manufacturers and wholesalers of alcoholic beverages and specifically distilled spirits and consumed by retail dealers and retail dealers' employees under certain conditions; to establish the method of measuring distances from existing retail package liquor stores that new retail package liquor stores are permitted to be located; to prohibit the issuance of state licenses to businesses to be located in certain areas; 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 revising subsection (e) of Code Section 3-3-21, relating to sales of alcoholic beverages near churches, school buildings, or other sites, as follows:
"(e)(1) As used in this subsection, the term 'housing authority property' means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law.' (2) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; provided, however, that counties and municipalities with the approval of the local housing authority board of commissioners are authorized by resolution or ordinance to exempt such counties and municipalities from the application of this subsection and provide for such sales. This subsection shall not apply at any location for which a license has been issued prior to July 1, 2000, nor to the renewal of such license. Nor shall this subsection apply at any location for which a new license is applied for if the sale of alcoholic beverages for consumption on the premises was lawful at such location at any time during the 12 months immediately preceding such application."

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SECTION 2. Said title is further amended by revising Code Section 3-3-26, relating to allowing or permitting of breaking of packages or drinking of contents thereof on premises, as follows:
"3-3-26. (a) No retail dealer shall knowingly and intentionally allow or permit the breaking of any package or packages containing alcoholic beverages on the premises where sold or allow or permit the drinking of the contents of such package or packages on the premises where sold. (b) This Code section shall not apply with respect to sales pursuant to a license for consumption on the premises. (c) Nothing in this Code section shall prohibit a representative or salesperson of a manufacturer or wholesaler from opening a container of alcoholic beverages on the premises of a retail dealer for the purposes of providing a sampling of such alcoholic beverage product to a retail dealer or retail dealer's employee or the drinking or consumption of an alcoholic beverage product by a retail dealer or retail dealer's employee when done so for the purpose of sampling such alcoholic beverage product, provided that such sampling of alcoholic beverage products shall be done in a retail dealer's office, storage room, or other area of the premises closed to the public and in the presence of the representative or salesperson of the manufacturer or wholesaler."
SECTION 3. Said title is further amended by revising Code Section 3-4-25, relating to authorization of the holder of a retail dealer's license to sell only unbroken packages and the prohibition of breaking of packages or drinking of the contents thereof on premises, as follows:
"3-4-25. (a) A retail dealer's license shall authorize the holder to sell distilled spirits only in the original and unbroken package or packages, which package or packages shall contain not less than 50 milliliters each. (b) The license shall not permit the breaking of the package or packages on the premises where sold and shall not permit the drinking of the contents of the package or packages on the premises where sold. (c) Nothing in this Code section shall prohibit a representative or salesperson of a manufacturer or wholesaler from opening a container of distilled spirits on the premises of a retail dealer for the purposes of providing a sampling of such distilled spirits to a retail dealer or retail dealer's employee or the drinking or consumption of distilled spirits by a retail dealer or retail dealer's employee when done so for the purpose of sampling such distilled spirits, provided that such sampling of distilled spirits shall be done in a retail dealer's office, storage room, or other area of the premises closed to the public and in the presence of the representative or salesperson of the manufacturer or wholesaler."

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SECTION 4. Said title is further amended by revising Code Section 3-4-49, relating to the adoption of rules and regulations and the determination of location of distilleries or businesses licensed by municipal or county governing authorities, as follows:
"3-4-49. (a) A municipality or county may adopt all reasonable rules and regulations, consistent with this title, as may fall within the police powers of the municipality or county to regulate any business described in this chapter; provided, however, that, except as otherwise provided in this Code section. (b) on On and after July 1, 1997 through June 30, 2009, no municipality or county shall authorize the location of a new retail package liquor licensed place of business or the relocation of an existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. The restriction provided for in this subsection shall not apply at any location for which a license has been issued prior to July 1, 1997, nor to the renewal of such license. Nor shall the restriction of this subsection apply to any location for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application.
(b)(c)(1) On and after July 1, 2009, no municipality or county shall authorize the location of a new retail package liquor licensed place of business or the relocation of an existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail in this state as measured in a straight line, regardless of any structural impediments, using the portion of the building of the place of business to be licensed closest to any portion of the building of the retail package business currently licensed as the starting point and using the portion of the building of the retail package business currently licensed closest to any portion of the building of the place of business to be licensed as the ending point; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. (2) The restriction provided for in this subsection shall not apply at any location for which:
(A) A license has been issued prior to July 1, 2009, nor to the renewal of such license; or (B) A new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application. (3) If there is a body of water 50 acres or more in size located between the two retail businesses licensed to sell package liquor at retail in this state, then the 500 yard restriction provided for in paragraph (1) of this subsection shall be measured by the most direct route of travel on the ground. (d)(1) As used in this subsection, the term 'adjacent property' shall mean abutting property solely owned as of July 1, 2009, by the applicant for the license who is also

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the owner of the property on which the existing retail package business is currently located. (2) Subsection (c) of this Code section shall not apply to the relocation of an existing retail package liquor licensed place of business to adjacent property; provided that the relocated package liquor licensed place of business is within 500 yards of the existing retail package liquor licensed place of business as it exists on July 1, 2009, as measured in a straight line, regardless of any structural impediments, using the portion of the building of the relocated place of business to be licensed closest to any portion of the building of the retail package business currently licensed as the starting point and using the portion of the building of the retail package business currently licensed closest to any portion of the building of the relocated place of business as the ending point. (e) All municipal and county authorities issuing licenses shall within their respective jurisdictions have authority to determine the location of any distillery, wholesale business, or retail business licensed by them, not inconsistent with this title. (f) No state license shall be issued pursuant to this title to any retail package liquor place of business whose location would violate this Code section."

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

E Abdul-Salaam N Abrams
Allison N Amerson Y Anderson N Ashe E Austin N Baker Y Barnard N Battles N Bearden N Beasley-Teague N Benfield N Benton Y Black N Brooks N Bruce
Bryant N Buckner
Burkhalter N Burns

N Crawford E Davis, H Y Davis, S N Dawkins-Haigler N Day N Dempsey Y Dickson N Dobbs N Dollar N Dooley N Drenner N Dukes N Ehrhart
England E Epps, C N Epps, J N Everson Y Floyd Y Fludd N Franklin N Frazier

E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A N Holt
Horne N Houston Y Howard Y Hudson N Hugley N Jackson N Jacobs Y James Y Jerguson E Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser

N Manning N Marin E Martin Y Maxwell Y May N Mayo N McCall N McKillip N Meadows N Millar N Mills N Mitchell N Morgan Y Morris N Mosby N Murphy N Neal N Nix N Oliver N O'Neal Y Parham

N Rynders Y Scott, A N Scott, M Y Sellier N Setzler Y Shaw N Sheldon N Shipp N Sims, B N Sims, C N Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V N Smyre N Stephens, M
Stephens, R N Stephenson N Talton

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N Butler Y Byrd N Carter, A N Carter, B E Casas
Chambers N Channell
Cheokas E Coan Y Cole Y Coleman N Collins, D N Collins, T Y Cooper Y Cox

N Fullerton N Gardner Y Geisinger N Glanton N Golick N Gordon N Graves Y Greene N Hamilton Y Hanner N Harbin N Harden, B N Harden, M N Hatfield N Heard

Y Keen N Keown N Knight N Knox Y Lane, B N Lane, R Y Levitas E Lindsey N Long E Loudermilk N Lucas E Lunsford Y Maddox, B N Maddox, G E Mangham

N Parrish N Parsons Y Peake N Porter Y Powell, A N Powell, J N Pruett N Ralston N Ramsey
Randall N Reece E Reese Y Rice Y Roberts N Rogers

N Taylor N Teilhet N Thomas N Thompson N Walker N Weldon N Wilkinson N Willard E Williams, A N Williams, E N Williams, M Y Williams, R Y Wix Y Yates Y Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 42, nays 114.

The Bill, having failed to receive the requisite constitutional majority, was lost.

SB 151. By Senators Wiles of the 37th and Hamrick of the 30th:

A BILL to be entitled an Act to amend Code Section 17-10-1.2 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to an oral victim impact statement and grants of pardons, paroles, and other relief, respectively, so as to provide courts and the State Board of Pardons and Parole greater input from crime victims, their families, and other interested witnesses; to provide for victim notification of parole board hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Code Section 17-10-1.2 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to an oral victim impact statement and grants of pardons, paroles, and other relief, respectively, so as to provide courts and the State Board of Pardons and Paroles greater input from crime victims, their families, and other interested witnesses; to provide for a definition; to provide for victim notification of parole board hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 17-10-1.2 of the Official Code of Georgia Annotated, relating to an oral victim impact statement, is amended by revising subsection (a) as follows:
"(a)(1) In all cases in which the death penalty may be imposed, subsequent to an adjudication of guilt and in conjunction with the procedures in Code Section 17-1030, the court may shall allow evidence from the family of the victim, or such other witness having personal knowledge of the victim's personal characteristics and the emotional impact of the crime on the victim, the victim's family, or the community. Except as provided in paragraph (4) of this subsection, such Such evidence shall be given in the presence of the defendant and of the jury and shall be subject to crossexamination. (2) The admissibility of the evidence described in paragraph (1) of this subsection and the number of witnesses other than immediate family who may testify The admissibility of such evidence shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner and to such a degree as not to inflame or unduly prejudice the jury. As used in this paragraph, the term 'immediate family' means the victim's spouse, child, parent, stepparent, grandparent, grandchild, sibling, stepbrother, stepsister, mother-in-law, father-in-law, sister-in-law, or brother-in-law and the spouses of any such individuals. (2)(3) In all cases other than those in which the death penalty may be imposed, prior to fixing of the sentence as provided for in Code Section 17-10-1 or the imposing of life imprisonment as mandated by law, and before rendering the appropriate sentence, including any order of restitution, the court, within its discretion ,may shall allow evidence from the victim, the family of the victim, or such other witness having personal knowledge of the impact of the crime on the victim, the family of the victim, or the community. Except as provided in paragraph (4) of this subsection, such Such evidence shall be given in the presence of the defendant and shall be subject to crossexamination. The admissibility of the evidence described in this paragraph shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner as to allow for cross-examination by the defendant and to such a degree as not to unduly prejudice the defendant. (4) Upon a finding by the court specific to the case and the witness that the witness would not be able to testify in person without showing undue emotion or that testifying in person will cause the witness severe physical or emotional distress or trauma, evidence presented pursuant to this subsection may be in the form of, but not limited to, a written statement or a prerecorded audio or video statement, provided that such witness is subject to cross-examination and the evidence itself will not be available to the jury during deliberations. Photographs of the victim may be included with any evidence presented pursuant to this subsection."
SECTION 2. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, is amended by revising Code Section 42-9-43,

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relating to information to be considered by the board, conduct of investigation and examination, and determination as to grant of relief, as follows:
"42-9-43. (a) The board, in considering any case within its power, shall cause to be brought before it all pertinent information on the person in question. Included therein shall be:
(1) A report by the superintendent, warden, or jailer of the jail or state or county correctional institution in which the person has been confined upon the conduct of record of the person while in such jail or state or county correctional institution; (2) The results of such physical and mental examinations as may have been made of the person; (3) The extent to which the person appears to have responded to the efforts made to improve his or her social attitude; (4) The industrial record of the person while confined, the nature of his or her occupations while so confined, and a recommendation as to the kind of work he or she is best fitted to perform and at which he or she is most likely to succeed when and if he or she is released; and (5) The educational programs in which the person has participated and the level of education which the person has attained based on standardized reading tests; and (6) The written, oral, audiotaped, or videotaped testimony of the victim, the victim's family, or a witness having personal knowledge of the victim's personal characteristics. (b) The board may also make such other investigation as it may deem necessary in order to be fully informed about the person. (b)(c) Before releasing any person on parole, the board may have the person appear before it and may personally examine him or her. Thereafter, upon consideration, the board shall make its findings and determine whether or not the such person shall be granted a pardon, parole, or other relief within the power of the board; and the board shall determine the terms and conditions thereof. Notice of the determination shall be given to the such person and to the correctional official having him or her in custody. (c)(d) If a person is granted a pardon or a parole, the correctional officials having the person in custody, upon notification thereof, shall inform him or her of the terms and conditions thereof and shall, in strict accordance therewith, release the person. (e) The board shall send written notification of the parole decision to the victim or, if the victim is no longer living, to the family of the victim."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe E Austin Y Baker Y Barnard
Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B E Casas
Chambers Y Channell Y Cheokas E Coan E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper
Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Lindsey Y Long E Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Manning Y Marin E Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 155, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Cox of the 102nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

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JOURNAL OF THE HOUSE

The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

HB 156. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th:

A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 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 245. By Representatives Willard of the 49th and Oliver of the 83rd:

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 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:

SB 20.

By Senators Pearson of the 51st, Rogers of the 21st, Seabaugh of the 28th, Williams of the 19th and Mullis of the 53rd:

A BILL to be entitled an Act 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 penalties; 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 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; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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4179

The following Committee substitute was read and adopted:
A BILL
To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to prohibit immigration sanctuary polices by local governmental entities; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 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:
"36-80-23. (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, not including any information required by law to be kept confidential but otherwise 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 35-3-62. (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 elected or appointed official, supervisor or managerial employee, contractor, agent, or certified peace officer acting on behalf of or in conjunction with a local governing body. (6) 'Sanctuary policy' means any regulation, rule, policy, or practice adopted by a local governing body which prohibits or restricts local officials or employees from

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communicating or cooperating with federal officials or law enforcement officers with regard to reporting 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) Any local governing body that acts in violation of this Code section shall be subject to the withholding of state funding or state administered federal funding other than funds to provide services specified in subsection (c) of Code Section 50-36-1. (d) The Department of Community Affairs, the Department of Transportation, or any other state agency that provides funding to local governing bodies may require certification of compliance with this Code section as a condition of funding."

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 N Abrams Y Allison Y Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar Y Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd N Fludd Y Franklin Y Frazier
Fullerton

E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson E Johnson, C Y Johnson, T Y Jones, J N Jones, S Y Jordan N Kaiser Y Keen

Y Manning N Marin E Martin Y Maxwell Y May N Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix N Oliver
O'Neal Y Parham Y Parrish

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B
Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M
Stephens, R N Stephenson Y Talton N Taylor

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4181

Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas E Coan E Cole Y Coleman Y Collins, D N Collins, T
Cooper Y Cox

N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas E Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

Y Teilhet N Thomas N Thompson Y Walker N Weldon Y Wilkinson Y Willard E 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 124, nays 28.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Ashe of the 56th 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 Hudson of the 124th and Knox of the 24th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 159. By Senators Grant of the 25th, Unterman of the 45th and Thomas of the 54th:

A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to create the Hemophilia Advisory Board; to provide for a short title; to provide for legislative findings; to provide for duties, reporting, membership, and the selection of officers; to provide for related matters; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

E Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt

Y Manning Y Marin E Martin Y Maxwell Y May Y Mayo

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw

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Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas E Coan E Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas E Lunsford Y Maddox, B Y Maddox, G E Mangham

Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 158, nays 3.

Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard E Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

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 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:

A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for

MONDAY, MARCH 30, 2009

4183

tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 67.

By Senators Murphy of the 27th, Rogers of the 21st, Pearson of the 51st, Mullis of the 53rd, Heath of the 31st and others:

A BILL to be entitled an Act to amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to examination of applicants for certain drivers' licenses, so as to provide that such examinations shall be administered only in the English language; to provide for an exception; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide that examinations for drivers' licenses shall be administered only in the English language; to provide for an exception; to provide for usage of licensed defensive driving courses in pretrial diversion programs; to provide that certificates of completion from unlicensed courses shall not be recognized; 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 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-27, relating to examination of applicants for certain drivers' licenses, by adding a new subsection to read as follows:

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"(e) All written and oral examinations required pursuant to this Code section shall be administered only in the English language; provided, however, that the department may administer examinations to persons eligible for a temporary license pursuant to Code Section 40-5-21.1 in a language other than English."

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 at which attendance is required by court order shall conform to the requirements of this article. Courts with jurisdiction over misdemeanor traffic law offenses under any pretrial diversion program shall require the offender to complete, at a minimum, a defensive driving course licensed and approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83. Certificates of completion from unlicensed defensive driving courses shall not be recognized for any purposes under 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 N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker N Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler

Y Crawford E Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar Y Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson
Floyd N Fludd Y Franklin N Frazier N Fullerton

E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard E Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson E Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen

Y Manning N Marin E Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris
Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish

Y Rynders Y Scott, A Y Scott, M N Sellier N Setzler N Shaw Y Sheldon N Shipp Y Sims, B
Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor

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4185

Y Byrd Y Carter, A Y Carter, B E Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Keown Y Knight Y Knox N Lane, B Y Lane, R N Levitas N Lindsey N Long Y Loudermilk N Lucas E Lunsford Y Maddox, B Y Maddox, G E Mangham

Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece E Reese Y Rice Y Roberts Y Rogers

Y Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson E Willard E 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 104, nays 58.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Bill of the House was taken up for the purpose of considering the Senate action thereon:

HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:

A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Representative Graves of the 12th moved that the House insist on its position in disagreeing to the Senate substitute to HB 481 and that a Committee of Conference be

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appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Graves of the 12th, O`Neal of the 146th and Scott of the 2nd.
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 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th, Reece of the 11th and Dawkins-Haigler of the 93rd:
A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 313. By Representatives Hembree of the 67th and Millar of the 79th:
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 within the "Quality Basic Education Act," so as to revise certain provisions relating to calculating grade point averages for purposes of determining eligibility for enrollment and scholarships for postsecondary education; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 324. By Representatives Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedure for appeals to superior or state court, so as to require the payment of costs of the tribunal appealed from before hearing of an appeal in state court, in the same manner as currently required in superior court; to provide for related matters; to repeal conflicting laws; and for other purposes.
By unanimous consent, the rules were suspended in order that the following Bills of the Senate could be introduced, read the first time and referred to the Committees:
SB 271. By Senators Mullis of the 53rd and Thomas of the 54th:
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.
Referred to the Committee on Intragovernmental Coordination - Local.
SB 280. By Senator Brown of the 26th:
A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to change the procedure for choosing members of such authority; to provide for terms for such members; to provide for certain billing cycles; to eliminate certain excises; to provide for

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the elimination of certain compensation plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
Representative Smith of the 129th District, Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 120 Do Pass, by Substitute
Respectfully submitted, /s/ Smith of the 129th
Chairman
The Speaker announced the House in recess until five minutes after the receipt of the report of the Committee on Transportation, at which time the House will stand adjourned, pursuant to the adjournment Resolution previously adopted by the House and Senate, until 10:00 o'clock, A.M., Wednesday, April 1, 2009.

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Representative Hall, Atlanta, Georgia

Wednesday, April 1, 2009

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 Allison Amerson Anderson Ashe Austin Baker Barnard Battles Bearden
E Beasley-Teague Benfield Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns
E Butler Byrd Carter, A Carter, B
E Casas Chambers Channell Cheokas
E Coan

E Cole Coleman Collins, D Collins, T Cooper Cox Crawford
E Davis, H Dawkins-Haigler Dempsey Dickson Dobbs Dooley Drenner Ehrhart England
E Epps, C Everson
E Floyd Franklin Frazier Fullerton Gardner Geisinger Glanton Golick Gordon Graves Greene Hamilton

Hanner Harbin Harden, B Heard E Heckstall Hembree E Hill, C Holt Horne Houston Howard E Hudson Hugley Jackson Jacobs James Jerguson E Johnson, C Johnson, T Jones, J Kaiser Keown Knox Lane, B Lane, R Levitas Long Loudermilk E Lunsford Maddox, B

Maddox, G Mangham Manning Marin Martin Maxwell May Mayo McCall McKillip Meadows Mills Mitchell Mosby Murphy Neal Nix Oliver O'Neal Parrish Parsons Peake Porter Powell, J Pruett Ramsey Reece E Reese Rice Roberts

Rogers Rynders Scott, M Sellier Setzler Shaw Sheldon Shipp Sims, B Smith, L Smith, R Smith, V Stephens, M Stephens, R Stephenson Talton Taylor Teilhet Thomas Thompson Walker Wilkinson Willard Williams, A E Williams, E Williams, M Williams, R Yates Richardson, Speaker

The following members were off the floor of the House when the roll was called:

Representatives Davis of the 109th, Dollar of the 45th, Dukes of the 150th, Fludd of the 66th, Harden of the 28th, Hatfield of the 177th, Hill of the 180th, Jones of the 44th, Jordan of the 77th, Keen of the 179th, Knight of the 126th, Lindsey of the 54th, Lucas of the 139th, Millar of the 79th, Morris of the 155th, Powell of the 29th, Ralston of the 7th, Scott of the 153rd, Sims of the 169th, Sinkfield of the 60th, Smith of the 113th, Smith of the 168th, and Wix of the 33rd.

They wish to be recorded as present.

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Prayer was offered by Reverend Scott Hearn, Grayson United Methodist Church, Grayson, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 41. By Representatives Mitchell of the 88th and Brooks of the 63rd:
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 divestiture of such investments; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.

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HB 831. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to provide for effects of certain state or local government entities' failures to perform audits required by law; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Budget and Fiscal Affairs Oversight.
HB 832. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable under the Teachers Retirement System of Georgia, so as to provide for creditable service for prior service as a member of the Trial Judges and Solicitors Retirement Fund; to provide for the payment of an employee contribution; to provide for application; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 833. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts generally, so as to make legislative findings; to define certain terms; to provide that certain acts shall constitute unfair methods of competition and unfair or deceptive acts or practices; to provide for civil remedies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 834. By Representative Marin of the 96th:
A BILL to be entitled an Act to amend Code Section 20-2-771 of the Official Code of Georgia Annotated, relating to immunization of students in elementary and secondary education, so as to provide that a parent or guardian of a child may exempt his or her child from immunization on any grounds; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Education.
HB 835. By Representative Marin of the 96th:
A BILL to be entitled an Act to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to license to carry a pistol or revolver and temporary renewal permit, so as to provide for training for certain persons licensed to carry a pistol or revolver; to provide for exceptions; to provide that licenses shall include a photograph and the current address of the holder; 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 836. By Representative Ralston of the 7th:
A BILL to be entitled an Act to create the Fannin County Water Authority; to provide a short title; to define certain terms; to provide for membership, appointment, terms, cooperation, quorums, and officers of the Authority; to provide for a director; to provide for purposes; to provide for powers; to limit the exercise of eminent domain by the Authority; to provide for ordinance proposals; to provide for tax exemption; to provide for construction; to provide for cumulative nature of powers; to provide for a referendum; to provide an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Intragovernmental Coordination - Local.
HB 837. By Representatives Crawford of the 16th and Powell of the 171st:
A BILL to be entitled an Act to amend Code Section 15-5-20 of the Official Code of Georgia Annotated, relating to the creation, powers, duties, and composition of the Judicial Council of Georgia, so as to require such council to include the president and president-elect of the Council of Municipal Court Judges of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 838. By Representatives Dobbs of the 53rd and Wilkinson of the 52nd:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to administration and

WEDNESDAY, APRIL 1, 2009

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enforcement of provisions regarding registration and licensing of motor vehicles, so as to provide for suspension of a vehicle's license plate and tag registration in the event the vehicle has accumulated two or more parking violations which are unpaid or otherwise not disposed of as provided by law; to provide for a definition; to provide for implementation; to provide for related matters; to provide for an effective date subject to and contingent upon funding; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 840. By Representative Collins of the 27th:
A BILL to be entitled an Act to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privilege, so as to change certain provisions relating to the confidentiality of communications between a husband and wife; to change certain provisions relating to the compellability of testimony by a defendant's spouse; 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 842. By Representatives Franklin of the 43rd, McCall of the 30th and Brooks of the 63rd:
A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to protect the right to grow food crops and raise small animals on private property so long as such crops and animals are used for human consumption by the occupants, gardeners, or raisers and their households and not for commercial purposes; to define a term; to provide for effect on certain private agreements and causes of action; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 843. By Representatives Jacobs of the 80th and 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 extensively revise the requirements for continuing care providers and facilities; to revise definitions; to provide for enforcement powers of the Commissioner of

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Insurance; to revise provisions relating to annual disclosure statements; to revise requirements for continuing care agreements; to provide extensive requirements for disclosure statements; to provide for specific financial requirements; to provide for supervision, rehabilitation, and liquidation of a continuing care provider facility; to revise provisions relating to penalties for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Insurance.

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 855. By Representative Willard of the 49th:

A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to limit the amount of funds that can be transferred from one candidate's campaign account to certain other accounts; to change a certain definition; to reduce maximum campaign contributions; to remove provisions regarding automatic increases in the maximum allowable contributions to candidates based on the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Ethics.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 824 HB 826 HB 827 HB 828 HB 829 HB 830 HB 839 HB 841

HR 777 HR 778 HR 779 HR 820 HR 821 HR 824 SB 271 SB 280

Representative Scott of the 153rd District, Chairman of the Committee on Governmental Affairs, submitted the following report:

Mr. Speaker:

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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 70 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 94 Do Pass, by Substitute
Respectfully submitted, /s/ 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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 269 Do Pass SB 270 Do Pass
Respectfully submitted, /s/ Rynders of the 152nd
Chairman
The following report of the Committee on Rules was read and adopted:

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HOUSE RULES CALENDAR WEDNESDAY, APRIL 1, 2009

Mr. Speaker and Members of the House:

The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:
Day 39 Debate Special Rule

Pursuant to House Rules 33.3 and 81, after the first speaker has yielded the well, debate on each bill or resolution shall be limited to one hour.

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

SB 27 SB 49 SB 85 SB 114 SB 128 SB 144 SB 163 SB 172

Confederate Heritage/History Month; create; encourages observances/celebrations; provide statutory construction (SRules) Bulloch11th Georgia Registered Professional Nurse Practice Act; nursing education program requirements; revise certain provisions (Substitute)(H&HSLunsford-110th) Hawkins-49th Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties (Substitute)(Trans-Pruett-144th) Heath-31st Education; provide for transfer of students who are military dependents into a local school system (Ed-Smith-131st) Harbison-15th Motor Vehicles; option of owner; permanent license plates for boat, utility, noncommercial cattle/livestock trailers; provide for fees (MotV-Rice-51st) Shafer-48th Insurance Agent License; applicant shall be appointed by an authorized insurer prior to issuance of the license; repeal requirement (Ins-Rogers26th) Shafer-48th Human Resources Commissioner; authorize to appoint a diabetes coordinator (Substitute)(H&HS-Dempsey-13th) Balfour-9th Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions (JudyNC-Lunsford-110th) Hamrick-30th

WEDNESDAY, APRIL 1, 2009

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SB 201 SB 207 SB 246
SB 253

Health; provide voluntary contributions through individual income tax returns for cancer research (Substitute)(H&HS-Millar-79th) Balfour-9th Proceedings; admit general public to hearings in juvenile court with certain exceptions (Substitute)(JudyNC-Ramsey-72nd) Wiles-37th Courts; provide notice of the release of child from detention under certain circumstances; definitions (Substitute)(JudyNC-Sheldon-105th) Balfour9th Sparklers; provide a definition for the term "indoors" (Substitute)(PS&HSNeal-1st) Mullis-53rd

Modified Structured Rule

SB 133 SB 164 SB 178 SB 194 SB 195
SB 200

Health Share Volunteers in Medicine Act; provide certain compensation; health care provider; sovereign immunity protection (Substitute)(H&HSChannell-116th) Hawkins-49th State Highway System; signs and signals; height limitations; allow owners to obtain permits to remove vegetation from the viewing zones (Substitute)(Trans-Burns-157th) Balfour-9th Education; advance funding, exceptional growth, low-wealth capital outlay grants; embed/extend a sunset date (Ed-Ramsey-72nd) Moody-56th (Amendment # 21 3659) State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee (EU&T-May-111th) Chance-16th Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions (Substitute)(H&HSWilkinson-52nd) Chance-16th (Rules Committee Substitute) (Amendment # 36 0165) Transforming Transportation Investment Act; create State Transportation Agency; definitions; purposes; abolish State Road/Tollway Authority (Substitute)(Trans-Ralston-7th) Williams-19th (Rules Committee Substitute)

Structured Rule

SR 1
SR 153 SR 176

Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts - CA (W&M-Graves-12th) Rogers-21st (Rules Committee Substitute) Education Improvement Districts; provide creation and comprehensive regulation -CA (Substitute)(Ed-Setzler-35th) Weber-40th James H. Chandler, Jr. Memorial Intersection; dedicate (Substitute)(TransBryant-160th) Mullis-53rd

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Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Ehrhart of the 36th
Chairman
By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:
SB 269. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from Brantley County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
SB 270. By Senator Chapman of the 3rd:
A BILL to be entitled an Act to provide for a homestead exemption from Brantley County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to allow such exemption to continue to be received by a child or unremarried surviving spouse of a deceased individual; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previously read Bills.

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On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard
Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns E Butler Y Byrd Y Carter, A
Carter, B E Casas Y Chambers Y Channell Y Cheokas E Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C
Epps, J Y Everson E Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon
Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard E Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J
Jones, S Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Loudermilk Lucas E Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Marin
Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan E Morris Y Mosby Y Murphy Y Neal Y Nix
Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Ralston Y Ramsey Y Randall Y Reece E Reese Y Rice Y Roberts Y Rogers

On the passage of the Bills, the ayes were 142, nays 0.

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler
Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A E Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

The Bills, having received the requisite constitutional majority, were passed.

Representatives Carter of the 159th and Hatfield of the 177th stated that 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 Shaw of the 176th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 20. By Senators Pearson of the 51st, Rogers of the 21st, Seabaugh of the 28th, Williams of the 19th and Mullis of the 53rd:
A BILL to be entitled an Act 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 penalties; 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 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; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 165. By Senators Goggans of the 7th, Williams of the 19th, Hill of the 4th, Hawkins of the 49th and Hill of the 32nd:
A BILL to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to authorize the Department of Community Health to obtain income eligibility verification from the Department of Revenue for applicants for Medicaid and the PeachCare for Kids Program; 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 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:
A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall

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not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute to the following resolution of the Senate:
SR 333. By Senators Powell of the 23rd, Tolleson of the 20th, Tarver of the 22nd, Jackson of the 24th, Hudgens of the 47th and others:
A RESOLUTION honoring the memory of the late Lamar Mobley by naming a barn on the Di-Lane Plantation Wildlife Management Area after him; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills of the House:
HB 326. By Representatives Lane of the 158th, Knight of the 126th, Williams of the 165th, Burns of the 157th, Dobbs of the 53rd and others:
A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to change certain provisions relating to effective periods of hunting, fishing, and trapping licenses generally; to amend an Act to amend Title 27 of the O.C.G.A., approved March 10, 1992 (Ga. L. 1992, page 470), so as to delete certain provisions relating to reduction of game and fish license, permit, tag, and stamp fees; to amend an Act to amend Title 27 of the O.C.G.A., approved June 3, 2003 (Ga. L. 2003, page 654), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to amend an Act to amend Article 1 of Chapter 2 of Title 27 of the O.C.G.A., approved May 5, 2005 (Ga. L. 2005, page 517), so as to repeal and delete certain provisions relating to game and fish license, permit, tag, and stamp fees and an effective date; to repeal conflicting laws; and for other purposes.
HB 358. 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 taxation, so as to extend the periods of exemption for use of food for hunger relief purposes and use of food donated for disaster relief purposes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 364. By Representatives Stephens of the 164th, Burkhalter of the 50th and Fludd of the 66th:
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 regarding the sale or use of an airplane flight simulation training device approved by the Federal Aviation Administration under Appendices A and B, 14 C.F.R. Part 60; to repeal conflicting laws; and for other purposes.
HB 368. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 159th, Harden of the 147th and Parham of the 141st:
A BILL to be entitled an Act to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedule II, 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 440. By Representatives Anderson of the 117th, May of the 111th, Rogers of the 26th, Roberts of the 154th and Baker of the 78th:
A BILL to be entitled an Act to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions concerning public utility and public transportation matters, so as to provide that state government endorsed 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.
HB 444. By Representatives Knight of the 126th and O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for civil penalties and injunctive relief regarding certain tax return preparers; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 662. By Representatives Chambers of the 81st and Martin of the 47th:
A BILL to be entitled an Act to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to create the Capitol Police Division; to provide for personnel and duties; to

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provide for funding; to provide for the off-duty use of official vehicles; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to define a certain term; to provide for duties of certain employees of the Department of Public Safety; to repeal certain security duties of janitors and watchmen in public buildings; to make certain provisions relative to denying entrance to the capitol and other public property; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 667. By Representative Allison of the 8th:
A BILL to be entitled an Act to amend Article 15 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital acquisition, so as to change certain provisions relating to content and form of notice to the Attorney General, fees, and retention of experts; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following resolution of the House:
HR 338. By Representatives Smith of the 70th, Parsons of the 42nd, May of the 111th, Anderson of the 117th, Drenner of the 86th and others:
A RESOLUTION expressing the support of the General Assembly for development of Georgia's energy resources, both on land and offshore, in a balanced manner which promotes this state's economy and energy independence while respecting the natural environment and protecting it for future generations; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 193. By Representatives Graves of the 12th, Casas of the 103rd, Maxwell of the 17th, May of the 111th, Benton of the 31st and others:
A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 464. By Representatives Reece of the 11th, Hill of the 21st, Jerguson of the 22nd, Greene of the 149th, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 475. By Representatives Cooper of the 41st, Harbin of the 118th, Lindsey of the 54th, Houston of the 170th, Wilkinson of the 52nd 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 revise certain provisions relating to requirements for registered professional nurses in nontraditional nursing education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 476. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, so as to provide that certain provisions relating to continued employment or reemployment shall not apply to certain members; to repeal conflicting laws; and for other purposes.
HB 581. By Representatives Coan of the 101st, May of the 111th, Horne of the 71st, Marin of the 96th, Reese of the 98th and others:

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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 protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to establish a credit to employers for hiring unemployment claimants; to provide for the Georgia Works program to assist recipients of unemployment compensation in obtaining new job skill training; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; to provide for related matters; 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 bill of the House:
HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; 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 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:
A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to

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provide for other 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: Chance of the 16th, Rogers of the 21st, and Seabaugh of the 28th.

The following members were recognized during the period of Morning Orders and addressed the House:

Smith of the 168th, Martin of the 47th, Benton of the 31st, Benfield of the 85th, Frazier of the 123rd, and Smyre of the 132nd.

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 49.

By Senators Hawkins of the 49th, Thomas of the 54th, Hudgens of the 47th, Cowsert of the 46th, Butterworth of the 50th 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 revise certain provisions relating to nursing education program requirements for registered professional nurses; 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 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to limit a pharmacist from substituting a drug as part of immunosuppressive therapy; 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:
"26-4-81.1. A pharmacist shall not engage in drug product selection or substitution of any primary immunosuppressant pharmaceutical that is prescribed as a part of immunosuppressive

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therapy for a patient who has received an organ or tissue transplant without first notifying the patient or his or her designee. The pharmacist shall notify the prescribing physician prior to the substitution by means of phone, facsimile, or electronic transmission. The prescribing physician shall indicate on the prescription the diagnosis 'for organ or tissue transplant patient.'"

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser Y Keen Y Keown Y Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan E Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A E Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 160, nays 1.
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 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th:
A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representative Millar of the 79th moves to amend SB 178 by striking lines 1 through 69 and inserting in lieu thereof the following:
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 temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; 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

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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 the inclusion of bilingual endorsements on high school transcripts; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 revising subsection (h) of Code Section 20-2-260, relating to capital outlay funds generally, as follows:
"(h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following:
(1) Extraordinary growth of student population in excess of the capacity of existing facilities; (2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section; (3) Replacement of educational facilities which have been certified as hazards to health or safety; (4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section; (C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met.

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This subsection shall be automatically repealed on June 30, 2011."
SECTION 2. Said article is further amended in Code Section 20-2-260, relating to capital outlay funds generally, by adding a new paragraph to subsection (j) to read as follows:
"(7) This subsection shall be automatically repealed on June 30, 2011."
SECTION 3. Said article is further amended in Code Section 20-2-262, relating to low-wealth capital outlay grants to local school systems, by adding a new subsection to read as follows:
"(e) This Code section shall be automatically repealed on June 30, 2011."
SECTION 4. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing Section 1 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 21 of such Act in its entirety.
SECTION 5. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing Section 2 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 23 of such Act in its entirety. (3) An Act approved April 22, 1999 (Ga. L. 1999, p. 400), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on June 30, 2002."
SECTION 6. Said article is further amended by revising Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, by adding a new subsection to read as follows:
"(f)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to direct instructional costs, media center costs, and staff and professional development costs shall be waived and shall not apply to nor be enforceable against a local school system. (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to

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this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010."
SECTION 7. Said article is further amended by revising Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows:
"20-2-184.1. (a) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level. Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds.
(b)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to additional days of instruction shall be waived and shall not apply to nor be enforceable against a local school system. (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010."
SECTION 8. Said article is further amended by adding a new part to read as follows:

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"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.'
20-2-326. For purposes of this part, the term:
(1) 'Articulation' means agreement between a high school and a postsecondary institution regarding the awarding of both secondary and postsecondary credit for a dual enrollment course. (2) '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 or the Georgia Charter Schools Commission in accordance with Article 31A 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. (3) '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. (4) 'Chronically low-performing high school' means a public high school in this state with a graduation rate less than 60 percent for three consecutive years, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data or that has not made adequate yearly progress for three consecutive years, as defined by the Office of Student Achievement. (5) '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. (6) 'Graduation plan' means a student specific plan developed in accordance with paragraph (7) of subsection (a) of Code Section 20-2-327 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.

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(7) '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. (8) 'Public college or university' means a two-year or four-year college, university, or other institution under the auspices of the Board of Regents of the University System of Georgia. (9) '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 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. (10) 'Technical school or college' means a school, college, institution, or other branch of the Technical College System of Georgia.
20-2-327. (a)(1) The Department of Education shall develop focused programs of study in high demand, high skill, and high wage academic and career fields in accordance with a phase-in schedule as determined by the state board. (2) Focused programs of study 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 focused programs of study the flexibility for a student to pursue courses at the school of attendance, at a technical school or college, at a public college or university, at a work site under an apprenticeship cooperative

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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 committee which includes high school teachers; school counselors; representatives from the Board of Regents of the University System of Georgia, the Technical College System of Georgia, the Governor's Office of Workforce Development, and employers; and others as deemed appropriate by the department. These committees shall develop and recommend a focused program of study which blends academic and technical content developed around college and career readiness standards with real world problems and projects for students. Recommendations shall include state-wide articulation and dual enrollment courses between local school systems and postsecondary institutions to provide seamless pathways for adequately prepared high school students to move directly into postsecondary education. The committees shall develop measures to certify equivalency in content and rigor for all state-wide articulation and dual enrollment courses and shall follow related policies and procedures established by the Department of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education for awarding articulation and dual enrollment credit which shall be based on students qualifying to enroll in credit bearing postsecondary courses. (5) Student performance at the advanced proficiency/honors level on any assessments required for purposes of high school graduation shall be recognized as: (1) meeting postsecondary entrance test requirements, and (2) qualifying students to enroll in credit-bearing postsecondary course work in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (6) Secondary and postsecondary credit shall be awarded immediately upon successful completion of any articulated or dual enrollment course in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (7) Beginning with the 2009-2010 school year, students in the sixth, seventh, and eighth grades shall be provided counseling, advisement, career awareness, career interest inventories, and information to assist them in evaluating their academic skills and career interests. Before the end of the second semester of the eighth grade, students shall select a preferred focused program of study and develop an individual graduation plan in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee. High school students shall be provided guidance, advisement, and counseling annually that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to postsecondary study, further training, or employment. An individual graduation plan shall:

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(A) 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; (B) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (C) Align educational and broad career goals and a student's course of study; (D) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (E) Include experience based, career oriented learning experiences which may include, but not be limited to, internships, apprenticeships, mentoring, co-op education, and service learning; (F) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (G) 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 (H) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (8) The Department of Education shall provide training for 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 middle or high school. (9) No later than July 1, 2011, the State Board of Education, in collaboration with the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall establish a process for certifying all focused 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 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. (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 (d) 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:

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(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 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 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. (c) No later than July 1, 2010, the State Board of Education shall promulgate rules and regulations for chronically low-performing high schools receiving a reform grant pursuant to subsection (d) of this Code section to make the high schools more relevant

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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) 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 high schools pursuant to this part. The state board shall establish program requirements in accordance with the provisions of this part and 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 (d) 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 or a public college or university, 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) Provide students in the ninth through twelfth grades information on educational programs offered in high school, in technical and community colleges, in colleges and

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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 revising, if appropriate, the individual graduation plan developed pursuant to paragraph (7) of subsection (a) of Code Section 20-2-327; (4) Enroll students no later than ninth grade into one of the following options for earning a high school diploma and preparing students for postsecondary education and a career which will include a structured program of academic study with in-depth studies in:
(A) Mathematics and science; (B) Humanities, fine arts, and foreign language; or (C) 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. 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, 2010, 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, 2020, with annual incremental targets.

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20-2-329.1. (a) 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. (b) 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.
20-2-329.3. It is the intent of the General Assembly that it is strongly discouraged that this part be waived by the State Board of Education pursuant to Article 4 of this chapter, Code Section 20-2-244, or Code Section 20-2-2065."
SECTION 9. 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 consider the passage by a student of an employer or industry certification examination or a state licensure examination which is approved by the State Board of Education when considering whether to grant such student a variance for one or more portions of the high school graduation test required by the State Board of Education pursuant to subsection (a) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant portion of the high school graduation test at least three times."
SECTION 10. Said article is further amended by adding a new Code section to read as follows:
"20-2-151.3. (a) No later than July 1, 2011, the State Board of Education shall establish requirements for the inclusion of bilingual endorsements on the high school transcripts of graduating seniors who receive a passing grade on an approved test to demonstrate bilingual skills. (b) Local boards of education shall indicate that a student has received a bilingual endorsement on the transcript of any such student who has received a passing grade on a test approved by the State Board of Education pursuant to subsection (a) of this Code section."
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker
Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, as amended, the ayes were 164, nays 1.

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A E Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Bill, having received the requisite constitutional majority, was passed, as amended.

Due to a mechanical malfunction, the vote of Representative Barnard of the 166th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st:
A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; 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 25, Title 26, and Title 43 of the Official Code of Georgia Annotated, relating to fire protection and safety, food, drugs, and cosmetics, and professions and businesses, respectively, so as to provide for the regulation of certain professions and businesses; to provide for definitions; to provide for an exception to certain provisions regarding requiring an architect's seal for certain plans and specifications for all buildings; to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change the definition of the term "electronic data prescription drug order"; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; to change certain provisions relating to veteran examinations; to provide for notification of current laws, rules, and regulations and standards of conduct relating to the practice of architecture; to clarify the types of construction projects within planned or existing structures for which documents may be prepared, certified, and submitted for building permits by a Georgia registered interior designer; to provide that the service upon the division director on behalf of the State Board of Barbers or the State Board of Physical Therapy shall be at his or her office; to change certain provisions regarding the training, utilization, and licensing of apprentices in barbershops; to revise certain provisions relating to the record of revocation of chiropractic licenses; to change certain provisions relating to the rules and regulations as to sanitary requirements and inspections relative to cosmetologists; to revise certain requirements for application for low-voltage electrical contracting licenses; to require the examination for the land surveyor-intraining certificate be board approved; to change provisions as to notice of meetings of the State Board of Hearing Aid Dealers and Dispensers; to revise the general powers and duties of the State Board of Hearing Aid Dealers and Dispensers and the division director; to change certain provisions relating to the issuance of licenses relative to

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hearing aid dealers and dispensers; to amend provisions relating to the qualifications and examination of hearing aid dispenser apprentices; to provide for notice to the hearing aid dealer licensee or permit holder; to change certain provisions relating to fees for licensure of landscape architects; to provide that applicants for licensure as dispensing opticians may be required to pass a board approved examination; to change certain provisions relating to examinations and examination fees relative to dispensing opticians; to amend certain provisions as to continuing education requirements relative to license renewals of dispensing opticians; to change certain provisions relating to examinations for licenses to practice podiatric medicine; to change certain provisions relating to the examination of applicants and appeals relative to psychologists; to provide for continuing eligibility for licensure without examination for residential and general contractors under certain circumstances; to change certain provisions relating to the test an applicant for a used motor vehicle and parts dealer license must pass; to provide for board approved examinations for applicants for certification as operators or laboratory analysts of treatment plants; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by revising Code Section 25-2-1, relating to "commissioner" defined, as follows:
"25-2-1. As used in this chapter, the term:
(1) 'Commissioner' means the Safety Fire Commissioner. (2) 'Proposed building' means any new structure or substantial renovation. (3) 'Substantial renovation' means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation."
SECTION 2. Said title is further amended by revising paragraph (1) of subsection (a) and subsection (d) of Code Section 25-2-14, relating to buildings presenting special hazards to persons, as follows:
"(a)(1) Notwithstanding the provisions of paragraph (5) of subsection (b) of Code Section 43-4-14, plans Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started. All such plans and specifications submitted as required by this subsection shall be accompanied by a fee

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in the amount provided in Code Section 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner." "(d) For purposes of this chapter, any existing building or structure listed in paragraph (1) of subsection (b) of Code Section 25-2-13 and which comes under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be deemed to be a proposed building in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy. For purposes of this subsection, the term 'substantial renovation' means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation."
SECTION 3. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by revising paragraph (14.1) of Code Section 26-4-5, relating to definitions relative to pharmacists and pharmacies, as follows:
(14.1) 'Electronic data prescription drug order' means any digitalized prescription drug order transmitted to a pharmacy, by a means other than by facsimile, which contains the secure, personalized digital key, code, number, or other identifier used to identify and authenticate the prescribing practitioner in a manner required by state laws and board regulations and includes all other information required by state laws and board regulations. Electronic data prescription drug order also includes any digitalized prescription drug order transmitted to a pharmacy that is converted into a visual image of a prescription order during the transmission process, received by the pharmacy through a facsimile, and includes the practitioner's electronic signature."
SECTION 4. Said title is further amended by revising subsections (a) and (b) of Code Section 26-4-41, relating to qualifications for license, examination, and internships and other training programs relative to pharmacists and pharmacies, as follows:
"(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:
(1) Have submitted a written an application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evaluate a school or college of pharmacy located in another country, the board may accept a graduate from such a school or college as so long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include successful completion of all

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required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the applicant's educational experience, professional background, and proficiency in the English language; (5) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board; (6) Have successfully passed an examination or examinations approved by the board; and (7) Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license. (b) Examinations. (1) The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be made available by the board at least two times during each year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination;. (2) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination; and. (3) Any person who takes the board approved examination and fails the examination may repeat the examination at regular intervals of administration; however, a person may not take the examination more than three times without permission from the board. A person who has taken the board approved examination and failed the examination for the third time may not practice as a pharmacy intern. A person who takes the board approved examination and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid."
SECTION 5. Said title is further amended by revising subsection (c) of Code Section 26-4-42, relating to license transfers for pharmacists licensed in another jurisdiction relative to pharmacists and pharmacies, as follows:
"(c) To obtain a license to engage in the practice of pharmacy in this state, a pharmacist who is a graduate of a pharmacy school or college located in another country must complete all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful completion of all required examinations and the issuance of the equivalency certificate, and an individual evaluation by the board of the applicant's proficiency in the English language. Additionally, a foreign pharmacy graduate applicant shall:
(1) Have submitted a written an application in the form prescribed by the board; (2) Have attained the age of majority;

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(3) Be of good moral character; (4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state; (5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee; (6) Have successfully passed an examination approved by the board; and (7) Have paid the fees specified by the board."
SECTION 6. Said title is further amended by revising subsection (a) of Code Section 26-4-46, relating to pharmacy interns, eligibility, and requirements for licenses, as follows:
"(a) To obtain a license as a pharmacy intern, an applicant shall: (1) Have submitted a written an application in the form prescribed by the board of pharmacy; (2) Have attained the age of majority; (3) Be of good moral character; and (4) Have paid the fees specified by the board for the issuance of the license."
SECTION 7. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (j) of Code Section 43-1-2, relating to appointment and general powers of division director, members and meetings of professional licensing boards, examination standards, roster of licenses, and funding, as follows:
"(j) The division director shall may establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards shall may include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards."
SECTION 8. Said title is further amended by revising Code Section 43-1-9, relating to point credit for veterans taking examination given by professional licensing boards, as follows:

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"43-1-9. Any applicant taking an examination given required by any professional licensing board except the State Board of Accountancy shall receive points in the following manner:
(1) Any applicant who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, for a period of one year or more, of which at least 90 days were served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; (2) Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of five points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at less than 10 percent at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; and (3) Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of ten points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at 10 percent or above at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination."
SECTION 9. Said title is further amended by revising Code Section 43-1-10, relating to credit to veteran's grades when examination given in parts or by subject, as follows:
"43-1-10. If an examination given by a professional licensing board is given required in parts or by subjects and the applicant is required to make a minimum grade on each of the parts or subjects, the points to which the applicant is entitled shall be added to the grade made on each part or subject before the average of his or her grade on all of the parts or subjects is determined."

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SECTION 10. Said title is further amended by revising Code Section 43-1-11, relating to veteran's examination to be graded prior to determination of eligibility for credit, as follows:
"43-1-11. A person grading an examination given required by a professional licensing board shall first grade the examination without reference to veteran credit, determining thereafter from the proof submitted whether an applicant is a veteran and is entitled to such credit; if so, the credit shall be added; and if after such addition the applicant equals or exceeds the grade required to pass the examination, the applicant shall be entitled to be certified as having passed the examination."
SECTION 11. Said title is further amended by revising subsection (b) of Code Section 43-4-9, relating to adoption of rules, regulations, and standards of conduct and utilization of the Internet relative to architects, as follows:
"(b) The board shall post all current laws, rules, regulations, and standards of conduct relating to the practice of architecture in this state on the board's official website. The board shall also provide on the website notification of recent changes in such laws, rules, regulations, or standards and information pertaining to disciplinary actions taken by the board. Individual notice of changes in such laws, rules, regulations, or standards shall be sent by the board at least once a year to each registered architect and building official. Individual notice may be sent by e-mail or regular mail."
SECTION 12. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 43-4-14, relating to the practice of architecture, qualifications and registration, exempt structures and persons, design-build contracts, predesign services, and construction contract administration services, as follows:
"(5) Nonload-bearing interior construction in existing or planned office structures which were designed by a registered architect, where drawings and specifications are prepared by a Georgia registered interior designer who also submits to the responsible building official a notarized and signed statement on letterhead from a person in a position of authority within the interior design firm certifying that the plans and specifications as submitted are in full compliance with the current building codes, fire codes, accessibility laws, and regulations in effect."
SECTION 13. Said title is further amended by revising Code Section 43-7-7, relating to board meetings, secretary of the board, service of process and documents, and records relative to barbers, as follows:
"43-7-7. The board shall meet at least six days a year but shall not meet more than 36 days in one year. All meetings shall be open to the public except that the board may hold

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restricted attendance sessions to prepare, give, and grade examinations and to deliberate in connection with the decision in a contested case. The division director shall be secretary of the board and, in addition to his or her duties as prescribed by Code Section 43-1-3, shall perform such other administrative duties as may be prescribed by the board. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office in Atlanta. All official records of the board, or affidavits by the division director as to the content of such records, shall be prima-facie evidence of all matters required to be kept therein."
SECTION 14. Said title is further amended by revising Code Section 43-7-12, relating to requirements for license to operate a barbershop, as follows:
"43-7-12. A license to operate a barbershop shall be issued, renewed, or restored to any person who can show that such barbershop:
(1) Provides and maintains such physical and sanitary facilities and equipment as may be required by the rules and regulations of the board; (2) Does not train more than one apprentice at any one time, which apprentice shall be under the supervision of a master barber Trains and utilizes apprentices in a manner and number as required by the board; and (3) Does business only at the location shown on the application for licensure."
SECTION 15. Said title is further amended by revising subsection (a) of Code Section 43-7-16, relating to requirement for license as apprentice barber and limitation on renewal, as follows:
"(a) A license to practice barbering as an apprentice shall be issued to any person applicant who shall furnish the board evidence that such applicant:
(1) Evidence that he will Will practice under the supervision of a licensed barber with at least 18 months' experience in the practice of barbering; and (2) Evidence that he has completed the fifth grade of school instruction or its equivalent Is 16 years of age or older."
SECTION 16. Said title is further amended by revising subsections (a), (b), and (c) of Code Section 439-7, relating to qualifications of applicants for license to practice chiropractic, as follows:
"(a) Any person wishing to practice chiropractic in this state shall make written application to the board through the division director in such form as may be adopted and directed by the board. (b) Application shall be in writing and shall be signed by the applicant in his own handwriting; shall be sworn to before some officer authorized under the laws to administer oaths; The application shall recite the history of the applicant's educational qualifications, how long he has studied chiropractic, what collateral branches, if any, he

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has studied, and the length of time he has engaged in clinical practice, with proof thereof in the form of diplomas, certificates, etc.;, and shall accompany the application with satisfactory evidence of good character and reputation. (c) Each applicant shall send provide with his application an application fee in an amount established by the board."
SECTION 17. Said title is further amended by revising Code Section 43-9-14, relating to record of license revocation relating to chiropractors, as follows:
"43-9-14. In all cases wherein a license has been revoked and no appeal has been taken within the time allowed by law, it shall be the duty of the division director, immediately after the expiration of the time allowed for appeal, to transmit to the clerk of the superior court in whose office the revoked license is recorded a copy of the order of the board revoking the license, certified by the division director, and it shall be the duty of the clerk to cancel the record of the license by entering upon the face thereof a copy of the certified order. In cases wherein appeal proceedings are had and not sustained, the revoked license shall be canceled in the manner provided in this Code section immediately after the final termination of such case. Reserved."
SECTION 18. Said title is further amended by revising Code Section 43-10-6, relating to rules and regulations as to sanitary requirements, instruction on HIV and AIDS, inspections, and unsanitary conditions as nuisances relative to cosmetologists, as follows:
"43-10-6. (a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care, subject to the approval of the Department of Human Resources, and to cause the rules and regulations or any subsequent revisions to be in suitable form., and to transmit a copy thereof The board shall make the rules and regulations available to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, school of hair design, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon, school of cosmetology, school of esthetics, school of hair design, and school of nail care 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 Secretary of State shall have the power to enter and make reasonable examination of any beauty 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.

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(d) Any beauty 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."
SECTION 19. Said title is further amended by revising subsection (c) of Code Section 43-14-8.1, relating to license requirement for low-voltage electrical contracting, businesses conducted by partnerships, limited liability companies, and corporations, and applications relative to electrical contracting, as follows:
"(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application prior to and including December 31, 1984, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a state-wide Low-voltage Contractor Class LVA, LV-G, LV-U, or LV-T license without examination. An individual desiring to obtain Low-voltage Contractor Class LV-T shall submit to the division an affidavit sworn before a notary public which outlines the experience of said individual in the practice of low-voltage wiring relating to telecommunication systems. An individual desiring to obtain a Low-voltage Contractor Class LV-A license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm systems. An individual desiring to obtain a Low-voltage Contractor Class LV-G license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to general systems. Each such affidavit for licensure shall describe in detail the installation of at least three complete low-voltage wiring jobs which shall demonstrate that the individual has successfully performed low-voltage wiring in the area of licensure requested for a period of at least one year immediately prior to the time of application. An individual desiring to obtain a Low-voltage Contractor Class LV-U license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm and telecommunication systems and which describes in detail the installation of at least six complete low-voltage wiring jobs, three in alarm and three in telecommunication systems, which shall demonstrate that the individual has successfully performed lowvoltage wiring in those areas for a period of at least one year immediately prior to the time of application."
SECTION 20. Said title is further amended by revising Code Section 43-15-12, relating to land surveyor-in-training certificate and eligibility, as follows:
"43-15-12. To be eligible for certification as a land surveyor-in-training, an applicant must meet the following minimum requirements:
(1)(A) Earn a bachelor's degree in a curriculum approved by the board; or

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(B) Earn an associate degree, or its equivalent, in a curriculum approved by the board and acquire not less than two years of combined office and field experience in land surveying of a nature satisfactory to the board; or (C) Earn a high school diploma, or its equivalent, and acquire not less than four years' experience in land surveying of a nature satisfactory to the board; and (2) Acquire a minimum of 15 quarter hours' credit, or its equivalent, in land surveying subjects in a course of study approved by the board; provided, however, that on and after January 1, 1995, the minimum requirement shall be 20 quarter hours' credit, five of which shall be in hydrology; and (3) Subsequently pass the board's written board approved examination in the fundamentals of land surveying (land surveyor-in-training examination)."
SECTION 21. Said title is further amended by revising subsection (c) of Code Section 43-18-41, relating to qualifications of embalmer or funeral director applicants, as follows:
"(c) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license; shall furnish an affidavit which lists the names of the 50 funerals at which the apprentice assisted as provided in Code Section 43-18-50; and, effective January 1, 1991, must pass a written an examination approved by the board which tests knowledge of the law of this state relating to funeral directors."
SECTION 22. Said title is further amended by revising paragraph (1) of subsection (a) Code Section 4318-42, relating to reciprocity and examination upon meeting qualifications relative to funeral directors and establishments, as follows:
"(1)(A) On or after January 1, 1991, such person successfully passes a written an examination approved by the board which tests knowledge of the law of this state relating to funeral directors; and (B) Such person satisfied in another state, territory, country, or District of Columbia the requirements for licensure which are:
(i) In effect in Georgia on the date of application; or (ii) Substantially equal to the requirements for a similar license in Georgia; or"
SECTION 23. Said title is further amended by revising subsection (b) of Code Section 43-20-5, relating to meetings, reimbursement of members, and notice of meetings relating to the State Board of Hearing Aid Dealers and Dispensers, as follows:
"(b) The division director shall notify each member of the board by certified mail or statutory overnight delivery not less than ten days in advance of the time and place of any meeting of the board."

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SECTION 24. Said title is further amended by revising Code Section 43-20-6, relating to general powers and duties of the State Board of Hearing Aid Dealers and Dispensers and the division director, as follows:
"43-20-6. (a) The board shall have the responsibility and duty of administering and enforcing this chapter. The board shall be responsible for preparing the examinations required by this chapter; and the division director shall assist the board in carrying out this chapter. The board shall have the power to establish and to revise minimal procedure and equipment requirements which shall be used in the dispensing of hearing aids. (b) The board shall:
(1) Authorize, with the advice of the division director, all disbursements necessary to carry out this chapter and the rules and regulations promulgated by the board; (2)(1) Supervise the issuance of licenses and administer qualifying examinations; (3)(2) License persons who make proper application to the division director and who meet the qualifications for licensure; (4) Purchase and maintain or rent facilities necessary to carry out the examination of applicants as provided in this chapter; (5)(3) Issue and renew licenses; (6)(4) Suspend, revoke, or otherwise sanction licenses in the manner provided in this chapter; (7)(5) Appoint representatives to conduct or supervise examinations; and (8)(6) Provide to each licensed dealer Make available to the public a copy of this chapter, any amendments thereto, and all adopted rules. (c) The division director shall be guided by the recommendations of the board in all matters relating to this chapter and shall assist the board in carrying out this chapter. (d) In the administration and enforcement of this chapter, the board shall have the power to adopt reasonable rules and regulations not inconsistent with this chapter and the Constitution and laws of this state or of the United States for governing its times and places of meetings; for organization and reorganization; for the holding of examinations; for governing all other matters requisite to the exercising of its powers; for the performance of its duties relating to examinations; for granting, suspending, revoking, or otherwise sanctioning licenses; and for the transaction of its business under this chapter. (e) The board may provide, by regulation, for the general scope of the examination described in Code Section 43-20-9. The board may approve the examination and obtain advice and assistance in providing for and grading such examination; and the division director may contract with third parties to perform administrative services related to the examination as he or she deems appropriate."
SECTION 25. Said title is further amended by revising subsection (b) of Code Section 43-20-8, relating to issuance of licenses and fees relative to hearing aid dealers and dispensers, as follows:

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"(b) The board may issue a dispenser's license to an applicant only when the applicant has satisfactorily completed an a board approved examination administered under the direction of the board and when proof of age has been verified. The license shall authorize the holder to dispense hearing aids under the general supervision of a licensed dealer."
SECTION 26. Said title is further amended by revising Code Section 43-20-9, relating to qualifications, examinations, and apprentice dispensers relative to hearing aid dealers and dispensers, as follows:
"43-20-9. (a) An applicant may obtain a license by successfully passing a qualifying board approved examination administered by the board, provided that the applicant:
(1) Is at least 18 years of age; and (2) Is of good moral character. (b) The division director shall schedule at least four examinations each year, one of which will be in each calendar quarter. (c) The division director shall schedule every Every apprentice dispenser who has held the permit over 30 days shall be scheduled to stand for the written examination at every scheduled examination until all sections have been passed, the permit has been revoked by the board, or the permit has expired. The board shall have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to stand for the examination. The board shall also have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to pass the written portion of the examination on two occasions. The board may include the fee for an initial examination as a condition for approval of an applicant for an apprentice dispenser's permit. (d) Each applicant desiring to become licensed as a dispenser, other than holders of apprentice dispensers' permits, shall make application for examination to the division director, accompanied by the examination fee as provided by the board in its rules and regulations. (e) The qualifying examination shall be compiled by or at the direction of the board. (f)(c) The board shall establish uniform criteria for passing and failing candidates."
SECTION 27. Said title is further amended by revising Code Section 43-20-12, relating to notice to division director of place of practice and identification of dispensers, apprentice dispensers, and trainees, and notice to holders of licenses and permits, as follows:
"43-20-12. (a) A person holding a dealer's license shall notify the division director in writing of the regular addresses of places of business operated by the dealer for dispensing hearing aids. Furthermore, the dealer is required to notify the division director in writing as to the names and license or permit numbers of all dispensers, apprentice dispensers, and

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trainees employed or otherwise practicing at each of his or her places of business. The dealer is required to notify the division director in writing of any changes of the foregoing within seven calendar days of such change. Any failure shall be considered a violation of this chapter by the dealer. (b) Any notice required to be given by the division director or by the board to any person who holds a license or permit issued by the board shall be mailed to such licensee or permit holder by certified mail or statutory overnight delivery to the address of the place of practice last recorded with the division director; and such mailing shall constitute sufficient notice to such licensee."
SECTION 28. Said title is further amended by revising subsection (a) of Code Section 43-23-8, relating to examination fee, issuance of licenses, biennial renewal of licenses, renewal fee, and effect of nonpayment of check submitted as license fee relative to landscape architects, as follows:
"(a) Every applicant for licensure as a landscape architect shall submit with his or her application for such licensure a fee in an amount established by the board, which shall be sufficient to cover the costs of examination. If the applicant successfully passes the examination and is otherwise qualified for licensure as a landscape architect, the board shall thereafter, upon payment of a license fee to be determined by the board, issue a license to the applicant, which shall be valid for up to two years and shall be renewable biennially. All licenses shall expire on the renewal date established by the division director. The biennial license renewal fees shall be an amount established by the board."
SECTION 29. Said title is further amended by revising Code Section 43-28-9, relating to qualifications of license applicants and waiver relative to occupational therapists, as follows:
"43-28-9. (a) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file written an application, on forms provided by the board, showing to the satisfaction of the board that such applicant meets the following requirements:
(1) Is of good moral character; (2) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills. For an occupational therapist or occupational therapy assistant, such a program shall be accredited by a recognized accrediting agency acceptable to the board. Other comparable educational programs such as those approved by the World Federation of Occupational Therapists may be recognized by the board upon evaluation of detailed program and course content;

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(3) Has successfully completed a period of supervised field work experience at a recognized educational institution or a training program accredited as provided in paragraph (2) of this Code section subsection. For an occupational therapist, a minimum of six months of supervised field work experience is required. For an occupational therapy assistant, a minimum of two months of supervised field work experience is required; and (4) Has passed an examination as provided for in Code Section 43-28-10. (b) An applicant not meeting the requirements of subsection (a) of this Code section must indicate to the board that he or she has obtained a waiver of such requirements pursuant to Code Section 43-28-11."
SECTION 30. Said title is further amended by revising subsection (e) of Code Section 43-29-7, relating to license requirements, qualifications of applicants, subjects to be listed on examination, and issuance and display of license relative to dispensing opticians, as follows:
"(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."
SECTION 31. Said title is further amended by revising Code Section 43-29-8, relating to examination, examination fee, and the effect of failure of two examinations relative to dispensing opticians, as follows:
"43-29-8. (a) Examination of applicants An applicant applying for a license to practice the trade or occupation of dispensing optician shall be required to pass a board approved examination made by the board according to the methods and covering subject matter deemed by the board to be the most practical and expeditious to test the applicant's specific job performance requirements. Such examinations shall be written. (b) There shall be paid to the division director by each applicant for a license an examination fee in an amount determined by the board, which fee shall accompany the application for examination. (c) Failure to pass a satisfactory examination shall not prevent any applicant from participating in subsequent examinations before the board upon complying with this chapter, but any applicant who has failed two examinations shall not be permitted to take any further examination for licensure under this chapter until such applicant has furnished sufficient proof of having taken such additional education and training as shall be required by the board."

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SECTION 32. Said title is further amended by revising Code Section 43-29-11, relating to continuing education requirement, waiver, and effect of failure to complete required course hours relative to dispensing opticians, as follows:
"43-29.11. (a) Each person who holds a license as a dispensing optician shall be required to complete ten hours of continuing education prior to each renewal of such license. (b) With his or her application for license renewal, each licensed dispensing optician must shall submit a certificate or certificates of attendance for an affidavit of course hours completed as proof that his or her education requirements have been satisfied. The board shall give credit for any course given by any recognized national, regional, or state dispensing society or association if such course increases the education of a dispensing optician and is made available to all licensed opticians on a reasonably nondiscriminatory fee basis. The board may also approve, in accordance with the objectives of this chapter, other courses held within or outside of this state which are available to all persons on a reasonably nondiscriminatory fee basis. Any group of ten or more licensed opticians may arrange for an educational course and request board approval thereof. Any such request shall be made at least 90 days prior to the proposed date of the course and shall include full details as to the contents of the course, the instructors, and the charge to be made for attendance, as well as any other information which the board may require. The board shall endeavor to act upon any request for approval at least 45 days prior to the proposed date therefor and shall thereupon notify all licensed opticians of the time, place, contents, and charges for any such approved course. The certificate of attendance required under this chapter Code section shall be issued to the optician upon completion of the approved course. Credit will shall be allowed on the basis of an hour for an hour. To receive one hour of credit, one must attend one full hour. No fractional hour credits will shall be allowed. (c) The board may waive the requirements of this Code section for any license period for any dispensing optician upon proof of such optician's hardship or disability, provided that such optician's license may be revoked upon failure of the licensee to complete the required number of hours, not to exceed 20 hours, of continuing education within 12 months immediately following renewal. (d) A dispensing optician failing to complete the course hours required under this Code section shall have his or her license restored upon proof of subsequent completion of required course hours and, except in the case of a waiver granted under subsection (c) of this Code section, upon payment of a penalty fee in an amount established by the board."
SECTION 33. Said title is further amended by revising Code Section 43-33-9, relating to division director as secretary of board, subpoena power, service of process and documents, and official records as prim-facie evidence relative to physical therapists, as follows:

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"43-33-9. The division director shall be secretary of the board and shall perform such other administrative duties as may be prescribed by the board. In a contested case, the division director on behalf of the board shall have the power to subpoena, throughout the state, witnesses, designated documents, papers, books, accounts, letters, photographs, objects, or other tangible things. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office in Atlanta. All official records of the board or affidavits by the division director certifying the content of such records shall be prima-facie evidence of all matters required to be kept therein."
SECTION 34. Said title is further amended by revising 43-35-12, relating to eligibility for license relative to podiatry practice, as follows:
"43-35-12. A license to practice podiatric medicine shall be issued to any person who:
(1) Is a graduate of an accredited college of podiatric medicine approved by the board; (2) Holds a doctoral degree or its equivalent; (3) Satisfactorily passes an examination prepared or approved a board approved examination, if an examination is required by the board; (4) Successfully completes postdoctoral training of no less than 12 months as a resident in podiatric medicine and surgery in a program or institution approved by, and in good standing with, the board; (5) Has attained the age of 21 years; (6) Is not disqualified to receive a license under the provisions of Code Section 4335-16; and (7) Pays the required fee to the board."
SECTION 35. Said title is further amended by revising Code Section 43-35-14, relating to examination of applicants relative to podiatry practice, as follows:
"43-35-14. The board shall examine applicants may require applicants to be examined upon the subjects required for the practice of podiatric medicine at least twice each year and shall use any method or procedure which the board deems necessary to test the applicant's qualifications to practice podiatric medicine. Any standardized examination which the board shall approve may be administered to all applicants in lieu of or in conjunction with any other examination which the board shall administer may require."
SECTION 36. Said title is further amended by revising subsections (a), (c), and (f) of Code Section 4338-6, relating to licenses, qualifications, criminal records, fingerprints, bond, insurance,

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or net worth affidavit, display of license, suspension, temporary permits, and license recognition agreements relative to private detectives and security agencies, as follows:
"43-38-6. (a) Any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the division director for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the qualifications set out in this Code section." "(c) The application for a license shall be made in writing, under oath, on a form to be furnished by the division director. The application shall state the applicant's full name, age, date and place of birth; residences and employment within the past five years, with the names and addresses of employers; present occupation; date and place of conviction or arrest for any crime, including the plea of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such additional information as the board may require to investigate the qualifications, character, competency, and integrity of the applicant. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, full face, taken within six months prior to the application; provided, however, that the board may waive the submission of fingerprints and photograph for any employee who has been employed by a person licensed under this chapter within the previous 12 months. The application shall contain such additional documentation as the board may prescribe by rule. The board shall have the discretion to deny a license to an applicant who fails to provide the information and supporting documentation required by this subsection." "(f) Notwithstanding any other provisions of this Code section, an applicant for a license shall agree in writing on the application that if such applicant makes a false statement in the application or if such applicant has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any license granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension."
SECTION 37. Said title is further amended by revising subsections (d) and (g) of Code Section 43-38-7, relating to registration of armed employees, qualifications, continuing education, fingerprints, registration card, and suspension relative to private detectives and security agencies, as follows:
"(d) The application for registration shall be made in writing, under oath, on a form to be furnished by the division director. The application shall state the employee's full

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name, age, and date and place of birth; residences and employment within the past five years; experience in the position applied for or held; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such other information as the board may require. The application for registration shall be accompanied by two sets of fingerprints of the employee and one photograph of the employee, two inches wide by three inches high, full face, taken within six months prior to the application. The board shall have discretion to deny registration to any individual when the information and supporting documentation required by this subsection are not provided." "(g) Notwithstanding any other provisions of this Code section, any person who is to be registered under this Code section shall agree in writing on the application that if such person to be registered makes a false statement in the application or if such person has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any registration granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension."
SECTION 38. Said title is further amended by revising Code Section 43-39-9, relating to examination of applicants and appeals relative to psychologists, as follows:
"43-39-9. Examination of applicants for a license to practice psychology shall be made by the board at least once a year according to methods and in such subject fields as may be deemed by the board to be the most practical and expeditious to test the applicant's qualifications. The board shall require the examination to be written or oral, or both, provided that in any written examination such applicant shall be designated by a number instead of the applicant's name so that the applicant's identity shall not be disclosed to the members of the board until the examination papers have been graded. Any unsuccessful candidate may, within 14 days of notice of failure and upon written request to the board, appeal to the board for review. Applicants shall take a board approved examination to test the applicant's qualifications. The examination shall be written or oral or both."
SECTION 39. Said title is further amended by revising Code Section 43-41-8, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant relative to residential and general contractors, to add a new subsection to read as follows:
"(c) Any business entity application that was submitted and approved pursuant to this Code section, but not issued because of the death of the approved qualifying agent prior to the issuance of the license, shall remain eligible for consideration under this Code

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section with the submission of a new qualifying agent candidate for such business entity."
SECTION 40. Said title is further amended by revising subsections (d) and (l) of Code Section 43-47-8, relating to license applications, prerequisites, license fees, renewal, training or test, supplemental licenses, bonds, insurance, suspension for conviction or false statement, and meetings relative to used motor vehicle and parts dealers, as follows:
"(d) Each division may require either that within the preceding year the applicant has attended a training and information seminar approved by the division or that the applicant has passed a test approved by the division and administered by the division director. Such seminar or test, if required, shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Department of Revenue; and such other information as in the opinion of the division will promote good business practices. No seminar shall exceed one day in length." "(l) Each division may authorize the division director to issue a license when he or she has received the bond required by subsections (g) and (h) of this Code section, the proof of insurance required by subsection (k) of this Code section, and a fingerprint card for submission to the Georgia Crime Information Center and to the Federal Bureau of Investigation. Each completed application for a permanent license shall be reviewed by the appropriate division, which may deny licensure for any good reason under this chapter. Any other provision of law to the contrary notwithstanding, each applicant for a license pursuant to the provisions of this Code section shall agree in writing in the application that if the applicant makes a false statement on the application or if the criminal record check returned from the Georgia Crime Information Center or from the Federal Bureau of Investigation reveals a conviction of or an entry of a plea of nolo contendere to a crime involving the use of violence, a used motor vehicle, or illegal drugs; tax evasion or failure to pay taxes; any crime involving the illegal use or possession of a dangerous weapon; or any crime involving moral turpitude, then the division shall be authorized to suspend the license without a prior hearing. The divisions shall each meet as needed, in their discretion. The board shall meet at least once each quarter and upon the call of the board chairperson for any special sessions."
SECTION 41. Said title is further amended by revising subsection (a) of Code Section 43-50-31, relating to application for license, qualifications, determination as to admission or nonadmission to examination, and waiver relative to veterinarians and veterinary technicians, as follows:
"(a) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall include evidence, satisfactory to the board, that:
(1) The applicant has attained the age of 18;

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(2) The applicant is of good moral character; (3) The applicant is a graduate of an accredited college or school of veterinary medicine or possesses an ECFVG certificate or its substantial equivalent; provided, however, that a senior veterinary student may, in the discretion of the board, be allowed to sit for the examination during his or her senior year if he or she meets the other qualifications but shall not be issued a license unless and until he or she graduates; and (4) The applicant meets such other qualifications or provides such other information as the board may require by rule."
SECTION 42. 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 the period established by the division director in accordance with Code Section 43-1-4 by making written application for renewal and paying the applicable fees. After 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 43. Said title is further amended by revising Code Section 43-51-7, relating to examinations relative to treatment plant operators, as follows:
"43-51-7. The board shall prepare examinations to Board approved examinations shall be used in determining the knowledge, ability, and judgment of applicants for certification as operators or laboratory analysts except for applications submitted prior to July 1, 2000, for Class IV level certifications. Such examinations shall be given at least six times annually."
SECTION 44. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 45. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read:

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A BILL
To amend Title 25, Title 26, and Title 43 of the Official Code of Georgia Annotated, relating to fire protection and safety, food, drugs, and cosmetics, and professions and businesses, respectively, so as to provide for the regulation of certain professions and businesses; to provide for definitions; to provide for an exception to certain provisions regarding requiring an architect's seal for certain plans and specifications for all buildings; to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change the definition of the term "electronic data prescription drug order"; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; to change certain provisions relating to veteran examinations; to provide for notification of current laws, rules, and regulations and standards of conduct relating to the practice of architecture; to clarify the types of construction projects within planned or existing structures for which documents may be prepared, certified, and submitted for building permits by a Georgia registered interior designer; to provide that the service upon the division director on behalf of the State Board of Barbers or the State Board of Physical Therapy shall be at his or her office; to change certain provisions regarding the training, utilization, and licensing of apprentices in barbershops; to revise certain provisions relating to the record of revocation of chiropractic licenses; to change certain provisions relating to the rules and regulations as to sanitary requirements and inspections relative to cosmetologists; to revise certain requirements for application for low-voltage electrical contracting licenses; to require the examination for the land surveyor-intraining certificate be board approved; to change provisions as to notice of meetings of the State Board of Hearing Aid Dealers and Dispensers; to revise the general powers and duties of the State Board of Hearing Aid Dealers and Dispensers and the division director; to change certain provisions relating to the issuance of licenses relative to hearing aid dealers and dispensers; to amend provisions relating to the qualifications and examination of hearing aid dispenser apprentices; to provide for notice to the hearing aid dealer licensee or permit holder; to change certain provisions relating to fees for licensure of landscape architects; to provide that applicants for licensure as dispensing opticians may be required to pass a board approved examination; to change certain provisions relating to examinations and examination fees relative to dispensing opticians; to amend certain provisions as to continuing education requirements relative to license renewals of dispensing opticians; to change certain provisions relating to examinations for licenses to practice podiatric medicine; to change certain provisions relating to the examination of applicants and appeals relative to psychologists; to provide for continuing eligibility for licensure without examination for residential and general contractors under certain circumstances; to change certain provisions relating to the test an applicant for a used motor vehicle and parts dealer license must pass; to provide for board approved examinations for applicants for certification as operators or laboratory analysts of

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treatment plants; 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 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by revising Code Section 25-2-1, relating to "commissioner" defined, as follows:
"25-2-1. As used in this chapter, the term:
(1) 'Commissioner' means the Safety Fire Commissioner. (2) 'Proposed building' means any new structure or substantial renovation. (3) 'Substantial renovation' means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation."
SECTION 2. Said title is further amended by revising paragraph (1) of subsection (a) and subsection (d) of Code Section 25-2-14, relating to buildings presenting special hazards to persons, as follows:
"(a)(1) Notwithstanding the provisions of paragraph (5) of subsection (b) of Code Section 43-4-14, plans Plans and specifications for all proposed buildings which come under classification in paragraph (1) of subsection (b) of Code Section 25-2-13 and which come under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be submitted to and receive approval by either the state fire marshal, the proper local fire marshal, or state inspector before any state, municipal, or county building permit may be issued or construction started. All such plans and specifications submitted as required by this subsection shall be accompanied by a fee in the amount provided in Code Section 25-2-4.1 and shall bear the seal and Georgia registration number of the drafting architect or engineer or shall otherwise have the approval of the Commissioner." "(d) For purposes of this chapter, any existing building or structure listed in paragraph (1) of subsection (b) of Code Section 25-2-13 and which comes under the jurisdiction of the office of the Commissioner pursuant to Code Section 25-2-12 shall be deemed to be a proposed building in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy. For purposes of this subsection, the term 'substantial renovation' means any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation."

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SECTION 3. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by revising paragraph (14.1) of Code Section 26-4-5, relating to definitions relative to pharmacists and pharmacies, as follows:
(14.1) 'Electronic data prescription drug order' means any digitalized prescription drug order transmitted to a pharmacy, by a means other than by facsimile, which contains the secure, personalized digital key, code, number, or other identifier used to identify and authenticate the prescribing practitioner in a manner required by state laws and board regulations and includes all other information required by state laws and board regulations. Electronic data prescription drug order also includes any digitalized prescription drug order transmitted to a pharmacy that is converted into a visual image of a prescription order during the transmission process, received by the pharmacy through a facsimile, and includes the practitioner's electronic signature."
SECTION 4. Said title is further amended by revising subsections (a) and (b) of Code Section 26-4-41, relating to qualifications for license, examination, and internships and other training programs relative to pharmacists and pharmacies, as follows:
"(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:
(1) Have submitted a written an application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evaluate a school or college of pharmacy located in another country, the board may accept a graduate from such a school or college as so long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include successful completion of all required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the applicant's educational experience, professional background, and proficiency in the English language; (5) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board; (6) Have successfully passed an examination or examinations approved by the board; and (7) Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license. (b) Examinations. (1) The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be made available by the board at least two times during each

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year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination;. (2) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination; and. (3) Any person who takes the board approved examination and fails the examination may repeat the examination at regular intervals of administration; however, a person may not take the examination more than three times without permission from the board. A person who has taken the board approved examination and failed the examination for the third time may not practice as a pharmacy intern. A person who takes the board approved examination and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid."
SECTION 5. Said title is further amended by revising subsection (c) of Code Section 26-4-42, relating to license transfers for pharmacists licensed in another jurisdiction relative to pharmacists and pharmacies, as follows:
"(c) To obtain a license to engage in the practice of pharmacy in this state, a pharmacist who is a graduate of a pharmacy school or college located in another country must complete all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include without being limited to successful completion of all required examinations and the issuance of the equivalency certificate, and an individual evaluation by the board of the applicant's proficiency in the English language. Additionally, a foreign pharmacy graduate applicant shall:
(1) Have submitted a written an application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state; (5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee; (6) Have successfully passed an examination approved by the board; and (7) Have paid the fees specified by the board."
SECTION 6. Said title is further amended by revising subsection (a) of Code Section 26-4-46, relating to pharmacy interns, eligibility, and requirements for licenses, as follows:
"(a) To obtain a license as a pharmacy intern, an applicant shall:

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(1) Have submitted a written an application in the form prescribed by the board of pharmacy; (2) Have attained the age of majority; (3) Be of good moral character; and (4) Have paid the fees specified by the board for the issuance of the license."
SECTION 7. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (j) of Code Section 43-1-2, relating to appointment and general powers of division director, members and meetings of professional licensing boards, examination standards, roster of licenses, and funding, as follows:
"(j) The division director shall may establish administrative standards for the examination of applicants for licensure by the various professional licensing boards, notwithstanding any other provisions of law to the contrary. These administrative standards shall may include the setting of date, time, and location of examinations, subject to the approval of the respective professional licensing boards. Notwithstanding any other provisions of law to the contrary, examination criteria, examination grading procedures, examination fees, examination passing score requirements, and other matters pertaining to the examination of applicants for licensure may be adopted by rules of the respective professional licensing boards as necessary to implement such examination standards. Examination standards, including examination criteria, grading procedures, and passing score requirements, developed in agreement or in conjunction with a national association of state boards or other related national association for the administration of a nationally recognized uniform examination may be adopted in lieu of state standards by the respective professional licensing boards."
SECTION 8. Said title is further amended by revising Code Section 43-1-9, relating to point credit for veterans taking examination given by professional licensing boards, as follows:
"43-1-9. Any applicant taking an examination given required by any professional licensing board except the State Board of Accountancy shall receive points in the following manner:
(1) Any applicant who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, for a period of one year or more, of which at least 90 days were served during wartime or during any conflict when military personnel were committed by the President of the United States, shall be entitled to a credit of five points. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination;

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(2) Any applicant who is a disabled veteran and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of five points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at less than 10 percent at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering the questions propounded in any such examination; and (3) Any applicant who is a disabled veteran who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during any conflict when military personnel were committed by the President of the United States shall be entitled to a credit of ten points if the disability was for an injury or illness incurred in the line of duty and such disability is officially rated at 10 percent or above at the time of taking the examination. Such points shall be added by the person grading the examination to the grade made by the applicant in answering questions propounded in any such examination."
SECTION 9. Said title is further amended by revising Code Section 43-1-10, relating to credit to veteran's grades when examination given in parts or by subject, as follows:
"43-1-10. If an examination given by a professional licensing board is given required in parts or by subjects and the applicant is required to make a minimum grade on each of the parts or subjects, the points to which the applicant is entitled shall be added to the grade made on each part or subject before the average of his or her grade on all of the parts or subjects is determined."
SECTION 10. Said title is further amended by revising Code Section 43-1-11, relating to veteran's examination to be graded prior to determination of eligibility for credit, as follows:
"43-1-11. A person grading an examination given required by a professional licensing board shall first grade the examination without reference to veteran credit, determining thereafter from the proof submitted whether an applicant is a veteran and is entitled to such credit; if so, the credit shall be added; and if after such addition the applicant equals or exceeds the grade required to pass the examination, the applicant shall be entitled to be certified as having passed the examination."
SECTION 11. Said title is further amended by revising subsection (b) of Code Section 43-4-9, relating to adoption of rules, regulations, and standards of conduct and utilization of the Internet relative to architects, as follows:

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"(b) The board shall post all current laws, rules, regulations, and standards of conduct relating to the practice of architecture in this state on the board's official website. The board shall also provide on the website notification of recent changes in such laws, rules, regulations, or standards and information pertaining to disciplinary actions taken by the board. Individual notice of changes in such laws, rules, regulations, or standards shall be sent by the board at least once a year to each registered architect and building official. Individual notice may be sent by e-mail or regular mail."
SECTION 12. Said title is further amended by revising paragraph (5) of subsection (b) of Code Section 43-4-14, relating to the practice of architecture, qualifications and registration, exempt structures and persons, design-build contracts, predesign services, and construction contract administration services, as follows:
"(5) Nonload-bearing interior construction in existing or planned office structures which were designed by a registered architect, where drawings and specifications are prepared by a Georgia registered interior designer who also submits to the responsible building official a notarized and signed statement on letterhead from a person in a position of authority within the interior design firm certifying that the plans and specifications as submitted are in full compliance with the current building codes, fire codes, accessibility laws, and regulations in effect."
SECTION 13. Said title is further amended by revising Code Section 43-7-7, relating to board meetings, secretary of the board, service of process and documents, and records relative to barbers, as follows:
"43-7-7. The board shall meet at least six days a year but shall not meet more than 36 days in one year. All meetings shall be open to the public except that the board may hold restricted attendance sessions to prepare, give, and grade examinations and to deliberate in connection with the decision in a contested case. The division director shall be secretary of the board and, in addition to his or her duties as prescribed by Code Section 43-1-3, shall perform such other administrative duties as may be prescribed by the board. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office in Atlanta. All official records of the board, or affidavits by the division director as to the content of such records, shall be prima-facie evidence of all matters required to be kept therein."
SECTION 14. Said title is further amended by revising Code Section 43-7-12, relating to requirements for license to operate a barbershop, as follows:

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"43-7-12. A license to operate a barbershop shall be issued, renewed, or restored to any person who can show that such barbershop:
(1) Provides and maintains such physical and sanitary facilities and equipment as may be required by the rules and regulations of the board; (2) Does not train more than one apprentice at any one time, which apprentice shall be under the supervision of a master barber Trains and utilizes apprentices in a manner and number as required by the board; and (3) Does business only at the location shown on the application for licensure."
SECTION 15. Said title is further amended by revising subsection (a) of Code Section 43-7-16, relating to requirement for license as apprentice barber and limitation on renewal, as follows:
"(a) A license to practice barbering as an apprentice shall be issued to any person applicant who shall furnish the board evidence that such applicant:
(1) Evidence that he will Will practice under the supervision of a licensed barber with at least 18 months' experience in the practice of barbering; and (2) Evidence that he has completed the fifth grade of school instruction or its equivalent Is 16 years of age or older."
SECTION 16. Said title is further amended by revising subsections (a), (b), and (c) of Code Section 439-7, relating to qualifications of applicants for license to practice chiropractic, as follows:
"(a) Any person wishing to practice chiropractic in this state shall make written application to the board through the division director in such form as may be adopted and directed by the board. (b) Application shall be in writing and shall be signed by the applicant in his own handwriting; shall be sworn to before some officer authorized under the laws to administer oaths; The application shall recite the history of the applicant's educational qualifications, how long he has studied chiropractic, what collateral branches, if any, he has studied, and the length of time he has engaged in clinical practice, with proof thereof in the form of diplomas, certificates, etc.;, and shall accompany the application with satisfactory evidence of good character and reputation. (c) Each applicant shall send provide with his application an application fee in an amount established by the board."
SECTION 17. Said title is further amended by revising Code Section 43-9-14, relating to record of license revocation relating to chiropractors, as follows:
"43-9-14. In all cases wherein a license has been revoked and no appeal has been taken within the time allowed by law, it shall be the duty of the division director, immediately after the expiration of the time allowed for appeal, to transmit to the clerk of the superior court

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in whose office the revoked license is recorded a copy of the order of the board revoking the license, certified by the division director, and it shall be the duty of the clerk to cancel the record of the license by entering upon the face thereof a copy of the certified order. In cases wherein appeal proceedings are had and not sustained, the revoked license shall be canceled in the manner provided in this Code section immediately after the final termination of such case. Reserved."
SECTION 18. Said title is further amended by revising Code Section 43-10-6, relating to rules and regulations as to sanitary requirements, instruction on HIV and AIDS, inspections, and unsanitary conditions as nuisances relative to cosmetologists, as follows:
"43-10-6. (a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care, subject to the approval of the Department of Human Resources, and to cause the rules and regulations or any subsequent revisions to be in suitable form., and to transmit a copy thereof The board shall make the rules and regulations available to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, school of hair design, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon, school of cosmetology, school of esthetics, school of hair design, and school of nail care 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 Secretary of State shall have the power to enter and make reasonable examination of any beauty 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 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."
SECTION 19. Said title is further amended by revising subsection (c) of Code Section 43-14-8.1, relating to license requirement for low-voltage electrical contracting, businesses conducted by partnerships, limited liability companies, and corporations, and applications relative to electrical contracting, as follows:
"(c) Any person desiring to qualify under the provisions of this subsection who meets the requirements of this subsection, submits proper application prior to and including December 31, 1984, and pays or has paid the required fees and is not otherwise in violation of this chapter shall be issued a state-wide Low-voltage Contractor Class LV-

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A, LV-G, LV-U, or LV-T license without examination. An individual desiring to obtain Low-voltage Contractor Class LV-T shall submit to the division an affidavit sworn before a notary public which outlines the experience of said individual in the practice of low-voltage wiring relating to telecommunication systems. An individual desiring to obtain a Low-voltage Contractor Class LV-A license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm systems. An individual desiring to obtain a Low-voltage Contractor Class LV-G license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to general systems. Each such affidavit for licensure shall describe in detail the installation of at least three complete low-voltage wiring jobs which shall demonstrate that the individual has successfully performed low-voltage wiring in the area of licensure requested for a period of at least one year immediately prior to the time of application. An individual desiring to obtain a Low-voltage Contractor Class LV-U license shall submit to the division an affidavit, sworn before a notary public, which outlines the experience of said individual in the practice of low-voltage wiring relating to alarm and telecommunication systems and which describes in detail the installation of at least six complete low-voltage wiring jobs, three in alarm and three in telecommunication systems, which shall demonstrate that the individual has successfully performed lowvoltage wiring in those areas for a period of at least one year immediately prior to the time of application."
SECTION 20. Said title is further amended by revising Code Section 43-15-12, relating to land surveyor-in-training certificate and eligibility, as follows:
"43-15-12. To be eligible for certification as a land surveyor-in-training, an applicant must meet the following minimum requirements:
(1)(A) Earn a bachelor's degree in a curriculum approved by the board; or (B) Earn an associate degree, or its equivalent, in a curriculum approved by the board and acquire not less than two years of combined office and field experience in land surveying of a nature satisfactory to the board; or (C) Earn a high school diploma, or its equivalent, and acquire not less than four years' experience in land surveying of a nature satisfactory to the board; and (2) Acquire a minimum of 15 quarter hours' credit, or its equivalent, in land surveying subjects in a course of study approved by the board; provided, however, that on and after January 1, 1995, the minimum requirement shall be 20 quarter hours' credit, five of which shall be in hydrology; and (3) Subsequently pass the board's written board approved examination in the fundamentals of land surveying (land surveyor-in-training examination)."

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SECTION 21. Said title is further amended by revising subsection (c) of Code Section 43-18-41, relating to qualifications of embalmer or funeral director applicants, as follows:
"(c) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license; shall furnish an affidavit which lists the names of the 50 funerals at which the apprentice assisted as provided in Code Section 43-18-50; and, effective January 1, 1991, must pass a written an examination approved by the board which tests knowledge of the law of this state relating to funeral directors."
SECTION 22. Said title is further amended by revising paragraph (1) of subsection (a) Code Section 4318-42, relating to reciprocity and examination upon meeting qualifications relative to funeral directors and establishments, as follows:
"(1)(A) On or after January 1, 1991, such person successfully passes a written an examination approved by the board which tests knowledge of the law of this state relating to funeral directors; and (B) Such person satisfied in another state, territory, country, or District of Columbia the requirements for licensure which are:
(i) In effect in Georgia on the date of application; or (ii) Substantially equal to the requirements for a similar license in Georgia; or"
SECTION 23. Said title is further amended by revising subsection (b) of Code Section 43-20-5, relating to meetings, reimbursement of members, and notice of meetings relating to the State Board of Hearing Aid Dealers and Dispensers, as follows:
"(b) The division director shall notify each member of the board by certified mail or statutory overnight delivery not less than ten days in advance of the time and place of any meeting of the board."
SECTION 24. Said title is further amended by revising Code Section 43-20-6, relating to general powers and duties of the State Board of Hearing Aid Dealers and Dispensers and the division director, as follows:
"43-20-6. (a) The board shall have the responsibility and duty of administering and enforcing this chapter. The board shall be responsible for preparing the examinations required by this chapter; and the division director shall assist the board in carrying out this chapter. The board shall have the power to establish and to revise minimal procedure and equipment requirements which shall be used in the dispensing of hearing aids. (b) The board shall:
(1) Authorize, with the advice of the division director, all disbursements necessary to carry out this chapter and the rules and regulations promulgated by the board;

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(2)(1) Supervise the issuance of licenses and administer qualifying examinations; (3)(2) License persons who make proper application to the division director and who meet the qualifications for licensure; (4) Purchase and maintain or rent facilities necessary to carry out the examination of applicants as provided in this chapter; (5)(3) Issue and renew licenses; (6)(4) Suspend, revoke, or otherwise sanction licenses in the manner provided in this chapter; (7)(5) Appoint representatives to conduct or supervise examinations; and (8)(6) Provide to each licensed dealer Make available to the public a copy of this chapter, any amendments thereto, and all adopted rules. (c) The division director shall be guided by the recommendations of the board in all matters relating to this chapter and shall assist the board in carrying out this chapter. (d) In the administration and enforcement of this chapter, the board shall have the power to adopt reasonable rules and regulations not inconsistent with this chapter and the Constitution and laws of this state or of the United States for governing its times and places of meetings; for organization and reorganization; for the holding of examinations; for governing all other matters requisite to the exercising of its powers; for the performance of its duties relating to examinations; for granting, suspending, revoking, or otherwise sanctioning licenses; and for the transaction of its business under this chapter. (e) The board may provide, by regulation, for the general scope of the examination described in Code Section 43-20-9. The board may approve the examination and obtain advice and assistance in providing for and grading such examination; and the division director may contract with third parties to perform administrative services related to the examination as he or she deems appropriate."
SECTION 25. Said title is further amended by revising subsection (b) of Code Section 43-20-8, relating to issuance of licenses and fees relative to hearing aid dealers and dispensers, as follows:
"(b) The board may issue a dispenser's license to an applicant only when the applicant has satisfactorily completed an a board approved examination administered under the direction of the board and when proof of age has been verified. The license shall authorize the holder to dispense hearing aids under the general supervision of a licensed dealer."
SECTION 26. Said title is further amended by revising Code Section 43-20-9, relating to qualifications, examinations, and apprentice dispensers relative to hearing aid dealers and dispensers, as follows:
"43-20-9. (a) An applicant may obtain a license by successfully passing a qualifying board approved examination administered by the board, provided that the applicant:

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(1) Is at least 18 years of age; and (2) Is of good moral character. (b) The division director shall schedule at least four examinations each year, one of which will be in each calendar quarter. (c) The division director shall schedule every Every apprentice dispenser who has held the permit over 30 days shall be scheduled to stand for the written examination at every scheduled examination until all sections have been passed, the permit has been revoked by the board, or the permit has expired. The board shall have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to stand for the examination. The board shall also have the power to revoke a permit without a hearing if the holder of an apprentice dispenser permit fails to pass the written portion of the examination on two occasions. The board may include the fee for an initial examination as a condition for approval of an applicant for an apprentice dispenser's permit. (d) Each applicant desiring to become licensed as a dispenser, other than holders of apprentice dispensers' permits, shall make application for examination to the division director, accompanied by the examination fee as provided by the board in its rules and regulations. (e) The qualifying examination shall be compiled by or at the direction of the board. (f)(c) The board shall establish uniform criteria for passing and failing candidates."
SECTION 27. Said title is further amended by revising Code Section 43-20-12, relating to notice to division director of place of practice and identification of dispensers, apprentice dispensers, and trainees, and notice to holders of licenses and permits, as follows:
"43-20-12. (a) A person holding a dealer's license shall notify the division director in writing of the regular addresses of places of business operated by the dealer for dispensing hearing aids. Furthermore, the dealer is required to notify the division director in writing as to the names and license or permit numbers of all dispensers, apprentice dispensers, and trainees employed or otherwise practicing at each of his or her places of business. The dealer is required to notify the division director in writing of any changes of the foregoing within seven calendar days of such change. Any failure shall be considered a violation of this chapter by the dealer. (b) Any notice required to be given by the division director or by the board to any person who holds a license or permit issued by the board shall be mailed to such licensee or permit holder by certified mail or statutory overnight delivery to the address of the place of practice last recorded with the division director; and such mailing shall constitute sufficient notice to such licensee."
SECTION 28. Said title is further amended by revising subsection (a) of Code Section 43-23-8, relating to examination fee, issuance of licenses, biennial renewal of licenses, renewal fee, and

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effect of nonpayment of check submitted as license fee relative to landscape architects, as follows:
"(a) Every applicant for licensure as a landscape architect shall submit with his or her application for such licensure a fee in an amount established by the board, which shall be sufficient to cover the costs of examination. If the applicant successfully passes the examination and is otherwise qualified for licensure as a landscape architect, the board shall thereafter, upon payment of a license fee to be determined by the board, issue a license to the applicant, which shall be valid for up to two years and shall be renewable biennially. All licenses shall expire on the renewal date established by the division director. The biennial license renewal fees shall be an amount established by the board."
SECTION 29. Said title is further amended by revising Code Section 43-28-9, relating to qualifications of license applicants and waiver relative to occupational therapists, as follows:
"43-28-9. (a) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file written an application, on forms provided by the board, showing to the satisfaction of the board that such applicant meets the following requirements:
(1) Is of good moral character; (2) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills. For an occupational therapist or occupational therapy assistant, such a program shall be accredited by a recognized accrediting agency acceptable to the board. Other comparable educational programs such as those approved by the World Federation of Occupational Therapists may be recognized by the board upon evaluation of detailed program and course content; (3) Has successfully completed a period of supervised field work experience at a recognized educational institution or a training program accredited as provided in paragraph (2) of this Code section subsection. For an occupational therapist, a minimum of six months of supervised field work experience is required. For an occupational therapy assistant, a minimum of two months of supervised field work experience is required; and (4) Has passed an examination as provided for in Code Section 43-28-10. (b) An applicant not meeting the requirements of subsection (a) of this Code section must indicate to the board that he or she has obtained a waiver of such requirements pursuant to Code Section 43-28-11."
SECTION 30. Said title is further amended by revising subsection (e) of Code Section 43-29-7, relating to license requirements, qualifications of applicants, subjects to be listed on examination,

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and issuance and display of license relative to dispensing opticians, as follows: "(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."
SECTION 31. Said title is further amended by revising Code Section 43-29-8, relating to examination, examination fee, and the effect of failure of two examinations relative to dispensing opticians, as follows:
"43-29-8. (a) Examination of applicants An applicant applying for a license to practice the trade or occupation of dispensing optician shall be required to pass a board approved examination made by the board according to the methods and covering subject matter deemed by the board to be the most practical and expeditious to test the applicant's specific job performance requirements. Such examinations shall be written. (b) There shall be paid to the division director by each applicant for a license an examination fee in an amount determined by the board, which fee shall accompany the application for examination. (c) Failure to pass a satisfactory examination shall not prevent any applicant from participating in subsequent examinations before the board upon complying with this chapter, but any applicant who has failed two examinations shall not be permitted to take any further examination for licensure under this chapter until such applicant has furnished sufficient proof of having taken such additional education and training as shall be required by the board."
SECTION 32. Said title is further amended by revising Code Section 43-29-11, relating to continuing education requirement, waiver, and effect of failure to complete required course hours relative to dispensing opticians, as follows:
"43-29.11. (a) Each person who holds a license as a dispensing optician shall be required to complete ten hours of continuing education prior to each renewal of such license. (b) With his or her application for license renewal, each licensed dispensing optician must shall submit a certificate or certificates of attendance for an affidavit of course hours completed as proof that his or her education requirements have been satisfied. The board shall give credit for any course given by any recognized national, regional, or state dispensing society or association if such course increases the education of a dispensing optician and is made available to all licensed opticians on a reasonably nondiscriminatory fee basis. The board may also approve, in accordance with the objectives of this chapter, other courses held within or outside of this state which are available to all persons on a reasonably nondiscriminatory fee basis. Any group of ten

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or more licensed opticians may arrange for an educational course and request board approval thereof. Any such request shall be made at least 90 days prior to the proposed date of the course and shall include full details as to the contents of the course, the instructors, and the charge to be made for attendance, as well as any other information which the board may require. The board shall endeavor to act upon any request for approval at least 45 days prior to the proposed date therefor and shall thereupon notify all licensed opticians of the time, place, contents, and charges for any such approved course. The certificate of attendance required under this chapter Code section shall be issued to the optician upon completion of the approved course. Credit will shall be allowed on the basis of an hour for an hour. To receive one hour of credit, one must attend one full hour. No fractional hour credits will shall be allowed. (c) The board may waive the requirements of this Code section for any license period for any dispensing optician upon proof of such optician's hardship or disability, provided that such optician's license may be revoked upon failure of the licensee to complete the required number of hours, not to exceed 20 hours, of continuing education within 12 months immediately following renewal. (d) A dispensing optician failing to complete the course hours required under this Code section shall have his or her license restored upon proof of subsequent completion of required course hours and, except in the case of a waiver granted under subsection (c) of this Code section, upon payment of a penalty fee in an amount established by the board."
SECTION 33. Said title is further amended by revising Code Section 43-33-9, relating to division director as secretary of board, subpoena power, service of process and documents, and official records as prim-facie evidence relative to physical therapists, as follows:
"43-33-9. The division director shall be secretary of the board and shall perform such other administrative duties as may be prescribed by the board. In a contested case, the division director on behalf of the board shall have the power to subpoena, throughout the state, witnesses, designated documents, papers, books, accounts, letters, photographs, objects, or other tangible things. All legal process and all documents required by law to be served upon or filed with the board shall be served upon or filed with the division director at his or her office in Atlanta. All official records of the board or affidavits by the division director certifying the content of such records shall be prima-facie evidence of all matters required to be kept therein."
SECTION 34. Said title is further amended by revising 43-35-12, relating to eligibility for license relative to podiatry practice, as follows:
"43-35-12. A license to practice podiatric medicine shall be issued to any person who:

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(1) Is a graduate of an accredited college of podiatric medicine approved by the board; (2) Holds a doctoral degree or its equivalent; (3) Satisfactorily passes an examination prepared or approved a board approved examination, if an examination is required by the board; (4) Successfully completes postdoctoral training of no less than 12 months as a resident in podiatric medicine and surgery in a program or institution approved by, and in good standing with, the board; (5) Has attained the age of 21 years; (6) Is not disqualified to receive a license under the provisions of Code Section 4335-16; and (7) Pays the required fee to the board."
SECTION 35. Said title is further amended by revising Code Section 43-35-14, relating to examination of applicants relative to podiatry practice, as follows:
"43-35-14. The board shall examine applicants may require applicants to be examined upon the subjects required for the practice of podiatric medicine at least twice each year and shall use any method or procedure which the board deems necessary to test the applicant's qualifications to practice podiatric medicine. Any standardized examination which the board shall approve may be administered to all applicants in lieu of or in conjunction with any other examination which the board shall administer may require."
SECTION 36. Said title is further amended by revising subsections (a), (c), and (f) of Code Section 4338-6, relating to licenses, qualifications, criminal records, fingerprints, bond, insurance, or net worth affidavit, display of license, suspension, temporary permits, and license recognition agreements relative to private detectives and security agencies, as follows:
"43-38-6. (a) Any individual, firm, association, company, partnership, limited liability company, or corporation desiring to engage in the private detective or private security business in this state shall make a verified application in writing to the division director for a license therefor. If the applicant is a firm, association, company, partnership, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the qualifications set out in this Code section." "(c) The application for a license shall be made in writing, under oath, on a form to be furnished by the division director. The application shall state the applicant's full name, age, date and place of birth; residences and employment within the past five years, with the names and addresses of employers; present occupation; date and place of conviction

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or arrest for any crime, including the plea of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such additional information as the board may require to investigate the qualifications, character, competency, and integrity of the applicant. Each applicant shall submit with the application two complete sets of fingerprints on forms specified and furnished by the board and one photograph, two inches wide by three inches high, full face, taken within six months prior to the application; provided, however, that the board may waive the submission of fingerprints and photograph for any employee who has been employed by a person licensed under this chapter within the previous 12 months. The application shall contain such additional documentation as the board may prescribe by rule. The board shall have the discretion to deny a license to an applicant who fails to provide the information and supporting documentation required by this subsection." "(f) Notwithstanding any other provisions of this Code section, an applicant for a license shall agree in writing on the application that if such applicant makes a false statement in the application or if such applicant has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any license granted to such applicant without a prior hearing as required in Code Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension."
SECTION 37. Said title is further amended by revising subsections (d) and (g) of Code Section 43-38-7, relating to registration of armed employees, qualifications, continuing education, fingerprints, registration card, and suspension relative to private detectives and security agencies, as follows:
"(d) The application for registration shall be made in writing, under oath, on a form to be furnished by the division director. The application shall state the employee's full name, age, and date and place of birth; residences and employment within the past five years; experience in the position applied for or held; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such other information as the board may require. The application for registration shall be accompanied by two sets of fingerprints of the employee and one photograph of the employee, two inches wide by three inches high, full face, taken within six months prior to the application. The board shall have discretion to deny registration to any individual when the information and supporting documentation required by this subsection are not provided." "(g) Notwithstanding any other provisions of this Code section, any person who is to be registered under this Code section shall agree in writing on the application that if such person to be registered makes a false statement in the application or if such person has been found to have been convicted of a felony and has not had all his or her civil rights restored pursuant to law, then the board shall be authorized to suspend any registration granted to such applicant without a prior hearing as required in Code

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Section 43-38-11. Upon request, any such person shall be entitled to a hearing on such matter subsequent to the suspension."
SECTION 38. Said title is further amended by revising Code Section 43-39-9, relating to examination of applicants and appeals relative to psychologists, as follows:
"43-39-9. Examination of applicants for a license to practice psychology shall be made by the board at least once a year according to methods and in such subject fields as may be deemed by the board to be the most practical and expeditious to test the applicant's qualifications. The board shall require the examination to be written or oral, or both, provided that in any written examination such applicant shall be designated by a number instead of the applicant's name so that the applicant's identity shall not be disclosed to the members of the board until the examination papers have been graded. Any unsuccessful candidate may, within 14 days of notice of failure and upon written request to the board, appeal to the board for review. Applicants shall take a board approved examination to test the applicant's qualifications. The examination shall be written or oral or both."
SECTION 39. Said title is further amended by revising Code Section 43-41-8, relating to eligibility for licensure without examination, reciprocity, and burden upon applicant relative to residential and general contractors, to add a new subsection to read as follows:
"(c) Any business organization that had an applicant submit a complete and satisfactory application pursuant to this Code section, but was not issued a license due to the death of the qualifying agent applicant prior to the issuance of the license, shall remain eligible for consideration under this Code section with the submission of a new qualifying agent applicant for such business entity."
SECTION 40. Said title is further amended by revising subsections (d) and (l) of Code Section 43-47-8, relating to license applications, prerequisites, license fees, renewal, training or test, supplemental licenses, bonds, insurance, suspension for conviction or false statement, and meetings relative to used motor vehicle and parts dealers, as follows:
"(d) Each division may require either that within the preceding year the applicant has attended a training and information seminar approved by the division or that the applicant has passed a test approved by the division and administered by the division director. Such seminar or test, if required, shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Department of Revenue; and such other information as in the opinion of the division will promote good business practices. No seminar shall exceed one day in length."

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"(l) Each division may authorize the division director to issue a license when he or she has received the bond required by subsections (g) and (h) of this Code section, the proof of insurance required by subsection (k) of this Code section, and a fingerprint card for submission to the Georgia Crime Information Center and to the Federal Bureau of Investigation. Each completed application for a permanent license shall be reviewed by the appropriate division, which may deny licensure for any good reason under this chapter. Any other provision of law to the contrary notwithstanding, each applicant for a license pursuant to the provisions of this Code section shall agree in writing in the application that if the applicant makes a false statement on the application or if the criminal record check returned from the Georgia Crime Information Center or from the Federal Bureau of Investigation reveals a conviction of or an entry of a plea of nolo contendere to a crime involving the use of violence, a used motor vehicle, or illegal drugs; tax evasion or failure to pay taxes; any crime involving the illegal use or possession of a dangerous weapon; or any crime involving moral turpitude, then the division shall be authorized to suspend the license without a prior hearing. The divisions shall each meet as needed, in their discretion. The board shall meet at least once each quarter and upon the call of the board chairperson for any special sessions."
SECTION 41. Said title is further amended by revising subsection (a) of Code Section 43-50-31, relating to application for license, qualifications, determination as to admission or nonadmission to examination, and waiver relative to veterinarians and veterinary technicians, as follows:
"(a) Any person desiring a license to practice veterinary medicine in this state shall make written application to the board. The application shall include evidence, satisfactory to the board, that:
(1) The applicant has attained the age of 18; (2) The applicant is of good moral character; (3) The applicant is a graduate of an accredited college or school of veterinary medicine or possesses an ECFVG certificate or its substantial equivalent; provided, however, that a senior veterinary student may, in the discretion of the board, be allowed to sit for the examination during his or her senior year if he or she meets the other qualifications but shall not be issued a license unless and until he or she graduates; and (4) The applicant meets such other qualifications or provides such other information as the board may require by rule."
SECTION 42. 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:

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"(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 the period established by the division director in accordance with Code Section 43-1-4 by making written application for renewal and paying the applicable fees. After 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 43. Said title is further amended by revising Code Section 43-51-7, relating to examinations relative to treatment plant operators, as follows:
"43-51-7. The board shall prepare examinations to Board approved examinations shall be used in determining the knowledge, ability, and judgment of applicants for certification as operators or laboratory analysts except for applications submitted prior to July 1, 2000, for Class IV level certifications. Such examinations shall be given at least six times annually."
SECTION 44. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 45. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Millar of the 79th moves to amend the House Committee on Health and Human Services substitute to SB 195 (LC 36 1451ERS) by inserting after "pharmacy;" on line 9 the following:
to provide that when a substitution is made, certain information relative to the substitution must appear on the prescription label and be affixed to the container or an auxiliary label;
By inserting between lines 162 and 163 the following:
SECTION 6A. Said title is further amended by revising subsection (d) of Code Section 26-4-81, relating to substitution of generic drugs for brand name drugs, as follows:
"(d)(1) Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed

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drug product and its manufacturer. Such prescription shall be made available for inspection by the board or its representative in accordance with the rules of the board. (2) If a pharmacist substitutes a generic drug product for a brand name prescribed drug product when dispensing a prescribed medication, the brand name and the generic name of the drug product, with an explanation of 'generic for (insert name of brand name prescribed drug product)' or similar language to indicate substitution has occurred, must appear on the prescription label and be affixed to the container or an auxiliary label, unless the prescribing practitioner indicated that the name of the drug may not appear upon the prescription label; provided, however, that this paragraph shall not apply to medication dispensed for in-patient hospital services or to medications in specialty packaging for dosing purposes as defined by the board."

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 Allison Y Amerson Y Anderson N Ashe Y Austin
Baker Y Barnard
Battles Y Bearden E Beasley-Teague Y Benfield N Benton N Black Y 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 Coan

N Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner N Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd
Fludd N Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A N Holt Y Horne N Houston Y Howard N Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan N Kaiser Y Keen N Keown
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long

Y Manning N Marin
Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal N Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey

Y Rynders Y Scott, A N Scott, M Y Sellier N Setzler N Shaw N Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A

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Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

N Loudermilk Lucas Lunsford
Y Maddox, B Y Maddox, G
Mangham

Y Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

E 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 131, nays 27.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Bryant of the 160th stated that 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 176. By Senator Mullis of the 53rd:

A RESOLUTION dedicating the James H. Chandler, Jr. Memorial Intersection; 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, James H. Chandler, Jr., was only 33 years old when he was fatally injured in a traffic accident while he was responding to a bank alarm on his police motorcycle; and

WHEREAS, the accident occurred on September 24, 1982, at the intersection of SR 1 and Cloud Springs Road, and James died the next day from his injuries; and

WHEREAS, he was a graduate of Lakeview High School and the Floyd College Regional Police Academy; and

WHEREAS, at the time of his death, Mr. Chandler had worked with the Fort Oglethorpe Police Department for four years, and in 1999, the police department's training facility was named in his honor; and

WHEREAS, Mr. Chandler was often described as a big guy, with a big heart, who loved his job; and

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WHEREAS, he left behind his beautiful wife Jeannie and three sons, Mark, Brian, and Sean; and
WHEREAS, it is only fitting that the memory of James H. Chandler, Jr., be perpetuated by a lasting monument to his life well-lived.
PART II WHEREAS, MSG Davy Weaver, a soldier in the Georgia Army National Guard from Barnesville, Georgia, was killed while riding in a vehicle that was struck by an improvised explosive device in Qalat, Afghanistan, on May 18, 2008; and
WHEREAS, he was born on February 8, 1969, to Patsy Rabuck and Emory Weaver; and
WHEREAS, as a youth, he served his community as a Cub, Boy, and Eagle Scout, and naturally, he fell in love with the military as a young man; and
WHEREAS, MSG Weaver enlisted in the Georgia Army National Guard on March 25, 1987, as an infantry soldier, and he completed Basic Training and Advanced Individual Training at Fort Benning, Georgia; and
WHEREAS, on May 11, 2005, he was ordered into active service in support of Operation Iraqi Freedom, and he was stationed in Kuwait and Iraq and spent a year supporting that mission; and
WHEREAS, in May, 2007, he was sent with members of the 48th Brigade Combat Team to Afghanistan in support of Operation Enduring Freedom; and
WHEREAS, MSG Weaver was awarded the Combat Infantryman's Badge in September, 2007, for his actions under enemy fire and rocket attack in Afghanistan; and
WHEREAS, he loved his family dearly and loved his job and mission in Afghanistan; and
WHEREAS, he is survived by his wife, Susan, his children Bradley, Malachi, and Ellanor, and his step-daughters Jennifer and Mary A. Morris; and
WHEREAS, MSG Weaver will be forever remembered as a true hero and professional soldier, and it is only fitting and proper that a lasting memorial be dedicated in his honor.
PART III WHEREAS, the Battle of Chickamauga, named after the Chickamauga Creek which flowed nearby, was fought September 19-20, 1863, and involved more than 150,000 soldiers of the Northern and Southern Armies; and

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WHEREAS, the landscape of the battle was one where neither army wanted to fight, and the thick forest limited visibility to 150 feet, less than the range of a rifle; cannon were useless, and often the fighting was hand-to-hand; and
WHEREAS, during the battle, soldiers were cared for in the nearby homes and adjacent buildings, with many Union doctors remaining behind to care for the wounded after the Southern victory, and many parched and wounded soldiers of both sides drank from the town's bubbling Crawfish Spring, still active today; and
WHEREAS, the corridor of the highway dedicated in this resolution follows the general route of march of the US Army of the Cumberland that fought in the Battle of Chickamauga; and
WHEREAS, it is only fitting to honor the brave men who fought and died here with a lasting memorial to their sacrifice.
PART IV WHEREAS, Mason Varner was born on May 8, 1932, in Macland Community. He spent his entire life in Macland, with the exception of four years he spent in the United States Coast Guard. One of his lifelong friends, Clint Carlile, said Mason could not wait to get back to Macland every chance he got while in the service; and
WHEREAS, Mason attended McEachern School and graduated in 1949. Six high school friends and Mason joined the Coast Guard in 1952 for a four-year stint; and
WHEREAS, Mason met Ann Greenway, a teacher at McEachern School, and they were married on March 4, 1956, and had three children, Melinda, Teri, and John. Ann passed away in 2001; and
WHEREAS, after Mason was discharged from service and returned to Macland, he started Varner's Ace Hardware store at the intersection of Macland and New MaclandLost Mountain Roads. He and Ann operated the store for approximately 20 years. He was a great businessman; and
WHEREAS, Varner's store at Macland became a community institution, and all types of local, state, and national political discussions were held there; and
WHEREAS, fishing was a passion for Mason and he spent many days and nights on a lake with friends, and some of his favorite memories after retirement were from his cabin on Lake Weiss in Alabama; and

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WHEREAS, Mason was a lifetime member of McEachern United Methodist Church and supported its many programs. He was also a member of Austell Post #216 of The American Legion; and
WHEREAS, Mason passed away on November 13, 2007, surrounded by his children, grandchildren, brother, sister, nieces, nephews, and many friends. It was exactly as he would have wanted it.
PART V WHEREAS, Jimmy Middleton was born to Mr. and Mrs. Oscar P. Middleton in 1937 and he grew up in Waverly, Georgia, as the youngest of three children; and
WHEREAS, he began his career in law enforcement in 1959 and served as chief deputy under Sheriff W. E. "Willie" Smith for 18 years before becoming the Sheriff of Camden County; and
WHEREAS, as sheriff from 1977 to 1985, he understood that being effective in his position required a close partnership with the community, and his legacy as a compassionate and hands-on sheriff will be remembered by many people for many years; and
WHEREAS, he served as sheriff during a time when your nearest backup might be a county away; and
WHEREAS, his service to his community went beyond being sheriff, as he also served as county commissioner and on various boards; and
WHEREAS, in 1957, Jimmy married Anne Rentz, and they were blessed with three children and, in turn, five grandchildren; and
WHEREAS, true to his nature, Jimmy was a giving and compassionate man and his friends looked to him for leadership, guidance, and support, and he was respected and loved by countless people in the community; and
WHEREAS, he will be remembered for his loyal dedication to his family and his commitment to the citizens of Camden County.
PART VI WHEREAS, Ray Delaigle has long been recognized by the citizens of Burke County for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

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WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a member and chairperson of the Board of Commissioners of Burke County; 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 this state have earned him the respect and admiration of his colleagues and associates; and
WHEREAS, he is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and
WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating a lasting reminder of his service to the people of Burke County.
PART VII WHEREAS, all citizens of the United States owe a debt of gratitude for the heroic men and women who volunteer to defend our freedom in distant lands; and
WHEREAS, it is only fitting and proper to provide for lasting memorials to their great courage and dedication.
PART VIII WHEREAS, Phyllis Heller, a Marietta resident, passed away April 18, 2007, after a four year fight with an incurable blood cancer called multiple myeloma; and
WHEREAS, she was a heroic woman of many talents; and
WHEREAS, she was born in Hartford, Connecticut, and she attended Boston University School of Music where she majored in bassoon; and
WHEREAS, when Carl Orff's Carmina Burana premiered in this country on November 19, 1954, at Carnegie Hall under the baton of Leopold Stokowski, Phyllis Heller was the first chair bassoonist; and
WHEREAS, she had a lifelong passion for the arts and visited hundreds of museums around the world; and
WHEREAS, in the 1990's she took up stained glass artwork and quickly became highly regarded for her intricate, large-scale designs including full-sized doors and room valances; and

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WHEREAS, Ms. Heller was the Chairwoman of Sculpture Internationale, the largest international fine arts sculpture exposition in the United States, which took place in 2002 at Cobb Galleria, and she later went on to help fund and organize the Digital Fine Arts Museum; and
WHEREAS, throughout her career she enjoyed exploring different cultures and societies, and she was a principal in a firm which developed and produced export promotion shows for American manufacturers around the world, and in the process, she visited and produced expositions in more than 40 countries and on every continent except Antarctica; and
WHEREAS, it is only fitting and proper that the life of Phyllis Heller be celebrated and that a lasting tribute to her memory be established.
PART IX WHEREAS, all citizens of the United States owe a debt of gratitude to the heroic men and women who volunteer to defend our freedom in distant lands; and
WHEREAS, it is only fitting and proper to provide for lasting memorials to their great courage and dedication and especially the sacrifices of veterans and their families residing in Pike County, Georgia.
PART X WHEREAS, the law enforcement community and the State of Georgia lost one of their finest husbands, fathers, and law enforcement officers when Georgia State Patrol Trooper Tony M. Lumley gave his life in defense of the public on December 2, 2003; and
WHEREAS, Trooper Lumley joined the Georgia State Patrol as a Trooper Cadet in March, 2002, and completed his training at the 79th Georgia State Patrol Trooper School and graduated as one of the school's most bright and promising troopers in October of that year; and
WHEREAS, he was assigned to the State Patrol post in Forest Park, Georgia, and, as a result of his outstanding performance and work ethic, he was transferred to the State Patrol post in Griffin, Georgia, in February, 2003; and
WHEREAS, a consummate team player, he was admired and respected by his peers for his mastery of law enforcement and public relations skills, sense of humor, and professional attitude; and
WHEREAS, he was an exemplary law enforcement officer who was held in high esteem for his disciplined and faithful devotion to protecting and preserving the public's safety; and

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WHEREAS, Trooper Lumley is survived by his loving and devoted wife, Misty, and his precious daughters, Nikki and Brook.
PART XI WHEREAS, Donnie Dickens was a long-time resident of Pike County committed to serving his community and was a friend to all those who knew him; and
WHEREAS, Mr. Dickens worked tirelessly for the citizens of Pike County, including many years of dedicated service at the Road Department, where he held the position of Road Superintendent; and
WHEREAS, his selfless commitment to others and his community was further demonstrated by his active service as a member of the Lifsey Springs Volunteer Fire Department and his willingness to drive a school bus for Pike County school children; and
WHEREAS, Donnie Dickens will long be remembered by his family, friends, and the members of the community he served as a generous, hard-working man and a tremendous asset to Pike County.
PART XII WHEREAS, W. F. Gay was a resident of Gay, Georgia, and Meriwether County, Georgia; and
WHEREAS, Mr. Gay distinguished himself by serving several terms as the mayor of Gay; and
WHEREAS, Mr. Gay gave many hours of his time and energy to enhance the well-being of Gay and Meriwether County; and
WHEREAS, over the years, W. F. Gay developed and nurtured countless friendships with residents of Gay and Meriwether County; and
WHEREAS, Mr. Gay departed this life without receiving proper recognition for his contributions, and it is only proper and fitting that an appropriate memorial be established in his memory.
PART XIII WHEREAS, Joe Bryan rendered distinguished public service as mayor of Damascus, Georgia, for six years; as a member of the city council of Damascus for more than 20 years; and as a school board member; and

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WHEREAS, he served the peanut industry for more than fifty years, including service as president of Southern Peanut Warehousemen's Association and member of the advisory board of the Georgia Peanut Commission; and
WHEREAS, he was founder, director, and officer of Chem-Nut, Inc.; director of First State Bank, Blakely; and director of Blakely-Early County Chamber of Commerce; and
WHEREAS, he was a Century Member of the Boy Scouts of America and a faithful supporter of Southwest Georgia Academy and area churches; and
WHEREAS, he was a recipient of the Agribusiness Service Award, Georgia Peanut Service Award, and National Peanut Buying Points Association's Pioneer Award; and
WHEREAS, as the remembrance citation from St. James C.M.E. Church reads, "Joe Bryan never refused to help any worthy cause"; and as the citation from Bethel Methodist Church states, "Joe Bryan was a Godly man vigorously pursued a Godly path toward a Godly cause--helping his fellow man."
PART XIV WHEREAS, Glenn McCarver Smith III passed away in an accident on June 21, 2007, at the young age of 15; and
WHEREAS, he was a freshman at Pepperell High School, where he was an honor student taking college prep courses; and
WHEREAS, he was the class treasurer, a member of the student council, the Key Club, and the Fellowship of Christian Athletes; and
WHEREAS, Glenn played baseball and basketball and was active in the youth group at Pleasant Valley South Baptist Church; and
WHEREAS, he leaves behind his parents, David and Laura; his sister, LeeAnn; and his grandparents, Johnny and Sarah Smith and Eunice Smith.
PART XV WHEREAS, beginning in 1992, Hinson Mosley was one of the most distinguished members of the House of Representatives, faithfully serving the citizens of House District 178 with vision and determination; and
WHEREAS, a resident of Jesup, Georgia, he enjoyed a stellar reputation as one of the strongest leaders for rural Georgia; and

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WHEREAS, he served as a member of the House Appropriations Committee, the House Game, Fish, and Parks Committee (for which he previously served as chairman), and the House State Planning and Community Affairs Committee, and as Vice Chairman of the Transportation Committee; and
WHEREAS, among his many notable accomplishments during the course of his legislative career was authoring the Day of the Woman resolution, the only resolution to hang in the capitol; and
WHEREAS, he is known for his warm and friendly nature and his chinaberry smoked steaks; and
WHEREAS, a retired instrument technician and a devoted family man, Representative Mosley and his wife, Linda, are the loving parents of four children, Kim, George, Sharon, and Darrell; and
WHEREAS, it is only proper that a lasting tribute to this great public servant be established.
PART XVI WHEREAS, Glenn Brown was born April 9, 1951, in Screven County; and
WHEREAS, he was the youngest of 12 children born to Albert and Zelma Wiley Brown; and
WHEREAS, Glenn attended Screven County Schools and Mercer University and was a lifelong member of Greenhill Baptist Church; and
WHEREAS, this young farmer and pastor of Ogeechee Baptist Church was married to the former Martha Lane; and
WHEREAS, Glenn lived 25 short years and lost his life in a tragic accident off Highway 21 in the Whitehill area on June 14, 1976; and
WHEREAS, it is only fitting and proper that a lasting memorial in his memory be established.
PART XVII WHEREAS, the Clayton County Board of Commissioners and the Henry County Board of Commissioners have unanimously requested that a portion of Georgia Highway 138 be designated the Lake Spivey Parkway.

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PART XVIII WHEREAS, Luke Dollar has been a resident of Marietta, Georgia, in Cobb County, for 35 years; and
WHEREAS, he served his country during the Vietnam conflict; and
WHEREAS, Mr. Dollar has set an example as a leader in his community; and
WHEREAS, he is a father to three outstanding children; and
WHEREAS, his greatest accomplishment, by far, was marrying the beautiful and talented Sue Kelly Dollar, and they have been married for 35 wonderful years; and
WHEREAS, it is only fitting and proper that this fine man be honored for all of his accomplishments.
PART XIX NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of SR 1 and Cloud Springs Road be dedicated as the James H. Chandler, Jr. Memorial Intersection.
BE IT FURTHER RESOLVED that the portion of SR 36 from US 41 near Barnesville to Liberty Hill in Lamar County, Georgia, be dedicated as the MSG Davy Nathaniel Weaver Memorial Highway.
BE IT FURTHER RESOLVED that the portion of SR 341 from its intersection with SR 193 north to its intersection with Gordon Street in Chickamauga be dedicated as the US Army of the Cumberland Highway.
BE IT FURTHER RESOLVED that a portion of Macland Road, SR 360, from the Paulding County line into Cobb County and ending at John Petree Road be dedicated as the Mason Varner Memorial Highway.
BE IT FURTHER RESOLVED that the portion of SR 25/US 17 within the limits of the Ocean Highway in Camden County, beginning at Oscar Road (CR 266 at MP 22.12) and ending at the County Line Bridge (MP 31.56) be dedicated as the Sheriff Jimmy Middleton Memorial Highway.
BE IT FURTHER RESOLVED that the bridge on SR 56 over Rocky Creek in Burke County, Georgia, be dedicated as the Ray Delaigle Bridge.

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BE IT FURTHER RESOLVED that the members of this body commend the veterans of all ages and dedicate the portion of SR 301 in Glennville, Georgia, in Tattnall County, as Veterans Boulevard in honor of their great sacrifices on behalf of our country.
BE IT FURTHER RESOLVED that the members of this body honor the memory of Phyllis Heller and dedicate the bridge on SR 120 over Willeo Creek in Cobb County as the Phyllis Heller Memorial Bridge.
BE IT FURTHER RESOLVED that the members of this body commend veterans of all ages as well as the heroic veterans of Pike County, Georgia, and dedicate the portion of SR 362 in Pike County, Georgia, as the Pike County Veterans Memorial Highway in honor of their great sacrifices on behalf of our country.
BE IT FURTHER RESOLVED that the portion SR 18 in Pike County, Georgia, be dedicated as the Trooper Tony M. Lumley Memorial Highway.
BE IT FURTHER RESOLVED that the portion of SR 109 in Pike County, Georgia, running through Pike County shall be dedicated as the Donnie Dickens Memorial Highway.
BE IT FURTHER RESOLVED that the members of this body dedicate the portion of Spur 109 from Greenville, Georgia, west through Gay, Georgia, in Meriwether County to the Pike County line as the W. F. Gay Memorial Connector.
BE IT FURTHER RESOLVED that the portion of State Route 45 in Early County beginning at the Miller County line and ending at the Calhoun County line is dedicated as the Joe Bryan Highway.
BE IT FURTHER RESOLVED that the members of this body celebrate the much too short life of Glenn McCarver Smith III and dedicate the bridge over Big Cedar Creek near Cave Spring on US 411/SR 53 as the Glenn McCarver Smith III Memorial Bridge.
BE IT FURTHER RESOLVED that the members of this body honor the life and public service of Hinson Mosley and dedicate the portion of US 84 from the city limits of Screven to the city limits of Jesup as the Hinson Mosely Highway.
BE IT FURTHER RESOLVED that the bridge on SR 21 in the Whitehill community of Screven County be dedicated as the Glenn Brown Memorial Overpass.
BE IT FURTHER RESOLVED that the portion of Georgia Highway 138 between Interstate 675 and the corporate limits of the City of Jonesboro shall be designated the Lake Spivey Parkway.

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BE IT FURTHER RESOLVED that the portion of SR 120 from the 120 Loop (Marietta Parkway) going east from I-75 to Johnson Ferry Road be dedicated as the Luke Dollar Highway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, to the family of James H. Chandler, Jr., to the family of MSG Davy Nathaniel Weaver, to the City of Chickamauga, to the family of Mason Varner, to the family of Sheriff Jimmy Middleton, to Ray Delaigle, to the Glennville City Council, to the family of Phyllis Heller, to Pike County, to the family of Trooper Tony M. Lumley, to the family of Donnie Dickens, to the family of W. F. Gay, to the family of Joe Bryan, to the family of Glenn McCarver Smith III, to Hinson Mosely, to the family of Glenn Brown, and to Luke Dollar.

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns E Butler Y Byrd Y Carter, A Y Carter, B

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Manning Y Marin
Martin Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter

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 Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson

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Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B
Maddox, G Y Mangham

Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers

Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A E 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 160, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The following messages were 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 277. By Senator Harp of the 29th:

A BILL to be entitled an Act to provide that the chief magistrate of the Magistrate Court of Troup County shall be a full-time position; to provide for the compensation and qualifications for such chief magistrate; to repeal a certain local Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 279. By Senators Adelman of the 42nd, Jones of the 10th, Thompson of the 5th, Butler of the 55th, Henson of the 41st and others:

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 repeal conflicting laws; and for other purposes.

HB 539. By Representatives Hembree of the 67th, Brooks of the 63rd, Bearden of the 68th and Bruce of the 64th:

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A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved March 6, 1990 (Ga. L. 1990, p. 3650), so as to provide for a residency qualification for members of the board of commissioners; to provide 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 557. By Representatives Benton of the 31st and McCall of the 30th:
A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Jackson County Airport Authority," approved June 30, 1964 (Ga. L. 1964, p. 2260), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4660), so as to change the manner of appointment of members of the authority; to change the terms of office for such members to staggered, three-year terms of office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 561. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act creating the Pike County Recreation Authority, approved March 18, 1986 (Ga. L. 1986, p. 4070), as amended, so as to change the name of the authority to the Pike County Parks and Recreation Authority; to clarify provisions relating to tax exemptions of the authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 562. By Representative Maddox of the 127th:
A BILL to be entitled an Act to amend an Act creating the Pike Clean and Beautiful Authority, approved April 4, 1991 (Ga. L. 1991, p. 4093), as amended, so as to change certain provisions relating to the Keep Pike Beautiful Authority; to change the number of members of the authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 624. By Representative Scott of the 153rd:
A BILL to be entitled an Act to authorize the governing authority of the City of Ashburn to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 652. By Representatives Hembree of the 67th, Bearden of the 68th, Brooks of the 63rd and Bruce of the 64th:
A BILL to be entitled an Act to amend an Act creating the Douglas Judicial Circuit, approved March 20, 1080 (Ga. L. 1980, p. 563), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 412), so as to change the amount of the annual supplement paid to the superior court judges from funds of Douglas County; to authorize the governing authority to increase such amount; to provide an effective date; to repeal a specific law; to repeal conflicting laws; and for other purposes.
HB 653. By Representatives Hembree of the 67th, Bearden of the 68th, Brooks of the 63rd and Bruce of the 64th:
A BILL to be entitled an Act to amend an Act placing the coroner of Douglas County on a salary in lieu of a fee basis of compensation, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, particularly by an Act approved March 13, 1990 (Ga. L. 1990, p. 3768), so as to change the compensation of the coroner; to set the compensation of deputy coroners; to provide for the board to increase the compensation of the coroner and any deputy coroners; to provide for approval of contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 654. 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), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 3847), so as to temporarily delay the addition of a second 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 the compensation and expenses of said additional judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 686. By Representatives Rynders of the 152nd and Harden of the 147th:
A BILL to be entitled an Act to create a board of elections and registration for Worth 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 related matters; to provide for submission under Section 5 of the federal Voting Rights Act of 1965, as

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amended; to provide effective dates; to repeal conflicting laws; and for other purposes.
HB 690. By Representative Nix of the 69th:
A BILL to be entitled an Act to amend an Act to incorporate the Town of Roopville in the County of Carroll, approved October 7, 1885 (Ga. L. 1884-5, p. 391), as amended, so as to repeal certain provisions relating to the sale of liquors within the corporate limits of said town; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 695. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act to create the Catoosa County Public Works Authority, approved April 10, 1998 (Ga. L. 1998, p. 4302), as amended, particularly by an Act approved May 1, 2000 (Ga. L. 2000, p. 4585), so as to change the composition of the authority; to change the manner of compensating such authority; to provide for terms of office, filling of vacancies, and removal from office; to provide that meetings of the authority shall be called by the Board of Commissioners of Catoosa County; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 706. By Representatives Thompson of the 104th, Floyd of the 99th, Thomas of the 100th, Mitchell of the 88th, Marin of the 96th and others:
A BILL to be entitled an Act to authorize the governing authority of the City of Lawrenceville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 718. By Representatives Willard of the 49th, Lindsey of the 54th, Bruce of the 64th, Wilkinson of the 52nd, Geisinger of the 48th and others:
A BILL to be entitled an Act to amend an Act relating to the compensation and salary supplements of the judges of the superior court of Fulton County, approved March 8, 1945 (Ga. L. 1945, p. 1076), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4092), so as to provide for certain employment benefits to be made available by Fulton County to said judges as a part of their compensation and salary supplement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 720. By Representative Smith of the 129th:
A BILL to be entitled an Act to authorize the City of West Point 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 722. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Sinkfield of the 60th:
A BILL to be entitled an Act to authorize the governing authority of Clayton County to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 725. By Representatives Parrish of the 156th, Jackson of the 142nd and Porter of the 143rd:
A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved March 1, 2004 (Ga. L. 2004, p. 3512), so as to provide for reapportionment or redistricting of the districts from and by which members of the board of commissioners are elected; 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.
HB 765. By Representatives Maddox of the 127th, Knight of the 126th, Cole of the 125th and Sellier of the 136th:
A BILL to be entitled an Act to repeal an Act creating the Lamar County Livestock and Agricultural Exposition Authority, approved March 25, 1996 (Ga. L. 1996, p. 3703), as amended, so as to dissolve such authority and repeal such Act and amendments in their entirety; to repeal conflicting laws; and for other purposes.
HB 766. By Representatives Maddox of the 127th, Knight of the 126th, Cole of the 125th and Sellier of the 136th:
A BILL to be entitled an Act to abolish the office of elected county surveyor of Lamar County pursuant to Code Section 36-7-2.1 of the O.C.G.A. and

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provide for the appointment of a county surveyor; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 781. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act placing the judge of the probate court and the clerk of the Superior Court of Catoosa County, Georgia, on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the clerical help allowance of the clerk of the Superior Court of Catoosa County; to repeal conflicting laws; and for other purposes.
HB 786. By Representatives Burns of the 157th and Carter of the 159th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Guyton, approved May 5, 2006 (Ga. L. 2006, p. 4230), so as to change the corporate boundaries of said city; to repeal conflicting laws; and for other purposes.
HB 794. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend an Act to create an amended charter for the Town of Willacoochee, in the County of Atkinson, and to reincorporate said town as a city, and define its territorial limits, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to deannex certain property from the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 795. 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, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4418), and an Act approved May 12, 2008 (Ga. L. 2008, p. 3774), so as to provide for staggered terms of office for chairperson and commissioners; to provide for implementation of such terms of office; to revise the requirements regarding the publication of receipts, expenditures, and disbursements; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 796. By Representative Sellier of the 136th:
A BILL to be entitled an Act to amend an Act to create the Byron Convention and Visitors Bureau Authority, approved April 4, 1997 (Ga. L. 1997, p. 3921), so as to change the composition of the authority; to change the manner of appointment; to provide for terms; to provide for staff; to provide for meetings; to provide for duties; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 797. 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 provide for an advisory referendum election to be held in Brantley County for the purpose of ascertaining if a change in the form of government of Brantley County is desired by the people of said county; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.
HB 801. 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 amend an Act creating the Gainesville Redevelopment Authority, approved March 24, 1978 (Ga. L. 1978, p. 4440), so as to modify the composition and organization of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 802. 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 a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly should enact legislation authorizing the City of Gainesville to select its mayor by city-wide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes.
HB 803. 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 a nonbinding, advisory referendum for the purpose of ascertaining whether the General Assembly

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should enact legislation authorizing the City of Gainesville to elect its chairperson of the board of education by city-wide election; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 806. By Representative Ralston of the 7th:
A BILL to be entitled an Act to amend an Act creating the Gilmer County Kids Kottage Commission, approved May 14, 2008 (Ga. L. 2008, p. 4459), so as to change the number and composition of the membership; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 808. 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), by an Act approved May 30, 2007 (Ga. L. 2007, p. 4367), and by an Act approved May 13, 2008 (Ga. L. 2008, p. 4278), so as to revise the manner of selection of the members of the authority; to revise the manner of tabulating the votes for members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 810. By Representative Holt of the 112th:
A BILL to be entitled an Act to authorize the governing authority of the City of Covington to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 816. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th:
A BILL to be entitled an Act to provide for a new charter for the City of Ringgold; 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,

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rules, and procedures; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 502. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th:
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, so as to provide a method for selecting the judge and personnel of the municipal court; to repeal conflicting laws; and for other purposes.
HB 791. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to create and establish the Ellaville-Schley County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010.
The Speaker Pro Tem assumed the Chair.

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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 153. By Senators Weber of the 40th, Adelman of the 42nd, Williams of the 19th and Thompson of the 5th:
A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation and comprehensive regulation of education improvement districts for the provision of facilities for one or more public or special schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The following Committee substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local law for the creation and comprehensive regulation of education improvement districts for the provision of facilities or land for one or more public or special schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article VIII of the Constitution is amended by adding a new section to read as follows:
"SECTION VIII. EDUCATION IMPROVEMENT DISTRICTS
Paragraph I. Creation. The General Assembly may by local law create one or more education improvement districts to provide for facilities or land for one or more schools as provided in this section, which education improvement districts shall be considered public entities. Paragraph II. Purposes. The purpose of an education improvement district shall be the provision of facilities or purchase of land for one or more public schools established by a board of education under Article VIII, Section V, Paragraph I of this Constitution, one or more special schools established under Article VIII, Section V, Paragraph VII of this Constitution, or a combination of such public schools and special schools. Facilities may include construction of new school facilities, capital improvements to existing

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school facilities, leasing of school facilities, or a combination thereof. Facilities may also include pre-kindergarten programs within a public school or special school. Paragraph III. Boundaries. Any education improvement district shall be composed of a single, contiguous geographical area containing at least 500 acres and containing a population of at least 2,000 persons and may include portions of one or more school systems. Paragraph IV. Local law. (a) The local law creating an education improvement district shall include the following:
(1) A description of the facility or facilities for which the district is created, the land to be purchased for the public or special school or schools, or both; (2) A description of the geographical area which comprises the district; (3) The establishment of the administrative body for the education improvement district and the number of members of the administrative body. The membership shall include representation from each local board of education included within the education improvement district, if one or more public schools are to be benefitted, and representation from the governing board of each special school if such special school is to be benefitted, and the method of selection of all members shall be specified in the local law; (4) The duties and powers of the administrative body, which may include:
(A) The power to contract; (B) The power to enter into cooperative agreements with local governments in accordance with Paragraph VI of this section and to act on such agreements; (C) The acceptance of bequests, donations, assistance with or guarantees of any loans or other instruments of indebtedness, and grants and transfers of land, buildings, and other property from individuals, private entities, counties, municipalities, local boards of education, the State Board of Education, the Board of Regents, or other entities of the State of Georgia; (D) The incurrence of debt, without regard to the requirements of Article IX, Section V of this Constitution, which debt shall be backed by the full faith, credit, and taxing power of the education improvement district and which debt may be backed by the full faith, credit, and taxing power of the applicable local board of education, in the case of a public school or schools, or the state, in the case of a special school or schools as specified in the local law; (E) The retention of an administrative fee, which shall not exceed any maximum amount set out in the local law, to cover actual costs, which may include per diem amounts for administrative body members and necessary expenses; and (F) The authority to levy ad valorem taxes within the education improvement district in accordance with Paragraph V of this section and the maximum tax rate which may be levied. (5) The duration of the education improvement district, which shall be the later of:
(A)(i) For construction or capital improvements of the facility or facilities for which the education improvement district is established, the completion of such construction or capital improvements;

WEDNESDAY, APRIL 1, 2009

4287

(ii) For the purchase of land, the completion of such purchase; or (iii) For the lease of a facility, the end of the initial lease, which duration may be specifically limited in the local law; or (B) Upon the completion of payment of all debt incurred for the construction or capital improvements, purchase of land, or lease of the facility or facilities for which the education improvement district is established; (6) The estimated maximum costs relating to the construction, capital improvements, or lease of the facility or facilities, the purchase of land, or both; (7) Provision for lowering the tax, ceasing to collect the tax at an earlier date, refunds to taxpayers, or any other appropriate mechanism, in the event that actual costs for the facility or facilities, the purchase of land, or both is less than the estimated maximum costs presented in the referendum; and (8) The right, title, interest, and ownership of any new facility or facilities or land purchased, which may be vested in the administrative body of the education improvement district, the applicable local board of education in the case of public schools, or in the state, in the case of special schools as specified in the local law; provided, however, that if ownership is vested in an education improvement district, the local law shall provide for the transfer of ownership to the applicable local board or boards of education or the state, as appropriate, upon dissolution of the education improvement district. The design and construction of a new facility or of capital improvements to an existing facility may be conducted by the local board of education, the governing body of a special school, the education improvement district, or some other entity, as designated in the local law. The local law may address occurrences such as closure and sale of a facility provided for under the district. (b) Any local law creating an education improvement district shall be signed by every member of the House of Representatives and the Senate whose districts are wholly or partially located within the education improvement district and shall be conditioned upon: (1) The adoption of a resolution consenting to the creation of the education improvement district by: (A) Each local board of education which is included within the education improvement district if such district is to be established for the benefit of one or more public schools of the local board of education; and (B) The governing board of each special school which is included within the education improvement district if such district is to be established for the benefit of any such special school; and (2) Approval by a majority of the qualified electors residing within the limits of the education improvement district voting in a referendum thereon. Such referendum shall identify the tax rate to be levied, the specific facility or facilities or land for which the ad valorem taxes collected under Paragraph V of this section will be used, and the estimated maximum costs relating to the facility or facilities. Any referendum held pursuant to this subparagraph shall be conducted only on the Tuesday after the

4288

JOURNAL OF THE HOUSE

first Monday in November in odd-numbered years or on the date of the presidential preference primary, general primary, or general election in even-numbered years. Paragraph V. Levy. The administrative body of each education improvement district may be authorized to levy ad valorem taxes within the education improvement district only on real property and specifically excluding tangible personal property and intangible property. The tax rate charged by the education improvement district may not exceed the rate specified in the referendum. Any such ad valorem tax shall not apply to the homestead property of any person residing within the education improvement district who is 62 years of age or older. Any such tax shall be collected by the county or counties in which the education improvement district is located in the same manner as ad valorem taxes levied by such county or counties. The proceeds of such taxes so levied, less such fee to cover the costs of collection as may be specified by law, shall be transmitted by the collecting county or counties to the administrative body of the education improvement district and shall be expended by such administrative body for the purpose authorized by this section. The administrative body of the education improvement district may not use such ad valorem taxes to fund any facility or land purchase other than the specific facility or facilities or land purchase specified in the referendum. Paragraph VI. Cooperation with local governments. The facilities and land purchases provided pursuant to this section shall be provided for in a cooperative agreement executed jointly by the administrative body and one or more applicable local boards of education or, in the case of a special school or special schools, the governing body or bodies thereof. The provisions of this section shall in no way limit the authority of any local board of education or governing body of a special school to provide facilities or land within any education improvement district. An education improvement district shall have no control or management over a local school system. Paragraph VII. Regulation by general law. The General Assembly by general law may regulate, restrict, and limit the creation of education improvement districts and the exercise of the powers of administrative bodies of education improvement districts."
SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by local law for the creation and
( ) NO comprehensive regulation of education improvement districts for the provision of facilities or land for one or more public or special schools?"
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.

WEDNESDAY, APRIL 1, 2009

4289

Representative Casas of the 103rd moved that SR 153 be recommitted to the Committee on Rules.

Representative Hatfield of the 177th moved that SR 153 be placed upon the table.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard N Battles Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter N Burns N Butler Y Byrd
Carter, A Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole N Coleman N Collins, D N Collins, T Y Cooper N Cox

N Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day N Dempsey Y Dickson Y Dobbs N Dollar Y Dooley N Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd N Fludd Y Franklin Y Frazier N Fullerton Y Gardner N Geisinger Y Glanton N Golick Y Gordon Y Graves N Greene Y Hamilton Y Hanner N Harbin N Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree N Henson E Hill, C N Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson Y Hugley Y Jackson N Jacobs Y James N Jerguson Y Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan
Kaiser Keen N Keown Knight Y Knox Y Lane, B N Lane, R N Levitas N Lindsey Y Long Loudermilk Y Lucas Lunsford N Maddox, B N Maddox, G Y Mangham

Y Manning Y Marin
Martin N Maxwell E May Y Mayo N McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell N Morgan Y Morris Y Mosby Y Murphy Y Neal N Nix Y Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A N Powell, J N Pruett Y Ralston Y Ramsey
Randall Y Reece N Reese N Rice N Roberts Y Rogers

N Rynders N Scott, A Y Scott, M Y Sellier N Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, L Y Smith, R N Smith, T N Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor N Teilhet Y Thomas Y Thompson Y Walker
Weldon N Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix N Yates
Richardson, Speaker

On the motion, the ayes were 108, nays 52.

The motion prevailed.

Representative Carter of the 159th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

4290

JOURNAL OF THE HOUSE

The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010.
The following Senate substitute was read:

WEDNESDAY, APRIL 1, 2009

4291

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010; 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, 2009, and ending June 30, 2010, as prescribed hereinafter for such fiscal year:

HB 119

Governor

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 Nursing Home Provider Fees Care Management Organization Fees
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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

$20,193,974,890 $18,569,866,489 $18,569,866,489 $18,569,866,489

$17,987,363,393 $16,405,735,024 $16,405,735,024 $16,240,681,184

$968,750,000 $913,000,000 $913,000,000 $913,000,000

$938,089,332 $938,089,332 $938,089,332 $938,089,332

$297,705,776 $310,975,744 $310,975,744 $310,975,744

$2,066,389

$2,066,389

$2,066,389

$2,066,389

$122,528,939

$42,524,901

$11,223,855,071 $11,938,508,870 $12,666,830,500 $12,431,487,833

$567,460,180 $648,284,541 $567,460,180

$94,361,006 $94,361,006 $94,361,006 $94,361,006

$88,352,867 $88,352,867 $115,352,867 $136,014,978

$13,130,623 $13,130,623 $13,130,623 $13,130,623

$17,397,861 $17,397,861 $17,397,861 $17,397,861

$3,282,141,128 $3,282,141,128 $3,300,286,128 $3,303,482,450

$1,242,517,438 $1,242,517,438 $1,242,517,438 $1,242,517,438

$79,448,008 $86,793,400 $100,679,167 $87,079,167

$24,906,536 $24,906,536 $24,906,536 $24,906,536

4292

JOURNAL OF THE HOUSE

Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant 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 Provider Fee Transfers from Dept of Community Health 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

$20,366,584 $5,524,374,562
$59,700,314 $4,404,431
$54,994,483 $308,286,485 $372,124,209 $346,324,209 $25,800,000
$37,348,536 $4,196,867,053
$47,279,570 $28,000,000 $19,279,570 $30,991,249 $30,991,249
$5,062,984 $5,062,984 $2,010,321,014 $214,057,828 $40,077,675 $1,756,185,511 $95,634,744 $95,634,744 $3,689,716 $3,689,716 $2,002,598,179
$435,771 $2,002,162,408
$1,289,597 $1,289,597 $3,386,431,780 $3,361,576,337 $10,286,033
$608,684 $7,962,621
$657,795 $2,839,755,775
$36,801,423 $49,111,814

$20,366,584 $5,694,839,245
$59,700,314 $4,404,431
$54,994,483 $277,670,029 $372,124,209 $346,324,209 $25,800,000 $37,348,536 $4,156,789,378 $47,279,570 $28,000,000
$19,279,570 $30,991,249 $30,991,249 $5,062,984 $5,062,984 $1,970,243,339 $214,057,828
$1,756,185,511 $95,634,744 $95,634,744 $3,689,716 $3,689,716
$2,002,598,179 $435,771
$2,002,162,408 $1,289,597 $1,289,597
$3,345,663,334 $3,320,807,891
$10,286,033 $608,684
$7,962,621 $657,795
$2,798,987,329 $36,801,423 $49,111,814

$20,366,584 $6,242,578,982
$59,700,314 $4,404,431
$54,994,483 $318,396,794 $372,124,209 $346,324,209 $25,800,000 $37,348,536 $4,150,767,018 $47,279,570 $28,000,000
$19,279,570 $27,159,994 $27,159,994 $5,062,984 $5,062,984 $1,973,496,014 $214,057,828
$3,077,675 $1,756,360,511
$95,264,744 $95,264,744
$3,689,716 $3,689,716 $1,997,524,399
$435,771 $1,997,088,628
$1,289,597 $1,289,597 $3,378,632,214 $3,353,776,771 $10,286,033
$608,684 $7,962,621
$657,795 $2,833,031,101
$36,801,423 $49,111,814

$20,366,584 $6,087,672,664
$59,700,314 $4,404,431
$54,994,483 $312,625,625 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,157,105,068 $47,279,570 $28,000,000 $19,279,570 $19,294,207 $19,294,207
$5,062,984 $5,062,984 $1,966,197,492 $214,057,828
$1,752,139,664 $95,264,744 $95,264,744 $3,599,210 $3,599,210
$2,007,553,569 $435,771
$2,007,117,798 $12,853,292 $12,853,292
$3,203,553,286 $3,185,597,843
$10,286,033 $608,684
$8,069,802 $657,795
$2,664,744,992 $36,801,423 $49,111,814

WEDNESDAY, APRIL 1, 2009

4293

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 Grant to Local Educational Agencies CFDA84.010 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454 Agency Funds Transfers Agency Fund Transfers Not Itemized 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 Nursing Home Provider Fees Care Management Organization Fees
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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

$1,330,388

$1,330,388

$1,330,388

$1,330,388

$10,689,069 $10,689,069

$9,614,177

$9,614,177

$333,430

$333,430

$333,430

$333,430

$295,125

$295,125

$295,125

$295,125

$280,857,262 $280,857,262 $280,857,262 $280,857,262

$20,369,650 $20,369,650 $20,369,650 $20,369,650

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$41,931,075 $41,931,075 $41,931,075 $41,931,075

$759,169

$759,169

$759,169

$759,169

$8,060,300

$8,060,300

$8,060,300

$8,060,300

$50,728,985 $50,728,985 $50,728,985 $50,728,985

$23,589,119 $23,589,119 $23,589,119 $16,689,119

$1,802,127

$1,802,127

$1,802,127

$1,802,127

$703,693

$703,693

$703,693

$703,693

$110,351

$110,351

$110,351

$110,351

$8,615,946

$8,615,946

$8,615,946

$8,615,946

$4,237,381

$4,237,381

$4,237,381

$4,237,381

$6,900,000

$6,900,000

$6,900,000

$1,219,621

$1,219,621

$1,219,621

$1,219,621

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$35,614,697,014 $34,665,164,737 $35,387,464,007 $35,158,459,390

($971,907,626) ($2,596,016,027) ($2,596,016,027) ($2,596,016,027)

($1,093,066,187) ($2,674,694,556) ($2,674,694,556) ($2,839,748,396)

($73,408,859) ($129,158,859) ($129,158,859) ($129,158,859)

$55,833,589 $55,833,589 $55,833,589 $55,833,589

$138,636,435 $151,906,403 $151,906,403 $151,906,403

$97,396

$97,396

$97,396

$97,396

$122,528,939

$42,524,901

$104,856,466 $819,510,265 $1,547,831,895 $1,312,489,228

$567,460,180 $648,284,541 $567,460,180

($285,841)

($285,841)

($285,841)

($285,841)

($72,752)

($72,752) $26,927,248 $47,589,359

($11,323)

($11,323)

($11,323)

($11,323)

($15,255,536) ($15,255,536) $2,889,464

$6,085,786

($8,295,892)

($950,500) $12,935,267

($664,733)

($5,765)

($5,765)

($5,765)

($5,765)

4294

JOURNAL OF THE HOUSE

Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Child Care Development Fund per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Provider Fee Transfers from Dept of Community Health 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 Property Insurance Funds Retirement Payments Workers Compensation Funds Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS

($619,473)

($619,473)

($619,473)

($619,473)

$155,698,691 $326,163,374 $873,903,111 $718,996,793

($19,674)

($19,674)

($19,674)

($19,674)

($9,714,061) ($40,330,517)

$396,248 ($5,374,921)

$26,055,565 $26,055,565 $26,055,565 $21,956,313

$24,355,565 $24,355,565 $24,355,565 $20,256,313

$1,700,000

$1,700,000

$1,700,000

$1,700,000

($42,617,473) ($42,617,473) ($42,617,473) ($42,617,473)

($211,541,382) ($251,619,057) ($257,641,417) ($251,303,367)

($235,672,921) ($235,672,921) ($239,504,176) ($247,369,963)

($235,672,921) ($235,672,921) ($239,504,176) ($247,369,963)

$27,605,182 ($12,472,493) ($9,219,818) ($16,518,340)

$40,077,675

$3,077,675

($12,472,493) ($12,472,493) ($12,297,493) ($16,518,340)

$51,000

$51,000

($319,000)

($319,000)

$51,000

$51,000

($319,000)

($319,000)

($2,751,287) ($2,751,287) ($2,751,287) ($2,841,793)

($2,751,287) ($2,751,287) ($2,751,287) ($2,841,793)

($773,356)

($773,356) ($5,847,136) $4,182,034

($773,356)

($773,356) ($5,847,136) $4,182,034

$11,563,695

$11,563,695

$138,607,635 $97,839,189 $130,808,069 ($44,270,859)

$138,572,554 $97,804,108 $130,772,988 ($37,405,940)

($289,573)

($289,573)

($289,573)

($182,392)

$143,044,597 $102,276,151 $136,319,923 ($31,966,186)

($135,200)

($135,200)

($135,200)

($135,200)

($50,486)

($50,486)

($50,486)

($50,486)

($1,593,079) ($1,593,079) ($2,667,971) ($2,667,971)

($319,185)

($319,185)

($319,185)

($319,185)

($1,907,320) ($1,907,320) ($1,907,320) ($1,907,320)

($177,200)

($177,200)

($177,200)

($177,200)

$35,081

$35,081

$35,081 ($6,864,919)

$35,081

$35,081

$35,081

$35,081

($6,900,000)

($939,984,907) ($1,930,285,630) ($1,175,017,480) ($1,579,101,025)

WEDNESDAY, APRIL 1, 2009

4295

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

Section Total - Continuation

$11,402,191 $11,402,191 $11,402,191

$11,402,191 $11,402,191 $11,402,191

$11,402,191 $11,402,191 $11,402,191

Section Total - Final $11,402,191 $11,007,944 $11,402,191 $11,007,944 $11,402,191 $11,007,944

$10,271,420 $10,271,420 $10,271,420

Continuation Budget

$1,365,993 $1,365,993 $1,365,993

$1,365,993 $1,365,993 $1,365,993

$1,365,993 $1,365,993 $1,365,993

$11,402,191 $11,402,191 $11,402,191
$10,513,575 $10,513,575 $10,513,575
$1,365,993 $1,365,993 $1,365,993

1.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($40,372)

($35,110)

$0

1.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($13,529)

($105,864)

($105,864)

1.100-Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 119)

$1,365,993

$1,312,092

$1,365,993

$1,312,092

$1,365,993

$1,312,092

$1,225,019 $1,225,019 $1,225,019

$1,260,129 $1,260,129 $1,260,129

Secretary of the Senate's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$1,334,397 $1,334,397 $1,334,397

$1,334,397 $1,334,397 $1,334,397

$1,334,397 $1,334,397 $1,334,397

$1,334,397 $1,334,397 $1,334,397

2.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($27,502)

($23,429)

$0

2.2 Reduce funds to reflect the revised revenue estimate.

4296

JOURNAL OF THE HOUSE

State General Funds
2.100-Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

($13,515)

($104,472)

Appropriation (HB 119)

$1,334,397

$1,293,380

$1,334,397

$1,293,380

$1,334,397

$1,293,380

$1,206,496 $1,206,496 $1,206,496

Continuation Budget

$7,629,495 $7,629,495 $7,629,495

$7,629,495 $7,629,495 $7,629,495

$7,629,495 $7,629,495 $7,629,495

($104,472)
$1,229,925 $1,229,925 $1,229,925
$7,629,495 $7,629,495 $7,629,495

3.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($179,648)

($155,755)

$0

3.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($76,396)

($595,206)

($595,206)

3.100 -Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 119)

$7,629,495

$7,373,451

$7,629,495

$7,373,451

$7,629,495

$7,373,451

$6,878,534 $6,878,534 $6,878,534

$7,034,289 $7,034,289 $7,034,289

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

$1,072,306 $1,072,306 $1,072,306

$1,072,306 $1,072,306 $1,072,306

$1,072,306 $1,072,306 $1,072,306

$1,072,306 $1,072,306 $1,072,306

4.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($32,703)

($27,861)

$0

4.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($10,582)

($83,074)

($83,074)

WEDNESDAY, APRIL 1, 2009

4297

4.100-Senate Budget and Evaluation Office

Appropriation (HB 119)

The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS

$1,072,306

$1,029,021

State General Funds

$1,072,306

$1,029,021

TOTAL PUBLIC FUNDS

$1,072,306

$1,029,021

$961,371 $961,371 $961,371

Section 2: Georgia House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $19,850,950 $19,150,515 $19,850,950 $19,150,515 $19,850,950 $19,150,515

$17,868,850 $17,868,850 $17,868,850

House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

$989,232 $989,232 $989,232
$19,850,950 $19,850,950 $19,850,950
$18,302,585 $18,302,585 $18,302,585
$19,850,950 $19,850,950 $19,850,950

5.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($501,925)

($433,735)

$0

5.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($198,510) ($1,548,365) ($1,548,365)

5.100-House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 119) $19,850,950 $19,150,515 $19,850,950 $19,150,515 $19,850,950 $19,150,515

$17,868,850 $17,868,850 $17,868,850

$18,302,585 $18,302,585 $18,302,585

4298

JOURNAL OF THE HOUSE

Section 3: Georgia General Assembly Joint Offices
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$10,479,449 $10,479,449 $10,479,449

$10,479,449 $10,479,449 $10,479,449

$10,479,449 $10,479,449 $10,479,449

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $10,479,449 $10,200,607 $10,479,449 $10,200,607 $10,479,449 $10,200,607

$9,686,262 $9,686,262 $9,686,262

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

$4,728,361 $4,728,361 $4,728,361

$4,728,361 $4,728,361 $4,728,361

$4,728,361 $4,728,361 $4,728,361

$10,479,449 $10,479,449 $10,479,449
$9,836,665 $9,836,665 $9,836,665
$4,728,361 $4,728,361 $4,728,361

6.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($78,655)

($28,872)

$0

6.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($47,358)

($375,410)

($375,410)

6.100-Ancillary Activities

Appropriation (HB 119)

The purpose of this appropriation is to provide services for the legislative branch of government.

TOTAL STATE FUNDS

$4,728,361

$4,602,348

State General Funds

$4,728,361

$4,602,348

TOTAL PUBLIC FUNDS

$4,728,361

$4,602,348

$4,324,079 $4,324,079 $4,324,079

$4,352,951 $4,352,951 $4,352,951

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

$2,646,281 $2,646,281 $2,646,281

$2,646,281 $2,646,281 $2,646,281

$2,646,281 $2,646,281 $2,646,281

$2,646,281 $2,646,281 $2,646,281

WEDNESDAY, APRIL 1, 2009

4299

7.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($44,019)

($36,951)

$0

7.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($26,504)

($208,044)

($208,044)

7.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$185,620

$185,620

7.4 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($4,940)

($4,940)

7.100-Legislative Fiscal Office

Appropriation (HB 119)

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

$2,646,281

$2,575,758

$2,581,966

$2,618,917

State General Funds

$2,646,281

$2,575,758

$2,581,966

$2,618,917

TOTAL PUBLIC FUNDS

$2,646,281

$2,575,758

$2,581,966

$2,618,917

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

$3,104,807 $3,104,807 $3,104,807

$3,104,807 $3,104,807 $3,104,807

$3,104,807 $3,104,807 $3,104,807

$3,104,807 $3,104,807 $3,104,807

8.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($51,374)

($84,580)

$0

8.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($30,932)

($240,010)

($240,010)

8.100-Office of Legislative Counsel

Appropriation (HB 119)

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS

$3,104,807

$3,022,501

$2,780,217

State General Funds

$3,104,807

$3,022,501

$2,780,217

TOTAL PUBLIC FUNDS

$3,104,807

$3,022,501

$2,780,217

$2,864,797 $2,864,797 $2,864,797

4300

JOURNAL OF THE HOUSE

Section 4: Audits and Accounts, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$35,427,174 $35,427,174 $35,427,174

$35,427,174 $35,427,174 $35,427,174

$35,427,174 $35,427,174 $35,427,174

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $33,265,791 $31,754,444 $33,265,791 $31,754,444 $33,265,791 $31,754,444

$31,679,619 $31,679,619 $31,679,619

Audit and Assurance Services

Continuation Budget

The purpose of this appropriation is to provide financial, performance, and information system audits.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$31,283,984 $31,283,984 $31,283,984

$31,283,984 $31,283,984 $31,283,984

$31,283,984 $31,283,984 $31,283,984

$35,427,174 $35,427,174 $35,427,174
$32,380,418 $32,380,418 $32,380,418
$31,283,984 $31,283,984 $31,283,984

9.1 Reduce funds from personnel.

State General Funds

($1,453,366) ($1,453,366) ($1,345,577) ($1,345,577)

9.2 Reduce funds received in HB990 (FY09G) to develop an auditing function for funding formulas and program inputs to include all education agencies.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

9.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,051,234)

($908,417)

$0

9.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($296,066)

($296,066)

($568,534)

9.5 Defer the FY09 cost of living adjustment.

State General Funds

($203,707)

($203,707)

9.99 SAC: The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4301

9.100-Audit and Assurance Services

Appropriation (HB 119)

The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education

systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State

of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct

performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of

local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online

to promote transparency in government.

TOTAL STATE FUNDS

$29,330,618 $27,983,318 $28,030,217 $28,666,166

State General Funds

$29,330,618 $27,983,318 $28,030,217 $28,666,166

TOTAL PUBLIC FUNDS

$29,330,618 $27,983,318 $28,030,217 $28,666,166

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

$1,729,799 $1,729,799 $1,729,799

$1,729,799 $1,729,799 $1,729,799

$1,729,799 $1,729,799 $1,729,799

$1,729,799 $1,729,799 $1,729,799

10.1 Reduce funds from personnel.

State General Funds

($53,671)

($53,671)

($62,149)

($62,149)

10.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($47,575)

($41,112)

$0

10.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($13,306)

($13,306)

($23,361)

10.4 Defer the FY09 cost of living adjustment.

State General Funds

($15,694)

($15,694)

10.5 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($3,580)

($3,580)

10.100 -Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to all Department programs.

TOTAL STATE FUNDS

$1,676,128

$1,615,247

State General Funds

$1,676,128

$1,615,247

TOTAL PUBLIC FUNDS

$1,676,128

$1,615,247

$1,593,958 $1,593,958 $1,593,958

$1,625,015 $1,625,015 $1,625,015

4302

JOURNAL OF THE HOUSE

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

$123,743 $123,743 $123,743

$123,743 $123,743 $123,743

$123,743 $123,743 $123,743

$123,743 $123,743 $123,743

11.1 Reduce funds from personnel.

State General Funds

($3,860)

($3,860)

$0

$0

11.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($3,758)

($3,247)

$0

11.3 Defer the FY09 cost of living adjustment.

State General Funds

($860)

($860)

11.99 SAC: The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures.

State General Funds

$0

11.100 -Legislative Services

Appropriation (HB 119)

The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and

to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures.

TOTAL STATE FUNDS

$119,883

$116,125

$119,636

$122,883

State General Funds

$119,883

$116,125

$119,636

$122,883

TOTAL PUBLIC FUNDS

$119,883

$116,125

$119,636

$122,883

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

$2,289,648 $2,289,648 $2,289,648

$2,289,648 $2,289,648 $2,289,648

$2,289,648 $2,289,648 $2,289,648

$2,289,648 $2,289,648 $2,289,648

12.1 Reduce funds from personnel. State General Funds

($150,486)

($150,486)

($253,657)

($253,657)

WEDNESDAY, APRIL 1, 2009

4303

12.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($76,122)

($65,780)

$0

12.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($23,286)

($23,286)

($58,520)

12.4 Defer the FY09 cost of living adjustment.

State General Funds

($11,117)

($11,117)

12.99

SAC: 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 and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of assessment for centrally assessed public utility companies.

State General Funds

$0

12.100 -Statewide Equalized Adjusted Property Tax Digest

Appropriation (HB 119)

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 and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data

regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of

assessment for centrally assessed public utility companies.

TOTAL STATE FUNDS

$2,139,162

$2,039,754

$1,935,808

$1,966,354

State General Funds

$2,139,162

$2,039,754

$1,935,808

$1,966,354

TOTAL PUBLIC FUNDS

$2,139,162

$2,039,754

$1,935,808

$1,966,354

Section 5: Appeals, Court of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Continuation

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$13,354,713 $13,127,944

$13,354,713 $13,127,944

$150,000

$150,000

$150,000

$150,000

$13,504,713 $13,277,944

$13,167,528 $13,167,528
$150,000 $150,000 $13,317,528

$13,452,235 $13,452,235
$150,000 $150,000 $13,602,235

4304

JOURNAL OF THE HOUSE

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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

13.1 Defer the FY09 cost of living adjustment.

State General Funds

($159,151)

($159,151)

($159,151)

($159,151)

13.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($407,398)

($500,620)

($432,607)

$0

13.3 Reduce funds by eliminating nine filled support positions, not filling a vacant attorney position, and temporarily suspending the summer internship program.

State General Funds

($615,362)

($615,362)

($615,362)

($615,362)

13.4 Reduce funds by delaying the printing of court rules, microfilm services, and equipment replacements.

State General Funds

($193,311)

($193,311)

($193,311)

($193,311)

13.5 Reduce funds from the Westlaw contract and temporarily suspend online legal subscription services.

State General Funds

($42,000)

($42,000)

($42,000)

($42,000)

13.6 Reduce funds received in HB990 (FY09G) to upgrade the court's docket system.

State General Funds

($147,900)

($147,900)

($147,900)

($147,900)

13.7 Increase funds to purchase client licenses for the Novell Access Manager Security appliance that will be used to limit access to the court's e-filing and docket systems.

State General Funds

$27,500

$27,500

$0

$0

13.8 Increase funds to upgrade the docket system. [One-Time Change]

State General Funds

$147,900

$147,900

$147,900

$0

13.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($133,547)

($133,547)

($133,547)

13.10 Reduce merit system assessments from $147 to $137 per position.

WEDNESDAY, APRIL 1, 2009

4305

State General Funds

($929)

($929)

13.99 SAC: The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law.

State General Funds

$0

13.100 -Court of Appeals

Appropriation (HB 119)

The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of

Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law.

TOTAL STATE FUNDS

$13,354,713 $13,127,944 $13,167,528 $13,452,235

State General Funds

$13,354,713 $13,127,944 $13,167,528 $13,452,235

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

$13,504,713 $13,277,944 $13,317,528 $13,602,235

Section 6: Judicial Council
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

$16,345,321 $16,345,321 $2,492,903 $2,492,903
$615,890 $615,890 $19,454,114

$16,345,321 $16,345,321 $2,492,903
$2,492,903 $615,890 $615,890
$19,454,114

$16,345,321 $16,345,321
$2,492,903 $2,492,903
$615,890 $615,890 $19,454,114

$16,345,321 $16,345,321 $2,492,903
$2,492,903 $615,890 $615,890
$19,454,114

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

$15,021,404 $14,903,628

$15,021,404 $14,903,628

$2,492,903

$2,492,903

$2,492,903

$2,492,903

$615,890

$615,890

$615,890

$615,890

$18,130,197 $18,012,421

$15,063,392 $15,063,392 $2,492,903 $2,492,903
$615,890 $615,890 $18,172,185

$10,637,139 $10,637,139 $2,492,903 $2,492,903
$1,095,890 $1,095,890 $14,225,932

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

$196,638 $196,638

$196,638 $196,638

$196,638 $196,638

$196,638 $196,638

4306

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$172,890 $172,890 $172,890 $369,528

$172,890 $172,890 $172,890 $369,528

$172,890 $172,890 $172,890 $369,528

$172,890 $172,890 $172,890 $369,528

14.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,117)

($3,117)

($3,117)

($3,117)

14.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($11,894)

($17,505)

($15,127)

$0

14.3 Reduce funds and the use of temporary professional employees to help with seasonal projects such as the annual report and trainings.

State General Funds

($10,898)

($10,898)

($45,406)

($45,406)

14.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($1,707)

($1,707)

($1,707)

14.5 Reduce funds and become self sufficient.

State General Funds

($146,408)

14.99

SAC: The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness.

State General Funds

$0

14.100 -Georgia Office of Dispute Resolution

Appropriation (HB 119)

The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new

ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals

and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness.

TOTAL STATE FUNDS

$170,729

$163,411

$131,281

State General Funds

$170,729

$163,411

$131,281

TOTAL AGENCY FUNDS

$172,890

$172,890

$172,890

$172,890

Sales and Services

$172,890

$172,890

$172,890

$172,890

Sales and Services Not Itemized

$172,890

$172,890

$172,890

$172,890

TOTAL PUBLIC FUNDS

$343,619

$336,301

$304,171

$172,890

WEDNESDAY, APRIL 1, 2009

4307

Institute of Continuing Judicial Education

Continuation Budget

The purpose of this appropriation is to provide basic training and continuing education to elected officials, court support personnel and volunteer agents of the

State's judicial branch.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

15.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,105)

($6,105)

($6,105)

($6,105)

15.2 Reduce funds by freezing the vacant program support position for court administrative personnel training. (S:Reduce funds received in HB990 (FY09G) to conduct a court administrators professional certification program)

State General Funds

($40,000)

($40,000)

($40,000)

($77,296)

15.3 Reduce funds by instituting a moratorium on financial aid for nationally-based educational travel.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

15.4 Reduce funds by cancelling the 2009 Annual Conference for law clerks.

State General Funds

($15,000)

($15,000)

($15,000)

($15,000)

15.5 Reduce funds by eliminating the design and delivery of the 2009 Leadership Academy.

State General Funds

($12,514)

($12,514)

($12,514)

($12,514)

15.6 Increase funds for the training of new judges.

State General Funds

$10,000

$10,000

$0

$0

15.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($12,244)

($12,244)

($12,244)

15.8 Reduce funds by suspending the annual assessment fee for FY10.

State General Funds

($50,000)

15.9 Reduce funds received in HB990 (FY09G) for magistrate court judicial educational products and services.

State General Funds

($100,000)

15.10 Eliminate funds by charging judges and court personnel for the cost of their training.

State General Funds

($1,014,841)

15.99 SAC: The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal

4308

JOURNAL OF THE HOUSE

Court Clerks, and other court personnel.

State General Funds

$0

15.100 -Institute of Continuing Judicial Education

Appropriation (HB 119)

The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges,

Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other

court personnel.

TOTAL STATE FUNDS

$1,224,381

$1,212,137

$1,202,137

State General Funds

$1,224,381

$1,212,137

$1,202,137

TOTAL AGENCY FUNDS

$177,500

$177,500

$177,500

$177,500

Sales and Services

$177,500

$177,500

$177,500

$177,500

Sales and Services Not Itemized

$177,500

$177,500

$177,500

$177,500

TOTAL PUBLIC FUNDS

$1,401,881

$1,389,637

$1,379,637

$177,500

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
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$13,971,643 $13,971,643 $2,492,903 $2,492,903
$265,500 $265,500 $265,500 $16,730,046

$13,971,643 $13,971,643 $2,492,903
$2,492,903 $265,500 $265,500 $265,500
$16,730,046

$13,971,643 $13,971,643
$2,492,903 $2,492,903
$265,500 $265,500 $265,500 $16,730,046

$13,971,643 $13,971,643 $2,492,903
$2,492,903 $265,500 $265,500 $265,500
$16,730,046

16.1 Defer the FY09 cost of living adjustment.

State General Funds

($73,828)

($73,828)

($73,828)

($73,828)

16.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($270,877)

($229,198)

($198,060)

$0

16.3 Reduce funds from the Administrative Office of the Courts (AOC) by eliminating the contract for maintenance of the SUSTAIN Case Management software system.

State General Funds

($250,000)

($250,000)

$0

($250,000)

WEDNESDAY, APRIL 1, 2009

4309

16.4 Reduce funds from the AOC by freezing the following vacant positions: an administrative assistant in the General Counsel Division, a desktop administrator in the Technology Division, and a research position in the Research Division.

State General Funds

($175,569)

($175,569)

$0

($175,569)

16.5 Reduce funds from the Council of State Court Judges (-$15,932), Council of Probate Court Judges (-$4,687), Council of Municipal Court Judges ($1,140), Council of Magistrate Court Judges (-$11,935), and Council of Court Administrators (-$286).

State General Funds

($33,980)

($33,980)

($33,980)

($33,980)

16.6 Reduce funds and the amount of grants to be awarded to local drug courts. (S:Replace funds by charging drug court participants a supervision fee of $25 per month)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($139,139)

($139,139)

($139,139)

($619,139) $480,000 ($139,139)

16.7 Reduce funds from the Child Support Guidelines Commission by suspending all travel, printing, and publications for laminated bench cards and child support calculator worksheet guides, and meetings.

State General Funds

($6,324)

($6,324)

($6,324)

($6,324)

16.8 Reduce funds from the County and Municipal Probation Advisory Council by eliminating the reimbursements for member expenses and suspending registrations for conferences.

State General Funds

($17,068)

($17,068)

($17,068)

($17,068)

16.9 Reduce funds and the grants awarded for civil legal services to Victims of Domestic Violence.

State General Funds

($128,078)

($128,078)

$148,326

($128,078)

16.10 Reduce funds from the Committee on Access and Fairness by discontinuing the newsletter in print form, reducing Color of Justice programs, and reducing the number of meetings held from six to four. (S:Eliminate the Committee on Access and Fairness)

State General Funds

($6,577)

($6,577)

($35,000)

($112,784)

16.11 Reduce funds from the Georgia Law School Consortium and the stipends paid to approximately thirty students beginning in the 2009 spring semester. (H and S:Eliminate funds for the Georgia Law School Consortium)

State General Funds

($10,585)

($10,585)

($176,416)

($176,416)

16.12 Reduce funds from the Georgia Courts Automation Commission by reducing the number of facilitated sessions for the Strategic IT and Business Plans, the Common Judicial Data Dictionary project, and the National Information Exchange Model Mapping program.

State General Funds

($50,296)

($50,296)

($650,000)

($200,000)

16.13 Reduce funds to reflect the revised revenue estimate. (H:Increase funds for the AOC)

State General Funds

($128,093)

$96,241

($128,093)

16.14 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($3,384)

($3,384)

16.15 Eliminate funds for the Traffic Information Processing System (TIPS).

State General Funds

($167,282)

4310

JOURNAL OF THE HOUSE

16.16 Reduce one-time funds received in HB990 (FY09G) for the 2009 National Mock Trial Competition.

State General Funds

($10,000)

16.17 Eliminate funds for the Macon Office.

State General Funds

($36,360)

16.97 Transfer all funds and activities for Legal Services for Victims of Domestic Violence to the Criminal Justice Coordinating Council (CJCC).

State General Funds

($2,006,548)

16.98 Transfer all funds and activities to the newly created Accountability Courts, Administrative Office of the Courts, Children and Family Court Services, Councils of Limited Jurisdiction Courts, Statewide Technology Programs, and Legal and Regulatory Services programs.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($9,826,790) ($2,492,903)
($745,500) ($13,065,193)

16.99

SAC: The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Standing Committee on Drug Courts, provided that $2,150,000 is designated for Drug and DUI Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, and the State Court Judges; to operate the Georgia Courts Automation Commission, the Child Support E-Filing system, and the Child Support Guidelines Commission, the Commission on Interpreters, the Board of Court Reporting, the County and Municipal Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children and the Advisory Committee on Healthy Marriages.

State General Funds

$0

16.100 -Judicial Council

Appropriation (HB 119)

The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Standing Committee on Drug

Courts, provided that $2,150,000 is designated for Drug and DUI Courts; to provide administrative support for the councils of the Magistrate Court Judges, the

Municipal Court Judges, the Probate Court Judges, and the State Court Judges; to operate the Georgia Courts Automation Commission, the Child Support E-

Filing system, and the Child Support Guidelines Commission, the Commission on Interpreters, the Board of Court Reporting, the County and Municipal

Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children and the Advisory Committee on

Healthy Marriages.

TOTAL STATE FUNDS

$12,809,322 $12,722,908 $12,883,011

State General Funds

$12,809,322 $12,722,908 $12,883,011

TOTAL FEDERAL FUNDS

$2,492,903

$2,492,903

$2,492,903

Federal Funds Not Itemized

$2,492,903

$2,492,903

$2,492,903

TOTAL AGENCY FUNDS

$265,500

$265,500

$265,500

Sales and Services

$265,500

$265,500

$265,500

Sales and Services Not Itemized

$265,500

$265,500

$265,500

TOTAL PUBLIC FUNDS

$15,567,725 $15,481,311 $15,641,414

WEDNESDAY, APRIL 1, 2009

4311

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

$299,040 $299,040 $299,040

$299,040 $299,040 $299,040

$299,040 $299,040 $299,040

$299,040 $299,040 $299,040

17.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,226)

($2,226)

($2,226)

($2,226)

17.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($7,695)

($11,325)

($9,786)

$0

17.3 Reduce funds from operations.

State General Funds

($17,347)

($17,347)

($17,347)

($17,347)

17.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($2,718)

($2,718)

($2,718)

17.99

SAC: The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations of unethical campaign practices.

State General Funds

$0

17.100 -Judicial Qualifications Commission

Appropriation (HB 119)

The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial

officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce

formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations

of unethical campaign practices.

TOTAL STATE FUNDS

$271,772

$265,424

$266,963

$276,749

State General Funds

$271,772

$265,424

$266,963

$276,749

TOTAL PUBLIC FUNDS

$271,772

$265,424

$266,963

$276,749

Resource Center

Continuation Budget

The purpose of this appropriation is to provide representation to all death penalty sentenced inmates in habeas proceedings.

4312

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$580,000 $580,000 $580,000

$580,000 $580,000 $580,000

$580,000 $580,000 $580,000

$580,000 $580,000 $580,000

18.1 Reduce funds from operations.

State General Funds

($34,800)

($34,800)

$0

($34,800)

18.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,452)

$0

($11,600)

18.99 SAC: The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent plaintiffs in habeas corpus proceedings.

State General Funds

$0

18.100 -Resource Center

Appropriation (HB 119)

The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent

plaintiffs in habeas corpus proceedings.

TOTAL STATE FUNDS

$545,200

$539,748

$580,000

$533,600

State General Funds

$545,200

$539,748

$580,000

$533,600

TOTAL PUBLIC FUNDS

$545,200

$539,748

$580,000

$533,600

Accountability Courts
TOTAL STATE FUNDS State General Funds

Continuation Budget
$0 $0

508.98 Transfer all funds and activities for adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts from the Judicial Council program.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,702,432 $812,528 $539,000
$3,053,960

508.99 SAC: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as, the Judicial Council Standing Committee on Drug Courts.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4313

508.100-Accountability Courts

Appropriation (HB 119)

The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health

courts, as well as, the Judicial Council Standing Committee on Drug Courts.

TOTAL STATE FUNDS

$1,702,432

State General Funds

$1,702,432

TOTAL FEDERAL FUNDS

$812,528

Federal Funds Not Itemized

$812,528

TOTAL AGENCY FUNDS

$539,000

Sales and Services

$539,000

Sales and Services Not Itemized

$539,000

TOTAL PUBLIC FUNDS

$3,053,960

Administrative Office of the Courts
TOTAL STATE FUNDS State General Funds

Continuation Budget
$0 $0

509.98 Transfer all funds and activities for the Administrative Office of the Courts (AOC) director's office, Judicial Council operations, administrative/budget/support, finance/accounting, policy and business process, planning, court services operations, human resources, communications/publications, research operations, governmental affairs, and the intern program from the Judicial Council program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$3,462,315 $32,447
$3,494,762

509.99 SAC: The purpose of this appropriation is to provide administrative support to the Judicial Council.

State General Funds

509.100-Administrative Office of the Courts

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to the Judicial Council.

TOTAL STATE FUNDS

State General Funds

TOTAL AGENCY FUNDS

Sales and Services

Sales and Services Not Itemized

TOTAL PUBLIC FUNDS

Children and Family Court Services
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0
$3,462,315 $3,462,315
$32,447 $32,447 $32,447 $3,494,762
$0 $0

4314

JOURNAL OF THE HOUSE

510.98 Transfer all funds and activities for the Appalachian Family Law Information Center (FLIC), Child Support Commission, Children, Family and the Courts, Children, Marriage and Family Law, Committee on Civil Justice, Committee on Justice for Children, and grants management from the Judicial Council program.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$853,176 $1,680,375 $2,533,551

510.99 SAC: The purpose of this appropriation is to support the Appalachian Family Law Information Center, the Child Support Guidelines Commission, Children, Family and the Courts, Children, Marriage and Family Law, the Committee on Civil Justice, and the Committee on Justice for Children, and to provide grants management.

State General Funds

$0

510.100-Children and Family Court Services

Appropriation (HB 119)

The purpose of this appropriation is to support the Appalachian Family Law Information Center, the Child Support Guidelines Commission, Children, Family

and the Courts, Children, Marriage and Family Law, the Committee on Civil Justice, and the Committee on Justice for Children, and to provide grants

management.

TOTAL STATE FUNDS

$853,176

State General Funds

$853,176

TOTAL FEDERAL FUNDS

$1,680,375

Federal Funds Not Itemized

$1,680,375

TOTAL PUBLIC FUNDS

$2,533,551

Councils of Limited Jurisdictions Courts
TOTAL STATE FUNDS State General Funds

Continuation Budget
$0 $0

511.98 Transfer all funds and activities for the Council of Magistrate Court Judges, Council of Municipal Court Judges, Council of Probate Court Judges, Council of State Court Judges, and Council of Court Administrators from the Judicial Council program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$526,428 $15,000
$541,428

511.99 SAC: The purpose of this appropriation is to provide administrative support for the Councils of Magistrate Court Judges, Municipal Court Judges, Probate Court Judges, State Court Judges, and Court Administrators.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4315

511.100-Councils of Limited Jurisdictions Courts

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for the Councils of Magistrate Court Judges, Municipal Court Judges, Probate Court

Judges, State Court Judges, and Court Administrators.

TOTAL STATE FUNDS

$526,428

State General Funds

$526,428

TOTAL AGENCY FUNDS

$15,000

Sales and Services

$15,000

Sales and Services Not Itemized

$15,000

TOTAL PUBLIC FUNDS

$541,428

Legal & Regulatory Services
TOTAL STATE FUNDS State General Funds

Continuation Budget
$0 $0

512.98 Transfer all funds and activities for the Board of Court Reporting, Commission on Interpreters, County and Municipal Probation Advisory Council (CMPAC), and General Counsel Division from the Judicial Council program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$719,588 $159,053 $878,641

512.99 SAC: The purpose of this appropriation is to support the Board of Court Reporting, the Commission on Interpreters, the County and Municipal Probation Advisory Council (CMPAC), and the General Counsel Division.

State General Funds

$0

512.100-Legal & Regulatory Services

Appropriation (HB 119)

The purpose of this appropriation is to support the Board of Court Reporting, the Commission on Interpreters, the County and Municipal Probation Advisory

Council (CMPAC), and the General Counsel Division.

TOTAL STATE FUNDS

$719,588

State General Funds

$719,588

TOTAL AGENCY FUNDS

$159,053

Sales and Services

$159,053

Sales and Services Not Itemized

$159,053

TOTAL PUBLIC FUNDS

$878,641

Statewide Technology Programs
TOTAL STATE FUNDS State General Funds

Continuation Budget
$0 $0

4316

JOURNAL OF THE HOUSE

513.98 Transfer all funds and activities for the Georgia Judicial Exchange, Georgia Courts Automation Commission (GCAC), and Administrative Office of the Courts (AOC) Technology and Support Services from the Judicial Council program.

State General Funds

$2,562,851

513.99 SAC: The purpose of this appropriation is to support the Georgia Courts Automation Commission and provide technology support and services to courts.

State General Funds

$0

513.100-Statewide Technology Programs

Appropriation (HB 119)

The purpose of this appropriation is to support the Georgia Courts Automation Commission and provide technology support and services to courts.

TOTAL STATE FUNDS

$2,562,851

State General Funds

$2,562,851

TOTAL PUBLIC FUNDS

$2,562,851

Section 7: Juvenile Courts
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation

$6,691,660 $6,691,660
$447,456 $447,456 $7,139,116

$6,691,660 $6,691,660
$447,456 $447,456 $7,139,116

$6,691,660 $6,691,660
$447,456 $447,456 $7,139,116

$6,691,660 $6,691,660
$447,456 $447,456 $7,139,116

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final

$6,532,353

$6,511,026

$6,532,353

$6,511,026

$447,456

$447,456

$447,456

$447,456

$6,979,809

$6,958,482

$6,534,968 $6,534,968
$447,456 $447,456 $6,982,424

$6,561,715 $6,561,715
$447,456 $447,456 $7,009,171

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

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

19.1 Defer the FY09 cost of living adjustment.

WEDNESDAY, APRIL 1, 2009

4317

State General Funds

($14,189)

($14,189)

($14,189)

($14,189)

19.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($46,418)

($50,689)

($43,803)

$0

19.3 Reduce funds from the purchase of services for the Juvenile Offenders Program that reimburses county governments for community-based services that provide alternatives to institutional treatment.

State General Funds

($98,700)

($98,700)

($98,700)

($98,700)

19.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($17,056)

$0

($17,056)

19.100 -Council of Juvenile Court Judges

Appropriation (HB 119)

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

$1,546,292

$1,524,965

$1,548,907

$1,575,654

State General Funds

$1,546,292

$1,524,965

$1,548,907

$1,575,654

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

$1,993,748

$1,972,421

$1,996,363

$2,023,110

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

$4,986,061 $4,986,061 $4,986,061

$4,986,061 $4,986,061 $4,986,061

$4,986,061 $4,986,061 $4,986,061

$4,986,061 $4,986,061 $4,986,061

20.100 -Grants to Counties for Juvenile Court Judges

Appropriation (HB 119)

The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.

TOTAL STATE FUNDS

$4,986,061

$4,986,061

State General Funds

$4,986,061

$4,986,061

TOTAL PUBLIC FUNDS

$4,986,061

$4,986,061

$4,986,061 $4,986,061 $4,986,061

$4,986,061 $4,986,061 $4,986,061

Section 8: Prosecuting Attorneys
TOTAL STATE FUNDS State General Funds

Section Total - Continuation

$59,281,695 $59,281,695

$59,281,695 $59,281,695

$59,281,695 $59,281,695

$59,281,695 $59,281,695

4318

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$1,767,046 $1,767,046 $61,048,741

$1,767,046 $1,767,046 $61,048,741

$1,767,046 $1,767,046 $61,048,741

$1,767,046 $1,767,046 $61,048,741

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$58,153,511 $57,424,402

$58,153,511 $57,424,402

$1,802,127

$1,802,127

$1,802,127

$1,802,127

$59,955,638 $59,226,529

$56,644,090 $56,644,090 $1,802,127 $1,802,127 $58,446,217

$57,208,442 $57,208,442 $1,802,127 $1,802,127 $59,010,569

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

$52,323,746 $52,323,746 $1,767,046 $1,767,046 $1,767,046 $54,090,792

$52,323,746 $52,323,746 $1,767,046 $1,767,046 $1,767,046 $54,090,792

$52,323,746 $52,323,746
$1,767,046 $1,767,046 $1,767,046 $54,090,792

$52,323,746 $52,323,746 $1,767,046
$1,767,046 $1,767,046 $54,090,792

21.1 Defer the FY09 cost of living adjustment.

State General Funds

($637,857)

($637,857)

($637,857)

($637,857)

21.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,828,766) ($1,964,186) ($1,697,338)

$0

21.3 Increase funds to cover a projected shortfall. (H:One-time funds)

State General Funds

$363,433

$363,433

$300,000

$0

21.4 Increase funds for three additional Assistant District Attorneys associated with the creation of additional judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session).

State General Funds

$223,156

$223,156

$223,156

$223,156

21.5 Increase funds to reinstate the step increases and promotions that were suspended temporarily in FY09. (H:Utilize existing funds)

State General Funds

$349,150

$349,150

$0

($349,150)

21.6 Increase funds to provide step increases and promotions during FY10.

WEDNESDAY, APRIL 1, 2009

4319

State General Funds

$590,000

$590,000

$590,000

$0

21.7 Increase funds to reflect a change in the child support contract with the Department of Human Resources.

FF Child Support Enforcement Title IV-D CFDA93.563

$35,081

$35,081

$35,081

$35,081

21.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($513,829)

($513,829)

($513,829)

21.9 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($5,497)

($5,497)

21.99 SAC: The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18.

State General Funds

$0

21.100 -District Attorneys

Appropriation (HB 119)

The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for

the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18.

TOTAL STATE FUNDS

$51,382,862 $50,733,613 $50,582,381 $51,040,569

State General Funds

$51,382,862 $50,733,613 $50,582,381 $51,040,569

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,802,127

$1,802,127

$1,802,127

$1,802,127

Federal Funds Transfers

$1,802,127

$1,802,127

$1,802,127

$1,802,127

FF Child Support Enforcement Title IV-D CFDA93.563

$1,802,127

$1,802,127

$1,802,127

$1,802,127

TOTAL PUBLIC FUNDS

$53,184,989 $52,535,740 $52,384,508 $52,842,696

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

$6,957,949 $6,957,949 $6,957,949

$6,957,949 $6,957,949 $6,957,949

$6,957,949 $6,957,949 $6,957,949

$6,957,949 $6,957,949 $6,957,949

22.1 Defer the FY09 cost of living adjustment.

State General Funds

($52,707)

($52,707)

($52,707)

($52,707)

22.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($164,504)

($176,658)

($152,658)

$0

22.3 Increase funds to reinstate the step increases and promotions that were suspended temporarily in FY09. (H:Utilize existing funds)

4320

JOURNAL OF THE HOUSE

State General Funds

$11,575

$11,575

$0

($11,575)

22.4 Increase funds to provide step increases and promotions during FY10.

State General Funds

$9,184

$9,184

$9,184

$0

22.5 Increase funds for real estate rents.

State General Funds

$9,152

$9,152

$0

$0

22.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($67,706)

($67,706)

($67,706)

22.7 Reduce funds and defer filling four vacant positions. (S:Reduce additional funds from the training of the vacant victim witness coordinator position)

State General Funds

($632,353)

($658,088)

22.100 -Prosecuting Attorney's Council

Appropriation (HB 119)

The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.

TOTAL STATE FUNDS

$6,770,649

$6,690,789

State General Funds

$6,770,649

$6,690,789

TOTAL PUBLIC FUNDS

$6,770,649

$6,690,789

$6,061,709 $6,061,709 $6,061,709

$6,167,873 $6,167,873 $6,167,873

Section 9: Superior Courts
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$63,622,100 $63,622,100 $63,622,100

$63,622,100 $63,622,100 $63,622,100

$63,622,100 $63,622,100 $63,622,100

$63,622,100 $63,622,100 $63,622,100

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $59,040,266 $57,860,640 $59,040,266 $57,860,640 $59,040,266 $57,860,640

$57,955,798 $57,955,798 $57,955,798

$59,999,072 $59,999,072 $59,999,072

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

$1,751,550 $1,751,550 $1,751,550

$1,751,550 $1,751,550 $1,751,550

$1,751,550 $1,751,550 $1,751,550

$1,751,550 $1,751,550 $1,751,550

23.1 Eliminate funds received in HB990 (FY09G) for the Judicial Data Exchange (JDX) project. (H:Partially restore funds)

State General Funds

($1,500,000) ($1,500,000) ($1,000,000)

23.2 Reduce funds to reflect the revised revenue estimate.

($1,500,000)

WEDNESDAY, APRIL 1, 2009

4321

State General Funds

($2,515)

($2,515)

($20,124)

23.100 -Council of Superior Court Clerks

Appropriation (HB 119)

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

$251,550

$249,035

$749,035

$231,426

State General Funds

$251,550

$249,035

$749,035

$231,426

TOTAL PUBLIC FUNDS

$251,550

$249,035

$749,035

$231,426

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

$1,483,201 $1,483,201 $1,483,201

$1,483,201 $1,483,201 $1,483,201

$1,483,201 $1,483,201 $1,483,201

$1,483,201 $1,483,201 $1,483,201

24.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($40,504)

($55,545)

($47,999)

$0

24.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($14,427)

($14,427)

($94,787)

24.3 Defer the FY09 cost of living adjustment.

State General Funds

($16,204)

($16,204)

24.4 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($330)

($330)

24.5 Reduce funds due to the early elimination of the Sentence Review Panel.

State General Funds

($22,240)

24.99 SAC: The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the administration of justice through leadership, training, policy development and budgetary and fiscal administration.

State General Funds

$0

4322

JOURNAL OF THE HOUSE

24.100 -Council of Superior Court Judges

Appropriation (HB 119)

The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the

administration of justice through leadership, training, policy development and budgetary and fiscal administration.

TOTAL STATE FUNDS

$1,442,697

$1,413,229

$1,404,241

$1,349,640

State General Funds

$1,442,697

$1,413,229

$1,404,241

$1,349,640

TOTAL PUBLIC FUNDS

$1,442,697

$1,413,229

$1,404,241

$1,349,640

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

$2,348,845 $2,348,845 $2,348,845

$2,348,845 $2,348,845 $2,348,845

$2,348,845 $2,348,845 $2,348,845

$2,348,845 $2,348,845 $2,348,845

25.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($56,145)

($76,995)

($66,535)

$0

25.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($22,927)

($22,927)

($152,147)

25.3 Defer the FY09 cost of living adjustment.

State General Funds

($24,360)

($24,360)

25.100 -Judicial Administrative Districts

Appropriation (HB 119)

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

$2,292,700

$2,248,923

$2,235,023

$2,172,338

State General Funds

$2,292,700

$2,248,923

$2,235,023

$2,172,338

TOTAL PUBLIC FUNDS

$2,292,700

$2,248,923

$2,235,023

$2,172,338

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.

WEDNESDAY, APRIL 1, 2009

4323

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$58,038,504 $58,038,504 $58,038,504

$58,038,504 $58,038,504 $58,038,504

$58,038,504 $58,038,504 $58,038,504

$58,038,504 $58,038,504 $58,038,504

26.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,490,047) ($2,043,379) ($1,765,773)

$0

26.2 Eliminate pass-thru funds for employer contributions for county-paid judges and staff and for the Superior Court Judges Emeritus Retirement.

State General Funds

($3,610,086) ($3,610,086) ($1,000,000)

$0

26.3 Increase funds for costs associated with the creation of three new judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session). (S:Remove funds for law assistants)

State General Funds

$1,151,310

$1,151,310

$1,151,310

$854,126

26.4 Increase and restore funds removed in HB990 (FY09G) due to the revenue estimate change.

State General Funds

$714,125

$714,125

$101,000

$101,000

26.5 Increase funds for judges' travel and reflect increases in the mileage reimbursement rates and other travel costs.

State General Funds

$249,513

$249,513

$60,000

$60,000

26.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($550,534)

($550,534)

($340,954)

26.7 Defer the FY09 cost of living adjustment.

State General Funds

($669,099)

($669,099)

26.8 Reduce funds for Senior Judge usage.

State General Funds

($1,797,909) ($1,797,909)

26.99 SAC: The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land, provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks.

State General Funds

$0

26.100 -Superior Court Judges

Appropriation (HB 119)

The purpose of this appropriation is to enable Georgia's Superior Courts to be the 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.

4324

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$55,053,319 $55,053,319 $55,053,319

$53,949,453 $53,949,453 $53,949,453

$53,567,499 $53,567,499 $53,567,499

$56,245,668 $56,245,668 $56,245,668

Section 10: Supreme Court
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final

$8,086,951

$7,822,633

$8,086,951

$7,822,633

$8,086,951

$7,822,633

$7,747,900 $7,747,900 $7,747,900

$8,026,295 $8,026,295 $8,026,295

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

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

27.1 Defer the FY09 cost of living adjustment.

State General Funds

($89,806)

($89,806)

($89,806)

($89,806)

27.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($220,936)

($404,384)

($349,445)

$0

27.3 Reduce funds by eliminating five positions, the summer internship program and from operations.

State General Funds

($511,634)

($511,634)

($511,634)

($511,634)

27.4 Increase funds to provide salary adjustments for law assistants.

State General Funds

$71,353

$71,353

$0

$0

27.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($80,870)

$0

$0

WEDNESDAY, APRIL 1, 2009

4325

27.6 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($680)

($680)

27.7 Reduce funds from the February 2010 bar exam based on revised application fees.

State General Funds

($138,509)

($138,509)

27.8 Reduce one-time funds received in HB990 (FY09G) to create a disaster recovery co-location site and provide equipment upgrades.

State General Funds

($71,050)

27.99

SAC: The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and oversight of the Office of Reporter of Decisions.

State General Funds

$0

27.100 -Supreme Court of Georgia

Appropriation (HB 119)

The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the

construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that

has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the

Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and

oversight of the Office of Reporter of Decisions.

TOTAL STATE FUNDS

$8,086,951

$7,822,633

$7,747,900

$8,026,295

State General Funds

$8,086,951

$7,822,633

$7,747,900

$8,026,295

TOTAL PUBLIC FUNDS

$8,086,951

$7,822,633

$7,747,900

$8,026,295

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

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$4,622,320

$4,535,832

$4,622,320

$4,535,832

$10,286,033 $10,286,033

$10,286,033 $10,286,033

$14,908,353 $14,821,865

$4,077,625 $4,077,625 $10,286,033 $10,286,033 $14,363,658

$4,626,452 $4,626,452 $10,286,033 $10,286,033 $14,912,485

4326

JOURNAL OF THE HOUSE

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

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

28.1 Defer the FY09 cost of living adjustment.

State General Funds

($40,448)

($40,448)

($40,448)

($40,448)

28.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($78,217)

($118,482)

($102,385)

$0

28.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$68,563

$68,563

$68,563

$68,563

28.4 Reduce funds by delaying equipment replacements and only authorizing emergency purchases.

State General Funds

($11,427)

($11,427)

($11,427)

($11,427)

28.5 Reduce funds by limiting purchases, only publishing critical reports, using orders from prior years to meet Oracle training needs, and curtailing travel and staff training.

State General Funds

($117,787)

($117,787)

($117,787)

($117,787)

28.6 Reduce funds from operations.

State General Funds

($269,793)

($269,793)

($269,793)

($269,793)

28.7 Reduce funds from personnel. (H:Reflect additional vacancies)

State General Funds

($250,000)

($250,000)

($723,221)

($250,000)

28.8 Reduce funds related to the delayed implementation of streamlined banking.

State General Funds

($134,744)

($134,744)

($134,744)

($538,868)

28.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($46,223)

($46,223)

($46,223)

28.10 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($1,083)

($1,083)

WEDNESDAY, APRIL 1, 2009

4327

28.99 SAC: The purpose of this appropriation is to provide statewide policies and guidance on accounting and financial procedures, to provide financial management assistance to state agencies, to prepare the Comprehensive Annual Financial Report, Budgetary Compliance Report, Single Audit Report, and other statutory and regulatory reports, and to develop and maintain the state's financial and human capital management system.

State General Funds

$0

28.100 -State Accounting Office

Appropriation (HB 119)

The purpose of this appropriation is to provide statewide policies and guidance on accounting and financial procedures, to provide financial management

assistance to state agencies, to prepare the Comprehensive Annual Financial Report, Budgetary Compliance Report, Single Audit Report, and other statutory

and regulatory reports, and to develop and maintain the state's financial and human capital management system.

TOTAL STATE FUNDS

$4,622,320

$4,535,832

$4,077,625

$4,249,107

State General Funds

$4,622,320

$4,535,832

$4,077,625

$4,249,107

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$10,286,033 $10,286,033 $10,286,033 $10,286,033

State Funds Transfers

$10,286,033 $10,286,033 $10,286,033 $10,286,033

Accounting System Assessments

$10,286,033 $10,286,033 $10,286,033 $10,286,033

TOTAL PUBLIC FUNDS

$14,908,353 $14,821,865 $14,363,658 $14,535,140

28.101 Special Project - State Accounting Office: Increase funds for training, upgrades and other activities necessary to ensure budgetary compliance

by fund source within a program as determined by the Department of Audits.

State General Funds

$377,345

Section 12: Administrative Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

$13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

$13,792,429 $13,792,429 $21,463,729
$6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

$13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances

Section Total - Final

$9,745,324

$9,728,305

$9,745,324

$9,728,305

$19,333,105 $19,333,105

$6,834,082

$6,834,082

$9,232,520 $9,232,520 $15,501,850 $3,002,827

$5,570,546 $5,570,546 $13,382,237
$973,720

4328

JOURNAL OF THE HOUSE

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
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

$3,352,238 $7,139,999
$126,214 $1,880,572 $131,974,783 $131,974,783 $161,053,212

$3,352,238 $7,139,999
$126,214 $1,880,572 $131,974,783 $131,974,783 $161,036,193

$3,352,238 $7,139,999
$126,214 $1,880,572 $131,974,783 $131,974,783 $156,709,153

$3,352,238 $7,139,999
$35,708 $1,880,572 $132,081,964 $132,081,964 $151,034,747

Continuation Budget

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

29.1 Reduce one-time funds used to purchase an annuity for an individual who was wrongfully imprisoned.

State General Funds

($850,000)

($850,000)

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments
TOTAL PUBLIC FUNDS

$3,358,438 $3,358,438 $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 $5,994,354

$3,358,438 $3,358,438 $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 $5,994,354

($850,000)
$3,358,438 $3,358,438 $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 $5,994,354

($850,000)
$3,358,438 $3,358,438 $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 $5,994,354

30.1 Defer the FY09 cost of living adjustment. State General Funds

($94,768)

($94,768)

($94,768)

($94,768)

WEDNESDAY, APRIL 1, 2009

4329

30.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($463)

($463)

($463)

($463)

30.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($116,678)

($49,675)

($42,926)

$0

30.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($157,636)

($157,636)

($157,636)

($157,636)

30.5 Reduce funds by eliminating an accounting manager, a secretary, and a chief information officer. (H:Reflect actual salaries and recognize three additional vacancies for a total of six vacant positions)(S:Restore funds for a position already eliminated because of the GAIT outsourcing initiative)

State General Funds

($184,468)

($184,468)

($523,875)

($425,033)

30.6 Reduce funds designated for information technology contractors and perform the work with internal staff.

State General Funds

($143,997)

($143,997)

($143,997)

($143,997)

30.7 Reduce funds designated for a marketing study.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

30.8 Reduce funds from operations.

State General Funds

($15,500)

($15,500)

($15,500)

($15,500)

30.9 Reduce funds and delay repairs and maintenance projects.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

30.10 Reduce funds designated for conferences and continuing education expenses.

State General Funds

($29,700)

($29,700)

($29,700)

($29,700)

30.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($28,279)

($28,279)

($28,279)

30.12 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($399)

($399)

30.13 Replace funds to require the Office of Treasury and Fiscal Services to reimburse the Department for its allocation of administrative expenses.

State General Funds Agency to Agency Contracts TOTAL PUBLIC FUNDS

($66,129) $107,181 $41,052

30.100 -Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to all department programs.

4330

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments
TOTAL PUBLIC FUNDS

$2,530,228 $2,530,228 $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 $5,166,144

$2,568,952 $2,568,952 $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 $5,204,868

$2,235,895 $2,235,895 $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 $4,871,811

$2,311,534 $2,311,534 $1,400,524
$62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,342,573 $1,342,573 $128,999 $250,719 $203,686 $759,169 $5,054,631

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
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized 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

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699
$91,439 $91,439 $91,439 $3,092,079

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699
$91,439 $91,439 $91,439 $3,092,079

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699
$91,439 $91,439 $91,439 $3,092,079

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699 $91,439 $91,439
$91,439 $3,092,079

31.1 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($672,026)

($672,026)

($672,026)

($672,026)

31.2 Reduce funds from excess rent allocations.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

31.3 Reduce funds due to excessive freight expenses.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

WEDNESDAY, APRIL 1, 2009

4331

31.4 Reduce funds from operations.

State General Funds

($36,704)

($36,704)

($36,704)

($36,704)

31.5 Reduce funds from personnel.

State General Funds

($340,758)

($340,758)

($340,758)

($340,758)

31.6 Reduce funds and fund operations with income from rebates from vehicle maintenance/gas contracts and vehicle rental payments.

State General Funds

($635,512)

31.7 Reduce funds to reflect the use of reserves.

Reserved Fund Balances Not Itemized

($366,938)

31.99 SAC: The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for travelling state employees.

State General Funds

$0

31.100 -Fleet Management

Appropriation (HB 119)

The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract

Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for

travelling state employees.

TOTAL STATE FUNDS

$635,512

$635,512

$635,512

State General Funds

$635,512

$635,512

$635,512

TOTAL AGENCY FUNDS

$1,295,640

$1,295,640

$1,295,640

$928,702

Reserved Fund Balances

$719,941

$719,941

$719,941

$353,003

Reserved Fund Balances Not Itemized

$719,941

$719,941

$719,941

$353,003

Rebates, Refunds, and Reimbursements

$575,699

$575,699

$575,699

$575,699

Rebates, Refunds, and Reimbursements Not Itemized

$575,699

$575,699

$575,699

$575,699

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$91,439

$91,439

$91,439

$91,439

State Funds Transfers

$91,439

$91,439

$91,439

$91,439

Motor Vehicle Rental Payments

$91,439

$91,439

$91,439

$91,439

TOTAL PUBLIC FUNDS

$2,022,591

$2,022,591

$2,022,591

$1,020,141

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

$0 $0 $1,130,155 $1,130,155

$0 $0 $1,130,155 $1,130,155

$0 $0 $1,130,155 $1,130,155

$0 $0 $1,130,155 $1,130,155

4332

JOURNAL OF THE HOUSE

Mail and Courier Services TOTAL PUBLIC FUNDS

$1,130,155 $1,130,155

$1,130,155 $1,130,155

$1,130,155 $1,130,155

$1,130,155 $1,130,155

32.1 Reduce funds by eliminating one filled clerk position.

Mail and Courier Services

($31,186)

($31,186)

($31,186)

($31,186)

32.2 Reduce funds from operations.

Mail and Courier Services

($2,300)

($2,300)

($2,300)

($2,300)

32.3 Reduce funds designated for vehicle expenses.

Mail and Courier Services

($17,000)

($17,000)

($17,000)

($17,000)

32.99 SAC: The purpose of this appropriation is to operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-five miles of metro Atlanta.

State General Funds

$0

32.100 -Mail and Courier

Appropriation (HB 119)

The purpose of this appropriation is to operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-

five miles of metro Atlanta.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,079,669

$1,079,669

$1,079,669

$1,079,669

State Funds Transfers

$1,079,669

$1,079,669

$1,079,669

$1,079,669

Mail and Courier Services

$1,079,669

$1,079,669

$1,079,669

$1,079,669

TOTAL PUBLIC FUNDS

$1,079,669

$1,079,669

$1,079,669

$1,079,669

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 Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds Workers Compensation Funds
TOTAL PUBLIC FUNDS

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300 $50,906,185 $129,880,757

33.1 Reduce funds by restricting travel, postponing computer upgrades, discontinuing subscriptions, and suspending participation in conferences and training.

WEDNESDAY, APRIL 1, 2009

4333

Agency to Agency Contracts Liability Funds Property Insurance Funds Workers Compensation Funds TOTAL PUBLIC FUNDS

($51,100) ($9,200) ($5,200)
($28,200) ($93,700)

($51,100) ($9,200) ($5,200)
($28,200) ($93,700)

($51,100) ($9,200) ($5,200)
($28,200) ($93,700)

($51,100) ($9,200) ($5,200)
($28,200) ($93,700)

33.2 Reduce funds due to a teachers' premium refund.

Property Insurance Funds

($51,000)

($51,000)

($51,000)

($51,000)

33.3 Reduce funds from consulting services that are unnecessary or can be performed internally.

Liability Funds Workers Compensation Funds TOTAL PUBLIC FUNDS

($126,000) ($103,000) ($229,000)

($126,000) ($103,000) ($229,000)

($126,000) ($103,000) ($229,000)

($126,000) ($103,000) ($229,000)

33.4 Reduce funds and eliminate duplicative or unnecessary positions.

Agency to Agency Contracts Property Insurance Funds Workers Compensation Funds TOTAL PUBLIC FUNDS

($81,473) ($262,985) ($46,000) ($390,458)

($81,473) ($262,985) ($46,000) ($390,458)

($81,473) ($262,985) ($46,000) ($390,458)

($81,473) ($262,985) ($46,000) ($390,458)

33.5 Reduce funds due to a broker fee refund.

Agency to Agency Contracts

($157,000)

($157,000)

($157,000)

($157,000)

33.99

SAC: The purpose of this appropriation is to administer a liability insurance program to protect state government and employees from work-related claims, to provide indemnification funds for public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and to administer the Workers' Compensation Program.

State General Funds

$0

33.100 -Risk Management

Appropriation (HB 119)

The purpose of this appropriation is to administer a liability insurance program to protect state government and employees from work-related claims, to provide

indemnification funds for public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to

insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and

to administer the Workers' Compensation Program.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$128,959,599 $128,959,599 $128,959,599 $128,959,599

State Funds Transfers

$128,959,599 $128,959,599 $128,959,599 $128,959,599

Agency to Agency Contracts

$688,850

$688,850

$688,850

$688,850

Liability Funds

$49,111,814 $49,111,814 $49,111,814 $49,111,814

Property Insurance Funds

$20,369,650 $20,369,650 $20,369,650 $20,369,650

Unemployment Compensation Funds

$8,060,300

$8,060,300

$8,060,300

$8,060,300

Workers Compensation Funds

$50,728,985 $50,728,985 $50,728,985 $50,728,985

TOTAL PUBLIC FUNDS

$128,959,599 $128,959,599 $128,959,599 $128,959,599

4334

JOURNAL OF THE HOUSE

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 Reserved Fund Balances Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

34.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($121,441)

($51,687)

($44,665)

$0

34.2 Reduce funds designated for the SCIQUEST contract and implement Priority I initiatives at a later date.

State General Funds

($483,287)

($483,287)

($483,287)

($483,287)

34.3 Reduce funds from personnel. (H and S:Reduce funds to reflect eight vacant positions)

State General Funds

($226,109)

($226,109)

($360,128)

($360,128)

34.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($37,487)

($37,487)

($37,487)

34.5 Reduce funds due to the use of reserves in HB118 (FY09A).

Reserved Fund Balances Not Itemized

($3,831,255) ($4,165,501)

34.6 Reduce funds and fund operations with income from purchasing card rebates and incentives.

State General Funds

($3,316,104)

34.99

SAC: The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking contract opportunities; and to certify Small and/or Minority Business Vendors.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4335

34.100 -State Purchasing

Appropriation (HB 119)

The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of

all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions

for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking

contract opportunities; and to certify Small and/or Minority Business Vendors.

TOTAL STATE FUNDS

$3,410,834

$3,443,101

$3,316,104

$44,665

State General Funds

$3,410,834

$3,443,101

$3,316,104

$44,665

TOTAL AGENCY FUNDS

$10,729,801 $10,729,801

$6,898,546

$6,564,300

Reserved Fund Balances

$4,165,501

$4,165,501

$334,246

Reserved Fund Balances Not Itemized

$4,165,501

$4,165,501

$334,246

Rebates, Refunds, and Reimbursements

$6,564,300

$6,564,300

$6,564,300

$6,564,300

Rebates, Refunds, and Reimbursements Not Itemized

$6,564,300

$6,564,300

$6,564,300

$6,564,300

TOTAL PUBLIC FUNDS

$14,140,635 $14,172,902 $10,214,650

$6,608,965

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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

35.1 Reduce funds due to the closing of facilities in Americus, Swainsboro and Tucker and eliminate positions.

Sales and Services Not Itemized

($2,130,624) ($2,130,624)

35.2 Reduce funds to reflect the use of reserves in FY09.

Reserved Fund Balances Not Itemized

($2,130,624)

($2,130,624) ($1,327,923)

35.100 -Surplus Property

Appropriation (HB 119)

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

$2,526,517

$2,526,517

$2,526,517

$1,198,594

Reserved Fund Balances

$1,948,640

$1,948,640

$1,948,640

$620,717

Reserved Fund Balances Not Itemized

$1,948,640

$1,948,640

$1,948,640

$620,717

Sales and Services

$577,877

$577,877

$577,877

$577,877

4336

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$577,877 $2,526,517

$577,877 $2,526,517

$577,877 $2,526,517

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

$0 $0 $90,506 $90,506 $90,506 $90,506

$0 $0 $90,506 $90,506 $90,506 $90,506

$0 $0 $90,506 $90,506 $90,506 $90,506

$577,877 $1,198,594
$0 $0 $90,506 $90,506 $90,506 $90,506

36.1 Eliminate funds to reflect the Department's decision to close the remaining post office in the Coverdell Legislative Office Building effective April 1, 2009.

Royalties and Rents Not Itemized

($90,506)

36.100 -U.S. Post Office

Appropriation (HB 119)

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

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

37.1 Defer the FY09 cost of living adjustment.

State General Funds

($39,203)

($39,203)

($39,203)

($39,203)

37.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

WEDNESDAY, APRIL 1, 2009

4337

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($77,284)

($133,607)

($115,456)

$0

37.3 Reduce funds due to savings from the implementation of a new case management tool.

State General Funds

($346,036)

($346,036)

($346,036)

($346,036)

37.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($31,143)

($31,143)

($31,143)

37.99 SAC: The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies.

State General Funds

$0

37.100 -Administrative Hearings, Office of State

Appropriation (HB 119)

The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies.

TOTAL STATE FUNDS

$3,114,324

$3,026,858

$3,045,009

$3,160,465

State General Funds

$3,114,324

$3,026,858

$3,045,009

$3,160,465

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

$3,723,008

$3,635,542

$3,653,693

$3,769,149

Certificate of Need Appeal Panel 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

38.1 Reduce funds from contracts.

State General Funds

($6,047)

($6,047)

$0

($6,047)

38.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($544)

$0

($544)

38.3 Reduce funds and recognize self-sufficiency as of July 1, 2008 through the collection of filing fees.

State General Funds

($60,473)

$0

38.99 SAC: The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications.

State General Funds

$0

4338

JOURNAL OF THE HOUSE

38.100 -Certificate of Need Appeal Panel

Appropriation (HB 119)

The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications.

TOTAL STATE FUNDS

$54,426

$53,882

State General Funds

$54,426

$53,882

TOTAL PUBLIC FUNDS

$54,426

$53,882

$53,882 $53,882 $53,882

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
TOTAL PUBLIC FUNDS

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

39.1 Increase administrative fees for managed funds and transfer funds ($107,181) to the Department of Administrative Services Departmental Administration program to cover administration costs for OTFS. (S:YES)

Interest and Investment Income Not Itemized

$0

39.99

SAC: The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to manage state revenue collections; to manage the Path2College 529 Plan. House: The purpose of this appropriation is to receive and keep safely all monies paid to the treasury and to pay all warrants legally drawn on the treasury. Gov Rev: The purpose of this appropriation is to receive and keep safely all monies paid to the treasury and to pay all warrants legally drawn on the treasury. Governor: The purpose of this appropriation is to receive and keep safely all monies paid to the treasury and to pay all warrants legally drawn on the treasury.

State General Funds

$0

$0

$0

$0

39.100 -Treasury and Fiscal Services, Office of

Appropriation (HB 119)

The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency

deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to

manage state revenue collections; to manage the Path2College 529 Plan.

TOTAL AGENCY FUNDS

$3,290,117

$3,290,117

$3,290,117

$3,290,117

Interest and Investment Income

$3,290,117

$3,290,117

$3,290,117

$3,290,117

Interest and Investment Income Not Itemized

$3,290,117

$3,290,117

$3,290,117

$3,290,117

TOTAL PUBLIC FUNDS

$3,290,117

$3,290,117

$3,290,117

$3,290,117

WEDNESDAY, APRIL 1, 2009

4339

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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$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

$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

$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

$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

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

$42,567,076 $42,109,685

$42,567,076 $42,109,685

$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

$180,000

$180,000

$180,000

$180,000

$54,181,086 $53,723,695

$42,708,079 $42,708,079 $8,049,321 $8,049,321 $3,384,689
$663,868 $100,000 $2,620,821 $180,000 $180,000 $54,322,089

$43,454,578 $43,454,578 $8,049,321 $8,049,321 $3,384,689
$663,868 $100,000 $2,620,821 $180,000 $180,000 $55,068,588

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

$3,775,613 $3,775,613 $3,775,613

$3,775,613 $3,775,613 $3,775,613

$3,775,613 $3,775,613 $3,775,613

$3,775,613 $3,775,613 $3,775,613

40.1 Reduce funds from the contract with the Board of Regents for the Athens and Tifton Veterinary Laboratories.

State General Funds

($309,289)

($309,289)

40.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($17,027)

($309,289) ($17,027)

($309,289) ($17,027)

4340

JOURNAL OF THE HOUSE

40.3 Transfer funds received for the FY09 cost of living adjustment from the Board of Regents.

State General Funds

$64,646

$64,646

40.99 SAC: The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia.

State General Funds

$0

40.100 -Athens and Tifton Veterinary Laboratories

Appropriation (HB 119)

The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for

disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia.

TOTAL STATE FUNDS

$3,466,324

$3,449,297

$3,513,943

$3,513,943

State General Funds

$3,466,324

$3,449,297

$3,513,943

$3,513,943

TOTAL PUBLIC FUNDS

$3,466,324

$3,449,297

$3,513,943

$3,513,943

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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$24,393,914 $24,393,914 $7,199,221 $7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

$24,393,914 $24,393,914 $7,199,221
$7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

$24,393,914 $24,393,914
$7,199,221 $7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

$24,393,914 $24,393,914 $7,199,221
$7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

41.1 Defer the FY09 cost of living adjustment.

State General Funds

($346,718)

($346,718)

($346,718)

($346,718)

41.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

WEDNESDAY, APRIL 1, 2009

4341

State General Funds

($633,853)

($809,589)

($699,601)

$0

41.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$99,775

$99,775

$99,775

$99,775

41.4 Reduce funds from operations.

State General Funds

($635,227)

($635,227)

($635,227)

($635,227)

41.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($114,931)

($114,931)

($114,931)

41.6 Increase funds for one food safety specialist and five food safety inspectors. (S:Increase funds to annualize salaries for four positions added in HB118 (FY09A))

State General Funds

$272,265

$160,000

41.99

SAC: The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales.

State General Funds

$0

41.100 -Consumer Protection

Appropriation (HB 119)

The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production

of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile

meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating

the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary

industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by

monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions

by monitoring, inspecting, and regulating weights and measures and fuel sales.

TOTAL STATE FUNDS

$22,877,891 $22,587,224 $22,969,477 $23,556,813

State General Funds

$22,877,891 $22,587,224 $22,969,477 $23,556,813

TOTAL FEDERAL FUNDS

$7,199,221

$7,199,221

$7,199,221

$7,199,221

Federal Funds Not Itemized

$7,199,221

$7,199,221

$7,199,221

$7,199,221

TOTAL AGENCY FUNDS

$1,685,000

$1,685,000

$1,685,000

$1,685,000

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

$1,585,000

$1,585,000

$1,585,000

$1,585,000

Sales and Services Not Itemized

$1,585,000

$1,585,000

$1,585,000

$1,585,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$150,000

$150,000

$150,000

$150,000

4342

JOURNAL OF THE HOUSE

Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$150,000 $150,000 $31,912,112

$150,000 $150,000 $31,621,445

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

$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995

$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995

$150,000 $150,000 $32,003,698
$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995

$150,000 $150,000 $32,591,034
$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721 $258,721 $6,899,995

42.1 Defer the FY09 cost of living adjustment.

State General Funds

($44,054)

($44,054)

($44,054)

($44,054)

42.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($128,738)

($164,398)

($142,063)

$0

42.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$68,966

$68,966

$68,966

$68,966

42.4 Reduce funds from operations.

State General Funds

($740,829)

($740,829)

($740,829)

($740,829)

42.5 Reduce funds by eliminating one filled and two vacant positions.

State General Funds

($157,060)

($157,060)

($157,060)

($157,060)

42.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($27,668)

($27,668)

($27,668)

42.7 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($6,608)

($6,608)

42.100 -Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for all programs of the department.

WEDNESDAY, APRIL 1, 2009

4343

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

$5,570,059 $5,570,059
$69,500 $69,500 $258,721 $258,721 $258,721 $5,898,280

$5,506,731 $5,506,731
$69,500 $69,500 $258,721 $258,721 $258,721 $5,834,952

$5,522,458 $5,522,458
$69,500 $69,500 $258,721 $258,721 $258,721 $5,850,679

$5,664,521 $5,664,521
$69,500 $69,500 $258,721 $258,721 $258,721 $5,992,742

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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000 $30,000 $10,591,356

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000 $30,000 $10,591,356

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000 $30,000 $10,591,356

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000 $30,000 $10,591,356

43.1 Defer the FY09 cost of living adjustment.

State General Funds

($40,459)

($40,459)

($40,459)

($40,459)

43.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($119,709)

($152,868)

($132,100)

$0

43.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$35,181

$35,181

$35,181

$35,181

43.4 Reduce funds from operations.

State General Funds

($910,422)

($910,422)

($910,422)

($910,422)

43.5 Reduce funds to reflect the revised revenue estimate.

4344

JOURNAL OF THE HOUSE

State General Funds

($36,182)

($36,182)

($36,182)

43.6 Increase funds for marketing in emerging international markets.

State General Funds

$75,000

$0

43.7 Increase funds for the Federation of Southern Cooperatives.

State General Funds

$40,000

$0

43.99 SAC: The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to publish the Market Bulletin.

State General Funds

$0

43.100 -Marketing and Promotion

Appropriation (HB 119)

The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to

administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to

publish the Market Bulletin.

TOTAL STATE FUNDS

$7,304,379

$7,235,038

$7,370,806

$7,387,906

State General Funds

$7,304,379

$7,235,038

$7,370,806

$7,387,906

TOTAL FEDERAL FUNDS

$780,600

$780,600

$780,600

$780,600

Federal Funds Not Itemized

$780,600

$780,600

$780,600

$780,600

TOTAL AGENCY FUNDS

$1,440,968

$1,440,968

$1,440,968

$1,440,968

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

$777,100

$777,100

$777,100

$777,100

Sales and Services Not Itemized

$777,100

$777,100

$777,100

$777,100

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$30,000

$30,000

$30,000

$30,000

Agency Funds Transfers

$30,000

$30,000

$30,000

$30,000

Agency Fund Transfers Not Itemized

$30,000

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$9,555,947

$9,486,606

$9,622,374

$9,639,474

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

$3,638,336 $3,638,336 $3,638,336

$3,638,336 $3,638,336 $3,638,336

$3,638,336 $3,638,336 $3,638,336

$3,638,336 $3,638,336 $3,638,336

44.1 Defer the FY09 cost of living adjustment. State General Funds

($76,184)

($76,184)

($76,184)

($76,184)

WEDNESDAY, APRIL 1, 2009

4345

44.2 Reduce funds from operations.

State General Funds

($213,729)

($213,729)

($213,729)

($213,729)

44.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($17,028)

($17,028)

($17,028)

44.99 SAC: The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring.

State General Funds

$0

44.100 -Poultry Veterinary Diagnostic Labs

Appropriation (HB 119)

The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring.

TOTAL STATE FUNDS

$3,348,423

$3,331,395

$3,331,395

$3,331,395

State General Funds

$3,348,423

$3,331,395

$3,331,395

$3,331,395

TOTAL PUBLIC FUNDS

$3,348,423

$3,331,395

$3,331,395

$3,331,395

Section 14: Banking and Finance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$12,898,273 $12,898,273 $12,898,273

$12,898,273 $12,898,273 $12,898,273

$12,898,273 $12,898,273 $12,898,273

$12,898,273 $12,898,273 $12,898,273

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $12,027,315 $11,917,317 $12,027,315 $11,917,317 $12,027,315 $11,917,317

$11,975,215 $11,975,215 $11,975,215

$12,355,581 $12,355,581 $12,355,581

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

$550,974 $550,974 $550,974

$550,974 $550,974 $550,974

$550,974 $550,974 $550,974

$550,974 $550,974 $550,974

45.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,555)

($6,555)

($6,555)

($6,555)

45.98 Transfer all funds and activities to the Departmental Administration, Financial Institution Supervision, and Non-Depository Financial Institutions programs to align the program structure with the Department's service delivery model.

4346

JOURNAL OF THE HOUSE

State General Funds

($544,419)

($544,419)

($544,419)

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

$660,553 $660,553 $660,553

$660,553 $660,553 $660,553

$660,553 $660,553 $660,553

($544,419)
$660,553 $660,553 $660,553

46.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,872)

($6,872)

($6,872)

($6,872)

46.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,617

$1,617

$1,617

$1,617

46.3 Reduce funds by eliminating two consumer and legal affairs specialists and one administrative assistant position.

State General Funds

($270,034)

($270,034)

($270,034)

($270,034)

46.4 Transfer funds to the Departmental Administration and Non-Depository Financial Institutions Supervision programs to reflect actual expenditures and to the Financial Institution Supervision program for one legal and consumer affairs specialist.

State General Funds

($171,127)

($171,127)

($171,127)

($171,127)

46.99 SAC: The purpose of this appropriation is to mitigate complaints between consumers and financial institutions, mortgage licensees and registrants, and other financial service providers, and to provide legal advice and legislative drafting support for the Commissioner and staff.

State General Funds

$0

46.100 -Consumer Protection and Assistance

Appropriation (HB 119)

The purpose of this appropriation is to mitigate complaints between consumers and financial institutions, mortgage licensees and registrants, and other financial

service providers, and to provide legal advice and legislative drafting support for the Commissioner and staff.

TOTAL STATE FUNDS

$214,137

$214,137

$214,137

$214,137

State General Funds

$214,137

$214,137

$214,137

$214,137

TOTAL PUBLIC FUNDS

$214,137

$214,137

$214,137

$214,137

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

$2,089,102 $2,089,102 $2,089,102

$2,089,102 $2,089,102 $2,089,102

$2,089,102 $2,089,102 $2,089,102

$2,089,102 $2,089,102 $2,089,102

47.1 Defer the FY09 cost of living adjustment. State General Funds

($21,807)

($21,807)

($21,807)

($21,807)

WEDNESDAY, APRIL 1, 2009

4347

47.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($59,100)

($78,790)

($68,086)

$0

47.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$183

$183

$183

$183

47.4 Reduce funds by eliminating one vacant district information systems specialist position.

State General Funds

($101,363)

($101,363)

($101,363)

($101,363)

47.5 Transfer funds from the Consumer Protection and Assistance program to reflect actual expenditures.

State General Funds

$16,000

$16,000

$16,000

$16,000

47.6 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($1,901)

($1,901)

47.98 Transfer funds and activities from the Chartering, Licensing and Applications/Non-Mortgage Entities program to align the program structure with the Department's service delivery model.

State General Funds

$153,096

$153,096

$153,096

$153,096

47.100 -Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$2,076,111

$2,056,421

State General Funds

$2,076,111

$2,056,421

TOTAL PUBLIC FUNDS

$2,076,111

$2,056,421

$2,065,224 $2,065,224 $2,065,224

$2,133,310 $2,133,310 $2,133,310

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

$7,757,393 $7,757,393 $7,757,393

$7,757,393 $7,757,393 $7,757,393

$7,757,393 $7,757,393 $7,757,393

$7,757,393 $7,757,393 $7,757,393

48.1 Defer the FY09 cost of living adjustment.

State General Funds

($87,276)

($87,276)

($87,276)

($87,276)

48.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

4348

JOURNAL OF THE HOUSE

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($213,948)

($285,226)

($246,476)

$0

48.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$43,680

$43,680

$43,680

$43,680

48.4 Reduce funds for one-time information systems controls improvements.

State General Funds

($52,900)

($52,900)

($52,900)

($52,900)

48.5 Reduce funds and consolidate the Douglas and Valdosta field offices into one central office in Tifton.

State General Funds

($22,593)

($22,593)

($22,593)

($22,593)

48.6 Transfer funds from the Consumer Protection and Assistance program for one legal and consumer affairs specialist.

State General Funds

$147,127

$147,127

$147,127

$147,127

48.98 Transfer funds and activities from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to align the program structure with the Department's service delivery model.

State General Funds

$127,264

$127,264

$127,264

$127,264

48.99

SAC: The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory agencies on examination findings.

State General Funds

$0

48.100 -Financial Institution Supervision

Appropriation (HB 119)

The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank

holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry

trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory

agencies on examination findings.

TOTAL STATE FUNDS

$7,698,747

$7,627,469

$7,666,219

$7,912,695

State General Funds

$7,698,747

$7,627,469

$7,666,219

$7,912,695

TOTAL PUBLIC FUNDS

$7,698,747

$7,627,469

$7,666,219

$7,912,695

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

$1,840,251 $1,840,251 $1,840,251

$1,840,251 $1,840,251 $1,840,251

$1,840,251 $1,840,251 $1,840,251

$1,840,251 $1,840,251 $1,840,251

WEDNESDAY, APRIL 1, 2009

4349

49.1 Defer the FY09 cost of living adjustment.

State General Funds

($18,078)

($18,078)

49.98 Transfer all funds and activities to the Non-Depository Financial Institution Supervision program.

State General Funds

($1,822,173) ($1,822,173)

($18,078) ($1,765,054)

($18,078) ($1,822,173)

49.100 -Mortgage Supervision

Appropriation (HB 119)

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

$57,119

State General Funds

$57,119

TOTAL PUBLIC FUNDS

$57,119

Non-Depository Financial Institution Supervision
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

505.1 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,207

$1,207

$1,207

$1,207

505.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($57,119)

($76,149)

($65,804)

$0

505.3 Transfer funds from the Consumer Protection and Assistance program.

State General Funds

$8,000

$8,000

$8,000

$8,000

505.4 Transfer funds for three positions from the Chartering, Licensing and Applications/Non-Mortgage Entities program.

State General Funds

$264,059

$264,059

$264,059

$264,059

505.98 Transfer all funds and activities from the Mortgage Supervision program.

State General Funds

$1,822,173

$1,822,173

$1,765,054

$1,822,173

505.99

SAC: The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by non-bank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. House: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by nonbank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program.

4350

JOURNAL OF THE HOUSE

Gov Rev: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by nonbank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. Governor: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by nonbank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program.

State General Funds

$0

$0

$0

$0

505.100-Non-Depository Financial Institution Supervision

Appropriation (HB 119)

The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices, enforce applicable laws

and regulations, promote the availability of money services offered by non-bank entities to consumers, and provide for regulations of such entities through an

effective licensing and supervision program.

TOTAL STATE FUNDS

$2,038,320

$2,019,290

$1,972,516

$2,095,439

State General Funds

$2,038,320

$2,019,290

$1,972,516

$2,095,439

TOTAL PUBLIC FUNDS

$2,038,320

$2,019,290

$1,972,516

$2,095,439

Section 15: Community Affairs, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Continuation

$100,549,877 $53,426,544 $47,123,333
$167,079,288 $166,979,288
$100,000 $14,398,524
$3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

$100,549,877 $53,426,544 $47,123,333
$167,079,288 $166,979,288
$100,000 $14,398,524 $3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

$100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288
$100,000 $14,398,524 $3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

$100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288
$100,000 $14,398,524
$3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Reserved Fund Balances

Section Total - Final

$36,000,520 $35,565,622

$36,000,520 $35,565,622

$167,079,288 $167,079,288

$166,979,288 $166,979,288

$100,000

$100,000

$14,398,524 $14,398,524

$3,475,083

$3,475,083

$30,578,748 $30,578,748 $167,079,288 $166,979,288
$100,000 $14,632,675 $3,475,083

$27,787,832 $27,787,832 $166,979,288 $166,979,288
$11,812,848 $534,103

WEDNESDAY, APRIL 1, 2009

4351

Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS

$8,738,924 $546,221
$1,638,296 $217,478,332

$8,738,924 $546,221
$1,638,296 $217,043,434

$8,913,924 $546,221
$1,697,447 $212,290,711

$9,035,077 $546,221
$1,697,447 $206,579,968

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

$314,573 $314,573 $239,704 $239,704 $239,704 $554,277

$314,573 $314,573 $239,704 $239,704 $239,704 $554,277

$314,573 $314,573 $239,704 $239,704 $239,704 $554,277

$314,573 $314,573 $239,704 $239,704 $239,704 $554,277

50.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,428)

($3,428)

($3,428)

($3,428)

50.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($9,753)

($10,733)

($9,275)

$0

50.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($220)

($220)

($220)

($220)

50.4 Reduce funds for one building consultant position and fund with existing agency funds.

State General Funds

($56,641)

($56,641)

($56,641)

($56,641)

50.5 Reduce funds from contracts for training on Georgia's construction codes for building inspectors and builders.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

50.99 SAC: The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes; and to provide professional training to building inspectors and builders on Georgia's construction codes.

State General Funds

$0

4352

JOURNAL OF THE HOUSE

50.100 -Building Construction

Appropriation (HB 119)

The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory

built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes;

and to provide professional training to building inspectors and builders on Georgia's construction codes.

TOTAL STATE FUNDS

$214,531

$213,551

$215,009

$224,284

State General Funds

$214,531

$213,551

$215,009

$224,284

TOTAL AGENCY FUNDS

$239,704

$239,704

$239,704

$239,704

Sales and Services

$239,704

$239,704

$239,704

$239,704

Sales and Services Not Itemized

$239,704

$239,704

$239,704

$239,704

TOTAL PUBLIC FUNDS

$454,235

$453,255

$454,713

$463,988

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

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

51.1 Defer the FY09 cost of living adjustment.

State General Funds

($20,741)

($20,741)

($20,741)

($20,741)

51.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($58,389)

($64,254)

($55,525)

$0

51.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($675)

($675)

($675)

($675)

51.4 Reduce funds from development and maintenance of the Georgia Comprehensive Plan Builder.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

51.5 Reduce one-time funds received in HB990 (FY09G) for the implementation of the Coastal Comprehensive Plan.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

51.6 Reduce funds by eliminating two vacant planner positions.

State General Funds

($138,521)

($138,521)

($138,521)

($138,521)

WEDNESDAY, APRIL 1, 2009

4353

51.7 Increase funds for the Regional Development Commission formula. (S:Provide funds to implement the provisions of OCGA 50-8-33 as provided by HB1216 (2008 Session))

State General Funds

$4,558,834

$4,558,834

$4,558,834

$2,279,417

51.8 Reduce funds from personnel.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

51.9 Reduce funds from operations.

State General Funds

($7,882)

($7,882)

($7,882)

($7,882)

51.10 Reduce funds from personnel and use fees received from local and state authorities for administering the Georgia Allocation System.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($59,151) $59,151
$0

($59,151) $59,151
$0

51.99

SAC: The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau.

State General Funds

$0

51.100 -Coordinated Planning

Appropriation (HB 119)

The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing

standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments

in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and

resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census

Bureau.

TOTAL STATE FUNDS

$7,797,873

$7,792,008

$7,741,586

$5,517,694

State General Funds

$7,797,873

$7,792,008

$7,741,586

$5,517,694

TOTAL AGENCY FUNDS

$50,918

$50,918

$110,069

$110,069

Sales and Services

$50,918

$50,918

$110,069

$110,069

Sales and Services Not Itemized

$50,918

$50,918

$110,069

$110,069

TOTAL PUBLIC FUNDS

$7,848,791

$7,842,926

$7,851,655

$5,627,763

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

$2,233,357 $2,233,357 $1,611,802 $1,611,802

$2,233,357 $2,233,357 $1,611,802 $1,611,802

$2,233,357 $2,233,357 $1,611,802 $1,611,802

$2,233,357 $2,233,357 $1,611,802 $1,611,802

4354

JOURNAL OF THE HOUSE

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

$1,726,601 $83,091 $83,091
$1,371,273 $1,371,273
$272,237 $272,237 $5,571,760

$1,726,601 $83,091 $83,091
$1,371,273 $1,371,273
$272,237 $272,237 $5,571,760

$1,726,601 $83,091 $83,091
$1,371,273 $1,371,273
$272,237 $272,237 $5,571,760

$1,726,601 $83,091 $83,091
$1,371,273 $1,371,273
$272,237 $272,237 $5,571,760

52.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,441)

($17,441)

($17,441)

($17,441)

52.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($1,886)

($1,886)

($1,886)

($1,886)

52.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($55,128)

($60,713)

($52,465)

$0

52.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($13,190)

($13,190)

($13,190)

($13,190)

52.5 Reduce funds from two positions and use fees received from local and state authorities for administering the Georgia Allocation System.

State General Funds

($95,500)

($95,500)

($95,500)

($95,500)

52.6 Reduce funds from operations.

State General Funds

($8,260)

($8,260)

($8,260)

($8,260)

52.7 Reduce funds from personnel.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

52.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($25,614)

($47,511)

($47,511)

52.9 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($763)

($763)

52.10 Reduce funds from the Georgia Advocacy Office.

State General Funds

($249,902)

WEDNESDAY, APRIL 1, 2009

4355

52.100 -Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$1,791,952

$1,760,753

State General Funds

$1,791,952

$1,760,753

TOTAL FEDERAL FUNDS

$1,611,802

$1,611,802

Federal Funds Not Itemized

$1,611,802

$1,611,802

TOTAL AGENCY FUNDS

$1,726,601

$1,726,601

Reserved Fund Balances

$83,091

$83,091

Reserved Fund Balances Not Itemized

$83,091

$83,091

Intergovernmental Transfers

$1,371,273

$1,371,273

Intergovernmental Transfers Not Itemized

$1,371,273

$1,371,273

Sales and Services

$272,237

$272,237

Sales and Services Not Itemized

$272,237

$272,237

TOTAL PUBLIC FUNDS

$5,130,355

$5,099,156

$1,746,341 $1,746,341 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,084,744

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925

$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925

$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925

$1,548,904 $1,548,904 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $4,887,307
$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925

53.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,328)

($7,328)

($7,328)

($7,328)

53.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($31,287)

($34,430)

($29,753)

$0

53.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($571)

($571)

($571)

($571)

53.4 Reduce funds by eliminating one vacant human services program auditor position.

State General Funds

($53,000)

($53,000)

($53,000)

($53,000)

4356

JOURNAL OF THE HOUSE

53.5 Reduce funds from contracts for the litter initiative studies.

State General Funds

($56,000)

($56,000)

($56,000)

($56,000)

53.6 Reduce funds from operations.

State General Funds

($7,255)

($7,255)

($7,255)

($7,255)

53.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($12,907)

$0

$0

53.8 Reduce funds from the litter clean-up and prevention program.

State General Funds

($100,000)

($100,000)

53.9 Reduce funds to reflect expected revenues.

Reserved Fund Balances Not Itemized

($2,940,980)

53.99

SAC: The purpose of this appropriation is to oversee local government solid waste planning by developing planning standards, providing technical assistance in creating and updating local solid waste plans, and reviewing solid waste plans; and to provide technical assistance, resources, and tools to local governments for Keep Georgia Beautiful initiatives and public awareness on environmental and water conservation, litter abatement, recycling, and indoor air quality issues.

State General Funds

$0

53.100 -Environmental Education and Assistance

Appropriation (HB 119)

The purpose of this appropriation is to oversee local government solid waste planning by developing planning standards, providing technical assistance in

creating and updating local solid waste plans, and reviewing solid waste plans; and to provide technical assistance, resources, and tools to local governments

for Keep Georgia Beautiful initiatives and public awareness on environmental and water conservation, litter abatement, recycling, and indoor air quality issues.

TOTAL STATE FUNDS

$903,004

$886,954

$804,538

$834,291

State General Funds

$903,004

$886,954

$804,538

$834,291

TOTAL FEDERAL FUNDS

$6,000

$6,000

$6,000

$6,000

Federal Funds Not Itemized

$6,000

$6,000

$6,000

$6,000

TOTAL AGENCY FUNDS

$3,380,480

$3,380,480

$3,380,480

$439,500

Reserved Fund Balances

$3,380,480

$3,380,480

$3,380,480

$439,500

Reserved Fund Balances Not Itemized

$3,380,480

$3,380,480

$3,380,480

$439,500

TOTAL PUBLIC FUNDS

$4,289,484

$4,273,434

$4,191,018

$1,279,791

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

$2,066,924 $2,066,924 $45,085,410 $45,085,410

$2,066,924 $2,066,924 $45,085,410 $45,085,410

$2,066,924 $2,066,924 $45,085,410 $45,085,410

$2,066,924 $2,066,924 $45,085,410 $45,085,410

WEDNESDAY, APRIL 1, 2009

4357

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$309,587 $243,318 $243,318
$66,269 $66,269 $47,461,921

$309,587 $243,318 $243,318
$66,269 $66,269 $47,461,921

$309,587 $243,318 $243,318
$66,269 $66,269 $47,461,921

$309,587 $243,318 $243,318 $66,269
$66,269 $47,461,921

54.1 Defer the FY09 cost of living adjustment.

State General Funds

($20,467)

($20,467)

($20,467)

($20,467)

54.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($34,363)

($37,815)

($32,678)

$0

54.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($1,032)

($1,032)

($1,032)

($1,032)

54.4 Reduce funds by eliminating one vacant assistant commissioner position.

State General Funds

($167,971)

($167,971)

($167,971)

($167,971)

54.5 Reduce funds from personnel. (S:Reduce funds from operations)

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

54.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($100,000)

$0

$0

54.7 Reduce funds from the Hands on Georgia Challenge grants.

State General Funds

($100,000)

($200,000)

54.99 SAC: The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities.

State General Funds

$0

54.100 -Federal Community and Economic Development Programs

Appropriation (HB 119)

The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among

local governments, development authorities, and private entities.

TOTAL STATE FUNDS

$1,803,091

$1,699,639

$1,704,776

$1,637,454

State General Funds

$1,803,091

$1,699,639

$1,704,776

$1,637,454

TOTAL FEDERAL FUNDS

$45,085,410 $45,085,410 $45,085,410 $45,085,410

4358

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269
$47,198,088

$45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269
$47,094,636

$45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269
$47,099,773

$45,085,410 $309,587 $243,318 $243,318 $66,269 $66,269
$47,032,451

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0
$794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

$0
$794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

$0
$794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

$0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

55.99

SAC: The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a partnership with private providers.

State General Funds

$0

55.100 -Homeownership Programs

Appropriation (HB 119)

The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote

homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down

payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a

partnership with private providers.

TOTAL FEDERAL FUNDS

$794,163

$794,163

$794,163

$794,163

Federal Funds Not Itemized

$794,163

$794,163

$794,163

$794,163

TOTAL AGENCY FUNDS

$3,837,828

$3,837,828

$3,837,828

$3,837,828

Intergovernmental Transfers

$3,837,828

$3,837,828

$3,837,828

$3,837,828

Intergovernmental Transfers Not Itemized

$3,837,828

$3,837,828

$3,837,828

$3,837,828

TOTAL PUBLIC FUNDS

$4,631,991

$4,631,991

$4,631,991

$4,631,991

WEDNESDAY, APRIL 1, 2009

4359

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

$6,000,000 $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

56.1 Eliminate one-time funds received in HB990 (FY09G) for Local Assistance Grants.

State General Funds

($6,000,000)

($6,000,000)

($6,000,000)

($6,000,000)

Regional Services

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$2,435,333 $2,435,333
$500,000 $500,000 $500,000 $2,935,333

$2,435,333 $2,435,333
$500,000 $500,000 $500,000 $2,935,333

$2,435,333 $2,435,333
$500,000 $500,000 $500,000 $2,935,333

$2,435,333 $2,435,333
$500,000 $500,000 $500,000 $2,935,333

57.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,999)

($17,999)

($17,999)

($17,999)

57.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($66,009)

($72,639)

($62,771)

$0

57.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($631)

($631)

($631)

($631)

57.4 Reduce funds from grants for local governments through the Signature Communities program. (H and S:Reduce funds from grants for local governments through the Signature Communities and Communities of Opportunity programs and fund Communities of Opportunity grants through the OneGeorgia Authority)

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

($175,000)

($175,000)

($350,000) $175,000 ($175,000)

($350,000) $175,000 ($175,000)

57.5 Reduce funds by eliminating one vacant resource coordinator position.

4360

JOURNAL OF THE HOUSE

State General Funds

($38,495)

($38,495)

($38,495)

($38,495)

57.6 Reduce one-time funds received in HB990 (FY09G) for the Georgia Rural Water Association Fluoridation program. (S:Transfer funds ($50,000) to Georgia Environmental Facilities Authority)

State General Funds

($100,000)

($100,000)

($50,000)

($100,000)

57.7 Reduce funds from contracts for leadership development.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

57.8 Reduce funds from operations.

State General Funds

($27,389)

($27,389)

($27,389)

($27,389)

57.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($28,370)

$0

$0

57.10 Reduce funds and transfer two rural economic development positions to the OneGeorgia Authority.

State General Funds

($169,960)

57.99

SAC: The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments.

State General Funds

$0

57.100 -Regional Services

Appropriation (HB 119)

The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to

provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and

services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments.

TOTAL STATE FUNDS

$1,984,810

$1,949,810

$1,863,048

$1,705,859

State General Funds

$1,984,810

$1,949,810

$1,863,048

$1,705,859

TOTAL AGENCY FUNDS

$500,000

$500,000

$675,000

$675,000

Intergovernmental Transfers

$500,000

$500,000

$675,000

$675,000

Intergovernmental Transfers Not Itemized

$500,000

$500,000

$675,000

$675,000

TOTAL PUBLIC FUNDS

$2,484,810

$2,449,810

$2,538,048

$2,380,859

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

$3,287,829 $3,287,829 $118,208,730 $118,208,730

$3,287,829 $3,287,829 $118,208,730 $118,208,730

$3,287,829 $3,287,829 $118,208,730 $118,208,730

$3,287,829 $3,287,829 $118,208,730 $118,208,730

WEDNESDAY, APRIL 1, 2009

4361

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

$3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

$3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

$3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

58.1 Reduce funds from the state match for the federal Affordable HOME program.

State General Funds

($322,452)

($322,452)

($322,452)

($322,452)

58.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($42,387)

$0

$0

58.99

SAC: 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, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market.

State General Funds

$0

58.100 -Rental Housing Programs

Appropriation (HB 119)

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, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by

providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental

market.

TOTAL STATE FUNDS

$2,965,377

$2,922,990

$2,965,377

$2,965,377

State General Funds

$2,965,377

$2,922,990

$2,965,377

$2,965,377

TOTAL FEDERAL FUNDS

$118,208,730 $118,208,730 $118,208,730 $118,208,730

Federal Funds Not Itemized

$118,208,730 $118,208,730 $118,208,730 $118,208,730

TOTAL AGENCY FUNDS

$3,067,096

$3,067,096

$3,067,096

$3,067,096

Intergovernmental Transfers

$2,520,875

$2,520,875

$2,520,875

$2,520,875

Intergovernmental Transfers Not Itemized

$2,520,875

$2,520,875

$2,520,875

$2,520,875

Rebates, Refunds, and Reimbursements

$546,221

$546,221

$546,221

$546,221

Rebates, Refunds, and Reimbursements Not Itemized

$546,221

$546,221

$546,221

$546,221

TOTAL PUBLIC FUNDS

$124,241,203 $124,198,816 $124,241,203 $124,241,203

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

$629,847 $629,847

$629,847 $629,847

$629,847 $629,847

$629,847 $629,847

4362

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$24,163 $24,163 $24,163 $654,010

$24,163 $24,163 $24,163 $654,010

$24,163 $24,163 $24,163 $654,010

$24,163 $24,163 $24,163 $654,010

59.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,000)

($6,000)

($6,000)

($6,000)

59.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($18,367)

($20,212)

($17,466)

$0

59.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($282)

($282)

($282)

($282)

59.4 Reduce funds by eliminating temporary positions.

State General Funds

($17,500)

($17,500)

($17,500)

($17,500)

59.5 Reduce funds from contracts for data collection and database management.

State General Funds

($20,693)

($20,693)

($20,693)

($20,693)

59.6 Reduce funds from operations.

State General Funds

($24,000)

($24,000)

($24,000)

($24,000)

59.7 Reduce funds from one senior information specialist position and fund with other funds.

State General Funds

($76,003)

($76,003)

($76,003)

($76,003)

59.99 SAC: The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with Georgia law.

State General Funds

$0

59.100 -Research and Surveys

Appropriation (HB 119)

The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with

Georgia law.

TOTAL STATE FUNDS

$467,002

$465,157

$467,903

$485,369

State General Funds

$467,002

$465,157

$467,903

$485,369

TOTAL AGENCY FUNDS

$24,163

$24,163

$24,163

$24,163

Sales and Services

$24,163

$24,163

$24,163

$24,163

WEDNESDAY, APRIL 1, 2009

4363

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$24,163 $491,165

$24,163 $489,320

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 FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
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

$3,632,892 $3,632,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

$3,632,892 $3,632,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

$24,163 $492,066
$3,632,892 $3,632,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

$24,163 $509,532
$3,632,892 $3,632,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

60.1 Reduce one-time funds received in HB990 (FY09G) for the State Housing Trust Fund for contract caseworkers to assist homeless families in achieving housing stability.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

60.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($47,640)

$0

$0

60.3 Reduce funds.

Temporary Assistance for Needy Families Grant CFDA93.558

($100,000)

60.99 SAC: The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an affordable housing plan; and to provide for other special housing initiatives.

State General Funds

$0

60.100 -Special Housing Initiatives

Appropriation (HB 119)

The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer

loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an

affordable housing plan; and to provide for other special housing initiatives.

4364

JOURNAL OF THE HOUSE

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 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

$3,332,892 $3,332,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $5,794,954

$3,285,252 $3,285,252 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $5,747,314

$3,332,892 $3,332,892 $1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $5,794,954

$3,332,892 $3,332,892 $1,254,596 $1,254,596
$1,107,466 $11,512 $11,512
$110,949 $110,949 $985,005 $985,005 $5,694,954

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

61.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,999)

($11,999)

($11,999)

($11,999)

61.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($38,591)

($42,467)

($36,698)

$0

61.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($845)

($845)

($845)

($845)

61.4 Reduce one-time funds received in HB990 (FY09G) for an Emergency Operations Center Facility in Fayette County.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

61.5 Reduce one-time funds received in HB990 (FY09G) for the construction of an Americans with Disabilities Act (ADA) compliant regional athletic facility in Hall County.

WEDNESDAY, APRIL 1, 2009

4365

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

61.6 Reduce one-time funds received in HB990 (FY09G) for the City of Porterdale Community Center Gymnasium reconstruction.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

61.7 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Tift County Multipurpose Livestock Building.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

61.8 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Jeff Davis County Multipurpose Livestock Building.

State General Funds

($175,000)

($175,000)

($175,000)

($175,000)

61.9 Reduce funds from the Rural Development Council. (S:Reduce funds and fund through the OneGeorgia Authority)

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

($20,000)

($20,000)

$0

($121,153)

$121,153

$0

61.10 Increase funds for operations. (S:Reduce funds)

State General Funds

$49,552

($60,352)

61.99 SAC: The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to champion new development opportunities for rural Georgia through the Rural Development Council.

State General Funds

$0

61.100 -State Community Development Programs

Appropriation (HB 119)

The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to

champion new development opportunities for rural Georgia through the Rural Development Council.

TOTAL STATE FUNDS

$1,324,293

$1,320,417

$1,395,738

$1,201,379

State General Funds

$1,324,293

$1,320,417

$1,395,738

$1,201,379

TOTAL FEDERAL FUNDS

$5,000

$5,000

$5,000

$5,000

Federal Funds Not Itemized

$5,000

$5,000

$5,000

$5,000

TOTAL AGENCY FUNDS

$121,153

Intergovernmental Transfers

$121,153

Intergovernmental Transfers Not Itemized

$121,153

TOTAL PUBLIC FUNDS

$1,329,293

$1,325,417

$1,400,738

$1,327,532

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

$8,939,055 $8,939,055
$13,587 $13,587

$8,939,055 $8,939,055
$13,587 $13,587

$8,939,055 $8,939,055
$13,587 $13,587

$8,939,055 $8,939,055
$13,587 $13,587

4366

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$154,681 $154,681 $154,681 $9,107,323

$154,681 $154,681 $154,681 $9,107,323

$154,681 $154,681 $154,681 $9,107,323

$154,681 $154,681 $154,681 $9,107,323

62.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,063)

($1,063)

($1,063)

($1,063)

62.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,344)

($2,579)

($2,229)

$0

62.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($354)

($354)

($354)

($354)

62.4 Eliminate funds from the Georgia Cities program due to the fulfillment of the state's commitment to provide a dollar for dollar match with a private foundation.

State General Funds

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

62.5 Reduce funds from the Life Sciences Facilities Fund (LSFF). (S:Eliminate the LSFF and transfer remaining reserves to the Regional Economic Business Assistance program)

State General Funds

($4,403,282) ($4,403,282) ($4,403,282) ($4,403,282)

62.6 Transfer funds from the Department of Economic Development for the Appalachian Community Enterprise contract for micro-enterprise loans.

State General Funds

$75,000

$75,000

$75,000

$75,000

62.99 SAC: The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and promote economic development and job creation.

State General Funds

$0

62.100 -State Economic Development Program

Appropriation (HB 119)

The purpose of this appropriation is to provide grants and loans to local governments and businesses in order to attract and promote economic development and

job creation and to leverage private investment.

TOTAL STATE FUNDS

$3,107,012

$3,106,777

$3,107,127

$3,109,356

State General Funds

$3,107,012

$3,106,777

$3,107,127

$3,109,356

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

WEDNESDAY, APRIL 1, 2009

4367

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$154,681 $3,275,280

$154,681 $3,275,045

$154,681 $3,275,395

Payments to Georgia Environmental Facilities Authority

Continuation Budget

The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,725,014 $11,725,014 $11,725,014

$11,725,014 $11,725,014 $11,725,014

$11,725,014 $11,725,014 $11,725,014

$154,681 $3,277,624
$11,725,014 $11,725,014 $11,725,014

63.1 Reduce funds from the Land Conservation program and fund only local Land Conservation grants. (H and S:Reduce funds from the Land Conservation program)

State General Funds

($5,000,000) ($5,000,000) ($10,000,000) ($10,000,000)

63.2 Reduce funds from water and sewer infrastructure grants.

State General Funds

($350,000)

($350,000)

($350,000)

($350,000)

63.3 Reduce funds from the Georgia Rural Water Association. (S:Transfer funds ($50,000) from the Department of Community Affairs for the Georgia Rural Water Association Fluoridation program)

State General Funds

($100,000)

($100,000)

($50,000)

$0

63.4 Reduce funds from the State Energy and Utilities program.

State General Funds

($253,001)

($253,001)

($253,001)

($453,001)

63.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($14,818)

($12,804)

$0

63.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($60,220)

($60,220)

($60,220)

63.100 -Payments to Georgia Environmental Facilities Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

TOTAL STATE FUNDS

$6,022,013

$5,946,975

$998,989

State General Funds

$6,022,013

$5,946,975

$998,989

TOTAL PUBLIC FUNDS

$6,022,013

$5,946,975

$998,989

$861,793 $861,793 $861,793

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.

4368

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,857,300 $4,857,300 $4,857,300

$4,857,300 $4,857,300 $4,857,300

$4,857,300 $4,857,300 $4,857,300

$4,857,300 $4,857,300 $4,857,300

64.1 Defer the FY09 cost of living adjustment.

State General Funds

($52,736)

($52,736)

($52,736)

($52,736)

64.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($119,377)

($147,841)

($127,756)

$0

64.3 Reduce funds from operations and utilize existing funds.

State General Funds

($398,517)

($398,517)

($398,517)

($398,517)

64.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($42,867)

($42,867)

($42,867)

64.99 SAC: The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact.

State General Funds

$0

64.100 -Payments to Georgia Regional Transportation Authority

Appropriation (HB 119)

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting

transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact.

TOTAL STATE FUNDS

$4,286,670

$4,215,339

$4,235,424

$4,363,180

State General Funds

$4,286,670

$4,215,339

$4,235,424

$4,363,180

TOTAL PUBLIC FUNDS

$4,286,670

$4,215,339

$4,235,424

$4,363,180

Payments to OneGeorgia Authority

Continuation Budget

The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS State General 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 $0
$47,123,333 $47,123,333

65.1 Reduce funds from grant programs and utilize existing agency funds. Tobacco Settlement Funds

($47,123,333) ($47,123,333) ($47,123,333) ($47,123,333)

WEDNESDAY, APRIL 1, 2009

4369

65.2 Transfer funds for implementation grants for the Communities of Opportunity program to the Department of Community Affairs using existing funds. (S:YES)

Tobacco Settlement Funds

$0

65.3 Transfer two rural economic development positions from the Department of Community Affairs and fund with existing funds. (S:YES)

Tobacco Settlement Funds

$0

65.4 Transfer funds for the Rural Development Council to the Department of Community Affairs using existing funds. (S:YES)

Tobacco Settlement Funds

$0

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

$2,514,291,820 $2,514,291,820 $2,514,291,820 $2,514,291,820

$2,452,718,164 $2,452,718,164 $2,452,718,164 $2,452,718,164

$61,573,656 $61,573,656 $61,573,656 $61,573,656

$5,556,721,455 $5,556,721,455 $5,556,721,455 $5,556,721,455

$5,238,720,909 $5,238,720,909 $5,238,720,909 $5,238,720,909

$318,000,546 $318,000,546 $318,000,546 $318,000,546

$451,836,140 $451,836,140 $451,836,140 $451,836,140

$235,246,152 $235,246,152 $235,246,152 $235,246,152

$214,057,828 $214,057,828 $214,057,828 $214,057,828

$2,532,160

$2,532,160

$2,532,160

$2,532,160

$2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440

$2,977,568,440 $2,977,568,440 $2,977,568,440 $2,977,568,440

$11,500,417,855 $11,500,417,855 $11,500,417,855 $11,500,417,855

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Care Management Organization Fees
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767
TOTAL AGENCY FUNDS Intergovernmental Transfers Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

Section Total - Final $2,727,115,629 $1,977,200,730 $2,475,053,872 $1,711,869,005
$252,061,757 $265,331,725

$5,718,165,978 $4,273,742
$5,405,605,751 $308,286,485 $216,662,537 $214,057,828 $2,604,709

$5,781,029,865 $4,273,742
$5,499,086,094 $277,670,029 $216,662,537 $214,057,828 $2,604,709

$3,120,613,037 $3,079,844,591

$1,942,559,939 $1,677,228,214
$265,331,725
$6,366,421,846 $4,273,742
$6,043,751,310 $318,396,794 $216,662,537 $214,057,828 $2,604,709
$3,113,888,363

$2,070,140,250 $1,639,754,685
$265,331,725 $122,528,939 $42,524,901 $6,201,023,274
$5,770,585 $5,882,627,064
$312,625,625 $228,226,232 $214,057,828
$2,604,709 $11,563,695 $2,945,602,254

4370

JOURNAL OF THE HOUSE

State Funds Transfers TOTAL PUBLIC FUNDS

$3,120,613,037 $3,079,844,591 $3,113,888,363 $2,945,602,254 $11,782,557,181 $11,054,737,723 $11,639,532,685 $11,444,992,010

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

$2,394,849 $2,394,849 $2,394,849

$2,394,849 $2,394,849 $2,394,849

$2,394,849 $2,394,849 $2,394,849

$2,394,849 $2,394,849 $2,394,849

66.1 Defer the FY09 cost of living adjustment.

State General Funds

($25,270)

($25,270)

($25,270)

($25,270)

66.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($282)

($282)

($282)

($282)

66.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($59,975)

($78,012)

($67,413)

$0

66.4 Reduce funds by eliminating one medical board agent position and one applications specialist position.

State General Funds

($102,461)

($102,461)

($102,461)

($102,461)

66.5 Reduce funds from case reviews and medical peer reviews.

State General Funds

($84,000)

($84,000)

($84,000)

($84,000)

66.6 Reduce funds from hearing-related expenses.

State General Funds

($44,471)

($44,471)

($44,471)

($44,471)

66.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($20,784)

($20,784)

($20,784)

66.99

SAC: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. The purpose of this appropriation is also to investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4371

66.100 -Composite Board of Medical Examiners

Appropriation (HB 119)

The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists,

acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. The purpose of this appropriation is also to investigate complaints and

discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees.

TOTAL STATE FUNDS

$2,078,390

$2,039,569

$2,050,168

$2,117,581

State General Funds

$2,078,390

$2,039,569

$2,050,168

$2,117,581

TOTAL PUBLIC FUNDS

$2,078,390

$2,039,569

$2,050,168

$2,117,581

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 Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$106,922,412 $106,922,412 $302,341,919 $279,187,884
$23,154,035 $232,160 $232,160 $232,160
$22,313,482 $22,313,482 $22,313,482 $431,809,973

$106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035
$232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973

$106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035
$232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973

$106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035
$232,160 $232,160 $232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973

67.1 Defer the FY09 cost of living adjustment.

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

($224,411) ($197,775) ($87,814) ($510,000)

($219,490) ($197,775) ($87,814) ($505,079)

($219,490) ($197,775) ($87,814) ($505,079)

($219,490) ($197,775) ($87,814) ($505,079)

67.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

($492,561)

($503,785)

($435,342)

$0

($506,660)

($513,409)

($513,409)

$0

($225,335)

($223,675)

($223,675)

$0

($1,224,556) ($1,240,869) ($1,172,426)

$0

67.3 Defer funds for structure adjustments to the statewide salary plan.

4372

JOURNAL OF THE HOUSE

State General Funds

($4,921)

($4,921)

($4,921)

67.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($179,962)

($179,962)

($179,962)

($179,962)

67.5 Reduce funds from under-utilized contracts.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($11,159,425) ($16,805,062) ($27,964,487)

($11,159,425) ($16,805,062) ($27,964,487)

($11,159,425) ($16,805,062) ($27,964,487)

($11,159,425) ($16,805,062) ($27,964,487)

67.6 Reduce funds by maintaining vacant positions.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,064,215) ($1,064,215) ($2,128,430)

($1,064,215) ($1,064,215) ($2,128,430)

($1,064,215) ($1,064,215) ($2,128,430)

($1,064,215) ($1,064,215) ($2,128,430)

67.7 Reduce funds from operations.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,389,179) ($1,389,180) ($2,778,359)

($1,389,179) ($1,389,180) ($2,778,359)

($1,389,179) ($1,389,180) ($2,778,359)

($1,389,179) ($1,389,180) ($2,778,359)

67.8 Reduce funds from the Health Information Exchange (HIE) pilot projects.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

67.9 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($1,103)

($1,103)

67.10 Increase funds for the application of a family planning waiver to provide family planning services to women at the same eligibility level (200% of the federal poverty level) as current pregnancy services are provided.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$25,000 $25,000 $50,000

$25,000 $25,000 $50,000

67.11 Evaluate the cost effectiveness of the new Medicaid Management Information System (MMIS) contract. (S:YES)

State General Funds

$0

67.97 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources (DHR) per SB433 (2008 Session).

State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$378,066 $193,142 $176,125 $747,333

$378,066 $193,142 $176,125 $747,333

$378,066 $193,142 $176,125 $747,333

$378,066 $193,142 $176,125 $747,333

67.98 Transfer funds for additional administrative overhead for the Office of Regulatory Services from the Department of Human Resources.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$107,129 $55,538
$162,667

WEDNESDAY, APRIL 1, 2009

4373

67.100 -Departmental Administration and Program Support

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS

$91,790,725 $91,779,501 $91,871,841

State General Funds

$91,790,725 $91,779,501 $91,871,841

TOTAL FEDERAL FUNDS

$282,748,294 $282,741,545 $282,766,545

Federal Funds Not Itemized

$193,142

$193,142

$193,142

Medical Assistance Program CFDA93.778

$259,401,117 $259,394,368 $259,419,368

State Children's Insurance Program CFDA93.767

$23,154,035 $23,154,035 $23,154,035

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

$22,000,333 $22,001,993 $22,001,993

State Funds Transfers

$22,000,333 $22,001,993 $22,001,993

Health Insurance Payments

$22,000,333 $22,001,993 $22,001,993

TOTAL PUBLIC FUNDS

$396,771,512 $396,755,199 $396,872,539

$92,414,312 $92,414,312 $283,335,492
$248,680 $259,932,777 $23,154,035
$232,160 $232,160 $232,160 $22,225,668 $22,225,668 $22,225,668 $398,207,632

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

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

68.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,488)

($6,488)

($6,488)

($6,488)

68.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($99,940)

($199,874)

($172,720)

$0

($234,635)

($202,758)

$0

($434,509)

($375,478)

$0

68.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

4374

JOURNAL OF THE HOUSE

State General Funds

($361)

($361)

($361)

($361)

68.4 Reduce funds received in HB990 (FY09G) and defer the contracts with the Georgia Association of Primary Health Care. (H:Provide funding for the expansion of the Federally Qualified Community Health Centers (FQHCs))(S:Increase funds for four "new start" FQHC sites and for Behavioral Health integration at four existing FQHCs with priority given to those sites that are most ready as designated by the Georgia Association of Primary Health Care)

State General Funds

($2,000,000) ($2,000,000)

$0

$0

68.5 Reduce funds received in HB990 (FY09G) and defer the implementation of the Wellness Incentive Pilot program.

State General Funds

($150,000)

($150,000)

($150,000)

($150,000)

68.6 Reduce funds received in HB990 (FY09G) and defer the implementation of the Safety Net Clinics.

State General Funds

($950,000)

($950,000)

($950,000)

($950,000)

68.7 Reduce funds from the Office of Rural Health Community Service grants. (H and S:Eliminate matching funds for competitive grants to local communities for alternative approaches to healthcare delivery)

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

68.8 Eliminate funds received in HB990 (FY09G) to operate the Georgia Health Marketplace Authority, the Georgia Health Marketing Fund, and to design the Marketplace website.

State General Funds

($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000)

68.9 Reduce funds received in HB990 (FY09G) and defer the Southeastern Firefighter's Burn Foundation grant. (H and S:Provide $250,000 to the Southeastern Firefighter's Burn Foundation)

State General Funds

($500,000)

($500,000)

($250,000)

($250,000)

68.10 Reduce funds to reflect completion of the four-year commitment to support Hughes Spalding Children's Hospital.

State General Funds

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

68.11 Reduce funds received in HB990 (FY09G) and defer the Rural Health Initiative.

Tobacco Settlement Funds

($10,600,000) ($10,600,000) ($10,600,000) ($10,600,000)

68.98 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources per SB433 (2008 Session). (S:Transfer funds and activities to the new Planning and Regulatory Services program)

State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$5,613,279

$5,613,279

$5,613,279

$0

$4,080,600

$4,080,600

$4,080,600

$0

$2,939,995

$2,939,995

$2,939,995

$0

$72,549

$72,549

$72,549

$0

$12,706,423 $12,706,423 $12,706,423

$0

68.99 SAC: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4375

68.100 -Health Care Access and Improvement

Appropriation (HB 119)

The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and

underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health

Information Technology and Transparency.

TOTAL STATE FUNDS

$12,890,550 $12,790,616 $15,067,770

$9,627,211

State General Funds

$12,890,550 $12,790,616 $15,067,770

$9,627,211

TOTAL FEDERAL FUNDS

$7,609,433

$7,374,798

$7,406,675

$588,838

Federal Funds Not Itemized

$4,080,600

$4,080,600

$4,080,600

Medical Assistance Program CFDA93.778

$3,528,833

$3,294,198

$3,326,075

$588,838

TOTAL AGENCY FUNDS

$172,549

$172,549

$172,549

$100,000

Sales and Services

$172,549

$172,549

$172,549

$100,000

Sales and Services Not Itemized

$172,549

$172,549

$172,549

$100,000

TOTAL PUBLIC FUNDS

$20,672,532 $20,337,963 $22,646,994 $10,316,049

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

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

69.1 Increase funds for the Georgia Trauma Network Commission (GTNC) administered by the Department of Human Resources by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce by $37,000,000 due to the revised revenue estimate)

State General Funds

$37,000,000

$0

$0

$0

69.2 Increase funds for the Disproportionate Share Hospital (DSH) payments for private deemed and non-deemed hospitals by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce by $13,713,384 due to the revised revenue estimate)

State General Funds

$13,713,384

$0

$0

$0

69.3 Transfer prior year reserves to the Medicaid: Low-Income Medicaid program.

Hospital Authorities Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

($2,700,000)

($2,700,000)

($2,700,000)

$0 ($2,700,000) ($2,700,000)

69.4 Increase funds to recognize Certificate of Need penalties and interest per OCGA 31-8-153.1.

4376

JOURNAL OF THE HOUSE

Sanctions, Fines, and Penalties Not Itemized

$11,563,695

69.100 -Indigent Care Trust Fund

Appropriation (HB 119)

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

TOTAL STATE FUNDS

$50,713,384

State General Funds

$50,713,384

TOTAL FEDERAL FUNDS

$257,075,969 $257,075,969 $257,075,969 $257,075,969

Medical Assistance Program CFDA93.778

$257,075,969 $257,075,969 $257,075,969 $257,075,969

TOTAL AGENCY FUNDS

$138,886,524 $138,886,524 $138,886,524 $150,450,219

Intergovernmental Transfers

$136,686,524 $136,686,524 $136,686,524 $139,386,524

Hospital Authorities

$136,686,524 $136,686,524 $136,686,524 $139,386,524

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

Sanctions, Fines, and Penalties

$8,863,695

Sanctions, Fines, and Penalties Not Itemized

$8,863,695

TOTAL PUBLIC FUNDS

$446,675,877 $395,962,493 $395,962,493 $407,526,188

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

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988
$267,288,632 $267,288,632 $267,288,632 $3,998,933,946

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988
$267,288,632 $267,288,632 $267,288,632 $3,998,933,946

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988
$267,288,632 $267,288,632 $267,288,632 $3,998,933,946

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988
$267,288,632 $267,288,632 $267,288,632 $3,998,933,946

70.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse providers of durable medical equipment.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,066,339) ($1,984,703) ($3,051,042)

($1,066,339) ($1,984,703) ($3,051,042)

($1,066,339) ($1,984,703) ($3,051,042)

70.2 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs.

($1,066,339) ($1,984,703) ($3,051,042)

WEDNESDAY, APRIL 1, 2009

4377

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($3,886,521) ($7,233,711) ($11,120,232)

($3,886,521) ($7,233,711) ($11,120,232)

($3,886,521) ($7,233,711) ($11,120,232)

($3,886,521) ($7,233,711) ($11,120,232)

70.3 Increase funds for 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person (MFP) grant.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,572,750 $2,914,091 $4,486,841

$1,572,750 $2,914,091 $4,486,841

$1,572,750 $2,914,091 $4,486,841

$1,572,750 $2,914,091 $4,486,841

70.4 Reduce funds due to savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,558,761) ($2,888,171) ($4,446,932)

($1,558,761) ($2,888,171) ($4,446,932)

($1,599,346) ($3,008,766) ($4,608,112)

($1,599,346) ($3,008,766) ($4,608,112)

70.5 Increase funds for benefits growth.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$9,896,470 $18,378,248 $28,274,718

$9,896,470 $18,378,248 $28,274,718

$9,896,470 $18,378,248 $28,274,718

$9,896,470 $18,378,248 $28,274,718

70.6 Increase funds to reflect loss of prior year reserves.

State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

$63,872,418 ($63,872,418)
$0

$63,872,418 ($63,872,418)
$0

$63,872,418 ($63,872,418)
$0

$63,872,418 ($63,872,418)
$0

70.7 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($4,865,799) ($9,015,662) ($13,881,461)

($4,865,799) ($9,015,662) ($13,881,461)

($4,865,799) ($9,015,662) ($13,881,461)

($4,865,799) ($9,015,662) ($13,881,461)

70.8 Reduce funds received in HB990 (FY09G) for provider rate increases. (H:Delay the FY09 provider rate increases)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($35,083,373) ($35,083,373) ($35,083,373) ($35,083,373) ($65,004,703) ($65,004,703) ($65,004,703) ($65,004,703) ($100,088,076) ($100,088,076) ($100,088,076) ($100,088,076)

70.9 Reduce funds by recognizing additional savings from fraud and abuse recoveries. (S:Reflect additional savings per SB165 (2009 Session))

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,597,692) ($2,960,305) ($4,557,997)

($1,597,692) ($2,960,305) ($4,557,997)

($1,597,692) ($2,960,305) ($4,557,997)

($8,699,147) ($16,118,324) ($24,817,471)

70.10 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $20,399,713 and Total Funds by $58,197,598 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

4378

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$20,399,713

$0

$0

$0

$37,797,885

$0

$0

$0

$58,197,598

$0

$0

$0

70.11

Increase funds to implement the HB990 (FY09G) rate increases for waiver service providers in both the Mental Retardation Waiver Program (MRWP) and the Community Care Service Program (CCSP) administered by the Department of Human Resources by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $3,077,675 and Total Funds by $8,780,187 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$3,077,675

$0

$0

$0

$5,702,512

$0

$0

$0

$8,780,187

$0

$0

$0

70.12

Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($4,541,253), ambulance ($1,859,804), home health ($1,508,673), Healthcheck ($24,246), digital mammography ($150,686), global maternity ($579,701), and personal support services in the Independent Care Waiver Program (ICWP) ($354,680). (Gov Rev, H, and S:Reduce State General Funds by $9,019,044 and Total Funds by $25,730,103 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$9,019,044

$0

$0

$0

$16,711,059

$0

$0

$0

$25,730,103

$0

$0

$0

70.13

Increase funds by recognizing new hospital and managed care provider fees to implement the following nursing home increases: Fair rental value ($7,000,000), nursing home cost report updates ($6,207,000), and for the nursing home quality incentive program ($1,793,000). (Gov Rev, H, and S:Reduce State General Funds by $15,000,000 and Total Funds by $42,792,953 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$15,000,000

$0

$0

$0

$27,792,953

$0

$0

$0

$42,792,953

$0

$0

$0

70.14 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10. (Gov Rev:Reflect FMAP adjustments in line 70.15)

Medical Assistance Program CFDA93.778

$104,411,891

$0 $104,411,891 $104,411,891

70.15 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($392,816,908) ($321,822,678) ($237,173,527)

$366,923,626 $321,822,678 $237,173,527

($25,893,282)

$0

$0

70.16 Reduce funds for payments to inpatient and outpatient hospital providers by 10%.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($31,613,233)

$0

$0

($58,575,007)

$0

$0

($90,188,240)

$0

$0

WEDNESDAY, APRIL 1, 2009

4379

70.17

Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, MRWP, Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($37,176,548)

$0

$0

($68,883,071)

$0

$0

($106,059,619)

$0

$0

70.18 Increase funds for fair rental value ($7,000,000) and quality incentive program ($1,793,000) for nursing homes. (S:Increase funds for fair rental value)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$8,793,000 $26,127,571 $34,920,571

$9,393,000 $28,603,659 $37,996,659

70.19 Reduce funds to realign Medicaid benefit expenditures.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($98,579,412) ($98,579,412) ($119,654,200) ($119,654,200) ($218,233,612) ($218,233,612)

70.20 Reduce funds to reflect savings from relocating 10% of long stay ventilator patients out of acute care settings and into skilled nursing facilities.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($3,800,000) ($7,040,881) ($10,840,881)

70.21 Transfer funds from the Nursing Home Provider Fees program to reflect where expenditures actually occur and recognize Nursing Home Provider Fees as a state fund source.

Nursing Home Provider Fees Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$122,528,939 $218,425,317 $340,954,256

70.100 -Medicaid: Aged, Blind, and Disabled

Appropriation (HB 119)

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals.

TOTAL STATE FUNDS

$1,213,638,756 $704,535,635 $754,492,649

State General Funds

$1,213,638,756 $704,535,635 $754,492,649

Nursing Home Provider Fees

TOTAL FEDERAL FUNDS

$2,591,192,121 $2,638,241,369 $2,731,363,166

Medical Assistance Program CFDA93.778

$2,591,192,121 $2,638,241,369 $2,731,363,166

TOTAL AGENCY FUNDS

$62,342,988 $62,342,988 $62,342,988

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

$951,369,284 $828,840,345 $122,528,939 $2,847,416,520 $2,847,416,520 $62,342,988 $62,342,988 $62,342,988 $267,288,632 $267,288,632

4380

JOURNAL OF THE HOUSE

Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

$267,288,632 $267,288,632 $267,288,632 $267,288,632 $4,134,462,497 $3,672,408,624 $3,815,487,435 $4,128,417,424

Medicaid: Low-Income Medicaid

Continuation Budget

The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$967,807,351 $916,833,695
$50,973,656 $2,020,232,680 $2,020,232,680
$153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847
$13,416,847 $13,416,847 $3,154,813,458

$967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847
$13,416,847 $3,154,813,458

$967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,154,813,458

$967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,154,813,458

71.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse providers of durable medical equipment.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($133,661) ($247,656) ($381,317)

($133,661) ($247,656) ($381,317)

($133,661) ($247,656) ($381,317)

($133,661) ($247,656) ($381,317)

71.2 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,041,478) ($1,929,717) ($2,971,195)

($1,041,478) ($1,929,717) ($2,971,195)

($1,041,478) ($1,929,717) ($2,971,195)

($1,041,478) ($1,929,717) ($2,971,195)

71.3 Reduce funds due to savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,936,239) ($3,587,587) ($5,523,826)

($1,936,239) ($3,587,587) ($5,523,826)

($1,986,654) ($3,737,390) ($5,724,044)

($1,986,654) ($3,737,390) ($5,724,044)

71.4 Increase funds to reflect benefits growth.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$7,703,848 $14,274,179 $21,978,027

$7,703,848 $14,274,179 $21,978,027

$7,703,848 $14,274,179 $21,978,027

$7,703,848 $14,274,179 $21,978,027

71.5 Increase funds to reflect the loss of prior-year reserves.

WEDNESDAY, APRIL 1, 2009

4381

State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

$141,028,264 $141,028,264 $141,028,264 $141,028,264

($141,028,264) ($141,028,264) ($141,028,264) ($141,028,264)

$0

$0

$0

$0

71.6 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($4,052,454) ($7,508,644) ($11,561,098)

($4,052,454) ($7,508,644) ($11,561,098)

($4,052,454) ($7,508,644) ($11,561,098)

($4,052,454) ($7,508,644) ($11,561,098)

71.7 Replace funds for Medicaid benefits.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

($201,088,101) ($214,358,069) ($214,358,069) ($214,358,069)

$201,088,101 $214,358,069 $214,358,069 $214,358,069

$0

$0

$0

$0

71.8 Reduce funds received in HB990 (FY09G) for provider rate increases. (H:Delay the FY09 provider rate increases)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($22,706,943) ($42,072,867) ($64,779,810)

($22,706,943) ($42,072,867) ($64,779,810)

($22,706,943) ($42,072,867) ($64,779,810)

($22,706,943) ($42,072,867) ($64,779,810)

71.9 Replace funds with prior year reserves transferred from the Indigent Care Trust Fund program.

State General Funds Hospital Authorities Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

($2,700,000) $2,700,000
$0

($2,700,000) $2,700,000
$0

($2,700,000) $2,700,000
$0

($2,700,000) $0
$2,700,000 $0

71.10 Reduce funds by recognizing additional savings from fraud and abuse recoveries. (S:Reflect additional savings per SB165 (2009 Session))

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($260,090) ($481,911) ($742,001)

($260,090) ($481,911) ($742,001)

($260,090) ($481,911) ($742,001)

($1,416,144) ($2,623,919) ($4,040,063)

71.11 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $30,371,205 and Total Funds by $86,644,904 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$30,371,205

$0

$0

$0

$56,273,699

$0

$0

$0

$86,644,904

$0

$0

$0

71.12 Reduce funds to reflect savings from new hospital and managed care provider fees. (Gov Rev, H, and S:Restore $111,486,829 in State General Funds and $318,056,712 in Total Funds due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($111,486,829)

$0

$0

$0

($206,569,883)

$0

$0

$0

($318,056,712)

$0

$0

$0

4382

JOURNAL OF THE HOUSE

71.13 Increase funds for projected Medicaid needs by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $166,602,239 and Total Funds by $475,293,457 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$166,602,239

$0

$0

$0

$308,691,218

$0

$0

$0

$475,293,457

$0

$0

$0

71.14

Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($8,808,522), ambulance ($65,641), home health ($309,251), Healthcheck ($652,395), digital mammography ($297,116), global maternity ($1,654,119), and personal support services in the Independent Care Waiver Program (ICWP) ($918). (Gov Rev, H, and S:Reduce State General Funds by $11,787,963 and Total Funds by $33,629,450 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$11,787,963

$0

$0

$0

$21,841,487

$0

$0

$0

$33,629,450

$0

$0

$0

71.15 Reduce funds to reflect the revised Care Management Organization (CMO) fee projection based on new rate and updated enrollment. (Gov Rev, H, and S:Reduce state general funds by $6,132,288 and federal funds by $11,362,292 to reflect a revised CMO fee projection of 5.5% for three months)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($88,606,260) ($94,738,548) ($94,656,158) ($94,656,158) ($164,175,311) ($175,537,603) ($123,552,604) ($123,552,604) ($252,781,571) ($270,276,151) ($218,208,762) ($218,208,762)

71.16 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10. (Gov Rev:Reflect FMAP adjustments in line 71.18)

Medical Assistance Program CFDA93.778

$81,242,707

$0 $81,242,707 $81,242,707

71.17 Reduce funds for payments to inpatient and outpatient hospital providers by 10%.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($46,575,662)

$0

$0

($86,298,347)

$0

$0

($132,874,009)

$0

$0

71.18 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($57,533,090) ($328,071,736) ($270,745,294)

$320,534,001 $328,071,736 $270,745,294

$263,000,911

$0

$0

71.19 Increase funds.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$55,115,410 $135,595,351 $190,710,761

$55,115,410 $135,595,351 $190,710,761

$55,115,410 $135,595,351 $190,710,761

71.20

Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, Mental Retardation Waiver Program (MRWP), Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management.

WEDNESDAY, APRIL 1, 2009

4383

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($27,156,347)

$0

$0

($50,317,006)

$0

$0

($77,473,353)

$0

$0

71.21 Increase funds to realign Medicaid benefit expenditures.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$92,953,715 $172,230,551 $265,184,266

$92,953,715 $172,230,551 $265,184,266

71.22 Increase funds to provide family planning services to women at 200% of the federal poverty level, contingent upon receipt of a Centers for Medicare & Medicaid Services (CMS) waiver.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$225,000 $2,025,000 $2,250,000

$225,000 $2,025,000 $2,250,000

71.23 Replace funds to recognize Care Management Organization Quality Assessment Fees as a state fund source.

State General Funds Care Management Organization Fees TOTAL PUBLIC FUNDS

($37,557,487) $37,557,487
$0

71.100 -Medicaid: Low-Income Medicaid

Appropriation (HB 119)

The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS

$1,092,376,916 $912,820,361 $809,224,414

State General Funds

$840,315,159 $647,488,636 $543,892,689

Tobacco Settlement Funds

$252,061,757 $265,331,725 $265,331,725

Care Management Organization Fees

TOTAL FEDERAL FUNDS

$2,075,982,394 $2,122,654,873 $2,574,141,415

Medical Assistance Program CFDA93.778

$2,075,982,394 $2,122,654,873 $2,574,141,415

TOTAL AGENCY FUNDS

$15,028,316 $15,028,316 $15,028,316

Intergovernmental Transfers

$15,028,316 $15,028,316 $15,028,316

Hospital Authorities

$15,028,316 $15,028,316 $15,028,316

Sanctions, Fines, and Penalties

Sanctions, Fines, and Penalties Not Itemized

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

$3,196,804,473 $3,063,920,397 $3,411,810,992

$865,394,802 $562,505,590 $265,331,725
$37,557,487 $2,514,672,965 $2,514,672,965
$15,028,316 $12,328,316 $12,328,316
$2,700,000 $2,700,000 $13,416,847 $13,416,847 $13,416,847 $3,408,512,930

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.

4384

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759

$120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759

$120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759

$120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759

72.1 Increase funds to reflect revised Nursing Home Provider Fee collections based on updated enrollment and cost data.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,722,981 $3,192,449 $4,915,430

$1,722,981 $3,192,449 $4,915,430

$1,722,981 $3,192,449 $4,915,430

$1,722,981 $3,192,449 $4,915,430

72.2 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10.

Medical Assistance Program CFDA93.778

$168,067

$168,067

$168,067

$168,067

72.3 Transfer funds to the Medicaid: Aged, Blind and Disabled program to reflect where expenditures actually occur and reflect Nursing Home Provider Fees as a state fund source.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($122,528,939) ($218,425,317) ($340,954,256)

72.100 -Nursing Home Provider Fees

Appropriation (HB 119)

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

$122,528,939 $122,528,939 $122,528,939

State General Funds

$122,528,939 $122,528,939 $122,528,939

TOTAL FEDERAL FUNDS

$218,425,317 $218,425,317 $218,425,317

Medical Assistance Program CFDA93.778

$218,425,317 $218,425,317 $218,425,317

TOTAL PUBLIC FUNDS

$340,954,256 $340,954,256 $340,954,256

PeachCare

Continuation Budget

The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children.

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

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783 $151,783 $393,671,223

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783 $151,783 $393,671,223

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783 $151,783 $393,671,223

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783 $151,783 $393,671,223

WEDNESDAY, APRIL 1, 2009

4385

73.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($72,001) ($221,432) ($293,433)

($72,001) ($221,432) ($293,433)

($72,001) ($221,432) ($293,433)

($72,001) ($221,432) ($293,433)

73.2 Reduce funds received in HB990 (FY09G) for provider rate increases.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($1,284,916) ($3,951,624) ($5,236,540)

($1,284,916) ($3,951,624) ($5,236,540)

($1,284,916) ($3,951,624) ($5,236,540)

($1,284,916) ($3,951,624) ($5,236,540)

73.3 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $1,443,018 and Total Funds by $5,880,868 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$1,443,018

$0

$0

$0

$4,437,850

$0

$0

$0

$5,880,868

$0

$0

$0

73.4 Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($305,777), ambulance ($63,553), home health ($5,648), Healthcheck ($63,310), digital mammography ($28,076), and global maternity ($138,187). (Gov Rev, H, and S:Reduce State General Funds by $604,551 and Total Funds by $2,463,783 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$604,551

$0

$0

$0

$1,859,232

$0

$0

$0

$2,463,783

$0

$0

$0

73.5 Increase funds for projected needs by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Increase funds to cover projected PeachCare needs)

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$8,019,268 $24,662,415 $32,681,683

$8,019,268 $24,662,415 $32,681,683

$8,019,268 $24,662,415 $32,681,683

$8,019,268 $24,662,415 $32,681,683

73.6 Reduce funds to reflect the revised Care Management Organization (CMO) fee projection based on new rate and updated enrollment. (Gov Rev, H, and S:Reduce state general funds by $831,526 and federal funds by $2,556,411 to reflect a revised CMO fee projection of 5.5% for three months)

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($15,235,470) ($46,855,085) ($62,090,555)

($16,066,726) ($49,411,526) ($65,478,252)

($16,179,206) ($47,746,598) ($63,925,804)

($16,179,206) ($47,746,598) ($63,925,804)

73.7 Increase funds to reflect the change in the PeachCare federal participation rate from 74.90% in FY09 to 75.54% in FY10.

State Children's Insurance Program CFDA93.767

$10,354,583 $10,354,583 $10,354,583 $10,354,583

73.8 Reduce funds for payments to inpatient and outpatient hospital providers by 10%.

4386

JOURNAL OF THE HOUSE

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($2,528,327)

$0

$0

($7,775,604)

$0

$0

($10,303,931)

$0

$0

73.9 Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, Mental Retardation Waiver Program (MRWP), Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($4,548,141)

$0

$0

($13,987,329)

$0

$0

($18,535,470)

$0

$0

73.10 Increase funds to realign PeachCare benefit expenditures.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$5,625,697 $17,298,904 $22,924,601

$3,748,882 $11,527,735 $15,276,617

73.11 Replace funds to recognize Care Management Organization Quality Assessment Fees as a state fund source.

State General Funds Care Management Organization Fees TOTAL PUBLIC FUNDS

($4,967,414) $4,967,414
$0

73.99 SAC: The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.

State General Funds

$0

73.100 -PeachCare

Appropriation (HB 119)

The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.

TOTAL STATE FUNDS

$92,147,379 $82,192,086 $94,781,771

State General Funds

$92,147,379 $82,192,086 $94,781,771

Care Management Organization Fees

TOTAL FEDERAL FUNDS

$285,132,450 $254,515,994 $295,242,759

State Children's Insurance Program CFDA93.767

$285,132,450 $254,515,994 $295,242,759

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

$377,431,612 $336,859,863 $390,176,313

$92,904,956 $87,937,542
$4,967,414 $289,471,590 $289,471,590
$151,783 $151,783 $151,783 $382,528,329

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.

WEDNESDAY, APRIL 1, 2009

4387

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

74.1 Increase funds to reflect projected revenue above the original appropriation. (H and S:Adjust revenue to reflect projected increases from growth in enrollment and payroll)

Health Insurance Payments

$224,421,309 $224,421,309 $87,191,472 $87,191,472

74.2 Replace one-time prior year reserve funds.

Reserved Fund Balances Not Itemized Health Insurance Payments TOTAL PUBLIC FUNDS

($30,345,470) $30,345,470
$0

($30,345,470) $30,345,470
$0

($30,345,470) $30,345,470
$0

($30,345,470) $30,345,470
$0

74.3 Increase funds to reflect the implementation of optimal pricing strategies to incentivize member enrollment in Consumer Driven Health Plans (CDHP) while increasing employee premiums by an average of 5%.

Health Insurance Payments

$17,122,353 $17,122,353 $17,122,353 $17,122,353

74.4 Reduce employer contribution rate for state employees from 22.165% to 17.856% to reflect a reduction in contributions for Other Post-Employment Benefits (OPEB). (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Adjust the employer contribution rate for SHBP to eliminate the fund balance; an increase from 16.567% to 17.329% for state employees and from 17.245% to 18.046% for teachers, effective January 1, 2010)(S:Restore rates to prior amounts and utilize surpluses to cover the Department of Education's contribution for non-certificated employees and retirees)

Health Insurance Payments

($128,531,386) ($169,301,492) ($236,912,007) ($248,864,058)

74.5 Utilize FY09 net assets to subsidize FY10 employer contributions. (S:YES)

Health Insurance Payments

$168,620,098

$0

74.6 Increase funds to maintain the employee share of the State Health Benefit Plan at 25%. (S:Increase funds to implement cost saving plans, including encouraging increased employee utilization of CDHPs)

Health Insurance Payments

$70,264,026 $82,326,391

74.99 SAC: The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates.

State General Funds

$0

4388

JOURNAL OF THE HOUSE

74.100 -State Health Benefit Plan

Appropriation (HB 119)

The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in

quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,817,755,442 $2,776,985,336 $2,811,029,108 $2,642,519,324

State Funds Transfers

$2,817,755,442 $2,776,985,336 $2,811,029,108 $2,642,519,324

Health Insurance Payments

$2,817,755,442 $2,776,985,336 $2,811,029,108 $2,642,519,324

TOTAL PUBLIC FUNDS

$2,817,755,442 $2,776,985,336 $2,811,029,108 $2,642,519,324

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

$1,439,892 $1,439,892 $1,439,892

$1,439,892 $1,439,892 $1,439,892

$1,439,892 $1,439,892 $1,439,892

$1,439,892 $1,439,892 $1,439,892

75.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,704)

($2,704)

($2,704)

($2,704)

75.2 Defer special adjustments to selected job classes.

State General Funds

($8,547)

($8,547)

($8,547)

($8,547)

75.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($7,326)

($8,114)

($7,011)

$0

75.4 Reduce funds from medical scholarship awards.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

75.5 Reduce funds from the contract with the Georgia Student Finance Commission for loan and scholarship tracking and administer internally.

State General Funds

($15,000)

($15,000)

($15,000)

($15,000)

75.6 Reduce funds from the loan repayment program.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

75.99

SAC: 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. House: 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.

WEDNESDAY, APRIL 1, 2009

4389

Gov Rev: 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. Governor: 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.

State General Funds

$0

$0

$0

$0

75.100 -Medical Education Board, State

Appropriation (HB 119)

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.

TOTAL STATE FUNDS

$1,321,315

$1,320,527

$1,321,630

$1,328,641

State General Funds

$1,321,315

$1,320,527

$1,321,630

$1,328,641

TOTAL PUBLIC FUNDS

$1,321,315

$1,320,527

$1,321,630

$1,328,641

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

$855,498 $855,498 $855,498

$855,498 $855,498 $855,498

$855,498 $855,498 $855,498

$855,498 $855,498 $855,498

76.1 Defer the FY09 cost of living adjustment.

State General Funds

($5,716)

($5,716)

($5,716)

($5,716)

76.2 Defer special adjustments to selected job classes.

State General Funds

($23,430)

($23,430)

($23,430)

($23,430)

76.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($16,297)

($19,406)

($16,770)

$0

76.4 Eliminate one-time funds.

State General Funds

($26,525)

($26,525)

($26,525)

($26,525)

76.5 Reduce funds received in HB990 (FY09G) from the internship program.

State General Funds

($12,000)

($12,000)

($12,000)

($12,000)

76.6 Reduce funds received in HB990 (FY09G) and defer the medical education expansion study.

State General Funds

($110,000)

($110,000)

($500,000)

($110,000)

4390

JOURNAL OF THE HOUSE

76.100 -Physician Workforce, Georgia Board of: Board Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to all agency programs.

TOTAL STATE FUNDS

$661,530

$658,421

State General Funds

$661,530

$658,421

TOTAL PUBLIC FUNDS

$661,530

$658,421

$271,057 $271,057 $271,057

$677,827 $677,827 $677,827

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

$9,853,061 $9,853,061 $9,853,061

$9,853,061 $9,853,061 $9,853,061

$9,853,061 $9,853,061 $9,853,061

$9,853,061 $9,853,061 $9,853,061

77.1 Reduce funds received in HB990 (FY09G) for graduate medical education. State General Funds 77.2 Reduce funds to reflect the revised revenue estimate. State General Funds 77.3 Reduce funds from the Athens/Gainesville Area medical expansion study. State General Funds

($343,797)

($343,797) ($87,600)

$0

($343,797)

$0

($87,600)

($500,000)

77.100 -Physician Workforce, Georgia Board of: Graduate Medical Education

Appropriation (HB 119)

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

$9,509,264

$9,421,664

$9,853,061

$8,921,664

State General Funds

$9,509,264

$9,421,664

$9,853,061

$8,921,664

TOTAL PUBLIC FUNDS

$9,509,264

$9,421,664

$9,853,061

$8,921,664

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

$24,560,862 $24,560,862 $24,560,862

78.1 Reduce funds from the Mercer School of Medicine operating grant by 8.7%.

State General Funds

($2,131,969)

78.2 Reduce funds to reflect the revised revenue estimate.

($2,131,969)

$0 ($1,065,985)

WEDNESDAY, APRIL 1, 2009

4391

State General Funds

($206,616)

$0

($206,616)

78.100 -Physician Workforce, Georgia Board of: Mercer School of Medicine Grant

Appropriation (HB 119)

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

$22,428,893 $22,222,277 $24,560,862 $23,288,261

State General Funds

$22,428,893 $22,222,277 $24,560,862 $23,288,261

TOTAL PUBLIC FUNDS

$22,428,893 $22,222,277 $24,560,862 $23,288,261

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

$12,997,293 $12,997,293 $12,997,293

$12,997,293 $12,997,293 $12,997,293

$12,997,293 $12,997,293 $12,997,293

$12,997,293 $12,997,293 $12,997,293

79.1 Reduce funds from the Morehouse School of Medicine operating grant by 8.7%.

State General Funds

($1,128,211)

79.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($1,128,211) ($109,339)

$0

($564,106)

$0

($109,339)

79.100 -Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Appropriation (HB 119)

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

$11,869,082 $11,759,743 $12,997,293 $12,323,848

State General Funds

$11,869,082 $11,759,743 $12,997,293 $12,323,848

TOTAL PUBLIC FUNDS

$11,869,082 $11,759,743 $12,997,293 $12,323,848

Physician Workforce, Georgia Board of: Undergraduate Medical Education Continuation Budget The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with certain private medical schools in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

80.1 Reduce funds from the undergraduate medical education program. State General Funds 80.2 Reduce funds to reflect the revised revenue estimate.

($377,978)

($377,978)

$0

($188,989)

4392

JOURNAL OF THE HOUSE

State General Funds

($29,115)

$0

($29,115)

80.100 -Physician Workforce, Georgia Board of: Undergraduate Medical Education Appropriation (HB 119)

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

$3,160,506

$3,131,391

$3,538,484

$3,320,380

State General Funds

$3,160,506

$3,131,391

$3,538,484

$3,320,380

TOTAL PUBLIC FUNDS

$3,160,506

$3,131,391

$3,538,484

$3,320,380

Planning and Regulatory Services
TOTAL STATE FUNDS State General Funds

Continuation Budget
$0 $0

500.97 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources per SB433 (2008 Session).

State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$5,613,279 $4,080,600 $2,939,995
$72,549 $12,706,423

500.98 Transfer remaining funds and activities from the Department of Human Resources related to the inspection and licensure of long term care and health care facilities that were not specifically identified in SB433 (2008 Session).

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$838,204 $1,441,305 $2,279,509

500.99 SAC: The purpose of this appropriation is to inspect and license long term care and health care facilities.

State General Funds

500.100-Planning and Regulatory Services

Appropriation (HB 119)

The purpose of this appropriation is to inspect and license long term care and health care facilities.

TOTAL STATE FUNDS

State General Funds

TOTAL FEDERAL FUNDS

Federal Funds Not Itemized

Medical Assistance Program CFDA93.778

TOTAL AGENCY FUNDS

Sales and Services

$0
$6,451,483 $6,451,483 $8,461,900 $5,521,905 $2,939,995
$72,549 $72,549

WEDNESDAY, APRIL 1, 2009

4393

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$72,549 $14,985,932

It is the intention of this General Assembly that the Department of Community Health implement a direct bill system for revenue collection of the employer share of premium costs. The direct bill rates paid by state agencies in the direct bill system shall be set based on an equivalent amount of employer revenue appropriated on behalf of active and retired state employees in HB 210. The direct bill rates paid by local boards of education in the direct bill system shall be set based on an equivalent amount of employer revenue appropriated on behalf of active and retired teachers and school employees in HB 210, effective January 1, 2010. The employer contribution rate for the teachers' health benefit plan for Fiscal Year 2010 shall not exceed 18.534% and for the state employees' health benefit plan for Fiscal Year 2010 shall not exceed 22.165%.

Whereas, the Department of Community Health is the sole Administrator of the State Health Benefit Plan for purposes of collecting COBRA premiums and providing medical continuation coverage pursuant to federal COBRA law; and whereas, the American Recovery and Reinvestment Act of 2009 COBRA Premium Reduction rules require the Department of Community Health to provide COBRA coverage to certain "Assistance Eligible Individuals" upon receiving only 35% of COBRA premium payment from such individuals; therefore, the remaining 65% of the SHBP COBRA premium is to be recouped exclusively by DCH as the sole COBRA Administrator of SHBP through adjustments to DCH payroll taxes.

Section 17: Corrections, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements

Section Total - Final

$1,083,747,526 $973,775,702

$1,083,747,526 $973,775,702

$5,889,638 $103,124,312

$97,234,674

$5,889,638

$5,889,638

$39,835,742 $39,835,742

$9,599,502

$9,599,502

$3,219

$3,219

$971,876,888 $971,876,888 $103,124,312
$97,234,674 $5,889,638 $39,835,742 $9,599,502
$3,219

$994,362,255 $994,362,255 $103,124,312 $97,234,674
$5,889,638 $39,835,742 $9,599,502
$3,219

4394

JOURNAL OF THE HOUSE

Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS

$655,104 $29,577,917
$956,324 $956,324 $1,130,429,230

$655,104 $29,577,917
$956,324 $956,324 $1,117,692,080

$655,104 $29,577,917
$956,324 $956,324 $1,115,793,266

$655,104 $29,577,917
$956,324 $956,324 $1,138,278,633

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

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046 $172,046 $6,601,214

81.1 Defer the FY09 cost of living adjustment.

State General Funds

($45,348)

($45,348)

($45,348)

($45,348)

81.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,752)

($2,752)

($2,752)

($2,752)

81.3 Defer special adjustments to selected job classes.

State General Funds

($23,217)

($23,217)

($23,217)

($23,217)

81.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($32,681)

($32,681)

($32,681)

($32,681)

81.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($104,988)

($123,123)

($106,396)

$0

81.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,136

$1,136

$1,136

$1,136

81.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($136,308)

($136,308)

($136,308)

($136,308)

WEDNESDAY, APRIL 1, 2009

4395

81.99 SAC: The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more security and supervision than provided by regular community supervision.

State General Funds

$0

81.100 -Bainbridge Probation Substance Abuse Treatment Center

Appropriation (HB 119)

The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more

security and supervision than provided by regular community supervision.

TOTAL STATE FUNDS

$6,064,267

$6,046,132

$6,062,859

$6,169,255

State General Funds

$6,064,267

$6,046,132

$6,062,859

$6,169,255

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

$172,046

$172,046

$172,046

$172,046

Sales and Services

$172,046

$172,046

$172,046

$172,046

Sales and Services Not Itemized

$172,046

$172,046

$172,046

$172,046

TOTAL PUBLIC FUNDS

$6,257,056

$6,238,921

$6,255,648

$6,362,044

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

82.1 Transfer funds from the Offender Management program.

State General Funds

$1,400,000

$1,400,000

82.99 SAC: The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing.

State General Funds

$0

82.100 -County Jail Subsidy

Appropriation (HB 119)

The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing.

TOTAL STATE FUNDS

$6,196,724

$6,196,724

$7,596,724

$7,596,724

State General Funds

$6,196,724

$6,196,724

$7,596,724

$7,596,724

TOTAL PUBLIC FUNDS

$6,196,724

$6,196,724

$7,596,724

$7,596,724

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.

4396

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 PUBLIC FUNDS

$55,017,209 $55,017,209 $2,462,251 $2,462,251
$102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

$55,017,209 $55,017,209 $2,462,251
$2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

$55,017,209 $55,017,209
$2,462,251 $2,462,251
$102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

$55,017,209 $55,017,209 $2,462,251
$2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

83.1 Defer the FY09 cost of living adjustment.

State General Funds

($480,338)

($480,338)

($480,338)

($480,338)

83.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($29,152)

($29,152)

($29,152)

($29,152)

83.3 Defer special adjustments to selected job classes.

State General Funds

($6,805)

($6,805)

($6,805)

($6,805)

83.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,039,900) ($1,219,523) ($1,053,843)

$0

83.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$8,422,296

$8,422,296

$8,422,296

$8,422,296

83.6 Eliminate funds from the four Regional Training Academies and consolidate training activities to the Tift College campus.

State General Funds

($1,738,398) ($1,738,398) ($1,738,398) ($1,738,398)

83.7 Reduce funds from the communications center through the use of updated technology.

State General Funds

($361,757)

($361,757)

($361,757)

($361,757)

83.8 Reduce funds from various contracts including those for consulting and special projects that will be delayed for the long-term.

State General Funds

($260,100)

($260,100)

($260,100)

($260,100)

83.9 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($1,741,850) ($1,741,850) ($1,741,850) ($1,741,850)

83.10 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks.

State General Funds

($453,022)

($453,022)

($453,022)

($453,022)

WEDNESDAY, APRIL 1, 2009

4397

83.11 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety Training Center to the Tift Academy.

State General Funds

$803,902

$803,902

$803,902

$803,902

83.12 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($3,405)

($3,405)

($3,405)

($3,405)

83.13 Reduce funds designated for vehicle purchases.

State General Funds

($412,720)

($412,720)

($412,720)

($412,720)

83.14 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP.

State General Funds

$12,853

$12,853

$12,853

$12,853

83.15 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP.

State General Funds

$21,434

$21,434

$21,434

$21,434

83.16 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($296,054)

($296,054)

83.100 -Departmental Administration

Appropriation (HB 119)

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

$57,750,247 $57,570,624 $57,440,250 $58,494,093

State General Funds

$57,750,247 $57,570,624 $57,440,250 $58,494,093

TOTAL FEDERAL FUNDS

$2,462,251

$2,462,251

$2,462,251

$2,462,251

Federal Funds Not Itemized

$2,462,251

$2,462,251

$2,462,251

$2,462,251

TOTAL AGENCY FUNDS

$102,491

$102,491

$102,491

$102,491

Rebates, Refunds, and Reimbursements

$3,219

$3,219

$3,219

$3,219

Rebates, Refunds, and Reimbursements Not Itemized

$3,219

$3,219

$3,219

$3,219

Sales and Services

$99,272

$99,272

$99,272

$99,272

Sales and Services Not Itemized

$99,272

$99,272

$99,272

$99,272

TOTAL PUBLIC FUNDS

$60,314,989 $60,135,366 $60,004,992 $61,058,835

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

$46,960,470 $46,960,470
$671,975 $671,975 $6,019,327

$46,960,470 $46,960,470
$671,975 $671,975 $6,019,327

$46,960,470 $46,960,470
$671,975 $671,975 $6,019,327

$46,960,470 $46,960,470
$671,975 $671,975 $6,019,327

4398

JOURNAL OF THE HOUSE

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

84.1 Defer the FY09 cost of living adjustment.

State General Funds

($553,120)

($553,120)

($553,120)

($553,120)

84.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($33,570)

($33,570)

($33,570)

($33,570)

84.3 Defer special adjustments to selected job classes.

State General Funds

($258,988)

($258,988)

($258,988)

($258,988)

84.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($448,587)

($448,587)

($448,587)

($448,587)

84.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,062,628) ($1,246,177) ($1,076,876)

$0

84.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$306,052

$306,052

$306,052

$306,052

84.7 Reduce funds by closing the I.W. Davis Probation Detention Center (PDC) and the Terrell PDC, as well as another PDC based on reduced demand resulting from legislation changing the calculation of time-served.

State General Funds

($5,816,109) ($5,816,109) ($5,816,109) ($5,816,109)

84.8 Transfer funds to the Transitional Center program due to the remissioning of one unit at the Emanuel PDC to a Transitional Center.

State General Funds

($2,314,792) ($2,314,792) ($2,314,792) ($2,314,792)

84.9 Transfer funds to the State Prisons program due to the remissioning of the West Central PDC to a Pre-Release Center.

State General Funds

($2,613,787) ($2,613,787) ($2,613,787) ($2,613,787)

84.10 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($1,466,790) ($1,466,790) ($1,466,790) ($1,466,790)

84.99 SAC: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision.

WEDNESDAY, APRIL 1, 2009

4399

State General Funds

$0

84.100 -Detention Centers

Appropriation (HB 119)

The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for

probationers who require more security or supervision than provided by regular community supervision.

TOTAL STATE FUNDS

$32,698,151 $32,514,602 $32,683,903 $33,760,779

State General Funds

$32,698,151 $32,514,602 $32,683,903 $33,760,779

TOTAL FEDERAL FUNDS

$671,975

$671,975

$671,975

$671,975

Federal Funds Not Itemized

$671,975

$671,975

$671,975

$671,975

TOTAL AGENCY FUNDS

$6,019,327

$6,019,327

$6,019,327

$6,019,327

Intergovernmental Transfers

$16,491

$16,491

$16,491

$16,491

Intergovernmental Transfers Not Itemized

$16,491

$16,491

$16,491

$16,491

Sales and Services

$6,002,836

$6,002,836

$6,002,836

$6,002,836

Sales and Services Not Itemized

$6,002,836

$6,002,836

$6,002,836

$6,002,836

TOTAL PUBLIC FUNDS

$39,389,453 $39,205,904 $39,375,205 $40,452,081

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,017,358 $14,017,358 $2,100,000 $2,100,000
$2,100,000 $16,117,358

$14,017,358 $14,017,358 $2,100,000 $2,100,000 $2,100,000 $16,117,358

$14,017,358 $14,017,358
$2,100,000 $2,100,000 $2,100,000 $16,117,358

$14,017,358 $14,017,358 $2,100,000 $2,100,000
$2,100,000 $16,117,358

85.1 Defer the FY09 cost of living adjustment.

State General Funds

($63,254)

($63,254)

($63,254)

($63,254)

85.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($3,839)

($3,839)

($3,839)

($3,839)

85.3 Defer special adjustments to selected job classes.

State General Funds

($10,407)

($10,407)

($10,407)

($10,407)

85.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($2,686)

($2,686)

($2,686)

($2,686)

85.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

4400

JOURNAL OF THE HOUSE

State General Funds

($153,968)

($180,563)

($156,032)

$0

85.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$56,959

$56,959

$56,959

$56,959

85.7 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair State Prison (SP).

State General Funds

$16,927

$16,927

$16,927

$16,927

85.8 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($385,926)

($385,926)

($385,926)

($385,926)

85.9 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety Training Center to the Tift Academy.

State General Funds

$602,285

$602,285

$602,285

$602,285

85.10 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($2,763)

($2,763)

($2,763)

($2,763)

85.11 Increase funds for two months of operating costs for the fast-track bed expansion at Smith SP and six months of operating costs for the fast-track bed expansion at Valdosta SP.

State General Funds

$34,227

$34,227

$34,227

$34,227

85.12 Increase funds for twelve months operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP.

State General Funds

$63,659

$63,659

$63,659

$63,659

85.13 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP.

State General Funds

($50,782)

85.99 SAC: The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders.

State General Funds

$0

85.100 -Food and Farm Operations

Appropriation (HB 119)

The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS

$14,168,572 $14,141,977 $14,166,508 $14,271,758

State General Funds

$14,168,572 $14,141,977 $14,166,508 $14,271,758

TOTAL AGENCY FUNDS

$2,100,000

$2,100,000

$2,100,000

$2,100,000

Sales and Services

$2,100,000

$2,100,000

$2,100,000

$2,100,000

Sales and Services Not Itemized

$2,100,000

$2,100,000

$2,100,000

$2,100,000

TOTAL PUBLIC FUNDS

$16,268,572 $16,241,977 $16,266,508 $16,371,758

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.

WEDNESDAY, APRIL 1, 2009

4401

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

86.1 Defer the FY09 cost of living adjustment.

State General Funds

($166,174)

($166,174)

($166,174)

($166,174)

86.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($10,085)

($10,085)

($10,085)

($10,085)

86.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($355,948)

($417,431)

($360,720)

$0

86.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$27,996

$27,996

$27,996

$27,996

86.5 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP.

State General Funds

$827,314

$827,314

$827,314

$827,314

86.6 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP.

State General Funds

$1,541,333

$1,541,333

$1,541,333

$1,541,333

86.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($2,142,449) ($2,142,449) ($2,142,449) ($2,142,449)

86.8 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair SP.

State General Funds

$18,390

$18,390

$18,390

$18,390

86.9 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($781,583)

($781,583)

($781,583)

($781,583)

86.10 Increase funds for inmate health care.

State General Funds

$1,300,000

$1,300,000

$1,300,000

86.11 Reduce funds from emergent care due cost savings from HB350 (2009 Session).

State General Funds

($4,600,000) ($4,600,000)

4402

JOURNAL OF THE HOUSE

86.12 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP.

State General Funds

($54,120)

86.99 SAC: The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional system.

State General Funds

$0

86.100 -Health

Appropriation (HB 119)

The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional

system.

TOTAL STATE FUNDS

$217,127,833 $218,366,350 $213,823,061 $214,129,661

State General Funds

$217,127,833 $218,366,350 $213,823,061 $214,129,661

TOTAL AGENCY FUNDS

$8,390,000

$8,390,000

$8,390,000

$8,390,000

Sales and Services

$8,390,000

$8,390,000

$8,390,000

$8,390,000

Sales and Services Not Itemized

$8,390,000

$8,390,000

$8,390,000

$8,390,000

TOTAL PUBLIC FUNDS

$225,517,833 $226,756,350 $222,213,061 $222,519,661

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

87.1 Defer the FY09 cost of living adjustment.

State General Funds

($46,013)

($46,013)

($46,013)

($46,013)

87.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,793)

($2,793)

($2,793)

($2,793)

87.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($114,545)

($134,331)

($116,081)

$0

87.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

WEDNESDAY, APRIL 1, 2009

4403

State General Funds

$123,514

$123,514

$123,514

$123,514

87.5 Reduce funds by reducing the number of Canine Units from thirty-one teams to seventeen teams.

State General Funds

($78,782)

($78,782)

($78,782)

($78,782)

87.6 Eliminate funds and discontinue the Department's participation in two regional fugitive squads.

State General Funds

($543,171)

($543,171)

($543,171)

($543,171)

87.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($180,808)

($180,808)

($180,808)

($180,808)

87.8 Transfer funds to the County Jail Subsidy program as a result of managing bed space at County Correctional Institutions (CCI) at a 95% utilization rate.

State General Funds

($1,400,000) ($1,400,000)

87.99 SAC: The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release and agreements unit, and tactical squads.

State General Funds

$0

87.100 -Offender Management

Appropriation (HB 119)

The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County

Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release

and agreements unit, and tactical squads.

TOTAL STATE FUNDS

$43,770,015 $43,750,229 $42,368,479 $42,484,560

State General Funds

$43,770,015 $43,750,229 $42,368,479 $42,484,560

TOTAL AGENCY FUNDS

$30,000

$30,000

$30,000

$30,000

Sales and Services

$30,000

$30,000

$30,000

$30,000

Sales and Services Not Itemized

$30,000

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$43,800,015 $43,780,229 $42,398,479 $42,514,560

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

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

4404

JOURNAL OF THE HOUSE

88.1 Defer the FY09 cost of living adjustment.

State General Funds

($48,073)

($48,073)

($48,073)

($48,073)

88.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,918)

($2,918)

($2,918)

($2,918)

88.3 Defer special adjustments to selected job classes.

State General Funds

($24,818)

($24,818)

($24,818)

($24,818)

88.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($111,028)

($111,028)

($111,028)

($111,028)

88.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($107,940)

($126,585)

($109,388)

$0

88.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$35,593

$35,593

$35,593

$35,593

88.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($145,561)

($145,561)

($145,561)

($145,561)

88.8 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks.

State General Funds

($18,476)

($18,476)

($18,476)

($18,476)

88.99 SAC: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for parole violators in a secure and supervised setting.

State General Funds

$0

88.100 -Parole Revocation Centers

Appropriation (HB 119)

The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for

parole violators in a secure and supervised setting.

TOTAL STATE FUNDS

$4,235,539

$4,216,894

$4,234,091

$4,343,479

State General Funds

$4,235,539

$4,216,894

$4,234,091

$4,343,479

TOTAL FEDERAL FUNDS

$10,510

$10,510

$10,510

$10,510

Federal Funds Not Itemized

$10,510

$10,510

$10,510

$10,510

TOTAL AGENCY FUNDS

$405,000

$405,000

$405,000

$405,000

Sales and Services

$405,000

$405,000

$405,000

$405,000

Sales and Services Not Itemized

$405,000

$405,000

$405,000

$405,000

TOTAL PUBLIC FUNDS

$4,651,049

$4,632,404

$4,649,601

$4,758,989

WEDNESDAY, APRIL 1, 2009

4405

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

$85,297,250 $85,297,250 $85,297,250

$85,297,250 $85,297,250 $85,297,250

$85,297,250 $85,297,250 $85,297,250

$85,297,250 $85,297,250 $85,297,250

89.1 Increase funds to annualize the 750 private prison bed expansion. (Gov Rev and H:Reduce funds by $10,787,675 to reflect the revised revenue estimate)(S:Increase funds to make provisions for extended ramp-up times)

State General Funds

$11,787,675

$1,000,000

$1,000,000

$7,000,000

89.2 Reduce funds received in HB990 (FY09G) for the Consumer Price Index (CPI) increase. (H:Utilize $1,004,000 of existing private prison expansion funding for CPI reduction and $1,004,000 for the expansion RFP)(S:Utilize $2,080,000 for the expansion RFP)

State General Funds

($2,017,747) ($2,017,747) ($2,017,747) ($2,017,747)

89.99 SAC: The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety.

State General Funds

$0

89.100 -Private Prisons

Appropriation (HB 119)

The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety.

TOTAL STATE FUNDS

$95,067,178 $84,279,503 $84,279,503 $90,279,503

State General Funds

$95,067,178 $84,279,503 $84,279,503 $90,279,503

TOTAL PUBLIC FUNDS

$95,067,178 $84,279,503 $84,279,503 $90,279,503

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

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

90.1 Defer the FY09 cost of living adjustment. State General Funds 90.2 Defer structure adjustments to the statewide salary plan.

($172,258)

($172,258)

($172,258)

($172,258)

4406

JOURNAL OF THE HOUSE

State General Funds

($10,455)

($10,455)

($10,455)

($10,455)

90.3 Defer the special adjustments to selected job classes.

State General Funds

($47,634)

($47,634)

($47,634)

($47,634)

90.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($61,334)

($61,334)

($61,334)

($61,334)

90.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($224,292)

$0

($224,292)

$0

90.6 Eliminate funds and close the remaining four Probation Diversion Centers (DC).

State General Funds Royalties and Rents Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($3,158,730) ($2,751,287)
($353,716) ($6,263,733)

($3,158,730) ($2,751,287)
($353,716) ($6,263,733)

($3,158,730) ($2,751,287)
($353,716) ($6,263,733)

($3,158,730) ($2,751,287)
($353,716) ($6,263,733)

90.7 Transfer funds to the Probation Supervision program to open six new Day Reporting Centers (DRC) and annualize the costs for Gainesville DRC, Atlanta DRC, and Waycross DRC.

State General Funds

($3,875,323) ($3,875,323) ($3,875,323) ($3,875,323)

90.8 Transfer funds to the Transitional Centers program due to the remissioning of the Clayton DC to a Transitional Center.

State General Funds

($78,764)

($78,764)

($78,764)

($78,764)

90.9 Eliminate remaining funds.

State General Funds

($224,292)

90.100 -Probation Diversion Centers

Appropriation (HB 119)

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

$224,292

State General Funds

$224,292

TOTAL PUBLIC FUNDS

$224,292

Probation Supervision The purpose of this appropriation is to supervise probationers.
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

Continuation Budget

$86,521,774 $86,521,774
$60,032

$86,521,774 $86,521,774
$60,032

$86,521,774 $86,521,774
$60,032

$86,521,774 $86,521,774
$60,032

WEDNESDAY, APRIL 1, 2009

4407

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$60,032 $159,114 $159,114 $159,114 $86,740,920

$60,032 $159,114 $159,114 $159,114 $86,740,920

$60,032 $159,114 $159,114 $159,114 $86,740,920

$60,032 $159,114 $159,114 $159,114 $86,740,920

91.1 Defer the FY09 cost of living adjustment.

State General Funds

($836,830)

($836,830)

($836,830)

($836,830)

91.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($50,788)

($50,788)

($50,788)

($50,788)

91.3 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($448)

($448)

($448)

($448)

91.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,078,610) ($2,700,685) ($2,109,487)

$0

91.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,159,472

$1,159,472

$1,159,472

$1,159,472

91.6 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($2,282,301) ($2,282,301) ($2,282,301) ($2,282,301)

91.7 Transfer funds from the Probation Diversion Centers program to open six new Day Reporting Centers (DRC) and annualize the costs of Gainesville DRC, Atlanta DRC, and Waycross DRC.

State General Funds

$3,875,323

$3,875,323

$3,875,323

$3,875,323

91.8 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks.

State General Funds

($4,859)

($4,859)

($4,859)

($4,859)

91.9 Reduce funds designated for vehicle purchases.

State General Funds

($25,426)

($25,426)

($25,426)

($25,426)

91.10 Replace funds to reflect the collection of a new Day Reporting Center supervision fee.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($675,000) $1,485,150
$810,150

($675,000) $1,485,150
$810,150

($675,000) $1,485,150
$810,150

($1,485,150) $1,485,150
$0

4408

JOURNAL OF THE HOUSE

91.99 SAC: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence.

State General Funds

$0

91.100 -Probation Supervision

Appropriation (HB 119)

The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and

field supervision, as well as support the Georgia Commission on Family Violence.

TOTAL STATE FUNDS

$85,602,307 $84,980,232 $85,571,430 $86,870,767

State General Funds

$85,602,307 $84,980,232 $85,571,430 $86,870,767

TOTAL FEDERAL FUNDS

$60,032

$60,032

$60,032

$60,032

Federal Funds Not Itemized

$60,032

$60,032

$60,032

$60,032

TOTAL AGENCY FUNDS

$1,644,264

$1,644,264

$1,644,264

$1,644,264

Sales and Services

$1,644,264

$1,644,264

$1,644,264

$1,644,264

Sales and Services Not Itemized

$1,644,264

$1,644,264

$1,644,264

$1,644,264

TOTAL PUBLIC FUNDS

$87,306,603 $86,684,528 $87,275,726 $88,575,063

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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637

92.1 Defer the FY09 cost of living adjustment. State General Funds 92.2 Defer structure adjustments to the statewide salary plan. State General Funds

($5,281,438) ($5,281,438) ($5,281,438) ($5,281,438)

($320,537)

($320,537)

($320,537)

($320,537)

WEDNESDAY, APRIL 1, 2009

4409

92.3 Defer special adjustments to selected job classes.

State General Funds

($2,673,526) ($2,673,526) ($2,673,526) ($2,673,526)

92.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($3,657,640) ($3,657,640) ($3,657,640) ($3,657,640)

92.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($12,863,936) ($15,085,940) ($13,036,415)

$0

92.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,007,652

$3,007,652

$3,007,652

$3,007,652

92.7 Reduce funds from Academic Education.

State General Funds

($331,320)

($331,320)

($331,320)

($331,320)

92.8 Reduce funds from Vocational Education.

State General Funds

($116,751)

($116,751)

($116,751)

($116,751)

92.9 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP.

State General Funds

$1,534,831

$1,534,831

$1,534,831

$1,534,831

92.10 Reduce funds and close Homerville SP, Rivers SP, Milan SP, Wayne SP, West Georgia Boot Camp, and Pelham Pre-Release Center.

State General Funds

($24,555,581) ($24,555,581) ($24,555,581) ($24,555,581)

92.11 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP.

State General Funds

$2,137,402

$2,137,402

$2,137,402

$2,137,402

92.12 Transfer funds from the Detention Center program due to the remissioning of the West Central Probation Detention Center to a Pre-Release Center.

State General Funds

$2,613,787

$2,613,787

$2,613,787

$2,613,787

92.13 Reduce funds from fire services and eliminate seven central staff positions.

State General Funds

($615,438)

($615,438)

($615,438)

$0

92.14 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair SP.

State General Funds

$812,970

$812,970

$812,970

$812,970

92.15 Reduce funds and the number of Canine Units from thirty-one teams to seventeen teams.

State General Funds

($450,984)

($450,984)

($450,984)

($450,984)

92.16 Reduce funds by limiting the use of security overtime.

State General Funds

($4,342,733) ($4,342,733) ($4,342,733) ($4,342,733)

4410

JOURNAL OF THE HOUSE

92.17 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($15,623,852) ($15,623,852) ($15,623,852) ($15,623,852)

92.18 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety Training Center to the Tift Academy.

State General Funds

$1,337,363

$1,337,363

$1,337,363

$1,337,363

92.19 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks.

State General Funds

($593,283)

($593,283)

($593,283)

($593,283)

92.20 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($97,234,674) $97,234,674
$0

($97,234,674) $97,234,674
$0

($97,234,674) $97,234,674
$0

92.21 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP.

State General Funds

($2,055,273)

92.99

SAC: The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society through the use of Pre-Release Centers; and to provide fire services and work details to the Department, state agencies, and local communities.

State General Funds

$0

92.100 -State Prisons

Appropriation (HB 119)

The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment

for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the

reentry of these offenders back into society through the use of Pre-Release Centers; and to provide fire services and work details to the Department, state

agencies, and local communities.

TOTAL STATE FUNDS

$493,766,686 $394,310,008 $396,359,533 $407,956,113

State General Funds

$493,766,686 $394,310,008 $396,359,533 $407,956,113

TOTAL FEDERAL FUNDS

$2,664,127 $99,898,801 $99,898,801 $99,898,801

American Recovery and Reinvestment Act of 2009

$97,234,674 $97,234,674 $97,234,674

Federal Funds Not Itemized

$2,664,127

$2,664,127

$2,664,127

$2,664,127

TOTAL AGENCY FUNDS

$20,972,614 $20,972,614 $20,972,614 $20,972,614

Intergovernmental Transfers

$9,583,011

$9,583,011

$9,583,011

$9,583,011

Intergovernmental Transfers Not Itemized

$9,583,011

$9,583,011

$9,583,011

$9,583,011

Royalties and Rents

$655,104

$655,104

$655,104

$655,104

Royalties and Rents Not Itemized

$655,104

$655,104

$655,104

$655,104

Sales and Services

$10,734,499 $10,734,499 $10,734,499 $10,734,499

Sales and Services Not Itemized

$10,734,499 $10,734,499 $10,734,499 $10,734,499

WEDNESDAY, APRIL 1, 2009

4411

TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$725,196 $725,196 $725,196 $518,128,623

$725,196 $725,196 $725,196 $515,906,619

$725,196 $725,196 $725,196 $517,956,144

$725,196 $725,196 $725,196 $529,552,724

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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

93.1 Defer the FY09 cost of living adjustment.

State General Funds

($249,618)

($249,618)

($249,618)

($249,618)

93.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($15,149)

($15,149)

($15,149)

($15,149)

93.3 Defer special adjustments to selected job classes.

State General Funds

($99,272)

($99,272)

($99,272)

($99,272)

93.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($162,512)

($162,512)

($162,512)

($162,512)

93.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($705,556)

($827,428)

($715,016)

$0

93.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$200,214

$200,214

$200,214

$200,214

93.7 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($1,644,473) ($1,644,473) ($1,644,473) ($1,644,473)

93.8 Transfer funds from the Detention Centers program due to the remissioning of the Emanuel Probation Detention Center (PDC) to a Transitional Center.

State General Funds

$2,314,792

$2,314,792

$2,314,792

$2,314,792

4412

JOURNAL OF THE HOUSE

93.9 Transfer funds from the Probation Diversion Centers program due to the remissioning of the Clayton Diversion Center to a Transitional Center.

State General Funds

$78,764

$78,764

$78,764

$78,764

93.10 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($847,203)

($847,203)

($847,203)

($847,203)

93.99 SAC: The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center.

State General Funds

$0

93.100 -Transitional Centers

Appropriation (HB 119)

The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving

housing, academic education, counseling, and substance abuse treatment in a structured center.

TOTAL STATE FUNDS

$27,300,007 $27,178,135 $27,290,547 $28,005,563

State General Funds

$27,300,007 $27,178,135 $27,290,547 $28,005,563

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$231,128

$231,128

$231,128

$231,128

Agency Funds Transfers

$231,128

$231,128

$231,128

$231,128

Agency Fund Transfers Not Itemized

$231,128

$231,128

$231,128

$231,128

TOTAL PUBLIC FUNDS

$27,531,135 $27,409,263 $27,521,675 $28,236,691

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

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $40,845,683

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $40,845,683

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $40,845,683

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $40,845,683

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances

Section Total - Final

$9,852,681

$9,707,592

$9,852,681

$9,707,592

$27,693,338 $27,693,338

$27,693,338 $27,693,338

$816,341

$816,341

$2,500

$2,500

$9,745,300 $9,745,300 $27,693,338 $27,693,338
$816,341 $2,500

$10,693,740 $10,693,740 $28,312,701 $28,312,701
$816,341 $2,500

WEDNESDAY, APRIL 1, 2009

4413

Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS

$400 $151,022 $662,419 $38,362,360

$400 $151,022 $662,419 $38,217,271

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

$1,326,490 $1,326,490
$409,445 $409,445 $1,735,935

$1,326,490 $1,326,490
$409,445 $409,445 $1,735,935

$400 $151,022 $662,419 $38,254,979
$1,326,490 $1,326,490
$409,445 $409,445 $1,735,935

$400 $151,022 $662,419 $39,822,782
$1,326,490 $1,326,490
$409,445 $409,445 $1,735,935

94.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,246)

($11,246)

($11,246)

($11,246)

94.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,684)

($2,684)

($2,684)

($2,684)

94.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($28,886)

($34,473)

($29,790)

$0

94.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$299

$299

$299

$299

94.5 Reduce funds and limit travel to out-of-state conferences and meetings.

State General Funds

($4,000)

($4,000)

($4,000)

($4,000)

94.6 Transfer funds to the Military Readiness program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion.

State General Funds

($66,000)

($66,000)

($66,000)

($66,000)

94.7 Eliminate funds for the Recruiting Incentive Bonus Program and bonus payments of $150 per recruit to any guardsman that successfully influences an individual to join the Georgia National Guard.

State General Funds

($55,000)

($55,000)

($55,000)

($55,000)

94.8 Reduce funds and defer filling vacancies.

State General Funds

($58,300)

($58,300)

($58,300)

($58,300)

4414

JOURNAL OF THE HOUSE

94.100 -Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS

$1,100,673

$1,095,086

State General Funds

$1,100,673

$1,095,086

TOTAL FEDERAL FUNDS

$409,445

$409,445

Federal Funds Not Itemized

$409,445

$409,445

TOTAL PUBLIC FUNDS

$1,510,118

$1,504,531

$1,099,769 $1,099,769
$409,445 $409,445 $1,509,214

$1,129,559 $1,129,559
$409,445 $409,445 $1,539,004

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

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

95.1 Defer the FY09 cost of living adjustment.

State General Funds

($45,218)

($45,218)

($45,218)

($45,218)

95.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($10,794)

($10,794)

($10,794)

($10,794)

95.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($89,066)

($106,294)

($91,853)

$0

95.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$683

$683

$683

$683

WEDNESDAY, APRIL 1, 2009

4415

95.5 Reduce funds and defer filling vacancies.

State General Funds

($252,130)

($252,130)

($252,130)

($252,130)

95.6 Reduce funds from operations.

State General Funds

($8,231)

($8,231)

($8,231)

($8,231)

95.7 Reduce funds and limit travel to out-of-state conferences and meetings.

State General Funds

($3,000)

($3,000)

($3,000)

($3,000)

95.8 Transfer funds from the Departmental Administration program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion.

State General Funds

$66,000

$66,000

$66,000

$66,000

95.9 Reduce funds for the "Georgia Guardsman" and "Airlift Chronicle" by utilizing alternative means of publication.

State General Funds

($26,000)

($26,000)

($26,000)

($26,000)

95.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($98,527)

($98,527)

($98,527)

95.11 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($1,321)

($1,321)

95.99 SAC: The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster.

State General Funds

$0

95.100 -Military Readiness

Appropriation (HB 119)

The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be

activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster.

TOTAL STATE FUNDS

$4,684,847

$4,569,092

$4,582,212

$4,674,065

State General Funds

$4,684,847

$4,569,092

$4,582,212

$4,674,065

TOTAL FEDERAL FUNDS

$20,100,133 $20,100,133 $20,100,133 $20,100,133

Federal Funds Not Itemized

$20,100,133 $20,100,133 $20,100,133 $20,100,133

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

4416

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$662,419 $25,601,321

$662,419 $25,485,566

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

$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

$662,419 $25,498,686
$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

$662,419 $25,590,539
$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

96.1 Defer the FY09 cost of living adjustment.

State General Funds

($38,349)

($38,349)

($38,349)

($38,349)

96.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($9,153)

($9,153)

($9,153)

($9,153)

96.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($122,768)

($146,515)

($126,610)

$0

96.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$70

$70

$70

$70

96.5 Reduce funds received in HB990 (FY09G) for STARBASE of Savannah.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

96.6 Reduce funds from the Youth Challenge Academies by eliminating one platoon of fifty students per class cycle at each academy.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($700,187)

($700,187)

($700,187)

$0

($619,363)

($619,363)

($619,363)

$0

($1,319,550) ($1,319,550) ($1,319,550)

$0

96.99 SAC: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4417

96.100 -Youth Educational Services

Appropriation (HB 119)

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase

programs.

TOTAL STATE FUNDS

$4,067,161

$4,043,414

$4,063,319

$4,890,116

State General Funds

$4,067,161

$4,043,414

$4,063,319

$4,890,116

TOTAL FEDERAL FUNDS

$7,183,760

$7,183,760

$7,183,760

$7,803,123

Federal Funds Not Itemized

$7,183,760

$7,183,760

$7,183,760

$7,803,123

TOTAL PUBLIC FUNDS

$11,250,921 $11,227,174 $11,247,079 $12,693,239

Section 19: Driver Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Continuation

$62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551

$62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551

$62,791,511 $62,791,511
$2,844,040 $2,844,040 $65,635,551

$62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$57,214,939 $56,337,015

$57,214,939 $56,337,015

$2,844,040

$2,844,040

$2,844,040

$2,844,040

$60,058,979 $59,181,055

$58,548,538 $58,548,538 $2,844,040 $2,844,040 $61,392,578

$57,751,761 $57,751,761 $2,844,040 $2,844,040 $60,595,801

Customer Service Support

Continuation Budget

The purpose of this appropriation 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

$9,397,002 $9,397,002
$500,857 $500,857 $500,857 $9,897,859

$9,397,002 $9,397,002
$500,857 $500,857 $500,857 $9,897,859

$9,397,002 $9,397,002
$500,857 $500,857 $500,857 $9,897,859

$9,397,002 $9,397,002
$500,857 $500,857 $500,857 $9,897,859

97.1 Defer the FY09 cost of living adjustment. State General Funds 97.2 Defer structure adjustments to the statewide salary plan. State General Funds

($64,146) ($773)

($64,146) ($773)

($64,146) ($773)

($64,146) ($773)

4418

JOURNAL OF THE HOUSE

97.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($162,902)

($207,324)

($179,158)

$0

97.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$194,045

$194,045

$194,045

$194,045

97.5 Reduce funds from operations.

State General Funds

($55,717)

($55,717)

($55,717)

($55,717)

97.6 Reduce funds due to modifications in service delivery and costs.

State General Funds

($43,362)

($43,362)

($43,362)

($43,362)

97.7 Reduce funds for public service announcements, travel, and recruitment.

State General Funds

($191,599)

($191,599)

($191,599)

($191,599)

97.8 Reduce funds received in HB990 (FY09G) for two positions for the Secure License initiative.

State General Funds

($101,411)

($101,411)

($101,411)

($101,411)

97.9 Reduce funds for data line charges due to efficiencies realized after driver data cleanup.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

97.10 Reduce funds for postage expenses by using electronic receipt of certified mail.

State General Funds

($59,600)

($59,600)

($59,600)

($59,600)

97.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($88,714)

($88,714)

($88,714)

97.12 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($12,359)

($12,359)

97.100 -Customer Service Support

Appropriation (HB 119)

The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS

$8,811,537

$8,678,401

$8,694,208

State General Funds

$8,811,537

$8,678,401

$8,694,208

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

$9,312,394

$9,179,258

$9,195,065

$8,873,366 $8,873,366
$500,857 $500,857 $500,857 $9,374,223

WEDNESDAY, APRIL 1, 2009

4419

License Issuance

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$48,970,925 $48,970,925 $1,827,835 $1,827,835
$1,827,835 $50,798,760

$48,970,925 $48,970,925 $1,827,835 $1,827,835 $1,827,835 $50,798,760

$48,970,925 $48,970,925
$1,827,835 $1,827,835 $1,827,835 $50,798,760

$48,970,925 $48,970,925 $1,827,835 $1,827,835
$1,827,835 $50,798,760

98.1 Defer the FY09 cost of living adjustment.

State General Funds

($357,448)

($357,448)

($357,448)

($357,448)

98.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($4,308)

($4,308)

($4,308)

($4,308)

98.3 Defer salary adjustments for critical jobs.

State General Funds

($332,192)

($332,192)

($332,192)

($332,192)

98.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($907,754) ($1,155,289)

($998,335)

$0

98.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$921,479

$921,479

$921,479

$921,479

98.6 Reduce one-time funds received to reprogram and update the driver license issuance system to accommodate revised business requirements related to the Digitized Licensing System.

State General Funds

($654,950)

($654,950)

($654,950)

($654,950)

98.7 Reduce funds from operations.

State General Funds

($199,499)

($199,499)

($199,499)

($199,499)

98.8 Increase funds for card costs associated with technology, security, and process improvement solutions offered through the new Digitized Licensing System.

State General Funds

$3,853,249

$3,853,249

$3,853,249

$3,853,249

98.9 Reduce funds from the remainder of the Electronic Document Imaging System development contract.

State General Funds

($968,500)

($968,500)

($968,500)

($968,500)

98.10 Reduce funds designated to purchase vehicles.

4420

JOURNAL OF THE HOUSE

State General Funds

($130,000)

($130,000)

($130,000)

($130,000)

98.11 Reduce funds and cease payments to courts for filing traffic citation information electronically due to a potential statute change.

State General Funds

($359,824)

($359,824)

($359,824)

($359,824)

98.12 Reduce funds received in HB95 (FY08G) for the Walton County Customer Service Center by opening the center at a 50% staffing level and holding eleven positions vacant.

State General Funds

($394,495)

($394,495)

($394,495)

($394,495)

98.13 Reduce funds for public service announcements, travel, and recruitment.

State General Funds

($66,055)

($66,055)

($66,055)

($66,055)

98.14 Reduce funds for the printing of driver license manuals through monitored distribution and utilization of online versions.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

98.15 Reduce funds due to modifications in service delivery and costs.

State General Funds

($301,890)

($301,890)

($301,890)

($301,890)

98.16 Reduce funds received in HB990 (FY09G) for twenty-five positions for the Secure License initiative.

State General Funds

($895,308)

($895,308)

($895,308)

($895,308)

98.17 Reduce funds and defer opening the Clayton Customer Service Center and relocating the Toccoa Customer Service Center and eliminate three positions.

State General Funds

($135,842)

($135,842)

($135,842)

($135,842)

98.18 Reduce funds for data line charges due to efficiencies realized after driver data cleanup.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

98.19 Reduce funds by using electronic receipt of certified mail.

State General Funds

($49,600)

($49,600)

($49,600)

($49,600)

98.20 Reduce funds from printing Voter Identification cards.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

98.21 Reduce funds to reflect the revised revenue estimate.

State General Funds

($468,852)

($468,852)

($468,852)

98.99 SAC: The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud.

State General Funds

$0

98.100 -License Issuance

Appropriation (HB 119)

The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to

services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud.

WEDNESDAY, APRIL 1, 2009

4421

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$47,387,988 $47,387,988 $1,827,835 $1,827,835 $1,827,835 $49,215,823

$46,671,601 $46,671,601 $1,827,835 $1,827,835 $1,827,835 $48,499,436

$46,828,555 $46,828,555 $1,827,835 $1,827,835 $1,827,835 $48,656,390

$47,826,890 $47,826,890 $1,827,835 $1,827,835 $1,827,835 $49,654,725

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

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

99.1 Defer the FY09 cost of living adjustment.

State General Funds

($19,954)

($19,954)

($19,954)

($19,954)

99.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($241)

($241)

($241)

($241)

99.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($50,674)

($64,492)

($55,730)

$0

99.4 Reduce funds from the Alcohol and Drug Awareness Program for classroom based instruction and realize savings by offering the program online.

State General Funds

($120,000)

($120,000)

$0

($120,000)

99.5 Reduce funds from operations.

State General Funds

($15,269)

($15,269)

($15,269)

($15,269)

99.6 Reduce funds by eliminating two positions and instituting risk-based auditing for drivers' education and commercial driver licenses third-party testing programs.

State General Funds

($80,000)

($80,000)

($80,000)

($80,000)

99.7 Reduce funds for public service announcements, travel, and recruitment.

State General Funds

($8,500)

($8,500)

($8,500)

($8,500)

4422

JOURNAL OF THE HOUSE

99.8 Reduce funds due to modifications in service delivery and operations costs.

State General Funds

($357,314)

($357,314)

($357,314)

($357,314)

99.9 Reduce and defer funds for the Georgia Driver's Education Commission. (H:Partially restore funds to provide grants - maximum grant allowance of $100,000 - to schools which currently do not have a licensed Driver's Education program, and have never received a Georgia Driver's Education Commission grant)

State General Funds

($2,756,218) ($2,756,218)

($846,218) ($2,756,218)

99.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($14,583)

($14,583)

($14,583)

99.99 SAC: The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify ignition interlock device providers.

State General Funds

$0

99.100 -Regulatory Compliance

Appropriation (HB 119)

The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education

curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify

ignition interlock device providers.

TOTAL STATE FUNDS

$1,015,414

$987,013

$3,025,775

$1,051,505

State General Funds

$1,015,414

$987,013

$3,025,775

$1,051,505

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

$1,530,762

$1,502,361

$3,541,123

$1,566,853

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

$341,592,254 $4,574,106
$337,018,148 $124,640,740
$22,136,870 $102,503,870
$55,000 $55,000 $466,287,994

$341,592,254 $4,574,106
$337,018,148 $124,640,740
$22,136,870 $102,503,870
$55,000 $55,000 $466,287,994

$341,592,254 $4,574,106
$337,018,148 $124,640,740
$22,136,870 $102,503,870
$55,000 $55,000 $466,287,994

$341,592,254 $4,574,106
$337,018,148 $124,640,740
$22,136,870 $102,503,870
$55,000 $55,000 $466,287,994

Section Total - Final

WEDNESDAY, APRIL 1, 2009

4423

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

$353,561,005 $3,858,459
$349,702,546 $124,640,740 $22,136,870 $102,503,870
$55,000 $55,000 $478,256,745

$353,493,923 $3,791,377
$349,702,546 $124,640,740 $22,136,870 $102,503,870
$55,000 $55,000 $478,189,663

$353,513,261 $3,810,715
$349,702,546 $124,640,740 $22,136,870 $102,503,870
$55,000 $55,000 $478,209,001

$351,767,483 $3,944,272
$347,823,211 $134,640,740 $32,136,870 $102,503,870
$55,000 $55,000 $486,463,223

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

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

100.1 Defer the FY09 cost of living adjustment.

State General Funds

($51,314)

($51,314)

($51,314)

($51,314)

100.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,993)

($2,993)

($2,993)

($2,993)

100.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($126,057)

($154,554)

($133,557)

$0

100.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($54,629)

($54,629)

($54,629)

($54,629)

100.5 Reduce funds from operations.

State General Funds

($281,869)

($281,869)

($281,869)

($281,869)

100.6 Reduce funds by closing the regional office in Martinez, Georgia.

4424

JOURNAL OF THE HOUSE

State General Funds

($108,738)

($108,738)

($108,738)

($108,738)

100.7 Reduce funds from personnel.

State General Funds

($90,047)

($90,047)

($90,047)

($90,047)

100.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($38,585)

($38,585)

($38,585)

100.9 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($1,659)

($1,659)

100.99 SAC: The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to provide inclusion services for children with disabilities.

State General Funds

$0

100.100-Child Care Services

Appropriation (HB 119)

The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to

provide inclusion services for children with disabilities.

TOTAL STATE FUNDS

$3,858,459

$3,791,377

$3,810,715

$3,944,272

State General Funds

$3,858,459

$3,791,377

$3,810,715

$3,944,272

TOTAL FEDERAL FUNDS

$4,022,917

$4,022,917

$4,022,917

$4,022,917

Child Care & Development Block Grant CFDA93.575

$4,022,917

$4,022,917

$4,022,917

$4,022,917

TOTAL AGENCY FUNDS

$55,000

$55,000

$55,000

$55,000

Sales and Services

$55,000

$55,000

$55,000

$55,000

Sales and Services Not Itemized

$55,000

$55,000

$55,000

$55,000

TOTAL PUBLIC FUNDS

$7,936,376

$7,869,294

$7,888,632

$8,022,189

Nutrition

Continuation Budget

The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0

$0

$102,000,000 $102,000,000 $102,000,000

$102,000,000 $102,000,000 $102,000,000

$0
$102,000,000 $102,000,000 $102,000,000

$0 $0 $102,000,000 $102,000,000 $102,000,000

101.99 SAC: The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4425

101.100 -Nutrition

Appropriation (HB 119)

The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth

during the summer.

TOTAL FEDERAL FUNDS

$102,000,000 $102,000,000 $102,000,000 $102,000,000

Federal Funds Not Itemized

$102,000,000 $102,000,000 $102,000,000 $102,000,000

TOTAL PUBLIC FUNDS

$102,000,000 $102,000,000 $102,000,000 $102,000,000

Pre-Kindergarten Program

Continuation Budget

The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and private

providers throughout the state.

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

102.1 Defer the FY09 cost of living adjustment.

Lottery Proceeds

($34,650)

($34,650)

($34,650)

($34,650)

102.2 Increase funds for 3,000 additional Pre-K slots, bringing total enrollment to 82,000. (H:Provide for additional start-up funds for turnover classes)(S:Increase funds for 2,500 additional slots)

Lottery Proceeds

$12,469,667 $12,469,667 $12,835,888 $10,696,593

102.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

Lottery Proceeds

$249,381

$249,381

$335,457

$335,457

102.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan.

Lottery Proceeds

($452,297)

$0

102.5 Reduce funds from operations.

Lottery Proceeds

($192,337)

102.99 SAC: The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds.

State General Funds

$0

4426

JOURNAL OF THE HOUSE

102.100-Pre-Kindergarten Program

Appropriation (HB 119)

The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and

private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds.

TOTAL STATE FUNDS

$349,702,546 $349,702,546 $349,702,546 $347,823,211

Lottery Proceeds

$349,702,546 $349,702,546 $349,702,546 $347,823,211

TOTAL FEDERAL FUNDS

$617,823

$617,823

$617,823

$617,823

Child Care & Development Block Grant CFDA93.575

$113,953

$113,953

$113,953

$113,953

Federal Funds Not Itemized

$503,870

$503,870

$503,870

$503,870

TOTAL PUBLIC FUNDS

$350,320,369 $350,320,369 $350,320,369 $348,441,034

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 State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS

$0
$18,000,000 $18,000,000 $18,000,000

$0
$18,000,000 $18,000,000 $18,000,000

$0
$18,000,000 $18,000,000 $18,000,000

$0 $0 $18,000,000 $18,000,000 $18,000,000

103.1 Increase funds.

Child Care & Development Block Grant CFDA93.575

$10,000,000

103.99 SAC: The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child care, and nutrition for Georgia's children and families.

State General Funds

$0

103.100-Quality Initiatives

Appropriation (HB 119)

The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child

care, and nutrition for Georgia's children and families.

TOTAL FEDERAL FUNDS

$18,000,000 $18,000,000 $18,000,000 $28,000,000

Child Care & Development Block Grant CFDA93.575

$18,000,000 $18,000,000 $18,000,000 $28,000,000

TOTAL PUBLIC FUNDS

$18,000,000 $18,000,000 $18,000,000 $28,000,000

Section 21: Economic Development, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS

Section Total - Continuation

$39,581,672 $39,581,672
$20,244

$39,581,672 $39,581,672
$20,244

$39,581,672 $39,581,672
$20,244

$39,581,672 $39,581,672
$20,244

WEDNESDAY, APRIL 1, 2009

4427

Contributions, Donations, and Forfeitures TOTAL PUBLIC FUNDS

$20,244 $39,601,916

$20,244 $39,601,916

$20,244 $39,601,916

$20,244 $39,601,916

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
TOTAL PUBLIC FUNDS

Section Total - Final

$30,949,077 $30,534,740

$30,949,077 $30,534,740

$20,244

$20,244

$20,244

$20,244

$30,969,321 $30,554,984

$31,106,858 $31,106,858
$20,244 $20,244 $31,127,102

$34,006,415 $34,006,415
$20,244 $20,244 $34,026,659

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

$11,256,519 $11,256,519 $11,256,519

$11,256,519 $11,256,519 $11,256,519

$11,256,519 $11,256,519 $11,256,519

$11,256,519 $11,256,519 $11,256,519

104.1 Defer the FY09 cost of living adjustment.

State General Funds

($75,543)

($75,543)

($75,543)

($75,543)

104.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($154,796)

($184,778)

($159,675)

$0

104.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$11,964

$11,964

$11,964

$11,964

104.4 Reduce funds from domestic and global marketing for advertising purchases, sponsorships, public relations contracts, and website upgrades.

State General Funds

($1,294,456) ($1,294,456) ($1,294,456) ($1,294,456)

104.5 Reduce funds by eliminating one office administrative generalist position and one vacant marketing specialist position.

State General Funds

($117,054)

($117,054)

($117,054)

($117,054)

104.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($142,381)

($296,446)

($296,446)

104.7 Reduce funds by eliminating three regional representative positions.

State General Funds

($260,000)

4428

JOURNAL OF THE HOUSE

104.99 SAC: The purpose of this appropriation is to recruit, retain, and expand businesses in Georgia through a statewide network of regional project managers, foreign and domestic marketing, and participation in Georgia Allies.

State General Funds

$0

104.100-Business Recruitment and Expansion

Appropriation (HB 119)

The purpose of this appropriation is to recruit, retain, and expand businesses in Georgia through a statewide network of regional project managers, foreign and

domestic marketing, and participation in Georgia Allies.

TOTAL STATE FUNDS

$9,626,634

$9,454,271

$9,325,309

$9,224,984

State General Funds

$9,626,634

$9,454,271

$9,325,309

$9,224,984

TOTAL PUBLIC FUNDS

$9,626,634

$9,454,271

$9,325,309

$9,224,984

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

$6,232,628 $6,232,628 $6,232,628

$6,232,628 $6,232,628 $6,232,628

$6,232,628 $6,232,628 $6,232,628

$6,232,628 $6,232,628 $6,232,628

105.1 Defer the FY09 cost of living adjustment.

State General Funds

($43,533)

($43,533)

($43,533)

($43,533)

105.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($962)

($962)

($962)

($962)

105.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($125,871)

($150,334)

($129,910)

$0

105.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$20,633

$20,633

$20,633

$20,633

105.5 Reduce funds for technology upgrades and the contract to clean fleet vehicles monthly.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

105.6 Reduce funds by eliminating one vacant graphics specialist, one vacant programmer position, one vacant executive director position, one vacant administrative position, and one vacant systems administrator position.

State General Funds

($373,000)

($373,000)

($373,000)

($373,000)

WEDNESDAY, APRIL 1, 2009

4429

105.7 Reduce funds received in HB85 (FY06G) for the Georgia Shrimp Association.

State General Funds

($100,000)

105.8 Reduce funds received in HB85 (FY06G) for the branding campaign.

State General Funds

($500,000)

105.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

105.10 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($100,000) ($500,000)
($74,468)

($100,000) ($500,000)
$0 ($2,199)

($100,000) ($500,000)
$0 ($2,199)

105.100-Departmental Administration

Appropriation (HB 119)

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

$5,034,895

$4,935,964

$5,028,657

$5,158,567

State General Funds

$5,034,895

$4,935,964

$5,028,657

$5,158,567

TOTAL PUBLIC FUNDS

$5,034,895

$4,935,964

$5,028,657

$5,158,567

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

$1,197,025 $1,197,025 $1,197,025

$1,197,025 $1,197,025 $1,197,025

$1,197,025 $1,197,025 $1,197,025

$1,197,025 $1,197,025 $1,197,025

106.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,345)

($6,345)

($6,345)

($6,345)

106.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($17,398)

($20,768)

($17,947)

$0

106.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$359

$359

$359

$359

106.4 Reduce funds received in HB85 (FY06G) for expanded recorded music industry promotions, additional film industry advertising, and entertainment technology marketing.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

4430

JOURNAL OF THE HOUSE

106.5 Reduce funds from advertising purchases, sponsorships, marketing events, and other promotional initiatives.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

106.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,436)

$0

($48,735)

106.99 SAC: The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state.

State General Funds

$0

106.100-Film, Video, and Music

Appropriation (HB 119)

The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural

resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state.

TOTAL STATE FUNDS

$1,043,641

$1,024,835

$1,043,092

$1,012,304

State General Funds

$1,043,641

$1,024,835

$1,043,092

$1,012,304

TOTAL PUBLIC FUNDS

$1,043,641

$1,024,835

$1,043,092

$1,012,304

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

$1,932,504 $1,932,504 $1,932,504

$1,932,504 $1,932,504 $1,932,504

$1,932,504 $1,932,504 $1,932,504

$1,932,504 $1,932,504 $1,932,504

107.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,191)

($6,191)

($6,191)

($6,191)

107.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($16,434)

($19,617)

($16,952)

$0

107.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$932

$932

$932

$932

107.4 Reduce funds from personnel.

State General Funds

($52,217)

($52,217)

($52,217)

($52,217)

107.5 Reduce funds from marketing for the Georgia Electronic Design Center.

State General Funds

($150,000)

($150,000)

($150,000)

($150,000)

WEDNESDAY, APRIL 1, 2009

4431

107.6 Reduce one-time funds received in HB990 (FY09G) for the Herty Advanced Materials Development Center.

State General Funds

($200,000)

($200,000)

($200,000)

($100,000)

107.7 Transfer funds to the Department of Community Affairs for Appalachian Community Enterprise contracts for micro-enterprise loans.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

107.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($21,203)

$0

$0

107.99 SAC: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies.

State General Funds

$0

107.100-Innovation and Technology

Appropriation (HB 119)

The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the

Centers of Innovation, research universities, incubators, and other companies.

TOTAL STATE FUNDS

$1,433,594

$1,409,208

$1,433,076

$1,550,028

State General Funds

$1,433,594

$1,409,208

$1,433,076

$1,550,028

TOTAL PUBLIC FUNDS

$1,433,594

$1,409,208

$1,433,076

$1,550,028

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

$2,440,966 $2,440,966 $2,440,966

$2,440,966 $2,440,966 $2,440,966

$2,440,966 $2,440,966 $2,440,966

$2,440,966 $2,440,966 $2,440,966

108.1 Defer the FY09 cost of living adjustment.

State General Funds

($10,697)

($10,697)

($10,697)

($10,697)

108.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($28,385)

($33,883)

($29,280)

$0

108.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,152

$2,152

$2,152

$2,152

108.4 Reduce funds by eliminating one vacant business operations position.

4432

JOURNAL OF THE HOUSE

State General Funds

($55,420)

($55,420)

($55,420)

($55,420)

108.5 Reduce funds received in HB85 (FY06G) for international industry marketing. (H:Partially restore funds for marketing)

State General Funds

($200,000)

($200,000)

($100,000)

($200,000)

108.6 Reduce funds from marketing for trade show attendance.

State General Funds

($98,430)

($98,430)

($98,430)

($98,430)

108.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($30,323)

$0

$0

108.99 SAC: The purpose of this appropriation is to develop international markets for Georgia products and to attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing technical and educational assistance to businesses.

State General Funds

$0

108.100-International Relations and Trade

Appropriation (HB 119)

The purpose of this appropriation is to develop international markets for Georgia products and to attract international companies to the state through business

and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing technical and educational assistance to businesses.

TOTAL STATE FUNDS

$2,050,186

$2,014,365

$2,149,291

$2,078,571

State General Funds

$2,050,186

$2,014,365

$2,149,291

$2,078,571

TOTAL PUBLIC FUNDS

$2,050,186

$2,014,365

$2,149,291

$2,078,571

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

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

109.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,376)

($8,376)

($8,376)

($8,376)

109.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

WEDNESDAY, APRIL 1, 2009

4433

State General Funds

($22,217)

($26,520)

($22,917)

$0

109.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,291

$1,291

$1,291

$1,291

109.4 Reduce funds by eliminating one vacant business operations position.

State General Funds

($75,309)

($75,309)

($75,309)

($75,309)

109.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($12,635)

$0

$0

109.99 SAC: The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses.

State General Funds

$0

109.100-Small and Minority Business Development

Appropriation (HB 119)

The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business

needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses.

TOTAL STATE FUNDS

$854,293

$837,355

$853,593

$876,510

State General Funds

$854,293

$837,355

$853,593

$876,510

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

$874,537

$857,599

$873,837

$896,754

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

$13,460,178 $13,460,178 $13,460,178

$13,460,178 $13,460,178 $13,460,178

$13,460,178 $13,460,178 $13,460,178

$13,460,178 $13,460,178 $13,460,178

110.1 Defer the FY09 cost of living adjustment.

State General Funds

($46,586)

($46,586)

($46,586)

($46,586)

110.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($125,783)

($150,145)

($129,747)

$0

110.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

4434

JOURNAL OF THE HOUSE

State General Funds

$14,219

$14,219

$14,219

$14,219

110.4 Reduce funds from personnel.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

110.5 Reduce funds from Marketing Co-Op Grant Program, the Tourism Product Development Program, the Techno-Tourism e-Challenge Grant Program, foreign and domestic advertising, conference and trade show attendance, and promotional items. (H:Partially restore funds for general tourism marketing)(S:Provide funds for domestic tourism advertising and dedicate $172,000 to promote tourism opportunities in state parks)

State General Funds

($1,711,120) ($1,711,120) ($1,611,120)

($329,092)

110.6 Reduce funds from the Tourism Foundation. (S:Restore funds for Tourism marketing)

State General Funds

($1,000,000) ($1,000,000) ($1,000,000)

$0

110.7 Reduce funds received in HB95 (FY08G) for the Civil War Trails. (H and S:Partially restore funds for the Civil War Trails in recognition of Sesquicentennial preparations)

State General Funds

($200,000)

($200,000)

($150,000)

($150,000)

110.8 Reduce funds from the Bainbridge welcome center ($98,325), Washington-Wilkes welcome center ($2,500), Statesboro and Woodstock convention and visitor bureaus ($4,000), and local welcome center contracts ($21,426). (S:Restore funds for the Bainbridge welcome center)

State General Funds

($126,251)

($126,251)

($126,251)

($27,926)

110.9 Reduce funds from the Historic Chattahoochee Commission.

State General Funds

($2,500)

($2,500)

($2,500)

($2,500)

110.10 Reduce one-time funds received for the Veteran's Wall of Honor.

State General Funds

($150,000)

($150,000)

($100,000)

($150,000)

110.11 Reduce one-time funds received for education programs for the Warner Robins Air Force Base Museum.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

110.12 Reduce funds from the contract with the Georgia Historical Society. (H:Partially restore funds for the Georgia Historical Society's Civil War Marker restoration project in recognition of Sesquicentennial preparations)(S:Restore funds ($30,000) and transfer funds from the Office of Secretary of State for the Georgia Historical Society ($90,000))

State General Funds

($60,000)

($60,000)

($30,000)

$60,000

110.13 Eliminate funds and two positions from the Sylvania ($139,389) and Plains ($186,407) State Visitor Information Centers (VIC). (S:Reduce funds from the Sylvania VIC ($39,389), partner with technical colleges to offer and operate courses at the center, and realize savings by altering operating hours at VICs to a Thursday to Monday schedule ($100,000))

State General Funds

($325,796)

($325,796)

($325,796)

($139,389)

110.99 SAC: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society, and work with communities to develop and market tourism products in order to attract more tourism to the state.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4435

110.100 -Tourism

Appropriation (HB 119)

The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome

centers, fund the Georgia Historical Society, and work with communities to develop and market tourism products in order to attract more tourism to the state.

TOTAL STATE FUNDS

$9,601,361

$9,576,999

$9,827,397 $12,563,904

State General Funds

$9,601,361

$9,576,999

$9,827,397 $12,563,904

TOTAL PUBLIC FUNDS

$9,601,361

$9,576,999

$9,827,397 $12,563,904

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

111.1 Reduce funds from contracts. (H:Partially restore funds in recognition of Sesquicentennial preparations. Commission is to become self-sufficient)

State General Funds

($50,000)

($50,000)

($25,000)

($25,000)

111.100-Civil War Commission

Appropriation (HB 119)

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

$25,000

$25,000

State General Funds

$25,000

$25,000

TOTAL PUBLIC FUNDS

$25,000

$25,000

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

$50,000 $50,000 $50,000

112.1 Reduce funds from operations. (H:Authority is to become self-sufficient)(S:Reduce funds from operations)

State General Funds

($5,000)

($5,000)

112.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($450)

112.100-Payments to Aviation Hall of Fame

Appropriation (HB 119)

The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame.

($5,000) ($450)

($5,000) ($450)

4436

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$45,000 $45,000 $45,000

$44,550 $44,550 $44,550

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

$414,189 $414,189 $414,189

$414,189 $414,189 $414,189

$44,550 $44,550 $44,550
$414,189 $414,189 $414,189

$44,550 $44,550 $44,550
$414,189 $414,189 $414,189

113.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,901)

113.2 Eliminate three positions and funds from operations. (H and S:Partially restore funds)

State General Funds

($411,288)

($2,901) ($411,288)

($2,901) ($111,288)

113.100-Payments to Georgia Medical Center Authority

Appropriation (HB 119)

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

$300,000 $300,000 $300,000

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

$826,790 $826,790 $826,790

$826,790 $826,790 $826,790

$826,790 $826,790 $826,790

($2,901)
($111,288)
$300,000 $300,000 $300,000
$826,790 $826,790 $826,790

114.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,071)

($7,071)

($7,071)

($7,071)

114.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($12,262)

($20,155)

($17,417)

$0

114.3 Reduce funds from operations. (H:Authority is to become self-sufficient)

State General Funds

($68,246)

($68,246)

($102,369)

($68,246)

WEDNESDAY, APRIL 1, 2009

4437

114.4 Eliminate one-time funds received in HB990 (FY09G) for The Big House and the induction ceremony.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

114.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($6,142)

($6,142)

($6,142)

114.99 SAC: The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame to maintain museum facilities, conserve the collection, and promote music-related tourism statewide through public outreach and special events.

State General Funds

$0

114.100-Payments to Georgia Music Hall of Fame Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame to maintain museum facilities, conserve the collection, and

promote music-related tourism statewide through public outreach and special events.

TOTAL STATE FUNDS

$614,211

$600,176

$568,791

$620,331

State General Funds

$614,211

$600,176

$568,791

$620,331

TOTAL PUBLIC FUNDS

$614,211

$600,176

$568,791

$620,331

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

$651,969 $651,969 $651,969

$651,969 $651,969 $651,969

$651,969 $651,969 $651,969

$651,969 $651,969 $651,969

115.1 Defer the FY09 cost of living adjustment.

State General Funds

($5,715)

($5,715)

($5,715)

($5,715)

115.2 Defer performance based salary adjustments.

State General Funds

$1,755

$1,755

$1,755

$1,755

115.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($10,987)

($12,779)

($11,043)

$0

115.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($2,728)

($2,728)

($2,728)

($2,728)

115.5 Reduce funds from operations. (H:Authority is to become self-sufficient)

State General Funds

($63,032)

($63,032)

($95,553)

($63,032)

4438

JOURNAL OF THE HOUSE

115.6 Reduce one-time funds received in HB95 (FY08G) for operations. State General Funds 115.7 Reduce funds to reflect the revised revenue estimate. State General Funds 115.8 Reduce merit system assessments from $147 to $137 per position. State General Funds

($25,000)

($25,000) ($5,463)

($25,000) ($5,463) ($120)

115.100-Payments to Georgia Sports Hall of Fame Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame.

TOTAL STATE FUNDS

$546,262

$539,007

State General Funds

$546,262

$539,007

TOTAL PUBLIC FUNDS

$546,262

$539,007

$508,102 $508,102 $508,102

Payments to Golf Hall Of Fame Authority

Continuation Budget

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

$110,000 $110,000 $110,000

$110,000 $110,000 $110,000

$110,000 $110,000 $110,000

116.1 Reduce funds from personnel. State General Funds 116.2 Reduce funds from operations. State General Funds 116.3 Reduce funds to reflect the revised revenue estimate. State General Funds 116.4 Eliminate remaining funds. State General Funds

($4,400) ($6,600)

($4,400) ($6,600)
($990)

($4,400) ($6,600)
($990) ($98,010)

116.100-Payments to Golf Hall Of Fame Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame.

TOTAL STATE FUNDS

$99,000

$98,010

State General Funds

$99,000

$98,010

TOTAL PUBLIC FUNDS

$99,000

$98,010

Section 22: Education, Department of

Section Total - Continuation

($25,000) ($5,463) ($120)
$551,666 $551,666 $551,666
$110,000 $110,000 $110,000
($4,400) ($6,600)
($990) ($98,010)

WEDNESDAY, APRIL 1, 2009

4439

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

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991
$18,384,254 $979,240
$9,853,645,621

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991 $18,384,254
$979,240 $9,853,645,621

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991
$18,384,254 $979,240
$9,853,645,621

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240
$9,853,645,621

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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 $7,945,380,351 $7,551,337,074 $7,945,380,351 $7,551,337,074

$1,631,199,767
$1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240
$9,603,428,201

$1,950,375,406 $319,175,639
$1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240
$9,528,560,563

$7,574,738,611 $7,574,738,611
$2,031,199,767 $400,000,000
$1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240
$9,632,786,461

$7,384,880,085 $7,383,107,011
$1,773,074 $1,965,781,645
$334,581,878 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991 $18,384,254
$979,240 $9,377,509,813

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 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 State General Funds
TOTAL PUBLIC FUNDS

$5,244,353 $5,244,353 $5,244,353

$5,244,353 $5,244,353 $5,244,353

$5,244,353 $5,244,353 $5,244,353

$5,244,353 $5,244,353 $5,244,353

117.1 Defer the FY09 cost of living adjustment.

State General Funds

($27,261)

($27,261)

117.2 Eliminate funds for Academic Coaches.

State General Funds

($1,366,710) ($1,366,710)

117.3 Reduce funds by eliminating six science mentor positions and associated operating expenses.

($27,261) ($1,366,710)

($27,261) ($1,366,710)

4440

JOURNAL OF THE HOUSE

State General Funds

($780,502)

($780,502)

($780,502)

($780,502)

117.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$8,978

$8,978

$8,978

$8,978

117.5 Eliminate funds for Mentor Teachers.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

117.98 Transfer all funds and activities for Math and Science Mentors and Teacher Success/CLASS Keys to the School Improvement program. (H:Transfer all funds and activities for Teacher Success/CLASS Keys to the School Improvement program and change program name to Math and Science Mentors)

State General Funds

($2,878,858) ($2,878,858)

($257,500) ($2,878,858)

117.100-Academic Coach Program

Appropriation (HB 119)

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

$2,621,358

State General Funds

$2,621,358

TOTAL PUBLIC FUNDS

$2,621,358

Agricultural Education

Continuation Budget

The purpose of this appropriation is to provide students with competencies to make them aware of the importance of the agricultural industry and develop skills

to prepare them for the world of work.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002 $3,540,002 $12,652,201

118.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$41,071

$41,071

$41,071

$41,071

118.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($79,496)

($32,593)

$0

118.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($269,569)

($169,569)

($169,569)

WEDNESDAY, APRIL 1, 2009

4441

118.4 Reduce funds from Food Processing Plants ($100,000) and utilize remaining funds for Extended Year/Extended Day ($200,000).

State General Funds

($100,000)

($100,000)

118.99 SAC: The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students.

State General Funds

$0

118.100-Agricultural Education

Appropriation (HB 119)

The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and

summer educational and leadership opportunities for students.

TOTAL STATE FUNDS

$9,026,693

$8,677,628

$8,724,531

$8,757,124

State General Funds

$9,026,693

$8,677,628

$8,724,531

$8,757,124

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

$3,540,002

$3,540,002

$3,540,002

$3,540,002

Intergovernmental Transfers

$3,540,002

$3,540,002

$3,540,002

$3,540,002

Intergovernmental Transfers Not Itemized

$3,540,002

$3,540,002

$3,540,002

$3,540,002

TOTAL PUBLIC FUNDS

$12,693,272 $12,344,207 $12,391,110 $12,423,703

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

$41,124,236 $41,124,236 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

$41,124,236 $41,124,236 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

$41,124,236 $41,124,236 $53,696,847 $53,696,847
$7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

$41,124,236 $41,124,236 $53,696,847 $53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

119.1 Defer the FY09 cost of living adjustment. State General Funds

($359,204)

($359,204)

($359,204)

($359,204)

4442

JOURNAL OF THE HOUSE

119.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($75,907)

($75,907)

($75,907)

($75,907)

119.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,148,746) ($1,246,325) ($1,077,003)

$0

119.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$141,575

$141,575

$141,575

$141,575

119.5 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($61,381)

($61,381)

($61,381)

($61,381)

119.6 Reduce funds by eliminating twenty vacant positions and realize savings from other vacancies.

State General Funds

($1,910,869) ($1,910,869) ($1,910,869) ($1,910,869)

119.7 Reduce funds from contracts by 10%. (H:Provide for additional reductions from contracts)

State General Funds

($1,534,456) ($1,534,456) ($3,068,912) ($2,045,941)

119.8 Reduce funds from operations. (H:Provide for additional reductions from operations)

State General Funds

($1,623,764) ($1,623,764) ($2,523,764) ($1,623,764)

119.9 Eliminate funds for Teacher Liability Insurance.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

119.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($360,117)

($360,117)

($360,117)

119.11 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($8,530)

($8,530)

119.99 SAC: The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems, and to provide regulations, guidelines, and training standards on pupil transportation.

State General Funds

$0

119.100-Central Office

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems, and to

provide regulations, guidelines, and training standards on pupil transportation.

TOTAL STATE FUNDS

$34,251,484 $33,793,788 $31,520,124 $34,520,098

State General Funds

$34,251,484 $33,793,788 $31,520,124 $34,520,098

TOTAL FEDERAL FUNDS

$53,696,847 $53,696,847 $53,696,847 $53,696,847

WEDNESDAY, APRIL 1, 2009

4443

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

$53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $95,780,532

$53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $95,322,836

$53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $93,049,172

$53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $96,049,146

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

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

120.1 Reduce one-time funds received in HB990 (FY09G) for start-up expenses for the Charter School Commission.

State General Funds

($260,000)

($260,000)

($120,000)

($120,000)

120.2 Reduce funds from planning grants.

State General Funds

($25,000)

($25,000)

($45,000)

$0

120.3 Eliminate funds for implementation grants.

State General Funds

($625,000)

($625,000)

($500,000)

($625,000)

120.4 Reduce funds from facilities grants.

State General Funds

($245,000)

($245,000)

($245,000)

($245,000)

120.99 SAC: The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities, provided that $700,000 of this appropriation is designated to fund facilities for State Chartered Special Schools.

State General Funds

$0

4444

JOURNAL OF THE HOUSE

120.100-Charter Schools

Appropriation (HB 119)

The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation,

facilities, and operations of those entities, provided that $700,000 of this appropriation is designated to fund facilities for State Chartered Special Schools.

TOTAL STATE FUNDS

$2,325,193

$2,325,193

$2,570,193

$2,490,193

State General Funds

$2,325,193

$2,325,193

$2,570,193

$2,490,193

TOTAL FEDERAL FUNDS

$7,365,691

$7,365,691

$7,365,691

$7,365,691

Federal Funds Not Itemized

$7,365,691

$7,365,691

$7,365,691

$7,365,691

TOTAL PUBLIC FUNDS

$9,690,884

$9,690,884

$9,935,884

$9,855,884

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

$1,320,623 $1,320,623 $1,320,623

$1,320,623 $1,320,623 $1,320,623

$1,320,623 $1,320,623 $1,320,623

$1,320,623 $1,320,623 $1,320,623

121.1 Reduce funds by 10%.

State General Funds

($132,062)

($132,062)

($39,619)

($132,062)

121.99 SAC: The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond.

State General Funds

$0

121.100-Communities in Schools

Appropriation (HB 119)

The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to

partner with other state and national organizations to support student success in school and beyond.

TOTAL STATE FUNDS

$1,188,561

$1,188,561

$1,281,004

$1,188,561

State General Funds

$1,188,561

$1,188,561

$1,281,004

$1,188,561

TOTAL PUBLIC FUNDS

$1,188,561

$1,188,561

$1,281,004

$1,188,561

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

$1,574,833 $1,574,833 $1,574,833

$1,574,833 $1,574,833 $1,574,833

$1,574,833 $1,574,833 $1,574,833

$1,574,833 $1,574,833 $1,574,833

122.1 Reduce funds from operations by 10%. State General Funds

($74,833)

($74,833)

($74,833)

($74,833)

WEDNESDAY, APRIL 1, 2009

4445

122.2 Reduce funds from contracts by 10%.

State General Funds

($121,553)

($121,553)

($121,553)

($121,553)

122.3 Reduce funds from contracts and operations.

State General Funds

($378,447)

$0

122.99 SAC: The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and instructional resources to teachers for implementing this curriculum.

State General Funds

$0

122.100-Curriculum Development

Appropriation (HB 119)

The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and

instructional resources to teachers for implementing this curriculum.

TOTAL STATE FUNDS

$1,378,447

$1,378,447

$1,000,000

$1,378,447

State General Funds

$1,378,447

$1,378,447

$1,000,000

$1,378,447

TOTAL PUBLIC FUNDS

$1,378,447

$1,378,447

$1,000,000

$1,378,447

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

$53,174,636 $53,174,636 $53,174,636

$53,174,636 $53,174,636 $53,174,636

$53,174,636 $53,174,636 $53,174,636

$53,174,636 $53,174,636 $53,174,636

123.1 Reduce funds from Graduation Coaches by providing funds only for middle school graduation coaches who serve in feeder high schools with graduation rates at or below 85% (-$6,060,000), and provide funds for a training and experience adjustment ($2,384,265).

State General Funds

($3,675,735) ($3,675,735) ($3,675,735) ($3,675,735)

123.2 Reduce funds from Graduation Coach training.

State General Funds

($33,000)

($33,000)

($33,000)

($33,000)

123.3 Eliminate start-up funds for the Junior Reserve Officer Training Corps (JROTC).

State General Funds

($240,000)

($240,000)

($240,000)

($240,000)

123.98 Transfer all funds and activities for Graduation Coaches to the Quality Basic Education Program.

State General Funds

($49,225,901) ($49,225,901)

$0 ($49,225,901)

123.99 SAC: The purpose of this appropriation is to provide funds for Graduation Coaches to help improve Georgia's high school graduation rates.

State General Funds

$0

4446

JOURNAL OF THE HOUSE

123.100-Dropout Prevention

Appropriation (HB 119)

The purpose of this appropriation is to provide funds for Graduation Coaches to help improve Georgia's high school graduation rates.

TOTAL STATE FUNDS

$49,225,901

State General Funds

$49,225,901

TOTAL PUBLIC FUNDS

$49,225,901

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 $1,024,026,289 $1,024,026,289 $1,024,026,289

$0 $1,024,026,289 $1,024,026,289 $1,024,026,289

$0 $1,024,026,289 $1,024,026,289 $1,024,026,289

$0 $1,024,026,289 $1,024,026,289 $1,024,026,289

124.100-Federal Programs

Appropriation (HB 119)

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

$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

$384,375 $384,375 $384,375

$384,375 $384,375 $384,375

$384,375 $384,375 $384,375

$384,375 $384,375 $384,375

125.1 Eliminate funds. State General Funds

($384,375)

($384,375)

($384,375)

($384,375)

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 $8,351,576 $8,351,576 $8,351,576

$0 $0 $8,351,576 $8,351,576 $8,351,576

$0 $0 $8,351,576 $8,351,576 $8,351,576

$0 $0 $8,351,576 $8,351,576 $8,351,576

WEDNESDAY, APRIL 1, 2009

4447

126.99 SAC: The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal education laws, and to provide resources to educators and parents of students with disabilities.

State General Funds

$0

126.100-Georgia Learning Resources System

Appropriation (HB 119)

The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal

education laws, and to provide resources to educators and parents of students with disabilities.

TOTAL FEDERAL FUNDS

$8,351,576

$8,351,576

$8,351,576

$8,351,576

Federal Funds Not Itemized

$8,351,576

$8,351,576

$8,351,576

$8,351,576

TOTAL PUBLIC FUNDS

$8,351,576

$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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,123,362 $4,123,362
$722,213 $722,213 $722,213 $4,845,575

$4,123,362 $4,123,362
$722,213 $722,213 $722,213 $4,845,575

$4,123,362 $4,123,362
$722,213 $722,213 $722,213 $4,845,575

$4,123,362 $4,123,362
$722,213 $722,213 $722,213 $4,845,575

127.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$2,094

$2,094

$2,094

$2,094

127.2 Transfer funds from the Information Technology Services program to provide an additional 1,500 courses.

State General Funds

$930,180

$930,180

$0

$0

127.3 Increase funds ($1,135,240) and utilize funds from contracts for administration ($105,000) to provide an additional 2,000 courses.

State General Funds

$1,135,240

$1,135,240

127.99 SAC: The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher.

State General Funds

$0

127.100-Georgia Virtual School

Appropriation (HB 119)

The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access

supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS

$5,055,636

$5,055,636

$5,260,696

$5,260,696

State General Funds

$5,055,636

$5,055,636

$5,260,696

$5,260,696

4448

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$722,213 $722,213 $722,213 $5,777,849

$722,213 $722,213 $722,213 $5,777,849

$722,213 $722,213 $722,213 $5,982,909

$722,213 $722,213 $722,213 $5,982,909

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

$250,000 $250,000 $250,000

$250,000 $250,000 $250,000

$250,000 $250,000 $250,000

$250,000 $250,000 $250,000

128.1 Eliminate funds.

State General Funds

($250,000)

($250,000)

$0

$0

128.99 SAC: The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly among elementary and middle school teachers and students in underserved areas of the state.

State General Funds

$0

128.100-Georgia Youth Science and Technology

Appropriation (HB 119)

The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly

among elementary and middle school teachers and students in underserved areas of the state.

TOTAL STATE FUNDS

$250,000

$250,000

State General Funds

$250,000

$250,000

TOTAL PUBLIC FUNDS

$250,000

$250,000

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,443,893 $1,443,893 $1,443,893

$1,443,893 $1,443,893 $1,443,893

$1,443,893 $1,443,893 $1,443,893

$1,443,893 $1,443,893 $1,443,893

129.1 Defer the FY09 cost of living adjustment. State General Funds 129.2 Reduce funds from contracts. State General Funds

($7,483) ($75,000)

($7,483) ($75,000)

($7,483) $0

($7,483) ($75,000)

WEDNESDAY, APRIL 1, 2009

4449

129.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$1,956

$1,956

$1,956

$1,956

129.4 Reduce funds to reflect the charge of a $250 fee.

State General Funds

($172,000)

129.99 SAC: The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year.

State General Funds

$0

129.100-Governor's Honors Program

Appropriation (HB 119)

The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually

available during the regular school year.

TOTAL STATE FUNDS

$1,363,366

$1,363,366

$1,438,366

$1,191,366

State General Funds

$1,363,366

$1,363,366

$1,438,366

$1,191,366

TOTAL PUBLIC FUNDS

$1,363,366

$1,363,366

$1,438,366

$1,191,366

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

$7,217,319 $7,217,319 $7,217,319

$7,217,319 $7,217,319 $7,217,319

$7,217,319 $7,217,319 $7,217,319

$7,217,319 $7,217,319 $7,217,319

130.1 Transfer funds for Education Technology Training Centers (ETTCs) to the Quality Basic Education program ($2,752,130) and Georgia Virtual School program ($930,180). (S:Eliminate funds and initiate new technology support programs through RESAs and/or technical schools)

State General Funds

($3,682,310) ($3,682,310)

$0 ($3,682,310)

130.2 Reduce funds by 3%.

State General Funds

($110,469)

$0

130.99 SAC: The purpose of this appropriation is to provide internet access for local school systems.

State General Funds

130.100-Information Technology Services

Appropriation (HB 119)

The purpose of this appropriation is to provide internet access for local school systems.

TOTAL STATE FUNDS

$3,535,009

$3,535,009

$7,106,850

State General Funds

$3,535,009

$3,535,009

$7,106,850

TOTAL PUBLIC FUNDS

$3,535,009

$3,535,009

$7,106,850

$0
$3,535,009 $3,535,009 $3,535,009

4450

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

$12,294,628 $12,294,628 $12,294,628

131.1 Eliminate funds. (H:Provide funds based on projected need)(S:As funds are available, limit to 10% of base teacher salary)

State General Funds

($12,294,628) ($12,294,628) $1,450,000 ($5,085,142)

131.99 SAC: The purpose of this appropriation is to provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for National Board Certified teachers.

State General Funds

$0

131.100-National Board Certification

Appropriation (HB 119)

The purpose of this appropriation is to provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for

National Board Certified teachers.

TOTAL STATE FUNDS

$13,744,628

$7,209,486

State General Funds

$13,744,628

$7,209,486

TOTAL PUBLIC FUNDS

$13,744,628

$7,209,486

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

$750,000 $750,000 $750,000

$750,000 $750,000 $750,000

$750,000 $750,000 $750,000

$750,000 $750,000 $750,000

132.1 Eliminate funds.

State General Funds

($750,000)

($750,000)

($250,000)

($750,000)

132.99 SAC: The purpose of this appropriation is to promote students' interest in math and science by offering educational programs and developing and helping schools implement educational technology.

State General Funds

$0

132.100-National Science Center and Foundation

Appropriation (HB 119)

The purpose of this appropriation is to promote students' interest in math and science by offering educational programs and developing and helping schools

implement educational technology.

WEDNESDAY, APRIL 1, 2009

4451

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$500,000 $500,000 $500,000

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

$28,625,373 $28,625,373 $28,625,373

$28,625,373 $28,625,373 $28,625,373

$28,625,373 $28,625,373 $28,625,373

$28,625,373 $28,625,373 $28,625,373

133.1 Reduce funds from Special Education - Low Incidence grants.

State General Funds

($24,802)

($24,802)

($24,802)

($24,802)

133.2 Reduce funds from Migrant Education.

State General Funds

($10,396)

($10,396)

($10,396)

($10,396)

133.3 Reduce funds from Sparsity grants.

State General Funds

($254,098)

($254,098)

($254,098)

($254,098)

133.4 Reduce funds from grants for Residential Treatment Centers.

State General Funds

($120,337)

($120,337)

($120,337)

$0

133.5 Reduce funds from Georgia Special Needs Scholarship grants.

State General Funds

($169,702)

($169,702)

($169,702)

($169,702)

133.6 Increase funds for Special Needs Scholarships.

State General Funds

$5,978,162

$5,978,162

133.98 Transfer all funds and activities for Classroom Supply Cards to the Quality Basic Education program. (H and S:Eliminate funds for the classroom supply cards)

State General Funds

($11,473,726) ($11,473,726) ($11,473,726) ($11,473,726)

133.99 SAC: The purpose of this appropriation is to fund specific initiatives, including: summer remediation, the Georgia Special Needs Scholarships, children in residential education facilities, compensation for high performance principals, grants for migrant education, sparsity, low incidence special education, and one-time projects for local education boards.

State General Funds

$0

4452

JOURNAL OF THE HOUSE

133.100-Non Quality Basic Education Formula Grants

Appropriation (HB 119)

The purpose of this appropriation is to fund specific initiatives, including: summer remediation, the Georgia Special Needs Scholarships, children in residential

education facilities, compensation for high performance principals, grants for migrant education, sparsity, low incidence special education, and one-time

projects for local education boards.

TOTAL STATE FUNDS

$16,572,312 $16,572,312 $22,550,474 $22,670,811

State General Funds

$16,572,312 $16,572,312 $22,550,474 $22,670,811

TOTAL PUBLIC FUNDS

$16,572,312 $16,572,312 $22,550,474 $22,670,811

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

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

134.1 Reduce funds by 3%.

State General Funds

($1,194,697) ($1,194,697)

134.99 SAC: 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 and comply with federal standards.

State General Funds

$0

134.100 -Nutrition

Appropriation (HB 119)

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 and comply with federal standards.

TOTAL STATE FUNDS

$39,823,217 $39,823,217 $38,628,520 $38,628,520

State General Funds

$39,823,217 $39,823,217 $38,628,520 $38,628,520

TOTAL FEDERAL FUNDS

$468,889,537 $468,889,537 $468,889,537 $468,889,537

Federal Funds Not Itemized

$468,889,537 $468,889,537 $468,889,537 $468,889,537

TOTAL PUBLIC FUNDS

$508,712,754 $508,712,754 $507,518,057 $507,518,057

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

$30,358,072 $30,358,072 $30,358,072

$30,358,072 $30,358,072 $30,358,072

$30,358,072 $30,358,072 $30,358,072

$30,358,072 $30,358,072 $30,358,072

WEDNESDAY, APRIL 1, 2009

4453

135.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$146,093

$146,093

$146,093

$146,093

135.2 Reduce funds based on a projected change in full time equivalents.

State General Funds

($470,178)

($470,178)

($729,432)

($729,432)

135.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($247,418)

($101,441)

$0

135.99 SAC: The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed.

State General Funds

$0

135.100-Preschool Handicapped

Appropriation (HB 119)

The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better

prepared to succeed.

TOTAL STATE FUNDS

$30,033,987 $29,786,569 $29,673,292 $29,774,733

State General Funds

$30,033,987 $29,786,569 $29,673,292 $29,774,733

TOTAL PUBLIC FUNDS

$30,033,987 $29,786,569 $29,673,292 $29,774,733

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

$170,943,051 $170,943,051 $170,943,051

$170,943,051 $170,943,051 $170,943,051

$170,943,051 $170,943,051 $170,943,051

$170,943,051 $170,943,051 $170,943,051

136.1 Reduce funds by 3%.

State General Funds

($5,128,292)

136.99 SAC: The purpose of this appropriation is to assist local school systems in their efforts to provide safe and efficient transportation for students to and from school and school related activities.

State General Funds

$0

136.100-Pupil Transportation

Appropriation (HB 119)

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.

4454

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$170,943,051 $170,943,051 $170,943,051

$170,943,051 $170,943,051 $170,943,051

$170,943,051 $170,943,051 $170,943,051

$165,814,759 $165,814,759 $165,814,759

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

$548,529,543 $548,529,543 $548,529,543

$548,529,543 $548,529,543 $548,529,543

$548,529,543 $548,529,543 $548,529,543

$548,529,543 $548,529,543 $548,529,543

137.1 Reduce funds by capping the formula at twelve mills instead of fifteen. (H and S:Reduce funds)

State General Funds

($112,370,956) ($112,370,956) ($112,370,956) ($112,370,956)

137.99 SAC: The purpose of this appropriation is to provide additional financial assistance to local school systems with low property tax digests as measured per mill per full time equivalent.

State General Funds

$0

137.100-Quality Basic Education Equalization

Appropriation (HB 119)

The purpose of this appropriation is to provide additional financial assistance to local school systems with low property tax digests as measured per mill per full

time equivalent.

TOTAL STATE FUNDS

$436,158,587 $436,158,587 $436,158,587 $436,158,587

State General Funds

$436,158,587 $436,158,587 $436,158,587 $436,158,587

TOTAL PUBLIC FUNDS

$436,158,587 $436,158,587 $436,158,587 $436,158,587

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

($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786)

138.1 Increase funds for school systems with declining tax digests.

State General Funds

($6,654,944) ($6,654,944) ($6,654,944)

138.99 SAC: The purpose of this program is to recognize the required local portion of the Quality Basic Education program.

($6,654,944)

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4455

138.100-Quality Basic Education Local Five Mill Share

Appropriation (HB 119)

The purpose of this program is to recognize the required local portion of the Quality Basic Education program.

TOTAL STATE FUNDS

($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730)

State General Funds

($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730)

TOTAL PUBLIC FUNDS

($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730)

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

$8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299

139.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$31,882,010 $31,882,010 $31,882,010 $31,882,010

139.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$28,239,356 $28,239,356 $28,239,356 $28,239,356

139.3 Increase funds to account for an enrollment growth of 0.23% and for training and experience.

State General Funds

$66,459,413 $66,459,413 $66,459,413 $66,459,413

139.4 Reduce funds from Quality Basic Education (QBE) formula funding.

State General Funds

($147,202,564) ($147,202,564) ($147,202,564) ($147,202,564)

139.5 Reduce funds received in HB990 (FY09G) for additional QBE enhancements.

State General Funds

($50,000,000) ($50,000,000) ($50,000,000) ($50,000,000)

139.6 Increase funds for dual enrollment courses. (H:Reduce dual enrollment administration from $161.44 per segment to $88.40 per segment)

State General Funds

$1,390,960

$1,390,960

$761,613

$1,390,960

139.7 Recognize funds from the American Recovery and Reinvestment Act of 2009. (S:Transfer ARRA funds from the Technical College System of Georgia)

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($319,175,639) ($375,000,000) ($334,581,878)

$319,175,639 $400,000,000 $334,581,878

$0 $25,000,000

$0

139.8 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($72,456,845) ($29,707,306)

$0

139.9 Increase funds for charter systems grants.

State General Funds

$1,757,611

$1,757,611

4456

JOURNAL OF THE HOUSE

139.97 Transfer all funds and activities for Graduation Coaches and Classroom Supply Cards from the Dropout Prevention and Non-Quality Basic Education Formula Grants programs. (S:Transfer funds and activities for Graduation Coaches from the Dropout Prevention program)

State General Funds

$60,699,627 $60,699,627

$0 $49,225,901

139.98 Transfer all funds and activities for Education Technology Training Centers (ETTCs) from the Information Technology Services and Regional Education Service Agencies programs.

State General Funds

$15,219,551 $15,219,551

$0

$0

139.99 SAC: The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students 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.

State General Funds

$0

139.100-Quality Basic Education Program

Appropriation (HB 119)

The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students 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

$8,487,523,652 $8,095,891,168 $8,008,025,432 $8,128,006,108

State General Funds

$8,487,523,652 $8,095,891,168 $8,008,025,432 $8,128,006,108

TOTAL FEDERAL FUNDS

$319,175,639 $400,000,000 $334,581,878

American Recovery and Reinvestment Act of 2009

$319,175,639 $400,000,000 $334,581,878

TOTAL PUBLIC FUNDS

$8,487,523,652 $8,415,066,807 $8,408,025,432 $8,462,587,986

Regional Education Service Agencies

Continuation Budget

The purpose of this appropriation is to provide Georgia's 16 Regional Education Service Agencies with shared services to improve the effectiveness of

educational programs and services to local school systems.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$12,408,840 $12,408,840 $12,408,840

$12,408,840 $12,408,840 $12,408,840

$12,408,840 $12,408,840 $12,408,840

$12,408,840 $12,408,840 $12,408,840

140.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$58,581

140.2 Reduce funds by 3%.

State General Funds

140.3 Increase funds to provide additional educational technology training.

Lottery Proceeds

140.98 Transfer all funds and activities to the Quality Basic Education Program.

State General Funds

($12,467,421)

$58,581 ($12,467,421)

$58,581 ($374,022)
$0

$58,581 ($374,022) $1,773,074
$0

WEDNESDAY, APRIL 1, 2009

4457

140.99 SAC: The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services.

State General Funds

$0

140.100-Regional Education Service Agencies

Appropriation (HB 119)

The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving

the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and

other shared services.

TOTAL STATE FUNDS

$12,093,399 $13,866,473

State General Funds

$12,093,399 $12,093,399

Lottery Proceeds

$1,773,074

TOTAL PUBLIC FUNDS

$12,093,399 $13,866,473

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

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

141.1 Defer the FY09 cost of living adjustment.

State General Funds

($140,581)

($140,581)

($140,581)

($140,581)

141.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$26,602

$26,602

$26,602

$26,602

141.3 Reduce funds by eliminating five vacant positions. (H:Provide for additional reductions)(S:Utilize federal funds)

State General Funds

($500,000)

($500,000) ($1,000,000) ($2,000,000)

141.98 Transfer all funds and activities for Math and Science Mentors ($2,621,358) and Teacher Success/CLASS Keys ($257,500) from the Academic Coach program.

State General Funds

$2,878,858

$2,878,858

$257,500

$2,878,858

141.99 SAC: The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low- performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement. The purpose of this appropriation is also to implement statewide direct classroom support for teachers in math

4458

JOURNAL OF THE HOUSE

and science.

State General Funds

$0

141.100-School Improvement

Appropriation (HB 119)

The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low-

performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall

student achievement. The purpose of this appropriation is also to implement statewide direct classroom support for teachers in math and science.

TOTAL STATE FUNDS

$12,456,412 $12,456,412

$9,335,054 $10,956,412

State General Funds

$12,456,412 $12,456,412

$9,335,054 $10,956,412

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

$12,556,412 $12,556,412

$9,435,054 $11,056,412

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

$30,000,000 $30,000,000 $30,000,000

142.1 Eliminate funds. (H and S:Reduce funds by 3%)

State General Funds

($30,000,000) ($30,000,000)

($900,000)

($900,000)

142.99 SAC: The purpose of this appropriation is to provide training, technical assistance, and resources to school nurses who provide health procedures for students at school.

State General Funds

$0

142.100-School Nurses

Appropriation (HB 119)

The purpose of this appropriation is to provide training, technical assistance, and resources to school nurses who provide health procedures for students at

school.

TOTAL STATE FUNDS

$29,100,000 $29,100,000

State General Funds

$29,100,000 $29,100,000

TOTAL PUBLIC FUNDS

$29,100,000 $29,100,000

Severely Emotionally Disturbed

Continuation Budget

The purpose of this appropriation is to provide statewide services to parents and educators of students with disabilities.

WEDNESDAY, APRIL 1, 2009

4459

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

143.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$232,510

$232,510

$232,510

$232,510

143.2 Reduce funds to meet projected need.

State General Funds

($1,957,711) ($1,957,711) ($1,957,711) ($1,957,711)

143.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($611,953)

($250,901)

$0

143.99 SAC: The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families.

State General Funds

$0

143.100-Severely Emotionally Disturbed

Appropriation (HB 119)

The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and

resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families.

TOTAL STATE FUNDS

$69,120,674 $68,508,721 $68,869,773 $69,120,674

State General Funds

$69,120,674 $68,508,721 $68,869,773 $69,120,674

TOTAL FEDERAL FUNDS

$13,359,858 $13,359,858 $13,359,858 $13,359,858

Federal Funds Not Itemized

$13,359,858 $13,359,858 $13,359,858 $13,359,858

TOTAL PUBLIC FUNDS

$82,480,532 $81,868,579 $82,229,631 $82,480,532

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

$257,462,021 $257,462,021 $19,445,076
$19,445,076 $276,907,097

$257,462,021 $257,462,021 $19,445,076
$19,445,076 $276,907,097

$257,462,021 $257,462,021 $19,445,076 $19,445,076 $276,907,097

$257,462,021 $257,462,021 $19,445,076 $19,445,076 $276,907,097

4460

JOURNAL OF THE HOUSE

144.1 Increase funds for the employer contribution for eligible non-certified managers who elect to participate in the Teachers' Retirement System.

State General Funds

$450,000

$450,000

144.2 Reduce funds from health insurance for non-certificated personnel and direct the Department of Community Health to cover this contribution from surpluses in the State Health Benefit Plan.

State General Funds

($248,864,058)

144.99 SAC: The purpose of this appropriation is to provide health insurance to retired teachers and non-certificated personnel and to pass through funding via a contract. These transfers include health insurance for retired teachers and non-certificated personnel, special education services in other state agencies, teacher's retirement, and vocational funding for the post-secondary vocational education agency.

State General Funds

$0

144.100-State Interagency Transfers

Appropriation (HB 119)

The purpose of this appropriation is to provide health insurance to retired teachers and non-certificated personnel and to pass through funding via a contract.

These transfers include health insurance for retired teachers and non-certificated personnel, special education services in other state agencies, teacher's

retirement, and vocational funding for the post-secondary vocational education agency.

TOTAL STATE FUNDS

$257,462,021 $257,462,021 $257,912,021

$9,047,963

State General Funds

$257,462,021 $257,462,021 $257,912,021

$9,047,963

TOTAL FEDERAL FUNDS

$19,445,076 $19,445,076 $19,445,076 $19,445,076

Federal Funds Not Itemized

$19,445,076 $19,445,076 $19,445,076 $19,445,076

TOTAL PUBLIC FUNDS

$276,907,097 $276,907,097 $277,357,097 $28,493,039

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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$23,357,809 $23,357,809 $1,649,199
$716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008

$23,357,809 $23,357,809 $1,649,199
$716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008

$23,357,809 $23,357,809
$1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155
$25,007,008

$23,357,809 $23,357,809 $1,649,199
$716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008

145.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$41,536

$41,536

$41,536

145.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

$41,536

WEDNESDAY, APRIL 1, 2009

4461

State General Funds

$71,967

$71,967

$71,967

$71,967

145.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($177,241)

($72,669)

$0

145.99 SAC: The purpose of this appropriation is to provide funds for the operation of State Schools which serve sensory-impaired and multi-disabled students through residential and day programs which provide a learning environment addressing their academic, vocational, and social development.

State General Funds

$0

145.100-State Schools

Appropriation (HB 119)

The purpose of this appropriation is to provide funds for the operation of State Schools which serve sensory-impaired and multi-disabled students through

residential and day programs which provide a learning environment addressing their academic, vocational, and social development.

TOTAL STATE FUNDS

$23,471,312 $23,294,071 $23,398,643 $23,471,312

State General Funds

$23,471,312 $23,294,071 $23,398,643 $23,471,312

TOTAL AGENCY FUNDS

$1,649,199

$1,649,199

$1,649,199

$1,649,199

Contributions, Donations, and Forfeitures

$716,484

$716,484

$716,484

$716,484

Contributions, Donations, and Forfeitures Not Itemized

$716,484

$716,484

$716,484

$716,484

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

$25,120,511 $24,943,270 $25,047,842 $25,120,511

Technology/Career Education

Continuation Budget

The purpose of this appropriation is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

146.1 Annualize the cost of the FY09 salary adjustment. State General Funds

$41,476

$41,476

$41,476

$41,476

4462

JOURNAL OF THE HOUSE

146.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($63,511)

($26,039)

$0

146.3 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds from operations ($503,909) and from Vocational Supervisors ($350,000))

State General Funds

($503,909)

($503,909)

($853,909)

146.99 SAC: The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year.

State General Funds

$0

146.100-Technology/Career Education

Appropriation (HB 119)

The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the

traditional school day and year.

TOTAL STATE FUNDS

$16,838,448 $16,271,028 $16,308,500 $15,984,539

State General Funds

$16,838,448 $16,271,028 $16,308,500 $15,984,539

TOTAL FEDERAL FUNDS

$22,273,772 $22,273,772 $22,273,772 $22,273,772

Federal Funds Not Itemized

$22,273,772 $22,273,772 $22,273,772 $22,273,772

TOTAL AGENCY FUNDS

$13,004,468 $13,004,468 $13,004,468 $13,004,468

Intergovernmental Transfers

$13,004,468 $13,004,468 $13,004,468 $13,004,468

Intergovernmental Transfers Not Itemized

$13,004,468 $13,004,468 $13,004,468 $13,004,468

TOTAL PUBLIC FUNDS

$52,116,688 $51,549,268 $51,586,740 $51,262,779

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

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

147.1 Reduce funds from State-Mandated Testing. State General Funds 147.2 Reduce funds from SAT Preparation contracts. State General Funds 147.3 Reduce funds from Advanced Placement tests for private schools.

($444,860) ($100,000)

($444,860) ($100,000)

($444,860) ($100,000)

($444,860) ($100,000)

WEDNESDAY, APRIL 1, 2009

4463

State General Funds

($354,075)

($354,075)

147.99 SAC: The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools.

State General Funds

$0

147.100 -Testing

Appropriation (HB 119)

The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local

schools.

TOTAL STATE FUNDS

$22,698,160 $22,698,160 $22,344,085 $22,344,085

State General Funds

$22,698,160 $22,698,160 $22,344,085 $22,344,085

TOTAL FEDERAL FUNDS

$13,664,544 $13,664,544 $13,664,544 $13,664,544

Federal Funds Not Itemized

$13,664,544 $13,664,544 $13,664,544 $13,664,544

TOTAL PUBLIC FUNDS

$36,362,704 $36,362,704 $36,008,629 $36,008,629

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

148.99 SAC: The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an appropriate program for a multi-handicapped student.

State General Funds

$0

148.100-Tuition for Multi-Handicapped

Appropriation (HB 119)

The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an

appropriate program for a multi-handicapped student.

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 $2,707.20. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

4464

JOURNAL OF THE HOUSE

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

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

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

$7,262,430

$7,187,430

$7,262,430

$7,187,430

$3,247,904

$3,247,904

$3,247,904

$3,247,904

$16,027,369 $16,027,369

$16,027,369 $16,027,369

$26,537,703 $26,462,703

$7,187,430 $7,187,430 $3,247,904 $3,247,904 $16,027,369 $16,027,369 $26,462,703

$7,187,430 $7,187,430 $3,247,904 $3,247,904 $16,027,369 $16,027,369 $26,462,703

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 $2,929,619 $2,929,619 $2,929,619 $2,929,619

$0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619

$0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619

$0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619

149.1 Increase funds based on expected expenditures.

Retirement Payments

$634

$634

149.2 Increase funds for the implementation of the Georgia State Employees Pension and Savings Plan (GSEPS).

Sales and Services Not Itemized

$318,285

$318,285

$634 $318,285

$634 $318,285

149.100-Deferred Compensation

Appropriation (HB 119)

The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them

an effective supplement for their retirement planning.

TOTAL AGENCY FUNDS

$3,247,904

$3,247,904

$3,247,904

$3,247,904

Sales and Services

$3,247,904

$3,247,904

$3,247,904

$3,247,904

WEDNESDAY, APRIL 1, 2009

4465

Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$3,247,904 $634 $634 $634
$3,248,538

$3,247,904 $634 $634 $634
$3,248,538

$3,247,904 $634 $634 $634
$3,248,538

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

$1,323,024 $1,323,024 $1,323,024

$1,323,024 $1,323,024 $1,323,024

$1,323,024 $1,323,024 $1,323,024

$3,247,904 $634 $634 $634
$3,248,538
$1,323,024 $1,323,024 $1,323,024

150.1 Increase funds to align with the actuarial total required annual contribution. State General Funds 150.2 Reduce funds to reflect the revised revenue estimate. State General Funds

$110,604

$110,604 ($75,000)

$110,604 ($75,000)

$110,604 ($75,000)

150.100-Georgia Military Pension Fund

Appropriation (HB 119)

The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS

$1,433,628

$1,358,628

$1,358,628

State General Funds

$1,433,628

$1,358,628

$1,358,628

TOTAL PUBLIC FUNDS

$1,433,628

$1,358,628

$1,358,628

$1,358,628 $1,358,628 $1,358,628

Public School Employees Retirement System

Continuation Budget

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

151.100-Public School Employees Retirement System

Appropriation (HB 119)

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

$5,828,802

$5,828,802

$5,828,802

$5,828,802

State General Funds

$5,828,802

$5,828,802

$5,828,802

$5,828,802

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$287,500

$287,500

$287,500

$287,500

4466

JOURNAL OF THE HOUSE

State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$287,500 $287,500 $6,116,302

$287,500 $287,500 $6,116,302

$287,500 $287,500 $6,116,302

$287,500 $287,500 $6,116,302

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.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

152.1 Reduce funds due to the completed implementation of the Georgia State Employees Pension and Savings Plan (GSEPS).

Retirement Payments

($17,250)

($17,250)

($17,250)

($17,250)

152.2 Reduce funds due to the completion of the disaster recovery project.

Retirement Payments

($225,000)

($225,000)

($225,000)

($225,000)

152.3 Reduce funds related to the Group Term Life Insurance (GTLI) project. (S:Reduce funds from contracts related to ERS/PSERS lawsuits filed in CY07 and CY08)

Retirement Payments

($1,332,614) ($1,332,614) ($1,332,614) ($1,332,614)

152.100-System Administration

Appropriation (HB 119)

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

$15,739,235 $15,739,235 $15,739,235 $15,739,235

State Funds Transfers

$15,739,235 $15,739,235 $15,739,235 $15,739,235

Retirement Payments

$15,739,235 $15,739,235 $15,739,235 $15,739,235

TOTAL PUBLIC FUNDS

$15,739,235 $15,739,235 $15,739,235 $15,739,235

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 the GSEPS employees, the employer contribution rate shall not exceed 6.54% for the pension portion of the benefit and 3.0% in employer match contributions for the 401(k) portion of the benefit. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $141.46 per member for State Fiscal Year 2010.

WEDNESDAY, APRIL 1, 2009

4467

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

$39,265,053 $39,265,053 $8,610,055 $8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

$39,265,053 $39,265,053 $8,610,055
$8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

$39,265,053 $39,265,053
$8,610,055 $8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

$39,265,053 $39,265,053 $8,610,055
$8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

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

$33,665,662 $32,915,798

$33,665,662 $32,915,798

$8,610,055

$8,610,055

$8,610,055

$8,610,055

$5,626,650

$5,626,650

$125,000

$125,000

$13,000

$13,000

$5,488,650

$5,488,650

$47,902,367 $47,152,503

$33,441,333 $33,441,333 $8,610,055 $8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $47,678,038

$34,600,778 $34,600,778 $8,603,135 $8,603,135 $5,633,570
$125,000 $13,000
$5,495,570 $48,837,483

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

$4,606,407 $4,606,407
$8,872 $8,872 $8,872 $4,615,279

$4,606,407 $4,606,407
$8,872 $8,872 $8,872 $4,615,279

$4,606,407 $4,606,407
$8,872 $8,872 $8,872 $4,615,279

$4,606,407 $4,606,407
$8,872 $8,872 $8,872 $4,615,279

153.1 Defer the FY09 cost of living adjustment.

State General Funds

($31,966)

($31,966)

($31,966)

($31,966)

153.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

4468

JOURNAL OF THE HOUSE

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($82,836)

($133,158)

($115,068)

$0

153.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($174,536)

($174,536)

($174,536)

($174,536)

153.4 Reduce one-time funds received in HB1027 (FY07G) to construct a garage for a Georgia Bureau of Investigation (GBI) bomb truck.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

153.5 Reduce one-time funds received in HB1027 (FY07G) to purchase six fire engines.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

153.6 Reduce funds designated for one training officer position and fund with existing federal funds.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

153.7 Reduce funds and replace with fees retained from existing federal grants to landowners.

State General Funds

($218,711)

($218,711)

($218,711)

($218,711)

153.8 Reduce funds from travel.

State General Funds

($11,906)

($11,906)

($11,906)

($11,906)

153.9 Reduce funds from operations.

State General Funds

($36,812)

($36,812)

($36,812)

($36,812)

153.10 Reduce funds by eliminating a vacant maintenance position at the Macon headquarters.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

153.11 Reduce funds by eliminating various contracts.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

153.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($37,050)

($37,050)

$0

153.13 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($5,507)

($5,507)

153.100-Commission Administration

Appropriation (HB 119)

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

$3,724,640

$3,637,268

$3,649,851

$3,801,969

State General Funds

$3,724,640

$3,637,268

$3,649,851

$3,801,969

TOTAL AGENCY FUNDS

$8,872

$8,872

$8,872

$8,872

Sales and Services

$8,872

$8,872

$8,872

$8,872

WEDNESDAY, APRIL 1, 2009

4469

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$8,872 $3,733,512

$8,872 $3,646,140

$8,872 $3,658,723

$8,872 $3,810,841

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

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

154.1 Defer the FY09 cost of living adjustment.

State General Funds

($30,391)

($30,391)

($30,391)

($30,391)

154.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($116,550)

($180,900)

($156,324)

$0

154.3 Reduce one-time funds received in HB990 (FY09G) to purchase a vehicle for a conservation forester.

State General Funds

($16,000)

($16,000)

($16,000)

($16,000)

154.4 Reduce funds from travel.

State General Funds

($28,600)

($28,600)

($28,600)

($28,600)

154.5 Reduce funds from operations.

State General Funds

($5,917)

($5,917)

($5,917)

($5,917)

154.6 Reduce funds from the forest inventory program by eliminating two vacant forester positions.

State General Funds

($26,208)

($26,208)

($26,208)

($26,208)

154.7 Reduce funds by eliminating one vacant educational forest coordinator position at the Bartram Forest.

State General Funds

($49,587)

($49,587)

($49,587)

($49,587)

4470

JOURNAL OF THE HOUSE

154.8 Reduce funds by eliminating one vacant sustainable community forester position for the Metro-Atlanta region.

State General Funds

($77,886)

($77,886)

($77,886)

($77,886)

154.9 Reduce funds by eliminating one vacant marketing forester position.

State General Funds

($63,000)

($63,000)

($63,000)

($63,000)

154.10 Eliminate funds from the Southern Forest World museum.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

154.11 Eliminate funds by closing the Brender Demonstration Forest.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

154.12 Reduce funds by hiring all forester positions on a temporary basis for three months.

State General Funds

($4,000)

($4,000)

($4,000)

($4,000)

154.13 Reduce funds to reflect the revised revenue estimate.

State General Funds

($33,874)

($33,874)

($33,874)

154.99

SAC: The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program.

State General Funds

$0

154.100-Forest Management

Appropriation (HB 119)

The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry

cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners

and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation

easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass

industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program.

TOTAL STATE FUNDS

$3,405,402

$3,307,178

$3,331,754

$3,488,078

State General Funds

$3,405,402

$3,307,178

$3,331,754

$3,488,078

TOTAL FEDERAL FUNDS

$6,555,882

$6,555,882

$6,555,882

$6,555,882

Federal Funds Not Itemized

$6,555,882

$6,555,882

$6,555,882

$6,555,882

TOTAL AGENCY FUNDS

$707,587

$707,587

$707,587

$707,587

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

$582,587

$582,587

$582,587

$582,587

Sales and Services Not Itemized

$582,587

$582,587

$582,587

$582,587

TOTAL PUBLIC FUNDS

$10,668,871 $10,570,647 $10,595,223 $10,751,547

WEDNESDAY, APRIL 1, 2009

4471

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$30,850,411 $30,850,411 $1,964,173 $1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

$30,850,411 $30,850,411 $1,964,173
$1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

$30,850,411 $30,850,411
$1,964,173 $1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

$30,850,411 $30,850,411 $1,964,173
$1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

155.1 Defer the FY09 cost of living adjustment.

State General Funds

($236,666)

($236,666)

($236,666)

($236,666)

155.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($22,372)

($22,372)

($22,372)

($22,372)

155.3 Defer salary adjustments for critical jobs.

State General Funds

($42,845)

($42,845)

($42,845)

($42,845)

155.4 Defer special adjustments to selected job classes.

State General Funds

($929,960)

($929,960)

($929,960)

($929,960)

155.5

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($545,756)

($847,246)

($732,142)

$0

155.6 Reduce one-time funds received in HB990 (FY09G) to purchase a vehicle for an arson investigator.

State General Funds

($16,000)

($16,000)

($16,000)

($16,000)

155.7 Reduce funds for four and a half fire control positions and fund with existing federal funds.

State General Funds

($166,209)

($166,209)

($166,209)

($166,209)

155.8 Reduce funds for two welder positions and fund with existing federal funds.

State General Funds

($42,000)

($42,000)

($42,000)

($42,000)

155.9 Reduce funds from operations.

4472

JOURNAL OF THE HOUSE

State General Funds

($490,560)

($490,560)

($490,560)

($490,560)

155.10 Reduce funds from travel.

State General Funds

($49,728)

($49,728)

($49,728)

($49,728)

155.11 Reduce funds by eliminating 124 Commission-issued cell phones for fire control personnel.

State General Funds

($67,200)

($67,200)

($67,200)

($67,200)

155.12 Reduce funds designated for vehicle purchases.

State General Funds

($249,413)

($249,413)

($249,413)

($249,413)

155.13 Reduce funds for firefighting equipment.

State General Funds

($575,000)

($575,000)

($500,000)

($500,000)

155.14 Reduce funds and replace with increased fees charged to landowners, rural fire departments, and other groups.

State General Funds

($420,840)

($420,840)

($420,840)

($420,840)

155.15 Reduce funds by eliminating one vacant administrative assistant position.

State General Funds

($38,480)

($38,480)

($38,480)

($38,480)

155.16 Reduce funds by eliminating four temporary mitigation clerks.

State General Funds

($38,801)

($38,801)

($38,801)

($38,801)

155.17 Reduce funds received in HB990 (FY09G) for an aviation maintenance position.

State General Funds

($81,768)

($81,768)

($81,768)

($81,768)

155.18 Reduce funds and consolidate four County Fire Control Units.

State General Funds

($29,600)

($29,600)

($29,600)

($29,600)

155.19 Reduce funds by hiring all fire ranger positions on a temporary basis for three months.

State General Funds

($68,000)

($68,000)

($68,000)

($68,000)

155.20 Reduce funds from contracts.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

155.21 Reduce funds to reflect the revised revenue estimate.

State General Funds

($265,733)

($265,733)

$0

155.22 Reduce funds received in HB990 (FY09G) for one helicopter pilot position.

State General Funds

($24,238)

155.99

SAC: The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest Management program during periods of low fire danger.

WEDNESDAY, APRIL 1, 2009

4473

State General Funds

$0

155.100-Forest Protection

Appropriation (HB 119)

The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to

mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to

promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland

firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest

Management program during periods of low fire danger.

TOTAL STATE FUNDS

$26,714,213 $26,146,990 $26,337,094 $27,310,731

State General Funds

$26,714,213 $26,146,990 $26,337,094 $27,310,731

TOTAL FEDERAL FUNDS

$1,964,173

$1,964,173

$1,964,173

$1,964,173

Federal Funds Not Itemized

$1,964,173

$1,964,173

$1,964,173

$1,964,173

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

$32,162,497 $31,595,274 $31,785,378 $32,759,015

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$123,287 $123,287
$20,000 $20,000 $74,580 $74,580 $74,580 $217,867

$123,287 $123,287
$20,000 $20,000 $74,580 $74,580 $74,580 $217,867

$123,287 $123,287
$20,000 $20,000 $74,580 $74,580 $74,580 $217,867

$123,287 $123,287 $20,000
$20,000 $74,580 $74,580 $74,580 $217,867

156.1 Defer the FY09 cost of living adjustment.

State General Funds

($653)

($653)

($653)

($653)

156.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,955)

$0

$0

$0

4474

JOURNAL OF THE HOUSE

156.3 Eliminate funds and consolidate activities within the Tree Seedling Nursery program. (S:Transfer all funds and activities to the Tree Seedling Nursery program)

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($119,679)

($119,679)

$0

($122,634)

($20,000)

($74,580)

($217,214)

156.100-Tree Improvement

Appropriation (HB 119)

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

$2,955

$122,634

State General Funds

$2,955

$122,634

TOTAL FEDERAL FUNDS

$20,000

$20,000

$20,000

Federal Funds Not Itemized

$20,000

$20,000

$20,000

TOTAL AGENCY FUNDS

$74,580

$74,580

$74,580

Sales and Services

$74,580

$74,580

$74,580

Sales and Services Not Itemized

$74,580

$74,580

$74,580

TOTAL PUBLIC FUNDS

$94,580

$97,535

$217,214

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

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

157.1 Restore funds to correct the negative balance and to support the reforestation of Georgia. (S:Transfer all funds and activities from the Tree Improvement program and evaluate the cost-effectiveness and long-term viability of the Tree Seedling Nursery program)

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$178,593

$178,593 $13,080 $81,500
$273,173

157.100-Tree Seedling Nursery

Appropriation (HB 119)

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.

WEDNESDAY, APRIL 1, 2009

4475

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Section 25: Governor, Office of the
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,421,500

$83,080 $83,080 $1,433,000 $1,433,000 $1,433,000 $1,516,080

Section Total - Continuation

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

Section Total - Final

$49,638,242 $49,624,954

$49,638,242 $49,624,954

$43,764,158 $43,764,158

$43,514,158 $43,514,158

$250,000

$250,000

$2,343,959

$2,343,959

$10,000

$10,000

$500,000

$500,000

$100,000

$100,000

$983,306

$983,306

$561,056

$561,056

$189,597

$189,597

$48,692,367 $48,692,367 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597

$50,711,076 $50,711,076 $44,755,838 $43,514,158
$1,241,680 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597

4476

JOURNAL OF THE HOUSE

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$147,325 $147,325 $95,893,684

$147,325 $147,325 $95,880,396

$147,325 $147,325 $94,947,809

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

$4,448,905 $4,448,905
$659,400 $659,400
$10,000 $10,000 $10,000 $5,118,305

$4,448,905 $4,448,905
$659,400 $659,400
$10,000 $10,000 $10,000 $5,118,305

$4,448,905 $4,448,905
$659,400 $659,400
$10,000 $10,000 $10,000 $5,118,305

$147,325 $147,325 $97,958,198
$4,448,905 $4,448,905
$659,400 $659,400 $10,000
$10,000 $10,000 $5,118,305

158.1 Defer the FY09 cost of living adjustment.

State General Funds

($4,286)

($4,286)

($4,286)

($4,286)

158.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($9,193)

($13,494)

($11,660)

$0

158.3 Reduce funds from grants and benefits to non-profit arts and cultural organizations. (S:Reduce funds from grants and utilize funds from the American Recovery and Reinvestment Act of 2009)

State General Funds

($588,978)

($588,978)

($688,978) ($1,638,460)

158.4 Reduce funds from operations.

State General Funds

($25,731)

($25,731)

($25,731)

($69,366)

158.5 Reduce funds from personnel.

State General Funds

($8,125)

($8,125)

($8,125)

($8,125)

158.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($38,126)

($38,126)

($38,126)

158.99 SAC: The purpose of this appropriation is to provide for Council operations, fund grants and services for non-profit arts and cultural organizations, and maintain the Georgia State Art Collection and Capital Galleries.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4477

158.100-Arts, Georgia Council for the

Appropriation (HB 119)

The purpose of this appropriation is to provide for Council operations, fund grants and services for non-profit arts and cultural organizations, and maintain the

Georgia State Art Collection and Capital Galleries.

TOTAL STATE FUNDS

$3,812,592

$3,770,165

$3,671,999

$2,690,542

State General Funds

$3,812,592

$3,770,165

$3,671,999

$2,690,542

TOTAL FEDERAL FUNDS

$659,400

$659,400

$659,400

$659,400

Federal Funds Not Itemized

$659,400

$659,400

$659,400

$659,400

TOTAL AGENCY FUNDS

$10,000

$10,000

$10,000

$10,000

Contributions, Donations, and Forfeitures

$10,000

$10,000

$10,000

$10,000

Contributions, Donations, and Forfeitures Not Itemized

$10,000

$10,000

$10,000

$10,000

TOTAL PUBLIC FUNDS

$4,481,992

$4,439,565

$4,341,399

$3,359,942

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

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

159.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,959)

($7,959)

($7,959)

($7,959)

159.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($17,500)

($32,205)

($27,830)

$0

159.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,013

$3,013

$3,013

$3,013

159.4 Reduce one-time funds received in HB990 (FY09G) for a statewide needs assessment of child-welfare resources and services.

State General Funds

($70,000)

($70,000)

($70,000)

($70,000)

159.5 Reduce one-time funds received in HB990 (FY09G) to supplement the existing file and data management system with the web-based version of the FORTIS computer program.

4478

JOURNAL OF THE HOUSE

State General Funds 159.6 Reduce funds by eliminating one vacant executive secretary position. State General Funds 159.7 Reduce funds from operations. State General Funds 159.8 Reduce funds from contracts. State General Funds 159.9 Reduce funds to reflect the revised revenue estimate. State General Funds

($13,500) ($50,706)
($9,902) ($50,975)

($13,500) ($50,706)
($9,902) ($50,975)
($9,815)

($13,500) ($50,706)
($9,902) ($50,975)
($9,815)

($13,500) ($50,706)
($9,902) ($50,975)
($9,815)

159.100-Child Advocate, Office of the

Appropriation (HB 119)

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

$981,482

$956,962

$961,337

$989,167

State General Funds

$981,482

$956,962

$961,337

$989,167

TOTAL FEDERAL FUNDS

$179,558

$179,558

$179,558

$179,558

Federal Funds Not Itemized

$179,558

$179,558

$179,558

$179,558

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

$1,161,065

$1,136,545

$1,140,920

$1,168,750

Children and Families, Governor's Office for
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

Continuation Budget

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

160.1 Defer the FY09 cost of living adjustment.

State General Funds

($13,114)

($13,114)

($13,114)

($13,114)

160.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

WEDNESDAY, APRIL 1, 2009

4479

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($20,000)

($9,261)

($8,003)

$0

160.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$23,158

$23,158

$23,158

$23,158

160.4 Eliminate one-time funds received in HB990 (FY09G) for KidsNet.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

160.5 Reduce funds from grants based on utilization and grantee non-performance of standards.

State General Funds

($1,014,756) ($1,014,756) ($1,014,756) ($1,014,756)

160.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($74,641)

($74,641)

($74,641)

160.7 Transfer funds from the Child Welfare Services and Infant and Child Health Promotion programs in the Department of Human Resources for the Regional Assessment Center and services for victims of child prostitution and trafficking.

State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

$140,000 $991,680 $1,131,680

160.99

SAC: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. House: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Gov Rev: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Governor: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

State General Funds

$0

$0

$0

$0

160.100-Children and Families, Governor's Office for

Appropriation (HB 119)

The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

TOTAL STATE FUNDS

$7,464,069

$7,400,167

$7,401,425

$7,549,428

State General Funds

$7,464,069

$7,400,167

$7,401,425

$7,549,428

TOTAL FEDERAL FUNDS

$7,206,237

$7,206,237

$7,206,237

$8,197,917

Federal Funds Not Itemized

$6,956,237

$6,956,237

$6,956,237

$6,956,237

Temporary Assistance for Needy Families

$250,000

$250,000

$250,000

$1,241,680

Temporary Assistance for Needy Families Grant CFDA93.558

$250,000

$250,000

$250,000

$1,241,680

TOTAL PUBLIC FUNDS

$14,670,306 $14,606,404 $14,607,662 $15,747,345

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.

4480

JOURNAL OF THE HOUSE

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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$8,581,217 $8,581,217 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

$8,581,217 $8,581,217 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

$8,581,217 $8,581,217 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

$8,581,217 $8,581,217 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

161.1 Defer the FY09 cost of living adjustment.

State General Funds

($70,766)

($70,766)

($70,766)

($70,766)

161.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($488)

($488)

($488)

($488)

161.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($169,016)

($223,660)

($193,274)

$0

161.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$98,918

$98,918

$98,918

$98,918

161.5 Reduce funds received in HB990 (FY09G) and defer filling seven positions to staff the "1-800-Georgia" call center.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

161.6 Eliminate funds for the Consumers' Utility Counsel and four positions.

State General Funds

($386,753)

($386,753)

($386,753)

($386,753)

161.7 Reduce funds from contracts for customer service and workplace satisfaction surveys.

State General Funds

($335,342)

($335,342)

($335,342)

($335,342)

161.8 Reduce funds from operations.

State General Funds

($13,667)

($13,667)

($13,667)

($13,667)

161.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($74,041)

($74,041)

($74,041)

161.10 Transfer funds for the Consumer Services Division from the Department of Insurance.

State General Funds

$1,674,094

WEDNESDAY, APRIL 1, 2009

4481

161.100-Consumer Affairs, Governor's Office of

Appropriation (HB 119)

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

$7,404,103

$7,275,418

$7,305,804

$9,173,172

State General Funds

$7,404,103

$7,275,418

$7,305,804

$9,173,172

TOTAL AGENCY FUNDS

$1,572,903

$1,572,903

$1,572,903

$1,572,903

Rebates, Refunds, and Reimbursements

$983,306

$983,306

$983,306

$983,306

Rebates, Refunds, and Reimbursements Not Itemized

$983,306

$983,306

$983,306

$983,306

Sales and Services

$400,000

$400,000

$400,000

$400,000

Sales and Services Not Itemized

$400,000

$400,000

$400,000

$400,000

Sanctions, Fines, and Penalties

$189,597

$189,597

$189,597

$189,597

Sanctions, Fines, and Penalties Not Itemized

$189,597

$189,597

$189,597

$189,597

TOTAL PUBLIC FUNDS

$8,977,006

$8,848,321

$8,878,707 $10,746,075

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

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

162.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,803)

($17,803)

($17,803)

($17,803)

162.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($25,871)

($66,111)

($57,129)

$0

4482

JOURNAL OF THE HOUSE

162.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$256,156

$256,156

$256,156

$256,156

162.4 Reduce funds designated for the Director's salary that is now fully funded by the Office of Homeland Security.

State General Funds

($173,541)

($173,541)

($173,541)

($173,541)

162.5 Reduce funds by eliminating one administrative position in the Operations Division.

State General Funds

($48,234)

($48,234)

($48,234)

($48,234)

162.6 Reduce funds from operations.

State General Funds

($32,000)

($32,000)

($32,000)

($32,000)

162.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($23,648)

($23,648)

($23,648)

162.99 SAC: The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other resources and supporting local governments to respond to major disasters and emergency events.

State General Funds

$0

162.100-Emergency Management Agency, Georgia

Appropriation (HB 119)

The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other

resources and supporting local governments to respond to major disasters and emergency events.

TOTAL STATE FUNDS

$2,364,755

$2,300,867

$2,309,849

$2,366,978

State General Funds

$2,364,755

$2,300,867

$2,309,849

$2,366,978

TOTAL FEDERAL FUNDS

$29,703,182 $29,703,182 $29,703,182 $29,703,182

Federal Funds Not Itemized

$29,703,182 $29,703,182 $29,703,182 $29,703,182

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

$32,875,793 $32,811,905 $32,820,887 $32,878,016

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

$712,490 $712,490

$712,490 $712,490

$712,490 $712,490

$712,490 $712,490

WEDNESDAY, APRIL 1, 2009

4483

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$407,000 $407,000 $1,119,490

$407,000 $407,000 $1,119,490

$407,000 $407,000 $1,119,490

$407,000 $407,000 $1,119,490

163.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,599)

($6,599)

($6,599)

($6,599)

163.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($22,928)

($21,375)

($18,471)

$0

163.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,639

$3,639

$3,639

$3,639

163.4 Reduce funds and defer filling one intake coordinator position in the Equal Employment Division.

State General Funds

($45,717)

($45,717)

($45,717)

($45,717)

163.5 Reduce funds from operations.

State General Funds

($59,529)

($59,529)

($59,529)

($59,529)

163.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,814)

($5,814)

($5,814)

163.99 SAC: 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 to discriminate against any individual.

State General Funds

$0

163.100-Equal Opportunity, Georgia Commission on

Appropriation (HB 119)

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 to discriminate against any individual.

TOTAL STATE FUNDS

$581,356

$577,095

$579,999

$598,470

State General Funds

$581,356

$577,095

$579,999

$598,470

TOTAL FEDERAL FUNDS

$407,000

$407,000

$407,000

$407,000

Federal Funds Not Itemized

$407,000

$407,000

$407,000

$407,000

TOTAL PUBLIC FUNDS

$988,356

$984,095

$986,999

$1,005,470

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.

4484

JOURNAL OF THE HOUSE

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

164.100-Governor's Emergency Fund

Appropriation (HB 119)

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

$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

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

165.1 Defer the FY09 cost of living adjustment.

State General Funds

($52,950)

($52,950)

($52,950)

($52,950)

165.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($800,000)

($167,286)

($144,559)

$0

165.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$94,425

$94,425

$94,425

$94,425

165.4 Reduce funds from operations.

State General Funds

($635,550)

($635,550)

($735,550)

($635,550)

165.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($66,032)

($66,032)

($66,032)

165.6 Reduce funds received in HB95 (FY08G) for the Governor's Litigation Fund.

WEDNESDAY, APRIL 1, 2009

4485

State General Funds

($650,000)

($650,000)

165.100-Governor's Office

Appropriation (HB 119)

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

$6,603,223

$7,169,905

$6,442,632

$6,687,191

State General Funds

$6,603,223

$7,169,905

$6,442,632

$6,687,191

TOTAL FEDERAL FUNDS

$5,196,851

$5,196,851

$5,196,851

$5,196,851

Federal Funds Not Itemized

$5,196,851

$5,196,851

$5,196,851

$5,196,851

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

$11,900,074 $12,466,756 $11,739,483 $11,984,042

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

$527,932 $527,932 $527,932

$527,932 $527,932 $527,932

$527,932 $527,932 $527,932

$527,932 $527,932 $527,932

166.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,213)

($6,213)

($6,213)

($6,213)

166.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($12,672)

($13,999)

($12,097)

$0

166.3 Reduce funds and defer filling one secretary position.

State General Funds

($71,121)

($71,121)

($71,121)

($71,121)

166.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,379)

($4,379)

($4,379)

166.99 SAC: The purpose of this appropriation is to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security.

State General Funds

$0

4486

JOURNAL OF THE HOUSE

166.100-Office of Homeland Security

Appropriation (HB 119)

The purpose of this appropriation is to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's

point of contact for the federal Department of Homeland Security.

TOTAL STATE FUNDS

$437,926

$432,220

$434,122

$446,219

State General Funds

$437,926

$432,220

$434,122

$446,219

TOTAL PUBLIC FUNDS

$437,926

$432,220

$434,122

$446,219

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

$829,079 $829,079 $829,079

$829,079 $829,079 $829,079

$829,079 $829,079 $829,079

$829,079 $829,079 $829,079

167.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,391)

($7,391)

($7,391)

($7,391)

167.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($17,022)

($25,126)

($21,712)

$0

167.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,916

$1,916

$1,916

$1,916

167.4 Reduce funds from investigations.

State General Funds

($95,650)

($95,650)

($95,650)

($95,650)

167.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($7,109)

($7,109)

($7,109)

167.99 SAC: The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and abuse.

State General Funds

$0

167.100-Office of the State Inspector General

Appropriation (HB 119)

The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and

abuse.

WEDNESDAY, APRIL 1, 2009

4487

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$710,932 $710,932 $710,932

$695,719 $695,719 $695,719

$699,133 $699,133 $699,133

$720,845 $720,845 $720,845

Planning and Budget, Governor's Office of

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$9,584,234 $9,584,234 $9,584,234

$9,584,234 $9,584,234 $9,584,234

$9,584,234 $9,584,234 $9,584,234

$9,584,234 $9,584,234 $9,584,234

168.1 Defer the FY09 cost of living adjustment.

State General Funds

($81,224)

($81,224)

($81,224)

($81,224)

168.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($206,716)

($240,793)

($208,079)

$0

168.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($178,124)

($178,124)

($178,124)

($178,124)

168.4 Reduce funds from operations.

State General Funds

($849,629)

($849,629)

($949,629)

($849,629)

168.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($82,683)

($82,683)

($82,683)

168.6 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($2,243)

($2,243)

168.7 Reduce funds from the Commission on Hispanic Affairs.

State General Funds

($20,000)

($20,000)

168.8 Reduce funds from the Commission on Asian Affairs.

State General Funds

($20,000)

($20,000)

168.9 Reduce funds from the Military Coordinating Council contract.

State General Funds

($84,000)

$0

4488

JOURNAL OF THE HOUSE

168.100-Planning and Budget, Governor's Office of

Appropriation (HB 119)

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

$8,268,541

$8,151,781

$7,958,252

$8,350,331

State General Funds

$8,268,541

$8,151,781

$7,958,252

$8,350,331

TOTAL PUBLIC FUNDS

$8,268,541

$8,151,781

$7,958,252

$8,350,331

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

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

169.1 Defer the FY09 cost of living adjustment.

State General Funds

($65,065)

($65,065)

($65,065)

($65,065)

169.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($164,033)

($205,175)

($177,301)

$0

169.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$37,115

$37,115

$37,115

$37,115

169.4 Reduce funds from personnel.

State General Funds

($14,571)

($14,571)

($14,571)

($14,571)

169.5 Reduce funds from information technology.

State General Funds

($6,740)

($6,740)

($6,740)

($6,740)

169.6 Eliminate funds for the Georgia Teacher Alternative Preparation Program (TAPP) grants.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

169.7 Eliminate funds for National Board Certified Teacher (NBCT) reimbursements offered to teachers who successfully achieve national certification the first time they apply.

WEDNESDAY, APRIL 1, 2009

4489

State General Funds

($36,000)

($36,000)

($36,000)

($36,000)

169.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($64,744)

($64,744)

($64,744)

169.99 SAC: The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics.

State General Funds

$0

169.100-Professional Standards Commission, Georgia

Appropriation (HB 119)

The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator

professional preparation, performance, and ethics.

TOTAL STATE FUNDS

$6,474,447

$6,368,561

$6,396,435

$6,573,736

State General Funds

$6,474,447

$6,368,561

$6,396,435

$6,573,736

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

$6,886,877

$6,780,991

$6,808,865

$6,986,166

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

$1,274,456 $1,274,456 $1,274,456

$1,274,456 $1,274,456 $1,274,456

$1,274,456 $1,274,456 $1,274,456

$1,274,456 $1,274,456 $1,274,456

170.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,381)

($11,381)

($11,381)

($11,381)

170.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($30,181)

($38,903)

($33,617)

$0

170.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($6,096)

($6,096)

($6,096)

($6,096)

170.4 Reduce funds from personnel.

4490

JOURNAL OF THE HOUSE

State General Funds

($123,289)

($123,289)

($123,289)

($123,289)

170.5 Reduce funds from contracts.

State General Funds

($38,269)

($38,269)

($38,269)

($38,269)

170.99 SAC: The purpose of this appropriation is to support P-16 accountability, evaluation, and reporting efforts, including: the establishment of standards on state assessments, development and evaluation of IE2 Partnership contracts, the execution of academic program audits, the preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts.

State General Funds

$0

170.100-Student Achievement, Office of

Appropriation (HB 119)

The purpose of this appropriation is to support P-16 accountability, evaluation, and reporting efforts, including: the establishment of standards on state

assessments, development and evaluation of IE2 Partnership contracts, the execution of academic program audits, the preparation and release of the state's

education report card and scoreboard, and education research to inform policy and budget efforts.

TOTAL STATE FUNDS

$1,065,240

$1,056,518

$1,061,804

$1,095,421

State General Funds

$1,065,240

$1,056,518

$1,061,804

$1,095,421

TOTAL PUBLIC FUNDS

$1,065,240

$1,056,518

$1,061,804

$1,095,421

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

Section Total - Continuation

$1,661,556,492 $1,631,202,946
$28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962

$1,661,556,492 $1,631,202,946
$28,384,553 $1,968,993
$1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057
$129,954,962

$1,661,556,492 $1,631,202,946
$28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962

$1,661,556,492 $1,631,202,946
$28,384,553 $1,968,993 $1,720,587,911 $94,646,847 $66,288,749 $13,130,623 $17,409,184 $724,712,975 $87,743,900 $24,912,301 $20,986,057 $129,954,962

WEDNESDAY, APRIL 1, 2009

4491

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 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

$59,700,314 $4,404,431
$55,014,157 $341,717,402
$79,966,009 $270,015,763
$33,877,056 $12,918,884 $8,256,945
$221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117
$201,039 $3,658,047,322

$59,700,314 $4,404,431
$55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056
$12,918,884 $8,256,945
$221,036 $2,729,126 $212,012,716 $5,887,156 $5,686,117
$201,039 $3,658,047,322

$59,700,314 $4,404,431
$55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056 $12,918,884
$8,256,945 $221,036
$2,729,126 $212,012,716
$5,887,156 $5,686,117
$201,039 $3,658,047,322

$59,700,314 $4,404,431
$55,014,157 $341,717,402 $79,966,009 $270,015,763 $33,877,056 $12,918,884
$8,256,945 $221,036
$2,729,126 $212,012,716
$5,887,156 $5,686,117
$201,039 $3,658,047,322

Section Total - Final

$1,512,221,640 $1,401,724,413

$1,481,920,698 $1,371,423,471

$28,234,553 $28,234,553

$2,066,389

$2,066,389

$1,667,422,111 $1,751,751,843

$94,361,006 $94,361,006

$66,215,997 $66,215,997

$13,130,623 $13,130,623

$17,397,861 $17,397,861

$708,353,954 $708,353,954

$79,448,008 $86,793,400

$24,906,536 $24,906,536

$20,366,584 $20,366,584

$118,768,811 $195,753,151

$59,700,314 $59,700,314

$4,404,431

$4,404,431

$54,994,483 $54,994,483

$368,024,967 $368,024,967

$37,348,536 $37,348,536

$310,093,438 $270,015,763

$33,877,056 $33,877,056

$12,918,884 $12,918,884

$1,419,665,703 $1,389,364,761
$28,234,553 $2,066,389 $1,813,857,131 $94,361,006 $93,215,997 $13,130,623 $17,397,861 $726,498,954 $100,679,167 $24,906,536 $20,366,584 $198,827,672 $59,700,314 $4,404,431 $54,994,483 $368,024,967 $37,348,536 $273,093,438 $33,877,056 $12,918,884

$1,442,828,433 $1,412,527,491
$28,234,553 $2,066,389 $1,812,736,526 $94,361,006 $102,215,997 $13,130,623 $17,397,861 $725,002,111 $87,079,167 $24,906,536 $20,366,584 $205,045,600 $59,700,314 $4,404,431 $54,994,483 $366,783,277 $37,348,536 $270,015,763 $33,877,056 $12,918,884

4492

JOURNAL OF THE HOUSE

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

$48,334,620 $221,036
$2,729,126 $212,012,716
$5,887,156 $5,686,117
$201,039 $3,495,624,345

$8,256,945 $221,036
$2,729,126 $212,012,716
$5,887,156 $5,686,117
$201,039 $3,429,379,175

$11,334,620 $221,036
$2,729,126 $212,012,716
$5,887,156 $5,686,117
$201,039 $3,512,503,428

$8,256,945 $221,036
$2,729,126 $212,012,716
$5,887,156 $5,686,117
$201,039 $3,531,467,878

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

$20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972
$353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

$20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605 $1,230,972
$353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

$20,563,284 $15,498,107
$5,065,177 $38,527,728 $17,796,605
$1,230,972 $353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

$20,563,284 $15,498,107
$5,065,177 $38,527,728 $17,796,605
$1,230,972 $353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

171.1 Defer the FY09 cost of living adjustment.

State General Funds

($155,696)

($155,696)

($155,696)

($155,696)

171.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($352,559)

($484,702)

($437,130)

$0

171.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,844

$1,844

$1,844

$1,844

WEDNESDAY, APRIL 1, 2009

4493

171.4 Reduce funds from family planning programmatic aid, clinic sites, outreach, teen centers, youth development programs, and unobligated purchase of service dollars.

Temporary Assistance for Needy Families Grant CFDA93.558

($6,499,521) ($6,499,521) ($1,099,521) ($3,894,772)

171.5 Reduce funds designated to purchase supplies and other operating expenses.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

171.6 Reduce funds from nutrition education.

State General Funds

($122,759)

($122,759)

($122,759)

($122,759)

171.7 Reduce funds from prostate cancer education provided by the Regional Cancer Coalitions.

State General Funds

($85,000)

($85,000)

($85,000)

($85,000)

171.8 Eliminate funds for the coordinated school health outreach programs.

Maternal & Child Health Services Block Grant CFDA93.994

($1,021,604) ($1,021,604) ($1,021,604) ($1,021,604)

171.9 Reduce funds by eliminating seven vacant positions.

State General Funds

($776,562)

($776,562)

($776,562)

($776,562)

171.10 Reduce funds by eliminating two filled state office positions and eighteen filled district health promotion coordinator positions.

State General Funds

($1,136,228) ($1,136,228) ($1,136,228) ($1,136,228)

171.11 Reduce funds for one position and fund with existing federal funds.

State General Funds

($49,879)

($49,879)

($49,879)

($49,879)

171.12 Reduce and defer funds received in HB95 (FY08G) for the Diabetes Care Coalition.

State General Funds

($175,000)

($175,000)

($175,000)

($175,000)

171.13 Reduce and defer funds received in HB990 (FY09G) for the Helen Keller National Center.

State General Funds

($229,513)

($229,513)

($229,513)

($229,513)

171.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($7,683,299) ($25,631)
($6,105,228) ($13,814,158)

($7,683,299) ($25,631)
($6,105,228) ($13,814,158)

($7,683,299) ($25,631)
($6,105,228) ($13,814,158)

($7,683,299) ($25,631) $0
($7,708,930)

171.99 SAC: The purpose of this appropriation is to provide education and services to promote the health and well being of Georgians. Activities include preventing teenage pregnancies, tobacco use prevention, cancer screening and prevention, and family planning services. Funds provided by this appropriation shall not be used to provide contraceptives to minors without parental consent.

State General Funds

$0

4494

JOURNAL OF THE HOUSE

171.100-Adolescent and Adult Health Promotion

Appropriation (HB 119)

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. Funds provided by this appropriation shall not be used to

provide contraceptives to minors without parental consent.

TOTAL STATE FUNDS

$9,748,633

$9,616,490

$9,664,062 $10,101,192

State General Funds

$4,683,456

$4,551,313

$4,598,885

$5,036,015

Tobacco Settlement Funds

$5,065,177

$5,065,177

$5,065,177

$5,065,177

TOTAL FEDERAL FUNDS

$24,875,744 $24,875,744 $30,275,744 $33,585,721

Federal Funds Not Itemized

$17,796,605 $17,796,605 $17,796,605 $17,796,605

Maternal & Child Health Services Block Grant CFDA93.994

$209,368

$209,368

$209,368

$209,368

Medical Assistance Program CFDA93.778

$327,609

$327,609

$327,609

$327,609

Preventive Health & Health Services Block Grant CFDA93.991

$41,694

$41,694

$41,694

$41,694

Temporary Assistance for Needy Families

$6,500,468

$6,500,468 $11,900,468 $15,210,445

Temporary Assistance for Needy Families Grant CFDA93.558

$6,500,468

$6,500,468 $11,900,468 $15,210,445

TOTAL AGENCY FUNDS

$270,000

$270,000

$270,000

$270,000

Contributions, Donations, and Forfeitures

$270,000

$270,000

$270,000

$270,000

Contributions, Donations, and Forfeitures Not Itemized

$270,000

$270,000

$270,000

$270,000

TOTAL PUBLIC FUNDS

$34,894,377 $34,762,234 $40,209,806 $43,956,913

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 Foster Care Title IV-E CFDA93.658 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

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

172.1 Defer the FY09 cost of living adjustment.

State General Funds

($23,332)

($23,332)

($23,332)

($23,332)

172.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

WEDNESDAY, APRIL 1, 2009

4495

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($60,972)

($83,825)

($75,598)

$0

172.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,126

$2,126

$2,126

$2,126

172.4 Transfer funds from the Child Welfare Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$1,910,000 $2,341,417 $4,251,417

$1,910,000 $2,341,417 $4,251,417

$1,910,000 $2,341,417 $4,251,417

$1,910,000 $2,341,417 $4,251,417

172.5 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($3,140,444) $3,140,444
$0

($3,140,444) $3,140,444
$0

($3,140,444) $3,140,444
$0

172.6 Reduce funds from summer camps.

State General Funds

($1,000,000)

172.100-Adoption Services

Appropriation (HB 119)

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

$37,396,464 $34,233,167 $34,241,394 $33,316,992

State General Funds

$37,396,464 $34,233,167 $34,241,394 $33,316,992

TOTAL FEDERAL FUNDS

$52,552,934 $55,693,378 $55,693,378 $55,693,378

Federal Funds Not Itemized

$40,341,869 $40,341,869 $40,341,869 $40,341,869

Foster Care Title IV-E CFDA93.658

$211,065

$3,351,509

$3,351,509

$3,351,509

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

$89,994,398 $89,971,545 $89,979,772 $89,055,370

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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Temporary Assistance for Needy Families

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683

4496

JOURNAL OF THE HOUSE

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

$21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782
$100,628,448

$21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782
$100,628,448

$21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782
$100,628,448

$21,873,683 $824,903 $490,000 $490,000 $218,121 $218,121 $116,782 $116,782
$100,628,448

173.1 Defer the FY09 cost of living adjustment.

State General Funds

($525,607)

($525,607)

($525,607)

($525,607)

173.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,373,564) ($1,888,392) ($1,703,054)

$0

173.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,380

$1,380

$1,380

$1,380

173.4 Reduce and defer funds received in HB990 (FY09G) for the Bridges of Hope.

State General Funds

($12,000)

($12,000)

($12,000)

($12,000)

173.5 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($61,117)

($61,117)

($61,117)

($61,117)

173.6 Reduce and defer funds received in HB990 (FY09G) for Hope House, Inc. ("The Highland West" location) for the expansion of substance abuse and outpatient behavioral health services.

State General Funds

($350,000)

($350,000)

($350,000)

($350,000)

173.7 Reduce funds from the United Way Regional Commission for addictive disease services at the Gateway Center in Atlanta.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

173.8 Eliminate funds for opioid maintenance therapy.

State General Funds

($1,568,628) ($1,568,628) ($1,568,628) ($1,568,628)

173.9 Reduce funds from consumer and family assistance by 60% for non-medically necessary services to support transitions from institutions to communities reflecting the historical utilization trends of the program.

State General Funds

($119,388)

($119,388)

($119,388)

($119,388)

173.10 Reduce funds from supported employment for non-medically necessary services and sustain the program through federal funding.

WEDNESDAY, APRIL 1, 2009

4497

State General Funds

($301,476)

($301,476)

($301,476)

($301,476)

173.11 Reduce funds from new provider training and quality compliance audits.

State General Funds

($49,000)

($49,000)

($49,000)

($49,000)

173.12 Reduce funds from outdoor therapeutic programs by eliminating the contracts with Westcare Georgia and the River Edge Community Service Board (CSB) that provide specific treatment services and interventions for methamphetamine addiction in seventeen counties.

State General Funds

($1,000,000) ($1,000,000)

($500,000) ($1,000,000)

173.13 Reduce funds from core and specialty services.

State General Funds

($1,271,318) ($1,271,318) ($1,271,318) ($1,271,318)

173.14 Reduce funds from various contracts.

State General Funds

($417,000)

($417,000)

($417,000)

($417,000)

173.15 Reduce funds. (H:Partially restore funds)

Temporary Assistance for Needy Families Grant CFDA93.558

($4,377,600) ($4,377,600)

($665,100) ($4,377,600)

173.98 SAC: The purpose of this appropriation is to assist adults in the safe withdrawal from addictions including methamphetamine, and other abused substances through detoxification services, HIV early intervention, crisis and access lines, residential and family assistance, supported employment, and outpatient care. The purpose of the appropriation is also to provide treatment for compulsive gambling.

State General Funds

$0

173.100-Adult Addictive Diseases Services

Appropriation (HB 119)

The purpose of this appropriation is to assist adults in the safe withdrawal from addictions including methamphetamine, and other abused substances through

detoxification services, HIV early intervention, crisis and access lines, residential and family assistance, supported employment, and outpatient care. The

purpose of the appropriation is also to provide treatment for compulsive gambling.

TOTAL STATE FUNDS

$40,843,529 $40,328,701 $41,014,039 $42,217,093

State General Funds

$40,843,529 $40,328,701 $41,014,039 $42,217,093

TOTAL FEDERAL FUNDS

$47,484,698 $47,484,698 $51,197,198 $47,484,698

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$29,988,615 $29,988,615 $29,988,615 $29,988,615

Temporary Assistance for Needy Families

$17,496,083 $17,496,083 $21,208,583 $17,496,083

Temporary Assistance for Needy Families Grant CFDA93.558

$17,496,083 $17,496,083 $21,208,583 $17,496,083

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

$89,153,130 $88,638,302 $93,036,140 $90,526,694

4498

JOURNAL OF THE HOUSE

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
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$204,977,518 $194,722,380
$10,255,138 $45,031,225
$422,008 $13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

$204,977,518 $194,722,380 $10,255,138 $45,031,225
$422,008 $13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

$204,977,518 $194,722,380 $10,255,138 $45,031,225
$422,008 $13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

$204,977,518 $194,722,380 $10,255,138 $45,031,225
$422,008 $13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

174.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,507,563) ($1,507,563) ($1,507,563) ($1,507,563)

174.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($3,939,706) ($5,416,356) ($4,884,763)

$0

174.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$92,502

$92,502

$92,502

$92,502

174.4 Reduce funds by eliminating consumer family education sessions, training for court personnel, and the distribution of "best practice" information for use by Regional Board and Community Services Board membership.

State General Funds

($401,367)

($401,367)

($401,367)

($401,367)

174.5 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($13,403)

($13,403)

($13,403)

($13,403)

174.6 Reduce and defer funds received in HB990 (FY09G) for Oral Health Resources.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

174.7 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages (FMAP) due to increased federal participation.

WEDNESDAY, APRIL 1, 2009

4499

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,878,492)

($1,878,492)

($1,878,492) $1,878,492
$0

($1,878,492) $1,878,492
$0

174.8 Reduce funds received in HB990 (FY09G) for 135 Mental Retardation Waiver Program slots. (S:Restore funds for slots and reflect increased FMAP rate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($2,795,820) ($5,180,843) ($7,976,663)

($2,795,820) ($5,180,843) ($7,976,663)

($2,795,820) ($5,180,843) ($7,976,663)

($787,296) $787,296
$0

174.9 Increase funds for 150 Mental Retardation Waiver Program slots for the Money Follows the Person program.

State General Funds

$1,981,474

$1,981,474

$1,981,474

$1,981,474

174.10 Reduce funds from various contracts.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

174.11 Replace funds with the new provider fees raised by the Department of Community Health to annualize the provider rate increase received in HB990 (FY09G) for waiver services. (Gov Rev and S:Reduce by $1,433,784 and do not annualize the provider rate increase for waiver services due to the revised revenue estimate)

State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS

($716,892) $1,433,784
$716,892

($716,892) $0
($716,892)

($716,892) $1,433,784
$716,892

($716,892) $0
($716,892)

174.12 Increase funds to annualize the cost of 365 waiver slots on the Mental Retardation Waiver Program waiting list.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$2,509,915

$2,509,915 $514,079
$3,023,994

$2,509,915 $0
$2,509,915

$2,509,915 $0
$2,509,915

174.13 Reduce funds designated to purchase vehicles.

State General Funds

($962,957)

($962,957)

($962,957)

($962,957)

174.14 Reduce funds. (H and S:Restore funds)

Temporary Assistance for Needy Families Grant CFDA93.558

($411,234)

($411,234)

$0

$0

174.15 Reduce funds to reflect the revised revenue estimate. (S:Restore funds for Rockdale Cares)

State General Funds

($2,860,789) ($3,319,620) ($3,269,206)

174.16 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($31,622,732) $31,622,732
$0

($31,622,732) $31,622,732
$0

($31,622,732) $31,622,732
$0

4500

JOURNAL OF THE HOUSE

174.98 SAC: The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors.

State General Funds

$0

174.100-Adult Developmental Disabilities Services

Appropriation (HB 119)

The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support

and respite, job readiness, training, and a crisis and access line. Funds provided by this appropriation shall not be used to fund the privatization or transfer of

services currently provided by a state owned and operated hospital to a private vendor or vendors.

TOTAL STATE FUNDS

$196,795,209 $160,835,038 $160,907,800 $167,851,501

State General Funds

$186,540,071 $150,579,900 $150,652,662 $157,596,363

Tobacco Settlement Funds

$10,255,138 $10,255,138 $10,255,138 $10,255,138

TOTAL FEDERAL FUNDS

$39,439,148 $71,575,959 $73,351,606 $79,319,745

Federal Funds Not Itemized

$422,008

$422,008

$422,008

$422,008

Medical Assistance Program CFDA93.778

$8,380,681 $40,517,492 $41,881,905 $47,850,044

Social Services Block Grant CFDA93.667

$30,636,459 $30,636,459 $30,636,459 $30,636,459

Temporary Assistance for Needy Families

$411,234

$411,234

Temporary Assistance for Needy Families Grant CFDA93.558

$411,234

$411,234

TOTAL AGENCY FUNDS

$80,597,870 $79,164,086 $80,597,870 $79,164,086

Intergovernmental Transfers

$1,433,784

$1,433,784

Provider Fee Transfers from Dept of Community Health

$1,433,784

$1,433,784

Sales and Services

$79,164,086 $79,164,086 $79,164,086 $79,164,086

Sales and Services Not Itemized

$79,164,086 $79,164,086 $79,164,086 $79,164,086

TOTAL PUBLIC FUNDS

$316,832,227 $311,575,083 $314,857,276 $326,335,332

Adult Essential Health Treatment Services

Continuation Budget

The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and

refugees.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877
$15,853,603

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603

WEDNESDAY, APRIL 1, 2009

4501

175.1 Defer the FY09 cost of living adjustment.

State General Funds

($15,390)

($15,390)

($15,390)

($15,390)

175.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($40,218)

($55,292)

($49,865)

$0

175.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$9,203

$9,203

$9,203

$9,203

175.4 Reduce funds from the Stroke and Heart Attack Prevention Program (SHAPP).

State General Funds

($916,038)

($916,038)

($916,038)

($916,038)

175.5 Reduce funds and transfer all Cancer State Aid positions to existing federal funds.

State General Funds

($140,000)

($140,000)

($140,000)

($140,000)

175.6 Reduce and defer funds received in HB990 (FY09G) for the Georgia Commission to Save the Cure.

State General Funds

($240,000)

($240,000)

($240,000)

($240,000)

175.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($3,288,525) ($3,288,525) ($3,288,525) ($3,288,525)

175.100-Adult Essential Health Treatment Services

Appropriation (HB 119)

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

$7,769,656

$7,754,582

$7,760,009

$7,809,874

State General Funds

$1,294,656

$1,279,582

$1,285,009

$1,334,874

Tobacco Settlement Funds

$6,475,000

$6,475,000

$6,475,000

$6,475,000

TOTAL FEDERAL FUNDS

$3,452,979

$3,452,979

$3,452,979

$3,452,979

Federal Funds Not Itemized

$2,166,763

$2,166,763

$2,166,763

$2,166,763

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 PUBLIC FUNDS

$11,222,635 $11,207,561 $11,212,988 $11,262,853

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

$46,249,924 $46,249,924 $1,115,408

$46,249,924 $46,249,924 $1,115,408

$46,249,924 $46,249,924
$1,115,408

$46,249,924 $46,249,924 $1,115,408

4502

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,115,408 $275,085 $275,085 $275,085
$47,640,417

$1,115,408 $275,085 $275,085 $275,085
$47,640,417

$1,115,408 $275,085 $275,085 $275,085
$47,640,417

$1,115,408 $275,085 $275,085 $275,085
$47,640,417

176.1 Defer the FY09 cost of living adjustment.

State General Funds

($652,518)

($652,518)

($652,518)

($652,518)

176.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,705,221) ($2,344,359) ($2,114,270)

$0

176.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,674

$2,674

$2,674

$2,674

176.4 Reduce funds by eliminating two vacant forensic diversion coordinator positions.

State General Funds

($225,000)

($225,000)

($225,000)

($225,000)

176.5 Reduce funds by eliminating two vacant forensic evaluator positions and associated travel expenses.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

176.6 Reduce funds received in HB95 (FY08G) and defer the planned expansion of the forensic telemedicine pilot project.

State General Funds

($95,040)

($95,040)

($95,040)

($95,040)

176.98

SAC: The purpose of this appropriation is to provide psychological evaluations of defendants, mental health screening and evaluations, inpatient mental health treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors.

State General Funds

$0

176.100-Adult Forensic Services

Appropriation (HB 119)

The purpose of this appropriation is to provide psychological evaluations of defendants, mental health screening and evaluations, inpatient mental health

treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers. Funds provided by this appropriation shall not

be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors.

TOTAL STATE FUNDS

$43,324,819 $42,685,681 $42,915,770 $45,030,040

State General Funds

$43,324,819 $42,685,681 $42,915,770 $45,030,040

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

WEDNESDAY, APRIL 1, 2009

4503

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$275,085 $275,085 $275,085 $44,715,312

$275,085 $275,085 $275,085 $44,076,174

$275,085 $275,085 $275,085 $44,306,263

$275,085 $275,085 $275,085 $46,420,533

Adult Mental Health Services

Continuation Budget

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to adults with mental illness.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 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

$237,141,537 $237,141,537 $19,424,756
$6,620,728 $11,491,538
$93,025 $1,219,465 $1,219,465 $5,909,257
$526,000 $526,000 $5,383,257 $5,383,257 $262,475,550

$237,141,537 $237,141,537 $19,424,756
$6,620,728 $11,491,538
$93,025 $1,219,465 $1,219,465 $5,909,257
$526,000 $526,000 $5,383,257 $5,383,257 $262,475,550

$237,141,537 $237,141,537 $19,424,756
$6,620,728 $11,491,538
$93,025 $1,219,465 $1,219,465 $5,909,257
$526,000 $526,000 $5,383,257 $5,383,257 $262,475,550

$237,141,537 $237,141,537 $19,424,756
$6,620,728 $11,491,538
$93,025 $1,219,465 $1,219,465 $5,909,257
$526,000 $526,000 $5,383,257 $5,383,257 $262,475,550

177.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,982,680) ($1,982,680) ($1,982,680) ($1,982,680)

177.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($107,233)

($107,233)

($107,233)

($107,233)

177.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($5,181,327) ($7,123,352) ($6,424,224)

$0

177.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$20,845

$20,845

$20,845

$20,845

177.5 Reduce funds from new provider training and quality compliance audits of Mental Health, Developmental Disabilities, and Addictive Disease (MHDDAD) providers.

State General Funds

($201,000)

($201,000)

($201,000)

($201,000)

4504

JOURNAL OF THE HOUSE

177.6 Eliminate funds for Employee Mentoring, an internship program for people with mental illness working with MHDDAD.

State General Funds

($130,000)

($130,000)

($130,000)

($130,000)

177.7 Reduce funds by not initiating the Central Navigation Website.

State General Funds

($240,000)

($240,000)

($240,000)

($240,000)

177.8 Reduce funds for training for mental illness, developmental disabilities, and addictive diseases.

State General Funds

($174,030)

($174,030)

($174,030)

($174,030)

177.9 Eliminate funds for the Family-to-Family Program in metropolitan Atlanta.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

177.10 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($91,676)

($91,676)

$0

$0

177.11 Reduce funds from the United Way Regional Commission for mental health services.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

177.12 Reduce funds from consumer and family assistance by 60% for non-medically necessary services to support transitions from institutions to communities reflecting the historical utilization trends of the program.

State General Funds

($762,624)

($762,624)

($762,624)

($762,624)

177.13 Reduce funds from supported employment for non-medically necessary services and sustain the program through available federal funds.

State General Funds

($2,973,337) ($2,973,337) ($2,973,337) ($2,973,337)

177.14 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($510,154)

($510,154)

($510,154) $510,154
$0

($510,154) $510,154
$0

177.15 Reduce funds designated to purchase vehicles.

State General Funds

($157,500)

($157,500)

($157,500)

($157,500)

177.16 Reduce funds. (H:Partially restore funds)

Temporary Assistance for Needy Families Grant CFDA93.558

($1,219,465) ($1,219,465)

($206,965) ($1,219,465)

177.17 Reduce funds from new provider training and quality compliance audits.

State General Funds

($107,500)

($107,500)

($107,500)

($107,500)

177.18 Reduce funds from various contracts.

State General Funds

($1,673,065) ($1,673,065) ($1,673,065) ($1,673,065)

177.19 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,270,993) ($1,714,121) ($1,714,121)

177.20 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

WEDNESDAY, APRIL 1, 2009

4505

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($13,539,260) $13,539,260
$0

($13,539,260) $13,539,260
$0

($13,539,260) $13,539,260
$0

177.21 Transfer funds from the Injury Prevention program for suicide prevention activities.

State General Funds

$200,000

177.98 SAC: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors.

State General Funds

$0

177.100-Adult Mental Health Services

Appropriation (HB 119)

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for

adults with mental illnesses. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state

owned and operated hospital to a private vendor or vendors.

TOTAL STATE FUNDS

$222,695,256 $203,942,978 $206,290,654 $212,914,878

State General Funds

$222,695,256 $203,942,978 $206,290,654 $212,914,878

TOTAL FEDERAL FUNDS

$18,205,291 $31,744,551 $33,267,205 $32,254,705

Community Mental Health Services Block Grant CFDA93.958

$6,620,728

$6,620,728

$6,620,728

$6,620,728

Federal Funds Not Itemized

$11,491,538 $11,491,538 $11,491,538 $11,491,538

Medical Assistance Program CFDA93.778

$93,025 $13,632,285 $14,142,439 $14,142,439

Temporary Assistance for Needy Families

$1,012,500

Temporary Assistance for Needy Families Grant CFDA93.558

$1,012,500

TOTAL AGENCY FUNDS

$5,909,257

$5,909,257

$5,909,257

$5,909,257

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

$5,383,257

$5,383,257

$5,383,257

$5,383,257

Sales and Services Not Itemized

$5,383,257

$5,383,257

$5,383,257

$5,383,257

TOTAL PUBLIC FUNDS

$246,809,804 $241,596,786 $245,467,116 $251,078,840

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 $9,012,772 $9,012,772 $9,012,772 $11,395,955

$2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955

$2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955

$2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955

4506

JOURNAL OF THE HOUSE

178.1 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$680

$680

$680

$680

178.100-Adult Nursing Home Services

Appropriation (HB 119)

The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental retardation or developmental disabilities.

TOTAL STATE FUNDS

$2,383,863

$2,383,863

$2,383,863

$2,383,863

State General Funds

$2,383,863

$2,383,863

$2,383,863

$2,383,863

TOTAL AGENCY FUNDS

$9,012,772

$9,012,772

$9,012,772

$9,012,772

Sales and Services

$9,012,772

$9,012,772

$9,012,772

$9,012,772

Sales and Services Not Itemized

$9,012,772

$9,012,772

$9,012,772

$9,012,772

TOTAL PUBLIC FUNDS

$11,396,635 $11,396,635 $11,396,635 $11,396,635

After School Care

Continuation Budget

The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources
TOTAL PUBLIC FUNDS

$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

179.100-After School Care

Appropriation (HB 119)

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 $28,000,000 $28,000,000

Contributions, Donations, and Forfeitures

$28,000,000 $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 $28,000,000

TOTAL PUBLIC FUNDS

$42,000,000 $42,000,000 $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

$9,420,763 $9,420,763

$9,420,763 $9,420,763

$9,420,763 $9,420,763

$9,420,763 $9,420,763

WEDNESDAY, APRIL 1, 2009

4507

TOTAL FEDERAL FUNDS Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL PUBLIC FUNDS

$9,733,254 $9,733,254 $19,154,017

$9,733,254 $9,733,254 $19,154,017

$9,733,254 $9,733,254 $19,154,017

$9,733,254 $9,733,254 $19,154,017

180.1 Defer the FY09 cost of living adjustment.

State General Funds

($161,308)

($161,308)

($161,308)

($161,308)

180.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($421,546)

($579,546)

($522,666)

$0

180.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,078

$1,078

$1,078

$1,078

180.4 Reduce funds from various contracts.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

180.5 Reduce funds from training and quality compliance audits.

State General Funds

($22,500)

($22,500)

($22,500)

($22,500)

180.6 Reduce funds from third party administrators providing non-medically necessary services to support maintenance of children in the community.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

180.7 Eliminate funds for parolee outpatient services.

State General Funds

($1,180,145) ($1,180,145) ($1,180,145) ($1,180,145)

180.8 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($921)

($921)

($921) $921
$0

($921) $921
$0

180.9 Reduce funds by suspending the planned expansion of clubhouse programs.

State General Funds

($3,273,822) ($3,273,822) ($3,273,822) ($3,273,822)

180.10 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($40,745)

($40,745)

($40,745)

($40,745)

180.11 Reduce funds from child and adolescent substance abuse core services.

State General Funds

($551,986)

($551,986)

($551,986)

($551,986)

4508

JOURNAL OF THE HOUSE

180.100-Child and Adolescent Addictive Diseases Services

Appropriation (HB 119)

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

$2,668,868

$2,510,868

$2,567,748

$3,090,414

State General Funds

$2,668,868

$2,510,868

$2,567,748

$3,090,414

TOTAL FEDERAL FUNDS

$9,733,254

$9,733,254

$9,734,175

$9,734,175

Medical Assistance Program CFDA93.778

$921

$921

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$9,733,254

$9,733,254

$9,733,254

$9,733,254

TOTAL PUBLIC FUNDS

$12,402,122 $12,244,122 $12,301,923 $12,824,589

Child and Adolescent Developmental Disabilities

Continuation Budget

The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents

with developmental disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$20,819,083 $20,819,083 $6,000,595
$157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

$20,819,083 $20,819,083 $6,000,595
$157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

$20,819,083 $20,819,083
$6,000,595 $157,113
$5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

$20,819,083 $20,819,083 $6,000,595
$157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

181.1 Defer the FY09 cost of living adjustment.

State General Funds

($139,370)

($139,370)

($139,370)

($139,370)

181.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($364,215)

($500,727)

($451,583)

$0

181.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$7,023

$7,023

$7,023

$7,023

181.4 Reduce funds by eliminating consumer family education sessions, training for court personnel, and the distribution of "best practice" information for use by Regional Board and Community Services Board membership.

State General Funds

($109,167)

($109,167)

($109,167)

($109,167)

WEDNESDAY, APRIL 1, 2009

4509

181.5 Replace funds with new provider fees raised by the Department of Community Health to annualize the provider rate increase for waiver services. (Gov Rev and S:Reduce by $293,663 and do not annualize the provider rate increase for waiver services due to the revised revenue estimate change)

State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS

($146,832) $293,664 $146,832

($146,832) $0
($146,832)

($146,832) $293,664 $146,832

($146,832) $0
($146,832)

181.6 Reduce and defer funds received in HB990 (FY09G) for the Marcus Institute.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($500,000) ($500,000) ($1,000,000)

($500,000) ($500,000) ($1,000,000)

$0

($250,000)

$0

$0

$0

($250,000)

181.7 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($132,477)

($132,477)

($132,477) $132,477
$0

($132,477) $132,477
$0

181.8 Reduce and defer funds received HB990 (FY09G) for the Matthew Reardon Center.

State General Funds

($200,000)

($200,000)

$0

($100,000)

181.9 Reduce funds received in HB990 (FY09G) for 135 slots for consumers on the Mental Retardation Waiver Program (MRWP) waiting list. (S:Restore funds for slots and reflect increased FMAP rate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($572,638) ($1,061,136) ($1,633,774)

($572,638) ($1,061,136) ($1,633,774)

($572,638) ($1,061,136) ($1,633,774)

($161,254) $161,254
$0

181.10 Increase funds to annualize the cost of 365 Mental Retardation Waiver Program slots for the Money Follows the Person program.

State General Funds

$514,079

$514,079

$514,079

$514,079

181.11 Increase funds for 150 Mental Retardation Waiver Program slots for the Money Follows the Person program.

State General Funds

$405,844

$405,844

$405,844

$405,844

181.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($222,502) ($2,071,860) ($2,071,860)

181.13 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($11,120,791) $11,120,791
$0

($11,120,791) $11,120,791
$0

($11,120,791) $11,120,791
$0

181.100-Child and Adolescent Developmental Disabilities

Appropriation (HB 119)

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

$19,581,330

$8,101,525

$7,001,311

$7,514,278

State General Funds

$19,581,330

$8,101,525

$7,001,311

$7,514,278

4510

JOURNAL OF THE HOUSE

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 Intergovernmental Transfers Provider Fee Transfers from Dept of Community Health
TOTAL PUBLIC FUNDS

$4,439,459 $157,113
$4,282,346 $4,016,345 $3,722,681 $3,722,681
$293,664 $293,664 $28,037,134

$15,560,250 $157,113
$15,403,137 $3,722,681 $3,722,681 $3,722,681
$27,384,456

$16,192,727 $157,113
$16,035,614 $4,016,345 $3,722,681 $3,722,681
$293,664 $293,664 $27,210,383

$17,415,117 $157,113
$17,258,004 $3,722,681 $3,722,681 $3,722,681
$28,652,076

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

$3,103,859 $3,103,859 $3,103,859

$3,103,859 $3,103,859 $3,103,859

$3,103,859 $3,103,859 $3,103,859

$3,103,859 $3,103,859 $3,103,859

182.1 Defer the FY09 cost of living adjustment.

State General Funds

($22,687)

($22,687)

($22,687)

($22,687)

182.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($59,286)

($81,507)

($73,507)

$0

182.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,158

$1,158

$1,158

$1,158

182.100-Child and Adolescent Forensic Services

Appropriation (HB 119)

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

$3,023,044

$3,000,823

$3,008,823

$3,082,330

State General Funds

$3,023,044

$3,000,823

$3,008,823

$3,082,330

TOTAL PUBLIC FUNDS

$3,023,044

$3,000,823

$3,008,823

$3,082,330

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.

WEDNESDAY, APRIL 1, 2009

4511

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 Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010
TOTAL PUBLIC FUNDS

$90,721,809 $90,721,809 $8,677,415 $6,509,895
$162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

$90,721,809 $90,721,809 $8,677,415 $6,509,895
$162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

$90,721,809 $90,721,809
$8,677,415 $6,509,895
$162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

$90,721,809 $90,721,809 $8,677,415
$6,509,895 $162,485
$2,005,035 $51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

183.1 Defer the FY09 cost of living adjustment.

State General Funds

($453,614)

($453,614)

($453,614)

($453,614)

183.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,185,426) ($1,629,738) ($1,469,786)

$0

183.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$8,498

$8,498

$8,498

$8,498

183.4 Reduce funds and utilize agency funds for the transition of consumers from four state-operated community homes to the community.

State General Funds

($1,734,000) ($1,734,000) ($1,734,000) ($1,734,000)

183.5 Reduce funds from new provider training and quality compliance audits of Mental Health, Developmental Disabilities and Addictive Diseases (MHDDAD) providers.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($84,000) ($89,000) ($173,000)

($84,000) ($89,000) ($173,000)

($84,000) ($84,000) ($168,000)

($84,000) ($84,000) ($168,000)

183.6 Reduce funds by eliminating trauma training for clinicians and provider training on standards of practice and quality service delivery.

State General Funds

($44,315)

($44,315)

($44,315)

($44,315)

183.7 Reduce funds by cancelling the planned expansion of summer recreational programs for youth with serious emotional disturbances.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

4512

JOURNAL OF THE HOUSE

183.8 Reduce funds from the United Way Regional Commission for mental health services.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

183.9 Reduce funds and eliminate the contract with a short-term residential community service provider in Rome that has not opened due to the inability to secure a psychiatrist.

State General Funds

($723,873)

($723,873)

($723,873)

($723,873)

183.10 Defer funds for projected Medicaid rate increases.

State General Funds

($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000)

183.11 Reduce funds from third party administrators providing non-medically necessary services to support maintenance of children in the community.

State General Funds

($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000)

183.12 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($168,379)

($168,379)

($168,379) $168,379
$0

($168,379) $168,379
$0

183.13 Reduce funds from various contracts.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

183.14 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($61,117)

($61,117)

($61,117)

($61,117)

183.15 Reduce funds and utilize agency funds for the transition of child and adolescent residential services.

State General Funds

($2,411,355) ($2,411,355) ($2,411,355) ($2,411,355)

183.16 Reduce funds designated for purchase vehicles.

State General Funds

($29,250)

($29,250)

($29,250)

($29,250)

183.17 Reduce funds and utilize agency funds for the transition of child and adolescent services in the Outdoor Therapeutic Program.

State General Funds

($4,004,336) ($4,004,336) ($4,004,336) ($4,004,336)

183.18 Reduce funds from new provider training and quality compliance audits.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($597,000) ($42,000) ($639,000)

($597,000) ($42,000) ($639,000)

($597,000) ($47,000) ($644,000)

($597,000) ($47,000) ($644,000)

183.19 Reduce funds to reflect the revised revenue estimate.

State General Funds

($751,317)

($751,317)

$0

183.20 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($8,776,359) $8,776,359
$0

($8,776,359) $8,776,359
$0

($8,776,359) $8,776,359
$0

WEDNESDAY, APRIL 1, 2009

4513

183.21 Transfer funds from the Injury Prevention program for suicide prevention activities. State General Funds

$200,000

183.100-Child and Adolescent Mental Health Services

Appropriation (HB 119)

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

$72,108,642 $62,136,654 $62,296,606 $64,717,709

State General Funds

$72,108,642 $62,136,654 $62,296,606 $64,717,709

TOTAL FEDERAL FUNDS

$8,546,415 $17,322,774 $17,491,153 $17,491,153

Community Mental Health Services Block Grant CFDA93.958

$6,509,895

$6,509,895

$6,509,895

$6,509,895

Federal Funds Not Itemized

$162,485

$162,485

$162,485

$162,485

Medical Assistance Program CFDA93.778

$1,874,035 $10,650,394 $10,818,773 $10,818,773

TOTAL AGENCY FUNDS

$51,196,318 $51,196,318 $51,196,318 $51,196,318

Sales and Services

$51,196,318 $51,196,318 $51,196,318 $51,196,318

Sales and Services Not Itemized

$51,196,318 $51,196,318 $51,196,318 $51,196,318

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$192,354

$192,354

$192,354

$192,354

State Funds Transfers

$82,003

$82,003

$82,003

$82,003

Agency to Agency Contracts

$82,003

$82,003

$82,003

$82,003

Federal Funds Transfers

$110,351

$110,351

$110,351

$110,351

FF Grant to Local Educational Agencies CFDA84.010

$110,351

$110,351

$110,351

$110,351

TOTAL PUBLIC FUNDS

$132,043,729 $130,848,100 $131,176,431 $133,597,534

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 Federal Funds Not Itemized Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

184.1 Defer the FY09 cost of living adjustment. State General Funds

($75,325)

($75,325)

($75,325)

($75,325)

4514

JOURNAL OF THE HOUSE

184.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($196,847)

($270,627)

($244,066)

$0

184.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$504

$504

$504

$504

184.4 Replace funds.

State General Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($4,241,107) ($7,874,332) $12,115,439
$0

($4,241,107) ($7,874,332) $12,115,439
$0

($4,241,107) ($7,874,332) $12,115,439
$0

($4,241,107) ($7,874,332) $12,115,439
$0

184.5 Recognize funds from the American Recovery and Reinvestment Act of 2009 for time limited child care and families on the statewide waiting list.

Child Care & Development Block Grant CFDA93.575

$27,000,000 $36,000,000

184.6 Transfer funds for Family and Children's Services programs and restore to Mental Health, Developmental Disabilities, Addictive Diseases and Public Health programs. (S:Transfer to the Out of Home Care program)

Temporary Assistance for Needy Families Grant CFDA93.558

($3,500,000) ($12,115,439)

184.100-Child Care Services

Appropriation (HB 119)

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

$54,065,184 $53,991,404 $54,017,965 $54,262,031

State General Funds

$54,065,184 $53,991,404 $54,017,965 $54,262,031

TOTAL FEDERAL FUNDS

$169,839,659 $169,839,659 $193,339,659 $193,724,220

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

$64,619,903 $64,619,903 $91,619,903 $100,619,903

Federal Funds Not Itemized

$2,405,811

$2,405,811

$2,405,811

$2,405,811

Social Services Block Grant CFDA93.667

$90

$90

$90

$90

Temporary Assistance for Needy Families

$12,115,439 $12,115,439

$8,615,439

Temporary Assistance for Needy Families Grant CFDA93.558

$12,115,439 $12,115,439

$8,615,439

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

$226,404,843 $226,331,063 $249,857,624 $250,486,251

Child Support Services

Continuation Budget

The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

WEDNESDAY, APRIL 1, 2009

4515

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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

185.1 Defer the FY09 cost of living adjustment.

State General Funds

($228,796)

($228,796)

($228,796)

($228,796)

185.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($597,914)

($822,019)

($741,341)

$0

185.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,359,214

$1,359,214

$1,359,214

$1,359,214

185.4 Reduce funds to realize savings and efficiencies achieved with the transition of the Call Center from United Way.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($300,000) ($582,353) ($882,353)

($300,000) ($582,353) ($882,353)

($300,000) ($582,353) ($882,353)

($300,000) ($582,353) ($882,353)

185.5 Reduce funds from District Attorney (DA) contracts and eliminate one DA legal services contract.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($272,000) ($330,000) ($602,000)

($272,000) ($330,000) ($602,000)

($272,000) ($330,000) ($602,000)

($272,000) ($330,000) ($602,000)

185.6 Reduce funds by eliminating thirty-four vacant positions.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($504,235) ($978,809) ($1,483,044)

($504,235) ($978,809) ($1,483,044)

($504,235) ($978,809) ($1,483,044)

($504,235) ($978,809) ($1,483,044)

185.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($244,202)

($244,202)

($244,202)

4516

JOURNAL OF THE HOUSE

185.8 Reduce funds in expectation of increased federal funds through the American Recovery and Reinvestment Act of 2009.

State General Funds

($500,000)

185.9 Recognize funds from the American Recovery and Reinvestment Act of 2009 for increasing current support paid to families.

Federal Funds Not Itemized

$14,000,000

$0 $14,000,000

185.100-Child Support Services

Appropriation (HB 119)

The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

TOTAL STATE FUNDS

$24,420,191 $23,951,884 $23,532,562

State General Funds

$24,420,191 $23,951,884 $23,532,562

TOTAL FEDERAL FUNDS

$64,113,611 $64,113,611 $78,113,611

Federal Funds Not Itemized

$63,993,611 $63,993,611 $77,993,611

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

$395,760

$395,760

State Funds Transfers

$395,760

$395,760

$395,760

Agency to Agency Contracts

$395,760

$395,760

$395,760

TOTAL PUBLIC FUNDS

$91,771,062 $91,302,755 $104,883,433

$24,773,903 $24,773,903 $78,113,611 $77,993,611
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $106,124,774

Child Welfare Services

Continuation Budget

The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and

strengthen the family.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 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 TANF Transfers to Social Services Block Grant per 42 USC 604
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services

$117,613,541 $117,613,541 $179,607,884
$817,637 $4,000
$23,847,912 $32,278,994 $11,331,449
$8,264,167 $103,063,725
$77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598

$117,613,541 $117,613,541 $179,607,884
$817,637 $4,000
$23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598

$117,613,541 $117,613,541 $179,607,884
$817,637 $4,000
$23,847,912 $32,278,994 $11,331,449
$8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598

$117,613,541 $117,613,541 $179,607,884
$817,637 $4,000
$23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598

WEDNESDAY, APRIL 1, 2009

4517

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$13,667,598 $13,667,598 $13,667,598 $13,667,598 $323,659,907 $323,659,907 $323,659,907 $323,659,907

186.1 Defer the FY09 cost of living adjustment.

State General Funds

($594,912)

($594,912)

($594,912)

($594,912)

186.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($43,037)

($43,037)

($43,037)

($43,037)

186.3 Defer salary adjustments for critical jobs.

State General Funds

($2,169,459) ($2,169,459) ($2,169,459) ($2,169,459)

186.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,554,681) ($2,137,394) ($1,927,618)

$0

186.5 Reduce funds and child protective caseworkers through attrition and maintain a 15:1 caseload ratio.

State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($9,494,520) ($78,118)
($506,813) ($3,261,906) ($1,363,272) ($8,910,118) ($23,614,747)

($9,494,520) ($78,118) ($506,813)
($3,261,906) ($1,363,272) ($8,910,118) ($23,614,747)

($12,759,000) ($78,118) ($506,813)
($3,261,906) ($1,363,272) ($8,910,118) ($26,879,227)

($9,494,520) ($78,118)
($506,813) ($3,261,906) ($1,363,272) ($8,910,118) ($23,614,747)

186.6 Reduce funds from non-critical contracts by 1%.

State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

186.7 Reduce and defer funds received in HB990 (FY09G) for a Regional Assessment Center for victims of child prostitution and trafficking.

State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778

($560,000) ($3,779)
($24,516) ($157,785) ($65,944)

($560,000) ($3,779)
($24,516) ($157,785) ($65,944)

($560,000) ($3,779)
($24,516) ($157,785) ($65,944)

($560,000) ($3,779)
($24,516) ($157,785) ($65,944)

4518

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($382,077) ($1,194,101)

($382,077) ($1,194,101)

($382,077) ($1,194,101)

($382,077) ($1,194,101)

186.8 Transfer funds to the Adoptions Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($1,910,000) ($2,341,417) ($4,251,417)

($1,910,000) ($2,341,417) ($4,251,417)

($1,910,000) ($2,341,417) ($4,251,417)

($1,910,000) ($2,341,417) ($4,251,417)

186.9 Replace funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($847,083) $847,083
$0

($847,083) $847,083
$0

($847,083) $847,083
$0

($847,083) $847,083
$0

186.10 Reduce funds.

Temporary Assistance for Needy Families Grant CFDA93.558

($4,839,159) ($4,839,159) ($4,839,159) ($4,839,159)

186.11 Recognize funds from the American Recovery and Reinvestment Act of 2009 funding for foster care and adoption assistance.

Foster Care Title IV-E CFDA93.658

$13,600,000

$0

186.12 Transfer funds for the Regional Assessment Center to the Governor's Office of Children and Families.

State General Funds

($140,000)

186.100-Child Welfare Services

Appropriation (HB 119)

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

$100,239,849 $99,657,136 $96,602,432 $101,654,530

State General Funds

$100,239,849 $99,657,136 $96,602,432 $101,654,530

TOTAL FEDERAL FUNDS

$158,293,597 $158,293,597 $171,893,597 $158,293,597

CCDF Mandatory & Matching Funds CFDA93.596

$734,390

$734,390

$734,390

$734,390

Community Services Block Grant CFDA93.569

$4,000

$4,000

$4,000

$4,000

Federal Funds Not Itemized

$20,966,410 $20,966,410 $20,966,410 $20,966,410

Foster Care Title IV-E CFDA93.658

$28,802,951 $28,802,951 $42,402,951 $28,802,951

Medical Assistance Program CFDA93.778

$10,725,764 $10,725,764 $10,725,764 $10,725,764

Social Services Block Grant CFDA93.667

$8,264,167

$8,264,167

$8,264,167

$8,264,167

Temporary Assistance for Needy Families

$88,795,915 $88,795,915 $88,795,915 $88,795,915

Temporary Assistance for Needy Families Grant CFDA93.558

$62,995,915 $62,995,915 $62,995,915 $62,995,915

TANF Transfers to Social Services Block Grant per 42 USC 604

$25,800,000 $25,800,000 $25,800,000 $25,800,000

TOTAL AGENCY FUNDS

$26,438,482 $26,438,482 $26,438,482 $26,438,482

Reserved Fund Balances

$12,770,884 $12,770,884 $12,770,884 $12,770,884

Reserved Fund Balances Not Itemized

$12,770,884 $12,770,884 $12,770,884 $12,770,884

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

$284,971,928 $284,389,215 $294,934,511 $286,386,609

WEDNESDAY, APRIL 1, 2009

4519

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 Contributions, Donations, and Forfeitures 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 PUBLIC FUNDS

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846
$220,001 $32,601,134 $8,122,505
$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846
$220,001 $32,601,134 $8,122,505
$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846
$220,001 $32,601,134 $8,122,505
$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846
$220,001 $32,601,134 $8,122,505
$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

187.1 Defer the FY09 cost of living adjustment for the Division of Family and Children Services.

State General Funds

($484,041)

($484,041)

($484,041)

($484,041)

187.2 Defer the FY09 cost of living adjustment for the Division of Aging.

State General Funds

($23,572)

($23,572)

($23,572)

($23,572)

187.3 Defer structure adjustments to the statewide salary plan for the Division of Family and Children Services.

State General Funds

($53,782)

($53,782)

($53,782)

($53,782)

187.4 Defer structure adjustments to the statewide salary plan for the Division of Aging.

State General Funds

($2,619)

($2,619)

($2,619)

($2,619)

187.5 Reduce funds to reflect the adjustment in the employer share of State Health Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Family and Children

4520

JOURNAL OF THE HOUSE

Services. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Family and Children Services)

State General Funds

($1,274,211) ($1,751,801) ($1,579,869)

$0

187.6

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Aging. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Aging)

State General Funds

($62,052)

($85,310)

($76,937)

$0

187.7 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Family and Children Services.

State General Funds

$499,706

$499,706

$499,706

$499,706

187.8 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Aging.

State General Funds

$3,618

$3,618

$3,618

$3,618

187.9 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration.

Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($351) ($1,054,647)
($315,655) ($2,108)
($19,674) ($414,724) ($1,807,159)

($351) ($1,054,647)
($315,655) ($2,108)
($19,674) ($414,724) ($1,807,159)

($351) ($1,054,647)
($315,655) ($2,108) ($19,674)
($414,724) ($1,807,159)

($351) ($1,054,647)
($315,655) ($2,108) ($19,674)
($414,724) ($1,807,159)

187.10 Reduce funds to reflect the indirect cost loss as a result of reductions taken in the Division of Family and Children Services (DFCS).

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 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($143,922) ($72,752) ($10,972) ($116,343) ($187,612)
($3,657) ($34,992) ($700,249) ($1,270,499)

($143,922) ($72,752) ($10,972) ($116,343) ($187,612) ($3,657) ($34,992) ($700,249) ($1,270,499)

($143,922) ($72,752) ($10,972)
($116,343) ($187,612)
($3,657) ($34,992) ($700,249) ($1,270,499)

($143,922) ($72,752) ($10,972)
($116,343) ($187,612)
($3,657) ($34,992) ($700,249) ($1,270,499)

187.11 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration of the Division of Aging.

WEDNESDAY, APRIL 1, 2009

4521

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($109,259) ($109,259)

($109,259) ($109,259)

($109,259) ($109,259)

($109,259) ($109,259)

187.12 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Information Technology.

CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($58,672) ($1,463,052)
($112,605) ($1,634,329)

($58,672) ($1,463,052)
($112,605) ($1,634,329)

($58,672) ($1,463,052)
($112,605) ($1,634,329)

($58,672) ($1,463,052)
($112,605) ($1,634,329)

187.13 Reduce funds by 6% for the Division of Family and Children Services.

State General Funds

($1,904,302) ($1,904,302) ($1,904,302) ($1,904,302)

187.14 Reduce funds by 6% for the Division of Aging.

State General Funds

($171,930)

($171,930)

($171,930)

($171,930)

187.15 Reduce funds to reflect the revised revenue estimate for the Division of Family and Children Services.

State General Funds

($372,592)

($372,592)

($372,592)

187.16 Reduce funds to reflect the revised revenue estimate for the Division of Aging.

State General Funds

($17,259)

($17,259)

($17,259)

187.17 Reduce funds for the Division of Family and Children Services Regional Offices.

State General Funds

($500,000)

$0

187.18 Reduce funds from the Office of Investigative Services and Inspector General.

State General Funds

($80,860)

$0

187.19 Reduce merit system assessments from $147 to $137 per position for the Division of Family and Children Services.

State General Funds

($45,432)

($45,432)

187.20 Reduce merit system assessments from $147 to $137 per position for the Division of Aging.

State General Funds

($2,212)

($2,212)

187.97 Transfer funds and activities related to the administration of Public Health to the newly created Departmental Administration-Public Health program.

State General Funds Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($20,305,550) ($2,975,647) ($31,070) ($1,182,023) ($1,134,462) ($25,628,752)

($20,305,550) ($2,975,647) ($31,070) ($1,182,023) ($1,134,462) ($25,628,752)

($20,305,550) ($2,975,647) ($31,070) ($1,182,023) ($1,134,462) ($25,628,752)

($20,305,550) ($2,975,647)
($31,070) ($1,182,023) ($1,134,462) ($25,628,752)

187.98 Transfer funds and activities related to the administration of Mental Health, Addictive Diseases, and Developmental Disabilities to the newly created Departmental Administration-Behavioral Health program.

State General Funds Federal Funds Not Itemized

($31,609,268) ($31,609,268) ($31,609,268) ($31,609,268)

($30,363)

($30,363)

($30,363)

($30,363)

4522

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Grant CFDA93.558 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

($2,634,405) ($2,915)
($34,276,951)

($2,634,405) ($2,915)
($34,276,951)

($2,634,405) ($2,915)
($34,276,951)

($2,634,405) ($2,915)
($34,276,951)

187.100-Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office.

TOTAL STATE FUNDS

$38,776,938 $37,886,239 $37,438,040

State General Funds

$38,645,143 $37,754,444 $37,306,245

Tobacco Settlement Funds

$131,795

$131,795

$131,795

TOTAL FEDERAL FUNDS

$71,374,348 $71,374,348 $71,374,348

CCDF Mandatory & Matching Funds CFDA93.596

$2,921,700

$2,921,700

$2,921,700

Child Care & Development Block Grant CFDA93.575

$1,596,094

$1,596,094

$1,596,094

Community Services Block Grant CFDA93.569

$208,678

$208,678

$208,678

Federal Funds Not Itemized

$26,851,823 $26,851,823 $26,851,823

Foster Care Title IV-E CFDA93.658

$7,619,238

$7,619,238

$7,619,238

Low-Income Home Energy Assistance CFDA93.568

$278,799

$278,799

$278,799

Medical Assistance Program CFDA93.778

$11,781,646 $11,781,646 $11,781,646

Social Services Block Grant CFDA93.667

$9,932,798

$9,932,798

$9,932,798

Temporary Assistance for Needy Families

$10,183,572 $10,183,572 $10,183,572

Temporary Assistance for Needy Families Grant CFDA93.558

$10,183,572 $10,183,572 $10,183,572

TOTAL AGENCY FUNDS

$6,962,350

$6,962,350

$6,962,350

Contributions, Donations, and Forfeitures

$18,274

$18,274

$18,274

Contributions, Donations, and Forfeitures Not Itemized

$18,274

$18,274

$18,274

Royalties and Rents

$2,729,126

$2,729,126

$2,729,126

Royalties and Rents Not Itemized

$2,729,126

$2,729,126

$2,729,126

Sales and Services

$4,214,950

$4,214,950

$4,214,950

Sales and Services Not Itemized

$4,214,950

$4,214,950

$4,214,950

TOTAL PUBLIC FUNDS

$117,113,636 $116,222,937 $115,774,738

$39,675,706 $39,543,911
$131,795 $71,374,348 $2,921,700 $1,596,094
$208,678 $26,851,823 $7,619,238
$278,799 $11,781,646 $9,932,798 $10,183,572 $10,183,572 $6,962,350
$18,274 $18,274 $2,729,126 $2,729,126 $4,214,950 $4,214,950 $118,012,404

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
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668 $266,668 $148,000 $148,000

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668 $266,668 $148,000 $148,000

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668 $266,668 $148,000 $148,000

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668 $266,668 $148,000 $148,000

WEDNESDAY, APRIL 1, 2009

4523

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326

$41,091,674 $41,091,674
$5,155,534 $5,155,534 $5,155,534 $172,502,326

$41,091,674 $41,091,674
$5,155,534 $5,155,534 $5,155,534 $172,502,326

$41,091,674 $41,091,674 $5,155,534 $5,155,534
$5,155,534 $172,502,326

188.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,205,756) ($2,205,756) ($2,205,756) ($2,205,756)

188.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($3,044,766) ($4,185,982) ($3,775,145)

$0

188.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$245,011

$245,011

$245,011

$245,011

188.4 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($103,639)

($103,639)

($103,639) $103,639
$0

($103,639) $103,639
$0

188.5 Reduce funds designated to purchase vehicles.

State General Funds

($135,164)

($135,164)

($135,164)

($135,164)

188.98 SAC: The purpose of this appropriation is to operate seven state-owned and operated hospitals. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state-owned and operated hospital to a private vendor or vendors.

State General Funds

$0

188.100-Direct Care and Support Services

Appropriation (HB 119)

The purpose of this appropriation is to operate seven state-owned and operated hospitals. Funds provided by this appropriation shall not be used to fund the

privatization or transfer of services currently provided by a state-owned and operated hospital to a private vendor or vendors.

TOTAL STATE FUNDS

$117,390,610 $116,249,394 $116,660,231 $120,435,376

State General Funds

$117,390,610 $116,249,394 $116,660,231 $120,435,376

TOTAL FEDERAL FUNDS

$3,205,526

$3,205,526

$3,309,165

$3,309,165

Federal Funds Not Itemized

$3,205,526

$3,205,526

$3,205,526

$3,205,526

Medical Assistance Program CFDA93.778

$103,639

$103,639

TOTAL AGENCY FUNDS

$41,506,342 $41,506,342 $41,506,342 $41,506,342

4524

JOURNAL OF THE HOUSE

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

$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $167,258,012

$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $166,116,796

$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $166,631,272

$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $170,406,417

Elder Abuse Investigations and Prevention

Continuation Budget

The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might

have occurred.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,577,451 $14,577,451 $3,751,496
$793,894 $678,063 $2,279,539
$76,015 $76,015 $76,015 $18,404,962

$14,577,451 $14,577,451 $3,751,496
$793,894 $678,063 $2,279,539
$76,015 $76,015 $76,015 $18,404,962

$14,577,451 $14,577,451
$3,751,496 $793,894 $678,063
$2,279,539 $76,015 $76,015 $76,015
$18,404,962

$14,577,451 $14,577,451 $3,751,496
$793,894 $678,063 $2,279,539
$76,015 $76,015 $76,015 $18,404,962

189.1 Defer the FY09 cost of living adjustment.

State General Funds

($91,322)

($91,322)

($91,322)

($91,322)

189.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($238,651)

($328,100)

($295,898)

$0

189.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$19,943

$19,943

$19,943

$19,943

189.4 Reduce funds by eliminating the filled guardianship position and utilize existing Adult Protection Services staff to serve clients.

State General Funds

($77,880)

($77,880)

($77,880)

($77,880)

189.5 Eliminate funds for the Public Guardianship program.

WEDNESDAY, APRIL 1, 2009

4525

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

189.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($146,829)

($146,829)

($146,829)

189.7 Reduce funds for Targeted Case Management to conform with expiration of billing dates per the American Recovery and Reinvestment Act of 2009.

Medical Assistance Program CFDA93.778

($687,000)

($678,063)

189.100-Elder Abuse Investigations and Prevention

Appropriation (HB 119)

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

$13,939,541 $13,703,263 $13,735,465 $14,031,363

State General Funds

$13,939,541 $13,703,263 $13,735,465 $14,031,363

TOTAL FEDERAL FUNDS

$3,751,496

$3,751,496

$3,064,496

$3,073,433

Federal Funds Not Itemized

$793,894

$793,894

$793,894

$793,894

Medical Assistance Program CFDA93.778

$678,063

$678,063

($8,937)

Social Services Block Grant CFDA93.667

$2,279,539

$2,279,539

$2,279,539

$2,279,539

TOTAL AGENCY FUNDS

$76,015

$76,015

$76,015

$76,015

Sales and Services

$76,015

$76,015

$76,015

$76,015

Sales and Services Not Itemized

$76,015

$76,015

$76,015

$76,015

TOTAL PUBLIC FUNDS

$17,767,052 $17,530,774 $16,875,976 $17,180,811

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 AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259
$3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600
$120,097,240

$78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259 $3,761,430
$121,742 $118,142 $118,142
$3,600 $3,600 $120,097,240

$78,540,174 $74,875,441
$3,664,733 $41,435,324 $23,908,635 $13,765,259
$3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600
$120,097,240

$78,540,174 $74,875,441
$3,664,733 $41,435,324 $23,908,635 $13,765,259
$3,761,430 $121,742 $118,142 $118,142 $3,600 $3,600
$120,097,240

190.1 Defer the FY09 cost of living adjustment. State General Funds

($7,031)

($7,031)

($7,031)

($7,031)

4526

JOURNAL OF THE HOUSE

190.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($18,372)

($25,259)

($22,780)

$0

190.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,696

$5,696

$5,696

$5,696

190.4 Reduce funds from the Senior Connections contract in DeKalb County.

State General Funds

($20,000)

($20,000)

$0

($20,000)

190.5 Reduce funds from the Haralson County Senior Center contract for congregate meals.

State General Funds

($15,000)

($15,000)

$0

($15,000)

190.6 Eliminate funds for Alzheimer's Congregational Respite training.

State General Funds

($96,000)

($96,000)

($96,000)

($96,000)

190.7 Eliminate funds for Naturally Occurring Retirement Communities (NORCs) contract services provided at the Metro-Atlanta and Savannah sites.

State General Funds

($295,000)

($295,000)

($275,000)

($225,000)

190.8 Eliminate funds from "Wellness: Take Charge of Your Health" and eliminate associated vacant state office position.

State General Funds

($402,169)

($402,169)

($402,169)

($402,169)

190.9 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($7,057)

($7,057)

($7,057)

($7,057)

190.10 Transfer state funds to Elder Support Services Program and replace with tobacco funds.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

($1,409,144) $1,409,144
$0

($1,409,144) $1,409,144
$0

($1,409,144) $1,409,144
$0

($1,409,144) $1,409,144
$0

190.11 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($981,538)

($981,538)

($981,538)

$0

$981,538

$0

$0

$0

190.12 Replace funds received in HB990 (FY09G) for a 3% provider rate increase for the Community Care Services Program (CCSP) with new provider fees raised by the Department of Community Health. (Gov Rev and S:Reduce by $1,350,227 and do not fund a CCSP provider rate increase due to the revised revenue estimate)

State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS

($1,350,227) $1,350,227
$0

($1,350,227) $0
($1,350,227)

($1,350,227) $1,350,227
$0

($1,350,227) $0
($1,350,227)

WEDNESDAY, APRIL 1, 2009

4527

190.13 Reduce funds from Alzheimer's Services for a loss of 20,500 hours of day care and mobile day care annually.

State General Funds

($415,281)

($415,281)

($190,281)

($190,281)

190.14 Reduce funds by eliminating four positions employed by regional contractors to coordinate wellness and nutrition programs.

State General Funds

($560,330)

($560,330)

($560,330)

($560,330)

190.15 Reduce funds from respite contracts for services including day care, homemaker, and personal care.

State General Funds

($2,873,282) ($2,873,282) ($2,723,282)

$0

190.16 Reduce funds to reflect the revised revenue estimate.

State General Funds

($664,307)

($664,307)

($664,307)

190.17 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($11,411,119) $11,411,119
$0

($11,411,119) $11,411,119
$0

($11,411,119) $11,411,119
$0

190.100-Elder Community Living Services

Appropriation (HB 119)

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

$71,504,583 $59,422,270 $59,854,749 $63,597,349

State General Funds

$66,430,706 $54,348,393 $54,780,872 $58,523,472

Tobacco Settlement Funds

$5,073,877

$5,073,877

$5,073,877

$5,073,877

TOTAL FEDERAL FUNDS

$41,435,324 $52,846,443 $53,827,981 $52,846,443

Federal Funds Not Itemized

$23,908,635 $23,908,635 $23,908,635 $23,908,635

Medical Assistance Program CFDA93.778

$13,765,259 $25,176,378 $26,157,916 $25,176,378

Social Services Block Grant CFDA93.667

$3,761,430

$3,761,430

$3,761,430

$3,761,430

TOTAL AGENCY FUNDS

$1,471,969

$121,742

$1,471,969

$121,742

Contributions, Donations, and Forfeitures

$118,142

$118,142

$118,142

$118,142

Contributions, Donations, and Forfeitures Not Itemized

$118,142

$118,142

$118,142

$118,142

Intergovernmental Transfers

$1,350,227

$1,350,227

Provider Fee Transfers from Dept of Community Health

$1,350,227

$1,350,227

Sales and Services

$3,600

$3,600

$3,600

$3,600

Sales and Services Not Itemized

$3,600

$3,600

$3,600

$3,600

TOTAL PUBLIC FUNDS

$114,411,876 $112,390,455 $115,154,699 $116,565,534

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

$4,586,229 $2,059,156 $2,527,073 $5,901,407

$4,586,229 $2,059,156 $2,527,073 $5,901,407

$4,586,229 $2,059,156 $2,527,073 $5,901,407

$4,586,229 $2,059,156 $2,527,073 $5,901,407

4528

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$5,901,407 $10,487,636

$5,901,407 $10,487,636

$5,901,407 $10,487,636

$5,901,407 $10,487,636

191.1 Defer the FY09 cost of living adjustment.

State General Funds

($573)

($573)

($573)

($573)

191.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,497)

($2,059)

($1,857)

$0

191.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,268

$1,268

$1,268

$1,268

191.4 Eliminate funds for Naturally Occurring Retirement Communities (NORCs) contract services provided at the Metro-Atlanta and Savannah sites.

State General Funds

($280,000)

($280,000)

($280,000)

($205,000)

191.5 Reduce and defer funds received in HB990 (FY09G) for the Nutritional Services Incentive Program for Meals on Wheels and congregate meals for atrisk seniors. (H and S:Recognize funds from the American Recovery and Reinvestment Act of 2009 for the Nutritional Services Incentive Program)

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($1,045,000)

($1,045,000)

($1,045,000) $1,045,000
$0

($1,045,000) $1,045,000
$0

191.6 Transfer tobacco funds to the Elder Community Services Program and replace with state funds.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

$1,409,144 ($1,409,144)
$0

$1,409,144 ($1,409,144)
$0

$1,409,144 ($1,409,144)
$0

$1,409,144 ($1,409,144)
$0

191.7 Eliminate funds for the Life Long Planning program and eliminate associated vacant state office position.

State General Funds

($1,040,891) ($1,040,891) ($1,040,891) ($1,040,891)

191.8 Eliminate funds for the GeorgiaCares Prescription Assistance Program and eliminate the associated vacant state office position.

State General Funds

($358,220)

($358,220)

($358,220)

($358,220)

191.100-Elder Support Services

Appropriation (HB 119)

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

$1,861,316

$1,860,754

$1,860,956

$1,937,813

State General Funds

$743,387

$742,825

$743,027

$819,884

Tobacco Settlement Funds

$1,117,929

$1,117,929

$1,117,929

$1,117,929

TOTAL FEDERAL FUNDS

$5,901,407

$5,901,407

$6,946,407

$6,946,407

WEDNESDAY, APRIL 1, 2009

4529

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$5,901,407 $7,762,723

$5,901,407 $7,762,161

$6,946,407 $8,807,363

$6,946,407 $8,884,220

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 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 Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$56,870,673 $56,870,673 $64,692,923 $4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

$56,870,673 $56,870,673 $64,692,923
$4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

$56,870,673 $56,870,673 $64,692,923
$4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

$56,870,673 $56,870,673 $64,692,923
$4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

192.1 Defer the FY09 cost of living adjustment.

State General Funds

($127,799)

($127,799)

($127,799)

($127,799)

192.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($333,978)

($465,631)

($419,931)

$0

192.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,453,550

$2,453,550

$2,453,550

$2,453,550

192.4 Reduce funds through attrition.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($2,574,256) ($1,198,011) ($3,772,267)

($2,574,256) ($1,198,011) ($3,772,267)

($2,574,256) ($1,198,011) ($3,772,267)

($2,574,256) ($1,198,011) ($3,772,267)

192.100-Eligibility Determination

Appropriation (HB 119)

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.

4530

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL 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 Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$56,288,190 $56,288,190 $63,494,912 $4,993,663 $1,982,030
$346,557 $55,672,662
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $123,970,499

$56,156,537 $56,156,537 $63,494,912 $4,993,663 $1,982,030
$346,557 $55,672,662
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $123,838,846

$56,202,237 $56,202,237 $63,494,912 $4,993,663 $1,982,030
$346,557 $55,672,662
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $123,884,546

$56,622,168 $56,622,168 $63,494,912 $4,993,663 $1,982,030
$346,557 $55,672,662
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $124,304,477

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 Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

193.1 Defer the FY09 cost of living adjustment.

State General Funds

($9,134)

($9,134)

($9,134)

($9,134)

193.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($23,869)

($32,816)

($29,595)

$0

193.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$16,196

$16,196

$16,196

$16,196

193.4 Reduce funds by eliminating three vacant positions.

State General Funds

($125,854)

($125,854)

($125,854)

($125,854)

193.5 Reduce funds from the antiviral storage contract.

WEDNESDAY, APRIL 1, 2009

4531

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

193.6 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($7,540)

($7,540)

($7,540)

($7,540)

193.7 Reduce funds from Trauma Center contracts.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

193.8

Increase funds for the Georgia Trauma Network Commission (GTNC) with funds raised from additional license reinstatement fees from drivers who violate speed limits, excessively or repeatedly violate traffic laws, and with funds from new provider fees in the Department of Community Health. (Gov Rev:Reduce funds by $37,000,000 due to the revised revenue estimate)(H:Reflect Super Speeder revenue ($23,000,000) per HB160 (2009 Session) and increase funds ($10,000,000). Transfer 11% of trauma appropriation to the Department of Community Health to provide EMS with a rate increase to cover uncompensated care)(S:Reduce funds by $37,000,000 due to the revised revenue estimate)

State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS

$23,000,000 $37,000,000 $60,000,000

$23,000,000 $0
$23,000,000

$33,000,000 $0
$33,000,000

$23,000,000 $0
$23,000,000

193.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($1,937,188) ($1,937,188) ($1,937,188) ($1,937,188)

193.100-Emergency Preparedness / Trauma System Improvement

Appropriation (HB 119)

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

$26,214,314 $26,205,367 $36,208,588 $26,238,183

State General Funds

$26,214,314 $26,205,367 $36,208,588 $26,238,183

TOTAL FEDERAL FUNDS

$42,726,666 $42,726,666 $42,726,666 $42,726,666

Federal Funds Not Itemized

$41,171,412 $41,171,412 $41,171,412 $41,171,412

Maternal & Child Health Services Block Grant CFDA93.994

$407,750

$407,750

$407,750

$407,750

Preventive Health & Health Services Block Grant CFDA93.991

$1,147,504

$1,147,504

$1,147,504

$1,147,504

TOTAL AGENCY FUNDS

$37,000,000

Intergovernmental Transfers

$37,000,000

Provider Fee Transfers from Dept of Community Health

$37,000,000

TOTAL PUBLIC FUNDS

$105,940,980 $68,932,033 $78,935,254 $68,964,849

Energy Assistance

Continuation Budget

The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures

$0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904

$0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904

$0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904

$0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904

4532

JOURNAL OF THE HOUSE

Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers
Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$804,904 $3,579,548 $3,579,548 $28,665,632

$804,904 $3,579,548 $3,579,548 $28,665,632

$804,904 $3,579,548 $3,579,548 $28,665,632

194.100-Energy Assistance

Appropriation (HB 119)

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

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

$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

$804,904 $3,579,548 $3,579,548 $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
$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

195.1 Defer the FY09 cost of living adjustment.

State General Funds

($23,079)

($23,079)

($23,079)

($23,079)

195.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

WEDNESDAY, APRIL 1, 2009

4533

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($60,314)

($82,921)

($74,783)

$0

195.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,778

$1,778

$1,778

$1,778

195.4 Reduce funds by eliminating three vacant positions.

State General Funds

($139,954)

($139,954)

($139,954)

($139,954)

195.5 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($1,130)

($1,130)

($1,130)

($1,130)

195.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($1,383,026) ($1,383,026) ($1,383,026) ($1,383,026)

195.100 -Epidemiology

Appropriation (HB 119)

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

TOTAL STATE FUNDS

$4,390,877

$4,368,270

$4,376,408

State General Funds

$4,275,240

$4,252,633

$4,260,771

Tobacco Settlement Funds

$115,637

$115,637

$115,637

TOTAL FEDERAL FUNDS

$6,419,324

$6,419,324

$6,419,324

Federal Funds Not Itemized

$6,017,054

$6,017,054

$6,017,054

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

$53,000

$53,000

$53,000

Contributions, Donations, and Forfeitures

$53,000

$53,000

$53,000

Contributions, Donations, and Forfeitures Not Itemized

$53,000

$53,000

$53,000

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

$10,916,021 $10,893,414 $10,901,552

$4,451,191 $4,335,554
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $10,976,335

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

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861

4534

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$70,000 $70,000 $70,000 $16,414,270

$70,000 $70,000 $70,000 $16,414,270

$70,000 $70,000 $70,000 $16,414,270

$70,000 $70,000 $70,000 $16,414,270

196.1 Defer the FY09 cost of living adjustment.

State General Funds

($54,807)

($54,807)

($54,807)

($54,807)

196.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($143,226)

($196,909)

($177,583)

$0

196.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$10,574

$10,574

$10,574

$10,574

196.4 Reduce funds by eliminating the rules coordinator and mid-level management positions of the centralized complaint intake unit.

State General Funds

($148,871)

($148,871)

($148,871)

($148,871)

196.5 Reduce funds from the contract with the State Fire Marshall's Office for federal life safety inspections of residential healthcare facilities by 1%.

State General Funds

($3,200)

($3,200)

($3,200)

($3,200)

196.6 Reduce funds by eliminating one vacant personal care home (PCH) surveyor position.

State General Funds

($77,771)

($77,771)

($77,771)

($77,771)

196.7 Reduce funds by eliminating one vacant diagnostic surveyor position.

State General Funds

($44,989)

($44,989)

($44,989)

($44,989)

196.8 Reduce funds from Adult Day Care by eliminating two positions.

State General Funds

($181,841)

($181,841)

($181,841)

$0

196.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($21,238)

($21,238)

($21,238)

196.10 Reduce funds to reflect additional savings through service efficiencies.

State General Funds

($250,000)

($250,000)

196.96 Transfer funds and activities for the Office of Regulatory Services to the Department of Community Health (DCH), Health Care Access and Improvement program per SB433 (2008 Session). (S:Transfer funds and activities to the new Planning and Regulatory Services program in the Department of Community Health)

State General Funds Federal Funds Not Itemized

($5,991,346) ($1,925,154)

($5,991,346) ($1,925,154)

($5,991,346) ($1,925,154)

($5,991,346) ($1,925,154)

WEDNESDAY, APRIL 1, 2009

4535

Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($2,064,983) ($9,981,483)

($2,064,983) ($9,981,483)

($2,064,983) ($9,981,483)

($2,064,983) ($9,981,483)

196.97 Transfer funds for additional administrative overhead for the Office of Regulatory Services to the new Planning and Regulatory Services program in the Department of Community Health.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($107,129) ($55,538) ($162,667)

196.98 Transfer remaining funds and activities related to the inspection and licensure of long term care and health care facilities that were not specifically identified in SB433 (2008 Session) to the new Planning and Regulatory Services program in the Department of Community Health.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($838,204) ($1,441,305) ($2,279,509)

196.99

SAC: The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. House: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. Gov Rev: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. Governor: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities.

State General Funds

$0

$0

$0

196.100-Facility and Provider Regulation

Appropriation (HB 119)

The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies.

TOTAL STATE FUNDS

$2,123,791

$2,048,870

$1,818,196

State General Funds

$2,123,791

$2,048,870

$1,818,196

TOTAL FEDERAL FUNDS

$3,594,865

$3,594,865

$3,594,865

Federal Funds Not Itemized

$2,905,419

$2,905,419

$2,905,419

Foster Care Title IV-E CFDA93.658

$312,568

$312,568

$312,568

Medical Assistance Program CFDA93.778

$376,878

$376,878

$376,878

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

$5,788,656

$5,713,735

$5,483,061

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

$6,151,950 $6,151,950 $7,848,758 $2,083,044

$6,151,950 $6,151,950 $7,848,758 $2,083,044

$6,151,950 $6,151,950 $7,848,758 $2,083,044

$0
$1,232,287 $1,232,287 $2,098,022 $1,408,576
$312,568 $376,878
$70,000 $70,000 $70,000 $3,400,309
$6,151,950 $6,151,950 $7,848,758 $2,083,044

4536

JOURNAL OF THE HOUSE

Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

$200,470 $5,565,244 $5,565,244 $14,000,708

$200,470 $5,565,244 $5,565,244 $14,000,708

$200,470 $5,565,244 $5,565,244 $14,000,708

$200,470 $5,565,244 $5,565,244 $14,000,708

197.1 Reduce funds received in HB990 (FY09G) for domestic violence centers.

State General Funds

($815,000)

($815,000)

($615,000)

($615,000)

197.2 Reduce funds received in HB990 (FY09G) for rape crisis centers.

State General Funds

($635,000)

($635,000)

($535,000)

($535,000)

197.99

SAC: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. House: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Gov Rev: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Governor: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state.

State General Funds

$0

$0

$0

$0

197.100-Family Violence Services

Appropriation (HB 119)

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide

education about family violence to communities across the state.

TOTAL STATE FUNDS

$4,701,950

$4,701,950

$5,001,950

$5,001,950

State General Funds

$4,701,950

$4,701,950

$5,001,950

$5,001,950

TOTAL FEDERAL FUNDS

$7,848,758

$7,848,758

$7,848,758

$7,848,758

Federal Funds Not Itemized

$2,083,044

$2,083,044

$2,083,044

$2,083,044

Preventive Health & Health Services Block Grant CFDA93.991

$200,470

$200,470

$200,470

$200,470

Temporary Assistance for Needy Families

$5,565,244

$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

$5,565,244

TOTAL PUBLIC FUNDS

$12,550,708 $12,550,708 $12,850,708 $12,850,708

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

$0 $0 $21,966,009

$0 $0 $21,966,009

$0 $0 $21,966,009

$0 $0 $21,966,009

WEDNESDAY, APRIL 1, 2009

4537

TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS

$21,966,009 $21,966,009

$21,966,009 $21,966,009

$21,966,009 $21,966,009

$21,966,009 $21,966,009

198.1 Reduce funds. TANF Unobligated Balance per 42 USC 604

($9,818,557) ($9,818,557) ($9,818,557) ($9,818,557)

198.100-Federal Unobligated Balances

Appropriation (HB 119)

The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided.

TOTAL FEDERAL FUNDS

$12,147,452 $12,147,452 $12,147,452

TANF Unobligated Balance per 42 USC 604

$12,147,452 $12,147,452 $12,147,452

TOTAL PUBLIC FUNDS

$12,147,452 $12,147,452 $12,147,452

$12,147,452 $12,147,452 $12,147,452

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

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409 $12,409 $93,658,984

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409 $12,409 $93,658,984

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409 $12,409 $93,658,984

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409 $12,409 $93,658,984

199.1 Defer the FY09 cost of living adjustment.

State General Funds

($204,350)

($204,350)

($204,350)

($204,350)

199.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($534,029)

($734,190)

($662,132)

$0

199.3 Reduce funds through attrition.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($2,192,884) ($1,056,296) ($3,249,180)

($2,192,884) ($1,056,296) ($3,249,180)

($2,192,884) ($1,056,296) ($3,249,180)

($2,192,884) ($1,056,296) ($3,249,180)

199.4 Recognize funds from the American Recovery and Reinvestment Act of 2009 for food stamp caseload growth.

4538

JOURNAL OF THE HOUSE

Federal Funds Not Itemized

$2,000,000

$2,000,000

199.100-Food Stamp Eligibility and Benefits

Appropriation (HB 119)

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

$36,659,226 $36,459,065 $36,531,123 $37,193,255

State General Funds

$36,659,226 $36,459,065 $36,531,123 $37,193,255

TOTAL FEDERAL FUNDS

$52,999,790 $52,999,790 $54,999,790 $54,999,790

Federal Funds Not Itemized

$52,999,790 $52,999,790 $54,999,790 $54,999,790

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

$89,671,425 $89,471,264 $91,543,322 $92,205,454

Immunization

Continuation Budget

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,962,587 $11,962,587 $15,888,264 $7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

$11,962,587 $11,962,587 $15,888,264
$7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

$11,962,587 $11,962,587 $15,888,264
$7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

$11,962,587 $11,962,587 $15,888,264
$7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

200.1 Defer the FY09 cost of living adjustment.

State General Funds

($40,230)

($40,230)

($40,230)

($40,230)

200.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($105,132)

($144,537)

($130,351)

$0

200.3 Replace funds for the purchase of Rotavirus vaccines for uninsured infants.

WEDNESDAY, APRIL 1, 2009

4539

State General Funds Maternal & Child Health Services Block Grant CFDA93.994 TOTAL PUBLIC FUNDS

($402,131) $402,131
$0

($402,131) $402,131
$0

($402,131) $402,131
$0

200.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($8,767,321) ($8,767,321) ($8,767,321)

($402,131) $402,131
$0
($8,767,321)

200.100 -Immunization

Appropriation (HB 119)

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS

$2,647,773

$2,608,368

$2,622,554

State General Funds

$2,647,773

$2,608,368

$2,622,554

TOTAL FEDERAL FUNDS

$16,290,395 $16,290,395 $16,290,395

Federal Funds Not Itemized

$7,100,850

$7,100,850

$7,100,850

Maternal & Child Health Services Block Grant CFDA93.994

$7,164,877

$7,164,877

$7,164,877

Medical Assistance Program CFDA93.778

$1,320,956

$1,320,956

$1,320,956

Preventive Health & Health Services Block Grant CFDA93.991

$703,712

$703,712

$703,712

TOTAL AGENCY FUNDS

$469,946

$469,946

$469,946

Sales and Services

$469,946

$469,946

$469,946

Sales and Services Not Itemized

$469,946

$469,946

$469,946

TOTAL PUBLIC FUNDS

$19,408,114 $19,368,709 $19,382,895

$2,752,905 $2,752,905 $16,290,395 $7,100,850 $7,164,877 $1,320,956
$703,712 $469,946 $469,946 $469,946 $19,513,246

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

$38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372
$267,356 $67,286,978

$38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372
$267,356 $67,286,978

$38,933,461 $38,933,461 $28,353,517 $18,461,228
$8,086,561 $1,538,372
$267,356 $67,286,978

$38,933,461 $38,933,461 $28,353,517 $18,461,228
$8,086,561 $1,538,372
$267,356 $67,286,978

201.1 Defer the FY09 cost of living adjustment.

State General Funds

($136,563)

($136,563)

($136,563)

($136,563)

201.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

4540

JOURNAL OF THE HOUSE

State General Funds

($356,876)

($490,638)

($442,484)

$0

201.3 Reduce funds from the Hemophilia of Georgia contract.

State General Funds

($382,000)

($382,000)

($132,000)

($132,000)

201.4 Reduce funds received in HB990 (FY09G) for a second sickle cell bus.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

201.5 Reduce funds by eliminating two vacant positions.

State General Funds

($92,084)

($92,084)

($92,084)

($92,084)

201.6 Reduce funds from Tertiary Care Center contracts by 10%.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

201.7 Reduce funds and defer the planned expansion of the purchase of car beds.

State General Funds

($36,000)

($36,000)

($36,000)

($36,000)

201.8 Reduce funds from Babies Can't Wait by realizing savings achieved with the implementation of the Primary Service Delivery Model.

State General Funds

($1,200,000) ($1,200,000) ($1,200,000) ($1,200,000)

201.9 Reduce funds from sickle cell services provided through the Fulton-DeKalb Hospital Authority contract.

State General Funds

($88,796)

($88,796)

($88,796)

($88,796)

201.10 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($21,218)

($21,218)

($21,218)

($21,218)

201.11 Reduce funds from the Infant and Maternal Health Advisory Council.

State General Funds

($144,430)

($144,430)

($144,430)

($144,430)

201.12 Reduce funds previously used for tertiary care center contracts management.

State General Funds

($466,137)

($466,137)

($466,137)

($466,137)

201.13 Reduce funds and transfer five state funded positions to federal funds.

State General Funds

($260,349)

($260,349)

($260,349)

($260,349)

201.14 Reduce funds designated for the purchase of supplies and other expenses.

State General Funds

($264,000)

($264,000)

($264,000)

($264,000)

201.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($8,281,533) ($19,308)
($8,300,841)

($8,281,533) ($19,308)
($8,300,841)

($8,281,533) ($19,308)
($8,300,841)

($8,281,533) ($19,308)
($8,300,841)

201.100-Infant and Child Essential Health Treatment Services

Appropriation (HB 119)

The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children.

WEDNESDAY, APRIL 1, 2009

4541

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

$26,703,475 $26,703,475 $28,334,209 $18,441,920 $8,086,561 $1,538,372
$267,356 $55,037,684

$26,569,713 $26,569,713 $28,334,209 $18,441,920 $8,086,561 $1,538,372
$267,356 $54,903,922

$26,867,867 $26,867,867 $28,334,209 $18,441,920 $8,086,561 $1,538,372
$267,356 $55,202,076

$27,310,351 $27,310,351 $28,334,209 $18,441,920 $8,086,561 $1,538,372
$267,356 $55,644,560

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 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 National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577
$156,221 $4,094,783 $4,094,783
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694

$29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577
$156,221 $4,094,783 $4,094,783
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694

$29,858,162 $29,858,162 $275,131,707 $260,701,797
$3,813,329 $6,365,577
$156,221 $4,094,783 $4,094,783
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694

$29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577
$156,221 $4,094,783 $4,094,783
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $305,109,694

202.1 Defer the FY09 cost of living adjustment.

State General Funds

($575,679)

($575,679)

($575,679)

($575,679)

202.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,504,420) ($2,068,296) ($1,865,301)

$0

202.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$15,850

$15,850

$15,850

$15,850

4542

JOURNAL OF THE HOUSE

202.4 Reduce funds received in HB95 (FY08G) for the YMCA Fit for Life program.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

202.5 Reduce and defer funds received in HB990 (FY09G) for the Safe House Outreach contract.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

202.6 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($4,760)

($4,760)

($4,760)

($4,760)

202.7 Reduce funds and defer the planned expansion of the purchase of car seats.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

202.8 Reduce funds to recognize administrative efficiencies in the newborn screening follow-up contract with Emory University.

State General Funds

($134,320)

($134,320)

($134,320)

($134,320)

202.9 Reduce funds to reflect savings from the implementation of an integrated and more medically appropriate system for serving children with special needs.

State General Funds

($1,090,137) ($1,090,137) ($1,090,137) ($1,090,137)

202.10 Reduce funds by eliminating nine vacant positions.

State General Funds

($380,875)

($380,875)

($380,875)

($380,875)

202.11 Reduce funds by shifting six positions to federal funds.

State General Funds

($405,464)

($405,464)

($405,464)

($405,464)

202.12 Reduce funds by closing the Georgia Public Health (GPH) Laboratory on Saturdays and delaying the purchase of lab supplies.

State General Funds

($335,700)

($335,700)

($335,700)

($335,700)

202.13 Reduce funds from the Integrated Family Support program.

Temporary Assistance for Needy Families Grant CFDA93.558

($3,103,103) ($3,103,103) ($3,103,103) ($3,103,103)

202.14 Transfer funds to the Governor's Office of Children and Families for victims of child prostitution and trafficking.

Temporary Assistance for Needy Families Grant CFDA93.558

($991,680)

202.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($14,643,227) ($2,389,315) ($17,032,542)

($14,643,227) ($2,389,315) ($17,032,542)

($14,643,227) ($2,389,315) ($17,032,542)

($14,643,227) ($2,389,315) ($17,032,542)

202.100-Infant and Child Health Promotion

Appropriation (HB 119)

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

TOTAL STATE FUNDS

$10,459,430

$9,895,554 $10,098,549

State General Funds

$10,459,430

$9,895,554 $10,098,549

TOTAL FEDERAL FUNDS

$269,639,289 $269,639,289 $269,639,289

Federal Funds Not Itemized

$260,701,797 $260,701,797 $260,701,797

$11,963,850 $11,963,850 $268,647,609 $260,701,797

WEDNESDAY, APRIL 1, 2009

4543

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 National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$3,813,329 $3,976,262
$156,221 $991,680 $991,680
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $280,218,544

$3,813,329 $3,976,262
$156,221 $991,680 $991,680
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $279,654,668

$3,813,329 $3,976,262
$156,221 $991,680 $991,680
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $279,857,663

$3,813,329 $3,976,262
$156,221
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $280,731,284

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

$41,912,787 $41,912,787 $59,503,141 $58,704,521
$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

$41,912,787 $41,912,787 $59,503,141 $58,704,521
$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

$41,912,787 $41,912,787 $59,503,141 $58,704,521
$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

$41,912,787 $41,912,787 $59,503,141 $58,704,521
$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

203.1 Defer the FY09 cost of living adjustment.

State General Funds

($514,730)

($514,730)

($514,730)

($514,730)

203.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($570,316)

($784,078)

($707,124)

$0

203.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,353

$2,353

$2,353

$2,353

203.4 Reduce funds from contracts through reduced utilization and administrative efficiencies.

4544

JOURNAL OF THE HOUSE

State General Funds

($26,316)

($26,316)

($26,316)

203.5 Reduce funds by eliminating eight vacant positions.

State General Funds

($396,186)

($396,186)

($396,186)

203.6 Reduce funds designated to purchase supplies and other operating expenses.

State General Funds

($400,000)

($400,000)

($400,000)

203.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($10,492,254) ($10,492,254) ($10,492,254)

($26,316) ($396,186) ($400,000) ($10,492,254)

203.100-Infectious Disease Control

Appropriation (HB 119)

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

$29,515,338 $29,301,576 $29,378,530 $30,085,654

State General Funds

$29,515,338 $29,301,576 $29,378,530 $30,085,654

TOTAL FEDERAL FUNDS

$59,503,141 $59,503,141 $59,503,141 $59,503,141

Federal Funds Not Itemized

$58,704,521 $58,704,521 $58,704,521 $58,704,521

Maternal & Child Health Services Block Grant CFDA93.994

$484,489

$484,489

$484,489

$484,489

Medical Assistance Program CFDA93.778

$314,131

$314,131

$314,131

$314,131

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

$89,168,479 $88,954,717 $89,031,671 $89,738,795

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 PUBLIC FUNDS

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

204.1 Defer the FY09 cost of living adjustment.

State General Funds

($16,770)

($16,770)

($16,770)

($16,770)

204.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

WEDNESDAY, APRIL 1, 2009

4545

Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($43,826)

($60,253)

($54,339)

$0

204.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$788

$788

$788

$788

204.4 Reduce funds by eliminating one vacant position.

State General Funds

($41,227)

($41,227)

($41,227)

($41,227)

204.5 Eliminate funds and discontinue suicide preventing planning activities. (S:Transfer funds and activities for suicide prevention to the Adult Mental Health and Child and Adolescent Mental Health programs)

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

($250,000) ($150,000) ($400,000)

($250,000) ($150,000) ($400,000)

($200,000) ($150,000) ($350,000)

($250,000) ($150,000) ($400,000)

204.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

204.100-Injury Prevention

Appropriation (HB 119)

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

$256,578

$240,151

$296,065

$300,404

State General Funds

$256,578

$240,151

$296,065

$300,404

TOTAL FEDERAL FUNDS

$1,459,130

$1,459,130

$1,459,130

$1,459,130

Federal Funds Not Itemized

$1,317,700

$1,317,700

$1,317,700

$1,317,700

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 PUBLIC FUNDS

$1,715,708

$1,699,281

$1,755,195

$1,759,534

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

$18,927,060 $18,927,060 $1,320,931
$707,327 $200,210
$76,622 $336,772 $438,262

$18,927,060 $18,927,060 $1,320,931
$707,327 $200,210
$76,622 $336,772 $438,262

$18,927,060 $18,927,060
$1,320,931 $707,327 $200,210 $76,622 $336,772 $438,262

$18,927,060 $18,927,060 $1,320,931
$707,327 $200,210
$76,622 $336,772 $438,262

4546

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$438,262 $438,262 $20,686,253

$438,262 $438,262 $20,686,253

$438,262 $438,262 $20,686,253

$438,262 $438,262 $20,686,253

205.1 Defer the FY09 cost of living adjustment.

State General Funds

($21,532)

($21,532)

($21,532)

($21,532)

205.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($56,270)

($77,361)

($69,768)

$0

205.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,389

$1,389

$1,389

$1,389

205.4 Reduce funds by eliminating one vacant position.

State General Funds

($73,162)

($73,162)

($73,162)

($73,162)

205.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($14,880,955) ($12,257)
($14,893,212)

($14,880,955) ($12,257)
($14,893,212)

($14,880,955) ($12,257)
($14,893,212)

($14,880,955) ($12,257)
($14,893,212)

205.100-Inspections and Environmental Hazard Control

Appropriation (HB 119)

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

$3,896,530

$3,875,439

$3,883,032

$3,952,800

State General Funds

$3,896,530

$3,875,439

$3,883,032

$3,952,800

TOTAL FEDERAL FUNDS

$1,308,674

$1,308,674

$1,308,674

$1,308,674

Federal Funds Not Itemized

$707,327

$707,327

$707,327

$707,327

Maternal & Child Health Services Block Grant CFDA93.994

$200,210

$200,210

$200,210

$200,210

Medical Assistance Program CFDA93.778

$64,365

$64,365

$64,365

$64,365

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

Sales and Services

$438,262

$438,262

$438,262

$438,262

Sales and Services Not Itemized

$438,262

$438,262

$438,262

$438,262

TOTAL PUBLIC FUNDS

$5,643,466

$5,622,375

$5,629,968

$5,699,736

WEDNESDAY, APRIL 1, 2009

4547

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 PUBLIC FUNDS

$115,871,866 $115,871,866 $147,982,830
$12,332,000 $44,836,738 $90,814,092 $90,814,092 $263,854,696

$115,871,866 $115,871,866 $147,982,830
$12,332,000 $44,836,738 $90,814,092 $90,814,092 $263,854,696

$115,871,866 $115,871,866 $147,982,830 $12,332,000 $44,836,738 $90,814,092 $90,814,092 $263,854,696

$115,871,866 $115,871,866 $147,982,830 $12,332,000 $44,836,738 $90,814,092 $90,814,092 $263,854,696

206.1 Reduce funds through a reduction of the Child Placing Agency (CPA) case management rate for the lowest three levels of care.

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($2,000,000) ($2,000,000)

$0

$0

($453,241)

($453,241)

$0

$0

($2,453,241) ($2,453,241)

$0

$0

206.2 Reduce funds by discontinuing the use of the Westcare-DeKalb Assessment Center.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

206.3 Reduce funds to reflect the projected lower utilization of the Room Board and Watchful Oversight (RBWO).

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($1,210,980) ($215,829)
($1,426,809)

($1,210,980) ($215,829)
($1,426,809)

($1,210,980) ($215,829)
($1,426,809)

($1,210,980) ($215,829)
($1,426,809)

206.4 Transfer funds for Grandparents Raising Grandchildren to the Support for Needy Families - Basic Assistance program.

Temporary Assistance for Needy Families Grant CFDA93.558

($2,649,000) ($2,649,000) ($2,649,000) ($2,649,000)

206.5 Replace funds.

State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($16,000,000) $16,000,000
$0

($16,000,000) $16,000,000
$0

($16,000,000) $16,000,000
$0

($32,640,209) $32,640,209
$0

206.6 Reduce funds through higher utilization of in-home services.

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($4,709,839) ($841,734)
($5,551,573)

($4,709,839) ($674,260)
($5,384,099)

($4,709,839) ($841,734)
($5,551,573)

($4,709,839) ($841,734)
($5,551,573)

206.7 Reduce funds.

Foster Care Title IV-E CFDA93.658

($2,805,778) ($2,805,778) ($2,805,778) ($2,805,778)

206.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,913,551) ($3,913,551) ($3,913,551)

4548

JOURNAL OF THE HOUSE

206.9 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($4,037,474) $4,037,474
$0

($4,037,474) $4,037,474
$0

($4,037,474) $4,037,474
$0

206.10 Transfer funds to the Adolescent and Adult Health Promotion and Public Health Grants to Counties programs.

Temporary Assistance for Needy Families Grant CFDA93.558

($6,000,000) ($6,000,000)

206.100-Out of Home Care

Appropriation (HB 119)

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

$91,826,047 $83,875,022 $85,875,022 $69,234,813

State General Funds

$91,826,047 $83,875,022 $85,875,022 $69,234,813

TOTAL FEDERAL FUNDS

$157,017,248 $161,222,196 $155,507,963 $172,148,172

Federal Funds Not Itemized

$12,332,000 $12,332,000 $12,332,000 $12,332,000

Foster Care Title IV-E CFDA93.658

$40,520,156 $44,725,104 $45,010,871 $45,010,871

Temporary Assistance for Needy Families

$104,165,092 $104,165,092 $98,165,092 $114,805,301

Temporary Assistance for Needy Families Grant CFDA93.558

$104,165,092 $104,165,092 $98,165,092 $114,805,301

TOTAL PUBLIC FUNDS

$248,843,295 $245,097,218 $241,382,985 $241,382,985

Public Health Formula Grants to Counties
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

207.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,132,149) ($2,132,149) ($2,132,149) ($2,132,149)

207.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($4,328,230) ($5,950,505) ($3,658,265)

$0

207.3 Reduce funds from general grant in aid sent to districts and local county boards of health by 3.5%.

State General Funds

($2,485,000) ($2,485,000)

$0

$0

207.4 Reduce funds from Family Planning programmatic aid, clinic sites, outreach, teen centers, youth development programs, and unobligated purchase of service dollars. (H:Transfer funds from the Support for Needy Families - Basic Assistance and Out of Home Care programs to partially restore funds)

Temporary Assistance for Needy Families Grant CFDA93.558

($3,500,479) ($3,500,479)

($536,713)

$0

207.5 Reduce funds to reflect the revised revenue estimate.

WEDNESDAY, APRIL 1, 2009

4549

State General Funds

($1,571,171) ($1,571,171) ($1,571,171)

207.98 Transfer funds and activities for general grant-in-aid from the Adolescent and Adult Health Promotion, Adult Essential Health Treatment Services, Emergency Preparedness/Trauma System Improvement, Epidemiology, Immunization, Infant and Child Essential Health Treatment Services, Infant and Child Health Promotion, Infectious Disease Control, Injury Prevention, and Inspection and Environmental Hazard Control programs.

State General Funds Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

$71,857,328 $2,446,511 $6,105,228 $80,409,067

$71,857,328 $2,446,511 $6,105,228 $80,409,067

$71,857,328 $2,446,511 $6,105,228 $80,409,067

$71,857,328 $2,446,511 $0 $74,303,839

207.99

SAC: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. House: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. Gov Rev: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. Governor: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services.

State General Funds

$0

$0

$0

$0

207.100-Public Health Formula Grants to Counties

Appropriation (HB 119)

The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services.

TOTAL STATE FUNDS

$62,911,949 $59,718,503 $64,495,743

State General Funds

$62,911,949 $59,718,503 $64,495,743

TOTAL FEDERAL FUNDS

$5,051,260

$5,051,260

$8,015,026

Medical Assistance Program CFDA93.778

$2,446,511

$2,446,511

$2,446,511

Temporary Assistance for Needy Families

$2,604,749

$2,604,749

$5,568,515

Temporary Assistance for Needy Families Grant CFDA93.558

$2,604,749

$2,604,749

$5,568,515

TOTAL PUBLIC FUNDS

$67,963,209 $64,769,763 $72,510,769

$68,154,008 $68,154,008 $2,446,511 $2,446,511
$70,600,519

Refugee Assistance

Continuation Budget

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $4,749,006 $4,749,006 $4,749,006

$0 $0 $4,749,006 $4,749,006 $4,749,006

$0 $0 $4,749,006 $4,749,006 $4,749,006

$0 $0 $4,749,006 $4,749,006 $4,749,006

208.100-Refugee Assistance

Appropriation (HB 119)

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

TOTAL FEDERAL FUNDS

$4,749,006

$4,749,006

$4,749,006

Federal Funds Not Itemized

$4,749,006

$4,749,006

$4,749,006

TOTAL PUBLIC FUNDS

$4,749,006

$4,749,006

$4,749,006

$4,749,006 $4,749,006 $4,749,006

4550

JOURNAL OF THE HOUSE

Substance Abuse Prevention

Continuation Budget

The purpose of this appropriation is to promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse

of alcohol, tobacco and drugs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

209.1 Defer the FY09 cost of living adjustment.

State General Funds

($46,541)

($46,541)

($46,541)

($46,541)

209.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($121,627)

$0

$0

$0

209.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$694

$694

$694

$694

209.4 Reduce funds designated for the purchase of supplies and other expenses.

State General Funds

($233,126)

($233,126)

($233,126)

($233,126)

209.5 Reduce funds by shifting nine positions to federal funds.

State General Funds

($838,172)

($838,172)

($838,172)

($838,172)

209.100-Substance Abuse Prevention

Appropriation (HB 119)

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

$121,627

$121,627

$121,627

State General Funds

$121,627

$121,627

$121,627

TOTAL FEDERAL FUNDS

$22,893,046 $22,893,046 $22,893,046 $22,893,046

Federal Funds Not Itemized

$2,914,601

$2,914,601

$2,914,601

$2,914,601

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$19,978,445 $19,978,445 $19,978,445 $19,978,445

TOTAL AGENCY FUNDS

$194,000

$194,000

$194,000

$194,000

WEDNESDAY, APRIL 1, 2009

4551

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$194,000 $194,000 $23,087,046

$194,000 $194,000 $23,208,673

$194,000 $194,000 $23,208,673

$194,000 $194,000 $23,208,673

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 TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

210.1 Transfer funds from the Out of Home Care program for Grandparents Raising Grandchildren.

Temporary Assistance for Needy Families Grant CFDA93.558

$2,649,000

$2,649,000

$2,649,000

210.2 Replace funds.

Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS

$32,798,916 ($32,798,916)
$0

$32,798,916 ($32,798,916)
$0

$32,798,916 ($32,798,916)
$0

210.3 Transfer funds to the Adolescent and Adult Health Promotion and Public Health Grants to Counties programs.

Temporary Assistance for Needy Families Grant CFDA93.558

($4,000,000)

$2,649,000
$32,798,916 ($32,798,916)
$0
$0

210.100-Support for Needy Families - Basic Assistance

Appropriation (HB 119)

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

$60,649,000 $60,649,000 $56,649,000 $60,649,000

Temporary Assistance for Needy Families

$35,447,916 $35,447,916 $31,447,916 $35,447,916

Temporary Assistance for Needy Families Grant CFDA93.558

$35,447,916 $35,447,916 $31,447,916 $35,447,916

TANF Unobligated Balance per 42 USC 604

$25,201,084 $25,201,084 $25,201,084 $25,201,084

TOTAL PUBLIC FUNDS

$60,749,000 $60,749,000 $56,749,000 $60,749,000

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

$6,464,606 $6,464,606

$6,464,606 $6,464,606

$6,464,606 $6,464,606

$6,464,606 $6,464,606

4552

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142

$48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142

$48,354,536 $17,185,183
$1,643,225 $29,526,128 $29,526,128 $54,819,142

$48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142

211.1 Defer the FY09 cost of living adjustment.

State General Funds

($509,751)

($509,751)

($509,751)

($509,751)

211.2 Defer salary adjustments for critical jobs.

State General Funds

($1,581,570) ($1,581,570) ($1,581,570) ($1,581,570)

211.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,332,130) ($1,831,429) ($1,651,682)

$0

211.4 Reduce funds received in HB990 (FY09G) for increased rent at four new Division of Family and Children Services (DFCS) offices. (S:Reflect the appropriation in line 211.101)

State General Funds

($657,928)

($657,928)

($657,928)

($657,928)

211.5 Recognize funds from the American Recovery and Reinvestment Act of 2009 to support Georgia's food banks.

Federal Funds Not Itemized

$1,100,000

$1,100,000

211.6 Increase funds to provide one month of funding for new county owned DFCS offices in Carroll County ($15,000), Liberty County ($20,000), Walton County ($10,000), and Treutlen County ($5,000).

State General Funds

$50,000

$0

211.100-Support for Needy Families - Family Assistance

Appropriation (HB 119)

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

$2,383,227

$1,883,928

$2,113,675

$3,715,357

State General Funds

$2,383,227

$1,883,928

$2,113,675

$3,715,357

TOTAL FEDERAL FUNDS

$48,354,536 $48,354,536 $49,454,536 $49,454,536

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

$2,743,225

$2,743,225

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

$50,737,763 $50,238,464 $51,568,211 $53,169,893

WEDNESDAY, APRIL 1, 2009

4553

211.101 Special Project - Support for Needy Families - Family Assistance: Increase funds to plan for a new county owned DFCS facility in Carroll

County, Liberty County, Walton County, and Treutlen County.

State General Funds

$657,928

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253
$20,000 $20,000 $20,000 $33,234,348

212.1 Eliminate funds for transfers to the Department of Labor, the Department of Community Affairs and the Technical College System of Georgia and use savings to fund activities in the Out of Home Care program.

Temporary Assistance for Needy Families Grant CFDA93.558

($5,291,242)

212.100-Support for Needy Families - Work Assistance

Appropriation (HB 119)

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

$25,519,348 $25,519,348 $25,519,348 $20,228,106

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

Temporary Assistance for Needy Families

$23,116,253 $23,116,253 $23,116,253 $17,825,011

Temporary Assistance for Needy Families Grant CFDA93.558

$23,116,253 $23,116,253 $23,116,253 $17,825,011

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$20,000

$20,000

$20,000

$20,000

Federal Funds Transfers

$20,000

$20,000

$20,000

$20,000

FF Medical Assistance Program CFDA93.778

$20,000

$20,000

$20,000

$20,000

TOTAL PUBLIC FUNDS

$33,234,348 $33,234,348 $33,234,348 $27,943,106

4554

JOURNAL OF THE HOUSE

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 PUBLIC FUNDS

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

213.1 Defer the FY09 cost of living adjustment.

State General Funds

($78,045)

($78,045)

($78,045)

($78,045)

213.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($203,955)

($280,400)

($252,880)

$0

213.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,169

$4,169

$4,169

$4,169

213.100-Vital Records

Appropriation (HB 119)

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

$3,486,612

$3,410,167

$3,437,687

$3,690,567

State General Funds

$3,486,612

$3,410,167

$3,437,687

$3,690,567

TOTAL FEDERAL FUNDS

$500,680

$500,680

$500,680

$500,680

Federal Funds Not Itemized

$500,680

$500,680

$500,680

$500,680

TOTAL PUBLIC FUNDS

$3,987,292

$3,910,847

$3,938,367

$4,191,247

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250

WEDNESDAY, APRIL 1, 2009

4555

Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS

$3,250 $2,072,243

$3,250 $2,072,243

$3,250 $2,072,243

$3,250 $2,072,243

214.1 Increase funds to reflect FY08 collections. Brain and Spinal Injury Trust Fund 214.2 Reduce funds to reflect the discontinuation of a federal grant. Federal Funds Not Itemized

$97,396 ($100,000)

$97,396 ($100,000)

$97,396 ($100,000)

$97,396 ($100,000)

214.100-Brain and Spinal Injury Trust Fund

Appropriation (HB 119)

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

$2,066,389

$2,066,389

$2,066,389

$2,066,389

Brain and Spinal Injury Trust Fund

$2,066,389

$2,066,389

$2,066,389

$2,066,389

TOTAL AGENCY FUNDS

$3,250

$3,250

$3,250

$3,250

Contributions, Donations, and Forfeitures

$3,250

$3,250

$3,250

$3,250

Contributions, Donations, and Forfeitures Not Itemized

$3,250

$3,250

$3,250

$3,250

TOTAL PUBLIC FUNDS

$2,069,639

$2,069,639

$2,069,639

$2,069,639

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

$252,352 $252,352 $252,352

$252,352 $252,352 $252,352

$252,352 $252,352 $252,352

$252,352 $252,352 $252,352

215.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,185)

($2,185)

($2,185)

($2,185)

215.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($5,464)

($6,913)

($5,974)

$0

215.3 Reduce and defer funds received in HB990 (FY09G) for the Georgia for a Lifetime study (Project 2020).

State General Funds

($50,000)

($50,000)

$0

($50,000)

215.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($1,947)

($1,947)

($1,947)

4556

JOURNAL OF THE HOUSE

215.100-Council on Aging

Appropriation (HB 119)

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

$194,703

$191,307

$242,246

$198,220

State General Funds

$194,703

$191,307

$242,246

$198,220

TOTAL PUBLIC FUNDS

$194,703

$191,307

$242,246

$198,220

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

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

216.1 Defer the FY09 cost of living adjustment.

State General Funds

($10,655)

($10,655)

($10,655)

($10,655)

216.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($23,279)

($2,350)

($2,031)

$0

216.3 Reduce funds from operations.

State General Funds

($3,698)

($3,698)

($3,698)

($3,698)

216.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($333)

($333)

($333)

216.100-Developmental Disabilities, Governor's Council on

Appropriation (HB 119)

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS

$33,285

$53,881

$54,200

State General Funds

$33,285

$53,881

$54,200

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

$2,229,102

$2,249,698

$2,250,017

$56,231 $56,231 $2,195,817 $2,195,817 $2,252,048

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.

WEDNESDAY, APRIL 1, 2009

4557

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

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

217.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,959)

($2,959)

($2,959)

($2,959)

217.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($4,903)

($6,034)

($5,214)

$0

217.3 Reduce funds from technical assistance and county collaborative contracts.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($905,809) ($428,809) ($1,334,618)

($905,809) ($428,809) ($1,334,618)

($485,809) ($428,809) ($914,618)

($485,809) ($428,809) ($914,618)

217.4 Reduce funds from operations.

State General Funds

($10,500)

($10,500)

($10,500)

($10,500)

217.5 Reduce funds from personnel.

State General Funds

($42,989)

($42,989)

($12,989)

($12,989)

217.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($86,337)

($86,337)

($86,337)

217.100-Family Connection

Appropriation (HB 119)

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

$8,633,677

$8,546,209

$8,997,029

$9,002,243

State General Funds

$8,633,677

$8,546,209

$8,997,029

$9,002,243

TOTAL FEDERAL FUNDS

$2,039,962

$2,039,962

$2,039,962

$2,039,962

Medical Assistance Program CFDA93.778

$839,962

$839,962

$839,962

$839,962

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

$10,673,639 $10,586,171 $11,036,991 $11,042,205

4558

JOURNAL OF THE HOUSE

Sexual Offender Review Board

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$955,737 $955,737 $955,737

$955,737 $955,737 $955,737

$955,737 $955,737 $955,737

$955,737 $955,737 $955,737

218.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,538)

($1,538)

($1,538)

($1,538)

218.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($4,136)

($12,024)

($10,390)

$0

218.3 Reduce funds from operations.

State General Funds

($38,980)

($38,980)

($38,980)

($38,980)

218.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($9,111)

($9,111)

($9,111)

218.100-Sexual Offender Review Board

Appropriation (HB 119)

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

$911,083

$894,084

$895,718

$906,108

State General Funds

$911,083

$894,084

$895,718

$906,108

TOTAL PUBLIC FUNDS

$911,083

$894,084

$895,718

$906,108

Departmental Administration-Public Health
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

501.1 Defer the FY09 cost of living adjustment for the Division of Public Health.

State General Funds

($344,319)

($344,319)

($344,319)

($344,319)

501.2 Defer structure adjustments to the statewide salary plan for the Division of Public Health.

State General Funds

($38,445)

($38,445)

($38,445)

($38,445)

501.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Public Health. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the

WEDNESDAY, APRIL 1, 2009

4559

employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Public Health)

State General Funds

($722,963)

($993,938)

($896,388)

$0

501.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Public Health.

State General Funds

$597,841

$597,841

$597,841

$597,841

501.5 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration of the Division of Public Health.

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($209,383) ($209,383)

($209,383) ($209,383)

($209,383) ($209,383)

($209,383) ($209,383)

501.6 Reduce funds by 6% for the Division of Public Health.

State General Funds

($1,404,654) ($1,404,654) ($1,404,654) ($1,404,654)

501.7 Reduce funds to reflect the revised revenue estimate for the Division of Public Health.

State General Funds

($172,438)

($172,438)

($172,438)

501.8 Reduce funds from the Office of Investigative Services and Inspector General.

State General Funds

($36,900)

$0

501.9 Reduce merit system assessments from $147 to $137 per position for the Division of Public Health.

State General Funds

($25,777)

($25,777)

501.98 Transfer funds and activities related to the administration of Public Health from the Departmental Administration program.

State General Funds Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$20,305,550 $2,975,647
$31,070 $1,182,023 $1,134,462 $25,628,752

$20,305,550 $2,975,647 $31,070 $1,182,023 $1,134,462 $25,628,752

$20,305,550 $2,975,647 $31,070 $1,182,023 $1,134,462 $25,628,752

$20,305,550 $2,975,647 $31,070 $1,182,023 $1,134,462 $25,628,752

501.99 SAC: The purpose of this appropriation is to provide administrative support for all public health programs in the department.

State General Funds

501.100-Departmental Administration-Public Health

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for all public health programs in the department.

TOTAL STATE FUNDS

$18,393,010 $17,949,597 $17,984,470

State General Funds

$18,393,010 $17,949,597 $17,984,470

TOTAL FEDERAL FUNDS

$3,979,357

$3,979,357

$3,979,357

Federal Funds Not Itemized

$2,766,264

$2,766,264

$2,766,264

Preventive Health & Health Services Block Grant CFDA93.991

$31,070

$31,070

$31,070

Temporary Assistance for Needy Families

$1,182,023

$1,182,023

$1,182,023

$0
$18,917,758 $18,917,758 $3,979,357 $2,766,264
$31,070 $1,182,023

4560

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Departmental Administration-Behavioral Health TOTAL STATE FUNDS
State General Funds

$1,182,023 $1,134,462 $1,134,462 $1,134,462 $23,506,829

$1,182,023 $1,134,462 $1,134,462 $1,134,462 $23,063,416

Continuation Budget

$0

$0

$0

$0

$1,182,023 $1,134,462 $1,134,462 $1,134,462 $23,098,289
$0 $0

$1,182,023 $1,134,462 $1,134,462 $1,134,462 $24,031,577
$0 $0

502.1 Defer the FY09 cost of living adjustment for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

($300,289)

($300,289)

($300,289)

($300,289)

502.2 Defer structure adjustments to the statewide salary plan for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

($33,528)

($33,528)

($33,528)

($33,528)

502.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases)

State General Funds

($951,214) ($1,307,741) ($1,179,392)

$0

502.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

$236,570

$236,570

$236,570

$236,570

502.5 Reduce funds by 6% for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

($1,369,146) ($1,369,146) ($1,369,146) ($1,369,146)

502.6 Reduce funds to reflect the revised revenue estimate for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

($300,009)

($300,009)

($300,009)

502.7 Reduce funds from the Office of Investigative Services and Inspector General.

State General Funds

($82,240)

$0

502.8 Reduce merit system assessments from $147 to $137 per position for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

($33,915)

($33,915)

502.9 Increase funds for start-up costs for new information technology systems.

State General Funds

$1,000,000

WEDNESDAY, APRIL 1, 2009

4561

502.98 Transfer funds and activities related to the administration of Mental Health, Addictive Diseases, and Developmental Disabilities from the Departmental Administration program.

State General Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

$31,609,268 $30,363
$2,634,405 $2,915
$34,276,951

$31,609,268 $30,363
$2,634,405 $2,915
$34,276,951

$31,609,268 $30,363
$2,634,405 $2,915
$34,276,951

$31,609,268 $30,363
$2,634,405 $2,915
$34,276,951

502.99 SAC: The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department.

State General Funds

$0

502.100-Departmental Administration-Behavioral Health

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the

department.

TOTAL STATE FUNDS

$29,191,661 $28,535,125 $28,547,319 $30,808,951

State General Funds

$29,191,661 $28,535,125 $28,547,319 $30,808,951

TOTAL FEDERAL FUNDS

$2,664,768

$2,664,768

$2,664,768

$2,664,768

Federal Funds Not Itemized

$30,363

$30,363

$30,363

$30,363

Temporary Assistance for Needy Families

$2,634,405

$2,634,405

$2,634,405

$2,634,405

Temporary Assistance for Needy Families Grant CFDA93.558

$2,634,405

$2,634,405

$2,634,405

$2,634,405

TOTAL AGENCY FUNDS

$2,915

$2,915

$2,915

$2,915

Rebates, Refunds, and Reimbursements

$2,915

$2,915

$2,915

$2,915

Rebates, Refunds, and Reimbursements Not Itemized

$2,915

$2,915

$2,915

$2,915

TOTAL PUBLIC FUNDS

$31,859,344 $31,202,808 $31,215,002 $33,476,634

All Temporary Assistance for Needy Families benefit payments are calculated utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

For an assistance group of one, the standards of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standards of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standards of need is $424, and the maximum monthly amount is $280. 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.

4562

JOURNAL OF THE HOUSE

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

$19,230,125 $19,230,125
$954,555 $954,555
$97,232 $97,232 $20,281,912

$19,230,125 $19,230,125
$954,555 $954,555
$97,232 $97,232 $20,281,912

$19,230,125 $19,230,125
$954,555 $954,555
$97,232 $97,232 $20,281,912

$19,230,125 $19,230,125
$954,555 $954,555
$97,232 $97,232 $20,281,912

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

$17,150,739 $16,868,629

$17,150,739 $16,868,629

$954,555

$954,555

$954,555

$954,555

$97,232

$97,232

$97,232

$97,232

$18,202,526 $17,920,416

$16,947,850 $16,947,850
$954,555 $954,555
$97,232 $97,232 $17,999,637

$15,610,193 $15,610,193
$954,555 $954,555
$97,232 $97,232 $16,661,980

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

$2,490,268 $2,490,268 $2,490,268

$2,490,268 $2,490,268 $2,490,268

$2,490,268 $2,490,268 $2,490,268

$2,490,268 $2,490,268 $2,490,268

219.1 Defer the FY09 cost of living adjustment.

State General Funds

($24,831)

($24,831)

($24,831)

($24,831)

219.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($15)

($15)

($15)

($15)

219.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

WEDNESDAY, APRIL 1, 2009

4563

Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($100,000)

($122,390)

($105,762)

$0

219.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($6,536)

($6,536)

($6,536)

($6,536)

219.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($278,825)

($278,825)

($278,825)

($278,825)

219.6 Reduce funds from operations.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

219.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($1,041)

($1,041)

($1,041)

($1,041)

219.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($22,897)

($22,897)

($22,897)

219.9 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($2,918)

($2,918)

219.100-Departmental Administration

Appropriation (HB 119)

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

$2,004,020

$1,958,733

$1,972,443

$2,078,205

State General Funds

$2,004,020

$1,958,733

$1,972,443

$2,078,205

TOTAL PUBLIC FUNDS

$2,004,020

$1,958,733

$1,972,443

$2,078,205

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

$883,508 $883,508 $883,508

$883,508 $883,508 $883,508

$883,508 $883,508 $883,508

$883,508 $883,508 $883,508

220.1 Defer the FY09 cost of living adjustment. State General Funds 220.2 Defer structure adjustments to the statewide salary plan. State General Funds

($11,518) ($8)

($11,518) ($8)

($11,518) ($8)

($11,518) ($8)

4564

JOURNAL OF THE HOUSE

220.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($46,991)

($57,512)

($49,699)

$0

220.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($1,653)

($1,653)

($1,653)

($1,653)

220.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($99,200)

($99,200)

($99,200)

($99,200)

220.6 Reduce funds from contracts.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

220.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($3,968)

($3,968)

($3,968)

($3,968)

220.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($8,114)

($8,114)

($8,114)

220.99 SAC: 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.

State General Funds

$0

220.100 -Enforcement

Appropriation (HB 119)

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

$710,170

$691,535

$699,348

$749,047

State General Funds

$710,170

$691,535

$699,348

$749,047

TOTAL PUBLIC FUNDS

$710,170

$691,535

$699,348

$749,047

Fire Safety

Continuation Budget

The purpose of this appropriation is to create a fire safe environment in the state that protects the public from fire and limits the loss of life and property.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232

WEDNESDAY, APRIL 1, 2009

4565

Agency to Agency Contracts TOTAL PUBLIC FUNDS

$97,232 $6,700,976

$97,232 $6,700,976

$97,232 $6,700,976

$97,232 $6,700,976

221.1 Defer the FY09 cost of living adjustment.

State General Funds

($74,298)

($74,298)

($74,298)

($74,298)

221.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($50)

($50)

($50)

($50)

221.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($100,000)

($122,390)

($105,762)

$0

221.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($22,510)

($22,510)

($22,510)

($22,510)

221.5 Reduce funds from operations.

State General Funds

($62,500)

($62,500)

($62,500)

($62,500)

221.6 Reduce funds designated to purchase vehicles.

State General Funds

($51,373)

($51,373)

($51,373)

($51,373)

221.7 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($372,801)

($372,801)

($372,801)

($372,801)

221.8 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($7,961)

($7,961)

($7,961)

($7,961)

221.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($68,661)

($68,661)

($68,661)

221.99 SAC: The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials.

State General Funds

$0

221.100-Fire Safety

Appropriation (HB 119)

The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life

and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing,

and regulating the storage, transportation, and handling of hazardous materials.

4566

JOURNAL OF THE HOUSE

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

$4,957,696 $4,957,696
$954,555 $954,555
$97,232 $97,232 $97,232 $6,009,483

$4,866,645 $4,866,645
$954,555 $954,555
$97,232 $97,232 $97,232 $5,918,432

$4,883,273 $4,883,273
$954,555 $954,555
$97,232 $97,232 $97,232 $5,935,060

$4,989,035 $4,989,035
$954,555 $954,555
$97,232 $97,232 $97,232 $6,040,822

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

$782,187 $782,187 $782,187

$782,187 $782,187 $782,187

$782,187 $782,187 $782,187

$782,187 $782,187 $782,187

222.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,754)

($6,754)

($6,754)

($6,754)

222.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($5)

($5)

($5)

($5)

222.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($46,992)

($57,514)

($49,700)

$0

222.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($555)

($555)

($555)

($555)

222.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($113,823)

($113,823)

($113,823)

($113,823)

222.6 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($854)

($854)

($854)

($854)

222.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($7,006)

($7,006)

($7,006)

WEDNESDAY, APRIL 1, 2009

4567

222.99 SAC: 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.

State General Funds

$0

222.100-Industrial Loan

Appropriation (HB 119)

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

$613,204

$595,676

$603,490

$653,190

State General Funds

$613,204

$595,676

$603,490

$653,190

TOTAL PUBLIC FUNDS

$613,204

$595,676

$603,490

$653,190

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

$6,090,259 $6,090,259 $6,090,259

$6,090,259 $6,090,259 $6,090,259

$6,090,259 $6,090,259 $6,090,259

$6,090,259 $6,090,259 $6,090,259

223.1 Defer the FY09 cost of living adjustment.

State General Funds

($61,152)

($61,152)

($61,152)

($61,152)

223.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($41)

($41)

($41)

($41)

223.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($100,000)

($122,390)

($105,762)

$0

223.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($20,970)

($20,970)

($20,970)

($20,970)

223.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($184,624)

($184,624)

($184,624)

($184,624)

223.6 Reduce funds from operations.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

223.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings.

4568

JOURNAL OF THE HOUSE

State General Funds

($19,433)

($19,433)

($19,433)

($19,433)

223.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($64,829)

($64,829)

($64,829)

223.9 Transfer funds for the Consumer Services Division to the Office of Consumer Affairs.

State General Funds

($1,860,104)

223.99 SAC: The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations.

State General Funds

$0

223.100-Insurance Regulation

Appropriation (HB 119)

The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market

examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and

disseminating information to the public and the insurance industry about the state's insurance laws and regulations.

TOTAL STATE FUNDS

$5,674,039

$5,586,820

$5,603,448

$3,849,106

State General Funds

$5,674,039

$5,586,820

$5,603,448

$3,849,106

TOTAL PUBLIC FUNDS

$5,674,039

$5,586,820

$5,603,448

$3,849,106

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

$3,334,714 $3,334,714 $3,334,714

$3,334,714 $3,334,714 $3,334,714

$3,334,714 $3,334,714 $3,334,714

$3,334,714 $3,334,714 $3,334,714

224.1 Defer the FY09 cost of living adjustment.

State General Funds

($35,335)

($35,335)

($35,335)

($35,335)

224.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($24)

($24)

($24)

($24)

224.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($100,000)

($122,390)

($105,762)

$0

224.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

WEDNESDAY, APRIL 1, 2009

4569

State General Funds

($7,745)

($7,745)

($7,745)

($7,745)

224.100-Special Fraud

Appropriation (HB 119)

The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

TOTAL STATE FUNDS

$3,191,610

$3,169,220

$3,185,848

State General Funds

$3,191,610

$3,169,220

$3,185,848

TOTAL PUBLIC FUNDS

$3,191,610

$3,169,220

$3,185,848

$3,291,610 $3,291,610 $3,291,610

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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$135,081,645

$77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$135,081,645

$77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$135,081,645

$77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279 $135,081,645

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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

$68,657,096 $61,963,166

$68,657,096 $61,963,166

$40,844,247 $46,977,019

$6,132,772

$40,844,247 $40,844,247

$16,919,551 $16,919,551

$16,019,551 $16,019,551

$900,000

$900,000

$34,279

$34,279

$34,279

$34,279

$126,455,173 $125,894,015

$62,043,259 $62,043,259 $46,977,019
$6,132,772 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$125,974,108

$65,052,735 $65,052,735 $46,977,019 $6,132,772 $40,844,247 $18,907,551 $18,007,551
$900,000 $34,279 $34,279
$130,971,584

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

$9,901,853 $9,901,853
$100,668

$9,901,853 $9,901,853
$100,668

$9,901,853 $9,901,853
$100,668

$9,901,853 $9,901,853
$100,668

4570

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$100,668 $1,434 $1,434 $1,434
$10,003,955

$100,668 $1,434 $1,434 $1,434
$10,003,955

$100,668 $1,434 $1,434 $1,434
$10,003,955

$100,668 $1,434 $1,434 $1,434
$10,003,955

225.1 Defer the FY09 cost of living adjustment.

State General Funds

($50,301)

($50,301)

($50,301)

($50,301)

225.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($117,090)

($131,927)

($114,004)

$0

225.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,793,871

$1,793,871

$1,793,871

$1,793,871

225.4 Reduce funds by restructuring the security contract at the headquarters complex.

State General Funds

($441,615)

($441,615)

($441,615)

($441,615)

225.5 Reduce funds by eliminating three temporary labor positions used for data entry of criminal history information.

State General Funds

($80,000)

($80,000)

($80,000)

($80,000)

225.6 Reduce funds by eliminating four vacant positions.

State General Funds

($144,226)

($144,226)

($144,226)

($144,226)

225.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($54,067)

($54,067)

($54,067)

225.8 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($6,238)

($6,238)

225.100-Bureau Administration

Appropriation (HB 119)

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

$10,862,492 $10,793,588 $10,805,273 $10,919,277

State General Funds

$10,862,492 $10,793,588 $10,805,273 $10,919,277

TOTAL FEDERAL FUNDS

$100,668

$100,668

$100,668

$100,668

Federal Funds Not Itemized

$100,668

$100,668

$100,668

$100,668

TOTAL AGENCY FUNDS

$1,434

$1,434

$1,434

$1,434

Sales and Services

$1,434

$1,434

$1,434

$1,434

WEDNESDAY, APRIL 1, 2009

4571

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,434 $10,964,594

$1,434 $10,895,690

$1,434 $10,907,375

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,536,126 $14,536,126 $1,859,298 $1,859,298
$155,610 $155,610 $155,610 $16,551,034

$14,536,126 $14,536,126 $1,859,298
$1,859,298 $155,610 $155,610 $155,610
$16,551,034

$14,536,126 $14,536,126
$1,859,298 $1,859,298
$155,610 $155,610 $155,610 $16,551,034

$1,434 $11,021,379
$14,536,126 $14,536,126 $1,859,298
$1,859,298 $155,610 $155,610 $155,610
$16,551,034

226.98 Transfer all funds and activities to the new Forensic Scientific Services program.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($14,536,126) ($1,859,298) ($155,610) ($16,551,034)

($14,536,126) ($1,859,298) ($155,610) ($16,551,034)

($14,536,126) ($1,859,298) ($155,610) ($16,551,034)

($14,536,126) ($1,859,298)
($155,610) ($16,551,034)

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,040,504 $11,040,504 $4,003,184 $4,003,184
$2,604 $2,604 $2,604 $15,046,292

$11,040,504 $11,040,504 $4,003,184
$4,003,184 $2,604 $2,604 $2,604
$15,046,292

$11,040,504 $11,040,504
$4,003,184 $4,003,184
$2,604 $2,604 $2,604 $15,046,292

$11,040,504 $11,040,504 $4,003,184
$4,003,184 $2,604 $2,604 $2,604
$15,046,292

227.1 Defer the FY09 cost of living adjustment.

State General Funds

($100,256)

($100,256)

($100,256)

($100,256)

227.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

4572

JOURNAL OF THE HOUSE

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($252,349)

($284,324)

($245,697)

$0

227.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$339,178

$339,178

$339,178

$339,178

227.4 Reduce funds by eliminating thirty-five temporary labor positions used for data entry of criminal history information.

State General Funds

($641,288)

($641,288)

($641,288)

($641,288)

227.5 Reduce funds by eliminating twelve vacant positions.

State General Funds

($448,402)

($448,402)

($448,402)

($448,402)

227.6 Reduce funds by transitioning the crime information center away from state protective order registry responsibilities.

State General Funds

($128,242)

($128,242)

$0

$0

227.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($48,829)

($48,829)

($48,829)

227.8 Replace funds with fees collected from criminal history background checks.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($1,988,000) $1,988,000
$0

227.99 SAC: The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program.

State General Funds

$0

227.100-Criminal Justice Information Services

Appropriation (HB 119)

The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated

Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender

Registry, and the Uniform Crime Reporting Program.

TOTAL STATE FUNDS

$9,809,145

$9,728,341

$9,895,210

$8,152,907

State General Funds

$9,809,145

$9,728,341

$9,895,210

$8,152,907

TOTAL FEDERAL FUNDS

$4,003,184

$4,003,184

$4,003,184

$4,003,184

Federal Funds Not Itemized

$4,003,184

$4,003,184

$4,003,184

$4,003,184

TOTAL AGENCY FUNDS

$2,604

$2,604

$2,604

$1,990,604

Sales and Services

$2,604

$2,604

$2,604

$1,990,604

Sales and Services Not Itemized

$2,604

$2,604

$2,604

$1,990,604

TOTAL PUBLIC FUNDS

$13,814,933 $13,734,129 $13,900,998 $14,146,695

WEDNESDAY, APRIL 1, 2009

4573

Forensic Scientific Services
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

228.1 Defer the FY09 cost of living adjustment.

State General Funds

($238,330)

($238,330)

($238,330)

($238,330)

228.2 Defer special adjustments to selected job classes.

State General Funds

($246,580)

($246,580)

($246,580)

($246,580)

228.3 Defer the special pay raise to address retention issues for the following positions: Crime Lab Scientist 3, Assistant Crime Lab Associate, and Crime Lab Associate.

State General Funds

($313,820)

($313,820)

($313,820)

($313,820)

228.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($567,282)

($639,163)

($552,328)

$0

228.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$137,103

$137,103

$137,103

$137,103

228.6 Reduce funds by eliminating two hourly staff positions.

State General Funds

($36,000)

($36,000)

($36,000)

($36,000)

228.7 Reduce funds by eliminating three temporary labor positions used for data entry of criminal history information.

State General Funds

($49,707)

($49,707)

($49,707)

($49,707)

228.8 Reduce funds and limit services at the Southwestern Regional Lab in Moultrie to intake only and close the Medical Examiner Office in Moultrie, the Western Regional Lab in Columbus, and the Northwestern Regional Lab in Summerville. (S:Close Medical Examiner offices, but restore funds to crime labs)

State General Funds

($1,088,241) ($1,088,241) ($1,088,241)

($163,073)

228.9 Reduce funds by eliminating two vacant positions.

State General Funds

($70,000)

($70,000)

($70,000)

($70,000)

228.10 Eliminate funds for forensic anthropology services and use contracted services when required.

State General Funds

($107,290)

($107,290)

($107,290)

($107,290)

228.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($104,407)

($104,407)

($104,407)

228.12 Recognize funds from the American Recovery and Reinvestment Act of 2009.

4574

JOURNAL OF THE HOUSE

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($3,066,386) $3,066,386
$0

($3,066,386) $3,066,386
$0

($3,066,386) $3,066,386
$0

228.13 Reduce funds from the Western Regional Lab in Columbus.

State General Funds

($66,525)

$0

228.14 Reduce funds from the Northwestern Regional Lab in Summerville.

State General Funds

($110,891)

$0

228.15 Reduce funds from the Southwestern Regional Lab in Moultrie.

State General Funds

($125,862)

$0

228.98 Transfer all funds and activities from the Centralized Scientific Services and Regional Forensic Services programs.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$23,554,160 $1,859,298
$157,865 $25,571,323

$23,554,160 $1,859,298 $157,865 $25,571,323

$23,554,160 $1,859,298 $157,865 $25,571,323

$23,554,160 $1,859,298 $157,865 $25,571,323

228.99

SAC: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN. House: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), digital imaging, firearms, forensic biology (serology/DNA), latent prints, pathology, questioned documents, toxicology, and trace evidence in support of the criminal justice system, and to analyze and enter samples into national databases such as AFIS, CODIS and NIBIN. Gov Rev: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), digital imaging, firearms, forensic biology (serology/DNA), latent prints, pathology, questioned documents, toxicology, and trace evidence in support of the criminal justice system, and to analyze and enter samples into national databases such as AFIS, CODIS and NIBIN. Governor: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), digital imaging, firearms, forensic biology (serology/DNA), latent prints, pathology, questioned documents, toxicology, and trace evidence in support of the criminal justice system, and to analyze and enter samples into national databases such as AFIS, CODIS and NIBIN.

State General Funds

$0

$0

$0

$0

228.100-Forensic Scientific Services

Appropriation (HB 119)

The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic

biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal

justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN.

TOTAL STATE FUNDS

$20,974,013 $17,731,339 $17,514,896 $19,295,670

State General Funds

$20,974,013 $17,731,339 $17,514,896 $19,295,670

TOTAL FEDERAL FUNDS

$1,859,298

$4,925,684

$4,925,684

$4,925,684

American Recovery and Reinvestment Act of 2009

$3,066,386

$3,066,386

$3,066,386

WEDNESDAY, APRIL 1, 2009

4575

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,859,298 $157,865 $157,865 $157,865
$22,991,176

$1,859,298 $157,865 $157,865 $157,865
$22,814,888

$1,859,298 $157,865 $157,865 $157,865
$22,598,445

$1,859,298 $157,865 $157,865 $157,865
$24,379,219

Georgia Information Sharing and Analysis Center

Continuation Budget

The purpose of this appropriation is to serve as the focal point for collection, analysis, and dissemination of information relative to threats or attacks, of a

terrorist nature, within and against the State of Georgia, its citizens, or infrastructure.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$939,414 $939,414 $360,025 $360,025
$479 $479 $479 $1,299,918

$939,414 $939,414 $360,025 $360,025
$479 $479 $479 $1,299,918

$939,414 $939,414 $360,025 $360,025
$479 $479 $479 $1,299,918

$939,414 $939,414 $360,025 $360,025
$479 $479 $479 $1,299,918

229.1 Defer the FY09 cost of living adjustment.

State General Funds

($9,026)

($9,026)

($9,026)

($9,026)

229.2 Defer the special pay raise received 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)

($35,289)

($35,289)

229.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($18,169)

($20,471)

($17,690)

$0

229.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$13,385

$13,385

$13,385

$13,385

229.5 Reduce funds from operations.

State General Funds

($14,000)

($14,000)

($14,000)

($14,000)

229.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,362)

($4,362)

($4,362)

4576

JOURNAL OF THE HOUSE

229.99 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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project.

State General Funds

$0

229.100-Georgia Information Sharing and Analysis Center

Appropriation (HB 119)

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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project.

TOTAL STATE FUNDS

$876,315

$869,651

$872,432

$890,122

State General Funds

$876,315

$869,651

$872,432

$890,122

TOTAL FEDERAL FUNDS

$360,025

$360,025

$360,025

$360,025

Federal Funds Not Itemized

$360,025

$360,025

$360,025

$360,025

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

$1,236,819

$1,230,155

$1,232,936

$1,250,626

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

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

230.98 Transfer all funds and activities to the new Forensic Scientific Services program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($9,018,034) ($2,255)
($9,020,289)

($9,018,034) ($2,255)
($9,020,289)

($9,018,034) ($2,255)
($9,020,289)

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

$27,486,004 $27,486,004 $1,435,444 $1,435,444
$204,482

$27,486,004 $27,486,004 $1,435,444
$1,435,444 $204,482

$27,486,004 $27,486,004
$1,435,444 $1,435,444
$204,482

($9,018,034) ($2,255)
($9,020,289)
$27,486,004 $27,486,004 $1,435,444
$1,435,444 $204,482

WEDNESDAY, APRIL 1, 2009

4577

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$204,482 $204,482
$34,279 $34,279 $34,279 $29,160,209

$204,482 $204,482
$34,279 $34,279 $34,279 $29,160,209

$204,482 $204,482
$34,279 $34,279 $34,279 $29,160,209

$204,482 $204,482 $34,279 $34,279 $34,279 $29,160,209

231.1 Defer the FY09 cost of living adjustment.

State General Funds

($322,856)

($322,856)

($322,856)

($322,856)

231.2 Defer the special pay raise received 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) ($1,289,543) ($1,289,543)

231.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($670,239)

($752,021)

($649,854)

$0

231.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$246,281

$246,281

$246,281

$246,281

231.5 Reduce one-time funds received in HB990 (FY09G) for startup costs associated with the Identity Theft Unit.

State General Funds

($148,372)

($148,372)

($148,372)

($148,372)

231.6 Reduce funds designated for vehicle purchases.

State General Funds

($610,731)

($610,731)

($610,731)

($610,731)

231.7 Reduce funds from operations.

State General Funds

($7,000)

($7,000)

($7,000)

($7,000)

231.8 Reduce funds by eliminating seven hourly staff positions.

State General Funds

($50,568)

($50,568)

($50,568)

($50,568)

231.9 Reduce funds and realize savings as a result of the consolidation of the Macon Regional Drug Enforcement Office and the Milledgeville Regional Investigative Office.

State General Funds

($46,303)

($46,303)

($46,303)

($46,303)

231.10 Reduce funds for three vacant agent positions and reassign Georgia SecureID staff to regional offices.

State General Funds

($279,278)

($279,278)

($279,278)

($279,278)

231.11 Reduce funds by eliminating six vacant positions.

4578

JOURNAL OF THE HOUSE

State General Funds

($350,000)

($350,000)

($350,000)

($350,000)

231.12 Reduce funds by reassigning Identity Theft Unit staff to regional offices.

State General Funds

($315,000)

($315,000)

($315,000)

($315,000)

231.13 Eliminate funds for the State Drug Task Force (SDTF), reassign the seventeen SDTF agents to regional investigative agents, and eliminate two support staff positions.

State General Funds

($1,055,867) ($1,055,867) ($1,055,867) ($1,055,867)

231.14 Reduce funds to reflect the revised revenue estimate.

State General Funds

($118,543)

($118,543)

($118,543)

231.15 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($3,066,386) $3,066,386
$0

($3,066,386) $3,066,386
$0

($3,066,386) $3,066,386
$0

231.98 Transfer all funds and activities from the Special Operations Unit program.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$922,919 $3,023,756
$200 $3,946,875

$922,919 $3,023,756
$200 $3,946,875

$922,919 $3,023,756
$200 $3,946,875

$922,919 $3,023,756
$200 $3,946,875

231.99

SAC: The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene investigations, and to assist in the investigation, identification, arrest and prosecution of individuals. The purpose of this appropriation is also to coordinate and operate the following specialized units: bingo unit, anti-terrorist team, forensic art, bomb disposal unit, identity theft task force, high technology investigations unit, communications center, state drug task force and regional drug enforcement, and polygraph examinations. House: The purpose of this appropriation is to identify, collect, preserve, process evidence located during crime scene examinations, render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals. Gov Rev: The purpose of this appropriation is to identify, collect, preserve, process evidence located during crime scene examinations, render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals. Governor: The purpose of this appropriation is to identify, collect, preserve, process evidence located during crime scene examinations, render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals.

State General Funds

$0

$0

$0

$0

231.100-Regional Investigative Services

Appropriation (HB 119)

The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene investigations, and to assist in the

investigation, identification, arrest and prosecution of individuals. The purpose of this appropriation is also to coordinate and operate the following specialized

units: bingo unit, anti-terrorist team, forensic art, bomb disposal unit, identity theft task force, high technology investigations unit, communications center, state

drug task force and regional drug enforcement, and polygraph examinations.

TOTAL STATE FUNDS

$23,509,447 $20,242,736 $20,344,903 $20,994,757

State General Funds

$23,509,447 $20,242,736 $20,344,903 $20,994,757

WEDNESDAY, APRIL 1, 2009

4579

TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$4,459,200
$4,459,200 $204,682 $204,682 $204,682 $34,279 $34,279 $34,279
$28,207,608

$7,525,586 $3,066,386 $4,459,200
$204,682 $204,682 $204,682
$34,279 $34,279 $34,279 $28,007,283

$7,525,586 $3,066,386 $4,459,200
$204,682 $204,682 $204,682
$34,279 $34,279 $34,279 $28,109,450

$7,525,586 $3,066,386 $4,459,200
$204,682 $204,682 $204,682
$34,279 $34,279 $34,279 $28,759,304

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

232.98 Transfer all funds and activities to the Regional Investigative Services program.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($922,919) ($3,023,756)
($200) ($3,946,875)

($922,919) ($3,023,756)
($200) ($3,946,875)

($922,919) ($3,023,756)
($200) ($3,946,875)

($922,919) ($3,023,756)
($200) ($3,946,875)

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,244,726 $1,244,726 $4,396,250 $4,396,250
$2,111 $2,111 $2,111 $5,643,087

$1,244,726 $1,244,726 $4,396,250 $4,396,250
$2,111 $2,111 $2,111 $5,643,087

$1,244,726 $1,244,726 $4,396,250 $4,396,250
$2,111 $2,111 $2,111 $5,643,087

$1,244,726 $1,244,726 $4,396,250 $4,396,250
$2,111 $2,111 $2,111 $5,643,087

4580

JOURNAL OF THE HOUSE

233.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,455)

($6,455)

($6,455)

($6,455)

233.2 Defer the special pay raise received 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)

($66,162)

($66,162)

233.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($50,470)

($56,865)

($49,140)

$0

233.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$32,969

$32,969

$32,969

$32,969

233.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,748)

($5,748)

($5,748)

233.99 SAC: The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud the Medicaid Program.

State General Funds

$0

233.100-State Healthcare Fraud Unit

Appropriation (HB 119)

The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud

the Medicaid Program.

TOTAL STATE FUNDS

$1,154,608

$1,142,465

$1,150,190

$1,199,330

State General Funds

$1,154,608

$1,142,465

$1,150,190

$1,199,330

TOTAL FEDERAL FUNDS

$4,396,250

$4,396,250

$4,396,250

$4,396,250

Federal Funds Not Itemized

$4,396,250

$4,396,250

$4,396,250

$4,396,250

TOTAL AGENCY FUNDS

$2,111

$2,111

$2,111

$2,111

Sales and Services

$2,111

$2,111

$2,111

$2,111

Sales and Services Not Itemized

$2,111

$2,111

$2,111

$2,111

TOTAL PUBLIC FUNDS

$5,552,969

$5,540,826

$5,548,551

$5,597,691

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

$1,301,979 $1,301,979
$376

$1,301,979 $1,301,979
$376

$1,301,979 $1,301,979
$376

$1,301,979 $1,301,979
$376

WEDNESDAY, APRIL 1, 2009

4581

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$376 $376 $1,302,355

$376 $376 $1,302,355

$376 $376 $1,302,355

$376 $376 $1,302,355

234.1 Defer the FY09 cost of living adjustment.

State General Funds

($12,461)

($12,461)

($12,461)

($12,461)

234.2 Defer the special pay raise received to address retention issues for the following positions: Assistant Special Agent in Charge.

State General Funds

($97,337)

($97,337)

($97,337)

($97,337)

234.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($24,226)

($27,296)

($23,588)

$0

234.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,814)

($5,814)

($5,814)

234.99 SAC: The purpose of this appropriation is to provide GBI supervisory support with a special agent-in-charge to each of the thirteen federally funded multi-jurisdictional drug task forces.

State General Funds

$0

234.100-Task Forces

Appropriation (HB 119)

The purpose of this appropriation is to provide GBI supervisory support with a special agent-in-charge to each of the thirteen federally funded multi-

jurisdictional drug task forces.

TOTAL STATE FUNDS

$1,167,955

$1,159,071

$1,162,779

$1,186,367

State General Funds

$1,167,955

$1,159,071

$1,162,779

$1,186,367

TOTAL AGENCY FUNDS

$376

$376

$376

$376

Sales and Services

$376

$376

$376

$376

Sales and Services Not Itemized

$376

$376

$376

$376

TOTAL PUBLIC FUNDS

$1,168,331

$1,159,447

$1,163,155

$1,186,743

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

$892,009 $892,009 $25,665,622

$892,009 $892,009 $25,665,622

$892,009 $892,009 $25,665,622

$892,009 $892,009 $25,665,622

4582

JOURNAL OF THE HOUSE

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

$25,665,622 $16,550,000 $15,650,000 $15,650,000
$900,000 $900,000 $43,107,631

$25,665,622 $16,550,000 $15,650,000 $15,650,000
$900,000 $900,000 $43,107,631

$25,665,622 $16,550,000 $15,650,000 $15,650,000
$900,000 $900,000 $43,107,631

$25,665,622 $16,550,000 $15,650,000 $15,650,000
$900,000 $900,000 $43,107,631

235.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,670)

($3,670)

($3,670)

($3,670)

235.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($114)

($114)

($114)

($114)

235.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($7,667)

($11,782)

($10,181)

$0

235.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($77,437)

($77,437)

($77,437)

($77,437)

235.5 Reduce funds and defer the Local Law Enforcement and Fire Services (LLEFS) grant program.

State General Funds

($500,000)

($500,000)

($500,000)

($400,000)

235.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,031)

($3,031)

($3,031)

235.98 Transfer funds for Legal Services for Victims of Domestic Violence from the Judicial Council.

State General Funds

$2,006,548

235.99

SAC: The purpose of this appropriation is to improve, plan for, and coordinate criminal justice efforts to improve the Georgia criminal justice system by working with all components of the system and levels of government throughout Georgia, by applying for and administering federal assistance grants that assist agencies and organizations in criminal justice and victim services; to award and administer state grant programs including from the Local Law Enforcement and Firefighter Grant Program; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program. House: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. Gov Rev: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants.

WEDNESDAY, APRIL 1, 2009

4583

Governor: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants.

State General Funds

$0

$0

$0

$0

235.100-Criminal Justice Coordinating Council

Appropriation (HB 119)

The purpose of this appropriation is to improve, plan for, and coordinate criminal justice efforts to improve the Georgia criminal justice system by working with

all components of the system and levels of government throughout Georgia, by applying for and administering federal assistance grants that assist agencies and

organizations in criminal justice and victim services; to award and administer state grant programs including from the Local Law Enforcement and Firefighter

Grant Program; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program.

TOTAL STATE FUNDS

$303,121

$295,975

$297,576

$2,414,305

State General Funds

$303,121

$295,975

$297,576

$2,414,305

TOTAL FEDERAL FUNDS

$25,665,622 $25,665,622 $25,665,622 $25,665,622

Federal Funds Not Itemized

$25,665,622 $25,665,622 $25,665,622 $25,665,622

TOTAL AGENCY FUNDS

$16,550,000 $16,550,000 $16,550,000 $16,550,000

Sales and Services

$15,650,000 $15,650,000 $15,650,000 $15,650,000

Sales and Services Not Itemized

$15,650,000 $15,650,000 $15,650,000 $15,650,000

Sanctions, Fines, and Penalties

$900,000

$900,000

$900,000

$900,000

Sanctions, Fines, and Penalties Not Itemized

$900,000

$900,000

$900,000

$900,000

TOTAL PUBLIC FUNDS

$42,518,743 $42,511,597 $42,513,198 $44,629,927

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

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629 $127,629 $13,461,532 $13,461,532 $358,195,938

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629 $127,629 $13,461,532 $13,461,532 $358,195,938

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629 $127,629 $13,461,532 $13,461,532 $358,195,938

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629 $127,629 $13,461,532 $13,461,532 $358,195,938

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized
TOTAL AGENCY FUNDS

Section Total - Final

$312,304,498 $280,481,965

$312,304,498 $280,481,965

$1,674,112 $29,694,315

$28,020,203

$1,674,112

$1,674,112

$127,629

$127,629

$281,480,674 $281,480,674 $29,694,315 $28,020,203
$1,674,112 $127,629

$288,115,218 $288,115,218 $29,694,315 $28,020,203
$1,674,112 $127,629

4584

JOURNAL OF THE HOUSE

Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers TOTAL PUBLIC FUNDS

$127,629 $13,461,532 $13,461,532 $327,567,771

$127,629 $13,461,532 $13,461,532 $323,765,441

$127,629 $13,461,532 $13,461,532 $324,764,150

$127,629 $13,461,532 $13,461,532 $331,398,694

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 or services for committed 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

$50,568,335 $50,568,335 $5,002,533 $5,002,533
$703,693 $4,298,840 $55,570,868

$50,568,335 $50,568,335 $5,002,533 $5,002,533
$703,693 $4,298,840 $55,570,868

$50,568,335 $50,568,335
$5,002,533 $5,002,533
$703,693 $4,298,840 $55,570,868

$50,568,335 $50,568,335 $5,002,533
$5,002,533 $703,693
$4,298,840 $55,570,868

236.1 Defer the FY09 cost of living adjustment.

State General Funds

($29,370)

($29,370)

($29,370)

($29,370)

236.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($45,437)

($61,802)

($53,406)

$0

236.3 Reduce one-time funds received in HB990 (FY09G) for a non-secure facility in Glynn County to house youth awaiting local juvenile court proceedings.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

236.4 Reduce funds and the usage of part-time labor positions by approximately 25%.

State General Funds

($33,658)

($33,658)

($33,658)

($33,658)

236.5 Reduce funds from various contracts through lower utilization of contracted services.

State General Funds

($2,316,392) ($2,316,392) ($2,316,392) ($2,316,392)

236.6 Reduce funds from Room Board and Watchful Oversight placements to recognize savings from mental health services paid for by Care Management Organizations.

State General Funds

($3,080,000) ($3,080,000) ($3,080,000) ($3,080,000)

236.7 Reduce funds and close the North Georgia Wilderness Program by reducing the maximum length of stay in the Short Term Program (STP) to thirty days.

State General Funds

($2,053,560) ($2,053,560) ($2,053,560) ($2,053,560)

WEDNESDAY, APRIL 1, 2009

4585

236.8 Reduce funds from the Outdoor Therapy Program (OTP) operated by the Department of Human Resources and utilize the program on a fee-for-service basis.

State General Funds

($768,059)

($768,059)

($768,059)

($768,059)

236.9 Reduce funds and close the Blakely Wilderness Program by reducing the maximum length of stay in the STP to thirty days.

State General Funds

($1,613,865) ($1,613,865) ($1,613,865) ($1,613,865)

236.10 Eliminate funds for the Family Based Intervention Program.

State General Funds

($1,488,287) ($1,488,287) ($1,488,287) ($1,488,287)

236.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($208,043)

$0

$0

236.12 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($3,726,687) $3,726,687
$0

($3,726,687) $3,726,687
$0

($3,726,687) $3,726,687
$0

236.13 Eliminate funds for the Weekend Sanctions Program.

State General Funds

($85,920)

($85,920)

236.99

SAC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program.

State General Funds

$0

236.100-Community Non-Secure Commitment

Appropriation (HB 119)

The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition

youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a

short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program.

TOTAL STATE FUNDS

$38,639,707 $34,688,612 $34,819,131 $34,872,537

State General Funds

$38,639,707 $34,688,612 $34,819,131 $34,872,537

TOTAL FEDERAL FUNDS

$3,726,687

$3,726,687

$3,726,687

American Recovery and Reinvestment Act of 2009

$3,726,687

$3,726,687

$3,726,687

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,002,533

$5,002,533

$5,002,533

$5,002,533

Federal Funds Transfers

$5,002,533

$5,002,533

$5,002,533

$5,002,533

FF Foster Care Title IV-E CFDA93.658

$703,693

$703,693

$703,693

$703,693

FF Medical Assistance Program CFDA93.778

$4,298,840

$4,298,840

$4,298,840

$4,298,840

TOTAL PUBLIC FUNDS

$43,642,240 $43,417,832 $43,548,351 $43,601,757

4586

JOURNAL OF THE HOUSE

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

$55,094,993 $55,094,993 $4,297,106 $4,297,106
$4,297,106 $59,392,099

$55,094,993 $55,094,993 $4,297,106 $4,297,106 $4,297,106 $59,392,099

$55,094,993 $55,094,993
$4,297,106 $4,297,106 $4,297,106 $59,392,099

$55,094,993 $55,094,993 $4,297,106
$4,297,106 $4,297,106 $59,392,099

237.1 Defer the FY09 cost of living adjustment.

State General Funds

($460,970)

($460,970)

($460,970)

($460,970)

237.2 Defer salary adjustments for critical jobs.

State General Funds

($247,270)

($247,270)

($247,270)

($247,270)

237.3 Defer structure adjustments to the statewide salary plan.

State General Funds

($13,171)

($13,171)

($13,171)

($13,171)

237.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,353,230) ($1,908,093) ($1,648,866)

$0

237.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,621,670

$1,621,670

$1,621,670

$1,621,670

237.6 Reduce funds through the consolidation of five regions to four and by eliminating one regional position.

State General Funds

($116,813)

($116,813)

($116,813)

($116,813)

237.7 Reduce funds and the use of part-time labor positions by approximately 25%.

State General Funds

($301,285)

($301,285)

($301,285)

($301,285)

237.8 Reduce funds from the Apprehensions Unit by eliminating twelve investigator positions.

State General Funds

($640,850)

($640,850)

($640,850)

($640,850)

237.9 Reduce funds received in HB990 (FY09G) for sixty-seven additional Juvenile Probation and Parole Specialists (JPPS).

State General Funds

($3,157,758) ($3,157,758) ($3,157,758) ($3,199,738)

237.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($260,863)

($357,348)

($357,348)

237.11 Recognize funds from the American Recovery and Reinvestment Act of 2009.

WEDNESDAY, APRIL 1, 2009

4587

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($4,679,374) $4,679,374
$0

($4,679,374) $4,679,374
$0

($4,679,374) $4,679,374
$0

237.99 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 and supervise youth directly in the community, provide transitional and treatment services to those youth, and to provide agency wide services, including intake, court services, and case management.

State General Funds

$0

237.100-Community Supervision

Appropriation (HB 119)

The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens and

supervise youth directly in the community, provide transitional and treatment services to those youth, and to provide agency wide services, including intake,

court services, and case management.

TOTAL STATE FUNDS

$50,425,316 $44,930,216 $45,092,958 $46,699,844

State General Funds

$50,425,316 $44,930,216 $45,092,958 $46,699,844

TOTAL FEDERAL FUNDS

$4,679,374

$4,679,374

$4,679,374

American Recovery and Reinvestment Act of 2009

$4,679,374

$4,679,374

$4,679,374

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,297,106

$4,297,106

$4,297,106

$4,297,106

Federal Funds Transfers

$4,297,106

$4,297,106

$4,297,106

$4,297,106

FF Medical Assistance Program CFDA93.778

$4,297,106

$4,297,106

$4,297,106

$4,297,106

TOTAL PUBLIC FUNDS

$54,722,422 $53,906,696 $54,069,438 $55,676,324

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 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

$28,459,888 $28,459,888
$339,060 $339,060
$25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

$28,459,888 $28,459,888
$339,060 $339,060
$25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

$28,459,888 $28,459,888
$339,060 $339,060
$25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

$28,459,888 $28,459,888
$339,060 $339,060 $25,060
$25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

238.1 Defer the FY09 cost of living adjustment. State General Funds

($200,229)

($200,229)

($200,229)

($200,229)

4588

JOURNAL OF THE HOUSE

238.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($5,721)

($5,721)

($5,721)

($5,721)

238.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($460,827)

($648,907)

($560,749)

$0

238.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,613,399

$1,613,399

$1,613,399

$1,613,399

238.5 Reduce funds through the consolidation of five regions to four and by eliminating two regional positions.

State General Funds

($183,908)

($183,908)

($183,908)

($183,908)

238.6 Reduce funds and the use of part-time labor positions by approximately 25%.

State General Funds

($88,195)

($88,195)

($88,195)

($88,195)

238.7 Reduce funds from the Training Unit through changes in the delivery of programs and reduction of contracts.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

238.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($140,239)

($411,357)

($411,357)

238.9 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($2,493,798) $2,493,798
$0

($2,493,798) $2,493,798
$0

($2,493,798) $2,493,798
$0

238.10 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($50,943)

($50,943)

238.100-Departmental Administration

Appropriation (HB 119)

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

$28,834,407 $26,012,290 $25,778,387 $26,339,136

State General Funds

$28,834,407 $26,012,290 $25,778,387 $26,339,136

TOTAL FEDERAL FUNDS

$339,060

$2,832,858

$2,832,858

$2,832,858

American Recovery and Reinvestment Act of 2009

$2,493,798

$2,493,798

$2,493,798

Federal Funds Not Itemized

$339,060

$339,060

$339,060

$339,060

TOTAL AGENCY FUNDS

$25,060

$25,060

$25,060

$25,060

Sales and Services

$25,060

$25,060

$25,060

$25,060

Sales and Services Not Itemized

$25,060

$25,060

$25,060

$25,060

WEDNESDAY, APRIL 1, 2009

4589

TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$220,095 $220,095 $220,095 $29,418,622

$220,095 $220,095 $220,095 $29,090,303

$220,095 $220,095 $220,095 $28,856,400

$220,095 $220,095 $220,095 $29,417,149

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

$99,055,570 $99,055,570 $1,274,905 $1,274,905
$27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $102,455,657

$99,055,570 $99,055,570 $1,274,905
$1,274,905 $27,991 $27,991 $27,991
$2,097,191 $2,097,191 $2,097,191 $102,455,657

$99,055,570 $99,055,570
$1,274,905 $1,274,905
$27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $102,455,657

$99,055,570 $99,055,570 $1,274,905
$1,274,905 $27,991 $27,991 $27,991
$2,097,191 $2,097,191 $2,097,191 $102,455,657

239.1 Defer the FY09 cost of living adjustment.

State General Funds

($819,962)

($819,962)

($819,962)

($819,962)

239.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($23,427)

($23,427)

($23,427)

($23,427)

239.3 Defer salary adjustments for critical jobs.

State General Funds

($439,995)

($439,995)

($439,995)

($439,995)

239.4 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1.

State General Funds

($829,394)

($829,394)

($829,394)

($829,394)

239.5

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,510,390) ($2,124,394) ($1,835,781)

$0

239.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$180,572

$180,572

$180,572

$180,572

239.7 Reduce funds and the use of part-time labor positions by approximately 25%.

4590

JOURNAL OF THE HOUSE

State General Funds

($329,843)

($329,843)

($329,843)

($329,843)

239.8 Reduce funds and suspend the 21st Century After School Program.

State General Funds

($385,000)

($385,000)

($385,000)

($385,000)

239.9 Reduce funds and suspend the Think Exit at Entry Transition Program.

State General Funds

($600,000)

($600,000)

($600,000)

($600,000)

239.10 Reduce funds from substance abuse education programs.

State General Funds

($96,333)

($96,333)

($96,333)

($96,333)

239.11 Eliminate funds for the Medical College of Georgia (MCG) residency program that provides limited psychiatry hours at the Augusta Youth Development Campus (YDC).

State General Funds

($31,200)

($31,200)

($31,200)

($31,200)

239.12 Reduce funds by replacing one social service provider position with a part-time position.

State General Funds

($22,573)

($22,573)

($22,573)

($22,573)

239.13 Reduce funds by eliminating the use of on-call social workers.

State General Funds

($194,610)

($194,610)

($194,610)

($194,610)

239.14 Reduce funds and close the McIntosh YDC effective April 2009 by reducing the maximum length of stay in the Short Term Program (STP) to thirty days.

State General Funds

($3,646,064) ($3,646,064) ($3,646,064) ($3,646,064)

239.15 Reduce funds through the consolidation of five regions to four and by eliminating one regional position.

State General Funds

($134,473)

($134,473)

($134,473)

($134,473)

239.16 Reduce funds to reflect the revised revenue estimate.

State General Funds

($446,064)

($234,946)

($234,946)

239.17 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($8,013,778) $8,013,778
$0

($8,013,778) $8,013,778
$0

($8,013,778) $8,013,778
$0

239.99 SAC: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody, sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440.

State General Funds

$0

239.100-Secure Commitment (YDCs)

Appropriation (HB 119)

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth

including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody,

sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440.

WEDNESDAY, APRIL 1, 2009

4591

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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

$90,172,878 $90,172,878 $1,274,905
$1,274,905 $27,991 $27,991 $27,991
$2,097,191 $2,097,191 $2,097,191 $93,572,965

$81,099,032 $81,099,032 $9,288,683
$8,013,778 $1,274,905
$27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $92,512,897

$81,598,763 $81,598,763 $9,288,683
$8,013,778 $1,274,905
$27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $93,012,628

$83,434,544 $83,434,544 $9,288,683 $8,013,778 $1,274,905
$27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $94,848,409

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 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

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

240.1 Defer the FY09 cost of living adjustment.

State General Funds

($981,955)

($981,955)

($981,955)

($981,955)

240.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($23,457)

($23,457)

($23,457)

($23,457)

240.3 Defer salary adjustments for critical jobs.

State General Funds

($524,842)

($524,842)

($524,842)

($524,842)

240.4 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1.

State General Funds

($786,793)

($786,793)

($786,793)

($786,793)

240.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

4592

JOURNAL OF THE HOUSE

Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,115,485) ($2,982,980) ($2,577,722)

$0

240.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$669,445

$669,445

$669,445

$669,445

240.7 Reduce funds and the use of part-time labor positions by 25%.

State General Funds

($566,063)

($566,063)

($566,063)

($566,063)

240.8 Eliminate funds for the Emory Residency program that provides limited psychiatry hours at the Metro Regional Youth Detention Center (RYDC).

State General Funds

($10,400)

($10,400)

($10,400)

($10,400)

240.9 Reduce funds by replacing nine social service provider positions with part-time positions.

State General Funds

($286,885)

($286,885)

($286,885)

($286,885)

240.10 Reduce funds through a decrease in psychology hours from nineteen to sixteen hours at sixty-four bed RYDCs.

State General Funds

($98,133)

($98,133)

($98,133)

($98,133)

240.11 Eliminate funds for substance abuse education programs.

State General Funds

($244,641)

($244,641)

($244,641)

($244,641)

240.12 Reduce funds by eliminating the use of on-call social workers.

State General Funds

($227,261)

($227,261)

($227,261)

($227,261)

240.13 Reduce funds through the consolidation of five regions to four and by eliminating four regional positions.

State General Funds

($325,219)

($325,219)

($325,219)

($325,219)

240.14 Reduce funds to reflect the revised revenue estimate.

State General Funds

($506,314)

($471,952)

($471,952)

240.15 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($9,106,566) $9,106,566
$0

($9,106,566) $9,106,566
$0

($9,106,566) $9,106,566
$0

240.99 SAC: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement in one of the Department's treatment programs or facilities.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4593

240.100-Secure Detention (RYDCs)

Appropriation (HB 119)

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of

youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement

in one of the Department's treatment programs or facilities.

TOTAL STATE FUNDS

$104,232,190 $93,751,815 $94,191,435 $96,769,157

State General Funds

$104,232,190 $93,751,815 $94,191,435 $96,769,157

TOTAL FEDERAL FUNDS

$60,147

$9,166,713

$9,166,713

$9,166,713

American Recovery and Reinvestment Act of 2009

$9,106,566

$9,106,566

$9,106,566

Federal Funds Not Itemized

$60,147

$60,147

$60,147

$60,147

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

$1,844,607

$1,844,607

$1,844,607

$1,844,607

Federal Funds Transfers

$1,844,607

$1,844,607

$1,844,607

$1,844,607

FF National School Lunch Program CFDA10.555

$1,844,607

$1,844,607

$1,844,607

$1,844,607

TOTAL PUBLIC FUNDS

$106,211,522 $104,837,713 $105,277,333 $107,855,055

Section 30: Labor, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878
$6,904,800 $6,904,800 $439,889,791

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878
$6,904,800 $6,904,800 $439,889,791

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878
$6,904,800 $6,904,800 $439,889,791

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878 $6,904,800
$6,904,800 $439,889,791

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

Section Total - Final

$47,485,719 $47,389,303

$47,485,719 $47,389,303

$345,440,508 $345,440,508

$345,440,508 $345,440,508

$31,523,391 $31,523,391

$729,513

$729,513

$30,793,878 $30,793,878

$6,904,800

$6,904,800

$47,527,678 $47,527,678 $345,440,508 $345,440,508 $31,523,391
$729,513 $30,793,878 $6,904,800

$46,432,021 $46,432,021 $345,440,508 $345,440,508 $31,523,391
$729,513 $30,793,878
$4,800

4594

JOURNAL OF THE HOUSE

Federal Funds Transfers TOTAL PUBLIC FUNDS

$6,904,800

$6,904,800

$6,904,800

$4,800

$431,354,418 $431,258,002 $431,396,377 $423,400,720

Business Enterprise Program

Continuation Budget

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

241.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,509)

($2,509)

($2,509)

($2,509)

241.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($289)

($289)

($289)

($289)

241.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($11,381)

($8,366)

($7,229)

$0

241.4 Reduce funds from personnel.

State General Funds

($7,920)

($7,920)

($7,920)

($7,920)

241.5 Reduce funds from operations.

State General Funds

($45,000)

($45,000)

($45,000)

($45,000)

241.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,551)

($4,551)

($4,551)

241.100-Business Enterprise Program

Appropriation (HB 119)

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS

$377,009

$375,473

$376,610

State General Funds

$377,009

$375,473

$376,610

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

$2,343,094

$2,341,558

$2,342,695

$383,839 $383,839 $1,966,085 $1,966,085 $2,349,924

WEDNESDAY, APRIL 1, 2009

4595

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

242.1 Reduce funds. State General Funds 242.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($9,300)

($9,300) ($1,012)

($9,300) ($1,012)

($9,300) ($1,012)

242.100-Commission on Women

Appropriation (HB 119)

The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia.

TOTAL STATE FUNDS

$83,872

$82,860

State General Funds

$83,872

$82,860

TOTAL PUBLIC FUNDS

$83,872

$82,860

$82,860 $82,860 $82,860

$82,860 $82,860 $82,860

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

243.1 Defer the FY09 cost of living adjustment.

State General Funds

($31,827)

($31,827)

($31,827)

($31,827)

243.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($3,661)

($3,661)

($3,661)

($3,661)

243.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

4596

JOURNAL OF THE HOUSE

State General Funds

($89,674)

($65,919)

($56,963)

$0

243.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,800

$5,800

$5,800

$5,800

243.5 Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance.

State General Funds

($211,276)

($211,276)

($211,276)

($211,276)

243.6 Reduce funds from personnel.

State General Funds

($653,327)

($653,327)

($653,327)

($653,327)

243.7 Reduce funds designated for vehicle purchases.

State General Funds

($4,117)

($4,117)

($4,117)

($4,117)

243.8 Reduce funds from operations.

State General Funds

($115,000)

($115,000)

($115,000)

($115,000)

243.9 Eliminate funds from the GoodWorks program to align expenditures to annual grant award.

Temporary Assistance for Needy Families Grant CFDA93.558

($510,000)

($510,000)

($510,000)

($510,000)

243.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($28,001)

($28,001)

($28,001)

243.11 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($4,378)

($4,378)

243.100-Department of Labor Administration

Appropriation (HB 119)

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

$2,319,554

$2,315,308

$2,319,886

$2,376,849

State General Funds

$2,319,554

$2,315,308

$2,319,886

$2,376,849

TOTAL FEDERAL FUNDS

$37,923,936 $37,923,936 $37,923,936 $37,923,936

Federal Funds Not Itemized

$37,923,936 $37,923,936 $37,923,936 $37,923,936

TOTAL PUBLIC FUNDS

$40,243,490 $40,239,244 $40,243,822 $40,300,785

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

244.100-Disability Adjudication Section

Appropriation (HB 119)

The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support.

WEDNESDAY, APRIL 1, 2009

4597

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

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

245.1 Defer the FY09 cost of living adjustment.

State General Funds

($12,443)

($12,443)

($12,443)

($12,443)

245.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($1,431)

($1,431)

($1,431)

($1,431)

245.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($59,196)

($43,516)

($37,604)

$0

245.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,608

$4,608

$4,608

$4,608

245.5 Reduce funds from operations.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

245.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($25,851)

($25,851)

($25,851)

245.100-Division of Rehabilitation Administration

Appropriation (HB 119)

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

$2,141,437

$2,131,266

$2,137,178

$2,174,782

State General Funds

$2,141,437

$2,131,266

$2,137,178

$2,174,782

TOTAL FEDERAL FUNDS

$2,913,518

$2,913,518

$2,913,518

$2,913,518

4598

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$2,913,518 $5,054,955

$2,913,518 $5,044,784

$2,913,518 $5,050,696

$2,913,518 $5,088,300

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

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

246.1 Defer the FY09 cost of living adjustment.

State General Funds

($64,583)

($64,583)

($64,583)

($64,583)

246.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($7,428)

($7,428)

($7,428)

($7,428)

246.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($11,607)

($8,532)

($7,373)

$0

246.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,458)

($4,458)

($4,458)

246.100-Georgia Industries for the Blind

Appropriation (HB 119)

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL STATE FUNDS

$369,295

$367,912

$369,071

$376,444

State General Funds

$369,295

$367,912

$369,071

$376,444

TOTAL AGENCY FUNDS

$11,828,888 $11,828,888 $11,828,888 $11,828,888

Reserved Fund Balances

$729,513

$729,513

$729,513

$729,513

Reserved Fund Balances Not Itemized

$729,513

$729,513

$729,513

$729,513

Sales and Services

$11,099,375 $11,099,375 $11,099,375 $11,099,375

Sales and Services Not Itemized

$11,099,375 $11,099,375 $11,099,375 $11,099,375

TOTAL PUBLIC FUNDS

$12,198,183 $12,196,800 $12,197,959 $12,205,332

WEDNESDAY, APRIL 1, 2009

4599

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

$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

247.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,038)

($8,038)

($8,038)

($8,038)

247.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($924)

($924)

($924)

($924)

247.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($22,646)

($16,647)

($14,385)

$0

247.4 Reduce funds from operations.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

247.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($8,469)

($8,469)

($8,469)

247.100-Labor Market Information

Appropriation (HB 119)

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

$701,543

$699,073

$701,335

State General Funds

$701,543

$699,073

$701,335

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

$2,951,416

$2,948,946

$2,951,208

$715,720 $715,720 $2,249,873 $2,249,873 $2,965,593

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

$7,339,734 $7,339,734 $6,989,289 $6,989,289

$7,339,734 $7,339,734 $6,989,289 $6,989,289

$7,339,734 $7,339,734 $6,989,289 $6,989,289

$7,339,734 $7,339,734 $6,989,289 $6,989,289

4600

JOURNAL OF THE HOUSE

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

$18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

$18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

$18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

$18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

248.1 Defer the FY09 cost of living adjustment.

State General Funds

($51,285)

($51,285)

($51,285)

($51,285)

248.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($5,898)

($5,898)

($5,898)

($5,898)

248.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($188,095)

($138,269)

($119,484)

$0

248.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$9,726

$9,726

$9,726

$9,726

248.5 Reduce funds from personnel.

State General Funds

($208,904)

($208,904)

($208,904)

($208,904)

248.6 Reduce funds designated for vehicle purchases.

State General Funds

($59,095)

($59,095)

($59,095)

($59,095)

248.7 Reduce funds received in HB990 (FY09G) for Blaze Sports America, Inc.

State General Funds

($104,000)

($104,000)

($104,000)

($104,000)

248.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($81,269)

($81,269)

($81,269)

248.9 Reduce funds and direct the Department to submit a plan for Roosevelt Warm Springs to make the hospital, golf course, and recreational facilities selfsufficient using federal grants and agency generated income within five years.

State General Funds

($130,652)

248.100-Roosevelt Warm Springs Institute

Appropriation (HB 119)

The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

TOTAL STATE FUNDS

$6,732,183

$6,700,740

$6,719,525

State General Funds

$6,732,183

$6,700,740

$6,719,525

$6,708,357 $6,708,357

WEDNESDAY, APRIL 1, 2009

4601

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $32,614,559

$6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $32,583,116

$6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $32,601,901

$6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $32,590,733

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

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

249.1 Defer the FY09 cost of living adjustment.

State General Funds

($27,096)

($27,096)

($27,096)

($27,096)

249.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($3,116)

($3,116)

($3,116)

($3,116)

249.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($87,296)

($64,171)

($55,453)

$0

249.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,250

$5,250

$5,250

$5,250

249.5 Reduce funds received in HB990 (FY09G) for three safety inspector positions and one clerical position.

State General Funds

($257,142)

($257,142)

($257,142)

($257,142)

249.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($36,662)

($36,662)

($36,662)

4602

JOURNAL OF THE HOUSE

249.100-Safety Inspections

Appropriation (HB 119)

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

$3,037,035

$3,023,498

$3,032,216

$3,087,669

State General Funds

$3,037,035

$3,023,498

$3,032,216

$3,087,669

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

$3,205,587

$3,192,050

$3,200,768

$3,256,221

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

$11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746

$11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746

$11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746

$11,228,560 $11,228,560 $49,173,186 $49,173,186 $60,401,746

250.1 Defer the FY09 cost of living adjustment.

State General Funds

($100,736)

($100,736)

($100,736)

($100,736)

250.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($11,586)

($11,586)

($11,586)

($11,586)

250.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($283,824)

($208,639)

($180,294)

$0

250.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$15,009

$15,009

$15,009

$15,009

250.5 Reduce funds from operations.

State General Funds

($106,890)

($106,890)

($106,890)

($106,890)

250.6 Reduce funds to reflect the new cost allocation rate on administrative assessments for unemployment insurance.

State General Funds

($2,580,789) ($2,580,789) ($2,580,789) ($2,580,789)

250.7 Reduce funds designated for vehicle purchases.

State General Funds

($10,452)

($10,452)

($10,452)

($10,452)

WEDNESDAY, APRIL 1, 2009

4603

250.8 Reduce funds and use federal stimulus receipts to cover administrative costs. State General Funds

($2,000,000)

250.100-Unemployment Insurance

Appropriation (HB 119)

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

$8,149,292

$8,224,477

$8,252,822

$6,433,116

State General Funds

$8,149,292

$8,224,477

$8,252,822

$6,433,116

TOTAL FEDERAL FUNDS

$49,173,186 $49,173,186 $49,173,186 $49,173,186

Federal Funds Not Itemized

$49,173,186 $49,173,186 $49,173,186 $49,173,186

TOTAL PUBLIC FUNDS

$57,322,478 $57,397,663 $57,426,008 $55,606,302

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 Temporary Assistance for Needy Families TANF Transfers to Child Care Development Fund per 42 USC 604
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

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000)
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000)
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000)
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000)
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846

251.1 Defer the FY09 cost of living adjustment.

State General Funds

($82,563)

($82,563)

($82,563)

($82,563)

251.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($9,496)

($9,496)

($9,496)

($9,496)

251.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($462,040)

($339,797)

($293,633)

$0

4604

JOURNAL OF THE HOUSE

251.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$26,362

$26,362

$26,362

$26,362

251.5 Increase funds for the GoodWorks program to align TANF expenditures to annual grant award.

TANF Transfers to Child Care Development Fund per 42 USC 604

$1,700,000

$1,700,000

$1,700,000

$1,700,000

251.6 Reduce funds from operations.

State General Funds

($540,000)

($540,000)

($540,000)

($540,000)

251.7 Reduce funds for the purchase of service and special purpose contracts.

State General Funds

($597,296)

($597,296)

($597,296)

($597,296)

251.8 Reduce funds received in HB990 (FY09G) for the Georgia Games.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

251.9 Reduce funds received in HB990 (FY09G) for SHARE DEAR.

State General Funds

($48,661)

($48,661)

($48,661)

($48,661)

251.10 Reduce funds from the Georgia Council on the Hearing Impaired (Hinesville Location).

State General Funds

($167,000)

($167,000)

($167,000)

($40,000)

251.11 Reduce funds by eliminating the State-wide Assistive Technology contract.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

251.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($194,279)

($194,279)

($194,279)

251.13 Reduce funds for the GoodWorks program to align expenditures to annual grant award.

FF Temporary Assistance for Needy Families CFDA93.558

($1,700,000)

251.100-Vocational Rehabilitation Program

Appropriation (HB 119)

The purpose of this appropriation is to assist people with disabilities so that they may go to work.

TOTAL STATE FUNDS

$16,093,783 $16,021,747 $16,067,911

State General Funds

$16,093,783 $16,021,747 $16,067,911

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

$84,267,152 $84,195,116 $84,241,280

$16,488,544 $16,488,544 $65,667,153 $65,667,153
$806,216 $806,216 $806,216
$82,961,913

WEDNESDAY, APRIL 1, 2009

4605

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

252.1 Defer the FY09 cost of living adjustment.

State General Funds

($75,752)

($75,752)

($75,752)

($75,752)

252.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($8,712)

($8,712)

($8,712)

($8,712)

252.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($213,430)

($156,892)

($135,577)

$0

252.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$9,892

$9,892

$9,892

$9,892

252.5 Reduce funds designated for vehicle purchases.

State General Funds

($20,289)

($20,289)

($20,289)

($20,289)

252.6 Reduce funds from operations.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

252.7 Eliminate funds from the GoodWorks program to align expenditures to annual grant award.

Temporary Assistance for Needy Families Grant CFDA93.558

($1,442,000) ($1,442,000) ($1,442,000) ($1,442,000)

252.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($90,305)

($90,305)

($90,305)

252.9 Eliminate the GoodWorks program.

FF Temporary Assistance for Needy Families CFDA93.558

($5,200,000)

4606

JOURNAL OF THE HOUSE

252.100-Workforce Development

Appropriation (HB 119)

The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development.

TOTAL STATE FUNDS

$7,480,716

$7,446,949

$7,468,264

$7,603,841

State General Funds

$7,480,716

$7,446,949

$7,468,264

$7,603,841

TOTAL FEDERAL FUNDS

$122,790,096 $122,790,096 $122,790,096 $122,790,096

Federal Funds Not Itemized

$122,790,096 $122,790,096 $122,790,096 $122,790,096

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

$135,470,812 $135,437,045 $135,458,360 $130,393,937

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

$19,650,981 $19,650,981
$24,817 $23,817
$1,000 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221

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

$17,594,448 $17,271,353

$17,594,448 $17,271,353

$24,817

$24,817

$23,817

$23,817

$1,000

$1,000

$36,801,423 $36,801,423

$36,801,423 $36,801,423

$54,420,688 $54,097,593

$17,370,758 $17,370,758
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $54,196,998

$18,008,924 $18,008,924
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $54,835,164

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

$19,650,981 $19,650,981
$24,817 $23,817 $23,817

$19,650,981 $19,650,981
$24,817 $23,817 $23,817

$19,650,981 $19,650,981
$24,817 $23,817 $23,817

$19,650,981 $19,650,981
$24,817 $23,817 $23,817

WEDNESDAY, APRIL 1, 2009

4607

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

$1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

$1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

$1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

$1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

253.1 Defer the FY09 cost of living adjustment.

State General Funds

($247,231)

($247,231)

($247,231)

($247,231)

253.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($591,344)

($738,495)

($638,166)

$0

253.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$41,945

$41,945

$41,945

$41,945

253.4 Reduce funds by eliminating five vacant positions.

State General Funds

($267,258)

($267,258)

($267,258)

($267,258)

253.5 Reduce funds from personnel.

State General Funds

($802,445)

($802,445)

($802,445)

($802,445)

253.6 Reduce funds by suspending the summer internship program.

State General Funds

($35,000)

($35,000)

($35,000)

($35,000)

253.7 Reduce funds from library spending.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

253.8 Reduce funds by discontinuing a software licensing contract.

State General Funds

($40,200)

($40,200)

($40,200)

($40,200)

253.9 Reduce funds from travel.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

253.10 Reduce funds and reflect the anticipated change in the hospital acquisition statute requiring payment of valuation studies by the department.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

253.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($175,944)

($175,944)

($175,944)

253.12 Reduce merit system assessments from $147 to $137 per position.

4608

JOURNAL OF THE HOUSE

State General Funds

($924)

($924)

253.99 SAC: The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in which the state of Georgia is involved.

State General Funds

$0

253.100-Law, Department of

Appropriation (HB 119)

The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide

binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in

which the state of Georgia is involved.

TOTAL STATE FUNDS

$17,594,448 $17,271,353 $17,370,758 $18,008,924

State General Funds

$17,594,448 $17,271,353 $17,370,758 $18,008,924

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

$54,420,688 $54,097,593 $54,196,998 $54,835,164

Section 32: Natural Resources, 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 Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$130,877,057 $130,877,057 $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
$303,875,765

$130,877,057 $130,877,057 $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
$303,875,765

$130,877,057 $130,877,057 $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
$303,875,765

$130,877,057 $130,877,057 $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
$303,875,765

WEDNESDAY, APRIL 1, 2009

4609

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

$107,630,739 $108,265,466

$107,630,739 $108,265,466

$49,146,841 $49,146,841

$49,146,841 $49,146,841

$122,969,762 $122,969,762

$4,583,045

$4,583,045

$103,913

$103,913

$2,941,137

$2,941,137

$15,250

$15,250

$115,326,417 $115,326,417

$130,000

$130,000

$130,000

$130,000

$279,877,342 $280,512,069

$105,380,308 $105,380,308 $49,146,841 $49,146,841 $117,836,831
$4,583,045 $103,913
$2,941,137 $15,250
$110,193,486 $130,000 $130,000
$272,493,980

$102,739,132 $102,739,132 $49,146,841 $49,146,841 $127,082,804
$4,583,045 $103,913
$2,941,137 $15,250
$119,439,459 $130,000 $130,000
$279,098,777

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

254.1 Defer the FY09 cost of living adjustment.

State General Funds

($22,098)

($22,098)

($22,098)

($22,098)

254.2 Defer 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)

($11,991)

($11,991)

254.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($82,704)

($56,974)

($49,234)

$0

4610

JOURNAL OF THE HOUSE

254.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,578

$3,578

$3,578

$3,578

254.5 Reduce funds from operations.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

254.6 Eliminate funds received in HB95 (FY08G) for sunken vessel removal.

State General Funds

($180,000)

($180,000)

($180,000)

($180,000)

254.7 Reduce funds designated for vehicle purchases.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

254.8 Reduce funds from artificial reef construction. (H:Reflect reduction presented in agency's request)

State General Funds

($49,271)

($49,271)

($75,549)

($75,549)

254.9 Reduce funds from buoy repair and maintenance.

State General Funds

($7,305)

($7,305)

($7,305)

($7,305)

254.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($12,966)

($12,966)

($12,966)

254.11 Reduce funds by eliminating two vacant positions.

State General Funds

($95,235)

($95,235)

254.99

SAC: The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs.

State General Funds

$0

254.100-Coastal Resources

Appropriation (HB 119)

The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by

balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within

the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and

recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs.

TOTAL STATE FUNDS

$2,508,946

$2,521,710

$2,407,937

$2,457,171

State General Funds

$2,508,946

$2,521,710

$2,407,937

$2,457,171

TOTAL FEDERAL FUNDS

$5,940,807

$5,940,807

$5,940,807

$5,940,807

Federal Funds Not Itemized

$5,940,807

$5,940,807

$5,940,807

$5,940,807

TOTAL AGENCY FUNDS

$90,221

$90,221

$90,221

$90,221

Sales and Services

$90,221

$90,221

$90,221

$90,221

WEDNESDAY, APRIL 1, 2009

4611

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$90,221 $8,539,974

$90,221 $8,552,738

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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

$90,221 $8,438,965
$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

$90,221 $8,488,199
$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

255.1 Defer the FY09 cost of living adjustment.

State General Funds

($85,628)

($85,628)

($85,628)

($85,628)

255.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($30,287)

($30,287)

($30,287)

($30,287)

255.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($320,471)

($220,769)

($190,776)

$0

255.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,133,190

$1,133,190

$1,133,190

$1,133,190

255.5 Reduce funds from operations.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

255.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($59,209)

($59,209)

($59,209)

255.7 Reduce funds by eliminating vacant positions.

State General Funds

($301,000)

($382,000)

255.8 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($11,954)

($11,954)

4612

JOURNAL OF THE HOUSE

255.100-Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$11,456,456 $11,496,949 $11,213,988

State General Funds

$11,456,456 $11,496,949 $11,213,988

TOTAL FEDERAL FUNDS

$174,383

$174,383

$174,383

Federal Funds Not Itemized

$174,383

$174,383

$174,383

TOTAL AGENCY FUNDS

$573,266

$573,266

$573,266

Contributions, Donations, and Forfeitures

$161,636

$161,636

$161,636

Contributions, Donations, and Forfeitures Not Itemized

$161,636

$161,636

$161,636

Sales and Services

$411,630

$411,630

$411,630

Sales and Services Not Itemized

$411,630

$411,630

$411,630

TOTAL PUBLIC FUNDS

$12,204,105 $12,244,598 $11,961,637

$11,323,764 $11,323,764
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $12,071,413

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

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

256.1 Defer the FY09 cost of living adjustment.

State General Funds

($343,070)

($343,070)

($343,070)

($343,070)

256.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($7,885)

($7,885)

($7,885)

($7,885)

256.3 Defer salary adjustments for critical jobs.

State General Funds

($120,167)

($120,167)

($120,167)

($120,167)

256.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,283,972)

($884,895)

($764,676)

$0

256.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

WEDNESDAY, APRIL 1, 2009

4613

State General Funds

$191,624

$191,624

$191,624

$191,624

256.6 Reduce funds by eliminating eighteen vacant positions.

State General Funds

($868,424)

($868,424)

($868,424)

($868,424)

256.7 Reduce funds from operations.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

256.8 Reduce funds for advertising from the Clean Air Campaign contract.

State General Funds

($180,000)

($180,000)

($180,000)

($180,000)

256.9 Reduce funds from the Emergency Response Network and eliminate two vacant positions.

State General Funds

($347,064)

($347,064)

($347,064)

($347,064)

256.10 Reduce funds for two land protection positions and fund with existing agency funds. (H:Provide funds for one environmental engineer and one geologist to maintain full staff for permitting)

State General Funds

($179,000)

($179,000)

$0

($179,000)

256.11 Reduce funds from water quality testing contracts by using the Environmental Protection Division laboratory.

State General Funds

($235,400)

($235,400)

($235,400)

($235,400)

256.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($148,838)

($148,838)

($148,838)

256.13 Reduce funds from travel.

State General Funds

($200,000)

$0

256.14 Reduce funds provided in HB990 (FY09G) to assist the Metropolitan North Georgia Water Planning District with updating plans.

State General Funds

($100,000)

256.99

SAC: The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used.

State General Funds

$0

256.100-Environmental Protection

Appropriation (HB 119)

The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and

area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to

4614

JOURNAL OF THE HOUSE

protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid

Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to

protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to

manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental

emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and

quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by

regulating the amount of water used.

TOTAL STATE FUNDS

$28,798,719 $29,048,958 $29,148,177 $29,833,853

State General Funds

$28,798,719 $29,048,958 $29,148,177 $29,833,853

TOTAL FEDERAL FUNDS

$23,517,774 $23,517,774 $23,517,774 $23,517,774

Federal Funds Not Itemized

$23,517,774 $23,517,774 $23,517,774 $23,517,774

TOTAL AGENCY FUNDS

$66,713,023 $66,713,023 $66,713,023 $66,713,023

Sales and Services

$66,713,023 $66,713,023 $66,713,023 $66,713,023

Sales and Services Not Itemized

$66,713,023 $66,713,023 $66,713,023 $66,713,023

TOTAL PUBLIC FUNDS

$119,029,516 $119,279,755 $119,378,974 $120,064,650

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

$7,600,000 $7,600,000 $7,600,000

257.1 Reduce unobligated funds.

State General Funds

($858,000)

($858,000)

($858,000)

($858,000)

257.2 Reduce funds by eliminating three vacant environmental engineer positions.

State General Funds

($186,018)

($186,018)

($186,018)

($186,018)

257.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($33,883)

($33,883)

($33,883)

257.4 Reduce funds from operations.

State General Funds

($3,325,000)

257.99 SAC: The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet the ten percent cost-sharing requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection Division, and to reimburse local governments for landfill remediation.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4615

257.100-Hazardous Waste Trust Fund

Appropriation (HB 119)

The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet the ten percent cost-sharing

requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the

Environmental Protection Division, and to reimburse local governments for landfill remediation.

TOTAL STATE FUNDS

$6,555,982

$6,522,099

$6,522,099

$3,197,099

State General Funds

$6,555,982

$6,522,099

$6,522,099

$3,197,099

TOTAL PUBLIC FUNDS

$6,555,982

$6,522,099

$6,522,099

$3,197,099

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

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

258.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,990)

($17,990)

($17,990)

($17,990)

258.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($67,329)

($46,382)

($40,081)

$0

258.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$36,670

$36,670

$36,670

$36,670

258.4 Reduce funds from the certified local government coordinator contract.

State General Funds

($42,000)

($42,000)

($42,000)

($42,000)

258.5 Reduce funds and defer the Georgia Heritage Grants.

State General Funds

($129,276)

($129,276)

($129,276)

($129,276)

258.6 Reduce funds from Regional Development Centers' Historic Preservation Planners.

State General Funds

($32,643)

($32,643)

$0

$0

258.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($9,943)

($9,943)

($9,943)

258.8 Reduce funds from operations. (S:Restore funds for archeology)

State General Funds

($279,195)

($179,195)

4616

JOURNAL OF THE HOUSE

258.9 Reduce funds by eliminating two vacant positions.

State General Funds

($100,000)

258.99

SAC: The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research.

State General Funds

$0

258.100-Historic Preservation

Appropriation (HB 119)

The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all

historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building

owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research.

TOTAL STATE FUNDS

$1,923,879

$1,934,883

$1,694,632

$1,734,713

State General Funds

$1,923,879

$1,934,883

$1,694,632

$1,734,713

TOTAL FEDERAL FUNDS

$1,007,287

$1,007,287

$1,007,287

$1,007,287

Federal Funds Not Itemized

$1,007,287

$1,007,287

$1,007,287

$1,007,287

TOTAL PUBLIC FUNDS

$2,931,166

$2,942,170

$2,701,919

$2,742,000

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

$519,421 $519,421 $519,421

$519,421 $519,421 $519,421

$519,421 $519,421 $519,421

$519,421 $519,421 $519,421

259.1 Defer the FY09 cost of living adjustment.

State General Funds

($4,513)

($4,513)

($4,513)

($4,513)

259.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($16,894)

($11,638)

($10,057)

$0

259.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$8,653

$8,653

$8,653

$8,653

259.4 Reduce funds from personnel.

WEDNESDAY, APRIL 1, 2009

4617

State General Funds

($97,793)

($97,793)

259.99 SAC: The purpose of this appropriation is to oversee the acquisition of land and the management of leases for recreational and conservation purposes and to validate that land upon which the state holds an easement remains in the required condition.

State General Funds

$0

259.100-Land Conservation

Appropriation (HB 119)

The purpose of this appropriation is to oversee the acquisition of land and the management of leases for recreational and conservation purposes and to validate

that land upon which the state holds an easement remains in the required condition.

TOTAL STATE FUNDS

$506,667

$511,923

$415,711

$425,768

State General Funds

$506,667

$511,923

$415,711

$425,768

TOTAL PUBLIC FUNDS

$506,667

$511,923

$415,711

$425,768

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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$27,435,429 $27,435,429 $1,704,029 $1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000 $30,000 $30,000 $70,424,697

$27,435,429 $27,435,429 $1,704,029
$1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000 $30,000 $30,000 $70,424,697

$27,435,429 $27,435,429
$1,704,029 $1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000 $30,000 $30,000 $70,424,697

$27,435,429 $27,435,429 $1,704,029
$1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000 $30,000 $30,000 $70,424,697

260.1 Defer the FY09 cost of living adjustment.

State General Funds

($227,227)

($227,227)

($227,227)

($227,227)

260.2 Defer salary adjustments for critical jobs.

State General Funds

($21,442)

($21,442)

($21,442)

($21,442)

260.3 Defer 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, Lodge/Parks General Manager 2, Lodge/Parks Region Manager, Parks Assistant Manager 1, Parks Assistant Manager 2, Parks Manager 1, Parks

4618

JOURNAL OF THE HOUSE

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) ($1,537,636) ($1,537,636)

260.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($850,419)

($585,844)

($506,253)

$0

260.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$27,429

$27,429

$27,429

$27,429

260.6 Reduce funds received in HB990 (FY09G) for the survey of High Falls State Park. (H:Provide partial funding)

State General Funds

($148,000)

($148,000)

($74,000)

($74,000)

260.7 Reduce funds received in HB990 (FY09G) to build public recreation facilities and a boat ramp at Bear Creek Reservoir.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

260.8 Reduce funds received in HB990 (FY09G) to control aquatic vegetation at Little Ocmulgee State Park.

State General Funds

($25,000)

($25,000)

$0

($25,000)

260.9 Reduce funds from repairs and maintenance.

State General Funds

($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000)

260.10 Reduce funds for two management and support positions and fund with existing agency funds.

State General Funds

($68,000)

($68,000)

($68,000)

($68,000)

260.11 Reduce funds by eliminating one vacant position and closing the Bo Ginn Aquarium.

State General Funds

($51,000)

($51,000)

($51,000)

($51,000)

260.12 Reduce funds by eliminating five positions and closing the Historic Site Region Office.

State General Funds

($526,481)

($526,481)

($526,481)

($526,481)

260.13 Reduce funds and suspend operations at eight swimming pools. (H and S:Due to new federal regulations on drains, temporarily suspend operations and pursue opportunities with local communities to retrofit drains)

State General Funds

($124,000)

($124,000)

($143,000)

($143,000)

260.14 Reduce funds from the Lodge Region Office and eliminate one position. (H:Pursue private or local community management)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($350,000)

($350,000) ($1,501,806)

$0

($2,104,028)

$0

($3,605,834)

$0

260.15 Eliminate funds for golf course operations and the golf course region office by the end of the first quarter of FY10. (H:Reflect additional reduction and aggressively pursue private or local community management)

WEDNESDAY, APRIL 1, 2009

4619

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($1,493,199) ($1,493,199) ($2,008,734)

$0

($2,025,709)

$0

($4,034,443)

$0

260.16 Reduce funds and defer opening the Suwanee River Eco-Lodge.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($175,000) ($165,000) ($340,000)

($175,000) ($165,000) ($340,000)

($175,000) ($165,000) ($340,000)

($175,000) ($165,000) ($340,000)

260.17 Reduce funds from appraisal contracts.

State General Funds

($76,000)

($76,000)

($76,000)

($76,000)

260.18 Reduce funds designated for vehicle purchases.

State General Funds

($406,798)

($406,798)

($406,798)

($406,798)

260.19 Reduce funds to reflect the revised revenue estimate.

State General Funds

($94,360)

($94,360)

($94,360)

260.20 Reduce funds from the George T. Bagby lodge and golf course and Little Ocmulgee lodge and golf course by contracting with local communities.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($602,502)

$0

($1,003,194)

$0

($1,605,696)

$0

260.21 Reduce funds from operations.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($4,113,042) $4,113,042
$0

260.99 SAC: The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites.

State General Funds

$0

260.100-Parks, Recreation and Historic Sites

Appropriation (HB 119)

The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites.

TOTAL STATE FUNDS

$18,257,656 $18,427,871 $16,317,619 $16,798,872

State General Funds

$18,257,656 $18,427,871 $16,317,619 $16,798,872

TOTAL FEDERAL FUNDS

$1,704,029

$1,704,029

$1,704,029

$1,704,029

Federal Funds Not Itemized

$1,704,029

$1,704,029

$1,704,029

$1,704,029

TOTAL AGENCY FUNDS

$41,090,239 $41,090,239 $35,957,308 $45,203,281

Contributions, Donations, and Forfeitures

$300,000

$300,000

$300,000

$300,000

Contributions, Donations, and Forfeitures Not Itemized

$300,000

$300,000

$300,000

$300,000

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

4620

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$37,849,102 $37,849,102
$30,000 $30,000 $30,000 $61,081,924

$37,849,102 $37,849,102
$30,000 $30,000 $30,000 $61,252,139

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 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

$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

$32,716,171 $32,716,171
$30,000 $30,000 $30,000 $54,008,956
$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

$41,962,144 $41,962,144
$30,000 $30,000 $30,000 $63,736,182
$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

261.99 SAC: The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses, manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote resource conservation and to encourage by-product reuse and recycling.

State General Funds

$0

261.100-Pollution Prevention Assistance

Appropriation (HB 119)

The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses,

manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote resource conservation and to

encourage by-product reuse and recycling.

TOTAL FEDERAL FUNDS

$96,580

$96,580

$96,580

$96,580

Federal Funds Not Itemized

$96,580

$96,580

$96,580

$96,580

TOTAL AGENCY FUNDS

$115,313

$115,313

$115,313

$115,313

Reserved Fund Balances

$103,913

$103,913

$103,913

$103,913

Reserved Fund Balances Not Itemized

$103,913

$103,913

$103,913

$103,913

Sales and Services

$11,400

$11,400

$11,400

$11,400

Sales and Services Not Itemized

$11,400

$11,400

$11,400

$11,400

TOTAL PUBLIC FUNDS

$211,893

$211,893

$211,893

$211,893

WEDNESDAY, APRIL 1, 2009

4621

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

$6,000,000 $6,000,000 $6,000,000

262.1 Reduce unobligated funds.

State General Funds

($3,092,862) ($3,092,862) ($3,092,862) ($3,092,862)

262.2 Reduce funds from operations.

State General Funds

($1,500,000)

262.99 SAC: The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs.

State General Funds

$0

262.100-Solid Waste Trust Fund

Appropriation (HB 119)

The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective

actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling

and waste reduction programs.

TOTAL STATE FUNDS

$2,907,138

$2,907,138

$2,907,138

$1,407,138

State General Funds

$2,907,138

$2,907,138

$2,907,138

$1,407,138

TOTAL PUBLIC FUNDS

$2,907,138

$2,907,138

$2,907,138

$1,407,138

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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700
$4,121,409 $4,121,409
$15,250 $15,250 $10,251,041

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041

4622

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$10,251,041 $100,000 $100,000 $100,000
$69,297,433

$10,251,041 $100,000 $100,000 $100,000
$69,297,433

$10,251,041 $100,000 $100,000 $100,000
$69,297,433

$10,251,041 $100,000 $100,000 $100,000
$69,297,433

263.1 Defer the FY09 cost of living adjustment.

State General Funds

($332,523)

($332,523)

($332,523)

($332,523)

263.2

Defer 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) ($1,411,373) ($1,411,373)

263.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,244,495)

($857,319)

($740,846)

$0

263.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$22,660

$22,660

$22,660

$22,660

263.5 Reduce funds received in HB990 (FY09G) to construct a campground and trail at the Berry College Wildlife Management Area (WMA).

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

263.6 Reduce funds by eliminating ten vacant law enforcement positions funded in HB990 (FY09G).

State General Funds

($450,000)

($450,000)

($450,000)

($450,000)

263.7 Reduce funds due to outsourcing of License and Boat Registration Unit functions and eliminating seven related positions.

State General Funds

($269,107)

($269,107)

($269,107)

($269,107)

263.8 Reduce funds designated for vehicle purchases.

State General Funds

($138,407)

($138,407)

($138,407)

($138,407)

263.9 Reduce funds by eliminating one vacant position for the Lake Burton cold-water hatchery.

State General Funds

($47,896)

($47,896)

($47,896)

($47,896)

263.10 Reduce funds from the Bobwhite Quail Initiative and replace with receipts from license plate sales.

State General Funds

($538,163)

($538,163)

($538,163)

($538,163)

WEDNESDAY, APRIL 1, 2009

4623

263.11 Reduce funds due to reductions in acres leased as a result of nearby state land acquisitions. (H:Decrease the initial acreage to be reduced to provide for continued access for hunting and fishing)

State General Funds

($106,134)

($106,134)

$0

($106,134)

263.12 Reduce funds and return select WMAs operated on federal lands to federal management. (H:Decrease the initial acreage to be reduced to provide for continued access for hunting and fishing)

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($391,403) ($587,105) ($978,508)

($391,403) ($587,105) ($978,508)

($170,537) ($587,105) ($757,642)

($391,403) ($587,105) ($978,508)

263.13 Reduce funds from the Charlie Elliott Wildlife Center.

State General Funds

($49,719)

($49,719)

($49,719)

($49,719)

263.14 Reduce funds by eliminating ten vacant conservation ranger positions.

State General Funds

($478,960)

($478,960)

($478,960)

($478,960)

263.15 Reduce funds from contracts.

State General Funds

($68,000)

($68,000)

($68,000)

($68,000)

263.16 Reduce funds from operations.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

263.17 Reduce funds to reflect the revised revenue estimate.

State General Funds

($165,219)

($165,219)

($165,219)

263.18 Reduce funds for flathead catfish management. (S:Shift focus of project to certify private citizens to eradicate flathead catfish)

State General Funds

($200,000)

($100,000)

263.19 Reduce funds received in HB85 (FY06G) and eliminate the vacant deadhead logger position.

State General Funds

($50,000)

($50,000)

263.99 SAC: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters.

State General Funds

$0

263.100-Wildlife Resources

Appropriation (HB 119)

The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect

non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the

state's archery and shooting ranges; and to license hunters, anglers, and boaters.

TOTAL STATE FUNDS

$31,968,127 $32,190,084 $32,383,557 $32,897,403

State General Funds

$31,968,127 $32,190,084 $32,383,557 $32,897,403

TOTAL FEDERAL FUNDS

$16,705,981 $16,705,981 $16,705,981 $16,705,981

4624

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
Royalties and Rents Royalties and Rents Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$16,705,981 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $63,161,808

$16,705,981 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $63,383,765

$16,705,981 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $63,577,238

$16,705,981 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $64,091,084

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

$1,802,507 $1,802,507 $1,802,507

$1,802,507 $1,802,507 $1,802,507

$1,802,507 $1,802,507 $1,802,507

$1,802,507 $1,802,507 $1,802,507

264.1 Defer the FY09 cost of living adjustment.

State General Funds

($25,535)

($25,535)

($25,535)

($25,535)

264.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($47,456)

($35,057)

($30,294)

$0

264.3 Reduce funds from operations.

State General Funds

($172,952)

($172,952)

($172,952)

($172,952)

264.4 Reduce funds received in HB990 (FY09G) to assist the Laurens County Agriculture and Exposition Center.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

264.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,316)

($15,316)

($15,316)

264.99 SAC: The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4625

264.100-Payments to Georgia Agricultural Exposition Authority

Appropriation (HB 119)

The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events.

TOTAL STATE FUNDS

$1,531,564

$1,528,647

$1,533,410

$1,563,704

State General Funds

$1,531,564

$1,528,647

$1,533,410

$1,563,704

TOTAL PUBLIC FUNDS

$1,531,564

$1,528,647

$1,533,410

$1,563,704

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

$1,124,176 $1,124,176 $1,124,176

$1,124,176 $1,124,176 $1,124,176

$1,124,176 $1,124,176 $1,124,176

$1,124,176 $1,124,176 $1,124,176

265.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,168)

($8,168)

($8,168)

($8,168)

265.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($17,127)

($45,372)

($39,208)

$0

265.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($54)

($54)

($54)

($54)

265.4 Reduce funds from operations.

State General Funds

($109,888)

($109,888)

($109,888)

($109,888)

265.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($9,889)

($9,889)

($9,889)

265.6 Reduce funds received in HB95 (FY08G) for operations.

State General Funds

($155,000)

($155,000)

265.7 Reduce funds received for repairs and maintenance in HB1027 (FY07G).

State General Funds

($32,820)

($32,820)

265.8 Reduce funds from personnel received in HB990 (FY09G).

State General Funds

($33,109)

($33,109)

265.99 SAC: The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material on the culture of Georgia's agriculture and rural history and to present agriculture and rural history to the general public and school groups.

4626

JOURNAL OF THE HOUSE

State General Funds

$0

265.100-Payments to Georgia Agrirama Development Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material on the culture of Georgia's agriculture and

rural history and to present agriculture and rural history to the general public and school groups.

TOTAL STATE FUNDS

$988,939

$950,805

$736,040

$775,248

State General Funds

$988,939

$950,805

$736,040

$775,248

TOTAL PUBLIC FUNDS

$988,939

$950,805

$736,040

$775,248

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

266.1 Eliminate funds. (H and S:Reduce funds by 25%) State General Funds

($100,000)

($100,000)

($25,000)

($25,000)

266.100-Payments to Lake Allatoona Preservation Authority

Appropriation (HB 119)

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

$75,000 $75,000 $75,000

$75,000 $75,000 $75,000

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

267.1 Reduce funds from operations. (H:Eliminate remaining state funds) State General Funds 267.2 Reduce funds from operations and utilize existing agency funds. State General Funds 267.3 Reduce funds to reflect the revised revenue estimate. State General Funds

($37,196) ($108,102)

($37,196) ($108,102)
($2,267)

($261,595) ($108,102)
($2,267)

($37,196) ($108,102)
($2,267)

WEDNESDAY, APRIL 1, 2009

4627

267.99 SAC: The purpose of this appropriation is to provide funds for the operation, maintenance, and capital improvements for a rail passenger excursion project in an effort to generate economic stimulus in two Tier 1 counties (Crisp and Sumter) located in Southwest Georgia.

State General Funds

$0

267.100-Payments to Southwest Georgia Railroad Excursion Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide funds for the operation, maintenance, and capital improvements for a rail passenger excursion project in an

effort to generate economic stimulus in two Tier 1 counties (Crisp and Sumter) located in Southwest Georgia.

TOTAL STATE FUNDS

$226,666

$224,399

$224,399

State General Funds

$226,666

$224,399

$224,399

TOTAL PUBLIC FUNDS

$226,666

$224,399

$224,399

Georgia State Games Commission
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

507.1 Increase funds. State General Funds 507.99 SAC: The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports.

$25,000

$25,000

State General Funds

$0

507.100-Georgia State Games Commission

Appropriation (HB 119)

The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports.

TOTAL STATE FUNDS

State General Funds

TOTAL PUBLIC FUNDS

$25,000 $25,000 $25,000

$25,000 $25,000 $25,000

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget 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 Convention Center and Golf Course - $579,346 for 16 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 16 of 20 years; last payment being made June 15, 2014.

4628

JOURNAL OF THE HOUSE

Section 33: Pardons and Paroles, State Board of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final

$52,819,039 $51,964,369

$52,819,039 $51,964,369

$806,050

$806,050

$806,050

$806,050

$53,625,089 $52,770,419

$52,185,773 $52,185,773
$806,050 $806,050 $52,991,823

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

$6,337,655 $6,337,655 $6,337,655

$6,337,655 $6,337,655 $6,337,655

$6,337,655 $6,337,655 $6,337,655

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640
$53,417,306 $53,417,306
$806,050 $806,050 $54,223,356
$6,337,655 $6,337,655 $6,337,655

268.1 Defer the FY09 cost of living adjustment.

State General Funds

($41,291)

($41,291)

($41,291)

($41,291)

268.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($199)

($199)

($199)

($199)

268.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($105,277)

($130,040)

($112,373)

$0

268.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$204,101

$204,101

$204,101

$204,101

268.5 Reduce one-time funds received in HB990 (FY09G) for the Clemency Online Navigation System (CONS).

State General Funds

($479,896)

($479,896)

($479,896)

($479,896)

268.6 Reduce funds from the Training Unit by eliminating speakers at conferences, special training courses, and employee participation in the Georgia Leadership Institute.

WEDNESDAY, APRIL 1, 2009

4629

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

268.7 Reduce funds from the Research, Evaluation, and Technology (RET) contract for hardware/software maintenance and installation services.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

268.8 Reduce funds by consolidating Lotus Notes servers and reducing the number of IT licenses required.

State General Funds

($16,841)

($16,841)

($16,841)

($16,841)

268.9 Reduce funds from operations.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

268.10 Reduce funds by eliminating one vacant position in Human Resources.

State General Funds

($74,682)

($74,682)

($74,682)

($74,682)

268.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($56,786)

($56,786)

($56,786)

268.12 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($11,516)

($607)

268.100-Board Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for the agency.

TOTAL STATE FUNDS

$5,678,570

$5,597,021

$5,603,172

State General Funds

$5,678,570

$5,597,021

$5,603,172

TOTAL PUBLIC FUNDS

$5,678,570

$5,597,021

$5,603,172

$5,726,454 $5,726,454 $5,726,454

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

$11,247,418 $11,247,418 $11,247,418

$11,247,418 $11,247,418 $11,247,418

$11,247,418 $11,247,418 $11,247,418

$11,247,418 $11,247,418 $11,247,418

269.1 Defer the FY09 cost of living adjustment.

State General Funds

($120,359)

($120,359)

($120,359)

($120,359)

269.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($581)

($581)

($581)

($581)

269.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

4630

JOURNAL OF THE HOUSE

State General Funds

($306,031)

($378,016)

($326,660)

$0

269.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$50,552

$50,552

$50,552

$50,552

269.5 Reduce funds from telecommunications.

State General Funds

($21,858)

($21,858)

($21,858)

($21,858)

269.6 Reduce funds by eliminating two positions in the Investigations Unit.

State General Funds

($54,000)

($54,000)

($54,000)

($54,000)

269.7 Reduce funds by eliminating three vacant data transcriber positions.

State General Funds

($84,000)

($84,000)

($84,000)

($84,000)

269.8 Reduce funds and eliminate travel to support victims' day and regional visitors' day programs.

State General Funds

($17,425)

($17,425)

($17,425)

($17,425)

269.9 Reduce funds by restructuring a position in legal services.

State General Funds

($48,000)

($48,000)

($48,000)

($48,000)

269.10 Eliminate funds for scanner operator upgrades for the Clemency Online Navigation System (CONS).

State General Funds

($59,000)

($59,000)

($59,000)

($59,000)

269.11 Transfer funds to the Parole Supervision program for pre-parole investigations.

State General Funds

($3,894,213) ($3,894,213) ($3,894,213) ($3,894,213)

269.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($66,925)

($66,925)

($66,925)

269.13 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($13,493)

269.99 SAC: The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole, investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program.

State General Funds

$0

269.100-Clemency Decisions

Appropriation (HB 119)

The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole,

investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program.

TOTAL STATE FUNDS

$6,692,503

$6,553,593

$6,604,949

$6,918,116

State General Funds

$6,692,503

$6,553,593

$6,604,949

$6,918,116

TOTAL PUBLIC FUNDS

$6,692,503

$6,553,593

$6,604,949

$6,918,116

WEDNESDAY, APRIL 1, 2009

4631

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$40,293,558 $40,293,558
$806,050 $806,050 $41,099,608

$40,293,558 $40,293,558
$806,050 $806,050 $41,099,608

$40,293,558 $40,293,558
$806,050 $806,050 $41,099,608

$40,293,558 $40,293,558
$806,050 $806,050 $41,099,608

270.1 Defer the FY09 cost of living adjustment.

State General Funds

($385,064)

($385,064)

($385,064)

($385,064)

270.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($1,860)

($1,860)

($1,860)

($1,860)

270.3 Defer the special pay raise for parole officers, assistant chief parole officers, and chief/regional directors (manager II) to address retention and compression issues.

State General Funds

($1,288,218) ($1,288,218) ($1,288,218) ($1,288,218)

270.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($964,354) ($1,191,190) ($1,029,359)

$0

270.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$275,716

$275,716

$275,716

$275,716

270.6 Reduce funds from equipment.

State General Funds

($7,978)

($7,978)

($7,978)

($7,978)

270.7 Reduce funds from parolee health services.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

270.8 Reduce funds from the Command College by utilizing asset forfeiture funds.

State General Funds

($9,150)

($9,150)

($9,150)

($9,150)

270.9 Reduce funds from the annual Parole Training Conference.

State General Funds

($86,707)

($86,707)

($86,707)

($86,707)

270.10 Reduce funds by eliminating eighteen vacant parole officer positions.

State General Funds

($777,880)

($777,880)

($777,880)

($777,880)

270.11 Reduce funds from the Atlanta Parole Reporting Center.

4632

JOURNAL OF THE HOUSE

State General Funds

($92,415)

($92,415)

($92,415)

($92,415)

270.12 Reduce funds due to savings realized from GTA pricing reductions and the regulation of phone services.

State General Funds

($92,400)

($92,400)

($92,400)

($92,400)

270.13 Reduce funds and central office staff travel for town hall events that solicit partnerships and resources from the faith based community to assist with offender reentry and successful reintegration.

State General Funds

($8,400)

($8,400)

($8,400)

($8,400)

270.14 Transfer funds from the Clemency Decisions for pre-parole investigations.

State General Funds

$3,894,213

$3,894,213

$3,894,213

$3,894,213

270.15 Eliminate funds for the Residential Substance Abuse Treatment program.

State General Funds

($721,000)

($721,000)

($721,000)

($721,000)

270.16 Reduce funds to reflect the revised revenue estimate.

State General Funds

($400,080)

($400,080)

($400,080)

270.17 Transfer funds from the Clemency Decisions program for merit system assessments.

State General Funds

$2,791

270.18 Reduce funds by charging parolees for Global Positioning System (GPS) monitoring.

State General Funds

($250,000)

270.99 SAC: The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution.

State General Funds

$0

270.100-Parole Supervision

Appropriation (HB 119)

The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic

monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution.

TOTAL STATE FUNDS

$40,008,061 $39,381,145 $39,542,976 $40,325,126

State General Funds

$40,008,061 $39,381,145 $39,542,976 $40,325,126

TOTAL FEDERAL FUNDS

$806,050

$806,050

$806,050

$806,050

Federal Funds Not Itemized

$806,050

$806,050

$806,050

$806,050

TOTAL PUBLIC FUNDS

$40,814,111 $40,187,195 $40,349,026 $41,131,176

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

$560,959 $560,959 $560,959

$560,959 $560,959 $560,959

$560,959 $560,959 $560,959

$560,959 $560,959 $560,959

WEDNESDAY, APRIL 1, 2009

4633

271.1 Defer the FY09 cost of living adjustment.

State General Funds

($5,110)

($5,110)

($5,110)

($5,110)

271.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($25)

($25)

($25)

($25)

271.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($12,311)

($15,207)

($13,141)

$0

271.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,777

$5,777

$5,777

$5,777

271.5 Reduce funds and eliminate travel to support victims' days.

State General Funds

($4,000)

($4,000)

($4,000)

($4,000)

271.6 Reduce funds from contracts to hire additional staff through efficiencies in private partner agreements.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

271.7 Reduce funds by eliminating one business operations position.

State General Funds

($45,385)

($45,385)

($45,385)

($45,385)

271.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,399)

($4,399)

($4,399)

271.9 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($207)

271.99 SAC: The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state corrections system.

State General Funds

$0

271.100-Victim Services

Appropriation (HB 119)

The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to

conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state

corrections system.

TOTAL STATE FUNDS

$439,905

$432,610

$434,676

$447,610

State General Funds

$439,905

$432,610

$434,676

$447,610

TOTAL PUBLIC FUNDS

$439,905

$432,610

$434,676

$447,610

4634

JOURNAL OF THE HOUSE

Section 34: Properties Commission, State
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$1,037,739 $1,037,739 $1,037,739

$1,037,739 $1,037,739 $1,037,739

$1,037,739 $1,037,739 $1,037,739

$1,037,739 $1,037,739 $1,037,739

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$1,037,739 $1,037,739 $1,037,739

$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 $417,295 $417,295 $417,295 $417,295

$0 $0 $417,295 $417,295 $417,295 $417,295

$0 $0 $417,295 $417,295 $417,295 $417,295

$0 $0 $417,295 $417,295 $417,295 $417,295

272.98 Transfer all funds and activities to the State Properties Commission program to further support the portfolio management approach to property management.

Rental Payments

($417,295)

($417,295)

($417,295)

($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.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments
TOTAL PUBLIC FUNDS

$0 $0 $620,444 $620,444 $620,444 $620,444

$0 $0 $620,444 $620,444 $620,444 $620,444

$0 $0 $620,444 $620,444 $620,444 $620,444

$0 $0 $620,444 $620,444 $620,444 $620,444

273.98 Transfer all funds and activities from the Leasing program to further support the portfolio management approach to property management.

Rental Payments

$417,295

$417,295

$417,295

$417,295

WEDNESDAY, APRIL 1, 2009

4635

273.99 SAC: The purpose of this appropriation is to maintain long term plans for state buildings and land; to compile an accessible database of state owned and leased real property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property acquisitions and dispositions.

State General Funds

$0

273.100-Properties Commission, State

Appropriation (HB 119)

The purpose of this appropriation is to maintain long term plans for state buildings and land; to compile an accessible database of state owned and leased real

property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property

acquisitions and dispositions.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,037,739

$1,037,739

$1,037,739

$1,037,739

State Funds Transfers

$1,037,739

$1,037,739

$1,037,739

$1,037,739

Rental Payments

$1,037,739

$1,037,739

$1,037,739

$1,037,739

TOTAL PUBLIC FUNDS

$1,037,739

$1,037,739

$1,037,739

$1,037,739

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

$0

$0

$0

$0

$0

$0

$0

$0

504.1 Reduce funds ($111,579) by closing the Capitol Education Center, and realize savings through a reduction in utilities and the elimination of one position.

Rental Payments

$0

$0

$0

$0

504.2 Reduce funds ($750,387) designated for the Capitol Hill security contract due to staffing optimization, building closures, and a reduction in equipment purchases.

Rental Payments

$0

$0

$0

$0

504.3 Reduce funds ($815,704) designated for central energy plant usage and utility costs through the use of automated controls, increasing standard thermostat settings, and limited HVAC usage at closed or vacant facilities.

Rental Payments

$0

$0

$0

$0

504.4 Reduce funds ($208,277) from contracts for temporary labor, in access control systems, and other miscellaneous contracts.

Rental Payments

$0

$0

$0

$0

504.5 Reduce funds ($749,445) designated for custodial contracts through the elimination of two cleaning days per week in state buildings, and transfer cleaning services at specific facilities to Georgia Building Authority (GBA) staff.

Rental Payments

$0

$0

$0

$0

504.6 Reduce funds ($161,494) from operations.

Rental Payments

$0

$0

$0

$0

4636

JOURNAL OF THE HOUSE

504.7 Utilize savings ($2,796,886) for facility repairs capital projects. Rental Payments

$0

$0

$0

$0

Section 35: Public Defender Standards Council, Georgia
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income
TOTAL PUBLIC FUNDS

Section Total - Continuation

$40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957

$40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957

$40,439,957 $40,439,957
$1,700,000 $1,700,000 $42,139,957

$40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income
TOTAL PUBLIC FUNDS

Section Total - Final

$34,893,366 $34,331,113

$34,893,366 $34,331,113

$1,700,000

$1,700,000

$1,700,000

$1,700,000

$36,593,366 $36,031,113

$41,038,315 $41,038,315 $1,700,000 $1,700,000 $42,738,315

$37,089,395 $37,089,395 $1,700,000 $1,700,000 $38,789,395

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
TOTAL PUBLIC FUNDS

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

274.1 Defer the FY09 cost of living adjustment.

State General Funds

($75,437)

($75,437)

($75,437)

($75,437)

274.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($4,687)

($4,687)

($4,687)

($4,687)

274.3 Reduce funds by freezing vacant positions and re-organizing positions throughout the agency.

State General Funds

($361,144)

($361,144)

($361,144)

($361,144)

274.4 Reduce funds from the central office by eliminating supply orders, renegotiating the Georgia Technology Authority contract, consolidating office space, and reducing the use of all state vehicles.

State General Funds

($400,820)

($400,820)

($400,820)

($400,820)

274.5 Reduce funds from training except for three mandatory training classes for public defenders.

WEDNESDAY, APRIL 1, 2009

4637

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

274.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($65,557)

($65,557)

($65,557)

274.7 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($6,860)

($6,860)

274.8 Increase funds for all outstanding capital case liabilities over a two-year period beginning with liabilities for Fiscal Years 2005, 2006, 2007 and 2008.

State General Funds

$1,189,691

$0

274.100-Public Defender Standards Council

Appropriation (HB 119)

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

$6,114,480

$6,048,923

$7,231,754

$6,042,063

State General Funds

$6,114,480

$6,048,923

$7,231,754

$6,042,063

TOTAL AGENCY FUNDS

$1,700,000

$1,700,000

$1,700,000

$1,700,000

Interest and Investment Income

$1,700,000

$1,700,000

$1,700,000

$1,700,000

Interest and Investment Income Not Itemized

$1,700,000

$1,700,000

$1,700,000

$1,700,000

TOTAL PUBLIC FUNDS

$7,814,480

$7,748,923

$8,931,754

$7,742,063

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 PUBLIC FUNDS

$33,283,389 $33,283,389 $33,283,389

$33,283,389 $33,283,389 $33,283,389

$33,283,389 $33,283,389 $33,283,389

$33,283,389 $33,283,389 $33,283,389

275.1 Defer the FY09 cost of living adjustment.

State General Funds

($342,099)

($342,099)

($342,099)

($342,099)

275.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($995,334) ($1,208,653) ($1,044,450)

$0

275.3 Reduce funds from the six circuits that opt-out of the statewide public defender system by only funding the minimum amount per position and reducing payments by 6%.

State General Funds

($289,552)

($289,552)

($289,552)

($289,552)

275.4 Reduce funds from circuit offices.

4638

JOURNAL OF THE HOUSE

State General Funds

($682,750)

($682,750)

($682,750)

($682,750)

275.5 Reduce funds by freezing vacant positions.

State General Funds

($494,048)

($494,048)

($494,048)

($494,048)

275.6 Reduce funds from contracts in the appellate division based on anticipated need.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

275.7 Reduce funds from Conflict Offices by closing all four locations and relocating staff to the Circuit Offices.

State General Funds

($154,000)

($154,000)

($154,000)

($154,000)

275.8 Reduce funds from conflict cases. (H:Provide partial funds for FY09-FY10 conflict cases)

State General Funds

($1,333,333) ($1,333,333) $2,166,667

$0

275.9 Reduce funds from conflict offices by freezing two positions.

State General Funds

($153,387)

($153,387)

($153,387)

($153,387)

275.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($283,377)

($283,377)

($283,377)

275.11 Increase funds for three additional Assistant Public Defenders associated with the creation of additional judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session).

State General Funds

$250,000

$223,156

275.12 Increase funds for all outstanding non-capital conflict liabilities over a two-year period beginning with liabilities for Fiscal Years 2005 ($97,228), 2006 ($317,446), 2007 ($612,151) and 2008 ($583,343).

State General Funds

$1,610,168

$0

275.99

SAC: The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 17-12. House: 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 O.C.G.A. 17-12-2. Gov Rev: 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 O.C.G.A. 17-12-2. Governor: 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 O.C.G.A. 17-12-2.

State General Funds

$0

$0

$0

$0

275.100-Public Defenders

Appropriation (HB 119)

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.

WEDNESDAY, APRIL 1, 2009

4639

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$28,778,886 $28,778,886 $28,778,886

$28,282,190 $28,282,190 $28,282,190

$33,806,561 $33,806,561 $33,806,561

$31,047,332 $31,047,332 $31,047,332

Section 36: Public Safety, 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 Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$135,260,351 $135,260,351 $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 $182,492,030

$135,260,351 $135,260,351 $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 $182,492,030

$135,260,351 $135,260,351 $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 $182,492,030

$135,260,351 $135,260,351 $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 $182,492,030

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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

$112,830,389 $102,557,432

$112,830,389 $102,557,432

$28,604,501 $37,477,258

$8,872,757

$28,604,501 $28,604,501

$17,610,178 $17,610,178

$7,503,871

$7,503,871

$707,000

$707,000

$9,199,307

$9,199,307

$200,000

$200,000

$1,017,000

$1,017,000

$1,017,000

$1,017,000

$160,062,068 $158,661,868

$103,903,319 $103,903,319 $37,477,258
$8,872,757 $28,604,501 $17,240,178 $7,503,871
$337,000 $9,199,307
$200,000 $1,017,000 $1,017,000 $159,637,755

$103,869,803 $103,869,803 $37,960,258
$8,872,757 $29,087,501 $17,240,178 $7,503,871
$337,000 $9,199,307
$200,000 $1,017,000 $1,017,000 $160,087,239

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 FEDERAL FUNDS

$2,843,588 $2,843,588
$200,000

$2,843,588 $2,843,588
$200,000

$2,843,588 $2,843,588
$200,000

$2,843,588 $2,843,588
$200,000

4640

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$200,000 $370,000 $370,000 $370,000 $3,413,588

$200,000 $370,000 $370,000 $370,000 $3,413,588

$200,000 $370,000 $370,000 $370,000 $3,413,588

$200,000 $370,000 $370,000 $370,000 $3,413,588

276.1 Defer the FY09 cost of living adjustment.

State General Funds

($19,149)

($19,149)

($19,149)

($19,149)

276.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($121)

($121)

($121)

($121)

276.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($50,219)

($62,606)

($54,101)

$0

276.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($61,042)

($61,042)

($61,042)

($61,042)

276.5 Remove one-time funds realized from insurance proceeds in FY08.

Rebates, Refunds, and Reimbursements Not Itemized

($370,000)

($370,000)

276.99 SAC: The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation.

State General Funds

$0

276.100 -Aviation

Appropriation (HB 119)

The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within

the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in

public safety efforts with aerial surveillance and observation.

TOTAL STATE FUNDS

$2,713,057

$2,700,670

$2,709,175

$2,763,276

State General Funds

$2,713,057

$2,700,670

$2,709,175

$2,763,276

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

$200,000

Federal Funds Not Itemized

$200,000

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$370,000

$370,000

Rebates, Refunds, and Reimbursements

$370,000

$370,000

WEDNESDAY, APRIL 1, 2009

4641

Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

$370,000 $3,283,057

$370,000 $3,270,670

$2,909,175

$2,963,276

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0
$7,503,871 $7,503,871 $7,503,871 $7,503,871

$0
$7,503,871 $7,503,871 $7,503,871 $7,503,871

$0
$7,503,871 $7,503,871 $7,503,871 $7,503,871

$0 $0 $7,503,871 $7,503,871 $7,503,871 $7,503,871

277.99 SAC: The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government employees, and visitors to the Capitol.

Intergovernmental Transfers Not Itemized

$0

277.100-Capitol Police Services

Appropriation (HB 119)

The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of

state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government

employees, and visitors to the Capitol.

TOTAL AGENCY FUNDS

$7,503,871

$7,503,871

$7,503,871

$7,503,871

Intergovernmental Transfers

$7,503,871

$7,503,871

$7,503,871

$7,503,871

Intergovernmental Transfers Not Itemized

$7,503,871

$7,503,871

$7,503,871

$7,503,871

TOTAL PUBLIC FUNDS

$7,503,871

$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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$9,023,817 $9,023,817
$15,571 $15,571 $9,039,388

$9,023,817 $9,023,817
$15,571 $15,571 $9,039,388

$9,023,817 $9,023,817
$15,571 $15,571 $9,039,388

$9,023,817 $9,023,817
$15,571 $15,571 $9,039,388

278.1 Defer the FY09 cost of living adjustment. State General Funds 278.2 Defer structure adjustments to the statewide salary plan.

($84,536)

($84,536)

($84,537)

($84,537)

4642

JOURNAL OF THE HOUSE

State General Funds

($535)

($535)

($535)

($535)

278.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($221,699)

($276,383)

($238,835)

$0

278.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($135,002)

($135,002)

($135,002)

($135,002)

278.5 Reduce funds by assigning five security officers to the Capitol Police.

State General Funds

($196,840)

($196,840)

($196,840)

($196,840)

278.6 Reduce funds and defer filling three vacant administrative positions.

State General Funds

($282,441)

($282,441)

($282,441)

($282,441)

278.7 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($18,317)

($18,317)

278.100-Departmental Administration

Appropriation (HB 119)

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

$8,102,764

$8,048,080

$8,067,310

$8,306,145

State General Funds

$8,102,764

$8,048,080

$8,067,310

$8,306,145

TOTAL FEDERAL FUNDS

$15,571

$15,571

$15,571

$15,571

Federal Funds Not Itemized

$15,571

$15,571

$15,571

$15,571

TOTAL PUBLIC FUNDS

$8,118,335

$8,063,651

$8,082,881

$8,321,716

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

$1,511,025 $1,511,025 $1,511,025

$1,511,025 $1,511,025 $1,511,025

$1,511,025 $1,511,025 $1,511,025

$1,511,025 $1,511,025 $1,511,025

279.1 Defer the FY09 cost of living adjustment. State General Funds 279.2 Defer structure adjustments to the statewide salary plan. State General Funds

($17,435) ($111)

($17,435) ($111)

($17,435) ($111)

($17,435) ($111)

WEDNESDAY, APRIL 1, 2009

4643

279.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($45,726)

($57,005)

($49,260)

$0

279.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($5,400)

($5,400)

($5,400)

($5,400)

279.99 SAC: The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important individuals as determined by the Commissioner.

State General Funds

$0

279.100-Executive Security Services

Appropriation (HB 119)

The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of

Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important

individuals as determined by the Commissioner.

TOTAL STATE FUNDS

$1,442,353

$1,431,074

$1,438,819

$1,488,079

State General Funds

$1,442,353

$1,431,074

$1,438,819

$1,488,079

TOTAL PUBLIC FUNDS

$1,442,353

$1,431,074

$1,438,819

$1,488,079

Field Offices and Services

Continuation Budget

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 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$90,670,897 $90,670,897 $3,118,316 $3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

$90,670,897 $90,670,897 $3,118,316
$3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

$90,670,897 $90,670,897
$3,118,316 $3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

$90,670,897 $90,670,897 $3,118,316
$3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

280.1 Defer the FY09 cost of living adjustment.

4644

JOURNAL OF THE HOUSE

State General Funds

($732,603)

($732,603)

($732,603)

($732,603)

280.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($4,639)

($4,639)

($4,639)

($4,639)

280.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,921,292) ($2,395,209) ($2,069,804)

$0

280.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($735,491)

($735,491)

($735,491)

($735,491)

280.5 Reduce one-time funds received in HB990 (FY09G) for the computer-aided dispatch system and computer terminals in patrol vehicles.

State General Funds

($1,549,566) ($1,549,566) ($1,549,566) ($1,549,566)

280.6 Reduce funds to reflect savings realized from the consolidation of communication centers and by eliminating twelve vacant and forty-three filled radio operator positions.

State General Funds

($2,034,465) ($2,034,465) ($2,034,465) ($2,034,465)

280.7 Reduce funds from vacant trooper positions.

State General Funds

($654,035)

($654,035)

($654,035)

($654,035)

280.8 Reduce funds associated with ten additional troopers assigned to the Atlanta Motorcycle Unit and fund with citation revenue.

State General Funds

($130,000)

($130,000)

($130,000)

($130,000)

280.9 Reduce funds by temporarily freezing trooper promotions resulting in attrition among officer ranks of corporal through captain.

State General Funds

($230,902)

($230,902)

($230,902)

($230,902)

280.10 Reduce funds by utilizing forty troopers in the Motor Carrier Compliance Division (MCCD) to provide increased commercial vehicle speed and compliance enforcement.

State General Funds

($2,592,978) ($2,592,978) ($2,592,978) ($2,592,978)

280.11 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel, and changing the uniform replacement policy.

State General Funds

($1,645,725) ($1,645,725) ($1,645,725) ($1,645,725)

280.12 Reduce funds from the private security contract and assign twenty-two troopers positions in the Capitol Police to be funded with Georgia Building Authority rental revenue.

State General Funds

($1,426,138) ($1,426,138) ($1,426,138) ($1,426,138)

280.13 Eliminate funds for the 86th Trooper School.

State General Funds

($2,847,456) ($2,847,456) ($2,847,456) ($2,847,456)

280.14 Recognize funds from the American Recovery and Reinvestment Act of 2009.

WEDNESDAY, APRIL 1, 2009

4645

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($8,872,757) $8,872,757
$0

($8,872,757) $8,872,757
$0

($8,872,757) $8,872,757
$0

280.15 Reduce funds to reflect the revised revenue estimate.

State General Funds

($494,465)

($494,465)

280.16 Increase funds to replace twenty-three trooper vehicles with over 135,000 miles.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$483,000

$0 $483,000 $483,000

280.17 Reduce funds from the 85th Trooper School.

State General Funds

($1,500,000)

280.99

SAC: The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit.

State General Funds

$0

280.100-Field Offices and Services

Appropriation (HB 119)

The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and

support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special

Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit.

TOTAL STATE FUNDS

$74,165,607 $64,818,933 $65,132,873 $65,219,677

State General Funds

$74,165,607 $64,818,933 $65,132,873 $65,219,677

TOTAL FEDERAL FUNDS

$3,118,316 $11,991,073 $11,991,073 $12,474,073

American Recovery and Reinvestment Act of 2009

$8,872,757

$8,872,757

$8,872,757

Federal Funds Not Itemized

$3,118,316

$3,118,316

$3,118,316

$3,601,316

TOTAL AGENCY FUNDS

$1,252,400

$1,252,400

$1,252,400

$1,252,400

Rebates, Refunds, and Reimbursements

$337,000

$337,000

$337,000

$337,000

Rebates, Refunds, and Reimbursements Not Itemized

$337,000

$337,000

$337,000

$337,000

Sales and Services

$715,400

$715,400

$715,400

$715,400

Sales and Services Not Itemized

$715,400

$715,400

$715,400

$715,400

Sanctions, Fines, and Penalties

$200,000

$200,000

$200,000

$200,000

Sanctions, Fines, and Penalties Not Itemized

$200,000

$200,000

$200,000

$200,000

TOTAL PUBLIC FUNDS

$78,536,323 $78,062,406 $78,376,346 $78,946,150

4646

JOURNAL OF THE HOUSE

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

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

281.1 Defer the FY09 cost of living adjustment.

State General Funds

($143,942)

($143,942)

($143,942)

($143,942)

281.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($911)

($911)

($911)

($911)

281.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($377,494)

($446,079)

($385,476)

$0

281.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($135,177)

($135,177)

($135,177)

($135,177)

281.5 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel, and changing the uniform replacement policy.

State General Funds

($488,044)

($488,044)

($488,044)

($488,044)

281.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($494,465)

$0

$0

281.99 SAC: The purpose of this appropriation is to provide enforcement for size, weight, and safety standards as well as traffic and criminal laws through the Department of Public Safety's Motor Carrier Compliance Division for commercial motor carriers, school buses, and large passenger vehicles as well as providing High Occupancy Vehicle lane use restriction enforcement.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4647

281.100-Motor Carrier Compliance

Appropriation (HB 119)

The purpose of this appropriation is to provide enforcement for size, weight, and safety standards as well as traffic and criminal laws through the Department of

Public Safety's Motor Carrier Compliance Division for commercial motor carriers, school buses, and large passenger vehicles as well as providing High

Occupancy Vehicle lane use restriction enforcement.

TOTAL STATE FUNDS

$7,133,355

$6,570,305

$7,125,373

$7,510,849

State General Funds

$7,133,355

$6,570,305

$7,125,373

$7,510,849

TOTAL FEDERAL FUNDS

$6,550,143

$6,550,143

$6,550,143

$6,550,143

Federal Funds Not Itemized

$6,550,143

$6,550,143

$6,550,143

$6,550,143

TOTAL AGENCY FUNDS

$6,510,227

$6,510,227

$6,510,227

$6,510,227

Sales and Services

$6,510,227

$6,510,227

$6,510,227

$6,510,227

Sales and Services Not Itemized

$6,510,227

$6,510,227

$6,510,227

$6,510,227

TOTAL PUBLIC FUNDS

$20,193,725 $19,630,675 $20,185,743 $20,571,219

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

$3,106,754 $3,106,754 $3,106,754

$3,106,754 $3,106,754 $3,106,754

$3,106,754 $3,106,754 $3,106,754

$3,106,754 $3,106,754 $3,106,754

282.1 Defer the FY09 cost of living adjustment.

State General Funds

($29,122)

($29,122)

($29,122)

($29,122)

282.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($184)

($184)

($184)

($184)

282.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($76,373)

($95,212)

($82,277)

$0

282.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($5,400)

($5,400)

($5,400)

($5,400)

282.99 SAC: The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for complex crash and crime scene investigations upon request.

State General Funds

$0

4648

JOURNAL OF THE HOUSE

282.100-Specialized Collision Reconstruction Team

Appropriation (HB 119)

The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the

prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for

complex crash and crime scene investigations upon request.

TOTAL STATE FUNDS

$2,995,675

$2,976,836

$2,989,771

$3,072,048

State General Funds

$2,995,675

$2,976,836

$2,989,771

$3,072,048

TOTAL PUBLIC FUNDS

$2,995,675

$2,976,836

$2,989,771

$3,072,048

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,595,107 $2,595,107 $2,595,107

$2,595,107 $2,595,107 $2,595,107

$2,595,107 $2,595,107 $2,595,107

$2,595,107 $2,595,107 $2,595,107

283.1 Defer the FY09 cost of living adjustment.

State General Funds

($29,482)

($29,482)

($29,482)

($29,482)

283.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($187)

($187)

($187)

($187)

283.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($77,319)

($96,391)

($83,296)

$0

283.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($4,050)

($4,050)

($4,050)

($4,050)

283.5 Reduce funds and defer filling three vacant administrative positions.

State General Funds

($143,893)

($143,893)

($143,893)

($143,893)

283.6 Reduce funds from the Safety Education Unit.

State General Funds

($1,297,554)

283.99

SAC: The purpose of this appropriation is to provide and coordinate the Implied Consent Unit to oversee and maintain the breath-alcohol program for the State of Georgia in coordination with the Forensics Science Division of the GBI and to additionally provide and coordinate the Safety Education Unit to support the Georgia Strategic Highway Safety Plan and DPS Field Operations through educational outreach efforts, enforcement activities, and emergency response to public safety incidents.

WEDNESDAY, APRIL 1, 2009

4649

State General Funds

$0

283.100-Troop J Specialty Units

Appropriation (HB 119)

The purpose of this appropriation is to provide and coordinate the Implied Consent Unit to oversee and maintain the breath-alcohol program for the State of

Georgia in coordination with the Forensics Science Division of the GBI and to additionally provide and coordinate the Safety Education Unit to support the

Georgia Strategic Highway Safety Plan and DPS Field Operations through educational outreach efforts, enforcement activities, and emergency response to

public safety incidents.

TOTAL STATE FUNDS

$2,340,176

$2,321,104

$2,334,199

$1,119,941

State General Funds

$2,340,176

$2,321,104

$2,334,199

$1,119,941

TOTAL PUBLIC FUNDS

$2,340,176

$2,321,104

$2,334,199

$1,119,941

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

$857,156 $857,156 $857,156

$857,156 $857,156 $857,156

$857,156 $857,156 $857,156

$857,156 $857,156 $857,156

284.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,728)

($7,728)

($7,728)

($7,728)

284.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($18,364)

($24,547)

($21,212)

$0

284.3 Reduce funds paid to instructors.

State General Funds

($83,106)

($83,106)

($83,106)

($83,106)

284.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($7,480)

($7,480)

($7,480)

284.100-Firefighter Standards and Training Council, Georgia

Appropriation (HB 119)

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.

4650

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$747,958 $747,958 $747,958

$734,295 $734,295 $734,295

$737,630 $737,630 $737,630

$758,842 $758,842 $758,842

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

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

285.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,009)

($2,009)

($2,009)

($2,009)

285.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,480)

($13,669)

($11,812)

$0

285.3 Reduce funds and defer filling one vacant administration manager position.

State General Funds

($61,901)

($61,901)

($61,901)

($61,901)

285.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,571)

($5,571)

($5,571)

285.5 Reduce funds from operations.

State General Funds

($100,000)

285.100-Highway Safety, Office of

Appropriation (HB 119)

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

$557,113

$540,353

$542,210

$454,022

State General Funds

$557,113

$540,353

$542,210

$454,022

TOTAL FEDERAL FUNDS

$17,233,729 $17,233,729 $17,233,729 $17,233,729

Federal Funds Not Itemized

$17,233,729 $17,233,729 $17,233,729 $17,233,729

TOTAL PUBLIC FUNDS

$17,790,842 $17,774,082 $17,775,939 $17,687,751

WEDNESDAY, APRIL 1, 2009

4651

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 State General Funds
TOTAL PUBLIC FUNDS

$2,910,146 $2,910,146 $2,910,146

$2,910,146 $2,910,146 $2,910,146

$2,910,146 $2,910,146 $2,910,146

$2,910,146 $2,910,146 $2,910,146

286.1 Defer the FY09 cost of living adjustment.

State General Funds

($19,369)

($19,369)

($19,369)

($19,369)

286.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($51,695)

($61,307)

($52,978)

$0

286.3 Reduce one-time funds received in HB990 (FY09G) for the contract with the Georgia Sheriffs' Association to deliver training associated with the Sex Offender Registration Act, jail services to counties, and training for fifty newly elected sheriffs.

State General Funds

($435,652)

($435,652)

($435,652)

($435,652)

286.4 Reduce funds by eliminating one vacant audit position.

State General Funds

($38,475)

($38,475)

($38,475)

($38,475)

286.5 Reduce funds through attrition.

State General Funds

($72,044)

($72,044)

($72,044)

($72,044)

286.6 Reduce funds and utilize funds in the revenue account.

State General Funds

($69,244)

($69,244)

($69,244)

($69,244)

286.7 Reduce funds from the Georgia Sheriffs' Association and the Georgia Association of Chiefs of Police contracts.

State General Funds

($67,115)

($67,115)

($67,115)

($67,115)

286.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($21,566)

($21,566)

($21,566)

286.99

SAC: The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, certify individuals when all requirements are met, 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.

4652

JOURNAL OF THE HOUSE

State General Funds

$0

286.100-Peace Officer Standards and Training Council, Georgia

Appropriation (HB 119)

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, certify individuals when all requirements are met, 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

$2,156,552

$2,125,374

$2,133,703

$2,186,681

State General Funds

$2,156,552

$2,125,374

$2,133,703

$2,186,681

TOTAL PUBLIC FUNDS

$2,156,552

$2,125,374

$2,133,703

$2,186,681

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$12,839,435 $12,839,435 $1,486,742 $1,486,742 $1,973,680 $1,973,680
$1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

$12,839,435 $12,839,435 $1,486,742
$1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

$12,839,435 $12,839,435
$1,486,742 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

$12,839,435 $12,839,435 $1,486,742
$1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

287.1 Defer the FY09 cost of living adjustment.

State General Funds

($101,284)

($101,284)

($101,284)

($101,284)

287.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,353)

($2,353)

($2,353)

($2,353)

287.3 Defer salary adjustments for critical jobs.

State General Funds

($59,702)

($59,702)

($59,702)

($59,702)

287.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($264,222)

($344,835)

($297,987)

$0

287.5 Reduce funds by discontinuing free meals for students receiving training.

WEDNESDAY, APRIL 1, 2009

4653

State General Funds

($1,383,844) ($1,383,844) ($1,383,844) ($1,383,844)

287.6 Reduce and defer funds received in HB95 (FY08G) to offer the Fire Officer Executive Supervision program. (H and S:Restore program)

State General Funds

($500,000)

($500,000)

($145,000)

($145,000)

287.7 Reduce funds by eliminating individual dorm phone lines.

State General Funds

($24,631)

($24,631)

($24,631)

($24,631)

287.8 Reduce funds by switching from mailers to post cards for student course notification.

State General Funds

($7,600)

($7,600)

($7,600)

($7,600)

287.9 Reduce funds by eliminating gym staff evening hours.

State General Funds

($7,200)

($7,200)

($7,200)

($7,200)

287.10 Reduce funds and postpone the availability of public safety diver and smoke diver specialty courses.

State General Funds

($12,820)

($12,820)

($12,820)

($12,820)

287.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($104,758)

($104,758)

($104,758)

287.99 SAC: The purpose of this appropriation is to provide administrative, support, technical, and instructional services, and the appropriate facilities for the following training programs: basic training for local law enforcement, the Georgia Police Academy, Regional Police Academies, resident training for state agencies, and the Georgia Fire Academy.

State General Funds

$0

287.100-Public Safety Training Center, Georgia

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative, support, technical, and instructional services, and the appropriate facilities for the following

training programs: basic training for local law enforcement, the Georgia Police Academy, Regional Police Academies, resident training for state agencies, and

the Georgia Fire Academy.

TOTAL STATE FUNDS

$10,475,779 $10,290,408 $10,692,256 $10,990,243

State General Funds

$10,475,779 $10,290,408 $10,692,256 $10,990,243

TOTAL FEDERAL FUNDS

$1,486,742

$1,486,742

$1,486,742

$1,486,742

Federal Funds Not Itemized

$1,486,742

$1,486,742

$1,486,742

$1,486,742

TOTAL AGENCY FUNDS

$1,973,680

$1,973,680

$1,973,680

$1,973,680

Sales and Services

$1,973,680

$1,973,680

$1,973,680

$1,973,680

Sales and Services Not Itemized

$1,973,680

$1,973,680

$1,973,680

$1,973,680

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,017,000

$1,017,000

$1,017,000

$1,017,000

State Funds Transfers

$1,017,000

$1,017,000

$1,017,000

$1,017,000

Agency to Agency Contracts

$1,017,000

$1,017,000

$1,017,000

$1,017,000

TOTAL PUBLIC FUNDS

$14,953,201 $14,767,830 $15,169,678 $15,467,665

4654

JOURNAL OF THE HOUSE

Section 37: Public Service Commission
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

$10,348,009 $10,348,009
$600,000 $600,000
$70,000 $70,000 $11,018,009

$10,348,009 $10,348,009
$600,000 $600,000
$70,000 $70,000 $11,018,009

$10,348,009 $10,348,009
$600,000 $600,000
$70,000 $70,000 $11,018,009

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

$9,485,655

$9,329,417

$9,485,655

$9,329,417

$600,000

$600,000

$600,000

$600,000

$70,000

$70,000

$70,000

$70,000

$10,155,655

$9,999,417

$9,470,255 $9,470,255
$600,000 $600,000
$70,000 $70,000 $10,140,255

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

$10,348,009 $10,348,009
$600,000 $600,000 $70,000
$70,000 $11,018,009
$9,735,943 $9,735,943
$600,000 $600,000
$70,000 $70,000 $10,405,943
$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

288.1 Defer the FY09 cost of living adjustment.

State General Funds

($13,167)

($13,167)

($13,167)

($13,167)

288.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($615)

($615)

($615)

($615)

288.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($36,912)

($46,113)

($39,848)

$0

WEDNESDAY, APRIL 1, 2009

4655

288.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,167

$1,167

$1,167

$1,167

288.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($13,505)

($13,505)

($13,505)

288.6 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($933)

($933)

288.100-Commission Administration

Appropriation (HB 119)

The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

TOTAL STATE FUNDS

$1,233,337

$1,210,631

$1,215,963

State General Funds

$1,233,337

$1,210,631

$1,215,963

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

$1,303,337

$1,280,631

$1,285,963

$1,255,811 $1,255,811
$70,000 $70,000 $70,000 $1,325,811

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

$867,604 $867,604 $600,000 $600,000 $1,467,604

$867,604 $867,604 $600,000 $600,000 $1,467,604

$867,604 $867,604 $600,000 $600,000 $1,467,604

$867,604 $867,604 $600,000 $600,000 $1,467,604

289.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,541)

($8,541)

($8,541)

($8,541)

289.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($36,912)

($46,113)

($39,848)

$0

289.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$961

$961

$961

$961

289.99 SAC: The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through training and inspections.

4656

JOURNAL OF THE HOUSE

State General Funds

$0

289.100-Facility Protection

Appropriation (HB 119)

The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through

training and inspections.

TOTAL STATE FUNDS

$823,112

$813,911

$820,176

$860,024

State General Funds

$823,112

$813,911

$820,176

$860,024

TOTAL FEDERAL FUNDS

$600,000

$600,000

$600,000

$600,000

Federal Funds Not Itemized

$600,000

$600,000

$600,000

$600,000

TOTAL PUBLIC FUNDS

$1,423,112

$1,413,911

$1,420,176

$1,460,024

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

$8,197,541 $8,197,541 $8,197,541

$8,197,541 $8,197,541 $8,197,541

$8,197,541 $8,197,541 $8,197,541

$8,197,541 $8,197,541 $8,197,541

290.1 Defer the FY09 cost of living adjustment.

State General Funds

($77,195)

($77,195)

($77,195)

($77,195)

290.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($172,254)

($215,233)

($185,992)

$0

290.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,003

$2,003

$2,003

$2,003

290.4 Reduce funds from vacant, co-op, and temporary positions.

State General Funds

($321,549)

($321,549)

($321,549)

($321,549)

290.5 Reduce funds used for replacing obsolete equipment, printing and publication, travel, and other operations.

State General Funds

($199,340)

($199,340)

($199,340)

($199,340)

290.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($81,352)

($81,352)

($81,352)

290.7 Increase funds for the use of subject matter experts (SME).

State General Funds

$100,000

$100,000

WEDNESDAY, APRIL 1, 2009

4657

290.99

SAC: The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies, approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers.

State General Funds

$0

290.100-Utilities Regulation

Appropriation (HB 119)

The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies,

approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among

competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers.

TOTAL STATE FUNDS

$7,429,206

$7,304,875

$7,434,116

$7,620,108

State General Funds

$7,429,206

$7,304,875

$7,434,116

$7,620,108

TOTAL PUBLIC FUNDS

$7,429,206

$7,304,875

$7,434,116

$7,620,108

Section 38: 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

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$2,198,464,428 $2,083,977,507

$2,181,204,962 $2,066,718,041

$17,259,466 $17,259,466

$92,617,896

$92,617,896

$3,133,129,721 $3,133,129,721

$3,625,810

$3,625,810

$1,692,492,806 $1,692,492,806

$85,658,963 $85,658,963

$1,351,352,142 $1,351,352,142

$5,331,594,149 $5,309,725,124

$2,082,901,320 $2,065,641,854
$17,259,466 $92,617,896 $92,617,896 $3,133,129,721 $3,625,810 $1,692,492,806 $85,658,963 $1,351,352,142 $5,308,648,937

$2,075,176,394 $2,057,916,928
$17,259,466 $92,617,896 $92,617,896 $3,133,129,721 $3,625,810 $1,692,492,806 $85,658,963 $1,351,352,142 $5,300,924,011

4658

JOURNAL OF THE HOUSE

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

$17,891,736 $17,891,736 $12,975,000 $7,875,000 $7,875,000 $5,100,000
$5,100,000 $30,866,736

$17,891,736 $17,891,736 $12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736

$17,891,736 $17,891,736 $12,975,000
$7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736

$17,891,736 $17,891,736 $12,975,000 $7,875,000 $7,875,000 $5,100,000
$5,100,000 $30,866,736

291.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$111,320

$111,320

$111,320

$111,320

291.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($61,719)

($61,719)

($61,719)

($61,719)

291.3 Reduce funds by eliminating three filled positions.

State General Funds

($239,542)

($239,542)

($239,542)

($239,542)

291.4 Reduce funds by eliminating five vacant positions.

State General Funds

($325,346)

($325,346)

($325,346)

($325,346)

291.5 Reduce funds from operations.

State General Funds

($524,766)

($524,766)

($524,766)

($524,766)

291.6 Reduce funds from the capital seed fund. (H:Restore funds)

State General Funds

($5,000,000) ($5,000,000)

$0 ($5,000,000)

291.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$54,172

$54,172

$54,172

$54,172

291.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($119,059)

($119,059)

($119,059)

291.99 SAC: The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses.

State General Funds

$0

WEDNESDAY, APRIL 1, 2009

4659

291.100-Advanced Technology Development Center/Economic Development Institute Appropriation (HB 119)

The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven

economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses.

TOTAL STATE FUNDS

$11,905,855 $11,786,796 $16,786,796 $11,786,796

State General Funds

$11,905,855 $11,786,796 $16,786,796 $11,786,796

TOTAL AGENCY FUNDS

$12,975,000 $12,975,000 $12,975,000 $12,975,000

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

$5,100,000

$5,100,000

$5,100,000

$5,100,000

Sales and Services Not Itemized

$5,100,000

$5,100,000

$5,100,000

$5,100,000

TOTAL PUBLIC FUNDS

$24,880,855 $24,761,796 $29,761,796 $24,761,796

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

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879
$8,501,879 $82,798,877

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879
$8,501,879 $82,798,877

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976
$2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879
$8,501,879 $82,798,877

292.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$409,648

$409,648

$409,648

$409,648

292.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($306,415)

($306,415)

($306,415)

($306,415)

292.3 Reduce funds by eliminating forty-one vacant positions.

State General Funds

($2,612,577) ($2,612,577) ($2,612,577) ($2,612,577)

292.4 Reduce funds from operations.

State General Funds

($332,000)

($332,000)

($332,000)

($332,000)

292.5 Reduce funds received in HB990 (FY09G) for maintenance and operations.

State General Funds

($700,000)

($700,000)

($700,000)

($700,000)

292.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

4660

JOURNAL OF THE HOUSE

State General Funds

$234,958

$234,958

$234,958

$234,958

292.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($419,396)

($419,396)

($419,396)

292.99 SAC: The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competiveness of Georgia's agribusiness.

State General Funds

$0

292.100-Agricultural Experiment Station

Appropriation (HB 119)

The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability

and global competiveness of Georgia's agribusiness.

TOTAL STATE FUNDS

$41,939,572 $41,520,176 $41,520,176 $41,520,176

State General Funds

$41,939,572 $41,520,176 $41,520,176 $41,520,176

TOTAL AGENCY FUNDS

$37,552,919 $37,552,919 $37,552,919 $37,552,919

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

$2,446,064

$2,446,064

$2,446,064

$2,446,064

Rebates, Refunds, and Reimbursements Not Itemized

$2,446,064

$2,446,064

$2,446,064

$2,446,064

Sales and Services

$8,501,879

$8,501,879

$8,501,879

$8,501,879

Sales and Services Not Itemized

$8,501,879

$8,501,879

$8,501,879

$8,501,879

TOTAL PUBLIC FUNDS

$79,492,491 $79,073,095 $79,073,095 $79,073,095

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

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

293.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$32,323

$32,323

$32,323

293.2 Transfer funds received for the FY09 cost of living adjustment to the contract within the Department of Agriculture.

State General Funds

($64,646)

($64,646)

($64,646)

$32,323 ($64,646)

WEDNESDAY, APRIL 1, 2009

4661

293.99 SAC: The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals.

State General Funds

$0

293.100-Athens and Tifton Veterinary Laboratories

Appropriation (HB 119)

The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the

safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals.

TOTAL AGENCY FUNDS

$4,944,522

$4,944,522

$4,944,522

$4,944,522

Intergovernmental Transfers

$4,944,522

$4,944,522

$4,944,522

$4,944,522

Intergovernmental Transfers Not Itemized

$4,944,522

$4,944,522

$4,944,522

$4,944,522

TOTAL PUBLIC FUNDS

$4,944,522

$4,944,522

$4,944,522

$4,944,522

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

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414 $4,295,414 $62,919,325

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414 $4,295,414 $62,919,325

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414 $4,295,414 $62,919,325

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414 $4,295,414 $62,919,325

294.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$395,028

$395,028

$395,028

$395,028

294.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($350,142)

($350,142)

($350,142)

($350,142)

294.3 Reduce funds by eliminating fifty vacant positions.

State General Funds

($1,754,300) ($1,754,300) ($1,754,300) ($1,754,300)

294.4 Reduce funds from operations.

State General Funds

($197,000)

($197,000)

($197,000)

($197,000)

294.5 Reduce funds received in HB990 (FY09G) for maintenance and operations.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

4662

JOURNAL OF THE HOUSE

294.6 Reduce funds by filling critical positions at the minimum salary level.

State General Funds

($351,000)

($351,000)

($351,000)

($351,000)

294.7 Eliminate funds for the Formosan Termite Project.

State General Funds

($165,000)

($165,000)

($165,000)

($165,000)

294.8 Eliminate funds for the Vidalia Onion Research Project.

State General Funds

($200,000)

($200,000)

($200,000)

$0

294.9 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$219,988

$219,988

$219,988

$219,988

294.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($351,330)

($351,330)

($351,330)

294.99 SAC: The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state.

State General Funds

$0

294.100-Cooperative Extension Service

Appropriation (HB 119)

The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and

consumer sciences, and to manage the 4-H youth program for the state.

TOTAL STATE FUNDS

$35,132,970 $34,781,640 $34,781,640 $34,981,640

State General Funds

$35,132,970 $34,781,640 $34,781,640 $34,981,640

TOTAL AGENCY FUNDS

$25,083,929 $25,083,929 $25,083,929 $25,083,929

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

$242,272

$242,272

$242,272

$242,272

Rebates, Refunds, and Reimbursements Not Itemized

$242,272

$242,272

$242,272

$242,272

Sales and Services

$4,295,414

$4,295,414

$4,295,414

$4,295,414

Sales and Services Not Itemized

$4,295,414

$4,295,414

$4,295,414

$4,295,414

TOTAL PUBLIC FUNDS

$60,216,899 $59,865,569 $59,865,569 $60,065,569

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized

$715,890 $715,890 $400,000 $375,988 $375,988

$715,890 $715,890 $400,000 $375,988 $375,988

$715,890 $715,890 $400,000 $375,988 $375,988

$715,890 $715,890 $400,000 $375,988 $375,988

WEDNESDAY, APRIL 1, 2009

4663

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$24,012 $24,012 $1,115,890

$24,012 $24,012 $1,115,890

$24,012 $24,012 $1,115,890

$24,012 $24,012 $1,115,890

295.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$8,224

$8,224

$8,224

$8,224

295.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($6,091)

($6,091)

($6,091)

($6,091)

295.3 Reduce funds by eliminating one vacant position.

State General Funds

($59,189)

($59,189)

($59,189)

($59,189)

295.4 Reduce funds from outreach activities and operations.

State General Funds

($13,222)

($13,222)

($13,222)

($13,222)

295.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$4,478

$4,478

$4,478

$4,478

295.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($6,501)

($6,501)

($6,501)

295.99 SAC: The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources.

State General Funds

$0

295.100-Forestry Cooperative Extension

Appropriation (HB 119)

The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests

and other natural resources.

TOTAL STATE FUNDS

$650,090

$643,589

$643,589

$643,589

State General Funds

$650,090

$643,589

$643,589

$643,589

TOTAL AGENCY FUNDS

$400,000

$400,000

$400,000

$400,000

Intergovernmental Transfers

$375,988

$375,988

$375,988

$375,988

Intergovernmental Transfers Not Itemized

$375,988

$375,988

$375,988

$375,988

Sales and Services

$24,012

$24,012

$24,012

$24,012

Sales and Services Not Itemized

$24,012

$24,012

$24,012

$24,012

TOTAL PUBLIC FUNDS

$1,050,090

$1,043,589

$1,043,589

$1,043,589

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.

4664

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

296.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$39,525

$39,525

$39,525

$39,525

296.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($25,738)

($25,738)

($25,738)

($25,738)

296.3 Reduce funds by eliminating three vacant positions.

State General Funds

($159,696)

($159,696)

($159,696)

($159,696)

296.4 Reduce funds from operations.

State General Funds

($123,520)

($123,520)

($123,520)

($123,520)

296.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$21,763

$21,763

$21,763

$21,763

296.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($31,633)

($31,633)

($31,633)

296.99 SAC: The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-industrial forest landowners and natural resources professionals in complying with state and federal regulations.

State General Funds

$0

296.100-Forestry Research

Appropriation (HB 119)

The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-

industrial forest landowners and natural resources professionals in complying with state and federal regulations.

TOTAL STATE FUNDS

$3,163,314

$3,131,681

$3,131,681

$3,131,681

State General Funds

$3,163,314

$3,131,681

$3,131,681

$3,131,681

TOTAL AGENCY FUNDS

$3,950,426

$3,950,426

$3,950,426

$3,950,426

Intergovernmental Transfers

$3,400,426

$3,400,426

$3,400,426

$3,400,426

Intergovernmental Transfers Not Itemized

$3,400,426

$3,400,426

$3,400,426

$3,400,426

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

$7,113,740

$7,082,107

$7,082,107

$7,082,107

WEDNESDAY, APRIL 1, 2009

4665

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

$1,500,000 $1,500,000 $1,500,000

$1,500,000 $1,500,000 $1,500,000

$1,500,000 $1,500,000 $1,500,000

$1,500,000 $1,500,000 $1,500,000

297.1 Eliminate funds received in HB990 (FY09G) for eminent scholars at Georgia Southern University and Kennesaw State University.

State General Funds

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

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

298.99 SAC: The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy.

State General Funds

$0

298.100-Georgia Radiation Therapy Center

Appropriation (HB 119)

The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and

Radiation Therapy.

TOTAL AGENCY FUNDS

$3,625,810

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures

$3,625,810

$3,625,810

$3,625,810

$3,625,810

Contributions, Donations, and Forfeitures Not Itemized

$3,625,810

$3,625,810

$3,625,810

$3,625,810

TOTAL PUBLIC FUNDS

$3,625,810

$3,625,810

$3,625,810

$3,625,810

Georgia Tech Research Institute

Continuation Budget

The purpose 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

$8,052,902 $8,052,902

$8,052,902 $8,052,902

$8,052,902 $8,052,902

$8,052,902 $8,052,902

4666

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

$148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

$148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

$148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

$148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

299.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$91,425

$91,425

$91,425

$91,425

299.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($336,356)

($336,356)

($336,356)

($336,356)

299.3 Reduce funds by eliminating two filled positions.

State General Funds

($334,589)

($334,589)

($334,589)

($334,589)

299.4 Reduce funds from operations.

State General Funds

($316,957)

($316,957)

($316,957)

($316,957)

299.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$32,169

$32,169

$32,169

$32,169

299.6 Eliminate funds for the start-up of the worker safety technology program.

State General Funds

($141,014)

($141,014)

($141,014)

($141,014)

299.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($70,476)

($70,476)

($70,476)

299.99 SAC: The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in Georgia.

State General Funds

$0

299.100-Georgia Tech Research Institute

Appropriation (HB 119)

The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific,

engineering, industrial, or policy research promotes economic development, health, and safety in Georgia.

TOTAL STATE FUNDS

$7,047,580

$6,977,104

$6,977,104

$6,977,104

State General Funds

$7,047,580

$6,977,104

$6,977,104

$6,977,104

TOTAL AGENCY FUNDS

$148,917,958 $148,917,958 $148,917,958 $148,917,958

Intergovernmental Transfers

$91,469,736 $91,469,736 $91,469,736 $91,469,736

Intergovernmental Transfers Not Itemized

$91,469,736 $91,469,736 $91,469,736 $91,469,736

WEDNESDAY, APRIL 1, 2009

4667

Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$42,748,222 $42,748,222 $14,700,000 $14,700,000 $155,965,538

$42,748,222 $42,748,222 $14,700,000 $14,700,000 $155,895,062

$42,748,222 $42,748,222 $14,700,000 $14,700,000 $155,895,062

$42,748,222 $42,748,222 $14,700,000 $14,700,000 $155,895,062

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

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

300.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$8,708

$8,708

$8,708

$8,708

300.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($6,608)

($6,608)

($6,608)

($6,608)

300.3 Reduce funds by eliminating five vacant positions.

State General Funds

($43,831)

($43,831)

($43,831)

($43,831)

300.4 Reduce funds from operations.

State General Funds

($5,500)

($5,500)

($5,500)

($5,500)

300.5 Replace funds and increase the overnight visit fee by 60%, and the resident housing facility fee for utilities, charge additional fees for the use of vehicle and truck fuel usage reimbursement, and effective September 1, 2008 begin charging residents 100% of their power bill.

State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

($51,000) $51,000
$0

($51,000) $51,000
$0

($51,000) $51,000
$0

($51,000) $51,000
$0

300.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$4,271

$4,271

$4,271

$4,271

300.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($9,006)

($9,006)

($9,006)

4668

JOURNAL OF THE HOUSE

300.99 SAC: The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast.

State General Funds

$0

300.100-Marine Institute

Appropriation (HB 119)

The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access

and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast.

TOTAL STATE FUNDS

$900,641

$891,635

$891,635

$891,635

State General Funds

$900,641

$891,635

$891,635

$891,635

TOTAL AGENCY FUNDS

$486,281

$486,281

$486,281

$486,281

Intergovernmental Transfers

$367,648

$367,648

$367,648

$367,648

Intergovernmental Transfers Not Itemized

$367,648

$367,648

$367,648

$367,648

Rebates, Refunds, and Reimbursements

$118,633

$118,633

$118,633

$118,633

Rebates, Refunds, and Reimbursements Not Itemized

$118,633

$118,633

$118,633

$118,633

TOTAL PUBLIC FUNDS

$1,386,922

$1,377,916

$1,377,916

$1,377,916

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

$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800 $494,800 $2,973,878

$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800 $494,800 $2,973,878

$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800 $494,800 $2,973,878

$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800 $494,800 $2,973,878

301.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$16,316

$16,316

$16,316

$16,316

301.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($9,496)

($9,496)

($9,496)

($9,496)

301.3 Reduce funds by eliminating two positions.

State General Funds

($98,680)

($98,680)

($98,680)

($98,680)

301.4 Reduce funds from operations.

State General Funds

($65,555)

($65,555)

($65,555)

($65,555)

WEDNESDAY, APRIL 1, 2009

4669

301.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$9,110

$9,110

$9,110

$9,110

301.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($14,800)

($14,800)

($14,800)

301.99 SAC: The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability.

State General Funds

$0

301.100-Marine Resources Extension Center

Appropriation (HB 119)

The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability.

TOTAL STATE FUNDS

$1,480,044

$1,465,244

$1,465,244

$1,465,244

State General Funds

$1,480,044

$1,465,244

$1,465,244

$1,465,244

TOTAL AGENCY FUNDS

$1,345,529

$1,345,529

$1,345,529

$1,345,529

Intergovernmental Transfers

$760,729

$760,729

$760,729

$760,729

Intergovernmental Transfers Not Itemized

$760,729

$760,729

$760,729

$760,729

Rebates, Refunds, and Reimbursements

$90,000

$90,000

$90,000

$90,000

Rebates, Refunds, and Reimbursements Not Itemized

$90,000

$90,000

$90,000

$90,000

Sales and Services

$494,800

$494,800

$494,800

$494,800

Sales and Services Not Itemized

$494,800

$494,800

$494,800

$494,800

TOTAL PUBLIC FUNDS

$2,825,573

$2,810,773

$2,810,773

$2,810,773

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

$33,921,721 $33,921,721 $33,921,721

$33,921,721 $33,921,721 $33,921,721

$33,921,721 $33,921,721 $33,921,721

$33,921,721 $33,921,721 $33,921,721

302.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$343,591

$343,591

$343,591

$343,591

302.99 SAC: The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care.

State General Funds

$0

302.100-Medical College of Georgia Hospital and Clinics

Appropriation (HB 119)

The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency

and express care.

4670

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$34,265,312 $34,265,312 $34,265,312

$34,265,312 $34,265,312 $34,265,312

$34,265,312 $34,265,312 $34,265,312

$34,265,312 $34,265,312 $34,265,312

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

$906,390 $906,390 $906,390

$906,390 $906,390 $906,390

$906,390 $906,390 $906,390

$906,390 $906,390 $906,390

303.98 Transfer all funds and activities to the Small Business Development Center Public Service Institute in the Teaching program.

State General Funds

($906,390)

($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

$16,087,799 $0
$16,087,799 $16,087,799

$16,087,799 $0
$16,087,799 $16,087,799

$16,087,799 $0
$16,087,799 $16,087,799

($906,390)
$16,087,799 $0
$16,087,799 $16,087,799

304.1 Reduce funds from coalition operations.

Tobacco Settlement Funds

($145,000)

($145,000)

($145,000)

304.2 Reduce funds from the Regional Cancer Coalition.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

($150,000)

($150,000)

$150,000 ($150,000)
$0

304.3 Eliminate funds for the Quality Information Exchange.

Tobacco Settlement Funds

($4,283,333) ($4,283,333) ($4,283,333)

304.99 SAC: The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention.

($145,000)
$0 ($150,000) ($150,000)
($4,283,333)

State General Funds

304.100-Payments to the Georgia Cancer Coalition

Appropriation (HB 119)

The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention.

TOTAL STATE FUNDS

$11,509,466 $11,509,466 $11,659,466

State General Funds

$150,000

$0 $11,509,466

WEDNESDAY, APRIL 1, 2009

4671

Tobacco Settlement Funds TOTAL PUBLIC FUNDS

$11,509,466 $11,509,466

$11,509,466 $11,509,466

$11,509,466 $11,659,466

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

$41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055

$41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055

$41,748,655 $41,748,655
$4,522,400 $4,522,400 $4,522,400 $46,271,055

$11,509,466 $11,509,466
$41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055

305.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$259,116

$259,116

$259,116

$259,116

305.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($7,291)

($7,291)

($7,291)

($7,291)

305.3 Reduce funds by eliminating one staff position.

State General Funds

($106,400)

($106,400)

($106,400)

($106,400)

305.4 Reduce funds from operations.

State General Funds

($560,842)

($560,842)

($560,842)

($560,842)

305.5 Reduce funds from public library state grants.

State General Funds

($1,793,380) ($1,793,380) ($1,793,380) ($1,793,380)

305.6 Reduce funds from the public library state grants by eliminating major repair and rehabilitation (MRR) funds.

State General Funds

($900,000)

($900,000)

($900,000)

($900,000)

305.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$21,683

$21,683

$21,683

$21,683

305.8 Increase funds for the New Directions formula based on an increase in state population.

State General Funds

$245,573

$245,573

$245,573

$245,573

305.9 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($18,409)

($7,548)

$0

305.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($389,071)

($389,071)

($389,071)

4672

JOURNAL OF THE HOUSE

305.99 SAC: The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs.

State General Funds

$0

305.100-Public Libraries

Appropriation (HB 119)

The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to

information for all Georgians regardless of geographic location or special needs.

TOTAL STATE FUNDS

$38,907,114 $38,499,634 $38,510,495 $38,518,043

State General Funds

$38,907,114 $38,499,634 $38,510,495 $38,518,043

TOTAL AGENCY FUNDS

$4,522,400

$4,522,400

$4,522,400

$4,522,400

Intergovernmental Transfers

$4,522,400

$4,522,400

$4,522,400

$4,522,400

Intergovernmental Transfers Not Itemized

$4,522,400

$4,522,400

$4,522,400

$4,522,400

TOTAL PUBLIC FUNDS

$43,429,514 $43,022,034 $43,032,895 $43,040,443

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

$52,665,927 $47,665,927 $5,000,000 $52,665,927

$52,665,927 $47,665,927 $5,000,000 $52,665,927

$52,665,927 $47,665,927
$5,000,000 $52,665,927

$52,665,927 $47,665,927
$5,000,000 $52,665,927

306.1 Annualize the cost of the FY09 salary adjustment. State General Funds 306.2 Reduce funds from Salary Annualizer. State General Funds 306.3 Reduce funds from Accountability Plus operations. State General Funds 306.4 Reduce funds from the Fort Valley State University land grant match. State General Funds 306.5 Reduce funds from GALILEO. State General Funds 306.6 Reduce funds from GAMES. (S:Eliminate funds for GAMES) State General Funds 306.7 Reduce funds from Georgia Gwinnett College. State General Funds

$357,680

$357,680

$357,680

$357,680

($1,940,840) ($1,940,840) ($1,940,840) ($1,940,840)

($64,008)

($64,008)

($64,008)

($64,008)

($30,932)

($30,932)

($30,932)

($30,932)

($339,500)

($339,500)

($339,500)

($339,500)

($37,500)

($37,500)

($37,500)

($375,000)

($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000)

WEDNESDAY, APRIL 1, 2009

4673

306.8 Reduce funds from Griffin Extension Teaching.

State General Funds

($91,200)

($91,200)

($91,200)

($91,200)

306.9 Reduce funds from Historically Black Colleges and Universities (HBCU) operations.

State General Funds

($208,227)

($208,227)

($208,227)

($208,227)

306.10 Reduce funds from the Intellectual Capital Partnership Program (ICAPP). (S:Eliminate funds for ICAPP)

State General Funds

($448,139)

($448,139)

($448,139) ($4,481,389)

306.11 Reduce funds from ICAPP Health. (S:Eliminate funds for ICAPP Health)

State General Funds

($82,006)

($82,006)

($82,006)

($820,055)

306.12 Reduce funds from the Leadership Institute. (S:Restore funds for Georgia's Leadership Institute for School Improvement (GLISI) and transition to selfsufficiency)

State General Funds

($1,384,561) ($1,384,561) ($1,384,561)

($684,561)

306.13 Reduce funds from Medical College of Georgia (MCG) Mission Related research activities.

State General Funds

($268,900)

($268,900)

($268,900) ($5,689,000)

306.14 Reduce funds from MCG Nurse Anesthetist program.

State General Funds

($36,133)

($36,133)

($36,133)

($36,133)

306.15 Reduce funds from P-16 through the consolidation and elimination of certain functions providing support and services to institutions, schools, faculty, teachers, and students. (S:Eliminate funds)

State General Funds

($96,286)

($96,286)

($96,286)

($734,855)

306.16 Eliminate funds for the Enhancing Access initiative.

State General Funds

($182,360)

($182,360)

($182,360)

($182,360)

306.17 Eliminate funds for the Georgia College and State University Liberal Arts Mission.

State General Funds

($1,237,275) ($1,237,275) ($1,237,275)

$0

306.18 Eliminate funds for the North Georgia College and State University Leadership Initiative.

State General Funds

($600,079)

($600,079)

($600,079)

$0

306.19 Eliminate one-time funds for the Medical College of Georgia Mission Related Special Funding Initiative. (H:Restore funds)

State General Funds

($5,000,000) ($5,000,000)

$0 ($5,000,000)

306.20 Reduce funds from the Washington Center for Internships.

State General Funds

($45,000)

($45,000)

($45,000)

($45,000)

306.21 Reduce funds from the Oxford Study Abroad Program.

State General Funds

($75,000)

($75,000)

($75,000)

($25,000)

306.22 Reduce funds from ICAPP Health to collect data on nursing educators.

State General Funds

($27,430)

($27,430)

($27,430)

$0

4674

JOURNAL OF THE HOUSE

306.23 Eliminate one-time funds for the data mart.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

306.24 Reduce funds to reflect the revised revenue estimate.

State General Funds

($335,282)

($335,282)

$0

306.25 Increase funds for library books needed for accreditation ($1,000,000) and for ten additional faculty to accommodate growing enrollment ($1,000,000) at Georgia Gwinnett College.

State General Funds

$2,000,000

$2,000,000

306.99 SAC: The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula.

State General Funds

$0

306.100-Public Service / Special Funding Initiatives

Appropriation (HB 119)

The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula.

TOTAL STATE FUNDS

$38,528,231 $38,192,949 $45,192,949 $31,975,547

State General Funds

$33,528,231 $33,192,949 $40,192,949 $26,975,547

Tobacco Settlement Funds

$5,000,000

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$38,528,231 $38,192,949 $45,192,949 $31,975,547

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

$7,981,264 $7,981,264 $7,981,264

$7,981,264 $7,981,264 $7,981,264

$7,981,264 $7,981,264 $7,981,264

$7,981,264 $7,981,264 $7,981,264

307.1 Defer the FY09 cost of living adjustment.

State General Funds

($74,640)

($74,640)

($74,640)

($74,640)

307.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($21,262)

($21,262)

($21,262)

($21,262)

307.3 Reduce funds from payments to the Southern Regional Education Board by reducing the number of slots for students studying optometry and begin a four-year phase out of slots for students studying osteopathic medicine.

State General Funds

($123,235)

($123,235)

($123,235)

($123,235)

307.4 Reduce funds from personnel.

State General Funds

($337,446)

($337,446)

($337,446)

($337,446)

307.5 Reduce funds from operations.

State General Funds

($337,445)

($337,445)

($337,445)

($337,445)

WEDNESDAY, APRIL 1, 2009

4675

307.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$44,057

$44,057

$44,057

$44,057

307.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($71,313)

($71,313)

($71,313)

307.8 Reduce funds to reflect savings from HB700 (2009 Session).

State General Funds

($2,100,000)

$0

307.99 SAC: The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern Regional Education Board.

State General Funds

$0

307.100-Regents Central Office

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern

Regional Education Board.

TOTAL STATE FUNDS

$7,131,293

$7,059,980

$4,959,980

$7,059,980

State General Funds

$7,131,293

$7,059,980

$4,959,980

$7,059,980

TOTAL PUBLIC FUNDS

$7,131,293

$7,059,980

$4,959,980

$7,059,980

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

$32,183,995 $31,433,995
$750,000 $32,183,995

$32,183,995 $31,433,995
$750,000 $32,183,995

$32,183,995 $31,433,995
$750,000 $32,183,995

$32,183,995 $31,433,995
$750,000 $32,183,995

308.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$175,171

$175,171

$175,171

308.2 Reduce funds from personnel.

State General Funds

($158,309)

($158,309)

($158,309)

308.3 Reduce funds from operations.

State General Funds

($3,301,983) ($3,301,983) ($3,031,983)

308.4 Eliminate funds for the Georgia Environmental Partnership.

State General Funds

($711,620)

($711,620)

($711,620)

308.5 Eliminate funds for the Traditional Industries activity. (S:Restore funds for forestry, textile, and biomass projects)

State General Funds

($3,114,511) ($3,114,511) ($3,114,511)

$175,171 ($158,309) ($3,301,983) ($711,620) ($1,500,000)

4676

JOURNAL OF THE HOUSE

308.6 Reduce funds from the Vaccine Initiative Collaboration grants.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

308.7 Reduce funds from the Technology Partnership grants.

State General Funds

($710,413)

($710,413)

($710,413)

($710,413)

308.8 Eliminate funds for the Bio-Refinery.

State General Funds

($400,000)

($400,000)

($400,000)

$0

308.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($222,123)

($222,123)

($222,123)

308.10 Increase funds for the Food Processing/Research Initiative of the Traditional Industries Program.

State General Funds

$1,500,000

$1,500,000

308.99

SAC: The purpose of this appropriation is to support research and development activities at Georgia's research universities, including the Georgia Research Alliance and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. The purpose of this appropriation is also to provide the Georgia Research Alliance funds to establish endowments in partnership with the private sector to recruit scientists to Georgia's research universities, provide seed grants to Georgia Research Alliance Eminent Scholars and their research colleagues, provide commercialization grants that launch new Georgia-based companies around university research, and provide seed investment capital to selected start-up companies.

State General Funds

$0

308.100-Research Consortium

Appropriation (HB 119)

The purpose of this appropriation is to support research and development activities at Georgia's research universities, including the Georgia Research Alliance

and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. The purpose of this appropriation is

also to provide the Georgia Research Alliance funds to establish endowments in partnership with the private sector to recruit scientists to Georgia's research

universities, provide seed grants to Georgia Research Alliance Eminent Scholars and their research colleagues, provide commercialization grants that launch

new Georgia-based companies around university research, and provide seed investment capital to selected start-up companies.

TOTAL STATE FUNDS

$22,962,330 $22,740,207 $24,510,207 $26,254,718

State General Funds

$22,212,330 $21,990,207 $23,760,207 $25,504,718

Tobacco Settlement Funds

$750,000

$750,000

$750,000

$750,000

TOTAL PUBLIC FUNDS

$22,962,330 $22,740,207 $24,510,207 $26,254,718

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

$1,756,972 $1,756,972 $4,645,000 $3,500,000

$1,756,972 $1,756,972 $4,645,000 $3,500,000

$1,756,972 $1,756,972 $4,645,000 $3,500,000

$1,756,972 $1,756,972 $4,645,000 $3,500,000

WEDNESDAY, APRIL 1, 2009

4677

Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$3,500,000 $1,145,000 $1,145,000 $6,401,972

$3,500,000 $1,145,000 $1,145,000 $6,401,972

$3,500,000 $1,145,000 $1,145,000 $6,401,972

$3,500,000 $1,145,000 $1,145,000 $6,401,972

309.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$14,423

$14,423

$14,423

$14,423

309.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($24,055)

($24,055)

($24,055)

($24,055)

309.3 Reduce funds by eliminating one filled position.

State General Funds

($72,500)

($72,500)

($72,500)

($72,500)

309.4 Reduce funds by eliminating one vacant position.

State General Funds

($46,324)

($46,324)

($46,324)

($46,324)

309.5 Reduce funds by capping the employer premium for employee health insurance at the employer premium level paid for employee Preferred Provider Organization (PPO) health insurance.

State General Funds

($22,888)

($22,888)

($22,888)

($22,888)

309.6 Reduce funds designated for new and replacement research equipment purchases.

State General Funds

($35,428)

($35,428)

($35,428)

($35,428)

309.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$9,543

$9,543

$9,543

$9,543

309.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,797)

($15,797)

($15,797)

309.99 SAC: The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments.

State General Funds

$0

309.100-Skidaway Institute of Oceanography

Appropriation (HB 119)

The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments.

TOTAL STATE FUNDS

$1,579,743

$1,563,946

$1,563,946

$1,563,946

State General Funds

$1,579,743

$1,563,946

$1,563,946

$1,563,946

TOTAL AGENCY FUNDS

$4,645,000

$4,645,000

$4,645,000

$4,645,000

Intergovernmental Transfers

$3,500,000

$3,500,000

$3,500,000

$3,500,000

Intergovernmental Transfers Not Itemized

$3,500,000

$3,500,000

$3,500,000

$3,500,000

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

$6,224,743

$6,208,946

$6,208,946

$6,208,946

4678

JOURNAL OF THE HOUSE

Student Education Enrichment Program

Continuation Budget

The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$322,377 $322,377 $322,377

$322,377 $322,377 $322,377

$322,377 $322,377 $322,377

$322,377 $322,377 $322,377

310.1 Eliminate funds. State General Funds

($322,377)

($322,377)

($322,377)

($222,377)

310.100-Student Education Enrichment Program

Appropriation (HB 119)

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

$100,000 $100,000 $100,000

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

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

311.1 Annualize the cost of the FY09 salary adjustment. State General Funds 311.2 Reduce funds from the Carl Vinson Institute of Government. State General Funds 311.3 Reduce funds from the Fiscal Research Center. State General Funds 311.4 Reduce funds from the Georgia Center for Communications. State General Funds

$22,046,660 $22,046,660 $22,046,660 $22,046,660

($584,170)

($584,170)

($584,170)

($584,170)

($50,666)

($50,666)

($50,666)

($50,666)

($17,446)

($17,446)

($17,446)

($17,446)

WEDNESDAY, APRIL 1, 2009

4679

311.5 Reduce funds from the Health Policy Center.

State General Funds

($23,076)

($23,076)

($23,076)

($23,076)

311.6 Reduce funds from the Institute of Higher Education. (S:Eliminate the Institute of Higher Education)

State General Funds

($223,142)

($223,142)

($223,142) ($2,231,419)

311.7 Reduce funds from the Rusk Center.

State General Funds

($46,653)

($46,653)

($46,653)

($46,653)

311.8 Reduce funds from the Small Business Development Center.

State General Funds

($359,111)

($359,111)

($359,111)

($359,111)

311.9 Reduce funds from the University Press.

State General Funds

($97,870)

($97,870)

($97,870)

($97,870)

311.10 Reduce funds from the A.L. Burress Institute.

State General Funds

($13,209)

($13,209)

($13,209)

($13,209)

311.11 Increase funds for Resident Instruction based on a 4% increase in credit hours ($79,372,501), maintenance and operations based on an increase in square footage ($9,562,873), retiree funding ($5,768,742), and health insurance ($14,978,876). (H and S:Reduce health insurance increase by $1,000,000.)

State General Funds

$109,682,992 $109,682,992 $108,682,992 $108,682,992

311.12 Reduce funds from Resident Instruction. (H:Provide for an additional reduction)

State General Funds

($184,493,021) ($184,493,021) ($199,756,809) ($194,298,489)

311.13 Increase funds for the Medical College of Georgia for faculty and operating expenses to expand the medical school's capacity.

State General Funds

$7,751,276

$7,751,276

$7,751,276

$7,751,276

311.14 Reduce funds to offset new admissions fee at the Bamboo Farm.

State General Funds

($180,000)

($180,000)

($180,000)

($180,000)

311.15 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$5,016,655

$5,016,655

$5,016,655

$5,016,655

311.16

Reduce funds for the Strengthening Georgia's Families and Communities Initiative at UGA ($250,000), the UGA School of Ecology ($50,000), the South Georgia Regional Education Consortium ($25,000), Georgia Tech Regional Engineering Program ($1,000,000), the Georgia Aviation College Transfer Initiative ($3,691,765), one-time funding for Georgia Partnership for Reform in Science and Mathematics ($600,000), one-time funds for a Lottery Study ($250,000), and Kennesaw State University Disadvantaged Youth Program ($200,000). (S:Restore funds for the Georgia Aviation College Transfer Initiative)

State General Funds

($6,066,765) ($6,066,765) ($6,066,765) ($2,375,000)

311.17 Reduce funds for Georgia Tech Regional Engineering Program Tidal Power Study ($20,000), Braille College Text Materials ($300,000), Cyber Crime and Homeland Security Facility at Armstrong Atlantic ($63,900), Collegiate Sports Program for Students with Disabilities ($773,080), Darton CollegeCordele Roof Repair ($75,000), Georgia Southern IT Program ($1,828,418), UGA-Aquarium ($780,000), Center for High Angular Resolution

4680

JOURNAL OF THE HOUSE

Astronomy Array ($220,000), Georgia State University Salary Survey ($28,300), and UGA Griffin Campus-Infrastructure ($800,000). (H and S:Restore funds for the Georgia Southern IT Program ($1,828,418), the for UGA-Aquarium ($1,400,000), and the CHARA-Array ($75,000))

State General Funds

($4,888,698) ($4,888,698) ($1,585,280) ($1,585,280)

311.18 Reduce funds to reflect the revised revenue estimate.

State General Funds

($19,529,330) ($19,529,330) ($19,529,330)

311.19 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($92,617,896) $92,617,896
$0

($92,617,896) $92,617,896
$0

($92,617,896) $92,617,896
$0

311.20 Reduce funds from the Early College program.

State General Funds

($1,200,000)

311.98 Transfer all funds and activities from the Office of Minority Business Enterprises program to the Small Business Development Center Public Service Institute.

State General Funds

$906,390

$906,390

$906,390

$906,390

311.99 SAC: The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student instruction and to establish and operate other initiatives that promote, support, or extend student learning.

State General Funds

$0

311.100 -Teaching

Appropriation (HB 119)

The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student

instruction and to establish and operate other initiatives that promote, support, or extend student learning.

TOTAL STATE FUNDS

$1,918,667,700 $1,806,520,474 $1,793,560,104 $1,799,501,912

State General Funds

$1,918,667,700 $1,806,520,474 $1,793,560,104 $1,799,501,912

TOTAL FEDERAL FUNDS

$92,617,896 $92,617,896 $92,617,896

American Recovery and Reinvestment Act of 2009

$92,617,896 $92,617,896 $92,617,896

TOTAL AGENCY FUNDS

$2,875,057,996 $2,875,057,996 $2,875,057,996 $2,875,057,996

Intergovernmental Transfers

$1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138

Intergovernmental Transfers Not Itemized

$1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138

Rebates, Refunds, and Reimbursements

$40,013,772 $40,013,772 $40,013,772 $40,013,772

Rebates, Refunds, and Reimbursements Not Itemized

$40,013,772 $40,013,772 $40,013,772 $40,013,772

Sales and Services

$1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086

Sales and Services Not Itemized

$1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086

TOTAL PUBLIC FUNDS

$4,793,725,696 $4,774,196,366 $4,761,235,996 $4,767,177,804

WEDNESDAY, APRIL 1, 2009

4681

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

$3,504,264 $3,504,264 $3,504,264

$3,504,264 $3,504,264 $3,504,264

$3,504,264 $3,504,264 $3,504,264

$3,504,264 $3,504,264 $3,504,264

312.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$32,149

$32,149

$32,149

$32,149

312.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($24,218)

($24,218)

($24,218)

($24,218)

312.3 Reduce funds by eliminating seven vacant positions.

State General Funds

($134,237)

($134,237)

($134,237)

($134,237)

312.4 Reduce funds from research projects.

State General Funds

($207,699)

($207,699)

($207,699)

$0

312.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$17,213

$17,213

$17,213

$17,213

312.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($31,875)

($31,875)

($31,875)

312.99 SAC: The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention.

State General Funds

$0

312.100-Veterinary Medicine Experiment Station

Appropriation (HB 119)

The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential

concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention.

TOTAL STATE FUNDS

$3,187,472

$3,155,597

$3,155,597

$3,363,296

State General Funds

$3,187,472

$3,155,597

$3,155,597

$3,363,296

TOTAL PUBLIC FUNDS

$3,187,472

$3,155,597

$3,155,597

$3,363,296

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.

4682

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

313.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$3,656

$3,656

$3,656

$3,656

313.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($31,051)

($31,051)

($31,051)

($31,051)

313.3 Reduce funds by eliminating two vacant positions.

State General Funds

($57,200)

($57,200)

($57,200)

$0

313.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$2,210

$2,210

$2,210

$2,210

313.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,860)

($4,860)

($4,860)

313.99 SAC: The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation.

State General Funds

$0

313.100-Veterinary Medicine Teaching Hospital

Appropriation (HB 119)

The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of

production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation.

TOTAL STATE FUNDS

$485,954

$481,094

$481,094

$538,294

State General Funds

$485,954

$481,094

$481,094

$538,294

TOTAL AGENCY FUNDS

$9,621,951

$9,621,951

$9,621,951

$9,621,951

Sales and Services

$9,621,951

$9,621,951

$9,621,951

$9,621,951

Sales and Services Not Itemized

$9,621,951

$9,621,951

$9,621,951

$9,621,951

TOTAL PUBLIC FUNDS

$10,107,905 $10,103,045 $10,103,045 $10,160,245

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

$3,062,916 $3,062,916 $3,062,916

$3,062,916 $3,062,916 $3,062,916

$3,062,916 $3,062,916 $3,062,916

$3,062,916 $3,062,916 $3,062,916

WEDNESDAY, APRIL 1, 2009

4683

314.1 Reduce funds from the Preparatory School.

State General Funds

($204,308)

($204,308)

($204,308)

($204,308)

314.2 Reduce funds from the Junior College.

State General Funds

($101,984)

($101,984)

($101,984)

($101,984)

314.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($21,043)

($8,628)

$0

314.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($27,566)

($27,566)

($27,566)

314.99 SAC: The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military College and preparatory school.

State General Funds

$0

314.100-Payments to Georgia Military College

Appropriation (HB 119)

The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military

College and preparatory school.

TOTAL STATE FUNDS

$2,756,624

$2,708,015

$2,720,430

$2,729,058

State General Funds

$2,756,624

$2,708,015

$2,720,430

$2,729,058

TOTAL PUBLIC FUNDS

$2,756,624

$2,708,015

$2,720,430

$2,729,058

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

$18,191,543 $18,191,543 $18,191,543

$18,191,543 $18,191,543 $18,191,543

$18,191,543 $18,191,543 $18,191,543

$18,191,543 $18,191,543 $18,191,543

315.1 Defer the FY09 cost of living adjustment.

State General Funds

($102,859)

($102,859)

($102,859)

($102,859)

315.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($300,805)

($318,329)

($275,082)

$0

4684

JOURNAL OF THE HOUSE

315.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$105,041

$105,041

$105,041

$105,041

315.4 Reduce funds from personnel and operations.

State General Funds

($1,629,797) ($1,629,797) ($1,629,797) ($1,629,797)

315.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($162,631)

($162,631)

($162,631)

315.6 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($2,340)

($2,340)

315.99 SAC: The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and enrich the quality of their lives.

State General Funds

$0

315.100-Payments to Public Telecommunications Commission, Georgia

Appropriation (HB 119)

The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and

enrich the quality of their lives.

TOTAL STATE FUNDS

$16,263,123 $16,082,968 $16,123,875 $16,398,957

State General Funds

$16,263,123 $16,082,968 $16,123,875 $16,398,957

TOTAL PUBLIC FUNDS

$16,263,123 $16,082,968 $16,123,875 $16,398,957

Section 39: Revenue, 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 PUBLIC FUNDS

Section Total - Continuation

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS

Section Total - Final

$112,844,753 $111,633,621

$112,694,753 $111,483,621

$150,000

$150,000

$397,422

$397,422

$104,504,143 $104,354,143
$150,000 $397,422

$116,131,087 $115,981,087
$150,000 $397,422

WEDNESDAY, APRIL 1, 2009

4685

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Reserved Fund Balances Intergovernmental Transfers Sales and Services TOTAL PUBLIC FUNDS

$397,422 $21,817,779 $2,895,700 $4,342,000 $14,580,079 $135,059,954

$397,422 $21,817,779 $2,895,700 $4,342,000 $14,580,079 $133,848,822

$397,422 $21,817,779 $2,895,700 $4,342,000 $14,580,079 $126,719,344

$397,422 $11,410,135
$11,410,135 $127,938,644

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

$11,464,238 $11,464,238 $2,110,135 $2,110,135
$2,110,135 $13,574,373

$11,464,238 $11,464,238 $2,110,135 $2,110,135 $2,110,135 $13,574,373

$11,464,238 $11,464,238
$2,110,135 $2,110,135 $2,110,135 $13,574,373

$11,464,238 $11,464,238 $2,110,135 $2,110,135
$2,110,135 $13,574,373

316.1 Defer the FY09 cost of living adjustment.

State General Funds

($101,204)

($101,204)

($101,204)

($101,204)

316.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($281,823)

($369,988)

($319,723)

$0

316.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($73,908)

($73,908)

($73,908)

($73,908)

316.4 Reduce funds by eliminating five vacant positions.

State General Funds

($332,218)

($332,218)

($332,218)

($332,218)

316.5 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($83,188)

($83,188)

($83,188)

($83,188)

316.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($119,518)

($119,518)

($119,518)

316.7 Reduce funds designated for telecommunications added in HB1027 (FY07G). (S:Use funds for ongoing expenses related to additional telephone line capacity at the customer service call center)

State General Funds

($212,968)

$0

4686

JOURNAL OF THE HOUSE

316.97 Transfer funds and activities to the new Local Government Services program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($2,948,790) ($2,110,135) ($5,058,925)

($2,948,790) ($2,110,135) ($5,058,925)

($2,948,790) ($2,110,135) ($5,058,925)

($2,948,790) ($2,110,135) ($5,058,925)

316.98 Transfer funds and activities from the Revenue Processing program to implement a program structure consistent with new service delivery platforms.

State General Funds

$6,404,944

$6,404,944

$6,404,944

$6,404,944

316.99 SAC: The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions.

State General Funds

$0

316.100-Customer Service

Appropriation (HB 119)

The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding

tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions.

TOTAL STATE FUNDS

$14,048,051 $13,840,368 $13,677,665 $14,210,356

State General Funds

$14,048,051 $13,840,368 $13,677,665 $14,210,356

TOTAL PUBLIC FUNDS

$14,048,051 $13,840,368 $13,677,665 $14,210,356

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

317.1 Defer the FY09 cost of living adjustment.

State General Funds

($66,022)

($66,022)

($66,022)

($66,022)

317.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($156,711)

($205,736)

($177,785)

$0

317.3 Reduce/Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

WEDNESDAY, APRIL 1, 2009

4687

State General Funds

($45,149)

($45,149)

($45,149)

($45,149)

317.4 Reduce funds by eliminating one vacant position. (H:Reflect annual salary savings)(S:Reduce additional funds from operations)

State General Funds

($6,618)

($6,618)

($93,618)

($93,618)

317.5 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($123,553)

($123,553)

($123,553)

($123,553)

317.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($71,321)

($71,321)

($71,321)

317.7 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($16,243)

($16,243)

317.98 Transfer funds and activities from the Revenue Processing and Tax Compliance programs to implement a program structure consistent with new service delivery platforms.

State General Funds

$4,625,143

$4,625,143

$4,625,143

$4,625,143

317.100-Departmental Administration

Appropriation (HB 119)

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

$8,383,034

$8,262,688

$8,187,396

$8,365,181

State General Funds

$8,383,034

$8,262,688

$8,187,396

$8,365,181

TOTAL AGENCY FUNDS

$375,000

$375,000

$375,000

$375,000

Sales and Services

$375,000

$375,000

$375,000

$375,000

Sales and Services Not Itemized

$375,000

$375,000

$375,000

$375,000

TOTAL PUBLIC FUNDS

$8,758,034

$8,637,688

$8,562,396

$8,740,181

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, 2008 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

$428,290,501 $428,290,501 $428,290,501

318.1 Eliminate funds for the Homeowner's Tax Relief Grant. State General Funds

($428,290,501) ($428,290,501) ($428,290,501) ($428,290,501)

4688

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

319.1 Defer the FY09 cost of living adjustment.

State General Funds

($30,573)

($30,573)

($30,573)

($30,573)

319.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($74,973)

($98,427)

($85,055)

$0

319.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($181,815)

($181,815)

($181,815)

($181,815)

319.4 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($22,007)

($22,007)

($22,007)

($22,007)

319.5 Reduce funds designated for vehicle purchases. (S:Restore funds for ongoing operations)

State General Funds

($64,110)

($64,110)

($176,251)

($64,110)

319.6 Reduce funds by eliminating four vacant positions.

State General Funds

($147,595)

($147,595)

($147,595)

($147,595)

319.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($28,433)

($28,433)

($28,433)

319.98 Transfer funds and activities to the new Technology Support Services program to implement a program structure consistent with new service delivery platforms.

State General Funds

($806,135)

($806,135)

($806,135)

($806,135)

319.99 SAC: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles.

WEDNESDAY, APRIL 1, 2009

4689

State General Funds

$0

319.100-Industry Regulation

Appropriation (HB 119)

The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin

operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road

vehicles.

TOTAL STATE FUNDS

$3,642,026

$3,590,139

$3,491,370

$3,688,566

State General Funds

$3,492,026

$3,440,139

$3,341,370

$3,538,566

Tobacco Settlement Funds

$150,000

$150,000

$150,000

$150,000

TOTAL FEDERAL FUNDS

$187,422

$187,422

$187,422

$187,422

Federal Funds Not Itemized

$187,422

$187,422

$187,422

$187,422

TOTAL PUBLIC FUNDS

$3,829,448

$3,777,561

$3,678,792

$3,875,988

Litigations and Investigations
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

320.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,104)

($11,104)

($11,104)

($11,104)

320.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($36,699)

($48,180)

($41,634)

$0

320.3 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($4,428)

($4,428)

($4,428)

($4,428)

320.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($12,466)

($12,466)

($12,466)

320.98 Transfer funds and activities from the Revenue Processing program to implement a program structure consistent with new service delivery platforms.

State General Funds

$1,517,413

$1,517,413

$1,517,413

$1,517,413

320.99

SAC: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. House: The purpose of this appropriation is to investigate and prosecute tax fraud and other illegal activities related to the tax process. Gov Rev: The purpose of this appropriation is to investigate and prosecute tax fraud and other illegal activities related to the tax process. Governor: The purpose of this appropriation is to investigate and prosecute tax fraud and other illegal activities related to the tax process.

State General Funds

$0

$0

$0

$0

4690

JOURNAL OF THE HOUSE

320.100-Litigations and Investigations

Appropriation (HB 119)

The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts.

TOTAL STATE FUNDS

$1,465,182

$1,441,235

$1,447,781

State General Funds

$1,465,182

$1,441,235

$1,447,781

TOTAL PUBLIC FUNDS

$1,465,182

$1,441,235

$1,447,781

Local Government Services
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$1,489,415 $1,489,415 $1,489,415
$0 $0

321.1 Defer the FY09 cost of living adjustment.

State General Funds

($28,764)

($28,764)

($28,764)

($28,764)

321.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($57,225)

($75,127)

($64,920)

$0

321.3 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($106,629)

($106,629)

($106,629)

($106,629)

321.4 Reduce funds from personnel.

State General Funds

($151,016)

($151,016)

($151,016)

($151,016)

321.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($22,165)

($22,165)

($22,165)

321.6 Reduce funds designated for telecommunications added in HB1027 (FY07G). (S:Restore funds for ongoing operations)

State General Funds

($212,968)

$0

321.98 Transfer funds and activities from the Customer Service program to implement a program structure consistent with new service delivery platforms.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$2,948,790 $2,110,135 $5,058,925

$2,948,790 $2,110,135 $5,058,925

$2,948,790 $2,110,135 $5,058,925

$2,948,790 $2,110,135 $5,058,925

321.99

SAC: The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit. House: The purpose of this appropriation is to assist local tax official with the administration of State tax laws and administers the Unclaimed Property function for the State of Georgia. Gov Rev: The purpose of this appropriation is to assist local tax official with the administration of State tax laws and administers the Unclaimed Property function for the State of Georgia.

WEDNESDAY, APRIL 1, 2009

4691

Governor: The purpose of this appropriation is to assist local tax official with the administration of State tax laws and administers the Unclaimed Property function for the State of Georgia.

State General Funds

$0

$0

$0

$0

321.100-Local Government Services

Appropriation (HB 119)

The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit.

TOTAL STATE FUNDS

$2,605,156

$2,565,089

$2,362,328

$2,640,216

State General Funds

$2,605,156

$2,565,089

$2,362,328

$2,640,216

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

$4,715,291

$4,675,224

$4,472,463

$4,750,351

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

322.1 Reduce funds and provide retirement benefits only for local tax commissioners and their employees whose counties do not offer a local retirement benefit plan.

State General Funds

($3,949,163)

$0

322.99

SAC: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. House: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. Gov Rev: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. Governor: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.

State General Funds

$0

$0

$0

$0

322.100-Local Tax Officials Retirement and FICA

Appropriation (HB 119)

The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.

TOTAL STATE FUNDS

$5,149,163

$5,149,163

$1,200,000

State General Funds

$5,149,163

$5,149,163

$1,200,000

TOTAL PUBLIC FUNDS

$5,149,163

$5,149,163

$1,200,000

$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.

4692

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

324.1 Defer the FY09 cost of living adjustment.

State General Funds

($76,895)

($76,895)

($76,895)

($76,895)

324.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($255,450)

($335,364)

($289,803)

$0

324.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($2,187,946) ($2,187,946) ($2,187,946) ($2,187,946)

324.4 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($54,107)

($54,107)

($54,107)

($54,107)

324.5 Reduce funds by eliminating seven vacant positions.

State General Funds

($286,747)

($286,747)

($286,747)

($286,747)

324.6 Reduce funds designated for temporary labor and associated operating costs due to the elimination of two shifts at the revenue processing center.

State General Funds

($2,400,000) ($2,400,000) ($2,400,000) ($2,400,000)

324.7 Reduce funds due to a loss of revenues.

Reserved Fund Balances Not Itemized

($426,769)

($426,769)

($426,769)

($426,769)

324.8 Reduce funds designated for travel and vehicle purchases. (S:Restore funds for ongoing revenue processing operations)

State General Funds

($124,849)

$0

324.98 Transfer funds and activities to the Departmental Administration, Customer Service, Litigations and Investigations, Technology Support Services, and Tax Law and Policy programs to implement a program structure consistent with new service delivery platforms.

State General Funds

($24,129,092) ($24,129,092) ($24,129,092) ($24,129,092)

324.100-Revenue Processing

Appropriation (HB 119)

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.

WEDNESDAY, APRIL 1, 2009

4693

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Salvage Inspection The purpose of this appropriation is to inspect rebuilt salvage vehicles. TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

$12,800,629 $12,800,629 $12,800,629

$12,720,715 $12,720,715 $12,720,715

Continuation Budget

$1,704,133 $1,704,133 $1,704,133

$1,704,133 $1,704,133 $1,704,133

$12,641,427 $12,641,427 $12,641,427
$1,704,133 $1,704,133 $1,704,133

$13,056,079 $13,056,079 $13,056,079
$1,704,133 $1,704,133 $1,704,133

325.98 Transfer all funds and activities to the Motor Vehicle Registration and Titling program to implement a program structure consistent with new service delivery platforms.

State General Funds

($1,704,133) ($1,704,133) ($1,704,133) ($1,704,133)

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

326.98 Transfer all funds and activities to the Tax Law and Policy program to implement a program structure consistent with new service delivery platforms.

State General 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Continuation Budget

$23,449,239 $23,449,239 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

$23,449,239 $23,449,239 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

$23,449,239 $23,449,239
$3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

$23,449,239 $23,449,239 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

4694

JOURNAL OF THE HOUSE

327.98 Transfer funds and activities to the Technology Support Services and the Motor Vehicle Registration and Titling programs.

State General Funds Reserved Fund Balances Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($23,449,239) ($2,895,700) ($800,000) ($27,144,939)

($23,449,239) ($2,895,700) ($800,000) ($27,144,939)

($23,449,239) ($2,895,700) ($800,000) ($27,144,939)

($23,449,239) ($2,895,700)
($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 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

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

328.1 Defer the FY09 cost of living adjustment.

State General Funds

($277,341)

($277,341)

($277,341)

($277,341)

328.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($580,855)

($762,569)

($658,969)

$0

328.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($34,447)

($34,447)

($34,447)

($34,447)

328.4 Reduce one time funds added for the data warehouse. (H:Reflect technology verification costs to be paid through the new Technology Support Services program)(S:Restore funds to provide for a mandatory independent annual audit of the data warehouse system as state regulations prohibit system audits by internal staff)

State General Funds

($140,000)

($140,000)

($553,758)

($140,000)

328.5 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($79,140)

($79,140)

($79,140)

($79,140)

328.6 Reduce funds by eliminating five vacant positions and two filled positions. (H:Reflect annual salary savings)(S:Restore funds for ongoing operations)

State General Funds

($391,560)

($391,560)

($452,500)

($391,560)

WEDNESDAY, APRIL 1, 2009

4695

328.7 Reduce funds from travel for site visits and auditors that live-in-state and perform out-of-state audits.

State General Funds

($299,680)

($299,680)

($299,680)

($299,680)

328.8 Reduce funds for contracts. (S:Restore contracts for private collection agencies)

State General Funds

($500,000)

$0

328.9 Reduce funds to reflect FY10 projected collections.

Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($4,342,000) ($3,169,944) ($7,511,944)

328.98 Transfer funds and activities to the Departmental Administration and Technology Support Services programs to implement a program structure consistent with new service delivery platforms and to align administrative functions.

State General Funds

($5,951,421) ($5,951,421) ($5,951,421) ($5,951,421)

328.99 SAC: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

State General Funds

328.100-Tax Compliance

Appropriation (HB 119)

The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

TOTAL STATE FUNDS

$28,365,279 $28,183,565 $27,312,467

State General Funds

$28,365,279 $28,183,565 $27,312,467

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

$44,212,223 $44,030,509 $43,159,411

Tax Law and Policy
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0
$28,946,134 $28,946,134
$210,000 $210,000 $8,125,000
$8,125,000 $8,125,000 $37,281,134
$0 $0

329.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,104)

($11,104)

($11,104)

($11,104)

329.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

4696

JOURNAL OF THE HOUSE

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($35,486)

($46,587)

($40,258)

$0

329.3 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($2,949)

($2,949)

($2,949)

($2,949)

329.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($11,698)

($11,698)

($11,698)

329.5 Reduce funds to provide for only a moderate sized legal team. (S:Restore funds to continue to provide services for taxpayer appeals of tax assessments and to provide the General Assembly with research on legislative fiscal notes and revenue inquiries, and to produce regulations for taxes, alcohol, and tobacco)

State General Funds

($1,053,410)

$0

329.98 Transfer funds and activities from the Revenue Processing and State Board of Equalization programs to implement a program structure consistent with new service delivery platforms.

State General Funds

$1,424,419

$1,424,419

$1,424,419

$1,424,419

329.99

SAC: The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries. House: The purpose of this appropriation is to provide accurate information with regard to current and proposed tax laws and policies. Gov Rev: The purpose of this appropriation is to provide accurate information with regard to current and proposed tax laws and policies. Governor: The purpose of this appropriation is to provide accurate information with regard to current and proposed tax laws and policies.

State General Funds

$0

$0

$0

$0

329.100-Tax Law and Policy

Appropriation (HB 119)

The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the

State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries.

TOTAL STATE FUNDS

$1,374,880

$1,352,081

$305,000

$1,398,668

State General Funds

$1,374,880

$1,352,081

$305,000

$1,398,668

TOTAL PUBLIC FUNDS

$1,374,880

$1,352,081

$305,000

$1,398,668

Technology Support Services
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

330.1 Defer the FY09 cost of living adjustment. State General Funds

($161,293)

($161,293)

($161,293)

($161,293)

WEDNESDAY, APRIL 1, 2009

4697

330.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($357,951)

($469,931)

($406,088)

$0

330.3 Reduce funds designated for internal information technology projects.

State General Funds

($400,000)

($400,000)

($900,000) ($1,100,000)

330.4 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($21,285)

($21,285)

($21,285)

($21,285)

330.5 Reduce funds by eliminating six vacant positions.

State General Funds

($329,799)

($329,799)

($329,799)

($329,799)

330.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($210,991)

($210,991)

($210,991)

330.98 Transfer funds and activities from the Industry Regulation, Motor Vehicle Registration and Titling, Revenue Processing, and Tax Compliance programs to implement a program structure consistent with new service delivery platforms.

State General Funds

$26,069,761 $26,069,761 $26,069,761 $26,069,761

330.99

SAC: The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. House: The purpose of this appropriation is to provide electronic tax filing and on-line payments services to Georgia taxpayers. Gov Rev: The purpose of this appropriation is to provide electronic tax filing and on-line payments services to Georgia taxpayers. Governor: The purpose of this appropriation is to provide electronic tax filing and on-line payments services to Georgia taxpayers.

State General Funds

$0

$0

$0

$0

330.100-Technology Support Services

Appropriation (HB 119)

The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers.

TOTAL STATE FUNDS

$24,799,433 $24,476,462 $24,040,305 $24,246,393

State General Funds

$24,799,433 $24,476,462 $24,040,305 $24,246,393

TOTAL PUBLIC FUNDS

$24,799,433 $24,476,462 $24,040,305 $24,246,393

Motor Vehicle Registration and Titling
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

506.1 Defer the FY09 cost of living adjustment. State General Funds

($99,910)

($99,910)

($99,910)

($99,910)

4698

JOURNAL OF THE HOUSE

506.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($233,100)

($306,022)

($264,447)

$0

506.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($1,914,816) ($1,914,816) ($1,914,816) ($1,914,816)

506.4 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($58,031)

($58,031)

($58,031)

($58,031)

506.5 Reduce funds by eliminating eight vacant positions and four filled positions. (H:Reflect annual salary savings for twelve positions)(S:Reduce funds from operations)

State General Funds

($416,713)

($416,713)

($672,000)

($916,713)

506.6 Reduce funds by privatizing salvage vehicle inspections.

State General Funds

($693,850)

($693,850)

($693,850)

$0

506.7 Reduce funds by combining Quality Assurance and Document Receipt and Control functions and eliminating seventeen hourly and fourteen temporary positions.

State General Funds

($850,000)

($850,000)

($850,000)

($850,000)

506.8 Reduce funds designated for non-mandated services to county tag offices such as toner for tag and title printers and systems training. (S:Reduce additional funds for non-mandated printers)

State General Funds

($1,039,000) ($1,039,000) ($1,039,000) ($1,545,772)

506.9 Reduce funds by relying on one statutorily required notice to inform vehicle owners who are non-compliant with insurance requirements.

State General Funds

($486,000)

($486,000)

($486,000)

($486,000)

506.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($86,882)

($86,882)

($86,882)

506.11 Replace one-time funds for motor vehicle tags and registration cards.

State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

$2,895,700 ($2,895,700)
$0

506.98 Transfer funds and activities from the Salvage Inspection and the Tag and Title Registration programs.

State General Funds Reserved Fund Balances Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$16,003,340 $2,895,700
$800,000 $19,699,040

$16,003,340 $2,895,700 $800,000 $19,699,040

$16,003,340 $2,895,700 $800,000 $19,699,040

$16,003,340 $2,895,700 $800,000 $19,699,040

WEDNESDAY, APRIL 1, 2009

4699

506.99

SAC: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-worthiness for new title issuance. House: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and inspection rebuilt vehicles for road-worthiness for new title issuance. Gov Rev: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and inspection rebuilt vehicles for road-worthiness for new title issuance. Governor: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and inspection rebuilt vehicles for road-worthiness for new title issuance.

State General Funds

$0

$0

$0

$0

506.100-Motor Vehicle Registration and Titling

Appropriation (HB 119)

The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-

worthiness for new title issuance.

TOTAL STATE FUNDS

$10,211,920 $10,052,116

$9,838,404 $12,940,916

State General Funds

$10,211,920 $10,052,116

$9,838,404 $12,940,916

TOTAL AGENCY FUNDS

$3,695,700

$3,695,700

$3,695,700

$800,000

Reserved Fund Balances

$2,895,700

$2,895,700

$2,895,700

Reserved Fund Balances Not Itemized

$2,895,700

$2,895,700

$2,895,700

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

$13,907,620 $13,747,816 $13,534,104 $13,740,916

Section 40: 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

$40,504,390 $40,504,390 $1,939,894
$50,000 $1,889,894 $42,444,284

$40,504,390 $40,504,390 $1,939,894
$50,000 $1,889,894 $42,444,284

$40,504,390 $40,504,390
$1,939,894 $50,000
$1,889,894 $42,444,284

$40,504,390 $40,504,390 $1,939,894
$50,000 $1,889,894 $42,444,284

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$34,183,770 $33,654,027

$34,183,770 $33,654,027

$1,939,894

$1,939,894

$50,000

$50,000

$1,889,894

$1,889,894

$36,123,664 $35,593,921

$32,561,443 $32,561,443 $1,939,894
$50,000 $1,889,894 $34,501,337

$34,255,872 $34,255,872 $1,939,894
$50,000 $1,889,894 $36,195,766

4700

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Record Center Storage Fees Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

331.1 Defer the FY09 cost of living adjustment.

State General Funds

($40,420)

($40,420)

($40,420)

($40,420)

331.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($94,514)

($117,062)

($101,158)

$0

331.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($33,427)

($33,427)

($33,427)

($33,427)

331.4 Reduce funds from program-wide operating expenses based on streamlined service delivery.

State General Funds

($316,409)

($316,409)

($316,409)

($316,409)

331.5 Reduce funds by eliminating nineteen positions to reflect the reorganization.

State General Funds

($560,319)

($560,319)

($560,319)

($560,319)

331.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($67,561)

($67,561)

($67,561)

331.7 Reduce funds from the Georgia Historical Society ($8,000) and transfer remaining funds to the Department of Economic Development Tourism program ($90,000).

State General Funds

($98,000)

331.98 Transfer all funds and activities from the Capitol Tours program. (H:Reduce funds from Capitol Tours)

State General Funds

$168,558

$168,558

$0

$168,558

331.99 SAC: The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center.

WEDNESDAY, APRIL 1, 2009

4701

State General Funds

$0

331.100-Archives and Records

Appropriation (HB 119)

The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist

State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their

non-current records to the State Records Center.

TOTAL STATE FUNDS

$5,486,884

$5,396,775

$5,244,121

$5,415,837

State General Funds

$5,486,884

$5,396,775

$5,244,121

$5,415,837

TOTAL AGENCY FUNDS

$532,671

$532,671

$532,671

$532,671

Sales and Services

$532,671

$532,671

$532,671

$532,671

Record Center Storage Fees

$435,771

$435,771

$435,771

$435,771

Sales and Services Not Itemized

$96,900

$96,900

$96,900

$96,900

TOTAL PUBLIC FUNDS

$6,019,555

$5,929,446

$5,776,792

$5,948,508

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

$168,558 $168,558 $168,558

$168,558 $168,558 $168,558

$168,558 $168,558 $168,558

$168,558 $168,558 $168,558

332.98 Transfer all funds and activities to the Archives and Records program. State General Funds

($168,558)

($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

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

333.1 Defer the FY09 cost of living adjustment.

State General Funds

($19,261)

($19,261)

($19,261)

($19,261)

333.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

4702

JOURNAL OF THE HOUSE

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($44,920)

($55,636)

($48,077)

$0

333.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($22,757)

($22,757)

($22,757)

($22,757)

333.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($22,359)

($22,359)

($22,359)

333.100 -Corporations

Appropriation (HB 119)

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

$1,252,585

$1,219,510

$1,227,069

$1,275,146

State General Funds

$1,252,585

$1,219,510

$1,227,069

$1,275,146

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

$1,992,097

$1,959,022

$1,966,581

$2,014,658

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

$6,029,562 $6,029,562
$340,133 $340,133 $340,133 $6,369,695

$6,029,562 $6,029,562
$340,133 $340,133 $340,133 $6,369,695

$6,029,562 $6,029,562
$340,133 $340,133 $340,133 $6,369,695

$6,029,562 $6,029,562
$340,133 $340,133 $340,133 $6,369,695

334.1 Defer the FY09 cost of living adjustment.

State General Funds

($20,845)

($20,845)

($20,845)

($20,845)

334.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($48,746)

($60,375)

($52,173)

$0

WEDNESDAY, APRIL 1, 2009

4703

334.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($306,852)

($306,852)

($306,852)

($306,852)

334.4 Reduce one-time funds received in HB990 (FY09G) for voter ID education and online training for local election officials.

State General Funds

($520,000)

($520,000)

($520,000)

($520,000)

334.5 Reduce one-time funds received in HB990 (FY09G) for voting machine technicians to support the 2008 election cycle.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

334.6 Reduce funds to reflect savings from utilizing existing supplies of voter registration applications, outsourcing printing precinct cards, and publishing the Official Directory of Elected Officials online.

State General Funds

($78,740)

($78,740)

($78,740)

($78,740)

334.7 Reduce funds to reflect savings from the consolidation of mail routes.

State General Funds

($3,000)

($3,000)

($3,000)

($3,000)

334.8 Reduce funds from the contract with Kennesaw State University for election machine testing and certification.

State General Funds

($29,403)

($29,403)

($29,403)

($29,403)

334.9 Transfer funds from the Office Administration program to maintain Maintenance of Effort levels as required by the Help America Vote Act.

State General Funds

$50,000

334.100 -Elections

Appropriation (HB 119)

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

$4,621,976

$4,610,347

$4,618,549

$4,720,722

State General Funds

$4,621,976

$4,610,347

$4,618,549

$4,720,722

TOTAL AGENCY FUNDS

$340,133

$340,133

$340,133

$340,133

Sales and Services

$340,133

$340,133

$340,133

$340,133

Sales and Services Not Itemized

$340,133

$340,133

$340,133

$340,133

TOTAL PUBLIC FUNDS

$4,962,109

$4,950,480

$4,958,682

$5,060,855

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

$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

4704

JOURNAL OF THE HOUSE

335.1 Defer the FY09 cost of living adjustment.

State General Funds

($88,686)

($88,686)

($88,686)

($88,686)

335.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($207,376)

($263,739)

($227,908)

$0

335.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($58,728)

($58,728)

($58,728)

($58,728)

335.4 Reduce funds from personnel.

State General Funds

($301,156)

($301,156)

($301,156)

($301,156)

335.5 Reduce funds from temporary positions and eliminate one vacant full-time position.

State General Funds

($501,781)

($501,781)

($501,781)

($501,781)

335.6 Reduce funds for the Martin Luther King, Jr. holiday celebration based on prior year expenditures.

State General Funds

($5,000)

($5,000)

($5,000)

($5,000)

335.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($83,244)

($83,244)

($83,244)

335.8 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($10,475)

($10,475)

335.9 Reduce funds from operations. (S:Transfer funds ($50,000) to the Elections program to maintain Maintenance of Effort levels as required by the Help America Vote Act)

State General Funds

($185,813)

($235,813)

335.100-Office Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

TOTAL STATE FUNDS

$7,289,300

$7,149,693

$6,989,236

State General Funds

$7,289,300

$7,149,693

$6,989,236

TOTAL AGENCY FUNDS

$127,578

$127,578

$127,578

Sales and Services

$127,578

$127,578

$127,578

Sales and Services Not Itemized

$127,578

$127,578

$127,578

TOTAL PUBLIC FUNDS

$7,416,878

$7,277,271

$7,116,814

$7,167,144 $7,167,144
$127,578 $127,578 $127,578 $7,294,722

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.

WEDNESDAY, APRIL 1, 2009

4705

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

336.1 Defer the FY09 cost of living adjustment.

State General Funds

($74,484)

($74,484)

($74,484)

($74,484)

336.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($174,286)

($215,864)

($186,537)

$0

336.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($58,728)

($58,728)

($58,728)

($58,728)

336.4 Reduce funds by eliminating eighteen positions to reflect staff reorganization.

State General Funds

($814,218)

($814,218)

($814,218)

($814,218)

336.5 Reduce funds for exam proctors and from contracts related to direct exam expenses.

State General Funds

($138,141)

($138,141)

($138,141)

($138,141)

336.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($85,814)

($85,814)

($85,814)

336.100-Professional Licensing Boards

Appropriation (HB 119)

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

$7,495,875

$7,368,483

$7,397,810

$7,584,347

State General Funds

$7,495,875

$7,368,483

$7,397,810

$7,584,347

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

$7,645,875

$7,518,483

$7,547,810

$7,734,347

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.

4706

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

337.1 Defer the FY09 cost of living adjustment.

State General Funds

($22,507)

($22,507)

($22,507)

($22,507)

337.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($52,628)

($65,183)

($56,327)

$0

337.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($7,608)

($7,608)

($7,608)

($7,608)

337.4 Reduce funds by not filling three vacant positions.

State General Funds

($205,463)

($205,463)

($205,463)

($205,463)

337.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($18,236)

($18,236)

($18,236)

337.99 SAC: The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act, and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions.

State General Funds

$0

337.100 -Securities

Appropriation (HB 119)

The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act,

and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions.

TOTAL STATE FUNDS

$1,574,777

$1,543,986

$1,552,842

$1,609,169

State General Funds

$1,574,777

$1,543,986

$1,552,842

$1,609,169

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

$1,624,777

$1,593,986

$1,602,842

$1,659,169

WEDNESDAY, APRIL 1, 2009

4707

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

$364,819 $364,819 $364,819

$364,819 $364,819 $364,819

$364,819 $364,819 $364,819

$364,819 $364,819 $364,819

338.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,173)

($3,173)

($3,173)

($3,173)

338.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($7,105)

($11,065)

($9,561)

$0

338.3 Reduce funds for part-time exhibit coordinators.

State General Funds

($20,600)

($20,600)

($20,600)

($20,600)

338.4 Reduce funds from consulting fees for teacher training provided statewide.

State General Funds

($6,815)

($6,815)

($6,815)

($6,815)

338.5 Reduce funds from operations.

State General Funds

($8,039)

($8,039)

($8,039)

($8,039)

338.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,191)

($3,191)

($3,191)

338.100-Commission on the Holocaust, Georgia

Appropriation (HB 119)

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

$319,087

$311,936

$313,440

$323,001

State General Funds

$319,087

$311,936

$313,440

$323,001

TOTAL PUBLIC FUNDS

$319,087

$311,936

$313,440

$323,001

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

$1,713,440 $1,713,440 $1,713,440

$1,713,440 $1,713,440 $1,713,440

$1,713,440 $1,713,440 $1,713,440

$1,713,440 $1,713,440 $1,713,440

4708

JOURNAL OF THE HOUSE

339.1 Defer the FY09 cost of living adjustment.

State General Funds

($16,416)

($16,416)

($16,416)

($16,416)

339.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($167)

($167)

($167)

($167)

339.3 Defer special adjustments to selected job classes.

State General Funds

($38,044)

($38,044)

($38,044)

($38,044)

339.4 Defer the special pay raise received in HB990 (FY09G) for compliance investigators to address retention and compression issues.

State General Funds

($175,000)

($175,000)

($175,000)

($175,000)

339.5

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($44,997)

($54,055)

($46,711)

$0

339.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$7,032

$7,032

$7,032

$7,032

339.7 Reduce funds and defer hiring two compliance investigator positions.

State General Funds

($115,105)

($115,105)

($115,105)

($115,105)

339.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($13,307)

($13,307)

($13,307)

339.99 SAC: The purpose of this appropriation is to provide enforcement and oversee all laws and regulations pertaining to controlled substances and dangerous drugs, and to ensure only licensed facilities or persons dispense or distribute pharmaceuticals.

State General Funds

$0

339.100-Drugs and Narcotics Agency, Georgia

Appropriation (HB 119)

The purpose of this appropriation is to provide enforcement and oversee all laws and regulations pertaining to controlled substances and dangerous drugs, and

to ensure only licensed facilities or persons dispense or distribute pharmaceuticals.

TOTAL STATE FUNDS

$1,330,743

$1,308,378

$1,315,722

$1,362,433

State General Funds

$1,330,743

$1,308,378

$1,315,722

$1,362,433

TOTAL PUBLIC FUNDS

$1,330,743

$1,308,378

$1,315,722

$1,362,433

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.

WEDNESDAY, APRIL 1, 2009

4709

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,671,540 $3,671,540 $3,671,540

$3,671,540 $3,671,540 $3,671,540

$3,671,540 $3,671,540 $3,671,540

$3,671,540 $3,671,540 $3,671,540

340.1 Defer the FY09 cost of living adjustment.

State General Funds

($29,238)

($29,238)

($29,238)

($29,238)

340.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($94)

($94)

($94)

($94)

340.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($68,101)

($53,850)

($68,034)

$0

340.4 Reduce funds by eliminating one vacant investigator and one vacant investigative support position. (H and S:Reduce funds added in FY08 and FY09 for three additional positions)

State General Funds

($70,000)

($70,000)

($149,426)

($149,426)

340.5 Eliminate funds received in HB990 (FY09G) for the State Licensing Board of Home Inspectors per HB1217 (2008 Session) that failed to pass.

State General Funds

($130,000)

($130,000)

($130,000)

($130,000)

340.6 Reduce funds designated to purchase vehicles, eliminate the use of printed transcripts for commission meetings, increase the frequency of teleconference meetings, and realize operational efficiencies through reduced administration hearings.

State General Funds

($109,646)

($109,646)

($109,646)

($109,646)

340.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($32,645)

($32,645)

($32,645)

340.99 SAC: The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

State General Funds

$0

340.100-Real Estate Commission

Appropriation (HB 119)

The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia

Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

TOTAL STATE FUNDS

$3,264,461

$3,246,067

$3,152,457

$3,220,491

State General Funds

$3,264,461

$3,246,067

$3,152,457

$3,220,491

TOTAL PUBLIC FUNDS

$3,264,461

$3,246,067

$3,152,457

$3,220,491

4710

JOURNAL OF THE HOUSE

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

$1,782,791 $1,782,791 $1,782,791

$1,782,791 $1,782,791 $1,782,791

$1,782,791 $1,782,791 $1,782,791

$1,782,791 $1,782,791 $1,782,791

341.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,719)

($17,719)

($17,719)

($17,719)

341.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($44,981)

($78,730)

($46,534)

$0

341.3 Reduce funds from operations.

State General Funds

($172,009)

($172,009)

$0

($172,009)

341.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,481)

($15,481)

($15,481)

341.5 Reduce funds provided in HB1027 (FY07G) to improve filing through automation, and recognize an additional reduction in funds as a result of the savings to the state attained through automation.

State General Funds

($1,030,501)

$0

341.6 Increase funds to pay the Georgia Building Authority for past due rent dating back to March 2008 in order to avoid further penalties for delinquency.

State General Funds

$77,641

$0

341.100-State Ethics Commission

Appropriation (HB 119)

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

$1,548,082

$1,498,852

$750,197

$1,577,582

State General Funds

$1,548,082

$1,498,852

$750,197

$1,577,582

TOTAL PUBLIC FUNDS

$1,548,082

$1,498,852

$750,197

$1,577,582

Section 41: Soil and Water Conservation Commission
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

Section Total - Continuation

$3,572,839 $3,572,839 $1,717,500

$3,572,839 $3,572,839 $1,717,500

$3,572,839 $3,572,839 $1,717,500

$3,572,839 $3,572,839 $1,717,500

WEDNESDAY, APRIL 1, 2009

4711

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Intergovernmental Transfers TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS

$1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931

$1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931

$1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931

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

$3,166,386

$3,104,345

$3,166,386

$3,104,345

$1,717,500

$1,717,500

$1,717,500

$1,717,500

$2,401,971

$2,401,971

$2,401,971

$2,401,971

$1,449,621

$1,449,621

$230,000

$230,000

$1,219,621

$1,219,621

$8,735,478

$8,673,437

$3,115,030 $3,115,030 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $8,684,122

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

$744,561 $744,561 $744,561

$744,561 $744,561 $744,561

$744,561 $744,561 $744,561

$1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931
$3,185,293 $3,185,293 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $8,754,385
$744,561 $744,561 $744,561

342.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,499)

($3,499)

($3,499)

($3,499)

342.2 Defer special adjustments to selected job classes.

State General Funds

($7,269)

($7,269)

($7,269)

($7,269)

342.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($14,090)

($22,501)

($19,444)

$0

342.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($1,262)

($1,262)

($1,262)

($1,262)

4712

JOURNAL OF THE HOUSE

342.5 Reduce funds to reflect the revised revenue estimate. State General Funds 342.6 Reduce merit system assessments from $147 to $137 per position. State General Funds

($7,588)

$0 ($362)

342.100-Commission Administration

Appropriation (HB 119)

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS

$718,441

$702,442

$712,725

State General Funds

$718,441

$702,442

$712,725

TOTAL PUBLIC FUNDS

$718,441

$702,442

$712,725

Conservation of Agricultural Water Supplies

Continuation Budget

The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271

$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271

$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271

$0
($362)
$732,169 $732,169 $732,169
$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971 $2,351,971 $4,139,271

343.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,954)

($1,954)

($1,954)

($1,954)

343.2 Defer special adjustments to selected job classes.

State General Funds

($4,060)

($4,060)

($4,060)

($4,060)

343.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($6,018)

($9,606)

($8,301)

$0

343.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($559)

($559)

($559)

($559)

343.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,271)

$0

$0

WEDNESDAY, APRIL 1, 2009

4713

343.99 SAC: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments.

State General Funds

$0

343.100-Conservation of Agricultural Water Supplies

Appropriation (HB 119)

The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation

systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds

to construct and renovate agricultural water catchments.

TOTAL STATE FUNDS

$309,709

$302,850

$307,426

$315,727

State General Funds

$309,709

$302,850

$307,426

$315,727

TOTAL FEDERAL FUNDS

$1,465,000

$1,465,000

$1,465,000

$1,465,000

Federal Funds Not Itemized

$1,465,000

$1,465,000

$1,465,000

$1,465,000

TOTAL AGENCY FUNDS

$2,351,971

$2,351,971

$2,351,971

$2,351,971

Intergovernmental Transfers

$2,351,971

$2,351,971

$2,351,971

$2,351,971

Intergovernmental Transfers Not Itemized

$2,351,971

$2,351,971

$2,351,971

$2,351,971

TOTAL PUBLIC FUNDS

$4,126,680

$4,119,821

$4,124,397

$4,132,698

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

$1,656,609 $1,656,609
$252,500 $252,500
$50,000 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

$1,656,609 $1,656,609
$252,500 $252,500
$50,000 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

$1,656,609 $1,656,609
$252,500 $252,500
$50,000 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

$1,656,609 $1,656,609
$252,500 $252,500 $50,000
$50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

344.1 Defer the FY09 cost of living adjustment. State General Funds 344.2 Defer special adjustments to selected job classes.

($14,216)

($14,216)

($14,216)

($14,216)

4714

JOURNAL OF THE HOUSE

State General Funds

($29,533)

($29,533)

($29,533)

($29,533)

344.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($30,284)

($48,339)

($41,772)

$0

344.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($1,226)

($1,226)

($1,226)

($1,226)

344.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($16,701)

($31,664)

($31,664)

344.99

SAC: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts.

State General Funds

$0

344.100-Conservation of Soil and Water Resources

Appropriation (HB 119)

The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and

other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation

control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and

sedimentation control plans for soil and water conservation districts.

TOTAL STATE FUNDS

$1,581,350

$1,546,594

$1,538,198

$1,579,970

State General Funds

$1,581,350

$1,546,594

$1,538,198

$1,579,970

TOTAL FEDERAL FUNDS

$252,500

$252,500

$252,500

$252,500

Federal Funds Not Itemized

$252,500

$252,500

$252,500

$252,500

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

$50,000

Intergovernmental Transfers

$50,000

$50,000

$50,000

$50,000

Intergovernmental Transfers Not Itemized

$50,000

$50,000

$50,000

$50,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,449,621

$1,449,621

$1,449,621

$1,449,621

State Funds Transfers

$230,000

$230,000

$230,000

$230,000

Agency to Agency Contracts

$230,000

$230,000

$230,000

$230,000

Federal Funds Transfers

$1,219,621

$1,219,621

$1,219,621

$1,219,621

FF Water Quality Management Planning CFDA66.454

$1,219,621

$1,219,621

$1,219,621

$1,219,621

TOTAL PUBLIC FUNDS

$3,333,471

$3,298,715

$3,290,319

$3,332,091

WEDNESDAY, APRIL 1, 2009

4715

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

$98,810 $98,810 $98,810

$98,810 $98,810 $98,810

$98,810 $98,810 $98,810

$98,810 $98,810 $98,810

345.1

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($451)

($720)

($622)

$0

345.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($21)

($21)

($21)

($21)

345.3 Transfer funds from the Water Resources and Land Use Planning program to bring high risk dam structures into compliance with Georgia's Safe Dams Act.

State General Funds

$70,000

$70,000

$70,000

$70,000

345.99 SAC: The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act.

State General Funds

$0

345.100-U.S.D.A. Flood Control Watershed Structures

Appropriation (HB 119)

The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state

Safe Dams Act.

TOTAL STATE FUNDS

$168,338

$168,069

$168,167

$168,789

State General Funds

$168,338

$168,069

$168,167

$168,789

TOTAL PUBLIC FUNDS

$168,338

$168,069

$168,167

$168,789

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

$750,559 $750,559 $750,559

$750,559 $750,559 $750,559

$750,559 $750,559 $750,559

$750,559 $750,559 $750,559

346.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

4716

JOURNAL OF THE HOUSE

Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($90)

($144)

($124)

$0

346.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($11)

($11)

($11)

($11)

346.3 Reduce funds from contracts.

State General Funds

($271,910)

($271,910)

($271,910)

($271,910)

346.4 Transfer funds to the U.S.D.A. Flood Control Watershed Structures program to bring high risk dam structures into compliance with Georgia's Safe Dams Act.

State General Funds

($70,000)

($70,000)

($70,000)

($70,000)

346.5 Reduce funds from personnel.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

346.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,104)

$0

$0

346.99 SAC: The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control.

State General Funds

$0

346.100-Water Resources and Land Use Planning

Appropriation (HB 119)

The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control.

TOTAL STATE FUNDS

$388,548

$384,390

$388,514

State General Funds

$388,548

$384,390

$388,514

TOTAL PUBLIC FUNDS

$388,548

$384,390

$388,514

$388,638 $388,638 $388,638

Section 42: 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

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770

Section Total - Final

WEDNESDAY, APRIL 1, 2009

4717

TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$1,373,192 $1,186,583
$10,346 $176,263 $11,022,499 $11,022,499 $12,395,691

$1,373,192 $1,186,583
$10,346 $176,263 $11,022,499 $11,022,499 $12,395,691

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 $1,293,708 $1,293,708 $1,293,708 $1,293,708

$0 $1,293,708 $1,293,708 $1,293,708 $1,293,708

$1,373,192 $1,186,583
$10,346 $176,263 $9,947,607 $9,947,607 $11,320,799
$0 $1,293,708 $1,293,708 $1,293,708 $1,293,708

$1,373,192 $1,186,583
$10,346 $176,263 $9,947,607 $9,947,607 $11,320,799
$0 $1,293,708 $1,293,708 $1,293,708 $1,293,708

347.1 Defer the FY09 cost of living adjustment.

Merit System Assessments

($12,939)

($12,939)

($12,939)

($12,939)

347.2 Reduce merit system assessments from $147 to $137 per position.

Merit System Assessments

($107,489)

($107,489)

347.99

SAC: The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council workshops, strategic recruitment planning, and consultation services to help attract the right people with the right mix of skills, abilities, interests, and job match to meet state agencies' specific needs. House: The purpose of this appropriation is to provide a central point of contact for the general public seeking employment with the state. Gov Rev: The purpose of this appropriation is to provide a central point of contact for the general public seeking employment with the state. Governor: The purpose of this appropriation is to provide a central point of contact for the general public seeking employment with the state.

Merit System Assessments

$0

$0

$0

$0

347.100-Recruitment and Staffing Services

Appropriation (HB 119)

The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council workshops, strategic recruitment planning,

and consultation services to help attract the right people with the right mix of skills, abilities, interests, and job match to meet state agencies' specific needs.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,280,769

$1,280,769

$1,173,280

$1,173,280

State Funds Transfers

$1,280,769

$1,280,769

$1,173,280

$1,173,280

Merit System Assessments

$1,280,769

$1,280,769

$1,173,280

$1,173,280

TOTAL PUBLIC FUNDS

$1,280,769

$1,280,769

$1,173,280

$1,173,280

4718

JOURNAL OF THE HOUSE

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 $4,291,639 $4,291,639 $4,291,639 $4,393,910

$0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910

$0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910

$0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910

348.1 Defer the FY09 cost of living adjustment.

Merit System Assessments

($116,184)

348.2 Reduce funds from the E-Recruitment program and submit payment to the State Treasury.

Merit System Assessments

($1,398,877)

348.3 Reduce merit system assessments from $147 to $137 per position.

Merit System Assessments

($116,184) ($1,398,877)

($116,184) ($1,398,877)
($257,974)

348.100-System Administration

Appropriation (HB 119)

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

$2,776,578

$2,776,578

$2,518,604

State Funds Transfers

$2,776,578

$2,776,578

$2,518,604

Merit System Assessments

$2,776,578

$2,776,578

$2,518,604

TOTAL PUBLIC FUNDS

$2,878,849

$2,878,849

$2,620,875

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 State General 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
$1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263

$0
$1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263

$0
$1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263

($116,184)
($1,398,877)
($257,974)
$102,271 $102,271 $102,271 $2,518,604 $2,518,604 $2,518,604 $2,620,875
$0 $0 $1,270,921 $1,084,312 $1,084,312 $10,346 $10,346 $176,263

WEDNESDAY, APRIL 1, 2009

4719

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 $3,116,747 $3,116,747 $3,088,908
$27,839 $4,387,668

$176,263 $3,116,747 $3,116,747 $3,088,908
$27,839 $4,387,668

$176,263 $3,116,747 $3,116,747 $3,088,908
$27,839 $4,387,668

$176,263 $3,116,747 $3,116,747 $3,088,908
$27,839 $4,387,668

349.1 Defer the FY09 cost of living adjustment. Merit System Assessments 349.2 Reduce merit system assessments from $147 to $137 per position. Merit System Assessments

($27,278)

($27,278)

($27,278) ($376,212)

($27,278) ($376,212)

349.100-Total Compensation and Rewards

Appropriation (HB 119)

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

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,089,469

$3,089,469

$2,713,257

State Funds Transfers

$3,089,469

$3,089,469

$2,713,257

Merit System Assessments

$3,061,630

$3,061,630

$2,685,418

Merit System Training and Compensation Fees

$27,839

$27,839

$27,839

TOTAL PUBLIC FUNDS

$4,360,390

$4,360,390

$3,984,178

$1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263 $176,263 $2,713,257 $2,713,257 $2,685,418 $27,839 $3,984,178

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 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

$0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

$0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

$0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

350.1 Defer the FY09 cost of living adjustment.

4720

JOURNAL OF THE HOUSE

Merit System Assessments

($37,801)

($37,801)

($37,801)

($37,801)

350.2 Reduce merit system assessments from $147 to $137 per position.

Merit System Assessments

($333,217)

($333,217)

350.99 SAC: The purpose of this appropriation is to assist state agencies with recruiting, hiring and retaining employees, and to provide training opportunities and assessments of job-related skills to assist employees in their career development.

State General Funds

$0

350.100-Workforce Development and Alignment

Appropriation (HB 119)

The purpose of this appropriation is to assist state agencies with recruiting, hiring and retaining employees, and to provide training opportunities and

assessments of job-related skills to assist employees in their career development.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,875,683

$3,875,683

$3,542,466

$3,542,466

State Funds Transfers

$3,875,683

$3,875,683

$3,542,466

$3,542,466

Merit System Assessments

$3,570,092

$3,570,092

$3,236,875

$3,236,875

Merit System Training and Compensation Fees

$305,591

$305,591

$305,591

$305,591

TOTAL PUBLIC FUNDS

$3,875,683

$3,875,683

$3,542,466

$3,542,466

The Department is authorized to assess no more than $137.00 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 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

$576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493
$589,784,634

$576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634

$576,791,488 $31,553,893 $545,237,595
$520,653 $520,653 $12,472,493 $12,472,493 $589,784,634

$576,791,488 $31,553,893 $545,237,595
$520,653 $520,653 $12,472,493 $12,472,493 $589,784,634

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final

$625,967,320 $625,914,944

$37,580,534 $37,528,158

$588,386,786 $588,386,786

$520,653

$520,653

$520,653

$520,653

$626,487,973 $626,435,597

$626,063,587 $37,676,801 $588,386,786
$520,653 $520,653 $626,584,240

$626,193,024 $37,699,977 $588,493,047
$520,653 $520,653 $626,713,677

WEDNESDAY, APRIL 1, 2009

4721

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

$4,200,000 $4,200,000 $4,200,000

$4,200,000 $4,200,000 $4,200,000

$4,200,000 $4,200,000 $4,200,000

$4,200,000 $4,200,000 $4,200,000

351.1 Increase funds to meet projected need. Lottery Proceeds

$300,000

$300,000

$300,000

$300,000

351.100 -Accel

Appropriation (HB 119)

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

$4,500,000

$4,500,000

$4,500,000

$4,500,000

Lottery Proceeds

$4,500,000

$4,500,000

$4,500,000

$4,500,000

TOTAL PUBLIC FUNDS

$4,500,000

$4,500,000

$4,500,000

$4,500,000

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

$710,000 $0
$710,000 $710,000

$710,000 $0
$710,000 $710,000

$710,000 $0
$710,000 $710,000

$710,000 $0
$710,000 $710,000

352.100-Engineer Scholarship

Appropriation (HB 119)

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

$710,000

$710,000

$710,000

$710,000

Lottery Proceeds

$710,000

$710,000

$710,000

$710,000

TOTAL PUBLIC FUNDS

$710,000

$710,000

$710,000

$710,000

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

4722

JOURNAL OF THE HOUSE

353.100-Georgia Military College Scholarship

Appropriation (HB 119)

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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

354.1 Eliminate funds.
State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

($1,629,200) ($400,000)
($2,029,200)

($1,629,200) ($400,000)
($2,029,200)

($1,629,200) ($400,000)
($2,029,200)

($1,629,200) ($400,000)
($2,029,200)

Guaranteed Educational Loans

Continuation Budget

The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as nursing, physical

therapy and pharmacy.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,599,883 $3,599,883 $3,599,883

$3,599,883 $3,599,883 $3,599,883

$3,599,883 $3,599,883 $3,599,883

$3,599,883 $3,599,883 $3,599,883

355.1 Reduce funds to meet projected need. State General Funds

($410,000)

($410,000)

($410,000)

($410,000)

355.100-Guaranteed Educational Loans

Appropriation (HB 119)

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

$3,189,883

$3,189,883

$3,189,883

$3,189,883

State General Funds

$3,189,883

$3,189,883

$3,189,883

$3,189,883

TOTAL PUBLIC FUNDS

$3,189,883

$3,189,883

$3,189,883

$3,189,883

WEDNESDAY, APRIL 1, 2009

4723

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

356.1 Increase funds to meet projected need and reflect the loss of prior-year reserves.

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$600,000 ($718,000) ($118,000)

$600,000 ($718,000) ($118,000)

$600,000 ($718,000) ($118,000)

$600,000 ($718,000) ($118,000)

356.99

SAC: 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 spouses and children of such members. House: 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 spouses and children of such members. Gov Rev: 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 spouses and children of such members. Governor: 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 spouses and children of such members.

State General Funds

$0

$0

$0

$0

356.100-HERO Scholarship

Appropriation (HB 119)

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 spouses and children of such members.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

$800,000

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

$5,488,608 $0
$5,488,608 $500,000

$5,488,608 $0
$5,488,608 $500,000

$5,488,608 $0
$5,488,608 $500,000

$5,488,608 $0
$5,488,608 $500,000

4724

JOURNAL OF THE HOUSE

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$500,000 $500,000 $5,988,608

$500,000 $500,000 $5,988,608

$500,000 $500,000 $5,988,608

$500,000 $500,000 $5,988,608

357.1 Defer the FY09 cost of living adjustment.

Lottery Proceeds

($60,332)

($60,332)

($60,332)

($60,332)

357.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

Lottery Proceeds

($106,261)

($106,261)

($106,261)

$0

357.3 Reduce funds.

Intergovernmental Transfers Not Itemized

($500,000)

($500,000)

($500,000)

($500,000)

357.100-HOPE Administration

Appropriation (HB 119)

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

$5,322,015

$5,322,015

$5,322,015

$5,428,276

Lottery Proceeds

$5,322,015

$5,322,015

$5,322,015

$5,428,276

TOTAL PUBLIC FUNDS

$5,322,015

$5,322,015

$5,322,015

$5,428,276

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 State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS

$2,461,614 $0
$2,461,614 $2,461,614

$2,461,614 $0
$2,461,614 $2,461,614

$2,461,614 $0
$2,461,614 $2,461,614

$2,461,614 $0
$2,461,614 $2,461,614

358.1 Reduce funds to meet projected need.

Lottery Proceeds

($104,960)

($104,960)

($104,960)

($104,960)

358.99

SAC: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. House: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. Gov Rev: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia.

WEDNESDAY, APRIL 1, 2009

4725

Governor: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia.

State General Funds

$0

$0

$0

$0

358.100-HOPE GED

Appropriation (HB 119)

The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the

Technical College System of Georgia.

TOTAL STATE FUNDS

$2,356,654

$2,356,654

$2,356,654

$2,356,654

Lottery Proceeds

$2,356,654

$2,356,654

$2,356,654

$2,356,654

TOTAL PUBLIC FUNDS

$2,356,654

$2,356,654

$2,356,654

$2,356,654

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

$113,251,243 $113,251,243 $113,251,243

$113,251,243 $113,251,243 $113,251,243

$113,251,243 $113,251,243 $113,251,243

$113,251,243 $113,251,243 $113,251,243

359.1 Increase funds to meet projected need. Lottery Proceeds

$17,189,516 $17,189,516 $17,189,516 $17,189,516

359.100-HOPE Grant

Appropriation (HB 119)

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

$130,440,759 $130,440,759 $130,440,759 $130,440,759

Lottery Proceeds

$130,440,759 $130,440,759 $130,440,759 $130,440,759

TOTAL PUBLIC FUNDS

$130,440,759 $130,440,759 $130,440,759 $130,440,759

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

$52,177,437 $52,177,437 $52,177,437

$52,177,437 $52,177,437 $52,177,437

$52,177,437 $52,177,437 $52,177,437

$52,177,437 $52,177,437 $52,177,437

360.1 Reduce funds to meet projected need. Lottery Proceeds

($9,854,343) ($9,854,343) ($9,854,343) ($9,854,343)

4726

JOURNAL OF THE HOUSE

360.100-HOPE Scholarships - Private Schools

Appropriation (HB 119)

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

$42,323,094 $42,323,094 $42,323,094 $42,323,094

Lottery Proceeds

$42,323,094 $42,323,094 $42,323,094 $42,323,094

TOTAL PUBLIC FUNDS

$42,323,094 $42,323,094 $42,323,094 $42,323,094

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

$354,276,159 $354,276,159 $354,276,159

$354,276,159 $354,276,159 $354,276,159

$354,276,159 $354,276,159 $354,276,159

$354,276,159 $354,276,159 $354,276,159

361.1 Increase funds to meet projected need. Lottery Proceeds

$35,785,571 $35,785,571 $35,785,571 $35,785,571

361.100-HOPE Scholarships - Public Schools

Appropriation (HB 119)

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

$390,061,730 $390,061,730 $390,061,730 $390,061,730

Lottery Proceeds

$390,061,730 $390,061,730 $390,061,730 $390,061,730

TOTAL PUBLIC FUNDS

$390,061,730 $390,061,730 $390,061,730 $390,061,730

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 119)

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

WEDNESDAY, APRIL 1, 2009

4727

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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

363.1 Increase funds to meet projected need and reflect the loss of prior-year reserves.

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$200,000 ($200,000)
$0

$200,000 ($200,000)
$0

$200,000 ($200,000)
$0

$200,000 ($200,000)
$0

363.100-Leveraging Educational Assistance Partnership Program

Appropriation (HB 119)

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

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

364.1 Increase funds to meet projected need. State General Funds

$818,849

$818,849

$818,849

$818,849

364.100-North Georgia Military Scholarship Grants

Appropriation (HB 119)

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.

4728

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,502,800 $1,502,800 $1,502,800

$1,502,800 $1,502,800 $1,502,800

$1,502,800 $1,502,800 $1,502,800

$1,502,800 $1,502,800 $1,502,800

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

$507,479 $507,479 $507,479

$507,479 $507,479 $507,479

$507,479 $507,479 $507,479

$507,479 $507,479 $507,479

365.1 Increase funds to meet projected need. State General Funds

$145,000

$145,000

365.100-North Georgia ROTC Grants

Appropriation (HB 119)

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

$507,479

$507,479

$652,479

$652,479

State General Funds

$507,479

$507,479

$652,479

$652,479

TOTAL PUBLIC FUNDS

$507,479

$507,479

$652,479

$652,479

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 119)

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

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.

WEDNESDAY, APRIL 1, 2009

4729

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 119)

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 State General 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 $0
$5,332,698 $5,332,698

368.99 SAC: The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages.

State General Funds

$0

368.100-Teacher Scholarship

Appropriation (HB 119)

The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages.

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

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

4730

JOURNAL OF THE HOUSE

369.1 Increase funds and the award amount from $850 to $1,100. State General Funds 369.2 Reduce funds reflect the loss of prior-year reserves. Intergovernmental Transfers Not Itemized 369.3 Reduce funds to reflect the revised revenue estimate. State General Funds

$6,500,000

$6,500,000

$6,500,000

$6,500,000

($10,654,493) ($10,654,493) ($10,654,493) ($10,654,493)

($46,608)

($46,608)

($46,608)

369.100-Tuition Equalization Grants

Appropriation (HB 119)

The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents

who attend eligible private post-secondary institutions.

TOTAL STATE FUNDS

$29,811,802 $29,765,194 $29,765,194 $29,765,194

State General Funds

$29,811,802 $29,765,194 $29,765,194 $29,765,194

TOTAL PUBLIC FUNDS

$29,811,802 $29,765,194 $29,765,194 $29,765,194

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

$803,910 $803,910 $803,910

$803,910 $803,910 $803,910

$803,910 $803,910 $803,910

$803,910 $803,910 $803,910

370.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,538)

($8,538)

($8,538)

($8,538)

370.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($21,051)

($26,819)

($23,176)

$0

370.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($3,419)

($3,419)

($3,419)

($3,419)

370.4 Reduce funds from operations.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

370.100-Nonpublic Postsecondary Education Commission

Appropriation (HB 119)

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.

WEDNESDAY, APRIL 1, 2009

4731

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$750,902 $750,902 $750,902

$745,134 $745,134 $745,134

$748,777 $748,777 $748,777

$771,953 $771,953 $771,953

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

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796 $26,236,796 $28,208,277

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796 $26,236,796 $28,208,277

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796 $26,236,796 $28,208,277

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796 $26,236,796 $28,208,277

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

$1,129,000

$1,129,000

$1,129,000

$1,129,000

$448,481

$448,481

$448,481

$448,481

$25,903,706 $25,903,706

$25,903,706 $25,903,706

$27,481,187 $27,481,187

$1,129,000 $1,129,000
$448,481 $448,481 $25,903,706 $25,903,706 $27,481,187

$1,129,000 $1,129,000
$448,481 $448,481 $25,903,706 $25,903,706 $27,481,187

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

$1,523,000 $1,523,000 $1,523,000

$1,523,000 $1,523,000 $1,523,000

$1,523,000 $1,523,000 $1,523,000

$1,523,000 $1,523,000 $1,523,000

371.1 Reduce funds per HB815 (2008 Session).

State General Funds

($121,000)

($121,000)

($121,000)

($121,000)

371.2 Reduce funds due to the declining population of retired teachers who qualify for this benefit.

State General Funds

($273,000)

($273,000)

($273,000)

($273,000)

371.99 SAC: The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a postretirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

State General Funds

$0

4732

JOURNAL OF THE HOUSE

371.100-Floor/COLA, Local System Fund

Appropriation (HB 119)

The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement

benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

TOTAL STATE FUNDS

$1,129,000

$1,129,000

$1,129,000

$1,129,000

State General Funds

$1,129,000

$1,129,000

$1,129,000

$1,129,000

TOTAL PUBLIC FUNDS

$1,129,000

$1,129,000

$1,129,000

$1,129,000

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 $26,236,796 $26,236,796 $26,236,796 $26,685,277

$0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277

$0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277

$0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277

372.1 Defer the FY09 cost of living adjustment. Retirement Payments 372.2 Reduce funds to reflect actual expenditures. Retirement Payments 372.3 Increase funds as required by HB815 (2008 Session). Retirement Payments

($273,950) ($180,140) $121,000

($273,950) ($180,140) $121,000

($273,950) ($180,140) $121,000

($273,950) ($180,140) $121,000

372.100-System Administration

Appropriation (HB 119)

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

$25,903,706 $25,903,706 $25,903,706 $25,903,706

State Funds Transfers

$25,903,706 $25,903,706 $25,903,706 $25,903,706

Retirement Payments

$25,903,706 $25,903,706 $25,903,706 $25,903,706

TOTAL PUBLIC FUNDS

$26,352,187 $26,352,187 $26,352,187 $26,352,187

WEDNESDAY, APRIL 1, 2009

4733

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.74% for State Fiscal Year 2010.

Section 45: Technical College System of Georgia
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
TOTAL PUBLIC FUNDS

Section Total - Continuation

$370,975,007 $370,975,007 $60,500,000
$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

$370,975,007 $370,975,007 $60,500,000
$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

$370,975,007 $370,975,007 $60,500,000 $56,750,758
$3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

$370,975,007 $370,975,007 $60,500,000 $56,750,758
$3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Child Care & Development Block Grant CFDA93.575 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
TOTAL PUBLIC FUNDS

Section Total - Final $343,061,776 $322,639,728 $343,061,776 $322,639,728 $60,500,000 $75,906,239
$15,406,239

$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $595,176,776

$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $590,160,967

$321,662,636 $321,662,636 $75,906,239 $15,406,239
$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $589,183,875

$347,482,215 $347,482,215 $60,226,838
$1,662,111 $58,564,727
$191,575,000 $100,000
$191,475,000 $40,000 $40,000
$599,324,053

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

$16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000

$16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000

$16,297,100 $16,297,100 $15,400,000 $15,400,000
$3,200,000

$16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000

4734

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,200,000 $3,200,000 $34,897,100

$3,200,000 $3,200,000 $34,897,100

$3,200,000 $3,200,000 $34,897,100

$3,200,000 $3,200,000 $34,897,100

373.1

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($316,458)

($367,420)

($317,504)

$0

373.2 Reduce funds from Adult Literacy grants.

State General Funds

($1,479,888) ($1,479,888) ($1,479,888) ($1,479,888)

373.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($145,008)

($145,008)

($145,008)

373.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$31,632

373.99 SAC: The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills.

State General Funds

$0

373.100-Adult Literacy

Appropriation (HB 119)

The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking,

and listening skills.

TOTAL STATE FUNDS

$14,500,754 $14,304,784 $14,354,700 $14,703,836

State General Funds

$14,500,754 $14,304,784 $14,354,700 $14,703,836

TOTAL FEDERAL FUNDS

$15,400,000 $15,400,000 $15,400,000 $15,400,000

Federal Funds Not Itemized

$15,400,000 $15,400,000 $15,400,000 $15,400,000

TOTAL AGENCY FUNDS

$3,200,000

$3,200,000

$3,200,000

$3,200,000

Sales and Services

$3,200,000

$3,200,000

$3,200,000

$3,200,000

Sales and Services Not Itemized

$3,200,000

$3,200,000

$3,200,000

$3,200,000

TOTAL PUBLIC FUNDS

$33,100,754 $32,904,784 $32,954,700 $33,303,836

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.

WEDNESDAY, APRIL 1, 2009

4735

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 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
TOTAL PUBLIC FUNDS

$10,213,558 $10,213,558 $3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $15,453,558

$10,213,558 $10,213,558 $3,800,000
$3,750,000 $50,000 $50,000
$1,400,000 $100,000 $100,000
$1,300,000 $1,300,000
$40,000 $40,000 $40,000 $15,453,558

$10,213,558 $10,213,558
$3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $15,453,558

$10,213,558 $10,213,558 $3,800,000
$3,750,000 $50,000 $50,000
$1,400,000 $100,000 $100,000
$1,300,000 $1,300,000
$40,000 $40,000 $40,000 $15,453,558

374.1

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($241,366)

($280,235)

($242,163)

$0

374.2 Reduce funds from operations.

State General Funds

($220,976)

($220,976)

($220,976)

($220,976)

374.3 Reduce funds from personnel.

State General Funds

($1,027,435) ($1,027,435) ($1,027,435) ($1,027,435)

374.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($87,238)

($87,238)

($87,238)

374.5 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($32,390)

($32,390)

374.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$8,848

374.7 Reduce funds.

Temporary Assistance for Needy Families Grant CFDA93.558

($50,000)

4736

JOURNAL OF THE HOUSE

374.99 SAC: The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions.

State General Funds

$0

374.100-Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the

department through its associated programs and institutions.

TOTAL STATE FUNDS

$8,723,781

$8,597,674

$8,603,356

$8,854,367

State General Funds

$8,723,781

$8,597,674

$8,603,356

$8,854,367

TOTAL FEDERAL FUNDS

$3,800,000

$3,800,000

$3,800,000

$3,750,000

Federal Funds Not Itemized

$3,750,000

$3,750,000

$3,750,000

$3,750,000

Temporary Assistance for Needy Families

$50,000

$50,000

$50,000

Temporary Assistance for Needy Families Grant CFDA93.558

$50,000

$50,000

$50,000

TOTAL AGENCY FUNDS

$1,400,000

$1,400,000

$1,400,000

$1,400,000

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

$1,300,000

$1,300,000

$1,300,000

$1,300,000

Sales and Services Not Itemized

$1,300,000

$1,300,000

$1,300,000

$1,300,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$40,000

$40,000

$40,000

$40,000

State Funds Transfers

$40,000

$40,000

$40,000

$40,000

Agency to Agency Contracts

$40,000

$40,000

$40,000

$40,000

TOTAL PUBLIC FUNDS

$13,963,781 $13,837,674 $13,843,356 $14,044,367

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

375.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

WEDNESDAY, APRIL 1, 2009

4737

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($178,790)

($207,582)

($179,381)

$0

375.2 Reduce funds.

State General Funds

($1,756,577) ($1,756,577) ($1,756,577) ($1,756,577)

375.3 Eliminate funds for a post-graduate engineering program at Chattahoochee Technical College.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

375.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($145,842)

($145,842)

($145,842)

375.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$16,253

375.99 SAC: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace.

State General Funds

$0

375.100-Quick Start and Customized Services

Appropriation (HB 119)

The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses

during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global

marketplace.

TOTAL STATE FUNDS

$14,584,237 $14,409,603 $14,437,804 $14,633,438

State General Funds

$14,584,237 $14,409,603 $14,437,804 $14,633,438

TOTAL FEDERAL FUNDS

$300,000

$300,000

$300,000

$300,000

Federal Funds Not Itemized

$300,000

$300,000

$300,000

$300,000

TOTAL AGENCY FUNDS

$8,975,000

$8,975,000

$8,975,000

$8,975,000

Sales and Services

$8,975,000

$8,975,000

$8,975,000

$8,975,000

Sales and Services Not Itemized

$8,975,000

$8,975,000

$8,975,000

$8,975,000

TOTAL PUBLIC FUNDS

$23,859,237 $23,684,603 $23,712,804 $23,908,438

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

$327,744,745 $327,744,745 $41,000,000
$37,300,758

$327,744,745 $327,744,745 $41,000,000
$37,300,758

$327,744,745 $327,744,745 $41,000,000 $37,300,758

$327,744,745 $327,744,745 $41,000,000 $37,300,758

4738

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

$3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

$3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

$3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

376.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$3,601,300

$3,601,300

$3,601,300

$3,601,300

376.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($9,096,833) ($10,563,401) ($9,128,292)

$0

376.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($952,305)

($952,305)

($952,305)

($952,305)

376.4 Reduce funds from formula funding for the technical colleges. (H:Provide for an additional reduction in personal services)

State General Funds

($28,554,556) ($28,554,556) ($30,804,556) ($28,554,556)

376.5 Increase funds due to 5.2% increase in credit hours and a 15.8% increase in square footage.

State General Funds

$17,584,691 $17,584,691 $17,584,691 $17,584,691

376.6 Reduce funds from the Regents Program.

State General Funds

($296,068)

($296,068)

($296,068)

($296,068)

376.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$722,030

$722,030

$722,030

$665,297

376.8 Reduce funds and realize savings by merging administrative functions of thirteen technical colleges.

State General Funds

($3,500,000) ($3,500,000) ($3,500,000) ($6,200,000)

376.9 Reduce funds from Career Academies.

State General Funds

($2,000,000) ($2,000,000) ($2,000,000) ($1,250,000)

376.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,052,530) ($3,052,530) ($3,052,530)

376.11 Recognize funds from the American Recovery and Reinvestment Act of 2009. (S:Transfer ARRA funds to the Quality Basic Education program)

WEDNESDAY, APRIL 1, 2009

4739

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($15,406,239) ($15,406,239)

$0

$15,406,239 $15,406,239

$0

$0

$0

$0

376.12 Reduce funds to reflect savings from HB700 (2009 Session).

State General Funds

($246,000)

$0

376.97 Increase funds to reflect projected revenue receipts.

Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

$1,662,111 $1,813,969 ($3,699,242) ($223,162)

376.99 SAC: The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase their competitiveness in the workplace.

State General Funds

$0

376.100-Technical Education

Appropriation (HB 119)

The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and

continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase

their competitiveness in the workplace.

TOTAL STATE FUNDS

$305,253,004 $285,327,667 $284,266,776 $309,290,574

State General Funds

$305,253,004 $285,327,667 $284,266,776 $309,290,574

TOTAL FEDERAL FUNDS

$41,000,000 $56,406,239 $56,406,239 $40,776,838

American Recovery and Reinvestment Act of 2009

$15,406,239 $15,406,239

Child Care & Development Block Grant CFDA93.575

$1,662,111

Federal Funds Not Itemized

$37,300,758 $37,300,758 $37,300,758 $39,114,727

Temporary Assistance for Needy Families

$3,699,242

$3,699,242

$3,699,242

Temporary Assistance for Needy Families Grant CFDA93.558

$3,699,242

$3,699,242

$3,699,242

TOTAL AGENCY FUNDS

$178,000,000 $178,000,000 $178,000,000 $178,000,000

Sales and Services

$178,000,000 $178,000,000 $178,000,000 $178,000,000

Sales and Services Not Itemized

$178,000,000 $178,000,000 $178,000,000 $178,000,000

TOTAL PUBLIC FUNDS

$524,253,004 $519,733,906 $518,673,015 $528,067,412

Section 46: Transportation, Department of
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds

Section Total - Continuation

$856,216,563 $29,659,047
$826,557,516

$856,216,563 $29,659,047 $826,557,516

$856,216,563 $29,659,047 $826,557,516

$856,216,563 $29,659,047 $826,557,516

4740

JOURNAL OF THE HOUSE

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

$1,269,017,438 $26,500,000
$1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795 $657,795
$2,132,651,337

$1,269,017,438 $26,500,000
$1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795 $657,795
$2,132,651,337

$1,269,017,438 $26,500,000
$1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795 $657,795
$2,132,651,337

$1,269,017,438 $26,500,000
$1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795 $657,795
$2,132,651,337

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

$763,296,975 $707,325,871

$19,228,318 $19,007,214

$744,068,657 $688,318,657

$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

$2,039,731,749 $1,983,760,645

$711,995,752 $23,677,095 $688,318,657 $1,269,017,438 $26,500,000 $1,242,517,438 $6,759,541
$760,233 $5,999,308
$657,795 $657,795 $1,988,430,526

$699,288,598 $10,449,941 $688,838,657 $1,269,017,438 $26,500,000 $1,242,517,438 $8,237,762
$760,233 $7,477,529
$657,795 $657,795 $1,977,201,593

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

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

377.1 Defer the FY09 cost of living adjustment. State General Funds

($17,501)

($17,501)

($17,501)

($17,501)

WEDNESDAY, APRIL 1, 2009

4741

377.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($34,545)

($34,545)

($34,545)

($34,545)

377.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($16,511)

($25,476)

($22,015)

$0

377.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($10,043)

($10,043)

($10,043)

($10,043)

377.5 Reduce one-time funds received in HB990 (FY09G) for federally required inspections of two aircraft.

State General Funds

($730,000)

($730,000)

($730,000)

($730,000)

377.6 Reduce funds from personnel.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

377.7 Replace funds by selling state planes.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($1,478,221) $1,478,221
$0

377.99 SAC: The purpose of this appropriation is to provide air transportation to state officials and businesses considering relocating to or expanding in Georgia and to conduct aerial photography flights for transportation projects.

State General Funds

$0

377.100-Air Transportation

Appropriation (HB 119)

The purpose of this appropriation is to provide air transportation to state officials and businesses considering relocating to or expanding in Georgia and to

conduct aerial photography flights for transportation projects.

TOTAL STATE FUNDS

$1,461,710

$1,452,745

$1,456,206

State General Funds

$1,461,710

$1,452,745

$1,456,206

TOTAL AGENCY FUNDS

$275,000

$275,000

$275,000

$1,753,221

Sales and Services

$275,000

$275,000

$275,000

$1,753,221

Sales and Services Not Itemized

$275,000

$275,000

$275,000

$1,753,221

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

$657,795

State Funds Transfers

$657,795

$657,795

$657,795

$657,795

Air Transportation Charges

$657,795

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$2,394,505

$2,385,540

$2,389,001

$2,411,016

4742

JOURNAL OF THE HOUSE

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

$16,455,457 $16,455,457 $6,500,000 $6,500,000 $22,955,457

$16,455,457 $16,455,457 $6,500,000
$6,500,000 $22,955,457

$16,455,457 $16,455,457
$6,500,000 $6,500,000 $22,955,457

$16,455,457 $16,455,457 $6,500,000
$6,500,000 $22,955,457

378.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,866)

($3,866)

($3,866)

($3,866)

378.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($15,104)

($60,000)

($51,849)

$0

378.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($7,439)

($7,439)

($7,439)

($7,439)

378.4 Reduce funds from grants for the Georgia Airport Aid program for pavement maintenance projects.

State General Funds

($6,529,157) ($6,529,157) ($7,029,157) ($7,029,157)

378.5 Reduce funds for improvements at the Macon Airport.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

378.6 Reduce funds from personnel.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

378.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($192,283)

($192,283)

($192,283)

378.8 Increase funds for general airport aid. (S:Reduce remaining one-time funds provided in HB990 (FY09G) for general airport aid statewide)

State General Funds

$5,200,000 ($2,770,843)

378.9 Reduce funds for the Georgia Airport Aid Grant Program.

State General Funds

($3,700,000)

378.99 SAC: The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement projects.

WEDNESDAY, APRIL 1, 2009

4743

State General Funds

$0

378.100-Airport Aid

Appropriation (HB 119)

The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing

planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement

projects.

TOTAL STATE FUNDS

$9,599,891

$9,362,712 $14,070,863

$2,451,869

State General Funds

$9,599,891

$9,362,712 $14,070,863

$2,451,869

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

$16,099,891 $15,862,712 $20,570,863

$8,951,869

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

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

379.1 Defer the FY09 cost of living adjustment.

State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

($9,865) ($62,143) ($72,008)

($9,865) ($62,143) ($72,008)

($9,865) ($62,143) ($72,008)

($9,865) ($62,143) ($72,008)

379.2 Defer performance based salary adjustments.

State Motor Fuel Funds

($24,857)

($24,857)

($24,857)

($24,857)

379.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($46,400)

$0

$0

$0

379.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

4744

JOURNAL OF THE HOUSE

State General Funds

($444,450)

($444,450)

($444,450)

($444,450)

379.5 Reduce funds and realize savings achieved with the relocation of the Crash Reporting Unit to the Traffic Management Center.

State General Funds

($55,650)

($55,650)

($55,650)

($55,650)

379.6 Reduce funds from the state match to federal funds.

State Motor Fuel Funds

($75,178)

($75,178)

($75,178)

($75,178)

379.7 Reduce funds by eliminating seven vacant positions.

State Motor Fuel Funds

($522,131)

($522,131)

($522,131)

($522,131)

379.8 Reduce funds from operations.

State Motor Fuel Funds

($153,972)

($153,972)

($153,972)

($153,972)

379.9 Reduce funds designated for equipment purchases.

State Motor Fuel Funds

($16,463)

($16,463)

($16,463)

($16,463)

379.10 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($105,259)

($105,259)

($105,259)

379.11 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($27,631)

($27,631)

379.99 SAC: The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to provide current and accurate information for planning and public awareness needs.

State General Funds

$0

379.100-Data Collection, Compliance and Reporting

Appropriation (HB 119)

The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to

provide current and accurate information for planning and public awareness needs.

TOTAL STATE FUNDS

$3,254,723

$3,195,864

$3,168,233

$3,168,233

State General Funds

$344,690

$391,090

$363,459

$363,459

State Motor Fuel Funds

$2,910,033

$2,804,774

$2,804,774

$2,804,774

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

$11,587,237 $11,528,378 $11,500,747 $11,500,747

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.

WEDNESDAY, APRIL 1, 2009

4745

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

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

380.1 Defer the FY09 cost of living adjustment.

State Motor Fuel Funds

($605,950)

($605,950)

($605,950)

380.2 Defer performance based salary adjustments.

State Motor Fuel Funds

($242,380)

($242,380)

($242,380)

380.3 Reduce one-time funds received in HB990 (FY09G) for the implementation of the freight logistics transport strategy.

State General Funds

($388,837)

($388,837)

($388,837)

380.4 Reduce one-time funds received in HB990 (FY09G) to retrofit diesel school buses with pollution control devices.

State General Funds

($250,000)

($250,000)

($250,000)

380.5 Reduce funds from the state match to federal funds.

State Motor Fuel Funds

($243,004)

($243,004)

($243,004)

380.6 Reduce funds from operations.

State Motor Fuel Funds

($385,001)

($385,001)

($385,001)

380.7 Reduce funds from contracts for information technology consultants.

State Motor Fuel Funds

($2,200,000) ($2,200,000) ($2,200,000)

380.8 Reduce funds designated for vehicle purchases.

State Motor Fuel Funds

($51,000)

($51,000)

($51,000)

380.9 Reduce funds from thirty-five vacant positions.

State Motor Fuel Funds

($1,416,279) ($1,416,279) ($1,416,279)

380.10 Reduce funds from contracts for mowing and landscaping.

State Motor Fuel Funds

($1,790,000) ($1,790,000) ($1,790,000)

380.11 Reduce funds designated for equipment purchases.

State Motor Fuel Funds

($3,658,854) ($3,658,854) ($3,658,854)

380.12 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($3,730,514) ($3,730,514)

($605,950) ($242,380) ($388,837) ($250,000) ($243,004) ($385,001) ($2,200,000) ($51,000) ($1,416,279) ($1,790,000) ($3,658,854) ($3,730,514)

4746

JOURNAL OF THE HOUSE

380.13 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations.

State Motor Fuel Funds

$12,000,000

$0

380.100-Departmental Administration

Appropriation (HB 119)

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

$57,246,835 $53,516,321 $65,516,321 $53,516,321

State Motor Fuel Funds

$57,246,835 $53,516,321 $65,516,321 $53,516,321

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

$68,985,628 $65,255,114 $77,255,114 $65,255,114

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

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

381.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds 381.2 Defer performance based salary adjustments. State Motor Fuel Funds 381.3 Reduce funds from the state match to federal funds. State Motor Fuel Funds 381.4 Reduce funds designated for equipment purchases. State Motor Fuel Funds 381.5 Reduce funds designated to purchase vehicles.

($331,283) ($132,513) ($701,941) ($52,683)

($331,283) ($132,513) ($701,941) ($52,683)

($331,283) ($132,513) ($701,941) ($52,683)

($331,283) ($132,513) ($701,941) ($52,683)

WEDNESDAY, APRIL 1, 2009

4747

State Motor Fuel Funds

($69,000)

($69,000)

($69,000)

($69,000)

381.6 Reduce funds from operations.

State Motor Fuel Funds

($145,230)

($145,230)

($145,230)

($145,230)

381.7 Reduce funds for State Fund Construction - Most Needed from $21,361,261 to $2,840,344. (S:Reduce funds from the base budget for the appropriation in line 381.101)

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

($18,520,917)

($18,520,917)

($18,520,917)

($21,361,261) ($18,450,000) ($39,811,261)

381.8 Reduce funds for State Fund Construction - Off System from $35,602,101 to $16,923,092. (Gov Rev:Reduce funds from State Fund Construction - Off System to $10,176,892 due to the revised revenue estimate)(S:Reduce funds from the base budget for the appropriation in line 381.102)

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

($18,679,009)

($25,425,209)

($25,425,209)

($35,602,101) ($18,450,000) ($54,052,101)

381.9 Reduce funds for State Fund Construction - Local Road Assistance Program from $60,000,000 to $55,072,018. (S:Reduce funds from the base budget for the appropriation in line 381.103)

State Motor Fuel Funds

($4,927,982) ($4,927,982) ($4,927,982) ($60,000,000)

381.10 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($1,827,629) ($1,827,629) ($1,827,629)

381.99 SAC: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges.

State General Funds

$0

381.100-Local Road Assistance

Appropriation (HB 119)

The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local

roads and bridges.

TOTAL STATE FUNDS

$113,140,048 $104,566,219 $104,566,219 $36,476,968

State Motor Fuel Funds

$113,140,048 $104,566,219 $104,566,219 $36,476,968

TOTAL FEDERAL FUNDS

$69,658,670 $69,658,670 $69,658,670 $32,758,670

Federal Highway Admin.-Planning & Construction CFDA20.205

$69,658,670 $69,658,670 $69,658,670 $32,758,670

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

$183,393,951 $174,820,122 $174,820,122 $69,830,871

4748

JOURNAL OF THE HOUSE

381.101 Special Project - Local Road Assistance: Increase funds for State Fund Construction - Most Needed. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS 381.102 Special Project - Local Road Assistance: Increase funds for State Fund Construction - Off System. State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS 381.103 Special Project - Local Road Assistance: Increase funds for State Fund Construction - Local Road Assistance Program. State Motor Fuel Funds

$19,424,211 $18,450,000 $37,874,211
$17,443,092 $18,450,000 $35,893,092
$60,000,000

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

$1,528,887 $1,528,887 $1,528,887

$1,528,887 $1,528,887 $1,528,887

$1,528,887 $1,528,887 $1,528,887

$1,528,887 $1,528,887 $1,528,887

382.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,211)

($2,211)

($2,211)

($2,211)

382.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($5,822)

$0

$0

$0

382.3 Reduce funds from the maintenance of state-owned dredge spoils and mosquito control.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

382.4 Reduce funds received in HB1027 (FY07G) to pay litigation costs associated with a condemnation lawsuit with the South Carolina Ports Authority and Jasper County, South Carolina.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

382.5 Eliminate funds from two positions and operations and transfer remaining funds to the Georgia Ports Authority for dike and harbor maintenance and mosquito control.

State General Funds

($200,000)

382.99 SAC: The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements, rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas.

WEDNESDAY, APRIL 1, 2009

4749

State General Funds

$0

382.100-Ports and Waterways

Appropriation (HB 119)

The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements,

rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas.

TOTAL STATE FUNDS

$920,854

$926,676

$926,676

$726,676

State General Funds

$920,854

$926,676

$926,676

$726,676

TOTAL PUBLIC FUNDS

$920,854

$926,676

$926,676

$726,676

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

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

383.1 Defer the FY09 cost of living adjustment.

State General Funds

($4,060)

($4,060)

($4,060)

($4,060)

383.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($7,908)

$0

$0

$0

383.3 Reduce funds from the Georgia Rail Passenger Authority Board.

State General Funds

($2,406)

($2,406)

($24,060)

($24,060)

383.4 Reduce funds from personnel.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

383.99 SAC: The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state.

State General Funds

$0

4750

JOURNAL OF THE HOUSE

383.100 -Rail

Appropriation (HB 119)

The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state.

TOTAL STATE FUNDS

$229,273

$237,181

$215,527

$215,527

State General Funds

$229,273

$237,181

$215,527

$215,527

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

$317,512

$325,420

$303,766

$303,766

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

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

384.1 Defer the FY09 cost of living adjustment.

State Motor Fuel Funds

($1,046,665) ($1,046,665)

384.2 Defer performance based salary adjustments.

State Motor Fuel Funds

($418,666)

($418,666)

384.3 Reduce funds from the state match to federal funds.

State Motor Fuel Funds

($10,067,900) ($10,067,900)

384.4 Reduce funds from operations.

State Motor Fuel Funds

($404,805)

($404,805)

384.5 Reduce funds designated to purchase vehicles.

State Motor Fuel Funds

($391,368)

($391,368)

384.6 Reduce funds by eliminating sixty-nine vacant positions.

State Motor Fuel Funds

($7,159,964) ($7,159,964)

384.7 Reduce Funds for State Fund Construction - Most Needed from $14,240,840 to $1,893,562.

State Motor Fuel Funds

($12,347,278) ($12,347,278)

($1,046,665) ($418,666)
($10,067,900) ($404,805) ($391,368)
($7,159,964) ($12,347,278)

($1,046,665) ($418,666)
($10,067,900) ($404,805) ($391,368)
($7,159,964) ($12,347,278)

WEDNESDAY, APRIL 1, 2009

4751

384.8 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($3,584,989) ($3,584,989) ($3,584,989)

384.9

Transfer funds for the state match to federal funds to the Departmental Administration ($12,000,000), State Highway System Maintenance ($10,000,000), and State Highway System Operations ($10,000,000) programs and use for operations. (S:Transfer funds to the Local Road Assistance Program to offset grant reductions and to the Payments to the State Road and Tollway Authority to fully fund the FY10 GARVEE debt service requirements)

State Motor Fuel Funds

($32,000,000) ($32,000,000)

384.10 Reduce funds from the base budget for the appropriation in line 384.101.

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

($189,349,138) ($885,396,550) ($1,074,745,688)

384.99 SAC: The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects.

State General Funds

$0

384.100-State Highway System Construction and Improvement

Appropriation (HB 119)

The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects,

acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed

projects.

TOTAL STATE FUNDS

$253,082,835 $249,497,846 $217,497,846 $28,148,746

State Motor Fuel Funds

$253,082,835 $249,497,846 $217,497,846 $28,148,746

TOTAL FEDERAL FUNDS

$964,973,294 $964,973,294 $964,973,294 $79,576,794

Federal Highway Admin.-Planning & Construction CFDA20.205

$964,973,294 $964,973,294 $964,973,294 $79,576,794

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

$1,218,221,129 $1,214,636,140 $1,182,636,140 $107,890,540

384.101 Special Project - State Highway System Construction and Improvement: Increase funds for Capital Outlay for road construction and

enhancement projects.

State Motor Fuel Funds

$189,349,138

Federal Highway Admin.-Planning & Construction CFDA20.205

$885,396,550

TOTAL PUBLIC FUNDS

$1,074,745,688

State Highway System Maintenance

Continuation Budget

The purpose of this appropriation is to coordinate all statewide maintenance activities.

4752

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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$192,591,918
$192,591,918 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $346,339,372

$192,591,918
$192,591,918 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $346,339,372

$192,591,918
$192,591,918 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $346,339,372

$192,591,918 $0
$192,591,918 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $346,339,372

385.1 Defer the FY09 cost of living adjustment.

State Motor Fuel Funds

($1,372,765) ($1,372,765) ($1,372,765) ($1,372,765)

385.2 Defer performance based salary adjustments.

State Motor Fuel Funds

($549,106)

($549,106)

($549,106)

($549,106)

385.3 Reduce funds by eliminating 110 vacant positions.

State Motor Fuel Funds

($6,613,384) ($6,613,384) ($6,613,384) ($6,613,384)

385.4 Reduce funds from the state match to federal funds.

State Motor Fuel Funds

($1,655,698) ($1,655,698) ($1,655,698) ($1,655,698)

385.5 Reduce funds from operations.

State Motor Fuel Funds

($644,804)

($644,804)

($644,804)

($644,804)

385.6 Reduce funds from the State Forces 107 Program.

State Motor Fuel Funds

($5,900,000) ($5,900,000) ($5,900,000) ($5,900,000)

385.7 Reduce funds designated to purchase vehicles.

State Motor Fuel Funds

($1,207,751) ($1,207,751) ($1,207,751) ($1,207,751)

385.8 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($10,707,510) ($10,707,510) ($10,707,510)

385.9 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations.

State Motor Fuel Funds

$10,000,000

$0

385.10 Reduce funds from the base budget for the appropriation in line 385.101.

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

($26,154,596) ($128,218,385) ($154,372,981)

385.99 SAC: The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to

WEDNESDAY, APRIL 1, 2009

4753

local governments, to provide for emergency operations on state routes, and to maintain state rest areas and welcome centers.

State General Funds

$0

385.100-State Highway System Maintenance

Appropriation (HB 119)

The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road

and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to

maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for

emergency operations on state routes, and to maintain state rest areas and welcome centers.

TOTAL STATE FUNDS

$174,648,410 $163,940,900 $173,940,900 $137,786,300

State Motor Fuel Funds

$174,648,410 $163,940,900 $173,940,900 $137,786,300

TOTAL FEDERAL FUNDS

$153,104,852 $153,104,852 $153,104,852 $24,886,452

Federal Highway Admin.-Planning & Construction CFDA20.205

$153,104,852 $153,104,852 $153,104,852 $24,886,452

TOTAL AGENCY FUNDS

$642,602

$642,602

$642,602

$642,602

Sales and Services

$642,602

$642,602

$642,602

$642,602

Sales and Services Not Itemized

$642,602

$642,602

$642,602

$642,602

TOTAL PUBLIC FUNDS

$328,395,864 $317,688,354 $327,688,354 $163,315,354

385.101 Special Project - State Highway System Maintenance: Increase funds for Capital Outlay for maintenance projects on the state highway

system.

State Motor Fuel Funds

$26,154,596

Federal Highway Admin.-Planning & Construction CFDA20.205

$128,218,385

TOTAL PUBLIC FUNDS

$154,372,981

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 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

$26,491,645
$26,491,645 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $66,188,427

$26,491,645
$26,491,645 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $66,188,427

$26,491,645
$26,491,645 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $66,188,427

$26,491,645 $0
$26,491,645 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $66,188,427

386.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds 386.2 Defer performance based salary adjustments.

($342,532)

($342,532)

($342,532)

($342,532)

4754

JOURNAL OF THE HOUSE

State Motor Fuel Funds

($137,013)

($137,013)

($137,013)

($137,013)

386.3 Reduce funds by eliminating twenty-three vacant positions.

State Motor Fuel Funds

($4,415,328) ($4,415,328) ($4,415,328) ($4,415,328)

386.4 Reduce funds designated to purchase vehicles.

State Motor Fuel Funds

($50,000)

($50,000)

($50,000)

($50,000)

386.5 Reduce funds from the state match to federal funds.

State Motor Fuel Funds

($399,709)

($399,709)

($399,709)

($399,709)

386.6 Reduce funds from operations.

State Motor Fuel Funds

($558,303)

($558,303)

($558,303)

($558,303)

386.7 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($947,899)

($947,899)

($947,899)

386.8 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations.

State Motor Fuel Funds

$10,000,000

$0

386.99

SAC: The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals.

State General Funds

$0

386.100-State Highway System Operations

Appropriation (HB 119)

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety

planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response

Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals.

TOTAL STATE FUNDS

$20,588,760 $19,640,861 $29,640,861 $19,640,861

State Motor Fuel Funds

$20,588,760 $19,640,861 $29,640,861 $19,640,861

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

$60,285,542 $59,337,643 $69,337,643 $59,337,643

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.

WEDNESDAY, APRIL 1, 2009

4755

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

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

387.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,403)

($8,403)

($8,403)

($8,403)

387.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($20,510)

($55,600)

($48,046)

$0

387.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($31,640)

($31,640)

($31,640)

($31,640)

387.4 Reduce funds from grants for local transit agencies for replacing transit buses, vans, and other capital maintenance items.

State General Funds

($788,401)

($788,401)

($788,401)

($788,401)

387.99 SAC: The purpose of this appropriation is to provide financial, planning, and training assistance to Georgia's urban and rural transit systems and to administer federal transit grants.

State General Funds

$0

387.100 -Transit

Appropriation (HB 119)

The purpose of this appropriation is to provide financial, planning, and training assistance to Georgia's urban and rural transit systems and to administer

federal transit grants.

TOTAL STATE FUNDS

$6,671,900

$6,636,810

$6,644,364

$6,692,410

State General Funds

$6,671,900

$6,636,810

$6,644,364

$6,692,410

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

$26,677,900 $26,642,810 $26,650,364 $26,698,410

4756

JOURNAL OF THE HOUSE

Payments to the State Road and Tollway Authority

Continuation Budget

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 State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

$94,249,786 $0
$94,249,786 $94,249,786

$94,249,786 $0
$94,249,786 $94,249,786

$94,249,786 $0
$94,249,786 $94,249,786

$94,249,786 $0
$94,249,786 $94,249,786

388.1 Increase funds for required debt service on issued Grant Anticipation Revenue Vehicles (GARVEE) bonds for the Fast Forward program.

State Motor Fuel Funds

$28,201,950 $28,201,950 $28,201,950 $31,943,901

388.2 Reduce funds for the State Transportation Infrastructure Bank due to the revised revenue estimate.

State Motor Fuel Funds

($28,100,000) ($28,100,000) ($28,100,000)

388.99 SAC: The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects statewide and to capitalize the Community Improvement District Congestion Relief Fund.

State General Funds

$0

388.100-Payments to the State Road and Tollway Authority

Appropriation (HB 119)

The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects

statewide and to capitalize the Community Improvement District Congestion Relief Fund.

TOTAL STATE FUNDS

$122,451,736 $94,351,736 $94,351,736 $98,093,687

State Motor Fuel Funds

$122,451,736 $94,351,736 $94,351,736 $98,093,687

TOTAL PUBLIC FUNDS

$122,451,736 $94,351,736 $94,351,736 $98,093,687

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 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.

WEDNESDAY, APRIL 1, 2009

4757

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

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $22,472,098 $22,198,570 $22,472,098 $22,198,570 $18,176,491 $18,176,491 $18,176,491 $18,176,491 $40,648,589 $40,375,061

$22,232,012 $22,232,012 $18,176,491 $18,176,491 $40,408,503

$22,822,878 $22,822,878 $18,463,401 $18,463,401 $41,286,279

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

$850,660 $850,660 $850,660

$850,660 $850,660 $850,660

$850,660 $850,660 $850,660

$850,660 $850,660 $850,660

389.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,361)

($6,361)

($6,361)

($6,361)

389.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($20,318)

($25,195)

($21,772)

$0

389.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($6,128)

($6,128)

($6,128)

($6,128)

389.4 Transfer funds from the Veterans Benefits program to meet projected expenditures.

4758

JOURNAL OF THE HOUSE

State General Funds

$500,000

389.5 Reduce one-time funds received in HB990 (FY09G) for a backlog of veterans case files.

State General Funds

($20,000)

389.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

389.7 Reduce merit system assessments from $147 to $137 per position.

State General Funds

$500,000 ($20,000) ($45,000)

$500,000 ($20,000) ($45,000)
($792)

$500,000 ($20,000) ($45,000)
($792)

389.100-Departmental Administration

Appropriation (HB 119)

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

$1,297,853

$1,247,976

$1,250,607

$1,272,379

State General Funds

$1,297,853

$1,247,976

$1,250,607

$1,272,379

TOTAL PUBLIC FUNDS

$1,297,853

$1,247,976

$1,250,607

$1,272,379

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

$570,702 $570,702
$35,700 $35,700 $606,402

$570,702 $570,702
$35,700 $35,700 $606,402

$570,702 $570,702
$35,700 $35,700 $606,402

$570,702 $570,702 $35,700
$35,700 $606,402

390.1 Defer the FY09 cost of living adjustment.

State General Funds

($4,294)

($4,294)

($4,294)

($4,294)

390.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($14,223)

($17,637)

($15,241)

$0

390.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($260)

($260)

($260)

($260)

390.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,500)

($5,500)

($5,500)

WEDNESDAY, APRIL 1, 2009

4759

390.100-Georgia Veterans Memorial Cemetery

Appropriation (HB 119)

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

$551,925

$543,011

$545,407

$560,648

State General Funds

$551,925

$543,011

$545,407

$560,648

TOTAL FEDERAL FUNDS

$35,700

$35,700

$35,700

$35,700

Federal Funds Not Itemized

$35,700

$35,700

$35,700

$35,700

TOTAL PUBLIC FUNDS

$587,625

$578,711

$581,107

$596,348

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

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

391.1 Reduce funds and payments to the Medical College of Georgia for operations.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($373,110)

($373,110)

($373,110)

$0

($286,910)

($286,910)

($286,910)

$0

($660,020)

($660,020)

($660,020)

$0

391.99 SAC: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical College of Georgia.

State General Funds

$0

391.100-Georgia War Veterans Nursing Home - Augusta

Appropriation (HB 119)

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical

College of Georgia.

TOTAL STATE FUNDS

$5,755,916

$5,755,916

$5,755,916

$6,129,026

State General Funds

$5,755,916

$5,755,916

$5,755,916

$6,129,026

TOTAL FEDERAL FUNDS

$5,534,646

$5,534,646

$5,534,646

$5,821,556

Federal Funds Not Itemized

$5,534,646

$5,534,646

$5,534,646

$5,821,556

TOTAL PUBLIC FUNDS

$11,290,562 $11,290,562 $11,290,562 $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.

4760

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$11,502,288 $11,502,288 $9,659,584 $9,659,584 $21,161,872

$11,502,288 $11,502,288 $9,659,584
$9,659,584 $21,161,872

$11,502,288 $11,502,288
$9,659,584 $9,659,584 $21,161,872

$11,502,288 $11,502,288 $9,659,584
$9,659,584 $21,161,872

392.1 Reduce funds from the Georgia War Veterans Home Domiciliary and close the facility.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($2,239,896) ($1,676,879) ($3,916,775)

($2,239,896) ($1,676,879) ($3,916,775)

($2,239,896) ($1,676,879) ($3,916,775)

392.99

SAC: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. House: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Gov Rev: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Governor: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

($2,239,896) ($1,676,879) ($3,916,775)

State General Funds

$0

$0

$0

$0

392.100-Georgia War Veterans Nursing Home - Milledgeville

Appropriation (HB 119)

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS

$9,262,392

$9,262,392

$9,262,392

State General Funds

$9,262,392

$9,262,392

$9,262,392

TOTAL FEDERAL FUNDS

$7,982,705

$7,982,705

$7,982,705

Federal Funds Not Itemized

$7,982,705

$7,982,705

$7,982,705

TOTAL PUBLIC FUNDS

$17,245,097 $17,245,097 $17,245,097

$9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097

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

$6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433

$6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433

$6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433

$6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433

393.1 Defer the FY09 cost of living adjustment.

State General Funds

($68,862)

($68,862)

($68,862)

($68,862)

393.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

WEDNESDAY, APRIL 1, 2009

4761

Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($168,642)

($209,158)

($180,743)

$0

393.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($7,477)

($7,477)

($7,477)

($7,477)

393.4 Eliminate funds received in HB990 (FY09G) for a web-based system that would enable veterans to submit forms and claims information online.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

393.5 Transfer funds to the Departmental Administration program to meet projected expenditures.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

393.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($174,221)

($174,221)

($174,221)

393.100-Veterans Benefits

Appropriation (HB 119)

The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the

veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

TOTAL STATE FUNDS

$5,604,012

$5,389,275

$5,417,690

$5,598,433

State General Funds

$5,604,012

$5,389,275

$5,417,690

$5,598,433

TOTAL FEDERAL FUNDS

$4,623,440

$4,623,440

$4,623,440

$4,623,440

Federal Funds Not Itemized

$4,623,440

$4,623,440

$4,623,440

$4,623,440

TOTAL PUBLIC FUNDS

$10,227,452 $10,012,715 $10,041,130 $10,221,873

Section 48: Workers' Compensation, State Board of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Continuation

$17,720,194 $17,720,194
$200,000 $200,000 $17,920,194

$17,720,194 $17,720,194
$200,000 $200,000 $17,920,194

$17,720,194 $17,720,194
$200,000 $200,000 $17,920,194

$17,720,194 $17,720,194
$200,000 $200,000 $17,920,194

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$18,943,565 $18,831,434

$18,943,565 $18,831,434

$200,000

$200,000

$200,000

$200,000

$19,143,565 $19,031,434

$18,896,364 $18,896,364
$200,000 $200,000 $19,096,364

$19,319,813 $19,319,813
$200,000 $200,000 $19,519,813

4762

JOURNAL OF THE HOUSE

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

394.1 Defer the FY09 cost of living adjustment.

State General Funds

($125,557)

($125,557)

($125,557)

($125,557)

394.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($317,638)

($411,890)

($67,517)

$0

394.100-Administer the Workers' Compensation Laws

Appropriation (HB 119)

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS

$10,772,858 $10,678,606 $11,022,979

State General Funds

$10,772,858 $10,678,606 $11,022,979

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

$10,947,858 $10,853,606 $11,197,979

$11,090,496 $11,090,496
$175,000 $175,000 $175,000 $11,265,496

Board Administration

Continuation Budget

The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner

that is sensitive, responsive, and effective.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

WEDNESDAY, APRIL 1, 2009

4763

395.1 Defer the FY09 cost of living adjustment.

State General Funds

($24,894)

($24,894)

($24,894)

($24,894)

395.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($60,253)

($78,132)

($355,932)

$0

395.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$32,528

$32,528

$32,528

$32,528

395.4 Increase funds and payments to the State Treasury from $1,961,807 to $3,680,992.

State General Funds

$1,719,185

$1,719,185

$1,719,185

$1,719,185

395.5 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($1,643)

($1,643)

395.100-Board Administration

Appropriation (HB 119)

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

$8,170,707

$8,152,828

$7,873,385

$8,229,317

State General Funds

$8,170,707

$8,152,828

$7,873,385

$8,229,317

TOTAL AGENCY FUNDS

$25,000

$25,000

$25,000

$25,000

Sales and Services

$25,000

$25,000

$25,000

$25,000

Sales and Services Not Itemized

$25,000

$25,000

$25,000

$25,000

TOTAL PUBLIC FUNDS

$8,195,707

$8,177,828

$7,898,385

$8,254,317

Section 49: State of Georgia General Obligation Debt Sinking Fund
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

Section Total - Final $1,138,833,815 $1,131,575,314
$914,152,472 $906,893,971 $224,681,343 $224,681,343 $1,138,833,815 $1,131,575,314

$1,131,188,771 $906,507,428 $224,681,343
$1,131,188,771

$1,125,168,809 $901,007,466 $224,161,343
$1,125,168,809

4764

JOURNAL OF THE HOUSE

General Obligation Debt Sinking Fund - Issued
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$903,133,634 $708,070,991 $195,062,643 $903,133,634

$903,133,634 $708,070,991 $195,062,643 $903,133,634

$903,133,634 $708,070,991 $195,062,643 $903,133,634

$903,133,634 $708,070,991 $195,062,643 $903,133,634

396.1 Increase funds to meet additional debt service requirements on issued bonds.

State General Funds

$790,780

$790,780

$790,780

$790,780

396.2 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

$86,002,679 $20,538,700 $106,541,379

$86,002,679 $20,538,700 $106,541,379

$86,002,679 $20,538,700 $106,541,379

$86,002,679 $20,538,700 $106,541,379

396.3 Utilize existing funds from prior year unspent balance of $31,393,806 to meet FY10 debt service requirements. (G:YES)(S:YES)

State General Funds

$0

$0

$0

$0

396.4 Utilize existing funds from prior year unspent balance of $9,216,563 to meet FY10 debt service requirements. (G:YES)(S:YES)

State Motor Fuel Funds

$0

$0

$0

$0

396.5 Reduce funds for debt service to reflect actual needs.

State General Funds

($7,258,501) ($7,258,501) ($7,258,501)

396.6 Repeal the balance of $80,000 of the authorization of $2,500,000 in 5-year bonds from HB85 (FY06G) for the Georgia Ports Authority for Container Berths 4, 5, and 6 overlay upgrade.

State General Funds

($22,351)

($22,351)

396.100-General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS
State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

Appropriation (HB 119) $1,010,465,793 $1,003,207,292 $1,003,184,941
$794,864,450 $787,605,949 $787,583,598 $215,601,343 $215,601,343 $215,601,343 $1,010,465,793 $1,003,207,292 $1,003,184,941

$1,003,184,941 $787,583,598 $215,601,343
$1,003,184,941

General Obligation Debt Sinking Fund - New
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$106,541,379 $86,002,679 $20,538,700
$106,541,379

$106,541,379 $86,002,679 $20,538,700 $106,541,379

$106,541,379 $86,002,679 $20,538,700 $106,541,379

$106,541,379 $86,002,679 $20,538,700 $106,541,379

397.1 Transfer funds from GO Bonds New to Go Bonds Issued to reflect the issuance of new bonds.

State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS
Total Debt Service 10 year at 5.27%
State General Funds 20 year at 5.75%
State General Funds State Motor Fuel Funds
20 year at 6%
State General Funds 20 year at 6.5%
State General Funds State Motor Fuel Funds
20 year at 7%
State General Funds 20 year at 7.5%
State General Funds 5 year at 5%
State General Funds 5 year at 5.25%
State General Funds Total Debt Service
State General Funds State Motor Fuel Funds

WEDNESDAY, APRIL 1, 2009

4765

($86,002,679) ($86,002,679) ($86,002,679) ($86,002,679) ($20,538,700) ($20,538,700) ($20,538,700) ($20,538,700) ($106,541,379) ($106,541,379) ($106,541,379) ($106,541,379)

$1,521,920

$1,521,920

$1,521,920

$83,967,608 $8,560,000

$58,860

$89,184,214 $9,080,000

$89,184,214 $9,080,000

$86,442,962 $9,080,000

$1,283,840

$1,335,520

$28,061,880

$28,581,888 $28,581,888 $29,675,108

$119,288,022 $119,288,022 $118,923,830 $113,423,868

$9,080,000

$9,080,000

$9,080,000

$8,560,000

4766

JOURNAL OF THE HOUSE

Total Principal Amount 10 year at 5.27%
State General Funds 20 year at 5.75%
State General Funds State Motor Fuel Funds
20 year at 6%
State General Funds 20 year at 6.5%
State General Funds State Motor Fuel Funds
20 year at 7%
State General Funds 20 year at 7.5%
State General Funds 5 year at 5%
State General Funds 5 year at 5.25%
State General Funds Total Principal
State General Funds State Motor Fuel Funds
397.100-General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS
State General Funds

$11,600,000 $11,600,000 $11,600,000

$980,930,000 $100,000,000

$675,000

$982,205,000 $982,205,000 $952,015,000 $100,000,000 $100,000,000 $100,000,000

$13,600,000

$13,600,000

$121,480,000

$122,880,000 $122,880,000 $127,580,000

$1,116,685,000 $1,116,685,000 $1,104,795,000 $1,116,685,000 $100,000,000 $100,000,000 $100,000,000 $100,000,000

Appropriation (HB 119)

($2)

($2)

($2)

$0

($2)

($2)

($2)

$0

WEDNESDAY, APRIL 1, 2009

4767

State Motor Fuel Funds TOTAL PUBLIC FUNDS

$0

$0

$0

$0

($2)

($2)

($2)

$0

Corrections, Department of

397.101 BOND: GDC multi-projects: $10,000,000 in principal for 5 years at 5%: Repair facilities statewide.

From State General Funds, $2,310,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$2,326,000

$2,326,000

$2,326,000

$2,310,000

Corrections, Department of

397.102 BOND: GDC multi-projects: $5,000,000 in principal for 20 years at 5.75%: Construct and renovate facilities statewide.

From State General Funds, $428,000 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 240 months.

State General Funds

$454,000

$454,000

$454,000

$428,000

Corrections, Department of

397.103 BOND: GDC multi-projects: $5,000,000 in principal for 20 years at 5.75%: Fund security and life safety upgrades statewide.

From State General Funds, $428,000 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 240 months.

State General Funds

$454,000

$454,000

$454,000

$428,000

Corrections, Department of

397.104 BOND: Headquarters and Training Academy: $15,650,000 in principal for 20 years at 5.75%: Complete the relocation to Forsyth.

From State General Funds, $1,339,640 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

$1,421,020

$1,421,020

$1,421,020

$1,339,640

4768

JOURNAL OF THE HOUSE

Corrections, Department of

397.105 BOND: Baldwin State Prison: $1,380,000 in principal for 20 years at 5.75%: Design and construct the conversion of Baldwin State Prison to a

Mental Health Prison.

From State General Funds, $118,128 is specifically appropriated for the purpose of financing projects and facilities for the Department of

Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property,

highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

issuance of not more than $1,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not

in excess of 240 months.

State General Funds

$125,304

$125,304

$125,304

$118,128

Investigation, Georgia Bureau of

397.111 BOND: GBI Headquarters and Morgue: $300,000 in principal for 5 years at 5%: Upgrade the facility's electrical and fire systems.

From State General Funds, $69,300 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 $300,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$69,780

$69,780

$69,780

$69,300

Investigation, Georgia Bureau of

397.112 BOND: GBI Multi-Projects: $1,000,000 in principal for 5 years at 5%: Purchase crime lab equipment.

From State General Funds, $231,000 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 $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

$232,600

$231,000

Juvenile Justice, Department of

397.121 BOND: DJJ Multi-Projects: $4,275,000 in principal for 5 years at 5%: Fund facility maintenance and repairs statewide.

From State General Funds, $987,525 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 $4,275,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$994,365

$994,365

$994,365

$987,525

Juvenile Justice, Department of 397.122 BOND: DJJ Multi-Projects: $6,835,000 in principal for 20 years at 5.75%: Fund facility construction and renovations statewide.
From State General Funds, $585,076 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,

WEDNESDAY, APRIL 1, 2009

4769

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

through the issuance of not more than $6,835,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$620,618

$620,618

$620,618

$585,076

Juvenile Justice, Department of

397.123 BOND: DJJ Multi-Projects: $4,915,000 in principal for 20 years at 5.75%: Construct a new Rockdale Regional Youth Detention Center (RYDC)

and complete the Clayton RYDC 20 bed addition.

From State General Funds, $420,724 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 $4,915,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$446,282

$446,282

$446,282

$420,724

Environmental Facilities Authority, Georgia

397.201 BOND: Local Government Infrastructure: $37,000,000 in principal for 20 years at 5.75%: Capitalize the state funded water and sewer

construction loan program.

From State General Funds, $3,167,200 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 $37,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of

240 months.

State General Funds

$3,359,600

$3,359,600

$3,359,600

$3,167,200

Environmental Facilities Authority, Georgia

397.202 BOND: Local Government Infrastructure: $3,500,000 in principal for 20 years at 5.75%: Fund the state match for the federal Clean Water State

Revolving Fund water and sewer construction loan program.

From State General Funds, $299,600 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$317,800

$317,800

$317,800

$299,600

Environmental Facilities Authority, Georgia

397.203 BOND: Local Government Infrastructure: $4,500,000 in principal for 20 years at 5.75%: Fund the state match for the Drinking Water State

Revolving Fund water and sewer construction loan program.

From State General Funds, $385,200 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 $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

$408,600

$408,600

$408,600

$385,200

4770

JOURNAL OF THE HOUSE

Ports Authority, Georgia

397.211 BOND: Ports Authority: $36,045,000 in principal for 20 years at 5.75%: Fund the state match to federal funds for the Savannah Harbor

Expansion Project.

From State General Funds, $3,085,452 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 $36,045,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$3,272,886

$3,272,886

$3,272,886

$3,085,452

Regional Transportation Authority, Georgia 397.221 BOND: Xpress: $0 in principal for 10 years at 5.75%: Fund the state match to federal funds to purchase buses for the Xpress service.

State General Funds

$1,521,920

$1,521,920

$1,521,920

$0

Regional Transportation Authority, Georgia 397.222 BOND: Xpress: $0 in principal for 20 years at 5.75%: Fund the state match to federal funds to construct two Xpress Park-and-Ride Lots.

State General Funds

$335,960

$335,960

$335,960

$0

Regional Transportation Authority, Georgia 397.223 BOND: Xpress: $0 in principal for 20 years at 5.75%: Fund a matching grant program for Community Improvement Districts (CID) for projects
on state routes that meet mobility enhancement criteria in major employment centers.

State General Funds

$1,816,000

$1,816,000

$1,816,000

$0

Transportation, Department of

397.231 BOND: Rail Lines: $3,500,000 in principal for 20 years at 5.75%: Rehabilitate the rail line between Nunez and Vidalia and provide for an

extension of McNatt Boulevard for a rail crossing.

From State General Funds, $299,600 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$317,800

$317,800

$317,800

$299,600

Transportation, Department of 397.232 BOND: Fast Forward: $100,000,000 in principal for 20 years at 5.75%: Fund road projects statewide.
From State Motor Fuel Funds, $8,560,000 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

WEDNESDAY, APRIL 1, 2009

4771

therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State Motor Fuel Funds

$9,080,000

$9,080,000

$9,080,000

$8,560,000

Transportation, Department of

397.233 BOND: Rail Lines: $4,200,000 in principal for 20 years at 5.75%: Rehabilitate the rail line from Lyerly to Coosa ($2,000,000), fund the St.

Augustine Road Rail Switching Yard Expansion ($1,000,000), and rehabilitate two bridges on the Heart of Georgia rail line in Montgomery

County and Wilcox County ($1,200,000).

From State General Funds, $359,520 is specifically appropriated for the purpose of financing projects and facilities for the Department of

Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters,

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

through the issuance of not more than $4,200,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$359,520

World Congress Center Authority

397.241 BOND: Georgia World Congress Center: $3,200,000 in principal for 20 years at 5.75%: Renovate the Georgia World Congress Center and

replace the roof of the Thomas Murphy Ballroom and Sidney Marcus Auditorium.

From State General Funds, $273,920 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$290,560

$273,920

Georgia International and Maritime Trade Center Authority

397.251 BOND: Georgia International and Maritime Trade Center Authority: $4,000,000 in principal for 20 years at 5.75%: Construct passenger

intermodal and docking facilities on the River Walk.

From State General Funds, $342,400 is specifically appropriated for the purpose of financing projects and facilities for the Georgia

International and Maritime Trade 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 $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

$342,400

Economic Development, Department of 397.261 BOND: Herty Advanced Materials Development Center: $250,000 in principal for 20 years at 5.75%: Design and construct a covered biofuels
testing facility. From State General Funds, $21,400 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,

4772

JOURNAL OF THE HOUSE

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

$21,400

Education, Department of

397.301 BOND: K - 12 Schools: $105,205,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular for local school

construction.

From State General Funds, $9,005,548 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

$105,205,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$9,552,614

$9,552,614

$9,552,614

$9,005,548

Education, Department of

397.302 BOND: K - 12 Schools: $111,310,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Exceptional Growth for local school

construction.

From State General Funds, $9,528,136 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

$111,310,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$10,106,948 $10,106,948 $10,106,948

$9,528,136

Education, Department of

397.303 BOND: K - 12 Schools: $78,690,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular Advance for local school

construction.

From State General Funds, $6,735,864 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

$78,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$7,145,052

$7,145,052

$7,145,052

$6,735,864

Education, Department of

397.304 BOND: K - 12 Schools: $2,020,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Low Wealth for local school

construction.

From State General Funds, $172,912 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

$2,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,089,600

$1,089,600

$183,416

$172,912

Education, Department of 397.305 BOND: K - 12 Equipment: $7,000,000 in principal for 5 years at 5%: Purchase vocational equipment.
From State General Funds, $1,617,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

WEDNESDAY, APRIL 1, 2009

4773

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 60 months.

State General Funds

$1,628,200

$1,628,200

$1,628,200

$1,617,000

Education, Department of

397.306 BOND: K - 12 Schools: $3,990,000 in principal for 5 years at 5%: Fund facility repairs and improvements at state schools.

From State General Funds, $921,690 is specifically appropriated for the purpose of financing educational facilities for county and

independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than

$3,990,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$928,074

$928,074

$928,074

$921,690

Education, Department of

397.307 BOND: K - 12 Schools: $9,980,000 in principal for 20 years at 5.75%: Provide additional funds to schools that meet low wealth eligibility

requirements per OCGA 10-2-262 (d)(1)(5) to assist with major capital projects.

From State General Funds, $854,288 is specifically appropriated for the purpose of financing educational facilities for county and

independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than

$9,980,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$854,288

Building Authority, Georgia 397.401 BOND: GBA Parking Facilities: $0 in principal for 20 years at 5.75%: Design and construct the South Parking Deck as part of the Capitol Hill
Master Plan.

State General Funds

$4,523,202

$4,523,202

$3,632,000

$0

Building Authority, Georgia 397.402 BOND: GBA Parking Facilities: $0 in principal for 5 years at 5%: Purchase equipment for parking improvements for revenue collection and
access control.

State General Funds

$325,640

$325,640

$0

$0

Building Authority, Georgia 397.403 BOND: Georgia History Museum: $0 in principal for 5 years at 5%: Design space and exhibits.

State General Funds

$232,600

$232,600

$0

$0

Building Authority, Georgia 397.404 BOND: GBA multi-projects: $2,730,000 in principal for 20 years at 5.75%: Renovate the Judicial Building.
From State General Funds, $233,688 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,

4774

JOURNAL OF THE HOUSE

through the issuance of not more than $2,730,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$247,884

$233,688

Building Authority, Georgia

397.405 BOND: GBA multi-projects: $6,395,000 in principal for 20 years at 5.75%: Renovate to correct facility deficiencies at 2 Peachtree and 90

Central. (S:Correct additional facility deficiencies)

From State General Funds, $547,412 is specifically appropriated for the purpose of financing projects and facilities for the Georgia

Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters,

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

through the issuance of not more than $6,395,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$363,200

$547,412

Financing and Investment Commission, Georgia State

397.411 BOND: Americans with Disability Act: $1,500,000 in principal for 5 years at 5%: Fund ADA related facilities improvements statewide.

From State General Funds, $346,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State

Financing and Investment Commission by means of the acquisition, construction, development, extension, enlargement, or improvement

of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in

connection therewith, through the issuance of not more than $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

$348,900

$348,900

$348,900

$346,500

Revenue, Department of

397.421 BOND: Tax System: $10,000,000 in principal for 5 years at 5%: Continue implementation of the Integrated Tax System.

From State General Funds, $2,310,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 60 months.

State General Funds

$2,326,000

$2,326,000

$2,326,000

$2,310,000

Revenue, Department of

397.422 BOND: Tax System: $750,000 in principal for 5 years at 5%: Complete implementation of the Enterprise Data Warehouse.

From State General Funds, $173,250 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 $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

$174,450

$174,450

$174,450

$173,250

WEDNESDAY, APRIL 1, 2009

4775

Human Resources, Department of

397.501 BOND: Central State Hospital: $2,425,000 in principal for 20 years at 5.75%: Replace natural gas line and roof.

From State General Funds, $207,580 is specifically appropriated for the purpose of financing projects and facilities for the Department of

Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters,

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

through the issuance of not more than $2,425,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$220,190

$220,190

$220,190

$207,580

Human Resources, Department of

397.502 BOND: East Central Regional Hospital: $1,510,000 in principal for 20 years at 5.75%: Replace fire alarm monitoring system and cooling tower

and perform asbestos abatement.

From State General Funds, $129,256 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

$137,108

$137,108

$137,108

$129,256

Human Resources, Department of

397.503 BOND: Atlanta Regional Hospital: $815,000 in principal for 20 years at 5.75%: Replace perimeter fence.

From State General Funds, $69,764 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 $815,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$74,002

$74,002

$74,002

$69,764

Human Resources, Department of

397.504 BOND: Southwestern State Hospital - Thomasville: $3,570,000 in principal for 20 years at 5.75%: Replace electrical distribution system and air

handler systems.

From State General Funds, $305,592 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 $3,570,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$324,156

$324,156

$324,156

$305,592

Human Resources, Department of 397.505 BOND: Northwest Georgia Regional Hospital: $400,000 in principal for 5 years at 5%: Repair mechanical systems.
From State General Funds, $92,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of

4776

JOURNAL OF THE HOUSE

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 $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

$93,040

$93,040

$93,040

$92,400

Human Resources, Department of

397.506 BOND: Outdoor Therapeutic Program: $360,000 in principal for 20 years at 5.75%: Design, construct, and equip school expansion and

renovation.

From State General Funds, $30,816 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$32,688

$32,688

$32,688

$30,816

Veterans Service, Department of

397.511 BOND: Georgia Veterans Memorial Cemetery: $360,000 in principal for 20 years at 5.75%: Provide the state match to federal funds to plan and

program, design, construct, and equip Phase 2 of the cemetery expansion.

From State General Funds, $30,816 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$32,688

$32,688

$32,688

$30,816

Veterans Service, Department of

397.512 BOND: Georgia War Veterans Nursing Home, Milledgeville: $505,000 in principal for 20 years at 5.75%: Provide the state match to federal

funds to design, construct, and equip electrical improvements and interior renovations at the Wood Building.

From State General Funds, $43,228 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 $505,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$45,854

$45,854

$45,854

$43,228

Veterans Service, Department of 397.513 BOND: Georgia War Veterans Nursing Home, Milledgeville: $315,000 in principal for 20 years at 5.75%: Provide the state match to federal
funds to design, construct, and equip electrical improvements and interior renovations at the Vinson Building. From State General Funds, $26,964 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,

WEDNESDAY, APRIL 1, 2009

4777

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

through the issuance of not more than $315,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$28,602

$28,602

$28,602

$26,964

University System of Georgia, Board of Regents

397.601 BOND: Gordon College: $1,260,000 in principal for 5 years at 5%: Purchase equipment for the Nursing/Health building.

From State General Funds, $291,060 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, 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 60 months.

State General Funds

$293,076

$293,076

$293,076

$291,060

University System of Georgia, Board of Regents

397.602 BOND: Georgia Perimeter College: $1,000,000 in principal for 5 years at 5%: Purchase equipment for the Alpharetta Academic Facility.

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 60 months.

State General Funds

$232,600

$232,600

$232,600

$231,000

University System of Georgia, Board of Regents

397.603 BOND: Southern Polytechnic State University: $3,690,000 in principal for 5 years at 5%: Purchase equipment for the Engineering Technology

Center.

From State General Funds, $852,390 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $3,690,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$858,294

$858,294

$858,294

$852,390

University System of Georgia, Board of Regents 397.604 BOND: University of Georgia: $5,975,000 in principal for 20 years at 5.75%: Design, construct, and equip a new Central Utility Plant in the
Northwest Precinct. From State General Funds, $511,460 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,975,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

4778

JOURNAL OF THE HOUSE

State General Funds

$542,530

$542,530

$542,530

$511,460

University System of Georgia, Board of Regents

397.605 BOND: Darton College: $1,600,000 in principal for 20 years at 5.75%: Acquire and renovate strategic property.

From State General Funds, $136,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, 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

$145,280

$145,280

$0

$136,960

University System of Georgia, Board of Regents

397.606 BOND: College of Coastal Georgia: $13,300,000 in principal for 20 years at 5.75%: Construct the Health Sciences Building.

From State General Funds, $1,138,480 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 $13,300,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,207,640

$1,207,640

$1,207,640

$1,138,480

University System of Georgia, Board of Regents

397.607 BOND: Fort Valley State University: $13,400,000 in principal for 20 years at 5.75%: Design and construct renovations for Huntington Hall,

Ohio Hall, and the Isaac Miller Science Building.

From State General Funds, $1,147,040 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $13,400,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,216,720

$1,216,720

$0

$1,147,040

University System of Georgia, Board of Regents 397.608 BOND: Georgia College and State University: $0 in principal for 20 years at 5.75%: Design and construct renovations for Historic Ennis Hall.

State General Funds

$892,110

$892,110

$892,110

$0

University System of Georgia, Board of Regents 397.609 BOND: Georgia Gwinnett College: $2,000,000 in principal for 20 years at 5.75%: Design and construct infrastructure and utility improvements.
From State General Funds, $171,200 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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

WEDNESDAY, APRIL 1, 2009

4779

State General Funds

$181,600

$181,600

$181,600

$171,200

University System of Georgia, Board of Regents

397.610 BOND: Georgia Institute of Technology: $43,000,000 in principal for 20 years at 5.75%: Construct the Undergraduate Learning Commons.

From State General Funds, $3,680,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $43,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$3,904,400

$3,904,400

$3,904,400

$3,680,800

University System of Georgia, Board of Regents

397.611 BOND: Gainesville State College: $31,200,000 in principal for 20 years at 5.75%: Construct an academic facility.

From State General Funds, $2,670,720 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 $31,200,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,832,960

$2,832,960

$2,270,000

$2,670,720

University System of Georgia, Board of Regents

397.612 BOND: Kennesaw State University: $19,000,000 in principal for 20 years at 5.75%: Design and construct the laboratory addition to the science

building.

From State General Funds, $1,626,400 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 $19,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,622,142

$1,622,142

$1,725,200

$1,626,400

University System of Georgia, Board of Regents

397.613 BOND: Middle Georgia College: $500,000 in principal for 5 years at 5%: Design, construct, and equip the Georgia Hall renovation.

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

$116,300

$116,300

$116,300

$115,500

4780

JOURNAL OF THE HOUSE

University System of Georgia, Board of Regents

397.614 BOND: Macon State College: $20,100,000 in principal for 20 years at 5.75%: Construct the teacher education building.

From State General Funds, $1,720,560 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 $20,100,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,825,080

$1,825,080

$1,825,080

$1,720,560

University System of Georgia, Board of Regents

397.615 BOND: North Georgia College and State University: $16,445,000 in principal for 20 years at 5.75%: Design, construct, and equip renovations

and additions for an historic facility related to four buildings and for campus wide technology improvements.

From State General Funds, $1,407,692 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $16,445,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$948,406

$948,406

$948,406

$1,407,692

University System of Georgia, Board of Regents 397.616 BOND: Savannah State University: $0 in principal for 20 years at 5.75%: Design, construct, and equip the Marine Biology and Environmental
Sciences building addition.

State General Funds

$236,080

$236,080

$236,080

$0

University System of Georgia, Board of Regents

397.617 BOND: University of Georgia: $26,600,000 in principal for 20 years at 5.75%: Construct the Special Collections Library.

From State General Funds, $2,276,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $26,600,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,415,280

$2,415,280

$2,415,280

$2,276,960

University System of Georgia, Board of Regents 397.618 BOND: Armstrong Atlantic State University: $1,100,000 in principal for 5 years at 5%: Design the Lane Library addition.
From State General Funds, $254,100 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

WEDNESDAY, APRIL 1, 2009

4781

State General Funds

$255,860

$255,860

$255,860

$254,100

University System of Georgia, Board of Regents

397.619 BOND: Albany State University: $1,800,000 in principal for 5 years at 5%: Design the Ray Charles Fine Arts Center.

From State General Funds, $415,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $1,800,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$418,680

$418,680

$0

$415,800

University System of Georgia, Board of Regents

397.620 BOND: Clayton State University: $2,100,000 in principal for 5 years at 5%: Design a new science building.

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

$488,460

$488,460

$0

$485,100

University System of Georgia, Board of Regents

397.621 BOND: Georgia Perimeter College: $2,200,000 in principal for 5 years at 5%: Design an academic building.

From State General Funds, $508,200 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 $2,200,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$511,720

$511,720

$511,720

$508,200

University System of Georgia, Board of Regents

397.622 BOND: Georgia Southern University: $2,600,000 in principal for 5 years at 5%: Design a new biology building.

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

$604,760

$604,760

$604,760

$600,600

University System of Georgia, Board of Regents 397.623 BOND: Georgia Southwestern State University: $1,100,000 in principal for 5 years at 5%: Design a new health and human sciences building.
From State General Funds, $254,100 is specifically appropriated for the purpose of financing projects and facilities for the Board of

4782

JOURNAL OF THE HOUSE

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$255,860

$255,860

$255,860

$254,100

University System of Georgia, Board of Regents

397.624 BOND: University of West Georgia: $1,400,000 in principal for 5 years at 5%: Design a new nursing building.

From State General Funds, $323,400 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 $1,400,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$325,640

$325,640

$325,640

$323,400

University System of Georgia, Board of Regents

397.625 BOND: Valdosta State University: $2,800,000 in principal for 5 years at 5%: Design a new health science building.

From State General Funds, $646,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$651,280

$651,280

$651,280

$646,800

University System of Georgia, Board of Regents

397.626 BOND: Medical College of Georgia: $6,000,000 in principal for 5 years at 5%: Design the new Consolidated Medical Education Commons.

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

$1,395,600

$1,395,600

$1,395,600

$1,386,000

University System of Georgia, Board of Regents 397.627 BOND: University of Georgia - Griffin Campus: $800,000 in principal for 20 years at 5.75%: Fund infrastructure improvements and
renovations. From State General Funds, $68,480 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 $800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

WEDNESDAY, APRIL 1, 2009

4783

State General Funds

$72,640

$72,640

$72,640

$68,480

University System of Georgia, Board of Regents

397.628 BOND: Regents: $60,000,000 in principal for 20 years at 5.75%: Fund major repairs and rehabilitation statewide.

From State General Funds, $5,136,000 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 240 months.

State General Funds

$6,356,000

$6,356,000

$5,448,000

$5,136,000

University System of Georgia, Board of Regents

397.629 BOND: Traditional Industries Program and Georgia Research Alliance: $10,000,000 in principal for 5 years at 5%: Fund equipment for research

and development infrastructure for science-based economic development.

From State General Funds, $2,310,000 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 60 months.

State General Funds

$2,326,000

$2,326,000

$2,326,000

$2,310,000

University System of Georgia, Board of Regents

397.630 BOND: East Georgia College: $4,900,000 in principal for 20 years at 5.75%: Design and construction the Classroom, Student Services, and

Administration Building.

From State General Funds, $419,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$444,920

$419,440

University System of Georgia, Board of Regents 397.631 BOND: Georgia State University: $0 in principal for 20 years at 5.75%: Acquire and develop an outdoor student recreation facility.

State General Funds

$871,680

$0

University System of Georgia, Board of Regents 397.632 BOND: Georgia State University: $0 in principal for 20 years at 5.75%: Complete the Parker H. Petit Science Center.

State General Funds

$726,400

$0

4784

JOURNAL OF THE HOUSE

University System of Georgia, Board of Regents

397.633 BOND: Medical College of Georgia: $27,000,000 in principal for 20 years at 5.75%: Complete design, construction, and equipment of the

School of Dentistry.

From State General Funds, $2,311,200 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 $27,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,451,600

$2,311,200

University System of Georgia, Board of Regents 397.634 BOND: Traditional Industries Program and Georgia Research Alliance: $0 in principal for 5 years at 5%: Fund science equipment and other
technology, to be matched by private funds, at University System institutions statewide.

State General Funds

$2,326,000

$0

University System of Georgia, Board of Regents

397.635 BOND: Atlanta Metropolitan College: $2,500,000 in principal for 20 years at 5.75%: Design and construct the Science Academic Building

Addition.

From State General Funds, $214,000 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 $2,500,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$214,000

Technical College System of Georgia

397.661 BOND: Technical College Multi-Projects: $20,965,000 in principal for 5 years at 5%: Purchase equipment for construction projects nearing

completion.

From State General Funds, $4,842,915 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $20,965,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 60 months.

State General Funds

$4,876,459

$4,876,459

$4,876,459

$4,842,915

Technical College System of Georgia 397.662 BOND: Technical College Multi-Projects: $14,000,000 in principal for 5 years at 5%: Replace obsolete equipment.
From State General Funds, $3,234,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

WEDNESDAY, APRIL 1, 2009

4785

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 60 months.

State General Funds

$3,256,400

$3,256,400

$3,256,400

$3,234,000

Technical College System of Georgia

397.663 BOND: Technical College Multi-Projects: $20,000,000 in principal for 20 years at 5.75%: Fund facility repairs and renovations.

From State General Funds, $1,712,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, 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

$1,816,000

$1,816,000

$1,816,000

$1,712,000

Technical College System of Georgia

397.664 BOND: Central Georgia Technical College: $17,680,000 in principal for 20 years at 5.75%: Design and construct the Center for Health Sciences

at the Milledgeville Campus.

From State General Funds, $1,513,408 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $17,680,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$1,605,344

$1,605,344

$0

$1,513,408

Technical College System of Georgia

397.665 BOND: Griffin Technical College: $19,315,000 in principal for 20 years at 5.75%: Design and construct the Medical Technology Building.

From State General Funds, $1,653,364 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $19,315,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$1,753,802

$1,753,802

$1,753,802

$1,653,364

Technical College System of Georgia

397.666 BOND: Moultrie Technical College: $9,540,000 in principal for 20 years at 5.75%: Design and construct the Allied Health Building.

From State General Funds, $816,624 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $9,540,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$866,232

$866,232

$866,232

$816,624

4786

JOURNAL OF THE HOUSE

Technical College System of Georgia

397.667 BOND: Sandersville Technical College: $10,200,000 in principal for 20 years at 5.75%: Design and construct a Health Sciences and Business

Development Center.

From State General Funds, $873,120 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $10,200,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$926,160

$926,160

$0

$873,120

Technical College System of Georgia

397.668 BOND: Altamaha Technical College: $14,375,000 in principal for 20 years at 5.75%: Design and construct a classroom building and truck

driving range.

From State General Funds, $1,230,500 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $14,375,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$1,305,250

$1,305,250

$1,305,250

$1,230,500

Technical College System of Georgia

397.669 BOND: Griffin Technical College: $8,500,000 in principal for 20 years at 5.75%: Design and construct a classroom building.

From State General Funds, $727,600 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $8,500,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$771,800

$771,800

$771,800

$727,600

Technical College System of Georgia

397.670 BOND: West Central Technical College: $8,480,000 in principal for 20 years at 5.75%: Plan, design, and construct a Classroom Building and

Truck Driving Range.

From State General Funds, $725,888 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $8,480,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$769,984

$725,888

WEDNESDAY, APRIL 1, 2009

4787

Technical College System of Georgia

397.671 BOND: Northwestern Technical College: $3,495,000 in principal for 20 years at 5.75%: Design and construct a campus in Catoosa County.

From State General Funds, $299,172 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $3,495,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$299,172

Technical College System of Georgia

397.672 BOND: Technical College Multi-Projects: $15,000,000 in principal for 20 years at 5.75%: 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, $1,284,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, 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

$1,284,000

Technical College System of Georgia

397.673 BOND: North Georgia Technical College: $6,020,000 in principal for 20 years at 5.75%: Renovate the Hoyt Coe Classroom Building on the

Clarkesville campus.

From State General Funds, $515,312 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $6,020,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$515,312

Technical College System of Georgia

397.674 BOND: Ogeechee Technical College: $6,050,000 in principal for 20 years at 5.75%: Design and construct an addition to the Health Sciences

building.

From State General Funds, $517,880 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $6,050,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$517,880

4788

JOURNAL OF THE HOUSE

University System of Georgia, Board of Regents

397.680 BOND: Regents: $1,000,000 in principal for 5 years at 5%: Fund major repairs and rehabilitation to public libraries statewide.

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 60 months.

State General Funds

$231,000

University System of Georgia, Board of Regents

397.681 BOND: Rockmart Library: $1,895,000 in principal for 20 years at 5.75%: Design and renovate a building as part of the Sara Hightower Regional

Library System.

From State General Funds, $162,212 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 Rockmart Library, for that library, through the issuance of not more than

$1,895,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$172,066

$172,066

$0

$162,212

University System of Georgia, Board of Regents

397.682 BOND: DeKalb County Central Library Annex: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of the DeKalb

County Public Library System.

From State General Funds, $171,200 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 DeKalb County Central Library Annex, 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

$181,600

$181,600

$0

$171,200

University System of Georgia, Board of Regents

397.683 BOND: R.T. Jones Memorial Library: $1,050,000 in principal for 20 years at 5.75%: Design and renovate as part of the Sequoyah Regional

Library System.

From State General Funds, $89,880 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 R.T. Jones Memorial Library, for that library, 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 240

months.

State General Funds

$95,340

$95,340

$95,340

$89,880

University System of Georgia, Board of Regents 397.684 BOND: Athens-Clarke County Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of the Athens Regional
Library System. From State General Funds, $171,200 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 Athens-Clarke 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.

WEDNESDAY, APRIL 1, 2009

4789

State General Funds

$181,600

$181,600

$0

$171,200

University System of Georgia, Board of Regents

397.685 BOND: St. Mary's Public Library: $860,000 in principal for 20 years at 5.75%: Design and construct the renovations and expansion as part of

the Three Rivers Regional Library System.

From State General Funds, $73,616 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 St. Mary's Public Library, for that library, 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 240

months.

State General Funds

$78,088

$78,088

$78,088

$73,616

University System of Georgia, Board of Regents

397.686 BOND: Morgan County Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct the renovations and expansion as part of

the Uncle Remus Regional Library System.

From State General Funds, $171,200 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 Morgan 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

$181,600

$181,600

$181,600

$171,200

University System of Georgia, Board of Regents

397.687 BOND: Jeff Davis Public Library: $1,145,000 in principal for 20 years at 5.75%: Design and construct as part of the Satilla Regional Library

System.

From State General Funds, $98,012 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 $1,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$103,966

$103,966

$103,966

$98,012

University System of Georgia, Board of Regents

397.688 BOND: Thomasville Central Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct an addition as part of the Thomas

County Public Library System.

From State General Funds, $171,200 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 Thomasville Central 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

$181,600

$181,600

$0

$171,200

University System of Georgia, Board of Regents 397.689 BOND: Forest Park Branch Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of the Clayton County Library
System.

4790

JOURNAL OF THE HOUSE

From State General Funds, $171,200 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 Forest Park Branch 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

$181,600

$181,600

$0

$171,200

University System of Georgia, Board of Regents

397.690 BOND: Northeast Regional Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of the Sequoyah Regional

Library System.

From State General Funds, $171,200 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 Northeast Regional 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

$181,600

$181,600

$181,600

$171,200

University System of Georgia, Board of Regents 397.691 BOND: O'Kelly Memorial Library: $0 in principal for 20 years at 5.75%: Design and construct as part of the Uncle Remus Regional Library
System.

State General Funds

$181,600

$181,600

$0

$0

University System of Georgia, Board of Regents

397.692 BOND: Oakland Library: $2,000,000 in principal for 20 years at 5.75%: Design and construct as part of the Lee County Library System.

From State General Funds, $171,200 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 Oakland 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

$181,600

$171,200

University System of Georgia, Board of Regents 397.693 BOND: Tallapoosa Public Library: $0 in principal for 20 years at 5.75%: Design and construct as part of the West Georgia Regional Library.

State General Funds

$36,320

$0

University System of Georgia, Board of Regents 397.694 BOND: Warren P. Sewell Memorial Library: $0 in principal for 20 years at 5.75%: Design and renovate as part of the West Georgia Regional
Library.

State General Funds

$123,034

$0

University System of Georgia, Board of Regents 397.695 BOND: Greene County Public Library: $0 in principal for 20 years at 5.75%: Design and construct as part of the Uncle Remus Regional Library
System.

WEDNESDAY, APRIL 1, 2009

4791

State General Funds

$164,348

$0

University System of Georgia, Board of Regents

397.696 BOND: Dade County Public Library: $675,000 in principal for 20 years at 6%: Design and construct as part of the Cherokee Regional Library

System.

From State General Funds, $58,860 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 Dade County Public Library, for that library, through the issuance of not

more than $675,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$58,860

University System of Georgia, Board of Regents

397.697 BOND: Commerce Public Library: $1,515,000 in principal for 20 years at 5.75%: Design and construct as part of the Piedmont Regional Library

System.

From State General Funds, $129,684 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 Commerce Public Library, for that library, through the issuance of not

more than $1,515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$129,684

University System of Georgia, Board of Regents

397.698 BOND: Union County Public Library: $1,665,000 in principal for 20 years at 5.75%: Design and construct as part of the Mountain Regional

System.

From State General Funds, $142,524 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 Union County Public Library, for that library, through the issuance of not

more than $1,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$142,524

University System of Georgia, Board of Regents

397.699 BOND: Walnut Grove Library: $1,250,000 in principal for 20 years at 5.75%: Design and construct as part of the Uncle Remus Regional Library

System.

From State General Funds, $107,000 is specifically appropriated to the Board of Regents of the University System of Georgia to provide

public library facilities by grant to the governing board of the Walnut Grove Library, for that library, 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 240

months.

State General Funds

$107,000

Agriculture, Department of 397.701 BOND: State Farmer's Markets: $1,250,000 in principal for 5 years at 5%: Design and repair facilities statewide.
From State General Funds, $288,750 is specifically appropriated for the purpose of financing projects and facilities for the Department of

4792

JOURNAL OF THE HOUSE

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

$290,750

$290,750

$290,750

$288,750

Agriculture, Department of

397.702 BOND: Oakwood Diagnostic Laboratory: $13,600,000 in principal for 20 years at 7.5%: Design, construct, and equip a replacement facility.

From State General Funds, $1,335,520 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 $13,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$1,234,880

$1,234,880

$1,283,840

$1,335,520

Agriculture, Department of

397.703 BOND: Agricultural Testing Laboratories: $24,000,000 in principal for 20 years at 5.75%: Construct and equip facilities.

From State General Funds, $2,054,400 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 $24,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$2,179,200

$2,179,200

$2,179,200

$2,054,400

Forestry Commission, State

397.711 BOND: Forestry Equipment: $2,500,000 in principal for 5 years at 5%: Purchase equipment.

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

$581,500

$581,500

$581,500

$577,500

Forestry Commission, State 397.712 BOND: Forestry Buildings: $2,910,000 in principal for 20 years at 5.75%: Fund facility repairs and renovations statewide. (S:Design and
construct new facilities statewide) From State General Funds, $249,096 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 $2,910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

WEDNESDAY, APRIL 1, 2009

4793

State General Funds

$232,600

$232,600

$232,600

$249,096

Jekyll Island State Park Authority

397.721 BOND: Jekyll Island: $25,000,000 in principal for 20 years at 5.75%: Construct a new conference center and oceanfront public park.

From State General Funds, $2,140,000 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

$2,270,000

$2,270,000

$2,270,000

$2,140,000

Natural Resources, Department of

397.731 BOND: Don Carter State Park: $14,000,000 in principal for 20 years at 5.75%: Design and construct the state park.

From State General Funds, $1,198,400 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 $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$1,271,200

$1,271,200

$1,271,200

$1,198,400

Natural Resources, Department of

397.732 BOND: DNR State Parks: $5,000,000 in principal for 5 years at 5%: Fund facility repairs and renovations statewide.

From State General Funds, $1,155,000 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 $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

$1,163,000

$1,163,000

$1,163,000

$1,155,000

Natural Resources, Department of 397.741 BOND: Georgia National Fairgrounds and Agricenter: $0 in principal for 20 years at 5.75%: Design and construct public restroom facilities.

State General Funds

$40,860

$40,860

$0

$0

Natural Resources, Department of 397.742 BOND: Georgia National Fairgrounds and Agricenter: $1,000,000 in principal for 20 years at 5.75%: Expand the McGill Building for equipment
storage. From State General Funds, $85,600 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.

4794

JOURNAL OF THE HOUSE

State General Funds

$34,504

$34,504

$90,800

$85,600

Natural Resources, Department of 397.743 BOND: Georgia National Fairgrounds and Agricenter: $0 in principal for 20 years at 5.75%: Construct a parking lot for the Conference Center.

State General Funds

$54,480

$54,480

$0

$0

Soil and Water Conservation Commission

397.751 BOND: Soil & Water Conservation Watershed: $3,000,000 in principal for 20 years at 5.75%: Rehabilitate USDA flood control watershed

structures to bring them into compliance with Georgia's Safe Dams Act.

From State General Funds, $256,800 is specifically appropriated for the purpose of financing projects and facilities for the Soil and

Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of

land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$272,400

$272,400

$272,400

$256,800

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: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose, unless such purpose conflicts with state or federal law. If the stated purpose conflicts with state or federal law, then the purpose statement shall be construed as 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.

WEDNESDAY, APRIL 1, 2009

4795

Section 53: 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 Fund" 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 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.
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 but constitutes legislative intent. Amounts in the columns other than the right-most column are for informational purposes only. The summary and lowest level of detail 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, except that when an agency receives an appropriation from the category "Total Federal Funds" and such funds are identified "Temporary Assistance for Needy Families" (TANF), the appropriation is the amount stated and the agency may not reduce such funds below the amount stated.
Where federal funds received by an agency or other funds received by an agency and not remitted to the general fund of the state treasury are not otherwise restricted by state or federal law, the agency shall use such funds to supplant appropriated state funds in the following order: first, other funds received by the agency, and second, federal funds.
Section 54: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 55: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed.

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Representative Harbin of the 118th moved that the House disagree to the Senate substitute to HB 119.

The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 114. By Senators Harbison of the 15th, Harp of the 29th, Douglas of the 17th and Seay of the 34th:

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 define certain terms; to provide for applicability; to provide for the transfer of students who are military dependents into a local school system; to provide for placement; to provide for a waiver of course prerequisites; to provide for additional excused absences for certain students; to provide for eligibility for enrollment; to provide for on-time graduation; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner

E Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons

Y Rynders Y Scott, A Y Scott, M Y Sellier E Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet

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Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham

Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 163, nays 1.

Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the Senate was withdrawn from the Rules Calendar and recommitted to the Committee on Rules:

SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th:

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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:

SB 207. By Senator Wiles of the 37th:

A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to admit the general public to hearings in juvenile court with certain exceptions; to authorize a juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to prohibit the media from publicizing the name, identity, or likeness of any child involved in a juvenile court

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proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the Division of Family and Children Services to inspect files and records without an order of the court; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read:
A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to admit the general public to certain proceedings in juvenile court with certain exceptions; to define certain terms; to authorize a juvenile court to close a hearing under certain circumstances; to require a written order to close certain hearings; to prohibit the media from publicizing the identifying information of any child involved in open juvenile court proceedings; to provide that certain records may be sealed; to provide for sharing of confidential information; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by revising Code Section 15-11-78, relating to exclusion of the public from hearing and exceptions, as follows:
"15-11-78. (a) Except as otherwise provided by subsection (b) of this Code section, the general public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard. As used in this Code section, the term 'deprivation proceeding' means a court proceeding stemming from a petition alleging that a child is a deprived child. (b) The general public shall be admitted to:
(1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-63; (2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated delinquent; provided,

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however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence related to matters of deprivation; (3) Any child support hearing; (4) Any hearing in a legitimation action filed pursuant to Code Section 19-7-22; or (5) At the court's discretion, any dispositional hearing involving any proceeding under this article.; or (6) Any hearing in a deprivation proceeding, except as otherwise provided in subsection (c) of this Code section. (c) The court may close the hearing in a deprivation proceeding only upon making a finding upon the record and issuing a signed order as to the reason or reasons for closing all or part of a hearing in such proceeding and stating that:
(A) The proceeding involves an allegation of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16; or (B) It is in the best interest of the child. In making such a determination, the court shall consider such factors as:
(i) The age of the child; (ii) The nature of the allegations; (iii) The effect that an open court proceeding will have on the court's ability to reunite and rehabilitate the family unit; and (iv) Whether the closure is necessary to protect the privacy of a child, of a foster parent or other caretaker of a child, or of a victim of domestic violence. (d) The court may close a hearing or exclude a person from a hearing in any proceeding on its own motion, by motion of a party to the proceeding, or by motion of a child who is the subject of the proceeding or the child's attorney or guardian ad litem. (e) Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court to hearings from which the public is excluded; provided, however, that when the conduct alleged in the deprivation proceeding could give rise to a criminal or delinquent prosecution, attorneys for the prosecution and the defense shall be admitted. (f) The court may refuse to admit a person to a hearing in any proceeding upon making a finding upon the record and issuing a signed order that the person's presence at the hearing would: (1) Be detrimental to the best interest of a child who is a party to the proceeding; (2) Impair the fact-finding process; or (3) Be otherwise contrary to the interest of justice. (g) The court may temporarily exclude any child from a termination of parental rights hearing except while allegations of his or her delinquency or unruly conduct are being heard. (h) Any request for installation and use of electronic recording, transmission,

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videotaping, or motion picture or still photography of any judicial proceeding shall be made to the court at least two days in advance of the hearing. The request shall be evaluated by the court pursuant to the standards set forth in Code Section 15-1-10.1. (i) The judge shall request the media not to release identifying information concerning any child or family members or foster parent or other caretaker of a child involved in hearings open to the public. (j) The general public shall be excluded from proceedings in juvenile court unless such hearing has been specified as one in which the general public shall be admitted to pursuant to this Code section."
SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 15-11-79, relating to inspection of court files and records, as follows:
"(b) Subject to the requirements of subsection (a) of Code Section 15-11-56, subsection (b) of Code Section 15-11-65, and Code Section 15-11-79.2, the general public shall be allowed to inspect court files and records for cases arising under Code Section 15-11-73 or any complaint, petition, or order from any case that was open to the public pursuant to paragraphs (1) through (5) of subsection (b) of Code Section 1511-78. The general public shall be allowed to inspect court files and records for proceedings involving a legitimation petition under the jurisdiction of the juvenile court pursuant to paragraph (1) or (2) of subsection (e) of Code Section 15-11-28."
SECTION 3. Said chapter is further amended by revising subsection (e) of Code Section 15-11-79.2, relating to sealing of records, as follows:
"(e) Except as otherwise provided by the court, no order sealing files and records under this Code section may be issued regarding any proceeding in which the general public may not be excluded from the hearing under subsection (a) or (b) of Code Section 1511-78. The court may seal any record containing information identifying a victim of an act which, if done by an adult, would constitute a sexual offense under Chapter 6 of Title 16."
SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 15-11-82, relating to inspection of court files and records, as follows:
"(b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-30.2, or the interest of national security requires, or the case is one in which the general public may not be excluded from the hearings under subsection (a) or (b) of Code Section 15-11-78, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public."

WEDNESDAY, APRIL 1, 2009

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SECTION 5. Said chapter is further amended by adding a new Code section to read as follows:
"15-11-84. (a) As used in this Code section, the term 'governmental entity' shall mean the court, superior court, the Department of Juvenile Justice, the Division of Mental Health, Developmental Disabilities, and Addictive Diseases within the Department of Human Resources, the Division of Family and Children Services within the Department of Human Resources, county departments of family and children services, law enforcement unit, as such term is defined in Code Section 35-8-2, or public school, as such term is defined in Code Section 16-11-35. (b) Governmental entities, state, county, consolidate governments, or municipal government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section 15-1-15, 15-11-9.1, subsection (d) of Code Section 15-11-10, Code Section 15-11-66.1, 15-11-75, 15-11-81, 15-11-82, 15-11-174, 20-2-751.2, 20-14-40, 24-9-40.1, 24-9-41, 24-9-42, 26-4-5, 26-4-80, 26-517, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-5-36, 42-8-40, 42-8-106, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, 49-5-45, 49-5-183, 49-5-184, 49-5-185, or 49-5-186, in order to serve the best interest of the child. Such information shall not be utilized to assist in the prosecution of the child in juvenile court or superior court or utilized to the detriment of the child. (c) Information released pursuant to this Code section shall not change or rescind the confidential nature of such information and such information shall not be subject to public disclosure or inspection unless otherwise provided by law."
SECTION 6. This Act shall become on effective January 1, 2010, and shall not apply to any juvenile court proceeding filed before that date. Any such proceeding filed before January 1, 2010, shall be governed by the statute in effect at the time the juvenile court proceeding was filed.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and ruled out of order:
Representative Sims of the 169th moves to amend the Committee substitute to SB 207 as follows:
At the end of line 129 page (4) Add new section 6

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The Department shall develop a procedure whereby records relative to complaints of child abuse or neglect shall be expunged based on findings after investigation that the complaint was unfounded without reasonable basis for further investigation.

- renumber accordingly -.

The following amendment was read and adopted:

Representatives Ramsey of the 72nd, Golick of the 34th, and Abrams of the 84th move to amend the House Committee on Judiciary, Non-civil substitute to SB 207 by striking "prohibit the media from publicizing" and replacing it with "provide that the judge may order the media not to publicize" on line 5.

By striking "shall request" and replacing it with "may order" on line 72.

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 N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard
Battles Y Bearden E Beasley-Teague N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick

E Heckstall Y Hembree
Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D N Collins, T Y Cooper N Cox

Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Hatfield Y Heard

Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham

Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

N Weldon 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 152, nays 10.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representatives Abdul-Salaam of the 74th and Reece of the 11th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The Speaker Pro Tem announced the House in recess until 1:30 o'clock, this afternoon.

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AFTERNOON SESSION
The Speaker called the House to order.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitute to the following bill of the House:
HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010.
The following Bill of the House was taken up for the purpose of considering the Senate action thereon:
HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010.
Representative Harbin of the 118th moved that the House insist on its position in disagreeing to the Senate substitute to HB 119 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Harbin of the 118th, Burkhalter of the 50th and Keen of the 179th.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:

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The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 63. 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 for additional requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 69. By Representatives Jerguson of the 22nd, Cooper of the 41st, Channell of the 116th, Mitchell of the 88th and Kaiser of the 59th:
A BILL to be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to clarify provisions relating to a candidate for nonresuscitation and authorization for an order not to resuscitate and to remove statutory ambiguity; 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 86. By Representatives Millar of the 79th, Smith of the 70th, Lindsey of the 54th, Teilhet of the 40th and Buckner of the 130th:
A BILL to be entitled an Act to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that returns of absentee ballots shall be made by precinct; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

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HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010.

The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hill of the 4th, Williams of the 19th, and Rogers of the 21st.

The Senate has passed by the requisite constitutional majority the following bill of the House:

HB 120. By Representatives Smith of the 70th, Dempsey of the 13th, Talton of the 145th, Harden of the 147th, Powell 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 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.

Mr. Speaker:

The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:

HB 2.

By Representatives Rice of the 51st, Peake of the 137th, Lindsey of the 54th and Graves of the 12th:

A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fair and open grants, so as to require grant recipients to comply with certain provisions of law as a prerequisite to awarding a grant; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 64. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, so as to provide for the completion of the medical certification as to the cause and

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circumstances of death during a certain period of time; to provide for penalties; to provide that a coroner shall be authorized to complete and sign a medical certification as to the cause and circumstances of death under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 141. By Representatives Mills of the 25th and Hill of the 21st:
A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to update definitions; to provide for penalties for failure to provide requested information by financial institutions; to include bank holding companies in the definition of financial institutions; to include credit unions in restricted nomenclature; to broaden the definition of legal lending limit; to provide for payment of dividends by Subchapter S banks; to change the amount of par value; to provide for the investigative powers of the Department of Banking and Finance; to provide for immunity from civil liability for proper disclosure of information; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate was taken up for consideration and read the third time:
SB 200. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Douglas of the 17th, Hill of the 32nd and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to enact the "Transforming Transportation Investment Act"; to abolish the State Road and Tollway Authority; to create the State Transportation Agency and the State Transportation Authority; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to abolish said authority; to correct crossreferences; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and withdrawn:

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A BILL
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a division and a director of planning; to provide for the development of transportation plans for the state; to specify certain duties for the commissioner of transportation; to specify certain duties for the State Transportation Board; to provide for an organizational structure within the department; to provide a timetable for completion and reporting of transportation plans; to provide for investment policies to guide transportation planning; to provide for the appointment of the director of planning; to provide for identifying and constructing projects with private investment; to provide for priority of expenditures; to provide for the development of allocation formulas for available funding; to amend Article 2 of Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Georgia Regional Transportation Authority, so as to remove a planning function of the authority; 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 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-2-1, relating to the composition of the Department of Transportation, by revising said Code section as follows:
"32-2-1. The Department of Transportation shall consist of the State Transportation Board, the commissioner of transportation, the director of planning, the deputy commissioner of transportation, the chief engineer, the treasurer and the assistant treasurer of transportation, and such subordinate employees as may be deemed necessary by the commissioner or the director of planning."
SECTION 2. Said title is further amended in Code Section 32-2-20, relating to the State Transportation Board generally, by revising subsection (f) of said Code section as follows:
"(f) The members of the board shall receive no salary but shall receive for each day of actual attendance at meetings of the board and the committee meetings the per diem and transportation costs prescribed in Code Section 45-7-21. A like sum shall be paid for each day actually spent in studying the transportation needs of the state or attending other functions as a representative of the board, not to exceed 60 days in any calendar year. No per diem shall be paid for meetings of the board conducted by conference call. In addition, they shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be paid from funds

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4809

appropriated to the department upon presentation, by members of the board, of vouchers approved by the chairperson and signed by the secretary."
SECTION 3. Said title is further amended in Code Section 32-2-21, relating to the powers and duties of the State Transportation Board generally, by revising said Code section as follows:
"32-2-21. The board shall be charged with the general control and supervision of the department. In the exercise of such general control and supervision, the board shall have such duties, powers, and authority as are expressly vested in it by this title, including but not limited to:
(1) Designation of public roads on the state highway system; (2) Approval of negotiated construction contracts, of authority lease agreements, or of the advertising of nonnegotiated construction contracts; and (3) Confirmation or rejection of the recommendation for appointment of the following department officers: the deputy commissioner, the chief engineer, and the treasurer and the assistant treasurer of the department; and (4)(3) Approval of all long-range plans and programs of the department."
SECTION 4. Said title is further amended by adding after Code Section 32-2-21, relating to the powers and duties of the State Transportation Board generally, a new Code Section 32-2-22 to read as follows:
"32-2-22. (a) As used in this chapter and in Article 2 of Chapter 5 of this title, the term:
(1) 'Director' means the director of planning provided for by Code Section 32-2-43. (2) 'Division' means the Planning Division of the department provided for by paragraph (4) of subsection (b) of Code Section 32-2-41. (3) 'Metropolitan planning organization' means the forum for cooperative transportation decision making for a metropolitan planning area. (4) 'Metropolitan transportation plan' means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation planning process for a metropolitan planning area. (5) 'Nonmetropolitan area' means a geographic area outside the designated metropolitan planning areas. (6) 'State-wide strategic transportation plan' means the official, intermodal, comprehensive, fiscally constrained transportation plan which includes projects, programs, and other activities to support implementation of the state's strategic transportation goals and policies. This plan and the process for developing the plan shall comply with 23 C.F.R. Section 450.104. (7) 'State-wide transportation improvement program' means a state-wide prioritized listing of transportation projects covering a period of four years that is consistent with the state-wide strategic transportation plan, metropolitan transportation plans, and

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transportation improvement programs and required for multi-modal projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53. (8) 'Transportation improvement program' means a prioritized listing of transportation projects covering a period of four years that is developed and formally adopted by a metropolitan planning organization as part of the metropolitan transportation planning process, consistent with the metropolitan transportation plan, and required for projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53. (b) The director and the division shall: (1) Review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs and negotiate with the propounder of the plans concerning changes or amendments which may be recommended by the department or the Governor, consistent with applicable federal law and regulation; (2) Review any transportation projects proposed by the department and adopt, remove, or otherwise include such projects as all or a portion of department plans, consistent with applicable federal law and regulation; (3) Develop the state-wide strategic transportation plan and the state-wide transportation improvement program and support the various transportation improvement programs; (4) Develop an annual capital construction project list to be reviewed by the Governor and submitted to the General Assembly for consideration in the budget; (5) Promulgate rules and regulations necessary to carry out its duties under the provisions of this title. The division shall report the content of such rules or regulations to the Transportation Committees of the Senate and House of Representatives for their approval by majority vote prior to the promulgation thereof; and (6) Do all things necessary or convenient to carry out the powers expressly given in this Code section. (c) After review and approval by the Governor, the state transportation improvement program and the state-wide strategic transportation plan shall be submitted to the State Transportation Board for approval."
SECTION 5. Said title is further amended by revising Code Section 32-2-41, relating to the powers, duties, and authority of the commissioner of transportation, as follows:
"32-2-41. (a) As the chief executive officer of the department, the commissioner shall have direct and full control of the department. He or she shall possess, exercise, and perform all the duties, powers, and authority which may be vested in the department by law, except those duties, powers, and authority which are expressly reserved by law to the board or the director of planning. The commissioner's principal responsibility shall be the faithful implementation of transportation plans produced by the director of planning

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and approved by the Governor and the State Transportation Board, subject to the terms of such appropriations Acts as may be adopted from time to time. When the board is not in regular or called session, the commissioner shall perform, exercise, and possess all duties, powers, and authority of the board except:
(1) Approval of the advertising of nonnegotiated construction contracts; and (2) Approval of authority lease agreements; (3) Confirmation or rejection of the recommendation for appointment of the following department officers: the deputy commissioner; the chief engineer; and the treasurer and the assistant treasurer of the department; and (4) Approval of long-range plans and programs of the department. The commissioner shall also have the authority to exercise the power of eminent domain and to execute all contracts, authority lease agreements, and all other functions except those that cannot legally be delegated to him or her by the board. (b)(1) The commissioner shall have the authority to employ, discharge, promote, supervise, and determine the compensation of such personnel as he or she may deem necessary or useful to the effective operation and administration of the department except that the commissioner shall not employ a person who is related within the second degree of consanguinity to the commissioner or any member of the board, provided that such prohibition shall not be applied so as to terminate the employment of persons employed before said prohibited relationship was created by the subsequent election of a board member or appointment of a commissioner. The commissioner shall also have the authority to create, staff, abolish, and regulate such organizational elements as may be deemed necessary or proper for the efficient operation of the department. (2) Notwithstanding the provisions of subsection (b) of Code Section 32-6-29, the commissioner shall have the authority to appoint and employ five nonuniformed investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' The investigators shall have full arrest powers in cases involving internal affairs of the department and in cases involving obstruction of, encroaching on, or injury to public roads or rights of way. In such cases, the investigators shall be authorized:
(A) To investigate Department of Transportation related crimes committed anywhere in the state; (B) To arrest any person violating the criminal laws of this state; (C) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants; (D) To enforce in general the criminal laws of this state; (E) To issue citations for civil damage to any person found to be violating the laws, rules, and regulations pertaining to vegetation management; and (F) To carry firearms while performing their duties but only if such investigators 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.'

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(3) The power granted to the commissioner in paragraph (1) of this subsection shall be subject to and limited by Article 1 of Chapter 20 of Title 45 establishing a merit system for department employees, to the extent that the same or any amendments thereto are now or may be hereafter applicable to department personnel. (4) There shall be a Planning Division of the department, directed and staffed by the director of planning, which shall be the department's principal unit for developing the state transportation improvement program and the state-wide strategic transportation plan and coordinating transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation, under the supervision of the director. The division and the director shall not have jurisdiction over the funds allocated for the local maintenance and improvement grant program pursuant to subsection (d) of Code Section 32-5-27 except as expressly provided by said subsection. (5) There shall be an Engineering Division of the department to be supervised by the chief engineer, a Finance Division of the department to be supervised by the treasurer, an Administration Division of the department to be supervised by the deputy commissioner, and a Local Grants Division to be supervised by an appointee serving at the pleasure of the commissioner. The duties, responsibilities, and personnel of each such division shall be as established by the commissioner. (6) The commissioner may establish a Construction Division, an Operations and Maintenance Division, a Permitting Division, and a Public-Private Initiatives Division of the department. The commissioner shall assign to such divisions, except as otherwise provided by law, such personnel and such duties and responsibilities as may be necessary and appropriate for the proper functioning of the department."
SECTION 6. Said title is further amended in Code Section 32-2-41.1, relating to progress report and strategic transportation plan, by revising subsection (a) of said Code section as follows:
"(a) On or before September 1, 2008 October 15, 2009, the commissioner director 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 division has made on preparing a State-wide Strategic Transportation Plan. The commissioner director 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 December 31, 2009. Comments and suggestions by the House and Senate Transportation Committees of the General Assembly and the Governor shall be submitted to the commissioner director no later than February 15, 2009 February 15, 2010. This plan shall include a list of projects realistically expected to begin construction within the next five four 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

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encourage economic development be developed with consideration of investment policies addressing:
(1) Growth in private-sector employment, development of work force, and improved access to jobs; (2) Reduction in traffic congestion; (3) Improved efficiency and reliability of commutes in major metropolitan areas; (4) Efficiency of freight, cargo, and goods movement; (5) Coordination of transportation investment with development patterns in major metropolitan areas; (6) Market driven travel demand management; (7) Optimized capital asset management; (8) Reduction in accidents resulting in injury and loss of life; (9) Border-to-border and interregional connectivity; and (10) Support for local connectivity to the state-wide transportation network. The investment policies provided for in paragraphs (1) through (10) of this subsection shall also guide the development of the allocation formula provided for under Code Section 32-5-27 and shall expire on April 15, 2012, and every four years thereafter unless amended or renewed. The final version of the State-wide Strategic Transportation Plan shall be completed by June 30, 2009 April 10, 2010, 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. A report detailing the progress of projects and programs in on or before that date. An updated version of the State-wide Strategic Transportation Plan shall be prepared and delivered annually semiannually thereafter, and a revised version shall be prepared and delivered at least biennially thereafter."
SECTION 7. Said title is further amended in Code Section 32-2-41.2, relating to benchmarks and value engineering studies to be developed by the commissioner of transportation, by revising subsections (b) and (d) as follows:
"(b) The commissioner director shall submit an annual a semiannual report to the Governor, the 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." "(d) Value engineering studies shall be performed on all projects whose costs exceed $10 million, and the commissioner director shall submit an annual report to the Governor, the 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."

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SECTION 8. Said title is further amended in Code Section 32-2-42, relating to the appointment of a deputy commissioner of transportation, chief engineer, treasurer, and assistant treasurer, by revising said Code section as follows:
"32-2-42. (a) The commissioner shall appoint a deputy commissioner of transportation, whose appointment shall be subject to the approval of the board, to serve at the pleasure of the commissioner. Before assuming the duties of his or her office, the deputy commissioner shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $100,000.00 $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office, including any duties of the office of the commissioner which the deputy commissioner may be required to perform as acting commissioner. The premium for the bond shall be paid out of the funds of the department. The deputy commissioner shall be the assistant commissioner and shall be empowered to act in his or her own name for the commissioner. The deputy commissioner may exercise to the extent permitted by law only such powers and duties of the commissioner as have been previously assigned to him or her in writing by the commissioner. In the event of the commissioner's temporary incapacity which causes his or her absence from the offices of the Department of Transportation Building in Atlanta, Georgia, for 30 consecutive days, the deputy commissioner shall assume all the powers and duties of the commissioner, to be exercised until such time as the commissioner's temporary absence or incapacity shall cease. In the event of the commissioner's permanent incapacity, the deputy commissioner shall become acting commissioner, as provided in subsection (c) of Code Section 32-2-40. (b) The commissioner shall appoint a chief engineer, whose appointment shall be confirmed or rejected by the board at the next regular board meeting following his or her appointment, to serve at the pleasure of the commissioner. The chief engineer shall be the chief engineer of the department and shall be a professional engineer registered in accordance with Chapter 15 of Title 43 and who shall be experienced in highway engineering. (c) The commissioner shall appoint a treasurer of the department, whose appointment shall be confirmed or rejected by the board at the next regular board meeting following his appointment, to serve at the pleasure of the board commissioner. Before assuming the duties of his or her office, the treasurer shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $100,000.00 $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for the bond shall be paid out of the funds of the department. The duties of the treasurer shall be to receive all funds from all sources to which the department is entitled, to account for all funds received by the department, and to perform such other duties as may be

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required of him or her by the commissioner. The commissioner shall have the authority to appoint an assistant treasurer in the same manner and under the same conditions as set forth in this subsection for the appointment of the treasurer, including the qualifying in advance by giving bond of the same type, amount, and paid for in the same manner as required of the treasurer. The assistant treasurer shall assume the duties of office of treasurer upon the incapacity or death of the treasurer and shall serve until a new treasurer is appointed as provided in this subsection. (d) Any provision of this title or of any other statute or of any rule or regulation to the contrary notwithstanding, the commissioner or the deputy commissioner may, in addition to serving as commissioner or deputy commissioner, also simultaneously serve as chief engineer, provided that he or she shall be appointed and confirmed and shall possess the qualifications as prescribed in subsection (b) of this Code section. A commissioner or deputy commissioner simultaneously serving as chief engineer shall be paid for the discharge of all his or her duties the sum to which he or she is entitled as commissioner or deputy commissioner."
SECTION 9. Said title is further amended by adding after Code Section 32-2-42, relating to the appointment of a deputy commissioner of transportation, chief engineer, treasurer, and assistant treasurer, a new Code Section 32-2-43 to read as follows:
"32-2-43. (a) There shall be a director of planning appointed by the Governor. The director shall serve during the term of the Governor by whom he or she is appointed and at the pleasure of the Governor. Before assuming the duties of his or her office, the director shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for the bond shall be paid out of the funds of the department. (b) The director of planning's principal responsibility shall be the development of transportation plans, including the development of the state-wide strategic transportation plan and state-wide transportation improvement program and other comprehensive plans pursuant to the provisions of Code Section 32-2-3 and Code Section 32-2-22, strategic transportation plans pursuant to the provisions of Code Section 32-2-41.1, and benchmarks and value engineering studies pursuant to the provisions of Code Section 32-2-41.2, in consultation with the board, the Governor, and the commissioner. The director shall be the director of the Planning Division of the department and shall possess, exercise, and perform all the duties, powers, and authority which may be vested in the such division by law and are necessary or appropriate for such purpose, except those duties, powers, and authority which are expressly reserved by law to the board or the commissioner."

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SECTION 10. Said title is further amended by striking in their entirety Code Section 32-2-78, relating to definitions, Code Section 32-2-79, relating to requirements for solicited and unsolicited proposal for public-private initiative, and Code Section 32-2-80, relating to authority to contract with proposer for public-private initiative, and inserting in lieu thereof respectively a new Code Section 32-2-78, a new Code Section 32-2-79 and a new Code Section 32-2-80 to read as follows:
"32-2-78. As used in this Code section and Code Sections 32-2-79 and 32-2-80, the term:
(1) 'Participating local governing authority' includes the governing authority of any county or municipality whose geographical jurisdiction includes the project. (2) 'Project' means a project which the department deems appropriate for letting pursuant to the procedures of Code Section 32-2-79 and Code Section 32-2-80.
32-2-79. (a) The staff of the department shall jointly identify and report to the board by July 31 of each odd-numbered year those projects on the state-wide transportation improvement program or otherwise identified that afford the greatest gains in congestion mitigation or promotion of economic development. (b) Any project identified pursuant to subsection (a) of this Code section that will not be initiated within two years of the reporting date or that does not have specific available and complete funding may be let and constructed utilizing the procedures of this Code section and Code Section 32-2-80. All personnel of the department shall cooperate in all respects in the letting, construction, maintenance, and operation of such projects, including without limitation providing such access and control of portions of the state highway system as may be requested or required from time to time for such purposes. (c) Projects wholly or partly in a metropolitan planning area shall be included in a fiscally constrained transportation improvement program.
32-2-80. (a)(1) The department shall evaluate a project to determine, in the judgment of the department, appropriate or desirable levels of state, local, and private participation in financing such project. In making such determination, the department shall be authorized and encouraged to seek the advice and input of the affected local governing authorities, applicable metropolitan planning organizations, and the private financial and construction sectors. (1.1) No constitutional officer or member of the State Transportation Board shall serve as an agent, lobbyist, or board member for any entity directly or indirectly under contract with or negotiating a contract with the department under this Code section for one year after leaving his or her position as a constitutional officer or member of the State Transportation Board.

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(2) For projects that are funded or financed in part or in whole by private sources, the department shall be authorized to issue a written request for proposal indicating in general terms the scope of the project, the proposed financial participations in the project, and the factors that will be used in evaluating the proposal and containing or incorporating by reference other applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the contractor. Public notice of such request for proposal shall be made at least 90 days prior to the date set for receipt of proposals in substantially the same manner utilized by the department to solicit requests for proposals or by posting the legal notice on a website maintained for such purpose by the Secretary of State. (3) Upon receipt of a proposal or proposals responsive to the request for proposals, the department shall accept written public comment, solicited in the same manner as provided for notice of proposals, for a period of 30 days beginning at least ten days after the date set for receipt of proposals. In addition, the department shall hold at least one public hearing on such proposals not later than the conclusion of the period for public comment. (4) The department shall engage in individual discussions with two or more respondents deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence and ability to meet the level of private financial participation called for by the department. Repetitive informal interviews shall be permissible. In the event that any local governing authority has agreed to consider financial participation in the project, a representative of such local governing authority, appointed by such local governing authority, may participate in such discussions and interviews. At the discussion stage, the department may discuss estimates of total project costs, including, but not limited to, life cycle costing and nonbinding estimates of price for services. Proprietary information from competing respondents shall not be disclosed to the public or to competitors. At the conclusion of such discussions, on the basis of evaluation factors published in the request for proposal and all information developed in the selection process, the department, with the input of any participating local governing authority, shall select in the order of preference two or more respondents whose qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted with two or more respondents and with the participation of the designated representative of any participating local governing authority. Upon approval by the department, the commissioner shall select the respondent for project implementation based upon contract terms that are the most satisfactory and advantageous to the state and to the department based upon a thorough assessment of value and the ability of the final project's characteristics to meet state strategic goals and investment policies as provided for by paragraphs (1) through (10) of subsection (a) of Code Section 32-241.1. Before making such selection, the commissioner shall consult with any participating local governing authority or authorities. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request for proposal, the department may award contracts to more than one respondent. Should

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the department determine in writing and in its sole discretion that only one respondent is fully qualified, or that one respondent is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that respondent. (5) Nothing in this Code section shall require the department to continue negotiations or discussions arising out of any request for proposal. (6) The department shall be authorized to promulgate reasonable rules or regulations to assist in its evaluation of the proposal and to implement the purposes of this Code section. The department shall report the content of such rules or regulations to the Transportation Committees of the Senate and House of Representatives for their approval by majority vote prior to the promulgation thereof and shall make quarterly reports to the same chairpersons of all of its activities undertaken pursuant to the provisions of this Code section. (b) Any contracts entered into pursuant to this Code section may authorize funding to include tolls, fares, or other user fees and tax increments for use of the project that is the subject of the proposal. Such funding may be distributed by contract among the participants in the project as may be provided for by contract. The department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this Code section and may enter into any contracts required to receive such assistance. The department may determine that it serves the public purpose of this Code section for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof. The department may agree to make grants or loans to the operator from time to time from amounts received from the federal, state, or local government or any agency or instrumentality thereof. (c) The commissioner shall be authorized to delegate such duties and responsibilities under this Code section as he or she deems appropriate from time to time; provided, however, that the final approval of contracts provided for in this Code section shall be by action of the State Transportation Board. (d) The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this Code section. (e) Any contract for a public-private partnership shall require the private partner or each of its prime contractors to provide performance and payment security. Notwithstanding any other provision of law, the penal sum or amount of such security may be less than the price of the contract involved, based upon the department's determination on a project-by-project basis of what sum may be required to adequately protect the department, the state, and the contracting and subcontracting parties."
SECTION 11. Said title is further amended by revising paragraph (5) of Code Section 32-5-21, relating to priority of expenditures from the State Transportation Fund as follows:

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"(5) As directed from time to time by appropriations Acts; and Next, a sum equal to at least 15 percent of the State Public Transportation Fund, said sum to be used as follows:
(A) One-third to pay all or part of the costs of the planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (B) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the state highway system; and (C) The remaining one-third to pay all or part of the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia determined by the department to be most in need of such work; and"
SECTION 12. Said title is further amended by adding at the end of Article 2 of Chapter 5 thereof, relating to the State Public Transportation Fund, a new Code Section 32-5-27, to read as follows:
"32-5-27. (a) The Planning Division of the department and the director of planning shall develop an allocation formula for:
(1) A state-wide transportation asset management program; (2) A state-wide transportation asset improvement program; and (3) A local maintenance and improvement grant program. Funds from the State Public Transportation Fund shall be allocated by the department pursuant to such formula as further defined in subsections (b) through (d) of this Code section and as appropriated by the General Assembly. Every four years, concurrent with the renewal of the state-wide strategic transportation plan, the division, and the director shall update the data used in the allocation formula and shall review the distributional components of the formula and at such time may amend the formula as necessary to support implementation of the plans provided for in Code Section 32-2-22. (b) Funds appropriated for the state-wide transportation asset management program shall be allocated pursuant to the long-range state-wide strategic transportation plan and shall be available for administration, maintenance, operations, and rehabilitation of infrastructure. (c)(1) Funds allocated for the state-wide transportation asset improvement program shall be allocated for capital construction projects, which may include new capacity, expansion of current infrastructure, safety improvements, or completion of, additions to, and capital improvement of state strategic corridors and economic development highways, including but not limited to those identified pursuant to Code Section 32-422. Recommendations for appropriation to the state-wide transportation asset improvement program shall include consideration of current and future regional population and regional employment. Local funding matches may be required. (2) A portion of this allocation shall be a specific itemized and prioritized project list and such portion shall be not less than 10 percent nor more than 20 percent of the aggregate allocation from the State Public Transportation Fund, subject to and

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consistent with the provisions of the state-wide transportation improvement program, for such fiscal year. In developing such project list the division and the director may accept project recommendations from the Transportation Committees of the Senate and the House of Representatives, the Governor, metropolitan planning organizations, and nonmetropolitan areas. Such projects shall be prioritized in accordance with the state-wide strategic transportation plan. The division and the director shall submit such prioritized capital construction projects to the Governor for consideration in advance of the legislative session each year. The Governor shall submit all or a portion of such capital construction project requests as part of the Governor's budget recommendations to the General Assembly. The General Assembly may appropriate funds to any project on the prioritized project list. (3) In addition to the portion of the state-wide transportation asset improvement program subject to the 10 percent limitation in paragraph (2) of this subsection, additional funds from the State Public Transportation Fund may be allocated to the state-wide transportation asset improvement program that are not subject to specific project selection. (d) Funds allocated for the local maintenance and improvement grant program shall replace funds formerly available under the local assistance road program and state-aid program and shall be allocated by the Local Grants Division of the department to local governing authorities as grants or otherwise according to a funding formula developed by the division and the director. Such formula shall include considerations of paved and unpaved lane miles and vehicle miles traveled and may include population, employment, and local funding matches available, as well as other factors as may be determined by the division and the director. Funds allocated each fiscal year for the local maintenance and improvement grant program shall be not less than 10 percent nor more than 20 percent of the money derived from motor fuel taxes received by the state in the immediately preceding fiscal year, less the amount of refunds, rebates, and collection costs authorized by law and shall be used only for the purposes available for the proceeds of such taxes. Grants of such funds shall include provisions requiring adherence to adequate roadway standards, accounting practices, and applicable transportation plans. Additional allocations to this program from other funding sources shall be allocated subject to the requirements for usage attached to such funds. (e) Funds allocated or appropriated pursuant to the provisions of this Code section shall not be subject to redirection or reservation pursuant to Chapter 12 of Title 45 or to budgetary reduction except as provided by subparagraph (b) of Paragraph VI of Section IX of Article III of the Constitution. (f) Information pertaining to all funds received and expended by, through, or from the department, including but not limited to project numbers, let dates, estimated costs, actual costs, estimated completion date, status, priority ranking, congressional, House, and Senate districts, vendor names, contract amounts, and other pertinent contract information, shall be published on the website of the department as data in structured

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format. As used in this subsection, 'structured format' means data that is presented in machine readable format."
SECTION 13. Article 2 of Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Georgia Regional Transportation Authority, is amended by revising paragraph (29) of subsection (a) of Code Section 50-32-11, relating to powers of the authority, as follows:
"(29) To review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs prepared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to negotiate with such metropolitan planning organizations concerning changes or amendments to such plans which may be recommended by the authority or the Governor consistent with applicable federal law and regulation, and to adopt such regional plans as all or a portion of its own regional plans Reserved;"
SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a division and a director of planning; to provide for the development of transportation plans for the state; to specify certain duties for the commissioner of transportation; to specify certain duties for the State Transportation Board; to provide for an organizational structure within the department; to provide a timetable for completion and reporting of transportation plans; to provide for investment policies to guide transportation planning; to provide for the appointment of the director of planning; to provide for identifying and constructing projects with private investment; to provide for priority of expenditures; to provide for the development of allocation formulas for available funding; to amend Article 2 of Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Georgia Regional Transportation Authority, so as to remove a planning function of the authority; 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:

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SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-2-1, relating to the composition of the Department of Transportation, by revising said Code section as follows:
"32-2-1. The Department of Transportation shall consist of the State Transportation Board, the commissioner of transportation, the director of planning, the deputy commissioner of transportation, the chief engineer, the treasurer and the assistant treasurer of transportation, and such subordinate employees as may be deemed necessary by the commissioner or the director of planning."
SECTION 2. Said title is further amended in Code Section 32-2-20, relating to the State Transportation Board generally, by revising subsection (f) of said Code section as follows:
"(f) The members of the board shall receive no salary but shall receive for each day of actual attendance at meetings of the board and the committee meetings the per diem and transportation costs prescribed in Code Section 45-7-21. A like sum shall be paid for each day actually spent in studying the transportation needs of the state or attending other functions as a representative of the board, not to exceed 60 days in any calendar year. No per diem shall be paid for meetings of the board conducted by conference call. In addition, they shall receive actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be paid from funds appropriated to the department upon presentation, by members of the board, of vouchers approved by the chairperson and signed by the secretary."
SECTION 3. Said title is further amended in Code Section 32-2-21, relating to the powers and duties of the State Transportation Board generally, by revising said Code section as follows:
"32-2-21. The board shall be charged with the general control and supervision of the department. In the exercise of such general control and supervision, the board shall have such duties, powers, and authority as are expressly vested in it by this title, including but not limited to:
(1) Designation of public roads on the state highway system; (2) Approval of negotiated construction contracts, of authority lease agreements, or of the advertising of nonnegotiated construction contracts; and (3) Confirmation or rejection of the recommendation for appointment of the following department officers: the deputy commissioner, the chief engineer, and the treasurer and the assistant treasurer of the department; and (4)(3) Approval of all long-range plans and programs of the department."

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SECTION 4. Said title is further amended by adding after Code Section 32-2-21, relating to the powers and duties of the State Transportation Board generally, a new Code Section 32-2-22 to read as follows:
"32-2-22. (a) As used in this chapter and in Article 2 of Chapter 5 of this title, the term:
(1) 'Director' means the director of planning provided for by Code Section 32-2-43. (2) 'Division' means the Planning Division of the department provided for by paragraph (4) of subsection (b) of Code Section 32-2-41. (3) 'Metropolitan planning organization' means the forum for cooperative transportation decision making for a metropolitan planning area. (4) 'Metropolitan transportation plan' means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation planning process for a metropolitan planning area. (5) 'Nonmetropolitan area' means a geographic area outside the designated metropolitan planning areas. (6) 'State-wide strategic transportation plan' means the official, intermodal, comprehensive, fiscally constrained transportation plan which includes projects, programs, and other activities to support implementation of the state's strategic transportation goals and policies. This plan and the process for developing the plan shall comply with 23 C.F.R. Section 450.104. (7) 'State-wide transportation improvement program' means a state-wide prioritized listing of transportation projects covering a period of four years that is consistent with the state-wide strategic transportation plan, metropolitan transportation plans, and transportation improvement programs and required for multi-modal projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53. (8) 'Transportation improvement program' means a prioritized listing of transportation projects covering a period of four years that is developed and formally adopted by a metropolitan planning organization as part of the metropolitan transportation planning process, consistent with the metropolitan transportation plan, and required for projects to be eligible for funding under Title 23 U.S.C. and Title 49 U.S.C. Chapter 53. (b) The director and the division shall: (1) Review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs and negotiate with the propounder of the plans concerning changes or amendments which may be recommended by the department or the Governor, consistent with applicable federal law and regulation; (2) Review any transportation projects proposed by the department and adopt, remove, or otherwise include such projects as all or a portion of department plans, consistent with applicable federal law and regulation;

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(3) Develop the state-wide strategic transportation plan and the state-wide transportation improvement program and support the various transportation improvement programs; (4) Develop an annual capital construction project list to be reviewed by the Governor and submitted to the General Assembly for consideration in the budget; (5) Promulgate rules and regulations necessary to carry out its duties under the provisions of this title. The division shall report the content of such rules or regulations to the Transportation Committees of the Senate and House of Representatives for their approval by majority vote prior to the promulgation thereof; and (6) Do all things necessary or convenient to carry out the powers expressly given in this Code section. (c) After review and approval by the Governor, the state transportation improvement program and the state-wide strategic transportation plan shall be submitted to the State Transportation Board for approval."
SECTION 5. Said title is further amended by revising Code Section 32-2-41, relating to the powers, duties, and authority of the commissioner of transportation, as follows:
"32-2-41. (a) As the chief executive officer of the department, the commissioner shall have direct and full control of the department. He or she shall possess, exercise, and perform all the duties, powers, and authority which may be vested in the department by law, except those duties, powers, and authority which are expressly reserved by law to the board or the director of planning. The commissioner's principal responsibility shall be the faithful implementation of transportation plans produced by the director of planning and approved by the Governor and the State Transportation Board, subject to the terms of such appropriations Acts as may be adopted from time to time. When the board is not in regular or called session, the commissioner shall perform, exercise, and possess all duties, powers, and authority of the board except:
(1) Approval of the advertising of nonnegotiated construction contracts; and (2) Approval of authority lease agreements; (3) Confirmation or rejection of the recommendation for appointment of the following department officers: the deputy commissioner; the chief engineer; and the treasurer and the assistant treasurer of the department; and (4) Approval of long-range plans and programs of the department. The commissioner shall also have the authority to exercise the power of eminent domain and to execute all contracts, authority lease agreements, and all other functions except those that cannot legally be delegated to him or her by the board. (b)(1) The commissioner shall have the authority to employ, discharge, promote, supervise, and determine the compensation of such personnel as he or she may deem necessary or useful to the effective operation and administration of the department except that the commissioner shall not employ a person who is related within the

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second degree of consanguinity to the commissioner or any member of the board, provided that such prohibition shall not be applied so as to terminate the employment of persons employed before said prohibited relationship was created by the subsequent election of a board member or appointment of a commissioner. The commissioner shall also have the authority to create, staff, abolish, and regulate such organizational elements as may be deemed necessary or proper for the efficient operation of the department. (2) Notwithstanding the provisions of subsection (b) of Code Section 32-6-29, the commissioner shall have the authority to appoint and employ five nonuniformed investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' The investigators shall have full arrest powers in cases involving internal affairs of the department and in cases involving obstruction of, encroaching on, or injury to public roads or rights of way. In such cases, the investigators shall be authorized:
(A) To investigate Department of Transportation related crimes committed anywhere in the state; (B) To arrest any person violating the criminal laws of this state; (C) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants; (D) To enforce in general the criminal laws of this state; (E) To issue citations for civil damage to any person found to be violating the laws, rules, and regulations pertaining to vegetation management; and (F) To carry firearms while performing their duties but only if such investigators 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.' (3) The power granted to the commissioner in paragraph (1) of this subsection shall be subject to and limited by Article 1 of Chapter 20 of Title 45 establishing a merit system for department employees, to the extent that the same or any amendments thereto are now or may be hereafter applicable to department personnel. (4) There shall be a Planning Division of the department, directed and staffed by the director of planning, which shall be the department's principal unit for developing the state transportation improvement program and the state-wide strategic transportation plan and coordinating transportation policies, planning, and programs related to design, construction, maintenance, operations, and financing of transportation, under the supervision of the director. The division and the director shall not have jurisdiction over the funds allocated for the local maintenance and improvement grant program pursuant to subsection (d) of Code Section 32-5-27 except as expressly provided by said subsection. (5) There shall be an Engineering Division of the department to be supervised by the chief engineer, a Finance Division of the department to be supervised by the treasurer, an Administration Division of the department to be supervised by the deputy commissioner, and a Local Grants Division to be supervised by an appointee serving

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at the pleasure of the commissioner. The duties, responsibilities, and personnel of each such division shall be as established by the commissioner. (6) The commissioner may establish a Construction Division, an Operations and Maintenance Division, a Permitting Division, and a Public-Private Initiatives Division of the department. The commissioner shall assign to such divisions, except as otherwise provided by law, such personnel and such duties and responsibilities as may be necessary and appropriate for the proper functioning of the department."
SECTION 6. Said title is further amended in Code Section 32-2-41.1, relating to progress report and strategic transportation plan, by revising subsection (a) of said Code section as follows:
"(a) On or before September 1, 2008 October 15, 2009, the commissioner director 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 division has made on preparing a State-wide Strategic Transportation Plan. The commissioner director 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 December 31, 2009. Comments and suggestions by the House and Senate Transportation Committees of the General Assembly and the Governor shall be submitted to the commissioner director no later than February 15, 2009 February 15, 2010. This plan shall include a list of projects realistically expected to begin construction within the next five four 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 be developed with consideration of investment policies addressing:
(1) Growth in private-sector employment, development of work force, and improved access to jobs; (2) Reduction in traffic congestion; (3) Improved efficiency and reliability of commutes in major metropolitan areas; (4) Efficiency of freight, cargo, and goods movement; (5) Coordination of transportation investment with development patterns in major metropolitan areas; (6) Market driven travel demand management; (7) Optimized capital asset management; (8) Reduction in accidents resulting in injury and loss of life; (9) Border-to-border and interregional connectivity; and (10) Support for local connectivity to the state-wide transportation network. The investment policies provided for in paragraphs (1) through (10) of this subsection shall also guide the development of the allocation formula provided for under Code Section 32-5-27 and shall expire on April 15, 2012, and every four years thereafter unless amended or renewed. The final version of the State-wide Strategic

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Transportation Plan shall be completed by June 30, 2009 April 10, 2010, 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. A report detailing the progress of projects and programs in on or before that date. An updated version of the State-wide Strategic Transportation Plan shall be prepared and delivered annually semiannually thereafter, and a revised version shall be prepared and delivered at least biennially thereafter."
SECTION 7. Said title is further amended in Code Section 32-2-41.2, relating to benchmarks and value engineering studies to be developed by the commissioner of transportation, by revising subsections (b) and (d) as follows:
"(b) The commissioner director shall submit an annual a semiannual report to the Governor, the 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." "(d) Value engineering studies shall be performed on all projects whose costs exceed $10 million, and the commissioner director shall submit an annual report to the Governor, the 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 8. Said title is further amended in Code Section 32-2-42, relating to the appointment of a deputy commissioner of transportation, chief engineer, treasurer, and assistant treasurer, by revising said Code section as follows:
"32-2-42. (a) The commissioner shall appoint a deputy commissioner of transportation, whose appointment shall be subject to the approval of the board, to serve at the pleasure of the commissioner. Before assuming the duties of his or her office, the deputy commissioner shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $100,000.00 $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office, including any duties of the office of the commissioner which the deputy commissioner may be required to perform as acting commissioner. The premium for the bond shall be paid out of the funds of the department. The deputy commissioner shall be the assistant commissioner and shall be empowered to act in his or her own name for the commissioner. The deputy commissioner may exercise to the

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extent permitted by law only such powers and duties of the commissioner as have been previously assigned to him or her in writing by the commissioner. In the event of the commissioner's temporary incapacity which causes his or her absence from the offices of the Department of Transportation Building in Atlanta, Georgia, for 30 consecutive days, the deputy commissioner shall assume all the powers and duties of the commissioner, to be exercised until such time as the commissioner's temporary absence or incapacity shall cease. In the event of the commissioner's permanent incapacity, the deputy commissioner shall become acting commissioner, as provided in subsection (c) of Code Section 32-2-40. (b) The commissioner shall appoint a chief engineer, whose appointment shall be confirmed or rejected by the board at the next regular board meeting following his or her appointment, to serve at the pleasure of the commissioner. The chief engineer shall be the chief engineer of the department and shall be a professional engineer registered in accordance with Chapter 15 of Title 43 and who shall be experienced in highway engineering. (c) The commissioner shall appoint a treasurer of the department, whose appointment shall be confirmed or rejected by the board at the next regular board meeting following his appointment, to serve at the pleasure of the board commissioner. Before assuming the duties of his or her office, the treasurer shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $100,000.00 $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for the bond shall be paid out of the funds of the department. The duties of the treasurer shall be to receive all funds from all sources to which the department is entitled, to account for all funds received by the department, and to perform such other duties as may be required of him or her by the commissioner. The commissioner shall have the authority to appoint an assistant treasurer in the same manner and under the same conditions as set forth in this subsection for the appointment of the treasurer, including the qualifying in advance by giving bond of the same type, amount, and paid for in the same manner as required of the treasurer. The assistant treasurer shall assume the duties of office of treasurer upon the incapacity or death of the treasurer and shall serve until a new treasurer is appointed as provided in this subsection. (d) Any provision of this title or of any other statute or of any rule or regulation to the contrary notwithstanding, the commissioner or the deputy commissioner may, in addition to serving as commissioner or deputy commissioner, also simultaneously serve as chief engineer, provided that he or she shall be appointed and confirmed and shall possess the qualifications as prescribed in subsection (b) of this Code section. A commissioner or deputy commissioner simultaneously serving as chief engineer shall be paid for the discharge of all his or her duties the sum to which he or she is entitled as commissioner or deputy commissioner."

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SECTION 9. Said title is further amended by adding after Code Section 32-2-42, relating to the appointment of a deputy commissioner of transportation, chief engineer, treasurer, and assistant treasurer, a new Code Section 32-2-43 to read as follows:
"32-2-43. (a) There shall be a director of planning appointed by the Governor subject to approval by a majority vote of the House Transportation Committee. The director shall serve during the term of the Governor by whom he or she is appointed and at the pleasure of the Governor. Before assuming the duties of his or her office, the director shall qualify by giving bond with a corporate surety licensed to do business in this state, such bond to be in the amount of $500,000.00 and payable to the Governor and his or her successors in office. The bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for the bond shall be paid out of the funds of the department. (b) The director of planning's principal responsibility shall be the development of transportation plans, including the development of the state-wide strategic transportation plan and state-wide transportation improvement program and other comprehensive plans pursuant to the provisions of Code Section 32-2-3 and Code Section 32-2-22, strategic transportation plans pursuant to the provisions of Code Section 32-2-41.1, and benchmarks and value engineering studies pursuant to the provisions of Code Section 32-2-41.2, in consultation with the board, the Governor, and the commissioner. The director shall be the director of the Planning Division of the department and shall possess, exercise, and perform all the duties, powers, and authority which may be vested in the such division by law and are necessary or appropriate for such purpose, except those duties, powers, and authority which are expressly reserved by law to the board or the commissioner."
SECTION 10. Said title is further amended by striking in their entirety Code Section 32-2-78, relating to definitions, Code Section 32-2-79, relating to requirements for solicited and unsolicited proposal for public-private initiative, and Code Section 32-2-80, relating to authority to contract with proposer for public-private initiative, and inserting in lieu thereof respectively a new Code Section 32-2-78, a new Code Section 32-2-79 and a new Code Section 32-2-80 to read as follows:
"32-2-78. As used in this Code section and Code Sections 32-2-79 and 32-2-80, the term:
(1) 'Participating local governing authority' includes the governing authority of any county or municipality whose geographical jurisdiction includes the project. (2) 'Project' means a project which the department deems appropriate for letting pursuant to the procedures of Code Section 32-2-79 and Code Section 32-2-80.

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32-2-79. (a) The staff of the department shall jointly identify and report to the board by July 31 of each odd-numbered year those projects on the state-wide transportation improvement program or otherwise identified that afford the greatest gains in congestion mitigation or promotion of economic development. (b) Any project identified pursuant to subsection (a) of this Code section that will not be initiated within two years of the reporting date or that does not have specific available and complete funding may be let and constructed utilizing the procedures of this Code section and Code Section 32-2-80. All personnel of the department shall cooperate in all respects in the letting, construction, maintenance, and operation of such projects, including without limitation providing such access and control of portions of the state highway system as may be requested or required from time to time for such purposes. (c) Projects wholly or partly in a metropolitan planning area shall be included in a fiscally constrained transportation improvement program.
32-2-80. (a)(1) The department shall evaluate a project to determine, in the judgment of the department, appropriate or desirable levels of state, local, and private participation in financing such project. In making such determination, the department shall be authorized and encouraged to seek the advice and input of the affected local governing authorities, applicable metropolitan planning organizations, and the private financial and construction sectors. (1.1) No constitutional officer or member of the State Transportation Board shall serve as an agent, lobbyist, or board member for any entity directly or indirectly under contract with or negotiating a contract with the department under this Code section for one year after leaving his or her position as a constitutional officer or member of the State Transportation Board. (2) For projects that are funded or financed in part or in whole by private sources, the department shall be authorized to issue a written request for proposal indicating in general terms the scope of the project, the proposed financial participations in the project, and the factors that will be used in evaluating the proposal and containing or incorporating by reference other applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the contractor. Public notice of such request for proposal shall be made at least 90 days prior to the date set for receipt of proposals by posting the legal notice on a single website that shall be procured and maintained for such purposes by the Department of Administrative Services or in substantially the same manner utilized by the department to solicit requests for proposals. (3) Upon receipt of a proposal or proposals responsive to the request for proposals, the department shall accept written public comment, solicited in the same manner as provided for notice of proposals, for a period of 30 days beginning at least ten days after the date set for receipt of proposals. In addition, the department shall hold at

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least one public hearing on such proposals not later than the conclusion of the period for public comment. (4) The department shall engage in individual discussions with two or more respondents deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence and ability to meet the level of private financial participation called for by the department. Repetitive informal interviews shall be permissible. In the event that any local governing authority has agreed to consider financial participation in the project, a representative of such local governing authority, appointed by such local governing authority, may participate in such discussions and interviews. At the discussion stage, the department may discuss estimates of total project costs, including, but not limited to, life cycle costing and nonbinding estimates of price for services. Proprietary information from competing respondents shall not be disclosed to the public or to competitors. At the conclusion of such discussions, on the basis of evaluation factors published in the request for proposal and all information developed in the selection process, the department, with the input of any participating local governing authority, shall select in the order of preference two or more respondents whose qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted with two or more respondents and with the participation of the designated representative of any participating local governing authority. Upon approval by the department, the commissioner shall select the respondent for project implementation based upon contract terms that are the most satisfactory and advantageous to the state and to the department based upon a thorough assessment of value and the ability of the final project's characteristics to meet state strategic goals and investment policies as provided for by paragraphs (1) through (10) of subsection (a) of Code Section 32-241.1. Before making such selection, the commissioner shall consult with any participating local governing authority or authorities. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request for proposal, the department may award contracts to more than one respondent. Should the department determine in writing and in its sole discretion that only one respondent is fully qualified, or that one respondent is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that respondent. (5) Nothing in this Code section shall require the department to continue negotiations or discussions arising out of any request for proposal. (6) The department shall be authorized to promulgate reasonable rules or regulations to assist in its evaluation of the proposal and to implement the purposes of this Code section. The department shall report the content of such rules or regulations to the Transportation Committees of the Senate and House of Representatives for their approval by majority vote prior to the promulgation thereof and shall make quarterly reports to the same chairpersons of all of its activities undertaken pursuant to the provisions of this Code section.

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(b) Any contracts entered into pursuant to this Code section may authorize funding to include tolls, fares, or other user fees and tax increments for use of the project that is the subject of the proposal. Such funding may be distributed by contract among the participants in the project as may be provided for by contract. The department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this Code section and may enter into any contracts required to receive such assistance. The department may determine that it serves the public purpose of this Code section for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof. The department may agree to make grants or loans to the operator from time to time from amounts received from the federal, state, or local government or any agency or instrumentality thereof. (c) The commissioner shall be authorized to delegate such duties and responsibilities under this Code section as he or she deems appropriate from time to time; provided, however, that the final approval of contracts provided for in this Code section shall be by action of the State Transportation Board. (d) The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this Code section. (e) Any contract for a public-private partnership shall require the private partner or each of its prime contractors to provide performance and payment security. Notwithstanding any other provision of law, the penal sum or amount of such security may be less than the price of the contract involved, based upon the department's determination on a project-by-project basis of what sum may be required to adequately protect the department, the state, and the contracting and subcontracting parties."
SECTION 11. Said title is further amended by revising paragraph (5) of Code Section 32-5-21, relating to priority of expenditures from the State Transportation Fund as follows:
"(5) As directed from time to time by appropriations Acts; and Next, a sum equal to at least 15 percent of the State Public Transportation Fund, said sum to be used as follows:
(A) One-third to pay all or part of the costs of the planning, surveying, constructing, improving, paving, and completing public roads not on the state highway system; (B) One-third to pay all or part of the costs of planning, surveying, constructing, improving, and paving public roads on the state highway system; and (C) The remaining one-third to pay all or part of the costs of planning, surveying, constructing, reconstructing, paving, and improving the public roads of Georgia determined by the department to be most in need of such work; and"
SECTION 12. Said title is further amended by adding at the end of Article 2 of Chapter 5 thereof, relating to the State Public Transportation Fund, a new Code Section 32-5-27, to read as follows:

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"32-5-27. (a) The Planning Division of the department and the director of planning shall develop an allocation formula for:
(1) A state-wide transportation asset management program; (2) A state-wide transportation asset improvement program; and (3) A local maintenance and improvement grant program. Funds from the State Public Transportation Fund shall be allocated by the department pursuant to such formula as further defined in subsections (b) through (d) of this Code section and as appropriated by the General Assembly. Every four years, concurrent with the renewal of the state-wide strategic transportation plan, the division, and the director shall update the data used in the allocation formula and shall review the distributional components of the formula and at such time may amend the formula as necessary to support implementation of the plans provided for in Code Section 32-2-22. (b) Funds appropriated for the state-wide transportation asset management program shall be allocated pursuant to the long-range state-wide strategic transportation plan and shall be available for administration, maintenance, operations, and rehabilitation of infrastructure. (c)(1) Funds allocated for the state-wide transportation asset improvement program shall be allocated for capital construction projects, which may include new capacity, expansion of current infrastructure, safety improvements, or completion of, additions to, and capital improvement of state strategic corridors and economic development highways, including but not limited to those identified pursuant to Code Section 32-422. Recommendations for appropriation to the state-wide transportation asset improvement program shall include consideration of current and future regional population and regional employment. Local funding matches may be required. (2) A portion of this allocation shall be a specific itemized and prioritized project list and such portion shall be not less than 10 percent nor more than 20 percent of the aggregate allocation from the State Public Transportation Fund, subject to and consistent with the provisions of the state-wide transportation improvement program, for such fiscal year. In developing such project list the division and the director may accept project recommendations from the Transportation Committees of the Senate and the House of Representatives, the Governor, metropolitan planning organizations, and nonmetropolitan areas. Such projects shall be prioritized in accordance with the state-wide strategic transportation plan. The division and the director shall submit such prioritized capital construction projects to the Governor for consideration in advance of the legislative session each year. The Governor shall submit all or a portion of such capital construction project requests as part of the Governor's budget recommendations to the General Assembly. The General Assembly may appropriate funds to any project on the prioritized project list. (3) In addition to the portion of the state-wide transportation asset improvement program subject to the 10 percent limitation in paragraph (2) of this subsection, additional funds from the State Public Transportation Fund may be allocated to the

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state-wide transportation asset improvement program that are not subject to specific project selection. (d) Funds allocated for the local maintenance and improvement grant program shall replace funds formerly available under the local assistance road program and state-aid program and shall be allocated by the Local Grants Division of the department to local governing authorities as grants or otherwise according to a funding formula developed by the division and the director. Such formula shall include considerations of paved and unpaved lane miles and vehicle miles traveled and may include population, employment, and local funding matches available, as well as other factors as may be determined by the division and the director. Funds allocated each fiscal year for the local maintenance and improvement grant program shall be not less than 10 percent nor more than 20 percent of the money derived from motor fuel taxes received by the state in the immediately preceding fiscal year, less the amount of refunds, rebates, and collection costs authorized by law and shall be used only for the purposes available for the proceeds of such taxes. Grants of such funds shall include provisions requiring adherence to adequate roadway standards, accounting practices, and applicable transportation plans. Additional allocations to this program from other funding sources shall be allocated subject to the requirements for usage attached to such funds. (e) Funds allocated or appropriated pursuant to the provisions of this Code section shall not be subject to redirection or reservation pursuant to Chapter 12 of Title 45 or to budgetary reduction except as provided by subparagraph (b) of Paragraph VI of Section IX of Article III of the Constitution. (f) Information pertaining to all funds received and expended by, through, or from the department, including but not limited to project numbers, let dates, estimated costs, actual costs, estimated completion date, status, priority ranking, congressional, House, and Senate districts, vendor names, contract amounts, and other pertinent contract information, shall be published on the website of the department as data in structured format. As used in this subsection, 'structured format' means data that is presented in machine readable format."
SECTION 13. Article 2 of Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Georgia Regional Transportation Authority, is amended by revising paragraph (29) of subsection (a) of Code Section 50-32-11, relating to powers of the authority, as follows:
"(29) To review and make recommendations to the Governor concerning all proposed regional land transportation plans and transportation improvement programs prepared by metropolitan planning organizations wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to negotiate with such metropolitan planning organizations concerning changes or amendments to such plans which may be recommended by the authority or the Governor consistent

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with applicable federal law and regulation, and to adopt such regional plans as all or a portion of its own regional plans Reserved;"

SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

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 Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles N Bearden N Beasley-Teague N Benfield N Benton N Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Crawford E Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey N Dickson N Dobbs Y Dollar N Dooley N Drenner
Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson N Floyd N Fludd N Franklin N Frazier Y Fullerton
Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield N Heard

N Heckstall Y Hembree N Henson E Hill, C N Hill, C.A Y Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C N 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 N Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B N Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal N Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece N Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L N Smith, R N Smith, T N Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M N Williams, R N Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 90, nays 84.

The chair voted "aye".

On the passage of the Bill, by substitute, the ayes were 91, nays 84.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Hatfield of the 177th moved that the House reconsider its action in giving the requisite constitutional majority to SB 200.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin Y Baker N Barnard N Battles N Bearden Y Beasley-Teague Y Benfield Y Benton
Black Y Brooks Y Bruce N Bryant Y Buckner N Burkhalter N Burns N Butler Y Byrd Y Carter, A N Carter, B N Casas N Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins, D Y Collins, T N Cooper N Cox

Y Crawford E Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs N Dollar Y Dooley Y Drenner Y Dukes N Ehrhart N England E Epps, C Y Epps, J N Everson N Floyd Y Fludd Y Franklin Y Frazier N Fullerton Y Gardner N Geisinger Y Glanton N Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner N Harbin N Harden, B N Harden, M Y Hatfield Y Heard

Y Heckstall N Hembree Y Henson E Hill, C N Hill, C.A N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James 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 Y Lane, B N Lane, R Y Levitas N Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B Y Maddox, G Y Mangham

N Manning Y Marin N Martin N Maxwell N May Y Mayo N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell N Morgan
Morris Y Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal Y Parham N Parrish N Parsons N Peake Y Porter Y Powell, A N Powell, J N Pruett N Ralston N Ramsey Y Randall Y Reece Y Reese N Rice N Roberts Y Rogers

N Rynders N Scott, A N Scott, M N Sellier N Setzler Y Shaw N Sheldon Y Shipp N Sims, B N Sims, C Y Sinkfield N Smith, B N Smith, L Y Smith, R Y Smith, T N Smith, V Y Smyre Y Stephens, M N Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker N Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R Y Wix N Yates
Richardson, Speaker

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On the motion, the ayes were 77, nays 97.
The motion was lost.
House of Representatives Atlanta, Georgia 30334
Rep. Ed Setzler SB-200/LC 34 2316ERS
My "yea" vote on SB-200 was based on a commitment from legislative leaders to adequately address important house member concerns in the conference committee process.
/s/ Ed Setzler
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 101. By Representatives Hamilton of the 23rd, Smith of the 129th, Everson of the 106th, Graves of the 12th, Glanton of the 76th and others:
A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the erection, placement, or maintenance of unlawful or unauthorized structures, so as to limit certain prohibitions upon advertising in or on transit agencies' vehicles and facilities; 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 173. By Representatives Levitas of the 82nd, Coan of the 101st, Smith of the 131st, Parrish of the 156th, Bearden of the 68th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal or void contracts generally, so as to repeal Code Section 13-8-2.1, relating to contracts in partial restraint of

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trade; to provide a statement of legislative findings; to define certain terms; to provide for applicability; to provide for the enforcement of contracts that restrict or prohibit competition in certain commercial agreements; to provide for the judicial enforcement of such provisions; to provide for the modification of such provisions; to provide for rebuttable presumptions; to provide for related matters; to provide for a contingent effective date, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 184. By Representatives Frazier of the 123rd, Williams of the 89th, Amerson of the 9th, Nix of the 69th, Brooks of the 63rd and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, so as to provide for the public dissemination of information relating to sickle cell disease; 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 186. By Representatives Martin of the 47th, Drenner of the 86th and Cox of the 102nd:
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.
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 163. By Senators Balfour of the 9th, Harbison of the 15th, Thomas of the 54th and Orrock of the 36th:

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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 authorize the commissioner of human resources to appoint a diabetes coordinator; to provide for the department to serve as the central repository of diabetes treatment and prevention data; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to authorize the commissioner of human resources to appoint a diabetes coordinator; to provide for the Division of Public Health of the department to serve as the central repository of diabetes treatment and prevention data; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by adding a new Code section to read as follows:
"31-2-10. The commissioner is authorized to appoint a diabetes coordinator within the Division of Public Health of the department to coordinate with other state departments and agencies to ensure that all programs that impact the prevention and treatment of diabetes are coordinated, that duplication of efforts are minimized, and that the impact of such programs is maximized in an attempt to reduce the health consequences and complications of diabetes in Georgia. The Division of Public Health of the department shall serve as the central repository for this state's departments and agencies for data related to the prevention and treatment of diabetes."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 E Cole Y Coleman Y Collins, D
Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 171, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker Pro Tem assumed the Chair.

The following messages were 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:

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HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th:
A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 243. By Representatives Pruett of the 144th, Sellier of the 136th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 221. By Representatives Willard of the 49th, Ralston of the 7th, Lindsey of the 54th and Oliver of the 83rd:
A BILL to be entitled an Act to amend Chapter 6 of Title 9 of the Official Code of Georgia Annotated, relating to extraordinary writs, so as to provide that no writ of mandamus or writ of prohibition to compel the removal of a superior court judge shall issue where no motion to recuse has been filed in a timely manner or where a motion to recuse has been denied; to repeal conflicting laws; and for other purposes.

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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 277. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:
A BILL to be entitled an Act to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a short title; to provide for definitions; to create the Georgia 2020 Transportation Trust Fund Oversight Committee and to provide for its membership, powers, and duties; to provide criteria for expenditures from the Transportation Trust Fund; to provide for allocation of funds from the trust fund; to provide a list of programs or projects to be funded through the trust fund; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to implement the additional 1 percent special transportation sales and use tax; to provide for related matters; to provide for multiple effective dates and automatic repeal; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Mullis of the 53rd, Reed of the 35th, and Wiles of the 37th.
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 206. By Representatives Smith of the 129th, Harbin of the 118th, Sheldon of the 105th, Burkhalter of the 50th, Shaw of the 176th and others:
A RESOLUTION proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund; to provide for a levy of a 1 percent sales and use tax on the purchase of tangible goods and certain services at retail; to provide for the deposit of the proceeds of such tax into such trust fund; to provide for the governance and oversight of such trust fund; to provide for the administration of such trust fund; to provide for the authority of the General Assembly with respect to the foregoing; 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.

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The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Mullis of the 53rd, Reed of the 35th, and Wiles of the 37th.
Mr. Speaker:
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 26. By Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Smith of the 52nd and others:
A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to limit the disclosure of certain private information of firefighters; 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 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st:
A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; to provide for related matters; 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 bill of the House:
HB 147. By Representatives Talton of the 145th, O`Neal of the 146th, Randall of the 138th, Lucas of the 139th and Everson of the 106th:
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 certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 217. By Representatives Pruett of the 144th, Channell of the 116th, Carter of the 159th, Cooper of the 41st, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the use of influenza vaccine orders for a group of patients; to provide for influenza vaccine protocol agreements between physicians and pharmacists or nurses; to provide for definitions; to provide requirements for the content of influenza vaccine protocol agreements; to provide that a party to an influenza vaccine protocol agreement shall not delegate his or her authority; to provide for statutory construction; to provide for rules and regulations; to provide for limited liability; to provide for applicability; 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 164. By Senators Balfour of the 9th, Tarver of the 22nd, Mullis of the 53rd, Stoner of the 6th, Williams of the 19th and others:
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 control of signs and signals on the state highway system, so as to provide for certain height limitations on such signs; to allow owners of legally erected and maintained signs to obtain permits to remove vegetation from the viewing zones of their signs if certain specified conditions are met; to provide for procedures, fees, and penalties related to the foregoing; to provide for stages of implementation by department districts; to provide for severability; 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 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state highway system, so as to provide for certain height limitations on such signs; to allow owners of legally erected and maintained signs to obtain permits to remove vegetation from the view zones of their signs if certain specified conditions are met; to provide for procedures, fees, and penalties

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4845

related to the foregoing; to provide for stages of implementation by department districts; to provide for renewal of all permits on April 1; to provide for severability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state highway system, is amended in Code Section 32-6-75, relating to restrictions on outdoor advertising signs authorized by Code Sections 32-6-72 and 32-6-73, by striking "or" at the end of paragraph (20) of subsection (a), by striking the period at the end of paragraph (21) of subsection (a) and inserting in lieu thereof a semicolon, and by adding at the end of subsection (a) two new paragraphs to read as follows:
"(22) After July 1, 2009, exceeds 75 feet in height as measured from the base of the sign or the crown of the adjacent roadway to which the sign is permitted, whichever is higher. Preexisting signs in excess of 75 feet in height shall not be deemed nonconforming by reason of their height; or (23) After July 1, 2009, is erected without the sign owner providing, on or before 30 days after the completion of construction, one copy of the structural drawings of the sign structure stamped and signed by a registered professional engineer licensed in the State of Georgia to the department for its records."
SECTION 2. Said part is further amended in Code Section 32-6-75.3, relating to applications for tree trimming permits and annual renewals and criteria for trimming trees or vegetation, by deleting the paragraph (1) designation from subsection (b), by repealing paragraph (2) of subsection (b) in its entirety, and by revising paragraph (1) of subsection (e) as follows:
"(e)(1) The department shall evaluate each application for a permit under this Code section and require as a condition of granting any permit under this Code section that the value of the landscaping to be either provided or paid for by the applicant is not less than the department's appraised value of the benefit to be conferred by the state upon the applicant by allowing the trimming or removing of trees or other vegetation as requested, which shall be the value of the trees or vegetation to be trimmed or removed; provided, however, that a permit may be granted to an otherwise qualified applicant in a case where the value of the landscaping to be either provided or paid for by the applicant is less than the department's appraised value of the trees or other vegetation to be trimmed or removed if, in addition, the applicant pays to the department an amount equal to the amount of the difference between the value of the landscaping to be either provided or paid for by the applicant and the department's appraised value of the trees or other vegetation to be trimmed or removed outdoor advertising permit holder submit a vegetation fee of $4,000.00, which shall be

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deposited in the Roadside Enhancement and Beautification Fund for grants approved by the Roadside Enhancement and Beautification Council for roadside beautification projects. Such funds shall not be used to plant vegetation that will block or diminish motorists' view of outdoor advertising signs."
SECTION 3. Said part is further amended by adding a new Code section to read as follows:
"32-6-75.4. (a) As used in this Code section, the term:
(1) 'Abandoned sign' means any sign adjacent to a state-controlled route that is not structurally safe and in good repair or which has not contained a message for six consecutive months and which has not had a message displayed within 30 days after receipt of notice by certified mail from the department. The addition of a 'for rent' panel or a phone number does not qualify as a 'message' for purposes of this Code section, but advertising copy benefitting charitable, nonprofit, religious, or other noncommercial groups shall qualify. (2) 'Beautification plan' means an agreement between the department and the outdoor advertising permit holder describing the replacement landscaping which will be installed at the work site by the permit holder, listing the type or types of trees to be planted, the size of such plantings, and the numbers of each tree type. (3) 'Removal' or 'removed' means the elimination of trees or other vegetation from a view zone. (4) 'Replacement landscaping' means department approved vegetation that is planted and maintained in the area of the right of way where vegetation has been removed pursuant to a vegetation permit. (5) 'Self-promotional advertisement' means an advertisement covering more than 75 percent of at least one advertising surface of a sign and including more than simply a phone number. Copy covering only a fraction of the surface of a sign, or copy including only a phone number, shall not be a self-promotional advertisement. (6) 'View zone' for purposes of this Code section means an area extending from the sign to the roadway which shall be angled to maximize the visibility of the sign to passing motorists but not exceed:
(A) Two hundred seventy-five feet along the right of way fence or boundary; and (B) Five hundred feet along the edge of the roadway pavement. (7) 'Work site' means the specific section of the right of way between the beginning and end point of the approved view zone where vegetation removal is to be performed. (b) In accordance with the provisions of this Code section, upon submission and review of a properly executed and completed application, the department shall issue a permit for the removal of vegetation located on the right of way of any controlled highway adjacent to a sign which was legally erected under a department permit prior to July 1, 2009, whenever such vegetation prevents an unobstructed view zone to the sign from the main traveled way of such highway.

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(c) Permit requirements: (1) No vegetation shall be removed under this Code section other than that which lies within a view zone. The conditions of vegetation removal pursuant to this Code section shall in no way be limited pursuant to limitations found in Code Section 32-675.3. (1.1) The proceeds from the sale of any vegetation removed pursuant to this Code section shall be submitted to the department and deposited in the Roadside Enhancement and Beautification Fund. (2) No more vegetation shall be removed pursuant to a vegetation permit than is necessary to ensure that a sign has a view zone. The outdoor advertising permit holder shall be able to remove vegetation within the original scope of the permit without the need for future applications when an annual renewal fee of $50.00 is current. (3) No vegetation along the right of way of a highway on the controlled system within the view zone of a department permitted outdoor advertising sign shall be removed by any nondepartment personnel other than in accordance with this Code section. (4) In order to obtain a vegetation permit for signs which exceed 75 feet in height, as measured from the base of the sign or crown of the adjacent roadway to which the sign is permitted, whichever is higher, the owner of the sign must agree to reduce the sign to 75 feet in height or less unless lowering is precluded by local code or regulation. The department shall have the authority to revoke the sign permit of any permit holder who does not lower the sign within 30 days of removing the vegetation unless lowering is precluded by local code or regulation. Signs which exceed 75 feet in height, as measured from the base of the sign or crown of the adjacent roadway to which the sign is permitted, whichever is higher, that are not reduced in height within such time frame shall be subject to the penalties outlined in this Code section, and the performance bond shall be forfeit. Upon completion of any project which reduces sign height by use of a new support mechanism, such as a new pole, the sign owner shall provide the department a written footer inspection from the applicable local or county or a licensed engineer. (5) The department shall have the right to refuse to issue any vegetation permits to any person, firm, or entity which the department determines is maintaining or is allowing to be maintained any abandoned signs, until such abandoned signs are removed or brought into compliance with this part. (6) No permit holder shall have in their inventory of signs in Georgia any sign which depicts sexually suggestive imagery, obscene material, as that term is defined in Code Section 16-12-80, or material that is in direct conflict with the local jurisdiction's obscenity ordinance. (7) No removal of any landmark, historic, or specimen tree species shall be permitted under this Code section. For purposes of this paragraph, the term: (A) 'Landmark tree' means a tree or group of trees that:

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(i) Have been planted and maintained for educational purposes for more than 75 years; (ii) Were planted as a memorial to an individual, group, event, or cause and are more than 75 years old; or (iii) Symbolize a historically significant individual, place, event, or contribution, as recognized by a unit of government. (B) 'Historic tree' means a tree or group of trees that are reasonably determined by the department to be: (i) Identified by a unit of government to recognize an individual or group; (ii) Located at the site of a historic event and significantly impact an individual's perception of the event; (iii) Dated to the time of a historic event at the location of the tree, as identified by a unit of government; or (iv) Confirmed as the progeny of a tree that meets any of the above criteria. (C) 'Specimen tree' means a hardwood tree or group of hardwood trees that is determined to be in excess of 75 years of age as determined by a registered forester or arborist. (8) No removal of any tree planted prior to January 1, 2009, as part of any local, state, or federal government or specifically identified beautification project shall be permitted under this Code section unless written approval is obtained from the sponsoring jurisdiction. (9) When vegetation is removed and the department determines that no replacement landscaping shall be installed in the view zone, all root masses must remain intact in order to ensure there is no soil disturbance. All substantial deposits of saw dust and wood chip piles created from the removal of vegetation shall be disposed of or dispersed in accordance with department policies. (10) The department shall deny a vegetation permit application to the extent: (A) The application is for the opening of view to a sign which is illegal, in violation of any of the terms of its outdoor advertising permit, or is currently involved in litigation with the department; (B) The vegetation was planted as a designated noise barrier, visual barrier, or to provide erosion control, in which case the application shall be approved only to allow cutting which will not remove such planted vegetation; (C) The proposed removal would open views to a commercial junkyard for automotive vehicles, in which case the application shall be approved only to allow cutting which will not further expose the junkyard to motorists; or (D) The work site is within 1,000 feet of a state-designated scenic area. (11) Replacement landscaping: (A) In exchange for permission to remove existing vegetation as outlined in this Code section, the outdoor advertising permit holder shall acquire, install, and maintain replacement landscaping and adhere to the policy set forth by the department in coordination with the Roadside Enhancement and Beautification Council. The vegetation fee, as prescribed in paragraph (1) of subsection (e) of this

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Code section, shall be offset by the costs associated with such replacement landscaping. The department shall not provide any funds to the applicant if the applicant's replacement landscaping planting and maintenance costs exceed $4,000.00. Under no circumstances shall the total amount submitted to the Roadside Enhancement and Beautification Fund after any and all deductions be less than $1,000.00. (B) The location of replacement landscaping shall be in the area of the work site from the pavement of the main traveled way to the right of way fence or boundary. Taller growing species of vegetation may be replaced with approved lower growing varieties within the limits of the work site. (C) Replacement landscaping shall consist of the planting of trees from the list approved by the department. In coordination with the Roadside Enhancement and Beautification Council, the department shall establish such a list on or before the effective date of this Code section and it shall be subject to revision from time to time. All replacement tree plantings must be installed in accordance with the guidelines established by the department to include any applicable planting season and must be performed in accordance with any executive orders regarding planting season. The department shall differentiate trees according to preferred geographic area of the state, if any, and maximum height at maturity. For the safety of wildlife and motorists, the department shall exclude from the approved list any trees that are known to attract deer. An approved replacement landscaping plan shall require the planting of trees in a ratio of twenty-two trees from the department's approved list for each site where a vegetation permit is granted on the right of way. Tree species may only be approved to the extent their height at maturity will not obscure the clear view zone. All single-stemmed replacement trees shall be a minimum of six feet tall at the time of planting, and multi-stemmed vegetation shall be a minimum of three feet tall. If the department determines the applicant's site is not suitable for the default tree replanting plan, the department shall consider the acceptance of a wildflower planting equal to two times the cleared vegetation area, provided the minimal area of the wildflower plot is no smaller than an area of 5,000 square feet. The costs of the wildflower planting shall be paid for and maintained by the permit holder and installed during the appropriate planting seasons as determined by the department and in conjunction with any existing wildflower program for that area and should be located at the work site or at a more suitable area to the work site as determined by the department. (D) The department prior to promulgation and in coordination with the Roadside Enhancement and Beautification Council shall establish a policy regarding the installation and maintenance of all replacement landscaping to be installed by outdoor advertising permit holders. (E) All replacement landscaping must be installed promptly and in no case longer than 90 days after vegetation removal unless a different schedule is required pursuant to department planting guidelines. Outdoor advertising permit holders shall be responsible for erosion control methods as determined by the local

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Environmental Protection Division in cases where the department's planting guidelines do not allow the installation of replacement landscaping within 90 days of vegetation removal. (F) The installation of replacement landscaping must follow federal, state, and local watering guidelines. If such guidelines make the installation of replacement landscaping unsuitable, then a vegetation permit shall still be issued, provided that the outdoor advertising permit holder submits the entire amount of the vegetation fee which shall be deposited in the Roadside Enhancement and Beautification Fund for roadside beautification projects. In any instance where the department issues a vegetation permit but determines that no replacement landscaping is required, it shall deliver as an element of the annual report to be made pursuant to subsection (h) of this Code section a written report describing the site and the reasons that replacement landscaping was deemed unsuitable. Replacement landscaping shall be required in all instances unless it is unsuitable due to geography, departmentapproved fixtures or paving, climatic conditions, or safety concerns. (G) The department may determine that the work site is unsuitable for replacement landscaping based on local standards, unique terrain, or public safety concerns. In such a case, a vegetation permit shall be issued, provided that the outdoor advertising permit holder submits the full vegetation fee which shall be deposited in the Roadside Enhancement and Beautification Fund for roadside beautification projects. Such funds shall not be used to plant vegetation that will block or diminish motorists' view of outdoor advertising signs. (H) The outdoor advertising permit holder has a duty to maintain the replacement landscaping for two years from the last date of installation. If the outdoor advertising permit holder fails to maintain the replacement landscaping as provided for in this Code section, the performance bond outlined in subparagraph (d)(2)(G) of this Code section shall be forfeited. If the outdoor advertising permit holder renews the permit pursuant to paragraph (3) of subsection (d) of Code Section 32-6-75.4 for any period after two years, the permit holder shall be required to maintain the replacement landscaping during the renewal term. If replacement landscaping is installed and the outdoor advertising permit holder renews such permit in subsequent years, they shall be required to enter into a maintenance agreement for the maintenance of the view zone during the renewal period. (d) Permit application process and fees: (1) A vegetation permit must be secured prior to performing any vegetation removal. The permit shall be effective for one year from the date of issuance. Any permitted work not completed during that year shall require the submission of a new application to complete. (2) Permit applications for vegetation removal will be made by the outdoor advertising permit holder upon the forms prescribed and provided by the department and shall contain the signature of the outdoor advertising permit holder. A separate application must be submitted for each view zone. The application must contain all

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required information before a permit will be granted. The following is a list of all required information that must be submitted with the application form:
(A) The name, address, telephone number, facsimile number, and e-mail address of the outdoor advertising permit holder; (B) The name, phone number, and address of the property owner, if easily obtainable; (C) The sign's state permit number; (D) A detailed site plan identifying at a minimum the following items:
(i) The requested limits of the work site for the proposed vegetation removal; (ii) A detailed identification of the requested action, such as removal; (iii) The proposed view zone; (iv) The right of way line within the work site; (v) The method by which work crews will access the right of way; (vi) Proposed method for securing the site on a temporary basis; (vii) The edge of the main traveled way within the work site; (viii) A scale showing the actual distances indicated in the site plan; and (ix) A table or key identifying vegetation or other icons indicated on the site plan; (E) Photographic images of the sign and the existing vegetation at the work site; (F) A certification that all work performed under the permit will be in accordance with the department's policy regarding replacement landscaping installed by the outdoor advertising permit holder; and (G) An acknowledgment by the outdoor advertising permit holder that a performance bond in an amount adequate to ensure the completion of the installation and maintenance of the replacement landscaping and any required sign height reduction must be obtained prior to work beginning. After issuance of the vegetation permit but before any work begins, the original performance bond must be submitted to the department. Work performed without a bond in place shall violate this Code section and be subject to penalties as provided by this Code section. The performance bond shall be released upon final inspection and acceptance of the work by the department. (3) An application fee in the amount of $500.00 shall accompany the application, and both the application and fee shall be submitted to the department. Proceeds from initial application fees shall be retained by the department for outdoor advertising regulatory purposes. There shall be an annual renewal fee of $50.00 if the outdoor advertising permit holder requests to remove vegetation within the original scope of the permit without the need for future applications. Renewal fees shall be deposited in the Roadside Enhancement and Beautification Fund for roadside beautification grants approved by the Roadside Enhancement and Beautification Council. Such funds shall not be used to plant vegetation that will block or diminish motorists' view of outdoor advertising signs. Renewal fees shall be due for each calendar year following the issuance of the vegetation permit and will be due within 45 days of receipt of a renewal notice from the department.

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(4) Within 60 days following receipt of the complete vegetation permit application, the department shall approve or deny the application. If the application is approved, the applicant shall be issued a permit. If the application is denied, the department shall advise the outdoor advertising permit holder, in writing, of the reasons for denial. If the department fails to approve or deny such application within 60 days of receipt, $250.00 of the application fee shall be refunded and the department shall have an additional 30 days, for a total of 90 days, to approve or deny the application. If the department fails to approve or deny such application within 90 days of receipt, the remaining $250.00 of the application fee shall be refunded and the department shall have an additional 30 days, for a total of 120 days, to approve or deny the application. If 120 days pass without department action on a vegetation permit application, it shall be deemed approved and the permit or approval issued within five business days. If the necessary permit or approval is not timely issued, the applicant shall be entitled to perform the work in accordance with the application materials submitted which shall constitute the permit. (e) Vegetation fee: (1) At least 15 days prior to vegetation removal pursuant to an issued permit, the outdoor advertising permit holder shall submit a vegetation fee in an amount equal to $4,000.00 minus the costs associated with acquiring, installing, and maintaining the replacement landscaping which costs shall be submitted by the outdoor advertising permit holder and approved by the department. The costs and expenses associated with acquiring, installing, and maintaining replacement landscaping shall be described in the registered forester's or arborist's signed, written report submitted in conjunction with the application. No adjustment to the vegetation fee shall be made after the permit has been approved and the total amount of such fee shall never exceed $4,000.00. (2) All vegetation fees shall be deposited in the Roadside Enhancement and Beautification Fund for grants approved by the Roadside Enhancement and Beautification Council for roadside beautification projects. Such funds shall not be used to plant vegetation that will block or diminish motorists' view of outdoor advertising signs. (f) Violations: (1) Following notice, hearing, and a finding that a person has removed vegetation in a highway right of way for purposes of outdoor advertising in violation of this Code section, a civil fine of not less than $5,000.00 nor more than $10,000.00, and restitution in an amount equal to the appraised value of the unlawfully removed vegetation, shall be imposed on such person. (2) The department or its authorized agents shall be authorized to enter upon private lands and disassemble and remove signs without civil or criminal liability therefor pursuant to an order issued in accordance with this paragraph and as provided by Code Section 32-6-96 for disassembly and removal of illegal outdoor advertising signs where such order has been upheld in any subsequent administrative or judicial appeals.

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(g) Effective date: (1) This Code section shall become effective on July 1, 2009, and shall be implemented as a three-year pilot program by adding department districts to the program in the following staggered manner: (A) Year one, effective July 1, 2009: First and Fourth department districts; (B) Year two, effective July 1, 2010: add Third, Sixth, and Seventh department districts; and (C) Year three, effective July 1, 2011: add Second and Fifth department districts. (2) As of July 1, 2012, this Code section shall become applicable to all outdoor advertising signs lawfully permitted by the department wherever located unless otherwise determined by the General Assembly. If this Code section has not been repealed on July 1, 2012, Code Section 32-6-73.3 shall automatically be repealed on July 1, 2012. Nothing contained in this Code section shall render any sign existing on July 1, 2009, nonconforming. Nothing in this Code section shall supersede any applicable local rules or ordinances. The department may not deny an applicant a vegetation permit for complying with applicable local rules or ordinances.
(h) The department shall promulgate any forms or policies necessary to implement the program provided for by this Code section within 120 days of the effective date of this Code section. Prior to December 31 of each calendar year, the department shall furnish to the members of the transportation committees of both chambers of the General Assembly and to the Roadside Beautification Enhancement and Beautification Council an annual report to include: (1) the number of vegetation permit applications received by the department; (2) the number of permits issued; (3) the number of permits issued in each department district; (4) the total amount of vegetation fees collected; (5) the total amount of grants issued by the Roadside Enhancement and Beautification Council; and (6) a statement to comply with the provisions of subparagraph (c)(11)(F) of this Code section."
SECTION 4. Said part is further amended by revising subsection (a) of Code Section 32-6-74, relating to applications for permits, fees, and renewals, to read as follows:
"(a) Applications for permits and the renewal thereof authorized by subsections (a) through (d) of Code Section 32-6-79 shall be made to the department upon forms prescribed by the department. The applications shall contain the signature of the applicant and such other information as may be required by the department and shall be verified under oath by the person, firm, or corporation making the application. Permits and renewals thereof shall be issued for and shall be valid only if the sign is erected and maintained in accordance with this part during the 12 month period next following the date of issuance. The fee for the initial issuance of a permit shall be $50.00. The fee for the renewal of a permit shall be $25.00. The money received from permit fees shall be used to help defray the expenses of administering this part, Code Section 48-2-17 to the contrary notwithstanding. Upon receipt of a properly executed application and the appropriate fee for the erection or maintenance of a sign which may be lawfully erected

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or maintained pursuant to this part, the department shall, within 60 days, issue a permit or renewal authorizing the erection or maintenance, or both, of the sign for which application was made except when a person, firm, or corporation is maintaining or allowing the maintenance of an illegal sign as provided for in subsection (f) of Code Section 32-6-79. All permits, to include vegetation permits issued pursuant to Code Sections 32-6-75.3 and 32-6-75.4, shall expire on the first day of April in the year following issuance. Application for the renewal Renewal of a permit or vegetation permit shall be made to the department not more than 90 nor less than 60 30 days before the expiration date of the permit for which renewal is sought. If the department fails to receive the renewal application before the expiration date of the permit, the department will notify the applicant that the renewal application is overdue when the applicant's address is known or reasonably available to the department and shall give the applicant 30 days after the expiration date receipt of such notice to send the department the renewal application. If the applicant does not send the properly executed permit renewal application and the appropriate fee within the specified 30 day period, the sign shall then become an illegal sign. If a vegetation permit renewal application and fee is not submitted within the 30 day period, the vegetation permit shall be cancelled. No permit shall be renewed if the application for the renewal thereof has not been made in accordance with this Code section."
SECTION 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such declaration or adjudication shall affect and invalidate the whole of the smallest section or subsection in which such matter appears herein, but shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional, but would not have passed any section of this Act containing or constituting an invalid or unconstitutional provision.
SECTION 6. This Act shall become effective on July 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.

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4855

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Abrams N Allison N Amerson Y Anderson N Ashe N Austin N Baker Y Barnard N Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks N Bruce Y Bryant N Buckner
Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B
Casas N Chambers Y Channell
Cheokas N Coan E Cole N Coleman Y Collins, D
Collins, T Cooper Y Cox

N Crawford E Davis, H Y Davis, S Y Dawkins-Haigler N Day N Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner Y Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson N Floyd
Fludd Y Franklin N Frazier N Fullerton N Gardner N Geisinger Y Glanton N Golick N Gordon Y Graves N Greene Y Hamilton Y Hanner N Harbin N Harden, B E Harden, M N Hatfield N Heard

N Heckstall Y Hembree N Henson E Hill, C Y Hill, C.A Y Holt Y Horne N Houston N Howard N Hudson N Hugley Y Jackson N Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan N Kaiser Y Keen N Keown Y Knight N Knox Y Lane, B Y Lane, R N Levitas N Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin N Martin Y Maxwell Y May Y Mayo N McCall N McKillip N Meadows N Millar Y Mills N Mitchell N Morgan Y Morris
Mosby Y Murphy Y Neal N Nix N Oliver N O'Neal Y Parham N Parrish Y Parsons Y Peake N Porter E Powell, A N Powell, J Y Pruett N Ralston N Ramsey Y Randall N Reece Y Reese Y Rice Y Roberts N Rogers

Y Rynders Y Scott, A Y Scott, M N Sellier N Setzler Y Shaw E Sheldon N Shipp Y Sims, B N Sims, C N Sinkfield Y Smith, B N Smith, L N Smith, R N Smith, T N Smith, V N Smyre N Stephens, M
Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson N Walker
Weldon N Wilkinson N Willard Y Williams, A Y Williams, E Y Williams, M N Williams, R N Wix N Yates
Richardson, Speaker

On the passage of the Bill, by substitute, the ayes were 74, nays 89.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Sheldon of the 105th was excused on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Burns of the 157th moved that the House reconsider its action in failing to give the requisite constitutional majority to SB 164.

On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam N Abrams N Allison N Amerson Y Anderson N Ashe N Austin N Baker Y Barnard N Battles N Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks
Bruce Y Bryant N Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas N Chambers Y Channell
Cheokas Coan E Cole N Coleman N Collins, D Collins, T Cooper Y Cox

N Crawford E Davis, H Y Davis, S N Dawkins-Haigler N Day N Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner Y Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson N Floyd Y Fludd Y Franklin N Frazier N Fullerton N Gardner N Geisinger Y Glanton N Golick Y Gordon Y Graves N Greene Y Hamilton Y Hanner N Harbin N Harden, B E Harden, M N Hatfield N Heard

N Heckstall Y Hembree N Henson E Hill, C
Hill, C.A Y Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan N Kaiser Y Keen Y Keown Y Knight N Knox Y Lane, B Y Lane, R Y Levitas N Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 85, nays 79.

Y Manning N Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip N Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris
Mosby N Murphy Y Neal N Nix N Oliver Y O'Neal Y Parham N Parrish Y Parsons Y Peake N Porter E Powell, A N Powell, J Y Pruett Y Ralston N Ramsey Y Randall N Reece Y Reese N Rice Y Roberts N Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier N Setzler
Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, L N Smith, R N Smith, T N Smith, V N Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker
Weldon N Wilkinson N Willard N Williams, A Y Williams, E Y Williams, M N Williams, R Y Wix N Yates Y Richardson, Speaker

The motion prevailed.

SB 144. By Senators Shafer of the 48th, Hudgens of the 47th, Hill of the 32nd 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 repeal the requirement that an applicant for an insurance agent's license shall be appointed an agent by an authorized insurer prior to issuance of the license; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan E Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 164, nays 0.

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Bill, having received the requisite constitutional majority, was passed.

SB 246. By Senators Balfour of the 9th, Hawkins of the 49th, Unterman of the 45th and Johnson of the 1st:

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

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detention, so as to provide notice of the release of a child from detention under certain circumstances; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention, so as to provide notice of the release of a child from detention under certain circumstances; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 5 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to arrest and detention, is amended by adding a new Code section to read as follows:
"15-11-51. (a) As used in this Code section, the term:
(1) 'Notice' shall have the same meaning as set forth in Code Section 17-17-3. (2) 'Victim' shall have the same meaning as set forth in Code Section 17-17-3. (3) 'Violent delinquent act' means the commission, attempt to commit, conspiracy to commit, or solicitation of another to commit a delinquent act which if committed by an adult would constitute:
(A) A serious violent felony as defined by Code Section 17-10-6.1; (B) A designated felony as defined by Code Section 15-11-63; (C) Stalking or aggravated stalking as provided by Article 7 of Chapter 5 of Title 16; or (D) Any attempt to commit, conspiracy to commit, or solicitation of another to commit an offense enumerated in subparagraphs (A) through (C) of this paragraph. (b) If a child accused of a violent delinquent act is detained pending adjudication as provided by Code Sections 15-11-46.1 and 15-11-47, the juvenile court intake officer shall provide notice to the victim, whenever practicable, that such child is to be released from detention not less than 24 hours prior to such child's release from detention. (c) Not less than 48 hours prior to the release from detention of a child who has been adjudicated to have committed a violent delinquent act, the juvenile court intake officer shall, whenever practicable, provide notice to the victim of such pending release. (d) Notification need not be given unless the victim has expressed a desire for such notification and has provided the juvenile court intake officer with a current address

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and telephone number. It shall be the duty of the juvenile court intake officer to advise the victim of his or her right to notification and of the requirement of the victim's providing a primary and personal telephone number to which such notification shall be directed."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell
Cheokas Y Coan E Cole Y Coleman

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M

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Y Collins, D Y Collins, T
Cooper Y Cox

Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Reese Y Rice Y Roberts Y Rogers

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.

The Speaker assumed the Chair.

By unanimous consent, the rules were suspended in order that the following Bills of the Senate could be introduced, read the first time and referred to the Committees:

SB 277. By Senator Harp of the 29th:

A BILL to be entitled an Act to provide that the chief magistrate of the Magistrate Court of Troup County shall be a full-time position; to provide for the compensation and qualifications for such chief magistrate; to repeal a certain local Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

SB 279. By Senators Adelman of the 42nd, Jones of the 10th, Thompson of the 5th, Butler of the 55th, Henson of the 41st and others:

A BILL to be entitled an Act to authorize the City of Decatur to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Referred to the Committee on Intragovernmental Coordination - Local.

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 201. By Senators Balfour of the 9th, Buckner of the 44th, Williams of the 19th, Golden of the 8th, Mullis of the 53rd and others:

WEDNESDAY, APRIL 1, 2009

4861

A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for voluntary contributions through individual income tax returns and other mechanisms for cancer research; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for voluntary contributions through individual income tax returns and other mechanisms for cancer research; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, is amended by revising Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian cancer research program fund, as follows:
"31-12-14. (a) The General Assembly finds that it is in the best interest of the state to provide for breast cancer, prostate cancer, and ovarian cancer research programs. In addition to and as a supplement to traditional financing mechanisms for such programs, it is the policy of this state to enable and encourage citizens voluntarily to support such programs. (b) To support programs for breast cancer, prostate cancer, and ovarian cancer research, the department may, without limitation, promote and solicit voluntary contributions through the individual income tax return contribution mechanism established in subsection (e) of this Code section or through any fund raising or other promotional techniques deemed appropriate by the department. (c) There is established a special fund to be known as the 'Breast Cancer, Prostate Cancer, and Ovarian Cancer Research Program Fund.' This fund shall consist of all moneys contributed under subsection (b) of this Code section, all moneys transferred to the department under subsection (e) of this Code section, and any other moneys contributed to this fund. All balances in the fund shall be deposited in an interestbearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The fund shall be administered and the moneys held in the fund shall be expended by the department through contracts

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for cancer research conducted in Georgia of breast cancer, prostate cancer, and ovarian cancer. (d) Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. Contributions shall only be used for research and for administrative costs authorized in paragraph (2) of subsection (e) of this Code section and shall not be used for personnel or administrative positions. The department shall prepare, by February 1 of each year, an accounting of the moneys received and expended from the fund and a review and evaluation of all expended moneys of the fund. The report shall be made available to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the members of the Board of Human Resources, and, upon request, to members of the public.
(e)(1) Unless an earlier date is deemed feasible and is established by the Governor, each Georgia individual income tax return form for taxable years beginning on or after January 1, 2000, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Breast Cancer, Prostate Cancer, and Ovarian Cancer Research Program Fund established in subsection (c) 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 individual 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 individual income tax return who desires to contribute to such fund may designate such contribution as provided in this Code section on the appropriate individual 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 department for deposit in the fund established in subsection (c) of this Code section; provided, however, that the amount retained for administrative costs, including implementation 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."
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, APRIL 1, 2009

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On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 E Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A
Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson E Walker Y Weldon 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.

SB 27.

By Senators Bulloch of the 11th, Heath of the 31st, Hill of the 4th, Pearson of the 51st, Powell of the 23rd and others:

A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create Confederate Heritage and History Month; to provide for legislative

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findings; to encourage observances and celebrations of Confederate Heritage and History Month; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representative Bryant of the 160th moves to amend SB 27 (LC 28 4634S) by inserting on line 4 after "construction;" the following:
to amend Article 3 of Chapter 3 of Title 50, relating to other state symbols, so as to provide that the Ralph Mark Gilbert Civil Rights Museum shall be an official state historical civil rights museum;
By inserting between lines 5 and 6 the following:
SECTION 1. WHEREAS, Savannah has a long and storied role in the civil rights movement, beginning with a meeting between General Sherman and Secretary of War Stanton and twelve Black leaders on January 12, 1865, to discuss the matter of emancipation; and
WHEREAS, the Ralph Mark Gilbert Civil Rights Museum, recently named "Georgia's Best New History Museum" by the Georgia Journal, is named in honor of the late Dr. Ralph Mark Gilbert. The father of Savannah's modern day Civil Rights Movement and fearless National Association for the Advancement of Colored People (NAACP) leader was known for much more than his outspoken campaigns for civil rights. He was a nationally known orator, pulpiteer, and playwright, producing religious dramas, known as passion plays, throughout the country; and
WHEREAS, Dr. Gilbert served as pastor of historic First African Baptist Church on Franklin Square in Savannah for 16 years. In 1942, he reorganized the Savannah Branch NAACP, served as president for eight years and convened the first state conference. Branches from Savannah, Brunswick, Dublin, Atlanta, Columbus, Macon, Albany and three other branches whose identities are uncertain, attended and elected Rev. Ralph Mark Gilbert president. Under his courageous leadership, more than forty NAACP branches were organized in Georgia by 1950; and
WHEREAS, Georgia's best new history museum chronicles the civil rights struggle of Georgia's oldest African American community from slavery to the present. Three floors of handsome photographic and interactive exhibits, includes an NAACP Organization exhibit, a fiber optic map of 87 significant civil rights sites/events, a lunch counter where "sit ins" occurred, segregation exhibits, and video presentation are all part of the continuous education of the public on the history of the civil rights struggle in Savannah and Georgia. The museum is located in historic Savannah in a five level building that

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was erected in 1914 as the Wage Earners Savings and Loan Bank for Black Savannahians, the largest Black bank in the country at that time.

By redesignating Section 1 as Section 2.

By inserting between line 30 and 31 the following:

SECTION 3. Article 3 of Chapter 3 of Title 50, relating to other state symbols, is amended by adding a new Code section to read as follows:
"50-3-85. The Ralph Mark Gilbert Civil Rights Museum is designated an official Georgia historical civil rights museum."

By redesignating Section 2 as Section 4.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague
Benfield Y Benton Y Black
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 Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar
Dooley Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James
Jerguson E 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 Manning Marin Martin
Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills
Mitchell Y Morgan Y Morris N Mosby
Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A
Powell, J

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet
Thomas N Thompson Y Walker Y Weldon

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Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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, as amended, the ayes were 146, nays 10.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Representatives Bruce of the 64th, Dobbs of the 53rd, and Henson of the 87th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be recorded as voting "nay" thereon.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:

HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd:

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 344. By Representatives Davis of the 109th, Barnard of the 166th, Jerguson of the 22nd and Horne of the 71st:

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A BILL to be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize the Department of Corrections to establish and collect additional fees for services rendered to a felony defendant sentenced to a day reporting center; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
HB 371. By Representative Ehrhart of the 36th:
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 for an increase in allowable retirement system fund investment in equities to 75 percent; to change the definition of the term "large retirement system" for purposes of enhanced investment authority; to repeal conflicting laws; and for other purposes.
HB 388. By Representatives Mills of the 25th, Everson of the 106th, Keen of the 179th, Harbin of the 118th, Walker of the 107th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for legislative intent; to provide a short title; to change the definition of "child" to include a human embryo; to provide for definitions; to provide for procedures for embryo adoption; to provide for nonapplicability of certain dependent exemption for income tax purposes; 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 310. By Representatives Gardner of the 57th, Burkhalter of the 50th, Smith of the 70th, Benfield of the 85th, Dobbs of the 53rd and others:
A BILL to be entitled an Act to amend Code Section 12-8-36 of the Official Code of Georgia Annotated, relating to state agency recycling and collection programs, so as to expand the state-wide recycling program for state agencies; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 349. By Representatives Burkhalter of the 50th, Smyre of the 132nd, Brooks of the 63rd, Harbin of the 118th, Everson of the 106th and others:
A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption for a limited period of time with respect to sales of certain tangible personal property to, or used in or for the new construction of, a civil rights museum; to provide for a definition; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 379. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation and exemption regarding income taxes, so as to define certain terms; to disallow expenses paid to certain real estate investment trusts; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bills of the Senate were taken up for consideration and read the third time:
SB 128. By Senators Shafer of the 48th, Hudgens of the 47th, Pearson of the 51st, Hawkins of the 49th, Mullis of the 53rd 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, and so as to provide for the issuances, at the option of the owner, of permanent license plates for boat trailers, utility trailers, and noncommercial cattle and livestock trailers; to provide for fees; to provide that such license plates shall not be transferable; to provide for administration; to provide for an effective date and for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read:
Representative Sims of the 169th moves to amend SB 128 as follows:
After Line (60) add the following
Line 61

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(3) Recreational off road vehicles will be registered and a permanent tag, orange and white in color, emblazoned with "For Off Road Use Only", along with an alphanumeric identification system, under Code Section 40-2-47. The fee shall be $10.00

"renumber Accordingly"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin N Baker
Barnard N Battles N Bearden N Beasley-Teague Y Benfield Y Benton
Black N Brooks N Bruce N Bryant N Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B N Casas Y Chambers N Channell
Cheokas N Coan E Cole N Coleman N Collins, D N Collins, T N Cooper N Cox

Crawford E Davis, H N Davis, S N Dawkins-Haigler N Day N Dempsey N Dickson N Dobbs N Dollar N Dooley Y Drenner N Dukes N Ehrhart N England E Epps, C N Epps, J N Everson N Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner N Geisinger N Glanton N Golick N Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M N Hatfield N Heard

N Heckstall N Hembree Y Henson E Hill, C N Hill, C.A N Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James N Jerguson E Johnson, C N 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 Lindsey N Long N Loudermilk N Lucas N Lunsford N Maddox, B N Maddox, G N Mangham

N Manning N Marin N Martin N Maxwell N May N Mayo N McCall N McKillip N Meadows N Millar N Mills N Mitchell N Morgan N Morris N Mosby N Murphy N Neal N Nix Y Oliver N O'Neal
Parham N Parrish Y Parsons N Peake N Porter E Powell, A N Powell, J
Pruett N Ralston N Ramsey N Randall N Reece N Reese N Rice N Roberts N Rogers

On the adoption of the amendment, the ayes were 11, nays 154.

N Rynders N Scott, A N Scott, M N Sellier N Setzler N Shaw N Sheldon N Shipp N Sims, B Y Sims, C N Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V N Smyre N Stephens, M N Stephens, R Y Stephenson N Talton N Taylor
Teilhet Thomas N Thompson N Walker N Weldon N Wilkinson N Willard N Williams, A N Williams, E N Williams, M N Williams, R N Wix N Yates Richardson, Speaker

The amendment was lost.

The following amendment was read:

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Representative Burns of the 157th moves to amend SB 128 by replacing line 1 with the following:
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the regulation of trailers, to provide for the issuances, at the
By striking line 5 and inserting in lieu thereof the following:
plates shall not be transferable; to provide for administration; to update certain provisions relating to surge brakes; to provide for effective dates;
By inserting between lines 60 and 61 the following:
SECTION 3A. Said title is further amended by revising Code Section 40-8-50, relating to brakes required on motor vehicles, as follows:
"40-8-50. (a) As used in this Code section, the term:
(1) 'Gross combination weight rating (GCWR)' means the combined gross vehicle weight ratings of all vehicles in a combination of vehicles. (2) 'Gross vehicle weight rating (GVWR)' means the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single or a combination (articulated) vehicle, the actual gross weight, or registered gross weight, whichever is greater. (3) 'Hazardous material' has the meaning provided by Chapter 51 of Title 49 of the United States Code Annotated. (4) 'Surge brakes' means a system of brakes on a trailer or semitrailer in which the trailer service brakes are activated as a result of the forward pressure of the trailer against the towing vehicle during deceleration self-contained, permanently closed hydraulic brake system for trailers that relies on inertial forces, developed in response to the braking action of the towing vehicle, applied to a hydraulic device mounted on or connected to the tongue of the trailer to slow down or stop the towed vehicle. (b) Every motor vehicle, other than a motorcycle or motor driven cycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure on any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels. (c) Every motorcycle and motor driven cycle manufactured after January 1, 1974, when operated upon a highway, shall be equipped with at least two brakes which may be operated by hand or foot.

WEDNESDAY, APRIL 1, 2009

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(d) Except as otherwise provided in subsection (e) of this Code section, every trailer or semitrailer of 3,000 pounds gross weight or more shall be equipped with brakes on all wheels. Any farm trailer with two or more wheels, pulled from a tongue, used in or operated for farm purposes, including transporting fertilizer and agricultural materials to the farm, shall not be required to have an independent braking system thereon, provided such farm trailer shall not weigh over 4,000 pounds when empty. (e) Any trailer or semitrailer may utilize surge brakes, subject to the following conditions and limitations:
(1) The gross vehicle weight rating or the actual gross weight of any surge brake equipped trailer or semitrailer does not exceed 20,000 pounds The vehicle or combination of vehicles does not include a vehicle designed or used to transport 16 or more passengers, including the driver; (2) For trailers and semitrailers with a gross vehicle weight rating of 12,000 pounds or less, the gross vehicle weight rating of any such trailer shall not exceed 1.75 times the gross vehicle weight rating of the towing vehicle The trailer or semitrailer has a gross vehicle weight rating which does not exceed 12,000 pounds; (3) For trailers and semitrailers with a gross vehicle weight rating greater than 12,000 pounds, but less than 20,001 pounds, the gross vehicle weight rating of any such trailer shall not exceed 1.25 times the gross vehicle weight rating of the towing vehicle The combination of vehicles does not exceed a gross combination weight rating of 26,000 pounds; (4) The actual gross weight of the trailer or semitrailer and load does not exceed the manufacturer's gross vehicle weight rating; (5) The trailer or semitrailer brakes must be designed and connected in such a manner that in case of accidental breakaway of the towed vehicle the brakes shall apply automatically; and (6) The trailer or semitrailer is not used to transport hazardous materials in a type and quantity which requires placarding; (7) The trailer or semitrailer is not used to transport liquids or gases contained in packaging which exceeds 119 gallons capacity; and (8)(6) For vehicles used for commercial purposes, the vehicle or combination of vehicles is used only in intrastate commerce and complies in all other respects with licensing, insurance, registration, identification, driver and vehicle safety, and hazardous materials regulations of the Department of Public Safety and United States Department of Transportation applicable to such vehicles or combination of vehicles. (f) Where there is no manufacturer's gross vehicle weight rating or the manufacturer's gross vehicle weight rating is exceeded in violation of paragraph (4) of subsection (e) of this Code section, then the actual gross weight of the trailer or semitrailer shall be used to determine compliance with paragraphs (2) and (3) of subsection (e) of this Code section."
By replacing lines 62 and 63 with the following:

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Section 3A of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The remaining sections of this Act shall become effective on January 1, 2010, and shall apply to registration and licensing of trailers on and after such date.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black 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 E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts N Rogers

On the adoption of the amendment, the ayes were 163, nays 2.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor
Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

The amendment was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

WEDNESDAY, APRIL 1, 2009

4873

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts N Rogers

On the passage of the Bill, as amended, the ayes were 167, nays 3.

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor
Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

SB 133. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th and others:

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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 provide for certain compensation that may be received by a health care provider for purposes of sovereign immunity protection; 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 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 revise a definition; to provide for sovereign immunity protection for certain health care professionals in safety net clinics who participate in the Health Share Program; 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. 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 in Code Section 31-8-192, relating to definitions, by revising subparagraph (R) of paragraph (5) as follows:
"(R) Any A safety net clinic, which includes any other medical facility the primary purpose of which is to deliver human dental or medical diagnostic services or which delivers nonsurgical human medical treatment and which includes an office maintained by a provider;"
SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"31-8-195.1. (a) A registered professional nurse, nurse midwife, licensed practical nurse, or advanced practice registered nurse licensed or registered under Chapter 26 of Title 43 who is employed by a safety net clinic that executes a contract with a governmental contractor pursuant to this article shall be considered a state officer or employee for purposes of Article 2 of Chapter 21 of Title 50 while providing health care services pursuant to such contract, so long as such nurse provides nonemergent care and such nurse's total compensation, including all cash and noncash remunerations, does not fluctuate in relation to:
(1) The number of patients served in the clinic; (2) The number of patient visits to the clinic; (3) Treatments in the clinic; or

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(4) Any other fact relating to the number of patient contacts or services rendered pursuant to a contract under this article. (b) A physician licensed pursuant to Chapter 34 of Title 43 or medical resident who provides nonemergent medical care and treatment in a safety net clinic that executes a contract with a governmental contractor pursuant to this article shall be considered a state officer or employee for purposes of Article 2 of Chapter 21 of Title 50 while providing health care services pursuant to such contract, so long as the physician is practicing pursuant to a license issued under Code Section 43-34-45.1 or the physician or resident receives no compensation from the safety net clinic and is on staff at a local or regional hospital and provided that the physician's total compensation, including all cash and noncash remunerations, does not fluctuate in relation to:
(1) The number of patients served in the clinic; (2) The number of patient visits to the clinic; (3) Treatments in the clinic; or (4) Any other fact relating to the number of patient contacts or services rendered pursuant to a contract under this article. (c) No hospital shall require a physician to provide services at a safety net clinic as a condition for granting of staff privileges or for retaining staff privileges at such hospital. (d) This Code section shall be supplemental to all other provisions of law that provide defenses to health care providers. This Code section shall not create any new cause of action against a health care provider or additional liability to health care providers."

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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England

Y Heckstall Y Hembree Y Henson E Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R

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Y Black 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 E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jerguson E 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 2.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

The following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

SB 117. By Senators Powell of the 23rd, Golden of the 8th, Staton of the 18th, Pearson of the 51st, Brown of the 26th 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 revise provisions related to the "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:

Y Abdul-Salaam Y Abrams Y Allison

Y Crawford E Davis, H Y Davis, S

Y Heckstall Y Hembree Y Henson

Y Manning Y Marin Y Martin

Y Rynders Y Scott, A Y Scott, M

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Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Hill, C Hill, C.A
Y Holt E Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 165, nays 1.

Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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 agreed to the House substitute as amended by the Senate to the following bill of the Senate:

SB 207. By Senator Wiles of the 37th:

A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to admit the general public to hearings

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in juvenile court with certain exceptions; to authorize a juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to prohibit the media from publicizing the name, identity, or likeness of any child involved in a juvenile court proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the Division of Family and Children Services to inspect files and records without an order of the court; to provide for related matters; to provide for an effective date and 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 304. By Representatives Porter of the 143rd, Epps of the 140th, Franklin of the 43rd and Scott of the 2nd:
A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to change certain provisions regarding appraisers and assessors going upon property in the performance of their duties; 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 395. By Representatives Wilkinson of the 52nd, Burkhalter of the 50th and Martin of the 47th:
A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning state sales and use taxes, so as to extend the sales and use tax exemption for certain tangible personal property used in direct connection with the construction of certain symphony halls; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Speaker announced the House in recess until 6:00 o'clock, this evening.
The Speaker called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules:

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HR 887. By Representatives Marin of the 96th and Ehrhart of the 36th:
A RESOLUTION recognizing and commending David Cano and inviting him to appear before the House of Representatives; and for other purposes.
The following Resolutions of the House were read:
HR 888. By Representatives Richardson of the 19th, Burkhalter of the 50th and Keen of the 179th:
A RESOLUTION recognizing and commending Dr. R. Kirby Godsey; and for other purposes.
HR 889. By Representatives Sinkfield of the 60th, Shipp of the 58th, Jordan of the 77th, Thompson of the 104th and Bruce of the 64th:
A RESOLUTION congratulating the South Atlanta High School boys basketball team on winning the 2009 Class AAA State Championship; and for other purposes.
HR 890. By Representative Everson of the 106th:
A RESOLUTION commending Cyndee Bonacci; and for other purposes.
HR 891. By Representatives Pruett of the 144th and Porter of the 143rd:
A RESOLUTION recognizing and commending the Middle Georgia College Lady Warriors basketball team; and for other purposes.
HR 892. By Representatives Jones of the 46th, Roberts of the 154th, Sheldon of the 105th and Wilkinson of the 52nd:
A RESOLUTION commending Ms. Kristi Winger on her service as a legislative aide; and for other purposes.
HR 893. By Representatives Wix of the 33rd, Teilhet of the 40th, Johnson of the 37th and Morgan of the 39th:
A RESOLUTION recognizing and commending Mr. David Wilkerson; and for other purposes.
HR 894. By Representatives Stephens of the 164th, Parrish of the 156th, Hatfield of the 177th, Channell of the 116th and Carter of the 159th:

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A RESOLUTION recognizing Georgia's Visitor Information Centers Program; and for other purposes.
HR 895. By Representatives Willard of the 49th, Golick of the 34th, Dobbs of the 53rd, Jacobs of the 80th, Lindsey of the 54th and others:
A RESOLUTION celebrating the birth of Robert Barrett "Bo" Briscione; and for other purposes.
HR 896. By Representative Sims of the 119th:
A RESOLUTION recognizing and commending Ms. Amy Hennessey; and for other purposes.
HR 897. By Representatives Yates of the 73rd, Knight of the 126th and Greene of the 149th:
A RESOLUTION commending Dr. Jesse E. Bradley, Jr.; and for other purposes.
HR 898. By Representatives Yates of the 73rd and Ramsey of the 72nd:
A RESOLUTION recognizing and commending Ms. Shelby Garner; and for other purposes.
HR 899. By Representatives Pruett of the 144th, Cox of the 102nd, Golick of the 34th, Rogers of the 26th, Kaiser of the 59th and others:
A RESOLUTION commending Georgia's Legacy; Older Women! (GLOW) and the 2009 GLOW honorees; and for other purposes.
HR 900. By Representatives Pruett of the 144th, Kaiser of the 59th, McKillip of the 115th, Everson of the 106th, Shipp of the 58th and others:
A RESOLUTION commending the children of the world and recognizing August as International Children's Month; and for other purposes.
HR 901. By Representatives Drenner of the 86th, Benfield of the 85th, Henson of the 87th, Mosby of the 90th and Dawkins-Haigler of the 93rd:
A RESOLUTION recognizing and commending Dr. Anthony Tricoli; and for other purposes.

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HR 902. By Representatives Drenner of the 86th, Benfield of the 85th, Henson of the 87th, Mosby of the 90th and Dawkins-Haigler of the 93rd:
A RESOLUTION recognizing and commending Dr. Robin Hoffman; and for other purposes.
HR 903. By Representative Burkhalter of the 50th:
A RESOLUTION commending Mr. Anthony Simpson on his service as a legislative intern; and for other purposes.
HR 904. By Representatives Geisinger of the 48th, Porter of the 143rd, Sellier of the 136th, Ashe of the 56th, Williams of the 4th and others:
A RESOLUTION recognizing and commending the Skin Cancer Awareness Foundation and its 3rd Annual Save Our Skin 5K Run/Walk event; and for other purposes.
HR 905. By Representatives Carter of the 159th, Bryant of the 160th, Stephens of the 164th, Stephens of the 161st, Gordon of the 162nd and others:
A RESOLUTION expressing regret at the passing of Mr. Ashley K. Dearing, Jr.; and for other purposes.
HR 906. By Representatives Carter of the 159th, Bryant of the 160th, Stephens of the 164th, Stephens of the 161st, Gordon of the 162nd and others:
A RESOLUTION recognizing and commending Mr. Doug J. Marchand; and for other purposes.
HR 907. By Representatives Brooks of the 63rd, Taylor of the 55th, Mangham of the 94th, Smyre of the 132nd, Dawkins-Haigler of the 93rd and others:
A RESOLUTION honoring the life and memory of Mr. John Hope Franklin; and for other purposes.
HR 908. By Representative Beasley-Teague of the 65th:
A RESOLUTION recognizing and commending Bishop Dr. Aaron B. Lackey, Sr.; and for other purposes.
HR 909. By Representatives Casas of the 103rd, Richardson of the 19th, Coleman of the 97th and Burkhalter of the 50th:

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A RESOLUTION recognizing and commending Mrs. Andrea Scruggs on the occasion of her retirement; and for other purposes.
HR 910. By Representatives Benfield of the 85th, Millar of the 79th and Cooper of the 41st:
A RESOLUTION commending the American Heart Association and recognizing March, 2009, as Nutrition Month at the state capitol; and for other purposes.
HR 911. By Representative Powell of the 171st:
A RESOLUTION congratulating the City of Moultrie on the occasion of its sesquicentennial anniversary; and for other purposes.
HR 912. By Representatives Drenner of the 86th, Benfield of the 85th, Henson of the 87th, Mosby of the 90th and Dawkins-Haigler of the 93rd:
A RESOLUTION recognizing and commending Mr. J. Larry Teems; and for other purposes.
HR 913. By Representatives Dawkins-Haigler of the 93rd, Stephenson of the 92nd, Morgan of the 39th, Mangham of the 94th, Mosby of the 90th and others:
A RESOLUTION recognizing April 10, 2009, as 100 Black Women Empowerment Day at the state capitol; and for other purposes.
HR 914. By Representative Epps of the 140th:
A RESOLUTION commending Delta Sigma Theta Sorority, Inc., and recognizing April 26, 2009, as Macon Alumnae Chapter of Delta Sigma Theta Sorority, Inc., Day at the state capitol.
HR 915. By Representative Baker of the 78th:
A RESOLUTION commending the Georgia Recreation and Park Association, Inc., on its Georgia Children's Outdoor Bill of Rights; and for other purposes.
HR 916. By Representatives Drenner of the 86th, Benfield of the 85th, Henson of the 87th, Mosby of the 90th and Dawkins-Haigler of the 93rd:

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A RESOLUTION recognizing and commending Dr. Tanya Gorman; and for other purposes.
HR 917. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending Joseph McWhorter, Trion High School's 2009 STAR Student; and for other purposes.
HR 918. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending Susan McCain, Trion High School's 2009 STAR Teacher; and for other purposes.
HR 919. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending Suzanna Brantley, Chattooga County High School's 2009 STAR Student; and for other purposes.
HR 920. By Representatives Reece of the 11th and Coleman of the 97th:
A RESOLUTION commending Angie Culbert, Chattooga County High School's 2009 STAR Teacher; and for other purposes.
HR 921. By Representative Reece of the 11th:
A RESOLUTION recognizing and commending Paul and Doris Purcell on the occasion of their 50th wedding anniversary; and for other purposes.
HR 922. By Representatives Abdul-Salaam of the 74th and Fludd of the 66th:
A RESOLUTION recognizing and commending Ms. Rashida Muhammad; and for other purposes.
HR 923. By Representative Keown of the 173rd:
A RESOLUTION recognizing and commending Mattison Luke Clanton; and for other purposes.
HR 924. By Representatives Keen of the 179th, Hill of the 180th and Lane of the 167th:
A RESOLUTION recognizing April 19, as Patriots Day at the state capitol; and for other purposes.

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HR 925. By Representatives Maxwell of the 17th and Richardson of the 19th:
A RESOLUTION commending Shelia Jenkins; and for other purposes.
HR 926. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Mr. Ralph White; and for other purposes.
HR 927. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Mr. Craig McDaniel; and for other purposes.
HR 928. By Representatives Dempsey of the 13th and Loudermilk of the 14th:
A RESOLUTION recognizing and commending the Young Marines of Rome, Georgia; and for other purposes.
HR 929. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Mrs. Henrice Berrien; and for other purposes.
HR 930. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Mr. Clarence "Pete" McDonald, Jr.; and for other purposes.
HR 931. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Mr. Ronnie Wallace; and for other purposes.
HR 932. By Representatives Allison of the 8th, Carter of the 159th, Ralston of the 7th and Channell of the 116th:
A RESOLUTION recognizing and commending Mr. Frederic J. Whitley; and for other purposes.
HR 933. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:

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A RESOLUTION commending Krystin Elizabeth Allaire, Coosa High School's 2009 STAR Student; and for other purposes.
HR 934. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:
A RESOLUTION commending Jeffery Kirk, Pepperell High School's 2009 STAR Teacher; and for other purposes.
HR 935. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:
A RESOLUTION commending Dr. Robert McGraw, Pepperell High School's 2009 STAR Teacher; and for other purposes.
HR 936. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:
A RESOLUTION commending Jackie Payne, Coosa High School's 2009 STAR Teacher; and for other purposes.
HR 937. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending Mr. Steven McDowell; and for other purposes.
HR 938. By Representatives Reece of the 11th, Coleman of the 97th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:
A RESOLUTION recognizing and commending Mrs. Suzie Henderson for her outstanding contributions to education; and for other purposes.
HR 939. By Representative Reece of the 11th:
A RESOLUTION recognizing and commending Mrs. Ila W. King on the occasion of her retirement; and for other purposes.
HR 940. By Representative Reece of the 11th:
A RESOLUTION commending Coosa High School and recognizing May as Youth Safety Month; and for other purposes.

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HR 941. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:
A RESOLUTION commending Zachary Greg Johnson, Pepperell High School's 2009 STAR Student; and for other purposes.
HR 942. By Representatives Smith of the 113th, Stephens of the 164th, Parrish of the 156th, Channell of the 116th, Porter of the 143rd and others:
A RESOLUTION recognizing and commending Mrs. Ginger Taylor; and for other purposes.
HR 943. By Representatives Smyre of the 132nd, Richardson of the 19th, Burkhalter of the 50th, Porter of the 143rd, Hugley of the 133rd and others:
A RESOLUTION recognizing and commending Mr. Khalil Johnson on the occasion of his retirement; and for other purposes.
HR 944. By Representatives Knight of the 126th and Yates of the 73rd:
A RESOLUTION recognizing and commending the Spalding County 4-H program and its Project S.A.F.E. participants; and for other purposes.
HR 945. By Representative Dempsey of the 13th:
A RESOLUTION recognizing and commending David and Susan Harvey; and for other purposes.
HR 946. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:
A RESOLUTION commending Sharlie M. Puff, Pepperell High School's 2009 STAR Student; and for other purposes.
HR 947. By Representative Greene of the 149th:
A RESOLUTION recognizing and commending the Laird and Galloway families; and for other purposes.
HR 948. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing and commending Lieutenant David Williams; and for other purposes.

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HR 949. By Representative Abdul-Salaam of the 74th:

A RESOLUTION recognizing and commending Ms. Linda Mosley-Jones; and for other purposes.

HR 950. By Representative Cox of the 102nd:

A RESOLUTION commending Henry Charles "Chase" Thomas; and for other purposes.

HR 951. By Representative Smith of the 131st:

A RESOLUTION recognizing and commending Mr. Brice Patterson; and for other purposes.

HR 952. By Representatives Scott of the 153rd, Harbin of the 118th, Sims of the 119th, Cooper of the 41st, Howard of the 121st and others:

A RESOLUTION honoring Dr. Daniel W. Rahn for his innumerable accomplishments as President of the Medical College of Georgia and Senior Vice Chancellor for Health and Medical Programs for the University System of Georgia; and for other purposes.

HR 953. By Representatives Setzler of the 35th, Yates of the 73rd and Everson of the 106th:

A RESOLUTION recognizing and commending Miss Micenna Brooks; and for other purposes.

HR 954. By Representative Abdul-Salaam of the 74th:

A RESOLUTION recognizing and commending Hosea Feed the Hungry and Homeless; and for other purposes.

On the adoption of the Resolutions, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs

Y Heckstall Y Hembree
Henson E Hill, C
Hill, C.A Y Holt Y Horne Y Houston

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp

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Y Barnard Y Battles E Bearden Y Beasley-Teague E Benfield Y Benton Y Black 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 E Cole
Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Dollar Y Dooley
Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J
Everson Y Floyd Y Fludd
Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner
Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett Y Ralston
Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the adoption of the Resolutions, the ayes were 155, nays 0.

Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor
Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Resolutions were adopted.

The following Bills of the House were taken up for the purpose of considering the Senate action thereon:

HB 193. By Representatives Graves of the 12th, Casas of the 103rd, Maxwell of the 17th, May of the 111th, Benton of the 31st and others:

A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The following Senate substitute was read:
A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to revise provisions relating to unlawful disruption of or interference with the operation of public schools or public school buses; to provide that a mental state of knowledge and intention or recklessness may be an element of such offense; to provide for an effective date and for applicability; 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-151, relating to general and career education programs, by revising subparagraph (b)(1)(A) as follows:
"(1)(A) All local school systems may offer a full-day kindergarten program. For purposes of this subsection, the term 'full-day basis kindergarten program' means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year, or the equivalent thereof as determined in accordance with State Board of Education guidelines."
SECTION 2. Said chapter is further amended in Code Section 20-2-168, relating to distribution of federal funds, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation, by revising paragraph (1) of subsection (c) as follows:
"(c)(1) Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article may provide each eligible student with access to no less than 180 school days of education each fiscal year, or the equivalent thereof as determined in accordance with State Board of Education guidelines. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, or the equivalent thereof; shall define the length of the school day, based on a 180 day school year, and equivalent lengths; and shall provide that all public

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elementary and secondary schools, may beginning in the 2010-2011 school year, may be closed for instruction on November 11 of each year as determined by each local board of education to enable students, teachers, and administrators to participate in Veterans Day programs to honor veterans of the armed forces."
SECTION 3. Said chapter is further amended in Code Section 20-2-187, relating to state-wide school lunch program, instruction in nutrition, hygiene, etiquette, and social graces, and school food and nutrition, by amending paragraph (2) of subsection (c) as follows:
"(2) The base payment shall be calculated on the basis of an annual number of hours (190 days multiplied by eight hours) 1,520 hours in an annual school year for a fulltime equivalent school lunch position, multiplied by an amount not less than $161.00 per month for 12 months. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The state board shall annually establish a state performance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year."
SECTION 4. Said chapter is further amended in Code Section 20-2-306, relating to honors program and residential high school program, by revising subsection (b) as follows:
"(b) The State Board of Education is authorized to inaugurate and operate a residential high school program for highly gifted and talented youth of this state. This residential high school program shall consist only of students in the eleventh and twelfth grades. Enrollment shall be by student application and on a voluntary basis; provided, however, that the parent or legal guardian of each student must have signed an agreement authorizing enrollment in this program. This program shall be operated during the normal school year for a minimum of 180 days, or the equivalent thereof as determined in accordance with State Board of Education guidelines, in cooperation with one or more of the state universities or colleges from funds provided by the General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia concerning the operation and sharing of costs of this program. The state board shall prescribe policy, regulations, standards, and criteria as needed for the effective operation of this program."
SECTION 5. Said chapter is further amended in Code Section 20-2-942, relating to procedure for nonrenewal after acceptance by teacher of school year contract for fourth consecutive school year, procedure for nonrenewal by another local board of education, professional certificated personnel, rights of school administrators, and tenure, by revising paragraph (2) of subsection (a) as follows:

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"(2) 'School year' means a period of at least 180 school days, or the equivalent thereof as determined in accordance with State Board of Education guidelines, beginning in or about September and ending in or about June."
SECTION 5A. Said chapter is further amended by revising Code Section 20-2-1181, relating to unlawful disruption of or interference with the operation of public schools or public school buses, as follows:
"20-2-1181. It shall be unlawful for any person to knowingly and intentionally or recklessly disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local school boards of education. Any person violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 5B. Said chapter is further amended by revising Code Section 20-2-147, relating to instructional activity concerning Veterans Day, as follows:
"20-2-147. On a school day on or immediately preceding or as close to the annual observance of Veterans Day as practicable as determined by a school's scheduled curriculum, each elementary and secondary school may provide for instructional activity focusing on the contributions of veterans and the importance of the armed forces of the United States. Beginning in the 2010-2011 school year, public elementary and secondary schools may be closed on Veterans Day as provided in paragraph (1) of subsection (c) of Code Section 20-2-168."
SECTION 5C. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5A of this Act shall apply with respect to conduct on or after that date, and conduct prior to that date shall continue to be governed by prior law.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Graves moves to amend HB 193 (SCSFA/2) by striking lines 6 through 8 and inserting in lieu thereof the following:
definition of the term "school year" relating to teacher contracts; to provide that a mental state of knowledge and intention or recklessness may be an

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By striking lines 79 through 87.

By redesignating Section 5C as Section 5B.

Representative Graves of the 12th moved that the House agree to the Senate substitute, as amended by the House, to HB 193.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe
Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell N Cheokas Y Coan E Cole
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 155, nays 3.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett Y Ralston
Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier N Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor
Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

The motion prevailed.

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Representative Buckner of the 130th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 476. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, so as to provide that certain provisions relating to continued employment or reemployment shall not apply to certain members; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To provide for the reform of certain features of certain public retirement systems; 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 an employing unit shall pay to the retirement system the actuarial cost of granting an employee a salary increase in excess of 5 percent during the 12 months prior to such employee's retirement; to provide that the computation of a retirement benefit for persons who become members on or after July 1, 2009, shall not include a compensation increase in the last 12 months of employment which exceeds 5 percent; to clarify provisions relative to a death benefit for certain members of such retirement system; to provide for the authority to increase liability contribution rates for certain members; to amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, so as to provide that certain provisions relating to continued employment or reemployment shall not apply to certain members; 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 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended in Code Section 47-2-120, relating to retirement allowances, by adding a new subsection to read as follows:
"(f) The board of trustees shall cause the actuary for the retirement system to calculate the actuarial cost to the retirement system of any salary increase granted to a member in excess of 5 percent over the 12 months immediately prior to such member's retirement

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date and shall notify the employing unit of such amount. Such notice shall be sent not later than 60 days following such member's retirement date. The employing unit shall pay such amount, together with the cost of such actuarial calculation, as a supplemental employer contribution to the board of trustees not later than the last day of the month following receipt of such notice."
SECTION 2. Said chapter is further amended in subsection (c) of Code Section 47-2-123, relating to allowance payable upon death, disability, or involuntary separation from employment, restrictions on separation for disability, and restrictions on entitlement to involuntary separation benefits, by adding a new paragraph to read as follows:
"(3) In lieu of a death benefit as provided in paragraph (1) of this subsection, a member who first or again becomes a member of the retirement system on or after July 1, 2007, and who has at least 10 years of creditable service and is at least 60 years of age or who is less than 60 years of age and has at least 15 years of creditable service shall upon death receive the equivalent of a service retirement allowance calculated upon the number of years of creditable service attained on the date of death 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."
SECTION 3. Said chapter is further amended by revising Code Section 47-2-222, relating to power to increase liability contribution rates for Department of Public Safety, Department of Natural Resources, and Department of Revenue and transfer of employees, as follows:
"47-2-222. Any other provisions of law to the contrary notwithstanding, the board of trustees may increase the normal and accrued liability employer contribution rates of the Department of Public Safety, the Department of Natural Resources, and the Department of Revenue, the Georgia Bureau of Investigation, the Department of Corrections, the State Board of Pardons and Paroles, and any other agency or authority to an amount set by the board of trustees as actuarially sufficient to fund the employer's cost of the benefits provided in this chapter for groups of employees of such departments. In the event any group of employees of any of such departments is transferred to the administration of any other department or agency, that department or agency shall continue to pay the normal and accrued liability contributions on behalf of such employees at the rate set by the board of trustees."
SECTION 4. Said chapter is further amended in Code Section 47-2-334, relating to service retirement allowance, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provision, by adding a new subsection to read as follows:

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"(j) The board of trustees shall cause the actuary for the retirement system to calculate the actuarial cost to the retirement system of any salary increase granted to a member in excess of 5 percent over the 12 months immediately prior to such member's retirement date and shall notify the employing unit of such amount. Such notice shall be sent not later than 60 days following such member's retirement date. The employing unit shall pay such amount, together with the cost of such actuarial calculation, as a supplemental employer contribution to the board of trustees not later than the last day of the month following receipt of such notice."
SECTION 5. Said chapter is further amended by revising paragraph (2) of Code Section 47-2-353, relating to the calculation of a service retirement allowance for members subject to the provisions of the "Georgia State Employees' Pension and Savings Plan," as follows:
"(2) A monthly pension which, together with the annuity, shall provide a total retirement allowance equal to 1.0 1 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; provided, however, that for members employed on or after July 1, 2009, no salary increase by adjustment in compensation in any manner during the last 12 months, which increase is in excess of 5 percent, shall be included in such computation."
SECTION 6. Said chapter is further amended by revising subsection (a) of Code Section 47-2-356, relating to death allowances and benefits, as follows:
"(a) Any For purposes of calculating a survivor's benefit, 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 deemed to 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 deemed to be eligible to retire forthwith to receive a service retirement allowance."
SECTION 7. Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefits options under the Peace Officers' Annuity and Benefit Fund, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on the death of a member, is amended by revising subsection (g) as follows:

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"(g)(1) Except as provided in paragraphs (2) and (3) of this subsection, any member who again becomes employed as a peace officer after having been placed on retirement under this Code section shall immediately notify the secretary-treasurer of such reemployment. Retirement benefits being paid to such member shall be terminated as of the date of such reemployment and shall remain terminated for the duration of such reemployment. During such period of reemployment, said member shall pay regular monthly dues into this fund. Upon meeting the requirements provided by law, such member shall be entitled to all benefits provided for in Code Sections 47-17-81 and 47-17-82; but such member shall not be entitled to any increase in retirement benefits by virtue of service during the period of reemployment unless such reemployment is for a term of three years or more, in which instance such member may again apply for retirement as if he or she had not previously been retired; and he or she shall be entitled to such benefits as may be provided by law at that time, if he or she so chooses. (2) The provisions of paragraph (1) of this subsection shall not apply to a retired member employed in any capacity for 1,040 hours or less in any calendar year. (3) The provisions of paragraph (1) of this subsection shall not apply to a member otherwise qualified for a normal service retirement under this chapter with at least 30 years of creditable service and who has attained the age of 55. Any such member may continue or reenter employment as a peace officer and shall for all purposes be considered a retired member of this fund; provided, however, that the provisions of this paragraph shall not apply to any person who first or again becomes a member on or after July 1, 2009."

SECTION 8. 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 476.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague E Benfield Y Benton

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R

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Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 168, nays 0.

Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 46. By Representatives Roberts of the 154th, Golick of the 34th, Pruett of the 144th, Cole of the 125th, O`Neal of the 146th and others:

A BILL to be entitled an Act to amend Title 48 of the OC.G.A., relating to revenue and taxation, so as to provide for an exemption for a limited period of time with respect to state sales and use taxes applicable to sales of dyed fuel oils, as defined in paragraph (5.1) of Code Section 48-9-2, which are used exclusively for agricultural purposes, timber growing or harvesting purposes, or mining or construction purposes and used directly by such industry sectors for such purposes and not for highway use as defined in paragraph (8) of Code Section 48-9-2; to provide for legislative findings; 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 ratify an executive order of the Governor suspending the collection of such taxes; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

Amend HB 46 LC 18 7780EC by adding on line 31 after the word "of"........ "The earlier of the last day of the month of the effective date of this act or"

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Representative Roberts of the 154th moved that the House agree to the Senate amendment to HB 46.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe
Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague E Benfield Y Benton Y Black 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 E Cole
Coleman Y Collins, D Y Collins, T Y Cooper
Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves
Greene Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 154, nays 1.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 127. By Representatives Lindsey of the 54th and Willard of the 49th:

A BILL to be entitled an Act to amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to adopt the Uniform Real Property Electronic

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Recording Act; to provide for definitions; to provide for the validity of electronic documents; to provide for the recording of certain documents; to provide for the adoption of rules, regulations, and standardized forms; to provide for uniformity of application and construction; to provide for the relation of this Act to the federal Electronic Signatures in Global and National Commerce Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, so as to adopt the Uniform Real Property Electronic Recording Act; to provide for definitions; to provide for the validity of electronic documents; to provide for the recording of certain documents; to provide for the adoption of rules, regulations, and standardized forms; to provide for uniformity of application and construction; to provide for the relation of this Act to the federal Electronic Signatures in Global and National Commerce Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recordation and registration of deeds and other instruments, is amended in Article 1, relating to recording, by designating the existing matter as Part 1 and adding a new part to read as follows:
"Part 2 44-2-35. This part shall be known and may be cited as the 'Uniform Real Property Electronic Recording Act.'
44-2-36. As used in this part, the term:
(1) 'Authority' means the Georgia Superior Court Clerks' Cooperative Authority established pursuant to Code Section 15-6-94. (2) 'Document' means information that is:
(A) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

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(B) Eligible to be recorded in the land records maintained by the clerk of superior court. (3) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (4) 'Electronic document' means a document that is received by the clerk of superior court in an electronic form. (5) 'Electronic signature' means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. (6) 'Paper document' means a document that is received by the clerk of superior court that is not electronic. (7) '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. (8) '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.
44-2-37. (a) An electronic document prepared and filed in compliance with this part shall satisfy any requirement as a condition for recording that a document be an original, on paper or another tangible medium, or in writing. (b) An electronic signature shall satisfy any requirement as a condition for recording that a document be signed. (c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included by other applicable law, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
44-2-38. A clerk of superior court:
(1) Who implements any of the functions listed in this Code section shall do so in compliance with standards established by the authority; (2) May receive, index, store, archive, and transmit electronic documents; (3) May provide for access to, and search and retrieval of, documents and information by electronic means; (4) Who accepts electronic documents for recording shall continue to accept for filing paper documents as authorized by state law and shall record both electronic documents and paper documents in the same manner as provided for by law;

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(5) For archival purposes, may convert into electronic form paper documents accepted for recording; (6) May convert into electronic form historical documents recorded on paper; (7) May accept electronically any fee or other moneys that the clerk of superior court is authorized to collect; and (8) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to electronically facilitate satisfaction of prior approvals and conditions precedent to recording and on the electronic payment of statutorily required fees and other moneys.
44-2-39. (a) The authority shall adopt rules and regulations and any standardized forms necessary to implement this part. (b) To promote uniform standards and practices and compatibility of technology used within offices of clerks of superior court in this state and recording offices in other states that have enacted or may enact provisions substantially similar to those contained within this part, the authority shall consider when adopting, amending, and repealing its rules and regulations and any standardized forms:
(1) Standards and practices of other jurisdictions; (2) The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association; (3) The views of interested persons and governmental officials and entities; (4) The needs of counties of varying size, population, and resources; and (5) Standards that ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
44-2-39.1. In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact substantially similar provisions.
44-2-39.2. The provisions of this part modify, limit, and supersede 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(c) of that federal act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that federal act, 15 U.S.C. Section 7003(b)."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Lindsey of the 54th moved that the House agree to the Senate substitute to HB 127.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden Y Beasley-Teague E Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A
Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 161, nays 1.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

WEDNESDAY, APRIL 1, 2009

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HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 5 of Title 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by revising paragraph (6) of Code Section 30-5-3, relating to definitions, as follows:
"(6) 'Disabled adult' means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated or has dementia or a related cognitive impairment."
SECTION 2. Said chapter is further amended by revising Code Section 30-5-8, relating to criminal offenses and penalties, as follows:
"30-5-8. (a)(1) In addition to any other provision of law, the abuse, neglect, or exploitation of any disabled adult or elder person shall be unlawful. (2) In addition to any other provision of law, it shall be unlawful for a person to act with the specific intent to abuse, neglect, or commit exploitation of any disabled adult. For purposes of this paragraph only, the term 'disabled adult' means a person 18 years of age or older who is: (A) A resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31; and

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(B) Mentally or physically incapacitated or has dementia or a related cognitive impairment. A long-term care facility shall not be held criminally liable for the actions of a person who is convicted pursuant to this paragraph. Nothing in this paragraph shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided under any other law. (2)(3) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. (b)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor. (c) Any violation of this Code section shall constitute a separate offense."
SECTION 3. 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 457.
The motion prevailed.
HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Civil Practice Act," so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for presumptions regarding service of pleadings by e-mail on an attorney; to provide for a stay of discovery when a motion to dismiss is filed; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Civil Practice Act," is amended by revising subsection (b) of Code Section 9-11-5, relating to service and filing of pleadings subsequent to the original complaint and other papers, as follows:
"(b) Same -- How made. Whenever under this chapter service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him the person to be served or by mailing it to him the person to be served at his the person's last known address or, if no address is known, by leaving it with the clerk of the court. As used in this Code section, the term 'delivery of a copy' means handing it to the attorney or to the party, person to be served or leaving it at his the person to be served's office with his clerk or other a person in charge thereof or, if the such office is closed or the person to be served has no office, leaving it at his the person to be served's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. 'Delivery of a copy' also means transmitting a copy via e-mail in portable document format (PDF) to the person to be served using all e-mail addresses provided pursuant to subsection (f) of this Code section and showing in the subject line of the email message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail is complete upon mailing. Proof of service may be made by certificate of an attorney or of his or her employee, by written admission, by affidavit, or by other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service."
SECTION 2. Said chapter is further amended by adding a new subsection to Code Section 9-11-5, relating to commencement of action and service, to read as follows:
"(f) Electronic service of pleadings. (1) A person to be served may consent to being served with pleadings electronically by: (A) Filing a notice of consent to electronic service and including the person to be served's e-mail address or addresses in such pleading; or (B) Including the person to be served's e-mail address or addresses in or below the signature block of the complaint or answer, as applicable to the person to be served. (2) A person to be served may rescind his or her election to be served with pleadings electronically by filing and serving a notice of such rescission. (3) If a person to be served agrees to electronic service of pleadings, such person to be served bears the responsibility of providing notice of any change in his or her email address or addresses.

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(4) If electronic service of a pleading is made upon a party who is represented by an attorney, and such attorney certifies to the court that he or she did not receive such pleading, it shall be presumed that such pleading was not received unless the serving party disputes the assertion of nonservice, in which case the court shall decide the issue of service of such electronic pleading."
SECTION 3. Said chapter is further amended by revising subsection (e) of Code Section 9-11-6, relating to time, as follows:
"(e) Additional time after service by mail or e-mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served upon him the party by mail or e-mail, three days shall be added to the prescribed period."
SECTION 4. Said chapter is further amended by adding a new subsection to Code Section 9-11-12, relating to answers, defenses, and objections in civil practice, to read as follows:
"(j)(1) Stay of discovery. If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 120 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner; provided, however, that such stay may be extended:
(A) By the court on its own motion; (B) By agreement of the parties, filed with the court; or (C) By order of the court upon motion of a party to extend such stay for good cause. (2) The filing of a motion to dismiss against less than all counts alleged shall only stay discovery related to the challenged claims. (3) Discovery shall be extended for the duration of the stay of discovery imposed by this subsection. (4) Upon a showing of good cause, a court may grant a motion for expedited discovery while the motion to dismiss is pending. Good cause may include, but shall not be limited to, discovery needed because a witness will be unavailable during the discovery period or because a party is seeking an interlocutory injunction. (5) If a motion to dismiss raises defenses set forth in paragraph (2), (3), (5), or (7) of subsection (b) of this Code section, limited discovery needed to respond to such defenses shall be permitted until the court rules on such motion. (6) The provisions of this subsection shall not modify or affect the provisions of paragraph (2) of subsection (f) of Code Section 9-11-23. (7) The court shall decide any motion to dismiss which results in the imposition of a stay of discovery pursuant to this subsection during the time period in which such stay exists."

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SECTION 5. (a) Sections 1 through 3 of this Act shall become effective on January 1, 2010. (b) Section 4 of this Act shall become effective on July 1, 2009, and shall apply to motions to dismiss filed after July 1, 2009. (c) Sections 5 and 6 of this Act shall become effective on July 1, 2009.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Jacobs of the 80th moved that the House disagree to the Senate substitute to HB 29.
The motion prevailed.
HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
Amend HB 529 by deleting on line 14 the words, "if any" and inserting in lieu thereof the following: "or zoning ordinances, as defined by O.C.G.A. Section 36-66-3 if any".
Representative McCall of the 30th moved that the House agree to the Senate amendment to HB 529.
The following amendment was read:
Representatives Porter of the 143rd, Martin of the 47th, and Meadows of the 5th move to amend the Senate amendment to HB 529 by striking "Amend HB 529 by deleting on line 14 the words, 'if any' and inserting in lieu thereof the following: 'or zoning ordinances, as defined by O.C.G.A. Section 36-66-3 if any'." and inserting in lieu thereof the following:
Amend HB 529 by inserting after "zoning" on line 14 "ordinances, as defined in Code Section 36-66-3 or other development regulations including building and subdivision standards, setback requirements, and limitations on land application of waste products used for the purpose of waste disposal except waste generated from agricultural operations".

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On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison N Amerson N Anderson Y Ashe N Austin Y Baker N Barnard N Battles E Bearden Y Beasley-Teague E Benfield N Benton N Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter N Burns N Butler N Byrd Y Carter, A N Carter, B N Casas Y Chambers N Channell N Cheokas Y Coan E Cole Y Coleman Y Collins, D Y Collins, T N Cooper N Cox

Y Crawford E Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs N Dollar Y Dooley Y Drenner Y Dukes N Ehrhart N England E Epps, C Y Epps, J N Everson N Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton N Golick Y Gordon N Graves N Greene N Hamilton N Hanner Y Harbin N Harden, B N Harden, M N Hatfield Y Heard

Y Heckstall N Hembree Y Henson E Hill, C N Hill, C.A N Holt N Horne N Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jerguson E Johnson, C Y Johnson, T
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 Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham

N Manning Y Marin Y Martin N Maxwell N May Y Mayo N McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish Y Parsons N Peake Y Porter E Powell, A N Powell, J N Pruett
Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice N Roberts N Rogers

On the adoption of the amendment, the ayes were 81, nays 84.

N Rynders N Scott, A N Scott, M Y Sellier N Setzler N Shaw E Sheldon Y Shipp N Sims, B Y Sims, C Y Sinkfield Y Smith, B N Smith, L N Smith, R N Smith, T E Smith, V
Smyre Y Stephens, M N Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker N Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix Y Yates
Richardson, Speaker

The amendment was lost.

Representative Porter of the 143rd moved that the House reconsider its action in failing to adopt the Porter amendment.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams

Y Crawford E Davis, H

Y Heckstall N Hembree

N Manning Y Marin

N Rynders N Scott, A

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N Allison N Amerson N Anderson Y Ashe N Austin Y Baker N Barnard N Battles E Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter N Burns N Butler Y Byrd Y Carter, A N Carter, B N Casas Y Chambers N Channell N Cheokas N Coan E Cole Y Coleman N Collins, D Y Collins, T N Cooper N Cox

N Davis, S Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs N Dollar Y Dooley Y Drenner Y Dukes N Ehrhart N England E Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton N Golick Y Gordon N Graves N Greene N Hamilton N Hanner Y Harbin N Harden, B N Harden, M N Hatfield Y Heard

Y Henson E Hill, C N Hill, C.A N Holt N Horne N Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham

On the motion, the ayes were 86, nays 81.

Y Martin N Maxwell N May Y Mayo N McCall Y McKillip Y Meadows
Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish Y Parsons N Peake Y Porter E Powell, A N Powell, J Y Pruett N Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice N Roberts N Rogers

N Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp N Sims, B N Sims, C Y Sinkfield Y Smith, B N Smith, L N Smith, R N Smith, T E Smith, V
Smyre Y Stephens, M Y Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

On the adoption of the Porter amendment, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin Y Baker N Barnard N Battles E Bearden

Y Crawford E Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs N Dollar Y Dooley Y Drenner

Y Heckstall N Hembree Y Henson E Hill, C
Hill, C.A N Holt N Horne N Houston Y Howard Y Hudson Y Hugley

N Manning Y Marin Y Martin N Maxwell N May Y Mayo N McCall Y McKillip Y Meadows N Millar N Mills

N Rynders N Scott, A N Scott, M N Sellier Y Setzler N Shaw E Sheldon Y Shipp N Sims, B Y Sims, C Y Sinkfield

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Y Beasley-Teague Y Benfield N Benton N Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter N Burns N Butler
Byrd Y Carter, A N Carter, B N Casas Y Chambers N Channell N Cheokas N Coan E Cole Y Coleman Y Collins, D Y Collins, T N Cooper N Cox

Y Dukes N Ehrhart N England E Epps, C Y Epps, J N Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton N Golick Y Gordon N Graves N Greene N Hamilton N Hanner Y Harbin N Harden, B N Harden, M N Hatfield Y Heard

Y Jackson Y Jacobs Y James 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 Y Lindsey Y Long N Loudermilk Y Lucas
Lunsford N Maddox, B N Maddox, G Y Mangham

Y Mitchell Y Morgan N Morris Y Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish Y Parsons N Peake Y Porter E Powell, A N Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice N Roberts N Rogers

Y Smith, B N Smith, L N Smith, R N Smith, T E Smith, V Y Smyre Y Stephens, M N Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix Y Yates
Richardson, Speaker

On the adoption of the Porter amendment, the ayes were 83, nays 81.

The amendment was adopted.

Representative Porter of the 143rd moved that the House agree to the Senate amendment, as amended by the House, to HB 529.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin N Baker N Barnard N Battles E Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Brooks Y Bruce

Y Crawford E Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey N Dickson N Dobbs N Dollar N Dooley Y Drenner Y Dukes N Ehrhart N England E Epps, C Y Epps, J N Everson

Y Heckstall N Hembree Y Henson E Hill, C N Hill, C.A N Holt N Horne N Houston N Howard N Hudson Y Hugley Y Jackson N Jacobs N James N Jerguson E Johnson, C Y Johnson, T

N Manning N Marin N Martin N Maxwell N May Y Mayo N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell
Morgan N Morris N Mosby Y Murphy N Neal

N Rynders N Scott, A N Scott, M N Sellier N Setzler N Shaw N Sheldon Y Shipp N Sims, B N Sims, C Y Sinkfield Y Smith, B N Smith, L N Smith, R N Smith, T E Smith, V Y Smyre

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N Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B N Casas N Chambers N Channell N Cheokas N Coan E Cole N Coleman Y Collins, D Y Collins, T N Cooper N Cox

N Floyd Y Fludd N Franklin Y Frazier Y Fullerton N Gardner N Geisinger N Glanton N Golick Y Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M N Hatfield Y Heard

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 Y Lindsey Y Long N Loudermilk Y Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham

On the motion, the ayes were 52, nays 116.

N Nix N Oliver N O'Neal
Parham N Parrish N Parsons N Peake Y Porter E Powell, A N Powell, J N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese N Rice N Roberts N Rogers

Y Stephens, M N Stephens, R N Stephenson N Talton Y Taylor Y Teilhet Y Thomas N Thompson N Walker N Weldon Y Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M N Williams, R Y Wix Y Yates
Richardson, Speaker

The motion was lost.

The House has disagreed.

HB 464. By Representatives Reece of the 11th, Hill of the 21st, Jerguson of the 22nd, Greene of the 149th, Stephens of the 164th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to modify provisions relating to deductions from an inmate account to provide for the payment of certain medication costs; to provide for definitions; to provide for exceptions for payment of medication costs; to provide for related matters; to amend Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of

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an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, so as to provide for requirements for hospitals that provide emergency health care services to state inmates; 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 generally, is amended by revising Code Section 42-5-55, relating to deductions from an inmate account for the payment of certain damages and medical costs, limits on deductions, and fee for managing inmate accounts, as follows:
"42-5-55. (a) As used in this Code section, the term:
(1) 'Chronic illness' means an illness requiring care and treatment over an extended period of time. Chronic illness includes, but is not limited to, hypertension, diabetes, pulmonary illness, a seizure disorder, acquired immune deficiency syndrome, cancer, tuberculosis B, hepatitis C, rheumatoid arthritis, an autoimmune disorder, and renal disease. (2) 'Detention facility' means a state, county, or private correctional institution, workcamp, or other state or county detention facility used for the detention of persons convicted of a felony or a misdemeanor. (2)(3) 'Inmate' means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor. (3)(4) 'Medical treatment' means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician's assistant or a nurse practitioner; registered nurse; licensed practical nurse; medical assistant; dentist; dental hygienist; optometrist; or psychiatrist for examination or treatment. (4)(5) 'Officer in charge' means the warden, captain, or superintendent having the supervision of any detention facility. (b) The commissioner or, in the case of a county or private facility, the officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to: (1) Repay the costs of:
(A) Public property or private property in the case of an inmate housed in a private correctional facility willfully damaged or destroyed by the inmate during his or her incarceration; (B) Medical treatment and prescription medication for injuries inflicted by the inmate upon himself or herself or others unless the inmate has a severe mental health designation as determined by the department; (C) Searching for and apprehending the inmate when he or she escapes or attempts to escape; such costs to be limited to those extraordinary costs incurred as a consequence of the escape; or

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(D) Quelling any riot or other disturbance in which the inmate is unlawfully involved; or (2) Defray the costs paid by the state or county for: (A) Medical medical treatment for an inmate when the request for medical treatment has been initiated by the inmate; and (B) Medication prescribed for the treatment of a medical condition unrelated to pregnancy or a chronic illness. (c) The provisions of paragraph (2) of subsection (b) of this Code section shall in no way relieve the governmental unit, agency, or subdivision having physical custody of an inmate from furnishing him or her with needed medical treatment. (d) Notwithstanding any other provisions of this Code section, the deductions from money credited to the account of an inmate as authorized under subsection (b) of this Code section shall not be made whenever the balance in the inmate's account is $10.00 or less. (e) The officer in charge of any detention facility is authorized to charge a fee for establishing and managing inmate money accounts. Such fee shall not exceed $1.00 per month."
SECTION 1A. Code Section 42-5-2 of the Official Code of Georgia Annotated, relating to responsibilities of a governmental unit with custody of an inmate generally, costs of emergency and follow-up care, and access to medical services or hospital care for inmates, is amended by adding a new subsection to read as follows:
"(c) A hospital authority or hospital which is not a party to a contract with the Georgia Department of Corrections or its agents on July 1, 2009, shall be reimbursed no more than the applicable Georgia Medicaid rate for emergency services provided to such state inmate. For purposes of this subsection, the term 'state inmate' means any inmate for whom the Georgia Department of Corrections shall be responsible for the payment of medical care thereof. Nothing in this Code section shall prohibit the Georgia Department of Corrections from negotiating higher fees or rates with health care providers. It is the intent of the General Assembly that the Georgia Department of Corrections or its agents enter into negotiations with health care providers to contract for the provision of services as 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.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Reece of the 11th moved that the House agree to the Senate substitute to HB 464.

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On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles E Bearden N Beasley-Teague N Benfield Y Benton Y Black N 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 E Cole Y Coleman Y Collins, D N Collins, T
Cooper Y Cox

Y Crawford E Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner N Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Lindsey Y Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 146, nays 16.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett
Ralston Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M
Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 475. By Representatives Cooper of the 41st, Harbin of the 118th, Lindsey of the 54th, Houston of the 170th, Wilkinson of the 52nd 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 revise certain provisions relating to requirements for registered professional nurses in nontraditional nursing

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education programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the requirements for nursing education programs required for licensure as an advanced practice registered nurse, registered professional nurse, or licensed practical nurse; to revise certain provisions relating to requirements for registered professional nurses in nontraditional nursing education programs; to provide for temporary permits for approved preceptorships; 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 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by revising paragraph (1.1) of Code Section 43-26-3, relating to definitions, and adding a new paragraph as follows:
"(1.1) 'Advanced practice registered nurse' means a registered professional nurse licensed under this chapter who is recognized by the board as having met the requirements established by the board to engage in advanced nursing practice and who holds a master's degree or other graduate degree approved by the board from an approved nursing education program and national board certification in his or her area of specialty, or a person who was recognized as an advanced practice registered nurse by the board on or before June 30, 2006. This paragraph shall not be construed to require a certified registered nurse anesthetist who graduated from an approved nurse anesthetist educational program prior to January 1, 1999, to hold a master's degree or other graduate degree. (1.2) 'Approved nursing education program' located in this state means a nursing education program approved by the board as meeting criteria established by the board. An 'approved nursing education program' located outside this state means a nursing education program that the board has determined to meet criteria similar to and not less stringent than criteria established by the board. In order to be approved by the board, a nursing education program must be one that is offered by:
(A) A unit of the University System of Georgia accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (B) An institution of the Technical College System of Georgia accredited by the Commission on Colleges of the Southern Association of Colleges and Schools;

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(C) A nonprofit postsecondary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education; or (D) A proprietary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education."
SECTION 2. Said chapter is further amended by revising Code Section 43-26-7, relating to requirements for licensure as a registered professional nurse, as follows:
"43-26-7. (a) Any applicant who meets the requirements of this Code section shall be eligible for licensure as a registered professional nurse. (b) An applicant for licensure by examination shall:
(1) Submit a completed written application and fee; (2)(A) 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 an approved nursing education program, as defined in Code Section 43-26-3; or (B)(i) Notwithstanding subparagraph (A) of this paragraph, have graduated from a nontraditional nursing education program approved by the board which meets the requirements in subsection (e) of this Code section; and (ii)(I) If entered the nontraditional nursing education program as a licensed practical nurse with at least three years of clinical experience in a health care facility as a licensed practical nurse whose academic education as a licensed practical nurse included clinical training in pediatrics, obstetrics and gynecology, medical-surgical, and mental illness, have completed a 350 hour postgraduate preceptorship arranged by the applicant under the oversight of a registered professional nurse where such applicant is transitioned from the role of a licensed practical nurse to a registered professional nurse. The preceptorship shall have prior approval of the board and successful completion of the preceptorship shall be verified in writing by the preceptor; or (II) If entered the nontraditional nursing education program as (1) a military medical corpsman or paramedic or (2) a licensed practical nurse with less than three years of clinical experience in a health care facility as a licensed practical nurse whose academic training as a licensed practical nurse did not include clinical training in pediatrics, obstetrics and gynecology, medical-surgical, and mental illness, have completed a 700 hour postgraduate preceptorship arranged by the applicant under the oversight of a registered professional nurse and approved by the board. Such preceptorship shall include clinical practice in a health care facility in pediatrics, obstetrics and gynecology, medical-surgical, mental illness, and transition into the role of a registered professional nurse. The preceptorship shall have prior approval of the board and successful completion of the preceptorship shall be verified in writing by the preceptor.

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Applicants who, before July 1, 2008, entered a nontraditional nursing education program which meets the requirements of subsection (e) of this Code section and complete such program no later than June 30, 2011, shall be deemed to meet the criteria of this paragraph; provided, however, that the board shall have the discretion to require additional clinical hours of experience of applicants who (i) did not enter the nontraditional nursing education program as a licensed practical nurse, or (ii) entered the nontraditional nursing education program as a licensed practical nurse but does not have at least one year of clinical experience in a health care facility as a licensed practical nurse, if such applicant's clinical experience is deemed lacking by the board; (3) Pass a board recognized licensing examination; provided, however, that such examination may not be taken prior to graduation from the approved nursing education program. In no way shall the passage of such examination by a graduate of a nontraditional nursing education program who does not meet the other requirements of this subsection be construed to authorize such individual to practice nursing, to require the board to license such individual as a registered professional nurse other than to issue in its sole discretion a temporary permit pursuant to Code Section 43-268, or to be endorsed from another state as a registered professional nurse; (4) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination 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 such background check; and (5) Meet such other criteria as established by the board. (c) An applicant for licensure by endorsement shall: (1) Submit a completed written application and fee; (2)(A) Have passed a board recognized licensing examination following graduation 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; an approved nursing education program, as defined in Code Section 43-26-3; or (B) Notwithstanding subparagraph (A) of this paragraph, have graduated from a nontraditional nursing education program approved by the board which meets the requirements in subsection (e) of this Code section; (3) Submit verification of initial and current licensure in any other licensing jurisdiction administering a board recognized licensing examination; (4)(A) 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 within the four years immediately preceding the date of the application;

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(B) If graduated from a nontraditional nursing education program, have practiced nursing as a registered professional nurse in a health care facility for at least one year in the three years preceding the date of the application and such practice is documented by the applicant and approved by the board; (C) If entered a nontraditional nursing education program as a licensed practical nurse and graduated from such program and practiced nursing as a registered professional nurse in a health care facility for less than one year in the three years preceding the date of the application, have completed a 350 hour postgraduate preceptorship arranged by the applicant under the oversight of a registered professional nurse and where such applicant is transitioned from the role of a licensed practical nurse to a registered professional nurse. The preceptorship shall have prior approval of the board and successful completion of the preceptorship shall be verified in writing by the preceptor; or (D) If entered a nontraditional nursing education program as a military medical corpsman or paramedic and graduated from such program and practiced nursing as a registered professional nurse in a health care facility for less than one year in the three years preceding the date of the application, have completed a 700 hour postgraduate preceptorship arranged by the applicant under the oversight of a registered professional nurse. Such preceptorship shall include clinical practice in a health care facility in pediatrics, obstetrics and gynecology, medical-surgical, mental illness, and transition into the role of a registered professional nurse. The preceptorship shall have prior approval of the board and successful completion of the preceptorship shall be verified in writing by the preceptor; (5) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination 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 such background check; and (6) Meet such other criteria as established by the board. (d) An applicant for reinstatement who has previously held a valid license in Georgia shall: (1) Submit a completed written application and fee; (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 an approved nursing education program, as defined in Code Section 43-26-3, within the four years immediately preceding the date of the application;

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(3) Have satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination 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 such background check; and (4) Meet such other criteria as established by the board. (e) A nontraditional nursing education program shall meet the following requirements: (1) Is part of an institution of higher education that is approved by the appropriate regulatory authorities of its home state; (2) Holds regional and specialty accreditation by an accrediting body or bodies recognized by the United States Secretary of Education or the Council for Higher Education Accreditation; (3) Requires its program applicants to be a licensed practical/vocational nurse, military medical corpsman, or paramedic; (4) Requires its students to pass faculty determined program outcomes including competency based assessments of nursing knowledge and a summative performance assessment of clinical competency of a minimum of 2 1/2 days developed by faculty subject matter experts that follows nationally recognized standards for educational testing; and (5) Its graduates pass a board recognized licensing examination at a rate equivalent to the minimum rate required for board approved traditional nursing education programs."
SECTION 3. Said chapter is further amended by revising Code Section 43-26-8, relating to temporary permits, as follows:
"43-26-8. (a) A temporary permit may be issued to an applicant for licensure by examination, endorsement, or reinstatement in accordance with criteria established by the board. (b) A six-month temporary permit may be issued to a graduate of a nontraditional nursing education program that meets the requirements of subsection (e) of Code Section 43-26-7 to practice nursing only as a part of their board approved preceptorship. A temporary permit issued pursuant to this subsection may be renewed only one time for an additional six-month period."
SECTION 4. Said chapter is further amended by revising Code Section 43-26-32, relating to definitions, by adding a new paragraph to read as follows:

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"(1.1) 'Approved nursing education program' located in this state means a nursing education program approved by the board as meeting criteria established by the board. An 'approved nursing education program' located outside this state means a nursing education program that the board has determined to meet criteria similar to and not less stringent than criteria established by the board. In order to be approved by the board, a nursing education program must be one that is offered by:
(A) A unit of the University System of Georgia accredited by the Commission on Colleges of the Southern Association of Colleges and Schools; (B) An institution of the Technical College System of Georgia; (C) A nonprofit postsecondary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education; or (D) A proprietary institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education."
SECTION 5. Said chapter is further amended by revising subparagraph (a)(1)(C) of Code Section 4326-36, relating to application for licensure, as follows:
"(C) Has graduated from a nursing education program approved by this board or which meets criteria similar to, and not less stringent than, those established by this board an approved nursing education program, as defined in Code Section 43-2632;"
SECTION 6. Said chapter is further amended by revising subsections (a) and (b) of Code Section 4326-38, relating to license by endorsement, as follows:
"(a) The board, at its discretion, may issue a license to practice as a licensed practical nurse, without examination, to any person who has a high school diploma or general educational development (GED) diploma and has been duly licensed or registered as a practical or vocational nurse or who is entitled to perform similar service under a different designation under the laws of another state or territory of the United States if the license or registration in that other state or territory is current and in good standing and was issued based upon completion of an approved program nursing education program, as defined in Code Section 43-26-32, and passage of an examination, which program and examination have has been determined by the board to be substantially equal to or greater than the requirements for licensure as a licensed practical nurse in this state and if such person has engaged in the active practice of practical nursing as a licensed practical nurse within five years immediately preceding the application; provided, however, that the requirement for active practice shall not apply to an applicant who has graduated from an approved nursing education program within one year of the date of application or who was initially licensed within one year of the date of application.

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(b) The board, at its discretion, may issue a license to practice as a licensed practical nurse, with examination, to any person who has a high school diploma or general educational development (GED) diploma and has been duly licensed or registered as a practical or vocational nurse or who is entitled to perform similar service under a different designation under the laws of another state or territory of the United States if the license or registration in that other state or territory is current and in good standing and was issued based upon completion of an approved program nursing education program, as defined in Code Section 43-26-32, substantially equal to or greater than the requirements of such programs in this state, except however, such applicant has not been duly examined according to the prescribed examination approved by this board and if such person has engaged in active practice of practical nursing as a licensed practical nurse within five years immediately preceding the application."

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 Cooper of the 41st moved that the House agree to the Senate substitute to HB 475.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter N Burns
Butler Y Byrd

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart N England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen Y Keown

Y Manning Y Marin
Martin Y Maxwell N May Y Mayo N McCall Y McKillip N Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet

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N Carter, A N Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 150, nays 14.

Y Peake Y Porter E Powell, A Y Powell, J
Pruett Y Ralston E Ramsey
Randall Y Reece Y Reese Y Rice N Roberts Y Rogers

Y Thomas Y Thompson Y Walker Y Weldon N Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:

A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Cooper of the 41st moved that the House insist on its position in substituting SB 244.

The motion prevailed.

HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th, Reece of the 11th and Dawkins-Haigler of the 93rd:

A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

WEDNESDAY, APRIL 1, 2009

4923

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 the option for parents to enroll their child in another school within the local school system or in a school in another local school system; to provide for definitions; to provide for statutory construction; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new article to read as follows:
"ARTICLE 34
20-2-2130. As used in this article, the term:
(1) 'Department' means the Department of Education. (2) 'Parent' means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child. (3) 'Resident school system' means the public school system in which the student would be enrolled based on his or her residence.
20-2-2131. (a) The parent of a student enrolled in a public elementary or secondary school in this state may:
(1)(A) Beginning in school year 2009-2010, elect to enroll such student in a public school that is located within the school system in which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school. (B) No later than July 1, 2009, each local school system shall establish a universal, streamlined process available to all students to implement the transfer requirements of subparagraph (A) of this paragraph. (C) A student who transfers to another school pursuant to this paragraph may, at his or her election, continue to attend such school until the student completes all grades of the school. (D) This paragraph shall not be construed to affect any student currently attending a school other than the school to which the student has been assigned by the local

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board of education pursuant to a transfer authorized under the federal No Child Left Behind Act (P.L. 107-110); or (2) Beginning in school year 2010-2011, request a transfer for the student to attend a public school outside of the student's resident school system. It shall be in the sole discretion of the local board of education, with input from the school council of the desired school, to accept students pursuant to this paragraph. If the parent chooses this option, then the parent shall be responsible for transportation to and from such school. The parent of a student transferring to another school pursuant to this paragraph shall be required to sign a standard contract with the receiving school agreeing that the parent and student will abide by all school rules and procedures and that the violation of any such rules or procedures may result in being removed from the school. If the school accepts the student, such system shall report the student for purposes of funding to the department. The department shall pay to each receiving school through appropriation of state and federal funds an amount equal to the sum of: (A) QBE formula earnings, QBE grants, and federal grants earned by the school based on the school's enrollment, school profile, and student 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; (B) A proportional share of state categorical grants, non-QBE state grants, state equalization grants, and all other state and federal grants; and (C) An amount determined by the department 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 school resides. The total allotment of state and federal funds to the resident school system of a student attending another school pursuant to this paragraph 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 receiving school pursuant to this paragraph. In the event that the total allotment of state and federal funds to the receiving school system is less than the cost to the receiving school system to educate such student, as compared to its resident students, the receiving school system shall be authorized to charge the student tuition for the difference in such amounts. (b) The State Board of Education shall establish a model universal, streamlined process to implement the transfer provisions of this Code section. The process shall provide that the receiving school system notify the resident school system within ten days of accepting a transfer student. Each local board of education shall adopt a universal, streamlined transfer process that includes, at a minimum, such state model. Such local process shall include a deadline for submitting transfer requests.

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4925

(c) Each local school system shall annually notify prior to each school year the parents of each student by letter, electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article. (d) This Code section shall not apply to charter schools. (e) This Code section shall not apply to newly opened schools with available classroom space for a period of four years after the school opens."

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 Morgan of the 39th moved that the House agree to the Senate substitute to HB 251.

The following amendment was read:

Representatives Coleman of the 97th, Dickson of the 6th, and Millar 79th move to amend the Senate substitute to HB 251 as follows:

Delete lines 38 - 81 in Section 1.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe N Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar Y Dooley E Drenner Y Dukes N Ehrhart Y England E Epps, C Y Epps, J Y Everson N Floyd Y Fludd N Franklin Y Frazier

N Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James N Jerguson E Johnson, C N Johnson, T Y Jones, J Y Jones, S Y Jordan N Kaiser

N Manning Y Marin Y Martin Y Maxwell N May N Mayo
McCall Y McKillip Y Meadows Y Millar E Mills Y Mitchell N Morgan N Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver
O'Neal Y Parham

Rynders Y Scott, A N Scott, M Y Sellier N Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton

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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, D Y Collins, T Y Cooper N Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves
Greene N Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Hatfield Y Heard

Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

On the adoption of the amendment, the ayes were 135, nays 27.

Y Taylor N Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R N Wix Y Yates
Richardson, Speaker

The amendment was adopted.

Representative Coleman of the 97th moved that the House agree to the Senate substitute, as amended by the House, to HB 251.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton N Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter N Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley E Drenner Y Dukes Y Ehrhart N England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

N Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R

Y Manning Y Marin Y Martin N Maxwell Y May Y Mayo
McCall Y McKillip N Meadows Y Millar E Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish N Parsons Y Peake Y Porter E Powell, A Y Powell, J

Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre N Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas N Thompson Y Walker Y Weldon

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4927

Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Graves Greene
Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

N Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 142, nays 21.

N Pruett Ralston
Y Ramsey Y Randall Y Reece Y Reese Y Rice N Roberts N Rogers

Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Benton of the 31st stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th:

A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to attorneys, so as to change provisions relating to the expenses of the board and the amount and disposition of examination 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.

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Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to attorneys, is amended by revising Code Section 15-19-2, relating to the rules of governing the Board of Bar Examiners, expenses of the board, and the amount and disposition of examination fees, as follows:
"15-19-2. (a) It shall be the duty of the Justices of the Supreme Court to appoint and fix the number, terms, and compensation of the Board of Bar Examiners, whose powers and duties shall be as set forth by the Supreme Court by rule. All salaries, fees, and other expenses incurred in administering the Board of Bar Examiners and the examinations conducted by the board shall be paid by the Supreme Court from an appropriation made to the Supreme Court for that purpose. (b) All fees paid by applicants for admission to the bar by examination shall be paid into the general funds of the treasury. The Supreme Court, upon recommendation by the board, shall by rule set the amount of the examination fee to be paid by the applicants for admission to the bar by examination and shall direct to whom and when the fee shall be paid. The examination fee shall be reasonable and shall be determined in such a manner that the total amount of the fees charged and collected by the board in each fiscal year shall approximate the direct and indirect costs to the state of administering the examination. The amount of the fee to be paid by the applicant shall not exceed $90.00."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Martin of the 47th moved that the House disagree to the Senate substitute to HB 283.
The motion prevailed.
HB 156. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th:
A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, APRIL 1, 2009

4929

The following Senate substitute was read:
A BILL
To amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide that elected public officials 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 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, is amended by adding a new Code section as follows:
"15-10-20.1. (a) Any elected chief magistrate or elected magistrate who is performing ordered military duty, as defined in Code Section 38-2-279, of more than 21 days in length shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office. The performance of ordered military duty shall not create a vacancy in such office during the term for which such judge was elected. (b) Where the giving of written notice of candidacy is required, any elected chief magistrate or elected magistrate who is performing ordered military duty may deliver such notice by mail, agent, or messenger to the proper elections official. Any other act required by law of a candidate for the office of chief magistrate or magistrate judge may, during the time such official is on ordered military duty, be performed by an agent designated in writing by the absent chief magistrate or magistrate judge."
SECTION 2. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by revising Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, by adding a new subsection to read as follows:
"(j)(1) Notwithstanding any provision of law to the contrary, any elected public officer who is performing ordered military duty, as defined in Code Section 38-2-279, of more than 21 days in length shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office,

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and may qualify in absentia as a candidate for reelection to such office. The performance of ordered military duty shall not create a vacancy in such office during the term for which such public officer was elected. (2) Where the giving of written notice of candidacy is required, any elected public officer who is performing ordered military duty may deliver such notice by mail, agent, or messenger to the proper elections official. Any other act required by law of a candidate may, during the time such officer is on ordered military duty, be performed by an agent designated in writing by the absent public officer."
SECTION 3. Said chapter is further amended by revising Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, by adding a new subsection to read as follows:
"(g)(1) Notwithstanding any provision of law to the contrary, any elected public officer who is performing ordered military duty, as defined in Code Section 38-2-279, of more than 21 days in length shall be eligible for reelection in any primary or general election which may be held to elect a successor for the next term of office, and may qualify in absentia as a candidate for reelection to such office. The performance of ordered military duty shall not create a vacancy in such office during the term for which such public officer was elected. (2) Where the giving of written notice of candidacy is required, any elected public officer who is performing ordered military duty may deliver such notice by mail, agent, or messenger to the proper elections official. Any other act required by law of a candidate may, during the time such officer is on ordered military duty, be performed by an agent designated in writing by the absent public officer."
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 Harbin of the 118th moves to amend HB 156 by striking "of more than 21 days in length" on line 17, lines 34 and 35, and lines 50 and 51.
Representative Harbin of the 118th moved that the House agree to the Senate substitute, as amended by the House, to HB 156.
On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, APRIL 1, 2009

4931

Y Abdul-Salaam Y Abrams Y Allison
Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black
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, D Y Collins, T Y Cooper Y Cox

Y Crawford E Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J
Everson Y Floyd Y Fludd Y Franklin
Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson E Hill, C Y Hill, C.A Y Holt Y Horne
Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 159, nays 0.

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter E Powell, A Y Powell, J
Pruett Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

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.

The following supplemental Rules Calendar was read and adopted:

HOUSE SUPPLEMENTAL RULES CALENDAR WEDNESDAY, APRIL 1, 2009

Mr. Speaker and Members of the House:

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The Committee on Rules has fixed the calendar for this 39th Legislative Day as enumerated below:

Day 39 Debate Special Rule

Pursuant to House Rules 33.3 and 81, after the first speaker has yielded the well, debate on each bill or resolution shall be limited to one hour.

DEBATE CALENDAR

Open Rule

None

Modified Open Rule

SB 42 SB 56
SB 94 SB 149 SB 156 SB 196 SB 198 SB 231 SB 238

Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties (Substitute)(JudyNC-Golick-34th) Smith-52nd Georgia StopMeth Log; establish; electronically recording the identity; provide statement of purpose; definitions; misdemeanor penalty (Substitute)(JudyNC-Randall-138th) Butler-55th (Rules Committee Substitute) Insurance; insured under a group accident/sickness policy include dependents up to age 25 (Substitute)(Ins-Knox-24th) Hill-32nd Uniform Athlete Agents Act; regulation of athlete agents; terminate Georgia Athlete Agent Regulatory Commission; definitions (Substitute)(Judy-Jacobs-80th) Shafer-48th Georgia Trauma Care Network Commission; extensively revise duties; definitions; funding priorities; abolish Georgia Trauma Trust Fund (Substitute)(H&HS-Stephens-164th) Staton-18th Motor Vehicles; serious injury due to a right of way violation resulting in collision; revise penalties; provide a penalty for second offense (Substitute)(JudyNC) Jackson-24th (Rules Committee Substitute) Natural Resources; provide costs to be covered by fee; compliance with state/federal clean air laws (NR&E-Smith-70th) Tolleson-20th (Rules Committee Substitute) Education; establish the PROMISE III teacher's scholarship; provide for eligibility requirements (Substitute)(HEd-Hembree-67th) Weber-40th Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Ga. (HEd-Hembree-67th) Harp-29th (Rules Committee Substitute)

WEDNESDAY, APRIL 1, 2009

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Modified Structured Rule

SB 64 SB 82 SB 86 SB 168 SB 194

Detention; provide certain incarcerated persons shall be tested for HIV prior to discharge; notice; counseling (Substitute)(SI&P-Buckner-130th) Reed-35th Secondary Metals Recyclers; transaction records; change provisions (Substitute)(JudyNC-Williams-178th) Unterman-45th Voters; applying to register to vote; persons shall provide proof of U.S. citizenship prior to acceptance of registration (Substitute)(GAff-Mills-25th) Staton-18th Campaign Contributions; filing of disclosure reports by candidates for county offices; change provisions (Substitute)(GAff-Scott-153rd) Unterman-45th (Rules Committee Substitute) State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee (EU&T-May-111th) Chance-16th (Amendment # 35 0162)

Structured Rule

HR 645 HR 672

Georgia Appalachian Center for Higher Education; official center; recognize (HEd-Amerson-9th) President Barack Obama; select Mr. Thomas J. Harrold, Jr. as Ambassador to Germany; request (IntC-Smith-113th)

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, all remaining Bills on the Rules Calendar and the Supplemental Rules Calendar were postponed until the next legislative day.

By unanimous consent, HR 337 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 insists on its substitute to the following bill of the House:

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HB 68. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; 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 438. By Representatives O`Neal of the 146th and Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects; to provide for procedures, conditions, and limitations; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
Pursuant to the adjournment Resolution previously adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Friday, April 3, 2009.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 2009 and adjourned Friday, April 3, 2009
VOLUME III
2009 Atlanta, Ga. Printed on Recycled Paper

FRIDAY, APRIL 3, 2009

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Representative Hall, Atlanta, Georgia

Friday, April 3, 2009

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 Allison Amerson Anderson Ashe Baker Barnard Battles Bearden E Beasley-Teague Benton Black Brooks Bruce Bryant Buckner Burkhalter Burns Butler Byrd Carter, A Carter, B Chambers Channell Cheokas Coleman Collins, D Collins, T Cooper Cox

Crawford Davis, H Davis, S Dawkins-Haigler Dempsey Dickson Dobbs Dooley E Drenner E Dukes Ehrhart England E Epps, C Epps, J Everson E Floyd Fludd Franklin Frazier Fullerton Gardner Geisinger Glanton Graves Greene Hamilton Hanner Harden, B Harden, M Heard

E Heckstall E Henson
Hill, C Holt Horne Houston Howard Hugley Jackson Jacobs James Jerguson E Johnson, C Johnson, T Kaiser Keown Knight Knox Lane, B Lane, R Levitas Lindsey Long Loudermilk Lunsford Maddox, B Maddox, G Mangham Manning Marin

Martin Maxwell Mayo McCall McKillip Meadows Mills Mitchell Morgan Mosby Murphy Neal Nix Oliver O'Neal Parham Parrish Peake Porter E Powell, A Powell, J Pruett Ralston Ramsey Reece Reese Rice Roberts Rogers

Rynders Scott, A Scott, M Sellier Setzler Shaw Sheldon Sims, B Sims, C Smith, B E Smith, L Smith, R Smith, V Stephens, M Stephens, R Stephenson Talton Teilhet Thomas Thompson Walker Weldon 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, Austin of the 10th, Benfield of the 85th, Casas of the 103rd, Coan of the 101st, Cole of the 125th, Day of the 163rd, Dollar of the 45th, Golick of the 34th, Hatfield of the 177th, Hembree of the 67th, Hill of the 180th, Hudson of the 124th, Jones of the 44th, Jordan of the 77th, Keen of the 179th, Lucas of the 139th, May of the 111th, Millar of the 79th, Morris of the 155th, Parsons of the 42nd, Randall of the 138th, Shipp of the 58th, Sinkfield of the 60th, Smith of the 168th, Taylor of the 55th, Williams of the 89th, and Wix of the 33rd.

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They wish to be recorded as present.
Prayer was offered by Pastor Reginald D. Jones, Sharon Baptist Church, Augusta, Georgia.
The members pledged allegiance to the flag.
Representative Sims of the 169th, 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 844. By Representative Marin of the 96th:
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.

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Referred to the Committee on Health & Human Services.
HB 845. By Representative Marin of the 96th:
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 Health & Human Services.
HB 846. By Representatives Marin of the 96th and Mitchell of the 88th:
A BILL to be entitled an Act to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that the terms of phone cards shall be disclosed at the time of purchase and through certain notifications; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Energy, Utilities & Telecommunications.
HB 847. By Representatives Benfield of the 85th, McCall of the 30th, Levitas of the 82nd, Roberts of the 154th, James of the 135th and others:
A BILL 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 provide for a farm to school program to promote the sale of Georgiagrown farm products to county and independent school districts in this state; to amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to provide for a program to encourage and solicit county and independent school districts to purchase Georgia-grown farm products; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Agriculture & Consumer Affairs.

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HB 848. By Representative Mitchell of the 88th:
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 change the date of the presidential preference primary in Georgia; to change the date by which the parties must submit names to the Secretary of State for inclusion on the ballot and the date on which the Secretary of State shall publish such list of names; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Governmental Affairs.
HB 849. By Representatives Mitchell of the 88th and Marin of the 96th:
A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that any full-time public school employee may elect to become a member of the Teachers Retirement System of Georgia; to define certain terms; to provide for employee and employer contributions; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Retirement.
HB 850. By Representatives Martin of the 47th, Harbin of the 118th, Jones of the 46th, Roberts of the 154th, Butler of the 18th and others:
A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide definitions; to provide for regulation and licensing of assisted living communities; to provide for procedures and criteria for the admission and retention of residents of such communities; to provide for the special care of certain persons with cognitive impairments; to provide for certain notices; to provide for agreements regarding the care of residents; to provide for an advisory committee and the composition thereof; to provide for inspections and investigations; to provide for procedures for waivers, variances, and exemptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 851. By Representatives Mitchell of the 88th, Jordan of the 77th, Randall of the 138th and Ashe of the 56th:

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4943

A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions pertaining to education, so as to provide for the Teacher Loan Program; to provide for responsibilities of the State Board of Education; to provide for procedures 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 Banks & Banking.
HB 852. By Representative Rice of the 51st:
A BILL to be entitled an Act to amend Article 3 of Chapter 4 of Title 40 of the Official Code of Georgia Annotated, relating to purchase and resale of used motor vehicles, used parts, and farm tractors, so as to provide a penalty for nondisclosure of known defects by a seller of a used car; to provide a penalty for alteration of a document to conceal damage to a used car; 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 853. By Representatives Drenner of the 86th, Benfield of the 85th and Henson of the 87th:
A BILL to be entitled an Act to amend Chapter 38 of Title 31 of the Official Code of Georgia Annotated, relating to tanning facilities, so as to provide a short title; to define certain terms; to provide for registration of tanning facilities; to provide for inspections; to provide for revocation, suspension, and renewal of certificates of registration; to provide for administrative, civil, and criminal penalties; to provide for the adoption of rules; to provide for consumer warnings; to provide for reports on complaints of injury; to provide for parental consent for minors' use of tanning facilities; to provide for variances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 854. By Representatives Mayo of the 91st, Taylor of the 55th and Sellier of the 136th:
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 for early

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admission into kindergarten or first grade for students who complete prekindergarten or kindergarten in a private program under certain conditions; to provide for assessment committees; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Education.
HB 856. By Representative Dollar of the 45th:
A BILL to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide a special license plate supporting the protection of wild dolphins in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to EarthEcho International, Inc., for scientific research to conserve the ocean environment and protect wild dolphins; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 857. By Representatives Heckstall of the 62nd, Smith of the 168th, Mitchell of the 88th, Johnson of the 37th, Fludd of the 66th and others:
A BILL to be entitled an Act to amend Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to the acquisition and disposition of real and personal property generally, so as to provide that certain persons be granted first right to purchase property previously condemned by the municipality; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary.
HB 858. By Representative Golick of the 34th:
A BILL to be entitled an Act to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to revise the applicability of a provision relating to payment of certain funds into the county general fund rather than the county law library fund in certain counties; to revise the population classification of such provision so as to permit that provision to hereafter remain applicable to those political subdivisions to which that law was applicable immediately prior to the time the most recent census figures became applicable; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on Judiciary.
HB 859. By Representative Golick of the 34th:
A BILL to be entitled an Act to amend Code Section 42-8-36 of the Official Code of Georgia Annotated, relating to the duty of probationer to inform probation supervisor of residence and whereabouts and violations, so as to clarify provisions relating to tolling of probated sentences when a probationer fails to report to probation or otherwise absconds; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 860. By Representatives Neal of the 1st and Loudermilk of the 14th:
A BILL to be entitled an Act to amend Code Section 16-11-127 of the Official Code of Georgia Annotated, relating to carrying deadly weapons to or at public gatherings and affirmative defenses, so as to authorize churches to determine for themselves whether to permit or exclude persons licensed or permitted to carry firearms to carry firearms on church premises or at church functions; to authorize persons licensed or permitted to carry firearms to carry firearms on church premises or at church functions; 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 861. By Representative Neal of the 1st:
A BILL to be entitled an Act to amend Article 2 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to revise the definition of consideration to include an obligation or debt of earnest money which is past due or presently due pursuant to the terms of an executed real estate purchase and sale agreement; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Judiciary Non-Civil.
HB 862. By Representative Neal of the 1st:
A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, physician's assistants, and others, so as to provide for the licensure of orthopedic physician assistants; to provide a short

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title; to provide for definitions; to provide for applications to be made to the Composite State Board of Medical Examiners; to provide for approval or disapproval of applications; to provide for authorized services which may be performed by an orthopedic physician assistant in accordance with an approved job description; to provide for supervision by a physician who practices orthopedics; to provide for requirements on supervising physicians; to provide for rules and regulations and powers and duties of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Health & Human Services.
HB 863. By Representatives Dempsey of the 13th, Peake of the 137th, Smith of the 131st, Carter of the 175th, Stephens of the 164th and others:
A BILL to be entitled an Act 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 require certain information be provided as part of the accounting relating to certain contributions; to provide for applicability of provisions relating to disclosures required by charitable organizations, paid solicitors, or solicitor agents; to provide requirements for use of collection receptacles for certain donations; to define a certain term; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Regulated Industries.
HB 864. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend Code Section 34-9-264 of the Official Code of Georgia Annotated, relating to compensation for loss of hearing caused by harmful noise under workers' compensation, so as to revise certain provisions relating to hearing level frequencies; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Industrial Relations.
HR 883. By Representatives Channell of the 116th, Parrish of the 156th and Stephens of the 164th:
A RESOLUTION creating the House Study Committee on Care Management Organization Performance; and for other purposes.
Referred to the Committee on Health & Human Services.

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HR 884. By Representatives Marin of the 96th and Mitchell of the 88th:

A RESOLUTION urging the United States Congress to study the FICA credit scoring system to determine what adjustments need to be implemented in order to avoid the adverse affect of lower scores on consumers during this economic downturn; and for other purposes.

Referred to the Committee on Banks & Banking.

HR 885. By Representatives Johnson of the 75th, McKillip of the 115th, AbdulSalaam of the 74th, Baker of the 78th and Glanton of the 76th:

A RESOLUTION creating the House Study Committee on Use of Quitclaim Deeds; and for other purposes.

Referred to the Committee on Judiciary.

HR 886. By Representatives Mangham of the 94th, Williams of the 89th and Sinkfield of the 60th:

A RESOLUTION creating the House Study Committee on Uniforms in Public Schools; and for other purposes.

Referred to the Committee on Education.

By unanimous consent, the following Bills of the House and Senate were read the second time:

HB 41 HB 831 HB 832 HB 833 HB 834 HB 835 HB 836 HB 837

HB 838 HB 840 HB 842 HB 843 HB 855 SB 277 SB 279

Representative Rynders of the 152nd District, Chairman of the Committee on Intragovernmental Coordination, submitted the following report:

Mr. Speaker:

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Your Committee on Intragovernmental Coordination - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 830 Do Pass, by Substitute HB 841 Do Pass

SB 271 Do Pass SB 280 Do Pass, by Substitute

Respectfully submitted, /s/ Rynders of the 152nd
Chairman

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 830. By Representatives Neal of the 1st, Weldon of the 3rd and Dickson of the 6th:

A BILL to be entitled an Act to amend an Act providing a new charter for the City of Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend an Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act providing a new charter for the City of Fort Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), is amended in Section 1.11 by adding a new subsection to read as follows:
"(c) In addition to the territory described in subsection (a) of this section, the boundaries of the city shall include the rights of way of Mack Smith Road from Cloud Springs Road to the Tennessee state line, Cloud Springs Road from U.S. Highway 27 to U.S. Highway 41, and U.S. Highway 41 from Cloud Springs Road to the Tennessee state line."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
HB 841. By Representatives Knight of the 126th and Lunsford of the 110th:
A BILL to be entitled an Act to create a joint county-municipal board of elections and registration for Butts County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the board's organization, powers, and duties; to provide for related matters; to provide an effective date; to repeal an Act approved April 6, 2004 (Ga. L. 2004, p. 3525); to 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 271. By Senators Mullis of the 53rd and Thomas of the 54th:
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.
SB 280. By Senator Brown of the 26th:
A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to change the procedure for choosing members of such authority; to provide for terms for such members; to provide for certain billing cycles; to eliminate certain excises; to provide for

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the elimination of certain compensation plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to provide for terms for such members; to provide for federal preclearance; 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 known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), is amended by revising subsection (c) of Section 2 as follows:
"(c)(1) In the 2012 general election, candidates shall be elected from Districts 2 and 3 and serve for terms of four years thereafter. In the 2014 general election candidates shall be elected from Districts 1, 4, and 5. Candidates elected from such districts shall take office on the first day of January following their election and serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter, successors to the elected members of the authority shall be elected in the general election conducted immediately prior to the expiration of the term of office for which they offer as candidates, shall take office on the first day of January following their election, and shall serve for terms of office of four years and until the election and qualification of their successors. Members of the authority from the City of Macon and Bibb County shall be appointed by the respective appointing body or official, and such members shall serve on the authority at the pleasure of each appointing body or official and only so long as they are members of the respective appointing body.
(2) The members of the authority in office on the effective date of this Act shall continue in office until the expiration of the terms for which they are serving on the effective date of this Act."
SECTION 2. The Macon-Bibb County Water and Sewage Authority 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

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Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate substitutes thereto:
HB 502. By Representatives McKillip of the 115th, Smith of the 113th and Heard of the 114th:
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, so as to provide a method for selecting the judge and personnel of the municipal court; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend an Act establishing the Unified Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, so as to provide a method for selecting the judge and personnel of the municipal court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act establishing the Unified Government of Athens-Clarke County, Georgia, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, is amended by revising Section 5-106 as follows:
"Section 5-106. Municipal Court of the City of Athens;
Continuation of Operations in the Court of the Unified Government.

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On the effective date of this charter the operations and employees of the Municipal Court of the City of Athens shall continue as the operations and employees of a court of the Unified Government of Athens-Clarke County. The Judge of the Municipal Court of the City of Athens shall be authorized to serve as the Judge of said court. The Unified Government of Athens-Clarke County shall have the authority by ordinance to establish and define the method of selecting the Judge and other personnel necessary to operate the court, their terms of office and compensation, a schedule of fees to defray the cost of operation, and the jurisdiction and powers of said court insofar as permitted by general law and any other applicable law; provided, however, that no such fee so charged shall exceed $5.00 per case or matter before the court."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
HB 791. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to create and establish the Ellaville-Schley County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To create and establish the Ellaville-Schley County Charter and Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide for the powers and duties of said commission; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the charter and unification commission and for the payment of those expenses by the governing authorities of the City of Ellaville and the County of Schley; to provide that said commission shall be authorized to study all matters relating to the governments of the County of Schley and the City of Ellaville and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Schley County; to provide for the

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submission of such proposed county-wide government charter to the qualified voters for approval or rejection; to provide for the conduct of such election and for the certification of the results thereof; to provide for all procedures and other matters connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Ellaville-Schley County Charter and Unification Commission Act" and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II of the Constitution of the State of Georgia.
SECTION 2. As used in this Act, the following terms shall have the meanings ascribed to them unless the context clearly requires otherwise:
(1) "Charter and unification commission" or "commission" shall mean the EllavilleSchley County Charter and Unification Commission provided for in this Act. (2) "Governing authority of the City of Ellaville" shall mean the mayor and city council of the City of Ellaville, a municipal corporation of the State of Georgia. (3) "Governing authority of the County of Schley" shall mean the Board of Commissioners of Schley County, a political subdivision of the State of Georgia.
SECTION 3. (a) There is created the Ellaville-Schley County Charter and Unification Commission, which shall consist of 9 members to be appointed within 30 days of the effective date of this Act as provided in this section. (b) The governing authority of the City of Ellaville shall appoint the mayor and two members to the charter and unification commission who shall be citizens of the City of Ellaville at the time of such appointment and for the duration of their respective terms as members of such commission. (c) The governing authority of the County of Schley shall appoint the commission chair and two members to the charter and unification commission who shall be citizens of unincorporated Schley County at the time of such appointment and for the duration of their respective terms as members of such commission. (d) The six members of the charter and unification commission provided for in subsections (b) and (c) of this section shall jointly appoint three members to the charter and unification commission who shall be citizens of Schley County at the time of such appointment and for the duration of their entire terms as members of such commission. (e) If a governing authority refuses or fails to appoint a member of the commission as required by this section, the senior superior court judge of the Southwestern Judicial Circuit shall make such appointment within ten days following the expiration of the 30 day period allowed for appointments provided for in subsection (a) of this section.

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(f) None of the members of said charter and unification commission shall hold any other elective public office, except the mayor and the commission chair. (g) To be eligible for appointment as a member of the charter and unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least five years and registered as an elector to vote in Schley County for a period of at least two years prior to his or her appointment. (h) If a member of the charter and unification commission should die, become disabled, remove his or her residence and place of domicile to a place outside the territorial limits of the appointing jurisdiction, resign, or become unable or decline to serve for any reason whatever as a member of the charter and unification commission, said commission shall declare a vacancy in his or her office as a member of such commission and within 15 days thereafter the governing authority or authorities that appointed that member shall appoint a successor promptly to fill such vacancy. (i) A certificate of appointment shall be issued by the appointing authority of each member of the charter and unification commission and filed in the office of the Probate Court of Schley County with a duplicate original of such certificate being transmitted to, and filed with, the chairperson or the secretary of the charter and unification commission. (j) A majority of the members of the charter and unification commission shall constitute a quorum for the transaction of business. Such quorum shall not be applicable with respect to any committees or subcommittees which, at the discretion of the charter and unification commission, may be appointed. A majority of the members of each such committee or subcommittee shall constitute a quorum for the conduct of its business. (k) The charter and unification commission may appoint advisory committees or subcommittees from among the general populace to advise it with respect to its work; provided, however, that the charter and unification commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to any such advisory committee or subcommittee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve subject to such terms, conditions, and charges as may be imposed upon it by the commission. (l) All persons who shall, from time to time, serve as members of the charter and unification commission or its committees or subcommittees and all agents, employees, and staff appointed or hired by the charter and unification commission from time to time shall be afforded coverage and shall be included in the insured class, under the provision of such policies, riders, or other insurance contracts from time to time in force and held by the governing authority of the County of Schley, extending to members of such governing authority of the County of Schley, and what is commonly referred to as "public official's liability insurance coverage," to the same extent and as nearly as practicable with identical coverage and limits as afforded to the individual members of the governing authority of the County of Schley. Any and all additional premium amounts payable by the County of Schley due to the extension of such coverage to the members of the charter and unification commission and its appointees, agents, employees, and staff shall be paid, when due and payable, one-half by the County of Schley and one-half by the City of

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Ellaville, which payments shall be made in addition to all other amounts otherwise payable under the provisions of this Act. (m) The governing authority of the County of Schley, the governing authority of the City of Ellaville, and the governing authority of any county-wide government created under a charter adopted pursuant to this Act are authorized and directed to expend funds for fees, costs, and expenses incurred in providing for the defense of the members of the charter and unification commission arising out of their activity as members of such commission and in providing for the defense of any proposed charter submitted by the commission, whether prior to the referendum thereon or after the referendum thereon is conducted.
SECTION 4. (a) The charter and unification commission shall hold an organizational meeting not less than 30 days nor more than 45 days after the date this Act becomes effective. Any three or more members of the charter and unification commission, composed of at least one member appointed by the governing authority of the City of Ellaville and one member appointed by the governing authority of the County of Schley, shall call such organizational meeting. The call of such organizational meeting shall designate the time, date, and place that such organizational meeting shall be held. All state laws regarding open meetings and open records shall be applicable to meetings held pursuant to this subsection. (b) The first order of business at the organizational meeting shall be the designation, by the majority vote of those members present, of a temporary chairperson to preside until a permanent chairperson is elected. The second order of business at the organizational meeting shall be the election of a permanent chairperson who shall be elected by the majority vote of all members of the charter and unification commission. (c) The charter and unification commission shall be authorized to elect a secretary, who need not be a member of the commission, and such other officers from the membership of the charter and unification commission as it shall deem necessary. The charter and unification commission shall be further authorized to employ such staff as may be required to assist it in studying all matters relating to the government of the City of Ellaville and the County of Schley and in drafting a charter. (d) The members of the charter and unification commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties. The staff employed by the commission shall be paid compensation as determined by the commission within the limits of funds available to it. The governing authority of the City of Ellaville and the governing authority of the County of Schley are authorized to expend public funds in carrying out the provisions of this Act and shall share equally the expense thereof. Each of the said governing authorities shall initially appropriate up to $5,000.00 for the charter and unification commission and the treasurer or other fiscal authority of each of those governing authorities shall honor, from time to time, vouchers or warrants signed by the chairperson of the charter and unification commission for amounts up to an aggregate total of such amount. The governing authorities shall appropriate such additional funds in

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equal amounts as may be necessary to meet the expenses of the charter and unification commission, provided that such additional expenditures shall be first approved by both governing authorities. (e) The charter and unification commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. (f) All public officials and employees of the City of Ellaville and the County of Schley upon request shall furnish the charter and unification commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the charter and unification commission for it to carry out its duties, except for information that is confidential or privileged by law and shall furnish such other assistance and aid to the commission as it shall request and shall also appear and give testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or advisory committees.
SECTION 5. The commission shall be authorized to study all matters relating to the governments of the City of Ellaville and the County of Schley and all matters relating to the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Schley County. The commission shall upon completion of its study issue a written report of its findings, conclusions, and recommendations. If, after conducting such study, the charter and unification commission shall deem it to be in the best interests of the governments proposed to be affected, said commission shall draft a proposed charter creating a single county-wide government, and if such charter is approved by the voters under the provisions of this Act, then the newly created county-wide government shall supersede and replace the existing governments of the City of Ellaville and the County of Schley and may also supersede and replace any public authorities and special service districts located and operating within Schley County. If the charter and unification commission does not deem it to be in the best interests of the governments proposed to be affected to recommend the establishment of a single county-wide government but concludes from its study that it is feasible to consolidate specific governmental services, programs, and activities, then the commission may issue such findings, conclusions, and recommendations in writing together with reasons why such recommendations will make government operations more efficient.
SECTION 6. (a) The charter so drafted shall be submitted to the qualified voters of Schley County for approval or rejection of the referendum provided for in Section 10 of this Act. (b) The General Assembly delegates its powers to the charter and unification commission to draft such a charter which may include any provisions necessary to effectuate its purposes. Without limiting the generality of the foregoing, the proposed charter may provide for any one or more, or a combination, of the matters listed below.

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Where it is indicated that an item shall be included, the inclusion of that particular item shall be mandatory:
(1) The charter shall provide for the abolishment of the existing governments of the City of Ellaville and the County of Schley and for the creation of a new single government which may have all powers formerly exercised by the City of Ellaville and the County of Schley and such other powers as may be necessary or desirable. The new single government may be given, and may have, such rights, privileges, exemptions, preferences, discretions, immunities, powers, duties, and liabilities as are now or hereafter granted to, or vested in, municipalities or counties or both by the Constitution and laws of the State of Georgia. The form and composition of the new government shall be as the charter shall provide; (2) The charter may authorize the new government to continue to be eligible to have, hold, enjoy, and be entitled to any assistance, credits, benefits, moneys, grants, grantsin-aid, funds, loans, aid, appropriations, and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future state or federal programs; (3) The charter may provide for the abolishment, modification, consolidation, or merger of any court unless otherwise prohibited by the Constitution or general law; (4) The charter may provide for the abolishment, modification, consolidation, or merger of any public authorities and special service districts located within Schley County created by law and for the transfer of any powers, duties, and obligations of such authorities and districts to the new county-wide government or to any agency thereof or from one such authority or special service district to another in such manner as said charter shall provide unless otherwise prohibited by the Constitution or general law; (5) The charter may provide for the abolishment, modification, consolidation, or merger of any one or more public offices or positions of public employment of any municipality merged in the county-wide government and the County of Schley and any public authorities or special service districts located or operating within Schley County unless otherwise prohibited by the Constitution or general law. The charter may provide for administrative division or changes with reference to the duties and responsibilities of any public office or official as the charter and unification commission shall deem necessary for the efficient functioning of the new county-wide government; (6) The charter shall provide for the creation of the governing authority of the new single county-wide government, including the number of members of the governing authority, their powers, duties, terms of office, manner, and time of election or appointment, compensation, method of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority. The charter shall provide for the name or names of the new county-wide government and governing authority;

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(7) The charter may provide for the creation of the various departments, boards, bureaus, offices, commissions, and positions of public employment of the new county-wide government and for any matters necessary or incidental thereto; (8) The charter shall provide for the creation of special tax districts consisting of the territory lying within the former boundaries of the affected governments for the purpose of the successor county-wide government levying a tax therein sufficient to retire any bonded indebtedness of such governments which is outstanding on the effective date of the abolishment of such government; (9) The charter may provide for the assumption by the new government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities, and special service districts which are altered by said charter and a method by which the new county-wide government shall assume the payment of any obligations issued under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or other similar legislation; (10) The charter may provide for the transfer to the new county-wide government of assets, contracts, and franchises of all governmental units and any public authorities and special service districts which are merged with the new county-wide government or are altered by the charter; (11) The charter may provide the purposes for which the new county-wide government or governing authority or any agency thereof may levy taxes; (12) The charter shall provide for the method or methods by which it may be amended. The General Assembly expressly reserves the right to amend any charter adopted pursuant to this Act. The charter may provide for an additional method or methods by which the charter may be amended and shall provide for any amendments adopted by any such other method or methods to be filed with the Secretary of State so that they may be published in the Georgia Laws; (13) The charter shall provide for the repeal of conflicting laws; and (14) The charter may contain such other provisions as are necessary and needful to achieve the objectives of consolidation of the governments and functions of the City of Ellaville and the County of Schley and the creation of a successor government. (c) The following additional provisions shall govern proceedings of the charter and unification commission and any successor county-wide government created by a charter drafted by the commission: (1) The charter and unification commission is authorized to contract with any public or private institution or body, including the Carl Vinson Institute of Government, for any special studies or assistance it deems necessary, subject to the limitation that any expenditure therefor shall be within the limits of the funds made available to the commission by the respective governing authorities; and (2) Any successor government created and established shall, without the necessity or formality of deed, bill of sale, or other instrument of transfer, be and become the owner of all property, assets, and rights previously belonging to the City of Ellaville and the County of Schley and any other authorities or special service districts merged into the new government.

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(d) The charter and unification commission shall have all the powers of the superior courts to compel the attendance of witnesses before the commission and any of its committees, subcommittees, or advisory committees; to compel witnesses to testify thereat; and to subpoena any person or entity and all such books, records, data, papers, documents, and other tangible items which may be deemed by the commission to be material to any question or issue deemed by it to be relevant to the duties or prerogatives imposed upon or granted to the commission by this Act. Such subpoenas shall be issued in the name of the commission, shall be signed by either the chairperson or the secretary of the commission, and shall be served in the manner provided by law for the service of subpoenas in civil cases pending in the superior courts. Witnesses subject to such subpoenas shall be entitled to the same compensation as witnesses attending superior court, which compensation shall be collected in the same manner as that of witnesses in the superior courts except that such compensation shall be paid from funds of the commission. Should any such subpoenaed person or witness fail or refuse to answer questions propounded or fail or refuse to produce any books, records, data, papers, documents, or other tangible items required to be produced by the commission, except upon a legal excuse which would relieve such person of such obligation in a civil case pending in the superior court, the person so failing or refusing shall be guilty of contempt and may be cited by the commission to appear before a judge of the Superior Court of Schley County. The judge of said court shall have the same power and jurisdiction to punish the person cited for contempt and to require and compel the attendance, the giving of testimony, or the production of items as in cases of contempt committed in the presence of the court and as in cases pending before the court. (e) Notwithstanding any other provisions of this Act, the charter and unification commission and the charter proposed by the commission and subsequently adopted may not:
(1) Alter or affect the status of the Schley County School System or the Schley County Board of Education or any provision of the Constitution or laws of the State of Georgia by which the Schley County School System is constituted, empowered, or preserved or to transfer any of its powers, duties, or obligations; (2) Impair or diminish any pension or retirement rights; (3) Abolish the office of sheriff, clerk of superior court probate judge, or tax commissioner; or (4) Create a unified government police department. (f) None of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power with respect to any municipality electing to be excluded as provided in this Act or the school district, board of education, industrial development authority, office of sheriff, clerk of superior court, or tax commissioner, pension rights, and homestead exemptions which existed prior to the adoption of this Act. (g) The powers granted in this Act to the charter and unification commission by the General Assembly are remedial in nature and shall be liberally construed to effectuate their purpose.

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SECTION 7. (a) The charter and unification commission shall be required to hold at least two public hearings to determine the sentiment of the citizens of the City of Ellaville and the County of Schley regarding the work of the charter and unification commission. The first public hearing shall be held not less than 30 days prior to the issuance of the commission's final written report on the feasibility of establishing a single county-wide government within Schley County, and a second public hearing shall be held not less than 15 days prior to the submission of any proposed charter for such consolidated government to the Schley County Board of Elections. The charter and unification commission is authorized to hold more than two public hearings if it determines that additional public hearings are desirable. The charter and unification commission shall cause the date, time, and place of each such hearing to be advertised in the official organ of Schley County once a week for the two consecutive weeks preceding the week in which the public hearing is held. The charter and unification commission shall cause to be made a transcript of each public hearing held and shall file the same in its minutes and records. (b) Following issuance of the commission's final written report, the governing authorities of the City of Ellaville and the County of Schley shall each hold and conduct a public hearing to determine the sentiments of their citizens regarding the work of the charter and unification commission. Notice of such hearings shall be advertised in the same manner as required for hearings held by the charter and unification commission. Representatives of the charter and unification commission shall be invited to present the final report to said governing authorities.
SECTION 8. (a) The charter and unification commission shall complete its studies and shall prepare, complete, and file any proposed charter no later than December 31, 2009; provided, however, that the above-described time period may be extended for such additional periods of time as may be authorized by a resolution duly adopted by the governing authority of the City of Ellaville and by a similar resolution being duly adopted by the governing authority of the County of Schley and may also be extended by an Act of the General Assembly and shall be automatically extended for a period of time equal to the period of time that any proposed charter shall be under consideration by the United States Department of Justice or by any courts. (b) Certified copies of the charter shall be filed by the charter and unification commission with the clerks of the governing authorities of the City of Ellaville and the County of Schley and shall be authenticated by the signature of the chairperson of the charter and unification commission. Such copies shall be public records and shall be available for inspection or examination by any interested person. (c) The charter and unification commission shall also make available a copy of the charter to every daily or weekly newspaper published in Schley County and to each radio or television station operating within the county. The commission shall take such other steps, within the limitation of its available funds, as it deems reasonable and appropriate to inform the public throughout the county of the contents of the proposed charter. The

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charter and unification commission shall also cause a summary of the proposed charter to be printed in pamphlets or booklets and made available for general distribution throughout the county. (d) The charter and unification commission is authorized to adopt such rules and regulations as it deems necessary or desirable to carry out its powers and perform its duties and functions. (e) Following the completion of the proposed charter by the charter and unification commission and prior to the time of filing or submission thereof as provided in this Act, the same shall be presented for review by the United States Department of Justice as may be required by law. The failure of any proposed charter submitted by the charter and unification commission to the Department of Justice to obtain preclearance by the Department of Justice shall not prevent the charter and unification commission from revising said charter in a manner so as to enable the proposed charter to meet Department of Justice objections with respect thereof, and the charter and unification commission is empowered to redraft any such proposed charter in such manner so as to meet requirements for the Department of Justice's approval in the event that any initial proposed charter fails to obtain Department of Justice approval.
SECTION 9. (a) A certified copy of the proposed charter shall be submitted by the commission to the election superintendent of Schley County, and it shall be the duty of such superintendent to call and hold a referendum election for ratification or rejection of the proposed charter as provided in Section 10 of this Act. (b) The charter and unification commission shall be abolished by operation of law at midnight of the day the results of the special referendum election on the proposed charter become final and effective pursuant to the laws of the State of Georgia.
SECTION 10. (a) As soon as practicable after receipt of the certified copy of the proposed charter and after receipt of preclearance, or the usual notice of no current objections, by the United States Department of Justice of such proposed charter, it shall be the duty of the election superintendent of Schley County to call a special election for approval or rejection of the proposed charter. The election superintendent shall set the date of the election for the earliest date therefor permissible under general law after the filing of any proposed charter as provided for in Section 8 of this Act. The election superintendent shall cause the date and purpose of the election to be published once a week for two calendar weeks immediately preceding the date thereof in the official organ of Schley County. The ballot shall have written or printed thereon the following:
"( ) YES Shall the charter reorganizing and consolidating the governments of the City of Ellaville and the County of Schley and creating a single county-
( ) NO wide government to supersede and replace those governments be approved?"

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(b) All persons desiring to vote for approval of the charter shall vote "Yes," and those persons desiring to vote for rejection of the charter shall vote "No." The votes cast on such question by the qualified voters of Schley County residing within the corporate limits of the City of Ellaville and the votes cast on such question by the qualified voters of Schley County shall be counted separately. If more than one-half of the votes cast by the qualified voters of Schley County residing within the corporate limits of the City of Ellaville are for approval of the charter and if more than one-half of the total votes cast by the qualified voters residing within both the incorporated and unincorporated areas of Schley County are for approval of the charter, then the charter shall become effective. Otherwise, it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Ellaville and the County of Schley. (c) The special election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," except to the extent specifically provided otherwise by this Act. (d) A qualified voter, as used in this Act, shall mean a voter of Schley County qualified to vote for members of the General Assembly of Georgia. The election superintendent shall certify the returns to the Secretary of State. The election superintendent shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue his or her proclamation showing and declaring the result of the election on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the secretary or clerk of the governing authority of the City of Ellaville, who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of the County of Schley, who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the consolidation of the governments of the City of Ellaville and the County of Schley has been adopted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter of the consolidated government for all purposes. The certified copy of the charter and proclamation deposited with the secretary of the governing authority of the City of Ellaville and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of the County of Schley shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter and any copy so certified shall be deemed a duplicate original copy of the charter of the consolidated government for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file with him or her, and copies so certified by him or her shall be deemed duplicate original copies of the charter of the consolidated government for all purposes.
SECTION 11. In the event the proposed single county-wide government charter is approved by voters as provided in Section 10 of this Act, an election shall be held in accordance with the

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provisions of the charter to elect the members of the governing authority of the countywide government. Upon the election of the members of the governing authority and their taking office as the governing authority of the county-wide government, the existing governments of the City of Ellaville and the County of Schley shall stand abolished, all in accordance with the provisions of the charter of the new county-wide government.

SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

On the passage of the Bills, and on the agreement to the Senate substitutes, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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
Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley E Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M
Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J
Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Sinkfield Y Smith, B Y Smith, L Y Smith, R Smith, T Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

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On the passage of the Bills, and on the agreement to the Senate substitutes, the ayes were 152, nays 0.
The Bills, having received the requisite constitutional majority, were passed, and the House has agreed to the Senate substitutes.
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 "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 133. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th 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 provide for certain compensation that may be received by a health care provider for purposes of sovereign immunity protection; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate insists on its substitutes to the following bills of the House:
HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others:

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A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; 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 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible single-family residence; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 278. By Representatives Ramsey of the 72nd, Pruett of the 144th, Cole of the 125th, Millar of the 79th, Lindsey of the 54th 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 Education Act," so as to temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 318. By Representatives McCall of the 30th and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 473. By Representatives Harbin of the 118th, Keen of the 179th, Stephens of the 164th, Ehrhart of the 36th, Kaiser of the 59th and others:
A BILL to be entitled an Act 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 grants for clean energy property for a limited period of time from federal funds available for such purposes; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 487. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:
A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to increase the employee contribution to such fund; to increase certain fines and fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 492. By Representatives Neal of the 1st, Scott of the 2nd, Hill of the 180th, Stephens of the 164th and Hudson of the 124th:
A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates or time-share uses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 509. By Representatives Cooper of the 41st, Rice of the 51st, Lindsey of the 54th, Channell of the 116th, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions relating to the regulation of physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice; to require individuals regulated under Chapter 34 of said title to notify the board upon the conviction of a felony; to provide for the suspension and reinstatement under certain circumstances of a license, permit, or certificate granted under Chapter 34; to provide for the renewal of a license, permit, or certificate granted under Chapter 34; to amend various other titles of the Official Code of Georgia

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Annotated for purposes of conformity; to provide for related matters; to provide for a contingency and effective dates; 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 455. By Representatives Neal of the 1st, Lindsey of the 54th, Casas of the 103rd, Ashe of the 56th, England of the 108th and others:
A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for certificated personnel in elementary and secondary education, so as to temporarily extend certain deadlines; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 485. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for alternative tax credits for base year port traffic; 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 passed by the requisite constitutional majority the following bills of the House:
HB 453. By Representatives Anderson of the 117th, Harbin of the 118th and Sims of the 119th:
A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change sunset dates for real estate or personal property filing fees; to change a sunset date relating to the state-wide uniform automated information system; to change a sunset date relating to collection and remittance of real estate or personal property filing fees; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 477. By Representative Maxwell of the 17th:
A BILL to be entitled an Act to amend Code Section 47-1-62 of the Official Code of Georgia Annotated, relating to procedure for establishment of

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creditable service, computations, employer contributions, and system or fund unable to provide creditable service, so as to remove a requirement that an application for certain creditable service be made within a certain period; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 488. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:
A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses' benefits under the Superior Court Clerks' Retirement Fund of Georgia, so as to provide eligibility criteria for creditable service; 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:
Willard of the 49th, Smith of the 113th, Stephens of the 161st, Davis of the 109th, Morgan of the 39th, Abdul-Salaam of the 74th, Jones of the 46th, Benton of the 31st, Davis of the 122nd, and Collins of the 95th.
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 196. By Senators Jackson of the 24th, Douglas of the 17th, Goggans of the 7th, Thomas of the 54th, Powell of the 23rd and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise penalties for causing serious injury due to a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to driver's license requirements; to

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change certain provisions relating to driving while license is suspended or revoked; to revise penalties for causing serious injury due to a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; to change provisions relating to pedestrians walking on or along a roadway; to increase the assessment fees for approved DUI Alcohol or Drug Use Reduction Programs; 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 subsection (a) of Code Section 40-5-20, relating to driver's license requirement, 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 shall be punished as provided in Code Section 40-5-121, except the violation of driving with an expired license, or a violation of Code Section 40-5-29 or if such person produces in court a valid driver's license issued by this state to such person and valid at the time of such person's arrest, shall be punished as provided in Code Section 40-5-121 he or she shall not be guilty of such offenses. 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 2. Said title is further amended in Article 3 of Chapter 5, relating to cancellation, suspension, and revocation of licenses, by adding a new Code section to read as follows:
"40-5-57.3. (a) The driver's license of any person who is convicted for a second or subsequent offense of violating Code Section 40-6-77 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, shall be suspended for 30 days. The person shall submit his or her driver's license to the court upon conviction and the court shall forward the driver's license to the department. (b) After the suspension period and the person pays a restoration fee of $60.00 or, when processed by mail, $50.00, the suspension shall terminate and the department shall return the person's driver's license to such person."

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SECTION 3. Said title is further amended by revising subsection (a) of Code Section 40-5-121, relating to driving while license suspended or revoked, as follows:
"(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 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 with proof of a valid driver's license issued by this state. Such fingerprints, taken upon conviction, 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 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."
SECTION 4. Said title is further amended by revising Code Section 40-6-77, 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, as follows:
"40-6-77. (a) For purposes of this Code section, 'serious injury' shall include, but shall not be limited to, causing bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her head or body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless.

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(b) Any person who causes a serious injury to another person as a result of a collision with a motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies by committing any right of way violation under this chapter when such motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies is abiding by the provisions of this title shall be guilty of a misdemeanor and shall be punished:
(1) For a first offense, by a fine of not less than $250.00 in addition to any other penalties stipulated by law and the court shall report such conviction to the Department of Driver Services; and (2) For a second or subsequent offense 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, by a fine of not less than $500.00 nor more than $1,000.00 and imprisonment for not less than ten days nor more than 12 months. Any fine imposed under this paragraph shall be mandatory and shall not be suspended or waived or conditioned upon the completion of any course or sentence. The court imposing punishment under this subsection shall forward a record of the disposition of the case to the Department of Driver Services. For purposes of this Code section, serious injury shall include, but shall not be limited to, causing bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless."
SECTION 5. Said title is further amended by revising Code Section 40-6-96, relating to pedestrians walking on or along a roadway, as follows:
"40-6-96. (a) As used in this Code section, the term 'pedestrian' means any person afoot and shall include, without limitation, persons standing, walking, jogging, running, or otherwise on foot. (b) Where a sidewalk is provided, it shall be unlawful for any pedestrian to walk stand or stride along and upon an adjacent roadway unless there is no motor vehicle traveling within 1,000 feet of such pedestrian on such roadway or the available sidewalk presents an imminent threat of bodily injury to such pedestrian. (b)(c) Where a sidewalk is not provided but a shoulder is available, any pedestrian walking standing or striding along and upon a highway shall walk stand or stride only on the shoulder, as far as practicable from the edge of the roadway. (c)(d) Where neither a sidewalk nor a shoulder is available, any pedestrian walking standing or striding along and upon a highway shall walk stand or stride as near as practicable to an outside edge of the roadway, and, if on a two-lane roadway, shall walk stand or stride only on the left side of the roadway.

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(d)(e) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway. (e)(f) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. (f)(g) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed."
SECTION 6. Said title is further amended by revising subsection (e) of Code Section 40-5-83, relating to establishment and approval of driver clinics and programs, as follows:
"(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 shall meet the certification criteria promulgated by the department through its standards and must shall 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 $82.00 for the assessment component and $190.00 for the intervention component. An additional fee for required student program materials shall be established by the department 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

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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 shall be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00 $22.00, 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 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to driver's license requirements; to change certain provisions relating to driving while license is suspended or revoked; to revise penalties for causing serious injury due to a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; to change provisions relating to pedestrians walking on or along a roadway; to increase the assessment fees for approved DUI Alcohol or Drug Use Reduction Programs; to authorize local governments by ordinance or resolution to authorize the operation of bicycles on sidewalks by certain persons within the jurisdiction of such local governments; 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 subsection (a) of Code Section 40-5-20, relating to driver's license requirement, as follows:

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"(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 shall be punished as provided in Code Section 40-5-121, except the violation of driving with an expired license, or a violation of Code Section 40-5-29 or if such person produces in court a valid driver's license issued by this state to such person and valid at the time of such person's arrest, shall be punished as provided in Code Section 40-5-121 he or she shall not be guilty of such offenses. 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 2. Said title is further amended in Article 3 of Chapter 5, relating to cancellation, suspension, and revocation of licenses, by adding a new Code section to read as follows:
"40-5-57.3. (a) The driver's license of any person who is convicted for a second or subsequent offense of violating Code Section 40-6-77 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, shall be suspended for 30 days. The person shall submit his or her driver's license to the court upon conviction and the court shall forward the driver's license to the department. (b) After the suspension period and the person pays a restoration fee of $60.00 or, when processed by mail, $50.00, the suspension shall terminate and the department shall return the person's driver's license to such person."
SECTION 3. Said title is further amended by revising subsection (a) of Code Section 40-5-121, relating to driving while license suspended or revoked, as follows:
"(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 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

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with proof of a valid driver's license issued by this state. Such fingerprints, taken upon conviction, 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 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."
SECTION 4. Said title is further amended by revising Code Section 40-6-77, 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, as follows:
"40-6-77. (a) For purposes of this Code section, 'serious injury' shall include, but shall not be limited to, causing bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her head or body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless. (b) Any person who causes a serious injury to another person as a result of a collision with a motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies by committing any right of way violation under this chapter when such motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies is abiding by the provisions of this title shall be guilty of a misdemeanor and shall be punished:
(1) For a first offense, by a fine of not less than $250.00 in addition to any other penalties stipulated by law and the court shall report such conviction to the Department of Driver Services; and (2) For a second or subsequent offense 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, by a fine of not less than $500.00 nor more than $1,000.00 and imprisonment for not less than ten days nor more than

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12 months. Any fine imposed under this paragraph shall be mandatory and shall not be suspended or waived or conditioned upon the completion of any course or sentence. The court imposing punishment under this subsection shall forward a record of the disposition of the case to the Department of Driver Services. For purposes of this Code section, serious injury shall include, but shall not be limited to, causing bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless."
SECTION 5. Said title is further amended by revising Code Section 40-6-96, relating to pedestrians walking on or along a roadway, as follows:
"40-6-96. (a) As used in this Code section, the term 'pedestrian' means any person afoot and shall include, without limitation, persons standing, walking, jogging, running, or otherwise on foot. (b) Where a sidewalk is provided, it shall be unlawful for any pedestrian to walk stand or stride along and upon an adjacent roadway unless there is no motor vehicle traveling within 1,000 feet of such pedestrian on such roadway or the available sidewalk presents an imminent threat of bodily injury to such pedestrian. (b)(c) Where a sidewalk is not provided but a shoulder is available, any pedestrian walking standing or striding along and upon a highway shall walk stand or stride only on the shoulder, as far as practicable from the edge of the roadway. (c)(d) Where neither a sidewalk nor a shoulder is available, any pedestrian walking standing or striding along and upon a highway shall walk stand or stride as near as practicable to an outside edge of the roadway, and, if on a two-lane roadway, shall walk stand or stride only on the left side of the roadway. (d)(e) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway. (e)(f) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. (f)(g) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed."
SECTION 6. Said title is further amended by revising subsection (e) of Code Section 40-5-83, relating to establishment and approval of driver clinics and programs, as follows:
"(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 shall meet the certification criteria promulgated by the department through its

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standards and must shall 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 $82.00 for the assessment component and $190.00 for the intervention component. An additional fee for required student program materials shall be established by the department 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 shall be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00 $22.00, 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 7. Said title is further amended by revising Code Section 40-6-144, relating to emerging from alley, driveway, or building, as follows:

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"40-6-144. The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residential district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or driveway or, in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon. The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk. No Except as provided by resolution or ordinance of a local government for sidewalks within the jurisdiction of such local government authorizing the operation of bicycles on sidewalks by persons 12 years of age or younger, no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway."

SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Rice of the 51st moves to amend the House Committee on Rules substitute to SB 196 (LC 35 1540S) by striking lines 191 and 192 and inserting in lieu thereof the following:

This Act shall become effective on July 1, 2009.

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:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs Y Dollar

E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows

Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw N Sheldon Y Shipp Y Sims, B

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Y Battles Y Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns E 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, D Y Collins, T Y Cooper N Cox

Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton
Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M
Hatfield Y Heard

Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E Johnson, C Y Johnson, T Y Jones, J
Jones, S Y Jordan Y Kaiser
Keen N Keown Y Knight Y Knox N Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham

Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 145, nays 16.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Austin of the 10th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Hatfield of the 177th, Hudson of the 124th, 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.

House of Representatives Atlanta, Georgia 30334

This version of SB 196 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of SB 196.

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/s/ Bobby Franklin Representative, District 43
SB 198. By Senators Tolleson of the 20th, Harp of the 29th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, so as to provide the costs to be covered by the fee charged by emission inspection stations shall include the activities of the director of the Environmental Protection Division necessary to achieve compliance with state and federal clean air laws; 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 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, so as to provide the costs to be covered by the fee charged by emission inspection stations shall include the activities of the director of the Environmental Protection Division necessary to achieve compliance with state and federal clean air laws; to amend Code Section 12-9-48 of the Official Code of Georgia Annotated, relating to certificates of emission inspection, so as to provide for a time extension; 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 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, is amended by revising paragraph (11) of subsection (a) as follows:
"(11) To prescribe by rule or regulation an administrative fee to be collected by the director from each emission inspection station in a manner determined by the board by rule or regulation to cover the direct and indirect cost of:
(A) Required required and adequate oversight to confirm that inspections are being done in a proper and adequate manner, including, without limitation, the operation and maintenance of a data system and network for emission inspection data and related information; the performance of audits and quality control and quality assurance for certified emission inspection stations and licensed inspectors; the dissemination of information to individuals, corporations, governmental agencies,

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and any other entity regarding emission inspection requirements and related information; and the issuance of waivers, exemptions, and extensions of the emission inspection requirement; (B) Activities of the director within designated nonattainment areas that are necessary to achieve compliance with this article and the federal Clean Air Act including, without limitation, ambient monitoring, attainment plan development, maintenance plan development, emission inventories, data analysis, and coordination and consultation with other governmental planning organizations; and (C) Any any other requirements that the board determines are appropriate to implement, enforce, and ensure compliance with the requirements of this article and the rules and regulations promulgated pursuant to this article; provided, however, that $1.00 of each such administrative fee shall be remitted to the county for each responsible motor vehicle that is registered in that county; and"

SECTION 2. Code Section 12-9-48 of the Official Code of Georgia Annotated, relating to certificates of emission inspection, is revised by adding a new subsection (e) and redesignating existing subsections (e) through (i) as (f) through (j), as follows:
"(e) A time extension, not to exceed the period of the inspection frequency, may be granted to obtain needed repairs on a vehicle in the case of economic hardship when waiver requirements contained in subsection (d) of this Code section have not been met. After having received a time extension under this subsection, a vehicle must fully pass the applicable test standards before becoming eligible for another time extension."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

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 Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp

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Y Barnard Y Battles N Bearden E Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Howard Hudson
Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Hudson of the 124th, Pruett of the 144th, 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.

Due to a mechanical malfunction, the votes of Representatives Baker of the 78th and Stephenson of the 92nd were not recorded on the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 94. 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 that an insured under a group accident and sickness policy may include dependents up to age 25; to provide for related matters; to repeal conflicting laws; and for other purposes.

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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 revise the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans; to provide for additional continuation plan options; to require the Commissioner of Insurance to promulgate rules and regulations to provide for reporting and notification of eligibility requirements for participation in the Georgia Health Insurance Assignment System and the Georgia Health Benefits Assignment System; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-24-21.1, relating to conversion privilege and continuation right provisions in group accident and sickness contracts, as follows:
"33-24-21.1. (a) As used in this Code section, the term:
(1) 'Assistance eligible individual' shall have the same meaning as provided by Section 3001 of Title III of the federal American Recovery and Reinvestment Act of 2009. (1)(2) 'Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 90 day gap in coverage under any of the following:
(A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrangement; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society; (D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; (F) A franchise policy issued on an individual basis to a member of a true association as defined in subsection (b) of Code Section 33-30-1; (G) A health plan formed pursuant to 10 U.S.C. Chapter 55; (H) A health plan provided through the Indian Health Service or a tribal organization program or both; (I) A state health benefits risk pool; (J) A health plan formed pursuant to 5 U.S.C. Chapter 89; (K) A public health plan; or

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(L) A Peace Corps Act health benefit plan. (2)(3) 'Eligible dependent' means a person who is entitled to medical benefits coverage under a group contract or group plan by reason of such person's dependency on or relationship to a group member. (3)(4) 'Group contract or group plan' is synonymous with the term 'contract or plan' and means:
(A) A group contract of the type issued by a nonprofit medical service corporation established under Chapter 18 of this title; (B) A group contract of the type issued by a nonprofit hospital service corporation established under Chapter 19 of this title; (C) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (D) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (E) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title. (4)(5) 'Group member' means a person who has been a member of the group for at least six months and who is entitled to medical benefits coverage under a group contract or group plan and who is an insured, certificate holder, or subscriber under the contract or plan. (5)(6) 'Insurer' means an insurance company, health care corporation, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance organization. (6)(7) 'Qualifying eligible individual' means: (A) A Georgia domiciliary, for whom, as of the date on which the individual seeks coverage under this Code section, the aggregate of the periods of creditable coverage is 18 months or more; and (B) Who is not eligible for coverage under any of the following:
(i) A group health plan, including continuation rights under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA); (ii) Part A or Part B of Title XVIII of the federal Social Security Act; or (iii) The state plan under Title XIX of the federal Social Security Act or any successor program. (a.1) Any group member or qualifying eligible individual who is an assistance eligible individual as provided by Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), during the period permitted under such act whose coverage has been terminated and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits that it replaces, for at least six months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage shall continue for the fractional policy month remaining, if any, at termination plus nine additional policy months upon payment of the premium to the insurer by cash, certified check, or money order, at the same rate for

FRIDAY, APRIL 3, 2009

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active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. For the period that the assistance eligible individual is eligible for the premium assistance subsidy as provided in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5), such premium payment shall be calculated as 35 percent of the rate for active group members including any portion of the premium paid by a former employer or other person if such employer or other person no longer contributes premium payments for this coverage. (a.2) The rights and benefits under this Code section shall expire when the eligibility for premium assistance subsidy in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5) expires. Any extension of such benefits shall require an Act of the Georgia General Assembly. Under no circumstances shall this Code section apply to any eligible person after September 30, 2010. (b) Each group contract or group plan delivered or issued for delivery in this state, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical coverage, or any combination of these coverages, on an expense incurred or service basis, excluding contracts and plans which provide benefits for specific diseases or accidental injuries only, shall provide that members and qualifying eligible individuals whose insurance under the group contract or plan would otherwise terminate shall be entitled to continue their hospital, surgical, and major medical insurance coverage under that group contract or plan for themselves and their eligible dependents.
(c)(1) Any group member or qualifying eligible individual whose coverage has been terminated and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage must continue for the fractional policy month remaining, if any, at termination plus three additional policy months, except the period of continuation coverage for assistance eligible individual in subsection (a.1) of this Code section, shall be nine months, upon payment of the premium by cash, certified check, or money order, at the option of the employer, to the policyholder or employer, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. Such premium payment must include any portion of the premium paid by a former employer or other person if such employer or other person no longer contributes premium payments for this coverage. At the end of such period, the group member shall have the same conversion rights that were available on the date of termination of coverage in accordance with the conversion privileges contained in the group contract or group plan. (2) A covered individual who is an assistance eligible individual has a right to elect continuation of his or her coverage and the coverage of his or her dependents at any

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time between the effective date of this paragraph and 60 days after receiving notice from the employer's insurer of the right to participate in a second election period for state continuation benefits under this Code section in accordance with Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5) if:
(A) The individual was involuntarily terminated from employment between September 1, 2008, and February 17, 2009, as defined in Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5); (B) The individual was eligible for state continuation under this chapter at the time of termination; (C) The individual continues to be eligible for state continuation benefits under this chapter, provided that the total period of continuous eligibility shall not exceed nine policy months from the month of the qualifying event making the individual an assistance eligible individual or the date of the election as provided in this paragraph, whichever is later; and (D) The individual or the employer of the individual contacts the insurer and informs the insurer that the individual wants to take advantage of the second election period for state continuation coverage under the provisions of Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5). (3) In addition to the group policy under which the group member was insured, the group member and any qualifying eligible individual shall, to the extent that such plan is currently offered under the group plans offered by the company, also be offered the option of continuation coverage through a high deductible health plan, or its actuarial equivalent, that is eligible for use with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code. Such high deductible health plans shall have premiums consistent with the underlying group plan of coverage rated relative to the standard or manual rates for the benefits provided. (4) Claims for a covered individual under continuation of coverage shall not be considered in rating or rerating the group premiums for the group from which the continuation of coverage is provided, except that the pooled experience for all of the insurer's continuation of coverage claims for fully insured claims may impact all such groups on an equal percentage basis. (d)(1) A group member shall not be entitled to have coverage continued if: (A) termination of coverage occurred because the employment of the group member was terminated for cause; (B) termination of coverage occurred because the group member failed to pay any required contribution; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. Further, a group member shall not be entitled to have coverage continued if the group contract or group plan was terminated in its entirety or was terminated with respect to a class to which the group member belonged. This subsection shall not affect conversion rights available to a qualifying eligible individual under any contract or plan.

FRIDAY, APRIL 3, 2009

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(2) A qualifying eligible individual shall not be entitled to have coverage continued if the most recent creditable coverage within the coverage period was terminated based on one of the following factors: (A) failure of the qualifying eligible individual to pay premiums or contributions in accordance with the terms of the health insurance coverage or failure of the issuer to receive timely premium payments; (B) the qualifying eligible individual has performed an act or practice that constitutes fraud or made an intentional misrepresentation of material fact under the terms of coverage; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. This subsection shall not affect conversion rights available to a group member under any contract or plan. (e) If the group contract or group plan terminates while any group member or qualifying eligible individual is covered or whose coverage is being continued, the group administrator, as prescribed by the insurer, must notify each such group member or qualifying eligible individual that he or she must exercise his or her conversion rights within: (1) Thirty days of such notice for group members who are not qualifying eligible individuals; or (2) Sixty-three days of such notice for qualifying eligible individuals. (f) Every group contract or group plan, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical expense insurance, or any combination of these coverages, on an expense incurred or service basis, excluding policies which provide benefits for specific diseases or for accidental injuries only, shall contain a conversion privilege provision. (g) Eligibility for the converted policies or contracts shall be as follows: (1) Any qualifying eligible individual whose insurance and its corresponding eligibility under the group policy, including any continuation available, elected, and exhausted under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), has been terminated for any reason, including failure of the employer to pay premiums to the insurer, other than fraud or failure of the qualifying eligible individual to pay a required premium contribution to the employer or, if so required, to the insurer directly and who has at least 18 months of creditable coverage immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group based coverage covering such qualifying eligible individual and any eligible dependents who were covered under the qualifying eligible individual's coverage under the group contract or group plan. Such conversion coverage must be, at the option of the individual, retroactive to the date of termination of the group coverage or the date on which continuation or COBRA coverage ended, whichever is later. The insurer must offer qualifying eligible individuals at least two distinct conversion options from which to choose. One such choice of coverage shall be comparable to comprehensive health insurance

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coverage offered in the individual market in this state or comparable to a standard option of coverage available under the group or individual health insurance laws of this state. The other choice may be more limited in nature but must also qualify as creditable coverage. Each coverage shall be filed, together with applicable rates, for approval by the Commissioner. Such choices shall be known as the 'Enhanced Conversion Options'; (2) Premiums for the enhanced conversion options for all qualifying eligible individuals shall be determined in accordance with the following provisions:
(A) Solely for purposes of this subsection, the claims experience produced by all groups covered under comprehensive major medical or hospitalization accident and sickness insurance for each insurer shall be fully pooled to determine the group pool rate. Except to the extent that the claims experience of an individual group affects the overall experience of the group pool, the claims experience produced by any individual group of each insurer shall not be used in any manner for enhanced conversion policy rating purposes; (B) Each insurer's group pool shall consist of each insurer's total claims experience produced by all groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance from which the qualifying eligible individual is converting. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts and contracts issued to trusts, multiple employer trusts, or association groups or trusts, including trusts or arrangements providing group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, through contracts issued or issued for delivery in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement; and any other group-type coverage which is determined to be a group shall also be included in the pool for enhanced conversion policy rating purposes; and (C) Any other factors deemed relevant by the Commissioner may be considered in determination of each enhanced conversion policy pool rate so long as it does not have the effect of lessening the risk-spreading characteristic of the pooling requirement. Duration since issue and tier factors may not be considered in conversion policy rating. Notwithstanding subparagraph (A) of this paragraph, the total premium calculated for all enhanced conversion policies may deviate from the group pool rate by not more than plus or minus 50 percent based upon the experience generated under the pool of enhanced conversion policies so long as rates do not deviate for similarly situated individuals covered through the pool of enhanced conversion policies; (3) Any group member who is not a qualifying eligible individual and whose insurance under the group policy has been terminated for any reason, including failure of the employer to pay premiums to the insurer, other than eligibility for medicare (reaching a limiting age for coverage under the group policy) or failure of the group

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member to pay a required premium contribution, and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group coverage covering such group member and any eligible dependents who were covered under the group member's coverage under the group contract or group plan. Such conversion coverage must be, at the option of the individual, retroactive to the date of termination of the group coverage or the date on which continuation or COBRA coverage ended, whichever is later. The premium of the basic converted policy shall be determined in accordance with the insurer's table of premium rates applicable to the age and classification of risks of each person to be covered under that policy and to the type and amount of coverage provided. This form of conversion coverage shall be known as the 'Basic Conversion Option'; and (4) Nothing in this Code section shall be construed to prevent an insurer from offering additional options to qualifying eligible individuals or group members. (h) Each group certificate issued to each group member or qualifying eligible individual, in addition to setting forth any conversion rights, shall set forth the continuation right in a separate provision bearing its own caption. The provisions shall clearly set forth a full description of the continuation and conversion rights available, including all requirements, limitations, and exceptions, the premium required, and the time of payment of all premiums due during the period of continuation or conversion. (i) This Code section shall not apply to limited benefit insurance policies. For the purposes of this Code section, the term 'limited benefit insurance' means accident and sickness insurance designed, advertised, and marketed to supplement major medical insurance. The term limited benefit insurance includes accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, and comprehensive major medical insurance coverage. (j) The Commissioner shall adopt such rules and regulations as he or she deems necessary for the administration of this Code section. Such rules and regulations may prescribe various conversion plans, including minimum conversion standards and minimum benefits, but not requiring benefits in excess of those provided under the group contract or group plan from which conversion is made, scope of coverage, preexisting limitations, optional coverages, reductions, notices to covered persons, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state. (k)(1) This Except as provided in paragraph (2) of this subsection, this Code section shall apply to all group plans and group contracts delivered or issued for delivery in this state on or after July 1, 1998 2009, and to group plans and group contracts then in effect on the first anniversary date occurring on or after July 1, 1998 2009. (2) The provisions of paragraphs (2) and (3) of subsection (c) of this Code section shall apply to all group plans and group contracts in effect on September 1, 2008.

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(l) As soon as practicable, but no later than 30 days after the effective date of this subsection, the Commissioner shall develop and direct insurers to issue notices for assistance eligible individuals regarding availability of expanded eligibility, second election, and continuation coverage assistance to be sent to the last known addresses of such assistance eligible individuals. (m) Nothing in this chapter shall imply that individuals entitled to continuation coverage who are not assistance eligible individuals shall receive benefits beyond the period of coverage provided in paragraph (1) of subsection (c) of this Code section or that assistance eligible individuals are entitled to any continuation benefit period beyond what is provided by Section 3001 of Title III of the federal American Recovery and Reinvestment Act of 2009."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Knox of the 24th moves to amend the House Committee on Insurance substitute to SB 94 (LC 37 0947S) by striking lines 86 through 90 and inserting in lieu thereof the following:

(a.2) The rights and benefits under this Code section attributable to Section 3001 of Title III of the federal American Recovery and Reinvestment Act (P.L. 111-5) shall expire when that act expires. Any extension of such benefits shall require an Act of the Georgia General Assembly. Under no circumstances shall the extended benefits for assistance eligible individuals become the responsibility of the State of Georgia or any insurer after September 30, 2010.

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 N Allison Y Amerson

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler

E Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin
Martin Y Maxwell

Y Rynders Scott, A Scott, M
Y Sellier

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Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden E Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns E 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, D Y Collins, T
Cooper N Cox

Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson E 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 Lindsey Y Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

N May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

N Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 156, nays 11.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Representative Scott of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representatives Hudson of the 124th and Scott of the 153rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of SB 94 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

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It would have been a violation of my oath of office to have voted to pass this version of SB 94.
/s/ Bobby Franklin Representative, District 43
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 639. By Representatives Dollar of the 45th, Butler of the 18th, Lane of the 167th, Burkhalter of the 50th, Keen of the 179th 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 supporting the protection of wild dolphins in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to EarthEcho International, Inc., for scientific research to conserve the ocean environment and protect wild dolphins; to repeal conflicting laws; and for other purposes.
HB 813. By Representative Howard of the 121st:
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 membership of the Authority; to provide for the terms and appointment of members of the Authority; to provide for qualifications of the members of the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has passed as amended, by the requisite constitutional majority, the following bill of the House:
HB 743. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Jordan of the 77th:

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A BILL to be entitled an Act to amend an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), so as to revise provisions relating to the ethics commission; to provide for removal of commission members for failure to carry out duties or attend meetings; to provide that the commission shall have the exclusive authority to punish ethical violations by members of the school board; to provide for a budget for the commission; to authorize the commission to adopt a seal; to change provisions relating to procedures and evidentiary rules and standards in proceedings of the commission; 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 642. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Smith of the 129th and Buckner of the 130th:
A BILL to be entitled an Act to authorize the governing authority of the City of Columbus, Georgia, to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 646. By Representatives James of the 135th and Harden of the 147th:
A BILL to be entitled an Act to authorize the Magistrate Court of Dooly County to establish and charge a law library fee pursuant to Article 5 of Chapter 10 of Title 15 of the O.C.G.A.; to provide that funds shall be used for the maintenance of the Dooly County law library; to provide that funds collected shall be remitted to the county treasury; to repeal conflicting laws; and for other purposes.
HB 658. By Representatives James of the 135th and Harden of the 147th:
A BILL to be entitled an Act to create a board of elections and registration for Dooly 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 an election supervisor and the powers and duties thereof; to provide for certain expenditures of public funds; to provide for submission under Section

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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 709. 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 submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 710. By Representatives Greene of the 149th, Powell of the 171st and Dukes of the 150th:
A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to change certain provisions relating to a definition; to change certain provisions relating to composition, terms, quorum, and voting; to change certain provisions relating to powers of the authority; to change certain provisions relating to bonds of the authority; to change certain provisions relating to rules and regulations; to change certain provisions relating to effects on powers of local governments; to change certain provisions relating to immunity; to repeal conflicting laws; and for other purposes.
HB 714. By Representatives Marin of the 96th, Rice of the 51st and Floyd of the 99th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Norcross, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4727) and by an Act approved March 25, 1996 (Ga. L. 1996, p. 3666), so as to change the terms of the mayor and city councilmembers; to provide that the mayor and councilmembers shall be elected by a plurality; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 715. By Representatives Marin of the 96th, Rice of the 51st and Floyd of the 99th:
A BILL to be entitled an Act to authorize the governing authority of the City of Norcross to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations;

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to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 746. By Representative Walker of the 107th:
A BILL to be entitled an Act to amend an Act to reincorporate and provide a new charter for the City of Loganville in the counties of Walton and Gwinnett, approved March 24, 1988 (Ga. L. 1988, p. 4827), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4657), so as to change the terms of the mayor and city councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 749. By Representative Morris of the 155th:
A BILL to be entitled an Act to amend an Act creating the Montgomery County Board of Commissioners, approved February 27, 1953 (Ga. L. 1953, p. 2740), so as to provide that such board shall meet at a certain time and date monthly; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 762. By Representative Scott of the 2nd:
A BILL to be entitled an Act to amend an Act creating the board of commissioners of Dade County, approved April 4, 1991 (Ga. L. 1991, p. 3893), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5339), and an Act approved April 7, 2004 (Ga. L. 2004, p. 3535), so as to provide that the members of the board of commissioners elected to represent Commissioner Districts 1 through 4 shall be required to reside in their respective districts but shall be elected by all of the electors of Dade County; to provide for a referendum; to provide for preclearance pursuant to 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 764. By Representatives Millar of the 79th, Oliver of the 83rd, Drenner of the 86th, Mitchell of the 88th, Jacobs of the 80th and others:
A BILL to be entitled an Act to amend an Act entitled the "Unincorporated DeKalb County Community Improvement District Act of 1998," approved April 2, 1998 (Ga. L. 1998, p. 4228), as amended, by an Act approved January 7, 1999 (Ga. L. 1999, p. 4805), an Act approved April 1, 2005 (Ga. L. 2005, p. 3507), and an Act approved May 18, 2007 (Ga. L. 2007, p. 4064), so as to

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provide a definition for the governing authority of the City of Dunwoody; to provide for the composition of the district board upon the incorporation of some portion of the district; to provide for future expansion of the district; to provide for debt of the district; to provide for the adoption of a dissolution resolution; to repeal conflicting laws; and for other purposes.
HB 770. By Representative Nix of the 69th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Franklin, approved March 24, 1988 (Ga. L. 1988, p. 4515), so as to state legislative findings; to establish the compensation of the mayor and councilmembers of the City of Franklin for a period of time; to provide that such compensation shall thereafter be determined as provided by ordinance and general law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 773. By Representatives Bryant of the 160th, Stephens of the 164th, Day of the 163rd, Stephens of the 161st, Gordon of the 162nd and others:
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, particularly by an Act approved April 21, 1989 (Ga. L. 1989, p. 5105), so as to deannex certain property from such city's corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 778. By Representatives Lunsford of the 110th and Yates of the 73rd:
A BILL to be entitled an Act to authorize the governing authority of the City of Locust Grove to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 783. By Representative Smith of the 113th:
A BILL to be entitled an Act to amend an Act incorporating the Town of North High Shoals, approved March 24, 1933 (Ga. L. 1933, p. 1040), as amended, so as to extensively revise and restate the town charter; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and

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investigations; to provide for submission under the Federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 787. By Representatives Greene of the 149th, Powell of the 171st and Dukes of the 150th:
A BILL to be entitled an Act to amend an Act creating the South Georgia Regional Information Technology Authority, approved May 29, 2007 (Ga. L. 2007, p. 4336), so as to prohibit the authority from issuing any revenue bonds; to repeal conflicting laws; and for other purposes.
HB 793. By Representative Sims of the 169th:
A BILL to be entitled an Act to create the City of Pearson Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for a principal office; to provide for validation; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 799. By Representative Powell of the 29th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Carnesville, approved April 13, 2001 (Ga. L. 3834), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3606), so as to exchange the corporate boundaries of the city; to repeal conflicting laws; and for other purposes.
HB 811. By Representatives Glanton of the 76th, Baker of the 78th, Johnson of the 75th, Abdul-Salaam of the 74th, Jordan of the 77th and others:
A BILL to be entitled an Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3838), and by an Act approved March 15, 1988 (Ga. L. 1988, p. 3933), and by an Act approved April 4, 1996 (Ga. L. 1996, p. 4083), so as to provide an additional judge for the State Court of Clayton County; to provide for the appointment of the initial additional judge; to provide for the election of

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successors; to provide for terms of office of said additional judge and successors to such judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

SB 56.

By Senators Butler of the 55th, Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Reed of the 35th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine; to provide a statement of purpose; to provide for definitions; to provide for a misdemeanor penalty for noncompliance; 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 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine; to provide a statement of purpose; to provide for definitions; to provide for a misdemeanor penalty for noncompliance; 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 purpose of this Act is to reduce and prevent the operation of clandestine methamphetamine laboratories and the contamination of private property by such laboratories in Georgia. At this time, the state does not have a centralized real-time electronic logbook able to record purchases of products containing ephedrine, pseudoephedrine, and phenylpropanolamine. The failure to have such a centralized electronic data base permits and encourages criminals to illegally purchase large quantities of such products for the production of methamphetamine by going from store to store, and, sometimes, from state to state. Georgia law enforcement officials need this

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critical tool to combat methamphetamine production. Other states have adopted similar measures, thereby encouraging methamphetamine producers to relocate to states, such as Georgia, that are unable to track their unlawful activities. Immediate action is needed by the General Assembly to protect Georgia's citizens, especially Georgia's children, from the increasing harm caused by methamphetamine producers.
SECTION 2. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding a new article to read as follows:
"ARTICLE 2A
35-3-50. As used in this article, the term:
(1) 'Pharmacy or retailer' shall mean any place or business authorized to make retail sales of products containing ephedrine, pseudoephedrine, or phenylpropanolamine to consumers. (2) 'StopMeth Log' shall mean Georgia's real-time electronic logbook system maintained either by the Georgia Bureau of Investigation or by a program, approved by the bureau, that works in conjunction with other federal or state law enforcement agencies so that such system is maintained under the joint program such as the Atlanta High Intensity Drug Trafficking Area program, for the purpose of recording information relating to the purchase of products containing ephedrine, pseudoephedrine, or phenylpropanolamine and for monitoring such information for the prevention of illegal purchases of such products.
35-3-51. (a) To the extent funds are available, the Georgia Bureau of Investigation is authorized to establish the StopMeth Log and may utilize any federal, state, or other grant funds available or donations of funds or property for purposes relating to the initiation, implementation, and operation of the electronic log. (b) Where the Georgia Bureau of Investigation has provided access to the StopMeth Log by making the system available through the Internet, a pharmacy or retailer shall be required to enter into the StopMeth Log information pertaining to each transaction involving the sale of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine as required by this article. Such entry shall be made at the time of the sale. Information to be entered on the StopMeth Log shall include the full name, address, and date of birth of the purchaser, the date of purchase, the quantity purchased or attempted to be purchased, and such other information as required by the Georgia Bureau of Investigation; provided, however, that any system developed by the state to collect such information shall be required to accept the information from pharmacies or retailers in the form being utilized by such pharmacies or retailers and such pharmacies or retailers shall not be required to incur any additional costs to change their reporting systems to provide such information.

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(c) A person purchasing, receiving, or otherwise acquiring or attempting to aquire a product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall be 18 years of age or older and shall be required to produce current, valid photographic identification of such purchaser and sign a written or electronic log or receipt that documents the date of the transaction, the full name, address, and date of birth of the person, and the quantity of ephedrine, pseudoephedrine, or phenylpropanolamine purchased, received, or otherwise acquired or attempted to be acquired. No person shall purchase or attempt to purchase an amount of ephedrine, pseudoephedrine, or phenylpropanolamine in violation of state or federal law. (d) A person who violates any provision of this Code section shall upon conviction be guilty of a misdemeanor. Each separate purchase or attempted purchase made in violation of this statue shall constitute a separate offense. Each transaction where records are not generated or maintained shall constitute a separate offense. An offense created by this Code section shall not merge with any other charge or offense.
35-3-52. (a) To the extent funds are available, the Georgia Bureau of Investigation shall make the StopMeth Log available through the Internet to pharmacies and retailers in this state. The Georgia Bureau of Investigation may conduct pilot projects or designate areas of operation which include less than all areas of this state. (b) The StopMeth Log shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations and to match similar identification information. Except as authorized by this article, the Georgia Bureau of Investigation and other law enforcement entities or approved users and operators shall not disclose any information entered, collected, recorded, transmitted, or maintained on the StopMeth Log. (c) The Georgia Bureau of Investigation shall provide Internet access to information maintained in the StopMeth Log to the following:
(1) Any local, state, or federal law enforcement official; and (2) The Georgia Drugs and Narcotics Agency for the purpose of investigating misconduct or a suspicious transaction committed by a pharmacy, an employee of a pharmacy, or pharmacist. (d) The Georgia Bureau of Investigation shall promulgate rules necessary to implement the provisions of this article. The Georgia Bureau of Investigation shall prescribe the manner in which a pharmacy or retailer shall enter the information required by the bureau under this article. Records maintained within the StopMeth Log may be destroyed at such time as the Georgia Bureau of Investigation determines is appropriate but not sooner than two years from the date of the entry of such record."
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:

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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, IV, or V controlled substances by the Georgia Drugs and Narcotics Agency; to require dispensers to submit certain information regarding the dispensing of such controlled substances; to provide for the confidentiality of submitted information except under certain circumstances; to authorize the contracting of services relating to the program; to provide for notice and information to prescribers and dispensers; 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 amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine; to provide for definitions; 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.'
16-13-121. This article is intended to improve health care quality and effectiveness by reducing abuse of controlled substances, reducing duplicative prescribing and overprescribing of controlled substances, and improving controlled substance prescribing practices with the intent of establishing an electronic data base available to dispensers and prescribers of controlled substances.
16-13-122. As used in this article, the term:
(1) 'Agency' means the Georgia Drugs and Narcotics Agency.

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(2) 'Controlled substance' has the same meaning given such term in paragraph (4) of Code Section 16-13-21. (3) 'Dispenser' means a person that delivers a Schedule II, III, IV, or V 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 that 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 that dispenses or administers such substances for long-term 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; (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; or (E) A licensed veterinarian. A clinic or other health care facility may apply to the agency 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 agency, in consultation with the Composite State Board of Medical Examiners and the Georgia State Board of Pharmacy, 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. (4) '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. (5) 'Prescriber' means a physician, dentist, optometrist, podiatrist, or other person licensed, registered, or otherwise authorized under the laws of this state to prescribe, distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state. This term shall not include a licensed veterinarian. (6) 'Schedule II, III, IV, or V controlled substance' means a controlled substance that is classified as a Schedule II, III, IV, or V controlled substance under Code Section 16-13-26, 16-13-27, 16-13-28, or 16-13-29, respectively, or under the Federal Controlled Substances Act, 21 U.S.C. Section 812.

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16-13-123. (a) The 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 agency 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 established under the provisions of Code Section 16-13-124. The agency 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 or prescriber to incur costs to purchase equipment and software to comply with this article or to incur ongoing expenses in complying with this article.
16-13-124. (a) The agency, in consultation with the Composite State Board of Medical Examiners and the Georgia State Board of Pharmacy, shall establish and maintain a program for the monitoring of prescribing and dispensing of all Schedule II, III, IV, or V controlled substances.
(b)(1) Except as otherwise provided for in this Code section, beginning January 1, 2011, each dispenser shall submit to the agency by electronic means information regarding each prescription dispensed for a Schedule II, III, IV, or V controlled substance in accordance with this subsection. (2) The information submitted for each prescription dispensed for a Schedule II, III, IV, or V controlled substance shall include, but not be limited to:
(A) United States Drug Enforcement Administration (DEA) permit number or approved dispenser facility identification number; (B) Date prescription filled; (C) Prescription number; (D) Whether prescription is new or a refill; (E) National Drug Code (NDC) for drug dispensed; (F) Quantity and strength dispensed; (G) Number of days' supply of the drug; (H) Patient's name; (I) Patient's address; (J) Patient's date of birth; (K) Approved prescriber identification number; (L) Date prescription issued by prescriber; and (M) Other data elements consistent with standards established by the American Society for Automation in Pharmacy, if designated by regulations of the agency. (3) The agency shall not revise the information required to be submitted by dispensers pursuant to paragraph (2) of this subsection more frequently than annually.

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Any such change to the required information shall neither be effective nor be applicable to dispensers until six months after the adoption of such changes. (c) Each dispenser shall weekly submit the information required in subsection (b) of this Code section in accordance with transmission methods and requirements established by the agency and shall report, at a minimum, prescriptions dispensed up to the day prior to data submission. (d) Dispensers who do not have the technical capabilities to comply with this article shall not be required to submit prescription information prior to July 1, 2011. (e) Beginning July 1, 2011, the agency may issue a waiver to a dispenser that is unable to submit required prescription information by electronic means acceptable to the agency. Such waiver may permit the dispenser to submit required prescription information by paper form or other means, provided that 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) Required prescription information submitted to the agency 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 agency 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, including verification of the identity of a recipient of information pursuant to this Code section. Such information shall not be disclosed to persons except as otherwise provided in this article 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 agency shall review the required prescription information and if there is reasonable cause to believe a violation of law or breach of professional standards may have occurred, the agency shall notify the appropriate law enforcement or professional licensing, certification, or regulatory board or entity and shall provide prescription information to such board or entity which may be necessary for an investigation. In no event shall the agency be authorized to analyze prescription information of any individual patient or physician unless there is reasonable cause to believe that an impropriety may have occurred. (d) The agency 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;

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(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, Georgia State Board of Pharmacy, or any licensing board whose practitioners have the authority to prescribe or dispense controlled substances but only as to the practitioners of such board; (4) Local, state, and federal law enforcement, regulatory, or prosecutorial officials engaged in the administration, investigation, or enforcement of the laws governing licit drugs and who are involved in a bona fide, specific drug related investigation involving a designated case; (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. (e) The agency 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) The agency may provide data to a prescription monitoring program of another state if the confidentiality, security, and privacy standards of the requesting state are determined by the agency to be equivalent to those of the agency. (g) Any person who receives data or reports relating to this article from the agency shall not provide such data or reports to any other person except by order of a court of competent jurisdiction or as otherwise permitted pursuant to this article. (h) Prescription information submitted pursuant to this article shall be purged from the data base five years after the prescription was dispensed. (i) Any permissible user identified in this article who directly accesses data electronically shall implement and maintain a comprehensive information security program that contains administrative, technical, and physical safeguards that are appropriate to the user's size and complexity and to the sensitivity of the personal information obtained. The permissible user shall identify reasonably foreseeable internal and external risks to the security, confidentiality, and integrity of personal information that could result in the unauthorized disclosure, misuse, or other compromise of the information and shall assess the sufficiency of any safeguards in place to control the risks.
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 16-13130 for unlawful acts.

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16-13-127. The agency shall provide notice and information to all prescribers and dispensers in this state as to the intent of this article, the program established pursuant to this article, and instructions on how to submit prescription information to the agency via electronic means.
16-13-128. (a) There is established a Prescription Monitoring Program Advisory Committee for the purposes of consulting with and advising 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, evaluation of data to identify benefits and outcomes of the program, communication to prescribers and dispensers as to the intent of the program and how to use the data base, and security of data collected. (b) The advisory committee shall consist of:
(1) A representative from the Composite State Board of Medical Examiners; (2) A representative from the Georgia State Board of Pharmacy; (3) A representative from the Georgia Board of Dentistry; (4) A board certified oncologist appointed by the agency; (5) A physician certified in pain management appointed by the agency; (6) A representative from a licensed hospice appointed by the agency; (7) An addictive disorders specialist appointed by the agency; (8) A representative from the Division of Public Health of the Department of Human Resources; (9) A consumer member; (10) A representative from the State Board of Optometry; and (11) A board certified physician who is a dispenser. 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. A majority 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.
16-13-129. The agency shall promulgate rules and regulations setting forth the procedures and methods for implementing this article. Nothing in this article shall be construed to authorize the agency to establish rules or regulations which limit, revise, or expand or purport to limit, revise, or expand any prescription or dispensing authority of any prescriber or dispenser subject to this article.

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16-13-130. (a) A dispenser who willfully and intentionally fails to submit prescription monitoring information to the agency 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) An individual 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) An individual 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.
16-13-131. 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. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding a new article to read as follows:
"ARTICLE 2A
35-3-50. As used in this article, the term:
(1) 'Pharmacy or retailer' shall mean any place or business authorized to make retail sales of products containing ephedrine, pseudoephedrine, or phenylpropanolamine to consumers. (2) 'StopMeth Log' shall mean Georgia's real-time electronic logbook system maintained either by the Georgia Bureau of Investigation or by a program, approved by the bureau, that works in conjunction with other federal or state law enforcement

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agencies so that such system is maintained under the joint program such as the Atlanta High Intensity Drug Trafficking Area program, for the purpose of recording information relating to the purchase of products containing ephedrine, pseudoephedrine, or phenylpropanolamine and for monitoring such information for the prevention of illegal purchases of such products.
35-3-51. (a) To the extent funds are available, the Georgia Bureau of Investigation is authorized to establish the StopMeth Log and may utilize any federal, state, or other grant funds available or donations of funds or property for purposes relating to the initiation, implementation, and operation of the electronic log. (b) Where the Georgia Bureau of Investigation has provided access to the StopMeth Log by making the system available through the Internet, a pharmacy or retailer shall be required to enter into the StopMeth Log information pertaining to each transaction involving the sale of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine as required by this article. Such entry shall be made at the time of the sale. Information to be entered on the StopMeth Log shall include the full name, address, and date of birth of the purchaser, the date of purchase, the quantity purchased or attempted to be purchased, and such other information as required by the Georgia Bureau of Investigation; provided, however, that any system developed by the state to collect such information shall be required to accept the information from pharmacies or retailers in the form being utilized by such pharmacies or retailers and such pharmacies or retailers shall not be required to incur any additional costs to change their reporting systems to provide such information. (c) A person purchasing, receiving, or otherwise acquiring or attempting to aquire a product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall be 18 years of age or older and shall be required to produce current, valid photographic identification of such purchaser and sign a written or electronic log or receipt that documents the date of the transaction, the full name, address, and date of birth of the person, and the quantity of ephedrine, pseudoephedrine, or phenylpropanolamine purchased, received, or otherwise acquired or attempted to be acquired. No person shall purchase or attempt to purchase an amount of ephedrine, pseudoephedrine, or phenylpropanolamine in violation of state or federal law. (d) A person who violates any provision of this Code section shall upon conviction be guilty of a misdemeanor. Each separate purchase or attempted purchase made in violation of this statue shall constitute a separate offense. Each transaction where records are not generated or maintained shall constitute a separate offense. An offense created by this Code section shall not merge with any other charge or offense.
35-3-52. (a) To the extent funds are available, the Georgia Bureau of Investigation shall make the StopMeth Log available through the Internet to pharmacies and retailers in this

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state. The Georgia Bureau of Investigation may conduct pilot projects or designate areas of operation which include less than all areas of this state. (b) The StopMeth Log shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations and to match similar identification information. Except as authorized by this article, the Georgia Bureau of Investigation and other law enforcement entities or approved users and operators shall not disclose any information entered, collected, recorded, transmitted, or maintained on the StopMeth Log. (c) The Georgia Bureau of Investigation shall provide Internet access to information maintained in the StopMeth Log to the following:
(1) Any local, state, or federal law enforcement official; and (2) The Georgia Drugs and Narcotics Agency for the purpose of investigating misconduct or a suspicious transaction committed by a pharmacy, an employee of a pharmacy, or pharmacist. (d) The Georgia Bureau of Investigation shall promulgate rules necessary to implement the provisions of this article. The Georgia Bureau of Investigation shall prescribe the manner in which a pharmacy or retailer shall enter the information required by the bureau under this article. Records maintained within the StopMeth Log may be destroyed at such time as the Georgia Bureau of Investigation determines is appropriate but not sooner than two years from the date of the entry of such record."

SECTION 3. This Act shall become effective on July 1, 2009.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Ehrhart of the 36th moved that SB 56 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 Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden E Beasley-Teague N Benfield Y Benton Y Black N Brooks

Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey N Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J

E Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne N Houston N Howard N Hudson N Hugley Y Jackson Y Jacobs N James Y Jerguson N Johnson, C

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan N Morris N Mosby N Murphy

Y Rynders N Scott, A Y Scott, M Y Sellier Y Setzler N Shaw
Sheldon N Shipp Y Sims, B
Sims, C N Sinkfield Y Smith, B Y Smith, L N Smith, R Y Smith, T
Smith, V

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N Bruce N Bryant N Buckner Y Burkhalter Y Burns E Butler Y Byrd N Carter, A N Carter, B Y Casas N Chambers N Channell Y Cheokas Y Coan N Cole
Coleman Y Collins, D N Collins, T N Cooper Y Cox

Y Everson E Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner
Harbin N Harden, B Y Harden, M Y Hatfield N Heard

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 N Lindsey N Long Y Loudermilk N Lucas N Lunsford Y Maddox, B N Maddox, G N Mangham

On the motion, the ayes were 84, nays 84.

N Neal Y Nix N Oliver Y O'Neal Y Parham N Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

N Smyre N Stephens, M N Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, M N Williams, R N Wix N Yates
Richardson, Speaker

The chair voted "aye".

On the motion, the ayes were 85, nays 84.

The motion prevailed.

Representative Randall of the 138th moved that the SB 56 be taken from the table.

By unanimous consent, Representative Randall of the 138th withdrew her motion.

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 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:

A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia

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Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; 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: Goggans of the 7th, Grant of the 25th, and Unterman of the 45th.
The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:
HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Dawkins-Haigler of the 93rd:
A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; 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 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the House:
HB 608. By Representatives Weldon of the 3rd, Willard of the 49th, Lane of the 167th, Jacobs of the 80th, Powell of the 171st and others:
A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to time-share projects and programs, so as to provide for definitions; to provide that a time-share estate shall include certain interests; to provide for certain actions when such interests are held in trust; to provide for certain

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fiduciary requirements to an owners' association; 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 149. By Senators Shafer of the 48th, Pearson of the 51st, Hamrick of the 30th, Moody of the 56th, Chance of the 16th and others:
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 revise the "Uniform Athlete Agents Act"; to provide for the regulation of athlete agents; to terminate the Georgia Athlete Agent Regulatory Commission; to provide for general powers and duties of the Secretary of State relating to the regulation of athlete agents; to require a certificate of registration to act as an athlete agent in this state; to provide requirements for agency contracts; to provide for cancellation of agency contracts by student athletes; to provide for civil penalties and civil causes of action; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for regulation and review of existing regulation as it relates to certain professions and businesses; to provide for review of existing regulatory entities to determine the need for change to their current regulations; to provide for the evaluation of the regulations of existing regulatory entities; to revise the "Uniform Athlete Agents Act"; to provide for the regulation of athlete agents; to provide a short title; to provide for definitions; to terminate the Georgia Athlete Agent Regulatory Commission; to provide for general powers and duties of the Secretary of State relating to the regulation of athlete agents; to require a certificate of registration to act as an athlete agent in this state; to require certain records to be kept; to provide for the issuance, renewal, and suspension of certificates of registration; to provide for hearings; to provide for registration with the Secretary of State; to prohibit certain activities by athlete agents; to provide for notice of existence of agency contracts to the athletic directors of educational institutions; to provide requirements for agency contracts; to provide for cancellation of agency contracts by student athletes; to provide for civil penalties and civil causes of action; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Chapter 1A, relating to occupational regulation legislation review, as follows:
"CHAPTER 1A
43-1A-1. This chapter shall be known and may be cited as the 'Georgia Occupational Regulation Review Law.'
43-1A-2. The General Assembly finds that the need for and the effectiveness of establishing occupational licensure and certification in this state has not been systematically evaluated. It is the purpose of this chapter to ensure that no programs of licensure and certification shall hereafter be imposed upon any profession or business unless required for the safety and well-being of the citizens of the this state. It is the further purpose of this chapter to authorize the periodic review of existing regulatory entities to ensure that the authority of such regulatory entities is applicable and necessary with relation to the current professional and business conditions of this state. Any actions of the council pursuant to this chapter are solely recommendations and shall be nonbinding.
43-1A-3. As used in this chapter, the term:
(1) 'Applicant group' means any business or professional group or organization, any individual, or any other interested party which proposes that any business or professional group not presently regulated be regulated by the state. (2) 'Certificate' or 'certification' means a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by that regulatory entity and who may assume or use 'certified' in the title or designation to perform prescribed occupational tasks. (3) 'Council' means the Georgia Occupational Regulation Review Council. (4) 'Grandfather clause' means a provision in a regulatory statute applicable to individuals engaged in the regulated business or profession prior to the effective date of the regulatory statute which exempts the individuals from meeting prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks. (5) 'Legislative committee of reference' means the standing legislative committee designated by the Speaker of the House of Representatives or the President of the Senate to consider proposed legislation introduced in their respective houses of the General Assembly to regulate any business or occupation not previously regulated. (6) 'License,' 'licensing,' or 'licensure' means authorization to engage in a business or profession which would otherwise be unlawful in the state in the absence of

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authorization. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed business or professional tasks, who use a particular title, or who perform those tasks and use a particular title. (7) 'Regulate' or 'regulation' means the process of licensure or certification as defined in this Code section. (8) 'Regulatory entity' means any state agency which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. (9) 'State agency' means each state board, bureau, commission, department, division, office, or other separate unit of state government created or established by law.
43-1A-4. (a) There is created the Georgia Occupational Regulation Review Council. (b) The council shall consist of ten members:
(1) The Comptroller General or his or her designee; (2) The Secretary of State or his or her designee; (3) The commissioner of human resources or his or her designee; (4) The director of the Office of Planning and Budget or his or her designee; (5) The commissioner of natural resources or his or her designee; (6) The state revenue commissioner or his or her designee; (7) The Commissioner of Agriculture or his or her designee; (8) The administrator of the 'Fair Business Practices Act of 1975' or his or her designee; (9) The chairperson of the legislative committee of reference or that person's designee from that committee, but only when legislation referred by such committee is being considered by the council; and (10) The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairperson's designee from that committee, but only when legislation of which that presiding officer was notified under subsection (b) of Code Section 43-1A-5 is being considered by the council. (c) The director of the Office of Planning and Budget or his or her designee shall serve as chairperson of the council. (d) Legislative members of the council appointed thereto pursuant to paragraphs (9) and (10) of subsection (b) of this Code section shall receive for their attendance of meetings of the council the same expense and mileage allowance authorized for legislative members of interim legislative committees.
43-1A-5. (a) It shall be the duty of the council to:
(1) Review review all bills introduced in the General Assembly to license or certify a profession or business, which is not currently licensed or certified by the state, based on the criteria outlined in Code Section 43-1A-6.; and

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(2) Review each existing regulatory entity that is currently regulated pursuant to this title to determine the applicability and necessity of such regulatory entity's authority with relation to the current professional and business conditions of this state. The council shall conduct such review a minimum of once every seven years. All council meetings relating to a review of an existing regulatory entity pursuant to this paragraph shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The chairperson of the legislative committee of reference shall provide written notification to the council of any proposed legislation introduced in that house of the General Assembly of which that committee is a standing committee if that legislation provides for the licensure or certification of a business or profession not currently licensed or certified by the state. That chairperson at the same time shall provide written notification of that legislation to the presiding officer of the house of the General Assembly in which that legislation was not introduced, and that presiding officer shall then appoint the chairperson of a standing committee of that house to serve as a member of the council for the purpose of considering that legislation, except that the chairperson so appointed may instead designate another member of that standing committee to serve as a member of the council for that purpose. Within a period of time not to exceed nine months from the date of such notification to the council, but in no event later than the convening date of the next succeeding regular session of the General Assembly, the council shall provide a formal report evaluating the need to regulate the business or profession based on the factors and information provided under Code Section 43-1A-7 to the chairperson of the legislative committee of reference, the committee chairperson appointed to the council pursuant to paragraph (10) of subsection (b) of Code Section 43-1A-4, the presiding officers of the House of Representatives and the Senate, and the legislative counsel. If, subsequent to a review pursuant to paragraph (2) of subsection (a) of this Code section, the council concludes changes are needed to the regulations of an existing regulatory entity, or that a regulatory entity's existence is no longer necessary or in the interests of the state, a formal report recommending such changes shall be completed and distributed in the same manner described previously herein. If the council determines a need for regulation, the report shall recommend an appropriate type of regulation and an appropriate state agency to oversee the regulation. (c) The council shall work with the applicant group, the legislative committee of reference, and other interested parties in formulating its formal report. (d) The head of a regulatory entity subject to review pursuant to paragraph (2) of subsection (a) of this Code section shall have the right to testify to the council to contribute its perspective and recommendations regarding potential changes to how such regulatory entity is regulated.
43-1A-6. All bills introduced in the General Assembly to newly regulate a profession or business should and all reviews of existing regulatory entities pursuant to paragraph (2) of

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subsection (a) of Code Section 43-1A-5 shall be reviewed according to the following criteria. In evaluating how or whether a profession or business shall hereafter be regulated, the following factors shall be considered:
(1) Whether the unregulated practice of an the occupation may harm or endanger the health, safety, and welfare of citizens of the this state and whether the potential for harm is recognizable and not remote; (2) Whether the practice of an the occupation requires specialized skill or training and whether the public needs and will benefit by assurances of initial and continuing occupational ability; (3) Whether the citizens of this state are or may be effectively protected by other means; and (4) Whether the overall cost effectiveness and economic impact would be positive for citizens of the state this state; and (5) Whether there are means other than state regulation to protect the interests of the state.
43-1A-7. After July 1, 1986, applicant Applicant groups and other interested parties shall explain in writing each of the following factors to the extent requested by the council and the legislative committee of reference:
(1) A definition of the problem and why regulation is necessary: (A) The nature of the potential harm to the public if the business or profession is not regulated, and the extent to which there is a threat to public health and safety; and (B) The extent to which consumers need and will benefit from a method of regulation identifying competent individuals engaged in the business or profession;
(2) The efforts made to address the problem: (A) Voluntary efforts, if any, by members of the business or profession to establish a code of ethics or help resolve disputes between the business or professional group and consumers; and (B) Recourse to and the extent of use of applicable law and whether it could be strengthened to control the problem;
(3) The alternatives considered: (A) Regulation of business or professional employers rather than employees; (B) Regulation of the program or service rather than the individuals; (C) Registration of all individuals; (D) Certification of all individuals; (E) Other alternatives; (F) Why the use of the alternatives specified in this paragraph would not be adequate to protect the public interest; and (G) Why licensure would serve to protect the public interest;
(4) The benefit to the public if regulation is granted:

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(A) The extent to which the incidence of specific problems present in the unregulated business or profession can reasonably be expected to be reduced by regulation; (B) Whether the public can identify qualified individuals; (C) The extent to which the public can be confident that regulated individuals are competent:
(i) Whether the proposed regulatory entity would be a board composed of members of the profession and public members, or a state agency, or both and, if appropriate, their respective responsibilities in administering the system of certification or licensure, including the composition of the board; the powers and duties of the board or state agency regarding examinations, investigations, and the disciplining of certified or licensed individuals; the promulgation of rules and a code of ethics; and how fees would be levied and collected to cover the expenses of administering and operating the regulatory system; (ii) If there is a grandfather clause, whether such individuals will be required to meet the prerequisite qualifications established by the regulatory entity at a later date; (iii) The nature of the standards proposed for certification or licensure as compared with the standards of other jurisdictions; (iv) Whether the regulatory entity would be authorized to enter into reciprocity agreements with other jurisdictions; and (v) The nature and duration of any training and whether applicants will be required to pass an examination; and, if an examination is required, by whom it will be developed and how the cost of development will be met; and (D) Assurance to the public that regulated individuals have maintained their competence: (i) Whether the certification or license will carry an expiration date; and (ii) Whether renewal will be based only upon payment of a fee or whether renewal will involve reexamination, satisfactory completion of continuing education, peer review, or other enforcement; (5) The extent to which regulation might harm the public: (A) The extent to which regulation might restrict entry into the business or profession and whether the proposed standards are more restrictive than necessary to ensure safe and effective performance; and (B) Whether there are similar professions to that of the applicant group which should be included in, or portions of the applicant group which should be excluded from, the proposed legislation; (6) A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the business or profession in this state, an estimate of the number of individuals in each group, and whether the groups represent different levels of business or professional activity; (7) The expected cost of regulation: (A) The impact regulation might have on the costs of service to the public;

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(B) The impact regulation might have on various types of insurance; and (C) The initial and long-term cost to the state and to the general public of implementing the proposed legislation; and (8) Any additional information requested by the council or the legislative committee of reference.
43-1A-8. (a) After evaluating the report of the council and any other desired information based on the criteria outlined in Code Section 43-1A-6 and considering governmental and societal costs and benefits, if the General Assembly finds that it is necessary to regulate a business or profession not previously regulated by law, the most appropriate alternative method of regulation should be implemented, consistent with the public interest and this Code section:
(1) Where the consumer may have a substantial basis for relying on the services of a profession or business, a system of certification should be implemented; (2) Where apparent that adequate regulation cannot be achieved by means other than licensing, a system of licensing should be implemented; or (3) Where regulation as defined in this chapter is deemed too restrictive and unnecessary to protect the public health and welfare, a less restrictive means of ensuring public protection, including, but not limited to, stricter civil action or criminal penalties, inspection requirements, or a system of registration, may be considered. (b) The General Assembly may, with regard to an existing regulatory entity, and after evaluating the report of the council or any desired information, including, but not limited to, the criteria outlined in Code Section 43-1A-6 and any governmental and societal costs and benefits: (1) Take no action if it has determined that such existing regulatory agency is efficiently regulated and that no action is necessary in the interests of the state; (2) Amend the enabling legislation of such existing regulatory entity if it has determined that making such amendments shall more efficiently regulate such regulatory entity in a manner that is in the best interests of the state; or (3) Repeal the enabling legislation of such existing regulatory entity if it has determined that the continuing regulation of such regulatory entity is no longer in the interests of the state.
43-1A-9. Nothing in this chapter shall be construed to limit the authority of the General Assembly to legislate as authorized by the Constitution."
SECTION 2. Said title is further amended by revising Chapter 4A, relating to athlete agents, as follows:

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"CHAPTER 4A
43-4A-1. This chapter shall be known and may be cited as the 'Uniform Athlete Agents Act.'
43-4A-2. As used in this chapter, the term:
(1) 'Agency contract' means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement contract. (2) 'Athlete agent' means an individual who enters into an agency contract with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into an agency contract. This term includes an individual who represents to the public that the individual is an athlete agent. This term does not include a spouse, parent, sibling, grandparent, or guardian of the student athlete or an individual acting solely on behalf of a professional sports team or professional sports organization. (3) 'Athletic director' means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males and or the athletic program for females, as appropriate. (4) 'Commission' means the Georgia Athlete Agent Regulatory Commission created in Code Section 43-4A-3. (5) 'Contact' means a communication, direct or indirect, between an athlete agent and a student athlete to recruit or solicit the student athlete to enter into an agency contract. (6)(5) 'Endorsement contract' means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. (7)(6) 'Intercollegiate sport' means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics. (8)(7) 'Person' means any individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (9)(8) 'Professional sports services contract' means an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete. (10)(9) '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. (11)(10) 'Registration' means registration as an athlete agent pursuant to this chapter.

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(11) 'Secretary of State' means the Secretary of State of the State of Georgia and his or her designee. (12) '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. (13) 'Student athlete' means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport.
43-4A-3. (a)(1) There shall be a commission for the regulation of athlete agents in the State of Georgia to be known as the Georgia Athlete Agent Regulatory Commission. (2) Until July 1, 2003, the commission shall consist of six members with an interest in college athletics to be appointed as follows: (A) The Governor shall appoint two commission members; (B) The President of the Senate shall appoint two commission members; and (C) The Speaker of the House of Representatives shall appoint two commission members. (3) On and after July 1, 2003, the commission shall consist of five members with an interest in college athletics to be appointed as follows: (A) The Governor shall appoint two commission members; (B) The President of the Senate shall appoint one commission member; and (C) The Speaker of the House of Representatives shall appoint two commission members. (4) The terms of the members of the Georgia Athlete Agent Regulatory Commission serving on March 1, 2003, shall continue until June 30, 2003, at which time their terms shall end. Thereafter, successors to such board members shall be appointed in accordance with paragraph (3) of this subsection. (5) All members of the commission shall be citizens of the United States and residents of Georgia. The term of each commission member shall be for a period of three years and commission members may be eligible for reappointment, subject to the provisions of this chapter. If a vacancy occurs on the commission, the officer who originally appointed such member shall appoint a successor who shall take office immediately and serve the remainder of the unexpired term. The commission members and their successors shall have and exercise all the powers and authority vested by law in said commission.
(b) The effective date of the appointments pursuant to paragraph (4) of subsection (a) of this Code section shall be July 1, 2003. (c) No person who has served two successive complete terms on the commission shall be eligible for reappointment until after the lapse of one year. Appointment to fill an unexpired term is not to be considered as a complete term.

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(d) The Governor shall remove from the commission any member for cause as provided in Code Section 43-1-17. (e) The commission shall elect annually a chairperson and a vice chairperson. (f) A majority of the commission shall constitute a quorum for the transaction of business. (g) The commission may promulgate and from time to time amend rules and standards of conduct for athlete agents appropriate for the protection of the residents of the state. (h) Members of the commission shall be reimbursed as provided in subsection (f) of Code Section 43-1-2. (i) The division director shall be the secretary of the commission and provide all administrative services.
43-4A-4. 43-4A-3. By acting as an athlete agent in this state, a nonresident individual appoints the division director of the professional licensing board Secretary of State as the individual's agent for service of process in any civil action in this state related to the individual's acting as an athlete agent in this state.
43-4A-4.1. 43-4A-4. (a) Except as otherwise provided in subsection (b) of this Code section, an individual may shall not act as an athlete agent in this state without holding a certificate of registration under this chapter. (b) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes, except signing an agency contract, if:
(1) A student athlete or another person acting on behalf of the student athlete initiates communication with the individual; and (2) Within seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this state. (c) An agency contract resulting from conduct in violation of this Code section is void shall be void, and the athlete agent shall return any consideration received under the contract.
43-4A-5. An applicant for registration shall submit an application for registration to the commission Secretary of State in a form prescribed by the commission Secretary of State. An application filed under this Code section is a public record. The application must shall be in the name of an individual and state or contain the following and any other information required by the commission Secretary of State:
(1) The name of the applicant and the address of the applicant's residence and principal place of business; (2) The name of the applicant's business or employer, if applicable; (3) Any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application;

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(4) A description of the applicant's: (A) Formal training as an athlete agent; (B) Practical experience as an athlete agent; and (C) Educational background relating to the applicant's activities as an athlete agent;
(5) The names and addresses of three individuals not related to the applicant who are willing to serve as references; (6) The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application; (7) The names and addresses of all persons who are:
(A) With respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit sharers of the business; and (B) With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of 5 percent or greater; (8) Whether the applicant or any person named pursuant to paragraph (7) of this Code section has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime; (9) Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) of this Code section has made a false, misleading, deceptive, or fraudulent representation; (10) Any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) of this Code section resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student athlete or educational institution; (11) Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) of this Code section arising out of occupational or professional conduct; and (12) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or any person named pursuant to paragraph (7) of this Code section as an athlete agent in any state.
43-4A-6. Reserved.
43-4A-7. 43-4A-6. (a) Except as otherwise provided in subsection (b) of this Code section, the Secretary of State shall issue a certificate of registration to an individual who complies with Code Section 43-4A-5. (b) The commission Secretary of State may refuse to issue a certificate of registration if the commission determines it is determined that the applicant has engaged in conduct

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that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the commission Secretary of State may consider whether the applicant has:
(1) Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony; (2) Made a material false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent; (3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity; (4) Engaged in conduct prohibited by this chapter; (5) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state; (6) Engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution; or (7) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity. (b)(c) In making a determination under subsection (a)(b) of this Code section, the commission Secretary of State shall consider: (1) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; and (3) Any other relevant conduct of the applicant. (c)(d) The refusal to grant a registration shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of such chapter shall not be required. Notice of refusal to grant a registration shall be sent by registered mail or statutory overnight delivery or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the commission Secretary of State, and the applicant shall be allowed to appear before the commission Secretary of State if the applicant requests to do so in writing. (d)(e) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the commission Secretary of State. An application filed under this subsection is a public record. (e)(f) A certificate of registration or a renewal of a registration is shall be valid for a period of up to two years.
43-4A-8. 43-4A-7. (a) The commission Secretary of State may suspend, revoke, or refuse to renew a registration or may discipline a person registered by the commission Secretary of State for conduct that would have justified denial of registration under Code Section 43-4A-7 43-4A-6.

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(b) The commission Secretary of State may discipline, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing. (c) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the commission Secretary of State and the provisions of this chapter.
43-4A-9. 43-4A-8. An application for registration or renewal of registration must shall be accompanied by such fee as shall be prescribed by the commission Secretary of State and a renewal bond, if applicable. The fee shall be the same for all applicants regardless of previous or current registrations or licenses in other states or jurisdictions as an athlete agent.
43-4A-10. 43-4A-9. The commission Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending, upon receipt by the commission Secretary of State of a completed application for registration, surety bond, and fee and after approval by the chairperson of the commission Secretary of State. The division director Secretary of State may in his or her discretion issue a temporary registration to the applicant, which registration shall have the same force and effect as a permanent registration until the next regular meeting of the commission when for such period of time prescribed by the Secretary of State, after which the temporary registration shall become void. A temporary registration may be voided by the Secretary of State at any time.
43-4A-11. 43-4A-10. (a) An athlete agent shall retain the following records for a period of five years:
(1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract. (b) Records required by subsection (a) of this Code section to be retained are shall be open to inspection by the commission Secretary of State during normal business hours.
43-4A-12. 43-4A-11. An athlete agent who violates Code Section 43-4A-16 43-4A-14 shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than $5,000.00 nor more than $100,000.00, by imprisonment of one to five years, or both such fine and imprisonment.
43-4A-13. 43-4A-12. (a) An athlete agent shall deposit or have deposited with the commission Secretary of State, prior to the issuance of a registration or renewal of a registration, a surety bond in

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the penal sum of not less than $10,000.00, as established by the commission Secretary of State. Such surety bond shall be executed in the favor of the state with a surety company authorized to do business in this state and conditioned to pay damages in the amount of such bond to any athletic department aggrieved by any act of the principal named in such bond, which act is in violation of Code Section 43-4A-14 43-4A-13 or would be grounds for revocation of a license under this chapter. If more than one athletic department suffers damages by the actions of an athlete agent, each athletic department shall receive a pro rata share of the amount of the bond based on the entitlement of one share of such amount of the bond for each student athlete who loses his or her eligibility to participate in intercollegiate sports contests as a member of a sports team at an institution of higher education as a result of actions of the athlete agent. (b) If any registrant fails to maintain such bond so as to comply with the provisions of this Code section, the registration issued to the athlete agent shall be suspended until such time as a new bond is obtained. An athlete agent whose registration is suspended pursuant to this Code section shall not carry on any business as an athlete agent during the period of suspension.
43-4A-14. 43-4A-13. (a) An athlete agent shall not, with the intent to induce a student athlete to enter into an agency contract:
(1) Give any materially false or misleading information or make a materially false promise or representation; (2) Furnish anything of value to a student athlete before the student athlete enters into the agency contract; or (3) Furnish anything of value to an individual other than the student athlete or another registered athlete agent. (b) An athlete agent may shall not intentionally: (1) Initiate contact with a student athlete unless registered under this chapter; (2) Refuse or fail to retain or permit inspection of the records required to be retained by this chapter; (3) Fail to register when required by this chapter; (4) Provide materially false or misleading information in an application for registration or renewal of registration; (5) Predate or postdate an agency contract; or (6) Fail to notify a student athlete before the student athlete signs or otherwise authenticates an agency contract for a particular sport that such signing or authentication may make the student athlete ineligible to participate as a student athlete in that sport.
43-4A-16. 43-4A-14. (a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the

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athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (b) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract.
43-4A-16.1. 43-4A-15. (a) An agency contract must shall be in a record that is signed or otherwise authenticated by the parties. (b) An agency contract must shall state or contain:
(1) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (2) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract; (3) A description of any expenses that the student athlete agrees to reimburse; (4) A description of the services to be provided to the student athlete; (5) The duration of the contract; and (6) The date of execution. (c) An agency contract must shall contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface type in capital letters stating: 'WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT: (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT; (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.' (d) An agency contract that does not conform to this Code section is shall be voidable by the student athlete. If a student athlete voids an agency contract, the student athlete is not shall not be required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract. (e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student athlete at the time of execution.
43-4A-17. 43-4A-16.

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(a) A student athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed. (b) A student athlete may shall not waive the right to cancel an agency contract. (c) If a student athlete cancels an agency contract, the student athlete is not shall not be required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract.
43-4A-15. 43-4A-17. The commission Secretary of State may assess a civil penalty against an athlete agent not to exceed $25,000.00 for a violation of this chapter.
43-4A-20. 43-4A-18. (a) An educational institution has a right of action against an athlete agent or former student athlete for damages caused by a violation of this chapter. In an action under this Code section, the court may award to the prevailing party costs and reasonable attorney's fees. (b) Damages to an educational institution under subsection (a) of this Code section include losses and expenses incurred because, as a result of the conduct of an athlete agent or former student athlete, the educational institution was injured by a violation of this chapter or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization. (c) A right of action under this Code section does shall not accrue until the educational institution discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent or former student athlete. (d) Any liability of the athlete agent or the former student athlete under this Code section is shall be several and not joint. (e) This chapter does shall not restrict rights, remedies, or defenses of any person under law or equity.
43-4A-18. 43-4A-19. In applying and construing this chapter, consideration must shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
43-4A-19. 43-4A-20. The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act."

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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
Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon 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 164, nays 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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Representatives Jones of the 46th 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 Byrd of the 20th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
House of Representatives Atlanta, Georgia 30334
This version of SB 149 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."
It would have been a violation of my oath of office to have voted to pass this version of SB 149.
/s/ Bobby Franklin Representative, District 43
The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:
SB 244. By Senators Unterman of the 45th, Thomas of the 54th and Goggans of the 7th:
A BILL to be entitled an Act to amend Code Section 43-26-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Registered Professional Nurse Practice Act," so as to provide that the performance of health maintenance activities by a designated caregiver shall not be prohibited; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Cooper of the 41st moved that the House adhere to its position in insisting on its substitute to SB 244 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Cooper of the 41st, Wilkinson of the 52nd and Lunsford of the 110th.

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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 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd and others:
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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; 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 revise provisions relating to ethics and campaign finance; to change provisions relating to the powers and duties of the State Ethics Commission; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to change certain provisions regarding filing campaign disclosure reports and financial disclosure reports; to eliminate duplicate copy filing of certain disclosure reports with county election superintendents; to provide that electronic filing shall constitute an affirmation that a report is true, complete, and correct and that no written affirmation shall be required for electronic filings; to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to provide for certain reports with respect to members failing to file tax returns or in default on tax payments; 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 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended by revising paragraphs (7) and (8) of subsection (a) of Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, as follows:
"(7) To adopt in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," such rules and regulations as are necessary to carry out the purposes of specifically authorized in this chapter; and

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(8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the powers granted specifically authorized to it in this chapter."
SECTION 2. Said chapter is further is amended by revising subparagraph (a)(1)(A) and the introductory language of subsection (e) of Code Section 21-5-34, relating to disclosure reports, as follows:
"(a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office, except county and municipal offices, or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, state-wide proposed question, or state-wide referendum shall sign and file with the commission the required campaign contribution disclosure reports. A candidate for membership in the General Assembly or the chairperson or treasurer of such candidate's campaign committee shall file such candidate's reports with the commission and a copy of such report with the election superintendent of the county of such candidate's residence." "(e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting, but such persons shall not be required to file copies of campaign contribution disclosure reports with local election superintendents as is required of candidates for membership in the General Assembly. The following persons shall be exempt from the foregoing registration and reporting requirements:"
SECTION 3. Said chapter is further amended in Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, by revising subsection (e) as follows:
"(e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the filer shall only submit to the commission a notarized affidavit certifying that the electronic filing is correct by United States mail, with adequate postage affixed. The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct."

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SECTION 4. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates, by revising subsection (e) as follows:
"(e) Where the financial disclosure statements required by paragraph (1) of subsection (a) of this Code section are filed electronically, the public officer, as that term is defined in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, shall file a notarized affidavit certifying that the electronic filing is correct and no paper copy of the financial disclosure statement shall be required to be filed. The electronic filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct."
SECTION 5. Said chapter is further amended by revising Code Section 21-5-51, relating to verification of financial disclosure statements, and Code Section 21-5-52, relating to mail filing of financial disclosure statements, as follows:
"21-5-51. The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths, unless filed electronically in which case the electronic filing shall constitute an affirmation that the statement is true, complete, and correct.
21-5-52. (a) The mailing of the notarized financial disclosure affidavit by United States mail, with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie proof of filing when the disclosure statement is not filed electronically. (b) It shall be the duty of the commission or any other officer or body which receives for filing any document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due."
SECTION 6. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, is amended by adding a new Code section to read as follows:
"28-1-8. (a) The state revenue commissioner shall be required to report to the chairperson of the Senate Ethics Committee the name of any Senator who has not filed a Georgia personal income tax return required by law to be filed by the Senator or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution. The state revenue commissioner shall be required to report to the chairperson of the

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House Committee on Ethics the name of any Representative who has not filed a Georgia personal income tax return required by law to be filed by the Representative or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution. (b) The state revenue commissioner shall give written notice by registered or certified mail, return receipt requested, or statutory overnight delivery of any report under this Code section to the member of the General Assembly who is to be named at least 30 days prior to making such report. (c) Upon receipt of a report under this Code section, the chairperson of the committee to whom the report is made shall undertake an appropriate investigation of the matter and report the findings of the investigation to the presiding officer of his or her chamber. (d) Nothing in this Code section shall apply with respect to a tax return for which the taxpayer has timely applied for and received an unexpired extension of time to file. (e) The provisions of this Code section shall control over the provisions of Code Section 48-7-60 or any other law relating to confidential treatment of state income tax return information."
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by the Committee on Rules, was read and adopted:
A BILL
To revise provisions relating to ethics and campaign finance; to change provisions relating to the powers and duties of the State Ethics Commission; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to revise provisions relating to prohibitions against campaign contributions by regulated entities to their elected regulators; to revise provisions relating to contributions by officers and employees of regulated entities; to require disclosure report identification of contributions by officers and employees; to prohibit elected regulators from soliciting contributions from officers and employees; to change certain provisions regarding filing campaign disclosure reports and financial disclosure reports; to eliminate duplicate copy filing of certain disclosure reports with county election superintendents; to provide that electronic filing shall constitute an affirmation that a report is true, complete, and correct and that no written affirmation shall be required for electronic filings; to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to provide for certain reports with respect to members failing to file tax

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returns or in default on tax payments; 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 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended in Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, by revising paragraphs (7) and (8) of subsection (a) as follows:
"(7) To adopt in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," such rules and regulations as are necessary to carry out the purposes of specifically authorized in this chapter; and (8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the powers granted specifically authorized to it in this chapter."
SECTION 2. Said chapter is further amended in Code Section 21-5-30.1, relating to prohibited contributions by regulated entities to elected executive officers or candidates, by revising subsection (d) as follows:
"(d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by a regulated entity, including a person in whose name a license or lease is held, or who is an officer of a regulated entity from voluntarily making a campaign contribution from that person's personal funds to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity or to or on behalf of a campaign committee of any such candidate; provided, however, that:
(1) The elected executive officer or candidate receiving one or more campaign contributions described in this subsection shall in his or her disclosure report under Code Section 21-5-34 separately identify each contribution and the total of contributions which he or she knows or should have reason to know are described in this subsection; (2) It shall be unlawful and a violation of this Code section for any regulated entity or other person elected executive officer to require another by coercive action to make any such contribution."
SECTION 3. Said chapter is further amended in Code Section 21-5-34, relating to disclosure reports, by revising subparagraph (a)(1)(A) and the introductory language of subsection (e) as follows:

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"(a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office, except county and municipal offices, or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, state-wide proposed question, or state-wide referendum shall sign and file with the commission the required campaign contribution disclosure reports. A candidate for membership in the General Assembly or the chairperson or treasurer of such candidate's campaign committee shall file such candidate's reports with the commission and a copy of such report with the election superintendent of the county of such candidate's residence." "(e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting, but such persons shall not be required to file copies of campaign contribution disclosure reports with local election superintendents as is required of candidates for membership in the General Assembly. The following persons shall be exempt from the foregoing registration and reporting requirements:"
SECTION 4. Said chapter is further amended in Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, by revising subsection (e) as follows:
"(e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the filer shall only submit to the commission a notarized affidavit certifying that the electronic filing is correct by United States mail, with adequate postage affixed. The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct."
SECTION 5. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates, by revising subsection (e) as follows:
"(e) Where the financial disclosure statements required by paragraph (1) of subsection (a) of this Code section are filed electronically, the public officer, as that term is defined in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, shall file a notarized affidavit certifying that the electronic filing is correct and no paper copy of the financial disclosure statement shall be required to be filed. The electronic

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filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct."
SECTION 6. Said chapter is further amended by revising Code Section 21-5-51, relating to verification of financial disclosure statements, and Code Section 21-5-52, relating to mail filing of financial disclosure statements, as follows:
"21-5-51. The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths, unless filed electronically in which case the electronic filing shall constitute an affirmation that the statement is true, complete, and correct.
21-5-52. (a) The mailing of the notarized financial disclosure affidavit by United States mail, with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie proof of filing when the disclosure statement is not filed electronically. (b) It shall be the duty of the commission or any other officer or body which receives for filing any document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due."
SECTION 7. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, is amended by adding a new Code section to read as follows:
"28-1-8. (a) The state revenue commissioner shall be required to report to the chairperson of the Senate Ethics Committee the name of any Senator who has not filed a Georgia personal income tax return required by law to be filed by the Senator or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution. The state revenue commissioner shall be required to report to the chairperson of the House Committee on Ethics the name of any Representative who has not filed a Georgia personal income tax return required by law to be filed by the Representative or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution. (b) The state revenue commissioner shall give written notice by registered or certified mail, return receipt requested, or statutory overnight delivery of any report under this Code section to the member of the General Assembly who is to be named at least 30 days prior to making such report.

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(c) Upon receipt of a report under this Code section, the chairperson of the committee to whom the report is made shall undertake an appropriate investigation of the matter and report the findings of the investigation to the presiding officer of his or her chamber. (d) Nothing in this Code section shall apply with respect to a tax return for which the taxpayer has timely applied for and received an unexpired extension of time to file. (e) The provisions of this Code section shall control over the provisions of Code Section 48-7-60 or any other law relating to confidential treatment of state income tax return information."

SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick

E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker

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Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece
Reese Rice Y Roberts Y Rogers

Y Weldon 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.

Due to a mechanical malfunction, the vote of Representative Morris of the 155th was not recorded on the preceding roll call. He 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.

The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:

HB 63. 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 for additional requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

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To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive revision of redevelopment powers; to repeal in its entirety Chapter 44, the "Redevelopment Powers Law"; to reenact provisions regarding redevelopment; to provide for a short title; to provide for definitions; to provide for legislative purposes; to provide for redevelopment agencies; to provide for redevelopment powers and delegation thereof; to provide for redevelopment plan proposals and approved plans; to provide for creation and termination of the allocation districts; to provide for tax increment financing; to provide for redevelopment costs; to provide for tax allocation bonds and bond anticipation notes; to provide for millage rates; to provide for contractual agreements; to provide for use of funds; to provide for conflicts of interest, voidable contracts, and misconduct; to provide for comprehensive procedures, conditions, limitations, requirements, and applicability with regard to the foregoing; to place restrictions on the ability of local government authorities to issue revenue bonds and other revenue obligations that are payable from payments in lieu of property taxes; to provide for the applicability and nonapplicability of such restrictions; to provide for powers, duties, and responsibilities of each county board of tax assessors and local governments and local government authorities with respect to the foregoing; 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 repealing in its entirety Chapter 44, the "Redevelopment Powers Law."
SECTION 2. Said title is further amended by adding a new chapter to read as follows:
"CHAPTER 44
36-44-1. This chapter shall be known and may be cited as the 'Redevelopment Powers Law.'
36-44-2. It is found and declared that economically and socially depressed areas exist within counties and municipalities of this state and that these areas contribute to or cause unemployment, limit the tax resources of counties and municipalities, and create a greater demand for governmental services and, in general, have a deleterious effect upon the public health, safety, morals, and welfare. It is, therefore, in the public interest that such areas be redeveloped to the maximum extent practicable to improve economic and social conditions therein in order to abate or eliminate such deleterious effects. To encourage such redevelopment, it is essential that the counties and municipalities of this

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state have additional powers to form a more effective partnership with private enterprise to overcome economic limitations that have previously impeded or prohibited redevelopment of such areas. It is the purpose of this chapter, therefore, to grant such additional powers to the counties and municipalities of this state, and it is the intention of the General Assembly that this chapter be liberally construed to carry out such purpose.
36-44-3. As used in this chapter, the term:
(1) 'Ad valorem property taxes' means all ad valorem property taxes levied by each political subdivision and each county and independent board of education consenting to the inclusion of that board of education's property taxes as being applicable to a tax allocation district as provided by Code Section 36-44-9, except:
(A) Those ad valorem property taxes levied to repay bonded indebtedness; (B) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on personal property or on motor vehicles; and (C) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on the assessed value of property owned by public utilities and railroad companies, as determined pursuant to the provisions of Chapter 5 of Title 48. (2) 'Area of operation' means, in the case of a municipality or its redevelopment agency, the territory lying within the corporate limits of such municipality; in the case of a county or its redevelopment agency, the territory lying within the unincorporated area of the county; and, in the case of a consolidated government or its redevelopment agency, the area lying within the territorial boundaries of the consolidated government. 'Area of operation' may also mean the combined areas of operation of political subdivisions which participate in the creation of a common redevelopment agency to serve such participating political subdivisions as provided in subsection (d) of Code Section 36-44-4. (3) 'Local legislative body' means the official or body in which the legislative powers of a political subdivision are vested. (4) 'Political subdivision' means any county, municipality, or consolidated government of this state. (5) 'Redevelopment' means any activity, project, or service necessary or incidental to achieving the development or revitalization of a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan or the preservation or improvement of historical or natural assets within a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan. Without limiting the generality of the foregoing, redevelopment may include any one or more of the following: (A) The construction of any building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity;

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(B) The renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of any existing building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (C) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing; (D) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public works or other public facilities necessary or incidental to the provision of governmental services; (E) The identification, preservation, renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or restoration of buildings or sites which are of historical significance; (F) The preservation, protection, renovation, rehabilitation, restoration, alteration, improvement, maintenance, and creation of open spaces, green spaces, or recreational facilities; (G) The construction, installation, preservation, renovation, rehabilitation, reconstruction, restoration, alteration, improvement, and maintenance of public art and arts and cultural facilities; (H) The development, construction, reconstruction, repair, demolition, alteration, or expansion of structures, equipment, and facilities for mass transit; (I) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of telecommunication infrastructure; (J) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of facilities for the improvement of pedestrian access and safety; (K) Improving or increasing the value of property; and (L) The acquisition and retention or acquisition and disposition of property for redevelopment purposes or the use for redevelopment purposes of property already owned by a political subdivision or any agency or instrumentality thereof. (6) 'Redevelopment agency' means the local legislative body of a political subdivision or a public body corporate and politic created as the redevelopment agency of the political subdivision or an existing public body corporate and politic designated as the redevelopment agency of the political subdivision pursuant to Code Section 36-44-4. (7) 'Redevelopment area' means an urbanized area as determined by current data from the U. S. Bureau of the Census or an area presently served by sewer that qualifies as a 'blighted or distressed area,' a 'deteriorating area,' or an 'area with inadequate infrastructure,' as follows: (A) A 'blighted or distressed area' is an area that is experiencing one or more conditions of blight as evidenced by:
(i) The presence of structures, buildings, or improvements that by reason of dilapidation; deterioration; age; obsolescence; inadequate provision for ventilation, light, air, sanitation, or open space; overcrowding; conditions which endanger life

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or property by fire or other causes; or any combination of such factors, are conducive to ill heath, transmission of disease, infant mortality, high unemployment, juvenile delinquency, or crime and are detrimental to the public health, safety, morals, or welfare; (ii) The presence of a predominant number of substandard, vacant, deteriorated, or deteriorating structures; the predominance of a defective or inadequate street layout or transportation facilities; or faulty lot layout in relation to size, accessibility, or usefulness; (iii) Evidence of pervasive poverty, defined as being greater than 10 percent of the population in the area as determined by current data from the U.S. Bureau of the Census, and an unemployment rate that is 10 percent higher than the state average; (iv) Adverse effects of airport or transportation related noise or environmental contamination or degradation or other adverse environmental factors that the political subdivision has determined to be impairing the redevelopment of the area; or (v) The existence of conditions through any combination of the foregoing that substantially impair the sound growth of the community and retard the provision of housing accommodations or employment opportunities; (B) A 'deteriorating area' is an area that is experiencing physical or economic decline or stagnation as evidenced by two or more of the following: (i) The presence of a substantial number of structures or buildings that are 40 years old or older and have no historic significance; (ii) High commercial or residential vacancies compared to the political subdivision as a whole; (iii) The predominance of structures or buildings of relatively low value compared to the value of structures or buildings in the surrounding vicinity or significantly slower growth in the property tax digest than is occurring in the political subdivision as a whole; (iv) Declining or stagnant rents or sales prices compared to the political subdivision as a whole; (v) In areas where housing exists at present or is determined by the political subdivision to be appropriate after redevelopment, there exists a shortage of safe, decent housing that is not substandard and that is affordable for persons of low and moderate income; or (vi) Deteriorating or inadequate utility, transportation, or transit infrastructure; and (C) An 'area with inadequate infrastructure' means an area characterized by: (i) Deteriorating or inadequate parking, roadways, bridges, pedestrian access, or public transportation or transit facilities incapable of handling the volume of traffic into or through the area, either at present or following redevelopment; or (ii) Deteriorating or inadequate utility infrastructure either at present or following redevelopment.

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(8) 'Redevelopment costs' means any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred to achieve the redevelopment of a redevelopment area or any portion thereof designated by a redevelopment plan or any expenditures made to carry out or exercise any powers granted by this chapter. Without limiting the generality of the foregoing, redevelopment costs may include any one or more of the following:
(A) Capital costs, including the costs incurred or estimated to be incurred for the construction of public works or improvements, new buildings, structures, and fixtures, including facilities owned or operated by school districts and systems; the renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of existing buildings, structures, and fixtures, including facilities owned or operated by school districts and systems; the acquisition of equipment; and the clearing and grading of land; (B) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this chapter occurring during the estimated period of construction of any project with respect to which any capital costs within the meaning of subparagraph (A) of this paragraph are financed in whole or in part by such obligations and for a period not to exceed 42 months after completion of any such construction and including reasonable reserves related thereto and all principal and interest paid to holders of evidences of indebtedness issued to pay for other redevelopment costs and any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity; (C) Professional service costs, including those costs incurred for architectural, planning, engineering, financial, marketing, and legal advice and services; (D) Imputed administrative costs, including reasonable charges for the time spent by public employees in connection with the implementation of a redevelopment plan; (E) Relocation costs as authorized by a redevelopment plan for persons or businesses displaced by the implementation of a redevelopment plan, including but not limited to, those relocation payments made following condemnation under Chapter 4 of Title 22, 'The Georgia Relocation Assistance and Land Acquisition Policy Act'; (F) Organizational costs, including the costs of conducting environmental impact and other studies, and the costs of informing the public with respect to the creation and implementation of redevelopment plans; (G) Payments to a political subdivision or board of education in lieu of taxes to compensate for any loss of tax revenues or for any capital costs incurred because of redevelopment activity; provided, however, that any such payments to a political subdivision or board of education shall not exceed in any year the amount of the contribution to the tax allocation increment in that year by such political subdivision or board of education; and (H) Real property assembly costs.

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(9) 'Redevelopment plan' means a written plan of redevelopment for a redevelopment area or a designated portion thereof which:
(A) Specifies the boundaries of the proposed redevelopment area; (B) Explains the grounds for a finding by the local legislative body that the redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or that the redevelopment area includes one or more natural, historical, or cultural assets which have not been adequately preserved, protected, or improved and such asset or assets would not reasonably be anticipated to be adequately preserved, protected, or improved without the approval of the redevelopment plan; (C) Explains the proposed uses after redevelopment of real property within the redevelopment area; (D) Describes any redevelopment projects within the redevelopment area proposed to be authorized by the redevelopment plan, estimates the cost thereof, and explains the proposed method of financing such projects; (E) Describes any contracts, agreements, or other instruments creating an obligation for more than one year which are proposed to be entered into by the political subdivision or its redevelopment agency or both for the purpose of implementing the redevelopment plan; (F) Describes the type of relocation payments proposed to be authorized by the redevelopment plan; (G) Includes a statement that the proposed redevelopment plan conforms with the local comprehensive plan, master plan, zoning ordinance, and building codes of the political subdivision or explains any exceptions thereto; (H) Estimates redevelopment costs to be incurred or made during the course of implementing the redevelopment plan; (I) Recites the last known assessed valuation of the redevelopment area and the estimated assessed valuation after redevelopment; (J) Provides that property which is to be redeveloped under the plan and which is either designated as a historic property under Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act,' or is listed on or has been determined by any federal agency to be eligible for listing on the National Register of Historic Places will not be:
(i) Substantially altered in any way inconsistent with technical standards for rehabilitation; or (ii) Demolished unless feasibility for reuse has been evaluated based on technical standards for the review of historic preservation projects, which technical standards for rehabilitation and review shall be those used by the state historic preservation officer, although nothing in this subparagraph shall be construed to require approval of a redevelopment plan or any part thereof by the state historic preservation officer;

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(K) Specifies the proposed effective date for the creation of the tax allocation district and the proposed termination date; (L) Contains a map specifying the boundaries of the proposed tax allocation district and showing existing uses and conditions of real property in the proposed tax allocation district; (M) Specifies the estimated tax allocation increment base of the proposed tax allocation district; (N) Specifies ad valorem property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph (3) of Code Section 36-44-8; (O) Specifies the amount of the proposed tax allocation bond issue or issues and the term and assumed rate of interest applicable thereto; (P) Estimates positive tax allocation increments for the period covered by the term of the proposed tax allocation bonds; (Q) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, subject to the limitations of Code Sections 36-44-9 and 36-44-20; (R) If the plan proposes to include in the tax allocation increment ad valorem taxes levied by a board of education, the plan shall contain a school system impact analysis addressing the financial and operational impact on the school system of the proposed redevelopment, including but not limited to an estimate of the number of net new public school students that could be anticipated as redevelopment occurs; the location of school facilities within the proposed redevelopment area; an estimate of educational special purpose local option sales taxes projected to be generated by the proposed redevelopment, if any; and a projection of the average value of residential properties resulting from redevelopment compared to current property values in the redevelopment area; and (S) Includes such other information as may be required by resolution of the political subdivision whose area of operation includes the proposed redevelopment area. (10) 'Resolution' means a resolution or ordinance by which a local legislative body takes official legislative action, and any duly-adopted amendment thereto. (11) 'Special fund' means the fund provided for in subsection (c) of Code Section 3644-11. (12) 'Tax allocation bonds' means one or more series of bonds, notes, or other obligations issued by a political subdivision to finance, wholly or partly, redevelopment costs within a tax allocation district and which are issued on the basis of pledging for the payment or security for payment of such bonds positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political

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subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20. Tax allocation bonds shall not constitute debt within the meaning of Article IX, Section V of the Constitution. (13) 'Tax allocation district' means a contiguous geographic area within a redevelopment area which is defined and created by resolution of the local legislative body of a political subdivision pursuant to subparagraph (B) of paragraph (3) of Code Section 36-44-8 for the purpose of issuing tax allocation bonds to finance, wholly or partly, redevelopment costs within the area. (14) 'Tax allocation increment' means that amount obtained by multiplying the total ad valorem property taxes, determined as provided in Code Section 36-44-9, levied within a tax allocation district in any year by a fraction having a numerator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district minus the tax allocation increment base and a denominator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district. In any year, a tax allocation increment is 'positive' if the tax allocation increment base is less than that year's taxable value of all taxable property subject to ad valorem property taxes and 'negative' if such base exceeds such taxable value. (15) 'Tax allocation increment base' means the taxable value of all taxable property subject to ad valorem property taxes, as certified by the state revenue commissioner, located within a tax allocation district on the effective date such district is created pursuant to Code Section 36-44-8. (16) 'Taxable property' means all real and personal property subject to ad valorem taxation by a political subdivision, including property subject to local ad valorem taxation for educational purposes. (17) 'Taxable value' means the current assessed value of taxable property as shown on the tax digest of the county in which the property is located.
36-44-4. (a) As an alternative to the creation of a redevelopment agency provided for by subsections (b) through (f) of this Code section, the local legislative body of a political subdivision, by resolution, may designate itself as its respective redevelopment agency and may exercise, within its respective area of operation, the redevelopment powers provided by this chapter. (b) The local legislative body of a political subdivision may create a public body corporate and politic to serve as its redevelopment agency. Any such public corporation may be created by resolution adopted by the local legislative body of the political subdivision. Such resolution may provide for the membership of the board of directors of such public corporation and their terms of office, for the powers and duties of such public corporation, and for such other matters as may reasonably be necessary and convenient for the creation and activation of such public corporation as the redevelopment agency of the political subdivision.

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(c) In the event a political subdivision has activated a public corporation as its 'urban redevelopment agency' or designated a housing authority as its 'urban redevelopment agency' pursuant to Code Sections 36-61-17 and 36-61-18 of the 'Urban Redevelopment Law,' the local legislative body of such political subdivision may designate such public corporation as its redevelopment agency for the purposes of this chapter. Any action taken pursuant to the authority of this subsection shall be by resolution duly adopted by the local legislative body of the political subdivision. (d) Any county, municipality, and consolidated government, or any combination of such political subdivisions, by resolution of their respective local legislative bodies, may jointly create a public corporation, or designate an existing public corporation which already exercises 'redevelopment powers' under any other law, to serve as the common redevelopment agency on behalf of such political subdivisions. The membership of the board of directors and their terms of office of any such jointly created public corporation and the powers and duties of such public corporation shall be as mutually agreed upon by the local legislative bodies of the participating political subdivisions, as evidenced by a resolution duly adopted by each such local legislative body. In the event a public corporation is created or designated, as authorized in this Code section, to serve as the common redevelopment agency of two or more political subdivisions, then the area of operation of such redevelopment agency shall be the combined areas of operation of the political subdivisions jointly creating or designating such redevelopment agency. (e) A political subdivision may participate in the creation or designation of a public corporation to serve as a common redevelopment agency as provided by subsection (d) of this Code section as well as create or designate a public corporation to serve as the redevelopment agency of the political subdivision. In such event, the members of the board of directors of the public corporation created or designated as the redevelopment agency of the political subdivision may also serve, in accordance with the provisions of the resolution of the local legislative body of the political subdivision participating in the creation or designation of a public corporation to serve as a common redevelopment agency, as members of the board of directors of the jointly created public corporation. (f) For purposes of redevelopment in its downtown area, any municipality may designate a downtown development authority created pursuant to Chapter 42 of this title to serve as a redevelopment agency. Such designation shall not affect any other redevelopment agency that may exist as a part of the municipality. The area of operation of any downtown development agency designated as a redevelopment agency pursuant to this subsection shall not exceed the area of operation of the downtown development authority established pursuant to Chapter 42 of this title.
36-44-5. (a) Subject to the limitation of subsection (b) of this Code section, a political subdivision may exercise any powers necessary or convenient to carry out the purposes of this chapter, including, but not limited to, the power to:

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(1) Describe the boundaries of one or more redevelopment areas within its area of operation, but any redevelopment area so described shall conform to the definition of a redevelopment area provided by paragraph (7) of Code Section 36-44-3; (2) Cause redevelopment plans to be prepared, to approve by resolution the plans, and to implement the provisions and effectuate the purposes of the plans; (3) Create within redevelopment areas tax allocation districts and define the boundaries thereof or designate an entire redevelopment area as a tax allocation district; (4) Define the boundaries of portions of a redevelopment area or an entire redevelopment area for the implementation of redevelopment plans other than plans calling for the creation of tax allocation districts; (5) Issue tax allocation bonds; (6) Deposit moneys into and disburse moneys from the special fund of any tax allocation district; (7) Enter into and execute any contracts, leases, mortgages, or other agreements, including agreements with bondholders or lenders, determined by the local legislative body to be necessary or convenient to implement the provisions and effectuate the purposes of redevelopment plans. The contracts or agreements may include conditions, restrictions, or covenants which either run with the land or otherwise regulate the use of land; (8) Acquire and retain or acquire and dispose of property or interests therein for redevelopment purposes or use or dispose of property or interests therein presently owned by the political subdivision for redevelopment purposes; and any disposition of such property or interests therein may be by public or private sale or lease; and (9) Exercise, for the purposes of this chapter, any powers conferred upon political subdivisions by Chapter 61 of this title, the 'Urban Redevelopment Law.' (b) The powers granted to political subdivisions by subsection (a) of this Code section and by this chapter and any powers delegated to a redevelopment agency pursuant to Code Section 36-44-6 may be exercised only for the purpose of adopting and implementing redevelopment plans, but this limitation shall not be construed to interfere with the exercise of any power now or hereafter possessed by a political subdivision which is granted by any other law.
36-44-6. (a) Subject to the limitations of subsection (b) of this Code section, the local legislative body of a political subdivision, by resolution, may delegate any of its redevelopment powers to its redevelopment agency created or designated pursuant to Code Section 3644-4. The local legislative body shall have authority to delegate some or all such powers in such manner and pursuant to such terms and conditions as the local legislative body shall provide by resolution. Any such resolution shall specify any powers delegated to a redevelopment agency, and such resolution may be amended, modified, or repealed by the local legislative body adopting it.

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(b) Any delegation of redevelopment powers pursuant to the authority of subsection (a) of this Code section shall be limited by the following requirements:
(1) Any redevelopment plan must be approved by resolution of the local legislative body of the political subdivision as a condition precedent to the implementation of said redevelopment plan, and such approval shall be subject to the requirements of Code Section 36-44-7; (2) The boundaries of any redevelopment area must be described by resolution of the local legislative body of the political subdivision; (3) A tax allocation district must be created by resolution of the local legislative body of the political subdivision; (4) The issuance of any tax allocation bonds shall be by resolution of the local legislative body of the political subdivision; (5) The power of eminent domain may only be exercised under this chapter by the local legislative body of a political subdivision; and (6) A local legislative body may not delegate to a redevelopment agency created under subsection (b), (c), (d), or (e) of Code Section 36-44-4 any urban redevelopment project powers except those which may be conferred on an urban redevelopment agency under Code Section 36-61-17 of the 'Urban Redevelopment Law.'
36-44-7. (a) A redevelopment plan may be proposed by the redevelopment agency of a political subdivision, but such plan may not be implemented until it is approved by the adoption of a resolution of the local legislative body of the political subdivision as provided in this chapter. (b) When a proposed redevelopment plan is prepared, it shall be submitted by the redevelopment agency to the local legislative body. Within the 60 day period after the plan is submitted, the local legislative body shall hold at least one public hearing on the proposed redevelopment plan. The local legislative body shall cause the time, date, place, and purpose of each such public hearing to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of each public hearing. (c) Within 45 days after completing the public hearings required by subsection (b) of this Code section, the local legislative body of the political subdivision shall schedule and hold a meeting of the local legislative body for the purpose of considering the approval of the redevelopment plan. The local legislative body shall cause the date, time, place, and purpose of such meeting to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of such meeting. At such meeting the redevelopment plan shall be approved as submitted, amended and approved, or rejected and returned to the redevelopment agency for further consideration. Any redevelopment plan rejected by the local legislative body shall be

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returned to the redevelopment agency and shall be subject to the public hearing requirements of subsection (b) of this Code section if it is again submitted to the local legislative body for approval, either in the same or amended form. (d) Once approved by the local legislative body, a redevelopment plan may be amended only by the local legislative body of the political subdivision. The local legislative body shall cause the date, time, place, and purpose of any meeting of the local legislative body at which an amendment to a redevelopment plan is to be considered to be advertised in the same manner as prescribed by subsection (c) of this Code section for a meeting to consider the adoption of a redevelopment plan.
36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem property taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies ad valorem property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and

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(G) Contains findings that: (i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural, historical, or cultural assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved, protected, or improved without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district.
If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to inclusion of such ad valorem property taxes or general funds in calculation of the tax allocation increment.
36-44-9. (a) When a tax allocation district is created within the area of operation of a municipality by the local legislative body of such municipality, property taxes for computing tax allocation increments shall be based on all ad valorem property taxes levied by the municipality. If the municipality has an independent school system, ad valorem property taxes levied for educational purposes by the municipality shall be included in computing the tax allocation increments if the local legislative body of the municipality is empowered to make the determination of the municipal ad valorem tax millage rate for educational purposes. If the board of education of the independent school system is empowered to set the ad valorem tax millage rate for educational purposes and the local legislative body of the municipality does not have the authority to modify such rate set by the board of education, the tax allocation increment shall not be computed on the basis of municipal taxes for educational purposes unless the board of education of the independent school system consents, by resolution duly adopted by said board of education, to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments. (b) County ad valorem property taxes may be included in the computation of tax allocation increments of a municipal tax allocation district if the local legislative body of the county consents to such inclusion by resolution duly adopted by said local legislative body. For those municipalities which do not have an independent school system, ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments of a municipal tax allocation

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district if the county board of education or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (c) When a tax allocation district is created within the area of operation of a county by the local legislative body of the county, property taxes for computing tax allocation increments shall be based on all county ad valorem property taxes levied for county governmental purposes. Ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments for a county tax allocation district if the board of education of the county school district or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (d) When a tax allocation district is created within the area of operation of a consolidated government by the local legislative body of the consolidated government, property taxes for computing tax allocation increments shall be based on all consolidated government ad valorem property taxes levied for consolidated government purposes. Ad valorem property taxes levied for school district purposes within the boundaries of the consolidated government may be included in the computation of tax allocation increments for a consolidated government tax allocation district if the board of education of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational purposes within the school district, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (e) The resolution of any county, municipality, consolidated government or board of education consenting to the inclusion of ad valorem property taxes in the computation of tax increments shall not specify the inclusion of any ad valorem property taxes not specified in the resolution creating the tax allocation district. (f) A county may pledge all or part of county general funds derived from a municipal tax allocation district for payment or security of payment of tax allocation bonds issued by the municipality and for payment of other redevelopment costs of the tax allocation district if the local legislative body of the county consents to the use of such general funds by resolution duly adopted by said local legislative body. (g) Any consent by a local board of education to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments and any authorization to use such funds for such purposes that was approved before January 1, 2009, and not rescinded or repealed prior to the effective date of this Code section is ratified and confirmed pursuant to the authority granted by Article IX, Section II, Paragraph VII of the Constitution, as amended by a resolution ratified at the November, 2008 general election, Ga. L. 2008, p. 777, to authorize the use of county, municipal, and school tax funds, or any combination thereof, for redevelopment purposes and programs notwithstanding Article VIII, Section VI or any other provision of the Constitution and regardless of whether any county, municipality, or local board of

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education approved the use of such tax funds for such purposes and programs before or after January 1, 2009.
36-44-10. (a) No later than the effective date of the creation of the tax allocation district, the redevelopment agency shall apply, in writing, to the state revenue commissioner for a determination of the tax allocation increment base of the tax allocation district. Within a reasonable time, and not exceeding 60 days after the effective date of the creation of the tax allocation district, the state revenue commissioner shall certify such tax allocation increment base, as of the effective date of the creation of the tax allocation district, to the redevelopment agency, and such certification, unless amended pursuant to subsection (b) of this Code section, shall constitute the tax allocation increment base of the tax allocation district. (b) If the local legislative body of a political subdivision adopts an amendment to the resolution which created a tax allocation district and such amendment changes the boundaries of that tax allocation district so as to cause additional redevelopment costs for which tax allocation increments may be received by the political subdivision, the tax allocation increment base for the revised or amended district shall be redetermined pursuant to subsection (a) of this Code section as of the effective date of such amendment. The tax allocation increment base as redetermined under this subsection is effective for the purposes of this chapter only if it exceeds the original tax allocation increment base determined under subsection (a) of this Code section. (c) It is a rebuttable presumption that any property within a tax allocation district acquired or leased as lessee by the political subdivision, or any agency or instrumentality thereof, within one year immediately preceding the date of the creation of the district was so acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the political subdivision with proof that the property was so leased or acquired primarily for a purpose other than to reduce the tax allocation increment base. If the presumption is not rebutted, in determining the tax allocation increment base of the district, but for no other purpose, the taxable status of the property shall be determined as though such lease or acquisition had not occurred. (d) For each political subdivision whose area of operation includes a tax allocation district, the county board of tax assessors, joint city-county board of tax assessors, or board of tax assessors for a consolidated government, as the case may be, shall identify upon the tax digests of the political subdivision those parcels of property which are within each existing tax allocation district, specifying the name of each district. A similar notation shall appear on tax digests submitted to the state revenue commissioner pursuant to Code Section 48-5-302, relative to the submission of tax digests to the state revenue commissioner. (e) The county board of tax assessors, joint city-county board of tax assessors, or consolidated government board of tax assessors shall annually give notice to the county tax collector or tax commissioner and to the municipal official responsible for collecting municipal ad valorem property taxes as to both the current taxable value of

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property subject to ad valorem property taxes within each tax allocation district and the tax allocation increment base. The notice shall also explain that any taxes collected as a result of increases in the tax allocation increment base constitute tax allocation increments and shall be paid to the appropriate political subdivision as provided by subsection (b) of Code Section 36-44-11.
36-44-11. (a) Positive tax allocation increments of a tax allocation district shall be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders. General funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall also be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds have been paid or provided for, subject to any agreement with bondholders.
(b)(1) Each county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes shall, on the dates provided by law for the payment of taxes collected to the respective political subdivisions, pay over to the appropriate fiscal officer of each political subdivision having created a tax allocation district, out of taxes collected on behalf of such political subdivision, including but not limited to taxes collected for a political subdivision or board of education consenting, pursuant to Code Section 36-44-9, to inclusion of its ad valorem property taxes in the computation of tax allocation increments for that tax allocation district, that portion, if any, which represents positive tax allocation increments payable to such political subdivision. (2) In addition, each county shall, upon receipt, pay over to the appropriate fiscal officer of each municipality having created a tax allocation district that portion, if any, of its general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and for payment of other redevelopment costs of the tax allocation district pursuant to Code Section 36-44-9. (c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the district's redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within

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the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in proportion to the aggregate contribution of such taxes by such political subdivision less aggregate payments to such political subdivision pursuant to subparagraph (G) of paragraph (8) of Code Section 36-44-3 and in the same manner as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund.
36-44-12. The existence of a tax allocation district shall terminate when the local legislative body, by resolution, dissolves the district, but no such resolution may be adopted until all redevelopment costs have been paid.
36-44-13. Payment of redevelopment costs may be made by any of the following methods or any combination thereof:
(1) Payment by the political subdivision from the special fund of the tax allocation district;

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(2) Payment from the general funds of a political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; (3) Payment out of the proceeds of the sale of revenue bonds issued by the political subdivision pursuant to Chapter 61 of this title, the 'Urban Redevelopment Law,' and revenue bonds may be issued under such law for redevelopment purposes within the meaning of this chapter; (4) Payment out of the proceeds of the sale of tax allocation bonds issued by the political subdivision under this chapter; (5) Payment from the proceeds from any loans made to a political subdivision pursuant to the authority of Code Section 36-44-16; and (6) Lease payments and other payments pursuant to contracts under a redevelopment plan.
36-44-14. (a) Only for the purpose of paying redevelopment costs for a tax allocation district created under this chapter, the local legislative body may issue tax allocation bonds. Tax allocation bonds are declared to be negotiable instruments. Tax allocation bonds issued under the provisions of this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. (b) All tax allocation bonds, notes, and other obligations shall be authorized by resolution of the local legislative body, adopted by a majority vote of the members thereof at a regular or special meeting and without the necessity of a referendum or any electoral approval. The resolution shall state the name of the tax allocation district and the aggregate principal amount of the tax allocation bonds authorized. (c) Tax allocation bonds, notes, or other obligations issued by a local legislative body under this chapter shall be payable solely from the property pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations, which property shall be limited to real or personal property acquired pursuant to this chapter and the proceeds from any source from which redevelopment costs may be paid under Code Section 36-44-13, but subject to the limitations of Code Sections 36-44-9 and 36-44-20. Each such bond, note, or other obligation shall contain recitals as are necessary to show that it is only so payable and that it does not otherwise constitute an indebtedness or a charge against the general taxing power of the political subdivision or county or independent board of education consenting to the use of property taxes as a basis for computing tax allocation increments or consenting to the use of general funds derived from the tax allocation district. (d) To increase the security and marketability of tax allocation bonds, notes, or other obligations, a local legislative body may:
(1) Create a lien for the benefit of the bondholders upon any public improvements or public works financed thereby or the revenues therefrom; and

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(2) Make covenants and do any and all acts not inconsistent with the Constitution or this chapter as may be necessary or convenient or desirable in order additionally to secure tax allocation bonds, notes, or other obligations or tend to make them more marketable according to the best judgment of the local legislative body. (e) Tax allocation bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 30 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, 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 local legislative body authorizing the issuance of such tax allocation bonds, notes, or other obligations shall bind the members of the local legislative body then in office and their successors. (f) The local legislative body shall have power from time to time and whenever it deems it expedient to refund any tax allocation bonds by the issuance of new tax allocation bonds, whether or not the bonds to be refunded have matured, and may issue such bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold at such price as the local legislative body may determine and the proceeds applied to the purchase or redemption of the bonds to be refunded. (g) Tax allocation bonds may not be issued in an amount exceeding the estimated aggregated redevelopment costs for the tax allocation district. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state shall not apply to tax allocation bonds, notes, or other obligations of a local legislative body. (h) All tax allocation bonds issued by a local legislative body under this chapter shall be issued and validated under and in accordance with Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' except as provided in this chapter. (i) Tax allocation bonds issued by a local legislative body may be in such form 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. (j) Tax allocation bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the county in which the issuing local legislative body is located 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. (k) In lieu of specifying the rate or rates of interest which tax allocation bonds to be issued by a local legislative body are to bear, the notice to the district attorney or the

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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 rate may be fixed or may fluctuate or otherwise change from time to time, 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 so specified, which rate may be fixed or may fluctuate or otherwise change from time to time; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of a local legislative body to sell such tax allocation bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (l) The term 'redevelopment costs' shall have the meaning prescribed in this chapter whenever that term is referred to in tax allocation bond resolutions of a local legislative body, in tax allocation bonds, notes, or other obligations of a local legislative body, or in notices or proceedings to validate such bonds, notes, or other obligations of a local legislative body. (m) Subject to the limitations and procedures provided by this chapter, the agreements or instruments executed by a local legislative body may contain such provisions not inconsistent with law as shall be determined by the local legislative body. (n) The proceeds derived from the sale of all tax allocation bonds, notes, and other obligations issued by a local legislative body shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, redevelopment costs or for the purpose of refunding any tax allocation bonds, notes, or other obligations issued in accordance with this chapter. (o) Issuance by a local legislative body of one or more series of tax allocation bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other tax allocation bonds, notes, or other obligations in connection with the same redevelopment plan or with any other redevelopment plan; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the local legislative body to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Once the political subdivision certifies by resolution that all tax allocation bonds contemplated by the redevelopment plan and all amendments thereto have been issued and all other redevelopment costs within a tax allocation district have been paid, all positive tax allocation increments collected within a tax allocation district shall be used to retire outstanding tax allocation bonds prior to their stated maturities, subject to any agreements made by the political subdivision with bondholders. (p) A local legislative body shall have the power and is authorized, whenever tax allocation bonds of the local legislative body shall have been validated as provided in

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this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to be renewed have matured. The local legislative body may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the local legislative body may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing such notes of the local legislative body or any issue thereof may contain any provisions which the local legislative body is authorized to include in any resolution or resolutions authorizing bonds of the local legislative body to any issue thereof; and the local legislative body may include in any such notes any terms, covenants, or conditions which the local legislative body is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
36-44-15. For the purpose of fixing the tax millage rate to fund the annual budget of each political subdivision or county or independent board of education having the power to levy taxes or set ad valorem tax millage rates on property located within a tax allocation district, which has consented to the inclusion of its ad valorem property taxes for the computation of tax allocation increments as provided in Code Section 36-44-9, the taxable value of property subject to ad valorem property taxes within a tax allocation district shall not exceed the tax allocation increment base of the district until the district is terminated. Nothing in this chapter shall be construed to freeze the ad valorem tax millage rate of any political subdivision or county or independent board of education consenting to the inclusion of its ad valorem property taxes as a basis for computing tax allocation increments, and any such rate may be increased or decreased at any time after the creation of a tax allocation district in the same manner and under the same authority that such rate has been previously fixed by such political subdivision or county or independent board of education.
36-44-16. As an additional source for financing redevelopment costs, a political subdivision or its redevelopment agency may borrow funds from financial institutions and, in connection therewith, may pledge or assign lease contracts or revenue received from lease contracts on property owned by the political subdivision or its redevelopment agency within a redevelopment area. A political subdivision or its redevelopment agency is authorized to enter into contracts with financial institutions for the purpose of exercising the authority provided by this Code section, and such contracts may obligate the political subdivision or its redevelopment agency for any number of years not exceeding 25. Contractual obligations incurred by a political subdivision pursuant to

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this Code section shall not constitute debt within the meaning of Article IX, Section V of the Constitution.
36-44-17. No political subdivision may create a tax allocation district when the total current taxable value of property subject to ad valorem property taxes within the proposed district plus the total current taxable value of property subject to ad valorem property taxes within all its existing tax allocation districts exceeds 10 percent of the total current taxable value of all taxable property located within the area of operation of the political subdivision.
36-44-18. It is specifically provided that Code Section 36-61-16 of the 'Urban Redevelopment Law,' which Code section provides for cooperation among public bodies for redevelopment purposes under said law, shall be applicable to the exercise of redevelopment powers provided by this chapter.
36-44-19. A political subdivision may enter into any contract relating to the exercise of its redevelopment powers under this chapter with any private persons, firms, corporations, or business entities for any period not exceeding 30 years. Such contracts may include, without being limited to, contracts to convey or otherwise obligate real property for redevelopment under this chapter although that property has not yet been acquired at the time of contracting by the county or municipality.
36-44-20. (a) Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments in that district's special fund are insufficient at any time to pay principal and interest due on such bonds. (b) The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the district's special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan.
36-44-21. (a) No elected or appointed official or employee of a political subdivision or a board, commission, or redevelopment agency thereof shall voluntarily acquire any interest,

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direct or indirect, in any property included or planned to be included in a redevelopment area, or in any contract or transaction or proposed contract or transaction in connection with the redevelopment of that redevelopment area. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body. Any such elected or appointed official or employee who, within two years immediately prior to the date the plan is submitted to a local legislative body under subsection (b) of Code Section 36-44-7, acquires ownership or control of any interest, direct or indirect, in any property which is included in the redevelopment area designated in that plan and who retains that ownership or control at the time that such plan is so submitted shall, at least 30 days prior to the date scheduled for the local legislative body to adopt the plan, disclose the interest in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body, and that person shall not participate in any action by the political subdivision, board, commission, or redevelopment agency thereof which affects that property. Any disclosure required to be made by this subsection shall concurrently be made to the redevelopment agency. (b) Any contract or transaction in violation of subsection (a) of this Code section or disclosure of which is not made as provided in that subsection (a) shall be voidable by the local legislative body. This subsection shall not apply to any indenture, agreement, contract, or transaction which constitutes security, direct or indirect, for payment of bonds or other obligations incurred pursuant to a redevelopment plan, and the judgment and order confirming and validating any such bonds or other obligations shall constitute a final and conclusive adjudication as to any such security. (c) Failure by an official or employee to comply with subsection (a) of this Code section shall constitute misconduct in office.
36-44-22. Redevelopment powers under this chapter may not be exercised by any political subdivision unless so authorized by a local law relating thereto, which local law may limit but may not expand those redevelopment powers established by this chapter as to the local political subdivision to which the local law is applicable. Such local law, and all amendments thereto, shall become effective only if approved in a special election by a majority of the qualified voters voting of each political subdivision directly affected, which special election shall be held as provided in that local law, but in conformity with the requirements for special elections pursuant to Title 21.
36-44-23. The powers provided by this chapter are intended by the General Assembly to be cumulative and supplemental to any powers heretofore provided by law for counties, municipalities, and consolidated governments of this state and not in lieu of any such heretofore existing powers."

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SECTION 3. Said title is further amended in Chapter 80, relating to general provisions regarding counties, municipalities, and other governmental entities, by adding a new Code section to read as follows:
"36-80-16.1. (a) This Code section shall be known and may be cited as the 'PILOT Restriction Act.' (b) As used in this Code section, 'payments in lieu of taxes' means payments made directly or indirectly:
(1) Primarily in consideration of the issuance of revenue bonds or other revenue obligations and the application by the issuer of such bonds or other obligations of the proceeds of such bonds or other obligations to finance all or a portion of the costs of acquiring, constructing, equipping, or installing a capital project; and (2) In further consideration of the laws of the State of Georgia granting an exemption from ad valorem taxation for such capital project, to or for the account of the issuer of revenue bonds or other revenue obligations or the public bodies whose consent would otherwise be required, in the case of the separate payments provided for under subsection (d) of this Code section. Payments in lieu of taxes shall be deemed to be payments in lieu of taxes for educational purposes in the same proportion that property taxes for educational purposes would bear to total property taxes on such capital project if the project were subject to ad valorem property taxation. The term 'payments in lieu of taxes' shall not include payments made primarily in consideration for the use or occupancy of property, including but not limited to lease payments or rent paid under a lease, regardless of whether or not the lessee or tenant holds an interest that is taxable for property tax purposes. (c)(1) No local government authority, as defined in Code Section 36-80-16, shall be authorized to issue revenue bonds or other revenue obligations to finance, in whole or in part, any capital project if the terms governing such revenue bonds or other revenue obligations provide for such capital project to be used primarily by a nongovernmental user or users that have no taxable property interest in any portion of such capital project and provide for such revenue bonds or other revenue obligations to be repaid, in whole or in part, through payments in lieu of taxes made by a nongovernmental user or users, unless:
(A) Each of the local governments that have property tax levying authority in the area in which such capital project is located consents by ordinance or resolution to the use of payments in lieu of taxes for such purposes; and (B) In the case of payments in lieu of taxes for educational purposes, a consent is obtained that covers the use for such purposes of such payments in accordance with subsection (d) of this Code section, except that the terms governing such revenue bonds or other revenue obligations may provide for one or more of the public bodies, whose consent would otherwise be required, instead to receive, in such capacity, separate payments in lieu of taxes at least equal to the property taxes that such public body or bodies would have received if the capital project were subject to

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ad valorem taxation or in such other amount or amounts as may be agreed to by such public body or bodies. (2) No such revenue bonds or other revenue obligations may be so issued without compliance with the requirements of paragraph (1) of this subsection. (d)(1) When a capital project is located within the boundaries of a municipality with an independent school system, a consent by the municipality under subparagraph (c)(1)(B) of this Code section shall cover the use of payments in lieu of taxes for educational purposes, provided that, if the board of education of the independent school system is empowered to set the ad valorem tax millage rate for educational purposes and the legislative body of the municipality does not have the authority to modify such rate set by the board of education, the requisite consent shall be that of the board of education of the independent school system rather than that of the legislative body of the municipality. (2) For those municipalities which do not have an independent school system, a consent by the municipality under subparagraph (c)(1)(B) of this Code section shall cover the use of payments in lieu of taxes for educational purposes if the county board of education or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (3) The use of payments in lieu of taxes levied for county school district purposes shall be covered by a consent under subparagraph (c)(1)(B) of this Code section if the board of education of the county school district or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (4) The use of payments in lieu of taxes levied for school district purposes within the boundaries of a consolidated government shall be covered by a consent under subparagraph (c)(1)(B) of this Code section if the board of education of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational purposes within the school district, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate.
(e) This Code section shall not affect revenue bonds or other revenue obligations which any local government authority has issued, has conditionally or unconditionally agreed to issue, or which have been judicially validated on or before the effective date of this Code section. Each county board of tax assessors shall continue, notwithstanding this Code section, to exercise its powers and discharge its duties and is specifically authorized, without limitation, to use a method or methods of valuation for leases related to revenue bonds or other revenue obligations issued by a local government authority for a capital project or projects to be leased primarily to a nongovernmental user or users, based on assessments of the increasing interest of the nongovernmental

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user or users in the real or personal property, or both, over the term of the lease, or to use a simplified method or methods employing a specified percentage or specified percentages of such leasehold interests. Each local government authority that is authorized to issue revenue bonds or other revenue obligations secured by a taxable property interest, such as a taxable lease of a capital project, shall continue, notwithstanding this Code section, to exercise its powers and discharge its duties, including, in the case of development authorities, the development of trade, commerce, industry, and employment opportunities. Any local government or local government authority which directly or indirectly receives payments in lieu of taxes shall be authorized to use the same for any governmental or public purpose of such local government or local government authority."
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 Ehrhart of the 36th moved that the House disagree to the Senate substitute to HB 63.
The motion prevailed.
HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th:
A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; 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 provide for legislative findings; to amend Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Arbitration Code," so as to

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correct a cross-reference; to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to provide for oversight by the Secretary of State of private child support collection; to provide for definitions; to provide for contractual requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of such contracts; to provide for other remedies; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," so as to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to change provisions relating to records held by the department; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
SECTION 1. The General Assembly recognizes that private child support collectors, private attorneys, and the Department of Human Resources are colleagues in the important role of collecting support for the children of Georgia. The General Assembly also finds that it is vital that these individuals and entities cooperate with each other to ensure the best service to parents. It is the intent of the General Assembly to ensure that parents, as consumers, have options for the enforcement of child support obligations and the ability to make well-informed decisions regarding such options.
SECTION 2. Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Arbitration Code," is amended by revising paragraph (7) of subsection (c) as follows:
"(7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the 'Fair Business Practices Act of 1975';"
SECTION 3. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," is amended by revising subsection (a) of Code Section 10-1-392, relating to definitions, as follows:
"(a) As used in this part, the term: (1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her delegate. (1.1)(2) 'Campground membership' means any arrangement under which a purchaser has the right to use, occupy, or enjoy a campground membership facility. (1.2)(3) 'Campground membership facility' means any campground facility at which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations

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at future times to use the facility or who have purchased the right periodically to use the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (1.3)(4) 'Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A 'career consulting firm' shall not guarantee actual job placement as one of its services. A 'career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34. (5) 'Child support enforcement' means the action, conduct, or practice of enforcing a child support order issued by a court or other tribunal. (2)(6) 'Consumer' means a natural person. (2.1)(7) 'Consumer acts or practices' means acts or practices intended to encourage consumer transactions. (2.2)(8) 'Consumer report' means any written or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity which is used or intended to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for:
(A) Credit or insurance to be used primarily for personal, family, or household purposes; or (B) Employment consideration. (2.3)(9) 'Consumer reporting agency' or 'agency' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (3)(10) 'Consumer transactions' means the sale, purchase, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes. (11) 'Department' means the Department of Human Resources. (4)(12) 'Documentary material' means the original or a copy, whether printed, filmed, or otherwise preserved or reproduced, by whatever process, including electronic data storage and retrieval systems, of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate. (5)(13) 'Examination' of documentary material means inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in with respect of to any such documentary material.

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(5.1)(14) 'File' means, when used in connection with information on any consumer, all of the information on that consumer recorded or retained by a consumer reporting agency regardless of how the information is stored. (5.2)(15) 'Going-out-of-business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a sale because the person is going out of business, liquidating, selling his or her entire stock or 50 percent or more of his or her stock, selling out to the bare walls, selling because the person has lost his or her lease, selling out his or her interest in the business, or selling because everything in the business must be sold or that the sale is a trustee's sale, bankrupt sale, save us from bankruptcy sale, insolvent sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale. (6)(16) 'Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a 'reducing salon,' 'health spa,' 'spa,' 'exercise gym,' 'health studio,' 'health club,' or by other terms of similar import. A health spa shall not include any of the following:
(A) Any nonprofit organization; (B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or (C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility. (6.1)(17) 'Marine membership' means any arrangement under which a purchaser has a right to use, occupy, or enjoy a marine membership facility. (6.2)(18) 'Marine membership facility' means any boat, houseboat, yacht, ship, or other floating facility upon which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased a right to use periodically, occupy, or enjoy the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (19) 'Obligee' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as the payee to whom an obligor owes child support.

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(20) 'Obligor' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as required to make child support payments. (6.3)(21) 'Office' means any place where business is transacted, where any service is supplied by any person, or where any farm is operated. (6.4)(22) 'Office supplier' means any person who sells, rents, leases, or ships, or offers to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm. (6.5)(23) 'Office supply transactions' means the sale, lease, rental, or shipment of, or offer to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm but shall not include transactions in which the goods, services, or property is purchased, leased, or rented by the office or farm for purposes of reselling them to other persons. (7)(24) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (25) 'Private child support collector' means an individual or nongovernmental entity that solicits and contracts directly with obligees to provide child support collection services for a fee or other compensation but shall not include attorneys licensed to practice law in this state unless such attorney is employed by a private child support collector. (7.1)(26) 'Prize' means a gift, award, or other item intended to be distributed or actually distributed in a promotion. (8)(27) 'Promotion' means any scheme or procedure for the promotion of consumer transactions whereby one or more prizes are distributed among persons who are required to be present at the place of business or are required to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to receive the prize or to determine which, if any, prize they will receive. Promotions shall not include any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote if such condition is clearly and conspicuously disclosed in the promotional advertising and literature and the receipt of the prize does not involve an element of chance. Any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote or upon the payment of money and where the receipt of that prize involves an element of chance shall be deemed to be a lottery under Code Section 16-12-20; provided, however, that nothing in this definition shall be construed to include a lottery operated by the State of Georgia or the Georgia Lottery Corporation as authorized by law; provided, further, that any deposit made in connection with an activity described by subparagraph (b)(22)(B) of Code Section 101-393 shall not constitute the payment of money. (9)(28) 'Trade' and 'commerce' mean the advertising, distribution, sale, lease, or offering for distribution, sale, or lease of any goods, services, or any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or

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thing of value wherever situate and shall include any trade or commerce directly or indirectly affecting the people of the this state."
SECTION 4. Said part is further amended by adding a new Code section to read as follows:
"10-1-393.9. (a)(1) Private child support collectors shall register with the Secretary of State and shall provide information as requested by the Secretary of State, including, but not limited to, the name of the private child support collector, the office address and telephone number for such entity, and the registered agent in this state on whom service of process is to be made in a proceeding against such private child support collector. (2) An application for registration shall be accompanied by a surety bond approved by the Secretary of State, and the surety bond shall be: (A) Issued by a surety authorized to do business in this state; (B) In the amount of $50,000.00; (C) In favor of the state for the benefit of a person damaged by a violation of this Code section; and (D) Conditioned on the private child support collector's compliance with this Code section and the faithful performance of the obligations under the private child support collector's agreements with its clients. (3) A surety bond shall be filed with and held by the Secretary of State. (4) Instead of a surety bond, the Secretary of State may accept a deposit of money in an amount determined by the Secretary of State not to exceed $50,000.00. The Secretary of State shall deposit any amounts received under this paragraph in an insured depository account designated for that purpose.
(b) Any contract for the collection of child support between a private child support collector and an obligee shall be in writing, in at least ten-point type, and signed by a private child support collector and the obligee. The contract shall include:
(1) An explanation of the nature of the services to be provided; (2) An explanation of the amount to be collected from the obligor by a private child support collector and a statement of a sum certain of the total amount that is to be collected by the private child support collector that has been engaged by the obligee; (3) An explanation in dollar figures of the maximum amount of fees which could be collected under the contract and an example of how fees are calculated and deducted; (4) A statement that fees shall be charged for collecting past due child support and for collecting current child support if the collection of current child support for a fee is one of the terms of the contract; (5) A statement that a private child support collector shall not retain fees from collections that are primarily attributable to the actions of the department and that a private child support collector shall be required by law to refund any fees improperly retained;

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(6) An explanation of the opportunities available to the obligee or private child support collector to cancel the contract or other conditions under which the contract terminates; (7) The mailing address, telephone numbers, facsimile numbers, and e-mail address of a private child support collector; (8) A statement that a private child support collector shall only collect money owed to the obligee and not child support assigned to the State of Georgia; (9) A statement that a private child support collector is not a governmental entity and that the department provides child support enforcement services at little or no cost to the obligee; and (10) A statement that the obligee may continue to use or pursue services through the department to collect child support. (c) A private child support collector shall not: (1) Improperly retain fees from collections that are primarily attributable to the actions of the department. If the department or an obligee notifies a private child support collector of such improper fee retention, such private child support collector shall refund such fees to the obligee within seven business days of the notification of the improper retention of fees and shall not be liable for such improper fee retention. A private child support collector may require documentation that the collection was primarily attributable to the actions of the department prior to issuing any refund; (2) Charge fees in excess of one-third of the total amount of child support payments collected; (3) Solicit obligees using marketing materials, advertisements, or representations reasonably calculated to create a false impression or mislead an obligee into believing a private child support collector is affiliated with the department or any other governmental entity; (4) Use or threaten to use violence or other criminal means to cause harm to an obligor or the property of the obligor; (5) Falsely accuse or threaten to falsely accuse an obligor of a violation of state or federal laws; (6) Take or threaten to take an enforcement action against an obligor that is not authorized by law; (7) Represent to an obligor that a private child support collector is affiliated with the department or any other governmental entity authorized to enforce child support obligations or fail to include in any written correspondence to an obligor the statement that 'This communication is from a private child support collector. The purpose of this communication is to collect a child support debt. Any information obtained will be used for that purpose.'; (8) Communicate to an obligor's employer, or his or her agent, any information relating to an obligor's indebtedness other than through proper legal action, process, or proceeding; (9) Communicate with an obligor whenever it appears the obligor is represented by an attorney and the attorney's name and address are known, or could be easily

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ascertained, unless the attorney fails to answer correspondences, return telephone calls, or discuss the obligation in question, or unless the attorney and the obligor consent to direct communication; (10) Contract with an obligee who is owed less than three months of child support arrearages; or (11) Contract with an obligee for a sum certain to be collected which is greater than the total sum of arrearages and the statutory interest owed as of the date of execution of the contract. (d) In addition to any other cancellation or termination provisions provided in the contract between a private child support collector and an obligee, the contract shall be cancelled or terminated if: (1) The obligee requests cancellation in writing within 30 days of signing the contract; (2) The obligee requests cancellation in writing after any 12 consecutive months in which a private child support collector fails to make a collection; (3) A private child support collector breaches any term of the contract or violates any provision contained within this Code section; or (4) The amount to be collected pursuant to the contract has been collected. (e) When it reasonably appears to the administrator that a private child support collector has contracted with obligees after the effective date of this Act using a contract that is not in compliance with this Code section, the administrator may demand pursuant to Code Section 10-1-403 that the private child support collector produce a true and accurate copy of each such contract. If the private child support collector fails to comply or the contracts are determined by the administrator to not be compliant with the provisions of this Code section, the administrator may utilize any of the powers vested in this part to ensure compliance. (f) Upon the request of an obligee, the Child Support Enforcement Agency of the department shall forward child support payments made payable to the obligee to any private child support collector that is in compliance with the provisions of this Code section. (g) The remedies provided in this Code section shall be cumulative and shall be in addition to any other procedures, rights, or remedies available under any other law. (h) Any waiver of the rights, requirements, and remedies provided by this Code section violates public policy and shall be void. (i) In addition to any civil penalties under this part, any person who intentionally violates this Code section shall be subject to a criminal penalty under subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating this Code section."

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SECTION 5. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," is amended by revising subsection (f) of Code Section 19-11-18, relating to collection procedures, as follows:
"(f) Notwithstanding any other provision of this title to the contrary, any child support being held by the Child Support Enforcement Agency of the Department of Human Resources department shall be paid to the custodial parent, legal guardian, or caretaker relative having custody of or responsibility for a child within 30 two days from receipt of same by the enforcement agency."
SECTION 6. Said article is further amended by revising subsection (a) of Code Section 19-11-30, relating to confidentiality of information and records, as follows:
"(a)(1) Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor. (2) The department shall provide to an attorney representing an obligee or to a private child support collector, as defined in Code Section 10-1-392, hired by an obligee and acting pursuant to a power of attorney signed by such obligee, any documents which such obligee would be entitled to request and receive from the Child Support Enforcement Agency of the department."
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 contracts for private collection of child support payment entered into on or after such effective date.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Representative Butler of the 18th moved that the House disagree to the Senate substitute to HB 189.
The motion prevailed.
HB 68. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure

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for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Sims of the 169th moved that the House insist on its position in disagreeing to the Senate substitute to HB 68 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, Dickson of the 6th and Williams of the 4th.

HB 457.

By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; 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 457 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 Peake of the 137th, Carter of the 159th and Ehrhart of the 36th.

HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd:

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments

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whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; 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 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to provide for notices to affected property owners and local governments whenever the Federal Emergency Management Agency provides formal notice under the federal Map Modernization or Risk Map programs as administered through the National Flood Insurance Program regarding any new or revised flood elevations that are proposed for any property located in the regulatory floodway or elsewhere in this state; to provide for the manner and contents of such notices; 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 provide for metering and separate charging of water to tenants; 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 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, is amended by adding a new Code section to read as follows:
"12-5-9. (a)(1) Whenever the Federal Emergency Management Agency provides formal notice under the federal Map Modernization or Risk Map programs as administered through the National Flood Insurance Program regarding any new or revised flood elevations as designated on preliminary flood maps for any property located in the regulatory floodway or elsewhere in this state, the department shall provide notice to the county tax assessor and to the county or municipal government affected by the revised flood map. Such notice shall be given in writing to the county tax assessor and to the governing authority of such county or municipality by certified mail. Such notices shall be sent promptly and in sufficient time to allow the county or municipality to appeal such determinations in accordance with the provisions of law. (2) Within 60 days of such notification, the county tax assessor shall provide the department with the names and addresses of all owners of properties affected by new or revised flood elevations as indicated on the revised preliminary flood map.

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(3) Within 21 days of receipt of names and addresses of owners of properties affected by new or revised flood elevations as designated on the revised preliminary flood map, the department shall provide notice to each such property owner that his or her property will be affected by such new or revised flood elevations and the potential implications of such changes. Such notice shall be given in writing by mail addressed to the owner of record as shown on the property and tax records of the county in which such property is located. Such notices shall be sent by certified mail to owners of properties designated as being in the regulatory floodway and by regular mail to all other owners of affected properties and shall be sent promptly and in sufficient time to allow the property owners to appeal such determinations in accordance with the provisions of law. At a minimum, such notices shall contain a description of the proposed new or revised flood elevations and a description of the appeal process from such determinations. (b) Failure to receive a notice required by subsection (a) of this Code section shall not create a basis for any appeal of any new or revised flood elevation independent of the appeal process established by the Federal Emergency Management Agency."
SECTION 1A. Part 5 of Article 3 of Chapter 5 of Title 12 of the O.C.G.A., relating to public water systems, is amended in Code Section 12-5-180.1, relating to allocating water and wastewater usage among tenants, by adding a new subsection to read as follows:
"(c) Subsection (a) of this Code section notwithstanding, the owner or operator of a newly constructed building or structure, not including a renovated building, permitted after January 1, 2010, containing residential units shall install equipment to measure the quantity of water provided to each tenant; and the owner or operator of such a building shall charge tenants separately for water service based on actual use per unit, prorated for common use areas. The total charges to the tenants of such a building shall not exceed the total charges paid by the owner or operator for water service for such building plus a reasonable fee for establishing, servicing, and billing for water service; the terms of the charges shall be disclosed to tenants prior to any contractual agreement. This subsection shall not apply to any construction of a building containing residential units the contract for which was entered into prior to January 1, 2010."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Carter of the 159th moved that the House disagree to the Senate substitute to HB 169.
The motion prevailed.
HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others:

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A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Jacobs of the 80th moved that the House insist on its position in disagreeing to the Senate substitute to HB 29 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 Jacobs of the 80th, Ramsey of the 72nd and Lane of the 167th.
HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible single-family residence; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Stephens of the 164th moved that the House insist on its position in disagreeing to the Senate amendments to HB 261 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, O`Neal of the 146th and Peake of the 137th.

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HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; 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 imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to change certain provisions regarding expenses from transactions with certain related persons or members; 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 income taxes, is amended by revising Code Section 48-7-40, relating to tax credits for business enterprises in less developed areas, to read as follows:
"48-7-40. (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; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries.

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(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, and services for the elderly and persons with disabilities. Such term shall not include retail businesses. (3) 'Competitive project' means expansion or location of some or all of a business enterprise's operations in this state having significant regional impact where the commissioner of economic development certifies that but for some or all of the tax incentives provided in this Code section, the business enterprise would have located or expanded outside this state. (3)(4) '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. (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. (c.1) 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

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shall operate to displace or remove any other county previously designated as a tier 1 county. (d) 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.
(e)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a 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 the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; 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 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 paragraph. 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 paragraph shall not constitute income to the taxpayer. 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 this article 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 this article 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 this article 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 first taxable year in which the new fulltime employee job is created and for the four immediately succeeding taxable years. Where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 2 county and where the amount of the credit provided in this paragraph exceeds such business enterprise's liability for taxes imposed under this article in a taxable year, or where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 3 or tier 4 county and where the amount of the credit provided in this paragraph exceeds 50 percent of such business enterprise's liability for taxes imposed under this article in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly

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payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 for each new full-time employee job 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 paragraph. 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 paragraph shall not constitute income to the taxpayer. The number of new fulltime 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 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. In any year in which the net employment increase falls below the number required in such tier, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below the number required in such tier, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. 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. (2) Existing business enterprises shall be allowed an additional tax credit for taxes imposed under this article equal to $500.00 per eligible new full-time employee job

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for one year after the creation of such job the first year in which the new full-time employee job is created. The additional credit shall be claimed in year two after the creation of such job the first taxable year in which the new full-time employee job is created. 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 generated and utilized 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. (f) Tax credits for five four years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (c.1) 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 five, or whatever portion of years two through six five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) 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

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increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification.
(h)(1) Except as provided in paragraph (2) of this subsection, any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in paragraph (1) of subsection (e) of this Code section, but in tiers 3 and 4 the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability attributable to income derived from operations in this state for such taxable year. (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (e) of this Code section must be applied against taxes imposed for the taxable year in which such credit is available and may not be carried forward to any subsequent taxable year. (i) Notwithstanding any provision of this Code section to the contrary, in counties recognized and designated as the first through fortieth least developed counties in the tier 1 designation, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises or existing business enterprises, to any business of any nature. (j) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original tax return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (j)(k) The commissioner 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. (l) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim."
SECTION 2. Said article is further amended by revising Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, to read as follows:
"48-7-40.1. (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,

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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; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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, and services for the elderly and persons with disabilities. Such term shall not include retail businesses. (b) 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 the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following equally weighted factors: (1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs also shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) Any area comprised of ten or more contiguous census tracts 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 area; (2) Any area comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress; or (4) Any area which is within or adjacent to one or more contiguous census block groups with a poverty rate of 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.

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No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this subsection, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business. (d) 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 area is removed from the list of less developed areas. (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 the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; 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 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

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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. In any year in which the net employment increase falls below five or two, as applicable, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below five or two, as applicable, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however that Code Section 48-2-40 shall not apply to any such forfeiture. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five or two. (f) Tax credits for five four years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) 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 five, or whatever portion of years two through six five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) 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. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in subsection (e) of this Code section, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (i) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original tax return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (j) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to

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such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim."
SECTION 3. Said article is further amended by revising Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, to read as follows:
"48-7-40.5. (a) As used in this Code section, the term:
(1) 'Approved retraining' means employer provided or employer sponsored retraining that meets the following conditions:
(A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology; provided, however, that approved retraining shall not include any retraining on commercially, mass produced software related to word processing, data base management, presentations, spreadsheets, e-mail, personal information management, or computer operating systems except a retraining tax credit shall be allowable for those providing support or training on such software; (B) It is approved and certified by the Technical College System of Georgia; and (C) The employer does not require the employee to make any payment for the retraining, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time. (2) 'Cost of retraining' means direct instructional costs as defined by the Technical College System of Georgia including instructor salaries, materials, supplies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) 'Employee' means any employee resident in this state who is employed for at least 25 hours a week, and who has been continuously employed by the employer for at least 16 consecutive weeks. (4) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (5) 'Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Technical College System of Georgia by instructors hired by or employed by an employer. (6) 'Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved retraining that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors an one or more approved retraining program programs in a taxable year. The total amount of the tax credit allowed per full-time employee amount of the tax credit shall be equal to onehalf of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each employee who has successfully completed an approved retraining program; provided, however, that in no event shall the amount of

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the tax credit authorized under this subsection exceed $1,250.00 per year per full-time employee who has successfully completed more than one approved retraining program. No employer may shall receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining. (c) Any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for ten years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (d) To be eligible to claim the credit granted under this Code section, the employer must shall certify to the department the name of the employee, the course work successfully completed by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Technical College System of Georgia to ensure the proper granting of credits pursuant to this Code section. (e) The Technical College System of Georgia is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored retraining programs. In establishing such standards, the Technical College System of Georgia shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to determine successful completion of a course of study."
SECTION 4. Said article is further amended by revising Code Section 48-7-40.12, relating to income tax credits for business enterprises having qualified research expenses, to read as follows:
"48-7-40.12. (a) As used in this Code section, the term:
(1) 'Base amount' means the product of a business enterprise's Georgia taxable net income gross receipts in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income gross receipts for the preceding three taxable years or 0.300, whichever is less; provided, however, that a business enterprise need not have had a positive taxable net income for the preceding three taxable years in order to claim the credit provided in this Code

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section. For purposes of this paragraph, 'Georgia gross receipts' shall be the numerator of the gross receipts factor provided in subsection (d) of Code Section 487-31. (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; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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, or services or the elderly and persons with disabilities. Such term shall not include retail businesses. (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. (b) A tax credit is allowed a business enterprise which has qualified research expenses in Georgia in a taxable year exceeding a base amount, provided that the business enterprise for the same taxable year claims and is allowed a research credit under Section 41 of the Internal Revenue Code of 1986, as amended. (c) The tax credit provided in subsection (b) of this Code section shall be 10 percent of the excess over the base amount referred to in said subsection. (d) Any unused credit claimed under this Code section may be carried forward ten years from the close of the taxable year in which the qualified research expenses were made. The credit taken in any one taxable year shall not exceed 50 percent of the business enterprise's remaining Georgia net income tax liability after all other credits have been applied. (e) In the first five years of a newly formed business enterprise's operations in this state, where the amount of a credit claimed under this Code section exceeds 50 percent of a 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 48-7103. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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."

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SECTION 5. Said article is further amended in Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic, by revising paragraphs (1) and (5) of subsection (a) as follows:
"(1) 'Base year port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's), 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 (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product actually imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility during the second preceding 12 month period; provided, however, that in the event the total amount actually 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 (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's)."
"(5) 'Port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product transported by way of a waterborne ship or vehicle through a port facility. (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility."
SECTION 6. Said article is further amended by revising Code Section 48-7-40.17, relating to income tax credits for establishing or relocating headquarters into this state, to read as follows:
"48-7-40.17. (a) As used in this Code section, the term:
(1) 'Average wage' means the average wage of the county in which a full-time new quality job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Full-time New quality job' means employment for an individual which:
(A) Is located at a headquarters in this state; (B) Has a regular work week of 30 hours or more; (C) Is not a job that is or was already located in Georgia regardless of which taxpayer the individual performed services for;

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(C)(D) Pays at or above 110 percent of the average wage of the county in which it is located; and:
(i) In tier 1 counties, the average wage of the county in which it is located; (ii) In tier 2 counties, 105 percent of the average wage of the county in which it is located; (iii) In tier 3 counties, 110 percent of the average wage of the county in which it is located; and (iv) In tier 4 counties, 115 percent of the average wage of the county in which it is located; and (D)(E) Has no predetermined end date. (3) 'Headquarters' means the principal central administrative office of a taxpayer or a subsidiary of the taxpayer. (4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. (b) A taxpayer establishing its headquarters in this state or relocating its headquarters into this state which: (1) Within one year of the first date on which it withholds wages for employees at such headquarters or the headquarters of a subsidiary, defined as the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code of 1986, as amended, pursuant to the provisions of Code Section 48-7-101, employs at least 50 persons in new full-time jobs at such headquarters; (2) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 incurs within the state a minimum of $1 million in construction, renovation, leasing, or other costs related to such establishment or relocation; and (3) Elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-740.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs or such investment shall be allowed a credit for taxes imposed under this article equal to $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located per eligible new full-time job; (b) A taxpayer establishing new quality jobs in this state or relocating quality jobs into this state which elects not to receive the tax credits provided for by Code Sections 48-740, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs and investments created by, arising from, related to, or connected in any way with the same project and, within one year of the first date on which the taxpayer pursuant to the provisions of Code Section 48-7-101 withholds wages for employees in this state and employs at least 50 persons in new quality jobs in this state, shall be allowed a credit for taxes imposed under this article: (1) Equal to $2,500.00 annually per eligible new quality job where the job pays 110 percent or more but less than 120 percent of the average wage of the county in which the new quality job is located;

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(2) Equal to $3,000.00 annually per eligible new quality job where the job pays 120 percent or more but less than 150 percent of the average wage of the county in which the new quality job is located; (3) Equal to $4,000.00 annually per eligible new quality job where the job pays 150 percent or more but less than 175 percent of the average wage of the county in which the new quality job is located; (4) Equal to $4,500.00 annually per eligible new quality job where the job pays 175 percent or more but less than 200 percent of the average wage of the county in which the new quality job is located; and (5) Equal to $5,000.00 annually per eligible new quality job where the job pays 200 percent or more of the average wage of the county in which the new quality job is located; provided, however, that where the amount of such credit exceeds a 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 48-7-103 but not to exceed in any one taxable year $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located for each new full-time job the credit amounts in paragraphs (1) through (5) of this subsection for each new quality job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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. For each new full-time quality job created, the credit established by this subsection may be taken for the first taxable year in which the new full-time quality job is created and for the four immediately succeeding taxable years; provided, however, that such new full-time quality jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 50 new full-time quality jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 50 new full-time quality jobs required shall not be affected except as provided in subsection (f) of this Code section. The commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 50 new full-time quality jobs required. (c) The number of new full-time quality jobs to which this Code section shall be applicable shall be determined by comparing the monthly average of full-time new quality jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year.

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(d) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified new quality jobs were established. (e) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 487-56, including any approved extensions. (f) If the taxpayer has failed to maintain a new quality job in a taxable year, the taxpayer shall forfeit the right to the credit claimed for such job in that year. For each year such new quality job is not maintained, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. (g) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim. (e)(h) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."
SECTION 7. Said article is further amended in subsection (b) of Code Section 48-7-21, relating to taxation of corporations, by adding a new paragraph to read as follows:
"(16)(A) As used in this paragraph, the term 'related member' shall have the same meaning as provided in Code Section 48-7-28.3. (B) There shall be subtracted from taxable income, before the income is apportioned or allocated as provided by Code Section 48-7-31, any amount received or accrued from a related member during the taxable year to the extent such amount corresponds to expenses or costs the related member was required to add back and thereby include in its taxable income prior to the apportionment and allocation of such income pursuant to paragraph (10) of this subsection."
SECTION 8. Said article is further amended in Code Section 48-7-28.3, relating to expenses from transactions with related members, by revising paragraph (2) of subsection (d) as follows:
"(2) The amount of the adjustment required by subsection (b) of this Code section shall be reduced, but not below zero, to the extent the corresponding interest expenses and costs and intangible expenses and costs:
(A) Are received as income in an arm's length transaction by the related member; provided, however, that the subtraction from taxable income permitted by paragraph (16) of subsection (b) of Code Section 48-7-21 shall not be taken into account for

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purposes of determining whether such expenses and costs are received as income by the related member; and (B) Such income is allocated or apportioned, or both, to and taxed by Georgia or another state that imposes a tax on or measured by the income of the related member."
SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable for all taxable years beginning on or after January 1, 2009.
SECTION 10. 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 439.
The motion prevailed.
HB 278. By Representatives Ramsey of the 72nd, Pruett of the 144th, Cole of the 125th, Millar of the 79th, Lindsey of the 54th 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 Education Act," so as to temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; 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 for nepotism restrictions for eligibility for members of local boards of education and for local school superintendents; 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 the annual disclosure of expenditures by local boards of education; to provide for withholding of funds; to amend Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, so as to prohibit certain actions by local school superintendents; to amend Article 6 of Chapter 2 of Title 20 of the Official Code of

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Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide for enrollment counts for students in certain dual enrollment programs; to provide for requirements for weighting of students in certain dual enrollment courses under the Quality Basic Education Formula; to temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 0.1 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (c) of Code Section 20-2-51, relating to election of county board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, as follows:
"(c)(1) No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of a local board of education. No person employed by a local board of education shall be eligible to serve as a member of that board of education. No person employed by the Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a local board of education. This subsection paragraph shall not apply to institutions above the high school level. (2) No person who has an immediate family member sitting on a local board of education or serving as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system shall be eligible to serve as a member of such local board of education. As used in this paragraph, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2009. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes a local board of education member for that school system."

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SECTION 0.2 Said chapter is further amended by revising subsection (b) of Code Section 20-2-101, relating to appointment of county school superintendents, as follows:
"(b)(1) 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. (2) No person shall be eligible to be appointed, employed, or to serve as superintendent of schools of any county or independent school system who has an immediate family member sitting on the local board of education for such school system or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on or after July 1, 2009, by that school system. As used in this subsection, the term 'immediate family member' shall have the same meaning as in subsection (c) of Code Section 20-2-51. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes the superintendent for that school system."
SECTION 0.3 Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding a new Code section to read as follows:
"20-2-72. (a) Each local board of education shall annually disclose all expenditures, including, but not limited to, expenditures for association dues, advertising and public relations campaigns, mailing, research, analysis, and the compilation and dissemination of information, as well as salaries, administrative expenses, litigation expenses, website operation costs, meetings, conferences, recruitment activities, and media releases. Such disclosure may be accomplished by posting the school system's ledger in electronic form on the school system website. Such disclosure shall be made no later than July 31 of each year for the immediately previous fiscal year. (b) The State Board of Education shall be authorized to initiate the provisions of Code Section 20-2-243, relating to withholding of funds, including specifically administrative funds for salaries pursuant to Code Section 20-2-186, if a local board of education does not comply with the requirements of this Code section."
SECTION 0.4 Article 5 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local school superintendents, is amended by adding a new Code section to read as follows:

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"20-2-101.1. (a) A local school superintendent shall not be eligible to be employed by or be under contract for any education association, regional educational service agency, or the Department of Education or any other entity which represents or does business with the local school system which employed the superintendent until one year after the termination date of the superintendent's employment or leaving such office. (b) A superintendent employed by or under contract with a local board of education shall be prohibited from registering as a lobbyist or engaging in lobbying under this article for a period of one year after terminating such employment or leaving such office."
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 revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional program, as follows:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program

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established in Code Section 20-2-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. A student who is enrolled in a dual enrollment program other than as established in Code Section 20-2161.1 shall be counted for the high school program or other appropriate program for each segment in which the student is attending the high school or attending a postsecondary course conducted at the high school, as long as the dual enrollment program is provided (1) at a charter school or (2) at a high school pursuant to an agreement between the local school system and a postsecondary institution if such agreement has been approved by the State Board of Education. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date."
SECTION 2. Said article is further amended in Code Section 20-2-161, relating to the Quality Basic Education Formula, by adding a new subsection to read as follows:
"(c.1) For purposes of calculating the annual allotment of funds to each local school system, a student who is enrolled in a dual enrollment program other than as established in Code Section 20-2-161.1 shall be counted for the high school program or other appropriate program for each segment in which the student is attending the high school or attending a postsecondary course conducted at the high school, as long as the dual enrollment program is provided (1) at a charter school or (2) at a high school pursuant to an agreement between the local school system and a postsecondary institution if such agreement has been approved by the State Board of Education."
SECTION 3. Said article is further amended in Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, by adding a new subsection to read as follows:
"(f)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to direct instructional costs, media center costs, and staff and professional development costs shall be waived and shall not apply to nor be enforceable against a local school system. (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15.

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(3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010."
SECTION 4. Said article is further amended by revising Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows:
"20-2-184.1. (a) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level. Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds.
(b)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to additional days of instruction shall be waived and shall not apply to nor be enforceable against a local school system. (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010."

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SECTION 5. Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," is amended by revising subsection (h) of Code Section 20-2-260, relating to capital outlay funds generally, as follows:
"(h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following:
(1) Extraordinary growth of student population in excess of the capacity of existing facilities; (2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section; (3) Replacement of educational facilities which have been certified as hazards to health or safety; (4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section; (C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met. This subsection shall be automatically repealed on June 30, 2011."
SECTION 5A. Said part is further amended in Code Section 20-2-260, relating to capital outlay funds generally, by adding a new paragraph to subsection (j) to read as follows:
"(7) This subsection shall be automatically repealed on June 30, 2011."

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SECTION 5B. Said part is further amended in Code Section 20-2-262, relating to low-wealth capital outlay grants to local school systems, by adding a new subsection to read as follows:
"(e) This Code section shall be automatically repealed on June 30, 2011."
SECTION 5C. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing Section 1 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 21 of such Act in its entirety.
SECTION 5D. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing Section 2 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 23 of such Act in its entirety. (3) An Act approved April 22, 1999 (Ga. L. 1999, p. 400), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on June 30, 2002."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Millar of the 79th and Coleman of the 97th move to amend HB 278 by striking lines 8 through 12 and inserting in lieu thereof the following:
to prohibit certain actions by local school superintendents; to temporarily waive certain expenditure
By inserting after "grants;" on line 21 the following:
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

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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 the inclusion of bilingual endorsements on high school transcripts; to provide for legislative intent;
By striking lines 95 through 140 and inserting in lieu thereof "Reserved."
By striking lines 142 through 151 and inserting in lieu thereof "Reserved."
By inserting between lines 202 and 203 the following:
SECTION 4A. Said chapter is further 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.'
20-2-326. For purposes of this part, the term:
(1) 'Articulation' means agreement between a high school and a postsecondary institution regarding the awarding of both secondary and postsecondary credit for a dual enrollment course. (2) '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 or the Georgia Charter Schools Commission in accordance with Article 31A 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. (3) '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. (4) 'Chronically low-performing high school' means a public high school in this state with a graduation rate less than 60 percent for three consecutive years, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data or that has not made adequate yearly

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progress for three consecutive years, as defined by the Office of Student Achievement. (5) '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. (6) 'Graduation plan' means a student specific plan developed in accordance with paragraph (7) of subsection (a) of Code Section 20-2-327 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. (7) '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. (8) 'Public college or university' means a two-year or four-year college, university, or other institution under the auspices of the Board of Regents of the University System of Georgia. (9) '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 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. (10) 'Technical school or college' means a school, college, institution, or other branch of the Technical College System of Georgia.
20-2-327. (a)(1) The Department of Education shall develop focused programs of study in high demand, high skill, and high wage academic and career fields in accordance with a phase-in schedule as determined by the state board. (2) Focused programs of study may include, but are not limited to:

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(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 focused programs of study the flexibility for a student to pursue courses at the school of attendance, at a technical school or college, at a public college or university, 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 committee which includes high school teachers; school counselors; representatives from the Board of Regents of the University System of Georgia, the Technical College System of Georgia, the Governor's Office of Workforce Development, and employers; and others as deemed appropriate by the department. These committees shall develop and recommend a focused program of study which blends academic and technical content developed around college and career readiness standards with real world problems and projects for students. Recommendations shall include state-wide articulation and dual enrollment courses between local school systems and postsecondary institutions to provide seamless pathways for adequately prepared high school students to move directly into postsecondary education. The committees shall develop measures to certify equivalency in content and rigor for all state-wide articulation and dual enrollment courses and shall follow related policies and procedures established by the Department of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education for awarding articulation and dual enrollment credit which shall be based on students qualifying to enroll in credit bearing postsecondary courses. (5) Student performance at the advanced proficiency/honors level on any assessments required for purposes of high school graduation shall be recognized as: (1) meeting postsecondary entrance test requirements, and (2) qualifying students to enroll in credit-bearing postsecondary course work in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (6) Secondary and postsecondary credit shall be awarded immediately upon successful completion of any articulated or dual enrollment course in accordance with policies and requirements established by the State Board of Education, the Board of

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Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (7) Beginning with the 2009-2010 school year, students in the sixth, seventh, and eighth grades shall be provided counseling, advisement, career awareness, career interest inventories, and information to assist them in evaluating their academic skills and career interests. Before the end of the second semester of the eighth grade, students shall select a preferred focused program of study and develop an individual graduation plan in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee. High school students shall be provided guidance, advisement, and counseling annually that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to postsecondary study, further training, or employment. An individual graduation plan shall:
(A) 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; (B) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (C) Align educational and broad career goals and a student's course of study; (D) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (E) Include experience based, career oriented learning experiences which may include, but not be limited to, internships, apprenticeships, mentoring, co-op education, and service learning; (F) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (G) 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 (H) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (8) The Department of Education shall provide training for 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 middle or high school.

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(9) No later than July 1, 2011, the State Board of Education, in collaboration with the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall establish a process for certifying all focused 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 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. (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 (d) 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 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;

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(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 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. (c) No later than July 1, 2010, the State Board of Education shall promulgate rules and regulations for chronically low-performing high schools receiving a reform grant pursuant to subsection (d) 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) 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 high schools pursuant to this part. The state board shall establish program requirements in accordance with the provisions of this part and 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 (d) 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 or a public college or

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university, 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) Provide students in the ninth 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 revising, if appropriate, the individual graduation plan developed pursuant to paragraph (7) of subsection (a) of Code Section 20-2-327; (4) Enroll students no later than ninth grade into one of the following options for earning a high school diploma and preparing students for postsecondary education and a career which will include a structured program of academic study with in-depth studies in:
(A) Mathematics and science; (B) Humanities, fine arts, and foreign language; or (C) 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. 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

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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, 2010, 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, 2020, with annual incremental targets.
20-2-329.1. (a) 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. (b) 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.
20-2-329.3. It is the intent of the General Assembly that it is strongly discouraged that this part be waived by the State Board of Education pursuant to Article 4 of this chapter, Code Section 20-2-244, or Code Section 20-2-2065."
SECTION 4B. 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 consider the passage by a student of an employer or industry certification examination or a state licensure examination which is approved by the State Board of Education when considering whether to grant such student a variance for one or more portions of the high school graduation test required by the State Board of Education pursuant to subsection (a) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant portion of the high school graduation test at least three times."
SECTION 4C. Said article is further amended by adding a new Code section to read as follows:

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"20-2-151.3. (a) No later than July 1, 2011, the State Board of Education shall establish requirements for the inclusion of bilingual endorsements on the high school transcripts of graduating seniors who receive a passing grade on an approved test to demonstrate bilingual skills. (b) Local boards of education shall indicate that a student has received a bilingual endorsement on the transcript of any such student who has received a passing grade on a test approved by the State Board of Education pursuant to subsection (a) of this Code section."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles
Bearden N Beasley-Teague Y Benfield Y Benton
Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes
Ehrhart Y England E Epps, C N Epps, J Y Everson E Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton
Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield N Heard

E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne
Houston Y Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson Y Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey
Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris
Mosby N Murphy N Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake N Porter Y Powell, A Y Powell, J N Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

On the adoption of the amendment, the ayes were 101, nays 60.

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Smyre N Stephens, M Y Stephens, R N Stephenson Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker

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The amendment was adopted.

Representative Millar of the 79th moved that the House agree to the Senate substitute, as amended by the House, to HB 278.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black N Brooks N 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 Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

N Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley Y Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson E Floyd N Fludd N Franklin Y Frazier N Fullerton N Gardner Y Geisinger Y Glanton
Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

E Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard N Hudson N Hugley Y Jackson Y Jacobs N James
Jerguson Y Johnson, C N 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
Lindsey Long Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 124, nays 37.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris
Mosby Y Murphy N Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Smyre Y Stephens, M Y Stephens, R N Stephenson Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates Richardson, Speaker

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

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This version of HB 278 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."
It would have been a violation of my oath of office to have voted to pass this version of HB 278.
/s/ Bobby Franklin Representative, District 43
HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes.
Representative McCall of the 30th moved that the House insist on its position in disagreeing to the Senate amendment to HB 529 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives McCall of the 30th, Roberts of the 154th and England of the 108th.
HB 318. By Representatives McCall of the 30th and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL

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To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding the return of certain motor vehicles; to provide for definitions; to change certain provisions relating to ad valorem taxation of heavy-duty equipment motor vehicles; to change certain provisions relating to definitions; to change certain provisions regarding applicability; to provide that no ad valorem tax shall be assessed, levied, or collected on any heavy-duty equipment motor vehicle except during the taxable year in which it is purchased; to provide for limitations; to provide for related matters; to provide for effective dates and for applicability; to provide for reenactment of certain prior provisions of law; 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 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-444, relating to the place of return for tax purposes of motor vehicles and mobile homes, by revising subsection (a) as follows:
"(a)(1) For purposes of this subsection, the term 'functionally located' means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may be consecutive.
(2)(A) Except as otherwise provided in paragraph (3) of this subsection, each Each motor vehicle owned by a resident of this state shall be returned:
(i) In in the county where the owner claims a homestead exemption; or, (ii) If if no such exemption is claimed, then in the county of the owner's domicile; or, (iii) If if the motor vehicle is primarily used in connection with some established business enterprise located in a different county, in the county where the business is located. (B) A motor vehicle owned by a resident of this state may be registered in the county where the vehicle is functionally located if the vehicle is a passenger car as defined in paragraph (41) of Code Section 40-1-1. Such vehicle shall first be returned for taxation as provided in subparagraph (A) of this paragraph. This subparagraph shall not apply with respect to any vehicle which is used by a student enrolled in a college or university in this state in a county other than the student's domicile. (C) Each motor vehicle owned by a nonresident shall be returned in the county where the motor vehicle is situated. (3)(A) As used in this paragraph, the term:

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(i) 'Family owned qualified farm products producer' shall have the same meaning as provided in paragraph (2) of Code Section 48-5-41.1. (ii) 'Passenger car' shall have the same meaning as provided for in paragraph (41) of Code Section 40-1-1. (iii) 'Truck' shall have the same meaning as provided for in paragraph (70) of Code Section 40-1-1. (B) If a passenger car or truck is primarily used in connection with some established farm operated by a family owned qualified farm products producer located in a county other than the county where the owner claims a homestead exemption or the county of the owner's domicile, such passenger car or truck shall be returned in the county where the farm operated by a family owned qualified farm products producer is located. (3)(4) Any person who shall knowingly make any false statement in any application for the registration of any vehicle, in transferring any certificate of registration, or in applying for a new certificate of registration shall be guilty of false swearing, whether or not an oath is actually administered to such person, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10-71."
PART II SECTION 2-1.
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-505, relating to definitions regarding heavy-duty equipment motor vehicles, by revising paragraph (2) and by adding a new paragraph to read as follows: "(2) 'Heavy-duty equipment motor vehicle' means a motor vehicle an off-road vehicle with all its attachments and parts which is self-propelled, weighs 5,000 pounds or more, and is primarily designed and used exclusively for utility services and maintenance, earth moving construction, industrial, maritime, or mining uses, provided that such motor vehicles are not required to be registered and have a license plate.
(3) 'Person or entity' means a natural person or entity other than a publicly traded company that has purchased a heavy-duty equipment motor vehicle."
SECTION 2-2. Said chapter is further amended by revising Code Section 48-5-506, relating to applicability of provisions relating to ad valorem taxation of heavy-duty equipment motor vehicles, as follows:
"48-5-506. (a) The provisions of this article shall apply only to heavy-duty equipment motor vehicles, and dealers, and persons or entities as defined in Code Section 48-5-505.

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(b) The provisions of Part 2 of Article 10 of this chapter shall apply to all other heavyduty equipment motor vehicles, and dealers, and persons or entities not provided for in subsection (a) of this Code section."
SECTION 2-3. Said chapter is further amended by revising subsection (a) of Code Section 48-5-507, relating to change of method of evaluating heavy-duty equipment motor vehicles for ad valorem taxes, as follows:
"(a)(1) Except as otherwise provided in paragraph (2) of this subsection and except Except as provided in subsections (b) and (c) of this Code section, every heavy-duty equipment motor vehicle owned in this state by a natural person or other entity provided for under subsection (a) of Code Section 48-5-506 is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person or entity on the first day of January of any taxable year on a one-time basis during the taxable year in which the heavy-duty equipment motor vehicle is purchased. No ad valorem tax shall be assessed, levied, or collected on any heavy-duty equipment motor vehicle except during the taxable year in which it is purchased. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. The owner shall return the heavy-duty equipment motor vehicle for taxation as provided in Article 1 of this chapter.
(2) No person or combination of persons with common ownership interests and no entity or combination of entities with common ownership interests shall be authorized to claim or be allowed an exemption from ad valorem taxes under this subsection which exceeds $100,000.00."
PART III SECTION 3-1.
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-505, relating to definitions regarding heavy-duty equipment motor vehicles by revising paragraph (2) and repealing paragraph (3) as follows:
"(2) 'Heavy-duty equipment motor vehicle' means an off-road vehicle as defined in Code Section 40-7-3 a motor vehicle with all its attachments and parts which is selfpropelled, weighs 5,000 pounds or more, and is primarily designed and used exclusively for utility services and maintenance, construction, industrial, maritime, or mining uses, provided that such motor vehicles are not required to be registered and have a license plate. (3) 'Person or entity' mean a natural person or entity other than a publicly traded company who has purchased a heavy-duty equipment motor vehicle."

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SECTION 3-2. Said chapter is further amended by revising Code Section 48-5-506, relating to applicability of provisions relating to ad valorem taxation of heavy-duty equipment motor vehicles, as follows:
"48-5-506. (a) The provisions of this article shall apply only to heavy-duty equipment motor vehicles, and dealers, and persons or entities as defined in Code Section 48-5-505. (b) The provisions of Part 2 of Article 10 of this chapter shall apply to all other heavyduty equipment motor vehicles, and dealers, and persons or entities not provided for in subsection (a) of this Code section."
SECTION 3-3. Said chapter is further amended by revising subsection (a) of Code Section 48-5-507, relating to change of method of evaluating heavy-duty equipment motor vehicles for ad valorem taxes, as follows:
"(a)(1) Except as otherwise provided in paragraph (2) of this subsection and except Except as provided in subsections (b) and (c) of this Code section, every heavy-duty equipment motor vehicle owned in this state by a natural person or other entity provided for under subsection (a) of Code Section 48-5-506 is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property on a one-time basis during the taxable year in which the heavy-duty equipment motor vehicle is purchased. No ad valorem tax shall be assessed, levied, or collected on any heavy-duty equipment motor vehicle except during the taxable year in which it is purchased only if owned by such natural person or entity on the first day of January of any taxable year. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself. The owner shall return the heavyduty equipment motor vehicle for taxation as provided in Article 1 of this chapter.
(2) No person or combination of persons with common ownership interests and no entity or combination of entities with common ownership interests shall be authorized to claim or be allowed an exemption from ad valorem taxes under this subsection which exceeds $100,000.00."
PART IV SECTION 4-1.
(a) Part I of this Act and this part shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. (b) Part II of this Act shall become effective January 1, 2010, and shall be applicable to the 2010 and 2011 taxable years only. (c) Part III of this Act shall become effective January 1, 2012, and shall be applicable to all taxable years beginning on or after that date.

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SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.
Representative McCall of the 30th moved that the House disagree to the Senate substitute to HB 318.
The motion prevailed.
SB 195. By Senators Chance of the 16th, Staton of the 18th, Shafer of the 48th and Pearson of the 51st:
A BILL to be entitled an Act to amend Titles 26 and Title 43 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics and to professions and businesses, respectively, so as to clarify that the applications submitted for certain professions and businesses are to be made in the form prescribed and not necessarily as a written document; to change provisions relating to examinations to obtain a license to engage in the practice of pharmacy; to change certain provisions relating to the general powers of the division director; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Representative Wilkinson of the 52nd moved that the House insist on its position in substituting SB 195.
The motion prevailed.
HB 485. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for alternative tax credits for base year port traffic; 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 amendments were read:
Senate Amendment # 1
Amend HB 485 (LC 18 8240S) by inserting after "commissioner;" on line 5 the following: to amend Code Section 48-8-45 of the Official Code of Georgia Annotated, relating to sales and use tax, reporting of sales, and deductibility of bad debts, so as to change

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provisions relating to deduction of bad debts by persons reporting on an accrual basis; to authorize refunds as well as deductions;
By inserting between lines 86 and 87 the following:
SECTION 1A. Code Section 48-8-45 of the Official Code of Georgia Annotated, relating to sales and use tax, reporting of sales, and deductibility of bad debts, is amended by revising subsection (d) as follows: "(d) An assignee of private label credit card debt purchased directly from a dealer without recourse or a credit card bank which extends such credit to customers under a private label credit card program shall be allowed a deduction or refund for private label credit card bad debts under rules and regulations of the commissioner on the same basis that private label credit card bad debts are allowed as a deduction or refund on state income tax returns. An issuer or assignee of private label credit card debt may claim its deduction or refund 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."
Senate Amendment # 2
Amend HB 485 (LC 18 8240S) by inserting "tax" between "No" and "credit" on line 85.
The following amendment was read and adopted:
Representative O'Neal of the 146th moves to amend the Senate amendment to HB 485 (AM 33 0841) by striking lines 1 through 18 and inserting in their place the following:
Amend HB 485 by striking lines 1 through 92 and inserting in their place the following: To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions regarding revenue and taxation; to provide for the service of subpoenas by certified mail; to expand the right to an administrative hearing with respect to claims for sales and use tax refunds; to provide for certain definitions and change certain provisions regarding sales and use tax refunds; to provide for the service of summons of garnishment by certified mail; to enable individual taxpayers who take the qualified education tax credit to file electronically by changing the provisions regarding when the letter of confirmation of donation shall be attached to the return; to provide for alternative tax credits for base year port traffic; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; 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:

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SECTION 1. This Act shall be known and may be cited as the "Improved Taxpayer Customer Service Act of 2009."
SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (4) of subsection (a) of Code Section 48-2-8, relating to powers of the state revenue commissioner, as follows:
"(4) Subpoena the attendance of witnesses and require the production of books, papers, records, and documents and, subject to the rights of the taxpayer as to rights of privacy guaranteed to him the taxpayer by the Constitution and laws of this state, may examine such items and the books, records, inventories, or business of any taxpayer or of any fiduciary, bailee, or other person having knowledge of the tax liability of any taxpayer or knowledge pertinent to the investigation or inquiry. The subpoena may be served by the commissioner or the commissioner's authorized representative to such person at the person's last known address by registered or certified mail or statutory overnight delivery, return receipt requested. If such person refuses to accept service of a subpoena by registered or certified mail or statutory overnight delivery, the subpoena shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service, and the person shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the subpoena. This liability shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner."
SECTION 3. Said title is further amended by revising Code Section 48-2-35, relating to tax refunds, as follows:
"48-2-35. (a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest, except as provided in subsection (b) of this Code section, on the amount of the taxes or fees at the rate of 1 percent per month from the date of payment of the tax or fee to the commissioner. For the purposes of this Code section, any period of less than one month shall be considered to be one month. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount of the refund, and the reason for the refund. (b) No interest shall be paid if the taxes or fees were erroneously or illegally assessed and collected due to the taxpayer failing to claim any credits listed in Article 2 of Chapter 7 of this title on or before the due date for filing the applicable income tax return, including any extensions which have been granted.

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(c)(1)(A) A claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after:
(i) The date of the payment of the tax or fee to the commissioner; or (ii) In the case of income taxes, the later of the date of the payment of the tax or fee to the commissioner or the due date for filing the applicable income tax return, including any extensions which have been granted. (B) Each claim shall be filed in writing in the form and containing such information as the commissioner may reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies and an identification of the transactions being contested. (C) Should any person be prevented from filing such an application a claim because of service of such person or such person's counsel in the armed forces during such period, the period of limitation shall date from the discharge of such person or such person's counsel from such service. (D) A claim for refund may not be submitted by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (2) In the event the taxpayer desires a conference or hearing before the commissioner or the commissioner's delegate in connection with any claim for refund, he or she shall specify such desire in writing in the claim and, if the claim conforms with the requirements of this Code section, the commissioner shall grant a conference at a time he or she shall reasonably specify. A taxpayer may contest any claim for refund that is denied in whole or in part by filing with the commissioner a written protest at any time within 30 days from the date of notice of refund denial or partial payment. Such 30 day period shall be extended for such additional period as may be agreed upon in writing between the taxpayer and the commissioner during the initial 30 day period or any extension thereof. In the event the taxpayer wishes to request a conference, that request shall be included in the written protest. All protests shall be prepared in the form and contain such information as the commissioner shall reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies, an identification of the transactions being contested, and the reasons for disputing the findings of the commissioner. The commissioner shall grant a conference before the commissioner's designated officer or agent at a time specified and shall make reasonable rules governing the conduct of conferences. The discretion given in this Code section to the commissioner shall be reasonably exercised on all occasions. (3) The commissioner or his or her the commissioner's delegate shall consider information contained in the taxpayer's claim for refund, together with such other information as may be available, and shall approve or disapprove deny the taxpayer's claim and notify the taxpayer of his or her the action. (4) Any taxpayer whose claim for refund is denied by the commissioner or his or her the commissioner's delegate or whose claim is not decided by the commissioner or his or her the commissioner's delegate within one year from the date of filing the claim shall have the right to bring an action for a refund in the superior court of the county of the residence of the taxpayer, except that:

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(A) If the taxpayer is a public utility or a nonresident, the taxpayer shall have the right to bring an action for a refund in the superior court of the county in which is located the taxpayer's principal place of doing business in this state or in which the taxpayer's chief or highest corporate officer or employee resident in this state maintains his or her an office; or (B) If the taxpayer is a nonresident individual or foreign corporation having no place of doing business and no officer or employee resident and maintaining his or her an office in this state, the taxpayer shall have the right to bring an action for a refund in the Superior Court of Fulton County or in the superior court of the county in which the commissioner in office at the time the action is filed resides. (5) An action for a refund pursuant to paragraph (4) of this subsection may shall not be brought by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (6)(A) No action or proceeding for the recovery of a refund under this Code section shall be commenced before the expiration of one year from the date of filing the claim for refund unless the commissioner or his or her the commissioner's delegate renders a decision on the claim within that time, nor shall any action or proceeding be commenced after the later of:
(i) The expiration of two years from the date the claim is denied; or (ii) If a valid protest is filed under paragraph (2) of this subsection, 30 days after the date of the department's notice of decision on such protest. (B) The two-year period prescribed in this paragraph for filing an action for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the commissioner during the two-year prior to the expiration of such period or any extension thereof. (d) In the event any taxpayer's claim for refund is approved by the commissioner or his or her the commissioner's delegate and the taxpayer has not paid other state taxes which have become due, the commissioner or department may set off the unpaid taxes offset any existing liabilities against the refund. When Once the setoff offset authorized by this subsection is exercised occurs, the refund shall be deemed granted and the amount of the setoff offset shall be considered for all purposes as a payment toward the particular tax debt which is being set off liabilities at issue. Any excess refund remaining amount after the setoff has any offsets have been applied shall be refunded to the taxpayer at the same time the offset is taken. (e) This Code section shall not apply to taxes paid or stamps purchased for alcoholic beverages pursuant to Title 3. (f) For purposes of all claims for refund of sales and use taxes erroneously or illegally assessed and collected, the term 'taxpayer,' as defined under Code Section 48-2-35.1, shall apply."
SECTION 4. Said title is further amended by revising Code Section 48-2-35.1, relating to sales and use tax refunds, as follows:

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"48-2-35.1. (a) Except as provided for in this subsection, for the purposes of all claims for refund of sales and use taxes erroneously or illegally assessed and collected, the term 'taxpayer' as used in Code Section 48-2-35 shall mean a dealer as defined in Code Section 48-8-2 that collected and remitted erroneous or illegal sales and use taxes to the commissioner. A person that has erroneously or illegally paid sales taxes to a dealer that collected and remitted such taxes to the commissioner may elect to seek a refund from such dealer. Alternatively, such person may file a claim for refund either initially with the commissioner or with the commissioner after being unable to obtain a refund from such dealer and shall also be considered a taxpayer for purposes of filing a claim for refund under Code Section 48-2-35, but only if such person:
(1) When filing a refund claim initially with the commissioner, provides the department with a notarized form prescribed by the commissioner and executed by the dealer affirming that the dealer:
(A) Has not claimed or will not claim a refund of the same tax included in the person's request for refund; (B) Will provide to the person any information or documentation in the dealer's possession needed for submission to the department to support or prove the claim for refund; (C) Has remitted to the state the taxes being sought for refund; and (D) Has not taken or will not take a credit for taxes being sought for refund; or (2)(A) When filing a refund claim with the commissioner after being unable to obtain a refund from such dealer, such person provides a letter or other information as may be requested by the commissioner that either:
(i) The dealer refused or was unable to refund the erroneously or illegally assessed and collected taxes; or (ii) The dealer did not act upon the person's written request for refund of the erroneously or illegally assessed and collected taxes within 90 days from the date of such request for refund. (B) Upon acceptance of such letter or information by the commissioner, the dealer shall be deemed to have assigned all rights to the refund to such person. (b) If a certificate or exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase tangible personal property or taxable services without the payment of sales and use tax has not been obtained and used prior to purchasing such tangible personal property or taxable services, a refund of sales and use taxes shall be made without interest."
SECTION 5. Said title is further amended by revising Code Section 48-2-55, relating to garnishments and levies, by revising paragraph (2) of subsection (b) as follows:
"(2) The commissioner or his the commissioner's authorized representative may use garnishment to collect any tax, fee, license, penalty, interest, or collection costs due the state which are imposed by this title or which the commissioner or the department

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is responsible for collecting under any other law. Garnishment may be issued by the commissioner or his the commissioner's authorized representative against any person whom he the commissioner believes to be indebted to the defendant or who has property, money, or effects in his such person's hands belonging to the defendant. The summons of garnishment shall be served by the commissioner or his the commissioner's authorized representative, shall be served at least 15 days before the sitting of the court to which the summons is made returnable, and shall be returned to either the superior court or the state court of the county in which the garnishee is served. The commissioner or his the commissioner's authorized representative shall enter on the execution the names of the persons garnished and shall return the execution to the appropriate court. All subsequent proceedings shall be the same as provided by law regarding garnishments in other cases when judgment has been obtained or execution issued. In addition to any other methods of service, the summons of garnishment may be served by the commissioner or the commissioner's authorized representative to the garnishee by registered or certified mail or statutory overnight delivery, return receipt requested. Either the return receipt indicating receipt by the garnishee or the envelope bearing the official notification from the United States Postal Service of the garnishee's refusal to accept delivery of such registered or certified mail or statutory overnight delivery shall be filed with the clerk of the court in which the garnishment is pending. If statutory overnight delivery was accomplished through a commercial firm as provided under paragraph (1) of subsection (b) of Code Section 9-10-12, the return receipt indicating receipt by the garnishee or the envelope bearing the official notification of such commercial firm of the garnishee's refusal to accept delivery shall be filed with the clerk of the court in which garnishment is pending. If a garnishee refuses to accept service of a summons of garnishment by registered or certified mail or statutory overnight delivery, the summons of garnishment shall be served by the commissioner or the commissioner's authorized representative under any other method of lawful service and the garnishee shall be personally liable to the commissioner for a sum equal to the actual costs incurred to serve the summons of garnishment. This liability shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner."
SECTION 6. Said title is further amended in Code Section 48-7-29.16, relating to qualified education tax credits, by revising subsection (g) as follows:
"(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. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the

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department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. 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."
SECTION 7. Said title is further amended by adding a new Code section to read as follows:
"48-7-40.15A. (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 (TEU's) of product actually 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 imported into this state or exported out of this state during such period was not at least 75 net tons, five containers, or ten twentyfoot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (2) 'Business enterprise' means any business located in a tier two or tier three county established pursuant to Code Section 48-7-40 and in a less developed area established pursuant to Code Section 48-7-40.1 and which qualifies and receives the tax credit under Code Section 48-7-40.1 and which:
(A) Consists of a distribution facility of greater than 650,000 square feet in operation in this state prior to December 31, 2008; (B) Distributes product to retail stores owned by the same legal entity or its subsidiaries as such distribution facility; and (C) Has a minimum of 8 retail stores in this state in the first year of operations. (3) 'Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility. (4) '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. (b)(1) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a job tax credit under Code Section 48-7-40 or 48-7-40.1 for jobs added at any time on or after January 1, 1998, there shall be allowed an additional $1,250.00 job tax credit against the tax imposed under this article.

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(2) The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 and shall be in addition to the credit allowed under Code Section 48-7-40; provided, however, that such credit shall not be allowed during a year if the port traffic does not remain above the minimum level established in this Code section. (c) No business enterprise shall be authorized to claim the credits provided for in both subsection (b) of this Code section and subsection (b) of Code Section 48-7-40.15 on a tax return for any taxable year unless such business enterprise has increased its port traffic of products during the previous 12 month period by more than 20 percent above its base year port traffic and has increased employment by 400 or more no sooner than January 1, 1998. (d)(1) The credit granted under this Code section shall be subject to the following conditions and limitations: (2) For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's state income tax return which shall set forth the following information, as a minimum, in addition to the information required under Code Sections 48-7-40 and 48-7-40.2 or 48-7-40.7:
(A) A description of how the base year port traffic and the increase in port traffic was determined; (B) The amount of the base year port traffic; (C) The amount of the increase in port traffic for the taxable year, including information which demonstrates an increase in port traffic in excess of the minimum amount required to claim the tax credit under this Code section; (D) Any tax credit utilized by the taxpayer in prior years; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years. (3)(A) Any tax credit claimed under subsection (b) of this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, provided that the increase in port traffic remains above the minimum levels established in Code Section 48-740 and this Code section, respectively. (B) The tax credit established by this Code section in lieu of Code Section 48-740.2, 48-7-40.3, or 48-7-40.4 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (C) The tax credit established by this Code section in addition to that pursuant to Code Section 48-7-40 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year.

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(D) The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer. (e) No tax credit may be claimed and allowed pursuant to this Code section for any jobs created on or after January 1, 2015."

SECTION 8. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 6 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2008.

SECTION 9. 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 amendments, as amended by the House, to HB 485.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black N 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

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley Y Drenner N Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt Y Horne Y Houston Y Howard Y Hudson N Hugley Y Jackson E Jacobs Y James 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 Lindsey

Manning Y Marin
Martin Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B
Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet Y Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard

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Y Coan Y Cole E Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 143, nays 20.

Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 485 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 485.

/s/ Bobby Franklin Representative, District 43

HB 69. By Representatives Jerguson of the 22nd, Cooper of the 41st, Channell of the 116th, Mitchell of the 88th and Kaiser of the 59th:

A BILL to be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to clarify provisions relating to a candidate for nonresuscitation and authorization for an order not to resuscitate and to remove statutory ambiguity; 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 31-39-4 of the Official Code of Georgia Annotated, relating to persons authorized to issue an order not to resuscitate, so as to provide for an attending physician to issue an order not to resuscitate a candidate for nonresuscitation without concurrence by another physician under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 31-39-4 of the Official Code of Georgia Annotated, relating to persons authorized to issue an order not to resuscitate, is amended by revising subsection (c) as follows:
"(c) The appropriate authorized person may, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent is based in good faith upon what such authorized person determines such candidate for nonresuscitation would have wanted had such candidate for nonresuscitation understood the circumstances under which such order is being considered. Where such authorized person is an agent under a durable power of attorney for health care or health care agent under an advance directive for health care appointed pursuant to Chapter 32 of this title, the attending physician may issue an order not to resuscitate a candidate for nonresuscitation pursuant to the requirements of this chapter without the concurrence of another physician, notwithstanding the provisions of paragraph (4) of Code Section 3139-2."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Jerguson of the 22nd moved that the House agree to the Senate substitute to HB 69.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles
Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser

Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton

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Y Butler Byrd
Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole E Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Hatfield Y Heard

Y Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 159, nays 1.

Y Parrish Parsons
Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

SB 133. By Senators Hawkins of the 49th, Goggans of the 7th, Thomas of the 54th, Williams of the 19th, Hooks of the 14th 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 provide for certain compensation that may be received by a health care provider for purposes of sovereign immunity protection; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

Amend the House substitute to SB 133 (LC 33 3236S) by striking lines 11 through 14 and inserting in lieu thereof the following:

"(R) Any A safety net clinic, which includes any other medical facility the primary purpose of which is to deliver human dental or medical diagnostic services or which delivers nonsurgical human medical treatment and which includes may include an office maintained by a provider;"

Representative Channell of the 116th moved that the House agree to the Senate amendment to the House substitute to SB 133.

On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J
Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion the ayes were 158, nays 2.

Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Randall Y Reece Y Reese Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 184. By Representatives Frazier of the 123rd, Williams of the 89th, Amerson of the 9th, Nix of the 69th, Brooks of the 63rd and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, so as to provide for the public dissemination of information relating to sickle cell disease; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

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A BILL

To amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, so as to provide for the public dissemination of information relating to sickle cell disease; 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 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage license and ceremony, is amended in Code Section 19-3-40, which is reserved, as follows:
"19-3-40. (a) As used in this Code section, the term 'blood test for sickle cell disease' means a blood test for sickle cell anemia, sickle cell trait, and other detectable abnormal hemoglobin. (b) The Department of Human Resources shall prepare information for public dissemination on the department's website describing the importance of obtaining a blood test for sickle cell disease and explaining the causes and effects of such disease. Such information shall recommend that each applicant applying for a marriage license obtain a blood test for sickle cell disease prior to obtaining a marriage license. Such information may also be provided as a brochure or other document. The department shall make such information available in electronic format to the probate courts of this state which shall disseminate such information to all persons applying for marriage licenses. Reserved."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Frazier of the 123rd moved that the House agree to the Senate substitute to HB 184.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C

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5131

Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Hatfield Y Heard

Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 164, nays 1.

Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R Y Stephenson
Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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.

HB 581. By Representatives Coan of the 101st, May of the 111th, Horne of the 71st, Marin of the 96th, Reese of the 98th and others:

A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to establish a credit to employers for hiring unemployment claimants; to provide for the Georgia Works program to assist recipients of unemployment compensation in obtaining new job skill training; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; to provide for related matters; to

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provide for an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Titles 34 and 50 of the Official Code of Georgia Annotated, relating to labor and industrial relations and state government, respectively, so as to provide for implementation of provisions allowing for stimulation of the economy and labor market within the state; to protect the solvency of the Georgia Unemployment Trust Fund by providing incentives to employers to comply with the Employment Security Law; to protect existing jobs and to stimulate job creation; to reduce employer payment requirements for de minimis tax amounts; to extend suspension of adjustments based upon the State-wide Reserve Ratio; to provide for a reduced adjustment in contribution rates through a certain time period; to reauthorize certain federal moneys for the administration of Chapter 8 of Title 34; to change a definition; to provide for additional weeks of benefits for persons in certain types of job training for high-demand occupations; to provide for restrictions on disclosure of confidential information; to change certain provisions relating to the base period; to change certain provisions relating to eligibility requirements for extended benefits; to change certain provisions relating to withdrawals from the Unemployment Trust Fund; to provide for applicability; to change certain provisions regarding powers of the Georgia State Financing and Investment Commission; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Georgia Works Job Creation and Protection Act of 2009."
SECTION 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-8-150, relating to payment of contributions by employers, to read as follows:
"34-8-150. (a) Contributions shall accrue from each employer for each calendar year in which the employer is subject to this chapter with respect to wages payable for employment, except as provided in Code Sections 34-8-158 through 34-8-162. Except as otherwise provided in this Code section, such Such contributions shall become due and be paid before the last day of the month next following the end of the calendar quarter to which they apply, in accordance with such regulations as the Commissioner may prescribe;

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provided, however, that with respect to employers as defined in paragraph (2) of subsection (a) of Code Section 34-8-33, the Commissioner shall provide by regulation that such contributions shall become due and be paid on an annual basis not later than such date as shall be prescribed by resolution of the Commissioner. Such contributions shall become delinquent if not paid when due and shall not be deducted, in whole or in part, from the wages of individuals in such employer's employ.
(b)(1) For calendar quarters beginning on or after July 1, 2009, when the combined amount of contributions under this Code section and assessments under Code Section 34-8-180 or 34-8-181 due from an employer for any calendar quarter does not exceed $5.00, such amount may be regarded as a de minimis amount with respect to that calendar quarter. (2) Payment of such de minimis amount for such calendar quarter, otherwise due before the last day of the month next following the end of the calendar quarter, may be deferred, at the option of the employer, until the January 31 reporting date next following, if the employer:
(A) Files all quarterly wage and tax reports, including a report of such de minimis amount due; (B) Timely pays all other amounts due; and (C) Makes full payment of any deferred de minimis amount by the January 31 report date next following. (3) In the event that an employer fails to comply with paragraph (2) of this subsection, any such deferred de minimis amount shall become delinquent as of the date originally due under this Code section and Code Section 34-8-165, 34-8-180, or 34-8-181, as applicable, and the employer shall be subject to all the provisions thereof. (b)(c) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent."

SECTION 3. Said title is further amended by revising subparagraph (d)(4)(B) of Code Section 34-8156, relating to the State-wide Reserve Ratio for unemployment compensation, to read as follows:
"(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the Statewide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table:
If the State-wide Reserve Ratio:

Equals or Exceeds

But Is Less Than

Overall Increase

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1.5 percent

1.7 percent

25 percent

1.25 percent

1.5 percent

50 percent

0.75 percent

1.25 percent

75 percent

Under 0.75 percent

100 percent

provided, however, that for the periods of January 1 through December 31, 2004;

January 1 through December 31, 2005; and January 1 through December 31, 2006,

the overall increase in the rate required under this subparagraph shall be suspended

and the provisions of this subparagraph shall be null and void, except in the event

the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent on the

computation date with respect to rates applicable to calendar year 2004, 2005, or

2006, then for each such year the Commissioner of Labor shall have the option of

imposing an increase in the overall rate of up to 35 percent, as of the computation

date, for each employer whose rate is computed under a rate table in Code Section

34-8-155; and provided, further, that for the periods of January 1 through December 31, 2007, January 1 through December 31, 2008, and January 1 through December 31, 2009, January 1 through December 31, 2010, and January 1 through December 31, 2011, the overall increase in the rate required under this subparagraph shall be

suspended and the provisions of this subparagraph shall be null and void, except in

the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent

on the computation date with respect to rates applicable to calendar year 2007,

2008, or 2009, 2010, or 2011, then for each such year the Commissioner of Labor

shall have the option of imposing an increase in the overall rate of up to 35 percent,

as of the computation date, for each employer whose rate is computed under a rate

table in Code Section 34-8-155."

SECTION 4. 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

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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 5. Said title is further amended by revising Code Section 34-8-24, relating to an individual's status as bona fide in the labor market, which revision is intended to satisfy the requirements and conditions to qualify for incentive payments provided for as Special Transfers for Unemployment Compensation Modernization in Section 2003 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to read as follows:
"34-8-24. As used in this chapter, the term 'bona fide in the labor market' means that any person claiming benefits under this chapter must be available for full-time employment, as that term is generally understood in the trade or work classification involved, without regard to prior work restrictions, provided that no individual who is otherwise eligible shall be deemed ineligible for benefits solely because the individual seeks, applies for, or accepts only part-time work, instead of full-time work, provided the individual claiming benefits worked part-time during a majority of the weeks of work in the base period and the individual is available for part-time work for at least 20 hours per week."
SECTION 6. Said title is further amended by revising subsection (d) of Code Section 34-8-193, relating to determination of weekly benefit amount, which revision is intended to satisfy the requirements and conditions to qualify for incentive payments provided for as Special Transfers for Unemployment Compensation Modernization in Section 2003 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, to read as follows:
"(d)(1) Except as otherwise provided in this subsection, the The maximum benefits payable to an individual in a benefit year shall be the lesser of 26 times the weekly benefit amount or one-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (2) In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection and without restriction with respect to an individual's benefit year, for claims filed on or after January 1, 2010, weekly unemployment

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compensation shall be payable under this subsection to any individual who is unemployed, has exhausted all rights to regular unemployment compensation under the provisions of Article 7 of this chapter, and is enrolled and making satisfactory progress, as determined by the Commissioner, in a training program approved by the department, or in a job training program authorized under the Workforce Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other training allowances for nontraining costs. Each such training program approved by the department or job training program authorized under the Workforce Investment Act of 1998 shall prepare individuals who have been separated from a declining occupation, as designated by the department from time to time, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a highdemand occupation, as designated by the department from time to time. The amount of unemployment compensation payable under this subsection to an individual for a week of unemployment shall be equal to the individual's weekly benefit amount for the individual's most recent benefit year less deductible earnings, if any. The total amount of unemployment compensation payable under this subsection to any individual shall be equal to at least 26 times the individual's weekly benefit amount for the individual's most recent benefit year. The provisions of subsection (d) of Code Section 34-8-195 shall apply to eligibility for benefits under this subsection. Except when the result would be inconsistent with other provisions of this subsection, all other provisions of Article 7 of this chapter shall apply to the administration of the provisions of this subsection."
SECTION 7. Said title is further amended by revising Code Section 34-8-121, relating to information or records to be kept private and confidential, release of authorized maintenance of records, and destruction of outdated records, to read as follows:
"34-8-121. (a) Any information or records concerning an individual or employing unit obtained by the department pursuant to the administration of this chapter or other federally funded programs for which the department has responsibility shall be private and confidential, except as otherwise provided in this article or by regulation. This article does not create a rule of evidence. Information or records may be released by the department when the release is required by the federal government in connection with, or as a condition of funding for, a program being administered by the department. The provisions of paragraphs (1) through (3) of subsection (a) of Code Section 34-8-125 shall not apply to such release.
(b)(1) Each employing unit shall keep true and accurate records containing such information as the Commissioner may prescribe. Such records shall be open to inspection and be subject to being copied by the Commissioner or an authorized representative of the Commissioner at any time and as often as may be necessary. In addition to information prescribed by the Commissioner, each employer shall keep

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records of and report to the Commissioner quarterly the street address of each establishment, branch, outlet, or office of such employer, the nature of the operation, the number of persons employed, and the wages paid at each establishment, branch, outlet, or office. (2) The Commissioner or an authorized representative of the Commissioner may require from any employing unit any sworn or unsworn reports deemed necessary for the effective administration of this chapter. Any member of the board of review, any administrative hearing officer, or any field representative may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which are deemed necessary for the effective administration of this chapter. (3) Information, statements, transcriptions of proceedings, transcriptions of recordings, electronic recordings, letters, memoranda, and other documents and reports thus obtained or obtained from any individual, claimant, employing unit, or employer pursuant to the administration of this chapter, except to the extent necessary for the proper administration and enforcement of this chapter, shall be held confidential and shall not be subject to subpoena in any civil action or proceeding, published, or open to public inspection, other than to public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity; but any claimant, employer, or a duly authorized representative, at a hearing before an administrative hearing officer or the board of review, shall be supplied with information from such records to the extent necessary for the proper presentation of his or her claim. Any person who violates any provision of this paragraph shall upon conviction be guilty of a misdemeanor. (4) Notwithstanding the provisions of Code Sections 50-6-9 and 50-6-29 relating to the powers of the state auditor to disclose private and confidential information or records obtained by the department pursuant to the administration of this chapter or other federally funded programs for which the department has responsibility, such private and confidential information or records may be disclosed by the state auditor only in accordance with all provisions of this article and the requirements of 20 C.F.R. 603 and, after notice and review, upon the written direction of the Commissioner issued in advance of such disclosure. (4)(5) On orders of the Commissioner, any records or documents received or maintained by the Commissioner under the provisions of this chapter or the rules and regulations promulgated under this chapter may be destroyed under such safeguards as will protect their confidential nature two years after the date on which such records or documents last serve any useful, legal, or administrative purpose in the administration of this chapter or in the protection of the rights of anyone."
SECTION 8. Said title is further amended by revising Code Section 34-8-21, relating to base period, as follows:

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"34-8-21. (a) Except as provided in subsection (b) of this Code section, as used in this chapter, the term 'base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law of the paying state. (b) If an individual does not have sufficient wages to qualify for benefits under the definition of base period in subsection (a) of this Code section, then his or her base period shall be calculated using the last four completed quarters immediately preceding the first day of the individual's benefit year. Such base period shall be known as the 'alternative base period.' Applicants shall receive written notice of the alternative base period. Implementation of the alternative base period shall commence on January 1, 2003. Implementation of the alternative base period under this subsection shall be under such terms and conditions as the Commissioner may prescribe by rules and regulations. All benefit payments made under this subsection shall be paid exclusively from amounts credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)."
SECTION 9. Said title is further amended by revising Code Section 34-8-197, relating to eligibility requirements for extended benefits, to read as follows:
"34-8-197. (a) Definitions. As used in this Code section, the term:
(1) 'Eligibility period' of an individual means the period consisting of the weeks in his or her benefit year which begin in an extended benefit period and, if his or her benefit year ends within such extended benefit period, any weeks thereafter which begin in such period; provided, however, that with respect to extended benefit periods established under division (a)(3)(B)(i) of this Code section pertaining to Section 2005 of Public Law 111-5 and any extension thereof that does not impose any new condition upon receipt of such federal funding, 'eligibility period' of an individual also means the period consisting of the weeks during which such individual is eligible for Emergency Unemployment Compensation provided for by the Supplemental Appropriations Act of 2008, Title IV Emergency Unemployment Compensation, Public Law 110-252, and the Unemployment Compensation Extension Act of 2008, Public Law 110-449, when such weeks begin in that extended benefit period and, if his or her eligibility for such emergency unemployment compensation ends within such extended benefit period, any weeks thereafter which begin in such period, except as otherwise limited by the provisions in division (a)(3)(B)(ii) of this Code section. (2) 'Exhaustee' means an individual who, with respect to any week of unemployment in his or her eligibility period:

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(A) Has received, prior to such week, all of the regular benefits that were available to him or her under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-service personnel under 5 U.S.C. Chapter 85, in his or her current benefit year that includes such week, provided that for the purposes of this subparagraph an individual shall be deemed to have received all of the regular benefits that were available to him or her, although, as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his or her benefit year, he or she may subsequently be determined to be entitled to added regular benefits; (B) His or her benefit year having expired prior to such week, has no or insufficient wages on the basis of which he or she could establish a new benefit year that would include such week; and
(C)(i) Has no right to unemployment benefits or allowances under the Railroad Unemployment Insurance Act and such other federal laws as are specified in regulations issued by the United States secretary of labor. (ii) Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if he or she is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under such law, he or she is considered an exhaustee. (3)(A) 'Extended benefit period' means a period which: (A)(i) Begins with the third week after a week for which there is a state 'on' indicator; and (B)(ii) Ends with either of the following weeks, whichever occurs later:
(i)(I) The third week after the first week for which there is a state 'off' indicator; or (ii)(II) The thirteenth consecutive week of such period. However, no extended benefit period may begin by reason of a state 'on' indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state. There is a state 'on' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment under the state law for the period equaled or exceeded 120 percent of the average of such rates for the corresponding 13 week period ending in each of the preceding two calendar years and equaled or exceeded 5 percent. There is a state 'off' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, either of the above provisions is not satisfied. (B)(i) With respect to weeks of unemployment beginning on or after February 1, 2009, there is a state 'on' indicator for a week if: (I) The average rate of total unemployment, seasonally adjusted, as determined by the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 6 1/2 percent; and (II) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the three-month period

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referred to in subdivision (I) of this subparagraph, equals or exceeds 110 percent of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years. (ii) This subparagraph shall apply through the week ending three weeks prior to the last week for which 100 percent federal funding is authorized and provided pursuant to either Section 2005(a) of Public Law 111-5 or any extension thereof that does not impose any new condition upon receipt of such federal funding. (C) There is a state 'off' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, none of the options specified in subparagraphs (A) and (B) of this paragraph result in an 'on' indicator. (4) 'Rate of insured unemployment,' for purposes of paragraph (3) of this subsection, means the percentage derived by dividing: (A) The average weekly number of individuals filing claims in this state, not including individuals filing claims for extended benefits or regular benefits claimed by federal civilian employees and ex-service personnel, for weeks of unemployment with respect to the most recent 13 consecutive week period, as determined by the Commissioner on the basis of the Commissioner's reports to the United States secretary of labor; by (B) The average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of such 13 week period. (5) 'Regular benefits' means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U.S.C. Chapter 85, other than extended benefits. (6) 'State law' means the unemployment insurance law of any state approved by the United States secretary of labor under Section 3304 of the Internal Revenue Code. (7) 'Suitable work' means, with respect to any individual, any work which is within such individual's capabilities, provided that, if the individual furnishes evidence satisfactory to the Commissioner that such individual's prospects for obtaining work in the customary occupation of such individual within a reasonably short period are good, the determination of whether any work is suitable work with respect to such individual shall be made in accordance with this chapter. (b) Applicability of provisions as to regular benefits to claims for and payment of extended benefits. Except when the result would be inconsistent with the other provisions of this Code section, as provided in the regulations of the Commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. To establish entitlement to extended benefits, an individual must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. The alternative computation for entitlement as required by Code Section 34-8-193 shall not apply to extended benefits.

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(c) Eligibility requirements for extended benefits. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the eligibility period of the individual only if the Commissioner finds that with respect to such week:
(1) He or she is an 'exhaustee' as defined in paragraph (2) of subsection (a) of this Code section; and (2) He or she has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; provided, however, that the total extended benefits otherwise payable to an individual who has filed an interstate claim under the interstate benefit payment plan shall not exceed two weeks whenever an extended benefit period is not in effect for such week in the state where the claim is filed; provided, further, if an individual has been disqualified in his or her most recent benefit year or on his or her extended benefit claim, only those who are required to return to work and to earn additional insured wages in employment in order to terminate this disqualification and who satisfy this requirement shall be eligible to receive extended benefits; provided, further, if the benefit year of a claimant ends within an extended benefit period, the number of weeks of extended benefits that such claimant would be entitled to in that extended benefit period, but for this subsection, shall be reduced, but not below zero, by the number of weeks for which the claimant was entitled to trade readjustment allowances during such benefit year. For purposes of this subsection, the terms 'benefit year' and 'extended benefit period' shall have the same respective meanings. (d) Weekly extended benefit amount. The weekly extended benefit amount payable to an individual for a week of total unemployment in the eligibility period of such individual shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year. (e) Total extended benefit amount. Except as provided in paragraph (1) of this section, the The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts: (1) Fifty percent of the total amount of regular benefits which were payable to him or her under this chapter in his or her applicable benefit year; (2) Thirteen times his or her weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year; or (3) Thirty-nine times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or deemed paid to him or her under this chapter with respect to the benefit year. (f) Notice as to beginning and termination of extended benefit period. Whenever an extended benefit period is to become effective in this state as a result of the state 'on' indicator or whenever an extended benefit period is to be terminated in this state as a result of the state 'off' indicator, the Commissioner shall make an appropriate announcement.

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(g) Computations. Computations required by paragraph (4) of subsection (a) of this Code section shall be made by the Commissioner in accordance with regulations prescribed by the United States secretary of labor. (h) Nonpayment of extended benefits for failure to seek or accept work. Notwithstanding other provisions of this Code section, payment of extended benefits under this Code section shall not be made to any individual for any week of unemployment in his or her eligibility period during which he or she fails:
(1) To accept any offer of suitable work or fails to apply for any suitable work to which he or she was referred by the State Employment Service; or (2) To engage actively in seeking work. For the purposes of this paragraph, an individual shall be treated as actively engaged in seeking work during any week if:
(A) The individual has engaged in a systematic and sustained effort to obtain work during such week; and (B) The individual provides tangible evidence to the satisfaction of the Commissioner that he or she has engaged in such an effort during such week. (i) Period of nonpayment for extended benefits. If any individual is ineligible for extended benefits for any week by reason of a failure described in paragraph (1) or (2) of subsection (h) of this Code section, the individual shall be ineligible to receive extended benefits for any week which begins during a period which: (1) Begins with the week following the week in which such failure occurs; and (2) Does not end until such individual has been employed during at least four weeks which begin after such failure and for which the total of the remuneration in insured wages for services in employment earned by the individual for being so employed is not less than the product of four multiplied by the individual's weekly benefit amount for his or her benefit year. (j) Exceptions to subsection (h) of this Code section. No individual shall be denied extended benefits under paragraph (1) of subsection (h) of this Code section for any week by reason of a failure to accept an offer of or apply for suitable work: (l) If the gross average weekly remuneration payable to such individual for the position does not exceed the sum of: (A) The individual's weekly benefit amount for such individual's benefit year; and (B) The amount, if any, of supplemental unemployment compensation benefits, as defined in Code Section 34-8-45, payable to such individual for such week; (2) If the position was not offered to such individual in writing and was not listed with the State Employment Service; (3) If such failure would not result in a denial of benefits under this chapter to the extent that such provisions are not inconsistent with paragraph (7) of subsection (a) of this Code section and the provisions of subsection (h) of this Code section which relate to individuals actively engaged in seeking work; or (4) If the position pays wages less than the higher of: (A) The minimum wage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or (B) The Georgia minimum wage.

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(k) Referral of claimants to suitable work. A claimant for extended benefits shall be referred to any suitable work as provided for in paragraph (7) of subsection (a) of this Code section which is not excluded by subsection (j) of this Code section. (l) Effective with respect to weeks beginning in a high-unemployment period, the total extended benefit amount payable to an eligible individual with respect to the applicable benefit year shall be the least of the following amounts:
(1) Eighty percent of the total amount of regular benefits that were payable to the individual pursuant to this chapter in the individual's applicable benefit year; (2) Twenty times the individual's weekly benefit amount that was payable to the individual pursuant to this chapter for a week of total unemployment in the applicable benefit year; or (3) Forty-six times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or deemed paid to him or her under this chapter with respect to the benefit year. (m) For purposes of subsection (l) of this Code section, 'high-unemployment period' means a period during which an extended benefit period would be in effect if subdivision (a)(3)(B)(i)(I) of this Code section were applied by substituting '8 percent' for '6 1/2 percent.' (n) Subsections (l) and (m) of this Code section shall apply through the week ending three weeks prior to the last week for which 100 percent federal funding is authorized and provided pursuant to either Section 2005(a) of Public Law 111-5 or any extension thereof that does not impose any new condition upon receipt of such federal funding."
SECTION 10. Said title is further amended by revising paragraph (5) of Code Section 34-8-85, relating to withdrawals from the Unemployment Trust Fund for expenditures under chapter, as follows:
"(5) Appropriations to Department of Labor. There is authorized to be appropriated by the General Assembly to the Department of Labor any part of or all moneys credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended, and as provided in this Code section; provided, however, that notwithstanding any other provisions of this Code section to the contrary, moneys credited with respect to federal fiscal years 1999, 2000, and 2001, and moneys credited with respect to the special transfer made under Section 903(g) of said Act, shall be used solely for the administration of the unemployment insurance program in Georgia and are not subject to appropriations by the General Assembly."
SECTION 11. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (d) of Code Section 50-17-22, relating to powers of the Georgia State Financing and Investment Commission, as follows:

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"(d) Powers. The commission shall have those powers set forth in the Constitution and the powers necessary and incidental thereto. In addition to such powers, the commission shall have power:
(1) To have a seal and alter the same at pleasure; (2) To make contracts and to execute all instruments necessary or convenient, including contracts with any and all political subdivisions, institutions, or agencies of the state and state authorities, upon such terms and for such purposes as it deems advisable; and such political subdivisions, institutions, or agencies of the state and state authorities are authorized and empowered to enter into and perform such contracts; (3) To employ such other experts, agents, and employees as may be in the commission's judgment necessary to carry on properly the business of the commission; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge the same; (4) To do and perform all things necessary or convenient to carry out the powers conferred upon the commission by this article; and (5) To make reasonable regulations or adopt the standard specifications or regulations of the Department of Transportation or the state authorities, or parts thereof, for the construction, reconstruction, building, rebuilding, renovating, surfacing, resurfacing, acquiring, leasing, maintaining, repairing, removing, installing, planning, or disposing of projects for which public debt has been authorized, or for such other purposes as deemed necessary by the commission; and
(6)(A) To apply for, arrange for, accept, and administer federal funds for capital outlay and construction related services and for authorization or payment of public debt. (B) Without limitation, the commission may:
(i) Deposit, or arrange for, federal funds to be deposited into the State of Georgia General Obligation Debt Sinking Fund or into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund, and the fiscal officer of the state shall accept such deposits; (ii) Arrange for the disbursement of federal funds directly to trustees, paying agents, or other persons for the payment of public debt; (iii) Cooperate with any public agency, authority, or officer in applying for, accepting, and administering federal funds for public purposes mutual to the commission and any other agency, authority, or officer; (iv) Apply or arrange to participate in and take all actions the commission determines appropriate to obtain the benefits of federal programs which provide tax credits, incentives, or other inducements to the state or to holders of public debt; (v) Apply or arrange to participate in federal programs which require the allocation of funds or bonding authority among geographical areas, governmental jurisdictions and entities, or other categories, and perform such allocation unless another officer, agency, or instrumentality is explicitly authorized by state law to

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perform such allocation and all officers, agencies, or instrumentalities are required to provide such assistance, cooperation, and information as the commission directs related to any federal programs; and (vi) Apply or arrange to participate in any other federal program which provides benefits consistent with state law and supportive of functions of the commission. (C) The use of federal funds as part of the authorization for the issuance of general obligation debt or the issuance of guaranteed revenue debt shall be by appropriation as provided by law. The payment of federal funds into the sinking fund to pay annual debt service requirements shall be by appropriation or by direction of the commission in the absence of appropriation. The payment of federal funds into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund as part of the common reserve shall be by appropriation or by direction of the commission in the absence of appropriation. (D) The commission may delegate to the fiscal officer of the state its authority to arrange for and accept federal funds as provided in this Code section."

SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that the Commissioner of Labor may delay the implementation of Section 9 of this Act for a period of time not to extend beyond May 25, 2009, if the Commissioner of Labor determines that it is not reasonably practicable to commence implementation of such section as of the effective date.

SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

Representative Coan of the 101st moved that the House agree to the Senate substitute to HB 581.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague
Benfield Y Benton Y Black Y Brooks

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson Y Johnson, C

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall
McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy

Y Rynders Y Scott, A
Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V

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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, D Y Collins, T
Cooper Cox

Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 159, nays 2.

Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 57. By Representatives Powell of the 29th and Rice of the 51st:

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 define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal

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Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that certain provisions are unenforceable; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for promulgation of rules; to provide exemptions from application of provisions; 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 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 40-2-1, relating to definitions, as follows:
"40-2-1. As used in this chapter, the term:
(1) 'Cancellation of vehicle registration' means the annulment or termination by formal action of the department of a person's vehicle registration because of an error or defect in the registration or because the person is no longer entitled to such registration. The cancellation of registration is without prejudice and application for a new registration may be made at any time after such cancellation. (2) 'Commissioner' means the state revenue commissioner. (3) 'Department' means the Department of Revenue. (4) 'Motor carrier' means:
(A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or (B) Any entity defined by the commissioner, commissioner of public safety, or Public Service Commission who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5, Title 46, or this chapter whether operated in interstate or intrastate commerce, or both. (5) 'Operating authority' means the registration required by 49 U.S.C. Section 13902, 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a. (6) 'Regulatory compliance inspection' means the examination of facilities, property, buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting documentation kept or required to be kept in the normal course of motor carrier business or enterprise operations. (4)(7) 'Resident' means a person who has a permanent home or abode domicile in Georgia and to which, whenever he or she is having been absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident.

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(5)(8) 'Revocation of vehicle registration' means the termination by formal action of the department of a vehicle registration, which registration shall not be subject to renewal or restoration reinstatement, except that an application for a new registration may be presented and acted upon by the department after the expiration of the applicable period of time prescribed by law. (6)(9) 'Suspension of vehicle registration' means the temporary withdrawal by formal action of the department of a vehicle registration, which temporary withdrawal shall be for a period specifically designated by the department."
SECTION 2. Said title is further amended by inserting a new article to read as follows:
"ARTICLE 6A
40-2-140. (a) The Department of Revenue shall be the state agency responsible for the administration of the federal Unified Carrier Registration Act of 2005, which includes participating in the development, implementation, and administration of the Unified Carrier Registration Agreement. (b) Every foreign or domestic motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in interstate commerce in this state shall register with the commissioner or a base state and pay all fees as required by the federal Unified Carrier Registration Act of 2005.
(c)(1) Any motor carrier, leasing company leasing to a motor carrier, broker, or freight forwarder that engages in intrastate commerce and operates a motor vehicle on or over any public highway of this state shall register with the commissioner and pay a fee determined by the commissioner. (2) No motor carrier shall be issued a registration unless there is filed with the commissioner or the Federal Motor Carrier Safety Administration or any successor agency a certificate of insurance for such applicant or holder, on forms prescribed by the commissioner, evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state. Such policy shall provide for the protection of passengers in passenger vehicles and the protection of the public against the negligence of such motor carrier, and its servants or agents, when it is determined to be the proximate cause of any injury. The commissioner shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. Failure to file any form required by the commissioner shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer. The insurer may file its certificate of insurance electronically with the commissioner. (3) The commissioner shall have the power to permit self-insurance in lieu of a policy of indemnity insurance whenever in his or her opinion the financial ability of the motor carrier so warrants.

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(4) Any person having a cause of action, whether arising in tort or contract, under this Code section may join in the same cause of action the motor carrier and its insurance carrier. (d) Before any motor carrier engaged in exempt passenger intrastate commerce shall operate any motor vehicle on or over any public highway of this state, the motor carrier shall register with the commissioner and pay a fee determined by the commissioner. (e) In addition to any requirements under the federal Unified Carrier Registration Act of 2005, motor carriers required to have operating authority shall fulfill all applicable requirements for obtaining operating authority prior to any operation of a motor vehicle to which such requirements apply. (f) The commissioner shall collect the fees imposed by this Code section and may establish rules and regulations and prescribe such forms as are necessary to administer this Code section and the federal Unified Carrier Registration Act of 2005. Notwithstanding the provisions of Code Sections 40-2-131 and 48-2-17, the commissioner shall retain and utilize such fees for motor carrier safety programs and enforcement and administration of this article. (g) The commissioner of public safety, and persons he or she designates pursuant to Chapter 2 of Title 35, shall have the authority to perform regulatory compliance inspections under the provisions of Article 5 of Chapter 2 of Title 35 for purposes of determining compliance with laws and regulations, the enforcement and administration of which is the responsibility of the Department of Public Safety. (h) Every officer, agent, or employee of any corporation and every person who fails to comply with this article and any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. Misdemeanor violations of this article may be prosecuted, handled, and disposed of in the manner provided for in Chapter 13 of this title."
SECTION 3. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-7-12.1, relating to motor carriers' requirements as to obtaining indemnity insurance or self-insurance before issuance of permit, in its entirety as follows:
"46-7-12.1. (a) As used in this Code section, the term:
(1) 'Motor carrier transportation contract' means a contract, agreement, or understanding covering:
(A) The transportation of property for compensation or hire by the motor carrier; (B) Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or (C) A service incidental to activity described in subparagraph (A) or (B) of this paragraph, including, but not limited to, storage of property.

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Motor carrier transportation contract shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Associaton of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment. (2) 'Promisee' means the promisee and any agents, employees, servants, or independent contractors who are directly responsible to the promisee except for motor carriers party to a motor carrier transportation contract with a promisee and such motor carrier's agents, employees, servants, or independent contractors directly responsible to such motor carrier. (b) Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable."
SECTION 4. Said title is further amended by repealing and reserving Code Section 46-7-15, relating to registration and licensing of motor carriers and cities and counties barred from levying taxes on carriers.
SECTION 5. Said title is further amended by repealing Code Section 46-7-15.1, relating to motor carrier of property permits, in its entirety.
SECTION 6. Said title is further amended by repealing and reserving Code Section 46-7-16, relating to registration and insurance for motor carriers engaged solely in interstate commerce; emergency, temporary, or trip-lease vehicle registration permits; late registration and identification; reciprocal agreements; and certificate not required.
SECTION 7. Said title is further amended by revising Code Section 46-7-26, relating to the authority
of the commissioner to promulgate rules and regulations for safety, as follows: "46-726. (a) The commissioner of public safety shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner of public safety shall include the following:
(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner of public safety shall from time to time promulgate;

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(2) Every driver employed to operate a motor vehicle for a motor carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commissioner of transportation in such detail and in such manner as the commissioner of transportation may require; and (4) The commissioner of public safety shall require every motor common, contract, exempt, and contract carrier private carrier's vehicles to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commissioner of public safety. Such identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005. (b) Regulations governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials may be adopted by administrative order, including, but not limited to, referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50, provided that such compatible federal regulations or standards shall be maintained on file by the Department of Public Safety and made available for inspection and copying by the public, by means including, but not limited to, posting on the department's computer Internet site. The commissioner of public safety may comply with the filing requirements of Chapter 13 of Title 50 by filing with the office of the Secretary of State merely the name and designation of such rules, regulations, standards, and orders. The courts shall take judicial notice of rules, regulations, standards, or orders so adopted or published. (c) The commissioner of public safety may, pursuant to rule or regulation, specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005."
SECTION 8. Said title is further amended by revising Code Section 46-7-37, relating to private carriers excepted from application of article; safety rules authorized; and certificates or permits not required, as follows:
"46-7-37. (a) Except as otherwise provided in subsection (b) of this Code section, this article shall not apply to private carriers engaged exclusively in the transportation of goods belonging to the individual, firm, partnership, corporation, or association owning, controlling, operating, or managing the motor vehicle in private transportation over any public highway in this state. (b) The commission shall have the authority to promulgate rules designed to promote safety of private carriers. Every motor vehicle of a private carrier and all parts thereof

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shall be maintained in a safe condition at all times; and the carrier's equipment shall meet such safety requirements as the commission shall from time to time promulgate. Private carriers shall be subject to the requirements of Code Sections 46-7-26 and 46-727, as well as the jurisdiction of the commissioner of public safety, pursuant to Article 5 of Chapter 2 of Title 35. (c) Private carriers are not required to hold certificates or permits issued by the commission."
SECTION 9. Said title is further amended by revising Code Section 46-7-39, relating to the penalty for failure to comply with Chapter 7 of such title, as follows:
"46-7-39. (a) Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this chapter relating to the regulation of motor carriers, or any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department of Revenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. (b) No person shall drive or operate, or cause the operation of, a motor vehicle in violation of an out-of-service order. As used in this subsection, the term 'out-of-service order' means a temporary prohibition against operating as a carrier or driving or moving a motor vehicle, freight container or any cargo thereon, or any package containing a hazardous material. (c) Misdemeanor violations of this chapter may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of Title 40."
SECTION 10. (a) Section 3 of this Act shall become effective on July 1, 2009, and shall apply to contracts entered into on or after such date. (b) Sections 4 and 5 of this Act shall become effective October 1, 2009, for the purpose of adopting rules and regulations to implement the federal Unified Carrier Registration Act of 2005. (c) The remaining sections of 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 following amendment was read and adopted:
Representative Powell of the 29th moves to amend the Senate substitute to HB 57(HB 57/SCSFA/1) by inserting after "reserving" on line 142 the following:
subsections (a) through (d) of

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Representative Powell of the 29th moved that the House agree to the Senate substitute, as amended by the House, to HB 57.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B E Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 167, nays 1.

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 371. By Representative Ehrhart of the 36th:
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 for an increase in

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allowable retirement system fund investment in equities to 75 percent; to change the definition of the term "large retirement system" for purposes of enhanced investment authority; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
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 change the investment authority of large retirement systems; to provide that public retirement systems having assets in excess of $200 million shall be a large retirement system; to provide investment options; 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 20 of Title 47 of the Official Code of Georgia Annotated, relating to the "Public Retirement Systems Investment Authority Law," is amended by revising Code Section 47-20-84, relating to large retirement systems, as follows:
"47-20-84. (a) As used in this Code section, the term 'large retirement system' means:
(1) Any retirement system created by this title which has an accumulated unfunded actuarial accrued liability not greater than 25 percent of the total of its assets; (2) The Georgia Municipal Employees Benefit System created by Chapter 5 of this title; (3) Any association of like political subdivisions which, on, before, or after July 1, 1999, contracts with its members for the pooling of assets; and (4) Any public retirement system other than a retirement system defined in paragraphs (1), (2), and (3) of this subsection which meets the following criteria:
(A) The retirement system assets are in excess of $50 million; has: (i) An accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets; or (ii) Assets in excess of $50 million and an accumulated unfunded actuarial liability not greater than 30 percent of the total of its assets;
(B) The retirement system provides a defined benefit plan; (C) The retirement system investments are managed by one or more independent professional investment managers recognized by the National Association of Securities Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Investment Management and Research; and

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(D) The retirement system investments are limited to those equities of investment grade quality or better, provided that leverage techniques, option techniques, futures, commodities, private placements, and direct participation plans may not be used in making equity investments; and (E) Has an accumulated unfunded actuarial liability not greater than 25 percent of the total of its assets (5) Any public retirement system which has more than $200 million in assets. (b) A large retirement system may not invest more than 15 percent of the retirement system assets in corporations or in obligations of corporations organized in a country other than the United States or Canada subject to the provisions of paragraph (1) of subsection (a) of Code Section 47-20-83. (c) A fund shall not invest more than 55 percent of retirement system assets in equities; provided, however, that prior to July 1, 2010, a large retirement system shall invest not more than 60 65 percent of its assets in equities; on and after July 1, 2010, a large retirement system shall invest not more than 70 percent of its assets in equities; and on and after July 1, 2011, a large retirement system shall invest not more than 75 percent of its assets in equities; provided, further, that no fund shall increase its assets in equities through purchase by more than 20 percent in any fiscal year. Any fund which is not in compliance with the limitations imposed by this subsection shall be granted a two-year period to come into compliance; provided, however, that during such two-year period, the fund shall not increase the percentage of its assets invested in equities. (d) In the event the value of a fund's assets decreases so as to render such fund ineligible to invest in foreign equities as provided in subsection (b) of this Code section and to invest in excess of 55 percent of its assets in total equities as provided in subsection (c) of this Code section, such fund shall have 12 months from the date of such event to come into compliance with the investment authority provided by this article; provided, however, that during such period such fund shall not increase its holdings in foreign equities and shall not increase its total holdings in equities. (e)(d) Subject to all other limitations in this chapter, a large retirement system may invest in securities issued by a unit investment trust or an open-end company: (1) That is listed on a securities exchange; (2) The assets of which consist of securities managed so that the fund replicates a listed index or specific market sector; (3) In which continuous markets are quoted by market makers in the applicable unit investment trust or open-end company; and (4) That has the capability of creating or redeeming shares as necessary to reflect demand. (f)(e) A large retirement system may enter into contracts, agreements, and other instruments designed to manage risk exposure."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Ehrhart of the 36th moved that the House agree to the Senate substitute to HB 371.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B E Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 164, nays 0.

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Parham Y Parrish Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Scott, A
Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

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.

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HB 147. By Representatives Talton of the 145th, O`Neal of the 146th, Randall of the 138th, Lucas of the 139th and Everson of the 106th:
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 certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

Amend HB 147 by inserting "to add a provision relating to conditions not warranting forfeiture of bond for failure to appear;" on line 5 after "circumstances;"

By inserting between lines 35 and 36 the following:

SECTION 2A. Said chapter is further amended by revising Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear, by adding a new subsection to read as follows: "(c.1) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was deported by federal authorities. An official written notice of such deportation from a federal official shall be considered proof of the principal's deportation."

Representative Talton of the 145th moved that the House agree to the Senate amendment to HB 147.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar
Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson Y Johnson, C Y Johnson, T

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre

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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, D
Collins, T Y Cooper Y Cox

E Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 163, nays 0.

Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston
Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 304. By Representatives Porter of the 143rd, Epps of the 140th, Franklin of the 43rd and Scott of the 2nd:

A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to change certain provisions regarding appraisers and assessors going upon property in the performance of their duties; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to the state-wide homestead exemption for disabled veterans, so as to extend the exemption; to amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to change certain provisions regarding appraisers and assessors going upon property in the performance of their duties; to provide for additional duties of the county tax commissioners; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 48-5-48 of the Official Code of Georgia Annotated, relating to the statewide homestead exemption for disabled veterans, is amended by adding the following:
"(b.1) The unremarried surviving spouse or minor children of any disabled veteran shall also be entitled to an exemption of the greater of $32,500.00 or the maximum amount on a homestead, or any subsequent homestead within the same county, where such spouse or minor children continue to occupy the home as a homestead, such exemption being from ad valorem taxation for state, county, municipal, and school purposes."
SECTION 2. Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, is amended by revising Code Section 48-5-264.1, relating to the right of appraisers and assessors to go upon property, as follows:
"48-5-264.1. (a) The chief appraiser, other members of the county property appraisal staff, authorized agents of the county board of tax assessors, and members of the county board of tax assessors who are conducting official business of the chief appraiser, the county appraisal staff, or the county board of tax assessors may go upon property outside of buildings, posted or otherwise, in order to carry out the duty of making appraisals of the fair market value of taxable property in the county, other than property returned directly to the commissioner; provided, however, the such person representing the such chief appraiser, appraisal staff, or county board of tax assessors shall carry identification which is sufficiently prominent to permit the occupant to readily ascertain he that such person is such representative. and if practicable shall first advise Such representative shall not enter upon the property unless reasonable notice has been provided to the owner and to the occupant of his the property regarding the purpose for which such person is entering upon such property. (b) The county tax commissioner shall include a statement with the ad valorem tax bill of each taxpayer notifying the taxpayer of the right to file an ad valorem property tax return. A notification of the right of taxpayers to file ad valorem property tax returns shall also be maintained by the tax commissioner on the official website of the 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.
Representative Porter of the 143rd moved that the House agree to the Senate substitute to HB 304.

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On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner
Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 160, nays 1.

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall
Reece Y Reese Y Rice Y Roberts
Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C
Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 304 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

FRIDAY, APRIL 3, 2009

5161

It would have been a violation of my oath of office to have voted to pass this version of HB 304.
/s/ Bobby Franklin Representative, District 43
HB 344. By Representatives Davis of the 109th, Barnard of the 166th, Jerguson of the 22nd and Horne of the 71st:
A BILL to be entitled an Act to amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize the Department of Corrections to establish and collect additional fees for services rendered to a felony defendant sentenced to a day reporting center; 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 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, so as to authorize a sentencing court to impose an additional charge on a felony defendant sentenced to a day reporting center; 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 42-8-34 of the Official Code of Georgia Annotated, relating to probation hearings and determinations, referral of cases to probation supervisors, probation or suspension of a sentence, payment of a fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal of probation supervision, and probation fees, is amended by revising subsection (d) to read as follows:
"(d)(1) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the

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department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and in addition, a one-time fee of $50.00 where such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund. Any fees collected by the court under this paragraph shall be remitted not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks' Cooperative Authority for deposit into the general fund of the state treasury. (2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, recorder's, mayor's, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks' Cooperative Authority for deposit into the general fund of the state treasury. (3) In addition to any fine, fee, restitution, or other amount ordered, the sentencing court may also impose as a condition of probation for felony criminal defendants sentenced to a day reporting center an additional charge, not to exceed $10.00 per day for each day such defendant is required to report to a day reporting center; provided, however, that no fee shall be imposed or collected if the defendant is unemployed or has been found indigent by the sentencing court. The charges required by this paragraph shall be paid by the probationer directly to the department. Funds collected by the department pursuant to this subsection shall only be used by the department in the maintenance and operation of the day reporting center program."
SECTION 2. This Act shall become effective on July 1, 2009, and shall apply to persons convicted on or after such date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, APRIL 3, 2009

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Representative Davis of the 109th moved that the House agree to the Senate substitute to HB 344.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper
Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler N Day Y Dempsey Y Dickson N Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson E Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt
Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 158, nays 7.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons
Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix
Yates Richardson, Speaker

The motion prevailed.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

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The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 163. By Senators Balfour of the 9th, Harbison of the 15th, Thomas of the 54th and Orrock of the 36th:
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 authorize the commissioner of human resources to appoint a diabetes coordinator; to provide for the department to serve as the central repository of diabetes treatment and prevention data; 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 528. By Representatives McCall of the 30th and England of the 108th:
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 require developers to provide audits to homeowners in certain circumstances; 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 336. By Representatives Everson of the 106th, Cox of the 102nd, Collins of the 95th, Casas of the 103rd and Mitchell of the 88th:
A RESOLUTION honoring the life and sacrifice of Corporal Jonathan Ryan Ayers and dedicating an interchange in his memory; and for other purposes.
The Speaker announced the House in recess until 2:00 o'clock, this afternoon.

FRIDAY, APRIL 3, 2009

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The Speaker called the House to order.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 56. By Representatives Willard of the 49th, Geisinger of the 48th, Powell of the 171st and Thompson of the 104th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 240. By Senators Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Staton of the 18th and Johnson of the 1st:
A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for the comprehensive revision of the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Resolutions of the House were read and adopted:
HR 955. By Representatives Harbin of the 118th, Richardson of the 19th, Neal of the 1st, Cooper of the 41st, Levitas of the 82nd and others:
A RESOLUTION remembering and honoring the life of Herbert Lynn Cranfield; and for other purposes.

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HR 956. 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 recognizing and commending Mrs. Monica Brown Medlin; and for other purposes.
HR 957. By Representative Reece of the 11th:
A RESOLUTION recognizing and commending Chief Jimmy Anderson for his heroic acts of valor; and for other purposes.
HR 958. By Representative Reece of the 11th:
A RESOLUTION recognizing and commending Fire Chief David Luther, outstanding public servant, on the momentous occasion of his retirement; and for other purposes.
HR 959. By Representative Reece of the 11th:
A RESOLUTION recognizing and commending Assistant Fire Chief Ricky Jones for his heroic acts of valor; and for other purposes.
HR 960. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:
A RESOLUTION recognizing and commending John Hall, member of the State Championship Berry College Forensics Team; and for other purposes.
HR 961. By Representatives Reece of the 11th, Crawford of the 16th, Yates of the 73rd, Dempsey of the 13th and Loudermilk of the 14th:
A RESOLUTION honoring the life and memory of Mr. Harold Edwin Caldwell; and for other purposes.
HR 962. By Representatives Reece of the 11th, Crawford of the 16th, Yates of the 73rd, Dempsey of the 13th and Loudermilk of the 14th:
A RESOLUTION honoring the life and memory of Master Sergeant Joe Ed Scruggs; and for other purposes.
HR 963. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:

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A RESOLUTION commending Dr. Randy Richardson, advisor to the Berry College Forensics Team, and congratulating the Berry College Forensics Team on its state competition championship; and for other purposes.
HR 964. By Representatives Neal of the 1st and Weldon of the 3rd:
A RESOLUTION commending the Lakeview Ft. Oglethorpe High School Academic Decathlon Team; and for other purposes.
HR 965. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:
A RESOLUTION recognizing and commending Steven Walker, member of the State Championship Berry College Forensics Team; and for other purposes.
HR 966. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:
A RESOLUTION recognizing and commending Thomas Youngerberg, member of the State Championship Berry College Forensics Team; and for other purposes.
HR 967. By Representatives Reece of the 11th, Dempsey of the 13th, Crawford of the 16th and Loudermilk of the 14th:
A RESOLUTION recognizing and commending Joshua Roye, member of the State Championship Berry College Forensics Team; and for other purposes.
HR 968. By Representatives Jordan of the 77th, Abdul-Salaam of the 74th, Brooks of the 63rd, Lucas of the 139th, Sinkfield of the 60th and others:
A RESOLUTION recognizing and commending the D.L. Gorham Club; and for other purposes
HR 969. By Representatives Ashe of the 56th, Oliver of the 83rd, Dobbs of the 53rd, Drenner of the 86th, Wilkinson of the 52nd and others:
A RESOLUTION recognizing and commending Atlanta Pet Rescue; and for other purposes.

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HR 970. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Christian David Maiocco; and for other purposes.
HR 971. By Representative Dollar of the 45th:
A RESOLUTION recognizing and commending Dr. Charlotte Stowers; and for other purposes.
HR 972. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Mr. Keith Ariail; and for other purposes.
HR 973. By Representative Scott of the 2nd:
A RESOLUTION recognizing and commending the Rossville Downtown Development Authority; and for other purposes.
HR 974. By Representative Benton of the 31st:
A RESOLUTION recognizing and commending Mr. Wayne Edward Abbs; and for other purposes.
HR 975. By Representatives Brooks of the 63rd, Mangham of the 94th and Heard of the 114th:
A RESOLUTION recognizing the Africa World Museum and Center and the Bridging the Gap and Building the Bridge Conference; and for other purposes.
HR 976. By Representatives Manning of the 32nd and Talton of the 145th:
A RESOLUTION recognizing and commending Mr. Stanley S. Jones, Jr., on the occasion of his 60th birthday; and for other purposes.
HR 977. By Representatives Hill of the 180th, Coleman of the 97th, Keen of the 179th and Lane of the 167th:
A RESOLUTION recognizing and commending Mr. Dan Harrison; and for other purposes.

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HR 978. By Representatives Dempsey of the 13th, Loudermilk of the 14th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION commending Juliana Rose Davis, Armuchee High School's 2009 STAR Student; and for other purposes.
HR 979. By Representatives Dempsey of the 13th, Loudermilk of the 14th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION recognizing and commending Sam Hopkins; and for other purposes.
HR 980. By Representatives Dempsey of the 13th, Loudermilk of the 14th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION commending Cathy Studdard, Armuchee High School's 2009 STAR Teacher; and for other purposes.
HR 981. By Representatives Dempsey of the 13th, Loudermilk of the 14th, Reece of the 11th and Crawford of the 16th:
A RESOLUTION recognizing and commending Ms. Jennifer Greer; and for other purposes.
HR 982. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Sinkfield of the 60th, Glanton of the 76th, Heckstall of the 62nd and others:
A RESOLUTION recognizing and commending Dr. Gloria Duncan; and for other purposes.
HR 983. By Representative Scott of the 2nd:
A RESOLUTION recognizing and commending Praters Inc.; and for other purposes.
HR 984. By Representative Scott of the 2nd:
A RESOLUTION expressing regret at the passing of Mr. Jerald Douglas "Wedge" Morrison; and for other purposes.
HR 985. By Representatives Scott of the 2nd and Neal of the 1st:
A RESOLUTION commending Joshua Garcia, Ridgeland High School's 2009 STAR Student, and Michael Jenkins, Ridgeland High School's 2009 STAR Teacher; and for other purposes.

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HR 986. By Representatives Scott of the 2nd and Neal of the 1st:
A RESOLUTION commending and recognizing Firefighter Wayne Henderson; and for other purposes.
HR 987. By Representatives Scott of the 2nd and Neal of the 1st:
A RESOLUTION commending Gage Daugherty, LaFayette High School's 2009 STAR Student, and Joel Warren, LaFayette High School's 2009 STAR Teacher; and for other purposes.
HR 988. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION congratulating the LaFayette High School wrestlers on winning state championships; and for other purposes.
HR 989. By Representatives Scott of the 2nd and Neal of the 1st:
A RESOLUTION congratulating the Ridgeland High School football team on winning its first Region 6-AAA Championship; and for other purposes.
HR 990. By Representatives Neal of the 1st and Scott of the 2nd:
A RESOLUTION commending Nancy Thanki, Gordon Lee High School's 2009 STAR Student, and Heather Soloman, Gordon Lee High School's 2009 STAR Teacher; and for other purposes.
HR 991. By Representative Parrish of the 156th:
A RESOLUTION recognizing and commending Mrs. Anne Hostilo on the occasion of her retirement; and for other purposes.
HR 992. By Representative Greene of the 149th:
A RESOLUTION recognizing and commending Mrs. Audrey Murphy Lee; and for other purposes.
HR 993. By Representative Hill of the 21st:
A RESOLUTION recognizing and commending Mrs. Margy McCown for her outstanding contributions to education; and for other purposes.

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HR 994. By Representative Hill of the 21st:
A RESOLUTION expressing regret at the passing of the Honorable Wendell T. Anderson; and for other purposes.
HR 995. By Representatives Neal of the 1st and Weldon of the 3rd:
A RESOLUTION commending Matthew W. Thomson, Ringgold High School's 2009 STAR Student, and Allen Strong, Ringgold High School's 2009 STAR Teacher; and for other purposes.
HR 996. By Representatives Neal of the 1st and Weldon of the 3rd:
A RESOLUTION commending Alex Lockwood, Heritage High School's 2009 STAR Student, and Billy Carlock, Heritage High School's 2009 STAR Teacher; and for other purposes.
HR 997. By Representatives Neal of the 1st and Weldon of the 3rd:
A RESOLUTION commending Alex Miller, Lakeview Fort-Oglethorpe High School's 2009 STAR Student, and Rich Stickler, Lakeview Fort-Oglethorpe High School's 2009 STAR Teacher; and for other purposes.
HR 998. By Representatives Neal of the 1st and Weldon of the 3rd:
A RESOLUTION recognizing and commending Mr. Mike and Mrs. Leila Fuller; and for other purposes.
HR 999. By Representatives Horne of the 71st and Smith of the 70th:
A RESOLUTION recognizing and commending the 2nd Bravo 121st Battalion of the 48th Brigade of the Georgia Army National Guard; and for other purposes.
HR 1000. By Representatives Maxwell of the 17th and Richardson of the 19th:
A RESOLUTION commending Mrs. Minnie Lee Rainwater Maxwell on the occasion of her 80th birthday; and for other purposes.
The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the Senate action thereon:

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HB 101. By Representatives Hamilton of the 23rd, Smith of the 129th, Everson of the 106th, Graves of the 12th, Glanton of the 76th and others:
A BILL to be entitled an Act to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the erection, placement, or maintenance of unlawful or unauthorized structures, so as to limit certain prohibitions upon advertising in or on transit agencies' vehicles and facilities; 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 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for regulation of certain facilities above and below the roadways; to authorize procedures relative to asbestos pipe; to limit certain prohibitions upon advertising in or on transit agencies' vehicles and facilities; 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 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding a new Code section to read as follows:
"32-4-4. (a) As used in this Code section, the term 'entity' means a county, a municipality, a consolidated government, or a local authority. (b) Whenever existing utility facilities owned and operated by an entity contain asbestos pipe and such pipe exists in the rights of way of any road, bridge, or other transportation project authorized pursuant to this title, and the entity determines that such pipe should no longer be utilized, the entity that owns and operates the utility facility shall have the discretion to:
(1) Remove and dispose of the asbestos pipe in accordance with federal laws and regulations; (2) Leave the asbestos pipe in place and fill it with grout or other similar substance designed to harden within the pipe; or (3) Allow the pipe to remain undisturbed in the ground and take no further action. (c) At the request of the department or entity, any asbestos pipe left in the right of way as authorized by subsection (b) of this Code section shall be marked so as to be locatable.

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(d) Any costs, claims, or other liability associated with the entity's decision pursuant to subsection (b) of this Code section shall be borne by the entity and may be subject to offset by the department."

SECTION 2. Said title is further amended by revising Code Section 32-6-51, relating to the erection, placement, or maintenance of unlawful or unauthorized structures, by adding a new subsection to read as follows:
"(g)(1) As used in this subsection, the term: (A) 'Commercial advertisements' means any printed or painted signs or multiple message signs on or in transit vehicles or facilities for which space has been rented or leased from the owner of such transit vehicles or facilities. (B) 'Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state including, but not limited to, the Department of Transportation, the Georgia Regional Transportation Authority, and the Georgia Rail Passenger Authority. (C) 'Transit vehicles or facilities' means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services.
(2) A transit agency may authorize the placement, erection, and maintenance of commercial advertisements on or in transit vehicles or facilities owned or operated by that transit agency and said placement of commercial advertisements shall not be considered conducting commercial enterprises or activities in violation of Code Section 32-6-115."

SECTION 3. This Act shall become effective on July 1, 2009.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Hamilton of the 23rd moved that the House agree to the Senate substitute to HB 101.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne
Houston Y Howard

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows

Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B

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Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Y Cole
Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 149, nays 1.

Y Millar Mills
Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece
Reese Y Rice Y Roberts Y Rogers

Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Yates Richardson, Speaker

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 101 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 101.

/s/ Bobby Franklin Representative, District 43

HB 438. By Representatives O`Neal of the 146th and Stephens of the 164th:

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,

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computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects; to provide for procedures, conditions, and limitations; 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, computation, and exemptions regarding income tax, so as to provide for the comprehensive revision of the income tax credits for qualified jobs, investment, investment property, and projects; to provide for procedures, conditions, and limitations; 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, computation, and exemptions regarding income tax is amended by revising Code Section 48-7-40.24, relating to income tax credits for qualified jobs, investment, investment property, and projects, to read as follows:
"48-7-40.24. (a) As used in this Code section, the term:
(1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization which is registered and authorized to use the federal employment verification system known as 'E-Verify' or any successor federal employment verification system and is engaged in or carrying on any business activities within this state, except that such term shall not include retail businesses. (2) 'Eligible full-time employee' means an individual holding a full-time employee job created by a qualified project who:
(A) Possesses a valid Georgia driver's license or identification card issued by the Georgia Department of Driver Services; or (B) Submits a notarized affidavit swearing to be a United States citizen or lawfully present alien authorized to work in the United States. (3) 'Force majeure' means any: (A) Explosions, implosions, fires, conflagrations, accidents, or contamination;

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(B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site or sites of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (4) 'Full-time employee job' and 'full-time job' means employment of an individual which: (A) Is located in this state at the site or sites of a qualified project or the manufacturing facility or facilities 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. For purposes of this paragraph, leased employees will be considered employees of the company using their services and such persons may be counted in determining the company's job tax credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individual's employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (5) 'Investment requirement' means the requirement that by the close of the sixth taxable year following the withholding start-date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (6) 'Job creation requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start-date start date, the business enterprise will have a minimum of 1,800 eligible full-time employees. (7)(6) 'Job maintenance requirement' means the requirement that, with respect to each year in the recapture period, the monthly average number of eligible full-time

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employees employed by the business enterprise, determined as prescribed by subsection (l) of this Code section, must equal or exceed 1,800. (7) 'Payroll maintenance requirement' means the requirement that, with respect to each year in the recapture period, the total annual Georgia W-2 reported payroll with respect to a qualified project must equal or exceed $150 million. (8) 'Payroll requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start date, the business enterprise will have a minimum of $150 million in total annual Georgia W-2 reported payroll with respect to a qualified project. (8)(9) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment any personal property to be used in the manufacturing facility or facilities. (10) 'Qualified investment property requirement' means the requirement that by the close of the sixth taxable year following the withholding start date a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (9)(11) 'Qualified project' means a project which meets the job creation requirement and either the payroll requirement or qualified investment property requirement. If the taxpayer selects the qualified investment property requirement as one of the conditions for its project, the property shall involve the construction of one or more new facilities the construction of a new manufacturing facility in this state or the expansion of an one or more existing manufacturing facility facilities in this state. For purposes of this paragraph, the term 'manufacturing facility facilities' means all facilities comprising a single facility, including contiguous project, including noncontiguous parcels of land, improvements to such land, buildings, building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices, that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility personal property that is used in the facility or facilities. (10)(12) 'Recapture period' means the period of five consecutive taxable years that commences after the first taxable year in which a business enterprise has satisfied both the investment requirement and the job creation requirement and either the payroll requirement or the qualified investment property requirement, as selected by the taxpayer.

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(11)(13) 'Withholding start-date start date' means the date on which the business enterprise begins to withhold Georgia income tax from the wages of its employees located at the site or sites of a qualified project. (b) A business enterprise that is planning a qualified project shall be allowed to take the job tax credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence and the expected withholding start-date start date; (B) Certifies that such project will meet the investment job creation requirement and the job creation either the payroll requirement or the qualified investment property requirement prescribed by this Code section; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement and, if applicable, the payroll maintenance requirement prescribed by this Code section; (2) Following the commissioner's referral of the application to a panel composed of the commissioner of community affairs, the commissioner of economic development, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new or expanded facility or expansion facilities will have a significant beneficial economic effect on the region for which it is they are planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayer's application and any necessary supporting documentation. Although the panel's certification may be based upon other criteria, a project that meets the minimum employment and job creation requirement and either the payroll requirement or qualified investment requirements property requirement, as applicable, specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met: (A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior year's Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayer's Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new or expanded manufacturing facility or facilities which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition

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thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a tax credit for taxes imposed under this article equal to $5,250.00 annually per new eligible fulltime employee job for five years beginning with the year in which such job is created through year five after such creation; 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. 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. For any one taxable year the amounts taken as a credit against taxes imposed under this article and against the business enterprise's quarterly or monthly payments under Code Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time employee job. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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. 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. (e) 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 or as 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 by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period for the prior taxable year. (f) 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.

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(g) 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 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. (h) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for ten years from the close of the taxable year in which the qualified job was established. (i) Except as provided in subsection (g) of this Code section, a taxpayer who is entitled to and takes credits provided by this Code section with respect to for a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 487-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.11, 48-7-40.15, 48-7-40.17, or 48-7-40.18 with respect to for jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Provided such taxpayer otherwise qualifies, such Such taxpayer may take any credit authorized by Code Section 48-740.5 for the costs of retraining an employee located at the site or sites of such project or the manufacturing facility or facilities resulting therefrom, but only with respect to for costs incurred more than five years after the date the manufacturing facility or facilities first becomes become operational. (j) Except under those circumstances described in subsection (k) of this Code section, the taxpayer shall, not more than 60 days after the close of the sixth taxable year following its withholding start-date start date, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to determine whether the taxpayer has met both the job creation requirement and either the payroll requirement or the qualified investment property requirement, as selected by the taxpayer, for and job creation requirement with respect to such project. If the taxpayer has failed to meet either such any applicable job creation, payroll, or qualified investment property requirement, the taxpayer will forfeit the right to claim any credits provided by this Code section for such project. A taxpayer that forfeits the right to claim such credits is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification from the commissioner that either the investment requirement or the job creation any applicable job creation, payroll, or qualified investment property requirement was not met, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall

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pay any additional amounts shown on such returns, with interest as provided herein. On such amended returns the taxpayer may claim any credit to which it would have been entitled under this article but for having taken the credit provided by this Code section. (k) If the recapture period applicable to a qualified project begins with or before the sixth taxable year following the taxpayer's withholding start-date start date, the taxpayer shall, not later than 60 days after the close of the taxable year immediately preceding the recapture period, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to verify that the taxpayer met both the job creation requirement and either the payroll requirement or the qualified investment property requirement and job creation requirement in such preceding year. (l) Not more than 60 days after the close of each taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement and, if applicable, the payroll maintenance requirement for such year. For purposes of this subsection, whether such job maintenance requirement has been satisfied shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with 1,800. For purposes of this subsection, whether such payroll maintenance requirement has been satisfied shall be determined by comparing the total annual Georgia W-2 reported payroll with respect to a qualified project for the taxable year with $150 million. If the taxpayer has failed to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, the taxpayer will forfeit the right to 20 percent of all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for 20 percent of all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (m) A taxpayer who fails to meet the job maintenance requirement or payroll maintenance requirement, or both, for any taxable year within the recapture period because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (l) of this Code section. If the commissioner determines that force majeure materially affected the taxpayer's ability to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, but that the

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portion of the year so affected was six months or less, for purposes of the job maintenance requirement the commissioner shall calculate the taxpayer's monthly average number of eligible full-time employees for purposes of subsection (l) of this Code section by disregarding the affected months and for purposes of the payroll maintenance requirement the commissioner shall annualize the total Georgia W-2 reported payroll with respect to a qualified project for the portion of the year not so affected. If the commissioner determines that the affected portion of the year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement or payroll maintenance requirement, or both, and the recapture period applicable to the qualified project shall be extended for an additional year. (n) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsection (j) or (l) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsection (j) or (l) of this Code Section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (o) Projects certified by the panel pursuant to paragraph (2) of subsection (b) of this Code section before January 1, 2009, shall be governed by this Code section as it was in effect for the taxable year the project was certified. (p) 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, 2009.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative O`Neal of the 146th moved that the House agree to the Senate substitute to HB 438.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey

N Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt

Y Manning Y Marin Y Martin Y Maxwell Y May N Mayo

Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw

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Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce Bryant 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, D N Collins, T Y Cooper Y Cox

Y Dickson Y Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves N Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Horne Y Houston Y Howard Y Hudson N Hugley Y Jackson Y Jacobs N James Y Jerguson N Johnson, C Y Johnson, T
Jones, J Jones, S Jordan Y Kaiser Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 127, nays 30.

Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby N Murphy Y Neal Y Nix
Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall
Reece Y Reese Y Rice Y Roberts Y Rogers

Sheldon N Shipp Y Sims, B
Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker
Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Jones of the 46th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 455. By Representatives Neal of the 1st, Lindsey of the 54th, Casas of the 103rd, Ashe of the 56th, England of the 108th and others:

A BILL to be entitled an Act to amend Code Section 20-2-211 of the Official Code of Georgia Annotated, relating to annual contracts for certificated personnel in elementary and secondary education, so as to temporarily extend certain deadlines; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Senate amendments were read:

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Senate Amendment # 1
Amend HB 455 (LC 33 2964) by inserting after "deadlines;" on line 3 the following:
to amend Code Section 20-2-205 of the Official Code of Georgia Annotated, relating to the Georgia Master Teacher Program, so as to remove the sunset provision for the Georgia Master Teacher Program;
By inserting between lines 33 and 34 the following:
SECTION 1A. Code Section 20-2-205 of the Official Code of Georgia Annotated, relating to the Georgia Master Teacher Program, is amended by revising subsection (d) as follows: "(d) This Code section shall be repealed on June 30, 2009."
Senate Amendment # 2
Amend HB 455 (LC 33 2964) by inserting after "deadlines;" on line 3 the following:
to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," so as to provide for placement on the state salary schedule for an educator who has a leadership degree but is not in a leadership position;
By inserting between lines 33 and 34 the following:
SECTION 1A. Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," is amended by adding to the end of subsection (a) the following: "For purposes of this subsection, an educator's placement on the salary schedule shall not be based on a leadership degree, which shall mean a degree earned in conjunction with completion of an educator leadership preparation program approved by the Professional Standards Commission, if the degree was earned on or after July 1, 2010, unless the educator is employed in a leadership position as defined by the State Board of Education, but shall be placed on the salary schedule position attributable to the educator but for the leadership degree; provided, however, that this shall not apply to an educator who possessed a leadership degree prior to July 1, 2010, regardless of whether or not he or she is in a leadership position."
Representative Neal of the 1st moved that the House agree to the Senate amendments to HB 455.

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On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison
Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns
Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D
Collins, T Cooper Y Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Hatfield Y Heard

Y Heckstall Hembree
Y Henson N Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Y Hudson N Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen N Keown
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 142, nays 16.

Y Manning Y Marin Y Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall
Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V N Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 455 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

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It would have been a violation of my oath of office to have voted to pass this version of HB 455.
/s/ Bobby Franklin Representative, District 43
HB 492. By Representatives Neal of the 1st, Scott of the 2nd, Hill of the 180th, Stephens of the 164th and Hudson of the 124th:
A BILL to be entitled an Act to amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates or time-share uses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, so as to provide definitions; to provide that private residence clubs and private residence club developments are not time-share estates, time-share programs, time-share projects, or time-share uses; to provide for the application of certain restrictive covenants; to provide for exceptions to certain ordinances and regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding time-share projects and programs, is amended by adding a new Code section to read as follows:
"44-3-162.1. (a) As used in this Code section, the term:
(1) 'Private residence club' means an improvement located on real property, including, but not limited to, a single-family residence, the title to which is held by a maximum of eight individuals as tenants in common in fee simple or by a limited liability company containing not greater than eight members, and the use of such improvement or residence includes, without limitation, exclusive occupancy for certain time periods which are determined among the titleholders or limited liability

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company members by project instrument, including, but not limited to, a declaration of restrictive covenants, a contract, or otherwise. A private residence club may or may not be located in a private residence club development. (2) 'Private residence club development' means a development of at least two private residence clubs in which the titleholders or members of the limited liability company, as respects to each private residence club, contractually agree by project instrument, contract, or otherwise to permit occupancy for certain time periods to the titleholders or members of the limited liability company as exist with respect to any or all of the private residence clubs in the private residence club development. (b) Neither a private residence club nor a private residence club development shall be considered a time-share estate, time-share program, time-share project, or time-share use under this article, and this article shall not be applicable to private residence clubs or private residence club developments; provided, however, that, notwithstanding the foregoing, if there exists a restrictive covenant on real estate that restricts or prohibits time-share estates, time-share programs, time-share projects, or time-share uses, such restrictive covenants shall equally restrict or prohibit a private residence club and a private residence club development unless such restrictive covenant expressly states that it does not apply to private residence clubs and private residence club developments. No zoning, subdivision, or building code or other real estate use ordinance or regulation shall prohibit a private residence club form of ownership or impose any requirement upon a private residence club which it does not impose upon a physically identical improvement or development under a different form of ownership. No subdivision law, ordinance, or regulation shall apply to any division of an improvement, including a single-family residence, into a private residence club or private residence club development."

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 Neal of the 1st moved that the House agree to the Senate substitute to HB 492.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw

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Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Dickson Dobbs
Y Dollar Y Dooley
Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S
Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 163, nays 0.

Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Sheldon Shipp Y Sims, B Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Wix Y Yates Richardson, Speaker

The motion prevailed.

HB 509. By Representatives Cooper of the 41st, Rice of the 51st, Lindsey of the 54th, Channell of the 116th, Lunsford of the 110th and others:

A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions relating to the regulation of physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice; to require individuals regulated under Chapter 34 of said title to notify the board upon the conviction of a felony; to provide for the suspension and reinstatement under certain circumstances of a license, permit, or certificate granted under Chapter 34; to provide for the renewal of a license, permit, or certificate granted under Chapter 34; to amend various other titles of the Official Code of Georgia Annotated for purposes of conformity; to provide for related

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matters; to provide for a contingency and effective dates; 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 change provisions relating to the regulation of physicians, acupuncture, physician's assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice; to provide for comprehensive revision to the regulation of such professions; to provide for definitions; to establish the Georgia Composite Medical Board to regulate physicians, acupuncturists, physician assistants, cancer and glaucoma treatment, respiratory care practice, clinical perfusionists, orthotics and prosthetics, and cosmetic laser services; to provide for the process of selection and removal to and from the board; to provide for the powers and duties of the board; to provide for the requirement of an oath of office for board members; to provide for the election of officers of the board; to provide for allowances for the board members; to provide for a chairperson of the board; to provide for powers and duties of the chairperson; to provide for peer review of certain medical professionals; to require individuals regulated under Chapter 34 of said title to notify the board upon the conviction of a felony; to provide for the suspension and reinstatement under certain circumstances of a license, permit, or certificate granted under Chapter 34; to provide for the renewal of a license, permit, or certificate granted under Chapter 34; to provide for a short title; to provide that a license is required to practice medicine; to provide for certain standards, conditions, and requirements to practice medicine; to provide for the delegation of certain duties from physicians to nurses or physician assistants; to provide penalties for practicing medicine without a license; to provide for the delegation of tasks involving polysomnography; to require a license to practice acupuncture; to provide certain standards, conditions, and requirements to practice acupuncture; to provide for a penalty for practicing acupuncture without a license; to require a license to act as a physician assistant; to provide certain standards, conditions, and requirements prior to licensure as a physician assistant; to provide for certain responsibilities for physician assistants; to provide for the review of physician assistants; to require certification to practice respiratory care; to provide certain standards, conditions, and requirements prior to certification as a respiratory therapist; to provide a penalty for practicing respiratory care without certification; to require a license to act as a clinical perfusionist; to provide for a temporary license to act as a clinical perfusionist; to provide for certain standards, conditions, and requirements prior to licensure as a clinical perfusionist; to provide a penalty for acting as a clinical perfusionist without a license; to require a license to practice orthotics and prosthetics; to provide for certain standards, conditions, and requirements prior to licensure to practice orthotics and prosthetics; to provide for a penalty for practicing orthotics and prosthetics without a license; to revise laws relating

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to cosmetic laser services; to amend various other titles of the Official Code of Georgia Annotated for purposes of conformity; to provide that a physician assistant can make a pronouncement of death under certain circumstances for purposes of vital records; to provide for related matters; to provide for a contingency and 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 Chapter 34 as follows:
"CHAPTER 34 ARTICLE 1
43-34-1. Reserved. As used in this chapter, the term:
(1) 'Board' means the Georgia Composite Medical Board. (2) 'Physician' means a person licensed to practice medicine pursuant to Article 2 of this chapter. (3) 'To practice medicine,' 'the practice of medicine,' or 'practicing medicine' shall have the same meaning as in paragraph (3) of Code Section 43-34-21.
43-34-2. Reserved.
43-34-21 43-34-2. (a) A board is established to be known as the Composite State Board of Medical Examiners Georgia Composite Medical Board. All members of the board The board shall be composed of 15 members, all of whom 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 actively practicing physicians of integrity and ability and shall be duly licensed hold unrestricted licenses to practice medicine in this state. Ten Eleven of the 12 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 medical 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 prior to their appointment. 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 and any vacancy occurring in a post held by an M.D. degree shall be filled by an M.D.

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(c) The thirteenth member of the board shall be appointed from the state at large and fourteenth and fifteenth members of the board shall have no connection whatsoever with the practice of medicine and 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. (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. Any member of the board may be removed from his or her position and generate an open position on the board:
(1) By a majority vote of the members of the board if a member of the board misses three or more consecutive meetings or misses more than one-third of all meetings including meetings conducted by teleconference, without a valid medical reason or reasons deemed excusable, which removal shall not be effective unless approved by the Governor; or (2) By the Governor if the board member:
(A) Has willfully neglected his or her duty as a board member; (B) Has been convicted of a crime involving moral turpitude; (C) Has been convicted of a felony; (D) Is no longer in the active practice of medicine, if a physician member; (E) Is no longer a resident of the State of Georgia; or (F) Has received any restriction of his or her medical license in Georgia or any other state, if a physician member. (e)(1) The board shall appoint a Physician's Physician Assistants Advisory Committee composed of four physicians, at least two of whom shall be members of the board, and four licensed physician's physician 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 physician assistants, including but not limited to applicants for physician's physician assistant licensure and relicensure and education requirements therefor, and proposed board regulations concerning physician's physician 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 for in this chapter. (2) The committee shall appoint a physician's physician 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 physician assistants and shall share in the privileges and benefits of the board without a vote.

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(f) The board shall examine applicants to test their review applicants' qualifications to practice medicine for licensure, certification, or permitting pursuant to this chapter. (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 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)(g) The board shall have the authority to contract with medical associations or other professionally qualified organizations to conduct impaired physicians programs.
43-34-22 43-34-3. The terms of office of members of the Composite State Board of Medical Examiners 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. (a) The members of the Composite State Board of Medical Examiners, now known as the Georgia Composite Medical Board, in office on June 30, 2009, shall continue to serve out their respective terms and until their respective successors are appointed and qualified. The two new board members added as of July 1, 2009, pursuant to Code Section 43-34-2 shall be appointed by the Governor to serve as members of the board for terms of office beginning on July 1, 2009. The terms of office of the two new members shall be for two years and three years, respectively, with the Governor to specify the initial term of office for each new member at the time of his or her appointment. 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.

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(b) Terms of office of members of the board shall be four years. 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 relocation from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made.
43-34-23 43-34-4. Immediately and before entering upon the duties of office, the members of the board shall take the constitutional oath of office and shall file the same in the office of the Governor, who, upon receiving the oath of office, shall issue to each member a certificate of appointment.
43-34-24 43-34-5. (a) Immediately after the appointment and qualification of the members, the The board shall meet and organize and shall annually elect a president and vice-president chairperson and vice chairperson. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2 may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier within the state. Each board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of the state as a board member, such member shall receive actual expenses as an expense allowance as well as the mileage allowance for the use of a personal car equal to that received by other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by board members are subject to approval of the chairperson and executive director. Out-of-state travel by board members must be approved by the board chairperson and the executive director. (b) The board shall hold two regular meetings each year, one in May or June and one in October month, unless in the discretion of the chairperson it is deemed unnecessary for a particular month. Called meetings may be held at the discretion of the president. The board shall adopt a seal, which must be affixed to all licenses issued by the board chairperson. (c) The board shall from time to time adopt such rules and regulations as it may deem necessary for the performance of its duties and shall examine and pass upon the qualifications of applicants for the practice of medicine have the following powers and duties:
(1) To adopt, amend, and repeal such rules and regulations in accordance with this chapter necessary for the proper administration and enforcement of this chapter; (2) To adopt a seal by which the board shall authenticate the acts of the board;

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(3) To establish a pool of qualified physicians to act as peer reviewers and expert witnesses and to appoint or contract with physicians professionally qualified by education and training, medical associations, or other professionally qualified organizations to serve as peer reviewers; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise; (4) To employ a medical director and other staff to implement this chapter and provide necessary and appropriate support who shall be subject to the same confidentiality requirements of the board; (5) To keep a docket of public proceedings, actions, and filings; (6) To set its office hours; (7) To set all reasonable fees by adoption of a schedule of fees approved by the board. The board shall set such fees sufficient to cover costs of operation; (8) To establish rules regarding licensure and certification status, including but not limited to inactive status, as the board deems appropriate; (9) To issue, deny, or reinstate the licenses, certificates, or permits of duly qualified applicants for licensure, certification, or permits under this chapter; (10) To revoke, suspend, issue terms and conditions, place on probation, limit practice, fine, require additional medical training, require medical community service, or otherwise sanction licensees, certificate holders, or permit holders; (11) To renew licenses, certificates, and permits and set renewal and expiration dates and application and other deadlines; (12) To approve such examinations as are necessary to determine competency to practice under this chapter; (13) To set examination standards, approve examinations, and set passing score requirements; (14) To adopt necessary rules concerning proceedings, hearings, review hearings, actions, filings, depositions, and motions related to uncontested cases; (15) To initiate investigations for the purposes of discovering violations of this chapter; (16) To administer oaths, subpoena witnesses and documentary evidence including medical records, and take testimony in all matters relating to its duties; (17) To conduct hearings, reviews, and other proceedings according to Chapter 13 of Title 50; (18) To conduct investigative interviews; (19) To issue cease and desist orders to stop the unlicensed practice of medicine or other profession licensed, certified, or permitted under this chapter and impose penalties for such violations; (20) To request injunctive relief or refer cases for criminal prosecution to appropriate enforcement authorities; (21) To release investigative or applicant files to another enforcement agency or lawful licensing authority in another state; (22) To sue and be sued in a court of competent jurisdiction; and

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(23) To enter into contracts. (d) A license issued by the board shall not be limited or restricted to a particular medical specialty.
43-34-24.1 43-34-6. (a) The board shall not be under the jurisdiction of the Secretary of State but shall be an independent state agency attached to the Department of Community Health for administrative purposes only, as provided in Code Section 50-4-3, except that such department shall prepare and submit the budget for the board. The board shall not be a professional licensing board but shall have with respect to all matters within the jurisdiction of the Composite State Board of Medical Examiners board as provided under this chapter the powers, duties, and functions of such professional licensing boards as provided in Chapter 1 of this title. (b) The board shall appoint and fix the compensation of an executive director of such board who shall serve at the pleasure of the board. Any reference in this chapter to the executive director shall mean the executive director appointed pursuant to this subsection. The executive director shall have, with respect to the board, the same powers, duties, and functions granted to the division director with respect to professional licensing boards under Chapter 1 of this title but without being subject to any approval or other powers exercised by the Secretary of State. (c) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president chairperson of the board. A majority of the members of the board shall constitute a quorum for the transaction of business of the board. (d) Licenses, certificates, and permits issued by the board which are shall be subject to renewal and shall be valid for up to two years unless otherwise specified by this chapter and shall be renewable biennially on the renewal date established by the board. (e) The board, through the executive director, may hire investigators for the purpose of conducting investigations for the board and those persons shall be designated as investigators and have the powers, duties, and status of investigators for professional licensing boards under Code Section 43-1-5. Any person so employed shall be considered to be a peace officer and shall have all powers, duties, and status of a peace officer of this state; provided, however, that such investigators shall only be authorized, upon written approval of the executive director, notwithstanding Code Sections 16-11126, 16-11-128, and 16-11-129, to carry firearms in the performance of their duties and exercise the powers of arrest in the performance of their duties. Notwithstanding the provisions of Code Section 50-4-3 and with the concurrence of the board, the Department of Community Health shall be authorized to employ and provide for the compensation of staff as is necessary to assist in carrying out the functions of the board. Staff so hired shall be subject to the rules and confidentiality requirements of the board and to the supervision of the executive director of the board. (f) The venue of any action involving members of the board shall be governed by the laws of this state relating to venue the county in which is found the primary office of

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the governmental entity of which the defendant is an officer. The executive director of the board shall not be considered a member of the board in determining the venue of any such action and no court shall have jurisdiction of any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction. (g) The board shall give point credit to veterans in the same manner as required for professional licensing boards under Code Sections 43-1-9 through 43-1-13. (h) Persons appointed to the board shall be subject to Senate confirmation as provided in Code Section 43-1-16 and subject to removal as provided in Code Section 43-1-17. (i)(h) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (j) The board, through the executive director, shall hire such personnel as it deems necessary to carry out its functions under this chapter and may appoint professionally qualified persons to serve as members of peer review committees; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise. (k)(i) The board executive director shall make a report no later than December 31 of each year covering the activities of the board for that calendar year, which report shall be submitted to the commissioner of community health, and shall be made available to any member of the General Assembly upon request. (j) The executive director, with the approval of the board, notwithstanding any other provisions of law to the contrary, shall enter into such contracts as are deemed necessary to carry out this chapter to provide for all services required of the board.
43-34-7. The executive director shall prepare and maintain a roster containing the names and business addresses of all current licensees, certificate holders, and permit holders for each of the various professions regulated by the Georgia Composite Medical Board. A copy of the roster shall be available to any person upon request at a fee prescribed by the board sufficient to cover the cost of printing and distribution. The following shall be treated as confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the board:
(1) Applications and other personal information submitted by applicants, except to the applicant, the staff, and the board; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board; (3) Examination questions and other examination materials, except to the staff and the board; and (4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes; provided, however, that such deliberations may be released only to another state or federal enforcement agency or lawful licensing authority. Releasing the documents pursuant to this paragraph shall not subject any otherwise privileged documents to the provisions of Code Section 50-18-70.

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43-34-37 43-34-8. (a) The board shall have authority to refuse to grant a license, certificate, or permit to an applicant or to discipline a physician licensed under this chapter a person regulated under this chapter or any antecedent law upon a finding by the board that the licensee, certificate holder, or permit holder or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license, certificate, or permit contained in this chapter or in the rules and regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all requirements for the issuance of a license; and, if the board is not satisfied as to the applicant's qualifications, it shall not issue a license, certificate, or permit; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of medicine of a profession licensed, certified, or permitted under this chapter or in any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in obtaining a license, certificate, or permit under this chapter to practice medicine pursuant to this chapter, or made a false statement or deceptive biennial registration with the board; (3) Been convicted of a felony in the courts of this state or any other state, territory, country, or of the United States. As used in this paragraph, the term 'conviction of a felony' shall include a conviction of an offense which if committed in this state would be deemed a felony under either state or federal law, without regard to its designation elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or verdict of guilt, a plea of guilty resulting in first offender status, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon; (4) Committed a crime involving moral turpitude, without regard to conviction; the conviction of a crime involving moral turpitude shall be evidence of the commission of such crime. As used in this paragraph, the term 'conviction' shall have the meaning prescribed in paragraph (3) of this subsection. For the purpose of this chapter, a conviction or plea of guilty or of nolo contendere to a charge or indictment by either federal or state government for income tax evasion shall not be considered a crime involving moral turpitude; (5) Had his or her license, certificate, or permit to practice medicine pursuant to this chapter revoked, suspended, or annulled by any lawful licensing authority; or had other disciplinary action taken against him or her by any lawful licensing authority; or been denied a license by any lawful licensing authority; (6) Advertised for or solicited patients; obtained a fee or other thing of value on the representation that a manifestly incurable disease can be permanently cured; or made untruthful or improbable statements, or flamboyant or extravagant claims concerning his or her professional excellence or treatment protocols; (7) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person. As used in this paragraph, the term 'unprofessional

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conduct' shall include any departure from, or failure to conform to, the minimal minimum standards of acceptable and prevailing medical practice and shall also include, but not be limited to, the prescribing or use of drugs, treatment, or diagnostic procedures which are detrimental to the patient as determined by the minimal minimum standards of acceptable and prevailing medical practice or by rule of the board; (8) Performed, procured, or aided or abetted in performing or procuring a criminal abortion; (9) Knowingly maintained a professional connection or association with any person who is in violation of this chapter or the rules or regulations of the board; or knowingly aided, assisted, procured, or advised any person to practice medicine pursuant to this chapter contrary to this chapter or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or entity to practice medicine pursuant to this chapter; or divided fees or agreed to divide fees received for professional services with any person, firm, association, corporation, or other entity for bringing or referring a patient; (10) Violated or attempted to violate a law, rule, or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which law, rule, or regulation relates to or in part regulates the practice of medicine, when the licensee or applicant knows or should know that such action is violative of such law, rule, or regulation; or violated a lawful order of the board, previously entered by the board in a disciplinary hearing; (11) Committed any act or omission which is indicative of bad moral character or untrustworthiness; (11.1) Failed to attempt to inform a patient, in a timely manner, that the physician has received the results of a laboratory test. The board shall promulgate rules for the implementation of this paragraph no later than January 1, 2002. Any physician who complies with the rules promulgated by the board for informing his or her patient that the results of any laboratory test have been received shall be immune from any civil or criminal liability for such disclosure; (12) Been adjudged mentally incompetent by a court of competent jurisdiction, within or outside this state. Any such adjudication shall automatically suspend the license, certificate, or permit of any such person and shall prevent the reissuance or renewal of any license, certificate, or permit so suspended for as long as the adjudication of incompetence is in effect unless the board, upon a finding that the licensee, certificate holder, or permit holder is mentally competent, orders otherwise. Any applicant who has been so adjudged to be mentally incompetent shall not receive a license, certificate, or permit unless the board, upon a finding that the applicant is mentally competent, orders otherwise; or (13) Become unable to practice medicine pursuant to this chapter with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics,

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chemicals, or any other type of material, or as a result of any mental or physical condition:
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee, certificate holder, permit holder, or applicant to submit to a mental or physical examination by physicians designated by the board. The expense of this examination shall be borne by the licensee, certificate holder, or permit holder or applicant. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing medicine in this state a profession regulated under this chapter or who shall file an application for a license to practice medicine a profession regulated under this chapter in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee, certificate holder, or permit holder or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee, certificate holder, permit holder, or applicant who is prohibited from practicing medicine pursuant to this chapter under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of medicine pursuant to this chapter with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee, certificate holder, or permit holder or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing medicine pursuant to this chapter in this state or who shall file an application to practice medicine pursuant to this chapter in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitute a privileged communication; and (C) If any licensee, certificate holder, or permit holder or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee, certificate holder, or permit holder or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information

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be used against any licensee, certificate holder, or permit holder or applicant in any other type of proceeding.; (14) Cheated on or attempted to subvert an examination by the board; (15) Committed an act of sexual abuse, misconduct, or exploitation of a patient including guardians and parents of minors; (16) Mistreated or abandoned a patient or his or her records; provided, however that a physician in compliance with Chapter 33 of Title 31 shall not be considered to have abandoned patient records; (17) Entered into conduct which discredits the profession; (18) Failed to furnish records, including, but not limited to, medical records, to the board in response to a subpoena or failed to answer questions on the renewal of the license, certificate, or permit; (19) Failed to maintain appropriate medical or other records as required by board rule; (20) Failed to follow generally accepted infection control procedures or Occupational Safety and Health Administration (OSHA) standards; (21) Failed to comply with federal laws and standards relating to the practice of medicine or other health care profession regulated under this chapter, the regulations of drugs, the delivery of health care, or other related laws; (22) Failed to comply with an order for child support as defined by Code Section 1911-9.3; it shall be incumbent upon the applicant, licensee, certificate holder, or permit holder to supply a notice of release to the board from the appropriate child support authorities within the Department of Human Resources indicating that the licensee, certificate holder, permit holder, or applicant has come into compliance with an order for child support so that a license, certificate, or permit may be issued if all other conditions for the issuance of a license, certificate, or permit are met; (23) Failed to enter into satisfactory repayment status and is a borrower in default as defined by Code Section 20-3-295; it shall be incumbent upon the applicant, licensee, certificate holder, or permit holder to supply the notice of release to the board from the Georgia Higher Education Assistance Corporation indicating that the licensee, certificate holder, permit holder, or applicant has entered into satisfactory repayment status so that a license, certificate, or permit may be issued or granted if all other conditions for issuance of a license, certificate, or permit are met; or (24) Except for practice settings identified in paragraph (7) of subsection (g) of Code Section 43-34-26 and arrangements approved by the board prior to July 1, 2009, as set forth in subsection (k) of Code Section 43-34-103, been a physician that has been or is employed by one the physician: (A) Delegates medical acts to: (B) Enters a protocol or job description with; or (C) Is responsible for supervising. (a.1) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by a professional licensing board and summary

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suspension of a license are adopted and incorporated by reference into this Code section.
(b)(1) When the board finds that any person is unqualified to be granted a license, certificate, or permit or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:
(A) Refuse to grant a license, certificate, or permit to an applicant; (B) Place the licensee, certificate holder, or permit holder on probation for a definite or indefinite period with terms and conditions; (C) Administer a public or private reprimand, provided that a private reprimand shall not be disclosed to any person except the licensee, certificate holder, or permit holder; (C)(D) Suspend any license, certificate, or permit for a definite or indefinite period; (D)(E) Limit or restrict any license, certificate, or permit; (E)(F) Revoke any license, certificate, or permit; or (F) Condition the penalty, or withhold formal disposition, upon the physician's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board. (G) Impose a fine not to exceed $3,000.00 for each violation of a law, rule, or regulation relating to the licensee, certificate holder, permit holder or applicant; (H) Impose a fine in a reasonable amount to reimburse the board for the administrative costs; (I) Require passage of a board approved minimum competency examination; (J) Require board approved medical education; (K) Condition the penalty, or withhold formal disposition, which actions shall be kept confidential, unless there is a public order upon the licensee or applicant, certificate holder, or permit holder's submission to the care, counseling, or treatment by physicians or other professional persons and the completion of such care, counseling, or treatment, as directed by the board; or (L) Require a board approved mental and physical evaluation of all licensees, certificate holders, or permit holders. (2) In addition to and in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection, the board may make a finding adverse to the licensee, certificate holder, permit holder, or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the physician licensee, certificate holder, permit holder, or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (3) Neither the issuance of a private reprimand nor the denial of a license, certificate, or permit nor the denial of a request for reinstatement of a revoked license, certificate, or permit nor the refusal to issue a previously denied license, certificate, or permit shall be considered to be a contested case within the meaning of Chapter 13 of Title

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50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of said chapter shall not be required, but the applicant or licensee, certificate holder, or permit holder shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the holder of a license, certificate, or permit or an applicant. (b.1) The board shall suspend the license, certificate, or permit of a person licensed by the board who has been certified by a federal agency and reported to the board for nonpayment or default or breach of a repayment or service obligation under any federal education loan, loan repayment, or service conditional scholarship program. Prior to the suspension, the licensee, certificate holder, or permit holder shall be entitled to notice of the board's intended action and opportunity to appear before the board according to procedures set forth in the board's rules and regulations. A suspension of a license, certificate, or permit under this subsection is not a contested case under Chapter 13 of Title 50, 'Georgia Administrative Procedure Act.' A license, certificate, or permit suspended under this Code section shall not be reinstated or reissued until the person provides the board a written release issued by the reporting agency 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 the person has continued to meet all other requirements for issuance of a license, certificate, or permit during the period of suspension, reinstatement of the license, certificate, or permit shall be automatic upon receipt of the notice and payment of any reinstatement fee which the board may impose. (c) In its discretion, the board may restore and reissue a license, certificate, or permit to practice medicine issued under this chapter or any antecedent law and, as a condition thereof, may impose any disciplinary or corrective measure provided in this chapter. (d) The executive director is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations as he or she, or the board, or any district attorney may deem necessary or advisable in the enforcement of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material, except that as to which privilege has not been denied or deemed waived by this chapter, and which is deemed by the president chairperson of the board, or vice-president vice chairperson if the president chairperson is not available, to be related to the fitness of any licensee, certificate holder, permit holder, or applicant to practice medicine pursuant to this chapter. The executive director or the president chairperson of the board, or vice-president vice chairperson if the president chairperson is not available, may issue subpoenas to compel such access. When a subpoena is disobeyed, the board may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court. The results of any investigations whatsoever shall be reported only to the board, and the records of such investigations

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shall be kept by the board; no part of any such record shall be released for any purpose other than a hearing before the board and as provided in Chapter 34A of this title; nor shall such records be subject to subpoena. The board shall be authorized to release records that are not otherwise confidential or privileged only to another state or federal enforcement agency or lawful licensing authority and such release shall not alter the confidential or privileged nature of the documents. (e) In any hearing to determine a licensee's, certificate holder's, permit holder's, or applicant's fitness to practice medicine pursuant to this chapter, any record relating to any patient of the licensee, certificate holder, permit holder, or applicant shall be admissible into evidence, regardless of any statutory privilege which such patient might otherwise be able to invoke. In addition, no such patient may withhold testimony bearing upon a licensee's, certificate holder's, permit holder's, or applicant's fitness to practice medicine pursuant to this chapter on the ground of privilege between such licensee, certificate holder, permit holder, or applicant and such patient. Any testimony or written evidence relating to a patient of a licensee, certificate holder, permit holder, or applicant or to the record of any such patient shall be received by the board in camera and shall not be disclosed to the public. (f) In any hearing in which the fitness of a licensee, certificate holder, permit holder, or applicant to practice medicine pursuant to this chapter is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken and may, when in its discretion it deems it necessary, speak to a licensee, certificate holder, permit holder, or applicant in private. (g) This Code section is enacted in the public welfare and shall be liberally construed. (h) A person, partnership, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee, certificate holder, permit holder, or applicant which violate the provisions of subsection (a) of this Code section or any other provisions of law relating to a licensee's, certificate holder's, permit holder's, or applicant's fitness to practice medicine pursuant to this chapter or for initiating or conducting proceedings against such licensee, certificate holder, permit holder, or applicant, if such report is made or action is taken in good faith without fraud or malice. Any person who testifies in good faith without fraud or malice before the board in any proceeding involving a violation of subsection (a) of this Code section or any other law relating to a licensee's, certificate holder's, permit holder's, or applicant's fitness to practice medicine pursuant to this chapter, or who makes a recommendation to the board in the nature of peer review, shall be immune from civil and criminal liability for so testifying. (h) Peer review conducted pursuant to this Code section shall be subject to the provisions of Article 6 of Chapter 7 of Title 31, relating to medical peer review groups. Any person providing information for purposes of peer review under this Code section and any person providing information to the board under this Code section shall not be criminally or civilly liable in any way for such actions unless:
(1) Such information is unrelated to the carrying out of peer review under this Code section; or

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(2) Such information is false and the person disclosing such information knew that such information was false. (i) This Code section is enacted in the public welfare and shall be liberally construed. (i)(j) The board shall investigate a licensee's, certificate holder's, or permit holder's fitness to practice medicine pursuant to this chapter if the board has received a notification, pursuant to Code Section 33-3-27, regarding that licensee, certificate holder, or permit holder of a medical malpractice judgment or settlement in excess of $100,000.00 or a notification pursuant to Code Section 33-3-27 that there have been two or more previous judgments against or settlements with the licensee, certificate holder, or permit holder relating to the practice of medicine pursuant to this chapter involving an action for medical malpractice. Every licensee, certificate holder, or permit holder shall notify the board of any settlement or judgment involving the licensee, certificate holder, or permit holder involving an action for medical malpractice. (j)(k) The board shall may conduct an assessment of a licensee's, certificate holder's, or permit holder's fitness to practice medicine pursuant to this chapter if it has disciplined the licensee, certificate holder, or permit holder three times in the last ten years as a result of an action for medical malpractice. The assessment shall include an examination of the licensee's, certificate holder's, or permit holder's entire history with respect to the practice of medicine pursuant to this chapter and a one-day on-site visit to the licensee's, certificate holder's, or permit holder's current practice location. The assessment shall be completed within six months of the third disciplinary action. As a result of its findings the board may take any action it deems necessary to reduce medical errors and promote patient safety, including revocation, suspension, or limiting the licensee's, certificate holder's, or permit holder's license, certificate, or permit or requiring additional clinical training, additional continuing medical education, proctoring, or referral to appropriate rehabilitation facilities. As used in this subsection, the term 'action for medical malpractice' shall have the same meaning as provided in Code Section 9-3-70. The board shall implement this subsection upon the effective date of a specific appropriation of funds for purposes of this subsection as expressed in a line item making specific reference to the full funding of this subsection in an appropriations Act enacted by the General Assembly. (l) If any licensee, certificate holder, permit holder, or applicant after 30 days' notice fails to appear at any hearing of the board for that licensee, certificate holder, permit holder, or applicant, the board may proceed to hear the evidence against such licensee, certificate holder, permit holder, or applicant and take action as if such licensee, certificate holder, permit holder, or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee, certificate holder, permit holder, or applicant or served by certified mail, return receipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee, certificate holder, permit holder, or applicant cannot, after diligent effort, be

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located, the executive director shall be deemed to be the agent for service for such licensee, certificate holder, permit holder, or applicant for purposes of this Code section, and service upon the executive director shall be deemed to be service upon the licensee, certificate holder, permit holder, or applicant. (m) The voluntary surrender of a license, certificate, or permit or the failure to renew a license, certificate, or permit by the end of the established penalty period shall have the same effect as a revocation of said license, certificate, or permit, subject to reinstatement in the discretion of the board. The board may restore and reissue a license, certificate, or permit to practice under this chapter and, as a condition thereof, may impose any disciplinary sanction provided by this Code section. (n) Subsections (a) and (b) of this Code section shall be supplemental to and shall not operate to prohibit the board from acting pursuant to those provisions of law which may now or hereafter authorize other disciplinary grounds and actions for the board. In cases where those other provisions are law so authorize other disciplinary grounds and actions but subsections (a) and (b) of this Code section limit such grounds for action, those other provisions shall apply. (o) The board shall publish all final public disciplinary actions taken against a licensee, certificate holder, or permit holder pursuant to this chapter on its official website.
43-34-38 43-34-9. Proceedings before the board wherein a licensee's, certificate holder's, or permit holder's right to practice medicine pursuant to this chapter in this state is terminated, suspended, or limited or wherein a public reprimand is administered shall require prior notice to the licensee and an opportunity for hearing; and such proceedings shall be considered contested cases within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Neither refusal of a license, certificate, or permit nor a private reprimand nor a letter of concern shall be considered a contested case within the meaning of Chapter 13 of Title 50, and notice and hearing within the meaning of such chapter shall not be required; but the applicant physician shall be allowed to appear before the board if he so requests provided, however, that the applicant shall be allowed to appear before the board, if the applicant so requests, prior to the board making a final decision regarding the issuance of the license, certificate, or permit. The power to subpoena as set forth in Chapter 13 of Title 50 shall include the power to subpoena any book, writing, paper, or document. If any licensee, certificate holder, or permit holder fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee, certificate holder, or permit holder and take action as if such licensee, certificate holder, or permit holder had been present.
43-34-10. Any licensee, certificate holder, or permit holder who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph (5) of Code Section 16-1-3 shall be required to notify the board of the conviction within ten days of the conviction. The failure to notify the board of a

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conviction shall be considered grounds for revocation of his or her license, certificate, permit, or other authorization to conduct a profession regulated under this chapter.
43-34-3 43-34-11. (a)(1) The board shall be authorized to require persons seeking renewal of a license, or certificate, or permit under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned. This paragraph shall not apply to respiratory care professionals or persons seeking renewal of certification as respiratory care professionals. (2) The board shall be authorized to require persons seeking renewal of certification as respiratory care professionals under Article 6 of this chapter to complete board approved continuing education. The board shall be authorized to establish the number of hours of continuing education required biennially for renewal of certification as a respiratory care professional and the categories in which these hours should be earned. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. Any action taken by the board pursuant to this paragraph shall be taken in conformity with the provisions of Code Section 43-34-143. (b)(1) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or in cases where physicians or physicians' physician assistants are serving in fellowships, new specialty residencies, postgraduate specialty programs, the United States Congress or Georgia General Assembly, or under such other circumstances as the board deems appropriate. (2) The board shall require no more than 20 hours of continuing education annually for retired physicians who have an active license and who provide uncompensated health care services pursuant to Code Section 43-34-45.1 43-34-41 or Article 8 of Chapter 8 of Title 31; provided, however, that the board shall be authorized to require up to 40 hours of continuing education for retired physicians who have not had an active license to practice medicine for up to five years.
(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (d) This Code section shall apply to each licensing, certification, permit, and renewal cycle which begins after the 1990-1991 renewal.
43-34-12. (a) For purposes of this chapter, the term 'radiologist assistant' means an advanced level certified diagnostic radiologic technologist who assists radiologists under levels of supervision defined by the Georgia Composite Medical Board in performing advanced diagnostic imaging procedures as determined by board rule, including, but not limited

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to, enteral and parenteral procedures when performed under the direction of the supervising radiologist and may include injecting diagnostic agents to sites other than intravenous, performing diagnostic aspirations and localizations, and assisting radiologists with other invasive procedures. (b) This Code section is for definitional purposes only and shall not be construed to require any duties or obligations regarding radiology assistants that did not already exist as of June 30, 2009.
ARTICLE 2
43-34-20. This article shall be known as the 'Medical Practice Act of the State of Georgia.'
43-34-21. As used in this article, the term:
(1) 'Board' or 'Board of Medical Examiners' means the Composite State Board of Medical Examiners Georgia Composite Medical Board. (2) 'Internship' or any other similar term includes a clinical training program which is defined and approved by the board as a substitute for an internship. (2.1) 'Physician' means a person licensed to practice medicine under this article. (2.1) 'Postgraduate training' means a program for the training of interns, residents, or postresidency fellows that is approved by the Accreditation Council for Graduate Medical Education (ACGME), American Osteopathic Association (AOA), or the board. (3) 'To practice medicine,' 'the practice of medicine,' or 'practicing medicine' means to hold oneself out to the public as being engaged in the diagnosis or treatment of disease, defects, or injuries of human beings; or the suggestion, recommendation, or prescribing of any form of treatment for the intended palliation, relief, or cure of any physical, mental, or functional ailment or defect of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift, or compensation whatsoever; or the maintenance of an office for the reception, examination, and treatment of persons suffering from disease, defect, or injury of body or mind; or attaching the title 'M.D.,' 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,' 'Allopathic Physician,' 'Osteopathic Physician,' or 'Physician,' either alone or in connection with other words, or any other words or abbreviations to one's name, indicating that such person is engaged in the treatment or diagnosis of disease, defects, or injuries to human beings, provided that the terms 'doctors of medicine,' 'doctors of osteopathic medicine,' 'doctors of medicine licensed to practice in the state,' and similar terms wherever used or appearing in this article or elsewhere shall mean and include only those persons who are licensed to practice medicine under this article.

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43-34-25. The board shall have authority to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties.
43-34-26 43-34-22. (a) If any person shall hold himself or herself out to the public as being engaged in the diagnosis or treatment of disease or injuries of human beings, or shall suggest, recommend, or prescribe any form of treatment for the palliation, relief, or cure of any physical or mental ailment of any person, with the intention of receiving therefor, either directly or indirectly, any fee, gift, or compensation whatsoever, or shall maintain an office for the reception, examination, or treatment of diseased or injured human beings, or shall attach the title 'M.D.,' 'Oph.,' 'D.,' 'Dop.,' 'Surgeon,' 'Doctor,' 'D.O.,' 'Doctor of Osteopathy,' 'Osteopathic Physician,' or 'Physician,' either alone or in connection with other words, or any other word or abbreviation to his or her name indicative that he or she is engaged in the treatment of diseased, defective, or injured human beings, and shall not in any of these cases then possess a valid license to practice medicine under the laws of this state, he or she shall be deemed to be practicing medicine without complying with this chapter article and shall be deemed in violation of this chapter article. (b) Nothing in this chapter shall be construed to prohibit:
(1) Gratuitous services in cases of emergency; (2) The practice of the religious tenets or general beliefs of any church whatsoever; (3) The requiring of a fee for examination by opticians, at their established places of business, who do not prescribe or use drugs or medicines or attach to their names titles indicative that any such persons are engaged in the practice of medicine, as defined in this chapter article; (4) The performance of their duties for the federal government by federal physicians, both military and civilian; (5) The consultation on special cases approved by the board in this state of regularly licensed physicians from other states or territories; (6) The licensed practice of dentistry, optometry, psychology, podiatry, or chiropractic; (7) The licensed practice of midwifery or nursing; (8) The utilization of a physician's physician assistant to perform tasks approved by the board, and the performance of such tasks by the physician's physician assistant; the delegation by a physician to a qualified person other than a physician's physician assistant of any acts, duties, or functions which are otherwise permitted by law or established by custom; and the performance of such acts, duties, or functions by such a person other than a physician's physician assistant; or (9) The performance of:

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(A) Any medical task by a student enrolled in a medical college school, osteopathic college medical school, or physician's physician assistant training program approved by the board; or (B) Any dental task by a student enrolled in a dental college approved by the Georgia Board of Dentistry; or (C) Any nursing task by a student enrolled in a nursing program approved by the Georgia Board of Nursing where either type any such task is performed under the supervision of an authorized instructor lawfully licensed in this state to perform such tasks. (c) Nothing in this chapter article shall be construed as preventing any person holding a valid license as a Doctor of Osteopathy on March 16, 1970, from engaging in the practice of osteopathy as the same was practiced by such person at such time, subject to biennial renewal of his or her license. Such limited renewal licenses shall not authorize the practice of obstetrics or surgery other than the minor suturing of cuts.
43-34-26.1 43-34-23. (a) As used in this Code section, the term:
(1) 'Administer' means to give a unit dose of any drug or to perform any medical treatment or diagnostic study. (2) 'Controlled substance' means any controlled substance, as defined in Code Section 16-13-21, except any Schedule I controlled substance listed in Code Section 16-1325. (3) 'Dangerous drug' means any dangerous drug, as defined in Code Section 16-1371, but does not include any controlled substance or Schedule I controlled substance. (3.1) 'Dispense' means to issue one or more doses of any drug in a suitable container with appropriate labeling for subsequent administration to, or use by, a patient. (4) 'Dispensing procedure' means a written document signed by a licensed pharmacist and a licensed physician which document establishes the appropriate manner under which drugs may be dispensed pursuant to this Code section. (5) 'Drug' means any dangerous drug or controlled substance. (5.1) 'Job description' means a document signed by a licensed physician and describing the duties which may be performed by a physician's assistant, by which document the physician delegates to that physician's assistant the authority to perform certain medical acts pursuant to subsection (b) of this Code section and which acts shall include, without being limited to, the administering and ordering of any drug shall have the same meaning as in Code Section 43-34-102. (6) 'Nurse' means a person who is a registered professional nurse licensed as such under Article 1 of Chapter 26 of this title. (7) 'Nurse protocol' means a written document mutually agreed upon and signed by a nurse and a licensed physician, by which document the physician delegates to that nurse the authority to perform certain medical acts pursuant to subsection (b) of this Code section, and which acts shall include, without being limited to, the administering and ordering of any drug.

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(8) 'Order' means to select a drug, medical treatment, or diagnostic study through physician delegation in accordance with a nurse protocol or a physician's physician assistant's job description. Ordering under such delegation shall not be construed to be prescribing, which act can only be performed by the physician, nor shall ordering of a drug be construed to authorize the issuance of a written prescription. (9) 'Physician's 'Physician assistant' means a person licensed as a physician's physician assistant pursuant to Article 4 of this chapter, the 'Physician's Physician Assistant Act.' (b)(1) A physician may delegate to:
(A) A physician's physician assistant in accordance with a job description; or (B) A nurse recognized by the Georgia Board of Nursing as a certified nurse midwife, certified registered nurse anesthetist, certified nurse practitioner, or clinical nurse specialist, psychiatric/mental health in accordance with a nurse protocol the authority to order controlled substances selected from a formulary of such drugs established by the Composite State Board of Medical Examiners board and the authority to order dangerous drugs, medical treatments, and diagnostic studies. (2) A physician may delegate to a nurse or physician's physician assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physician's physician assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in conformity with a nurse protocol or job description, if that nurse or physician's physician assistant orders or dispenses those dangerous drugs, medical treatments, or diagnostic studies: (A) As an agent or employee of:
(i) The Division of Public Health of the Department of Human Resources; (ii) Any county board of health; or (iii) Any organization:
(I) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, other than an organization which is a hospital, preferred provider organization, health maintenance organization, or similar organization; or (II) Established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act, which organization provides that those medical services and dangerous drugs which are ordered or dispensed by its physician's physician assistants and nurses will be provided at no cost to the patient or at a cost based solely upon the patient's ability to pay; and (B) In conformity with subsection (b) of Code Section 26-4-130 and the rules and regulations established pursuant thereto by the State Board of Pharmacy. (3) In addition, a physician may delegate to a nurse or physician's physician assistant the authority to order dangerous drugs, medical treatments, or diagnostic studies and a nurse or physician's physician assistant is authorized to dispense dangerous drugs, in accordance with a dispensing procedure and under the authority of an order issued in

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conformity with a nurse protocol or job description, if that nurse or physician's physician assistant orders or dispenses such drugs, treatments, or studies to a patient of an outpatient clinic:
(A) Which is owned or operated by a licensed hospital; (B) Which provides such drugs, treatments, or studies free or at a charge to the patient based solely upon the patient's ability to pay; provided, however, such charge shall not exceed the actual cost to the outpatient clinic; and (C) Whose services are primarily provided to the medically disadvantaged and that nurse or physician's physician orders or dispenses such drugs in conformity with subsection (b) of Code Section 26-4-130 and the rules and regulations established pursuant thereto by the State Board of Pharmacy. (4) Delegation of authority to a physician's physician assistant pursuant to this subsection shall be authorized only if that delegation is contained in the job description approved for that physician's physician assistant by the Composite State Board of Medical Examiners board. (5) Delegation of authority to a nurse pursuant to this subsection shall be authorized only if that delegation is contained in a nurse protocol for that nurse. (c) The Composite State Board of Medical Examiners board shall be empowered to promulgate rules and regulations governing physicians and physician's physician assistants to carry out the intents and purposes of this Code section, including establishing criteria and standards governing physicians, physician's physician assistants, job descriptions, and nurse protocols. The board shall be authorized to require that protocols not falling within such established criteria and standards be submitted to the board for review and approval or rejection. (d) Notwithstanding any other provision of law to the contrary, a physician's physician assistant or nurse may perform any act authorized to be performed by that person pursuant to and in conformity with this Code section without such act constituting the practice of medicine. (e) Nothing in this Code section shall be construed to limit or repeal this article and Articles 4 and 6 of this chapter, relating to physicians, osteopaths osteopathic physicians, physician's physician assistants, and respiratory therapists, or Article 1 of Chapter 26 of this title, relating to registered nurses. (f) Nothing in this Code section shall be construed to limit or repeal any existing authority of a licensed physician to delegate to a qualified person any acts, duties, or functions which are otherwise permitted by law or established by custom. (g) Nothing in this Code section shall be construed to authorize or permit the issuance of a Drug Enforcement Administration license to a nurse who is not an advanced practice registered nurse. (h) Nothing in this Code section shall be construed to limit or repeal the authority of any organization described in division (i) or (ii) of subparagraph (b)(2)(A) of this Code section or any organization established under the authority of or receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service

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Act to supervise its agents or employees or interfere with the employer and employee relationship of any such agents or employees. (i) Notwithstanding any other provision of law to the contrary, a physician's physician assistant or nurse may perform any act deemed necessary to provide treatment to a hospital or nursing home patient in a life-threatening situation when such act is authorized by standing procedures established by the medical staff of the hospital or nursing home.
43-34-26.2 43-34-24. (a) As used in this Code section, the term 'pharmacist' means a person who meets the requirements specified in Code Section 26-4-50. (b) A physician may delegate to a pharmacist the authority to modify drug therapy as part of drug therapy management. The physician making such delegation shall adequately supervise the application of his or her order delegating the authority to modify drug therapy. Delegation of such authority shall only be made pursuant to the physician's diagnosis, written order, and drug therapy protocol. Unless a drug therapy modification is a substitution of a generic drug which is pharmaceutically and therapeutically equivalent to the patient's initial prescription drug order pursuant to Code Section 26-4-81, that protocol shall meet the applicable requirements for issuance of prescriptions provided in Code Section 16-13-41 or 16-13-74, whichever is applicable. A drug therapy protocol issued pursuant to this subsection may authorize a pharmacist to dispense a specific drug contained in the protocol as an alternative drug which is not pharmaceutically and therapeutically equivalent to the patient's initial prescription drug order and shall be deemed to be the physician's separate and distinct prescription drug order. All protocols authorized by this subsection shall:
(1) Identify the pharmacist who is authorized to modify drug therapy and the physician who is delegating the authority to modify drug therapy; (2) Indicate the physician's diagnosis of condition or disease state of the patient whose drug therapy may be modified; (3) Identify each patient for whom the physician has delegated the authority to modify drug therapy; (4) Describe specific responsibilities and parameters for modification of drug therapy and patient monitoring authorized under the protocol; (5) Include a statement regarding the types and categories of medication as well as the maximum and minimum dosage levels within the types and categories of medication for which the pharmacist may modify drug therapy including:
(A) Additional procedures or plans which the pharmacist shall follow when the pharmacist modifies drug therapy; and (B) The method of documentation and mechanism of communication of appropriate medical care information or pharmacy care information, or both; description and required frequency of reports which shall include:
(i) Any problems or complications encountered; (ii) A listing of recommendations by pharmacist; and

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(iii) A complete list of each instance in which drug therapy was modified and how such therapy was modified since the last report; and (6) Stipulate that each such patient must be notified that the pharmacist is authorized to modify drug therapy pursuant to protocol between the pharmacist and the physician. (c) A physician delegating the authority to modify drug therapy must be available through communications for consultation, assistance, and direction. A physician may only delegate the authority to modify drug therapy for a patient under the direct medical care and supervision of that physician. (d) An order delegating the authority to modify drug therapy under this Code section shall not be valid for more than two years from the date such order was issued. (e) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs under Code Section 26-4-81. (f) Nothing in this Code section shall be construed to prohibit hospital pharmacists from participating in drug therapy management by protocol or other legal authority established or approved by a member of the hospital medical staff for the care and treatment of hospital patients.
43-34-26.3 43-34-25. (a) As used in this Code section, the term:
(1) 'Advanced practice registered nurse' shall have the same meaning as provided in paragraph (1.1) of Code Section 43-26-3. (2) 'Birthing center' means a facility or building where human births occur on a regular or ongoing basis and which is classified by the Department of Community Health as a birthing center. (3) 'Controlled substance' means any controlled substance as defined in Code Section 16-13-21 but shall not include any Schedule I controlled substance included in Code Section 16-13-25 or any Schedule II controlled substance included in Code Section 16-13-26. (4) 'Dangerous drug' means any dangerous drug as defined in Code Section 16-13-71. (5) 'Delegating physician' means a physician who has entered into a nurse protocol agreement pursuant to this Code section. (6) 'Diagnostic study' means a laboratory test, X-ray, ultrasound, or procedure used to identify a characteristic or distinguishing feature of a particular disease or condition. (7) 'Drug' means any dangerous drug or controlled substance. (8) 'Free health clinic' shall have the same meaning as provided in Code Section 511-29.4. (9) 'Life threatening' means an emergency situation in which a patient's life or physical well-being will be harmed if certain testing is not performed immediately. (10) 'Nurse protocol agreement' means a written document mutually agreed upon and signed by an advanced practice registered nurse and a physician, by which document the physician delegates to that advanced practice registered nurse the authority to perform certain medical acts pursuant to this Code section, and which acts may

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include, without being limited to, the ordering of drugs, medical devices, medical treatments, diagnostic studies, or in life-threatening situations radiographic imaging tests. Such agreements shall conform to the provisions set forth in subsection (c) of this Code section. (11) 'Order' means to prescribe pursuant to a nurse protocol agreement which drug, medical device, medical treatment, diagnostic study, or in life-threatening situations radiographic imaging test is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically. (12) 'Physician' means a person licensed to practice medicine under this chapter article and:
(A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the location where the nurse protocol agreement is being utilized within this state. (13) 'Prescription drug order' means a written or oral order of an advanced practice registered nurse for a drug or medical device for a specific patient. Such term includes an electronic visual image prescription drug order and an electronic data prescription drug order. (14) 'Professional sample' means a complimentary dose of a drug, medication, medication voucher, or medical device provided by the manufacturer for use in patient care. (15) 'Radiographic imaging test' means a computed tomography, magnetic resonance imaging, positron emission tomography, or nuclear medicine. (b) In addition to and without limiting the authority granted pursuant to Code Section 43-34-26.1 43-34-23, a physician may delegate to an advanced practice registered nurse in accordance with a nurse protocol agreement the authority to order drugs, medical devices, medical treatments, diagnostic studies, or, in life-threatening situations, radiographic imaging tests. (c) A nurse protocol agreement between a physician and an advanced practice registered nurse pursuant to this Code section shall: (1) Be between an advanced practice registered nurse who is in a comparable specialty area or field as that of the delegating physician; (2) Contain a provision for immediate consultation between the advanced practice registered nurse and the delegating physician; if the delegating physician is not available, the delegating physician for purposes of consultation may designate another physician who concurs with the terms of the nurse protocol agreement; (3) Identify the parameters under which delegated acts may be performed by the advanced practice registered nurse, including without limitation the number of refills which may be ordered, the kinds of diagnostic studies which may be ordered, the extent to which radiographic image tests may be ordered, and the circumstances under which a prescription drug order may be executed. In the event the delegating physician authorizes the advanced practice registered nurse to order an X-ray, ultrasound, or radiographic imaging test, the nurse protocol agreement shall contain

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provisions whereby such X-ray, ultrasound, or radiographic imaging test shall be read and interpreted by a physician who is trained in the reading and interpretation of such tests; a report of such X-ray, ultrasound, or radiographic imaging test may be reviewed by the advanced practice registered nurse; and a copy of such report shall be forwarded to the delegating physician, except that such provision for an ultrasound shall not be required for an advanced practice registered nurse acting within his or her scope of practice as authorized by Code Sections 43-26-3 and 43-26-5; (4) Require documentation either in writing or by electronic means or other medium by the advanced practice registered nurse of those acts performed by the advanced practice registered nurse which are specific to the medical acts authorized by the delegating physician; (5) Include a schedule for periodic review by the delegating physician of patient records. Such patient records review may be achieved with a sampling of such records as determined by the delegating physician; (6) Provide for patient evaluation or follow-up examination by the delegating physician or other physician designated by the delegating physician pursuant to paragraph (2) of this subsection, with the frequency of such evaluation or follow-up examination based on the nature, extent, and scope of the delegated act or acts as determined by the delegating physician in accordance with paragraph (3) of this subsection and accepted standards of medical practice as determined by the board; (7) Be reviewed, revised, or updated annually by the delegating physician and the advanced practice registered nurse; (8) Be available for review upon written request to the advanced practice registered nurse by the Georgia Board of Nursing or to the physician by the board; and (9) Provide that a patient who receives a prescription drug order for any controlled substance pursuant to a nurse protocol agreement shall be evaluated or examined by the delegating physician or other physician designated by the delegating physician pursuant to paragraph (2) of this subsection on at least a quarterly basis or at a more frequent interval as determined by the board. (d) A written prescription drug order issued pursuant to this Code section shall be signed by the advanced practice registered nurse and shall be on a form which shall include, without limitation, the names of the advanced practice registered nurse and delegating physician who are parties to the nurse protocol agreement, the patient's name and address, the drug or device ordered, directions with regard to the taking and dosage of the drug or use of the device, and the number of refills. A prescription drug order which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-480, respectively. (e) An advanced practice registered nurse may be authorized under a nurse protocol agreement to request, receive, and sign for professional samples and may distribute professional samples to patients. The office or facility at which the advanced practice registered nurse is working shall maintain a list of the professional samples approved by the delegating physician for request, receipt, and distribution by the advanced

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practice registered nurse as well as a complete list of the specific number and dosage of each professional sample and medication voucher received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal laws and regulations. (f) A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician or advanced practice registered nurse to be a party to a nurse protocol agreement as a condition for participation in or reimbursement from such entity. (g) A delegating physician may not enter into a nurse protocol agreement pursuant to this Code section with more than four advanced practice registered nurses at any one time, except this limitation shall not apply to an advanced practice registered nurse that is practicing:
(1) In a hospital licensed under Title 31; (2) In any college or university as defined in Code Section 20-8-1; (3) In the Department of Human Resources; (4) In any county board of health; (5) In any free health clinic; (6) In a birthing center; (7) In any entity:
(A) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, and primarily serves uninsured or indigent Medicaid and medicare patients; or (B) Which has been established under the authority of or is receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act; (8) In any local board of education which has a school nurse program; or (9) In a health maintenance organization that has an exclusive contract with a medical group practice and arranges for the provision of substantially all physician services to enrollees in health benefits of the health maintenance organization. (h) Nothing in this Code section shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist duly licensed under Chapter 4 of Title 26 who, in good faith, fills a prescription drug order of an advanced practice registered nurse issued pursuant to a nurse protocol agreement. (i) Nothing in this Code section shall be construed to apply to the practice of a certified registered nurse anesthetist. (j) Nothing in this Code section shall be construed to require an advanced practice registered nurse to be a party to a nurse protocol agreement in order to practice as a registered professional nurse or an advanced practice registered nurse as otherwise permitted by Article 1 of Chapter 26 of this title. (k) Nothing in this Code section shall be construed to authorize an advanced practice registered nurse to issue a prescription drug order for a Schedule I or II controlled substance or authorize refills of any drug for more than 12 months from the date of the

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original order except in the case of oral contraceptives, hormone replacement therapy, or prenatal vitamins which may be refilled for a period of 24 months. (l) Nothing in this Code section shall be construed to allow an advanced practice registered nurse to perform an abortion or to administer, prescribe, or issue a drug order that is intended to cause an abortion to occur pharmacologically. (m) The board shall have the authority to promulgate rules and regulations governing a delegating physician in order to carry out the intents and purposes of this Code section. Further, the board shall be authorized to:
(1) Require that a nurse protocol agreement shall be filed by the delegating physician with the board within a reasonable time from the date of execution; (2) Determine, after review of a filed nurse protocol agreement, if such nurse protocol agreement fails to meet accepted standards of medical practice as established by the board; and (3) Require the delegating physician to amend any such noncompliant nurse protocol agreement in order to meet such accepted standards. (n) Except for practice settings identified in paragraph (7) of subsection (g) of this Code section, it shall be unlawful for a physician to be an employee of an advanced practice registered nurse, alone or in combination with others, if the physician is required to supervise the employing advanced practice registered nurse. Such conduct shall be subject to sanctions by the Georgia Board of Nursing as to the advanced practice registered nurse and the board as to the physician. (o) An advanced practice registered nurse shall be allowed to make a pronouncement of death pursuant to authority delegated by the supervising physician of the advanced practice registered nurse and to certify such pronouncement in the same manner as a physician.
43-34-27. 43-34-26. (a)(1)(A) Any person who wishes to obtain the right to practice medicine in this state and who was not, prior to March 16, 1970, registered or licensed to practice medicine, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, before it shall be lawful for him or her to practice medicine in this state, make application to the board through the executive director, upon such forms and in such manner as shall be adopted and prescribed by the board, and shall obtain from the board a license to practice medicine. Any person who practices medicine without first having obtained a license shall be deemed to have violated this chapter article. All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied by proof that the applicant is a graduate of one of the two colleges of medicine now existing in this state, or from some other legally incorporated medical college school or osteopathic college medical school.

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(B) The board by rule or regulation may establish standards and procedures for evaluating, inspecting, and approving any medical school or osteopathic college not already approved by it on or before March 16, 1970 medical school. The evaluation procedure may include consideration of reports from any outside agency having expertise in medical school or osteopathic college medical school evaluation; provided, however, that the board shall make the final decision on approval of medical schools and osteopathic colleges medical schools. Nothing contained in this Code section shall prevent the approval of medical schools outside of the United States or the licensing of graduates of medical schools outside of the United States if such schools and their graduates comply with the standards established in this Code section and by rule of the board. (2) Each medical school or osteopathic medical school in good standing with the board shall have a minimum preliminary educational requirement of the completion of a two-year premedical college course. (3) Graduates of board approved medical schools or osteopathic colleges medical schools and persons who are graduated on or before July 1, 1985, from medical schools or osteopathic colleges medical schools which are not approved by the board must complete one year of a board approved internship or postgraduate residency training program to be eligible to stand any regular examination given by the board for a license to practice medicine in this state. Persons who are graduated after July 1, 1985, from medical schools or osteopathic colleges medical schools which are not approved by the board must complete three years of internship, residency, fellowship, or other postgraduate medical training that is approved by the Accreditation Council for Graduate Medical Education (ACGME), the American Osteopathic Association (AOA), or the board to be eligible for a license to practice medicine in this state. Current certification of any applicant by a member board of the American Board of Medical Specialties may be considered by the board as evidence that such applicant's postgraduate medical training has satisfied the requirements of this paragraph. However, before any such person shall be eligible to receive a license to practice medicine in this state, he or she shall furnish the board with satisfactory evidence of attainments and qualifications under this Code section and the rules and regulations of the board. Nothing contained in this Code section shall be construed so as to require a person who has previously passed an examination given by the board for a license to practice medicine in this state to stand another examination. (3)(4) If the applicant submits proof that he or she has had postgraduate training as an intern or resident as required in paragraph (2)(3) of this subsection and if he or she furnishes satisfactory evidence of attainments and qualifications under this chapter article and the rules and regulations of the board, he or she shall be eligible to receive a license from the board giving him or her absolute authority to practice medicine in this state, provided that the board shall, before approving any internship program not already approved by it on or before March 16, 1970, evaluate or inspect such internship program and determine that such internship program meets the standards of programs approved by the board on or before March 16, 1970.

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(4)(5) If the date of graduation from an institution mentioned in subparagraph (B) of paragraph (1) of this subsection is on or before January 1, 1967, no proof of internship postgraduate training in an approved hospital need be submitted to obtain a license from the board. (b)(1) Students who have completed the academic curriculum in residence in a foreign medical school and who: (A) Have studied medicine at a medical school located outside of the United States, Puerto Rico, and Canada which is recognized by the World Health Organization approved by the board; and (B) Have completed all of the formal requirements of the foreign medical school except internship or social service any postgraduate training equivalent may substitute for the internship or social service postgraduate training equivalent required by a foreign country an academic year of supervised clinical training (clinical clerkship) prior to entrance into the first year of American Medical Association approved graduate education. The supervised clinical training must be under the direction of a medical school approved by the liaison committee on medical education. (2) Before beginning the supervised clinical training, the students must have their academic records reviewed and approved by the medical schools supervising their clinical training and shall pass the Educational Council for Foreign Medical Graduates (ECFMG) qualifying examination. (3) Students who are judged by the sponsoring medical schools to have successfully completed the supervised clinical training shall be eligible to enter the first year of American Medical Association approved graduate training program without completing social service or internship obligations required by the foreign country and without obtaining Educational Council for Foreign Medical Graduates (ECFMG) certification. (c) Notwithstanding any other contrary provisions of this Code section, a person who has: (1) Completed the academic curriculum in residence in a nonapproved medical school, as specified in subsection (b) of this Code section; (2) Completed one year of supervised clinical training in a teaching hospital in Georgia that is approved by the board; (3) Satisfactorily completed one year of a board approved internship or residency training program in Georgia that is approved by the board; (4) Received a favorable letter of recommendation from the program director of such board approved internship or residency program; and (5) Satisfactorily completed components 1 and 2 of the Federation Licensing Examination (FLEX) shall be eligible to apply for a provisional license to practice medicine during the completion of such person's board approved internship or residency training program. Such provisional license, if approved by the board, shall allow the holder to practice medicine in a Health Professional Shortage Area designated as such by the United States Department of Health and Human Services, based on recommendations by the

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Department of Community Health. Such a provisional license shall not be approved pursuant to this subsection for more than two years and if the licensee leaves, quits, or is expelled from the approved residency program, the provisional license shall be deemed to be revoked. Such provisional license shall be issued only upon approval by the board and nothing contained in this subsection shall be construed to require the issuance of such license. (c) For any applicant who has not passed a board approved licensing examination or a board approved specialty board examination or recertification examination within seven years of the date of application, the board shall determine, by an evaluation program established by rule, such person's fitness to resume active status and may require the person to complete a period of evaluated clinical experience and successful completion of an examination. The board may also require a licensee or applicant who is subject to discipline pursuant to Code Section 43-34-9 to take and pass a clinical competency assessment or similar examination approved by the board as a condition of licensure. Nothing contained in this Code section shall be construed so as to require a person who has previously passed an examination approved by the board for a license to practice medicine in this state to stand another examination as a condition of renewal of a current unrestricted license. (d) The board may approve any examination or examinations that it deems must be passed in order to meet the requirements for licensure. Such examinations shall be in English. The board shall establish the passing score which all applicants for licensure shall meet or exceed. If an applicant fails for the third or any subsequent time any examination which is required to be passed in order to become a licensed practitioner in this state, the applicant shall not be eligible to retake any such examination until such applicant furnishes proof of having completed postgraduate one year of approved Accreditation Council for Graduate Medical Education (ACGME) training.
43-34-28. 43-34-27. Any qualified applicant who is an alien, except for graduates of accredited Canadian medical schools as approved by the board, must have resided in the United States for one year. All qualified applicants who are aliens and who shall comply with all other requirements of this chapter article shall be eligible to stand the examination provided for in this chapter article and, upon his or her successful completion thereof, shall be granted a license to practice medicine upon compliance with all other requirements prescribed as a prerequisite to the issuance of a license. Graduates of accredited Canadian medical schools, as approved by the board, are exempt from the residency requirement of one year in the United States and may be granted a license by endorsement of the Licentiate Medical Counsel of Canada (LMCC) examination without further examination if the board determines that the applicant substantially meets the qualifications required for licensure in this state.

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43-34-29. 43-34-28. 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 or the State Board of Osteopathic Examiners as of the date of such graduation; (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 has had the same training as is required for applicants for examination in paragraph (2) of subsection (a) of Code Section 43-3427, 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.
43-34-29.1 43-34-29. Notwithstanding any other law to the contrary, the board may issue, in its discretion, without examination, a teacher's license to licensed physicians of other states and foreign countries for the sole purpose of teaching or demonstrating medicine in a board approved medical college or its affiliated clinic in this state. If issued after January 1, 1999, a teacher's license shall be valid for up to two years and may only be renewed, at the board's discretion, for one additional year.
43-34-30. The board may grant a license without examination to an alien licensee of a board of another state which requires equal or higher qualifications for licenses, upon the same basis as such state reciprocates with this state, if such an applicant for a license has resided within the United States for at least one year.

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43-34-31. 43-34-30. Licensed physicians of other states and foreign countries may be permitted to enter this state for consultation with any licensed physician of this state. A physician from another state or from a foreign country shall not be permitted to establish offices in this state for the practice of his or her profession, either temporary or permanent, or practice under another physician's license, unless he or she obtains a license from the board. A license may be issued to a physician of another state or a foreign country by comity or reciprocity if the standards for medical licensure of such a state or foreign country equal those of this state, and after such state or foreign country agrees to license physicians of this state on a like basis, provided such agreements are not in conflict with this article.
43-34-31.1 43-34-31. (a) A person who is physically located in another state or foreign country and who, through the use of any means, including electronic, radiographic, or other means of telecommunication, through which medical information or data is are transmitted, performs an act that is part of a patient care service located in this state, including but not limited to the initiation of imaging procedures or the preparation of pathological material for examination, and that would affect the diagnosis or treatment of the patient is engaged in the practice of medicine in this state. Any person who performs such acts through such means shall be required to have a license to practice medicine in this state and shall be subject to regulation by the board. Any such out-of-state or foreign practitioner shall not have ultimate authority over the care or primary diagnosis of a patient who is located in this state. (b) This Code section shall not apply to:
(1) The acts of a doctor of medicine or doctor of osteopathy osteopathic medicine located in another state or foreign country who:
(A) Provides consultation services at the request of a physician licensed in this state; and (B) Provides such services on an occasional rather than on a regular or routine basis; (2) The acts of a physician or osteopath osteopathic physician licensed in another state or foreign country who: (A) Provides consultation services in the case of an emergency; (B) Provides consultation services without compensation, remuneration, or other expectation thereof; or (C) Provides consultation services to a medical school which is located within this state and approved by the board; or (3) The acts of a physician or osteopath osteopathic physician located in another state or foreign country when invited as a guest of any medical school or osteopathic medical school approved by the board or a state medical society or component thereof, for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations, provided that such physician or osteopath osteopathic

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physician is licensed to practice medicine or osteopathy osteopathic medicine in the state or foreign country in which he or she is located. (c) This Code section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting or in a manner not otherwise authorized by the laws of this state. (d) All persons subject to the provisions of this Code section shall be required to comply with all applicable requirements of the laws of this state relating to the maintenance of patient records and the confidentiality of patient information, regardless of where such physician or health care provider may be located and regardless of where or how the records of any patient located in this state are maintained.
43-34-32. The executive director, with the approval of the president chairperson of the board, may in his or her discretion issue a temporary license to an applicant, which license shall have the same force and effect as a permanent license until the next regular meeting of the board when the temporary license shall become void. A temporary license shall not be recorded.
43-34-33. (a) Notwithstanding any other law to the contrary, any person who has resided in the United States for one year, who is a graduate of a school accredited and approved as provided in Code Section 43-34-27, and who is employed by this state in any state operated institution, or who is employed by any state medical college approved by the board may upon the request of the superintendent of such state institution or the dean of such medical college employing the physician be granted an institutional license authorizing such physician to practice medicine, under proper medical supervision in accordance with this Code section, in the state institution or medical college employing the licensee under exceptional circumstances the board may consider applications from institutions on behalf of physicians who are graduates of international medical schools who the institution wishes to employ but who do not have independent licenses to practice medicine in the State of Georgia. The board shall review the credentials of physicians to ensure that they have adequate training and experience and have confirmation of supervisory oversight of any such physician, prior to awarding any such institutional license. The institutional license shall be jointly awarded to the institution and the physician, indicating that the license to practice medicine is limited to that institution and under proper medical supervision in accordance with this Code section. The institutional license may be renewable biennially, so long as the licensee remains in the employ of the state institution or medical college requesting the license, provided that such institutional license shall not be prima-facie evidence that the holder thereof meets the minimum basic requirements for examination by the board or for the issuance of a permanent license to practice medicine. (b) Any residency requirement may be waived at the discretion of the board if a job description is submitted to the board indicating that the applicants duties in one of the

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medical colleges in this state are strictly of a teaching nature as opposed to direct patient care. (c)(b) A person issued an institutional license pursuant to this Code section shall not engage in the private practice of medicine and shall not receive fees or any other remuneration from his or her patients. Persons practicing medicine pursuant to an institutional license issued in accordance with this Code section shall receive as their sole remuneration for the practice of medicine the salary and other remuneration paid by the institution. The license of any person who violates this Code section shall be subject to revocation by the board after notice and opportunity for hearing. (d)(c) Any physician applying for an institutional license who meets all other requirements of the board must also furnish documentation of one year of American Medical Association or American Osteopathic Association approved postgraduate training (internship or residency), or other training acceptable to the board. Any postgraduate training requirement may be waived for those physicians whose duties are strictly of a teaching nature in one of the medical colleges in this state. (e)(d) Institutional license holders shall not be permitted to apply for a Drug Enforcement Agency registration number to write prescriptions to be filled outside the institution. (f) On and after July 1, 1983, no institutional license may be granted to any person who previously had not been granted such a license. Any person first granted an institutional license before July 1, 1980, who holds an institutional license on July 1, 1983, may continue to renew that license biennially under the conditions otherwise specified in this Code section. Any person first granted an institutional license on or after July 1, 1980, who holds an institutional license on July 1, 1983, may continue to renew that license biennially under the conditions otherwise specified in this Code section, but these licenses shall expire July 1, 1985, and may not thereafter be renewed.
43-34-34. (a) The board, in its discretion, may issue a provisional license to an applicant who demonstrates to the board that he possesses all the qualifications and meets all requirements necessary to become a licensed practitioner in this state except for having passed any required examination. In such a case, the board may waive the examination requirement and grant a provisional license which shall be valid only so long as the applicant shall practice in the geographic locality specified upon such license. A practitioner so licensed shall annually renew his license and in doing so shall furnish such proof as the board may require to indicate that he has practiced in the geographic location specified upon such license, provided that any such provisional license shall expire 12 months after its issue and may be renewed for only one additional 12 month period following such expiration; provided, further, that a provisional license issued to a person serving on April 16, 1979, as a district health director or as a director of a county board of health shall be renewable annually without such one-time-only renewal limitation, as long as such person continues to meet the other requirements specified in this Code section and continues to serve in such position. The board shall not issue any

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such provisional license unless it determines, in its discretion, that there is an unfulfilled need for such medical services in the locality specified. (b) Notwithstanding subsection (a) of this Code section, a provisional license issued to a A person who held a valid provisional license on or before April 16, 1979, shall be renewable able to renew such license annually without any one-time-only renewal limitation, as long as such person continues to meet the other requirements specified in this Code section article and does not otherwise violate this article. (c) If a license applicant fails, for the third or any subsequent time, any examination which is required to be passed in order to become a licensed practitioner in this state, the applicant shall not be eligible to retake any such examination until such applicant furnishes proof of having completed one year of appropriate education and training as approved by the board. (d) The board shall have the power to promulgate such rules and regulations as may be necessary to implement the intent of this Code section.
43-34-35. (a) The board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and qualifications under this chapter article and the rules and regulations of the board. Such license shall give absolute authority to the person to whom it is issued to practice medicine in this state unless restricted as otherwise authorized by law. (b) It shall be the duty of the executive director, under the direction of the board, to aid in the enforcement of this chapter and in the prosecution of all persons charged with violations of its provisions. (c) Every person holding a license issued by the board under this article shall display it in a conspicuous place in the licensee's principal place of practice.
43-34-36. Before any person who obtains a license from the board may lawfully practice medicine, he shall cause the license to be recorded in the office of the clerk of the superior court of the county in which he resides. The license shall be recorded by the clerk in a book kept for that purpose and shall be indexed in the name of the person to whom the license is granted. The clerk's fee for recording the license shall be the same as for recording a deed. The clerk shall make a report to the executive director, on December 31 of each year, of all licenses registered with him. Each applicant receiving a license from the board shall cause the same to be registered within 30 days.
43-34-39. In all cases wherein a license has been revoked and no appeal has been entered within the time allowed by law, it shall be the duty of the executive director, immediately after the expiration of the time allowed for appeal, to transmit to the clerk of the superior court in whose office the revoked license is recorded a copy of the order of the board revoking the license, certified by the executive director, with the appropriate fee; and it

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shall be the duty of the clerk to cancel the record of the license by entering upon the face thereof a copy of the certified order. In a case in which appeal proceedings are had and not sustained, the revoked license shall be canceled in the manner above provided, immediately after the final termination of such case.
43-34-40 43-34-36. The board is authorized to pass upon the good standing and reputation of any medical school or osteopathic college medical school. Only such medical schools or osteopathic colleges medical schools will be considered in good standing as that possess a full and complete faculty for the teaching of medicine, surgery, and obstetrics in all their branches; that afford their students adequate clinical and hospital facilities; that have adequate curricula as determined by the board in its discretion; that fulfill all their published promises, requirements, and other claims respecting advantages to their students and the course of instruction; that exact a preliminary educational requirement equal to that specified by this chapter article; that require students to furnish testimonials of good moral standing; and that give advanced standing only on cards from accredited medical schools or osteopathic colleges medical schools. In determining the reputation of the medical school or osteopathic college medical school, the right to investigate and make a personal inspection of the same is authorized.
43-34-41. Each medical or osteopathic school or college in good standing with the board shall have a minimum preliminary educational requirement of the completion of a two-year premedical college course.
43-34-42. 43-34-37. (a) Physicians and surgeons licensed to practice medicine in accordance with and under this article shall be the only persons authorized to administer or perform artificial insemination upon any female human being. Any other person or persons who shall attempt to administer or perform or who shall actually administer or perform artificial insemination upon any female human being shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the penitentiary for not less than one year nor more than five years. (b) Any physician or surgeon who obtains written authorization signed by both the husband and the wife authorizing him to perform or administer artificial insemination shall be relieved of civil liability to the husband and wife or to any child conceived by artificial insemination for the result or results of said artificial insemination, provided that the written authorization provided for in this Code section shall not relieve any physician or surgeon from any civil liability arising from his own negligent administration or performance of artificial insemination.

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43-34-42.1 43-34-38. (a) This Code section shall be known and may be cited as the 'Access to Medical Treatment Act.' (b) Notwithstanding any other provision of law, and except as provided in subsection (c) of this Code section, an individual shall have the right to be treated for any illness or disease which is potentially life threatening or chronically disabling by a person licensed to practice medicine under this article with any experimental or nonconventional medical treatment that such individual desires or the legal representative of such individual authorizes if such person licensed to practice medicine under this article has personally examined such individual and agrees to treat such individual. (c) A person licensed to practice medicine under this article may provide any medical treatment to an individual described in subsection (b) of this Code section if:
(1) There is no reasonable basis to conclude that the medical treatment itself, when administered as directed, poses an unreasonable and significant risk of danger to such individual; and (2) The person licensed to practice medicine under this article has provided the patient with a written statement and an oral explanation, which the patient has acknowledged by the patient's signature or the signature of the patient's legal representative, that discloses the facts regarding the nature of the treatment, specifically including that the treatment offered is experimental or nonconventional, that the drug or medical device has not been approved by the Food and Drug Administration for any indication, as well as the material risks generally recognized by reasonably prudent physicians of such treatment's side effects. (d) The treatment of patients in compliance with this Code section by a person licensed to practice medicine under this article shall not by itself constitute unprofessional practice or conduct.
43-34-43 43-34-39. In addition to any other remedy or criminal prosecution, whenever it shall appear to the board that any person, firm, company, partnership, association, or corporation or the agent, officer, or director of such firm, company, partnership, association, or corporation is or has been violating any of the provisions of this chapter article or any of the laws of the state relating to the practice of medicine, the board may, on its own motion or on the verified complaint in writing of any person, file a complaint in its own name in the superior court having venue and jurisdiction over the parties, alleging the facts and praying for a temporary restraining order and an injunction and permanent injunction against such person, firm, company, partnership, association, or corporation, including any agent, officer, or director of same, restraining him or her from violating such law. Upon proof thereof, the court shall issue such restraining order, injunction, and permanent injunction without requiring allegation or proof that the petitioner therefor has no adequate remedy at law. No restraining order or injunction, whether temporary, permanent, or otherwise, shall be granted without a hearing after at least ten

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days' notice. It is declared that such violation of this chapter article is a menace and a nuisance dangerous to the public health, safety, and welfare.
43-34-44 43-34-40. Any person who shall buy, sell, or fraudulently obtain any diploma, license, record, or registration to practice osteopathy osteopathic medicine, illegally obtained or signed, or issued unlawfully or under fraudulent representation; or who shall use any of the forms or letters, 'Osteopathy,' 'Osteopath,' 'Osteopathist,' 'Diplomate in Osteopathy,' 'D.O.,' 'D.Sc.O.,' 'Osteopathic Physician,' 'Doctor of Osteopathy,' or any other title or letters, either alone or with other qualifying words or phrases, under such circumstances as to induce the belief that the person who uses such term or terms is engaged in the practice of osteopathy osteopathic medicine, or anyone who shall hold himself or herself out as practicing any other nondrug-giving school of medical practice, without having complied with this article, shall be guilty of a misdemeanor felony.
43-34-45. Any person who, by fraud or misrepresentation, shall practice, pretend to practice, or use the science of osteopathy or other nondrug-giving school of medical practice in treating diseases of the human body shall be guilty of a misdemeanor.
43-34-45.1 43-34-41. (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 shall issue a special license to qualifying physicians under the terms and conditions set forth in this Code section. The special license 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 persons that 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

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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 shall 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 such person must document such compliance before a special license is issued.
(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. (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.
43-34-46 43-34-42. (a) Any person who practices medicine without complying with this article or who otherwise violates any provision of this article shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 per each violation or by imprisonment from two to five years, or both. (b) Any person presenting or attempting to file as his or her own the diploma or certificate or credentials of another, or who shall give false or forged evidence of any kind to the board or any member thereof in connection with an application for a license to practice medicine, or who shall practice medicine under a false or assumed name, or who shall falsely impersonate any other practitioner of a like or different name shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 $5,000.00 or by imprisonment from two to five years, or both.
43-34-47 43-34-43. (a) As used in this Code section, the term:

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(1) 'Program director' means a physician licensed in this state who is responsible for screening, selecting, and supervising physicians enrolled in one or more of an institution's postgraduate training programs. (2) 'Temporary postgraduate training permit' means a permit issued by the board to a graduate of a board approved medical school or osteopathic medical school who is enrolled in a postgraduate training program deemed acceptable by the board and who does not currently hold a full and unrestricted license in this state. (3) 'Training institution' means an institution that sponsors and conducts a postgraduate training program approved by the Accreditation Council for Graduate Medical Education (ACGME), the American Osteopathic Association (AOA), or other program approved by the board for the training of interns, residents, or postresidency fellows including Canadian schools. (b)(1) An individual seeking to pursue postgraduate medical training in this state who does not hold a license to practice medicine issued under this chapter article shall apply to the board for a temporary postgraduate training permit. The application shall be made on forms that the board shall furnish and shall be accompanied by the application and permit fees set by the board. Such application shall include the following:
(A) Evidence satisfactory to the board that the applicant has been accepted or appointed to participate at a training institution in this state in one of the following:
(i) An internship or residency program accredited by either the Accreditation Council for Graduate Medical Education or the American Osteopathic Association; or (ii) A clinical fellowship program at an institution with a residency program accredited either by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association that is in a clinical field the same as or related to the clinical field of the fellowship program; (B) Information satisfactory to the board that identifies the beginning and ending dates of the period for which the applicant has been accepted or appointed to participate in the internship, residency, or clinical fellowship program; and (C) Any other information that the board requires. Nothing in this Code section shall prohibit an individual from obtaining a full and unrestricted license to practice medicine under this article. (2) If the applicant meets the requirements of paragraph (1) of this subsection, the board shall issue a temporary postgraduate training permit to the applicant. A temporary postgraduate training permit issued pursuant to this subsection shall be valid only for a period of one year but may, in the discretion of the board and upon application duly made and payment of the renewal fee required by the board, be renewed annually for the duration of the postgraduate training program for a period not to exceed seven years. The board shall maintain a registry of all individuals who hold temporary postgraduate training permits. (3) The holder of a valid temporary postgraduate training permit shall be entitled to perform such acts as may be prescribed by or incidental to the holder's postgraduate

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residency training program, but the holder shall not be entitled otherwise to engage in the practice of medicine in this state. The holder shall train only under the supervision of the physicians responsible for supervision as part of the postgraduate training program. The temporary postgraduate training permit shall authorize the person receiving the permit to practice in facilities affiliated with the postgraduate training program only if such practice is part of the training program. (4) Prior to participating in a postgraduate medical training program in this state, individuals must either hold a license to practice medicine or a temporary postgraduate training permit issued by the board or have applied for a temporary postgraduate training permit. The board shall issue temporary postgraduate training permits to applicants meeting the board's qualifications within 30 days of receipt by the board of the application. (5) A temporary postgraduate training permit issued pursuant to this Code section shall expire upon the permit holder's withdrawal or termination from, or completion of, the postgraduate training program or upon obtaining a license to practice medicine under this article. (6) The board shall have the authority to discipline the holder of a temporary postgraduate training permit in the same manner and based upon any ground or violation enumerated in Code Sections 43-1-19 and 43-34-37 Section 43-34-8. (7) By obtaining a temporary postgraduate training permit, the permit holder consents to the release of information pursuant to subsection (d) of this Code section from program directors and supervising physicians and authorizes the president chairperson of the board to be an agent for service. (c)(1) The board shall have the authority to refuse to issue or renew or to suspend, revoke, or limit a temporary postgraduate training permit based upon any of the grounds or violations enumerated in Code Sections 43-1-19 and 43-34-37 Section 4334-8. (2) The refusal, suspension, revocation, or limitation of a temporary postgraduate training permit shall not be deemed to be a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and notice and a hearing within the meaning of such chapter shall not be required. The individual or permit holder shall be allowed to appear before the board if he or she so requests regarding such refusal, suspension, revocation, or limitation. (d)(1) It is the responsibility of the program director for the training program to notify the board upon the permit holder's withdrawal or termination from, or completion of, the postgraduate training program. (2) Program directors shall comply with all other reporting requirements which the board by rule and regulation may require. (3) Failure to comply with the board's reporting requirements shall be grounds for disciplinary action by the board. (e) The board may adopt such rules and regulations as necessary to effect the purpose of this Code section.

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43-34-44. Nothing in this article shall be construed to prohibit the performance by medical assistants of medical tasks, including subcutaneous and intramuscular injections; obtaining vital signs; administering nebulizer treatments; or other tasks approved by the board pursuant to rule, if under the supervision by a physician in his or her office; provided, however, that this shall not require on-site supervision at all times, or the performance by medical assistants of medical tasks ordered by a physician assistant or advanced practice registered nurse delegated the authority to issue such an order in accordance with law and pursuant to rules of the board.
43-34-45. (a) As used in this Code section, the term:
(1) 'Polysomnography' means the treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders. Polysomnography includes, but is not limited to, the process of analysis, monitoring, and recording of physiologic data during sleep and wakefulness to assist in the treatment of disorders, syndromes, and dysfunctions that are sleep related, manifest during sleep, or disrupt normal sleep activities. Polysomnography also includes, but is not limited to, the therapeutic and diagnostic use of low-flow oxygen, the use of positive airway pressure including continuous positive airway pressure (CPAP) and bi-level modalities, adaptive servo-ventilation, and maintenance of nasal and oral airways that do not extend into the trachea. (2) 'Polysomnographic technologist' means any person performing polysomnography services under the supervision of a person licensed under this article. (3) 'Supervision' means that the supervising physician licensed under this article shall remain available, either in person or through telephonic or electronic means, at the time that polysomnography services are provided. (b) A physician may delegate tasks involving polysomnography to a polysomnographic technologist without regard to whether such technologist is certified or licensed as a respiratory care therapist under Article 6 of this chapter. (c) Nothing in this Code section shall be construed to: (1) Permit the practice of medicine as defined in this article by polysomnographic technologists; (2) Prohibit a health care provider licensed in this state from engaging in the practice for which he or she is licensed, including, but not limited to, respiratory care professionals certified under Article 6 of this chapter; or (3) Authorize a polysomnographic technologist to treat, manage, control, educate, or care for patients other than those with sleep or wake disorders or to provide diagnostic testing for patients other than those with suspected sleep or wake disorders.
ARTICLE 3

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43-34-60. This article shall be known and may be cited as the 'Acupuncture Act of Georgia.'
43-34-61. The General Assembly finds and declares that the practice of acupuncture in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control.
43-34-62. As used in this article, the term:
(1) 'Acupuncture' means a form of therapy developed from traditional and modern Oriental concepts for health care that employs Oriental medical techniques, treatment, and adjunctive therapies for the promotion, maintenance, and restoration of health and the prevention of disease. (2) 'Auricular (ear) detoxification therapy' means the insertion of disposable acupuncture needles into the five auricular acupuncture points stipulated by the National Acupuncture Detoxification Association protocol for the sole purpose of treatment of chemical dependency. (3) 'Board' means the Georgia Composite State Medical Board of Medical Examiners created by Code Section 43-34-21. (4) 'Practice of acupuncture' means the insertion of disposable acupuncture needles and the application of moxibustion to specific areas of the human body based upon Oriental medical principles as a therapeutic modality. Dry needling is a technique of the practice of acupuncture. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, herbal, thermal, electrical, and electromagnetic treatment and the recommendation of dietary guidelines and exercise, but only if such treatments, recommendations, and exercises are based on concepts of traditional Oriental medicine and are directly related to acupuncture therapy.
43-34-63. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of acupuncture applicants and licensed acupuncturists under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees;

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(6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish continuing education requirements.
43-34-64. (a) Each applicant for a license to practice acupuncture shall meet the following requirements:
(1) Be at least 21 years of age; (2) Submit a completed application required by the board; (3) Submit any fees required by the board; (4) Be certified in acupuncture by a national certification agency accredited by the National Organization of Competency Assurance and approved by the board; (5) Have successfully completed a nationally recognized clean needle technique course approved by the board; and (6) Have obtained professional liability insurance in the amount of at least $100,000.00/$300,000.00.; (7) Have passed an acupuncture examination offered by an organization accredited by the National Organization of Competency Assurance and approved by the board; and (8) Have successfully completed a degree in acupuncture or a formal course of study and training in acupuncture. The applicant shall submit documentation satisfactory to the board to show that such education or course of study and training was:
(A) Completed at a school that is accredited by the Accreditation Commission for Acupuncture and Oriental Medicine (ACAOM) or other accrediting entity approved by the board: or (B) Completed by means of a program of acupuncture study and training that is substantially equivalent to the acupuncture education offered by an accredited school of acupuncture approved by the board. (b) Reserved. (c) Before any person licensed to practice acupuncture under this article, who has less than one year of postgraduate clinical experience, may practice on his or her own, such person must engage in one year of active practice under the supervision of a licensed acupuncturist with a minimum of four years active licensed clinical practice. Such supervising acupuncturist may be licensed in Georgia or any other state or country with licensing requirements substantially equal to Georgia's licensing requirements and may accumulate the required four years of active licensed clinical practice in any combination of states so long as the licensing requirements of such other states or countries are substantially equal to Georgia's licensing requirements. (d) Each applicant for a license to perform auricular (ear) detoxification therapy as an auricular (ear) detoxification technician shall meet the following requirements:

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(1) Be at least 21 years of age; (2) Submit a completed application required by the board; (3) Submit any fees required by the board; (4) Have successfully completed a nationally recognized training program in auricular (ear) detoxification therapy for the treatment of chemical dependency as approved by the board; and (5) Have successfully completed a nationally recognized clean needle technique course approved by the board. (e) The practice of auricular (ear) detoxification therapy may take place in a city, county, state, federal, or private chemical dependency program approved by the board under the direct supervision of a licensed acupuncturist or a person authorized to practice acupuncture by the board who is also authorized to practice medicine under Article 2 of this chapter.
43-34-65. After evaluation of an application and other evidence submitted by an applicant, the board shall notify such applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If an application is rejected, the notice shall state the reasons for rejection.
43-34-66. (a) Any document evidencing licensure issued by the board is the property of the board and must be surrendered on demand. (b) Every person who holds a license issued by the board in accordance with this article and who is engaged in the active practice of acupuncture or the active practice of auricular (ear) detoxification therapy as an auricular (ear) detoxification technician shall display the document evidencing licensure in an appropriate and public manner. (c) Every person who holds a license issued by the board shall inform the board of any change of address.
43-34-67. (a) A license issued under this article shall be renewed biennially if the person holding such license is not in violation of this article at the time of application for renewal and if the application fulfills current requirements of continuing education as established by the board. (b) Each person licensed under this article is responsible for renewing his or her license before the expiration date. (c) Under procedures and conditions established by the board, a license holder may request that his or her license be declared inactive. The licensee may apply for active status at any time and, upon meeting the conditions set by the board, shall be declared active.

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43-34-68. (a) Any person who undergoes acupuncture must consent to such procedure and shall be informed in general terms of the following:
(1) That the practice of acupuncture is based upon the Oriental arts and is completely distinct and different from traditional western medicine; (2) That the acupuncturist cannot practice medicine, is not making a medical diagnosis of the person's disease or condition, and that such person should see a physician if he or she wants to obtain a medical diagnosis; and (3) The nature and the purpose of the acupuncture treatment. (b) The board shall develop a standard informed consent form to be used by persons licensed under this article. Such informed consent form shall include the information set forth in subsection (a) of this Code section as well as any other and additional information the board deems appropriate. The information set forth in the informed consent form shall be in language which is easy to read and readily understandable to the consuming public.
43-34-69. The board, in consultation with the advisory committee, may impose any sanction authorized under subsection (d) (b) of Code Section 43-1-19 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-1-19 43-34-8 or a finding that such conduct involved dividing or agreeing to divide a fee for acupuncture services with any person who refers a patient, notwithstanding that such board is not a professional licensing board.
43-34-70. The board shall appoint an acupuncture advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the include members of the acupuncture profession licensed to practice acupuncture under this article, persons licensed to practice medicine under Article 2 of this chapter who are acupuncturists, and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The charter acupuncture advisory committee may include persons eligible for licensing under this article. Subsequent acupuncture Acupuncture advisory committee members must be licensed pursuant to this article.
43-34-71. (a) Unless licensed under this article or exempted under subsection (b) of this Code section, no person shall:
(1) Practice acupuncture or auricular (ear) detoxification therapy; or (2) Represent himself or herself to be an acupuncturist or auricular (ear) detoxification specialist technician who is licensed under this article. (b) The prohibition in subsection (a) of this Code section does not apply to:

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(1) Any person licensed to practice medicine under Article 2 of this chapter; (2) The practice of acupuncture which is an integral part of the program of study by students enrolled in an acupuncture education program under the direct clinical supervision of a licensed acupuncturist with at least five years of clinical experience; or (3) The practice of acupuncture by any person licensed or certified to perform acupuncture in any other jurisdiction that has requirements equivalent to or more stringent than this article where such person is doing so in the course of regular instruction in an approved educational program of acupuncture or in an educational seminar of an approved professional organization of acupuncture, provided that in the latter case the practice is supervised directly by a person licensed to practice acupuncture pursuant to this article or an acupuncturist who is licensed to practice medicine under Article 2 of this chapter. (c) Any person violating subsection (a) of this Code section shall, upon conviction thereof, be guilty of a misdemeanor.
43-34-72. (a) The titles 'Licensed Acupuncturist' (L. Ac.) and 'Acupuncturist' may only be used by persons licensed under this article. (b) The title 'Auricular Detoxification Specialist Technician' (A.D.S.) (A.D.T.) may only be used by persons licensed to practice auricular (ear) detoxification therapy under this article. Possession of a license to practice as an A.D.S. A.D.T. does not by itself entitle a person to identify himself or herself as an acupuncturist. An auricular (ear) detoxification specialist technician is strictly limited to five ear points' treatment for detoxification for substance abuse, chemical dependency, or both. (c) No person licensed under this article may advertise or hold himself or herself out to the public as being authorized to practice medicine under Article 2 of this chapter.
ARTICLE 4
43-34-100. This article shall be known and may be cited as the 'Physician's Physician Assistant Act.'
43-34-101. (a) To alleviate the growing shortage and geographic maldistribution of health care services in this state, the General Assembly intends, by this article, to establish a new category of health care, namely, assistants to physicians, which category includes new types of health care personnel, as well as those persons licensed in presently established categories of health care recognize physician assistants and their role in addressing this growing health care shortage. (b) This article is intended to encourage the more effective utilization of the skills of physicians by enabling them to delegate health care tasks to such assistants where such

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delegation is consistent with the patient's health and welfare. Toward this end, the General Assembly intends to remove legal constraints which presently constitute unnecessary hindrances to the more effective delivery of health care services.
43-34-102. As used in this article, the term:
(1) 'Applicant' means an individual seeking licensure as a physician assistant pursuant to this article. (1)(2) 'Alternate supervising physician' means a physician to whom a board approved primary supervising physician has delegated the responsibility of supervising a physician's physician assistant who is licensed to that primary supervising physician and who agrees to supervise the physician's physician assistant for the primary supervising physician and who is on record with the board. (2)(3) 'Board' means the Georgia Composite State Medical Board of Medical Examiners as created by Code Section 43-34-21. (3) 'Carry out a prescription drug or device order' means to complete, on a form established and approved by the board, a written prescription drug order or a prescription device order pursuant to the authority delegated by a supervising physician. (4) 'Evaluation agency' means a public or private hospital, school, laboratory, clinic, federal or state institution or agency, or similar facility which has been approved by the board as possessing personnel and equipment and as having had practice in a health care field sufficient to be able to make an objective appraisal, in a manner prescribed by the board, of the proposed physician's assistant's qualifications to perform the tasks described in the job description. (5)(4) 'Job description' means a document, signed by the primary supervising physician and the physician's assistant whom the primary supervising physician is supervising, physician assistant, in which the primary supervising physician delegates to that physician assistant authority to perform certain medical acts and which describes the professional background and specialty of the primary supervising physician; and the qualifications, including related experience of the physician's physician assistant; and includes a general description of how the physician's physician assistant will be utilized in the practice. A job description shall not be required to contain every activity the physician deems the physician's physician assistant qualified to perform but shall confine the activities of the physician's physician assistant to those in the scope of practice of the primary supervising physician. (5) 'Order' means to prescribe pursuant to a job description which drug, medical device, medical treatment, or diagnostic study is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically. (6) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of this chapter.

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(7) 'Physician's Physician assistant' means a skilled person who is licensed to a supervising physician and who is qualified by academic and practical training to provide patients' services not necessarily within the physical presence but under the personal direction or supervision of the applying supervising physician. (8) 'Prescription drug order' means a written or oral order of a physician assistant for a drug or medical device for a specific patient. Such term includes an electronic visual image prescription drug order and an electronic data prescription drug order. (8)(9) 'Primary supervising physician' means the physician to whom the board licenses a physician's physician assistant pursuant to a board approved job description and who has the primary responsibility for supervising the practice of that physician's a physician assistant pursuant to that physician assistant's job description.
43-34-103. (a)(1) In order to obtain approval for the utilization of a person as a physician's assistant, whether the utilization is in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance of that assistant licensure as a physician assistant, an applicant shall submit an application to the board. Such application shall include: (1)(A) Evidence submitted by the proposed physician's assistant applicant of his or her good moral character; and (2)(B) Evidence of his or her competency in a health care area related to the job description which, as a minimum, shall include: (A)(i) Evidence of satisfactory completion of a training program approved by the board. If the applicant is not a graduate of an accredited school approved by the board, he or she shall be required to receive board approved refresher training and testing; (B) A finding by the board approved evaluation agency that the proposed physician's assistant is qualified to perform the tasks described in the job description; (C) Any nursing task by a student enrolled in a nursing program approved by the Georgia Board of Nursing where any such task is performed under the supervision of an authorized instructor lawfully licensed in this state to perform such tasks; and (D)(ii) Evidence that the person who is to be used as a physician's assistant has achieved a satisfactory score on an appropriate examination outlined, approved, or administered by the board applicant has passed the Physician Assistant National Certification Examination (PANCE) administered by the National Commission for the Certification of Physician Assistants (NCCPA), or its successor, or the National Association for the Certification of Anesthesia Assistants, (NACAA) or its successor. The board may issue a temporary permit to any applicant for licensure who has satisfied the provisions of subparagraphs (A) and (B) division (i) of this paragraph subparagraph and who is an applicant for the next available board approved or administered examination or who has completed this examination and is awaiting the

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results of such examination. The temporary permit shall expire upon notification of the applicant's failure to achieve a satisfactory score on the board approved or administered examination. A physician assistant licensed pursuant to this paragraph shall not be authorized to perform any medical acts of any sort except as approved for utilization by a physician in a job description pursuant to paragraph (2) of this subsection. The board may grant an inactive licensure status to a physician's physician assistant who is licensed pursuant to this article but who is not practicing with the supervision of a board approved primary supervising physician;. (2) In order to obtain approval for the utilization of a physician assistant, whether the utilization is in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance of such physician assistant shall submit an application to the board which shall include:
(i) Evidence that the physician assistant is licensed pursuant to paragraph (1) of this subsection; (3)(ii) A job description meeting the requirements of paragraph (5) (4) of Code Section 43-34-102; and (4)(iii) A fee, established by the board; provided, however, that no fee will be required if the physician's physician assistant is an employee of the state or a county government. (b)(1) No primary supervising physician shall have more than four physician's physician assistants licensed to him or her at a time; provided, however, that no physician may supervise more than two physician's physician assistants at any one time except as provided in paragraph (2) of this subsection. (2)(A) A physician may supervise as many as four physician's physician assistants at any one time while practicing in a group practice in which other physician members of such group practice are primary supervising physicians. (B) A physician may supervise as many as four physician's physician assistants at any one time while acting as an alternate supervising physician: (i) In an institutional setting such as a hospital or clinic; (ii) On call for a primary supervising physician or a group practice; or (iii) If otherwise approved by the board to act as an alternate supervising physician. (3) A primary supervising physician shall designate in writing to the board such other physicians who may serve as an alternate supervising physician for each physician's physician assistant licensed to such primary supervising physician. The board shall have authority to approve or deny such designations in whole or in part; provided, however, a physician may be listed as an alternate supervising physician for any number of physician's physician assistants so long as he or she only supervises as many physician's physician assistants at any one time as allowed by paragraph (2) of this subsection. (c)(1) At all times while providing patient services, a physician assistant shall have a signed job description submitted by his or her primary supervising physician and approved by the board.

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(2) Nothing in this article shall prevent a primary supervising physician from submitting to the board a new or amended physician assistant job description when a physician's assistant, by reason of further education or experience and successfully passing additional tests as shall be outlined and administered by the board, becomes capable of performing a wider range of medical tasks. (d) A physician's assistant shall be allowed to perform his duties only in the principal offices of the applying physicians, which shall be physician assistant is authorized to practice in those public or private places or health facilities where the applying supervising physician or alternate supervising physician regularly sees patients, provided that nothing in this article shall prohibit the rendering of services to a patient by a physician assistant who is not in the physical presence of the supervising physician or preclude a physician's physician assistant from making house calls and hospital rounds, performing hospital duties, serving as an ambulance attendant, or performing any functions performed authorized by the applying supervising physician which the physician's physician assistant is qualified to perform. (e) A physician's physician assistant may not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26, relating to pharmacists. (e.1)(1) In addition to and without limiting the authority granted by Code Section 4334-26.1 43-34-23, a physician may delegate to a physician's physician assistant in accordance with a job description, the authority to issue shall be allowed to carry out a prescription drug order or orders for any device as defined in Code Section 26-4-5, or to issue any dangerous drug as defined in Code Section 16-13-71, or any Schedule III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or prescription device order form as specified in paragraph (3) of this subsection, pursuant to the authority delegated by the supervising physician of that physician's assistant. Delegation of such authority shall be contained in the job description required by this Code section. The delegating physician shall remain responsible for the medical acts of the physician's physician assistant performing such delegated acts and shall adequately supervise the physician's physician assistant. If an existing job description for a physician's physician assistant does not contain such authority to carry out order a prescription drug or device order as provided by this subsection, that physician's physician assistant may not issue any such prescription drug or device order until a new job description delegating such authority is submitted to and approved by the board. Nothing in this Code section shall be construed to authorize the written prescription drug order of a Schedule I or II controlled substance. (2) Nothing in this subsection shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription drug or device order presented by a patient pursuant to this subsection. The pharmacist shall presume that the prescription drug or device order was issued by a physician's physician assistant duly licensed under this chapter article who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical

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agent prescribed by the physician's physician assistant is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary. (3) The physician's physician assistant shall only be authorized to exercise the rights granted under this subsection using a prescription drug or device order form which includes the name, address, and telephone number of the prescribing supervising or alternate supervising physician, the patient's name and address, the drug or device prescribed, the number of refills, and directions to the patient with regard to the taking and dosage of the drug. A prescription drug order which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-4-80, respectively. Such form shall be signed by the physician's assistant using the following language:
This prescription authorized through: (M.D. or D.O.) by (the physician's assistant) PHYSICIAN'S ASSISTANT. The name of the prescribing supervising physician shall be handwritten in the appropriate space by the physician's assistant on the prescription drug or device order form. Any form containing less information than that described in this paragraph shall not be offered to or accepted by any pharmacist who is duly licensed under Title 26. (4) The physician's physician assistant or office staff shall inform notify the patient that the patient has the right to see the physician prior to any prescription drug or device order being carried out issued by the physician's physician assistant. (5) Unless otherwise restricted by the board or a board approved job description, the physician's assistant shall not carry out a prescription drug or device order for more than a 30 day supply, except in cases of chronic illnesses where a 90 day supply may be ordered. The physician's assistant may authorize refills up to six months from the date of the original prescription drug or device order; provided, however, that refills may be authorized up to 12 months from the date of the original prescription drug or device order for oral contraceptives or other drugs or devices approved by the board. (5) Nothing in this Code section shall be construed to authorize a physician assistant to authorize refills of any drug for more than 12 months from the date of the original prescription drug or device order. (6) A supervising physician or alternate supervising physician shall personally reevaluate evaluate or examine, at least every three months, any patient receiving controlled substances or, at least every six months, any patient receiving other prescription drugs or devices. (7) In addition to the copy of the prescription drug or device order delivered to the patient, a record of such prescription shall be maintained in the physician's office patient's medical record in the following manner: (A) A copy of the prescription drug or device order shall be appended to or otherwise maintained in the patient's medical file The physician assistant carrying out a prescription drug or device order shall document such order either in writing or by electronic means; and

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(B) Except in facilities operated by the Division of Public Health of the Department of Human Resources, the The supervising physician shall countersign review the prescription drug or device order copy or and medical record entry for each prescription drug or device order orders issued within the past 30 days by the physician assistant. a reasonable time, not to exceed seven working days, unless such countersignature is required sooner by a specific regulation, policy, or requirement Such review may be achieved with a sampling of no less than 50 percent of such prescription drug or device order copies and medical record entries. (8) A physician's physician assistant is not permitted to prescribe drugs or devices except as authorized in the physician's physician assistant's job description and in accordance with this chapter article. (9) The board shall adopt rules establishing: (A) The content and use of prescription drug or device order forms; (B) Procedures procedures to evaluate an application for a job description containing the authority to carry out order a prescription drug or device order; and (C) A formulary of prescription drugs or devices which may or may not be included in a job description; (D) The maintenance and custody of records for prescription drug or device orders; (E) A minimum of three continuing medical education hours biennially in practice specific pharmaceuticals in which the physician's assistant has prescriptive order privileges; and (F) Any any other rules the board may deem deems necessary or appropriate to carry out the intent and purpose of this Code section or to protect the public welfare. (10) Nothing in this Code section is intended to repeal any rules established by the board relating to the requirements and duties of physician's physician assistants in remote practice sites. (11) A physician assistant authorized by a primary supervising physician to order controlled substances pursuant to this Code section is authorized to register with the federal Drug Enforcement Administration. (12) A physician assistant delegated the authority by the primary supervising physician to issue a prescription drug or device order shall be required to complete a minimum of three hours of continuing education biennially in practice specific pharmaceuticals in which the physician assistant has prescriptive order privileges. A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician to be a party to a job description as a condition for participation in or reimbursement from such entity. (e.2) A physician's physician assistant shall be allowed to request, receive, and sign for professional samples and may distribute professional samples to patients, pursuant to authority delegated by the supervising physician of that physician's physician assistant. Delegation of such authority shall be contained in the job description required by this Code section; provided, however, the office or facility at which the physician's physician assistant is working must maintain a list of professional samples approved by the supervising physician for request, receipt, and distribution by the physician's

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physician assistant as well as a complete list of the specific number and dosage of each professional sample received and dispensed. In addition to the requirements of this Code section, all professional samples shall be maintained as required by applicable state and federal law and regulations. As used in this subsection, the term 'professional samples' means complimentary doses of a drug, medication vouchers, or medical devices provided by the manufacturer for use in patient care. (f) A physician employed by the Department of Human Resources or by any institution thereof or by a local health department whose duties are administrative in nature and who does not normally provide health care to patients as such employee shall not be authorized to apply for or utilize the services of any physician's physician assistant employed by the Department of Human Resources or by any institution thereof or by a local health department. (g) Nothing in this article shall be construed to prohibit a physician's physician assistant from performing those acts the performance of which have been delegated to that physician's physician assistant pursuant to and in conformity with Code Section 4334-26.1 43-34-23. (h) A physician and a physician's physician assistant may enter into a temporary practice agreement exempt from any filing fees with the board by which agreement the physician supervises the services provided by the physician's physician assistant to patients at a specific facility or program operated by any organization exempt from federal taxes pursuant to Section 501(c)(3) of the federal Internal Revenue Code that provides 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, provided that:
(1) Such services are provided primarily to financially disadvantaged patients; (2) Such services are free or at a charge to the patient based solely on the patient's ability to pay and provided, further, that such charges do not exceed the actual cost to the facility or program; (3) The supervising physician and the physician's physician assistant voluntarily and gratuitously donate their services; (4) Prior to providing any patient services, a copy of the temporary practice agreement, signed by both the supervising physician and the physician's physician assistant, is on file at the facility or program and is sent to the board; (5) The temporary practice agreement is for a specified period of time, limits the services of the physician's physician assistant to those within the usual scope of practice of the supervising physician, and is signed by both the supervising physician and the physician's physician assistant prior to the physician's physician assistant providing patient services; and (6) The facility or program has notified the board of its intent to provide patient services and utilize licensed physicians and physician's physician assistants under the conditions set out in this subsection. (i)(1) Notwithstanding any provision of this article to the contrary, a physician's physician assistant licensed pursuant to this article or licensed, certified, or otherwise

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authorized to practice in any other state or federal jurisdiction and whose license, certification, or authorization is in good standing who responds to a need for medical care created by conditions which characterize those of a state of emergency or public health emergency may render such care that the physician's physician assistant is able to provide with such supervision as is available at the immediate scene or at the local site where such need for medical care exists or at a relief site established as part of a state or local safety plan established pursuant to Chapter 3 of Title 38. Such services shall be provided by a physician's physician assistant in response to the request of an appropriate state or local official implementing a state or local emergency management plan or program, and in accordance with applicable guidelines established by such officials or plans. The authority granted by this Code section shall last no longer than 48 hours or such time as the board may establish under guidelines for supervision of the physician's physician assistant rendering medical care. (2) For the purposes of this subsection, the term 'public health emergency' has the same meaning as in paragraph (6) of Code Section 38-3-3, and the term 'state of emergency' has the same meaning as in paragraph (7) of Code Section 38-3-3. (j) A physician assistant shall be allowed to make a pronouncement of death pursuant to authority delegated by the supervising physician of the physician assistant and to certify such pronouncement in the same manner as a physician. (k) It shall be unlawful for a physician to be an employee of a physician assistant, alone or in combination with others, if the physician is required to supervise the physician assistant; provided, however, that this shall not apply to arrangements of this nature which were approved by the board on or before July 1, 2009. Arrangements approved prior to such date are nontransferable. Such conduct shall be subject to sanctions by the board as to the physician and the physician assistant.
43-34-104. (a) Within a reasonable time after receipt of the documents required by Code Section 43-34-103 this article, the board shall give to the applicant written notice of approval or disapproval of the physician assistant's application; and, if approval of the application is given, the board shall issue to the assistant a license authorizing the assistant to perform medical tasks under the direction and supervision of the applying physician. (b) The board shall not approve an application unless it finds from the information forwarded with the application that the proposed physician's assistant is fully qualified to perform the tasks described in the job description and will be utilized in a manner that will not endanger the health and welfare of patients upon whom he may perform the described medical tasks applicant has complied with the requirements in this article.
43-34-105. On receipt of notice of the board's approval, a physician's physician assistant, under the direction of the applying physician, may perform the tasks described in the job description, provided that nothing in this Code section shall make unlawful the

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performance of a medical task by the physician's physician assistant, whether or not such task is specified in the general job description, when it is performed under the direct supervision and in the presence of the physician utilizing him or her.
43-34-106. Any physician, clinic, or hospital using a physician's physician assistant shall post a notice to that effect in a prominent place.
43-34-107. (a) The approval of a physician's utilization of a physician's physician assistant may be terminated and the license revoked by the board when, after due notice and a hearing, in accordance with this Code section, it shall find that the assistant is incompetent or has committed unethical or immoral acts, including, but not limited to, holding himself or herself out or permitting another to represent him or her as a licensed physician; performing otherwise than at the direction of a physician approved by the board to utilize the assistant's services; habitually using intoxicants or drugs to such an extent that he or she is unable safely to perform as an assistant to the physician; or being convicted in any court, state or federal, of any felony or other criminal offense involving moral turpitude. (b) Before the board shall give written notice to the physician's physician assistant of termination of approval granted by it to an assistant, it will give to the assistant a timely and reasonable written notice indicating the general nature of the charges, accusation, or complaint preferred against him and stating that the assistant will be given an opportunity to be heard concerning such charges or complaints; and it shall hold a public hearing within a reasonable time. Following such hearing, the board shall determine, on the basis of its regulations, whether the approval of the assistant shall be terminated. (c) In hearings held pursuant to this Code section, the board shall apply the rules of evidence as prescribed in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (d) The board may impose on a physician assistant any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8.
43-34-108. In addition to the powers specifically delegated to it in this article, the board shall have the authority to perform all acts which are necessary, proper, or incidental to the efficient development of the category of health care established by this article. The board shall have the authority to promulgate rules and regulations governing the definitions of delegation by physicians to qualified persons other than physician's physician assistants of any acts, duties, or functions which are permitted by law or established by custom. Any power vested by law in the board, but not implemented by specific provisions for the exercise thereof, may be executed and carried out by the

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board in a reasonable manner, pursuant to such rules, regulations, and procedures as the board may adopt and subject to such limitations as may be provided by law.
43-34-109. If a patient receives medical services from a physician assistant more than two times in a 12 month period, the primary or alternate supervising physician shall see such patient on no less than one following visit by the patient during the same 12 month period.
43-34-110. Nothing in this article shall be construed to allow a physician assistant to perform an abortion or to administer, prescribe, or issue a drug order that is intended to cause abortion to occur pharmacologically.
ARTICLE 5
43-34-120. This article shall be known and may be cited as the 'Controlled Substances Therapeutic Research Act.'
43-34-121. (a) The General Assembly finds and declares that the potential medicinal value of marijuana has received insufficient study due to a lack of financial incentives for the undertaking of appropriate research by private drug manufacturing concerns. Individual physicians cannot feasibly utilize marijuana in clinical trials because of federal governmental controls which involve expensive, time-consuming approval and monitoring procedures. (b) The General Assembly further finds and declares that limited studies throughout the nation indicate that marijuana and certain of its derivatives possess valuable and, in some cases, unique therapeutic properties, including the ability to relieve nausea and vomiting which routinely accompany chemotherapy and irradiation used to treat cancer patients. Marijuana also may be effective in reducing intraocular pressure in glaucoma patients who do not respond well to conventional medications. (c) The General Assembly further finds and declares that, in enabling individual physicians and their patients to participate in a state-sponsored program for the investigational use of marijuana and its derivatives, qualified physicians and surgeons throughout the state will be able to study the benefits of the drug in a controlled clinical setting, and additional knowledge will be gained with respect to dosage and effects. (d) It is the intent of the General Assembly in enacting this article to permit research into the therapeutic applications of marijuana and its derivatives in cancer and glaucoma patients. This would allow qualified physicians approved by the Patient Qualification Review Board created by Code Section 43-34-124 to provide the drug on a compassionate basis to seriously ill persons suffering from the severe side effects of chemotherapy or radiation treatment and to persons suffering from glaucoma who are

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not responding to conventional treatment, which persons would otherwise have no lawful access to it. It is the further intent of the General Assembly to facilitate clinical trials of marijuana and its derivatives, particularly with respect to persons suffering from cancer and glaucoma who would be benefited by use of the drug. (e) This article is limited to clinical trials and research into therapeutic applications of marijuana only for use in treating glaucoma and in treating the side effects of chemotherapeutic agents and radiation and should not be construed as either encouraging or sanctioning the social use of marijuana. Nothing in this article shall be construed to encourage the use of marijuana in lieu of or in conjunction with other accepted medical treatment, but only as an adjunct to such accepted medical treatment.
43-34-122. As used in this article, the term:
(1) 'Composite board' 'Board' means the Georgia Composite State Medical Board of Medical Examiners established pursuant to Article 2 of this chapter. (2) 'Marijuana' means marijuana or tetrahydrocannabinol, as defined or listed in Article 2 of Chapter 13 of Title 16. (3) 'Physician' means a person licensed to practice medicine pursuant to Article 2 of this chapter. (4) 'Program' means the Controlled Substances Therapeutic Research Program established pursuant to Code Section 43-34-123. (5) 'Review board' means the Patient Qualification Review Board established pursuant to Code Section 43-34-124.
43-34-123. (a) There is established under the Georgia Composite State Medical Board of Medical Examiners the Controlled Substances Therapeutic Research Program, which shall be administered by the composite board. Under the program, the composite board shall act as a sponsor of state-wide investigational studies, utilizing as drug investigators individual physicians who elect to participate in accordance with the guidelines and protocols developed by the composite board. Such guidelines and protocols shall be designed to ensure that stringent security and record-keeping requirements for research drugs are met and that participants in the program meet those research standards necessary to establish empirical bases for the evaluation of marijuana as a medically recognized therapeutic substance. The composite board shall promulgate such rules and regulations as it deems necessary or advisable to administer the program. In promulgating such guidelines, protocols, rules, and regulations, the composite board shall take into consideration those pertinent rules and regulations promulgated by the Federal Drug Enforcement Agency, the Food and Drug Administration, and the National Institute on Drug Abuse. (b) The program shall be limited to patients who are certified to the composite board by a physician as being:

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(1) Cancer patients involved in a life-threatening situation in which treatment by chemotherapy or radiology has produced severe side effects; or (2) Glaucoma patients who are not responding to conventional controlled substances. (c) No patient may be admitted to the program without full disclosure by the physician of the experimental nature of the program and of the possible risks and side effects of the proposed treatment. (d) The cost of any blood test required by the federal Food and Drug Administration prior to entrance into the program shall be paid by the patient seeking entrance into the program. (e) Only the following persons shall have access to the names and other identifying characteristics of patients in the program for whom marijuana has been prescribed under this article: (1) The composite board; (2) The review board created by Code Section 43-34-124; (3) The Attorney General or his or her designee; (4) Any person directly connected with the program who has a legitimate need for the information; and (5) Any federal agency having responsibility for the program.
43-34-124. (a) The composite board shall appoint the Patient Qualification Review Board. Each member of the review board shall be approved for such membership by a majority vote of the composite board and shall serve at the pleasure of the composite board. The review board shall be composed of:
(1) A board certified physician in ophthalmology; (2) A board certified physician in surgery; (3) A board certified physician in internal medicine and medical oncology; (4) A board certified physician in psychiatry; (5) A board certified physician in radiology; and (6) A pharmacist licensed under Chapter 4 of Title 26, relating to pharmacists, pharmacy, and drugs. (b) The review board shall elect from its members a chairman chairperson and a vicechairman vice chairperson. The review board shall hold regular meetings at least once every 60 days and shall meet at such additional times as shall be called by the chairman chairperson of the review board or the president chairperson of the composite board. Each member of the review board shall receive for services for each day's attendance upon meetings of such board the same amount authorized by law for members of the General Assembly for attendance upon meetings of the General Assembly. (c) The composite board shall adopt such rules and regulations as it deems necessary for the performance of the duties of the review board. (d) The review board shall review all patient applicants for the program and their physicians and shall certify those qualified for participation in the program. The review board shall additionally certify pharmacies which are licensed by the state and which

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are otherwise qualified and certify physicians regarding the distribution of marijuana pursuant to Code Section 43-34-125. Meetings of the review board to certify patients, physicians, or pharmacies shall not be open to the public, as otherwise required by Chapter 14 of Title 50.
43-34-125. (a) The composite board shall apply to contract with the National Institute on Drug Abuse for receipt of marijuana pursuant to this article and pursuant to regulations promulgated by the National Institute on Drug Abuse, the Food and Drug Administration, and the Federal Drug Enforcement Agency. (b) The composite board shall cause marijuana approved for use in the program to be transferred to a certified pharmacy, licensed by the state, for distribution to the certified patient by a licensed pharmacist upon a written order for research medication of the certified physician, pursuant to this article. Any reasonable costs incurred by the composite board in obtaining or testing marijuana shall be charged to participating physicians who may seek reimbursement from their research subjects utilizing the marijuana.
43-34-126. Patient participants in the program are immune from state prosecution for possession of marijuana as authorized by this article and under the program established in this article. A person authorized under this program shall not possess an amount of marijuana in excess of the amount prescribed under the authority of this article. The amount prescribed shall be maintained in the container in which it was placed at the time the prescription was filled. Physician, pharmacy, and pharmacist participants in the program are immune from state prosecution for possession, distribution, and any other use of marijuana, which use is authorized such persons by this article. Any such possession, distribution, or other use not authorized by this article shall be enforced and punished as provided in Chapter 13 of Title 16, relating to controlled substances and dangerous drugs, and Chapter 4 of Title 26, relating to pharmacists and pharmacies.
ARTICLE 6
43-34-140. This article shall be known and may be cited as the 'Respiratory Care Practices Act.'
43-34-141. The General Assembly finds and declares that the practice of respiratory care in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control.
43-34-142. As used in this article, the term:

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(1) 'Board' means the Georgia Composite State Medical Board of Medical Examiners as created by Code Section 43-34-21. (2) 'Respiratory care' means the rendering of services to patients with deficiencies or abnormalities which affect the pulmonary and cardiac systems and which services involve therapy, management, rehabilitation, diagnostic evaluation, education, or care of such patients with regard to such deficiencies or abnormalities. (3) 'Respiratory care professional' means any person certified under this article to practice respiratory care.
43-34-143. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for certification, renewal of the certificate, and reciprocal certification; (2) Adopt and revise rules consistent with the laws of the State of Georgia that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, and renew the certification of respiratory care professional applicants and certificate holders under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and certification fees; (6) Request and receive the assistance of state educational institutions or other state agencies; (7) Prepare information of consumer interest describing the regulatory functions of the board and describing the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the general public and appropriate state agencies; and (8) Establish continuing education requirements.
43-34-144. The board shall, upon application and payment of fees, issue a certification to perform respiratory care to persons who are not certified under this article but who were practicing respiratory care in this state on April 27, 1993, upon written evidence of such practice verified under oath. Such persons shall complete their application for certification no later than 18 months following April 27, 1993. A person granted a certification under this Code section shall be subject to the other provisions of this article relating to persons granted such certifications under Code Section 43-34-145, including but not limited to continuing education requirements.
43-34-145 43-34-144. (a) Each applicant for certification as a respiratory care professional shall meet the following requirements:

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(1) Is at least 18 years of age; (2) Has submitted a completed application as required by the board; (3) Has submitted any fees required by the board; (4) Has successfully passed the entry level examination given by the National Board for Respiratory Care, Inc., or such other examination as the board may in its discretion administer or approve; and (5) Has met such other requirements as may be prescribed by the board. (b) In addition to the requirements specified in subsection (a) of this Code section, each applicant for certification under this chapter article shall be working under the supervision or direction of a person licensed under Article 2 of this chapter and shall, in order to maintain certification, continue to work under the supervision or direction of a person licensed under Article 2 of this chapter.
43-34-146 43-34-145. After evaluation of an application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice shall state the reasons for the rejection.
43-34-147 43-34-146. (a) Any document evidencing certification issued by the board is the property of the board and must be surrendered on demand. (b) The certificate holder shall display the document evidencing certification in an appropriate and public manner. (c) The certificate holder shall inform the board of any change of his address. (d) The certificate shall be renewed biennially if the certificate holder is not in violation of this article at the time of application for renewal and if the applicant fulfills current requirements of continuing education as established by the board. (e) Each person certified under this article is responsible for renewing his or her certificate before the expiration date. (f) Under procedures and conditions established by the board, a certificate holder may request that his or her certification be declared inactive. The certificate holder may apply for active status at any time and upon meeting the conditions set by the board shall be declared active. (g) The board shall be authorized to:
(1) Require persons seeking renewal of certification as respiratory care professionals under this article to complete board approved continuing education; (2) Establish the number of hours of continuing education to be completed as well as the categories in which the continuing education is to be completed; and (3) Approve courses offered by institutions of higher learning, specialty societies, or professional organizations.

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43-34-147.1 43-34-147. Upon payment of a fee determined by the board, a temporary permit may be issued to practice respiratory care for a period of:
(1) Twelve For a period of 12 months to an applicant for certification under Code Section 43-34-147.2 43-34-148 providing that applicant presents written evidence verified by oath that the applicant was certified, licensed, or practicing respiratory care within the last 12 months in another state; or (2) Eighteen months to To a person who is a graduate of an accredited respiratory therapy program accredited by the Commission on Accreditation of Allied Health Education Programs, or the equivalent thereof as accepted by the board, pending completion of the other requirements for certification under this article.
43-34-147.2 43-34-148. An individual who has been granted certification, registration, licensure, or other authority by whatever name known to practice respiratory care in another state having requirements for such authority to practice which are substantially equal to or which exceed the requirements for a similar certificate in this state may petition the board for reciprocity in this state and, upon submission of an application and requisite fees and upon verification by oath and submission of evidence acceptable to the board, may be granted a certificate to practice respiratory care in Georgia.
43-34-148. 43-34-149. (a) The board, in consultation with the advisory committee, may: impose on a respiratory care professional any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8.
(1) Refuse to grant or renew certification to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the certificate holder; (3) Suspend the certificate of any certificate holder for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said certificate; (4) Limit or restrict any certificate as the board deems necessary for the protection of the public; (5) Revoke any certificate; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or certificate holder's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the certificate holder or applicant has: (1) Failed to demonstrate the qualifications or standards for certification contained in this Code section, or under the laws, rules, or regulations under which certification is

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sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for certification, and, if the board is not satisfied as to the applicant's qualifications, it may deny certification without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession certified under this title or on any document connected therewith, or practiced fraud or deceit or intentionally made any false statement in obtaining certification to practice a certified business or profession, or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his certificate under this article revoked, suspended, or annulled by any lawful authority other than the board; or had other disciplinary action taken against him by any such lawful authority other than the board; or was refused the renewal of certification by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the certificate holder or applicant to practice a business or profession certified under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the certified business or profession but shows that the certificate holder or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of

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acceptable and prevailing practice of the business or profession certified under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any uncertified person or any certificate holder whose certificate has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the certificate holder by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession certified under this article, when the certificate holder or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or certification reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice a business or profession certified under this article with reasonable skill and safety to the public or has become unable to practice the certified business or profession with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-34-149. 43-34-150. The board shall appoint a respiratory care advisory committee. The committee shall be composed of persons engaged in the practice of respiratory therapy, persons licensed under Article 2 of this chapter who specialize or are board certified in pulmonary medicine, and such members as the board at its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine.
43-34-150. 43-34-151. (a) Unless certified under this article or exempted under subsection (b) of this Code section, no person shall:
(1) Practice respiratory care; or (2) Represent himself or herself to be a respiratory care professional who is certified under this article. (b) The prohibition in subsection (a) of this Code section does not apply to: (1) The delivery of respiratory care by health care personnel who have been formally trained in these modalities and who are duly licensed to provide that care under any other provision of this title;

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(2) The practice of respiratory care which is an integral part of the program of study by students enrolled in a respiratory care education program recognized by the Joint Review Committee for Respiratory Therapy Education and the American Medical Association Committee on Allied Health Education and Accreditation (CAHEA) or the equivalent thereof as accepted by the board. Students enrolled in respiratory therapy education programs shall be identified as 'student-RCP' and shall only provide respiratory care under direct clinical supervision; (3) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care professional; (4) Respiratory care services rendered in the course of an emergency or disaster; (5) Persons in the military services or working in federal facilities when functioning in the course of their assigned duties; (6) The performance of respiratory care diagnostic testing by individuals who are certified or registered as pulmonary function technologist technologists by the National Board for Respiratory Care, or equivalent certifying agency, as recognized by the board; (7) The delivery, assembly, setup, testing, and demonstration of oxygen and aerosol equipment upon the order of a physician licensed under Article 2 of this chapter; or (8) Persons who perform limited respiratory care procedures under the supervision of a certified respiratory care professional in a hospital or nursing home when the board has defined the competencies required to perform such limited respiratory care procedures; or (9) Persons who perform polysomnography under Code Section 43-34-45. (c) Any person violating the prohibition of subsection (a) of this Code section shall be guilty of a misdemeanor. (d) Practitioners regulated under this article shall be covered pursuant to Code Section 51-1-29. (e) Nothing in this article shall be construed to permit the practice of medicine as defined by this chapter.
43-34-151. 43-34-152. Proceedings under this article shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
ARTICLE 7
43-34-170. This article shall be known and may be cited as the 'Clinical Perfusionist Licensure Act.'
43-34-171. As used in this article, the term:

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(1) 'Advisory committee' means the committee appointed pursuant to Code Section 43-34-180. (2) 'Board' means the Georgia Composite State Medical Board of Medical Examiners created by Code Section 43-34-21. (3) 'Extracorporeal circulation' means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the function of the patient's heart, lungs, kidneys, liver, or other organ. (4) 'License' means a license to practice as a licensed clinical perfusionist or provisional licensed clinical perfusionist. (5) 'Licensed clinical perfusionist' means a person licensed as such pursuant to this article. (6) 'Perfusion' means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, or respiratory system or other organ, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under the order and supervision of a physician, including, but not limited to:
(A) The use of extracorporeal circulation; long-term cardiopulmonary support techniques, including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation; and associated therapeutic and diagnostic technologies; (B) Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion; (C) The use of techniques involving blood management, advanced life support, and other related functions; (D) In the performance of the acts described in subparagraphs (A) through (C) of this paragraph:
(i) The administration of: (I) Pharmacological and therapeutic agents; or (II) Blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician; or
(ii) The performance and use of: (I) Coagulation monitoring and analysis; (II) Physiologic monitoring and analysis; (III) Blood gas and chemistry monitoring and analysis; (IV) Hematological monitoring and analysis; (V) Hypothermia and hyperthermia; (VI) Hemoconcentration and hemodilution; and (VII) Hemodialysis; and
(E) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, clinical perfusion protocols, or changes in, or the initiation of, emergency procedures.

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(7) 'Perfusion protocols' means perfusion related policies and protocols developed or approved by a licensed health care facility or a physician through collaboration with administrators, licensed clinical perfusionists, and other health care professionals. (8) 'Physician' means a person licensed to practice medicine under Article 2 of this chapter. (9) 'Provisional licensed clinical perfusionist' means a person provisionally licensed pursuant to this article.
43-34-172. The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses of board applicants for licensure as licensed clinical perfusionists and provisional licensed clinical perfusionists under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees; (6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish education, examination, and continuing education requirements.
43-34-173. (a) Except as otherwise provided in subsection (b) of this Code section, each applicant for a license to practice as a licensed clinical perfusionist shall meet the following requirements:
(1) Be at least 21 years of age; (2) Submit a completed application required by the board; (3) Submit any fees required by the board; (4) Have successfully completed a perfusion education program approved by the board, which program has educational standards at least as stringent as programs approved by the Committee on Allied Health Education and Accreditation (CAHEA) prior to 1994 or the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor; (5) Pass a competency examination prepared or approved by the board and administered to qualified applicants at least once each calendar year, which

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examination may be or may include the complete examination given by the American Board of Cardiovascular Perfusion (ABCP) or its successor; and (6) Have met such other requirements as may be prescribed by the board. (b) Notwithstanding the provisions of subsection (a) of this Code section, a person may apply to the board before January 1, 2003, and be granted a license as a licensed clinical perfusionist upon satisfactory proof that the person was operating cardiopulmonary bypass systems during cardiac surgical cases in a licensed health care facility as the person's primary function for at least six of those eight years immediately preceding the date of application. (b) The executive director, with the approval of the chairperson of the board, may in his or her discretion issue a temporary license to an applicant, which license shall have the same force and effect as a permanent license until the next regular meeting of the board at which time the temporary license shall become void.
43-34-174. (a) A license is not the property of the holder but is the property of the board. A license to practice perfusion is valid for two years. The board may provide that licenses expire on various dates. A person may renew an unexpired license by submitting proof of current certification by the American Board of Cardiovascular Perfusion (ABCP) or its successor and compliance with the continuing professional education requirements prescribed by the board and paying the required renewal fee to the board before the expiration date of the license. (b) The license holder must:
(1) Display the license in an appropriate and public manner; or (2) Maintain on file at all times during which the license holder provides services in a health care facility a true and correct copy of the license certificate in the appropriate records of the facility and keep the board informed of any change of address. (c) A license issued by the board is the property of the board and shall be surrendered on demand. (d) Each person licensed under this article shall be responsible for renewing his or her license before the expiration date. (e) If a person's license has been expired for not more than two years three months, the person may renew the license by submitting proof, satisfactory to the board, of compliance with the continuing professional education requirements prescribed by the board and any penalty fee prescribed by the board. (f) If a person's license has been expired for more than two years three months, the person may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the current requirements and procedures for obtaining a license. (g) The board may renew reinstate without reexamination an expired license of a person who was licensed in this state, moved to another state or states, is currently licensed or certified, and has been in practice in another state or states for two years

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immediately preceding the person's application to renew reinstate a license. The person shall pay the required fee as established by the board.
43-34-175. (a) A license as a provisional licensed clinical perfusionist may be issued by the board to a person who submits to the board evidence of having successfully completed an approved perfusion education program required for licensure under Code Section 4334-173 and upon the filing of an application and payment of the application fee. (b) A provisional licensed clinical perfusionist shall be under the supervision and direction of a licensed clinical perfusionist at all times during which the provisional licensed clinical perfusionist performs perfusion. The board may promulgate rules governing such supervision and direction but shall not require the immediate physical presence of the supervising licensed clinical perfusionist. (c) A provisional license shall be valid for two years from the date it is issued and may not be renewed. The provisional licensee must comply with all of the requirements for licensure under Code Section 43-34-173 prior to the expiration of the two-year provisional license period. A provisional licensee may submit an application for licensure as a licensed clinical perfusionist once he or she has complied with all of the requirements for licensure under Code Section 43-34-173. (d) If a person fails to meet the requirements for licensure under Code Section 43-34173 on or before the expiration of the two-year provisional license period, such person's provisional license shall be automatically revoked and surrendered to the board.
43-34-176. On receipt of an application and application fee, the board may waive the examination and educational requirements for an applicant who at the time of application:
(1) Is appropriately licensed or certified in another state, territory, or possession whose requirements for the license or certificate are substantially equal to the requirements of this article; or (2) Holds a current certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion (ABCP) or its successor.
43-34-177. (a) A person may not engage or offer to engage in perfusion or use the title or represent or imply that the person has the title of 'licensed clinical perfusionist' or 'provisional licensed clinical perfusionist' or use the letters 'L.C.P.' or 'P.L.C.P.' and may not use any facsimile of such titles in any manner to indicate or imply that the person is a licensed clinical perfusionist or provisional licensed clinical perfusionist unless the person holds an appropriate license issued pursuant to this article or is exempted under the provisions of Code Section 43-34-178. (b) A person may not use the title or represent or imply that such person has the title 'certified clinical perfusionist' or use the letters 'C.C.P.' and may not use any facsimile of such title in any manner to indicate or imply that such person is a certified clinical perfusionist certified by the American Board of Cardiovascular Perfusion (ABCP)

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unless the person holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion (ABCP). (c) Any person who violates the provisions of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor.
43-34-178. (a) The provisions of Code Section 43-34-177 shall not apply to:
(1) A person licensed as a physician pursuant to Article 2 of this chapter; (2) A person licensed under this title as a registered professional nurse or a licensed physician's physician assistant or certified as a respiratory care professional under this title if:
(A) The person does not represent to the public, directly or indirectly, that the person is licensed pursuant to this article and does not use any name, title, or designation indicating that he or she is licensed pursuant to this article; and (B) The person limits his or her acts or practice to the scope of practice authorized by the appropriate licensing agency; (3) Any person performing autotransfusion who possesses appropriate training and practices within the guidelines of the American Association of Blood Banks under the supervision of a perfusionist licensed under this article or a physician licensed under Article 2 of this chapter; (4) A student enrolled in an accredited perfusion education program if the perfusion services performed are: (A) An integral part of the student's course of study; and (B) Performed under the direct supervision of a licensed clinical perfusionist who is assigned to supervise the student and is on duty and immediately available in the assigned patient care area; (5) The practice of any legally qualified perfusionist employed by the United States government while in the discharge of his or her official duties; or (6) A person working as a dialysis care technician in an end stage renal disease facility licensed pursuant to Chapter 44 of Title 31 or a licensed hospital. (b) Any person violating the prohibition of subsection (a) of this Code section shall be guilty of a felony.
43-34-179. (a) The board, in consultation with the advisory committee, may: impose on a licensed clinical perfusionist or a provisional licensed clinical perfusionist any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8.
(1) Refuse to grant or renew licensure to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the license holder;

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(3) Suspend the license of any license holder for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of such license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or license holder's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the license holder or applicant has: (1) Failed to demonstrate the qualifications or standards for licensure contained in this article or under the laws, rules, or regulations under which licensure is sought or held. The applicant shall demonstrate to the satisfaction of the board that he or she meets all the requirements for licensure, and, if the board is not satisfied as to the applicant's qualifications, it may deny licensure without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining licensure to practice a licensed business or profession; or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;

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(5) Had his or her license under this article revoked, suspended, or annulled by any lawful authority other than the board; had other disciplinary action taken against him or her by any such lawful authority other than the board; or was refused the renewal of licensure by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the license holder or applicant to practice a business or profession licensed under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the license holder or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession licensed under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any license holder whose license has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the license holder by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this article, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this article, when the license holder or applicant knows or should know that such action is in violation of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or licensure reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice a business or profession licensed under this article with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-34-180. The board shall appoint an advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the include clinical perfusionists licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee.

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The committee shall have such advisory duties and responsibilities as the board may determine. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory Advisory committee members must be licensed pursuant to this article.
ARTICLE 8
43-34-190. This article shall be known and may be cited as the 'Orthotics and Prosthetics Practice Act.'
43-34-191. The General Assembly finds that the practice of orthotics and prosthetics in this state is an allied health profession recognized by the American Medical Association, with educational standards established by the Commission on Accreditation of Allied Health Education Programs. The increasing population of elderly and physically challenged individuals who need orthotic and prosthetic services requires that the orthotic and prosthetic professions be regulated to ensure the provision of high-quality services and devices. The people of this state deserve the best care available and will benefit from the assurance of initial and ongoing professional competence of the orthotists and prosthetists practicing in this state. The practice of orthotics and prosthetics serves to improve and enhance the lives of individuals with disabilities by enabling them to resume productive lives following serious illness, injury, or trauma. Unregulated dispensing of orthotic and prosthetic care does not adequately meet the needs or serve the interests of the public. In keeping with requirements imposed on similar health disciplines, licensure of the orthotic and prosthetic professions will help ensure the health and safety of consumers, as well as maximize their functional abilities and productivity levels. This article shall be liberally construed to best carry out these subjects and purposes.
43-34-192. As used in this article, the term:
(1) 'Assistant' means a person who assists an orthotist, prosthetist, or prosthetist orthotist with patient care services and fabrication of orthoses or prostheses under the supervision of a licensed orthotist or prosthetist. (2) 'Board' means the Georgia Composite Medical Board of State Medical Examiners created by Code Section 43-34-21. (3) 'Custom fabricated and fitted device' means that an orthosis or prosthesis is fabricated to original measurements or a mold, or both, for use by a patient in accordance with a prescription and which requires substantial clinical and technical judgment in its design and fitting.

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(4) 'Custom fitted device' means a prefabricated orthosis or prosthesis sized, or modified, or both, for use by a patient in accordance with a prescription and which requires substantial clinical judgment and substantive alteration for appropriate use. (5) 'Facility' means the business location where orthotic or prosthetic care is provided and which has the appropriate clinical and laboratory space and equipment to provide comprehensive orthotic or prosthetic care. Licensed orthotists and prosthetists must be available to either provide care or supervise the provision of care by nonlicensed staff. (6) 'Level of competence' means a hierarchical position that an individual occupies within a field or profession relative to other practitioners in the profession. (7) 'Licensed orthotist' means a person licensed under this article to practice orthotics and who represents himself or herself to the public by title and description of services that includes the term 'orthotic,' 'orthotist,' 'brace,' or a similar title or description of services. (8) 'Licensed physician' means a person licensed to practice medicine under Article 2 of this chapter. (9) 'Licensed podiatrist' means a person licensed to practice podiatry under Chapter 35 of this title, the 'Georgia Podiatry Practice Act.' (10) 'Licensed prosthetist' means a person licensed under this article to practice prosthetics and who represents himself or herself to the public by title and description of services that includes the term 'prosthetic,' 'prosthetist,' 'artificial limb,' or a similar title or description of services. (11) 'Off-the-shelf device' means a prefabricated prosthesis or orthosis sized or modified, or both, for use by a patient in accordance with a prescription and which does not require substantial clinical judgment and substantive alteration for appropriate use. (12) 'Orthosis' means a custom designed, fabricated, fitted, modified, or fitted and modified device to correct, support, or compensate for a neuromusculoskeletal disorder or acquired condition. Orthosis does not include fabric or elastic supports, corsets, arch supports, low-temperature plastic splints, trusses, elastic hoses, canes, crutches, soft cervical collars, dental appliances, or other similar devices that are carried in stock and sold as over-the-counter items by a drug store, department store, corset shop, or surgical supply facility. (13) 'Orthotic and prosthetic education program' means a course of instruction accredited by the Commission on Accreditation of Allied Health Education Programs consisting of:
(A) A basic curriculum of college level instruction in math, physics, biology, chemistry, and psychology; and (B) A specific curriculum in orthotic or prosthetic courses, including:
(i) Lectures covering pertinent anatomy, biomechanics, pathomechanics, prosthetic or orthotic components and materials, training and functional capabilities, prosthetic or orthotic performance evaluation, prescription

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considerations, etiology of amputations and disease processes necessitating prosthetic or orthotic use, and medical management; (ii) Subject matter related to pediatric and geriatric problems; (iii) Instruction in acute care techniques, such as immediate and early postsurgical prosthetics and fracture bracing techniques; and (iv) Lectures, demonstrations, and laboratory experiences related to the entire process of measuring, casting, fitting, fabricating, aligning, and completing prostheses or orthoses. (14) 'Orthotic and prosthetic scope of practice' means a list that includes the role played by an occupant of a particular level of competence, what he or she can be expected to do and not to do, and his or her relation to others in the field. These should be based on nationally accepted standards of orthotic and prosthetic certifying agencies with accreditation by the National Commission for Certifying Agencies. (15) 'Orthotics' means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing an orthosis under an order from a licensed physician or podiatrist for the correction or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. (16) 'Orthotist' means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom designed, fabricated, or modified and fitted external orthosis to an orthotic patient based on a clinical assessment and a physician's or podiatrist's prescription to restore physiological function or cosmesis or both and who represents himself or herself to the public by such title as providing orthotic services. (17) 'Over-the-counter device' means a prefabricated, mass produced device that is prepackaged and requires no professional advice or judgment in either size selection or use and includes fabric or elastic supports, corsets, generic arch supports, and elastic hoses. (18) 'Person' means a natural person. (19) 'Prosthesis' means a custom designed, fabricated, fitted, modified, or fitted and modified device to replace an absent external limb for purposes of restoring physiological function or cosmesis or both. Prosthesis does not include artificial eyes, ears, fingers, or toes; dental appliances; cosmetic devices such as artificial breasts, eyelashes, or wigs; or other devices that do not have a significant impact on the musculoskeletal functions of the body. (20) 'Prosthetics' means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting, adjusting, or servicing a prosthesis under an order from a licensed physician or podiatrist. (21) 'Prosthetist' means an allied health professional who is specifically trained and educated to provide or manage the provision of a custom designed, fabricated, modified, and fitted external limb prosthesis to a prosthetic patient based on a clinical assessment and a physician's or podiatrist's prescription, to restore physiological function or cosmesis or both and who represents himself or herself to the public by such title as providing prosthetic services.

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(22) 'Prosthetist orthotist' means a person who practices both disciplines of prosthetics and orthotics and who represents himself or herself to the public by such title as providing prosthetic and orthotic services. (23) 'Resident' means a person who has completed an education program in either orthotics or prosthetics and is continuing his or her clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education. (24) 'Technician' means a person who assists an orthotist, prosthetist, or prosthetist orthotist with fabrication of orthoses or prostheses but does not provide direct patient care.
43-34-193. This article shall not be construed to prohibit:
(1) A licensed physician from engaging in the practice for which he or she is licensed; (2) A person licensed in this state under any other law from engaging in the practice for which he or she is licensed; (3) The practice of orthotics or prosthetics by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties; (4) The practice of orthotics or prosthetics by:
(A) A student enrolled in a school of orthotics or prosthetics; or (B) A resident continuing his or her clinical education in a residency accredited by the National Commission on Orthotic and Prosthetic Education; (5) The practice of orthotics or prosthetics by a person who is an orthotist or prosthetist licensed under the laws of another state or territory of the United States or another country and has applied in writing to the board, in a form and substance satisfactory to the board, for a license as an orthotist or prosthetist and who is qualified to receive the license until: (A) The expiration of six months after the filing of the written application; (B) The withdrawal of the application; or (C) The denial of the application by the board; (6) A person licensed by this state as a physical therapist or occupational therapist from engaging in his or her profession; (7) A licensed podiatrist from engaging in his or her profession; (8) A licensed athletic trainer from engaging in his or her profession; (9) A registered pharmacist from engaging in the practice for which he or she is registered; (10) Any person licensed, certified, or permitted under any other article of this chapter from engaging in the practice for which he or she is licensed, certified, or permitted; (11) The measuring, molding, or fitting of knee braces by any person; (12) Employees or authorized representatives of an orthotic manufacturer from engaging in one or more of the following: evaluating, adjusting, measuring,

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designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering an orthotic device under the order, direction, or prescription of a physician or health provider operating within his or her licensed scope of practice and meeting the criteria of the Part II Policy and Procedures for Orthotics and Prosthetics Services pursuant to Title XIX of the federal Social Security Act, as amended; or (13) A board certified pedorthist from manufacturing, fabricating, dispensing, or any combination thereof custom foot orthotics or foot or ankle gauntlets.
43-34-194. An application for an original license shall be made to the board on a form prescribed thereby and shall be accompanied by the required fee, which shall not be refundable. An application shall require information that in the judgment of the board will enable it to determine the qualifications of the applicant for a license.
43-34-195. (a) To qualify for a license to practice orthotics or prosthetics, a person shall:
(1)(A) Possess a baccalaureate degree from a college or university; (B) Have completed the amount of formal training, including, but not limited to, any hours of classroom education and clinical practice, established and approved by the board; and (C) Complete a clinical residency in the professional area for which a license is sought in accordance with standards, guidelines, or procedures for residencies inside or outside this state established and approved by the board. The majority of training must be devoted to services performed in the discipline for which the license will be sought and under the supervision of a practitioner licensed in orthotics or prosthetics or a person certified as an orthotist, prosthetist, or prosthetist orthotist, provided that the certification was obtained before the date this article becomes effective; or (2)(A) Possess an associate's degree from a college or university with specific courses of study in human anatomy, physiology, physics, chemistry, and biology; and (B) Have completed at least five years of continued work experience performed in the discipline for which the license will be sought under the supervision of a practitioner licensed in such discipline or certified in such discipline by an agency accredited by the National Commission for Certifying Agencies; (3) Pass all written, practical, and oral examinations that are required and approved by the board; (4) Be qualified to practice in accordance with nationally accepted standards of orthotic and prosthetic care; and (5) Have met such other requirements as may be prescribed by the board. (b) The standards and requirements for licensure established by the board shall be substantially equal to or in excess of standards commonly accepted in the profession of orthotics or prosthetics. The board shall adopt rules as necessary to set the standards and requirements.

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(c) A person may be licensed in more than one discipline.
43-34-196. The board, in consultation with the advisory committee, may impose on a licensed orthotist or prosthetist any sanction authorized under subsection (b) of Code Section 4334-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8. shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure; (2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article; (3) Examine for, approve, issue, deny, revoke, suspend, sanction, and renew the licenses of board applicants for licensure as licensed orthotists and prosthetists and provisional licensed orthotists and prosthetists under this article and conduct hearings in connection with these actions; (4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations; (5) Establish application, examination, and licensure fees; (6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and (7) Establish education, examination, and continuing education requirements.
43-34-197. (a) No person shall work as an assistant to an orthotist, prosthetist, or prosthetist orthotist and provide patient care services or fabrication of orthoses or prostheses unless he or she is doing the work under the supervision of a licensed orthotist, prosthetist, or prosthetist orthotist. (b) No person shall work as a technician unless the work is performed under the supervision of a person licensed under this article.
43-34-198. (a) Until July 1, 2007, a person certified as an orthotist, prosthetist, or prosthetist orthotist by the American Board for Certification in Orthotics and Prosthetics, Incorporated or the Board of Orthotist/Prosthetist Certification, or holding similar certifications from other accrediting bodies with equivalent educational requirements and examination standards, may apply for and may be granted orthotic or prosthetic licensure under this article upon payment of the required fee. After that date, any applicant for licensure as an orthotist or a prosthetist shall meet the requirements of subsection (a) of Code Section 43-34-195.

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(b) On and after July 1, 2007, no person shall practice orthotics or prosthetics in this state and hold himself or herself out as being able to practice such professions unless he or she is licensed in accordance with this article or is exempt from such licensing. A person who violates this subsection shall, upon conviction thereof, be guilty of a misdemeanor. (c) Not later than August 30, 2006, a person who has practiced full time for a minimum of the past seven years in this state in a prosthetic orthotic facility as an orthotist or prosthetist may file with the board an application and the license fee determined by the board in order to continue to practice orthotics or prosthetics without satisfaction of the examination and education requirements. The board shall investigate the work history, qualifications, and fitness of the applicant. The investigation may include, but not be limited to, completion by the applicant of a questionnaire regarding the applicant's work history and scope of practice. The board shall complete its investigation for purposes of this Code section within six months of receipt of a fully completed application. If, after receipt of the application fee, a fully completed application, and the completion of the investigation, the board determines that the applicant satisfied the work history requirements of this Code section and met all other qualifications for licensure, except the examination and education requirements, the board shall issue a license to practice orthotics or prosthetics. A license issued to a person under this subsection shall not be renewed without compliance with the requirements of Code Section 43-34-195.
43-34-199. A licensed orthotist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician or podiatrist. A licensed prosthetist may provide care or services only if the care or services are provided pursuant to an order from a licensed physician or podiatrist.
43-34-200. (a) The expiration date and renewal period for each license issued under this article shall be set by the board. A license shall be valid for a period of up to two years and shall be renewed biennially as provided by rule of the board. The board shall establish continuing education requirements for the renewal of a license. These requirements shall be based on established standards of competence in the field of orthotics or prosthetics. (b) A person who has permitted his or her license to expire or who has had his or her license on inactive status may have his or her license restored by:
(1) Making application to the board; (2) Filing proof acceptable to the board of his or her fitness to have his or her license restored including, but not limited to, sworn evidence certifying to active practice in another jurisdiction satisfactory to the board; and (3) Paying the required restoration fee. If the person has not maintained an active practice in another jurisdiction satisfactory to the board, the board shall determine, by an evaluation program established by rule, such

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person's fitness to resume active status and may require the person to complete a period of evaluated clinical experience and successful completion of an examination. (c) A person whose license expired while he or she was:
(1) In federal service on active duty within the armed forces of the United States or with the state militia and called into service or training; or (2) In training or education under the supervision of the United States preliminary to induction into military service may have his or her license renewed or restored without paying a lapsed renewal fee if, within two years after termination from the service, training, or education except under conditions other than honorable, he or she furnishes the board with satisfactory evidence that he or she has been so engaged and that his or her service, training, or education has been terminated.
43-34-201. A person who notifies the board on forms prescribed thereby may elect to place his or her license on an inactive status and shall, subject to rules of the board, be excused from payment of renewal fees until he or she notifies the board of his or her desire to resume active status. A person requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his or her license as provided in Code Section 43-34-200. An orthotist or prosthetist whose license is on inactive status shall not practice orthotics or prosthetics in this state.
43-34-202. The board may, at its discretion, license as an orthotist or prosthetist, without examination and on payment of the required fee, an applicant who is an orthotist or prosthetist and is:
(1) Licensed under the laws of another state, territory, or country, if the requirements for licensure in that state, territory, or country in which the applicant is licensed were, at the date of his or her licensure, equal to or more stringent than the requirements in force in this state on that date; or (2) Certified as an orthotist or prosthetist by a national certifying organization that is accredited by the National Commission for Certifying Agencies and has educational and testing standards equal to or more stringent than the licensing requirements of this state.
43-34-203. (a) The board, in consultation with the advisory committee, may:
(1) Refuse to grant or renew a license to an applicant; (2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license;

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(4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; (6) Levy a fine; and (7) Condition any penalty or withhold formal disposition of any matter pending the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct. (b) The board may take any action specified in subsection (a) of this Code section upon a finding by the board that the licensee or applicant has: (1) Failed to demonstrate the qualifications or standards for licensure contained in this article, or under the laws, rules, or regulations under which licensure is sought or held; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for issuance of a license, and, if the board 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 board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith, practiced fraud or deceit or intentionally made any false statement in obtaining certification to practice a licensed business or profession, or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license under this article revoked, suspended, or annulled by any lawful authority other than the board; or had other disciplinary action taken against him or her by any such lawful authority other than the board; or was refused the

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renewal of a license by any such lawful authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice a business or profession licensed under this article, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed business or profession but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Unprofessional conduct shall include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the business or profession licensed under this article; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to engage in any practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated, without regard to whether the violation is criminally punishable, a statute, law, or any rule or regulation of this state, any other state, the professional licensing board regulating the business or profession licensed under this title, the United States, or any other lawful authority, which statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed under this article, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance of renewal of any license so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed any inability to practice a business or profession licensed under this article with reasonable skill and safety to the public or has become unable to practice the licensed business or profession with reasonable skill and safety to the public by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material.
43-34-204 43-34-203. The board shall appoint the advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the include licensed orthotists and prosthetists licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The initial members of the advisory committee may include

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persons eligible for licensing under this article. Subsequent advisory committee members must be licensed pursuant to this article.
ARTICLE 9
43-34-240. This article shall be known and may be cited as the 'Georgia Cosmetic Laser Services Act.'
43-34-241. This article is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for state administrative control, supervision, and regulation of the practice of providing cosmetic laser services. It is the intention of the General Assembly that cosmetic laser services be made available and affordable to the people of this state in a safe, reliable manner. Unregulated cosmetic laser services do not adequately meet the needs or serve the interests of the public. Licensure of those performing cosmetic laser services and required education and training of such practitioners will help ensure the health and safety of consumers. The practice of providing cosmetic laser services is declared to be affected with the public interest; and this article shall be liberally construed so as to accomplish the purpose stated in this Code section.
43-34-242. As used in this article, the term:
(1) 'Board' means the Composite State Board of Medical Examiners Georgia Composite Medical Board created by Code Section 43-34-21 43-34-2. (2) 'Consulting physician' means a person licensed to practice medicine under this chapter and:
(A) Whose principal place of practice is within this state; or (B) Whose principal place of practice is outside this state but is within 50 miles from the facility with whom he or she has an agreement to provide services in accordance with Code Section 43-34-248. (3) 'Consumer' means a person on whom cosmetic laser services are or are to be performed. (4) 'Cosmetic laser practitioner' means a person licensed under this article to provide cosmetic laser services as defined in this article and whose license is in good standing. (5) 'Cosmetic laser services' means nonablative elective cosmetic light based skin, photo rejuvenation, or hair removal using lasers and pulsed light devices approved by the United States Food and Drug Administration for noninvasive procedures. Such services and the provision thereof shall not be considered to be the practice of medicine.

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(6) 'Facility' means any location, place, area, structure, office, institution, or business or a part thereof in which is performed or provided cosmetic laser services regardless of whether a fee is charged for such services. (7) 'License' means a valid and current certificate of registration issued by the board which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (8) 'Licensee' means any person holding a license under this article. (9) 'Medical practitioner' means a registered professional nurse, licensed practical nurse, nurse practitioner, physician's physician assistant, or physician. (10) 'Nurse' means a registered professional nurse, licensed practical nurse, or nurse practitioner. (11) 'Person' means a natural person.
43-34-243. This article shall not be construed to prohibit:
(1) A licensed physician from engaging in the practice for which he or she is licensed; (2) A licensed physician's physician assistant from engaging in the practice for which he or she is licensed; (3) A person licensed by this state as a registered professional nurse, licensed practical nurse, or nurse practitioner from engaging in his or her profession; (4) A licensed esthetician from engaging in his or her profession; (5) A master cosmetologist from engaging in his or her profession; (6) Any person licensed under any other article of this chapter from engaging in the practice for which he or she is licensed; (7) A person licensed in this state under any other law from engaging in the practice for which he or she is licensed; (8) The practice of providing cosmetic laser services by a person who is employed by the federal government or any bureau, division, or agency of the federal government while in the discharge of the employee's official duties; (9) The practice of providing cosmetic laser services by a student enrolled in an accredited school of nursing or medical school as part of his or her training; or (10) Employees or authorized representatives of a manufacturer of a laser used for cosmetic laser services from engaging in one or more of the following: evaluating, adjusting, measuring, designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering a laser used to provide cosmetic laser services under the order, direction, or prescription of a physician or health provider operating within his or her licensed scope of practice.
43-34-244. (a) There shall be two levels of a license for a cosmetic laser practitioner: assistant laser practitioner and senior laser practitioner.

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(b) Any person desiring to obtain a license as a cosmetic laser practitioner under the terms of this article shall make application to the board as follows:
(1) An applicant for an 'assistant laser practitioner' license shall present proof that he or she:
(A) Holds a current valid license or certificate of registration as a physician's physician assistant, nurse, esthetician, or master cosmetologist, or has previously held a license or certificate of registration as a medical practitioner; and (B) Has received at least three laser certificates from attending laser/intense pulsed light (IPL) courses as approved by the board, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational requirements; is of good moral character; and is possessed of the requisite skill to perform properly cosmetic laser services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the assistant laser practitioner level under the direct supervision of a senior laser practitioner. (2) An applicant for a 'senior laser practitioner' license shall present proof that he or she: (A) Holds a current valid license or certificate of registration as a physician's physician assistant or nurse or has previously held a license or certificate of registration as a medical practitioner; (B) Has at least three years of clinical or technological medical experience, or both; (C) Has been or was licensed or nationally board certified as a medical practitioner for at least three years; and (D) Has received at least two laser certificates from attending laser/intense pulsed light (IPL) continuing medical education courses as approved by the board, directly taught by a licensed physician or certified continuing medical education or continuing education educator. If, after review of the application, it is determined that the applicant is at least 21 years of age; has met the minimum educational and clinical training requirements to perform cosmetic laser services with indirect supervision; is of good moral character; and is possessed of the requisite skill to perform properly these services, a license shall be issued to the applicant entitling the applicant to practice the occupation of cosmetic laser practitioner at the senior laser practitioner level pursuant to the protocols of a consulting physician. (c) The board shall be authorized to waive any education requirements under this Code section in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate with respect to any applicant who has practiced as a cosmetic laser practitioner prior to July 1, 2007. (d) Should an applicant have a current cosmetic laser practitioner license or certificate of registration in force from another state, country, territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid a fee and have

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submitted an application, the applicant may be issued a license at the appropriate level entitling him or her to practice the occupation of a cosmetic laser practitioner at that level, unless the board, in its discretion, sees fit to require a written or a practical examination subject to the terms and provisions of this article. The board shall be authorized to waive any education or experience requirements applicable to any person who holds a current license or certificate to practice as a cosmetic laser practitioner outside of this state and who desires to obtain a license at a level authorized under this Code section to practice as a cosmetic laser practitioner in this state in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
43-34-245. (a) All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the board prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may only be restored after application and payment of the prescribed restoration fee within the time period established by the board and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been restored within such period following its expiration may not be renewed, restored, or reissued thereafter. The holder of such a canceled license may apply for and obtain a valid license only upon compliance with all relevant requirements for issuance of a new license. (b) As a condition of license renewal, the board shall require licensees to provide proof, in a form approved by the board, of a minimum of five hours of continuing education courses as approved by the board in the area of cosmetic laser services, equipment safety and operation, procedures, and relative skin modalities, directly taught by a licensed physician or certified continuing medical education or continuing education educator.
43-34-246. (a) The board shall have authority to refuse to grant or restore a license to an applicant or to discipline a cosmetic laser practitioner under this article upon a finding by the board that the licensee or applicant has: may impose on a cosmetic laser practioner or applicant any sanction authorized under subsection (b) of Code Section 43-34-8 upon a finding of any conduct specified in subsection (a) of Code Section 43-34-8.
(1) Displayed an inability or has become unable to practice as a cosmetic laser practitioner with reasonable skill and safety to consumers by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition:
(A) In enforcing this paragraph the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by an appropriate practitioner of the healing arts designated by the board. The expense of such mental or physical examination shall be borne by the licensee or applicant.

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The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing cosmetic laser services in this state or who shall file an application for a license to provide cosmetic laser services in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing cosmetic laser services under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of cosmetic laser practitioner with reasonable skill and safety to consumers; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing as a cosmetic laser practitioner in this state or who shall file an application to practice cosmetic laser services in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board upon the grounds that the same constitute a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding; (2) Been convicted of a felony or crime involving moral turpitude in the courts of this state, the United States, or the conviction of an offense in another jurisdiction which if committed in this state would be deemed a felony. For the purpose of this Code section, a 'conviction' shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to the provisions of Code Sections 42-8-60 through 42-8-64, relating to first offenders, or any comparable rule or statute;

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(3) Knowingly made misleading, deceptive, untrue, or fraudulent representations to a consumer or other person or entity in connection with the practice of providing cosmetic laser services or in any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining or attempting to obtain a license to practice cosmetic laser services or as a cosmetic laser practitioner; or made a false or deceptive biennial registration with the board; (4) Has had a license or certificate of registration as a medical practitioner revoked, suspended, or denied; (5) Practiced cosmetic laser services contrary to this article or to the rules and regulations of the board; knowingly aided, assisted, procured, or advised any person to provide cosmetic laser services contrary to this article or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person to provide cosmetic laser services; (6) Engaged in any unprofessional, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice need not have resulted in actual injury to any person, as determined as a result of an investigation initiated upon the board's own motion or as a result of a sworn written request for investigation, by or on behalf of a consumer, of an act or acts which occurred within three years of such initiation or request; or (7) Failed to report to the board any act or omission of a licensee or applicant or any other person which violates the provisions of this article. (b)(1) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions:
(A) Refuse to grant or restore a license to an applicant; (B) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (C) Suspend any license for a definite period; (D) Limit or restrict any license; (E) Revoke any license; (F) Condition the penalty or withhold formal disposition, upon the cosmetic laser practitioner's submission to the care, counseling, or treatment of physicians or other professional persons, and the completion of such care, counseling, or treatment, as directed by the board; or (G) Impose a fine not to exceed $500.00 for each violation of law, rule, or regulation of the board. (2) In addition to or in conjunction with the actions enumerated pursuant to paragraph (1) of this subsection the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty, or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee or applicant on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose.

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(c) In its discretion, the board may restore and reissue a license issued under this article and, as a condition thereof, it may impose any disciplinary or corrective measure provided in this article. (d) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a cosmetic laser practitioner, if such report is made in good faith without fraud or malice. Any person who testifies without fraud or malice before the board in any proceeding involving a violation of the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a cosmetic laser practitioner shall be immune from civil and criminal liability for so testifying.
43-34-247. The practice of providing cosmetic laser services is declared to be an activity affecting the public interest and involving the health, safety, and welfare of the public. Such practice when engaged in by a person who is not licensed as a cosmetic laser practitioner or otherwise licensed to practice a profession which is permitted under law to perform cosmetic laser services is declared to be harmful to the public health, safety, and welfare. The board or the district attorney of the circuit where such unlicensed practice exists, or any person or organization having an interest therein, may bring a petition to restrain and enjoin such unlicensed practice in the superior court of the county where such unlicensed person resides. It shall not be necessary in order to obtain an injunction under this Code section to allege or prove that there is no adequate remedy at law, or to allege or prove any special injury.
43-34-248. Any facility providing cosmetic laser services shall have an agreement with a consulting physician who shall:
(1) Be trained in laser modalities; (2) Establish proper protocols for the cosmetic laser services provided at the facility and file such protocols with the board; and (3) Be available for emergency consultation with the cosmetic laser practitioner or anyone employed by the facility.
43-34-249. (a) Prior to receiving cosmetic laser services from a cosmetic laser practitioner, a person must consent in writing to such services and shall be informed in writing of the general terms of the following:
(1) The nature and purpose of such proposed procedure; (2) Any material risks generally recognized and associated with the cosmetic laser service to be performed which, if disclosed to a reasonably prudent person in the customer's position, could reasonably be expected to cause such prudent person to

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decline such proposed cosmetic laser services on the basis of the material risk of injury that could result from such proposed services; (3) The type of license the individual who will be performing the cosmetic laser service has obtained; and (4) The steps to be followed after the cosmetic laser service is performed in the event of any complications. (b) It shall be the responsibility of the cosmetic laser practitioner to ensure that the information required by subsection (a) of this Code section is disclosed and that the consent provided for in this Code section is obtained. (c) Where the consumer is under 18 years of age, the consent of the consumer's parent or legal guardian shall be required. (d) The board shall be required to adopt and have the authority to promulgate rules and regulations governing and establishing the standards necessary to implement this Code section specifically including but not limited to the disciplining of a cosmetic laser practitioner who fails to comply with this Code section. (e) Nothing in this Code section shall prohibit the information provided for in this Code section from being disclosed through the use of video tapes, audio tapes, pamphlets, booklets, or other means of communication or through conversations with the cosmetic laser practitioner; provided, however, that such information is also provided in writing and attached to the consent form which the consumer signs.
43-34-250. The board shall appoint an advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds, to the extent practical, of the include licensed cosmetic laser practitioners licensed under this article and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine, including but not limited to consulting with the board on the issuance, denial, suspension, and revocation of licenses and the promulgation of rules and regulations under this article. The initial members of the advisory committee may include persons eligible for licensing under this article. Subsequent advisory committee members must be licensed pursuant to this article.
43-34-251. (a) It shall be unlawful for any person licensed as a cosmetic laser practitioner to perform cosmetic laser services within any area within one inch of the nearest part of the eye socket of any consumer. (b) It shall be unlawful for any person licensed as a cosmetic laser practitioner to administer any pharmaceutical agent or other substance by injection.
43-34-252. Any person who owns a facility in which cosmetic laser services are offered or

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performed in noncompliance with the requirements of this article shall be guilty of a misdemeanor.
43-34-253. Any person convicted of violating any provision of this article shall be guilty of a misdemeanor."
SECTION 2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Composite State Board of Medical Examiners" or "Composite State Board of Medical Examiners of Georgia" wherever either occurs with "Georgia Composite Medical Board":
(1) Code Section 20-3-476, relating to the authorization and administration of loan programs for attendance at the college of osteopathic medicine; (2) Code Section 20-3-512, relating to medical student loans and scholarships; (3) Code Section 20-3-513, relating to the State Medical Education Board and 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 31-9A-6.1, relating to civil and professional penalties for violation of the Woman's Right to Know Act; (6) Code Section 31-11-81, relating to definitions regarding emergency services; (7) Code Section 31-34-4, relating to loan applicant qualifications; (8) Code Section 31-38-2, relating to certain exemptions to Chapter 38 of Title 31; (9) Code Section 33-3-27, relating to the reports of awards under medical malpractice insurance policies; (10) Code Section 33-20B-2, relating to definitions regarding rural health care access; (11) Code Section 34-9-1, relating to definitions regarding workers' compensation; (12) Code Section 43-5-13, relating to certain exemptions to the operation of Chapter 5 of Title 43; (13) Code Section 43-34A-2, relating to definitions regarding a patient's rights; (14) Code Section 43-34A-3, relating to physician profiles and the dissemination of such profiles to the public; (15) Code Section 43-34A-6, relating to a patient's right to file a grievance with the state board; and (16) Code Section 43-35-3, relating to definitions regarding the practice of podiatry.
SECTION 3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "physician's assistant" and "physician's assistants" wherever either occurs with "physician assistant" and "physician assistants", respectively:

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(1) Code Section 20-2-774, relating to self-administration of asthma medication by a public school student; (2) Code Section 24-9-67.1, relating to expert opinion testimony in civil actions; (3) Code Section 26-4-80, relating to dispensing prescription drugs; (4) Code Section 31-7-16, relating to determination or pronouncement of death of patient in a nursing home; (5) Code Section 31-9-6.1, relating to disclosure of certain information to persons undergoing certain surgical or diagnostic procedures; (6) Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act"; (7) Code Section 31-11-60.1, relating to a program for physician control over emergency medical services to nonhospital patients; (8) Code Section 31-22-9.1, relating to who may perform HIV tests; (9) Code Section 33-20A-3, relating to definitions relative to the "Patient Protection Act of 1996"; (10) Code Section 33-24-58.2, relating to minimum health benefit policy coverage for newborn babies and their mothers; (11) Code Section 33-24-72, relating to health benefit policy requirements under the "Breast Cancer Patient Care Act"; (12) Code Section 34-9-415, relating to testing in drug-free workplace programs; (13) Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood for driving under the influence of alcohol, drugs, or other intoxicating substances; (14) Code Section 42-4-70, relating to definitions relative to deductions from inmate accounts for expenses; (15) Code Section 42-5-55, relating to deductions from inmate accounts for payment of certain damages and medical costs; (16) Code Section 43-1-28, relating to the "Georgia Volunteers in Health Care Specialties Act"; and (17) Code Section 51-2-5.1, relating to relationship between hospital and health care provider prerequisite to liability.
SECTION 4. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to the regulation of controlled substances, is amended by revising paragraph (23) of Code Section 16-13-21, relating to definitions regarding the regulation of controlled substances, as follows:
"(23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise authorized under the laws of this state to distribute, dispense, conduct research with respect to, or to administer a controlled substance in the course of professional practice or research in this state; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise authorized by law to distribute, dispense, conduct research with respect to, or to

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administer a controlled substance in the course of professional practice or research in this state; (C) An advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-26.3 43-34-25. For purposes of this chapter and Code Section 43-3426.3 43-34-25, an advanced practice registered nurse is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities; or (D) A physician's physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103. For purposes of this chapter and subsection (e.1) of Code Section 43-34-103, a physician's physician assistant is authorized to register with the federal Drug Enforcement Administration and appropriate state authorities."
SECTION 5. Article 3 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous drugs, is amended by revising paragraph (4.1) of Code Section 16-13-72, relating to the sale, distribution, or possession of dangerous drugs, as follows:
"(4.1) A physician in conformity with Code Section 43-34-26.1 43-34-23 may delegate to a nurse or a physician's physician assistant the authority to possess vaccines and such other drugs as specified by the physician for adverse reactions to those vaccines, and a nurse or physician's physician assistant may possess such drugs pursuant to that delegation; provided, however, that nothing in this paragraph shall be construed to restrict any authority of nurses or physician's physician assistants existing under other provisions of law;"
SECTION 6. Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the practice of pharmacy, is amended by revising Code Section 26-4-50, relating to certification for drug therapy modification, as follows:
"26-4-50. (a) No pharmacist shall be authorized to modify drug therapy pursuant to Code Section 43-34-26.2 43-34-24 unless that pharmacist:
(1) Is licensed to practice as a pharmacist in this state; (2) Has successfully completed a course of study regarding modification of drug therapy and approved by the board; (3) Annually successfully completes a continuing education program regarding modification of drug therapy and approved by the board; and (4) Is certified by the board as meeting the requirements of paragraphs (1) through (3) of this subsection. (b) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs."
SECTION 7. Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to

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prescription drugs, is amended by revising paragraph (3) of subsection (d) of Code Section 26-4-85, relating to patient counseling and optimizing drug therapy, as follows:
"(3) Patients receiving drugs from the Department of Human Resources Division of Public Health; provided, however, that pharmacists who provide drugs to patients in accordance with Code Section 43-34-26.1 43-34-23 shall include in all dispensing procedures a written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section."
SECTION 8. Article 7 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practitioners of the healing arts, is amended by revising subsection (b) of Code Section 26-4-130, relating to the regulation of dispensing drugs, as follows:
"(b) The other provisions of this chapter and Article 3 of Chapter 13 of Title 16 shall not apply to practitioners of the healing arts prescribing or compounding their own prescriptions and dispensing drugs except as provided in this Code section. Nor shall such provisions prohibit the administration of drugs by a practitioner of the healing arts or any person under the supervision of such practitioner or by the direction of such practitioner except as provided in this Code section. Any term used in this subsection and defined in Code Section 43-34-26.1 43-34-23 shall have the meaning provided for such term in Code Section 43-34-26.1 43-34-23. The other provisions of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-26.1 43-34-23 to order, dispense, or administer drugs when such persons order, dispense, or administer those drugs in conformity with Code Section 4334-26.1 43-34-23. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-26.1 43-34-23, with regard to the drugs so dispensed, that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section."
SECTION 9. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by revising Code Section 31-10-16, relating to criteria for determining death, as follows:
"31-10-16. (a) A person may be pronounced dead by a qualified physician, or by a registered professional nurse authorized to make a pronouncement of death under Code Section 31-7-176.1, or by a physician assistant authorized to make a pronouncement of death under subsection (j) of Code Section 43-34-103, if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function, or (2) irreversible cessation of all functions of the entire brain, including the brain stem. (b) A person who acts in good faith in accordance with the provisions of subsection (a) of this Code section shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act.

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(c) The criteria for determining death authorized in subsection (a) of this Code section shall be cumulative to and shall not prohibit the use of other medically recognized criteria for determining death."
SECTION 10. 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."
SECTION 11. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by revising subsections (c) and (d) of Code Section 33-24-56.4, relating to the payment for telemedicine services, as follows:
"(c) It is the intent of the General Assembly to mitigate geographic discrimination in the delivery of health care by recognizing the application of and payment for covered medical care provided by means of telemedicine, provided that such services are provided by a physician or by another health care practitioner or professional acting within the scope of practice of such health care practitioner or professional and in accordance with the provisions of Code Section 43-34-31.1 43-34-31. (d) On and after July 1, 2005, every health benefit policy that is issued, amended, or renewed shall include payment for services that are covered under such health benefit policy and are appropriately provided through telemedicine in accordance with Code Section 43-34-31.1 43-34-31 and generally accepted health care practices and standards prevailing in the applicable professional community at the time the services were provided. The coverage required in this Code section may be subject to all terms and conditions of the applicable health benefit plan."
SECTION 12. Article 1 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by revising paragraph (12) of subsection (a) of Code Section 43-26-5, relating to the general powers of the Georgia Board of Nursing, as follows:
"(12) Be authorized to enact rules and regulations for registered professional nurses in their performing acts under a nurse protocol as authorized in Code Section 43-3426.1 43-34-23 and enact rules and regulations for advanced practice registered nurses in performing acts as authorized in Code Section 43-34-26.3 43-34-25;"

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SECTION 13. Chapter 30 of Title 43 of the Official Code of Georgia Annotated, relating to optometrists, is amended by revising subsection (a) of Code Section 43-30-13, relating to the construction of the chapter, as follows:
"(a) Nothing in this chapter shall be construed to apply to physicians and surgeons duly licensed to practice medicine, nor to prevent persons from selling spectacles or eyeglasses on prescription from any duly qualified optometrist or physician, nor to prevent any person from selling glasses as articles of merchandise or from using test cards in connection with the sale of such glasses at a permanently located place when not trafficking or attempting to traffic upon assumed skill in optometry; nor shall anything in this chapter be construed to authorize any registered optometrist to prescribe or administer drugs except as permitted by law or practice medicine or surgery in any manner as defined by the laws of this state; nor shall this chapter be construed to authorize any such person to use the title of 'M.D.' or any other title mentioned in Code Section 43-34-20 or 43-34-26 43-34-21 or 43-34-22."
SECTION 14. Chapter 34A of Title 43 of the Official Code of Georgia, relating to a patient's right to know, is amended by revising paragraph (3) of Code Section 43-34A-2, relating to definitions regarding a patient's right to know, as follows:
"(3) 'Disciplinary action' means any final hospital disciplinary action or any final disciplinary action taken by the Composite State Board of Medical Examiners Georgia Composite Medical Board under subsection (b) of Code Section 43-34-37 43-34-8 within the immediately preceding ten-year period. No such disciplinary action taken prior to April 11, 2001, shall be included within the definition of this term."
SECTION 15. Article 2 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to the eligibility and qualifications for office, is amended by revising subsection (d) of Code Section 45-2-7, relating to the employment of aliens, as follows:
"(d) The prohibitions of subsection (a) of this Code section shall not apply to the employment of aliens licensed under Code Section 43-34-33 43-34-27, relating to the licensing of aliens to practice medicine or pharmacy."
SECTION 16. Chapter 1 of Title 51 of the Official Code of Georgia, relating to torts, is amended by revising paragraph (14) of subsection (a) of Code Section 51-1-29.5, relating to definitions, as follows:
"(14) 'Medical care' means any act defined as the practice of medicine under Code Section 43-34-20 43-34-21."

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SECTION 17. Code Sections 43-34-240 through 43-34-253 shall become effective as amended in Section 1 of this Act only if funds are specially appropriated for the purposes of Ga. L. 2007, p. 626 in a General Appropriations Act making specific reference to such Act and shall become effective when funds so appropriated become available for expenditure. All other provisions of this Act shall become effective on July 1, 2009.

SECTION 18. 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 509.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe N Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter N Burns
Butler N Byrd N Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D N Collins, T Y Cooper N Cox

Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier N Fullerton Y Gardner Y Geisinger N Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

N Heckstall Y Hembree
Henson N Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N 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 N Levitas Y Lindsey N Long N Loudermilk
Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin N Maxwell N May Y Mayo N McCall Y McKillip Y Meadows Y Millar N Mills Y Mitchell Y Morgan N Morris
Mosby Y Murphy Y Neal N Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett N Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice N Roberts Y Rogers

Rynders Y Scott, A N Scott, M Y Sellier Y Setzler N Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T
Smith, V Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

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On the motion, the ayes were 127, nays 38.
The motion prevailed.
Representative Pruett of the 144th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Levitas of the 82nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 639. By Representatives Dollar of the 45th, Butler of the 18th, Lane of the 167th, Burkhalter of the 50th, Keen of the 179th 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 supporting the protection of wild dolphins in Georgia; to provide that a portion of the funds generated by the sale of such special license plate be disbursed to EarthEcho International, Inc., for scientific research to conserve the ocean environment and protect wild dolphins; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, so as to provide for a special license plate supporting the Georgia Aquarium in its mission to promote the conservation of aquatic biodiversity throughout the world; to change certain provisions regarding a special license plate supporting the Atlanta Falcons Foundation to a special license plate supporting the Atlanta Falcons Youth Foundation; 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 40-2-86.21, relating to special license plates promoting certain beneficial projects and supporting certain agencies, funds, or nonprofit corporations, is amended in subsection (o), by revising paragraph (23) and by adding a new paragraph to read as follows:

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"(23) A special license plate for the Atlanta Falcons Youth Foundation to assist the charities supported by the foundation. The funds raised by the sale of this special license plate shall be disbursed to the Department of Community Affairs or such other public agency or nonprofit corporation as may be designated Atlanta Falcons Youth Foundation. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Atlanta Falcons' in lieu of the name of the county of issuance." "(40) A special license plate for the Georgia Aquarium to support its mission as an entertaining, educational, and scientific institution and to promote the conservation of aquatic biodiversity throughout the world. The funds raised by the sale of this special plate shall be disbursed to Georgia Aquarium, Inc. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Georgia Aquarium' in lieu of the name of the county of issuance."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Dollar of the 45th moved that the House agree to the Senate substitute to HB 639.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe N Austin N Baker Y Barnard Y Battles N Bearden N Beasley-Teague N Benfield N Benton N Black Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns
Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley N Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J
Everson N Floyd Y Fludd N Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon

Y Heckstall Y Hembree
Henson N Hill, C Y Hill, C.A Y Holt N Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James N Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan N Kaiser Y Keen Y Keown
Knight Y Knox Y Lane, B Y Lane, R

Y Manning N Marin Y Martin Y Maxwell N May N Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J

Y Rynders Y Scott, A N Scott, M N Sellier Y Setzler N Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker
Weldon

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Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T
Cooper N Cox

N Graves Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Levitas Y Lindsey Y Long N Loudermilk Y Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 128, nays 37.

Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice N Roberts Y Rogers

Y Wilkinson Willard
Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 64. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, so as to provide for the completion of the medical certification as to the cause and circumstances of death during a certain period of time; to provide for penalties; to provide that a coroner shall be authorized to complete and sign a medical certification as to the cause and circumstances of death under certain circumstances; 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 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, so as to provide for the completion and filing of the medical certification as to the cause and circumstances of death during a certain period of time; to provide for penalties; to provide that a coroner shall be authorized to complete and sign a medical certification as to the cause and circumstances of death under certain circumstances; to amend Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, so as to provide for certain notification requirements when a death occurs in a different county than where the acts or events resulting in the death occurred; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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Code Section 31-10-15 of the Official Code of Georgia Annotated, relating to death certificate filings, is amended by revising subsections (b) and (c) as follows:
"(b) The funeral director or person acting as such who first assumes custody of the dead body shall file the certificate of death within 72 hours. Such director or person shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible therefor.
(c)(1) The medical certification as to the cause and circumstances of death shall be completed, signed, and returned to the funeral director or person acting as such within 72 hours after death by the physician in charge of the patient's care for the illness or condition which resulted in death, except when inquiry is required by Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act.' In the absence of said physician or with that physician's approval the certificate may be completed and signed by an associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided that such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes. If, 30 days after a death, the physician in charge of the patient's care for the illness or condition which resulted in death has failed to complete, sign, and return the medical certification as to the cause and circumstances of death to the funeral director or person acting as such, the funeral director or person acting as such shall be authorized to report such physician to the Composite State Board of Medical Examiners for discipline pursuant to Code Section 43-34-37. (2) In the event that a physician authorized pursuant to paragraph (1) of this subsection to complete a medical certification as to the cause and circumstances of death has not completed such certification 30 days after the death, a coroner shall be authorized to complete and sign the certification; provided, however, that he or she has reviewed the medical history of the case and determines that the death is due to natural causes. A coroner signing a certification pursuant to this paragraph shall retain the authority granted pursuant to Code Section 45-16-27 to issue subpoenas to compel the production of medical records, provided that such records are related to the death in question. (2) In any area in this state which is in a state of emergency as declared by the Governor due to an influenza pandemic, in addition to any other person authorized by law to complete and sign a death certificate, any registered professional nurse employed by a long-term care facility, advanced practice nurse, physician's assistant, registered nurse employed by a home health agency, or nursing supervisor employed by a hospital shall be authorized to complete and sign the death certificate, provided that such person has access to the medical history of the case, such person views the deceased at or after death, the death is due to natural causes, and an inquiry is not required under Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act.' In such a state of emergency, the death certificate shall be filed by the funeral director in accordance with subsection (b) of this Code section; or, if the certificate is not completed and signed by an appropriate physician or coroner, the public health

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director of preparedness shall cause the death certificate to be completed, signed, and filed by some other authorized person within ten days after death."

SECTION 1A. Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to coroners, is amended by adding a new subsection to Code Section 45-16-22, relating to medical examiners' inquiries, as follows:
"(f.1) When death occurs in a hospital as a direct result and consequence of acts or events taking place in a county other than the one in which such death occurs, the hospital shall immediately notify the coroner or the county medical examiner of the county in which the acts or events resulting in the death occurred."

SECTION 1B. Said chapter is further amended in subsection (a) of Code Section 45-16-24, relating to notification of suspicious or unusual deaths, by revising paragraph (9) and the undesignated text at the end of subsection (a) as follows:
"(9) After having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission, it shall be the duty of any law enforcement officer or other person having knowledge of such death to notify immediately the coroner or county medical examiner of the county wherein in which the acts or events resulting in the death occurred or the body is found or death occurs. For the purposes of this Code section, no person shall be deemed to have died unattended when the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31."

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 64.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs

Y Manning Y Marin Y Martin
Maxwell Y May Y Mayo Y McCall
McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L

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Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 166, nays 2.

Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers

Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 64 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 64.

/s/ Bobby Franklin Representative, District 43

HB 473. By Representatives Harbin of the 118th, Keen of the 179th, Stephens of the 164th, Ehrhart of the 36th, Kaiser of the 59th and others:

A BILL to be entitled an Act 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 grants for clean energy property for a limited period of time from federal funds available for such purposes; to provide for

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definitions; to provide for procedures, conditions, and limitations; 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 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for grants for clean energy property for a limited period of time from federal funds allocated for such purposes; to provide for definitions; to provide for procedures, conditions, and limitations; to exempt the Georgia Technology Authority from certain sales and use taxes; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Code section to read as follows:
"50-23-21. (a) As used in this Code section, the term:
(1) 'Authority' means the Georgia Environmental Facilities Authority. (2) '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 and passive space heating and cooling, 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

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(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. (3) 'Cost' means: (A) In the case of clean energy property owned by a person, cost is the aggregate funds actually invested and expended by a person to put into service the clean energy property; and (B) In the case of clean energy property a person leases from another, cost is eight times the net annual rental rate, which is the annual rental rate paid by the person less any annual rental rate received by the person from subrentals. (4) 'Installation' means the year in which the clean energy property is put into service and becomes eligible for a grant allowed by this Code section. (b)(1) The authority may issue a grant to any person for the construction, purchase, or lease of clean energy property that is placed into service in this state, other than in single-family residential structures, between January 1, 2009, and December 31, 2012, subject to the provisions of this Code section. (2) A person that receives a grant allowed under this Code section shall not be eligible to claim any tax credit under Code Section 48-7-29.14 or any other grant under this Code section with respect to the same clean energy property. (3) A person shall not receive a grant allowed in this Code section for clean energy property the person leases from another unless such person obtains the lessor's written certification that the lessor will not receive a grant under this Code section or claim a credit under Code Section 48-7-29.14 with respect to the same clean energy property. (4) Grants shall not be issued under this Code section except to effect participation in a federal government program which authorizes the use of federal funds for purposes of this Code section. In no event shall the total amount of grants allowed by this Code section exceed federal funds allocated by the authority for such purposes. No funds derived from any other sources shall be granted under this Code section. (5)(A) Any person seeking any grant provided for under this Code section shall submit an application to the authority for approval of such grant. The authority shall promulgate the forms on which the application is to be submitted. The authority shall review such application and shall approve such application upon determining that it meets the requirements of this Code section within 60 days after receiving such application, subject to availability of funds as provided by paragraph (4) of this subsection. (B) To apply for a grant allowed by this Code section, the person shall provide any information required by the authority. Every person receiving a grant under this Code section shall maintain and make available for inspection by the authority any records that the authority considers necessary to determine and verify the amount of the grant to which the person is entitled. The burden of proving eligibility for a grant and the amount of the grant shall rest upon the applicant, and no grant shall be allowed to a person that fails to maintain adequate records or to make them available for inspection.

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(C) The authority shall issue the grants on a first come, first served basis. In no event shall the aggregate amount of grants approved by the authority for all applicants under this Code section exceed the limitations specified in paragraph (4) of this subsection. (6) Any grant allowed by paragraph (1) of this subsection shall not exceed the lesser of 35 percent of the cost of the clean energy property described in subparagraphs (a)(2)(A) through (a)(2)(D) of this Code section or the following grant amounts for any clean energy property: (A) 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)(2)(A) and (a)(2)(D), of this Code section; (B) 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)(2)(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; (C) For Energy Star certified geothermal heat pump systems as described in subparagraph (a)(2)(B) of this Code section, the sum of $100,000.00; (D) For a lighting retrofit project as described in division (a)(2)(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 (E) For an energy efficient building as described in division (a)(2)(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. (c) The authority shall be authorized to adopt rules and regulations to provide for the administration of any grant provided by this Code section. Specifically, the authority shall create a mechanism to track and report the status and availability of grants for the public to review at a minimum on a quarterly basis. (d) The authority shall provide an annual report of: (1) The number of persons that claimed the grants allowed in this Code section; (2) The cost of clean energy property with respect to which grants were issued; (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 grants allowed."
SECTION 1C. Said title is further amended by revising Code Section 50-25-8, relating to tax exemptions for the Georgia Technology Authority, as follows:
"50-25-8.

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It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The authority shall be required to pay no taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision. The tax exemption provided for in this Code section shall include an exemption from all sales and use tax on property purchased or used by the authority."

SECTION 2. This Act shall become effective 30 days after the date it is approved by the Governor or becomes law without such approval.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Harbin of the 118th moved that the House agree to the Senate substitute to HB 473.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner
Burkhalter Y Burns
Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J
Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard Y Hudson Y Hugley Y Jackson Y Jacobs
James 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
Lane, R Y Levitas Y Lindsey

Y Manning Y Marin Y Martin
Maxwell May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Pruett Y Ralston

Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson
Willard

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Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Long N Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 153, nays 4.

Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

SB 26.

By Senators Shafer of the 48th, Mullis of the 53rd, Murphy of the 27th, Douglas of the 17th, Smith of the 52nd and others:

A BILL to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required and the disclosure of exempting legal authority, so as to limit the disclosure of certain private information of firefighters; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

Amend SB 26 (LC 29 3857S) by inserting after "accounts;" on line 5 "to provide that public disclosure shall not be required for certain personal contact information of individuals obtained by a local government; to provide for disclosure of certain information;".

By inserting the following after line 40:

SECTION 1.1. Said Code section is amended by revising paragraph (11.2) of subsection (a) as follows:
"(11.2) Records that would reveal the names, home addresses, telephone numbers, security codes, e-mail addresses, or any other data or information developed, collected, or received by counties or municipalities in connection with neighborhood watch or public safety notification programs or with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; provided, however, that initial police reports and initial incident reports shall remain subject to disclosure pursuant to paragraph (4) of this subsection;".

SECTION 1.2. Said Code section is further amended by revising subparagraph (a)(11.3)(B) by striking "or" at the end of division (viii), by striking the period and inserting "; or" at the end of

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division (ix), and by adding a new division to read as follows: "(x) The disclosure of the date of birth within criminal records."

Representative Willard of the 49th moved that the House agree to the Senate amendment to the House substitute to SB 26.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion the ayes were 172, nays 0.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

The motion prevailed.

HB 487. By Representatives Meadows of the 5th, Maxwell of the 17th, Benton of the 31st, Buckner of the 130th and Gordon of the 162nd:

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A BILL to be entitled an Act to amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to increase the employee contribution to such fund; to increase certain fines and fees; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to increase the employee contribution to such fund; to increase certain fines; to provide for an additional payment to such fund; to amend Article 4 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees relative to the Peace Officers' Annuity and Benefit Fund, so as to provide for a certain employer contribution to such fund; 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 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by revising subsection (a) of Code Section 47-14-40, relating to application for membership in the fund, payments by members into the fund, and penalties for late payment, as follows:
"(a) Any clerk, in order to participate in the benefits provided for in this chapter, shall make application to the Superior Court Clerks' Retirement Fund of Georgia upon forms to be furnished for that purpose by the board, giving such information as may be required by the board. He or she shall pay $50.00 per month into the fund; provided, however, that members who first or again become members on or after September 1, 2009, shall pay $100.00 per month into the fund. All clerks who made application and are accepted for membership in the fund shall remit to the board, not later than the tenth day of each subsequent month, the amount due under this subsection."
SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 47-14-50, relating to payments to the fund from fines and bonds collected in criminal and quasicriminal cases, duty of collecting authority to record and remit, and penalty for late payment, as follows:
"(b) The sum of $1.75 $2.00 shall be paid to the board from each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state law if the case is tried in any court of this state in which the clerk of such court is

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eligible for membership in this retirement fund. The collecting authority shall pay such amounts to the board each month or at such other times as the board may provide. Such amounts shall be due on the first day of the month following the month in which they were collected but shall be deemed timely if received by the board on or before the fifteenth day of the month; provided, however, that for purposes of calculating late payment penalties, the due date shall be the first day of the month. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board. Such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided for in this chapter."
SECTION 3. Said chapter is further amended in Code Section 47-14-51, relating to payments to the fund from fees collected in certain civil actions and for recording of instruments pertaining to real estate, records, audit of records, and use of sums remitted, by adding a new subsection to read as follows:
"(e) The sum of $1.00 shall be paid out of the fees charged and collected pursuant to Title 15 in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk eligible for membership in this retirement fund is clerk and shall be remitted to the board as provided in subsection (c) of this Code section. Such fees shall include, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the superior courts or other such courts."
SECTION 4. Article 4 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees relative to the Peace Officers' Annuity and Benefit Fund, is amended by adding a new Code section to read as follows:
"47-17-61. The Composite State Board of Medical Examiners shall pay an employer contribution for each person who becomes a member of the fund pursuant to division (5)(I)(vi) of Code Section 47-17-1. Such contribution shall be the full actuarial cost of the member's participation as calculated by the actuary for the fund and shall be made on a monthly basis."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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Representative Meadows of the 5th moved that the House agree to the Senate substitute to HB 487.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 161, nays 0.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby
Murphy Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler
Shaw E Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HR 336. By Representatives Everson of the 106th, Cox of the 102nd, Collins of the 95th, Casas of the 103rd and Mitchell of the 88th:

A RESOLUTION honoring the life and sacrifice of Corporal Jonathan Ryan Ayers and dedicating an interchange in his memory; and for other purposes.

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The following Senate substitute was read:
A RESOLUTION
Dedicating certain portions of the state highway system; and for other purposes.
PART I WHEREAS, Corporal Jonathan Ryan Ayers of Snellville, Georgia, died serving his country on Sunday, July 13, 2008; and
WHEREAS, he was a graduate of Shiloh High School where he served with distinction in the ROTC program and won the award for "most impressive commander" in 2002; and
WHEREAS, he joined the Army in April 2006 and went straight from basic and advanced individual training at Fort Benning, Georgia, to the 2nd Battalion, 503rd Infantry Regiment (Airborne), 173rd Airborne Brigade Combat Team, based in Vicenza, Italy; and
WHEREAS, Jonathan served in the Army for two years, during which time he deployed to Afghanistan, where he earned the Silver Star, Bronze Star, Purple Heart, and a Good Conduct Medal for his bravery in combat; and
WHEREAS, he died of wounds sustained when his outpost was attacked by small-arms fire and rocket propelled grenades from enemy forces in Wanat, Afghanistan; and
WHEREAS, CPL Ayers and his fellow soldiers were completing work on a new base in a remote, mountainous region bordering Pakistan; and
WHEREAS, he is survived by his loving parents, Bill and Suzanne Ayers, his brother, Joshua, and his grandmother, Pattie Weatherly; and
WHEREAS, it is only proper and fitting to honor this fallen hero who now stands in the unbroken line of patriots who have dared to die that freedom might live and grow and increase in its blessings.
PART II WHEREAS, Dave S. Miller was born in the Whitehouse community in 1874 and spent his entire life there; and
WHEREAS, he first worked as a blacksmith, and his shop still stands on the east side of Highway 155 just north of Miller's store; and

FRIDAY, APRIL 3, 2009

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WHEREAS, in 1830 Silas Moseley, the ancestor of the Moseley clan in Henry County, built the first bridge and corn mill on Big Cotton Indian Creek, and after the Civil War the Hinton family bought the mill property from the Moseleys; and
WHEREAS, in 1925, Dave S. Miller bought the mill property and from that time until his death in 1966 he ran a very prosperous business which included the corn mill, a cotton gin, a saw mill, and a planing mill; and
WHEREAS, Dave S. Miller's son, Carlton Miller, ran the mill from 1925 until 1947, and his son, David Miller, ran the gin and country store; and
WHEREAS, the mill complex was the center of activity for the community and the operation was active until 1960 when Dave S. Miller was too old to work any more; and
WHEREAS, it is only fitting and proper to honor Dave S. Miller for the tremendous impact he and his sons had on their community and Henry County.
PART III WHEREAS, William Raleigh Cook was born in Henry County, Georgia, on July 4, 1888, and passed away on August 30, 1957; and
WHEREAS, Mamie Leona Steele was born in Henry County, Georgia, on October 5, 1893, and passed away on July 19, 1971; and
WHEREAS, they were married in Henry County on December 18, 1912, and set up a homestead at Little Cotton Indian Creek and Decatur Road (now Ga. Hwy 155); and
WHEREAS, they farmed the local area and lived on Little Cotton Indian Creek throughout their lives, and they served as managers of the historic Shingleroof Campground Hotel in the 1920's and 1930's; and
WHEREAS, they were lifelong members at nearby Salem Baptist Church and greeted and met travelers along Decatur Road for nearly a century; and
WHEREAS, the ancestors of both William and Mamie Cook were among the earliest white settlers of Henry County, Georgia, including John Cook who settled in Henry County after serving in the War of 1812 and also including veterans of the Civil War and the Spanish American War. These ancestors lived in the area around Little Cotton Indian Creek along Decatur Road; and
WHEREAS, the descendants of William and Mamie Cook include four generations of Henry County residents, many of whom still reside on and near the original homestead. Their number includes decorated veterans of the Second World War, the Korean War,

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and the Vietnam Conflict. Additionally, many of these descendants have served Henry County as successful businesspersons, academics, horse and cattle ranchers, real estate developers, and professionals in banking, technology, healthcare, and engineering; and
WHEREAS, it is only proper and fitting that a lasting memorial be dedicated to the memory of William and Mamie Cook.
PART IV WHEREAS, Bobby Walden, the "Big Toe from Cairo" was born in Boston, Georgia, on March 9, 1938; and
WHEREAS, he was an all-state halfback at Cairo and also lettered in basketball and track; and
WHEREAS, he went to the University of Georgia in 1957 and was part of a Bulldog football team that included teammates Fran Tarkenton, Fred Brown, Bill Godfrey, Pat Dye, and Charlie Britt; and
WHEREAS, at the conclusion of his college career, Bobby joined the Edmonton Eskimos, and he led the team in punting, rushing, and receiving in 1961 and 1962; and
WHEREAS, he then joined the Minnesota Vikings of the National Football League and led the NFL in punting in 1965 with an average of 46.4 yards per kick; and
WHEREAS, Bobby was traded to the Pittsburgh Steelers in 1967 and continued as one of the premier punters in the league for the next decade; and
WHEREAS, he was an All-Pro selection in 1974, and he punted for Pittsburgh's Super Bowl championship teams in 1974 and 1975; and
WHEREAS, Bobby has returned to his roots to live in Cairo and Bainbridge since his retirement from professional football in 1977; and
WHEREAS, Bobby has been married for 44 years to the former Scarlett Bates of Bainbridge, and they have one son, Bobby Walden, Jr.; and
WHEREAS, it is only fitting and proper that Bobby Walden be recognized for his outstanding accomplishments on and off the football field.
PART V WHEREAS, the State of Georgia lost one of her great trailblazers and a mighty advocate in George W. Ford, Jr.; and

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WHEREAS, Mr. Ford was a native son of Columbus, Georgia, who was among the first 200 African American men to serve in the Marine Corps and who, after his service in World War II, became a highly respected member of the Civil Rights movement; and
WHEREAS, he inspired fellow African Americans by lighting a torch to follow his example in such leadership roles as cofounding the Urban League of Greater Columbus, serving as president of the local National Association for the Advancement of Colored People branch, and acting as a voice of reason and builder of bridges in his community; and
WHEREAS, Mr. Ford was the founder and president emeritus of Progressive Funeral Home and served with distinction as a member of the board of directors for both Aflac and the Columbus Bank and Trust Company; and
WHEREAS, the work of this mentor, friend, and teacher was honored with the Jim Woodruff, Jr., Memorial Award in 2003; and
WHEREAS, Mr. Ford's actions have paved the way for so many others, and his legacy will live on in future generations of Georgians; and
WHEREAS, it is only proper that George W. Ford, Jr., be honored for his life well lived and that a permanent monument in his memory be established.
PART VI WHEREAS, Edward A. Logan was born in Benton, Louisiana in 1898; and
WHEREAS, he served in the United States Army at the end of World War I and studied engineering by a correspondence course before moving to Hattiesburg, Mississippi, to take a job with the Mississippi Highway Department; and
WHEREAS, several years later he moved to Atlanta and studied until he received his degree in civil engineering and he was then employed by the Georgia Highway Department as a surveyor; and
WHEREAS, in 1924, Mr. Logan was sent to the Florida line to begin surveying and building US 17 and during this time he lived in Woodbine, Brunswick, and Riceboro; and
WHEREAS, he later lived in Savannah, Waycross, and Fitzgerald and then back to Savannah where he worked as the district engineer for all three towns; and
WHEREAS, in 1940, he took leave from the Georgia Highway Department to do defense work with private contractors; and

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WHEREAS, in 1951, he moved to St. Simons Island and went back to work for the Georgia Highway Department in 1958 where he was the district engineer for the Jesup division until he retired in 1968 at age 70; and
WHEREAS, Mr. Logan was a lifelong Presbyterian and served as an elder in the St. Simons Presbyterian Church, and he was also a Rotarian, a 33rd Degree Mason, a Shriner, and a member of the American Legion and loved to hunt deer and turkey; and
WHEREAS, he was married to Eula Mae Best from Hazlehurst, Georgia, and they had two children, Edward and Jean; and
WHEREAS, it is only proper that Edward A. Logan be honored for his life well lived and that a permanent monument in his memory be established.
PART VII WHEREAS, the Honorable Richard S. Gault was a distinguished Georgian and highly respected jurist who will long be remembered as the patriarch of the courts of Forsyth County, as well as a trusted advisor, confidant, and friend to the legal community; and
WHEREAS, Judge Gault died suddenly on July 23, 2003; and
WHEREAS, he graduated from Marietta High School, was a cadet at the United States Air Force Academy, served four years in the Air Force, was honorably discharged with the rank of captain in 1971, and he earned his Juris Doctorate from the Emory University School of Law; and
WHEREAS, he served six years as an Assistant and Special Assistant Attorney General of Georgia, six years as solicitor and four years as judge of the State Court of Cherokee and Forsyth Counties, and 14 years as judge of the Superior Court of the Blue Ridge Circuit; and
WHEREAS, Judge Gault worked tirelessly to ensure that the judicial needs of the citizens of Georgia and fast-growing Forsyth County were met, and his work was vital to the formation of the Bell-Forsyth Judicial Circuit in 1998; and
WHEREAS, his keen intellect, integrity, and skill in communicating the needs of the judicial branch earned him the esteem of his colleagues on the bench and the respect and admiration of members of the executive and legislative branches of state government, as exemplified by his membership on the Chief Justice's Commission on Professionalism from 1997-2002 and on the Supreme Court Blue Ribbon Commission on the Judiciary; and

FRIDAY, APRIL 3, 2009

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WHEREAS, Judge Gault was a dedicated leader in his community as a member of First Baptist Church of Cumming and president of his Unity Sunday School Class, and he was a charter member of the Forsyth County Rotary Club, an organizer in the Charter Class of Leadership Forsyth, and served as director of the Cumming-Forsyth Chamber of Commerce; and
WHEREAS, it is only proper and fitting that the memory of Judge Gault be honored by dedicating a lasting memorial to his life of service to his community and to the State of Georgia.
PART VIII WHEREAS, Doug Ferguson was born on December 28, 1946, to John Lewis Ferguson and Jessie Lorene Ferguson of Emerson, Georgia, and he lived his entire life in Emerson; and
WHEREAS, Doug married Melissa Stokes on March 19, 1969, and they had two sons, Aaron and Alexander, who also reside in Emerson; and
WHEREAS, in 1994, he opened Doug's Place Restaurant in the former Moms Groceries store building, a landmark in Emerson that is over 100 years old; and
WHEREAS, Doug was instrumental in establishing an annual "Emerson Reunion" bringing together former and current Emerson residents for a great time of fellowship and strengthening of the Emerson identity; and
WHEREAS, Doug's Place was recognized by the Georgia House of Representatives in 2001 by means of House Resolution 575 commending Doug's Place Restaurant for being "a fine eating establishment known far and wide as a place for good food, fast service, and ample servings; and the success of this venture no doubt is due to the strong work ethic, fairness, honesty, and talent of the very dedicated Ferguson family"; and
WHEREAS, Doug Ferguson passed away on January 14, 2007, but he shall never be forgotten by the citizens of Emerson; and
WHEREAS, it is only proper that Doug Ferguson be honored for his life well lived and that a permanent monument in his memory be established.
PART IX WHEREAS, David Paul (Bubba) Land was born on February 11, 1971, the fine son of Paul and Linda Land, brother to Shelly, and proud father of Taylor; and
WHEREAS, David realized his dream of being a police officer when, in March of 1990, he became an Atlanta police officer; and

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WHEREAS, in 1992, he went to work for the Stone Mountain Police Department where he worked as an officer until being hired by the Forsyth County Sheriff's Office in December of 1997; and
WHEREAS, while working with the Forsyth County Sheriff's Office, David met Paula Shapiro, who was also working as a deputy with the Sheriff's Office, and in July of 2002, David and Paula were married in a storybook wedding at Walt Disney World in Orlando, Florida; and
WHEREAS, on March 24, 2003, David was promoted to the rank of Sergeant and returned to the uniform patrol; and
WHEREAS, on March 26, 2003, at approximately 1600 hours, Sgt. Land responded to a call for service regarding a fight in progress and as he was traveling west on Highway 20 (Buford Highway) on his motorcycle with lights and siren activated, a motorist turned left into his path and he was thrown from the motorcycle and received fatal injuries; and
WHEREAS, in May of 2004, Sgt. Land was placed on the Police Officer's Memorial Wall in Washington, D.C., by his family, friends, and brothers and sisters of the Forsyth County Sheriff's Office; and
WHEREAS, in December of 2007, David's brothers and sisters of the Fraternal Order of Police Lanier Lodge #82 voted and changed the lodge name to the Sgt. D. P. Land Memorial Lodge #82 in memory of David who served his community and was a friend to all; and
WHEREAS, Sgt. Land paid the ultimate sacrifice by giving his life in the performance of his duties in the career that he loved, and it is only fitting that a lasting memorial to honor his memory be established.
PART IX-A WHEREAS, Tom Buck was born on March 2, 1938, and was educated in the public schools of Columbus, Georgia; and
WHEREAS, his distinguished career included serving 19 consecutive terms of office in the Georgia House of Representatives; and
WHEREAS, he provided stellar leadership as Chairman of the House Committee on Retirement, the House Committee on the University System, the House Committee on Ways and Means, and the House Committee on Appropriations; and
WHEREAS, his expertise on the state budget, developed over years of tireless service as a House budget conferee, and his prodigious knowledge of tax law and policy were

FRIDAY, APRIL 3, 2009

5311

invaluable in developing responsible fiscal policies in times of prosperity and times of hard choices; and
WHEREAS, as Chairman of the Muscogee House Delegation, he was always attentive to the needs of his community; and
WHEREAS, he has been generous with his time and energy for community endeavors, serving on the board of trustees for the Columbus State University Foundation, St. Francis Hospital, and the Columbus River Center for the Performing Arts; and
WHEREAS, his dedication, insight, and tenacity are attributes that have made him an exemplary public servant.
PART IX-B WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the untimely passing of Honorable Jack Hays Morgan, Sr., on March 3, 2009; and
WHEREAS, Mr. Morgan was born in 1919 in Newton County, Georgia, and was known as an intelligent, fair minded, and dedicated community leader and entrepreneur; and
WHEREAS, as a young man, Mr. Morgan worked several odd jobs including picking peaches, working at a bus station snack bar, and delivering bread for a bakery, before he entered the Navy to serve as a guardian of this nation's freedom and liberty; and
WHEREAS, upon his return home from the service, Mr. Morgan entered the agricultural field as a pulpwood cutter and was instrumental in the post-War World II development of Newton County, opening the county's first pulpwood yard, Morgan Timber Company, and later founding the area's first grading and paving services with Morgan Concrete Company; and
WHEREAS, over the years, Mr. Morgan expanded his business and agricultural ventures to include cotton and dairy farming, raising cattle, harvesting peaches and soybeans, and many real estate and development projects; and
WHEREAS, Mr. Morgan's interest in politics and public service began in 1961 when he was elected to the Georgia House of Representatives, and he continued to serve as a state and community leader as Newton County Commission Chairman; and
WHEREAS, during his eight-year tenure as chairman, Mr. Morgan oversaw the paving of 142 miles of county roads and the start of the county's first ambulance service, garbage collections, and landfill; and

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WHEREAS, he was a devoted man of faith and civic leader as an active member of Covington's First United Methodist Church and the Georgia Rural Development Authority; and
WHEREAS, Mr. Morgan was united in love and marriage to Barbara Davis and was blessed with eight remarkable children; and
WHEREAS, Mr. Morgan will long be remembered for his love of family and friendship, and this loyal husband, father, neighbor, and friend will be missed by all who had the great fortune of knowing him.
PART IX-C WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Lamar B. Hays on March 4, 2009; and
WHEREAS, Mr. Hays was born in 1936, in Newton County, Georgia, a beloved son of the late Lee and Sarah Byrd Hays; and
WHEREAS, Mr. Hays served as a guardian of the nation's freedom and liberty with the Air National Guard and was a member of the Woodmen of the World; and
WHEREAS, dedicated to improving his community and the lives of his neighbors, Mr. Hays served as chief of the Mansfield Volunteer Fire Department and served on the City Council of Mansfield for many years; and
WHEREAS, Mr. Hays was the owner of Hays Tractor of Mansfield and enjoyed spending his free time in nature, fishing and gardening; and
WHEREAS, Mr. Hays was united in love and marriage for 47 years to his adoring wife Carrie Henderson Hays, and he was surrounded by loving families of his daughters Susan, Sandra, and Sheila, which included his six grandchildren; and
WHEREAS, this distinguished Georgian gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens and he possessed the vast wisdom which only comes through experience and the strength of character which is achieved through overcoming the many challenges of life; and
WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and

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WHEREAS, Mr. Hays will long be remembered for his love of family and friendship, and this loyal father, grandfather, husband, and friend will be missed by all who had the great fortune of knowing him.
PART IX-D WHEREAS, Jeffrey Steven Blanton was born on November 4, 1981, at Cobb County Hospital in Marietta, Georgia; and
WHEREAS, in 1992, when Jeffrey was 11, he moved with his family to Senoia, Georgia, in Coweta County; and
WHEREAS, from the ages of 11 through 16, Jeffrey played baseball in the Senoia Recreation Department league; and
WHEREAS, in his seventh and eighth grade years he played football for East Coweta Middle School; and
WHEREAS, at the age of 15 he gave his life to God, was baptized, and became a member of Starr's Mill Baptist Church in Fayetteville, Georgia; and
WHEREAS, Jeffrey's love of baseball continued from the ages of 16 through 19 as an umpire for the Senoia Recreation Department league; and
WHEREAS, during his junior year in high school he joined the Vocational Opportunities Club of America, and in 1999 he won first place for the East Coweta High School math team at a competition at St. Simons Island; and
WHEREAS, at an early age of 16 he showed a real interest in joining the military and joined the R.O.T.C. in his junior year and stayed until his senior year; and
WHEREAS, Jeffrey's hobbies included hunting and fishing and he loved to fish for trout and hunt for deer; and
WHEREAS, he graduated from Marietta High School in June, 2001, and after the disasters on September 11, 2001, he made the decision to enlist in the Marines so he could fight the war on terrorism for his country; and
WHEREAS, he enlisted in November, 2001, and in March, 2002, he left for Parris Island for 13 weeks of boot camp, and afterwards he was sent to Camp Lejeune in North Carolina for infantry training; and

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WHEREAS, when he completed his training he was stationed in Hawaii where he received more extensive training and was able to travel to places like Japan and Afghanistan; and
WHEREAS, while in Hawaii, Jeffrey met and married an Army paralegal on February 29, 2004; and
WHEREAS, in June, 2004, he was deployed to Iraq where he served until he was shot in the foot and lost three of his toes, for which he received a Purple Heart and was offered an honorable discharge; but he decided he would stay in the Marines and that his place was with his men. He went back on duty on December 11 and was killed during sweep missions on December 12, 2004; and
WHEREAS, on December 20, 2004, Jeffrey was laid to rest at Marietta National Cemetery; and
WHEREAS, LCPL Jeffrey Blanton loved and served his country with great pride, and his loyalty and service should always be remembered for generations to come.
PART IX-E WHEREAS, Edith C. Fulgham was a retired nutritionist with the Lanier County School System; and
WHEREAS, she cared for her own children as well as all of the school children in Lanier County; and
WHEREAS, she was beloved by everyone that had the opportunity to spend time with her; and
WHEREAS, it is only fitting and proper that a lasting memorial to this fine lady be established in Lanier County.
PART X NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the interchange at US 78 and Killian Hill Road, in Gwinnett County, be dedicated as the CPL Jonathan Ryan Ayers Memorial Interchange.
BE IT FURTHER RESOLVED that the new bridge in Henry County over Big Cotton Creek be dedicated as the Dave S. Miller Memorial Bridge.
BE IT FURTHER RESOLVED that the bridge on SR 155 at Little Cotton Indian Creek be dedicated as the William R. and Mamie Steele Cook Memorial Bridge.

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BE IT FURTHER RESOLVED that the portion of U.S. Highway 84, in Decatur County, Georgia, from the Grady County line west to the traffic light at Whigham Dairy Road, within the limits of the Wiregrass Georgia Parkway, be dedicated as the Bobby Walden Highway.
BE IT FURTHER RESOLVED that the interchange at Interstate Highway 85 and St. Mary's Road in Muscogee County be dedicated as the George W. Ford, Jr. Interchange.
BE IT FURTHER RESOLVED that the bridge in Glynn County over Fancy Bluff Creek on SR 520/SR 25 at milepost 14.75 be dedicated as the Edward A. Logan Memorial Bridge.
BE IT FURTHER RESOLVED that the interchange at GA 400 and SR 20 in Forsyth County be dedicated as the Judge Richard S. (Stan) Gault Memorial Interchange.
BE IT FURTHER RESOLVED that the bridge being erected over Hwy 41, in Emerson, Georgia, be dedicated as the Doug Ferguson Memorial Bridge.
BE IT FURTHER RESOLVED that the bridge on SR 20 over Haw Creek in Forsyth County, Georgia, be dedicated as the Sgt. D. P. Land Memorial Bridge.
BE IT FURTHER RESOLVED that the portion of SR 22 Spur from US 27 (Veterans Parkway) to Brown Avenue in Muscogee County, Georgia, be dedicated as the Tom Buck Parkway.
BE IT FURTHER RESOLVED that the portion of US 278 in Newton County from its intersection with Martin Luther King, Jr., Drive to its intersection with GA 142 be dedicated as the Jack and Davis Morgan Memorial Highway.
BE IT FURTHER RESOLVED that the portion of GA Hwy 11 inside the city limits of Mansfield, Georgia, be dedicated as the Lamar B. Hays Memorial Parkway.
BE IT FURTHER RESOLVED that the portion of SR 85 from the Fayette/Coweta County line to the Meriwether County line be dedicated as the Jeffrey Steven Blanton Memorial Highway.
BE IT FURTHER RESOLVED that the bridge on SR 135 over Big Creek in Lanier County be dedicated as the Edith C. Fulgham 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.

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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 Corporal Jonathan Ryan Ayers, to the family of Dave S. Miller, to the family of William R. and Mamie Steele Cook, to Robert Earl (Bobby) Walden, to the family of George W. Ford, Jr., to the family of Edward A. Logan, to the family of Richard S. (Stan) Gault, to the family of Doug Ferguson, to the family of Sgt. D. P. Land, to Tom Buck, to the family of Jack Hays Morgan, Sr., to the family of Davis Morgan, to the family of Lamar B. Hays, to the family of Jeffrey Steven Blanton, and to the family of Edith C. Fulgham.

Representative Everson of the 106th moved that the House agree to the Senate substitute to HR 336.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holt Y Horne Y Houston Y Howard
Hudson Y Hugley
Jackson Y Jacobs Y James 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
Lindsey Y Long 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 Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon E Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

FRIDAY, APRIL 3, 2009

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On the motion, the ayes were 164, nays 1.
The motion prevailed.
HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Dawkins-Haigler of the 93rd:
A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Morgan of the 39th moved that the House insist on its position in amending the Senate substitute to HB 251 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 Morgan of the 39th, Casas of the 103rd and Coleman of the 97th.
HB 528. By Representatives McCall of the 30th and England of the 108th:
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 require developers to provide audits to homeowners in certain circumstances; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to require developers to provide audits to homeowners and condominium owners in certain circumstances; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, is amended by adding a new article to read as follows:

"ARTICLE 7

44-3-250. Any developer that directly manages a homeowners' or condominium owners' association whose annual assessment fee is $500.00 or more in a development or subdivision with 20 or more homes shall provide a report itemizing the expenses for such homeowners' or condominium owners' association to each homeowner or condominium owner not later than 60 days after the end of the year for which fees were assessed. This Code section shall not apply to any development that has been made a property owners' development in accordance with Article 6 of this chapter, the 'Georgia Property Owners' Association Act.'"

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative McCall of the 30th moved that the House agree to the Senate substitute to HB 528.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley
Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Parham Y Parrish

Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor

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Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 170, nays 0.

Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 141. By Representatives Mills of the 25th and Hill of the 21st:

A BILL to be entitled an Act to amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to update definitions; to provide for penalties for failure to provide requested information by financial institutions; to include bank holding companies in the definition of financial institutions; to include credit unions in restricted nomenclature; to broaden the definition of legal lending limit; to provide for payment of dividends by Subchapter S banks; to change the amount of par value; to provide for the investigative powers of the Department of Banking and Finance; to provide for immunity from civil liability for proper disclosure of information; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

Amend HB 141 (LC 34 2046S) by inserting after "regulation;" on line 12 the following: to amend Code Section 10-1-393, relating to unlawful unfair or deceptive practices in consumer transactions an in trade and commerce, so as to provide further illustration of an unfair or deceptive trade practices applying to financial and other business institutions;

By redesignating Sections 18 and 19 as Sections 19 and 20, respectively.

By inserting between lines 359 and 360 the following:

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SECTION 18. Code Section 10-1-393, relating to unlawful unfair or deceptive practices in consumer transactions, is amended in subsection (b) by adding a new paragraph to read as follows: "(34) For any person, firm, partnership, business, association, or corporation to willfully and knowingly accept or use an individual taxpayer identification number issued by the Internal Revenue Service for fraudulent purposes and in violation of federal law."

Representative Mills of the 25th moved that the House agree to the Senate amendment to HB 141.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 169, nays 1.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy E Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon E Wilkinson
Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

FRIDAY, APRIL 3, 2009

5321

The motion prevailed.
HB 388. By Representatives Mills of the 25th, Everson of the 106th, Keen of the 179th, Harbin of the 118th, Walker of the 107th and others:
A BILL to be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide for legislative intent; to provide a short title; to change the definition of "child" to include a human embryo; to provide for definitions; to provide for procedures for embryo adoption; to provide for nonapplicability of certain dependent exemption for income tax purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to enact the "Option of Adoption Act"; to provide a short title; to define certain terms; to provide that a legal embryo custodian may relinquish rights to an embryo; to provide for procedures; to provide that a child born as a result of such relinquished embryo shall be the legal child of the recipient; to provide for an expedited order of parentage; to amend the Official Code of Georgia Annotated so as to conform provisions and 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. This Act shall be known and may be cited as the "Option of Adoption Act."
SECTION 2. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by designating the existing chapter as Article 1 and adding a new article to read as follows:
"ARTICLE 2
19-8-40. As used in this article, the term:
(1) 'Embryo' or 'human embryo' means an individual fertilized ovum of the human species from the single-cell stage to eight-week development.

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(2) 'Embryo relinquishment' or 'legal transfer of rights to an embryo' means the relinquishment of rights and responsibilities by the person or persons who hold the legal rights and responsibilities for an embryo and the acceptance of such rights and responsibilities by a recipient intended parent. (3) 'Embryo transfer' means the medical procedure of physically placing an embryo into the uterus of a female. (4) 'Legal embryo custodian' means the person or persons who hold the legal rights and responsibilities for a human embryo and who relinquishes said embryo to another person or persons. (5) 'Recipient intended parent' means a person or persons who receive a relinquished embryo and who accepts full legal rights and responsibilities for such embryo and any child that may be born as a result of embryo transfer.
19-8-41. (a) A legal embryo custodian may relinquish all rights and responsibilities for an embryo to a recipient intended parent prior to embryo transfer. A written contract shall be entered into between each legal embryo custodian and each recipient intended parent prior to embryo transfer for the legal transfer of rights to an embryo and to any child that may result from the embryo transfer. The contract shall be signed by each legal embryo custodian for such embryo and by each recipient intended parent in the presence of a notary public and a witness. Initials or other designations may be used if the parties desire anonymity. The contract may include a written waiver by the legal embryo custodian of notice and service in any legal adoption or other parentage proceeding which may follow. (b) If the embryo was created using donor gametes, the sperm or oocyte donors who irrevocably relinquished their rights in connection with in vitro fertilization shall not be entitled to any notice of the embryo relinquishment, nor shall their consent to the embryo relinquishment be required. (c) Upon embryo relinquishment by each legal embryo custodian pursuant to subsection (a) of this Code section, the legal transfer of rights to an embryo shall be considered complete, and the embryo transfer shall be authorized. (d) A child born to a recipient intended parent as the result of embryo relinquishment pursuant to subsection (a) of this Code section shall be presumed to be the legal child of the recipient intended parent; provided that each legal embryo custodian and each recipient intended parent has entered into a written contract.
19-8-42. (a) Prior to the birth of a child or following the birth of a child, a recipient intended parent may petition the superior court for an expedited order of adoption or parentage. In such cases, the written contract between each legal embryo custodian and each recipient intended parent shall be acceptable in lieu of a surrender of rights. (b) All petitions under this article shall be filed in the county in which any petitioner or any respondent resides.

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(c) The court shall give effect to any written waiver of notice and service in the legal proceeding for adoption or parentage. (d) In the interest of justice, to promote the stability of embryo transfers, and to promote the interests of children who may be born following such embryo transfers, the court in its discretion may waive such technical requirements as the court deems just and proper.
19-8-43. Upon a filing of a petition for adoption or parentage and the court finding that such petition meets the criteria required by this article, an expedited order of adoption or parentage shall be issued and shall be a final order. Such order shall terminate any future parental rights and responsibilities of any past or present legal embryo custodian or gamete donor in a child which results from the embryo transfer and shall vest such rights and responsibilities in the recipient intended parent."
SECTION 3. Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to jurisdiction of the juvenile court, is amended by revising subparagraph (a)(2)(C) as follows:
"(C) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Article 1 of Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child;"
SECTION 4. Code Section 19-8-26 of the Official Code of Georgia Annotated, relating to how surrender of parental rights is executed, is amended by revising subsection (c) as follows:
"(c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-5 shall conform substantially to the following form:
SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION NOTICE TO PARENT OR GUARDIAN: This is an important legal document and by signing it you are surrendering all of your right, title, and claim to the child identified herein, so as to facilitate the child's placement for adoption. You are to receive a copy of this document and as explained below have the right to withdraw your surrender within ten days from the date you sign it.
______________ I, the undersigned, being solicitous that my (male) (female) child, born (insert name of child), on (insert birthdate of child), should receive the benefits and advantages of a

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good home, to the end that (she) (he) may be fitted for the requirements of life, consent to this surrender. I, the undersigned, (insert relationship to child) of the aforesaid child, do hereby surrender the child to (insert name, surname not required, of each person to whom surrender is made), PROVIDED each such person is named as petitioner in a petition for adoption of the child filed in accordance with Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date hereof. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by (insert name, surname not required, of each person to whom surrender is made) in thus providing for the child, I do relinquish all right, title, and claim to the child herein named, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child. It is also my wish, intent, and purpose that if each such person is not named as petitioner in a petition for adoption as provided for above within the 60 day period, other than for excusable neglect, or, if said petition for adoption is filed within 60 days but the adoption action is dismissed with prejudice or otherwise concluded without an order declaring the child to be the adopted child of each such person, then I do hereby surrender the child as follows:
(Mark one of the following as chosen) ____ I wish the child returned to me, and I expressly acknowledge that this provision applies only to the limited circumstance that the child is not adopted by the person or persons designated herein and further that this provision does not impair the validity, absolute finality, or totality of this surrender under any circumstance other than the failure of the designated person or persons to adopt the child and that no other provision of this surrender impairs the validity, absolute finality, or totality of this surrender once the revocation period has elapsed; or ____ I surrender the child to (insert name of designated licensed child-placing agency), a licensed child-placing agency, for placement for adoption; or ____ I surrender the child to the Department of Human Resources, as provided by subsection (k) of Code Section 19-8-5, for placement for adoption; and (insert name of designated licensed child-placing agency) or the Department of Human Resources may petition the superior court for custody of the child in accordance with the terms of this surrender. Furthermore, I hereby agree that the child is to be adopted either by each person named above or by any other such person as may be chosen by the (insert name of designated licensed child-placing agency) or the Department of Human Resources and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. Furthermore, I understand that under Georgia law an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child and I hereby agree to cooperate fully with such agent in the conduct of this investigation.

FRIDAY, APRIL 3, 2009

5325

Furthermore, I hereby certify that I have received a copy of this document and that I understand I may only withdraw this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to (insert name and address of agent of each person to whom surrender is made) within ten days from the date hereof; that the ten days shall be counted consecutively beginning with the day immediately following the date hereof; however, if the tenth day falls on a Saturday, Sunday, or legal holiday then the last day on which the surrender may be withdrawn shall be the next day that is not a Saturday, Sunday, or legal holiday; and I understand that it may NOT be withdrawn thereafter. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this surrender document and do so freely and voluntarily. Witness my hand and seal this ______ day of ______________, ____.

__________________ Unofficial witness Sworn to and subscribed before me this ______ day of ______________, ____.

______________(SEAL) (Parent or guardian)

_______________________ Notary public (SEAL) My commission expires ______________."

SECTION 5. Code Section 29-2-22 of the Official Code of Georgia Annotated, relating to authority of a guardian, is amended by revising paragraph (4) of subsection (a) as follows:
"(4) Execute a surrender of rights to enable the adoption of the minor pursuant to the provisions of Article 1 of Chapter 8 of Title 19 or the adoption laws of any other state; and"

SECTION 6. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies, is amended by revising paragraphs (1) and (2) of subsection (q) as follows:
"(1) Adopt a child or children from receiving or accepting a child or children in the individual's home in anticipation of filing a petition for adoption under Article 1 of Chapter 8 of Title 19; or (2) Have that individual's child or children placed for adoption from placing that individual's child or children in the home of an individual who is not related to the child or children in anticipation of the individual's initiation of adoption proceedings pursuant to Article 1 of Chapter 8 of Title 19."

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SECTION 7. 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 388.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton N Black 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
Channell Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Cooper Y Cox

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson N Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne N Houston N Howard Y Hudson N Hugley Y Jackson Y Jacobs N James
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 Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B
Maddox, G N Mangham

On the motion, the ayes were 108, nays 61.

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo N McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham
Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre N Stephens, M
Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Collins of the 95th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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5327

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.
The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:
Mr. Speaker:
The Senate insists on its substitutes to the following bills of the House:
HB 63. 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 for additional requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th:
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,

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and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
The Senate has disagreed to the House amendment to the following bill of the Senate:
SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th:
A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:
HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; 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, Heath of the 31st, and Butterworth of the 50th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

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HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; 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, Smith of the 52nd, and Unterman of the 45th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 68. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; 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, Butterworth of the 50th, and Shafer of the 48th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Smith of the 52nd, Hamrick of the 30th, and Cowsert of the 46th.

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The Senate has agreed to the House substitute as amended by the Senate to the following bill of the Senate:
SB 196. By Senators Jackson of the 24th, Douglas of the 17th, Goggans of the 7th, Thomas of the 54th, Powell of the 23rd and others:
A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise penalties for causing serious injury due to a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate adheres to its amendments and has appointed a Committee of Conference on the following bill of the House:
HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible single-family residence; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
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 Pearson of the 51st.
Mr. Speaker:
The Senate has disagreed to the House substitute to the following bill of the Senate:
SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd and others:
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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; to provide for related matters; to

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provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate insists on its substitutes to the following bills of the House:
HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 318. By Representatives McCall of the 30th and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; 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 258. By Representative Scott of the 153rd:
A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; 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 and Resolution of the House and Senate, having been postponed from the previous legislative day, were taken up for consideration and read the third time:

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SB 64.

By Senators Reed of the 35th, Butler of the 55th, Tate of the 38th, Unterman of the 45th, Sims of the 12th and others:

A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide that certain incarcerated persons shall be tested for HIV prior to discharge; to provide for notice; to provide for counseling; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide that certain incarcerated persons shall be tested for HIV prior to release; to provide for notice and counseling; to require the Department of Corrections to seek funding for such HIV testing program; to provide for 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 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, is amended by adding a new Code section to read as follows:
"42-5-52.2. (a) For purposes of this Code section, 'HIV' means HIV as defined by Code Section 3122-9.1. (b) The department shall implement an HIV testing program whereby any state inmate who has been in the custody of a state penal institution for one year or longer and who has not previously tested positive for HIV shall be tested for HIV within 30 days prior to his or her expected date of release from the custody of the department. (c) Each person tested as provided in subsection (b) of this Code section shall be notified by the department in writing of the results of such testing prior to his or her release. Prior to the release of any person testing positive for HIV, the appropriate information as required by Code Sections 24-9-47 and 31-22-9.2 or other law shall be provided by the department to the Department of Human Resources. Prior to the release of any person testing positive for HIV, the department shall also provide to such person in writing contact information regarding medical, educational, and counseling services available through the Department of Human Resources. Any person testing positive for HIV shall be provided instruction relating to living with HIV, the

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prevention of the spread of such virus, and the legal consequences of infecting unknowing partners. (d) The department shall seek state and federal grants or other possible sources of revenue for the purpose of funding a program of HIV testing authorized by this Code section. In addition, the department is authorized to accept gifts, subject to the approval of the board, for the purpose of funding such program. (e) The department shall consolidate inmates who have tested positive for HIV in a manner that most efficiently provides education, counseling, and treatment for such persons. (f) The provisions of this Code section shall not be construed to limit the provision for HIV testing in Code Section 42-9-42.1."

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 N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey
Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene

N Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A
Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V
Smyre Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Taylor
Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard

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Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Ramsey Randall
Y Reece Y Reese Y Rice Y Roberts Y Rogers

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 4.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 231. By Senator Weber of the 40th:

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 establish the PROMISE III teacher's scholarship; to provide for eligibility requirements; to provide for service cancelable requirements; to provide for the maximum amount; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for preparatory tests for college entrance exams; to provide for enrollment counts for students in certain dual enrollment programs; to provide for requirements for weighting of students in certain dual enrollment courses under the Quality Basic Education Formula; to remove the sunset provision from the Georgia Master Teacher Program; to provide for placement on the state salary schedule for an educator who has a leadership degree but is not in a leadership position; to establish the PROMISE III teacher's scholarship; to provide for eligibility requirements; to provide for service cancelable requirements; to provide for the maximum amount; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 2 of Article 6 of Chapter 2, relating to competencies and core curriculum under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-146.1.

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(a) In the event that state funding is provided to local school systems to offer the PSAT to its students, such state funding shall also be made available for purposes of offering the ACT PLAN assessment to such students. (b) It shall be the choice of each student as to which preparatory assessment he or she elects to take."
SECTION 2. Said title is further amended by revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional program, as follows:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. A student who is enrolled in a dual enrollment program other than as established in Code Section 20-2161.1 shall be counted for the high school program or other appropriate program for each segment in which the student is attending the high school or attending a postsecondary course conducted at the high school, as long as the dual enrollment

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program is provided (1) at a charter school or (2) at a high school pursuant to an agreement between the local school system and a postsecondary institution if such agreement has been approved by the State Board of Education. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date."
SECTION 3. Said title is further amended in Code Section 20-2-161, relating to the Quality Basic Education Formula, by adding a new subsection to read as follows:
"(c.1) For purposes of calculating the annual allotment of funds to each local school system, a student who is enrolled in a dual enrollment program other than as established in Code Section 20-2-161.1 shall be counted for the high school program or other appropriate program for each segment in which the student is attending the high school or attending a postsecondary course conducted at the high school, as long as the dual enrollment program is provided (1) at a charter school or (2) at a high school pursuant to an agreement between the local school system and a postsecondary institution if such agreement has been approved by the State Board of Education."
SECTION 4. Said title is further amended by revising Code Section 20-2-205, relating to the Georgia Master Teacher Program, as follows:
"20-2-205. (a) The General Assembly finds that excellent public school teachers deserve recognition for the extraordinary learning opportunity they provide to Georgia students. (b) The Professional Standards Commission is authorized and directed to establish the 'Georgia Master Teacher Program' to provide recognition to certificated public school teachers who exhibit excellence in the classroom. (c) The Professional Standards Commission shall establish criteria for a Master Teacher Certification. Such criteria shall include, at a minimum, evidence of student achievement, which must include student progress. A public school teacher with three or more years of teaching experience in Georgia may submit an application to the Professional Standards Commission for a Master Teacher Certification. The Professional Standards Commission shall review each application and determine whether a teacher meets the criteria for a Master Teacher Certification. If the Professional Standards Commission finds that a teacher's application meets the criteria, the teacher will be given a Master Teacher Certification, and that teacher will be known as and may be called a Master Teacher for a term to be determined pursuant to rules

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and regulations of the Professional Standards Commission, but in no event longer than seven years. The Professional Standards Commission is authorized to develop rules and regulations governing the Master Teacher Certification. (d) This Code section shall be repealed on June 30, 2009."
SECTION 5. Said title is further amended in Code Section 20-2-212, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," by revising subsection (a) as follows:
"(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory performance evaluation. For purposes of this subsection, an educator's placement on the salary schedule shall not be based on a leadership degree, which shall mean a degree earned in conjunction with completion of an educator leadership preparation program approved by the Professional Standards Commission, if the degree was earned on or after July 1, 2010, unless the educator is employed in a leadership position as defined by the State Board of Education but shall be placed on the salary schedule attributable to the educator but for the leadership certification; provided, however, that this shall not apply to an educator who possessed a leadership certificate prior to July 1, 2010, regardless of whether or not he or she is in a leadership position. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro rata portion of the respective salary

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prescribed by the schedule of minimum salaries, except as required by this Code section."
SECTION 6. Said title is further amended by adding a new Code section to read as follows:
"20-3-519.15. (a) To be eligible for a PROMISE III teacher's scholarship, a student seeking alternative certification as a teacher shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia for purposes of the tuition equalization grant; (2) Possess a bachelor's degree or higher; (3) Be accepted for enrollment into an approved alternative teacher certification program in Georgia leading to initial certification. Such alternative program shall be a teacher certification program not offered by a public or private postsecondary institution as approved by the Professional Standards Commission; and (4) Agree to teach in a public school in Georgia at the elementary, middle, or secondary level for one academic year for each $1,500.00 in PROMISE III teacher scholarship funds awarded and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled. (b) 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 PROMISE III teacher's scholarship shall not exceed a total of $3,000.00 per recipient. (c) A student who terminates participation in the approved alternative teacher certification program or who is otherwise dropped from participation by the program shall not be eligible to continue receiving a PROMISE III teacher's scholarship. Such student shall also not be eligible to receive a PROMISE teacher's scholarship or a PROMISE II teacher's scholarship. (d) A student shall not be eligible to receive a PROMISE III teacher's scholarship if such student is ineligible for certification by action of the Georgia Professional Standards Commission."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Parrish of the 156th, Roberts of the 154th, and Rynders of the 152nd move to amend the House Committee on Higher Education substitute to SB 231 (LC 28 4801S) by inserting after "amount;" on line 9 the following:
to require legislative approval for the creation, consolidation, suspension, or discontinuation of a technical college or institution under the State Board of Technical and Adult Education;

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By inserting after line 166 the following:
SECTION 6A. Said title is further amended in Article 2 of Chapter 4, relating to technical and adult education, by adding a new Code section to read as follows:
"20-4-37. On and after July 1, 2010, no creation, consolidation, suspension, or discontinuation of a technical college or institution under the State Board of Technical and Adult Education shall be effective or have any force and effect unless approved by the General Assembly in accordance with this Code section. Legislative approval shall be by Act of the General Assembly or the adoption of a joint resolution of the General Assembly."
The following amendment was read:
Representative Millar of the 79th moves to amend the House Committee on Higher Education substitute to SB 231 (LC 28 4801S) by striking lines 2 through 4 and inserting in lieu thereof the following:
provide for preparatory tests for college entrance exams; to
By inserting after "position;" on line 7 the following:
to provide that a public school student can attend any school in the local school system under certain conditions; to provide for continued attendance at such school; to provide for statutory construction;
By striking lines 23 through 67 and inserting in lieu thereof "Reserved."
By striking lines 69 through 78 and inserting in lieu thereof "Reserved."
By inserting between lines 139 and 140 the following:
SECTION 5A. Said title is further amended in Part 13 of Article 6 of Chapter 2, relating to organization of schools and school systems under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-295. (a) Beginning in school year 2010-2011, the parent or guardian of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system in which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent or guardian shall assume the responsibility and cost of transportation of the student to and from the school.

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(b) No later than July 1, 2010, each local school system shall establish a universal, streamlined process available to all students to implement the transfer requirements of subsection (a) of this Code section. (c) A student who transfers to another school pursuant to this Code section may, at his or her election, continue to attend such school until the student completes all grades of the school. (d) This Code section shall not be construed to affect any student currently attending a school other than the school to which the student has been assigned by the local board of education pursuant to a transfer authorized under the federal No Child Left Behind Act (P.L. 107-110)."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Brooks
Bruce N Bryant Y Buckner Y Burkhalter Y Burns N Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell N Cheokas Y Coan Y Cole Y Coleman
Collins, D N Collins, T Y Cooper Y Cox

Crawford N Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dollar
Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin
Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon E Graves N Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne N Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson N Johnson, C Y Johnson, T
Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lindsey Y Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning Y Marin Y Martin N Maxwell Y May Y Mayo N McCall Y McKillip N Meadows Y Millar Y Mills Y Mitchell Y Morgan N Morris Y Mosby N Murphy N Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish N Parsons Y Peake Y Porter Y Powell, A Y Powell, J N Pruett N Ralston
Ramsey Y Randall N Reece Y Reese Y Rice N Roberts Y Rogers

N Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V
Smyre N Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet
Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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On the adoption of the amendment, the ayes were 126, nays 37.
The amendment was adopted.
The following amendment was read and adopted:
Representative Hembree of the 67th moves to amend the House Committee on Higher Education substitute to SB 231 (LC 28 4801S) by inserting after "amount;" on line 9 the following:
to change the name of the State Board of Technical and Adult Education to the State Board of the Technical College System of Georgia; to amend various provisions of the Official Code of Georgia Annotated to change references to reflect such name change;
By inserting after line 166 the following:
SECTION 6A. Said title is further amended by revising Code Section 20-4-10, relating to the establishment of the State Board of Technical and Adult Education, as follows:
"20-4-10. (a) There is established a the State Board of the Technical College System of Georgia, formerly known as the State Board of Technical and Adult Education consisting of not fewer than one member from each congressional district and nine at-large members who shall be appointed by the Governor and confirmed by the Senate for five-year terms. Board members in office on June 30, 2000, shall serve out the remainder of their respective terms. Upon expiration of those terms, the Governor shall appoint seven successors to two-year terms, six successors to three-year terms, and six successors to five-year terms. All subsequent appointments shall be for regular five-year terms. Members shall represent business, industry, or economic development. The board shall elect from its members a chairperson, vice chairperson, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy in the same manner as the original appointment and the person so appointed shall serve for the unexpired term of office. (b) As used in this article, the term 'state board' means the State Board of Technical and Adult Education the Technical College System of Georgia."
SECTION 6B. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "State Board of Technical and Adult Education," "Board of Technical and

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Adult Education" or "board of technical and adult education," wherever any such term occurs with "State Board of the Technical College System of Georgia":
(1) Code Section 12-5-127, relating to the licensing of water well contractors; (2) Code Section 12-11-11, relating to the Conservation Corps Advisory Council; (3) Code Section 20-1-22, relating to definitions relative to the "Drug-free Postsecondary Education Act of 1990"; (4) Code Section 20-1-26, relating to promulgation of administrative procedures for implementation of the "Drug-free Postsecondary Education Act of 1990"; (5) Code Section 20-2-161.1, relating to academic credit for enrollment in postsecondary courses; (6) Code Section 20-2-169, relating to receipt of federal funds for career, occupational, or technical education; (7) Code Section 20-4-11, relating to the powers of the State Board of Technical and Adult Education; (8) Code Section 20-4-12, relating to expenses and mileage allowance for the State Board of Technical and Adult Education; (9) Code Section 20-4-13, relating to meetings of the State Board of Technical and Adult Education; (10) Code Section 20-4-14, relating to the establishment of the Technical College System of Georgia; (11) Code Section 20-4-15, relating to the establishment of adult literacy programs; (12) Code Section 20-4-16, relating to funding for adult literacy programs and postsecondary technical education programs; (13) Code Section 20-4-19, relating to conformity to board standards, policies, and procedures of adult literacy programs; (14) Code Section 20-4-21, relating to tuition fees for the Technical College System of Georgia; (15) Code Section 20-4-24, relating to use of personnel by local units of administration in the Technical College System of Georgia; (16) Code Section 20-4-25, relating to membership in the retirement system; (17) Code Section 20-4-35, relating to the reduction in force policy; (18) Code Section 20-4-40, relating to the establishment of the quick start training program; (19) Code Section 20-4-41, relating to the extent and nature of the quick start training program to be offered; (20) Code Section 20-4-43, relating to agreements for local facilities and employees for training; (21) Code Section 20-4-44, relating to qualifications of employees of the quick start training program; (22) Code Section 20-4-45, relating to equipment procurement and use for the quick start training program; (23) Code Section 20-4-46, relating to standards, rules, and regulations of the quick start training program;

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(24) Code Section 20-4-47, relating to acceptance of federal and private grants; (25) Code Section 20-13-8, relating to licensure of the Georgia Public Telecommunications Commission; (26) Code Section 20-13-9, relating to content of instructional television; (27) Code Section 20-14-3, relating to membership, officers, and meetings of the Education Coordinating Council; (28) Code Section 20-14-50, relating to the adoption of performance measures, report cards, and audit under the postsecondary accountability assessment program; (29) Code Section 20-16-2, relating to definitions relative to the "Georgia Higher Education Facilities Authority Act"; (30) Code Section 20-16-3, relating to the creation of the Georgia Higher Education Facilities Authority; (31) Code Section 20-16-4, relating to the powers of the Georgia Higher Education Facilities Authority; (32) Code Section 38-3-22.2, relating to the establishment of Airport Anti-Terrorism Training Committee; (33) Code Section 42-2-5.1, relating to special school district for school age youth and education programs for adult offenders; (34) Code Section 43-14-6, relating to powers and duties of divisions relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors,; (35) Code Section 45-7-21, relating to expense allowance and travel cost reimbursement for members of certain boards and commissions; (36) Code Section 45-12-132, relating to contracts exempt from certain requirements; (37) Code Section 50-20-8, relating to applicability of provisions for relations with nonprofit contractors; and (38) Code Section 50-36-1, relating to verification of lawful presence within United States.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker

Crawford N Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston

Y Manning Marin
Y Martin Y Maxwell Y May Y Mayo N McCall Y McKillip

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon Y Shipp

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Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd N Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Dollar Dooley
Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon E Graves N Greene Y Hamilton
Hanner Y Harbin Y Harden, B
Harden, M Y Hatfield Y Heard

Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson N Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser
Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R N Levitas Y Lindsey Y Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish N Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett N Ralston N Ramsey Y Randall N Reece Y Reese Y Rice N Roberts Y Rogers

Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V
Smyre N Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas N Thompson Y Walker Y Weldon 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 139, nays 23.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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.

House of Representatives Atlanta, Georgia 30334

This version of SB 231 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of SB 231.

/s/ Bobby Franklin Representative, District 43

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SB 238. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; 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 Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for utilization by the Board of Regents of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Education Authority (University) of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Board of Technical and Adult Education of certain construction related services of the Georgia State Financing and Investment Commission; to provide for utilization by the Georgia Higher Education Facilities Authority of certain construction related services of the Georgia State Financing and Investment Commission; to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding a new Code section to read as follows:
"20-3-62.1. (a) As used in this Code section, the term 'project' has the same meaning provided by Code Section 20-3-151. (b) Georgia State Finance and Investment Commission shall manage all procurement, design, project management, construction, and commissioning related activities for all board of regents projects designated in a resolution of the commission authorizing the issuance of bonds for such project."
SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"20-3-153.1.

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The authority shall utilize the construction related services of the Georgia State Financing and Investment Commission with respect to the design, planning, and construction of any project of the authority. The reimbursement of the commission by the authority for services provided by the commission shall be considered as part of the costs of the project."
SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"20-4-18.1. The Georgia State Financing and Investment Commission shall manage all procurement, design, project management, construction, and commissioning related activities for all State Board of Technical and Adult Education projects designated in a resolution of the commission authorizing the issuance of bonds for such project."
SECTION 4. Said title is further amended by adding a new Code section to read as follows:
"20-16-4.1. The authority shall utilize the construction related services of the Georgia State Financing and Investment Commission with respect to the design, planning, and construction of any project of the authority. The reimbursement of the commission by the authority for services provided by the commission shall be considered as part of the costs of the project."
SECTION 5. Said title is further amended by revising Code Section 20-3-500, relating to granting of scholarships, as follows:
"20-3-500. (a) The board of regents shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships as are necessary for them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the board of regents but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through the scholarships for a period of one year for each $1,000.00 received. (b) In addition to financial assistance provided for in subsection (a) of this Code section, the board of regents shall have specific authority to grant financial assistance to medical and dental students at the Medical College of Georgia in the form of service cancelable loans to cover a portion of tuition costs. Such loans shall be repaid through the provision of services in Georgia according to terms to be specified therein. If any portion of such a loan is not repaid through service, the recipient shall become

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obligated for monetary repayment of twice the amount of the loan not repaid through service."

SECTION 6. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes 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, 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 Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns
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, D N Collins, T Y Cooper Y Cox

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler
Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson N Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon E Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley Y Jackson Y Jacobs N James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser
Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas
Lunsford Y Maddox, B E Maddox, G N Mangham

N Manning N Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey
Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier N Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon E Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 101, nays 67.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
House of Representatives Atlanta, Georgia 30334
This version of SB 238 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."
It would have been a violation of my oath of office to have voted to pass this version of SB 238.
/s/ Bobby Franklin Representative, District 43
SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th:
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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following amendment was read and adopted:
Representative Knight of the 126th moves to amend the Senate Finance committee substitute to SB 194 by inserting on line 7 after "committee;" the following:
to amend Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Building Authority, so as to exempt the authority from certain sales and use tax;
By inserting between lines 155 and 156 the following:

FRIDAY, APRIL 3, 2009

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SECTION 2. Article 1 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the Georgia Building Authority, by amending Code Section 50-9-13, relating to exemption from taxation, as follows:
"50-9-13. It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article and Article 2 of this chapter. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, or other charges for the use of such buildings or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall include an exemption from all sales and use tax on property purchased, leased, or used by the authority."

By redesignating Section 2 as Section 3.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Parham

Y Rynders Y Scott, A
Scott, M Y Sellier N Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton

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Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keen Y Keown Y Knight
Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham

Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, as amended, the ayes were 164, nays 2.

Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon E Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Bill, having received the requisite constitutional majority, was passed, as amended.

House of Representatives Atlanta, Georgia 30334

This version of SB 194 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of SB 194.

/s/ Bobby Franklin Representative, District 43

HR 645. By Representatives Amerson of the 9th, Williams of the 4th, Collins of the 27th, Hamilton of the 23rd and Hembree of the 67th:

A RESOLUTION recognizing the Georgia Appalachian Center for Higher Education at North Georgia College and State University in Dahlonega as Georgia's official Appalachian Center for Higher Education; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

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5351

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams
Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown
Knight Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Lucas Y Lunsford Y Maddox, B E Maddox, G Y Mangham

Y Manning Y Marin Y Martin E Maxwell
May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the adoption of the Resolution, the ayes were 160, nays 2.

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker
Weldon E Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Resolution, having received the requisite constitutional majority, was adopted.

The following messages were 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:

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HB 278. By Representatives Ramsey of the 72nd, Pruett of the 144th, Cole of the 125th, Millar of the 79th, Lindsey of the 54th 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 Education Act," so as to temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bills of the House:
HB 514. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 575. By Representatives Golick of the 34th, Ramsey of the 72nd, Levitas of the 82nd, Bearden of the 68th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; to provide for related matters; 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 Senate action thereon:
HB 63. 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 for

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additional requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Ehrhart of the 36th moved that the House insist on its position in disagreeing to the Senate substitute to HB 63 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, O`Neal of the 146th and Dollar of the 45th.
HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Martin of the 47th moved that the House insist on its position in disagreeing to the Senate substitute to HB 283 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

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The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Martin of the 47th, Willard of the 49th and Weldon of the 3rd.
HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; 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 439 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, Stephens of the 164th and Bryant of the 160th.
SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th:
A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes.

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Representative Ramsey of the 72nd moved that the House insist on its position in amending SB 178.
The motion prevailed.
HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Carter of the 159th moved that the House insist on its position in disagreeing to the Senate substitute to HB 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 Carter of the 159th, Manning of the 32nd and Knight of the 126th.
HB 318. By Representatives McCall of the 30th and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative McCall of the 30th moved that the House insist on its position in disagreeing to the Senate substitute to HB 318 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.

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The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives McCall of the 30th, Roberts of the 154th and Graves of the 12th.
The following messages were 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 94. 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 that an insured under a group accident and sickness policy may include dependents up to age 25; 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 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th:
A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:

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HB 68. By Representative Sims of the 169th:
A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 549. By Representatives Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; to provide for related matters to provide for an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others:
A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; 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, having been postponed from the previous legislative day, were taken up for consideration and read the third time:

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SB 85.

By Senators Heath of the 31st, Cowsert of the 46th, Pearson of the 51st, Butterworth of the 50th, Tolleson of the 20th and others:

A BILL to be entitled an Act to amend Title 6 of the O.C.G.A., relating to aviation, so as to create the Georgia Aviation Authority; to amend Code Section 32-2-2 of the O.C.G.A., relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19 of Title 50 of the O.C.G.A., relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to the powers and duties of the Department of Transportation with respect to state air transportation; to provide for other related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read:

A BILL

To amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to create the Georgia Aviation Authority; to provide for a short title and definitions; to provide for the membership, governance, operation, powers, duties, and administrative attachment of the authority; to provide that the general purpose of the authority shall be to acquire, operate, maintain, house, and dispose of all state aviation assets; to provide for the transfer of certain employees for administrative purposes only; to provide for other matters related to the authority and its creation; to provide for audits of the authority; to provide for automatic repeal of the authority; to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to the powers and duties of the Department of Transportation with respect to state air transportation; to provide for other related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 6 of the Official Code of Georgia Annotated, relating to aviation, is amended by adding a new chapter to read as follows:

"CHAPTER 5

6-5-1.

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This chapter shall be known and may be cited as the 'Georgia Aviation Authority Act.'
6-5-2. As used in this chapter, the term:
(1) 'Authority' means the Georgia Aviation Authority. (2) 'State aircraft' means any aircraft, including equipment, owned, leased, rented, chartered, or otherwise obtained by the authority.
6-5-3. (a) There is created a body corporate and politic to be known as the Georgia Aviation Authority which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title the body may contract and be contracted with, implead and be impleaded, and bring and defend actions in all courts. The authority shall consist of the Governor or his or her designee, the Lieutenant Governor or his or her designee, the Speaker of the House of Representatives or his or her designee, the commissioner of transportation, the commissioner of public safety, the commissioner of natural resources, the director of the State Forestry Commission, and two persons from the aviation business community with one such member of the aviation business community to be appointed by the Speaker of the House of Representatives, and the other such member of the aviation business community to be appointed by the President of the Senate. The chairperson of the authority shall be a member of the authority elected for a two-year term by a majority vote of the members of the authority. A chairperson may not serve more than two consecutive terms as chairperson. The authority shall make rules and regulations for its own governance. It shall have perpetual existence. (b) The authority is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3. (c) The authority may in its discretion employ an executive director and other personnel. The authority may also by agreement with any department or agency of state government make use of personnel of such department or agency. (d) The authority shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (e) The authority may designate personnel positions employed by the authority as peace officers who shall be required by the terms of their employment to give their full time to the preservation of public order, the protection of life and property, the detection of crime, and such other duties as may be specified by the authority. Personnel in such positions shall comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and shall have the power of arrest in the performance of their duties.
6-5-4. (a) The general purpose of the authority shall be to acquire, operate, maintain, house, and dispose of all state aviation assets, to provide aviation services and oversight of

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state aircraft and aviation operations to ensure the safety of state air travelers and aviation property, to achieve policy objectives through aviation missions, and to provide for the efficient operation of state aircraft. All aircraft owned or operated as of July 1, 2009, or a later date determined by the Governor, by any other entity of state government shall be transferred on that date to the custody and control of the authority; provided, however, that this chapter shall have no application to aircraft owned or operated by the Department of Defense. On and after July 1, 2009, or a later date determined by the Governor, no other entity of state government shall acquire, lease, or charter any aircraft other than through the authority. Any person who is employed by an entity of state government as a pilot and who is required by the terms of his or her employment to comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall remain in the employment of the employing agency but shall be transferred for administrative purposes only to the authority on July 1, 2009, in compliance with subsection (c) of Code Section 6-5-3. All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices, or other agencies of Georgia and authorized agents of the General Assembly, or either branch thereof, and department owned airfields and their appurtenances shall be managed and maintained by the authority. The cost for the use of such state aircraft shall be charged by the authority to the using state entity. The amount of such charge shall be determined by the authority. The authority shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aviation assets. (b) In the furtherance of its purpose, the authority shall have the power to:
(1) Organize, staff, train personnel to operate, maintain, house, purchase, and dispose of aviation assets; (2) Purchase, maintain, develop, and modify facilities to support aviation assets and operations; (3) Develop operating, maintenance, safety, security, training, education, and scheduling standards for state aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; (4) Develop an accountability system for state aviation operations and activities; (5) Identify the costs associated with the purchase, operation, maintenance, and administration of state aircraft and aviation operations and related facilities, training, and education, develop an appropriate billing structure, and charge agencies and other state entities for the costs of state aircraft and aviation operations; provided, however, that any billing to an agency by the authority shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to the state of emergency; (6) Retain appropriate external consulting and auditing expertise; (7) Engage aviation industry representatives to ensure best practices for state aviation assets; (8) Delegate certain powers pursuant to this chapter to other state entities; and

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(9) Otherwise implement appropriate and efficient management practices for state aviation operations. (c) The authority shall provide priority support for those state agencies and departments, including local and state public safety and law enforcement entities, whose operations require aviation operations. No state entity other than the authority shall be authorized to expend state funds to purchase, lease, rent, charter, maintain, or repair state aircraft to be used in connection with state business or to employ a person whose official duties consist of piloting state aircraft without the approval of the authority. (d) The funds and assets of the authority, as well as the performance of the authority, its services, and equipment, shall be audited annually by the state auditor. The initial audit shall be concluded no later than December 30, 2010. 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 accounting officer. The authority shall also provide the Governor, the Speaker of the House, the President of the Senate, the chairperson of the House Committee on Public Safety and Homeland Security, the chairperson of the Senate Public Safety Committee, the chairperson of the Senate Veterans, Military and Homeland Security Committee, the chairperson of the House Committee on Transportation, and the chairperson of the Senate Transportation Committee with a copy of the state audit report which shall include a full report of the activities and services of the authority. The performance audit report shall be provided no later than December 31, 2013.
6-5-5. In addition to the powers specified in Code Section 6-5-4, the authority shall have the powers:
(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; (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 of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposal of the same in any manner it deems to the best advantage of the authority. No property shall be acquired under this chapter upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of the lien or encumbrance; and if the authority shall deem it expedient to construct any project on lands which are a part of the real estate holdings of the state, the Governor is authorized to execute for and on behalf of the state a lease of the lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years. If the authority shall deem it expedient to construct any project on

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any other lands the title to which shall then be in the state, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority; (4) To appoint and select officers, agents, and employees, including pilots, maintenance workers, engineering, architectural, aviation, and construction experts, fiscal agents, and attorneys, and fix their compensation and otherwise adopt policies that establish a system of sound personnel management; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to any department, board, commission, or agency of the state to enter into contracts and lease agreements for the use or concerning the use of any structure, building, or facilities or a combination of any two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years; and any department, board, commission, or agency of the state may obligate itself to pay an agreed sum for the use of the property so leased and also to obligate itself as part of the lease contract to pay the cost of maintaining, repairing, and operating the property leased from the authority; (6) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or the agency or instrumentality may impose; (7) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state; and (8) To do all things necessary or convenient to carry out the powers expressly given in this chapter.
6-5-6. All moneys received pursuant to the authority of this chapter shall be deemed trust funds to be held and applied solely as provided in this chapter.
6-5-7. (a) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. (b) The authority shall coordinate with the Board of Public Safety to provide priority support for public safety initiatives and urgent or emergency law enforcement missions and, in so providing, may utilize all aviation fleet resources. The authority shall adopt policies and procedures to implement this subsection and ensure the public safety aviation needs of this state are adequately met.

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6-5-8. Any action to protect or enforce any rights under this chapter shall be brought in the Superior Court of Fulton County.
6-5-9. This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
6-5-10. This chapter shall stand repealed on July 1, 2014, unless it is further extended by an Act of the General Assembly."
SECTION 2. Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Transportation, is amended by revising paragraph (16) of subsection (a) as follows:
"(16)(A) Reserved; All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices, or other agencies of Georgia and authorized agents of the General Assembly, or either branch thereof, and department owned airfields and their appurtenances shall be managed and maintained by the department. The cost for the use of such state aircraft shall be charged by the department to the using agency. The amount of such charge shall be determined by the department. The department shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aircraft when the director of the Office of Planning and Budget shall authorize such actions, notwithstanding any other provisions of law to the contrary.
(B) The department shall have all those powers and duties formerly set forth in Code Section 50-19-23, which statute relates to the maintenance and operation of state aircraft, supervision of their pilots, and similar matters. (C) No department, board, bureau, commission, authority, office, or other agency of Georgia shall be authorized to expend state funds to purchase, lease, rent, charter, maintain, or repair state aircraft to be used in connection with state business or to employ a person whose official duties consist of piloting state aircraft except the Department of Transportation. (D) The Department of Administrative Services shall purchase all aircraft for the department in the same manner as other state purchases. (E) Anything in this title to the contrary notwithstanding, the State Forestry Commission, the Department of Natural Resources, and the Department of Public Safety may, with the approval of the commissioner of transportation, expend state funds to purchase, lease, rent, charter, maintain, or repair special purpose aircraft necessary to conduct the particular business of said agencies and may employ persons whose official duties consist of piloting said aircraft;"

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SECTION 3. Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state government transportation services, is amended by repealing and reserving Article 2 as follows:
"ARTICLE 2 RESERVED
50-19-20. This article shall be known and may be cited as the 'Air Transportation Act.'
50-19-21. As used in this article, the term:
(1) 'Department' means the Department of Transportation. (2) 'State aircraft' means any aircraft, including equipment, owned, leased, rented, or chartered by the Department of Transportation. 50-19-22. All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices, or other agencies of the state or for authorized agents of the General Assembly, or either branch thereof, shall be managed and maintained by the department. The cost for the use of such state aircraft shall be charged by the department to the using agency. The amount of the charge shall be determined by the department.
50-19-23. The department shall have the following powers and duties:
(1) To supervise, maintain, and schedule all state aircraft; (2) To maintain a detailed record of all flights made by state aircraft; (3) To initiate a proficiency program for pilot employees; (4) To discontinue the employment of any pilot employed by the Department of Transportation to fly state aircraft upon such pilot's reaching 65 years of age; (5) To establish priorities concerning the use of state aircraft; (6) To execute such contracts as may be necessary to carry out this article; and (7) To assign special purpose state aircraft and personnel to any other department or agency of state government.
50-19-24. The department shall have the following powers and duties:
(1) To promulgate such rules and regulations as may be necessary to effectuate the purposes of this article; and (2) To establish a timetable for bringing all state aircraft under this article.

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50-19-25. No department, board, bureau, commission, authority, office, or other agency of the state shall be authorized to expend state funds to purchase, lease, rent, charter, maintain, or repair state aircraft to be used in connection with state business or to employ a person whose official duties consist of piloting state aircraft, except the Department of Transportation.
50-19-26. The Department of Administrative Services shall purchase all aircraft for the Department of Transportation in the same manner as other state purchases are made."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and withdrawn:
Representative Day of the 163rd moves to amend the House Committee on Transportation substitute to SB 85 (LC 34 2300S) by deleting lines 1 through 15 and inserting in lieu thereof the following:
To amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to create a joint study committee of the General Assembly for the creation of the Georgia Aviation Authority; to provide for the membership, governance, operation, powers, duties, and administrative authority of the committee; to provide for the general purpose of the committee; to provide for related matters; to provide for an automatic repeal; to repeal conflicting laws; and for other purposes.
By deleting lines 21 through 263 and inserting in lieu thereof the following:
6-5-1. There is created the Joint Study Committee for the Creation of the Georgia Aviation Authority. The committee shall be composed of five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President of the Senate. The Speaker of the House and the President of the Senate shall each designate a member of the committee as cochairperson of the committee. The cochairpersons shall call all meetings of the committee.
6-5-2. (a) The Joint Study Committee for the Creation of the Georgia Aviation Authority shall undertake a study of the conditions, needs, issues, and problems related to the creation of a corporate state entity to be named the Georgia Aviation Authority. The joint study committee shall review and consider the following issues:

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(1) The need to combine current aviation functions within various state agencies; (2) The valuation of current aviation assets and property, including aircraft, buildings, and parts; (3) The current costs of all aviation operations, including the costs of administration, training, purchase, repair, and any other personnel or operating costs and the cost estimates for all such aviation operations conducted under a single authority; (4) The estimated costs savings or increase in costs associated with combining aviation operations; (5) The initial start-up costs associated with combining aviation operations into a single state authority; (6) The potential decrease in public safety services associated with removing public safety operations from certain law enforcement entities; (7) Any legal issues associated with assigning public safety services to an authority which may not be authorized to employ certified personnel or other legal concerns; (8) The concern for the initiation of policies and procedures relating to and consistent with other state agencies which the authority would serve; and (9) Such other issues or concerns related to the creation of the Georgia Aviation Authority. (b) The committee shall make a report and recommendation regarding its findings to the Governor, the President of the Senate, and the Speaker of the House of Representatives no later than August 30, 2009. The committee shall recommend any actions or legislation which the committee deems necessary or appropriate. (c) 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 chapter. State agencies shall cooperate with the committee and provide such information as may be requested by the committee within 30 days of any request for information. 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 by the President of the Senate and the Speaker of the House of Representatives. The funds necessary to carry out the provisions of this chapter shall come from the funds appropriated to the Senate and to the House of Representatives.
6-5-3. The Joint Study Committee for the Creation of the Georgia Aviation Authority shall stand abolished and the provisions of this chapter shall sunset on January 30, 2010."
By renumbering Section 4 as Section 2.
The following amendment was read and adopted:

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Representatives Martin of the 47th, Day of the 163rd, and Pruett of the 144th move to amend the House Committee on Transportation substitute to SB 85 by inserting after "authority;" on line 7 the following:
to provide for an exemption from taxes;
By striking lines 175 through 179 and inserting the following:
(b) In order to ensure that addressing emergency law enforcement needs is the authority's first priority, the authority, in coordination with the Board of Public Safety, shall adopt policies and procedures to ensure that responding to emergencies, imminent threats to individual and public safety, natural disasters, or other emergency law enforcement needs is met. The authority shall be exempt from all sales and use tax on property purchased, leased, or used by the authority.
The following amendments were read and withdrawn:
Representative Martin of the 47th moves to amend the House Committee on Transportation substitute to SB 85 (LC 34 3200S) by replacing lines 80 through 81 with the following:
the authority. The authority shall be authorized to dispose of any state aircraft; provided, however, that the proceeds derived therefrom are deposited into the state treasury. The authority shall be authorized to purchase replacement aviation assets subject to appropriations by the General Assembly.
By inserting before the period on line 185 the following:
; provided, however, that nothing in this chapter shall apply to or be construed to apply to the Department of Public Safety, its employees, or its aircraft
Representative Martin of the 47th moves to amend the House Committee on Transportation substitute to SB 85 (LC 34 3200S) by inserting before the period on line 185 the following:
; provided, however, that nothing in this chapter shall apply to or be construed to apply to the Department of Public Safety, its employees, or its aircraft
Representative Martin of the 47th et al. move to amend the House Committee on Transportation substitute to SB 85 (LC 34 3200S) by inserting "or by the Department of Public Safety" before the period on line 67.

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By inserting after "government" on line 69 ", other than the Department of Public Safety,".
By replacing lines 80 through 81 with the following:
the authority. The authority shall be authorized to dispose of any state aircraft; provided, however, that the proceeds derived therefrom are deposited into the state treasury. The authority shall be authorized to purchase replacement aviation assets subject to appropriations by the General Assembly.
Representative Martin of the 47th et al. move to amend the House Committee on Transportation substitute to SB 85 (LC 34 3200S) by inserting "or by the Department of Public Safety" before the period on line 67.
By inserting after "government" on line 69 ", other than the Department of Public Safety,".
Representatives Chambers of the 81st and Day of the 163rd move to amend the House Committee on Transportation substitute to SB 85 by striking lines 51 through 57 and inserting in lieu thereof the following:
(e) The Department of Public Safety shall perform police and security duties as required by the authority, and the authority shall reimburse the department for the cost of providing such services.
By deleting "Reserved;" from line 193.
By striking lines 213 through 218 and inserting in lieu thereof the following:
(E) Anything in this title to the contrary notwithstanding, the State Forestry Commission, the Department of Natural Resources, and the Department of Public Safety may, with the approval of the commissioner of transportation, expend state funds to purchase, lease, rent, charter, maintain, or repair special purpose aircraft necessary to conduct the particular business of said agencies and may employ persons whose official duties consist of piloting said aircraft;"
Representatives Day of the 163rd, Chambers of the 81st, and Sellier of the 136th move to amend the House Committee on Transportation substitute to SB 85 by striking "It shall have perpetual existence." on line 43 and inserting in lieu thereof the following:
The authority shall sunset on September 1, 2014.

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Representatives Day of the 163rd, Chambers of the 81st, and Sellier of the 136th move to amend the House Committee on Transportation substitute to SB 85 (LC 34 2300S) by striking "The" on line 46 and inserting in lieu thereof the following:

Subject to funding by the General Assembly, the

Representatives Day of the 163rd, Chambers of the 81st, and Sellier of the 136th move to amend the House Committee on Transportation substitute to SB 85 (LC 34 2300S) by inserting on line 60 after "assets," the following:

to ensure public safety and access to aircraft remain unimpeded,

Representatives Day of the 163rd, Chambers of the 81st, and Sellier of the 136th move to amend the House Committee on Transportation substitute to SB 85 (LC 34 2300S) by striking "The" on line 78 and inserting in lieu thereof the following:

Except for access by the Georgia State Patrol for purposes of public safety, the

Representatives Day of the 163rd, Chambers of the 81st, and Sellier of the 136th move to amend the House Committee on Transportation substitute to SB 85 (LC 34 2300S) by inserting on line 93 after "agencies" the following:

, except public safety operations conducted by the Georgia State Patrol,

The following amendment was read:

Representatives Day of the 163rd, Chambers of the 81st, and Sellier of the 136th move to amend the House Committee on Transportation substitute to SB 85 (LC 34 2300S) by striking "To" on line 143 and inserting in lieu thereof the following:

Subject to appropriations by the General Assembly, to

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson N Anderson Y Ashe N Austin N Baker N Barnard N Battles

Crawford N Davis, H N Davis, S Y Dawkins-Haigler Y Day N Dempsey N Dickson N Dobbs N Dollar Y Dooley

Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holt Y Horne N Houston N Howard Y Hudson

N Manning N Marin N Martin N Maxwell N May N Mayo N McCall N McKillip Y Meadows N Millar

N Rynders N Scott, A N Scott, M N Sellier N Setzler Y Shaw N Sheldon N Shipp N Sims, B Y Sims, C

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Y Bearden N Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce N Bryant Y Buckner N Burkhalter N Burns N Butler Y Byrd Y Carter, A Y Carter, B N Casas Y Chambers N Channell N Cheokas
Coan N Cole N Coleman N Collins, D Y Collins, T N Cooper N Cox

N Drenner Dukes Ehrhart
N England E Epps, C N Epps, J N Everson N Floyd
Fludd Y Franklin Y Frazier N Fullerton Y Gardner N Geisinger N Glanton N Golick Y Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M N Hatfield Y Heard

Y Hugley Y Jackson N Jacobs N James N Jerguson N Johnson, C Y Johnson, T N Jones, J Y Jones, S N Jordan N Kaiser
Keen N Keown N Knight N Knox N Lane, B
Lane, R N Levitas N Lindsey N Long N Loudermilk
Lucas Lunsford Y Maddox, B N Maddox, G Y Mangham

N Mills Y Mitchell
Morgan N Morris Y Mosby N Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish N Parsons N Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Ralston N Ramsey
Randall Y Reece Y Reese N Rice N Roberts N Rogers

On the adoption of the amendment, the ayes were 52, nays 111.

Y Sinkfield N Smith, B
Smith, L N Smith, R N Smith, T
Smith, V Smyre Y Stephens, M Y Stephens, R Y Stephenson N Talton N Taylor N Teilhet N Thomas N Thompson Y Walker N Weldon N Wilkinson N Willard N Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates Richardson, Speaker

The amendment was lost.

The Chair asked unanimous consent that the House reconsider its action in failing to adopt the Day amendment.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield
Benton Y Black Y Brooks

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J

Y Heckstall Y Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy

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 Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V

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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, D Y Collins, T Y Cooper Y Cox

Y Everson Floyd
Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

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 Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B N Maddox, G Y Mangham

On the motion, the ayes were 167, nays 1.

Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson
Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

The Day amendment was withdrawn.

The following amendment was read:

Representatives Day of the 163rd, Chambers of the 81st, and Sellier of the 136th move to amend the House Committee on Transportation substitute to SB 85 (LC 34 2300S) by striking "To" on line 165 and inserting in lieu thereof the following:

Subject to appropriations by the General Assembly, to

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson N Anderson Y Ashe N Austin N Baker N Barnard N Battles Y Bearden Y Beasley-Teague

Crawford N Davis, H N Davis, S Y Dawkins-Haigler Y Day N Dempsey N Dickson N Dobbs N Dollar Y Dooley N Drenner N Dukes

Y Heckstall N Hembree Y Henson Y Hill, C N Hill, C.A N Holt Y Horne N Houston N Howard N Hudson Y Hugley Y Jackson

N Manning N Marin N Martin N Maxwell N May Y Mayo N McCall N McKillip Y Meadows N Millar Y Mills Y Mitchell

N Rynders N Scott, A N Scott, M N Sellier Y Setzler Y Shaw N Sheldon Y Shipp N Sims, B Y Sims, C Y Sinkfield N Smith, B

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Y Benfield N Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns N Butler Y Byrd Y Carter, A N Carter, B N Casas Y Chambers N Channell N Cheokas
Coan N Cole N Coleman Y Collins, D Y Collins, T N Cooper N Cox

N Ehrhart N England E Epps, C N Epps, J N Everson N Floyd Y Fludd Y Franklin Y Frazier
Fullerton N Gardner N Geisinger N Glanton N Golick N Gordon
Graves N Greene N Hamilton N Hanner N Harbin N Harden, B N Harden, M N Hatfield Y Heard

Y Jacobs N James N Jerguson N Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser
Keen N Keown N Knight N Knox N Lane, B
Lane, R N Levitas Y Lindsey N Long N Loudermilk
Lucas Lunsford Y Maddox, B N Maddox, G Y Mangham

Morgan N Morris Y Mosby N Murphy N Neal N Nix Y Oliver N O'Neal Y Parham N Parrish N Parsons N Peake Y Porter Y Powell, A Y Powell, J N Pruett Y Ralston N Ramsey Y Randall Y Reece Y Reese N Rice N Roberts N Rogers

On the adoption of the amendment, the ayes were 65, nays 102.

N Smith, L N Smith, R N Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson N Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon N Wilkinson N Willard N Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

The amendment was lost.

The following amendment was read:

Representative Rogers of the 26th et al. move to amend the substitute to SB 85 (LC 34 2300S) by replacing line 46 with the following:

(c) The authority shall employ an executive director and may in its discretion employ other personnel. The executive director shall be a qualified pilot. As used in this subsection, "qualified pilot" means a pilot, from the available candidates, with the most experience, the most flying hours, and who has been trained on all the aircraft operated by the authority.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe

Crawford N Davis, H N Davis, S Y Dawkins-Haigler Y Day N Dempsey

Y Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holt

N Manning N Marin N Martin N Maxwell N May N Mayo

N Rynders N Scott, A N Scott, M N Sellier N Setzler Y Shaw

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N Austin N Baker N Barnard N Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks
Bruce N Bryant Y Buckner N Burkhalter N Burns N Butler N Byrd Y Carter, A N Carter, B N Casas Y Chambers N Channell N Cheokas N Coan N Cole N Coleman N Collins, D N Collins, T N Cooper N Cox

N Dickson N Dobbs N Dollar Y Dooley Y Drenner Y Dukes N Ehrhart N England E Epps, C N Epps, J N Everson N Floyd
Fludd Y Franklin Y Frazier N Fullerton N Gardner N Geisinger N Glanton N Golick N Gordon N Graves N Greene N Hamilton N Hanner N Harbin N Harden, B
Harden, M N Hatfield Y Heard

N Horne N Houston N Howard N Hudson Y Hugley N Jackson E Jacobs N James N Jerguson N Johnson, C Y Johnson, T N Jones, J Y Jones, S N Jordan N Kaiser E Keen N Keown N Knight N Knox N Lane, B N Lane, R N Levitas N Lindsey N Long N Loudermilk
Lucas N Lunsford N Maddox, B N Maddox, G Y Mangham

N McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal N Parham N Parrish Y Parsons N Peake Y Porter N Powell, A N Powell, J N Pruett Y Ralston N Ramsey Y Randall Y Reece N Reese N Rice N Roberts N Rogers

On the adoption of the amendment, the ayes were 44, nays 123.

N Sheldon N Shipp N Sims, B N Sims, C Y Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T E Smith, V E Smyre N Stephens, M N Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet N Thomas N Thompson N Walker N Weldon N Wilkinson N Willard N Williams, A Y Williams, E N Williams, M N Williams, R Y Wix N Yates
Richardson, Speaker

The amendment was lost.

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp

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Y Barnard Y Battles N Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant N Buckner Y 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, D Y Collins, T Y Cooper Y Cox

Y Dollar N Dooley N Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson N Floyd N Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jerguson Y Johnson, C N Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B N Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

N Meadows Y Millar Y Mills N Mitchell
Morgan N Morris Y Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett N Ralston Y Ramsey Y Randall N Reece N Reese Y Rice N Roberts Y Rogers

Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas N Thompson Y Walker N Weldon 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, as amended, the ayes were 139, nays 32.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate action thereon:

HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th:

A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to

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provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Representative Butler of the 18th moved that the House insist on its position in disagreeing to the Senate substitute to HB 189 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 Butler of the 18th, Golick of the 34th and Willard of the 49th.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 529

The Committee of Conference on HB 529 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 529 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Bulloch Senator, 11th District

/s/ McCall Representative, 30th District

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/s/ Heath Senator, 31st District

/s/ Jay Roberts Representative, 154th District

/s/ Butterworth Senator, 50th District

/s/ Terry England Representative, 108th District

A BILL

To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exceptions; 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 or fish on their property or allow persons on such property for agritourism; to require the posting of certain signs; to provide for specifications for such signs; 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 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, is amended by adding a new Code section to read as follows:
"2-1-6. (a) No county, municipality, consolidated government, or other political subdivision of this state shall adopt or enforce any ordinance, rule, regulation, or resolution regulating crop management or animal husbandry practices involved in the production of agricultural or farm products on any private property. (b) Subsection (a) of this Code section shall not prohibit or impair the power of any local government to adopt or enforce any zoning ordinance or make any other zoning decision. As used in this subsection, the terms 'local government', 'zoning decision', and 'zoning ordinance' have the same meanings provided by Code Section 36-66-3. (c) Subsection (a) of this Code section shall not prohibit or impair any existing power of a county, municipality, consolidated government, or other political subdivision of this state to adopt or enforce any ordinance, rule, regulation, or resolution regulating land application of human waste."

SECTION 2. 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:
"51-1-53.

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(a) For the purposes of this Code section, the term 'agritourism' shall carry the same meaning as set out in subparagraph (p)(7)(B) of Code Section 48-5-7.4. (b) A landowner who charges admission for a person who is 18 years of age or older to hunt or fish on the owner's property or to enter the owner's property for the purposes of agritourism shall be immune from civil liability for any injuries caused by the inherent risk associated with agritourism, hunting, or fishing activity, provided that:
(1) The landowner's conduct does not constitute gross negligence or willful and wanton misconduct; (2) The landowner has posted at the main point of entry, if present, to the property a sign with a warning notice stating the following:
(A) In the case of agritourism: 'Warning
Under Georgia law, there is no liability for an injury or death of a participant at least 18 years of age in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity.' (B) In the case of a landowner who charges admission for a person who is 18 years of age or older to hunt or fish on the owner's property:
'Warning Under Georgia law, there is no liability for an injury or death of a hunting or fishing participant at least 18 years of age conducted at this location if such injury or death results from the inherent risks of such hunting or fishing activity. Inherent risks of hunting or fishing activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this hunting or fishing activity.' The warning notice specified in this paragraph shall appear on the sign in black letters, with each letter to be a minimum of one inch in height; and (3) The person who has paid admission to the landowner to enter such landowner's property to hunt, fish, or for the purposes of agritourism has signed a waiver of liability form stating that the person entering the landowner's property has waived all civil liability against the landowner for any injuries caused by the inherent risk associated with agritourism, hunting, or fishing activity. Such waiver of liability form shall mirror the language provided for in paragraph (2) of this subsection regarding the warning notice. (c) This Code section shall be supplemental to all other provisions of law that provide defenses to property owners. This Code section shall not create any new cause of action against a property owner or additional liability to property owners."

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SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; and Section 2 of this Act shall apply to all causes of action arising on or after the effective date of this Act.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative McCall of the 30th moved that the House adopt the report of the Committee of Conference on HB 529.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield N Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James
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
Lindsey Y Long E Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 153, nays 8.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor N Teilhet Y Thomas N Thompson N Walker Y Weldon E Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

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The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 529 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 529.

/s/ Bobby Franklin Representative, District 43

HB 228. By Representatives Butler of the 18th, Harbin of the 118th, Cole of the 125th, Keen of the 179th, Oliver of the 83rd and others:

A BILL to be entitled an Act to amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to establish the Department of Health, the Department of Human Services, and the Department of Behavioral Health; to reassign various functions of the Department of Community Health and the Department of Human Resources to the new agencies; to provide for transition to the new agencies; to create a new board for each agency and to abolish the Board of Community Health and the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to amend various titles for purposes of conformity; 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 228

The Committee of Conference on HB 228 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 228 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

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/s/ Renee S. Unterman Senator, 45th District

/s/ Mark Butler Representative, 18th District

/s/ Johnny Grant Senator, 25th District

/s/ Jim Cole Representative, 125th District

/s/ Greg Goggans Senator, 7th District

/s/ Mickey Channell Representative, 116th District

A BILL

To amend various titles of the Official Code of Georgia Annotated so as to reorganize and reestablish various state health and human services agencies; to reestablish the Department of Community Health; to establish the Department of Human Services and the Department of Behavioral Health and Developmental Disabilities; to reassign various functions to the new agencies; to provide for transition to the new agencies; to provide for a board for each agency; to reconstitute the Board of Community Health; to abolish the Board of Human Resources; to establish the position of State Health Officer; to establish the Behavioral Health Coordinating Council; to establish the Advisory Council for Public Health; to establish the Public Health Commission; to provide for inspection warrants for residential child care licensing; to revise a provision in state health planning; to provide for criminal background checks for employees of the Department of Behavioral Health and Developmental Disabilities; to repeal the automatic sunset provision for the State Commission on Family Violence; to amend various titles for purposes of conformity; 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 Department of Community Health.

SECTION 1-1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising and redesignating Chapter 5A, relating to the Department of Community Health, and revising Chapter 2, relating to the Department of Human Resources, as follows:

"CHAPTER 2

31-5A-1. 31-2-1. Given the growing concern and complexities of health issues in this state, it is the intent of the General Assembly to create a Department of Community Health dedicated to health issues. Recognizing that the manner in which health care is currently

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administered at the state level is fragmented and often unresponsive to health care issues, the new department is created for the following purposes The Department of Community Health shall safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to:
(1) To serve Serve as the lead planning agency for all health issues in the state to remedy the current situation wherein the responsibility for health care policy, purchasing, planning, and regulation is spread among many different agencies; (2) To permit Permit the state to maximize its purchasing power and to administer its operations in a manner so as to receive the maximum amount of federal financial participation available in expenditures of the department inasmuch as the state now has none of its health care purchasing coordinated; (3) To minimize Minimize duplication and maximize administrative efficiency in the state's health care systems by removing overlapping functions and streamlining uncoordinated programs; (4) To allow Allow the state to develop a better health care infrastructure that is more responsive to the consumers it serves while improving access to and coverage for health care; and (5) To focus Focus more attention and departmental procedures on the issue of wellness, including diet, exercise, and personal responsibility; (6) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (7) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health; (8) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (9) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (10) Procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (11) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense, emergency preparedness, and emergency response; (12) Prevent, detect, and relieve physical defects and deformities; (13) Promote the prevention, early detection, and control of problems affecting the dental and oral health of the citizens of Georgia;

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(14) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (15) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (16) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder; (17) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy; and (18) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his or her inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests the services authorized in this paragraph, or the individual for whom the laboratory services authorized in this paragraph are performed, shall be responsible for payment of the service fees. As used in this paragraph, the term 'individual' means a natural person or his or her responsible health benefit policy or Title XVIII, XIX, or XXI of the federal Social Security Act of 1935.
31-5A-2. 31-2-2. Notwithstanding the provisions of Code Section 31-1-1, as As used in this chapter, the term:
(1) 'Board' means the Board of Community Health established under Code Section 31-5A-3 31-2-3. (2) 'Commissioner' means the commissioner of community health established under Code Section 31-5A-6 31-2-6. (3) 'Department' means the Department of Community Health established under Code Section 31-5A-4 31-2-4. (4) 'Department divisions' means the Division of Health Planning, Division of Medical Assistance, Division of Public Employee Health Benefits, and any other division of the department established by the board. (5) 'Division of Health Planning' means the Division of Health Planning established as such pursuant to paragraph (1) of subsection (b) of Code Section 31-5A-4.

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(6) 'Division of Medical Assistance' means the Division of Medical Assistance established as such pursuant to paragraph (2) of subsection (b) of Code Section 315A-4. (7) 'Division of Public Employee Health Benefits' means the Division of Public Employee Health Benefits established as such pursuant to paragraph (3) of subsection (b) of Code Section 31-5A-4. (8)(4) 'Predecessor agency or unit' means the State Personnel Board, solely with respect to actions regarding the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance Department of Community Health, the Division of Public Health of the Department of Human Resources, and the Office of Regulatory Services of the Department of Human Resources. (9)(5) 'State health benefit plan' means the health insurance plan authorized under Article 1 of Chapter 18 of Title 45 and Part 6 of Article 17 of Chapter 2 of Title 20. (10)(6) 'State Personnel Board' means the board established under Article IV, Section III of the Constitution.
31-5A-3. 31-2-3. (a) There is created reconstituted the Board of Community Health, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Community Health. The powers, functions, and duties of the Board of Medical Assistance Community Health as they existed on June 30, 1999 2009, with regard to the Department of Medical Assistance, and the powers, functions, and duties of the State Personnel Board as they existed on June 30, 1999, with regard to the state health benefit plan, are transferred to the reconstituted Board of Community Health effective July 1, 1999 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Board members in office on June 30, 2009, shall serve out the remainder of their respective terms and successors to these board seats shall be appointed in accordance with this Code section. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board.

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(f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards.
31-5A-4. 31-2-4. (a)(1) The Department of Community Health is created re-created and established to perform the functions and assume the duties and powers exercised on June 30, 1999 2009, by the State Personnel Board solely with respect to the state health benefit plan, the Health Planning Agency, and the Department of Medical Assistance Department of Community Health, the Division of Public Health of the Department of Human Resources, and the Office of Regulatory Services of the Department of Human Resources, unless specifically transferred to the Department of Human Services, and such department, division, and office shall be reconstituted as the Department of Community Health effective July 1, 2009. The department shall also assume retain powers and responsibility with respect to the expenditure of any funds appropriated to the department including, without being limited to, funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies, State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E61692, V19/246 (Fulton County Superior Court, December 9, 1998).
(b) The divisions of the department shall be as follows: (1) The Health Planning Agency, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Health Planning within the department; (2) The Department of Medical Assistance, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Medical Assistance within the department; (3) The Health Benefit Services Division of the State Merit System of Personnel Administration, as it existed on June 30, 1999, is continued in existence on and after July 1, 1999, but shall thereafter be the Division of Public Employee Health Benefits within the department; and (4) Such other divisions as the board may establish within the department.
(c)(2) The executive director of the Health Planning Agency Division of Public Health in office on June 30, 1999 2009, the commissioner of medical assistance in office on June 30, 1999, and the director of the Health Benefit Services Division of the State Merit System of Personnel Administration Office of Regulatory Services in office on June 30, 1999 2009, shall become directors of the respective divisions division or office which those predecessor agencies or divisions units have become on and after July 1, 1999 2009, and until such time as the commissioner appoints other directors of such divisions or units.
(d)(b)(1) There is created in the department the Office of Women's Health. Attached to the office shall be an 11 member advisory council. The members of the advisory council shall be appointed by the Governor and shall be representative of major public and private agencies and organizations in the state and shall be experienced in or have

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demonstrated particular interest in women's health issues. Each member shall be appointed for two years and until his or her successor is appointed. The members shall be eligible to succeed themselves. The council shall elect its chairperson from among the councilmembers for a term of two years. The Governor may name an honorary chairperson of the council. (2) The Office of Women's Health shall serve in an advisory capacity to the Governor, the General Assembly, the board, the department, and all other state agencies in matters relating to women's health. In particular, the office shall:
(A) Raise awareness of women's nonreproductive health issues; (B) Inform and engage in prevention and education activities relating to women's nonreproductive health issues; (C) Serve as a clearing-house for women's health information for purposes of planning and coordination; (D) Issue reports of the office's activities and findings; and (E) Develop and distribute a state comprehensive plan to address women's health issues. (3) The Office of Women's Health shall have a full-time executive director appointed by the commissioner and shall be provided with staff personnel, office and meeting facilities, and other necessary items by the department. The council shall meet upon the call of its chairperson, the board, or the commissioner. (e)(c) The board of regents Board of Regents of the University System of Georgia is authorized to contract with the department for health benefits for members, employees, and retirees of the board of regents and the dependents of such members, employees, and retirees and for the administration of such health benefits. The department is also authorized to contract with the board of regents for such purposes. (f)(d) In addition to its other powers, duties, and functions, the department: (1) Shall be the lead agency in coordinating and purchasing health care benefit plans for state and public employees, dependents, and retirees and may also coordinate with the board of regents for the purchase and administration of such health care benefit plans for its members, employees, dependents, and retirees; (2) Is authorized to plan and coordinate medical education and physician workforce issues; (3) Is authorized to convene at least quarterly a state agency coordinating committee comprised of the commissioners, directors, chairpersons, or their designees, of the following agencies involved in health related activities: the Department of Human Resources, including the Division of Public Health, the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, and the Division of Aging Services thereof, the Department of Juvenile Justice, the Department of Corrections, the Insurance Department, the State Merit System of Personnel Administration, the State Board of Workers' Compensation, and the Governor's Office of Planning and Budget. The board of regents may also designate a person to serve on the coordinating committee. The committee will convene for the purposes of planning and coordinating health issues that have interagency considerations. The

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commissioner of the department will serve as the chairperson of the state agency coordinating committee and will report to the Governor the activities, findings, and recommendations of the committee; (4) Shall investigate the lack of availability of health insurance coverage and the issues associated with the uninsured population of this state. In particular, the department is authorized to investigate the feasibility of creating and administering insurance programs for small businesses and political subdivisions of the state and to propose cost-effective solutions to reducing the numbers of uninsured in this state; (5) Shall study and recommend any additional functions needed to carry out the purposes of the department, including the creation of a consumer medical advocate. Such recommendations shall be made to the Governor and General Assembly by December 31, 1999; (6)(4) Is authorized to appoint a health care work force policy advisory committee to oversee and coordinate work force planning activities; (7)(5) Is authorized to solicit and accept donations, contributions, and gifts and receive, hold, and use grants, devises, and bequests of real, personal, and mixed property on behalf of the state to enable the department to carry out its functions and purposes; and (8)(6) Is authorized to award grants, as funds are available, to hospital authorities and hospitals for public health purposes, pursuant to Code Sections 31-7-94 and 31-794.1.; (7) Shall make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for such purposes of the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budget required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited; and

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(8) Shall classify and license community living arrangements in accordance with the rules and regulations promulgated by the department for the licensing and enforcement of licensing requirements for persons whose services are financially supported, in whole or in part, by funds authorized through the Department of Behavioral Health and Developmental Disabilities. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 31-2-11 and 317-2.2. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued pursuant to this paragraph is not assignable or transferable. As used in this paragraph, the term 'community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage.
31-5A-5. 31-2-5. (a) To assist in the transition of functions, until July 1, 2000, the State Merit System of Personnel Administration shall perform payroll, accounting, and purchasing services and other general support services on behalf of the Division of Public Employee Health Benefits. (b) All persons employed in a predecessor agency or unit on June 30, 1999 2009, shall, on July 1, 1999 2009, become employees of the department within the division which such predecessor agency has become. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 1999 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, 1999 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, 1999 2009. Accrued annual and sick leave possessed by said employees on June 30, 1999 2009, shall be retained by said employees as employees of the department.
(c)(b)(1) The department shall conform to federal standards for a merit system of personnel administration in any respects necessary for receiving federal grants, and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards.

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(2) The department is authorized to employ, on a full-time or part-time basis, such medical, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary. (3) Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules of the State Personnel Board. (4) All personnel of the department are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the department, or otherwise had by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. (d)(c) The department shall succeed to all rules, regulations, policies, procedures, and administrative orders of the predecessor agencies agency or unit which were in effect on June 30, 1999 2009, or scheduled to go into effect on or after July 1, 1999 2009, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. Rules of the department shall be adopted, promulgated, and implemented as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only the Division of Health Planning rules promulgated pursuant to Chapter 6 of this title shall be subject to the provisions of Code Section 316-21.1. (e)(d) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 1999 2009, by any predecessor agency or unit and which pertain to the functions transferred to the department by this chapter 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. In all such instances, the Department of Community Health shall be substituted for the predecessor agency or unit, and the Department of Community Health shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (e) On July 1, 2009, the department shall receive custody of the state owned real property in the custody of the predecessor agency or unit on June 30, 2009, and which pertains to the functions transferred to the department by this chapter. (f)(1) The Governor is authorized to transfer to the Division of Public Employee Health Benefits of the department, by executive order, employees of the State Merit System of Personnel Administration who were performing functions for the Health Benefit Services Division of that system on June 30, 1999, whether or not they were also performing functions other than functions for that division. Employees so

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transferred shall become employees of the Division of Public Employee Health Benefits of the department. (2) The commissioner is authorized to transfer department employees from one division to another division within the department.
31-5A-6. 31-2-6. (a) There is created the position of commissioner of community health. The commissioner shall be the chief administrative officer of the department and shall be subject to appointment and removal by the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. (b) There shall be created in the department such divisions as may be found necessary for its effective operation. Except for the Division of Public Heath, the commissioner shall have the power to allocate and reallocate functions among the divisions within the department.
31-2-1. The Department of Human Resources is created and established to safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the foregoing grant of authority, the department is empowered to:
(1) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the incidence and proper control of disease, disorders, and disabilities; (2) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health; (3) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (4) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppression of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (5) Manufacture drugs and biologicals which are not readily available on the market and not manufactured for commercial purposes, when expressly authorized and shown on the minutes of the department; to procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (6) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense;

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(7) Detect and relieve physical defects and deformities and provide treatment for mental and emotional disorders and infirmities; (8) Promote the prevention, early detection, and control of problems affecting the dental health of the citizens of Georgia; (9) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emergencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (10) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (11) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and standards thereunder; (12) Promulgate and enforce rules and regulations for the licensing of medical facilities wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted pregnancy; and (13) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such laboratory services, provided no person shall be denied services on the basis of his inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests services authorized in this Code section shall pay the fee. As used in this Code section, the term 'individual' means a natural person.
31-2-2. 31-2-7. The department is designated and empowered as the agency of this state to apply for, receive, and administer grants and donations for health purposes from the federal government and from any of its departments, agencies, and instrumentalities; from appropriations of the state; and from any other sources in conformity with law, including but not limited to Code Section 49-4-152. The department shall have the authority to prescribe the purposes for which such funds may be used in order to:
(1) Provide, extend, and improve maternal and child health services; (2) Locate children already crippled disabled or suffering from conditions leading to crippling a disability and provide for such children medical, surgical, corrective, and other services and to provide for facilities for diagnosis, hospitalization, and aftercare; (3) Advance the prevention and control of cancer and of venereal, tubercular, and other diseases;

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(4) Forestall and correct conditions that, if left to run their course, could be injurious to health; (5) Conduct programs which lie within the scope and the power of the department relating to industrial hygiene, control of ionizing radiation, occupational health, water quality, water pollution control, and planning and development of water resources; (6) Administer grants-in-aid to assist in the construction of publicly owned and operated general and special medical facilities; (7) Conduct programs:
(A) Relating to chronic illness; (B) Relating to the dental and oral health of the people of this state which are appropriate to the purpose of the department; and (C) Relating to the mental and physical health of the people of this state which are appropriate to the purpose of the department; and (8) Develop the health aspects of civil defense emergency preparedness and emergency response. When a plan is required to be approved by any department, agency, or instrumentality of the federal government as condition precedent to the making of grants for health purposes, the department, as agent of this state, is directed to formulate, submit, and secure approval of that plan and thereafter, upon its approval and the receipt of funds payable thereunder, to carry the plan into effect in accordance with its terms, applying thereto the funds so received as well as other applicable amounts from whatever source.
31-2-3. 31-2-8. The department, from time to time, shall make or cause to be made studies and surveys to determine the quality, scope, and reach of its programs.
31-2-4. 31-2-9. (a) The department is authorized to adopt and promulgate rules and regulations to effect prevention, abatement, and correction of situations and conditions which, if not promptly checked, would militate against the health of the people of this state. Such rules and regulations shall be adapted to the purposes intended, within the purview of the powers and duties imposed upon the department by this chapter, and supersede conflicting rules, regulations, and orders adopted pursuant to the authority of Chapter 3 of this title. (b) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for facilities or entities regulated by the department as follows:
(1) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question;

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(2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of facilities may only be approved by the Board of Human Resources Community Health and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of facilities shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or (5) Variances or waivers which affect only one facility in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it. This subsection shall not apply to rules adopted by the department pursuant to Code Section 31-6-21.1. (c) The department may exempt classes of facilities from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of facilities is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board.
31-2-5. 31-2-10. Actions at law and in equity against the department, the board, or any of its members predicated upon omissions or acts done in their official capacity or under color thereof shall be brought in the appropriate county; provided, however, that nothing in this Code section shall be construed as waiving the immunity of the state to be sued without its consent.
31-2-6. 31-2-11. (a) This Code section shall be applicable to any agency, center, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title; Chapter 5 of Title 26; paragraph (16) (8) of subsection (b)(d) and subsection (c) of Code Section 37-1-20 31-2-4; and Chapter 5 and Article 7 of Chapter 6 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection.

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(b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has:
(1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provisions provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provisions provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license, permit, registration, or commission for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity, except that no fine may be imposed against any nursing facility, nursing home, or intermediate care facility which is subject to intermediate sanctions under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, whether or not those sanctions are actually imposed; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public.

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(d)(1) With respect to any facility classified as a nursing facility, nursing home, or intermediate care home, the department may not take an action to fine or restrict the license of any such facility based on the same act, occurrence, or omission for which:
(A) The facility has received an intermediate sanction under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, or 42 U.S.C. Section 1395i-3(h)(2)(B); or (B) Such facility has been served formal notice of intent to take such a sanction which the Department of Community Health department based on administrative review or any other appropriate body based on administrative or judicial review determines not to impose; provided, however, that nothing in this subsection shall prohibit the department from utilizing the provisions authorized under subsection (f) of this Code section. (2) When any civil monetary penalty is recommended and imposed against such facility, and the department does not resurvey the facility within 48 hours after the date by which all items on a plan of correction submitted by the facility are to be completed, the accrual of any resulting civil monetary penalties shall be suspended until the facility is resurveyed by the department. (3) If the department resurveys such facility beyond 48 hours after the final date for completion of all items on the plan of correction submitted by the facility, and the facility is not in substantial compliance with the applicable standards, any civil monetary penalties imposed shall relate back to the date on which such penalties were suspended. (4) Notwithstanding the provisions of paragraphs (2) and (3) of this subsection, nothing contained in said paragraphs (2) and (3) of this subsection shall be construed as requiring the state survey agency to act in violation of applicable federal law, regulations, and guidelines. (e) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (f) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein, and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (g) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity has been violated. Such investigations may

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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 (c) of this Code section. (h) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (i) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (j) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (k) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (l) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (m) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (n) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section.
31-2-7. 31-2-12. (a) As used in this Code section, the term:
(1) 'Chamber system' means a system of chambers with each chamber being a molded polyolefin plastic, arch shaped, hollow structure with an exposed bottom area and solid top and louvered sidewall for infiltration of effluent into adjoining bottom and sidewall soil areas. Chambers may be of different sizes and configurations to obtain desired surface areas.

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(2) 'Conventional system' means a system traditionally used composed of perforated pipe surrounded by gravel or stone masking for the infiltration of effluent into adjoining bottom and side soil areas. (3) 'On-site sewage management system' means a sewage management system other than a public or community sewage treatment system serving one or more buildings, mobile homes, recreational vehicles, residences, or other facilities designed or used for human occupancy or congregation. Such term shall include, without limitation, conventional and chamber septic tank systems, privies, and experimental and alternative on-site sewage management systems which are designed to be physically incapable of a surface discharge of effluent that may be approved by the department. (4) 'Prior approved system' means only a chamber system or conventional system or component of such system which is designed to be physically incapable of a surface discharge of effluent and which was properly approved pursuant to subparagraph (a)(2)(B) of this Code section, as such Code section became law on April 19, 1994, for use according to manufacturers' recommendations, prior to April 14, 1997. (5) 'Unsatisfactory service' means documented substandard performance as compared to other approved systems or components. (b) The Department of Human Resources department shall have the authority as it deems necessary and proper to adopt state-wide regulations for on-site, sewage management systems, including but not limited to experimental and alternative systems. The department is authorized to require that any such on-site sewage management system be examined and approved prior to allowing the use of such system in the state; provided, however, that any prior approved system shall continue to be approved for installation in every county of the state pursuant to the manufacturer's recommendations, including sizing of no less than 50 percent of trench length of a conventional system designed for equal flows in similar soil conditions. Upon written request of one-half or more of the health districts in the state, the department is authorized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or marketing the system to reimburse the department or its agent for the reasonable expenses of such examination. (c)(1) This subsection shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level; provided, however, that no county, municipality, or state agency may require any certified septic tank installer or certified septic tank pumper who has executed and deposited a bond as authorized in paragraph (2) of this subsection to give or furnish or execute any code compliance bond or similar bond for the purpose of ensuring that all construction, installation, or modifications are made or completed in compliance with the county or municipal ordinances or building and construction codes.

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(2) In order to protect the public from damages arising from any work by a certified septic tank installer or certified septic tank pumper, which work fails to comply with any state construction codes or with the ordinances or building and construction codes adopted by any county or municipal corporation, any such certified septic tank installer or certified septic tank pumper may execute and deposit with the judge of the probate court in the county of his or her principal place of business a bond in the sum of $10,000.00. Such bond shall be a cash bond of $10,000.00 or executed by a surety authorized and qualified to write surety bonds in the State of Georgia and shall be approved by the local county or municipal health department. Such bond shall be conditioned upon all work done or supervised by such certificate holder complying with the provisions of any state construction codes or any ordinances or building and construction codes of any county or municipal corporation wherein the work is performed. Action on such bond may be brought against the principal and surety thereon in the name of and for the benefit of any person who suffers damages as a consequence of said certificate holder's work not conforming to the requirements of any ordinances or building and construction codes; provided, however, that the aggregate liability of the surety to all persons so damaged shall in no event exceed the sum of such bond. (3) In any case where a bond is required under this subsection, the certified septic tank installer or certified septic tank pumper shall file a copy of the bond with the county or municipal health department in the political subdivision wherein the work is being performed. (4) The provisions of this subsection shall not apply to or affect any bonding requirements involving contracts for public works as provided in Chapter 10 of Title 13. (d) This Code section does not restrict the work of a plumber licensed by the State Construction Industry Licensing Board to access any on-site sewage management system for the purpose of servicing or repairing any plumbing system or connection to the on-site sewage management system.
31-2-8. 31-2-13. Until July 1, 2012, the department shall provide by rule or regulation for the regulation of any land disposal site that receives septic tank waste from only one septic tank pumping and hauling business and which as of June 30, 2007, operated under a valid permit for such activity as issued by the department (previously known as the Department of Human Resources for these purposes) under this Code section. No new permit shall be issued by the department under this Code section for such type of site on or after July 1, 2007, but instead any new permit issued for such type of site on or after such date shall be issued by the Department of Natural Resources under Code Section 12-8-41. This Code section shall stand repealed on July 1, 2012.
31-2-9. (a) The General Assembly makes the following findings:

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(1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the injury prevention section of the Division of Public Health of the Department of Human Resources. (c) The injury prevention section, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the department's Division of Aging Services, Division of Family and Children Services, and Division of Mental Health, Developmental Disabilities, and Addictive Diseases, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the Department of Human Resources in reviewing suicide death scene investigations; (7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external cause of injuries; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and (11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall be provided staff to consist of a full-time coordinator, half-time data analyst/epidemiologist, and administrative support, all subject to available funding.

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31-2-14. (a) As used in this Code section, the term:
(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses:
(A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31; or (C) Community living arrangement subject to licensure under paragraph (8) of subsection (d) of Code Section 31-2-4.

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(5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who:
(A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means fingerprints 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 and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing

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of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal

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Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of Title 49 or Article 11 of Chapter 7 of this title. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section.
31-5A-7. 31-2-15. Performance and outcome data and pricing data for selected medical conditions, surgeries, and procedures in hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers in Georgia shall be reported to the Department of Community Health on a regular basis. The department shall provide for the establishment of a website for the purpose of providing consumers information on the cost and quality of health care in Georgia to include but not be limited to cost comparison information on certain prescription drugs at different pharmacies in Georgia, hospitals, ambulatory surgery centers, nursing homes, and rehabilitation centers and facilities in Georgia.
31-5A-8. 31-2-16. (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 residents. 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.

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(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 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. (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.
31-2-17. The commissioner is authorized to appoint a diabetes coordinator within the Division of Public Health to coordinate with other state departments and agencies to ensure that all programs that impact the prevention and treatment of diabetes are coordinated, that duplication of efforts is minimized, and that the impact of such programs is maximized in an attempt to reduce the health consequences and complications of diabetes in Georgia. The Division of Public Health shall serve as the central repository for this state's departments and agencies for data related to the prevention and treatment of diabetes.
31-2-18. (a) The Division of Public Health shall have a director who shall be appointed by the Governor and serve at the pleasure of the Governor. The director shall report to the Office of the Governor and to the commissioner. In addition to other authority and duties granted in this title, the director shall:
(1) Provide a written report of expenditures made for public health purposes in the prior fiscal year to the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor no later than December 1 of each year beginning December 1, 2010; and (2) Serve as the chief liaison to county boards of health through their directors on matters related to the operations and programmatic responsibilities of such county

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boards of health; provided, however, the director may designate a person from within the division to serve as such chief liaison. (b) The director shall be authorized to convene one or more panels of experts to address various public health issues and may consult with experts on epidemiological and emergency preparedness issues.
31-2-19. (a) There is created the Advisory Council for Public Health to be composed of nine members appointed by the Governor who shall serve at the pleasure of the Governor. Employees of the department shall not serve on the council. Members shall serve three-year terms, provided that of the first members appointed, three shall be appointed for a term of one year, three for a term of two years, and three for a term of three years. Members may succeed themselves. A position on the council shall be deemed vacant upon the expiration of a member's term, and vacancies shall be filled by similar appointment for unexpired terms. (b) The council shall meet at least quarterly. (c) The council shall advise the Division of Public Health on all matters related to the division. Resolutions passed by a majority of the council shall be considered by the Director of Public Health and the commissioner and may be considered by the board.
31-2-20. (a) Effective July 1, 2010, there is created the Public Health Commission to be composed of nine members as follows: two members shall be appointed by the Speaker of the House of Representatives, two members shall be appointed by the Lieutenant Governor, and five members shall be appointed by the Governor. The purpose of the commission shall be to examine whether the interests of this state are best served with the Division of Public Health being a part of the Department of Community Health, an attached agency pursuant to Code Section 50-4-3, an independent agency, or as part of another organizational structure to be determined by the commission. The commission shall have the authority to contract with third parties subject to appropriations by the General Assembly. The commission shall make its recommendations to the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor by December 1, 2010. The commission shall stand abolished on December 31, 2010. (b) This Code section shall stand repealed on December 31, 2010.
SECTION 1-2. Said title is further amended by revising Code Section 31-1-1, relating to definitions relative to health generally, as follows:
"31-1-1. Except as specifically provided otherwise, as used in this title, the term:
(1) 'Board' means the Board of Human Resources Community Health. (2) 'Commissioner' means the commissioner of human resources community health. (3) 'Department' means the Department of Human Resources Community Health."

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SECTION 1-3. Said title is further amended by adding a new Code section to read as follows:
"31-1-10. (a) The position of State Health Officer is created. The commissioner of community health or the director of the Division of Public Health of the Department of Community Health shall be the State Health Officer, as designated by the Governor. (b) The State Health Officer shall perform such health emergency preparedness and response duties as assigned by the Governor."
SECTION 1-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Community Health":
(1) Code Section 4-4-69, relating to regulation of manufacture and use of disease vectors in livestock; (2) Code Section 4-10-10, relating to the joint regulation of the sale or transportation of exotic or pet birds; (3) Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions which are deemed unlawful; (4) Code Section 12-2-8, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of the state; (5) Code Section 12-3-9, relating to adoption and promulgation by the Board of Natural Resources of rules and regulations regarding parks, historic sites, and recreational areas; (6) Code Section 12-5-175, relating to fluoridation of public water systems; (7) Code Section 12-8-1, relating to notice of denial of individual sewage disposal permits; (8) Code Section 15-21-142, relating to the establishment of the Brain and Spinal Injury Trust Fund Commission; (9) Code Section 16-6-13.1, relating to testing for sexually transmitted diseases; (10) Code Section 16-12-141, relating to when abortion is legal; (11) Code Section 17-10-15, relating to AIDS transmitting crimes; (12) Code Section 19-3-41, relating to preparation by the Department of Human Resources of a marriage manual on family planning and other material; (13) Code Section 20-2-142, relating to prescribed courses in elementary and secondary schools on alcohol, tobacco, and drug use; (14) Code Section 20-2-143, relating to sex education and AIDS prevention instruction in elementary and secondary schools; (15) Code Section 20-2-144, relating to mandatory instruction in elementary and secondary schools concerning alcohol and drug use; (16) Code Section 20-2-770, relating to rules and regulations for nutritional screening and eye, ear, and dental examinations of students;

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(17) Code Section 20-2-771, relating to immunization of students in elementary and secondary education; (18) Code Section 20-2-772, relating to rules and regulations for screening of students for scoliosis; (19) Code Section 24-9-40, relating to when medical information may be released by a physician, hospital, health care facility, or pharmacist; (20) Code Section 24-9-47, relating to disclosure of AIDS confidential information; (21) Code Section 25-3-6, relating to the effect of certain laws relating to local fire departments on the powers and duties of other officials and departments; (22) Code Section 26-2-371, relating to permits required for food service establishments; (23) Code Section 26-2-372, relating to the issuance of permits for food service establishments; (24) Code Section 26-2-373, relating to promulgation of rules, regulations, and standards by the Department of Human Resources and county boards of health for food service establishments; (25) Code Section 26-2-374, relating to contents and posting of notices relating to assistance to persons choking; (26) Code Section 26-2-375, relating to enforcement of laws regarding the regulation of food service establishments; (27) Code Section 26-2-376, relating to review of final order or determination by Department of Human Resources regarding regulation of a food service establishment; (28) Code Section 26-2-377, relating to penalties for violation of laws regarding the regulation of food service establishments; (29) Code Section 26-3-18, relating to assistance in enforcement from Department of Agriculture or Department of Human Resources with respect to standards, labeling, and adulteration of drugs and cosmetics; (30) Code Section 26-4-85, relating to patient counseling by a pharmacist; (31) Code Section 26-4-116, relating to emergency service providers with respect to dangerous drugs and controlled substances; (32) Code Section 26-4-172, relating to license requirements under the "Nuclear Pharmacy Law"; (33) Code Section 26-5-3, relating to definitions relative to the "Drug Abuse Treatment and Education Act"; (34) Code Section 31-1-3.2, relating to hearing screenings for newborns; (35) Code Section 31-3-4, relating to powers of county boards of health; (36) Code Section 31-3-11, relating to appointments of director and staff of county board of health; (37) Code Section 31-5-1, relating to adoption of rules and regulations by the Department of Human Resources and county boards of health; (38) Code Section 31-5-9, relating to injunctions for enjoining violations of the provisions of Title 31;

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(39) Code Section 31-5-20, relating to the definition of the term "inspection warrant" with respect to enforcement of certain public health laws; (40) Code Section 31-5-21, relating to persons who may obtain inspection warrants; (41) Code Section 31-7-133, relating to confidentiality of review organization's records; (42) Code Section 31-7-172, relating to definitions relative to hospice care; (43) Code Section 31-7-175, relating to the administration of the article of the "Georgia Hospice Law"; (44) Code Section 31-8-1, relating to the establishment and purpose of the Hospital Care for the Indigent Program; (45) Code Section 31-8-36, relating to state appropriations to the Nonresident Indigent Health Care Fund; (46) Code Section 31-8-46, relating to investigation of violations by a hospital; (47) Code Section 31-8-193, relating to the establishment of a program to provide health care services to low-income recipients; (48) Code Section 31-9A-4, relating to information to be made available by the Department of Human Resources under the "Woman's Right to Know Act"; (49) Code Section 31-9A- 6, relating to reporting requirements under the "Woman's Right to Know Act"; (50) Code Section 31-10-1, relating to definitions relative to vital records; (51) Code Section 31-11-1, relating to findings of the General Assembly and declaration of policy with respect to emergency medical services; (52) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (53) Code Section 31-11-81, relating to definitions relative to emergency services; (54) Code Section 31-11-100, relating to definitions relative to the Georgia Trauma Care Network Commission; (55) Code Section 31-11-101, relating to the creation of the Georgia Trauma Care Network Commission; (56) Code Section 31-11-102, relating to the duties and responsibilities of the Georgia Trauma Care Network Commission; (57) Code Section 31-11-110, relating to legislative findings relative to a system of certified stroke centers; (58) Code Section 31-12-1, relating to the power to conduct research and studies relative to the control of hazardous conditions, preventable diseases, and metabolic diseases; (59) Code Section 31-12A-9, relating to a continuing education program relative to the "Georgia Smokefree Air Act of 2005"; (60) Code Section 31-12A-10, relating to enforcement by the Department of Human Resources and county boards of health of the "Georgia Smokefree Air Act of 2005"; (61) Code Section 31-13-3, relating to definitions relative to the "Georgia Radiation Control Act";

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(62) Code Section 31-13-4, relating to administration of state-wide radiation control program for radiation generating equipment; (63) Code Section 31-13-5, relating to the powers and duties of the Department of Human Resources and the Department of Natural Resources under the "Georgia Radiation Control Act"; (64) Code Section 31-13-8.2, relating to licensing of diagnostic and therapeutic medical uses of radioactive materials; (65) Code Section 31-13-9, relating to records of use of radiation sources and exposure of employees to radiation; (66) Code Section 31-13-10, relating to suspension, revocation, and amendment of license or registration of radiation generating equipment; (67) Code Section 31-13-11, relating to impounding and condemnation of radiation generating equipment and radioactive materials; (68) Code Section 31-13-12, relating to the license requirements under the "Georgia Radiation Control Act"; (69) Code Section 31-13-13, relating to penalties under the "Georgia Radiation Control Act"; (70) Code Section 31-13-23, relating to transfer of powers and duties between the Department of Natural Resources and the Department of Human Resources under the "Georgia Radiation Control Act"; (71) Code Section 31-14-2, relating to petition for commitment of a person who has active tuberculosis; (72) Code Section 31-14-9, relating to procedure for securing discharge of a person committed for active tuberculosis; (73) Code Section 31-15-2, relating to the establishment of a program for the prevention, control, and treatment of cancer; (74) Code Section 31-16-2, relating to the establishment of a program for the prevention, control, and treatment of kidney disease; (75) Code Section 31-17-2, relating to the report of diagnosis or treatment to health authorities of a case of venereal disease; (76) Code Section 31-17-3, relating to examination and treatment by health authorities for venereal disease; (77) Code Section 31-17-4.2, relating to HIV pregnancy screening; (78) Code Section 31-17A-2, relating to examination of persons infected or suspected of being infected with HIV; (79) Code Section 31-17A-3, relating to refusal to consent to an HIV test; (80) Code Section 31-18-4, relating to the duties of the Brain and Spinal Injury Trust Fund Commission; (81) Code Section 31-21-25, relating to bonds required prior to receiving unclaimed bodies; (82) Code Section 31-22-2, relating to licenses to operate clinical laboratories; (83) Code Section 31-22-9.1, relating to who may perform HIV tests; (84) Code Section 31-22-9.2, relating to report of positive HIV tests;

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(85) Code Section 31-23-3, relating to hospitals or medical schools which may operate eye banks; (86) Code Section 31-24-4, relating to labeling of containers of blood under "The Blood Labeling Act"; (87) Code Section 31-26-2, relating to the requirement of a certificate to practice midwifery; (88) Code Section 31-27-2, relating to the requirement of a permit for a mass gathering; (89) Code Section 31-28-2, relating to issuance of permits to operate a tourist court; (90) Code Section 31-28-5, relating to standards for health, sanitation, and safety of tourist courts; (91) Code Section 31-28-6, relating to inspection of premises of tourist courts; (92) Code Section 31-30-9, relating to effectiveness of chapter on reports on veterans exposed to agent orange; (93) Code Section 31-34-5, relating to service cancelable loans under the "Physicians for Rural Areas Assistance Act"; (94) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency providers; (95) Code Section 31-40-2, relating to issuance of permits for tattoo studios; (96) Code Section 31-40-5, relating to rules and regulations relative to tattoo studios; (97) Code Section 31-40-6, relating to enforcement of chapter regulating tattoo studios; (98) Code Section 31-40-8, relating to a public education program relative to tattoo studios; (99) Code Section 31-45-8, relating to inspections by the county board of health of public swimming pools; (100) Code Section 31-45-9, relating to suspension or revocation of permit for a public swimming pool; (101) Code Section 31-45-10, relating to rules and regulations relative to public swimming pools; (102) Code Section 31-45-11, relating to enforcement of rules and regulations relative to public swimming pools; (103) Code Section 31-46-4, relating to the Georgia Commission for Saving the Cure; (104) Code Section 33-24-59.7, relating to insurance coverage for the treatment of morbidly obese patients; (105) Code Section 33-29-3.2, relating to individual accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (106) Code Section 33-304.2, relating to group accident and sickness insurance coverage for mammograms, Pap smears, and prostate specific antigen tests; (107) Code Section 33-44-3, relating to the creation of the Georgia High Risk Health Insurance Plan; (108) Code Section 34-9-1, relating to definitions relative to workers' compensation;

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(109) Code Section 34-9-415, relating to testing under drug-free workplace programs; (110) Code Section 35-1-8, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (111) Code Section 36-62-2, relating to definitions relative to the "Development Authorities Law"; (112) Code Section 38-3-22, relating to the Governor's emergency management powers and duties; (113) Code Section 38-3-51, relating to emergency powers of the Governor; (114) Code Section 40-5-25, relating to applications for instruction permits and drivers' licenses; (115) Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood relating to violations of driving under the influence of alcohol, drugs, or other intoxicating substances; (116) Code Section 42-1-7, relating to notification to transporting law enforcement agency of inmate's or patient's infectious or communicable disease; (117) Code Section 42-4-6, relating to confinement and care of tubercular inmates; (118) Code Section 42-4-32, relating to sanitation and health requirements for jails; (119) Code Section 43-10-6, relating to rules and regulations as to sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care; (120) Code Section 43-11-74, relating to direct supervision requirement of dental hygienists by a licensed dentist; (121) Code Section 43-14-2, relating to definitions relative to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; (122) Code Section 43-18-1, relating to definitions relative to the regulation of funeral directors and establishments, embalmers, and crematories; (123) Code Section 43-18-46, relating to grounds for denial or revocation of license or registration to operate a funeral establishment or to practice embalming or funeral directing; (124) Code Section 43-27-1, relating to definitions relative to nursing home administrators; (125) Code Section 43-34-26.1, relating to delegation of authority to nurse or physician's assistant; (126) Code Section 43-34-26.3, relating to delegation of certain medical acts to advanced practice registered nurse; (127) Code Section 43-34-103, relating to applications for utilization of physician's assistants; (128) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan;

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(129) Code Section 45-18-32, relating to administration of deferred compensation plans for employees of the state; (130) Code Section 46-11-4, relating to regulation of transportation of hazardous materials on public roads of the state generally; (131) Code Section 49-4-152.3, relating to reuse of unit dosage drugs under Medicaid; (132) Code Section 49-6-81, relating to the legislative intent of the "Adult Day Center for Aging Adults Licensure Act"; (133) Code Section 49-6-82, relating to definitions relative to the "Adult Day Center for Aging Adults Licensure Act"; (134) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules by a state agency; (135) Code Section 50-18-72, relating to when public disclosure is not required under open records laws; (136) Code Section 50-18-76, relating to written matter exempt from disclosure under vital records laws; and (137) Code Section 50-26-4, relating to definitions relative to the "Georgia Housing and Finance Authority Act."
SECTION 1-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "Board of Community Health":
(1) Code Section 31-1-3.2, relating to hearing screenings for newborns; (2) Code Section 31-7-304, relating to fees on private home care providers; (3) Code Section 31-11-2, relating to definitions relative to emergency medical services; (4) Code Section 31-11-3, relating to recommendations by local coordinating entity as to administration of the Emergency Medical Systems Communication Program; (5) Code Section 31-11-31.1, relating to license fees on ambulance services; (6) Code Section 31-12-14, relating to breast cancer, prostate cancer, and ovarian cancer research program fund; (7) Code Section 31-22-1, relating to definitions relative to clinical laboratories; (8) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; and (9) Code Section 43-7-9, relating to general powers and duties of the State Board of Barbers.
SECTION 1-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of community health":

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(1) Code Section 8-2-24, relating to appointment of advisory committee relating to state building, plumbing, and electrical codes; (2) Code Section 12-5-524, relating to the creation of the Water Council; (3) Code Section 16-12-141, relating to when abortion is legal; (4) Code Section 16-12-141.1, relating to disposal of aborted fetuses; (5) Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to Secretary of State with respect to registration of voters; (6) Code Section 26-2-393, relating to enforcement of article relating to nonprofit food sales and food service; (7) Code Section 31-7-176.1, relating to determination or pronouncement of death of a patient in hospice care; (8) Code Section 31-8-32, relating to determination of indigency for hospital care for nonresidents; (9) Code Section 31-8-43, relating to determination of indigency for hospital care for pregnant women; (10) Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act"; (11) Code Section 31-10-1, relating to definitions relative to vital records; (12) Code Section 31-11-2, relating to definitions relative to emergency medical services; (13) Code Section 31-11-36, relating to suspension or revocation of licenses for ambulance services; (14) Code Section 31-16-3, relating to functions of the Kidney Disease Advisory Committee; (15) Code Section 31-27-7, relating to emergency powers of the Governor regarding mass gatherings; (16) Code Section 31-35-10, relating to definitions relative to bioterrorism protection for emergency responders; (17) Code Section 31-36A-7, relating to petition for health care placement transfer, admission, or discharge order by health care facility; (18) Code Section 33-20B-3.1, relating to health maintenance organizations' expansion into rural areas; (19) Code Section 33-21-3, relating to grounds and procedure for issuance or denial of certificate of authority for a health maintenance organization; (20) Code Section 33-21-5, relating to suspension or revocation of certificate of authority for a health maintenance organization; (21) Code Section 33-21-15, relating to filing of annual reports by health maintenance organizations; (22) Code Section 33-21-17, relating to examinations of health maintenance organizations and providers; (23) Code Section 33-21-18, relating to adoption of rules and regulations generally relative to health maintenance organizations;

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(24) Code Section 33-21-20, relating to conduct of hearings generally relative to health maintenance organizations; (25) Code Section 33-21-21, relating to authority of commissioner of human resources to contract for making of recommendations required by health maintenance organizations laws; (26) Code Section 33-21-27, relating to enforcement of health maintenance organizations laws; (27) Code Section 38-2-10, relating to use of National Guard in drug law enforcement, provision of medical care in medically underserved areas, and for youth opportunity training programs; (28) Code Section 42-4-32, relating to sanitation and health requirements in jails generally; (29) Code Section 42-9-12, relating to appointment of replacement for incapacitated member on the State Board of Pardons and Paroles; (30) Code Section 43-1A-4, relating to the Occupational Regulation Review Council; (31) Code Section 43-27-2, relating to creation of the State Board of Nursing Home Administrators; (32) Code Section 43-45-3, relating to creation of the State Structural Pest Control Commission; (33) Code Section 45-9-73, relating to the creation of the Georgia Public School Personnel Indemnification Commission; and (34) Code Section 45-9-83, relating to the creation of the Georgia State Indemnification Commission.
SECTION 1-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Chapter 5A of Title 31" wherever it occurs with "Chapter 2 of Title 31":
(1) Code Section 20-2-880, relating to definitions relative to health insurance plans for public school teachers; (2) Code Section 20-2-910, relating to definitions relative to health insurance plans for public school employees; (3) Code Section 33-20A-31, relating to definitions relative to the "Patient's Right to Independent Review Act"; (4) Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan; (5) Code Section 49-4-141, relating to definitions relative to Medicaid; (6) Code Section 49-4-142, relating to the authorization of the Department of Community Health to adopt and administer a state plan for medical assistance; (7) Code Section 49-4-143, relating to the power of the Board of Community Health with respect to Medicaid; and (8) Code Section 49-4-144, relating to the chief administrative officer of the Department of Community Health.

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SECTION 1-8. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Chapter 5A of this title" wherever it occurs with "Chapter 2 of this title":
(1) Code Section 31-6-2, relating to definitions relative to state health planning and development; (2) Code Section 31-6-21, relating to the Department of Community Health generally under state health planning and development; (3) Code Section 31-7-94.1, relating to the "Rural Hospital Assistance Act;" (4) Code Section 31-8-151, relating to definitions relative to the indigent care trust fund; (5) Code Section 31-8-162, relating to definitions relative to nursing home provider fees; and (6) Code Section 31-8-171, relating to definitions relative to quality assessment fees on care management organizations.
SECTION 1-9. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-6" wherever it occurs with "Code Section 31-2-11":
(1) Code Section 25-2-40, relating to smoke detectors required in new dwellings and dwelling units; (2) Code Section 31-7-2.1, relating to rules and regulations relative to regulation of hospitals and related institutions; (3) Code Section 31-7-302, relating to rules and regulations relative to private home care providers; (4) Code Section 31-8-60, relating to retaliation against a resident of a long-term care facility and prohibition against interference with the ombudsman; (5) Code Section 31-8-135, relating to hearings under the "Remedies for Residents of Personal Care Homes Act"; (6) Code Section 31-11-9, relating to enforcement of emergency medical services laws; and (7) Code Section 31-44-11, relating to the authority of the Department of Human Resources to deal with violations of renal disease facilities laws.
SECTION 1-10. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Code Section 31-2-7" wherever it occurs with "Code Section 31-2-12":
(1) Code Section 31-3-5, relating to functions of county boards of health; (2) Code Section 31-3-5.1, relating to conformity prerequisite to building permit; and (3) Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules.

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SECTION 1-11. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions which are deemed unlawful, is amended by revising paragraph (26) of subsection (b) as follows:
"(26) With respect to any individual or facility providing personal care services: (A) Any person or entity not duly licensed or registered as a personal care home formally or informally offering, advertising to, or soliciting the public for residents or referrals; (B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, offering, advertising, or soliciting the public to provide services: (i) Which are outside the scope of personal care services; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home for services authorized by the Department of Human Resources Community Health under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4 31-29; (C) For purposes of this paragraph, 'personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability which requires chronic or convalescent care including medical and nursing services.
The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources Community Health which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services;"
SECTION 1-12. Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permits issued by the Department of Natural Resources for land disposal sites, is amended as follows:
"12-8-41. The department shall provide by rule or regulation for the regulation and permitting of any land disposal site that receives septic tank waste from any one or more septic tank pumping and hauling businesses. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources (now known as the Department of Community Health for these purposes) under Code Section 31-2-8 31-2-13 may continue to operate under such Code section until July 1, 2012, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter."
SECTION 1-13. Code Section 15-11-66.1 of the Official Code of Georgia Annotated, relating to

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disposition of a child committing delinquent act constituting AIDS transmitting crime, is amended by revising subsection (e) as follows:
"(e) If a child is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the child shall be deemed to be AIDS confidential information and shall be reported to:
(1) The Department of Juvenile Justice or the Department of Corrections, as the case may be, and the Department of Human Resources Community Health, the latter of which may disclose the name of the child if necessary to provide and shall provide counseling to each victim of that child's AIDS transmitting crime or to any parent or guardian of any victim who is a minor or incompetent person, if the Department of Juvenile Justice or the Department of Corrections believes the crime posed a reasonable risk of transmitting HIV to the victim; (2) The court which ordered the HIV test; and (3) Those persons in charge of any facility to which the child has been confined by order of the court. In addition to any other restrictions regarding the confinement of children, a child determined to be an HIV infected person may be confined in that facility separately from any other children in that facility other than those who have been determined to be infected with HIV if:
(A) That child is reasonably believed to be sexually active while confined; (B) That child is reasonably believed to be sexually predatory either during or prior to detention; or (C) The commissioner of juvenile justice or the commissioner of corrections, as the case may be, reasonably determines that other circumstances or conditions exist which indicate that separate confinement would be warranted."
SECTION 1-14. Code Section 15-21-143 of the Official Code of Georgia Annotated, relating to appointment of members and personnel of the Brain and Spinal Injury Trust Fund Commission, is amended as follows:
"15-21-143. (a) The Brain and Spinal Injury Trust Fund Commission shall consist of 15 members who shall serve for terms of two years, except that with respect to the first members appointed, five members shall be appointed for a term of three years, five for a term of two years, and five for a term of one year. The following agencies may each appoint one member of the commission:
(1) The Division of Rehabilitation Services of the Department of Labor; (2) The State Board of Education; (3) The Department of Public Safety; (4) The Department of Community Health; and (5) The Department of Human Resources Services. The remaining ten members of the commission shall be appointed by the Governor, seven of whom shall be citizens who have sustained brain or spinal cord injury or members of such persons' immediate families, no more than one of whom shall reside

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in the same geographic area of the state which constitutes a health district established by the Department of Human Resources Community Health. The Governor is authorized but not required to appoint the remaining three members from recommendations submitted by the Private Rehabilitation Suppliers of Georgia, the Georgia Hospital Association, the Brain Injury Association of Georgia, the Medical Association of Georgia, and the Georgia State Medical Association. The Governor shall also establish initial terms of office for all 15 members of the board within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (e) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter."
SECTION 1-15. Code Section 17-18-1 of the Official Code of Georgia Annotated, relating to duty of certain officials to offer written statement of information to victims of rape or forcible sodomy, is amended as follows:
"17-18-1. When any employee of the Department of Human Resources, Department of Human Services, Department of Community Health, Department of Behavioral Health and Developmental Disabilities, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of a violation of Code Section 16-6-1, relating to rape, or Code Section 16-6-2, relating to aggravated sodomy, such employee shall offer or provide such adult a written statement of information for victims of rape or aggravated sodomy. Such written statement shall, at a minimum, include the information set out in Code Section 17-18-2 and may include additional information regarding resources available to victims of sexual assault. Information for victims of rape or aggravated sodomy may be provided in any language."
SECTION 1-16. Code Section 19-3-35.1 of the Official Code of Georgia Annotated, relating to AIDS brochures for applicants for a marriage license, is amended by revising subsection (b) as follows:

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"(b) The Department of Human Resources Department of Community Health shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and prevention measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That department shall further prepare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section. The brochures, listings, and forms prepared by the Department of Community Health (formerly known as the Department of Human Resources for these purposes) under this subsection shall be prepared and furnished to the office of each judge of the probate court no later than October 1, 1988."
SECTION 1-17. Code Section 19-13-32 of the Official Code of Georgia Annotated, relating to the membership, terms, filling of vacancies, and officers of the State Commission on Family Violence, is amended by revising paragraph (1) of subsection (a) as follows:
"(1) Three ex officio members shall be the director of the Division of Family and Children Services of the Department of Human Services, the director of Women's Health Services in the division of public health Division of Public Health of the Department of Human Resources Community Health, and the Attorney General;"
SECTION 1-18. Code Section 19-13-35 of the Official Code of Georgia Annotated, relating to automatic termination provisions of the State Commission on Family Violence, is repealed in its entirety.
SECTION 1-19. Code Section 19-15-4 of the Official Code of Georgia Annotated, relating to Georgia Child Fatality Review Panel, is amended by revising subsection (c) as follows:
"(c) The panel shall be composed as follows: (1) One district attorney appointed by the Governor; (2) One juvenile court judge appointed by the Governor; (3) Two citizen members who shall be appointed by the Governor, who are not employed by or officers of the state or any political subdivision thereof and one of whom shall come from each of the following: (A) a state-wide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization; (4) One forensic pathologist appointed by the Governor; (5) The chairperson of the Board of Human Resources Services; (6) The director of the Division of Family and Children Services of the Department of Human Resources Services; (7) The director of the Georgia Bureau of Investigation; (8) The chairperson of the Criminal Justice Coordinating Council; (9) A member of the Georgia Senate appointed by the Lieutenant Governor;

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(10) A member of the Georgia House of Representatives appointed by the Speaker of the House of Representatives; (11) A local law enforcement official appointed by the Governor; (12) A superior court judge appointed by the Governor; (13) A coroner appointed by the Governor; (14) The Child Advocate for the Protection of Children; (15) The director of the Division of Public Health of the Department of Human Resources Community Health; and (16) The director commissioner of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources behavioral health and developmental disabilities."
SECTION 1-20. Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds generally, is amended by revising paragraphs (5) and (8) of subsection (c) as follows:
"(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources Community Health, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; shall reflect circumstances where rapid population growth is caused by factors not reflected in fulltime equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to fulltime equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot and review these schedules annually. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;"

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"(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources Community Health;"
SECTION 1-21. Code Section 26-4-192 of the Official Code of Georgia Annotated, relating to the statewide program for distribution of unused prescription drugs for the benefit of medically indigent persons, is amended as follows:
"26-4-192. (a) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall jointly develop and implement a state-wide program consistent with public health and safety standards through which unused prescription drugs, other than prescription drugs defined as controlled substances, may be transferred from health care facilities to pharmacies designated or approved by the Department of Human Resources Community Health for the purpose of distributing such drugs to residents of this state who are medically indigent persons. (b) The Georgia State Board of Pharmacy, the Department of Human Resources, and the Department of Community Health shall be authorized to develop and implement a pilot program to determine the safest and most beneficial manner of implementing the program prior to the state-wide implementation of the program required in subsection (a) of this Code section. (c) The Georgia State Board of Pharmacy, in consultation with the Department of Human Resources and the Department of Community Health, shall develop and promulgate rules and regulations to establish procedures necessary to implement the program and pilot program, if applicable, provided for in this Code section. The rules and regulations shall provide, at a minimum:
(1) For an inclusionary formulary for the prescription drugs to be distributed pursuant to the program; (2) For the protection of the privacy of the individual for whom a prescription drug was originally prescribed; (3) For the integrity and safe storage and safe transfer of the prescription drugs, which may include, but shall not be limited to, limiting the drugs made available through the program to those that were originally dispensed by unit dose or an individually sealed dose and that remain in intact packaging; provided, however, that the rules and regulations shall authorize the use of any remaining prescription drugs; (4) For the tracking of and accountability for the prescription drugs; and (5) For other matters necessary for the implementation of the program. (d) The state-wide program required by this Code section shall be implemented no later than January 1, 2007, unless a pilot program is implemented pursuant to subsection (b) of this Code section, in which case state-wide implementation shall occur no later than July 1, 2008."

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SECTION 1-22. Code Section 31-5-2 of the Official Code of Georgia Annotated, relating to hearings of the Department of Human Resources, is amended as follows:
"31-5-2. (a) Hearings shall be required with respect to for any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted as provided in this Code section in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) Where hearing is required or afforded, notice thereof as provided in this Code section shall be given in person or by registered or certified mail or statutory overnight delivery to all interested parties; provided, however, in proceedings where the number of interested parties is so numerous as to make individual notice impracticable, notice shall be given by publication or by such other means reasonably calculated to afford actual notice as may be prescribed by the agency or person conducting such hearing. All notices shall state (1) the time and place of hearing and nature thereof and (2) the matters of fact and law asserted and must be given at least five days before the day set for hearing unless the agency determines that an imminent threat to the public health exists which requires shorter notice. (c) All interested parties at such hearings shall have, upon request, compulsory process as provided in Code Section 31-5-4 and shall have the right to adduce evidence and conduct cross-examination of all adverse witnesses. Any member of the department or county boards of health, as the case may be, their authorized officials or agents, or any attorney at law may administer oaths to all witnesses. No witness shall be abused while under examination or required to incriminate himself. Where possible, all evidence and proceedings shall be reported. (d) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member in good standing of the State Bar of Georgia. A county board of health is authorized and empowered to direct its director or the director's appointee to conduct hearings, issue compulsory process, administer oaths, and submit his findings and recommendations to the county board of health. In both of such cases, the examiner and director or the director's appointee shall make the report available to all interested parties, and such parties are permitted to file written exception thereto prior to final decision thereon."
SECTION 1-23. Code Section 31-6-21.1 of the Official Code of Georgia Annotated, relating to procedures for rule making by the Department of Community Health, is amended by adding a new subsection to the end of the Code section to read as follows:
"(j) This Code section shall apply only to rules adopted pursuant to this chapter."

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SECTION 1-24. Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certificate of need requirements, is amended by revising division (a)(18)(A)(ii) as follows:
"(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 division shall be required to obtain a certificate of need in order to add any additional operating rooms;"
SECTION 1-25. Code Section 31-6-48 of the Official Code of Georgia Annotated, relating to the abolishment of prior entities and the transfer of contractual obligations, is amended as follows:
"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 2 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."
SECTION 1-26. Code Section 31-7-2.2 of the Official Code of Georgia Annotated, relating to determination that patients or residents in an institution, community living arrangement, or treatment program are in danger, is amended as follows:
"31-7-2.2. (a)(1) The commissioner may order the emergency relocation of patients or residents from an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16)(8) of subsection (b)(d) and subsection (c) of Code Section 37-1-20 31-2-4, or a drug abuse treatment and

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education program subject to licensure under Chapter 5 of Title 26 when the commissioner has determined that the patients or residents are subject to an imminent and substantial danger. (2) When an order is issued under this subsection, the commissioner shall provide for:
(A) Notice to the patient or resident, his or her next of kin or guardian, and his or her physician of the emergency relocation and the reasons therefor; (B) Relocation to the nearest appropriate institution, community living arrangement, or drug abuse treatment and education program; and (C) Other protection designed to ensure the welfare and, when possible, the desires of the patient or resident. (b)(1) The commissioner may order the emergency placement of a monitor in an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16)(8) of subsection (b)(d) and subsection (c) of Code Section 37-1-20 31-2-4, or a drug abuse treatment and education program subject to licensure under Chapter 5 of Title 26 when one or more of the following conditions are present: (A) The institution, community living arrangement, or drug abuse treatment and education program is operating without a permit or a license; (B) The department has denied application for a permit or a license or has initiated action to revoke the existing permit or license of the institution, community living arrangement, or drug abuse treatment and education program; (C) The institution, community living arrangement, or drug abuse treatment and education program is closing or plans to close and adequate arrangements for relocation of the patients or residents have not been made at least 30 days before the date of closure; or (D) The health, safety, security, rights, or welfare of the patients or residents cannot be adequately assured by the institution, community living arrangement, or drug abuse treatment and education program. (2) A monitor may be placed, pursuant to this subsection, in an institution, community living arrangement, or drug abuse treatment and education program for no more than ten days, during which time the monitor shall observe conditions and compliance with any recommended remedial action of the department by the institution, community living arrangement, or drug abuse treatment and education program. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the institution, community living arrangement, or drug abuse treatment and education program nor shall the monitor be liable for any actions of the institution, community living arrangement, or drug abuse treatment and education program. The costs of placing a monitor in an institution, community living arrangement, or drug abuse treatment and education program shall be paid by the institution, community living arrangement, or drug abuse treatment and education program unless the order placing the monitor is determined to be invalid in

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a contested case proceeding under subsection (d) of this Code section, in which event the costs shall be paid by the state. (c)(1) The commissioner may order the emergency prohibition of admissions to an institution subject to licensure under this chapter, a community living arrangement subject to licensure under paragraph (16)(8) of subsection (b)(d) and subsection (c) of Code Section 37-1-20 31-2-4, or program subject to licensure under Chapter 5 of Title 26 when an such institution, community living arrangement, or drug abuse treatment and education program has failed to correct a violation of departmental permit rules or regulations within a reasonable period of time, as specified in the department's corrective order, and the violation:
(A) Could jeopardize the health and safety of the residents or patients in the institution, community living arrangement, or drug abuse treatment and education program if allowed to remain uncorrected; or (B) Is a repeat violation over a 12 month period, which is intentional or due to gross negligence. (2) Admission to an institution, community living arrangement, or drug abuse treatment and education program may be suspended until the violation has been corrected or until the department has determined that the institution, community living arrangement, or drug abuse treatment and education program has undertaken the action necessary to effect correction of the violation. (d) The commissioner may issue emergency orders pursuant to this Code section only if authorized by rules and regulations of the department. Unless otherwise provided in the order, an emergency order shall become effective immediately. The department shall hold a preliminary hearing within ten days following a request therefor by any institution, community living arrangement, or drug abuse treatment and education program affected by an emergency order. If at the preliminary hearing the order is determined by the department to be invalid, that order shall thereupon become void and of no effect. If at the preliminary hearing the order is determined by the department to be valid, that determination shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and that order shall remain in effect until determined invalid in a proceeding regarding the contested case or until rescinded by the commissioner, whichever is earlier. For purposes of this subsection, an emergency order is valid only if the order is authorized to be issued under this Code section and rules and regulations relating thereto. (e) The powers provided by this Code section are cumulative of all other powers of the department, board, and commissioner."
SECTION 1-27. Code Section 31-7-12 of the Official Code of Georgia Annotated, relating to regulation of personal care homes, is amended by revising paragraph (1) of subsection (a) as follows:
"(1) 'Personal care home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more

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adults who are not related to the owner or administrator by blood or marriage. This term shall not include host homes, as defined in paragraph (16)(18) of subsection (b) of Code Section 37-1-20."
SECTION 1-28. Code Section 31-7-17 of the Official Code of Georgia Annotated, relating to licensure and regulation of hospitals and related institutions transferred to Department of Community Health, is amended as follows:
"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 (now known as the Department of Human Services) 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

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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 1-29. Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term: (1) 'Designated teaching hospital' means a teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or continue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, seven-dayper-week emergency room open to the public and which hospital files a semiannual statistical report consistent with those filed by other state funded tertiary, neonatal, obstetrical centers with the Family Health Section of the Department of Human Resources Department of Community Health. (2) 'Hospital authority' means a hospital authority operating a teaching hospital which offers a residency program approved by the American Medical Association. (3) 'Resident' means a physician receiving medical education and training through a teaching hospital operated by a hospital authority or designated teaching hospital."
SECTION 1-30. Code Section 31-7-159 of the Official Code of Georgia Annotated, relating to licensure and regulation of home health agencies transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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,

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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 1-31. Code Section 31-7-265 of the Official Code of Georgia Annotated, relating to facility licensing and employee records checks for personal care homes transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) 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

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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."
SECTION 1-32. Code Section 31-7-308 of the Official Code of Georgia Annotated, relating to licensure and regulation of private home care providers transferred to Department of Community Health, is amended 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 (now known as the Department of Human Services) to the Department of Community Health.

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(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."
SECTION 1-33. Code Section 31-8-82 of the Official Code of Georgia Annotated, relating to reporting abuse or exploitation of a resident in a long-term care facility, is amended by revising subsection (a) as follows:
"(a) Any:

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(1) Administrator, manager, physician, nurse, nurse's aide, orderly, or other employee in a hospital or facility; (2) Medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, social worker, coroner, clergyman, police officer, pharmacist, physical therapist, or psychologist; or (3) Employee of a public or private agency engaged in professional services to residents or responsible for inspection of long-term care facilities who has knowledge that any resident or former resident has been abused or exploited while residing in a long-term care facility shall immediately make a report as described in subsection (c) of this Code section by telephone or in person to the department. In the event that an immediate report to the department is not possible, the person shall make the report to the appropriate law enforcement agency. Such person shall also make a written report to the Department of Human Resources department within 24 hours after making the initial report."
SECTION 1-34. Code Section 31-8-192 of the Official Code of Georgia Annotated, relating to definitions relative to the "'Health Share' Volunteers in Medicine Act," is amended by revising subparagraph (D) of paragraph (6) as follows:
"(D) Any client or beneficiary of the department, or the Department of Human Resources Services, or the Department of Behavioral Health and Developmental Disabilities who voluntarily chooses to participate in a program offered or approved by the department, or the Department of Human Resources Services, or the Department of Behavioral Health and Developmental Disabilities and meets the program eligibility guidelines of the department, or the Department of Human Resources Services, or the Department of Behavioral Health and Developmental Disabilities whose family income does not exceed 200 percent of the federal poverty level as defined annually by the federal Office of Management and Budget."
SECTION 1-35. Code Section 31-11-2 of the Official Code of Georgia Annotated, relating to definitions relative to emergency medical services, is amended by revising paragraphs (3), (5), and (6.1) as follows:
"(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section of the Division of Public Health of the Department of Human Resources Community Health." "(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 prior to January 1, 2002, or the Department of Human Resources (now known as the Department of Community Health for these purposes) on and after January 1, 2002."

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"(6.1) 'Department' means the Department of Human Resources Community Health."
SECTION 1-36. Code Section 31-11-50 of the Official Code of Georgia Annotated, relating to medical advisers relative to emergency medical services, is amended by revising subsection (a) as follows:
"(a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to practice medicine in this state and subject to approval by the medical consultant of the Emergency Health Section of the Division of Physical Public Health of the Department of Human Resources Department of Community Health. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the district health director or his or her designee to act as medical adviser until the services of a physician are available."
SECTION 1-37. Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to automated external defibrillator program, is amended by revising paragraph (1) of subsection (b) as follows:
"(1) It is recommended that all persons who have access to or use an automated external defibrillator obtain appropriate training as set forth in the Rules and Regulations rules and regulations of the Department of Community Health Human Resources Chapter 290-5-30. It is further recommended that such training include at a minimum the successful completion of:
(A) A nationally recognized health care provider/professional rescuer level cardiopulmonary resuscitation course; and (B) A department established or approved course which includes demonstrated proficiency in the use of an automated external defibrillator;"
SECTION 1-38. Code Section 31-13-25 of the Official Code of Georgia Annotated, relating to rules, regulations, agreements, and contracts formerly under the Department of Human Resources with respect to radiation control, is amended as follows:
"31-13-25. All rules and regulations, agreements, contracts, or other instruments which involve radioactive materials heretofore under the jurisdiction of the Department of Human Resources (now known as the Department of Community Health for these purposes) will, by operation of law, be assumed by the Department of Natural Resources on April 4, 1990."
SECTION 1-39. Code Section 31-15-4 of the Official Code of Georgia Annotated, relating to a cancer control officer, is amended as follows:

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"31-15-4. The commissioner shall appoint a cancer control officer. The cancer control officer shall be a physician licensed to practice medicine under Chapter 34 of Title 43 and must shall be knowledgeable in the field of medicine covered by this chapter. He or she shall administer the cancer program for the Division of Physical Public Health of the Department of Human Resources Department of Community Health in compliance with this chapter. He or she shall be provided an office with clerical and administrative assistance to carry out this program."
SECTION 1-40. Code Section 33-21-20.1 of the Official Code of Georgia Annotated, relating to regulation of health maintenance organizations by the commissioner of human resources, is amended as follows:
"33-21-20.1. On May 13, 2004, all health maintenance organizations meeting the requirements of subsection (b.1) of Code Section 33-21-3 shall not be subject to regulation by the commissioner of human resources (now known as the commissioner of community health for these purposes). Upon the Commissioner of Insurance's determination that a health maintenance organization no longer meets the requirements of subsection (b.1) of Code Section 33-21-3, the Commissioner shall immediately notify the commissioner of human resources community health; and such health maintenance organization shall be subject to regulation by the commissioner of human resources community health until such time as it again meets the requirements of subsection (b.1) of Code Section 33-21-3 as determined by the Commissioner of Insurance."
SECTION 1-41. Code Section 33-24-56.3 of the Official Code of Georgia Annotated, relating to colorectal cancer screening and testing, is amended by revising paragraph (1) of subsection (a) as follows:
"(1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed by an insurer in this state on or after July 1, 2002, including, but not limited to, those contracts executed by the Department of Community Health pursuant to paragraph (1) of subsection (f)(d) of Code Section 31-5A-4 31-2-4. The term 'health benefit policy' does not include the following limited benefit insurance policies: accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and nonrenewable individual policies written for a period of less than six months."
SECTION 1-42. Code Section 33-24-59.2 of the Official Code of Georgia Annotated, relating to insurance coverage for equipment and self-management training for individuals with diabetes, is amended by revising subsection (b) as follows:

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"(b)(1) Diabetes outpatient self-management training and education as provided for in subsection (a) of this Code section shall be provided by a certified, registered, or licensed health care professional with expertise in diabetes.
(2) The office of the Commissioner of Insurance shall promulgate rules and regulations after consultation with the Department of Human Resources Community Health which conform to the current standards for diabetes outpatient selfmanagement training and educational services established by the American Diabetes Association for purposes of this Code section. (3) The office of the Commissioner of Insurance shall promulgate rules and regulations, relating to standards of diabetes care, to become effective July 1, 2002, after consultation with the Department of Human Resources (now known as the Department of Community Health for these purposes), the American Diabetes Association, and the National Institutes of Health. Such rules and regulations shall be adopted in accordance with the provisions of Code Section 33-2-9."
SECTION 1-43. Code Section 33-45-3 of the Official Code of Georgia Annotated, relating to certificates of authority required for operation of continuing care facilities, is amended as follows:
"33-45-3. Nothing in this title or chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the department under this title. Nothing in this chapter shall be construed so as to interfere with the jurisdiction of the Department of Human Resources, the Department of Community Health, or any other regulatory body exercising authority over continuing care providers."
SECTION 1-44. Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements for professional counselors, social workers, and marriage and family therapists, is amended by revising paragraphs (3) and (12) of subsection (b) as follows:
"(3)(A) Persons who, prior to July 1, 2000, engaged in the practice of a specialty as an employee of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department. (B) Persons who engage in the practice of social work as employees of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such community service board or similar entity, agency, or department, and persons or entities which contract to provide social work services with any community service board or similar entity or any agency or department of the state or

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any of its political subdivisions, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing social work services pursuant to those contracts and shall only be exempt until January 1, 1996. (C) Persons who engage in the practice of professional counseling as employees of privately owned correctional facilities, the Department of Corrections, Department of Human Resources Community Health, Department of Behavioral Health and Developmental Disabilities, Department of Human Services, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such privately owned correctional facility, department, board, or entity and persons or entities which contract to provide professional counseling services with such department or county board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996;" "(12) Persons engaged in the practice of a specialty as an employee of the Division of Family and Children Services of the Department of Human Resources Services but only when engaged in such practice as an employee of that division;"
SECTION 1-45. Code Section 43-26-51 of the Official Code of Georgia Annotated, relating to the purpose of the "Georgia Qualified Medication Aide Act," is amended as follows:
"43-26-51. The purpose of this article is to protect, promote, and preserve the public health, safety, and welfare through the delegation of certain activities performed by registered professional nurses and licensed practical nurses to persons who are certified as qualified medication aides and who are employed by and working in community living arrangements established by the Department of Human Resources Community Health pursuant to paragraphs (15) and (16) paragraph (8) of subsection (b)(d) of Code Section 37-1-20 31-2-4."
SECTION 1-46. Code Section 43-26-52 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Qualified Medication Aide Act," is amended by revising paragraph (3) as follows:
"(3) 'Community living arrangement' means any residence, whether operated for profit or not for profit, which undertakes through its ownership or management to provide or arrange for the provision of daily personal services, support, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage which is established by the Department of Human Resources Community Health pursuant to paragraph (16)(8) of subsection (b)(d) of Code Section 37-1-20 31-2-4 and whose services are financially supported, in whole or part, by funds authorized through the Division of Mental Health, Developmental Disabilities, and

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Addictive Diseases of the Department of Human Resources Department of Behavioral Health and Developmental Disabilities. A community living arrangement is also referred to as a 'residence.'"
SECTION 1-47. Code Section 43-27-2 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Nursing Home Administrators, is amended as follows:
"43-27-2. (a) There is created the State Board of Nursing Home Administrators, which shall consist of 13 members, none of whom may be employees of the United States government or of this state, and the commissioner of human resources services or his or her designee, who shall serve as ex officio member of the board, and the commissioner of community health or his or her designee, who shall serve as ex officio member of the board. The members of the board shall be appointed by the Governor and confirmed by the Senate, as follows:
(1) One member who is a licensed medical doctor in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home; (2) One member who is a registered nurse in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home; (3) One member who is an educator with a graduate degree and specializing in the field of gerontology and who is not a nursing home administrator or pecuniarily interested in any nursing home; (4) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large public, at-large positions shall be appointed from a list of three persons for each of these two positions submitted by the Board of Human Resources Community Health. The Governor is vested with complete discretion in appointing the third member for one of these three public-at-large public, at-large positions; (5) One member who is a hospital administrator in this state, who is the holder of a master's degree in hospital administration, and who is not a nursing home administrator or pecuniarily interested in any nursing home; and (6) Six members, at least one of whom shall represent nonproprietary nursing homes, who are licensed nursing home administrators in this state. (b) The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section 43-1-17. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position."
SECTION 1-48. Code Section 43-27-5 of the Official Code of Georgia Annotated, relating to general powers and duties of the State Board of Nursing Home Administrators, is amended by revising paragraph (4) of subsection (a) as follows:

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"(4) To initiate investigations for the purpose of discovering violations by a nursing home administrator of the rules, regulations, or statutes of the Department of Community Health or the Department of Human Resources Services, provided that the board shall investigate those violations only after revocation, limitation, or restriction of participation of the nursing home of which such individual is the administrator in the medical assistance program or the license issued by the Department of Human Resources Community Health and make written findings as to the causes of the alleged violations;"
SECTION 1-49. 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 (c) as follows:
"(c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of community service boards, county departments of health, and county departments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article. In order to facilitate the administration of liability coverage or other insurance coverages provided the community service boards, county departments of health, and county departments of family and children services, the Department of Human Resources Behavioral Health and Developmental Disabilities must shall designate a central office which will shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of family and children services, the Department of Human Services shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services. In order to facilitate the administration of liability coverage or other insurance coverages provided county departments of health, the Department of Community Health shall designate a central office which shall be responsible for obtaining, submitting, and collecting all underwriting information and insurance premiums requested and assessed by the Department of Administrative Services."
SECTION 1-50. Code Section 45-9-110 of the Official Code of Georgia Annotated, relating to authorization for consolidation of unemployment compensation claim matters under the commissioner of administrative services, is amended by revising subsection (d) as follows:

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"(d) The commissioner of administrative services shall have the authority to provide unemployment compensation benefits insurance to all of the county departments of health, county departments of family and children services, and community service boards. The commissioner of human resources community health shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from such boards and departments county departments of health and remit the premium to the Department of Administrative Services. The commissioner of human services shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from county departments of family and children services and remit the premium to the Department of Administrative Services. The commissioner of behavioral health and developmental disabilities shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required, including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from community service boards and remit the premium to the Department of Administrative Services. All of the county departments of health, county departments of family and children services, and community service boards shall participate in such unemployment compensation benefit insurance program."
SECTION 1-51. Code Section 46-4-154 of the Official Code of Georgia Annotated, relating to notice of election, unbundling, rates, application requirements, and surcharge on interruptibles under the "Natural Gas Competition and Deregulation Act," is amended by revising subsection (e) as follows:
"(e) The commission shall establish a surcharge on all customers receiving interruptible service over the electing distribution company's distribution system sufficient to ensure that such customers will pay an equitable share of the cost of the distribution system over which such customers receive service. The commission is authorized to direct the electing distribution company or the marketers to collect such surcharge directly from the customers. Such surcharge shall be paid promptly upon receipt into the universal service fund. This surcharge shall not be applied to any hospital that has a medicare and Medicaid payor mix of at least 30 percent and has uncompensated writeoffs for the provision of charity, indigent, and free health care services of not less than 5 percent of such hospital's annual operating expenses based on the annual hospital surveys by the Division of Health Planning of the Department of Community Health. This surcharge shall not be applied to any institution or property enumerated in Code Section 50-16-3, or administered or regulated under authority granted by Code Section 42-2-5 or 49-4A-6 or by Chapter 9 of Title 50."

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SECTION 1-52. Code Section 49-4-142 of the Official Code of Georgia Annotated, relating to adoption and administration of a state plan for medical assistance by the Department of Community Health, is amended by revising subsection (b) as follows:
"(b) The department shall, not later than June 1, 1986, implement a modification of the state plan for medical assistance or any affected rules or regulations of the department, which modification will allow supplementation by relatives or other persons for a private room or private sitter or both for a recipient of medical assistance in a nursing home. The Department of Human Resources shall likewise modify any affected rules and regulations of the Department of Human Resources. The modification to the plan or to any affected rules and regulations shall be effective unless and until federal authorities rule that such modification is out of compliance with federal regulations. Such modification of the state plan for medical assistance or rules and regulations:
(1) Shall provide that a provider of nursing home services in either a skilled care facility or an intermediate care facility shall be obligated to provide a recipient of medical assistance only semiprivate accommodations which meet the other requirements of appropriate regulations; (2) Shall provide that at no time can more than 10 percent of a skilled care or intermediate care facility's rooms be used for Medicaid recipients for whom a private room supplementation has been made; (3) Shall provide that payments made by relatives or other persons to a provider of medical assistance for the specific stated purpose of paying the additional costs for a private room or private sitter or both for a recipient of medical assistance in a skilled care facility or intermediate care facility shall not be considered as income when determining the amount of patient liability toward vendor payments; provided, however, that the department's entitlement to payments made by legally liable third parties shall not be diminished by this modification of the state plan; (4) Shall provide that no provider of medical assistance shall discriminate against a recipient of medical assistance who does not have a relative or other person who is willing and able to provide supplementation; but the provision of a private room or private sitter to a recipient when supplementation is provided shall not constitute discrimination against other recipients; (5) Shall provide that no recipient who is transferred to or admitted to a private room because of a shortage of beds in semiprivate rooms shall be discharged because the recipient does not have a relative or other person who is willing and able to provide supplementation; and (6) May provide that the rate charged by the provider of medical assistance to the relative or other person providing supplementation for a private room for a recipient shall not exceed the difference between the maximum rate charged by the provider for a private room to or for a private pay patient and the amount which the provider receives or will receive from the department as reimbursement for otherwise providing for the recipient's care in a semiprivate room."

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SECTION 1-53. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under Medicaid, is amended by revising subsection (d) as follows:
"(d) All contested cases involving the imposition of a remedial or punitive measure against a nursing facility by the Department of Community Health shall be conducted in the manner provided for in subsection (l) of Code Section 31-2-6 31-2-11, but only if such remedial or punitive measure is based upon findings made by the Department of Human Resources Community Health in its capacity as the state survey agency for the Georgia Medicaid program."
SECTION 1-54. Code Section 49-4-154 of the Official Code of Georgia Annotated, relating to powers and duties retained by the Department of Human Resources with respect to Medicaid, is amended as follows:
"49-4-154. (a) The status, position, and rights of persons transferred from the Department of Human Resources (now known as the Department of Community Health for these purposes) to the Department of Medical Assistance pursuant to Ga. L. 1977, p. 384 shall not be affected by the transfer, in and of itself; and such persons shall retain, inter alia, all rights of rank or grade; rights to vacation, sick pay, and leave; rights under any retirement plan; and any other rights under any law or administrative policy. (b) The Department of Human Resources (now known as the Department of Community Health for these purposes) shall retain, in accordance with terms of the state plan, the functions, and all tangible things and employees relating thereto, of:
(1) Establishing and maintaining certain standards for certain institutions and agencies seeking to become or remain providers and shall finally determine and certify whether such institutions and agencies meet such standards; (2) Determining and certifying the eligibility of certain applicants for and recipients of medical assistance; and (3) Prescribing regulations to require that applicants for medical assistance be given clear and easily understandable notice that all books, papers, records, and memoranda of the provider relating to the provision of medical assistance to the applicant will be made available, upon request, to the commissioner of medical assistance or his representative and that, by accepting medical assistance, the applicant thereby consents to the providing of such books, papers, records, and memoranda to the commissioner of medical assistance or his representative."
SECTION 1-55. Code Section 49-4-155 of the Official Code of Georgia Annotated, relating to the Department of Community Health succeeding to existing rules, regulations, policies, procedures, and administrative orders with respect to Medicaid, is amended as follows:
"49-4-155.

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The Department of Community Health shall succeed to all the rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources (now known as the Department of Human Services) transferred to the Department of Medical Assistance pursuant to the previously existing provisions of this Code section and that are in effect on June 30, 1999, and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Human Resources (now known as the Department of Human Services) that are in effect on June 30, 1999, to which the Department of Medical Assistance succeeded pursuant to the previously existing provisions of Code Section 49-4-156."
SECTION 1-56. Code Section 49-6-84 of the Official Code of Georgia Annotated, relating to the authority of the Department of Human Resources to promulgate rules and regulations under the "Adult Day Center for Aging Adults Licensure Act," is amended as follows:
"49-6-84. The department is authorized to promulgate rules and regulations to implement this article utilizing the public rule-making process to elicit input from consumers, providers, and advocates. The department is further authorized to issue, deny, suspend, or revoke licenses or take other enforcement actions against licensees or applicants as provided in Code Section 31-2-6 31-2-11. All rules and regulations and any enforcement actions initiated by the department shall comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 1-57. Code Section 50-13-42 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Administrative Procedure Act," is amended by revising subsection (a) as follows:
"(a) In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Commissioner of Agriculture, the Public Service Commission, the Health Planning Review Board Certificate of Need Appeal Panel, or the Department of Community Health, unless specifically provided otherwise for certain programs or in relation to specific laws, or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis."
SECTION 1-58. Code Section 50-16-3 of the Official Code of Georgia Annotated, relating to property of state boards and departments, is amended by revising paragraph (2) as follows:
"(2) The several institutions operated by the Department of Human Resources Services, the Department of Community Health, or the Department of Behavioral Health and Developmental Disabilities, including all real and personal property

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belonging to the several institutions or used in connection therewith, and all other property conveyed to the any such department for the use of any of the institutions or conveyed to any of the boards of trustees of which the such department is the successor or to any of the institutions under its control;"
PART II Department of Human Services.
SECTION 2-1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising Chapters 1 and 2, relating to general provisions on social services and the Department of Human Resources, respectively, as follows:
"CHAPTER 1
49-1-1. As used in this title, the term:
(1) 'Board' means the Board of Human Resources Services. (2) 'Commissioner' means the commissioner of human resources services. (3) 'County board' means a county or district board of family and children services. (4) 'County department' means a county or district department of family and children services. (5) 'County director' means the director of a county or district department of family and children services. (6) 'Department' means the Department of Human Resources Services.
49-1-2. All rules and regulations made by the Department of Human Resources Services shall be binding on the counties and shall be complied with by the respective county departments.
49-1-3. (a) Notwithstanding any other provisions of law, the Governor shall have the power by executive order to direct and implement such internal organization of the Department of Human Resources as he may determine necessary to improve the management and administration of the functions vested in the department, including the power to allocate within such organization the executive authority described in Code Section 49-2-1 with respect to any or any grouping of the functions of the department. For these purposes, the Governor shall have the power by executive order to redefine the department's substate structure and to direct the establishment of district health and welfare organizations, as respectively described and with such powers and duties as set forth in Code Sections 31-3-15 and 49-3-1. The district director of a health district shall be a licensed physician. The district director and other executive staff of district health and

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welfare organizations shall hereafter be appointed by the department, provided that the department shall not appoint as a director of any such organization any person whose appointment is not approved by a majority of the respective district board concerned in a meeting of such board called for that purpose. (b) Any other provisions of this Code section to the contrary notwithstanding, any such reorganization plan shall provide for a county department of family and children services, a county board of family and children services, and a county director of family and children services in each county of this state. The county director shall be the executive officer of the county department who shall be responsible for operations and personnel. In addition to such other powers and authorities which may be delegated to county departments of family and children services, each county board and director of family and children services shall have the same powers, duties, and bond requirements as provided in Code Sections 49-3-2 through 49-3-5. (c) Notwithstanding any other provision of this Code section, the Governor shall not have the power by executive order to abolish any county board. (d) The Governor's power under this Code section shall expire on December 31, 1976, but the organization accomplished by executive order hereunder shall continue until altered in the manner provided by law. Reserved.
49-1-4. No individual, supervisor, or member of the Board of Human Resources Services or the county or district boards of family and children services having to do with the administration of this title shall be authorized or permitted, directly or indirectly, to sell supplies or other items of any kind or character to any of the institutions to be benefited by this title.
49-1-5. (a) In order that the public welfare laws of this state may be better enforced, the Governor is authorized and empowered to suspend any member of any county board, any county director, or any employee or official of the department whenever he or she shall find that good cause for such suspension exists. Such suspension shall be by executive order of the Governor, which shall state the reason therefor. A copy of such order of suspension shall be sent to the person so suspended within five days after it is issued, by registered or certified mail or statutory overnight delivery, return receipt requested, together with a notice from the Governor or his or her executive secretary that the suspended person may be heard before the Governor at such time as may be stated in the notice, which hearing shall be not less than ten nor more than 20 days from the date of the notice. Upon such hearing, if the Governor shall find that good cause for the removal of the person so suspended exists, he or she is authorized and empowered to remove such member of any county board, any county director, or any employee or official in the department; whereupon, such person's tenure of office or employment shall terminate, subject to the right of appeal granted to any employee under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy

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shall be filled as provided by law. If the Governor shall find that good cause for the removal of such person does not exist, he or she shall, by appropriate executive order, restore him or her to duty. (b) In addition to removal by the Governor as specified in subsection (a) of this Code section, the director of the Division of Family and Children Services may terminate the employment of any county director or district director subject to any right of appeal such director may have under the State Merit System of Personnel Administration by Chapter 20 of Title 45, and the vacancy shall be filled as provided by law.
49-1-6. (a) Any charitable or nonprofit corporation which has been granted a charter or articles of incorporation under the laws of this state may transfer all or a part of its assets to the department upon such terms as may be agreed upon between such corporation and the department, provided such corporation shall first have obtained authority to make such transfer in accordance with this Code section. (b) Any such corporation may apply for authority to make such transfer by filing its petition with the superior court of the county in which such corporation has its principal office. Such application shall set forth the assets which the corporation desires to transfer to the department and the terms upon which it desires to transfer these assets. (c) Such corporation, once a week for four weeks prior to the filing of such petition, shall publish notice in the newspaper of the county in which is located the principal office of the corporation, such newspaper being the newspaper in which notices of sheriff's sales are advertised. The notice shall set forth the date, time, and place when such application will be presented, the court to which it will be presented, and the assets which such corporation desires to transfer to the department. (d) After a hearing, the court shall be authorized to grant the application and permit a transfer of the assets of the applicant upon terms as set out in the application or modified as the court may deem advisable, if the court considers this in the public interest; or the court may deny the application if the court deems such denial to be in the public interest. Where such corporation makes a transfer of all of its right, title, and interest in any of its assets to the department and such transfer is made pursuant to the authority of the court obtained in the manner provided for in this Code section, such transfer shall be conclusively deemed to be a proper and legal transfer. (e) Should such corporation desire to transfer all of its assets to the department, the court to which such application is presented may include in its order a provision that upon the transfer by such corporation of all of its assets to the department and upon compliance with Chapter 3 of Title 14, the charter or articles of incorporation of such corporation shall stand surrendered and the corporation dissolved. (f) Nothing contained in this Code section shall be considered as authorizing the department to accept a transfer of assets upon terms which would require the use of them by the department in a manner not authorized by law.

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49-1-7. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department.
49-1-8. (a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce.
49-1-9 49-1-7. (a) The General Assembly finds that it is in the best interest of the state to provide for programs for home delivered meals, transportation services for the elderly, and preschool children with special needs, including but not limited to disabled children, troubled children, school readiness programs, and other similar needs for the benefit of the citizens of Georgia. In addition to and as a supplement to traditional financing mechanisms for such programs, it is the policy of this state to enable and encourage citizens voluntarily to support such programs. (b) To support programs for home delivered meals, transportation services for the elderly, and preschool children with special needs which programs have been established or approved by the department or the Department of Community Health, the department may, without limitation, promote and solicit voluntary contributions through the income tax return contribution mechanism established in subsection (f) of this Code section, through offers to match contributions by any person with moneys appropriated or contributed to the department or the Department of Community Health for such programs, or through any fund raising or other promotional techniques deemed appropriate by the department or the Department of Community Health. (c) There is established a special fund to be known as the 'Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund.' This fund shall consist of all moneys contributed under subsection (b) of this Code section, all moneys transferred to the department under subsection (f) of this Code section, and any other moneys contributed to this fund or to the home delivered meals, transportation services for the elderly, or preschool children with special needs

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programs of the department or the Department of Community Health and all interest thereon. All balances in the fund shall be deposited in an interest-bearing account identifying the fund and shall be carried forward each year so that no part thereof may be deposited in the general treasury. The fund shall be administered and the moneys held in the fund shall be expended by the department through the Office Division of Aging Services in furtherance of home delivered meals and transportation services to the elderly programs and by the department Department of Community Health in furtherance of preschool children with special needs programs. (d) Following the transmittal of contributions to the department for deposit in the fund pursuant to subsection (f) of this Code section, the expenditure of moneys in the fund shall be allocated as follows:
(1) Fifty percent of the contributions to the fund shall be used for home delivered meals and transportation services to the elderly programs; and (2) Fifty percent of the contributions to the fund shall be transferred to the Department of Community Health to be used for preschool children with special needs programs. (e) Contributions to the fund shall be deemed supplemental to and shall in no way supplant funding that would otherwise be appropriated for these purposes. Contributions shall only be used for benefits and services and shall not be used for personnel or administrative positions. The department and the Department of Community Health shall each prepare, by February 1 of each year, an accounting of the funds received and expended from the fund and a review and evaluation of all expended moneys of the fund. The report reports shall be made available to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, to the members of the Board of Human Resources Services, and, upon request, to members of the public. (f)(1) Unless an earlier date is deemed feasible and established by the Governor, each Georgia income tax return form for taxable years beginning on or after January 1, 1993, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Home Delivered Meals, Transportation Services for the Elderly, and Preschool Children with Special Needs Fund established in subsection (c) 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 such 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 department for deposit in the fund established in subsection (c) of this Code section; provided,

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however, the amount retained for administrative costs, including implementation 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.
CHAPTER 2 ARTICLE 1
49-2-1. (a) There is created a Department of Human Resources Services. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Department of Community Health or the Department of Behavioral Health and Developmental Disabilities, are transferred to the Department of Human Services effective July 1, 2009, and the Department of Human Resources shall be reconstituted as the Department of Human Services effective July 1, 2009. (b) There is also created the position of commissioner of human resources services. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department.
49-2-2. (a) There is created a Board of Human Resources Services, as of July 1, 2009, which shall establish the general policy to be followed by the Department of Human Resources Services created by Code Section 49-2-1. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, except for those relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases, the Division of Public Health, and the Office of Regulatory Services, unless specifically transferred or reassigned to the Board of Community Health or the Board of Behavioral Health and Developmental Disabilities, are transferred to the Board of Human Services effective July 1, 2009, and the Board of Human Resources as it existed on June 30, 2009, shall be abolished effective July 1, 2009. The board shall consist of one member from each congressional district in the state and four at-large nine members appointed by the Governor and confirmed by the Senate. For this purpose, the congressional districts used shall be those specified in Code Section 21-1-2, as amended by Act No. 2EX11 of the second extraordinary 2001 session of the General Assembly and as thereafter amended by law. Seven members of the board shall be

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engaged professionally in rendering health services, and at least five of these seven members shall be licensed to practice medicine pursuant to Chapter 34 of Title 43. In appointing members to the board, the Governor shall take into account to the extent practicable all areas and functions encompassed by the department. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years; three members shall be appointed for four years; and the remaining members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five-year three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (d)(e) There shall be a chairman chairperson of the board, elected by and from the membership of the board, who shall be the presiding officer of the board. (e) Those members engaged in rendering health services shall comprise no more than seven members of the total membership of the board. (f) The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards.
49-2-2.1. (a) The Department of Human Services 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 Human Services pursuant to Code Section 49-2-1 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 Human Services pursuant to Code Section 49-2-1. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Human Services by proper authority or as otherwise provided by law. (b) 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 Human Services pursuant to Code Section 49-2-1 shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of

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the transfer of the functions to the Department of Human Services. In all such instances, the Department of Human Services shall be substituted for the Department of Human Resources, and the Department of Human Services shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Human Services in similar capacities, as determined by the commissioner of human services. Such employees shall be subject to the employment practices and policies of the Department of Human Services 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 Human Services. (d) On July 1, 2009, the Department of Human Services shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Human Services pursuant to Code Section 49-2-1.
49-2-3. (a) Reserved. (b) The policy-making functions of the State Board for Children and Youth, contained in Ga. L. 1963, p. 81, are vested in the Board of Human Resources Services. (c)(b) The policy-making functions of the Commission on Aging, created in Ga. L. 1962, p. 604, are vested in the Board of Human Resources Services.
49-2-4. There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department.
49-2-5. The department is declared to be an institution of the state for which the powers of taxation over the whole state may be exercised, and the department is empowered and authorized to administer, expend, and disburse funds appropriated to it and allocated to it by the General Assembly, the respective counties of the state, and the United States,

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through its appropriate agencies and instrumentalities for the purpose of distributing old-age benefits and all other benefits as provided in this title.
49-2-6. (a) The department shall administer or supervise all county departments of the state as provided in Chapter 3 of this title. (b) The department shall:
(1) Administer or supervise: (A) All categories of public assistance established under Code Section 49-4-3; (B) The operation of state charitable and eleemosynary institutions; (C) Agencies and institutions caring for dependent or mentally or physically disabled or aged adults; and (D) Such other welfare activities or services as may be vested in it;
(2) Cooperate in the supervision of all correctional activities, including the operation of all the penal and correctional institutions of the state, together with parole, supervising of probation services, segregation of first offenders, and the inspection of local jails; (3) Provide services to county governments, including the organization and supervision of county departments for the effective administration of welfare functions and the compilation of statistics and necessary information relative to public welfare problems throughout the state; (4)(3) Prescribe qualifications and salary standards for welfare personnel in state and county departments, subject to Chapter 20 of Title 45; (5)(4) Assist other state and federal departments, agencies, and institutions, when so requested, by performing services in conformity with the purposes of this title; (6)(5) Act as the agent of the federal government in welfare matters of mutual concern in conformity with this title and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (7)(6) Under rules and regulations prescribed by the board, designate county and district departments to serve as agents in the performance of all state welfare activities in the counties or districts; (8)(7) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary; (9)(8) Have the right to accept and execute gifts or donations for welfare purposes, as may be prescribed by the donors thereof; (10)(9) Have authority to delegate in whole or in part the operation of any institution or other activity of the department to any other appropriate department or agency of the state, county, or municipal governments; and to contract with and cooperate with such departments or subdivisions in any manner proper for carrying out the purposes of this title; and

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(11) Make provision for meeting the cost of hospital care of persons eligible for public assistance to the extent that federal matching funds are available for such expenditures for hospital care. To accomplish this purpose, the department is authorized to pay from funds appropriated for the purposes of this title the amount required under this paragraph into a trust fund account which shall be available for disbursement for the cost of hospital care of public assistance recipients. The commissioner, subject to the approval of the Office of Planning and Budget, on the basis of the funds appropriated in any year, shall estimate the scope of hospital care available to public assistance recipients and the approximate per capita cost of such care. Monthly payments into the trust fund for hospital care shall be made on behalf of each public assistance recipient and such payments shall be deemed encumbered for assistance payable. Ledger accounts reflecting payments into and out of the hospital care fund shall be maintained for each of the categories of public assistance established under Code Section 49-4-3. The balance of state funds in such trust fund for the payment of hospital costs in an amount not to exceed the amount of federal funds held in the trust fund by the department available for expenditure under this paragraph shall be deemed encumbered and held in trust for the payment of the costs of hospital care and shall be rebudgeted for this purpose on each quarterly budge required under the laws governing the expenditure of state funds. The state auditor shall audit the funds in the trust fund established under this paragraph in the same manner that any other funds disbursed by the department are audited; and (12)(10) Administer such programs and provide such services as may be appropriate and necessary to strengthen family life and help needy individuals attain the maximum economic and personal independence of which they are capable, including services to applicants and recipients of old-age assistance to help them attain selfcare, provided that the costs incurred by the county departments in administering this Code section in conjunction with the public assistance programs administered by the department shall be deemed to be administrative expenses.
49-2-7. (a) The functions, duties, and authority of the Board of Public Welfare, established by Ga. L. 1919, p. 222, as amended, as transferred and vested in the Board of Control of Eleemosynary Institutions by Ga. L. 1931, p. 7, Section 44A, are vested in the Department of Human Resources Services. (b) The functions, duties, and authority of the Department of Family and Children Services, created in Ga. L. 1937, p. 355, as amended, are vested in the Department of Human Resources Services. (c) The functions of the State Board for Children and Youth, created in Ga. L. 1963, p. 81, except for the policy-making functions transferred to the Board of Human Resources, are vested in the Department of Human Resources Services. (d) Reserved. (e) The functions, duties, and authority of the State Commission on Aging, created in Ga. L. 1962, p. 602, except the policy-making functions transferred to the Board of

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Human Resources Services, are vested in the Department of Human Resources Services.
49-2-8. The five members of the board who are licensed to practice medicine pursuant to Chapter 34 of Title 43 shall pass upon and approve the professional qualifications of all physicians and medical doctors employed by the department. Reserved.
49-2-9. In administering any funds appropriated or made available to the department for welfare purposes, the department shall have the power:
(1) To make use of all local processes to enforce the minimum standards prescribed under or pursuant to the laws providing for grants-in-aid; and (2) To administer and disburse any and all funds which may be allocated by any municipality of the state or private organization or society for such purposes as may be designated by such municipality or other agency. The department may use a reasonable percentage of such funds for administrative costs, not to exceed 10 percent of the total sum administered.
49-2-10. For the purpose of carrying out the duties and obligations of the department for performance of welfare services of the state, for administrative costs, for matching such federal funds as may be available for all of the aforesaid services, for the purpose of establishing an equalization fund to be used in assisting those counties which may be unable otherwise to bear their proportionate share of the expenses of administration and of dispensing the benefits provided for under this title, and for dispensing all of the benefits provided for under this title, the General Assembly shall make appropriations out of the general fund of the state or otherwise for the various and separate activities of the department. All funds appropriated or allocated to the department or to the county departments by the General Assembly, the fiscal authorities of the respective counties, and by the federal government through its appropriate agencies and instrumentalities are declared to be funds provided for a public purpose; and all appropriations provided for in this Code section and hereafter may be expended and distributed by the department for the purposes provided for under this title.
49-2-11. (a) Notwithstanding any provision in this title to the contrary, particularly Articles 2, 3, and 5 of Chapter 4 of this title, nothing therein contained shall be construed to prevent the acceptance of more than 50 percent federal matching funds. The department may accept and disburse the maximum percentage of federal grant-in-aid funds made available to this state by the federal government under any formula of variable grants or other formula for the granting of federal grants-in-aid.

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(b) The department is authorized to comply with the requirements prescribed by Congress as conditions to federal grants. (c) To the end of empowering the department to comply with federal requirements and to effectuate the purposes of grant-in-aid welfare programs, the board is authorized to promulgate all necessary rules and regulations and the department is authorized to do all things necessary and proper for the securing of the maximum amount of such federal grants. (d) In the event that Congress appropriates funds for grants-in-aid to the state governments for the purpose of assisting them in the operation of general assistance programs, medical assistance programs, or any other welfare programs, the department is authorized to cooperate with the federal government in such programs, to accept funds from the federal government in the maximum amounts made available, to disburse them, and to comply with all requirements of the federal government necessary for the securing of such grant-in-aid funds. (e) Any state funds which are made available by appropriation to the department for matching federal funds shall be available to supply the state portion of expenditures for general assistance programs, medical assistance programs, or any other type welfare programs provided for by the federal government which benefit the citizens or residents of this state. (f) Notwithstanding subsections (a) through (e) of this Code section, the Department of Community Health shall be the single state agency for the administration of the state medical assistance plan.
49-2-12. (a) All divisions and sections within the department shall make an inventory of all the various vehicles to which the department holds title and shall investigate their utilization patterns in order to establish and develop a consolidated and coordinated transportation plan for the various human services programs of the department, including, but not limited to, those programs relating to the aged and to the mentally and physically disabled. (b) Other departments and agencies of the state shall cooperate with the Department of Human Resources Services in mutually beneficial agreements regarding the establishment and development of a coordinated transportation plan involving various vehicles to which the state has title. (c) The plan required to be developed under this Code section shall identify the fully allocated costs of the transportation component of their services and take into consideration various limitations on the expenditure of federal funds which may arise in any consolidated or coordinated transportation system. No later than June 30, 1980, a preliminary transportation plan shall be submitted by the department to the Human Relations and Aging Committee of the House of Representatives and the Education and Youth, Aging, and Human Ecology Committee of the Senate, which plan shall be revised and submitted to such committees every two years thereafter.

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49-2-13. All divisions and sections within the department, in cooperation with the Department of Transportation, shall identify those areas of the state where the general transportation needs of the elderly and persons with disabilities are not and cannot be adequately served by bus service and community service centers furnishing transportation. In further cooperation with the Department of Transportation, the department shall identify alternatives for meeting the transportation needs of these persons and shall report to the committees specified in subsection (c) of Code Section 49-2-12 as required therein. Such alternative means to be considered for providing for the transportation needs of these persons should include, but shall not be limited to:
(1) Contract service resulting from competitive bidding by private sector bus operators operating under Article 1 of Chapter 7 of Title 46; (2) Contract service resulting from competitive bidding by taxi operators; (3) Negotiated fee basis with municipal and area-wide transportation systems serving the general public; or (4) Any combination of above paragraphs (1) through (3) of this Code section.
49-2-13.1. (a) The department may, when funds are available from the United States government for such purposes, provide financial assistance with such funds, or such funds and state general funds appropriated for these purposes, to private nonprofit corporations and associations for the specific purpose of assisting them in providing transportation services meeting the special needs of the elderly or persons with disabilities, or both, for whom the department determines that the mass transportation services planned, designed, and carried out by local public bodies, agencies, and authorities are unavailable, insufficient, or inappropriate. Such financial assistance shall be subject to those terms, conditions, requirements, and restrictions as the department determines to be necessary or appropriate in order to carry out the purposes of this Code section. (b) In order to effectuate and enforce this Code section, the department is authorized to promulgate necessary rules and regulations and to prescribe conditions and procedures in order to assure compliance in carrying out the purposes of this Code section.
49-2-14. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the

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judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed. (c) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department, and its contractors, and any district or county health agency. Such uniform method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. (d) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning children in the custody of the department or who are the subjects of a child protective services referral, complaint, or investigation and shall be privileged and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the employment, department, or licensed child-placing agency file. Immediately following the employment decisions or upon receipt of the conviction data concerning any adult person who has contact with a child who is the subject of a child protective services referral, complaint, or investigation or who resides in a home where children in the custody of the department may be placed, all such conviction data collected by the department or the licensed child-placing agency shall be maintained by the department or child-placing agency pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (e) Notwithstanding the provisions of subsection (c) of this Code section, when a contractor to this department is a personal care home, the provisions of Code Sections 31-7-250 through 31-7-264 shall apply. (f) The department may promulgate written rules and regulations to implement the provisions of this Code section. (g) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information

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which it may be provided pursuant to state or federal law which is relevant to any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation to the fullest extent permissible by federal and state law, including but not limited to Public Law 92-544. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such method shall require the submission to the Georgia Crime Information Center of two complete sets of fingerprint cards fingerprints together with any required records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the names alone of such adult persons to the proper law enforcement agency when the department is considering placement of a child in exigent circumstances for a name based check of such adult person's criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such exigent circumstances, the department shall submit two complete sets of fingerprint cards fingerprints of those adult persons in the placement home, together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. Fingerprint cards The fingerprints shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center in accordance with Code Section 35-3-35. Following the submission of such fingerprint cards fingerprints, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. In the event that a child has been placed in exigent circumstances, a name based records search has been requested for any adult person of the placement household, and that adult refuses to provide fingerprints after being requested to do so by the department, the child shall be immediately removed from the placement household by the department, provided that the child is in the custody of the department. (h) The department shall be authorized to conduct a name or descriptor based check of any adult person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation without the consent of such adult person and without fingerprint comparison to the fullest extent permissible by federal and state law.
49-2-14.1. (a) As used in this Code section, the term:

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(1) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (2) 'Crime' means commission of the following offenses:
(A) A violation of Code Section 16-5-1, relating to murder and felony murder; (B) A violation of Code Section 16-5-21, relating to aggravated assault; (C) A violation of Code Section 16-5-24, relating to aggravated battery; (D) A violation of Code Section 16-5-70, relating to cruelty to children; (E) A violation of Code Section 16-5-100, relating to cruelty to a person 65 years of age or older; (F) A violation of Code Section 16-6-1, relating to rape; (G) A violation of Code Section 16-6-2, relating to aggravated sodomy; (H) A violation of Code Section 16-6-4, relating to child molestation; (I) A violation of Code Section 16-6-5, relating to enticing a child for indecent purposes; (J) A violation of Code Section 16-6-5.1, relating to sexual assault against persons in custody, detained persons, or patients in hospitals or other institutions; (K) A violation of Code Section 16-6-22.2, relating to aggravated sexual battery; (L) A violation of Code Section 16-8-41, relating to armed robbery; (M) A violation of Code Section 30-5-8, relating to abuse, neglect, or exploitation of a disabled adult or elder person; or (N) Any other offense committed in another jurisdiction that, if committed in this state, would be deemed to be a crime listed in this paragraph without regard to its designation elsewhere. (3) 'Criminal record' means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (4) 'Facility' means a: (A) Personal care home required to be licensed or permitted under Code Section 31-7-12; (B) Private home care provider required to be licensed under Article 13 of Chapter 7 of Title 31; (C) Community living arrangement subject to licensure under paragraph (16) of subsection (b) and subsection (c) of Code Section 37-1-20; or (D) Child child welfare agency required to be licensed under Code Section 49-5-12. (5) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.

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(6) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (7) 'License' means the document issued by the department to authorize the facility to operate. (8) 'Owner' means any individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility providing care to persons under the license of the facility in this state and who:
(A) Purports to or exercises authority of the owner in a facility; (B) Applies to operate or operates a facility; (C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access to persons receiving care at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction during the time such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (9) 'Records check application' means two sets of classifiable fingerprints in such form and of such quality as prescribed by the Georgia Crime Information Center under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section. (b) An owner with a criminal record shall not operate or hold a license to operate a facility, and the department shall revoke the license of any owner operating a facility or refuse to issue a license to any owner operating a facility if it determines that such owner has a criminal record; provided, however, that an owner who holds a license to operate a facility on or before June 30, 2007, shall not have his or her license revoked prior to a hearing being held before a hearing officer pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c)(1) Prior to approving any license for a new facility and periodically as established by the department by rule and regulation, the department shall require an owner to submit a records check application. The department shall establish a uniform method of obtaining an owner's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC both sets of the fingerprints and the records search fee from each fingerprint records check application in accordance with Code Section 35-3-35. Upon receipt thereof, the GCIC shall promptly transmit one set of the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and

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fingerprints and upon receipt of the bureau's report, the department shall make a determination about an owner's criminal record and shall notify the owner in writing as to the department's determination as to whether the owner has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to GCIC and Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for owners. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3)(A) The department's determination regarding an owner's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (B) In a hearing held pursuant to subparagraph (A) of this paragraph or subsection (b) of this Code section, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. Where a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration in considering the case. (4) Neither the The GCIC, the department, any law enforcement agency, nor and the employees of any such entities shall not be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section. (d) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new facility or the revision of a license of an existing facility when a new owner is proposed and shall not be released or otherwise disclosed to any other person or agency except to any person or agency with a legal right to inspect the facility. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and

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the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. (e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of this title or Article 11 of Chapter 7 of Title 31. (f) The department shall promulgate written rules and regulations to implement the provisions of this Code section.
49-2-15. When any action is brought against the Department of Human Resources Services, the Board of Human Resources Services, the commissioner of human resources services, or any employee or agent thereof or when any action is brought in which the department could be held responsible for damages awarded in such action, it shall be the duty of the plaintiff to provide for service of notice of the pendency of such action by providing for service of a second original process, issued from the court in which the action is filed, upon the commissioner of human resources services personally or upon a person designated by the commissioner in writing to serve as agent for the acceptance of such service of process. The service of process in such action shall not be perfected until such second original process has been served as provided in this Code section. The provisions of this Code section shall be cumulative of any other requirements imposed by law for the service of process or notice.
49-2-16. (a) There is created a Georgia Council for Welfare Administration. The objectives for of the council shall be:
(1) To promote improvements in public welfare and social service programs of the Division of Family and Children Services within the Department of Human Resources Services; (2) To provide a forum for the interchange of information relating to welfare and social service programs; and (3) To promote with any organization exempt under Section 501(c)(4) of the United States Internal Revenue Code of 1986 a more efficient public welfare delivery system for the citizens of this state. (b) Membership in the council shall be open to persons actively employed in the Division of Family and Children Services within the Department of Human Resources Services. (c) No state funds shall be appropriated for the benefit or use of the council. (d) The council is authorized to adopt bylaws which prescribe its organizational structure, officers, terms and condition of office, meeting schedules, and such other organizational procedures as are necessary for its lawful and effective functioning. (e) The commissioner of human resources services shall call the initial meeting of the council at which time the council shall organize and select its officers.

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49-2-17. (a) This Code section shall be applicable to any agency, facility, institution, or entity subject to regulation by the department under Chapter 5 of this title. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or licensee has:
(1) Knowingly made any false statement of material information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the agency, facility, institution, or entity; (2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the agency, facility, institution, or entity; (3) Failed to comply with the licensing requirements of this state; or (4) Failed to comply with any provision of this Code section. (c) When the department finds that any applicant or licensee has violated any provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the agency, facility, institution, or entity, the department, subject to notice and opportunity for hearing, may take any of the following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or licensee from allowing a person who previously was involved in the management or control, as defined by rule, of any agency, facility, institution, or entity which has had its license or application revoked or denied within the past 12 months to be involved in the management or control of such agency, facility, institution, or entity; (5) Revoke any license; (6) Impose a fine, not to exceed a total of $25,000.00, of up to $1,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity; or (7) Limit or restrict any license as the department deems necessary for the protection of the public, including, but not limited to, restricting some or all services of or admissions into an agency, facility, institution, or entity for a time certain. In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public.

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(d) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license. (e) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified therein and violation thereof by any applicant or licensee shall constitute grounds for any action enumerated in subsection (c) of this Code section. (f) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of any agency, facility, institution, or entity 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 (c) of this Code section. (g) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any agency, facility, institution, or entity. (h) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against an agency, facility, institution, or entity reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the agency, facility, institution, or entity to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspection, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (i) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (j) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception. (k) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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(l) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (m) The department is authorized to promulgate rules and regulations to implement the provisions of this Code section.
ARTICLE 2
49-2-20. As used in this part, the term:
(1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a residential child care licensing law. (2) 'Residential child care licensing law' means this chapter and Chapter 5 of this title and any rule or regulation duly promulgated thereunder.
49-2-21. The commissioner or the commissioner's designee, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this part. Such warrant shall authorize the commissioner or the commissioner's designee to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated pursuant to a residential child care licensing law.
49-2-22. (a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when the judge is satisfied that the following conditions are met:
(1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this part.

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49-2-23. The inspection warrant shall be validly issued only if it meets the following requirements:
(1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced.
49-2-24. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this part shall be competent as evidence in any criminal proceeding against any party.
49-2-25. The Department of Human Services is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of a residential child care licensing law as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs."
SECTION 2-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Human Services":
(1) Code Section 2-7-102, relating to grounds for denial, suspension, revocation, or modification of license, permit, or certification for use and application of pesticides; (2) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (3) Code Section 12-6-49.1, relating to denial or suspension of license for noncompliance with child support order; (4) Code Section 15-11-8, relating to expenses charged to county and payment by parents on court order;

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(5) Code Section 15-11-14, relating to emergency care and supervision of a child by the Department of Human Resources; (6) Code Section 15-11-15, relating to detainment of child in temporary protective custody of a physician; (7) Code Section 15-11-19, relating to the establishment of the Council of Juvenile Court Judges; (8) Code Section 15-11-55, relating to disposition of a deprived child; (9) Code Section 15-11-58, relating to reasonable efforts regarding reunification of family; (10) Code Section 15-11-71, relating to supervision fees for juvenile courts; (11) Code Section 15-11-103, relating to placement of a child following a termination order; (12) Code Section 15-11-171, relating to definitions relative to the "Georgia Child Advocate for the Protection of Children Act"; (13) Code Section 15-11A-4, relating to appointment of personnel to the Family Court Division of the Superior Court of Fulton County; (14) Code Section 15-18-14, relating to appointment of prosecuting attorneys; (15) Code Section 18-4-131, relating to definitions relative to continuing garnishment for family support; (16) Code Section 19-6-15, relating to child support in final verdict or decree; (17) Code Section 19-6-31, relating to definitions relative to income deduction orders; (18) Code Section 19-6-33.1, relating to the family support registry; (19) Code Section 19-6-51, relating to members of the Georgia Child Support Commission; (20) Code Section 19-7-5, relating to reporting of child abuse; (21) Code Section 19-7-6, relating to reporting of juvenile drug use; (22) Code Section 19-7-22, relating to petitions for legitimation of child; (23) Code Section 19-7-40, relating to jurisdiction and administrative determination of paternity; (24) Code Section 19-7-43, relating to petitions to establish paternity of a child; (25) Code Section 19-7-52, relating to whom support payments may be made; (26) Code Section 19-7-54, relating to motions to set aside determination of paternity; (27) Code Section 19-8-1, relating to definitions relative to adoption; (28) Code Section 19-8-5, relating to surrender or termination of parental or guardian's rights where child to be adopted by a third party; (29) Code Section 19-8-23, relating to where records of adoption are kept; (30) Code Section 19-8-26, relating to how surrender of parental rights is executed; (31) Code Section 19-9-122, relating to delegation of authority for the care of a minor child; (32) Code Section 19-9-129, relating to the power of attorney form for the care of a minor child;

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(33) Code Section 19-10A-5, relating to investigating and reporting utilization of provisions under the "Safe Place for Newborns Act of 2002"; (34) Code Section 19-10A-6, relating to reimbursement of medical costs under the "Safe Place for Newborns Act of 2002"; (35) Code Section 19-11-3, relating to definitions relative to the "Child Support Recovery Act"; (36) Code Section 19-11-9.1, relating to duty to furnish information about obligor to the Department of Human Resources; (37) Code Section 19-11-9.2, relating to duty of employers to report hiring or rehiring of persons; (38) Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order; (39) Code Section 19-11-18, relating to collection procedures for child support payments in arrears; (40) Code Section 19-11-30.1, relating to the computer based registry for financial institutions with regard to the "Child Support Recovery Act"; (41) Code Section 19-11-30.2, relating to definitions relative to the computer based registry for financial institutions with regard to the "Child Support Recovery Act"; (42) Code Section 19-11-30.3, relating to the responsibility of the Department of Human Resources Bank Match Registry; (43) Code Section 19-11-58, relating to the Department of Human Resources designated as the state information agency under the "Uniform Reciprocal Enforcement of Support Act"; (44) Code Section 19-11-102, relating to designated tribunals under the "Uniform Interstate Family Support Act"; (45) Code Section 19-11-110, relating to jurisdiction under the "Uniform Interstate Family Support Act"; (46) Code Section 19-11-127, relating to authority of district attorney to represent the Department of Human Resources in a proceeding under the "Uniform Interstate Family Support Act"; (47) Code Section 19-11-129, relating to the Department of Human Resources as the state information agency under the "Uniform Interstate Family Support Act"; (48) Code Section 19-13-20, relating to definitions relative to family violence shelters; (49) Code Section 19-15-2, relating to child abuse protocol committees; (50) Code Section 19-15-3, relating to county multiagency child fatality review committees; (51) Code Section 20-1A-60, relating to definitions relative to the Georgia Child Care Council; (52) Code Section 20-2-133, relating to free public instruction for children in elementary and secondary education; (53) Code Section 20-2-250, relating to projects to improve effectiveness in elementary and secondary education;

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(54) Code Section 20-2-696, relating to duties of visiting teachers and attendance officers; (55) Code Section 20-3-660, relating to creation of a program of postsecondary grants for foster children and adopted children; (56) Code Section 29-4-2, relating to qualifications of guardians selected for adults; (57) Code Section 29-4-3, relating to order of preference in selection of guardians; (58) Code Section 29-9-10, relating to oath by a duly appointed delegate of the Department of Human Resources; (59) Code Section 29-10-3, relating to qualifications and requirements of public guardians; (60) Code Section 29-10-4, relating to registration of public guardians with the probate court; (61) Code Section 29-10-10, relating to compensation of public guardians; (62) Code Section 29-10-11, relating to appropriation of funds for compensation of public guardians in certain circumstances; (63) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (64) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind; (65) Code Section 30-5-3, relating to definitions relative to the "Disabled Adults and Elder Persons Protection Act"' (66) Code Section 30-5-10, relating to cooperative effort in development of programs relating to the abuse and exploitation of persons 65 years of age or older; (67) Code Section 31-7-282, relating to collection and submission of health care data; (68) Code Section 31-8-52, relating to the establishment of a long-term care ombudsman program; (69) Code Section 31-8-116, relating to involuntary transfer of residents discharged from a long-term care facility; (70) Code Section 31-10-9.1, relating to social security account information of parents with respect to vital records; (71) Code Section 34-8-199, relating to uncollected overissuance of food stamp coupons; (72) Code Section 39-4-1, relating to the definition of "appropriate public authority" with respect to the Interstate Compact on the Placement of Children; (73) Code Section 39-4-2, relating to the definition of "appropriate authority in the receiving state" with respect to the Interstate Compact on the Placement of Children; (74) Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees; (75) Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order; (76) Code Section 42-1-12, relating to the state sexual offender registry; (77) Code Section 42-9-58, relating to effect of state pardons and paroles laws on other laws respecting parole and probation;

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(78) Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses by a professional licensing board; (79) Code Section 45-9-4, relating to the commissioner of administrative services to purchase insurance or indemnity contracts; (80) Code Section 45-13-22, relating to distribution of Georgia Laws and journals of the House of Representatives and Senate; (81) Code Section 46-4-152, relating to definitions relative to the "Natural Gas Competition and Deregulation Act"; (82) Code Section 46-4-158.3, relating to adequate and accurate consumer information disclosure statements; (83) Code Section 48-7-29.15, relating to a tax credit for the adoption of a foster child; (84) Code Section 49-3-1, relating to establishment of county and district departments, boards, and directors; (85) Code Section 49-3-3, relating to appointment of county director; bond of county director; (86) Code Section 49-3-4, relating to appointment of staff, salaries, and power of the commissioner of human resources to transfer employees; (87) Code Section 49-3-6, relating to functions of county departments of family and children services; (88) Code Section 49-4-2, relating to definitions relative to public assistance; (89) Code Section 49-4-3, relating to establishment of categories of public assistance; (90) Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in determining eligibility for public assistance; (91) Code Section 49-4-8, relating to applications for public assistance; (92) Code Section 49-4-9, relating to investigation and record concerning application for public assistance; (93) Code Section 49-4-14, relating to regulations as to records relating to public assistance; (94) Code Section 49-4-36, relating to payment of assistance for needy individuals who are 65 years of age or older after recipient moves to another county; (95) Code Section 49-4-54, relating to duties of county departments under the "Aid to the Blind Act"; (96) Code Section 49-4-56, relating to reexamination of recipient's eyesight under the "Aid to the Blind Act"; (97) Code Section 49-4-60, relating to payment of assistance for needy blind individuals after recipient moves to another county; (98) Code Section 49-4-85, relating to payment of assistance for needy individuals who are totally and permanently disabled after recipient moves to another county; (99) Code Section 49-4-162, relating to the establishment of the Georgia Qualified Long-term Care Partnership Program; (100) Code Section 49-4-171, relating to a hearing on the petition for a personal representative to manage assistance payments;

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(101) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families; (102) Code Section 49-4-183, relating to administration of the temporary assistance for needy families program by the Department of Human Resources; (103) Code Section 49-4-190, relating to construction of the laws relating to the temporary assistance for needy families program; (104) Code Section 49-5-4, relating to the coordination of other state departments, agencies, officers, and employees for children and youth services; (105) Code Section 49-5-7, relating to development and administration of public child welfare and youth services; (106) Code Section 49-5-8, relating to powers and duties of the Department of Human Resources with respect to programs and protection for children and youth; (107) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; (108) Code Section 49-5-41, relating to persons and agencies permitted access to child abuse and deprivation records; (109) Code Section 49-5-41.1, relating to inspection and retention of records of juvenile drug use; (110) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (111) Code Section 49-5-130, relating to legislative findings and intent relative to the Governor's Office for Children and Families; (112) Code Section 49-5-154, relating to study of youth needs for delinquency prevention and community based services; (113) Code Section 49-5-180, relating to definitions relative to a central child abuse registry; (114) Code Section 49-5-281, relating to the bill of rights for foster parents; (115) Code Section 49-6-20, relating to the creation of the Council on Aging; (116) Code Section 49-6-61, relating to definitions relative to community care and services for the elderly; (117) Code Section 49-6-72, relating to definitions relative to the "Georgia Family Caregiver Support Act"; (118) Code Section 50-5-136, relating to the powers and authority of the State Use Council; and (119) Code Section 50-27-55, relating to setoff of debt collection against lottery prizes applicable to prizes of $5,000.00 or more.
SECTION 2-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Board of Human Resources" wherever it occurs with "Board of Human Services":

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(1) Code Section 9-10-152, relating to grounds for continuance in any case pending in the courts of this state for attendance by a board member at meeting of Board of Human Resources; (2) Code Section 17-8-30, relating to grounds for granting of continuances in any case pending in the courts of this state for party or party's counsel in attendance as a board member at meeting of Board of Human Resources; (3) Code Section 19-11-5, relating to debt to state created by payment of public assistance under the "Child Support Recovery Act"; (4) Code Section 30-5-6, relating to cooperation of other public agencies with the director of the Division of Aging Services of the Department of Human Resources under the "Disabled Adults and Elder Persons Protection Act"; (5) Code Section 45-10-40, relating to prohibitions on contracting with state institutions; (6) Code Section 45-10-41, relating to penalty for profiting from contracts with state institutions generally; (7) Code Section 49-3-6, relating to functions of county departments of family and children services; (8) Code Section 49-4-11, relating to award and payment of public assistance to needy persons; (9) Code Section 49-4-12, relating to periodic redetermination of public assistance awards; (10) Code Section 49-4-54, relating to duties of county departments under the "Aid to the Blind Act"; (11) Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families; (12) Code Section 49-4-183, relating to administration of the temporary assistance for needy families program by the Department of Human Resources; (13) Code Section 49-5-12, relating to licensing and inspection of child welfare agencies; and (14) Code Section 49-6-62, relating to the establishment of community care unit in the Division of Aging Services of the Department of Human Resources.
SECTION 2-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of human services":
(1) Code Section 19-8-16, relating to investigation by child-placing agency or other agent with respect to adoption; (2) Code Section 19-8-23, relating to where records of adoption are kept; (3) Code Section 19-11-9, relating to location of absent parents by the Department of Human Resources with respect to the "Child Support Recovery Act"; (4) Code Section 19-11-11, relating to issuance of subpoenas by the Department of Human Resources with respect to the "Child Support Recovery Act";

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(5) Code Section 19-11-18, relating to collection procedures with respect to the "Child Support Recovery Act"; (6) Code Section 19-11-30.6, relating to reciprocal agreements with other states with respect to the "Child Support Recovery Act"; (7) Code Section 19-11-30.7, relating to construction of the "Child Support Recovery Act"; (8) Code Section 19-11-30.8, relating to annual reports with respect to the "Child Support Recovery Act"; (9) Code Section 19-11-30.9, relating to information subject to disclosure with respect to the "Child Support Recovery Act"; (10) Code Section 19-11-30.11, relating to fee on levied accounts with respect to the "Child Support Recovery Act"; (11) Code Section 20-1A-61, relating to the members of the Child Care Council; (12) Code Section 28-5-60, relating to creation of the Claims Advisory Board; (13) Code Section 30-1-5, relating to the definition of a "hearing impaired person"; (14) Code Section 30-2-7, relating to compensation of workers in the Georgia Industries for the Blind; (15) Code Section 31-8-53, relating to duties of the state long-term care ombudsman; (16) Code Section 45-7-7, relating to compensation and allowances of certain public officials not to be changed without giving public notice; (17) Code Section 45-9-4, relating to commissioner of administrative services to purchase insurance or indemnity contracts insuring or indemnifying state officers, officials, or employees against personal liability; (18) Code Section 49-3-3, relating to appointment of the director of each county board of family and children services; (19) Code Section 49-3-4, relating to appointment of the staff of each county board of family and children services; (20) Code Section 49-4-15.1, relating to examination of financial records in instances of alleged fraud by recipients of food stamps and public assistance; (21) Code Section 49-4A-3, relating to the creation of the Department of Juvenile Justice; (22) Code Section 49-5-90, relating to definitions relative to emergency protection of children in certain institutions; (23) Code Section 49-8-3, relating to definitions relative to "The Economic Rehabilitation Act of 1975"; (24) Code Section 50-5-69, relating to state purchases without competitive bidding; and (25) Code Section 50-5-135, relating to the creation of the State Use Council.
SECTION 2-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Office of Aging" or "Office of Aging Section" wherever it occurs with "Division of Aging Services":

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(1) Code Section 10-1-855, relating to referral procedures to provide intervention and assistance for elder or disabled persons; (2) Code Section 49-6-5, relating to the creation of the Office of Aging Section within the Department of Human Resources; and (3) Code Section 49-6-20, relating to the creation of the Council on Aging.
SECTION 2-6. Code Section 10-1-395 of the Official Code of Georgia Annotated, relating to the appointment and duties of the administrator and the creation of the Consumer Advisory Board, is amended by revising subsection (a) as follows:
"(a) The administrator shall be appointed by the Governor and shall serve at his pleasure. The office of the administrator shall be attached to the office of the Governor for administrative purposes only. The administrator shall perform all functions formerly performed by the Consumer Services Unit of the Division of Special Programs of the Department of Human Resources (now known as the Department of Human Services)."
SECTION 2-7. Code Section 15-11-63 of the Official Code of Georgia Annotated, relating to commitment of child 13 to 17 years of age to custody of Department of Corrections, is amended by revising paragraph (2) of subsection (e) as follows:
"(2) During the placement or any extension thereof: (A) After the expiration of the period provided in subparagraph (C) of paragraph (1) of this subsection, the child shall not be released from intensive supervision without the written approval of the commissioner of juvenile justice or such commissioner's designated deputy; (B) While in a youth development center, the child may be permitted to participate in all youth development center services and programs and shall be eligible to receive special medical and treatment services, regardless of the time of confinement in the youth development center. After the first six months of confinement in a youth development center, a child may be eligible to participate in youth development center sponsored programs including community work programs and sheltered workshops under the general supervision of a youth development center staff outside of the youth development center; and, in cooperation and coordination with the Department of Human Resources Services, the child may be allowed to participate in state sponsored programs for evaluation and services under the Division of Rehabilitation Services of the Department of Labor and the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health and Developmental Disabilities; (C) The child shall not be discharged from the custody of the Department of Juvenile Justice unless a motion therefor is granted by the court, which motion shall not be made prior to the expiration of one year of custody; and

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(D) Unless otherwise specified in the order, the Department of Juvenile Justice shall report in writing to the court not less than once every six months during the placement on the status, adjustment, and progress of the child; and"
SECTION 2-8. Code Section 19-15-1 of the Official Code of Georgia Annotated, relating to definitions relative to child abuse, is amended by revising paragraph (4) as follows:
"(4) 'Child protection professional' means any person who is employed by the state or a political subdivision of the state as a law enforcement officer, school teacher, school administrator, or school counselor or who is employed to render services to children by the Department of Community Health, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Resources Services or any county board of health, community service board, or county department of family and children services."
SECTION 2-9. Code Section 20-1A-3 of the Official Code of Georgia Annotated, relating to the commissioner and board of the Department of Early Care and Learning, is amended by revising subsection (d) as follows:
"(d) The board shall determine policies and promulgate rules and regulations for the operation of the department including:
(1) Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; (2) Functions transferred to the department from the Department of Human Resources (now known as the Department of Human Services) relating to day-care centers, group day-care homes, family day-care homes, and other functions as agreed upon by the department and the Department of Human Resources (now known as the Department of Human Services) in accordance with Code Section 20-1A-8; (3) Functions transferred to the department from the Georgia Child Care Council pursuant to Code Section 20-1A-63; and (4) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17."
SECTION 2-10. Code Section 20-1A-4 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Early Care and Learning, is amended by revising paragraph (8) as follows:
"(8) To perform any other functions as agreed upon between the department and the Department of Human Resources (now known as the Department of Human Services), pursuant to Code Section 20-1A-8;"

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SECTION 2-11. Code Section 20-1A-8 of the Official Code of Georgia Annotated, relating to the transfer of functions, powers, personnel, equipment, and assets from Department of Human Resources to the Department of Early Care and Learning, is amended by revising subsections (a) and (b) as follows:
"(a) Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources (now known as the Department of Human Services) for the regulation and licensure of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (b) Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 20-1A-63, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Georgia Child Care Council or the Department of Human Resources, (now known as the Department of Human Services) which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004."
SECTION 2-12. Code Section 20-1A-9 of the Official Code of Georgia Annotated, relating to the authority to license and regulate day-care centers, group day-care homes, and family daycare homes transferred to the Department of Early Care and Learning, is amended as follows:
"20-1A-9. The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers, group day-care homes, and family day-care homes, including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources (now known as the Department of Human Services), the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30,

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2004, and which relate to the functions transferred to the department pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board."
SECTION 2-13. Code Section 24-9-101, of the Official Code of Georgia Annotated, relating to definitions relative to use of sign language and intermediary interpreter in administrative and judicial proceedings, is amended by revising paragraph (2) as follows:
"(2) 'Department' means the Department of Human Resources Labor."
SECTION 2-14. Code Section 30-5-7 of the Official Code of Georgia Annotated, relating to confidentiality of public records for the protection of disabled adults and elder persons, is amended as follows:
"30-5-7. All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. Nothing in this Code section shall be construed to deny state agencies participating in joint investigations at the request of and with the department or to deny law enforcement personnel who are conducting an investigation into any criminal offense in which an elder person is a victim from having access to such records.
SECTION 2-15. Chapter 4 of Title 31 of the Official Code of Georgia Annotated, relating to the Council on Maternal and Infant Health, is repealed in its entirety and reserved.
SECTION 2-16. Code Section 31-8-51 of the Official Code of Georgia Annotated, relating to definitions relative to the long-term care ombudsman, is amended by adding a new paragraph to read as follows:
"(1.1) 'Department' means the Department of Human Services."
SECTION 2-17. Code Section 34-15-2 of the Official Code of Georgia Annotated, relating to the July 2001 transfer of the Division of Rehabilitation Services to the Department of Labor, is amended by revising subsection (a) as follows:
"(a) The Division of Rehabilitation Services within the Department of Human Resources (now known as the Department of Human Services), including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, is

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transferred to the Department of Labor on July 1, 2001, and that division shall become the Division of Rehabilitation Services of the Department of Labor on July 1, 2001. The functions, duties, programs, institutions, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2001, are vested in the Department of Labor effective July 1, 2001. The division shall be administered by a director appointed by the Commissioner. The policy-making functions which were vested in the Board of Human Resources (now known as the Board of Human Services) or the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner of Labor effective July 1, 2001."
SECTION 2-18. Code Section 40-2-86.21 of the Official Code of Georgia Annotated, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations, is amended by revising paragraphs (14) and (33) of subsection (o) as follows:
"(14) A special license plate for the Thanks Mom and Dad Fund. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources Services to address the key needs of the state's older population or a nonprofit corporation organized to serve the needs of the state's older population." "(33) A special license plate supporting programs for the treatment of autism. The funds raised by the sale of this special license plate shall be disbursed to the Department of Human Resources Behavioral Health and Developmental Disabilities for the support of programs for the treatment of autism in Georgia."
SECTION 2-19. Code Section 45-20-90 of the Official Code of Georgia Annotated, relating to definitions relative to random drug testing of public employees in high-risk jobs, is amended by revising paragraph (2) as follows:
"(2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commissioner of human resources State Personnel Board."
SECTION 2-20. Code Section 46-1-5 of the Official Code of Georgia Annotated, relating to duties of the Department of Human Resources with regard to assistance to low or fixed income consumers of gas and electric service, is amended as follows:
"46-1-5. By March 2, 1982, the Department of Human Resources (now known as the Department of Human Services) shall develop a program to identify those low or fixed income consumers of gas and electric utility service who, in the department's opinion,

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should benefit from public assistance in paying their bills for gas and electric service. The department shall also establish an efficient and economical method for distributing to such consumers all public assistance funds which will be made available, whether by appropriations of state or federal funds, grants, or otherwise. All gas and electric utilities shall cooperate fully with the department in developing and implementing its program. Nothing in this Code section shall limit the commission's authority to order regulatory alternatives which assist low or fixed income ratepayers."
SECTION 2-21. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relative to setoff debt collection, is amended as follows:
"48-7-161. As used in this article, the term:
(1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Resources Services and the Department of Behavioral Health and Developmental Disabilities with respect to collection of debts under Chapter 9 of Title 37, Article 1 of Chapter 11 of Title 19, and Code Section 49-4-15, and Chapter 9 of Title 37; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The State Medical Education Board with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (F) The Department of Corrections with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a crime who is in the legal custody of the department; (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult.
(2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, any sum which is due and owing any person and is enforceable by the Department of Human Resources Services

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pursuant to subsection (b) of Code Section 19-11-8, or any sum of restitution or reparation due pursuant to a sentence imposed on a person convicted of a crime and sentenced to restitution or reparation and probation. (3) 'Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy. (4) 'Refund' means the Georgia income tax refund which the department determines to be due any individual taxpayer."
SECTION 2-22. Code Section 49-4A-5 of the Official Code of Georgia Annotated, relating to transfer of functions and employees of the Division of Youth Services, is amended by revising subsection (b) as follows:
"(b) Any employees of the Department of Juvenile Justice who became so employed by virtue of their transfer from the Division of Youth Services of the Department of Human Resources (now known as the Department of Human Services) on June 30, 1992, shall retain their compensation and benefits and such may not be reduced. Transferred employees who were subject to the State Merit System of Personnel Administration 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 July 1, 1992, 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, 1992. Accrued annual and sick leave possessed by said employees on June 30, 1992, shall be retained by said employees as employees of the department."
SECTION 2-23. Code Section 49-5-60 of the Official Code of Georgia Annotated, relating to definitions relative to employees' record checks for day-care centers, is amended by revising paragraph (1) as follows:
"(1) 'Center' means a child-caring institution or child-placing agency child welfare agency, as defined in subsection (a) of Code Section 49-5-12, which is required to be licensed or registered under Article 1 of this chapter."
SECTION 2-24. Code Section 49-5-69.1 of the Official Code of Georgia Annotated, relating to fingerprint and preliminary records check for foster homes, is amended as follows:
"49-5-69.1. (a) No licensed child-placing agency child welfare agency, as defined in this chapter subsection (a) of Code Section 49-5-12, shall place a child in a foster care home unless the foster parent or parents of the home and other adult persons that reside in the home or provide care to children placed in the home have received a satisfactory preliminary

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records check determination. Additionally, no child shall continue to be placed in such foster care home unless the foster parent or parents also subsequently receive a satisfactory fingerprint records check determination. A child-placing agency child welfare agency or any applicant for a license for such an agency shall be required to submit to the department a preliminary records check application and a records check application for the foster parent or parents of any foster care home used by the agency and a preliminary records check application for any other adult persons that reside in the home or provide care to children placed in the home. In lieu of such applications, the agency or license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months such foster parent or parents or other adult persons have received a satisfactory fingerprint records check determination or a satisfactory preliminary records check determination. (b) After receiving or obtaining the fingerprint records check determinations or the preliminary records check determinations, the department shall notify in writing the agency or license applicant as to each person for whom an application was received regarding whether the department's determinations were satisfactory or unsatisfactory. If any such determinations are unsatisfactory, such homes shall not be used by the child-placing agency child welfare agency as foster care homes. (c) The department shall have the authority to take any of the actions enumerated in subsection (c) of Code Section 31-2-6 49-2-17 if a licensed child-placing agency child welfare agency or an applicant for such a license violates any provision of this Code section. (d) An executive director of a child-placing agency child welfare agency that uses a foster care home with a foster parent or parents or other adult persons referenced in this Code section whom the executive director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor. (e) In addition to any other requirement established by law, the submission of fingerprints shall be a prerequisite to the issuance of a license or authorization for the operation of a foster home or to serve as foster parents as provided in this article. Such fingerprints shall be used for the purposes of fingerprint checks by the Georgia Crime Information Center and the Federal Bureau of Investigation."
SECTION 2-25. Code Section 49-6-60 of the Official Code of Georgia Annotated, relating to legislative intent for community care and services for the elderly, is amended as follows:
"49-6-60. The purpose of this article is to assist functionally impaired elderly persons in living dignified and reasonably independent lives in their own homes or in the homes of relatives or caregivers through the development, expansion, reorganization, and coordination of various community-based community based services. In recognition of the desire of older Georgians to reside at home or with their families as long as possible, the General Assembly intends that a continuum of care be established so that functionally impaired elderly persons age 60 and older may be assured the least

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restrictive environment suitable to their needs. The General Assembly further intends to maximize the utilization of existing community social and health services in order to prevent unnecessary placement of individuals in long-term care facilities. The development of innovative approaches to program management, staff training, and service delivery that impact on cost avoidance, cost effectiveness, and program efficiency shall be encouraged. It is further the intent of the General Assembly that the Department of Human Resources (now known as the Department of Human Services) shall serve as the agency responsible for planning and implementing the provision of community-based community based services to the elderly reimbursable under the 'Georgia Medical Assistance Act of 1977.'"
SECTION 2-26. Code Section 49-8-4 of the Official Code of Georgia Annotated, relating to administration of "The Economic Rehabilitation Act of 1975," is amended by revising subsection (a) as follows:
"(a) For purposes of administration, responsibility for the coordination of community services and fiscal accountability shall be determined by the commissioner of human resources services.
SECTION 2-27. Code Section 50-5-136 of the Official Code of Georgia Annotated, relating to the powers and authority of the State Use Council, is amended by revising paragraph (4) of subsection (b) as follows:
"(4) To oversee and assist in the development of guidelines for the certification of community based rehabilitation programs and training centers in the State of Georgia. The intent of these guidelines shall be to evaluate the qualifications and capabilities of community based rehabilitation programs and training centers interested in certification; to determine criteria for quality, efficiency, timeliness, and cost effectiveness in the production of goods, wares, merchandise, and services to be procured under the state use plan and purchased by the State of Georgia; and to establish a certification process which shall enable community based rehabilitation programs and training centers qualified under this process to compete in procurement activities provided for by this part. All community based rehabilitation programs and training centers which are certified by the commissioner of human resources (now known as the commissioner of human services for these purposes) as of February 8, 1994, shall not have to undergo the certification evaluation and approval process until 24 months from February 8, 1994;"
PART III Department of Behavioral Health and Developmental Disabilities.
SECTION 3-1.

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Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Chapter 1 and Article 1 of Chapter 2, relating to general provisions and administration of mental health, developmental disabilities, addictive diseases, and other disability services, respectively, as follows:
"CHAPTER 1 ARTICLE 1
37-1-1. As used in this title, the term:
(1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse a chronic, often relapsing, brain disease that causes compulsive alcohol or drug seeking and use despite harmful consequences to the individual who is addicted and to those around him or her. (2) 'Board' means the Board of Human Resources Behavioral Health and Developmental Disabilities;. (3) 'Commissioner' means the commissioner of human resources behavioral health and developmental disabilities. (4) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (5) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2. (6) 'County board of health' means a county board of health established in accordance with Chapter 3 of Title 31 and includes its duly authorized agents. (7) 'Department' means the Department of Human Resources Behavioral Health and Developmental Disabilities and includes its duly authorized agents and designees. (8) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (8) 'Developmental disability' means a severe, chronic disability of an individual that:
(A) Is attributable to a significant intellectual disability, or any combination of a significant intellectual disability and physical impairments; (B) Is manifested before the individual attains age 22; (C) Is likely to continue indefinitely; (D) Results in substantial functional limitations in three or more of the following areas of major life activities:
(i) Self-care; (ii) Receptive and expressive language; (ii) Learning; (iv) Mobility; (v) Self-direction; and (vi) Capacity for independent living; and (E) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of

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assistance which are of lifelong or extended duration and are individually planned and coordinated. (9) 'Disability' means: (A) Mental or emotional illness; (B) Developmental disability; or (C) Addictive disease. (10) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (11) 'Disabled' means any person or persons having a disability. (12) 'Mentally ill' means having a mental illness. (13) 'Mental illness' means a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. (9)(14) 'Peace officer' means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff. (10)(15) 'Penal offense' means a violation of a law of the United States, this state, or a political subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution. (11)(16) 'Physician' means any person duly authorized to practice medicine in this state under Chapter 34 of Title 43. (12)(17) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (3) of Code Section 4339-1. (13)(18) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (14)(19) 'Regional coordinator' means an employee of the department who acts as the department's agent and designee to manage community and hospital services for consumers of disability services within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15)(20) 'Regional office' means a Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources an office created pursuant to Code Section 37-2-4.1. Such office shall be an office of the department and serve as the entity for the administration of disability services in a region. (16)(21) 'Regional planning board' means a mental health, developmental disabilities, and addictive diseases planning board established in accordance with Code Section 37-2-4.1. (17)(22) 'Regional services administrator' means an employee of the department who, under the supervision of the regional coordinator, manages the purchase or authorization of services, or both, for consumers of disability services, the assessment and coordination of services, and ongoing monitoring and evaluation of services

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provided within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (18)(23) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (19)(24) 'Resident' means a person who is a legal resident of the State of Georgia. (25) 'State mental health facility' means, for purposes of this title and Title 31, a hospital, inpatient unit, or other institution operated by or under contract with the department for its operation, including the replacement or reorganization of the facility.
37-1-2. (a) The General Assembly finds that the state has a need to continually improve its system for providing effective, efficient, and quality mental health, developmental disability, and addictive disease services. The General Assembly also finds that the needs of the publicly funded mental health, developmental disability, and addictive disease system and the state can best be met through reorganizing the regional mental health, mental retardation, and substance abuse boards and certain functions of the Department of Human Resources. Further, the General Assembly finds that a comprehensive range of quality services and opportunities is vitally important to the existence and well-being of individuals with mental health, developmental disability, or addictive disease needs and their families. The General Assembly further finds that the state has an obligation and a responsibility to develop and implement planning and service delivery systems which focus on a core set of consumer oriented, community based values and principles which include, but are not limited to, the following:
(1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services; (2) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration; (3) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need; (4) Public programs are the foundation of the service planning and delivery system and they should be valued and nurtured; at the same time, while assuring comparable standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness;

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(5) Planning should reside begin at the local level, with the primary authority vested in and include local government, consumers, families, advocates, and other interested local parties; (6) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be emphasized for those disabilities which are known to be preventable; (7) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction; (8) The functions of service planning, coordination, contracting, resource allocation, and consumer assessment should be separated from the actual treatment, habilitation, and prevention services provided by contractors; (9) Consumers and families should have a single, community based point of entry into the system; (10) Consumers, staff, providers, and regional planning board and community service board members should receive ongoing training and education and should have access to key management resources such as information systems and technical and professional support services; and (11) The department is responsible for ensuring the appropriate use of state, federal, and other funds to provide quality services for individuals with mental health, developmental disabilities, or addictive disease needs who are served by the public system and to protect consumers of these services from abuse and maltreatment. (b) Local governments, specifically county governing authorities, have provided outstanding leadership and support for mental health, developmental disability, and addictive disease programs, and the General Assembly finds that their investments, both personal and capital, should be valued and utilized in any improved system. As such, the state and any new governing structure should take special precautions to ensure that the county governing authorities have an expanded level of input into decision making and resource allocation and that any services or programs should continue to use and expand their use of county facilities and resources wherever appropriate and possible. (c) The purpose of this chapter and Chapter 2 of this title is to provide for a comprehensive and improved mental health, developmental disability, and addictive disease services planning and delivery system in this state which will develop and promote the essential public interests of the state and its citizens. The provisions of this chapter and Chapter 2 of this title shall be liberally construed to achieve their purposes.
37-1-3. (a) There is created the Board of Behavioral Health and Developmental Disabilities which shall establish the general policy to be followed by the Department of Behavioral Health and Developmental Disabilities. The powers, functions, and duties of the Board of Human Resources as they existed on June 30, 2009, with regard to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to

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the Board of Behavioral Health and Developmental Disabilities effective July 1, 2009. The board shall consist of nine members appointed by the Governor and confirmed by the Senate. (b) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; and three members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) Members of the board may be removed from office under the same conditions for removal from office of members of professional licensing boards provided in Code Section 43-1-17. (e) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (f) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards.
37-1-4. (a) There is created a Department of Behavioral Health and Developmental Disabilities. The powers, functions, and duties of the Department of Human Resources as they existed on June 30, 2009, relating to the Division of Mental Health, Developmental Disabilities, and Addictive Diseases are transferred to the Department of Behavioral Health and Developmental Disabilities effective July 1, 2009. (b) There is created the position of commissioner of behavioral health and developmental disabilities. The commissioner shall be the chief administrative officer of the department and be both appointed and removed by the board, subject to the approval of the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department. (c) There shall be created in the department such divisions as may be found necessary for its effective operation. The commissioner shall have the power to allocate and reallocate functions among the divisions within the department.
37-1-5. (a) The Department of Behavioral Health and Developmental Disabilities 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 Behavioral Health and Developmental Disabilities pursuant to Code

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Section 37-1-4 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 Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the Department of Behavioral Health and Developmental Disabilities by proper authority or as otherwise provided by law. (b) 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 Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4 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 Behavioral Health and Developmental Disabilities. In all such instances, the Department of Behavioral Health and Developmental Disabilities shall be substituted for the Department of Human Resources, and the Department of Behavioral Health and Developmental Disabilities shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the Department of Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4 on June 30, 2009, shall, on July 1, 2009, become employees of the Department of Behavioral Health and Developmental Disabilities in similar capacities, as determined by the commissioner of behavioral health and developmental disabilities. Such employees shall be subject to the employment practices and policies of the Department of Behavioral Health and Developmental Disabilities 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 Behavioral Health and Developmental Disabilities. (d) On July 1, 2009, the Department of Behavioral Health and Developmental Disabilities shall receive custody of the state owned real property in the custody of the Department of Human Resources on June 30, 2009, and which pertains to the functions transferred to the Department of Behavioral Health and Developmental Disabilities pursuant to Code Section 37-1-4.

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ARTICLE 2
37-1-20. (a) The Division of Mental Health, Developmental Disabilities, and Addictive Diseases shall be a division of the department and shall be managed by a director whose qualifications meet standards set by the board. (b) The department, through the division, shall:
(1) Establish, administer, and supervise the state programs for mental health, developmental disabilities, and addictive diseases; (2) Direct, supervise, and control the medical and physical care, and treatment, and rehabilitation; recovery; and social, employment, housing, and community supports and services based on single or co-occurring diagnoses provided by the institutions, contractors, and programs under its control, management, or supervision; (3) Plan for and implement the coordination of mental health, developmental disability, and addictive disease services with physical health services, and the prevention of any of these diseases or conditions, and develop and promulgate rules and regulations to require that all health services be coordinated and that the public and private providers of any of these services that receive state support notify other providers of services to the same patients of the conditions, treatment, and medication regimens each provider is prescribing and delivering; (4) Ensure that providers of mental health, developmental disability, or addictive disease services coordinate with providers of primary and specialty health care so that treatment of conditions of the brain and the body can be integrated to promote recovery, health, and well-being; (3)(5) Have authority to contract for services with community service boards, private agencies, and other public entities for the provision of services within a service area so as to provide an adequate array of services, and choice of providers for consumers, and to comply with the applicable federal laws, rules, and regulations related to public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; county or municipal governments; any person, partnership, corporation, or association, whether public or private; and the United States government or the government of any other state; (4)(6) Establish and support programs for the training of professional and technical personnel as well as regional planning boards and community service boards; (5)(7) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health and addictive disease recovery; (6)(8) Assign specific responsibility to one or more units of the division department for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability;

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(7)(9) Establish a system for regional administration of mental health, developmental disability, and addictive disease services in institutions and in the community under the supervision of a regional coordinator; (8)(10) Make and administer budget allocations to regional offices of the division established by the board pursuant to Code Section 37-2-4.1 to fund the operation of mental health, developmental disabilities, and addictive diseases facilities and programs; (9)(11) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems; (10)(12) Establish, operate, supervise, and staff programs and facilities for the treatment of disabilities throughout this state; (11)(13) Disseminate information about available services and the facilities through which such services may be obtained; (12)(14) Supervise the regional office's exercise of its responsibility and authority concerning funding and delivery of disability services; (13)(15) Supervise the regional offices concerning the receipt and administration of grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disabilities, and addictive diseases; (14)(16) Supervise the regional offices concerning making administration of contracts with any hospital, community service board, or any public or private providers without regard to regional or state boundaries for the provision of disability services and in making and entering into all contracts necessary or incidental to the performance of the duties and functions of the division department and the regional offices; (15)(17) Regulate the delivery of care, including behavioral interventions and medication administration by licensed staff, or certified staff as determined by the division department, within residential settings serving only persons who are receiving services authorized or financed, in whole or in part, by the division; department; (16)(18) Classify 'community living arrangements' and 'host homes' host homes for persons whose services are financially supported, in whole or in part, by funds authorized through the department Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. As used in this Code section, the term:
(A) 'Community living arrangement' means any residence, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food, one or more personal services, supports, care, or treatment exclusively for two or more persons who are not related to the owner or administrator of the residence by blood or marriage. (B) 'Host 'host home' means a private residence in a residential area in which the occupant owner or lessee provides housing and provides or arranges for the provision of food, one or more personal services, supports, care, or treatment

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exclusively for one or two persons who are not related to the occupant owner or lessee by blood or marriage. A host home shall be occupied by the owner or lessee, who shall not be an employee of the same community provider which provides the host home services by contract with the division department. The division department shall approve and enter into agreements with community providers which, in turn, contract with host homes. The occupant owner or lessee shall not be the guardian of any person served or of their property nor the agent in such person's advance directive for health care. The placement determination for each person placed in a host home shall be made according to such person's choice as well as the individual needs of such person in accordance with the requirements of Code Section 37-3-162, 37-4-122, or 37-7-162, as applicable to such person; and (17)(19) Provide guidelines for and oversight of host homes, which may include, but not be limited to, criteria to become a host home, requirements relating to physical plants and supports, placement procedures, and ongoing oversight requirements.; (c) The department shall: (1)(20) Establish a unit of the department which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division commissioner regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; (21) With respect to housing opportunities for persons with mental illness and cooccurring disorders: (A) Coordinate the department's programs and services with other state agencies and housing providers; (B) Facilitate partnerships with local communities; (C) Educate the public on the need for supportive housing; (D) Collect information on the need for supportive housing and monitor the benefit of such housing; and (E) Identify and determine best practices for the provision of services connected to housing; (2)(22) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title; (3)(23) Assign specific responsibility to one or more units of the division department for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs; and (24) Have the right to designate private institutions as state institutions; to contract with such private institutions for such activities, in carrying out this title, as the department may deem necessary from time to time; and to exercise such supervision and cooperation in the operation of such designated private institutions as the department may deem necessary. (4) Classify and license community living arrangements, as defined in paragraph (16) of subsection (b) of this Code section, in accordance with the rules and regulations

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promulgated by the department for the licensing of community living arrangements and the enforcement of licensing requirements. To be eligible for licensing as a community living arrangement, the residence and services provided must be integrated within the local community. All community living arrangements licensed by the department shall be subject to the provisions of Code Sections 31-2-6 and 317-2.2. No person, business entity, corporation, or association, whether operated for profit or not for profit, may operate a community living arrangement without first obtaining a license or provisional license from the department. A license issued under this article is not assignable or transferable.
37-1-21. (a) The department is designated and empowered as the agency of this state responsible for supervision and administrative control of: state facilities for the treatment of mental illness or the habilitation and treatment of individuals with developmental disabilities; state hospitals for the treatment of tubercular patients; programs for the care, custody, and treatment of addictive disease; and other facilities, institutions, or programs which now or hereafter come under the supervision and administrative control of the department. With respect to all such facilities, institutions, or programs the department shall have the following powers and duties:
(1) To create all necessary offices, appoint and remove all officers of such facilities, institutions, or programs, prescribe and change the duties of such officers from time to time, and fix their salaries as provided for by the pay plan covering positions under the State Merit System of Personnel Administration and in accordance with rules and regulations of the State Personnel Board, except that the commissioner shall not be subject to the State Merit System of Personnel Administration or the rules and regulations of the State Personnel Board. The department shall discharge and cause to be prosecuted any officer or other person who shall assault any patient in any of such facilities or institutions or who shall knowingly use toward any such patient any other or greater force than the occasion may require; (2) To refuse or accept and hold in trust for any such facility, institution, or program any grant or devise of land or bequest or donation of money or other property for the particular use specified or, if no use is specified, for the general use of such facility, institution, or program; (3) To bring suit in its name for any claims which any such facility or institution may have, however arising; (4) To appoint police of such facilities, institutions, or programs who are authorized, while on the grounds or in the buildings of the respective facilities, institutions, or programs to make arrests with the same authority, power, privilege, and duties as the sheriffs of the respective counties in which such facilities, institutions, or programs are situated. If because of the contagious or infectious nature of the disease of persons arrested facilities are not available for their detention, such police shall be authorized to confine such persons within the respective facilities, institutions, or programs pending trial as provided in other cases. After trial and conviction of any

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such person, he or she shall be sentenced to serve his or her term of sentence in the secured ward of the facility, institution, or program; and (5) To have full authority to receive and treat patients ordered admitted to such facilities, institutions, or programs pursuant to any law, to receive any voluntary patients, to discharge such patients pursuant to law, to contract with patients or other persons acting on behalf of patients or legally responsible therefor, and in general to exercise any power or function with respect to patients provided by law. It is the intent of the General Assembly to provide always the highest quality of diagnosis, treatment, custody, and care consistent with medical, therapeutic, and habilitative evidence based practice and knowledge. It is the further intent of the General Assembly that the powers and duties of the department with respect to patients shall be administered by persons properly trained professionally for the exercise of their duties, consistent with the intention expressed in this Code section. (b) The board is empowered to prescribe all rules and regulations for the management of such facilities, institutions, and programs not conflicting with the law.
37-1-22. The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state financial participation in mental health, developmental disabilities, and addictive diseases programs.
37-1-23. The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department and the division are is directed to make the board's and the department's rules available for distribution.
37-1-24. No provision in this title shall require the department or any facility or private facility or any community service board to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function.
37-1-25. The department is authorized to purchase land or lands adjacent to or near lands now under the control of the department where, in the opinion of the department, the land is needed for the benefit of one of the institutions under its control and management, to pay for such land out of any funds which may be available for such purpose, and to take title to land so purchased in the name of the State of Georgia for the use of the department.
37-1-26.

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(a) The department shall sell, to the best advantage, all surplus products of the Central State Hospital or other institutions under the control and supervision of the department and shall apply the proceeds thereof to the maintenance of the institution from which such surplus products are received. Should any surplus funds arise from this source, they shall be paid into the state treasury annually; and the department shall, at the end of each quarter, make a detailed report of all such transactions to the Governor. (b) It is not the intention of this Code section to encourage competition in any way by the state, its institutions, agencies, departments or branches, or other subdivisions with the individual, private farmers of this state, or others, in the production and sale of agricultural or industrial commodities or products in due course of commerce.
37-1-27. (a) The General Assembly makes the following findings:
(1) Every year in Georgia, approximately 850 people die from suicide; (2) More Georgians die from suicide than from homicide; (3) More teenagers and young adults die from suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined; (4) Many who attempt suicide do not seek professional help after the attempt; (5) In Georgia, three out of four suicide deaths involve a firearm; (6) Factors such as aging, drug and alcohol abuse, unemployment, mental illness, isolation, and bullying in school contribute to causes of suicide; and (7) Education is necessary to inform the public about the causes of suicide and the early intervention programs that are available. (b) There is created the Suicide Prevention Program to be managed by the department. (c) The department, in implementing the Suicide Prevention Program, shall: (1) Establish a link between state agencies and offices, including but not limited to the Division of Aging Services and Division of Family and Children Services of the Department of Human Services, the Department of Community Health, local government agencies, health care providers, hospitals, nursing homes, and jails to collect data on suicide deaths and attempted suicides; (2) Work with public officials to improve firearm safety; (3) Improve education for nurses, judges, physician assistants, social workers, psychologists, and other counselors with regard to suicide education and prevention and expand educational resources for professionals working with those persons most at risk of suicide; (4) Provide training and minimal screening tools for clergy, teachers and other educational staff, and correctional workers on how to identify and respond to persons at risk of suicide; (5) Provide educational programs for family members of persons at an elevated risk of suicide; (6) Develop standardized protocols to be used by the department in reviewing suicide death scene investigations;

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(7) Work to increase the number of follow-back studies of suicides; (8) Work to increase the number of hospitals that code for external causes of injury; (9) Implement a state-wide reporting system for reporting suicides; (10) Support pilot projects to link and analyze information on self-destructive behavior from various, distinct data systems; and (11) Perform such other tasks as deemed appropriate to further suicide education and prevention in Georgia. (d) The Suicide Prevention Program shall coordinate with and receive technical assistance from epidemiologists and other staff of the Division of Public Health of the Department of Community Health to support the research and outreach efforts related to this program.
37-1-28. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or a plea of guilty or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. (c) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department and its contractors. Such uniform method shall require the submission to the Georgia Crime Information Center of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. (d) All conviction data received shall be for the exclusive purpose of making employment decisions or decisions concerning individuals in the care of the department and shall be privileged and shall not be released or otherwise disclosed to any other person or agency. Immediately following the employment decisions or upon receipt of the conviction data, all such conviction data collected by the department or its agent shall be maintained by the department or agent pursuant to laws regarding and the rules

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or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (e) The department may promulgate written rules and regulations to implement the provisions of this Code section. (f) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information which it may be provided pursuant to state or federal law which is relevant to any person in the care of the department. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such method shall require the submission to the Georgia Crime Information Center of fingerprints together with any required records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the names alone of such persons to the proper law enforcement agency for a name based check of such person's criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such circumstances, the department shall submit fingerprints of those persons together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. The fingerprints shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center in accordance with Code Section 35-335. Following the submission of such fingerprints, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. (g) The department shall be authorized to conduct a name or descriptor based check of any person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who provides care or is in contact with persons under the care of the department without the consent of such person and without fingerprint comparison to the fullest extent permissible by federal and state law.
ARTICLE 3
37-1-40. All rules and regulations of the Board of Human Resources Behavioral Health and Developmental Disabilities shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

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ARTICLE 4
37-1-50. (a) No license, permit, or certificate or other similar right shall be revoked or suspended without opportunity for a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any such hearing or appeal related thereto shall be conducted in accordance with such Act. (b) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member of the State Bar of Georgia in good standing.
37-1-51. Reserved.
37-1-52. Reserved.
37-1-53. Notwithstanding any other provision of law to the contrary, the department is authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interest of justice. This subsection shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167, 37-4-125, 37-4-126, 37-7166, and 37-7-167.
ARTICLE 5 Part 1
37-1-70. As used in this chapter part, the term:
(1) 'Inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of a 'public mental health law.' (2) 'Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder.

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37-1-71. The commissioner or the commissioner's delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the commissioner's delegate to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title.
37-1-72. (a) Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected. (b) The issuing judge shall issue the warrant when he the judge is satisfied that the following conditions are met:
(1) The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and (2) The issuing judge determines that the issuance of the warrant is authorized by this chapter part.
37-1-73. The inspection warrant shall be validly issued only if it meets the following requirements:
(1) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes either directly or by reference to the affidavit the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers in general terms to the statutory or regulatory provisions sought to be enforced.
37-1-74. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter part shall be competent as evidence in any criminal proceeding against any party.
Part 2

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37-1-90. The Department of Human Resources Behavioral Health and Developmental Disabilities is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs.
Part 3
37-1-100. Any person violating the provisions of this title shall be guilty of a misdemeanor.
CHAPTER 2 ARTICLE 1
37-2-1. (a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or developmentally disabled including individuals with epilepsy, cerebral palsy, autism, and other neurologically disabling conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services. (b) It is the policy of this state to provide adequate mental health, developmental disability, addictive disease, and other disability services to all its citizens. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private. (c) It is the purpose of this chapter to enable and encourage the development of comprehensive, preventive, early detection, habilitative, rehabilitative, and treatment disability services; to improve and expand community programs for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities. (d) The provisions of this chapter shall be liberally construed to achieve the objectives set forth in this Code section.

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37-2-2. As used in this chapter, the term:
(1) 'Addictive disease' means the abuse of, addiction to, or dependence upon alcohol or other drugs and includes substance abuse. (2)(1) 'Community service board' means a public mental health, developmental disabilities, and addictive diseases board established pursuant to Code Section 37-2-6. (2.1)(2) 'Community service board area' means an area inclusive of the counties which fall within the boundaries of a community service board as designated by the division department pursuant to subsection (b) of Code Section 37-2-3 for the establishment of a community service board. (2.2)(3) 'Community service board service area' means a community service board area and any other county or portion thereof in which the community service board provides services. (3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in this Code section. (4) 'Council' means the Behavioral Health Coordinating Council established pursuant to Code Section 37-2-4. (4) 'Developmental disability' includes mental retardation and other neurologically disabling conditions, including epilepsy, cerebral palsy, and autism, which require treatment similar to that for individuals with mental retardation. (5) 'Director' means the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (6) 'Disability' means:
(A) Mental or emotional illness; (B) Developmental disability; or (C) Addictive disease. (7) 'Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (8) 'Disabled' means any person or persons having a disability. (9) 'Division' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources. (5) 'Health services' means any education or service provided by the department, the Department of Community Health, or the Department of Human Services, either directly or by contract. (10)(6) 'Hospital' means a state owned or state operated facility providing services which include, but are not limited to, inpatient care and the diagnosis, care, and treatment or habilitation of the disabled. Such hospital may also provide or manage state owned or operated programs in the community. (11) 'Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1 as that Code section existed on June 30, 2002. (12) 'Regional office' means the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources office

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created pursuant to Code Section 37-2-4.1. Such office shall be an office of the division which shall serve as the entity for the administration of disability services in a region. (13) 'Regional planning board' means a regional mental health, developmental disabilities, and addictive diseases board established in accordance with Code Section 37-2-4.1.
37-2-2.1. The Department of Human Resources shall have a Division of Mental Health, Developmental Disabilities, and Addictive Diseases.
37-2-3. (a) The board shall designate boundaries for mental health, developmental disabilities, and addictive diseases regions and may modify the boundaries of such regions from time to time as deemed necessary by the board. (b) The division department, with the approval of the commissioner, shall designate community service board areas, which shall serve as boundaries for the establishment of community service boards within this state for the purpose of delivering disability services. The division department shall be authorized to initiate the redesignation of such community service board area boundaries and may consider requests from a county or group of counties or a community service board or a group of community service boards for recommended changes to the boundaries of the community service board areas. The division department, with the approval of the commissioner, is authorized to redesignate two or more contiguous community service board areas as a single community service board area upon the request of the community service boards serving such areas; and, if so authorized, the assets, equipment, and resources of such community service boards shall become the assets, equipment, and resources of the reconstituted community service board serving the successor single board area. It is the intent of the General Assembly not to limit a community service board to serving only those counties within the boundaries of its community service board area. (c) To the extent practicable, the boundaries for regional planning boards and offices and community service areas shall not subdivide any county unit or conflict with any districts established by the department Department of Community Health and the state relating to the planning for, or delivery of, health services. In dividing the state into areas, the board, and the department, and the division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services.
37-2-4.

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(a) The Governor shall appoint, fund, and provide staff assistance to a Governor's Advisory Council for Mental Health, Developmental Disabilities, and Addictive Diseases, referred to in this chapter as the 'Governor's council.' The Governor's council shall consist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disability groups. The term of each member of the Governor's council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The director shall be an ex officio, nonvoting member. There is created the Behavioral Health Coordinating Council. The council shall consist of the commissioner of behavioral health and developmental disabilities; the commissioner of community health; the commissioner of human services; the commissioner of juvenile justice; the commissioner of corrections; an adult consumer of public behavioral health services, appointed by the Governor; a family member of a consumer of public behavioral health services, appointed by the Governor; a parent of a child receiving public behavioral health services, appointed by the Governor; a member of the House of Representatives, appointed by the Speaker of the House of Representatives; and a member of the Senate, appointed by the Lieutenant Governor. (b) The Governor's council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability services programs. The Governor's council shall review and prepare written comments on proposed state plans and on standards, rules, and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner, and to any other individual or agency deemed appropriate. The Governor's council shall further receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or grievances. The Governor's council shall also provide guidance and assistance to the regional planning boards, hospitals, community service boards, and other private or public providers in the performance of their duties. (b) The commissioner of behavioral health and developmental disabilities shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the council's bylaws. (c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days' public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50.

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Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent. (d) Except as otherwise provided in this Code section, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council. (e) The council shall:
(1) Develop solutions to the systemic barriers or problems to the delivery of behavioral health services by making recommendations that implement funding, policy changes, practice changes, and evaluation of specific goals designed to improve services delivery and outcome for individuals served by the various departments; (2) Focus on specific goals designed to resolve issues for provision of behavioral health services that negatively impact individuals serviced by at least two departments; (3) Monitor and evaluate the implementation of established goals; and (4) Establish common outcome measures. (f)(1) The council may consult with various entities, including state agencies, councils, and advisory committees and other advisory groups as deemed appropriate by the council. (2) All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council. (g) The council shall be attached to the Department of Behavioral Health and Developmental Disabilities for administrative purposes only as provided by Code Section 50-4-3. (h)(1) The council shall submit annual reports of its recommendations and evaluation of their implementation to the Governor and the General Assembly. (2) The recommendations developed by the council shall be presented to the board of each member department for approval or review at least annually. (i) For purposes of this Code section, the term 'behavioral health services' has the same meaning as 'disability services' as defined in Code Section 37-1-1.

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37-2-4.1. (a) The division department shall create regional mental health, developmental disabilities, and addictive diseases offices. The number of these offices may be modified from time to time as deemed necessary by the division department. (b) The division department shall create a separate regional mental health, developmental disabilities, and addictive diseases planning board for each regional office established under subsection (a) of this Code section. Each board shall provide and facilitate coordinated and comprehensive planning for its region in conformity with minimum standards and procedures established by the division department. Each board shall be designated with such identifying words before the term 'regional mental health, developmental disabilities, and addictive diseases planning board' as that regional planning board may, from time to time, choose and designate by official action. (c) The powers, functions, obligations, and duties of the regional mental health, mental retardation, and substance abuse boards as they existed on June 30, 2002, are transferred to the department. The department shall succeed to all rights, privileges, entitlements, contracts, leases, agreements, and other transactions of the regional boards which were in effect on June 30, 2002, and none of those rights, privileges, entitlements, contracts, leases, agreements, and other transactions shall be impaired or diminished by reason of such transfer. In all such instances, the department shall be substituted for such regional board and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.
37-2-5. (a) Each regional planning board shall engage in disability services planning including job supports and housing within its region and shall perform such other functions as may be provided or authorized by law. (b) Membership on the regional planning board within an established region shall be determined as follows:
(1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; and (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or business person with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services.

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(b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the local board of education, or any other elected or appointed official to serve on the regional planning board, provided that such person meets the qualifications of paragraph (4) of subsection (b) of this Code section, such person does not serve on a community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45.
(b.2)(1) A person shall not be eligible to be appointed to or serve on a regional planning board if such person is:
(A) A member of the community service board which serves that region; or (B) An employee or board member of a private or public entity which contracts with the department, through the division, the Department of Human Services, or the Department of Community Health to provide health, mental health, developmental disabilities, or addictive diseases services within the region; or (C) An employee of such regional office or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from such regional office. ;or (D) An employee or board member of the department, the Department of Human Services, or the Department of Community Health. (2) A person shall not be eligible to be appointed to or serve on a regional planning board if such person's spouse, parent, child, or sibling is a member of that regional planning board or a member, employee, or board member specified in subparagraph (A), (B), or (C) of paragraph (1) of this subsection. No person who has served a full term or more on a regional board or regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person served on the regional board or the regional planning board. No person who has served on a regional board and who becomes a member of a regional planning board on June 30, 2002, may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (c) In making appointments to the regional planning board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional planning board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, People First of Georgia, the Georgia Parent Support Network, National Alliance for the Mentally Ill Georgia, the American Association for Retired Persons, Georgians for Children, the National Mental Health Association America of Georgia, Georgia ARC Network, and the Georgia Council on Substance Abuse and their local chapters and affiliates.

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(d)(1) In addition, members of the regional mental health, mental retardation, and substance abuse boards in office on June 30, 2002, shall become members of the regional planning board for the area in which they reside on July 1, 2002, and shall serve out the balance of their terms. (2) The initial term of a new member of a regional planning board shall be determined by the commissioner in order to establish staggered terms on the board. At such time as the terms of the members of the board are equally staggered, the term of a member of the regional planning board shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional planning board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity or such other reasonable condition as the regional planning board may impose under its bylaws. Vacancies on the regional planning board shall be filled in the same manner as the original appointment. (e) Prior to August 1, 2002, each regional planning board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered terms of the board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chairperson and vice chairperson of the regional planning board shall be elected from among the members of the board to serve a term of one year with the option of reelection for an additional oneyear term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. Prior to their adoption by the regional planning board, the bylaws shall be submitted to the division department for review and approval. The regional planning board must have the written approval of the director of the division commissioner prior to the adoption of bylaws. (f) The regional planning board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional planning board. (g) Each member of the regional planning board may, upon approval of the regional coordinator, receive reimbursement for actual expenses incurred in carrying out the duties of such office in conformance with rates and allowances set for state employees by the Office of Planning and Budget and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier. (h) Each regional planning board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six members, notwithstanding the provisions of subsection (b) of this Code section, which members shall in all other respects be appointed as provided in this Code section.

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37-2-5.1. (a) Each region shall be served by a regional coordinator, who shall be duly qualified and appointed by the director of the division commissioner. The regional coordinator shall serve as the supervisor of the regional office, which shall be a unit of the division department. The regional coordinator shall serve at the pleasure of the division director commissioner. The director of the division commissioner shall be authorized to appoint an interim regional coordinator at any time that the position of regional coordinator is vacant and prior to the appointment of a duly qualified and approved successor. (b) The regional coordinator may appoint such other staff including a regional services administrator and a regional state hospital administrator and personnel to work for the regional office as the division department deems necessary and appropriate. The regional coordinator and such staff and personnel shall be employees of the division department. Expenses for the regional office and planning board, the employment of the regional coordinator, other staff and personnel, and the operation of the regional office shall be funded by the division department as funds are appropriated by the General Assembly. The department and the division shall impose limits on the administrative and operating expenditures of the regional office and planning board.
(c)(1) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. All funds associated with services to clients residing within a given region shall be managed through the division department; the term 'all funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The division department shall establish a funding amount for regions conditioned upon the amount of funds appropriated. The funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region. (2) The division department shall establish guidelines to ensure that regions receive such funding based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division department shall ensure that funds are managed based primarily on services to clients and in compliance with all federal, state, and regulatory requirements. (3) The division department, in compliance with the provisions of the General Appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the division department shall develop appropriate allocation and accounting mechanisms to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization.

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37-2-5.2. (a) Under the supervision of the division department, each regional office shall have the following duties and functions:
(1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, its regional planning board, and appropriate advisory and advocacy groups, an annual plan for the funding and provision of all disability services in the region. The plan shall be submitted to the division department at a time and in the manner specified by the division department so as to ensure that the plan is a basis for the annual appropriations request; (2) To provide, as funds become available, for consumer assessment and service authorization and coordination for each consumer receiving services within the region; (3) To exercise responsibility and authority as specified in this chapter within the region in all matters relating to the funding and delivery of disability services; (4) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to mental health, developmental disability, and addictive disease services; (5) To enter into contracts on behalf of the division department with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to enter into all contracts on behalf of the division department necessary or incidental to the performance of duties and functions of the division department and regional office; (6) To encourage the development, in cooperation with the division department, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region; (7) To serve as the representative of the citizens of the area in regard to disability services; (8) To receive and consider complaints and grievances submitted by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution, through processes which may include impartial mediation and alternate dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service; (9) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; (10) To visit regularly disability services facilities and programs which serve the region in order to assure contracted providers are licensed and accredited by the designated agencies prescribed by the division department, and in order to evaluate the effectiveness and appropriateness of the services, as such services relate to the health, safety, and welfare of service recipients, and to provide technical assistance to programs in delivering services; and (11) To participate with other regional offices and planning boards, the division, the department, local, state, or federal government agencies, educational institutions, and

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public and private organizations in the coordination of planning, research, service development, and evaluation activities:
(A) To work cooperatively with all units of county and local government, including the county boards of health, within the region; (B) To establish goals and objectives, not inconsistent with those established by the division and the department, for its region; and (C) To participate in the establishment and operation of a data base and network, coordinated by the division department, to serve as a comprehensive management information system for disability services and programs. (b) It is the express intent of this chapter to confer upon the regional offices as the administrative entities of the division department the flexibility, responsibility, and authority necessary to enter into contracts on behalf of the division department with a wide range of public and private providers to ensure that consumers are afforded costeffective, locally based, and quality disability services. Under the supervision of the division department, regional offices are specifically authorized to enter into contracts on behalf of the division department directly with any county governing authority, any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. (c) Each regional office shall account for all funds received, expended, and administered and shall make reports to the division department regarding the funds received from the department. The audit of such activity shall be part of the annual audit of the department.
37-2-6. (a) Community service boards in existence on June 30, 2006, are re-created effective July 1, 2006, to provide mental health, developmental disabilities, and addictive diseases services. Such Effective July 1, 2009, such community service boards may enroll and contract with the department, the Department of Human Services, or the Department of Community Health to become a provider of mental health, developmental disabilities, and addictive diseases services or health, recovery, housing, or other supportive services. Such boards shall be considered public agencies. Each community service board shall be a public corporation and an instrumentality of the state; provided, however, the liabilities, debts, and obligations of a community service board shall not constitute liabilities, debts, or obligations of the state or any county or municipal corporation and neither the state nor any county or municipal corporation shall be liable for any liability, debt, or obligation of a community service board. Each community service board re-created pursuant to this Code section is created for nonprofit and public purposes to exercise essential governmental functions. The recreation of community service boards pursuant to this Code section shall not alter the provisions of Code Section 37-2-6.2 which shall apply to those re-created community service boards and their employees covered by that Code section and those employees' rights are retained.

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(b) Each community service board shall consist of members appointed by the governing authorities of the counties within the community service board area. Membership on such community service board shall be determined as follows:
(1)(A) The governing authority of each county within the community service board area:
(i) With a population of 50,000 or less according to the most recent United States decennial census shall appoint one member to the board; and (ii) With a population of more than 50,000 according to the most recent United States decennial census shall appoint one member for each population increment of 50,000 or any portion thereof; or (B) In the event that the number of community service board member positions established in accordance with subparagraph (A) of this paragraph would exceed 13, the membership of such community service board pursuant to this subsection shall be appointed as follows and the bylaws shall be amended accordingly: (i) For community service boards whose community service board area contains 13 or fewer counties, the board shall be set at 13 members and appointments to the board shall be made by the governing authority of each county within the community service board area in descending order from the county with the largest population to the county with the smallest population according to the most recent United States decennial census and this method shall be repeated until all 13 members of the community service board are appointed. If a county governing authority fails to make an appointment within a reasonable time, the next descending county by population shall make an appointment and the method shall continue; and (ii) For community service boards whose community service board area contains more than 13 counties, one member of the community service board shall be appointed by the governing authority of each county within the community service board area, so that the number of members on the board is equal to the number of counties in the community service board area. The county governing authority shall appoint as at least one of its appointments a consumer of disability services, a child psychiatrist, a child psychologist, a family member of a consumer, an advocate for disability services, a parent of a child with mental illness or addictive disease, or a local leader or businessperson with an interest in mental health, developmental disabilities, and addictive diseases; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (2) In addition to the members appointed pursuant to paragraph (1) of this subsection, each community service board may appoint up to three additional members in order to address variation in the population sizes of counties or the financial contributions of counties within the community service board area or may authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service

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board while holding such elective office. The bylaws of the community service board shall address the number of such additional members, if any, and the purpose or purposes for which such positions are created. The term of office of such additional members shall be the same as that of other members as provided in subsection (h) of this Code section; except that the term of office of a member in a position created to authorize the elected chief executive officer of a county governing authority, by whatever name called, or an elected member of that county governing authority to serve on the community service board shall be the same term of office as the elective term of office of said chief executive officer or said member of that county governing authority; (3) Each community service board in existence on June 30, 2006, shall reconstitute its membership in accordance with the provisions of paragraphs (1) and (2) of this subsection, effective July 1, 2006, as follows:
(A) A community service board which increases or reduces the number of its members in accordance with paragraphs (1) and (2) of this subsection shall revise its bylaws adopted in accordance with subsection (h) of this Code section to reflect such increases or reductions. A community service board which reduces the number of its members shall designate which position or positions are to be eliminated and shall make reasonable efforts to eliminate any position or positions of members whose terms expire on or before June 30, 2006; provided, however, that members serving on a community service board whose terms do not expire on or before June 30, 2006, shall continue to serve out the terms of office to which they were appointed, regardless of whether this causes a board to temporarily exceed the maximum number of members. Any additional positions created in conformity with such paragraphs (1) and (2) may be filled on July 1, 2006, and the governing authority of a county that is otherwise authorized to appoint such additional community service board member or members may do so no sooner than May 1, 2006, but any person so appointed shall not take office until July 1, 2006. If a position on such community service board is not filled on July 1, 2006, a vacancy in that position shall be deemed to have occurred on that date. A community service board is authorized to make whatever changes necessary in the terms of office of its members in order to achieve the staggering of terms required by subsection (h) of this Code section; and (B) The term of office of an ex officio, voting member of a community service board holding membership on June 30, 2006, shall expire on June 30, 2006; and (4)(A) A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(i) A member of the regional planning board which serves the region in which that community service board is located; (ii) An employee or board member of a public or private entity which contracts with the division department, the Department of Human Services, or the Department of Community Health to provide mental health, developmental disabilities, and addictive diseases services or health services within the region; or

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(iii) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board. (B) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in division (i), (ii), or (iii) of subparagraph (A) of this paragraph. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional planning board until a period of at least two years has passed since the time such person served on the community service board, and no person who has served a full term or more on a regional planning board may be appointed to a community service board until a period of at least two years has passed since the time such person has served on the regional planning board. (5) A community service board created in accordance with this subsection shall reconstitute its membership in conformity with the most recent United States decennial census in accordance with subparagraph (d)(2)(C) of Code Section 1-3-1. (b.1) A county governing authority may appoint the school superintendent, a member of the county board of health, a member of the board of education, or any other elected or appointed official to serve on the community service board provided that such person meets the qualifications of paragraph (1) of subsection (b) of this Code section and such appointment does not violate the provisions of Chapter 10 of Title 45. For terms of office which begin July 1, 1994, or later, an employee of the Department of Human Resources (now known as the Department of Behavioral Health and Developmental Disabilities for these purposes) or an employee of a county board of health may shall not serve on a community service board. For terms of office which begin July 1, 2009, or later, an employee of the department, the Department of Human Services, or the Department of Community Health or a board member of the respective boards of each department shall not serve on a community service board. (c) In making appointments to the community service board, the county governing authorities shall ensure that such appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the community service board area and county populations. The county governing authorities are further encouraged to ensure that each disability group is represented on the community service board, and in making such appointments the county governing authorities may consider suggestions from clinical professional associations as well as advocacy groups. For the purposes of this subsection, 'advocacy groups' means any organizations or associations that advocate for, promote, or have an interest in disability services and are exempted as a charitable organization from federal income tax pursuant to Section 501(c) of the Internal Revenue Code; provided, however, that 'advocacy groups' shall not mean paid providers of disability services or health services. (c.1) A county governing authority in making appointments to the community service board shall take into consideration that at least one member of the community service

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board is an individual who is trained or certified in finance or accounting; provided, however, if after a reasonable effort at recruitment there is no person trained or certified in finance or accounting within the community service board area who is willing and able to serve, the county governing authority may consider for appointment any other person having a familiarity with financial or accounting practices. (d) Each county in which the governing authority of the county is authorized to appoint members to the community service board shall participate with the board in the operation of the program through the community service board. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of the mental health, developmental disabilities, and addictive diseases service areas in existence on June 30, 2006, shall continue to exist along with the new powers granted to the community service boards effective July 1, 2006. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if:
(1) A board of health of a county desiring to be the lead county board of health for that county submits a written agreement to the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts adopted a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits submitted a copy of such resolution to the former division before July 1, 1993; or
(2)(A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits submitted a written agreement to the former division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be was submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts adopted a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits submitted a copy of that resolution to the former division, the

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regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) Each community service board shall adopt bylaws and operational policies and guidelines in conformity with the provisions of this chapter. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, quorum, a mechanism for ensuring that consumers of disability services and family members of consumers constitute no less than 50 percent of the board members appointed pursuant to subsection (b) of this Code section, and a mechanism for ensuring equitable representation of the various disability groups. A quorum for the transaction of any business and for the exercise of any power or function of the community service board shall consist of a majority of the total number of filled board member positions appointed pursuant to subsection (b) of this Code section. A vote of the majority of such quorum shall be the act of the governing board of the community service board except where the bylaws of the community service board may require a greater vote. The regular term of office for each community service board member shall be three years. Vacancies on such board shall be filled in the same manner as the original appointment. For the purposes of this subsection, 'equitable representation of the various disability groups' shall mean that consumers and family members of such consumers who constitute no less than 50 percent of the board members holding

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membership pursuant to subsection (b) of this Code section shall be appointed so as to assure that an equal number of such members to the fullest extent possible represents mental health, developmental disabilities, and addictive diseases interests. (i) Each community service board which is composed of members who are appointed thereto by the governing authority of only one county shall have a minimum of six and no more than 13 members, not including any additional members appointed pursuant to paragraph (2) of subsection (b) of this Code section, notwithstanding the provisions of subsection (b) of this Code section, which members in all other respects shall be appointed as provided in this Code section. (j) No officer or employee of a community service board who has authority to take, direct others to take, recommend, or approve any personnel action shall take or threaten action against any employee of a community service board as a reprisal for making a complaint or disclosing information concerning the possible existence of any activity constituting fraud, waste, or abuse in or relating to the programs, operations, or client services of the board to the board or to a member of the General Assembly unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. Any action taken in violation of this subsection shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. (k) A member of a community service board who after notice that such member has failed to complete any required training prescribed by the department pursuant to paragraph (6) (4) of subsection (b) of Code Section 37-1-20 continues such failure for 30 days may be removed from office by the remaining members of the community service board. (l) A member of a community service board may resign from office by giving written notice to the executive director of the community service board. The resignation is irrevocable after delivery to such executive director but shall become effective upon the date on which the notice is received or on the effective date given by the member in the notice, whichever date is later. The executive director, upon receipt of the resignation, shall give notice of the resignation to the remaining members of the community service board and to the chief executive officer or governing authority of the county that appointed the member. (m) The office of a member of a community service board shall be vacated upon such member's resignation, death, or inability to serve due to medical infirmity or other incapacity, removal by the community service board as authorized in this Code section or upon such other reasonable condition as the community service board may impose under its bylaws. (n) A member of a community service board may not enter upon the duties of office until such member takes the following oath of office:
STATE OF GEORGIA COUNTY OF __________

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I, _______________________, do solemnly swear or affirm that I will truly perform the duties of a member of the _______________________ Community Service Board to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and this state.

_____________________ Signature of member of
____________________ Community Service Board

Sworn and subscribed before me this ______ day of ______________, ____. (SEAL)

_____________________ Typed name of member of ____________________ Community Service Board

37-2-6.1. (a) Each community service board shall employ an executive director to serve as its chief executive officer who shall direct the day-to-day operations of the community service board. Such executive director shall be appointed and removed by the community service board and shall appoint other necessary staff pursuant to an annual budget adopted by the board, which budget shall provide for securing appropriate facilities, sites, and professionals necessary for the provision of disability and health services. The community service board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any power, authority, duty, or function on behalf of the community service board. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority:
(1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law;

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(2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions; (3) Each community service board may acquire by purchase, gift, lease, or otherwise and may own, hold, improve, use, and sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons:
(A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization benefits may only be provided through the Department of Community Health under the same conditions as provided for such benefits to state employees, and the Department of Community Health shall so provide if requested; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government in the counties where the community service board provides services as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and regional planning boards; (7) Each community service board shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees; provided, however, each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, for as so long as and to the extent that each employee of such board who is a covered employee as defined in Code Section 45-20-2 and is subject to the rules and regulations of the State Merit System of Personnel Administration remains in a covered position or as otherwise provided by law; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services or of health services; (9) Each community service board may establish fees for the provision of disability services or health services according to the terms of contracts entered into with the department, Department of Human Resources Services, and the or Department of Community Health, as appropriate;

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(10) Each community service board may accept appropriations, loans of funds, facilities, equipment, and supplies from local governmental entities in the counties where the community service board provides services; (11) Each member of the community service board may, upon approval of the executive director, receive reimbursement for actual expenses incurred in carrying out the duties of such office; provided, however, such reimbursement shall not exceed the rates and allowances set for state employees by the Office of Planning and Budget or the mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier; (12) Each community service board shall elect a chairperson and vice chairperson from among its membership. The members shall also elect a secretary and treasurer from among its membership or may designate the executive director of the community service board to serve in one or both offices. Such officers shall serve for such terms as shall be prescribed in the bylaws of the community service board or until their respective successors are elected and qualified. No member shall hold more than one office of the community service board; except that the same person may serve as secretary and treasurer. The bylaws of the community service board shall provide for any other officers of such board and the means of their selection, the terms of office of the officers, and an annual meeting to elect officers; (13) Each community service board may have a seal and alter it; (14) Each community service board may contract with the State Merit System of Personnel Administration regarding its personnel who remain in the classified service; (15) Each community service board may establish fees, rates, rents, and charges for the use of facilities of the community service board for the provision of disability services or of health services through the Department of Community Health, in accordance with the terms of contracts entered into with the department, Department of Human Services, or Department of Community Health, as appropriate; (16) Each community service board may borrow money for any business purpose and may incur debt, liabilities, and obligations for any business purpose. A debt, liability, or obligation incurred by a community service board shall not be considered a debt, liability, or obligation of the state or any county or any municipality or any political subdivision of the state. A community service board may not borrow money as permitted by this Code section if the highest aggregate annual debt service requirements of the then current fiscal year or any subsequent year for outstanding borrowings of the community service board, including the proposed borrowing, exceed 15 percent of the total revenues of the community service board in its fiscal year immediately preceding the fiscal year in which such debt is to be incurred. Interest paid upon such borrowings shall be exempt from taxation by the state or its political subdivisions. A state contract with a community service board shall not be used or accepted as security or collateral for a debt, liability, or obligation of a community service board without the prior written approval of the commissioner;

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(17) Each community service board, to the extent authorized by law and the contract for the funds involved, may carry forward without lapse fund balances and establish operating, capital, and debt reserve accounts from revenues and grants derived from state, county, and all other sources; and (18) Each community service board may operate, establish, or operate and establish facilities deemed by the community service board as necessary and convenient for the administration, operation, or provision of disability services or of health services by the community service board and may construct, reconstruct, improve, alter, repair, and equip such facilities to the extent authorized by state and federal law. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services or of health services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. (e) A community service board does shall not have the power to tax, the power to issue general obligation bonds or revenue bonds or revenue certificates, or the power to financially obligate the state or any county or any municipal corporation. (f) A community service board shall not operate any facility for profit. A community service board may fix fees, rents, rates, and charges that are reasonably expected to produce revenues, which, together with all other funds of the community service board, will be sufficient to administer, operate, and provide the following: (1) Disability services or health services; (2) The cost of acquiring, constructing, equipping, maintaining, repairing, and operating its facilities; and (3) The creation and maintenance of reserves sufficient to meet principal and interest payments due on any obligation of the community service board. (g) Each community service board may provide reasonable reserves for the improvement, replacement, or expansion of its facilities and services. Reserves under this subsection shall be subject to the limitations in paragraph (16) of subsection (b) of this Code section. (h) Each county and municipal corporation of this state is authorized to convey or lease property of such county or municipal corporation to a community service board for its public purposes. Any property conveyed or leased to a community services board by a county or municipal corporation shall be operated by such community service board in accordance with this chapter and the terms of the community service board's agreements with the county or municipal corporation providing such conveyance or lease. (i) Each community service board shall keep books of account reflecting all funds received, expended, and administered by the community service board which shall be independently audited annually.

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(j) A community service board may create, form, or become a member of a nonprofit corporation, limited liability company, or other nonprofit entity, the voting membership of which shall be limited to community service boards, governmental entities, nonprofit corporations, or a combination thereof, if such entity is created for purposes that are within the powers of the community service board, for the cooperative functioning of its members, or a combination thereof; provided, however, that no funds provided pursuant to a contract between the department and the community service board may be used in the formation or operation of the nonprofit corporation, limited liability company, or other nonprofit entity. No community service board, whether or not it exercises the power authorized by this subsection, shall be relieved of compliance with Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. (k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed. (l) A community service board may join or form and operate, either directly or indirectly, one or more networks of community service boards, disability or health service professionals, and other providers of disability services or health services to arrange for the provision of disability services or health services through such networks; to contract either directly or through such networks with the Department of Community Health to provide services to Medicaid beneficiaries; to provide disability services or health services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other disability or health services related managed care activities. For purposes of this subsection only and notwithstanding Code Section 33-3-3 or any other provision of law, a community service board shall be permitted to and shall comply with the requirements of Chapter 20A of Title 33 to the extent that such requirements apply to the activities undertaken by the community service board or by a community service board under this subsection or subsection (j) of this Code section. No community service board, whether or not it exercises the powers authorized by this subsection, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records, unless otherwise provided by law. Any licensed health care provider shall be eligible to apply to become a participating provider under such a plan or network that provides coverage for health care, or disability services, or health services which are within the lawful scope of the provider's license, but nothing in this Code section shall be construed to require any such plan or network to provide coverage for any specific health care, or disability service, or health service.

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37-2-6.2. (a)(1) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of a community service board on July 1, 1994, shall become employees of the applicable community service boards on and after July 1, 1994. Such employees shall be subject to the employment practices and policies of the applicable community service board on and after July 1, 1994. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to a community service board 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, 1994, 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, 1994, without any interruption in membership service and without the loss of any creditable service. For purposes of coverage under the Employees' Retirement System of Georgia, such employees transferred to the community service boards on July 1, 1994, shall be deemed to be state employees. Accrued annual and sick leave possessed by said employees on June 30, 1994, shall be retained by said employees as employees of the community service board. Any person who is granted employment rights and benefits as a member of a community service board pursuant to this subsection and who later becomes employed, without any break in service, by the division department, Department of Human Services, or Department of Community Health, a hospital thereof, another community service board, a county board of health for which such person provides services pursuant to this title, or a regional board shall retain, in that later employment position, all such rights and benefits. Such rights and benefits shall also be retained by any person who is employed on June 30, 1994, by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources, a hospital thereof, a county board of health for which such person provides services pursuant to this title, or a regional board and who later becomes employed, without any break in service, by a community service board. (2) Classified employees of a community service board under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration. (3) All rights, credits, and funds in the Employees' Retirement System of Georgia which are possessed by personnel transferred by provisions of this Code section to the community service boards are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the community service boards.

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(b) As to those persons employed by the division former Division of Mental Health, Developmental Disabilities, and Addictive Diseases (now known as the Department of Behavioral Health and Developmental Disabilities) of the former Department of Human Resources, a hospital thereof, or a regional board on June 30, 1994, any termination from state employment after that date of any such person who is a member of the classified service shall not result from the anticipated or actual employment or utilization by:
(1) The department; (2) A regional board; (3) A community service board; (4) A hospital; or (5) The Department of Human Services; (6) The Department of Community Health; or (5)(7) Any private provider of disability services or health services of any person who is not an employee of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department, the Department of Human Services, or the Department of Community Health for the services which had been provided by the terminated state personnel.
37-2-6.3. (a) A community service board is a public body as provided in paragraph (1) of subsection (c) of Code Section 37-2-11.1. (b) A community service board has the power to bring an action in its own name and, to the extent otherwise authorized by law and to the extent not immune from suit, may be sued in its own name. The state and the counties in which the community service board operates shall not be considered a party to or liable under any such litigation. (c) Debts, obligations, and liabilities of a community service board are not, debts, obligations, or liabilities of the state or of the counties in which such board operates. A community service board is prohibited from entering into debts, obligations, or liabilities which are also debts, obligations, or liabilities of the state or of any county.
37-2-6.4. (a) Notwithstanding any other provisions of this chapter, a community service board may reconstitute or convert its organizational structure in the following ways:
(1) With the approval of the governing board of the community service board and the approval of the county governing authorities of the counties served by the community service board, the community service board may convert to a private nonprofit corporation. So long as the reconstituted organization continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Community Health, as appropriate, such organization shall be

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authorized to retain the use of assets, equipment, and resources purchased with state and federal funds by the former community service board. In the event the new private nonprofit fails to serve such public purpose, those assets, equipment, and resources purchased by the former community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Community Health, as appropriate, or to an agency designated by the such department. For a period of three years following the community service board's conversion to a private nonprofit corporation, the private nonprofit corporation shall ensure that consumers of disability services or health services, as appropriate, and family members of such consumers constitute a majority of the appointed board members and that the various disability groups and health services groups are equitably represented on the board of the nonprofit corporation; (2) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may convert to a unit of county government. All assets, equipment, and resources of the community service board shall be transferred to the new unit of county government; or (3) With the approval of the governing board of the community service board and the approval of all of the county governing authorities of the counties served by the community service board, the community service board may become a component part of a hospital authority in those counties served by the community service board. So long as the hospital authority continues to serve a public purpose as defined by the department, the Department of Human Services, or the Department of Community Health, as appropriate, the hospital authority shall be authorized to retain possession of those assets, equipment, and resources purchased by the community service board with state and federal funds. In the event the hospital authority fails to serve such public purpose, those assets, equipment, and resources purchased by the community service board with state and federal funds shall be returned to the department, the Department of Human Services, or the Department of Community Health, as appropriate, or to an agency designated by the such appropriate department or departments. (b) In the event that all county governing authorities of a community service area designated pursuant to subsection (b) of Code Section 37-2-3 concur that a community service board reconstituted pursuant to subsection (a) of this Code section has failed to provide disability services or health services as required, those county governing authorities may request that the division department coordinate the formation of a new community service board pursuant to Code Section 37-2-6. Upon notification of the request, the division department shall assist the county governing authorities in making appointments to the new community service board and establishing bylaws pursuant to Code Section 37-2-6. The division department shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor agency. To the extent that the community service board was providing disability services or health services through the

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Department of Human Services or the Department of Community Health, such department or departments shall provide to the Department of Behavioral Health and Developmental Disabilities all documents, data, information, and consultation necessary or helpful to the formation of the new community service board and the determination and disposition of assets, equipment, and resources of the community service board.
37-2-6.5. (a) By joint action of the membership of a community service board created pursuant to Code Section 37-2-6 and the governing authority of each county within the community service board area, such community service board may cease operations; provided, however, such community service board shall notify the commissioner at least 90 days in advance of the meeting of the community service board in which such action is to be taken. Such joint action shall indicate the date on which the community service board shall cease operations. (b) Upon receipt of notification that a community service board intends to cease operations, the commissioner shall notify the chairperson and executive director of such community service board and the governing authority of each county within the community service board area of such board that:
(1) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board in accordance with the provisions of paragraph (1) of subsection (c) of Code Section 37-2-10 until the division department shall determine:
(A) That such community service board should continue in operation, provided one or more members appointed to such board in accordance with subsection (b) of Code Section 37-2-6 shall be removed in accordance with subparagraph (c)(3)(H) of Code Section 37-2-10, and the division department, acting on behalf of the membership of the community service board, nominates a successor to a removed member and advises the county governing authority that appointed such removed member to appoint a successor; (B) That all of the members of such community service board appointed in accordance with subsection (b) of Code Section 37-2-6 shall be removed and such community service board shall be reconstituted; and that the division department shall assist the county governing authorities in making appointments to the new community service board; or (C) In the case where the membership of such community service board is the membership of a county board of health designated in accordance with Code Section 31-3-12.1 or subsection (e) of Code Section 37-2-6, that the entire membership of the community service board should be removed and the membership of the community service board be reconstituted in accordance with subsection (b) of Code Section 37-2-6; (2) The division department, with the approval of the commissioner, intends to redesignate the boundaries of the community service board area served by such board

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pursuant to paragraph (1) of subsection (b) of Code Section 37-2-3 by expanding the boundaries of an adjacent community service board area served by another community service board to include the counties in the community service board area served by the community service board that intends to cease operations so that the community service board serving such adjacent area may assume responsibility for the provision of disability services within such counties; (3) The department intends to request pursuant to Code Section 31-3-12.1 that the governing authority of a county within the community service board area of such board authorize the membership of the board of health of such county to serve as the membership of such community service board; or (4) The department, after securing the approval of the Governor, intends to appoint a manager or management team to manage and operate the programs and services of the community service board until such time as arrangements can be made to secure one or more alternate service providers to assume responsibility for the provision of services previously provided by the community service board. (c) If a community service board ceases operation and is succeeded by another community service board pursuant to paragraph (2), a county board of health pursuant to paragraph (3), or a manager or management team pursuant to paragraph (4) of subsection (b) of this Code section, the division department shall make a determination about the disposition of all assets, equipment, and resources purchased with state or federal funding in the possession of the predecessor community service board. (d) If a community service board ceases operation and one or more alternate service providers assume responsibility for the provision of services previously provided by the community service board pursuant to paragraph (4) of subsection (b) of this Code section, the department shall petition the superior court of the county in which the principal office of that community service board was located for appointment of a receiver of the assets of the community service board for the protection of the board's creditors and the public. The receiver shall be authorized to marshal and sell or transfer assets of the board, and, after payment of the costs, expenses, and approved fees of the proceeding, to pay the liabilities of the community service board. The court shall then decree that the board be dissolved. Upon completion of the liquidation, any surplus remaining after paying all costs of the liquidation shall be distributed, as determined by the court, to the agencies, entities, or providers providing disability services in the community service board area formerly served by the community service board which ceased operations. At no time shall any community service board upon ceasing operations convey any of its property, except as may be otherwise authorized by a superior court in this subsection, to any private person, association, or corporation.
37-2-7. (a) The division department shall formulate and publish biennially a state plan for disability services which shall take into account the disability services plans submitted by the regional offices as required by Code Section 37-2-5.2. The state disability services plan shall be comprehensive and shall include public and private institutional

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and community services to the disabled. In developing the state plan, the division department shall request input from the regional offices and planning boards, the community service boards, hospitals, and other public and private providers. The plan shall include an overview of current services and programs and shall also present information on future program, service, educational, and training needs. (b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure continuity of care and treatment for persons receiving such services. (c) The plan shall further set forth the proposed annual budget of the division department and the regions. (d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governor's council, the regional planning boards, the hospitals, the community service boards, and any other public or private provider requesting a copy of the plan. (e) At such time as the state plan is submitted, the division department shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division department in coordinating services in accordance with Code Section 37-29.
37-2-8. Reserved.
37-2-9. To the maximum extent possible, disability services provided by the division department and the regional offices, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social, and other health service agencies and organizations, both private and public.
37-2-9.1. (a) Each regional planning board and community service board shall comply with the provisions of 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, except where records or proceedings are expressly made confidential pursuant to other provisions of law. (b) Each regional office and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance.

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37-2-10. (a) Notwithstanding any other provisions of the law, the director commissioner with the concurrence of the commissioner and the Governor is authorized to establish and administer community programs on an emergency basis in the event one or more community service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services or to provide appropriate disability services as determined by the division department or substantially breach their contracts with the department pursuant to this chapter. (b) Upon notification by a community service board of an inability to provide an adequate range of disability services or to provide appropriate services, the director commissioner, with concurrence of the commissioner and the Governor, may:
(1) Assume responsibility for the administration and operation of all of the community programs operated by or through such board and, in which case, the programs shall become department programs; the department shall acquire the assets of the community service board; and the community service board employees shall become employees of the department; or (2) Assume responsibility for the administration and operation of one or more of the community programs operated by or through such board, in which case, such program or programs shall become a department program or programs; the department shall acquire those assets of the community service board assigned to such program or programs; and the employees of such program or programs shall become employees of the department. Any community service board programs not transferred to the department shall continue to be operated by the community service board and the employees for such programs shall remain community service board employees. (c)(1) Notwithstanding any other provisions of the law, in extenuating circumstances, the director commissioner with the concurrence of the commissioner and the Governor is authorized to appoint a manager or management team to manage and operate the programs and services of the community service board if the director commissioner finds that the community service board:
(A) Provides notice pursuant to Code Section 37-2-6.5 that such board intends to cease operations; (B) Intentionally, recklessly, or negligently failed to discharge its duties pursuant to a contract with the department; (C) Misused state or federal funds; (D) Engaged in a fraudulent act, transaction, practice, or course of business; (E) Endangered the life, safety, or health of a consumer served by the community service board; (F) Failed to keep fiscal records and maintain proper control over its assets; (G) Failed to respond to a substantial deficiency in a review or audit; (H) Otherwise substantially failed to comply with this chapter or the rules or standards of the department or division; or (I) No longer has the fiscal ability to continue to provide contracted services and, without the intervention of the department, continued provision of disability

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services or health services to consumers in the service area is in immediate jeopardy. (2) In order to carry out the provisions of paragraph (1) of this subsection, the director commissioner shall give written notice to the community service board regarding the appointment of a manager or management team and the circumstances on which the appointment is based. The director commissioner may require the community service board to pay costs incurred by the manager or management team. (3) Subject to the determination of the director commissioner, a manager or management team appointed pursuant to this subsection may: (A) Evaluate, redesign, modify, administer, supervise, or monitor a procedure, operation, or the management of the community service board; (B) Hire, supervise, discipline, reassign, or terminate the employment of an employee of the community service board; (C) Reallocate the resources and manage the assets of the community service board; (D) Require that a financial transaction, expenditure, or contract for goods and services be approved by the manager or management team; (E) Redesign, modify, or terminate a program or service of the community service board; (F) Direct the members of the community service board, the executive director, chief financial officer, or any other administrative or program manager to take an action; (G) Exercise a power, duty, authority, or function of the community service board as authorized by this chapter; (H) Recommend to the director commissioner the removal of a member or the executive director of the community service board; and the provisions of any law to the contrary notwithstanding, the director commissioner may remove such member or executive director from office; and (I) Report at least monthly to the director commissioner on actions taken. (4) A manager or management team appointed pursuant to this subsection may not use or dispose of any asset or funds contributed to the community service board by the governing authority of a county or municipal corporation without the approval of such governing authority. (5) If a manager or management team is appointed pursuant to this Code section, the department may: (A) Upon a determination that the conditions that gave rise to the appointment of a manager or management team pursuant to this subsection have been met and that such manager or management team is no longer necessary, terminate the authority delegated to such manager or management team and restore authority to the community service board to manage and operate the services and programs of the community service board; or (B) Operate and manage the programs of the community service board until such time as arrangements can be made to secure one or more alternative service

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providers to assume responsibility for the provision of services previously provided by the community service board. If this option is exercised, the department shall petition the appropriate superior court for appointment of a receiver pursuant to subsection (d) of Code Section 37-2-6.5. (6) Nothing in this subsection shall be construed to prohibit the department from canceling a contract with a community service board.
37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division department and the regional offices shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division. (b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the division department, shall be reported to the division department and applied wherever appropriate against the cost of providing, and increasing the quantity and quality of, disability services; provided, however, that income to a community service board derived from fees may be used to further the purposes of such community service board as found in Code Section 37-3-6.1, subject to appropriations. The division department shall be responsible for developing procedures to properly account for the collection, remittance, and reporting of generated fees. The division department shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service boards or the division department; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources. (c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay; provided, however, unless otherwise prohibited by law or contract, providers of disability services may deny nonemergency disability services to any person who is able to pay, but who refuses to pay. The division department shall develop a state-wide sliding fee scale for the provision of disability services and shall promulgate standards that define emergency disability services and refusal to pay.
37-2-11.1. (a) Venue for the purpose of any action against a community service board shall be the county in which the principal office of the community service board is located. For

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purposes of this Code section, 'principal office' shall be defined as the facility which houses the executive director or other such top administrator for the community service board. (b) In any legal proceeding, a regional planning board or the regional office shall be considered a unit of the division department and shall be afforded the assistance of legal counsel from the Attorney General.
(c)(1) The community service boards shall be public bodies but shall not be considered agencies of the state or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board. Notwithstanding any provisions of law to the contrary, and regardless of any provisions of law which grant employees of the community service boards benefits under programs operated by the state or which deem them to be state employees only for purposes of those benefits, employees of the community service boards shall not be employees of the state but shall be employees of the community service boards and, further, the state shall not be liable for any action, error, or omission of such employees. (2) A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the community service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, defense, and insuring of members and employees of public bodies.
37-2-11.2. (a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the department, the Department of Human Resources Services, the Department of Community Health, or a regional office shall be required to provide the department or the appropriate regional office or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the department, the Department of Human Resources Services, or the Department of Community Health or pursuant to the provisions of this title. (b) Records obtained pursuant to subsection (a) of this Code section shall not be considered public records and shall not be released by the department, the Department of Human Services, the Department of Community Health, or any regional office unless otherwise specifically authorized by law. (c) The community service board shall maintain a clinical record for each consumer receiving treatment or habilitation services from such board. The treatment of clinical records of consumers in receiving services for mental illness shall be governed by the provisions of Code Section 37-3-166. The treatment of clinical records of consumers receiving habilitation services for developmental disabilities shall be governed by the

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provisions of Code Section 37-4-125. The treatment of clinical records of consumers in treatment for addictive diseases shall be governed by the provisions of Code Section 37-7-166."
SECTION 3-2. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Department of Human Resources" wherever it occurs with "Department of Behavioral Health and Developmental Disabilities":
(1) Code Section 15-11-73, relating to juvenile traffic offenses; (2) Code Section 15-11-152, relating to ordering an evaluation of a child's mental condition; (3) Code Section 16-7-83, relating to persons convicted or under indictment for certain offenses; (4) Code Section 16-11-129, relating to license to carry pistol or revolver; (5) Code Section 17-7-130, relating to proceedings upon plea of mental incompetency to stand trial; (6) Code Section 17-7-131, relating to proceedings upon plea of insanity or mental incompetency at time of crime; (7) Code Section 26-4-5, relating to definitions relative to the "Georgia Pharmacy Practice Act"; (8) Code Section 33-24-28, relating to termination of coverage of dependent child upon attainment of specified age; (9) Code Section 37-3-146, relating to education of children undergoing treatment in a facility for persons who are mentally ill; (10) Code Section 37-3-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (11) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (12) Code Section 37-4-110, relating to appeal rights of clients, their representatives, or attorneys relating to habilitation of mentally retarded persons; (13) Code Section 37-5-4, relating to applicability of the "Community Services Act for the Mentally Retarded"; (14) Code Section 37-5-7, relating to duty of the Department of Human Resources to provide consulting and financial assistance to county boards of health; (15) Code Section 37-7-3, relating to coordination of state drug and alcohol abuse programs; (16) Code Section 37-7-146, relating to education of children undergoing treatment in a facility for persons who are alcoholics, drug dependent individuals, or drug abusers; (17) Code Section 37-7-150, relating to right to appeal orders of probate court, juvenile court, or hearing examiner; (18) Code Section 40-5-82, relating to administration of the Driver Improvement Program;

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(19) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board; (20) Code Section 42-8-35.3, relating to conditions of probation for stalking or aggravated stalking; (21) Code Section 42-9-41, relating to duty of the State Board of Pardons and Paroles to obtain and place in records information respecting persons subject to relief or placed on probation; (22) Code Section 43-12A-5, relating to provider centers that engage in the practice of providing, installing, or monitoring ignition interlock devices not to operate under any name deceptively similar to another business; (23) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (24) Code Section 49-5-221, relating to definitions relative to children and adolescents with severe emotional problems; (25) Code Section 49-5-223, relating to the State Plan for the Coordinated System of Care for children and adolescents with severe emotional problems; (26) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care; (27) Code Section 49-5-227, relating to the Governor's Office for Children and Families to comment on the State Plan for Coordinated System of Care and provide recommendations; and (28) Code Section 50-27-24, relating to lottery prize proceeds subject to state income tax.
SECTION 3-3. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "commissioner of human resources" wherever it occurs with "commissioner of behavioral health and developmental disabilities":
(1) Code Section 42-1-13, relating to the Sexual Offender Registration Review Board; and (2) Code Section 49-5-224, relating to the submission by the commissioner of human resources of an annual report on the State Plan for the Coordinated System of Care;
SECTION 3-4. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources" wherever it occurs with "Department of Behavioral Health and Developmental Disabilities":
(1) Code Section 15-11-149, relating to disposition of mentally ill or mentally retarded child; (2) Code Section 40-5-64, relating to limited driving permits for certain offenders; (3) Code Section 45-18-5.2, relating to sheltered employment center employees; and

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(4) Code Section 49-4A-9, relating to sentence of youthful offenders.
SECTION 3-5. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mentally retarded" or "Mentally Retarded" wherever it occurs with "developmentally disabled" or "Developmentally Disabled", respectively:
(1) Code Section 31-22-9.1, relating to who may perform HIV tests; (2) Code Section 35-1-8, relating to the acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons; (3) Code Section 37-4-1, relating to the declaration of policy relating to the habilitation of mentally retarded persons generally; (4) Code Section 37-4-3, relating to the authority of the board of human resources to issue regulations relating to the habilitation of mentally retarded persons generally; (5) Code Section 37-4-4, relating to coordination of training programs for the mentally retarded; (6) Code Section 37-4-5, relating to validity of hospital orders entered before September 1, 1978; (7) Code Section 37-4-8, relating to approval of private facilities; (8) Code Section 37-4-20, relating to examination of minor children; (9) Code Section 37-4-21, relating to admission of mentally retarded persons to facilities for purposes of temporary supervision and care; (10) Code Section 37-4-22, relating to admission of persons to facilities for dental services; (11) Code Section 37-4-40, relating to filing petition with the court for according of program of services to mentally retarded person; (12) Code Section 37-4-40.1, relating to certification that a person requires temporary care; (13) Code Section 37-4-40.2, relating to admission or discharge of a person in custody of a state facility for temporary care; (14) Code Section 37-4-42, relating to procedure for continuation of court ordered habilitation; (15) Code Section 37-4-62, relating to transfer of clients to custody of federal agencies for services; (16) Code Section 37-4-120, relating to individual dignity of clients to be respected; (17) Code Section 37-4-123, relating to recognition of clients' physical integrity; (18) Code Section 37-5-1, relating to the short title; (19) Code Section 37-5-2, relating to declaration of policy relative to community services for the mentally retarded; (20) Code Section 37-5-4, relating to applicability of chapter; (21) Code Section 37-5-5, relating to duty of county board of health to provide community services;

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(22) Code Section 37-5-6, relating to county or health district plan for community services; (23) Code Section 37-5-7, relating to duty of department to provide consulting and financial assistance to county boards of health; (24) Code Section 37-6-2, relating to participation by department in financing of daycare centers for mentally retarded children; (25) Code Section 37-6-3, relating to participation by department in financing of daycare centers generally; (26) Code Section 37-6-4, relating to grants-in-aid to county board of health for purchase of services from private day-care centers; (27) Code Section 37-6-6, relating to inspection and approval of day-care centers; (28) Code Section 37-6-7, relating to departmental standards for day-care centers; (29) Code Section 37-9-6, relating to standards for determination of assessments for less than full cost of care; (30) Code Section 45-9-4.2, relating to liability coverage for nonprofit agencies providing services to the mentally retarded; (31) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (32) Code Section 49-4-80, relating to definitions relative to aid to the disabled.
SECTION 3-6. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "developmental disability":
(1) Code Section 31-12-3.2, relating to meningococcal disease; (2) Code Section 31-32-4, relating to the advance directives for health care form; (3) Code Section 33-24-28, relating to termination of coverage of dependent child upon attainment of specified age; (4) Code Section 37-4-40.4, relating to evaluation of a person in custody of a state facility for temporary care; (5) Code Section 37-4-61, relating to transportation of clients generally; (6) Code Section 49-4-31, relating to definitions relative to old-age assistance; (7) Code Section 49-4-51, relating to definitions relative to the "Aid to the Blind Act"; and (8) Code Section 49-4-80, relating to definitions relative to aid to the disabled.
SECTION 3-7. The following Code sections of the Official Code of Georgia Annotated are amended by replacing "mental retardation" wherever it occurs with "a developmental disability":
(1) Code Section 31-20-3, relating to sterilization of mentally incompetent persons; (2) Code Section 37-4-80, relating to effect of inability to pay on right to habilitation services; (3) Code Section 37-4-100, relating to retention of rights and privileges by clients generally; and

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(4) Code Section 37-4-122, relating to client's care and treatment rights.
SECTION 3-8. Code Section 30-8-1 of the Official Code of Georgia Annotated, relating to the Governor's Council on Developmental Disabilities, is amended as follows:
"30-8-1. (a) There is created the Governor's Georgia Council on Developmental Disabilities. The council shall serve as the designated state agency and state planning council for purposes of carrying out the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, relating to programs for persons with developmental disabilities. (b) The members of the council shall be appointed by the Governor from among the residents of the state, and the composition of the council shall comply with the membership requirements of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. The Governor shall consider appointing to the council persons representing a broad range of individuals with developmental disabilities and individuals interested in programs for the developmentally disabled. To the extent feasible, appointments to the council shall be made with a view toward equitable geographic, racial, and ethnic representation. (c) Each member shall serve for a term of four years or until a successor is appointed. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments. The council shall elect its own chairperson and such other officers as it deems necessary. The council may adopt rules and procedures and shall meet at the call of the chairperson. (d) The Governor's Georgia Council on Developmental Disabilities shall:
(1) Develop and implement a state plan, which includes the specification of federal and state priority areas, to address on a state-wide and comprehensive basis the need for services, support, and other assistance for individuals with developmental disabilities and their families; (2) Monitor, review, and evaluate, not less than annually, the implementation and effectiveness of the plan; (3) Submit to the United States secretary of health and human services, through the Governor, such plan and periodic reports on the council's activities as the secretary finds necessary; (4) Receive, account for, and disburse funds paid to the state pursuant to the provisions of Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, and as authorized by the approved state plan; (5) To the maximum extent feasible, review and comment on all plans in the state which relate to programs affecting persons with developmental disabilities; (6) Serve as an advocate for persons with developmental disabilities; (7) Advise the Governor, the General Assembly, and all other state agencies in matters relating to developmentally disabled persons; and

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(8) Fulfill the responsibilities and meet the requirements of a designated state agency and of a state planning council as provided by Chapter 75 of Title 42 of the United States Code, as now or hereafter amended. (e) The Governor's Georgia Council on Developmental Disabilities shall be attached to the Department of Human Resources Behavioral Health and Developmental Disabilities for administrative purposes only as provided in Code Section 50-4-3. The council shall recruit and hire staff as provided by law and as the council determines necessary to carry out its duties. All costs incurred by the council shall be covered by funds paid to the state under Chapter 75 of Title 42 of the United States Code, as now or hereafter amended, except that members who are state employees shall be reimbursed for their expenses by their agency in the same manner as other state employees. Members who are not state employees shall be reimbursed for their actual expenses, including travel and any other expenses incurred in performance of their council duties, from funds appropriated to the Department of Human Resources Behavioral Health and Developmental Disabilities."
SECTION 3-9. Code Section 31-3-12.1 of the Official Code of Georgia Annotated, relating to contracts between county boards, is amended as follows:
"31-3-12.1. (a) In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with the department Department of Behavioral Health and Developmental Disabilities or a community mental health, developmental disabilities, and addictive diseases service board created under Chapter 2 of Title 37 to provide certain mental health, developmental disabilities, and addictive diseases services based on the contractual agreement between the parties. In the event that the county governing authority exercises the authority granted by this subsection, the county board of health shall appoint a director for mental health, developmental disabilities, and addictive diseases or a supervisor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by this subsection. The director for mental health, developmental disabilities, and addictive diseases, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, developmental disabilities, and addictive diseases or such supervisor of the specific service shall report directly to the county board of health and shall have no formal reporting relationship with the director of the county board of health. (b) Pursuant to subsection (e) of Code Section 37-2-6, a county governing authority may authorize the membership of a county board of health to serve as the membership of a community mental health, developmental disabilities, and addictive diseases service board, provided that the county governing authority, the county board of health, and any other affected county governing authority act pursuant to subsection (e) of

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Code Section 37-2-6. If the membership of a county board of health exercises the authority granted pursuant to this subsection and Chapter 2 of Title 37 to serve as the membership of a community service board, the membership of the county board of health shall constitute the membership of the community service board and, at any time that such members are exercising duties and powers related to mental health, developmental disabilities, and addictive diseases, the community service board shall be an independent agency and shall operate in accordance with the provisions of Title 37 as a community service board. Notwithstanding any provisions of law to the contrary, a community service board and a county board of health which have the same membership may contract with each other, provided that any such contract is approved by the department and the Department of Behavioral Health and Developmental Disabilities prior to adoption."
SECTION 3-10. Code Section 35-3-34.1 of the Official Code of Georgia Annotated, relating to circumstances when exonerated first offender's criminal record may be disclosed, is amended by revising paragraph (3) of subsection (a) as follows:
"(3) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 37-1-1 or mentally retarded developmentally disabled as defined in Code Section 37-4-2 37-1-1, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering."
SECTION 3-11. Code Section 37-2-30 of the Official Code of Georgia Annotated, relating to definitions relative to the office of disability services ombudsman, is amended by revising paragraph (3) as follows:
"(3) 'Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2 37-1-1 and shall include natural persons who are seeking disability services."
SECTION 3-12. Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions relative to the examination and treatment for mental illness, is amended by revising paragraphs (11) and (12) and repealing paragraph (14.2) as follows:
"(11) 'Mentally ill' means having a disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life. Reserved." "(12) 'Mentally ill person requiring involuntary treatment' means a mentally ill person who is an inpatient or an outpatient." "(14.2) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community

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programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3."
SECTION 3-13. Code Section 37-4-2 of the Official Code of Georgia Annotated, relating to definitions relative to the habilitation of the mentally retarded, is amended as follows:
"37-4-2. As used in this chapter, the term:
(1) 'Client' means any mentally retarded person with a developmental disability who seeks habilitation under this chapter or any person for whom such habilitation is sought. (2) 'Clinical record' means a written record pertaining to an individual client and includes habilitation record, progress notes, charts, admission and discharge data, and all other information which is recorded by a facility and which pertains to the client's habilitation. Such other information as may be required by rules and regulations of the board shall also be included. (3) 'Community services' means all services deemed reasonably necessary by the Department of Human Resources Behavioral Health and Developmental Disabilities to provide for the education, training, habilitation, and care of mentally retarded developmentally disabled individuals. Such services shall include, but not be limited to, diagnostic and evaluation services, day-care and training services, work activity services, community residential services such as group family care homes, transportation services, social services, medical services, and specified home services. (4) 'Comprehensive evaluation team' or 'comprehensive habilitation team' means and shall consist of a group of persons with special training and experience in the assessment of needs and provision of services for mentally retarded developmentally disabled persons, which group shall include, at a minimum, persons qualified to provide social, psychological, medical, and other services. The department shall specify the qualifications of the individuals who compose comprise a comprehensive evaluation team or a comprehensive habilitation team and shall ensure that such teams are located throughout the state so as to provide diagnostic, evaluation, and habilitation services for all citizens of Georgia. (5) 'Court' means:
(A) In the case of an individual who is 17 years of age or older, the probate court of the county of residence of the client or the county in which such client is found. Notwithstanding Code Section 15-9-13, in any case in which the judge of said probate court is unable to hear a case brought under this chapter within the time required for such hearing, said judge shall appoint a person to serve and exercise all the jurisdiction of the probate court in such case. Any person so appointed shall be

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a member of the State Bar of Georgia and shall be otherwise qualified for his or her duties by training and experience. Such appointment may be made on a case-bycase basis or by making a standing appointment of one or more persons. Any person receiving such standing appointment shall serve at the pleasure of the judge making the appointment or his the judge's successor in office to hear such cases if and when necessary. The compensation of a person so appointed shall be as agreed upon by the judge who makes the appointment and the person appointed with the approval of the governing authority of the county for which such person is appointed and shall be paid from the county funds of said county. All fees collected for the services of such appointed person shall be paid into the general funds of the county served; or (B) In the case of an individual who is under the age of 17 years, the juvenile court of the county of residence of the client or the county in which such client is found. (6) 'Developmentally disabled person in need of community services' means a developmentally disabled person who, after comprehensive evaluation, is found to be in need of community services as defined in Code Section 37-5-3. (7) 'Developmentally disabled person requiring temporary and immediate care' means a person who is developmentally disabled, and: (A) Who presents a substantial risk of imminent harm to himself or herself or others; (B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. (6)(8) 'Facility' means any state owned or state operated institution utilized 24 hours a day for the habilitation and residence of persons who are mentally retarded developmentally disabled, any facility operated or utilized for such purpose by the United States Department of Veterans Affairs or any other federal agency, and any other facility within the State of Georgia approved for such purpose by the department. (7)(9) 'Full and fair hearing' or 'hearing' means a proceeding before a hearing examiner, under Code Section 37-4-42, or before a court, as defined in paragraph (5) of this Code section. The hearing may be held in a regular courtroom or in an informal setting, in the discretion of the hearing examiner or the court, but the hearing shall be recorded electronically or by a qualified court reporter. The client shall be provided with effective assistance of counsel. If the client cannot afford counsel, the court shall appoint counsel for him or her or the hearing examiner shall have the court appoint such counsel. The client shall have the right to confront and cross-examine witnesses and to offer evidence. The client shall have the right to subpoena witnesses and to require testimony before the hearing examiner or in court in person or by deposition from any physician upon whose evaluation the decision of the hearing examiner or the court may rest. The client shall have the right to obtain a continuance for any reasonable time for good cause shown. The hearing examiner and the court

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shall apply the rules of evidence applicable in civil cases. The burden of proof shall be upon the party seeking treatment of the client. The standard of proof shall be by clear and convincing evidence. At the request of the client, the public may be excluded from the hearing; and the client need not be present if the court consents; in either of these events, the record shall reflect the reason for the hearing examiner's or the court's action. (8)(10) 'Habilitation' means the process by which program personnel help clients acquire and maintain those life skills which will enable them to cope more effectively with the demands of their own persons and of their environment and to raise the level of their physical, mental, social, and vocational abilities. (9)(11) 'Individualized program plan' means a proposed habilitation program written in behavioral terms, developed by the comprehensive evaluation team, and specifically tailored to the needs of an individual client. Each plan shall include:
(A) A statement of the nature of the client's specific problems and specific needs; (B) A description of intermediate and long-range habilitation goals and a projected timetable for their attainment; (C) A description of the proposed habilitation program and its relation to habilitation goals; (D) Identification of the facility and types of professional personnel responsible for execution of the client's habilitation program; (E) A statement of the least restrictive environment necessary to achieve the purposes of habilitation, based upon the needs of the client; (F) An explanation of criteria for acceptance or rejection of alternative environments for habilitation; and (G) Proposed criteria for release of the client into less restrictive habilitation environments upon obtaining specified habilitation goals. (10)(12) 'Least restrictive alternative,' 'least restrictive environment,' or 'least restrictive appropriate habilitation' means that which is the least restrictive available alternative, environment, or appropriate habilitation, as applicable, within the limits of state funds specifically appropriated therefor. (11) 'Mental retardation' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (12) 'Mentally retarded person' means a person having a significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period. (13) 'Mentally retarded person in need of community services' means a mentally retarded person who, after comprehensive evaluation and a hearing, is found to be in need of community services as defined in Code Section 37-5-3. (13.1) 'Mentally retarded person requiring temporary and immediate care' means a person who is mentally retarded, and: (A) Who presents a substantial risk of imminent harm to himself or others;

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(B) Who is in need of immediate care, evaluation, stabilization, or treatment for certain developmental, medical, or behavioral needs; and (C) For whom there currently exists no available, appropriate community residential setting for meeting the needs of the person. (14)(13) 'Person in charge of a client's habilitation' means a superintendent or regional state hospital administrator of a facility, a case manager, or any other service provider designated by the department to have overall responsibility for implementation of a client's individualized program plan. The department shall designate such a person for each individual ordered to receive services from the department under this chapter. (14.1) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3. (15)(14) 'Representatives' means the persons appointed as provided in Code Section 37-4-107 to receive any notice under this chapter. (16)(15) 'Superintendent' means the chief administrative officer who has overall management responsibility at any facility, other than a regional state hospital or state owned or operated community program, receiving mentally retarded developmentally disabled persons under this chapter or an individual appointed as the designee of such superintendent."
SECTION 3-14. Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to filing petitions with the court for according of program services to a mentally retarded person, is amended by revising subsections (a) and (d) as follows:
"(a) Any person may file a petition for a court ordered program of services from the department for a mentally retarded developmentally disabled citizen of this state. Such petition shall be executed under oath in the court of the county in which the allegedly mentally retarded developmentally disabled person is a resident or where such person is found. The petition shall assert that the petitioner believes that the client is mentally retarded developmentally disabled and (1) that the petitioner is the parent, guardian, or person standing in loco parentis of the client for whom habilitative services are being sought and that the petitioner is unable to obtain adequate and appropriate programs and services as defined in paragraph (1) of Code Section 37-5-3 and Code Section 20-2131 to meet the needs of the client or (2) that the petitioner believes that the parent, guardian, or person acting in loco parentis has failed or is unable to secure adequate and appropriate programs and services as defined in paragraph (1) of Code Section 37-5-3 and Code Section 20-2-131 to meet the needs of the client. The petition shall set forth

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the alleged facts upon which the above assertions are based, the names and addresses, if known, of any witnesses who can allege relevant facts, and, if known, the names and addresses of the nearest relatives and the guardian, if any, of the client." "(d) If a majority of the evaluation team does not find the allegedly mentally retarded developmentally disabled person to be mentally retarded developmentally disabled and in need of being ordered to receive such services from the department or if a majority of the comprehensive evaluation team finds the client to be a mentally retarded developmentally disabled person in need of court ordered services from the department, the court shall set a hearing on the petition and shall serve notice of such hearing on the petitioner, on the prospective client, and on his representatives or guardian as provided in Code Section 37-4-107; and such notice shall be served within 72 hours after the filing of the report by the evaluation team. Such notice shall be accompanied by:
(1) A copy of the petition; (2) A notice that the client has a right to counsel and that the client or his representatives may apply immediately to the court to have counsel appointed if the client cannot afford counsel and that the court will appoint counsel for the client unless the client either indicates in writing that he will have retained counsel by the time set for hearing or waives his right to counsel; (3) A copy of the individualized program plan developed by the evaluation team under subsection (c) of this Code section; and (4) A notice that the client has a right to be examined by a comprehensive evaluation team of his own choice at his own expense and to have that team submit a suggested individualized program plan for the client which conforms with the requirements of paragraph (9) (11) of Code Section 37-4-2. The hearing shall be held no sooner than ten days and no later than 15 days, Saturdays, Sundays, and holidays excepted, after the date the evaluation team report is filed. The court shall grant a continuance upon application by the client or his representatives, if necessary, to permit preparation for the hearing."
SECTION 3-15. Code Section 37-4-109 of the Official Code of Georgia Annotated, relating to establishment of patients and staff complaint procedure, is amended as follows:
"37-4-109. The department shall establish procedures whereby complaints of the client or complaints of the staff concerning admission, treatment, or habilitation can be speedily heard. Clients shall receive reasonable notice of such procedures. Final decisions shall be made by the superintendent, the regional state hospital administrator, or an advisory committee, whichever is appropriate, with the right of appeal to the director of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases commissioner or his or her designee. The board shall establish rules and regulations for the implementation of such procedures. However, the client shall not be required to utilize these procedures in lieu of other available legal remedies."

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SECTION 3-16. Code Section 37-5-3 of the Official Code of Georgia Annotated, relating to definitions relative to community services for the mentally retarded, is amended as follows:
"37-5-3. As used in this chapter, the term:
(1) 'Community community services' means all community-based services a coordinated, consumer and family centered, consumer and family directed, and comprehensive system of community services, individualized supports, and other forms of assistance that enable individuals with developmental disabilities to exercise self-determination, be independent, be productive, and be integrated and included in all facets of community life. Such services shall include those deemed reasonably necessary by the department to provide for education, training, rehabilitation, and care of mentally retarded individuals with developmental disabilities and shall include but not be limited to: diagnostic and evaluation services; day-care and training services; work-activity services; support coordination, day support, and personal support services; supportive employment services; community residential services such as group family-care homes, community living arrangements, and host homes; transportation services incidental to educational, training, and rehabilitation services; technology and durable equipment support and services; social services; medical services; and specified home services. (2) 'Mentally retarded individual' means a person whose ability to care for himself is substantially impaired by mental retardation or by a neurological dysfunction associated with mental retardation. (3) 'Mental retardation' means a state of significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and originating in the developmental period."
SECTION 3-17. Code Section 37-5-10 of the Official Code of Georgia Annotated, relating to timetable for implementation of this chapter, is amended as follows:
"37-5-10. The department shall employ sufficient professional and nonprofessional persons to assure full implementation of this chapter by June 30, 1978. All community services specified in paragraph (1) of Code Section 37-5-3 shall be made available for all mentally retarded individuals by June 30, 1978."
SECTION 3-18. Code Section 37-6-1 of the Official Code of Georgia Annotated, relating to definitions relative to day-care centers for the mentally retarded, is amended as follows:
"37-6-1. As used in this chapter, the term:

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(1) 'Day-care day-care center' means any facility that is operated and maintained for and is qualified to furnish care and training to mentally retarded individuals with developmental disabilities on less than a 24 hour basis. (2) 'Mentally retarded individual' means any individual who is suffering from mental retardation. (3) 'Mental retardation' means a state of subaverage general intellectual functioning which originates during the developmental period and is associated with impairment in adaptive behavior."
SECTION 3-19. Code Section 37-7-1 of the Official Code of Georgia Annotated, relating to definitions relative to hospitalization of alcoholics, is amended by revising paragraph (17.2) as follows:
"(17.2) 'Regional state hospital administrator' means the chief administrative officer of a state owned or state operated hospital and the state owned or operated community programs in a region. The regional state hospital administrator, under the supervision of the regional coordinator, has overall management responsibility for the regional state hospital and manages services provided by employees of the regional state hospital and employees of state owned or operated community programs within a mental health, developmental disabilities, and addictive diseases region established in accordance with Code Section 37-2-3.
SECTION 3-20. Code Section 37-9-2 of the Official Code of Georgia Annotated, relating to definitions relative to payment of expenses for support, treatment, and care of patients in institutions generally, is amended by revising paragraph (6) as follows:
"(6) 'State hospital' means any state hospital which now or hereafter comes under the control of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the department and any facility operated in conjunction therewith."
SECTION 3-21. Code Section 37-10-2 of the Official Code of Georgia Annotated, relating to the Interstate Compact on Mental Health, is amended by revising Article XV as follows:
"Article XV.
(a) Pursuant to said compact, the Commissioner of Human Resources Behavioral Health and Developmental Disabilities, or his delegate, is hereby designated to be the compact administrator. The compact administrator, acting jointly with like officers of other party States, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the

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proper administration of the compact or any supplementary agreement or agreements entered into by this State thereunder. (b) The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other States pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this State or require or contemplate the provision of any service of this State, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service. (c) The compact administrator, using funds appropriated to the Department of Human Resources Behavioral Health and Developmental Disabilities and the Department of Community Health, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the compact or by any supplementary agreement entered into thereunder. (d) Duly authenticated copies of this Act shall be transmitted by the Secretary of State of the State of Georgia to the Governor of each State, to the Attorney General and the Administrator of General Services of the United States, and to the Council of State Governments, and to the Veterans' Administration. (e) The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transfer from an institution in this State to an institution in another party State, to take no final action without notice to the admitting court or in case of admission other than by a court, then notice to the admitting medical facility is required. (f) In the administration of this compact, the compact administrator shall in no way abridge the rights or privileges of any patient to appeal to the courts for a hearing as provided under the laws of Georgia."
SECTION 3-22. Code Section 40-16-5 of the Official Code of Georgia Annotated, relating to authority of the commissioner of driver services, is amended by revising paragraph (5) of subsection (d) as follows:
"(5) All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources (now known as the Department of Behavioral Health and Developmental Disabilities for these purposes) to the Department of Driver Services."
SECTION 3-23. Code Section 42-5-52 of the Official Code of Georgia Annotated, relating to classification and separation of inmates generally, is amended by revising subsections (d), (e), and (f) as follows:
"(d) The department is authorized to transfer a mentally diseased inmate from a state or county correctional institution or other facility operating under its authority to a

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criminal ward or facility of the Department of Human Resources Behavioral Health and Developmental Disabilities. The inmate shall remain in the custody of the Department of Human Resources Behavioral Health and Developmental Disabilities until proper officials of the facility at which he the inmate is detained declare that his or her sanity has been restored, at which time the inmate shall be returned to the custody of the department. At any time after completion of his or her sentence, an inmate detained by the Department of Human Resources Behavioral Health and Developmental Disabilities on the grounds that he or she is mentally diseased may petition for release in accordance with the procedure provided in Chapter 3 of Title 37. Prior to completion of his or her sentence, this procedure shall not be available to him the inmate. (e) Upon being presented with a proper certification from the county physician of a county where a person has been sentenced to confinement that the person sentenced is addicted to drugs or alcohol to the extent that his the person's health will be impaired or his life endangered if immediate treatment is not rendered, the department shall transfer the inmate to the custody of the Department of Human Resources Behavioral Health and Developmental Disabilities. The inmate shall remain in such custody until officials of the Department of Human Resources Behavioral Health and Developmental Disabilities determine he the inmate is able to serve his or her sentence elsewhere. (f) The department may transfer any inmate afflicted with active tuberculosis from any state or county correctional institution, or any other facility operating under the authority of the department, to a tubercular ward or facility specially provided and maintained for criminals by the department at a tuberculosis facility or facilities operating under the Department of Human Resources Community Health."
SECTION 3-24. Code Section 42-5-52.1 of the Official Code of Georgia Annotated, relating to submission to HIV test of inmates, is amended by revising subsection (c) as follows:
"(c) No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Department of Human Resources (now known as the Department of Behavioral Health and Developmental Disabilities) under Code Section 42-5-52, if that person has not submitted to an HIV test following that person's most recent commitment to the custody of the commissioner and unless that person is in such custody because of having committed an AIDS transmitting crime and has already submitted to an HIV test pursuant to Code Section 17-10-15."
SECTION 3-25. Code Section 42-8-63.1 of the Official Code of Georgia Annotated, relating to discharges disqualifying individuals from employment, is amended by revising paragraph (4) of subsection (a) as follows:

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"(4) The request for information is an inquiry about a person who has applied for employment with a facility as defined in Code Section 37-3-1 or 37-4-2 that provides services to persons who are mentally ill as defined in Code Section 37-3-1 37-1-1 or mentally retarded developmentally disabled as defined in Code Section 37-4-2 37-1-1, and the person who is the subject of the inquiry to the center was prosecuted for the offense of sexual battery, incest, pimping, or pandering."
SECTION 3-26. Code Section 49-5-220 of the Official Code of Georgia Annotated, relating to legislative findings and intent with respect to children and adolescents with severe emotional problems, is amended as follows:
"49-5-220. (a) The General Assembly declares its intention and desire to:
(1) Ensure a comprehensive mental health program consisting of early identification, prevention, and early intervention for every child in Georgia; (2) Preserve the sanctity of the family unit; (3) Prevent the unnecessary removal of children and adolescents with a severe emotional disturbance from their homes; (4) Prevent the unnecessary placement of these children out of state; (5) Bring those children home who through use of public funds are inappropriately placed out of state; and (6) Develop a coordinated system of care so that children and adolescents with a severe emotional disturbance and their families will receive appropriate educational, nonresidential and residential mental health services, and support services, as prescribed in an individualized plan. (b) In recognition of the fact that services to these children are provided by several different agencies, each having a different philosophy, a different mandate, and a different source of funding, the General Assembly intends that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health and Developmental Disabilities shall have the primary responsibility for planning, developing, and implementing the coordinated system of care for severely emotionally disturbed children. Further, it recognizes that to enable severely emotionally disturbed children to develop appropriate behaviors and demonstrate academic and vocational skills, it is necessary that the Department of Education provide appropriate education in accordance with P.L. 94-142 and that the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health and Developmental Disabilities provide mental health treatment. (c) Further, in recognition that only a portion of the children needing services are receiving them and in recognition that not all the services that comprise a coordinated system of care are currently in existence or do not exist in adequate numbers, the General Assembly intends that the Department of Human Resources Department of Behavioral Health and Developmental Disabilities and the Department of Education

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jointly develop and implement a State Plan for the Coordinated System of Care for severely or emotionally disturbed children or adolescents as defined in paragraph (10) of Code Section 49-5-221. (d) The commissioner of the Department of Human Resources behavioral health and developmental disabilities and the State School Superintendent shall be responsible for the development and implementation of the state plan. (e) The commissioner of the Department of Human Resources behavioral health and developmental disabilities shall be responsible for preparing this jointly developed state plan for publication and dissemination. The commissioner of the Department of Human Resources behavioral health and developmental disabilities shall also be responsible for preparing for publication and dissemination the annual report. (f) The receipt of services under this article is not intended to be conditioned upon placement of a child in the legal custody, protective supervision, or protection of the Department of Human Resources Department of Human Services."
SECTION 3-27. Code Section 49-5-225 of the Official Code of Georgia Annotated, relating to local interagency committees with respect to children and adolescents with severe emotional problems, is amended by revising subsection (a) as follows:
"(a) At least one local interagency committee shall be established for each region of the Division of Mental Health, Developmental Disabilities, and Addictive Diseases of the Department of Human Resources Department of Behavioral Health and Developmental Disabilities whose permanent membership shall include a local representative from each of the following:
(1) The community mental health agency responsible for coordinating children's services; (2) The Division of Family and Children Services of the Department of Human Resources Services; (3) The Department of Juvenile Justice; (4) The Division of Public Health of the Department of Human Resources Community Health; (5) A member of the special education staff of the local education agency; (6) The Division of Rehabilitation Services of the Department of Labor."
PART IV Effective Date and Repealer.
SECTION 4-1. This Act shall be effective on July 1, 2009.
SECTION 4-2. All laws and parts of laws in conflict with this Act are repealed.

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Representative Butler of the 18th moved that the House adopt the report of the Committee of Conference on HB 228.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black
Brooks N Bruce
Bryant N Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan E Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H N Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin N Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard
Hudson N Hugley Y Jackson E Jacobs
James Y Jerguson
Johnson, C Y Johnson, T Y 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
Lindsey N Long E Loudermilk Y Lucas N Lunsford Y Maddox, B
Maddox, G N Mangham

On the motion, the ayes were 130, nays 27.

Y Manning Y Marin
Martin Y Maxwell Y May N Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson N Walker Y Weldon E Wilkinson
Willard Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

The motion prevailed.

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.

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5547

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.
House of Representatives Atlanta, Georgia 30334
This version of HB 228 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."
It would have been a violation of my oath of office to have voted to pass this version of HB 228.
/s/ Bobby Franklin Representative, District 43
HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:
A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 481
The Committee of Conference on HB 481 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 481 be adopted.

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Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Chip Rogers Senator, 21st District

/s/ Larry O'Neal Representative, 146th District

/s/ Ronnie Chance Senator, 16th District

/s/ Tom Graves Representative, 12th District

/s/ Mitch Seabaugh Senator, 28th District

/s/ Martin Scott Representative, 2nd District

A BILL

To enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide that a portion of net long-term capital gains shall be excluded from state taxable income of corporations and individuals; to provide for credits against state income tax for employers employing certain previously unemployed persons; to eliminate the requirement for dealers to make returns and remittances with respect to estimated sales and use tax liability; to eliminate the corporate net worth tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Jobs, Opportunity, and Business Success Act of 2009."

SECTION 2. 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 fees for filings related to business corporations, as follows:

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"14-2-122. (a) 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

(5) Agent's statement of resignation ................................................................No fee

(6) Certificate of judicial dissolution ...............................................................No fee

(7) Articles of dissolution or intent to dissolve................................................No fee

(8) Application of withdrawal..........................................................................No fee

(9) Application for reservation of a corporate name........................................25.00

(10) Civil penalty for a foreign corporation transacting business in this state without a certificate of authority.......................................................................500.00

(11) Statement of change of address of registered agent...$5.00 per corporation but not less than ............................................................................. 20.00

(12) Application for reinstatement...................................................................100.00

(13) Certificate of conversion .......................................................................... 95.00

(14) Any other document required or permitted to be filed by this chapter ....20.00
(b) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (2) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings."

SECTION 3. Said Title 14 is further amended by revising Code Section 14-9-1101, relating to fees for filings related to limited partnerships, as follows:
"14-9-1101. (a) The Secretary of State shall charge and collect for filing:

Document

Fee

(1) A certificate of limited partnership ............................................................$100.00

(2) A registration of a foreign limited partnership...........................................225.00

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(3) An annual registration ................................................................................30.00
(4) Penalty for late filing of annual registration............................................... 25.00
(5) Agent's statement of resignation ................................................................No fee
(6) Certificate of cancellation ..........................................................................No fee
(7) Application of withdrawal..........................................................................No fee
(8) Statement of change of address of registered agent or registered office $5.00 per limited partnership but not less than .................................................20.00
(9) An amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership ........................................................... 100.00
(10) Certificate of election to become a limited partnership ...........................80.00
(11) Certificate of conversion .......................................................................... 95.00
(12) Application for reservation of a name......................................................25.00
(13) Any other document required or permitted pursuant to this chapter .......20.00 (b) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (2) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings."

SECTION 4. Said Title 14 is further amended by revising Code Section 14-11-1101, relating to fees for filings related to limited liability companies, as follows:
"14-11-1101. (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........................................No Fee

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5551

(7) Certificate of termination .....................................................................No Fee
(8) Application of withdrawal....................................................................No fee
(9) Articles of correction............................................................................20.00
(10) Application for reservation of a name................................................25.00
(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
(12) Registered agent's statement of resignation pursuant to subsection (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11703...............................................................................................................No fee
(13) Certificate of judicial dissolution .......................................................No fee
(14) Annual registration (foreign or domestic)..........................................30.00
(15) Penalty for late filing of annual registration ......................................25.00
(16) Reinstatement fee ...............................................................................100.00
(17) Any other document required or permitted to be filed by this chapter ..................................................................................................20.00
(18) Certificate of conversion ....................................................................95.00 (b) The Secretary of State shall collect the penalty provided for in paragraph (2) of subsection (c) of Code Section 14-11-711. (c) For the period of time beginning July 1, 2009, and ending June 30, 2010, the fees specified in paragraphs (1) and (5) of subsection (a) of this Code section shall be waived, and there shall be no fee for such filings."
SECTION 5. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-8-156, relating to the State-wide Reserve ratio and reduction in tax rate, by adding a new subsection as follows:
"(g)(1) The Commissioner shall make an expedited request within 15 days of the effective date of this Act for a determination by the United States secretary of labor that implementation of paragraph (3) of this subsection is in conformity with federal law. If the United States secretary of labor determines that paragraph (3) of this subsection is not in conformity with federal law and cannot be adjusted procedurally by the Commissioner pursuant to Code Section 34-8-93 pending action of the General Assembly to bring about conformity with federal law, paragraph (3) of this subsection shall not become effective. Upon such determination the Commissioner shall take all necessary steps to obtain a waiver of conformity with federal law from the United States secretary of labor. If such waiver is granted, paragraph (3) of this subsection

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shall become effective immediately. If the United States secretary of labor determines that paragraph (3) of this subsection could be implemented in conformity with federal law if procedurally adjusted by the Commissioner, the Commissioner shall exercise the authority granted under Code Section 34-8-93 to make such adjustments and paragraph (3) of this subsection shall become effective immediately following such adjustment. If the United States secretary of labor determines that paragraph (3) of this subsection is in conformity with federal law, paragraph (3) of this subsection shall become effective immediately. (2) In the event paragraph (3) of this subsection becomes effective, it shall not be implemented unless the Commissioner determines that the employer contribution and reimbursement liability shall not increase as a result of such implementation. (3) If this paragraph becomes effective, for calendar quarters beginning on or after July 1, 2009, there shall be a credit to be known as the Georgia Works Tax Credit. The amount of the credit shall be not less than $25.00 and not more than $125.00 per individual employee per calendar quarter, as further described in this subsection. The determination of the amount of the credit, within the permissible range, shall be made and periodically revised by the Commissioner based on the Commissioner's evaluation of conditions in the Georgia labor market, the state of the economy, and the State-wide Reserve Ratio. The credit may be claimed by an employer for up to four calendar quarters with respect to an individual hired by that employer for services to be performed in this state under the following conditions:
(A) Such individual: (i) Has filed a claim for unemployment compensation in this state and is currently receiving weekly unemployment compensation benefits on that claim under the provisions of Article 7 of this chapter and such benefits are chargeable to the experience rating account of an employer under Code Section 34-8-157; (ii) Has been profiled by the department as likely to exhaust benefits; (iii) Has no return to work date or promise of future employment; and (iv) Has at least eight weeks of benefit eligibility remaining on his or her current claim at the time the employer hires the individual;
(B) The credit for each such hired individual per calendar quarter may be claimed on the reports required to be filed under Code Section 34-8-165 as a reduction from amounts otherwise due with respect to each of the four calendar quarters immediately following the hire date of the individual; provided, however, that the credit may not be claimed for any hired individual with respect to more than one hiring by the employer claiming the credit or for more than four calendar quarters with respect to that one hiring; (C) For each calendar quarter for which the credit is claimed, such individual shall be continuously employed by the employer claiming the credit, and such individual's employment with that employer shall consist of at least 30 hours per week during each week of that calendar quarter; (D) The credit shall be timely claimed for the calendar quarter to which the credit is applicable, and in no event later than the last day of the reporting month following

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5553

the end of the calendar quarter to which the credit is applicable. The credit shall not be refundable. The credit cannot reduce tax liability below zero; provided, however, that the credit, if properly and timely claimed, may be carried forward and applied against contributions due in any subsequent calendar quarter in the same calendar year as claimed. Any unused credit remaining at the end of a calendar year may not be carried forward to another calendar year and shall be deemed to have expired; and (E) No credit shall be claimed or taken by any employer who fails to timely file any report or to timely pay all amounts otherwise due for all calendar quarters during the calendar year for which the credit is claimed. In the event an employer has claimed a credit under this Code section and fails to timely file any report or to timely pay all amounts otherwise due during the year the credit is claimed, the amount of any credits claimed with respect to the calendar year shall be canceled and become delinquent as of the date originally due under Code Section 34-8-165 and subject to all the provisions of this article as if no credit had ever been available or claimed."
SECTION 6. Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," is amended in Code Section 48-7-21, relating to taxation of corporations, by adding at the end of subsection (b) a new paragraph (16) to read as follows:
"(16)(A) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, there shall be subtracted from taxable income an amount equal to 25 percent of the total net amount of long-term capital gains subject to federal income taxation. (B) For all taxable years beginning on or after January 1, 2011, there shall be subtracted from taxable income an amount equal to 50 percent of the total net amount of long-term capital gains subject to federal income taxation."
SECTION 7. Said Title 48 is further amended in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income of individuals, by deleting "and" at the end of paragraph (14); replacing the period at the end of paragraph (15) with "; and"; and adding a new paragraph (16) to read as follows:
"(16)(A) For the taxable year beginning on or after January 1, 2010, and prior to January 1, 2011, an amount equal to 25 percent of the total net amount of long-term capital gains subject to federal income taxation. (B) For all taxable years beginning on or after January 1, 2011, an amount equal to 50 percent of the total net amount of long-term capital gains subject to federal income taxation."
SECTION 8. Said Title 48 is further amended by adding a new Code section as follows:
"48-7-29.17.

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(a) As used in this Code section, the term 'creditable employee' means an employee of an employer who:
(1) Is first employed by the employer on or after the effective date of this Code section and prior to July 1, 2010; (2) Was unemployed at least four weeks immediately prior to becoming so employed; (3) Remains so employed by the employer for at least 24 consecutive months; (4) Executes and provides a notarized affidavit swearing or affirming that such employee is eligible to work in the United States because such person is either a United States citizen or a lawfully present alien according to federal law; and (5) During the entire period of such employment receives monthly compensation in an amount at least equal to the average monthly employment compensation benefit paid to persons receiving employment compensation benefits in this state. (b) An employer who has one or more creditable employees and who provides a notarized affidavit attesting to use of the federal employment verification system now known as 'E-Verify' or any future federal employment verification system shall be eligible to apply for and receive a credit against taxes imposed under this chapter. The amount of the credit shall be $2,400.00 for each creditable employee. Eligibility for the credit shall be established as of the time the creditable employee completes 24 consecutive months of employment; and the credit shall be claimed for the taxable year in which the twenty-fourth month of such employment is completed. (c) 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. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's succeeding two years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (d) The credit shall be claimed and granted in such manner as shall be specified by rules adopted by the commissioner; and such rules shall specifically provide for the manner of establishing the qualifying status of unemployment of the employee prior to employment. The average monthly employment security benefit shall be computed on a monthly basis by the Commissioner of Labor. (e) For the purpose of determining whether an employee is employed by the employer under subsection (a) of this Code section, employment may include up to 13 weeks continuous prior service for the employer as a temporary employee of a staffing firm. As used in this Code section, staffing firm means an organization that hires its own employees and assigns them to a client to support or supplement the client's work force in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects."
SECTION 9. Said Title 48 is further amended in Code Section 48-8-49, relating to dealers' sales and use tax returns, by revising subsection (b) as follows:

FRIDAY, APRIL 3, 2009

5555

"(b)(1) As used in this subsection, the term 'estimated tax liability' means a dealer's tax liability, adjusted to account for any subsequent change in the state sales and use tax rate, based on the dealer's average monthly payments for the last fiscal year.
(2)(A) If the estimated tax liability of a dealer for any taxable period prior to January 1, 2010, exceeds $5,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection subparagraph shall not apply to any dealer unless during the previous fiscal year the dealer's monthly payments exceeded $5,000.00 per month for three consecutive months or more nor shall this subsection subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. No local sales taxes shall be included in determining any estimated tax liability. (B) If the estimated tax liability of a dealer for any taxable period on or after January 1, 2010, and prior to January 1, 2011, exceeds $10,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subparagraph shall not apply to any dealer unless during the previous calendar year the dealer's monthly payments exceeded $10,000.00 per month for three consecutive months or more nor shall this subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. This paragraph shall cease to apply to a dealer if such dealer falls below the threshold specified in this subparagraph. No local sales taxes shall be included in determining any estimated tax liability. (C) If the estimated tax liability of a dealer for any taxable period on or after January 1, 2011, and prior to January 1, 2012, exceeds $20,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subparagraph shall not apply to any dealer unless during the previous calendar year the dealer's monthly payments exceeded $20,000.00 per month for three consecutive months or more nor shall this subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. This paragraph shall cease to apply to a dealer if such dealer falls below the threshold specified in this subparagraph. No local sales taxes shall be included in determining any estimated tax liability.

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(D) If the estimated tax liability of a dealer for any taxable period on or after January 1, 2012, and prior to January 1, 2013, exceeds $40,000.00, the dealer shall file a return and remit to the commissioner not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subparagraph shall not apply to any dealer unless during the previous calendar year the dealer's monthly payments exceeded $40,000.00 per month for three consecutive months or more nor shall this subparagraph apply to any dealer whose primary business is the sale of motor fuels who is remitting prepaid state tax under paragraph (2) of subsection (b) of Code Section 48-9-14. This paragraph shall cease to apply to a dealer if such dealer falls below the threshold specified in this subparagraph. No local sales taxes shall be included in determining any estimated tax liability. (E) For any taxable period on or after January 1, 2013, a dealer shall not be required to file a return and remit to the commissioner any estimated tax liability and shall be issued a refund check by the commissioner for the amount of any estimated tax liability which has been remitted and has not been credited against the amount due on the dealer's return under subsection (a) of this Code section. (3) A dealer who in any month does not meet the applicable threshold under subparagraph (A), (B), (C), or (D) of paragraph (2) of this subsection shall be issued a refund check by the commissioner for the amount of any estimated tax liability which has been remitted and has not been credited against the amount due on the dealer's return under subsection (a) of this Code section within 30 days of the determination that such dealer is below such threshold. Prior to or in conjunction with the mailing of such refund check, the commissioner shall mail the dealer the following notice: 'Dear Georgia business owner, This is a refund of your sales tax deposit, which is returned to you in compliance with the Jobs, Opportunity, and Business Success Act of 2009 (J.O.B.S).
The Georgia State House and State Senate passed and the Governor signed the J.O.B.S. Act (O.C.G.A. 48-8-49) believing that entrepreneurs and business owners, not government, are best equipped to create jobs and sustainable economic growth for Georgia.
We appreciate your efforts to create true economic stimulus for our great state.
Thank you!
Georgia General Assembly'"

FRIDAY, APRIL 3, 2009

5557

SECTION 10. Said Title 48 is further amended by revising Article 4, relating to the corporate net worth tax, in its entirety as follows:

"ARTICLE 4

48-13-70. (a) On and after January 1, 2010, there shall be no corporate net worth taxes whatsoever levied or collected under this article and no corporate net worth returns are required. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the enactment of this revised article and shall continue to be governed by the provisions of this article as it existed immediately prior to the effective date of this Act."

SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Representative Graves of the 12th moved that the House adopt the report of the Committee of Conference on HB 481.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks N Bruce
Bryant N Buckner Y Burkhalter Y Burns

N Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson N Floyd N Fludd N Franklin N Frazier

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley Y Jackson E Jacobs N James Y Jerguson Y Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy
Neal Y Nix N Oliver
O'Neal Y Parham

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton

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Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D
Collins, T Y Cooper Y Cox

Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Keen Y Keown Y Knight Y Knox Y Lane, B
Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 112, nays 52.

Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon E Wilkinson
Willard N Williams, A N Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative O`Neal of the 146th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of HB 481 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 481.

/s/ Bobby Franklin Representative, District 43

HB 68. By Representative Sims of the 169th:

A BILL to be entitled an Act to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments and crematories, so as to provide for a procedure for the disposition of cremains after a certain time period; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

FRIDAY, APRIL 3, 2009

5559

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/ D. Balfour Senator, 9th District

/s/ Chuck Sims Representative, 169th District

/s/ David Shafer Senator, 48th District

/s/ R. Williams Representative, 4th District

/s/ Jim Butterworth Senator, 50th District

/s/ T. Dickson Representative, 6th District

A BILL

To amend Titles 31 and 43 of the Official Code of Georgia Annotated, relating to health and professions and business, respectively, so as to provide for regulation of certain areas related to deceased individuals; to provide for the ability for individuals to provide through a preneed contract for the disposition of their bodies after death; to provide for the persons who may direct the disposition of a person's body after the person's death; to provide for the forfeiture of the right of disposition under certain circumstances; to provide for resolving conflicting claims; to provide for immunity for funeral homes that act in good faith on such directions for disposition; to restrict the location of certain crematories; to provide for a procedure for the disposition of cremains after a certain time period; to provide for certain costs and fees to be paid by the authorizing agent; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Code section to read as follows:
"31-21-7. (a) A person who is 18 years of age or older and of sound mind, by entering into a preneed contract, as defined in paragraph (30) of Code Section 10-14-3, may direct the location, manner, and conditions of the disposition of the person's remains and the

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arrangements for funeral goods and services to be provided upon the person's death.

The disposition directions and funeral prearrangements that are contained in a preneed

contract shall not be subject to cancellation or substantial revision unless the

cancellation or substantial revision has been ordered by a person the decedent has

appointed in the preneed contract as the person authorized to cancel or revise the terms

of the preneed contract or unless any resources set aside to fund the preneed contract

are insufficient under the terms of the preneed contract to carry out the disposition

directions and funeral prearrangements contained therein.

(b) Except as provided in subsection (c) of this Code section, the right to control the

disposition of the remains of a deceased person; the location, manner, and conditions of

disposition; and arrangements for funeral goods and services to be provided vests in the

following, in the order named, provided that such person is 18 years or older and is of

sound mind:

(1) The health care agent, as defined in Code Section 31-32-2;

(2)(A) A person designated by the decedent as the person with the right to control

the disposition in an affidavit executed in accordance with subparagraph (B) of this

paragraph.

(B) A person who is 18 years of age or older and of sound mind wishing to

authorize another person to control the disposition of his or her remains may

execute an affidavit before a notary public in substantially the following form:

'State of Georgia

County of

I,

, do hereby designate

with the right to control the disposition

of my remains upon my death. I have have not attached specific directions

concerning the disposition of my remains with which the designee shall

substantially comply, provided that such directions are lawful and there are

sufficient resources in my estate to carry out the directions.

Subscribed and sworn to before me this day of the month of of the year .

(signature of affiant)

(signature of notary public)';

(3) The surviving spouse of the decedent;

(4) The sole surviving child of the decedent or, if there is more than one child of the

decedent, the majority of the surviving children; provided, however, that less than

one-half of the surviving children shall be vested with the rights under this Code

section if they have used reasonable efforts to notify all other surviving children of

their instructions and are not aware of any opposition to those instructions on the part

of more than one-half of all surviving children;

(5) The surviving parent or parents of the decedent. If one of the surviving parents is

absent, the remaining parent shall be vested with the rights and duties under this Code

section after reasonable efforts have been unsuccessful in locating the absent

surviving parent;

(6) The surviving brother or sister of the decedent or, if there is more than one sibling

of the decedent, the majority of the surviving siblings; provided, however, that less

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than the majority of surviving siblings shall be vested with the rights and duties under this Code section if they have used reasonable efforts to notify all other surviving siblings of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving siblings; (7) The surviving grandparent of the decedent or, if there is more than one surviving grandparent, the majority of the grandparents; provided, however, that less than the majority of the surviving grandparents shall be vested with the rights and duties under this Code section if they have used reasonable efforts to notify all other surviving grandparents of their instructions and are not aware of any opposition to those instructions on the part of more than one-half of all surviving grandparents; (8) The guardian of the person of the decedent at the time of the decedent's death if one had been appointed; (9) The personal representative of the estate of the decedent; (10) The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition; (11) If the disposition of the remains of the decedent is the responsibility of the state or a political subdivision of the state, the public officer, administrator, or employee responsible for arranging the final disposition of decedent's remains; or (12) In the absence of any person under paragraphs (1) through (10) of this subsection, any other person willing to assume the responsibilities to act and arrange the final disposition of the decedent's remains, including the funeral director with custody of the body, after attesting in writing that a good faith effort has been made to no avail to contact the individuals under paragraphs (1) through (10) of this subsection. (c) A person entitled under law to the right of disposition shall forfeit that right, and the right is passed on to the next qualifying person as listed in subsection (b) of this Code section, in the following circumstances: (1) Any person charged with murder or voluntary manslaughter in connection with the decedent's death and whose charges are known to the funeral director; provided, however, that, if the charges against such person are dismissed or if such person is acquitted of the charges, the right of disposition is returned to the person; (2) Any person who does not exercise his or her right of disposition within two days of notification of the death of decedent or within three days of decedent's death, whichever is earlier; (3) If the person and the decedent are spouses and a petition to dissolve the marriage was pending at the time of decedent's death; or (4) Where the probate court pursuant to subsection (d) of this Code section determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this Code section, the term 'estranged' means a physical and emotional separation from the decedent at the time of death

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which has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent. (d) Notwithstanding subsections (b) and (c) of this Code section, the probate court for the county where the decedent resided may award the right of disposition to the person determined by the court to be the most fit and appropriate to carry out the right of disposition and may make decisions regarding the decedent's remains if those sharing the right of disposition cannot agree. The following provisions shall apply to the court's determination under this subsection: (1) If the persons holding the right of disposition are two or more persons with the same relationship to the decedent and they cannot, by majority vote, make a decision regarding the disposition of the decedent's remains, any of such persons or a funeral home with custody of the remains may file a petition asking the probate court to make a determination in the matter; (2) In making a determination under this subsection, the probate court shall consider the following:
(A) The reasonableness and practicality of the proposed funeral arrangements and disposition; (B) The degree of the personal relationship between the decedent and each of the persons claiming the right of disposition; (C) The desires of the person or persons who are ready, able, and willing to pay the cost of the funeral arrangements and disposition; (D) The convenience and needs of other families and friends wishing to pay respects; (E) The desires of the decedent; and (F) The degree to which the funeral arrangements would allow maximum participation by all wishing to pay respect; (3) In the event of a dispute regarding the right of disposition, a funeral home shall not be liable for refusing to accept the remains or to inter or otherwise dispose of the remains of the decedent or complete the arrangements for the final disposition of the remains until the funeral home receives a court order or other written agreement signed by the parties in the disagreement that decides the final disposition of the remains. If the funeral home retains the remains for final disposition while the parties are in disagreement, the funeral home may embalm or refrigerate and shelter the body, or both, in order to preserve it while awaiting the final decision of the probate court and may add the cost of embalming or refrigeration and sheltering to the final disposition costs. If a funeral home brings an action under this subsection, the funeral home may add the legal fees and court costs associated with a petition under this subsection to the cost of final disposition. This subsection may not be construed to require or to impose a duty upon a funeral home to bring an action under this subsection. A funeral home and its employees shall not be held criminally or civilly liable for choosing not to bring an action under this subsection; and (4) Except to the degree it may be considered by the probate court under subparagraph (C) of paragraph (2) of this subsection, the fact that a person has paid or

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agreed to pay for all or part of the funeral arrangements and final disposition shall not give that person a greater claim to the right of disposition than the person would otherwise have. The personal representative of the estate of the decedent shall not, by virtue of being the personal representative, have a greater claim to the right of disposition than the person would otherwise have. (e) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth therein, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of, and the party's authority to order such disposition. A funeral home shall have the right to rely on such funeral service agreement or authorization and shall have the authority to carry out the instructions of the person or persons the funeral home reasonably believes holds the right of disposition. The funeral home shall have no responsibility to contact or to independently investigate the existence of any next of kin or relative of the decedent. If there is more than one person in a class who are equal in priority and the funeral home has no knowledge of any objection by other members of such class, the funeral home shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements, provided that no other person in such class provides written notice of his or her objections to the funeral home. (f) If a funeral establishment or funeral director relies in good faith upon the instructions of an individual claiming the right of disposition pursuant to subsection (b) or (d) of this Code section and such individual is later determined to have falsely or fraudulently represented himself or herself as having such a right, the funeral establishment or funeral director shall not be subject to criminal or civil liability or subject to disciplinary action for carrying out the disposition of the remains in accordance with such instructions."
SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subsection (a) of Code Section 43-18-72, relating to crematories to be licensed, equipment, facilities, and personnel, application, reports, and limitation of single body in retort, as follows:
"43-18-72. (a)(1) It shall be unlawful for any person, firm, corporation, or association to operate a crematory without first obtaining a separate license for such purpose from the board in accordance with this article. The crematory must be at a specific address or location and must meet the following requirements and have the following minimum equipment, facilities, and personnel:
(1)(A) A room with seating for a minimum of 30 people in which funeral services may be conducted; (2)(B) A display room containing an adequate supply of urns; (3)(C) Rolling stock consisting of at least one operable motor hearse either owned or leased by said firm with current Georgia registration;

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(4)(D) At least one operable retort for cremation; (5)(E) At least one operable processing station for grinding of cremated remains; and (6)(F) At least one church truck; and (G) Not be located within 1,000 feet of a residential subdivision platted and recorded in the office of the clerk of the superior court of a county in which such residential subdivision is located. (2)(A) provided, however, that the The provisions of paragraphs (1), (2), and (6) subparagraphs (A), (B), and (F) of paragraph (1) of this subsection shall not apply to crematories which provide cremation services only to other funeral establishments. (2)(B) The provision of paragraph (G) of paragraph (1) of this subsection shall only apply to the issuance or renewal of any license on or after the effective date of this subparagraph for any stand-alone crematory that was not in operation as of such effective date. For purposes of this subparagraph, the term 'stand-alone crematory' shall mean a crematory that is not located on or adjacent to a tract or parcel of land which contains a funeral establishment."
SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"43-18-80. (a) For the purposes of this Code section, 'authorizing agent' means a person legally entitled to authorize the cremation of human remains. (b) The authorizing agent shall provide to the funeral establishment in which the cremation arrangements are made a signed statement specifying the ultimate disposition of the cremated remains, if known. A copy of this statement shall be retained by the funeral establishment offering or conducting the cremation. (c) Cremated remains shall be shipped only by a method that has an internal tracking system available and that provides a receipt signed by the person accepting delivery. (d) The authorizing agent shall be responsible for the disposition of the cremated remains. If, after 60 days from the date of cremation, the authorizing agent or his or her representative has not specified the ultimate disposition or claimed the cremated remains, the funeral establishment or entity in possession of the cremated remains shall send a notification to the authorizing agent notifying him or her that, pursuant to this subsection, failure to respond to such notification and specify the final disposition of the cremains within 30 days of the transmission of such notice shall authorize the funeral establishment to make arrangements for the disposition of the cremains. If, after 30 days, the funeral establishment or entity in possession of the cremated remains has not received instructions from the authorizing agent describing a specific method of disposing of the cremains, the funeral establishment or entity in possession of the cremains shall be authorized to dispose of the cremated remains in a dignified and humane manner by entombing such cremains in a crypt or underground in accordance with local and state law or by storage in the funeral establishment. The final resting place of the cremains shall be clearly marked and recorded by the funeral establishment

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entombing the cremains. Any costs or fees incurred to entomb, inter, or disinter the cremains shall be the responsibility of the authorizing agent; provided, however, that such cost shall not exceed $100.00."

SECTION 4. 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 68.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin
Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner Y Burkhalter Y Burns
Butler Y Byrd
Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T
Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James 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 Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 148, nays 1.

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston
Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Rynders Scott, A Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Weldon E Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

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The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 68 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 68.

/s/ Bobby Franklin Representative, District 43

HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others:

A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; 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 457

The Committee of Conference on HB 457 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 457 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Renee Unterman Senator, 45th District

/s/ Allen Peake Representative, 137th District

/s/ D. Balfour Senator, 9th District

/s/ Earl Carter Representative, 159th District

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5567

/s/ Preston W. Smith Senator, 52nd District

/s/ Earl Ehrhart Representative, 36th District

A BILL

To amend Chapter 5 of Title 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 30 the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by revising paragraph (6) of Code Section 30-5-3, relating to definitions, as follows:
"(6) 'Disabled adult' means a person 18 years of age or older who is not a resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31, but who is mentally or physically incapacitated or has Alzheimer's disease, as defined in Code Section 31-8-180, or dementia, as defined in Code Section 49-6-72."

SECTION 2. Said chapter is further amended by revising Code Section 30-5-8, relating to criminal offenses and penalties, as follows:
"30-5-8. (a)(1) In addition to any other provision of law, the abuse, neglect, or exploitation of any disabled adult or elder person shall be unlawful. (2) In addition to any other provision of law, it shall be unlawful for a person to act with the specific intent to abuse, neglect, or commit exploitation of any disabled adult. For purposes of this paragraph only, the term 'disabled adult' means a person 18 years of age or older who is: (A) A resident of a long-term care facility, as defined in Article 4 of Chapter 8 of Title 31; and (B) Mentally or physically incapacitated or has Alzheimer's disease, as defined in Code Section 31-8-180, or dementia, as defined in Code Section 49-6-72. An owner, officer, administrator, or board member of a long-term care facility shall not be held criminally liable for the actions of a person who is convicted pursuant to this paragraph. Nothing in this paragraph shall be construed to preempt any other law or to deny to any individual any rights or remedies which are provided under any other law.

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(2)(3) Except as otherwise provided in Title 16, any person violating the provisions of this subsection shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years. (b)(1) It shall be unlawful for any person or official required by paragraph (1) of subsection (a) of Code Section 30-5-4 to report a case of disabled adult or elder person abuse to fail knowingly and willfully to make such report. (2) Any person violating the provisions of this subsection shall be guilty of a misdemeanor. (c) Any violation of this Code section shall constitute a separate offense."

SECTION 3. 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 457.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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 Y Cheokas Y Coan Y Cole Y Coleman

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves Y Greene Y Hamilton Y Hanner Y Harbin

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece

Y Rynders Y Scott, A E Scott, M Y Sellier Y Setzler
Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon E Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M

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Y Collins, D Y Collins, T Y Cooper Y Cox

Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Reese Y Rice Y Roberts Y Rogers

Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 162, nays 0.

The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the Senate action thereon:

HB 514. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others:

A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; 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 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for conditions for such assistance; to amend Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue, so as to provide definitions; to provide a uniform venue provision in certain proceedings involving the constitutionality of certain provisions of law; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding the judicial system, is amended by revising subsection (n) of Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, as follows:

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"(n) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any:
(1) criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; provided, however, that:
(A) A senior judge may be assigned, designated, or preside in such a case if such 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; and (B) If a challenge subject to this paragraph is raised by pleading later than 60 days after the filing of the complaint or within 45 days of the timely filing of the answer, an elected superior court judge of the circuit in which the case is pending shall determine whether, on the face of the challenge as raised and taking the facts as stated by the party asserting the challenge as true, the constitutional challenge is without merit. If when making a determination pursuant to this paragraph the elected superior court judge determines that the challenge has merit, the case shall be reassigned to an elected superior court judge; provided, however, that if when making such determination the elected superior court judge determines that the challenge is without merit, the case shall remain with the senior judge. This paragraph shall not apply to any constitutional challenge raised after the entry of the pretrial order entered immediately prior to trial."
SECTION 2. Said chapter is further amended by revising subsection (e) of Code Section 15-1-9.2, relating to senior judge status and requesting assistance from senior judges, as follows:
"(e) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any:
(1) Criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; provided, however, that:
(A) A senior judge may be assigned, designated, or preside in such a case if such 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; and

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(B) If a challenge subject to this paragraph is raised by pleading later than 60 days after the filing of the complaint or within 45 days of the timely filing of the answer, an elected superior court judge of the circuit in which the case is pending shall determine whether, on the face of the challenge as raised and taking the facts as stated by the party asserting the challenge as true, the constitutional challenge is without merit. If when making a determination pursuant to this paragraph the elected superior court judge determines that the challenge has merit, the case shall be reassigned to an elected superior court judge; provided, however, that if when making such determination the elected superior court judge determines that the challenge is without merit, the case shall remain with the senior judge. This paragraph shall not apply to any constitutional challenge raised after the entry of the pretrial order entered immediately prior to trial."
SECTION 3. Said chapter is further amended by revising subsection (g) of 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, as follows:
"(g) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any:
(1) Criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; provided, however, that:
(A) A senior judge may be assigned, designated, or preside in such a case if such 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; and (B) If a challenge subject to this paragraph is raised by pleading later than 60 days after the filing of the complaint or within 45 days of the timely filing of the answer, an elected superior court judge of the circuit in which the case is pending shall determine whether, on the face of the challenge as raised and taking the facts as stated by the party asserting the challenge as true, the constitutional challenge is without merit. If when making a determination pursuant to this paragraph the elected superior court judge determines that the challenge has merit, the case shall be reassigned to an elected superior court judge; provided, however, that if when making such determination the elected superior court judge determines that the challenge is without merit, the case shall remain with the senior judge. This paragraph shall not apply to any constitutional challenge raised after the entry of the pretrial order entered immediately prior to trial."

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SECTION 4. Part 1 of Article 2 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to venue, is amended by adding a new Code section to read as follows:
"9-10-35. (a) For the purposes of this Code section, 'public officer' means:
(1) Every constitutional officer; (2) Every elected state official; (3) The executive head of every state department or agency, whether elected or appointed; (4) Each member of the General Assembly; and (5) The executive director of each state board or commission and the members thereof. (b) For purposes of any civil action involving a challenge to the constitutionality of any state statute, rule, regulation, or action, with the exception of habeas corpus actions, against a public officer in his or her official capacity, the county of residence of the defendant shall be the county in which is found the primary office of the governmental entity of which the defendant is an officer."

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 Collins of the 27th moved that the House agree to the Senate substitute to HB 514.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague N Benfield Y Benton Y Black Y Brooks Y Bruce

N Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley N Jackson E Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T

Y Manning Y Marin Y Martin Y Maxwell N May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby N Murphy Y Neal

Y Rynders Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, L Y Smith, R
Smith, T E Smith, V E Smyre

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Y Bryant Y Buckner E Burkhalter Y Burns
Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins, D N Collins, T
Cooper Cox

N Floyd Y Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon E Graves N Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield N Heard

Y Jones, J Y Jones, S
Jordan Y Kaiser
Keen Y Keown
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long
Loudermilk Lucas Y Lunsford N Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 128, nays 28.

Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J
Pruett Y Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers

Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor N Teilhet N Thomas N Thompson Y Walker N Weldon E Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 514 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 514.

/s/ Bobby Franklin Representative, District 43

Representative Hatfield of the 177th moved that the House reconsider its action in agreeing to the Senate substitute to HB 514.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison N Amerson Y Anderson N Ashe

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler N Day Y Dempsey

N Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt

Manning Y Marin N Martin N Maxwell Y May N Mayo

Y Rynders Y Scott, A
Scott, M Y Sellier N Setzler Y Shaw

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Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield N Benton Y Black N Brooks N Bruce Y Bryant Y Buckner E Burkhalter Y Burns Y Butler Y Byrd Y Carter, A
Carter, B Y Casas Y Chambers N Channell Y Cheokas Y Coan Y Cole
Coleman N Collins, D Y Collins, T
Cooper Y Cox

Y Dickson N Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart N England E Epps, C N Epps, J N Everson Y Floyd
Fludd Y Franklin N Frazier Y Fullerton Y Gardner N Geisinger Y Glanton N Golick N Gordon E Graves Y Greene N Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James
Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan Y Kaiser Y Keen Y Keown
Knight Y Knox N Lane, B Y Lane, R Y Levitas N Lindsey N Long
Loudermilk Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 109, nays 49.

Y McCall Y McKillip Y Meadows
Millar Y Mills N Mitchell N Morgan
Morris N Mosby Y Murphy N Neal Y Nix N Oliver Y O'Neal Y Parham N Parrish Y Parsons N Peake Y Porter Y Powell, A N Powell, J Y Pruett N Ralston N Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts
Rogers

Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre N Stephens, M
Stephens, R N Stephenson N Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon N Wilkinson N Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Carter of the 159th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker announced the House in recess until 7:15 o'clock, this evening.

The Speaker called the House to order.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:

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5575

HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The Senate has adopted by substitute, by the requisite constitutional majority, the following resolution of the House:
HR 161. By Representatives Hugley of the 133rd, Epps of the 128th, Benfield of the 85th, Brooks of the 63rd, Millar of the 79th and others:
A RESOLUTION compensating Mr. John Jerome White; and for other purposes.
The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:
SB 240. By Senators Rogers of the 21st, Williams of the 19th, Pearson of the 51st, Staton of the 18th and Johnson of the 1st:
A BILL to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for the comprehensive revision of the appeal of assessments for ad valorem tax purposes; to provide for appeal procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
Amend the House substitute to SB 240 by striking lines 1 through 5 and inserting in their place the following:
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 provide for the modernization and revision of

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certain provisions regarding ad valorem taxes; to revise and change certain procedures relative to the appeal of assessments for ad valorem tax purposes; to change the deadline for filing for forest land conservation use assessment; to change certain provisions regarding collection of costs, commissions, interest, and penalties; to provide for execution costs; to change certain provisions regarding notification of changes made to a taxpayer's return; to provide for additional tax return filing requirements for public utilities; to provide for related matters; to provide effective dates and applicability; to repeal conflicting laws; and for other purposes.
By striking lines 8 through 10 and inserting in their place the following:
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in subsection (f) of Code Section 48-5-311, relating to county boards of tax assessors, county boards of equalization, and appeals of ad valorem tax assessments, by adding new paragraphs to read as follows:
By striking line 85 and inserting in its place the following:
Said chapter is further amended in said Code section by revising subsection (g) as follows:
By inserting between lines 161 and 162 the following:
SECTION 2A. Said chapter is further amended by revising paragraph (1) of subsection (j) of Code Section 48-5-7.7, relating to forest land conservation use assessment, as follows:
"(j)(1) For the taxable year beginning January 1, 2009, all 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 June 1 of 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. For each taxable year beginning on or after January 1, 2010, 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

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5577

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."
SECTION 2B. Said chapter is further amended by revising subsection (c) of Code Section 48-5-161, relating to issuance of tax executions, as follows:
"(c)(1) The officer in whose hands the execution is placed shall proceed at once to collect the execution and, when the execution is paid by the defendant voluntarily or by levy and sale, the officer shall enter the amount collected including all costs, commissions, interest, and penalties as provided by law on the execution. The officer shall return the execution to the tax collector or tax commissioner with the amount of tax collected. The tax collector or tax commissioner shall at once copy the entry of the officer on his or her execution docket and file the execution in his or her office.
(2)(A) As used in this paragraph, the term 'costs' includes, but is not limited to, title examination expenses, certified mail expenses, reasonable attorney's fees, or other such necessary research expenses. (B) Once a levy is made or posted on the property of an execution is issued against a delinquent or defaulting taxpayer, the sheriff or ex officio sheriff shall collect, in addition to any other costs, commissions, interest, and penalties, the actual expenses incurred by the county in issuing the execution and administering the levy by imposing a levy administration fee which shall be 5 percent of the delinquent tax or $250.00, whichever is the lesser. Regardless of any other provision of this paragraph, however, no such levy administration fee shall be less than $50.00. (3) The levy administration fee provided by paragraph (2) of this subsection shall likewise be charged and collected when the execution is enforced through garnishment as provided for in Code Section 48-3-12."

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SECTION 2C. Said chapter is further amended by revising subsection (a) of Code Section 48-5-306, relating to notice of changes made in taxpayer's return, posting notice, and new assessment description, as follows:
"(a) Method of giving notice to taxpayer of changes made in such taxpayer's return. Each county board of tax assessors may meet at any time to receive and inspect the tax returns to be laid before it by the tax receiver or tax commissioner. The board shall examine all the returns of both real and personal property of each taxpayer, and if in the opinion of the board any taxpayer has omitted from such taxpayer's returns any property that should be returned or has failed to return any of such taxpayer's property at its fair market value, the board shall correct the returns, assess and fix the fair market value to be placed on the property, make a note of such assessment and valuation, and attach the note to the returns. The board shall see that all taxable property within the county is assessed and returned at its fair market value and that fair market values as between the individual taxpayers are fairly and justly equalized so that each taxpayer shall pay as nearly as possible only such taxpayer's proportionate share of taxes. When any such corrections, changes, or equalizations have been made by the board, the board shall, within five days, give written notice to the taxpayer of any changes made in such taxpayer's returns. The notice may be given personally by leaving the notice at the taxpayer's dwelling house, usual place of abode, or place of business with some person of suitable age and discretion residing or employed in the house, abode, or business, or by sending the notice through the United States mail as first-class mail to the taxpayer's last known address. When notice is given by mail, the county board of tax assessors' return address shall appear in the upper left corner of the mailing face with the direction that if not delivered 'Return in five days to' the above return address, and the lower left corner of the mailing face shall be clearly marked in bold type -- 'OFFICIAL TAX MATTER.' face of the mailing envelope and with the United States Postal Service endorsement 'Return Service Requested' and the words 'Official Tax Matter' clearly printed in boldface type in a location which meets United States Postal Service regulations."
SECTION 2D. Said chapter is further amended by revising subsection (b) of Code Section 48-5-511, relating to returns of public utilities to commissioner, as follows:
"(b) The returns of each public utility shall be in writing and sworn to under oath by the chief executive officer to be a just, true, and full return of the fair market value of the property of the public utility without any deduction for indebtedness. Each class or species of property shall be separately named and valued as far as practicable and shall be taxed like all other property under the laws of this state. The returns shall also include the capital stock, net annual profits, gross receipts, business, or income (gross, annual, net, or any other kind) for which the public utility is subject to taxation by the laws of this state. Each parcel of real estate included in the return shall be identified by its street address. If the commissioner is unable to locate the property by its street

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5579

address after exercising due diligence in attempting to locate the property, then the commissioner may request more information from the taxpayer to help identify the exact location of the property. Such additional information may include a map or parcel identification information."

By inserting "Sections 1 and 2 of this Act" between "and" and "shall" on line 164.

Representative Levitas of the 82nd moved that the House agree to the Senate amendment to the House substitute to SB 240.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe
Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner E Burkhalter Y Burns
Butler Y Byrd Y Carter, A
Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H
Davis, S Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Floyd Y Fludd N Franklin Y Frazier Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Hembree
Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson E Jacobs
James Y Jerguson
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 Lindsey
Long Loudermilk Lucas Lunsford Y Maddox, B Maddox, G Y Mangham

On the motion the ayes were 129, nays 1.

Y Manning Marin Martin
Y Maxwell Y May
Mayo Y McCall Y McKillip Y Meadows Y Millar
Mills Y Mitchell
Morgan Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Porter Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor
Teilhet Y Thomas Y Thompson
Walker Weldon E Wilkinson Y Willard Williams, A Y Williams, E Y Williams, M Williams, R Wix Yates Richardson, Speaker

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The motion prevailed.

Due to a mechanical malfunction, the vote of Representative Fullerton of the 151st was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334

This version of SB 240 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of SB 240.

/s/ Bobby Franklin Representative, District 43

SB 196. By Senators Jackson of the 24th, Douglas of the 17th, Goggans of the 7th, Thomas of the 54th, Powell of the 23rd and others:

A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to revise penalties for causing serious injury due to a right of way violation resulting in a collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling agricultural products; to provide a penalty for a second offense; to provide for license suspension; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

Amend the house substitute to SB 196 by striking on line 24, "and valid at the time of such person's arrest"

Representative Levitas of the 82nd moved that the House agree to the Senate amendment to the House substitute to SB 196.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams N Allison Y Amerson

Y Crawford Y Davis, H
Davis, S Dawkins-Haigler

Y Heckstall Y Hembree Y Henson Y Hill, C

Y Manning Y Marin E Martin Y Maxwell

Rynders Y Scott, A
Scott, M Y Sellier

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5581

Y Anderson Ashe
Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner E Burkhalter Y Burns
Butler N Byrd Y Carter, A
Carter, B Casas Chambers Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox

Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs
James Jerguson Johnson, C Y Johnson, T Y Jones, J Jones, S Jordan Y Kaiser Y Keen Y Keown Knight Y Knox N Lane, B Y Lane, R Y Levitas Y Lindsey Long Loudermilk Y Lucas Y Lunsford Y Maddox, B Maddox, G Mangham

On the motion the ayes were 130, nays 10.

Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Morris Mosby Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield
Smith, B Y Smith, L Y Smith, R N Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor
Teilhet Y Thomas Y Thompson
Walker Y Weldon E Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of SB 196 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of SB 196.

/s/ Bobby Franklin Representative, District 43

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HB 514. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate substitute was previously read.
Representative Collins of the 27th moved that the House disagree to the Senate substitute to HB 514.
The motion prevailed.
HB 217. By Representatives Pruett of the 144th, Channell of the 116th, Carter of the 159th, Cooper of the 41st, Stephens of the 164th and others:
A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, so as to authorize the use of influenza vaccine orders for a group of patients; to provide for influenza vaccine protocol agreements between physicians and pharmacists or nurses; to provide for definitions; to provide requirements for the content of influenza vaccine protocol agreements; to provide that a party to an influenza vaccine protocol agreement shall not delegate his or her authority; to provide for statutory construction; to provide for rules and regulations; to provide for limited liability; to provide for applicability; 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 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to authorize the use of influenza vaccine orders for a group of patients; to provide for influenza vaccine protocol agreements between physicians and pharmacists or nurses; to provide for definitions; to provide requirements for the content of influenza vaccine protocol agreements; to provide that a party to an influenza vaccine protocol agreement shall not delegate his or her authority; to provide for statutory

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construction; to provide for policies for handling used equipment; to limit the number of influenza vaccine protocol agreements in which a physician may enter at any one time; to prohibit certain entities from entering into influenza vaccine protocol agreements; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide for vaccinations or other measures for health care workers in hospitals; to provide for statutory construction; to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to provide for emergency powers of the Governor in the event of a pandemic influenza emergency; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding a new Code section to read as follows:
"43-34-26.4. (a) As used in this Code section, the term:
(1) 'Administer' means the provision of a unit dose of influenza vaccine by a pharmacist or nurse pursuant to an influenza vaccine order contained in an influenza vaccine protocol agreement with a physician. (2) 'Adverse event' means an event that is a negative consequence of the administration of influenza vaccine by a pharmacist or nurse that results in an unintended reaction, injury, or illness, which may or may not have been preventable. (3) 'Board' means the Composite State Board of Medical Examiners. (4) 'Influenza vaccine' means a vaccine administered by injection that contains inactivated influenza viruses that is prepared for the applicable season and that is administered to produce or increase immunity to the influenza virus. (5) 'Influenza vaccine order' means a prescription drug order, contained in an influenza vaccine protocol agreement, for influenza vaccine issued by a physician for a group of patients that meet a certain criteria and to be administered by a pharmacist or a nurse. An influenza vaccine order shall also mean a prescription drug order, contained in an influenza vaccine protocol agreement, for epinephrine issued by a physician for a group of patients that meet a certain criteria and to be administered by a pharmacist or a nurse only upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (6) 'Influenza vaccine protocol agreement' means a written document mutually agreed upon and signed by a physician and a pharmacist or by a physician and a nurse, by which document the physician prescribes influenza vaccine and epinephrine, if

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determined appropriate by the physician, by means of an influenza vaccine order for administration by a pharmacist or a nurse. (7) 'Nurse' means a registered professional nurse as defined in paragraph (9) of Code Section 43-26-3. The term shall also mean a licensed practical nurse as defined in paragraph (5) of Code Section 43-26-32 who is regularly employed by a physician who actively engaged in the private practice of medicine. (8) 'Pharmacist' means an individual licensed under Chapter 4 of Title 26 to engage in the practice of pharmacy in the State of Georgia. (9) 'Pharmacy intern' means a pharmacy intern as defined in paragraph (19) of Code Section 26-4-5. (10) 'Physician' means an individual licensed to practice medicine and surgery pursuant to this article and whose principal place of practice is located in this state. (b) A physician engaged in the active practice of medicine may prescribe influenza vaccine for a group of patients via an influenza vaccine order contained in an influenza vaccine protocol agreement to be administered by a pharmacist, provided the physician is registered with the vaccination registry established by the Department of Human Resources pursuant to Code Section 31-12-3.1, commonly known as the Georgia Registry of Immunization Transactions and Services, the pharmacist is located within the county of the physician's place of registration with the vaccination registry or a county contiguous thereto, and the pharmacist holds current certification in Basic Cardiac Life Support and has completed a course of training accredited by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the Georgia State Board of Pharmacy. A physician who is a party to an influenza vaccine protocol agreement may also prescribe epinephrine via an influenza vaccine order contained in an influenza vaccine protocol agreement for administration by a pharmacist upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (c) A physician engaged in the active practice of medicine may prescribe influenza vaccine for a group of patients via an influenza vaccine order contained in an influenza vaccine protocol agreement to be administered by a nurse, provided the physician is registered the vaccination registry established by the Department of Human Resources pursuant to Code Section 31-12-3.1, commonly known as the Georgia Registry of Immunization Transactions and Services, the nurse is located within the county of the physician's place of registration with the vaccination registry or a county contiguous thereto, and the nurse holds current certification in Basic Cardiac Life Support. A physician who is a party to an influenza vaccine protocol agreement may also prescribe epinephrine via an influenza vaccine order contained in an influenza vaccine protocol agreement for administration by a nurse upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine.

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(d) An influenza vaccine protocol agreement between a physician and a pharmacist or a physician and a nurse pursuant to this Code section shall, without limitation:
(1) Contain the current names, addresses, telephone numbers, and professional license numbers of the physician and the pharmacist or nurse; (2) Contain a provision for immediate consultation between the pharmacist or nurse and the physician. If the physician is not available, the physician for purposes of consultation may designate another physician who concurs with the terms of the influenza vaccine protocol agreement; (3) Require the pharmacist or nurse to provide the influenza vaccine recipient with the appropriate and current Vaccine Information Statement (VIS) as provided by the federal Centers for Disease Control and Prevention; (4) Require the pharmacist or nurse or his or her employer to retain documentation of each dose of influenza vaccine administered. Such documentation shall include, but not be limited to:
(A) The administering pharmacist's or nurse's name, address, telephone number, and professional license number; (B) The name, dose, manufacturer, and lot number of the influenza vaccine; (C) The vaccine recipient's name, address, date of birth, and telephone number; (D) The date of administration and injection site; (E) A signed and dated consent form by which the vaccine recipient acknowledges receipt of the VIS and consents to the administration of the influenza vaccine; and (F) Any adverse events or complications that occur; (5) Require the pharmacist or nurse to enter the patient's influenza vaccine information in the Georgia Registry of Immunization Transactions and Services within the registry's designated time frame, or as designated by the Department of Human Resources; (6) Require, as a condition of administration of the influenza vaccine, the influenza vaccine recipient to remain under the observation of the administering pharmacist or nurse for a period of not less than 15 minutes immediately subsequent to the administration of the influenza vaccine; (7) Contain procedures to follow up on the occurrence of an adverse event or complication including, if prescribed via an influenza vaccine order contained in an influenza vaccine protocol agreement, the administration of epinephrine; (8) Provide for prioritization of influenza vaccine recipients in the event the supply of influenza vaccine is limited; and (9) Be renewed and, if necessary, revised or updated biennially by the physician and the pharmacist or nurse. An influenza vaccine protocol agreement that is not renewed biennially shall expire. (e) A pharmacist that is a party to an influenza vaccine protocol agreement pursuant to this Code section shall not delegate the administration of influenza vaccine to any individual other than a pharmacy intern under the direct supervision of the pharmacist whether or not any such other individual is under the supervision, direct or otherwise, of the pharmacist.

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(f) A nurse that is a party to an influenza vaccine protocol agreement pursuant to this Code section shall not delegate the administration of influenza vaccine to any individual, whether or not any such individual is under the supervision, direct or otherwise, of the nurse; provided, however, notwithstanding the requirement of employment by a physician in paragraph (7) of subsection (a) of this Code section at a registered professional nurse that is a party to an influenza protocol agreement pursuant to this Code section may delegate the administration of influenza vaccine to a licensed practical nurse under the direct on-site supervision of the registered professional nurse. (g) Notwithstanding any law to the contrary, a nurse acting pursuant to an influenza vaccine protocol agreement as provided in this Code section may possess and transport influenza vaccine and epinephrine. (h) A pharmacist or nurse administering influenza vaccines pursuant to an influenza vaccine protocol agreement authorized by this Code section shall maintain policies and procedures for the handling and disposal of used or contaminated equipment and supplies. (i) Nothing in this Code section shall be construed to authorize a physician to prescribe any vaccines or other drugs pursuant to an influenza vaccine protocol agreement or influenza vaccine order contained in an influenza vaccine protocol agreement other than influenza vaccines and epinephrine. (j) A delegating physician may not enter into an influenza vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time; provided, however, and notwithstanding the geographic limitations provided in subsections (b) and (c) of this Code section, a delegating physician may enter into an influenza vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time so long as the pharmacists or nurses are in the same public health district as established pursuant to Code Section 31-3-15, and are employees or agents of the same corporate entity. (k) It shall be unlawful for a physician who is employed by a pharmacist or nurse to enter into an influenza vaccine protocol agreement or otherwise delegate medical acts to such pharmacist or nurse. It shall be unlawful for a physician who is employed by a pharmacy to enter into an influenza vaccine protocol agreement or otherwise delegate medical acts to a pharmacist or nurse who is also employed by such pharmacy. (l) The board shall have the authority to promulgate rules and regulations governing a physician who is a party to an influenza vaccine protocol agreement in order to carry out the intent and purposes of this Code section. Further, the board shall:
(1) Require that the influenza vaccine protocol agreement be filed by the physician with the board and be made available by the board for public inspection; and (2) Promulgate by rule an approved standard protocol template that may be utilized as an influenza vaccine protocol agreement and make such template available on the board's website. (m) Nothing in this Code section shall be construed to require a physician to enter into an influenza vaccine protocol agreement. A public or private managed care system, health plan, hospital, insurance company, or similar entity shall not require a physician,

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pharmacist, or nurse to enter into an influenza vaccine protocol agreement as a condition for participation in or reimbursement from such entity. (n) No physician who complies with the provisions of this Code section shall be subject to criminal or civil liability or discipline for unprofessional conduct for:
(1) Entering into an influenza vaccine protocol agreement with a pharmacist or nurse; (2) Issuing an influenza vaccine order contained in an influenza vaccine protocol agreement with a pharmacist or nurse; or (3) The acts or omissions of a pharmacist or nurse pursuant to an influenza vaccine protocol agreement including the administration of influenza vaccine or epinephrine. Nothing in this subsection shall be interpreted as altering liability of an employer for acts of his or her employees. (o) This Code section shall not apply to any activities conducted within a hospital or within any other facility or entity owned, operated, or leased by a hospital. (p) This Code section shall not be interpreted as limiting the authority of any authorized person to dispense or administer influenza vaccine or other medications. (q) No influenza vaccine protocol agreement entered into pursuant to this Code section shall permit a pharmacist or nurse to administer an influenza vaccine to any child under the age of 13 without an individual prescription from a physician, and consent of the child's parent or legal guardian shall be a condition precedent to the administration of an influenza vaccine to a child under the age of 18."
SECTION 2. 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 revising Code Section 317-18, relating to influenza vaccinations for discharged patients aged 65 and older, as follows:
"31-7-18. (a) Annually between October 1 through March 1, prior 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 in accordance with the recommendations of the Centers for Disease Control and Prevention and any applicable rules and regulations of the department, unless contraindicated and contingent on availability of such vaccine, in accordance with any applicable rules and regulations of the department. A hospital may offer other patients such vaccinations in accordance with the recommendations of the Centers for Disease Control and Prevention and 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. (b) A hospital may offer to its health care workers any vaccination, test, or prophylactic measure required or recommended by, and in accordance with, the recommendations of the Centers for Disease Control and Prevention pursuant to standing orders approved by the hospital's medical staff to ensure the safety of employees, patients, visitors, and contractors.

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(c) 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. (d) Nothing in this Code section shall restrict or limit the use of standing orders in hospitals for any other lawful purpose."
SECTION 3. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended in Code Section 38-3-3, relating to definitions, by adding a new paragraph to read as follows:
"(4.1) 'Pandemic influenza emergency' means the declaration by the World Health Organization of at least a Phase 5 Pandemic Alert for influenza occurring in the United States or the State of Georgia or the declaration by the Centers for Disease Control and Prevention of at least a Category 2 Pandemic Severity Index for influenza occurring in the United States or the State of Georgia."
SECTION 4. Said chapter is further amended in Code Section 38-3-51, relating to emergency powers of the Governor, by revising subsection (a) as follows:
"(a) In the event of actual or impending emergency or disaster of natural or human origin, or pandemic influenza emergency, or impending or actual enemy attack, or a public health emergency, within or affecting this state or against the United States, the Governor may declare that a state of emergency or disaster exists. As a condition precedent to declaring that a state of emergency or disaster exists as a result of a public health emergency, the Governor shall issue a call for a special session of the General Assembly pursuant to Article V, Section II, Paragraph VII of the Constitution of Georgia, which session shall convene at 8:00 A.M. on the second day following the date of such declaration for the purpose of concurring with or terminating the public health emergency. The state of emergency or disaster shall continue until the Governor finds that the threat or danger has passed or the emergency or disaster has been dealt with, to the extent that emergency or disaster conditions no longer exist, and terminates the state of emergency or disaster. No state of emergency or disaster may continue for longer than 30 days unless renewed by the Governor. The General Assembly by concurrent resolution may terminate a state of emergency or disaster at any time. Thereupon, the Governor shall by appropriate action end the state of emergency or disaster."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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Representative Pruett of the 144th moved that the House agree to the Senate substitute to HB 217.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden
Beasley-Teague Y Benfield Y Benton Y Black 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 E Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H
Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar
Dooley Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier
Fullerton Y Gardner Y Geisinger Y Glanton
Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs
James Y Jerguson
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 Lindsey Y Long
Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G
Mangham

On the motion, the ayes were 139, nays 10.

Y Manning Y Marin Y Martin Y Maxwell Y May N Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell
Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor
Teilhet Y Thomas N Thompson Y Walker N Weldon E Wilkinson Y Willard
Williams, A N Williams, E Y Williams, M Y Williams, R
Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Beasley-Teague of the 65th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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House of Representatives Atlanta, Georgia 30334
This version of HB 217 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."
It would have been a violation of my oath of office to have voted to pass this version of HB 217.
/s/ Bobby Franklin Representative, District 43
HB 243. By Representatives Pruett of the 144th, Sellier of the 136th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:
A BILL
To amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to provide that only teachers currently receiving salary increases for National Board for Professional Teaching Standards certification shall be eligible for continuing increases; to provide for an exception for teachers enrolled in the process as of March 1, 2009; to provide that if an individual leaves a teaching position, he or she is no longer eligible for the salary increase; to provide that such increases are subject to appropriations by the General Assembly; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, is amended by revising Code Section 20-2-212.2, relating to

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salary increases for persons receiving certification from the National Board for Professional Teaching Standards, as follows:
"20-2-212.2. (a) As used in this Code section, the term:
(1) 'High-needs school' means a Georgia public school that has received an unacceptable rating for a period of two or more consecutive years; and (2) 'National certification' means certification obtained from the National Board for Professional Teaching Standards. (b) For initial national certification prior to July 1, 2006, and subsequent renewals anytime thereafter, (1) Any person who:
(A) Is currently teaching full time in a Georgia public school and holds a valid Georgia teaching certificate; and (B) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the starting state salary when national certification is received and recomputed each subsequent year based on the starting state salary for that school year. In the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. An individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly. (2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. (3) A portion of the national certification program participation fee may be paid by the state prior to certification for any person who: (A) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; (B) Has submitted an application and the initial qualifying payment to the National Board for Professional Teaching Standards; and (C) Has successfully completed a screening process developed by the Professional Standards Commission. (4)(2) A teacher for whom the State of Georgia pays a portion of the national certification participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the state's portion of the participation fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher,

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and repayment is not required if the teacher fails to receive national board certification. (5)(3) The portion of the national certification program participation fee paid by the participant shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to paragraph (1) of this subsection. This paragraph shall be subject to appropriations by the General Assembly. (6)(4) A teacher for whom the State of Georgia reimburses the cost of the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the reimbursement payment to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher. (b.1) Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2005, and who obtains initial certification and subsequent renewals after July 1, 2006, shall be eligible for salary increases, subject to appropriations by the General Assembly, pursuant to subsection (b) of this Code section if such person otherwise meets the requirements of subsection (b) of this Code section. (c) Except as provided for in subsection subsections (b.1) and (c.1) of this Code section, for initial national certification on and after between July 1, 2006, and March 1, 2009, and subsequent renewals anytime thereafter, (1) Any person who:
(A) Is currently teaching full time in a high-needs school and holds a valid Georgia teaching certificate as defined by the Professional Standards Commission; and (B) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the starting state salary when national certification is received. A teacher who transfers to a high-needs school after such individual receives national certification shall receive such increase beginning on the effective date of transfer if the teacher meets the requirements of this subsection, and such increase shall be computed based on the starting state salary on the effective date of the transfer. Provided such individual remains employed in a high-needs school or in a school that was designated as a highneeds school at the time the individual received national certification or transferred to such school and otherwise continues to meet the requirements of this subsection, the 10 percent increase shall be recomputed each subsequent year based on the starting state salary for that school year. An individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly. (2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification.

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(3)(2) The Professional Standards Commission shall provide annually to the Department of Education a roster of teachers who have attained and retained national certification and are eligible for the annual increase. (4) The Professional Standards Commission shall be authorized to accept, receive, distribute, and administer funds to be used for national certification program participation fees. (c.1) Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2009, shall be eligible for salary increases, subject to appropriations by the General Assembly, pursuant to subsection (c) of this Code section if such person otherwise meets the requirements of subsection (c) of this Code section. (d) Except as provided in subsection (c.1) of this Code section, on and after July 1, 2009, only teachers receiving a salary increase pursuant to this Code section as of March 1, 2009, shall be eligible to continue receiving such salary increases, subject to appropriations by the General Assembly, but only if such teachers otherwise meet all applicable requirements. (e) On and after July 1, 2009, subject to appropriations by the General Assembly, any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification and is currently teaching full-time in a high-needs school and holds a valid Georgia teaching certificate as defined by the Professional Standards Commission shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Pruett of the 144th moved that the House agree to the Senate substitute to HB 243.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison N Amerson N Anderson N Ashe N Austin N Baker N Barnard N Battles N Bearden N Beasley-Teague N Benfield N Benton N Black N Brooks

N Crawford N Davis, H
Davis, S N Dawkins-Haigler N Day Y Dempsey Y Dickson N Dobbs N Dollar N Dooley N Drenner N Dukes N Ehrhart N England E Epps, C N Epps, J

N Heckstall Y Hembree N Henson N Hill, C N Hill, C.A N Holt N Horne N Houston N Howard N Hudson N Hugley N Jackson E Jacobs N James N Jerguson
Johnson, C

N Manning N Marin
Martin Y Maxwell Y May N Mayo
McCall N McKillip N Meadows Y Millar Y Mills N Mitchell N Morgan N Morris N Mosby N Murphy

N Rynders N Scott, A
Scott, M N Sellier N Setzler N Shaw E Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield N Smith, B N Smith, L Y Smith, R N Smith, T E Smith, V

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N Bruce N Bryant N Buckner Y Burkhalter N Burns N Butler N Byrd N Carter, A N Carter, B
Casas Chambers Channell N Cheokas Y Coan Y Cole Y Coleman E Collins, D N Collins, T Y Cooper N Cox

Y Everson Floyd
N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton N Golick N Gordon N Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B N Harden, M N Hatfield N Heard

N Johnson, T Y Jones, J N Jones, S
Jordan N Kaiser Y Keen N Keown Y Knight N Knox N Lane, B
Lane, R N Levitas N Lindsey N Long
Loudermilk N Lucas Y Lunsford N Maddox, B
Maddox, G N Mangham

On the motion, the ayes were 34, nays 122.

N Neal N Nix N Oliver N O'Neal N Parham N Parrish N Parsons Y Peake N Porter
Powell, A N Powell, J Y Pruett N Ralston Y Ramsey N Randall N Reece Y Reese
Rice Y Roberts Y Rogers

E Smyre N Stephens, M
Stephens, R N Stephenson N Talton N Taylor N Teilhet N Thomas N Thompson N Walker N Weldon Y Wilkinson
Willard N Williams, A N Williams, E N Williams, M N Williams, R N Wix Y Yates
Richardson, Speaker

The motion was lost.

The House has disagreed.

SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd and others:

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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Representative Wilkinson of the 52nd moved that the House insist on its position in substituting SB 168.

The motion prevailed.

HB 56. By Representatives Willard of the 49th, Geisinger of the 48th, Powell of the 171st and Thompson of the 104th:

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

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municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
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 revise provisions of law relating to local sales and use taxation; to revise and change procedures and requirements regarding the renegotiation of distribution certificates for the joint county and municipal sales and use tax; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of said tax; to change certain provisions regarding limitations on imposition of certain local taxes; to authorize the imposition of a local option sales and use tax for transportation projects and costs within special districts; to establish special districts; to provide for definitions, procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for an up to 1 percent sales tax to be used to fund transportation projects in special transportation districts within the state; to provide for the creation of such districts, the governance thereof, and the development of a list of transportation projects of the district; to provide that each county may opt out of the district; to provide for the district to pass a resolution calling for a referendum within the district; to provide for the tax to be levied by the participating counties; to provide for the funds collected to be deposited in trust accounts; to provide for contracting and constructing of the transportation projects on the regional lists; to provide for exemptions; to provide for related matters; to change certain provisions regarding limitations on imposition of certain local taxes; to provide for the use of proceeds of certain local sales and use taxes for metropolitan rapid transit purposes; to provide for a referendum; to provide for applicability; to provide for effective dates; to provide for automatic repeal of certain provisions under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, is amended by revising subsection (d) of Code Section 48-8-89, relating to the

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distribution of proceeds of the joint county and municipal sales and use tax and the renegotiation of distribution certificates, as follows:
"(d)(1) Except as otherwise provided in paragraph (7) of this subsection, a certificate providing for the distribution of the proceeds of the tax authorized by this article shall expire on December 31 of the second year following the year in which the decennial census is conducted. No later than December 30 of the second year following the year in which the census is conducted, a renegotiated certificate meeting the requirements for certificates specified by subsection (b) of this Code section shall be filed with and received by the commissioner. The General Assembly recognizes that the requirement for government services is not always in direct correlation with population. Although a renegotiated certificate is required within a time certain of the decennial census, this requirement is not meant to convey an intent by the General Assembly that population as a criterion should be more heavily weighted than other criteria. It is the express intent of the General Assembly in requiring such renegotiation that eligible political subdivisions shall analyze local service delivery responsibilities and the existing allocation of proceeds made available to such governments under the provisions of this article and make rational the allocation of such resources to meet such service delivery responsibilities. Political subdivisions in their renegotiation of such distributions shall at a minimum consider the criteria specified in subsection (b) of this Code section. (2) The commissioner shall be notified in writing of the commencement of renegotiation proceedings by the county governing authority in on behalf of all eligible political subdivisions within the special district. The eligible political subdivisions shall commence renegotiations at the call of the county governing authority but no later than before July 1 of the second year following the year in which the census is conducted. If the county governing authority does not issue the call by that date, any eligible municipality may issue the call and so notify the commissioner and all eligible political subdivisions in the special district.
(3)(A) Following the commencement of such renegotiation, if the parties necessary to an agreement fail to reach an agreement within 60 days, such parties shall agree to submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which, in the judgment of the commissioner, reflects a good faith effort to resolve the dispute. Any renegotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (1) of this subsection. If the parties fail to reach an agreement within 60 days of submitting the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts, any party necessary to an agreement may file a petition in superior court of the county seeking resolution of the items remaining in dispute. Such petition shall be assigned to a judge pursuant to Code Section 15-1-9.1 or 156-13 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.

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(B) The county and qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district shall separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from the county and one from qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district. The offer from the county may be an offer representing the county and any municipalities that are not represented in the offer from the qualified municipalities representing at least one-half of the aggregate municipal population of all qualified municipalities located wholly or partially within the special district. (C) Any qualified municipality or municipalities located wholly or partially within the special district who are not a party to an offer under subparagraph (B) of this paragraph and representing at least one-half of the aggregate municipal population of all qualified municipalities who are not a party to an offer under subparagraph (B) of this paragraph shall be authorized to separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from such qualified municipality or municipalities. (D) Each offer under subparagraphs (B) and (C) of this paragraph shall take into account the allocation required for any absent municipalities in accordance with subsection (b) of this Code section. The visiting or senior judge shall conduct such hearings as the judge deems necessary and shall render a decision based on, but not limited to, the criteria in subsection (b) of this Code section and in paragraph (1) of this subsection. The judge's decision as to the allocation of the tax proceeds shall adopt the best and final offer of one of the parties under subparagraphs (B) and (C) of this paragraph but shall also include findings of fact. The judge shall enter a final order containing a new distribution certificate and transmit a copy of it to the commissioner. Appeal shall be by application and the decision of the judge shall be disturbed only for the judge's disregard of the law, for partiality of the judge, or for corruption, fraud, or misconduct by the judge or a party. (4) If the renegotiated certificate provided for in paragraph (1) of this subsection is not received by the commissioner by the required date, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31 of the second year following the year in which the decennial census is conducted and the tax shall not be levied in the special district after such date unless the reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. When the imposition of the tax is so terminated, the commissioner shall retain the proceeds of the tax which were to be distributed to the governing authorities of the county and qualified municipalities within the special district until the commissioner receives a certificate in behalf of each such governing authority specifying the percentage of the proceeds which each such governing authority shall receive. If no such certificate is received by the commissioner within 120 days of the date on which the authority to levy the tax was terminated, the proceeds shall escheat to the state and the commissioner shall

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transfer the proceeds to the state's general fund the commissioner shall continue to distribute the sales tax proceeds according to the percentages specified in the existing certificate or in accordance with subsection (f) of Code Section 48-8-89.1, as applicable, until a new certificate is properly filed. (5) If the commissioner receives the a renegotiated certificate by the required date, the commissioner shall distribute the proceeds of the tax in accordance with the directions of the renegotiated certificate commencing on January 1 of the year immediately following the year in which such certificate was renegotiated or the first day of the second calendar month following the month such certificate was renegotiated, whichever is sooner. (6) Costs of any conflict resolution under paragraph (3) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the tax as reflected by the renegotiated certificate or as otherwise ordered by the court. (7) All distribution certificates on file with the commissioner on July 1, 1994, which were not renegotiated in accordance with the 1990 decennial census figures or renegotiated on or after January 1, 1992, shall expire on December 31, 1995. Renegotiations with respect to such certificates shall be commenced in accordance with the requirements of this subsection on or before July 1, 1994. If a renegotiated certificate is not received by the commissioner by July 1, 1995, the authority to impose the tax authorized by Code Section 48-8-82 shall cease on December 31, 1995, and the tax shall not be levied in the special district after that date unless reimposition of the tax is subsequently authorized pursuant to Code Section 48-8-85. The commissioner shall retain and distribute the proceeds of such terminated tax in accordance with paragraph (4) of this subsection. (8) No qualified municipality within the special district whose population is less than 5 percent of the population in the special district according to the United States decennial census of 1990 shall receive a reduced percentage of distribution than presently being received under the existing certificate prior to renegotiations required in paragraph (7) of this subsection unless the new agreement is executed by the qualified municipality. This paragraph shall apply only to the negotiations required by paragraph (7) of this subsection and shall not apply to any subsequent renegotiations required by this subsection. (9)(7) Political subdivisions shall be authorized, at their option, to renegotiate distribution certificates on a more frequent basis than is otherwise required under this subsection. (8) Notwithstanding any other provision of this article to the contrary, the imposition of this tax shall not terminate based on a failure to file a new or renegotiated certificate. (10)(9) No provision of this subsection shall apply to any county which is authorized to levy or which levies a local sales tax, local use tax, or local sales and use tax for educational purposes pursuant to a local constitutional amendment or to any county which is authorized to expend all or any portion of the proceeds of any sales tax, use

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tax, or sales and use tax for educational purposes pursuant to a local constitutional amendment."
SECTION 1-2. Said chapter is further amended by revising subsection (d) of Code Section 48-8-89.1, relating to lapsing of said tax due to failure to file a new certificate, as follows:
"(d) If a new certificate is not filed for any special district as required by this Code section, the authority to impose the tax authorized by Code Section 48-8-82 within that special district shall cease on the first day of January of the year following the year in which the required distribution certificate could last have been timely filed. In any special district in which the authority to impose the tax is terminated pursuant to this subsection, the tax may thereafter be reimposed only pursuant to the procedures specified in Code Sections 48-8-84 through 48-8-86 Reserved."
SECTION 1-3. Said chapter is further amended by revising Code Section 48-8-92, relating to the referendum election on discontinuing imposition of said tax, as follows:
"48-8-92. (a) Whenever the governing authority of any county or and the governing authorities of at least one-half of qualified municipality municipalities located wholly or partially within a special district in which the tax authorized by this article is being levied wishes wish to submit to the electors of the special district the question of whether the tax authorized by Code Section 48-8-82 shall be discontinued, the such governing authority authorities shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a joint resolution of the governing authority authorities calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the tax to the voters of the special district for approval or rejection. The election superintendent shall set the date of the election for a day not less than 30 nor more than 45 days after the date of the issuance of the call issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of the county. The ballot shall have written or printed thereon the following:
'( ) YES Shall the 1 percent retail sales and use tax being levied within the ( ) NO special district within ____________ County be terminated?'
(b) All persons desiring to vote in favor of discontinuing the tax shall vote 'Yes,' and all persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the tax, then the tax shall cease to be levied on the first day of the second calendar quarter following the month in which the

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commissioner receives the certification of the result of the election; otherwise, the tax shall continue to be levied, and the question of the discontinuing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be his such superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election."
SECTION 1-4. Said chapter is further amended by revising subsection (b) of Code Section 48-8-6, relating to limitations on imposition of certain local taxes, by deleting "and" at the end of paragraph (3), by deleting the period at the end of paragraph (4) and replacing it with "; and", and by adding a new paragraph to read as follows:
"(5) A sales and use tax levied under Article 5 of this chapter."
SECTION 1-5. Said chapter is further amended by adding a new article to read as follows:
"ARTICLE 6
48-8-250. As used in this article, the term:
(1) 'Cost of project' or 'project costs' means the cost of construction, including without limitation relocation or adjustments of utilities; the cost of all lands, properties, rights, easements, and franchises acquired; relocation expenses; the cost of all machinery and equipment necessary for the operation of the project, the cost of engineering, legal expenses, 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 construction of any project, the placing of the same in operation, or the maintenance and operation of the same. (2) 'Dealer' means a dealer as defined in paragraph (3) of Code Section 48-8-2. (3) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution between a county and one or more qualified municipalities located within the special district containing a combined total of no less than 50 percent of the aggregate municipal population located within the special district. Such an agreement shall include the elements specified in subparagraphs (b)(1)(A) through (b)(1)(H) of Code Section 48-8-115. (4) 'Project' means existing or future land public transportation systems, including without limitation: (A) one or more roads or bridges or a system of roads, bridges, and

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tunnels or maintenance and operations thereof, with access limited or unlimited, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; and (B) any program for mass public transportation or mass public transportation facilities or maintenance and operations thereof and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities. (5) 'Qualified municipality' has the same meaning as in paragraph (4) of Code Section 48-8-110.
48-8-251. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts. (b) When the imposition of a special district sales and use tax is authorized according to the procedures provided in this article within a special district, the governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this article, impose within the special district a special sales and use tax for a limited period of time which tax shall be known as the special district transportation projects and costs local option sales tax. (c) Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3. (d) No sales and use tax shall be levied in a special district under this article in which a tax is levied and collected under Article 2 of this chapter.
48-8-252. (a) Prior to the issuance of the call for the referendum and prior to the vote of a county governing authority within a special district to impose the tax under this article, such governing authority shall enter into an intergovernmental agreement with any or all of the qualified municipalities within the special district and shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the county. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each municipality are to meet to discuss the proposed tax levy. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. Following such meeting, a county governing

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authority voting to impose the tax authorized by this article within the special district shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify the transportation projects and costs, separately identified by the county and by each qualified municipality expending proceeds of the tax, for which the proceeds of the tax are to be used and may be expended and specify:
(1) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years; (2) The maximum cost of the transportation projects and costs which will be funded from the proceeds of the tax, which maximum cost shall also be the maximum amount of net proceeds to be raised by the tax; and (3) If general obligation debt is to be issued in conjunction with the imposition of the tax, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life of the debt. (b) Upon receipt of the resolution or ordinance, the election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the county. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the election superintendent shall also include, in such form as may be specified by the county governing authority, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximum rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) of Code Section 36-82-1, which notice shall not be required. (c)(1) If the tax is to be imposed and if no debt is to be issued, the ballot shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall a special 1 percent sales and use tax be imposed in ___________ County for a period of time not to exceed _____________ and for the raising of not more than $_______ for the following transportation projects and costs: _____________?'

(2) If debt is to be issued, the ballot shall also have written or printed thereon, following the language specified by paragraph (1) of this subsection, the following:

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'If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of ___________ County in the principal amount of $___________ for the above purpose.' (d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and all persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. (e)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county.
48-8-253. With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the levy of a tax under this article by a consolidated government shall be in the same manner as the levy of the tax by any other county.

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48-8-254. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence. (b) The tax shall cease to be imposed on the earliest of the following dates:
(1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) At any time, no more than a single 1 percent tax under this article may be imposed within a special district. (2) The governing authority of a county within a special district in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a 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; provided, however, that in the event of emergency conditions under which a county is unable to conduct a referendum so as to continue the tax then in effect without interruption, the commissioner may, if feasible administratively, waive the limitations of subsection (a) of this Code section to the minimum extent necessary so as to permit the reimposition of a tax, if otherwise approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article, a county may initiate proceedings for the reimposition of a tax under this article in the same manner as provided in this article for initial imposition of such tax.
48-8-255. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within the special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions,

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procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.
48-8-256. Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale.
48-8-257. The proceeds of the tax collected by the commissioner in each county under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the county within the special district for distribution pursuant to the terms of the intergovernmental agreement.
48-8-258. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county.

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48-8-259. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the county in which the tax is imposed regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.
48-8-260. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters' approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax.
48-8-261. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.
48-8-262. Except as provided in Code Section 48-8-6 and subsection (d) of Code Section 48-8251, the tax authorized by this article shall be in addition to any other local sales and use tax. Except as provided in Code Section 48-8-6 and subsection (d) of Code Section 48-8-251, the imposition of any other local sales and use tax within a county shall not affect the authority of a county to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county.
48-8-263. (a)(1) The proceeds received from the tax authorized by this article shall be used by the county and qualified municipalities within the special district exclusively for the transportation projects and costs specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of the county and qualified municipalities receiving proceeds of the tax and shall not in any manner be commingled with other funds of such county or qualified municipalities prior to the expenditure.

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(2) The governing authority of the county and the governing authority of each qualified municipality receiving any proceeds from the tax pursuant to a contract with the county shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (b) No general obligation debt shall be issued in conjunction with the imposition of the tax authorized by this article unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general funds of the county. (c) The intergovernmental agreement and resolution or ordinance calling for imposition of the tax authorized by this article may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the intergovernmental agreement and resolution or ordinance so provide, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (d) The intergovernmental agreement and resolution or ordinance calling for the imposition of the tax authorized by this article may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the intergovernmental agreement and ordinance or resolution so provide, they shall specifically state the other purposes for which such proceeds will be used. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution or ordinance calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used.

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(f)(1)(A) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) of this subsection.
(B) If the county as agent for the special district receives from the tax net proceeds in excess of the maximum cost of the transportation projects and costs stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such purpose or purposes, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection unless otherwise specified in the intergovernmental agreement. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-253 by reason of denial of validation of debt, then all net proceeds received by the county as agent of the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county within the special district other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county, it being the intent that any funds so paid into the general fund of the county be used for the purpose of reducing ad valorem taxes.
48-8-264. The governing authority of the county and the governing authority of each qualified municipality receiving any proceeds from the tax under this article shall maintain a record of each and every purpose for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this article shall publish annually, in a newspaper of general circulation in the boundaries of such local government, a simple, nontechnical report which shows for each purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the local government intends to implement with respect to each purpose which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose."
PART II SECTION 2-1.

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Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Chapter 8, relating to sales and use taxes, by adding a new article to read as follows:
"ARTICLE 5
48-8-220. This article shall be known and may be cited as the 'Regional Transportation Local Option Sales Tax Act.'
48-8-221. As used in this article, the term:
(1) 'District' means the metropolitan transportation district and special transportation districts created in Code Sections 48-8-223 and 48-8-224. (2) 'Levy' means the district-wide sales and use tax authorized by Code Section 48-8222. (3) 'Qualified municipality' means a qualified municipality as defined in Code Section 48-8-110 situated wholly or partly within a district. (4) 'Transportation agency' means a Georgia department or authority authorized by general law to engage in activities relating to transportation projects or purposes. (5) 'Transportation project' or 'transportation purpose' means, without limitation, roads and bridges, freight and passenger rail, airports, public transit, buses, seaports, and all activities and structures useful and incident to providing, operating, and maintaining the same; provided, however, that 'transportation project' or 'transportation purpose' shall not include projects which are inconsistent with any state-wide strategic transportation plan adopted by the General Assembly. (6) 'Voting officials of the district' means the elected officials representing the county, counties, or qualified municipalities in a district.
48-8-222. (a) On or after January 1, 2011, a sales and use tax of up to 1 percent may be levied as provided in this article to fund transportation projects in a district. Except as to rate and except as otherwise provided in this article, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. (b) A county shall be wholly within one transportation district. No county shall be divided among more than one district. The boundaries of the districts shall be otherwise as determined by the constituent counties. (c) After the formation of a special transportation district, but prior to the passage of the resolution calling for imposition of the tax authorized by this article, the governing authority of any county sharing a boundary with any county within a district may by resolution opt into such district. Prior to the county governing authority's vote to opt into the district, the county shall follow the procedures of paragraph (2) of subsection (a) of Code Section 48-8-224 for meeting with all of the qualified municipalities. In

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order to add the county to the district, the governing authorities of the counties within the district must concur. Not less than ten days prior to a vote on a resolution for such purpose, notice of the intention of a county to opt into the district shall be transmitted by the governing authority of such county to the metropolitan transportation district board if created pursuant to Code Section 48-8-223, to the governing authority of each qualified municipality within the county proposing to opt into the district, and to the governing authority of each other county within such district. (d) District projects undertaken pursuant to this article shall not be subject to review or approval by the Georgia Regional Transportation Authority.
48-8-223. (a) There is created within this state a metropolitan transportation district encompassing and being coterminous with the geographical area consisting of Cherokee, Cobb, Douglas, Fulton, DeKalb, Fayette, Clayton, Henry, Rockdale, and Gwinnett counties, which comprise the metropolitan area planning and development commission pursuant to Article 4 of Chapter 8 of Title 50. The management and supervision of such district shall be vested in a district board to consist of those members of the council of the metropolitan area planning and development commission as provided for by Code Section 50-8-84 holding elective public office, to serve during their service as members of the commission and until their successors are duly elected and qualified. (b) Each county in a district may select one or more district transportation agencies to be responsible for designing, planning, and contracting for the construction of district projects. (c) The metropolitan transportation district may authorize the levy provided for by this article as follows:
(1) The district, in cooperation with its constituent counties and qualified municipalities and its designated transportation agency or agencies, shall propound by resolution a list of transportation projects to be funded by a district levy. Approval of such resolution shall require the affirmative vote of a majority of the voting members of the district. Such resolution shall include:
(A) A list of the specific transportation projects to be funded; (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; (C) The rate of the levy; and (D) The maximum period of time, to be stated in calendar years, for which the levy may be imposed. (2) The district resolution provided for by paragraph (1) of this subsection shall be immediately transmitted to the governing authority of each county and qualified municipality within the district. Each such governing authority shall thereafter have 45 days from the date of such submission to vote to opt the county out of such district. A county shall opt out of the district upon:

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(A) The affirmative vote of the county governing authority on a resolution for such purpose; and (B) If there are one or more municipalities within the county whose area within the county contains more than 50 percent of the population of the county, the affirmative vote on resolutions for such purpose by the governing authorities of qualified municipalities representing more than 50 percent of the population of the county. Only the vote described in subparagraph (A) of this paragraph shall be required for the opt-out if the county is not described in subparagraph (B) of this paragraph. For a county described in subparagraph (B) of this paragraph, the votes described in subparagraphs (A) and (B) of this paragraph shall be required for the opt-out. All measurements of population for purposes of this paragraph shall be according to the United States decennial census of 2000 or any future such census. Notice of the opting out of a county shall be immediately transmitted by the governing authority of such county to the governing authority of each other county within the district, to the governing authority of each qualified municipality within the county, and to the governing authority of each county sharing a border with any county within the district; (3) Upon any county opting out of a district pursuant to paragraph (2) of this subsection, any remaining constituent county shall have 30 days from the expiration of the 45 day period provided for in paragraph (2) of this subsection to opt out of such district by the same mechanism and with the same notice provided for in paragraph (2) of this subsection; (4) Those counties that do not opt out of a district within the time limits prescribed in this subsection and those which opt in pursuant to the provisions subsection (c) of Code Section 48-8-222 shall thereafter constitute the special transportation district. The voting officials of the district shall be reconstituted to include, pursuant to subsection (c) of Code Section 48-8-222, only the elected officials of those counties and qualified municipalities included in the special transportation district; (5) The voting officials of the district as reconstituted pursuant to paragraph (4) of this subsection shall meet as soon as practicable after the reconstitution of the district. The district in cooperation with its constituent counties and qualified municipalities and the designated transportation agency or agencies may revise by resolution the list of transportation projects, if necessary or advisable, to remove or amend any project planned for an area no longer within the district and to add or amend any project for an area that was added to the district; and (6) As soon as practicable after the expiration of the time for removal of counties from a district and after any revision of such resolution after the removal of any counties from the district, the voting officials of the district may by a majority vote submit to electors of the district the transportation project list and the question of whether the levy provided for by this article should be approved.
48-8-224. (a)(1) Special transportation districts not encompassing any part of the metropolitan transportation district created pursuant to Code Section 48-8-223 may be created by

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the governing authorities of two or more contiguous counties or by the governing authority of a single county. (2) Prior to the issuance of the call for the referendum required by subsection (d) of this Code section, the county or counties that desire to levy a tax under this article within the special transportation district created pursuant to this Code section shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each qualified municipality are to meet to discuss possible projects for inclusion in the referendum. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. (b)(1) Following the meeting required by paragraph (2) of subsection (a) of this Code section, the governing authority or authorities of the county or counties within the district may enter into an intergovernmental agreement with each other and with one or more qualified municipalities within the district containing a combined total of no less than 50 percent of the aggregate municipal population located within the district. (2) At a minimum, the intergovernmental agreement authorized by paragraph (1) of this subsection shall include the following:
(A) A list of the projects and proposals qualifying as transportation purposes proposed to be funded from the levy; (B) The estimated or projected dollar amounts allocated for each project from proceeds from the levy authorized by this article; (C) The procedures for distributing proceeds from the levy authorized by this article to qualified municipalities; (D) A schedule for distributing proceeds from the levy authorized by this article to qualified municipalities which shall include the priority or order in which projects will be fully or partially funded; (E) A provision that all transportation projects included in the agreement shall be funded from proceeds from the levy authorized by this article except as otherwise agreed; (F) A provision that proceeds from the levy authorized by this article shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this article; and (H) Such other provisions as the county, counties, and participating municipalities choose to address. (c)(1) Following the commencement of negotiation, if the parties necessary to an agreement fail to reach an agreement within 60 days, such parties shall submit the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts in a manner which reflects a good faith effort to resolve the dispute. Any negotiation agreement reached pursuant to this paragraph shall be in accordance with the requirements specified in paragraph (2) of this subsection. If the parties fail to

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reach an agreement within 60 days of submitting the dispute to nonbinding arbitration, mediation, or such other means of resolving conflicts, any party necessary to an agreement may file a petition in superior court of the county seeking resolution of the items remaining 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 county and qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district shall separately submit to the judge and the other parties a written best and final offer as to the distribution of the tax proceeds. There shall be one such offer from the county and one from qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district. The offer from the county may be an offer representing the county and any municipalities that are not represented in the offer from the qualified municipalities representing at least 50 percent of the aggregate municipal population of all qualified municipalities located wholly or partially within the district. The visiting or senior judge shall conduct such hearings as the judge deems necessary and shall render a decision based on, but not limited to, the criteria in paragraph (2) of this subsection. The judge's decision on the allocation of the levy proceeds shall adopt the best and final offer of one of the parties but shall also include findings of fact. The judge shall enter a final order containing a distribution certificate and transmit a copy of it to the commissioner of revenue. Appeal shall be by application and the decision of the judge shall be altered only for the judge's disregard of the law, for partiality of the judge, or for corruption, fraud, or misconduct by the judge or a party. (2) The judge's decision on the allocation of the levy proceeds shall be based upon, but not be limited to, the following criteria:
(A) Assurance of future trip reliability and competitive travel times; (B) Navigation around metropolitan area congestion; (C) Connection of major freight origins and destinations; (D) Creation of limited access facilities for trucks connecting other origins and destinations; (E) Creation of new capacity for freight rail; (F) Addressing of major bottlenecks; (G) Improvement or grade separation of major at-grade rail crossings; (H) Expansion of access to jobs and linkage of labor markets; (I) Implementation of current transportation plans; (J) Creation of a high-speed or commuter rail network; (K) Enhancement of public mass transit operations and capacity; (L) Maintenance and improvement of existing roads and bridges; and (M) Each jurisdiction's mileage of public roads and vehicle mileage traveled as determined by the Georgia Department of Transportation.

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(3) Costs of any conflict resolution under paragraph (1) of this subsection shall be borne proportionately by the affected political subdivisions in accordance with the final percentage distributions of the proceeds of the levy as reflected by the renegotiated certificate or as otherwise ordered by the court. (d)(1) As soon as practicable after the meeting between the governing authorities of the county, counties, and qualified cities and the execution of an intergovernmental agreement, if applicable, the governing authorities of the counties of the district may by a majority vote on a resolution offered for such purpose submit the project list and the question of whether the levy provided for by this article should be approved to electors of the district in an election called for such purpose and shall notify each county election superintendent within the district by forwarding to the superintendent a copy of such resolution calling for the imposition of the levy. (2) The resolution authorized by paragraph (1) of this subsection shall describe:
(A) The specific transportation projects to be funded; (B) The approximate cost of such projects, which shall also be the maximum amount of net proceeds to be raised by the levy; and (C) The maximum period of time, to be stated in calendar years, for which the levy may be levied and the rate thereof. (e) Each county in a district may select one or more district transportation agencies to be responsible for designing, planning, and contracting for the construction of district projects.
48-8-225. (a) Except as otherwise provided in this Code section, the procedures for conducting the referendum on the question of imposing the levy shall correspond generally to the procedures provided for by Part 1 of Article 3 of this chapter, except that the project or proposal list provided for by Code Sections 48-8-223 and 48-8-224, or a digest thereof, shall be available during regular business hours in the office of the county clerk of each county that has authorized the levy. (b) The ballot submitting the question of the imposition of the levy authorized by this article to the voters within the special district shall have written or printed thereon the following:
'( ) YES Shall a special ___ percent sales and use tax be imposed in the special transportation district consisting of _______County (or Counties) for a
( ) NO period of time not to exceed _______ and for the raising of not more than an estimated amount of $_______ for the purpose of transportation?'
(c) The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. All persons desiring to vote in favor of imposing the levy shall vote 'Yes' and all persons opposed to imposing the levy shall vote 'No.' If more than one-half of the votes

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cast throughout the entire district are in favor of imposing the levy, then the levy shall be imposed as provided in this article. (d) Where such question is not approved by the voters, the county or counties of the district may resubmit such question from time to time and may amend such project or proposal list or digest thereof. Proceedings for the reimposition of such levy shall be in the same manner as proceedings for the initial imposition of the levy, but the newly authorized levy shall not be imposed until the expiration of the levy then in effect. (e) Whenever the levy is authorized pursuant to the provisions of this article, the counties within the approving district shall levy a sales and use tax as provided for by this article, to be collected as provided by law.
48-8-226. The proceeds of a levy authorized by this article shall be transferred to a trust fund maintained on behalf of the district by the metropolitan district board if created pursuant to Code Section 48-8-223 or by one of the counties that created the district, a regional commission, or some other public body agreed to by the county or counties that created the district if the district was created pursuant to Code Section 48-8-224. Such proceeds are to be expended as provided for by this article and shall be used exclusively for the purpose or purposes specified in the resolution calling for imposition of the levy and shall not be commingled in any manner with any other funds held or received by any county, municipality, or metropolitan district board.
48-8-227. Upon request of the metropolitan district board, if the district was created pursuant to Code Section 48-8-223, or upon request of the county or counties that created the district, if the district was created pursuant to Code Section 48-8-224, the district transportation agency or agencies and the Department of Community Affairs shall cooperate with the district and its constituent counties and qualifying municipalities, and upon request of such parties shall be responsible for designing, planning, and contracting for the construction of the projects.
48-8-228. Nothing in this article shall be construed to prohibit counties and municipalities located in a district from imposing as additional taxes local sales and use taxes otherwise authorized by general law.
48-8-229. The levy authorized by this article shall not be imposed in any jurisdiction the electors of which were not eligible to vote in an election called to approve such levy.
48-8-230. The levy authorized by this article shall not be subject to any allocation or balancing of state and federal funds provided for by general law, nor may such proceeds be considered or taken into account in any such allocation or balancing.

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48-8-231. (a) The levy provided for by this article shall only be levied on the first $5,000.00 of any transaction regarding a motor vehicle, watercraft, or aircraft. (b) The levy provided for by this article 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, offroad farm or agricultural equipment, or locomotives; (2) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways. For purposes of this paragraph, '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.
48-8-232. Except as otherwise specifically provided in this article, the levy authorized by this article shall be subject to any sales and use tax exemption which is otherwise imposed by general law; provided, however, that such levy shall be levied on the sale of food or beverages as provided for in paragraph (57) of Code Section 48-8-3.
48-8-233. (a) A record of projects on which levy proceeds are used shall be maintained by each county and municipality receiving proceeds from the levy authorized by this article, and a report shall prepared not later than December 31 of each year. Such record and report shall conform to the requirements of Code Section 48-8-122. (b) 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 its procurement practices."
SECTION 2-2. Said title is further amended by revising subsection (b) of Code Section 48-8-6, relating to limitations on imposition of certain local taxes, by deleting "and" at the end of paragraph (3), by deleting the period at the end of paragraph (4) and replacing it with "; and", and by adding a new paragraph to read as follows:
"(5) A sales and use tax levied under Article 5 of this chapter."
PART III SECTION 3-1.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new chapter to read as follows:

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"CHAPTER 8A
48-8A-1. Notwithstanding any provision of law to the contrary, any metropolitan rapid transit authority created by local constitutional amendment shall be authorized to expand and use proceeds of the tax levied pursuant to such local constitutional amendment and implementing laws as provided in this chapter.
48-8A-2. (a) The proceeds of any metropolitan rapid transit authority tax levied pursuant to local constitutional amendment and implementing laws shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with such metropolitan rapid transit authority as contemplated in the local constitutional amendment and implementing laws. For the period beginning on the effective date of this Code section, there shall be no restriction on the use of the proceeds of the tax. The board of the metropolitan rapid transit authority shall file with the applicable metropolitan rapid transit overview committee annually, the original and 14 copies of a report of the findings of a completed management performance audit of the authority's current operations, which audit was performed under contract with and at the expense of the authority, along with any auditor's recommendations based thereon and the auditor's signed written verification that the metropolitan rapid transit authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary. Commencing on the effective date of this Code section and only if expressly authorized by the board, interest earned on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid transit system; for replacing, repairing, or renovating equipment or other capital assets thereof; or from the sale or other disposition of real property may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system. (b) Any limitation contained in such implementing laws to the contrary notwithstanding, the board of such authority may, in its sole discretion, and for any fiscal year commencing July 1, 2009, or thereafter, use any interest earned on any selfinsurance reserve established pursuant to such implementing laws to pay the operating costs of the system."
PART IV SECTION 4-1.
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 Part II of 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, 2010, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the

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date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:
"( ) YES Shall the Regional Transportation Local Option Sales Tax be approved ( ) NO which allows a regional local option sales tax of up to 1 percent to be
used to fund transportation projects within the region from which the funds are collected?" All persons desiring to vote for approval of Part II of the Act shall vote "Yes," and all persons desiring to vote for rejection of Part II of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Part II of the Act, then Part II of this Act shall become effective on January 1, 2011. If Part II of this Act is not so approved or if the election is not conducted as provided in this section, Part II of this Act shall not become effective and Part II of this Act and this part shall be automatically repealed on the first day of January immediately following that election date.
PART V SECTION 5-1.
(a) Sections 1-1 through 1-3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1-4 of this Act shall become effective on January 1, 2011. (c) Part II of this Act shall only become effective as provided in Part III of this Act. (d) Parts III and IV of this Act and this part shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5-2. 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 56.
HB 575. By Representatives Golick of the 34th, Ramsey of the 72nd, Levitas of the 82nd, Bearden of the 68th, Cooper of the 41st and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:

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A BILL
To amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to change certain provisions relating to kidnapping; 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 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, is amended by revising Code Section 16-5-40, relating to kidnapping, as follows:
"16-5-40. (a) A person commits the offense of kidnapping when he such person abducts or steals away any another person without lawful authority or warrant and holds such other person against his or her will.
(b)(1) For the offense of kidnapping to occur, slight movement shall be sufficient; provided, however, that any such slight movement of another person which occurs while in the commission of any other offense shall not constitute the offense of kidnapping if such movement is merely incidental to such other offense. (2) Movement shall not be considered merely incidental to another offense if it:
(A) Conceals or isolates the victim; (B) Makes the commission of the other offense substantially easier; (C) Lessens the risk of detection; or (D) Is for the purpose of avoiding apprehension. (c) The offense of kidnapping shall be considered a separate offense and shall not merge with any other offense. (b)(d) A person convicted of the offense of kidnapping shall be punished by: (1) Imprisonment for not less than ten nor more than 20 years if the kidnapping involved a victim who was 14 years of age or older; (2) Imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, if the kidnapping involved a victim who is less than 14 years of age; (3) Life imprisonment or death if the kidnapping was for ransom; or (4) Life imprisonment or death if the person kidnapped received bodily injury. (c)(e) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (f) The offense of kidnapping is declared to be a continuous offense, and venue may be in any county where the accused exercises dominion or control over the person of another."

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SECTION 2. 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 575.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks N 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd N Fludd N Franklin Y Frazier Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson E Jacobs Y James Y Jerguson
Johnson, C Y Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen Y Keown Y Knight N Knox N Lane, B
Lane, R Y Levitas Y Lindsey N Long
Loudermilk Y Lucas Y Lunsford Y Maddox, B
Maddox, G Mangham

Manning Y Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter
Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw E Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B
Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker
Weldon Y Wilkinson
Willard Y Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

On the motion, the ayes were 131, nays 32.

The motion prevailed.

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

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Mr. Speaker:
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 63. 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 for additional requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; 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, Chance of the 16th, and Harp of the 29th.
Mr. Speaker:
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 Senate:
SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th:
A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Johnson of the 1st, Weber of the 40th, and Moody of the 56th.
The Senate has disagreed to the House amendment to the following bill of the Senate:
SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th:
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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; 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 201. By Senators Balfour of the 9th, Buckner of the 44th, Williams of the 19th, Golden of the 8th, Mullis of the 53rd and others:
A BILL to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for voluntary contributions through individual income tax returns and other mechanisms for cancer research; 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 238. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
Mr. Speaker:

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The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; 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, Tolleson of the 20th, and Unterman of the 45th.
The Senate adheres to its disagreement to the House amendment to 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 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Dawkins-Haigler of the 93rd:
A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Johnson of the 1st, Weber of the 40th, and Moody of the 56th.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th:

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A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hamrick of the 30th, Cowsert of the 46th, and Smith of the 52nd.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 318. By Representatives McCall of the 30th and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Chance of the 16th, Douglas of the 17th, and Pearson of the 51st.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Chance of the 16th, Rogers of the 21st, and Balfour of the 9th.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:

A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 119

The Committee of Conference on HB 119 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 119 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/ Chip Rogers Senator, 21st District

/s/ Jerry Keen Representative, 179th District

/s/ Tommie Williams Senator, 19th District

/s/ Mark Burkhalter Representative, 50th District

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A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010; 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, 2009, and ending June 30, 2010, as prescribed hereinafter for such fiscal year:

HB 119

Gov Rev

House

Senate

CC

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 Nursing Home Provider Fees Care Management Organization Fees
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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

$18,569,866,489 $18,569,866,489 $18,569,866,489 $18,569,866,489

$16,405,735,024 $16,405,735,024 $16,240,681,184 $16,240,681,184

$913,000,000 $913,000,000 $913,000,000 $913,000,000

$938,089,332 $938,089,332 $938,089,332 $938,089,332

$310,975,744 $310,975,744 $310,975,744 $310,975,744

$2,066,389

$2,066,389

$2,066,389

$2,066,389

$122,528,939 $122,528,939

$42,524,901 $42,524,901

$11,938,508,870 $12,666,830,500 $12,431,487,833 $12,523,037,571

$567,460,180 $648,284,541 $567,460,180 $661,430,468

$94,361,006 $94,361,006 $94,361,006 $94,361,006

$88,352,867 $115,352,867 $136,014,978 $136,014,978

$13,130,623 $13,130,623 $13,130,623 $13,130,623

$17,397,861 $17,397,861 $17,397,861 $17,397,861

$3,282,141,128 $3,300,286,128 $3,303,482,450 $3,303,537,988

$1,242,517,438 $1,242,517,438 $1,242,517,438 $1,242,517,438

$86,793,400 $100,679,167 $87,079,167 $87,079,167

$24,906,536 $24,906,536 $24,906,536 $24,906,536

FRIDAY, APRIL 3, 2009

5627

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 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 Provider Fee Transfers from Dept of Community Health 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

$20,366,584 $5,694,839,245
$59,700,314 $4,404,431
$54,994,483 $277,670,029 $372,124,209 $346,324,209 $25,800,000
$37,348,536 $4,156,789,378
$47,279,570 $28,000,000 $19,279,570 $30,991,249 $30,991,249
$5,062,984 $5,062,984 $1,970,243,339 $214,057,828
$1,756,185,511 $95,634,744 $95,634,744 $3,689,716 $3,689,716
$2,002,598,179 $435,771
$2,002,162,408 $1,289,597 $1,289,597
$3,345,663,334 $3,320,807,891
$10,286,033 $608,684
$7,962,621 $657,795
$2,798,987,329 $36,801,423 $49,111,814

$20,366,584 $6,242,578,982
$59,700,314 $4,404,431
$54,994,483 $318,396,794 $372,124,209 $346,324,209 $25,800,000 $37,348,536 $4,150,767,018 $47,279,570 $28,000,000
$19,279,570 $27,159,994 $27,159,994
$5,062,984 $5,062,984 $1,973,496,014 $214,057,828 $3,077,675 $1,756,360,511 $95,264,744 $95,264,744 $3,689,716 $3,689,716 $1,997,524,399
$435,771 $1,997,088,628
$1,289,597 $1,289,597 $3,378,632,214 $3,353,776,771 $10,286,033
$608,684 $7,962,621
$657,795 $2,833,031,101
$36,801,423 $49,111,814

$20,366,584 $6,087,672,664
$59,700,314 $4,404,431
$54,994,483 $312,625,625 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,157,105,068 $47,279,570 $28,000,000
$19,279,570 $19,294,207 $19,294,207 $5,062,984 $5,062,984 $1,966,197,492 $214,057,828
$1,752,139,664 $95,264,744 $95,264,744 $3,599,210 $3,599,210
$2,007,553,569 $435,771
$2,007,117,798 $12,853,292 $12,853,292
$3,203,553,286 $3,185,597,843
$10,286,033 $608,684
$8,069,802 $657,795
$2,664,744,992 $36,801,423 $49,111,814

$20,366,584 $6,085,196,576
$59,700,314 $4,404,431
$54,994,483 $312,625,625 $368,024,957 $342,224,957 $25,800,000 $37,348,536 $4,324,027,824 $47,279,570 $28,000,000 $19,279,570 $190,810,005 $190,810,005
$5,062,984 $5,062,984 $1,966,197,492 $214,057,828
$1,752,139,664 $95,264,744 $95,264,744 $3,599,210 $3,599,210
$2,002,960,527 $435,771
$2,002,524,756 $12,853,292 $12,853,292
$3,203,442,972 $3,185,487,529
$10,286,033 $608,684
$8,069,802 $657,795
$2,664,634,678 $36,801,423 $49,111,814

5628

JOURNAL OF THE HOUSE

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 Grant to Local Educational Agencies CFDA84.010 FF Medical Assistance Program CFDA93.778 FF National School Lunch Program CFDA10.555 FF Temporary Assistance for Needy Families CFDA93.558 FF Water Quality Management Planning CFDA66.454 Agency Funds Transfers Agency Fund Transfers Not Itemized 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 Nursing Home Provider Fees Care Management Organization Fees
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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

$1,330,388

$1,330,388

$1,330,388

$1,330,388

$10,689,069

$9,614,177

$9,614,177

$9,614,177

$333,430

$333,430

$333,430

$333,430

$295,125

$295,125

$295,125

$295,125

$280,857,262 $280,857,262 $280,857,262 $280,857,262

$20,369,650 $20,369,650 $20,369,650 $20,369,650

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$41,931,075 $41,931,075 $41,931,075 $41,931,075

$759,169

$759,169

$759,169

$759,169

$8,060,300

$8,060,300

$8,060,300

$8,060,300

$50,728,985 $50,728,985 $50,728,985 $50,728,985

$23,589,119 $23,589,119 $16,689,119 $16,689,119

$1,802,127

$1,802,127

$1,802,127

$1,802,127

$703,693

$703,693

$703,693

$703,693

$110,351

$110,351

$110,351

$110,351

$8,615,946

$8,615,946

$8,615,946

$8,615,946

$4,237,381

$4,237,381

$4,237,381

$4,237,381

$6,900,000

$6,900,000

$1,219,621

$1,219,621

$1,219,621

$1,219,621

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$1,266,324

$34,665,164,737 $35,387,464,007 $35,158,459,390 $35,416,931,884

($2,596,016,027) ($2,596,016,027) ($2,596,016,027) ($2,596,016,027)

($2,674,694,556) ($2,674,694,556) ($2,839,748,396) ($2,839,748,396)

($129,158,859) ($129,158,859) ($129,158,859) ($129,158,859)

$55,833,589 $55,833,589 $55,833,589 $55,833,589

$151,906,403 $151,906,403 $151,906,403 $151,906,403

$97,396

$97,396

$97,396

$97,396

$122,528,939 $122,528,939

$42,524,901 $42,524,901

$819,510,265 $1,547,831,895 $1,312,489,228 $1,404,038,966

$567,460,180 $648,284,541 $567,460,180 $661,430,468

($285,841)

($285,841)

($285,841)

($285,841)

($72,752) $26,927,248 $47,589,359 $47,589,359

($11,323)

($11,323)

($11,323)

($11,323)

($15,255,536) $2,889,464

$6,085,786

$6,141,324

($950,500) $12,935,267

($664,733)

($664,733)

($5,765)

($5,765)

($5,765)

($5,765)

FRIDAY, APRIL 3, 2009

5629

Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Child Care Development Fund per 42 USC 604 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Provider Fee Transfers from Dept of Community Health 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 Property Insurance Funds Retirement Payments Workers Compensation Funds Federal Funds Transfers FF Child Support Enforcement Title IV-D CFDA93.563 FF Temporary Assistance for Needy Families CFDA93.558 TOTAL PUBLIC FUNDS

($619,473)

($619,473)

($619,473)

($619,473)

$326,163,374 $873,903,111 $718,996,793 $716,520,705

($19,674)

($19,674)

($19,674)

($19,674)

($40,330,517)

$396,248 ($5,374,921) ($5,374,921)

$26,055,565 $26,055,565 $21,956,313 $21,956,313

$24,355,565 $24,355,565 $20,256,313 $20,256,313

$1,700,000

$1,700,000

$1,700,000

$1,700,000

($42,617,473) ($42,617,473) ($42,617,473) ($42,617,473)

($251,619,057) ($257,641,417) ($251,303,367) ($84,380,611)

($235,672,921) ($239,504,176) ($247,369,963) ($75,854,165)

($235,672,921) ($239,504,176) ($247,369,963) ($75,854,165)

($12,472,493) ($9,219,818) ($16,518,340) ($16,518,340)

$3,077,675

($12,472,493) ($12,297,493) ($16,518,340) ($16,518,340)

$51,000

($319,000)

($319,000)

($319,000)

$51,000

($319,000)

($319,000)

($319,000)

($2,751,287) ($2,751,287) ($2,841,793) ($2,841,793)

($2,751,287) ($2,751,287) ($2,841,793) ($2,841,793)

($773,356) ($5,847,136) $4,182,034

($411,008)

($773,356) ($5,847,136) $4,182,034

($411,008)

$11,563,695 $11,563,695

$11,563,695 $11,563,695

$97,839,189 $130,808,069 ($44,270,859) ($44,381,173)

$97,804,108 $130,772,988 ($37,405,940) ($37,516,254)

($289,573)

($289,573)

($182,392)

($182,392)

$102,276,151 $136,319,923 ($31,966,186) ($32,076,500)

($135,200)

($135,200)

($135,200)

($135,200)

($50,486)

($50,486)

($50,486)

($50,486)

($1,593,079) ($2,667,971) ($2,667,971) ($2,667,971)

($319,185)

($319,185)

($319,185)

($319,185)

($1,907,320) ($1,907,320) ($1,907,320) ($1,907,320)

($177,200)

($177,200)

($177,200)

($177,200)

$35,081

$35,081 ($6,864,919) ($6,864,919)

$35,081

$35,081

$35,081

$35,081

($6,900,000) ($6,900,000)

($1,930,285,630) ($1,175,017,480) ($1,579,101,025) ($1,320,738,845)

5630

JOURNAL OF THE HOUSE

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

Section Total - Continuation

$11,402,191 $11,402,191 $11,402,191

$11,402,191 $11,402,191 $11,402,191

$11,402,191 $11,402,191 $11,402,191

Section Total - Final $11,007,944 $10,271,420 $11,007,944 $10,271,420 $11,007,944 $10,271,420

$10,513,575 $10,513,575 $10,513,575

Continuation Budget

$1,365,993 $1,365,993 $1,365,993

$1,365,993 $1,365,993 $1,365,993

$1,365,993 $1,365,993 $1,365,993

$11,402,191 $11,402,191 $11,402,191
$10,513,575 $10,513,575 $10,513,575
$1,365,993 $1,365,993 $1,365,993

1.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($40,372)

($35,110)

$0

$0

1.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($13,529)

($105,864)

($105,864)

($105,864)

1.100-Lieutenant Governor's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 119)

$1,312,092

$1,225,019

$1,312,092

$1,225,019

$1,312,092

$1,225,019

$1,260,129 $1,260,129 $1,260,129

$1,260,129 $1,260,129 $1,260,129

Secretary of the Senate's Office
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$1,334,397 $1,334,397 $1,334,397

$1,334,397 $1,334,397 $1,334,397

$1,334,397 $1,334,397 $1,334,397

$1,334,397 $1,334,397 $1,334,397

2.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($27,502)

($23,429)

$0

$0

2.2 Reduce funds to reflect the revised revenue estimate.

FRIDAY, APRIL 3, 2009

5631

State General Funds
2.100-Secretary of the Senate's Office TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS
Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

($13,515)

($104,472)

($104,472)

Appropriation (HB 119)

$1,293,380

$1,206,496

$1,293,380

$1,206,496

$1,293,380

$1,206,496

$1,229,925 $1,229,925 $1,229,925

Continuation Budget

$7,629,495 $7,629,495 $7,629,495

$7,629,495 $7,629,495 $7,629,495

$7,629,495 $7,629,495 $7,629,495

($104,472)
$1,229,925 $1,229,925 $1,229,925
$7,629,495 $7,629,495 $7,629,495

3.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($179,648)

($155,755)

$0

$0

3.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($76,396)

($595,206)

($595,206)

($595,206)

3.100 -Senate TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 119)

$7,373,451

$6,878,534

$7,373,451

$6,878,534

$7,373,451

$6,878,534

$7,034,289 $7,034,289 $7,034,289

$7,034,289 $7,034,289 $7,034,289

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

$1,072,306 $1,072,306 $1,072,306

$1,072,306 $1,072,306 $1,072,306

$1,072,306 $1,072,306 $1,072,306

$1,072,306 $1,072,306 $1,072,306

4.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($32,703)

($27,861)

$0

$0

4.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($10,582)

($83,074)

($83,074)

($83,074)

5632

JOURNAL OF THE HOUSE

4.100-Senate Budget and Evaluation Office

Appropriation (HB 119)

The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate.

TOTAL STATE FUNDS

$1,029,021

$961,371

State General Funds

$1,029,021

$961,371

TOTAL PUBLIC FUNDS

$1,029,021

$961,371

$989,232 $989,232 $989,232

Section 2: Georgia House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $19,150,515 $17,868,850 $19,150,515 $17,868,850 $19,150,515 $17,868,850

$18,302,585 $18,302,585 $18,302,585

House of Representatives
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

$19,850,950 $19,850,950 $19,850,950

$989,232 $989,232 $989,232
$19,850,950 $19,850,950 $19,850,950
$18,302,585 $18,302,585 $18,302,585
$19,850,950 $19,850,950 $19,850,950

5.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($501,925)

($433,735)

$0

$0

5.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($198,510) ($1,548,365) ($1,548,365) ($1,548,365)

5.100-House of Representatives TOTAL STATE FUNDS
State General Funds TOTAL PUBLIC FUNDS

Appropriation (HB 119) $19,150,515 $17,868,850 $19,150,515 $17,868,850 $19,150,515 $17,868,850

$18,302,585 $18,302,585 $18,302,585

$18,302,585 $18,302,585 $18,302,585

Section 3: Georgia General Assembly Joint Offices

Section Total - Continuation

FRIDAY, APRIL 3, 2009

5633

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$10,479,449 $10,479,449 $10,479,449

$10,479,449 $10,479,449 $10,479,449

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final

$10,200,607

$9,686,262

$10,200,607

$9,686,262

$10,200,607

$9,686,262

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

$4,728,361 $4,728,361 $4,728,361

$4,728,361 $4,728,361 $4,728,361

$10,479,449 $10,479,449 $10,479,449
$9,836,665 $9,836,665 $9,836,665
$4,728,361 $4,728,361 $4,728,361

$10,479,449 $10,479,449 $10,479,449
$9,836,665 $9,836,665 $9,836,665
$4,728,361 $4,728,361 $4,728,361

6.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($78,655)

($28,872)

$0

$0

6.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($47,358)

($375,410)

($375,410)

($375,410)

6.100-Ancillary Activities

Appropriation (HB 119)

The purpose of this appropriation is to provide services for the legislative branch of government.

TOTAL STATE FUNDS

$4,602,348

$4,324,079

State General Funds

$4,602,348

$4,324,079

TOTAL PUBLIC FUNDS

$4,602,348

$4,324,079

$4,352,951 $4,352,951 $4,352,951

$4,352,951 $4,352,951 $4,352,951

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

$2,646,281 $2,646,281 $2,646,281

$2,646,281 $2,646,281 $2,646,281

$2,646,281 $2,646,281 $2,646,281

$2,646,281 $2,646,281 $2,646,281

7.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

5634

JOURNAL OF THE HOUSE

State General Funds

($44,019)

($36,951)

$0

$0

7.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($26,504)

($208,044)

($208,044)

($208,044)

7.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$185,620

$185,620

$185,620

7.4 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($4,940)

($4,940)

($4,940)

7.100-Legislative Fiscal Office

Appropriation (HB 119)

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

$2,575,758

$2,581,966

$2,618,917

$2,618,917

State General Funds

$2,575,758

$2,581,966

$2,618,917

$2,618,917

TOTAL PUBLIC FUNDS

$2,575,758

$2,581,966

$2,618,917

$2,618,917

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

$3,104,807 $3,104,807 $3,104,807

$3,104,807 $3,104,807 $3,104,807

$3,104,807 $3,104,807 $3,104,807

$3,104,807 $3,104,807 $3,104,807

8.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($51,374)

($84,580)

$0

$0

8.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($30,932)

($240,010)

($240,010)

($240,010)

8.100-Office of Legislative Counsel

Appropriation (HB 119)

The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly.

TOTAL STATE FUNDS

$3,022,501

$2,780,217

$2,864,797

State General Funds

$3,022,501

$2,780,217

$2,864,797

TOTAL PUBLIC FUNDS

$3,022,501

$2,780,217

$2,864,797

$2,864,797 $2,864,797 $2,864,797

Section 4: Audits and Accounts, Department of

Section Total - Continuation

FRIDAY, APRIL 3, 2009

5635

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$35,427,174 $35,427,174 $35,427,174

$35,427,174 $35,427,174 $35,427,174

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $31,754,444 $31,679,619 $31,754,444 $31,679,619 $31,754,444 $31,679,619

Audit and Assurance Services

Continuation Budget

The purpose of this appropriation is to provide financial, performance, and information system audits.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$31,283,984 $31,283,984 $31,283,984

$31,283,984 $31,283,984 $31,283,984

$35,427,174 $35,427,174 $35,427,174
$32,380,418 $32,380,418 $32,380,418
$31,283,984 $31,283,984 $31,283,984

$35,427,174 $35,427,174 $35,427,174
$32,380,418 $32,380,418 $32,380,418
$31,283,984 $31,283,984 $31,283,984

9.1 Reduce funds from personnel.

State General Funds

($1,453,366) ($1,345,577) ($1,345,577) ($1,345,577)

9.2 Reduce funds received in HB990 (FY09G) to develop an auditing function for funding formulas and program inputs to include all education agencies.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

9.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,051,234)

($908,417)

$0

$0

9.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($296,066)

($296,066)

($568,534)

($568,534)

9.5 Defer the FY09 cost of living adjustment.

State General Funds

($203,707)

($203,707)

($203,707)

9.99 CC: The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. Senate: The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports

5636

JOURNAL OF THE HOUSE

conducted by other independent auditors of local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government.

State General Funds

$0

$0

9.100-Audit and Assurance Services

Appropriation (HB 119)

The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education

systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State

of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct

performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of

local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online

to promote transparency in government.

TOTAL STATE FUNDS

$27,983,318 $28,030,217 $28,666,166 $28,666,166

State General Funds

$27,983,318 $28,030,217 $28,666,166 $28,666,166

TOTAL PUBLIC FUNDS

$27,983,318 $28,030,217 $28,666,166 $28,666,166

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

$1,729,799 $1,729,799 $1,729,799

$1,729,799 $1,729,799 $1,729,799

$1,729,799 $1,729,799 $1,729,799

$1,729,799 $1,729,799 $1,729,799

10.1 Reduce funds from personnel.

State General Funds

($53,671)

($62,149)

($62,149)

($62,149)

10.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($47,575)

($41,112)

$0

$0

10.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($13,306)

($13,306)

($23,361)

($23,361)

10.4 Defer the FY09 cost of living adjustment.

State General Funds

($15,694)

($15,694)

($15,694)

10.5 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($3,580)

($3,580)

($3,580)

10.100 -Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to all Department programs.

FRIDAY, APRIL 3, 2009

5637

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,615,247 $1,615,247 $1,615,247

$1,593,958 $1,593,958 $1,593,958

$1,625,015 $1,625,015 $1,625,015

$1,625,015 $1,625,015 $1,625,015

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

$123,743 $123,743 $123,743

$123,743 $123,743 $123,743

$123,743 $123,743 $123,743

$123,743 $123,743 $123,743

11.1 Reduce funds from personnel.

State General Funds

($3,860)

$0

$0

$0

11.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($3,758)

($3,247)

$0

$0

11.3 Defer the FY09 cost of living adjustment.

State General Funds

($860)

($860)

($860)

11.99

CC: The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures. Senate: The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures.

State General Funds

$0

$0

11.100 -Legislative Services

Appropriation (HB 119)

The purpose of this appropriation is to analyze proposed legislation affecting state retirement systems for fiscal impact and review actuarial investigations and

to prepare fiscal notes upon request on other legislation having a significant impact on state revenues and/or expenditures.

TOTAL STATE FUNDS

$116,125

$119,636

$122,883

$122,883

State General Funds

$116,125

$119,636

$122,883

$122,883

TOTAL PUBLIC FUNDS

$116,125

$119,636

$122,883

$122,883

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.

5638

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,289,648 $2,289,648 $2,289,648

$2,289,648 $2,289,648 $2,289,648

$2,289,648 $2,289,648 $2,289,648

$2,289,648 $2,289,648 $2,289,648

12.1 Reduce funds from personnel.

State General Funds

($150,486)

($253,657)

($253,657)

($253,657)

12.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($76,122)

($65,780)

$0

$0

12.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($23,286)

($23,286)

($58,520)

($58,520)

12.4 Defer the FY09 cost of living adjustment.

State General Funds

($11,117)

($11,117)

($11,117)

12.99

CC: 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 and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of assessment for centrally assessed public utility companies. Senate: 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 and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of assessment for centrally assessed public utility companies.

State General Funds

$0

$0

12.100 -Statewide Equalized Adjusted Property Tax Digest

Appropriation (HB 119)

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 and equalizing property tax digests for collection of the State 1/4 mill; to provide the Revenue Commissioner statistical data

regarding county Tax Assessor compliance with requirements for both uniformity of assessment and level of assessment; and to establish the appropriate level of

assessment for centrally assessed public utility companies.

TOTAL STATE FUNDS

$2,039,754

$1,935,808

$1,966,354

$1,966,354

State General Funds

$2,039,754

$1,935,808

$1,966,354

$1,966,354

TOTAL PUBLIC FUNDS

$2,039,754

$1,935,808

$1,966,354

$1,966,354

Section 5: Appeals, Court of

Section Total - Continuation

FRIDAY, APRIL 3, 2009

5639

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $14,894,435

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$13,127,944 $13,167,528

$13,127,944 $13,167,528

$150,000

$150,000

$150,000

$150,000

$13,277,944 $13,317,528

$13,452,235 $13,452,235
$150,000 $150,000 $13,602,235

$13,452,235 $13,452,235
$150,000 $150,000 $13,602,235

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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

$14,744,435 $14,744,435
$150,000 $150,000 $150,000 $14,894,435

13.1 Defer the FY09 cost of living adjustment.

State General Funds

($159,151)

($159,151)

($159,151)

($159,151)

13.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($500,620)

($432,607)

$0

$0

13.3 Reduce funds by eliminating nine filled support positions, not filling a vacant attorney position, and temporarily suspending the summer internship program.

State General Funds

($615,362)

($615,362)

($615,362)

($615,362)

13.4 Reduce funds by delaying the printing of court rules, microfilm services, and equipment replacements.

State General Funds

($193,311)

($193,311)

($193,311)

($193,311)

13.5 Reduce funds from the Westlaw contract and temporarily suspend online legal subscription services.

5640

JOURNAL OF THE HOUSE

State General Funds

($42,000)

($42,000)

($42,000)

($42,000)

13.6 Reduce funds received in HB990 (FY09G) to upgrade the court's docket system.

State General Funds

($147,900)

($147,900)

($147,900)

($147,900)

13.7 Increase funds to purchase client licenses for the Novell Access Manager Security appliance that will be used to limit access to the court's e-filing and docket systems.

State General Funds

$27,500

$0

$0

$0

13.8 Increase funds to upgrade the docket system. [One-Time Change]

State General Funds

$147,900

$147,900

$0

$0

13.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($133,547)

($133,547)

($133,547)

($133,547)

13.10 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($929)

($929)

($929)

13.99

CC: The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law. Senate: The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law.

State General Funds

$0

$0

13.100 -Court of Appeals

Appropriation (HB 119)

The purpose of this appropriation is for this court to review and exercise appellate and certiorari jurisdiction pursuant to the Constitution of the State of

Georgia, Art. VI, Section V, Para. III, in all cases not reserved to the Supreme Court of Georgia or conferred on other courts by law.

TOTAL STATE FUNDS

$13,127,944 $13,167,528 $13,452,235 $13,452,235

State General Funds

$13,127,944 $13,167,528 $13,452,235 $13,452,235

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

$13,277,944 $13,317,528 $13,602,235 $13,602,235

Section 6: Judicial Council
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

Section Total - Continuation

$16,345,321 $16,345,321 $2,492,903 $2,492,903
$615,890

$16,345,321 $16,345,321 $2,492,903
$2,492,903 $615,890

$16,345,321 $16,345,321
$2,492,903 $2,492,903
$615,890

$16,345,321 $16,345,321 $2,492,903
$2,492,903 $615,890

FRIDAY, APRIL 3, 2009

5641

Sales and Services TOTAL PUBLIC FUNDS

$615,890 $19,454,114

$615,890 $19,454,114

$615,890 $19,454,114

$615,890 $19,454,114

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

$14,903,628 $15,063,392

$14,903,628 $15,063,392

$2,492,903

$2,492,903

$2,492,903

$2,492,903

$615,890

$615,890

$615,890

$615,890

$18,012,421 $18,172,185

$10,637,139 $10,637,139 $2,492,903 $2,492,903
$1,095,890 $1,095,890 $14,225,932

$14,173,198 $14,173,198 $2,492,903 $2,492,903
$615,890 $615,890 $17,281,991

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

$196,638 $196,638 $172,890 $172,890 $172,890 $369,528

$196,638 $196,638 $172,890 $172,890 $172,890 $369,528

$196,638 $196,638 $172,890 $172,890 $172,890 $369,528

$196,638 $196,638 $172,890 $172,890 $172,890 $369,528

14.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,117)

($3,117)

($3,117)

($3,117)

14.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($17,505)

($15,127)

$0

$0

14.3 Reduce funds and the use of temporary professional employees to help with seasonal projects such as the annual report and trainings.

State General Funds

($10,898)

($45,406)

($45,406)

($45,406)

14.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($1,707)

($1,707)

($1,707)

($1,707)

14.5 Reduce funds and become self sufficient. (CC:Reduce funds and work towards self-sufficiency through the design of a fee strategy)

State General Funds

($146,408)

($73,204)

14.99 CC: The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards,

5642

JOURNAL OF THE HOUSE

registering ADR professionals and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness. Senate: The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness.

State General Funds

$0

$0

14.100 -Georgia Office of Dispute Resolution

Appropriation (HB 119)

The purpose of this appropriation is to oversee the state's court-connected alternative dispute resolution (ADR) services by promoting the establishment of new

ADR court programs, providing support to existing programs, establishing and enforcing qualifications and ethical standards, registering ADR professionals

and volunteers, providing training, administering statewide grants, and collecting statistical data to monitor program effectiveness.

TOTAL STATE FUNDS

$163,411

$131,281

$73,204

State General Funds

$163,411

$131,281

$73,204

TOTAL AGENCY FUNDS

$172,890

$172,890

$172,890

$172,890

Sales and Services

$172,890

$172,890

$172,890

$172,890

Sales and Services Not Itemized

$172,890

$172,890

$172,890

$172,890

TOTAL PUBLIC FUNDS

$336,301

$304,171

$172,890

$246,094

Institute of Continuing Judicial Education

Continuation Budget

The purpose of this appropriation is to provide basic training and continuing education to elected officials, court support personnel and volunteer agents of the

State's judicial branch.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

$1,298,000 $1,298,000
$177,500 $177,500 $177,500 $1,475,500

15.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,105)

($6,105)

($6,105)

($6,105)

15.2 Reduce funds by freezing the vacant program support position for court administrative personnel training. (S and CC:Reduce funds received in HB990 (FY09G) to conduct a court administrators professional certification program)

State General Funds

($40,000)

($40,000)

($77,296)

($77,296)

15.3 Reduce funds by instituting a moratorium on financial aid for nationally-based educational travel.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

15.4 Reduce funds by cancelling the 2009 Annual Conference for law clerks.

FRIDAY, APRIL 3, 2009

5643

State General Funds

($15,000)

($15,000)

($15,000)

($15,000)

15.5 Reduce funds by eliminating the design and delivery of the 2009 Leadership Academy.

State General Funds

($12,514)

($12,514)

($12,514)

($12,514)

15.6 Increase funds for the training of new judges.

State General Funds

$10,000

$0

$0

$0

15.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($12,244)

($12,244)

($12,244)

($12,244)

15.8 Reduce funds by suspending the annual assessment fee for FY10.

State General Funds

($50,000)

($50,000)

15.9 Reduce funds received in HB990 (FY09G) for magistrate court judicial educational products and services. (CC:Remaining funds are to be used for magistrate judicial training and materials only)

State General Funds

($100,000)

($80,000)

15.10 Eliminate funds by charging judges and court personnel for the cost of their training.

State General Funds

($1,014,841)

$0

15.99

CC: The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other court personnel. Senate: The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges, Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other court personnel.

State General Funds

$0

$0

15.100 -Institute of Continuing Judicial Education

Appropriation (HB 119)

The purpose of this appropriation is to provide basic training and continuing education for Superior Court Judges, Juvenile Court Judges, State Court Judges,

Probate Court Judges, Magistrate Court Judges, Municipal Court Judges, Superior Court Clerks, Juvenile Court Clerks, Municipal Court Clerks, and other

court personnel.

TOTAL STATE FUNDS

$1,212,137

$1,202,137

$1,034,841

State General Funds

$1,212,137

$1,202,137

$1,034,841

TOTAL AGENCY FUNDS

$177,500

$177,500

$177,500

$177,500

Sales and Services

$177,500

$177,500

$177,500

$177,500

Sales and Services Not Itemized

$177,500

$177,500

$177,500

$177,500

TOTAL PUBLIC FUNDS

$1,389,637

$1,379,637

$177,500

$1,212,341

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.

5644

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 PUBLIC FUNDS

$13,971,643 $13,971,643 $2,492,903 $2,492,903
$265,500 $265,500 $265,500 $16,730,046

$13,971,643 $13,971,643 $2,492,903
$2,492,903 $265,500 $265,500 $265,500
$16,730,046

$13,971,643 $13,971,643
$2,492,903 $2,492,903
$265,500 $265,500 $265,500 $16,730,046

$13,971,643 $13,971,643 $2,492,903
$2,492,903 $265,500 $265,500 $265,500
$16,730,046

16.1 Defer the FY09 cost of living adjustment.

State General Funds

($73,828)

($73,828)

($73,828)

($73,828)

16.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($229,198)

($198,060)

$0

$0

16.3 Reduce funds from the Administrative Office of the Courts (AOC) by eliminating the contract for maintenance of the SUSTAIN Case Management software system.

State General Funds

($250,000)

$0

($250,000)

($250,000)

16.4 Reduce funds from the AOC by freezing the following vacant positions: an administrative assistant in the General Counsel Division, a desktop administrator in the Technology Division, and a research position in the Research Division.

State General Funds

($175,569)

$0

($175,569)

($175,569)

16.5 Reduce funds from the Council of State Court Judges (-$15,932), Council of Probate Court Judges (-$4,687), Council of Municipal Court Judges ($1,140), Council of Magistrate Court Judges (-$11,935), and Council of Court Administrators (-$286).

State General Funds

($33,980)

($33,980)

($33,980)

($33,980)

16.6 Reduce funds and the amount of grants to be awarded to local drug courts. (S:Replace funds by charging drug court participants a supervision fee of $25 per month)(CC:Reduce funds by aggressively collecting supervision fees, adjusting fee structure and grant amounts)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($139,139)

($139,139)

($619,139) $480,000 ($139,139)

($439,139) $0
($439,139)

16.7 Reduce funds from the Child Support Guidelines Commission by suspending all travel, printing, and publications for laminated bench cards and child support calculator worksheet guides, and meetings.

State General Funds

($6,324)

($6,324)

($6,324)

($6,324)

16.8 Reduce funds from the County and Municipal Probation Advisory Council by eliminating the reimbursements for member expenses and suspending registrations for conferences.

FRIDAY, APRIL 3, 2009

5645

State General Funds

($17,068)

($17,068)

($17,068)

($17,068)

16.9 Reduce funds and the grants awarded for civil legal services to Victims of Domestic Violence.

State General Funds

($128,078)

$148,326

($128,078)

($128,078)

16.10 Reduce funds from the Committee on Access and Fairness by discontinuing the newsletter in print form, reducing Color of Justice programs, and reducing the number of meetings held from six to four. (S:Eliminate the Committee on Access and Fairness)(CC:Reduce funds by 37%)

State General Funds

($6,577)

($35,000)

($112,784)

($35,000)

16.11 Reduce funds from the Georgia Law School Consortium and the stipends paid to approximately thirty students beginning in the 2009 spring semester. (H and S:Eliminate funds for the Georgia Law School Consortium)

State General Funds

($10,585)

($176,416)

($176,416)

($176,416)

16.12 Reduce funds from the Georgia Courts Automation Commission by reducing the number of facilitated sessions for the Strategic IT and Business Plans, the Common Judicial Data Dictionary project, and the National Information Exchange Model Mapping program.

State General Funds

($50,296)

($650,000)

($200,000)

($250,000)

16.13 Reduce funds to reflect the revised revenue estimate. (H:Increase funds for the AOC)

State General Funds

($128,093)

$96,241

($128,093)

($128,093)

16.14 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($3,384)

($3,384)

($3,384)

16.15 Eliminate funds for the Traffic Information Processing System (TIPS).

State General Funds

($167,282)

$0

16.16 Reduce one-time funds received in HB990 (FY09G) for the 2009 National Mock Trial Competition.

State General Funds

($10,000)

($10,000)

16.17 Eliminate funds for the Macon Office.

State General Funds

($36,360)

($36,360)

16.97 Transfer all funds and activities for Legal Services for Victims of Domestic Violence to the Criminal Justice Coordinating Council (CJCC).

State General Funds

($2,006,548)

$0

16.98 Transfer all funds and activities to the newly created Accountability Courts, Administrative Office of the Courts, Children and Family Court Services, Councils of Limited Jurisdiction Courts, Statewide Technology Programs, and Legal and Regulatory Services programs.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($9,826,790)

$0

($2,492,903)

$0

($745,500)

$0

($13,065,193)

$0

16.99

CC: The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Standing Committee on Drug Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, and the State Court Judges; to operate the Georgia Courts Automation Commission, the Child Support E-Filing system, and the Child Support Guidelines Commission, the Commission on Interpreters, the Committee on Access and Fairness, the Board of Court Reporting, Civil Legal

5646

JOURNAL OF THE HOUSE

Services for Victims of Domestic Violence, the County and Municipal Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children and the Advisory Committee on Healthy Marriages. Senate: The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Standing Committee on Drug Courts, provided that $2,150,000 is designated for Drug and DUI Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, and the State Court Judges; to operate the Georgia Courts Automation Commission, the Child Support E-Filing system, and the Child Support Guidelines Commission, the Commission on Interpreters, the Board of Court Reporting, the County and Municipal Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children and the Advisory Committee on Healthy Marriages.

State General Funds

$0

$0

16.100 -Judicial Council

Appropriation (HB 119)

The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Standing Committee on Drug

Courts; to provide administrative support for the councils of the Magistrate Court Judges, the Municipal Court Judges, the Probate Court Judges, and the State

Court Judges; to operate the Georgia Courts Automation Commission, the Child Support E-Filing system, and the Child Support Guidelines Commission, the

Commission on Interpreters, the Committee on Access and Fairness, the Board of Court Reporting, Civil Legal Services for Victims of Domestic Violence, the

County and Municipal Probation Advisory Council, and the Children and Family Courts division; and to support the Committee on Justice for Children and the

Advisory Committee on Healthy Marriages.

TOTAL STATE FUNDS

$12,722,908 $12,883,011

$12,208,404

State General Funds

$12,722,908 $12,883,011

$12,208,404

TOTAL FEDERAL FUNDS

$2,492,903

$2,492,903

$2,492,903

Federal Funds Not Itemized

$2,492,903

$2,492,903

$2,492,903

TOTAL AGENCY FUNDS

$265,500

$265,500

$265,500

Sales and Services

$265,500

$265,500

$265,500

Sales and Services Not Itemized

$265,500

$265,500

$265,500

TOTAL PUBLIC FUNDS

$15,481,311 $15,641,414

$14,966,807

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

$299,040 $299,040 $299,040

$299,040 $299,040 $299,040

$299,040 $299,040 $299,040

$299,040 $299,040 $299,040

17.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,226)

($2,226)

($2,226)

($2,226)

17.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

FRIDAY, APRIL 3, 2009

5647

Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($11,325)

($9,786)

$0

$0

17.3 Reduce funds from operations.

State General Funds

($17,347)

($17,347)

($17,347)

($17,347)

17.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($2,718)

($2,718)

($2,718)

($2,718)

17.99

CC: The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations of unethical campaign practices.

Senate: The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations of unethical campaign practices.

State General Funds

$0

$0

17.100 -Judicial Qualifications Commission

Appropriation (HB 119)

The purpose of this appropriation is to investigate complaints filed against a judicial officer, impose and recommend disciplinary sanctions against any judicial

officer, and when necessary, file formal charges against that officer and provide a formal trial or hearing. The purpose of this appropriation is also to produce

formal and informal advisory opinions; provide training and guidance to judicial candidates regarding the Code of Judicial Conduct; and investigate allegations

of unethical campaign practices.

TOTAL STATE FUNDS

$265,424

$266,963

$276,749

$276,749

State General Funds

$265,424

$266,963

$276,749

$276,749

TOTAL PUBLIC FUNDS

$265,424

$266,963

$276,749

$276,749

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

$580,000 $580,000 $580,000

$580,000 $580,000 $580,000

$580,000 $580,000 $580,000

$580,000 $580,000 $580,000

18.1 Reduce funds from operations. State General Funds 18.2 Reduce funds to reflect the revised revenue estimate.

($34,800)

$0

($34,800)

$0

5648

JOURNAL OF THE HOUSE

State General Funds

($5,452)

$0

($11,600)

$0

18.99

CC: The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent plaintiffs in habeas corpus proceedings. Senate: The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent plaintiffs in habeas corpus proceedings.

State General Funds

$0

$0

18.100 -Resource Center

Appropriation (HB 119)

The purpose of this appropriation is to provide direct representation to death penalty sentenced inmates and to recruit and assist private attorneys to represent

plaintiffs in habeas corpus proceedings.

TOTAL STATE FUNDS

$539,748

$580,000

$533,600

$580,000

State General Funds

$539,748

$580,000

$533,600

$580,000

TOTAL PUBLIC FUNDS

$539,748

$580,000

$533,600

$580,000

Accountability Courts
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

508.98 Transfer all funds and activities for adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts from the Judicial Council program.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,702,432

$0

$812,528

$0

$539,000

$0

$3,053,960

$0

508.99

CC: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as, the Judicial Council Standing Committee on Drug Courts. Senate: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as, the Judicial Council Standing Committee on Drug Courts.

State General Funds

$0

$0

508.100-Accountability Courts

Appropriation (HB 119)

The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health

courts, as well as, the Judicial Council Standing Committee on Drug Courts.

TOTAL STATE FUNDS

$1,702,432

State General Funds

$1,702,432

TOTAL FEDERAL FUNDS

$812,528

FRIDAY, APRIL 3, 2009

5649

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS
Administrative Office of the Courts TOTAL STATE FUNDS
State General Funds

$812,528 $539,000 $539,000 $539,000 $3,053,960

Continuation Budget

$0

$0

$0

$0

509.98 Transfer all funds and activities for the Administrative Office of the Courts (AOC) director's office, Judicial Council operations, administrative/budget/support, finance/accounting, policy and business process, planning, court services operations, human resources, communications/publications, research operations, governmental affairs, and the intern program from the Judicial Council program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$3,462,315

$0

$32,447

$0

$3,494,762

$0

509.99 CC: The purpose of this appropriation is to provide administrative support to the Judicial Council. Senate: The purpose of this appropriation is to provide administrative support to the Judicial Council.

State General Funds

$0

$0

509.100-Administrative Office of the Courts

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to the Judicial Council.

TOTAL STATE FUNDS

$3,462,315

State General Funds

$3,462,315

TOTAL AGENCY FUNDS

$32,447

Sales and Services

$32,447

Sales and Services Not Itemized

$32,447

TOTAL PUBLIC FUNDS

$3,494,762

Children and Family Court Services
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

510.98 Transfer all funds and activities for the Appalachian Family Law Information Center (FLIC), Child Support Commission, Children, Family and the Courts, Children, Marriage and Family Law, Committee on Civil Justice, Committee on Justice for Children, and grants management from the Judicial Council program.

5650

JOURNAL OF THE HOUSE

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$853,176

$0

$1,680,375

$0

$2,533,551

$0

510.99

CC: The purpose of this appropriation is to support the Appalachian Family Law Information Center, the Child Support Guidelines Commission, Children, Family and the Courts, Children, Marriage and Family Law, the Committee on Civil Justice, and the Committee on Justice for Children, and to provide grants management. Senate: The purpose of this appropriation is to support the Appalachian Family Law Information Center, the Child Support Guidelines Commission, Children, Family and the Courts, Children, Marriage and Family Law, the Committee on Civil Justice, and the Committee on Justice for Children, and to provide grants management.

State General Funds

$0

$0

510.100-Children and Family Court Services

Appropriation (HB 119)

The purpose of this appropriation is to support the Appalachian Family Law Information Center, the Child Support Guidelines Commission, Children, Family

and the Courts, Children, Marriage and Family Law, the Committee on Civil Justice, and the Committee on Justice for Children, and to provide grants

management.

TOTAL STATE FUNDS

$853,176

State General Funds

$853,176

TOTAL FEDERAL FUNDS

$1,680,375

Federal Funds Not Itemized

$1,680,375

TOTAL PUBLIC FUNDS

$2,533,551

Councils of Limited Jurisdictions Courts
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

511.98 Transfer all funds and activities for the Council of Magistrate Court Judges, Council of Municipal Court Judges, Council of Probate Court Judges, Council of State Court Judges, and Council of Court Administrators from the Judicial Council program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$526,428

$0

$15,000

$0

$541,428

$0

511.99

CC: The purpose of this appropriation is to provide administrative support for the Councils of Magistrate Court Judges, Municipal Court Judges, Probate Court Judges, State Court Judges, and Court Administrators. Senate: The purpose of this appropriation is to provide administrative support for the Councils of Magistrate Court Judges, Municipal Court Judges, Probate Court Judges, State Court Judges, and Court Administrators.

State General Funds

$0

$0

FRIDAY, APRIL 3, 2009

5651

511.100-Councils of Limited Jurisdictions Courts

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for the Councils of Magistrate Court Judges, Municipal Court Judges, Probate Court

Judges, State Court Judges, and Court Administrators.

TOTAL STATE FUNDS

$526,428

State General Funds

$526,428

TOTAL AGENCY FUNDS

$15,000

Sales and Services

$15,000

Sales and Services Not Itemized

$15,000

TOTAL PUBLIC FUNDS

$541,428

Legal & Regulatory Services
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

512.98 Transfer all funds and activities for the Board of Court Reporting, Commission on Interpreters, County and Municipal Probation Advisory Council (CMPAC), and General Counsel Division from the Judicial Council program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$719,588

$0

$159,053

$0

$878,641

$0

512.99

CC: The purpose of this appropriation is to support the Board of Court Reporting, the Commission on Interpreters, the County and Municipal Probation Advisory Council (CMPAC), and the General Counsel Division. Senate: The purpose of this appropriation is to support the Board of Court Reporting, the Commission on Interpreters, the County and Municipal Probation Advisory Council (CMPAC), and the General Counsel Division.

State General Funds

$0

$0

512.100-Legal & Regulatory Services

Appropriation (HB 119)

The purpose of this appropriation is to support the Board of Court Reporting, the Commission on Interpreters, the County and Municipal Probation Advisory

Council (CMPAC), and the General Counsel Division.

TOTAL STATE FUNDS

$719,588

State General Funds

$719,588

TOTAL AGENCY FUNDS

$159,053

Sales and Services

$159,053

Sales and Services Not Itemized

$159,053

TOTAL PUBLIC FUNDS

$878,641

Statewide Technology Programs
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

5652

JOURNAL OF THE HOUSE

513.98 Transfer all funds and activities for the Georgia Judicial Exchange, Georgia Courts Automation Commission (GCAC), and Administrative Office of the Courts (AOC) Technology and Support Services from the Judicial Council program.

State General Funds

$2,562,851

$0

513.99

CC: The purpose of this appropriation is to support the Georgia Courts Automation Commission and provide technology support and services to courts. Senate: The purpose of this appropriation is to support the Georgia Courts Automation Commission and provide technology support and services to courts.

State General Funds

$0

$0

513.100-Statewide Technology Programs

Appropriation (HB 119)

The purpose of this appropriation is to support the Georgia Courts Automation Commission and provide technology support and services to courts.

TOTAL STATE FUNDS

$2,562,851

State General Funds

$2,562,851

TOTAL PUBLIC FUNDS

$2,562,851

Section 7: Juvenile Courts
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation

$6,691,660 $6,691,660
$447,456 $447,456 $7,139,116

$6,691,660 $6,691,660
$447,456 $447,456 $7,139,116

$6,691,660 $6,691,660
$447,456 $447,456 $7,139,116

$6,691,660 $6,691,660
$447,456 $447,456 $7,139,116

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final

$6,511,026

$6,534,968

$6,511,026

$6,534,968

$447,456

$447,456

$447,456

$447,456

$6,958,482

$6,982,424

$6,561,715 $6,561,715
$447,456 $447,456 $7,009,171

$6,578,771 $6,578,771
$447,456 $447,456 $7,026,227

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

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

$1,705,599 $1,705,599
$447,456 $447,456 $2,153,055

FRIDAY, APRIL 3, 2009

5653

19.1 Defer the FY09 cost of living adjustment.

State General Funds

($14,189)

($14,189)

($14,189)

($14,189)

19.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($50,689)

($43,803)

$0

$0

19.3 Reduce funds from the purchase of services for the Juvenile Offenders Program that reimburses county governments for community-based services that provide alternatives to institutional treatment.

State General Funds

($98,700)

($98,700)

($98,700)

($98,700)

19.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($17,056)

$0

($17,056)

$0

19.100 -Council of Juvenile Court Judges

Appropriation (HB 119)

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

$1,524,965

$1,548,907

$1,575,654

$1,592,710

State General Funds

$1,524,965

$1,548,907

$1,575,654

$1,592,710

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

$1,972,421

$1,996,363

$2,023,110

$2,040,166

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

$4,986,061 $4,986,061 $4,986,061

$4,986,061 $4,986,061 $4,986,061

$4,986,061 $4,986,061 $4,986,061

$4,986,061 $4,986,061 $4,986,061

20.100 -Grants to Counties for Juvenile Court Judges

Appropriation (HB 119)

The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries.

TOTAL STATE FUNDS

$4,986,061

$4,986,061

State General Funds

$4,986,061

$4,986,061

TOTAL PUBLIC FUNDS

$4,986,061

$4,986,061

$4,986,061 $4,986,061 $4,986,061

$4,986,061 $4,986,061 $4,986,061

Section 8: Prosecuting Attorneys

Section Total - Continuation

5654

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

$59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741

$59,281,695 $59,281,695 $1,767,046 $1,767,046 $61,048,741

$59,281,695 $59,281,695
$1,767,046 $1,767,046 $61,048,741

$59,281,695 $59,281,695 $1,767,046
$1,767,046 $61,048,741

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$57,424,402 $56,644,090

$57,424,402 $56,644,090

$1,802,127

$1,802,127

$1,802,127

$1,802,127

$59,226,529 $58,446,217

$57,208,442 $57,208,442 $1,802,127 $1,802,127 $59,010,569

$57,408,442 $57,408,442 $1,802,127 $1,802,127 $59,210,569

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

$52,323,746 $52,323,746 $1,767,046 $1,767,046 $1,767,046 $54,090,792

$52,323,746 $52,323,746 $1,767,046 $1,767,046 $1,767,046 $54,090,792

$52,323,746 $52,323,746
$1,767,046 $1,767,046 $1,767,046 $54,090,792

$52,323,746 $52,323,746 $1,767,046
$1,767,046 $1,767,046 $54,090,792

21.1 Defer the FY09 cost of living adjustment.

State General Funds

($637,857)

($637,857)

($637,857)

($637,857)

21.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,964,186) ($1,697,338)

$0

$0

21.3 Increase funds to cover a projected shortfall. (H and CC:One-time funds)

State General Funds

$363,433

$300,000

$0

$200,000

21.4 Increase funds for three additional Assistant District Attorneys associated with the creation of additional judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session).

State General Funds

$223,156

$223,156

$223,156

$223,156

21.5 Increase funds to reinstate the step increases and promotions that were suspended temporarily in FY09. (H:Utilize existing funds)

FRIDAY, APRIL 3, 2009

5655

State General Funds

$349,150

$0

($349,150)

($349,150)

21.6 Increase funds to provide step increases and promotions during FY10.

State General Funds

$590,000

$590,000

$0

$0

21.7 Increase funds to reflect a change in the child support contract with the Department of Human Resources.

FF Child Support Enforcement Title IV-D CFDA93.563

$35,081

$35,081

$35,081

$35,081

21.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($513,829)

($513,829)

($513,829)

($513,829)

21.9 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($5,497)

($5,497)

($5,497)

21.99

CC: The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18. Senate: The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18.

State General Funds

$0

$0

21.100 -District Attorneys

Appropriation (HB 119)

The purpose of this appropriation is for the District Attorney to represent the State of Georgia in the trial and appeal of criminal cases in the Superior Court for

the judicial circuit and delinquency cases in the juvenile courts per Ga. Const., Art. VI, Sec. VIII. Para I and OCGA 15-18.

TOTAL STATE FUNDS

$50,733,613 $50,582,381 $51,040,569 $51,240,569

State General Funds

$50,733,613 $50,582,381 $51,040,569 $51,240,569

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,802,127

$1,802,127

$1,802,127

$1,802,127

Federal Funds Transfers

$1,802,127

$1,802,127

$1,802,127

$1,802,127

FF Child Support Enforcement Title IV-D CFDA93.563

$1,802,127

$1,802,127

$1,802,127

$1,802,127

TOTAL PUBLIC FUNDS

$52,535,740 $52,384,508 $52,842,696 $53,042,696

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

$6,957,949 $6,957,949 $6,957,949

$6,957,949 $6,957,949 $6,957,949

$6,957,949 $6,957,949 $6,957,949

$6,957,949 $6,957,949 $6,957,949

22.1 Defer the FY09 cost of living adjustment.

State General Funds

($52,707)

($52,707)

($52,707)

($52,707)

22.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

5656

JOURNAL OF THE HOUSE

Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($176,658)

($152,658)

$0

$0

22.3 Increase funds to reinstate the step increases and promotions that were suspended temporarily in FY09. (H:Utilize existing funds)

State General Funds

$11,575

$0

($11,575)

($11,575)

22.4 Increase funds to provide step increases and promotions during FY10.

State General Funds

$9,184

$9,184

$0

$0

22.5 Increase funds for real estate rents.

State General Funds

$9,152

$0

$0

$0

22.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($67,706)

($67,706)

($67,706)

($67,706)

22.7 Reduce funds and defer filling four vacant positions. (S and CC:Reduce additional funds from the training of the vacant victim witness coordinator position)

State General Funds

($632,353)

($658,088)

($658,088)

22.100 -Prosecuting Attorney's Council

Appropriation (HB 119)

The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors.

TOTAL STATE FUNDS

$6,690,789

$6,061,709

State General Funds

$6,690,789

$6,061,709

TOTAL PUBLIC FUNDS

$6,690,789

$6,061,709

$6,167,873 $6,167,873 $6,167,873

$6,167,873 $6,167,873 $6,167,873

Section 9: Superior Courts
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$63,622,100 $63,622,100 $63,622,100

$63,622,100 $63,622,100 $63,622,100

$63,622,100 $63,622,100 $63,622,100

$63,622,100 $63,622,100 $63,622,100

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $57,860,640 $57,955,798 $57,860,640 $57,955,798 $57,860,640 $57,955,798

$59,999,072 $59,999,072 $59,999,072

$60,499,072 $60,499,072 $60,499,072

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.

FRIDAY, APRIL 3, 2009

5657

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,751,550 $1,751,550 $1,751,550

$1,751,550 $1,751,550 $1,751,550

$1,751,550 $1,751,550 $1,751,550

$1,751,550 $1,751,550 $1,751,550

23.1 Eliminate funds received in HB990 (FY09G) for the Judicial Data Exchange (JDX) project. (H and CC:Partially restore funds)

State General Funds

($1,500,000) ($1,000,000) ($1,500,000)

23.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($2,515)

($2,515)

($20,124)

($1,000,000) ($20,124)

23.100 -Council of Superior Court Clerks

Appropriation (HB 119)

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

$249,035

$749,035

$231,426

$731,426

State General Funds

$249,035

$749,035

$231,426

$731,426

TOTAL PUBLIC FUNDS

$249,035

$749,035

$231,426

$731,426

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

$1,483,201 $1,483,201 $1,483,201

$1,483,201 $1,483,201 $1,483,201

$1,483,201 $1,483,201 $1,483,201

$1,483,201 $1,483,201 $1,483,201

24.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($55,545)

($47,999)

$0

$0

24.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($14,427)

($14,427)

($94,787)

($94,787)

24.3 Defer the FY09 cost of living adjustment.

State General Funds

($16,204)

($16,204)

($16,204)

24.4 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($330)

($330)

($330)

24.5 Reduce funds due to the early elimination of the Sentence Review Panel.

5658

JOURNAL OF THE HOUSE

State General Funds

($22,240)

($22,240)

24.99

CC: The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the administration of justice through leadership, training, policy development and budgetary and fiscal administration. Senate: The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the administration of justice through leadership, training, policy development and budgetary and fiscal administration.

State General Funds

$0

$0

24.100 -Council of Superior Court Judges

Appropriation (HB 119)

The purpose of this appropriation is for the operations of the Council of Superior Court Judges and is to further the improvement of the Superior Court in the

administration of justice through leadership, training, policy development and budgetary and fiscal administration.

TOTAL STATE FUNDS

$1,413,229

$1,404,241

$1,349,640

$1,349,640

State General Funds

$1,413,229

$1,404,241

$1,349,640

$1,349,640

TOTAL PUBLIC FUNDS

$1,413,229

$1,404,241

$1,349,640

$1,349,640

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

$2,348,845 $2,348,845 $2,348,845

$2,348,845 $2,348,845 $2,348,845

$2,348,845 $2,348,845 $2,348,845

$2,348,845 $2,348,845 $2,348,845

25.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($76,995)

($66,535)

$0

$0

25.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($22,927)

($22,927)

($152,147)

($152,147)

25.3 Defer the FY09 cost of living adjustment.

State General Funds

($24,360)

($24,360)

($24,360)

25.100 -Judicial Administrative Districts

Appropriation (HB 119)

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.

FRIDAY, APRIL 3, 2009

5659

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,248,923 $2,248,923 $2,248,923

$2,235,023 $2,235,023 $2,235,023

$2,172,338 $2,172,338 $2,172,338

$2,172,338 $2,172,338 $2,172,338

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

$58,038,504 $58,038,504 $58,038,504

$58,038,504 $58,038,504 $58,038,504

$58,038,504 $58,038,504 $58,038,504

$58,038,504 $58,038,504 $58,038,504

26.1 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,043,379) ($1,765,773)

$0

$0

26.2 Eliminate pass-thru funds for employer contributions for county-paid judges and staff and for the Superior Court Judges Emeritus Retirement.

State General Funds

($3,610,086) ($1,000,000)

$0

$0

26.3 Increase funds for costs associated with the creation of three new judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session). (S and CC:Remove funds for law assistants)

State General Funds

$1,151,310

$1,151,310

$854,126

$854,126

26.4 Increase and restore funds removed in HB990 (FY09G) due to the revenue estimate change.

State General Funds

$714,125

$101,000

$101,000

$101,000

26.5 Increase funds for judges' travel and reflect increases in the mileage reimbursement rates and other travel costs.

State General Funds

$249,513

$60,000

$60,000

$60,000

26.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($550,534)

($550,534)

($340,954)

($340,954)

26.7 Defer the FY09 cost of living adjustment.

State General Funds

($669,099)

($669,099)

($669,099)

26.8 Reduce funds for Senior Judge usage.

State General Funds

($1,797,909) ($1,797,909) ($1,797,909)

26.99 CC: The purpose of this appropriation is to enable Georgia's Superior Courts to be the 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.

5660

JOURNAL OF THE HOUSE

Senate: The purpose of this appropriation is to enable Georgia's Superior Courts to be the general jurisdiction trial court and exercise exclusive, constitutional authority over felony cases, divorce, equity and cases regarding title to land, provided that law clerks over the fifty provided by law are to be allocated back to the circuits by caseload ranks.

State General Funds

$0

$0

26.100 -Superior Court Judges

Appropriation (HB 119)

The purpose of this appropriation is to enable Georgia's Superior Courts to be the 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

$53,949,453 $53,567,499 $56,245,668 $56,245,668

State General Funds

$53,949,453 $53,567,499 $56,245,668 $56,245,668

TOTAL PUBLIC FUNDS

$53,949,453 $53,567,499 $56,245,668 $56,245,668

Section 10: Supreme Court
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final

$7,822,633

$7,747,900

$7,822,633

$7,747,900

$7,822,633

$7,747,900

$8,026,295 $8,026,295 $8,026,295

$8,026,295 $8,026,295 $8,026,295

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

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

$8,837,974 $8,837,974 $8,837,974

27.1 Defer the FY09 cost of living adjustment.

State General Funds

($89,806)

($89,806)

($89,806)

($89,806)

27.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

FRIDAY, APRIL 3, 2009

5661

Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($404,384)

($349,445)

$0

$0

27.3 Reduce funds by eliminating five positions, the summer internship program and from operations.

State General Funds

($511,634)

($511,634)

($511,634)

($511,634)

27.4 Increase funds to provide salary adjustments for law assistants.

State General Funds

$71,353

$0

$0

$0

27.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($80,870)

$0

$0

$0

27.6 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($680)

($680)

($680)

27.7 Reduce funds from the February 2010 bar exam based on revised application fees.

State General Funds

($138,509)

($138,509)

($138,509)

27.8 Reduce one-time funds received in HB990 (FY09G) to create a disaster recovery co-location site and provide equipment upgrades.

State General Funds

($71,050)

($71,050)

27.99

CC: The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and oversight of the Office of Reporter of Decisions. Senate: The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and oversight of the Office of Reporter of Decisions.

State General Funds

$0

$0

27.100 -Supreme Court of Georgia

Appropriation (HB 119)

The purpose of this appropriation is to support the Supreme Court of Georgia which exercises exclusive appellate jurisdiction in all cases involving: the

construction of a treaty, the Constitution of the State of Georgia or of the United States, the constitutionality of a law, ordinance, or constitutional provision that

has been drawn in question, and all cases of election contest per Ga. Const. Art. VI, Section VI, Para. II. The purpose of this appropriation is also to support the

Supreme Court of Georgia in its exercise of jurisdiction in cases per Ga. Const. Art. VI, Section VI, Para. III and its administration of the Bar Exam and

oversight of the Office of Reporter of Decisions.

5662

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$7,822,633 $7,822,633 $7,822,633

$7,747,900 $7,747,900 $7,747,900

$8,026,295 $8,026,295 $8,026,295

$8,026,295 $8,026,295 $8,026,295

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

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $15,742,206

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$4,535,832

$4,077,625

$4,535,832

$4,077,625

$10,286,033 $10,286,033

$10,286,033 $10,286,033

$14,821,865 $14,363,658

$4,626,452 $4,626,452 $10,286,033 $10,286,033 $14,912,485

$4,626,452 $4,626,452 $10,286,033 $10,286,033 $14,912,485

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

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

$5,456,173 $5,456,173 $10,286,033 $10,286,033 $10,286,033 $15,742,206

28.1 Defer the FY09 cost of living adjustment.

State General Funds

($40,448)

($40,448)

($40,448)

($40,448)

28.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($118,482)

($102,385)

$0

$0

28.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

FRIDAY, APRIL 3, 2009

5663

State General Funds

$68,563

$68,563

$68,563

$68,563

28.4 Reduce funds by delaying equipment replacements and only authorizing emergency purchases.

State General Funds

($11,427)

($11,427)

($11,427)

($11,427)

28.5 Reduce funds by limiting purchases, only publishing critical reports, using orders from prior years to meet Oracle training needs, and curtailing travel and staff training.

State General Funds

($117,787)

($117,787)

($117,787)

($117,787)

28.6 Reduce funds from operations.

State General Funds

($269,793)

($269,793)

($269,793)

($269,793)

28.7 Reduce funds from personnel. (H:Reflect additional vacancies)

State General Funds

($250,000)

($723,221)

($250,000)

($250,000)

28.8 Reduce funds related to the delayed implementation of streamlined banking.

State General Funds

($134,744)

($134,744)

($538,868)

($538,868)

28.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($46,223)

($46,223)

($46,223)

($46,223)

28.10 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($1,083)

($1,083)

($1,083)

28.99

CC: The purpose of this appropriation is to prescribe statewide accounting policies, procedures and practices, to provide financial management leadership to state agencies, to prepare and provide annual financial statements, and other statutory or regulatory reports, to develop and maintain the state's financial and human capital management systems, and to improve the accountability and efficiency of various financial and operational processes. Senate: The purpose of this appropriation is to provide statewide policies and guidance on accounting and financial procedures, to provide financial management assistance to state agencies, to prepare the Comprehensive Annual Financial Report, Budgetary Compliance Report, Single Audit Report, and other statutory and regulatory reports, and to develop and maintain the state's financial and human capital management system.

State General Funds

$0

$0

28.100 -State Accounting Office

Appropriation (HB 119)

The purpose of this appropriation is to prescribe statewide accounting policies, procedures and practices, to provide financial management leadership to state

agencies, to prepare and provide annual financial statements, and other statutory or regulatory reports, to develop and maintain the state's financial and human

capital management systems, and to improve the accountability and efficiency of various financial and operational processes.

TOTAL STATE FUNDS

$4,535,832

$4,077,625

$4,249,107

$4,249,107

State General Funds

$4,535,832

$4,077,625

$4,249,107

$4,249,107

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$10,286,033 $10,286,033 $10,286,033 $10,286,033

State Funds Transfers

$10,286,033 $10,286,033 $10,286,033 $10,286,033

Accounting System Assessments

$10,286,033 $10,286,033 $10,286,033 $10,286,033

TOTAL PUBLIC FUNDS

$14,821,865 $14,363,658 $14,535,140 $14,535,140

5664

JOURNAL OF THE HOUSE

28.101 Special Project - State Accounting Office: Increase funds for training, upgrades and other activities necessary to ensure budgetary compliance

by fund source within a program as determined by the Department of Audits.

State General Funds

$377,345

$377,345

Section 12: Administrative Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Interest and Investment Income Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS
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

Section Total - Continuation

$13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

$13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

$13,792,429 $13,792,429 $21,463,729
$6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

$13,792,429 $13,792,429 $21,463,729 $6,834,082 $3,352,238 $7,139,999
$126,214 $4,011,196 $132,946,427 $132,946,427 $168,202,585

Section Total - Final

$9,728,305

$9,232,520

$9,728,305

$9,232,520

$19,333,105 $15,501,850

$6,834,082

$3,002,827

$3,352,238

$3,352,238

$7,139,999

$7,139,999

$126,214

$126,214

$1,880,572

$1,880,572

$131,974,783 $131,974,783

$131,974,783 $131,974,783

$161,036,193 $156,709,153

$5,570,546 $5,570,546 $13,382,237
$973,720 $3,352,238 $7,139,999
$35,708 $1,880,572 $132,081,964 $132,081,964 $151,034,747

$7,194,199 $7,194,199 $13,382,237
$973,720 $3,352,238 $7,139,999
$35,708 $1,880,572 $132,081,964 $132,081,964 $152,658,400

Continuation Budget

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

$850,000 $850,000 $850,000

FRIDAY, APRIL 3, 2009

5665

29.1 Reduce one-time funds used to purchase an annuity for an individual who was wrongfully imprisoned.

State General Funds

($850,000)

($850,000)

($850,000)

($850,000)

29.2 Increase funds pursuant to HR161 (2009 Session), to purchase a 20 year annuity for an individual who was wrongfully imprisoned, and ask the State Board of Pardons and Paroles to oversee the terms established by the resolution.

State General Funds

$299,371

29.99 CC: The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon passage of the required House Resolution.

State General Funds

$0

29.100 -Compensation Per General Assembly Resolutions

Appropriation (HB 119)

The purpose of this appropriation is to purchase annuities and other products for wrongfully convicted inmates when directed by the General Assembly upon

passage of the required House Resolution.

TOTAL STATE FUNDS

$299,371

State General Funds

$299,371

TOTAL PUBLIC FUNDS

$299,371

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Risk Management Assessments
TOTAL PUBLIC FUNDS

$3,358,438 $3,358,438 $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 $5,994,354

$3,358,438 $3,358,438 $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 $5,994,354

$3,358,438 $3,358,438 $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 $5,994,354

$3,358,438 $3,358,438 $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 $5,994,354

30.1 Defer the FY09 cost of living adjustment. State General Funds

($94,768)

($94,768)

($94,768)

($94,768)

5666

JOURNAL OF THE HOUSE

30.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($463)

($463)

($463)

($463)

30.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($49,675)

($42,926)

$0

$0

30.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($157,636)

($157,636)

($157,636)

($157,636)

30.5 Reduce funds by eliminating an accounting manager, a secretary, and a chief information officer. (H:Reflect actual salaries and recognize three additional vacancies for a total of six vacant positions)(S:Restore funds for a position already eliminated because of the GAIT outsourcing initiative)(CC:Reflect actual salaries and recognize three additional vacancies)

State General Funds

($184,468)

($523,875)

($425,033)

($523,875)

30.6 Reduce funds designated for information technology contractors and perform the work with internal staff.

State General Funds

($143,997)

($143,997)

($143,997)

($143,997)

30.7 Reduce funds designated for a marketing study.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

30.8 Reduce funds from operations.

State General Funds

($15,500)

($15,500)

($15,500)

($15,500)

30.9 Reduce funds and delay repairs and maintenance projects.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

30.10 Reduce funds designated for conferences and continuing education expenses.

State General Funds

($29,700)

($29,700)

($29,700)

($29,700)

30.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($28,279)

($28,279)

($28,279)

($28,279)

30.12 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($399)

($399)

($399)

30.13 Replace funds to require the Office of Treasury and Fiscal Services to reimburse the Department for its allocation of administrative expenses.

State General Funds Agency to Agency Contracts TOTAL PUBLIC FUNDS

($66,129) $107,181 $41,052

($66,129) $107,181 $41,052

30.100 -Departmental Administration

Appropriation (HB 119)

FRIDAY, APRIL 3, 2009

5667

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$2,568,952

State General Funds

$2,568,952

TOTAL AGENCY FUNDS

$1,400,524

Interest and Investment Income

$62,121

Interest and Investment Income Not Itemized

$62,121

Royalties and Rents

$35,708

Royalties and Rents Not Itemized

$35,708

Sales and Services

$1,302,695

Sales and Services Not Itemized

$1,302,695

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,235,392

State Funds Transfers

$1,235,392

Agency to Agency Contracts

$21,818

Mail and Courier Services

$250,719

Motor Vehicle Rental Payments

$203,686

Risk Management Assessments

$759,169

TOTAL PUBLIC FUNDS

$5,204,868

$2,235,895 $2,235,895 $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 $4,871,811

$2,311,534 $2,311,534 $1,400,524
$62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,342,573 $1,342,573 $128,999 $250,719 $203,686 $759,169 $5,054,631

$2,212,692 $2,212,692 $1,400,524
$62,121 $62,121 $35,708 $35,708 $1,302,695 $1,302,695 $1,342,573 $1,342,573 $128,999 $250,719 $203,686 $759,169 $4,955,789

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
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized 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

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699
$91,439 $91,439 $91,439 $3,092,079

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699
$91,439 $91,439 $91,439 $3,092,079

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699
$91,439 $91,439 $91,439 $3,092,079

$1,705,000 $1,705,000 $1,295,640
$719,941 $719,941 $575,699 $575,699 $91,439 $91,439
$91,439 $3,092,079

31.1 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($672,026)

($672,026)

($672,026)

($672,026)

31.2 Reduce funds from excess rent allocations.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

31.3 Reduce funds due to excessive freight expenses.

5668

JOURNAL OF THE HOUSE

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

31.4 Reduce funds from operations.

State General Funds

($36,704)

($36,704)

($36,704)

($36,704)

31.5 Reduce funds from personnel.

State General Funds

($340,758)

($340,758)

($340,758)

($340,758)

31.6 Reduce funds and fund operations with income from rebates from vehicle maintenance/gas contracts and vehicle rental payments. (CC:The Department is directed to be self-sufficient on agency generated income by FY11)

State General Funds

($635,512)

($317,756)

31.7 Reduce funds to reflect the use of reserves.

Reserved Fund Balances Not Itemized

($366,938)

($366,938)

31.99

CC: The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for traveling state employees. Senate: The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for travelling state employees.

State General Funds

$0

$0

31.100 -Fleet Management

Appropriation (HB 119)

The purpose of this appropriation is to provide and manage a fuel card program for state and local governments, to implement the Motor Vehicle Contract

Maintenance Program to provide repairs, roadside assistance, and maintenance for state and local government fleets, and to establish a motor pool for traveling

state employees.

TOTAL STATE FUNDS

$635,512

$635,512

$317,756

State General Funds

$635,512

$635,512

$317,756

TOTAL AGENCY FUNDS

$1,295,640

$1,295,640

$928,702

$928,702

Reserved Fund Balances

$719,941

$719,941

$353,003

$353,003

Reserved Fund Balances Not Itemized

$719,941

$719,941

$353,003

$353,003

Rebates, Refunds, and Reimbursements

$575,699

$575,699

$575,699

$575,699

Rebates, Refunds, and Reimbursements Not Itemized

$575,699

$575,699

$575,699

$575,699

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$91,439

$91,439

$91,439

$91,439

State Funds Transfers

$91,439

$91,439

$91,439

$91,439

Motor Vehicle Rental Payments

$91,439

$91,439

$91,439

$91,439

TOTAL PUBLIC FUNDS

$2,022,591

$2,022,591

$1,020,141

$1,337,897

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.

FRIDAY, APRIL 3, 2009

5669

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services
TOTAL PUBLIC FUNDS

$0 $0 $1,130,155 $1,130,155 $1,130,155 $1,130,155

$0 $0 $1,130,155 $1,130,155 $1,130,155 $1,130,155

$0 $0 $1,130,155 $1,130,155 $1,130,155 $1,130,155

$0 $0 $1,130,155 $1,130,155 $1,130,155 $1,130,155

32.1 Reduce funds by eliminating one filled clerk position.

Mail and Courier Services

($31,186)

($31,186)

($31,186)

($31,186)

32.2 Reduce funds from operations.

Mail and Courier Services

($2,300)

($2,300)

($2,300)

($2,300)

32.3 Reduce funds designated for vehicle expenses.

Mail and Courier Services

($17,000)

($17,000)

($17,000)

($17,000)

32.99

CC: The purpose of this appropriation is to operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-five miles of metro Atlanta. Senate: The purpose of this appropriation is to operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-five miles of metro Atlanta.

State General Funds

$0

$0

32.100 -Mail and Courier

Appropriation (HB 119)

The purpose of this appropriation is to operate an interoffice mail services network providing daily and specialized courier services to state offices within thirty-

five miles of metro Atlanta.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,079,669

$1,079,669

$1,079,669

$1,079,669

State Funds Transfers

$1,079,669

$1,079,669

$1,079,669

$1,079,669

Mail and Courier Services

$1,079,669

$1,079,669

$1,079,669

$1,079,669

TOTAL PUBLIC FUNDS

$1,079,669

$1,079,669

$1,079,669

$1,079,669

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 Agency to Agency Contracts Liability Funds Property Insurance Funds Unemployment Compensation Funds

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300

$0 $0 $129,880,757 $129,880,757 $978,423 $49,247,014 $20,688,835 $8,060,300

5670

JOURNAL OF THE HOUSE

Workers Compensation Funds TOTAL PUBLIC FUNDS

$50,906,185 $50,906,185 $50,906,185 $50,906,185 $129,880,757 $129,880,757 $129,880,757 $129,880,757

33.1 Reduce funds by restricting travel, postponing computer upgrades, discontinuing subscriptions, and suspending participation in conferences and training.

Agency to Agency Contracts Liability Funds Property Insurance Funds Workers Compensation Funds TOTAL PUBLIC FUNDS

($51,100) ($9,200) ($5,200)
($28,200) ($93,700)

($51,100) ($9,200) ($5,200)
($28,200) ($93,700)

($51,100) ($9,200) ($5,200)
($28,200) ($93,700)

($51,100) ($9,200) ($5,200)
($28,200) ($93,700)

33.2 Reduce funds due to a teachers' premium refund.

Property Insurance Funds

($51,000)

($51,000)

($51,000)

($51,000)

33.3 Reduce funds from consulting services that are unnecessary or can be performed internally.

Liability Funds Workers Compensation Funds TOTAL PUBLIC FUNDS

($126,000) ($103,000) ($229,000)

($126,000) ($103,000) ($229,000)

($126,000) ($103,000) ($229,000)

($126,000) ($103,000) ($229,000)

33.4 Reduce funds and eliminate duplicative or unnecessary positions.

Agency to Agency Contracts Property Insurance Funds Workers Compensation Funds TOTAL PUBLIC FUNDS

($81,473) ($262,985) ($46,000) ($390,458)

($81,473) ($262,985) ($46,000) ($390,458)

($81,473) ($262,985) ($46,000) ($390,458)

($81,473) ($262,985) ($46,000) ($390,458)

33.5 Reduce funds due to a broker fee refund.

Agency to Agency Contracts

($157,000)

($157,000)

($157,000)

($157,000)

33.99

CC: The purpose of this appropriation is to administer a liability insurance program to protect state government and employees from work-related claims, to provide indemnification funds for public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and to administer the Workers' Compensation Program. Senate: The purpose of this appropriation is to administer a liability insurance program to protect state government and employees from work-related claims, to provide indemnification funds for public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and to administer the Workers' Compensation Program.

State General Funds

$0

$0

33.100 -Risk Management

Appropriation (HB 119)

The purpose of this appropriation is to administer a liability insurance program to protect state government and employees from work-related claims, to provide

indemnification funds for public officers and public school personnel in case of disability or death, to identify and control risks and hazards to minimize loss, to

FRIDAY, APRIL 3, 2009

5671

insure state-owned buildings and property against damage or destruction, to partner with the Department of Labor in administering unemployment claims, and

to administer the Workers' Compensation Program.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$128,959,599 $128,959,599 $128,959,599 $128,959,599

State Funds Transfers

$128,959,599 $128,959,599 $128,959,599 $128,959,599

Agency to Agency Contracts

$688,850

$688,850

$688,850

$688,850

Liability Funds

$49,111,814 $49,111,814 $49,111,814 $49,111,814

Property Insurance Funds

$20,369,650 $20,369,650 $20,369,650 $20,369,650

Unemployment Compensation Funds

$8,060,300

$8,060,300

$8,060,300

$8,060,300

Workers Compensation Funds

$50,728,985 $50,728,985 $50,728,985 $50,728,985

TOTAL PUBLIC FUNDS

$128,959,599 $128,959,599 $128,959,599 $128,959,599

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 Reserved Fund Balances Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

$4,241,671 $4,241,671 $10,729,801 $4,165,501 $4,165,501 $6,564,300 $6,564,300 $14,971,472

34.1 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($51,687)

($44,665)

$0

$0

34.2 Reduce funds designated for the SCIQUEST contract and implement Priority I initiatives at a later date.

State General Funds

($483,287)

($483,287)

($483,287)

($483,287)

34.3 Reduce funds from personnel. (H and S:Reduce funds to reflect eight vacant positions)

State General Funds

($226,109)

($360,128)

($360,128)

($360,128)

34.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($37,487)

($37,487)

($37,487)

($37,487)

34.5 Reduce funds due to the use of reserves in HB118 (FY09A).

Reserved Fund Balances Not Itemized

($3,831,255) ($4,165,501) ($4,165,501)

5672

JOURNAL OF THE HOUSE

34.6 Reduce funds and fund operations with income from purchasing card rebates and incentives. (CC:The Department is directed to be self-sufficient on agency generated income by FY11)

State General Funds

($3,316,104) ($2,210,736)

34.99

CC: The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking contract opportunities; and to certify Small and/or Minority Business Vendors. Senate: The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking contract opportunities; and to certify Small and/or Minority Business Vendors.

State General Funds

$0

$0

34.100 -State Purchasing

Appropriation (HB 119)

The purpose of this appropriation is to publicize government contract opportunities on the Georgia Procurement Registry; to maintain a comprehensive listing of

all agency contracts; to manage bids, Requests For Proposals, and Requests For Quotes; to provide and oversee Purchasing Cards; to conduct reverse auctions

for non-construction goods and services valued above $100,000; to leverage the state's purchasing power in obtaining contracts; to train vendors seeking

contract opportunities; and to certify Small and/or Minority Business Vendors.

TOTAL STATE FUNDS

$3,443,101

$3,316,104

$44,665

$1,150,033

State General Funds

$3,443,101

$3,316,104

$44,665

$1,150,033

TOTAL AGENCY FUNDS

$10,729,801

$6,898,546

$6,564,300

$6,564,300

Reserved Fund Balances

$4,165,501

$334,246

Reserved Fund Balances Not Itemized

$4,165,501

$334,246

Rebates, Refunds, and Reimbursements

$6,564,300

$6,564,300

$6,564,300

$6,564,300

Rebates, Refunds, and Reimbursements Not Itemized

$6,564,300

$6,564,300

$6,564,300

$6,564,300

TOTAL PUBLIC FUNDS

$14,172,902 $10,214,650

$6,608,965

$7,714,333

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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

$0 $0 $4,657,141 $1,948,640 $1,948,640 $2,708,501 $2,708,501 $4,657,141

FRIDAY, APRIL 3, 2009

5673

35.1 Reduce funds due to the closing of facilities in Americus, Swainsboro and Tucker and eliminate positions.

Sales and Services Not Itemized

($2,130,624) ($2,130,624)

35.2 Reduce funds to reflect the use of reserves in FY09.

Reserved Fund Balances Not Itemized

($2,130,624) ($1,327,923)

($2,130,624) ($1,327,923)

35.100 -Surplus Property

Appropriation (HB 119)

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

$2,526,517

$2,526,517

$1,198,594

$1,198,594

Reserved Fund Balances

$1,948,640

$1,948,640

$620,717

$620,717

Reserved Fund Balances Not Itemized

$1,948,640

$1,948,640

$620,717

$620,717

Sales and Services

$577,877

$577,877

$577,877

$577,877

Sales and Services Not Itemized

$577,877

$577,877

$577,877

$577,877

TOTAL PUBLIC FUNDS

$2,526,517

$2,526,517

$1,198,594

$1,198,594

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

$0 $0 $90,506 $90,506 $90,506 $90,506

$0 $0 $90,506 $90,506 $90,506 $90,506

$0 $0 $90,506 $90,506 $90,506 $90,506

$0 $0 $90,506 $90,506 $90,506 $90,506

36.1 Eliminate funds to reflect the Department's decision to close the remaining post office in the Coverdell Legislative Office Building effective April 1, 2009.

Royalties and Rents Not Itemized

($90,506)

($90,506)

36.100 -U.S. Post Office

Appropriation (HB 119)

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

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.

5674

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments per OCGA50-13-44
TOTAL PUBLIC FUNDS

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

$3,576,847 $3,576,847
$608,684 $608,684 $608,684 $4,185,531

37.1 Defer the FY09 cost of living adjustment.

State General Funds

($39,203)

($39,203)

($39,203)

($39,203)

37.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($133,607)

($115,456)

$0

$0

37.3 Reduce funds due to savings from the implementation of a new case management tool.

State General Funds

($346,036)

($346,036)

($346,036)

($346,036)

37.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($31,143)

($31,143)

($31,143)

($31,143)

37.99

CC: The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies. Senate: The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies.

State General Funds

$0

$0

37.100 -Administrative Hearings, Office of State

Appropriation (HB 119)

The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies.

TOTAL STATE FUNDS

$3,026,858

$3,045,009

$3,160,465

$3,160,465

State General Funds

$3,026,858

$3,045,009

$3,160,465

$3,160,465

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

$3,635,542

$3,653,693

$3,769,149

$3,769,149

Certificate of Need Appeal Panel The purpose of this appropriation is to review decisions made by hearing officers.

Continuation Budget

FRIDAY, APRIL 3, 2009

5675

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$60,473 $60,473 $60,473

$60,473 $60,473 $60,473

$60,473 $60,473 $60,473

$60,473 $60,473 $60,473

38.1 Reduce funds from contracts.

State General Funds

($6,047)

$0

($6,047)

($6,047)

38.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($544)

$0

($544)

($544)

38.3 Reduce funds and recognize self-sufficiency as of July 1, 2008 through the collection of filing fees.

State General Funds

($60,473)

$0

$0

38.99 CC: The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. Senate: The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications.

State General Funds

$0

$0

38.100 -Certificate of Need Appeal Panel

Appropriation (HB 119)

The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications.

TOTAL STATE FUNDS

$53,882

$53,882

State General Funds

$53,882

$53,882

TOTAL PUBLIC FUNDS

$53,882

$53,882

$53,882 $53,882 $53,882

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
TOTAL PUBLIC FUNDS

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

$0 $0 $3,290,117 $3,290,117 $3,290,117 $3,290,117

39.1 Increase administrative fees for managed funds and transfer funds ($107,181) to the Department of Administrative Services Departmental Administration program to cover administration costs for OTFS. (S:YES)(CC:YES)

Interest and Investment Income Not Itemized

$0

$0

39.99 CC: The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to manage state revenue collections; and to manage the Path2College 529 Plan.

5676

JOURNAL OF THE HOUSE

Senate: The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to manage state revenue collections; to manage the Path2College 529 Plan. House: The purpose of this appropriation is to receive and keep safely all monies paid to the treasury and to pay all warrants legally drawn on the treasury. Gov Rev: The purpose of this appropriation is to receive and keep safely all monies paid to the treasury and to pay all warrants legally drawn on the treasury.

State General Funds

$0

$0

$0

$0

39.100 -Treasury and Fiscal Services, Office of

Appropriation (HB 119)

The purpose of this appropriation is to set cash management policies for state agencies; assist agencies with bank services and accounts; monitor agency

deposits and disbursement patterns; to invest funds for state and local entities; to track warrants, fund agency allotments, and pay state debt service; and to

manage state revenue collections; and to manage the Path2College 529 Plan.

TOTAL AGENCY FUNDS

$3,290,117

$3,290,117

$3,290,117

$3,290,117

Interest and Investment Income

$3,290,117

$3,290,117

$3,290,117

$3,290,117

Interest and Investment Income Not Itemized

$3,290,117

$3,290,117

$3,290,117

$3,290,117

TOTAL PUBLIC FUNDS

$3,290,117

$3,290,117

$3,290,117

$3,290,117

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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$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

$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

$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

$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

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers

Section Total - Final

$42,109,685 $42,708,079

$42,109,685 $42,708,079

$8,049,321

$8,049,321

$8,049,321

$8,049,321

$3,384,689

$3,384,689

$663,868

$663,868

$43,454,578 $43,454,578 $8,049,321 $8,049,321 $3,384,689
$663,868

$43,529,578 $43,529,578 $8,049,321 $8,049,321 $3,384,689
$663,868

FRIDAY, APRIL 3, 2009

5677

Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS

$100,000 $2,620,821
$180,000 $180,000 $53,723,695

$100,000 $2,620,821
$180,000 $180,000 $54,322,089

$100,000 $2,620,821
$180,000 $180,000 $55,068,588

$100,000 $2,620,821
$180,000 $180,000 $55,143,588

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

$3,775,613 $3,775,613 $3,775,613

$3,775,613 $3,775,613 $3,775,613

$3,775,613 $3,775,613 $3,775,613

$3,775,613 $3,775,613 $3,775,613

40.1 Reduce funds from the contract with the Board of Regents for the Athens and Tifton Veterinary Laboratories.

State General Funds

($309,289)

($309,289)

($309,289)

($309,289)

40.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($17,027)

($17,027)

($17,027)

($17,027)

40.3 Transfer funds received for the FY09 cost of living adjustment from the Board of Regents.

State General Funds

$64,646

$64,646

$64,646

40.99

CC: The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia. Senate: The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia.

State General Funds

$0

$0

40.100 -Athens and Tifton Veterinary Laboratories

Appropriation (HB 119)

The purpose of this appropriation is to provide payment to the Board of Regents for diagnostic laboratory testing, for veterinary consultation and assistance, for

disease surveillance, and for outreach to veterinarians, animal industries, and pet owners within the State of Georgia.

TOTAL STATE FUNDS

$3,449,297

$3,513,943

$3,513,943

$3,513,943

State General Funds

$3,449,297

$3,513,943

$3,513,943

$3,513,943

TOTAL PUBLIC FUNDS

$3,449,297

$3,513,943

$3,513,943

$3,513,943

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

$24,393,914 $24,393,914

$24,393,914 $24,393,914

$24,393,914 $24,393,914

$24,393,914 $24,393,914

5678

JOURNAL OF THE HOUSE

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 Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$7,199,221 $7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

$7,199,221 $7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

$7,199,221 $7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

$7,199,221 $7,199,221 $1,685,000
$100,000 $100,000 $1,585,000 $1,585,000 $150,000 $150,000 $150,000 $33,428,135

41.1 Defer the FY09 cost of living adjustment.

State General Funds

($346,718)

($346,718)

($346,718)

($346,718)

41.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($809,589)

($699,601)

$0

$0

41.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$99,775

$99,775

$99,775

$99,775

41.4 Reduce funds from operations.

State General Funds

($635,227)

($635,227)

($635,227)

($635,227)

41.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($114,931)

($114,931)

($114,931)

($114,931)

41.6 Increase funds for one food safety specialist and five food safety inspectors. (S:Increase funds to annualize salaries for four positions added in HB118 (FY09A))(CC:Annualize the four positions added in HB118 (FY09A) and the internal transfer of two positions)

State General Funds

$272,265

$160,000

$160,000

41.99

CC: The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. Senate: The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing,

FRIDAY, APRIL 3, 2009

5679

and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales.

State General Funds

$0

$0

41.100 -Consumer Protection

Appropriation (HB 119)

The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production

of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile

meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating

the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary

industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by

monitoring, inspecting, and regulating animal feed, pet food, and grains. The purpose of this appropriation is also to ensure accurate commercial transactions

by monitoring, inspecting, and regulating weights and measures and fuel sales.

TOTAL STATE FUNDS

$22,587,224 $22,969,477 $23,556,813 $23,556,813

State General Funds

$22,587,224 $22,969,477 $23,556,813 $23,556,813

TOTAL FEDERAL FUNDS

$7,199,221

$7,199,221

$7,199,221

$7,199,221

Federal Funds Not Itemized

$7,199,221

$7,199,221

$7,199,221

$7,199,221

TOTAL AGENCY FUNDS

$1,685,000

$1,685,000

$1,685,000

$1,685,000

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

$1,585,000

$1,585,000

$1,585,000

$1,585,000

Sales and Services Not Itemized

$1,585,000

$1,585,000

$1,585,000

$1,585,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$150,000

$150,000

$150,000

$150,000

Agency Funds Transfers

$150,000

$150,000

$150,000

$150,000

Agency Fund Transfers Not Itemized

$150,000

$150,000

$150,000

$150,000

TOTAL PUBLIC FUNDS

$31,621,445 $32,003,698 $32,591,034 $32,591,034

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

$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721

$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721

$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721

$6,571,774 $6,571,774
$69,500 $69,500 $258,721 $258,721

5680

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$258,721 $6,899,995

$258,721 $6,899,995

$258,721 $6,899,995

$258,721 $6,899,995

42.1 Defer the FY09 cost of living adjustment.

State General Funds

($44,054)

($44,054)

($44,054)

($44,054)

42.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($164,398)

($142,063)

$0

$0

42.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$68,966

$68,966

$68,966

$68,966

42.4 Reduce funds from operations.

State General Funds

($740,829)

($740,829)

($740,829)

($740,829)

42.5 Reduce funds by eliminating one filled and two vacant positions.

State General Funds

($157,060)

($157,060)

($157,060)

($157,060)

42.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($27,668)

($27,668)

($27,668)

($27,668)

42.7 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($6,608)

($6,608)

($6,608)

42.100 -Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$5,506,731

$5,522,458

State General Funds

$5,506,731

$5,522,458

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

$5,834,952

$5,850,679

$5,664,521 $5,664,521
$69,500 $69,500 $258,721 $258,721 $258,721 $5,992,742

$5,664,521 $5,664,521
$69,500 $69,500 $258,721 $258,721 $258,721 $5,992,742

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.

FRIDAY, APRIL 3, 2009

5681

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000 $30,000 $10,591,356

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000 $30,000 $10,591,356

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000 $30,000 $10,591,356

$8,339,788 $8,339,788
$780,600 $780,600 $1,440,968 $663,868 $663,868 $777,100 $777,100
$30,000 $30,000 $30,000 $10,591,356

43.1 Defer the FY09 cost of living adjustment.

State General Funds

($40,459)

($40,459)

($40,459)

($40,459)

43.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($152,868)

($132,100)

$0

$0

43.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$35,181

$35,181

$35,181

$35,181

43.4 Reduce funds from operations.

State General Funds

($910,422)

($910,422)

($910,422)

($910,422)

43.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($36,182)

($36,182)

($36,182)

($36,182)

43.6 Increase funds for marketing in emerging international markets.

State General Funds

$75,000

$0

$75,000

43.7 Increase funds for the Federation of Southern Cooperatives.

State General Funds

$40,000

$0

$0

43.99

CC: The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to publish the Market Bulletin. Senate: The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and

5682

JOURNAL OF THE HOUSE

internationally, to administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to publish the Market Bulletin.

State General Funds

$0

$0

43.100 -Marketing and Promotion

Appropriation (HB 119)

The purpose of this appropriation is to manage the state's farmers markets, to promote Georgia's agricultural products domestically and internationally, to

administer relevant certification marks, to provide poultry and livestock commodity data, to administer surety bonds, to provide information to the public, and to

publish the Market Bulletin.

TOTAL STATE FUNDS

$7,235,038

$7,370,806

$7,387,906

$7,462,906

State General Funds

$7,235,038

$7,370,806

$7,387,906

$7,462,906

TOTAL FEDERAL FUNDS

$780,600

$780,600

$780,600

$780,600

Federal Funds Not Itemized

$780,600

$780,600

$780,600

$780,600

TOTAL AGENCY FUNDS

$1,440,968

$1,440,968

$1,440,968

$1,440,968

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

$777,100

$777,100

$777,100

$777,100

Sales and Services Not Itemized

$777,100

$777,100

$777,100

$777,100

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$30,000

$30,000

$30,000

$30,000

Agency Funds Transfers

$30,000

$30,000

$30,000

$30,000

Agency Fund Transfers Not Itemized

$30,000

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$9,486,606

$9,622,374

$9,639,474

$9,714,474

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

$3,638,336 $3,638,336 $3,638,336

$3,638,336 $3,638,336 $3,638,336

$3,638,336 $3,638,336 $3,638,336

$3,638,336 $3,638,336 $3,638,336

44.1 Defer the FY09 cost of living adjustment.

State General Funds

($76,184)

($76,184)

($76,184)

($76,184)

44.2 Reduce funds from operations.

State General Funds

($213,729)

($213,729)

($213,729)

($213,729)

44.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($17,028)

($17,028)

($17,028)

($17,028)

44.99 CC: The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring. Senate: The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and

FRIDAY, APRIL 3, 2009

5683

monitoring.

State General Funds

$0

$0

44.100 -Poultry Veterinary Diagnostic Labs

Appropriation (HB 119)

The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring.

TOTAL STATE FUNDS

$3,331,395

$3,331,395

$3,331,395

$3,331,395

State General Funds

$3,331,395

$3,331,395

$3,331,395

$3,331,395

TOTAL PUBLIC FUNDS

$3,331,395

$3,331,395

$3,331,395

$3,331,395

Section 14: Banking and Finance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$12,898,273 $12,898,273 $12,898,273

$12,898,273 $12,898,273 $12,898,273

$12,898,273 $12,898,273 $12,898,273

$12,898,273 $12,898,273 $12,898,273

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Section Total - Final $11,917,317 $11,975,215 $11,917,317 $11,975,215 $11,917,317 $11,975,215

$12,355,581 $12,355,581 $12,355,581

$12,355,581 $12,355,581 $12,355,581

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

$550,974 $550,974 $550,974

$550,974 $550,974 $550,974

$550,974 $550,974 $550,974

$550,974 $550,974 $550,974

45.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,555)

($6,555)

($6,555)

($6,555)

45.98 Transfer all funds and activities to the Departmental Administration, Financial Institution Supervision, and Non-Depository Financial Institutions programs to align the program structure with the Department's service delivery model.

State General Funds

($544,419)

($544,419)

($544,419)

($544,419)

Consumer Protection and Assistance

Continuation Budget

The purpose of this appropriation is to assist consumers with problems encountered when dealing with department-regulated entities.

5684

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$660,553 $660,553 $660,553

$660,553 $660,553 $660,553

$660,553 $660,553 $660,553

$660,553 $660,553 $660,553

46.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,872)

($6,872)

($6,872)

($6,872)

46.2 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,617

$1,617

$1,617

$1,617

46.3 Reduce funds by eliminating two consumer and legal affairs specialists and one administrative assistant position.

State General Funds

($270,034)

($270,034)

($270,034)

($270,034)

46.4 Transfer funds to the Departmental Administration and Non-Depository Financial Institutions Supervision programs to reflect actual expenditures and to the Financial Institution Supervision program for one legal and consumer affairs specialist.

State General Funds

($171,127)

($171,127)

($171,127)

($171,127)

46.99

CC: The purpose of this appropriation is to mitigate complaints between consumers and financial institutions, mortgage licensees and registrants, and other financial service providers, and to provide legal advice and legislative drafting support for the Commissioner and staff. Senate: The purpose of this appropriation is to mitigate complaints between consumers and financial institutions, mortgage licensees and registrants, and other financial service providers, and to provide legal advice and legislative drafting support for the Commissioner and staff.

State General Funds

$0

$0

46.100 -Consumer Protection and Assistance

Appropriation (HB 119)

The purpose of this appropriation is to mitigate complaints between consumers and financial institutions, mortgage licensees and registrants, and other financial

service providers, and to provide legal advice and legislative drafting support for the Commissioner and staff.

TOTAL STATE FUNDS

$214,137

$214,137

$214,137

$214,137

State General Funds

$214,137

$214,137

$214,137

$214,137

TOTAL PUBLIC FUNDS

$214,137

$214,137

$214,137

$214,137

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

$2,089,102 $2,089,102 $2,089,102

$2,089,102 $2,089,102 $2,089,102

$2,089,102 $2,089,102 $2,089,102

$2,089,102 $2,089,102 $2,089,102

47.1 Defer the FY09 cost of living adjustment.

State General Funds

($21,807)

($21,807)

($21,807)

($21,807)

47.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

FRIDAY, APRIL 3, 2009

5685

Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($78,790)

($68,086)

$0

$0

47.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$183

$183

$183

$183

47.4 Reduce funds by eliminating one vacant district information systems specialist position.

State General Funds

($101,363)

($101,363)

($101,363)

($101,363)

47.5 Transfer funds from the Consumer Protection and Assistance program to reflect actual expenditures.

State General Funds

$16,000

$16,000

$16,000

$16,000

47.6 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($1,901)

($1,901)

($1,901)

47.98 Transfer funds and activities from the Chartering, Licensing and Applications/Non-Mortgage Entities program to align the program structure with the Department's service delivery model.

State General Funds

$153,096

$153,096

$153,096

$153,096

47.100 -Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to all department programs.

TOTAL STATE FUNDS

$2,056,421

$2,065,224

State General Funds

$2,056,421

$2,065,224

TOTAL PUBLIC FUNDS

$2,056,421

$2,065,224

$2,133,310 $2,133,310 $2,133,310

$2,133,310 $2,133,310 $2,133,310

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

$7,757,393 $7,757,393 $7,757,393

$7,757,393 $7,757,393 $7,757,393

$7,757,393 $7,757,393 $7,757,393

$7,757,393 $7,757,393 $7,757,393

48.1 Defer the FY09 cost of living adjustment.

State General Funds

($87,276)

($87,276)

($87,276)

($87,276)

48.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

5686

JOURNAL OF THE HOUSE

State General Funds

($285,226)

($246,476)

$0

$0

48.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$43,680

$43,680

$43,680

$43,680

48.4 Reduce funds for one-time information systems controls improvements.

State General Funds

($52,900)

($52,900)

($52,900)

($52,900)

48.5 Reduce funds and consolidate the Douglas and Valdosta field offices into one central office in Tifton.

State General Funds

($22,593)

($22,593)

($22,593)

($22,593)

48.6 Transfer funds from the Consumer Protection and Assistance program for one legal and consumer affairs specialist.

State General Funds

$147,127

$147,127

$147,127

$147,127

48.98 Transfer funds and activities from the Chartering, Licensing, and Applications/Non-Mortgage Entities program to align the program structure with the Department's service delivery model.

State General Funds

$127,264

$127,264

$127,264

$127,264

48.99

CC: The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory agencies on examination findings. Senate: The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory agencies on examination findings.

State General Funds

$0

$0

48.100 -Financial Institution Supervision

Appropriation (HB 119)

The purpose of this appropriation is to examine and regulate depository financial institutions, state-chartered banks, trust companies, credit unions, bank

holding companies, and international banking organizations; to track performance of financial service providers operating in Georgia, to monitor industry

trends, respond to negative trends, and establish operating guidelines; and to collaborate with law enforcement, federal regulators, and other regulatory

agencies on examination findings.

TOTAL STATE FUNDS

$7,627,469

$7,666,219

$7,912,695

$7,912,695

State General Funds

$7,627,469

$7,666,219

$7,912,695

$7,912,695

TOTAL PUBLIC FUNDS

$7,627,469

$7,666,219

$7,912,695

$7,912,695

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.

FRIDAY, APRIL 3, 2009

5687

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,840,251 $1,840,251 $1,840,251

$1,840,251 $1,840,251 $1,840,251

$1,840,251 $1,840,251 $1,840,251

$1,840,251 $1,840,251 $1,840,251

49.1 Defer the FY09 cost of living adjustment.

State General Funds

($18,078)

($18,078)

49.98 Transfer all funds and activities to the Non-Depository Financial Institution Supervision program.

State General Funds

($1,822,173) ($1,765,054)

($18,078) ($1,822,173)

($18,078) ($1,822,173)

49.100 -Mortgage Supervision

Appropriation (HB 119)

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

$57,119

State General Funds

$57,119

TOTAL PUBLIC FUNDS

$57,119

Non-Depository Financial Institution Supervision
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

505.1 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,207

$1,207

$1,207

$1,207

505.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($76,149)

($65,804)

$0

$0

505.3 Transfer funds from the Consumer Protection and Assistance program.

State General Funds

$8,000

$8,000

$8,000

$8,000

505.4 Transfer funds for three positions from the Chartering, Licensing and Applications/Non-Mortgage Entities program.

State General Funds

$264,059

$264,059

$264,059

$264,059

505.98 Transfer all funds and activities from the Mortgage Supervision program.

State General Funds

$1,822,173

$1,765,054

$1,822,173

$1,822,173

505.99 CC: The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by non-bank entities to consumers, and provide for regulations of

5688

JOURNAL OF THE HOUSE

such entities through an effective licensing and supervision program. Senate: The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by non-bank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. House: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by nonbank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program. Gov Rev: The purpose of this appropriation is to protect consumers from unfair, deceptive or fraudulent residential mortgage lending practices, enforce applicable laws and regulations, promote the availability of money services offered by nonbank entities to consumers, and provide for regulations of such entities through an effective licensing and supervision program.

State General Funds

$0

$0

$0

$0

505.100-Non-Depository Financial Institution Supervision

Appropriation (HB 119)

The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices, enforce applicable laws

and regulations, promote the availability of money services offered by non-bank entities to consumers, and provide for regulations of such entities through an

effective licensing and supervision program.

TOTAL STATE FUNDS

$2,019,290

$1,972,516

$2,095,439

$2,095,439

State General Funds

$2,019,290

$1,972,516

$2,095,439

$2,095,439

TOTAL PUBLIC FUNDS

$2,019,290

$1,972,516

$2,095,439

$2,095,439

Section 15: Behavioral Health and Developmental Disabilities, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

Section Total - Continuation

$787,659,273 $777,404,135
$10,255,138 $170,139,340 $13,130,623
$21,664,496 $21,503,066 $59,700,314 $30,636,459 $23,504,382 $191,805,444 $4,515,349
$148,000 $490,000 $218,121 $186,433,974 $5,347,888

$787,659,273 $777,404,135 $10,255,138 $170,139,340 $13,130,623
$21,664,496 $21,503,066 $59,700,314 $30,636,459 $23,504,382 $191,805,444 $4,515,349
$148,000 $490,000 $218,121 $186,433,974 $5,347,888

$787,659,273 $777,404,135 $10,255,138 $170,139,340 $13,130,623 $21,664,496 $21,503,066 $59,700,314 $30,636,459 $23,504,382 $191,805,444
$4,515,349 $148,000 $490,000 $218,121
$186,433,974 $5,347,888

$787,659,273 $777,404,135 $10,255,138 $170,139,340 $13,130,623 $21,664,496 $21,503,066 $59,700,314 $30,636,459 $23,504,382 $191,805,444
$4,515,349 $148,000 $490,000 $218,121
$186,433,974 $5,347,888

FRIDAY, APRIL 3, 2009

5689

State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS

$5,237,537

$5,237,537

$5,237,537

$5,237,537

$110,351

$110,351

$110,351

$110,351

$1,154,951,945 $1,154,951,945 $1,154,951,945 $1,154,951,945

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$671,780,242 $674,665,709

$661,525,104 $664,410,571

$10,255,138 $10,255,138

$225,496,051 $233,412,268

$13,130,623 $13,130,623

$21,694,859 $21,694,859

$80,203,308 $82,983,291

$59,700,314 $59,700,314

$30,636,459 $30,636,459

$20,130,488 $25,266,722

$191,808,359 $193,535,807

$4,515,349

$4,515,349

$148,000

$148,000

$490,000

$2,217,448

$221,036

$221,036

$186,433,974 $186,433,974

$5,347,888

$5,347,888

$5,237,537

$5,237,537

$110,351

$110,351

$1,094,432,540 $1,106,961,672

$701,130,399 $690,875,261 $10,255,138 $235,877,797 $13,130,623 $21,694,859 $90,173,820 $59,700,314 $30,636,459 $20,541,722 $191,808,359
$4,515,349 $148,000 $490,000 $221,036
$186,433,974 $5,347,888 $5,237,537 $110,351
$1,134,164,443

$700,680,399 $690,425,261 $10,255,138 $235,877,797 $13,130,623 $21,694,859 $90,173,820 $59,700,314 $30,636,459 $20,541,722 $191,808,359
$4,515,349 $148,000 $490,000 $221,036
$186,433,974 $5,347,888 $5,237,537 $110,351
$1,133,714,443

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 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

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683
$824,903 $490,000 $490,000 $218,121 $218,121 $116,782

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683
$824,903 $490,000 $490,000 $218,121 $218,121 $116,782

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683
$824,903 $490,000 $490,000 $218,121 $218,121 $116,782

$47,941,247 $47,941,247 $51,862,298 $29,988,615 $21,873,683 $21,873,683
$824,903 $490,000 $490,000 $218,121 $218,121 $116,782

5690

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$116,782

$116,782

$116,782

$116,782

$100,628,448 $100,628,448 $100,628,448 $100,628,448

173.1 Defer the FY09 cost of living adjustment.

State General Funds

($525,607)

($525,607)

($525,607)

($525,607)

173.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,888,392) ($1,703,054)

$0

$0

173.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,380

$1,380

$1,380

$1,380

173.4 Reduce and defer funds received in HB990 (FY09G) for the Bridges of Hope.

State General Funds

($12,000)

($12,000)

($12,000)

($12,000)

173.5 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($61,117)

($61,117)

($61,117)

($61,117)

173.6 Reduce and defer funds received in HB990 (FY09G) for Hope House, Inc. ("The Highland West" location) for the expansion of substance abuse and outpatient behavioral health services.

State General Funds

($350,000)

($350,000)

($350,000)

($350,000)

173.7 Reduce funds from the United Way Regional Commission for addictive disease services at the Gateway Center in Atlanta.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

173.8 Eliminate funds for opioid maintenance therapy.

State General Funds

($1,568,628) ($1,568,628) ($1,568,628) ($1,568,628)

173.9 Reduce funds from consumer and family assistance by 60% for non-medically necessary services to support transitions from institutions to communities reflecting the historical utilization trends of the program.

State General Funds

($119,388)

($119,388)

($119,388)

($119,388)

173.10 Reduce funds from supported employment for non-medically necessary services and sustain the program through federal funding.

State General Funds

($301,476)

($301,476)

($301,476)

($301,476)

173.11 Reduce funds from new provider training and quality compliance audits.

State General Funds

($49,000)

($49,000)

($49,000)

($49,000)

173.12 Reduce funds from outdoor therapeutic programs by eliminating the contracts with Westcare Georgia and the River Edge Community Service Board (CSB) that provide specific treatment services and interventions for methamphetamine addiction in seventeen counties.

State General Funds

($1,000,000)

($500,000) ($1,000,000) ($1,000,000)

FRIDAY, APRIL 3, 2009

5691

173.13 Reduce funds from core and specialty services.

State General Funds

($1,271,318) ($1,271,318) ($1,271,318) ($1,271,318)

173.14 Reduce funds from various contracts.

State General Funds

($417,000)

($417,000)

($417,000)

($417,000)

173.15 Reduce funds. (H:Partially restore funds)

Temporary Assistance for Needy Families Grant CFDA93.558

($4,377,600)

($665,100) ($4,377,600) ($4,377,600)

173.98

CC: The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a chemical dependency. The purpose of this appropriation is also to provide assistance for compulsive gamblers. Senate: The purpose of this appropriation is to assist adults in the safe withdrawal from addictions including methamphetamine, and other abused substances through detoxification services, HIV early intervention, crisis and access lines, residential and family assistance, supported employment, and outpatient care. The purpose of the appropriation is also to provide treatment for compulsive gambling.

State General Funds

$0

$0

173.100-Adult Addictive Diseases Services

Appropriation (HB 119)

The purpose of this appropriation is to provide a continuum of programs, services and supports for adults who abuse alcohol and other drugs or who have a

chemical dependency. The purpose of this appropriation is also to provide assistance for compulsive gamblers.

TOTAL STATE FUNDS

$40,328,701 $41,014,039 $42,217,093 $42,217,093

State General Funds

$40,328,701 $41,014,039 $42,217,093 $42,217,093

TOTAL FEDERAL FUNDS

$47,484,698 $51,197,198 $47,484,698 $47,484,698

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$29,988,615 $29,988,615 $29,988,615 $29,988,615

Temporary Assistance for Needy Families

$17,496,083 $21,208,583 $17,496,083 $17,496,083

Temporary Assistance for Needy Families Grant CFDA93.558

$17,496,083 $21,208,583 $17,496,083 $17,496,083

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

$88,638,302 $93,036,140 $90,526,694 $90,526,694

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

$204,977,518 $194,722,380
$10,255,138

$204,977,518 $194,722,380 $10,255,138

$204,977,518 $194,722,380 $10,255,138

$204,977,518 $194,722,380 $10,255,138

5692

JOURNAL OF THE HOUSE

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
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$45,031,225 $422,008
$13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

$45,031,225 $422,008
$13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

$45,031,225 $422,008
$13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

$45,031,225 $422,008
$13,561,524 $30,636,459
$411,234 $411,234 $79,164,086 $79,164,086 $79,164,086 $329,172,829

174.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,507,563) ($1,507,563) ($1,507,563) ($1,507,563)

174.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($5,416,356) ($4,884,763)

$0

$0

174.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$92,502

$92,502

$92,502

$92,502

174.4 Reduce funds by eliminating consumer family education sessions, training for court personnel, and the distribution of "best practice" information for use by Regional Board and Community Services Board membership.

State General Funds

($401,367)

($401,367)

($401,367)

($401,367)

174.5 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($13,403)

($13,403)

($13,403)

($13,403)

174.6 Reduce and defer funds received in HB990 (FY09G) for Oral Health Resources.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

174.7 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages (FMAP) due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,878,492)

($1,878,492) $1,878,492
$0

($1,878,492) $1,878,492
$0

($1,878,492) $1,878,492
$0

174.8 Reduce funds received in HB990 (FY09G) for 135 Mental Retardation Waiver Program slots. (S and CC:Restore funds for slots and reflect increased FMAP rate)

FRIDAY, APRIL 3, 2009

5693

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($2,795,820) ($5,180,843) ($7,976,663)

($2,795,820) ($5,180,843) ($7,976,663)

($787,296) $787,296
$0

($787,296) $787,296
$0

174.9 Increase funds for 150 Mental Retardation Waiver Program slots for the Money Follows the Person program.

State General Funds

$1,981,474

$1,981,474

$1,981,474

$1,981,474

174.10 Reduce funds from various contracts.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

174.11 Replace funds with the new provider fees raised by the Department of Community Health to annualize the provider rate increase received in HB990 (FY09G) for waiver services. (Gov Rev, S, and CC:Reduce by $1,433,784 and do not annualize the provider rate increase for waiver services due to the revised revenue estimate)

State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS

($716,892) $0
($716,892)

($716,892) $1,433,784
$716,892

($716,892) $0
($716,892)

($716,892) $0
($716,892)

174.12 Increase funds to annualize the cost of 365 waiver slots on the Mental Retardation Waiver Program waiting list.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$2,509,915 $514,079
$3,023,994

$2,509,915 $0
$2,509,915

$2,509,915 $0
$2,509,915

$2,509,915 $0
$2,509,915

174.13 Reduce funds designated to purchase vehicles.

State General Funds

($962,957)

($962,957)

($962,957)

($962,957)

174.14 Reduce funds. (H and S:Restore funds)

Temporary Assistance for Needy Families Grant CFDA93.558

($411,234)

$0

$0

$0

174.15 Reduce funds to reflect the revised revenue estimate. (S and CC:Restore funds for Rockdale Cares)

State General Funds

($2,860,789) ($3,319,620) ($3,269,206) ($3,269,206)

174.16 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($31,622,732) $31,622,732
$0

($31,622,732) $31,622,732
$0

($31,622,732) $31,622,732
$0

($31,622,732) $31,622,732
$0

174.98

CC: The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. Senate: The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support and respite, job readiness, training, and a crisis and access line. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors.

State General Funds

$0

$0

5694

JOURNAL OF THE HOUSE

174.100-Adult Developmental Disabilities Services

Appropriation (HB 119)

The purpose of this appropriation is to promote independence of adults with significant development disabilities through institutional care, community support

and respite, job readiness, training, and a crisis and access line. No funds shall be used to privatize the state owned mental health hospitals prior to the

appointment of a director of the new Department of Behavioral Health and Developmental Disabilities.

TOTAL STATE FUNDS

$160,835,038 $160,907,800 $167,851,501 $167,851,501

State General Funds

$150,579,900 $150,652,662 $157,596,363 $157,596,363

Tobacco Settlement Funds

$10,255,138 $10,255,138 $10,255,138 $10,255,138

TOTAL FEDERAL FUNDS

$71,575,959 $73,351,606 $79,319,745 $79,319,745

Federal Funds Not Itemized

$422,008

$422,008

$422,008

$422,008

Medical Assistance Program CFDA93.778

$40,517,492 $41,881,905 $47,850,044 $47,850,044

Social Services Block Grant CFDA93.667

$30,636,459 $30,636,459 $30,636,459 $30,636,459

Temporary Assistance for Needy Families

$411,234

$411,234

$411,234

Temporary Assistance for Needy Families Grant CFDA93.558

$411,234

$411,234

$411,234

TOTAL AGENCY FUNDS

$79,164,086 $80,597,870 $79,164,086 $79,164,086

Intergovernmental Transfers

$1,433,784

Provider Fee Transfers from Dept of Community Health

$1,433,784

Sales and Services

$79,164,086 $79,164,086 $79,164,086 $79,164,086

Sales and Services Not Itemized

$79,164,086 $79,164,086 $79,164,086 $79,164,086

TOTAL PUBLIC FUNDS

$311,575,083 $314,857,276 $326,335,332 $326,335,332

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

$46,249,924 $46,249,924 $1,115,408 $1,115,408
$275,085 $275,085 $275,085 $47,640,417

$46,249,924 $46,249,924 $1,115,408
$1,115,408 $275,085 $275,085 $275,085
$47,640,417

$46,249,924 $46,249,924
$1,115,408 $1,115,408
$275,085 $275,085 $275,085 $47,640,417

$46,249,924 $46,249,924 $1,115,408
$1,115,408 $275,085 $275,085 $275,085
$47,640,417

176.1 Defer the FY09 cost of living adjustment.

State General Funds

($652,518)

($652,518)

($652,518)

($652,518)

176.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

FRIDAY, APRIL 3, 2009

5695

State General Funds

($2,344,359) ($2,114,270)

$0

$0

176.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,674

$2,674

$2,674

$2,674

176.4 Reduce funds by eliminating two vacant forensic diversion coordinator positions.

State General Funds

($225,000)

($225,000)

($225,000)

($225,000)

176.5 Reduce funds by eliminating two vacant forensic evaluator positions and associated travel expenses.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

176.6 Reduce funds received in HB95 (FY08G) and defer the planned expansion of the forensic telemedicine pilot project.

State General Funds

($95,040)

($95,040)

($95,040)

($95,040)

176.98

CC: The purpose of this appropriation is to provide psychological evaluations of defendants, mental health screening and evaluations, inpatient mental health treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. Senate: The purpose of this appropriation is to provide psychological evaluations of defendants, mental health screening and evaluations, inpatient mental health treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state owned and operated hospital to a private vendor or vendors.

State General Funds

$0

$0

176.100-Adult Forensic Services

Appropriation (HB 119)

The purpose of this appropriation is to provide psychological evaluations of defendants, mental health screening and evaluations, inpatient mental health

treatment, competency remediation, forensic evaluation services, and supportive housing for forensic consumers. No funds shall be used to privatize the state

owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities.

TOTAL STATE FUNDS

$42,685,681 $42,915,770 $45,030,040 $45,030,040

State General Funds

$42,685,681 $42,915,770 $45,030,040 $45,030,040

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

$275,085

$275,085

$275,085

$275,085

Sales and Services

$275,085

$275,085

$275,085

$275,085

Sales and Services Not Itemized

$275,085

$275,085

$275,085

$275,085

TOTAL PUBLIC FUNDS

$44,076,174 $44,306,263 $46,420,533 $46,420,533

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

$237,141,537 $237,141,537 $237,141,537 $237,141,537 $237,141,537 $237,141,537 $237,141,537 $237,141,537

5696

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS Community Mental Health Services Block Grant CFDA93.958 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 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

$19,424,756 $6,620,728 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257
$262,475,550

$19,424,756 $6,620,728 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257
$262,475,550

$19,424,756 $6,620,728 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257
$262,475,550

$19,424,756 $6,620,728 $11,491,538 $93,025 $1,219,465 $1,219,465 $5,909,257 $526,000 $526,000 $5,383,257 $5,383,257
$262,475,550

177.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,982,680) ($1,982,680) ($1,982,680) ($1,982,680)

177.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($107,233)

($107,233)

($107,233)

($107,233)

177.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($7,123,352) ($6,424,224)

$0

$0

177.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$20,845

$20,845

$20,845

$20,845

177.5 Reduce funds from new provider training and quality compliance audits of Mental Health, Developmental Disabilities, and Addictive Disease (MHDDAD) providers.

State General Funds

($201,000)

($201,000)

($201,000)

($201,000)

177.6 Eliminate funds for Employee Mentoring, an internship program for people with mental illness working with MHDDAD.

State General Funds

($130,000)

($130,000)

($130,000)

($130,000)

177.7 Reduce funds by not initiating the Central Navigation Website.

State General Funds

($240,000)

($240,000)

($240,000)

($240,000)

177.8 Reduce funds for training for mental illness, developmental disabilities, and addictive diseases.

State General Funds

($174,030)

($174,030)

($174,030)

($174,030)

177.9 Eliminate funds for the Family-to-Family Program in metropolitan Atlanta.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

FRIDAY, APRIL 3, 2009

5697

177.10 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($91,676)

$0

$0

$0

177.11 Reduce funds from the United Way Regional Commission for mental health services.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

177.12 Reduce funds from consumer and family assistance by 60% for non-medically necessary services to support transitions from institutions to communities reflecting the historical utilization trends of the program.

State General Funds

($762,624)

($762,624)

($762,624)

($762,624)

177.13 Reduce funds from supported employment for non-medically necessary services and sustain the program through available federal funds.

State General Funds

($2,973,337) ($2,973,337) ($2,973,337) ($2,973,337)

177.14 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($510,154)

($510,154) $510,154
$0

($510,154) $510,154
$0

($510,154) $510,154
$0

177.15 Reduce funds designated to purchase vehicles.

State General Funds

($157,500)

($157,500)

($157,500)

($157,500)

177.16 Reduce funds. (H:Partially restore funds)

Temporary Assistance for Needy Families Grant CFDA93.558

($1,219,465)

($206,965) ($1,219,465) ($1,219,465)

177.17 Reduce funds from new provider training and quality compliance audits.

State General Funds

($107,500)

($107,500)

($107,500)

($107,500)

177.18 Reduce funds from various contracts.

State General Funds

($1,673,065) ($1,673,065) ($1,673,065) ($1,673,065)

177.19 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,270,993) ($1,714,121) ($1,714,121) ($1,714,121)

177.20 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($13,539,260) $13,539,260
$0

($13,539,260) $13,539,260
$0

($13,539,260) $13,539,260
$0

($13,539,260) $13,539,260
$0

177.21 Transfer funds from the Injury Prevention program for suicide prevention activities.

State General Funds

$200,000

$200,000

177.98

CC: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. Senate: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for adults with mental illnesses. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services

5698

JOURNAL OF THE HOUSE

currently provided by a state owned and operated hospital to a private vendor or vendors.

State General Funds

$0

$0

177.100-Adult Mental Health Services

Appropriation (HB 119)

The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate rehabilitation and recovery for

adults with mental illnesses. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new

Department of Behavioral Health and Developmental Disabilities.

TOTAL STATE FUNDS

$203,942,978 $206,290,654 $212,914,878 $212,914,878

State General Funds

$203,942,978 $206,290,654 $212,914,878 $212,914,878

TOTAL FEDERAL FUNDS

$31,744,551 $33,267,205 $32,254,705 $32,254,705

Community Mental Health Services Block Grant CFDA93.958

$6,620,728

$6,620,728

$6,620,728

$6,620,728

Federal Funds Not Itemized

$11,491,538 $11,491,538 $11,491,538 $11,491,538

Medical Assistance Program CFDA93.778

$13,632,285 $14,142,439 $14,142,439 $14,142,439

Temporary Assistance for Needy Families

$1,012,500

Temporary Assistance for Needy Families Grant CFDA93.558

$1,012,500

TOTAL AGENCY FUNDS

$5,909,257

$5,909,257

$5,909,257

$5,909,257

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

$5,383,257

$5,383,257

$5,383,257

$5,383,257

Sales and Services Not Itemized

$5,383,257

$5,383,257

$5,383,257

$5,383,257

TOTAL PUBLIC FUNDS

$241,596,786 $245,467,116 $251,078,840 $251,078,840

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 $9,012,772 $9,012,772 $9,012,772 $11,395,955

$2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955

$2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955

$2,383,183 $2,383,183 $9,012,772 $9,012,772 $9,012,772 $11,395,955

178.1 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$680

$680

$680

$680

178.100-Adult Nursing Home Services

Appropriation (HB 119)

The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental retardation or developmental disabilities.

TOTAL STATE FUNDS

$2,383,863

$2,383,863

$2,383,863

$2,383,863

State General Funds

$2,383,863

$2,383,863

$2,383,863

$2,383,863

FRIDAY, APRIL 3, 2009

5699

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$9,012,772 $9,012,772 $9,012,772 $11,396,635

$9,012,772 $9,012,772 $9,012,772 $11,396,635

$9,012,772 $9,012,772 $9,012,772 $11,396,635

$9,012,772 $9,012,772 $9,012,772 $11,396,635

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 Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL PUBLIC FUNDS

$9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017

$9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017

$9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017

$9,420,763 $9,420,763 $9,733,254 $9,733,254 $19,154,017

180.1 Defer the FY09 cost of living adjustment.

State General Funds

($161,308)

($161,308)

($161,308)

($161,308)

180.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($579,546)

($522,666)

$0

$0

180.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,078

$1,078

$1,078

$1,078

180.4 Reduce funds from various contracts.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

180.5 Reduce funds from training and quality compliance audits.

State General Funds

($22,500)

($22,500)

($22,500)

($22,500)

180.6 Reduce funds from third party administrators providing non-medically necessary services to support maintenance of children in the community.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

180.7 Eliminate funds for parolee outpatient services.

State General Funds

($1,180,145) ($1,180,145) ($1,180,145) ($1,180,145)

180.8 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($921)

($921) $921
$0

($921) $921
$0

($921) $921
$0

5700

JOURNAL OF THE HOUSE

180.9 Reduce funds by suspending the planned expansion of clubhouse programs.

State General Funds

($3,273,822) ($3,273,822)

180.10 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($40,745)

($40,745)

180.11 Reduce funds from child and adolescent substance abuse core services.

State General Funds

($551,986)

($551,986)

($3,273,822) ($40,745) ($551,986)

($3,273,822) ($40,745) ($551,986)

180.100-Child and Adolescent Addictive Diseases Services

Appropriation (HB 119)

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

$2,510,868

$2,567,748

$3,090,414

$3,090,414

State General Funds

$2,510,868

$2,567,748

$3,090,414

$3,090,414

TOTAL FEDERAL FUNDS

$9,733,254

$9,734,175

$9,734,175

$9,734,175

Medical Assistance Program CFDA93.778

$921

$921

$921

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$9,733,254

$9,733,254

$9,733,254

$9,733,254

TOTAL PUBLIC FUNDS

$12,244,122 $12,301,923 $12,824,589 $12,824,589

Child and Adolescent Developmental Disabilities

Continuation Budget

The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents

with developmental disabilities.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$20,819,083 $20,819,083 $6,000,595
$157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

$20,819,083 $20,819,083 $6,000,595
$157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

$20,819,083 $20,819,083
$6,000,595 $157,113
$5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

$20,819,083 $20,819,083 $6,000,595
$157,113 $5,843,482 $3,722,681 $3,722,681 $3,722,681 $30,542,359

181.1 Defer the FY09 cost of living adjustment.

State General Funds

($139,370)

($139,370)

($139,370)

($139,370)

181.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($500,727)

($451,583)

$0

$0

FRIDAY, APRIL 3, 2009

5701

181.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$7,023

$7,023

$7,023

$7,023

181.4 Reduce funds by eliminating consumer family education sessions, training for court personnel, and the distribution of "best practice" information for use by Regional Board and Community Services Board membership.

State General Funds

($109,167)

($109,167)

($109,167)

($109,167)

181.5 Replace funds with new provider fees raised by the Department of Community Health to annualize the provider rate increase for waiver services. (Gov Rev, S, and CC:Reduce by $293,663 and do not annualize the provider rate increase for waiver services due to the revised revenue estimate change)

State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS

($146,832) $0
($146,832)

($146,832) $293,664 $146,832

($146,832) $0
($146,832)

($146,832) $0
($146,832)

181.6 Reduce and defer funds received in HB990 (FY09G) for the Marcus Institute.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($500,000) ($500,000) ($1,000,000)

$0

($250,000)

($200,000)

$0

$0

$0

$0

($250,000)

($200,000)

181.7 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($132,477)

($132,477) $132,477
$0

($132,477) $132,477
$0

($132,477) $132,477
$0

181.8 Reduce and defer funds received HB990 (FY09G) for the Matthew Reardon Center.

State General Funds

($200,000)

$0

($100,000)

($100,000)

181.9 Reduce funds received in HB990 (FY09G) for 135 slots for consumers on the Mental Retardation Waiver Program (MRWP) waiting list. (S and CC:Restore funds for slots and reflect increased FMAP rate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($572,638) ($1,061,136) ($1,633,774)

($572,638) ($1,061,136) ($1,633,774)

($161,254) $161,254
$0

($161,254) $161,254
$0

181.10 Increase funds to annualize the cost of 365 Mental Retardation Waiver Program slots for the Money Follows the Person program.

State General Funds

$514,079

$514,079

$514,079

$514,079

181.11 Increase funds for 150 Mental Retardation Waiver Program slots for the Money Follows the Person program.

State General Funds

$405,844

$405,844

$405,844

$405,844

181.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($222,502) ($2,071,860) ($2,071,860) ($2,071,860)

181.13 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

5702

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($11,120,791) $11,120,791
$0

($11,120,791) $11,120,791
$0

($11,120,791) $11,120,791
$0

($11,120,791) $11,120,791
$0

181.100-Child and Adolescent Developmental Disabilities

Appropriation (HB 119)

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

$8,101,525

$7,001,311

$7,514,278

$7,564,278

State General Funds

$8,101,525

$7,001,311

$7,514,278

$7,564,278

TOTAL FEDERAL FUNDS

$15,560,250 $16,192,727 $17,415,117 $17,415,117

Federal Funds Not Itemized

$157,113

$157,113

$157,113

$157,113

Medical Assistance Program CFDA93.778

$15,403,137 $16,035,614 $17,258,004 $17,258,004

TOTAL AGENCY FUNDS

$3,722,681

$4,016,345

$3,722,681

$3,722,681

Contributions, Donations, and Forfeitures

$3,722,681

$3,722,681

$3,722,681

$3,722,681

Contributions, Donations, and Forfeitures Not Itemized

$3,722,681

$3,722,681

$3,722,681

$3,722,681

Intergovernmental Transfers

$293,664

Provider Fee Transfers from Dept of Community Health

$293,664

TOTAL PUBLIC FUNDS

$27,384,456 $27,210,383 $28,652,076 $28,702,076

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

$3,103,859 $3,103,859 $3,103,859

$3,103,859 $3,103,859 $3,103,859

$3,103,859 $3,103,859 $3,103,859

$3,103,859 $3,103,859 $3,103,859

182.1 Defer the FY09 cost of living adjustment.

State General Funds

($22,687)

($22,687)

($22,687)

($22,687)

182.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($81,507)

($73,507)

$0

$0

182.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,158

$1,158

$1,158

$1,158

182.100-Child and Adolescent Forensic Services

Appropriation (HB 119)

FRIDAY, APRIL 3, 2009

5703

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

$3,000,823

$3,008,823

$3,082,330

$3,082,330

State General Funds

$3,000,823

$3,008,823

$3,082,330

$3,082,330

TOTAL PUBLIC FUNDS

$3,000,823

$3,008,823

$3,082,330

$3,082,330

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 Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010
TOTAL PUBLIC FUNDS

$90,721,809 $90,721,809 $8,677,415 $6,509,895
$162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

$90,721,809 $90,721,809 $8,677,415 $6,509,895
$162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

$90,721,809 $90,721,809
$8,677,415 $6,509,895
$162,485 $2,005,035 $51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

$90,721,809 $90,721,809 $8,677,415
$6,509,895 $162,485
$2,005,035 $51,196,318 $51,196,318 $51,196,318
$192,354 $82,003 $82,003 $110,351 $110,351
$150,787,896

183.1 Defer the FY09 cost of living adjustment.

State General Funds

($453,614)

($453,614)

($453,614)

($453,614)

183.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,629,738) ($1,469,786)

$0

$0

183.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$8,498

$8,498

$8,498

$8,498

183.4 Reduce funds and utilize agency funds for the transition of consumers from four state-operated community homes to the community.

State General Funds

($1,734,000) ($1,734,000) ($1,734,000) ($1,734,000)

183.5 Reduce funds from new provider training and quality compliance audits of Mental Health, Developmental Disabilities and Addictive Diseases (MHDDAD) providers.

5704

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($84,000) ($89,000) ($173,000)

($84,000) ($84,000) ($168,000)

($84,000) ($84,000) ($168,000)

($84,000) ($84,000) ($168,000)

183.6 Reduce funds by eliminating trauma training for clinicians and provider training on standards of practice and quality service delivery.

State General Funds

($44,315)

($44,315)

($44,315)

($44,315)

183.7 Reduce funds by cancelling the planned expansion of summer recreational programs for youth with serious emotional disturbances.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

183.8 Reduce funds from the United Way Regional Commission for mental health services.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

183.9 Reduce funds and eliminate the contract with a short-term residential community service provider in Rome that has not opened due to the inability to secure a psychiatrist.

State General Funds

($723,873)

($723,873)

($723,873)

($723,873)

183.10 Defer funds for projected Medicaid rate increases.

State General Funds

($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000)

183.11 Reduce funds from third party administrators providing non-medically necessary services to support maintenance of children in the community.

State General Funds

($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000)

183.12 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($168,379)

($168,379) $168,379
$0

($168,379) $168,379
$0

($168,379) $168,379
$0

183.13 Reduce funds from various contracts.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

183.14 Reduce funds from the contract with Behavioral Health Link (BHL) for the Georgia Crisis and Access Line.

State General Funds

($61,117)

($61,117)

($61,117)

($61,117)

183.15 Reduce funds and utilize agency funds for the transition of child and adolescent residential services.

State General Funds

($2,411,355) ($2,411,355) ($2,411,355) ($2,411,355)

183.16 Reduce funds designated for purchase vehicles.

State General Funds

($29,250)

($29,250)

($29,250)

($29,250)

183.17 Reduce funds and utilize agency funds for the transition of child and adolescent services in the Outdoor Therapeutic Program.

State General Funds

($4,004,336) ($4,004,336) ($4,004,336) ($4,004,336)

183.18 Reduce funds from new provider training and quality compliance audits.

FRIDAY, APRIL 3, 2009

5705

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($597,000) ($42,000) ($639,000)

($597,000) ($47,000) ($644,000)

($597,000) ($47,000) ($644,000)

($597,000) ($47,000) ($644,000)

183.19 Reduce funds to reflect the revised revenue estimate.

State General Funds

($751,317)

($751,317)

$0

$0

183.20 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($8,776,359) $8,776,359
$0

($8,776,359) $8,776,359
$0

($8,776,359) $8,776,359
$0

($8,776,359) $8,776,359
$0

183.21 Transfer funds from the Injury Prevention program for suicide prevention activities.

State General Funds

$200,000

$200,000

183.100-Child and Adolescent Mental Health Services

Appropriation (HB 119)

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

$62,136,654 $62,296,606 $64,717,709 $64,717,709

State General Funds

$62,136,654 $62,296,606 $64,717,709 $64,717,709

TOTAL FEDERAL FUNDS

$17,322,774 $17,491,153 $17,491,153 $17,491,153

Community Mental Health Services Block Grant CFDA93.958

$6,509,895

$6,509,895

$6,509,895

$6,509,895

Federal Funds Not Itemized

$162,485

$162,485

$162,485

$162,485

Medical Assistance Program CFDA93.778

$10,650,394 $10,818,773 $10,818,773 $10,818,773

TOTAL AGENCY FUNDS

$51,196,318 $51,196,318 $51,196,318 $51,196,318

Sales and Services

$51,196,318 $51,196,318 $51,196,318 $51,196,318

Sales and Services Not Itemized

$51,196,318 $51,196,318 $51,196,318 $51,196,318

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$192,354

$192,354

$192,354

$192,354

State Funds Transfers

$82,003

$82,003

$82,003

$82,003

Agency to Agency Contracts

$82,003

$82,003

$82,003

$82,003

Federal Funds Transfers

$110,351

$110,351

$110,351

$110,351

FF Grant to Local Educational Agencies CFDA84.010

$110,351

$110,351

$110,351

$110,351

TOTAL PUBLIC FUNDS

$130,848,100 $131,176,431 $133,597,534 $133,597,534

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
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668

$122,634,924 $122,634,924
$3,205,526 $3,205,526 $41,506,342
$266,668

5706

JOURNAL OF THE HOUSE

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

$266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326

$266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326

$266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326

$266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $172,502,326

188.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,205,756) ($2,205,756) ($2,205,756) ($2,205,756)

188.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($4,185,982) ($3,775,145)

$0

$0

188.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$245,011

$245,011

$245,011

$245,011

188.4 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($103,639)

($103,639) $103,639
$0

($103,639) $103,639
$0

($103,639) $103,639
$0

188.5 Reduce funds designated to purchase vehicles.

State General Funds

($135,164)

($135,164)

($135,164)

($135,164)

188.98

CC: The purpose of this appropriation is to operate seven state-owned and operated hospitals. No funds shall be used to privatize the state owned mental health hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities. Senate: The purpose of this appropriation is to operate seven state-owned and operated hospitals. Funds provided by this appropriation shall not be used to fund the privatization or transfer of services currently provided by a state-owned and operated hospital to a private vendor or vendors.

State General Funds

$0

$0

188.100-Direct Care and Support Services

Appropriation (HB 119)

The purpose of this appropriation is to operate seven state-owned and operated hospitals. No funds shall be used to privatize the state owned mental health

hospitals prior to the appointment of a director of the new Department of Behavioral Health and Developmental Disabilities.

FRIDAY, APRIL 3, 2009

5707

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

$116,249,394 $116,249,394
$3,205,526 $3,205,526
$41,506,342 $266,668 $266,668 $148,000 $148,000
$41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $166,116,796

$116,660,231 $116,660,231
$3,309,165 $3,205,526
$103,639 $41,506,342
$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $166,631,272

$120,435,376 $120,435,376
$3,309,165 $3,205,526
$103,639 $41,506,342
$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $170,406,417

$120,435,376 $120,435,376
$3,309,165 $3,205,526
$103,639 $41,506,342
$266,668 $266,668 $148,000 $148,000 $41,091,674 $41,091,674 $5,155,534 $5,155,534 $5,155,534 $170,406,417

Substance Abuse Prevention

Continuation Budget

The purpose of this appropriation is to promote the health and well-being of children, youth, families and communities through preventing the use and/or abuse

of alcohol, tobacco and drugs.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Prevention & Treatment of Substance Abuse Grant CFDA93.959
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

$1,238,772 $1,238,772 $22,893,046 $2,914,601 $19,978,445
$194,000 $194,000 $194,000 $24,325,818

209.1 Defer the FY09 cost of living adjustment.

State General Funds

($46,541)

($46,541)

($46,541)

($46,541)

209.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

$0

$0

$0

$0

209.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

5708

JOURNAL OF THE HOUSE

State General Funds 209.4 Reduce funds designated for the purchase of supplies and other expenses. State General Funds 209.5 Reduce funds by shifting nine positions to federal funds. State General Funds

$694 ($233,126) ($838,172)

$694 ($233,126) ($838,172)

$694 ($233,126) ($838,172)

$694 ($233,126) ($838,172)

209.100-Substance Abuse Prevention

Appropriation (HB 119)

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

$121,627

$121,627

$121,627

$121,627

State General Funds

$121,627

$121,627

$121,627

$121,627

TOTAL FEDERAL FUNDS

$22,893,046 $22,893,046 $22,893,046 $22,893,046

Federal Funds Not Itemized

$2,914,601

$2,914,601

$2,914,601

$2,914,601

Prevention & Treatment of Substance Abuse Grant CFDA93.959

$19,978,445 $19,978,445 $19,978,445 $19,978,445

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

$23,208,673 $23,208,673 $23,208,673 $23,208,673

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

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

$70,917 $70,917 $2,195,817 $2,195,817 $2,266,734

216.1 Defer the FY09 cost of living adjustment.

State General Funds

($10,655)

($10,655)

($10,655)

($10,655)

216.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,350)

($2,031)

$0

$0

216.3 Reduce funds from operations.

State General Funds

($3,698)

($3,698)

($3,698)

($3,698)

FRIDAY, APRIL 3, 2009

5709

216.4 Reduce funds to reflect the revised revenue estimate. State General Funds

($333)

($333)

($333)

($333)

216.100-Developmental Disabilities, Governor's Council on

Appropriation (HB 119)

The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families.

TOTAL STATE FUNDS

$53,881

$54,200

$56,231

State General Funds

$53,881

$54,200

$56,231

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

$2,249,698

$2,250,017

$2,252,048

$56,231 $56,231 $2,195,817 $2,195,817 $2,252,048

Sexual Offender Review Board

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$955,737 $955,737 $955,737

$955,737 $955,737 $955,737

$955,737 $955,737 $955,737

$955,737 $955,737 $955,737

218.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,538)

($1,538)

($1,538)

($1,538)

218.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($12,024)

($10,390)

$0

$0

218.3 Reduce funds from operations.

State General Funds

($38,980)

($38,980)

($38,980)

($38,980)

218.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($9,111)

($9,111)

($9,111)

($9,111)

218.100-Sexual Offender Review Board

Appropriation (HB 119)

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

$894,084

$895,718

$906,108

$906,108

State General Funds

$894,084

$895,718

$906,108

$906,108

TOTAL PUBLIC FUNDS

$894,084

$895,718

$906,108

$906,108

Departmental Administration-Behavioral Health

Continuation Budget

5710

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

$0

$0

502.1 Defer the FY09 cost of living adjustment for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

($300,289)

($300,289)

($300,289)

($300,289)

502.2 Defer structure adjustments to the statewide salary plan for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

($33,528)

($33,528)

($33,528)

($33,528)

502.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases)

State General Funds

($1,307,741) ($1,179,392)

$0

$0

502.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

$236,570

$236,570

$236,570

$236,570

502.5 Reduce funds by 6% for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

($1,369,146) ($1,369,146) ($1,369,146) ($1,369,146)

502.6 Reduce funds to reflect the revised revenue estimate for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

($300,009)

($300,009)

($300,009)

($300,009)

502.7 Reduce funds from the Office of Investigative Services and Inspector General.

State General Funds

($82,240)

$0

$0

502.8 Reduce merit system assessments from $147 to $137 per position for the Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

State General Funds

($33,915)

($33,915)

($33,915)

502.9 Increase funds for start-up costs for new information technology systems.

State General Funds

$1,000,000

$500,000

502.98 Transfer funds and activities related to the administration of Mental Health, Addictive Diseases, and Developmental Disabilities from the Departmental Administration program.

State General Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

$31,609,268 $30,363
$2,634,405 $2,915
$34,276,951

$31,609,268 $30,363
$2,634,405 $2,915
$34,276,951

$31,609,268 $30,363
$2,634,405 $2,915
$34,276,951

$31,609,268 $30,363
$2,634,405 $2,915
$34,276,951

FRIDAY, APRIL 3, 2009

5711

502.99

CC: The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. Senate: The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department.

State General Funds

$0

$0

502.100-Departmental Administration-Behavioral Health

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the

department.

TOTAL STATE FUNDS

$28,535,125 $28,547,319 $30,808,951 $30,308,951

State General Funds

$28,535,125 $28,547,319 $30,808,951 $30,308,951

TOTAL FEDERAL FUNDS

$2,664,768

$2,664,768

$2,664,768

$2,664,768

Federal Funds Not Itemized

$30,363

$30,363

$30,363

$30,363

Temporary Assistance for Needy Families

$2,634,405

$2,634,405

$2,634,405

$2,634,405

Temporary Assistance for Needy Families Grant CFDA93.558

$2,634,405

$2,634,405

$2,634,405

$2,634,405

TOTAL AGENCY FUNDS

$2,915

$2,915

$2,915

$2,915

Rebates, Refunds, and Reimbursements

$2,915

$2,915

$2,915

$2,915

Rebates, Refunds, and Reimbursements Not Itemized

$2,915

$2,915

$2,915

$2,915

TOTAL PUBLIC FUNDS

$31,202,808 $31,215,002 $33,476,634 $32,976,634

Section 16: Community Affairs, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Continuation

$100,549,877 $53,426,544 $47,123,333
$167,079,288 $166,979,288
$100,000 $14,398,524
$3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

$100,549,877 $53,426,544 $47,123,333
$167,079,288 $166,979,288
$100,000 $14,398,524 $3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

$100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288
$100,000 $14,398,524 $3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

$100,549,877 $53,426,544 $47,123,333 $167,079,288 $166,979,288
$100,000 $14,398,524
$3,475,083 $8,738,924
$546,221 $1,638,296 $282,027,689

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

Section Total - Final $35,565,622 $30,578,748 $35,565,622 $30,578,748 $167,079,288 $167,079,288

$27,787,832 $27,787,832 $166,979,288

$26,933,317 $26,933,317 $166,979,288

5712

JOURNAL OF THE HOUSE

Federal Funds Not Itemized Temporary Assistance for Needy Families TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services TOTAL PUBLIC FUNDS

$166,979,288 $100,000
$14,398,524 $3,475,083 $8,738,924
$546,221 $1,638,296 $217,043,434

$166,979,288 $100,000
$14,632,675 $3,475,083 $8,913,924
$546,221 $1,697,447 $212,290,711

$166,979,288
$11,812,848 $534,103
$9,035,077 $546,221
$1,697,447 $206,579,968

$166,979,288
$11,812,848 $534,103
$9,035,077 $546,221
$1,697,447 $205,725,453

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

$314,573 $314,573 $239,704 $239,704 $239,704 $554,277

$314,573 $314,573 $239,704 $239,704 $239,704 $554,277

$314,573 $314,573 $239,704 $239,704 $239,704 $554,277

$314,573 $314,573 $239,704 $239,704 $239,704 $554,277

50.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,428)

($3,428)

($3,428)

($3,428)

50.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($10,733)

($9,275)

$0

$0

50.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($220)

($220)

($220)

($220)

50.4 Reduce funds for one building consultant position and fund with existing agency funds.

State General Funds

($56,641)

($56,641)

($56,641)

($56,641)

50.5 Reduce funds from contracts for training on Georgia's construction codes for building inspectors and builders.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

50.99

CC: The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes; and to provide professional training to building inspectors and builders on Georgia's construction codes. Senate: The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to

FRIDAY, APRIL 3, 2009

5713

inspect factory built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes; and to provide professional training to building inspectors and builders on Georgia's construction codes.

State General Funds

$0

$0

50.100 -Building Construction

Appropriation (HB 119)

The purpose of this appropriation is to maintain up-to-date minimum building construction standards for all new structures built in the state; to inspect factory

built (modular) buildings to ensure Georgia's minimum construction codes are met; to review proposed enhancements to local government construction codes;

and to provide professional training to building inspectors and builders on Georgia's construction codes.

TOTAL STATE FUNDS

$213,551

$215,009

$224,284

$224,284

State General Funds

$213,551

$215,009

$224,284

$224,284

TOTAL AGENCY FUNDS

$239,704

$239,704

$239,704

$239,704

Sales and Services

$239,704

$239,704

$239,704

$239,704

Sales and Services Not Itemized

$239,704

$239,704

$239,704

$239,704

TOTAL PUBLIC FUNDS

$453,255

$454,713

$463,988

$463,988

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

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

$3,850,247 $3,850,247
$50,918 $50,918 $50,918 $3,901,165

51.1 Defer the FY09 cost of living adjustment.

State General Funds

($20,741)

($20,741)

($20,741)

($20,741)

51.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($64,254)

($55,525)

$0

$0

51.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($675)

($675)

($675)

($675)

51.4 Reduce funds from development and maintenance of the Georgia Comprehensive Plan Builder.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

5714

JOURNAL OF THE HOUSE

51.5 Reduce one-time funds received in HB990 (FY09G) for the implementation of the Coastal Comprehensive Plan.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

51.6 Reduce funds by eliminating two vacant planner positions.

State General Funds

($138,521)

($138,521)

($138,521)

($138,521)

51.7 Increase funds for the Regional Development Commission formula. (S:Provide funds to implement the provisions of OCGA 50-8-33 as provided by HB1216 (2008 Session))(CC:Increase funds for the Regional Commission formula to implement the provisions of OCGA 50-8-33 as provided by HB1216 (Act# 436 - 2008 Session))

State General Funds

$4,558,834

$4,558,834

$2,279,417

$1,200,000

51.8 Reduce funds from personnel.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

51.9 Reduce funds from operations.

State General Funds

($7,882)

($7,882)

($7,882)

($7,882)

51.10 Reduce funds from personnel and use fees received from local and state authorities for administering the Georgia Allocation System.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($59,151) $59,151
$0

($59,151) $59,151
$0

($59,151) $59,151
$0

51.99

CC: The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau. Senate: The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census Bureau.

State General Funds

$0

$0

51.100 -Coordinated Planning

Appropriation (HB 119)

The purpose of this appropriation is to ensure that county and city governments meet the requirements of the Georgia Planning Act of 1989 by establishing

standards and procedures for comprehensive plans and reviewing plans submitted by local governments; to provide training and assistance to local governments

in completing comprehensive plans for quality growth by offering mapping and Geographical Information System (GIS) services, online planning tools, and

resource teams, and funding the regional planning efforts of Regional Commissions; and to provide annexation reports from Georgia cities to the U.S. Census

Bureau.

TOTAL STATE FUNDS

$7,792,008

$7,741,586

$5,517,694

$4,438,277

State General Funds

$7,792,008

$7,741,586

$5,517,694

$4,438,277

FRIDAY, APRIL 3, 2009

5715

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$50,918 $50,918 $50,918 $7,842,926

$110,069 $110,069 $110,069 $7,851,655

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

$2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,571,760

$2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,571,760

$110,069 $110,069 $110,069 $5,627,763
$2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,571,760

$110,069 $110,069 $110,069 $4,548,346
$2,233,357 $2,233,357 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,571,760

52.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,441)

($17,441)

($17,441)

($17,441)

52.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($1,886)

($1,886)

($1,886)

($1,886)

52.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($60,713)

($52,465)

$0

$0

52.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($13,190)

($13,190)

($13,190)

($13,190)

52.5 Reduce funds from two positions and use fees received from local and state authorities for administering the Georgia Allocation System.

State General Funds

($95,500)

($95,500)

($95,500)

($95,500)

52.6 Reduce funds from operations.

State General Funds

($8,260)

($8,260)

($8,260)

($8,260)

52.7 Reduce funds from personnel.

5716

JOURNAL OF THE HOUSE

State General Funds 52.8 Reduce funds to reflect the revised revenue estimate. State General Funds 52.9 Reduce merit system assessments from $147 to $137 per position. State General Funds 52.10 Reduce funds from the Georgia Advocacy Office. State General Funds

($250,000) ($25,614)

($250,000) ($47,511)
($763)

($250,000) ($47,511)
($763) ($249,902)

52.100 -Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$1,760,753

$1,746,341

State General Funds

$1,760,753

$1,746,341

TOTAL FEDERAL FUNDS

$1,611,802

$1,611,802

Federal Funds Not Itemized

$1,611,802

$1,611,802

TOTAL AGENCY FUNDS

$1,726,601

$1,726,601

Reserved Fund Balances

$83,091

$83,091

Reserved Fund Balances Not Itemized

$83,091

$83,091

Intergovernmental Transfers

$1,371,273

$1,371,273

Intergovernmental Transfers Not Itemized

$1,371,273

$1,371,273

Sales and Services

$272,237

$272,237

Sales and Services Not Itemized

$272,237

$272,237

TOTAL PUBLIC FUNDS

$5,099,156

$5,084,744

$1,548,904 $1,548,904 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $4,887,307

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925

$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925

$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925

53.1 Defer the FY09 cost of living adjustment. State General Funds

($7,328)

($7,328)

($7,328)

($250,000)
($47,511)
($763)
$0
$1,798,806 $1,798,806 $1,611,802 $1,611,802 $1,726,601
$83,091 $83,091 $1,371,273 $1,371,273 $272,237 $272,237 $5,137,209
$1,058,445 $1,058,445
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,444,925
($7,328)

FRIDAY, APRIL 3, 2009

5717

53.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($34,430)

($29,753)

$0

$0

53.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($571)

($571)

($571)

($571)

53.4 Reduce funds by eliminating one vacant human services program auditor position.

State General Funds

($53,000)

($53,000)

($53,000)

($53,000)

53.5 Reduce funds from contracts for the litter initiative studies.

State General Funds

($56,000)

($56,000)

($56,000)

($56,000)

53.6 Reduce funds from operations.

State General Funds

($7,255)

($7,255)

($7,255)

($7,255)

53.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($12,907)

$0

$0

$0

53.8 Reduce funds from the litter clean-up and prevention program.

State General Funds

($100,000)

($100,000)

($100,000)

53.9 Reduce funds to reflect expected revenues. (CC:Reduce funds and reflect only new transfers from the Solid Waste Trust Fund to continue to fund solid waste planning and reduction initiatives)

Reserved Fund Balances Not Itemized

($2,940,980) ($2,940,980)

53.99

CC: The purpose of this appropriation is to oversee local government solid waste planning by developing planning standards, providing technical assistance in creating and updating local solid waste plans, and reviewing solid waste plans; and to provide technical assistance, resources, and tools to local governments for Keep Georgia Beautiful initiatives and public awareness on environmental and water conservation, litter abatement, recycling, and indoor air quality issues. Senate: The purpose of this appropriation is to oversee local government solid waste planning by developing planning standards, providing technical assistance in creating and updating local solid waste plans, and reviewing solid waste plans; and to provide technical assistance, resources, and tools to local governments for Keep Georgia Beautiful initiatives and public awareness on environmental and water conservation, litter abatement, recycling, and indoor air quality issues.

State General Funds

$0

$0

53.100 -Environmental Education and Assistance

Appropriation (HB 119)

The purpose of this appropriation is to oversee local government solid waste planning by developing planning standards, providing technical assistance in

creating and updating local solid waste plans, and reviewing solid waste plans; and to provide technical assistance, resources, and tools to local governments

for Keep Georgia Beautiful initiatives and public awareness on environmental and water conservation, litter abatement, recycling, and indoor air quality issues.

5718

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL PUBLIC FUNDS

$886,954 $886,954
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,273,434

$804,538 $804,538
$6,000 $6,000 $3,380,480 $3,380,480 $3,380,480 $4,191,018

$834,291 $834,291
$6,000 $6,000 $439,500 $439,500 $439,500 $1,279,791

$834,291 $834,291
$6,000 $6,000 $439,500 $439,500 $439,500 $1,279,791

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

$2,066,924 $2,066,924 $45,085,410 $45,085,410
$309,587 $243,318 $243,318
$66,269 $66,269 $47,461,921

$2,066,924 $2,066,924 $45,085,410 $45,085,410
$309,587 $243,318 $243,318
$66,269 $66,269 $47,461,921

$2,066,924 $2,066,924 $45,085,410 $45,085,410
$309,587 $243,318 $243,318
$66,269 $66,269 $47,461,921

$2,066,924 $2,066,924 $45,085,410 $45,085,410
$309,587 $243,318 $243,318 $66,269
$66,269 $47,461,921

54.1 Defer the FY09 cost of living adjustment.

State General Funds

($20,467)

($20,467)

($20,467)

($20,467)

54.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($37,815)

($32,678)

$0

$0

54.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($1,032)

($1,032)

($1,032)

($1,032)

54.4 Reduce funds by eliminating one vacant assistant commissioner position.

State General Funds

($167,971)

($167,971)

($167,971)

($167,971)

54.5 Reduce funds from personnel. (S and CC:Reduce funds from operations)

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

FRIDAY, APRIL 3, 2009

5719

54.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($100,000)

$0

$0

$0

54.7 Reduce funds from the Hands on Georgia Challenge grants.

State General Funds

($100,000)

($200,000)

($200,000)

54.99

CC: The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities. Senate: The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among local governments, development authorities, and private entities.

State General Funds

$0

$0

54.100 -Federal Community and Economic Development Programs

Appropriation (HB 119)

The purpose of this appropriation is to administer federal grant and loan programs to promote volunteerism and community and economic development among

local governments, development authorities, and private entities.

TOTAL STATE FUNDS

$1,699,639

$1,704,776

$1,637,454

$1,637,454

State General Funds

$1,699,639

$1,704,776

$1,637,454

$1,637,454

TOTAL FEDERAL FUNDS

$45,085,410 $45,085,410 $45,085,410 $45,085,410

Federal Funds Not Itemized

$45,085,410 $45,085,410 $45,085,410 $45,085,410

TOTAL AGENCY FUNDS

$309,587

$309,587

$309,587

$309,587

Intergovernmental Transfers

$243,318

$243,318

$243,318

$243,318

Intergovernmental Transfers Not Itemized

$243,318

$243,318

$243,318

$243,318

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

$47,094,636 $47,099,773 $47,032,451 $47,032,451

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0
$794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

$0
$794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

$0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

$0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991

5720

JOURNAL OF THE HOUSE

55.99

CC: The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a partnership with private providers. Senate: The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a partnership with private providers.

State General Funds

$0

$0

55.100 -Homeownership Programs

Appropriation (HB 119)

The purpose of this appropriation is to expand the supply of affordable housing through rehabilitation and construction financing, and to promote

homeownership for low and moderate income individuals by providing sustainable housing grants to local governments, administering mortgage and down

payment assistance programs for low and moderate income homebuyers, and offering homeownership counseling and home buyer education programs through a

partnership with private providers.

TOTAL FEDERAL FUNDS

$794,163

$794,163

$794,163

$794,163

Federal Funds Not Itemized

$794,163

$794,163

$794,163

$794,163

TOTAL AGENCY FUNDS

$3,837,828

$3,837,828

$3,837,828

$3,837,828

Intergovernmental Transfers

$3,837,828

$3,837,828

$3,837,828

$3,837,828

Intergovernmental Transfers Not Itemized

$3,837,828

$3,837,828

$3,837,828

$3,837,828

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

$6,000,000 $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

56.1 Eliminate one-time funds received in HB990 (FY09G) for Local Assistance Grants.

State General Funds

($6,000,000)

($6,000,000)

($6,000,000)

($6,000,000)

Regional Services

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS

$2,435,333 $2,435,333
$500,000

$2,435,333 $2,435,333
$500,000

$2,435,333 $2,435,333
$500,000

$2,435,333 $2,435,333
$500,000

FRIDAY, APRIL 3, 2009

5721

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$500,000 $500,000 $2,935,333

$500,000 $500,000 $2,935,333

$500,000 $500,000 $2,935,333

$500,000 $500,000 $2,935,333

57.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,999)

($17,999)

($17,999)

($17,999)

57.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($72,639)

($62,771)

$0

$0

57.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($631)

($631)

($631)

($631)

57.4 Reduce funds from grants for local governments through the Signature Communities program. (H and S:Reduce funds from grants for local governments through the Signature Communities and Communities of Opportunity programs and fund Communities of Opportunity grants through the OneGeorgia Authority)

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

($175,000)

($350,000) $175,000 ($175,000)

($350,000) $175,000 ($175,000)

($350,000) $175,000 ($175,000)

57.5 Reduce funds by eliminating one vacant resource coordinator position.

State General Funds

($38,495)

($38,495)

($38,495)

($38,495)

57.6 Reduce one-time funds received in HB990 (FY09G) for the Georgia Rural Water Association Fluoridation program. (S and CC:Transfer funds ($50,000) to Georgia Environmental Facilities Authority)

State General Funds

($100,000)

($50,000)

($100,000)

($100,000)

57.7 Reduce funds from contracts for leadership development.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

57.8 Reduce funds from operations.

State General Funds

($27,389)

($27,389)

($27,389)

($27,389)

57.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($28,370)

$0

$0

$0

57.10 Reduce funds and transfer two rural economic development positions to the OneGeorgia Authority.

State General Funds

($169,960)

($169,960)

57.99 CC: The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic

5722

JOURNAL OF THE HOUSE

development projects and services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments. Senate: The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments.

State General Funds

$0

$0

57.100 -Regional Services

Appropriation (HB 119)

The purpose of this appropriation is to promote access to Department services and assistance through a statewide network of regional representatives, to

provide technical assistance and grants to local communities to achieve goals relating to housing and community and economic development projects and

services that are in-line with the community's comprehensive plan, and to develop leadership infrastructure across local governments.

TOTAL STATE FUNDS

$1,949,810

$1,863,048

$1,705,859

$1,705,859

State General Funds

$1,949,810

$1,863,048

$1,705,859

$1,705,859

TOTAL AGENCY FUNDS

$500,000

$675,000

$675,000

$675,000

Intergovernmental Transfers

$500,000

$675,000

$675,000

$675,000

Intergovernmental Transfers Not Itemized

$500,000

$675,000

$675,000

$675,000

TOTAL PUBLIC FUNDS

$2,449,810

$2,538,048

$2,380,859

$2,380,859

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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

$3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

$3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

$3,287,829 $3,287,829 $118,208,730 $118,208,730 $3,067,096 $2,520,875 $2,520,875
$546,221 $546,221 $124,563,655

58.1 Reduce funds from the state match for the federal Affordable HOME program.

State General Funds

($322,452)

58.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($42,387)

($322,452) $0

($322,452) $0

($322,452) $0

FRIDAY, APRIL 3, 2009

5723

58.99

CC: 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, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market. Senate: 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, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market.

State General Funds

$0

$0

58.100 -Rental Housing Programs

Appropriation (HB 119)

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, by administering low-interest loans for affordable rental housing, by researching affordable housing issues, and by

providing tenant-based assistance to low income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental

market.

TOTAL STATE FUNDS

$2,922,990

$2,965,377

$2,965,377

$2,965,377

State General Funds

$2,922,990

$2,965,377

$2,965,377

$2,965,377

TOTAL FEDERAL FUNDS

$118,208,730 $118,208,730 $118,208,730 $118,208,730

Federal Funds Not Itemized

$118,208,730 $118,208,730 $118,208,730 $118,208,730

TOTAL AGENCY FUNDS

$3,067,096

$3,067,096

$3,067,096

$3,067,096

Intergovernmental Transfers

$2,520,875

$2,520,875

$2,520,875

$2,520,875

Intergovernmental Transfers Not Itemized

$2,520,875

$2,520,875

$2,520,875

$2,520,875

Rebates, Refunds, and Reimbursements

$546,221

$546,221

$546,221

$546,221

Rebates, Refunds, and Reimbursements Not Itemized

$546,221

$546,221

$546,221

$546,221

TOTAL PUBLIC FUNDS

$124,198,816 $124,241,203 $124,241,203 $124,241,203

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$629,847 $629,847
$24,163 $24,163 $24,163 $654,010

$629,847 $629,847
$24,163 $24,163 $24,163 $654,010

$629,847 $629,847
$24,163 $24,163 $24,163 $654,010

$629,847 $629,847
$24,163 $24,163 $24,163 $654,010

59.1 Defer the FY09 cost of living adjustment. State General Funds

($6,000)

($6,000)

($6,000)

($6,000)

5724

JOURNAL OF THE HOUSE

59.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($20,212)

($17,466)

$0

$0

59.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($282)

($282)

($282)

($282)

59.4 Reduce funds by eliminating temporary positions.

State General Funds

($17,500)

($17,500)

($17,500)

($17,500)

59.5 Reduce funds from contracts for data collection and database management.

State General Funds

($20,693)

($20,693)

($20,693)

($20,693)

59.6 Reduce funds from operations.

State General Funds

($24,000)

($24,000)

($24,000)

($24,000)

59.7 Reduce funds from one senior information specialist position and fund with other funds.

State General Funds

($76,003)

($76,003)

($76,003)

($76,003)

59.99

CC: The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with Georgia law. Senate: The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with Georgia law.

State General Funds

$0

$0

59.100 -Research and Surveys

Appropriation (HB 119)

The purpose of this appropriation is to conduct surveys and collect financial and management data from local governments and authorities in accordance with

Georgia law.

TOTAL STATE FUNDS

$465,157

$467,903

$485,369

$485,369

State General Funds

$465,157

$467,903

$485,369

$485,369

TOTAL AGENCY FUNDS

$24,163

$24,163

$24,163

$24,163

Sales and Services

$24,163

$24,163

$24,163

$24,163

Sales and Services Not Itemized

$24,163

$24,163

$24,163

$24,163

TOTAL PUBLIC FUNDS

$489,320

$492,066

$509,532

$509,532

Special Housing Initiatives

Continuation Budget

The purpose of this appropriation is to provide funds for Special Housing Initiatives.

TOTAL STATE FUNDS State General Funds

$3,632,892 $3,632,892

$3,632,892 $3,632,892

$3,632,892 $3,632,892

$3,632,892 $3,632,892

FRIDAY, APRIL 3, 2009

5725

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
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

$1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

$1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

$1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

$1,354,596 $1,254,596
$100,000 $100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $6,094,954

60.1 Reduce one-time funds received in HB990 (FY09G) for the State Housing Trust Fund for contract caseworkers to assist homeless families in achieving housing stability.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

60.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($47,640)

$0

$0

$0

60.3 Reduce funds.

Temporary Assistance for Needy Families Grant CFDA93.558

($100,000)

($100,000)

60.99

CC: The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an affordable housing plan; and to provide for other special housing initiatives. Senate: The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an affordable housing plan; and to provide for other special housing initiatives.

State General Funds

$0

$0

60.100 -Special Housing Initiatives

Appropriation (HB 119)

The purpose of this appropriation is to fund the State Housing Trust Fund; to provide grants for providers of shelter and services to the homeless; to administer

loans and grants for affordable housing; to offer local communities collaboration and technical assistance in the development and implementation of an

affordable housing plan; and to provide for other special housing initiatives.

TOTAL STATE FUNDS

$3,285,252

$3,332,892

$3,332,892

$3,332,892

State General Funds

$3,285,252

$3,332,892

$3,332,892

$3,332,892

TOTAL FEDERAL FUNDS

$1,354,596

$1,354,596

$1,254,596

$1,254,596

Federal Funds Not Itemized

$1,254,596

$1,254,596

$1,254,596

$1,254,596

Temporary Assistance for Needy Families

$100,000

$100,000

5726

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Grant CFDA93.558 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

$100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $5,747,314

$100,000 $1,107,466
$11,512 $11,512 $110,949 $110,949 $985,005 $985,005 $5,794,954

$1,107,466 $11,512 $11,512
$110,949 $110,949 $985,005 $985,005 $5,694,954

$1,107,466 $11,512 $11,512
$110,949 $110,949 $985,005 $985,005 $5,694,954

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

$2,395,728 $2,395,728
$5,000 $5,000 $2,400,728

61.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,999)

($11,999)

($11,999)

($11,999)

61.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($42,467)

($36,698)

$0

$0

61.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($845)

($845)

($845)

($845)

61.4 Reduce one-time funds received in HB990 (FY09G) for an Emergency Operations Center Facility in Fayette County.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

61.5 Reduce one-time funds received in HB990 (FY09G) for the construction of an Americans with Disabilities Act (ADA) compliant regional athletic facility in Hall County.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

61.6 Reduce one-time funds received in HB990 (FY09G) for the City of Porterdale Community Center Gymnasium reconstruction.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

61.7 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Tift County Multipurpose Livestock Building.

FRIDAY, APRIL 3, 2009

5727

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

61.8 Reduce one-time funds received in HB990 (FY09G) to renovate and expand the Jeff Davis County Multipurpose Livestock Building.

State General Funds

($175,000)

($175,000)

($175,000)

($175,000)

61.9 Reduce funds from the Rural Development Council. (S and CC:Reduce funds and fund through the OneGeorgia Authority)

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

($20,000)

$0

($121,153)

($121,153)

$121,153

$121,153

$0

$0

61.10 Increase funds for operations. (S and CC:Reduce funds)

State General Funds

$49,552

($60,352)

($60,352)

61.99

CC: The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to champion new development opportunities for rural Georgia. Senate: The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to champion new development opportunities for rural Georgia through the Rural Development Council.

State General Funds

$0

$0

61.100 -State Community Development Programs

Appropriation (HB 119)

The purpose of this appropriation is to assist Georgia cities, small towns, and neighborhoods in the development of their core commercial areas and to

champion new development opportunities for rural Georgia.

TOTAL STATE FUNDS

$1,320,417

$1,395,738

$1,201,379

$1,201,379

State General Funds

$1,320,417

$1,395,738

$1,201,379

$1,201,379

TOTAL FEDERAL FUNDS

$5,000

$5,000

$5,000

$5,000

Federal Funds Not Itemized

$5,000

$5,000

$5,000

$5,000

TOTAL AGENCY FUNDS

$121,153

$121,153

Intergovernmental Transfers

$121,153

$121,153

Intergovernmental Transfers Not Itemized

$121,153

$121,153

TOTAL PUBLIC FUNDS

$1,325,417

$1,400,738

$1,327,532

$1,327,532

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

$8,939,055 $8,939,055
$13,587 $13,587 $154,681 $154,681

$8,939,055 $8,939,055
$13,587 $13,587 $154,681 $154,681

$8,939,055 $8,939,055
$13,587 $13,587 $154,681 $154,681

$8,939,055 $8,939,055
$13,587 $13,587 $154,681 $154,681

5728

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$154,681 $9,107,323

$154,681 $9,107,323

$154,681 $9,107,323

$154,681 $9,107,323

62.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,063)

($1,063)

($1,063)

($1,063)

62.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,579)

($2,229)

$0

$0

62.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($354)

($354)

($354)

($354)

62.4 Eliminate funds from the Georgia Cities program due to the fulfillment of the state's commitment to provide a dollar for dollar match with a private foundation.

State General Funds

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

62.5 Reduce funds from the Life Sciences Facilities Fund (LSFF). (S and CC:Eliminate the LSFF and transfer remaining reserves to the Regional Economic Business Assistance program)

State General Funds

($4,403,282) ($4,403,282) ($4,403,282) ($4,403,282)

62.6 Transfer funds from the Department of Economic Development for the Appalachian Community Enterprise contract for micro-enterprise loans.

State General Funds

$75,000

$75,000

$75,000

$75,000

62.99

CC: The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and promote economic development and job creation. Senate: The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and promote economic development and job creation.

State General Funds

$0

$0

62.100 -State Economic Development Program

Appropriation (HB 119)

The purpose of this appropriation is to provide grants and loans to local governments and businesses and to leverage private investment in order to attract and

promote economic development and job creation.

TOTAL STATE FUNDS

$3,106,777

$3,107,127

$3,109,356

$3,109,356

State General Funds

$3,106,777

$3,107,127

$3,109,356

$3,109,356

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

FRIDAY, APRIL 3, 2009

5729

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$154,681 $3,275,045

$154,681 $3,275,395

$154,681 $3,277,624

Payments to Georgia Environmental Facilities Authority

Continuation Budget

The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$11,725,014 $11,725,014 $11,725,014

$11,725,014 $11,725,014 $11,725,014

$11,725,014 $11,725,014 $11,725,014

$154,681 $3,277,624
$11,725,014 $11,725,014 $11,725,014

63.1 Reduce funds from the Land Conservation program and fund only local Land Conservation grants. (H and S:Reduce funds from the Land Conservation program)

State General Funds

($5,000,000) ($10,000,000) ($10,000,000) ($10,000,000)

63.2 Reduce funds from water and sewer infrastructure grants.

State General Funds

($350,000)

($350,000)

($350,000)

($350,000)

63.3 Reduce funds from the Georgia Rural Water Association. (S and CC:Transfer funds ($50,000) from the Department of Community Affairs for the Georgia Rural Water Association Fluoridation program)

State General Funds

($100,000)

($50,000)

$0

($25,000)

63.4 Reduce funds from the State Energy and Utilities program.

State General Funds

($253,001)

($253,001)

($453,001)

($453,001)

63.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($14,818)

($12,804)

$0

$0

63.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($60,220)

($60,220)

($60,220)

($60,220)

63.7 Reflect HB473 and establish a Clean Energy Grant program for renewable energy and energy efficiency to be administered by GEFA subject to federal funds availability. (CC:YES)

State General Funds

$0

63.100 -Payments to Georgia Environmental Facilities Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects.

TOTAL STATE FUNDS

$5,946,975

$998,989

$861,793

State General Funds

$5,946,975

$998,989

$861,793

TOTAL PUBLIC FUNDS

$5,946,975

$998,989

$861,793

$836,793 $836,793 $836,793

5730

JOURNAL OF THE HOUSE

Payments to Georgia Regional Transportation Authority

Continuation Budget

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$4,857,300 $4,857,300 $4,857,300

$4,857,300 $4,857,300 $4,857,300

$4,857,300 $4,857,300 $4,857,300

$4,857,300 $4,857,300 $4,857,300

64.1 Defer the FY09 cost of living adjustment.

State General Funds

($52,736)

($52,736)

($52,736)

($52,736)

64.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($147,841)

($127,756)

$0

$0

64.3 Reduce funds from operations and utilize existing funds.

State General Funds

($398,517)

($398,517)

($398,517)

($398,517)

64.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($42,867)

($42,867)

($42,867)

($42,867)

64.99

CC: The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact. Senate: The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact.

State General Funds

$0

$0

64.100 -Payments to Georgia Regional Transportation Authority

Appropriation (HB 119)

The purpose of this appropriation is to improve Georgia's mobility, air quality, and land use practices by operating the Xpress bus service, conducting

transportation improvement studies, producing an annual Air Quality Report, and reviewing Developments of Regional Impact.

TOTAL STATE FUNDS

$4,215,339

$4,235,424

$4,363,180

$4,363,180

State General Funds

$4,215,339

$4,235,424

$4,363,180

$4,363,180

TOTAL PUBLIC FUNDS

$4,215,339

$4,235,424

$4,363,180

$4,363,180

Payments to OneGeorgia Authority

Continuation Budget

The purpose of this appropriation is to provide funds for the OneGeorgia Authority.

TOTAL STATE FUNDS State General Funds

$47,123,333 $47,123,333

$47,123,333 $0

$47,123,333 $0

FRIDAY, APRIL 3, 2009

5731

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

65.1 Reduce funds from grant programs and utilize existing agency funds.

Tobacco Settlement Funds

($47,123,333) ($47,123,333) ($47,123,333) ($47,123,333)

65.2 Transfer funds for implementation grants for the Communities of Opportunity program to the Department of Community Affairs using existing funds. (S:YES)(CC:YES)

Tobacco Settlement Funds

$0

$0

65.3 Transfer two rural economic development positions from the Department of Community Affairs and fund with existing funds. (S:YES)(CC:YES)

Tobacco Settlement Funds

$0

$0

65.4 Transfer funds for the Rural Development Council to the Department of Community Affairs using existing funds. (S:YES)(CC:YES)

Tobacco Settlement Funds

$0

$0

Section 17: Community Health, Department of
TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund
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 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$2,708,239,139 $2,708,239,139 $2,708,239,139 $2,708,239,139

$2,632,890,676 $2,632,890,676 $2,632,890,676 $2,632,890,676

$73,379,470 $73,379,470 $73,379,470 $73,379,470

$1,968,993

$1,968,993

$1,968,993

$1,968,993

$6,030,105,522 $6,030,105,522 $6,030,105,522 $6,030,105,522

$414,745,937 $414,745,937 $414,745,937 $414,745,937

$20,986,057 $20,986,057 $20,986,057 $20,986,057

$5,249,000,091 $5,249,000,091 $5,249,000,091 $5,249,000,091

$4,172,891

$4,172,891

$4,172,891

$4,172,891

$318,000,546 $318,000,546 $318,000,546 $318,000,546

$23,200,000 $23,200,000 $23,200,000 $23,200,000

$453,269,735 $453,269,735 $453,269,735 $453,269,735

$375,387

$375,387

$375,387

$375,387

$235,246,152 $235,246,152 $235,246,152 $235,246,152

$214,057,828 $214,057,828 $214,057,828 $214,057,828

$3,590,368

$3,590,368

$3,590,368

$3,590,368

$2,977,691,948 $2,977,691,948 $2,977,691,948 $2,977,691,948

$2,977,621,260 $2,977,621,260 $2,977,621,260 $2,977,621,260

$70,688

$70,688

$70,688

$70,688

$12,169,306,344 $12,169,306,344 $12,169,306,344 $12,169,306,344

Section Total - Final

5732

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain and Spinal Injury Trust Fund Nursing Home Provider Fees Care Management Organization Fees
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 State Children's Insurance Program CFDA93.767 Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Federal Funds Transfers
TOTAL PUBLIC FUNDS

$2,180,780,896 $2,161,699,892 $2,287,935,376 $2,288,391,753

$1,901,726,968 $1,882,645,964 $1,843,827,608 $1,844,283,985

$276,987,539 $276,987,539 $276,987,539 $276,987,539

$2,066,389

$2,066,389

$2,066,389

$2,066,389

$122,528,939 $122,528,939

$42,524,901 $42,524,901

$6,244,570,713 $6,838,326,460 $6,669,677,670 $6,667,201,582

$421,666,635 $421,666,635 $423,163,478 $423,163,478

$20,366,584 $20,366,584 $20,366,584 $20,366,584

$5,509,384,584 $6,054,049,800 $5,892,925,554 $5,890,449,466

$4,203,961

$4,203,961

$4,203,961

$4,203,961

$277,670,029 $318,396,794 $312,625,625 $312,625,625

$11,278,920 $19,642,686 $16,392,468 $16,392,468

$219,230,594 $219,230,594 $230,794,289 $399,414,387

$375,387

$375,387

$375,387

$375,387

$168,620,098

$214,057,828 $214,057,828 $214,057,828 $214,057,828

$4,797,379

$4,797,379

$4,797,379

$4,797,379

$11,563,695 $11,563,695

$3,079,968,099 $3,114,011,871 $2,945,725,762 $2,945,615,448

$3,079,897,411 $3,113,941,183 $2,945,655,074 $2,945,544,760

$70,688

$70,688

$70,688

$70,688

$11,724,550,302 $12,333,268,817 $12,134,133,097 $12,300,623,170

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

$2,394,849 $2,394,849 $2,394,849

$2,394,849 $2,394,849 $2,394,849

$2,394,849 $2,394,849 $2,394,849

$2,394,849 $2,394,849 $2,394,849

66.1 Defer the FY09 cost of living adjustment.

State General Funds

($25,270)

($25,270)

($25,270)

($25,270)

66.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($282)

($282)

($282)

($282)

66.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

FRIDAY, APRIL 3, 2009

5733

State General Funds

($78,012)

($67,413)

$0

$0

66.4 Reduce funds by eliminating one medical board agent position and one applications specialist position.

State General Funds

($102,461)

($102,461)

($102,461)

($102,461)

66.5 Reduce funds from case reviews and medical peer reviews.

State General Funds

($84,000)

($84,000)

($84,000)

($84,000)

66.6 Reduce funds from hearing-related expenses.

State General Funds

($44,471)

($44,471)

($44,471)

($44,471)

66.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($20,784)

($20,784)

($20,784)

($20,784)

66.99

CC: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. The purpose of this appropriation is also to investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. Senate: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. The purpose of this appropriation is also to investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees.

State General Funds

$0

$0

66.100 -Composite Board of Medical Examiners

Appropriation (HB 119)

The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, respiratory care professionals, perfusionists,

acupuncturists, orthotists, prosthetists, and auricular (ear) detoxification specialists. The purpose of this appropriation is also to investigate complaints and

discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees.

TOTAL STATE FUNDS

$2,039,569

$2,050,168

$2,117,581

$2,117,581

State General Funds

$2,039,569

$2,050,168

$2,117,581

$2,117,581

TOTAL PUBLIC FUNDS

$2,039,569

$2,050,168

$2,117,581

$2,117,581

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 Sales and Services

$106,922,412 $106,922,412 $302,341,919 $279,187,884
$23,154,035 $232,160 $232,160

$106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035
$232,160 $232,160

$106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035
$232,160 $232,160

$106,922,412 $106,922,412 $302,341,919 $279,187,884 $23,154,035
$232,160 $232,160

5734

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973

$232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973

$232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973

$232,160 $22,313,482 $22,313,482 $22,313,482 $431,809,973

67.1 Defer the FY09 cost of living adjustment.

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

($219,490) ($197,775) ($87,814) ($505,079)

($219,490) ($197,775) ($87,814) ($505,079)

($219,490) ($197,775) ($87,814) ($505,079)

($219,490) ($197,775) ($87,814) ($505,079)

67.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds Medical Assistance Program CFDA93.778 Health Insurance Payments TOTAL PUBLIC FUNDS

($503,785)

($435,342)

$0

$0

($513,409)

($513,409)

$0

$0

($223,675)

($223,675)

$0

$0

($1,240,869) ($1,172,426)

$0

$0

67.3 Defer funds for structure adjustments to the statewide salary plan.

State General Funds

($4,921)

($4,921)

($4,921)

($4,921)

67.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($179,962)

($179,962)

($179,962)

($179,962)

67.5 Reduce funds from under-utilized contracts.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($11,159,425) ($16,805,062) ($27,964,487)

($11,159,425) ($16,805,062) ($27,964,487)

($11,159,425) ($16,805,062) ($27,964,487)

($11,159,425) ($16,805,062) ($27,964,487)

67.6 Reduce funds by maintaining vacant positions.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,064,215) ($1,064,215) ($2,128,430)

($1,064,215) ($1,064,215) ($2,128,430)

($1,064,215) ($1,064,215) ($2,128,430)

($1,064,215) ($1,064,215) ($2,128,430)

67.7 Reduce funds from operations.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,389,179) ($1,389,180) ($2,778,359)

($1,389,179) ($1,389,180) ($2,778,359)

($1,389,179) ($1,389,180) ($2,778,359)

($1,389,179) ($1,389,180) ($2,778,359)

FRIDAY, APRIL 3, 2009

5735

67.8 Reduce funds from the Health Information Exchange (HIE) pilot projects.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

67.9 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($1,103)

($1,103)

($1,103)

67.10 Increase funds for the application of a family planning waiver to provide family planning services to women at the same eligibility level (200% of the federal poverty level) as current pregnancy services are provided.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$25,000 $25,000 $50,000

$25,000 $25,000 $50,000

$25,000 $25,000 $50,000

67.11 Evaluate the cost effectiveness of the new Medicaid Management Information System (MMIS) contract. (S:YES)

State General Funds

$0

$0

67.96 Transfer funds and activities to create a Public Health Administration subprogram.

State General Funds Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$18,917,758 $2,766,264
$31,070 $1,182,023 $1,134,462 $24,031,577

67.97 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources (DHR) per SB433 (2008 Session).

State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$378,066 $193,142 $176,125 $747,333

$378,066 $193,142 $176,125 $747,333

$378,066 $193,142 $176,125 $747,333

$378,066 $193,142 $176,125 $747,333

67.98 Transfer funds for additional administrative overhead for the Office of Regulatory Services from the Department of Human Resources.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$107,129 $55,538
$162,667

$107,129 $55,538
$162,667

67.100 -Departmental Administration and Program Support

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to all departmental programs.

TOTAL STATE FUNDS

$91,779,501 $91,871,841 $92,414,312

State General Funds

$91,779,501 $91,871,841 $92,414,312

TOTAL FEDERAL FUNDS

$282,741,545 $282,766,545 $283,335,492

Federal Funds Not Itemized

$193,142

$193,142

$248,680

Medical Assistance Program CFDA93.778

$259,394,368 $259,419,368 $259,932,777

Preventive Health & Health Services Block Grant CFDA93.991

State Children's Insurance Program CFDA93.767

$23,154,035 $23,154,035 $23,154,035

$111,332,070 $111,332,070 $287,314,849
$3,014,944 $259,932,777
$31,070 $23,154,035

5736

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$232,160 $232,160 $232,160 $22,001,993 $22,001,993 $22,001,993 $396,755,199

$232,160 $232,160 $232,160 $22,001,993 $22,001,993 $22,001,993 $396,872,539

$232,160 $232,160 $232,160 $22,225,668 $22,225,668 $22,225,668 $398,207,632

$1,182,023 $1,182,023 $1,366,622 $1,366,622 $1,366,622 $22,225,668 $22,225,668 $22,225,668 $422,239,209

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

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

$25,584,060 $14,984,060 $10,600,000
$588,838 $588,838 $100,000 $100,000 $100,000 $26,272,898

68.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,488)

($6,488)

($6,488)

($6,488)

68.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($199,874)

($172,720)

$0

$0

($234,635)

($202,758)

$0

$0

($434,509)

($375,478)

$0

$0

68.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($361)

($361)

($361)

($361)

68.4 Reduce funds received in HB990 (FY09G) and defer the contracts with the Georgia Association of Primary Health Care. (H:Provide funding for the expansion of the Federally Qualified Community Health Centers (FQHCs))(S and CC:Increase funds for four "new start" FQHC sites and for Behavioral Health integration at four existing FQHCs with priority given to those sites that are most ready as designated by the Georgia Association of Primary Health Care)

FRIDAY, APRIL 3, 2009

5737

State General Funds

($2,000,000)

$0

$0

$0

68.5 Reduce funds received in HB990 (FY09G) and defer the implementation of the Wellness Incentive Pilot program.

State General Funds

($150,000)

($150,000)

($150,000)

($150,000)

68.6 Reduce funds received in HB990 (FY09G) and defer the implementation of the Safety Net Clinics.

State General Funds

($950,000)

($950,000)

($950,000)

($950,000)

68.7 Reduce funds from the Office of Rural Health Community Service grants. (H and S:Eliminate matching funds for competitive grants to local communities for alternative approaches to healthcare delivery)

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

68.8 Eliminate funds received in HB990 (FY09G) to operate the Georgia Health Marketplace Authority, the Georgia Health Marketing Fund, and to design the Marketplace website.

State General Funds

($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000)

68.9 Reduce funds received in HB990 (FY09G) and defer the Southeastern Firefighter's Burn Foundation grant. (H and S:Provide $250,000 to the Southeastern Firefighter's Burn Foundation)

State General Funds

($500,000)

($250,000)

($250,000)

($250,000)

68.10 Reduce funds to reflect completion of the four-year commitment to support Hughes Spalding Children's Hospital.

State General Funds

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

68.11 Reduce funds received in HB990 (FY09G) and defer the Rural Health Initiative.

Tobacco Settlement Funds

($10,600,000) ($10,600,000) ($10,600,000) ($10,600,000)

68.98 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources per SB433 (2008 Session). (S and C:Transfer funds and activities to the new Planning and Regulatory Services program)

State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$5,613,279

$5,613,279

$0

$0

$4,080,600

$4,080,600

$0

$0

$2,939,995

$2,939,995

$0

$0

$72,549

$72,549

$0

$0

$12,706,423 $12,706,423

$0

$0

68.99

CC: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. Senate: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency.

State General Funds 68.100 -Health Care Access and Improvement

$0

$0

Appropriation (HB 119)

5738

JOURNAL OF THE HOUSE

The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and

underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health

Information Technology and Transparency.

TOTAL STATE FUNDS

$12,790,616 $15,067,770

$9,627,211

$9,627,211

State General Funds

$12,790,616 $15,067,770

$9,627,211

$9,627,211

TOTAL FEDERAL FUNDS

$7,374,798

$7,406,675

$588,838

$588,838

Federal Funds Not Itemized

$4,080,600

$4,080,600

Medical Assistance Program CFDA93.778

$3,294,198

$3,326,075

$588,838

$588,838

TOTAL AGENCY FUNDS

$172,549

$172,549

$100,000

$100,000

Sales and Services

$172,549

$172,549

$100,000

$100,000

Sales and Services Not Itemized

$172,549

$172,549

$100,000

$100,000

TOTAL PUBLIC FUNDS

$20,337,963 $22,646,994 $10,316,049 $10,316,049

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

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

$0 $0 $257,075,969 $257,075,969 $141,586,524 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $398,662,493

69.1 Increase funds for the Georgia Trauma Network Commission (GTNC) administered by the Department of Human Resources by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce by $37,000,000 due to the revised revenue estimate)

State General Funds

$0

$0

$0

$0

69.2 Increase funds for the Disproportionate Share Hospital (DSH) payments for private deemed and non-deemed hospitals by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce by $13,713,384 due to the revised revenue estimate)

State General Funds

$0

$0

$0

$0

69.3 Transfer prior year reserves to the Medicaid: Low-Income Medicaid program.

Hospital Authorities Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

($2,700,000)

($2,700,000)

$0 ($2,700,000) ($2,700,000)

$0 ($2,700,000) ($2,700,000)

69.4 Increase funds to recognize Certificate of Need penalties and interest per OCGA 31-8-153.1.

Sanctions, Fines, and Penalties Not Itemized

$11,563,695 $11,563,695

FRIDAY, APRIL 3, 2009

5739

69.100 -Indigent Care Trust Fund

Appropriation (HB 119)

The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians.

TOTAL FEDERAL FUNDS

$257,075,969 $257,075,969 $257,075,969 $257,075,969

Medical Assistance Program CFDA93.778

$257,075,969 $257,075,969 $257,075,969 $257,075,969

TOTAL AGENCY FUNDS

$138,886,524 $138,886,524 $150,450,219 $150,450,219

Intergovernmental Transfers

$136,686,524 $136,686,524 $139,386,524 $139,386,524

Hospital Authorities

$136,686,524 $136,686,524 $139,386,524 $139,386,524

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

Sanctions, Fines, and Penalties

$8,863,695

$8,863,695

Sanctions, Fines, and Penalties Not Itemized

$8,863,695

$8,863,695

TOTAL PUBLIC FUNDS

$395,962,493 $395,962,493 $407,526,188 $407,526,188

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

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988
$267,288,632 $267,288,632 $267,288,632 $3,998,933,946

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988
$267,288,632 $267,288,632 $267,288,632 $3,998,933,946

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988
$267,288,632 $267,288,632 $267,288,632 $3,998,933,946

$1,138,859,171 $1,138,859,171 $2,466,570,737 $2,466,570,737
$126,215,406 $63,872,418 $63,872,418 $62,342,988 $62,342,988
$267,288,632 $267,288,632 $267,288,632 $3,998,933,946

70.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse providers of durable medical equipment.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,066,339) ($1,984,703) ($3,051,042)

($1,066,339) ($1,984,703) ($3,051,042)

($1,066,339) ($1,984,703) ($3,051,042)

70.2 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($3,886,521) ($7,233,711) ($11,120,232)

($3,886,521) ($7,233,711) ($11,120,232)

($3,886,521) ($7,233,711) ($11,120,232)

70.3 Increase funds for 100 Independent Care Waiver Program (ICWP) slots for the Money Follows the Person (MFP) grant.

($1,066,339) ($1,984,703) ($3,051,042)
($3,886,521) ($7,233,711) ($11,120,232)

5740

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,572,750 $2,914,091 $4,486,841

$1,572,750 $2,914,091 $4,486,841

$1,572,750 $2,914,091 $4,486,841

$1,572,750 $2,914,091 $4,486,841

70.4 Reduce funds due to savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,558,761) ($2,888,171) ($4,446,932)

($1,599,346) ($3,008,766) ($4,608,112)

($1,599,346) ($3,008,766) ($4,608,112)

($1,599,346) ($3,008,766) ($4,608,112)

70.5 Increase funds for benefits growth.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$9,896,470 $18,378,248 $28,274,718

$9,896,470 $18,378,248 $28,274,718

$9,896,470 $18,378,248 $28,274,718

$9,896,470 $18,378,248 $28,274,718

70.6 Increase funds to reflect loss of prior year reserves.

State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

$63,872,418 ($63,872,418)
$0

$63,872,418 ($63,872,418)
$0

$63,872,418 ($63,872,418)
$0

$63,872,418 ($63,872,418)
$0

70.7 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($4,865,799) ($9,015,662) ($13,881,461)

($4,865,799) ($9,015,662) ($13,881,461)

($4,865,799) ($9,015,662) ($13,881,461)

($4,865,799) ($9,015,662) ($13,881,461)

70.8 Reduce funds received in HB990 (FY09G) for provider rate increases. (H:Delay the FY09 provider rate increases)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($35,083,373) ($35,083,373) ($35,083,373) ($35,083,373) ($65,004,703) ($65,004,703) ($65,004,703) ($65,004,703) ($100,088,076) ($100,088,076) ($100,088,076) ($100,088,076)

70.9 Reduce funds by recognizing additional savings from fraud and abuse recoveries. (S and CC:Reflect additional savings per SB165 (2009 Session))

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,597,692) ($2,960,305) ($4,557,997)

($1,597,692) ($2,960,305) ($4,557,997)

($8,699,147) ($16,118,324) ($24,817,471)

($8,699,147) ($16,118,324) ($24,817,471)

70.10 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $20,399,713 and Total Funds by $58,197,598 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

70.11 Increase funds to implement the HB990 (FY09G) rate increases for waiver service providers in both the Mental Retardation Waiver Program (MRWP) and the Community Care Service Program (CCSP) administered by the Department of Human Resources by recognizing new hospital and managed

FRIDAY, APRIL 3, 2009

5741

care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $3,077,675 and Total Funds by $8,780,187 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

70.12

Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($4,541,253), ambulance ($1,859,804), home health ($1,508,673), Healthcheck ($24,246), digital mammography ($150,686), global maternity ($579,701), and personal support services in the Independent Care Waiver Program (ICWP) ($354,680). (Gov Rev, H, and S:Reduce State General Funds by $9,019,044 and Total Funds by $25,730,103 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

70.13

Increase funds by recognizing new hospital and managed care provider fees to implement the following nursing home increases: Fair rental value ($7,000,000), nursing home cost report updates ($6,207,000), and for the nursing home quality incentive program ($1,793,000). (Gov Rev, H, and S:Reduce State General Funds by $15,000,000 and Total Funds by $42,792,953 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

70.14 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10. (Gov Rev:Reflect FMAP adjustments in line 70.15)

Medical Assistance Program CFDA93.778

$0 $104,411,891 $104,411,891 $104,411,891

70.15 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($392,816,908) ($321,822,678) ($237,173,527) ($237,173,527)

$366,923,626 $321,822,678 $237,173,527 $237,173,527

($25,893,282)

$0

$0

$0

70.16 Reduce funds for payments to inpatient and outpatient hospital providers by 10%.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($31,613,233)

$0

$0

$0

($58,575,007)

$0

$0

$0

($90,188,240)

$0

$0

$0

70.17

Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, MRWP, Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management.

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State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($37,176,548)

$0

$0

$0

($68,883,071)

$0

$0

$0

($106,059,619)

$0

$0

$0

70.18 Increase funds for fair rental value ($7,000,000) and quality incentive program ($1,793,000) for nursing homes. (S:Increase funds for fair rental value)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$8,793,000 $26,127,571 $34,920,571

$9,393,000 $28,603,659 $37,996,659

$8,793,000 $26,127,571 $34,920,571

70.19 Reduce funds to realign Medicaid benefit expenditures.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($98,579,412) ($98,579,412) ($98,579,412) ($119,654,200) ($119,654,200) ($119,654,200) ($218,233,612) ($218,233,612) ($218,233,612)

70.20 Reduce funds to reflect savings from relocating 10% of long stay ventilator patients out of acute care settings and into skilled nursing facilities.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($3,800,000) ($7,040,881) ($10,840,881)

($3,800,000) ($7,040,881) ($10,840,881)

70.21 Transfer funds from the Nursing Home Provider Fees program to reflect where expenditures actually occur and recognize Nursing Home Provider Fees as a state fund source.

Nursing Home Provider Fees Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$122,528,939 $218,425,317 $340,954,256

$122,528,939 $218,425,317 $340,954,256

70.99 CC: The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. There is also 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.

State General Funds

$0

70.100 -Medicaid: Aged, Blind, and Disabled

Appropriation (HB 119)

The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. There is also 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

$704,535,635 $754,492,649 $951,369,284 $950,769,284

State General Funds

$704,535,635 $754,492,649 $828,840,345 $828,240,345

Nursing Home Provider Fees

$122,528,939 $122,528,939

TOTAL FEDERAL FUNDS

$2,638,241,369 $2,731,363,166 $2,847,416,520 $2,844,940,432

Medical Assistance Program CFDA93.778

$2,638,241,369 $2,731,363,166 $2,847,416,520 $2,844,940,432

TOTAL AGENCY FUNDS

$62,342,988 $62,342,988 $62,342,988 $62,342,988

Intergovernmental Transfers

$62,342,988 $62,342,988 $62,342,988 $62,342,988

Hospital Authorities

$62,342,988 $62,342,988 $62,342,988 $62,342,988

FRIDAY, APRIL 3, 2009

5743

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$267,288,632 $267,288,632 $267,288,632 $3,672,408,624

$267,288,632 $267,288,632 $267,288,632 $3,815,487,435

$267,288,632 $267,288,632 $267,288,632 $4,128,417,424

$267,288,632 $267,288,632 $267,288,632 $4,125,341,336

Medicaid: Low-Income Medicaid

Continuation Budget

The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments
TOTAL PUBLIC FUNDS

$967,807,351 $916,833,695
$50,973,656 $2,020,232,680 $2,020,232,680
$153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847
$13,416,847 $13,416,847 $3,154,813,458

$967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847
$13,416,847 $3,154,813,458

$967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,154,813,458

$967,807,351 $916,833,695 $50,973,656 $2,020,232,680 $2,020,232,680 $153,356,580 $141,028,264 $141,028,264 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,154,813,458

71.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse providers of durable medical equipment.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($133,661) ($247,656) ($381,317)

($133,661) ($247,656) ($381,317)

($133,661) ($247,656) ($381,317)

($133,661) ($247,656) ($381,317)

71.2 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,041,478) ($1,929,717) ($2,971,195)

($1,041,478) ($1,929,717) ($2,971,195)

($1,041,478) ($1,929,717) ($2,971,195)

($1,041,478) ($1,929,717) ($2,971,195)

71.3 Reduce funds due to savings realized from the Public Assistance Reporting Information System (PARIS) initiative through identification of Medicaid members eligible for health coverage through other payers.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($1,936,239) ($3,587,587) ($5,523,826)

($1,986,654) ($3,737,390) ($5,724,044)

($1,986,654) ($3,737,390) ($5,724,044)

($1,986,654) ($3,737,390) ($5,724,044)

71.4 Increase funds to reflect benefits growth.

5744

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$7,703,848 $14,274,179 $21,978,027

$7,703,848 $14,274,179 $21,978,027

$7,703,848 $14,274,179 $21,978,027

$7,703,848 $14,274,179 $21,978,027

71.5 Increase funds to reflect the loss of prior-year reserves.

State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

$141,028,264 $141,028,264 $141,028,264 $141,028,264

($141,028,264) ($141,028,264) ($141,028,264) ($141,028,264)

$0

$0

$0

$0

71.6 Reduce funds to reflect savings from performing expedited eligibility reviews of Ex Parte Medicaid members.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($4,052,454) ($7,508,644) ($11,561,098)

($4,052,454) ($7,508,644) ($11,561,098)

($4,052,454) ($7,508,644) ($11,561,098)

($4,052,454) ($7,508,644) ($11,561,098)

71.7 Replace funds for Medicaid benefits.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

($214,358,069) ($214,358,069) ($214,358,069) ($214,358,069)

$214,358,069 $214,358,069 $214,358,069 $214,358,069

$0

$0

$0

$0

71.8 Reduce funds received in HB990 (FY09G) for provider rate increases. (H:Delay the FY09 provider rate increases)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($22,706,943) ($42,072,867) ($64,779,810)

($22,706,943) ($42,072,867) ($64,779,810)

($22,706,943) ($42,072,867) ($64,779,810)

($22,706,943) ($42,072,867) ($64,779,810)

71.9 Replace funds with prior year reserves transferred from the Indigent Care Trust Fund program.

State General Funds Hospital Authorities Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS

($2,700,000) $2,700,000
$0

($2,700,000) $2,700,000
$0

($2,700,000) $0
$2,700,000 $0

($2,700,000) $0
$2,700,000 $0

71.10 Reduce funds by recognizing additional savings from fraud and abuse recoveries. (S and CC:Reflect additional savings per SB165 (2009 Session))

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($260,090) ($481,911) ($742,001)

($260,090) ($481,911) ($742,001)

($1,416,144) ($2,623,919) ($4,040,063)

($1,416,144) ($2,623,919) ($4,040,063)

71.11 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $30,371,205 and Total Funds by $86,644,904 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

71.12 Reduce funds to reflect savings from new hospital and managed care provider fees. (Gov Rev, H, and S:Restore $111,486,829 in State General Funds and $318,056,712 in Total Funds due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

FRIDAY, APRIL 3, 2009

5745

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

71.13 Increase funds for projected Medicaid needs by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $166,602,239 and Total Funds by $475,293,457 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

71.14

Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($8,808,522), ambulance ($65,641), home health ($309,251), Healthcheck ($652,395), digital mammography ($297,116), global maternity ($1,654,119), and personal support services in the Independent Care Waiver Program (ICWP) ($918). (Gov Rev, H, and S:Reduce State General Funds by $11,787,963 and Total Funds by $33,629,450 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

71.15 Reduce funds to reflect the revised Care Management Organization (CMO) fee projection based on new rate and updated enrollment. (Gov Rev:Reduce state general funds by $6,132,288 and federal funds by $11,362,292 to reflect a revised CMO fee projection of 5.5% for three months)(H and S:Reduce state general funds by $6,049,898 and increase federal funds by $40,622,707 to reflect a revised CMO fee projection of 5.5% for three months)

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($94,738,548) ($94,656,158) ($94,656,158) ($94,656,158) ($175,537,603) ($123,552,604) ($123,552,604) ($123,552,604) ($270,276,151) ($218,208,762) ($218,208,762) ($218,208,762)

71.16 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10. (Gov Rev:Reflect FMAP adjustments in line 71.18)

Medical Assistance Program CFDA93.778

$0 $81,242,707 $81,242,707 $81,242,707

71.17 Reduce funds for payments to inpatient and outpatient hospital providers by 10%.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($46,575,662)

$0

$0

$0

($86,298,347)

$0

$0

$0

($132,874,009)

$0

$0

$0

71.18 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($57,533,090) ($328,071,736) ($270,745,294) ($270,745,294)

$320,534,001 $328,071,736 $270,745,294 $270,745,294

$263,000,911

$0

$0

$0

71.19 Increase funds.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$55,115,410 $135,595,351 $190,710,761

$55,115,410 $135,595,351 $190,710,761

$55,115,410 $135,595,351 $190,710,761

$55,115,410 $135,595,351 $190,710,761

5746

JOURNAL OF THE HOUSE

71.20

Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, Mental Retardation Waiver Program (MRWP), Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($27,156,347)

$0

$0

$0

($50,317,006)

$0

$0

$0

($77,473,353)

$0

$0

$0

71.21 Increase funds to realign Medicaid benefit expenditures.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$92,953,715 $172,230,551 $265,184,266

$92,953,715 $172,230,551 $265,184,266

$92,953,715 $172,230,551 $265,184,266

71.22 Increase funds to provide family planning services to women at 200% of the federal poverty level, contingent upon receipt of a Centers for Medicare & Medicaid Services (CMS) waiver.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$225,000 $2,025,000 $2,250,000

$225,000 $2,025,000 $2,250,000

$225,000 $2,025,000 $2,250,000

71.23 Replace funds to recognize Care Management Organization Quality Assessment Fees as a state fund source.

State General Funds Care Management Organization Fees TOTAL PUBLIC FUNDS

($37,557,487) $37,557,487
$0

($37,557,487) $37,557,487
$0

71.100 -Medicaid: Low-Income Medicaid

Appropriation (HB 119)

The purpose of this appropriation is to provide healthcare access primarily to low-income individuals.

TOTAL STATE FUNDS

$912,820,361 $809,224,414 $865,394,802

State General Funds

$647,488,636 $543,892,689 $562,505,590

Tobacco Settlement Funds

$265,331,725 $265,331,725 $265,331,725

Care Management Organization Fees

$37,557,487

TOTAL FEDERAL FUNDS

$2,122,654,873 $2,574,141,415 $2,514,672,965

Medical Assistance Program CFDA93.778

$2,122,654,873 $2,574,141,415 $2,514,672,965

TOTAL AGENCY FUNDS

$15,028,316 $15,028,316 $15,028,316

Intergovernmental Transfers

$15,028,316 $15,028,316 $12,328,316

Hospital Authorities

$15,028,316 $15,028,316 $12,328,316

Sanctions, Fines, and Penalties

$2,700,000

Sanctions, Fines, and Penalties Not Itemized

$2,700,000

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

$3,063,920,397 $3,411,810,992 $3,408,512,930

$865,394,802 $562,505,590 $265,331,725
$37,557,487 $2,514,672,965 $2,514,672,965
$15,028,316 $12,328,316 $12,328,316
$2,700,000 $2,700,000 $13,416,847 $13,416,847 $13,416,847 $3,408,512,930

FRIDAY, APRIL 3, 2009

5747

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 $215,064,801 $215,064,801 $335,870,759

$120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759

$120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759

$120,805,958 $120,805,958 $215,064,801 $215,064,801 $335,870,759

72.1 Increase funds to reflect revised Nursing Home Provider Fee collections based on updated enrollment and cost data.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$1,722,981 $3,192,449 $4,915,430

$1,722,981 $3,192,449 $4,915,430

$1,722,981 $3,192,449 $4,915,430

$1,722,981 $3,192,449 $4,915,430

72.2 Increase funds to reflect the change in the Medicaid federal participation rate from 64.14% in FY09 to 65.05% FY10.

Medical Assistance Program CFDA93.778

$168,067

$168,067

$168,067

$168,067

72.3 Transfer funds to the Medicaid: Aged, Blind and Disabled program to reflect where expenditures actually occur and reflect Nursing Home Provider Fees as a state fund source.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($122,528,939) ($122,528,939) ($218,425,317) ($218,425,317) ($340,954,256) ($340,954,256)

72.100 -Nursing Home Provider Fees

Appropriation (HB 119)

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

$122,528,939 $122,528,939

State General Funds

$122,528,939 $122,528,939

TOTAL FEDERAL FUNDS

$218,425,317 $218,425,317

Medical Assistance Program CFDA93.778

$218,425,317 $218,425,317

TOTAL PUBLIC FUNDS

$340,954,256 $340,954,256

PeachCare

Continuation Budget

The purpose of this appropriation is to improve access to healthcare for qualified low-income Georgia children.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783

$98,672,929 $98,672,929 $294,846,511 $294,846,511
$151,783 $151,783

5748

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Optional Medicaid Services Payments TOTAL PUBLIC FUNDS

$151,783

$151,783

$151,783

$151,783

$393,671,223 $393,671,223 $393,671,223 $393,671,223

73.1 Reduce funds and use 80% of the 2007 Medicare fee schedule to reimburse the cost of physician-administered injectible drugs.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($72,001) ($221,432) ($293,433)

($72,001) ($221,432) ($293,433)

($72,001) ($221,432) ($293,433)

($72,001) ($221,432) ($293,433)

73.2 Reduce funds received in HB990 (FY09G) for provider rate increases.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($1,284,916) ($3,951,624) ($5,236,540)

($1,284,916) ($3,951,624) ($5,236,540)

($1,284,916) ($3,951,624) ($5,236,540)

($1,284,916) ($3,951,624) ($5,236,540)

73.3 Increase funds to implement and expand the HB990 (FY09G) inpatient and outpatient hospital rate increases by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Reduce State General Funds by $1,443,018 and Total Funds by $5,880,868 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

73.4 Increase funds by recognizing new hospital and managed care provider fees to implement the HB990 (FY09G) rate increases adjusted for growth and utilization for the following providers: physicians ($305,777), ambulance ($63,553), home health ($5,648), Healthcheck ($63,310), digital mammography ($28,076), and global maternity ($138,187). (Gov Rev, H, and S:Reduce State General Funds by $604,551 and Total Funds by $2,463,783 due to the removal of the hospital and CMO provider fees in the revised revenue estimate)

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

73.5 Increase funds for projected needs by recognizing new hospital and managed care provider fees. (Gov Rev, H, and S:Increase funds to cover projected PeachCare needs)

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$8,019,268 $24,662,415 $32,681,683

$8,019,268 $24,662,415 $32,681,683

$8,019,268 $24,662,415 $32,681,683

$8,019,268 $24,662,415 $32,681,683

73.6 Reduce funds to reflect the revised Care Management Organization (CMO) fee projection based on new rate and updated enrollment. (Gov Rev:Reduce state general funds by $831,526 and federal funds by $2,556,411 to reflect a revised CMO fee projection of 5.5% for three months)(H and S:Reduce state general funds by $943,736 and federal funds by $891,513 to reflect a revised CMO fee projection of 5.5% for three months)

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($16,066,726) ($49,411,526) ($65,478,252)

($16,179,206) ($47,746,598) ($63,925,804)

($16,179,206) ($47,746,598) ($63,925,804)

($16,179,206) ($47,746,598) ($63,925,804)

73.7 Increase funds to reflect the change in the PeachCare federal participation rate from 74.90% in FY09 to 75.54% in FY10.

State Children's Insurance Program CFDA93.767

$10,354,583 $10,354,583 $10,354,583 $10,354,583

FRIDAY, APRIL 3, 2009

5749

73.8 Reduce funds for payments to inpatient and outpatient hospital providers by 10%.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($2,528,327)

$0

$0

$0

($7,775,604)

$0

$0

$0

($10,303,931)

$0

$0

$0

73.9 Reduce funds for payments to Medicaid providers by 6% with the exception of the following service providers: state providers, nursing homes, community mental health, Psychiatric Residential Treatment Facilities (PRTF), diagnostic screening and prevention, Children's Intervention School Services, home health, ICWP, Mental Retardation Waiver Program (MRWP), Community Habilitation and Support Services (CHSS), CCSP, Service Options Using Resources in a Community Environment (SOURCE), Georgia Pediatric Program (GAPP) services, and disease state management.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

($4,548,141)

$0

$0

$0

($13,987,329)

$0

$0

$0

($18,535,470)

$0

$0

$0

73.10 Increase funds to realign PeachCare benefit expenditures.

State General Funds State Children's Insurance Program CFDA93.767 TOTAL PUBLIC FUNDS

$5,625,697 $17,298,904 $22,924,601

$3,748,882 $11,527,735 $15,276,617

$3,748,882 $11,527,735 $15,276,617

73.11 Replace funds to recognize Care Management Organization Quality Assessment Fees as a state fund source.

State General Funds Care Management Organization Fees TOTAL PUBLIC FUNDS

($4,967,414) $4,967,414
$0

($4,967,414) $4,967,414
$0

73.99 CC: The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. Senate: The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.

State General Funds

$0

$0

73.100 -PeachCare

Appropriation (HB 119)

The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children.

TOTAL STATE FUNDS

$82,192,086 $94,781,771 $92,904,956

State General Funds

$82,192,086 $94,781,771 $87,937,542

Care Management Organization Fees

$4,967,414

TOTAL FEDERAL FUNDS

$254,515,994 $295,242,759 $289,471,590

State Children's Insurance Program CFDA93.767

$254,515,994 $295,242,759 $289,471,590

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

$336,859,863 $390,176,313 $382,528,329

$92,904,956 $87,937,542
$4,967,414 $289,471,590 $289,471,590
$151,783 $151,783 $151,783 $382,528,329

State Health Benefit Plan

Continuation Budget

5750

JOURNAL OF THE 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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments
TOTAL PUBLIC FUNDS

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

$0 $0 $30,345,470 $30,345,470 $30,345,470 $2,674,397,696 $2,674,397,696 $2,674,397,696 $2,704,743,166

74.1 Increase funds to reflect projected revenue above the original appropriation. (H and S:Adjust revenue to reflect projected increases from growth in enrollment and payroll)

Health Insurance Payments

$224,421,309 $87,191,472 $87,191,472 $87,191,472

74.2 Replace one-time prior year reserve funds.

Reserved Fund Balances Not Itemized Health Insurance Payments TOTAL PUBLIC FUNDS

($30,345,470) $30,345,470
$0

($30,345,470) $30,345,470
$0

($30,345,470) $30,345,470
$0

($30,345,470) $30,345,470
$0

74.3 Increase funds to reflect the implementation of optimal pricing strategies to incentivize member enrollment in Consumer Driven Health Plans (CDHP) while increasing employee premiums by an average of 5%. (S: Effective July 1, 2009, increase PPO and HMO premiums by 10% and increase tobacco surcharge by $10; Effective January 1, 2010, increase all premiums by 5% and increase spousal surcharge by $10)(CC:Maintain current plan)

Health Insurance Payments

$17,122,353 $17,122,353 $17,122,353 $17,122,353

74.4 Reduce employer contribution rate for state employees from 22.165% to 17.856% to reflect a reduction in contributions for Other Post-Employment Benefits (OPEB). (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Adjust the employer contribution rate for SHBP to eliminate the fund balance; an increase from 16.567% to 17.329% for state employees and from 17.245% to 18.046% for teachers, effective January 1, 2010)(S and CC:Restore rates to prior amounts and utilize surpluses to cover the Department of Education's contribution for non-certificated employees and retirees)

Health Insurance Payments

($169,301,492) ($236,912,007) ($248,864,058) ($166,647,981)

74.5 Utilize FY09 net assets to subsidize FY10 employer contributions. (S:YES)

Reserved Fund Balances Not Itemized Health Insurance Payments TOTAL PUBLIC FUNDS

$168,620,098

$168,620,098

$0

$0

$168,620,098

74.6 Increase funds to maintain the employee share of the State Health Benefit Plan at 25%. (S:Increase funds to implement cost saving plans, including encouraging increased employee utilization of CDHPs)(CC:Maintain current employee-employer ratio)

Health Insurance Payments

$70,264,026 $82,326,391

$0

FRIDAY, APRIL 3, 2009

5751

74.99

CC: The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates. Senate: The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates.

State General Funds

$0

$0

74.100 -State Health Benefit Plan

Appropriation (HB 119)

The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in

quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates.

TOTAL AGENCY FUNDS

$168,620,098

Reserved Fund Balances

$168,620,098

Reserved Fund Balances Not Itemized

$168,620,098

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$2,776,985,336 $2,811,029,108 $2,642,519,324 $2,642,409,010

State Funds Transfers

$2,776,985,336 $2,811,029,108 $2,642,519,324 $2,642,409,010

Health Insurance Payments

$2,776,985,336 $2,811,029,108 $2,642,519,324 $2,642,409,010

TOTAL PUBLIC FUNDS

$2,776,985,336 $2,811,029,108 $2,642,519,324 $2,811,029,108

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

$1,439,892 $1,439,892 $1,439,892

$1,439,892 $1,439,892 $1,439,892

$1,439,892 $1,439,892 $1,439,892

$1,439,892 $1,439,892 $1,439,892

75.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,704)

($2,704)

($2,704)

($2,704)

75.2 Defer special adjustments to selected job classes.

State General Funds

($8,547)

($8,547)

($8,547)

($8,547)

75.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($8,114)

($7,011)

$0

$0

75.4 Reduce funds from medical scholarship awards.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

5752

JOURNAL OF THE HOUSE

75.5 Reduce funds from the contract with the Georgia Student Finance Commission for loan and scholarship tracking and administer internally.

State General Funds

($15,000)

($15,000)

($15,000)

($15,000)

75.6 Reduce funds from the loan repayment program.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

75.99

CC: 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. Senate: 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. House: 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. Gov Rev: 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.

State General Funds

$0

$0

$0

$0

75.100 -Medical Education Board, State

Appropriation (HB 119)

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.

TOTAL STATE FUNDS

$1,320,527

$1,321,630

$1,328,641

$1,328,641

State General Funds

$1,320,527

$1,321,630

$1,328,641

$1,328,641

TOTAL PUBLIC FUNDS

$1,320,527

$1,321,630

$1,328,641

$1,328,641

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

$855,498 $855,498 $855,498

$855,498 $855,498 $855,498

$855,498 $855,498 $855,498

$855,498 $855,498 $855,498

76.1 Defer the FY09 cost of living adjustment.

State General Funds

($5,716)

($5,716)

($5,716)

($5,716)

76.2 Defer special adjustments to selected job classes.

State General Funds

($23,430)

($23,430)

($23,430)

($23,430)

76.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

FRIDAY, APRIL 3, 2009

5753

State General Funds

($19,406)

76.4 Eliminate one-time funds.

State General Funds

($26,525)

76.5 Reduce funds received in HB990 (FY09G) from the internship program.

State General Funds

($12,000)

76.6 Reduce funds received in HB990 (FY09G) and defer the medical education expansion study.

State General Funds

($110,000)

($16,770) ($26,525) ($12,000) ($500,000)

$0 ($26,525) ($12,000) ($110,000)

$0 ($26,525) ($12,000) ($110,000)

76.100 -Physician Workforce, Georgia Board of: Board Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to all agency programs.

TOTAL STATE FUNDS

$658,421

$271,057

State General Funds

$658,421

$271,057

TOTAL PUBLIC FUNDS

$658,421

$271,057

$677,827 $677,827 $677,827

$677,827 $677,827 $677,827

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

$9,853,061 $9,853,061 $9,853,061

$9,853,061 $9,853,061 $9,853,061

$9,853,061 $9,853,061 $9,853,061

$9,853,061 $9,853,061 $9,853,061

77.1 Reduce funds received in HB990 (FY09G) for graduate medical education. State General Funds 77.2 Reduce funds to reflect the revised revenue estimate. State General Funds 77.3 Reduce funds from the Athens/Gainesville Area medical expansion study. State General Funds

($343,797) ($87,600)

$0

($343,797)

$0

$0

($87,600)

$0

($500,000)

($500,000)

77.100 -Physician Workforce, Georgia Board of: Graduate Medical Education

Appropriation (HB 119)

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

$9,421,664

$9,853,061

$8,921,664

$9,353,061

State General Funds

$9,421,664

$9,853,061

$8,921,664

$9,353,061

TOTAL PUBLIC FUNDS

$9,421,664

$9,853,061

$8,921,664

$9,353,061

Physician Workforce, Georgia Board of: Mercer School of Medicine Grant

Continuation Budget

5754

JOURNAL OF THE HOUSE

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

$24,560,862 $24,560,862 $24,560,862

78.1 Reduce funds from the Mercer School of Medicine operating grant by 8.7%. (CC:Reduce funds by 4.3%)

State General Funds

($2,131,969)

$0 ($1,065,985) ($1,065,985)

78.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($206,616)

$0

($206,616)

$0

78.99 CC: The purpose of this appropriation is to provide funding for the Mercer University School of Medicine to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia.

State General Funds

$0

78.100 -Physician Workforce, Georgia Board of: Mercer School of Medicine Grant

Appropriation (HB 119)

The purpose of this appropriation is to provide funding for the Mercer University School of Medicine to help ensure an adequate supply of primary and other

needed physician specialists through a public/private partnership with the State of Georgia.

TOTAL STATE FUNDS

$22,222,277 $24,560,862 $23,288,261 $23,494,877

State General Funds

$22,222,277 $24,560,862 $23,288,261 $23,494,877

TOTAL PUBLIC FUNDS

$22,222,277 $24,560,862 $23,288,261 $23,494,877

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

$12,997,293 $12,997,293 $12,997,293

$12,997,293 $12,997,293 $12,997,293

$12,997,293 $12,997,293 $12,997,293

$12,997,293 $12,997,293 $12,997,293

79.1 Reduce funds from the Morehouse School of Medicine operating grant by 8.7%. (CC:Reduce by 4.3%)

State General Funds

($1,128,211)

$0

($564,106)

($564,106)

79.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($109,339)

$0

($109,339)

$0

79.99 CC: The purpose of this appropriation is to provide funding for the Morehouse School of Medicine to help ensure an adequate supply of primary and other needed physician specialists through a public/private partnership with the State of Georgia.

State General Funds

$0

FRIDAY, APRIL 3, 2009

5755

79.100 -Physician Workforce, Georgia Board of: Morehouse School of Medicine Grant Appropriation (HB 119)

The purpose of this appropriation is to provide funding for the Morehouse School of Medicine to help ensure an adequate supply of primary and other needed

physician specialists through a public/private partnership with the State of Georgia.

TOTAL STATE FUNDS

$11,759,743 $12,997,293 $12,323,848 $12,433,187

State General Funds

$11,759,743 $12,997,293 $12,323,848 $12,433,187

TOTAL PUBLIC FUNDS

$11,759,743 $12,997,293 $12,323,848 $12,433,187

Physician Workforce, Georgia Board of: Undergraduate Medical Education Continuation Budget The purpose of this appropriation is to ensure an adequate supply of primary care and other needed physician specialists through a public/private partnership with certain private medical schools in Georgia.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

$3,538,484 $3,538,484 $3,538,484

80.1 Reduce funds from the undergraduate medical education program.

State General Funds

($377,978)

$0

($188,989)

$0

80.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($29,115)

$0

($29,115)

$0

80.99 CC: 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 medical schools in Georgia.

State General Funds

$0

80.100 -Physician Workforce, Georgia Board of: Undergraduate Medical Education Appropriation (HB 119)

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 medical schools in Georgia.

TOTAL STATE FUNDS

$3,131,391

$3,538,484

$3,320,380

$3,538,484

State General Funds

$3,131,391

$3,538,484

$3,320,380

$3,538,484

TOTAL PUBLIC FUNDS

$3,131,391

$3,538,484

$3,320,380

$3,538,484

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

$20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605

$20,563,284 $15,498,107 $5,065,177 $38,527,728 $17,796,605

$20,563,284 $15,498,107
$5,065,177 $38,527,728 $17,796,605

$20,563,284 $15,498,107
$5,065,177 $38,527,728 $17,796,605

5756

JOURNAL OF THE HOUSE

Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families
Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$1,230,972 $353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

$1,230,972 $353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

$1,230,972 $353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

$1,230,972 $353,240 $41,694
$19,105,217 $19,105,217
$270,000 $270,000 $270,000 $59,361,012

171.1 Defer the FY09 cost of living adjustment.

State General Funds

($155,696)

($155,696)

($155,696)

($155,696)

171.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($484,702)

($437,130)

$0

$0

171.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,844

$1,844

$1,844

$1,844

171.4 Reduce funds from family planning programmatic aid, clinic sites, outreach, teen centers, youth development programs, and unobligated purchase of service dollars.

Temporary Assistance for Needy Families Grant CFDA93.558

($6,499,521) ($1,099,521) ($3,894,772) ($3,894,772)

171.5 Reduce funds designated to purchase supplies and other operating expenses.

State General Funds

($50,000)

($50,000)

($50,000)

($50,000)

171.6 Reduce funds from nutrition education.

State General Funds

($122,759)

($122,759)

($122,759)

($122,759)

171.7 Reduce funds from prostate cancer education provided by the Regional Cancer Coalitions.

State General Funds

($85,000)

($85,000)

($85,000)

($85,000)

171.8 Eliminate funds for the coordinated school health outreach programs.

Maternal & Child Health Services Block Grant CFDA93.994

($1,021,604) ($1,021,604) ($1,021,604) ($1,021,604)

171.9 Reduce funds by eliminating seven vacant positions.

State General Funds

($776,562)

($776,562)

($776,562)

($776,562)

171.10 Reduce funds by eliminating two filled state office positions and eighteen filled district health promotion coordinator positions.

State General Funds

($1,136,228) ($1,136,228) ($1,136,228) ($1,136,228)

FRIDAY, APRIL 3, 2009

5757

171.11 Reduce funds for one position and fund with existing federal funds.

State General Funds

($49,879)

($49,879)

($49,879)

($49,879)

171.12 Reduce and defer funds received in HB95 (FY08G) for the Diabetes Care Coalition.

State General Funds

($175,000)

($175,000)

($175,000)

($175,000)

171.13 Reduce and defer funds received in HB990 (FY09G) for the Helen Keller National Center.

State General Funds

($229,513)

($229,513)

($229,513)

($229,513)

171.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($7,683,299) ($25,631)
($6,105,228) ($13,814,158)

($7,683,299) ($25,631)
($6,105,228) ($13,814,158)

($7,683,299) ($25,631) $0
($7,708,930)

($7,683,299) ($25,631) $0
($7,708,930)

171.99

CC: 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. Senate: 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. Funds provided by this appropriation shall not be used to provide contraceptives to minors without parental consent.

State General Funds

$0

$0

171.100-Adolescent and Adult Health Promotion

Appropriation (HB 119)

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

$9,616,490

$9,664,062 $10,101,192 $10,101,192

State General Funds

$4,551,313

$4,598,885

$5,036,015

$5,036,015

Tobacco Settlement Funds

$5,065,177

$5,065,177

$5,065,177

$5,065,177

TOTAL FEDERAL FUNDS

$24,875,744 $30,275,744 $33,585,721 $33,585,721

Federal Funds Not Itemized

$17,796,605 $17,796,605 $17,796,605 $17,796,605

Maternal & Child Health Services Block Grant CFDA93.994

$209,368

$209,368

$209,368

$209,368

Medical Assistance Program CFDA93.778

$327,609

$327,609

$327,609

$327,609

Preventive Health & Health Services Block Grant CFDA93.991

$41,694

$41,694

$41,694

$41,694

Temporary Assistance for Needy Families

$6,500,468 $11,900,468 $15,210,445 $15,210,445

Temporary Assistance for Needy Families Grant CFDA93.558

$6,500,468 $11,900,468 $15,210,445 $15,210,445

TOTAL AGENCY FUNDS

$270,000

$270,000

$270,000

$270,000

Contributions, Donations, and Forfeitures

$270,000

$270,000

$270,000

$270,000

Contributions, Donations, and Forfeitures Not Itemized

$270,000

$270,000

$270,000

$270,000

TOTAL PUBLIC FUNDS

$34,762,234 $40,209,806 $43,956,913 $43,956,913

Adult Essential Health Treatment Services

Continuation Budget

5758

JOURNAL OF THE HOUSE

The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, Georgians at risk of stroke or heart attacks, and refugees.

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877
$15,853,603

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603

$12,400,624 $5,925,624 $6,475,000 $3,452,979 $2,166,763 $75,339 $1,210,877 $15,853,603

175.1 Defer the FY09 cost of living adjustment.

State General Funds

($15,390)

($15,390)

($15,390)

($15,390)

175.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($55,292)

($49,865)

$0

$0

175.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$9,203

$9,203

$9,203

$9,203

175.4 Reduce funds from the Stroke and Heart Attack Prevention Program (SHAPP).

State General Funds

($916,038)

($916,038)

($916,038)

($916,038)

175.5 Reduce funds and transfer all Cancer State Aid positions to existing federal funds.

State General Funds

($140,000)

($140,000)

($140,000)

($140,000)

175.6 Reduce and defer funds received in HB990 (FY09G) for the Georgia Commission to Save the Cure.

State General Funds

($240,000)

($240,000)

($240,000)

($240,000)

175.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($3,288,525) ($3,288,525) ($3,288,525) ($3,288,525)

175.100-Adult Essential Health Treatment Services

Appropriation (HB 119)

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

$7,754,582

$7,760,009

$7,809,874

$7,809,874

State General Funds

$1,279,582

$1,285,009

$1,334,874

$1,334,874

Tobacco Settlement Funds

$6,475,000

$6,475,000

$6,475,000

$6,475,000

FRIDAY, APRIL 3, 2009

5759

TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$3,452,979 $2,166,763
$75,339 $1,210,877 $11,207,561

$3,452,979 $2,166,763
$75,339 $1,210,877 $11,212,988

$3,452,979 $2,166,763
$75,339 $1,210,877 $11,262,853

$3,452,979 $2,166,763
$75,339 $1,210,877 $11,262,853

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 Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991
TOTAL PUBLIC FUNDS

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

$6,401,703 $6,401,703 $42,726,666 $41,171,412
$407,750 $1,147,504 $49,128,369

193.1 Defer the FY09 cost of living adjustment.

State General Funds

($9,134)

($9,134)

($9,134)

($9,134)

193.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($32,816)

($29,595)

$0

$0

193.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$16,196

$16,196

$16,196

$16,196

193.4 Reduce funds by eliminating three vacant positions.

State General Funds

($125,854)

($125,854)

($125,854)

($125,854)

193.5 Reduce funds from the antiviral storage contract.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

193.6 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($7,540)

($7,540)

($7,540)

($7,540)

193.7 Reduce funds from Trauma Center contracts.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

5760

JOURNAL OF THE HOUSE

193.8

Increase funds for the Georgia Trauma Network Commission (GTNC) with funds raised from additional license reinstatement fees from drivers who violate speed limits, excessively or repeatedly violate traffic laws, and with funds from new provider fees in the Department of Community Health. (Gov Rev:Reduce funds by $37,000,000 due to the revised revenue estimate)(H:Reflect Super Speeder revenue ($23,000,000) per HB160 (2009 Session) and increase funds ($10,000,000). Transfer 11% of trauma appropriation to the Department of Community Health to provide EMS with a rate increase to cover uncompensated care)(S and CC:Reduce funds by $37,000,000 due to the revised revenue estimate)

State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS

$23,000,000 $0
$23,000,000

$33,000,000 $0
$33,000,000

$23,000,000 $0
$23,000,000

$23,000,000 $0
$23,000,000

193.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($1,937,188) ($1,937,188) ($1,937,188) ($1,937,188)

193.100-Emergency Preparedness / Trauma System Improvement

Appropriation (HB 119)

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

$26,205,367 $36,208,588 $26,238,183 $26,238,183

State General Funds

$26,205,367 $36,208,588 $26,238,183 $26,238,183

TOTAL FEDERAL FUNDS

$42,726,666 $42,726,666 $42,726,666 $42,726,666

Federal Funds Not Itemized

$41,171,412 $41,171,412 $41,171,412 $41,171,412

Maternal & Child Health Services Block Grant CFDA93.994

$407,750

$407,750

$407,750

$407,750

Preventive Health & Health Services Block Grant CFDA93.991

$1,147,504

$1,147,504

$1,147,504

$1,147,504

TOTAL PUBLIC FUNDS

$68,932,033 $78,935,254 $68,964,849 $68,964,849

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

$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

$5,996,602 $5,880,965
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $12,521,746

FRIDAY, APRIL 3, 2009

5761

195.1 Defer the FY09 cost of living adjustment.

State General Funds

($23,079)

($23,079)

($23,079)

($23,079)

195.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($82,921)

($74,783)

$0

$0

195.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,778

$1,778

$1,778

$1,778

195.4 Reduce funds by eliminating three vacant positions.

State General Funds

($139,954)

($139,954)

($139,954)

($139,954)

195.5 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($1,130)

($1,130)

($1,130)

($1,130)

195.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($1,383,026) ($1,383,026) ($1,383,026) ($1,383,026)

195.100 -Epidemiology

Appropriation (HB 119)

The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern.

TOTAL STATE FUNDS

$4,368,270

$4,376,408

$4,451,191

State General Funds

$4,252,633

$4,260,771

$4,335,554

Tobacco Settlement Funds

$115,637

$115,637

$115,637

TOTAL FEDERAL FUNDS

$6,419,324

$6,419,324

$6,419,324

Federal Funds Not Itemized

$6,017,054

$6,017,054

$6,017,054

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

$53,000

$53,000

$53,000

Contributions, Donations, and Forfeitures

$53,000

$53,000

$53,000

Contributions, Donations, and Forfeitures Not Itemized

$53,000

$53,000

$53,000

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

$10,893,414 $10,901,552 $10,976,335

$4,451,191 $4,335,554
$115,637 $6,419,324 $6,017,054
$205,520 $196,750
$53,000 $53,000 $53,000 $52,820 $52,820 $52,820 $10,976,335

Immunization

Continuation Budget

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

5762

JOURNAL OF THE HOUSE

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

$11,962,587 $11,962,587 $15,888,264 $7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

$11,962,587 $11,962,587 $15,888,264
$7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

$11,962,587 $11,962,587 $15,888,264
$7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

$11,962,587 $11,962,587 $15,888,264
$7,100,850 $6,762,746 $1,320,956
$703,712 $469,946 $469,946 $469,946 $28,320,797

200.1 Defer the FY09 cost of living adjustment.

State General Funds

($40,230)

($40,230)

($40,230)

($40,230)

200.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($144,537)

($130,351)

$0

$0

200.3 Replace funds for the purchase of Rotavirus vaccines for uninsured infants.

State General Funds Maternal & Child Health Services Block Grant CFDA93.994 TOTAL PUBLIC FUNDS

($402,131) $402,131
$0

($402,131) $402,131
$0

($402,131) $402,131
$0

($402,131) $402,131
$0

200.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($8,767,321) ($8,767,321) ($8,767,321) ($8,767,321)

200.100 -Immunization

Appropriation (HB 119)

The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance.

TOTAL STATE FUNDS

$2,608,368

$2,622,554

$2,752,905

State General Funds

$2,608,368

$2,622,554

$2,752,905

TOTAL FEDERAL FUNDS

$16,290,395 $16,290,395 $16,290,395

Federal Funds Not Itemized

$7,100,850

$7,100,850

$7,100,850

Maternal & Child Health Services Block Grant CFDA93.994

$7,164,877

$7,164,877

$7,164,877

Medical Assistance Program CFDA93.778

$1,320,956

$1,320,956

$1,320,956

Preventive Health & Health Services Block Grant CFDA93.991

$703,712

$703,712

$703,712

TOTAL AGENCY FUNDS

$469,946

$469,946

$469,946

Sales and Services

$469,946

$469,946

$469,946

$2,752,905 $2,752,905 $16,290,395 $7,100,850 $7,164,877 $1,320,956
$703,712 $469,946 $469,946

FRIDAY, APRIL 3, 2009

5763

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$469,946 $19,368,709

$469,946 $19,382,895

$469,946 $19,513,246

$469,946 $19,513,246

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

$38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372
$267,356 $67,286,978

$38,933,461 $38,933,461 $28,353,517 $18,461,228 $8,086,561 $1,538,372
$267,356 $67,286,978

$38,933,461 $38,933,461 $28,353,517 $18,461,228
$8,086,561 $1,538,372
$267,356 $67,286,978

$38,933,461 $38,933,461 $28,353,517 $18,461,228
$8,086,561 $1,538,372
$267,356 $67,286,978

201.1 Defer the FY09 cost of living adjustment.

State General Funds

($136,563)

($136,563)

($136,563)

($136,563)

201.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($490,638)

($442,484)

$0

$0

201.3 Reduce funds from the Hemophilia of Georgia contract.

State General Funds

($382,000)

($132,000)

($132,000)

($132,000)

201.4 Reduce funds received in HB990 (FY09G) for a second sickle cell bus.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

201.5 Reduce funds by eliminating two vacant positions.

State General Funds

($92,084)

($92,084)

($92,084)

($92,084)

201.6 Reduce funds from Tertiary Care Center contracts by 10%.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

201.7 Reduce funds and defer the planned expansion of the purchase of car beds.

State General Funds

($36,000)

($36,000)

($36,000)

($36,000)

201.8 Reduce funds from Babies Can't Wait by realizing savings achieved with the implementation of the Primary Service Delivery Model.

State General Funds

($1,200,000) ($1,200,000) ($1,200,000) ($1,200,000)

201.9 Reduce funds from sickle cell services provided through the Fulton-DeKalb Hospital Authority contract.

5764

JOURNAL OF THE HOUSE

State General Funds

($88,796)

($88,796)

($88,796)

201.10 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($21,218)

($21,218)

($21,218)

201.11 Reduce funds from the Infant and Maternal Health Advisory Council.

State General Funds

($144,430)

($144,430)

($144,430)

201.12 Reduce funds previously used for tertiary care center contracts management.

State General Funds

($466,137)

($466,137)

($466,137)

201.13 Reduce funds and transfer five state funded positions to federal funds.

State General Funds

($260,349)

($260,349)

($260,349)

201.14 Reduce funds designated for the purchase of supplies and other expenses.

State General Funds

($264,000)

($264,000)

($264,000)

201.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($8,281,533) ($19,308)
($8,300,841)

($8,281,533) ($19,308)
($8,300,841)

($8,281,533) ($19,308)
($8,300,841)

($88,796)
($21,218)
($144,430)
($466,137)
($260,349)
($264,000)
($8,281,533) ($19,308)
($8,300,841)

201.100-Infant and Child Essential Health Treatment Services

Appropriation (HB 119)

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

$26,569,713 $26,867,867 $27,310,351 $27,310,351

State General Funds

$26,569,713 $26,867,867 $27,310,351 $27,310,351

TOTAL FEDERAL FUNDS

$28,334,209 $28,334,209 $28,334,209 $28,334,209

Federal Funds Not Itemized

$18,441,920 $18,441,920 $18,441,920 $18,441,920

Maternal & Child Health Services Block Grant CFDA93.994

$8,086,561

$8,086,561

$8,086,561

$8,086,561

Medical Assistance Program CFDA93.778

$1,538,372

$1,538,372

$1,538,372

$1,538,372

Preventive Health & Health Services Block Grant CFDA93.991

$267,356

$267,356

$267,356

$267,356

TOTAL PUBLIC FUNDS

$54,903,922 $55,202,076 $55,644,560 $55,644,560

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 Temporary Assistance for Needy Families

$29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577
$156,221 $4,094,783

$29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577
$156,221 $4,094,783

$29,858,162 $29,858,162 $275,131,707 $260,701,797
$3,813,329 $6,365,577
$156,221 $4,094,783

$29,858,162 $29,858,162 $275,131,707 $260,701,797 $3,813,329 $6,365,577
$156,221 $4,094,783

FRIDAY, APRIL 3, 2009

5765

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 National School Lunch Program CFDA10.555
TOTAL PUBLIC FUNDS

$4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688
$305,109,694

$4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688
$305,109,694

$4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688
$305,109,694

$4,094,783 $49,137 $49,137 $49,137 $70,688 $70,688 $70,688
$305,109,694

202.1 Defer the FY09 cost of living adjustment.

State General Funds

($575,679)

($575,679)

($575,679)

($575,679)

202.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,068,296) ($1,865,301)

$0

$0

202.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$15,850

$15,850

$15,850

$15,850

202.4 Reduce funds received in HB95 (FY08G) for the YMCA Fit for Life program.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

202.5 Reduce and defer funds received in HB990 (FY09G) for the Safe House Outreach contract.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

202.6 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($4,760)

($4,760)

($4,760)

($4,760)

202.7 Reduce funds and defer the planned expansion of the purchase of car seats.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

202.8 Reduce funds to recognize administrative efficiencies in the newborn screening follow-up contract with Emory University.

State General Funds

($134,320)

($134,320)

($134,320)

($134,320)

202.9 Reduce funds to reflect savings from the implementation of an integrated and more medically appropriate system for serving children with special needs.

State General Funds

($1,090,137) ($1,090,137) ($1,090,137) ($1,090,137)

202.10 Reduce funds by eliminating nine vacant positions.

State General Funds

($380,875)

($380,875)

($380,875)

($380,875)

202.11 Reduce funds by shifting six positions to federal funds.

5766

JOURNAL OF THE HOUSE

State General Funds

($405,464)

($405,464)

($405,464)

($405,464)

202.12 Reduce funds by closing the Georgia Public Health (GPH) Laboratory on Saturdays and delaying the purchase of lab supplies.

State General Funds

($335,700)

($335,700)

($335,700)

($335,700)

202.13 Reduce funds from the Integrated Family Support program.

Temporary Assistance for Needy Families Grant CFDA93.558

($3,103,103) ($3,103,103) ($3,103,103) ($3,103,103)

202.14 Transfer funds to the Governor's Office of Children and Families for victims of child prostitution and trafficking.

Temporary Assistance for Needy Families Grant CFDA93.558

($991,680)

($991,680)

202.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($14,643,227) ($2,389,315) ($17,032,542)

($14,643,227) ($2,389,315) ($17,032,542)

($14,643,227) ($2,389,315) ($17,032,542)

($14,643,227) ($2,389,315) ($17,032,542)

202.100-Infant and Child Health Promotion

Appropriation (HB 119)

The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children.

TOTAL STATE FUNDS

$9,895,554 $10,098,549 $11,963,850

State General Funds

$9,895,554 $10,098,549 $11,963,850

TOTAL FEDERAL FUNDS

$269,639,289 $269,639,289 $268,647,609

Federal Funds Not Itemized

$260,701,797 $260,701,797 $260,701,797

Maternal & Child Health Services Block Grant CFDA93.994

$3,813,329

$3,813,329

$3,813,329

Medical Assistance Program CFDA93.778

$3,976,262

$3,976,262

$3,976,262

Preventive Health & Health Services Block Grant CFDA93.991

$156,221

$156,221

$156,221

Temporary Assistance for Needy Families

$991,680

$991,680

Temporary Assistance for Needy Families Grant CFDA93.558

$991,680

$991,680

TOTAL AGENCY FUNDS

$49,137

$49,137

$49,137

Contributions, Donations, and Forfeitures

$49,137

$49,137

$49,137

Contributions, Donations, and Forfeitures Not Itemized

$49,137

$49,137

$49,137

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$70,688

$70,688

$70,688

Federal Funds Transfers

$70,688

$70,688

$70,688

FF National School Lunch Program CFDA10.555

$70,688

$70,688

$70,688

TOTAL PUBLIC FUNDS

$279,654,668 $279,857,663 $280,731,284

$11,963,850 $11,963,850 $268,647,609 $260,701,797 $3,813,329 $3,976,262
$156,221
$49,137 $49,137 $49,137 $70,688 $70,688 $70,688 $280,731,284

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

$41,912,787 $41,912,787 $59,503,141 $58,704,521

$41,912,787 $41,912,787 $59,503,141 $58,704,521

$41,912,787 $41,912,787 $59,503,141 $58,704,521

$41,912,787 $41,912,787 $59,503,141 $58,704,521

FRIDAY, APRIL 3, 2009

5767

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

$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

$484,489 $314,131 $150,000 $150,000 $150,000 $101,565,928

203.1 Defer the FY09 cost of living adjustment.

State General Funds

($514,730)

($514,730)

($514,730)

($514,730)

203.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($784,078)

($707,124)

$0

$0

203.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,353

$2,353

$2,353

$2,353

203.4 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($26,316)

($26,316)

($26,316)

($26,316)

203.5 Reduce funds by eliminating eight vacant positions.

State General Funds

($396,186)

($396,186)

($396,186)

($396,186)

203.6 Reduce funds designated to purchase supplies and other operating expenses.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

203.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($10,492,254) ($10,492,254) ($10,492,254) ($10,492,254)

203.100-Infectious Disease Control

Appropriation (HB 119)

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

$29,301,576 $29,378,530 $30,085,654 $30,085,654

State General Funds

$29,301,576 $29,378,530 $30,085,654 $30,085,654

TOTAL FEDERAL FUNDS

$59,503,141 $59,503,141 $59,503,141 $59,503,141

Federal Funds Not Itemized

$58,704,521 $58,704,521 $58,704,521 $58,704,521

Maternal & Child Health Services Block Grant CFDA93.994

$484,489

$484,489

$484,489

$484,489

Medical Assistance Program CFDA93.778

$314,131

$314,131

$314,131

$314,131

TOTAL AGENCY FUNDS

$150,000

$150,000

$150,000

$150,000

Sales and Services

$150,000

$150,000

$150,000

$150,000

5768

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$150,000 $88,954,717

$150,000 $89,031,671

$150,000 $89,738,795

$150,000 $89,738,795

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 PUBLIC FUNDS

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

$1,257,613 $1,107,613
$150,000 $1,459,130 $1,317,700
$29,425 $112,005 $2,716,743

204.1 Defer the FY09 cost of living adjustment.

State General Funds

($16,770)

($16,770)

($16,770)

($16,770)

204.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($60,253)

($54,339)

$0

$0

204.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$788

$788

$788

$788

204.4 Reduce funds by eliminating one vacant position.

State General Funds

($41,227)

($41,227)

($41,227)

($41,227)

204.5 Eliminate funds and discontinue suicide preventing planning activities. (S and CC:Transfer funds and activities for suicide prevention to the Adult Mental Health and Child and Adolescent Mental Health programs)

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

($250,000) ($150,000) ($400,000)

($200,000) ($150,000) ($350,000)

($250,000) ($150,000) ($400,000)

($250,000) ($150,000) ($400,000)

204.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

204.100-Injury Prevention

Appropriation (HB 119)

FRIDAY, APRIL 3, 2009

5769

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

$240,151

$296,065

$300,404

$300,404

State General Funds

$240,151

$296,065

$300,404

$300,404

TOTAL FEDERAL FUNDS

$1,459,130

$1,459,130

$1,459,130

$1,459,130

Federal Funds Not Itemized

$1,317,700

$1,317,700

$1,317,700

$1,317,700

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 PUBLIC FUNDS

$1,699,281

$1,755,195

$1,759,534

$1,759,534

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

$18,927,060 $18,927,060 $1,320,931
$707,327 $200,210
$76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253

$18,927,060 $18,927,060 $1,320,931
$707,327 $200,210
$76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253

$18,927,060 $18,927,060
$1,320,931 $707,327 $200,210 $76,622 $336,772 $438,262 $438,262 $438,262
$20,686,253

$18,927,060 $18,927,060 $1,320,931
$707,327 $200,210
$76,622 $336,772 $438,262 $438,262 $438,262 $20,686,253

205.1 Defer the FY09 cost of living adjustment.

State General Funds

($21,532)

($21,532)

($21,532)

($21,532)

205.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($77,361)

($69,768)

$0

$0

205.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,389

$1,389

$1,389

$1,389

205.4 Reduce funds by eliminating one vacant position.

State General Funds

($73,162)

($73,162)

($73,162)

($73,162)

205.98 Transfer funds and activities for general grant-in-aid to the new Public Health Formula Grants to Counties program.

5770

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($14,880,955) ($12,257)
($14,893,212)

($14,880,955) ($12,257)
($14,893,212)

($14,880,955) ($12,257)
($14,893,212)

($14,880,955) ($12,257)
($14,893,212)

205.100-Inspections and Environmental Hazard Control

Appropriation (HB 119)

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

$3,875,439

$3,883,032

$3,952,800

$3,952,800

State General Funds

$3,875,439

$3,883,032

$3,952,800

$3,952,800

TOTAL FEDERAL FUNDS

$1,308,674

$1,308,674

$1,308,674

$1,308,674

Federal Funds Not Itemized

$707,327

$707,327

$707,327

$707,327

Maternal & Child Health Services Block Grant CFDA93.994

$200,210

$200,210

$200,210

$200,210

Medical Assistance Program CFDA93.778

$64,365

$64,365

$64,365

$64,365

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

Sales and Services

$438,262

$438,262

$438,262

$438,262

Sales and Services Not Itemized

$438,262

$438,262

$438,262

$438,262

TOTAL PUBLIC FUNDS

$5,622,375

$5,629,968

$5,699,736

$5,699,736

Public Health Formula Grants to Counties
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

207.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,132,149) ($2,132,149) ($2,132,149) ($2,132,149)

207.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($5,950,505) ($3,658,265)

$0

$0

207.3 Reduce funds from general grant in aid sent to districts and local county boards of health by 3.5%.

State General Funds

($2,485,000)

$0

$0

$0

207.4 Reduce funds from Family Planning programmatic aid, clinic sites, outreach, teen centers, youth development programs, and unobligated purchase of service dollars. (H:Transfer funds from the Support for Needy Families - Basic Assistance and Out of Home Care programs to partially restore funds)

Temporary Assistance for Needy Families Grant CFDA93.558

($3,500,479)

($536,713)

$0

$0

207.5 Reduce funds to reflect the revised revenue estimate.

FRIDAY, APRIL 3, 2009

5771

State General Funds

($1,571,171) ($1,571,171) ($1,571,171) ($1,571,171)

207.98 Transfer funds and activities for general grant-in-aid from the Adolescent and Adult Health Promotion, Adult Essential Health Treatment Services, Emergency Preparedness/Trauma System Improvement, Epidemiology, Immunization, Infant and Child Essential Health Treatment Services, Infant and Child Health Promotion, Infectious Disease Control, Injury Prevention, and Inspection and Environmental Hazard Control programs.

State General Funds Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

$71,857,328 $2,446,511 $6,105,228 $80,409,067

$71,857,328 $2,446,511 $6,105,228 $80,409,067

$71,857,328 $2,446,511 $0 $74,303,839

$71,857,328 $2,446,511 $0 $74,303,839

207.99

CC: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. Senate: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. House: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. Gov Rev: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services.

State General Funds

$0

$0

$0

$0

207.100-Public Health Formula Grants to Counties

Appropriation (HB 119)

The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services.

TOTAL STATE FUNDS

$59,718,503 $64,495,743 $68,154,008

State General Funds

$59,718,503 $64,495,743 $68,154,008

TOTAL FEDERAL FUNDS

$5,051,260

$8,015,026

$2,446,511

Medical Assistance Program CFDA93.778

$2,446,511

$2,446,511

$2,446,511

Temporary Assistance for Needy Families

$2,604,749

$5,568,515

Temporary Assistance for Needy Families Grant CFDA93.558

$2,604,749

$5,568,515

TOTAL PUBLIC FUNDS

$64,769,763 $72,510,769 $70,600,519

$68,154,008 $68,154,008 $2,446,511 $2,446,511
$70,600,519

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 PUBLIC FUNDS

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

$3,764,443 $3,764,443
$500,680 $500,680 $4,265,123

213.1 Defer the FY09 cost of living adjustment.

State General Funds

($78,045)

($78,045)

($78,045)

($78,045)

213.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

5772

JOURNAL OF THE HOUSE

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($280,400)

($252,880)

$0

$0

213.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,169

$4,169

$4,169

$4,169

213.100-Vital Records

Appropriation (HB 119)

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

$3,410,167

$3,437,687

$3,690,567

$3,690,567

State General Funds

$3,410,167

$3,437,687

$3,690,567

$3,690,567

TOTAL FEDERAL FUNDS

$500,680

$500,680

$500,680

$500,680

Federal Funds Not Itemized

$500,680

$500,680

$500,680

$500,680

TOTAL PUBLIC FUNDS

$3,910,847

$3,938,367

$4,191,247

$4,191,247

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250
$2,072,243

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250
$2,072,243

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250
$2,072,243

$1,968,993 $0
$1,968,993 $100,000 $100,000 $3,250 $3,250 $3,250
$2,072,243

214.1 Increase funds to reflect FY08 collections. Brain and Spinal Injury Trust Fund 214.2 Reduce funds to reflect the discontinuation of a federal grant. Federal Funds Not Itemized

$97,396 ($100,000)

$97,396 ($100,000)

$97,396 ($100,000)

$97,396 ($100,000)

214.100-Brain and Spinal Injury Trust Fund

Appropriation (HB 119)

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

$2,066,389

$2,066,389

$2,066,389

$2,066,389

Brain and Spinal Injury Trust Fund

$2,066,389

$2,066,389

$2,066,389

$2,066,389

TOTAL AGENCY FUNDS

$3,250

$3,250

$3,250

$3,250

FRIDAY, APRIL 3, 2009

5773

Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS
Planning and Regulatory Services TOTAL STATE FUNDS
State General Funds

$3,250 $3,250 $2,069,639

$3,250 $3,250 $2,069,639

Continuation Budget

$3,250 $3,250 $2,069,639
$0 $0

$3,250 $3,250 $2,069,639
$0 $0

500.1 Increase funds for one Adult Day Care position.

State General Funds

$90,921

500.97 Transfer funds and activities for the Office of Regulatory Services from the Department of Human Resources per SB433 (2008 Session).

State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$5,613,279 $4,080,600 $2,939,995
$72,549 $12,706,423

$5,613,279 $4,080,600 $2,939,995
$72,549 $12,706,423

500.98 Transfer remaining funds and activities from the Department of Human Resources related to the inspection and licensure of long term care and health care facilities that were not specifically identified in SB433 (2008 Session).

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$838,204 $1,441,305 $2,279,509

$838,204 $1,441,305 $2,279,509

500.99 CC: The purpose of this appropriation is to inspect and license long term care and health care facilities. Senate: The purpose of this appropriation is to inspect and license long term care and health care facilities.

State General Funds

$0

500.100-Planning and Regulatory Services

Appropriation (HB 119)

The purpose of this appropriation is to inspect and license long term care and health care facilities.

TOTAL STATE FUNDS

$6,451,483

State General Funds

$6,451,483

TOTAL FEDERAL FUNDS

$8,461,900

Federal Funds Not Itemized

$5,521,905

Medical Assistance Program CFDA93.778

$2,939,995

TOTAL AGENCY FUNDS

$72,549

Sales and Services

$72,549

Sales and Services Not Itemized

$72,549

TOTAL PUBLIC FUNDS

$14,985,932

$0
$6,542,404 $6,542,404 $8,461,900 $5,521,905 $2,939,995
$72,549 $72,549 $72,549 $15,076,853

5774

JOURNAL OF THE HOUSE

Departmental Administration-Public Health
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

501.1 Defer the FY09 cost of living adjustment for the Division of Public Health.

State General Funds

($344,319)

($344,319)

($344,319)

($344,319)

501.2 Defer structure adjustments to the statewide salary plan for the Division of Public Health.

State General Funds

($38,445)

($38,445)

($38,445)

($38,445)

501.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Public Health. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Public Health)

State General Funds

($993,938)

($896,388)

$0

$0

501.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Public Health.

State General Funds

$597,841

$597,841

$597,841

$597,841

501.5 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration of the Division of Public Health.

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($209,383) ($209,383)

($209,383) ($209,383)

($209,383) ($209,383)

($209,383) ($209,383)

501.6 Reduce funds by 6% for the Division of Public Health.

State General Funds

($1,404,654) ($1,404,654) ($1,404,654) ($1,404,654)

501.7 Reduce funds to reflect the revised revenue estimate for the Division of Public Health.

State General Funds

($172,438)

($172,438)

($172,438)

($172,438)

501.8 Reduce funds from the Office of Investigative Services and Inspector General.

State General Funds

($36,900)

$0

$0

501.9 Reduce merit system assessments from $147 to $137 per position for the Division of Public Health.

State General Funds

($25,777)

($25,777)

($25,777)

501.97 Transfer funds and activities related to the administration of Public Health from the Departmental Administration program.

State General Funds Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$20,305,550 $2,975,647
$31,070 $1,182,023 $1,134,462 $25,628,752

$20,305,550 $2,975,647 $31,070 $1,182,023 $1,134,462 $25,628,752

$20,305,550 $2,975,647 $31,070 $1,182,023 $1,134,462 $25,628,752

$20,305,550 $2,975,647 $31,070 $1,182,023 $1,134,462 $25,628,752

FRIDAY, APRIL 3, 2009

5775

501.98 Transfer funds and activities to the Departmental Administration and Program Support Public Health Administration subprogram.

State General Funds Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($18,917,758) ($2,766,264) ($31,070) ($1,182,023) ($1,134,462)
($24,031,577)

501.99 CC: The purpose of this appropriation is to provide administrative support for all public health programs in the department. Senate: The purpose of this appropriation is to provide administrative support for all public health programs in the department.

State General Funds

$0

$0

501.100-Departmental Administration-Public Health

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for all public health programs in the department.

TOTAL STATE FUNDS

$17,949,597 $17,984,470 $18,917,758

State General Funds

$17,949,597 $17,984,470 $18,917,758

TOTAL FEDERAL FUNDS

$3,979,357

$3,979,357

$3,979,357

Federal Funds Not Itemized

$2,766,264

$2,766,264

$2,766,264

Preventive Health & Health Services Block Grant CFDA93.991

$31,070

$31,070

$31,070

Temporary Assistance for Needy Families

$1,182,023

$1,182,023

$1,182,023

Temporary Assistance for Needy Families Grant CFDA93.558

$1,182,023

$1,182,023

$1,182,023

TOTAL AGENCY FUNDS

$1,134,462

$1,134,462

$1,134,462

Sales and Services

$1,134,462

$1,134,462

$1,134,462

Sales and Services Not Itemized

$1,134,462

$1,134,462

$1,134,462

TOTAL PUBLIC FUNDS

$23,063,416 $23,098,289 $24,031,577

It is the intention of this General Assembly that the Department of Community Health implement a direct bill system for revenue collection of the employer share of premium costs. The direct bill rates paid by state agencies in the direct bill system shall be set based on an equivalent amount of employer revenue appropriated on behalf of active and retired state employees in HB 210. The direct bill rates paid by local boards of education in the direct bill system shall be set based on an equivalent amount of employer revenue appropriated on behalf of active and retired teachers and school employees in HB 210, effective January 1, 2010. The employer contribution rate for the teachers' health benefit plan for Fiscal Year 2010 is calculated based on 18.534% and for the state employees' health benefit plan for Fiscal Year 2010 is calculated based on 22.165%.

Whereas, the Department of Community Health is the sole Administrator of the State Health Benefit Plan for purposes of collecting COBRA premiums and providing medical continuation coverage pursuant to federal COBRA law; and whereas, the American Recovery and Reinvestment Act of 2009 COBRA Premium Reduction rules require the Department of Community Health to provide COBRA coverage to certain "Assistance Eligible Individuals" upon receiving only 35% of COBRA premium payment from such individuals; therefore, the remaining 65% of the SHBP COBRA premium is to be recouped exclusively by DCH as the sole COBRA Administrator of SHBP through adjustments to DCH payroll taxes.

5776

JOURNAL OF THE HOUSE

Section 18: Corrections, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

$1,157,668,132 $1,157,668,132
$5,889,638 $5,889,638 $41,455,595 $9,599,502
$3,219 $3,406,391 $28,446,483
$956,324 $956,324 $1,205,969,689

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Rebates, Refunds, and Reimbursements Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$973,775,702 $971,876,888

$973,775,702 $971,876,888

$103,124,312 $103,124,312

$97,234,674 $97,234,674

$5,889,638

$5,889,638

$39,835,742 $39,835,742

$9,599,502

$9,599,502

$3,219

$3,219

$655,104

$655,104

$29,577,917 $29,577,917

$956,324

$956,324

$956,324

$956,324

$1,117,692,080 $1,115,793,266

$994,362,255 $994,362,255 $103,124,312 $97,234,674
$5,889,638 $39,835,742 $9,599,502
$3,219 $655,104 $29,577,917 $956,324 $956,324 $1,138,278,633

$986,640,067 $986,640,067 $103,124,312 $97,234,674
$5,889,638 $39,835,742 $9,599,502
$3,219 $655,104 $29,577,917 $956,324 $956,324 $1,130,556,445

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

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046

$6,408,425 $6,408,425
$20,743 $20,743 $172,046 $172,046

FRIDAY, APRIL 3, 2009

5777

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$172,046 $6,601,214

$172,046 $6,601,214

$172,046 $6,601,214

$172,046 $6,601,214

81.1 Defer the FY09 cost of living adjustment.

State General Funds

($45,348)

($45,348)

($45,348)

($45,348)

81.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,752)

($2,752)

($2,752)

($2,752)

81.3 Defer special adjustments to selected job classes.

State General Funds

($23,217)

($23,217)

($23,217)

($23,217)

81.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($32,681)

($32,681)

($32,681)

($32,681)

81.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($123,123)

($106,396)

$0

$0

81.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,136

$1,136

$1,136

$1,136

81.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($136,308)

($136,308)

($136,308)

($136,308)

81.99

CC: The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more security and supervision than provided by regular community supervision. Senate: The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more security and supervision than provided by regular community supervision.

State General Funds

$0

$0

81.100 -Bainbridge Probation Substance Abuse Treatment Center

Appropriation (HB 119)

The purpose of this appropriation is to provide housing, academic education, counseling, and substance abuse treatment for probationers who require more

security and supervision than provided by regular community supervision.

TOTAL STATE FUNDS

$6,046,132

$6,062,859

$6,169,255

$6,169,255

State General Funds

$6,046,132

$6,062,859

$6,169,255

$6,169,255

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

$172,046

$172,046

$172,046

$172,046

5778

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$172,046 $172,046 $6,238,921

$172,046 $172,046 $6,255,648

$172,046 $172,046 $6,362,044

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

$172,046 $172,046 $6,362,044
$6,196,724 $6,196,724 $6,196,724

82.1 Transfer funds from the Offender Management program.

State General Funds

$1,400,000

$1,400,000

$1,400,000

82.99 CC: The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing. Senate: The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing.

State General Funds

$0

$0

82.100 -County Jail Subsidy

Appropriation (HB 119)

The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after sentencing.

TOTAL STATE FUNDS

$6,196,724

$7,596,724

$7,596,724

$7,596,724

State General Funds

$6,196,724

$7,596,724

$7,596,724

$7,596,724

TOTAL PUBLIC FUNDS

$6,196,724

$7,596,724

$7,596,724

$7,596,724

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 AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$55,017,209 $55,017,209 $2,462,251 $2,462,251
$102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

$55,017,209 $55,017,209 $2,462,251
$2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

$55,017,209 $55,017,209
$2,462,251 $2,462,251
$102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

$55,017,209 $55,017,209 $2,462,251
$2,462,251 $102,491 $3,219 $3,219 $99,272 $99,272
$57,581,951

83.1 Defer the FY09 cost of living adjustment.

FRIDAY, APRIL 3, 2009

5779

State General Funds

($480,338)

($480,338)

($480,338)

($480,338)

83.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($29,152)

($29,152)

($29,152)

($29,152)

83.3 Defer special adjustments to selected job classes.

State General Funds

($6,805)

($6,805)

($6,805)

($6,805)

83.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,219,523) ($1,053,843)

$0

$0

83.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project. (CC:Utilize GTA reserves to fund the remaining amount needed)

State General Funds

$8,422,296

$8,422,296

$8,422,296

$4,200,000

83.6 Eliminate funds from the four Regional Training Academies and consolidate training activities to the Tift College campus.

State General Funds

($1,738,398) ($1,738,398) ($1,738,398) ($1,738,398)

83.7 Reduce funds from the communications center through the use of updated technology.

State General Funds

($361,757)

($361,757)

($361,757)

($361,757)

83.8 Reduce funds from various contracts including those for consulting and special projects that will be delayed for the long-term.

State General Funds

($260,100)

($260,100)

($260,100)

($260,100)

83.9 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($1,741,850) ($1,741,850) ($1,741,850) ($1,741,850)

83.10 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks.

State General Funds

($453,022)

($453,022)

($453,022)

($453,022)

83.11 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety Training Center to the Tift Academy.

State General Funds

$803,902

$803,902

$803,902

$803,902

83.12 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($3,405)

($3,405)

($3,405)

($3,405)

83.13 Reduce funds designated for vehicle purchases.

State General Funds

($412,720)

($412,720)

($412,720)

($412,720)

83.14 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP.

5780

JOURNAL OF THE HOUSE

State General Funds

$12,853

$12,853

$12,853

83.15 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP.

State General Funds

$21,434

$21,434

$21,434

83.16 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($296,054)

($296,054)

$12,853 $21,434 ($296,054)

83.100 -Departmental Administration

Appropriation (HB 119)

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

$57,570,624 $57,440,250 $58,494,093 $54,271,797

State General Funds

$57,570,624 $57,440,250 $58,494,093 $54,271,797

TOTAL FEDERAL FUNDS

$2,462,251

$2,462,251

$2,462,251

$2,462,251

Federal Funds Not Itemized

$2,462,251

$2,462,251

$2,462,251

$2,462,251

TOTAL AGENCY FUNDS

$102,491

$102,491

$102,491

$102,491

Rebates, Refunds, and Reimbursements

$3,219

$3,219

$3,219

$3,219

Rebates, Refunds, and Reimbursements Not Itemized

$3,219

$3,219

$3,219

$3,219

Sales and Services

$99,272

$99,272

$99,272

$99,272

Sales and Services Not Itemized

$99,272

$99,272

$99,272

$99,272

TOTAL PUBLIC FUNDS

$60,135,366 $60,004,992 $61,058,835 $56,836,539

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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$46,960,470 $46,960,470
$671,975 $671,975 $6,019,327
$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

$46,960,470 $46,960,470
$671,975 $671,975 $6,019,327
$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

$46,960,470 $46,960,470
$671,975 $671,975 $6,019,327
$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

$46,960,470 $46,960,470
$671,975 $671,975 $6,019,327
$16,491 $16,491 $6,002,836 $6,002,836 $53,651,772

84.1 Defer the FY09 cost of living adjustment. State General Funds 84.2 Defer structure adjustments to the statewide salary plan. State General Funds

($553,120) ($33,570)

($553,120) ($33,570)

($553,120) ($33,570)

($553,120) ($33,570)

FRIDAY, APRIL 3, 2009

5781

84.3 Defer special adjustments to selected job classes.

State General Funds

($258,988)

($258,988)

($258,988)

($258,988)

84.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($448,587)

($448,587)

($448,587)

($448,587)

84.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,246,177) ($1,076,876)

$0

$0

84.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$306,052

$306,052

$306,052

$306,052

84.7 Reduce funds by closing the I.W. Davis Probation Detention Center (PDC) and the Terrell PDC, as well as another PDC based on reduced demand resulting from legislation changing the calculation of time-served.

State General Funds

($5,816,109) ($5,816,109) ($5,816,109) ($5,816,109)

84.8 Transfer funds to the Transitional Center program due to the remissioning of one unit at the Emanuel PDC to a Transitional Center.

State General Funds

($2,314,792) ($2,314,792) ($2,314,792) ($2,314,792)

84.9 Transfer funds to the State Prisons program due to the remissioning of the West Central PDC to a Pre-Release Center.

State General Funds

($2,613,787) ($2,613,787) ($2,613,787) ($2,613,787)

84.10 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($1,466,790) ($1,466,790) ($1,466,790) ($1,466,790)

84.99

CC: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision. Senate: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for probationers who require more security or supervision than provided by regular community supervision.

State General Funds

$0

$0

84.100 -Detention Centers

Appropriation (HB 119)

The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for

probationers who require more security or supervision than provided by regular community supervision.

TOTAL STATE FUNDS

$32,514,602 $32,683,903 $33,760,779 $33,760,779

State General Funds

$32,514,602 $32,683,903 $33,760,779 $33,760,779

TOTAL FEDERAL FUNDS

$671,975

$671,975

$671,975

$671,975

Federal Funds Not Itemized

$671,975

$671,975

$671,975

$671,975

TOTAL AGENCY FUNDS

$6,019,327

$6,019,327

$6,019,327

$6,019,327

5782

JOURNAL OF THE HOUSE

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$16,491 $16,491 $6,002,836 $6,002,836 $39,205,904

$16,491 $16,491 $6,002,836 $6,002,836 $39,375,205

$16,491 $16,491 $6,002,836 $6,002,836 $40,452,081

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,017,358 $14,017,358 $2,100,000 $2,100,000
$2,100,000 $16,117,358

$14,017,358 $14,017,358 $2,100,000 $2,100,000 $2,100,000 $16,117,358

$14,017,358 $14,017,358
$2,100,000 $2,100,000 $2,100,000 $16,117,358

$16,491 $16,491 $6,002,836 $6,002,836 $40,452,081
$14,017,358 $14,017,358 $2,100,000 $2,100,000
$2,100,000 $16,117,358

85.1 Defer the FY09 cost of living adjustment.

State General Funds

($63,254)

($63,254)

($63,254)

($63,254)

85.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($3,839)

($3,839)

($3,839)

($3,839)

85.3 Defer special adjustments to selected job classes.

State General Funds

($10,407)

($10,407)

($10,407)

($10,407)

85.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($2,686)

($2,686)

($2,686)

($2,686)

85.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($180,563)

($156,032)

$0

$0

85.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$56,959

$56,959

$56,959

$56,959

85.7 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair State Prison (SP).

State General Funds

$16,927

$16,927

$16,927

$16,927

85.8 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($385,926)

($385,926)

($385,926)

($385,926)

FRIDAY, APRIL 3, 2009

5783

85.9 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety Training Center to the Tift Academy.

State General Funds

$602,285

$602,285

$602,285

$602,285

85.10 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($2,763)

($2,763)

($2,763)

($2,763)

85.11 Increase funds for two months of operating costs for the fast-track bed expansion at Smith SP and six months of operating costs for the fast-track bed expansion at Valdosta SP.

State General Funds

$34,227

$34,227

$34,227

$34,227

85.12 Increase funds for twelve months operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP.

State General Funds

$63,659

$63,659

$63,659

$63,659

85.13 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP. (CC:Reduce funds from operations)

State General Funds

($50,782)

($50,782)

85.99 CC: The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders. Senate: The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders.

State General Funds

$0

$0

85.100 -Food and Farm Operations

Appropriation (HB 119)

The purpose of this appropriation is to manage timber, raise crops and livestock, and produce dairy items used in preparing meals for offenders.

TOTAL STATE FUNDS

$14,141,977 $14,166,508 $14,271,758 $14,271,758

State General Funds

$14,141,977 $14,166,508 $14,271,758 $14,271,758

TOTAL AGENCY FUNDS

$2,100,000

$2,100,000

$2,100,000

$2,100,000

Sales and Services

$2,100,000

$2,100,000

$2,100,000

$2,100,000

Sales and Services Not Itemized

$2,100,000

$2,100,000

$2,100,000

$2,100,000

TOTAL PUBLIC FUNDS

$16,241,977 $16,266,508 $16,371,758 $16,371,758

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

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

$218,169,039 $218,169,039
$8,390,000 $8,390,000 $8,390,000 $226,559,039

5784

JOURNAL OF THE HOUSE

86.1 Defer the FY09 cost of living adjustment.

State General Funds

($166,174)

($166,174)

($166,174)

($166,174)

86.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($10,085)

($10,085)

($10,085)

($10,085)

86.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($417,431)

($360,720)

$0

$0

86.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$27,996

$27,996

$27,996

$27,996

86.5 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP.

State General Funds

$827,314

$827,314

$827,314

$827,314

86.6 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP.

State General Funds

$1,541,333

$1,541,333

$1,541,333

$1,541,333

86.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($2,142,449) ($2,142,449) ($2,142,449) ($2,142,449)

86.8 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair SP.

State General Funds

$18,390

$18,390

$18,390

$18,390

86.9 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($781,583)

($781,583)

($781,583)

($781,583)

86.10 Increase funds for inmate health care.

State General Funds

$1,300,000

$1,300,000

$1,300,000

$1,300,000

86.11 Reduce funds from emergent care due cost savings from HB350 (2009 Session).

State General Funds

($4,600,000) ($4,600,000) ($4,600,000)

86.12 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP. (CC:Reduce funds from operations)

State General Funds

($54,120)

($54,012)

86.99 CC: The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional system. Senate: The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the

FRIDAY, APRIL 3, 2009

5785

state correctional system.

State General Funds

$0

$0

86.100 -Health

Appropriation (HB 119)

The purpose of this appropriation is to provide the required constitutional level of physical, dental, and mental health care to all inmates of the state correctional

system.

TOTAL STATE FUNDS

$218,366,350 $213,823,061 $214,129,661 $214,129,769

State General Funds

$218,366,350 $213,823,061 $214,129,661 $214,129,769

TOTAL AGENCY FUNDS

$8,390,000

$8,390,000

$8,390,000

$8,390,000

Sales and Services

$8,390,000

$8,390,000

$8,390,000

$8,390,000

Sales and Services Not Itemized

$8,390,000

$8,390,000

$8,390,000

$8,390,000

TOTAL PUBLIC FUNDS

$226,756,350 $222,213,061 $222,519,661 $222,519,769

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

$44,612,613 $44,612,613
$30,000 $30,000 $30,000 $44,642,613

87.1 Defer the FY09 cost of living adjustment.

State General Funds

($46,013)

($46,013)

($46,013)

($46,013)

87.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,793)

($2,793)

($2,793)

($2,793)

87.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($134,331)

($116,081)

$0

$0

87.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$123,514

$123,514

$123,514

$123,514

87.5 Reduce funds by reducing the number of Canine Units from thirty-one teams to seventeen teams.

State General Funds

($78,782)

($78,782)

($78,782)

($78,782)

5786

JOURNAL OF THE HOUSE

87.6 Eliminate funds and discontinue the Department's participation in two regional fugitive squads.

State General Funds

($543,171)

($543,171)

($543,171)

($543,171)

87.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($180,808)

($180,808)

($180,808)

($180,808)

87.8 Transfer funds to the County Jail Subsidy program as a result of managing bed space at County Correctional Institutions (CCI) at a 95% utilization rate.

State General Funds

($1,400,000) ($1,400,000) ($1,400,000)

87.99

CC: The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release and agreements unit, and tactical squads. Senate: The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release and agreements unit, and tactical squads.

State General Funds

$0

$0

87.100 -Offender Management

Appropriation (HB 119)

The purpose of this appropriation is to coordinate and operate the following agency wide support services to ensure public safety: canine units, the County

Correctional Institutions program, Correctional Emergency Response Teams, inmate classification, inmate diagnostics, the jail coordination unit, the release

and agreements unit, and tactical squads.

TOTAL STATE FUNDS

$43,750,229 $42,368,479 $42,484,560 $42,484,560

State General Funds

$43,750,229 $42,368,479 $42,484,560 $42,484,560

TOTAL AGENCY FUNDS

$30,000

$30,000

$30,000

$30,000

Sales and Services

$30,000

$30,000

$30,000

$30,000

Sales and Services Not Itemized

$30,000

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$43,780,229 $42,398,479 $42,514,560 $42,514,560

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

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

$4,658,760 $4,658,760
$10,510 $10,510 $405,000 $405,000 $405,000 $5,074,270

FRIDAY, APRIL 3, 2009

5787

88.1 Defer the FY09 cost of living adjustment.

State General Funds

($48,073)

($48,073)

($48,073)

($48,073)

88.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,918)

($2,918)

($2,918)

($2,918)

88.3 Defer special adjustments to selected job classes.

State General Funds

($24,818)

($24,818)

($24,818)

($24,818)

88.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($111,028)

($111,028)

($111,028)

($111,028)

88.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($126,585)

($109,388)

$0

$0

88.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$35,593

$35,593

$35,593

$35,593

88.7 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($145,561)

($145,561)

($145,561)

($145,561)

88.8 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks.

State General Funds

($18,476)

($18,476)

($18,476)

($18,476)

88.99

CC: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for parole violators in a secure and supervised setting. Senate: The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for parole violators in a secure and supervised setting.

State General Funds

$0

$0

88.100 -Parole Revocation Centers

Appropriation (HB 119)

The purpose of this appropriation is to provide housing, academic education, vocational training, work details, counseling, and substance abuse treatment for

parole violators in a secure and supervised setting.

TOTAL STATE FUNDS

$4,216,894

$4,234,091

$4,343,479

$4,343,479

State General Funds

$4,216,894

$4,234,091

$4,343,479

$4,343,479

TOTAL FEDERAL FUNDS

$10,510

$10,510

$10,510

$10,510

Federal Funds Not Itemized

$10,510

$10,510

$10,510

$10,510

TOTAL AGENCY FUNDS

$405,000

$405,000

$405,000

$405,000

Sales and Services

$405,000

$405,000

$405,000

$405,000

5788

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$405,000 $4,632,404

$405,000 $4,649,601

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

$85,297,250 $85,297,250 $85,297,250

$85,297,250 $85,297,250 $85,297,250

$405,000 $4,758,989
$85,297,250 $85,297,250 $85,297,250

$405,000 $4,758,989
$85,297,250 $85,297,250 $85,297,250

89.1 Increase funds to annualize the 750 private prison bed expansion. (Gov Rev and H:Reduce funds by $10,787,675 to reflect the revised revenue estimate)(S and CC:Increase funds to make provisions for extended ramp-up times)

State General Funds

$1,000,000

$1,000,000

$7,000,000

$3,500,000

89.2 Reduce funds received in HB990 (FY09G) for the Consumer Price Index (CPI) increase. (H:Utilize $1,004,000 of existing private prison expansion funding for CPI reduction and $1,004,000 for the expansion RFP)(S:Utilize $2,080,000 for the expansion RFP)(CC:Utilize $2,080,000 for a CPI adjustment for private prisons)

State General Funds

($2,017,747) ($2,017,747) ($2,017,747) ($2,017,747)

89.99 CC: The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. Senate: The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety.

State General Funds

$0

$0

89.100 -Private Prisons

Appropriation (HB 119)

The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety.

TOTAL STATE FUNDS

$84,279,503 $84,279,503 $90,279,503 $86,779,503

State General Funds

$84,279,503 $84,279,503 $90,279,503 $86,779,503

TOTAL PUBLIC FUNDS

$84,279,503 $84,279,503 $90,279,503 $86,779,503

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

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

$7,628,790 $7,628,790 $3,105,003 $2,751,287 $2,751,287
$353,716 $353,716 $10,733,793

FRIDAY, APRIL 3, 2009

5789

90.1 Defer the FY09 cost of living adjustment.

State General Funds

($172,258)

($172,258)

($172,258)

($172,258)

90.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($10,455)

($10,455)

($10,455)

($10,455)

90.3 Defer the special adjustments to selected job classes.

State General Funds

($47,634)

($47,634)

($47,634)

($47,634)

90.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($61,334)

($61,334)

($61,334)

($61,334)

90.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

$0

($224,292)

$0

$0

90.6 Eliminate funds and close the remaining four Probation Diversion Centers (DC).

State General Funds Royalties and Rents Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($3,158,730) ($2,751,287)
($353,716) ($6,263,733)

($3,158,730) ($2,751,287)
($353,716) ($6,263,733)

($3,158,730) ($2,751,287)
($353,716) ($6,263,733)

($3,158,730) ($2,751,287)
($353,716) ($6,263,733)

90.7 Transfer funds to the Probation Supervision program to open six new Day Reporting Centers (DRC) and annualize the costs for Gainesville DRC, Atlanta DRC, and Waycross DRC.

State General Funds

($3,875,323) ($3,875,323) ($3,875,323) ($3,875,323)

90.8 Transfer funds to the Transitional Centers program due to the remissioning of the Clayton DC to a Transitional Center.

State General Funds

($78,764)

($78,764)

($78,764)

($78,764)

90.9 Eliminate remaining funds.

State General Funds

($224,292)

($224,292)

90.100 -Probation Diversion Centers

Appropriation (HB 119)

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

$224,292

State General Funds

$224,292

TOTAL PUBLIC FUNDS

$224,292

Probation Supervision The purpose of this appropriation is to supervise probationers.

Continuation Budget

5790

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 PUBLIC FUNDS

$86,521,774 $86,521,774
$60,032 $60,032 $159,114 $159,114 $159,114 $86,740,920

$86,521,774 $86,521,774
$60,032 $60,032 $159,114 $159,114 $159,114 $86,740,920

$86,521,774 $86,521,774
$60,032 $60,032 $159,114 $159,114 $159,114 $86,740,920

$86,521,774 $86,521,774
$60,032 $60,032 $159,114 $159,114 $159,114 $86,740,920

91.1 Defer the FY09 cost of living adjustment.

State General Funds

($836,830)

($836,830)

($836,830)

($836,830)

91.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($50,788)

($50,788)

($50,788)

($50,788)

91.3 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($448)

($448)

($448)

($448)

91.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,700,685) ($2,109,487)

$0

$0

91.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,159,472

$1,159,472

$1,159,472

$1,159,472

91.6 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($2,282,301) ($2,282,301) ($2,282,301) ($2,282,301)

91.7 Transfer funds from the Probation Diversion Centers program to open six new Day Reporting Centers (DRC) and annualize the costs of Gainesville DRC, Atlanta DRC, and Waycross DRC.

State General Funds

$3,875,323

$3,875,323

$3,875,323

$3,875,323

91.8 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks.

State General Funds

($4,859)

($4,859)

($4,859)

($4,859)

91.9 Reduce funds designated for vehicle purchases.

State General Funds

($25,426)

($25,426)

($25,426)

($25,426)

91.10 Replace funds to reflect the collection of a new Day Reporting Center supervision fee.

FRIDAY, APRIL 3, 2009

5791

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($675,000) $1,485,150
$810,150

($675,000) $1,485,150
$810,150

($1,485,150) $1,485,150
$0

($1,485,150) $1,485,150
$0

91.99

CC: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. Senate: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence.

State General Funds

$0

$0

91.100 -Probation Supervision

Appropriation (HB 119)

The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and

field supervision, as well as support the Georgia Commission on Family Violence.

TOTAL STATE FUNDS

$84,980,232 $85,571,430 $86,870,767 $86,870,767

State General Funds

$84,980,232 $85,571,430 $86,870,767 $86,870,767

TOTAL FEDERAL FUNDS

$60,032

$60,032

$60,032

$60,032

Federal Funds Not Itemized

$60,032

$60,032

$60,032

$60,032

TOTAL AGENCY FUNDS

$1,644,264

$1,644,264

$1,644,264

$1,644,264

Sales and Services

$1,644,264

$1,644,264

$1,644,264

$1,644,264

Sales and Services Not Itemized

$1,644,264

$1,644,264

$1,644,264

$1,644,264

TOTAL PUBLIC FUNDS

$86,684,528 $87,275,726 $88,575,063 $88,575,063

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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637

$553,749,700 $553,749,700
$2,664,127 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $578,111,637

5792

JOURNAL OF THE HOUSE

92.1 Defer the FY09 cost of living adjustment.

State General Funds

($5,281,438) ($5,281,438) ($5,281,438) ($5,281,438)

92.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($320,537)

($320,537)

($320,537)

($320,537)

92.3 Defer special adjustments to selected job classes.

State General Funds

($2,673,526) ($2,673,526) ($2,673,526) ($2,673,526)

92.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($3,657,640) ($3,657,640) ($3,657,640) ($3,657,640)

92.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($15,085,940) ($13,036,415)

$0

$0

92.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,007,652

$3,007,652

$3,007,652

$3,007,652

92.7 Reduce funds from Academic Education.

State General Funds

($331,320)

($331,320)

($331,320)

($331,320)

92.8 Reduce funds from Vocational Education.

State General Funds

($116,751)

($116,751)

($116,751)

($116,751)

92.9 Increase funds for two months of operating costs for the fast-track bed expansion at Smith State Prison (SP) and six months of operating costs for the fast-track bed expansion at Valdosta SP.

State General Funds

$1,534,831

$1,534,831

$1,534,831

$1,534,831

92.10 Reduce funds and close Homerville SP, Rivers SP, Milan SP, Wayne SP, West Georgia Boot Camp, and Pelham Pre-Release Center.

State General Funds

($24,555,581) ($24,555,581) ($24,555,581) ($24,555,581)

92.11 Increase funds for twelve months of operating costs for the fast-track bed expansions at Hays SP, Coastal SP, and Ware SP.

State General Funds

$2,137,402

$2,137,402

$2,137,402

$2,137,402

92.12 Transfer funds from the Detention Center program due to the remissioning of the West Central Probation Detention Center to a Pre-Release Center.

State General Funds

$2,613,787

$2,613,787

$2,613,787

$2,613,787

92.13 Reduce funds from fire services and eliminate seven central staff positions.

State General Funds

($615,438)

($615,438)

$0

$0

92.14 Increase funds for start-up costs associated with the 256 fast-track bed expansion at Telfair SP.

State General Funds

$812,970

$812,970

$812,970

$812,970

FRIDAY, APRIL 3, 2009

5793

92.15 Reduce funds and the number of Canine Units from thirty-one teams to seventeen teams.

State General Funds

($450,984)

($450,984)

($450,984)

($450,984)

92.16 Reduce funds by limiting the use of security overtime.

State General Funds

($4,342,733) ($4,342,733) ($4,342,733) ($4,342,733)

92.17 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($15,623,852) ($15,623,852) ($15,623,852) ($15,623,852)

92.18 Increase funds for costs associated with the move of the Georgia Corrections Academy from the Georgia Public Safety Training Center to the Tift Academy.

State General Funds

$1,337,363

$1,337,363

$1,337,363

$1,337,363

92.19 Reduce funds through a shift in staffing patterns for hourly chaplains, counselors, secretaries, and clerks.

State General Funds

($593,283)

($593,283)

($593,283)

($593,283)

92.20 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($97,234,674) $97,234,674
$0

($97,234,674) $97,234,674
$0

($97,234,674) $97,234,674
$0

($97,234,674) $97,234,674
$0

92.21 Reduce funds received in HB990 (FY09G) for startup costs for the fast track bed expansions at Coastal SP, Hays SP, and Ware SP. (CC:Reduce funds from operations)

State General Funds

($2,055,273) ($2,055,273)

92.99

CC: The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society through the use of Pre-Release Centers; and to provide fire services and work details to the Department, state agencies, and local communities. Senate: The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society through the use of Pre-Release Centers; and to provide fire services and work details to the Department, state agencies, and local communities.

State General Funds

$0

$0

92.100 -State Prisons

Appropriation (HB 119)

The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment

for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the

reentry of these offenders back into society through the use of Pre-Release Centers; and to provide fire services and work details to the Department, state

agencies, and local communities.

TOTAL STATE FUNDS

$394,310,008 $396,359,533 $407,956,113 $407,956,113

State General Funds

$394,310,008 $396,359,533 $407,956,113 $407,956,113

5794

JOURNAL OF THE HOUSE

TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$99,898,801 $97,234,674 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $515,906,619

$99,898,801 $97,234,674 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $517,956,144

$99,898,801 $97,234,674 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $529,552,724

$99,898,801 $97,234,674 $2,664,127 $20,972,614 $9,583,011 $9,583,011
$655,104 $655,104 $10,734,499 $10,734,499 $725,196 $725,196 $725,196 $529,552,724

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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

$28,430,020 $28,430,020
$231,128 $231,128 $231,128 $28,661,148

93.1 Defer the FY09 cost of living adjustment.

State General Funds

($249,618)

($249,618)

($249,618)

($249,618)

93.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($15,149)

($15,149)

($15,149)

($15,149)

93.3 Defer special adjustments to selected job classes.

State General Funds

($99,272)

($99,272)

($99,272)

($99,272)

93.4 Defer the special pay raise received for correctional officers to address recruitment, retention, and compression issues.

State General Funds

($162,512)

($162,512)

($162,512)

($162,512)

93.5 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

FRIDAY, APRIL 3, 2009

5795

State General Funds

($827,428)

($715,016)

$0

$0

93.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$200,214

$200,214

$200,214

$200,214

93.7 Reduce funds and delay the opening of the Dublin Transitional Center (TC).

State General Funds

($1,644,473) ($1,644,473) ($1,644,473) ($1,644,473)

93.8 Transfer funds from the Detention Centers program due to the remissioning of the Emanuel Probation Detention Center (PDC) to a Transitional Center.

State General Funds

$2,314,792

$2,314,792

$2,314,792

$2,314,792

93.9 Transfer funds from the Probation Diversion Centers program due to the remissioning of the Clayton Diversion Center to a Transitional Center.

State General Funds

$78,764

$78,764

$78,764

$78,764

93.10 Reduce funds through operational efficiencies, various energy saving measures, and restructured staffing patterns.

State General Funds

($847,203)

($847,203)

($847,203)

($847,203)

93.99

CC: The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center. Senate: The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving housing, academic education, counseling, and substance abuse treatment in a structured center.

State General Funds

$0

$0

93.100 -Transitional Centers

Appropriation (HB 119)

The purpose of this appropriation is to provide "work release," allowing inmates to obtain and maintain a paying job in the community, while still receiving

housing, academic education, counseling, and substance abuse treatment in a structured center.

TOTAL STATE FUNDS

$27,178,135 $27,290,547 $28,005,563 $28,005,563

State General Funds

$27,178,135 $27,290,547 $28,005,563 $28,005,563

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$231,128

$231,128

$231,128

$231,128

Agency Funds Transfers

$231,128

$231,128

$231,128

$231,128

Agency Fund Transfers Not Itemized

$231,128

$231,128

$231,128

$231,128

TOTAL PUBLIC FUNDS

$27,409,263 $27,521,675 $28,236,691 $28,236,691

Section 19: Defense, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances

Section Total - Continuation

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500

$11,716,641 $11,716,641 $28,312,701 $28,312,701
$816,341 $2,500

5796

JOURNAL OF THE HOUSE

Interest and Investment Income Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS

$400 $151,022 $662,419 $40,845,683

$400 $151,022 $662,419 $40,845,683

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 - Final

$9,707,592

$9,745,300

$9,707,592

$9,745,300

$27,693,338 $27,693,338

$27,693,338 $27,693,338

$816,341

$816,341

$2,500

$2,500

$400

$400

$151,022

$151,022

$662,419

$662,419

$38,217,271 $38,254,979

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

$1,326,490 $1,326,490
$409,445 $409,445 $1,735,935

$1,326,490 $1,326,490
$409,445 $409,445 $1,735,935

$400 $151,022 $662,419 $40,845,683
$10,693,740 $10,693,740 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $39,822,782
$1,326,490 $1,326,490
$409,445 $409,445 $1,735,935

$400 $151,022 $662,419 $40,845,683
$10,693,740 $10,693,740 $28,312,701 $28,312,701
$816,341 $2,500 $400
$151,022 $662,419 $39,822,782
$1,326,490 $1,326,490
$409,445 $409,445 $1,735,935

94.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,246)

($11,246)

($11,246)

($11,246)

94.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,684)

($2,684)

($2,684)

($2,684)

94.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($34,473)

($29,790)

$0

$0

94.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$299

$299

$299

$299

94.5 Reduce funds and limit travel to out-of-state conferences and meetings.

FRIDAY, APRIL 3, 2009

5797

State General Funds

($4,000)

($4,000)

($4,000)

($4,000)

94.6 Transfer funds to the Military Readiness program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion.

State General Funds

($66,000)

($66,000)

($66,000)

($66,000)

94.7 Eliminate funds for the Recruiting Incentive Bonus Program and bonus payments of $150 per recruit to any guardsman that successfully influences an individual to join the Georgia National Guard.

State General Funds

($55,000)

($55,000)

($55,000)

($55,000)

94.8 Reduce funds and defer filling vacancies.

State General Funds

($58,300)

($58,300)

($58,300)

($58,300)

94.100 -Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia.

TOTAL STATE FUNDS

$1,095,086

$1,099,769

State General Funds

$1,095,086

$1,099,769

TOTAL FEDERAL FUNDS

$409,445

$409,445

Federal Funds Not Itemized

$409,445

$409,445

TOTAL PUBLIC FUNDS

$1,504,531

$1,509,214

$1,129,559 $1,129,559
$409,445 $409,445 $1,539,004

$1,129,559 $1,129,559
$409,445 $409,445 $1,539,004

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

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

$5,052,603 $5,052,603 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,969,077

95.1 Defer the FY09 cost of living adjustment. State General Funds

($45,218)

($45,218)

($45,218)

($45,218)

5798

JOURNAL OF THE HOUSE

95.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($10,794)

($10,794)

($10,794)

($10,794)

95.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($106,294)

($91,853)

$0

$0

95.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$683

$683

$683

$683

95.5 Reduce funds and defer filling vacancies.

State General Funds

($252,130)

($252,130)

($252,130)

($252,130)

95.6 Reduce funds from operations.

State General Funds

($8,231)

($8,231)

($8,231)

($8,231)

95.7 Reduce funds and limit travel to out-of-state conferences and meetings.

State General Funds

($3,000)

($3,000)

($3,000)

($3,000)

95.8 Transfer funds from the Departmental Administration program to cover costs associated with the lease of a facility in Cumming, Georgia for the newly acquired 348th Brigade Support Battalion.

State General Funds

$66,000

$66,000

$66,000

$66,000

95.9 Reduce funds for the "Georgia Guardsman" and "Airlift Chronicle" by utilizing alternative means of publication.

State General Funds

($26,000)

($26,000)

($26,000)

($26,000)

95.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($98,527)

($98,527)

($98,527)

($98,527)

95.11 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($1,321)

($1,321)

($1,321)

95.99

CC: The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster. Senate: The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster.

State General Funds

$0

$0

95.100 -Military Readiness

Appropriation (HB 119)

The purpose of this appropriation is to provide an Army National Guard, Air National Guard, and State Defense Force for the state of Georgia that can be

activated and deployed at the direction of the President or the Governor for a man made crisis or natural disaster.

FRIDAY, APRIL 3, 2009

5799

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

$4,569,092 $4,569,092 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,485,566

$4,582,212 $4,582,212 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,498,686

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

$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

$4,674,065 $4,674,065 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,590,539
$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

$4,674,065 $4,674,065 $20,100,133 $20,100,133
$816,341 $2,500 $2,500 $400 $400
$151,022 $151,022 $662,419 $662,419 $25,590,539
$5,337,548 $5,337,548 $7,803,123 $7,803,123 $13,140,671

96.1 Defer the FY09 cost of living adjustment.

State General Funds

($38,349)

($38,349)

($38,349)

($38,349)

96.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($9,153)

($9,153)

($9,153)

($9,153)

96.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($146,515)

($126,610)

$0

$0

96.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$70

$70

$70

$70

96.5 Reduce funds received in HB990 (FY09G) for STARBASE of Savannah.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

5800

JOURNAL OF THE HOUSE

96.6 Reduce funds from the Youth Challenge Academies by eliminating one platoon of fifty students per class cycle at each academy.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($700,187)

($700,187)

$0

$0

($619,363)

($619,363)

$0

$0

($1,319,550) ($1,319,550)

$0

$0

96.99

CC: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs. Senate: The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase programs.

State General Funds

$0

$0

96.100 -Youth Educational Services

Appropriation (HB 119)

The purpose of this appropriation is to provide educational and vocational opportunities to at-risk youth through Youth Challenge Academies and Starbase

programs.

TOTAL STATE FUNDS

$4,043,414

$4,063,319

$4,890,116

$4,890,116

State General Funds

$4,043,414

$4,063,319

$4,890,116

$4,890,116

TOTAL FEDERAL FUNDS

$7,183,760

$7,183,760

$7,803,123

$7,803,123

Federal Funds Not Itemized

$7,183,760

$7,183,760

$7,803,123

$7,803,123

TOTAL PUBLIC FUNDS

$11,227,174 $11,247,079 $12,693,239 $12,693,239

Section 20: Driver Services, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Continuation

$62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551

$62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551

$62,791,511 $62,791,511
$2,844,040 $2,844,040 $65,635,551

$62,791,511 $62,791,511 $2,844,040 $2,844,040 $65,635,551

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$56,337,015 $58,548,538

$56,337,015 $58,548,538

$2,844,040

$2,844,040

$2,844,040

$2,844,040

$59,181,055 $61,392,578

$57,751,761 $57,751,761 $2,844,040 $2,844,040 $60,595,801

$59,251,761 $59,251,761 $2,844,040 $2,844,040 $62,095,801

Customer Service Support

Continuation Budget

The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS State General Funds

$9,397,002 $9,397,002

$9,397,002 $9,397,002

$9,397,002 $9,397,002

$9,397,002 $9,397,002

FRIDAY, APRIL 3, 2009

5801

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$500,857 $500,857 $500,857 $9,897,859

$500,857 $500,857 $500,857 $9,897,859

$500,857 $500,857 $500,857 $9,897,859

$500,857 $500,857 $500,857 $9,897,859

97.1 Defer the FY09 cost of living adjustment.

State General Funds

($64,146)

($64,146)

($64,146)

($64,146)

97.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($773)

($773)

($773)

($773)

97.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($207,324)

($179,158)

$0

$0

97.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$194,045

$194,045

$194,045

$194,045

97.5 Reduce funds from operations.

State General Funds

($55,717)

($55,717)

($55,717)

($55,717)

97.6 Reduce funds due to modifications in service delivery and costs.

State General Funds

($43,362)

($43,362)

($43,362)

($43,362)

97.7 Reduce funds for public service announcements, travel, and recruitment.

State General Funds

($191,599)

($191,599)

($191,599)

($191,599)

97.8 Reduce funds received in HB990 (FY09G) for two positions for the Secure License initiative.

State General Funds

($101,411)

($101,411)

($101,411)

($101,411)

97.9 Reduce funds for data line charges due to efficiencies realized after driver data cleanup.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

97.10 Reduce funds for postage expenses by using electronic receipt of certified mail.

State General Funds

($59,600)

($59,600)

($59,600)

($59,600)

97.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($88,714)

($88,714)

($88,714)

($88,714)

97.12 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($12,359)

($12,359)

($12,359)

5802

JOURNAL OF THE HOUSE

97.100 -Customer Service Support

Appropriation (HB 119)

The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance.

TOTAL STATE FUNDS

$8,678,401

$8,694,208

$8,873,366

State General Funds

$8,678,401

$8,694,208

$8,873,366

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

$9,179,258

$9,195,065

$9,374,223

$8,873,366 $8,873,366
$500,857 $500,857 $500,857 $9,374,223

License Issuance

Continuation Budget

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 State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$48,970,925 $48,970,925 $1,827,835 $1,827,835
$1,827,835 $50,798,760

$48,970,925 $48,970,925 $1,827,835 $1,827,835 $1,827,835 $50,798,760

$48,970,925 $48,970,925
$1,827,835 $1,827,835 $1,827,835 $50,798,760

$48,970,925 $48,970,925 $1,827,835 $1,827,835
$1,827,835 $50,798,760

98.1 Defer the FY09 cost of living adjustment.

State General Funds

($357,448)

($357,448)

($357,448)

($357,448)

98.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($4,308)

($4,308)

($4,308)

($4,308)

98.3 Defer salary adjustments for critical jobs.

State General Funds

($332,192)

($332,192)

($332,192)

($332,192)

98.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,155,289)

($998,335)

$0

$0

98.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$921,479

$921,479

$921,479

$921,479

98.6 Reduce one-time funds received to reprogram and update the driver license issuance system to accommodate revised business requirements related to the Digitized Licensing System.

State General Funds

($654,950)

($654,950)

($654,950)

($654,950)

98.7 Reduce funds from operations.

FRIDAY, APRIL 3, 2009

5803

State General Funds

($199,499)

($199,499)

($199,499)

($199,499)

98.8 Increase funds for card costs associated with technology, security, and process improvement solutions offered through the new Digitized Licensing System.

State General Funds

$3,853,249

$3,853,249

$3,853,249

$3,853,249

98.9 Reduce funds from the remainder of the Electronic Document Imaging System development contract.

State General Funds

($968,500)

($968,500)

($968,500)

($968,500)

98.10 Reduce funds designated to purchase vehicles.

State General Funds

($130,000)

($130,000)

($130,000)

($130,000)

98.11 Reduce funds and cease payments to courts for filing traffic citation information electronically due to a potential statute change.

State General Funds

($359,824)

($359,824)

($359,824)

($359,824)

98.12 Reduce funds received in HB95 (FY08G) for the Walton County Customer Service Center by opening the center at a 50% staffing level and holding eleven positions vacant.

State General Funds

($394,495)

($394,495)

($394,495)

($394,495)

98.13 Reduce funds for public service announcements, travel, and recruitment.

State General Funds

($66,055)

($66,055)

($66,055)

($66,055)

98.14 Reduce funds for the printing of driver license manuals through monitored distribution and utilization of online versions.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

98.15 Reduce funds due to modifications in service delivery and costs.

State General Funds

($301,890)

($301,890)

($301,890)

($301,890)

98.16 Reduce funds received in HB990 (FY09G) for twenty-five positions for the Secure License initiative.

State General Funds

($895,308)

($895,308)

($895,308)

($895,308)

98.17 Reduce funds and defer opening the Clayton Customer Service Center and relocating the Toccoa Customer Service Center and eliminate three positions.

State General Funds

($135,842)

($135,842)

($135,842)

($135,842)

98.18 Reduce funds for data line charges due to efficiencies realized after driver data cleanup.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

98.19 Reduce funds by using electronic receipt of certified mail.

State General Funds

($49,600)

($49,600)

($49,600)

($49,600)

98.20 Reduce funds from printing Voter Identification cards.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

98.21 Reduce funds to reflect the revised revenue estimate.

State General Funds

($468,852)

($468,852)

($468,852)

($468,852)

5804

JOURNAL OF THE HOUSE

98.99

CC: The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud. Senate: The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud.

State General Funds

$0

$0

98.100 -License Issuance

Appropriation (HB 119)

The purpose of this appropriation is to issue and renew drivers' licenses, maintain driver records, operate Customer Service Centers, provide online access to

services, provide motorcycle safety instruction, produce driver manuals, and investigate driver's license fraud.

TOTAL STATE FUNDS

$46,671,601 $46,828,555 $47,826,890 $47,826,890

State General Funds

$46,671,601 $46,828,555 $47,826,890 $47,826,890

TOTAL AGENCY FUNDS

$1,827,835

$1,827,835

$1,827,835

$1,827,835

Sales and Services

$1,827,835

$1,827,835

$1,827,835

$1,827,835

Sales and Services Not Itemized

$1,827,835

$1,827,835

$1,827,835

$1,827,835

TOTAL PUBLIC FUNDS

$48,499,436 $48,656,390 $49,654,725 $49,654,725

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

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

$4,423,584 $4,423,584
$515,348 $515,348 $515,348 $4,938,932

99.1 Defer the FY09 cost of living adjustment.

State General Funds

($19,954)

($19,954)

($19,954)

($19,954)

99.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($241)

($241)

($241)

($241)

99.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($64,492)

($55,730)

$0

$0

99.4 Reduce funds from the Alcohol and Drug Awareness Program for classroom based instruction and realize savings by offering the program online.

FRIDAY, APRIL 3, 2009

5805

State General Funds

($120,000)

$0

($120,000)

($120,000)

99.5 Reduce funds from operations.

State General Funds

($15,269)

($15,269)

($15,269)

($15,269)

99.6 Reduce funds by eliminating two positions and instituting risk-based auditing for drivers' education and commercial driver licenses third-party testing programs.

State General Funds

($80,000)

($80,000)

($80,000)

($80,000)

99.7 Reduce funds for public service announcements, travel, and recruitment.

State General Funds

($8,500)

($8,500)

($8,500)

($8,500)

99.8 Reduce funds due to modifications in service delivery and operations costs.

State General Funds

($357,314)

($357,314)

($357,314)

($357,314)

99.9 Reduce and defer funds for the Georgia Driver's Education Commission. (H:Partially restore funds to provide grants - maximum grant allowance of $100,000 - to schools which currently do not have a licensed Driver's Education program, and have never received a Georgia Driver's Education Commission grant)(CC:Provide funds for fifteen recipients)

State General Funds

($2,756,218)

($846,218) ($2,756,218) ($1,256,218)

99.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($14,583)

($14,583)

($14,583)

($14,583)

99.99

CC: The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify ignition interlock device providers. Senate: The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify ignition interlock device providers.

State General Funds

$0

$0

99.100 -Regulatory Compliance

Appropriation (HB 119)

The purpose of this appropriation is to regulate driver safety and education programs for both novice and problem drivers by approving driver education

curricula and auditing third-party driver education providers for compliance with state laws and regulations. The purpose of this appropriation is also to certify

ignition interlock device providers.

TOTAL STATE FUNDS

$987,013

$3,025,775

$1,051,505

$2,551,505

State General Funds

$987,013

$3,025,775

$1,051,505

$2,551,505

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

$1,502,361

$3,541,123

$1,566,853

$3,066,853

Section 21: Early Care and Learning, Department of

5806

JOURNAL OF THE HOUSE

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

$341,592,254 $4,574,106
$337,018,148 $124,640,740
$22,136,870 $102,503,870
$55,000 $55,000 $466,287,994

$341,592,254 $4,574,106
$337,018,148 $124,640,740
$22,136,870 $102,503,870
$55,000 $55,000 $466,287,994

$341,592,254 $4,574,106
$337,018,148 $124,640,740
$22,136,870 $102,503,870
$55,000 $55,000 $466,287,994

$341,592,254 $4,574,106
$337,018,148 $124,640,740
$22,136,870 $102,503,870
$55,000 $55,000 $466,287,994

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

$353,493,923 $353,513,261

$3,791,377

$3,810,715

$349,702,546 $349,702,546

$124,640,740 $124,640,740

$22,136,870 $22,136,870

$102,503,870 $102,503,870

$55,000

$55,000

$55,000

$55,000

$478,189,663 $478,209,001

$351,767,483 $3,944,272
$347,823,211 $134,640,740 $32,136,870 $102,503,870
$55,000 $55,000 $486,463,223

$353,540,557 $3,944,272
$349,596,285 $134,640,740 $32,136,870 $102,503,870
$55,000 $55,000 $488,236,297

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

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

$4,574,106 $4,574,106 $4,022,917 $4,022,917
$55,000 $55,000 $55,000 $8,652,023

100.1 Defer the FY09 cost of living adjustment. State General Funds 100.2 Defer structure adjustments to the statewide salary plan. State General Funds

($51,314) ($2,993)

($51,314) ($2,993)

($51,314) ($2,993)

($51,314) ($2,993)

FRIDAY, APRIL 3, 2009

5807

100.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($154,554)

($133,557)

$0

$0

100.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($54,629)

($54,629)

($54,629)

($54,629)

100.5 Reduce funds from operations.

State General Funds

($281,869)

($281,869)

($281,869)

($281,869)

100.6 Reduce funds by closing the regional office in Martinez, Georgia.

State General Funds

($108,738)

($108,738)

($108,738)

($108,738)

100.7 Reduce funds from personnel.

State General Funds

($90,047)

($90,047)

($90,047)

($90,047)

100.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($38,585)

($38,585)

($38,585)

($38,585)

100.9 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($1,659)

($1,659)

($1,659)

100.99

CC: The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to provide inclusion services for children with disabilities. Senate: The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to provide inclusion services for children with disabilities.

State General Funds

$0

$0

100.100-Child Care Services

Appropriation (HB 119)

The purpose of this appropriation is to regulate, license, and train child care providers; to support the infant and toddler and afterschool networks; and to

provide inclusion services for children with disabilities.

TOTAL STATE FUNDS

$3,791,377

$3,810,715

$3,944,272

$3,944,272

State General Funds

$3,791,377

$3,810,715

$3,944,272

$3,944,272

TOTAL FEDERAL FUNDS

$4,022,917

$4,022,917

$4,022,917

$4,022,917

Child Care & Development Block Grant CFDA93.575

$4,022,917

$4,022,917

$4,022,917

$4,022,917

TOTAL AGENCY FUNDS

$55,000

$55,000

$55,000

$55,000

Sales and Services

$55,000

$55,000

$55,000

$55,000

Sales and Services Not Itemized

$55,000

$55,000

$55,000

$55,000

TOTAL PUBLIC FUNDS

$7,869,294

$7,888,632

$8,022,189

$8,022,189

5808

JOURNAL OF THE HOUSE

Nutrition

Continuation Budget

The purpose of this appropriation is to ensure that eligible children and adults receive USDA compliant meals.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0

$0

$102,000,000 $102,000,000 $102,000,000

$102,000,000 $102,000,000 $102,000,000

$0 $0 $102,000,000 $102,000,000 $102,000,000

$0 $0 $102,000,000 $102,000,000 $102,000,000

101.99

CC: The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer. Senate: The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth during the summer.

State General Funds

$0

$0

101.100 -Nutrition

Appropriation (HB 119)

The purpose of this appropriation is to ensure that USDA compliant meals are served to eligible children and adults in day care settings and to eligible youth

during the summer.

TOTAL FEDERAL FUNDS

$102,000,000 $102,000,000 $102,000,000 $102,000,000

Federal Funds Not Itemized

$102,000,000 $102,000,000 $102,000,000 $102,000,000

TOTAL PUBLIC FUNDS

$102,000,000 $102,000,000 $102,000,000 $102,000,000

Pre-Kindergarten Program

Continuation Budget

The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-K programs operated by public and private

providers throughout the state.

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

$337,018,148 $0
$337,018,148 $617,823 $113,953 $503,870
$337,635,971

102.1 Defer the FY09 cost of living adjustment.

Lottery Proceeds

($34,650)

($34,650)

($34,650)

($34,650)

102.2 Increase funds for 3,000 additional Pre-K slots, bringing total enrollment to 82,000. (H:Provide for additional start-up funds for turnover classes)(S:Increase funds for 2,500 additional slots)(CC:Increase funds for 3,000 additional slots)

Lottery Proceeds

$12,469,667 $12,835,888 $10,696,593 $12,469,667

FRIDAY, APRIL 3, 2009

5809

102.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

Lottery Proceeds

$249,381

$335,457

$335,457

$335,457

102.4 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan.

Lottery Proceeds

($452,297)

$0

$0

102.5 Reduce funds from operations.

Lottery Proceeds

($192,337)

($192,337)

102.99

CC: The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds. Senate: The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds.

State General Funds

$0

$0

102.100-Pre-Kindergarten Program

Appropriation (HB 119)

The purpose of this appropriation is to provide funding, training, technical assistance, and oversight of Pre-Kindergarten programs operated by public and

private providers throughout the state and to improve the quality of early learning and increase school readiness for Georgia's four year olds.

TOTAL STATE FUNDS

$349,702,546 $349,702,546 $347,823,211 $349,596,285

Lottery Proceeds

$349,702,546 $349,702,546 $347,823,211 $349,596,285

TOTAL FEDERAL FUNDS

$617,823

$617,823

$617,823

$617,823

Child Care & Development Block Grant CFDA93.575

$113,953

$113,953

$113,953

$113,953

Federal Funds Not Itemized

$503,870

$503,870

$503,870

$503,870

TOTAL PUBLIC FUNDS

$350,320,369 $350,320,369 $348,441,034 $350,214,108

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 State General Funds
TOTAL FEDERAL FUNDS Child Care & Development Block Grant CFDA93.575
TOTAL PUBLIC FUNDS

$0
$18,000,000 $18,000,000 $18,000,000

$0
$18,000,000 $18,000,000 $18,000,000

$0 $0 $18,000,000 $18,000,000 $18,000,000

$0 $0 $18,000,000 $18,000,000 $18,000,000

103.1 Increase funds. Child Care & Development Block Grant CFDA93.575

$10,000,000 $10,000,000

5810

JOURNAL OF THE HOUSE

103.99

CC: The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child care, and nutrition for Georgia's children and families. Senate: The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child care, and nutrition for Georgia's children and families.

State General Funds

$0

$0

103.100-Quality Initiatives

Appropriation (HB 119)

The purpose of this appropriation is to implement innovative strategies and programs that focus on improving the quality of and access to early education, child

care, and nutrition for Georgia's children and families.

TOTAL FEDERAL FUNDS

$18,000,000 $18,000,000 $28,000,000 $28,000,000

Child Care & Development Block Grant CFDA93.575

$18,000,000 $18,000,000 $28,000,000 $28,000,000

TOTAL PUBLIC FUNDS

$18,000,000 $18,000,000 $28,000,000 $28,000,000

Section 22: Economic Development, Department of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
TOTAL PUBLIC FUNDS

Section Total - Continuation

$39,581,672 $39,581,672
$20,244 $20,244 $39,601,916

$39,581,672 $39,581,672
$20,244 $20,244 $39,601,916

$39,581,672 $39,581,672
$20,244 $20,244 $39,601,916

$39,581,672 $39,581,672
$20,244 $20,244 $39,601,916

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures
TOTAL PUBLIC FUNDS

Section Total - Final

$30,534,740 $31,106,858

$30,534,740 $31,106,858

$20,244

$20,244

$20,244

$20,244

$30,554,984 $31,127,102

$34,006,415 $34,006,415
$20,244 $20,244 $34,026,659

$33,148,712 $33,148,712
$20,244 $20,244 $33,168,956

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

$11,256,519 $11,256,519 $11,256,519

$11,256,519 $11,256,519 $11,256,519

$11,256,519 $11,256,519 $11,256,519

$11,256,519 $11,256,519 $11,256,519

104.1 Defer the FY09 cost of living adjustment.

State General Funds

($75,543)

($75,543)

($75,543)

($75,543)

104.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

FRIDAY, APRIL 3, 2009

5811

Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($184,778)

($159,675)

$0

$0

104.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$11,964

$11,964

$11,964

$11,964

104.4 Reduce funds from domestic and global marketing for advertising purchases, sponsorships, public relations contracts, and website upgrades.

State General Funds

($1,294,456) ($1,294,456) ($1,294,456) ($1,294,456)

104.5 Reduce funds by eliminating one office administrative generalist position and one vacant marketing specialist position.

State General Funds

($117,054)

($117,054)

($117,054)

($117,054)

104.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($142,381)

($296,446)

($296,446)

($296,446)

104.7 Reduce funds by eliminating three regional representative positions.

State General Funds

($260,000)

$0

104.99

CC: The purpose of this appropriation is to recruit, retain, and expand businesses in Georgia through a statewide network of regional project managers, foreign and domestic marketing, and participation in Georgia Allies. Senate: The purpose of this appropriation is to recruit, retain, and expand businesses in Georgia through a statewide network of regional project managers, foreign and domestic marketing, and participation in Georgia Allies.

State General Funds

$0

$0

104.100-Business Recruitment and Expansion

Appropriation (HB 119)

The purpose of this appropriation is to recruit, retain, and expand businesses in Georgia through a statewide network of regional project managers, foreign and

domestic marketing, and participation in Georgia Allies.

TOTAL STATE FUNDS

$9,454,271

$9,325,309

$9,224,984

$9,484,984

State General Funds

$9,454,271

$9,325,309

$9,224,984

$9,484,984

TOTAL PUBLIC FUNDS

$9,454,271

$9,325,309

$9,224,984

$9,484,984

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

$6,232,628 $6,232,628 $6,232,628

$6,232,628 $6,232,628 $6,232,628

$6,232,628 $6,232,628 $6,232,628

$6,232,628 $6,232,628 $6,232,628

105.1 Defer the FY09 cost of living adjustment.

5812

JOURNAL OF THE HOUSE

State General Funds

($43,533)

($43,533)

($43,533)

($43,533)

105.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($962)

($962)

($962)

($962)

105.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($150,334)

($129,910)

$0

$0

105.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$20,633

$20,633

$20,633

$20,633

105.5 Reduce funds for technology upgrades and the contract to clean fleet vehicles monthly.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

105.6 Reduce funds by eliminating one vacant graphics specialist, one vacant programmer position, one vacant executive director position, one vacant administrative position, and one vacant systems administrator position.

State General Funds

($373,000)

($373,000)

($373,000)

($373,000)

105.7 Reduce funds received in HB85 (FY06G) for the Georgia Shrimp Association.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

105.8 Reduce funds received in HB85 (FY06G) for the branding campaign.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

105.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($74,468)

$0

$0

$0

105.10 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($2,199)

($2,199)

($2,199)

105.100-Departmental Administration

Appropriation (HB 119)

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

$4,935,964

$5,028,657

$5,158,567

$5,158,567

State General Funds

$4,935,964

$5,028,657

$5,158,567

$5,158,567

TOTAL PUBLIC FUNDS

$4,935,964

$5,028,657

$5,158,567

$5,158,567

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.

FRIDAY, APRIL 3, 2009

5813

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,197,025 $1,197,025 $1,197,025

$1,197,025 $1,197,025 $1,197,025

$1,197,025 $1,197,025 $1,197,025

$1,197,025 $1,197,025 $1,197,025

106.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,345)

($6,345)

($6,345)

($6,345)

106.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($20,768)

($17,947)

$0

$0

106.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$359

$359

$359

$359

106.4 Reduce funds received in HB85 (FY06G) for expanded recorded music industry promotions, additional film industry advertising, and entertainment technology marketing.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

106.5 Reduce funds from advertising purchases, sponsorships, marketing events, and other promotional initiatives.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

106.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,436)

$0

($48,735)

$0

106.99

CC: The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state. Senate: The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state.

State General Funds

$0

$0

106.100-Film, Video, and Music

Appropriation (HB 119)

The purpose of this appropriation is to increase industry awareness of Georgia business opportunities, financial incentives, infrastructure resources, and natural

resources in order to attract film, video, music, and electronic gaming industry projects and businesses to the state.

TOTAL STATE FUNDS

$1,024,835

$1,043,092

$1,012,304

$1,061,039

State General Funds

$1,024,835

$1,043,092

$1,012,304

$1,061,039

TOTAL PUBLIC FUNDS

$1,024,835

$1,043,092

$1,012,304

$1,061,039

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.

5814

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,932,504 $1,932,504 $1,932,504

$1,932,504 $1,932,504 $1,932,504

$1,932,504 $1,932,504 $1,932,504

$1,932,504 $1,932,504 $1,932,504

107.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,191)

($6,191)

($6,191)

($6,191)

107.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($19,617)

($16,952)

$0

$0

107.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$932

$932

$932

$932

107.4 Reduce funds from personnel.

State General Funds

($52,217)

($52,217)

($52,217)

($52,217)

107.5 Reduce funds from marketing for the Georgia Electronic Design Center.

State General Funds

($150,000)

($150,000)

($150,000)

($150,000)

107.6 Reduce one-time funds received in HB990 (FY09G) for the Herty Advanced Materials Development Center.

State General Funds

($200,000)

($200,000)

($100,000)

($100,000)

107.7 Transfer funds to the Department of Community Affairs for Appalachian Community Enterprise contracts for micro-enterprise loans.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

107.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($21,203)

$0

$0

$0

107.99

CC: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. Senate: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies.

State General Funds

$0

$0

107.100-Innovation and Technology

Appropriation (HB 119)

The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the

Centers of Innovation, research universities, incubators, and other companies.

FRIDAY, APRIL 3, 2009

5815

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,409,208 $1,409,208 $1,409,208

$1,433,076 $1,433,076 $1,433,076

$1,550,028 $1,550,028 $1,550,028

$1,550,028 $1,550,028 $1,550,028

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

$2,440,966 $2,440,966 $2,440,966

$2,440,966 $2,440,966 $2,440,966

$2,440,966 $2,440,966 $2,440,966

$2,440,966 $2,440,966 $2,440,966

108.1 Defer the FY09 cost of living adjustment.

State General Funds

($10,697)

($10,697)

($10,697)

($10,697)

108.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($33,883)

($29,280)

$0

$0

108.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,152

$2,152

$2,152

$2,152

108.4 Reduce funds by eliminating one vacant business operations position.

State General Funds

($55,420)

($55,420)

($55,420)

($55,420)

108.5 Reduce funds received in HB85 (FY06G) for international industry marketing. (H:Partially restore funds for marketing)

State General Funds

($200,000)

($100,000)

($200,000)

($200,000)

108.6 Reduce funds from marketing for trade show attendance.

State General Funds

($98,430)

($98,430)

($98,430)

($98,430)

108.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($30,323)

$0

$0

$0

108.99

CC: The purpose of this appropriation is to develop international markets for Georgia products and to attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing technical and educational assistance to businesses. Senate: The purpose of this appropriation is to develop international markets for Georgia products and to attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing technical and educational assistance to businesses.

5816

JOURNAL OF THE HOUSE

State General Funds

$0

$0

108.100-International Relations and Trade

Appropriation (HB 119)

The purpose of this appropriation is to develop international markets for Georgia products and to attract international companies to the state through business

and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing technical and educational assistance to businesses.

TOTAL STATE FUNDS

$2,014,365

$2,149,291

$2,078,571

$2,078,571

State General Funds

$2,014,365

$2,149,291

$2,078,571

$2,078,571

TOTAL PUBLIC FUNDS

$2,014,365

$2,149,291

$2,078,571

$2,078,571

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

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

$958,904 $958,904
$20,244 $20,244 $20,244 $979,148

109.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,376)

($8,376)

($8,376)

($8,376)

109.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($26,520)

($22,917)

$0

$0

109.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,291

$1,291

$1,291

$1,291

109.4 Reduce funds by eliminating one vacant business operations position.

State General Funds

($75,309)

($75,309)

($75,309)

($75,309)

109.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($12,635)

$0

$0

$0

109.99 CC: The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses. Senate: The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning,

FRIDAY, APRIL 3, 2009

5817

advocacy, business needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses.

State General Funds

$0

$0

109.100-Small and Minority Business Development

Appropriation (HB 119)

The purpose of this appropriation is to assist entrepreneurs and small and minority businesses by providing technical assistance on planning, advocacy, business

needs, and identifying potential markets and suppliers, and to provide assistance to local communities in growing small businesses.

TOTAL STATE FUNDS

$837,355

$853,593

$876,510

$876,510

State General Funds

$837,355

$853,593

$876,510

$876,510

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

$857,599

$873,837

$896,754

$896,754

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

$13,460,178 $13,460,178 $13,460,178

$13,460,178 $13,460,178 $13,460,178

$13,460,178 $13,460,178 $13,460,178

$13,460,178 $13,460,178 $13,460,178

110.1 Defer the FY09 cost of living adjustment.

State General Funds

($46,586)

($46,586)

($46,586)

($46,586)

110.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($150,145)

($129,747)

$0

$0

110.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$14,219

$14,219

$14,219

$14,219

110.4 Reduce funds from personnel.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

110.5

Reduce funds from Marketing Co-Op Grant Program, the Tourism Product Development Program, the Techno-Tourism e-Challenge Grant Program, foreign and domestic advertising, conference and trade show attendance, and promotional items. (H:Partially restore funds for general tourism marketing)(S:Provide funds for domestic tourism advertising and dedicate $172,000 to promote tourism opportunities in state parks)(CC:Partially restore funds for tourism marketing)

State General Funds

($1,711,120) ($1,611,120)

($329,092) ($1,611,120)

5818

JOURNAL OF THE HOUSE

110.6 Reduce funds from the Tourism Foundation. (S and CC:Restore funds for Tourism marketing)

State General Funds

($1,000,000) ($1,000,000)

$0

$0

110.7 Reduce funds received in HB95 (FY08G) for the Civil War Trails. (H and S:Partially restore funds for the Civil War Trails in recognition of Sesquicentennial preparations)

State General Funds

($200,000)

($150,000)

($150,000)

($150,000)

110.8 Reduce funds from the Bainbridge welcome center ($98,325), Washington-Wilkes welcome center ($2,500), Statesboro and Woodstock convention and visitor bureaus ($4,000), and local welcome center contracts ($21,426). (S and CC:Restore funds for the Bainbridge welcome center)

State General Funds

($126,251)

($126,251)

($27,926)

($27,926)

110.9 Reduce funds from the Historic Chattahoochee Commission.

State General Funds

($2,500)

($2,500)

($2,500)

($2,500)

110.10 Reduce one-time funds received for the Veteran's Wall of Honor.

State General Funds

($150,000)

($100,000)

($150,000)

($100,000)

110.11 Reduce one-time funds received for education programs for the Warner Robins Air Force Base Museum.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

110.12 Reduce funds from the contract with the Georgia Historical Society. (H:Partially restore funds for the Georgia Historical Society's Civil War Marker restoration project in recognition of Sesquicentennial preparations)(S and CC:Restore funds ($30,000) and transfer funds from the Office of Secretary of State for the Georgia Historical Society ($90,000))

State General Funds

($60,000)

($30,000)

$60,000

$60,000

110.13 Eliminate funds and two positions from the Sylvania ($139,389) and Plains ($186,407) State Visitor Information Centers (VIC). (S and CC:Reduce funds from the Sylvania VIC ($39,389), partner with technical colleges to offer and operate courses at the center, and realize savings by altering operating hours at VICs to a Thursday to Monday schedule ($100,000))

State General Funds

($325,796)

($325,796)

($139,389)

($139,389)

110.14 Transfer funds for the Georgia Humanities Council from the Georgia Council for the Arts.

State General Funds

$139,050

110.99

CC: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to attract more tourism to the state. Senate: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society, and work with communities to develop and market tourism products in order to attract more tourism to the state.

State General Funds 110.100 -Tourism

$0

$0

Appropriation (HB 119)

FRIDAY, APRIL 3, 2009

5819

The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome

centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to

attract more tourism to the state.

TOTAL STATE FUNDS

$9,576,999

$9,827,397 $12,563,904 $11,470,926

State General Funds

$9,576,999

$9,827,397 $12,563,904 $11,470,926

TOTAL PUBLIC FUNDS

$9,576,999

$9,827,397 $12,563,904 $11,470,926

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

111.1 Reduce funds from contracts. (H and CC:Partially restore funds in recognition of Sesquicentennial preparations. Commission is to become selfsufficient)

State General Funds

($50,000)

($25,000)

($25,000)

($25,000)

111.100-Civil War Commission

Appropriation (HB 119)

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

$25,000

$25,000

$25,000

State General Funds

$25,000

$25,000

$25,000

TOTAL PUBLIC FUNDS

$25,000

$25,000

$25,000

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

$50,000 $50,000 $50,000

112.1 Reduce funds from operations. (H:Authority is to become self-sufficient)(S and CC:Reduce funds from operations)

State General Funds

($5,000)

($5,000)

112.2 Reduce funds to reflect the revised revenue estimate.

State General Funds

($450)

($450)

($5,000) ($450)

112.100-Payments to Aviation Hall of Fame

Appropriation (HB 119)

The purpose of this appropriation is to provide operating funds for the Aviation Hall of Fame.

($5,000) ($450)

5820

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$44,550 $44,550 $44,550

$44,550 $44,550 $44,550

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

$414,189 $414,189 $414,189

$414,189 $414,189 $414,189

$44,550 $44,550 $44,550
$414,189 $414,189 $414,189

$44,550 $44,550 $44,550
$414,189 $414,189 $414,189

113.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,901)

113.2 Eliminate three positions and funds from operations. (H and S:Partially restore funds)

State General Funds

($411,288)

($2,901) ($111,288)

($2,901) ($111,288)

113.100-Payments to Georgia Medical Center Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority.

TOTAL STATE FUNDS

$300,000

State General Funds

$300,000

TOTAL PUBLIC FUNDS

$300,000

$300,000 $300,000 $300,000

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

$826,790 $826,790 $826,790

$826,790 $826,790 $826,790

$826,790 $826,790 $826,790

($2,901)
($111,288)
$300,000 $300,000 $300,000
$826,790 $826,790 $826,790

114.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,071)

($7,071)

($7,071)

($7,071)

114.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($20,155)

($17,417)

$0

$0

114.3 Reduce funds from operations. (H and CC:Authority is to become self-sufficient)

State General Funds

($68,246)

($102,369)

($68,246)

($102,369)

FRIDAY, APRIL 3, 2009

5821

114.4 Eliminate one-time funds received in HB990 (FY09G) for The Big House and the induction ceremony.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

114.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($6,142)

($6,142)

($6,142)

($6,142)

114.99

CC: The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame to maintain museum facilities, conserve the collection, and promote music-related tourism statewide through public outreach and special events. Senate: The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame to maintain museum facilities, conserve the collection, and promote music-related tourism statewide through public outreach and special events.

State General Funds

$0

$0

114.100-Payments to Georgia Music Hall of Fame Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide operating funds for the Georgia Music Hall of Fame to maintain museum facilities, conserve the collection, and

promote music-related tourism statewide through public outreach and special events.

TOTAL STATE FUNDS

$600,176

$568,791

$620,331

$586,208

State General Funds

$600,176

$568,791

$620,331

$586,208

TOTAL PUBLIC FUNDS

$600,176

$568,791

$620,331

$586,208

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

$651,969 $651,969 $651,969

$651,969 $651,969 $651,969

$651,969 $651,969 $651,969

$651,969 $651,969 $651,969

115.1 Defer the FY09 cost of living adjustment.

State General Funds

($5,715)

($5,715)

($5,715)

($5,715)

115.2 Defer performance based salary adjustments.

State General Funds

$1,755

$1,755

$1,755

$1,755

115.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($12,779)

($11,043)

$0

$0

115.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($2,728)

($2,728)

($2,728)

($2,728)

5822

JOURNAL OF THE HOUSE

115.5 Reduce funds from operations. (H and CC:Authority is to become self-sufficient)

State General Funds

($63,032)

($95,553)

($63,032)

($102,369)

115.6 Reduce one-time funds received in HB95 (FY08G) for operations.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

115.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,463)

($5,463)

($5,463)

($5,463)

115.8 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($120)

($120)

($120)

115.99 CC: The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame to maintain museum facilities, maintain the collection, and promote special events.

State General Funds

$0

115.100-Payments to Georgia Sports Hall of Fame Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide operating funds for the Georgia Sports Hall of Fame to maintain museum facilities, maintain the collection, and

promote special events.

TOTAL STATE FUNDS

$539,007

$508,102

$551,666

$512,329

State General Funds

$539,007

$508,102

$551,666

$512,329

TOTAL PUBLIC FUNDS

$539,007

$508,102

$551,666

$512,329

Payments to Golf Hall Of Fame Authority

Continuation Budget

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

$110,000 $110,000 $110,000

$110,000 $110,000 $110,000

$110,000 $110,000 $110,000

$110,000 $110,000 $110,000

116.1 Reduce funds from personnel. State General Funds 116.2 Reduce funds from operations. State General Funds 116.3 Reduce funds to reflect the revised revenue estimate. State General Funds 116.4 Eliminate remaining funds. State General Funds
116.100-Payments to Golf Hall Of Fame Authority

($4,400)

($4,400)

($4,400)

($6,600)

($6,600)

($6,600)

($990)

($990)

($990)

($98,010)

($98,010)

Appropriation (HB 119)

($4,400) ($6,600)
($990) ($98,010)

FRIDAY, APRIL 3, 2009

5823

The purpose of this appropriation is to provide operating funds for the Golf Hall of Fame.

TOTAL STATE FUNDS

$98,010

State General Funds

$98,010

TOTAL PUBLIC FUNDS

$98,010

Section 23: Education, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Continuation

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991
$18,384,254 $979,240
$9,853,645,621

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991 $18,384,254
$979,240 $9,853,645,621

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991
$18,384,254 $979,240
$9,853,645,621

$8,195,597,771 $8,195,597,771 $1,631,199,767 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240
$9,853,645,621

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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 $7,551,337,074 $7,574,738,611 $7,551,337,074 $7,574,738,611

$1,950,375,406 $319,175,639
$1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240
$9,528,560,563

$2,031,199,767 $400,000,000
$1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240
$9,632,786,461

$7,384,880,085 $7,383,107,011
$1,773,074 $1,965,781,645
$334,581,878 $1,631,199,767
$26,848,083 $5,139,598 $2,344,991 $18,384,254
$979,240 $9,377,509,813

$7,393,006,953 $7,393,006,953
$2,044,345,694 $413,145,927
$1,631,199,767 $26,848,083 $5,139,598 $2,344,991 $18,384,254 $979,240
$9,464,200,730

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 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 State General Funds
TOTAL PUBLIC FUNDS

$5,244,353 $5,244,353 $5,244,353

$5,244,353 $5,244,353 $5,244,353

$5,244,353 $5,244,353 $5,244,353

$5,244,353 $5,244,353 $5,244,353

5824

JOURNAL OF THE HOUSE

117.1 Defer the FY09 cost of living adjustment.

State General Funds

($27,261)

($27,261)

($27,261)

($27,261)

117.2 Eliminate funds for Academic Coaches.

State General Funds

($1,366,710) ($1,366,710) ($1,366,710) ($1,366,710)

117.3 Reduce funds by eliminating six science mentor positions and associated operating expenses.

State General Funds

($780,502)

($780,502)

($780,502)

($780,502)

117.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$8,978

$8,978

$8,978

$8,978

117.5 Eliminate funds for Mentor Teachers.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

117.6 Rename program "Math and Science Mentors". (CC:YES)

State General Funds

$0

117.98 Transfer all funds and activities for Math and Science Mentors and Teacher Success/CLASS Keys to the School Improvement program. (H and CC:Transfer all funds and activities for Teacher Success/CLASS Keys to the School Improvement program and change program name to Math and Science Mentors)

State General Funds

($2,878,858)

($257,500) ($2,878,858)

($257,500)

117.99 CC: The purpose of this appropriation is to provide mentors to work with teachers of identified schools in need of improvement in the areas of science and math.

State General Funds

$0

117.100-Academic Coach Program

Appropriation (HB 119)

The purpose of this appropriation is to provide mentors to work with teachers of identified schools in need of improvement in the areas of science and math.

TOTAL STATE FUNDS

$2,621,358

$2,621,358

State General Funds

$2,621,358

$2,621,358

TOTAL PUBLIC FUNDS

$2,621,358

$2,621,358

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

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002

$8,985,622 $8,985,622
$126,577 $126,577 $3,540,002 $3,540,002

FRIDAY, APRIL 3, 2009

5825

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$3,540,002 $12,652,201

$3,540,002 $12,652,201

$3,540,002 $12,652,201

$3,540,002 $12,652,201

118.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$41,071

$41,071

$41,071

$41,071

118.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($79,496)

($32,593)

$0

$0

118.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($269,569)

($169,569)

($169,569)

($169,569)

118.4 Reduce funds from Food Processing Plants ($100,000) and utilize remaining funds for Extended Year/Extended Day ($200,000).

State General Funds

($100,000)

($100,000)

($100,000)

118.99

CC: The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students. Senate: The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and summer educational and leadership opportunities for students.

State General Funds

$0

$0

118.100-Agricultural Education

Appropriation (HB 119)

The purpose of this appropriation is to assist local school systems with developing and funding agricultural education programs, and to provide afterschool and

summer educational and leadership opportunities for students.

TOTAL STATE FUNDS

$8,677,628

$8,724,531

$8,757,124

$8,757,124

State General Funds

$8,677,628

$8,724,531

$8,757,124

$8,757,124

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

$3,540,002

$3,540,002

$3,540,002

$3,540,002

Intergovernmental Transfers

$3,540,002

$3,540,002

$3,540,002

$3,540,002

Intergovernmental Transfers Not Itemized

$3,540,002

$3,540,002

$3,540,002

$3,540,002

TOTAL PUBLIC FUNDS

$12,344,207 $12,391,110 $12,423,703 $12,423,703

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

$41,124,236 $41,124,236 $53,696,847

$41,124,236 $41,124,236 $53,696,847

$41,124,236 $41,124,236 $53,696,847

$41,124,236 $41,124,236 $53,696,847

5826

JOURNAL OF THE HOUSE

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

$53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

$53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

$53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

$53,696,847 $7,832,201 $4,323,114 $4,323,114 $2,344,991 $2,344,991 $1,011,224 $1,011,224
$152,872 $152,872 $102,653,284

119.1 Defer the FY09 cost of living adjustment.

State General Funds

($359,204)

($359,204)

($359,204)

($359,204)

119.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($75,907)

($75,907)

($75,907)

($75,907)

119.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,246,325) ($1,077,003)

$0

$0

119.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$141,575

$141,575

$141,575

$141,575

119.5 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($61,381)

($61,381)

($61,381)

($61,381)

119.6 Reduce funds by eliminating twenty vacant positions and realize savings from other vacancies.

State General Funds

($1,910,869) ($1,910,869) ($1,910,869) ($1,910,869)

119.7 Reduce funds from contracts by 10%. (H and CC:Provide for additional reductions from contracts)

State General Funds

($1,534,456) ($3,068,912) ($2,045,941) ($2,045,941)

119.8 Reduce funds from operations. (H and CC:Provide for additional reductions from operations)

State General Funds

($1,623,764) ($2,523,764) ($1,623,764) ($2,585,249)

119.9 Eliminate funds for Teacher Liability Insurance.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

119.10 Reduce funds to reflect the revised revenue estimate.

FRIDAY, APRIL 3, 2009

5827

State General Funds

($360,117)

($360,117)

($360,117)

($360,117)

119.11 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($8,530)

($8,530)

($8,530)

119.99

CC: The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems. Senate: The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems, and to provide regulations, guidelines, and training standards on pupil transportation.

State General Funds

$0

$0

119.100-Central Office

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems.

TOTAL STATE FUNDS

$33,793,788 $31,520,124 $34,520,098 $33,558,613

State General Funds

$33,793,788 $31,520,124 $34,520,098 $33,558,613

TOTAL FEDERAL FUNDS

$53,696,847 $53,696,847 $53,696,847 $53,696,847

Federal Funds Not Itemized

$53,696,847 $53,696,847 $53,696,847 $53,696,847

TOTAL AGENCY FUNDS

$7,832,201

$7,832,201

$7,832,201

$7,832,201

Contributions, Donations, and Forfeitures

$4,323,114

$4,323,114

$4,323,114

$4,323,114

Contributions, Donations, and Forfeitures Not Itemized

$4,323,114

$4,323,114

$4,323,114

$4,323,114

Reserved Fund Balances

$2,344,991

$2,344,991

$2,344,991

$2,344,991

Reserved Fund Balances Not Itemized

$2,344,991

$2,344,991

$2,344,991

$2,344,991

Intergovernmental Transfers

$1,011,224

$1,011,224

$1,011,224

$1,011,224

Intergovernmental Transfers Not Itemized

$1,011,224

$1,011,224

$1,011,224

$1,011,224

Sales and Services

$152,872

$152,872

$152,872

$152,872

Sales and Services Not Itemized

$152,872

$152,872

$152,872

$152,872

TOTAL PUBLIC FUNDS

$95,322,836 $93,049,172 $96,049,146 $95,087,661

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

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

$3,480,193 $3,480,193 $7,365,691 $7,365,691 $10,845,884

120.1 Reduce one-time funds received in HB990 (FY09G) for start-up expenses for the Charter School Commission.

5828

JOURNAL OF THE HOUSE

State General Funds

($260,000)

($120,000)

($120,000)

($120,000)

120.2 Reduce funds from planning grants.

State General Funds

($25,000)

($45,000)

$0

$0

120.3 Eliminate funds for implementation grants.

State General Funds

($625,000)

($500,000)

($625,000)

($500,000)

120.4 Reduce funds from facilities grants.

State General Funds

($245,000)

($245,000)

($245,000)

($245,000)

120.99

CC: The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities. Senate: The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation, facilities, and operations of those entities, provided that $700,000 of this appropriation is designated to fund facilities for State Chartered Special Schools.

State General Funds

$0

$0

120.100-Charter Schools

Appropriation (HB 119)

The purpose of this appropriation is to authorize charter schools and charter systems and to provide funds for competitive grants for planning, implementation,

facilities, and operations of those entities.

TOTAL STATE FUNDS

$2,325,193

$2,570,193

$2,490,193

$2,615,193

State General Funds

$2,325,193

$2,570,193

$2,490,193

$2,615,193

TOTAL FEDERAL FUNDS

$7,365,691

$7,365,691

$7,365,691

$7,365,691

Federal Funds Not Itemized

$7,365,691

$7,365,691

$7,365,691

$7,365,691

TOTAL PUBLIC FUNDS

$9,690,884

$9,935,884

$9,855,884

$9,980,884

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

$1,320,623 $1,320,623 $1,320,623

$1,320,623 $1,320,623 $1,320,623

$1,320,623 $1,320,623 $1,320,623

$1,320,623 $1,320,623 $1,320,623

121.1 Reduce funds by 10%. (CC:Reduce funds by 8%)

State General Funds

($132,062)

($39,619)

($132,062)

($105,650)

121.99 CC: The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to partner with other state and national organizations to support student success in school and beyond. Senate: The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across

FRIDAY, APRIL 3, 2009

5829

the state, and to partner with other state and national organizations to support student success in school and beyond.

State General Funds

$0

$0

121.100-Communities in Schools

Appropriation (HB 119)

The purpose of this appropriation is to support Performance Learning Centers and maintain a network of local affiliate organizations across the state, and to

partner with other state and national organizations to support student success in school and beyond.

TOTAL STATE FUNDS

$1,188,561

$1,281,004

$1,188,561

$1,214,973

State General Funds

$1,188,561

$1,281,004

$1,188,561

$1,214,973

TOTAL PUBLIC FUNDS

$1,188,561

$1,281,004

$1,188,561

$1,214,973

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

$1,574,833 $1,574,833 $1,574,833

$1,574,833 $1,574,833 $1,574,833

$1,574,833 $1,574,833 $1,574,833

$1,574,833 $1,574,833 $1,574,833

122.1 Reduce funds from operations by 10%.

State General Funds

($74,833)

($74,833)

($74,833)

($74,833)

122.2 Reduce funds from contracts by 10%.

State General Funds

($121,553)

($121,553)

($121,553)

($121,553)

122.3 Reduce funds from contracts and operations.

State General Funds

($378,447)

$0

($100,000)

122.99

CC: The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and instructional resources to teachers for implementing this curriculum. Senate: The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and instructional resources to teachers for implementing this curriculum.

State General Funds

$0

$0

122.100-Curriculum Development

Appropriation (HB 119)

The purpose of this appropriation is to develop a statewide, standards-based curriculum to guide instruction and assessment, and to provide training and

instructional resources to teachers for implementing this curriculum.

TOTAL STATE FUNDS

$1,378,447

$1,000,000

$1,378,447

$1,278,447

State General Funds

$1,378,447

$1,000,000

$1,378,447

$1,278,447

TOTAL PUBLIC FUNDS

$1,378,447

$1,000,000

$1,378,447

$1,278,447

Dropout Prevention

Continuation Budget

5830

JOURNAL OF THE HOUSE

The purpose of this appropriation is to reduce dropout rates for Georgia students.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$53,174,636 $53,174,636 $53,174,636

$53,174,636 $53,174,636 $53,174,636

$53,174,636 $53,174,636 $53,174,636

$53,174,636 $53,174,636 $53,174,636

123.1 Reduce funds from Graduation Coaches by providing funds only for middle school graduation coaches who serve in feeder high schools with graduation rates at or below 85% (-$6,060,000), and provide funds for a training and experience adjustment ($2,384,265).

State General Funds

($3,675,735) ($3,675,735) ($3,675,735) ($3,675,735)

123.2 Reduce funds from Graduation Coach training.

State General Funds

($33,000)

($33,000)

($33,000)

($33,000)

123.3 Eliminate start-up funds for the Junior Reserve Officer Training Corps (JROTC).

State General Funds

($240,000)

($240,000)

($240,000)

($240,000)

123.98 Transfer all funds and activities for Graduation Coaches to the Quality Basic Education Program.

State General Funds

($49,225,901)

$0 ($49,225,901) ($49,225,901)

123.99 CC: The purpose of this appropriation is to provide funds for Graduation Coaches to help improve Georgia's high school graduation rates. Senate: The purpose of this appropriation is to provide funds for Graduation Coaches to help improve Georgia's high school graduation rates.

State General Funds

$0

$0

123.100-Dropout Prevention

Appropriation (HB 119)

The purpose of this appropriation is to provide funds for Graduation Coaches to help improve Georgia's high school graduation rates.

TOTAL STATE FUNDS

$49,225,901

State General Funds

$49,225,901

TOTAL PUBLIC FUNDS

$49,225,901

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 $1,024,026,289 $1,024,026,289 $1,024,026,289

$0 $1,024,026,289 $1,024,026,289 $1,024,026,289

$0 $1,024,026,289 $1,024,026,289 $1,024,026,289

$0 $1,024,026,289 $1,024,026,289 $1,024,026,289

124.100-Federal Programs

Appropriation (HB 119)

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

$1,024,026,289 $1,024,026,289 $1,024,026,289

FRIDAY, APRIL 3, 2009

5831

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

$384,375 $384,375 $384,375

$384,375 $384,375 $384,375

$384,375 $384,375 $384,375

$384,375 $384,375 $384,375

125.1 Eliminate funds. State General Funds

($384,375)

($384,375)

($384,375)

($384,375)

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 $8,351,576 $8,351,576 $8,351,576

$0 $0 $8,351,576 $8,351,576 $8,351,576

$0 $0 $8,351,576 $8,351,576 $8,351,576

$0 $0 $8,351,576 $8,351,576 $8,351,576

126.99

CC: The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal education laws, and to provide resources to educators and parents of students with disabilities. Senate: The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal education laws, and to provide resources to educators and parents of students with disabilities.

State General Funds

$0

$0

126.100-Georgia Learning Resources System

Appropriation (HB 119)

The purpose of this appropriation is to train teachers and administrators in instructional practices, to assist local school districts in complying with federal

education laws, and to provide resources to educators and parents of students with disabilities.

TOTAL FEDERAL FUNDS

$8,351,576

$8,351,576

$8,351,576

$8,351,576

Federal Funds Not Itemized

$8,351,576

$8,351,576

$8,351,576

$8,351,576

TOTAL PUBLIC FUNDS

$8,351,576

$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 AGENCY FUNDS

$4,123,362 $4,123,362
$722,213

$4,123,362 $4,123,362
$722,213

$4,123,362 $4,123,362
$722,213

$4,123,362 $4,123,362
$722,213

5832

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$722,213 $722,213 $4,845,575

$722,213 $722,213 $4,845,575

$722,213 $722,213 $4,845,575

$722,213 $722,213 $4,845,575

127.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$2,094

$2,094

$2,094

$2,094

127.2 Transfer funds from the Information Technology Services program to provide an additional 1,500 courses.

State General Funds

$930,180

$0

$0

$0

127.3 Increase funds ($1,135,240) and utilize funds from contracts for administration ($105,000) to provide an additional 2,000 courses.

State General Funds

$1,135,240

$1,135,240

$1,135,240

127.99

CC: The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher. Senate: The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher.

State General Funds

$0

$0

127.100-Georgia Virtual School

Appropriation (HB 119)

The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access

supplementary resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher.

TOTAL STATE FUNDS

$5,055,636

$5,260,696

$5,260,696

$5,260,696

State General Funds

$5,055,636

$5,260,696

$5,260,696

$5,260,696

TOTAL AGENCY FUNDS

$722,213

$722,213

$722,213

$722,213

Sales and Services

$722,213

$722,213

$722,213

$722,213

Sales and Services Not Itemized

$722,213

$722,213

$722,213

$722,213

TOTAL PUBLIC FUNDS

$5,777,849

$5,982,909

$5,982,909

$5,982,909

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

$250,000 $250,000 $250,000

$250,000 $250,000 $250,000

$250,000 $250,000 $250,000

$250,000 $250,000 $250,000

128.1 Eliminate funds. State General Funds

($250,000)

$0

$0

$0

FRIDAY, APRIL 3, 2009

5833

128.99

CC: The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly among elementary and middle school teachers and students in underserved areas of the state. Senate: The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly among elementary and middle school teachers and students in underserved areas of the state.

State General Funds

$0

$0

128.100-Georgia Youth Science and Technology

Appropriation (HB 119)

The purpose of this appropriation is to offer educational programming that increases interest and enthusiasm in science, math, and technology, particularly

among elementary and middle school teachers and students in underserved areas of the state.

TOTAL STATE FUNDS

$250,000

$250,000

$250,000

State General Funds

$250,000

$250,000

$250,000

TOTAL PUBLIC FUNDS

$250,000

$250,000

$250,000

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,443,893 $1,443,893 $1,443,893

$1,443,893 $1,443,893 $1,443,893

$1,443,893 $1,443,893 $1,443,893

$1,443,893 $1,443,893 $1,443,893

129.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,483)

($7,483)

($7,483)

($7,483)

129.2 Reduce funds from contracts.

State General Funds

($75,000)

$0

($75,000)

($75,000)

129.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$1,956

$1,956

$1,956

$1,956

129.4 Reduce funds to reflect the charge of a $250 fee.

State General Funds

($172,000)

$0

129.99

CC: The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year. Senate: The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually available during the regular school year.

State General Funds 129.100-Governor's Honors Program

$0

$0

Appropriation (HB 119)

5834

JOURNAL OF THE HOUSE

The purpose of this appropriation is to provide gifted high school students a summer program of challenging and enriching educational opportunities not usually

available during the regular school year.

TOTAL STATE FUNDS

$1,363,366

$1,438,366

$1,191,366

$1,363,366

State General Funds

$1,363,366

$1,438,366

$1,191,366

$1,363,366

TOTAL PUBLIC FUNDS

$1,363,366

$1,438,366

$1,191,366

$1,363,366

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

$7,217,319 $7,217,319 $7,217,319

$7,217,319 $7,217,319 $7,217,319

$7,217,319 $7,217,319 $7,217,319

$7,217,319 $7,217,319 $7,217,319

130.1 Transfer funds for Education Technology Training Centers (ETTCs) to the Quality Basic Education program ($2,752,130) and Georgia Virtual School program ($930,180). (S:Eliminate funds and initiate new technology support programs through RESAs and/or technical schools)

State General Funds

($3,682,310)

$0 ($3,682,310)

$0

130.2 Reduce funds by 3%.

State General Funds

($110,469)

$0

($110,469)

130.99 CC: The purpose of this appropriation is to provide Internet access for local school systems, and to provide training and support to school systems staff in the use of technology in instruction through Educational Technology Training Centers. Senate: The purpose of this appropriation is to provide internet access for local school systems.

State General Funds

$0

$0

130.100-Information Technology Services

Appropriation (HB 119)

The purpose of this appropriation is to provide Internet access for local school systems, and to provide training and support to school systems staff in the use of

technology in instruction through Educational Technology Training Centers.

TOTAL STATE FUNDS

$3,535,009

$7,106,850

$3,535,009

$7,106,850

State General Funds

$3,535,009

$7,106,850

$3,535,009

$7,106,850

TOTAL PUBLIC FUNDS

$3,535,009

$7,106,850

$3,535,009

$7,106,850

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

FRIDAY, APRIL 3, 2009

5835

131.1 Eliminate funds. (H:Provide funds based on projected need)(S and CC:As funds are available, limit to 10% of base teacher salary)

State General Funds

($12,294,628) $1,450,000 ($5,085,142) ($5,085,142)

131.99

CC: The purpose of this appropriation is to provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for National Board Certified teachers. Senate: The purpose of this appropriation is to provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for National Board Certified teachers.

State General Funds

$0

$0

131.100-National Board Certification

Appropriation (HB 119)

The purpose of this appropriation is to provide to local school systems, in conjunction with the Professional Standards Commission, a salary increase for

National Board Certified teachers.

TOTAL STATE FUNDS

$13,744,628

$7,209,486

$7,209,486

State General Funds

$13,744,628

$7,209,486

$7,209,486

TOTAL PUBLIC FUNDS

$13,744,628

$7,209,486

$7,209,486

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

$750,000 $750,000 $750,000

$750,000 $750,000 $750,000

$750,000 $750,000 $750,000

$750,000 $750,000 $750,000

132.1 Eliminate funds.

State General Funds

($750,000)

($250,000)

($750,000)

($250,000)

132.99

CC: The purpose of this appropriation is to promote students' interest in math and science by offering educational programs and developing and helping schools implement educational technology. Senate: The purpose of this appropriation is to promote students' interest in math and science by offering educational programs and developing and helping schools implement educational technology.

State General Funds

$0

$0

132.100-National Science Center and Foundation

Appropriation (HB 119)

The purpose of this appropriation is to promote students' interest in math and science by offering educational programs and developing and helping schools

implement educational technology.

TOTAL STATE FUNDS

$500,000

$500,000

State General Funds

$500,000

$500,000

TOTAL PUBLIC FUNDS

$500,000

$500,000

5836

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

$28,625,373 $28,625,373 $28,625,373

$28,625,373 $28,625,373 $28,625,373

$28,625,373 $28,625,373 $28,625,373

$28,625,373 $28,625,373 $28,625,373

133.1 Reduce funds from Special Education - Low Incidence grants.

State General Funds

($24,802)

($24,802)

($24,802)

($24,802)

133.2 Reduce funds from Migrant Education.

State General Funds

($10,396)

($10,396)

($10,396)

($10,396)

133.3 Reduce funds from Sparsity grants.

State General Funds

($254,098)

($254,098)

($254,098)

($254,098)

133.4 Reduce funds from grants for Residential Treatment Centers.

State General Funds

($120,337)

($120,337)

$0

$0

133.5 Reduce funds from Georgia Special Needs Scholarship grants.

State General Funds

($169,702)

($169,702)

($169,702)

($169,702)

133.6 Increase funds for Special Needs Scholarships.

State General Funds

$5,978,162

$5,978,162

$5,978,162

133.98 Transfer all funds and activities for Classroom Supply Cards to the Quality Basic Education program. (H and S:Eliminate funds for the classroom supply cards)

State General Funds

($11,473,726) ($11,473,726) ($11,473,726) ($11,473,726)

133.99

CC: The purpose of this appropriation is to fund specific initiatives, including: the Georgia Special Needs Scholarship, children in residential education facilities, compensation for high performance principals, grants for migrant education, sparsity, low incidence special education, and onetime projects for local education boards. Senate: The purpose of this appropriation is to fund specific initiatives, including: summer remediation, the Georgia Special Needs Scholarships, children in residential education facilities, compensation for high performance principals, grants for migrant education, sparsity, low incidence special education, and one-time projects for local education boards.

State General Funds

$0

$0

133.100-Non Quality Basic Education Formula Grants

Appropriation (HB 119)

The purpose of this appropriation is to fund specific initiatives, including: the Georgia Special Needs Scholarship, children in residential education facilities,

compensation for high performance principals, grants for migrant education, sparsity, low incidence special education, and one-time projects for local education

boards.

FRIDAY, APRIL 3, 2009

5837

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$16,572,312 $16,572,312 $16,572,312

$22,550,474 $22,550,474 $22,550,474

$22,670,811 $22,670,811 $22,670,811

$22,670,811 $22,670,811 $22,670,811

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

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

$39,823,217 $39,823,217 $468,889,537 $468,889,537 $508,712,754

134.1 Reduce funds by 3%.

State General Funds

($1,194,697) ($1,194,697) ($1,194,697)

134.99

CC: 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 and comply with federal standards. Senate: 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 and comply with federal standards.

State General Funds

$0

$0

134.100 -Nutrition

Appropriation (HB 119)

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 and comply with federal standards.

TOTAL STATE FUNDS

$39,823,217 $38,628,520 $38,628,520 $38,628,520

State General Funds

$39,823,217 $38,628,520 $38,628,520 $38,628,520

TOTAL FEDERAL FUNDS

$468,889,537 $468,889,537 $468,889,537 $468,889,537

Federal Funds Not Itemized

$468,889,537 $468,889,537 $468,889,537 $468,889,537

TOTAL PUBLIC FUNDS

$508,712,754 $507,518,057 $507,518,057 $507,518,057

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

$30,358,072 $30,358,072 $30,358,072

$30,358,072 $30,358,072 $30,358,072

$30,358,072 $30,358,072 $30,358,072

$30,358,072 $30,358,072 $30,358,072

135.1 Annualize the cost of the FY09 salary adjustment.

5838

JOURNAL OF THE HOUSE

State General Funds

$146,093

$146,093

$146,093

$146,093

135.2 Reduce funds based on a projected change in full time equivalents.

State General Funds

($470,178)

($729,432)

($729,432)

($729,432)

135.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($247,418)

($101,441)

$0

$0

135.99

CC: The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed. Senate: The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better prepared to succeed.

State General Funds

$0

$0

135.100-Preschool Handicapped

Appropriation (HB 119)

The purpose of this appropriation is to provide early educational services to three- and four-year-old students with disabilities so that they enter school better

prepared to succeed.

TOTAL STATE FUNDS

$29,786,569 $29,673,292 $29,774,733 $29,774,733

State General Funds

$29,786,569 $29,673,292 $29,774,733 $29,774,733

TOTAL PUBLIC FUNDS

$29,786,569 $29,673,292 $29,774,733 $29,774,733

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

$170,943,051 $170,943,051 $170,943,051

$170,943,051 $170,943,051 $170,943,051

$170,943,051 $170,943,051 $170,943,051

$170,943,051 $170,943,051 $170,943,051

136.1 Reduce funds by 3%. (CC:Reduce funds by 1.5%)

State General Funds

($5,128,292) ($2,564,146)

136.99

CC: 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. Senate: 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.

State General Funds

$0

$0

FRIDAY, APRIL 3, 2009

5839

136.100-Pupil Transportation

Appropriation (HB 119)

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

$170,943,051 $170,943,051 $165,814,759 $168,378,905

State General Funds

$170,943,051 $170,943,051 $165,814,759 $168,378,905

TOTAL PUBLIC FUNDS

$170,943,051 $170,943,051 $165,814,759 $168,378,905

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

$548,529,543 $548,529,543 $548,529,543

$548,529,543 $548,529,543 $548,529,543

$548,529,543 $548,529,543 $548,529,543

$548,529,543 $548,529,543 $548,529,543

137.1 Reduce funds by capping the formula at twelve mills instead of fifteen. (H and S:Reduce funds)

State General Funds

($112,370,956) ($112,370,956) ($112,370,956) ($112,370,956)

137.99

CC: The purpose of this appropriation is to provide additional financial assistance to local school systems ranking in the lowest 75% of per pupil tax wealth as outlined in O.C.G.A. 20-2-165. Senate: The purpose of this appropriation is to provide additional financial assistance to local school systems with low property tax digests as measured per mill per full time equivalent.

State General Funds

$0

$0

137.100-Quality Basic Education Equalization

Appropriation (HB 119)

The purpose of this appropriation is to provide additional financial assistance to local school systems ranking in the lowest 75% of per pupil tax wealth as

outlined in O.C.G.A. 20-2-165.

TOTAL STATE FUNDS

$436,158,587 $436,158,587 $436,158,587 $436,158,587

State General Funds

$436,158,587 $436,158,587 $436,158,587 $436,158,587

TOTAL PUBLIC FUNDS

$436,158,587 $436,158,587 $436,158,587 $436,158,587

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

($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786) ($1,690,849,786)

138.1 Increase funds for school systems with declining tax digests.

5840

JOURNAL OF THE HOUSE

State General Funds

($6,654,944) ($6,654,944) ($6,654,944) ($6,654,944)

138.99 CC: The purpose of this program is to recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164. Senate: The purpose of this program is to recognize the required local portion of the Quality Basic Education program.

State General Funds

$0

$0

138.100-Quality Basic Education Local Five Mill Share

Appropriation (HB 119)

The purpose of this program is to recognize the required local portion of the Quality Basic Education program as outlined in O.C.G.A. 20-2-164.

TOTAL STATE FUNDS

($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730)

State General Funds

($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730)

TOTAL PUBLIC FUNDS

($1,697,504,730) ($1,697,504,730) ($1,697,504,730) ($1,697,504,730)

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

$8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299 $8,480,835,299

139.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$31,882,010 $31,882,010 $31,882,010 $31,882,010

139.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$28,239,356 $28,239,356 $28,239,356 $28,239,356

139.3 Increase funds to account for an enrollment growth of 0.23% and for training and experience.

State General Funds

$66,459,413 $66,459,413 $66,459,413 $66,459,413

139.4 Reduce funds from Quality Basic Education (QBE) formula funding.

State General Funds

($147,202,564) ($147,202,564) ($147,202,564) ($147,202,564)

139.5 Reduce funds received in HB990 (FY09G) for additional QBE enhancements.

State General Funds

($50,000,000) ($50,000,000) ($50,000,000) ($50,000,000)

139.6 Increase funds for dual enrollment courses. (H:Reduce dual enrollment administration from $161.44 per segment to $88.40 per segment)(CC:Increase funds for dual enrollment courses)

State General Funds

$1,390,960

$761,613

$1,390,960

$1,390,960

139.7 Recognize funds from the American Recovery and Reinvestment Act of 2009. (S:Transfer ARRA funds from the Technical College System of Georgia)

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($319,175,639) ($375,000,000) ($334,581,878) ($413,145,927)

$319,175,639 $400,000,000 $334,581,878 $413,145,927

$0 $25,000,000

$0

$0

FRIDAY, APRIL 3, 2009

5841

139.8 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($72,456,845) ($29,707,306)

$0

$0

139.9 Increase funds for charter systems grants.

State General Funds

$1,757,611

$1,757,611

$1,757,611

139.97 Transfer all funds and activities for Graduation Coaches and Classroom Supply Cards from the Dropout Prevention and Non-Quality Basic Education Formula Grants programs. (S:Transfer funds and activities for Graduation Coaches from the Dropout Prevention program)(CC:Transfer funds and activities for Graduation Coaches from the Dropout Prevention program to offset the austerity reduction)

State General Funds

$60,699,627

$0 $49,225,901 $49,225,901

139.98 Transfer all funds and activities for Education Technology Training Centers (ETTCs) from the Information Technology Services and Regional Education Service Agencies programs.

State General Funds

$15,219,551

$0

$0

$0

139.99

CC: The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students for the instruction of students in grades K-12 as outlined in O.C.G.A. 20-2-161. Senate: The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students 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.

State General Funds

$0

$0

139.100-Quality Basic Education Program

Appropriation (HB 119)

The purpose of this appropriation is to provide formula funds to school systems based on full time equivalent students for the instruction of students in grades K-

12 as outlined in O.C.G.A. 20-2-161.

TOTAL STATE FUNDS

$8,095,891,168 $8,008,025,432 $8,128,006,108 $8,049,442,059

State General Funds

$8,095,891,168 $8,008,025,432 $8,128,006,108 $8,049,442,059

TOTAL FEDERAL FUNDS

$319,175,639 $400,000,000 $334,581,878 $413,145,927

American Recovery and Reinvestment Act of 2009

$319,175,639 $400,000,000 $334,581,878 $413,145,927

TOTAL PUBLIC FUNDS

$8,415,066,807 $8,408,025,432 $8,462,587,986 $8,462,587,986

Regional Education Service Agencies

Continuation Budget

The purpose of this appropriation is to provide Georgia's 16 Regional Education Service Agencies with shared services to improve the effectiveness of

educational programs and services to local school systems.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$12,408,840 $12,408,840 $12,408,840

$12,408,840 $12,408,840 $12,408,840

$12,408,840 $12,408,840 $12,408,840

$12,408,840 $12,408,840 $12,408,840

140.1 Annualize the cost of the FY09 salary adjustment.

5842

JOURNAL OF THE HOUSE

State General Funds

$58,581

$58,581

$58,581

$58,581

140.2 Reduce funds by 3%.

State General Funds

($374,022)

($374,022)

($374,022)

140.3 Increase funds to provide additional educational technology training.

Lottery Proceeds

$1,773,074

$0

140.98 Transfer all funds and activities to the Quality Basic Education Program.

State General Funds

($12,467,421)

$0

$0

$0

140.99

CC: The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services. Senate: The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and other shared services.

State General Funds

$0

$0

140.100-Regional Education Service Agencies

Appropriation (HB 119)

The purpose of this appropriation is to provide Georgia's sixteen Regional Education Service Agencies with funds to assist local school systems with improving

the effectiveness of their educational programs by providing curriculum consultation, skill enhancement, professional development, technology training, and

other shared services.

TOTAL STATE FUNDS

$12,093,399 $13,866,473 $12,093,399

State General Funds

$12,093,399 $12,093,399 $12,093,399

Lottery Proceeds

$1,773,074

TOTAL PUBLIC FUNDS

$12,093,399 $13,866,473 $12,093,399

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

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

$10,191,533 $10,191,533
$100,000 $100,000 $100,000 $10,291,533

141.1 Defer the FY09 cost of living adjustment. State General Funds

($140,581)

($140,581)

($140,581)

($140,581)

FRIDAY, APRIL 3, 2009

5843

141.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$26,602

$26,602

$26,602

$26,602

141.3 Reduce funds by eliminating five vacant positions. (H:Provide for additional reductions)(S and CC:Utilize federal funds)

State General Funds

($500,000) ($1,000,000) ($2,000,000) ($2,000,000)

141.98 Transfer all funds and activities for Math and Science Mentors ($2,621,358) and Teacher Success/CLASS Keys ($257,500) from the Academic Coach program.

State General Funds

$2,878,858

$257,500

$2,878,858

$257,500

141.99

CC: The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low- performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement. Senate: The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low- performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall student achievement. The purpose of this appropriation is also to implement statewide direct classroom support for teachers in math and science.

State General Funds

$0

$0

141.100-School Improvement

Appropriation (HB 119)

The purpose of this appropriation is to provide research, technical assistance, resources, teacher professional learning, and leadership training for low-

performing schools and local educational agencies to help them design and implement school improvement strategies to improve graduation rates and overall

student achievement.

TOTAL STATE FUNDS

$12,456,412

$9,335,054 $10,956,412

$8,335,054

State General Funds

$12,456,412

$9,335,054 $10,956,412

$8,335,054

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

$12,556,412

$9,435,054 $11,056,412

$8,435,054

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

$30,000,000 $30,000,000 $30,000,000

142.1 Eliminate funds. (H and S:Reduce funds by 3%) State General Funds

($30,000,000)

($900,000)

($900,000)

($900,000)

5844

JOURNAL OF THE HOUSE

142.99 CC: The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. Senate: The purpose of this appropriation is to provide training, technical assistance, and resources to school nurses who provide health procedures for students at school.

State General Funds

$0

142.100-School Nurses

Appropriation (HB 119)

The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school.

TOTAL STATE FUNDS

$29,100,000 $29,100,000

State General Funds

$29,100,000 $29,100,000

TOTAL PUBLIC FUNDS

$29,100,000 $29,100,000

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

$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

$0
$29,100,000 $29,100,000 $29,100,000
$70,845,875 $70,845,875 $13,359,858 $13,359,858 $84,205,733

143.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$232,510

$232,510

$232,510

$232,510

143.2 Reduce funds to meet projected need.

State General Funds

($1,957,711) ($1,957,711) ($1,957,711) ($1,957,711)

143.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($611,953)

($250,901)

$0

$0

143.99

CC: The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families. Senate: The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families.

State General Funds

$0

$0

143.100-Severely Emotionally Disturbed

Appropriation (HB 119)

The purpose of this appropriation is to fund the Georgia Network for Educational and Therapeutic Support (GNETS), which provides services, education, and

resources for students ages three to twenty-one with autism or severe emotional behavioral problems and their families.

FRIDAY, APRIL 3, 2009

5845

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$68,508,721 $68,508,721 $13,359,858 $13,359,858 $81,868,579

$68,869,773 $68,869,773 $13,359,858 $13,359,858 $82,229,631

$69,120,674 $69,120,674 $13,359,858 $13,359,858 $82,480,532

$69,120,674 $69,120,674 $13,359,858 $13,359,858 $82,480,532

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

$257,462,021 $257,462,021 $19,445,076
$19,445,076 $276,907,097

$257,462,021 $257,462,021 $19,445,076
$19,445,076 $276,907,097

$257,462,021 $257,462,021 $19,445,076 $19,445,076 $276,907,097

$257,462,021 $257,462,021 $19,445,076 $19,445,076 $276,907,097

144.1 Increase funds for the employer contribution for eligible non-certified managers who elect to participate in the Teachers' Retirement System.

State General Funds

$450,000

$450,000

$450,000

144.2 Reduce funds from health insurance for non-certificated personnel and direct the Department of Community Health to cover this contribution from surpluses in the State Health Benefit Plan. (CC:Increase state funds for block grant)

State General Funds

($248,864,058) ($166,647,981)

144.99

CC: The purpose of this appropriation is to provide health insurance to retired teachers and non-certificated personnel and to pass through funding via a contract. These transfers include health insurance for retired teachers and non-certificated personnel, special education services in other state agencies, teacher's retirement, and vocational funding for the post-secondary vocational education agency. Senate: The purpose of this appropriation is to provide health insurance to retired teachers and non-certificated personnel and to pass through funding via a contract. These transfers include health insurance for retired teachers and non-certificated personnel, special education services in other state agencies, teacher's retirement, and vocational funding for the post-secondary vocational education agency.

State General Funds

$0

$0

144.100-State Interagency Transfers

Appropriation (HB 119)

The purpose of this appropriation is to provide health insurance to retired teachers and non-certificated personnel and to pass through funding via a contract.

These transfers include health insurance for retired teachers and non-certificated personnel, special education services in other state agencies, teacher's

retirement, and vocational funding for the post-secondary vocational education agency.

TOTAL STATE FUNDS

$257,462,021 $257,912,021

$9,047,963 $91,264,040

State General Funds

$257,462,021 $257,912,021

$9,047,963 $91,264,040

TOTAL FEDERAL FUNDS

$19,445,076 $19,445,076 $19,445,076 $19,445,076

Federal Funds Not Itemized

$19,445,076 $19,445,076 $19,445,076 $19,445,076

TOTAL PUBLIC FUNDS

$276,907,097 $277,357,097 $28,493,039 $110,709,116

5846

JOURNAL OF THE HOUSE

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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$23,357,809 $23,357,809 $1,649,199
$716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008

$23,357,809 $23,357,809 $1,649,199
$716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008

$23,357,809 $23,357,809
$1,649,199 $716,484 $716,484 $828,560 $828,560 $104,155 $104,155
$25,007,008

$23,357,809 $23,357,809 $1,649,199
$716,484 $716,484 $828,560 $828,560 $104,155 $104,155 $25,007,008

145.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$41,536

$41,536

$41,536

$41,536

145.2 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$71,967

$71,967

$71,967

$71,967

145.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($177,241)

($72,669)

$0

$0

145.99

CC: The purpose of this appropriation is to provide funds for the operation of State Schools which serve sensory-impaired and multi-disabled students through residential and day programs which provide a learning environment addressing their academic, vocational, and social development. Senate: The purpose of this appropriation is to provide funds for the operation of State Schools which serve sensory-impaired and multi-disabled students through residential and day programs which provide a learning environment addressing their academic, vocational, and social development.

State General Funds

$0

$0

145.100-State Schools

Appropriation (HB 119)

The purpose of this appropriation is to provide funds for the operation of State Schools which serve sensory-impaired and multi-disabled students through

residential and day programs which provide a learning environment addressing their academic, vocational, and social development.

TOTAL STATE FUNDS

$23,294,071 $23,398,643 $23,471,312 $23,471,312

State General Funds

$23,294,071 $23,398,643 $23,471,312 $23,471,312

TOTAL AGENCY FUNDS

$1,649,199

$1,649,199

$1,649,199

$1,649,199

Contributions, Donations, and Forfeitures

$716,484

$716,484

$716,484

$716,484

Contributions, Donations, and Forfeitures Not Itemized

$716,484

$716,484

$716,484

$716,484

Intergovernmental Transfers

$828,560

$828,560

$828,560

$828,560

FRIDAY, APRIL 3, 2009

5847

Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$828,560 $104,155 $104,155 $24,943,270

$828,560 $104,155 $104,155 $25,047,842

Technology/Career Education

Continuation Budget

The purpose of this appropriation is to equip students with academic, technical and leadership skills.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

$828,560 $104,155 $104,155 $25,120,511
$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

$828,560 $104,155 $104,155 $25,120,511
$16,796,972 $16,796,972 $22,273,772 $22,273,772 $13,004,468 $13,004,468 $13,004,468 $52,075,212

146.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$41,476

$41,476

$41,476

$41,476

146.2 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($63,511)

($26,039)

$0

$0

146.3 Reduce funds to reflect the revised revenue estimate. (S:Reduce funds from operations ($503,909) and from Vocational Supervisors ($350,000))

State General Funds

($503,909)

($503,909)

($853,909)

($503,909)

146.99

CC: The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year. Senate: The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the traditional school day and year.

State General Funds

$0

$0

146.100-Technology/Career Education

Appropriation (HB 119)

The purpose of this appropriation is to equip students with academic, vocational, technical, and leadership skills and to extend learning opportunities beyond the

traditional school day and year.

TOTAL STATE FUNDS

$16,271,028 $16,308,500 $15,984,539 $16,334,539

State General Funds

$16,271,028 $16,308,500 $15,984,539 $16,334,539

TOTAL FEDERAL FUNDS

$22,273,772 $22,273,772 $22,273,772 $22,273,772

Federal Funds Not Itemized

$22,273,772 $22,273,772 $22,273,772 $22,273,772

5848

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$13,004,468 $13,004,468 $13,004,468 $51,549,268

$13,004,468 $13,004,468 $13,004,468 $51,586,740

$13,004,468 $13,004,468 $13,004,468 $51,262,779

$13,004,468 $13,004,468 $13,004,468 $51,612,779

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

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

$23,243,020 $23,243,020 $13,664,544 $13,664,544 $36,907,564

147.1 Reduce funds from State-Mandated Testing.

State General Funds

($444,860)

($444,860)

($444,860)

($444,860)

147.2 Reduce funds from SAT Preparation contracts.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

147.3 Reduce funds from Advanced Placement tests for private schools.

State General Funds

($354,075)

($354,075)

($354,075)

147.99

CC: The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools. Senate: The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools.

State General Funds

$0

$0

147.100 -Testing

Appropriation (HB 119)

The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local

schools.

TOTAL STATE FUNDS

$22,698,160 $22,344,085 $22,344,085 $22,344,085

State General Funds

$22,698,160 $22,344,085 $22,344,085 $22,344,085

TOTAL FEDERAL FUNDS

$13,664,544 $13,664,544 $13,664,544 $13,664,544

Federal Funds Not Itemized

$13,664,544 $13,664,544 $13,664,544 $13,664,544

TOTAL PUBLIC FUNDS

$36,362,704 $36,008,629 $36,008,629 $36,008,629

Tuition for Multi-Handicapped

Continuation Budget

FRIDAY, APRIL 3, 2009

5849

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

148.99

CC: The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an appropriate program for a multi-handicapped student. Senate: The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an appropriate program for a multi-handicapped student.

State General Funds

$0

$0

148.100-Tuition for Multi-Handicapped

Appropriation (HB 119)

The purpose of this appropriation is to partially reimburse school systems for private residential placements when the school system is unable to provide an

appropriate program for a multi-handicapped student.

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 $2,715.64. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Section 24: Employees' Retirement System of Georgia
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

$7,151,826 $7,151,826 $2,929,619 $2,929,619 $17,601,599 $17,601,599 $27,683,044

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

Section Total - Final

$7,187,430

$7,187,430

$7,187,430

$7,187,430

$3,247,904

$3,247,904

$3,247,904

$3,247,904

$16,027,369 $16,027,369

$7,187,430 $7,187,430 $3,247,904 $3,247,904 $16,027,369

$7,187,430 $7,187,430 $3,247,904 $3,247,904 $16,027,369

5850

JOURNAL OF THE HOUSE

State Funds Transfers TOTAL PUBLIC FUNDS

$16,027,369 $26,462,703

$16,027,369 $26,462,703

$16,027,369 $26,462,703

$16,027,369 $26,462,703

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 $2,929,619 $2,929,619 $2,929,619 $2,929,619

$0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619

$0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619

$0 $0 $2,929,619 $2,929,619 $2,929,619 $2,929,619

149.1 Increase funds based on expected expenditures.

Retirement Payments

$634

$634

149.2 Increase funds for the implementation of the Georgia State Employees Pension and Savings Plan (GSEPS).

Sales and Services Not Itemized

$318,285

$318,285

$634 $318,285

$634 $318,285

149.100-Deferred Compensation

Appropriation (HB 119)

The purpose of this appropriation is to provide excellent service to participants in the deferred compensation program for all employees of the State, giving them

an effective supplement for their retirement planning.

TOTAL AGENCY FUNDS

$3,247,904

$3,247,904

$3,247,904

$3,247,904

Sales and Services

$3,247,904

$3,247,904

$3,247,904

$3,247,904

Sales and Services Not Itemized

$3,247,904

$3,247,904

$3,247,904

$3,247,904

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$634

$634

$634

$634

State Funds Transfers

$634

$634

$634

$634

Retirement Payments

$634

$634

$634

$634

TOTAL PUBLIC FUNDS

$3,248,538

$3,248,538

$3,248,538

$3,248,538

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

$1,323,024 $1,323,024 $1,323,024

$1,323,024 $1,323,024 $1,323,024

$1,323,024 $1,323,024 $1,323,024

$1,323,024 $1,323,024 $1,323,024

150.1 Increase funds to align with the actuarial total required annual contribution.

State General Funds

$110,604

150.2 Reduce funds to reflect the revised revenue estimate.

$110,604

$110,604

$110,604

FRIDAY, APRIL 3, 2009

5851

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

150.100-Georgia Military Pension Fund

Appropriation (HB 119)

The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard.

TOTAL STATE FUNDS

$1,358,628

$1,358,628

$1,358,628

State General Funds

$1,358,628

$1,358,628

$1,358,628

TOTAL PUBLIC FUNDS

$1,358,628

$1,358,628

$1,358,628

$1,358,628 $1,358,628 $1,358,628

Public School Employees Retirement System

Continuation Budget

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 State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

$5,828,802 $5,828,802
$287,500 $287,500 $287,500 $6,116,302

151.100-Public School Employees Retirement System

Appropriation (HB 119)

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

$5,828,802

$5,828,802

$5,828,802

$5,828,802

State General Funds

$5,828,802

$5,828,802

$5,828,802

$5,828,802

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$287,500

$287,500

$287,500

$287,500

State Funds Transfers

$287,500

$287,500

$287,500

$287,500

Retirement Payments

$287,500

$287,500

$287,500

$287,500

TOTAL PUBLIC FUNDS

$6,116,302

$6,116,302

$6,116,302

$6,116,302

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.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments
TOTAL PUBLIC FUNDS

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

$0 $0 $17,314,099 $17,314,099 $17,314,099 $17,314,099

152.1 Reduce funds due to the completed implementation of the Georgia State Employees Pension and Savings Plan (GSEPS).

5852

JOURNAL OF THE HOUSE

Retirement Payments

($17,250)

($17,250)

($17,250)

($17,250)

152.2 Reduce funds due to the completion of the disaster recovery project.

Retirement Payments

($225,000)

($225,000)

($225,000)

($225,000)

152.3 Reduce funds related to the Group Term Life Insurance (GTLI) project. (S and CC:Reduce funds from contracts related to ERS/PSERS lawsuits filed in CY07 and CY08)

Retirement Payments

($1,332,614) ($1,332,614) ($1,332,614) ($1,332,614)

152.100-System Administration

Appropriation (HB 119)

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

$15,739,235 $15,739,235 $15,739,235 $15,739,235

State Funds Transfers

$15,739,235 $15,739,235 $15,739,235 $15,739,235

Retirement Payments

$15,739,235 $15,739,235 $15,739,235 $15,739,235

TOTAL PUBLIC FUNDS

$15,739,235 $15,739,235 $15,739,235 $15,739,235

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 the GSEPS employees, the employer contribution rate shall not exceed 6.54% for the pension portion of the benefit and 3.0% in employer match contributions for the 401(k) portion of the benefit. It is the intent of the General Assembly that the employer contribution for Public School Employees' Retirement System shall not exceed $141.46 per member for State Fiscal Year 2010.

Section 25: 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

$39,265,053 $39,265,053 $8,610,055 $8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

$39,265,053 $39,265,053 $8,610,055
$8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

$39,265,053 $39,265,053
$8,610,055 $8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

$39,265,053 $39,265,053 $8,610,055
$8,610,055 $5,626,650
$125,000 $13,000
$5,488,650 $53,501,758

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements

Section Total - Final

$32,915,798 $33,441,333

$32,915,798 $33,441,333

$8,610,055

$8,610,055

$8,610,055

$8,610,055

$5,626,650

$5,626,650

$125,000

$125,000

$34,600,778 $34,600,778 $8,603,135 $8,603,135 $5,633,570
$125,000

$34,463,728 $34,463,728 $8,603,135 $8,603,135 $5,633,570
$125,000

FRIDAY, APRIL 3, 2009

5853

Royalties and Rents Sales and Services TOTAL PUBLIC FUNDS

$13,000 $5,488,650 $47,152,503

$13,000 $5,488,650 $47,678,038

$13,000 $5,495,570 $48,837,483

$13,000 $5,495,570 $48,700,433

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

$4,606,407 $4,606,407
$8,872 $8,872 $8,872 $4,615,279

$4,606,407 $4,606,407
$8,872 $8,872 $8,872 $4,615,279

$4,606,407 $4,606,407
$8,872 $8,872 $8,872 $4,615,279

$4,606,407 $4,606,407
$8,872 $8,872 $8,872 $4,615,279

153.1 Defer the FY09 cost of living adjustment.

State General Funds

($31,966)

($31,966)

($31,966)

($31,966)

153.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($133,158)

($115,068)

$0

$0

153.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($174,536)

($174,536)

($174,536)

($174,536)

153.4 Reduce one-time funds received in HB1027 (FY07G) to construct a garage for a Georgia Bureau of Investigation (GBI) bomb truck.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

153.5 Reduce one-time funds received in HB1027 (FY07G) to purchase six fire engines.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

153.6 Reduce funds designated for one training officer position and fund with existing federal funds.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

153.7 Reduce funds and replace with fees retained from existing federal grants to landowners.

State General Funds

($218,711)

($218,711)

($218,711)

($218,711)

153.8 Reduce funds from travel.

State General Funds

($11,906)

($11,906)

($11,906)

($11,906)

153.9 Reduce funds from operations.

5854

JOURNAL OF THE HOUSE

State General Funds

($36,812)

153.10 Reduce funds by eliminating a vacant maintenance position at the Macon headquarters.

State General Funds

($40,000)

153.11 Reduce funds by eliminating various contracts.

State General Funds

($60,000)

153.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($37,050)

153.13 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($36,812) ($40,000) ($60,000) ($37,050)
($5,507)

($36,812) ($40,000) ($60,000)
$0 ($5,507)

($36,812) ($40,000) ($60,000) ($37,050)
($5,507)

153.100-Commission Administration

Appropriation (HB 119)

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

$3,637,268

$3,649,851

$3,801,969

$3,764,919

State General Funds

$3,637,268

$3,649,851

$3,801,969

$3,764,919

TOTAL AGENCY FUNDS

$8,872

$8,872

$8,872

$8,872

Sales and Services

$8,872

$8,872

$8,872

$8,872

Sales and Services Not Itemized

$8,872

$8,872

$8,872

$8,872

TOTAL PUBLIC FUNDS

$3,646,140

$3,658,723

$3,810,841

$3,773,791

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

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

$3,863,541 $3,863,541 $6,555,882 $6,555,882
$707,587 $125,000 $125,000 $582,587 $582,587 $11,127,010

154.1 Defer the FY09 cost of living adjustment. State General Funds

($30,391)

($30,391)

($30,391)

($30,391)

FRIDAY, APRIL 3, 2009

5855

154.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($180,900)

($156,324)

$0

$0

154.3 Reduce one-time funds received in HB990 (FY09G) to purchase a vehicle for a conservation forester.

State General Funds

($16,000)

($16,000)

($16,000)

($16,000)

154.4 Reduce funds from travel.

State General Funds

($28,600)

($28,600)

($28,600)

($28,600)

154.5 Reduce funds from operations.

State General Funds

($5,917)

($5,917)

($5,917)

($5,917)

154.6 Reduce funds from the forest inventory program by eliminating two vacant forester positions.

State General Funds

($26,208)

($26,208)

($26,208)

($26,208)

154.7 Reduce funds by eliminating one vacant educational forest coordinator position at the Bartram Forest.

State General Funds

($49,587)

($49,587)

($49,587)

($49,587)

154.8 Reduce funds by eliminating one vacant sustainable community forester position for the Metro-Atlanta region.

State General Funds

($77,886)

($77,886)

($77,886)

($77,886)

154.9 Reduce funds by eliminating one vacant marketing forester position.

State General Funds

($63,000)

($63,000)

($63,000)

($63,000)

154.10 Eliminate funds from the Southern Forest World museum.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

154.11 Eliminate funds by closing the Brender Demonstration Forest.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

154.12 Reduce funds by hiring all forester positions on a temporary basis for three months.

State General Funds

($4,000)

($4,000)

($4,000)

($4,000)

154.13 Reduce funds to reflect the revised revenue estimate.

State General Funds

($33,874)

($33,874)

($33,874)

($33,874)

154.99

CC: The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program.

5856

JOURNAL OF THE HOUSE

Senate: The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program.

State General Funds

$0

$0

154.100-Forest Management

Appropriation (HB 119)

The purpose of this appropriation is to ensure the stewardship of forest lands; to collect and analyze state forestry inventory data; to administer federal forestry

cost share assistance programs; to study forest health and invasive species control issues; to manage state owned forests; to educate private forest landowners

and timber harvesters about best management practices; to assist communities with management of forested greenspace; to promote and obtain conservation

easements; to manage of Georgia's Carbon Registry; to promote retention, investment, and/or expansion of new emerging and existing forest and forest biomass

industries and, during extreme fire danger, to provide logistical, overhead, and direct fire suppression assistance to the Forest Protection program.

TOTAL STATE FUNDS

$3,307,178

$3,331,754

$3,488,078

$3,488,078

State General Funds

$3,307,178

$3,331,754

$3,488,078

$3,488,078

TOTAL FEDERAL FUNDS

$6,555,882

$6,555,882

$6,555,882

$6,555,882

Federal Funds Not Itemized

$6,555,882

$6,555,882

$6,555,882

$6,555,882

TOTAL AGENCY FUNDS

$707,587

$707,587

$707,587

$707,587

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

$582,587

$582,587

$582,587

$582,587

Sales and Services Not Itemized

$582,587

$582,587

$582,587

$582,587

TOTAL PUBLIC FUNDS

$10,570,647 $10,595,223 $10,751,547 $10,751,547

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 State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$30,850,411 $30,850,411 $1,964,173 $1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

$30,850,411 $30,850,411 $1,964,173
$1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

$30,850,411 $30,850,411
$1,964,173 $1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

$30,850,411 $30,850,411
$1,964,173 $1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $36,298,695

FRIDAY, APRIL 3, 2009

5857

155.1 Defer the FY09 cost of living adjustment.

State General Funds

($236,666)

($236,666)

($236,666)

($236,666)

155.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($22,372)

($22,372)

($22,372)

($22,372)

155.3 Defer salary adjustments for critical jobs.

State General Funds

($42,845)

($42,845)

($42,845)

($42,845)

155.4 Defer special adjustments to selected job classes.

State General Funds

($929,960)

($929,960)

($929,960)

($929,960)

155.5

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($847,246)

($732,142)

$0

$0

155.6 Reduce one-time funds received in HB990 (FY09G) to purchase a vehicle for an arson investigator.

State General Funds

($16,000)

($16,000)

($16,000)

($16,000)

155.7 Reduce funds for four and a half fire control positions and fund with existing federal funds.

State General Funds

($166,209)

($166,209)

($166,209)

($166,209)

155.8 Reduce funds for two welder positions and fund with existing federal funds.

State General Funds

($42,000)

($42,000)

($42,000)

($42,000)

155.9 Reduce funds from operations.

State General Funds

($490,560)

($490,560)

($490,560)

($490,560)

155.10 Reduce funds from travel.

State General Funds

($49,728)

($49,728)

($49,728)

($49,728)

155.11 Reduce funds by eliminating 124 Commission-issued cell phones for fire control personnel.

State General Funds

($67,200)

($67,200)

($67,200)

($67,200)

155.12 Reduce funds designated for vehicle purchases.

State General Funds

($249,413)

($249,413)

($249,413)

($249,413)

155.13 Reduce funds for firefighting equipment.

State General Funds

($575,000)

($500,000)

($500,000)

($500,000)

155.14 Reduce funds and replace with increased fees charged to landowners, rural fire departments, and other groups.

State General Funds

($420,840)

($420,840)

($420,840)

($420,840)

155.15 Reduce funds by eliminating one vacant administrative assistant position.

5858

JOURNAL OF THE HOUSE

State General Funds

($38,480)

($38,480)

($38,480)

($38,480)

155.16 Reduce funds by eliminating four temporary mitigation clerks.

State General Funds

($38,801)

($38,801)

($38,801)

($38,801)

155.17 Reduce funds received in HB990 (FY09G) for an aviation maintenance position.

State General Funds

($81,768)

($81,768)

($81,768)

($81,768)

155.18 Reduce funds and consolidate four County Fire Control Units.

State General Funds

($29,600)

($29,600)

($29,600)

($29,600)

155.19 Reduce funds by hiring all fire ranger positions on a temporary basis for three months.

State General Funds

($68,000)

($68,000)

($68,000)

($68,000)

155.20 Reduce funds from contracts.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

155.21 Reduce funds to reflect the revised revenue estimate.

State General Funds

($265,733)

($265,733)

$0

($100,000)

155.22 Reduce funds received in HB990 (FY09G) for one helicopter pilot position.

State General Funds

($24,238)

($24,238)

155.99

CC: The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest Management program during periods of low fire danger. Senate: The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest Management program during periods of low fire danger.

State General Funds

$0

$0

155.100-Forest Protection

Appropriation (HB 119)

The purpose of this appropriation is to ensure an aggressive and efficient response and suppression of forest fires in the unincorporated areas of the State; to

mitigate hazardous forest fuels; to issue burn permits, to provide statewide education in the prevention of wildfires; to perform wildfire arson investigations; to

promote community wildland fire planning and protection thru cooperative agreements with fire departments; to train and certify firefighters in wildland

firefighting; to provide assistance and support to rural fire departments including selling wildland fire engines and tankers; and to support the Forest

Management program during periods of low fire danger.

TOTAL STATE FUNDS

$26,146,990 $26,337,094 $27,310,731 $27,210,731

State General Funds

$26,146,990 $26,337,094 $27,310,731 $27,210,731

FRIDAY, APRIL 3, 2009

5859

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

$1,964,173 $1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $31,595,274

$1,964,173 $1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $31,785,378

$1,964,173 $1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $32,759,015

$1,964,173 $1,964,173 $3,484,111
$13,000 $13,000 $3,471,111 $3,471,111 $32,659,015

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$123,287 $123,287
$20,000 $20,000 $74,580 $74,580 $74,580 $217,867

$123,287 $123,287
$20,000 $20,000 $74,580 $74,580 $74,580 $217,867

$123,287 $123,287
$20,000 $20,000 $74,580 $74,580 $74,580 $217,867

$123,287 $123,287 $20,000
$20,000 $74,580 $74,580 $74,580 $217,867

156.1 Defer the FY09 cost of living adjustment.

State General Funds

($653)

($653)

($653)

($653)

156.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

$0

$0

$0

$0

156.3 Eliminate funds and consolidate activities within the Tree Seedling Nursery program. (S and CC:Transfer all funds and activities to the Tree Seedling Nursery program)

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($119,679)

$0

($122,634)

($122,634)

($20,000)

($20,000)

($74,580)

($74,580)

($217,214)

($217,214)

156.100-Tree Improvement

Appropriation (HB 119)

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.

5860

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 PUBLIC FUNDS

$2,955 $2,955 $20,000 $20,000 $74,580 $74,580 $74,580 $97,535

$122,634 $122,634
$20,000 $20,000 $74,580 $74,580 $74,580 $217,214

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

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

($178,593) ($178,593)
$70,000 $70,000 $1,351,500 $1,351,500 $1,351,500 $1,242,907

157.1 Restore funds to correct the negative balance and to support the reforestation of Georgia. (S and CC:Transfer all funds and activities from the Tree Improvement program and evaluate the cost-effectiveness and long-term viability of the Tree Seedling Nursery program)

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$178,593

$178,593 $13,080 $81,500
$273,173

$178,593 $13,080 $81,500
$273,173

157.100-Tree Seedling Nursery

Appropriation (HB 119)

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)

State General Funds

($178,593)

TOTAL FEDERAL FUNDS

$70,000

$70,000

$83,080

$83,080

Federal Funds Not Itemized

$70,000

$70,000

$83,080

$83,080

TOTAL AGENCY FUNDS

$1,351,500

$1,351,500

$1,433,000

$1,433,000

Sales and Services

$1,351,500

$1,351,500

$1,433,000

$1,433,000

Sales and Services Not Itemized

$1,351,500

$1,351,500

$1,433,000

$1,433,000

TOTAL PUBLIC FUNDS

$1,242,907

$1,421,500

$1,516,080

$1,516,080

Section 26: Governor, Office of the

Section Total - Continuation

FRIDAY, APRIL 3, 2009

5861

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

$57,642,768 $57,642,768 $43,764,158 $43,514,158
$250,000 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $103,898,210

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers 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

$49,624,954 $48,692,367

$49,624,954 $48,692,367

$43,764,158 $43,764,158

$43,514,158 $43,514,158

$250,000

$250,000

$2,343,959

$2,343,959

$10,000

$10,000

$500,000

$500,000

$100,000

$100,000

$983,306

$983,306

$561,056

$561,056

$189,597

$189,597

$147,325

$147,325

$147,325

$147,325

$95,880,396 $94,947,809

$50,711,076 $50,711,076 $44,755,838 $43,514,158
$1,241,680 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $97,958,198

$48,985,692 $48,985,692 $44,755,838 $43,514,158 $1,241,680 $2,343,959
$10,000 $500,000 $100,000 $983,306 $561,056 $189,597 $147,325 $147,325 $96,232,814

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

$4,448,905 $4,448,905
$659,400 $659,400
$10,000

$4,448,905 $4,448,905
$659,400 $659,400
$10,000

$4,448,905 $4,448,905
$659,400 $659,400
$10,000

$4,448,905 $4,448,905
$659,400 $659,400 $10,000

5862

JOURNAL OF THE HOUSE

Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$10,000 $10,000 $5,118,305

$10,000 $10,000 $5,118,305

$10,000 $10,000 $5,118,305

$10,000 $10,000 $5,118,305

158.1 Defer the FY09 cost of living adjustment.

State General Funds

($4,286)

($4,286)

($4,286)

($4,286)

158.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($13,494)

($11,660)

$0

$0

158.3 Reduce funds from grants and benefits to non-profit arts and cultural organizations. (S and CC:Reduce funds from grants and utilize funds from the American Recovery and Reinvestment Act of 2009)

State General Funds

($588,978)

($688,978) ($1,638,460) ($1,638,460)

158.4 Reduce funds from operations.

State General Funds

($25,731)

($25,731)

($69,366)

($25,731)

158.5 Reduce funds from personnel.

State General Funds

($8,125)

($8,125)

($8,125)

($8,125)

158.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($38,126)

($38,126)

($38,126)

($38,126)

158.7 Transfer funds for the Georgia Humanities Council to the Department of Economic Development.

State General Funds

($139,050)

158.99

CC: The purpose of this appropriation is to provide for Council operations, fund grants and services for non-profit arts and cultural organizations, and maintain the Georgia State Art Collection and Capital Galleries. Senate: The purpose of this appropriation is to provide for Council operations, fund grants and services for non-profit arts and cultural organizations, and maintain the Georgia State Art Collection and Capital Galleries.

State General Funds

$0

$0

158.100-Arts, Georgia Council for the

Appropriation (HB 119)

The purpose of this appropriation is to provide for Council operations, fund grants and services for non-profit arts and cultural organizations, and maintain the

Georgia State Art Collection and Capital Galleries.

TOTAL STATE FUNDS

$3,770,165

$3,671,999

$2,690,542

$2,595,127

State General Funds

$3,770,165

$3,671,999

$2,690,542

$2,595,127

TOTAL FEDERAL FUNDS

$659,400

$659,400

$659,400

$659,400

FRIDAY, APRIL 3, 2009

5863

Federal Funds Not Itemized TOTAL AGENCY FUNDS
Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$659,400 $10,000 $10,000 $10,000
$4,439,565

$659,400 $10,000 $10,000 $10,000
$4,341,399

$659,400 $10,000 $10,000 $10,000
$3,359,942

$659,400 $10,000 $10,000 $10,000
$3,264,527

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

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

$1,199,011 $1,199,011
$179,558 $179,558
$25 $25 $25 $1,378,594

159.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,959)

($7,959)

($7,959)

($7,959)

159.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($32,205)

($27,830)

$0

$0

159.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,013

$3,013

$3,013

$3,013

159.4 Reduce one-time funds received in HB990 (FY09G) for a statewide needs assessment of child-welfare resources and services.

State General Funds

($70,000)

($70,000)

($70,000)

($70,000)

159.5 Reduce one-time funds received in HB990 (FY09G) to supplement the 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)

($13,500)

159.6 Reduce funds by eliminating one vacant executive secretary position.

State General Funds

($50,706)

($50,706)

($50,706)

($50,706)

159.7 Reduce funds from operations.

5864

JOURNAL OF THE HOUSE

State General Funds 159.8 Reduce funds from contracts. State General Funds 159.9 Reduce funds to reflect the revised revenue estimate. State General Funds

($9,902) ($50,975)
($9,815)

($9,902) ($50,975)
($9,815)

($9,902) ($50,975)
($9,815)

($9,902) ($50,975)
($9,815)

159.100-Child Advocate, Office of the

Appropriation (HB 119)

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

$956,962

$961,337

$989,167

$989,167

State General Funds

$956,962

$961,337

$989,167

$989,167

TOTAL FEDERAL FUNDS

$179,558

$179,558

$179,558

$179,558

Federal Funds Not Itemized

$179,558

$179,558

$179,558

$179,558

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

$1,136,545

$1,140,920

$1,168,750

$1,168,750

Children and Families, Governor's Office for
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

Continuation Budget

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

$9,488,781 $9,488,781 $7,206,237 $6,956,237
$250,000 $250,000 $16,695,018

160.1 Defer the FY09 cost of living adjustment.

State General Funds

($13,114)

($13,114)

($13,114)

($13,114)

160.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($9,261)

($8,003)

$0

$0

160.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$23,158

$23,158

$23,158

$23,158

FRIDAY, APRIL 3, 2009

5865

160.4 Eliminate one-time funds received in HB990 (FY09G) for KidsNet.

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

160.5 Reduce funds from grants based on utilization and grantee non-performance of standards.

State General Funds

($1,014,756) ($1,014,756) ($1,014,756) ($1,014,756)

160.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($74,641)

($74,641)

($74,641)

($74,641)

160.7 Transfer funds from the Child Welfare Services and Infant and Child Health Promotion programs in the Department of Human Resources for the Regional Assessment Center and services for victims of child prostitution and trafficking.

State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

$140,000 $991,680 $1,131,680

$140,000 $991,680 $1,131,680

160.8 Transfer funds from the Department of Juvenile Justice for Angela's House for victims of child prostitution and trafficking.

State General Funds

$128,125

160.99

CC: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Senate: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. House: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. Gov Rev: The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

State General Funds

$0

$0

$0

$0

160.100-Children and Families, Governor's Office for

Appropriation (HB 119)

The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families.

TOTAL STATE FUNDS

$7,400,167

$7,401,425

$7,549,428

$7,677,553

State General Funds

$7,400,167

$7,401,425

$7,549,428

$7,677,553

TOTAL FEDERAL FUNDS

$7,206,237

$7,206,237

$8,197,917

$8,197,917

Federal Funds Not Itemized

$6,956,237

$6,956,237

$6,956,237

$6,956,237

Temporary Assistance for Needy Families

$250,000

$250,000

$1,241,680

$1,241,680

Temporary Assistance for Needy Families Grant CFDA93.558

$250,000

$250,000

$1,241,680

$1,241,680

TOTAL PUBLIC FUNDS

$14,606,404 $14,607,662 $15,747,345 $15,875,470

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 Rebates, Refunds, and Reimbursements

$8,581,217 $8,581,217 $1,572,903
$983,306

$8,581,217 $8,581,217 $1,572,903
$983,306

$8,581,217 $8,581,217 $1,572,903
$983,306

$8,581,217 $8,581,217 $1,572,903
$983,306

5866

JOURNAL OF THE HOUSE

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

$983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

$983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

$983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

$983,306 $400,000 $400,000 $189,597 $189,597 $10,154,120

161.1 Defer the FY09 cost of living adjustment.

State General Funds

($70,766)

($70,766)

($70,766)

($70,766)

161.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($488)

($488)

($488)

($488)

161.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($223,660)

($193,274)

$0

$0

161.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$98,918

$98,918

$98,918

$98,918

161.5 Reduce funds received in HB990 (FY09G) and defer filling seven positions to staff the "1-800-Georgia" call center.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

161.6 Eliminate funds for the Consumers' Utility Counsel and four positions.

State General Funds

($386,753)

($386,753)

($386,753)

($386,753)

161.7 Reduce funds from contracts for customer service and workplace satisfaction surveys.

State General Funds

($335,342)

($335,342)

($335,342)

($335,342)

161.8 Reduce funds from operations.

State General Funds

($13,667)

($13,667)

($13,667)

($13,667)

161.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($74,041)

($74,041)

($74,041)

($74,041)

161.10 Transfer funds for the Consumer Services Division from the Department of Insurance.

State General Funds

$1,674,094

$0

161.100-Consumer Affairs, Governor's Office of

Appropriation (HB 119)

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.

FRIDAY, APRIL 3, 2009

5867

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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$7,275,418 $7,275,418 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $8,848,321

$7,305,804 $7,305,804 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $8,878,707

$9,173,172 $9,173,172 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $10,746,075

$7,499,078 $7,499,078 $1,572,903
$983,306 $983,306 $400,000 $400,000 $189,597 $189,597 $9,071,981

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

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

$2,406,048 $2,406,048 $29,703,182 $29,703,182
$660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,917,086

162.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,803)

($17,803)

($17,803)

($17,803)

162.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($66,111)

($57,129)

$0

$0

162.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$256,156

$256,156

$256,156

$256,156

5868

JOURNAL OF THE HOUSE

162.4 Reduce funds designated for the Director's salary that is now fully funded by the Office of Homeland Security.

State General Funds

($173,541)

($173,541)

($173,541)

($173,541)

162.5 Reduce funds by eliminating one administrative position in the Operations Division.

State General Funds

($48,234)

($48,234)

($48,234)

($48,234)

162.6 Reduce funds from operations.

State General Funds

($32,000)

($32,000)

($32,000)

($32,000)

162.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($23,648)

($23,648)

($23,648)

($23,648)

162.99

CC: The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other resources and supporting local governments to respond to major disasters and emergency events. Senate: The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other resources and supporting local governments to respond to major disasters and emergency events.

State General Funds

$0

$0

162.100-Emergency Management Agency, Georgia

Appropriation (HB 119)

The purpose of this appropriation is to provide a disaster, mitigation, preparedness, response, and recovery program by coordinating federal, state, and other

resources and supporting local governments to respond to major disasters and emergency events.

TOTAL STATE FUNDS

$2,300,867

$2,309,849

$2,366,978

$2,366,978

State General Funds

$2,300,867

$2,309,849

$2,366,978

$2,366,978

TOTAL FEDERAL FUNDS

$29,703,182 $29,703,182 $29,703,182 $29,703,182

Federal Funds Not Itemized

$29,703,182 $29,703,182 $29,703,182 $29,703,182

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

$32,811,905 $32,820,887 $32,878,016 $32,878,016

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

$712,490 $712,490 $407,000

$712,490 $712,490 $407,000

$712,490 $712,490 $407,000

$712,490 $712,490 $407,000

FRIDAY, APRIL 3, 2009

5869

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$407,000 $1,119,490

$407,000 $1,119,490

$407,000 $1,119,490

$407,000 $1,119,490

163.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,599)

($6,599)

($6,599)

($6,599)

163.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($21,375)

($18,471)

$0

$0

163.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,639

$3,639

$3,639

$3,639

163.4 Reduce funds and defer filling one intake coordinator position in the Equal Employment Division.

State General Funds

($45,717)

($45,717)

($45,717)

($45,717)

163.5 Reduce funds from operations.

State General Funds

($59,529)

($59,529)

($59,529)

($59,529)

163.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,814)

($5,814)

($5,814)

($5,814)

163.99

CC: 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 to discriminate against any individual. Senate: 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 to discriminate against any individual.

State General Funds

$0

$0

163.100-Equal Opportunity, Georgia Commission on

Appropriation (HB 119)

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 to discriminate against any individual.

TOTAL STATE FUNDS

$577,095

$579,999

$598,470

$598,470

State General Funds

$577,095

$579,999

$598,470

$598,470

TOTAL FEDERAL FUNDS

$407,000

$407,000

$407,000

$407,000

Federal Funds Not Itemized

$407,000

$407,000

$407,000

$407,000

TOTAL PUBLIC FUNDS

$984,095

$986,999

$1,005,470

$1,005,470

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.

5870

JOURNAL OF THE HOUSE

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

164.100-Governor's Emergency Fund

Appropriation (HB 119)

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

$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

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

$7,997,298 $7,997,298 $5,196,851 $5,196,851
$100,000 $100,000 $100,000 $13,294,149

165.1 Defer the FY09 cost of living adjustment.

State General Funds

($52,950)

($52,950)

($52,950)

($52,950)

165.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($167,286)

($144,559)

$0

$0

165.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$94,425

$94,425

$94,425

$94,425

165.4 Reduce funds from operations.

State General Funds

($635,550)

($735,550)

($635,550)

($635,550)

165.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($66,032)

($66,032)

($66,032)

($66,032)

165.6 Reduce funds received in HB95 (FY08G) for the Governor's Litigation Fund.

FRIDAY, APRIL 3, 2009

5871

State General Funds

($650,000)

($650,000)

($650,000)

165.100-Governor's Office

Appropriation (HB 119)

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

$7,169,905

$6,442,632

$6,687,191

$6,687,191

State General Funds

$7,169,905

$6,442,632

$6,687,191

$6,687,191

TOTAL FEDERAL FUNDS

$5,196,851

$5,196,851

$5,196,851

$5,196,851

Federal Funds Not Itemized

$5,196,851

$5,196,851

$5,196,851

$5,196,851

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

$12,466,756 $11,739,483 $11,984,042 $11,984,042

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

$527,932 $527,932 $527,932

$527,932 $527,932 $527,932

$527,932 $527,932 $527,932

$527,932 $527,932 $527,932

166.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,213)

($6,213)

($6,213)

($6,213)

166.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($13,999)

($12,097)

$0

$0

166.3 Reduce funds and defer filling one secretary position.

State General Funds

($71,121)

($71,121)

($71,121)

($71,121)

166.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,379)

($4,379)

($4,379)

($4,379)

166.99

CC: The purpose of this appropriation is to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security. Senate: The purpose of this appropriation is to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's point of contact for the federal Department of Homeland Security.

5872

JOURNAL OF THE HOUSE

State General Funds

$0

$0

166.100-Office of Homeland Security

Appropriation (HB 119)

The purpose of this appropriation is to coordinate state resources for the preparation and prevention of threats and acts of terrorism and to serve as the State's

point of contact for the federal Department of Homeland Security.

TOTAL STATE FUNDS

$432,220

$434,122

$446,219

$446,219

State General Funds

$432,220

$434,122

$446,219

$446,219

TOTAL PUBLIC FUNDS

$432,220

$434,122

$446,219

$446,219

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

$829,079 $829,079 $829,079

$829,079 $829,079 $829,079

$829,079 $829,079 $829,079

$829,079 $829,079 $829,079

167.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,391)

($7,391)

($7,391)

($7,391)

167.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($25,126)

($21,712)

$0

$0

167.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,916

$1,916

$1,916

$1,916

167.4 Reduce funds from investigations.

State General Funds

($95,650)

($95,650)

($95,650)

($95,650)

167.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($7,109)

($7,109)

($7,109)

($7,109)

167.99

CC: The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and abuse. Senate: The purpose of this appropriation is to foster and promote accountability and integrity in state government by investigating and preventing fraud, waste, and abuse.

State General Funds

$0

$0

FRIDAY, APRIL 3, 2009

5873

167.100-Office of the State Inspector General

Appropriation (HB 119)

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

$695,719

$699,133

$720,845

$720,845

State General Funds

$695,719

$699,133

$720,845

$720,845

TOTAL PUBLIC FUNDS

$695,719

$699,133

$720,845

$720,845

Planning and Budget, Governor's Office of

Continuation Budget

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 State General Funds
TOTAL PUBLIC FUNDS

$9,584,234 $9,584,234 $9,584,234

$9,584,234 $9,584,234 $9,584,234

$9,584,234 $9,584,234 $9,584,234

$9,584,234 $9,584,234 $9,584,234

168.1 Defer the FY09 cost of living adjustment.

State General Funds

($81,224)

($81,224)

($81,224)

($81,224)

168.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($240,793)

($208,079)

$0

$0

168.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($178,124)

($178,124)

($178,124)

($178,124)

168.4 Reduce funds from operations.

State General Funds

($849,629)

($949,629)

($849,629)

($849,629)

168.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($82,683)

($82,683)

($82,683)

($82,683)

168.6 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($2,243)

($2,243)

($2,243)

168.7 Reduce funds from the Commission on Hispanic Affairs.

State General Funds

($20,000)

($20,000)

($20,000)

168.8 Reduce funds from the Commission on Asian Affairs.

State General Funds

($20,000)

($20,000)

($20,000)

168.9 Reduce funds from the Military Coordinating Council contract.

5874

JOURNAL OF THE HOUSE

State General Funds

($84,000)

$0

($84,000)

168.100-Planning and Budget, Governor's Office of

Appropriation (HB 119)

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

$8,151,781

$7,958,252

$8,350,331

$8,266,331

State General Funds

$8,151,781

$7,958,252

$8,350,331

$8,266,331

TOTAL PUBLIC FUNDS

$8,151,781

$7,958,252

$8,350,331

$8,266,331

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

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

$7,123,741 $7,123,741
$411,930 $411,930
$500 $500 $500 $7,536,171

169.1 Defer the FY09 cost of living adjustment.

State General Funds

($65,065)

($65,065)

($65,065)

($65,065)

169.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($205,175)

($177,301)

$0

$0

169.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$37,115

$37,115

$37,115

$37,115

169.4 Reduce funds from personnel.

State General Funds

($14,571)

($14,571)

($14,571)

($14,571)

169.5 Reduce funds from information technology.

State General Funds

($6,740)

($6,740)

($6,740)

($6,740)

169.6 Eliminate funds for the Georgia Teacher Alternative Preparation Program (TAPP) grants.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

FRIDAY, APRIL 3, 2009

5875

169.7 Eliminate funds for National Board Certified Teacher (NBCT) reimbursements offered to teachers who successfully achieve national certification the first time they apply.

State General Funds

($36,000)

($36,000)

($36,000)

($36,000)

169.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($64,744)

($64,744)

($64,744)

($64,744)

169.99

CC: The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics. Senate: The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator professional preparation, performance, and ethics.

State General Funds

$0

$0

169.100-Professional Standards Commission, Georgia

Appropriation (HB 119)

The purpose of this appropriation is to direct the preparation of, certify, recognize, and recruit Georgia educators, and to enforce standards regarding educator

professional preparation, performance, and ethics.

TOTAL STATE FUNDS

$6,368,561

$6,396,435

$6,573,736

$6,573,736

State General Funds

$6,368,561

$6,396,435

$6,573,736

$6,573,736

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

$6,780,991

$6,808,865

$6,986,166

$6,986,166

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

$1,274,456 $1,274,456 $1,274,456

$1,274,456 $1,274,456 $1,274,456

$1,274,456 $1,274,456 $1,274,456

$1,274,456 $1,274,456 $1,274,456

170.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,381)

($11,381)

($11,381)

($11,381)

170.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($38,903)

($33,617)

$0

$0

5876

JOURNAL OF THE HOUSE

170.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($6,096)

($6,096)

($6,096)

($6,096)

170.4 Reduce funds from personnel.

State General Funds

($123,289)

($123,289)

($123,289)

($123,289)

170.5 Reduce funds from contracts.

State General Funds

($38,269)

($38,269)

($38,269)

($38,269)

170.99

CC: The purpose of this appropriation is to support educational accountability, evaluation, and reporting efforts, establishment of standards on state assessments, the preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts. Senate: The purpose of this appropriation is to support P-16 accountability, evaluation, and reporting efforts, including: the establishment of standards on state assessments, development and evaluation of IE2 Partnership contracts, the execution of academic program audits, the preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts.

State General Funds

$0

$0

170.100-Student Achievement, Office of

Appropriation (HB 119)

The purpose of this appropriation is to support educational accountability, evaluation, and reporting efforts, establishment of standards on state assessments, the

preparation and release of the state's education report card and scoreboard, and education research to inform policy and budget efforts.

TOTAL STATE FUNDS

$1,056,518

$1,061,804

$1,095,421

$1,095,421

State General Funds

$1,056,518

$1,061,804

$1,095,421

$1,095,421

TOTAL PUBLIC FUNDS

$1,056,518

$1,061,804

$1,095,421

$1,095,421

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 27: Human Services, Department of
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

Section Total - Continuation

$679,949,900 $673,626,299
$6,323,601 $1,077,064,504
$94,646,847 $66,288,749 $17,409,184 $288,302,542

$679,949,900 $673,626,299
$6,323,601 $1,077,064,504
$94,646,847 $66,288,749 $17,409,184 $288,302,542

$679,949,900 $673,626,299
$6,323,601 $1,077,064,504
$94,646,847 $66,288,749 $17,409,184 $288,302,542

$679,949,900 $673,626,299
$6,323,601 $1,077,064,504
$94,646,847 $66,288,749 $17,409,184 $288,302,542

FRIDAY, APRIL 3, 2009

5877

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 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
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 TANF Unobligated Balance per 42 USC 604
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Reserved Fund Balances Intergovernmental Transfers Royalties and Rents

$87,743,900 $24,912,301 $98,172,714
$231,540 $24,377,698 $295,013,020 $79,966,009 $76,776,724 $28,986,320 $12,770,884
$7,766,945 $2,915
$2,729,126 $24,520,534
$415,760 $395,760
$20,000 $1,834,206,888

$87,743,900 $24,912,301 $98,172,714
$231,540 $24,377,698 $295,013,020 $79,966,009 $76,776,724 $28,986,320 $12,770,884
$7,766,945 $2,915
$2,729,126 $24,520,534
$415,760 $395,760
$20,000 $1,834,206,888

$87,743,900 $24,912,301 $98,172,714
$231,540 $24,377,698 $295,013,020 $79,966,009 $76,776,724 $28,986,320 $12,770,884
$7,766,945 $2,915
$2,729,126 $24,520,534
$415,760 $395,760
$20,000 $1,834,206,888

$87,743,900 $24,912,301 $98,172,714
$231,540 $24,377,698 $295,013,020 $79,966,009 $76,776,724 $28,986,320 $12,770,884
$7,766,945 $2,915
$2,729,126 $24,520,534
$415,760 $395,760
$20,000 $1,834,206,888

Section Total - Final

$526,364,005 $525,860,041

$520,040,404 $519,536,440

$6,323,601

$6,323,601

$1,062,714,944 $1,108,540,249

$94,361,006 $94,361,006

$66,215,997 $93,215,997

$17,397,861 $17,397,861

$269,266,202 $287,411,202

$86,793,400 $100,679,167

$24,906,536 $24,906,536

$105,251,353 $105,545,891

$200,470

$200,470

$24,358,024 $24,358,024

$336,615,559 $323,115,559

$37,348,536 $37,348,536

$75,639,347 $76,989,574

$28,986,320 $28,986,320

$12,770,884 $12,770,884

$7,766,945

$9,117,172

$2,729,126

$2,729,126

$523,902,908 $517,579,307
$6,323,601 $1,108,204,333
$94,361,006 $102,215,997
$17,397,861 $285,914,359 $87,079,167 $24,906,536 $104,573,290
$200,470 $24,358,024 $329,849,087 $37,348,536 $75,639,347 $28,986,320 $12,770,884 $7,766,945 $2,729,126

$515,784,857 $509,461,256
$6,323,601 $1,108,259,871
$94,361,006 $102,215,997 $17,397,861 $285,969,897
$87,079,167 $24,906,536 $104,573,290
$200,470 $24,358,024 $329,849,087 $37,348,536 $75,639,347 $28,986,320 $12,770,884 $7,766,945 $2,729,126

5878

JOURNAL OF THE HOUSE

Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Federal Funds Transfers TOTAL PUBLIC FUNDS

$23,386,072 $415,760 $395,760 $20,000
$1,665,134,056

$23,386,072 $415,760 $395,760 $20,000
$1,711,805,624

$23,386,072 $415,760 $395,760 $20,000
$1,708,162,348

$23,386,072 $415,760 $395,760 $20,000
$1,700,099,835

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 Foster Care Title IV-E CFDA93.658 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

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

$35,568,642 $35,568,642 $50,211,517 $38,000,452
$211,065 $12,000,000 $12,000,000
$45,000 $45,000 $45,000 $85,825,159

172.1 Defer the FY09 cost of living adjustment.

State General Funds

($23,332)

($23,332)

($23,332)

($23,332)

172.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($83,825)

($75,598)

$0

$0

172.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,126

$2,126

$2,126

$2,126

172.4 Transfer funds from the Child Welfare Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$1,910,000 $2,341,417 $4,251,417

$1,910,000 $2,341,417 $4,251,417

$1,910,000 $2,341,417 $4,251,417

$1,910,000 $2,341,417 $4,251,417

172.5 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

FRIDAY, APRIL 3, 2009

5879

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS
172.6 Reduce funds from summer camps.
State General Funds

($3,140,444) $3,140,444
$0

($3,140,444) $3,140,444
$0

($3,140,444) $3,140,444
$0

($3,140,444) $3,140,444
$0

($1,000,000) ($1,000,000)

172.100-Adoption Services

Appropriation (HB 119)

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

$34,233,167 $34,241,394 $33,316,992 $33,316,992

State General Funds

$34,233,167 $34,241,394 $33,316,992 $33,316,992

TOTAL FEDERAL FUNDS

$55,693,378 $55,693,378 $55,693,378 $55,693,378

Federal Funds Not Itemized

$40,341,869 $40,341,869 $40,341,869 $40,341,869

Foster Care Title IV-E CFDA93.658

$3,351,509

$3,351,509

$3,351,509

$3,351,509

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

$89,971,545 $89,979,772 $89,055,370 $89,055,370

After School Care

Continuation Budget

The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources
TOTAL PUBLIC FUNDS

$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

179.100-After School Care

Appropriation (HB 119)

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 $28,000,000 $28,000,000

5880

JOURNAL OF THE HOUSE

Contributions, Donations, and Forfeitures TANF Maintenance-of-Effort from External Sources
TOTAL PUBLIC FUNDS

$28,000,000 $28,000,000 $42,000,000

$28,000,000 $28,000,000 $42,000,000

$28,000,000 $28,000,000 $42,000,000

$28,000,000 $28,000,000 $42,000,000

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 Federal Funds Not Itemized Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

$58,577,959 $58,577,959 $165,598,552 $90,698,416 $64,619,903 $10,280,143
$90 $2,500,000 $2,500,000 $2,500,000 $226,676,511

184.1 Defer the FY09 cost of living adjustment.

State General Funds

($75,325)

($75,325)

($75,325)

($75,325)

184.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($270,627)

($244,066)

$0

$0

184.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$504

$504

$504

$504

184.4 Replace funds.

State General Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($4,241,107) ($7,874,332) $12,115,439
$0

($4,241,107) ($7,874,332) $12,115,439
$0

($4,241,107) ($7,874,332) $12,115,439
$0

($4,241,107) ($7,874,332) $12,115,439
$0

184.5 Recognize funds from the American Recovery and Reinvestment Act of 2009 for time limited child care and families on the statewide waiting list. (CC:Recognize funds from the American Recovery and Reinvestment Act of 2009 for the Childcare and Parent Services (CAPS) program waiting list and their child care needs)

FRIDAY, APRIL 3, 2009

5881

Child Care & Development Block Grant CFDA93.575

$27,000,000 $36,000,000 $36,000,000

184.6 Transfer funds for Family and Children's Services programs and restore to Mental Health, Developmental Disabilities, Addictive Diseases and Public Health programs. (S and CC:Transfer to the Out of Home Care program)

Temporary Assistance for Needy Families Grant CFDA93.558

($3,500,000) ($12,115,439) ($12,115,439)

184.7 Transfer funds from the Support for Needy Families-Basic Assistance program to fund child care activities.

Temporary Assistance for Needy Families Grant CFDA93.558

$600,000

184.100-Child Care Services

Appropriation (HB 119)

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

$53,991,404 $54,017,965 $54,262,031 $54,262,031

State General Funds

$53,991,404 $54,017,965 $54,262,031 $54,262,031

TOTAL FEDERAL FUNDS

$169,839,659 $193,339,659 $193,724,220 $194,324,220

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

$64,619,903 $91,619,903 $100,619,903 $100,619,903

Federal Funds Not Itemized

$2,405,811

$2,405,811

$2,405,811

$2,405,811

Social Services Block Grant CFDA93.667

$90

$90

$90

$90

Temporary Assistance for Needy Families

$12,115,439

$8,615,439

$600,000

Temporary Assistance for Needy Families Grant CFDA93.558

$12,115,439

$8,615,439

$600,000

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

$226,331,063 $249,857,624 $250,486,251 $251,086,251

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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

$24,963,922 $24,963,922 $66,004,773 $65,884,773
$120,000 $2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $94,205,955

5882

JOURNAL OF THE HOUSE

185.1 Defer the FY09 cost of living adjustment.

State General Funds

($228,796)

($228,796)

($228,796)

($228,796)

185.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($822,019)

($741,341)

$0

$0

185.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,359,214

$1,359,214

$1,359,214

$1,359,214

185.4 Reduce funds to realize savings and efficiencies achieved with the transition of the Call Center from United Way.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($300,000) ($582,353) ($882,353)

($300,000) ($582,353) ($882,353)

($300,000) ($582,353) ($882,353)

($300,000) ($582,353) ($882,353)

185.5 Reduce funds from District Attorney (DA) contracts and eliminate one DA legal services contract.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($272,000) ($330,000) ($602,000)

($272,000) ($330,000) ($602,000)

($272,000) ($330,000) ($602,000)

($272,000) ($330,000) ($602,000)

185.6 Reduce funds by eliminating thirty-four vacant positions.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($504,235) ($978,809) ($1,483,044)

($504,235) ($978,809) ($1,483,044)

($504,235) ($978,809) ($1,483,044)

($504,235) ($978,809) ($1,483,044)

185.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($244,202)

($244,202)

($244,202)

($244,202)

185.8 Reduce funds in expectation of increased federal funds through the American Recovery and Reinvestment Act of 2009.

State General Funds

($500,000)

$0

($500,000)

185.9 Recognize funds from the American Recovery and Reinvestment Act of 2009 for increasing current support paid to families.

Federal Funds Not Itemized

$14,000,000 $14,000,000 $14,000,000

185.100-Child Support Services

Appropriation (HB 119)

The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support.

TOTAL STATE FUNDS

$23,951,884 $23,532,562 $24,773,903

State General Funds

$23,951,884 $23,532,562 $24,773,903

TOTAL FEDERAL FUNDS

$64,113,611 $78,113,611 $78,113,611

Federal Funds Not Itemized

$63,993,611 $77,993,611 $77,993,611

Social Services Block Grant CFDA93.667

$120,000

$120,000

$120,000

$24,273,903 $24,273,903 $78,113,611 $77,993,611
$120,000

FRIDAY, APRIL 3, 2009

5883

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $91,302,755

$2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $104,883,433

$2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $106,124,774

$2,841,500 $2,841,500 $2,841,500
$395,760 $395,760 $395,760 $105,624,774

Child Welfare Services

Continuation Budget

The purpose of this appropriation is to investigate allegations of child abuse abandonment and neglect and to provide services to protect the child and

strengthen the family.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 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 TANF Transfers to Social Services Block Grant per 42 USC 604
TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$117,613,541 $117,613,541 $179,607,884
$817,637 $4,000
$23,847,912 $32,278,994 $11,331,449
$8,264,167 $103,063,725
$77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $323,659,907

$117,613,541 $117,613,541 $179,607,884
$817,637 $4,000
$23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $323,659,907

$117,613,541 $117,613,541 $179,607,884
$817,637 $4,000
$23,847,912 $32,278,994 $11,331,449
$8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $323,659,907

$117,613,541 $117,613,541 $179,607,884
$817,637 $4,000
$23,847,912 $32,278,994 $11,331,449 $8,264,167 $103,063,725 $77,263,725 $25,800,000 $26,438,482 $12,770,884 $12,770,884 $13,667,598 $13,667,598 $323,659,907

186.1 Defer the FY09 cost of living adjustment.

State General Funds

($594,912)

($594,912)

($594,912)

($594,912)

186.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($43,037)

($43,037)

($43,037)

($43,037)

186.3 Defer salary adjustments for critical jobs.

State General Funds

($2,169,459) ($2,169,459) ($2,169,459) ($2,169,459)

186.4 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

5884

JOURNAL OF THE HOUSE

Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,137,394) ($1,927,618)

$0

$0

186.5 Reduce funds and child protective caseworkers through attrition and maintain a 15:1 caseload ratio.

State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($9,494,520) ($78,118) ($506,813)
($3,261,906) ($1,363,272) ($8,910,118) ($23,614,747)

($12,759,000) ($78,118) ($506,813)
($3,261,906) ($1,363,272) ($8,910,118) ($26,879,227)

($9,494,520) ($78,118) ($506,813)
($3,261,906) ($1,363,272) ($8,910,118) ($23,614,747)

($11,126,760) ($78,118) ($506,813)
($3,261,906) ($1,363,272) ($8,910,118) ($25,246,987)

186.6 Reduce funds from non-critical contracts by 1%.

State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

($200,000) ($1,350) ($8,756)
($56,352) ($23,552) ($136,456) ($426,466)

186.7 Reduce and defer funds received in HB990 (FY09G) for a Regional Assessment Center for victims of child prostitution and trafficking.

State General Funds CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($560,000) ($3,779)
($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101)

($560,000) ($3,779)
($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101)

($560,000) ($3,779)
($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101)

($560,000) ($3,779)
($24,516) ($157,785) ($65,944) ($382,077) ($1,194,101)

186.8 Transfer funds to the Adoptions Services program to fund a projected 1% client growth that will serve approximately 12,500 children per month.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($1,910,000) ($2,341,417) ($4,251,417)

($1,910,000) ($2,341,417) ($4,251,417)

($1,910,000) ($2,341,417) ($4,251,417)

($1,910,000) ($2,341,417) ($4,251,417)

186.9 Replace funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($847,083) $847,083
$0

($847,083) $847,083
$0

($847,083) $847,083
$0

($847,083) $847,083
$0

186.10 Reduce funds.

FRIDAY, APRIL 3, 2009

5885

Temporary Assistance for Needy Families Grant CFDA93.558

($4,839,159) ($4,839,159) ($4,839,159)

186.11 Recognize funds from the American Recovery and Reinvestment Act of 2009 funding for foster care and adoption assistance.

Foster Care Title IV-E CFDA93.658

$13,600,000

$0

186.12 Transfer funds for the Regional Assessment Center to the Governor's Office of Children and Families.

State General Funds

($140,000)

($4,839,159) $0
($140,000)

186.100-Child Welfare Services

Appropriation (HB 119)

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

$99,657,136 $96,602,432 $101,654,530 $100,022,290

State General Funds

$99,657,136 $96,602,432 $101,654,530 $100,022,290

TOTAL FEDERAL FUNDS

$158,293,597 $171,893,597 $158,293,597 $158,293,597

CCDF Mandatory & Matching Funds CFDA93.596

$734,390

$734,390

$734,390

$734,390

Community Services Block Grant CFDA93.569

$4,000

$4,000

$4,000

$4,000

Federal Funds Not Itemized

$20,966,410 $20,966,410 $20,966,410 $20,966,410

Foster Care Title IV-E CFDA93.658

$28,802,951 $42,402,951 $28,802,951 $28,802,951

Medical Assistance Program CFDA93.778

$10,725,764 $10,725,764 $10,725,764 $10,725,764

Social Services Block Grant CFDA93.667

$8,264,167

$8,264,167

$8,264,167

$8,264,167

Temporary Assistance for Needy Families

$88,795,915 $88,795,915 $88,795,915 $88,795,915

Temporary Assistance for Needy Families Grant CFDA93.558

$62,995,915 $62,995,915 $62,995,915 $62,995,915

TANF Transfers to Social Services Block Grant per 42 USC 604

$25,800,000 $25,800,000 $25,800,000 $25,800,000

TOTAL AGENCY FUNDS

$26,438,482 $26,438,482 $26,438,482 $26,438,482

Reserved Fund Balances

$12,770,884 $12,770,884 $12,770,884 $12,770,884

Reserved Fund Balances Not Itemized

$12,770,884 $12,770,884 $12,770,884 $12,770,884

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

$284,389,215 $294,934,511 $286,386,609 $284,754,369

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

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846
$220,001 $32,601,134 $8,122,505

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846
$220,001 $32,601,134 $8,122,505

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846
$220,001 $32,601,134 $8,122,505

$94,164,941 $94,033,146
$131,795 $83,049,102
$3,124,294 $1,668,846
$220,001 $32,601,134 $8,122,505

5886

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
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 PUBLIC FUNDS

$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

$284,564 $11,816,638
$31,070 $9,952,472 $15,227,578 $15,227,578 $8,099,727
$18,274 $18,274 $2,915 $2,915 $2,729,126 $2,729,126 $5,349,412 $5,349,412 $185,313,770

187.1 Defer the FY09 cost of living adjustment for the Division of Family and Children Services.

State General Funds

($484,041)

($484,041)

($484,041)

($484,041)

187.2 Defer the FY09 cost of living adjustment for the Division of Aging.

State General Funds

($23,572)

($23,572)

($23,572)

($23,572)

187.3 Defer structure adjustments to the statewide salary plan for the Division of Family and Children Services.

State General Funds

($53,782)

($53,782)

($53,782)

($53,782)

187.4 Defer structure adjustments to the statewide salary plan for the Division of Aging.

State General Funds

($2,619)

($2,619)

($2,619)

($2,619)

187.5

Reduce funds to reflect the adjustment in the employer share of State Health Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Family and Children Services. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Family and Children Services)

State General Funds

($1,751,801) ($1,579,869)

$0

$0

187.6

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856% for the Division of Aging. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan for the Division of Aging)

FRIDAY, APRIL 3, 2009

5887

State General Funds

($85,310)

($76,937)

$0

$0

187.7 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Family and Children Services.

State General Funds

$499,706

$499,706

$499,706

$499,706

187.8 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project for the Division of Aging.

State General Funds

$3,618

$3,618

$3,618

$3,618

187.9 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration.

Community Services Block Grant CFDA93.569 Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($351) ($1,054,647)
($315,655) ($2,108)
($19,674) ($414,724) ($1,807,159)

($351) ($1,054,647)
($315,655) ($2,108)
($19,674) ($414,724) ($1,807,159)

($351) ($1,054,647)
($315,655) ($2,108) ($19,674)
($414,724) ($1,807,159)

($351) ($1,054,647)
($315,655) ($2,108) ($19,674)
($414,724) ($1,807,159)

187.10 Reduce funds to reflect the indirect cost loss as a result of reductions taken in the Division of Family and Children Services (DFCS).

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 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($143,922) ($72,752) ($10,972) ($116,343) ($187,612)
($3,657) ($34,992) ($700,249) ($1,270,499)

($143,922) ($72,752) ($10,972) ($116,343) ($187,612) ($3,657) ($34,992) ($700,249) ($1,270,499)

($143,922) ($72,752) ($10,972)
($116,343) ($187,612)
($3,657) ($34,992) ($700,249) ($1,270,499)

($143,922) ($72,752) ($10,972)
($116,343) ($187,612)
($3,657) ($34,992) ($700,249) ($1,270,499)

187.11 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Administration of the Division of Aging.

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($109,259) ($109,259)

($109,259) ($109,259)

($109,259) ($109,259)

($109,259) ($109,259)

187.12 Reduce funds to reflect the indirect cost loss as a result of reductions taken in Information Technology.

CCDF Mandatory & Matching Funds CFDA93.596 Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($58,672) ($1,463,052)
($112,605) ($1,634,329)

($58,672) ($1,463,052)
($112,605) ($1,634,329)

($58,672) ($1,463,052)
($112,605) ($1,634,329)

($58,672) ($1,463,052)
($112,605) ($1,634,329)

187.13 Reduce funds by 6% for the Division of Family and Children Services.

State General Funds

($1,904,302) ($1,904,302) ($1,904,302) ($1,904,302)

187.14 Reduce funds by 6% for the Division of Aging.

5888

JOURNAL OF THE HOUSE

State General Funds

($171,930)

($171,930)

($171,930)

($171,930)

187.15 Reduce funds to reflect the revised revenue estimate for the Division of Family and Children Services.

State General Funds

($372,592)

($372,592)

($372,592)

($372,592)

187.16 Reduce funds to reflect the revised revenue estimate for the Division of Aging.

State General Funds

($17,259)

($17,259)

($17,259)

($17,259)

187.17 Reduce funds for the Division of Family and Children Services Regional Offices. (CC:Reduce funds)

State General Funds

($500,000)

$0

($500,000)

187.18 Reduce funds from the Office of Investigative Services and Inspector General.

State General Funds

($80,860)

$0

($117,760)

187.19 Reduce merit system assessments from $147 to $137 per position for the Division of Family and Children Services.

State General Funds

($45,432)

($45,432)

($45,432)

187.20 Reduce merit system assessments from $147 to $137 per position for the Division of Aging.

State General Funds

($2,212)

($2,212)

($2,212)

187.96 Transfer funds and activities related to the administration of Public Health to the newly created Departmental Administration-Public Health program.

State General Funds Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Grant CFDA93.558 Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($20,305,550) ($2,975,647) ($31,070) ($1,182,023) ($1,134,462) ($25,628,752)

($20,305,550) ($2,975,647) ($31,070) ($1,182,023) ($1,134,462) ($25,628,752)

($20,305,550) ($2,975,647) ($31,070) ($1,182,023) ($1,134,462) ($25,628,752)

($20,305,550) ($2,975,647)
($31,070) ($1,182,023) ($1,134,462) ($25,628,752)

187.97 Transfer funds and activities related to the administration of Mental Health, Addictive Diseases, and Developmental Disabilities to the newly created Departmental Administration-Behavioral Health program.

State General Funds Federal Funds Not Itemized Temporary Assistance for Needy Families Grant CFDA93.558 Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

($31,609,268) ($30,363)
($2,634,405) ($2,915)
($34,276,951)

($31,609,268) ($30,363)
($2,634,405) ($2,915)
($34,276,951)

($31,609,268) ($30,363)
($2,634,405) ($2,915)
($34,276,951)

($31,609,268) ($30,363)
($2,634,405) ($2,915)
($34,276,951)

187.98 Transfer funds for additional administrative overhead for the Office of Regulatory Services to the new Planning and Regulatory Services program in the Department of Community Health.

State General Funds

($107,129)

187.100-Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administration and support for the Divisions and Operating Office.

TOTAL STATE FUNDS

$37,886,239 $37,438,040 $39,675,706

State General Funds

$37,754,444 $37,306,245 $39,543,911

Tobacco Settlement Funds

$131,795

$131,795

$131,795

$38,950,817 $38,819,022
$131,795

FRIDAY, APRIL 3, 2009

5889

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 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 Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$71,374,348 $2,921,700 $1,596,094
$208,678 $26,851,823 $7,619,238
$278,799 $11,781,646 $9,932,798 $10,183,572 $10,183,572 $6,962,350
$18,274 $18,274 $2,729,126 $2,729,126 $4,214,950 $4,214,950 $116,222,937

$71,374,348 $2,921,700 $1,596,094
$208,678 $26,851,823 $7,619,238
$278,799 $11,781,646 $9,932,798 $10,183,572 $10,183,572 $6,962,350
$18,274 $18,274 $2,729,126 $2,729,126 $4,214,950 $4,214,950 $115,774,738

$71,374,348 $2,921,700 $1,596,094
$208,678 $26,851,823 $7,619,238
$278,799 $11,781,646 $9,932,798 $10,183,572 $10,183,572 $6,962,350
$18,274 $18,274 $2,729,126 $2,729,126 $4,214,950 $4,214,950 $118,012,404

$71,374,348 $2,921,700 $1,596,094
$208,678 $26,851,823 $7,619,238
$278,799 $11,781,646 $9,932,798 $10,183,572 $10,183,572 $6,962,350
$18,274 $18,274 $2,729,126 $2,729,126 $4,214,950 $4,214,950 $117,287,515

Elder Abuse Investigations and Prevention

Continuation Budget

The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might

have occurred.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,577,451 $14,577,451 $3,751,496
$793,894 $678,063 $2,279,539
$76,015 $76,015 $76,015 $18,404,962

$14,577,451 $14,577,451 $3,751,496
$793,894 $678,063 $2,279,539
$76,015 $76,015 $76,015 $18,404,962

$14,577,451 $14,577,451
$3,751,496 $793,894 $678,063
$2,279,539 $76,015 $76,015 $76,015
$18,404,962

$14,577,451 $14,577,451 $3,751,496
$793,894 $678,063 $2,279,539
$76,015 $76,015 $76,015 $18,404,962

189.1 Defer the FY09 cost of living adjustment.

State General Funds

($91,322)

($91,322)

($91,322)

($91,322)

189.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

5890

JOURNAL OF THE HOUSE

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($328,100)

($295,898)

$0

$0

189.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$19,943

$19,943

$19,943

$19,943

189.4 Reduce funds by eliminating the filled guardianship position and utilize existing Adult Protection Services staff to serve clients.

State General Funds

($77,880)

($77,880)

($77,880)

($77,880)

189.5 Eliminate funds for the Public Guardianship program.

State General Funds

($250,000)

($250,000)

($250,000)

($250,000)

189.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($146,829)

($146,829)

($146,829)

($146,829)

189.7 Reduce funds for Targeted Case Management to conform with expiration of billing dates per the American Recovery and Reinvestment Act of 2009.

Medical Assistance Program CFDA93.778

($687,000)

($678,063)

($678,063)

189.100-Elder Abuse Investigations and Prevention

Appropriation (HB 119)

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

$13,703,263 $13,735,465 $14,031,363 $14,031,363

State General Funds

$13,703,263 $13,735,465 $14,031,363 $14,031,363

TOTAL FEDERAL FUNDS

$3,751,496

$3,064,496

$3,073,433

$3,073,433

Federal Funds Not Itemized

$793,894

$793,894

$793,894

$793,894

Medical Assistance Program CFDA93.778

$678,063

($8,937)

Social Services Block Grant CFDA93.667

$2,279,539

$2,279,539

$2,279,539

$2,279,539

TOTAL AGENCY FUNDS

$76,015

$76,015

$76,015

$76,015

Sales and Services

$76,015

$76,015

$76,015

$76,015

Sales and Services Not Itemized

$76,015

$76,015

$76,015

$76,015

TOTAL PUBLIC FUNDS

$17,530,774 $16,875,976 $17,180,811 $17,180,811

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

$78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259
$3,761,430

$78,540,174 $74,875,441 $3,664,733 $41,435,324 $23,908,635 $13,765,259 $3,761,430

$78,540,174 $74,875,441
$3,664,733 $41,435,324 $23,908,635 $13,765,259
$3,761,430

$78,540,174 $74,875,441
$3,664,733 $41,435,324 $23,908,635 $13,765,259
$3,761,430

FRIDAY, APRIL 3, 2009

5891

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$121,742 $118,142 $118,142
$3,600 $3,600 $120,097,240

$121,742 $118,142 $118,142
$3,600 $3,600 $120,097,240

$121,742 $118,142 $118,142
$3,600 $3,600 $120,097,240

$121,742 $118,142 $118,142
$3,600 $3,600 $120,097,240

190.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,031)

($7,031)

($7,031)

($7,031)

190.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($25,259)

($22,780)

$0

$0

190.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,696

$5,696

$5,696

$5,696

190.4 Reduce funds from the Senior Connections contract in DeKalb County.

State General Funds

($20,000)

$0

($20,000)

$0

190.5 Reduce funds from the Haralson County Senior Center contract for congregate meals.

State General Funds

($15,000)

$0

($15,000)

$0

190.6 Eliminate funds for Alzheimer's Congregational Respite training.

State General Funds

($96,000)

($96,000)

($96,000)

($96,000)

190.7 Eliminate funds for Naturally Occurring Retirement Communities (NORCs) contract services provided at the Metro-Atlanta and Savannah sites.

State General Funds

($295,000)

($275,000)

($225,000)

($225,000)

190.8 Eliminate funds from "Wellness: Take Charge of Your Health" and eliminate associated vacant state office position.

State General Funds

($402,169)

($402,169)

($402,169)

($402,169)

190.9 Reduce funds from contracts through reduced utilization and administrative efficiencies.

State General Funds

($7,057)

($7,057)

($7,057)

($7,057)

190.10 Transfer state funds to Elder Support Services Program and replace with tobacco funds.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

($1,409,144) $1,409,144
$0

($1,409,144) $1,409,144
$0

($1,409,144) $1,409,144
$0

($1,409,144) $1,409,144
$0

190.11 Reduce funds to reflect the change in the Federal Medicaid Assistance Percentages due to increased federal participation.

5892

JOURNAL OF THE HOUSE

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($981,538)

($981,538)

$0

$0

$981,538

$0

$0

$0

$0

$0

190.12 Replace funds received in HB990 (FY09G) for a 3% provider rate increase for the Community Care Services Program (CCSP) with new provider fees raised by the Department of Community Health. (Gov Rev, S, and CC:Reduce by $1,350,227 and do not fund a CCSP provider rate increase due to the revised revenue estimate)

State General Funds Provider Fee Transfers from Dept of Community Health TOTAL PUBLIC FUNDS

($1,350,227) $0
($1,350,227)

($1,350,227) $1,350,227
$0

($1,350,227) $0
($1,350,227)

($1,350,227) $0
($1,350,227)

190.13 Reduce funds from Alzheimer's Services for a loss of 20,500 hours of day care and mobile day care annually.

State General Funds

($415,281)

($190,281)

($190,281)

($190,281)

190.14 Reduce funds by eliminating four positions employed by regional contractors to coordinate wellness and nutrition programs.

State General Funds

($560,330)

($560,330)

($560,330)

($560,330)

190.15 Reduce funds from respite contracts for services including day care, homemaker, and personal care.

State General Funds

($2,873,282) ($2,723,282)

$0 ($1,323,282)

190.16 Reduce funds to reflect the revised revenue estimate.

State General Funds

($664,307)

($664,307)

($664,307)

($664,307)

190.17 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($11,411,119) $11,411,119
$0

($11,411,119) $11,411,119
$0

($11,411,119) $11,411,119
$0

($11,411,119) $11,411,119
$0

190.100-Elder Community Living Services

Appropriation (HB 119)

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

$59,422,270 $59,854,749 $63,597,349 $62,309,067

State General Funds

$54,348,393 $54,780,872 $58,523,472 $57,235,190

Tobacco Settlement Funds

$5,073,877

$5,073,877

$5,073,877

$5,073,877

TOTAL FEDERAL FUNDS

$52,846,443 $53,827,981 $52,846,443 $52,846,443

Federal Funds Not Itemized

$23,908,635 $23,908,635 $23,908,635 $23,908,635

Medical Assistance Program CFDA93.778

$25,176,378 $26,157,916 $25,176,378 $25,176,378

Social Services Block Grant CFDA93.667

$3,761,430

$3,761,430

$3,761,430

$3,761,430

TOTAL AGENCY FUNDS

$121,742

$1,471,969

$121,742

$121,742

Contributions, Donations, and Forfeitures

$118,142

$118,142

$118,142

$118,142

Contributions, Donations, and Forfeitures Not Itemized

$118,142

$118,142

$118,142

$118,142

Intergovernmental Transfers

$1,350,227

Provider Fee Transfers from Dept of Community Health

$1,350,227

Sales and Services

$3,600

$3,600

$3,600

$3,600

FRIDAY, APRIL 3, 2009

5893

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$3,600

$3,600

$3,600

$3,600

$112,390,455 $115,154,699 $116,565,534 $115,277,252

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

$4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636

$4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636

$4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636

$4,586,229 $2,059,156 $2,527,073 $5,901,407 $5,901,407 $10,487,636

191.1 Defer the FY09 cost of living adjustment.

State General Funds

($573)

($573)

($573)

($573)

191.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,059)

($1,857)

$0

$0

191.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,268

$1,268

$1,268

$1,268

191.4 Eliminate funds for Naturally Occurring Retirement Communities (NORCs) contract services provided at the Metro-Atlanta and Savannah sites.

State General Funds

($280,000)

($280,000)

($205,000)

($205,000)

191.5 Reduce and defer funds received in HB990 (FY09G) for the Nutritional Services Incentive Program for Meals on Wheels and congregate meals for atrisk seniors. (H and S:Recognize funds from the American Recovery and Reinvestment Act of 2009 for the Nutritional Services Incentive Program)

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($1,045,000)

($1,045,000) $1,045,000
$0

($1,045,000) $1,045,000
$0

($1,045,000) $1,045,000
$0

191.6 Transfer tobacco funds to the Elder Community Services Program and replace with state funds.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

$1,409,144 ($1,409,144)
$0

$1,409,144 ($1,409,144)
$0

$1,409,144 ($1,409,144)
$0

$1,409,144 ($1,409,144)
$0

191.7 Eliminate funds for the Life Long Planning program and eliminate associated vacant state office position.

State General Funds

($1,040,891) ($1,040,891) ($1,040,891) ($1,040,891)

5894

JOURNAL OF THE HOUSE

191.8 Eliminate funds for the GeorgiaCares Prescription Assistance Program and eliminate the associated vacant state office position.

State General Funds

($358,220)

($358,220)

($358,220)

($358,220)

191.100-Elder Support Services

Appropriation (HB 119)

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

$1,860,754

$1,860,956

$1,937,813

$1,937,813

State General Funds

$742,825

$743,027

$819,884

$819,884

Tobacco Settlement Funds

$1,117,929

$1,117,929

$1,117,929

$1,117,929

TOTAL FEDERAL FUNDS

$5,901,407

$6,946,407

$6,946,407

$6,946,407

Federal Funds Not Itemized

$5,901,407

$6,946,407

$6,946,407

$6,946,407

TOTAL PUBLIC FUNDS

$7,762,161

$8,807,363

$8,884,220

$8,884,220

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 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 Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$56,870,673 $56,870,673 $64,692,923 $4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

$56,870,673 $56,870,673 $64,692,923
$4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

$56,870,673 $56,870,673 $64,692,923
$4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

$56,870,673 $56,870,673 $64,692,923
$4,993,663 $1,982,030
$346,557 $56,870,673
$500,000 $500,000 $4,187,397 $4,187,397 $4,187,397 $125,750,993

192.1 Defer the FY09 cost of living adjustment.

State General Funds

($127,799)

($127,799)

($127,799)

($127,799)

192.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($465,631)

($419,931)

$0

$0

FRIDAY, APRIL 3, 2009

5895

192.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,453,550

$2,453,550

$2,453,550

$2,453,550

192.4 Reduce funds through attrition.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($2,574,256) ($1,198,011) ($3,772,267)

($2,574,256) ($1,198,011) ($3,772,267)

($2,574,256) ($1,198,011) ($3,772,267)

($2,574,256) ($1,198,011) ($3,772,267)

192.100-Eligibility Determination

Appropriation (HB 119)

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

$56,156,537 $56,202,237 $56,622,168 $56,622,168

State General Funds

$56,156,537 $56,202,237 $56,622,168 $56,622,168

TOTAL FEDERAL FUNDS

$63,494,912 $63,494,912 $63,494,912 $63,494,912

Federal Funds Not Itemized

$4,993,663

$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

$1,982,030

Low-Income Home Energy Assistance CFDA93.568

$346,557

$346,557

$346,557

$346,557

Medical Assistance Program CFDA93.778

$55,672,662 $55,672,662 $55,672,662 $55,672,662

Temporary Assistance for Needy Families

$500,000

$500,000

$500,000

$500,000

Temporary Assistance for Needy Families Grant CFDA93.558

$500,000

$500,000

$500,000

$500,000

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

$123,838,846 $123,884,546 $124,304,477 $124,304,477

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

$0 $0 $24,281,180 $24,281,180 $4,384,452 $804,904 $804,904 $3,579,548 $3,579,548 $28,665,632

194.100-Energy Assistance

Appropriation (HB 119)

The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs.

5896

JOURNAL OF THE HOUSE

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

$24,281,180 $24,281,180 $4,384,452
$804,904 $804,904 $3,579,548 $3,579,548 $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

$24,281,180 $24,281,180 $4,384,452
$804,904 $804,904 $3,579,548 $3,579,548 $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

Child Care Licensing

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861
$70,000 $70,000 $70,000 $16,414,270

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861
$70,000 $70,000 $70,000 $16,414,270

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861
$70,000 $70,000 $70,000 $16,414,270

$8,759,268 $8,759,268 $7,585,002 $4,830,573
$312,568 $2,441,861
$70,000 $70,000 $70,000 $16,414,270

196.1 Defer the FY09 cost of living adjustment.

State General Funds

($54,807)

($54,807)

($54,807)

($54,807)

196.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($196,909)

($177,583)

$0

$0

196.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$10,574

$10,574

$10,574

$10,574

196.4 Reduce funds by eliminating the rules coordinator and mid-level management positions of the centralized complaint intake unit.

State General Funds

($148,871)

($148,871)

($148,871)

($148,871)

196.5 Reduce funds from the contract with the State Fire Marshall's Office for federal life safety inspections of residential healthcare facilities by 1%.

State General Funds

($3,200)

($3,200)

($3,200)

($3,200)

FRIDAY, APRIL 3, 2009

5897

196.6 Reduce funds by eliminating one vacant personal care home (PCH) surveyor position.

State General Funds

($77,771)

($77,771)

($77,771)

($77,771)

196.7 Reduce funds by eliminating one vacant diagnostic surveyor position.

State General Funds

($44,989)

($44,989)

($44,989)

($44,989)

196.8 Reduce funds from Adult Day Care by eliminating two positions. (CC:Restore in the Department of Community Health- Planning and Regulatory Services program)

State General Funds

($181,841)

($181,841)

$0

($181,841)

196.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($21,238)

($21,238)

($21,238)

($21,238)

196.10 Reduce funds to reflect additional savings through service efficiencies.

State General Funds

($250,000)

($250,000)

($250,000)

196.96 Transfer funds and activities for the Office of Regulatory Services to the Department of Community Health (DCH), Health Care Access and Improvement program per SB433 (2008 Session). (S and CC:Transfer funds and activities to the new Planning and Regulatory Services program in the Department of Community Health)

State General Funds Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($5,991,346) ($1,925,154) ($2,064,983) ($9,981,483)

($5,991,346) ($1,925,154) ($2,064,983) ($9,981,483)

($5,991,346) ($1,925,154) ($2,064,983) ($9,981,483)

($5,991,346) ($1,925,154) ($2,064,983) ($9,981,483)

196.97 Transfer funds for additional administrative overhead for the Office of Regulatory Services to the new Planning and Regulatory Services program in the Department of Community Health.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($107,129)

$0

($55,538)

$0

($162,667)

$0

196.98 Transfer remaining funds and activities related to the inspection and licensure of long term care and health care facilities that were not specifically identified in SB433 (2008 Session) to the new Planning and Regulatory Services program in the Department of Community Health.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($838,204) ($1,441,305) ($2,279,509)

($838,204) ($1,441,305) ($2,279,509)

196.99

CC: The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. Senate: The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies. House: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities. Gov Rev: The purpose of this appropriation is to inspect and license foster care residential facilities, child placing agencies, and health care facilities.

State General Funds 196.100-Child Care Licensing

$0

$0

$0

$0

Appropriation (HB 119)

5898

JOURNAL OF THE HOUSE

The purpose of this appropriation is to inspect and license foster care residential facilities and child placing agencies.

TOTAL STATE FUNDS

$2,048,870

$1,818,196

State General Funds

$2,048,870

$1,818,196

TOTAL FEDERAL FUNDS

$3,594,865

$3,594,865

Federal Funds Not Itemized

$2,905,419

$2,905,419

Foster Care Title IV-E CFDA93.658

$312,568

$312,568

Medical Assistance Program CFDA93.778

$376,878

$376,878

TOTAL AGENCY FUNDS

$70,000

$70,000

Sales and Services

$70,000

$70,000

Sales and Services Not Itemized

$70,000

$70,000

TOTAL PUBLIC FUNDS

$5,713,735

$5,483,061

$1,232,287 $1,232,287 $2,098,022 $1,408,576
$312,568 $376,878
$70,000 $70,000 $70,000 $3,400,309

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

$6,151,950 $6,151,950 $7,848,758 $2,083,044
$200,470 $5,565,244 $5,565,244 $14,000,708

$6,151,950 $6,151,950 $7,848,758 $2,083,044
$200,470 $5,565,244 $5,565,244 $14,000,708

$6,151,950 $6,151,950 $7,848,758 $2,083,044
$200,470 $5,565,244 $5,565,244 $14,000,708

$1,157,575 $1,157,575 $2,153,560 $1,464,114
$312,568 $376,878
$70,000 $70,000 $70,000 $3,381,135
$6,151,950 $6,151,950 $7,848,758 $2,083,044
$200,470 $5,565,244 $5,565,244 $14,000,708

197.1 Reduce funds received in HB990 (FY09G) for domestic violence centers.

State General Funds

($815,000)

($615,000)

($615,000)

($615,000)

197.2 Reduce funds received in HB990 (FY09G) for rape crisis centers.

State General Funds

($635,000)

($535,000)

($535,000)

($535,000)

197.99

CC: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Senate: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. House: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state. Gov Rev: The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide education about family violence to communities across the state.

State General Funds

$0

$0

$0

$0

FRIDAY, APRIL 3, 2009

5899

197.100-Family Violence Services

Appropriation (HB 119)

The purpose of this appropriation is to provide safe shelter and related services for victims of family violence and their dependent children and to provide

education about family violence to communities across the state.

TOTAL STATE FUNDS

$4,701,950

$5,001,950

$5,001,950

$5,001,950

State General Funds

$4,701,950

$5,001,950

$5,001,950

$5,001,950

TOTAL FEDERAL FUNDS

$7,848,758

$7,848,758

$7,848,758

$7,848,758

Federal Funds Not Itemized

$2,083,044

$2,083,044

$2,083,044

$2,083,044

Preventive Health & Health Services Block Grant CFDA93.991

$200,470

$200,470

$200,470

$200,470

Temporary Assistance for Needy Families

$5,565,244

$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

$5,565,244

TOTAL PUBLIC FUNDS

$12,550,708 $12,850,708 $12,850,708 $12,850,708

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 $21,966,009 $21,966,009 $21,966,009

$0 $0 $21,966,009 $21,966,009 $21,966,009

$0 $0 $21,966,009 $21,966,009 $21,966,009

$0 $0 $21,966,009 $21,966,009 $21,966,009

198.1 Reduce funds. TANF Unobligated Balance per 42 USC 604

($9,818,557) ($9,818,557) ($9,818,557) ($9,818,557)

198.100-Federal Unobligated Balances

Appropriation (HB 119)

The purpose of this appropriation is to reflect balances of federal funds from prior years. No services are provided.

TOTAL FEDERAL FUNDS

$12,147,452 $12,147,452 $12,147,452

TANF Unobligated Balance per 42 USC 604

$12,147,452 $12,147,452 $12,147,452

TOTAL PUBLIC FUNDS

$12,147,452 $12,147,452 $12,147,452

$12,147,452 $12,147,452 $12,147,452

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

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409

$39,590,489 $39,590,489 $54,056,086 $54,056,086
$12,409 $12,409

5900

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$12,409 $93,658,984

$12,409 $93,658,984

$12,409 $93,658,984

$12,409 $93,658,984

199.1 Defer the FY09 cost of living adjustment.

State General Funds

($204,350)

($204,350)

($204,350)

($204,350)

199.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($734,190)

($662,132)

$0

$0

199.3 Reduce funds through attrition.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($2,192,884) ($1,056,296) ($3,249,180)

($2,192,884) ($1,056,296) ($3,249,180)

($2,192,884) ($1,056,296) ($3,249,180)

($2,192,884) ($1,056,296) ($3,249,180)

199.4 Recognize funds from the American Recovery and Reinvestment Act of 2009 for food stamp caseload growth.

Federal Funds Not Itemized

$2,000,000

$2,000,000

$2,000,000

199.100-Food Stamp Eligibility and Benefits

Appropriation (HB 119)

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

$36,459,065 $36,531,123 $37,193,255 $37,193,255

State General Funds

$36,459,065 $36,531,123 $37,193,255 $37,193,255

TOTAL FEDERAL FUNDS

$52,999,790 $54,999,790 $54,999,790 $54,999,790

Federal Funds Not Itemized

$52,999,790 $54,999,790 $54,999,790 $54,999,790

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

$89,471,264 $91,543,322 $92,205,454 $92,205,454

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

$115,871,866 $115,871,866 $147,982,830
$12,332,000 $44,836,738

$115,871,866 $115,871,866 $147,982,830
$12,332,000 $44,836,738

$115,871,866 $115,871,866 $147,982,830 $12,332,000 $44,836,738

$115,871,866 $115,871,866 $147,982,830 $12,332,000 $44,836,738

FRIDAY, APRIL 3, 2009

5901

Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$90,814,092 $90,814,092 $263,854,696

$90,814,092 $90,814,092 $263,854,696

$90,814,092 $90,814,092 $263,854,696

$90,814,092 $90,814,092 $263,854,696

206.1 Reduce funds through a reduction of the Child Placing Agency (CPA) case management rate for the lowest three levels of care.

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($2,000,000)

$0

$0

$0

($453,241)

$0

$0

$0

($2,453,241)

$0

$0

$0

206.2 Reduce funds by discontinuing the use of the Westcare-DeKalb Assessment Center.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

206.3 Reduce funds to reflect the projected lower utilization of the Room Board and Watchful Oversight (RBWO).

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($1,210,980) ($215,829)
($1,426,809)

($1,210,980) ($215,829)
($1,426,809)

($1,210,980) ($215,829)
($1,426,809)

($1,210,980) ($215,829)
($1,426,809)

206.4 Transfer funds for Grandparents Raising Grandchildren to the Support for Needy Families - Basic Assistance program.

Temporary Assistance for Needy Families Grant CFDA93.558

($2,649,000) ($2,649,000) ($2,649,000) ($2,649,000)

206.5 Replace funds.

State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($16,000,000) $16,000,000
$0

($16,000,000) $16,000,000
$0

($32,640,209) $32,640,209
$0

($36,040,209) $36,040,209
$0

206.6 Reduce funds through higher utilization of in-home services.

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($4,709,839) ($674,260)
($5,384,099)

($4,709,839) ($841,734)
($5,551,573)

($4,709,839) ($841,734)
($5,551,573)

($4,709,839) ($841,734)
($5,551,573)

206.7 Reduce funds.

Foster Care Title IV-E CFDA93.658

($2,805,778) ($2,805,778) ($2,805,778) ($2,805,778)

206.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,913,551) ($3,913,551) ($3,913,551) ($3,913,551)

206.9 Recognize additional Federal Medical Assistance Percentage (FMAP) funds from the American Recovery and Reinvestment Act of 2009.

State General Funds Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS

($4,037,474) $4,037,474
$0

($4,037,474) $4,037,474
$0

($4,037,474) $4,037,474
$0

($4,037,474) $4,037,474
$0

206.10 Transfer funds to the Adolescent and Adult Health Promotion and Public Health Grants to Counties programs.

Temporary Assistance for Needy Families Grant CFDA93.558

($6,000,000) ($6,000,000) ($6,000,000)

5902

JOURNAL OF THE HOUSE

206.100-Out of Home Care

Appropriation (HB 119)

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

$83,875,022 $85,875,022 $69,234,813 $65,834,813

State General Funds

$83,875,022 $85,875,022 $69,234,813 $65,834,813

TOTAL FEDERAL FUNDS

$161,222,196 $155,507,963 $172,148,172 $175,548,172

Federal Funds Not Itemized

$12,332,000 $12,332,000 $12,332,000 $12,332,000

Foster Care Title IV-E CFDA93.658

$44,725,104 $45,010,871 $45,010,871 $45,010,871

Temporary Assistance for Needy Families

$104,165,092 $98,165,092 $114,805,301 $118,205,301

Temporary Assistance for Needy Families Grant CFDA93.558

$104,165,092 $98,165,092 $114,805,301 $118,205,301

TOTAL PUBLIC FUNDS

$245,097,218 $241,382,985 $241,382,985 $241,382,985

Refugee Assistance

Continuation Budget

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$0 $0 $4,749,006 $4,749,006 $4,749,006

$0 $0 $4,749,006 $4,749,006 $4,749,006

$0 $0 $4,749,006 $4,749,006 $4,749,006

$0 $0 $4,749,006 $4,749,006 $4,749,006

208.100-Refugee Assistance

Appropriation (HB 119)

The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees.

TOTAL FEDERAL FUNDS

$4,749,006

$4,749,006

$4,749,006

Federal Funds Not Itemized

$4,749,006

$4,749,006

$4,749,006

TOTAL PUBLIC FUNDS

$4,749,006

$4,749,006

$4,749,006

$4,749,006 $4,749,006 $4,749,006

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 TANF Unobligated Balance per 42 USC 604
TOTAL PUBLIC FUNDS

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

$100,000 $100,000 $58,000,000 $58,000,000 $58,100,000

210.1 Transfer funds from the Out of Home Care program for Grandparents Raising Grandchildren.

Temporary Assistance for Needy Families Grant CFDA93.558

$2,649,000

$2,649,000

210.2 Replace funds.

$2,649,000

$2,649,000

FRIDAY, APRIL 3, 2009

5903

Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS

$32,798,916 ($32,798,916)
$0

$32,798,916 ($32,798,916)
$0

$32,798,916 ($32,798,916)
$0

210.3 Transfer funds to the Adolescent and Adult Health Promotion and Public Health Grants to Counties programs.

Temporary Assistance for Needy Families Grant CFDA93.558

($4,000,000)

$0

210.4 Transfer funds to the Out of Home Care and Child Care Services programs.

Temporary Assistance for Needy Families Grant CFDA93.558

$32,798,916 ($32,798,916)
$0
$0
($4,000,000)

210.100-Support for Needy Families - Basic Assistance

Appropriation (HB 119)

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

$60,649,000 $56,649,000 $60,649,000 $56,649,000

Temporary Assistance for Needy Families

$35,447,916 $31,447,916 $35,447,916 $31,447,916

Temporary Assistance for Needy Families Grant CFDA93.558

$35,447,916 $31,447,916 $35,447,916 $31,447,916

TANF Unobligated Balance per 42 USC 604

$25,201,084 $25,201,084 $25,201,084 $25,201,084

TOTAL PUBLIC FUNDS

$60,749,000 $56,749,000 $60,749,000 $56,749,000

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142

$6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142

$6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142

$6,464,606 $6,464,606 $48,354,536 $17,185,183 $1,643,225 $29,526,128 $29,526,128 $54,819,142

211.1 Defer the FY09 cost of living adjustment.

State General Funds

($509,751)

($509,751)

($509,751)

($509,751)

211.2 Defer salary adjustments for critical jobs.

State General Funds

($1,581,570) ($1,581,570) ($1,581,570) ($1,581,570)

211.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

5904

JOURNAL OF THE HOUSE

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,831,429) ($1,651,682)

$0

$0

211.4 Reduce funds received in HB990 (FY09G) for increased rent at four new Division of Family and Children Services (DFCS) offices. (S:Reflect the appropriation in line 211.101)(CC:Reduce funds)

State General Funds

($657,928)

($657,928)

($657,928)

($657,928)

211.5 Recognize funds from the American Recovery and Reinvestment Act of 2009 to support Georgia's food banks.

Federal Funds Not Itemized

$1,100,000

$1,100,000

$1,100,000

211.6 Increase funds to provide one month of funding for new county owned DFCS offices in Carroll County ($15,000), Liberty County ($20,000), Walton County ($10,000), and Treutlen County ($5,000). (CC:Increase funds for construction for new county owned facilities)

State General Funds

$50,000

$0

$150,000

211.100-Support for Needy Families - Family Assistance

Appropriation (HB 119)

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

$1,883,928

$2,113,675

$3,715,357

$3,865,357

State General Funds

$1,883,928

$2,113,675

$3,715,357

$3,865,357

TOTAL FEDERAL FUNDS

$48,354,536 $49,454,536 $49,454,536 $49,454,536

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

$2,743,225

$2,743,225

$2,743,225

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

$50,238,464 $51,568,211 $53,169,893 $53,319,893

211.101 Special Project - Support for Needy Families - Family Assistance: Increase funds to plan for a new county owned DFCS facility in Carroll

County, Liberty County, Walton County, and Treutlen County.

State General Funds

$657,928

$0

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253

$7,695,000 $7,695,000 $25,519,348
$6,500 $2,396,595 $23,116,253 $23,116,253

FRIDAY, APRIL 3, 2009

5905

TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Medical Assistance Program CFDA93.778
TOTAL PUBLIC FUNDS

$20,000 $20,000 $20,000 $33,234,348

$20,000 $20,000 $20,000 $33,234,348

$20,000 $20,000 $20,000 $33,234,348

$20,000 $20,000 $20,000 $33,234,348

212.1 Eliminate funds for transfers to the Department of Labor, the Department of Community Affairs and the Technical College System of Georgia and use savings to fund activities in the Out of Home Care program.

Temporary Assistance for Needy Families Grant CFDA93.558

($5,291,242) ($5,291,242)

212.100-Support for Needy Families - Work Assistance

Appropriation (HB 119)

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

$25,519,348 $25,519,348 $20,228,106 $20,228,106

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

Temporary Assistance for Needy Families

$23,116,253 $23,116,253 $17,825,011 $17,825,011

Temporary Assistance for Needy Families Grant CFDA93.558

$23,116,253 $23,116,253 $17,825,011 $17,825,011

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$20,000

$20,000

$20,000

$20,000

Federal Funds Transfers

$20,000

$20,000

$20,000

$20,000

FF Medical Assistance Program CFDA93.778

$20,000

$20,000

$20,000

$20,000

TOTAL PUBLIC FUNDS

$33,234,348 $33,234,348 $27,943,106 $27,943,106

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

$252,352 $252,352 $252,352

$252,352 $252,352 $252,352

$252,352 $252,352 $252,352

$252,352 $252,352 $252,352

215.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,185)

($2,185)

($2,185)

($2,185)

215.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

5906

JOURNAL OF THE HOUSE

State General Funds

($6,913)

($5,974)

215.3 Reduce and defer funds received in HB990 (FY09G) for the Georgia for a Lifetime study (Project 2020).

State General Funds

($50,000)

$0

215.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($1,947)

($1,947)

$0 ($50,000)
($1,947)

$0 ($40,000)
($1,947)

215.100-Council on Aging

Appropriation (HB 119)

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

$191,307

$242,246

$198,220

$208,220

State General Funds

$191,307

$242,246

$198,220

$208,220

TOTAL PUBLIC FUNDS

$191,307

$242,246

$198,220

$208,220

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

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

$9,600,837 $9,600,837 $2,468,771 $1,268,771 $1,200,000 $1,200,000 $12,069,608

217.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,959)

($2,959)

($2,959)

($2,959)

217.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($6,034)

($5,214)

$0

$0

217.3 Reduce funds from technical assistance and county collaborative contracts.

State General Funds Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

($905,809) ($428,809) ($1,334,618)

($485,809) ($428,809) ($914,618)

($485,809) ($428,809) ($914,618)

($485,809) ($428,809) ($914,618)

217.4 Reduce funds from operations.

State General Funds

($10,500)

($10,500)

($10,500)

($10,500)

FRIDAY, APRIL 3, 2009

5907

217.5 Reduce funds from personnel. State General Funds 217.6 Reduce funds to reflect the revised revenue estimate. State General Funds

($42,989) ($86,337)

($12,989) ($86,337)

($12,989) ($86,337)

($12,989) ($86,337)

217.100-Family Connection

Appropriation (HB 119)

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

$8,546,209

$8,997,029

$9,002,243

$9,002,243

State General Funds

$8,546,209

$8,997,029

$9,002,243

$9,002,243

TOTAL FEDERAL FUNDS

$2,039,962

$2,039,962

$2,039,962

$2,039,962

Medical Assistance Program CFDA93.778

$839,962

$839,962

$839,962

$839,962

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

$10,586,171 $11,036,991 $11,042,205 $11,042,205

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 Services is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Section 28: Insurance, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS

Section Total - Continuation

$19,230,125 $19,230,125
$954,555

$19,230,125 $19,230,125
$954,555

$19,230,125 $19,230,125
$954,555

$19,230,125 $19,230,125
$954,555

5908

JOURNAL OF THE HOUSE

Federal Funds Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers TOTAL PUBLIC FUNDS

$954,555 $97,232 $97,232
$20,281,912

$954,555 $97,232 $97,232
$20,281,912

$954,555 $97,232 $97,232
$20,281,912

$954,555 $97,232 $97,232
$20,281,912

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

$16,868,629 $16,947,850

$16,868,629 $16,947,850

$954,555

$954,555

$954,555

$954,555

$97,232

$97,232

$97,232

$97,232

$17,920,416 $17,999,637

$15,610,193 $15,610,193
$954,555 $954,555
$97,232 $97,232 $16,661,980

$17,321,489 $17,321,489
$954,555 $954,555
$97,232 $97,232 $18,373,276

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

$2,490,268 $2,490,268 $2,490,268

$2,490,268 $2,490,268 $2,490,268

$2,490,268 $2,490,268 $2,490,268

$2,490,268 $2,490,268 $2,490,268

219.1 Defer the FY09 cost of living adjustment.

State General Funds

($24,831)

($24,831)

($24,831)

($24,831)

219.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($15)

($15)

($15)

($15)

219.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($122,390)

($105,762)

$0

$0

219.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($6,536)

($6,536)

($6,536)

($6,536)

219.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($278,825)

($278,825)

($278,825)

($278,825)

219.6 Reduce funds from operations.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

FRIDAY, APRIL 3, 2009

5909

219.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($1,041)

($1,041)

($1,041)

219.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($22,897)

($22,897)

($22,897)

219.9 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($2,918)

($2,918)

($1,041) ($22,897)
($2,918)

219.100-Departmental Administration

Appropriation (HB 119)

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

$1,958,733

$1,972,443

$2,078,205

$2,078,205

State General Funds

$1,958,733

$1,972,443

$2,078,205

$2,078,205

TOTAL PUBLIC FUNDS

$1,958,733

$1,972,443

$2,078,205

$2,078,205

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

$883,508 $883,508 $883,508

$883,508 $883,508 $883,508

$883,508 $883,508 $883,508

$883,508 $883,508 $883,508

220.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,518)

($11,518)

($11,518)

($11,518)

220.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($8)

($8)

($8)

($8)

220.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($57,512)

($49,699)

$0

$0

220.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($1,653)

($1,653)

($1,653)

($1,653)

220.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($99,200)

($99,200)

($99,200)

($99,200)

220.6 Reduce funds from contracts.

5910

JOURNAL OF THE HOUSE

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

220.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($3,968)

($3,968)

($3,968)

($3,968)

220.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($8,114)

($8,114)

($8,114)

($8,114)

220.99

CC: 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. Senate: 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.

State General Funds

$0

$0

220.100 -Enforcement

Appropriation (HB 119)

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

$691,535

$699,348

$749,047

$749,047

State General Funds

$691,535

$699,348

$749,047

$749,047

TOTAL PUBLIC FUNDS

$691,535

$699,348

$749,047

$749,047

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

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232 $97,232 $6,700,976

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232 $97,232 $6,700,976

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232 $97,232 $6,700,976

$5,649,189 $5,649,189
$954,555 $954,555
$97,232 $97,232 $97,232 $6,700,976

221.1 Defer the FY09 cost of living adjustment.

State General Funds

($74,298)

($74,298)

($74,298)

($74,298)

221.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($50)

($50)

($50)

($50)

221.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

FRIDAY, APRIL 3, 2009

5911

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($122,390)

($105,762)

$0

$0

221.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($22,510)

($22,510)

($22,510)

($22,510)

221.5 Reduce funds from operations.

State General Funds

($62,500)

($62,500)

($62,500)

($62,500)

221.6 Reduce funds designated to purchase vehicles.

State General Funds

($51,373)

($51,373)

($51,373)

($51,373)

221.7 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($372,801)

($372,801)

($372,801)

($372,801)

221.8 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($7,961)

($7,961)

($7,961)

($7,961)

221.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($68,661)

($68,661)

($68,661)

($68,661)

221.99

CC: The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials. Senate: The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials.

State General Funds

$0

$0

221.100-Fire Safety

Appropriation (HB 119)

The purpose of this appropriation is to promote fire safety awareness through education and training, and to protect the public from fire and limit the loss of life

and property by setting the minimum fire safety standards in the state, enforcing and regulating fire safety rules for public buildings and manufactured housing,

and regulating the storage, transportation, and handling of hazardous materials.

TOTAL STATE FUNDS

$4,866,645

$4,883,273

$4,989,035

$4,989,035

State General Funds

$4,866,645

$4,883,273

$4,989,035

$4,989,035

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

$5,918,432

$5,935,060

$6,040,822

$6,040,822

5912

JOURNAL OF THE HOUSE

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

$782,187 $782,187 $782,187

$782,187 $782,187 $782,187

$782,187 $782,187 $782,187

$782,187 $782,187 $782,187

222.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,754)

($6,754)

($6,754)

($6,754)

222.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($5)

($5)

($5)

($5)

222.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($57,514)

($49,700)

$0

$0

222.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($555)

($555)

($555)

($555)

222.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($113,823)

($113,823)

($113,823)

($113,823)

222.6 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($854)

($854)

($854)

($854)

222.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($7,006)

($7,006)

($7,006)

($7,006)

222.99

CC: 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. Senate: 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.

State General Funds

$0

$0

222.100-Industrial Loan

Appropriation (HB 119)

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.

FRIDAY, APRIL 3, 2009

5913

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$595,676 $595,676 $595,676

$603,490 $603,490 $603,490

$653,190 $653,190 $653,190

$653,190 $653,190 $653,190

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

$6,090,259 $6,090,259 $6,090,259

$6,090,259 $6,090,259 $6,090,259

$6,090,259 $6,090,259 $6,090,259

$6,090,259 $6,090,259 $6,090,259

223.1 Defer the FY09 cost of living adjustment.

State General Funds

($61,152)

($61,152)

($61,152)

($61,152)

223.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($41)

($41)

($41)

($41)

223.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($122,390)

($105,762)

$0

$0

223.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($20,970)

($20,970)

($20,970)

($20,970)

223.5 Reduce funds through a combination of attrition, furloughs, and reductions in force.

State General Funds

($184,624)

($184,624)

($184,624)

($184,624)

223.6 Reduce funds from operations.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

223.7 Reduce funds to reflect lower real estate rentals based on current Georgia Building Authority (GBA) rental billings.

State General Funds

($19,433)

($19,433)

($19,433)

($19,433)

223.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($64,829)

($64,829)

($64,829)

($64,829)

223.9 Transfer funds for the Consumer Services Division to the Office of Consumer Affairs. (CC:Reduce funds)

State General Funds

($1,860,104)

($148,808)

223.99 CC: The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving

5914

JOURNAL OF THE HOUSE

premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations. Senate: The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and disseminating information to the public and the insurance industry about the state's insurance laws and regulations.

State General Funds

$0

$0

223.100-Insurance Regulation

Appropriation (HB 119)

The purpose of this appropriation is to ensure that licensed insurance entities maintain solvency and conform to state law by conducting financial and market

examinations, investigating policyholder complaints, monitoring for compliance with state laws and regulations, reviewing and approving premium rates, and

disseminating information to the public and the insurance industry about the state's insurance laws and regulations.

TOTAL STATE FUNDS

$5,586,820

$5,603,448

$3,849,106

$5,560,402

State General Funds

$5,586,820

$5,603,448

$3,849,106

$5,560,402

TOTAL PUBLIC FUNDS

$5,586,820

$5,603,448

$3,849,106

$5,560,402

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

$3,334,714 $3,334,714 $3,334,714

$3,334,714 $3,334,714 $3,334,714

$3,334,714 $3,334,714 $3,334,714

$3,334,714 $3,334,714 $3,334,714

224.1 Defer the FY09 cost of living adjustment.

State General Funds

($35,335)

($35,335)

($35,335)

($35,335)

224.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($24)

($24)

($24)

($24)

224.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($122,390)

($105,762)

$0

$0

224.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($7,745)

($7,745)

($7,745)

($7,745)

224.100-Special Fraud

Appropriation (HB 119)

The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud.

FRIDAY, APRIL 3, 2009

5915

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,169,220 $3,169,220 $3,169,220

$3,185,848 $3,185,848 $3,185,848

$3,291,610 $3,291,610 $3,291,610

$3,291,610 $3,291,610 $3,291,610

Section 29: Investigation, Georgia Bureau of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$135,081,645

$77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$135,081,645

$77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279
$135,081,645

$77,283,568 $77,283,568 $40,844,247 $40,844,247 $16,919,551 $16,019,551
$900,000 $34,279 $34,279 $135,081,645

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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

$61,963,166 $62,043,259

$61,963,166 $62,043,259

$46,977,019 $46,977,019

$6,132,772

$6,132,772

$40,844,247 $40,844,247

$16,919,551 $16,919,551

$16,019,551 $16,019,551

$900,000

$900,000

$34,279

$34,279

$34,279

$34,279

$125,894,015 $125,974,108

$65,052,735 $65,052,735 $46,977,019 $6,132,772 $40,844,247 $18,907,551 $18,007,551
$900,000 $34,279 $34,279
$130,971,584

$62,905,982 $62,905,982 $46,977,019 $6,132,772 $40,844,247 $18,907,551 $18,007,551
$900,000 $34,279 $34,279
$128,824,831

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

$9,901,853 $9,901,853
$100,668 $100,668
$1,434 $1,434

$9,901,853 $9,901,853
$100,668 $100,668
$1,434 $1,434

$9,901,853 $9,901,853
$100,668 $100,668
$1,434 $1,434

$9,901,853 $9,901,853
$100,668 $100,668
$1,434 $1,434

5916

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$1,434 $10,003,955

$1,434 $10,003,955

$1,434 $10,003,955

$1,434 $10,003,955

225.1 Defer the FY09 cost of living adjustment.

State General Funds

($50,301)

($50,301)

($50,301)

($50,301)

225.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($131,927)

($114,004)

$0

$0

225.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,793,871

$1,793,871

$1,793,871

$1,793,871

225.4 Reduce funds by restructuring the security contract at the headquarters complex.

State General Funds

($441,615)

($441,615)

($441,615)

($441,615)

225.5 Reduce funds by eliminating three temporary labor positions used for data entry of criminal history information.

State General Funds

($80,000)

($80,000)

($80,000)

($80,000)

225.6 Reduce funds by eliminating four vacant positions.

State General Funds

($144,226)

($144,226)

($144,226)

($144,226)

225.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($54,067)

($54,067)

($54,067)

($54,067)

225.8 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($6,238)

($6,238)

($6,238)

225.100-Bureau Administration

Appropriation (HB 119)

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

$10,793,588 $10,805,273 $10,919,277 $10,919,277

State General Funds

$10,793,588 $10,805,273 $10,919,277 $10,919,277

TOTAL FEDERAL FUNDS

$100,668

$100,668

$100,668

$100,668

Federal Funds Not Itemized

$100,668

$100,668

$100,668

$100,668

TOTAL AGENCY FUNDS

$1,434

$1,434

$1,434

$1,434

Sales and Services

$1,434

$1,434

$1,434

$1,434

Sales and Services Not Itemized

$1,434

$1,434

$1,434

$1,434

TOTAL PUBLIC FUNDS

$10,895,690 $10,907,375 $11,021,379 $11,021,379

FRIDAY, APRIL 3, 2009

5917

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$14,536,126 $14,536,126 $1,859,298 $1,859,298
$155,610 $155,610 $155,610 $16,551,034

$14,536,126 $14,536,126 $1,859,298
$1,859,298 $155,610 $155,610 $155,610
$16,551,034

$14,536,126 $14,536,126
$1,859,298 $1,859,298
$155,610 $155,610 $155,610 $16,551,034

$14,536,126 $14,536,126 $1,859,298
$1,859,298 $155,610 $155,610 $155,610
$16,551,034

226.98 Transfer all funds and activities to the new Forensic Scientific Services program.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($14,536,126) ($1,859,298) ($155,610) ($16,551,034)

($14,536,126) ($1,859,298) ($155,610) ($16,551,034)

($14,536,126) ($1,859,298) ($155,610) ($16,551,034)

($14,536,126) ($1,859,298)
($155,610) ($16,551,034)

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,040,504 $11,040,504 $4,003,184 $4,003,184
$2,604 $2,604 $2,604 $15,046,292

$11,040,504 $11,040,504 $4,003,184
$4,003,184 $2,604 $2,604 $2,604
$15,046,292

$11,040,504 $11,040,504
$4,003,184 $4,003,184
$2,604 $2,604 $2,604 $15,046,292

$11,040,504 $11,040,504 $4,003,184
$4,003,184 $2,604 $2,604 $2,604
$15,046,292

227.1 Defer the FY09 cost of living adjustment.

State General Funds

($100,256)

($100,256)

($100,256)

($100,256)

227.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($284,324)

($245,697)

$0

$0

227.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

5918

JOURNAL OF THE HOUSE

State General Funds

$339,178

$339,178

$339,178

$339,178

227.4 Reduce funds by eliminating thirty-five temporary labor positions used for data entry of criminal history information.

State General Funds

($641,288)

($641,288)

($641,288)

($641,288)

227.5 Reduce funds by eliminating twelve vacant positions.

State General Funds

($448,402)

($448,402)

($448,402)

($448,402)

227.6 Reduce funds by transitioning the crime information center away from state protective order registry responsibilities.

State General Funds

($128,242)

$0

$0

$0

227.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($48,829)

($48,829)

($48,829)

($48,829)

227.8 Replace funds with fees collected from criminal history background checks.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($1,988,000) $1,988,000
$0

($1,988,000) $1,988,000
$0

227.99

CC: The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program. Senate: The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender Registry, and the Uniform Crime Reporting Program.

State General Funds

$0

$0

227.100-Criminal Justice Information Services

Appropriation (HB 119)

The purpose of this appropriation is to provide the State of Georgia with essential information and identification services through the operation of the Automated

Fingerprint Identification System, Criminal History System, Criminal Justice Information Services network, Protective Order Registry, Sexual Violent Offender

Registry, and the Uniform Crime Reporting Program.

TOTAL STATE FUNDS

$9,728,341

$9,895,210

$8,152,907

$8,152,907

State General Funds

$9,728,341

$9,895,210

$8,152,907

$8,152,907

TOTAL FEDERAL FUNDS

$4,003,184

$4,003,184

$4,003,184

$4,003,184

Federal Funds Not Itemized

$4,003,184

$4,003,184

$4,003,184

$4,003,184

TOTAL AGENCY FUNDS

$2,604

$2,604

$1,990,604

$1,990,604

Sales and Services

$2,604

$2,604

$1,990,604

$1,990,604

Sales and Services Not Itemized

$2,604

$2,604

$1,990,604

$1,990,604

TOTAL PUBLIC FUNDS

$13,734,129 $13,900,998 $14,146,695 $14,146,695

Forensic Scientific Services

Continuation Budget

FRIDAY, APRIL 3, 2009

5919

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

$0

$0

228.1 Defer the FY09 cost of living adjustment.

State General Funds

($238,330)

($238,330)

($238,330)

($238,330)

228.2 Defer special adjustments to selected job classes.

State General Funds

($246,580)

($246,580)

($246,580)

($246,580)

228.3 Defer the special pay raise to address retention issues for the following positions: Crime Lab Scientist 3, Assistant Crime Lab Associate, and Crime Lab Associate.

State General Funds

($313,820)

($313,820)

($313,820)

($313,820)

228.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($639,163)

($552,328)

$0

$0

228.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$137,103

$137,103

$137,103

$137,103

228.6 Reduce funds by eliminating two hourly staff positions.

State General Funds

($36,000)

($36,000)

($36,000)

($36,000)

228.7 Reduce funds by eliminating three temporary labor positions used for data entry of criminal history information.

State General Funds

($49,707)

($49,707)

($49,707)

($49,707)

228.8 Reduce funds and limit services at the Southwestern Regional Lab in Moultrie to intake only and close the Medical Examiner Office in Moultrie, the Western Regional Lab in Columbus, and the Northwestern Regional Lab in Summerville. (S:Close Medical Examiner offices, but restore funds to crime labs)

State General Funds

($1,088,241) ($1,088,241)

($163,073)

$0

228.9 Reduce funds by eliminating two vacant positions.

State General Funds

($70,000)

($70,000)

($70,000)

($70,000)

228.10 Eliminate funds for forensic anthropology services and use contracted services when required.

State General Funds

($107,290)

($107,290)

($107,290)

($107,290)

228.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($104,407)

($104,407)

($104,407)

($104,407)

228.12 Recognize funds from the American Recovery and Reinvestment Act of 2009.

5920

JOURNAL OF THE HOUSE

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($3,066,386) $3,066,386
$0

($3,066,386) $3,066,386
$0

($3,066,386) $3,066,386
$0

($3,066,386) $3,066,386
$0

228.13 Reduce funds from the Western Regional Lab in Columbus. (CC:Restore nine months of funding)

State General Funds

($66,525)

$0

($66,525)

228.14 Reduce funds from the Northwestern Regional Lab in Summerville. (CC:Restore nine months of funding)

State General Funds

($110,891)

$0

($110,891)

228.15 Reduce funds from the Southwestern Regional Lab in Moultrie. (CC:Restore nine months of funding)

State General Funds

($125,862)

$0

($125,862)

228.98 Transfer all funds and activities from the Centralized Scientific Services and Regional Forensic Services programs.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$23,554,160 $1,859,298
$157,865 $25,571,323

$23,554,160 $1,859,298 $157,865 $25,571,323

$23,554,160 $1,859,298 $157,865 $25,571,323

$23,554,160 $1,859,298 $157,865 $25,571,323

228.99

CC: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN. Senate: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN. House: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), digital imaging, firearms, forensic biology (serology/DNA), latent prints, pathology, questioned documents, toxicology, and trace evidence in support of the criminal justice system, and to analyze and enter samples into national databases such as AFIS, CODIS and NIBIN. Gov Rev: The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), digital imaging, firearms, forensic biology (serology/DNA), latent prints, pathology, questioned documents, toxicology, and trace evidence in support of the criminal justice system, and to analyze and enter samples into national databases such as AFIS, CODIS and NIBIN.

State General Funds

$0

$0

$0

$0

228.100-Forensic Scientific Services

Appropriation (HB 119)

The purpose of this appropriation is to provide forensic analysis and testimony in the areas of chemistry (drug identification), firearms, digital imaging, forensic

biology (serology/DNA), latent prints, pathology, questioned documents, photography, toxicology, implied consent, and trace evidence in support of the criminal

justice system; to provide medical examiner (autopsy) services; and to analyze and enter samples into national databases such as AFIS, CODIS, and NIBIN.

TOTAL STATE FUNDS

$17,731,339 $17,514,896 $19,295,670 $19,155,465

State General Funds

$17,731,339 $17,514,896 $19,295,670 $19,155,465

TOTAL FEDERAL FUNDS

$4,925,684

$4,925,684

$4,925,684

$4,925,684

FRIDAY, APRIL 3, 2009

5921

American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$3,066,386 $1,859,298
$157,865 $157,865 $157,865 $22,814,888

$3,066,386 $1,859,298
$157,865 $157,865 $157,865 $22,598,445

$3,066,386 $1,859,298
$157,865 $157,865 $157,865 $24,379,219

$3,066,386 $1,859,298
$157,865 $157,865 $157,865 $24,239,014

Georgia Information Sharing and Analysis Center

Continuation Budget

The purpose of this appropriation is to serve as the focal point for collection, analysis, and dissemination of information relative to threats or attacks, of a

terrorist nature, within and against the State of Georgia, its citizens, or infrastructure.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$939,414 $939,414 $360,025 $360,025
$479 $479 $479 $1,299,918

$939,414 $939,414 $360,025 $360,025
$479 $479 $479 $1,299,918

$939,414 $939,414 $360,025 $360,025
$479 $479 $479 $1,299,918

$939,414 $939,414 $360,025 $360,025
$479 $479 $479 $1,299,918

229.1 Defer the FY09 cost of living adjustment.

State General Funds

($9,026)

($9,026)

($9,026)

($9,026)

229.2 Defer the special pay raise received 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)

($35,289)

($35,289)

229.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($20,471)

($17,690)

$0

$0

229.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$13,385

$13,385

$13,385

$13,385

229.5 Reduce funds from operations.

State General Funds

($14,000)

($14,000)

($14,000)

($14,000)

229.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,362)

($4,362)

($4,362)

($4,362)

5922

JOURNAL OF THE HOUSE

229.99

CC: 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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project. Senate: 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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project.

State General Funds

$0

$0

229.100-Georgia Information Sharing and Analysis Center

Appropriation (HB 119)

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 by operating a terrorism tip line and operating the Georgia Terrorism Intelligence Project.

TOTAL STATE FUNDS

$869,651

$872,432

$890,122

$890,122

State General Funds

$869,651

$872,432

$890,122

$890,122

TOTAL FEDERAL FUNDS

$360,025

$360,025

$360,025

$360,025

Federal Funds Not Itemized

$360,025

$360,025

$360,025

$360,025

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

$1,230,155

$1,232,936

$1,250,626

$1,250,626

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

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

$9,018,034 $9,018,034
$2,255 $2,255 $2,255 $9,020,289

230.98 Transfer all funds and activities to the new Forensic Scientific Services program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($9,018,034) ($2,255)
($9,020,289)

($9,018,034) ($2,255)
($9,020,289)

($9,018,034) ($2,255)
($9,020,289)

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

$27,486,004 $27,486,004

$27,486,004 $27,486,004

$27,486,004 $27,486,004

($9,018,034) ($2,255)
($9,020,289)
$27,486,004 $27,486,004

FRIDAY, APRIL 3, 2009

5923

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$1,435,444 $1,435,444
$204,482 $204,482 $204,482
$34,279 $34,279 $34,279 $29,160,209

$1,435,444 $1,435,444
$204,482 $204,482 $204,482
$34,279 $34,279 $34,279 $29,160,209

$1,435,444 $1,435,444
$204,482 $204,482 $204,482
$34,279 $34,279 $34,279 $29,160,209

$1,435,444 $1,435,444
$204,482 $204,482 $204,482
$34,279 $34,279 $34,279 $29,160,209

231.1 Defer the FY09 cost of living adjustment.

State General Funds

($322,856)

($322,856)

($322,856)

($322,856)

231.2 Defer the special pay raise received 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) ($1,289,543) ($1,289,543)

231.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($752,021)

($649,854)

$0

$0

231.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$246,281

$246,281

$246,281

$246,281

231.5 Reduce one-time funds received in HB990 (FY09G) for startup costs associated with the Identity Theft Unit.

State General Funds

($148,372)

($148,372)

($148,372)

($148,372)

231.6 Reduce funds designated for vehicle purchases.

State General Funds

($610,731)

($610,731)

($610,731)

($610,731)

231.7 Reduce funds from operations.

State General Funds

($7,000)

($7,000)

($7,000)

($7,000)

231.8 Reduce funds by eliminating seven hourly staff positions.

State General Funds

($50,568)

($50,568)

($50,568)

($50,568)

231.9 Reduce funds and realize savings as a result of the consolidation of the Macon Regional Drug Enforcement Office and the Milledgeville Regional Investigative Office.

State General Funds

($46,303)

($46,303)

($46,303)

($46,303)

231.10 Reduce funds for three vacant agent positions and reassign Georgia SecureID staff to regional offices.

5924

JOURNAL OF THE HOUSE

State General Funds

($279,278)

($279,278)

($279,278)

($279,278)

231.11 Reduce funds by eliminating six vacant positions.

State General Funds

($350,000)

($350,000)

($350,000)

($350,000)

231.12 Reduce funds by reassigning Identity Theft Unit staff to regional offices.

State General Funds

($315,000)

($315,000)

($315,000)

($315,000)

231.13 Eliminate funds for the State Drug Task Force (SDTF), reassign the seventeen SDTF agents to regional investigative agents, and eliminate two support staff positions.

State General Funds

($1,055,867) ($1,055,867) ($1,055,867) ($1,055,867)

231.14 Reduce funds to reflect the revised revenue estimate.

State General Funds

($118,543)

($118,543)

($118,543)

($118,543)

231.15 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($3,066,386) $3,066,386
$0

($3,066,386) $3,066,386
$0

($3,066,386) $3,066,386
$0

($3,066,386) $3,066,386
$0

231.98 Transfer all funds and activities from the Special Operations Unit program.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$922,919 $3,023,756
$200 $3,946,875

$922,919 $3,023,756
$200 $3,946,875

$922,919 $3,023,756
$200 $3,946,875

$922,919 $3,023,756
$200 $3,946,875

231.99

CC: The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene investigations, and to assist in the investigation, identification, arrest and prosecution of individuals. The purpose of this appropriation is also to coordinate and operate the following specialized units: bingo unit, anti-terrorist team, forensic art, bomb disposal unit, identity theft task force, high technology investigations unit, communications center, state drug task force and regional drug enforcement, and polygraph examinations. Senate: The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene investigations, and to assist in the investigation, identification, arrest and prosecution of individuals. The purpose of this appropriation is also to coordinate and operate the following specialized units: bingo unit, anti-terrorist team, forensic art, bomb disposal unit, identity theft task force, high technology investigations unit, communications center, state drug task force and regional drug enforcement, and polygraph examinations. House: The purpose of this appropriation is to identify, collect, preserve, process evidence located during crime scene examinations, render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals. Gov Rev: The purpose of this appropriation is to identify, collect, preserve, process evidence located during crime scene examinations, render safe explosives devices of all types, and to assist in the identification, arrest and prosecution of individuals.

State General Funds

$0

$0

$0

$0

231.100-Regional Investigative Services

Appropriation (HB 119)

The purpose of this appropriation is to identify, collect, preserve, and process evidence located during crime scene investigations, and to assist in the

investigation, identification, arrest and prosecution of individuals. The purpose of this appropriation is also to coordinate and operate the following specialized

FRIDAY, APRIL 3, 2009

5925

units: bingo unit, anti-terrorist team, forensic art, bomb disposal unit, identity theft task force, high technology investigations unit, communications center, state

drug task force and regional drug enforcement, and polygraph examinations.

TOTAL STATE FUNDS

$20,242,736 $20,344,903 $20,994,757 $20,994,757

State General Funds

$20,242,736 $20,344,903 $20,994,757 $20,994,757

TOTAL FEDERAL FUNDS

$7,525,586

$7,525,586

$7,525,586

$7,525,586

American Recovery and Reinvestment Act of 2009

$3,066,386

$3,066,386

$3,066,386

$3,066,386

Federal Funds Not Itemized

$4,459,200

$4,459,200

$4,459,200

$4,459,200

TOTAL AGENCY FUNDS

$204,682

$204,682

$204,682

$204,682

Sales and Services

$204,682

$204,682

$204,682

$204,682

Sales and Services Not Itemized

$204,682

$204,682

$204,682

$204,682

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$34,279

$34,279

$34,279

$34,279

State Funds Transfers

$34,279

$34,279

$34,279

$34,279

Agency to Agency Contracts

$34,279

$34,279

$34,279

$34,279

TOTAL PUBLIC FUNDS

$28,007,283 $28,109,450 $28,759,304 $28,759,304

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

$922,919 $922,919 $3,023,756 $3,023,756
$200 $200 $200 $3,946,875

232.98 Transfer all funds and activities to the Regional Investigative Services program.

State General Funds Federal Funds Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($922,919) ($3,023,756)
($200) ($3,946,875)

($922,919) ($3,023,756)
($200) ($3,946,875)

($922,919) ($3,023,756)
($200) ($3,946,875)

($922,919) ($3,023,756)
($200) ($3,946,875)

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 FEDERAL FUNDS Federal Funds Not Itemized

$1,244,726 $1,244,726 $4,396,250 $4,396,250

$1,244,726 $1,244,726 $4,396,250 $4,396,250

$1,244,726 $1,244,726 $4,396,250 $4,396,250

$1,244,726 $1,244,726 $4,396,250 $4,396,250

5926

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,111 $2,111 $2,111 $5,643,087

$2,111 $2,111 $2,111 $5,643,087

$2,111 $2,111 $2,111 $5,643,087

$2,111 $2,111 $2,111 $5,643,087

233.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,455)

($6,455)

($6,455)

($6,455)

233.2 Defer the special pay raise received 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)

($66,162)

($66,162)

233.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($56,865)

($49,140)

$0

$0

233.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$32,969

$32,969

$32,969

$32,969

233.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,748)

($5,748)

($5,748)

($5,748)

233.99

CC: The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud the Medicaid Program. Senate: The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud the Medicaid Program.

State General Funds

$0

$0

233.100-State Healthcare Fraud Unit

Appropriation (HB 119)

The purpose of this appropriation is to serve as the center for the identification, arrest, and prosecution of providers of health services and patients who defraud

the Medicaid Program.

TOTAL STATE FUNDS

$1,142,465

$1,150,190

$1,199,330

$1,199,330

State General Funds

$1,142,465

$1,150,190

$1,199,330

$1,199,330

TOTAL FEDERAL FUNDS

$4,396,250

$4,396,250

$4,396,250

$4,396,250

Federal Funds Not Itemized

$4,396,250

$4,396,250

$4,396,250

$4,396,250

TOTAL AGENCY FUNDS

$2,111

$2,111

$2,111

$2,111

Sales and Services

$2,111

$2,111

$2,111

$2,111

FRIDAY, APRIL 3, 2009

5927

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$2,111 $5,540,826

$2,111 $5,548,551

$2,111 $5,597,691

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

$1,301,979 $1,301,979
$376 $376 $376 $1,302,355

$1,301,979 $1,301,979
$376 $376 $376 $1,302,355

$1,301,979 $1,301,979
$376 $376 $376 $1,302,355

$2,111 $5,597,691
$1,301,979 $1,301,979
$376 $376 $376 $1,302,355

234.1 Defer the FY09 cost of living adjustment.

State General Funds

($12,461)

($12,461)

($12,461)

($12,461)

234.2 Defer the special pay raise received to address retention issues for the following positions: Assistant Special Agent in Charge.

State General Funds

($97,337)

($97,337)

($97,337)

($97,337)

234.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($27,296)

($23,588)

$0

$0

234.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,814)

($5,814)

($5,814)

($5,814)

234.99

CC: The purpose of this appropriation is to provide GBI supervisory support with a special agent-in-charge to each of the thirteen federally funded multi-jurisdictional drug task forces. Senate: The purpose of this appropriation is to provide GBI supervisory support with a special agent-in-charge to each of the thirteen federally funded multi-jurisdictional drug task forces.

State General Funds

$0

$0

234.100-Task Forces

Appropriation (HB 119)

The purpose of this appropriation is to provide GBI supervisory support with a special agent-in-charge to each of the thirteen federally funded multi-

jurisdictional drug task forces.

TOTAL STATE FUNDS

$1,159,071

$1,162,779

$1,186,367

$1,186,367

State General Funds

$1,159,071

$1,162,779

$1,186,367

$1,186,367

TOTAL AGENCY FUNDS

$376

$376

$376

$376

5928

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$376 $376 $1,159,447

$376 $376 $1,163,155

$376 $376 $1,186,743

$376 $376 $1,186,743

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

$892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631

$892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631

$892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631

$892,009 $892,009 $25,665,622 $25,665,622 $16,550,000 $15,650,000 $15,650,000 $900,000 $900,000 $43,107,631

235.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,670)

($3,670)

($3,670)

($3,670)

235.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($114)

($114)

($114)

($114)

235.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($11,782)

($10,181)

$0

$0

235.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($77,437)

($77,437)

($77,437)

($77,437)

235.5 Reduce funds and defer the Local Law Enforcement and Fire Services (LLEFS) grant program.

State General Funds

($500,000)

($500,000)

($400,000)

($400,000)

235.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,031)

($3,031)

($3,031)

($3,031)

235.98 Transfer funds for Legal Services for Victims of Domestic Violence from the Judicial Council.

State General Funds

$2,006,548

$0

FRIDAY, APRIL 3, 2009

5929

235.99

CC: The purpose of this appropriation is to improve, plan for, and coordinate criminal justice efforts to improve the Georgia criminal justice system by working with all components of the system and levels of government throughout Georgia, by applying for and administering federal assistance grants that assist agencies and organizations in criminal justice and victim services; to award and administer state grant programs including from the Local Law Enforcement and Firefighter Grant Program; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program. Senate: The purpose of this appropriation is to improve, plan for, and coordinate criminal justice efforts to improve the Georgia criminal justice system by working with all components of the system and levels of government throughout Georgia, by applying for and administering federal assistance grants that assist agencies and organizations in criminal justice and victim services; to award and administer state grant programs including from the Local Law Enforcement and Firefighter Grant Program; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program. House: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. Gov Rev: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants.

State General Funds

$0

$0

$0

$0

235.100-Criminal Justice Coordinating Council

Appropriation (HB 119)

The purpose of this appropriation is to improve, plan for, and coordinate criminal justice efforts to improve the Georgia criminal justice system by working with

all components of the system and levels of government throughout Georgia, by applying for and administering federal assistance grants that assist agencies and

organizations in criminal justice and victim services; to award and administer state grant programs including from the Local Law Enforcement and Firefighter

Grant Program; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program.

TOTAL STATE FUNDS

$295,975

$297,576

$2,414,305

$407,757

State General Funds

$295,975

$297,576

$2,414,305

$407,757

TOTAL FEDERAL FUNDS

$25,665,622 $25,665,622 $25,665,622 $25,665,622

Federal Funds Not Itemized

$25,665,622 $25,665,622 $25,665,622 $25,665,622

TOTAL AGENCY FUNDS

$16,550,000 $16,550,000 $16,550,000 $16,550,000

Sales and Services

$15,650,000 $15,650,000 $15,650,000 $15,650,000

Sales and Services Not Itemized

$15,650,000 $15,650,000 $15,650,000 $15,650,000

Sanctions, Fines, and Penalties

$900,000

$900,000

$900,000

$900,000

Sanctions, Fines, and Penalties Not Itemized

$900,000

$900,000

$900,000

$900,000

TOTAL PUBLIC FUNDS

$42,511,597 $42,513,198 $44,629,927 $42,623,379

Section 30: Juvenile Justice, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS

Section Total - Continuation

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629

$342,932,665 $342,932,665
$1,674,112 $1,674,112
$127,629

5930

JOURNAL OF THE HOUSE

Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS
Federal Funds Transfers TOTAL PUBLIC FUNDS

$127,629 $13,461,532 $13,461,532 $358,195,938

$127,629 $13,461,532 $13,461,532 $358,195,938

$127,629 $13,461,532 $13,461,532 $358,195,938

$127,629 $13,461,532 $13,461,532 $358,195,938

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$280,481,965 $281,480,674

$280,481,965 $281,480,674

$29,694,315 $29,694,315

$28,020,203 $28,020,203

$1,674,112

$1,674,112

$127,629

$127,629

$127,629

$127,629

$13,461,532 $13,461,532

$13,461,532 $13,461,532

$323,765,441 $324,764,150

$288,115,218 $288,115,218 $29,694,315 $28,020,203
$1,674,112 $127,629 $127,629
$13,461,532 $13,461,532 $331,398,694

$288,029,073 $288,029,073 $29,694,315 $28,020,203
$1,674,112 $127,629 $127,629
$13,461,532 $13,461,532 $331,312,549

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 or services for committed 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

$50,568,335 $50,568,335 $5,002,533 $5,002,533
$703,693 $4,298,840 $55,570,868

$50,568,335 $50,568,335 $5,002,533 $5,002,533
$703,693 $4,298,840 $55,570,868

$50,568,335 $50,568,335
$5,002,533 $5,002,533
$703,693 $4,298,840 $55,570,868

$50,568,335 $50,568,335 $5,002,533
$5,002,533 $703,693
$4,298,840 $55,570,868

236.1 Defer the FY09 cost of living adjustment.

State General Funds

($29,370)

($29,370)

($29,370)

($29,370)

236.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($61,802)

($53,406)

$0

$0

236.3 Reduce one-time funds received in HB990 (FY09G) for a non-secure facility in Glynn County to house youth awaiting local juvenile court proceedings.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

FRIDAY, APRIL 3, 2009

5931

236.4 Reduce funds and the usage of part-time labor positions by approximately 25%.

State General Funds

($33,658)

($33,658)

($33,658)

($33,658)

236.5 Reduce funds from various contracts through lower utilization of contracted services.

State General Funds

($2,316,392) ($2,316,392) ($2,316,392) ($2,316,392)

236.6 Reduce funds from Room Board and Watchful Oversight placements to recognize savings from mental health services paid for by Care Management Organizations.

State General Funds

($3,080,000) ($3,080,000) ($3,080,000) ($3,080,000)

236.7 Reduce funds and close the North Georgia Wilderness Program by reducing the maximum length of stay in the Short Term Program (STP) to thirty days.

State General Funds

($2,053,560) ($2,053,560) ($2,053,560) ($2,053,560)

236.8 Reduce funds from the Outdoor Therapy Program (OTP) operated by the Department of Human Resources and utilize the program on a fee-for-service basis.

State General Funds

($768,059)

($768,059)

($768,059)

($768,059)

236.9 Reduce funds and close the Blakely Wilderness Program by reducing the maximum length of stay in the STP to thirty days.

State General Funds

($1,613,865) ($1,613,865) ($1,613,865) ($1,613,865)

236.10 Eliminate funds for the Family Based Intervention Program.

State General Funds

($1,488,287) ($1,488,287) ($1,488,287) ($1,488,287)

236.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($208,043)

$0

$0

$0

236.12 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($3,726,687) $3,726,687
$0

($3,726,687) $3,726,687
$0

($3,726,687) $3,726,687
$0

($3,726,687) $3,726,687
$0

236.13 Eliminate funds for the Weekend Sanctions Program.

State General Funds

($85,920)

($85,920)

($85,920)

236.14 Transfer funds to the Governor's Office of Children and Families for Angela's House for victims of child prostitution and trafficking.

State General Funds

($128,125)

236.99

CC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program. Senate: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an

5932

JOURNAL OF THE HOUSE

alternative program.

State General Funds

$0

$0

236.100-Community Non-Secure Commitment

Appropriation (HB 119)

The purpose of this appropriation is to protect the public, hold youth accountable for their actions, assist youth in becoming law-abiding citizens and transition

youth from secure detention, and provide the following alternative detention options: non-secure detention shelters, housebound detention, emergency shelters, a

short-term stay in a contract home, tracking services, wrap-around services, electronic monitoring, or detention in an alternative program.

TOTAL STATE FUNDS

$34,688,612 $34,819,131 $34,872,537 $34,744,412

State General Funds

$34,688,612 $34,819,131 $34,872,537 $34,744,412

TOTAL FEDERAL FUNDS

$3,726,687

$3,726,687

$3,726,687

$3,726,687

American Recovery and Reinvestment Act of 2009

$3,726,687

$3,726,687

$3,726,687

$3,726,687

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,002,533

$5,002,533

$5,002,533

$5,002,533

Federal Funds Transfers

$5,002,533

$5,002,533

$5,002,533

$5,002,533

FF Foster Care Title IV-E CFDA93.658

$703,693

$703,693

$703,693

$703,693

FF Medical Assistance Program CFDA93.778

$4,298,840

$4,298,840

$4,298,840

$4,298,840

TOTAL PUBLIC FUNDS

$43,417,832 $43,548,351 $43,601,757 $43,473,632

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

$55,094,993 $55,094,993 $4,297,106 $4,297,106
$4,297,106 $59,392,099

$55,094,993 $55,094,993 $4,297,106 $4,297,106 $4,297,106 $59,392,099

$55,094,993 $55,094,993
$4,297,106 $4,297,106 $4,297,106 $59,392,099

$55,094,993 $55,094,993 $4,297,106
$4,297,106 $4,297,106 $59,392,099

237.1 Defer the FY09 cost of living adjustment.

State General Funds

($460,970)

($460,970)

($460,970)

($460,970)

237.2 Defer salary adjustments for critical jobs.

State General Funds

($247,270)

($247,270)

($247,270)

($247,270)

237.3 Defer structure adjustments to the statewide salary plan.

State General Funds

($13,171)

($13,171)

($13,171)

($13,171)

237.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

FRIDAY, APRIL 3, 2009

5933

State General Funds

($1,908,093) ($1,648,866)

$0

$0

237.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,621,670

$1,621,670

$1,621,670

$1,621,670

237.6 Reduce funds through the consolidation of five regions to four and by eliminating one regional position.

State General Funds

($116,813)

($116,813)

($116,813)

($116,813)

237.7 Reduce funds and the use of part-time labor positions by approximately 25%.

State General Funds

($301,285)

($301,285)

($301,285)

($301,285)

237.8 Reduce funds from the Apprehensions Unit by eliminating twelve investigator positions.

State General Funds

($640,850)

($640,850)

($640,850)

($640,850)

237.9 Reduce funds received in HB990 (FY09G) for sixty-seven additional Juvenile Probation and Parole Specialists (JPPS).

State General Funds

($3,157,758) ($3,157,758) ($3,199,738) ($3,157,758)

237.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($260,863)

($357,348)

($357,348)

($357,348)

237.11 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($4,679,374) $4,679,374
$0

($4,679,374) $4,679,374
$0

($4,679,374) $4,679,374
$0

($4,679,374) $4,679,374
$0

237.99

CC: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens and supervise youth directly in the community, provide transitional and treatment services to those youth, and to provide agency wide services, including intake, court services, and case management. Senate: The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens and supervise youth directly in the community, provide transitional and treatment services to those youth, and to provide agency wide services, including intake, court services, and case management.

State General Funds

$0

$0

237.100-Community Supervision

Appropriation (HB 119)

The purpose of this appropriation is to protect the public, hold youth accountable for their actions, and assist youth in becoming law-abiding citizens and

supervise youth directly in the community, provide transitional and treatment services to those youth, and to provide agency wide services, including intake,

court services, and case management.

TOTAL STATE FUNDS

$44,930,216 $45,092,958 $46,699,844 $46,741,824

State General Funds

$44,930,216 $45,092,958 $46,699,844 $46,741,824

TOTAL FEDERAL FUNDS

$4,679,374

$4,679,374

$4,679,374

$4,679,374

American Recovery and Reinvestment Act of 2009

$4,679,374

$4,679,374

$4,679,374

$4,679,374

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$4,297,106

$4,297,106

$4,297,106

$4,297,106

Federal Funds Transfers

$4,297,106

$4,297,106

$4,297,106

$4,297,106

5934

JOURNAL OF THE HOUSE

FF Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS

$4,297,106 $53,906,696

$4,297,106 $54,069,438

$4,297,106 $55,676,324

$4,297,106 $55,718,304

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 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

$28,459,888 $28,459,888
$339,060 $339,060
$25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

$28,459,888 $28,459,888
$339,060 $339,060
$25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

$28,459,888 $28,459,888
$339,060 $339,060
$25,060 $25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

$28,459,888 $28,459,888
$339,060 $339,060 $25,060
$25,060 $25,060 $220,095 $220,095 $220,095 $29,044,103

238.1 Defer the FY09 cost of living adjustment.

State General Funds

($200,229)

($200,229)

($200,229)

($200,229)

238.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($5,721)

($5,721)

($5,721)

($5,721)

238.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($648,907)

($560,749)

$0

$0

238.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,613,399

$1,613,399

$1,613,399

$1,613,399

238.5 Reduce funds through the consolidation of five regions to four and by eliminating two regional positions.

State General Funds

($183,908)

($183,908)

($183,908)

($183,908)

238.6 Reduce funds and the use of part-time labor positions by approximately 25%.

State General Funds

($88,195)

($88,195)

($88,195)

($88,195)

238.7 Reduce funds from the Training Unit through changes in the delivery of programs and reduction of contracts.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

FRIDAY, APRIL 3, 2009

5935

238.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($140,239)

238.9 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($2,493,798) $2,493,798
$0

238.10 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($411,357)
($2,493,798) $2,493,798
$0
($50,943)

($411,357)
($2,493,798) $2,493,798
$0
($50,943)

($411,357)
($2,493,798) $2,493,798
$0
($50,943)

238.100-Departmental Administration

Appropriation (HB 119)

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

$26,012,290 $25,778,387 $26,339,136 $26,339,136

State General Funds

$26,012,290 $25,778,387 $26,339,136 $26,339,136

TOTAL FEDERAL FUNDS

$2,832,858

$2,832,858

$2,832,858

$2,832,858

American Recovery and Reinvestment Act of 2009

$2,493,798

$2,493,798

$2,493,798

$2,493,798

Federal Funds Not Itemized

$339,060

$339,060

$339,060

$339,060

TOTAL AGENCY FUNDS

$25,060

$25,060

$25,060

$25,060

Sales and Services

$25,060

$25,060

$25,060

$25,060

Sales and Services Not Itemized

$25,060

$25,060

$25,060

$25,060

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$220,095

$220,095

$220,095

$220,095

Federal Funds Transfers

$220,095

$220,095

$220,095

$220,095

FF National School Lunch Program CFDA10.555

$220,095

$220,095

$220,095

$220,095

TOTAL PUBLIC FUNDS

$29,090,303 $28,856,400 $29,417,149 $29,417,149

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

$99,055,570 $99,055,570 $1,274,905 $1,274,905
$27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $102,455,657

$99,055,570 $99,055,570 $1,274,905
$1,274,905 $27,991 $27,991 $27,991
$2,097,191 $2,097,191 $2,097,191 $102,455,657

$99,055,570 $99,055,570
$1,274,905 $1,274,905
$27,991 $27,991 $27,991 $2,097,191 $2,097,191 $2,097,191 $102,455,657

$99,055,570 $99,055,570 $1,274,905
$1,274,905 $27,991 $27,991 $27,991
$2,097,191 $2,097,191 $2,097,191 $102,455,657

5936

JOURNAL OF THE HOUSE

239.1 Defer the FY09 cost of living adjustment.

State General Funds

($819,962)

($819,962)

($819,962)

($819,962)

239.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($23,427)

($23,427)

($23,427)

($23,427)

239.3 Defer salary adjustments for critical jobs.

State General Funds

($439,995)

($439,995)

($439,995)

($439,995)

239.4 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1.

State General Funds

($829,394)

($829,394)

($829,394)

($829,394)

239.5

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,124,394) ($1,835,781)

$0

$0

239.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$180,572

$180,572

$180,572

$180,572

239.7 Reduce funds and the use of part-time labor positions by approximately 25%.

State General Funds

($329,843)

($329,843)

($329,843)

($329,843)

239.8 Reduce funds and suspend the 21st Century After School Program.

State General Funds

($385,000)

($385,000)

($385,000)

($385,000)

239.9 Reduce funds and suspend the Think Exit at Entry Transition Program.

State General Funds

($600,000)

($600,000)

($600,000)

($600,000)

239.10 Reduce funds from substance abuse education programs.

State General Funds

($96,333)

($96,333)

($96,333)

($96,333)

239.11 Eliminate funds for the Medical College of Georgia (MCG) residency program that provides limited psychiatry hours at the Augusta Youth Development Campus (YDC).

State General Funds

($31,200)

($31,200)

($31,200)

($31,200)

239.12 Reduce funds by replacing one social service provider position with a part-time position.

State General Funds

($22,573)

($22,573)

($22,573)

($22,573)

239.13 Reduce funds by eliminating the use of on-call social workers.

State General Funds

($194,610)

($194,610)

($194,610)

($194,610)

239.14 Reduce funds and close the McIntosh YDC effective April 2009 by reducing the maximum length of stay in the Short Term Program (STP) to thirty days.

State General Funds

($3,646,064) ($3,646,064) ($3,646,064) ($3,646,064)

FRIDAY, APRIL 3, 2009

5937

239.15 Reduce funds through the consolidation of five regions to four and by eliminating one regional position.

State General Funds

($134,473)

($134,473)

($134,473)

($134,473)

239.16 Reduce funds to reflect the revised revenue estimate.

State General Funds

($446,064)

($234,946)

($234,946)

($234,946)

239.17 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($8,013,778) $8,013,778
$0

($8,013,778) $8,013,778
$0

($8,013,778) $8,013,778
$0

($8,013,778) $8,013,778
$0

239.99

CC: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody, sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440. Senate: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody, sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440.

State General Funds

$0

$0

239.100-Secure Commitment (YDCs)

Appropriation (HB 119)

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth

including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody,

sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440.

TOTAL STATE FUNDS

$81,099,032 $81,598,763 $83,434,544 $83,434,544

State General Funds

$81,099,032 $81,598,763 $83,434,544 $83,434,544

TOTAL FEDERAL FUNDS

$9,288,683

$9,288,683

$9,288,683

$9,288,683

American Recovery and Reinvestment Act of 2009

$8,013,778

$8,013,778

$8,013,778

$8,013,778

Federal Funds Not Itemized

$1,274,905

$1,274,905

$1,274,905

$1,274,905

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

$2,097,191

$2,097,191

$2,097,191

$2,097,191

Federal Funds Transfers

$2,097,191

$2,097,191

$2,097,191

$2,097,191

FF National School Lunch Program CFDA10.555

$2,097,191

$2,097,191

$2,097,191

$2,097,191

TOTAL PUBLIC FUNDS

$92,512,897 $93,012,628 $94,848,409 $94,848,409

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.

5938

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

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

$109,753,879 $109,753,879
$60,147 $60,147 $74,578 $74,578 $74,578 $1,844,607 $1,844,607 $1,844,607 $111,733,211

240.1 Defer the FY09 cost of living adjustment.

State General Funds

($981,955)

($981,955)

($981,955)

($981,955)

240.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($23,457)

($23,457)

($23,457)

($23,457)

240.3 Defer salary adjustments for critical jobs.

State General Funds

($524,842)

($524,842)

($524,842)

($524,842)

240.4 Defer the special pay raise received to address recruitment and retention issues for the following positions: Juvenile Correctional Officer 1.

State General Funds

($786,793)

($786,793)

($786,793)

($786,793)

240.5

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,982,980) ($2,577,722)

$0

$0

240.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$669,445

$669,445

$669,445

$669,445

240.7 Reduce funds and the use of part-time labor positions by 25%.

State General Funds

($566,063)

($566,063)

($566,063)

($566,063)

240.8 Eliminate funds for the Emory Residency program that provides limited psychiatry hours at the Metro Regional Youth Detention Center (RYDC).

State General Funds

($10,400)

($10,400)

($10,400)

($10,400)

240.9 Reduce funds by replacing nine social service provider positions with part-time positions.

State General Funds

($286,885)

($286,885)

($286,885)

($286,885)

240.10 Reduce funds through a decrease in psychology hours from nineteen to sixteen hours at sixty-four bed RYDCs.

FRIDAY, APRIL 3, 2009

5939

State General Funds

($98,133)

($98,133)

($98,133)

($98,133)

240.11 Eliminate funds for substance abuse education programs.

State General Funds

($244,641)

($244,641)

($244,641)

($244,641)

240.12 Reduce funds by eliminating the use of on-call social workers.

State General Funds

($227,261)

($227,261)

($227,261)

($227,261)

240.13 Reduce funds through the consolidation of five regions to four and by eliminating four regional positions.

State General Funds

($325,219)

($325,219)

($325,219)

($325,219)

240.14 Reduce funds to reflect the revised revenue estimate.

State General Funds

($506,314)

($471,952)

($471,952)

($471,952)

240.15 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($9,106,566) $9,106,566
$0

($9,106,566) $9,106,566
$0

($9,106,566) $9,106,566
$0

($9,106,566) $9,106,566
$0

240.99

CC: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement in one of the Department's treatment programs or facilities. Senate: The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement in one of the Department's treatment programs or facilities.

State General Funds

$0

$0

240.100-Secure Detention (RYDCs)

Appropriation (HB 119)

The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide temporary, secure care, and supervision of

youth who are charged with crimes or who have been found guilty of crimes and are awaiting disposition of their cases by juvenile courts or awaiting placement

in one of the Department's treatment programs or facilities.

TOTAL STATE FUNDS

$93,751,815 $94,191,435 $96,769,157 $96,769,157

State General Funds

$93,751,815 $94,191,435 $96,769,157 $96,769,157

TOTAL FEDERAL FUNDS

$9,166,713

$9,166,713

$9,166,713

$9,166,713

American Recovery and Reinvestment Act of 2009

$9,106,566

$9,106,566

$9,106,566

$9,106,566

Federal Funds Not Itemized

$60,147

$60,147

$60,147

$60,147

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

$1,844,607

$1,844,607

$1,844,607

$1,844,607

Federal Funds Transfers

$1,844,607

$1,844,607

$1,844,607

$1,844,607

5940

JOURNAL OF THE HOUSE

FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS

$1,844,607

$1,844,607

$1,844,607

$1,844,607

$104,837,713 $105,277,333 $107,855,055 $107,855,055

Section 31: Labor, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families
TOTAL AGENCY FUNDS Reserved Fund Balances Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878
$6,904,800 $6,904,800 $439,889,791

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878
$6,904,800 $6,904,800 $439,889,791

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878
$6,904,800 $6,904,800 $439,889,791

$55,769,092 $55,769,092 $345,692,508 $345,440,508
$252,000 $31,523,391
$729,513 $30,793,878 $6,904,800
$6,904,800 $439,889,791

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

$47,389,303 $47,527,678

$47,389,303 $47,527,678

$345,440,508 $345,440,508

$345,440,508 $345,440,508

$31,523,391 $31,523,391

$729,513

$729,513

$30,793,878 $30,793,878

$6,904,800

$6,904,800

$6,904,800

$6,904,800

$431,258,002 $431,396,377

$46,432,021 $46,432,021 $345,440,508 $345,440,508 $31,523,391
$729,513 $30,793,878
$4,800 $4,800 $423,400,720

$47,432,021 $47,432,021 $345,440,508 $345,440,508 $31,523,391
$729,513 $30,793,878
$4,800 $4,800 $424,400,720

Business Enterprise Program

Continuation Budget

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

$444,108 $444,108 $1,966,085 $1,966,085 $2,410,193

241.1 Defer the FY09 cost of living adjustment. State General Funds

($2,509)

($2,509)

($2,509)

($2,509)

FRIDAY, APRIL 3, 2009

5941

241.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($289)

($289)

($289)

($289)

241.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($8,366)

($7,229)

$0

$0

241.4 Reduce funds from personnel.

State General Funds

($7,920)

($7,920)

($7,920)

($7,920)

241.5 Reduce funds from operations.

State General Funds

($45,000)

($45,000)

($45,000)

($45,000)

241.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,551)

($4,551)

($4,551)

($4,551)

241.100-Business Enterprise Program

Appropriation (HB 119)

The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy.

TOTAL STATE FUNDS

$375,473

$376,610

$383,839

State General Funds

$375,473

$376,610

$383,839

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

$2,341,558

$2,342,695

$2,349,924

$383,839 $383,839 $1,966,085 $1,966,085 $2,349,924

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

242.1 Reduce funds. State General Funds 242.2 Reduce funds to reflect the revised revenue estimate. State General Funds

($9,300) ($1,012)

($9,300) ($1,012)

($9,300) ($1,012)

242.100-Commission on Women

Appropriation (HB 119)

The purpose of this appropriation is to advance health, education, economic, social and legal status of women in Georgia.

($9,300) ($1,012)

5942

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$82,860 $82,860 $82,860

$82,860 $82,860 $82,860

$82,860 $82,860 $82,860

$82,860 $82,860 $82,860

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL PUBLIC FUNDS

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

$3,422,636 $3,422,636 $38,433,936 $37,923,936
$510,000 $510,000 $41,856,572

243.1 Defer the FY09 cost of living adjustment.

State General Funds

($31,827)

($31,827)

($31,827)

($31,827)

243.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($3,661)

($3,661)

($3,661)

($3,661)

243.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($65,919)

($56,963)

$0

$0

243.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,800

$5,800

$5,800

$5,800

243.5 Reduce funds to reflect new cost allocation rate on administrative assessments for unemployment insurance.

State General Funds

($211,276)

($211,276)

($211,276)

($211,276)

243.6 Reduce funds from personnel.

State General Funds

($653,327)

($653,327)

($653,327)

($653,327)

243.7 Reduce funds designated for vehicle purchases.

State General Funds

($4,117)

($4,117)

($4,117)

($4,117)

243.8 Reduce funds from operations.

State General Funds

($115,000)

($115,000)

($115,000)

($115,000)

243.9 Eliminate funds from the GoodWorks program to align expenditures to annual grant award.

FRIDAY, APRIL 3, 2009

5943

Temporary Assistance for Needy Families Grant CFDA93.558 243.10 Reduce funds to reflect the revised revenue estimate. State General Funds 243.11 Reduce merit system assessments from $147 to $137 per position. State General Funds

($510,000) ($28,001)

($510,000) ($28,001)
($4,378)

($510,000) ($28,001)
($4,378)

($510,000) ($28,001)
($4,378)

243.100-Department of Labor Administration

Appropriation (HB 119)

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

$2,315,308

$2,319,886

$2,376,849

$2,376,849

State General Funds

$2,315,308

$2,319,886

$2,376,849

$2,376,849

TOTAL FEDERAL FUNDS

$37,923,936 $37,923,936 $37,923,936 $37,923,936

Federal Funds Not Itemized

$37,923,936 $37,923,936 $37,923,936 $37,923,936

TOTAL PUBLIC FUNDS

$40,239,244 $40,243,822 $40,300,785 $40,300,785

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

244.100-Disability Adjudication Section

Appropriation (HB 119)

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 $55,598,820

Federal Funds Not Itemized

$55,598,820 $55,598,820 $55,598,820 $55,598,820

TOTAL PUBLIC FUNDS

$55,598,820 $55,598,820 $55,598,820 $55,598,820

Division of Rehabilitation Administration

Continuation Budget

The purpose 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

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

$2,309,899 $2,309,899 $2,913,518 $2,913,518 $5,223,417

245.1 Defer the FY09 cost of living adjustment.

5944

JOURNAL OF THE HOUSE

State General Funds

($12,443)

($12,443)

($12,443)

($12,443)

245.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($1,431)

($1,431)

($1,431)

($1,431)

245.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($43,516)

($37,604)

$0

$0

245.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$4,608

$4,608

$4,608

$4,608

245.5 Reduce funds from operations.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

245.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($25,851)

($25,851)

($25,851)

($25,851)

245.100-Division of Rehabilitation Administration

Appropriation (HB 119)

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

$2,131,266

$2,137,178

$2,174,782

$2,174,782

State General Funds

$2,131,266

$2,137,178

$2,174,782

$2,174,782

TOTAL FEDERAL FUNDS

$2,913,518

$2,913,518

$2,913,518

$2,913,518

Federal Funds Not Itemized

$2,913,518

$2,913,518

$2,913,518

$2,913,518

TOTAL PUBLIC FUNDS

$5,044,784

$5,050,696

$5,088,300

$5,088,300

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

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

$452,913 $452,913 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $12,281,801

246.1 Defer the FY09 cost of living adjustment.

FRIDAY, APRIL 3, 2009

5945

State General Funds

($64,583)

($64,583)

($64,583)

($64,583)

246.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($7,428)

($7,428)

($7,428)

($7,428)

246.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($8,532)

($7,373)

$0

$0

246.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,458)

($4,458)

($4,458)

($4,458)

246.100-Georgia Industries for the Blind

Appropriation (HB 119)

The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin.

TOTAL STATE FUNDS

$367,912

$369,071

$376,444

$376,444

State General Funds

$367,912

$369,071

$376,444

$376,444

TOTAL AGENCY FUNDS

$11,828,888 $11,828,888 $11,828,888 $11,828,888

Reserved Fund Balances

$729,513

$729,513

$729,513

$729,513

Reserved Fund Balances Not Itemized

$729,513

$729,513

$729,513

$729,513

Sales and Services

$11,099,375 $11,099,375 $11,099,375 $11,099,375

Sales and Services Not Itemized

$11,099,375 $11,099,375 $11,099,375 $11,099,375

TOTAL PUBLIC FUNDS

$12,196,800 $12,197,959 $12,205,332 $12,205,332

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

$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

$753,151 $753,151 $2,249,873 $2,249,873 $3,003,024

247.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,038)

($8,038)

($8,038)

($8,038)

247.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($924)

($924)

($924)

($924)

247.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

5946

JOURNAL OF THE HOUSE

Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($16,647)

($14,385)

$0

$0

247.4 Reduce funds from operations.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

247.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($8,469)

($8,469)

($8,469)

($8,469)

247.100-Labor Market Information

Appropriation (HB 119)

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

$699,073

$701,335

$715,720

State General Funds

$699,073

$701,335

$715,720

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

$2,948,946

$2,951,208

$2,965,593

$715,720 $715,720 $2,249,873 $2,249,873 $2,965,593

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

$7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

$7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

$7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

$7,339,734 $7,339,734 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $33,222,110

248.1 Defer the FY09 cost of living adjustment.

State General Funds

($51,285)

($51,285)

($51,285)

($51,285)

248.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($5,898)

($5,898)

($5,898)

($5,898)

248.3 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-

FRIDAY, APRIL 3, 2009

5947

Employment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($138,269)

($119,484)

$0

$0

248.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$9,726

$9,726

$9,726

$9,726

248.5 Reduce funds from personnel.

State General Funds

($208,904)

($208,904)

($208,904)

($208,904)

248.6 Reduce funds designated for vehicle purchases.

State General Funds

($59,095)

($59,095)

($59,095)

($59,095)

248.7 Reduce funds received in HB990 (FY09G) for Blaze Sports America, Inc.

State General Funds

($104,000)

($104,000)

($104,000)

($104,000)

248.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($81,269)

($81,269)

($81,269)

($81,269)

248.9 Reduce funds and direct the Department to submit a plan for Roosevelt Warm Springs to make the hospital, golf course, and recreational facilities selfsufficient using federal grants and agency generated income within five years. (CC:Reduce funds and develop a plan to reduce hospital, golf course, and recreational facilities dependency on state funding)

State General Funds

($130,652)

($130,652)

248.100-Roosevelt Warm Springs Institute

Appropriation (HB 119)

The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence.

TOTAL STATE FUNDS

$6,700,740

$6,719,525

$6,708,357

State General Funds

$6,700,740

$6,719,525

$6,708,357

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

$32,583,116 $32,601,901 $32,590,733

$6,708,357 $6,708,357 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287
$4,800 $4,800 $4,800 $32,590,733

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.

5948

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

$3,406,435 $3,406,435
$168,552 $168,552 $3,574,987

249.1 Defer the FY09 cost of living adjustment.

State General Funds

($27,096)

($27,096)

($27,096)

($27,096)

249.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($3,116)

($3,116)

($3,116)

($3,116)

249.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($64,171)

($55,453)

$0

$0

249.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,250

$5,250

$5,250

$5,250

249.5 Reduce funds received in HB990 (FY09G) for three safety inspector positions and one clerical position.

State General Funds

($257,142)

($257,142)

($257,142)

($257,142)

249.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($36,662)

($36,662)

($36,662)

($36,662)

249.100-Safety Inspections

Appropriation (HB 119)

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

$3,023,498

$3,032,216

$3,087,669

$3,087,669

State General Funds

$3,023,498

$3,032,216

$3,087,669

$3,087,669

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

$3,192,050

$3,200,768

$3,256,221

$3,256,221

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

$11,228,560 $11,228,560

$11,228,560 $11,228,560

$11,228,560 $11,228,560

$11,228,560 $11,228,560

FRIDAY, APRIL 3, 2009

5949

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$49,173,186 $49,173,186 $60,401,746

$49,173,186 $49,173,186 $60,401,746

$49,173,186 $49,173,186 $60,401,746

$49,173,186 $49,173,186 $60,401,746

250.1 Defer the FY09 cost of living adjustment.

State General Funds

($100,736)

($100,736)

($100,736)

($100,736)

250.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($11,586)

($11,586)

($11,586)

($11,586)

250.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($208,639)

($180,294)

$0

$0

250.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$15,009

$15,009

$15,009

$15,009

250.5 Reduce funds from operations.

State General Funds

($106,890)

($106,890)

($106,890)

($106,890)

250.6 Reduce funds to reflect the new cost allocation rate on administrative assessments for unemployment insurance.

State General Funds

($2,580,789) ($2,580,789) ($2,580,789) ($2,580,789)

250.7 Reduce funds designated for vehicle purchases.

State General Funds

($10,452)

($10,452)

($10,452)

($10,452)

250.8 Reduce funds and use federal stimulus receipts to cover administrative costs.

State General Funds

($2,000,000) ($1,000,000)

250.100-Unemployment Insurance

Appropriation (HB 119)

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

$8,224,477

$8,252,822

$6,433,116

$7,433,116

State General Funds

$8,224,477

$8,252,822

$6,433,116

$7,433,116

TOTAL FEDERAL FUNDS

$49,173,186 $49,173,186 $49,173,186 $49,173,186

Federal Funds Not Itemized

$49,173,186 $49,173,186 $49,173,186 $49,173,186

TOTAL PUBLIC FUNDS

$57,397,663 $57,426,008 $55,606,302 $56,606,302

Vocational Rehabilitation Program

Continuation Budget

The purpose of this appropriation is to assist people with disabilities so that they may go to work.

5950

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families TANF Transfers to Child Care Development Fund per 42 USC 604
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

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000)
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000)
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000)
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846

$18,029,477 $18,029,477 $63,967,153 $65,667,153 ($1,700,000) ($1,700,000)
$806,216 $806,216 $806,216 $1,700,000 $1,700,000 $1,700,000 $84,502,846

251.1 Defer the FY09 cost of living adjustment.

State General Funds

($82,563)

($82,563)

($82,563)

($82,563)

251.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($9,496)

($9,496)

($9,496)

($9,496)

251.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($339,797)

($293,633)

$0

$0

251.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$26,362

$26,362

$26,362

$26,362

251.5 Increase funds for the GoodWorks program to align TANF expenditures to annual grant award.

TANF Transfers to Child Care Development Fund per 42 USC 604

$1,700,000

$1,700,000

$1,700,000

$1,700,000

251.6 Reduce funds from operations.

State General Funds

($540,000)

($540,000)

($540,000)

($540,000)

251.7 Reduce funds for the purchase of service and special purpose contracts.

State General Funds

($597,296)

($597,296)

($597,296)

($597,296)

251.8 Reduce funds received in HB990 (FY09G) for the Georgia Games.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

251.9 Reduce funds received in HB990 (FY09G) for SHARE DEAR.

State General Funds

($48,661)

($48,661)

($48,661)

($48,661)

FRIDAY, APRIL 3, 2009

5951

251.10 Reduce funds from the Georgia Council on the Hearing Impaired (Hinesville Location).

State General Funds

($167,000)

251.11 Reduce funds by eliminating the State-wide Assistive Technology contract.

State General Funds

($30,000)

251.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($194,279)

251.13 Reduce funds for the GoodWorks program to align expenditures to annual grant award.

FF Temporary Assistance for Needy Families CFDA93.558

($167,000)

($40,000)

($40,000)

($30,000)

($30,000)

($30,000)

($194,279)

($194,279)

($194,279)

($1,700,000) ($1,700,000)

251.100-Vocational Rehabilitation Program

Appropriation (HB 119)

The purpose of this appropriation is to assist people with disabilities so that they may go to work.

TOTAL STATE FUNDS

$16,021,747 $16,067,911 $16,488,544

State General Funds

$16,021,747 $16,067,911 $16,488,544

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

$84,195,116 $84,241,280 $82,961,913

$16,488,544 $16,488,544 $65,667,153 $65,667,153
$806,216 $806,216 $806,216
$82,961,913

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Temporary Assistance for Needy Families CFDA93.558
TOTAL PUBLIC FUNDS

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

$8,289,007 $8,289,007 $124,232,096 $122,790,096 $1,442,000 $1,442,000 $5,200,000 $5,200,000 $5,200,000 $137,721,103

252.1 Defer the FY09 cost of living adjustment.

5952

JOURNAL OF THE HOUSE

State General Funds

($75,752)

($75,752)

($75,752)

($75,752)

252.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($8,712)

($8,712)

($8,712)

($8,712)

252.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($156,892)

($135,577)

$0

$0

252.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$9,892

$9,892

$9,892

$9,892

252.5 Reduce funds designated for vehicle purchases.

State General Funds

($20,289)

($20,289)

($20,289)

($20,289)

252.6 Reduce funds from operations.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

252.7 Eliminate funds from the GoodWorks program to align expenditures to annual grant award.

Temporary Assistance for Needy Families Grant CFDA93.558

($1,442,000) ($1,442,000) ($1,442,000) ($1,442,000)

252.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($90,305)

($90,305)

($90,305)

($90,305)

252.9 Eliminate the GoodWorks program.

FF Temporary Assistance for Needy Families CFDA93.558

($5,200,000) ($5,200,000)

252.100-Workforce Development

Appropriation (HB 119)

The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development.

TOTAL STATE FUNDS

$7,446,949

$7,468,264

$7,603,841

$7,603,841

State General Funds

$7,446,949

$7,468,264

$7,603,841

$7,603,841

TOTAL FEDERAL FUNDS

$122,790,096 $122,790,096 $122,790,096 $122,790,096

Federal Funds Not Itemized

$122,790,096 $122,790,096 $122,790,096 $122,790,096

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$5,200,000

$5,200,000

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

$135,437,045 $135,458,360 $130,393,937 $130,393,937

Section 32: Law, Department of

Section Total - Continuation

FRIDAY, APRIL 3, 2009

5953

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

$19,650,981 $19,650,981
$24,817 $23,817
$1,000 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $56,477,221

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

$17,271,353 $17,370,758

$17,271,353 $17,370,758

$24,817

$24,817

$23,817

$23,817

$1,000

$1,000

$36,801,423 $36,801,423

$36,801,423 $36,801,423

$54,097,593 $54,196,998

$18,008,924 $18,008,924
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $54,835,164

$18,008,924 $18,008,924
$24,817 $23,817 $1,000 $36,801,423 $36,801,423 $54,835,164

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

$19,650,981 $19,650,981
$24,817 $23,817 $23,817
$1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

$19,650,981 $19,650,981
$24,817 $23,817 $23,817 $1,000 $1,000 $36,801,423 $36,801,423 $36,801,423 $56,477,221

253.1 Defer the FY09 cost of living adjustment.

State General Funds

($247,231)

($247,231)

($247,231)

($247,231)

253.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

5954

JOURNAL OF THE HOUSE

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($738,495)

($638,166)

$0

$0

253.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$41,945

$41,945

$41,945

$41,945

253.4 Reduce funds by eliminating five vacant positions.

State General Funds

($267,258)

($267,258)

($267,258)

($267,258)

253.5 Reduce funds from personnel.

State General Funds

($802,445)

($802,445)

($802,445)

($802,445)

253.6 Reduce funds by suspending the summer internship program.

State General Funds

($35,000)

($35,000)

($35,000)

($35,000)

253.7 Reduce funds from library spending.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

253.8 Reduce funds by discontinuing a software licensing contract.

State General Funds

($40,200)

($40,200)

($40,200)

($40,200)

253.9 Reduce funds from travel.

State General Funds

($10,000)

($10,000)

($10,000)

($10,000)

253.10 Reduce funds and reflect the anticipated change in the hospital acquisition statute requiring payment of valuation studies by the department.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

253.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($175,944)

($175,944)

($175,944)

($175,944)

253.12 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($924)

($924)

($924)

253.99

CC: The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in which the state of Georgia is involved. Senate: The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in which the state of Georgia is involved.

State General Funds 253.100-Law, Department of

$0

$0

Appropriation (HB 119)

FRIDAY, APRIL 3, 2009

5955

The purpose of this appropriation is to serve as the attorney and legal advisor for all state agencies, departments, authorities, and the Governor; to provide

binding opinions on legal questions concerning the state of Georgia and its agencies; and to prepare all contracts and agreements regarding any matter in

which the state of Georgia is involved.

TOTAL STATE FUNDS

$17,271,353 $17,370,758 $18,008,924 $18,008,924

State General Funds

$17,271,353 $17,370,758 $18,008,924 $18,008,924

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

$54,097,593 $54,196,998 $54,835,164 $54,835,164

Section 33: Natural Resources, 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 Royalties and Rents Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$130,877,057 $130,877,057 $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
$303,875,765

$130,877,057 $130,877,057 $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
$303,875,765

$130,877,057 $130,877,057 $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
$303,875,765

$130,877,057 $130,877,057 $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
$303,875,765

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

Section Total - Final

$108,265,466 $105,380,308

$108,265,466 $105,380,308

$49,146,841 $49,146,841

$49,146,841 $49,146,841

$122,969,762 $117,836,831

$4,583,045

$4,583,045

$103,913

$103,913

$2,941,137

$2,941,137

$102,739,132 $102,739,132 $49,146,841 $49,146,841 $127,082,804
$4,583,045 $103,913
$2,941,137

$102,835,328 $102,835,328 $49,146,841 $49,146,841 $122,969,762
$4,583,045 $103,913
$2,941,137

5956

JOURNAL OF THE HOUSE

Royalties and Rents Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers TOTAL PUBLIC FUNDS

$15,250 $115,326,417
$130,000 $130,000 $280,512,069

$15,250 $110,193,486
$130,000 $130,000 $272,493,980

$15,250 $119,439,459
$130,000 $130,000 $279,098,777

$15,250 $115,326,417
$130,000 $130,000 $275,081,931

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

$2,898,737 $2,898,737 $5,940,807 $5,940,807
$90,221 $90,221 $90,221 $8,929,765

254.1 Defer the FY09 cost of living adjustment.

State General Funds

($22,098)

($22,098)

($22,098)

($22,098)

254.2 Defer 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)

($11,991)

($11,991)

254.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($56,974)

($49,234)

$0

$0

254.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$3,578

$3,578

$3,578

$3,578

254.5 Reduce funds from operations.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

254.6 Eliminate funds received in HB95 (FY08G) for sunken vessel removal.

State General Funds

($180,000)

($180,000)

($180,000)

($180,000)

254.7 Reduce funds designated for vehicle purchases.

FRIDAY, APRIL 3, 2009

5957

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

254.8 Reduce funds from artificial reef construction. (H:Reflect reduction presented in agency's request)

State General Funds

($49,271)

($75,549)

($75,549)

($75,549)

254.9 Reduce funds from buoy repair and maintenance.

State General Funds

($7,305)

($7,305)

($7,305)

($7,305)

254.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($12,966)

($12,966)

($12,966)

($12,966)

254.11 Reduce funds by eliminating two vacant positions.

State General Funds

($95,235)

($95,235)

($95,235)

254.99

CC: The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs. Senate: The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs.

State General Funds

$0

$0

254.100-Coastal Resources

Appropriation (HB 119)

The purpose of this appropriation is to preserve the natural, environmental, historic, archaeological, and recreational resources of the state's coastal zone by

balancing economic development with resource preservation and improvement by assessing and restoring coastal wetlands, by regulating development within

the coastal zone, by promulgating and enforcing rules and regulations to protect the coastal wetlands, by monitoring the population status of commercially and

recreationally fished species and developing fishery management plans, by providing fishing education, and by constructing and maintaining artificial reefs.

TOTAL STATE FUNDS

$2,521,710

$2,407,937

$2,457,171

$2,457,171

State General Funds

$2,521,710

$2,407,937

$2,457,171

$2,457,171

TOTAL FEDERAL FUNDS

$5,940,807

$5,940,807

$5,940,807

$5,940,807

Federal Funds Not Itemized

$5,940,807

$5,940,807

$5,940,807

$5,940,807

TOTAL AGENCY FUNDS

$90,221

$90,221

$90,221

$90,221

Sales and Services

$90,221

$90,221

$90,221

$90,221

Sales and Services Not Itemized

$90,221

$90,221

$90,221

$90,221

TOTAL PUBLIC FUNDS

$8,552,738

$8,438,965

$8,488,199

$8,488,199

Departmental Administration

Continuation Budget

The purpose of this appropriation is to provide administrative support for all programs of the department.

5958

JOURNAL OF THE HOUSE

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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

$10,959,652 $10,959,652
$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,707,301

255.1 Defer the FY09 cost of living adjustment.

State General Funds

($85,628)

($85,628)

($85,628)

($85,628)

255.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($30,287)

($30,287)

($30,287)

($30,287)

255.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($220,769)

($190,776)

$0

$0

255.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,133,190

$1,133,190

$1,133,190

$1,133,190

255.5 Reduce funds from operations.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

255.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($59,209)

($59,209)

($59,209)

($59,209)

255.7 Reduce funds by eliminating vacant positions.

State General Funds

($301,000)

($382,000)

($500,000)

255.8 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($11,954)

($11,954)

($11,954)

255.100-Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for all programs of the department.

TOTAL STATE FUNDS

$11,496,949 $11,213,988 $11,323,764

State General Funds

$11,496,949 $11,213,988 $11,323,764

$11,205,764 $11,205,764

FRIDAY, APRIL 3, 2009

5959

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $12,244,598

$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,961,637

$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $12,071,413

$174,383 $174,383 $573,266 $161,636 $161,636 $411,630 $411,630 $11,953,413

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

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

$32,372,077 $32,372,077 $23,517,774 $23,517,774 $66,713,023 $66,713,023 $66,713,023 $122,602,874

256.1 Defer the FY09 cost of living adjustment.

State General Funds

($343,070)

($343,070)

($343,070)

($343,070)

256.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($7,885)

($7,885)

($7,885)

($7,885)

256.3 Defer salary adjustments for critical jobs.

State General Funds

($120,167)

($120,167)

($120,167)

($120,167)

256.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($884,895)

($764,676)

$0

$0

256.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$191,624

$191,624

$191,624

$191,624

256.6 Reduce funds by eliminating eighteen vacant positions.

State General Funds

($868,424)

($868,424)

($868,424)

($868,424)

5960

JOURNAL OF THE HOUSE

256.7 Reduce funds from operations.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

256.8 Reduce funds for advertising from the Clean Air Campaign contract.

State General Funds

($180,000)

($180,000)

($180,000)

($180,000)

256.9 Reduce funds from the Emergency Response Network and eliminate two vacant positions.

State General Funds

($347,064)

($347,064)

($347,064)

($347,064)

256.10 Reduce funds for two land protection positions and fund with existing agency funds. (H:Provide funds for one environmental engineer and one geologist to maintain full staff for permitting)

State General Funds

($179,000)

$0

($179,000)

($179,000)

256.11 Reduce funds from water quality testing contracts by using the Environmental Protection Division laboratory.

State General Funds

($235,400)

($235,400)

($235,400)

($235,400)

256.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($148,838)

($148,838)

($148,838)

($148,838)

256.13 Reduce funds from travel.

State General Funds

($200,000)

$0

($200,000)

256.14 Reduce funds provided in HB990 (FY09G) to assist the Metropolitan North Georgia Water Planning District with updating plans.

State General Funds

($100,000)

($100,000)

256.99

CC: The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used. Senate: The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by regulating the amount of water used.

FRIDAY, APRIL 3, 2009

5961

State General Funds

$0

$0

256.100-Environmental Protection

Appropriation (HB 119)

The purpose of this appropriation is to protect the quality of Georgia's air by controlling, monitoring and regulating pollution from large, small, mobile, and

area sources (including pollution from motor vehicle emissions) by performing ambient air monitoring, and by participating in the Clean Air Campaign; to

protect Georgia's land by permitting, managing, and planning for solid waste facilities, by implementing waste reduction strategies, by administering the Solid

Waste Trust Fund and the Underground Storage Tank program, by cleaning up scrap tire piles, and by permitting and regulating surface mining operations; to

protect Georgia and its citizens from hazardous materials by investigating and remediating hazardous sites, and by utilizing the Hazardous Waste Trust Fund to

manage the state's hazardous sites inventory, to oversee site cleanup and brownfield remediation, to remediate abandoned sites, to respond to environmental

emergencies, and to monitor and regulate the hazardous materials industry in Georgia. The purpose of this appropriation is also to ensure the quality and

quantity of Georgia's water supplies by managing floodplains, by ensuring the safety of dams, by monitoring, regulating, and certifying water quality, and by

regulating the amount of water used.

TOTAL STATE FUNDS

$29,048,958 $29,148,177 $29,833,853 $29,633,853

State General Funds

$29,048,958 $29,148,177 $29,833,853 $29,633,853

TOTAL FEDERAL FUNDS

$23,517,774 $23,517,774 $23,517,774 $23,517,774

Federal Funds Not Itemized

$23,517,774 $23,517,774 $23,517,774 $23,517,774

TOTAL AGENCY FUNDS

$66,713,023 $66,713,023 $66,713,023 $66,713,023

Sales and Services

$66,713,023 $66,713,023 $66,713,023 $66,713,023

Sales and Services Not Itemized

$66,713,023 $66,713,023 $66,713,023 $66,713,023

TOTAL PUBLIC FUNDS

$119,279,755 $119,378,974 $120,064,650 $119,864,650

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

$7,600,000 $7,600,000 $7,600,000

257.1 Reduce unobligated funds.

State General Funds

($858,000)

($858,000)

($858,000)

($858,000)

257.2 Reduce funds by eliminating three vacant environmental engineer positions.

State General Funds

($186,018)

($186,018)

($186,018)

($186,018)

257.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($33,883)

($33,883)

($33,883)

($33,883)

257.4 Reduce funds from operations. (CC:Reduce funds from operations and continue to fund grants to local governments)

State General Funds

($3,325,000) ($3,325,000)

257.99 CC: The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet cost-sharing requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection Division, and to reimburse local governments for landfill remediation.

5962

JOURNAL OF THE HOUSE

Senate: The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet the ten percent cost-sharing requirements for Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection Division, and to reimburse local governments for landfill remediation.

State General Funds

$0

$0

257.100-Hazardous Waste Trust Fund

Appropriation (HB 119)

The purpose of this appropriation is to fund investigations and cleanup of abandoned landfills and other hazardous sites, to meet cost-sharing requirements for

Superfund sites identified by the US Environmental Protection Agency, to fund related operations and oversight positions within the Environmental Protection

Division, and to reimburse local governments for landfill remediation.

TOTAL STATE FUNDS

$6,522,099

$6,522,099

$3,197,099

$3,197,099

State General Funds

$6,522,099

$6,522,099

$3,197,099

$3,197,099

TOTAL PUBLIC FUNDS

$6,522,099

$6,522,099

$3,197,099

$3,197,099

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

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

$2,176,447 $2,176,447 $1,007,287 $1,007,287 $3,183,734

258.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,990)

($17,990)

($17,990)

($17,990)

258.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($46,382)

($40,081)

$0

$0

258.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$36,670

$36,670

$36,670

$36,670

258.4 Reduce funds from the certified local government coordinator contract.

State General Funds

($42,000)

($42,000)

($42,000)

($42,000)

258.5 Reduce funds and defer the Georgia Heritage Grants.

State General Funds

($129,276)

($129,276)

($129,276)

($129,276)

258.6 Reduce funds from Regional Development Centers' Historic Preservation Planners.

FRIDAY, APRIL 3, 2009

5963

State General Funds

($32,643)

$0

$0

$0

258.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($9,943)

($9,943)

($9,943)

($9,943)

258.8 Reduce funds from operations. (S and CC:Restore funds for archeology)

State General Funds

($279,195)

($179,195)

($179,195)

258.9 Reduce funds by eliminating two vacant positions.

State General Funds

($100,000)

$0

258.99

CC: The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research. Senate: The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research.

State General Funds

$0

$0

258.100-Historic Preservation

Appropriation (HB 119)

The purpose of this appropriation is to identify, protect and preserve Georgia's historical sites by administering historic preservation grants, by cataloging all

historic resources statewide, by providing research and planning required to list a site on the state and national historic registries, by working with building

owners to ensure that renovation plans comply with historic preservation standards, and by executing and sponsoring archaeological research.

TOTAL STATE FUNDS

$1,934,883

$1,694,632

$1,734,713

$1,834,713

State General Funds

$1,934,883

$1,694,632

$1,734,713

$1,834,713

TOTAL FEDERAL FUNDS

$1,007,287

$1,007,287

$1,007,287

$1,007,287

Federal Funds Not Itemized

$1,007,287

$1,007,287

$1,007,287

$1,007,287

TOTAL PUBLIC FUNDS

$2,942,170

$2,701,919

$2,742,000

$2,842,000

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

$519,421 $519,421 $519,421

$519,421 $519,421 $519,421

$519,421 $519,421 $519,421

$519,421 $519,421 $519,421

259.1 Defer the FY09 cost of living adjustment. State General Funds

($4,513)

($4,513)

($4,513)

($4,513)

5964

JOURNAL OF THE HOUSE

259.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($11,638)

($10,057)

$0

$0

259.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$8,653

$8,653

$8,653

$8,653

259.4 Reduce funds from personnel.

State General Funds

($97,793)

($97,793)

($97,793)

259.99

CC: The purpose of this appropriation is to oversee the acquisition of land and the management of leases for recreational and conservation purposes and to validate land upon which the state holds an easement remains in the required condition. Senate: The purpose of this appropriation is to oversee the acquisition of land and the management of leases for recreational and conservation purposes and to validate that land upon which the state holds an easement remains in the required condition.

State General Funds

$0

$0

259.100-Land Conservation

Appropriation (HB 119)

The purpose of this appropriation is to oversee the acquisition of land and the management of leases for recreational and conservation purposes and to validate

land upon which the state holds an easement remains in the required condition.

TOTAL STATE FUNDS

$511,923

$415,711

$425,768

$425,768

State General Funds

$511,923

$415,711

$425,768

$425,768

TOTAL PUBLIC FUNDS

$511,923

$415,711

$425,768

$425,768

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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$27,435,429 $27,435,429 $1,704,029 $1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000

$27,435,429 $27,435,429 $1,704,029
$1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000

$27,435,429 $27,435,429
$1,704,029 $1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000

$27,435,429 $27,435,429 $1,704,029
$1,704,029 $41,255,239
$300,000 $300,000 $2,941,137 $2,941,137 $38,014,102 $38,014,102
$30,000

FRIDAY, APRIL 3, 2009

5965

Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$30,000 $30,000 $70,424,697

$30,000 $30,000 $70,424,697

$30,000 $30,000 $70,424,697

$30,000 $30,000 $70,424,697

260.1 Defer the FY09 cost of living adjustment.

State General Funds

($227,227)

($227,227)

($227,227)

($227,227)

260.2 Defer salary adjustments for critical jobs.

State General Funds

($21,442)

($21,442)

($21,442)

($21,442)

260.3

Defer 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, 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) ($1,537,636) ($1,537,636)

260.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($585,844)

($506,253)

$0

$0

260.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$27,429

$27,429

$27,429

$27,429

260.6 Reduce funds received in HB990 (FY09G) for the survey of High Falls State Park. (H:Provide partial funding)

State General Funds

($148,000)

($74,000)

($74,000)

($74,000)

260.7 Reduce funds received in HB990 (FY09G) to build public recreation facilities and a boat ramp at Bear Creek Reservoir.

State General Funds

($125,000)

($125,000)

($125,000)

($125,000)

260.8 Reduce funds received in HB990 (FY09G) to control aquatic vegetation at Little Ocmulgee State Park.

State General Funds

($25,000)

$0

($25,000)

($25,000)

260.9 Reduce funds from repairs and maintenance.

State General Funds

($3,000,000) ($3,000,000) ($3,000,000) ($3,000,000)

260.10 Reduce funds for two management and support positions and fund with existing agency funds.

State General Funds

($68,000)

($68,000)

($68,000)

($68,000)

260.11 Reduce funds by eliminating one vacant position and closing the Bo Ginn Aquarium.

State General Funds

($51,000)

($51,000)

($51,000)

($51,000)

5966

JOURNAL OF THE HOUSE

260.12 Reduce funds by eliminating five positions and closing the Historic Site Region Office.

State General Funds

($526,481)

($526,481)

($526,481)

($526,481)

260.13 Reduce funds and suspend operations at eight swimming pools. (H and S:Due to new federal regulations on drains, temporarily suspend operations and pursue opportunities with local communities to retrofit drains)

State General Funds

($124,000)

($143,000)

($143,000)

($143,000)

260.14 Reduce funds from the Lodge Region Office and eliminate one position. (H:Pursue private or local community management)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($350,000) ($1,501,806)

$0

$0

($2,104,028)

$0

$0

($3,605,834)

$0

$0

260.15 Eliminate funds for golf course operations and the golf course region office by the end of the first quarter of FY10. (H:Reflect additional reduction and aggressively pursue private or local community management)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($1,493,199) ($2,008,734)

$0

$0

($2,025,709)

$0

$0

($4,034,443)

$0

$0

260.16 Reduce funds and defer opening the Suwanee River Eco-Lodge.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($175,000) ($165,000) ($340,000)

($175,000) ($165,000) ($340,000)

($175,000) ($165,000) ($340,000)

($175,000) ($165,000) ($340,000)

260.17 Reduce funds from appraisal contracts.

State General Funds

($76,000)

($76,000)

($76,000)

($76,000)

260.18 Reduce funds designated for vehicle purchases.

State General Funds

($406,798)

($406,798)

($406,798)

($406,798)

260.19 Reduce funds to reflect the revised revenue estimate.

State General Funds

($94,360)

($94,360)

($94,360)

($94,360)

260.20 Reduce funds from the George T. Bagby lodge and golf course and Little Ocmulgee lodge and golf course by contracting with local communities.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($602,502)

$0

$0

($1,003,194)

$0

$0

($1,605,696)

$0

$0

260.21 Reduce funds from operations. (CC:Pursue a strategy of self-sufficiency for all golf course, lodge, and park operations)

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($4,113,042) $4,113,042
$0

($4,113,042) $0
($4,113,042)

260.99 CC: The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites. Senate: The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and

FRIDAY, APRIL 3, 2009

5967

historic sites.

State General Funds

$0

$0

260.100-Parks, Recreation and Historic Sites

Appropriation (HB 119)

The purpose of this appropriation is to manage, operate, market, and maintain the state's golf courses, parks, lodges, conference centers, and historic sites.

TOTAL STATE FUNDS

$18,427,871 $16,317,619 $16,798,872 $16,798,872

State General Funds

$18,427,871 $16,317,619 $16,798,872 $16,798,872

TOTAL FEDERAL FUNDS

$1,704,029

$1,704,029

$1,704,029

$1,704,029

Federal Funds Not Itemized

$1,704,029

$1,704,029

$1,704,029

$1,704,029

TOTAL AGENCY FUNDS

$41,090,239 $35,957,308 $45,203,281 $41,090,239

Contributions, Donations, and Forfeitures

$300,000

$300,000

$300,000

$300,000

Contributions, Donations, and Forfeitures Not Itemized

$300,000

$300,000

$300,000

$300,000

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

$37,849,102 $32,716,171 $41,962,144 $37,849,102

Sales and Services Not Itemized

$37,849,102 $32,716,171 $41,962,144 $37,849,102

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$30,000

$30,000

$30,000

$30,000

Agency Funds Transfers

$30,000

$30,000

$30,000

$30,000

Agency Fund Transfers Not Itemized

$30,000

$30,000

$30,000

$30,000

TOTAL PUBLIC FUNDS

$61,252,139 $54,008,956 $63,736,182 $59,623,140

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 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

$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

$0 $0 $96,580 $96,580 $115,313 $103,913 $103,913 $11,400 $11,400 $211,893

261.99

CC: The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses, manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote resource conservation and to encourage by-product reuse and recycling. Senate: The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses, manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote

5968

JOURNAL OF THE HOUSE

resource conservation and to encourage by-product reuse and recycling.

State General Funds

$0

$0

261.100-Pollution Prevention Assistance

Appropriation (HB 119)

The purpose of this appropriation is to promote sustainability and conserve Georgia's natural resources by providing non-regulatory assistance to businesses,

manufacturers, government agencies, and farmers in order to reduce solid waste, to reduce land and water pollution, to promote resource conservation and to

encourage by-product reuse and recycling.

TOTAL FEDERAL FUNDS

$96,580

$96,580

$96,580

$96,580

Federal Funds Not Itemized

$96,580

$96,580

$96,580

$96,580

TOTAL AGENCY FUNDS

$115,313

$115,313

$115,313

$115,313

Reserved Fund Balances

$103,913

$103,913

$103,913

$103,913

Reserved Fund Balances Not Itemized

$103,913

$103,913

$103,913

$103,913

Sales and Services

$11,400

$11,400

$11,400

$11,400

Sales and Services Not Itemized

$11,400

$11,400

$11,400

$11,400

TOTAL PUBLIC FUNDS

$211,893

$211,893

$211,893

$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

$6,000,000 $6,000,000 $6,000,000

262.1 Reduce unobligated funds.

State General Funds

($3,092,862) ($3,092,862) ($3,092,862) ($3,092,862)

262.2 Reduce funds from operations. (CC:Reduce funds from Environmental Protection Division operations and use remaining funds for solid waste planning and reduction initiatives by the Department of Community Affairs, scrap tire cleanups, and emergency reserves)

State General Funds

($1,500,000) ($1,500,000)

262.99

CC: The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs. Senate: The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling and waste reduction programs.

State General Funds

$0

$0

262.100-Solid Waste Trust Fund

Appropriation (HB 119)

FRIDAY, APRIL 3, 2009

5969

The purpose of this appropriation is to fund the administration of the Scrap Tire Management Program; to enable emergency, preventative, and corrective

actions at solid waste disposal facilities; to assist local governments with the development of solid waste management plans; and to promote statewide recycling

and waste reduction programs.

TOTAL STATE FUNDS

$2,907,138

$2,907,138

$1,407,138

$1,407,138

State General Funds

$2,907,138

$2,907,138

$1,407,138

$1,407,138

TOTAL PUBLIC FUNDS

$2,907,138

$2,907,138

$1,407,138

$1,407,138

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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized
TOTAL PUBLIC FUNDS

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700
$4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433

$37,516,647 $37,516,647 $17,293,086 $17,293,086 $14,387,700 $4,121,409 $4,121,409
$15,250 $15,250 $10,251,041 $10,251,041 $100,000 $100,000 $100,000 $69,297,433

263.1 Defer the FY09 cost of living adjustment.

State General Funds

($332,523)

($332,523)

($332,523)

($332,523)

263.2

Defer 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) ($1,411,373) ($1,411,373)

263.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

5970

JOURNAL OF THE HOUSE

State General Funds

($857,319)

($740,846)

$0

$0

263.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$22,660

$22,660

$22,660

$22,660

263.5 Reduce funds received in HB990 (FY09G) to construct a campground and trail at the Berry College Wildlife Management Area (WMA).

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

263.6 Reduce funds by eliminating ten vacant law enforcement positions funded in HB990 (FY09G).

State General Funds

($450,000)

($450,000)

($450,000)

($450,000)

263.7 Reduce funds due to outsourcing of License and Boat Registration Unit functions and eliminating seven related positions.

State General Funds

($269,107)

($269,107)

($269,107)

($269,107)

263.8 Reduce funds designated for vehicle purchases.

State General Funds

($138,407)

($138,407)

($138,407)

($138,407)

263.9 Reduce funds by eliminating one vacant position for the Lake Burton cold-water hatchery.

State General Funds

($47,896)

($47,896)

($47,896)

($47,896)

263.10 Reduce funds from the Bobwhite Quail Initiative and replace with receipts from license plate sales.

State General Funds

($538,163)

($538,163)

($538,163)

($538,163)

263.11 Reduce funds due to reductions in acres leased as a result of nearby state land acquisitions. (H and CC:Decrease the initial acreage to be reduced to provide for continued access for hunting and fishing)

State General Funds

($106,134)

$0

($106,134)

$0

263.12 Reduce funds and return select WMAs operated on federal lands to federal management. (H and CC:Decrease the initial acreage to be reduced to provide for continued access for hunting and fishing)

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($391,403) ($587,105) ($978,508)

($170,537) ($587,105) ($757,642)

($391,403) ($587,105) ($978,508)

($170,537) ($587,105) ($757,642)

263.13 Reduce funds from the Charlie Elliott Wildlife Center.

State General Funds

($49,719)

($49,719)

($49,719)

($49,719)

263.14 Reduce funds by eliminating ten vacant conservation ranger positions.

State General Funds

($478,960)

($478,960)

($478,960)

($478,960)

263.15 Reduce funds from contracts.

State General Funds

($68,000)

($68,000)

($68,000)

($68,000)

263.16 Reduce funds from operations.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

263.17 Reduce funds to reflect the revised revenue estimate.

State General Funds

($165,219)

($165,219)

($165,219)

($165,219)

FRIDAY, APRIL 3, 2009

5971

263.18 Reduce funds for flathead catfish management. (S:Shift focus of project to certify private citizens to eradicate flathead catfish)(CC:Investigate the option of certifying private citizens to eradicate flathead catfish)

State General Funds

($200,000)

($100,000)

($100,000)

263.19 Reduce funds received in HB85 (FY06G) and eliminate the vacant deadhead logger position.

State General Funds

($50,000)

($50,000)

($50,000)

263.99

CC: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. Senate: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters.

State General Funds

$0

$0

263.100-Wildlife Resources

Appropriation (HB 119)

The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect

non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the

state's archery and shooting ranges; and to license hunters, anglers, and boaters.

TOTAL STATE FUNDS

$32,190,084 $32,383,557 $32,897,403 $33,224,403

State General Funds

$32,190,084 $32,383,557 $32,897,403 $33,224,403

TOTAL FEDERAL FUNDS

$16,705,981 $16,705,981 $16,705,981 $16,705,981

Federal Funds Not Itemized

$16,705,981 $16,705,981 $16,705,981 $16,705,981

TOTAL AGENCY FUNDS

$14,387,700 $14,387,700 $14,387,700 $14,387,700

Contributions, Donations, and Forfeitures

$4,121,409

$4,121,409

$4,121,409

$4,121,409

Contributions, Donations, and Forfeitures Not Itemized

$4,121,409

$4,121,409

$4,121,409

$4,121,409

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

$10,251,041 $10,251,041 $10,251,041 $10,251,041

Sales and Services Not Itemized

$10,251,041 $10,251,041 $10,251,041 $10,251,041

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$100,000

$100,000

$100,000

$100,000

Agency Funds Transfers

$100,000

$100,000

$100,000

$100,000

Agency Fund Transfers Not Itemized

$100,000

$100,000

$100,000

$100,000

TOTAL PUBLIC FUNDS

$63,383,765 $63,577,238 $64,091,084 $64,418,084

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.

5972

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,802,507 $1,802,507 $1,802,507

$1,802,507 $1,802,507 $1,802,507

$1,802,507 $1,802,507 $1,802,507

$1,802,507 $1,802,507 $1,802,507

264.1 Defer the FY09 cost of living adjustment.

State General Funds

($25,535)

($25,535)

($25,535)

($25,535)

264.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($35,057)

($30,294)

$0

$0

264.3 Reduce funds from operations.

State General Funds

($172,952)

($172,952)

($172,952)

($172,952)

264.4 Reduce funds received in HB990 (FY09G) to assist the Laurens County Agriculture and Exposition Center.

State General Funds

($25,000)

($25,000)

($25,000)

($25,000)

264.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,316)

($15,316)

($15,316)

($15,316)

264.99 CC: The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events. Senate: The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events.

State General Funds

$0

$0

264.100-Payments to Georgia Agricultural Exposition Authority

Appropriation (HB 119)

The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events.

TOTAL STATE FUNDS

$1,528,647

$1,533,410

$1,563,704

$1,563,704

State General Funds

$1,528,647

$1,533,410

$1,563,704

$1,563,704

TOTAL PUBLIC FUNDS

$1,528,647

$1,533,410

$1,563,704

$1,563,704

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

$1,124,176 $1,124,176 $1,124,176

$1,124,176 $1,124,176 $1,124,176

$1,124,176 $1,124,176 $1,124,176

$1,124,176 $1,124,176 $1,124,176

FRIDAY, APRIL 3, 2009

5973

265.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,168)

($8,168)

($8,168)

($8,168)

265.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($45,372)

($39,208)

$0

$0

265.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($54)

($54)

($54)

($54)

265.4 Reduce funds from operations.

State General Funds

($109,888)

($109,888)

($109,888)

($109,888)

265.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($9,889)

($9,889)

($9,889)

($9,889)

265.6 Reduce funds received in HB95 (FY08G) for operations.

State General Funds

($155,000)

($155,000)

($155,000)

265.7 Reduce funds received for repairs and maintenance in HB1027 (FY07G).

State General Funds

($32,820)

($32,820)

($32,820)

265.8 Reduce funds from personnel received in HB990 (FY09G).

State General Funds

($33,109)

($33,109)

($33,109)

265.99

CC: The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material on the culture of Georgia's agriculture and rural history and to present agriculture and rural history to the general public and school groups. Senate: The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material on the culture of Georgia's agriculture and rural history and to present agriculture and rural history to the general public and school groups.

State General Funds

$0

$0

265.100-Payments to Georgia Agrirama Development Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide operating funds for and to collect, display, and preserve material on the culture of Georgia's agriculture and

rural history and to present agriculture and rural history to the general public and school groups.

TOTAL STATE FUNDS

$950,805

$736,040

$775,248

$775,248

State General Funds

$950,805

$736,040

$775,248

$775,248

TOTAL PUBLIC FUNDS

$950,805

$736,040

$775,248

$775,248

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.

5974

JOURNAL OF THE HOUSE

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

266.1 Eliminate funds. (H and S:Reduce funds by 25%) State General Funds

($100,000)

($25,000)

($25,000)

($25,000)

266.100-Payments to Lake Allatoona Preservation Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide operating funds for and to the Lake Allatoona Preservation Authority.

TOTAL STATE FUNDS

$75,000

State General Funds

$75,000

TOTAL PUBLIC FUNDS

$75,000

$75,000 $75,000 $75,000

$75,000 $75,000 $75,000

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

267.1 Reduce funds from operations. (H:Eliminate remaining state funds)

State General Funds

($37,196)

($261,595)

($37,196)

($50,000)

267.2 Reduce funds from operations and utilize existing agency funds.

State General Funds

($108,102)

($108,102)

($108,102)

($108,102)

267.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($2,267)

($2,267)

($2,267)

($2,267)

267.99

CC: The purpose of this appropriation is to provide funds for the operation, maintenance, and capital improvements for a rail passenger excursion project in Crisp and Sumter counties located in Southwest Georgia. Senate: The purpose of this appropriation is to provide funds for the operation, maintenance, and capital improvements for a rail passenger excursion project in an effort to generate economic stimulus in two Tier 1 counties (Crisp and Sumter) located in Southwest Georgia.

State General Funds

$0

$0

267.100-Payments to Southwest Georgia Railroad Excursion Authority

Appropriation (HB 119)

The purpose of this appropriation is to provide funds for the operation, maintenance, and capital improvements for a rail passenger excursion project in Crisp

and Sumter counties located in Southwest Georgia.

FRIDAY, APRIL 3, 2009

5975

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS
Georgia State Games Commission TOTAL STATE FUNDS
State General Funds

$224,399 $224,399 $224,399
Continuation Budget $0 $0

$224,399 $224,399 $224,399
$0 $0

$211,595 $211,595 $211,595
$0 $0

507.1 Increase funds.

State General Funds

$25,000

$25,000

507.99 CC: The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports. Senate: The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports.

$25,000

State General Funds

$0

$0

507.100-Georgia State Games Commission

Appropriation (HB 119)

The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports.

TOTAL STATE FUNDS

$25,000

State General Funds

$25,000

TOTAL PUBLIC FUNDS

$25,000

$25,000 $25,000 $25,000

$25,000 $25,000 $25,000

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget 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 Convention Center and Golf Course - $579,346 for 16 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 16 of 20 years; last payment being made June 15, 2014.

Section 34: Pardons and Paroles, State Board of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640

$58,439,590 $58,439,590
$806,050 $806,050 $59,245,640

Section Total - Final

5976

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$51,964,369 $51,964,369
$806,050 $806,050 $52,770,419

$52,185,773 $52,185,773
$806,050 $806,050 $52,991,823

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

$6,337,655 $6,337,655 $6,337,655

$6,337,655 $6,337,655 $6,337,655

$53,417,306 $53,417,306
$806,050 $806,050 $54,223,356
$6,337,655 $6,337,655 $6,337,655

$53,417,306 $53,417,306
$806,050 $806,050 $54,223,356
$6,337,655 $6,337,655 $6,337,655

268.1 Defer the FY09 cost of living adjustment.

State General Funds

($41,291)

($41,291)

($41,291)

($41,291)

268.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($199)

($199)

($199)

($199)

268.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($130,040)

($112,373)

$0

$0

268.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$204,101

$204,101

$204,101

$204,101

268.5 Reduce one-time funds received in HB990 (FY09G) for the Clemency Online Navigation System (CONS).

State General Funds

($479,896)

($479,896)

($479,896)

($479,896)

268.6 Reduce funds from the Training Unit by eliminating speakers at conferences, special training courses, and employee participation in the Georgia Leadership Institute.

State General Funds

($30,000)

($30,000)

($30,000)

($30,000)

268.7 Reduce funds from the Research, Evaluation, and Technology (RET) contract for hardware/software maintenance and installation services.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

268.8 Reduce funds by consolidating Lotus Notes servers and reducing the number of IT licenses required.

State General Funds

($16,841)

($16,841)

($16,841)

($16,841)

268.9 Reduce funds from operations.

State General Funds

($75,000)

($75,000)

($75,000)

($75,000)

FRIDAY, APRIL 3, 2009

5977

268.10 Reduce funds by eliminating one vacant position in Human Resources. State General Funds 268.11 Reduce funds to reflect the revised revenue estimate. State General Funds 268.12 Reduce merit system assessments from $147 to $137 per position. State General Funds

($74,682) ($56,786)

($74,682) ($56,786) ($11,516)

($74,682) ($56,786)
($607)

($74,682) ($56,786)
($607)

268.100-Board Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support for the agency.

TOTAL STATE FUNDS

$5,597,021

$5,603,172

$5,726,454

State General Funds

$5,597,021

$5,603,172

$5,726,454

TOTAL PUBLIC FUNDS

$5,597,021

$5,603,172

$5,726,454

$5,726,454 $5,726,454 $5,726,454

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

$11,247,418 $11,247,418 $11,247,418

$11,247,418 $11,247,418 $11,247,418

$11,247,418 $11,247,418 $11,247,418

$11,247,418 $11,247,418 $11,247,418

269.1 Defer the FY09 cost of living adjustment.

State General Funds

($120,359)

($120,359)

($120,359)

($120,359)

269.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($581)

($581)

($581)

($581)

269.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($378,016)

($326,660)

$0

$0

269.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$50,552

$50,552

$50,552

$50,552

269.5 Reduce funds from telecommunications.

State General Funds

($21,858)

($21,858)

($21,858)

($21,858)

269.6 Reduce funds by eliminating two positions in the Investigations Unit.

State General Funds

($54,000)

($54,000)

($54,000)

($54,000)

5978

JOURNAL OF THE HOUSE

269.7 Reduce funds by eliminating three vacant data transcriber positions.

State General Funds

($84,000)

($84,000)

($84,000)

($84,000)

269.8 Reduce funds and eliminate travel to support victims' day and regional visitors' day programs.

State General Funds

($17,425)

($17,425)

($17,425)

($17,425)

269.9 Reduce funds by restructuring a position in legal services.

State General Funds

($48,000)

($48,000)

($48,000)

($48,000)

269.10 Eliminate funds for scanner operator upgrades for the Clemency Online Navigation System (CONS).

State General Funds

($59,000)

($59,000)

($59,000)

($59,000)

269.11 Transfer funds to the Parole Supervision program for pre-parole investigations.

State General Funds

($3,894,213) ($3,894,213) ($3,894,213) ($3,894,213)

269.12 Reduce funds to reflect the revised revenue estimate.

State General Funds

($66,925)

($66,925)

($66,925)

($66,925)

269.13 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($13,493)

($13,493)

269.99

CC: The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole, investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program. Senate: The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole, investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program.

State General Funds

$0

$0

269.100-Clemency Decisions

Appropriation (HB 119)

The purpose of this appropriation is to collect data on offenders within the correctional system, make determinations regarding offender eligibility for parole,

investigate allegations of employee misconduct, manage the agency's public relations efforts, and administer the Re-Entry Partnership Housing Program.

TOTAL STATE FUNDS

$6,553,593

$6,604,949

$6,918,116

$6,918,116

State General Funds

$6,553,593

$6,604,949

$6,918,116

$6,918,116

TOTAL PUBLIC FUNDS

$6,553,593

$6,604,949

$6,918,116

$6,918,116

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 FEDERAL FUNDS

$40,293,558 $40,293,558
$806,050

$40,293,558 $40,293,558
$806,050

$40,293,558 $40,293,558
$806,050

$40,293,558 $40,293,558
$806,050

FRIDAY, APRIL 3, 2009

5979

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$806,050 $41,099,608

$806,050 $41,099,608

$806,050 $41,099,608

$806,050 $41,099,608

270.1 Defer the FY09 cost of living adjustment.

State General Funds

($385,064)

($385,064)

($385,064)

($385,064)

270.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($1,860)

($1,860)

($1,860)

($1,860)

270.3 Defer the special pay raise for parole officers, assistant chief parole officers, and chief/regional directors (manager II) to address retention and compression issues.

State General Funds

($1,288,218) ($1,288,218) ($1,288,218) ($1,288,218)

270.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($1,191,190) ($1,029,359)

$0

$0

270.5 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$275,716

$275,716

$275,716

$275,716

270.6 Reduce funds from equipment.

State General Funds

($7,978)

($7,978)

($7,978)

($7,978)

270.7 Reduce funds from parolee health services.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

270.8 Reduce funds from the Command College by utilizing asset forfeiture funds.

State General Funds

($9,150)

($9,150)

($9,150)

($9,150)

270.9 Reduce funds from the annual Parole Training Conference.

State General Funds

($86,707)

($86,707)

($86,707)

($86,707)

270.10 Reduce funds by eliminating eighteen vacant parole officer positions.

State General Funds

($777,880)

($777,880)

($777,880)

($777,880)

270.11 Reduce funds from the Atlanta Parole Reporting Center.

State General Funds

($92,415)

($92,415)

($92,415)

($92,415)

270.12 Reduce funds due to savings realized from GTA pricing reductions and the regulation of phone services.

State General Funds

($92,400)

($92,400)

($92,400)

($92,400)

270.13 Reduce funds and central office staff travel for town hall events that solicit partnerships and resources from the faith based community to assist with offender reentry and successful reintegration.

5980

JOURNAL OF THE HOUSE

State General Funds

($8,400)

($8,400)

($8,400)

($8,400)

270.14 Transfer funds from the Clemency Decisions for pre-parole investigations.

State General Funds

$3,894,213

$3,894,213

$3,894,213

$3,894,213

270.15 Eliminate funds for the Residential Substance Abuse Treatment program.

State General Funds

($721,000)

($721,000)

($721,000)

($721,000)

270.16 Reduce funds to reflect the revised revenue estimate.

State General Funds

($400,080)

($400,080)

($400,080)

($400,080)

270.17 Transfer funds from the Clemency Decisions program for merit system assessments.

State General Funds

$2,791

$2,791

270.18 Reduce funds by charging parolees for Global Positioning System (GPS) monitoring. (CC:Reduce funds from contracts)

State General Funds

($250,000)

($250,000)

270.99

CC: The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution. Senate: The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution.

State General Funds

$0

$0

270.100-Parole Supervision

Appropriation (HB 119)

The purpose of this appropriation is to transition offenders from prison back into the community as law abiding citizens by providing drug testing, electronic

monitoring, parole supervision, and substance abuse treatment, and collecting supervision fees, victims' compensation, and restitution.

TOTAL STATE FUNDS

$39,381,145 $39,542,976 $40,325,126 $40,325,126

State General Funds

$39,381,145 $39,542,976 $40,325,126 $40,325,126

TOTAL FEDERAL FUNDS

$806,050

$806,050

$806,050

$806,050

Federal Funds Not Itemized

$806,050

$806,050

$806,050

$806,050

TOTAL PUBLIC FUNDS

$40,187,195 $40,349,026 $41,131,176 $41,131,176

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

$560,959 $560,959 $560,959

$560,959 $560,959 $560,959

$560,959 $560,959 $560,959

$560,959 $560,959 $560,959

271.1 Defer the FY09 cost of living adjustment.

FRIDAY, APRIL 3, 2009

5981

State General Funds

($5,110)

($5,110)

($5,110)

($5,110)

271.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($25)

($25)

($25)

($25)

271.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($15,207)

($13,141)

$0

$0

271.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$5,777

$5,777

$5,777

$5,777

271.5 Reduce funds and eliminate travel to support victims' days.

State General Funds

($4,000)

($4,000)

($4,000)

($4,000)

271.6 Reduce funds from contracts to hire additional staff through efficiencies in private partner agreements.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

271.7 Reduce funds by eliminating one business operations position.

State General Funds

($45,385)

($45,385)

($45,385)

($45,385)

271.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,399)

($4,399)

($4,399)

($4,399)

271.9 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($207)

($207)

271.99

CC: The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state corrections system. Senate: The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state corrections system.

State General Funds

$0

$0

271.100-Victim Services

Appropriation (HB 119)

The purpose of this appropriation is to provide notification to victims of changes in offender status or placement through the Victim Information Program, to

conduct outreach and information gathering from victims during clemency proceedings, to host victim and visitor days, and act as a liaison to victims to the state

corrections system.

5982

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$432,610 $432,610 $432,610

$434,676 $434,676 $434,676

$447,610 $447,610 $447,610

$447,610 $447,610 $447,610

Section 35: Properties Commission, State
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$1,037,739 $1,037,739 $1,037,739

$1,037,739 $1,037,739 $1,037,739

$1,037,739 $1,037,739 $1,037,739

$1,037,739 $1,037,739 $1,037,739

TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Final

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$1,037,739

$1,037,739 $1,037,739 $1,037,739

$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 $417,295 $417,295 $417,295 $417,295

$0 $0 $417,295 $417,295 $417,295 $417,295

$0 $0 $417,295 $417,295 $417,295 $417,295

$0 $0 $417,295 $417,295 $417,295 $417,295

272.98 Transfer all funds and activities to the State Properties Commission program to further support the portfolio management approach to property management.

Rental Payments

($417,295)

($417,295)

($417,295)

($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.

TOTAL STATE FUNDS State General Funds
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments
TOTAL PUBLIC FUNDS

$0 $0 $620,444 $620,444 $620,444 $620,444

$0 $0 $620,444 $620,444 $620,444 $620,444

$0 $0 $620,444 $620,444 $620,444 $620,444

$0 $0 $620,444 $620,444 $620,444 $620,444

FRIDAY, APRIL 3, 2009

5983

273.98 Transfer all funds and activities from the Leasing program to further support the portfolio management approach to property management.

Rental Payments

$417,295

$417,295

$417,295

$417,295

273.99

CC: The purpose of this appropriation is to maintain long term plans for state buildings and land; to compile an accessible database of state owned and leased real property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property acquisitions and dispositions. Senate: The purpose of this appropriation is to maintain long term plans for state buildings and land; to compile an accessible database of state owned and leased real property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property acquisitions and dispositions.

State General Funds

$0

$0

273.100-Properties Commission, State

Appropriation (HB 119)

The purpose of this appropriation is to maintain long term plans for state buildings and land; to compile an accessible database of state owned and leased real

property with information about utilization, demand management, and space standards; and to negotiate better rates in the leasing market and property

acquisitions and dispositions.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,037,739

$1,037,739

$1,037,739

$1,037,739

State Funds Transfers

$1,037,739

$1,037,739

$1,037,739

$1,037,739

Rental Payments

$1,037,739

$1,037,739

$1,037,739

$1,037,739

TOTAL PUBLIC FUNDS

$1,037,739

$1,037,739

$1,037,739

$1,037,739

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

$0

$0

$0

$0

$0

$0

$0

$0

504.1 Reduce funds ($111,579) by closing the Capitol Education Center, and realize savings through a reduction in utilities and the elimination of one position.

Rental Payments

$0

$0

$0

$0

504.2 Reduce funds ($750,387) designated for the Capitol Hill security contract due to staffing optimization, building closures, and a reduction in equipment purchases.

Rental Payments

$0

$0

$0

$0

504.3 Reduce funds ($815,704) designated for central energy plant usage and utility costs through the use of automated controls, increasing standard thermostat settings, and limited HVAC usage at closed or vacant facilities.

Rental Payments

$0

$0

$0

$0

504.4 Reduce funds ($208,277) from contracts for temporary labor, in access control systems, and other miscellaneous contracts.

Rental Payments

$0

$0

$0

$0

5984

JOURNAL OF THE HOUSE

504.5 Reduce funds ($749,445) designated for custodial contracts through the elimination of two cleaning days per week in state buildings, and transfer cleaning services at specific facilities to Georgia Building Authority (GBA) staff.

Rental Payments

$0

$0

$0

$0

504.6 Reduce funds ($161,494) from operations.

Rental Payments

$0

$0

$0

$0

504.7 Utilize savings ($2,796,886) for facility repairs capital projects.

Rental Payments

$0

$0

$0

$0

Section 36: Public Defender Standards Council, Georgia
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income
TOTAL PUBLIC FUNDS

Section Total - Continuation

$40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957

$40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957

$40,439,957 $40,439,957
$1,700,000 $1,700,000 $42,139,957

$40,439,957 $40,439,957 $1,700,000 $1,700,000 $42,139,957

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Interest and Investment Income
TOTAL PUBLIC FUNDS

Section Total - Final

$34,331,113 $41,038,315

$34,331,113 $41,038,315

$1,700,000

$1,700,000

$1,700,000

$1,700,000

$36,031,113 $42,738,315

$37,089,395 $37,089,395 $1,700,000 $1,700,000 $38,789,395

$39,789,395 $39,789,395 $1,700,000 $1,700,000 $41,489,395

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
TOTAL PUBLIC FUNDS

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

$7,156,568 $7,156,568 $1,700,000 $1,700,000 $1,700,000 $8,856,568

274.1 Defer the FY09 cost of living adjustment.

State General Funds

($75,437)

($75,437)

($75,437)

($75,437)

274.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($4,687)

($4,687)

($4,687)

($4,687)

274.3 Reduce funds by freezing vacant positions and re-organizing positions throughout the agency.

FRIDAY, APRIL 3, 2009

5985

State General Funds

($361,144)

($361,144)

($361,144)

($361,144)

274.4 Reduce funds from the central office by eliminating supply orders, renegotiating the Georgia Technology Authority contract, consolidating office space, and reducing the use of all state vehicles.

State General Funds

($400,820)

($400,820)

($400,820)

($400,820)

274.5 Reduce funds from training except for three mandatory training classes for public defenders.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

274.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($65,557)

($65,557)

($65,557)

($65,557)

274.7 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($6,860)

($6,860)

($6,860)

274.8 Increase funds for all outstanding capital case liabilities over a two-year period beginning with liabilities for Fiscal Years 2005, 2006, 2007, and 2008.

State General Funds

$1,189,691

$0

$0

274.100-Public Defender Standards Council

Appropriation (HB 119)

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

$6,048,923

$7,231,754

$6,042,063

$6,042,063

State General Funds

$6,048,923

$7,231,754

$6,042,063

$6,042,063

TOTAL AGENCY FUNDS

$1,700,000

$1,700,000

$1,700,000

$1,700,000

Interest and Investment Income

$1,700,000

$1,700,000

$1,700,000

$1,700,000

Interest and Investment Income Not Itemized

$1,700,000

$1,700,000

$1,700,000

$1,700,000

TOTAL PUBLIC FUNDS

$7,748,923

$8,931,754

$7,742,063

$7,742,063

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 PUBLIC FUNDS

$33,283,389 $33,283,389 $33,283,389

$33,283,389 $33,283,389 $33,283,389

$33,283,389 $33,283,389 $33,283,389

$33,283,389 $33,283,389 $33,283,389

275.1 Defer the FY09 cost of living adjustment.

State General Funds

($342,099)

($342,099)

($342,099)

($342,099)

275.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

5986

JOURNAL OF THE HOUSE

State General Funds

($1,208,653) ($1,044,450)

$0

$0

275.3 Reduce funds from the six circuits that opt-out of the statewide public defender system by only funding the minimum amount per position and reducing payments by 6%.

State General Funds

($289,552)

($289,552)

($289,552)

($289,552)

275.4 Reduce funds from circuit offices.

State General Funds

($682,750)

($682,750)

($682,750)

($682,750)

275.5 Reduce funds by freezing vacant positions.

State General Funds

($494,048)

($494,048)

($494,048)

($494,048)

275.6 Reduce funds from contracts in the appellate division based on anticipated need.

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

275.7 Reduce funds from Conflict Offices by closing all four locations and relocating staff to the Circuit Offices.

State General Funds

($154,000)

($154,000)

($154,000)

($154,000)

275.8 Reduce funds from conflict cases. (H and CC:Provide partial funds for FY09-FY10 conflict cases)

State General Funds

($1,333,333) $2,166,667

$0

$1,089,832

275.9 Reduce funds from conflict offices by freezing two positions.

State General Funds

($153,387)

($153,387)

($153,387)

($153,387)

275.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($283,377)

($283,377)

($283,377)

($283,377)

275.11 Increase funds for three additional Assistant Public Defenders associated with the creation of additional judgeships for the Alcovy, Atlanta, and Brunswick Judicial Circuits effective July 1, 2009 per HB1163 (2008 Session).

State General Funds

$250,000

$223,156

$223,156

275.12 Increase funds for all outstanding non-capital conflict liabilities over a two-year period beginning with liabilities for Fiscal Years 2005 ($97,228), 2006 ($317,446), 2007 ($612,151) and 2008 ($583,343). (CC:Reflect appropriation in line 275.101)

State General Funds

$1,610,168

$0

$0

275.99

CC: The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 17-12. Senate: The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 17-12. House: 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 O.C.G.A. 17-12-2. Gov Rev: 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 O.C.G.A. 17-12-2.

FRIDAY, APRIL 3, 2009

5987

State General Funds

$0

$0

$0

$0

275.100-Public Defenders

Appropriation (HB 119)

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

$28,282,190 $33,806,561 $31,047,332 $32,137,164

State General Funds

$28,282,190 $33,806,561 $31,047,332 $32,137,164

TOTAL PUBLIC FUNDS

$28,282,190 $33,806,561 $31,047,332 $32,137,164

275.101 Special Project - Public Defenders: Increase funds for all outstanding non-capital conflict liabilities over a two-year period beginning with

liabilities for Fiscal Years 2005 ($97,228), 2006 ($317,446), 2007 ($612,151), and 2008 ($583,343).

State General Funds

$1,610,168

Section 37: Public Safety, 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 Sanctions, Fines, and Penalties
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers
TOTAL PUBLIC FUNDS

Section Total - Continuation

$135,260,351 $135,260,351 $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 $182,492,030

$135,260,351 $135,260,351 $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 $182,492,030

$135,260,351 $135,260,351 $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 $182,492,030

$135,260,351 $135,260,351 $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 $182,492,030

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 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

Section Total - Final

$102,557,432 $103,903,319

$102,557,432 $103,903,319

$37,477,258 $37,477,258

$8,872,757

$8,872,757

$28,604,501 $28,604,501

$17,610,178 $17,240,178

$7,503,871

$7,503,871

$707,000

$337,000

$9,199,307

$9,199,307

$200,000

$200,000

$1,017,000

$1,017,000

$103,869,803 $103,869,803 $37,960,258
$8,872,757 $29,087,501 $17,240,178 $7,503,871
$337,000 $9,199,307
$200,000 $1,017,000

$106,167,357 $106,167,357 $37,960,258
$8,872,757 $29,087,501 $17,240,178 $7,503,871
$337,000 $9,199,307
$200,000 $1,017,000

5988

JOURNAL OF THE HOUSE

State Funds Transfers TOTAL PUBLIC FUNDS

$1,017,000

$1,017,000

$1,017,000

$1,017,000

$158,661,868 $159,637,755 $160,087,239 $162,384,793

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized
TOTAL PUBLIC FUNDS

$2,843,588 $2,843,588
$200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588

$2,843,588 $2,843,588
$200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588

$2,843,588 $2,843,588
$200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588

$2,843,588 $2,843,588
$200,000 $200,000 $370,000 $370,000 $370,000 $3,413,588

276.1 Defer the FY09 cost of living adjustment.

State General Funds

($19,149)

($19,149)

($19,149)

($19,149)

276.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($121)

($121)

($121)

($121)

276.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($62,606)

($54,101)

$0

$0

276.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($61,042)

($61,042)

($61,042)

($61,042)

276.5 Remove one-time funds realized from insurance proceeds in FY08.

Rebates, Refunds, and Reimbursements Not Itemized

($370,000)

($370,000)

($370,000)

276.99

CC: The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation. Senate: The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation.

State General Funds

$0

$0

FRIDAY, APRIL 3, 2009

5989

276.100 -Aviation

Appropriation (HB 119)

The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within

the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in

public safety efforts with aerial surveillance and observation.

TOTAL STATE FUNDS

$2,700,670

$2,709,175

$2,763,276

$2,763,276

State General Funds

$2,700,670

$2,709,175

$2,763,276

$2,763,276

TOTAL FEDERAL FUNDS

$200,000

$200,000

$200,000

$200,000

Federal Funds Not Itemized

$200,000

$200,000

$200,000

$200,000

TOTAL AGENCY FUNDS

$370,000

Rebates, Refunds, and Reimbursements

$370,000

Rebates, Refunds, and Reimbursements Not Itemized

$370,000

TOTAL PUBLIC FUNDS

$3,270,670

$2,909,175

$2,963,276

$2,963,276

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 State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$0
$7,503,871 $7,503,871 $7,503,871 $7,503,871

$0
$7,503,871 $7,503,871 $7,503,871 $7,503,871

$0 $0 $7,503,871 $7,503,871 $7,503,871 $7,503,871

$0 $0 $7,503,871 $7,503,871 $7,503,871 $7,503,871

277.99

CC: The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government employees, and visitors to the Capitol. Senate: The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government employees, and visitors to the Capitol.

Intergovernmental Transfers Not Itemized

$0

$0

277.100-Capitol Police Services

Appropriation (HB 119)

The purpose of this appropriation is to protect life and property in the Capitol Square area, enforce traffic regulations around the Capitol, monitor entrances of

state buildings, screen packages and personal items of individuals entering state facilities, and provide general security for elected officials, government

employees, and visitors to the Capitol.

TOTAL AGENCY FUNDS

$7,503,871

$7,503,871

$7,503,871

$7,503,871

Intergovernmental Transfers

$7,503,871

$7,503,871

$7,503,871

$7,503,871

Intergovernmental Transfers Not Itemized

$7,503,871

$7,503,871

$7,503,871

$7,503,871

TOTAL PUBLIC FUNDS

$7,503,871

$7,503,871

$7,503,871

$7,503,871

5990

JOURNAL OF THE HOUSE

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$9,023,817 $9,023,817
$15,571 $15,571 $9,039,388

$9,023,817 $9,023,817
$15,571 $15,571 $9,039,388

$9,023,817 $9,023,817
$15,571 $15,571 $9,039,388

$9,023,817 $9,023,817
$15,571 $15,571 $9,039,388

278.1 Defer the FY09 cost of living adjustment.

State General Funds

($84,536)

($84,537)

($84,537)

($84,537)

278.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($535)

($535)

($535)

($535)

278.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($276,383)

($238,835)

$0

$0

278.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($135,002)

($135,002)

($135,002)

($135,002)

278.5 Reduce funds by assigning five security officers to the Capitol Police.

State General Funds

($196,840)

($196,840)

($196,840)

($196,840)

278.6 Reduce funds and defer filling three vacant administrative positions.

State General Funds

($282,441)

($282,441)

($282,441)

($282,441)

278.7 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($18,317)

($18,317)

($18,317)

278.100-Departmental Administration

Appropriation (HB 119)

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

$8,048,080

$8,067,310

$8,306,145

$8,306,145

State General Funds

$8,048,080

$8,067,310

$8,306,145

$8,306,145

TOTAL FEDERAL FUNDS

$15,571

$15,571

$15,571

$15,571

Federal Funds Not Itemized

$15,571

$15,571

$15,571

$15,571

TOTAL PUBLIC FUNDS

$8,063,651

$8,082,881

$8,321,716

$8,321,716

Executive Security Services

Continuation Budget

FRIDAY, APRIL 3, 2009

5991

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

$1,511,025 $1,511,025 $1,511,025

$1,511,025 $1,511,025 $1,511,025

$1,511,025 $1,511,025 $1,511,025

$1,511,025 $1,511,025 $1,511,025

279.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,435)

($17,435)

($17,435)

($17,435)

279.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($111)

($111)

($111)

($111)

279.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($57,005)

($49,260)

$0

$0

279.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($5,400)

($5,400)

($5,400)

($5,400)

279.99

CC: The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important individuals as determined by the Commissioner. Senate: The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important individuals as determined by the Commissioner.

State General Funds

$0

$0

279.100-Executive Security Services

Appropriation (HB 119)

The purpose of this appropriation is to provide statutorily mandated security for the Governor, Lieutenant Governor, the Speaker of the House of

Representatives, and their families, and also to provide security for the Chief Justice of the Georgia Supreme Court, visiting dignitaries, and other important

individuals as determined by the Commissioner.

TOTAL STATE FUNDS

$1,431,074

$1,438,819

$1,488,079

$1,488,079

State General Funds

$1,431,074

$1,438,819

$1,488,079

$1,488,079

TOTAL PUBLIC FUNDS

$1,431,074

$1,438,819

$1,488,079

$1,488,079

Field Offices and Services

Continuation Budget

The purpose of this appropriation is to reduce criminal activity in the state of Georgia through enforcement of traffic and criminal laws.

5992

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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized
TOTAL PUBLIC FUNDS

$90,670,897 $90,670,897 $3,118,316 $3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

$90,670,897 $90,670,897 $3,118,316
$3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

$90,670,897 $90,670,897
$3,118,316 $3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

$90,670,897 $90,670,897 $3,118,316
$3,118,316 $1,252,400
$337,000 $337,000 $715,400 $715,400 $200,000 $200,000 $95,041,613

280.1 Defer the FY09 cost of living adjustment.

State General Funds

($732,603)

($732,603)

($732,603)

($732,603)

280.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($4,639)

($4,639)

($4,639)

($4,639)

280.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($2,395,209) ($2,069,804)

$0

$0

280.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($735,491)

($735,491)

($735,491)

($735,491)

280.5 Reduce one-time funds received in HB990 (FY09G) for the computer-aided dispatch system and computer terminals in patrol vehicles.

State General Funds

($1,549,566) ($1,549,566) ($1,549,566) ($1,549,566)

280.6 Reduce funds to reflect savings realized from the consolidation of communication centers and by eliminating twelve vacant and forty-three filled radio operator positions.

State General Funds

($2,034,465) ($2,034,465) ($2,034,465) ($2,034,465)

280.7 Reduce funds from vacant trooper positions.

State General Funds

($654,035)

($654,035)

($654,035)

($654,035)

280.8 Reduce funds associated with ten additional troopers assigned to the Atlanta Motorcycle Unit and fund with citation revenue.

State General Funds

($130,000)

($130,000)

($130,000)

($130,000)

280.9 Reduce funds by temporarily freezing trooper promotions resulting in attrition among officer ranks of corporal through captain.

State General Funds

($230,902)

($230,902)

($230,902)

($230,902)

FRIDAY, APRIL 3, 2009

5993

280.10 Reduce funds by utilizing forty troopers in the Motor Carrier Compliance Division (MCCD) to provide increased commercial vehicle speed and compliance enforcement.

State General Funds

($2,592,978) ($2,592,978) ($2,592,978) ($2,592,978)

280.11 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel, and changing the uniform replacement policy.

State General Funds

($1,645,725) ($1,645,725) ($1,645,725) ($1,645,725)

280.12 Reduce funds from the private security contract and assign twenty-two troopers positions in the Capitol Police to be funded with Georgia Building Authority rental revenue.

State General Funds

($1,426,138) ($1,426,138) ($1,426,138) ($1,426,138)

280.13 Eliminate funds for the 86th Trooper School.

State General Funds

($2,847,456) ($2,847,456) ($2,847,456) ($2,847,456)

280.14 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($8,872,757) $8,872,757
$0

($8,872,757) $8,872,757
$0

($8,872,757) $8,872,757
$0

($8,872,757) $8,872,757
$0

280.15 Reduce funds to reflect the revised revenue estimate.

State General Funds

($494,465)

($494,465)

($494,465)

280.16 Increase funds to replace twenty-three trooper vehicles with over 135,000 miles.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$483,000

$0 $483,000 $483,000

$0 $483,000 $483,000

280.17 Reduce funds from the 85th Trooper School. (CC:Reduce funds received for operating costs associated with trooper schools)

State General Funds

($1,500,000)

($500,000)

280.99

CC: The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit. Senate: The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit.

State General Funds

$0

$0

280.100-Field Offices and Services

Appropriation (HB 119)

5994

JOURNAL OF THE HOUSE

The purpose of this appropriation is to provide enforcement for traffic and criminal laws through the Department of Public Safety's Uniform Division, and

support a variety of specialized teams and offices, which include the Motorcycle Unit, Criminal Interdiction Unit, the Crisis Negotiations Team, the Special

Projects Adjutant Office, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit.

TOTAL STATE FUNDS

$64,818,933 $65,132,873 $65,219,677 $66,219,677

State General Funds

$64,818,933 $65,132,873 $65,219,677 $66,219,677

TOTAL FEDERAL FUNDS

$11,991,073 $11,991,073 $12,474,073 $12,474,073

American Recovery and Reinvestment Act of 2009

$8,872,757

$8,872,757

$8,872,757

$8,872,757

Federal Funds Not Itemized

$3,118,316

$3,118,316

$3,601,316

$3,601,316

TOTAL AGENCY FUNDS

$1,252,400

$1,252,400

$1,252,400

$1,252,400

Rebates, Refunds, and Reimbursements

$337,000

$337,000

$337,000

$337,000

Rebates, Refunds, and Reimbursements Not Itemized

$337,000

$337,000

$337,000

$337,000

Sales and Services

$715,400

$715,400

$715,400

$715,400

Sales and Services Not Itemized

$715,400

$715,400

$715,400

$715,400

Sanctions, Fines, and Penalties

$200,000

$200,000

$200,000

$200,000

Sanctions, Fines, and Penalties Not Itemized

$200,000

$200,000

$200,000

$200,000

TOTAL PUBLIC FUNDS

$78,062,406 $78,376,346 $78,946,150 $79,946,150

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

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

$8,278,923 $8,278,923 $6,550,143 $6,550,143 $6,510,227 $6,510,227 $6,510,227 $21,339,293

281.1 Defer the FY09 cost of living adjustment.

State General Funds

($143,942)

($143,942)

($143,942)

($143,942)

281.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($911)

($911)

($911)

($911)

281.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

FRIDAY, APRIL 3, 2009

5995

State General Funds

($446,079)

($385,476)

$0

$0

281.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($135,177)

($135,177)

($135,177)

($135,177)

281.5 Reduce funds by reducing equipment replacements, limiting training, restricting out-of-state and in-state-travel, and changing the uniform replacement policy.

State General Funds

($488,044)

($488,044)

($488,044)

($488,044)

281.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($494,465)

$0

$0

$0

281.99

CC: The purpose of this appropriation is to provide enforcement for size, weight, and safety standards as well as traffic and criminal laws through the Department of Public Safety's Motor Carrier Compliance Division for commercial motor carriers, school buses, and large passenger vehicles as well as providing High Occupancy Vehicle lane use restriction enforcement. Senate: The purpose of this appropriation is to provide enforcement for size, weight, and safety standards as well as traffic and criminal laws through the Department of Public Safety's Motor Carrier Compliance Division for commercial motor carriers, school buses, and large passenger vehicles as well as providing High Occupancy Vehicle lane use restriction enforcement.

State General Funds

$0

$0

281.100-Motor Carrier Compliance

Appropriation (HB 119)

The purpose of this appropriation is to provide enforcement for size, weight, and safety standards as well as traffic and criminal laws through the Department of

Public Safety's Motor Carrier Compliance Division for commercial motor carriers, school buses, and large passenger vehicles as well as providing High

Occupancy Vehicle lane use restriction enforcement.

TOTAL STATE FUNDS

$6,570,305

$7,125,373

$7,510,849

$7,510,849

State General Funds

$6,570,305

$7,125,373

$7,510,849

$7,510,849

TOTAL FEDERAL FUNDS

$6,550,143

$6,550,143

$6,550,143

$6,550,143

Federal Funds Not Itemized

$6,550,143

$6,550,143

$6,550,143

$6,550,143

TOTAL AGENCY FUNDS

$6,510,227

$6,510,227

$6,510,227

$6,510,227

Sales and Services

$6,510,227

$6,510,227

$6,510,227

$6,510,227

Sales and Services Not Itemized

$6,510,227

$6,510,227

$6,510,227

$6,510,227

TOTAL PUBLIC FUNDS

$19,630,675 $20,185,743 $20,571,219 $20,571,219

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

$3,106,754 $3,106,754 $3,106,754

$3,106,754 $3,106,754 $3,106,754

$3,106,754 $3,106,754 $3,106,754

$3,106,754 $3,106,754 $3,106,754

282.1 Defer the FY09 cost of living adjustment.

5996

JOURNAL OF THE HOUSE

State General Funds

($29,122)

($29,122)

($29,122)

($29,122)

282.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($184)

($184)

($184)

($184)

282.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($95,212)

($82,277)

$0

$0

282.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($5,400)

($5,400)

($5,400)

($5,400)

282.99

CC: The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for complex crash and crime scene investigations upon request. Senate: The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for complex crash and crime scene investigations upon request.

State General Funds

$0

$0

282.100-Specialized Collision Reconstruction Team

Appropriation (HB 119)

The purpose of this appropriation is to investigate fatal vehicular crashes throughout the state, collect data, and provide evidence and testimony in the

prosecution of those at fault and to additionally provide specialized investigative services to Departmental personnel, state, federal, and local agencies for

complex crash and crime scene investigations upon request.

TOTAL STATE FUNDS

$2,976,836

$2,989,771

$3,072,048

$3,072,048

State General Funds

$2,976,836

$2,989,771

$3,072,048

$3,072,048

TOTAL PUBLIC FUNDS

$2,976,836

$2,989,771

$3,072,048

$3,072,048

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.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$2,595,107 $2,595,107 $2,595,107

$2,595,107 $2,595,107 $2,595,107

$2,595,107 $2,595,107 $2,595,107

$2,595,107 $2,595,107 $2,595,107

283.1 Defer the FY09 cost of living adjustment. State General Funds

($29,482)

($29,482)

($29,482)

($29,482)

FRIDAY, APRIL 3, 2009

5997

283.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($187)

($187)

($187)

($187)

283.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($96,391)

($83,296)

$0

$0

283.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($4,050)

($4,050)

($4,050)

($4,050)

283.5 Reduce funds and defer filling three vacant administrative positions.

State General Funds

($143,893)

($143,893)

($143,893)

($143,893)

283.6 Reduce funds from the Safety Education Unit.

State General Funds

($1,297,554)

$0

283.99

CC: The purpose of this appropriation is to provide and coordinate the Implied Consent Unit to oversee and maintain the breath-alcohol program for the State of Georgia in coordination with the Forensics Science Division of the GBI and to additionally provide and coordinate the Safety Education Unit to support the Georgia Strategic Highway Safety Plan and DPS Field Operations through educational outreach efforts, enforcement activities, and emergency response to public safety incidents. Senate: The purpose of this appropriation is to provide and coordinate the Implied Consent Unit to oversee and maintain the breath-alcohol program for the State of Georgia in coordination with the Forensics Science Division of the GBI and to additionally provide and coordinate the Safety Education Unit to support the Georgia Strategic Highway Safety Plan and DPS Field Operations through educational outreach efforts, enforcement activities, and emergency response to public safety incidents.

State General Funds

$0

$0

283.100-Troop J Specialty Units

Appropriation (HB 119)

The purpose of this appropriation is to provide and coordinate the Implied Consent Unit to oversee and maintain the breath-alcohol program for the State of

Georgia in coordination with the Forensics Science Division of the GBI and to additionally provide and coordinate the Safety Education Unit to support the

Georgia Strategic Highway Safety Plan and DPS Field Operations through educational outreach efforts, enforcement activities, and emergency response to

public safety incidents.

TOTAL STATE FUNDS

$2,321,104

$2,334,199

$1,119,941

$2,417,495

State General Funds

$2,321,104

$2,334,199

$1,119,941

$2,417,495

TOTAL PUBLIC FUNDS

$2,321,104

$2,334,199

$1,119,941

$2,417,495

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.

5998

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$857,156 $857,156 $857,156

$857,156 $857,156 $857,156

$857,156 $857,156 $857,156

$857,156 $857,156 $857,156

284.1 Defer the FY09 cost of living adjustment.

State General Funds

($7,728)

($7,728)

($7,728)

($7,728)

284.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($24,547)

($21,212)

$0

$0

284.3 Reduce funds paid to instructors.

State General Funds

($83,106)

($83,106)

($83,106)

($83,106)

284.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($7,480)

($7,480)

($7,480)

($7,480)

284.100-Firefighter Standards and Training Council, Georgia

Appropriation (HB 119)

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

$734,295

$737,630

$758,842

$758,842

State General Funds

$734,295

$737,630

$758,842

$758,842

TOTAL PUBLIC FUNDS

$734,295

$737,630

$758,842

$758,842

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

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

$623,503 $623,503 $17,233,729 $17,233,729 $17,857,232

285.1 Defer the FY09 cost of living adjustment. State General Funds

($2,009)

($2,009)

($2,009)

($2,009)

FRIDAY, APRIL 3, 2009

5999

285.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($13,669)

($11,812)

$0

$0

285.3 Reduce funds and defer filling one vacant administration manager position.

State General Funds

($61,901)

($61,901)

($61,901)

($61,901)

285.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,571)

($5,571)

($5,571)

($5,571)

285.5 Reduce funds from operations.

State General Funds

($100,000)

($100,000)

285.100-Highway Safety, Office of

Appropriation (HB 119)

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

$540,353

$542,210

$454,022

$454,022

State General Funds

$540,353

$542,210

$454,022

$454,022

TOTAL FEDERAL FUNDS

$17,233,729 $17,233,729 $17,233,729 $17,233,729

Federal Funds Not Itemized

$17,233,729 $17,233,729 $17,233,729 $17,233,729

TOTAL PUBLIC FUNDS

$17,774,082 $17,775,939 $17,687,751 $17,687,751

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 State General Funds
TOTAL PUBLIC FUNDS

$2,910,146 $2,910,146 $2,910,146

$2,910,146 $2,910,146 $2,910,146

$2,910,146 $2,910,146 $2,910,146

$2,910,146 $2,910,146 $2,910,146

286.1 Defer the FY09 cost of living adjustment.

State General Funds

($19,369)

($19,369)

($19,369)

($19,369)

286.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

6000

JOURNAL OF THE HOUSE

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($61,307)

($52,978)

$0

$0

286.3 Reduce one-time funds received in HB990 (FY09G) for the contract with the Georgia Sheriffs' Association to deliver training associated with the Sex Offender Registration Act, jail services to counties, and training for fifty newly elected sheriffs.

State General Funds

($435,652)

($435,652)

($435,652)

($435,652)

286.4 Reduce funds by eliminating one vacant audit position.

State General Funds

($38,475)

($38,475)

($38,475)

($38,475)

286.5 Reduce funds through attrition.

State General Funds

($72,044)

($72,044)

($72,044)

($72,044)

286.6 Reduce funds and utilize funds in the revenue account.

State General Funds

($69,244)

($69,244)

($69,244)

($69,244)

286.7 Reduce funds from the Georgia Sheriffs' Association and the Georgia Association of Chiefs of Police contracts.

State General Funds

($67,115)

($67,115)

($67,115)

($67,115)

286.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($21,566)

($21,566)

($21,566)

($21,566)

286.99

CC: The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, certify individuals when all requirements are met, to investigate officers and public safety professionals when an allegation of unethical/illegal conduct is made and sanction these individuals' by disciplining officers and public safety professionals when necessary. Senate: The purpose of this appropriation is to set standards for the law enforcement community, ensure training at the highest level for all of Georgia's law enforcement officers and public safety professionals, certify individuals when all requirements are met, 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.

State General Funds

$0

$0

286.100-Peace Officer Standards and Training Council, Georgia

Appropriation (HB 119)

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, certify individuals when all requirements are met, 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

$2,125,374

$2,133,703

$2,186,681

$2,186,681

State General Funds

$2,125,374

$2,133,703

$2,186,681

$2,186,681

TOTAL PUBLIC FUNDS

$2,125,374

$2,133,703

$2,186,681

$2,186,681

Public Safety Training Center, Georgia

Continuation Budget

FRIDAY, APRIL 3, 2009

6001

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$12,839,435 $12,839,435 $1,486,742 $1,486,742 $1,973,680 $1,973,680
$1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

$12,839,435 $12,839,435 $1,486,742
$1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

$12,839,435 $12,839,435
$1,486,742 $1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

$12,839,435 $12,839,435 $1,486,742
$1,486,742 $1,973,680 $1,973,680 $1,973,680 $1,017,000 $1,017,000 $1,017,000 $17,316,857

287.1 Defer the FY09 cost of living adjustment.

State General Funds

($101,284)

($101,284)

($101,284)

($101,284)

287.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($2,353)

($2,353)

($2,353)

($2,353)

287.3 Defer salary adjustments for critical jobs.

State General Funds

($59,702)

($59,702)

($59,702)

($59,702)

287.4

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($344,835)

($297,987)

$0

$0

287.5 Reduce funds by discontinuing free meals for students receiving training.

State General Funds

($1,383,844) ($1,383,844) ($1,383,844) ($1,383,844)

287.6 Reduce and defer funds received in HB95 (FY08G) to offer the Fire Officer Executive Supervision program. (H and S:Restore program)

State General Funds

($500,000)

($145,000)

($145,000)

($145,000)

287.7 Reduce funds by eliminating individual dorm phone lines.

State General Funds

($24,631)

($24,631)

($24,631)

($24,631)

287.8 Reduce funds by switching from mailers to post cards for student course notification.

State General Funds

($7,600)

($7,600)

($7,600)

($7,600)

287.9 Reduce funds by eliminating gym staff evening hours.

6002

JOURNAL OF THE HOUSE

State General Funds

($7,200)

($7,200)

($7,200)

($7,200)

287.10 Reduce funds and postpone the availability of public safety diver and smoke diver specialty courses.

State General Funds

($12,820)

($12,820)

($12,820)

($12,820)

287.11 Reduce funds to reflect the revised revenue estimate.

State General Funds

($104,758)

($104,758)

($104,758)

($104,758)

287.99

CC: The purpose of this appropriation is to provide administrative, support, technical, and instructional services, and the appropriate facilities for the following training programs: basic training for local law enforcement, the Georgia Police Academy, Regional Police Academies, resident training for state agencies, and the Georgia Fire Academy. Senate: The purpose of this appropriation is to provide administrative, support, technical, and instructional services, and the appropriate facilities for the following training programs: basic training for local law enforcement, the Georgia Police Academy, Regional Police Academies, resident training for state agencies, and the Georgia Fire Academy.

State General Funds

$0

$0

287.100-Public Safety Training Center, Georgia

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative, support, technical, and instructional services, and the appropriate facilities for the following

training programs: basic training for local law enforcement, the Georgia Police Academy, Regional Police Academies, resident training for state agencies, and

the Georgia Fire Academy.

TOTAL STATE FUNDS

$10,290,408 $10,692,256 $10,990,243 $10,990,243

State General Funds

$10,290,408 $10,692,256 $10,990,243 $10,990,243

TOTAL FEDERAL FUNDS

$1,486,742

$1,486,742

$1,486,742

$1,486,742

Federal Funds Not Itemized

$1,486,742

$1,486,742

$1,486,742

$1,486,742

TOTAL AGENCY FUNDS

$1,973,680

$1,973,680

$1,973,680

$1,973,680

Sales and Services

$1,973,680

$1,973,680

$1,973,680

$1,973,680

Sales and Services Not Itemized

$1,973,680

$1,973,680

$1,973,680

$1,973,680

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,017,000

$1,017,000

$1,017,000

$1,017,000

State Funds Transfers

$1,017,000

$1,017,000

$1,017,000

$1,017,000

Agency to Agency Contracts

$1,017,000

$1,017,000

$1,017,000

$1,017,000

TOTAL PUBLIC FUNDS

$14,767,830 $15,169,678 $15,467,665 $15,467,665

Section 38: Public Service Commission
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

$10,348,009 $10,348,009
$600,000 $600,000
$70,000 $70,000 $11,018,009

$10,348,009 $10,348,009
$600,000 $600,000
$70,000 $70,000 $11,018,009

$10,348,009 $10,348,009
$600,000 $600,000
$70,000 $70,000 $11,018,009

$10,348,009 $10,348,009
$600,000 $600,000 $70,000
$70,000 $11,018,009

FRIDAY, APRIL 3, 2009

6003

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

$9,329,417

$9,470,255

$9,329,417

$9,470,255

$600,000

$600,000

$600,000

$600,000

$70,000

$70,000

$70,000

$70,000

$9,999,417 $10,140,255

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

$9,735,943 $9,735,943
$600,000 $600,000
$70,000 $70,000 $10,405,943
$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

$9,735,943 $9,735,943
$600,000 $600,000
$70,000 $70,000 $10,405,943
$1,282,864 $1,282,864
$70,000 $70,000 $70,000 $1,352,864

288.1 Defer the FY09 cost of living adjustment.

State General Funds

($13,167)

($13,167)

($13,167)

($13,167)

288.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($615)

($615)

($615)

($615)

288.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($46,113)

($39,848)

$0

$0

288.4 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$1,167

$1,167

$1,167

$1,167

288.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($13,505)

($13,505)

($13,505)

$0

288.6 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($933)

($933)

($933)

288.100-Commission Administration

Appropriation (HB 119)

The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals.

6004

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,210,631 $1,210,631
$70,000 $70,000 $70,000 $1,280,631

$1,215,963 $1,215,963
$70,000 $70,000 $70,000 $1,285,963

$1,255,811 $1,255,811
$70,000 $70,000 $70,000 $1,325,811

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

$867,604 $867,604 $600,000 $600,000 $1,467,604

$867,604 $867,604 $600,000 $600,000 $1,467,604

$867,604 $867,604 $600,000 $600,000 $1,467,604

$1,269,316 $1,269,316
$70,000 $70,000 $70,000 $1,339,316
$867,604 $867,604 $600,000 $600,000 $1,467,604

289.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,541)

($8,541)

($8,541)

($8,541)

289.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($46,113)

($39,848)

$0

$0

289.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$961

$961

$961

$961

289.99

CC: The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through training and inspections. Senate: The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through training and inspections.

State General Funds

$0

$0

289.100-Facility Protection

Appropriation (HB 119)

The purpose of this appropriation is to enforce state and federal regulations pertaining to buried utility facility infrastructure and to promote safety through

training and inspections.

TOTAL STATE FUNDS

$813,911

$820,176

$860,024

$860,024

State General Funds

$813,911

$820,176

$860,024

$860,024

TOTAL FEDERAL FUNDS

$600,000

$600,000

$600,000

$600,000

FRIDAY, APRIL 3, 2009

6005

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$600,000 $1,413,911

$600,000 $1,420,176

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

$8,197,541 $8,197,541 $8,197,541

$8,197,541 $8,197,541 $8,197,541

$600,000 $1,460,024
$8,197,541 $8,197,541 $8,197,541

$600,000 $1,460,024
$8,197,541 $8,197,541 $8,197,541

290.1 Defer the FY09 cost of living adjustment.

State General Funds

($77,195)

($77,195)

($77,195)

($77,195)

290.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($215,233)

($185,992)

$0

$0

290.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$2,003

$2,003

$2,003

$2,003

290.4 Reduce funds from vacant, co-op, and temporary positions.

State General Funds

($321,549)

($321,549)

($321,549)

($321,549)

290.5 Reduce funds used for replacing obsolete equipment, printing and publication, travel, and other operations.

State General Funds

($199,340)

($199,340)

($199,340)

($199,340)

290.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($81,352)

($81,352)

($81,352)

($94,857)

290.7 Increase funds for the use of subject matter experts (SME).

State General Funds

$100,000

$100,000

$100,000

290.99

CC: The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies, approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers. Senate: The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies, approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers.

6006

JOURNAL OF THE HOUSE

State General Funds

$0

$0

290.100-Utilities Regulation

Appropriation (HB 119)

The purpose of this appropriation is to monitor the rates and service standards of electric, transportation, natural gas, and telecommunications companies,

approve supply plans for electric and natural gas companies, monitor utility system and telecommunications network planning, arbitrate complaints among

competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers.

TOTAL STATE FUNDS

$7,304,875

$7,434,116

$7,620,108

$7,606,603

State General Funds

$7,304,875

$7,434,116

$7,620,108

$7,606,603

TOTAL PUBLIC FUNDS

$7,304,875

$7,434,116

$7,620,108

$7,606,603

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

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

$2,300,517,851 $2,278,680,052
$21,837,799 $3,133,078,721
$3,625,810 $1,692,492,806
$85,607,963 $1,351,352,142 $5,433,596,572

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009
TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Intergovernmental Transfers Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$2,083,977,507 $2,082,901,320

$2,066,718,041 $2,065,641,854

$17,259,466 $17,259,466

$92,617,896 $92,617,896

$92,617,896 $92,617,896

$3,133,129,721 $3,133,129,721

$3,625,810

$3,625,810

$1,692,492,806 $1,692,492,806

$85,658,963 $85,658,963

$1,351,352,142 $1,351,352,142

$5,309,725,124 $5,308,648,937

$2,075,176,394 $2,057,916,928
$17,259,466 $92,617,896 $92,617,896 $3,133,129,721 $3,625,810 $1,692,492,806 $85,658,963 $1,351,352,142 $5,300,924,011

$2,080,354,094 $2,063,094,628
$17,259,466 $92,617,896 $92,617,896 $3,133,129,721 $3,625,810 $1,692,492,806 $85,658,963 $1,351,352,142 $5,306,101,711

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

$17,891,736 $17,891,736 $12,975,000

$17,891,736 $17,891,736 $12,975,000

$17,891,736 $17,891,736 $12,975,000

$17,891,736 $17,891,736 $12,975,000

FRIDAY, APRIL 3, 2009

6007

Intergovernmental Transfers Intergovernmental Transfers Not Itemized
Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736

$7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736

$7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736

$7,875,000 $7,875,000 $5,100,000 $5,100,000 $30,866,736

291.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$111,320

$111,320

$111,320

$111,320

291.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($61,719)

($61,719)

($61,719)

($61,719)

291.3 Reduce funds by eliminating three filled positions.

State General Funds

($239,542)

($239,542)

($239,542)

($239,542)

291.4 Reduce funds by eliminating five vacant positions.

State General Funds

($325,346)

($325,346)

($325,346)

($325,346)

291.5 Reduce funds from operations.

State General Funds

($524,766)

($524,766)

($524,766)

($524,766)

291.6 Reduce funds from the capital seed fund. (H:Restore funds)

State General Funds

($5,000,000)

$0 ($5,000,000) ($5,000,000)

291.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$54,172

$54,172

$54,172

$54,172

291.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($119,059)

($119,059)

($119,059)

($119,059)

291.99

CC: The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses. Senate: The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses.

State General Funds

$0

$0

291.100-Advanced Technology Development Center/Economic Development Institute Appropriation (HB 119)

The purpose of this appropriation is to advise Georgia manufacturers, entrepreneurs, and government officials on best-business practices and technology-driven

economic development, and to provide the state share to federal incentive and assistance programs for entrepreneurs and innovative businesses.

TOTAL STATE FUNDS

$11,786,796 $16,786,796 $11,786,796 $11,786,796

State General Funds

$11,786,796 $16,786,796 $11,786,796 $11,786,796

6008

JOURNAL OF THE HOUSE

TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $24,761,796

$12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $29,761,796

$12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $24,761,796

$12,975,000 $7,875,000 $7,875,000 $5,100,000 $5,100,000 $24,761,796

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

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879
$8,501,879 $82,798,877

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976
$2,446,064 $2,446,064 $8,501,879 $8,501,879 $82,798,877

$45,245,958 $45,245,958 $37,552,919 $26,604,976 $26,604,976 $2,446,064 $2,446,064 $8,501,879
$8,501,879 $82,798,877

292.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$409,648

$409,648

$409,648

$409,648

292.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($306,415)

($306,415)

($306,415)

($306,415)

292.3 Reduce funds by eliminating forty-one vacant positions.

State General Funds

($2,612,577) ($2,612,577) ($2,612,577) ($2,612,577)

292.4 Reduce funds from operations.

State General Funds

($332,000)

($332,000)

($332,000)

($332,000)

292.5 Reduce funds received in HB990 (FY09G) for maintenance and operations.

State General Funds

($700,000)

($700,000)

($700,000)

($700,000)

292.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$234,958

$234,958

$234,958

$234,958

292.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($419,396)

($419,396)

($419,396)

($419,396)

FRIDAY, APRIL 3, 2009

6009

292.99

CC: The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competiveness of Georgia's agribusiness. Senate: The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competiveness of Georgia's agribusiness.

State General Funds

$0

$0

292.100-Agricultural Experiment Station

Appropriation (HB 119)

The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability

and global competiveness of Georgia's agribusiness.

TOTAL STATE FUNDS

$41,520,176 $41,520,176 $41,520,176 $41,520,176

State General Funds

$41,520,176 $41,520,176 $41,520,176 $41,520,176

TOTAL AGENCY FUNDS

$37,552,919 $37,552,919 $37,552,919 $37,552,919

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

$2,446,064

$2,446,064

$2,446,064

$2,446,064

Rebates, Refunds, and Reimbursements Not Itemized

$2,446,064

$2,446,064

$2,446,064

$2,446,064

Sales and Services

$8,501,879

$8,501,879

$8,501,879

$8,501,879

Sales and Services Not Itemized

$8,501,879

$8,501,879

$8,501,879

$8,501,879

TOTAL PUBLIC FUNDS

$79,073,095 $79,073,095 $79,073,095 $79,073,095

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

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

$32,323 $32,323 $4,944,522 $4,944,522 $4,944,522 $4,976,845

293.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$32,323

$32,323

$32,323

$32,323

293.2 Transfer funds received for the FY09 cost of living adjustment to the contract within the Department of Agriculture.

State General Funds

($64,646)

($64,646)

($64,646)

($64,646)

293.99 CC: The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals. Senate: The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners

6010

JOURNAL OF THE HOUSE

to ensure the safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals.

State General Funds

$0

$0

293.100-Athens and Tifton Veterinary Laboratories

Appropriation (HB 119)

The purpose of this appropriation is to provide diagnostic services, educational outreach, and consultation for veterinarians and animal owners to ensure the

safety of Georgia's food supply and the health of Georgia's production, equine, and companion animals.

TOTAL AGENCY FUNDS

$4,944,522

$4,944,522

$4,944,522

$4,944,522

Intergovernmental Transfers

$4,944,522

$4,944,522

$4,944,522

$4,944,522

Intergovernmental Transfers Not Itemized

$4,944,522

$4,944,522

$4,944,522

$4,944,522

TOTAL PUBLIC FUNDS

$4,944,522

$4,944,522

$4,944,522

$4,944,522

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

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414 $4,295,414 $62,919,325

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414 $4,295,414 $62,919,325

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414 $4,295,414 $62,919,325

$37,835,396 $37,835,396 $25,083,929 $20,546,243 $20,546,243
$242,272 $242,272 $4,295,414 $4,295,414 $62,919,325

294.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$395,028

$395,028

$395,028

$395,028

294.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($350,142)

($350,142)

($350,142)

($350,142)

294.3 Reduce funds by eliminating fifty vacant positions.

State General Funds

($1,754,300) ($1,754,300) ($1,754,300) ($1,754,300)

294.4 Reduce funds from operations.

State General Funds

($197,000)

($197,000)

($197,000)

($197,000)

294.5 Reduce funds received in HB990 (FY09G) for maintenance and operations.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

294.6 Reduce funds by filling critical positions at the minimum salary level.

FRIDAY, APRIL 3, 2009

6011

State General Funds

($351,000)

($351,000)

($351,000)

($351,000)

294.7 Eliminate funds for the Formosan Termite Project.

State General Funds

($165,000)

($165,000)

($165,000)

($165,000)

294.8 Eliminate funds for the Vidalia Onion Research Project.

State General Funds

($200,000)

($200,000)

$0

$0

294.9 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$219,988

$219,988

$219,988

$219,988

294.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($351,330)

($351,330)

($351,330)

($351,330)

294.99

CC: The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state. Senate: The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and consumer sciences, and to manage the 4-H youth program for the state.

State General Funds

$0

$0

294.100-Cooperative Extension Service

Appropriation (HB 119)

The purpose of this appropriation is to provide training, educational programs, and outreach to Georgians in agricultural, horticultural, food, and family and

consumer sciences, and to manage the 4-H youth program for the state.

TOTAL STATE FUNDS

$34,781,640 $34,781,640 $34,981,640 $34,981,640

State General Funds

$34,781,640 $34,781,640 $34,981,640 $34,981,640

TOTAL AGENCY FUNDS

$25,083,929 $25,083,929 $25,083,929 $25,083,929

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

$242,272

$242,272

$242,272

$242,272

Rebates, Refunds, and Reimbursements Not Itemized

$242,272

$242,272

$242,272

$242,272

Sales and Services

$4,295,414

$4,295,414

$4,295,414

$4,295,414

Sales and Services Not Itemized

$4,295,414

$4,295,414

$4,295,414

$4,295,414

TOTAL PUBLIC FUNDS

$59,865,569 $59,865,569 $60,065,569 $60,065,569

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.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized

$715,890 $715,890 $400,000 $375,988 $375,988

$715,890 $715,890 $400,000 $375,988 $375,988

$715,890 $715,890 $400,000 $375,988 $375,988

$715,890 $715,890 $400,000 $375,988 $375,988

6012

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$24,012 $24,012 $1,115,890

$24,012 $24,012 $1,115,890

$24,012 $24,012 $1,115,890

$24,012 $24,012 $1,115,890

295.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$8,224

$8,224

$8,224

$8,224

295.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($6,091)

($6,091)

($6,091)

($6,091)

295.3 Reduce funds by eliminating one vacant position.

State General Funds

($59,189)

($59,189)

($59,189)

($59,189)

295.4 Reduce funds from outreach activities and operations.

State General Funds

($13,222)

($13,222)

($13,222)

($13,222)

295.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$4,478

$4,478

$4,478

$4,478

295.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($6,501)

($6,501)

($6,501)

($6,501)

295.99

CC: The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources. Senate: The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests and other natural resources.

State General Funds

$0

$0

295.100-Forestry Cooperative Extension

Appropriation (HB 119)

The purpose of this appropriation is to provide funding for faculty to support instruction and outreach about conservation and sustainable management of forests

and other natural resources.

TOTAL STATE FUNDS

$643,589

$643,589

$643,589

$643,589

State General Funds

$643,589

$643,589

$643,589

$643,589

TOTAL AGENCY FUNDS

$400,000

$400,000

$400,000

$400,000

Intergovernmental Transfers

$375,988

$375,988

$375,988

$375,988

Intergovernmental Transfers Not Itemized

$375,988

$375,988

$375,988

$375,988

Sales and Services

$24,012

$24,012

$24,012

$24,012

Sales and Services Not Itemized

$24,012

$24,012

$24,012

$24,012

TOTAL PUBLIC FUNDS

$1,043,589

$1,043,589

$1,043,589

$1,043,589

Forestry Research

Continuation Budget

FRIDAY, APRIL 3, 2009

6013

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

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

$3,410,980 $3,410,980 $3,950,426 $3,400,426 $3,400,426
$550,000 $550,000 $7,361,406

296.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$39,525

$39,525

$39,525

$39,525

296.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($25,738)

($25,738)

($25,738)

($25,738)

296.3 Reduce funds by eliminating three vacant positions.

State General Funds

($159,696)

($159,696)

($159,696)

($159,696)

296.4 Reduce funds from operations.

State General Funds

($123,520)

($123,520)

($123,520)

($123,520)

296.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$21,763

$21,763

$21,763

$21,763

296.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($31,633)

($31,633)

($31,633)

($31,633)

296.99

CC: The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-industrial forest landowners and natural resources professionals in complying with state and federal regulations. Senate: The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-industrial forest landowners and natural resources professionals in complying with state and federal regulations.

State General Funds

$0

$0

296.100-Forestry Research

Appropriation (HB 119)

The purpose of this appropriation is to conduct research about economically and environmentally sound forest resources management and to assist non-

industrial forest landowners and natural resources professionals in complying with state and federal regulations.

TOTAL STATE FUNDS

$3,131,681

$3,131,681

$3,131,681

$3,131,681

State General Funds

$3,131,681

$3,131,681

$3,131,681

$3,131,681

TOTAL AGENCY FUNDS

$3,950,426

$3,950,426

$3,950,426

$3,950,426

Intergovernmental Transfers

$3,400,426

$3,400,426

$3,400,426

$3,400,426

6014

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized Sales and Services
Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$3,400,426 $550,000 $550,000
$7,082,107

$3,400,426 $550,000 $550,000
$7,082,107

$3,400,426 $550,000 $550,000
$7,082,107

$3,400,426 $550,000 $550,000
$7,082,107

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

$1,500,000 $1,500,000 $1,500,000

$1,500,000 $1,500,000 $1,500,000

$1,500,000 $1,500,000 $1,500,000

$1,500,000 $1,500,000 $1,500,000

297.1 Eliminate funds received in HB990 (FY09G) for eminent scholars at Georgia Southern University and Kennesaw State University.

State General Funds

($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000)

297.99 CC: The purpose of this appropriation is to attract eminent scholars to the faculties of University System of Georgia institutions by providing state grants to match private funds of institutions of the University System of Georgia and their foundations for the purpose of endowing chairs.

State General Funds

$0

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

298.99

CC: The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy. Senate: The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and Radiation Therapy.

State General Funds

$0

$0

298.100-Georgia Radiation Therapy Center

Appropriation (HB 119)

The purpose of this appropriation is to provide care and treatment for cancer patients and to administer baccalaureate programs in Medical Dosimetry and

Radiation Therapy.

FRIDAY, APRIL 3, 2009

6015

TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized
TOTAL PUBLIC FUNDS

$3,625,810 $3,625,810 $3,625,810 $3,625,810

$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

$8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

$8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

$8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

$8,052,902 $8,052,902 $148,917,958 $91,469,736 $91,469,736 $42,748,222 $42,748,222 $14,700,000 $14,700,000 $156,970,860

299.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$91,425

$91,425

$91,425

$91,425

299.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($336,356)

($336,356)

($336,356)

($336,356)

299.3 Reduce funds by eliminating two filled positions.

State General Funds

($334,589)

($334,589)

($334,589)

($334,589)

299.4 Reduce funds from operations.

State General Funds

($316,957)

($316,957)

($316,957)

($316,957)

299.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$32,169

$32,169

$32,169

$32,169

299.6 Eliminate funds for the start-up of the worker safety technology program.

State General Funds

($141,014)

($141,014)

($141,014)

($141,014)

299.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($70,476)

($70,476)

($70,476)

($70,476)

299.99 CC: The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in Georgia. Senate: The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology

6016

JOURNAL OF THE HOUSE

whose scientific, engineering, industrial, or policy research promotes economic development, health, and safety in Georgia.

State General Funds

$0

$0

299.100-Georgia Tech Research Institute

Appropriation (HB 119)

The purpose of this appropriation is to provide funding to laboratories and research centers affiliated with the Georgia Institute of Technology whose scientific,

engineering, industrial, or policy research promotes economic development, health, and safety in Georgia.

TOTAL STATE FUNDS

$6,977,104

$6,977,104

$6,977,104

$6,977,104

State General Funds

$6,977,104

$6,977,104

$6,977,104

$6,977,104

TOTAL AGENCY FUNDS

$148,917,958 $148,917,958 $148,917,958 $148,917,958

Intergovernmental Transfers

$91,469,736 $91,469,736 $91,469,736 $91,469,736

Intergovernmental Transfers Not Itemized

$91,469,736 $91,469,736 $91,469,736 $91,469,736

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

$14,700,000 $14,700,000 $14,700,000 $14,700,000

Sales and Services Not Itemized

$14,700,000 $14,700,000 $14,700,000 $14,700,000

TOTAL PUBLIC FUNDS

$155,895,062 $155,895,062 $155,895,062 $155,895,062

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

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

$994,601 $994,601 $435,281 $367,648 $367,648
$67,633 $67,633 $1,429,882

300.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$8,708

$8,708

$8,708

$8,708

300.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($6,608)

($6,608)

($6,608)

($6,608)

300.3 Reduce funds by eliminating five vacant positions.

State General Funds

($43,831)

($43,831)

($43,831)

($43,831)

300.4 Reduce funds from operations.

State General Funds

($5,500)

($5,500)

($5,500)

($5,500)

FRIDAY, APRIL 3, 2009

6017

300.5 Replace funds and increase the overnight visit fee by 60%, and the resident housing facility fee for utilities, charge additional fees for the use of vehicle and truck fuel usage reimbursement, and effective September 1, 2008 begin charging residents 100% of their power bill.

State General Funds Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS

($51,000) $51,000
$0

($51,000) $51,000
$0

($51,000) $51,000
$0

($51,000) $51,000
$0

300.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$4,271

$4,271

$4,271

$4,271

300.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($9,006)

($9,006)

($9,006)

($9,006)

300.99

CC: The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast. Senate: The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast.

State General Funds

$0

$0

300.100-Marine Institute

Appropriation (HB 119)

The purpose of this appropriation is to support research on coastal processes involving the unique ecosystems of the Georgia coastline and to provide access

and facilities for graduate and undergraduate classes to conduct field research on the Georgia coast.

TOTAL STATE FUNDS

$891,635

$891,635

$891,635

$891,635

State General Funds

$891,635

$891,635

$891,635

$891,635

TOTAL AGENCY FUNDS

$486,281

$486,281

$486,281

$486,281

Intergovernmental Transfers

$367,648

$367,648

$367,648

$367,648

Intergovernmental Transfers Not Itemized

$367,648

$367,648

$367,648

$367,648

Rebates, Refunds, and Reimbursements

$118,633

$118,633

$118,633

$118,633

Rebates, Refunds, and Reimbursements Not Itemized

$118,633

$118,633

$118,633

$118,633

TOTAL PUBLIC FUNDS

$1,377,916

$1,377,916

$1,377,916

$1,377,916

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

$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800

$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800

$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800

$1,628,349 $1,628,349 $1,345,529
$760,729 $760,729
$90,000 $90,000 $494,800

6018

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$494,800 $2,973,878

$494,800 $2,973,878

$494,800 $2,973,878

$494,800 $2,973,878

301.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$16,316

$16,316

$16,316

$16,316

301.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($9,496)

($9,496)

($9,496)

($9,496)

301.3 Reduce funds by eliminating two positions.

State General Funds

($98,680)

($98,680)

($98,680)

($98,680)

301.4 Reduce funds from operations.

State General Funds

($65,555)

($65,555)

($65,555)

($65,555)

301.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$9,110

$9,110

$9,110

$9,110

301.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($14,800)

($14,800)

($14,800)

($14,800)

301.99 CC: The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. Senate: The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability.

State General Funds

$0

$0

301.100-Marine Resources Extension Center

Appropriation (HB 119)

The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability.

TOTAL STATE FUNDS

$1,465,244

$1,465,244

$1,465,244

$1,465,244

State General Funds

$1,465,244

$1,465,244

$1,465,244

$1,465,244

TOTAL AGENCY FUNDS

$1,345,529

$1,345,529

$1,345,529

$1,345,529

Intergovernmental Transfers

$760,729

$760,729

$760,729

$760,729

Intergovernmental Transfers Not Itemized

$760,729

$760,729

$760,729

$760,729

Rebates, Refunds, and Reimbursements

$90,000

$90,000

$90,000

$90,000

Rebates, Refunds, and Reimbursements Not Itemized

$90,000

$90,000

$90,000

$90,000

Sales and Services

$494,800

$494,800

$494,800

$494,800

Sales and Services Not Itemized

$494,800

$494,800

$494,800

$494,800

TOTAL PUBLIC FUNDS

$2,810,773

$2,810,773

$2,810,773

$2,810,773

Medical College of Georgia Hospital and Clinics The purpose of this appropriation is to care, teach, and refer clients.

Continuation Budget

FRIDAY, APRIL 3, 2009

6019

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$33,921,721 $33,921,721 $33,921,721

$33,921,721 $33,921,721 $33,921,721

$33,921,721 $33,921,721 $33,921,721

$33,921,721 $33,921,721 $33,921,721

302.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$343,591

$343,591

$343,591

$343,591

302.99

CC: The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care. Senate: The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency and express care.

State General Funds

$0

$0

302.100-Medical College of Georgia Hospital and Clinics

Appropriation (HB 119)

The purpose of this appropriation is to provide medical education and patient care, including ambulatory, trauma, cancer, neonatal intensive, and emergency

and express care.

TOTAL STATE FUNDS

$34,265,312 $34,265,312 $34,265,312 $34,265,312

State General Funds

$34,265,312 $34,265,312 $34,265,312 $34,265,312

TOTAL PUBLIC FUNDS

$34,265,312 $34,265,312 $34,265,312 $34,265,312

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

$906,390 $906,390 $906,390

$906,390 $906,390 $906,390

$906,390 $906,390 $906,390

$906,390 $906,390 $906,390

303.98 Transfer all funds and activities to the Small Business Development Center Public Service Institute in the Teaching program.

State General Funds

($906,390)

($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

$16,087,799 $0
$16,087,799 $16,087,799

$16,087,799 $0
$16,087,799 $16,087,799

$16,087,799 $0
$16,087,799 $16,087,799

($906,390)
$16,087,799 $0
$16,087,799 $16,087,799

304.1 Reduce funds from coalition operations. Tobacco Settlement Funds

($145,000)

($145,000)

($145,000)

($145,000)

6020

JOURNAL OF THE HOUSE

304.2 Reduce funds from the Regional Cancer Coalition.

State General Funds Tobacco Settlement Funds TOTAL PUBLIC FUNDS

($150,000)

$150,000 ($150,000)
$0

$0 ($150,000) ($150,000)

304.3 Eliminate funds for the Quality Information Exchange.

Tobacco Settlement Funds

($4,283,333) ($4,283,333) ($4,283,333)

304.99 CC: The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention. Senate: The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention.

$0 ($150,000) ($150,000)
($4,283,333)

State General Funds

$0

304.100-Payments to the Georgia Cancer Coalition

Appropriation (HB 119)

The purpose of this appropriation is to provide funds to the Cancer Coalition for ongoing research and prevention.

TOTAL STATE FUNDS

$11,509,466 $11,659,466 $11,509,466

State General Funds

$150,000

Tobacco Settlement Funds

$11,509,466 $11,509,466 $11,509,466

TOTAL PUBLIC FUNDS

$11,509,466 $11,659,466 $11,509,466

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

$41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055

$41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055

$41,748,655 $41,748,655
$4,522,400 $4,522,400 $4,522,400 $46,271,055

$0
$11,509,466 $11,509,466 $11,509,466
$41,748,655 $41,748,655 $4,522,400 $4,522,400 $4,522,400 $46,271,055

305.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$259,116

$259,116

$259,116

$259,116

305.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($7,291)

($7,291)

($7,291)

($7,291)

305.3 Reduce funds by eliminating one staff position.

State General Funds

($106,400)

($106,400)

($106,400)

($106,400)

305.4 Reduce funds from operations.

State General Funds

($560,842)

($560,842)

($560,842)

($560,842)

305.5 Reduce funds from public library state grants.

FRIDAY, APRIL 3, 2009

6021

State General Funds

($1,793,380) ($1,793,380) ($1,793,380) ($1,793,380)

305.6 Reduce funds from the public library state grants by eliminating major repair and rehabilitation (MRR) funds.

State General Funds

($900,000)

($900,000)

($900,000)

($900,000)

305.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$21,683

$21,683

$21,683

$21,683

305.8 Increase funds for the New Directions formula based on an increase in state population.

State General Funds

$245,573

$245,573

$245,573

$245,573

305.9 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($18,409)

($7,548)

$0

$0

305.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($389,071)

($389,071)

($389,071)

($389,071)

305.99

CC: The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs. Senate: The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to information for all Georgians regardless of geographic location or special needs.

State General Funds

$0

$0

305.100-Public Libraries

Appropriation (HB 119)

The purpose of this appropriation is to award grants from the Public Library Fund, promote literacy, and provide library services that facilitate access to

information for all Georgians regardless of geographic location or special needs.

TOTAL STATE FUNDS

$38,499,634 $38,510,495 $38,518,043 $38,518,043

State General Funds

$38,499,634 $38,510,495 $38,518,043 $38,518,043

TOTAL AGENCY FUNDS

$4,522,400

$4,522,400

$4,522,400

$4,522,400

Intergovernmental Transfers

$4,522,400

$4,522,400

$4,522,400

$4,522,400

Intergovernmental Transfers Not Itemized

$4,522,400

$4,522,400

$4,522,400

$4,522,400

TOTAL PUBLIC FUNDS

$43,022,034 $43,032,895 $43,040,443 $43,040,443

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

$52,665,927 $47,665,927 $5,000,000 $52,665,927

$52,665,927 $47,665,927 $5,000,000 $52,665,927

$52,665,927 $47,665,927
$5,000,000 $52,665,927

$52,665,927 $47,665,927
$5,000,000 $52,665,927

6022

JOURNAL OF THE HOUSE

306.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$357,680

$357,680

$357,680

$357,680

306.2 Reduce funds from Salary Annualizer.

State General Funds

($1,940,840) ($1,940,840) ($1,940,840) ($1,940,840)

306.3 Reduce funds from Accountability Plus operations.

State General Funds

($64,008)

($64,008)

($64,008)

($64,008)

306.4 Reduce funds from the Fort Valley State University land grant match.

State General Funds

($30,932)

($30,932)

($30,932)

($30,932)

306.5 Reduce funds from GALILEO.

State General Funds

($339,500)

($339,500)

($339,500)

($339,500)

306.6 Reduce funds from GAMES. (S:Eliminate funds for GAMES)

State General Funds

($37,500)

($37,500)

($375,000)

$0

306.7 Reduce funds from Georgia Gwinnett College.

State General Funds

($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000)

306.8 Reduce funds from Griffin Extension Teaching.

State General Funds

($91,200)

($91,200)

($91,200)

($91,200)

306.9 Reduce funds from Historically Black Colleges and Universities (HBCU) operations.

State General Funds

($208,227)

($208,227)

($208,227)

($208,227)

306.10 Reduce funds from the Intellectual Capital Partnership Program (ICAPP). (S:Eliminate funds for ICAPP)

State General Funds

($448,139)

($448,139) ($4,481,389)

$0

306.11 Reduce funds from ICAPP Health. (S:Eliminate funds for ICAPP Health)

State General Funds

($82,006)

($82,006)

($820,055)

($82,006)

306.12 Reduce funds from the Leadership Institute. (S:Restore funds for Georgia's Leadership Institute for School Improvement (GLISI) and transition to selfsufficiency)(CC:Restore $700,000 to GLISI and take remaining reduction to the Leadership Institute in line 306.24)

State General Funds

($1,384,561) ($1,384,561)

($684,561)

$0

306.13 Reduce funds from Medical College of Georgia (MCG) Mission Related research activities.

State General Funds

($268,900)

($268,900) ($5,689,000)

($268,900)

306.14 Reduce funds from MCG Nurse Anesthetist program.

State General Funds

($36,133)

($36,133)

($36,133)

($36,133)

306.15 Reduce funds from P-16 through the consolidation and elimination of certain functions providing support and services to institutions, schools, faculty, teachers, and students. (S:Eliminate funds)

State General Funds

($96,286)

($96,286)

($734,855)

$0

FRIDAY, APRIL 3, 2009

6023

306.16 Eliminate funds for the Enhancing Access initiative.

State General Funds

($182,360)

($182,360)

($182,360)

($182,360)

306.17 Eliminate funds for the Georgia College and State University Liberal Arts Mission.

State General Funds

($1,237,275) ($1,237,275)

$0

$0

306.18 Eliminate funds for the North Georgia College and State University Leadership Initiative.

State General Funds

($600,079)

($600,079)

$0

$0

306.19 Eliminate one-time funds for the Medical College of Georgia Mission Related Special Funding Initiative. (H and CC:Restore funds)

State General Funds

($5,000,000)

$0 ($5,000,000)

$0

306.20 Reduce funds from the Washington Center for Internships.

State General Funds

($45,000)

($45,000)

($45,000)

($45,000)

306.21 Reduce funds from the Oxford Study Abroad Program.

State General Funds

($75,000)

($75,000)

($25,000)

$0

306.22 Reduce funds from ICAPP Health to collect data on nursing educators.

State General Funds

($27,430)

($27,430)

$0

$0

306.23 Eliminate one-time funds for the data mart.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

306.24 Reduce funds to reflect the revised revenue estimate. (CC:Reduce funds and realize savings from efficiencies in GAMES, ICAPP, GLISI, and P-16)

State General Funds

($335,282)

($335,282)

$0 ($6,303,235)

306.25 Increase funds for library books needed for accreditation ($1,000,000) and for ten additional faculty to accommodate growing enrollment ($1,000,000) at Georgia Gwinnett College.

State General Funds

$2,000,000

$2,000,000

$2,000,000

306.99 CC: The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula. Senate: The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula.

State General Funds

$0

$0

306.100-Public Service / Special Funding Initiatives

Appropriation (HB 119)

The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula.

TOTAL STATE FUNDS

$38,192,949 $45,192,949 $31,975,547 $43,131,266

State General Funds

$33,192,949 $40,192,949 $26,975,547 $38,131,266

Tobacco Settlement Funds

$5,000,000

$5,000,000

$5,000,000

$5,000,000

TOTAL PUBLIC FUNDS

$38,192,949 $45,192,949 $31,975,547 $43,131,266

Regents Central Office

Continuation Budget

6024

JOURNAL OF THE HOUSE

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

$7,981,264 $7,981,264 $7,981,264

$7,981,264 $7,981,264 $7,981,264

$7,981,264 $7,981,264 $7,981,264

$7,981,264 $7,981,264 $7,981,264

307.1 Defer the FY09 cost of living adjustment.

State General Funds

($74,640)

($74,640)

($74,640)

($74,640)

307.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($21,262)

($21,262)

($21,262)

($21,262)

307.3 Reduce funds from payments to the Southern Regional Education Board by reducing the number of slots for students studying optometry and begin a four-year phase out of slots for students studying osteopathic medicine.

State General Funds

($123,235)

($123,235)

($123,235)

($123,235)

307.4 Reduce funds from personnel.

State General Funds

($337,446)

($337,446)

($337,446)

($337,446)

307.5 Reduce funds from operations.

State General Funds

($337,445)

($337,445)

($337,445)

($337,445)

307.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$44,057

$44,057

$44,057

$44,057

307.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($71,313)

($71,313)

($71,313)

($71,313)

307.8 Reduce funds to reflect savings from HB700 (2009 Session). (CC:Reduce funds from operations)

State General Funds

($2,100,000)

$0

($282,000)

307.99

CC: The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern Regional Education Board. Senate: The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern Regional Education Board.

State General Funds

$0

$0

307.100-Regents Central Office

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to institutions of the University System of Georgia and to fund membership in the Southern

Regional Education Board.

TOTAL STATE FUNDS

$7,059,980

$4,959,980

$7,059,980

$6,777,980

State General Funds

$7,059,980

$4,959,980

$7,059,980

$6,777,980

TOTAL PUBLIC FUNDS

$7,059,980

$4,959,980

$7,059,980

$6,777,980

FRIDAY, APRIL 3, 2009

6025

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

$32,183,995 $31,433,995
$750,000 $32,183,995

$32,183,995 $31,433,995
$750,000 $32,183,995

$32,183,995 $31,433,995
$750,000 $32,183,995

$32,183,995 $31,433,995
$750,000 $32,183,995

308.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$175,171

$175,171

$175,171

$175,171

308.2 Reduce funds from personnel.

State General Funds

($158,309)

($158,309)

($158,309)

($158,309)

308.3 Reduce funds from operations. (CC:Restore funds for Advanced Communications at Georgia Tech and Georgia Southern)

State General Funds

($3,301,983) ($3,031,983) ($3,301,983) ($3,031,983)

308.4 Eliminate funds for the Georgia Environmental Partnership.

State General Funds

($711,620)

($711,620)

($711,620)

($711,620)

308.5 Eliminate funds for the Traditional Industries activity. (S:Restore funds for forestry, textile, and biomass projects)(CC:Restore funds for traditional industries including biomass)

State General Funds

($3,114,511) ($3,114,511) ($1,500,000) ($1,500,000)

308.6 Reduce funds from the Vaccine Initiative Collaboration grants. (CC:Reduce funds for the Georgia Research Alliance)

State General Funds

($1,000,000) ($1,000,000) ($1,000,000) ($1,000,000)

308.7 Reduce funds from the Technology Partnership grants. (CC:Reduce funds for the Georgia Research Alliance)

State General Funds

($710,413)

($710,413)

($710,413)

($710,413)

308.8 Eliminate funds for the Bio-Refinery.

State General Funds

($400,000)

($400,000)

$0

($200,000)

308.9 Reduce funds to reflect the revised revenue estimate.

State General Funds

($222,123)

($222,123)

($222,123)

($222,123)

308.10 Increase funds for the Food Processing/Research Initiative of the Traditional Industries Program.

State General Funds

$1,500,000

$1,500,000

$1,500,000

308.99

CC: The purpose of this appropriation is to support research and development activities at Georgia's research universities, including the Georgia Research Alliance and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. The purpose of this appropriation is also to provide the Georgia Research Alliance funds to establish endowments in partnership with the private sector to recruit scientists to Georgia's research universities, provide seed grants to Georgia Research Alliance Eminent Scholars and their research colleagues, provide commercialization grants that launch new Georgia-based companies around university research, and provide seed investment capital to selected start-up companies.

6026

JOURNAL OF THE HOUSE

Senate: The purpose of this appropriation is to support research and development activities at Georgia's research universities, including the Georgia Research Alliance and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. The purpose of this appropriation is also to provide the Georgia Research Alliance funds to establish endowments in partnership with the private sector to recruit scientists to Georgia's research universities, provide seed grants to Georgia Research Alliance Eminent Scholars and their research colleagues, provide commercialization grants that launch new Georgia-based companies around university research, and provide seed investment capital to selected start-up companies.

State General Funds

$0

$0

308.100-Research Consortium

Appropriation (HB 119)

The purpose of this appropriation is to support research and development activities at Georgia's research universities, including the Georgia Research Alliance

and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. The purpose of this appropriation is

also to provide the Georgia Research Alliance funds to establish endowments in partnership with the private sector to recruit scientists to Georgia's research

universities, provide seed grants to Georgia Research Alliance Eminent Scholars and their research colleagues, provide commercialization grants that launch

new Georgia-based companies around university research, and provide seed investment capital to selected start-up companies.

TOTAL STATE FUNDS

$22,740,207 $24,510,207 $26,254,718 $26,324,718

State General Funds

$21,990,207 $23,760,207 $25,504,718 $25,574,718

Tobacco Settlement Funds

$750,000

$750,000

$750,000

$750,000

TOTAL PUBLIC FUNDS

$22,740,207 $24,510,207 $26,254,718 $26,324,718

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

$1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972

$1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972

$1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972

$1,756,972 $1,756,972 $4,645,000 $3,500,000 $3,500,000 $1,145,000 $1,145,000 $6,401,972

309.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$14,423

$14,423

$14,423

$14,423

309.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($24,055)

($24,055)

($24,055)

($24,055)

309.3 Reduce funds by eliminating one filled position.

State General Funds

($72,500)

($72,500)

($72,500)

($72,500)

FRIDAY, APRIL 3, 2009

6027

309.4 Reduce funds by eliminating one vacant position.

State General Funds

($46,324)

($46,324)

($46,324)

($46,324)

309.5 Reduce funds by capping the employer premium for employee health insurance at the employer premium level paid for employee Preferred Provider Organization (PPO) health insurance.

State General Funds

($22,888)

($22,888)

($22,888)

($22,888)

309.6 Reduce funds designated for new and replacement research equipment purchases.

State General Funds

($35,428)

($35,428)

($35,428)

($35,428)

309.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$9,543

$9,543

$9,543

$9,543

309.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($15,797)

($15,797)

($15,797)

($15,797)

309.99 CC: The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. Senate: The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments.

State General Funds

$0

$0

309.100-Skidaway Institute of Oceanography

Appropriation (HB 119)

The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments.

TOTAL STATE FUNDS

$1,563,946

$1,563,946

$1,563,946

$1,563,946

State General Funds

$1,563,946

$1,563,946

$1,563,946

$1,563,946

TOTAL AGENCY FUNDS

$4,645,000

$4,645,000

$4,645,000

$4,645,000

Intergovernmental Transfers

$3,500,000

$3,500,000

$3,500,000

$3,500,000

Intergovernmental Transfers Not Itemized

$3,500,000

$3,500,000

$3,500,000

$3,500,000

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

$6,208,946

$6,208,946

$6,208,946

$6,208,946

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

$322,377 $322,377 $322,377

$322,377 $322,377 $322,377

$322,377 $322,377 $322,377

$322,377 $322,377 $322,377

310.1 Eliminate funds. (S:Reduce funds) State General Funds

($322,377)

($322,377)

($222,377)

($322,377)

6028

JOURNAL OF THE HOUSE

310.100-Student Education Enrichment Program

Appropriation (HB 119)

The purpose of this appropriation is to provide underrepresented Georgia residents the opportunity to acquire educational experiences.

TOTAL STATE FUNDS

$100,000

State General Funds

$100,000

TOTAL PUBLIC FUNDS

$100,000

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

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

$1,970,307,554 $1,970,307,554 $2,875,057,996 $1,528,125,138 $1,528,125,138
$40,013,772 $40,013,772 $1,306,919,086 $1,306,919,086 $4,845,365,550

311.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$22,046,660 $22,046,660

311.2 Reduce funds from the Carl Vinson Institute of Government.

State General Funds

($584,170)

($584,170)

311.3 Reduce funds from the Fiscal Research Center.

State General Funds

($50,666)

($50,666)

311.4 Reduce funds from the Georgia Center for Communications.

State General Funds

($17,446)

($17,446)

311.5 Reduce funds from the Health Policy Center.

State General Funds

($23,076)

($23,076)

311.6 Reduce funds from the Institute of Higher Education. (S:Eliminate the Institute of Higher Education)

State General Funds

($223,142)

($223,142)

311.7 Reduce funds from the Rusk Center.

State General Funds

($46,653)

($46,653)

311.8 Reduce funds from the Small Business Development Center.

State General Funds

($359,111)

($359,111)

$22,046,660 ($584,170) ($50,666) ($17,446) ($23,076)
($2,231,419) ($46,653) ($359,111)

$22,046,660 ($584,170) ($50,666) ($17,446) ($23,076) $0 ($46,653) ($359,111)

FRIDAY, APRIL 3, 2009

6029

311.9 Reduce funds from the University Press.

State General Funds

($97,870)

($97,870)

($97,870)

($97,870)

311.10 Reduce funds from the A.L. Burress Institute.

State General Funds

($13,209)

($13,209)

($13,209)

($13,209)

311.11 Increase funds for Resident Instruction based on a 4% increase in credit hours ($79,372,501), maintenance and operations based on an increase in square footage ($9,562,873), retiree funding ($5,768,742), and health insurance ($14,978,876). (H and S:Reduce health insurance increase by $1,000,000.)

State General Funds

$109,682,992 $108,682,992 $108,682,992 $108,682,992

311.12 Reduce funds from Resident Instruction. (H and CC:Provide for an additional reduction)

State General Funds

($184,493,021) ($199,756,809) ($194,298,489) ($199,756,809)

311.13 Increase funds for the Medical College of Georgia for faculty and operating expenses to expand the medical school's capacity.

State General Funds

$7,751,276

$7,751,276

$7,751,276

$7,751,276

311.14 Reduce funds to offset new admissions fee at the Bamboo Farm.

State General Funds

($180,000)

($180,000)

($180,000)

($180,000)

311.15 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$5,016,655

$5,016,655

$5,016,655

$5,016,655

311.16

Reduce funds for the Strengthening Georgia's Families and Communities Initiative at UGA ($250,000), the UGA School of Ecology ($50,000), the South Georgia Regional Education Consortium ($25,000), Georgia Tech Regional Engineering Program ($1,000,000), the Georgia Aviation College Transfer Initiative ($3,691,765), one-time funding for Georgia Partnership for Reform in Science and Mathematics ($600,000), one-time funds for a Lottery Study ($250,000), and Kennesaw State University Disadvantaged Youth Program ($200,000). (S and CC:Restore funds for the Georgia Aviation College Transfer Initiative)

State General Funds

($6,066,765) ($6,066,765) ($2,375,000) ($2,375,000)

311.17

Reduce funds for Georgia Tech Regional Engineering Program Tidal Power Study ($20,000), Braille College Text Materials ($300,000), Cyber Crime and Homeland Security Facility at Armstrong Atlantic ($63,900), Collegiate Sports Program for Students with Disabilities ($773,080), Darton CollegeCordele Roof Repair ($75,000), Georgia Southern IT Program ($1,828,418), UGA-Aquarium ($780,000), Center for High Angular Resolution Astronomy Array ($220,000), Georgia State University Salary Survey ($28,300), and UGA Griffin Campus-Infrastructure ($800,000). (H and S:Restore funds for the Georgia Southern IT Program ($1,828,418), the for UGA-Aquarium ($1,400,000), and the CHARA-Array ($75,000))

State General Funds

($4,888,698) ($1,585,280) ($1,585,280) ($1,585,280)

311.18 Reduce funds to reflect the revised revenue estimate.

State General Funds

($19,529,330) ($19,529,330) ($19,529,330) ($19,529,330)

311.19 Recognize funds from the American Recovery and Reinvestment Act of 2009.

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($92,617,896) $92,617,896
$0

($92,617,896) $92,617,896
$0

($92,617,896) $92,617,896
$0

($92,617,896) $92,617,896
$0

6030

JOURNAL OF THE HOUSE

311.20 Reduce funds from the Early College program.

State General Funds

($1,200,000)

$0

311.21 Reduce funds and realize savings from efficiencies in the Institute of Higher Education and the Early College programs.

State General Funds

($3,431,419)

311.98 Transfer all funds and activities from the Office of Minority Business Enterprises program to the Small Business Development Center Public Service Institute.

State General Funds

$906,390

$906,390

$906,390

$906,390

311.99

CC: The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student instruction and to establish and operate other initiatives that promote, support, or extend student learning. Senate: The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student instruction and to establish and operate other initiatives that promote, support, or extend student learning.

State General Funds

$0

$0

311.100 -Teaching

Appropriation (HB 119)

The purpose of this appropriation is provide funds to the Board of Regents for annual allocations to University System of Georgia institutions for student

instruction and to establish and operate other initiatives that promote, support, or extend student learning.

TOTAL STATE FUNDS

$1,806,520,474 $1,793,560,104 $1,799,501,912 $1,794,043,592

State General Funds

$1,806,520,474 $1,793,560,104 $1,799,501,912 $1,794,043,592

TOTAL FEDERAL FUNDS

$92,617,896 $92,617,896 $92,617,896 $92,617,896

American Recovery and Reinvestment Act of 2009

$92,617,896 $92,617,896 $92,617,896 $92,617,896

TOTAL AGENCY FUNDS

$2,875,057,996 $2,875,057,996 $2,875,057,996 $2,875,057,996

Intergovernmental Transfers

$1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138

Intergovernmental Transfers Not Itemized

$1,528,125,138 $1,528,125,138 $1,528,125,138 $1,528,125,138

Rebates, Refunds, and Reimbursements

$40,013,772 $40,013,772 $40,013,772 $40,013,772

Rebates, Refunds, and Reimbursements Not Itemized

$40,013,772 $40,013,772 $40,013,772 $40,013,772

Sales and Services

$1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086

Sales and Services Not Itemized

$1,306,919,086 $1,306,919,086 $1,306,919,086 $1,306,919,086

TOTAL PUBLIC FUNDS

$4,774,196,366 $4,761,235,996 $4,767,177,804 $4,761,719,484

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

$3,504,264 $3,504,264 $3,504,264

$3,504,264 $3,504,264 $3,504,264

$3,504,264 $3,504,264 $3,504,264

$3,504,264 $3,504,264 $3,504,264

312.1 Annualize the cost of the FY09 salary adjustment.

FRIDAY, APRIL 3, 2009

6031

State General Funds

$32,149

$32,149

$32,149

$32,149

312.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($24,218)

($24,218)

($24,218)

($24,218)

312.3 Reduce funds by eliminating seven vacant positions.

State General Funds

($134,237)

($134,237)

($134,237)

($134,237)

312.4 Reduce funds from research projects.

State General Funds

($207,699)

($207,699)

$0

($207,699)

312.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$17,213

$17,213

$17,213

$17,213

312.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($31,875)

($31,875)

($31,875)

($31,875)

312.99

CC: The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention. Senate: The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention.

State General Funds

$0

$0

312.100-Veterinary Medicine Experiment Station

Appropriation (HB 119)

The purpose of this appropriation is to coordinate and conduct research at the University of Georgia on animal disease problems of present and potential

concern to Georgia's livestock and poultry industries and to provide training and education in disease research, surveillance, and intervention.

TOTAL STATE FUNDS

$3,155,597

$3,155,597

$3,363,296

$3,155,597

State General Funds

$3,155,597

$3,155,597

$3,363,296

$3,155,597

TOTAL PUBLIC FUNDS

$3,155,597

$3,155,597

$3,363,296

$3,155,597

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

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

$568,339 $568,339 $9,621,951 $9,621,951 $9,621,951 $10,190,290

6032

JOURNAL OF THE HOUSE

313.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$3,656

$3,656

$3,656

$3,656

313.2 Reduce funds to reflect an adjustment in the employer share of University System of Georgia Health Plan premiums from 75% to 70%.

State General Funds

($31,051)

($31,051)

($31,051)

($31,051)

313.3 Reduce funds by eliminating two vacant positions.

State General Funds

($57,200)

($57,200)

$0

$0

313.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$2,210

$2,210

$2,210

$2,210

313.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,860)

($4,860)

($4,860)

($4,860)

313.99

CC: The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation. Senate: The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation.

State General Funds

$0

$0

313.100-Veterinary Medicine Teaching Hospital

Appropriation (HB 119)

The purpose of this appropriation is to provide clinical instruction for veterinary medicine students, support research that enhances the health and welfare of

production and companion animals in Georgia, and address the shortage of veterinarians in Georgia and the nation.

TOTAL STATE FUNDS

$481,094

$481,094

$538,294

$538,294

State General Funds

$481,094

$481,094

$538,294

$538,294

TOTAL AGENCY FUNDS

$9,621,951

$9,621,951

$9,621,951

$9,621,951

Sales and Services

$9,621,951

$9,621,951

$9,621,951

$9,621,951

Sales and Services Not Itemized

$9,621,951

$9,621,951

$9,621,951

$9,621,951

TOTAL PUBLIC FUNDS

$10,103,045 $10,103,045 $10,160,245 $10,160,245

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

$3,062,916 $3,062,916 $3,062,916

$3,062,916 $3,062,916 $3,062,916

$3,062,916 $3,062,916 $3,062,916

$3,062,916 $3,062,916 $3,062,916

314.1 Reduce funds from the Preparatory School. State General Funds 314.2 Reduce funds from the Junior College.

($204,308)

($204,308)

($204,308)

($204,308)

FRIDAY, APRIL 3, 2009

6033

State General Funds

($101,984)

($101,984)

($101,984)

($101,984)

314.3 Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 17.245%. (H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan contributions from 18.534% to 18.046% in order to restore the expected teacher contribution to 25% of the cost of the plan)

State General Funds

($21,043)

($8,628)

$0

$0

314.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($27,566)

($27,566)

($27,566)

($27,566)

314.99

CC: The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military College and preparatory school. Senate: The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military College and preparatory school.

State General Funds

$0

$0

314.100-Payments to Georgia Military College

Appropriation (HB 119)

The purpose of this appropriation is to provide quality basic education funding for grades six through twelve at Georgia Military College's Junior Military

College and preparatory school.

TOTAL STATE FUNDS

$2,708,015

$2,720,430

$2,729,058

$2,729,058

State General Funds

$2,708,015

$2,720,430

$2,729,058

$2,729,058

TOTAL PUBLIC FUNDS

$2,708,015

$2,720,430

$2,729,058

$2,729,058

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

$18,191,543 $18,191,543 $18,191,543

$18,191,543 $18,191,543 $18,191,543

$18,191,543 $18,191,543 $18,191,543

$18,191,543 $18,191,543 $18,191,543

315.1 Defer the FY09 cost of living adjustment.

State General Funds

($102,859)

($102,859)

($102,859)

($102,859)

315.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($318,329)

($275,082)

$0

$0

315.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

6034

JOURNAL OF THE HOUSE

State General Funds

$105,041

$105,041

$105,041

$105,041

315.4 Reduce funds from personnel and operations.

State General Funds

($1,629,797) ($1,629,797) ($1,629,797) ($1,629,797)

315.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($162,631)

($162,631)

($162,631)

($162,631)

315.6 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($2,340)

($2,340)

($2,340)

315.99

CC: The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and enrich the quality of their lives. Senate: The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and enrich the quality of their lives.

State General Funds

$0

$0

315.100-Payments to Public Telecommunications Commission, Georgia

Appropriation (HB 119)

The purpose of this appropriation is to create, produce, and distribute high quality programs and services that educate, inform, and entertain audiences and

enrich the quality of their lives.

TOTAL STATE FUNDS

$16,082,968 $16,123,875 $16,398,957 $16,398,957

State General Funds

$16,082,968 $16,123,875 $16,398,957 $16,398,957

TOTAL PUBLIC FUNDS

$16,082,968 $16,123,875 $16,398,957 $16,398,957

Section 40: Revenue, 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 PUBLIC FUNDS

Section Total - Continuation

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

$557,498,041 $557,348,041
$150,000 $397,422 $397,422 $22,244,548 $3,322,469 $4,342,000 $14,580,079 $580,140,011

TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds

Section Total - Final

$111,633,621 $104,504,143

$111,483,621 $104,354,143

$150,000

$150,000

$116,131,087 $115,981,087
$150,000

$113,235,387 $113,085,387
$150,000

FRIDAY, APRIL 3, 2009

6035

TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Reserved Fund Balances Intergovernmental Transfers Sales and Services
TOTAL PUBLIC FUNDS

$397,422 $397,422 $21,817,779 $2,895,700 $4,342,000 $14,580,079 $133,848,822

$397,422 $397,422 $21,817,779 $2,895,700 $4,342,000 $14,580,079 $126,719,344

$397,422 $397,422 $11,410,135
$11,410,135 $127,938,644

$397,422 $397,422 $14,305,835 $2,895,700
$11,410,135 $127,938,644

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

$11,464,238 $11,464,238 $2,110,135 $2,110,135
$2,110,135 $13,574,373

$11,464,238 $11,464,238 $2,110,135 $2,110,135 $2,110,135 $13,574,373

$11,464,238 $11,464,238
$2,110,135 $2,110,135 $2,110,135 $13,574,373

$11,464,238 $11,464,238 $2,110,135 $2,110,135
$2,110,135 $13,574,373

316.1 Defer the FY09 cost of living adjustment.

State General Funds

($101,204)

($101,204)

($101,204)

($101,204)

316.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($369,988)

($319,723)

$0

$0

316.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($73,908)

($73,908)

($73,908)

($73,908)

316.4 Reduce funds by eliminating five vacant positions.

State General Funds

($332,218)

($332,218)

($332,218)

($332,218)

316.5 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($83,188)

($83,188)

($83,188)

($83,188)

316.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($119,518)

($119,518)

($119,518)

($119,518)

316.7 Reduce funds designated for telecommunications added in HB1027 (FY07G). (S and CC:Use funds for ongoing expenses related to additional telephone line capacity at the customer service call center)

6036

JOURNAL OF THE HOUSE

State General Funds

($212,968)

$0

$0

316.97 Transfer funds and activities to the new Local Government Services program.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($2,948,790) ($2,110,135) ($5,058,925)

($2,948,790) ($2,110,135) ($5,058,925)

($2,948,790) ($2,110,135) ($5,058,925)

($2,948,790) ($2,110,135) ($5,058,925)

316.98 Transfer funds and activities from the Revenue Processing program to implement a program structure consistent with new service delivery platforms.

State General Funds

$6,404,944

$6,404,944

$6,404,944

$6,404,944

316.99

CC: The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions. Senate: The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions.

State General Funds

$0

$0

316.100-Customer Service

Appropriation (HB 119)

The purpose of this appropriation is to provide assistance to customer inquiries about the administration of individual income tax, sales and use tax, withholding

tax, corporate tax, motor fuel and motor carrier taxes, and all registration functions.

TOTAL STATE FUNDS

$13,840,368 $13,677,665 $14,210,356 $14,210,356

State General Funds

$13,840,368 $13,677,665 $14,210,356 $14,210,356

TOTAL PUBLIC FUNDS

$13,840,368 $13,677,665 $14,210,356 $14,210,356

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

$4,155,944 $4,155,944
$375,000 $375,000 $375,000 $4,530,944

317.1 Defer the FY09 cost of living adjustment.

State General Funds

($66,022)

($66,022)

($66,022)

($66,022)

317.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

FRIDAY, APRIL 3, 2009

6037

State General Funds

($205,736)

($177,785)

$0

$0

317.3 Reduce/Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($45,149)

($45,149)

($45,149)

($45,149)

317.4 Reduce funds by eliminating one vacant position. (H:Reflect annual salary savings)(S and CC:Reduce additional funds from operations)

State General Funds

($6,618)

($93,618)

($93,618)

($93,618)

317.5 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($123,553)

($123,553)

($123,553)

($123,553)

317.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($71,321)

($71,321)

($71,321)

($71,321)

317.7 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($16,243)

($16,243)

($16,243)

317.98 Transfer funds and activities from the Revenue Processing and Tax Compliance programs to implement a program structure consistent with new service delivery platforms.

State General Funds

$4,625,143

$4,625,143

$4,625,143

$4,625,143

317.100-Departmental Administration

Appropriation (HB 119)

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

$8,262,688

$8,187,396

$8,365,181

$8,365,181

State General Funds

$8,262,688

$8,187,396

$8,365,181

$8,365,181

TOTAL AGENCY FUNDS

$375,000

$375,000

$375,000

$375,000

Sales and Services

$375,000

$375,000

$375,000

$375,000

Sales and Services Not Itemized

$375,000

$375,000

$375,000

$375,000

TOTAL PUBLIC FUNDS

$8,637,688

$8,562,396

$8,740,181

$8,740,181

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, 2008 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

$428,290,501 $428,290,501 $428,290,501

318.1 Eliminate funds for the Homeowner's Tax Relief Grant. State General Funds

($428,290,501) ($428,290,501) ($428,290,501) ($428,290,501)

6038

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

$4,969,234 $4,819,234
$150,000 $187,422 $187,422 $5,156,656

319.1 Defer the FY09 cost of living adjustment.

State General Funds

($30,573)

($30,573)

($30,573)

($30,573)

319.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($98,427)

($85,055)

$0

$0

319.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($181,815)

($181,815)

($181,815)

($181,815)

319.4 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($22,007)

($22,007)

($22,007)

($22,007)

319.5 Reduce funds designated for vehicle purchases. (S and CC:Restore funds for ongoing operations)

State General Funds

($64,110)

($176,251)

($64,110)

($64,110)

319.6 Reduce funds by eliminating four vacant positions.

State General Funds

($147,595)

($147,595)

($147,595)

($147,595)

319.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($28,433)

($28,433)

($28,433)

($28,433)

319.98 Transfer funds and activities to the new Technology Support Services program to implement a program structure consistent with new service delivery platforms.

State General Funds

($806,135)

($806,135)

($806,135)

($806,135)

319.99

CC: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road vehicles. Senate: The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of

FRIDAY, APRIL 3, 2009

6039

dyed fuels in on-road vehicles.

State General Funds

$0

$0

319.100-Industry Regulation

Appropriation (HB 119)

The purpose of this appropriation is to provide regulation of the distribution, sale, and consumption of alcoholic beverages, tobacco products; ensure all coin

operated amusement machines are properly licensed and decaled; and conduct checkpoints in areas where reports indicate the use of dyed fuels in on-road

vehicles.

TOTAL STATE FUNDS

$3,590,139

$3,491,370

$3,688,566

$3,688,566

State General Funds

$3,440,139

$3,341,370

$3,538,566

$3,538,566

Tobacco Settlement Funds

$150,000

$150,000

$150,000

$150,000

TOTAL FEDERAL FUNDS

$187,422

$187,422

$187,422

$187,422

Federal Funds Not Itemized

$187,422

$187,422

$187,422

$187,422

TOTAL PUBLIC FUNDS

$3,777,561

$3,678,792

$3,875,988

$3,875,988

Litigations and Investigations
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

320.1 Defer the FY09 cost of living adjustment.

State General Funds

($11,104)

($11,104)

($11,104)

($11,104)

320.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($48,180)

($41,634)

$0

$0

320.3 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($4,428)

($4,428)

($4,428)

($4,428)

320.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($12,466)

($12,466)

($12,466)

($12,466)

320.98 Transfer funds and activities from the Revenue Processing program to implement a program structure consistent with new service delivery platforms.

State General Funds

$1,517,413

$1,517,413

$1,517,413

$1,517,413

320.99 CC: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Senate: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. House: The purpose of this appropriation is to investigate and prosecute tax fraud and other illegal activities related to the tax process.

6040

JOURNAL OF THE HOUSE

Gov Rev: The purpose of this appropriation is to investigate and prosecute tax fraud and other illegal activities related to the tax process.

State General Funds

$0

$0

$0

$0

320.100-Litigations and Investigations

Appropriation (HB 119)

The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts.

TOTAL STATE FUNDS

$1,441,235

$1,447,781

$1,489,415

State General Funds

$1,441,235

$1,447,781

$1,489,415

TOTAL PUBLIC FUNDS

$1,441,235

$1,447,781

$1,489,415

$1,489,415 $1,489,415 $1,489,415

Local Government Services
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

321.1 Defer the FY09 cost of living adjustment.

State General Funds

($28,764)

($28,764)

($28,764)

($28,764)

321.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($75,127)

($64,920)

$0

$0

321.3 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($106,629)

($106,629)

($106,629)

($106,629)

321.4 Reduce funds from personnel.

State General Funds

($151,016)

($151,016)

($151,016)

($151,016)

321.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($22,165)

($22,165)

($22,165)

($22,165)

321.6 Reduce funds designated for telecommunications added in HB1027 (FY07G). (S and CC:Restore funds for ongoing operations)

State General Funds

($212,968)

$0

$0

321.98 Transfer funds and activities from the Customer Service program to implement a program structure consistent with new service delivery platforms.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$2,948,790 $2,110,135 $5,058,925

$2,948,790 $2,110,135 $5,058,925

$2,948,790 $2,110,135 $5,058,925

$2,948,790 $2,110,135 $5,058,925

321.99 CC: The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit.

FRIDAY, APRIL 3, 2009

6041

Senate: The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit. House: The purpose of this appropriation is to assist local tax official with the administration of State tax laws and administers the Unclaimed Property function for the State of Georgia. Gov Rev: The purpose of this appropriation is to assist local tax official with the administration of State tax laws and administers the Unclaimed Property function for the State of Georgia.

State General Funds

$0

$0

$0

$0

321.100-Local Government Services

Appropriation (HB 119)

The purpose of this appropriation is to assist local tax officials with the administration of state tax laws and administer the unclaimed property unit.

TOTAL STATE FUNDS

$2,565,089

$2,362,328

$2,640,216

$2,640,216

State General Funds

$2,565,089

$2,362,328

$2,640,216

$2,640,216

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

$4,675,224

$4,472,463

$4,750,351

$4,750,351

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

322.1 Reduce funds and provide retirement benefits only for local tax commissioners and their employees whose counties do not offer a local retirement benefit plan.

State General Funds

($3,949,163)

$0

$0

322.99

CC: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. Senate: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. House: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. Gov Rev: The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.

State General Funds

$0

$0

$0

$0

322.100-Local Tax Officials Retirement and FICA

Appropriation (HB 119)

The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials.

TOTAL STATE FUNDS

$5,149,163

$1,200,000

$5,149,163

State General Funds

$5,149,163

$1,200,000

$5,149,163

TOTAL PUBLIC FUNDS

$5,149,163

$1,200,000

$5,149,163

$5,149,163 $5,149,163 $5,149,163

6042

JOURNAL OF THE HOUSE

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

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

$42,190,866 $42,190,866
$426,769 $426,769 $426,769 $42,617,635

324.1 Defer the FY09 cost of living adjustment.

State General Funds

($76,895)

($76,895)

($76,895)

($76,895)

324.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($335,364)

($289,803)

$0

$0

324.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($2,187,946) ($2,187,946) ($2,187,946) ($2,187,946)

324.4 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($54,107)

($54,107)

($54,107)

($54,107)

324.5 Reduce funds by eliminating seven vacant positions.

State General Funds

($286,747)

($286,747)

($286,747)

($286,747)

324.6 Reduce funds designated for temporary labor and associated operating costs due to the elimination of two shifts at the revenue processing center.

State General Funds

($2,400,000) ($2,400,000) ($2,400,000) ($2,400,000)

324.7 Reduce funds due to a loss of revenues.

Reserved Fund Balances Not Itemized

($426,769)

($426,769)

($426,769)

($426,769)

324.8 Reduce funds designated for travel and vehicle purchases. (S and CC:Restore funds for ongoing revenue processing operations)

State General Funds

($124,849)

$0

$0

324.98 Transfer funds and activities to the Departmental Administration, Customer Service, Litigations and Investigations, Technology Support Services, and Tax Law and Policy programs to implement a program structure consistent with new service delivery platforms.

State General Funds

($24,129,092) ($24,129,092) ($24,129,092) ($24,129,092)

324.100-Revenue Processing

Appropriation (HB 119)

FRIDAY, APRIL 3, 2009

6043

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

$12,720,715 $12,641,427 $13,056,079 $13,056,079

State General Funds

$12,720,715 $12,641,427 $13,056,079 $13,056,079

TOTAL PUBLIC FUNDS

$12,720,715 $12,641,427 $13,056,079 $13,056,079

Salvage Inspection The purpose of this appropriation is to inspect rebuilt salvage vehicles.
TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$1,704,133 $1,704,133 $1,704,133

$1,704,133 $1,704,133 $1,704,133

$1,704,133 $1,704,133 $1,704,133

$1,704,133 $1,704,133 $1,704,133

325.98 Transfer all funds and activities to the Motor Vehicle Registration and Titling program to implement a program structure consistent with new service delivery platforms.

State General Funds

($1,704,133) ($1,704,133) ($1,704,133) ($1,704,133)

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

326.98 Transfer all funds and activities to the Tax Law and Policy program to implement a program structure consistent with new service delivery platforms.

State General 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

Continuation Budget

$23,449,239 $23,449,239 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

$23,449,239 $23,449,239 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

$23,449,239 $23,449,239
$3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

$23,449,239 $23,449,239 $3,695,700 $2,895,700 $2,895,700
$800,000 $800,000 $27,144,939

6044

JOURNAL OF THE HOUSE

327.98 Transfer funds and activities to the Technology Support Services and the Motor Vehicle Registration and Titling programs.

State General Funds Reserved Fund Balances Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($23,449,239) ($2,895,700) ($800,000) ($27,144,939)

($23,449,239) ($2,895,700) ($800,000) ($27,144,939)

($23,449,239) ($2,895,700) ($800,000) ($27,144,939)

($23,449,239) ($2,895,700)
($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 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

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

$36,119,723 $36,119,723
$210,000 $210,000 $15,636,944 $4,342,000 $4,342,000 $11,294,944 $11,294,944 $51,966,667

328.1 Defer the FY09 cost of living adjustment.

State General Funds

($277,341)

($277,341)

($277,341)

($277,341)

328.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($762,569)

($658,969)

$0

$0

328.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($34,447)

($34,447)

($34,447)

($34,447)

328.4 Reduce one time funds added for the data warehouse. (H:Reflect technology verification costs to be paid through the new Technology Support Services program)(S and CC:Restore funds to provide for a mandatory independent annual audit of the data warehouse system as state regulations prohibit system audits by internal staff)

State General Funds

($140,000)

($553,758)

($140,000)

($140,000)

328.5 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($79,140)

($79,140)

($79,140)

($79,140)

FRIDAY, APRIL 3, 2009

6045

328.6 Reduce funds by eliminating five vacant positions and two filled positions. (H:Reflect annual salary savings)(S and CC:Restore funds for ongoing operations)

State General Funds

($391,560)

($452,500)

($391,560)

($391,560)

328.7 Reduce funds from travel for site visits and auditors that live-in-state and perform out-of-state audits.

State General Funds

($299,680)

($299,680)

($299,680)

($299,680)

328.8 Reduce funds for contracts. (S and CC:Restore contracts for private collection agencies)

State General Funds

($500,000)

$0

$0

328.9 Reduce funds to reflect FY10 projected collections.

Intergovernmental Transfers Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($4,342,000) ($3,169,944) ($7,511,944)

($4,342,000) ($3,169,944) ($7,511,944)

328.98 Transfer funds and activities to the Departmental Administration and Technology Support Services programs to implement a program structure consistent with new service delivery platforms and to align administrative functions.

State General Funds

($5,951,421) ($5,951,421) ($5,951,421) ($5,951,421)

328.99 CC: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. Senate: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

State General Funds

$0

$0

328.100-Tax Compliance

Appropriation (HB 119)

The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts.

TOTAL STATE FUNDS

$28,183,565 $27,312,467 $28,946,134

State General Funds

$28,183,565 $27,312,467 $28,946,134

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

$8,125,000

Intergovernmental Transfers

$4,342,000

$4,342,000

Intergovernmental Transfers Not Itemized

$4,342,000

$4,342,000

Sales and Services

$11,294,944 $11,294,944

$8,125,000

Sales and Services Not Itemized

$11,294,944 $11,294,944

$8,125,000

TOTAL PUBLIC FUNDS

$44,030,509 $43,159,411 $37,281,134

$28,946,134 $28,946,134
$210,000 $210,000 $8,125,000
$8,125,000 $8,125,000 $37,281,134

Tax Law and Policy
TOTAL STATE FUNDS State General Funds

Continuation Budget

$0

$0

$0

$0

$0

$0

$0

$0

329.1 Defer the FY09 cost of living adjustment.

6046

JOURNAL OF THE HOUSE

State General Funds

($11,104)

($11,104)

($11,104)

($11,104)

329.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($46,587)

($40,258)

$0

$0

329.3 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($2,949)

($2,949)

($2,949)

($2,949)

329.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($11,698)

($11,698)

($11,698)

($11,698)

329.5 Reduce funds to provide for only a moderate sized legal team. (S and CC:Restore funds to continue to provide services for taxpayer appeals of tax assessments and to provide the General Assembly with research on legislative fiscal notes and revenue inquiries, and to produce regulations for taxes, alcohol, and tobacco)

State General Funds

($1,053,410)

$0

$0

329.98 Transfer funds and activities from the Revenue Processing and State Board of Equalization programs to implement a program structure consistent with new service delivery platforms.

State General Funds

$1,424,419

$1,424,419

$1,424,419

$1,424,419

329.99

CC: The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries. Senate: The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries. House: The purpose of this appropriation is to provide accurate information with regard to current and proposed tax laws and policies. Gov Rev: The purpose of this appropriation is to provide accurate information with regard to current and proposed tax laws and policies.

State General Funds

$0

$0

$0

$0

329.100-Tax Law and Policy

Appropriation (HB 119)

The purpose of this appropriation is to conduct all administrative appeals of tax assessments; draft regulations for taxes collected by the department; support the

State Board of Equalization; and draft letter rulings and provide research and analysis related to all tax law and policy inquiries.

TOTAL STATE FUNDS

$1,352,081

$305,000

$1,398,668

$1,398,668

State General Funds

$1,352,081

$305,000

$1,398,668

$1,398,668

TOTAL PUBLIC FUNDS

$1,352,081

$305,000

$1,398,668

$1,398,668

Technology Support Services

Continuation Budget

FRIDAY, APRIL 3, 2009

6047

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

$0

$0

330.1 Defer the FY09 cost of living adjustment.

State General Funds

($161,293)

($161,293)

($161,293)

($161,293)

330.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($469,931)

($406,088)

$0

$0

330.3 Reduce funds designated for internal information technology projects.

State General Funds

($400,000)

($900,000) ($1,100,000) ($1,100,000)

330.4 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($21,285)

($21,285)

($21,285)

($21,285)

330.5 Reduce funds by eliminating six vacant positions.

State General Funds

($329,799)

($329,799)

($329,799)

($329,799)

330.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($210,991)

($210,991)

($210,991)

($210,991)

330.98 Transfer funds and activities from the Industry Regulation, Motor Vehicle Registration and Titling, Revenue Processing, and Tax Compliance programs to implement a program structure consistent with new service delivery platforms.

State General Funds

$26,069,761 $26,069,761 $26,069,761 $26,069,761

330.99

CC: The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. Senate: The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. House: The purpose of this appropriation is to provide electronic tax filing and on-line payments services to Georgia taxpayers. Gov Rev: The purpose of this appropriation is to provide electronic tax filing and on-line payments services to Georgia taxpayers.

State General Funds

$0

$0

$0

$0

330.100-Technology Support Services

Appropriation (HB 119)

The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers.

TOTAL STATE FUNDS

$24,476,462 $24,040,305 $24,246,393 $24,246,393

State General Funds

$24,476,462 $24,040,305 $24,246,393 $24,246,393

TOTAL PUBLIC FUNDS

$24,476,462 $24,040,305 $24,246,393 $24,246,393

Motor Vehicle Registration and Titling

Continuation Budget

6048

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds

$0

$0

$0

$0

$0

$0

$0

$0

506.1 Defer the FY09 cost of living adjustment.

State General Funds

($99,910)

($99,910)

($99,910)

($99,910)

506.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($306,022)

($264,447)

$0

$0

506.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($1,914,816) ($1,914,816) ($1,914,816) ($1,914,816)

506.4 Reduce funds by limiting the purchase of supplies and other materials.

State General Funds

($58,031)

($58,031)

($58,031)

($58,031)

506.5 Reduce funds by eliminating eight vacant positions and four filled positions. (H:Reflect annual salary savings for twelve positions)(S and CC:Reduce funds from operations)

State General Funds

($416,713)

($672,000)

($916,713)

($916,713)

506.6 Reduce funds by privatizing salvage vehicle inspections.

State General Funds

($693,850)

($693,850)

$0

$0

506.7 Reduce funds by combining Quality Assurance and Document Receipt and Control functions and eliminating seventeen hourly and fourteen temporary positions.

State General Funds

($850,000)

($850,000)

($850,000)

($850,000)

506.8 Reduce funds designated for non-mandated services to county tag offices such as toner for tag and title printers and systems training. (S and CC:Reduce additional funds for non-mandated printers)

State General Funds

($1,039,000) ($1,039,000) ($1,545,772) ($1,545,772)

506.9 Reduce funds by relying on one statutorily required notice to inform vehicle owners who are non-compliant with insurance requirements.

State General Funds

($486,000)

($486,000)

($486,000)

($486,000)

506.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($86,882)

($86,882)

($86,882)

($86,882)

506.11 Replace one-time funds for motor vehicle tags and registration cards.

State General Funds Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS

$2,895,700

$0

($2,895,700)

$0

$0

$0

FRIDAY, APRIL 3, 2009

6049

506.98 Transfer funds and activities from the Salvage Inspection and the Tag and Title Registration programs.

State General Funds Reserved Fund Balances Not Itemized Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$16,003,340 $2,895,700
$800,000 $19,699,040

$16,003,340 $2,895,700 $800,000 $19,699,040

$16,003,340 $2,895,700 $800,000 $19,699,040

$16,003,340 $2,895,700 $800,000 $19,699,040

506.99

CC: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-worthiness for new title issuance. Senate: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-worthiness for new title issuance. House: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and inspection rebuilt vehicles for road-worthiness for new title issuance. Gov Rev: The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and inspection rebuilt vehicles for road-worthiness for new title issuance.

State General Funds

$0

$0

$0

$0

506.100-Motor Vehicle Registration and Titling

Appropriation (HB 119)

The purpose of this appropriation is to establish motor vehicle ownership by maintaining title and registration records and validate rebuilt vehicles for road-

worthiness for new title issuance.

TOTAL STATE FUNDS

$10,052,116

$9,838,404 $12,940,916 $10,045,216

State General Funds

$10,052,116

$9,838,404 $12,940,916 $10,045,216

TOTAL AGENCY FUNDS

$3,695,700

$3,695,700

$800,000

$3,695,700

Reserved Fund Balances

$2,895,700

$2,895,700

$2,895,700

Reserved Fund Balances Not Itemized

$2,895,700

$2,895,700

$2,895,700

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

$13,747,816 $13,534,104 $13,740,916 $13,740,916

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

$40,504,390 $40,504,390 $1,939,894
$50,000 $1,889,894 $42,444,284

$40,504,390 $40,504,390 $1,939,894
$50,000 $1,889,894 $42,444,284

$40,504,390 $40,504,390
$1,939,894 $50,000
$1,889,894 $42,444,284

$40,504,390 $40,504,390 $1,939,894
$50,000 $1,889,894 $42,444,284

Section Total - Final

6050

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Sales and Services
TOTAL PUBLIC FUNDS

$33,654,027 $33,654,027 $1,939,894
$50,000 $1,889,894 $35,593,921

$32,561,443 $32,561,443 $1,939,894
$50,000 $1,889,894 $34,501,337

$34,255,872 $34,255,872 $1,939,894
$50,000 $1,889,894 $36,195,766

$33,871,025 $33,871,025 $1,939,894
$50,000 $1,889,894 $35,810,919

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

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

$6,363,415 $6,363,415
$532,671 $532,671 $435,771
$96,900 $6,896,086

331.1 Defer the FY09 cost of living adjustment.

State General Funds

($40,420)

($40,420)

($40,420)

($40,420)

331.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($117,062)

($101,158)

$0

$0

331.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($33,427)

($33,427)

($33,427)

($33,427)

331.4 Reduce funds from program-wide operating expenses based on streamlined service delivery.

State General Funds

($316,409)

($316,409)

($316,409)

($316,409)

331.5 Reduce funds by eliminating nineteen positions to reflect the reorganization.

State General Funds

($560,319)

($560,319)

($560,319)

($560,319)

331.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($67,561)

($67,561)

($67,561)

($67,561)

331.7 Reduce funds from the Georgia Historical Society ($8,000) and transfer remaining funds to the Department of Economic Development Tourism program ($90,000).

FRIDAY, APRIL 3, 2009

6051

State General Funds

($98,000)

($98,000)

331.98 Transfer all funds and activities from the Capitol Tours program. (H:Reduce funds from Capitol Tours)(CC:Transfer all funds and activities from the Capitol Tour program)

State General Funds

$168,558

$0

$168,558

$151,702

331.99

CC: The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center. Senate: The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their non-current records to the State Records Center.

State General Funds

$0

$0

331.100-Archives and Records

Appropriation (HB 119)

The purpose of this appropriation is to maintain the archives of the state; document and interpret the history of the Georgia State Capitol building; and assist

State Agencies with adequately documenting their activities, administering their records management programs, scheduling their records, and transferring their

non-current records to the State Records Center.

TOTAL STATE FUNDS

$5,396,775

$5,244,121

$5,415,837

$5,398,981

State General Funds

$5,396,775

$5,244,121

$5,415,837

$5,398,981

TOTAL AGENCY FUNDS

$532,671

$532,671

$532,671

$532,671

Sales and Services

$532,671

$532,671

$532,671

$532,671

Record Center Storage Fees

$435,771

$435,771

$435,771

$435,771

Sales and Services Not Itemized

$96,900

$96,900

$96,900

$96,900

TOTAL PUBLIC FUNDS

$5,929,446

$5,776,792

$5,948,508

$5,931,652

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

$168,558 $168,558 $168,558

$168,558 $168,558 $168,558

$168,558 $168,558 $168,558

$168,558 $168,558 $168,558

332.98 Transfer all funds and activities to the Archives and Records program. State General Funds

($168,558)

($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.

6052

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

$1,339,523 $1,339,523
$739,512 $739,512 $739,512 $2,079,035

333.1 Defer the FY09 cost of living adjustment.

State General Funds

($19,261)

($19,261)

($19,261)

($19,261)

333.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($55,636)

($48,077)

$0

$0

333.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($22,757)

($22,757)

($22,757)

($22,757)

333.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($22,359)

($22,359)

($22,359)

($22,359)

333.100 -Corporations

Appropriation (HB 119)

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

$1,219,510

$1,227,069

$1,275,146

$1,275,146

State General Funds

$1,219,510

$1,227,069

$1,275,146

$1,275,146

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

$1,959,022

$1,966,581

$2,014,658

$2,014,658

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

$6,029,562 $6,029,562
$340,133 $340,133

$6,029,562 $6,029,562
$340,133 $340,133

$6,029,562 $6,029,562
$340,133 $340,133

$6,029,562 $6,029,562
$340,133 $340,133

FRIDAY, APRIL 3, 2009

6053

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$340,133 $6,369,695

$340,133 $6,369,695

$340,133 $6,369,695

$340,133 $6,369,695

334.1 Defer the FY09 cost of living adjustment.

State General Funds

($20,845)

($20,845)

($20,845)

($20,845)

334.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($60,375)

($52,173)

$0

$0

334.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($306,852)

($306,852)

($306,852)

($306,852)

334.4 Reduce one-time funds received in HB990 (FY09G) for voter ID education and online training for local election officials.

State General Funds

($520,000)

($520,000)

($520,000)

($520,000)

334.5 Reduce one-time funds received in HB990 (FY09G) for voting machine technicians to support the 2008 election cycle.

State General Funds

($400,000)

($400,000)

($400,000)

($400,000)

334.6 Reduce funds to reflect savings from utilizing existing supplies of voter registration applications, outsourcing printing precinct cards, and publishing the Official Directory of Elected Officials online.

State General Funds

($78,740)

($78,740)

($78,740)

($78,740)

334.7 Reduce funds to reflect savings from the consolidation of mail routes.

State General Funds

($3,000)

($3,000)

($3,000)

($3,000)

334.8 Reduce funds from the contract with Kennesaw State University for election machine testing and certification.

State General Funds

($29,403)

($29,403)

($29,403)

($29,403)

334.9 Transfer funds from the Office Administration program to maintain Maintenance of Effort levels as required by the Help America Vote Act.

State General Funds

$50,000

$25,000

334.100 -Elections

Appropriation (HB 119)

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

$4,610,347

$4,618,549

$4,720,722

$4,695,722

State General Funds

$4,610,347

$4,618,549

$4,720,722

$4,695,722

TOTAL AGENCY FUNDS

$340,133

$340,133

$340,133

$340,133

Sales and Services

$340,133

$340,133

$340,133

$340,133

6054

JOURNAL OF THE HOUSE

Sales and Services Not Itemized TOTAL PUBLIC FUNDS

$340,133 $4,950,480

$340,133 $4,958,682

$340,133 $5,060,855

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

$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

$340,133 $5,035,855
$8,452,027 $8,452,027
$127,578 $127,578 $127,578 $8,579,605

335.1 Defer the FY09 cost of living adjustment.

State General Funds

($88,686)

($88,686)

($88,686)

($88,686)

335.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($263,739)

($227,908)

$0

$0

335.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($58,728)

($58,728)

($58,728)

($58,728)

335.4 Reduce funds from personnel.

State General Funds

($301,156)

($301,156)

($301,156)

($301,156)

335.5 Reduce funds from temporary positions and eliminate one vacant full-time position.

State General Funds

($501,781)

($501,781)

($501,781)

($501,781)

335.6 Reduce funds for the Martin Luther King, Jr. holiday celebration based on prior year expenditures.

State General Funds

($5,000)

($5,000)

($5,000)

($5,000)

335.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($83,244)

($83,244)

($83,244)

($83,244)

335.8 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($10,475)

($10,475)

($10,475)

335.9 Reduce funds from operations. (S:Transfer funds ($50,000) to the Elections program to maintain Maintenance of Effort levels as required by the Help America Vote Act)(CC:Reduce funds from operations ($25,000) and transfer funds to the Elections program to maintain Maintenance of Effort levels as required by the Help America Vote Act ($25,000))

FRIDAY, APRIL 3, 2009

6055

State General Funds

($185,813)

($235,813)

($235,813)

335.100-Office Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies.

TOTAL STATE FUNDS

$7,149,693

$6,989,236

$7,167,144

State General Funds

$7,149,693

$6,989,236

$7,167,144

TOTAL AGENCY FUNDS

$127,578

$127,578

$127,578

Sales and Services

$127,578

$127,578

$127,578

Sales and Services Not Itemized

$127,578

$127,578

$127,578

TOTAL PUBLIC FUNDS

$7,277,271

$7,116,814

$7,294,722

$7,167,144 $7,167,144
$127,578 $127,578 $127,578 $7,294,722

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

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

$8,755,732 $8,755,732
$150,000 $150,000 $150,000 $8,905,732

336.1 Defer the FY09 cost of living adjustment.

State General Funds

($74,484)

($74,484)

($74,484)

($74,484)

336.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($215,864)

($186,537)

$0

$0

336.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($58,728)

($58,728)

($58,728)

($58,728)

336.4 Reduce funds by eliminating eighteen positions to reflect staff reorganization.

State General Funds

($814,218)

($814,218)

($814,218)

($814,218)

336.5 Reduce funds for exam proctors and from contracts related to direct exam expenses.

State General Funds

($138,141)

($138,141)

($138,141)

($138,141)

336.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($85,814)

($85,814)

($85,814)

($85,814)

6056

JOURNAL OF THE HOUSE

336.100-Professional Licensing Boards

Appropriation (HB 119)

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

$7,368,483

$7,397,810

$7,584,347

$7,584,347

State General Funds

$7,368,483

$7,397,810

$7,584,347

$7,584,347

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

$7,518,483

$7,547,810

$7,734,347

$7,734,347

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

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

$1,862,983 $1,862,983
$50,000 $50,000 $50,000 $1,912,983

337.1 Defer the FY09 cost of living adjustment.

State General Funds

($22,507)

($22,507)

($22,507)

($22,507)

337.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($65,183)

($56,327)

$0

$0

337.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($7,608)

($7,608)

($7,608)

($7,608)

337.4 Reduce funds by not filling three vacant positions.

State General Funds

($205,463)

($205,463)

($205,463)

($205,463)

337.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($18,236)

($18,236)

($18,236)

($18,236)

337.99

CC: The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act, and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions. Senate: The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable

FRIDAY, APRIL 3, 2009

6057

Solicitations Act, and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions.

State General Funds

$0

$0

337.100 -Securities

Appropriation (HB 119)

The purpose of this appropriation is to provide for the administration and enforcement of the Georgia Securities Act, the Georgia Charitable Solicitations Act,

and the Georgia Cemetery Act. Functions under each act include registration, examinations, investigation, and administrative enforcement actions.

TOTAL STATE FUNDS

$1,543,986

$1,552,842

$1,609,169

$1,609,169

State General Funds

$1,543,986

$1,552,842

$1,609,169

$1,609,169

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

$1,593,986

$1,602,842

$1,659,169

$1,659,169

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

$364,819 $364,819 $364,819

$364,819 $364,819 $364,819

$364,819 $364,819 $364,819

$364,819 $364,819 $364,819

338.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,173)

($3,173)

($3,173)

($3,173)

338.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($11,065)

($9,561)

$0

$0

338.3 Reduce funds for part-time exhibit coordinators.

State General Funds

($20,600)

($20,600)

($20,600)

($20,600)

338.4 Reduce funds from consulting fees for teacher training provided statewide.

State General Funds

($6,815)

($6,815)

($6,815)

($6,815)

338.5 Reduce funds from operations.

State General Funds

($8,039)

($8,039)

($8,039)

($8,039)

338.6 Reduce funds to reflect the revised revenue estimate.

6058

JOURNAL OF THE HOUSE

State General Funds

($3,191)

($3,191)

($3,191)

($3,191)

338.100-Commission on the Holocaust, Georgia

Appropriation (HB 119)

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

$311,936

$313,440

$323,001

$323,001

State General Funds

$311,936

$313,440

$323,001

$323,001

TOTAL PUBLIC FUNDS

$311,936

$313,440

$323,001

$323,001

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

$1,713,440 $1,713,440 $1,713,440

$1,713,440 $1,713,440 $1,713,440

$1,713,440 $1,713,440 $1,713,440

$1,713,440 $1,713,440 $1,713,440

339.1 Defer the FY09 cost of living adjustment.

State General Funds

($16,416)

($16,416)

($16,416)

($16,416)

339.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($167)

($167)

($167)

($167)

339.3 Defer special adjustments to selected job classes.

State General Funds

($38,044)

($38,044)

($38,044)

($38,044)

339.4 Defer the special pay raise received in HB990 (FY09G) for compliance investigators to address retention and compression issues.

State General Funds

($175,000)

($175,000)

($175,000)

($175,000)

339.5

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($54,055)

($46,711)

$0

$0

339.6 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$7,032

$7,032

$7,032

$7,032

339.7 Reduce funds and defer hiring two compliance investigator positions.

State General Funds

($115,105)

($115,105)

($115,105)

($115,105)

339.8 Reduce funds to reflect the revised revenue estimate.

State General Funds

($13,307)

($13,307)

($13,307)

($13,307)

FRIDAY, APRIL 3, 2009

6059

339.99

CC: The purpose of this appropriation is to provide enforcement and oversee all laws and regulations pertaining to controlled substances and dangerous drugs, and to ensure only licensed facilities or persons dispense or distribute pharmaceuticals. Senate: The purpose of this appropriation is to provide enforcement and oversee all laws and regulations pertaining to controlled substances and dangerous drugs, and to ensure only licensed facilities or persons dispense or distribute pharmaceuticals.

State General Funds

$0

$0

339.100-Drugs and Narcotics Agency, Georgia

Appropriation (HB 119)

The purpose of this appropriation is to provide enforcement and oversee all laws and regulations pertaining to controlled substances and dangerous drugs, and

to ensure only licensed facilities or persons dispense or distribute pharmaceuticals.

TOTAL STATE FUNDS

$1,308,378

$1,315,722

$1,362,433

$1,362,433

State General Funds

$1,308,378

$1,315,722

$1,362,433

$1,362,433

TOTAL PUBLIC FUNDS

$1,308,378

$1,315,722

$1,362,433

$1,362,433

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

$3,671,540 $3,671,540 $3,671,540

$3,671,540 $3,671,540 $3,671,540

$3,671,540 $3,671,540 $3,671,540

$3,671,540 $3,671,540 $3,671,540

340.1 Defer the FY09 cost of living adjustment.

State General Funds

($29,238)

($29,238)

($29,238)

($29,238)

340.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($94)

($94)

($94)

($94)

340.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($53,850)

($68,034)

$0

$0

340.4 Reduce funds by eliminating one vacant investigator and one vacant investigative support position. (H and S:Reduce funds added in FY08 and FY09 for three additional positions)(CC:Reduce additional funds from personnel)

State General Funds

($70,000)

($149,426)

($149,426)

($149,426)

340.5 Eliminate funds received in HB990 (FY09G) for the State Licensing Board of Home Inspectors per HB1217 (2008 Session) that failed to pass.

State General Funds

($130,000)

($130,000)

($130,000)

($130,000)

6060

JOURNAL OF THE HOUSE

340.6 Reduce funds designated to purchase vehicles, eliminate the use of printed transcripts for commission meetings, increase the frequency of teleconference meetings, and realize operational efficiencies through reduced administration hearings.

State General Funds

($109,646)

($109,646)

($109,646)

($109,646)

340.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($32,645)

($32,645)

($32,645)

($32,645)

340.99

CC: The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. Senate: The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

State General Funds

$0

$0

340.100-Real Estate Commission

Appropriation (HB 119)

The purpose of this appropriation is to administer the license law for real estate brokers and salespersons and to provide administrative support to the Georgia

Real Estate Appraisers Board in their administration of the Real Estate Appraisal.

TOTAL STATE FUNDS

$3,246,067

$3,152,457

$3,220,491

$3,220,491

State General Funds

$3,246,067

$3,152,457

$3,220,491

$3,220,491

TOTAL PUBLIC FUNDS

$3,246,067

$3,152,457

$3,220,491

$3,220,491

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

$1,782,791 $1,782,791 $1,782,791

$1,782,791 $1,782,791 $1,782,791

$1,782,791 $1,782,791 $1,782,791

$1,782,791 $1,782,791 $1,782,791

341.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,719)

($17,719)

($17,719)

($17,719)

341.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($78,730)

($46,534)

$0

$0

341.3 Reduce funds from operations.

State General Funds

($172,009)

$0

($172,009)

$0

341.4 Reduce funds to reflect the revised revenue estimate.

FRIDAY, APRIL 3, 2009

6061

State General Funds

($15,481)

($15,481)

($15,481)

($15,481)

341.5 Reduce funds provided in HB1027 (FY07G) to improve filing through automation, and recognize an additional reduction in funds as a result of the savings to the state attained through automation.

State General Funds

($1,030,501)

$0

($515,000)

341.6 Increase funds to pay the Georgia Building Authority for past due rent dating back to March 2008 in order to avoid further penalties for delinquency.

State General Funds

$77,641

$0

$0

341.100-State Ethics Commission

Appropriation (HB 119)

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

$1,498,852

$750,197

$1,577,582

$1,234,591

State General Funds

$1,498,852

$750,197

$1,577,582

$1,234,591

TOTAL PUBLIC FUNDS

$1,498,852

$750,197

$1,577,582

$1,234,591

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

$3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931

$3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931

$3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931

$3,572,839 $3,572,839 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $9,141,931

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

$3,104,345

$3,115,030

$3,104,345

$3,115,030

$1,717,500

$1,717,500

$1,717,500

$1,717,500

$2,401,971

$2,401,971

$2,401,971

$2,401,971

$1,449,621

$1,449,621

$230,000

$230,000

$1,219,621

$1,219,621

$8,673,437

$8,684,122

$3,185,293 $3,185,293 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $8,754,385

$3,185,293 $3,185,293 $1,717,500 $1,717,500 $2,401,971 $2,401,971 $1,449,621
$230,000 $1,219,621 $8,754,385

6062

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

$744,561 $744,561 $744,561

$744,561 $744,561 $744,561

$744,561 $744,561 $744,561

$744,561 $744,561 $744,561

342.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,499)

($3,499)

($3,499)

($3,499)

342.2 Defer special adjustments to selected job classes.

State General Funds

($7,269)

($7,269)

($7,269)

($7,269)

342.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($22,501)

($19,444)

$0

$0

342.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($1,262)

($1,262)

($1,262)

($1,262)

342.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($7,588)

$0

$0

$0

342.6 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($362)

($362)

($362)

342.100-Commission Administration

Appropriation (HB 119)

The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia.

TOTAL STATE FUNDS

$702,442

$712,725

$732,169

State General Funds

$702,442

$712,725

$732,169

TOTAL PUBLIC FUNDS

$702,442

$712,725

$732,169

$732,169 $732,169 $732,169

Conservation of Agricultural Water Supplies

Continuation Budget

The purpose of this appropriation is to conserve the use of Georgia's ground and surface water by agricultural water users.

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Intergovernmental Transfers

$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971

$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971

$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971

$322,300 $322,300 $1,465,000 $1,465,000 $2,351,971 $2,351,971

FRIDAY, APRIL 3, 2009

6063

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$2,351,971 $4,139,271

$2,351,971 $4,139,271

$2,351,971 $4,139,271

$2,351,971 $4,139,271

343.1 Defer the FY09 cost of living adjustment.

State General Funds

($1,954)

($1,954)

($1,954)

($1,954)

343.2 Defer special adjustments to selected job classes.

State General Funds

($4,060)

($4,060)

($4,060)

($4,060)

343.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($9,606)

($8,301)

$0

$0

343.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($559)

($559)

($559)

($559)

343.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,271)

$0

$0

$0

343.99

CC: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments. Senate: The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds to construct and renovate agricultural water catchments.

State General Funds

$0

$0

343.100-Conservation of Agricultural Water Supplies

Appropriation (HB 119)

The purpose of this appropriation is to conserve ground and surface water in Georgia by increasing the uniformity and efficiency of agricultural water irrigation

systems, by installing meters on sites with permits for agricultural use to obtain data on agricultural water usage, and by administering the use of federal funds

to construct and renovate agricultural water catchments.

TOTAL STATE FUNDS

$302,850

$307,426

$315,727

$315,727

State General Funds

$302,850

$307,426

$315,727

$315,727

TOTAL FEDERAL FUNDS

$1,465,000

$1,465,000

$1,465,000

$1,465,000

Federal Funds Not Itemized

$1,465,000

$1,465,000

$1,465,000

$1,465,000

TOTAL AGENCY FUNDS

$2,351,971

$2,351,971

$2,351,971

$2,351,971

Intergovernmental Transfers

$2,351,971

$2,351,971

$2,351,971

$2,351,971

6064

JOURNAL OF THE HOUSE

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$2,351,971 $4,119,821

$2,351,971 $4,124,397

$2,351,971 $4,132,698

$2,351,971 $4,132,698

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

$1,656,609 $1,656,609
$252,500 $252,500
$50,000 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

$1,656,609 $1,656,609
$252,500 $252,500
$50,000 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

$1,656,609 $1,656,609
$252,500 $252,500
$50,000 $50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

$1,656,609 $1,656,609
$252,500 $252,500 $50,000
$50,000 $50,000 $1,449,621 $230,000 $230,000 $1,219,621 $1,219,621 $3,408,730

344.1 Defer the FY09 cost of living adjustment.

State General Funds

($14,216)

($14,216)

($14,216)

($14,216)

344.2 Defer special adjustments to selected job classes.

State General Funds

($29,533)

($29,533)

($29,533)

($29,533)

344.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($48,339)

($41,772)

$0

$0

344.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($1,226)

($1,226)

($1,226)

($1,226)

344.5 Reduce funds to reflect the revised revenue estimate.

State General Funds

($16,701)

($31,664)

($31,664)

($31,664)

344.99 CC: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and

FRIDAY, APRIL 3, 2009

6065

approving erosion and sedimentation control plans for soil and water conservation districts. Senate: The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and sedimentation control plans for soil and water conservation districts.

State General Funds

$0

$0

344.100-Conservation of Soil and Water Resources

Appropriation (HB 119)

The purpose of this appropriation is to conserve Georgia's rural and urban natural resources by providing grants to encourage the reduction of erosion and

other non-point source pollution from agricultural lands, by providing technical assistance teaching best management practices on erosion and sedimentation

control to landowners and local governments, by certifying erosion and sedimentation control personnel, and by reviewing and approving erosion and

sedimentation control plans for soil and water conservation districts.

TOTAL STATE FUNDS

$1,546,594

$1,538,198

$1,579,970

$1,579,970

State General Funds

$1,546,594

$1,538,198

$1,579,970

$1,579,970

TOTAL FEDERAL FUNDS

$252,500

$252,500

$252,500

$252,500

Federal Funds Not Itemized

$252,500

$252,500

$252,500

$252,500

TOTAL AGENCY FUNDS

$50,000

$50,000

$50,000

$50,000

Intergovernmental Transfers

$50,000

$50,000

$50,000

$50,000

Intergovernmental Transfers Not Itemized

$50,000

$50,000

$50,000

$50,000

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,449,621

$1,449,621

$1,449,621

$1,449,621

State Funds Transfers

$230,000

$230,000

$230,000

$230,000

Agency to Agency Contracts

$230,000

$230,000

$230,000

$230,000

Federal Funds Transfers

$1,219,621

$1,219,621

$1,219,621

$1,219,621

FF Water Quality Management Planning CFDA66.454

$1,219,621

$1,219,621

$1,219,621

$1,219,621

TOTAL PUBLIC FUNDS

$3,298,715

$3,290,319

$3,332,091

$3,332,091

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

$98,810 $98,810 $98,810

$98,810 $98,810 $98,810

$98,810 $98,810 $98,810

$98,810 $98,810 $98,810

345.1

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($720)

($622)

$0

$0

6066

JOURNAL OF THE HOUSE

345.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($21)

($21)

($21)

($21)

345.3 Transfer funds from the Water Resources and Land Use Planning program to bring high risk dam structures into compliance with Georgia's Safe Dams Act.

State General Funds

$70,000

$70,000

$70,000

$70,000

345.99

CC: The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act. Senate: The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state Safe Dams Act.

State General Funds

$0

$0

345.100-U.S.D.A. Flood Control Watershed Structures

Appropriation (HB 119)

The purpose of this appropriation is to inspect, maintain and provide assistance to owners of USDA flood control structures so that they comply with the state

Safe Dams Act.

TOTAL STATE FUNDS

$168,069

$168,167

$168,789

$168,789

State General Funds

$168,069

$168,167

$168,789

$168,789

TOTAL PUBLIC FUNDS

$168,069

$168,167

$168,789

$168,789

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

$750,559 $750,559 $750,559

$750,559 $750,559 $750,559

$750,559 $750,559 $750,559

$750,559 $750,559 $750,559

346.1

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($144)

($124)

$0

$0

346.2 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($11)

($11)

($11)

($11)

346.3 Reduce funds from contracts.

State General Funds

($271,910)

($271,910)

($271,910)

($271,910)

346.4 Transfer funds to the U.S.D.A. Flood Control Watershed Structures program to bring high risk dam structures into compliance with Georgia's Safe Dams Act.

FRIDAY, APRIL 3, 2009

6067

State General Funds

($70,000)

($70,000)

($70,000)

($70,000)

346.5 Reduce funds from personnel.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

346.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($4,104)

$0

$0

$0

346.99 CC: The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. Senate: The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control.

State General Funds

$0

$0

346.100-Water Resources and Land Use Planning

Appropriation (HB 119)

The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control.

TOTAL STATE FUNDS

$384,390

$388,514

$388,638

State General Funds

$384,390

$388,514

$388,638

TOTAL PUBLIC FUNDS

$384,390

$388,514

$388,638

$388,638 $388,638 $388,638

Section 43: 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

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770

$1,373,192 $1,186,583
$10,346 $176,263 $12,615,578 $12,615,578 $13,988,770

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

$11,022,499

$9,947,607

$11,022,499

$9,947,607

$12,395,691 $11,320,799

$1,373,192 $1,186,583
$10,346 $176,263 $9,947,607 $9,947,607 $11,320,799

$1,373,192 $1,186,583
$10,346 $176,263 $9,947,607 $9,947,607 $11,320,799

Recruitment and Staffing Services

Continuation Budget

The purpose of this appropriation is to provide a central point of contact for the general public.

6068

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS TOTAL INTRA-STATE GOVERNMENT TRANSFERS
State Funds Transfers Merit System Assessments
TOTAL PUBLIC FUNDS

$0 $1,293,708 $1,293,708 $1,293,708 $1,293,708

$0 $1,293,708 $1,293,708 $1,293,708 $1,293,708

$0 $1,293,708 $1,293,708 $1,293,708 $1,293,708

$0 $1,293,708 $1,293,708 $1,293,708 $1,293,708

347.1 Defer the FY09 cost of living adjustment.

Merit System Assessments

($12,939)

($12,939)

($12,939)

($12,939)

347.2 Reduce merit system assessments from $147 to $137 per position.

Merit System Assessments

($107,489)

($107,489)

($107,489)

347.99

CC: The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council workshops, strategic recruitment planning, and consultation services to help attract the right people with the right mix of skills, abilities, interests, and job match to meet state agencies' specific needs. Senate: The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council workshops, strategic recruitment planning, and consultation services to help attract the right people with the right mix of skills, abilities, interests, and job match to meet state agencies' specific needs. House: The purpose of this appropriation is to provide a central point of contact for the general public seeking employment with the state. Gov Rev: The purpose of this appropriation is to provide a central point of contact for the general public seeking employment with the state.

Merit System Assessments

$0

$0

$0

$0

347.100-Recruitment and Staffing Services

Appropriation (HB 119)

The purpose of this appropriation is to provide hands-on assistance via career fairs, Recruitment Advisory Council workshops, strategic recruitment planning,

and consultation services to help attract the right people with the right mix of skills, abilities, interests, and job match to meet state agencies' specific needs.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$1,280,769

$1,173,280

$1,173,280

$1,173,280

State Funds Transfers

$1,280,769

$1,173,280

$1,173,280

$1,173,280

Merit System Assessments

$1,280,769

$1,173,280

$1,173,280

$1,173,280

TOTAL PUBLIC FUNDS

$1,280,769

$1,173,280

$1,173,280

$1,173,280

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 $4,291,639 $4,291,639 $4,291,639 $4,393,910

$0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910

$0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910

$0 $102,271 $102,271 $102,271 $4,291,639 $4,291,639 $4,291,639 $4,393,910

FRIDAY, APRIL 3, 2009

6069

348.1 Defer the FY09 cost of living adjustment.

Merit System Assessments

($116,184)

348.2 Reduce funds from the E-Recruitment program and submit payment to the State Treasury.

Merit System Assessments

($1,398,877)

348.3 Reduce merit system assessments from $147 to $137 per position.

Merit System Assessments

($116,184) ($1,398,877)
($257,974)

($116,184) ($1,398,877)
($257,974)

348.100-System Administration

Appropriation (HB 119)

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

$2,776,578

$2,518,604

$2,518,604

State Funds Transfers

$2,776,578

$2,518,604

$2,518,604

Merit System Assessments

$2,776,578

$2,518,604

$2,518,604

TOTAL PUBLIC FUNDS

$2,878,849

$2,620,875

$2,620,875

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 State General 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 Merit System Assessments Merit System Training and Compensation Fees
TOTAL PUBLIC FUNDS

$0
$1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668

$0
$1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668

$0 $0 $1,270,921 $1,084,312 $1,084,312 $10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668

349.1 Defer the FY09 cost of living adjustment. Merit System Assessments 349.2 Reduce merit system assessments from $147 to $137 per position. Merit System Assessments

($27,278)

($27,278) ($376,212)

($27,278) ($376,212)

($116,184)
($1,398,877)
($257,974)
$102,271 $102,271 $102,271 $2,518,604 $2,518,604 $2,518,604 $2,620,875
$0 $0 $1,270,921 $1,084,312 $1,084,312 $10,346 $10,346 $176,263 $176,263 $3,116,747 $3,116,747 $3,088,908 $27,839 $4,387,668
($27,278)
($376,212)

6070

JOURNAL OF THE HOUSE

349.100-Total Compensation and Rewards

Appropriation (HB 119)

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

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,089,469

$2,713,257

$2,713,257

State Funds Transfers

$3,089,469

$2,713,257

$2,713,257

Merit System Assessments

$3,061,630

$2,685,418

$2,685,418

Merit System Training and Compensation Fees

$27,839

$27,839

$27,839

TOTAL PUBLIC FUNDS

$4,360,390

$3,984,178

$3,984,178

$1,270,921 $1,084,312 $1,084,312
$10,346 $10,346 $176,263 $176,263 $2,713,257 $2,713,257 $2,685,418 $27,839 $3,984,178

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 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

$0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

$0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

$0 $0 $3,913,484 $3,913,484 $3,607,893 $305,591 $3,913,484

350.1 Defer the FY09 cost of living adjustment.

Merit System Assessments

($37,801)

($37,801)

($37,801)

($37,801)

350.2 Reduce merit system assessments from $147 to $137 per position.

Merit System Assessments

($333,217)

($333,217)

($333,217)

350.99

CC: The purpose of this appropriation is to assist state agencies with recruiting, hiring and retaining employees, and to provide training opportunities and assessments of job-related skills to assist employees in their career development. Senate: The purpose of this appropriation is to assist state agencies with recruiting, hiring and retaining employees, and to provide training opportunities and assessments of job-related skills to assist employees in their career development.

State General Funds

$0

$0

350.100-Workforce Development and Alignment

Appropriation (HB 119)

FRIDAY, APRIL 3, 2009

6071

The purpose of this appropriation is to assist state agencies with recruiting, hiring and retaining employees, and to provide training opportunities and

assessments of job-related skills to assist employees in their career development.

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$3,875,683

$3,542,466

$3,542,466

$3,542,466

State Funds Transfers

$3,875,683

$3,542,466

$3,542,466

$3,542,466

Merit System Assessments

$3,570,092

$3,236,875

$3,236,875

$3,236,875

Merit System Training and Compensation Fees

$305,591

$305,591

$305,591

$305,591

TOTAL PUBLIC FUNDS

$3,875,683

$3,542,466

$3,542,466

$3,542,466

The Department is authorized to assess no more than $137.00 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 44: 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

$576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493
$589,784,634

$576,791,488 $31,553,893 $545,237,595 $520,653 $520,653 $12,472,493 $12,472,493 $589,784,634

$576,791,488 $31,553,893 $545,237,595
$520,653 $520,653 $12,472,493 $12,472,493 $589,784,634

$576,791,488 $31,553,893 $545,237,595
$520,653 $520,653 $12,472,493 $12,472,493 $589,784,634

TOTAL STATE FUNDS State General Funds Lottery Proceeds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final

$625,914,944 $626,063,587

$37,528,158 $37,676,801

$588,386,786 $588,386,786

$520,653

$520,653

$520,653

$520,653

$626,435,597 $626,584,240

$626,193,024 $37,699,977 $588,493,047
$520,653 $520,653 $626,713,677

$626,193,024 $37,699,977 $588,493,047
$520,653 $520,653 $626,713,677

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

$4,200,000 $4,200,000 $4,200,000

$4,200,000 $4,200,000 $4,200,000

$4,200,000 $4,200,000 $4,200,000

$4,200,000 $4,200,000 $4,200,000

351.1 Increase funds to meet projected need. Lottery Proceeds

$300,000

$300,000

$300,000

$300,000

6072

JOURNAL OF THE HOUSE

351.100 -Accel

Appropriation (HB 119)

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

$4,500,000

$4,500,000

$4,500,000

$4,500,000

Lottery Proceeds

$4,500,000

$4,500,000

$4,500,000

$4,500,000

TOTAL PUBLIC FUNDS

$4,500,000

$4,500,000

$4,500,000

$4,500,000

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

$710,000 $0
$710,000 $710,000

$710,000 $0
$710,000 $710,000

$710,000 $0
$710,000 $710,000

$710,000 $0
$710,000 $710,000

352.100-Engineer Scholarship

Appropriation (HB 119)

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

$710,000

$710,000

$710,000

$710,000

Lottery Proceeds

$710,000

$710,000

$710,000

$710,000

TOTAL PUBLIC FUNDS

$710,000

$710,000

$710,000

$710,000

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 119)

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.

FRIDAY, APRIL 3, 2009

6073

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

$1,629,200 $1,629,200
$400,000 $400,000 $400,000 $2,029,200

354.1 Eliminate funds.
State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

($1,629,200) ($400,000)
($2,029,200)

($1,629,200) ($400,000)
($2,029,200)

($1,629,200) ($400,000)
($2,029,200)

($1,629,200) ($400,000)
($2,029,200)

Guaranteed Educational Loans

Continuation Budget

The purpose of this appropriation is to provide forgivable loans to students enrolled in critical fields of study, which include programs such as nursing, physical

therapy and pharmacy.

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$3,599,883 $3,599,883 $3,599,883

$3,599,883 $3,599,883 $3,599,883

$3,599,883 $3,599,883 $3,599,883

$3,599,883 $3,599,883 $3,599,883

355.1 Reduce funds to meet projected need. State General Funds

($410,000)

($410,000)

($410,000)

($410,000)

355.100-Guaranteed Educational Loans

Appropriation (HB 119)

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

$3,189,883

$3,189,883

$3,189,883

$3,189,883

State General Funds

$3,189,883

$3,189,883

$3,189,883

$3,189,883

TOTAL PUBLIC FUNDS

$3,189,883

$3,189,883

$3,189,883

$3,189,883

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

6074

JOURNAL OF THE HOUSE

356.1 Increase funds to meet projected need and reflect the loss of prior-year reserves.

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$600,000 ($718,000) ($118,000)

$600,000 ($718,000) ($118,000)

$600,000 ($718,000) ($118,000)

$600,000 ($718,000) ($118,000)

356.99

CC: 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 spouses and children of such members. Senate: 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 spouses and children of such members. House: 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 spouses and children of such members. Gov Rev: 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 spouses and children of such members.

State General Funds

$0

$0

$0

$0

356.100-HERO Scholarship

Appropriation (HB 119)

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 spouses and children of such members.

TOTAL STATE FUNDS

$800,000

$800,000

$800,000

$800,000

State General Funds

$800,000

$800,000

$800,000

$800,000

TOTAL PUBLIC FUNDS

$800,000

$800,000

$800,000

$800,000

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

$5,488,608 $0
$5,488,608 $500,000 $500,000 $500,000
$5,988,608

$5,488,608 $0
$5,488,608 $500,000 $500,000 $500,000
$5,988,608

$5,488,608 $0
$5,488,608 $500,000 $500,000 $500,000
$5,988,608

$5,488,608 $0
$5,488,608 $500,000 $500,000 $500,000
$5,988,608

357.1 Defer the FY09 cost of living adjustment.

Lottery Proceeds

($60,332)

($60,332)

($60,332)

($60,332)

357.2 Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health

FRIDAY, APRIL 3, 2009

6075

Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

Lottery Proceeds

($106,261)

($106,261)

$0

$0

357.3 Reduce funds.

Intergovernmental Transfers Not Itemized

($500,000)

($500,000)

($500,000)

($500,000)

357.100-HOPE Administration

Appropriation (HB 119)

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

$5,322,015

$5,322,015

$5,428,276

$5,428,276

Lottery Proceeds

$5,322,015

$5,322,015

$5,428,276

$5,428,276

TOTAL PUBLIC FUNDS

$5,322,015

$5,322,015

$5,428,276

$5,428,276

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 State General Funds Lottery Proceeds
TOTAL PUBLIC FUNDS

$2,461,614 $0
$2,461,614 $2,461,614

$2,461,614 $0
$2,461,614 $2,461,614

$2,461,614 $0
$2,461,614 $2,461,614

$2,461,614 $0
$2,461,614 $2,461,614

358.1 Reduce funds to meet projected need.

Lottery Proceeds

($104,960)

($104,960)

($104,960)

($104,960)

358.99

CC: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. Senate: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. House: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. Gov Rev: The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia.

State General Funds

$0

$0

$0

$0

358.100-HOPE GED

Appropriation (HB 119)

The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the

Technical College System of Georgia.

6076

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$2,356,654 $2,356,654 $2,356,654

$2,356,654 $2,356,654 $2,356,654

$2,356,654 $2,356,654 $2,356,654

$2,356,654 $2,356,654 $2,356,654

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

$113,251,243 $113,251,243 $113,251,243

$113,251,243 $113,251,243 $113,251,243

$113,251,243 $113,251,243 $113,251,243

$113,251,243 $113,251,243 $113,251,243

359.1 Increase funds to meet projected need. Lottery Proceeds

$17,189,516 $17,189,516 $17,189,516 $17,189,516

359.100-HOPE Grant

Appropriation (HB 119)

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

$130,440,759 $130,440,759 $130,440,759 $130,440,759

Lottery Proceeds

$130,440,759 $130,440,759 $130,440,759 $130,440,759

TOTAL PUBLIC FUNDS

$130,440,759 $130,440,759 $130,440,759 $130,440,759

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

$52,177,437 $52,177,437 $52,177,437

$52,177,437 $52,177,437 $52,177,437

$52,177,437 $52,177,437 $52,177,437

$52,177,437 $52,177,437 $52,177,437

360.1 Reduce funds to meet projected need. Lottery Proceeds

($9,854,343) ($9,854,343) ($9,854,343) ($9,854,343)

360.100-HOPE Scholarships - Private Schools

Appropriation (HB 119)

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

$42,323,094 $42,323,094 $42,323,094 $42,323,094

Lottery Proceeds

$42,323,094 $42,323,094 $42,323,094 $42,323,094

TOTAL PUBLIC FUNDS

$42,323,094 $42,323,094 $42,323,094 $42,323,094

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.

FRIDAY, APRIL 3, 2009

6077

TOTAL STATE FUNDS Lottery Proceeds
TOTAL PUBLIC FUNDS

$354,276,159 $354,276,159 $354,276,159

$354,276,159 $354,276,159 $354,276,159

$354,276,159 $354,276,159 $354,276,159

$354,276,159 $354,276,159 $354,276,159

361.1 Increase funds to meet projected need. Lottery Proceeds

$35,785,571 $35,785,571 $35,785,571 $35,785,571

361.100-HOPE Scholarships - Public Schools

Appropriation (HB 119)

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

$390,061,730 $390,061,730 $390,061,730 $390,061,730

Lottery Proceeds

$390,061,730 $390,061,730 $390,061,730 $390,061,730

TOTAL PUBLIC FUNDS

$390,061,730 $390,061,730 $390,061,730 $390,061,730

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 119)

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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized
TOTAL PUBLIC FUNDS

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

$766,757 $766,757 $520,653 $520,653 $200,000 $200,000 $200,000 $1,487,410

6078

JOURNAL OF THE HOUSE

363.1 Increase funds to meet projected need and reflect the loss of prior-year reserves.

State General Funds Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$200,000 ($200,000)
$0

$200,000 ($200,000)
$0

$200,000 ($200,000)
$0

$200,000 ($200,000)
$0

363.100-Leveraging Educational Assistance Partnership Program

Appropriation (HB 119)

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

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

364.1 Increase funds to meet projected need. State General Funds

$818,849

$818,849

$818,849

$818,849

364.100-North Georgia Military Scholarship Grants

Appropriation (HB 119)

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

$1,502,800

$1,502,800

$1,502,800

$1,502,800

State General Funds

$1,502,800

$1,502,800

$1,502,800

$1,502,800

TOTAL PUBLIC FUNDS

$1,502,800

$1,502,800

$1,502,800

$1,502,800

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

$507,479 $507,479 $507,479

$507,479 $507,479 $507,479

$507,479 $507,479 $507,479

$507,479 $507,479 $507,479

365.1 Increase funds to meet projected need.

FRIDAY, APRIL 3, 2009

6079

State General Funds

$145,000

$145,000

$145,000

365.100-North Georgia ROTC Grants

Appropriation (HB 119)

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

$507,479

$652,479

$652,479

$652,479

State General Funds

$507,479

$652,479

$652,479

$652,479

TOTAL PUBLIC FUNDS

$507,479

$652,479

$652,479

$652,479

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 119)

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

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 119)

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.

6080

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General 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 $0
$5,332,698 $5,332,698

$5,332,698 $0
$5,332,698 $5,332,698

368.99

CC: The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages. Senate: The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages.

State General Funds

$0

$0

368.100-Teacher Scholarship

Appropriation (HB 119)

The purpose of this appropriation is to provide forgivable loans to teachers seeking advanced education degrees in fields of study with critical shortages.

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

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

$23,311,802 $23,311,802 $10,654,493 $10,654,493 $10,654,493 $33,966,295

369.1 Increase funds and the award amount from $850 to $1,100. State General Funds 369.2 Reduce funds reflect the loss of prior-year reserves. Intergovernmental Transfers Not Itemized 369.3 Reduce funds to reflect the revised revenue estimate. State General Funds

$6,500,000

$6,500,000

$6,500,000

$6,500,000

($10,654,493) ($10,654,493) ($10,654,493) ($10,654,493)

($46,608)

($46,608)

($46,608)

($46,608)

369.100-Tuition Equalization Grants

Appropriation (HB 119)

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.

FRIDAY, APRIL 3, 2009

6081

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$29,765,194 $29,765,194 $29,765,194

$29,765,194 $29,765,194 $29,765,194

$29,765,194 $29,765,194 $29,765,194

$29,765,194 $29,765,194 $29,765,194

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

$803,910 $803,910 $803,910

$803,910 $803,910 $803,910

$803,910 $803,910 $803,910

$803,910 $803,910 $803,910

370.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,538)

($8,538)

($8,538)

($8,538)

370.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($26,819)

($23,176)

$0

$0

370.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($3,419)

($3,419)

($3,419)

($3,419)

370.4 Reduce funds from operations.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

370.100-Nonpublic Postsecondary Education Commission

Appropriation (HB 119)

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

$745,134

$748,777

$771,953

$771,953

State General Funds

$745,134

$748,777

$771,953

$771,953

TOTAL PUBLIC FUNDS

$745,134

$748,777

$771,953

$771,953

Section 45: Teachers' Retirement System
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL INTRA-STATE GOVERNMENT TRANSFERS

Section Total - Continuation

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796

$1,523,000 $1,523,000
$448,481 $448,481 $26,236,796

6082

JOURNAL OF THE HOUSE

State Funds Transfers TOTAL PUBLIC FUNDS

$26,236,796 $28,208,277

$26,236,796 $28,208,277

$26,236,796 $28,208,277

$26,236,796 $28,208,277

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

$1,129,000

$1,129,000

$1,129,000

$1,129,000

$448,481

$448,481

$448,481

$448,481

$25,903,706 $25,903,706

$25,903,706 $25,903,706

$27,481,187 $27,481,187

$1,129,000 $1,129,000
$448,481 $448,481 $25,903,706 $25,903,706 $27,481,187

$1,129,000 $1,129,000
$448,481 $448,481 $25,903,706 $25,903,706 $27,481,187

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

$1,523,000 $1,523,000 $1,523,000

$1,523,000 $1,523,000 $1,523,000

$1,523,000 $1,523,000 $1,523,000

$1,523,000 $1,523,000 $1,523,000

371.1 Reduce funds per HB815 (2008 Session).

State General Funds

($121,000)

($121,000)

($121,000)

($121,000)

371.2 Reduce funds due to the declining population of retired teachers who qualify for this benefit.

State General Funds

($273,000)

($273,000)

($273,000)

($273,000)

371.99

CC: The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a postretirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS. Senate: The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

State General Funds

$0

$0

371.100-Floor/COLA, Local System Fund

Appropriation (HB 119)

The purpose of this appropriation is to provide retirees from local retirement systems a minimum allowance upon retirement (Floor) and a post-retirement

benefit adjustment (COLA) whenever such adjustment is granted to teachers who retired under TRS.

TOTAL STATE FUNDS

$1,129,000

$1,129,000

$1,129,000

$1,129,000

State General Funds

$1,129,000

$1,129,000

$1,129,000

$1,129,000

TOTAL PUBLIC FUNDS

$1,129,000

$1,129,000

$1,129,000

$1,129,000

System Administration

Continuation Budget

FRIDAY, APRIL 3, 2009

6083

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 $26,236,796 $26,236,796 $26,236,796 $26,685,277

$0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277

$0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277

$0 $448,481 $448,481 $448,481 $26,236,796 $26,236,796 $26,236,796 $26,685,277

372.1 Defer the FY09 cost of living adjustment. Retirement Payments 372.2 Reduce funds to reflect actual expenditures. Retirement Payments 372.3 Increase funds as required by HB815 (2008 Session). Retirement Payments

($273,950) ($180,140) $121,000

($273,950) ($180,140) $121,000

($273,950) ($180,140) $121,000

($273,950) ($180,140) $121,000

372.100-System Administration

Appropriation (HB 119)

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

$25,903,706 $25,903,706 $25,903,706 $25,903,706

State Funds Transfers

$25,903,706 $25,903,706 $25,903,706 $25,903,706

Retirement Payments

$25,903,706 $25,903,706 $25,903,706 $25,903,706

TOTAL PUBLIC FUNDS

$26,352,187 $26,352,187 $26,352,187 $26,352,187

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 9.74% for State Fiscal Year 2010.

Section 46: Technical College System of Georgia
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized

Section Total - Continuation

$370,975,007 $370,975,007 $60,500,000
$56,750,758

$370,975,007 $370,975,007 $60,500,000
$56,750,758

$370,975,007 $370,975,007 $60,500,000 $56,750,758

$370,975,007 $370,975,007 $60,500,000 $56,750,758

6084

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families TOTAL AGENCY FUNDS
Rebates, Refunds, and Reimbursements Sales and Services TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS

$3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

$3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

$3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

$3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $623,090,007

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS American Recovery and Reinvestment Act of 2009 Child Care & Development Block Grant CFDA93.575 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
TOTAL PUBLIC FUNDS

Section Total - Final $322,639,728 $321,662,636 $322,639,728 $321,662,636 $75,906,239 $75,906,239 $15,406,239 $15,406,239

$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $590,160,967

$56,750,758 $3,749,242 $191,575,000
$100,000 $191,475,000
$40,000 $40,000 $589,183,875

$347,482,215 $347,482,215 $60,226,838
$1,662,111 $58,564,727
$191,575,000 $100,000
$191,475,000 $40,000 $40,000
$599,324,053

$331,829,976 $331,829,976 $75,633,077 $15,406,239
$1,662,111 $58,564,727
$191,575,000 $100,000
$191,475,000 $40,000 $40,000
$599,078,053

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

$16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000 $3,200,000
$3,200,000 $34,897,100

$16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000 $3,200,000 $3,200,000 $34,897,100

$16,297,100 $16,297,100 $15,400,000 $15,400,000
$3,200,000 $3,200,000 $3,200,000 $34,897,100

$16,297,100 $16,297,100 $15,400,000 $15,400,000 $3,200,000 $3,200,000
$3,200,000 $34,897,100

373.1

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

FRIDAY, APRIL 3, 2009

6085

State General Funds

($367,420)

($317,504)

$0

$0

373.2 Reduce funds from Adult Literacy grants.

State General Funds

($1,479,888) ($1,479,888) ($1,479,888) ($1,479,888)

373.3 Reduce funds to reflect the revised revenue estimate.

State General Funds

($145,008)

($145,008)

($145,008)

($145,008)

373.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$31,632

$31,632

373.99

CC: The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills. Senate: The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking, and listening skills.

State General Funds

$0

$0

373.100-Adult Literacy

Appropriation (HB 119)

The purpose of this appropriation is to develop Georgia's workforce by providing adult learners in Georgia with basic reading, writing, computation, speaking,

and listening skills.

TOTAL STATE FUNDS

$14,304,784 $14,354,700 $14,703,836 $14,703,836

State General Funds

$14,304,784 $14,354,700 $14,703,836 $14,703,836

TOTAL FEDERAL FUNDS

$15,400,000 $15,400,000 $15,400,000 $15,400,000

Federal Funds Not Itemized

$15,400,000 $15,400,000 $15,400,000 $15,400,000

TOTAL AGENCY FUNDS

$3,200,000

$3,200,000

$3,200,000

$3,200,000

Sales and Services

$3,200,000

$3,200,000

$3,200,000

$3,200,000

Sales and Services Not Itemized

$3,200,000

$3,200,000

$3,200,000

$3,200,000

TOTAL PUBLIC FUNDS

$32,904,784 $32,954,700 $33,303,836 $33,303,836

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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558
TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized

$10,213,558 $10,213,558 $3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000

$10,213,558 $10,213,558 $3,800,000
$3,750,000 $50,000 $50,000
$1,400,000 $100,000 $100,000

$10,213,558 $10,213,558
$3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000

$10,213,558 $10,213,558 $3,800,000
$3,750,000 $50,000 $50,000
$1,400,000 $100,000 $100,000

6086

JOURNAL OF THE HOUSE

Sales and Services Sales and Services Not Itemized
TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts
TOTAL PUBLIC FUNDS

$1,300,000 $1,300,000
$40,000 $40,000 $40,000 $15,453,558

$1,300,000 $1,300,000
$40,000 $40,000 $40,000 $15,453,558

$1,300,000 $1,300,000
$40,000 $40,000 $40,000 $15,453,558

$1,300,000 $1,300,000
$40,000 $40,000 $40,000 $15,453,558

374.1

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($280,235)

($242,163)

$0

$0

374.2 Reduce funds from operations.

State General Funds

($220,976)

($220,976)

($220,976)

($220,976)

374.3 Reduce funds from personnel.

State General Funds

($1,027,435) ($1,027,435) ($1,027,435) ($1,027,435)

374.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($87,238)

($87,238)

($87,238)

($87,238)

374.5 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($32,390)

($32,390)

($32,390)

374.6 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$8,848

$8,848

374.7 Reduce funds.

Temporary Assistance for Needy Families Grant CFDA93.558

($50,000)

($50,000)

374.99

CC: The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions. Senate: The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the department through its associated programs and institutions.

State General Funds

$0

$0

374.100-Departmental Administration

Appropriation (HB 119)

The purpose of this appropriation is to provide statewide administrative services to support the state workforce development efforts undertaken by the

department through its associated programs and institutions.

FRIDAY, APRIL 3, 2009

6087

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 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
TOTAL PUBLIC FUNDS

$8,597,674 $8,597,674 $3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $13,837,674

$8,603,356 $8,603,356 $3,800,000 $3,750,000
$50,000 $50,000 $1,400,000 $100,000 $100,000 $1,300,000 $1,300,000 $40,000 $40,000 $40,000 $13,843,356

$8,854,367 $8,854,367 $3,750,000 $3,750,000
$1,400,000 $100,000 $100,000
$1,300,000 $1,300,000
$40,000 $40,000 $40,000 $14,044,367

$8,854,367 $8,854,367 $3,750,000 $3,750,000
$1,400,000 $100,000 $100,000
$1,300,000 $1,300,000
$40,000 $40,000 $40,000 $14,044,367

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 FEDERAL FUNDS Federal Funds Not Itemized
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

$16,719,604 $16,719,604
$300,000 $300,000 $8,975,000 $8,975,000 $8,975,000 $25,994,604

375.1

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($207,582)

($179,381)

$0

$0

375.2 Reduce funds.

State General Funds

($1,756,577) ($1,756,577) ($1,756,577) ($1,756,577)

375.3 Eliminate funds for a post-graduate engineering program at Chattahoochee Technical College.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

375.4 Reduce funds to reflect the revised revenue estimate.

6088

JOURNAL OF THE HOUSE

State General Funds

($145,842)

($145,842)

($145,842)

($145,842)

375.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$16,253

$16,253

375.99

CC: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace. Senate: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace.

State General Funds

$0

$0

375.100-Quick Start and Customized Services

Appropriation (HB 119)

The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses

during start-up, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global

marketplace.

TOTAL STATE FUNDS

$14,409,603 $14,437,804 $14,633,438 $14,633,438

State General Funds

$14,409,603 $14,437,804 $14,633,438 $14,633,438

TOTAL FEDERAL FUNDS

$300,000

$300,000

$300,000

$300,000

Federal Funds Not Itemized

$300,000

$300,000

$300,000

$300,000

TOTAL AGENCY FUNDS

$8,975,000

$8,975,000

$8,975,000

$8,975,000

Sales and Services

$8,975,000

$8,975,000

$8,975,000

$8,975,000

Sales and Services Not Itemized

$8,975,000

$8,975,000

$8,975,000

$8,975,000

TOTAL PUBLIC FUNDS

$23,684,603 $23,712,804 $23,908,438 $23,908,438

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 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

$327,744,745 $327,744,745 $41,000,000
$37,300,758 $3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

$327,744,745 $327,744,745 $41,000,000
$37,300,758 $3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

$327,744,745 $327,744,745 $41,000,000 $37,300,758
$3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

$327,744,745 $327,744,745 $41,000,000 $37,300,758
$3,699,242 $3,699,242 $178,000,000 $178,000,000 $178,000,000 $546,744,745

FRIDAY, APRIL 3, 2009

6089

376.1 Annualize the cost of the FY09 salary adjustment.

State General Funds

$3,601,300

$3,601,300

$3,601,300

$3,601,300

376.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($10,563,401) ($9,128,292)

$0

$0

376.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($952,305)

($952,305)

($952,305)

($952,305)

376.4 Reduce funds from formula funding for the technical colleges. (H:Provide for an additional reduction in personal services)

State General Funds

($28,554,556) ($30,804,556) ($28,554,556) ($28,554,556)

376.5 Increase funds due to 5.2% increase in credit hours and a 15.8% increase in square footage.

State General Funds

$17,584,691 $17,584,691 $17,584,691 $17,584,691

376.6 Reduce funds from the Regents Program.

State General Funds

($296,068)

($296,068)

($296,068)

($296,068)

376.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 9.28% to 9.74%.

State General Funds

$722,030

$722,030

$665,297

$665,297

376.8 Reduce funds and realize savings by merging administrative functions of thirteen technical colleges.

State General Funds

($3,500,000) ($3,500,000) ($6,200,000) ($6,200,000)

376.9 Reduce funds from Career Academies.

State General Funds

($2,000,000) ($2,000,000) ($1,250,000) ($1,250,000)

376.10 Reduce funds to reflect the revised revenue estimate.

State General Funds

($3,052,530) ($3,052,530) ($3,052,530) ($3,052,530)

376.11 Recognize funds from the American Recovery and Reinvestment Act of 2009. (S:Transfer ARRA funds to the Quality Basic Education program)

State General Funds American Recovery and Reinvestment Act of 2009 TOTAL PUBLIC FUNDS

($15,406,239) $15,406,239
$0

($15,406,239) $15,406,239
$0

$0 ($15,406,239)

$0 $15,406,239

$0

$0

376.12 Reduce funds to reflect savings from HB700 (2009 Session). (CC:Reduce funds)

State General Funds

($246,000)

$0

($246,000)

376.97 Increase funds to reflect projected revenue receipts.

Child Care & Development Block Grant CFDA93.575 Federal Funds Not Itemized

$1,662,111 $1,813,969

$1,662,111 $1,813,969

6090

JOURNAL OF THE HOUSE

Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS

($3,699,242) ($223,162)

($3,699,242) ($223,162)

376.99

CC: The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase their competitiveness in the workplace. Senate: The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase their competitiveness in the workplace.

State General Funds

$0

$0

376.100-Technical Education

Appropriation (HB 119)

The purpose of this appropriation is to provide for workforce development through certificate, diploma, and degree programs in technical education and

continuing education programs for adult learners, and to encourage both youth and adult learners to acquire post-secondary education or training to increase

their competitiveness in the workplace.

TOTAL STATE FUNDS

$285,327,667 $284,266,776 $309,290,574 $293,638,335

State General Funds

$285,327,667 $284,266,776 $309,290,574 $293,638,335

TOTAL FEDERAL FUNDS

$56,406,239 $56,406,239 $40,776,838 $56,183,077

American Recovery and Reinvestment Act of 2009

$15,406,239 $15,406,239

$15,406,239

Child Care & Development Block Grant CFDA93.575

$1,662,111

$1,662,111

Federal Funds Not Itemized

$37,300,758 $37,300,758 $39,114,727 $39,114,727

Temporary Assistance for Needy Families

$3,699,242

$3,699,242

Temporary Assistance for Needy Families Grant CFDA93.558

$3,699,242

$3,699,242

TOTAL AGENCY FUNDS

$178,000,000 $178,000,000 $178,000,000 $178,000,000

Sales and Services

$178,000,000 $178,000,000 $178,000,000 $178,000,000

Sales and Services Not Itemized

$178,000,000 $178,000,000 $178,000,000 $178,000,000

TOTAL PUBLIC FUNDS

$519,733,906 $518,673,015 $528,067,412 $527,821,412

Section 47: 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

Section Total - Continuation

$856,216,563 $29,659,047
$826,557,516 $1,269,017,438
$26,500,000 $1,242,517,438
$6,759,541 $760,233
$5,999,308 $657,795

$856,216,563 $29,659,047 $826,557,516
$1,269,017,438 $26,500,000
$1,242,517,438 $6,759,541 $760,233 $5,999,308 $657,795

$856,216,563 $29,659,047 $826,557,516 $1,269,017,438 $26,500,000 $1,242,517,438
$6,759,541 $760,233
$5,999,308 $657,795

$856,216,563 $29,659,047 $826,557,516 $1,269,017,438 $26,500,000 $1,242,517,438 $6,759,541
$760,233 $5,999,308
$657,795

FRIDAY, APRIL 3, 2009

6091

State Funds Transfers TOTAL PUBLIC FUNDS

$657,795

$657,795

$657,795

$657,795

$2,132,651,337 $2,132,651,337 $2,132,651,337 $2,132,651,337

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

$707,325,871 $711,995,752

$19,007,214 $23,677,095

$688,318,657 $688,318,657

$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

$1,983,760,645 $1,988,430,526

$699,288,598 $10,449,941 $688,838,657 $1,269,017,438 $26,500,000 $1,242,517,438 $8,237,762
$760,233 $7,477,529
$657,795 $657,795 $1,977,201,593

$703,739,441 $15,420,784 $688,318,657 $1,269,017,438 $26,500,000 $1,242,517,438 $8,237,762
$760,233 $7,477,529
$657,795 $657,795 $1,981,652,436

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

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

$2,310,310 $2,310,310
$275,000 $275,000 $275,000 $657,795 $657,795 $657,795 $3,243,105

377.1 Defer the FY09 cost of living adjustment.

State General Funds

($17,501)

($17,501)

($17,501)

($17,501)

377.2 Defer structure adjustments to the statewide salary plan.

State General Funds

($34,545)

($34,545)

($34,545)

($34,545)

377.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

6092

JOURNAL OF THE HOUSE

State General Funds

($25,476)

($22,015)

$0

$0

377.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($10,043)

($10,043)

($10,043)

($10,043)

377.5 Reduce one-time funds received in HB990 (FY09G) for federally required inspections of two aircraft.

State General Funds

($730,000)

($730,000)

($730,000)

($730,000)

377.6 Reduce funds from personnel.

State General Funds

($40,000)

($40,000)

($40,000)

($40,000)

377.7 Replace funds by selling state planes.

State General Funds Sales and Services Not Itemized TOTAL PUBLIC FUNDS

($1,478,221) $1,478,221
$0

($1,478,221) $1,478,221
$0

377.99

CC: The purpose of this appropriation is to provide air transportation to state officials and businesses considering relocating to or expanding in Georgia and to conduct aerial photography flights for transportation projects. Senate: The purpose of this appropriation is to provide air transportation to state officials and businesses considering relocating to or expanding in Georgia and to conduct aerial photography flights for transportation projects.

State General Funds

$0

$0

377.100-Air Transportation

Appropriation (HB 119)

The purpose of this appropriation is to provide air transportation to state officials and businesses considering relocating to or expanding in Georgia and to

conduct aerial photography flights for transportation projects.

TOTAL STATE FUNDS

$1,452,745

$1,456,206

State General Funds

$1,452,745

$1,456,206

TOTAL AGENCY FUNDS

$275,000

$275,000

$1,753,221

$1,753,221

Sales and Services

$275,000

$275,000

$1,753,221

$1,753,221

Sales and Services Not Itemized

$275,000

$275,000

$1,753,221

$1,753,221

TOTAL INTRA-STATE GOVERNMENT TRANSFERS

$657,795

$657,795

$657,795

$657,795

State Funds Transfers

$657,795

$657,795

$657,795

$657,795

Air Transportation Charges

$657,795

$657,795

$657,795

$657,795

TOTAL PUBLIC FUNDS

$2,385,540

$2,389,001

$2,411,016

$2,411,016

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

$16,455,457 $16,455,457 $6,500,000

$16,455,457 $16,455,457 $6,500,000

$16,455,457 $16,455,457
$6,500,000

$16,455,457 $16,455,457 $6,500,000

FRIDAY, APRIL 3, 2009

6093

Federal Funds Not Itemized TOTAL PUBLIC FUNDS

$6,500,000 $22,955,457

$6,500,000 $22,955,457

$6,500,000 $22,955,457

$6,500,000 $22,955,457

378.1 Defer the FY09 cost of living adjustment.

State General Funds

($3,866)

($3,866)

($3,866)

($3,866)

378.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($60,000)

($51,849)

$0

$0

378.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($7,439)

($7,439)

($7,439)

($7,439)

378.4 Reduce funds from grants for the Georgia Airport Aid program for pavement maintenance projects.

State General Funds

($6,529,157) ($7,029,157) ($7,029,157) ($7,029,157)

378.5 Reduce funds for improvements at the Macon Airport.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

378.6 Reduce funds from personnel.

State General Funds

($200,000)

($200,000)

($200,000)

($200,000)

378.7 Reduce funds to reflect the revised revenue estimate.

State General Funds

($192,283)

($192,283)

($192,283)

($192,283)

378.8 Increase funds for general airport aid. (S:Reduce remaining one-time funds provided in HB990 (FY09G) for general airport aid statewide)

State General Funds

$5,200,000 ($2,770,843)

$0

378.9 Reduce funds for the Georgia Airport Aid Grant Program.

State General Funds

($3,700,000) ($1,700,000)

378.99

CC: The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement projects. Senate: The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement projects.

State General Funds

$0

$0

378.100-Airport Aid

Appropriation (HB 119)

6094

JOURNAL OF THE HOUSE

The purpose of this appropriation is to support safe and accessible air transportation infrastructure by inspecting and licensing public airports, providing

planning assistance to local airports, maintaining the Statewide Aviation System Plan, and awarding grants to local airports for maintenance and improvement

projects.

TOTAL STATE FUNDS

$9,362,712 $14,070,863

$2,451,869

$7,222,712

State General Funds

$9,362,712 $14,070,863

$2,451,869

$7,222,712

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

$15,862,712 $20,570,863

$8,951,869 $13,722,712

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

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

$4,665,832 $901,055
$3,764,777 $8,270,257 $8,270,257
$62,257 $62,257 $62,257 $12,998,346

379.1 Defer the FY09 cost of living adjustment.

State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

($9,865) ($62,143) ($72,008)

($9,865) ($62,143) ($72,008)

($9,865) ($62,143) ($72,008)

($9,865) ($62,143) ($72,008)

379.2 Defer performance based salary adjustments.

State Motor Fuel Funds

($24,857)

($24,857)

($24,857)

($24,857)

379.3

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

$0

$0

$0

$0

379.4 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($444,450)

($444,450)

($444,450)

($444,450)

379.5 Reduce funds and realize savings achieved with the relocation of the Crash Reporting Unit to the Traffic Management Center.

FRIDAY, APRIL 3, 2009

6095

State General Funds

($55,650)

($55,650)

($55,650)

($55,650)

379.6 Reduce funds from the state match to federal funds.

State Motor Fuel Funds

($75,178)

($75,178)

($75,178)

($75,178)

379.7 Reduce funds by eliminating seven vacant positions.

State Motor Fuel Funds

($522,131)

($522,131)

($522,131)

($522,131)

379.8 Reduce funds from operations.

State Motor Fuel Funds

($153,972)

($153,972)

($153,972)

($153,972)

379.9 Reduce funds designated for equipment purchases.

State Motor Fuel Funds

($16,463)

($16,463)

($16,463)

($16,463)

379.10 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($105,259)

($105,259)

($105,259)

($105,259)

379.11 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($27,631)

($27,631)

($27,631)

379.99

CC: The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to provide current and accurate information for planning and public awareness needs. Senate: The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to provide current and accurate information for planning and public awareness needs.

State General Funds

$0

$0

379.100-Data Collection, Compliance and Reporting

Appropriation (HB 119)

The purpose of this appropriation is to collect and disseminate crash, accident, road, and traffic data in accordance with state and federal law in order to

provide current and accurate information for planning and public awareness needs.

TOTAL STATE FUNDS

$3,195,864

$3,168,233

$3,168,233

$3,168,233

State General Funds

$391,090

$363,459

$363,459

$363,459

State Motor Fuel Funds

$2,804,774

$2,804,774

$2,804,774

$2,804,774

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

$11,528,378 $11,500,747 $11,500,747 $11,500,747

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.

6096

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 Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

$68,478,140 $638,837
$67,839,303 $10,839,823 $10,839,823
$898,970 $898,970 $898,970 $80,216,933

380.1 Defer the FY09 cost of living adjustment.

State Motor Fuel Funds

($605,950)

($605,950)

($605,950)

380.2 Defer performance based salary adjustments.

State Motor Fuel Funds

($242,380)

($242,380)

($242,380)

380.3 Reduce one-time funds received in HB990 (FY09G) for the implementation of the freight logistics transport strategy.

State General Funds

($388,837)

($388,837)

($388,837)

380.4 Reduce one-time funds received in HB990 (FY09G) to retrofit diesel school buses with pollution control devices.

State General Funds

($250,000)

($250,000)

($250,000)

380.5 Reduce funds from the state match to federal funds.

State Motor Fuel Funds

($243,004)

($243,004)

($243,004)

380.6 Reduce funds from operations.

State Motor Fuel Funds

($385,001)

($385,001)

($385,001)

380.7 Reduce funds from contracts for information technology consultants.

State Motor Fuel Funds

($2,200,000) ($2,200,000) ($2,200,000)

380.8 Reduce funds designated for vehicle purchases.

State Motor Fuel Funds

($51,000)

($51,000)

($51,000)

380.9 Reduce funds from thirty-five vacant positions.

State Motor Fuel Funds

($1,416,279) ($1,416,279) ($1,416,279)

380.10 Reduce funds from contracts for mowing and landscaping.

State Motor Fuel Funds

($1,790,000) ($1,790,000) ($1,790,000)

380.11 Reduce funds designated for equipment purchases.

State Motor Fuel Funds

($3,658,854) ($3,658,854) ($3,658,854)

380.12 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($3,730,514) ($3,730,514) ($3,730,514)

($605,950) ($242,380) ($388,837) ($250,000) ($243,004) ($385,001) ($2,200,000) ($51,000) ($1,416,279) ($1,790,000) ($3,658,854) ($3,730,514)

FRIDAY, APRIL 3, 2009

6097

380.13 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations.

State Motor Fuel Funds

$12,000,000

$0

$0

380.100-Departmental Administration

Appropriation (HB 119)

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

$53,516,321 $65,516,321 $53,516,321 $53,516,321

State Motor Fuel Funds

$53,516,321 $65,516,321 $53,516,321 $53,516,321

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

$65,255,114 $77,255,114 $65,255,114 $65,255,114

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

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

$156,700,606 $0
$156,700,606 $69,658,670 $69,658,670
$595,233 $595,233 $595,233 $226,954,509

381.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds 381.2 Defer performance based salary adjustments. State Motor Fuel Funds 381.3 Reduce funds from the state match to federal funds. State Motor Fuel Funds 381.4 Reduce funds designated for equipment purchases. State Motor Fuel Funds 381.5 Reduce funds designated to purchase vehicles.

($331,283) ($132,513) ($701,941) ($52,683)

($331,283) ($132,513) ($701,941) ($52,683)

($331,283) ($132,513) ($701,941) ($52,683)

($331,283) ($132,513) ($701,941) ($52,683)

6098

JOURNAL OF THE HOUSE

State Motor Fuel Funds

($69,000)

($69,000)

($69,000)

($69,000)

381.6 Reduce funds from operations.

State Motor Fuel Funds

($145,230)

($145,230)

($145,230)

($145,230)

381.7 Reduce funds for State Fund Construction - Most Needed from $21,361,261 to $2,840,344. (S and CC:Reduce funds from the base budget for the appropriation in line 381.101)

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

($18,520,917)

($18,520,917)

($21,361,261) ($18,450,000) ($39,811,261)

($21,361,261) ($18,450,000) ($39,811,261)

381.8 Reduce funds for State Fund Construction - Off System from $35,602,101 to $16,923,092. (Gov Rev:Reduce funds from State Fund Construction - Off System to $10,176,892 due to the revised revenue estimate)(S and CC:Reduce funds from the base budget for the appropriation in line 381.102)

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

($25,425,209)

($25,425,209)

($35,602,101) ($18,450,000) ($54,052,101)

($35,602,101) ($18,450,000) ($54,052,101)

381.9 Reduce funds for State Fund Construction - Local Road Assistance Program from $60,000,000 to $55,072,018. (S and CC:Reduce funds from the base budget for the appropriation in line 381.103)

State Motor Fuel Funds

($4,927,982) ($4,927,982) ($60,000,000) ($60,000,000)

381.10 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($1,827,629) ($1,827,629) ($1,827,629) ($1,827,629)

381.99

CC: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. Senate: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges.

State General Funds

$0

$0

381.100-Local Road Assistance

Appropriation (HB 119)

The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local

roads and bridges.

TOTAL STATE FUNDS

$104,566,219 $104,566,219 $36,476,968 $36,476,968

State Motor Fuel Funds

$104,566,219 $104,566,219 $36,476,968 $36,476,968

TOTAL FEDERAL FUNDS

$69,658,670 $69,658,670 $32,758,670 $32,758,670

Federal Highway Admin.-Planning & Construction CFDA20.205

$69,658,670 $69,658,670 $32,758,670 $32,758,670

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

$174,820,122 $174,820,122 $69,830,871 $69,830,871

FRIDAY, APRIL 3, 2009

6099

381.101 Special Project - Local Road Assistance: The purpose of this appropriation is to provide funding for Capital Outlay grants to local governments

for State Funded Construction - Most Needed projects. Notwithstanding the statement of specific purpose in this appropriation, the appropriation

of Motor Fuel Funds in Program 381.100 "Local Road Assistance" above may be used for this specific purpose as well.

State Motor Fuel Funds

$19,424,211 $18,904,211

Federal Highway Admin.-Planning & Construction CFDA20.205

$18,450,000 $18,450,000

TOTAL PUBLIC FUNDS

$37,874,211 $37,354,211

381.102 Special Project - Local Road Assistance: The purpose of this appropriation is to provide funding for Capital Outlay grants to local governments

for State Funded Construction - Off System projects. Notwithstanding the statement of specific purpose in this appropriation, the appropriation of

Motor Fuel Funds in Program 381.100 "Local Road Assistance" above may be used for this specific purpose as well.

State Motor Fuel Funds

$17,443,092 $17,443,092

Federal Highway Admin.-Planning & Construction CFDA20.205

$18,450,000 $18,450,000

TOTAL PUBLIC FUNDS

$35,893,092 $35,893,092

381.103 Special Project - Local Road Assistance: The purpose of this appropriation is to provide funding for Capital Outlay grants to local governments

for road and bridge resurfacing projects through the State Funded Construction - Local Road Assistance Program. Notwithstanding the statement

of specific purpose in this appropriation, the appropriation of Motor Fuel Funds in Program 381.100 "Local Road Assistance" above may be used

for this specific purpose as well.

State Motor Fuel Funds

$60,000,000 $60,000,000

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

$1,528,887 $1,528,887 $1,528,887

$1,528,887 $1,528,887 $1,528,887

$1,528,887 $1,528,887 $1,528,887

$1,528,887 $1,528,887 $1,528,887

382.1 Defer the FY09 cost of living adjustment.

State General Funds

($2,211)

($2,211)

($2,211)

($2,211)

382.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

$0

$0

$0

$0

382.3 Reduce funds from the maintenance of state-owned dredge spoils and mosquito control.

State General Funds

($100,000)

($100,000)

($100,000)

($100,000)

382.4 Reduce funds received in HB1027 (FY07G) to pay litigation costs associated with a condemnation lawsuit with the South Carolina Ports Authority and Jasper County, South Carolina.

State General Funds

($500,000)

($500,000)

($500,000)

($500,000)

6100

JOURNAL OF THE HOUSE

382.5 Eliminate funds from two positions and operations and transfer remaining funds to the Georgia Ports Authority for dike and harbor maintenance and mosquito control.

State General Funds

($200,000)

$0

382.99

CC: The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements, rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas. Senate: The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements, rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas.

State General Funds

$0

$0

382.100-Ports and Waterways

Appropriation (HB 119)

The purpose of this appropriation is to maintain the navigability of the Atlantic Intracoastal Waterway and Georgia's deep water ports by providing easements,

rights-of-way, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas.

TOTAL STATE FUNDS

$926,676

$926,676

$726,676

$926,676

State General Funds

$926,676

$926,676

$726,676

$926,676

TOTAL PUBLIC FUNDS

$926,676

$926,676

$726,676

$926,676

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

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

$303,647 $303,647
$88,239 $88,239 $88,239 $391,886

383.1 Defer the FY09 cost of living adjustment.

State General Funds

($4,060)

($4,060)

($4,060)

($4,060)

383.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

$0

$0

$0

$0

383.3 Reduce funds from the Georgia Rail Passenger Authority Board.

State General Funds

($2,406)

($24,060)

($24,060)

($24,060)

383.4 Reduce funds from personnel.

FRIDAY, APRIL 3, 2009

6101

State General Funds

($60,000)

($60,000)

($60,000)

($60,000)

383.99

CC: The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state. Senate: The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state.

State General Funds

$0

$0

383.100 -Rail

Appropriation (HB 119)

The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state.

TOTAL STATE FUNDS

$237,181

$215,527

$215,527

$215,527

State General Funds

$237,181

$215,527

$215,527

$215,527

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

$325,420

$303,766

$303,766

$303,766

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

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

$284,919,481 $0
$284,919,481 $964,973,294 $964,973,294
$165,000 $165,000 $165,000 $1,250,057,775

384.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds 384.2 Defer performance based salary adjustments. State Motor Fuel Funds 384.3 Reduce funds from the state match to federal funds. State Motor Fuel Funds 384.4 Reduce funds from operations.

($1,046,665) ($1,046,665) ($1,046,665) ($1,046,665)

($418,666)

($418,666)

($418,666)

($418,666)

($10,067,900) ($10,067,900) ($10,067,900) ($10,067,900)

6102

JOURNAL OF THE HOUSE

State Motor Fuel Funds

($404,805)

($404,805)

($404,805)

($404,805)

384.5 Reduce funds designated to purchase vehicles.

State Motor Fuel Funds

($391,368)

($391,368)

($391,368)

($391,368)

384.6 Reduce funds by eliminating sixty-nine vacant positions.

State Motor Fuel Funds

($7,159,964) ($7,159,964) ($7,159,964) ($7,159,964)

384.7 Reduce Funds for State Fund Construction - Most Needed from $14,240,840 to $1,893,562.

State Motor Fuel Funds

($12,347,278) ($12,347,278) ($12,347,278) ($12,347,278)

384.8 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($3,584,989) ($3,584,989) ($3,584,989) ($3,584,989)

384.9

Transfer funds for the state match to federal funds to the Departmental Administration ($12,000,000), State Highway System Maintenance ($10,000,000), and State Highway System Operations ($10,000,000) programs and use for operations. (S and CC:Transfer funds to the Local Road Assistance Program to offset grant reductions and to the Payments to the State Road and Tollway Authority to fully fund the FY10 GARVEE debt service requirements)

State Motor Fuel Funds

($32,000,000) ($32,000,000) ($32,000,000)

384.10 Reduce funds from the base budget for the appropriation in line 384.101.

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

($189,349,138) ($189,349,138) ($885,396,550) ($885,396,550) ($1,074,745,688) ($1,074,745,688)

384.99

CC: The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects. Senate: The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects, acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed projects.

State General Funds

$0

$0

384.100-State Highway System Construction and Improvement

Appropriation (HB 119)

The purpose of this appropriation is to improve and expand the state's transportation infrastructure by planning for and selecting road and bridge projects,

acquiring rights-of-way, completing engineering and project impact analyses, procuring and monitoring construction contracts, and certifying completed

projects.

TOTAL STATE FUNDS

$249,497,846 $217,497,846 $28,148,746 $28,148,746

State Motor Fuel Funds

$249,497,846 $217,497,846 $28,148,746 $28,148,746

TOTAL FEDERAL FUNDS

$964,973,294 $964,973,294 $79,576,794 $79,576,794

Federal Highway Admin.-Planning & Construction CFDA20.205

$964,973,294 $964,973,294 $79,576,794 $79,576,794

TOTAL AGENCY FUNDS

$165,000

$165,000

$165,000

$165,000

Intergovernmental Transfers

$165,000

$165,000

$165,000

$165,000

FRIDAY, APRIL 3, 2009

6103

Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS

$165,000

$165,000

$165,000

$165,000

$1,214,636,140 $1,182,636,140 $107,890,540 $107,890,540

384.101 Special Project - State Highway System Construction and Improvement: The purpose of this appropriation is to provide funding for Capital

Outlay for road construction and enhancement projects on local and state road systems. Notwithstanding the statement of specific purpose in this

appropriation, the appropriation of Motor Fuel Funds in Program 384.100 "State Highway Construction and Improvement" above may be used for

this specific purpose as well.

State Motor Fuel Funds

$189,349,138 $189,349,138

Federal Highway Admin.-Planning & Construction CFDA20.205

$885,396,550 $885,396,550

TOTAL PUBLIC FUNDS

$1,074,745,688 $1,074,745,688

State Highway System Maintenance

Continuation Budget

The purpose of this appropriation is to coordinate all statewide maintenance activities.

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

$192,591,918 $192,591,918

$192,591,918 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $346,339,372

$192,591,918 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $346,339,372

$192,591,918 $0
$192,591,918 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $346,339,372

$192,591,918 $0
$192,591,918 $153,104,852 $153,104,852
$642,602 $642,602 $642,602 $346,339,372

385.1 Defer the FY09 cost of living adjustment. State Motor Fuel Funds 385.2 Defer performance based salary adjustments. State Motor Fuel Funds 385.3 Reduce funds by eliminating 110 vacant positions. State Motor Fuel Funds 385.4 Reduce funds from the state match to federal funds. State Motor Fuel Funds 385.5 Reduce funds from operations. State Motor Fuel Funds 385.6 Reduce funds from the State Forces 107 Program. State Motor Fuel Funds 385.7 Reduce funds designated to purchase vehicles.

($1,372,765) ($1,372,765) ($1,372,765) ($1,372,765)

($549,106)

($549,106)

($549,106)

($549,106)

($6,613,384) ($6,613,384) ($6,613,384) ($6,613,384)

($1,655,698) ($1,655,698) ($1,655,698) ($1,655,698)

($644,804)

($644,804)

($644,804)

($644,804)

($5,900,000) ($5,900,000) ($5,900,000) ($5,900,000)

6104

JOURNAL OF THE HOUSE

State Motor Fuel Funds

($1,207,751) ($1,207,751) ($1,207,751) ($1,207,751)

385.8 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($10,707,510) ($10,707,510) ($10,707,510) ($10,707,510)

385.9 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations.

State Motor Fuel Funds

$10,000,000

$0

$0

385.10 Reduce funds from the base budget for the appropriation in line 385.101.

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

($26,154,596) ($26,154,596) ($128,218,385) ($128,218,385) ($154,372,981) ($154,372,981)

385.99

CC: The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for emergency operations on state routes, and to maintain state rest areas and welcome centers. Senate: The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for emergency operations on state routes, and to maintain state rest areas and welcome centers.

State General Funds

$0

$0

385.100-State Highway System Maintenance

Appropriation (HB 119)

The purpose of this appropriation is to ensure a safe and adequately maintained state transportation system by inspecting roads and bridges, cataloguing road

and bridge conditions and maintenance needs, and providing routine maintenance for state road and bridges. The purpose of this appropriation is also to

maintain landscaping on road easements and rights-of-way through planting, litter control, vegetation removal, and grants to local governments, to provide for

emergency operations on state routes, and to maintain state rest areas and welcome centers.

TOTAL STATE FUNDS

$163,940,900 $173,940,900 $137,786,300 $137,786,300

State Motor Fuel Funds

$163,940,900 $173,940,900 $137,786,300 $137,786,300

TOTAL FEDERAL FUNDS

$153,104,852 $153,104,852 $24,886,452 $24,886,452

Federal Highway Admin.-Planning & Construction CFDA20.205

$153,104,852 $153,104,852 $24,886,452 $24,886,452

TOTAL AGENCY FUNDS

$642,602

$642,602

$642,602

$642,602

Sales and Services

$642,602

$642,602

$642,602

$642,602

Sales and Services Not Itemized

$642,602

$642,602

$642,602

$642,602

TOTAL PUBLIC FUNDS

$317,688,354 $327,688,354 $163,315,354 $163,315,354

385.101 Special Project - State Highway System Maintenance: The purpose of this appropriation is to provide funding for Capital Outlay for maintenance projects. Notwithstanding the statement of specific purpose in this appropriation, the appropriation of Motor Fuel Funds in Program 385.100 "State Highway Maintenance" above may be used for this specific purpose as well.

FRIDAY, APRIL 3, 2009

6105

State Motor Fuel Funds Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS

$26,154,596 $128,218,385 $154,372,981

$26,154,596 $128,218,385 $154,372,981

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 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

$26,491,645
$26,491,645 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $66,188,427

$26,491,645
$26,491,645 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $66,188,427

$26,491,645 $0
$26,491,645 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $66,188,427

$26,491,645 $0
$26,491,645 $35,670,542 $35,670,542
$4,026,240 $4,026,240 $4,026,240 $66,188,427

386.1 Defer the FY09 cost of living adjustment.

State Motor Fuel Funds

($342,532)

($342,532)

($342,532)

($342,532)

386.2 Defer performance based salary adjustments.

State Motor Fuel Funds

($137,013)

($137,013)

($137,013)

($137,013)

386.3 Reduce funds by eliminating twenty-three vacant positions.

State Motor Fuel Funds

($4,415,328) ($4,415,328) ($4,415,328) ($4,415,328)

386.4 Reduce funds designated to purchase vehicles.

State Motor Fuel Funds

($50,000)

($50,000)

($50,000)

($50,000)

386.5 Reduce funds from the state match to federal funds.

State Motor Fuel Funds

($399,709)

($399,709)

($399,709)

($399,709)

386.6 Reduce funds from operations.

State Motor Fuel Funds

($558,303)

($558,303)

($558,303)

($558,303)

386.7 Reduce funds to reflect the revised revenue estimate.

State Motor Fuel Funds

($947,899)

($947,899)

($947,899)

($947,899)

386.8 Transfer funds for the state match to federal funds from the State Highway Construction and Improvement program and use for operations.

State Motor Fuel Funds

$10,000,000

$0

$0

386.99

CC: The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals.

6106

JOURNAL OF THE HOUSE

Senate: The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals.

State General Funds

$0

$0

386.100-State Highway System Operations

Appropriation (HB 119)

The purpose of this appropriation is to ensure a safe and efficient transportation system statewide by conducting traffic engineering studies for traffic safety

planning, permitting for activity on or adjacent to state roads, providing motorist assistance and traffic information through the Highway Emergency Response

Operators (HERO) program and Intelligent Transportation System, and conducting inspections, repairs, and installations of traffic signals.

TOTAL STATE FUNDS

$19,640,861 $29,640,861 $19,640,861 $19,640,861

State Motor Fuel Funds

$19,640,861 $29,640,861 $19,640,861 $19,640,861

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

$59,337,643 $69,337,643 $59,337,643 $59,337,643

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

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

$7,520,854 $7,520,854 $20,000,000 $20,000,000
$6,000 $6,000 $6,000 $27,526,854

387.1 Defer the FY09 cost of living adjustment.

State General Funds

($8,403)

($8,403)

($8,403)

($8,403)

387.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

FRIDAY, APRIL 3, 2009

6107

State General Funds

($55,600)

($48,046)

$0

$0

387.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($31,640)

($31,640)

($31,640)

($31,640)

387.4 Reduce funds from grants for local transit agencies for replacing transit buses, vans, and other capital maintenance items.

State General Funds

($788,401)

($788,401)

($788,401)

($788,401)

387.99

CC: The purpose of this appropriation is to provide financial, planning, and training assistance to Georgia's urban and rural transit systems and to administer federal transit grants. Senate: The purpose of this appropriation is to provide financial, planning, and training assistance to Georgia's urban and rural transit systems and to administer federal transit grants.

State General Funds

$0

$0

387.100 -Transit

Appropriation (HB 119)

The purpose of this appropriation is to provide financial, planning, and training assistance to Georgia's urban and rural transit systems and to administer

federal transit grants.

TOTAL STATE FUNDS

$6,636,810

$6,644,364

$6,692,410

$6,692,410

State General Funds

$6,636,810

$6,644,364

$6,692,410

$6,692,410

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

$26,642,810 $26,650,364 $26,698,410 $26,698,410

Payments to the State Road and Tollway Authority

Continuation Budget

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 State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

$94,249,786 $0
$94,249,786 $94,249,786

$94,249,786 $0
$94,249,786 $94,249,786

$94,249,786 $0
$94,249,786 $94,249,786

$94,249,786 $0
$94,249,786 $94,249,786

388.1 Increase funds for required debt service on issued Grant Anticipation Revenue Vehicles (GARVEE) bonds for the Fast Forward program.

State Motor Fuel Funds

$28,201,950 $28,201,950 $31,943,901 $31,943,901

388.2 Reduce funds for the State Transportation Infrastructure Bank due to the revised revenue estimate.

State Motor Fuel Funds

($28,100,000) ($28,100,000) ($28,100,000) ($28,100,000)

6108

JOURNAL OF THE HOUSE

388.99

CC: The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects statewide and to capitalize the Community Improvement District Congestion Relief Fund. Senate: The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects statewide and to capitalize the Community Improvement District Congestion Relief Fund.

State General Funds

$0

$0

388.100-Payments to the State Road and Tollway Authority

Appropriation (HB 119)

The purpose of this appropriation is to fund debt service payments on non-general obligation bonds and other finance instruments for transportation projects

statewide and to capitalize the Community Improvement District Congestion Relief Fund.

TOTAL STATE FUNDS

$94,351,736 $94,351,736 $98,093,687 $98,093,687

State Motor Fuel Funds

$94,351,736 $94,351,736 $98,093,687 $98,093,687

TOTAL PUBLIC FUNDS

$94,351,736 $94,351,736 $98,093,687 $98,093,687

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 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 48: Veterans Service, Department of
TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Continuation

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

$25,701,669 $25,701,669 $20,140,280 $20,140,280 $45,841,949

FRIDAY, APRIL 3, 2009

6109

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

Section Total - Final $22,198,570 $22,232,012 $22,198,570 $22,232,012 $18,176,491 $18,176,491 $18,176,491 $18,176,491 $40,375,061 $40,408,503

$22,822,878 $22,822,878 $18,463,401 $18,463,401 $41,286,279

$22,822,878 $22,822,878 $18,463,401 $18,463,401 $41,286,279

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

$850,660 $850,660 $850,660

$850,660 $850,660 $850,660

$850,660 $850,660 $850,660

$850,660 $850,660 $850,660

389.1 Defer the FY09 cost of living adjustment.

State General Funds

($6,361)

($6,361)

($6,361)

($6,361)

389.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($25,195)

($21,772)

$0

$0

389.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($6,128)

($6,128)

($6,128)

($6,128)

389.4 Transfer funds from the Veterans Benefits program to meet projected expenditures.

State General Funds

$500,000

$500,000

$500,000

$500,000

389.5 Reduce one-time funds received in HB990 (FY09G) for a backlog of veterans case files.

State General Funds

($20,000)

($20,000)

($20,000)

($20,000)

389.6 Reduce funds to reflect the revised revenue estimate.

State General Funds

($45,000)

($45,000)

($45,000)

($45,000)

389.7 Reduce merit system assessments from $147 to $137 per position.

State General Funds

($792)

($792)

($792)

389.100-Departmental Administration

Appropriation (HB 119)

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.

6110

JOURNAL OF THE HOUSE

TOTAL STATE FUNDS State General Funds
TOTAL PUBLIC FUNDS

$1,247,976 $1,247,976 $1,247,976

$1,250,607 $1,250,607 $1,250,607

$1,272,379 $1,272,379 $1,272,379

$1,272,379 $1,272,379 $1,272,379

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

$570,702 $570,702
$35,700 $35,700 $606,402

$570,702 $570,702
$35,700 $35,700 $606,402

$570,702 $570,702
$35,700 $35,700 $606,402

$570,702 $570,702 $35,700
$35,700 $606,402

390.1 Defer the FY09 cost of living adjustment.

State General Funds

($4,294)

($4,294)

($4,294)

($4,294)

390.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($17,637)

($15,241)

$0

$0

390.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($260)

($260)

($260)

($260)

390.4 Reduce funds to reflect the revised revenue estimate.

State General Funds

($5,500)

($5,500)

($5,500)

($5,500)

390.100-Georgia Veterans Memorial Cemetery

Appropriation (HB 119)

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

$543,011

$545,407

$560,648

$560,648

State General Funds

$543,011

$545,407

$560,648

$560,648

TOTAL FEDERAL FUNDS

$35,700

$35,700

$35,700

$35,700

Federal Funds Not Itemized

$35,700

$35,700

$35,700

$35,700

TOTAL PUBLIC FUNDS

$578,711

$581,107

$596,348

$596,348

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.

FRIDAY, APRIL 3, 2009

6111

TOTAL STATE FUNDS State General Funds
TOTAL FEDERAL FUNDS Federal Funds Not Itemized
TOTAL PUBLIC FUNDS

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

$6,129,026 $6,129,026 $5,821,556 $5,821,556 $11,950,582

391.1 Reduce funds and payments to the Medical College of Georgia for operations.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($373,110)

($373,110)

$0

$0

($286,910)

($286,910)

$0

$0

($660,020)

($660,020)

$0

$0

391.99

CC: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical College of Georgia. Senate: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical College of Georgia.

State General Funds

$0

$0

391.100-Georgia War Veterans Nursing Home - Augusta

Appropriation (HB 119)

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical

College of Georgia.

TOTAL STATE FUNDS

$5,755,916

$5,755,916

$6,129,026

$6,129,026

State General Funds

$5,755,916

$5,755,916

$6,129,026

$6,129,026

TOTAL FEDERAL FUNDS

$5,534,646

$5,534,646

$5,821,556

$5,821,556

Federal Funds Not Itemized

$5,534,646

$5,534,646

$5,821,556

$5,821,556

TOTAL PUBLIC FUNDS

$11,290,562 $11,290,562 $11,950,582 $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

$11,502,288 $11,502,288 $9,659,584 $9,659,584 $21,161,872

$11,502,288 $11,502,288 $9,659,584
$9,659,584 $21,161,872

$11,502,288 $11,502,288
$9,659,584 $9,659,584 $21,161,872

$11,502,288 $11,502,288 $9,659,584
$9,659,584 $21,161,872

392.1 Reduce funds from the Georgia War Veterans Home Domiciliary and close the facility.

State General Funds Federal Funds Not Itemized TOTAL PUBLIC FUNDS

($2,239,896) ($1,676,879) ($3,916,775)

($2,239,896) ($1,676,879) ($3,916,775)

($2,239,896) ($1,676,879) ($3,916,775)

($2,239,896) ($1,676,879) ($3,916,775)

6112

JOURNAL OF THE HOUSE

392.99

CC: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Senate: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. House: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Gov Rev: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

State General Funds

$0

$0

$0

$0

392.100-Georgia War Veterans Nursing Home - Milledgeville

Appropriation (HB 119)

The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans.

TOTAL STATE FUNDS

$9,262,392

$9,262,392

$9,262,392

State General Funds

$9,262,392

$9,262,392

$9,262,392

TOTAL FEDERAL FUNDS

$7,982,705

$7,982,705

$7,982,705

Federal Funds Not Itemized

$7,982,705

$7,982,705

$7,982,705

TOTAL PUBLIC FUNDS

$17,245,097 $17,245,097 $17,245,097

$9,262,392 $9,262,392 $7,982,705 $7,982,705 $17,245,097

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

$6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433

$6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433

$6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433

$6,648,993 $6,648,993 $4,623,440 $4,623,440 $11,272,433

393.1 Defer the FY09 cost of living adjustment.

State General Funds

($68,862)

($68,862)

($68,862)

($68,862)

393.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($209,158)

($180,743)

$0

$0

393.3 Reduce funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

($7,477)

($7,477)

($7,477)

($7,477)

393.4 Eliminate funds received in HB990 (FY09G) for a web-based system that would enable veterans to submit forms and claims information online.

State General Funds

($300,000)

($300,000)

($300,000)

($300,000)

393.5 Transfer funds to the Departmental Administration program to meet projected expenditures.

FRIDAY, APRIL 3, 2009

6113

State General Funds 393.6 Reduce funds to reflect the revised revenue estimate. State General Funds

($500,000) ($174,221)

($500,000) ($174,221)

($500,000) ($174,221)

($500,000) ($174,221)

393.100-Veterans Benefits

Appropriation (HB 119)

The purpose of this appropriation is to serve Georgia's veterans, their dependents and survivors in all matters pertaining to veterans benefits by informing the

veterans and their families about veterans benefits, and directly assisting and advising them in securing the benefits to which they are entitled.

TOTAL STATE FUNDS

$5,389,275

$5,417,690

$5,598,433

$5,598,433

State General Funds

$5,389,275

$5,417,690

$5,598,433

$5,598,433

TOTAL FEDERAL FUNDS

$4,623,440

$4,623,440

$4,623,440

$4,623,440

Federal Funds Not Itemized

$4,623,440

$4,623,440

$4,623,440

$4,623,440

TOTAL PUBLIC FUNDS

$10,012,715 $10,041,130 $10,221,873 $10,221,873

Section 49: Workers' Compensation, State Board of
TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Continuation

$17,720,194 $17,720,194
$200,000 $200,000 $17,920,194

$17,720,194 $17,720,194
$200,000 $200,000 $17,920,194

$17,720,194 $17,720,194
$200,000 $200,000 $17,920,194

$17,720,194 $17,720,194
$200,000 $200,000 $17,920,194

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services
TOTAL PUBLIC FUNDS

Section Total - Final

$18,831,434 $18,896,364

$18,831,434 $18,896,364

$200,000

$200,000

$200,000

$200,000

$19,031,434 $19,096,364

$19,319,813 $19,319,813
$200,000 $200,000 $19,519,813

$19,319,813 $19,319,813
$200,000 $200,000 $19,519,813

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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

$11,216,053 $11,216,053
$175,000 $175,000 $175,000 $11,391,053

394.1 Defer the FY09 cost of living adjustment. State General Funds

($125,557)

($125,557)

($125,557)

($125,557)

6114

JOURNAL OF THE HOUSE

394.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($411,890)

($67,517)

$0

$0

394.100-Administer the Workers' Compensation Laws

Appropriation (HB 119)

The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law.

TOTAL STATE FUNDS

$10,678,606 $11,022,979 $11,090,496

State General Funds

$10,678,606 $11,022,979 $11,090,496

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

$10,853,606 $11,197,979 $11,265,496

$11,090,496 $11,090,496
$175,000 $175,000 $175,000 $11,265,496

Board Administration

Continuation Budget

The purpose of this appropriation is to provide superior access to the Georgia Workers' Compensation program for injured workers and employers in a manner

that is sensitive, responsive, and effective.

TOTAL STATE FUNDS State General Funds
TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized
TOTAL PUBLIC FUNDS

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

$6,504,141 $6,504,141
$25,000 $25,000 $25,000 $6,529,141

395.1 Defer the FY09 cost of living adjustment.

State General Funds

($24,894)

($24,894)

($24,894)

($24,894)

395.2

Reduce funds to reflect the adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.856%. (Gov Rev:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other PostEmployment Benefits (OPEB) contributions from 22.165% to 16.567%)(H:Reduce funds to reflect an adjustment in the employer share of State Health Benefit Plan and Other Post-Employment Benefits (OPEB) contributions from 22.165% to 17.329% in order to restore the expected state employee contribution to 25% of the cost of the plan)

State General Funds

($78,132)

($355,932)

$0

$0

395.3 Increase funds to reallocate expenses resulting from the Georgia Technology Authority (GTA) Georgia IT (GAIT) outsourcing project.

State General Funds

$32,528

$32,528

$32,528

$32,528

395.4 Increase funds and payments to the State Treasury from $1,961,807 to $3,680,992.

State General Funds

$1,719,185

$1,719,185

$1,719,185

$1,719,185

FRIDAY, APRIL 3, 2009

6115

395.5 Reduce merit system assessments from $147 to $137 per position. State General Funds

($1,643)

($1,643)

($1,643)

395.100-Board Administration

Appropriation (HB 119)

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

$8,152,828

$7,873,385

$8,229,317

$8,229,317

State General Funds

$8,152,828

$7,873,385

$8,229,317

$8,229,317

TOTAL AGENCY FUNDS

$25,000

$25,000

$25,000

$25,000

Sales and Services

$25,000

$25,000

$25,000

$25,000

Sales and Services Not Itemized

$25,000

$25,000

$25,000

$25,000

TOTAL PUBLIC FUNDS

$8,177,828

$7,898,385

$8,254,317

$8,254,317

Section 50: State of Georgia General Obligation Debt Sinking Fund
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

Section Total - Continuation

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

$1,009,675,013 $794,073,670 $215,601,343
$1,009,675,013

TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

Section Total - Final $1,131,575,314 $1,131,188,771
$906,893,971 $906,507,428 $224,681,343 $224,681,343 $1,131,575,314 $1,131,188,771

$1,125,168,809 $901,007,466 $224,161,343
$1,125,168,809

$1,130,957,708 $906,276,365 $224,681,343
$1,130,957,708

General Obligation Debt Sinking Fund - Issued
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$903,133,634 $708,070,991 $195,062,643 $903,133,634

$903,133,634 $708,070,991 $195,062,643 $903,133,634

$903,133,634 $708,070,991 $195,062,643 $903,133,634

$903,133,634 $708,070,991 $195,062,643 $903,133,634

396.1 Increase funds to meet additional debt service requirements on issued bonds.

State General Funds

$790,780

$790,780

$790,780

396.2 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

$86,002,679 $20,538,700 $106,541,379

$86,002,679 $20,538,700 $106,541,379

$86,002,679 $20,538,700 $106,541,379

$790,780
$86,002,679 $20,538,700 $106,541,379

6116

JOURNAL OF THE HOUSE

396.3 Utilize existing funds from prior year unspent balance of $31,393,806 to meet FY10 debt service requirements. (G:YES)(S:YES)

State General Funds

$0

$0

$0

$0

396.4 Utilize existing funds from prior year unspent balance of $9,216,563 to meet FY10 debt service requirements. (G:YES)(S:YES)

State Motor Fuel Funds

$0

$0

$0

$0

396.5 Reduce funds for debt service to reflect actual needs.

State General Funds

($7,258,501) ($7,258,501) ($7,258,501) ($7,258,501)

396.6 Repeal the balance of $80,000 of the authorization of $2,500,000 in 5-year bonds from HB85 (FY06G) for the Georgia Ports Authority for Container Berths 4, 5, and 6 overlay upgrade.

State General Funds

($22,351)

($22,351)

($22,351)

396.100-General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS
State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

Appropriation (HB 119) $1,003,207,292 $1,003,184,941 $1,003,184,941
$787,605,949 $787,583,598 $787,583,598 $215,601,343 $215,601,343 $215,601,343 $1,003,207,292 $1,003,184,941 $1,003,184,941

$1,003,184,941 $787,583,598 $215,601,343
$1,003,184,941

General Obligation Debt Sinking Fund - New
TOTAL STATE FUNDS State General Funds State Motor Fuel Funds
TOTAL PUBLIC FUNDS

Continuation Budget

$106,541,379 $86,002,679 $20,538,700
$106,541,379

$106,541,379 $86,002,679 $20,538,700 $106,541,379

$106,541,379 $86,002,679 $20,538,700 $106,541,379

$106,541,379 $86,002,679 $20,538,700 $106,541,379

397.1 Transfer funds from GO Bonds New to Go Bonds Issued to reflect the issuance of new bonds.

State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS
Total Debt Service 10 year at 5.27%

($86,002,679) ($86,002,679) ($86,002,679) ($86,002,679) ($20,538,700) ($20,538,700) ($20,538,700) ($20,538,700) ($106,541,379) ($106,541,379) ($106,541,379) ($106,541,379)

State General Funds 20 year at 5.75%

$1,521,920

$1,521,920

$1,521,920

State General Funds State Motor Fuel Funds

$83,967,608 $8,560,000

20 year at 6%
State General Funds 20 year at 6.5%
State General Funds State Motor Fuel Funds
20 year at 7%
State General Funds 20 year at 7.5%
State General Funds 5 year at 5%
State General Funds 5 year at 5.25%
State General Funds Total Debt Service
State General Funds State Motor Fuel Funds
Total Principal Amount 10 year at 5.27%
State General Funds 20 year at 5.75%
State General Funds State Motor Fuel Funds
20 year at 6%
State General Funds

FRIDAY, APRIL 3, 2009

6117

$58,860

$89,184,214 $9,080,000

$86,442,962 $9,080,000

$87,955,236 $9,080,000

$1,283,840

$1,283,840

$1,335,520

$28,061,880

$28,581,888 $29,675,108

$27,931,771

$119,288,022 $118,923,830 $113,423,868 $118,692,767

$9,080,000

$9,080,000

$8,560,000

$9,080,000

$11,600,000 $11,600,000

$11,600,000

$980,930,000 $100,000,000

$675,000

6118

JOURNAL OF THE HOUSE

20 year at 6.5%

State General Funds State Motor Fuel Funds
20 year at 7%

$982,205,000 $952,015,000 $100,000,000 $100,000,000

$968,670,000 $100,000,000

State General Funds 20 year at 7.5%

$13,600,000

$13,600,000

State General Funds 5 year at 5%

$13,600,000

State General Funds 5 year at 5.25%

$121,480,000

State General Funds Total Principal

$122,880,000 $127,580,000

$120,085,000

State General Funds State Motor Fuel Funds

$1,116,685,000 $1,104,795,000 $1,116,685,000 $1,113,955,000 $100,000,000 $100,000,000 $100,000,000 $100,000,000

397.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS
State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS

Appropriation (HB 119)

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

Corrections, Department of

397.101 BOND: GDC multi-projects: $10,000,000 in principal for 5 years at 5.25%: Repair facilities statewide.

From State General Funds, $2,326,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$2,326,000

$2,326,000

$2,310,000

$2,326,000

Corrections, Department of 397.102 BOND: GDC multi-projects: $5,000,000 in principal for 20 years at 6.5%: Construct and renovate facilities statewide.

FRIDAY, APRIL 3, 2009

6119

From State General Funds, $454,000 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 240 months.

State General Funds

$454,000

$454,000

$428,000

$454,000

Corrections, Department of

397.103 BOND: GDC multi-projects: $5,000,000 in principal for 20 years at 6.5%: Fund security and life safety upgrades statewide.

From State General Funds, $454,000 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 240 months.

State General Funds

$454,000

$454,000

$428,000

$454,000

Corrections, Department of

397.104 BOND: Headquarters and Training Academy: $13,150,000 in principal for 20 years at 6.5%: Complete the relocation to Forsyth. (CC:Reduce

funds for equipment)

From State General Funds, $1,194,020 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 $13,150,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$1,421,020

$1,421,020

$1,339,640

$1,194,020

Corrections, Department of

397.105 BOND: Baldwin State Prison: $1,380,000 in principal for 20 years at 6.5%: Design and construct the conversion of Baldwin State Prison to a

Mental Health Prison.

From State General Funds, $125,304 is specifically appropriated for the purpose of financing projects and facilities for the Department of

Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property,

highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

issuance of not more than $1,380,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not

in excess of 240 months.

State General Funds

$125,304

$125,304

$118,128

$125,304

Investigation, Georgia Bureau of 397.111 BOND: GBI Headquarters and Morgue: $300,000 in principal for 5 years at 5.25%: Upgrade the facility's electrical and fire systems.
From State General Funds, $69,780 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,

6120

JOURNAL OF THE HOUSE

through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$69,780

$69,780

$69,300

$69,780

Investigation, Georgia Bureau of

397.112 BOND: GBI Multi-Projects: $1,000,000 in principal for 5 years at 5.25%: Purchase crime lab equipment.

From State General Funds, $232,600 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 $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

$232,600

$231,000

$232,600

Juvenile Justice, Department of

397.121 BOND: DJJ Multi-Projects: $4,275,000 in principal for 5 years at 5.25%: Fund facility maintenance and repairs statewide.

From State General Funds, $994,365 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 $4,275,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$994,365

$994,365

$987,525

$994,365

Juvenile Justice, Department of

397.122 BOND: DJJ Multi-Projects: $6,835,000 in principal for 20 years at 6.5%: Fund facility construction and renovations statewide.

From State General Funds, $620,618 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 $6,835,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$620,618

$620,618

$585,076

$620,618

Juvenile Justice, Department of

397.123 BOND: DJJ Multi-Projects: $4,915,000 in principal for 20 years at 6.5%: Construct a new Rockdale Regional Youth Detention Center (RYDC)

and complete the Clayton RYDC 20 bed addition.

From State General Funds, $446,282 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 $4,915,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$446,282

$446,282

$420,724

$446,282

FRIDAY, APRIL 3, 2009

6121

Environmental Facilities Authority, Georgia

397.201 BOND: Local Government Infrastructure: $37,000,000 in principal for 20 years at 6.5%: Capitalize the state funded water and sewer

construction loan program.

From State General Funds, $3,359,600 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 $37,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of

240 months.

State General Funds

$3,359,600

$3,359,600

$3,167,200

$3,359,600

Environmental Facilities Authority, Georgia

397.202 BOND: Local Government Infrastructure: $3,500,000 in principal for 20 years at 6.5%: Fund the state match for the federal Clean Water State

Revolving Fund water and sewer construction loan program.

From State General Funds, $317,800 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$317,800

$317,800

$299,600

$317,800

Environmental Facilities Authority, Georgia

397.203 BOND: Local Government Infrastructure: $4,500,000 in principal for 20 years at 6.5%: Fund the state match for the Drinking Water State

Revolving Fund water and sewer construction loan program.

From State General Funds, $408,600 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 $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

$408,600

$408,600

$385,200

$408,600

Ports Authority, Georgia

397.211 BOND: Ports Authority: $36,045,000 in principal for 20 years at 6.5%: Fund the state match to federal funds for the Savannah Harbor Expansion

Project.

From State General Funds, $3,272,886 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 $36,045,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$3,272,886

$3,272,886

$3,085,452

$3,272,886

Transportation, Department of 397.221 BOND: Georgia Regional Transportation Authority: $11,600,000 in principal for 10 years at 5.27%: Fund the state match to federal funds to
purchase buses for the Xpress service. From State General Funds, $1,521,920 is specifically appropriated for the purpose of financing projects and facilities for the Department

6122

JOURNAL OF THE HOUSE

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 $11,600,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 120 months.

State General Funds

$1,521,920

$1,521,920

$0

$1,521,920

Transportation, Department of

397.222 BOND: Georgia Regional Transportation Authority: $3,700,000 in principal for 20 years at 6.5%: Fund the state match to federal funds to

construct two Xpress Park-and-Ride Lots.

From State General Funds, $335,960 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 $3,700,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$335,960

$335,960

$0

$335,960

Community Affairs, Department of 397.223 BOND: Xpress: $0 in principal for 20 years at 6.5%: Fund a matching grant program for Community Improvement Districts (CID) for projects
on state routes that meet mobility enhancement criteria in major employment centers.

State General Funds

$1,816,000

$1,816,000

$0

$0

Transportation, Department of

397.231 BOND: Rail Lines: $3,500,000 in principal for 20 years at 6.5%: Rehabilitate the rail line between Nunez and Vidalia and provide for an

extension of McNatt Boulevard for a rail crossing.

From State General Funds, $317,800 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$317,800

$317,800

$299,600

$317,800

Transportation, Department of

397.232 BOND: Fast Forward: $100,000,000 in principal for 20 years at 6.5%: Fund road projects statewide.

From State Motor Fuel Funds, $9,080,000 is specifically appropriated for the purpose of financing projects and facilities for the

Department of Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $100,000,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State Motor Fuel Funds

$9,080,000

$9,080,000

$8,560,000

$9,080,000

FRIDAY, APRIL 3, 2009

6123

Transportation, Department of

397.233 BOND: Rail Lines: $4,200,000 in principal for 20 years at 6.5%: Rehabilitate the rail line from Lyerly to Coosa ($2,000,000), fund the St.

Augustine Road Rail Switching Yard Expansion ($1,000,000), and rehabilitate two bridges on the Heart of Georgia rail line in Montgomery

County and Wilcox County ($1,200,000).

From State General Funds, $381,360 is specifically appropriated for the purpose of financing projects and facilities for the Department of

Transportation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters,

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

through the issuance of not more than $4,200,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$359,520

$381,360

Economic Development, Department of

397.241 BOND: Georgia World Congress Center: $3,200,000 in principal for 20 years at 6.5%: Renovate the Georgia World Congress Center and

replace the roof of the Thomas Murphy Ballroom and Sidney Marcus Auditorium.

From State General Funds, $290,560 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$290,560

$273,920

$290,560

Economic Development, Department of

397.251 BOND: Georgia International and Maritime Trade Center Authority: $4,000,000 in principal for 20 years at 6.5%: Construct passenger

intermodal and docking facilities on the River Walk.

From State General Funds, $363,200 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 $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

$342,400

$363,200

Herty Foundation

397.261 BOND: Herty Advanced Materials Development Center: $250,000 in principal for 20 years at 6.5%: Design and construct a covered biofuels

testing facility.

From State General Funds, $22,700 is specifically appropriated for the purpose of financing projects and facilities for the Herty

Foundation by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property,

highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

issuance of not more than $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

$21,400

$22,700

6124

JOURNAL OF THE HOUSE

Education, Department of

397.301 BOND: K - 12 Schools: $100,720,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular for local school construction.

(CC:Fund at the $160 million entitlement level)

From State General Funds, $9,145,376 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

$100,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$9,552,614

$9,552,614

$9,005,548

$9,145,376

Education, Department of

397.302 BOND: K - 12 Schools: $105,200,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Exceptional Growth for local school

construction. (CC:Fund at the $160 million entitlement level)

From State General Funds, $9,552,160 is specifically appropriated for the purpose of financing educational facilities for county and

independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than

$105,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$10,106,948 $10,106,948

$9,528,136

$9,552,160

Education, Department of

397.303 BOND: K - 12 Schools: $78,690,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Regular Advance for local school

construction.

From State General Funds, $7,145,052 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

$78,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$7,145,052

$7,145,052

$6,735,864

$7,145,052

Education, Department of

397.304 BOND: K - 12 Schools: $2,020,000 in principal for 20 years at 6.5%: Fund the Capital Outlay Program-Low Wealth for local school

construction.

From State General Funds, $183,416 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

$2,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,089,600

$183,416

$172,912

$183,416

Education, Department of

397.305 BOND: K - 12 Equipment: $7,000,000 in principal for 5 years at 5.25%: Purchase vocational equipment.

From State General Funds, $1,628,200 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 $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not

in excess of 60 months.

State General Funds

$1,628,200

$1,628,200

$1,617,000

$1,628,200

FRIDAY, APRIL 3, 2009

6125

Education, Department of

397.306 BOND: K - 12 Schools: $3,990,000 in principal for 5 years at 5.25%: Fund facility repairs and improvements at state schools.

From State General Funds, $928,074 is specifically appropriated for the purpose of financing educational facilities for county and

independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than

$3,990,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

State General Funds

$928,074

$928,074

$921,690

$928,074

Education, Department of 397.307 BOND: K - 12 Schools: $0 in principal for 20 years at 6.5%: Provide additional funds to schools that meet low wealth eligibility requirements
per OCGA 20-2-262 (d)(1)(5) to assist with major capital projects.

State General Funds

$854,288

$0

Building Authority, Georgia 397.401 BOND: GBA Parking Facilities: $0 in principal for 20 years at 6.5%: Design and construct the South Parking Deck as part of the Capitol Hill
Master Plan.

State General Funds

$4,523,202

$3,632,000

$0

$0

Building Authority, Georgia 397.402 BOND: GBA Parking Facilities: $0 in principal for 5 years at 5.25%: Purchase equipment for parking improvements for revenue collection and
access control.

State General Funds

$325,640

$0

$0

$0

Building Authority, Georgia 397.403 BOND: Georgia History Museum: $0 in principal for 5 years at 5.25%: Design space and exhibits.

State General Funds

$232,600

$0

$0

$0

Building Authority, Georgia

397.404 BOND: GBA multi-projects: $2,730,000 in principal for 5 years at 5.25%: Renovate the Judicial Building. (CC:Provide funds to design a new

facility)

From State General Funds, $634,998 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 $2,730,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 60 months.

State General Funds

$247,884

$233,688

$634,998

6126

JOURNAL OF THE HOUSE

Building Authority, Georgia

397.405 BOND: GBA multi-projects: $6,395,000 in principal for 20 years at 6.5%: Renovate to correct facility deficiencies at 2 Peachtree and 90

Central. (S and CC:Correct additional facility deficiencies)

From State General Funds, $580,666 is specifically appropriated for the purpose of financing projects and facilities for the Georgia

Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters,

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

through the issuance of not more than $6,395,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$363,200

$547,412

$580,666

Financing and Investment Commission, Georgia State

397.411 BOND: Americans with Disability Act: $1,500,000 in principal for 5 years at 5.25%: Fund ADA related facilities improvements statewide.

From State General Funds, $348,900 is specifically appropriated for the purpose of financing projects and facilities for the Georgia State

Financing and Investment Commission by means of the acquisition, construction, development, extension, enlargement, or improvement

of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in

connection therewith, through the issuance of not more than $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

$348,900

$348,900

$346,500

$348,900

Revenue, Department of

397.421 BOND: Tax System: $5,000,000 in principal for 5 years at 5.25%: Continue implementation of the Integrated Tax System.

From State General Funds, $1,163,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not

in excess of 60 months.

State General Funds

$2,326,000

$2,326,000

$2,310,000

$1,163,000

Revenue, Department of

397.422 BOND: Tax System: $750,000 in principal for 5 years at 5.25%: Complete implementation of the Enterprise Data Warehouse.

From State General Funds, $174,450 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 $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

$174,450

$174,450

$173,250

$174,450

Human Services, Department of 397.501 BOND: Central State Hospital: $2,425,000 in principal for 20 years at 6.5%: Replace natural gas line and roof.
From State General Funds, $220,190 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters,

FRIDAY, APRIL 3, 2009

6127

property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,

through the issuance of not more than $2,425,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$220,190

$220,190

$207,580

$220,190

Human Services, Department of

397.502 BOND: East Central Regional Hospital: $1,510,000 in principal for 20 years at 6.5%: Replace fire alarm monitoring system and cooling tower

and perform asbestos abatement.

From State General Funds, $137,108 is specifically appropriated for the purpose of financing projects and facilities for the Department of

Human 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 $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

$137,108

$137,108

$129,256

$137,108

Human Services, Department of

397.503 BOND: Atlanta Regional Hospital: $815,000 in principal for 20 years at 6.5%: Replace perimeter fence.

From State General Funds, $74,002 is specifically appropriated for the purpose of financing projects and facilities for the Department of

Human 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 $815,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$74,002

$74,002

$69,764

$74,002

Human Services, Department of

397.504 BOND: Southwestern State Hospital - Thomasville: $3,570,000 in principal for 20 years at 6.5%: Replace electrical distribution system and air

handler systems.

From State General Funds, $324,156 is specifically appropriated for the purpose of financing projects and facilities for the Department of

Human 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 $3,570,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$324,156

$324,156

$305,592

$324,156

Human Services, Department of 397.505 BOND: Northwest Georgia Regional Hospital: $400,000 in principal for 5 years at 5.25%: Repair mechanical systems.
From State General Funds, $93,040 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human 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 $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.

6128

JOURNAL OF THE HOUSE

State General Funds

$93,040

$93,040

$92,400

$93,040

Human Services, Department of

397.506 BOND: Outdoor Therapeutic Program: $360,000 in principal for 20 years at 6.5%: Design, construct, and equip school expansion and

renovation.

From State General Funds, $32,688 is specifically appropriated for the purpose of financing projects and facilities for the Department of

Human 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$32,688

$32,688

$30,816

$32,688

Veterans Service, Department of

397.511 BOND: Georgia Veterans Memorial Cemetery: $360,000 in principal for 20 years at 6.5%: Provide the state match to federal funds to plan and

program, design, construct, and equip Phase 2 of the cemetery expansion.

From State General Funds, $32,688 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 $360,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$32,688

$32,688

$30,816

$32,688

Veterans Service, Department of

397.512 BOND: Georgia War Veterans Nursing Home, Milledgeville: $505,000 in principal for 20 years at 6.5%: Provide the state match to federal

funds to design, construct, and equip electrical improvements and interior renovations at the Wood Building.

From State General Funds, $45,854 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 $505,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$45,854

$45,854

$43,228

$45,854

Veterans Service, Department of

397.513 BOND: Georgia War Veterans Nursing Home, Milledgeville: $315,000 in principal for 20 years at 6.5%: Provide the state match to federal

funds to design, construct, and equip electrical improvements and interior renovations at the Vinson Building.

From State General Funds, $28,602 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 $315,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$28,602

$28,602

$26,964

$28,602

FRIDAY, APRIL 3, 2009

6129

University System of Georgia, Board of Regents

397.601 BOND: Gordon College: $1,260,000 in principal for 5 years at 5.25%: Purchase equipment for the Nursing/Health building.

From State General Funds, $293,076 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, 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 60 months.

State General Funds

$293,076

$293,076

$291,060

$293,076

University System of Georgia, Board of Regents

397.602 BOND: Georgia Perimeter College: $1,000,000 in principal for 5 years at 5.25%: Purchase equipment for the Alpharetta Academic Facility.

From State General Funds, $232,600 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 $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

$232,600

$232,600

$231,000

$232,600

University System of Georgia, Board of Regents

397.603 BOND: Southern Polytechnic State University: $3,690,000 in principal for 5 years at 5.25%: Purchase equipment for the Engineering

Technology Center.

From State General Funds, $858,294 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $3,690,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$858,294

$858,294

$852,390

$858,294

University System of Georgia, Board of Regents

397.604 BOND: University of Georgia: $5,975,000 in principal for 20 years at 6.5%: Design, construct, and equip a new Central Utility Plant in the

Northwest Precinct.

From State General Funds, $542,530 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $5,975,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$542,530

$542,530

$511,460

$542,530

University System of Georgia, Board of Regents 397.605 BOND: Darton College: $1,600,000 in principal for 20 years at 6.5%: Acquire and renovate strategic property.
From State General Funds, $145,280 is specifically appropriated for the purpose of financing projects and facilities for the Board of

6130

JOURNAL OF THE HOUSE

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, 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

$145,280

$0

$136,960

$145,280

University System of Georgia, Board of Regents

397.606 BOND: College of Coastal Georgia: $13,300,000 in principal for 20 years at 6.5%: Construct the Health Sciences Building.

From State General Funds, $1,207,640 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 $13,300,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,207,640

$1,207,640

$1,138,480

$1,207,640

University System of Georgia, Board of Regents

397.607 BOND: Fort Valley State University: $13,400,000 in principal for 20 years at 6.5%: Design and construct renovations for Huntington Hall, Ohio

Hall, and the Isaac Miller Science Building.

From State General Funds, $1,216,720 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 $13,400,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,216,720

$0

$1,147,040

$1,216,720

University System of Georgia, Board of Regents 397.608 BOND: Georgia College and State University: $0 in principal for 20 years at 6.5%: Design and construct renovations for Historic Ennis Hall.

State General Funds

$892,110

$892,110

$0

$0

University System of Georgia, Board of Regents

397.609 BOND: Georgia Gwinnett College: $2,000,000 in principal for 20 years at 6.5%: Design and construct infrastructure and utility improvements.

From State General Funds, $181,600 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 $2,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$181,600

$181,600

$171,200

$181,600

University System of Georgia, Board of Regents 397.610 BOND: Georgia Institute of Technology: $43,000,000 in principal for 20 years at 6.5%: Construct the Undergraduate Learning Commons.

FRIDAY, APRIL 3, 2009

6131

From State General Funds, $3,904,400 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 $43,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$3,904,400

$3,904,400

$3,680,800

$3,904,400

University System of Georgia, Board of Regents

397.611 BOND: Gainesville State College: $31,200,000 in principal for 20 years at 6.5%: Construct an academic facility.

From State General Funds, $2,832,960 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $31,200,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,832,960

$2,270,000

$2,670,720

$2,832,960

University System of Georgia, Board of Regents

397.612 BOND: Kennesaw State University: $19,000,000 in principal for 20 years at 6.5%: Design and construct the laboratory addition to the science

building.

From State General Funds, $1,725,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $19,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,622,142

$1,725,200

$1,626,400

$1,725,200

University System of Georgia, Board of Regents

397.613 BOND: Middle Georgia College: $500,000 in principal for 5 years at 5.25%: Design, construct, and equip the Georgia Hall renovation.

From State General Funds, $116,300 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $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

$116,300

$116,300

$115,500

$116,300

University System of Georgia, Board of Regents 397.614 BOND: Macon State College: $20,100,000 in principal for 20 years at 6.5%: Construct the teacher education building.
From State General Funds, $1,825,080 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,100,000 in principal amount of General Obligation Debt, the

6132

JOURNAL OF THE HOUSE

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$1,825,080

$1,825,080

$1,720,560

$1,825,080

University System of Georgia, Board of Regents

397.615 BOND: North Georgia College and State University: $16,445,000 in principal for 20 years at 6.5%: Design, construct, and equip renovations and

additions for an historic facility related to four buildings and for campus wide technology improvements.

From State General Funds, $1,493,206 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $16,445,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$948,406

$948,406

$1,407,692

$1,493,206

University System of Georgia, Board of Regents 397.616 BOND: Savannah State University: $0 in principal for 20 years at 6.5%: Design, construct, and equip the Marine Biology and Environmental
Sciences building addition.

State General Funds

$236,080

$236,080

$0

$0

University System of Georgia, Board of Regents

397.617 BOND: University of Georgia: $26,600,000 in principal for 20 years at 6.5%: Construct the Special Collections Library.

From State General Funds, $2,415,280 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 $26,600,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$2,415,280

$2,415,280

$2,276,960

$2,415,280

University System of Georgia, Board of Regents

397.618 BOND: Armstrong Atlantic State University: $1,100,000 in principal for 5 years at 5.25%: Design the Lane Library addition.

From State General Funds, $255,860 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 $1,100,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$255,860

$255,860

$254,100

$255,860

University System of Georgia, Board of Regents 397.619 BOND: Albany State University: $0 in principal for 5 years at 5.25%: Design the Ray Charles Fine Arts Center.

State General Funds

$418,680

$0

$415,800

$0

FRIDAY, APRIL 3, 2009

6133

University System of Georgia, Board of Regents

397.620 BOND: Clayton State University: $2,100,000 in principal for 5 years at 5.25%: Design a new science building.

From State General Funds, $488,460 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, 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

$488,460

$0

$485,100

$488,460

University System of Georgia, Board of Regents

397.621 BOND: Georgia Perimeter College: $2,200,000 in principal for 5 years at 5.25%: Design an academic building.

From State General Funds, $511,720 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 $2,200,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$511,720

$511,720

$508,200

$511,720

University System of Georgia, Board of Regents

397.622 BOND: Georgia Southern University: $2,600,000 in principal for 5 years at 5.25%: Design a new biology building.

From State General Funds, $604,760 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, 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

$604,760

$604,760

$600,600

$604,760

University System of Georgia, Board of Regents

397.623 BOND: Georgia Southwestern State University: $1,100,000 in principal for 5 years at 5.25%: Design a new health and human sciences building.

From State General Funds, $255,860 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 $1,100,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$255,860

$255,860

$254,100

$255,860

University System of Georgia, Board of Regents 397.624 BOND: University of West Georgia: $1,400,000 in principal for 5 years at 5.25%: Design a new nursing building.
From State General Funds, $325,640 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

6134

JOURNAL OF THE HOUSE

useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$325,640

$325,640

$323,400

$325,640

University System of Georgia, Board of Regents 397.625 BOND: Valdosta State University: $0 in principal for 5 years at 5.25%: Design a new health science building.

State General Funds

$651,280

$651,280

$646,800

$0

University System of Georgia, Board of Regents

397.626 BOND: Medical College of Georgia: $6,000,000 in principal for 5 years at 5.25%: Design the new Consolidated Medical Education Commons.

From State General Funds, $1,395,600 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 $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

$1,395,600

$1,395,600

$1,386,000

$1,395,600

University System of Georgia, Board of Regents

397.627 BOND: University of Georgia - Griffin Campus: $800,000 in principal for 20 years at 6.5%: Fund infrastructure improvements and renovations.

From State General Funds, $72,640 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 $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

$72,640

$72,640

$68,480

$72,640

University System of Georgia, Board of Regents

397.628 BOND: Regents: $60,000,000 in principal for 20 years at 6.5%: Fund major repairs and rehabilitation statewide.

From State General Funds, $5,448,000 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 240 months.

State General Funds

$6,356,000

$5,448,000

$5,136,000

$5,448,000

University System of Georgia, Board of Regents 397.629 BOND: Georgia Research Alliance: $10,000,000 in principal for 5 years at 5.25%: Fund equipment for research and development infrastructure
for science-based economic development. From State General Funds, $2,326,000 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

FRIDAY, APRIL 3, 2009

6135

improvement of land, waters, 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 60 months.

State General Funds

$2,326,000

$2,326,000

$2,310,000

$2,326,000

University System of Georgia, Board of Regents

397.630 BOND: East Georgia College: $4,900,000 in principal for 20 years at 6.5%: Design and construct the Classroom, Student Services, and

Administration Building.

From State General Funds, $444,920 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $4,900,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$444,920

$419,440

$444,920

University System of Georgia, Board of Regents

397.631 BOND: Georgia State University: $9,600,000 in principal for 20 years at 6.5%: Acquire and develop an outdoor student recreation facility.

From State General Funds, $871,680 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $9,600,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$871,680

$0

$871,680

University System of Georgia, Board of Regents

397.632 BOND: Georgia State University: $8,000,000 in principal for 20 years at 6.5%: Complete the Parker H. Petit Science Center.

From State General Funds, $726,400 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 $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

$726,400

$0

$726,400

University System of Georgia, Board of Regents 397.633 BOND: Medical College of Georgia: $27,000,000 in principal for 20 years at 6.5%: Complete design, construction, and equipment of the School
of Dentistry. From State General Funds, $2,451,600 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 $27,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

6136

JOURNAL OF THE HOUSE

State General Funds

$2,451,600

$2,311,200

$2,451,600

University System of Georgia, Board of Regents

397.634 BOND: Georgia Research Alliance: $3,000,000 in principal for 5 years at 5.25%: Fund science equipment and other technology, to be matched

by private funds, at University System institutions statewide.

From State General Funds, $697,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of

Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or

improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or

useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 60 months.

State General Funds

$2,326,000

$0

$697,800

University System of Georgia, Board of Regents

397.635 BOND: Atlanta Metropolitan College: $2,500,000 in principal for 20 years at 6.5%: Design and construct the Science Academic Building

Addition.

From State General Funds, $227,000 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 $2,500,000 in principal amount of General Obligation Debt, the

instruments of which shall have maturities not in excess of 240 months.

State General Funds

$214,000

$227,000

Technical College System of Georgia

397.661 BOND: Technical College Multi-Projects: $20,965,000 in principal for 5 years at 5.25%: Purchase equipment for construction projects nearing

completion.

From State General Funds, $4,876,459 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $20,965,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 60 months.

State General Funds

$4,876,459

$4,876,459

$4,842,915

$4,876,459

Technical College System of Georgia

397.662 BOND: Technical College Multi-Projects: $14,000,000 in principal for 5 years at 5.25%: Replace obsolete equipment.

From State General Funds, $3,256,400 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, 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 60 months.

State General Funds

$3,256,400

$3,256,400

$3,234,000

$3,256,400

FRIDAY, APRIL 3, 2009

6137

Technical College System of Georgia

397.663 BOND: Technical College Multi-Projects: $20,000,000 in principal for 20 years at 6.5%: Fund facility repairs and renovations.

From State General Funds, $1,816,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, 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

$1,816,000

$1,816,000

$1,712,000

$1,816,000

Technical College System of Georgia

397.664 BOND: Central Georgia Technical College: $17,680,000 in principal for 20 years at 6.5%: Design and construct the Center for Health Sciences

at the Milledgeville Campus.

From State General Funds, $1,605,344 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $17,680,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$1,605,344

$0

$1,513,408

$1,605,344

Technical College System of Georgia

397.665 BOND: Griffin Technical College: $19,315,000 in principal for 20 years at 6.5%: Design and construct the Medical Technology Building.

From State General Funds, $1,753,802 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $19,315,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$1,753,802

$1,753,802

$1,653,364

$1,753,802

Technical College System of Georgia

397.666 BOND: Moultrie Technical College: $9,540,000 in principal for 20 years at 6.5%: Design and construct the Allied Health Building.

From State General Funds, $866,232 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $9,540,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$866,232

$866,232

$816,624

$866,232

Technical College System of Georgia 397.667 BOND: Sandersville Technical College: $10,200,000 in principal for 20 years at 6.5%: Design and construct a Health Sciences and Business
Development Center. From State General Funds, $926,160 is specifically appropriated for the purpose of financing projects and facilities for the Technical

6138

JOURNAL OF THE HOUSE

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $10,200,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$926,160

$0

$873,120

$926,160

Technical College System of Georgia

397.668 BOND: Altamaha Technical College: $14,375,000 in principal for 20 years at 6.5%: Design and construct a classroom building and truck driving

range.

From State General Funds, $1,305,250 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $14,375,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$1,305,250

$1,305,250

$1,230,500

$1,305,250

Technical College System of Georgia

397.669 BOND: Griffin Technical College: $475,000 in principal for 5 years at 5.25%: Design and construct a classroom building. (CC:Design a

classroom building)

From State General Funds, $110,485 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $475,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 60 months.

State General Funds

$771,800

$771,800

$727,600

$110,485

Technical College System of Georgia

397.670 BOND: West Central Technical College: $8,480,000 in principal for 20 years at 6.5%: Plan, design, and construct a Classroom Building and

Truck Driving Range.

From State General Funds, $769,984 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $8,480,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$769,984

$725,888

$769,984

Technical College System of Georgia 397.671 BOND: Northwestern Technical College: $3,000,000 in principal for 5 years at 5.25%: Design and construct a campus in Catoosa County.
(CC:Design a campus in Catoosa County) From State General Funds, $697,800 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

FRIDAY, APRIL 3, 2009

6139

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 60 months.

State General Funds

$299,172

$697,800

Technical College System of Georgia

397.672 BOND: Technical College Multi-Projects: $15,000,000 in principal for 20 years at 6.5%: 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, $1,362,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, 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

$1,284,000

$1,362,000

Technical College System of Georgia

397.673 BOND: North Georgia Technical College: $6,020,000 in principal for 20 years at 6.5%: Renovate the Hoyt Coe Classroom Building on the

Clarkesville campus.

From State General Funds, $546,616 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $6,020,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$515,312

$546,616

Technical College System of Georgia

397.674 BOND: Ogeechee Technical College: $6,050,000 in principal for 20 years at 6.5%: Design and construct an addition to the Health Sciences

building.

From State General Funds, $549,340 is specifically appropriated for the purpose of financing projects and facilities for the Technical

College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land,

waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $6,050,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$517,880

$549,340

University System of Georgia, Board of Regents 397.680 BOND: Regents: $0 in principal for 5 years at 5.25%: Fund major repairs and rehabilitation to public libraries statewide.

State General Funds

$231,000

$0

6140

JOURNAL OF THE HOUSE

University System of Georgia, Board of Regents

397.681 BOND: Rockmart Library: $1,895,000 in principal for 20 years at 6.5%: Design and renovate a building as part of the Sara Hightower Regional

Library System.

From State General Funds, $172,066 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 Rockmart Library, for that library, through the issuance of not more than

$1,895,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.

State General Funds

$172,066

$0

$162,212

$172,066

University System of Georgia, Board of Regents

397.682 BOND: DeKalb County Central Library Annex: $2,000,000 in principal for 20 years at 6.5%: Design and construct as part of the DeKalb County

Public Library System.

From State General Funds, $181,600 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 DeKalb County Central Library Annex, 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

$181,600

$0

$171,200

$181,600

University System of Georgia, Board of Regents

397.683 BOND: R.T. Jones Memorial Library: $1,050,000 in principal for 20 years at 6.5%: Design and renovate as part of the Sequoyah Regional

Library System.

From State General Funds, $95,340 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 R.T. Jones Memorial Library, for that library, 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 240

months.

State General Funds

$95,340

$95,340

$89,880

$95,340

University System of Georgia, Board of Regents

397.684 BOND: Athens-Clarke County Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct as part of the Athens Regional

Library System.

From State General Funds, $181,600 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 Athens-Clarke 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

$181,600

$0

$171,200

$181,600

University System of Georgia, Board of Regents 397.685 BOND: St. Mary's Public Library: $860,000 in principal for 20 years at 6.5%: Design and construct the renovations and expansion as part of the
Three Rivers Regional Library System. From State General Funds, $78,088 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 St. Mary's Public Library, for that library, 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 240

FRIDAY, APRIL 3, 2009

6141

months. State General Funds

$78,088

$78,088

$73,616

$78,088

University System of Georgia, Board of Regents

397.686 BOND: Morgan County Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct the renovations and expansion as part of the

Uncle Remus Regional Library System.

From State General Funds, $181,600 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 Morgan 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

$181,600

$181,600

$171,200

$181,600

University System of Georgia, Board of Regents

397.687 BOND: Jeff Davis Public Library: $1,145,000 in principal for 20 years at 6.5%: Design and construct as part of the Satilla Regional Library

System.

From State General Funds, $103,966 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 $1,145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$103,966

$103,966

$98,012

$103,966

University System of Georgia, Board of Regents

397.688 BOND: Thomasville Central Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct an addition as part of the Thomas

County Public Library System.

From State General Funds, $181,600 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 Thomasville Central 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

$181,600

$0

$171,200

$181,600

University System of Georgia, Board of Regents

397.689 BOND: Forest Park Branch Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct as part of the Clayton County Library

System.

From State General Funds, $181,600 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 Forest Park Branch 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

$181,600

$0

$171,200

$181,600

University System of Georgia, Board of Regents 397.690 BOND: Northeast Regional Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct as part of the Sequoyah Regional

6142

JOURNAL OF THE HOUSE

Library System.

From State General Funds, $181,600 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 Northeast Regional 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

$181,600

$181,600

$171,200

$181,600

University System of Georgia, Board of Regents 397.691 BOND: O'Kelly Memorial Library: $0 in principal for 20 years at 6.5%: Design and construct as part of the Uncle Remus Regional Library
System.

State General Funds

$181,600

$0

$0

$0

University System of Georgia, Board of Regents

397.692 BOND: Oakland Library: $2,000,000 in principal for 20 years at 6.5%: Design and construct as part of the Lee County Library System.

From State General Funds, $181,600 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 Oakland 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

$181,600

$171,200

$181,600

University System of Georgia, Board of Regents

397.693 BOND: Tallapoosa Public Library: $400,000 in principal for 20 years at 6.5%: Design and construct as part of the West Georgia Regional

Library.

From State General Funds, $36,320 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 Tallapoosa Public Library, for that library, through the issuance of not

more than $400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$36,320

$0

$36,320

University System of Georgia, Board of Regents

397.694 BOND: Warren P. Sewell Memorial Library: $1,355,000 in principal for 20 years at 6.5%: Design and renovate as part of the West Georgia

Regional Library.

From State General Funds, $123,034 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 Warren P. Sewell Memorial Library, for that library, through the issuance

of not more than $1,355,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess

of 240 months.

State General Funds

$123,034

$0

$123,034

University System of Georgia, Board of Regents 397.695 BOND: Greene County Public Library: $1,810,000 in principal for 20 years at 6.5%: Design and construct as part of the Uncle Remus Regional
Library System.

FRIDAY, APRIL 3, 2009

6143

From State General Funds, $164,348 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 Greene County Public Library, for that library, through the issuance of

not more than $1,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of

240 months.

State General Funds

$164,348

$0

$164,348

University System of Georgia, Board of Regents

397.696 BOND: Dade County Public Library: $675,000 in principal for 20 years at 6.5%: Design and construct as part of the Cherokee Regional Library

System.

From State General Funds, $61,290 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 Dade County Public Library, for that library, through the issuance of not

more than $675,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$58,860

$61,290

University System of Georgia, Board of Regents

397.697 BOND: Commerce Public Library: $1,515,000 in principal for 20 years at 6.5%: Design and construct as part of the Piedmont Regional Library

System.

From State General Funds, $137,562 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 Commerce Public Library, for that library, through the issuance of not

more than $1,515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$129,684

$137,562

University System of Georgia, Board of Regents

397.698 BOND: Union County Public Library: $1,665,000 in principal for 20 years at 6.5%: Design and construct as part of the Mountain Regional

System.

From State General Funds, $151,182 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 Union County Public Library, for that library, through the issuance of not

more than $1,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240

months.

State General Funds

$142,524

$151,182

University System of Georgia, Board of Regents

397.699 BOND: Walnut Grove Library: $1,250,000 in principal for 20 years at 6.5%: Design and construct as part of the Uncle Remus Regional Library

System.

From State General Funds, $113,500 is specifically appropriated to the Board of Regents of the University System of Georgia to provide

public library facilities by grant to the governing board of the Walnut Grove Library, for that library, 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 240

months.

State General Funds

$107,000

$113,500

6144

JOURNAL OF THE HOUSE

Agriculture, Department of

397.701 BOND: State Farmer's Markets: $1,250,000 in principal for 5 years at 5.25%: Design and repair facilities statewide.

From State General Funds, $290,750 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

$290,750

$290,750

$288,750

$290,750

Agriculture, Department of

397.702 BOND: Oakwood Diagnostic Laboratory: $13,600,000 in principal for 20 years at 7%: Design, construct, and equip a replacement facility.

From State General Funds, $1,283,840 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 $13,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$1,234,880

$1,283,840

$1,335,520

$1,283,840

Agriculture, Department of

397.703 BOND: Agricultural Testing Laboratories: $24,000,000 in principal for 20 years at 6.5%: Construct and equip facilities.

From State General Funds, $2,179,200 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 $24,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities

not in excess of 240 months.

State General Funds

$2,179,200

$2,179,200

$2,054,400

$2,179,200

Forestry Commission, State

397.711 BOND: Forestry Equipment: $2,500,000 in principal for 5 years at 5.25%: Purchase equipment.

From State General Funds, $581,500 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

$581,500

$581,500

$577,500

$581,500

Forestry Commission, State 397.712 BOND: Forestry Buildings: $2,910,000 in principal for 20 years at 6.5%: Fund facility repairs and renovations statewide. (S:Design and
construct new facilities statewide)(CC:Construct new and renovate existing facilities statewide) From State General Funds, $264,228 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,

FRIDAY, APRIL 3, 2009

6145

highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

issuance of not more than $2,910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not

in excess of 240 months.

State General Funds

$232,600

$232,600

$249,096

$264,228

Jekyll Island State Park Authority

397.721 BOND: Jekyll Island: $25,000,000 in principal for 20 years at 6.5%: Construct a new conference center and oceanfront public park.

From State General Funds, $2,270,000 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

$2,270,000

$2,270,000

$2,140,000

$2,270,000

Natural Resources, Department of

397.731 BOND: Don Carter State Park: $14,000,000 in principal for 20 years at 6.5%: Design and construct the state park.

From State General Funds, $1,271,200 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 $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have

maturities not in excess of 240 months.

State General Funds

$1,271,200

$1,271,200

$1,198,400

$1,271,200

Natural Resources, Department of

397.732 BOND: DNR State Parks: $5,000,000 in principal for 5 years at 5.25%: Fund facility construction, repairs, and renovations statewide.

From State General Funds, $1,163,000 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 $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

$1,163,000

$1,163,000

$1,155,000

$1,163,000

Natural Resources, Department of 397.741 BOND: Georgia National Fairgrounds and Agricenter: $0 in principal for 20 years at 6.5%: Design and construct public restroom facilities.

State General Funds

$40,860

$0

$0

$0

Natural Resources, Department of 397.742 BOND: Georgia National Fairgrounds and Agricenter: $1,000,000 in principal for 20 years at 6.5%: Expand the McGill Building for equipment
storage. From State General Funds, $90,800 is specifically appropriated for the purpose of financing projects and facilities for the Department of

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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

$34,504

$90,800

$85,600

$90,800

Natural Resources, Department of 397.743 BOND: Georgia National Fairgrounds and Agricenter: $0 in principal for 20 years at 6.5%: Construct a parking lot for the Conference Center.

State General Funds

$54,480

$0

$0

$0

Soil and Water Conservation Commission

397.751 BOND: Soil & Water Conservation Watershed: $3,000,000 in principal for 20 years at 6.5%: Rehabilitate USDA flood control watershed

structures to bring them into compliance with Georgia's Safe Dams Act.

From State General Funds, $272,400 is specifically appropriated for the purpose of financing projects and facilities for the Soil and

Water Conservation Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of

land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection

therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which

shall have maturities not in excess of 240 months.

State General Funds

$272,400

$272,400

$256,800

$272,400

Section 51: Refunds In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.

Section 52: Leases In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

Section 53: Flex Notwithstanding any other statement of purpose, the purpose of each appropriation of federal funds or other funds shall be the stated purpose, unless such purpose conflicts with state or federal law. If the stated purpose conflicts with state or federal law, then the purpose statement shall be construed as any other lawful purpose consistent with the fund source and the general law powers of the budget unit.

FRIDAY, APRIL 3, 2009

6147

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, except that when an agency receives an appropriation from the category "Total Federal Funds" and such funds are identified "Temporary Assistance for Needy Families" (TANF), the appropriation is the amount stated and the agency may not reduce such funds below the amount stated.
Where federal funds received by an agency or other funds received by an agency and not remitted to the general fund of the state treasury are not otherwise restricted by state or federal law, the agency shall use such funds to supplant appropriated state funds in the following order: first, other funds received by the agency, and second, federal funds.
"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 section 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 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 authorizations for general obligation debt in Section 49, the indented, bold-faced paragraphs following each Bond number are the lowest level of detail and constitute appropriations in accordance with Article VII, Section IV, Paragraph III(a)(1) of the Georgia Constitution. The caption above the Bond number, the light-faced text immediately following the Bond number before the bold-faced text, and the light-faced after the bold-faced text are information only.
Similarly, 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 but constitutes information as to how the appropriation was derived. Amounts in the columns other than the right-most column are for informational purposes only. The summary and lowest level of detail 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, and 53 contain, constitute, or amend appropriations.
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.

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Representative Harbin of the 118th moved that the House adopt the report of the Committee of Conference on HB 119.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield Y Benton Y Black 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, D N Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley Y Drenner N Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson N Floyd N Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley Y Jackson Y Jacobs N James Y Jerguson Y Johnson, C N Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 137, nays 41.

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A Y Williams, E Y Williams, M Y Williams, R N Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Jones of the 44th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representative Collins of the 95th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

FRIDAY, APRIL 3, 2009

6149

The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the Senate action thereon:
HB 549. By Representatives Ralston of the 7th and Willard of the 49th:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; 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 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide transmittal of information to the Secretary of State regarding jurors who declare themselves as not being a citizen of the United States; to amend Article 1 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to specify the information which the Department of Driver Services may provide for purposes of creating juror lists; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, is amended by revising Code Section 21-2-231, relating to monthly transmittal of information to the Secretary of State and removal of persons from the list of electors, as follows:
"21-2-231. (a) 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 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

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Georgia electors convicted of felonies involving moral turpitude, if possible, from other states. (a.1) 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 identify themselves as not being citizens of the United States during their qualification to serve as a juror during the preceding calendar month in that county. (b) The judge of the probate 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 declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed. (c) Upon receipt of the lists described in subsections (a), (a.1), and (b) of this Code section and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove all such names from the list of electors and shall mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail. (d) 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. Additionally, the Secretary of State is authorized to obtain such lists of deceased Georgia electors, if possible, from other states. (e) Upon receipt of the lists described in subsection (d) of this Code section, the Secretary of State or his or her designated agent shall remove all such names of deceased persons from the list of electors and shall notify the registrar in the county where the deceased person was domiciled at the time of his or her death. (f) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the county governing authority for whom the registrars are acting to a fine by the State Election Board."
SECTION 2. Article 1 of 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 and furnishing

FRIDAY, APRIL 3, 2009

6151

of information on licensees, by revising paragraph (7) of subsection (f) as follows: "(7) The lists required to be made available to boards of jury commissioners and the Administrative Office of the Courts pursuant to Code Section 15-12-40 regarding county residents who are the holders of drivers' licenses or personal identification cards issued pursuant to this chapter. Such lists shall identify each such person by name, address, date of birth, gender, driver's license or personal identification card number issued pursuant to the provisions of this chapter, and gender, and, whenever racial and ethnic information is collected by the department for purposes of voter registration pursuant to Code Section 21-2-221, by racial or ethnic group the department shall also provide such information. The department shall also provide the address, effective date, document issue date, and document expiration date and shall indicate whether the document is a driver's license or a personal identification card."

SECTION 3. Section 1 of this Act shall become effective on January 1, 2010. The remaining sections of this Act shall become effective upon approval by the Governor or upon becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Ralston of the 7th moved that the House agree to the Senate substitute to HB 549.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V
Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor

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Y Byrd Carter, A Carter, B
Y Casas Chambers
Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 164, nays 5.

Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 258. By Representative Scott of the 153rd:

A BILL to be entitled an Act to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow a minor of a permanently disabled guardian or parent to obtain a restricted learner's permit at the age of 14; 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 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, so as to allow any person 15 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle to drive with the disabled person in the vehicle; to amend Code Section 405-24 of the Official Code of Georgia Annotated, relating to the issuance of instruction permits, so as to allow a holder of a valid instruction permit to drive with a disabled guardian or parent who has been issued an identification card containing the international handicapped symbol; to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to eliminate certain exceptions to the required use of safety belts; to provide 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:

FRIDAY, APRIL 3, 2009

6153

SECTION 1. Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to the qualifications for a driver's license, is amended by revising subsection (b) as follows:
"(b)(1) Notwithstanding the provisions of subsection (a) of this Code section, any person 14 years of age who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to visual impairment may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this subsection shall be accompanied by such visually impaired parent or guardian whenever operating a motor vehicle. (2) Notwithstanding the provisions of subsection (a) of this Code section, any person 15 years of age or older who has a parent or guardian who is medically incapable of being licensed to operate a motor vehicle due to physical impairment and has been issued an identification card containing the international handicapped symbol pursuant to Article 8 of this chapter may apply for and, subject to the approval of the commissioner, may be issued a restricted noncommercial Class P instruction permit for the operation of a noncommercial Class C vehicle. Any person permitted pursuant to this paragraph shall be accompanied whenever operating a motor vehicle by such physically impaired parent or guardian or by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. The department shall require satisfactory proof that the physically impaired parent or guardian previously held a valid driver's license in the State of Georgia, another state, or the District of Columbia before issuing an instructional permit pursuant to this paragraph."
SECTION 2. Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to the issuance of instruction permits, is amended by revising paragraph (1) of subsection (a) as follows:
"(a)(1)(A) Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination referred to in Code Section 40-5-27 other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of two years when accompanied by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, any person holding a valid Class C instructional permit may drive a Class C motor vehicle when accompanied by a disabled parent or guardian who has been issued an

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identification card containing the international handicapped symbol pursuant to Article 8 of this chapter."
SECTION 2.1. Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle, including, but not limited to, pickup trucks, vans, and sport utility vehicles, designed to carry ten passengers or less fewer and used for the transportation of persons; provided, however, that such term shall not include motorcycles; motor driven cycles; or off-road vehicles or farm vehicles as defined in Code Section 40-2-150 being used by an owner, driver, or occupant 18 years of age or older but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes any sport utility vehicle and also includes pickup trucks for any occupant who is under 18 years of age."
SECTION 3. This Act shall become effective on June 1, 2009.
SECTION 4. 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 258.
HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; 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 Titles 16 and 17 of the Official Code of Georgia Annotated, relating to crimes and offenses and criminal procedure, respectively, so as to regulate the use of tracking devices; to prohibit the tracking of the location or movement of another person without

FRIDAY, APRIL 3, 2009

6155

such other person's consent; to provide for exceptions; to provide for punishment; to provide for the issuance of search warrants authorizing the installation, use, and removal of tracking devices subject to certain conditions; to provide for a definition; to provide for installation and use of tracking devices in emergency situations; to transfer the responsibility for regulation of bingo games and issuance of bingo licenses from the Georgia Bureau of Investigation to the Department of Revenue; 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 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section to read as follows:
"16-11-62.1. (a) As used in this Code section, the term 'tracking device' means any device that reveals its location or movement by the transmission of electronic signals. (b) Except as otherwise provided in this Code section, no person shall use a tracking device to determine the location or movement of another person without such other person's consent. (c) Official law enforcement agencies shall be specifically authorized to use tracking devices pursuant to Code Section 17-5-22.1. (d) This Code section shall not apply:
(1) When the owner or lienholder of a vehicle has consented to the use of a tracking device with respect to such vehicle; (2) When the lessor or lessee of a vehicle and the person operating such vehicle have consented to the use of a tracking device with respect to such vehicle; (3) To official actions of an official law enforcement agency acting in a law enforcement capacity; (4) To actions of United States military law enforcement personnel in the performance of their official duties; (5) To actions of a parent, legal guardian, or person in loco parentis with respect to determining the location or movement of a child or other person with whom such parent, legal guardian, or person in loco parentis has such legal relationship; (6) To actions of a family member or caregiver with respect to determining the location or movement of a patient or family member with a diagnosis by a licensed physician of Alzheimer's disease, vascular dementia, Pick's disease, Creutzfeldt-Jakob disease, Parkinson's disease, or Lewy body dementia; (7) To actions of a facility licensed pursuant to Title 31 with respect to determining the location or movement of a patient when such device is deemed medically necessary by the patient's physician; (8) To actions of a private detective who is licensed pursuant to Chapter 38 of Title 43 while in the performance of duties that are authorized for such detective in

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connection with pending, active civil litigation, provided that any information or data obtained as a result of the use of such a tracking device by such private detective shall be confidential and shall not be disclosed to any person other than the judge and the parties involved in such litigation and their attorneys except upon order of the court in which such litigation is pending, shall be subject to discovery by any party to the litigation, and, upon the termination of the litigation, shall be immediately destroyed, provided that such private detective first obtains an order authorizing the use of a tracking device from the superior court of the county in which the person who is the subject of the tracking device resides; or (9) To the provision of a commercial service, such as mobile telephone service or vehicle safety or security service, which allows the provider of such service to determine the location or movement of a device provided to a customer of such commercial service for the purpose of providing such commercial service. (e) Notwithstanding subsection (d) of this Code section, no person shall be required to be implanted with a tracking device pursuant to this Code section. (f) Any person violating this Code section shall upon conviction be guilty of a misdemeanor; provided, however, that it shall not be a violation of this Code section to use a tracking device to determine the location or movement of another person without such other person's consent if such person is an occupant of a vehicle where use of such tracking device is permissible according to the provisions of subsection (d) of this Code section."
SECTION 2. Said title is further amended by replacing "Director" with "Commissioner" and "director" with "commissioner" wherever the former word occurs in:
(1) Code Section 16-12-51, relating to definitions pertaining to bingo; (2) Code Section 16-12-52, relating to license required to operate bingo game and recreational bingo exception; (3) Code Section 16-12-53, relating to bingo licensing procedures, fees, and renewals; (4) Code Section 16-12-54, relating to revocation of licenses and access to premises by law enforcement agencies; (5) Code Section 16-12-55, relating to certification of tax-exempt status of organization, issuance of certificate of licensure, and evidentiary nature of certificate; (6) Code Section 16-12-56, relating to issuance of annual one-day license to nonprofit, tax-exempt school and application; (7) Code Section 16-12-59, relating to annual report to be filed with the director; (8) Code Section 16-12-61, relating to promulgation of necessary rules and regulations by director authorized; and (9) Code Section 16-12-62, relating to penalties.

FRIDAY, APRIL 3, 2009

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SECTION 3. Said title is further amended by replacing "Georgia Bureau of Investigation" with "Department of Revenue" wherever the former words occur in:
(1) Code Section 16-12-51, relating to definitions pertaining to bingo; and (2) Code Section 16-12-53, relating to bingo licensing procedures, fees, and renewals.
SECTION 4. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding a new Code section to read as follows:
"17-5-22.1. (a) As used in this Code section, the term 'tracking device' means an electronic or mechanical device which, when placed or installed upon a person or object, permits other persons to remotely determine or track the position and movement of such person or object, but the term shall not include:
(1) Devices, such as a cellular telephone or other personal electronic device, which include as an incidental feature the capability of determining the location of such devices by utilizing a global positioning satellite system; or (2) Devices which are installed or utilized with the knowledge and consent of the owner or user of the device or, in the case of a minor, with the knowledge and consent of his or her parent or guardian. (b) Upon the written application of any certified peace officer of this state or its political subdivisions charged with the duty of enforcing the criminal laws and otherwise as authorized in Code Section 17-5-20 under oath or affirmation, a judge of any court in this state authorized to issue search warrants pursuant to Code Section 175-21 may issue a search warrant authorizing the installation, use, and removal of a tracking device subject to the following conditions: (1) The application shall be made before a judge of the superior court with the authority to issue warrants within the geographic jurisdiction where such tracking device is to be installed; (2) The application shall set forth facts sufficient to establish probable cause to believe that a particular crime has been committed, is being committed, or will be committed and that the person or object to be tracked is involved, was involved, or will be involved in the commission or facilitation of such crime; (3) The application shall set forth facts sufficient to establish probable cause to believe that the use of a tracking device will result in the prevention of a criminal offense under investigation, the seizure of evidence relevant to the investigation or prosecution of a criminal offense, or the whereabouts of a fugitive from justice or a suspect, victim, or witness relating to a criminal offense; (4) The application shall particularly describe the person or object upon which a tracking device is to be installed; (5) A tracking device authorized by this Code section shall be installed within ten days after the issuance of the warrant and shall be installed within the geographic jurisdiction of the issuing judge. If the tracking device is not installed within that

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time, the warrant shall be returned to the issuing judge as unserved. The date and time of installation shall be recorded and included in the return made to the issuing judge;
(6)(A) A search warrant issued pursuant to this Code section shall authorize the use of a tracking device for a reasonable period of time, not to exceed 45 days, except as provided in subparagraph (B) of this paragraph, measured from the date such tracking device is installed upon the person or object to be tracked. (B) Upon written application for extension and upon a finding of good cause, the issuing judge may authorize one or more extensions for a reasonable period of time, not to exceed 45 days each; (7) When the period of time authorized for the use of a tracking device or the last extension thereof has expired, monitoring of such tracking device shall be discontinued immediately; (8) Within ten days after the period of time authorized for the use of a tracking device or the last extension thereof has expired, the officer executing the warrant shall make a return thereof to the issuing judge. The return shall specify the date and time such tracking device was installed and the address or location of installation of such tracking device, the date and time that monitoring was discontinued, and a general summary of the movements of the object or person tracked during the duration of the surveillance; (9) Within ten days after the period of time authorized for the use of a tracking device or the last extension thereof has expired, the officer executing a search warrant issued pursuant to this Code section shall serve a copy of such warrant on the person who was tracked or whose property was tracked. Service shall be accomplished by delivering a copy to such person or by leaving a copy at such person's residence or usual place of abode with an individual of suitable age and discretion who resides at that location or by mailing a copy to such person's last known address. Upon the request of the state or the officer executing the warrant, the issuing judge may delay notice for a reasonable time; provided, however, that where such notice is delayed, such notice shall be served no later than ten days after issuance of an arrest warrant, indictment, or accusation based wholly or in part upon information derived from the use of a tracking device; (10) A tracking device installed and used under the authority of a warrant issued pursuant to this Code section may be used within the jurisdiction of the issuing court as well as outside such jurisdiction if such tracking device was installed within the jurisdiction of the issuing court; and (11) The warrant and any extension thereof, the application upon which the warrant and extensions, if any, were issued, the affidavit supporting the warrant and extensions, if any, the return, and any request for and order granting a delay in the serving of notice shall be filed with the clerk of the court of the issuing judge, or with the court if so ordered, at the time the return is made or when the warrant has been returned not executed; provided, however, that the issuing judge may order that such documents be sealed while an investigation remains ongoing until such time that an

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arrest warrant, indictment, or accusation based wholly or in part upon information derived from the use of the tracking device is issued. (c)(1) Any investigative or law enforcement officer, specially designated in writing for such purpose by the Attorney General or by a district attorney, who reasonably determines that:
(A) An emergency situation exists that involves: (i) Immediate danger of death or serious bodily injury to any person; or (ii) Conspiratorial activities characteristic of organized crime
that requires the installation and use of a tracking device before an order authorizing such installation and use can, with due diligence, be obtained; and (B) There are grounds upon which a search warrant pursuant to subsection (b) of this Code section could be issued to authorize such installation and use, may have installed and use a tracking device if, within 48 hours of the time the tracking device is installed, an order approving the installation or use is issued in accordance with subsection (b) of this Code section. (2) In the event that an application for a search warrant made pursuant to this subsection is granted, then the tracking device shall be installed and used in accordance with the provisions of subsection (b) of this Code section. (3) In the event that an application for a search warrant made pursuant to this subsection is denied or in any event where the installation or use of the tracking device is terminated without a search warrant having been issued, any tracking information or other surveillance effected pursuant to this subsection shall be confidential and shall not be disclosed or be admissible in any court of this state except to prove violations of this Code section."
SECTION 5. 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 conduct on and after that date.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Levitas of the 82nd moved that the House disagree to the Senate substitute to HB 16.
The motion prevailed.
SB 94. 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 that an insured under a group accident and sickness policy may include dependents up to age

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25; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate amendment was read:

Amend the House substitute to SB 94 by inserting after "System;" on line 6 "to provide that the Commissioner of Insurance shall be authorized to allow certain health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses to be approved for sale in connection with or packaged with otherwise approved individual health insurance policies;"; by redesignating Sections 2 and 3 as Sections 3 and 4, respectively; and by inserting after line 296 the following:

SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"33-51-7. (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."

Representative Knox of the 24th moved that the House agree to the Senate amendment to the House substitute to SB 94.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B

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Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler N Byrd Y Carter, A
Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan
Cole Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long N Loudermilk
Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion the ayes were 156, nays 8.

Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T E Smith, V Y Smyre Y Stephens, M
Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Scott of the 2nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

House of Representatives Atlanta, Georgia 30334

This version of SB 94 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of SB 94.

/s/ Bobby Franklin Representative, District 43

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SB 238. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Part 5 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to board of regents scholarships, so as to authorize certain additional types of student financial assistance for medical and dental students at the Medical College of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes.
Representative Ehrhart of the 36th moved that the House insist on its position in substituting SB 238.
The motion prevailed.
HR 161. By Representatives Hugley of the 133rd, Epps of the 128th, Benfield of the 85th, Brooks of the 63rd, Millar of the 79th and others:
A RESOLUTION compensating Mr. John Jerome White; and for other purposes.
The following Senate substitute was read:
A RESOLUTION
Compensating Mr. John Jerome White; and for other purposes.
WHEREAS, in 1979, a man forcibly entered the home of a 74 year-old woman in Meriwether County and robbed, beat, and raped her; and
WHEREAS, a young man named Mr. John Jerome White was convicted of the crimes, largely on eyewitness testimony, and sentenced to life in prison; and
WHEREAS, he was paroled in 1990, but subsequent convictions caused him to be returned to prison to serve out the life sentence; and
WHEREAS, DNA tests conducted at the urging of the Georgia Innocence Project led authorities to identify the actual perpetrator of the crimes, a man with whom law enforcement was familiar and who was in the lineup at the time the witness mistakenly identified Mr. White as the perpetrator; and
WHEREAS, on December 10, 2007, Mr. White was released after his 1979 indictment was nol-prossed; and

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WHEREAS, Mr. White, now 48 years old, lost almost three decades of his life and is now the longest serving of the nation's exonerees due to post-conviction DNA testing; and

WHEREAS, Mr. White has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his 28 years of incarceration and expenses in trying to prove his innocence totaling $3 million; and

WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. White, 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 $500,000.00, to be paid out over a period of 20 years to Mr. John Jerome White as compensation as provided above. The payments provided for in this resolution may be accomplished through the purchase of one or more annuities. 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.

BE IT FURTHER RESOLVED that all payments and all obligations of the state for any and all future payments shall cease upon the date of death of the beneficiary, Mr. John Jerome White, and no such payments shall be assignable under any circumstances. All payments shall cease upon any further felony conviction. Mr. White shall be subject to periodic, unannounced drug testing, and all payments shall cease if any such test indicates the presence of any illegal drugs. No payment shall be made during any period during which Mr. White is not employed, self-employed, performing voluntary work for a charitable organization, or seeking employment. Prior to the commencement of payments, Mr. White and the Department of Administrative Services shall enter into a written agreement containing the terms and conditions specified in this resolution; and the execution of such agreement shall be a condition precedent to any payment by the department.

Representative Hugley of the 133rd moved that the House agree to the Senate substitute to HR 161.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams N Allison Y Amerson N Anderson

N Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A

Y Manning Y Marin
Martin N Maxwell N May

Y Rynders N Scott, A N Scott, M Y Sellier N Setzler

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Y Ashe N Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner E Burkhalter N Burns Y Butler N Byrd Y Carter, A N Carter, B N Casas
Chambers Y Channell Y Cheokas
Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox

Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley
Drenner Y Dukes
Ehrhart N England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M N Hatfield Y Heard

N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson N Jacobs Y James
Jerguson Y Johnson, C
Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser
Keen N Keown Y Knight Y Knox N Lane, B N Lane, R N Levitas
Lindsey Y Long N Loudermilk
Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 118, nays 42.

Y Mayo N McCall Y McKillip N Meadows Y Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J
Pruett Ralston Y Ramsey Y Randall N Reece N Reese Rice Y Roberts Y Rogers

Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield N Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker N Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Due to a mechanical malfunction, the vote of Representative Bryant of the 160th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Weldon of the 3rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following messages were received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

The Senate has agreed to the House substitutes to the following bills of the Senate:

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SB 30. By Senators Tolleson of the 20th, Hooks of the 14th, Cowsert of the 46th, Harp of the 29th, Tarver of the 22nd and others:
A BILL to be entitled an Act to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to gasoline marketing practices, so as to provide that suppliers of automotive gasoline shall offer to supply gasoline distributors and gasoline dealers with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol; to preclude inhibiting gasoline distributors and gasoline dealers from being blenders; to define certain terms; to change certain provisions relating to marketing agreements subject to said article; to repeal conflicting laws; and for other purposes.
SB 38. By Senator Harp of the 29th:
A BILL to be entitled an Act to amend Article 2 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed dead bodies, so as to authorize the Board for the Distribution of Cadavers to provide for dead bodies to be used in the training and handling of police canine; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 141. By Senator Hamrick of the 30th:
A BILL to be entitled an Act to change provisions relating to foreclosures and deficiency judgements; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees to be collected by clerks of the superior courts, so as to provide for fees for filing documents and other instruments pertaining to a deed under power more than 30 days following the exercise of a power of sale in a mortgage, security deed, or other lien contract; to provide for filing documents when a deficiency judgment is sought; to amend Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure on mortgages, so as to provide for recording of documents relating to sales under power and deficiency judgments; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 151. By Senators Wiles of the 37th and Hamrick of the 30th:
A BILL to be entitled an Act to amend Code Section 17-10-1.2 and Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to an oral victim impact statement and grants of pardons, paroles, and other relief, respectively, so as to provide courts and the State Board of Pardons and

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Parole greater input from crime victims, their families, and other interested witnesses; to provide for victim notification of parole board hearings; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 246. By Senators Balfour of the 9th, Hawkins of the 49th, Unterman of the 45th and Johnson of the 1st:
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, so as to provide notice of the release of a child from detention under certain circumstances; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House amendments to the following bills of the Senate:
SB 27. By Senators Bulloch of the 11th, Heath of the 31st, Hill of the 4th, Pearson of the 51st, Powell of the 23rd and others:
A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to create Confederate Heritage and History Month; to provide for legislative findings; to encourage observances and celebrations of Confederate Heritage and History Month; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 128. By Senators Shafer of the 48th, Hudgens of the 47th, Pearson of the 51st, Hawkins of the 49th, Mullis of the 53rd 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, and so as to provide for the issuances, at the option of the owner, of permanent license plates for boat trailers, utility trailers, and noncommercial cattle and livestock trailers; to provide for fees; to provide that such license plates shall not be transferable; to provide for administration; to provide for an effective date and for applicability; 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:

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SR 176. By Senator Mullis of the 53rd:

A RESOLUTION dedicating the James H. Chandler, Jr. Memorial Intersection; and for other purposes.

SR 431. By Senators Mullis of the 53rd, Pearson of the 51st, Thomas of the 54th, Bulloch of the 11th and Fort of the 39th:

A RESOLUTION designating the Georgia Civil War Heritage Trails; and for other purposes.

The Senate recedes from its substitute to the following bill of the House:

HB 254. By Representatives Peake of the 137th, Keen of the 179th, Lindsey of the 54th, Rice of the 51st, Scott of the 2nd and others:

A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that the Department of Human Resources shall attempt to locate the adult relatives of a child removed from the custody of his or her parents; to provide for notice; to provide that the court shall order the disclosure of adult relatives of such child; to provide conditions for the placement of a child following a termination order; to provide for findings of fact; to provide for related matters; 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 Senate action thereon:

HB 2.

By Representatives Rice of the 51st, Peake of the 137th, Lindsey of the 54th and Graves of the 12th:

A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fair and open grants, so as to require grant recipients to comply with certain provisions of law as a prerequisite to awarding a grant; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

To amend Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, so as to clarify compliance requirements

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of public employers; to amend Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation in general, so as to provide that the department shall not fund Local Assistance Road Program projects submitted by counties and municipalities not in compliance with employee and public benefit requirements; to provide for certification and verification of compliance; to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to jails, so as to change certain provisions relating to keepers of jails and queries made to the United States Department of Homeland Security; to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to change certain provisions relating to verification requirements, procedures, and conditions; to provide for definitions; to provide for reports and duties of the Attorney General; 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 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising Code Section 13-10-91, relating to verification of new employee information and applicability and rules and regulations, as follows:
"13-10-91. (a) On or after July 1, 2007, every Every public employer, including, but not limited to, every municipality and county, shall register and participate in the federal work authorization program to verify information employment eligibility of all new newly hired employees. Upon federal authorization, a public employer shall permanently post the employer's federally issued user identification number and date of authorization, as established by the agreement for authorization, on the employer's website; provided, however, that if a local public employer does not maintain a website, then the identification number and date of authorization shall be published annually in the official legal organ for the county.
(b)(1) No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all new newly hired employees or subcontractors. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor, and, where applicable, each subcontractor, attesting to the following:
(A) The affiant has registered with and is authorized to use the federal work authorization program; (B) The user identification number and date of authorization for the affiant; and (C) The affiant is using and will continue to use the federal work authorization program throughout the contract period.

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An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for services; provided, however, that any information protected from public disclosure by federal law shall be redacted. (2) No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new newly hired employees. (3) Paragraphs (1) and (2) of this subsection shall apply as follows:
(A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Except as provided in subsection (e) of this Code section, the Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labor's website. (e) The commissioner of the Georgia Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this Code section to any contract or agreement relating to public transportation and shall publish such rules and regulations on the Georgia Department of Transportation's website."
SECTION 2. Article 1 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the Department of Transportation in general, is amended by adding a new Code section to read as follows:
"32-2-9. (a) On and after January 1, 2010, the department shall not fund any Local Assistance Road Program project submitted by a county or municipality unless the county or municipality is in compliance with Code Sections 13-10-91 and 50-36-1 as determined by the department. (b) In the event that funding is withheld because a local government fails to meet the terms of subsection (a) of this Code section, the local government shall become eligible for the project funding once compliance is established. (c) In applying this Code section to counties, withholding of grants shall apply only with respect to failure to comply by the county governing authority or agents or employees over whom the county governing authority has management control.

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(d) No grant shall be denied to a local government due to the failure of the United States Department of Homeland Security or any successor agency to process, register, or respond to a local government request. (e) Each county and municipality in the state shall annually certify and demonstrate to the department its compliance with Code Sections 13-10-91 and 50-36-1 in such manner as specified by rules and regulations adopted by the department. Compliance shall consist of taking all reasonably necessary steps to participate in the federal work authorization program and the Systematic Alien Verification of Entitlement (SAVE) program or any successor federal programs, including conformity with any federal agency requirements such as providing any required copies of statutory authorization and any required affidavits, letters, memorandums of understanding, or other documentation. Verification of the work authorization status of prison labor shall not be required for compliance. The department shall evaluate the certifications so made and may:
(1) Disapprove a certification so made if the department finds that the county or municipality is not in compliance after giving the county or municipality notice of its preliminary finding and an opportunity to submit further evidence of compliance; or (2) Require any county or municipality to provide further information as needed by the department to make its determination on compliance. A disapproval of certification or a failure to seek certification shall result in ineligibility under subsection (a) of this Code section. The department shall make an annual report of the counties and municipalities determined to be in compliance and shall transmit copies of the annual report to the appropriations committees of the Senate and House of Representatives. (f) This Code section shall not affect the funding of any project approved by the department prior to January 1, 2010."
SECTION 3. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to jails, is amended by revising Code Section 42-4-14, relating to the determination of nationality of persons charged with a felony and confined in a jail facility, as follows:
"42-4-14. (a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 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 a county, or any municipality or a jail operated by a regional jail authority, a reasonable effort shall be made to determine the nationality of the person so confined. (b) If the prisoner is a foreign national, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement

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Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security. (c) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. (d) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section. (e) Where a keeper of a jail has verified unlawful immigration status through LESC pursuant to this Code section, a report of unlawful immigration status shall be made by the jailer to the Georgia Crime Information Center in a manner prescribed by the center. The Georgia Crime Information Center shall maintain and disclose a report of unlawful immigration status information in the same manner as information pertaining to wanted persons. A record of unlawful immigration status shall be updated by the center to reflect lawful immigration status where the center receives a valid federal record or report verifying current lawful status."
SECTION 4. Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, is amended by revising Code Section 50-361, relating to the verification requirements, procedures, and conditions and exceptions, regulations, and criminal and other penalties for violations, as follows:
"50-36-1. (a) As used in this Code section, the term:
(1) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state. (2) 'Applicant' means any natural person, 18 years of age or older, who has made any application or request for, or access to, public benefits whether made on his or her own behalf or on behalf of an individual, business, corporation, partnership, or other private entity.
(3)(A) 'Public benefit' means a state or local public benefit or state administered federal public benefit as defined in 8 U.S.C. Sections 1611 and 1621; a benefit identified by the federal government under the federal Systematic Alien Verification for Entitlements (SAVE) program; and any authorization, renewal, recognition, or registration of such benefit. The benefits listed on the Attorney General's report required by subparagraph (B) of this paragraph shall also be considered public benefits for purposes of this Code Section. (B) Each year before August 1, the Attorney General shall prepare a detailed report indicating any 'state public benefit' and 'local public benefit' that may be offered in this state that is covered by the definitions in 8 U.S.C. Sections 1611 and 1621 and whether such benefit is subject to SAVE verification pursuant to this Code section. Such report shall provide the name of the benefit and name the agency or political

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subdivision providing the benefit. Such report shall be updated annually and distributed annually to the General Assembly and posted to the Attorney General's website. (b) Except as provided in subsection (c) (d) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local applicant for public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state. (b)(c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (c)(d) Verification of lawful presence under this Code section shall not be required: (1) For any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which: (A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety; (6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of Technical and Adult Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (d)(e) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States, which affidavit shall state Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows:

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(1) The applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident 18 years of age or older; or (2) The applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act 18 years of age or older lawfully present in the United States and provide the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency. (e)(f) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for public benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this Code section. (f)(g) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) of this Code section shall be guilty of a violation of Code Section 16-10-20. (g) Agencies or political subdivisions of this state may adopt variations to the requirements of this Code section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances where the verification procedures in this Code section would impose unusual hardship on a legal resident of Georgia. (h) It shall be unlawful for any agency or a political subdivision of this state to provide or administer any state, local, or federal public benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this Code section. Each state agency or department which administers any program of state or local public benefits shall provide an annual report to the inspector general with respect to its compliance with this Code section. (i) Any and all errors and significant delays by SAVE shall be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of Georgia eligible applicants. (j) Notwithstanding subsection (f)(g) of this Code section any applicant for public benefits federal benefits as defined in 8 U.S.C. Section 1611 or state or local benefits as defined in 8 U.S.C. Section 1621 shall not be guilty of any crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this Code section. (k) In the event a legal action is filed against any agency or political subdivision alleging any improper denial of a public benefit arising out of an effort to comply with this Code section, the Attorney General shall be served with a copy of the proceeding and shall be entitled to be heard."

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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 following amendment was read and adopted:
Representative Rice of the 51st moves to amend the Senate substitute to HB 2 by striking from line 1 to the end and inserting in lieu thereof the following:
To amend Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, so as to clarify compliance requirements of public employers; to provide certain immunity; to amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to jails, so as to change certain provisions relating to keepers of jails and queries made to the United States Department of Homeland Security; to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, so as to change certain provisions relating to verification requirements, procedures, and conditions; to provide for definitions; to provide for reports and duties of the Attorney General; to provide certain 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:
SECTION 1. Article 3 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to security and immigration compliance, is amended by revising Code Section 13-10-91, relating to verification of new employee information and applicability and rules and regulations, as follows:
"13-10-91. (a) On or after July 1, 2007, every Every public employer, including, but not limited to, every municipality and county, shall register and participate in the federal work authorization program to verify information employment eligibility of all new newly hired employees. Upon federal authorization, a public employer shall permanently post the employer's federally issued user identification number and date of authorization, as established by the agreement for authorization, on the employer's website; provided, however, that if a local public employer does not maintain a website, the identification number and date of authorization shall be published annually in the official legal organ for the county. State departments, agencies, or instrumentalities may satisfy the

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requirement of this Code section by posting information required by this Code section on one website maintained and operated by the state.
(b)(1) No public employer shall enter into a contract pursuant to this chapter for the physical performance of services within this state unless the contractor registers and participates in the federal work authorization program to verify information of all new newly hired employees or subcontractors. Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following:
(A) The affiant has registered with and is authorized to use the federal work authorization program; (B) The user identification number and date of authorization for the affiant; and (C) The affiant is using and will continue to use the federal work authorization program throughout the contract period. An affidavit required by this subsection shall be considered an open public record once a public employer has entered into a contract for services; provided, however, that any information protected from public disclosure by federal law shall be redacted. (2) No contractor or subcontractor who enters a contract pursuant to this chapter with a public employer shall enter into such a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the federal work authorization program to verify information of all new newly hired employees. (3) Paragraphs (1) and (2) of this subsection shall apply as follows: (A) On or after July 1, 2007, with respect to public employers, contractors, or subcontractors of 500 or more employees; (B) On or after July 1, 2008, with respect to public employers, contractors, or subcontractors of 100 or more employees; and (C) On or after July 1, 2009, with respect to all public employers, contractors, or subcontractors. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Except as provided in subsection (e) of this Code section, the Commissioner shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate this Code section and publish such rules and regulations on the Georgia Department of Labor's website. (e) The commissioner of the Georgia Department of Transportation shall prescribe all forms and promulgate rules and regulations deemed necessary for the application of this Code section to any contract or agreement relating to public transportation and shall publish such rules and regulations on the Georgia Department of Transportation's website. (f) No employer or agency or political subdivision, as such term is defined in Code Section 50-36-1, shall be subject to lawsuit or liability arising from any act to comply with the requirements of this Code section."

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SECTION 2. Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions pertaining to jails, is amended by revising Code Section 42-4-14, relating to the determination of nationality of persons charged with a felony and confined in a jail facility, as follows:
"42-4-14. (a) When any person charged with a felony or with driving under the influence pursuant to Code Section 40-6-391 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 a county, or any municipality or a jail operated by a regional jail authority in compliance with Article 36 of the Vienna Convention on Consular Relations, a reasonable effort shall be made to determine the nationality of the person so confined. (b) If the prisoner is a foreign national charged with a felony, driving under the influence pursuant to Code Section 40-6-391, driving without being licensed pursuant to subsection (a) of Code Section 40-5-20, or with a misdemeanor of a high and aggravated nature, the keeper of the jail or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status can not be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States, the keeper of the jail or other officer shall notify the United States Department of Homeland Security. (c) Nothing in this Code section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release. (d) The Georgia Sheriffs Association shall prepare and issue guidelines and procedures used to comply with the provisions of this Code section."
SECTION 3. Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to verification of lawful presence within the United States, is amended by revising Code Section 50-361, relating to the verification requirements, procedures, and conditions and exceptions, regulations, and criminal and other penalties for violations, as follows:
"50-36-1. (a) As used in this Code section, the term:
(1) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state. (2) 'Applicant' means any natural person, 18 years of age or older, who has made application for access to public benefits on behalf of an individual, business, corporation, partnership, or other private entity.

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(3)(A) 'Public benefit' means a federal benefit as defined in 8 U.S.C. Section 1611, a state or local benefit as defined in 8 U.S.C. Section 1621, a benefit identified as a public benefit by the Attorney General of Georgia, or a public benefit which shall include the following:
(i) Adult education; (ii) Authorization to conduct a commercial enterprise or business; (iii) Business certificate, license, or registration; (iv) Business loan; (v) Cash allowance; (vi) Disability assistance or insurance; (vii) Down payment assistance; (viii) Energy assistance; (ix) Food stamps; (x) Gaming license; (xi) Health benefits; (xii) Housing allowance, grant, guarantee, or loan; (xiii) Loan guarantee; (xiv) Medicaid; (xv) Occupational license; (xvi) Professional license; (xvii) Registration of a regulated business; (xviii) Rent assistance or subsidy; (xix) State grant or loan; (xx) State identification card; (xxi) Tax certificate required to conduct a commercial business; (xxii) Temporary assistance for needy families (TANF); (xxiii) Unemployment insurance; and (xxiv) Welfare to work. (B) Each year before August 1, the Attorney General shall prepare a detailed report indicating any 'public benefit' that may be administered in this state as defined in 8 U.S.C. Sections 1611 and 1621 and whether such benefit is subject to SAVE verification pursuant to this Code section. Such report shall provide the description of the benefit and shall be updated annually and distributed to the members of the General Assembly and be posted to the Attorney General's website. (b) Except as provided in subsection (c) (d) of this Code section or where exempted by federal law, on or after July 1, 2007, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person 18 years of age or older who has applied for state or local applicant for public benefits, as defined in 8 U.S.C. Section 1621, or for federal public benefits, as defined in 8 U.S.C. Section 1611, that is administered by an agency or a political subdivision of this state. (b)(c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (c)(d) Verification of lawful presence under this Code section shall not be required:

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(1) For any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which:
(A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety; (6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of Technical and Adult Education shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (d)(e) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States, which affidavit shall state Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall occur as follows: (1) The applicant must execute an affidavit that he or she is a United States citizen or legal permanent resident 18 years of age or older; or (2) The applicant must execute an affidavit that he or she is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., as amended, 18 years of age or older lawfully present in the United States and provide the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency. (e)(f) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for public benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility

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verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this Code section. (f)(g) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to subsection (d) of this Code section shall be guilty of a violation of Code Section 16-10-20. (g) Agencies or political subdivisions of this state may adopt variations to the requirements of this Code section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances where the verification procedures in this Code section would impose unusual hardship on a legal resident of Georgia. (h) Verification of citizenship through means required by federal law shall satisfy the requirements of this Code section. (h)(i) It shall be unlawful for any agency or a political subdivision of this state to provide or administer any state, local, or federal public benefit, as defined in 8 U.S.C. Section 1621 or 8 U.S.C. Section 1611, in violation of this Code section. Each state On or before January 1 of each year, each agency or department political subdivision which administers any program of state or local public benefits public benefit shall provide an annual report with respect to its compliance with this Code section to the Department of Community Affairs that identifies each public benefit, as defined in subparagraph (a)(3)(A) of this Code section, administered by the agency or political subdivision and a listing of each public benefit for which SAVE authorization for verification has not been received. (i)(j) Any and all errors and significant delays by SAVE shall be reported to the United States Department of Homeland Security and to the Secretary of State which will monitor SAVE and its verification application errors and significant delays and report yearly on such errors and significant delays to ensure that the application of SAVE is not wrongfully denying benefits to legal residents of Georgia. (j)(k) Notwithstanding subsection (f)(g) of this Code section, any applicant for public benefits federal benefits as defined in 8 U.S.C. Section 1611 or state or local benefits as defined in 8 U.S.C. Section 1621 shall not be guilty of any crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this Code section. (l) In the event a legal action is filed against any agency or political subdivision alleging improper denial of a public benefit arising out of an effort to comply with this Code section, the Attorney General shall be served with a copy of the proceeding and shall be entitled to be heard. (m) Compliance with this Code section by an agency or political subdivision shall include taking all reasonable, necessary steps required by a federal agency to receive authorization to utilize the SAVE program or any successor program designated by the United States Department of Homeland Security or other federal agency, including providing copies of statutory authorization for the agency or political subdivision to provide public benefits and other affidavits, letters of memorandum of understanding, or other required documents or information needed to receive authority to utilize the

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SAVE program or any successor program for each public benefit provided by such agency or political subdivision. An agency or political subdivision that takes all reasonable, necessary steps and submits all requested documents and information as required in this subsection but either has not been given access to use such programs by such federal agencies or has not completed the process of obtaining access to use such programs shall not liable for failing to use the SAVE program or any such successor program to verify eligibility for public benefits. (n) In the case of noncompliance with the provisions of this Code section by an agency or political subdivision, the appropriations committee of each house of the General Assembly may consider such noncompliance in setting the budget and appropriations. (o) No employer, agency, or political subdivision shall be subject to lawsuit or liability arising from any act to comply with the requirements of this chapter."

SECTION 4. This Act shall become effective on January 1, 2010.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Rice of the 51st moved that the House agree to the Senate substitute, as amended by the House, to HB 2.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton Y Black N Brooks N Bruce Y Bryant N Buckner
Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B

Y Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar
Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson
Floyd N Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger Y Glanton

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard N Hudson N Hugley N Jackson Y Jacobs N James Y Jerguson N Johnson, C Y Johnson, T Y Jones, J N Jones, S
Jordan N Kaiser
Keen Y Keown Y Knight Y Knox

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet Y Thomas N Thompson

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Y Casas Y Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 121, nays 47.

Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Walker Y Weldon E Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th:

A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative Coleman of the 97th moved that the House adhere to its position in insisting on its amendment to SB 178 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Coleman of the 97th, Millar of the 79th and Casas of the 103rd.

SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th:

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 state

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purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative May of the 111th moved that the House insist on its position in amending SB 194.

The motion prevailed.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st and others:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible single-family residence; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 261

The Committee of Conference on HB 261 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 261 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Chip Rogers Senator, 21st District

/s/ Stephens Representative, 164th District

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/s/ Ronnie Chance Senator, 16th District

/s/ Larry O'Neal Representative, 146th District

/s/ Pearson Senator, 51st District

/s/ Allen Peake Representative, 137th District

A BILL

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible singlefamily residence; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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:
"48-7-29.17. (a) As used in this Code section, the term 'eligible single-family residence' means:
(1) A single-family structure, including a condominium unit as defined in Code Section 44-3-71 that is occupied for residential purposes by a single family, that is a new residence, a residence occupied at the time of sale, or a previously occupied residence that was for sale prior to the effective date of this Code section and is still for sale after the effective date of this Code section; or (2) A single-family structure, including a condominium unit as defined in Code Section 44-3-71 that is occupied for residential purposes by a single family, that is:
(A) An owner occupied residence with respect to which the owner's acquisition indebtedness, as defined in Section 163(h)(3)(B) of the Internal Revenue Code, determined without regard to clause (ii) thereof, was in default on or before March 1, 2009; or (B) A residence with respect to which a foreclosure event has taken place and which is owned by the mortgagor or the mortgagor's agent. (b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-720 for the purchase of one eligible single-family residence made during the six-month period commencing on the first day of the month following the effective date of this Code section and ending on the last day of the sixth complete month thereafter. The amount of such credit shall be either 1.2 percent of the purchase price of such eligible single-family residence or $1,800.00, whichever is less.

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(c) The amount of the tax credit under subsection (b) of this Code section which may be claimed and allowed in a single tax year shall not exceed the taxpayer's income tax liability or one-third of the total amount of the credit allowed under subsection (b) of this Code section, whichever is less. Any excess or unused tax credit amount shall be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability.
(d)(1) A taxpayer shall submit to the commissioner a bona fide listing agreement with a real estate agent or broker licensed in this state, documentation that the eligible single-family residence was for sale directly by the owner without a real estate agent or broker, or other appropriate documentation deemed sufficient by the commissioner to validate the eligiblity of the single-family residence for purposes of the tax credit under this Code section. (2) In the event the taxpayer files an electronic return, the documentation required under paragraph (1) of this subsection shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the data is transmitted to the department. In the event the taxpayer files an electronic return and such documentation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic attachments to the Georgia return, such documentation shall be maintained by the taxpayer and made available upon request of the commissioner. (e) The commissioner shall 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.

Representative Stephens of the 164th moved that the House adopt the report of the Committee of Conference on HB 261.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar Y Dooley

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne
Houston Y Howard Y Hudson

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip
Meadows Y Millar

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C

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Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Drenner Y Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hugley Jackson
Y Jacobs James
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 Lindsey
Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 158, nays 5.

Y Mills Y Mitchell
Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece Y Reese
Rice Y Roberts Y Rogers

Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R N Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 318. By Representatives McCall of the 30th and Roberts of the 154th:

A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 318

The Committee of Conference on HB 318 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 318 be adopted.

Respectfully submitted,

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FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Pearson Senator, 51st District

/s/ McCall Representative, 30th District

/s/ Douglas Senator, 17th District

/s/ Jay Roberts Representative, 154th District

/s/ Ronnie Chance Senator, 16th District

/s/ Tom Graves Representative, 12th District

A BILL

To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding the return of certain motor vehicles; to provide for definitions; to provide for a partial exemption from ad valorem taxation of heavy-duty equipment motor vehicles for certain natural persons or entities for a limited period of time; to provide for related matters; to provide for effective dates and for applicability; to provide for reenactment of certain prior provisions of law; 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 48-5-444, relating to the place of return for tax purposes of motor vehicles and mobile homes, by revising subsection (a) as follows:
"(a)(1) For purposes of this subsection, the term 'functionally located' means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may be consecutive.
(2)(A) Except as otherwise provided in paragraph (3) of this subsection, each Each motor vehicle owned by a resident of this state shall be returned:
(i) In in the county where the owner claims a homestead exemption; or, (ii) If if no such exemption is claimed, then in the county of the owner's domicile; or, (iii) If if the motor vehicle is primarily used in connection with some established business enterprise located in a different county, in the county where the business is located.

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(B) A motor vehicle owned by a resident of this state may be registered in the county where the vehicle is functionally located if the vehicle is a passenger car as defined in paragraph (41) of Code Section 40-1-1. Such vehicle shall first be returned for taxation as provided in subparagraph (A) of this paragraph. This subparagraph shall not apply with respect to any vehicle which is used by a student enrolled in a college or university in this state in a county other than the student's domicile. (C) Each motor vehicle owned by a nonresident shall be returned in the county where the motor vehicle is situated. (3)(A) As used in this paragraph, the term:
(i) 'Family owned qualified farm products producer' shall have the same meaning as provided in paragraph (2) of Code Section 48-5-41.1. (ii) 'Passenger car' shall have the same meaning as provided for in paragraph (41) of Code Section 40-1-1. (iii) 'Truck' shall have the same meaning as provided for in paragraph (70) of Code Section 40-1-1. (B) If a passenger car or truck is primarily used in connection with some established farm operated by a family owned qualified farm products producer located in a county other than the county where the owner claims a homestead exemption or the county of the owner's domicile, such passenger car or truck shall be returned in the county where the farm operated by a family owned qualified farm products producer is located. (3)(4) Any person who shall knowingly make any false statement in any application for the registration of any vehicle, in transferring any certificate of registration, or in applying for a new certificate of registration shall be guilty of false swearing, whether or not an oath is actually administered to such person, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10-71."
SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"48-5-506.1. (a) As used in this Code section, the term:
(1) 'Heavy-duty equipment motor vehicle' means an off-road vehicle with all its attachments and parts which is self-propelled, weighs 5,000 pounds or more, and is primarily designed and used exclusively for utility services and maintenance, earth moving, construction, industrial, maritime, or mining uses, provided that such motor vehicles are not required to be registered and have a license plate. (2) 'Natural person or entity' means a natural person or entity that has purchased a heavy-duty equipment motor vehicle. Such term shall not include any publicly traded company.

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(b) For the period of time commencing on January 1, 2010, and concluding at the last moment of December 31, 2010, the provisions of this Code section shall supersede and control over any contrary provision of this article. (c) The provisions of this article or Part 2 of Article 10 of this chapter, as applicable, shall apply to any or all of the following and this Code section shall not apply to any or all of the following:
(1) Publicly traded companies; (2) Heavy-duty equipment motor vehicle dealers; and (3) Natural persons or entities in the year of purchase of a heavy-duty equipment motor vehicle. (d)(1) A natural person or entity, or any combination of natural persons and entities with common ownership interests, who owns one or more heavy-duty equipment motor vehicles is granted an exemption on that person's or entity's heavy-duty equipment motor vehicles in the amount of the full value of such heavy-duty equipment motor vehicles up to a maximum amount of $100,000.00 per taxable year. (2) The value of heavy-duty equipment motor vehicles in excess of such exempted amount shall remain subject to taxation under either the provisions of this article or Part 2 of Article 10 of this chapter, as applicable. (e) This subsection is repealed in its entirety at the last moment of December 31, 2010."

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 McCall of the 30th moved that the House adopt the report of the Committee of Conference on HB 318.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes
Ehrhart

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard N Hudson
Hugley Jackson Y Jacobs

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L

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Y Benton Y Black
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 Y Coleman
Collins, D Y Collins, T Y Cooper Y Cox

Y England E Epps, C
Epps, J Y Everson
Floyd N Fludd N Franklin Y Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

James 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 Lindsey Y Long
Loudermilk Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 144, nays 8.

Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey
Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet
Thomas N Thompson N Walker Y Weldon Y Wilkinson
Willard Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

The motion prevailed.

Representative Carter of the 159th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Lucas of the 139th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

House of Representatives Atlanta, Georgia 30334

This version of HB 318 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 318.

/s/ Bobby Franklin Representative, District 43

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HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th:

A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; 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 283

The Committee of Conference on HB 283 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 283 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Preston W. Smith Senator, 52nd District

/s/ C. Martin Representative, 47th District

/s/ Bill Hamrick Senator, 30th District

/s/ Willard Representative, 49th District

/s/ Bill Cowsert Senator, 46th District

/s/ Tom Weldon Representative, 3rd District

A BILL

To revise provisions relating to financing and operations of the judicial branch of government; to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Article 1 of Chapter 19 of Title

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15 of the Official Code of Georgia Annotated, relating to general provisions relating to attorneys, so as to change provisions relating to the expenses of the board and the amount and disposition of examination 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 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, is amended by revising Code Section 5-6-4, relating to a bill of costs, payment of costs, filing of an affidavit of indigence, and payment of costs or filing of an affidavit as a prerequisite to the receipt of an application for appeal or brief by the clerk, as follows:
"5-6-4. The bill of costs for every application to the Supreme Court for a writ of certiorari or for applications for appeals filed in the Supreme Court or the Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall be $80.00 in criminal cases and in habeas corpus cases for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court and $300.00 in all other civil cases. The costs shall be paid by counsel for the applicant or appellant at the time of the filing of the application or, in the case of direct appeals, at the time of the filing of the original brief of the appellant. In those cases in which the writ of certiorari or an application for appeal is granted, there shall be no additional costs. Costs shall not be required in those instances when at the time the same are due counsel for the applicant or appellant shall file a statement that an affidavit of indigence has been duly filed or file an affidavit that he or she was appointed to represent the defendant by the trial court because of the defendant's indigency. The clerk is prohibited from receiving the application for appeal or the brief of the appellant unless the costs have been paid or a sufficient affidavit of indigence is filed or contained in the record."
SECTION 2. Article 1 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relating to attorneys, is amended by revising Code Section 15-19-2, relating to the rules of governing the Board of Bar Examiners, expenses of the board, and the amount and disposition of examination fees, as follows:
"15-19-2. (a) It shall be the duty of the Justices of the Supreme Court to appoint and fix the number, terms, and compensation of the Board of Bar Examiners, whose powers and duties shall be as set forth by the Supreme Court by rule. All salaries, fees, and other expenses incurred in administering the Board of Bar Examiners and the examinations conducted by the board shall be paid by the Supreme Court from an appropriation made to the Supreme Court for that purpose.

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(b) All fees paid by applicants for admission to the bar by examination shall be paid into the general funds of the treasury. The Supreme Court, upon recommendation by the board, shall by rule set the amount of the examination fee to be paid by the applicants for admission to the bar by examination and shall direct to whom and when the fee shall be paid. The examination fee shall be reasonable and shall be determined in such a manner that the total amount of the fees charged and collected by the board in each fiscal year shall approximate the direct and indirect costs to the state of administering the examination. The amount of the fee to be paid by the applicant shall not exceed $90.00."

SECTION 3. Section 1 of this Act shall become effective on July 1, 2009, and Section 2 of 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 Martin of the 47th moved that the House adopt the report of the Committee of Conference on HB 283.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant N Buckner Y Burkhalter
Burns Y Butler N Byrd Y Carter, A Y Carter, B Y Casas

Y Crawford Y Davis, H N Davis, S
Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner N Dukes
Ehrhart Y England E Epps, C Y Epps, J N Everson
Floyd Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt N Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs
James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S
Jordan Y Kaiser E Keen Y Keown Y Knight Y Knox Y Lane, B

Y Manning Y Marin Y Martin Y Maxwell N May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Morris Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A

Y Rynders Y Scott, A N Scott, M Y Sellier N Setzler N Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R
Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker

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Y Chambers Y Channell Y Cheokas Y Coan
Cole Coleman Y Collins, D Y Collins, T Y Cooper N Cox

Y Gordon Y Graves Y Greene Y Hamilton
Hanner Y Harbin Y Harden, B Y Harden, M N Hatfield Y Heard

Y Lane, R Y Levitas Y Lindsey Y Long N Loudermilk
Lucas Y Lunsford Y Maddox, B
Maddox, G Mangham

On the motion, the ayes were 133, nays 21.

Y Powell, J Y Pruett
Ralston Y Ramsey Y Randall Y Reece N Reese Y Rice Y Roberts Y Rogers

Y Weldon Y Wilkinson Y Willard
Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 283 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 283.

/s/ Bobby Franklin Representative, District 43

The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:

SB 207. By Senator Wiles of the 37th:

A BILL to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to admit the general public to hearings in juvenile court with certain exceptions; to authorize a juvenile court to close a hearing under exceptional circumstances upon its own motion or by a motion of a party; to prohibit the media from publicizing the name, identity, or likeness of any child involved in a juvenile court proceeding; to prohibit the inspection of files and records by the general public of a proceeding in juvenile court without an order of the court; to permit certain persons and the Division of Family and Children Services to inspect files and records without an order of the court; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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The following Senate amendment was read:

Amend the House substitute to SB 207 (SB 207/HCSFA) by striking "law enforcement unit, as such term is defined in Code Section 35-8-2," from lines 114 and 115.

By striking "Such information" and replacing it with "Information which is shared pursuant to this subsection" on line 126.

Representative Willard of the 49th moved that the House agree to the Senate amendment to the House substitute to SB 207.

On the motion, the roll call was ordered and the vote was as follows:

Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin N Baker Y Barnard Y Battles Y Bearden
Beasley-Teague N Benfield Y Benton Y Black
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
Cheokas Y Coan Y Cole
Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Crawford N Davis, H Y Davis, S
Dawkins-Haigler N Day Y Dempsey Y Dickson
Dobbs N Dollar N Dooley N Drenner N Dukes
Ehrhart Y England E Epps, C Y Epps, J Y Everson N Floyd
Fludd N Franklin Y Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B N Harden, M Y Hatfield N Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs
James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J N Jones, S
Jordan N Kaiser E Keen Y Keown
Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion the ayes were 128, nays 27.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills Y Mitchell N Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake
Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese N Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon
Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R
Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker N Weldon Y Wilkinson Y Willard
Williams, A Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

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The motion prevailed.
Due to a mechanical malfunction, the vote of Representative Dawkins-Haigler of the 93rd was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.
By unanimous consent, the following Bills of the House were taken up for the purpose of considering the Senate action thereon:
HB 743. By Representatives Glanton of the 76th, Johnson of the 75th, Baker of the 78th, Heckstall of the 62nd and Jordan of the 77th:
A BILL to be entitled an Act to amend an Act creating a code of ethics and ethics commission for the Clayton County School System, approved April 24, 2008 (Ga. L. 2008, p. 3616), so as to revise provisions relating to the ethics commission; to provide for removal of commission members for failure to carry out duties or attend meetings; to provide that the commission shall have the exclusive authority to punish ethical violations by members of the school board; to provide for a budget for the commission; to authorize the commission to adopt a seal; to change provisions relating to procedures and evidentiary rules and standards in proceedings of the commission; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following Senate amendment was read:
Amend HB 743 by striking line 25 and inserting in lieu thereof the following:
at a rate determined by the board and based on the appropriation of funds. A commissioner must be in attendance in order to receive compensation.
HB 813. By Representative Howard of the 121st:
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 membership of the Authority; to provide for the terms and appointment of members of the Authority; to provide for qualifications of the members of the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
The following Senate substitute was read:

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A BILL
To amend 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 membership of the Authority; to provide for the terms and appointment of members of the Authority; to provide for qualifications of the members of the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the 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), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows:
"SECTION 2. (a) There is created a body corporate and politic to be known as the AugustaRichmond County Coliseum 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. Beginning on the day after the date this section becomes effective in 2009, the Authority shall consist of seven members to be appointed as follows:
(1) Six members shall be appointed by the Augusta-Richmond County Commission, with the five commissioners of Super District 9 entitled to appoint three members and the five commissioners of Super District 10 entitled to appoint three members; and (2) One member shall be appointed by the legislative delegation which shall consist of all members of the General Assembly representing all or a portion of Richmond County. The member appointed by the legislative delegation shall be the chairperson of the Authority. In order to be qualified to serve on the Authority, an appointee shall be a resident of Richmond County and shall have experience in business. (b) Beginning on the day after the date this section becomes effective in 2009, the appointees of the county commission shall serve a term concurrent with the term of the Super District commissioner from the Super District that made the appointment. The appointee from the legislative delegation shall serve a two-year term, except as otherwise specified in this section. In order for an appointee of the county commission to be removed from the Authority, seven members of the Augusta-Richmond County Commission, including four members from the Super District that made the

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appointment, without the necessity of a showing of cause, must vote for the removal of the appointee. (c) The members of the Authority in office on the day before the date this section becomes effective in 2009 shall not serve until the regular expiration of the terms to which such members were appointed, and the terms of such members shall expire at 11:59 P.M. on the date this section becomes effective in 2009. (d) As soon as practicable on or after the date this section becomes effective in 2009, the Augusta-Richmond County Commission shall appoint such members provided for in this section for terms beginning on the day after such date to replace the previously appointed members of the Authority. All appointees to the Authority shall serve until their respective successors are appointed and qualified. (e) Appointed members of the Authority may be reappointed only after taking at least a one-year break between appointments. (f) As soon as practicable on or after the date this section becomes effective in 2009, the legislative delegation shall appoint such member provided for in this section for a term beginning on the day after such date and ending on December 31, 2010, or until his or her respective successor is appointed and qualified. Subsequent appointees of the legislative delegation shall serve two-year terms or until his or her respective successor is appointed and qualified. (g) Immediately after their appointment, the members of the Augusta-Richmond County Coliseum Authority shall enter upon their duties. They shall all attend an orientation and training course approved by the Augusta-Richmond County Commission. They shall elect one of their number as vice chairperson, and may also elect a secretary and treasurer who need not necessarily be a member of the AugustaRichmond County Coliseum Authority. The vice chairperson and secretary and treasurer shall serve for a period of one year and until their successors are appointed and qualified. Four members of the Augusta-Richmond County Coliseum Authority shall constitute a quorum. The chairperson shall be a nonvoting member of the Authority, except he or she may vote to break a tie vote by the other members. The chairperson shall form committees and appoint members thereto as he or she deems necessary. (h) As soon as practicable after the date this section becomes effective in 2009, the members of the Augusta-Richmond County Coliseum Authority shall cause to be published a manual governing the acceptable business practices and management techniques to be followed by all members during their service on the Authority. This manual shall also include a statement of the purpose of the Augusta-Richmond County Coliseum Authority and a statement of the vision for the future of the Authority. (i) In the event of a vacancy by reason of death, disqualification, removal, resignation, or other reason, the body which appointed such member shall appoint a person to serve the remainder of the term of such member. No vacancy on the Augusta-Richmond County Coliseum Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority.

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(j) The members of the Augusta-Richmond County Coliseum Authority shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations governing the procedures to be followed in conducting the business of the Authority. It shall have perpetual existence."

SECTION 2. This Act shall become effective on May 31, 2009, or upon its approval by the Governor or upon its becoming law without such approval, whichever last occurs.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the agreement to the Senate substitute or amendment, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield
Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter
Burns Y Butler Y Byrd
Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd Y Franklin Y Frazier Y Fullerton
Gardner Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson Y Jacobs
James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser E Keen Y Keown
Knight Y Knox
Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk
Lucas Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy
Neal Y Nix Y Oliver Y O'Neal
Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton N Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson
Willard Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates Richardson, Speaker

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On the agreement to the Senate substitute or amendment, the ayes were 155, nays 1.
The House has agreed to the Senate substitute or amendment.
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 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd and others:
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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; 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: Johnson of the 1st, Hooks of the 14th, and Unterman of the 45th.
The Senate insists on its substitute to the following bill of the House:
HB 514. By Representatives Collins of the 27th, Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and others:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

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SB 86.

By Senators Staton of the 18th, Butterworth of the 50th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th and others:

A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, 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.

The following Committee substitute was read and adopted:

A BILL

To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that persons applying to register to vote shall provide evidence of United States citizenship prior to the acceptance of their registrations; to provide for acceptable forms of evidence of citizenship; to provide for retention of such information; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, is amended by adding a new subsection to Code Section 21-2-216, relating to qualifications of electors generally, to read as follows:
"(g)(1) On and after January 1, 2010, an application for registration under this chapter shall be accompanied by satisfactory evidence of United States citizenship. Upon the receipt of an application without satisfactory evidence of citizenship, the board of registrars shall notify the applicant in writing of the requirement to provide satisfactory evidence of citizenship. The board of registrars shall not determine the eligibility of the applicant until and unless satisfactory evidence of citizenship is supplied by the applicant. If the initial application is received without satisfactory evidence of citizenship prior to the close of voter registration preceding an election, but the applicant supplies satisfactory evidence of citizenship on or prior to the date of such election and the applicant is found eligible to vote, the applicant shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections; provided, however, that those electors who register to vote for the first time in this state by mail also shall supply current and valid identification as required in subsection (c) of Code Section 21-2-220. In the event the applicant does not respond to the request for the missing information within 30 days following the

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sending of notification to provide satisfactory evidence of citizenship, the application shall be rejected. (2) Satisfactory evidence of citizenship shall include any of the following:
(A) The number of the applicant's Georgia driver's license or identification card issued by the Department of Driver Services if the applicant has provided satisfactory evidence of United States citizenship to the Department of Driver Services or a legible photocopy of the applicant's driver's license or identification card issued by an equivalent government agency of another state if the agency indicates on the driver's license or identification card that the applicant has provided satisfactory evidence of United States citizenship to the agency; (B) A legible photocopy of the applicant's birth certificate that verifies citizenship to the satisfaction of the board of registrars; (C) A legible photocopy of pertinent pages of the applicant's United States passport identifying the applicant and the applicant's passport number or presentation to the board of registrars of the applicant's United States passport; (D) A presentation to the board of registrars of the applicant's United States naturalization documents or the alien registration number from the applicant's naturalization documents. If only the applicant's alien registration number is provided, the applicant shall not be found eligible to vote until the applicant's alien registration number is verified with the United States Citizenship and Immigration Services by the board of registrars; (E) Other documents or methods of proof that are established pursuant to the federal Immigration Reform and Control Act of 1986 (P. L. 99-603); (F) The applicant's Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number; and (G) For residents of this state who are United States citizens but are not in possession of any of the documents or methods of proof enumerated under subparagraphs (A) through (F) of this paragraph, other documents or methods of proof for establishing evidence of United States citizenship which shall be promulgated by rule and regulation of the State Election Board. (3) Notwithstanding any provision of this subsection, any person who is registered in this state on December 31, 2009, shall be deemed to have provided satisfactory evidence of citizenship and shall not be required to submit evidence of citizenship. (4) After citizenship has been demonstrated to a board of registrars, an elector shall not be required to resubmit satisfactory evidence of citizenship in that or any other county in this state so long as the person continuously remains an elector of this state. (5) For the purposes of this subsection, proof of voter registration from another state shall not be satisfactory evidence of citizenship. (6) After a person has submitted satisfactory evidence of citizenship, the board of registrars shall indicate such information on the elector's voter registration record. After two years, the board of registrars may destroy all documents that were submitted as evidence of citizenship.

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(7) The Secretary of State shall establish procedures to match an applicant's voter registration information to the information contained in the data base maintained by the Department of Driver Services for the verification of the accuracy of the information provided on the application for voter registration, including whether the applicant has provided satisfactory evidence of United States citizenship."

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 Y Allison Y Amerson Y Anderson N Ashe Y Austin N Baker N Barnard Y Battles Y Bearden N Beasley-Teague N Benfield Y Benton N Black 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 N Cheokas Y Coan Y Cole
Coleman Y Collins, D N Collins, T Y Cooper Y Cox

Y Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey
Dickson N Dobbs Y Dollar Y Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson N Floyd
Fludd Y Franklin N Frazier N Fullerton N Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston
Howard N Hudson N Hugley N Jackson Y Jacobs N James 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 Y Lane, R N Levitas E Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M N Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard
Williams, A N Williams, E Y Williams, M
Williams, R N Wix Y Yates
Richardson, Speaker

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On the passage of the Bill, by substitute, the ayes were 104, nays 67.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th:

A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; 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 439

The Committee of Conference on HB 439 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 439 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Ronnie Chance Senator, 16th District

/s/ Bob Bryant Representative, 160th District

/s/ D. Balfour Senator, 9th District

/s/ Stephens Representative, 164th District

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/s/ Chip Rogers Senator, 21st District

/s/ Larry O'Neal Representative, 146th District

A BILL

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; 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 income taxes, is amended by revising Code Section 48-7-40, relating to tax credits for business enterprises in less developed areas, to read as follows:
"48-7-40. (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; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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, and services for the elderly and persons with disabilities. Such term shall not include retail businesses. (3) 'Competitive project' means expansion or location of some or all of a business enterprise's operations in this state having significant regional impact where the commissioner of economic development certifies that but for some or all of the tax incentives provided in this Code section, the business enterprise would have located or expanded outside this state. (3)(4) 'Existing business enterprise' means any business or the headquarters of any

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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. (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. (c.1) 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. (d) 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. (e)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a 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 the first

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taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; 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 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 paragraph. 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 paragraph shall not constitute income to the taxpayer. 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 this article 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 this article 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 this article 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 first taxable year in which the new fulltime employee job is created and for the four immediately succeeding taxable years. Where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 2 county and where the amount of the credit provided in this paragraph exceeds such business enterprise's liability for taxes imposed under this article in a taxable year, or where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 3 or tier 4 county and where the amount of the credit provided in this paragraph exceeds 50 percent of such business enterprise's liability for taxes imposed under this article 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 $2,500.00 for each new full-time employee job 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 paragraph. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established

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by this paragraph shall not constitute income to the taxpayer. The number of new fulltime 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 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. In any year in which the net employment increase falls below the number required in such tier, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below the number required in such tier, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. 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. (2) Existing business enterprises 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 first year in which the new full-time employee job is created. The additional credit shall be claimed in year two after the creation of such job the first taxable year in which the new full-time employee job is created. 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

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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 generated and utilized 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. (f) Tax credits for five four years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b), (c), or (c.1) 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 five, or whatever portion of years two through six five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) 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. (h)(1) Except as provided in paragraph (2) of this subsection, any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in paragraph (1) of subsection (e) of this Code section, but in tiers 3 and 4 the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from

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operations in this state for that taxable year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability attributable to income derived from operations in this state for such taxable year. (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (e) of this Code section must be applied against taxes imposed for the taxable year in which such credit is available and may not be carried forward to any subsequent taxable year. (i) Notwithstanding any provision of this Code section to the contrary, in counties recognized and designated as the first through fortieth least developed counties in the tier 1 designation, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises or existing business enterprises, to any business of any nature. (j) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original tax return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (j)(k) The commissioner 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. (l) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim."
SECTION 2. Said article is further amended by revising Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, to read as follows:
"48-7-40.1. (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; 516 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing,

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telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. (b) 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 the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following equally weighted factors: (1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs also shall be authorized to include in the designation provided for in subsection (b) of this Code section: (1) Any area comprised of ten or more contiguous census tracts 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 area; (2) Any area comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress; or (4) Any area which is within or adjacent to one or more contiguous census block groups with a poverty rate of 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. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this subsection, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business. (d) 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 area is removed from the list of less developed areas.

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(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 the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; 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 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. In any year in which the net employment increase falls below five or two, as applicable, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below five or two, as applicable, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section

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48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however that Code Section 48-2-40 shall not apply to any such forfeiture. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five or two. (f) Tax credits for five four years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) 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 five, or whatever portion of years two through six five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) 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. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in subsection (e) of this Code section, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (i) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original tax return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (j) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim."
SECTION 3. Said article is further amended by revising Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, to read as follows:
"48-7-40.5. (a) As used in this Code section, the term:
(1) 'Approved retraining' means employer provided or employer sponsored retraining that meets the following conditions:

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(A) It enhances the functional skills of employees otherwise unable to function effectively on the job due to skill deficiencies or who would otherwise be displaced because such skill deficiencies would inhibit their utilization of new technology; provided, however, that approved retraining shall not include any retraining on commercially, mass produced software packages for word processing, data base management, presentations, spreadsheets, e-mail, personal information management, or computer operating systems except a retraining tax credit shall be allowable for those providing support or training on such software; (B) It is approved and certified by the Technical College System of Georgia; and (C) The employer does not require the employee to make any payment for the retraining, either directly or indirectly through use of forfeiture of leave time, vacation time, or other compensable time. (2) 'Cost of retraining' means direct instructional costs as defined by the Technical College System of Georgia including instructor salaries, materials, supplies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) 'Employee' means any employee resident in this state who is employed for at least 25 hours a week, and who has been continuously employed by the employer for at least 16 consecutive weeks. (4) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (5) 'Employer provided' refers to approved retraining offered on the premises of the employer or on premises approved by the Technical College System of Georgia by instructors hired by or employed by an employer. (6) 'Employer sponsored' refers to a contractual arrangement with a school, university, college, or other instructional facility which offers approved retraining that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors an one or more approved retraining program programs in a taxable year. The total amount of the tax credit allowed per full-time employee amount of the tax credit shall be equal to onehalf of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each employee who has successfully completed an approved retraining program; provided, however, that in no event shall the amount of the tax credit authorized under this subsection exceed $1,250.00 per year per full-time employee who has successfully completed more than one approved retraining program. No employer may shall receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of retraining. (c) Any tax credit claimed under this Code section for any taxable year beginning on or after January 1, 1998, but not used for any such taxable year may be carried forward for ten years from the close of the taxable year in which the tax credit was granted. The tax credit granted to any employer pursuant to this Code section shall not exceed 50 percent of the amount of the taxpayer's income tax liability for the taxable year as computed without regard to this Code section. Notwithstanding Code Section 48-2-35, any tax

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credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 48-7-56, including any approved extensions. (d) To be eligible to claim the credit granted under this Code section, the employer must shall certify to the department the name of the employee, the course work successfully completed by such employee, the name of the provider of the approved retraining, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved retraining pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved retraining. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Technical College System of Georgia to ensure the proper granting of credits pursuant to this Code section. (e) The Technical College System of Georgia is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored retraining programs. In establishing such standards, the Technical College System of Georgia shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, progressive levels of instruction, and standardized measures of employee evaluation to determine successful completion of a course of study."
SECTION 4. Said article is further amended by revising Code Section 48-7-40.12, relating to income tax credits for business enterprises having qualified research expenses, to read as follows:
"48-7-40.12. (a) As used in this Code section, the term:
(1) 'Base amount' means the product of a business enterprise's Georgia taxable net income gross receipts in the current taxable year and the average of the ratios of its aggregate qualified research expenses to Georgia taxable net income gross receipts for the preceding three taxable years or 0.300, whichever is less; provided, however, that a business enterprise need not have had a positive taxable net income for the preceding three taxable years in order to claim the credit provided in this Code section. For purposes of this paragraph, 'Georgia gross receipts' shall be the numerator of the gross receipts factor provided in subsection (d) of Code Section 487-31. (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; 516 519, Internet publishing

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and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (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. (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. (b) A tax credit is allowed a business enterprise which has qualified research expenses in Georgia in a taxable year exceeding a base amount, provided that the business enterprise for the same taxable year claims and is allowed a research credit under Section 41 of the Internal Revenue Code of 1986, as amended. (c) The tax credit provided in subsection (b) of this Code section shall be 10 percent of the excess over the base amount referred to in said subsection. (d) Any unused credit claimed under this Code section may be carried forward ten years from the close of the taxable year in which the qualified research expenses were made. The credit taken in any one taxable year shall not exceed 50 percent of the business enterprise's remaining Georgia net income tax liability after all other credits have been applied. (e) In the first five years of a newly formed business enterprise's operations in this state, where the amount of a credit claimed under this Code section exceeds 50 percent of a 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 48-7103. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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."
SECTION 5. Said article is further amended in Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic, by revising paragraphs (1) and (5) of subsection (a) as follows:
"(1) 'Base year port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's), 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

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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 (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product actually imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility during the second preceding 12 month period; provided, however, that in the event the total amount actually 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 (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's)." "(5) 'Port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product transported by way of a waterborne ship or vehicle through a port facility. (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility."
SECTION 6. Said article is further amended by revising Code Section 48-7-40.17, relating to income tax credits for establishing or relocating headquarters into this state, to read as follows:
"48-7-40.17. (a) As used in this Code section, the term:
(1) 'Average wage' means the average wage of the county in which a full-time new quality job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'Full-time New quality job' means employment for an individual which:
(A) Is located at a headquarters in this state; (B) Has a regular work week of 30 hours or more; (C) Is not a job that is or was already located in Georgia regardless of which taxpayer the individual performed services for; (C)(D) Pays at or above 110 percent of the average wage of the county in which it is located; and:
(i) In tier 1 counties, the average wage of the county in which it is located; (ii) In tier 2 counties, 105 percent of the average wage of the county in which it is located; (iii) In tier 3 counties, 110 percent of the average wage of the county in which it is located; and (iv) In tier 4 counties, 115 percent of the average wage of the county in which it is located; and

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(D)(E) Has no predetermined end date. (3) 'Headquarters' means the principal central administrative office of a taxpayer or a subsidiary of the taxpayer. (4) 'Tier' means a tier as designated pursuant to Code Section 48-7-40, as amended. (b) A taxpayer establishing its headquarters in this state or relocating its headquarters into this state which: (1) Within one year of the first date on which it withholds wages for employees at such headquarters or the headquarters of a subsidiary, defined as the taxpayer's 'affiliated group' within the meaning of Section 1504(a) of the Internal Revenue Code of 1986, as amended, pursuant to the provisions of Code Section 48-7-101, employs at least 50 persons in new full-time jobs at such headquarters; (2) Within one year of the first date on which it withholds wages for employees at such headquarters pursuant to the provisions of Code Section 48-7-101 incurs within the state a minimum of $1 million in construction, renovation, leasing, or other costs related to such establishment or relocation; and (3) Elects not to receive the tax credits provided for by Code Sections 48-7-40, 48-740.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs or such investment shall be allowed a credit for taxes imposed under this article equal to $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located per eligible new full-time job; (b) A taxpayer establishing new quality jobs in this state or relocating quality jobs into this state which elects not to receive the tax credits provided for by Code Sections 48-740, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs and investments created by, arising from, related to, or connected in any way with the same project and, within one year of the first date on which the taxpayer pursuant to the provisions of Code Section 48-7-101 withholds wages for employees in this state and employs at least 50 persons in new quality jobs in this state, shall be allowed a credit for taxes imposed under this article: (1) Equal to $2,500.00 annually per eligible new quality job where the job pays 110 percent or more but less than 120 percent of the average wage of the county in which the new quality job is located; (2) Equal to $3,000.00 annually per eligible new quality job where the job pays 120 percent or more but less than 150 percent of the average wage of the county in which the new quality job is located; (3) Equal to $4,000.00 annually per eligible new quality job where the job pays 150 percent or more but less than 175 percent of the average wage of the county in which the new quality job is located; (4) Equal to $4,500.00 annually per eligible new quality job where the job pays 175 percent or more but less than 200 percent of the average wage of the county in which the new quality job is located; and

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(5) Equal to $5,000.00 annually per eligible new quality job where the job pays 200 percent or more of the average wage of the county in which the new quality job is located; provided, however, that where the amount of such credit exceeds a 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 48-7-103 but not to exceed in any one taxable year $2,500.00 annually per eligible new full-time job, or $5,000.00 if the average wage of the new full-time jobs created is 200 percent or more of the average wage of the county in which such jobs are located for each new full-time job the credit amounts in paragraphs (1) through (5) of this subsection for each new quality job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a 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. For each new full-time quality job created, the credit established by this subsection may be taken for the first taxable year in which the new full-time quality job is created and for the four immediately succeeding taxable years; provided, however, that such new full-time quality jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 50 new full-time quality jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 50 new full-time quality jobs required shall not be affected except as provided in subsection (f) of this Code section. The commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 50 new full-time quality jobs required. (c) The number of new full-time quality jobs to which this Code section shall be applicable shall be determined by comparing the monthly average of full-time new quality jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year. (d) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified new quality jobs were established. (e) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 487-56, including any approved extensions. (f) If the taxpayer has failed to maintain a new quality job in a taxable year, the taxpayer shall forfeit the right to the credit claimed for such job in that year. For each year such new quality job is not maintained, a taxpayer that forfeits such right is

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therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. (g) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim. (e)(h) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."

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 for all taxable years beginning on or after January 1, 2009.

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 adopt the report of the Committee of Conference on HB 439.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson
Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner
Burkhalter Y Burns Y Butler Y Byrd

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd
Fludd N Franklin Y Frazier Y Fullerton Y Gardner

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt Y Horne Y Houston Y Howard
Hudson Y Hugley Y Jackson Y Jacobs
James Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen Y Keown

Y Manning Y Marin Y Martin Y Maxwell Y May
Mayo Y McCall Y McKillip E Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons

Y Rynders Y Scott, A E Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B
Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V
Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor
Teilhet

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Y Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole
Coleman Collins, D Y Collins, T Y Cooper Y Cox

Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas
Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 157, nays 4.

Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative O`Neal of the 146th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bills of the House and Senate were taken up for the purpose of considering the Senate action thereon:

SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd and others:

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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Representative Wilkinson of the 52nd moved that the House adhere to its position in insisting on its substitute to SB 168 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Wilkinson of the 52nd, Scott of the 153rd and Roberts of the 154th.

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HB 514. By Representatives Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Representative Collins of the 27th moved that the House insist on its position in disagreeing to the Senate substitute to HB 514 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 Collins of the 27th, Hatfield of the 177th and Allison of the 8th.
The following messages were 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 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th:
A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; 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: Harp of the 29th, Cowsert of the 46th, and Smith of the 52nd.
Mr. Speaker:
The Senate has adopted the report of the Committee of Conference on the following bills of the House:
HB 119. By Representatives Richardson of the 19th, Keen of the 179th, Burkhalter of the 50th, Harbin of the 118th, Cole of the 125th and others:
A BILL to make and provide appropriations for the State Fiscal Year beginning July 1, 2009, and ending June 30, 2010.
HB 481. By Representatives Graves of the 12th, Burkhalter of the 50th, Keen of the 179th, Ehrhart of the 36th, Rice of the 51st and others:
A BILL to be entitled an Act to enact the Jobs, Opportunity, and Business Success Act of 2009; to amend and enact provisions intended to provide for tax relief and encourage employment opportunities and business stimulation; to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for a period of time for the waiver of certain filing fees otherwise charged in connection with such entities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide that for a period of time employers who hire persons receiving employment security benefits shall

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be entitled to a credit against employer contributions; to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to provide for a graduated elimination of the corporate income tax; to provide for other related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The Speaker Pro Tem assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been postponed from the previous legislative day, was taken up for consideration and read the third time:

SB 82.

By Senators Unterman of the 45th, Chance of the 16th and Staton of the 18th:

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 change provisions relating to transaction records; to provide for transmission of transaction records to the applicable sheriff's department; to regulate payments to persons selling copper items to secondary metals recyclers; to provide for supervision of secondary metals recyclers by counties, municipal corporations, or consolidated governments; to change provisions relating to the superseding nature of the article; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:

A BILL

To amend Article 14 of Chapter 1 of Title 10 and Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to secondary metals recyclers and penalties for certain theft crimes, respectively, so as to provide for the regulation of theft of regulated metal property; to change a definition; to change provisions relating to transaction records; to regulate payments to persons selling certain property to secondary metals recyclers; to revise provisions relating to theft of regulated metal 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. Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, is amended by revising paragraph (5) of Code Section 10-1350, relating to definitions, as follows:

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"(5) 'Personal identification card' means a current and unexpired driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security, which shall contain the individual's name, address, and photograph."
SECTION 2. Said article is further amended by revising paragraph (6) of subsection (a) of Code Section 10-1-351, relating to record of transactions, and adding a new subsection (c) to read as follows:
"(6) The name and address A photocopy of a valid personal identification card of the person delivering the regulated metal property to the secondary metals recycler;" "(c) When the metal being purchased is a motor vehicle, the person offering to sell the motor vehicle to a secondary metals recycler shall either provide the title to such motor vehicle or fully execute a cancellation of certificate of title for scrap vehicles form as promulgated by the Department of Revenue, Motor Vehicle Division, designated as MV-1SP, in accordance with Code Section 40-3-36. The secondary metals recycler shall forward the title or MV-1SP form to the Department of Revenue within 72 hours of receipt of the title or form."
SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"10-1-352.1. (a) As used in this Code section, the terms:
(1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (b) A secondary metals recycler may pay by check or by cash for any copper property, catalytic converter, or aluminum property as follows: (1) Cash payments shall occur no earlier than 24 hours after the copper property, catalytic converter, or aluminum property is provided to the secondary metals recycler; and (2) Checks shall be payable only to the person named who was recorded as delivering the copper property, catalytic converter, or aluminum property to the secondary metals recycler; provided, however, that if such person is delivering the copper property, catalytic converter, or aluminum property on behalf of a governmental entity or a nonprofit or for profit business, the check may be payable to such business or entity and may also be transmitted to such business or entity. (c) The provisions of this Code section shall not apply to any transaction between business entities."

FRIDAY, APRIL 3, 2009

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SECTION 4. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, is amended by revising paragraph (9) of subsection (a) as follows:
"(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both."

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant N Buckner
Burkhalter Y Burns
Butler N Byrd Y Carter, A Y Carter, B Y Casas Y Chambers

Y Crawford Y Davis, H
Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C N Epps, J
Everson Y Floyd Y Fludd N Franklin
Frazier Y Fullerton Y Gardner N Geisinger Y Glanton Y Golick Y Gordon

Y Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Y Lane, B Y Lane, R

Y Manning Y Marin Y Martin N Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows N Millar N Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons N Peake Y Porter Y Powell, A Y Powell, J

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V
Smyre Stephens, M Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon

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Y Channell Y Cheokas N Coan Y Cole Y Coleman N Collins, D Y Collins, T Y Cooper Y Cox

N Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

N Levitas Y Lindsey E Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Pruett Y Ralston Y Ramsey Y Randall Y Reece N Reese N Rice Y Roberts N Rogers

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, by substitute, the ayes were 141, nays 20.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Everson of the 106th, Sheldon of the 105th, and Smyre of the 132nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate action thereon:

HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others:

A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

Representative Levitas of the 82nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 16 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.

FRIDAY, APRIL 3, 2009

6227

The Speaker appointed as a Committee of Conference on the part of the House the following members:

Representatives Levitas of the 82nd, Jacobs of the 80th and Ralston of the 7th.

Representative Randall of the 138th moved that the following Bill of the Senate be taken from the table:

SB 56.

By Senators Butler of the 55th, Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Reed of the 35th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine; to provide a statement of purpose; to provide for definitions; to provide for a misdemeanor penalty for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe N Austin Y Baker Y Barnard N Battles N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter N Burns
Butler Y Byrd Y Carter, A Y Carter, B Y Casas Y Chambers

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J
Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton Y Golick Y Gordon

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen N Keown Y Knight
Knox N Lane, B N Lane, R

Y Manning Y Marin Y Martin Y Maxwell N May Y Mayo Y McCall Y McKillip N Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J

Y Rynders Y Scott, A N Scott, M Y Sellier N Setzler Y Shaw N Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V Y Smyre N Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker
Weldon

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Y Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox

N Graves Y Greene N Hamilton Y Hanner E Harbin N Harden, B N Harden, M N Hatfield Y Heard

Y Levitas Y Lindsey Y Long N Loudermilk
Lucas Y Lunsford N Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 136, nays 30.

Y Pruett Y Ralston
Ramsey Y Randall Y Reece N Reese N Rice Y Roberts Y Rogers

E Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

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.

Under the general order of business, established by the Committee on Rules, the following Bill of the Senate, having been previously read, was again taken up for consideration:

SB 56.

By Senators Butler of the 55th, Seay of the 34th, Adelman of the 42nd, Brown of the 26th, Reed of the 35th and others:

A BILL to be entitled an Act to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine; to provide a statement of purpose; to provide for definitions; to provide for a misdemeanor penalty for noncompliance; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Committee substitute, having previously been read, was withdrawn.

The substitute, offered by the Committee on Rules, was previously read.

The following amendment was read:

Representatives Randall of the 138th, Jerguson of the 22nd, and Byrd of the 20th move to amend the House Committee on Rules substitute to SB 56 by striking all matter from line 1 through line 335 and inserting in lieu thereof the following:

FRIDAY, APRIL 3, 2009

6229

To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to establish the Georgia StopMeth Log for electronically recording the identity of those individuals purchasing certain medications used for the production of methamphetamine, including pseudoephedrine; to provide a statement of purpose; to provide for definitions; to provide for a misdemeanor penalty for noncompliance; 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 purpose of this Act is to reduce and prevent the operation of clandestine methamphetamine laboratories and the contamination of private property by such laboratories in Georgia. At this time, the state does not have a centralized real-time electronic logbook able to record purchases of products containing ephedrine, pseudoephedrine, and phenylpropanolamine. The failure to have such a centralized electronic data base permits and encourages criminals to illegally purchase large quantities of such products for the production of methamphetamine by going from store to store, and, sometimes, from state to state. Georgia law enforcement officials need this critical tool to combat methamphetamine production. Other states have adopted similar measures, thereby encouraging methamphetamine producers to relocate to states, such as Georgia, that are unable to track their unlawful activities. Immediate action is needed by the General Assembly to protect Georgia's citizens, especially Georgia's children, from the increasing harm caused by methamphetamine producers.
SECTION 2. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding a new article to read as follows:
"ARTICLE 2A
35-3-50. As used in this article, the term:
(1) 'Pharmacy or retailer' shall mean any place or business authorized to make retail sales of products containing ephedrine, pseudoephedrine, or phenylpropanolamine to consumers. (2) 'StopMeth Log' shall mean Georgia's real-time electronic logbook system maintained by the Georgia Bureau of Investigation for the purpose of recording information relating to the purchase of products containing ephedrine, pseudoephedrine, or phenylpropanolamine and for monitoring such information for the prevention of illegal purchases of such products.

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JOURNAL OF THE HOUSE

35-3-51. (a) To the extent funds are available, the Georgia Bureau of Investigation is authorized to establish the StopMeth Log and may utilize any federal, state, or other grant funds available or donations of funds or property for purposes relating to the initiation, implementation, and operation of the electronic log. (b) Where the Georgia Bureau of Investigation has provided access to the StopMeth Log by making the system available through the Internet, a pharmacy or retailer shall be required to enter into the StopMeth Log information pertaining to each transaction involving the sale of a product containing ephedrine, pseudoephedrine, or phenylpropanolamine as required by this article. Information to be entered on the StopMeth Log shall include the full name, address, and date of birth of the purchaser, the date of purchase, the quantity purchased or attempted to be purchased, and such other information as required by the Georgia Bureau of Investigation. (c) A person purchasing, receiving, or otherwise acquiring or attempting to aquire a product containing ephedrine, pseudoephedrine, or phenylpropanolamine shall be required to produce current, valid photographic identification of such purchaser and sign a written or electronic log or receipt that documents the date of the transaction, the full name, address, and date of birth of the person, and the quantity of ephedrine, pseudoephedrine, or phenylpropanolamine purchased, received, or otherwise acquired or attempted to be acquired. No person shall purchase or attempt to purchase an amount of ephedrine, pseudoephedrine, or phenylpropanolamine in violation of state or federal law. (d) A person who violates any provision of this Code section shall upon conviction be guilty of a misdemeanor. Each separate purchase or attempted purchase made in violation of this statute shall constitute a separate offense. Each transaction where records are not generated or maintained shall constitute a separate offense. An offense created by this Code section shall not merge with any other charge or offense.
35-3-52. (a) To the extent funds are available, the Georgia Bureau of Investigation shall make the StopMeth Log available through the Internet to pharmacies and retailers in this state. The Georgia Bureau of Investigation may conduct pilot projects or designate areas of operation which include less than all areas of this state. (b) The StopMeth Log shall have the capability to calculate both state and federal ephedrine, pseudoephedrine, or phenylpropanolamine purchase limitations, to match similar identification information, and to alert pharmacies and retailers of potential illegal purchases. Except as authorized by this article, the Georgia Bureau of Investigation shall not disclose any information entered, collected, recorded, transmitted, or maintained on the StopMeth Log. (c) The Georgia Bureau of Investigation shall provide Internet access to information maintained in the StopMeth Log to the following:

FRIDAY, APRIL 3, 2009

6231

(1) Any person who is authorized to prescribe or dispense products containing ephedrine, pseudoephedrine, or phenylpropanolamine for the purpose of providing medical care or pharmaceutical care; (2) Any local, state, or federal law enforcement official or a local, state, or federal prosecutor; (3) A local, state, or federal official who requests access for the purpose of facilitating a product recall necessary for the protection of the public health and safety; and (4) The State Board of Pharmacy for the purpose of investigating misconduct or a suspicious transaction committed by a pharmacy, an employee of a pharmacy, or pharmacist. (d) The Georgia Bureau of Investigation shall promulgate rules necessary to implement the provisions of this article and to ensure that the StopMeth Log enables a pharmacy or retailer to monitor the sales of ephedrine, pseudoephedrine, or phenylpropanolamine occurring at a pharmacy or retailer. The Georgia Bureau of Investigation shall prescribe the manner in which a pharmacy or retailer shall enter the information required by the bureau under this article. Records maintained within the StopMeth Log may be destroyed at such time as the Georgia Bureau of Investigation determines is appropriate but not sooner than three years from the date of the entry of such record."

SECTION 3. 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:

Y Abdul-Salaam Y Abrams N Allison Y Amerson N Anderson Y Ashe Y Austin Y Baker Y Barnard N Battles Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter N Burns Y Butler

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler N Day Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart N England E Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton

Y Heckstall Y Hembree
Henson Y Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S Y Jordan Y Kaiser Y Keen

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish

N Rynders Y Scott, A
Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B N Sims, C Y Sinkfield N Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor

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Y Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas N Coan Y Cole
Coleman Y Collins, D
Collins, T Y Cooper N Cox

Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner E Harbin N Harden, B N Harden, M N Hatfield Y Heard

N Keown Y Knight N Knox N Lane, B N Lane, R Y Levitas Y Lindsey N Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y Parsons Y Peake Y Porter Y Powell, A N Powell, J N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese
Rice Roberts Y Rogers

On the adoption of the amendment, the ayes were 132, nays 38.

Y Teilhet Y Thomas Y Thompson Y Walker N Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The amendment was adopted.

The following amendment was read and adopted:

Representative Byrd of the 20th moves to amend the House Committee on Rules substitute to SB 56 (LC 35 1526S) by inserting on line 12 after "liability;" the following:

to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to limit a pharmacist from substituting a drug as part of immunosuppressive therapy or a drug prescribed for the treatment of epilepsy;

By inserting between lines 259 and 260 the following:

SECTION 2. 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:
"26-4-81.1. (a) A pharmacist shall not engage in drug product selection or substitution of any primary immunosuppressant pharmaceutical that is prescribed as a part of immunosuppressive therapy for a patient who has received an organ or tissue transplant without first notifying the patient or his or her designee. The pharmacist shall notify the prescribing physician prior to the substitution by means of phone, facsimile, or electronic transmission. The prescribing physician shall indicate on the prescription the diagnosis 'for organ or tissue transplant patient.' (b) A pharmacist shall not engage in drug product selection or substitution of any drug prescribed for the treatment of epilepsy or to treat and prevent seizures that is prescribed as a part of the treatment for epilepsy or seizures. The pharmacist shall notify the prescribing physician prior to the substitution by means of phone, facsimile,

FRIDAY, APRIL 3, 2009

6233

or electronic transmission. The prescribing physician shall indicate on the prescription the diagnosis 'for epilepsy' or 'for seizures.'"

By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.

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:

Y Abdul-Salaam Y Abrams N Allison Y Amerson N Anderson Y Ashe Y Austin Y Baker Y Barnard N Battles Y Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce
Bryant Y Buckner N Burkhalter N Burns N Butler Y Byrd Y Carter, A Y Carter, B N Casas Y Chambers Y Channell Y Cheokas
Coan N Cole
Coleman Collins, D N Collins, T Y Cooper N Cox

Y Crawford Y Davis, H N Davis, S Y Dawkins-Haigler Y Day N Dempsey Y Dickson Y Dobbs N Dollar Y Dooley N Drenner Y Dukes N Ehrhart Y England E Epps, C Y Epps, J N Everson N Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner E Harbin N Harden, B Y Harden, M N Hatfield N Heard

Y Heckstall N Hembree Y Henson Y Hill, C Y Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T
Jones, J Y Jones, S Y Jordan Y Kaiser N Keen N Keown Y Knight N Knox N Lane, B N Lane, R Y Levitas Y Lindsey N Long N Loudermilk
Lucas Y Lunsford N Maddox, B N Maddox, G Y Mangham

Y Manning Y Marin N Martin Y Maxwell N May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan
Morris Y Mosby Y Murphy Y Neal N Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A N Powell, J N Pruett N Ralston N Ramsey Y Randall Y Reece N Reese
Rice Roberts Y Rogers

N Rynders Y Scott, A N Scott, M Y Sellier N Setzler Y Shaw N Sheldon Y Shipp N Sims, B N Sims, C Y Sinkfield N Smith, B N Smith, L Y Smith, R N Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson N Walker N Weldon N Wilkinson N 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, by substitute, as amended, the ayes were 107, nays 60.

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The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th:

A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; 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 178

The Committee of Conference on SB 178 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 178 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Weber Senator, 40th District

/s/ Coleman Representative, 97th District

/s/ Moody Senator, 56th District

/s/ Powell Representative, 29th District

/s/ D. Casas Representative, 103rd District

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6235

A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for enrollment counts for students in certain dual enrollment programs; to provide for requirements for weighting of students in certain dual enrollment courses under the Quality Basic Education Formula; to temporarily waive certain expenditure controls relating to funds earned for direct instructional costs, media center costs, staff and professional development costs, and additional days of instruction; to provide for automatic repeal; to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; 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 legislative intent; to provide for exemptions from certain portions of the high school graduation test and end-of-course assessments; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional program, as follows:
"(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course

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which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. A student who is enrolled in a dual enrollment program other than as established in Code Section 20-2161.1 shall be counted for the high school program or other appropriate program for each segment in which the student is attending the high school or attending a postsecondary course conducted at the high school, as long as the dual enrollment program is provided (1) at a charter school or (2) at a high school pursuant to an agreement between the local school system and a postsecondary institution if such agreement provides for cost sharing and has been approved by the State Board of Education. The State Board of Education shall establish, no later than September 1, 2009, a funding code to enable such count which shall be no less than 50 percent of the program weight for the appropriate instructional program for such student as established pursuant to Code Section 20-2-161. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date."
SECTION 2. Said title is further amended in Code Section 20-2-161, relating to the Quality Basic Education Formula, by adding a new subsection to read as follows:

FRIDAY, APRIL 3, 2009

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"(c.1) For purposes of calculating the annual allotment of funds to each local school system, a student who is enrolled in a dual enrollment program other than as established in Code Section 20-2-161.1 shall be counted for the high school program or other appropriate program for each segment in which the student is attending the high school or attending a postsecondary course conducted at the high school, as long as the dual enrollment program is provided (1) at a charter school or (2) at a high school pursuant to an agreement between the local school system and a postsecondary institution if such agreement provides for cost sharing and has been approved by the State Board of Education. The State Board of Education and the Governor's Office of Planning and Budget shall establish, no later than September 1, 2009, a funding code to enable such count which shall be no less than 50 percent of the program weight for the appropriate instructional program for such student as established pursuant to Code Section 20-2-161."
SECTION 3. Said title is further amended by revising subsection (h) of Code Section 20-2-260, relating to capital outlay funds generally, as follows:
"(h) A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following:
(1) Extraordinary growth of student population in excess of the capacity of existing facilities; (2) Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section; (3) Replacement of educational facilities which have been certified as hazards to health or safety; (4) Projects, in priority order, which would otherwise require more than three years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and (5) Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advanced funding:
(A) The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly; (B) Annual entitlements accrued under subsection (g) of this Code section have offset any advanced funding previously granted, except that no more than three years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section;

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(C) The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and (D) The required local participation and all other procedural requirements of this Code section are met. This subsection shall be automatically repealed on June 30, 2011."
SECTION 4. Said title is further amended in Code Section 20-2-260, relating to capital outlay funds generally, by adding a new paragraph to subsection (j) to read as follows:
"(7) This subsection shall be automatically repealed on June 30, 2011."
SECTION 5. Said title is further amended in Code Section 20-2-262, relating to low-wealth capital outlay grants to local school systems, by adding a new subsection to read as follows:
"(e) This Code section shall be automatically repealed on June 30, 2011."
SECTION 6. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing Section 1 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 21 of such Act in its entirety.
SECTION 7. (1) An Act approved May 6, 2008 (Ga. L. 2008, p. 288), is amended by repealing Section 2 of such Act in its entirety. (2) An Act approved April 9, 2001 (Ga. L. 2001, p. 148), is amended by repealing Section 23 of such Act in its entirety. (3) An Act approved April 22, 1999 (Ga. L. 1999, p. 400), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows:
"SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be automatically repealed on June 30, 2002."
SECTION 8. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, by adding a new subsection to read as follows:
"(f)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to direct instructional costs, media center costs, and staff and professional development costs shall be waived and shall not apply to nor be enforceable against a local school system.

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(2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection. (4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010."
SECTION 9. Said title is further amended by revising Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows:
"20-2-184.1. (a) The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle grades, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level. Up to 15 percent of funds designated for additional days of instruction may be spent for transportation costs incurred for transporting students who are attending the additional classes funded by these designated funds.
(b)(1) For school years 2008-2009 and 2009-2010 only, the expenditure controls contained in subsection (a) of this Code section relating to additional days of instruction shall be waived and shall not apply to nor be enforceable against a local school system. (2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15. (3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section that are contrary to this subsection, notwithstanding any law to the contrary, as long as such local school system complies with this subsection.

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(4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter. (5) This subsection shall be automatically repealed on July 1, 2010."
SECTION 10. Said title is further 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.'
20-2-326. For purposes of this part, the term:
(1) 'Articulation' means agreement between a high school and a postsecondary institution regarding the awarding of both secondary and postsecondary credit for a dual enrollment course. (2) '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 or the Georgia Charter Schools Commission in accordance with Article 31A 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. (3) '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. (4) 'Chronically low-performing high school' means a public high school in this state with a graduation rate less than 60 percent for three consecutive years, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data or that has not made adequate yearly progress for three consecutive years, as defined by the Office of Student Achievement. (5) '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

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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. (6) 'Graduation plan' means a student specific plan developed in accordance with paragraph (7) of subsection (a) of Code Section 20-2-327 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. (7) '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. (8) 'Public college or university' means a two-year or four-year college, university, or other institution under the auspices of the Board of Regents of the University System of Georgia. (9) '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 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. (10) 'Technical school or college' means a school, college, institution, or other branch of the Technical College System of Georgia.
20-2-327. (a)(1) The Department of Education shall develop focused programs of study in high demand, high skill, and high wage academic and career fields in accordance with a phase-in schedule as determined by the state board. (2) Focused programs of study 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;

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(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 focused programs of study the flexibility for a student to pursue courses at the school of attendance, at a technical school or college, at a public college or university, 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 committee which includes high school teachers; school counselors; representatives from the Board of Regents of the University System of Georgia, the Technical College System of Georgia, the Governor's Office of Workforce Development, and employers; and others as deemed appropriate by the department. These committees shall develop and recommend a focused program of study which blends academic and technical content developed around college and career readiness standards with real world problems and projects for students. Recommendations shall include state-wide articulation and dual enrollment courses between local school systems and postsecondary institutions to provide seamless pathways for adequately prepared high school students to move directly into postsecondary education. The committees shall develop measures to certify equivalency in content and rigor for all state-wide articulation and dual enrollment courses and shall follow related policies and procedures established by the Department of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education for awarding articulation and dual enrollment credit which shall be based on students qualifying to enroll in credit bearing postsecondary courses. (5) Student performance at the advanced proficiency/honors level on any assessments required for purposes of high school graduation shall be recognized as: (1) meeting postsecondary entrance test requirements, and (2) qualifying students to enroll in credit-bearing postsecondary course work in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (6) Secondary and postsecondary credit shall be awarded immediately upon successful completion of any articulated or dual enrollment course in accordance with policies and requirements established by the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education. (7) Beginning with the 2009-2010 school year, students in the sixth, seventh, and eighth grades shall be provided counseling, advisement, career awareness, career interest inventories, and information to assist them in evaluating their academic skills and career interests. Before the end of the second semester of the eighth grade, students shall select a preferred focused program of study and develop an individual

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graduation plan in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee. High school students shall be provided guidance, advisement, and counseling annually that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to postsecondary study, further training, or employment. An individual graduation plan shall:
(A) 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; (B) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (C) Align educational and broad career goals and a student's course of study; (D) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (E) Include experience based, career oriented learning experiences which may include, but not be limited to, internships, apprenticeships, mentoring, co-op education, and service learning; (F) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (G) 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 (H) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (8) The Department of Education shall provide training for 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 middle or high school. (9) No later than July 1, 2011, the State Board of Education, in collaboration with the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall establish a process for certifying all focused 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 curriculum meets industry standards where applicable, that its

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teachers hold current industry certification where applicable, and that its facilities, equipment, and software are adequate to teach the curriculum. (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 (d) 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 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 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

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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. (c) No later than July 1, 2010, the State Board of Education shall promulgate rules and regulations for chronically low-performing high schools receiving a reform grant pursuant to subsection (d) 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) 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 high schools pursuant to this part. The state board shall establish program requirements in accordance with the provisions of this part and 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 (d) 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 or a public college or university, 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

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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) Provide students in the ninth 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 revising, if appropriate, the individual graduation plan developed pursuant to paragraph (7) of subsection (a) of Code Section 20-2-327; (4) Enroll students no later than ninth grade into one of the following options for earning a high school diploma and preparing students for postsecondary education and a career which will include a structured program of academic study with in-depth studies in:
(A) Mathematics and science; (B) Humanities, fine arts, and foreign language; or (C) 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. 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, 2010, 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

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summer following a student's senior year, by July 1, 2020, with annual incremental targets.
20-2-329.1. (a) 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. (b) 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.
20-2-329.3. It is the intent of the General Assembly that it is strongly discouraged that this part be waived by the State Board of Education pursuant to Article 4 of this chapter, Code Section 20-2-244, or Code Section 20-2-2065."
SECTION 11. Said title 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 consider the passage by a student of an employer or industry certification examination or a state licensure examination which is approved by the State Board of Education when considering whether to grant such student a variance for one or more portions of the high school graduation test required by the State Board of Education pursuant to subsection (a) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant portion of the high school graduation test at least three times."
SECTION 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 13. All laws and parts of laws in conflict with this Act are repealed.
Representative Millar of the 79th moved that the House adopt the report of the Committee of Conference on SB 178.
On the motion, the roll call was ordered and the vote was as follows:

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Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley
Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 170, nays 1.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver
O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw
Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T
Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of SB 178 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of SB 178.

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/s/ Bobby Franklin Representative, District 43

HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd:

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; 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 169

The Committee of Conference on HB 169 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 169 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Chip Rogers Senator, 21st District

/s/ Earl L. Carter Representative, 159th District

/s/ Ross Tolleson Senator, 20th District

/s/ David W. Knight Representative, 126th District

/s/ Renee Unterman Senator, 45th District

/s/ Judy Manning Representative, 32nd District

A BILL

To amend Titles 12 and 50 of the Official Code of Georgia Annotated, relating, respectively, to conservation and natural resources and state government, so as to provide for permits for the construction and maintenance of boat shelters on High Falls Lake; to

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provide for a transition period; to provide for a fee; to provide for inspections; to provide for notices to affected property owners and local governments whenever the Federal Emergency Management Agency provides formal notice under the federal Map Modernization or Risk Map programs as administered through the National Flood Insurance Program regarding any new or revised flood elevations that are proposed for any property located in the regulatory floodway or elsewhere in this state; to provide for the manner and contents of such notices; to provide for metering and separate charging of water to tenants; to provide for related matters; to abolish the Georgia Golf Hall of Fame; 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 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising Code Section 12-3-34, relating to permits for construction, maintenance, and use of boat docks on High Falls Lake, as follows:
"12-3-34. (a) The Department of Natural Resources is authorized to issue revocable permits for the construction, maintenance, and use of boat docks and boat shelters on High Falls Lake by the owners or lessees of private property abutting the high-water mark of such lake. Such permits shall constitute limited revocable licenses. Such permits shall be issued for periods of three years from the date of issuance and shall be transferable; provided, however, that in order to stagger the renewal periods, the department is authorized to issue permits of one- or two-year duration with the fee prorated appropriately. The fee for such permit for each three-year period shall be fixed by rule or regulation of the Board of Natural Resources in a reasonable amount not to exceed $50.00 $75.00 for boat docks and $75.00 for boat shelters. The fees collected for such permits shall be miscellaneous funds for purposes of use by the Department of Natural Resources pursuant to Code Section 12-3-2. (b) No person shall construct or maintain a boat dock or boat shelter below the highwater mark of High Falls Lake without a valid permit from the Department of Natural Resources. It shall be the duty of the owner of any boat dock or boat shelter on High Falls Lake to keep such dock or shelter in good repair. All such boat docks and boat shelters shall conform to standards for construction, design, maintenance, and repair specified in rules and regulations of the department and restrictions or conditions in the permit. It shall be the duty of the owner of such boat dock or boat shelter to remove any such dock or shelter which is not in compliance with such rules and regulations or permit. (c) It shall be the duty of the owner of any boat dock or boat shelter or the holder of any permit issued under this Code section to notify the department when he or she sells or otherwise transfers the property for which the boat dock or boat shelter is permitted. (d) The department and any official or employee thereof is authorized to inspect any boat dock or boat shelter on High Falls Lake and to remove or cause to be removed any

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such dock or shelter for which a permit is not in effect or which violates the standards for construction, design, maintenance, and repair or the permit conditions imposed by the department. (e) This Code section shall not affect the validity of any permit in effect on March 1, 1993, and the owners of docks for which such permits are in effect on March 1, 1993, may maintain such docks and enjoy the use thereof for the remainder of the period for which such permits were issued, subject to the terms and conditions thereof. (f)(e) The Board of Natural Resources is authorized to adopt rules and regulations necessary or convenient to carry out this Code section and is authorized to impose reasonable terms and conditions on the granting of permits and the construction of boat docks and boat shelters on High Falls Lake by the owners or lessees of private property abutting the high-water mark of such lake. (g)(f) Any permit may be revoked by the department for any violation of this Code section, any rule or regulation of the Board of Natural Resources, or any condition contained in such permit."
SECTION 2. Said title is further amended by adding a new Code section to read as follows:
"12-5-9. (a)(1) Whenever the Federal Emergency Management Agency provides formal notice under the federal Map Modernization or Risk Map programs as administered through the National Flood Insurance Program regarding any new or revised flood elevations as designated on preliminary flood maps for any property located in the regulatory floodway or elsewhere in this state, the department shall provide notice to the county tax assessor and to the governing authority of the county or municipality affected by the revised flood map. Such notice shall be given in writing to the county tax assessor and to the governing authority of such county or municipality by certified mail. Such notices shall be sent promptly and in sufficient time to allow the governing authority of such county or municipality to appeal such determinations in accordance with the provisions of law. (2) Within 40 days of such notification, the county tax assessor shall provide the department a single list of with the names and addresses of all owners of properties affected by new or revised flood elevations as indicated on the revised preliminary flood map. (3) Within 21 days of receipt of names and addresses of owners of properties affected by new or revised flood elevations as designated on the revised preliminary flood map, the department shall provide notice to each such property owner that his or her property will be affected by such new or revised flood elevations and the potential implications of such changes. Such notice shall be given in writing by mail addressed to the owner of record as shown on the property and tax records of the county in which such property is located. Such notices shall be sent by certified mail to owners of properties designated as being in the regulatory floodway and by regular mail to all other owners of affected properties and shall be sent promptly and in sufficient time to

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allow the property owners to appeal such determinations in accordance with the provisions of law. At a minimum, such notices shall contain a description of the proposed new or revised flood elevations and a description of the appeal process from such determinations. (b) Failure to receive a notice required by subsection (a) of this Code section shall not create a basis for any appeal of any new or revised flood elevation independent of the appeal process established by the Federal Emergency Management Agency."
SECTION 3. Said title is further amended in Code Section 12-5-180.1, relating to allocating water and waste-water usage among tenants, by adding a new subsection to read as follows:
"(c) Subsection (a) of this Code section notwithstanding, the owner or operator of a newly constructed building or structure, not including a renovated building, permitted after January 1, 2010, containing residential units shall install equipment to measure the quantity of water provided to each tenant; and the owner or operator of such a building shall charge tenants separately for water service based on actual use per unit, prorated for common use areas. The total charges to the tenants of such a building shall not exceed the total charges paid by the owner or operator for water service for such building plus a reasonable fee for establishing, servicing, and billing for water service; the terms of the charges shall be disclosed to tenants prior to any contractual agreement. This subsection shall not apply to any construction of a building containing residential units the contract for which was entered into prior to January 1, 2010."
SECTION 4. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Part 2, relating to the Georgia Golf Hall of Fame, as follows:
"Part 2
50-12-64. (a) There is created the Georgia Golf Hall of Fame which shall be governed by the Georgia Golf Hall of Fame Board. (b) The board is assigned to the Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3.
50-12-65. The board shall be composed of 15 members. Nine members shall be appointed by the Governor, three members shall be appointed by the Lieutenant Governor, and three members shall be appointed by the Speaker of the House of Representatives. All members shall be appointed for terms of six years. The Governor, the Lieutenant Governor, and the Speaker of the House of Representatives shall consider different areas of the state when making appointments to the board. The board shall elect a chairperson, a vice chairperson, and such other officers as it deems advisable from its

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own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions; however, such employees shall not be subject to the state merit system of employment and employment administration. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. A majority of the members shall constitute a quorum for the transaction of business.
50-12-66. It shall be the main purpose and function of the board to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to the sport of golf in this state or elsewhere. The board is authorized to conduct surveys and polls and to appoint committees to assist it in performing its purpose and function.
50-12-67. The headquarters of the board shall be located in Augusta, Richmond County, Georgia. The board may obtain such halls, rooms, quarters, and offices as it deems necessary for conducting its affairs. The board shall provide a portion of any such space as it shall deem necessary for the display of busts, statues, plaques, books, papers, pictures, and other exhibits and material relating to sports, athletics, and athletes. In addition, the board is authorized to recognize and designate any existing or proposed facility as a part of the hall of fame as may be appropriate.
50-12-68. (a) The board is authorized to solicit and accept donations, contributions, and gifts of money and property to enable it to carry out its function and purpose. The donations, contributions, and gifts shall be exempt from all taxation in this state. The General Assembly is authorized to appropriate funds to the board. (b) The board is authorized to make such contracts, leases, or agreements as may be necessary and convenient to carry out the duties and purposes for which the board is created. The board is authorized to enter into contracts, leases, or agreements with any person, firm, or corporation, public or private, upon such terms and for such purposes as may be deemed advisable by the board.
50-12-69. The applicable statutes of this state, whether now or hereafter in effect, relating to the powers of nonprofit corporations and to meetings and actions of the board of directors of nonprofit corporations shall apply to the Georgia Golf Hall of Fame Board.
50-12-69.1. The Georgia Golf Hall of Fame Board shall be authorized to apply for federal taxexempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended. Reserved."

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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) Sections 2 and 3 of this Act shall become effective on July 1, 2009.

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Carter of the 159th moved that the House adopt the report of the Committee of Conference on HB 169.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison N Amerson N Anderson Y Ashe N Austin Y Baker Y Barnard N Battles N Bearden Y Beasley-Teague Y Benfield N Benton N Black Y Brooks N Bruce Y Bryant Y Buckner N Burkhalter Y Burns N Butler N Byrd N Carter, A Y Carter, B N Casas
Chambers N Channell
Cheokas N Coan Y Cole N Coleman N Collins, D N Collins, T N Cooper N Cox

Y Crawford N Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey Y Dickson Y Dobbs
Dollar N Dooley Y Drenner N Dukes N Ehrhart Y England E Epps, C Y Epps, J N Everson Y Floyd Y Fludd N Franklin
Frazier N Fullerton N Gardner N Geisinger N Glanton N Golick N Gordon N Graves N Greene N Hamilton N Hanner E Harbin N Harden, B N Harden, M N Hatfield N Heard

N Heckstall N Hembree Y Henson N Hill, C N Hill, C.A N Holt N Horne N Houston N Howard Y Hudson Y Hugley Y Jackson Y Jacobs N James N Jerguson N Johnson, C N Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser
Keen N Keown Y Knight N Knox Y Lane, B Y Lane, R N Levitas Y Lindsey N Long N Loudermilk N Lucas
Lunsford N Maddox, B N Maddox, G Y Mangham

Y Manning N Marin N Martin N Maxwell N May N Mayo N McCall
McKillip N Meadows
Millar N Mills Y Mitchell Y Morgan N Morris N Mosby N Murphy N Neal N Nix Y Oliver
O'Neal N Parham N Parrish N Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett N Ralston N Ramsey N Randall N Reece N Reese N Rice N Roberts N Rogers

N Rynders N Scott, A N Scott, M N Sellier N Setzler N Shaw E Sheldon N Shipp N Sims, B Y Sims, C Y Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T E Smith, V E Smyre N Stephens, M N Stephens, R Y Stephenson Y Talton Y Taylor N Teilhet Y Thomas Y Thompson N Walker N Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E N Williams, M Y Williams, R N Wix N Yates
Richardson, Speaker

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On the motion, the ayes were 55, nays 110.
The motion was lost.
Representative McKillip of the 115th stated that 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 Cheokas of the 134th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
House of Representatives Atlanta, Georgia 30334
This version of HB 169 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."
It would have been a violation of my oath of office to have voted to pass this version of HB 169.
/s/ Bobby Franklin Representative, District 43
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 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 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th:
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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by

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the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; 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: Bulloch of the 11th, Chance of the 16th, and Rogers of the 21st.

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 172. By Senators Hamrick of the 30th and Mullis of the 53rd:

A BILL to be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for recovery for serious mental and emotional trauma; to update legislative intent; to change definitions and provide for a new definition; to change provisions related to filing of claims; to change provisions relating to investigations; to revise the characteristics of persons eligible for awards; to change provisions relating to the board's required findings and effective dates for certain for awards; 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 Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James Y Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S

Y Manning Y Marin
Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris
Mosby Y Murphy Y Neal Y Nix Y Oliver

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R

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Y 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, D Y Collins, T Y Cooper Y Cox

N Franklin Y Frazier Y Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jordan Y Kaiser
Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A N Powell, J Y Pruett Y Ralston
Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

On the passage of the Bill, the ayes were 162, nays 2.

Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E
Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The Bill, having received the requisite constitutional majority, was passed.

The following Bill of the Senate was taken up for the purpose of considering the Senate action thereon:

SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th:

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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes.

Representative May of the 111th moved that the House adhere to its position in insisting on its amendment to SB 194 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:

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Representatives May of the 111th, Knight of the 126th and McCall of the 30th.

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 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others:

A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; 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 29

The Committee of Conference on HB 29 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 29 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Bill Cowsert Senator, 46th District

/s/ Mike Jacobs Representative, 80th District

/s/ Preston W. Smith Senator, 52nd District

/s/ Roger Lane Representative, 167th District

/s/ Bill Hamrick Senator, 30th District

/s/ Matt Ramsey Representative, 72nd District

A BILL

To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for presumptions regarding service of pleadings by e-mail on an attorney; to provide for a stay of discovery when a motion to

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6259

dismiss is filed; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the "Georgia Civil Practice Act," is amended by revising subsection (b) of Code Section 9-11-5, relating to service and filing of pleadings subsequent to the original complaint and other papers, as follows:
"(b) Same -- How made. Whenever under this chapter service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him the person to be served or by mailing it to him the person to be served at his the person's last known address or, if no address is known, by leaving it with the clerk of the court. As used in this Code section, the term 'delivery of a copy' means handing it to the attorney or to the party, person to be served or leaving it at his the person to be served's office with his clerk or other a person in charge thereof or, if the such office is closed or the person to be served has no office, leaving it at his the person to be served's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. 'Delivery of a copy' also means transmitting a copy via e-mail in portable document format (PDF) to the person to be served using all e-mail addresses provided pursuant to subsection (f) of this Code section and showing in the subject line of the email message the words 'STATUTORY ELECTRONIC SERVICE' in capital letters. Service by mail is complete upon mailing. Proof of service may be made by certificate of an attorney or of his or her employee, by written admission, by affidavit, or by other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service."
SECTION 2. Said chapter is further amended by adding a new subsection to Code Section 9-11-5, relating to commencement of action and service, to read as follows:
"(f) Electronic service of pleadings. (1) A person to be served may consent to being served with pleadings electronically by: (A) Filing a notice of consent to electronic service and including the person to be served's e-mail address or addresses in such pleading; or (B) Including the person to be served's e-mail address or addresses in or below the signature block of the complaint or answer, as applicable to the person to be served. (2) A person to be served may rescind his or her election to be served with pleadings electronically by filing and serving a notice of such rescission.

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(3) If a person to be served agrees to electronic service of pleadings, such person to be served bears the responsibility of providing notice of any change in his or her email address or addresses. (4) If electronic service of a pleading is made upon a person to be served, and such person certifies to the court under oath that he or she did not receive such pleading, it shall be presumed that such pleading was not received unless the serving party disputes the assertion of nonservice, in which case the court shall decide the issue of service of such pleading."
SECTION 3. Said chapter is further amended by revising subsection (e) of Code Section 9-11-6, relating to time, as follows:
"(e) Additional time after service by mail or e-mail. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served upon him the party by mail or e-mail, three days shall be added to the prescribed period."
SECTION 4. Said chapter is further amended by adding a new subsection to Code Section 9-11-12, relating to answers, defenses, and objections in civil practice, to read as follows:
"(j)(1) Stay of discovery. If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner. The court shall decide the motion to dismiss within the 90 days provided in this paragraph. (2) The discovery period and all discovery deadlines shall be extended for a period equal to the duration of the stay imposed by this subsection. (3) The court may upon its own motion or upon motion of a party terminate or modify the stay imposed by this subsection but shall not extend such stay. (4) If a motion to dismiss raises defenses set forth in paragraph (2), (3), (5), or (7) of subsection (b) of this Code section or if any party needs discovery in order to identify persons who may be joined as parties, limited discovery needed to respond to such defenses or identify such persons shall be permitted until the court rules on such motion. (5) The provisions of this subsection shall not modify or affect the provisions of paragraph (2) of subsection (f) of Code Section 9-11-23 or any other power of the court to stay discovery."
SECTION 5. This Act shall become effective on July 1, 2009, and shall apply to motions to dismiss filed after July 1, 2009.

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6261

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

Representative Jacobs of the 80th moved that the House adopt the report of the Committee of Conference on HB 29.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black 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, D Y Collins, T Y Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long N Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 161, nays 9.

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows
Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett N Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon Y Shipp Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T E Smith, V E Smyre
Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor N Teilhet Y Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

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House of Representatives Atlanta, Georgia 30334

This version of HB 29 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 29.

/s/ Bobby Franklin Representative, District 43

SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd and others:

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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 168

The Committee of Conference on SB 168 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 168 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Renee S. Unterman Senator, 45th District

/s/ Wilkinson Representative, 52nd District

/s/ Eric Johnson Senator, 1st District

/s/ Scott Representative, 153rd District

/s/ George Hooks Senator, 14th District

/s/ Jay Roberts Representative, 154th District

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6263

A BILL
To revise provisions relating to ethics and campaign finance; to change provisions relating to the powers and duties of the State Ethics Commission; to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to revise provisions relating to prohibitions against campaign contributions by regulated entities to their elected regulators; to revise provisions relating to contributions by officers and employees of regulated entities; to require disclosure report identification of contributions by officers and employees; to prohibit elected regulators from soliciting contributions from officers and employees; to change certain provisions regarding filing campaign disclosure reports and financial disclosure reports; to eliminate duplicate copy filing of certain disclosure reports with county election superintendents; to provide that electronic filing shall constitute an affirmation that a report is true, complete, and correct and that no written affirmation shall be required for electronic filings; to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, so as to provide for certain reports with respect to members failing to file tax returns or in default on tax payments; 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 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," is amended in Code Section 21-5-6, relating to powers and duties of the State Ethics Commission, by revising paragraphs (7) and (8) of subsection (a) as follows:
"(7) To adopt in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," such rules and regulations as are necessary to carry out the purposes of specifically authorized in this chapter; and (8) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the powers granted specifically authorized to it in this chapter."
SECTION 2. Said chapter is further amended in Code Section 21-5-30.1, relating to prohibited contributions by regulated entities to elected executive officers or candidates, by revising subsection (d) as follows:
"(d) Nothing contained in this Code section shall be construed to prevent any person who may be employed by a regulated entity, including a person in whose name a license or lease is held, or who is an officer of a regulated entity from voluntarily making a campaign contribution from that person's personal funds to or on behalf of a person holding office as an elected executive officer regulating such entity or to or on behalf of a candidate for the office of an elected executive officer regulating such entity

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or to or on behalf of a campaign committee of any such candidate; provided, however, that:
(1) The elected executive officer or candidate receiving one or more campaign contributions described in this subsection shall in his or her disclosure report under Code Section 21-5-34 separately identify each contribution and the total of contributions which he or she knows or should have reason to know are described in this subsection; (2) It shall be unlawful and a violation of this Code section for any regulated entity or other person elected executive officer to require another by coercive action to make any such contribution."
SECTION 3. Said chapter is further amended in Code Section 21-5-34, relating to disclosure reports, by revising subparagraph (a)(1)(A) and the introductory language of subsection (e) as follows:
"(a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee organized to bring about the nomination or election of a candidate for any office, except county and municipal offices, or the General Assembly and the chairperson or treasurer of every campaign committee designed to bring about the recall of a public officer or to oppose the recall of a public officer or designed to bring about the approval or rejection by the voters of any proposed constitutional amendment, state-wide proposed question, or state-wide referendum shall sign and file with the commission the required campaign contribution disclosure reports. A candidate for membership in the General Assembly or the chairperson or treasurer of such candidate's campaign committee shall file such candidate's reports with the commission and a copy of such report with the election superintendent of the county of such candidate's residence." "(e) Any person who makes contributions to, accepts contributions for, or makes expenditures on behalf of candidates, and any independent committee, shall file a registration with the commission in the same manner as is required of campaign committees prior to accepting or making contributions or expenditures. Such persons, other than independent committees, shall also file campaign contribution disclosure reports in the same places and at the same times as required of the candidates they are supporting, but such persons shall not be required to file copies of campaign contribution disclosure reports with local election superintendents as is required of candidates for membership in the General Assembly. The following persons shall be exempt from the foregoing registration and reporting requirements:"
SECTION 4. Said chapter is further amended in Code Section 21-5-34.1, relating to filing campaign contribution disclosure reports electronically, by revising subsection (e) as follows:
"(e) When campaign contribution disclosure reports are filed electronically as provided in subsections (a) through (d) of this Code section, the filer shall only submit to the

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commission a notarized affidavit certifying that the electronic filing is correct by United States mail, with adequate postage affixed. The electronic filing of any campaign contribution disclosure report required under this article shall constitute an affirmation that the report is true, complete, and correct."
SECTION 5. Said chapter is further amended in Code Section 21-5-50, relating to filing of financial disclosure statements by public officers and candidates, by revising subsection (e) as follows:
"(e) Where the financial disclosure statements required by paragraph (1) of subsection (a) of this Code section are filed electronically, the public officer, as that term is defined in subparagraphs (A) through (E) of paragraph (22) of Code Section 21-5-3, shall file a notarized affidavit certifying that the electronic filing is correct and no paper copy of the financial disclosure statement shall be required to be filed. The electronic filing of any financial disclosure statement required under this article shall constitute an affirmation that the statement is true, complete, and correct."
SECTION 6. Said chapter is further amended by revising Code Section 21-5-51, relating to verification of financial disclosure statements, and Code Section 21-5-52, relating to mail filing of financial disclosure statements, as follows:
"21-5-51. The financial disclosure statements required under this article shall be verified by oath or affirmation of the public officer filing the statement, such oath or affirmation to be taken before an officer authorized to administer oaths, unless filed electronically in which case the electronic filing shall constitute an affirmation that the statement is true, complete, and correct.
21-5-52. (a) The mailing of the notarized financial disclosure affidavit by United States mail, with adequate postage affixed, within the required filing time as determined by the official United States postage date cancellation, shall be prima-facie proof of filing when the disclosure statement is not filed electronically. (b) It shall be the duty of the commission or any other officer or body which receives for filing any document required to be filed under this chapter to maintain with the filed document a copy of the postal markings or statutory overnight delivery service markings of any envelope, package, or wrapping in which the document was delivered for filing if mailed or sent after the date such filing was due."
SECTION 7. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly in general, is amended by adding a new Code section to read as follows:
"28-1-8.

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(a) The state revenue commissioner shall be required to report to the chairperson of the Senate Ethics Committee the name of any Senator who has not filed a Georgia personal income tax return required by law to be filed by the Senator or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution. The state revenue commissioner shall be required to report to the chairperson of the House Committee on Ethics the name of any Representative who has not filed a Georgia personal income tax return required by law to be filed by the Representative or is a defaulter for state income taxes in violation of Article II, Section II, Paragraph III of the Constitution. (b) The state revenue commissioner shall give written notice by registered or certified mail, return receipt requested, or statutory overnight delivery of any report under this Code section to the member of the General Assembly who is to be named at least 30 days prior to making such report. (c) Upon receipt of a report under this Code section, the chairperson of the committee to whom the report is made shall undertake an appropriate investigation of the matter and report the findings of the investigation to the presiding officer of his or her chamber. (d) Nothing in this Code section shall apply with respect to a tax return for which the taxpayer has timely applied for and received an unexpired extension of time to file. (e) The provisions of this Code section shall control over the provisions of Code Section 48-7-60 or any other law relating to confidential treatment of state income tax return information."

SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Wilkinson of the 52nd moved that the House adopt the report of the Committee of Conference on SB 168.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles

Y Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs
Dollar Y Dooley

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson

Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw E Sheldon
Shipp Y Sims, B Y Sims, C

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Y Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns Y Butler Y Byrd Y Carter, A Y Carter, B Y Casas
Chambers Y Channell
Cheokas Y Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd Y Franklin Y Frazier Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Hugley Y Jackson Y Jacobs Y James 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 Lindsey Y Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 160, nays 3.

Mills Mitchell Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M Y Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th:

A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

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COMMITTEE OF CONFERENCE REPORT ON HB 189

The Committee of Conference on HB 189 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 189 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Harp Senator, 29th District

/s/ Mark Butler Representative, 18th District

/s/ Cowsert Senator, 46th District

/s/ Willard Representative, 49th District

/s/ Golick Representative, 34th District

A BILL

To amend Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Arbitration Code," so as to correct a cross-reference; to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to provide for oversight by the administrator of private child support collection; to provide for definitions; to provide for contractual requirements; to provide for private child support collectors to register with the Secretary of State; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of such contracts; to provide for other remedies; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," so as to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to change provisions relating to confidentiality of information and records held by the department; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

SECTION 1. Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to applicability of the "Georgia Arbitration Code," is amended by revising paragraph (7) of subsection (c) as follows:

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"(7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the 'Fair Business Practices Act of 1975';"
SECTION 2. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," is amended by revising subsection (a) of Code Section 10-1-392, relating to definitions, as follows:
"(a) As used in this part, the term: (1) 'Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her delegate. (1.1)(2) 'Campground membership' means any arrangement under which a purchaser has the right to use, occupy, or enjoy a campground membership facility. (1.2)(3) 'Campground membership facility' means any campground facility at which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased the right periodically to use the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (1.3)(4) 'Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A 'career consulting firm' shall not guarantee actual job placement as one of its services. A 'career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34. (5) 'Child support enforcement' means the action, conduct, or practice of enforcing a child support order issued by a court or other tribunal. (2)(6) 'Consumer' means a natural person. (2.1)(7) 'Consumer acts or practices' means acts or practices intended to encourage consumer transactions. (2.2)(8) 'Consumer report' means any written or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity which is used or intended to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for: (A) Credit or insurance to be used primarily for personal, family, or household purposes; or (B) Employment consideration. (2.3)(9) 'Consumer reporting agency' or 'agency' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole

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or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (3)(10) 'Consumer transactions' means the sale, purchase, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes. (11) 'Department' means the Department of Human Resources. (4)(12) 'Documentary material' means the original or a copy, whether printed, filmed, or otherwise preserved or reproduced, by whatever process, including electronic data storage and retrieval systems, of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate. (5)(13) 'Examination' of documentary material means inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in with respect of to any such documentary material. (5.1)(14) 'File' means, when used in connection with information on any consumer, all of the information on that consumer recorded or retained by a consumer reporting agency regardless of how the information is stored. (5.2)(15) 'Going-out-of-business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a sale because the person is going out of business, liquidating, selling his or her entire stock or 50 percent or more of his or her stock, selling out to the bare walls, selling because the person has lost his or her lease, selling out his or her interest in the business, or selling because everything in the business must be sold or that the sale is a trustee's sale, bankrupt bankruptcy sale, save us from bankruptcy sale, insolvent insolvency sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale. (6)(16) 'Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a 'reducing salon,' 'health spa,' 'spa,' 'exercise gym,' 'health studio,' 'health club,' or by other terms of similar import. A health spa shall not include any of the following:
(A) Any nonprofit organization; (B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or

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(C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility. (6.1)(17) 'Marine membership' means any arrangement under which a purchaser has a right to use, occupy, or enjoy a marine membership facility. (6.2)(18) 'Marine membership facility' means any boat, houseboat, yacht, ship, or other floating facility upon which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased a right to use periodically, occupy, or enjoy the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (19) 'Obligee' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as the payee to whom an obligor owes child support. (20) 'Obligor' means a resident of this state who is identified in an order for child support issued by a court or other tribunal as required to make child support payments. (6.3)(21) 'Office' means any place where business is transacted, where any service is supplied by any person, or where any farm is operated. (6.4)(22) 'Office supplier' means any person who sells, rents, leases, or ships, or offers to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm. (6.5)(23) 'Office supply transactions' means the sale, lease, rental, or shipment of, or offer to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm but shall not include transactions in which the goods, services, or property is purchased, leased, or rented by the office or farm for purposes of reselling them to other persons. (7)(24) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (25) 'Private child support collector' means an individual or nongovernmental entity that solicits and contracts directly with obligees to provide child support collection services for a fee or other compensation but shall not include attorneys licensed to practice law in this state unless such attorney is employed by a private child support collector. (7.1)(26) 'Prize' means a gift, award, or other item intended to be distributed or actually distributed in a promotion. (8)(27) 'Promotion' means any scheme or procedure for the promotion of consumer transactions whereby one or more prizes are distributed among persons who are required to be present at the place of business or are required to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to receive the prize or to determine which, if any, prize they will receive. Promotions shall not include any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote if

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such condition is clearly and conspicuously disclosed in the promotional advertising and literature and the receipt of the prize does not involve an element of chance. Any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote or upon the payment of money and where the receipt of that prize involves an element of chance shall be deemed to be a lottery under Code Section 16-12-20; provided, however, that nothing in this definition shall be construed to include a lottery operated by the State of Georgia or the Georgia Lottery Corporation as authorized by law; provided, further, that any deposit made in connection with an activity described by subparagraph (b)(22)(B) of Code Section 101-393 shall not constitute the payment of money. (9)(28) 'Trade' and 'commerce' mean the advertising, distribution, sale, lease, or offering for distribution, sale, or lease of any goods, services, or any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value wherever situate and shall include any trade or commerce directly or indirectly affecting the people of the this state."
SECTION 3. Said part is further amended by adding two new Code sections to read as follows:
"10-1-393.9. (a) Private child support collectors shall register with the Secretary of State and shall provide information as requested by the Secretary of State, including, but not limited to, the name of the private child support collector, the office address and telephone number for such entity, and the registered agent in this state on whom service of process is to be made in a proceeding against such private child support collector. (b) An application for registration shall be accompanied by a surety bond filed, held, and approved by the Secretary of State, and the surety bond shall be:
(1) Issued by a surety authorized to do business in this state; (2) In the amount of $50,000.00; (3) In favor of the state for the benefit of a person damaged by a violation of this Code section; and (4) Conditioned on the private child support collector's compliance with this Code section and Code Section 10-1-393.10 and the faithful performance of the obligations under the private child support collector's agreements with its clients. (c) In lieu of a surety bond, the Secretary of State may accept a deposit of money in the amount of $50,000.00. The Secretary of State shall deposit any amounts received under this subsection in an insured depository account designated for that purpose.
10-1-393.10. (a) Any contract for the collection of child support between a private child support collector and an obligee shall be filed by the private child support collector with the Governor's Office of Consumer Affairs.

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(b) Any contract for the collection of child support between a private child support collector and an obligee shall be in writing, in at least ten-point type, and signed by such private child support collector and obligee. The contract shall include:
(1) An explanation of the nature of the services to be provided; (2) An explanation of the amount to be collected from the obligor by the private child support collector and a statement of a sum certain of the total amount that is to be collected by the private child support collector that has been engaged by the obligee; (3) An explanation in dollar figures of the maximum amount of fees which could be collected under the contract and an example of how fees are calculated and deducted; (4) A statement that fees shall only be charged for collecting past due child support, although the contract may include provisions to collect current and past due child support; (5) A statement that a private child support collector shall not retain fees from collections that are primarily attributable to the actions of the department and that a private child support collector shall be required by law to refund any fees improperly retained; (6) An explanation of the opportunities available to the obligee or private child support collector to cancel the contract or other conditions under which the contract terminates; (7) The mailing address, telephone numbers, facsimile numbers, and e-mail address of the private child support collector; (8) A statement that the private child support collector shall only collect money owed to the obligee and not child support assigned to the State of Georgia; (9) A statement that the private child support collector is not a governmental entity and that the department provides child support enforcement services at little or no cost to the obligee; and (10) A statement that the obligee may continue to use or pursue services through the department to collect child support. (c) A private child support collector shall not: (1) Improperly retain fees from collections that are primarily attributable to the actions of the department. If the department or an obligee notifies a private child support collector of such improper fee retention, such private child support collector shall refund such fees to the obligee within seven business days of the notification of the improper retention of fees and shall not be liable for such improper fee retention. A private child support collector may require documentation that the collection was primarily attributable to the actions of the department prior to issuing any refund; (2) Charge fees in excess of one-third of the total amount of child support payments collected; (3) Solicit obligees using marketing materials, advertisements, or representations reasonably calculated to create a false impression or mislead an obligee into believing the private child support collector is affiliated with the department or any other governmental entity;

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(4) Use or threaten to use violence or other criminal means to cause harm to an obligor or the property of the obligor; (5) Falsely accuse or threaten to falsely accuse an obligor of a violation of state or federal laws; (6) Take or threaten to take an enforcement action against an obligor that is not authorized by law; (7) Represent to an obligor that the private child support collector is affiliated with the department or any other governmental entity authorized to enforce child support obligations or fail to include in any written correspondence to an obligor the statement that 'This communication is from a private child support collector. The purpose of this communication is to collect a child support debt. Any information obtained will be used for that purpose.'; (8) Communicate to an obligor's employer, or his or her agent, any information relating to an obligor's indebtedness other than through proper legal action, process, or proceeding; (9) Communicate with an obligor whenever it appears the obligor is represented by an attorney and the attorney's name and address are known, or could be easily ascertained, unless the attorney fails to answer correspondences, return telephone calls, or discuss the obligation in question, or unless the attorney and the obligor consent to direct communication; (10) Contract with an obligee who is owed less than three months of child support arrearages; or (11) Contract with an obligee for a sum certain to be collected which is greater than the total sum of arrearages and the statutory interest owed as of the date of execution of the contract. (d) In addition to any other cancellation or termination provisions provided in the contract between a private child support collector and an obligee, the contract shall be cancelled or terminate if: (1) The obligee requests cancellation in writing within 30 days of signing the contract; (2) The obligee requests cancellation in writing after any 12 consecutive months in which the private child support collector fails to make a collection; (3) The private child support collector breaches any term of the contract or violates any provision contained within this Code section; or (4) The amount to be collected pursuant to the contract has been collected. (e) When it reasonably appears to the administrator that a private child support collector has contracted with obligees on or after July 1, 2009, using a contract that is not in compliance with this Code section, the administrator may demand pursuant to Code Section 10-1-403 that such private child support collector produce a true and accurate copy of each such contract. If such private child support collector fails to comply or the contracts are determined by the administrator to not be compliant with the provisions of this Code section, the administrator may utilize any of the powers vested in this part to ensure compliance.

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(f) Upon the request of an obligee, the Child Support Enforcement Agency of the department shall forward child support payments made payable to the obligee to any private child support collector that is in compliance with the provisions of this Code section and Code Section 10-1-393.9. (g) The remedies provided in this part shall be cumulative and shall be in addition to any other procedures, rights, or remedies available under any other law. (h) Any waiver of the rights, requirements, and remedies provided by this Code section that are contained in a contract between a private child support collector and an obligee violates public policy and shall be void."
SECTION 4. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the "Child Support Recovery Act," is amended by revising subsection (f) of Code Section 19-11-18, relating to collection procedures, as follows:
"(f) Notwithstanding any other provision of this title to the contrary, any child support being held by the Child Support Enforcement Agency of the Department of Human Resources department shall be paid to the custodial parent, legal guardian, or caretaker relative having custody of or responsibility for a child within 30 two days from receipt of same by the enforcement agency."
SECTION 5. Said article is further amended by revising subsection (a) of Code Section 19-11-30, relating to confidentiality of information and records held by the department, as follows:
"(a)(1) Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor. (2) The department shall provide to an attorney representing an obligee or to a private child support collector, as defined in Code Section 10-1-392, hired by an obligee and acting pursuant to a power of attorney signed by such obligee, any documents which such obligee would be entitled to request and receive from the Child Support Enforcement Agency of the department."
SECTION 6. This Act shall become effective on July 1, 2009, and shall be applicable to all contracts for private collection of child support payment entered into on or after such effective date.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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Representative Butler of the 18th moved that the House adopt the report of the Committee of Conference on HB 189.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden N Beasley-Teague N Benfield N Benton N Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A
Carter, B Y Casas
Chambers Channell Y Cheokas Y Coan Cole Y Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson
Floyd N Fludd N Franklin
Frazier Fullerton Y Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton N Hanner E Harbin Y Harden, B Y Harden, M N Hatfield N Heard

Y Heckstall Y Hembree N Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James
Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas
Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 91, nays 66.

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell
Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham
Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece N Reese
Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier
Setzler N Shaw E Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T E Smith, V E Smyre N Stephens, M
Stephens, R N Stephenson Y Talton N Taylor
Teilhet N Thomas N Thompson Y Walker Y Weldon
Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M
Williams, R N Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Wilkinson of the 52nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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Representative Porter of the 143rd moved that the House reconsider its action in adopting the report of the Committee of Conference on HB 189.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison N Amerson N Anderson Y Ashe N Austin Y Baker N Barnard N Battles N Bearden Y Beasley-Teague Y Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner N Burkhalter N Burns Y Butler N Byrd Y Carter, A
Carter, B N Casas
Chambers Y Channell Y Cheokas N Coan
Cole N Coleman N Collins, D Y Collins, T N Cooper N Cox

Y Crawford N Davis, H N Davis, S Y Dawkins-Haigler N Day N Dempsey N Dickson Y Dobbs Y Dollar Y Dooley N Drenner Y Dukes N Ehrhart N England E Epps, C Y Epps, J N Everson Y Floyd Y Fludd Y Franklin Y Frazier Y Fullerton Y Gardner N Geisinger Y Glanton N Golick Y Gordon N Graves Y Greene N Hamilton Y Hanner E Harbin Y Harden, B N Harden, M Y Hatfield Y Heard

Heckstall N Hembree
Henson N Hill, C N Hill, C.A N Holt N Horne Y Houston Y Howard Y Hudson
Hugley Y Jackson N Jacobs Y James
Jerguson Y Johnson, C Y Johnson, T N Jones, J Y Jones, S Y Jordan Y Kaiser N Keen Y Keown N Knight N Knox N Lane, B Y Lane, R Y Levitas N Lindsey Y Long N Loudermilk Y Lucas
Lunsford N Maddox, B N Maddox, G Y Mangham

On the motion, the ayes were 87, nays 77.

Y Manning Y Marin N Martin N Maxwell N May Y Mayo N McCall Y McKillip N Meadows N Millar N Mills Y Mitchell Y Morgan N Morris Y Mosby Y Murphy N Neal N Nix Y Oliver N O'Neal Y Parham Y Parrish N Parsons N Peake Y Porter Y Powell, A N Powell, J Y Pruett N Ralston N Ramsey Y Randall Y Reece N Reese
Rice N Roberts N Rogers

N Rynders N Scott, A N Scott, M N Sellier Y Setzler Y Shaw E Sheldon Y Shipp N Sims, B N Sims, C Y Sinkfield N Smith, B N Smith, L N Smith, R Y Smith, T E Smith, V E Smyre Y Stephens, M Y Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon N Wilkinson N Willard Y Williams, A Y Williams, E N Williams, M
Williams, R Y Wix N Yates
Richardson, Speaker

The motion prevailed.

The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

Mr. Speaker:

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The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:
HB 514. By Representatives Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and Burkhalter of the 50th:
A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate the following Senators: Hudgens of the 47th, Shafer of the 48th, and Hawkins of the 49th.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Dawkins-Haigler of the 93rd:
A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 251
The Committee of Conference on HB 251 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 251 be adopted.
Respectfully submitted,

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FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Weber Senator, 40th District

/s/ Morgan Representative, 39th District

/s/ Moody Senator, 56th District

/s/ Coleman Representative, 97th District

/s/ Johnson Senator, 1st District

/s/ D. Casas Representative, 103rd 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 the option for parents to enroll their child in another school within the local school system or in a school in another local school system; to provide for definitions; to provide for statutory construction; to provide for certain notifications regarding available space in classrooms; to provide for nepotism restrictions for eligibility for members of local boards of education and for local school superintendents; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new article to read as follows:

"ARTICLE 34

20-2-2130. As used in this article, the term:
(1) 'Department' means the Department of Education. (2) 'Parent' means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child.

20-2-2131. (a)(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system in which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have

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been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school. (2) No later than July 1, 2009, each local school system shall establish a universal, streamlined process available to all students to implement the transfer requirements of paragraph (1) of this subsection. (3) A student who transfers to another school pursuant to this subsection may, at his or her election, continue to attend such school until the student completes all grades of the school. (4) This subsection shall not be construed to affect any student currently attending a school other than the school to which the student has been assigned by the local board of education pursuant to a transfer authorized under the federal No Child Left Behind Act (P.L. 107-110). (b) The department shall establish a model universal, streamlined process to implement the transfer provisions of this Code section. Each local board of education shall adopt a universal, streamlined transfer process that includes, at a minimum, such state model. Such local process shall include a deadline for submitting transfer requests. (c) Each local school system shall annually notify prior to each school year the parents of each student by letter, electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article. (d) The local school system shall notify parents by July 1 of each year which schools have available space and to which of these schools parents may choose to request a transfer for their children. (e) This Code section shall not apply to charter schools. (f) This Code section shall not apply to newly opened schools with available classroom space for a period of four years after the school opens."
SECTION 2. Said chapter is further amended by revising subsection (c) of Code Section 20-2-51, relating to election of county board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, as follows:
"(c)(1) No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of a local board of education. No person employed by a local board of education shall be eligible to serve as a member of that board of education. No person employed by the Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a local board of education. This subsection paragraph shall not apply to institutions above the high school level. (2) No person who has an immediate family member sitting on a local board of education or serving as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system shall be eligible to serve as a member of such local board of education. As used in this paragraph, the term 'immediate family member' means a spouse, child, sibling, or parent or the

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spouse of a child, sibling, or parent. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2009. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes a local board of education member for that school system."

SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 20-2-101, relating to appointment of county school superintendents, as follows:
"(b)(1) 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. (2) No person shall be eligible to be appointed, employed, or to serve as superintendent of schools of any county or independent school system who has an immediate family member sitting on the local board of education for such school system or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on or after July 1, 2009, by that school system. As used in this subsection, the term 'immediate family member' shall have the same meaning as in subsection (c) of Code Section 20-2-51. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes the superintendent for that school system."

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 Morgan of the 39th moved that the House adopt the report of the Committee of Conference on HB 251.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson

N Crawford N Davis, H N Davis, S Y Dawkins-Haigler

N Heckstall N Hembree
Henson Y Hill, C

N Manning N Marin
Martin N Maxwell

N Rynders N Scott, A Y Scott, M Y Sellier

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N Anderson Y Ashe Y Austin N Baker Y Barnard Y Battles N Bearden N Beasley-Teague N Benfield N Benton N Black Y Brooks Y Bruce Y Bryant N Buckner Y Burkhalter Y Burns N Butler Y Byrd N Carter, A
Carter, B Y Casas
Chambers Channell Y Cheokas Y Coan Cole Y Coleman N Collins, D Y Collins, T Y Cooper Y Cox

Y Day N Dempsey N Dickson Y Dobbs N Dollar N Dooley Y Drenner Y Dukes Y Ehrhart N England E Epps, C N Epps, J N Everson Y Floyd Y Fludd N Franklin Y Frazier N Fullerton Y Gardner Y Geisinger N Glanton
Golick Y Gordon Y Graves
Greene Y Hamilton N Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

Hill, C.A Y Holt N Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James
Jerguson N Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown
Knight Y Knox Y Lane, B N Lane, R N Levitas Y Lindsey Y Long Y Loudermilk N Lucas
Lunsford N Maddox, B Y Maddox, G
Mangham

On the motion, the ayes were 77, nays 78.

Y May Y Mayo N McCall N McKillip N Meadows Y Millar N Mills N Mitchell Y Morgan Y Morris Y Mosby N Murphy N Neal N Nix N Oliver N O'Neal
Parham Parrish N Parsons Y Peake N Porter N Powell, A Y Powell, J N Pruett N Ralston N Ramsey N Randall N Reece Y Reese Rice N Roberts N Rogers

Y Setzler N Shaw E Sheldon N Shipp N Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, L Y Smith, R N Smith, T E Smith, V E Smyre N Stephens, M
Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet N Thomas N Thompson N Walker Y Weldon Y Wilkinson
Willard N Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

The motion was lost.

House of Representatives Atlanta, Georgia 30334

This version of HB 251 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 251.

/s/ Bobby Franklin Representative, District 43

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Representative Morgan of the 39th moved that the House reconsider its action in failing to adopt the report of the Committee of Conference on HB 251.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison N Amerson N Anderson Y Ashe Y Austin N Baker Y Barnard Y Battles N Bearden Y Beasley-Teague Y Benfield N Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter Y Burns N Butler Y Byrd N Carter, A Y Carter, B Y Casas
Chambers Y Channell Y Cheokas Y Coan
Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

N Crawford N Davis, H N Davis, S Y Dawkins-Haigler N Day Y Dempsey N Dickson Y Dobbs N Dollar
Dooley Y Drenner N Dukes Y Ehrhart N England E Epps, C N Epps, J Y Everson
Floyd Y Fludd N Franklin Y Frazier N Fullerton Y Gardner Y Geisinger N Glanton N Golick Y Gordon Y Graves Y Greene Y Hamilton N Hanner E Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall N Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James
Jerguson N Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox N Lane, B N Lane, R N Levitas Y Lindsey Y Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 103, nays 62.

Manning N Marin
Martin N Maxwell Y May Y Mayo N McCall Y McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris Y Mosby N Murphy Y Neal N Nix N Oliver Y O'Neal
Parham Y Parrish N Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett N Ralston N Ramsey N Randall N Reece Y Reese N Rice N Roberts N Rogers

N Rynders N Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, L Y Smith, R N Smith, T Y Smith, V E Smyre N Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A
Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Ehrhart of the 36th moved that all Bills and Resolutions on the General Calendar be recommitted to the Committee from whence they came.

The motion prevailed.

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The following Resolutions of the House were read and adopted:
HR 1001. By Representatives Sims of the 119th and Murphy of the 120th:
A RESOLUTION requesting that the Georgia Golf Hall of Fame statues be displayed throughout Augusta during the week of the Masters Golf Tournament; and for other purposes.
HR 1002. By Representatives Peake of the 137th, Epps of the 140th, Cole of the 125th, Randall of the 138th, Sellier of the 136th and others:
A RESOLUTION recognizing and commending Mr. Le Kevin Smith; and for other purposes.
HR 1003. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. James N. Bailey and expressing regret at his passing; and for other purposes.
HR 1004. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. William Dorsey Rouse, Sr.; and for other purposes.
HR 1005. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. Ricky Joe Harwood; and for other purposes.
HR 1006. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mrs. Margaret "Betty" Elizabeth Duncan; and for other purposes.
HR 1007. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mrs. Ann Bell Brown; and for other purposes.
HR 1008. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. Jimmie Hill, Jr.; and for other purposes.

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HR 1009. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Ms. Darlene Smith; and for other purposes.
HR 1010. By Representative Hatfield of the 177th:
A RESOLUTION remembering and honoring the life of Margaret Edenfield Lott and expressing regrets at her passing; and for other purposes.
HR 1011. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mrs. Jacqueline Smith McCrary; and for other purposes.
HR 1012. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. George Leonard Amspacher; and for other purposes.
HR 1013. By Representatives Stephens of the 161st, Gordon of the 162nd, Marin of the 96th, Mitchell of the 88th, Jordan of the 77th and others:
A RESOLUTION commending the St. Benedict the Moor Catholic Church; and for other purposes.
HR 1014. By Representatives Abdul-Salaam of the 74th, Johnson of the 75th, Glanton of the 76th, Jordan of the 77th, Heckstall of the 62nd and others:
A RESOLUTION recognizing Ms. Leslie Miller Terry as a Notable Woman of Achievement in observance of Women's History Month; and for other purposes.
HR 1015. By Representatives Smyre of the 132nd, Smith of the 131st, Buckner of the 130th, Hugley of the 133rd and Smith of the 129th:
A RESOLUTION recognizing and commending Mr. Billy Brescia; and for other purposes.
HR 1016. By Representative Burkhalter of the 50th:
A RESOLUTION honoring the life and memory of Dr. Daniel B. Terry, Jr.; and for other purposes.

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HR 1017. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mrs. Missouri Gipson Talley; and for other purposes.
HR 1018. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. Randall William Sharpe and expressing regret at his passing; and for other purposes.
HR 1019. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. Lewis Carlton Music; and for other purposes.
HR 1020. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Elizabeth Lane McLeod Walker O'Connor; and for other purposes.
HR 1021. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. Joshua Thomas Highsmith; and for other purposes.
HR 1022. By Representatives Smith of the 129th, Sheldon of the 105th, Hamilton of the 23rd and Loudermilk of the 14th:
A RESOLUTION recognizing and commending Mr. John Orr and Mr. Paul DiGiroiamo; and for other purposes.
HR 1023. By Representatives Hugley of the 133rd, Buckner of the 130th, Smith of the 131st and Smyre of the 132nd:
A RESOLUTION recognizing and commending Mr. Bruce Huff; and for other purposes.
HR 1024. By Representative Hatfield of the 177th:
A RESOLUTION honoring the life and memory of Mr. Jon Cameron Parker, Sr.; and for other purposes.

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HR 1025. By Representatives Mayo of the 91st, Stephenson of the 92nd, Shipp of the 58th and Mosby of the 90th:
A RESOLUTION congratulating the Southwest DeKalb High School girls basketball team on winning their second consecutive Class AAAA State Championship; and for other purposes.
HR 1026. By Representatives Mangham of the 94th, Dawkins-Haigler of the 93rd, Abrams of the 84th, Jones of the 44th, Taylor of the 55th and others:
A RESOLUTION commending Mr. Tyler R. Bell on his service as a legislative intern; and for other purposes.
HR 1027. By Representatives Murphy of the 120th, Frazier of the 123rd and Howard of the 121st:
A RESOLUTION recognizing and commending Dr. Daniel W. Rahn; and for other purposes.
HR 1028. By Representatives Murphy of the 120th, Frazier of the 123rd and Howard of the 121st:
A RESOLUTION honoring and celebrating the 73rd birthday of Dr. John "Doc" Bradley, Sr.; and for other purposes.
HR 1029. By Representative Dempsey of the 13th:
A RESOLUTION commending Dawn Faulkner, Rome High School's 2009 STAR Teacher; and for other purposes.
HR 1030. By Representative Dempsey of the 13th:
A RESOLUTION commending Jeffrey Kirk, Pepperell High School's 2009 STAR Teacher; and for other purposes.
HR 1031. By Representative Dempsey of the 13th:
A RESOLUTION commending Zachary Greg Johnson, Pepperell High School's 2009 STAR Student; and for other purposes.

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HR 1032. By Representative Dempsey of the 13th:
A RESOLUTION commending Sharlie M. Puff, Pepperell High School's 2009 STAR Student; and for other purposes.
HR 1033. By Representative Dempsey of the 13th:
A RESOLUTION commending Robert McGraw, Jr., Pepperell High School's 2009 STAR Teacher; and for other purposes.
HR 1034. By Representative Dempsey of the 13th:
A RESOLUTION commending Tereon Roden, Rome High School's 2009 STAR Student; and for other purposes.
HR 1035. By Representative Dempsey of the 13th:
A RESOLUTION commending Dawn S. Faulkner, Rome High School's 2009 STAR Teacher; and for other purposes.
HR 1036. By Representative Dempsey of the 13th:
A RESOLUTION commending Alexandra Louise Dodd, Darlington High School's 2009 STAR Student finalist; and for other purposes.
HR 1037. By Representative Dempsey of the 13th:
A RESOLUTION commending Julia Dodd, Darlington High School's 2009 STAR Teacher; and for other purposes.
HR 1038. By Representative Dempsey of the 13th:
A RESOLUTION commending Alexandra Dodd, Darlington School's 2009 STAR Student, and Mrs. Julia O. Dodd, Darlington School's 2009 STAR Teacher; and for other purposes.
HR 1039. By Representative Dempsey of the 13th:
A RESOLUTION commending Connie DeVille, the 2009 Rome City Schools Teacher of the Year; and for other purposes.

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HR 1040. By Representative Wilkinson of the 52nd:
A RESOLUTION commending the Georgia Chapter of the Alexander Graham Bell Association for the Deaf and Hard of Hearing and recognizing May as "Better Hearing and Speech Month"; and for other purposes.
HR 1041. By Representatives Burns of the 157th and McCall of the 30th:
A RESOLUTION recognizing and commending the Osal Evans Pathway Center; and for other purposes.
HR 1042. By Representatives Reece of the 11th, Crawford of the 16th, Dempsey of the 13th and Talton of the 145th:
A RESOLUTION recognizing and commending Mrs. Lucy Lee for her outstanding contributions to education; and for other purposes.
HR 1043. By Representatives Reece of the 11th, Crawford of the 16th, Dempsey of the 13th and Talton of the 145th:
A RESOLUTION commending Mr. Sherman Richard Lindsay; and for other purposes.
HR 1044. By Representatives Taylor of the 55th, Long of the 61st, Brooks of the 63rd and Jones of the 44th:
A RESOLUTION honoring and celebrating the 90th birthday of Mr. John Oscar Boone; and for other purposes.
HR 1045. By Representative Golick of the 34th:
A RESOLUTION recognizing and commending William MacLellen White; and for other purposes.
HR 1046. By Representative Porter of the 143rd:
A RESOLUTION commending Vicki B. Burrell, the 2009 Dublin City School System Teacher of the Year; and for other purposes.
HR 1047. By Representative Porter of the 143rd:
A RESOLUTION commending Jessica Chase, the 2009 West Laurens High School Teacher of the Year and the 2009 Laurens County Teacher of the Year; and for other purposes.

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HR 1048. By Representative Cole of the 125th:
A RESOLUTION honoring and celebrating the 70th birthday of Ms. Phyllis Barker Cunard; and for other purposes.
HR 1049. By Representative Yates of the 73rd:
A RESOLUTION recognizing and commending the 2009 Starr's Mill High School winners of the Georgia state competition of the National Economics Challenge in the David Ricardo Division; and for other purposes.
HR 1050. By Representative Scott of the 2nd:
A RESOLUTION commending Sarah Blevins, Dade County High School's 2009 STAR Student, and Margaret Barton, Dade County High School's 2009 STAR Teacher; and for other purposes.
HR 1051. By Representatives Scott of the 153rd and Burkhalter of the 50th:
A RESOLUTION recognizing and commending Mr. Jerry Tipton on the occasion of his retirement; and for other purposes.
HR 1052. By Representatives Collins of the 95th, Richardson of the 19th, Porter of the 143rd, Day of the 163rd, Bearden of the 68th and others:
A RESOLUTION honoring the memory of Mr. Ben Cordero and Mr. Jim Patterson; and for other purposes.
HR 1053. By Representatives Davis of the 109th, Baker of the 78th, Lunsford of the 110th, Yates of the 73rd, Mosby of the 90th and others:
A RESOLUTION recognizing and commending the Lemon family and the W.D. Lemon & Sons Funeral Home on 50 Years of dedicate service; and for other purposes.
HR 1054. By Representatives Coan of the 101st and Sheldon of the 105th:
A RESOLUTION recognizing and commending the Collins Hill High School wrestling team on winning their fourth Class AAAAA State Championship title and for other purposes.

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HR 1055. By Representative Golick of the 34th:
A RESOLUTION honoring the life and memory of Mr. Zachary Wansley; and for other purposes.
HR 1056. By Representatives Burkhalter of the 50th, Richardson of the 19th, Harbin of the 118th and Keen of the 179th:
A RESOLUTION recognizing and commending Mr. Bill Curry; and for other purposes.
HR 1057. By Representatives Morgan of the 39th, Carter of the 175th and Brooks of the 63rd:
A RESOLUTION honoring the life and memory of Mr. Booker T. Wade, Sr.; and for other purposes.
HR 1058. By Representatives Sheldon of the 105th and Porter of the 143rd:
A RESOLUTION recognizing and commending Mr. Thomas "Ted" Pooler; and for other purposes.
HR 1059. By Representative Golick of the 34th:
A RESOLUTION recognizing and commending Georgia's 2009 National School Counselor of the Year, Ms. Julie Hartline; and for other purposes.
HR 1060. By Representatives Smith of the 113th, Cheokas of the 134th, Porter of the 143rd, Smyre of the 132nd, Keen of the 179th and others:
A RESOLUTION honoring the life and memory of Griffin Boyette Bell; and for other purposes.
HR 1061. By Representative Smith of the 113th:
A RESOLUTION commending the Oconee Enterprise for 125 years of public service; and for other purposes.
HR 1062. By Representative Williams of the 165th:
A RESOLUTION honoring and celebrating the 100th birthday of Mrs. Cherrie Gaines Watkins Murrell; and for other purposes.

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HR 1063. By Representative Scott of the 2nd:
A RESOLUTION commending Trenton First Baptist Church in Dade County; and for other purposes.
HR 1064. By Representatives Dukes of the 150th, Baker of the 78th and Johnson of the 75th:
A RESOLUTION recognizing and commending Mr. David Williams, Jr.; and for other purposes.
HR 1065. By Representatives Dukes of the 150th, Rynders of the 152nd and Fullerton of the 151st:
A RESOLUTION recognizing and commending Ms. Carolyn K. Hatcher; and for other purposes.
HR 1066. By Representative Smith of the 168th:
A RESOLUTION recognizing and commending Alfredo's Italian Restaurant and owner Mr. Francisco "Perry" Alveraz; and for other purposes.
HR 1067. By Representative Epps of the 140th:
A RESOLUTION commending Mrs. Stephanie Woods Miller on her service as a legislative chief of staff during the 2009 session; and for other purposes.
HR 1068. By Representative Epps of the 140th:
A RESOLUTION commending Mr. Joseph Ressler on his service as a legislative aide; and for other purposes.
HR 1069. By Representatives Abdul-Salaam of the 74th, Talton of the 145th, Jordan of the 77th, Frazier of the 123rd, Williams of the 89th and others:
A RESOLUTION honoring the life and memory of Ms. Melvalina "Lina" D. Canion; and for other purposes.
HR 1070. By Representatives Brooks of the 63rd, Frazier of the 123rd, Bruce of the 64th, Abdul-Salaam of the 74th, Williams of the 165th and others:
A RESOLUTION honoring the memory of Ms. Viola Liuzzo and other unsung heroes; and for other purposes.

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HR 1071. By Representatives Mangham of the 94th, Abrams of the 84th, Jones of the 44th, Taylor of the 55th and Stephenson of the 92nd:
A RESOLUTION recognizing and commending Sheriff Raymond R. Bell; and for other purposes.
HR 1072. By Representatives Sinkfield of the 60th, Shipp of the 58th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd, Mosby of the 90th and others:
A RESOLUTION recognizing and commending Continental Societies, Inc., an outstanding corporate citizen; and for other purposes.
HR 1073. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Sinkfield of the 60th, Glanton of the 76th, Johnson of the 75th and others:
A RESOLUTION recognizing Mrs. Jewel C. Scott as a Notable Woman of Achievement in observance of Women's History Month; and for other purposes.
HR 1074. By Representative Crawford of the 16th:
A RESOLUTION to commemorate the occasion of attaining United States Citizenship by Krige and Caron Schabort; and for other purposes.
HR 1075. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Brooks of the 63rd, Taylor of the 55th, Baker of the 78th and others:
A RESOLUTION recognizing and commending Mr. Canton Jones; and for other purposes.
HR 1076. By Representatives Benfield of the 85th, Henson of the 87th, Drenner of the 86th, Mitchell of the 88th, Shipp of the 58th and others:
A RESOLUTION recognizing the Writers Institute of Georgia Perimeter College and its writer-in-residence, the award-winning author Mr. Jack Riggs; and for other purposes.
HR 1077. By Representative Golick of the 34th:
A RESOLUTION recognizing and commending Mr. Joe Lee Thompson; and for other purposes.

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HR 1078. By Representative Golick of the 34th:
A RESOLUTION recognizing and commending Mr. Jim Wooten on the occasion of his retirement; and for other purposes.
HR 1079. By Representatives Beasley-Teague of the 65th, Taylor of the 55th, Long of the 61st, Bruce of the 64th, Sinkfield of the 60th and others:
A RESOLUTION recognizing and commending Mr. Paul L. Howard, Jr., and Ms. Bettieanne C. Hart; and for other purposes.
HR 1080. By Representative Abdul-Salaam of the 74th:
A RESOLUTION recognizing Dr. Patricia J. Lewis as a Notable Woman of Achievement in observation of Women's History Month; and for other purposes.
HR 1081. By Representatives Taylor of the 55th, Marin of the 96th and Abrams of the 84th:
A RESOLUTION recognizing and commending United States Secretary of Labor Mrs. Hilda Solis; and for other purposes.
HR 1082. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Brooks of the 63rd and Fludd of the 66th:
A RESOLUTION commending Mr. Arby Edwards; and for other purposes.
HR 1083. By Representative Epps of the 140th:
A RESOLUTION recognizing and commending Delta Sigma Theta Sorority, Inc., and its Iota Sigma Chapter; and for other purposes.
HR 1084. By Representative Epps of the 140th:
A RESOLUTION commending the Georgia Association of Black Women Attorneys and its Macon Chapter and recognizing June 1, 2009, as Macon Chapter of the Georgia Association of Black Women Attorneys Day at the state capitol; and for other purposes.
The following message was received from the Senate through Mr. Ewing, the Secretary thereof:

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Mr. Speaker:
The Senate has passed by substitute, by the requisite constitutional majority, the following bill of the House:
HB 321. By Representatives Davis of the 109th, Rogers of the 26th and Holt of the 112th:
A BILL to be entitled an Act to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; 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:
HB 63. 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 for additional requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; 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 63
The Committee of Conference on HB 63 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 63 be adopted.
Respectfully submitted,

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FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ D. Balfour Senator, 9th District

/s/ Ehrhart Representative, 36th District

/s/ Harp Senator, 29th District

/s/ O'Neal Representative, 146th District

/s/ Chance Senator, 16th District

/s/ Dollar Representative, 45th District

A BILL

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive revision of redevelopment powers; to repeal in its entirety Chapter 44, the "Redevelopment Powers Law"; to reenact provisions regarding redevelopment; to provide for a short title; to provide for definitions; to provide for legislative purposes; to provide for redevelopment agencies; to provide for redevelopment powers and delegation thereof; to provide for redevelopment plan proposals and approved plans; to provide for creation and termination of the allocation districts; to provide for tax increment financing; to provide for redevelopment costs; to provide for tax allocation bonds and bond anticipation notes; to provide for millage rates; to provide for contractual agreements; to provide for use of funds; to provide for conflicts of interest, voidable contracts, and misconduct; to provide for comprehensive procedures, conditions, limitations, requirements, and applicability with regard to the foregoing; to place restrictions on the ability of local government authorities to issue revenue bonds and other revenue obligations that are payable from payments in lieu of property taxes; to provide for the applicability and nonapplicability of such restrictions; to provide for powers, duties, and responsibilities of each county board of tax assessors and local governments and local government authorities with respect to the foregoing; 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 repealing in its entirety Chapter 44, the "Redevelopment Powers Law."

SECTION 2. Said title is further amended by adding a new chapter to read as follows:

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"CHAPTER 44
36-44-1. This chapter shall be known and may be cited as the 'Redevelopment Powers Law.'
36-44-2. It is found and declared that economically and socially depressed areas exist within counties and municipalities of this state and that these areas contribute to or cause unemployment, limit the tax resources of counties and municipalities, and create a greater demand for governmental services and, in general, have a deleterious effect upon the public health, safety, morals, and welfare. It is, therefore, in the public interest that such areas be redeveloped to the maximum extent practicable to improve economic and social conditions therein in order to abate or eliminate such deleterious effects. To encourage such redevelopment, it is essential that the counties and municipalities of this state have additional powers to form a more effective partnership with private enterprise to overcome economic limitations that have previously impeded or prohibited redevelopment of such areas. It is the purpose of this chapter, therefore, to grant such additional powers to the counties and municipalities of this state, and it is the intention of the General Assembly that this chapter be liberally construed to carry out such purpose.
36-44-3. As used in this chapter, the term:
(1) 'Ad valorem property taxes' means all ad valorem property taxes levied by each political subdivision and each county and independent board of education consenting to the inclusion of that board of education's property taxes as being applicable to a tax allocation district as provided by Code Section 36-44-9, except:
(A) Those ad valorem property taxes levied to repay bonded indebtedness; (B) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on personal property or on motor vehicles; and (C) Unless otherwise provided in the resolution creating such district, those ad valorem property taxes levied on the assessed value of property owned by public utilities and railroad companies, as determined pursuant to the provisions of Chapter 5 of Title 48. (2) 'Area of operation' means, in the case of a municipality or its redevelopment agency, the territory lying within the corporate limits of such municipality; in the case of a county or its redevelopment agency, the territory lying within the unincorporated area of the county; and, in the case of a consolidated government or its redevelopment agency, the area lying within the territorial boundaries of the consolidated government. 'Area of operation' may also mean the combined areas of operation of political subdivisions which participate in the creation of a common redevelopment agency to serve such participating political subdivisions as provided in subsection (d) of Code Section 36-44-4.

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(3) 'Local legislative body' means the official or body in which the legislative powers of a political subdivision are vested. (4) 'Political subdivision' means any county, municipality, or consolidated government of this state. (5) 'Redevelopment' means any activity, project, or service necessary or incidental to achieving the development or revitalization of a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan or the preservation or improvement of historical or natural assets within a redevelopment area or a portion thereof designated for redevelopment by a redevelopment plan. Without limiting the generality of the foregoing, redevelopment may include any one or more of the following:
(A) The construction of any building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (B) The renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of any existing building or other facility for use in any business, commercial, industrial, governmental, educational, charitable, or social activity; (C) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public or private housing; (D) The construction, reconstruction, renovation, rehabilitation, remodeling, repair, demolition, alteration, or expansion of public works or other public facilities necessary or incidental to the provision of governmental services; (E) The identification, preservation, renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or restoration of buildings or sites which are of historical significance; (F) The preservation, protection, renovation, rehabilitation, restoration, alteration, improvement, maintenance, and creation of open spaces, green spaces, or recreational facilities; (G) The construction, installation, preservation, renovation, rehabilitation, reconstruction, restoration, alteration, improvement, and maintenance of public art and arts and cultural facilities; (H) The development, construction, reconstruction, repair, demolition, alteration, or expansion of structures, equipment, and facilities for mass transit; (I) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of telecommunication infrastructure; (J) The development, construction, reconstruction, renovation, rehabilitation, repair, demolition, alteration, or expansion of facilities for the improvement of pedestrian access and safety; (K) Improving or increasing the value of property; and (L) The acquisition and retention or acquisition and disposition of property for redevelopment purposes or the use for redevelopment purposes of property already owned by a political subdivision or any agency or instrumentality thereof.

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(6) 'Redevelopment agency' means the local legislative body of a political subdivision or a public body corporate and politic created as the redevelopment agency of the political subdivision or an existing public body corporate and politic designated as the redevelopment agency of the political subdivision pursuant to Code Section 36-44-4. (7) 'Redevelopment area' means an urbanized area as determined by current data from the U. S. Bureau of the Census or an area presently served by sewer that qualifies as a 'blighted or distressed area,' a 'deteriorating area,' or an 'area with inadequate infrastructure,' as follows:
(A) A 'blighted or distressed area' is an area that is experiencing one or more conditions of blight as evidenced by:
(i) The presence of structures, buildings, or improvements that by reason of dilapidation; deterioration; age; obsolescence; inadequate provision for ventilation, light, air, sanitation, or open space; overcrowding; conditions which endanger life or property by fire or other causes; or any combination of such factors, are conducive to ill heath, transmission of disease, infant mortality, high unemployment, juvenile delinquency, or crime and are detrimental to the public health, safety, morals, or welfare; (ii) The presence of a predominant number of substandard, vacant, deteriorated, or deteriorating structures; the predominance of a defective or inadequate street layout or transportation facilities; or faulty lot layout in relation to size, accessibility, or usefulness; (iii) Evidence of pervasive poverty, defined as being greater than 10 percent of the population in the area as determined by current data from the U.S. Bureau of the Census, and an unemployment rate that is 10 percent higher than the state average; (iv) Adverse effects of airport or transportation related noise or environmental contamination or degradation or other adverse environmental factors that the political subdivision has determined to be impairing the redevelopment of the area; or (v) The existence of conditions through any combination of the foregoing that substantially impair the sound growth of the community and retard the provision of housing accommodations or employment opportunities; (B) A 'deteriorating area' is an area that is experiencing physical or economic decline or stagnation as evidenced by two or more of the following: (i) The presence of a substantial number of structures or buildings that are 40 years old or older and have no historic significance; (ii) High commercial or residential vacancies compared to the political subdivision as a whole; (iii) The predominance of structures or buildings of relatively low value compared to the value of structures or buildings in the surrounding vicinity or significantly slower growth in the property tax digest than is occurring in the political subdivision as a whole;

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(iv) Declining or stagnant rents or sales prices compared to the political subdivision as a whole; (v) In areas where housing exists at present or is determined by the political subdivision to be appropriate after redevelopment, there exists a shortage of safe, decent housing that is not substandard and that is affordable for persons of low and moderate income; or (vi) Deteriorating or inadequate utility, transportation, or transit infrastructure; and (C) An 'area with inadequate infrastructure' means an area characterized by: (i) Deteriorating or inadequate parking, roadways, bridges, pedestrian access, or public transportation or transit facilities incapable of handling the volume of traffic into or through the area, either at present or following redevelopment; or (ii) Deteriorating or inadequate utility infrastructure either at present or following redevelopment. (8) 'Redevelopment costs' means any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred to achieve the redevelopment of a redevelopment area or any portion thereof designated by a redevelopment plan or any expenditures made to carry out or exercise any powers granted by this chapter. Without limiting the generality of the foregoing, redevelopment costs may include any one or more of the following: (A) Capital costs, including the costs incurred or estimated to be incurred for the construction of public works or improvements, new buildings, structures, and fixtures, including facilities owned or operated by school districts and systems; the renovation, rehabilitation, reconstruction, remodeling, repair, demolition, alteration, or expansion of existing buildings, structures, and fixtures, including facilities owned or operated by school districts and systems; the acquisition of equipment; and the clearing and grading of land; (B) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued under this chapter occurring during the estimated period of construction of any project with respect to which any capital costs within the meaning of subparagraph (A) of this paragraph are financed in whole or in part by such obligations and for a period not to exceed 42 months after completion of any such construction and including reasonable reserves related thereto and all principal and interest paid to holders of evidences of indebtedness issued to pay for other redevelopment costs and any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity; (C) Professional service costs, including those costs incurred for architectural, planning, engineering, financial, marketing, and legal advice and services; (D) Imputed administrative costs, including reasonable charges for the time spent by public employees in connection with the implementation of a redevelopment plan;

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(E) Relocation costs as authorized by a redevelopment plan for persons or businesses displaced by the implementation of a redevelopment plan, including but not limited to, those relocation payments made following condemnation under Chapter 4 of Title 22, 'The Georgia Relocation Assistance and Land Acquisition Policy Act'; (F) Organizational costs, including the costs of conducting environmental impact and other studies, and the costs of informing the public with respect to the creation and implementation of redevelopment plans; (G) Payments to a political subdivision or board of education in lieu of taxes to compensate for any loss of tax revenues or for any capital costs incurred because of redevelopment activity; provided, however, that any such payments to a political subdivision or board of education shall not exceed in any year the amount of the contribution to the tax allocation increment in that year by such political subdivision or board of education; and (H) Real property assembly costs. (9) 'Redevelopment plan' means a written plan of redevelopment for a redevelopment area or a designated portion thereof which: (A) Specifies the boundaries of the proposed redevelopment area; (B) Explains the grounds for a finding by the local legislative body that the redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or that the redevelopment area includes one or more natural, historical, or cultural assets which have not been adequately preserved, protected, or improved and such asset or assets would not reasonably be anticipated to be adequately preserved, protected, or improved without the approval of the redevelopment plan; (C) Explains the proposed uses after redevelopment of real property within the redevelopment area; (D) Describes any redevelopment projects within the redevelopment area proposed to be authorized by the redevelopment plan, estimates the cost thereof, and explains the proposed method of financing such projects; (E) Describes any contracts, agreements, or other instruments creating an obligation for more than one year which are proposed to be entered into by the political subdivision or its redevelopment agency or both for the purpose of implementing the redevelopment plan; (F) Describes the type of relocation payments proposed to be authorized by the redevelopment plan; (G) Includes a statement that the proposed redevelopment plan conforms with the local comprehensive plan, master plan, zoning ordinance, and building codes of the political subdivision or explains any exceptions thereto; (H) Estimates redevelopment costs to be incurred or made during the course of implementing the redevelopment plan;

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(I) Recites the last known assessed valuation of the redevelopment area and the estimated assessed valuation after redevelopment; (J) Provides that property which is to be redeveloped under the plan and which is either designated as a historic property under Article 2 of Chapter 10 of Title 44, the 'Georgia Historic Preservation Act,' or is listed on or has been determined by any federal agency to be eligible for listing on the National Register of Historic Places will not be:
(i) Substantially altered in any way inconsistent with technical standards for rehabilitation; or (ii) Demolished unless feasibility for reuse has been evaluated based on technical standards for the review of historic preservation projects, which technical standards for rehabilitation and review shall be those used by the state historic preservation officer, although nothing in this subparagraph shall be construed to require approval of a redevelopment plan or any part thereof by the state historic preservation officer; (K) Specifies the proposed effective date for the creation of the tax allocation district and the proposed termination date; (L) Contains a map specifying the boundaries of the proposed tax allocation district and showing existing uses and conditions of real property in the proposed tax allocation district; (M) Specifies the estimated tax allocation increment base of the proposed tax allocation district; (N) Specifies ad valorem property taxes for computing tax allocation increments determined in accordance with Code Section 36-44-9 and supported by any resolution required under paragraph (3) of Code Section 36-44-8; (O) Specifies the amount of the proposed tax allocation bond issue or issues and the term and assumed rate of interest applicable thereto; (P) Estimates positive tax allocation increments for the period covered by the term of the proposed tax allocation bonds; (Q) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, subject to the limitations of Code Sections 36-44-9 and 36-44-20; (R) If the plan proposes to include in the tax allocation increment ad valorem taxes levied by a board of education, the plan shall contain a school system impact analysis addressing the financial and operational impact on the school system of the proposed redevelopment, including but not limited to an estimate of the number of net new public school students that could be anticipated as redevelopment occurs; the location of school facilities within the proposed redevelopment area; an estimate of educational special purpose local option sales taxes projected to be generated by the proposed redevelopment, if any; and a projection of the average value of

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residential properties resulting from redevelopment compared to current property values in the redevelopment area; and (S) Includes such other information as may be required by resolution of the political subdivision whose area of operation includes the proposed redevelopment area. (10) 'Resolution' means a resolution or ordinance by which a local legislative body takes official legislative action, and any duly-adopted amendment thereto. (11) 'Special fund' means the fund provided for in subsection (c) of Code Section 3644-11. (12) 'Tax allocation bonds' means one or more series of bonds, notes, or other obligations issued by a political subdivision to finance, wholly or partly, redevelopment costs within a tax allocation district and which are issued on the basis of pledging for the payment or security for payment of such bonds positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20. Tax allocation bonds shall not constitute debt within the meaning of Article IX, Section V of the Constitution. (13) 'Tax allocation district' means a contiguous geographic area within a redevelopment area which is defined and created by resolution of the local legislative body of a political subdivision pursuant to subparagraph (B) of paragraph (3) of Code Section 36-44-8 for the purpose of issuing tax allocation bonds to finance, wholly or partly, redevelopment costs within the area. (14) 'Tax allocation increment' means that amount obtained by multiplying the total ad valorem property taxes, determined as provided in Code Section 36-44-9, levied within a tax allocation district in any year by a fraction having a numerator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district minus the tax allocation increment base and a denominator equal to that year's taxable value of all taxable property subject to ad valorem property taxes within the tax allocation district. In any year, a tax allocation increment is 'positive' if the tax allocation increment base is less than that year's taxable value of all taxable property subject to ad valorem property taxes and 'negative' if such base exceeds such taxable value. (15) 'Tax allocation increment base' means the taxable value of all taxable property subject to ad valorem property taxes, as certified by the state revenue commissioner, located within a tax allocation district on the effective date such district is created pursuant to Code Section 36-44-8. (16) 'Taxable property' means all real and personal property subject to ad valorem taxation by a political subdivision, including property subject to local ad valorem taxation for educational purposes. (17) 'Taxable value' means the current assessed value of taxable property as shown on the tax digest of the county in which the property is located.

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36-44-4. (a) As an alternative to the creation of a redevelopment agency provided for by subsections (b) through (f) of this Code section, the local legislative body of a political subdivision, by resolution, may designate itself as its respective redevelopment agency and may exercise, within its respective area of operation, the redevelopment powers provided by this chapter. (b) The local legislative body of a political subdivision may create a public body corporate and politic to serve as its redevelopment agency. Any such public corporation may be created by resolution adopted by the local legislative body of the political subdivision. Such resolution may provide for the membership of the board of directors of such public corporation and their terms of office, for the powers and duties of such public corporation, and for such other matters as may reasonably be necessary and convenient for the creation and activation of such public corporation as the redevelopment agency of the political subdivision. (c) In the event a political subdivision has activated a public corporation as its 'urban redevelopment agency' or designated a housing authority as its 'urban redevelopment agency' pursuant to Code Sections 36-61-17 and 36-61-18 of the 'Urban Redevelopment Law,' the local legislative body of such political subdivision may designate such public corporation as its redevelopment agency for the purposes of this chapter. Any action taken pursuant to the authority of this subsection shall be by resolution duly adopted by the local legislative body of the political subdivision. (d) Any county, municipality, and consolidated government, or any combination of such political subdivisions, by resolution of their respective local legislative bodies, may jointly create a public corporation, or designate an existing public corporation which already exercises 'redevelopment powers' under any other law, to serve as the common redevelopment agency on behalf of such political subdivisions. The membership of the board of directors and their terms of office of any such jointly created public corporation and the powers and duties of such public corporation shall be as mutually agreed upon by the local legislative bodies of the participating political subdivisions, as evidenced by a resolution duly adopted by each such local legislative body. In the event a public corporation is created or designated, as authorized in this Code section, to serve as the common redevelopment agency of two or more political subdivisions, then the area of operation of such redevelopment agency shall be the combined areas of operation of the political subdivisions jointly creating or designating such redevelopment agency. (e) A political subdivision may participate in the creation or designation of a public corporation to serve as a common redevelopment agency as provided by subsection (d) of this Code section as well as create or designate a public corporation to serve as the redevelopment agency of the political subdivision. In such event, the members of the board of directors of the public corporation created or designated as the redevelopment agency of the political subdivision may also serve, in accordance with the provisions of the resolution of the local legislative body of the political subdivision participating in

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the creation or designation of a public corporation to serve as a common redevelopment agency, as members of the board of directors of the jointly created public corporation. (f) For purposes of redevelopment in its downtown area, any municipality may designate a downtown development authority created pursuant to Chapter 42 of this title to serve as a redevelopment agency. Such designation shall not affect any other redevelopment agency that may exist as a part of the municipality. The area of operation of any downtown development agency designated as a redevelopment agency pursuant to this subsection shall not exceed the area of operation of the downtown development authority established pursuant to Chapter 42 of this title.
36-44-5. (a) Subject to the limitation of subsection (b) of this Code section, a political subdivision may exercise any powers necessary or convenient to carry out the purposes of this chapter, including, but not limited to, the power to:
(1) Describe the boundaries of one or more redevelopment areas within its area of operation, but any redevelopment area so described shall conform to the definition of a redevelopment area provided by paragraph (7) of Code Section 36-44-3; (2) Cause redevelopment plans to be prepared, to approve by resolution the plans, and to implement the provisions and effectuate the purposes of the plans; (3) Create within redevelopment areas tax allocation districts and define the boundaries thereof or designate an entire redevelopment area as a tax allocation district; (4) Define the boundaries of portions of a redevelopment area or an entire redevelopment area for the implementation of redevelopment plans other than plans calling for the creation of tax allocation districts; (5) Issue tax allocation bonds; (6) Deposit moneys into and disburse moneys from the special fund of any tax allocation district; (7) Enter into and execute any contracts, leases, mortgages, or other agreements, including agreements with bondholders or lenders, determined by the local legislative body to be necessary or convenient to implement the provisions and effectuate the purposes of redevelopment plans. The contracts or agreements may include conditions, restrictions, or covenants which either run with the land or otherwise regulate the use of land; (8) Acquire and retain or acquire and dispose of property or interests therein for redevelopment purposes or use or dispose of property or interests therein presently owned by the political subdivision for redevelopment purposes; and any disposition of such property or interests therein may be by public or private sale or lease; and (9) Exercise, for the purposes of this chapter, any powers conferred upon political subdivisions by Chapter 61 of this title, the 'Urban Redevelopment Law.' (b) The powers granted to political subdivisions by subsection (a) of this Code section and by this chapter and any powers delegated to a redevelopment agency pursuant to Code Section 36-44-6 may be exercised only for the purpose of adopting and

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implementing redevelopment plans, but this limitation shall not be construed to interfere with the exercise of any power now or hereafter possessed by a political subdivision which is granted by any other law.
36-44-6. (a) Subject to the limitations of subsection (b) of this Code section, the local legislative body of a political subdivision, by resolution, may delegate any of its redevelopment powers to its redevelopment agency created or designated pursuant to Code Section 3644-4. The local legislative body shall have authority to delegate some or all such powers in such manner and pursuant to such terms and conditions as the local legislative body shall provide by resolution. Any such resolution shall specify any powers delegated to a redevelopment agency, and such resolution may be amended, modified, or repealed by the local legislative body adopting it. (b) Any delegation of redevelopment powers pursuant to the authority of subsection (a) of this Code section shall be limited by the following requirements:
(1) Any redevelopment plan must be approved by resolution of the local legislative body of the political subdivision as a condition precedent to the implementation of said redevelopment plan, and such approval shall be subject to the requirements of Code Section 36-44-7; (2) The boundaries of any redevelopment area must be described by resolution of the local legislative body of the political subdivision; (3) A tax allocation district must be created by resolution of the local legislative body of the political subdivision; (4) The issuance of any tax allocation bonds shall be by resolution of the local legislative body of the political subdivision; (5) The power of eminent domain may only be exercised under this chapter by the local legislative body of a political subdivision; and (6) A local legislative body may not delegate to a redevelopment agency created under subsection (b), (c), (d), or (e) of Code Section 36-44-4 any urban redevelopment project powers except those which may be conferred on an urban redevelopment agency under Code Section 36-61-17 of the 'Urban Redevelopment Law.'
36-44-7. (a) A redevelopment plan may be proposed by the redevelopment agency of a political subdivision, but such plan may not be implemented until it is approved by the adoption of a resolution of the local legislative body of the political subdivision as provided in this chapter. (b) When a proposed redevelopment plan is prepared, it shall be submitted by the redevelopment agency to the local legislative body. Within the 60 day period after the plan is submitted, the local legislative body shall hold at least one public hearing on the proposed redevelopment plan. The local legislative body shall cause the time, date, place, and purpose of each such public hearing to be advertised in one or more

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newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of each public hearing. (c) Within 45 days after completing the public hearings required by subsection (b) of this Code section, the local legislative body of the political subdivision shall schedule and hold a meeting of the local legislative body for the purpose of considering the approval of the redevelopment plan. The local legislative body shall cause the date, time, place, and purpose of such meeting to be advertised in one or more newspapers of general circulation within the area of operation of the political subdivision at least once during a period of five days immediately preceding the date of such meeting. At such meeting the redevelopment plan shall be approved as submitted, amended and approved, or rejected and returned to the redevelopment agency for further consideration. Any redevelopment plan rejected by the local legislative body shall be returned to the redevelopment agency and shall be subject to the public hearing requirements of subsection (b) of this Code section if it is again submitted to the local legislative body for approval, either in the same or amended form. (d) Once approved by the local legislative body, a redevelopment plan may be amended only by the local legislative body of the political subdivision. The local legislative body shall cause the date, time, place, and purpose of any meeting of the local legislative body at which an amendment to a redevelopment plan is to be considered to be advertised in the same manner as prescribed by subsection (c) of this Code section for a meeting to consider the adoption of a redevelopment plan.
36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem property taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or if the plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general funds of a county required to consent to such inclusion under Code Section 36-44-9; (2) Submission of the redevelopment plan to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes;

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(B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,' followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies ad valorem property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that:
(i) The redevelopment area on the whole has not been subject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural, historical, or cultural assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved, protected, or improved without the approval of the redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion of the other real property in the district. If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information; and (4) A certified copy of any resolution giving the consent required under paragraph (1) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to inclusion of such ad valorem property taxes or general funds in calculation of the tax allocation increment.
36-44-9. (a) When a tax allocation district is created within the area of operation of a municipality by the local legislative body of such municipality, property taxes for computing tax allocation increments shall be based on all ad valorem property taxes levied by the municipality. If the municipality has an independent school system, ad valorem property taxes levied for educational purposes by the municipality shall be included in computing the tax allocation increments if the local legislative body of the municipality is empowered to make the determination of the municipal ad valorem tax

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millage rate for educational purposes. If the board of education of the independent school system is empowered to set the ad valorem tax millage rate for educational purposes and the local legislative body of the municipality does not have the authority to modify such rate set by the board of education, the tax allocation increment shall not be computed on the basis of municipal taxes for educational purposes unless the board of education of the independent school system consents, by resolution duly adopted by said board of education, to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments. (b) County ad valorem property taxes may be included in the computation of tax allocation increments of a municipal tax allocation district if the local legislative body of the county consents to such inclusion by resolution duly adopted by said local legislative body. For those municipalities which do not have an independent school system, ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments of a municipal tax allocation district if the county board of education or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (c) When a tax allocation district is created within the area of operation of a county by the local legislative body of the county, property taxes for computing tax allocation increments shall be based on all county ad valorem property taxes levied for county governmental purposes. Ad valorem property taxes levied for county school district purposes may be included in the computation of tax allocation increments for a county tax allocation district if the board of education of the county school district or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (d) When a tax allocation district is created within the area of operation of a consolidated government by the local legislative body of the consolidated government, property taxes for computing tax allocation increments shall be based on all consolidated government ad valorem property taxes levied for consolidated government purposes. Ad valorem property taxes levied for school district purposes within the boundaries of the consolidated government may be included in the computation of tax allocation increments for a consolidated government tax allocation district if the board of education of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational purposes within the school district, consents to such inclusion by resolution duly adopted by said board of education or local legislative body, respectively. (e) The resolution of any county, municipality, consolidated government or board of education consenting to the inclusion of ad valorem property taxes in the computation of tax increments shall not specify the inclusion of any ad valorem property taxes not specified in the resolution creating the tax allocation district.

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(f) A county may pledge all or part of county general funds derived from a municipal tax allocation district for payment or security of payment of tax allocation bonds issued by the municipality and for payment of other redevelopment costs of the tax allocation district if the local legislative body of the county consents to the use of such general funds by resolution duly adopted by said local legislative body. (g) Any consent by a local board of education to the inclusion of educational ad valorem property taxes as a basis for computing tax allocation increments and any authorization to use such funds for such purposes that was approved before January 1, 2009, and not rescinded or repealed prior to the effective date of this Code section is ratified and confirmed pursuant to the authority granted by Article IX, Section II, Paragraph VII of the Constitution, as amended by a resolution ratified at the November, 2008 general election, Ga. L. 2008, p. 777, to authorize the use of county, municipal, and school tax funds, or any combination thereof, for redevelopment purposes and programs notwithstanding Article VIII, Section VI or any other provision of the 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 or after January 1, 2009.
36-44-10. (a) No later than the effective date of the creation of the tax allocation district, the redevelopment agency shall apply, in writing, to the state revenue commissioner for a determination of the tax allocation increment base of the tax allocation district. Within a reasonable time, and not exceeding 60 days after the effective date of the creation of the tax allocation district, the state revenue commissioner shall certify such tax allocation increment base, as of the effective date of the creation of the tax allocation district, to the redevelopment agency, and such certification, unless amended pursuant to subsection (b) of this Code section, shall constitute the tax allocation increment base of the tax allocation district. (b) If the local legislative body of a political subdivision adopts an amendment to the resolution which created a tax allocation district and such amendment changes the boundaries of that tax allocation district so as to cause additional redevelopment costs for which tax allocation increments may be received by the political subdivision, the tax allocation increment base for the revised or amended district shall be redetermined pursuant to subsection (a) of this Code section as of the effective date of such amendment. The tax allocation increment base as redetermined under this subsection is effective for the purposes of this chapter only if it exceeds the original tax allocation increment base determined under subsection (a) of this Code section. (c) It is a rebuttable presumption that any property within a tax allocation district acquired or leased as lessee by the political subdivision, or any agency or instrumentality thereof, within one year immediately preceding the date of the creation of the district was so acquired or leased in contemplation of the creation of the district. The presumption may be rebutted by the political subdivision with proof that the property was so leased or acquired primarily for a purpose other than to reduce the tax

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allocation increment base. If the presumption is not rebutted, in determining the tax allocation increment base of the district, but for no other purpose, the taxable status of the property shall be determined as though such lease or acquisition had not occurred. (d) For each political subdivision whose area of operation includes a tax allocation district, the county board of tax assessors, joint city-county board of tax assessors, or board of tax assessors for a consolidated government, as the case may be, shall identify upon the tax digests of the political subdivision those parcels of property which are within each existing tax allocation district, specifying the name of each district. A similar notation shall appear on tax digests submitted to the state revenue commissioner pursuant to Code Section 48-5-302, relative to the submission of tax digests to the state revenue commissioner. (e) The county board of tax assessors, joint city-county board of tax assessors, or consolidated government board of tax assessors shall annually give notice to the county tax collector or tax commissioner and to the municipal official responsible for collecting municipal ad valorem property taxes as to both the current taxable value of property subject to ad valorem property taxes within each tax allocation district and the tax allocation increment base. The notice shall also explain that any taxes collected as a result of increases in the tax allocation increment base constitute tax allocation increments and shall be paid to the appropriate political subdivision as provided by subsection (b) of Code Section 36-44-11.
36-44-11. (a) Positive tax allocation increments of a tax allocation district shall be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders. General funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall also be allocated to the political subdivision which created the district for each year from the effective date of the creation of the district until that time when all redevelopment costs and all tax allocation bonds have been paid or provided for, subject to any agreement with bondholders.
(b)(1) Each county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated government official responsible for collecting consolidated government ad valorem property taxes shall, on the dates provided by law for the payment of taxes collected to the respective political subdivisions, pay over to the appropriate fiscal officer of each political subdivision having created a tax allocation district, out of taxes collected on behalf of such political subdivision, including but not limited to taxes collected for a political subdivision or board of education consenting, pursuant to Code Section 36-44-9, to inclusion of its ad valorem property taxes in the computation of tax allocation

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increments for that tax allocation district, that portion, if any, which represents positive tax allocation increments payable to such political subdivision. (2) In addition, each county shall, upon receipt, pay over to the appropriate fiscal officer of each municipality having created a tax allocation district that portion, if any, of its general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and for payment of other redevelopment costs of the tax allocation district pursuant to Code Section 36-44-9. (c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or other contract payments made under the district's redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated government, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in proportion to the aggregate contribution of such taxes by such political subdivision less aggregate payments to such political subdivision pursuant to subparagraph (G) of paragraph (8) of Code Section 36-44-3 and in the same manner as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated

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government official responsible for collecting consolidated government ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund.
36-44-12. The existence of a tax allocation district shall terminate when the local legislative body, by resolution, dissolves the district, but no such resolution may be adopted until all redevelopment costs have been paid.
36-44-13. Payment of redevelopment costs may be made by any of the following methods or any combination thereof:
(1) Payment by the political subdivision from the special fund of the tax allocation district; (2) Payment from the general funds of a political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; (3) Payment out of the proceeds of the sale of revenue bonds issued by the political subdivision pursuant to Chapter 61 of this title, the 'Urban Redevelopment Law,' and revenue bonds may be issued under such law for redevelopment purposes within the meaning of this chapter; (4) Payment out of the proceeds of the sale of tax allocation bonds issued by the political subdivision under this chapter; (5) Payment from the proceeds from any loans made to a political subdivision pursuant to the authority of Code Section 36-44-16; and (6) Lease payments and other payments pursuant to contracts under a redevelopment plan.
36-44-14. (a) Only for the purpose of paying redevelopment costs for a tax allocation district created under this chapter, the local legislative body may issue tax allocation bonds. Tax allocation bonds are declared to be negotiable instruments. Tax allocation bonds issued under the provisions of this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. (b) All tax allocation bonds, notes, and other obligations shall be authorized by resolution of the local legislative body, adopted by a majority vote of the members thereof at a regular or special meeting and without the necessity of a referendum or any electoral approval. The resolution shall state the name of the tax allocation district and the aggregate principal amount of the tax allocation bonds authorized. (c) Tax allocation bonds, notes, or other obligations issued by a local legislative body under this chapter shall be payable solely from the property pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such

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bonds, notes, or other obligations, which property shall be limited to real or personal property acquired pursuant to this chapter and the proceeds from any source from which redevelopment costs may be paid under Code Section 36-44-13, but subject to the limitations of Code Sections 36-44-9 and 36-44-20. Each such bond, note, or other obligation shall contain recitals as are necessary to show that it is only so payable and that it does not otherwise constitute an indebtedness or a charge against the general taxing power of the political subdivision or county or independent board of education consenting to the use of property taxes as a basis for computing tax allocation increments or consenting to the use of general funds derived from the tax allocation district. (d) To increase the security and marketability of tax allocation bonds, notes, or other obligations, a local legislative body may:
(1) Create a lien for the benefit of the bondholders upon any public improvements or public works financed thereby or the revenues therefrom; and (2) Make covenants and do any and all acts not inconsistent with the Constitution or this chapter as may be necessary or convenient or desirable in order additionally to secure tax allocation bonds, notes, or other obligations or tend to make them more marketable according to the best judgment of the local legislative body. (e) Tax allocation bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 30 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, 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 local legislative body authorizing the issuance of such tax allocation bonds, notes, or other obligations shall bind the members of the local legislative body then in office and their successors. (f) The local legislative body shall have power from time to time and whenever it deems it expedient to refund any tax allocation bonds by the issuance of new tax allocation bonds, whether or not the bonds to be refunded have matured, and may issue such bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this chapter. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold at such price as the local legislative body may determine and the proceeds applied to the purchase or redemption of the bonds to be refunded. (g) Tax allocation bonds may not be issued in an amount exceeding the estimated aggregated redevelopment costs for the tax allocation district. Any limitations with respect to interest rates or any maximum interest rate or rates found in Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' the usury laws of this state, or any other laws of this state shall not apply to tax allocation bonds, notes, or other obligations of a local legislative body.

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(h) All tax allocation bonds issued by a local legislative body under this chapter shall be issued and validated under and in accordance with Article 3 of Chapter 82 of this title, the 'Revenue Bond Law,' except as provided in this chapter. (i) Tax allocation bonds issued by a local legislative body may be in such form 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. (j) Tax allocation bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the county in which the issuing local legislative body is located 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. (k) In lieu of specifying the rate or rates of interest which tax allocation bonds to be issued by a local legislative body are to bear, the notice to the district attorney or the 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 rate may be fixed or may fluctuate or otherwise change from time to time, 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 so specified, which rate may be fixed or may fluctuate or otherwise change from time to time; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of a local legislative body to sell such tax allocation bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (l) The term 'redevelopment costs' shall have the meaning prescribed in this chapter whenever that term is referred to in tax allocation bond resolutions of a local legislative body, in tax allocation bonds, notes, or other obligations of a local legislative body, or in notices or proceedings to validate such bonds, notes, or other obligations of a local legislative body. (m) Subject to the limitations and procedures provided by this chapter, the agreements or instruments executed by a local legislative body may contain such provisions not inconsistent with law as shall be determined by the local legislative body. (n) The proceeds derived from the sale of all tax allocation bonds, notes, and other obligations issued by a local legislative body shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this chapter, redevelopment costs or for the purpose of refunding any tax allocation bonds, notes, or other obligations issued in accordance with this chapter. (o) Issuance by a local legislative body of one or more series of tax allocation bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other tax allocation bonds, notes, or other obligations in connection with the same

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redevelopment plan or with any other redevelopment plan; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the local legislative body to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. Once the political subdivision certifies by resolution that all tax allocation bonds contemplated by the redevelopment plan and all amendments thereto have been issued and all other redevelopment costs within a tax allocation district have been paid, all positive tax allocation increments collected within a tax allocation district shall be used to retire outstanding tax allocation bonds prior to their stated maturities, subject to any agreements made by the political subdivision with bondholders. (p) A local legislative body shall have the power and is authorized, whenever tax allocation bonds of the local legislative body shall have been validated as provided in this chapter, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether or not the notes to be renewed have matured. The local legislative body may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the local legislative body may sell such notes at public sale or at private sale. Any resolution or resolutions authorizing such notes of the local legislative body or any issue thereof may contain any provisions which the local legislative body is authorized to include in any resolution or resolutions authorizing bonds of the local legislative body to any issue thereof; and the local legislative body may include in any such notes any terms, covenants, or conditions which the local legislative body is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
36-44-15. For the purpose of fixing the tax millage rate to fund the annual budget of each political subdivision or county or independent board of education having the power to levy taxes or set ad valorem tax millage rates on property located within a tax allocation district, which has consented to the inclusion of its ad valorem property taxes for the computation of tax allocation increments as provided in Code Section 36-44-9, the taxable value of property subject to ad valorem property taxes within a tax allocation district shall not exceed the tax allocation increment base of the district until the district is terminated. Nothing in this chapter shall be construed to freeze the ad valorem tax millage rate of any political subdivision or county or independent board of education consenting to the inclusion of its ad valorem property taxes as a basis for computing tax

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allocation increments, and any such rate may be increased or decreased at any time after the creation of a tax allocation district in the same manner and under the same authority that such rate has been previously fixed by such political subdivision or county or independent board of education.
36-44-16. As an additional source for financing redevelopment costs, a political subdivision or its redevelopment agency may borrow funds from financial institutions and, in connection therewith, may pledge or assign lease contracts or revenue received from lease contracts on property owned by the political subdivision or its redevelopment agency within a redevelopment area. A political subdivision or its redevelopment agency is authorized to enter into contracts with financial institutions for the purpose of exercising the authority provided by this Code section, and such contracts may obligate the political subdivision or its redevelopment agency for any number of years not exceeding 25. Contractual obligations incurred by a political subdivision pursuant to this Code section shall not constitute debt within the meaning of Article IX, Section V of the Constitution.
36-44-17. No political subdivision may create a tax allocation district when the total current taxable value of property subject to ad valorem property taxes within the proposed district plus the total current taxable value of property subject to ad valorem property taxes within all its existing tax allocation districts exceeds 10 percent of the total current taxable value of all taxable property located within the area of operation of the political subdivision.
36-44-18. It is specifically provided that Code Section 36-61-16 of the 'Urban Redevelopment Law,' which Code section provides for cooperation among public bodies for redevelopment purposes under said law, shall be applicable to the exercise of redevelopment powers provided by this chapter.
36-44-19. A political subdivision may enter into any contract relating to the exercise of its redevelopment powers under this chapter with any private persons, firms, corporations, or business entities for any period not exceeding 30 years. Such contracts may include, without being limited to, contracts to convey or otherwise obligate real property for redevelopment under this chapter although that property has not yet been acquired at the time of contracting by the county or municipality.
36-44-20. (a) Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general

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funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the extent that positive tax increments or lease or other contract payments in that district's special fund are insufficient at any time to pay principal and interest due on such bonds. (b) The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the district's special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan.
36-44-21. (a) No elected or appointed official or employee of a political subdivision or a board, commission, or redevelopment agency thereof shall voluntarily acquire any interest, direct or indirect, in any property included or planned to be included in a redevelopment area, or in any contract or transaction or proposed contract or transaction in connection with the redevelopment of that redevelopment area. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body. Any such elected or appointed official or employee who, within two years immediately prior to the date the plan is submitted to a local legislative body under subsection (b) of Code Section 36-44-7, acquires ownership or control of any interest, direct or indirect, in any property which is included in the redevelopment area designated in that plan and who retains that ownership or control at the time that such plan is so submitted shall, at least 30 days prior to the date scheduled for the local legislative body to adopt the plan, disclose the interest in writing to the local legislative body and such disclosure shall be entered upon the minutes of the local legislative body, and that person shall not participate in any action by the political subdivision, board, commission, or redevelopment agency thereof which affects that property. Any disclosure required to be made by this subsection shall concurrently be made to the redevelopment agency. (b) Any contract or transaction in violation of subsection (a) of this Code section or disclosure of which is not made as provided in that subsection (a) shall be voidable by the local legislative body. This subsection shall not apply to any indenture, agreement, contract, or transaction which constitutes security, direct or indirect, for payment of bonds or other obligations incurred pursuant to a redevelopment plan, and the judgment and order confirming and validating any such bonds or other obligations shall constitute a final and conclusive adjudication as to any such security. (c) Failure by an official or employee to comply with subsection (a) of this Code section shall constitute misconduct in office.

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36-44-22. Redevelopment powers under this chapter may not be exercised by any political subdivision unless so authorized by a local law relating thereto, which local law may limit but may not expand those redevelopment powers established by this chapter as to the local political subdivision to which the local law is applicable. Such local law, and all amendments thereto, shall become effective only if approved in a special election by a majority of the qualified voters voting of each political subdivision directly affected, which special election shall be held as provided in that local law, but in conformity with the requirements for special elections pursuant to Title 21.
36-44-23. The powers provided by this chapter are intended by the General Assembly to be cumulative and supplemental to any powers heretofore provided by law for counties, municipalities, and consolidated governments of this state and not in lieu of any such heretofore existing powers."
SECTION 3. Said title is further amended in Chapter 80, relating to general provisions regarding counties, municipalities, and other governmental entities, by adding a new Code section to read as follows:
"36-80-16.1. (a) This Code section shall be known and may be cited as the 'PILOT Restriction Act.' (b) As used in this Code section, 'payments in lieu of taxes' means payments made directly or indirectly:
(1) Primarily in consideration of the issuance of revenue bonds or other revenue obligations and the application by the issuer of such bonds or other obligations of the proceeds of such bonds or other obligations to finance all or a portion of the costs of acquiring, constructing, equipping, or installing a capital project; and (2) In further consideration of the laws of the State of Georgia granting an exemption from ad valorem taxation for such capital project, to or for the account of the issuer of revenue bonds or other revenue obligations or the public bodies whose consent would otherwise be required, in the case of the separate payments provided for under subsection (d) of this Code section. Payments in lieu of taxes shall be deemed to be payments in lieu of taxes for educational purposes in the same proportion that property taxes for educational purposes would bear to total property taxes on such capital project if the project were subject to ad valorem property taxation. The term 'payments in lieu of taxes' shall not include payments made primarily in consideration for the use or occupancy of property, including but not limited to lease payments or rent paid under a lease, regardless of whether or not the lessee or tenant holds an interest that is taxable for property tax purposes. (c)(1) No local government authority, as defined in Code Section 36-80-16, shall be authorized to issue revenue bonds or other revenue obligations to finance, in whole or in part, any capital project if the terms governing such revenue bonds or other revenue

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obligations provide for such capital project to be used primarily by a nongovernmental user or users that have no taxable property interest in any portion of such capital project and provide for such revenue bonds or other revenue obligations to be repaid, in whole or in part, through payments in lieu of taxes made by a nongovernmental user or users, unless:
(A) Each of the local governments that have property tax levying authority in the area in which such capital project is located consents by ordinance or resolution to the use of payments in lieu of taxes for such purposes; and (B) In the case of payments in lieu of taxes for educational purposes, a consent is obtained that covers the use for such purposes of such payments in accordance with subsection (d) of this Code section, except that the terms governing such revenue bonds or other revenue obligations may provide for one or more of the public bodies, whose consent would otherwise be required, instead to receive, in such capacity, separate payments in lieu of taxes at least equal to the property taxes that such public body or bodies would have received if the capital project were subject to ad valorem taxation or in such other amount or amounts as may be agreed to by such public body or bodies. (2) No such revenue bonds or other revenue obligations may be so issued without compliance with the requirements of paragraph (1) of this subsection. (d)(1) When a capital project is located within the boundaries of a municipality with an independent school system, a consent by the municipality under subparagraph (c)(1)(B) of this Code section shall cover the use of payments in lieu of taxes for educational purposes, provided that, if the board of education of the independent school system is empowered to set the ad valorem tax millage rate for educational purposes and the legislative body of the municipality does not have the authority to modify such rate set by the board of education, the requisite consent shall be that of the board of education of the independent school system rather than that of the legislative body of the municipality. (2) For those municipalities which do not have an independent school system, a consent by the municipality under subparagraph (c)(1)(B) of this Code section shall cover the use of payments in lieu of taxes for educational purposes if the county board of education or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (3) The use of payments in lieu of taxes levied for county school district purposes shall be covered by a consent under subparagraph (c)(1)(B) of this Code section if the board of education of the county school district or the local legislative body of the county, whichever is authorized to establish the ad valorem tax millage rate for educational purposes, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (4) The use of payments in lieu of taxes levied for school district purposes within the boundaries of a consolidated government shall be covered by a consent under

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subparagraph (c)(1)(B) of this Code section if the board of education of such school district or the local legislative body of the consolidated government, whichever is authorized to establish the ad valorem tax millage rate for educational purposes within the school district, consents to such coverage by resolution duly adopted by said board of education or local legislative body, as appropriate. (e) This Code section shall not affect revenue bonds or other revenue obligations which any local government authority has issued or which have been judicially validated on or before the effective date of this Code section. Each county board of tax assessors shall continue, notwithstanding this Code section, to exercise its powers and discharge its duties and is specifically authorized, without limitation, to use a method or methods of valuation for leases related to revenue bonds or other revenue obligations issued by a local government authority for a capital project or projects to be leased primarily to a nongovernmental user or users, based on assessments of the increasing interest of the nongovernmental user or users in the real or personal property, or both, over the term of the lease, or to use a simplified method or methods employing a specified percentage or specified percentages of such leasehold interests. Each local government authority that is authorized to issue revenue bonds or other revenue obligations secured by a taxable property interest, such as a taxable lease of a capital project, shall continue, notwithstanding this Code section, to exercise its powers and discharge its duties, including, in the case of development authorities, the development of trade, commerce, industry, and employment opportunities. Any local government or local government authority which directly or indirectly receives payments in lieu of taxes shall be authorized to use the same for any governmental or public purpose of such local government or local government authority."

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 Ehrhart of the 36th moved that the House adopt the report of the Committee of Conference on HB 63.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker

Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler N Day Y Dempsey Y Dickson
Dobbs

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp

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Y Barnard Y Battles
Bearden Y Beasley-Teague Y Benfield Y Benton Y Black
Brooks Y Bruce Y Bryant Y Buckner Y Burkhalter
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, D Y Collins, T Y Cooper Y Cox

Dollar Y Dooley Y Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier Y Fullerton Y Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
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 Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

On the motion, the ayes were 163, nays 3.

Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris Y Mosby Y Murphy Y Neal Y Nix Y Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake Y Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Sims, B Y Sims, C Y Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R Y Stephenson Y Talton Y Taylor Y Teilhet Y Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

SB 194. By Senators Chance of the 16th, Rogers of the 21st, Seabaugh of the 28th and Staton of the 18th:

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 state purchasing in general, so as to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

FRIDAY, APRIL 3, 2009

6323

COMMITTEE OF CONFERENCE REPORT ON SB 194

The Committee of Conference on SB 194 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 194 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Ronnie Chance Senator, 16th District

/s/ Jeff May Representative, 111th District

/s/ Bulloch Senator, 11th District

/s/ David Knight Representative, 126th District

/s/ Chip Rogers Senator, 21st District

/s/ McCall Representative, 30th District

A BILL

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to revise provisions relating to fiscal management and administration of the state; to provide that state government entities shall be exempt from local government storm-water utility charges; to revise provisions relating to benefits based funding projects in which payments to vendors depend upon the realization of specified savings or revenue gains; to change provisions relating to such projects, their required and permissible terms, and their funding; to provide for an advisory role by the Georgia Environmental Facilities Authority; to change the membership of an oversight committee; to exempt the Georgia Building Authority from certain sales and use tax; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end of Chapter 1 a new Code section to read as follows:
"50-1-9. The state and any department, agency, board, commission, or authority thereof shall be exempt from any storm-water utility charges imposed by any county, municipality, or local government authority."

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SECTION 2. Said title is further amended by revising Code Section 50-5-77, relating to benefits based funding projects, as follows:
"50-5-77. (a) As used in this Code section, the term:
(1) 'Agency' means every state department, agency, board, bureau, and commission including without limitation the Board of Regents of the University System of Georgia. (2) 'Authority' means the Georgia Environmental Facilities Authority. (2)(3) 'Benefits based funding project' means any governmental improvement project in which payments to vendors depend upon the realization of specified savings or revenue gains attributable solely to the improvements, provided that each benefits based funding project is structured as follows:
(A) The vendor promises, or accepts the condition, guarantees that the improvements will generate actual and quantifiable savings or enhanced revenues; (B) The agency develops a measurement tool for calculating the savings or enhanced revenues realized from the project; and (C) The funding for the project shall be attributable solely to its successful implementation for the period specified in the contract, or, where applicable, from sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains. (3)(4) 'External oversight committee' means a committee composed of the executive director of the Georgia Technology Authority, the commissioner of administrative services, the director of the Office of Planning and Budget, the state auditor, the state accounting officer, the Governor's designee, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Finance Committee on Appropriations. (4)(5) 'Measurement tool' means the formula used to measure the actual savings or enhanced revenues and includes a means for distinguishing enhanced revenue or savings from normal activities, including the possibility of no savings or revenue growth or an increased expenditure or decline in revenue. Baseline parameters must be defined based on historical costs or revenues for a minimum of one year. The measurement tool shall use the baseline parameters to forecast savings or enhanced revenues and to determine the overall benefits and fiscal feasibility of the proposed project. (5)(6) 'Special dedicated fund' means any fund established pursuant to this Code section from which the vendor or vendors are compensated as part of a benefits based funding project. The moneys in the special dedicated fund shall be deemed contractually obligated and shall not lapse at the end of each fiscal year. (b) An agency shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of equipment, goods, materials, real or personal property, improvements to real property, services, construction services, renovation services, and supplies as benefits based funding projects; provided,

FRIDAY, APRIL 3, 2009

6325

however, that a condition precedent to the award of the contract is a competitive solicitation in compliance with any applicable purchasing laws now or hereafter enacted, including without limitation the provisions of this chapter and Chapter 25 of this title; and provided, further, that the contract shall contain provisions for the following:
(1) The contract shall terminate absolutely and without further obligation on the part of the agency at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed; (2) The contract shall terminate absolutely and without further obligation on the part of the agency at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract; (3)(2) The contract may be renewed only by a positive action taken by the agency; (3) In addition to any other remedies available to the agency, the contract shall provide that at such time as the agency determines that actual savings or incremental revenue gains are not being generated to satisfy the obligations under the contract, the vendor shall be required to remedy the deficit in actual savings or incremental revenue gains by remitting to the state an amount equal to the deficit. The vendor shall also be required to provide at contract execution and upon execution of any contract renewals an energy savings guarantee bond, a bank letter of credit, escrowed funds, a corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency equal to the value of the project's annual savings or revenue gains; (4) The contract shall state the total obligation of the agency for repayment for the fiscal year of execution and shall state the total obligation for repayment which will be incurred in each fiscal year renewal term, if renewed; and (5) The term of the contract, including any renewal periods, may not exceed extend past the date that is ten years from the date of the completion of the project that is the subject of the contract.; and (6) The agency's financial obligations under the contract are limited to and cannot exceed the savings or incremental revenue gains, as calculated using the measurement tool, actually generated by the benefits based funding project, even if no savings or enhanced revenues are realized from the project. (c) Any contract developed under this Code section containing the provisions enumerated in subsection (b) of this Code section shall be deemed to obligate the agency only for those sums payable during the fiscal year of execution or, in the event of a renewal by the agency, for those sums payable in the individual fiscal year renewal term and only to the extent that savings or enhanced revenues are attributable to the benefits based funding project calculated using the measurement tool and, where applicable, sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the state for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal.

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(e) Any such contract may provide for the payment by the agency of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section. (f) During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, periodically calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project. To the extent that savings or enhanced revenues are realized, the agency shall transfer from its budget into the special dedicated fund an amount up to but not to exceed the amount owed on the contract for the then current fiscal year term's obligation to provide for payments, or, where applicable, sums remitted by the vendor or surety to remedy a deficit in guaranteed savings or revenue gains may be transferred to the special dedicated fund by the agency. (g) During the term of the contract, including any renewal periods, the agency shall, using the measurement tool, calculate the total amount of the savings or enhanced revenues attributable to the implementation of the benefits based funding project during the then current fiscal year at least 30 days prior to the end of the then current fiscal year. If the agency renews the contract and to the extent that savings or enhanced revenues are realized in excess of the amount due on the contract in the then current fiscal year term, the agency shall transfer prior to the end of the then current fiscal year from its budget into the special dedicated fund an amount up to but not to exceed the next fiscal year's obligation to provide for future payments. (h) Promptly upon nonrenewal, termination, or expiration of the contract, any moneys remaining in the special dedicated fund shall be deposited in the general fund of the state. (i) Each agency is authorized to accept title to property subject to the benefits based funding contract and is authorized to transfer title back to the vendor in the event the contract is not fully consummated. (j) Payments to which a vendor is entitled under the contract may not be assigned without the approval of the agency. In its discretion, the agency may agree that the vendor may assign the payments to which it is entitled under the benefits based funding contract to a third party, provided that the agency will be made party to the assignment agreement and that any such assignment agreement will not alter the obligations of the agency under the contract, specifically including, but not limited to, the provisions required by subsection (b) of this Code section; and provided that the vendor, at the time of the request that the agency agree to an assignment of payments, must provide to the agency an energy savings guarantee bond, a bank letter of credit, escrowed funds, a corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency equal to the guaranteed savings for the total project duration including any anticipated renewal periods and the energy savings guarantee bond, bank letter of credit, escrowed funds, corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency must remain in force for the entire project duration including any renewal periods. As savings are realized and verified by the measurement tool

FRIDAY, APRIL 3, 2009

6327

during the term of the contract including renewal periods, the value of the energy savings guarantee bond, bank letter of credit, escrowed funds, corporate guarantee from a corporation with an investment grade credit rating, or other surety instrument acceptable to the agency may decrease proportionately. (j)(k) The external oversight committee shall have the responsibility to review and advise direct the authority to perform reviews and to recommend approval of all benefits based funding projects advising:
(1) The overall feasibility of the benefits based funding project; (2) The measurement tool; (3) The projected savings or enhanced revenues; and (4) The dollars to be set aside for vendor payments. (l) At the recommendation of the authority, each (k) Each benefits based funding project and the proposed contract shall be approved by the external oversight committee prior to execution of the contract and prior to any renewal thereof shall be subject to further review by the authority or the external oversight committee at any time. (l)(m) Each agency shall prepare and certify an annual report to be sent to the external oversight committee, the Governor, and the General Assembly on all contracts entered into pursuant to this Code section, describing the benefits based funding project, its projects, the progress of the projects, its the consolidated savings or enhanced revenues of such projects, and such other information as may be relevant. This annual report shall be sent to the authority on behalf of the external oversight committee at a date determined by the authority. The authority shall review and consolidate all agency reports and submit a consolidated report to the Governor, the General Assembly, and the external oversight committee."
SECTION 3. Said title is further amended by revising Code Section 50-9-13, relating to exemption of the Georgia Building Authority from taxation, as follows:
"50-9-13.
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this article and Article 2 of this chapter. This state covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, or other charges for the use of such buildings or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall include an exemption from all sales and use tax on property purchased, leased, or used by the authority."

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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.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative May of the 111th moved that rule 146.6, requiring Conference Committee Reports to lay on the desks for one hour, be suspended for SB 194.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams Y Allison Y Amerson Y Anderson N Ashe N Austin N Baker Y Barnard N Battles N Bearden N Beasley-Teague N Benfield N Benton N Black N Brooks N Bruce N Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B N Casas Y Chambers Y Channell
Cheokas N Coan Y Cole N Coleman Y Collins, D N Collins, T Y Cooper Y Cox

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs N Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J N Everson N Floyd N Fludd N Franklin N Frazier N Fullerton N Gardner N Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B N Harden, M N Hatfield N Heard

N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A Y Holt Y Horne N Houston N Howard Y Hudson N Hugley N Jackson N Jacobs N James
Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B N Maddox, G N Mangham

On the motion, the ayes were 75, nays 97.

Y Manning N Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip N Meadows Y Millar Y Mills N Mitchell N Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A N Powell, J Y Pruett N Ralston N Ramsey N Randall
Reece N Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier N Setzler N Shaw
Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L N Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson N Talton N Taylor N Teilhet N Thomas N Thompson Y Walker N Weldon N Wilkinson N Willard N Williams, A
Williams, E N Williams, M
Williams, R N Wix Y Yates
Richardson, Speaker

FRIDAY, APRIL 3, 2009

6329

The motion was lost.

Representative Collins of the 27th moved that rule 146.6, requiring Conference Committee Reports to lay on the desks for one hour, be suspended for the following Bill of the House:

HB 514. By Representatives Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison N Amerson Y Anderson N Ashe Y Austin Y Baker Y Barnard N Battles N Bearden N Beasley-Teague N Benfield Y Benton N Black N Brooks N Bruce Y Bryant N Buckner Y Burkhalter Y Burns Y Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers Y Channell Y Cheokas Y Coan Y Cole

N Crawford Davis, H
Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner N Dukes
Ehrhart Y England E Epps, C N Epps, J Y Everson
Floyd N Fludd N Franklin Y Frazier N Fullerton N Gardner Y Geisinger Y Glanton Y Golick N Gordon Y Graves N Greene N Hamilton N Hanner

N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A Y Holt Y Horne
Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James
Jerguson Y Johnson, C N Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas N Lindsey N Long Y Loudermilk

Y Manning N Marin Y Martin Y Maxwell Y May Y Mayo Y McCall N McKillip Y Meadows Y Millar Y Mills N Mitchell Y Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Ralston N Ramsey N Randall

N Rynders Y Scott, A Y Scott, M N Sellier Y Setzler
Shaw Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson N Walker Y Weldon N Wilkinson N Willard N Williams, A Y Williams, E

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Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

Y Harbin Y Harden, B N Harden, M N Hatfield N Heard

N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 98, nays 71.

Y Reece Y Reese Y Rice Y Roberts
Rogers

Y Williams, M Williams, R
N Wix Y Yates
Richardson, Speaker

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 514. By Representatives Golick of the 34th, Keen of the 179th, Hamilton of the 23rd, Levitas of the 82nd and Burkhalter of the 50th:

A BILL to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; 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 514

The Committee of Conference on HB 514 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 514 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ David J. Shafer Senator, 48th District

/s/ Doug Collins Representative, 27th District

/s/ Lee Hawkins Senator, 49th District

/s/ J. Mark Hatfield Representative, 177th District

FRIDAY, APRIL 3, 2009

6331

/s/ Hudgens Senator, 47th District

/s/ Stephen Allison Representative, 8th District

A BILL

To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding the judicial system, so as to provide for provisions regarding the assignment of senior judges; to provide for certain provisions regarding a senior judge's status; to change certain provisions relating to certain courts requesting assistance of a senior judge; to provide for conditions for such assistance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding the judicial system, is amended by revising subsection (n) of Code Section 15-1-9.1, relating to requesting judicial assistance from other courts, as follows:
"(n) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any:
(1) criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; provided, however, that:
(A) A senior judge may be assigned, designated, or preside in such a case if such 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; and (B) If a challenge subject to this paragraph is raised by pleading later than 60 days after the filing of the complaint or within 45 days of the timely filing of the answer, an elected superior court judge of the circuit in which the case is pending shall determine whether, on the face of the challenge as raised and taking the facts as stated by the party asserting the challenge as true, the constitutional challenge is without merit. If when making a determination pursuant to this paragraph the elected superior court judge determines that the challenge has merit, the case shall be reassigned to an elected superior court judge; provided, however, that if when making such determination the elected superior court judge determines that the challenge is without merit, the case shall remain with the senior judge. This paragraph shall not apply to any constitutional challenge raised after the entry of the pretrial order entered immediately prior to trial."

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SECTION 2. Said chapter is further amended by revising subsection (e) of Code Section 15-1-9.2, relating to senior judge status and requesting assistance from senior judges, as follows:
"(e) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any:
(1) Criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; provided, however, that:
(A) A senior judge may be assigned, designated, or preside in such a case if such 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; and (B) If a challenge subject to this paragraph is raised by pleading later than 60 days after the filing of the complaint or within 45 days of the timely filing of the answer, an elected superior court judge of the circuit in which the case is pending shall determine whether, on the face of the challenge as raised and taking the facts as stated by the party asserting the challenge as true, the constitutional challenge is without merit. If when making a determination pursuant to this paragraph the elected superior court judge determines that the challenge has merit, the case shall be reassigned to an elected superior court judge; provided, however, that if when making such determination the elected superior court judge determines that the challenge is without merit, the case shall remain with the senior judge. This paragraph shall not apply to any constitutional challenge raised after the entry of the pretrial order entered immediately prior to trial."
SECTION 3. Said chapter is further amended by revising subsection (g) of 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, as follows:
"(g) Notwithstanding the provisions of this Code section, a senior judge shall not be assigned, designated, or preside in any:
(1) Criminal 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; or (2) Civil case involving a challenge to the constitutionality of any state statute or state action, with the exception of habeas corpus actions; provided, however, that:

FRIDAY, APRIL 3, 2009

6333

(A) A senior judge may be assigned, designated, or preside in such a case if such 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; and (B) If a challenge subject to this paragraph is raised by pleading later than 60 days after the filing of the complaint or within 45 days of the timely filing of the answer, an elected superior court judge of the circuit in which the case is pending shall determine whether, on the face of the challenge as raised and taking the facts as stated by the party asserting the challenge as true, the constitutional challenge is without merit. If when making a determination pursuant to this paragraph the elected superior court judge determines that the challenge has merit, the case shall be reassigned to an elected superior court judge; provided, however, that if when making such determination the elected superior court judge determines that the challenge is without merit, the case shall remain with the senior judge. This paragraph shall not apply to any constitutional challenge raised after the entry of the pretrial order entered immediately prior to trial."

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 Collins of the 27th moved that the House adopt the report of the Committee of Conference on HB 514.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison Y Amerson Y Anderson Y Ashe Y Austin Y Baker Y Barnard Y Battles Y Bearden Y Beasley-Teague N Benfield Y Benton Y Black Y Brooks Y Bruce Y Bryant Y Buckner

N Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley N Drenner Y Dukes Y Ehrhart Y England E Epps, C Y Epps, J Y Everson
Floyd Y Fludd

Y Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson Y Hugley Y Jackson Y Jacobs Y James
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S

Y Manning Y Marin Y Martin Y Maxwell Y May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell Y Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix Y Oliver

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler Y Shaw Y Sheldon Y Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V Y Smyre Y Stephens, M Y Stephens, R

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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, D Y Collins, T Y Cooper Y Cox

Y Franklin Frazier
Y Fullerton N Gardner Y Geisinger Y Glanton Y Golick Y Gordon Y Graves Y Greene Y Hamilton Y Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

Y Jordan Y Kaiser Y Keen Y Keown Y Knight Y Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey Y Long Y Loudermilk Y Lucas Y Lunsford Y Maddox, B Y Maddox, G Y Mangham

On the motion, the ayes were 165, nays 7.

Y O'Neal Parham
Y Parrish Y Parsons Y Peake Y Porter Y Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey Y Randall Y Reece Y Reese Y Rice Y Roberts Y Rogers

Y Stephenson Y Talton Y Taylor Y Teilhet N Thomas Y Thompson Y Walker Y Weldon Y Wilkinson Y Willard Y Williams, A Y Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

The motion prevailed.

Representative Levitas of the 82nd moved that rule 146.6, requiring Conference Committee Reports to lay on the desks for one hour, be suspended for the following Bill of the House:

HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others:

A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam Y Abrams N Allison Y Amerson Y Anderson N Ashe N Austin Y Baker

N Crawford N Davis, H N Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs

N Heckstall Y Hembree
Henson N Hill, C Y Hill, C.A Y Holt Y Horne Y Houston

Y Manning Marin
Y Martin Y Maxwell N May Y Mayo Y McCall N McKillip

N Rynders Y Scott, A N Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp

FRIDAY, APRIL 3, 2009

6335

Y Barnard N Battles Y Bearden N Beasley-Teague N Benfield Y Benton N Black N Brooks N Bruce N 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, D N Collins, T Y Cooper N Cox

Y Dollar N Dooley N Drenner N Dukes Y Ehrhart Y England E Epps, C N Epps, J Y Everson
Floyd N Fludd N Franklin N Frazier N Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B N Harden, M N Hatfield N Heard

Y Howard N Hudson N Hugley N Jackson Y Jacobs N James
Jerguson N Johnson, C N Johnson, T Y Jones, J
Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight N Knox N Lane, B N Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 87, nays 82.

N Meadows Y Millar Y Mills Y Mitchell Y Morgan N Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish Y Parsons Y Peake N Porter N Powell, A N Powell, J N Pruett Y Ralston Y Ramsey N Randall N Reece N Reese
Rice Y Roberts Y Rogers

Y Sims, B Y Sims, C N Sinkfield Y Smith, B N Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre
Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker N Weldon Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, M
Williams, R N Wix Y Yates
Richardson, Speaker

The motion was lost.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th:

A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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The Report of the Committee of Conference was previously read.

Representative Butler of the 18th moved that the House adopt the report of the Committee of Conference on HB 189.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams N Allison Y Amerson Y Anderson N Ashe N Austin N Baker Y Barnard Y Battles Y Bearden N Beasley-Teague Y Benfield N Benton Y Black 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 N Channell N Cheokas N Coan Y Cole Y Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

N Crawford Y Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar N Dooley N Drenner
Dukes Ehrhart Y England E Epps, C N Epps, J Y Everson Floyd N Fludd N Franklin N Frazier N Fullerton Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves Y Greene Y Hamilton N Hanner Y Harbin Y Harden, B N Harden, M N Hatfield N Heard

N Heckstall Y Hembree Y Henson Y Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard Y Hudson N Hugley N Jackson Y Jacobs N James
Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight N Knox Y Lane, B Y Lane, R Y Levitas Y Lindsey N Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 96, nays 75.

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo Y McCall N McKillip Y Meadows Y Millar N Mills N Mitchell
Morgan Y Morris N Mosby Y Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham N Parrish Y Parsons Y Peake N Porter N Powell, A Y Powell, J Y Pruett Y Ralston Y Ramsey N Randall N Reece N Reese Y Rice Y Roberts Y Rogers

Y Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E N Williams, M
Williams, R N Wix Y Yates
Richardson, Speaker

The motion prevailed.

HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Dawkins-Haigler of the 93rd:

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A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 251

The Committee of Conference on HB 251 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 251 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Coleman Representative, 97th District

/s/ Eric Johnson Senator, 1st District

/s/ Morgan Representative, 39th District

/s/ D Casas Representative, 103rd 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 the option for parents to enroll their child in another school within the local school system or in a school in another local school system; to provide for definitions; to provide for statutory construction; to provide for certain notifications regarding available space in classrooms; to provide for nepotism restrictions for eligibility for members of local boards of education and for local school superintendents; 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:

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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 34
20-2-2130. As used in this article, the term:
(1) 'Department' means the Department of Education. (2) 'Parent' means a biological parent, legal guardian, custodian, or other person with legal authority to act on behalf of a child.
20-2-2131. (a)(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system in which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school. (2) No later than July 1, 2009, each local school system shall establish a universal, streamlined process available to all students to implement the transfer requirements of paragraph (1) of this subsection. (3) A student who transfers to another school pursuant to this subsection may, at his or her election, continue to attend such school until the student completes all grades of the school. (4) This subsection shall not be construed to affect any student currently attending a school other than the school to which the student has been assigned by the local board of education pursuant to a transfer authorized under the federal No Child Left Behind Act (P.L. 107-110).
(b) The department shall establish a model universal, streamlined process to implement the transfer provisions of this Code section. Each local board of education shall adopt a universal, streamlined transfer process that includes, at a minimum, such state model. Such local process shall include a deadline for submitting transfer requests. (c) Each local school system shall annually notify prior to each school year the parents of each student by letter, electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article. (d) The local school system shall notify parents by July 1 of each year which schools have available space and to which of these schools parents may choose to request a transfer for their children. (e) This Code section shall not apply to charter schools. (f) This Code section shall not apply to newly opened schools with available classroom space for a period of four years after the school opens."

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SECTION 2. Said chapter is further amended by revising subsection (c) of Code Section 20-2-51, relating to election of county board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other offices, as follows:
"(c)(1) No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of a local board of education. No person employed by a local board of education shall be eligible to serve as a member of that board of education. No person employed by the Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a local board of education. This subsection paragraph shall not apply to institutions above the high school level. (2) No person who has an immediate family member sitting on a local board of education or serving as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system shall be eligible to serve as a member of such local board of education. As used in this paragraph, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2009. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes a local board of education member for that school system."
SECTION 3. Said chapter is further amended by revising subsection (b) of Code Section 20-2-101, relating to appointment of county school superintendents, as follows:
"(b)(1) 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. (2) No person shall be eligible to be appointed, employed, or to serve as superintendent of schools of any county or independent school system who has an immediate family member sitting on the local board of education for such school system or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on or after July 1, 2009, by that school system. As used in this subsection, the term 'immediate family member' shall have the same meaning as in subsection (c) of Code Section 20-2-51. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system

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when an immediate family member becomes the superintendent for that school system."

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 Morgan of the 39th moved that the House adopt the report of the Committee of Conference on HB 251.

On the motion, the roll call was ordered and the vote was as follows:

Y Abdul-Salaam Y Abrams Y Allison N Amerson N Anderson Y Ashe Y Austin Y Baker Y Barnard N Battles N Bearden N Beasley-Teague N Benfield N Benton N Black N Brooks Y Bruce Y Bryant N Buckner Y Burkhalter N Burns N Butler Y Byrd N Carter, A Y Carter, B Y Casas Y Chambers N Channell Y Cheokas Y Coan Y Cole
Coleman Y Collins, D Y Collins, T Y Cooper Y Cox

N Crawford Y Davis, H Y Davis, S Y Dawkins-Haigler Y Day Y Dempsey N Dickson Y Dobbs N Dollar N Dooley Y Drenner N Dukes Y Ehrhart N England E Epps, C N Epps, J Y Everson Y Floyd Y Fludd N Franklin Y Frazier N Fullerton Y Gardner Y Geisinger Y Glanton N Golick Y Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield N Heard

N Heckstall N Hembree Y Henson Y Hill, C
Hill, C.A Y Holt Y Horne Y Houston Y Howard Y Hudson N Hugley N Jackson Y Jacobs N James
Jerguson Y Johnson, C Y Johnson, T Y Jones, J Y Jones, S N Jordan Y Kaiser Y Keen N Keown Y Knight Y Knox N Lane, B N Lane, R N Levitas Y Lindsey Y Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B Y Maddox, G
Mangham

Y Manning N Marin N Martin N Maxwell Y May Y Mayo N McCall N McKillip N Meadows Y Millar N Mills N Mitchell Y Morgan Y Morris Y Mosby
Murphy Y Neal N Nix N Oliver
O'Neal Parham N Parrish N Parsons Y Peake N Porter N Powell, A Y Powell, J N Pruett N Ralston N Ramsey N Randall N Reece Y Reese Y Rice N Roberts N Rogers

N Rynders N Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield Y Smith, B Y Smith, L Y Smith, R N Smith, T Y Smith, V N Smyre N Stephens, M N Stephens, R Y Stephenson N Talton Y Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson Y Willard N Williams, A N Williams, E Y Williams, M
Williams, R Y Wix Y Yates
Richardson, Speaker

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6341

On the motion, the ayes were 97, nays 73.

The motion prevailed.

House of Representatives Atlanta, Georgia 30334

This version of HB 251 contains more than one subject matter. Article III, Section V, Paragraph III of the Constitution of the State of Georgia states in part that "No Bill shall pass which refers to more than one subject matter..."

It would have been a violation of my oath of office to have voted to pass this version of HB 251.

/s/ Bobby Franklin Representative, District 43

Representative Carter of the 159th moved that rule 146.6, requiring Conference Committee Reports to lay on the desks for one hour, be suspended for the following Bill of the House:

HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd:

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; 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 N Allison N Amerson N Anderson Y Ashe Y Austin Y Baker Y Barnard

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dollar

N Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A N Holt Y Horne N Houston N Howard

Y Manning N Marin Y Martin Y Maxwell Y May N Mayo
McCall N McKillip Y Meadows

Y Rynders Y Scott, A N Scott, M Y Sellier Y Setzler N Shaw N Sheldon N Shipp Y Sims, B

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N Battles N Bearden N Beasley-Teague Y Benfield N Benton N Black N Brooks N Bruce Y Bryant N Buckner N Burkhalter Y Burns Y Butler N Byrd N Carter, A Y Carter, B Y Casas Y Chambers N Channell N Cheokas N Coan Y Cole Y Coleman Y Collins, D N Collins, T Y Cooper N Cox

Y Dooley Y Drenner N Dukes Y Ehrhart Y England E Epps, C Y Epps, J N Everson
Floyd N Fludd N Franklin N Frazier
Fullerton Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin N Harden, B N Harden, M Y Hatfield N Heard

N Hudson N Hugley N Jackson Y Jacobs N James
Jerguson Y Johnson, C Y Johnson, T
Jones, J N Jones, S
Jordan Y Kaiser Y Keen N Keown Y Knight N Knox Y Lane, B Y Lane, R N Levitas Y Lindsey N Long Y Loudermilk N Lucas N Lunsford Y Maddox, B N Maddox, G N Mangham

On the motion, the ayes were 76, nays 90.

Y Millar N Mills N Mitchell
Morgan Y Morris N Mosby N Murphy Y Neal Y Nix
Oliver Y O'Neal Y Parham N Parrish
Parsons Y Peake N Porter N Powell, A N Powell, J Y Pruett N Ralston N Ramsey N Randall N Reece N Reese N Rice Y Roberts Y Rogers

Y Sims, C N Sinkfield Y Smith, B N Smith, L N Smith, R Y Smith, T
Smith, V N Smyre N Stephens, M Y Stephens, R N Stephenson Y Talton N Taylor N Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, M
Williams, R N Wix Y Yates
Richardson, Speaker

The motion was lost.

The following Bill of the House was taken up for the purpose of considering the Senate action thereon:

HB 321. By Representatives Davis of the 109th, Rogers of the 26th and Holt of the 112th:

A BILL to be entitled an Act to amend Code Section 33-30-1 of the Official Code of Georgia Annotated, relating to "group accident and sickness insurance" defined and "true association" defined, so as to provide for changes in the definitions of the terms; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

The following Senate substitute was read:

A BILL

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6343

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for changes in the definitions of the terms "group accident and sickness insurance" and "true association"; to provide a short title; to provide certain definitions; to include plan administrators in prompt pay requirements; to provide for penalties; 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. This Act shall be known and may be cited as the "Insurance Delivery Enhancement Act of 2009."
SECTION 2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising paragraphs (2) and (3) of subsection (a) of Code Section 33-30-1 as follows:
"(2) Under a policy issued to an association, including a labor union, which shall have a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least 25 10 members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees. As used in this paragraph, the term 'employees' may include retired employees; (3) Under a policy issued to the trustees of a fund established by two or more employers in the same industry, by one or more labor unions, by one or more employers and one or more labor unions, or by an association, as defined in paragraph (2) of this Code section, which trustees shall be deemed the policyholder, to insure not less than 25 10 employees of the employers or members of the union or of such association or of members of such association for the benefit of persons other than the employers or other unions or such associations. As used in this paragraph, the term 'employees' includes the officers, managers, and employees of the employer and the individual proprietor or partners, if the employer is an individual proprietor or partnership. The term may include retired employees. The policy may provide that the term 'employees' shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship;"
SECTION 3. Said title is further amended by revising subparagraph (a)(7)(A) of Code Section 33-30-1 as follows:
"(7)(A) Under a policy issued to a legal entity providing a multiple employer welfare arrangement, which means any employee benefit plan which is established or maintained for the purpose of offering or providing accident and sickness benefits to the employees of two or more employers, including self-employed individuals, individuals whose compensation is reported on federal Internal Revenue Service

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Form 1099, and their spouses or dependents. The term does shall not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement."
SECTION 4. Said title is further 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. (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;

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(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 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."

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SECTION 5. 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 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.

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(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 6. 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) 'Administrator' shall have the same meaning as provided in Code Section 33-23100. (2) 'Benefits' shall have the same meaning as provided in Code Section 33-24-59.5. (3) 'Facility' shall have the same meaning as provided in Code Section 33-20A-3. (4) 'Health benefit plan' shall have the same meaning as provided in Code Section 3324-59.5. (5) 'Health care provider' shall have the same meaning as provided in Code Section 33-20A-3. (6) '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, 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. (b)(1) All benefits under a health benefit plan will be payable by the insurer or administrator which is obligated to finance or deliver health care services or process claims under that plan upon such insurer's or administrator's receipt of written or electronic proof of loss or claim for payment for health care goods or services provided. The insurer or administrator 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 or

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administrator 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 or administrator disputes a portion of the claim, any undisputed portion of the claim shall be paid by the insurer or administrator in accordance with this chapter. When all of the listed documents or other information needed to process the claim have been received by the insurer or administrator, the insurer or administrator 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 or administrator'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 or administrator 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 or administrator may only be subject to an administrative penalty by the Commissioner as authorized by the insurance laws of this state when such insurer or administrator 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 7. (a) Except as otherwise provided by subsection (b) of this section, this Act shall become effective on July 1, 2009. (b) Sections 4, 5, and 6 of this Act shall become effective January 1, 2011.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Davis of the 109th moves to amend the Senate Insurance and Labor Committee substitute to HB 321 (LC 37 0933S) by striking lines 3 through 5 and inserting in lieu thereof the following:
and "true association"; to provide a short title; to provide certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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By striking lines 43 through 230.

Representative Davis of the 109th moved that the House agree to the Senate substitute, as amended by the House, to HB 321.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam N Abrams
Allison Y Amerson Y Anderson N Ashe Y Austin N Baker Y Barnard N Battles Y Bearden N Beasley-Teague N Benfield N Benton N Black N Brooks N Bruce
Bryant N Buckner Y Burkhalter Y Burns
Butler N Byrd N Carter, A
Carter, B Y Casas Y Chambers
Channell Y Cheokas Y Coan Y Cole Y Coleman Y Collins, D
Collins, T N Cooper Y Cox

Y Crawford Y Davis, H Y Davis, S N Dawkins-Haigler N Day Y Dempsey Y Dickson N Dobbs Y Dollar N Dooley N Drenner
Dukes Y Ehrhart N England E Epps, C N Epps, J Y Everson
Floyd N Fludd N Franklin N Frazier N Fullerton
Gardner Y Geisinger N Glanton Y Golick N Gordon Y Graves N Greene Y Hamilton N Hanner Y Harbin Y Harden, B Y Harden, M Y Hatfield Y Heard

N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A Y Holt Y Horne Y Houston N Howard N Hudson N Hugley N Jackson Y Jacobs N James
Jerguson N Johnson, C N Johnson, T Y Jones, J N Jones, S N Jordan N Kaiser Y Keen N Keown Y Knight N Knox N Lane, B N Lane, R Y Levitas N Lindsey N Long Y Loudermilk N Lucas Y Lunsford N Maddox, B Y Maddox, G N Mangham

On the motion, the ayes were 78, nays 85.

N Manning N Marin Y Martin Y Maxwell Y May N Mayo N McCall N McKillip N Meadows Y Millar Y Mills N Mitchell
Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver Y O'Neal Y Parham Y Parrish
Parsons Y Peake N Porter Y Powell, A N Powell, J N Pruett N Ralston Y Ramsey N Randall N Reece Y Reese N Rice N Roberts Y Rogers

N Rynders Y Scott, A Y Scott, M Y Sellier Y Setzler N Shaw Y Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield
Smith, B Y Smith, L Y Smith, R Y Smith, T Y Smith, V N Smyre N Stephens, M Y Stephens, R
Stephenson Y Talton N Taylor N Teilhet Y Thomas N Thompson Y Walker N Weldon N Wilkinson N Willard N Williams, A N Williams, E Y Williams, M
Williams, R N Wix Y Yates
Richardson, Speaker

The motion was lost.

The House has disagreed.

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Representative Graves of the 12th moved that rule 146.6, requiring Conference Committee Reports to lay on the desks for one hour, be suspended for the following Bill of the House:

HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd:

A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; 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 Allison N Amerson N Anderson Y Ashe N Austin N Baker Y Barnard N Battles N Bearden N Beasley-Teague Y Benfield N Benton N Black N Brooks N Bruce N Bryant N Buckner N Burkhalter N Burns Y Butler N Byrd N Carter, A Y Carter, B Y Casas N Chambers N Channell N Cheokas N Coan N Cole

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs N Dollar Y Dooley N Drenner N Dukes Y Ehrhart N England E Epps, C N Epps, J Y Everson
Floyd N Fludd N Franklin N Frazier N Fullerton
Gardner N Geisinger N Glanton Y Golick Y Gordon Y Graves N Greene N Hamilton N Hanner

N Heckstall Y Hembree Y Henson N Hill, C Y Hill, C.A Y Holt Y Horne N Houston N Howard N Hudson N Hugley N Jackson N Jacobs N James
Jerguson N Johnson, C N Johnson, T N Jones, J N Jones, S N Jordan N Kaiser N Keen N Keown Y Knight N Knox Y Lane, B Y Lane, R N Levitas N Lindsey N Long
Loudermilk

N Manning N Marin N Martin Y Maxwell N May Y Mayo
McCall Y McKillip Y Meadows
Millar Y Mills N Mitchell
Morgan Y Morris N Mosby
Murphy N Neal Y Nix Y Oliver N O'Neal
Parham N Parrish Y Parsons
Peake N Porter N Powell, A N Powell, J Y Pruett
Ralston N Ramsey N Randall

N Rynders Y Scott, A N Scott, M Y Sellier Y Setzler N Shaw N Sheldon N Shipp N Sims, B Y Sims, C N Sinkfield
Smith, B N Smith, L N Smith, R N Smith, T Y Smith, V N Smyre N Stephens, M
Stephens, R N Stephenson N Talton Y Taylor N Teilhet N Thomas N Thompson Y Walker
Weldon N Wilkinson N Willard Y Williams, A N Williams, E

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Y Coleman Y Collins, D Y Collins, T Y Cooper N Cox

N Harbin N Harden, B N Harden, M Y Hatfield N Heard

N Lucas Y Lunsford Y Maddox, B N Maddox, G N Mangham

On the motion, the ayes were 55, nays 107.

N Reece N Reese
Rice Y Roberts Y Rogers

Y Williams, M Williams, R
N Wix Y Yates
Richardson, Speaker

The motion was lost.

Representative Levitas of the 82nd moved that rule 146.6, requiring Conference Committee Reports to lay on the desks for one hour, be suspended for the following Bill of the House:

HB 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others:

A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

N Abdul-Salaam Y Abrams Y Allison Y Amerson N Anderson N Ashe N Austin Y Baker Y Barnard N Battles Y Bearden
Beasley-Teague N Benfield N Benton N Black
Brooks N Bruce N Bryant N Buckner N Burkhalter

N Crawford N Davis, H Y Davis, S N Dawkins-Haigler Y Day Y Dempsey Y Dickson Y Dobbs Y Dollar Y Dooley N Drenner N Dukes N Ehrhart N England E Epps, C N Epps, J N Everson
Floyd N Fludd N Franklin

N Heckstall Y Hembree N Henson N Hill, C Y Hill, C.A N Holt Y Horne Y Houston Y Howard N Hudson N Hugley N Jackson Y Jacobs Y James
Jerguson N Johnson, C N Johnson, T N Jones, J Y Jones, S N Jordan

N Manning N Marin Y Martin Y Maxwell N May Y Mayo Y McCall Y McKillip Y Meadows Y Millar Y Mills Y Mitchell
Morgan Y Morris N Mosby N Murphy Y Neal Y Nix N Oliver N O'Neal

N Rynders Y Scott, A N Scott, M N Sellier Y Setzler N Shaw N Sheldon N Shipp Y Sims, B Y Sims, C N Sinkfield N Smith, B N Smith, L N Smith, R N Smith, T N Smith, V
Smyre N Stephens, M
Stephens, R N Stephenson

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N Burns Y Butler N Byrd
Carter, A Y Carter, B Y Casas Y Chambers N Channell N Cheokas N Coan N Cole N Coleman Y Collins, D Y Collins, T Y Cooper N Cox

N Frazier N Fullerton
Gardner Y Geisinger Y Glanton Y Golick Y Gordon N Graves Y Greene Y Hamilton N Hanner N Harbin N Harden, B N Harden, M N Hatfield N Heard

N Kaiser N Keen N Keown N Knight
Knox N Lane, B N Lane, R Y Levitas N Lindsey Y Long Y Loudermilk N Lucas Y Lunsford Y Maddox, B N Maddox, G N Mangham

On the motion, the ayes were 67, nays 97.

Parham N Parrish Y Parsons Y Peake N Porter Y Powell, A N Powell, J Y Pruett Y Ralston N Ramsey
Randall N Reece N Reese
Rice Y Roberts N Rogers

N Talton N Taylor Y Teilhet N Thomas N Thompson Y Walker Y Weldon Y Wilkinson N Willard N Williams, A N Williams, E Y Williams, M
Williams, R N Wix Y Yates
Richardson, Speaker

The motion was lost.

The following messages were 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 396. By Representatives Graves of the 12th, Rice of the 51st and Powell of the 29th:

A BILL to be entitled an Act to amend provisions of the O.C.G.A. relating to drivers and drivers' licenses; to amend Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to allow the commissioner of driver services to promulgate regulations limiting the retention of conviction and withdrawal information on a driving record; to amend Chapter 13 of Title 40 of O.C.G.A., relating to prosecution of traffic offenses, so as to provide for electronic signatures on uniform traffic citations; to amend Chapter 16 of Title 40 of the O.C.G.A., relating to the Department of Driver Services, so as to provide the department with the power to contract for services; to amend Title 43 of the O.C.G.A., relating to professions and businesses, so as to provide for fingerprinting of certain licensees; to amend Title 46 of the O.C.G.A., relating to public utilities and transportation, so as to provide for fingerprinting of chauffeurs; to repeal conflicting laws; and for other purposes.

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Mr. Speaker:
The Senate has agreed to the House substitutes to the following bills and resolution of the Senate:
SB 55. By Senators Pearson of the 51st, Rogers of the 21st, Shafer of the 48th and Williams of the 19th:
A BILL to be entitled an Act to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem taxation of property, so as to change the factors to be considered in determining fair market value of real property; to repeal conflicting laws; and for other purposes.
SB 64. By Senators Reed of the 35th, Butler of the 55th, Tate of the 38th, Unterman of the 45th, Sims of the 12th and others:
A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to provide that certain incarcerated persons shall be tested for HIV prior to discharge; to provide for notice; to provide for counseling; to repeal conflicting laws; and for other purposes.
SB 82. By Senators Unterman of the 45th, Chance of the 16th and Staton of the 18th:
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 change provisions relating to transaction records; to provide for transmission of transaction records to the applicable sheriff's department; to regulate payments to persons selling copper items to secondary metals recyclers; to provide for supervision of secondary metals recyclers by counties, municipal corporations, or consolidated governments; to change provisions relating to the superseding nature of the article; to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 85. By Senators Heath of the 31st, Cowsert of the 46th, Pearson of the 51st, Butterworth of the 50th, Tolleson of the 20th and others:
A BILL to be entitled an Act to amend Title 6 of the O.C.G.A., relating to aviation, so as to create the Georgia Aviation Authority; to amend Code Section 32-2-2 of the O.C.G.A., relating to powers and duties of the Department of Transportation, so as to remove provisions relative to the authority of that department with respect to state aircraft; to amend Chapter 19

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of Title 50 of the O.C.G.A., relating to state government transportation services, so as to repeal Article 2, the "Air Transportation Act," relating to the powers and duties of the Department of Transportation with respect to state air transportation; to provide for other related matters; to repeal conflicting laws; and for other purposes.
SB 86. By Senators Staton of the 18th, Butterworth of the 50th, Rogers of the 21st, Johnson of the 1st, Shafer of the 48th and others:
A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, 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.
SB 104. By Senators Wiles of the 37th, Thomas of the 54th and Unterman of the 45th:
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 amend certain definitions; to change certain provisions relating to the two levels of cosmetic laser services licenses; to provide the Composite State Board of Medical Examiners with the authority to waive certain requirements as to certain facilities; to provide for the license and expertise requirements of at least one member of the advisory committee; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.
SB 123. By Senators Hawkins of the 49th, Murphy of the 27th, Hudgens of the 47th, Thomas of the 54th, Williams of the 19th 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 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 require a surety bond; to provide that a pharmacy benefits manager shall not engage in the practice of medicine; to make certain audit requirements applicable to pharmacy benefits managers; to provide that a pharmacy benefits manager shall not have to be licensed as an administrator;

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to provide for related matters; to repeal conflicting laws; and for other purposes.
SB 152. By Senator Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 2-8-13 of the Official Code of Georgia Annotated, relating to established agricultural commodity commissions and ratifications, contributions, and balloting relating thereto, so as to provide for an Agricultural Commodity Commission for Ornamental Plants; to provide for balloting; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 155. By Senators Pearson of the 51st, Tolleson of the 20th, Williams of the 19th, Rogers of the 21st, Chance of the 16th and others:
A BILL to be entitled an Act to amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes.
SB 198. By Senators Tolleson of the 20th, Harp of the 29th and Bulloch of the 11th:
A BILL to be entitled an Act to amend Code Section 12-9-46 of the Official Code of Georgia Annotated, relating to the power of the Board of Natural Resources to regulate air quality in nonattainment areas in this state, so as to provide the costs to be covered by the fee charged by emission inspection stations shall include the activities of the director of the Environmental Protection Division necessary to achieve compliance with state and federal clean air laws; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 199. By Senators Wiles of the 37th, Harp of the 29th and Cowsert of the 46th:
A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to suspend for one year the otherwise required annual training for magistrates and probate judges; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 200. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Douglas of the 17th, Hill of the 32nd and others:

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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 enact the "Transforming Transportation Investment Act"; to abolish the State Road and Tollway Authority; to create the State Transportation Agency and the State Transportation Authority; to amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to abolish said authority; to correct cross-references; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
SB 280. By Senator Brown of the 26th:
A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," approved March 2, 1966 (Ga. L. 1966, p. 2737), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4991), so as to change the procedure for choosing members of such authority; to provide for terms for such members; to provide for certain billing cycles; to eliminate certain excises; to provide for the elimination of certain compensation plans; to provide for related matters; to repeal conflicting laws; and for other purposes.
SR 294. By Senators Grant of the 25th, Jackson of the 24th, Cowsert of the 46th, Tolleson of the 20th, Murphy of the 27th and others:
A RESOLUTION authorizing the conveyance of certain state owned real property located in Baldwin and Wilkinson Counties, Georgia; authorizing the conveyance of any state interest in certain real property in Baldwin County, Georgia; authorizing the conveyance of certain state owned real property in Bibb County, Georgia; authorizing the conveyance of an easement of certain state owned real property located in Camden County, Georgia; authorizing the conveyance of certain state owned real property located in Cherokee County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 122. By Senators Goggans of the 7th and Hill of the 4th:
A BILL to be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees insurance and benefits plans, so as to divide the Georgia Retiree Health Benefit Fund into two funds; to define certain terms; to create the Georgia State Retiree Health Benefit Fund and the Georgia School Retiree Health Benefit Fund; to repeal the

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Georgia Retiree Health Benefit Fund; to provide for applicability; to provide for related matters; 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 2.

By Representatives Rice of the 51st, Peake of the 137th, Lindsey of the 54th and Graves of the 12th:

A BILL to be entitled an Act to amend Article 5 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fair and open grants, so as to require grant recipients to comply with certain provisions of law as a prerequisite to awarding a grant; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 57. By Representatives Powell of the 29th and Rice of the 51st:

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 define certain terms and fees; to change certain provisions relating to motor carrier permitting; to designate the Department of Revenue as the agency responsible for the administration of the federal Unified Carrier Registration Act of 2005; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to repeal and reserve certain provisions; to provide that identification requirements shall comply with the applicable provisions of the federal Unified Carrier Registration Act of 2005; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

HB 156. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th:

A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide that elected magistrate judges 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 for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 193. By Representatives Graves of the 12th, Casas of the 103rd, Maxwell of the 17th, May of the 111th, Benton of the 31st and others:

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A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate recedes from its substitutes to the following bills of the House:
HB 56. By Representatives Willard of the 49th, Geisinger of the 48th, Powell of the 171st and Thompson of the 104th:
A BILL to be entitled an Act to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to revise and change procedures and requirements regarding the renegotiation of distribution certificates; to change certain provisions regarding failure to file a new certificate; to change certain provisions regarding discontinuation of the tax; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 243. By Representatives Pruett of the 144th, Sellier of the 136th and Maxwell of the 17th:
A BILL to be entitled an Act to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of certificated personnel in elementary and secondary education, so as to repeal the salary increase for persons receiving certification from the National Board for Professional Teaching Standards; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has agreed to the House amendment to the Senate amendment to the following bill of the House:
HB 485. By Representative O`Neal of the 146th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for alternative tax credits for base year port traffic; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue

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commissioner; to provide for 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 164. By Representative Butler of the 18th:
A BILL to be entitled an Act to provide a new charter for the City of Bremen; to provide for incorporation, boundaries, and powers of the city within the counties of Haralson and Carroll; 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 other matters relative to the foregoing; to repeal a specific Act; 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 314. By Representatives Beasley-Teague of the 65th and Horne of the 71st:
A BILL to be entitled an Act to provide for a homestead exemption from City of Palmetto ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for residents of that city who are 65 years of age or older and whose income, excluding certain retirement income, does not exceed $16,000.00; 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 393. By Representative Horne of the 71st:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Senoia, approved April 19, 2000 (Ga. L. 2000, p. 3806), so as to increase the municipal terms of office; to provide that elections for certain municipal offices shall take place in odd-numbered years; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 518. By Representative Cheokas of the 134th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Geneva in Talbot County, Georgia, approved April 10, 1998 (Ga. L. 1998, p. 4413), so as to designate the center of the town and define the corporate city limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 583. By Representatives Shaw of the 176th, Carter of the 175th and Black of the 174th:
A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Valdosta, approved April 19, 2000 (Ga. L. 2000, p. 4025), as amended, so as to revise the corporate limits of said municipality; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 598. By Representative Hanner of the 148th:
A BILL to be entitled an Act to provide a new charter for the City of Lumpkin; 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 618. By Representative Pruett of the 144th:
A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4958), so as to provide for continuation in office of current members; to provide for the staggered election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes.
HB 635. By Representatives Setzler of the 35th, Cooper of the 41st, Dollar of the 45th, Parsons of the 42nd, Johnson of the 37th and others:

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A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes.
HB 643. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 129th, Smith of the 131st and Buckner of the 130th:
A BILL to be entitled an Act to amend an Act providing a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to provide for certain meeting requirements for the Council of such county-wide government; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 659. By Representatives Burkhalter of the 50th, Rice of the 51st, Martin of the 47th and Willard of the 49th:
A BILL to be entitled an Act to amend an Act providing a charter for the City of Johns Creek, approved March 29, 2006 (Ga. L. 2006, p. 3503), so as to provide for certain restrictions on the adoption of ordinances; to provide certain actions regarding the mayor's veto authority; to provide for the authority to remove certain officials; to provide for the repeal of certain authority from the city manager; to provide for oath of office; to repeal certain provisions regarding the city accountant; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 672. By Representatives Williams of the 4th, Dickson of the 6th and Weldon of the 3rd:
A BILL to be entitled an Act to amend an Act to provide for continued insurance coverage for certain former members of the board of commissioners of Whitfield County, certain former county officers of Whitfield County, and certain spouses and eligible dependents thereof, approved March 28, 1990 (Ga. L. 1990, p. 4663), so as to provide that the authorization to elect continued group health insurance coverage of those members, officers, and the spouses and eligible dependents of those individuals employed or elected on or after the effective date of this Act shall no longer be available to such individuals once they are no longer serving as members or officers; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

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HB 724. By Representatives Austin of the 10th and Harden of the 28th:
A BILL to be entitled an Act to reincorporate and provide a new charter for the Town of Alto, Georgia; to provide for the corporate limits of the town, the powers of the town, and the form and method of government of the town; to provide for a town manager; to provide for the administration of town affairs; to provide for the municipal court of the town; to provide for elections for town offices; to provide for taxation by the town; to provide for financial management of the town; to provide for the financial and fiscal affairs of the town; to provide for municipal services and regulatory functions; to provide for general provisions; to provide for related matters; to provide for specific repeal; to repeal conflicting laws; and for other purposes.
HB 744. By Representative Dukes of the 150th:
A BILL to be entitled an Act to create a board of elections and registration for Baker County and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for effective dates; to repeal conflicting laws; and for other purposes.
HB 747. By Representative Pruett of the 144th:
A BILL to be entitled an Act to repeal an Act authorizing the employment of a certified accountant to audit all county books annually for the county of Bleckley, approved August 16, 1915 (Ga. L. 1915, p. 158), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 782. By Representative Allison of the 8th:
A BILL to be entitled an Act to provide a homestead exemption from Towns County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of the homestead for residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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HB 784. By Representatives Hill of the 21st and Jerguson of the 22nd:
A BILL to be entitled an Act to authorize the governing authority of the City of Canton to levy an excise tax pursuant to subsection (b) of Code Section 4813-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 798. By Representative Lane of the 167th:
A BILL to be entitled an Act to create a board of elections and registration for Long 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 qualifications, terms, and removal of members; to provide for oaths and privileges; to provide for the board's performance of certain functions and duties for certain municipalities; to provide for related matters; to provide for submission of this Act 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 809. By Representatives O`Neal of the 146th, Harden of the 147th, Sellier of the 136th and Talton of the 145th:
A BILL to be entitled an Act to create the Warner Robins Public Facilities Authority; to provide for a short title; to provide for definitions; to provide for its purpose; to provide for its powers; to provide for the membership of the authority and their terms of office, qualifications, and compensation; to provide for the issuance and sale of revenue bonds and other obligations; to provide that such revenues and other obligations are not general obligations; to provide for trust indentures; to provide for the security for such revenue bonds and other obligations; to provide for refunding revenue bonds and other obligations; to provide for exemptions from taxation; to provide for tort immunity; to repeal conflicting laws; and for other purposes.
HB 812. By Representatives Mitchell of the 88th, Mosby of the 90th, Mayo of the 91st, Abrams of the 84th, Mangham of the 94th and others:
A BILL to be entitled an Act to amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3779), so as to change certain provisions relating to the compensation of the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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HB 830. By Representatives Neal of the 1st, Weldon of the 3rd and Dickson of the 6th:
A BILL to be entitled an Act to amend an Act providing a new charter for the City of Oglethorpe, approved April 1, 1996 (Ga. L. 1996, p. 3892), so as to provide for corporate boundaries; to repeal conflicting laws; and for other purposes.
HB 841. By Representatives Knight of the 126th and Lunsford of the 110th:
A BILL to be entitled an Act to create a joint county-municipal board of elections and registration for Butts County and provide for its powers and duties; to provide for the composition of the board and the method of appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the board's organization, powers, and duties; to provide for related matters; to provide an effective date; to repeal an Act approved April 6, 2004 (Ga. L. 2004, p. 3525); to repeal conflicting laws; and for other purposes.
The Senate has adopted the report #2 LC 18 8444ERS of the Committee of Conference on the following bill of the House:
HB 169. By Representatives Carter of the 159th, England of the 108th and Manning of the 32nd:
A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning water resources, so as to require the Department of Natural Resources to notify affected property owners and local governments whenever the Federal Emergency Management Agency provides legal notice under the federal National Flood Insurance Program of any new or revised flood elevations that are proposed for any property located in this state; to provide for the manner and contents of such notices; to provide for related matters; to repeal conflicting laws; and for other purposes.
The Senate has adopted the report # 2 LC 18 8421S of the Committee of Conference on the following bill of the House:
HB 261. By Representatives Stephens of the 164th, Dickson of the 6th, Hill of the 180th, Barnard of the 166th, Neal of the 1st and others:

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A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a limited period of time for the purchase of one eligible single-family residence; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:
SB 168. By Senators Unterman of the 45th, Johnson of the 1st, Heath of the 31st, Hooks of the 14th, Jackson of the 2nd and others:
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 change certain provisions regarding the filing of campaign disclosure reports by candidates for county office; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
SB 178. By Senators Moody of the 56th, Hill of the 4th and Weber of the 40th:
A BILL to be entitled an Act to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to capital outlay funds under the "Quality Basic Education Act," so as to embed and extend a sunset date of June 30, 2011, for provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to amend an Act approved May 6, 2008 (Ga. L. 2008, p. 288), an Act approved April 9, 2001 (Ga. L. 2001, p. 148), and an Act approved April 22, 1999 (Ga. L. 1999, p. 400), relating to the automatic repeal of provisions relating to advance funding, exceptional growth, and low-wealth capital outlay grants; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 29. By Representatives Jacobs of the 80th, Maddox of the 127th, Ramsey of the 72nd, Hatfield of the 177th, Lindsey of the 54th and others:
A BILL to be entitled an Act to amend Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, so as to provide for electronic service of pleadings subsequent to the original complaint; to provide for related matters; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE

HB 63. 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 for additional requirements and limitations regarding redevelopment and the issuance of certain bonds and obligations; to change the qualifications of redevelopment areas; to change certain provisions regarding loans for financing redevelopment costs; to change certain provisions regarding contracts for exercising redevelopment powers; to provide for the allocation of negative tax allocation increments; to require payment of negative tax allocation increments by developers; to change certain provisions regarding computation of tax allocation increments of districts and authorize expressly the use of school tax funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 189. By Representatives Butler of the 18th, Willard of the 49th and Golick of the 34th:
A BILL to be entitled an Act to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide legislative intent; to provide for child support collection options; to change provisions relating to payment of child support held by the Child Support Enforcement Agency of the Department of Human Resources; to provide for definitions; to provide for contract requirements; to provide for prohibited practices of private child support collectors; to provide for cancellation or termination of the contract; to provide for other remedies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
HB 251. By Representatives Morgan of the 39th, Kaiser of the 59th, Setzler of the 35th and Dawkins-Haigler of the 93rd:
A BILL to be entitled an Act to amend Part 13 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to organization of schools and school systems under the "Quality Basic Education Act," so as to provide that a public school student can attend any school in the local school system under certain conditions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 283. By Representatives Martin of the 47th, Harbin of the 118th, Oliver of the 83rd, Smith of the 113th and Willard of the 49th:

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A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions pertaining to certiorari and appeals to appellate courts generally, so as to change certain provisions relating to filing fees for appeals to the Supreme Court and the Court of Appeals; to amend Code Section 15-19-2 of the Official Code of Georgia Annotated, relating to the rules governing the board of examiners, expenses of the board, and the amount and disposition of examination fees, so as to change certain provisions relating to bar examination fees; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 318. By Representatives McCall of the 30th and Roberts of the 154th:
A BILL to be entitled an Act to amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of return for tax purposes of motor vehicles and mobile homes, so as to change certain provisions regarding the return of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 439. By Representatives O`Neal of the 146th and Stephens of the 164th:
A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for the comprehensive revision of income tax credits for business enterprises in less developed areas, employers providing approved retraining, business enterprises having qualified research expenses, base year port traffic, and taxpayers establishing or relocating headquarters into this state; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
HB 457. By Representatives Peake of the 137th, Cooper of the 41st, Horne of the 71st, Levitas of the 82nd, Lunsford of the 110th and others:
A BILL to be entitled an Act to amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to revise the definition of the term "disabled adult"; to provide that certain acts against disabled adults in long-term care facilities are unlawful; to provide for related matters; to repeal conflicting laws; and for other purposes.
HB 529. By Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th and others:

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A BILL to be entitled an Act to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exemptions; 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 16. By Representatives Levitas of the 82nd, Lunsford of the 110th, Wilkinson of the 52nd, Jerguson of the 22nd, Glanton of the 76th and others:
A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving wiretapping, eavesdropping, unauthorized surveillance, and related activities, so as to prohibit the electronic tracking of the location or movement of another person without such other person's consent; to provide for exceptions; to provide for punishment; 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: Hamrick of the 30th, Heath of the 31st, and Smith of the 52nd.
Representative Keen of the 179th moved that the House do now adjourn sine die, and the motion prevailed.
Pursuant to HR 565, adopted by the House and Senate, the Speaker announced the House adjourned sine die.

INDEX TO JOURNAL

OF THE

HOUSE OF REPRESENTATIVES

REGULAR SESSION

2009

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 and offenses; prenatal murder; define; provisions .........................................HB 1
AD VALOREM TAX Ad valorem tax exemption; certain charitable institutions; revise and change ...........................................................................................................HB 462 Ad valorem tax exemption; property constituting the inventory of a business; provide ..........................................................................................HB 482 Ad valorem tax exemption; property; provisions ...................................................HB 112 Ad valorem tax; bona fide conservation use property; revise certain provisions...................................................................................................HB 75 Ad valorem tax; certain historical information; change certain provisions ...........HB 240 Ad valorem tax; commercial highway vehicles not registered in Georgia; provisions............................................................................................................HB 106 Ad valorem tax; foreclosure sales; determination of fair market value; provide ......................................................................................................HB 498 Ad valorem tax; freeport exemption; change a definition......................................HB 409 Ad valorem tax; fund trauma care; provide - CA...................................................HR 162 Ad valorem tax; heavy-duty equipment motor vehicles; no tax except during year purchased; provide ................................................................HB 348 Ad valorem tax; heavy-duty equipment vehicles; provide partial exemption.............................................................................................................HB 318 Ad valorem tax; homestead exemption; disabled veterans; provisions..................HB 247 Ad valorem tax; homestead exemption; provisions ...............................................HB 461 Ad valorem tax; modernization and revisions of certain provisions; provide .................................................................................................................HB 483 Ad valorem tax; motor vehicles; certain disabled veterans; provide partial exemption .................................................................................................HB 520 Ad valorem tax; notice of changes made; require ....................................................HB 95 Ad valorem tax; property; change certain provisions.............................................HB 241
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6372

INDEX

Ad valorem tax; United States servicemembers killed in action; surviving spouses; increase homestead exemption..............................................................HB 407
Ad valorem tax; valuation and appeals procedures; provide - CA.........................HR 179 Ad Valorem Taxation; change factors to be considered in determining
fair market value of real property .......................................................................... SB 55 Ad Valorem; increase the amount of the state-wide homestead
exemption; specify terms/conditions of the exemption and the procedures.............................................................................................................. SB 83 Bringing Equity Statewide to Taxation Amendment; enact - CA..............................HR 2 County boards of equalization; property overvalued for tax purposes; provide remedy ....................................................................................................HB 399 County boards of tax assessors; appeal of assessments; comprehensive revision.................................................................................................................HB 587 County Boards of Tax Assessors; comprehensive revision of the appeal of assessments for ad valorem tax purposes....................................... SB 240 County or municipality; ad valorem tax; homestead exemption; authorize - CA......................................................................................................HR 369 County taxation; appraisers duties upon property; change certain provisions.............................................................................................................HB 304 Freedom of Ownership Amendment; enact - CA.......................................................HR 9 Homestead exemption; disabled veterans; surviving spouses or minors; provide................................................................................................HB 222 Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability ............................................... SB 75 Revenue and taxation; ad valorem tax; Georgia Trauma Trust Fund; provide .................................................................................................................HB 192 Revenue and taxation; method of assessing real property; comprehensive revision.................................................................................................................HB 517 Revenue and taxation; valuation increases of property; provide moratorium...........................................................................................................HB 233 Small Business and Jobs Protection Act of 2010; enact...........................................HB 18 Tax executions; collection of costs; change certain provisions..............................HB 645 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 446 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 447
ADJOURNMENT Adjournment; relative to...........................................................................................HR 17 Adjournment; relative to.........................................................................................HR 238 Adjournment; relative to.........................................................................................HR 565

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INDEX

6373

ADMINISTRATIVE PROCEDURE Georgia Administrative Procedures Act; change certain procedures; provide proposed rules...........................................................................................HB 15 Human Resources, Department of; policies or rules; loans, grants and benefits; provisions ................................................................................................HB 20
ADMINISTRATIVE SERVICES, DEPARTMENT OF Georgia Service-Disabled Veteran Business Enterprise Opportunity Act; enact .....................................................................................................................HB 196 Government; certain supplies, materials, agricultural products manufactured in this state; provide contractual/purchasing preferences............... SB 44 State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee .................................................. SB 194 State Purchasing; exempt certain purchases from having to go through Department of Administrative Services ............................................ SB 211 State purchasing; free market competition; provide...............................................HB 382 State purchasing; goods and services from correctional industries; revise certain provisions ......................................................................................HB 205 State Purchasing; prohibit certain companies that have certain business operations in Sudan to bid on/submit a proposal for state contract..................... SB 170
ADOPTION Option of Adoption Act; enact ...............................................................................HB 388 Proceedings; admit general public to hearings in juvenile court with certain exceptions ........................................................................................ SB 207
AGENCIES (See Named Agency or State Government)
AGRICULTURE Agriculture Commissioner; trademark; create .......................................................HB 232 Agriculture; farm to school program to promote Georgia-grown products; provide .................................................................................................................HB 847 Agriculture; preempt certain local ordinances; protect right to grow food crops; provisions ...........................................................................HB 842 Agriculture; preempt certain local ordinances; provisions.....................................HB 529 Agriculture; provide for an Agricultural Commodity Commission for Ornamental Plants; balloting.......................................................................... SB 152 Boll Weevil Eradication; definitions; assessments; penalties; change certain provisions....................................................................................... SB 43 Hambone Jam; official Georgia State BBQ Championship competition; recognize..............................................................................................................HR 778 Joint Equine Industry Study Committee; create .......................................................HR 78 United States Congress; support Georgia chicken growers; encourage.................HR 581

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6374

INDEX

AGRICULTURE, DEPARTMENT OF Agriculture Commissioner; trademark; create .......................................................HB 232 Agriculture; provide for an Agricultural Commodity Commission for Ornamental Plants; balloting.......................................................................... SB 152
AIRLINES AND AIRPORTS (See Aviation)
AIR POLLUTION Air quality; facilities emitting pentachlorophenol; emissions limitations; provisions.............................................................................................................HB 531 Natural Resources; provide costs to be covered by fee; compliance with state/federal clean air laws........................................................................... SB 198
ALBANY, CITY OF Albany-Dougherty County; consolidated and unified government; create............HB 800
ALCOHOLIC BEVERAGES Alcoholic Beverages; counties/municipalities; prohibition against sale within 100 yards of housing authority property; provide an exception................. SB 68 Alcoholic beverages; Georgia Alcoholic Beverages Code; change certain provisions.................................................................................................HB 353 Alcoholic beverages; issuance of licenses; revise certain provisions ....................HB 102 Alcoholic beverages; local authorization; Sunday sales; certain public stadiums; provide......................................................................................HB 104 Alcoholic beverages; local authorization; Sunday sales; provisions......................HB 138 Alcoholic beverages; local authorization; Sunday sales; provisions......................HB 352 Alcoholic beverages; Regional Economic Assistance Projects; retail license; provide...........................................................................................HB 661 Distilled spirits; state license requirements; identifying information; provide .................................................................................................................HB 115 Motor carriers; persons under 21; illegal to possess or consume alcohol while being transported; provide information ........................................HB 389 Sale of malt beverages; consumption on and off the premises; provisions............HB 604
ALIMONY AND CHILD SUPPORT Child Support; revise a definition; correct cross-references; provisions.............................................................................................................HB 145 Human Resources, Department of; duty to furnish information; prohibit ...............HB 81 Penal institutions; Department of Probation/Patrol Community Based Supervision; create......................................................................................HB 78 Private child support collection; definitions; provisions ........................................HB 189

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INDEX

6375

ALPHARETTA, CITY OF Ad valorem taxes; municipal purposes; increase homestead exemption ...............HB 633
ALTO, TOWN OF; reincorporate and provide new charter ...................................HB 724
AMBROSE, CITY OF; filling vacancies; revise method.......................................HB 590
AMERICUS, CITY OF Americus and Sumter County Hospital Authority; members; provide ..................HB 701
ANIMAL PROTECTION Animal protection; methods of euthanasia; provisions ..........................................HB 788
ANIMALS Animal protection; methods for euthanasia; training; provide...............................HB 606 Animal protection; methods of euthanasia; provisions ..........................................HB 788 Cockfighting; punishments; provisions ..................................................................HB 109 Congress; oppose legislation that interferes with state's ability to transport horses; request ..................................................................................HR 583 Family violence situations; protection for family pets; provide.............................HB 429 House Study Committee on Dangerous Dogs; create ............................................HR 625 Livestock; National Animal Identification System; no owner required to participate; provide............................................................................HB 699 Sales and use tax exemption; zoological institution; provide ................................HB 129 Stalking cases; protection orders; include animals; allow......................................HB 574 Uniform rules of the road; securing live animals in motor vehicles; require ..................................................................................................................HB 692 United States Congress; support Georgia chicken growers; encourage.................HR 581
APPEAL AND ERROR Judicial branch of government; financing and operations; revise provisions.............................................................................................................HB 283 Prosecuting attorneys; state's rights to appeal in criminal cases; provisions.............................................................................................................HB 600 Sexual offenders; classification; change and enact provisions...............................HB 571 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law............... SB 157 State court proceedings; first time; death sentence; change certain provisions.............................................................................................................HB 372 State courts; require payment of costs of an appeal; provisions ............................HB 324 Supreme Court and Court of Appeals; filing fees; change certain provisions.............................................................................................................HB 331

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6376

INDEX

APPELLATE COURT (Also, see Courts) Court of Appeals and Supreme Court; decisions; remove provisions - CA.............HR 73
APPROPRIATIONS AND FISCAL AFFAIRS Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts CA ................................... SR 1 General Appropriations Act; State Fiscal Year 2008 2009; change certain appropriations ..............................................................................HB 150 General Appropriations Act; State Fiscal Year 2008 2009; change certain appropriations ..............................................................................HB 151 General Appropriations; State Fiscal Year July 1, 2009 June 30, 2010..............HB 119 State Fiscal Year; July 1, 2009 June 30, 2010; make and provide appropriations ......................................................................................................HB 152 State Fiscal Year; July 1, 2009 June 30, 2010; make and provide appropriations ......................................................................................................HB 153 Supplemental Appropriations; State Fiscal Year July 1, 2008 June 30, 2009 ...............................................................................HB 118
ARREST OF PERSONS Public Safety, Department of; Motor Carrier Compliance Division; weight inspection; provide position.....................................................................HB 343 Warrants for arrest; persons who may issue warrants; provisions .........................HB 199
ASHBURN, CITY OF; levy an excise tax; authorize .............................................HB 624
ATHENS, CITY OF Athens-Clarke County Unified Government; ad valorem tax; school district; homestead exemption; provisions...............................................HB 434 Athens-Clarke County Unified Government; membership; provisions ...................HB 98 Athens-Clarke County Unified Government; municipal courts; provisions.............................................................................................................HB 502
ATKINSON COUNTY Staggered terms of office; provisions.....................................................................HB 795 James C. Moore Corridor; dedicate ........................................................................HR 292 Pearson, City of; filling vacancies; revise method .................................................HB 589
ATTORNEYS Elections; nonpartisan; district attorneys; provide .................................................HB 136 Georgia Supreme Court; urging to disbar or disallow admission to bar any attorney convicted of altering or backdating a legal document ......................HR 72 Judicial branch of government; financing and operations; revise provisions.............................................................................................................HB 283

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INDEX

6377

Prosecuting attorneys; state's rights to appeal in criminal cases; provisions.............................................................................................................HB 600
Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services ............................ SB 109
Supreme Court and Court of Appeals; filing fees; change certain provisions.............................................................................................................HB 331
AUDITS AND ACCOUNTS, DEPARTMENT OF State auditor; certain state or local government entities' failure to perform audits required by law; provide for effects ........................................HB 831
AUGUSTA, CITY OF Augusta-Richmond County Coliseum Authority; membership; change................HB 813
AVIATION Air facilities; procedure to acquire property for airport; provisions ......................HB 586 Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties .................................................................... SB 85 Major Airport Operations Act; create.....................................................................HB 644 Sales and use tax; repair of certain aircraft; sale of parts; provide exemption.............................................................................................................HB 116

B
BACON COUNTY Board of Commissioners; give chairperson a vote in event of tie; provide ...........HB 763
BAIL; BONDS AND RECOGNIZANCES Bonds and recognizances; electronic pretrial release and monitoring; provisions.............................................................................................................HB 306 Bonds or recognizances; professional bondsmen; provisions ................................HB 147 Bonds; interest and dividends received on bond funds; provisions .........................HB 35
BAKER COUNTY Board of elections and registration; create .............................................................HB 744 South Georgia Regional Information Technology Authority; change certain provisions.....................................................................................HB 710 South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit ..............................................................................HB 787

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6378

INDEX

BALDWIN COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294 Public Facilities Authority of the City of Milledgeville and Baldwin County Act ............................................................................................ SB 265
BANKING AND FINANCE Banking and finance; refund anticipation loans and checks; provide definitions ...............................................................................................HB 387 Commercial code; Uniform Commercial Code; conforming amendments; adopt.....................................................................................................................HB 451 Constitutional Tender Act; enact ............................................................................HB 430 Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipients.......................... SB 59 Financial institutions; protection of aged or incapacitated adults; provisions.............................................................................................................HB 636 Financial institutions; S.A.F.E. Mortgage Licensing Act of 2008; incorporate provisions..........................................................................................HB 312 Financial institutions; update definitions; provisions.............................................HB 141 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents............................................................................ SB 57 Income taxes; net capital gains excluded from state taxable income; provide .................................................................................................................HB 655 Local Government; newly created municipalities; change certain provisions............................................................................................................... SB 58 Mortgage lenders and brokers; escrow accounts; tax payments; provide method ....................................................................................................HB 398 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration........................... SB 97 The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts ....................................................................... SB 131
BARTOW COUNTY Edwin Price Hamilton Memorial Bridge; dedicate ..................................................HR 92 Levy an excise tax; authorize .................................................................................HB 750
BIBB COUNTY Levy an excise tax; authorize .................................................................................HB 804 Macon-Bibb County Water and Sewerage Authority Act; provide terms for members; federal preclearance............................................................. SB 280 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294

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INDEX

6379

BLECKLEY COUNTY; employment of certified accountant; authorize ..............HB 747
BLIND PERSONS (See Handicapped Persons)
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers........................................................................ SR 464 University System of Georgia; #1 DESTINATION FOR ENTREPRENEURS; request ..............................................................................HR 165 University System of Georgia; report institutional profile information; require ..................................................................................................................HB 647
BRANTLEY COUNTY Ad valorem taxes; homestead exemption............................................................... SB 270 Board of commissioners; advisory referendum election; provisions .....................HB 797 School District; ad valorem taxes for educational purposes; homestead exemption............................................................................................................. SB 269
BREMEN, CITY OF; provide new charter.............................................................HB 164
BROXTON, CITY OF; filling vacancies; revise method.......................................HB 588
BRUNSWICK, CITY OF Brunswick-Glynn County; Joint Water and Sewer Commission; create ...............HB 628
BRYAN COUNTY Board of Education; compensation of members; provide ......................................HB 577
BUDGET (See Appropriations and Fiscal Affairs)
BUILDINGS AND HOUSING Alcoholic Beverages; counties/municipalities; prohibition against sale within 100 yards of housing authority property; provide an exception................. SB 68 Buildings and other structures; Section 8 Housing Choice Voucher Program; give notice; provide .............................................................................HB 460 Buildings; Section 8 Housing Choice Voucher Program; owner give notice; provide .............................................................................................HB 716 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 244 Housing Authorities Law; certain past offenses; not disqualify applicants; provide .................................................................................................................HB 113 Industrialized buildings; comply with local ordinances and resolutions; provisions.............................................................................................................HB 516

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6380

INDEX

Sales and use tax; certain manufactured single-family structures; change manner and method .................................................................................HB 868
BULLOCH COUNTY; Board of elections and registration; create .......................HB 383
BUTTS COUNTY Joint county-municipal board of elections and registration; create........................HB 841
BYRON, CITY OF City administrator; provide.....................................................................................HB 682 Convention and Visitors Bureau Authority; composition of authority; change ..................................................................................................................HB 796

C
CALHOUN COUNTY Joe Bryan Highway; dedicate .................................................................................HR 561 South Georgia Regional Information Technology Authority; change certain provisions.....................................................................................HB 710 South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit ..............................................................................HB 787
CAMDEN COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294
CANDLER COUNTY Board of Commissioners; advisory referendum; provisions.............................................................................................................HB 660 Board of Commissioners; authority of board; change............................................HB 657 Metter-Candler County Airport Authority; minimum meeting requirements; modify provisions .........................................................................HB 366 State of Georgia property; certain counties; nonexclusive easements; authorize...............................................................................................................HR 279
CANTON, CITY OF; levy an excise tax; authorize ...............................................HB 784
CARNESVILLE, CITY OF; corporate boundaries; change ..................................HB 799
CARROLL COUNTY Roopville, Town of; sale of liquors; repeal certain provisions ..............................HB 690

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INDEX

6381

CARTERSVILLE, CITY OF; levy an excise tax; authorize .................................HB 748
CATOOSA COUNTY Clerk of Superior Court; increase allowance..........................................................HB 781 Public Works Authority; change composition........................................................HB 695
CAVE SPRING, CITY OF Glenn McCarver Smith III Memorial Bridge; dedicate .........................................HR 564
CELLULAR TELEPHONES Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use ............................................................................................................HB 21 Elections; conduct at polling places; text messaging or mobile devices; prohibit.................................................................................................................HB 548 Motor vehicles; cell phones; text messaging; prohibit use.......................................HB 23 Motor vehicles; wireless communication devices; provisions .................................HB 19
CHAPLAINS, HOUSE OF REPRESENTATIVES Alford, Pastor Bruce ............................................................................................. Page 257 Anderson, Pastor Robert....................................................................................... Page 330 Armstrong, Pastor Scott........................................................................................ Page 674 Bishop, Reverend David..................................................................................... Page 3061 Bloye, Pastor Brian................................................................................................... Page 1 Corbett, Reverend Monsignor Joseph ................................................................ Page 2508 Cox, Reverend Dellise .......................................................................................... Page 127 Crawford, Dr. A. Elaine...................................................................................... Page 3601 Finley, Ms. Jane.................................................................................................. Page 3001 Gary, Reverend Charles.......................................................................................... Page 48 Gillespie, Reverend Jack B. ................................................................................. Page 168 Grant, Pastor Kenny............................................................................................ Page 3931 Guthrie, Dr. Tony ................................................................................................. Page 227 Hatchett, Reverend Jason ................................................................................... Page 3530 Hearn, Reverend Scott ........................................................................................ Page 4190 Henderson, Dr. Sam.............................................................................................. Page 104 Hunt, Dr. Johnny................................................................................................... Page 279 Johnson, Pastor Kito ............................................................................................. Page 484 Jones, Pastor Reginald D. .................................................................................. Page 4940 Jordan, Pastor Dexter.......................................................................................... Page 3033 Long, Bishop Eddie ............................................................................................ Page 1058 Martin, Pastor Ralph............................................................................................. Page 395 McFarlan, Reverend Paul Anthony .................................................................... Page 1875 McKnight, Pastor Kelly ...................................................................................... Page 1204 Mills, Dr. Landson F., III...................................................................................... Page 306

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INDEX

Mitchell, Reverend Dennis W. ............................................................................ Page 353 Moody, Pastor Michael....................................................................................... Page 3871 Napier, Pastor Lindsey P. .................................................................................... Page 581 Nix, Reverend Jess................................................................................................ Page 199 Posey, Reverend Rhea ........................................................................................ Page 3487 Postell, Reverend Rick.......................................................................................... Page 442 Richardson, Pastor Wymann ................................................................................ Page 151 Statham, Pastor Richard C. .................................................................................. Page 632 Stephens, Dr. Wiley................................................................................................ Page 61 Stephenson, Reverend Tom................................................................................ Page 1393 Tate, Dr. Benny....................................................................................................... Page 87 Walker, Reverend Richard.................................................................................... Page 185 Walker, Reverend Robert H. ............................................................................... Page 243 Warnock, Reverend Raphel .................................................................................. Page 139 Washington, Pastor Leon.................................................................................... Page 1283
CHARITIES AND CHARITABLE SOLICITATIONS Charitable solicitations; accounting; revise certain provisions ..............................HB 863 Telephone service; unsolicited commercial facsimile messages; change certain provisions.....................................................................................HB 275
CHARLTON COUNTY Nonpartisan elections; provide ...............................................................................HB 731 Nonpartisan elections; provide ...............................................................................HB 733
CHEROKEE COUNTY State Court; additional judge; provide....................................................................HB 167 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294
CHILD ABUSE Domestic Relations/Social Services; sexual exploitation; expand the definition .......................................................................................................... SB 69 Social Services; provide access by certain governmental entities/persons to records concerning reports of child abuse; define a certain term...................... SB 79
CHILD CUSTODY (See Domestic Relations or Parent and Child)
CHILD SUPPORT (See Alimony and Child Support)
CHILDREN AND YOUTH (See Minors)

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6383

CHILDREN AND YOUTH ACT Community Health; authorized to obtain income eligibility verification from Revenue Department; Medicaid and PeachCare for Kids Program ........... SB 165 PeachCare for Kids Program; increase eligibility limit; provisions.......................HB 474
CIGAR AND CIGARETTE TAXES Black Market Cigarette Act; enact .........................................................................HB 585 Excise tax; cigarettes and loose or smokeless tobacco; increase amount ................HB 39 Tobacco products; excise tax; change certain provisions.......................................HB 355
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Civil practice; stay of discovery; provide...............................................................HB 414 Civil trials; appointment of special masters; provide ...............................................HB 73 Commencement and service of civil actions; service of process; revise provisions ..................................................................................................HB 545 Extraordinary writs; removal of superior court judge; provisions .........................HB 221 Georgia Civil Practice Act; attorney's fees and costs; provide for recovery; motion to dismiss under certain circumstances; definitions................ SB 108 Georgia Civil Practice Act; electronic service of pleadings; provisions..................HB 29 Habeas corpus procedure; filing a writ; change certain provisions........................HB 214 International education; Georgia colleges and universities; urge.............................HR 77 Private child support collection; definitions; provisions ........................................HB 189 State court proceedings; first time; death sentence; change certain provisions.............................................................................................................HB 372 Venue; uniform venue provisions; provide ............................................................HB 580
CIVIL PRACTICE ACT Civil practice; stay of discovery; provide...............................................................HB 414 Civil trials; appointment of special masters; provide ...............................................HB 73 Georgia Civil Practice Act; attorney's fees and costs; provide for recovery; motion to dismiss under certain circumstances; definitions................ SB 108 Georgia Civil Practice Act; electronic service of pleadings; provisions..................HB 29
CLARKE COUNTY Ad valorem tax; school district; homestead exemption; provisions.......................HB 449 Athens-Clarke County Unified Government; ad valorem tax; school district; homestead exemption; provisions...............................................HB 434 Athens-Clarke County Unified Government; membership; provisions ...................HB 98 Athens-Clarke County Unified Government; municipal courts; provisions.............................................................................................................HB 502

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INDEX

Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294
CLAYTON COUNTY Levy an excise tax; authorize .................................................................................HB 722 Office of sheriff transition; provide........................................................................HB 445 School System; ethics commission; revise provisions ...........................................HB 743 State Court; additional judge; provisions ...............................................................HB 811
CLAYTON JUDICIAL CIRCUIT State Court; additional judge; provisions ...............................................................HB 811
CLAYTON, CITY OF Clayton-Rabun County; Water and Sewer Authority; membership; provisions.............................................................................................................HB 670 Lake Spivey Parkway; designate............................................................................HR 641
COBB COUNTY Luke Dollar Highway; dedicate..............................................................................HR 739 Phyllis Heller Memorial Bridge; dedicate ..............................................................HR 443 State of Georgia property; certain counties; nonexclusive easements; authorize...............................................................................................................HR 279
COFFEE COUNTY Ambrose, City of; filling vacancies; revise method ...............................................HB 590 Broxton, City of; filling vacancies; revise method.................................................HB 588 James C. Moore Corridor; dedicate ........................................................................HR 292 Nicholls, Town of; filling vacancies; revise manner..............................................HB 592
COLLEGE PARK; levy an excise tax; authorize ...................................................HB 705
COLQUITT COUNTY; provide new charter .........................................................HB 737
COLUMBIA COUNTY Members of board of elections; revise term limitations.........................................HB 723
COLUMBUS, CITY OF County-wide government; meeting requirements; provide....................................HB 643 Levy an excise tax; authorize .................................................................................HB 642 Municipal Court of Columbus, Georgia; provide municipal court judges shall be elected on a nonpartisan basis ................................................................ SB 274

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6385

COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS Bobby Walden Highway; dedicate ...........................................................................HR 31 Dave S. Miller Memorial Bridge; dedicate ..............................................................HR 26 Donnie Dickens Memorial Highway; dedicate ......................................................HR 475 Doug Ferguson Memorial Bridge; dedicate ...........................................................HR 317 Edith C. Fulgham Memorial Bridge; dedicate........................................................HR 671 Edward A. Logan Memorial Bridge; dedicate........................................................HR 163 Edwin Price Hamilton Memorial Bridge; dedicate ..................................................HR 92 George W. Ford, Jr. Interchange; designate ...........................................................HR 241 Georgia Civil War Heritage Trails; designate ........................................................ SR 431 Glenn Brown Memorial Overpass; dedicate ..........................................................HR 607 Glenn McCarver Smith III Memorial Bridge; dedicate .........................................HR 564 Hinson Mosley Highway; dedicate.........................................................................HR 582 James C. Moore Corridor; dedicate ........................................................................HR 292 James Deen Road; honorary name of County Road 212; recognize ......................HR 830 James H. Chandler, Jr. Memorial Intersection; dedicate........................................ SR 176 Joe Bryan Highway; dedicate .................................................................................HR 561 Judge Richard S. (Stan) Gault Memorial Interchange; dedicate ............................HR 167 Lamar Mobley Memorial Barn; designate.............................................................. SR 333 Liberty Tree of Georgia; designate tulip poplar adjacent to Dalton City Hall............................................................................................................... SR 274 Phyllis Heller Memorial Bridge; dedicate ..............................................................HR 443 Pike County Veterans Memorial Highway; dedicate .............................................HR 473 Sgt. D.P. Land Memorial Bridge; dedicate ............................................................HR 441 Shi Gray Holmes Memorial Highway; dedicate.....................................................HR 472 State highway system; certain portions; dedicate...................................................HR 336 Tom Buck Parkway; dedicate.................................................................................HR 584 Trooper Tony M. Lumley Memorial Highway; dedicate .......................................HR 474 Veterans Boulevard; dedicate .................................................................................HR 440 W.F. Gay Memorial Connector; dedicate...............................................................HR 476 William R. and Mamie Steele Cook Memorial Bridge; dedicate...........................HR 242
COMMEND, ETC. 100 Black Women Empowerment Day at the state capitol; April 10, 2009; recognize ....................................................................................HR 913 2008 National Champions in Horse Management; commend................................HR 254 2nd Bravo 121st Battalion; 48th Brigade of the Georgia Army National Guard; commend...................................................................................HR 999 4-H Day at the state capitol; February 9, 2009; recognize .....................................HR 268 A Child is Missing; commend ................................................................................HR 657 Aaron, Stephen; commend .....................................................................................HR 865 Abbs, Mr. Wayne Edward; commend ....................................................................HR 974 Acree, Marisa K.; commend...................................................................................HR 423

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INDEX

Adams, Amanda Marie; commend.........................................................................HR 403 Adams, Don; commend ..........................................................................................HR 530 Adams, Lisa; Leadership McDuffie Board Member; commend ............................HR 836 Adams, Mrs. Pamela Badgerow; commend ...........................................................HR 812 Adams, Richard; commend ....................................................................................HR 527 Addiction Recovery Awareness Day at the state capitol;
January 15, 2009; declare ......................................................................................HR 39 Africa Day; March 30, 2009; recognize .................................................................HR 849 Africa World Museum and Center; certain conferences; recognize ......................HR 975 African American Business Enterprise Day; February 12, 2009;
recognize..............................................................................................................HR 270 Akin, Mrs. Sandy; commend ..................................................................................HR 359 Akin, Sandy; 2010 Jackson County High School Teacher of the Year;
commend..............................................................................................................HR 724 Alderman, Irish; commend .....................................................................................HR 838 Alderman, P.J.; commend.......................................................................................HR 862 Aldridge, Mr. George Francis; 90th birthday; recognize .........................................HR 93 Alexander de Groot, Eric; commend......................................................................HR 211 Alexander, Audrey; commend................................................................................HR 755 Alexander, Reverend Dr. Cameron Madison; commend .......................................HR 256 Alfred Ely Beach High School Chorus; commend.................................................HR 481 Allaire, Krystin Elizabeth; 2009 STAR Student; commend ..................................HR 933 Allen, Dr. Bruce Stuart; Claudia Fritsche; honor and invite to House...................HR 446 Allen, Dr. Bruce Stuart; honor................................................................................HR 604 Alpha Kappa Alpha Day at the capitol; February 16, 2009; recognize..................HR 301 Alpha Phi Alpha Fraternity, Incorporated; Georgia Director;
commend and invite to House .............................................................................HR 276 Alveraz, Mr. Francisco "Perry"; Alfredo's Italian Restaurant; commend ............HR 1066 Alzheimer's Awareness Day at the state capitol; March 9, 2009;
recognize..............................................................................................................HR 458 American Red Cross Month; March, 2009; recognize and invite
representatives to House ......................................................................................HR 608 Amerson, Mrs. Anne Dismukes; commend............................................................HR 307 Amerson, Tony; commend .....................................................................................HR 860 Anderson, Chief Jimmy; commend ........................................................................HR 957 Anderson, Dr. C.L.; commend ...............................................................................HR 275 Andrews, Alisha; commend ...................................................................................HR 756 Anger Management Awareness Week at the Capitol;
September 21-25, 2009; recognize ......................................................................HR 374 Angle, Dean Scott; commend .................................................................................HR 174 Antioch Baptist Church; bicentennial; recognize...................................................HR 598 Antionin, Mrs. Henrietta; commend.......................................................................HR 111 Arcade, City of; 100th birthday; recognize ............................................................HR 360

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6387

Argroves, Lucille; 85th birthday; celebrate............................................................HR 130 Ariail, Mr. Keith; commend ...................................................................................HR 972 Asher, Breianna; commend ....................................................................................HR 151 Atkinson, Lieutenant Colonel Bert M.; Georgia Aviation Hall of Fame;
commend..............................................................................................................HR 272 Atlanta Motor Speedway Day at the state capitol; March 5, 2009;
recognize..............................................................................................................HR 460 Atlanta Pet Rescue; commend ................................................................................HR 969 Auditory-Verbal Center, Incorporated; Debbie Brilling; commend
and invite to House ................................................................................................HR 24 Autry, Annaleise; commend ...................................................................................HR 431 Avondale Pizza Cafe; commend.............................................................................HR 596 Backus, Mrs. Denise; commend .............................................................................HR 357 Baggett, Mr. William Terrell "Terry"; commend...................................................HR 422 Bailey, Justin Tyler; commend ...............................................................................HR 389 Bales, Shona; commend .........................................................................................HR 528 Ball, Mr. Eddie; retirement; commend...................................................................HR 287 Barr, Ms. Anne; commend .....................................................................................HR 788 Barrett, Master Sergeant Martin Glenn; commend ................................................HR 621 Bass family; commend ...........................................................................................HR 818 Battle, Hazel; commend..........................................................................................HR 870 Beasley, Mr. G. Duke; commend ...........................................................................HR 707 Bell, Clayton Thomas; commend .............................................................................HR 80 Bell, Danny; AAA State Championship; commend...............................................HR 693 Bell, Mr. Tyler R.; legislative intern; commend ..................................................HR 1026 Bell, Sheriff Raymond R.; commend ...................................................................HR 1071 Bernhardt, Cadet Kevin H.; commend and invite to House ...................................HR 101 Berrien, Mrs. Henrice; commend ...........................................................................HR 929 Besson-Martilotta, Suzy; 2010 Forsyth County Elementary
Teacher of the Year; commend............................................................................HR 727 Bickerton, Ms. Laura "Molly"; commend and invite to House..............................HR 298 Biersmith, Melanie; commend ...............................................................................HR 514 Black Contractors Day in Georgia; February 5, 2009; declare ..............................HR 209 Blairsville Scottish Festival and Highland Games; commend ...............................HR 683 Blevins, Sarah; Margaret Barton; 2009 STAR Student and Teacher
of the Year; commend........................................................................................HR 1050 Bonacci, Cyndee; commend ...................................................................................HR 890 Boone, Mr. John Oscar; 90th birthday; honor ......................................................HR 1044 Bowers, Alan; commend ........................................................................................HR 858 Bowers, Lynn V.; commend.....................................................................................HR 61 Bowles, Mr. Steven Lewis; commend....................................................................HR 356 Bowlin, Connie; induction into Georgia Aviation Hall of Fame;
commend................................................................................................................HR 99

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Bowlin, Mr. Ed; Georgia Aviation Hall of Fame; commend .................................HR 273 Boy Scouts Day in Georgia; February 18, 2009; recognize and
invite designee to House ......................................................................................HR 299 Boynton-Cheyne, Ms. Merrill; commend...............................................................HR 635 Boys and Girls Club Day at the state capitol; March 27, 2009; recognize ............HR 685 Bradley, Dr. John "Doc", Sr.; 73rd birthday; celebrate........................................HR 1028 Bradley, Jr., Dr. Jesse E.; commend.......................................................................HR 897 Branch, Donna; commend ......................................................................................HR 871 Branscomb, Glenn Ryan; commend.......................................................................HR 537 Brantley, Dr. Robert; Wilkinson County High School
Teacher of the Year; commend............................................................................HR 450 Brantley, Suzanna; 2009 STAR Student; commend ..............................................HR 919 Braswell, Mrs. Debra Sue; commend.....................................................................HR 832 Brauner, Ms. Renate; commend .............................................................................HR 490 Brawner, Jimmy Casey; commend.........................................................................HR 393 Brentzel, Curtis "Blaine" III; commend .................................................................HR 666 Brescia, Mr. Billy; commend ...............................................................................HR 1015 Brewton, Mr. Philip; commend ..............................................................................HR 746 Brim, Nancy; commend............................................................................................HR 37 Briscione, Robert Barrett "Bo"; birth; celebrate.....................................................HR 895 Brooks, Miss Micenna; commend ..........................................................................HR 953 Brookwood High School Broncos baseball team; commend and invite to
House ...................................................................................................................HR 168 Broome, Candice Charles; commend .....................................................................HR 412 Brown, Ashley; commend ......................................................................................HR 546 Brown, Charlie; commend......................................................................................HR 251 Brown, Dr. Carlton E.; commend...........................................................................HR 720 Brown, George E.; commend ...................................................................................HR 58 Brown, Ralph; commend ........................................................................................HR 513 Brown, Sherri; Jeffersonville Elementary School Teacher of the Year
nominee; commend..............................................................................................HR 456 Brown, Sherrika; commend ....................................................................................HR 872 Brunson, Delia; commend ......................................................................................HR 757 Bryant, Ms. Martha; commend...............................................................................HR 500 Bufkin, Jacqueline S.; commend ............................................................................HR 439 Buford High School football team; commend and invite to House .......................HR 143 Buford High School Lady Wolves basketball team; AA State
Championship; congratulate ................................................................................HR 688 Buford High School Lady Wolves softball team; commend
and invite to House ..............................................................................................HR 142 Bullock, Russell A.; commend ...............................................................................HR 409 Burge, David James, Junior; commend ..................................................................HR 328 Burgess, Will; commend ........................................................................................HR 324

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6389

Burrell, Dr. Zeb L., Jr., M.D.; commend................................................................HR 348 Burrell, Vicki B.; 2009 Dublin City School System Teacher
of the Year; commend........................................................................................HR 1046 Business Executives for National Security; Georgia Business Force;
commend..............................................................................................................HR 658 Business Executives for National Security; Georgia Business Force;
commend and invite to House .............................................................................HR 652 Cairo High School Syrupmaker football team; commend and
invite to House .....................................................................................................HR 221 Campbell, Vicky; commend ...................................................................................HR 529 Cannady, Noelle; commend....................................................................................HR 350 Cano, David; commend and invite to the House ....................................................HR 887 Carnes, Mrs. Sarah Robertson; commend ..............................................................HR 605 Carter, Mrs. Annie; 80th birthday; celebrate..........................................................HR 572 Casey, Martha; commend .........................................................................................HR 50 Catholic Day; March 12; recognize and invite Arch Bishop
of Atlanta to House ..............................................................................................HR 588 Certain Masonic Lodge and Eastern Star; commend and invite to House .............HR 319 Chaffin, Emory; commend .....................................................................................HR 240 Chapman, Majorie; Bernd Elementary School Teacher of the Year;
commend..............................................................................................................HR 451 Charles, Dr. Cora; commend ..................................................................................HR 201 Chase, Jessica; 2009 Laurens County Teacher of the Year; commend................HR 1047 Child Fatality Review Panel of the Year; 2007; commend and
invite to House .....................................................................................................HR 183 Childs, Mr. William David; commend and invite to House...................................HR 123 China Day at the state capitol; March 17, 2009; recognize....................................HR 715 Choate, Brentley Eugene; commend ......................................................................HR 170 City of Moultrie; sesquicentennial anniversary; congratulate................................HR 911 Claffey, Michael; commend ...................................................................................HR 212 Clanton, Mattison Luke; commend ........................................................................HR 923 Clanton, Shadawn; commend .................................................................................HR 758 Clark, Mrs. Dana; commend...................................................................................HR 285 Clay, Mr. Mark and Mrs. Crystal; commend .........................................................HR 288 Clayton County Water Authority; commend and invite to House .........................HR 371 Clayton, Sam; commend.........................................................................................HR 711 Clergy Day; March 3, 2009; contributions of Georgia clergy; recognize..............HR 502 Cline, Ms. Marguerite; commend...........................................................................HR 250 Clouatre, Sydney Denis; commend ........................................................................HR 390 Cody-Brooks, Mrs. Ruby; 100th birthday; celebrate ...............................................HR 40 Coker, Dylan Lee; commend..................................................................................HR 107 Cole, Ms. Mendy; commend ..................................................................................HR 831 Coleman, Hannah Leigh; commend .......................................................................HR 385

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INDEX

Collins High School Wrestling Team; commend...................................................HR 237 Collins Hill High School wrestling team; commend............................................HR 1054 Collins, Honorable Doug; commend and invite to House........................................HR 20 Collins, Kyle; commend .........................................................................................HR 426 Columbus Day at the state capitol; March 10, 2009; recognize.............................HR 551 Columbus Stars youth basketball team; commend.................................................HR 856 Colvin, Ms. Claudette; Civil Rights Movement pioneer; commend ......................HR 696 Colwell, Kelli Allison; commend...........................................................................HR 384 Community Health Centers Day; February 10, 2009; recognize ...........................HR 243 Connell, Honorable Jerome "Jack", Jr.; 90th birthday; honor................................HR 695 Connelly, Lynne; 2008 Union Grove High School Teacher of the Year;
commend..............................................................................................................HR 815 Continental Societies, Inc.; commend ..................................................................HR 1072 Cook, Emily; Miss Cobb County 2009; commend ................................................HR 333 Cooper, Ms. Ann; 107th birthday; celebrate ..........................................................HR 207 Cordele-Crisp County Fish Fry; cooking team; recognize.....................................HR 261 Craddock, Mrs. Rania Hakim; commend ...............................................................HR 802 Crawford, Robyn B.; commend..............................................................................HR 421 Credit unions in United States; Georgia Credit Union League;
75th anniversary; recognize .................................................................................HR 555 Crosby, Christen; commend ...................................................................................HR 873 Crunkleton, Will Jeffery; commend .......................................................................HR 388 Cucolo, Major General Tony; commend and invite to House................................HR 373 Culbert, Angie; 2009 STAR Teacher; commend ...................................................HR 920 Cunard, Ms. Phyllis Barker; 70th birthday; honor ...............................................HR 1048 Currie, Mary; The Links, Incorporated; Southern Area Director;
Links Day; March 4; recognize ...........................................................................HR 550 Curry, Mr. Bill; commend ....................................................................................HR 1056 D.L. Gorham Club; commend ................................................................................HR 968 Dalrymple, MacKenzie; commend.........................................................................HR 754 Daniel, Ray; Wilkinson County Middle School Teacher of the Year;
commend..............................................................................................................HR 449 Daniels, Aneesah; commend ..................................................................................HR 760 Darden, John; commend .........................................................................................HR 415 Daugherty, Gage; Joel Warren; commend .............................................................HR 987 Davis, Juliana Rose; commend...............................................................................HR 978 Davis, Mr. Christopher Charles; commend ............................................................HR 615 Deep-Vein Thrombosis Awareness Day at the state capitol; March 19;
recognize..............................................................................................................HR 592 Deloach, Joseph; commend ......................................................................................HR 47 Delta Sigma Theta Sorority, Inc.; Iota Sigma Chapter; commend.......................HR 1083 Dennis, Angelica; commend...................................................................................HR 525 Denniss, Julia; Georgia Spelling Bee Champion; recognize..................................HR 826

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6391

Deshon, Erika; commend .......................................................................................HR 355 Desselle, Gwen; 2010 Colquitt County High School Teacher of the Year;
commend..............................................................................................................HR 730 DeVeaux, Bishop William Phillips; commend.......................................................HR 235 DeVille, Connie; 2009 Rome City Schools Teacher of the Year;
commend............................................................................................................HR 1039 DeWeerth, Abigail; Renfroe Middle School; commend ........................................HR 462 Dickinson, Josh; commend.......................................................................................HR 52 District 44 Day at the state capitol; March 25, 2009; recognize ...........................HR 639 Divine Performing Arts Chinese Spectacular; 2009; commend.............................HR 623 Divine Performing Arts; 2009 World Tour; recognize ..........................................HR 595 Dixie Speedway Day; May 23, 2009; recognize ....................................................HR 714 Dixon, Dylan; commend and invite to House ........................................................HR 182 Dixon, Mrs. Lola; commend...................................................................................HR 308 Dixon, Mrs. Lola; commend...................................................................................HR 367 DNC Executives, LLC; commend..........................................................................HR 679 Dodd, Alexandra Louise; 2009 STAR Student; commend ..................................HR 1036 Dodd, Alexandra; Mrs. Julia O. Dodd; 2009 STAR Student
and Teacher; commend......................................................................................HR 1038 Dodd, Julia; 2009 STAR Teacher; commend.......................................................HR 1037 Donalsonville, City of; Gateway to Lake Seminole; declare .................................HR 536 Donatucci, Kyle C.; Eagle Scout; commend ..........................................................HR 303 Douglas-Coffee County Economic Development Authority; commend................HR 257 Driftwood Garden Club; commend ........................................................................HR 485 Dublin High School boys basketball team; commend and invite to House ...........HR 734 Duluth Middle School; congratulate.......................................................................HR 539 Dunaway, Sheriff Kerry Milton; retirement; recognize .........................................HR 210 Duncan, Dr. Gloria; commend ...............................................................................HR 982 Dunlap, Ms. Kit; commend ....................................................................................HR 113 Dunn, Lieutenant Commander Grady Damon; retirement; commend ...................HR 687 Dupree, Mr. David M.; commend and invite to House ..........................................HR 587 Dwyer, Jonathan; Georgia Tech sophomore football player; commend................HR 118 Earth Hour; Saturday, March 28, 2009, from 8:30 P.M. to 9:30 P.M.;
recognize..............................................................................................................HR 716 Earth Hour; Saturday, March 28th, 2009, from 8:30 P.M. to 9:30 P.M.;
recognize..............................................................................................................HR 811 East Depot High School Class of 1969; commend ................................................HR 864 Ebenezer Baptist Church in Atlanta; recognize...................................................... SR 504 Ebenezer Baptist Church; Atlanta, Georgia; commend..........................................HR 638 Edington, Linda; commend ......................................................................................HR 57 Edwards, Chris; commend........................................................................................HR 60 Edwards, Gabrielle A.; commend...........................................................................HR 429 Edwards, Mr. Arby; commend .............................................................................HR 1082

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INDEX

Effingham County High School wrestling team; recognize...................................HR 654 Elam, Ashley; commend.........................................................................................HR 417 Ellijay Wildlife Rehab Sanctuary; Craig and Debbie Cylke; commend ................HR 852 Elliott, John; commend...........................................................................................HR 217 Ellison, Tyauna; commend .....................................................................................HR 753 Elrod, Alyssa Kristen; commend............................................................................HR 381 El-Sayed, Dr. Mostafa; National Medal of Science; commend ...............................HR 81 Emergency Management Agencies of Georgia; directors; commend
and invite to House ................................................................................................HR 79 Emergency Medical Services (EMS) Week; recognize .........................................HR 289 Emergency Medical Services Recognition Day; February 19, 2009;
recognize..............................................................................................................HR 286 Endometriosis Awareness Month in Georgia; March, 2009; recognize.................HR 346 Equine Youth Day at the state capitol; February 11, 2009; recognize...................HR 234 Escoe, Emily Kathryn; commend...........................................................................HR 386 Evans, Kelly; commend..........................................................................................HR 840 Evans, Nia; commend.............................................................................................HR 750 Falanga, Alex; commend ..........................................................................................HR 55 Fambro, Quortni; commend ...................................................................................HR 759 Faulkner, Dawn S.; 2009 STAR Teacher; commend ...........................................HR 1035 Faulkner, Dawn; 2009 STAR Teacher; commend ...............................................HR 1029 Faust, Christina Lynn; commend............................................................................HR 414 Feinberg, Mr. Ian; commend and invite to House..................................................HR 300 Ferguson, Mr. Gene; commend ..............................................................................HR 859 Fernbank Elementary School; chess team; congratulate ........................................HR 721 Fields, Mr. Frank; retirement; recognize ................................................................HR 603 Firefighters' Recognition Day; 37th annual; observe .............................................HR 159 First Presbyterian Day School girls basketball team; recognize ............................HR 798 Flowery Branch High School wrestling team; commend.......................................HR 694 Food Service Industry Day at the state capitol; February 3, 2009; declare............HR 188 Forestry Day at the Capitol; February 5, 2009; recognize .....................................HR 247 Fort Valley State University Lady Wildcats basketball team; commend ..............HR 691 Franklin, Honorable Shirley; Mayor of the City of Atlanta; recognize .................HR 670 Frey, Zach; commend .............................................................................................HR 637 Frey, Zach; commend .............................................................................................HR 655 Frey, Zachary; outstanding Georgia citizen; commend..........................................HR 718 Fuller, Mr. Mike and Mrs. Leila; commend ...........................................................HR 998 Gailey, Laura; commend ........................................................................................HR 524 Gainesville-Hall County Day; February 12, 2009; recognize ................................HR 291 Galloway, Percival; commend................................................................................HR 880 Garcia, Joshua; Michael Jenkins; commend...........................................................HR 985 Garner, Ms. Shelby; commend ...............................................................................HR 898 Garrett, Leigh; commend..........................................................................................HR 51

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6393

General Federation of Women's Clubs Day; April 24, 2009; recognize................HR 863 Generals; strong position on "don't ask, don't tell" policy; commend....................HR 580 Georgia 2012 Committee for the Republican National Convention;
recognize..............................................................................................................HR 786 Georgia Academy of Audiology Day at the state capitol;
February 24, 2009; declare ..................................................................................HR 284 Georgia Appalachian Center for Higher Education; official center;
recognize..............................................................................................................HR 645 Georgia Association of Black Women Attorneys Day at the state capitol;
June 1, 2009; commend .....................................................................................HR 1084 Georgia Association of Educators (GAE) Legislative Conference Day;
March 2, 2009; recognize ....................................................................................HR 467 Georgia Chapter of the Alexander Graham Bell Association
for the Deaf and Hard of Hearing; commend ....................................................HR 1040 Georgia Crisis Intervention Team; commend ........................................................HR 173 Georgia Dental Association; commend..................................................................HR 202 Georgia Farm Bureau Federation; commend and invite to House .........................HR 122 Georgia Golf Hall of Fame statues; display throughout Augusta; request...........HR 1001 Georgia Peach Festival; 2009 Georgia Peach Queens; commend
and invite to House ..............................................................................................HR 249 Georgia peanut industry; Peanut Butter and Jelly Day March 4, 2009;
recognize..............................................................................................................HR 496 Georgia Recreation and Park Association, Inc.; commend....................................HR 915 Georgia Rides to the Capitol Day; March 3, 2009; declare ...................................HR 246 Georgia Rural Health Association; Rural Health Day; February 19, 2009;
recognize..............................................................................................................HR 323 Georgia Salzburgers; 275th anniversary; celebrate and invite
Salzburger Society to House................................................................................HR 627 Georgia State Parks and Historic Sites Day; March 12, 2009; recognize ..............HR 560 Georgia State University's Legislative Health Policy Certificate Program;
commend..............................................................................................................HR 644 Georgia sustainable and environmentally friendly businesses and entities;
commend..............................................................................................................HR 248 Georgia Tech Band; 100th anniversary; commend ..................................................HR 86 Georgia Tech Research Institute; commend and invite to House ..........................HR 219 Georgia Tech; one-hundred years of architectural education; celebrate ................HR 819 Georgia Water Day at the state capitol; March 22, 2009; designate ......................HR 591 Georgia Water Use Registration Program; recognize ............................................HR 269 Georgia Youth Neighborhood Entrepreneur Day; July 11, 2009;
recognize..............................................................................................................HR 345 Georgia's Legacy; Older Women! (GLOW) and honorees; commend ..................HR 899 Georgia's Visitor Information Centers Program; recognize ...................................HR 894

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German federal government; home school; recognize rights of parents; request..................................................................................................................HR 850
Girl Scout Day at the state capitol; March 12, 2009; recognize.............................HR 448 Girls and Women in Sports Day; February 4, 2009; recognize .............................HR 225 Godsey, Dr. R. Kirby; commend............................................................................HR 888 Golden Isles Shag Club; Mr. Kennan Carter, owner of Ziggy Mahoney's;
commend..............................................................................................................HR 764 Gorman, Dr. Tanya; commend ...............................................................................HR 916 Goss, Christopher D.; commend.............................................................................HR 420 Goulding, John Randolph; commend .....................................................................HR 329 Grady, Mr. G. Mead, CCM; commend...................................................................HR 193 Graham, Angela Charlene; commend ....................................................................HR 432 Grant, Reverend Kenny; commend ........................................................................HR 192 Gratton, Edwin Howard (Buddy), Jr.; commend ...................................................HR 156 Gray, Ms. Betty; commend.....................................................................................HR 189 Gray, Ms. Donna; commend...................................................................................HR 325 Greer, Ms. Jennifer; commend ...............................................................................HR 981 Gresham, Mr. William J. "Johnny", Jr.; commend.................................................HR 790 Griffith, Allyn Francis; commend ..........................................................................HR 387 Grube, Dr. Bruce; retirement; commend and invite to House................................HR 181 Gunter, Mrs. G.G.; 90th birthday; honor................................................................HR 699 Gwinnett Choral Guild; 25th anniversary; recognize.............................................HR 501 Gwinnett County Day at the state capitol; February 25, 2009; recognize..............HR 377 Hahira Middle School; Georgia Lighthouse School to Watch in 2009;
commend..............................................................................................................HR 488 Hall, John; commend ..............................................................................................HR 960 Hall, Ms. Beverly; commend and invite to House .................................................HR 553 Hall, Robert; commend...........................................................................................HR 882 Hambrick, Jared Michael; commend......................................................................HR 378 Hammonds, Mr. Garfield, Jr.; commend................................................................HR 253 Hammons, Cail; commend .......................................................................................HR 48 Hammons, Matt; commend ....................................................................................HR 523 Hancock, Spc. Vincent; commend and invite to House .........................................HR 230 Hardman, Miss Chasity; Miss America Pageant; commend and invite to
House ...................................................................................................................HR 344 Harp, Samika T.; commend ....................................................................................HR 418 Harris, Mr. James; commend and invite to House .................................................HR 283 Harris, Mr. Kevin; 9th District Republican Party Chairman; commend................HR 851 Harrison, Mr. Dan; commend.................................................................................HR 977 Hartline, Ms. Julie; 2009 National School Counselor of the Year;
commend............................................................................................................HR 1059 Hartsfield-Jackson International Airport; world's most efficient;
commend..............................................................................................................HR 676

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6395

Harvey, David and Susan; commend .....................................................................HR 945 Hatcher, Ms. Carolyn K.; commend.....................................................................HR 1065 Haygood, Andrew M.; commend .............................................................................HR 49 Heath, Ms. Judy Patricia Colbert; retirement; recognize .......................................HR 570 Helgeland, Kelli Lynn; commend ..........................................................................HR 400 Henderson Middle School; contributions to education; commend .........................HR 44 Henderson, Michael; commend..............................................................................HR 480 Henderson, Mrs. Suzie; commend..........................................................................HR 938 Henderson, Wayne; firefighter; commend .............................................................HR 986 Hennessey, Ms. Amy; commend............................................................................HR 896 Henry County Day at the state capitol; February 25, 2009; recognize ..................HR 459 Henry, Ms. Jeannie "Sis" M.; commend.................................................................HR 662 Herring, Ms. Jennifer; commend..............................................................................HR 38 Hickory Grove Missionary Baptist Church; dedication service; recognize ...........HR 228 Hildreth, Bobby; commend ....................................................................................HR 846 Hill, Chef Jason; Wisteria Restaurant; recognize...................................................HR 736 Hill, Erin; commend ...............................................................................................HR 352 Hill, Patrick; commend...........................................................................................HR 519 Hixon, Mr. Wesley E.; commend ...........................................................................HR 239 Hoffman, Dr. Robin; commend ..............................................................................HR 902 Holcomb, Noel Z.; Georgia Department of Natural Resources
Commissioner; congratulate ................................................................................HR 543 Holcomb, Noel Z.; retirement; congratulate and invite to House ..........................HR 222 Holder, Mr. Eric H., Jr.; United States Attorney General; recognize.....................HR 780 Holmes, Mrs. Pamela K.; commend.......................................................................HR 833 Home Education Day at the state capitol; February 4, 2009; declare ....................HR 187 Hopkins, Sam; commend........................................................................................HR 979 Hornik, Sarah; commend ........................................................................................HR 149 Hoschton Fall Festival Committee; Hoschton citizens; world record;
commend..............................................................................................................HR 146 Hosea Feed the Hungry and Homeless; commend.................................................HR 954 Hospice Savannah, Incorporated; 30th anniversary; commend .............................HR 204 Hostilo, Mrs. Anne; retirement; recognize .............................................................HR 991 House Interns for the 2009 Regular Session; commend ........................................HR 795 House of Grace Health Care Clinic; Reverend Terrance Gattis;
commend founder ................................................................................................HR 722 Howard, Mr. Paul L., Jr.; Ms. Bettieanne C. Hart; commend..............................HR 1079 Howe, Debbie; Wells Elementary School Teacher of the Year; commend ...........HR 454 Hubert, Rae; commend ...........................................................................................HR 518 Huff, Mr. Bruce; commend ..................................................................................HR 1023 Hughes, Mrs. Mary Sallie Clark; 95th birthday; celebrate.....................................HR 106 Hutchins, Mr. Lawrence, Jr.; commend .................................................................HR 571 Importance of American made products and services; recognize ..........................HR 782

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6396

INDEX

Ingram, Mr. Earnest "Jack"; commend.....................................................................HR 96 International Children's Month; August; recognize ...............................................HR 900 International education; Georgia's colleges to promote importance;
encourage .............................................................................................................HR 302 Irvin, Jennifer Beckum; 2010 Toombs County High School
Teacher of the Year; commend............................................................................HR 723 Irvin, Mr. Ken; induction into Rome-Floyd Sports Hall of Fame;
commend..............................................................................................................HR 495 Irvin, Reverend Dr. Nathaniel, Senior; commend ..................................................HR 262 Ivanditti, Lydia; commend......................................................................................HR 515 Ivester, Megan Nicole; commend...........................................................................HR 398 Jackson, Barbara; commend ...................................................................................HR 509 James Deen Road; honorary name of County Road 212; recognize ......................HR 830 James, Mr. Royce; retirement; commend...............................................................HR 766 Jenkins, Ms. Helen D.; commend...........................................................................HR 197 Jenkins, Shelia; commend ......................................................................................HR 925 Jiles, Kimmiko; commend ......................................................................................HR 751 Johnson, Dr. Larry R.; retirement; recognize .........................................................HR 630 Johnson, Drew Austin; commend...........................................................................HR 436 Johnson, Honorable Joe "Slade"; commend...........................................................HR 314 Johnson, Mr. Choyce A.; commend .......................................................................HR 322 Johnson, Mr. Khalil; retirement; commend............................................................HR 943 Johnson, Paul; Georgia Tech head football coach; commend................................HR 117 Johnson, Randall; retirement; commend and invite to House....................................HR 6 Johnson, Sergeant Elijah; retirement; commend ....................................................HR 103 Johnson, Zachary Greg; 2009 STAR Student; commend ......................................HR 941 Johnson, Zachary Greg; 2009 STAR Student; commend ....................................HR 1031 Jones County Leadership Group 2009; commend..................................................HR 702 Jones, Anthony K.; commend.................................................................................HR 416 Jones, Assistant Fire Chief Ricky; commend.........................................................HR 959 Jones, Kristie; commend.........................................................................................HR 150 Jones, Lagaile; commend .......................................................................................HR 847 Jones, Mr. Canton; commend ...............................................................................HR 1075 Jones, Mr. Stanley S., Jr.; 60th birthday; recognize ...............................................HR 976 Jones, Mrs. Ella Springs; commend .......................................................................HR 747 Jones, Wyatt; commend..........................................................................................HR 216 Jonesboro High School Lady Cardinals basketball team; congratulate .................HR 709 Jonesboro High School Mock Trial team; commend and invite to House.............HR 185 Jordan, Dr. Liz; commend and invite to House......................................................HR 445 Justus, Eric Anthony; commend.............................................................................HR 148 Karanja, Dr. Benson M.; commend........................................................................HR 617 Keane, James Patrick; commend ............................................................................HR 383 Keep Georgia Beautiful program; commemorate ..................................................HR 318

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INDEX

6397

Kenn, Mr. Mike; commend ....................................................................................HR 263 Kidney Disease Prevention Month at the state capitol; March, 2009;
recognize..............................................................................................................HR 618 Kiernan, Reverend Monsignor R. Donald; recognize ............................................HR 738 Kilgore, Steve; commend .........................................................................................HR 53 King, Douglas Carlisle; commend..........................................................................HR 538 King, Mrs. Ila W.; retirement; commend ...............................................................HR 939 Kirk, Jeffery; 2009 STAR Teacher; commend.......................................................HR 934 Kirk, Jeffrey; 2009 STAR Teacher; commend.....................................................HR 1030 Klesko, Mr. Ryan; retirement from MLB; commend and invite to House ............HR 260 Kooyman, Mr. Mike; 80th birthday; honor ..............................................................HR 84 Kubit, Devin Philip; commend ...............................................................................HR 594 La Grotta Ristorante Italiano and owners Sergio Favalli and
Antonio Abizanda; recognize ..............................................................................HR 796 Lackey, Sr., Bishop Dr. Aaron B.; commend.........................................................HR 908 Ladhani, Asad; Gwinnett County Spelling Bee Champion; commend..................HR 194 LaFayette High School wrestlers; winning championships; commend .................HR 988 Laird and Galloway families; commend ................................................................HR 947 Lake Spivey Community, Inc., and Mr. James "Jim" Buckman; commend ..........HR 800 Lakeside High School boys soccer team; commend and invite to House..............HR 342 Lakeside High School; contributions to education; commend.................................HR 36 Lakeview Ft. Oglethorpe High School Academic Decathlon Team;
commend..............................................................................................................HR 964 Lambert, Mrs. Jean Brown; commend ...................................................................HR 743 Lambert, Sarah Marie; commend ...........................................................................HR 404 Lance, Marie and Bryan; award-winning dog, "Stitch"; commend .......................HR 484 Lang, Mark; Camden County Middle School Teacher of the Year;
commend..............................................................................................................HR 725 Lanier Canoe and Kayak Club, Incorporated; program; recognize .......................HR 312 Lassiter, Mr. Keith; retirement; commend .............................................................HR 804 Latz, Sarah; commend ..............................................................................................HR 54 Law Day; May 1, 2009; recognize .........................................................................HR 677 Lawson, Charlotte; Winder-Barrow High School's STAR Student;
commend..............................................................................................................HR 629 Leadership Atlanta Class of 2009; commend and invite to House ........................HR 102 Lee, Catherine; commend.......................................................................................HR 464 Lee, Mrs. Audrey Murphy; commend ....................................................................HR 992 Lee, Mrs. Lucy; commend....................................................................................HR 1042 Lemon family and W.D. Lemon and Sons Funeral Home; 50
years service; commend.....................................................................................HR 1053 Levetan, Mr. Steven; Senator Reynolds Man of the Year; commend....................HR 690 Levine, Dr. David L.; Distinguished Older Georgian for 2009; commend............HR 223

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INDEX

Levine, Dr. David L.; Distinguished Older Georgian; commend and invite to House ..............................................................................................HR 321
Lewis, Dr. Patricia J.; Notable Woman of Achievement; recognize....................HR 1080 Lewis, Michael; commend .....................................................................................HR 558 Lewis, Myke'la Lee; commend...............................................................................HR 761 Lightner, Christina Blythe; outstanding scholar; commend...................................HR 405 Lincoln, President Abraham; bicentennial anniversary of birth; recognize ...........HR 309 Lindsay, Mr. Sherman Richard; commend...........................................................HR 1043 Lipari, Ms. Catherine; educator; commend ............................................................HR 227 Lipscomb, Valerie; commend...................................................................................HR 63 Lithonia, City of; commend....................................................................................HR 568 Liuzzo, Ms. Viola; unsung heroes; honor.............................................................HR 1070 Livsey Elementary School; contributions to education; commend..........................HR 46 Llanes, Juan A.; commend......................................................................................HR 433 Local School Systems/Postsecondary Institutions; value of partnership;
recognize.............................................................................................................. SR 465 Locklear, Colonel James P.; commend ..................................................................HR 611 Lockwood, Alex; Billy Carlock; commend............................................................HR 996 Loganville Christian Academy varsity boys basketball; commend
and invite to House ..............................................................................................HR 531 Loganville High School baseball team; commend and invite to House.................HR 586 Long, Bishop Eddie L.; commend..........................................................................HR 620 Long, Dillon Charles; commend ............................................................................HR 396 Love, Mike; commend............................................................................................HR 841 Lovett High School boys lacrosse team; commend ...............................................HR 876 Lovett High School girls cross country team; commend .......................................HR 877 Lowery, Mrs. Sharon; retirement; commend..........................................................HR 131 Luke, Pamela; commend ..........................................................................................HR 56 Lundin, Lauren Elizabeth; commend .....................................................................HR 428 Luther, Fire Chief David; retirement; recognize ....................................................HR 958 Luv, Mr. Lav; commend.........................................................................................HR 364 Lynn, Major General George T.; commend ...........................................................HR 748 Lyons, Mr. Samuel A.; Georgia Aviation Hall of Fame; commend ......................HR 274 Macon Alumnae Chapter of Delta Sigma Theta Sorority, Inc. Day at the
capitol; April 26, 2009; recognize .......................................................................HR 914 Maddox, Joanie; commend.....................................................................................HR 516 Madison, City of; bicentennial; recognize..............................................................HR 126 Maiocco, Christian David; commend.....................................................................HR 970 Malone, Mr. Jack Davis; honor ..............................................................................HR 805 Malone, Rhonda; Redan High School Lady Raider basketball
team Head Coach; commend ...............................................................................HR 814 Manchew, Nina; Porter Elementary School Teacher of the Year;
commend..............................................................................................................HR 453

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6399

Mann, Miss Lindsey Marie; Georgia Watermelon Queen; commend ...................HR 643 Manufacturing industry; United States Congress legislative
efforts to invest; recognize...................................................................................HR 477 Marchand, Mr. Doug J.; commend.........................................................................HR 906 Marks, Mrs. Larris; commend ..................................................................................HR 98 Marsh, Gina; Heard Elementary School Teacher of the Year; commend..............HR 452 Martin, Mrs. Lori; commend ..................................................................................HR 351 Martin, Ms. Ellen Smith; 90th birthday; honor ......................................................HR 700 Mason, Sydney; commend .....................................................................................HR 752 Mathews & Maxwell, Incorporated; commend......................................................HR 224 Mathis, Evelyn; commend ......................................................................................HR 857 Maule, Leanne; 2009 Cartersville High School Teacher of the Year;
commend..............................................................................................................HR 732 Maxwell, Mrs. Minnie Lee Rainwater; 80th birthday; commend ........................HR 1000 Maxwell, William N.; commend ............................................................................HR 408 McBee, Evan Tyler; commend ...............................................................................HR 145 McCain, Jess and Nellie; 50th wedding anniversary; commend............................HR 783 McCain, Susan; 2009 STAR Teacher; commend...................................................HR 918 McConnell, Major Shannon Michael; commend ...................................................HR 231 McCown, Mrs. Margy; commend ..........................................................................HR 993 McCuin, Bryce; commend......................................................................................HR 526 McDaniel, Mr. Craig; commend.............................................................................HR 927 McDonald, Jr., Mr. Clarence "Pete"; commend .....................................................HR 930 McDonald, Mr. Phil; retirement; commend ...........................................................HR 361 McDonald, Mrs. Carol; commend..........................................................................HR 354 McDonald, Ryan M.; commend .............................................................................HR 437 McDowell, Amanda; Georgia Tech tennis player; commend ..................................HR 85 McDowell, Mr. Steven; commend .........................................................................HR 937 McEnery, Tim; commend.......................................................................................HR 869 McGraw, Dr. Robert; 2009 STAR Teacher; commend..........................................HR 935 McGraw, Robert, Jr.; 2009 STAR Teacher; commend ........................................HR 1033 McKenzie, Ms. Sabrina; GIFT program; commend...............................................HR 575 McLean, Elaina; Apalachee High School's STAR Student; commend..................HR 628 McWhorter, Joseph; 2009 STAR Student; commend ............................................HR 917 Meadows, Ms. Nell Katherine; 110th birthday; celebrate......................................HR 332 Medlin, Mrs. Monica Brown; commend ................................................................HR 956 Mercer, Mr. John Herndon; music icon; memory; celebrate..................................HR 203 Merriam, George; commend...................................................................................HR 215 Methadone Treatment Awareness Day; March 2, 2009; declare ...........................HR 124 Middle Georgia College Lady Warriors basketball team; commend.....................HR 891 Miklos, John L.; commend .....................................................................................HR 191 Miller Grove High School varsity boys basketball team; congratulate..................HR 823 Miller, Alex; Rich Stickler; commend ...................................................................HR 997

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6400

INDEX

Miller, Daniel; commend........................................................................................HR 353 Miller, Mr. Ralph Norton; commend......................................................................HR 198 Miller, Mrs. Stephanie Woods; 2009 session legislative chief of staff;
commend............................................................................................................HR 1067 Mills, Mr. Alex H.; recognize ................................................................................HR 614 Milton High School Debate Team; commend........................................................HR 808 Milton High School girl's lacrosse team; commend...............................................HR 119 Milton High School girls lacrosse team; commend and invite to House ...............HR 781 Mitcham, Mr. Timothy R.; commend.....................................................................HR 793 Morehouse College; 142nd anniversary; recognize ...............................................HR 315 Morgan County Middle School; commend ............................................................HR 125 Morgan, Fire Chief Tommy; commend..................................................................HR 186 Morgan, Robert A.; commend ................................................................................HR 406 Mosley-Jones, Ms. Linda; commend......................................................................HR 949 Motorcycle Safety Awareness Month; recognize...................................................HR 763 Mount Carmel Deliverance Center; commend.......................................................HR 689 Mount Carmel Deliverance Center; commend.......................................................HR 792 Mount Zion United Methodist Campground; 175th anniversary;
recognize..............................................................................................................HR 803 Muhammad, Ms. Rashida; commend .....................................................................HR 922 Murphy, Mr. Adam; commend...............................................................................HR 827 Murphy, Mr. Tom; Murphy's Restaurant; commend..............................................HR 669 Murray, Destiny LeAnn; commend........................................................................HR 413 Murray, Mr. Ted; commend .....................................................................................HR 42 Murrell, Mrs. Cherrie Gaines Watkins; 100th birthday; honor ............................HR 1062 Museum of the Terracotta Warriors and Horses; others; recognize.......................HR 590 NAACP; 100th anniversary; commend..................................................................HR 196 Nagawa, Rita C.; commend ....................................................................................HR 434 Nasworthy, Mrs. Karen; commend.........................................................................HR 737 National Association for the Advancement of Colored People; commend............HR 556 National Association of Securities Professionals; commend .................................HR 116 National Black MBA Association, Inc.; commend ................................................HR 692 National Council of Negro Women, Incorporated; commend .................................HR 90 National Economics Challenge; 2009 Starr's Mill High School winners;
commend............................................................................................................HR 1049 National Federation of Independent Business in Georgia; commend ....................HR 465 National Foundation for Women Legislators; National Association
Attorneys General; others; recognize ..................................................................HR 478 National Foundation for Women Legislators; others; recognize ...........................HR 640 National Guard Day; March 5, 2009; Major General William T. Nesbitt;
commend and invite to House .............................................................................HR 674 National Organization of Black Elected Legislative Women;
National Leadership Institute; commend.............................................................HR 479

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INDEX

6401

National Railway Historical Society; Atlanta Chapter; 50th anniversary; recognize..............................................................................................................HR 660
National Wear Red Day at the State Capitol; February 6, 2009; recognize...........HR 245 Neufeldt, Whitney; Winder-Barrow High School's STAR Student;
commend..............................................................................................................HR 632 Newnan Reading Circle; 100th anniversary; commend.........................................HR 486 Newton, Amanda Nicole; commend ......................................................................HR 425 Norman, Kendall Hunter; commend ......................................................................HR 401 Norris, Mr. Donald H.; commend.............................................................................HR 43 Norton, Ethan Brent; commend..............................................................................HR 160 Nutrition Month at the state capitol; March, 2009; recognize................................HR 910 Obama, President Barack; Georgia Legislative Black Caucus;
honorary member; recognize ...............................................................................HR 673 Oconee Enterprise; 125 years of public service; commend .................................HR 1061 Olguin, Hector; commend ......................................................................................HR 419 Omega Psi Phi Fraternity, Inc., Day; March 25, 2009; commend
and invite to House ..............................................................................................HR 610 Omega Psi Phi Fraternity, Inc.; commend and invite to House .............................HR 609 Onabanjo, Mr. Godwin Olajide; commend ............................................................HR 258 O'Neal, Mr. Michael; commend .............................................................................HR 879 Operation Boot Camp; commend ...........................................................................HR 791 Organization for Military Education in Georgia (OMEGA); commend ................HR 366 Orr, Mr. John; Mr. Paul DiGiroiamo; commend..................................................HR 1022 Osal Evans Pathway Center; commend................................................................HR 1041 Owens, David S.; commend ...................................................................................HR 430 Page, Carol; Jeffersonville Elementary School Teacher of the Year
nominee; commend..............................................................................................HR 455 Paige, Kierra; commend .........................................................................................HR 770 Parent University; commend ..................................................................................HR 482 Partnership for Health and Accountability (PHA); commend ...............................HR 127 Pasko, Quentin; commend ......................................................................................HR 358 Patriots Day at the state capitol; April 19; recognize .............................................HR 924 Patterson, Mr. Brice; commend..............................................................................HR 951 Paulding County High School JROTC Raiders Recon Team; commend ..............HR 158 Payne, Jackie; 2009 STAR Teacher; commend .....................................................HR 936 Peanut Proud Day Expo; commend........................................................................HR 633 Pearson, Krista; 2010 Lowndes County High School Teacher
of the Year; commend..........................................................................................HR 729 Performance Based Principal Certificate Renewal Design Team; establish .......... SR 466 Perkins, Avelia B.; commend ...................................................................................HR 59 Perry, Tyler; "Madea in the House"; commend and invite to House .....................HR 585 Peterson, Don and Laure; 60th wedding anniversary; recognize .............................HR 41 Peterson, Dr. Robert D.; commend.........................................................................HR 866

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6402

INDEX

Pettingill, Jonathan R.; commend...........................................................................HR 410 Pharmacy Day at the state capitol; February 18, 2009; declare ...............................HR 82 Phi Beta Sigma Fraternity; commend.....................................................................HR 311 Phillips, Christopher; commend .............................................................................HR 213 Phillips, Marty; commend ......................................................................................HR 522 Phoenix School; commend .....................................................................................HR 306 Pickens, Lenwood; commend.................................................................................HR 508 Police chiefs; heads of law enforcement; commend ..............................................HR 172 Poole, Prophet Raymone, Sr.; commend................................................................HR 375 Poole, Richard Michael; commend ........................................................................HR 380 Pooler, Mr. Thomas "Ted"; commend..................................................................HR 1058 Porter Elementary; Reaching for Excellence on Academic and
Creative Horizons (REACH) students; commend...............................................HR 705 Porter, Cadet Captain Earl III; commend and invite to House...............................HR 100 POW MIA Recognition Day at the state capitol;
Friday, September 18, 2009; recognize ...............................................................HR 708 Praters Inc.; commend ............................................................................................HR 983 Pressley, Amy Kristin; commend...........................................................................HR 397 Price, Ms. Joann; commend....................................................................................HR 855 Professional Association of Georgia Educators; PAGE Day on Capitol
Hill; recognize......................................................................................................HR 326 Puff, Sharlie M.; 2009 STAR Student; commend ..................................................HR 946 Puff, Sharlie M.; 2009 STAR Student; commend ................................................HR 1032 Pulos, Hilary Larissa; honor ...................................................................................HR 208 Purcell, Paul and Doris; 50th wedding anniversary; commend .............................HR 921 Rafferty, Jax Gabriel; birth; celebrate ....................................................................HR 577 Ragin, Mrs. Gloria M.; commend...........................................................................HR 744 Rahn, Dr. Daniel W.; accomplishments; honor......................................................HR 952 Rahn, Dr. Daniel W.; commend ...........................................................................HR 1027 Ray, Ms. Mildred; 100th birthday; celebrate..........................................................HR 867 Reese, Mr. Benjamin Charles; commend ...............................................................HR 861 Reid, Greg; commend.............................................................................................HR 597 Renfroe Middle School climate change project participants; congratulate............HR 661 Republic of China (Taiwan); democracy; relations with United States;
commend..............................................................................................................HR 554 Ressler, Mr. Joseph; legislative aide; commend ..................................................HR 1068 Reynolds, Bernard; Ellen Williams; congratulate ..................................................HR 304 Rhoads, Mark; commend........................................................................................HR 407 Rice, Charles Jerry; 80th birthday; honor...............................................................HR 331 Richardson, Dr. Randy; Berry College Forensics Team; commend
and congratulate...................................................................................................HR 963 Rickerd, Honorable Martin; British Consul General; commend............................HR 507 Ridgeland High School football team; commend ..................................................HR 989

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6403

Riggs, Mr. Jack; Writers Institute of Georgia Perimeter College; recognize............................................................................................................HR 1076
Rigsby, Michele; 2010 Columbia County Elementary School Teacher of the Year; commend............................................................................HR 728
Ritchason, Bob; commend......................................................................................HR 517 Rizner, Jason; commend...........................................................................................HR 65 Roach, Mr. Jonathan William; commend...............................................................HR 541 Roberts, Angie; commend ......................................................................................HR 881 Roberts, Dr. Philip Lee, M.D.; honor .....................................................................HR 175 Robinson, Angela; Wilkinson County Primary School Teacher
of the Year; commend..........................................................................................HR 461 Robinson, Ms. Lithangia S.; Senior Week in her memory;
February 24, 2009; honor ....................................................................................HR 447 Roden, Tereon; 2009 STAR Student; commend ..................................................HR 1034 Rogers, Brett M.; commend ...................................................................................HR 427 Rogers, Hope; commend ........................................................................................HR 835 Ross, Mrs. Evelyn D.; commend............................................................................HR 745 Ross, Ms. Earmie L.; 91st birthday; honor.............................................................HR 749 Rossville Downtown Development Authority; commend .....................................HR 973 Rowland, Trudy; commend ....................................................................................HR 520 Royal, Honorable Richard; commend ....................................................................HR 710 Roye, Joshua; commend .........................................................................................HR 967 Rueffert, Mr. Hans; commend ................................................................................HR 853 Ruhling, Stephen Victor; commend .......................................................................HR 327 Russell, Jonathan James; commend........................................................................HR 392 Russell, Sylvia; commend ......................................................................................HR 667 Rutkowski, Sheron; commend................................................................................HR 874 Ryles, Dr. Roger "Bo" Coleman, Jr.; commend.....................................................HR 252 Samuels, Ella Mae; commend ................................................................................HR 843 Sanders, Mr. Dennis; commend .............................................................................HR 549 Savannah Arts Academy's Silver Winds Ensemble, Still Waters
Ensemble; and SkyeLite Jazz Band; commend ...................................................HR 794 Savannah College of Art and Design; opening new campus
in Hong Kong; recognize.....................................................................................HR 576 Schabort, Krige and Caron; United States Citizenship; commemorate ...............HR 1074 Schleifer, John "William"; commend .....................................................................HR 411 Schlesser, Tom; commend........................................................................................HR 68 Schmidt, Mrs. Dorothy; 95th birthday; celebrate ...................................................HR 656 Schwartz, Mrs. Janet; commend.............................................................................HR 349 Scott, Mrs. Jewel; Notable Woman of Achievement; recognize..........................HR 1073 Scruggs, Mrs. Andrea; retirement; commend.........................................................HR 909 Sears, Chief Justice Leah Ward; retirement from Supreme Court
of Georgia; commend ..........................................................................................HR 719

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INDEX

Sears, Chief Justice Leah Ward; retirement; recognize and invite to House ...............................................................................................................HR 626
Sears, Mr. H. Frank, Jr.; commend.........................................................................HR 762 Sellers, Major James; commend.............................................................................HR 602 Senior Week at the Capitol; week of February 24, 2009; recognize......................HR 232 Shelton, Lieutenant Colonel Earnest A.; Georgia Aviation Hall of Fame;
commend..............................................................................................................HR 271 Sheppard, Mr. Ralph E.; commend and invite to House ........................................HR 297 Shipkoski, Mr. Jack; retirement; recognize ............................................................HR 569 Short, Sergeant First Class Scott; commend and invite to House ..........................HR 296 Shurtz, Nicholas Wayne; commend .......................................................................HR 395 Shuttlesworth, Reverend Fred L.; commend ..........................................................HR 108 Siddons, Miss Maggie; high school graduation; commend......................................HR 45 Simpson, Ashley Danielle; commend ....................................................................HR 399 Simpson, Mr. Anthony; legislative intern; commend ............................................HR 903 Sitherwood, Suzanne; commend ............................................................................HR 668 Skin Cancer Awareness Day at the state capitol; February 25, 2009;
recognize..............................................................................................................HR 365 Skin Cancer Awareness Foundation; Save Our Skin 5K Run/Walk event;
commend..............................................................................................................HR 904 Slosheye Trail Big Pig Jig; commend ....................................................................HR 829 Smith, Craig; commend ..........................................................................................HR 512 Smith, Deen Justin; commend ................................................................................HR 682 Smith, Miriam; commend.......................................................................................HR 834 Smith, Mr. Le Kevin; commend...........................................................................HR 1002 Smith, Mr. Willie Roscoe; 87th birthday; celebrate...............................................HR 542 Smith, Mrs. Judy; commend...................................................................................HR 129 Smith, William Don; commend................................................................................HR 69 Smoke on the Water BBQ and Bluegrass Festival; recognize ...............................HR 169 Solis, Mrs. Hilda; United States Secretary of Labor; commend ..........................HR 1081 South Atlanta High School boys basketball team; congratulate ............................HR 889 South Cobb High School Marching Band; commend and invite to House..............HR 19 Southern Christian Leadership Conference Weekend;
February 27-28, 2009; recognize.........................................................................HR 503 Southland Academy High School Raiders swim team; commend
and invite to House ..............................................................................................HR 320 Southwest DeKalb High School girls basketball team; congratulate...................HR 1025 Spalding County 4-H program and Project S.A.F.E. participants;
commend..............................................................................................................HR 944 Spencer, Hayley Adele; commend .........................................................................HR 394 Sportsmen's Day at the Capitol; January 15, 2009; recognize .................................HR 94 Sportsvisions; producers Mr. Dale Williams and Mr. D.J. Jones;
commend..............................................................................................................HR 362

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6405

St. Benedict the Moor Catholic Church; commend..............................................HR 1013 St. Lawrence, Sheriff Al; 50 years of law enforcement; commend .........................HR 34 St. Patrick's Day Parade Committee; members; commend and
invite to House .....................................................................................................HR 444 St. Patrick's Day Parade Committee; Savannah Georgia; commend
and invite to House ..............................................................................................HR 343 St. Paul United Methodist Church; commend ........................................................HR 600 Stewart, Lynda; commend ......................................................................................HR 839 Stewart, Mrs. Mary D.; commend ..........................................................................HR 678 Stinson, Mr. Anthony; contributions to education; commend .................................HR 35 Stowers, Dr. Charlotte; commend ..........................................................................HR 971 Studdard, Cathy; commend ....................................................................................HR 980 Sullivan, David Fritz III; commend........................................................................HR 828 Tan, Dr. Josephine; commend ................................................................................HR 305 Tarbutton, Mr. Charles K.; commend.....................................................................HR 784 Taylor, Abigail Ann; commend..............................................................................HR 402 Taylor, Evealene; 2010 Jeffersonville Elementary Teacher of the Year
nominee; commend..............................................................................................HR 457 Taylor, Frank; commend ........................................................................................HR 701 Taylor, Mrs. Ginger; commend ..............................................................................HR 942 Teems, Mr. J. Larry; commend ..............................................................................HR 912 Terrell Academy football team; commend and invite to House.............................HR 372 Terrell Academy Lady Eagles basketball team; commend and
invite to House .....................................................................................................HR 589 Terrell, Mr. Irvin Thomas; commend.....................................................................HR 822 Terry, Ms. Leslie Miller; Notable Woman of Achievement; recognize...............HR 1014 Thanki, Nancy; Heather Solomon; commend ........................................................HR 990 The Walker School boys soccer team; commend...................................................HR 266 The Walker School girls soccer team; commend ...................................................HR 265 The Walker School girls tennis team; commend....................................................HR 267 Theus, Kenzie; commend .......................................................................................HR 799 Thomas, Henry Charles "Chase"; commend ..........................................................HR 950 Thompson, Jay; commend ........................................................................................HR 62 Thompson, Matthew W.; Allen Strong; commend ................................................HR 995 Thompson, Matthew; commend .............................................................................HR 214 Thompson, Mr. Joe Lee; commend ......................................................................HR 1077 Thompson, Mrs. Phyllis; retirement; commend .....................................................HR 199 Tillman, Mr. Gary; induction to Rome-Floyd Sports Hall of Fame;
recognize..............................................................................................................HR 505 Tipton, Mr. Jerry; retirement; commend ..............................................................HR 1051 Todd, Tiffany; 2010 Bulloch County High School Teacher of the Year;
commend..............................................................................................................HR 731 Tompkins, Mr. Leon; commend .............................................................................HR 741

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6406

INDEX

Touchton, Jim and Cecilia; commend ....................................................................HR 825 Tourism Day at the state capitol; January 27, 2009; declare..................................HR 115 Townsend, Lauren; commend ................................................................................HR 382 Traveler's Rest Baptist Church; recognize .............................................................HR 878 Trenton First Baptist Church in Dade County; commend....................................HR 1063 Trethewey, Professor Natasha; Emory University; commend ...............................HR 767 Tricoli, Dr. Anthony; commend .............................................................................HR 901 Tucker High School football team; commend and invite to House .........................HR 18 Tucker, Lisa; commend ..........................................................................................HR 844 Tuller, Susan; commend ...........................................................................................HR 64 Turner Theological Seminary; commend ...............................................................HR 236 Tuten, Mr. Grover; commend and invite to House.................................................HR 184 Twiggs County Leadership Group 2009; commend ..............................................HR 703 Union Grove High School NJROTC rifle team; commend....................................HR 817 Universal Peace Federation; commend ..................................................................HR 226 University of West Georgia Coed Cheerleading Team; commend
and invite to House ..............................................................................................HR 141 Valdez, Mrs. Martha Gonzales; commend .............................................................HR 742 Van Es, Mr. Jim; induction to Rome-Floyd Sports Hall of Fame;
recognize..............................................................................................................HR 504 Vaughn, Kenneth Lee; commend ...........................................................................HR 438 Veal, Diane; commend ...........................................................................................HR 521 Veterinary Medicine Day at the state capitol; February 5, 2009; declare ................HR 33 Vienna International Exchange; commend.............................................................HR 489 Vinson, Zakiyya; commend....................................................................................HR 769 Vollmer, Shana; commend .......................................................................................HR 66 Walker, Olydia; commend......................................................................................HR 768 Walker, Steven; commend......................................................................................HR 965 Wallace, Dr. Betty Joe; commend ..........................................................................HR 631 Wallace, Mr. Ronnie; commend.............................................................................HR 931 Waller, Terrence; commend ...................................................................................HR 511 Walton, Dennis, Jr.; commend ..............................................................................HR 681 Walton, Sara; commend..........................................................................................HR 376 Ward, Hannah; commend .......................................................................................HR 147 Warrior Family Program; commend.......................................................................HR 171 Washington Park; Atlanta, Georgia; 90th anniversary; recognize .........................HR 491 Water Well Standards Advisory Council; commend .............................................HR 559 Welborn, Mrs. Jean; retirement; recognize ............................................................HR 816 Welch, Honorable James R. "Bump"; commend ...................................................HR 128 West Area County on Aging; Harriet G. Darnell Senior Multipurpose
Facility; commend ...............................................................................................HR 463 West, Mrs. Debi; commend ....................................................................................HR 469 Westminster High School boys cross country team; congratulate .........................HR 665

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INDEX

6407

Westminster High School girls volleyball team; congratulate ...............................HR 664 Wheat Street Baptist Church; commend ................................................................HR 636 Wheeler, William; commend..................................................................................HR 379 White, Lowell, III; commend .................................................................................HR 510 White, Mr. Ralph; commend ..................................................................................HR 926 White, Victoria; commend .....................................................................................HR 424 White, William MacLellan; commend .................................................................HR 1045 Whitfield, Barry; commend ....................................................................................HR 845 Whithear, Ms. Kay; commend................................................................................HR 310 Whitley, Mr. Frederic J.; commend........................................................................HR 932 Wilkerson, Mr. David; commend ...........................................................................HR 893 Wilkinson County Leadership Group 2009; commend..........................................HR 704 Williams, Allison; commend ....................................................................................HR 67 Williams, Lieutenant David; commend..................................................................HR 948 Williams, Mr. Benjamin F.; commend ...................................................................HR 634 Williams, Mr. David, Jr.; commend .....................................................................HR 1064 Williams, Mrs. Andrea Bowers; commend ............................................................HR 573 Wilson, Dr. Mark; National Principal of the Year; commend
and invite to House ..............................................................................................HR 144 Wilson, Mark; Will Schofield; Cathy Geis; Julie Hartline; Beverly Hall;
commend..............................................................................................................HR 813 Wilson, Mr. Benjamin; commend ..........................................................................HR 540 Wilson, Ms. Ashlie Margaret; commend................................................................HR 706 Winger, Ms. Kristi; legislative intern; commend ...................................................HR 892 Winslow, Amanda; commend ................................................................................HR 233 Wofford, Sheriff Billy; retirement; commend........................................................HR 200 Wolfram, Laurissa Joy; commend..........................................................................HR 435 Women's History Month at the state capitol; March, 2009; recognize ..................HR 717 Wood, Katie; 2010 Marietta City Middle School Teacher of the Year;
commend..............................................................................................................HR 726 Wood, Mrs. Tammy Guthrie; commend ................................................................HR 807 Wooten, Mr. Jim; retirement; commend ..............................................................HR 1078 Wright, Corporal Curtis; commend ........................................................................HR 466 Wright, Ms. Paula Carol; commend .......................................................................HR 765 Yates, Pam; commend ............................................................................................HR 837 Yin, Yi; commend ..................................................................................................HR 468 Young Marines of Rome Georgia; commend.........................................................HR 928 Young, Alexander Nelson; commend ....................................................................HR 330 Young, Micky; commend .......................................................................................HR 842 Youngerberg, Thomas; commend ..........................................................................HR 966 Youth Safety Month; May; recognize ....................................................................HR 940 Zegers, Mr. Woodrow; commend...........................................................................HR 264

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6408

INDEX

Zeigler, Mrs. Martha O.; commend........................................................................HR 785 Zhuno, Maria Isabel; commend..............................................................................HR 391
COMMERCE AND TRADE Antifreeze; include aversive agent to render it unpalatable; provisions.................HB 219 Consumer reporting agencies; identical report to consumer and creditor; require ..................................................................................................................HB 197 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .......................................................... SB 184 Electronic Lease-Purchase of Goods Act; provide data and personal information protection practices; definitions; establish procedures .................... SB 130 Fair Business Practices Act of 1975; confidentiality of certain information; clarify certain provisions ................................................................HB 267 Gasoline; suppliers of automotive gasoline; fuel alcohol; define certain terms; change certain provisions................................................................ SB 30 Georgia Free Enterprise and Antitrust Act of 2009; enact .......................................HB 96 In-home services; employees; criminal background investigation; provide ..........HB 263 Pharmacy benefit manager; favor pharmacy prescription filling; provisions.............................................................................................................HB 369 Phone cards; terms shall be disclosed at time of purchase; provide.......................HB 846 Private child support collection; definitions; provisions ........................................HB 189 Probate courts; associate probate court judges; provisions ....................................HB 495 Secondary metals recyclers; penalties for theft crimes; change provisions ...........HB 177 Secondary metals recyclers; provide definitions; metal theft; provisions..............HB 456 Secondary Metals Recyclers; provide regulation of theft of regulated metal property; transaction records; change provisions ........................ SB 82 Secondary metals recyclers; records of transactions; change certain provisions.................................................................................................HB 274 Secondary metals recyclers; vehicles used to transport stolen metals; provide forfeiture .................................................................................................HB 497 State health and human services agencies; reorganize and reestablish; provisions.............................................................................................................HB 228 Truth in Music Advertising Act; prohibition against the advertising/conducting of certain live musical performances ............................. SB 226 United State Congress; urge to oppose efforts to adopt "Employee Free Choice Act"....................................................................................................HR 71
COMMISSIONS Ellaville-Schley County Charter and Unification Commission Act; enact ............HB 791 Georgia Faith and Clergy Day Commission; create...............................................HR 675 Georgia Tax Reform Commission of 2009; providing access to certain otherwise confidential Department of Revenue information .............. SR 453 Gilmer County Kids Kottage Commission; membership; change .........................HB 806

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6409

COMMITTEES Alzheimer's Disease and Other Dementias Task Force; create .............................. SR 257 General Assembly; committees; issuance of subpoenas; provisions .....................HB 510 General Assembly; committees; witnesses and documents; authorize ..................HB 490 General Assembly; House Committee on Information and Audits; secure witnesses and documents; authorize.........................................................HB 676 Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties ...................... SB 42 Health Care Transformation; create Joint Study Committee ................................. SR 331 House Constitutional Officer Fees Study Committee; create.................................HR 624 House Study Committee on Addiction Prevention, Treatment, and Recovery (APTR); create.....................................................................................HR 771 House Study Committee on Airborne Release of Pentachlorophenol and it's Effects on the Health of Georgia Residents; create.................................HR 177 House Study Committee on Autism; create ...........................................................HR 650 House Study Committee on Autism; create ...........................................................HR 824 House Study Committee on Business Income Tax Elimination and Job Creation; create.......................................................................................HR 651 House Study Committee on Care Management Organization Performance; create .............................................................................................HR 883 House Study Committee on Compliance by Local Governments with the Red Light Camera Law; create ..............................................................HR 774 House Study Committee on Dangerous Dogs; create ............................................HR 625 House Study Committee on Regional Educational Service Agencies; create ....................................................................................................................HR 642 House Study Committee on Sales and Use Tax Exemptions; create .....................HR 740 House Study Committee on Sales and Use Tax Simplification; create..................HR 779 House Study Committee on State Agency Accountability; create.........................HR 647 House Study Committee on the National Renewables Energy Portfolio Standards; create...................................................................................HR 777 House Study Committee on the Review, Evaluation, and Analysis of State Tax Exemptions; create ..........................................................................HR 442 House Study Committee on Uniforms in Public Schools; create...........................HR 886 House Study Committee on Use of Quitclaim Deeds; create.................................HR 885 Joint Equine Industry Study Committee; create .......................................................HR 78 Joint Study Committee on Nursing Education in Georgia; create .........................HR 532 Joint Study Committee on Sales and Use Tax Simplification; create ....................HR 579 Joint Study Committee on SITE TO GROW GEORGIA, Alternative Financing, and Entrepreneurship; create .............................................................HR 166 Joint Telecommunications Comprehensive Reform Study Committee; create .................................................................................................................... SR 402 Retrofit of Diesel Engines; joint study committee; create...................................... SR 109

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6410

INDEX

COMMUNICATIONS Bruce, Honorable Roger .................................................................................... Page 1283 Burkhalter, Honorable Mark.............................................................................. Page 1277 Floyd, Honorable Johnny ........................................................................................ Page 7 Forster, Honorable Ron ......................................................................................... Page 27 Frazier, Honorable Gloria.................................................................................. Page 1281 Governor .......................................................................................Pages 8, 9, 10, 16, 3002 Graves, Honorable Tom......................................................................................... Page 27 Hugley, Honorable Carolyn F. ......................................................................... Page 3001 Legislative Counsel ......................................... Pages 25, 29, 275, 276, 1275, 1277, 1279 Lieutenant Governor.................................................. Pages 25, 26, 30, 1276, 1278, 1280 McCall, Honorable Tom.................................................................................... Page 1279 Moody, Honorable Dan ..................................................................................... Page 1277 Roberts, Honorable Jay.......................................................................................... Page 32 Rogers, Honorable Carl ......................................................................................... Page 48 Secretary of State..............................................................................................Pages 1, 27 Sims, Honorable Barbara................................................................................... Page 1279 Speaker of the House ..................... Pages 25, 26, 30, 31, 33, 165, 579, 1276, 1278, 1280 Teilhet, Honorable Rob ......................................................................................... Page 31 Thomas, Honorable Brian...................................................................................... Page 35 Tumlin, Honorable Steve, Jr.................................................................................. Page 31 Williams, Honorable Tommie ........................................................................... Page 1281
COMMUNITY AFFAIRS, DEPARTMENT OF Commission on Regional Planning; create; provide for membership and duties .............................................................................................................HB 867 Regional commissions; change to regional development centers; revision of provisions...........................................................................................HB 640 State government; grants for clean energy property; provisions............................HB 473
COMMUNITY HEALTH, DEPARTMENT OF Community Health, Department of; contracts; subject to open records act; provide..............................................................................................HB 377 Community Health, Department of; pediatric physicians; prepare written materials; urge .........................................................................................HR 316
COMPENSATION RESOLUTIONS SunCorp Property Services, LLC; compensate ......................................................HR 176 White, Mr. John Jerome; compensate ....................................................................HR 161
CONDOLENCES, ETC. Allen, Mr. Donald "Don" G.; condolences.............................................................HR 663 Amspacher, Mr. George Leonard; condolences ...................................................HR 1012

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6411

Anderson, Honorable Wendell T.; condolences.....................................................HR 994 Bailey, Mr. James N.; condolences ......................................................................HR 1003 Baker, Mr. Johnnie Frank; condolences .................................................................HR 574 Bates, Mr. Eli Robert "E.R.", Jr.; condolences.......................................................HR 612 Beasley, Mrs. Sandra A.; condolences ...................................................................HR 105 Beavers, Bishop Robert Lee; condolences .............................................................HR 613 Belcher, Mr. John William III; condolences ..........................................................HR 848 Bell, Griffin Boyette; condolences .......................................................................HR 1060 Bevel, Reverend James L.; condolences ..................................................................HR 83 Bohler, Mr. Bobby Gordon; condolences...............................................................HR 205 Bolton, Ms. Aundra; condolences ..........................................................................HR 868 Boyd, Mrs. Winnifred Pierce; condolences............................................................HR 153 Brooks, Mr. Harold Silas; condolences ....................................................................HR 97 Brooks, Mr. James "Jim" Lee, Jr.; condolences .....................................................HR 548 Brown, Mrs. Ann Bell; condolences ....................................................................HR 1007 Caldwell, Mr. Harold Edwin; condolences ............................................................HR 961 Canion, Ms. Melvalina "Lina" D.; condolences ...................................................HR 1069 Carter, Mr. Ronald E.; condolences .......................................................................HR 599 Carter, Mrs. Mae Bell Leonard; condolences.........................................................HR 557 Carter, Mrs. Mae Bell Leonard; condolences.........................................................HR 619 Chant, Mr. W.J. "Bill"; condolences ......................................................................HR 735 Church, Mr. Robert Thomas, Senior; condolences; invite family
to House ...............................................................................................................HR 277 Clary, Mr. James Allen, Jr.; condolences ...............................................................HR 601 Coleman, Mr. George; condolences .........................................................................HR 91 Coleman, Mr. George; condolences .......................................................................HR 498 Cordero, Mr. Ben; Mr. Jim Patterson; condolences .............................................HR 1052 Cranfield, Herbert Lynn; condolences....................................................................HR 955 Creel, Ms. Mabel Emily Crawford; condolences ...................................................HR 545 Crouch, Mr. John Thomas "Man"; honor ...............................................................HR 712 Davis, Mrs. Beatrice C.; condolences.....................................................................HR 497 Davis, Mrs. Janice; condolences...............................................................................HR 95 Dearing, Mr. Ashley K., Jr.; passing; regret...........................................................HR 905 Dennard, Mrs. Berdine Dillard; condolences .........................................................HR 109 Duncan, Mrs. Margaret "Betty" Elizabeth; condolences......................................HR 1006 Fahring, Mr. Alan; honor........................................................................................HR 684 Flynn, Mr. Matthew Joseph; condolences ..............................................................HR 593 Fowlkes, Mr. William; condolences.........................................................................HR 89 Franklin, Mr. John Hope; condolences...................................................................HR 907 Freeman, Colonel Wilson; condolences .................................................................HR 290 Fuller, Mr. Millard; condolences............................................................................HR 313 Gill, Mrs. Alice Walker Coffin; honor ...................................................................HR 697 Greenhouse, Mrs. Regina Guice; condolences.......................................................HR 134

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6412

INDEX

Griffin, Mr. George; condolences...........................................................................HR 787 Guido, Dr. Michael; condolences ...........................................................................HR 483 Harruna, Mr. Abdul Razak Ibrahim; condolences..................................................HR 112 Harwood, Mr. Ricky Joe; condolences.................................................................HR 1005 Hawkins, Mr. Matt; condolences............................................................................HR 547 Herndon, Mr. Clyde Lee; condolences...................................................................HR 789 Highsmith, Mr. Joshua Thomas; condolences......................................................HR 1021 Hill, Mr. Jimmie, Jr.; condolences........................................................................HR 1008 Hilliard, Mr. Stanley G. "Duke"; condolences .......................................................HR 801 Holloway, Mrs. Leila Daniel; condolences ............................................................HR 155 Jakes, Reverend Jimmie, Sr.; condolences .............................................................HR 363 Jenkins, Mr. Bartow; condolences..........................................................................HR 809 Johnston, Mrs. Anne Whitlow; condolences ..........................................................HR 244 Jones, Mrs. Darnella Shell; condolences ..................................................................HR 88 Lackey, Mr. James Edward, Sr.; condolences........................................................HR 195 Lewis, Mr. Lester O.; condolences.........................................................................HR 616 Lott, Margaret Edenfield; condolences ................................................................HR 1010 Matthews, Mr. James Cornelius; condolences .......................................................HR 157 McCrary, Mrs. Jacqueline Smith; condolences ....................................................HR 1011 McGlamery, Mr. Johnny James; condolences........................................................HR 659 Mercer, Mr. John Herndon; music icon; memory; celebrate..................................HR 203 Mildton, Mr. Jakoba Jerod; condolences................................................................HR 255 Miles, Reverend Joel Leonard; condolences ..........................................................HR 190 Mize, Mr. J. William; condolences.........................................................................HR 552 Moore, Robbie Susan; condolences........................................................................HR 806 Morgan, Honorable Jack Hays, Sr.; condolences...................................................HR 797 Morgan, Mr. Charles, Jr.; condolences.....................................................................HR 87 Morrison, Mr. Jerald Douglas "Wedge"; condolences ..........................................HR 984 Music, Mr. Lewis Carlton; condolences...............................................................HR 1019 Nelson, Mrs. Eula Mae; condolences .....................................................................HR 154 O'Connor, Elizabeth Jane McLeod Walker; condolences ....................................HR 1020 Palmer, Mrs. Margie Arrant; condolences..............................................................HR 152 Parker, Mr. Jon Cameron, Sr.; condolences .........................................................HR 1024 Parsons, Mr. James Harold; honor..........................................................................HR 698 Paschal, Mr. James Vaughn; condolences..............................................................HR 110 Preston, Mrs. Azzie Lee; condolences....................................................................HR 854 Quick, Mrs. Zelean Pollard; condolences...............................................................HR 104 Rakestraw, Ms. Victoria Viola Graves; condolences .............................................HR 499 Ratchford, Mrs. Mary Olive Butler; condolences ..................................................HR 653 Roberts, Mr. Samuel Randolph "Randy"; condolences..........................................HR 875 Robinson, Ms. Lithangia S.; Senior Week in her memory;
February 24, 2009; honor ....................................................................................HR 447 Rouse, Mr. William Dorsey, Sr.; condolences .....................................................HR 1004

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6413

Scruggs, Master Sergeant Joe Ed; condolences......................................................HR 962 Sharpe, Mr. Randall William; condolences..........................................................HR 1018 Skipper, Mrs. Corine Yarbrough; condolences ......................................................HR 544 Smith, Mr. George Eugene; honor..........................................................................HR 686 Smith, Mrs. Irene Juanita; condolences..................................................................HR 132 Smith, Ms. Darlene; condolences .........................................................................HR 1009 Sullivan, Mrs. Margaret "Bunny" Thomas; condolences .......................................HR 487 Talley, Mrs. Amy Julia Moore; honor....................................................................HR 713 Talley, Mrs. Missouri Gipson; condolences.........................................................HR 1017 Taylor, Mrs. Elizabeth Pinkney; condolences ........................................................HR 347 Terry, Dr. Daniel, Jr.; condolences.......................................................................HR 1016 Thompson, Mr. George W.; condolences...............................................................HR 680 Wade, Mr. Booker T., Sr.; condolences ...............................................................HR 1057 Wald, Mrs. Florence; honor; invite Georgia Hospice & Palliative
Care Organization to House.................................................................................HR 278 Wansley, Mr. Zachary; condolences ....................................................................HR 1055 Warthen, Mr. William Donovan; condolences.......................................................HR 810 Wetzel, Mrs. Carolyn Hanna; condolences ............................................................HR 506 Wilhoit, Mrs. Martha Jane Gunn; condolences ......................................................HR 114 Williams, Mrs. Geraldine "Gerri"; condolences.....................................................HR 133
CONSERVATION AND NATURAL RESOURCES Air quality; facilities emitting pentachlorophenol; emissions limitations; provisions.............................................................................................................HB 531 Coal mining; extracted by mountain top removal; prohibit purchase; provisions.............................................................................................................HB 276 Environmental Protection Division; evaluate oxygen in Savannah Harbor; request..................................................................................................................HR 533 Erosion and sediment control plan; implemented through separate contract; require ...................................................................................................HB 771 Gasoline; suppliers of automotive gasoline; fuel alcohol; define certain terms; change certain provisions................................................................ SB 30 General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells - CA ................................. SR 12 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 244 Georgia Sports Hall of Fame Authority; composition; revise................................HB 694 Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Division director............. SB 78 Georgia Voluntary Remediation Program Act; enact ............................................HB 248 Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions.....................................................................................HB 493 Hazardous waste; disposition of certain medical sharps waste; provisions ...........HB 504

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6414

INDEX

Income tax credit; qualified water and energy efficient product expenses; provisions.............................................................................................................HB 519
Income tax credits; qualified reforestation expenses; provisions...........................HB 768 Natural Resources, Department of; proposed new or revised
flood elevations; require notice ...........................................................................HB 169 Natural resources; dedication of revenues from certain fees;
authorize - CA......................................................................................................HR 293 Natural Resources; provide costs to be covered by fee; compliance
with state/federal clean air laws........................................................................... SB 198 O.C.G.A.; change the designation of the State Merit System
of Personnel Administration to State Personnel Administration........................... SB 97 Public water systems; water usage among tenants; revise provisions....................HB 158 Regional commissions; change to regional development centers;
revision of provisions...........................................................................................HB 640 Sales and use tax; water pollution eliminating machinery exemptions;
change certain provisions.....................................................................................HB 309 Soil Erosion and Sedimentation; 25 foot buffers along state waters;
change certain provisions..................................................................................... SB 155 Soil Erosion/Sedimentation; 25 foot buffers along state waters;
provisions............................................................................................................. SB 228 Solid waste disposal facilities; surcharge; increase................................................HB 491 State health and human services agencies; reorganize and reestablish;
provisions.............................................................................................................HB 228 State owned marshland or water bottoms; leasing; change certain
provisions.............................................................................................................HB 170 State parks and recreational areas; boat shelters on High Falls Lake;
provide for permits...............................................................................................HB 367 State-wide recycling program; expand; provisions ................................................HB 310 Stone Mountain Memorial Association; certain property purchased;
provide tax exemption .........................................................................................HB 499 United States Congress; change definition of renewable biomass; request ...........HR 622 United States Congress; oppose efforts to expand reach and
scope of Clean Water Act; request ......................................................................HR 471 United States Fish and Wildlife Service; scientific study in
Etowah River Basin; request ...............................................................................HR 578 Waste Management; provide for quarantining/certified clean
up of sites where methamphetamine was unlawfully manufactured..................... SB 15 Water pollution control; regulate surface water returns; county
boards of health; change certain provisions.........................................................HB 239 Water pollution control; sludge and water-waste systems; regulate ......................HB 238 Water pollution; Adopt a Water Body program; provide.......................................HB 693 Water well contractors or drillers; inject surface water into floridan
aquifer; change certain provisions .......................................................................HB 597

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6415

Water well standards; contractors or drillers; change certain provisions...............HB 552 Wells and drinking water; permits to use ground water; change
certain provisions.................................................................................................HB 578
CONSTITUTIONAL AMENDMENTS Ad valorem tax; fund trauma care; provide - CA...................................................HR 162 Ad valorem tax; valuation and appeals procedures; provide - CA.........................HR 179 Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts - CA .................................... SR 1 Board of education; levy sales and use tax for educational purposes; provide - CA ........................................................................................................HR 341 Bringing Equity Statewide to Taxation Amendment; enact - CA..............................HR 2 Citizens' Redistricting Commission; create - CA...................................................HR 229 Coroner; shall be a county officer; provide - CA ...................................................HR 294 Counties; future laws; expenditure of funds; provisions - CA ...................................HR 4 Counties; provide for re-creation; voter approval - CA ...........................................HR 21 County or municipality; ad valorem tax; homestead exemption; authorize - CA......................................................................................................HR 369 Court of Appeals and Supreme Court; decisions; remove provisions - CA.............HR 73 Education Improvement Districts; provide creation and comprehensive regulation - CA .................................................................................................... SR 153 Eligibility to vote; verification of citizenship; provisions - CA ...............................HR 12 Eminent domain; condemnation of property; require - CA......................................HR 70 Enforcement of contracts; restrict competition; provisions - CA...........................HR 178 Freedom of Ownership Amendment; enact - CA.......................................................HR 9 General Assembly; additional fees for offenses; allocate to Brain and Spinal Injury Trust Fund - CA ............................................................HR 648 General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells - CA ................................. SR 12 General Assembly; law for townships; provide - CA ................................................HR 8 General Assembly; pari-mutuel betting on horse and dog races; provisions - CA....................................................................................................HR 534 General Assembly; provide homeowner tax relief grants; appropriate funds - CA................................................................................................................HR 7 General Assembly; telephone subscriber charges; fund trauma services; provide - CA ........................................................................................................HR 139 Georgia Trauma Care Trust Fund; creation and funding; provide - CA ................HR 370 Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations; transferred to state treasury for purpose of funding - CA.............. SR 277 Governor; convene General Assembly special session; 3 percent or more revenue decline - CA..............................................................................HR 138 Governor; serve six-year term; not succeed himself or herself; provide - CA ........................................................................................................HR 563

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6416

INDEX

Governor's veto; one house overrides; other house votes immediately; provide - CA ............................................................................................................HR 3
Incarcerated persons; moral turpitude felonies; vote; provide - CA ........................HR 76 Judicial Qualifications Commission; remove power; provisions - CA ....................HR 74 Legislative branch; issuance of subpoenas; provide - CA......................................HR 335 Natural resources; dedication of revenues from certain fees;
authorize - CA......................................................................................................HR 293 Owners of real property; industrial areas; remove property - CA..........................HR 136 Paramount right to life; human beings; provisions - CA............................................HR 5 Proposing amendments to state Constitution; hold a Convention;
provisions.............................................................................................................HB 250 Public office; elections; vote by secret ballot; provisions - CA ...............................HR 22 Real property; residential and nonresidential; freeze valuation - CA ........................HR 1 Sales and use tax exemptions; limit; not exceed three years; provide - CA...........HR 281 Sales and use tax; limit exemptions periods - CA ....................................................HR 30 Sales and use tax; motor fuels; 25 percent of funds for transportation
grant purposes; provide - CA...............................................................................HR 220 State and local taxes, fees, and property liens; abolish and prohibit;
change provisions - CA..........................................................................................HR 27 State title fees; motor vehicles; provide - CA.........................................................HR 566 State Transportation Board; abolish - CA ..............................................................HR 140 State-wide grand juries; jurisdiction, powers, and duties; provide - CA..................HR 75 Tax; regional local option transportation tax - CA................................................... SR 44 Taxpayer Dividend Amendment of 2010; enact - CA..............................................HR 11 Transportation Trust Fund; create - CA .................................................................HR 206 United States Constitution; religious organizations receive public aid;
prevent discrimination - CA ................................................................................HR 567
CONTRACTS Contractor; service of notice of commencement; requirements; procedure for application of certain forms .......................................................... SB 184 Enforcement of contracts; restrict competition; provisions - CA...........................HR 178 Illegal and void contracts; make legislative findings; define certain terms; provisions.............................................................................................................HB 833 Illegal or void contracts; partial restraint of trade; repeal ......................................HB 173 Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability ............................................... SB 75 Security and immigration compliance; public employers; clarify requirements.............................................................................................................HB 2

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INDEX

6417

CONTROLLED SUBSTANCES Controlled substances; food product bearing name of Schedule II substance; unlawful to sell...................................................................................HB 708 Controlled substances; Schedule II, III, and IV; change certain provisions ..........HB 368 Controlled substances; sentencing a person convicted of possession; clarify certain provisions .....................................................................................HB 814 Georgia Prescription Monitoring Program Act; enact............................................HB 273 Georgia Prescription Monitoring Program Act; enact............................................HB 614 Sales and use tax; controlled substances and dangerous drugs; certain exemptions; provide...................................................................................HB 59
CONVEYANCES OF PROPERTY (See Property)
CORDELE JUDICIAL CIRCUIT; Superior court; change certain terms ............HB 216
CORONERS Coroners; clarify Georgia Bureau of Investigations has jurisdiction over post mortem examination whose death occurs on certain state property .............. SB 38 Death certificate filings; cause and circumstances of death; coroners; provisions...............................................................................................HB 64 Death investigations by coroners; notification requirements; provide.....................HB 50
CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Georgia Limited Liability Company Act; certain technical corrections; clarify provisions .................................................................................................HB 308 Income tax; taxation of corporations; change certain provisions...........................HB 468 Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481
CORRECTIONS, DEPARTMENT OF (Also, see Penal Institutions) Probation; sentencing court; additional charge; authorize .....................................HB 344
COSMETOLOGISTS State Board of Cosmetology; investigate need and feasibility of ventilation equipment for nail technicians; urge .............................................HR 218
COUNTIES (Also, see Local Government or Named County) Counties and municipalities; budget excess; searchable website; provisions.............................................................................................................HB 122 Counties and municipalities; nonexclusive franchise agreements; provisions.............................................................................................................HB 613 Counties; future laws; expenditure of funds; provisions - CA ...................................HR 4 Counties; provide for re-creation; voter approval - CA ...........................................HR 21

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6418

INDEX

County and Municipal Probation Advisory Council; certain limitations; clarify ...................................................................................................................HB 622
Georgia Public Safety Training Center; training of elected members; require ..................................................................................................................HB 124
Georgia Townships Act; enact .................................................................................HB 30 Georgia's Antidiscrimination Act of 2009; establish..............................................HB 291 Municipal corporation; special district tax; create .................................................HB 515 Sales and use tax; joint county and municipal; change certain provisions.............HB 272 Service delivery strategies; certain drinking water projects;
funding limitation; provide exemption ................................................................HB 406
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Board of examiners; expenses; change certain provisions .....................................HB 332 Brain and Spinal Injury Trust Fund; additional penalty for violation; authorize...............................................................................................................HB 760 Chief Judge of the Court of Appeals; emergency powers; provisions ...................HB 185 Computerized record-keeping systems; clerks of superior courts; redacting social security numbers; provide ...........................................................HB 55 Constables/Marshals; notify protected persons upon the service of certain protective orders ...................................................................................... SB 4 Cordele Judicial Circuit; superior court; change certain terms ..............................HB 216 Court of Appeals and Supreme Court; decisions; remove provisions - CA.............HR 73 Court reporters; notice requirements regarding access; provisions........................HB 357 Court reports; publishing a volume of rules from the definition of reports; remove requirement .............................................................................................HB 235 Courts; additional criminal penalties for purposes of drug abuse treatment/education programs; revise provisions ................................................ SB 112 Courts; Georgia Courts Automation Commission; repeal......................................HB 289 Courts; provide notice of the release of child from detention under certain circumstances; definitions ............................................................. SB 246 Courts; recusal of certain judges; provisions..........................................................HB 601 Courts; required annual training for magistrates/probate judges; suspend for one year ............................................................................................ SB 199 Death penalty; impose with unanimous verdict; provisions.....................................HB 32 Delinquent and unruly children; disposition; change provisions ...........................HB 245 Delinquent child; protective order for victims of acts of delinquency; provisions.............................................................................................................HB 729 Douglas Judicial Circuit; superior court judges; supplement paid; change ...........HB 652 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions............... SB 180 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .................................... SB 239

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6419

Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents............................................................. SB 57
Georgia Supreme Court; urging to disbar or disallow admission to bar any attorney convicted of altering or backdating a legal document ......................HR 72
Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions ....................................................................................HB 254
Judicial branch of government; financing and operations; revise provisions.............................................................................................................HB 283
Judicial Council of Georgia; include president and president-elect of the Council of Municipal Court Judges of Georgia; require .....................................HB 837
Judicial Qualifications Commission; remove power; provisions - CA ....................HR 74 Judicial system; assignment of senior judges; provide for provisions ...................HB 514 Juvenile Burglary Prevention Act of 2010; enact...................................................HB 824 Juvenile proceedings; admit general public to hearings; provisions ......................HB 616 Juvenile proceedings; arrest and detention of accused children;
risk assessment instrument; provisions................................................................HB 246 Local Government; newly created municipalities; change certain
provisions............................................................................................................... SB 58 Magistrate judges; performing military duty; eligible for reelection;
provisions.............................................................................................................HB 156 Municipal Court of Columbus, Georgia; provide municipal
court judges shall be elected on a nonpartisan basis............................................ SB 274 O.C.G.A.; change the designation of the State Merit System
of Personnel Administration to State Personnel Administration........................... SB 97 Piedmont Judicial Circuit; create new superior court judgeship ..............................HB 77 Probate courts; associate probate court judges; provisions ....................................HB 495 Probation; sentencing court; additional charge; authorize .....................................HB 344 Proceedings; admit general public to hearings in juvenile court
with certain exceptions ........................................................................................ SB 207 Property; foreclosures on mortgages; require recording of documents
relating to sales under power; change provisions ................................................ SB 141 Prosecuting attorneys; state's rights to appeal in criminal cases;
provisions.............................................................................................................HB 600 Records and hearings; sharing of confidential information; provide .....................HB 544 Retirement and pensions; action brought against boards of trustees;
Superior Court of Fulton County; provide...........................................................HB 211 Retirement; judges/district attorneys; change certain duties
and obligations from Department of Administrative Services ............................ SB 109 Retirement; provide appellate court judges who become members;
shall not be entitled to certain group term life insurance benefits....................... SB 177 Sheriff's service fees; serving and dispossessing certain tenants
and intruders; increase fees..................................................................................HB 505

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6420

INDEX

Social Services; provide access by certain governmental entities/persons to records concerning reports of child abuse; define a certain term...................... SB 79
State Court of Clayton County; additional judge; provisions ................................HB 811 State health and human services agencies; reorganize and reestablish;
provisions.............................................................................................................HB 228 State-wide grand juries; jurisdiction, powers, and duties; provide - CA..................HR 75 Superior Court Clerks' Retirement Fund of Georgia; eligibility
criteria for creditable service; provide.................................................................HB 488 Superior Court Clerks' Retirement Fund of Georgia; increase
employee contribution; provisions ......................................................................HB 487 Superior Court Clerks' Retirement Fund of Georgia; not entitled
credit for service after July 1, 2010; provisions ..................................................HB 486 Superior courts; issuing orders on motions; provisions .........................................HB 220 Superior courts; sunset dates for property filing fees; change ...............................HB 453 Supreme Court and Court of Appeals; filing fees; change certain
provisions.............................................................................................................HB 331 Teachers Retirement System of Georgia; Trial Judges and Solicitors
Retirement Fund; provide creditable service.......................................................HB 832 Trial juries; qualification of electric membership corporation; provisions ............HB 195 Uniform Electronic Transactions Act; enact ..........................................................HB 126
COVINGTON, CITY OF Levy an excise tax; authorize .................................................................................HB 775 Levy an excise tax; authorize .................................................................................HB 810
COWETA COUNTY Superior Court of the Coweta Judicial Circuit; judges; change supplemental salaries ........................................................................................... SB 154
CRIMES AGAINST THE PERSON Kidnapping; change certain provisions ....................................................................HB 27 Kidnapping; change certain provisions ....................................................................HB 28 Kidnapping; change certain provisions ..................................................................HB 575 Limitations on prosecutions; offenses of cruelty to children; provisions ..............HB 163 Reckless conduct; assaults with intent to transmit HIV or hepatitis; increase penalty......................................................................................................HB 47 Stalking cases; protection orders; include animals; allow......................................HB 574 Stalking; violating family violence court order; provide a definition ....................HB 433
CRIMES AND OFFENSES (CRIMINAL CODE) Bingo games; limits on amounts of prizes; remove ...............................................HB 674 Bingo; define certain terms; veterans organizations; provisions............................HB 166 Carrying weapons; school safety zones; provide punishment................................HB 573

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INDEX

6421

Churches; determine whether to permit or exclude persons licensed to carry firearms to carry them on church premises; authorize ...........................HB 860
Cockfighting; punishments; provisions ..................................................................HB 109 Code Officials; provide for protection and training; definitions;
criminal penalties................................................................................................. SB 188 Controlled substances; food product bearing name of Schedule II
substance; unlawful to sell...................................................................................HB 708 Controlled substances; Schedule II, III, and IV; change certain provisions ..........HB 368 Controlled substances; sentencing a person convicted of possession;
clarify certain provisions .....................................................................................HB 814 Courts; provide notice of the release of child from detention
under certain circumstances; definitions ............................................................. SB 246 Crimes and offenses; prenatal murder; define; provisions .........................................HB 1 Crimes; provide the imposition of life without parole; person
convicted of murder independently of a death penalty prosecution...................... SB 13 Criminal damage to property; first degree; change provisions ..............................HB 821 Criminal street gang activity; school safety zones; increase penalty .....................HB 213 Deposit account fraud; definition of consideration; revise.....................................HB 861 Elderly persons; offense of cruelty includes exploitation; provisions....................HB 702 Electronic Mail Fraud; definitions; prohibit a person from using certain
computers to retransmit commercial email to deceive recipients.......................... SB 59 Electronic tracking device; location of person without consent; prohibit................HB 16 False identification documents; manufacturing, selling, or distributing;
provisions...............................................................................................................HB 71 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615 Firearms; discharge; counties or municipalities; provisions ..................................HB 182 Firearms; possession of a license to carry; add persons to exemption ...................HB 819 Firearms; training of licensed persons; provide .....................................................HB 259 Gambling; coin operated amusement machines; revise definitions .......................HB 293 Gambling; nonprofit organizations; noncash prizes; provisions ............................HB 292 Gambling; pari-mutuel betting on horse and dog races; authorize.........................HB 641 General Assembly; pari-mutuel betting on horse and dog races;
provisions - CA....................................................................................................HR 534 Georgia Prescription Monitoring Program Act; enact............................................HB 273 Georgia Prescription Monitoring Program Act; enact............................................HB 614 Housing Authorities Law; certain past offenses; not disqualify applicants;
provide .................................................................................................................HB 113 Kidnapping; change certain provisions ....................................................................HB 27 Kidnapping; change certain provisions ....................................................................HB 28 Kidnapping; change certain provisions ..................................................................HB 575 License to carry pistol or revolver; permanent license; provide ............................HB 155 Licenses; handgun safety course; provide ..............................................................HB 286

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6422

INDEX

Licenses; pistol or revolver; include photograph and current address; provide .................................................................................................................HB 260
Local Boards of Education; no person on the national/state sex offender registry shall be eligible for election/service on board.......................................... SB 14
Local Government; prohibit immigration sanctuary policies by local governmental entities; provide penalties ................................................. SB 20
O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Pistol or revolver license; training for certain persons; license
shall include photograph and current address; provide .......................................HB 835 Probation Detention Center; sentencing and confinement of
certain defendants; permit credit for time.............................................................. SB 65 Proceedings; admit general public to hearings in juvenile court
with certain exceptions ........................................................................................ SB 207 Public health and morals; tattooing near the eye; change certain
provisions.............................................................................................................HB 180 Public Transportation; consumption of food/beverages in a
rapid rail station/intermodal bus station ................................................................ SB 89 Public transportation; regulation; provide ..............................................................HB 839 Reckless conduct; assaults with intent to transmit HIV or hepatitis;
increase penalty......................................................................................................HB 47 Residential mortgage fraud; the offense; modify certain provisions........................HB 42 Sales and use tax; firearms, ammunition, or both; provide exemption ..................HB 767 Secondary metals recyclers; penalties for theft crimes; change provisions ...........HB 177 Secondary Metals Recyclers; provide regulation of theft of
regulated metal property; transaction records; change provisions ........................ SB 82 Secondary metals recyclers; vehicles used to transport stolen metals;
provide forfeiture .................................................................................................HB 497 Sexual offenses; child molestation; define; change certain provisions ..................HB 123 Sexual offenses; minimum age for prosecution; mandate......................................HB 582 Sexual offenses; sexual assault against a person under care
or supervision; provisions....................................................................................HB 611 Social Services; provide access by certain governmental entities/persons
to records concerning reports of child abuse; define a certain term...................... SB 79 Stalking cases; protection orders; include animals; allow......................................HB 574 Stalking; violating family violence court order; provide a definition ....................HB 433 Truth in Testimony Act; require an oath for purposes of presenting
certain evidence to committee/subcommittee of General Assembly....................... SB 7 Victim Compensation; provide for recovery for serious mental
and emotional trauma; change definitions; provisions ........................................ SB 172

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6423

CRIMINAL PROCEDURE Accusations; trial in all cases except serious violent felonies; allow.......................HB 11 Bonds and recognizances; electronic pretrial release and monitoring; provisions.............................................................................................................HB 306 Bonds or recognizances; professional bondsmen; provisions ................................HB 147 Corrections, Department of; punishment for serious violent offenders; provide ...................................................................................................................HB 84 Courts; provide notice of the release of child from detention under certain circumstances; definitions ............................................................. SB 246 Crime Victims' Bill of Rights; rights of crime victims; change certain provisions.................................................................................................HB 567 Crimes; provide the imposition of life without parole; person convicted of murder independently of a death penalty prosecution...................... SB 13 Death penalty cases; Supreme Court; pretrial proceedings; extend review period .......................................................................................................HB 323 Death penalty; impose with unanimous verdict; provisions.....................................HB 32 Drivers' licenses; felony offense demarcated on driver's license; provisions.............................................................................................................HB 572 Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties .................................. SB 42 Law enforcement officers; arrest; revise certain provisions.....................................HB 87 Limitations on prosecutions; offenses of cruelty to children; provisions ..............HB 163 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration........................... SB 97 Penal Institutions; provide courts/State Board of Pardons and Paroles greater input from crime victims, their families, interested witnesses ................ SB 151 Plea discussions; guilty or nolo contendere; certain requirements; provisions.............................................................................................................HB 392 Sentence/Punishment; authorize Corrections, Department; participation in transitional center; offender's final year of incarceration ................................ SB 193 Sentencing and imposition of punishment; procedure; repeal certain provisions.................................................................................................HB 111 Sexual offenders; classification; change and enact provisions...............................HB 571 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law............... SB 157 Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions ........................................ SB 172 Violent offenders; good behavior credit days; provide ..........................................HB 679 Warrants for arrest; persons who may issue warrants; provisions .........................HB 199

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6424

INDEX

D
DADE COUNTY Board of commissioners; members reside in respective districts; provide ............HB 762
DAWSON COUNTY Levy an excise tax; authorize .................................................................................HB 626 State of Georgia property; certain counties; nonexclusive easements; authorize...............................................................................................................HR 279
DEAF PERSONS (See Handicapped Persons)
DEATH PENALTY Death penalty cases; Supreme Court; pretrial proceedings; extend review period .......................................................................................................HB 323 Death penalty; impose with unanimous verdict; provisions.....................................HB 32
DECATUR COUNTY Bobby Walden Highway; dedicate ...........................................................................HR 31 State highway system; certain portions; dedicate...................................................HR 336
DECATUR, CITY OF Authorize all redevelopment/other powers; provide a referendum........................ SB 279
DEKALB COUNTY Compensation of sheriff; change certain provisions ..............................................HB 777 Compensation of sheriff; change certain provisions ..............................................HB 812 Dunwoody, City of; governing authority; provisions.............................................HB 764 Governing authority officers; revisions......................................................................HB 7 School district ad valorem tax; provide homestead exemption..................................HB 8
DENTON, CITY OF; filling vacancies; revise manner ..........................................HB 593
DISABLED PERSONS (See Handicapped Persons)
DIVORCE (See Domestic Relations)
DOMESTIC RELATIONS Child Support; revise a definition; correct cross-references; provisions................HB 145 Domestic Relations/Social Services; sexual exploitation; expand the definition .......................................................................................................... SB 69 Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means............................ SB 169

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6425

Family violence and stalking protective order registry; repeal article ...................HB 536 Family violence situations; protection for family pets; provide.............................HB 429 Human Resources, Department of; duty to furnish information; prohibit ...............HB 81 Marriage license; sickle cell disease information; provide ....................................HB 184 Option of Adoption Act; enact ...............................................................................HB 388 Private child support collection; definitions; provisions ........................................HB 189 Privilege; confidentiality of communications between husband and wife;
change certain provisions.....................................................................................HB 840 Proceedings; admit general public to hearings in juvenile court
with certain exceptions ........................................................................................ SB 207 Social Services; provide access by certain governmental entities/persons
to records concerning reports of child abuse; define a certain term...................... SB 79 State Commission on Family Violence; date which commission
cease to exist; repeal ............................................................................................HB 385 Victim Compensation; provide for recovery for serious mental
and emotional trauma; change definitions; provisions ........................................ SB 172
DOOLY COUNTY Board of elections and registration; create .............................................................HB 658 Magistrate Court; law library fee; establish ...........................................................HB 646
DORAVILLE, CITY OF Municipal elections; provisions..............................................................................HB 790 Redevelopment Powers Law; authorize .................................................................HB 789
DOUGHERTY COUNTY Albany-Dougherty County; consolidated and unified government; create............HB 800
DOUGLAS, CITY OF Filling vacancies; revise provisions........................................................................HB 591 James C. Moore Corridor; dedicate ........................................................................HR 292
DOUGLAS COUNTY Board of Commissioners; member residency qualifications; provide ...................HB 539 Compensation of coroner; change ..........................................................................HB 653 Redevelopment Powers Law; authorize .................................................................HB 322 State Court; addition of second judge; delay..........................................................HB 654 State of Georgia property; certain counties; nonexclusive easements; authorize...............................................................................................................HR 279
DOUGLAS JUDICIAL CIRCUIT Superior court judges; supplement paid; change....................................................HB 652

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6426

INDEX

DOUGLASVILLE, CITY OF; Redevelopment Powers Law; authorize ...............HB 319
DRIVERS LICENSES Driver clinics and programs; assessment fees for approved programs; increase ................................................................................................................HB 454 Driver Services, Department of; increase fees; speed restrictions; provisions.............................................................................................................HB 160 Driver's license; minor of disabled guardian; restricted learner's permit; provisions.............................................................................................................HB 258 Drivers' licenses; driving record; uniform traffic citations; provisions..................HB 396 Drivers' licenses; driving while license suspended or revoked; change certain provisions.....................................................................................HB 494 Drivers' Licenses; examinations shall be administered only in English language; provide for an exception ...................................................... SB 67 Drivers' licenses; examinations; only in English language; provide......................HB 533 Drivers' Licenses; extend period of suspension; certain serious offenders before reinstatement ................................................................................ SB 2 Drivers' licenses; felony offense demarcated on driver's license; provisions.............................................................................................................HB 572 Drivers' licenses; following a five-year revocation or suspension; certain conditions met; provisions .......................................................................HB 612 Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use ............................................................................................................HB 21 Drivers' licenses; licensed defensive driving courses; provisions..........................HB 538 Driver's Licenses; restricted; change the penalty for violation .................................. SB 6 Drivers' licenses; suspended or revoked; clarify a defense ....................................HB 554 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions............... SB 180 Elections; registration of voters; provisions ...........................................................HB 549 Habitual violators and probationary licenses; notification status; change certain provisions.........................................................................................HB 9 Motor vehicles; cell phones; text messaging; prohibit use.......................................HB 23 Motor Vehicles; driver's license requirements; provisions; serious injury due to a right of way violation resulting in collision; revise penalties ................ SB 196 Motor vehicles; driving under the influence of alcohol; provisions.........................HB 92 Penal institutions; Department of Probation/Patrol Community Based Supervision; create......................................................................................HB 78 The Billy Foulke Seatbelt Act; enact......................................................................HB 142
DUBLIN, CITY OF; corporate limits of city; change.............................................HB 745
DUNWOODY, CITY OF; governing authority; provisions ...................................HB 764

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6427

E
EARLY COUNTY South Georgia Regional Information Technology Authority; change certain provisions.....................................................................................HB 710 South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit ..............................................................................HB 787
EATONTON, CITY OF Eatonton-Putnam Water and Sewer Authority; composition of authority; change certain provisions................................................................HB 666
ECONOMIC DEVELOPMENT, DEPARTMENT OF Economic Development, Department of; program to provide certain grants to small businesses; establish........................................................HB 556 Made in Georgia Program; revise provisions; provide rules and regulations..................................................................................................... SB 117
EDUCATION Agriculture; farm to school program to promote Georgia-grown products; provide .................................................................................................................HB 847 Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 566 Board of education; levy sales and use tax for educational purposes; provide - CA ........................................................................................................HR 341 Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Georgia............................................................................................... SB 238 Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers ........................................................................ SR 464 Building Resourceful Individuals to Develop Georgia's Economy Act; enact .....................................................................................................................HB 400 Cancelable educational loans; State Veterinary Education Board; provisions...............................................................................................................HB 62 Charter schools; charter requirements; change a provision....................................HB 537 Charter schools; use of surplus property; revise certain provisions .......................HB 555 Dropout Deterrent Act; enact .................................................................................HB 634 Early care and learning; fingerprint records checks; require....................................HB 70 Education Improvement Districts; provide creation and comprehensive regulation - CA .................................................................................................... SR 153 Education, Department of; develop model program for performing arts; provisions.............................................................................................................HB 680 Education; compulsory attendance; provisions ......................................................HB 524

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6428

INDEX

Education; enrollment counts for students in certain dual enrollment programs, low-wealth capital outlay grants; embed/extend a sunset date........... SB 178
Education; establish the PROMISE III teacher's scholarship; provide for eligibility requirements ..................................................................... SB 231
Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .................................... SB 239
Education; provide for transfer of students who are military dependents into a local school system .................................................................................... SB 114
Education; student scholarship organizations; provisions......................................HB 100 Education; student scholarship organizations; repeal.............................................HB 175 Education; Teacher Loan Program; provide...........................................................HB 851 Education; unlawful disruption of/interference; operation of
public schools or public school buses; revise provisions .................................... SB 250 Education; Veterans Day; revise provision; elementary/secondary
schools shall be closed on November 11............................................................. SB 160 Educational loans; service cancelable; State Veterinary Education Board;
change certain provisions.....................................................................................HB 234 Educational programs; bilingual certification on high school diplomas;
provide .................................................................................................................HB 208 Educational programs; grants to encourage lengthening of school year;
provide .................................................................................................................HB 758 Educational programs; placement and promotion policies for
grades one, two, four, six, and seven; provisions ................................................HB 501 Elementary and secondary education; 180 day school year;
school closure on Veterans Day; provide ............................................................HB 193 Elementary and secondary education; annual contracts for certified
personnel; extend certain deadlines; provisions ..................................................HB 455 Elementary and secondary education; genetically modified
or processed foods; prohibit use ..........................................................................HB 698 Elementary and secondary education; kindergarten program;
810 hours per school year; provisions .................................................................HB 198 Elementary and secondary education; local board reassign bullying
student; authorize.................................................................................................HB 668 Elementary and secondary education; mandatory attendance;
revise certain provisions ......................................................................................HB 576 Elementary and secondary education; parents enroll child in
another school; provide option ............................................................................HB 251 Elementary and secondary education; provide information concerning
human papillomavirus; require ............................................................................HB 736 Elementary and secondary education; salary increase; provisions.........................HB 243 Georgia Appalachian Center for Higher Education; official center;
recognize..............................................................................................................HR 645 Georgia Closing the Achievement Gap Commission; create .................................HB 252

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6429

Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization ....................HB 700
Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide ...................................................................................HB 311
Georgia Master Teacher Program; provide bonus; Distinguished Teacher Leader Certification; establish ...............................................................HB 282
Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization..................................................................HB 93
Georgia Military College; eligible for HOPE grants; provide ...............................HB 162 Georgia Virtual School Opportunity and Enrichment Act; enact ..........................HB 281 Government; certain supplies, materials, agricultural products
manufactured in this state; provide contractual/purchasing preferences............... SB 44 Graduating Everyone Matters Act; enact ...............................................................HB 215 Health Benefits; Georgia School Personnel Post-employment Health
Benefit Fund; Georgia State Employees Post-employment; create..................... SB 122 High school athletics; interscholastic competition; provisions ..............................HB 161 High School Program; include home schooled students; eligible
to participate in the student honors programs...................................................... SB 210 HOPE scholarships and grants; dependent children of military personnel;
provide .................................................................................................................HB 484 House Study Committee on Regional Educational Service Agencies;
create ....................................................................................................................HR 642 House Study Committee on Uniforms in Public Schools; create...........................HR 886 International education; Georgia colleges and universities; urge.............................HR 77 Local Boards of Education; election; revise provisions ........................................... SB 84 Local boards of education; establish policy to wear school uniforms;
require ..................................................................................................................HB 704 Local Boards of Education; no person on the national/state sex offender
registry shall be eligible for election/service on board.......................................... SB 14 Local Boards of Education; provide for adoption of codes of
ethics to govern members; annual review of such codes....................................... SB 36 Local school systems; conduct an annual fitness assessment; require ...................HB 229 Lottery for education; prerequisites prior to employees receiving
compensation; provide.........................................................................................HB 677 Lottery shortfall reserve subaccounts; revise trigger reductions in HOPE;
provisions.............................................................................................................HB 157 Move on When Ready Act; enact...........................................................................HB 149 O.C.G.A.; change the designation of the State Merit System
of Personnel Administration to State Personnel Administration........................... SB 97 Parent Protection Act; enact .....................................................................................HB 37 Quality Basic Education Act; calculating grade point averages;
revise certain provisions ......................................................................................HB 313

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6430

INDEX

Quality Basic Education Act; direct instructional costs; temporarily waive certain expenditure controls ......................................................................HB 278
Quality Basic Education Act; early admission into kindergarten or first grade; provisions ......................................................................................HB 854
Quality Basic Education Act; early admission to kindergarten or first grade; provisions ......................................................................................HB 829
Quality Basic Education Act; guaranteed valuation school system; revise definition ...................................................................................................HB 279
Quality Basic Education Act; mathematics or science teachers; additional compensation; provide........................................................................HB 280
Quality Basic Education Act; preparatory tests for college entrance exams; provide.....................................................................................................HB 547
Quality Basic Education Act; testing windows for state assessments; provide .................................................................................................................HB 336
Quality Basic Education Formula; no voucher enforced unless funded by General Assembly; provide ................................................................HB 649
Religious Viewpoints Antidiscrimination Act; enact...............................................HB 33 Sales and use tax exemption; certain school supplies; energy
efficient products; provide ...................................................................................HB 120 Sales and use tax exemption; certain school supplies; provide................................HB 97 Sales and use tax; required textbooks for accredited postsecondary
institutes; provide exemption...............................................................................HB 391 State Board of Education; home study student; dual enrollment program;
provide .................................................................................................................HB 423 State Board of Technical and Adult Education; change name
to State Board of the Technical College System of Georgia...............................HB 301 Student Health; provide for possession/self-administration of
auto-injectable epinephrine by students................................................................... SB 8 Student health; school provide certain information to guardians; require .............HB 300 Student immunizations; parent or guardian may exempt child; provide................HB 834 Student scholarship organizations; revise definition; provisions ...........................HB 394 Teacher Access to Resources Act; enact ................................................................HB 503 Teachers Retirement System of Georgia; any full-time public
school employee may elect to become a member; provide .................................HB 849 Technical college or institution; legislative approval for creation
or discontinuation; require ...................................................................................HB 294 Technical College System of Georgia; retirement and pensions;
provisions.............................................................................................................HB 266 Trustee, Board/Georgia Military College President; urged to
maintain the current military programs ................................................................. SR 96 University System of Georgia; report institutional profile information;
require ..................................................................................................................HB 647 Veterans Day; public schools closed November 11; provide.....................................HB 3

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6431

EDUCATION, DEPARTMENT OF AND STATE BOARD OF Education, Department of; develop model program for performing arts; provisions.............................................................................................................HB 680 Student health; school provide certain information to guardians; require .............HB 300
ELBERT COUNTY Office of chief magistrate; nonpartisan elections; provide.....................................HB 431
ELECTIONS Agreement Among the States to Elect the President by National Popular Vote; enact..............................................................................................HB 408 Campaign contributions; filing campaign disclosure reports; change provisions ..................................................................................................HB 34 Courts; recusal of certain judges; provisions..........................................................HB 601 Election; increase filing fees/fines for campaign, financial, and lobbyist disclosure reports that are filed late ......................................................... SB 17 Election; reporting of certain campaign contributions; require special expedited reporting ................................................................................................ SB 70 Elections and primaries; voter registration; proof of United States citizenship; provisions ...........................................................................................HB 45 Elections; 2010 pilot program; electronic transmission of absentee ballots; provisions ................................................................................................HB 665 Elections; absentee ballots; returns be made by precinct; provide...........................HB 86 Elections; address confidentiality; provisions ........................................................HB 227 Elections; conduct at polling places; text messaging or mobile devices; prohibit.................................................................................................................HB 548 Elections; electronic voting systems; tabulate absentee votes when polls open; authorize ..................................................................................HB 780 Elections; handled by state registered voters; require ............................................HB 225 Elections; identification of campaign communications; provide certain requirements.............................................................................................HB 569 Elections; nonpartisan; certain officials; provide .....................................................HB 14 Elections; nonpartisan; certain officials; provide .....................................................HB 88 Elections; nonpartisan; certain officials; provide ...................................................HB 130 Elections; nonpartisan; certain officials; provide by local law ................................HB 85 Elections; nonpartisan; clerks of superior court; provide.......................................HB 135 Elections; nonpartisan; county commissioners; provide ........................................HB 133 Elections; nonpartisan; district attorneys; provide .................................................HB 136 Elections; nonpartisan; sheriffs; provide ................................................................HB 134 Elections; nonpartisan; solicitors-general; provide ................................................HB 132 Elections; nonpartisan; tax receivers; provide........................................................HB 131 Elections; presidential preference primary; change date........................................HB 848 Elections; registration of voters; provisions ...........................................................HB 549

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6432

INDEX

Elections; remove references to ballot cards; provisions .......................................HB 540 Elections; superintendent establish polling places outside of boundaries;
authorize...............................................................................................................HB 268 Eligibility to vote; verification of citizenship; provisions - CA ...............................HR 12 Ethics in Government Act; filing campaign reports; change
certain provisions.................................................................................................HB 551 Ethics in Government Act; prohibitions against campaign contributions
by regulated entities to their elected regulators; revise provisions...................... SB 168 Ethics in government; file disclosure reports electronically;
State Ethics Commission; provisions ..................................................................HB 370 Ethics in government; funds transferred from one candidate's
campaign account to certain other accounts; limit amount .................................HB 855 Ethics; reforms; provide for lobbyist training; provide for expanded
lobbyist disclosure; change certain provisions ...................................................... SB 96 Incarcerated persons; moral turpitude felonies; vote; provide - CA ........................HR 76 O.C.G.A.; correct errors/omissions; Title 21............................................................ SB 47 Public office; elections; vote by secret ballot; provisions - CA ...............................HR 22 State House districts; election of Representatives; provisions ...............................HB 625 Vote; proof of identity; valid student identification; provide.................................HB 209 Voter registration; proof of citizenship; provisions................................................HB 139 Voters; applying to register to vote; persons shall provide proof
of United States citizenship prior to acceptance of registration ............................ SB 86
ELLAVILLE, CITY OF Ellaville-Schley County Charter and Unification Commission Act; enact ............HB 791
EMANUEL COUNTY Oak Park, Town of; municipal court; provisions ...................................................HB 754 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294
EMERGENCY MANAGEMENT ACT Chief Judge of the Court of Appeals; emergency powers; provisions ...................HB 185 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615
EMERGENCY MEDICAL SERVICES Ad valorem tax; fund trauma care; provide - CA...................................................HR 162 Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require.................................................HB 325 Georgia Trauma Care Network Commission; add a definition; revise certain provisions ......................................................................................HB 363 Georgia Trauma Care Network Commission; certain reports; certain funds; provisions......................................................................................HB 148

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6433

Georgia Trauma Care Network Commission; extensively revise duties; definitions; funding priorities; abolish Georgia Trauma Trust Fund .................. SB 156
Georgia Trauma Care Trust Fund; creation and funding; provide - CA ................HR 370 Health; require the board to administer examinations; respective scopes
of practice for purposes of certifying emergency medical technicians ............... SB 233 Revenue and taxation; ad valorem tax; Georgia Trauma Trust Fund;
provide .................................................................................................................HB 192
EMERSON, CITY OF Doug Ferguson Memorial Bridge; dedicate ...........................................................HR 317 State highway system; certain portions; dedicate...................................................HR 336
EMINENT DOMAIN Eminent domain; condemnation of property; municipal or county approval; require ..................................................................................................HB 362
EMPLOYEES'RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)
ENERGY Georgia Nuclear Energy Financing Act; procedure for changing any rate, charge; recover cost of financing; nuclear generating plant.................................. SB 31 House Study Committee on the National Renewables Energy Portfolio Standards; create...................................................................................HR 777 Joint Study Committee for Clean Energy Technology; create .................................HR 10
ENVIROMENTAL PROTECTION (See Conservation and Natural Resources)
EQUAL RIGHTS United States Constitution; religious organizations receive public aid; prevent discrimination - CA ................................................................................HR 567
ESTATES (See Wills, Trusts, and Administration of Estates)
ETHICS IN GOVERNMENT Campaign contributions; filing campaign disclosure reports; change provisions ..................................................................................................HB 34 Courts; recusal of certain judges; provisions..........................................................HB 601 Election; increase filing fees/fines for campaign, financial, and lobbyist disclosure reports that are filed late ......................................................... SB 17 Election; reporting of certain campaign contributions; require special expedited reporting ................................................................................................ SB 70

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6434

INDEX

Elections; identification of campaign communications; provide certain requirements.............................................................................................HB 569
Ethics in Government Act; filing campaign reports; change certain provisions.................................................................................................HB 551
Ethics in Government Act; prohibitions against campaign contributions by regulated entities to their elected regulators; revise provisions...................... SB 168
Ethics in government; file disclosure reports electronically; State Ethics Commission; provisions ..................................................................HB 370
Ethics in government; funds transferred from one candidate's campaign account to certain other accounts; limit amount .................................HB 855
Ethics; reforms; provide for lobbyist training; provide for expanded lobbyist disclosure; change certain provisions ...................................................... SB 96
EVIDENCE Detention; provide certain incarcerated persons shall be tested for HIV prior to release; notice; counseling .......................................................... SB 64 Evidence; revise, supersede, and modernize provisions; provide definitions ..............................................................................................................HB 24 General Assembly; committees; witnesses and documents; authorize ..................HB 490 Privilege; confidentiality of communications between husband and wife; change certain provisions.....................................................................................HB 840

F
FAMILY (See Domestic Relations)
FAMILY VIOLENCE Family violence and stalking protective order registry; repeal article ...................HB 536 Family violence situations; protection for family pets; provide.............................HB 429 State Commission on Family Violence; date which commission cease to exist; repeal ............................................................................................HB 385 Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions ........................................ SB 172
FANNIN COUNTY Fannin County Water Authority Act; enact............................................................HB 836
FARMS AND FARM PRODUCTS Agriculture Commissioner; trademark; create .......................................................HB 232 Agriculture; farm to school program to promote Georgia-grown products; provide .................................................................................................................HB 847

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6435

Agriculture; provide for an Agricultural Commodity Commission for Ornamental Plants; balloting.......................................................................... SB 152
Boll Weevil Eradication; definitions; assessments; penalties; change certain provisions....................................................................................... SB 43
FEDERAL GOVERNMENT Claim sovereignty under Tenth Amendment of Constitution over certain powers; serve notice to federal government to cease and desist .........................HR 280 Claim sovereignty under Tenth Amendment to Constitution; serve notice to federal government......................................................................HR 492 Congress and President Obama; enact comprehensive immigration reform; urge .........................................................................................................HR 339 Congress of the United States; oppose Freedom of Choice Act; urge ...................HR 334 Congress; oppose legislation that interferes with state's ability to transport horses; request ..................................................................................HR 583 "Employee Free Choice Act"; urge United States Congress to oppose any efforts to adopt................................................................................ SR 49 General Assembly; development of Georgia's energy resources; express support ....................................................................................................HR 338 House of Representatives; development of Georgia's energy resources; express support ....................................................................................................HR 337 Labor union elections; urge Georgia Congressional Delegation to reject such measures ..........................................................................................HR 23 National Childhood Brain Tumor Prevention Network Act; urge President of the United States Congress to support legislative efforts to enact ..................................................................................................................... SR 291 National Institutes of Health and the United States Congress; use of mercury; urge action .................................................................................HR 649 President and United States Congress; Mr. Cesar E. Chavez's birthday; national holiday; request......................................................................................HR 340 President and United States Congress; urged to support legislative efforts to reduce America's foreign oil dependence ..............................................HR 25 President Barack Obama; select Mr. Thomas J. Harrold, Jr. as Ambassador to Germany; request ...................................................................HR 672 President of the United States; continue the uninterrupted production of F-22 Raptor; request ........................................................................................HR 259 State income tax; federal reserve banks in Georgia shall not be exempt; provide .................................................................................................................HB 466 States' sovereignty; based on constitutional principles; affirm ..............................HR 773 United State Congress; urge to oppose efforts to adopt "Employee Free Choice Act".................................................................................HR 71 United States Congress; adopt Fair Tax Act; urge .................................................HR 821 United States Congress; avoid wasteful projects; request ......................................HR 535

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INDEX

United States Congress; build reservoirs upstream from Lake Sidney Lanier; urge..............................................................................................HR 180
United States Congress; change definition of renewable biomass; request ...........HR 622 United States Congress; investigate fluctuation in oil and gas prices; urge...........HR 493 United States Congress; pass legislation that addresses subprime
consumer needs; request ......................................................................................HR 775 United States Congress; send legislatures repeal of Sixteenth
Amendment; urge ................................................................................................HR 137 United States Congress; study FICA credit scoring system; urge..........................HR 884 United States Congress; support Georgia chicken growers; encourage.................HR 581 United States Constitution; religious organizations receive public aid;
prevent discrimination - CA ................................................................................HR 567 United States National Health Insurance Act; urge Congress to adopt..................HR 120
FINANCIAL INSTITUTIONS Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipients.......................... SB 59 Financial institutions; protection of aged or incapacitated adults; provisions.............................................................................................................HB 636 Financial institutions; S.A.F.E. Mortgage Licensing Act of 2008; incorporate provisions..........................................................................................HB 312 Financial institutions; update definitions; provisions.............................................HB 141 Georgia's Antidiscrimination Act of 2009; establish..............................................HB 291 Income taxes; net capital gains excluded from state taxable income; provide .................................................................................................................HB 655 Mortgage lenders and brokers; escrow accounts; tax payments; provide method ....................................................................................................HB 398
FINES AND FORFEITURES Brain and Spinal Injury Trust Fund; additional penalty for violation; authorize...............................................................................................................HB 760 Courts; additional criminal penalties for purposes of drug abuse treatment/education programs; revise provisions ................................................ SB 112
FIRE PROTECTION AND SAFETY Fireworks; provide a definition for the term "indoors" .......................................... SB 253 Georgia Fire Safety; sale of novelty cigarette lighters; prohibit ............................HB 535 Public Records; firefighters/emergency medical technicians; clarify disclosure of federal records; certain private information ......................... SB 26
FIREARMS (Also, see Weapons) Firearms; discharge; counties or municipalities; provisions ..................................HB 182 Firearms; possession of a license to carry; add persons to exemption ...................HB 819

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6437

Firearms; training of licensed persons; provide .....................................................HB 259 Licenses; handgun safety course; provide ..............................................................HB 286 Licenses; pistol or revolver; include photograph and current address;
provide .................................................................................................................HB 260 Pistol or revolver license; training for certain persons; license
shall include photograph and current address; provide .......................................HB 835 Sales and use tax exemption; ammunition and ammunition components;
provide .................................................................................................................HB 707 Sales and use tax; firearms, ammunition, or both; provide exemption ..................HB 767
FIREFIGHTERS Public Records; firefighters/emergency medical technicians; clarify disclosure of federal records; certain private information ......................... SB 26
FIREWORKS Fireworks; provide a definition for the term "indoors" .......................................... SB 253
FISH AND FISHING (See Game and Fish)
FLAG (See State Symbols)
FOOD, DRUGS, AND COSMETICS Brand name drugs; substitute generic drugs; provisions........................................HB 194 Food Standards, Labeling/Adulteration; requirements for testing of samples/specimens of food; prohibited acts; change certain provisions ............... SB 80 Food; Georgia Food Act enforcement; change certain provisions.........................HB 381 Hambone Jam; official Georgia State BBQ Championship competition; recognize..............................................................................................................HR 778 Pharmacy benefit manager; favor pharmacy prescription filling; provisions.............................................................................................................HB 369 Pharmacy Benefits Managers; provide for regulation and licensure by the Commissioner of Insurance; definitions; license requirements/filing fees ....................................................................................... SB 123 Prescription drugs; brand necessary indication applies to refills; provisions.............................................................................................................HB 523 Prescription drugs; prescription information used for commercial purposes; prohibit ................................................................................................HB 820 Prescription drugs; substitution of generic drugs; change certain provisions.............................................................................................................HB 681 Prescription drugs; unused; health care facility; revise definition .........................HB 346 Professions/Businesses; clarify applications submitted in prescribed form not necessarily written document; provisions............................................. SB 195 Safe Medications Practice Act; enact .....................................................................HB 361

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6438

INDEX

Sales and use tax exemptions; eligible food and beverages; change certain provisions.....................................................................................HB 442
FORECLOSURE Recording of foreclosures and deeds; timely filing of deed; provisions ..................HB 40
FOREIGN GOVERNMENTS Gaza strip; expressing support for the nation of Israel in its defense against terrorism .......................................................................................HR 29
FORGERY AND FRAUDULENT PRACTICES Deposit account fraud; definition of consideration; revise.....................................HB 861 Electronic Mail Fraud; definitions; prohibit a person from using certain computers to retransmit commercial email to deceive recipients.......................... SB 59
FORSYTH COUNTY Board of Commissioners; elections; provisions .....................................................HB 378 Board of Education; election of members; provisions ...........................................HB 373 Judge Richard S. (Stan) Gault Memorial Interchange; dedicate ............................HR 167 Sgt. D.P. Land Memorial Bridge; dedicate ............................................................HR 441 State highway system; certain portions; dedicate...................................................HR 336
FORT OGLETHORPE, CITY OF; corporate boundaries; provide......................HB 830
FRANKLIN, CITY OF Compensation of mayor and councilmembers; establish .......................................HB 770
FRANKLIN SPRINGS, CITY OF; corporate boundaries; provide ......................HB 769
FUEL (See Gas, Gasoline, and Gas Services)
FULTON COUNTY Board of Commissioners; duties of chairperson; provide ......................................HB 648 Board of Education; system for pensions and retirement pay; provisions .............HB 459 Employee benefits made available to judges; provide ...........................................HB 718 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294 State of Georgia property; certain counties; nonexclusive easements; authorize...............................................................................................................HR 279

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6439

FUNERAL DIRECTORS AND EMBALMERS Deceased individuals; regulation of certain areas; disposition of bodies; provisions...............................................................................................................HB 68

G
GAINESVILLE, CITY OF Elect chairperson of board of education by election; provide nonbinding advisory referendum ............................................................................................HB 803 Gainesville Redevelopment Authority; composition and organization; modify..................................................................................................................HB 801 Select mayor by election; provide nonbinding advisory referendum.....................HB 802
GAMBLING Cockfighting; punishments; provisions ..................................................................HB 109 Gambling; coin operated amusement machines; revise definitions .......................HB 293
GAME AND FISH Game and fish; taking of nongame species; change certain provisions .................HB 603 Hunting; permits to kill deer; damage to crops; change certain provisions ...........HB 570 Licenses; hunting, fishing, and trapping; change certain provisions......................HB 326 Natural Resources Board; rules and regulations; watercraft; penalty of violations; change certain provisions ................................................... SB 72 Outdoor sports activities; engaging while under the influence; prohibit ...............HB 669 Season and bag limit; open seasons; change certain provisions.............................HB 402 Special license plates; Georgia Aquarium; provisions...........................................HB 639 Special license plates; protection of wild dolphins in Georgia; provide ................HB 856 Wildlife; prohibition against trapping wildlife upon the rights of way of public roads/highways; provide exception.......................................... SB 110 Wildlife; restrictions on hunting certain animals with lights ................................ SB 111 Wildlife; use of certain drugs on wildlife; regulate................................................HB 416
GARDEN CITY, CITY OF Create new charter ..................................................................................................HB 297 Deannex property; provide .....................................................................................HB 772
GAS, GASOLINE, AND GAS SERVICES Gasoline; suppliers of automotive gasoline; fuel alcohol; define certain terms; change certain provisions................................................................ SB 30 Retrofit of Diesel Engines; joint study committee; create...................................... SR 109 Sales and use tax; jet fuel; continue exemption......................................................HB 212

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6440

INDEX

GENERAL ASSEMBLY Adjournment; relative to...........................................................................................HR 17 Adjournment; relative to.........................................................................................HR 238 Adjournment; relative to.........................................................................................HR 565 Citizens' Redistricting Commission; create - CA...................................................HR 229 Claim sovereignty under Tenth Amendment of Constitution over certain powers; serve notice to federal government to cease and desist .........................HR 280 Claim sovereignty under Tenth Amendment to Constitution; serve notice to federal government......................................................................HR 492 Congress; oppose legislation that interferes with state's ability to transport horses; request ..................................................................................HR 583 Counties; future laws; expenditure of funds; provisions - CA ...................................HR 4 Elections; nonpartisan; certain officials; provide by local law ................................HB 85 Ethics in Government Act; prohibitions against campaign contributions by regulated entities to their elected regulators; revise provisions...................... SB 168 Gaza strip; expressing support for the nation of Israel in its defense against terrorism ....................................................................................................HR 29 General Appropriations Act; State Fiscal Year 2008 - 2009; change certain appropriations ..............................................................................HB 150 General Appropriations Act; State Fiscal Year 2008 - 2009; change certain appropriations ..............................................................................HB 151 General appropriations; State Fiscal Year July 1, 2009 - June 30, 2010................HB 119 General Assembly Convened; notify Governor ......................................................... SR 4 General Assembly; additional fees for offenses; allocate to Brain and Spinal Injury Trust Fund - CA ............................................................HR 648 General Assembly; authorize to provide a general law for payment of rewards; first commercial oil and natural gas wells - CA ................................. SR 12 General Assembly; committees; issuance of subpoenas; provisions .....................HB 510 General Assembly; committees; witnesses and documents; authorize ..................HB 490 General Assembly; development of Georgia's energy resources; express support ....................................................................................................HR 338 General Assembly; fiscal bills; requirements for fiscal notes regarding legislation; provide exceptions............................................................ SB 158 General Assembly; Georgia Department of Transportation; develop plan for maglev train; express................................................................HR 606 General Assembly; House Committee on Information and Audits; secure witnesses and documents; authorize.........................................................HB 676 General Assembly; law for townships; provide - CA ................................................HR 8 General Assembly; pari-mutuel betting on horse and dog races; provisions - CA....................................................................................................HR 534 General Assembly; provide homeowner tax relief grants; appropriate funds - CA................................................................................................................HR 7

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6441

General Assembly; standing and special committees; witnesses under oath; provide ................................................................................................HB 90
General Assembly; telephone subscriber charges; fund trauma services; provide - CA ........................................................................................................HR 139
Georgia Faith and Clergy Day Commission; create...............................................HR 675 Georgia Judicial Retirement System; creditable service; member
of General Assembly; provisions.........................................................................HB 463 Georgia Trauma Care Network Commission; certain reports;
certain funds; provisions......................................................................................HB 148 Georgia Trauma Care Trust Fund; creation and funding; provide - CA ................HR 370 Governor; urged to proceed with leases for exploration and drilling for oil
and natural gas off Georgia coast ..........................................................................HR 32 Governor; convene General Assembly special session; 3 percent
or more revenue decline - CA..............................................................................HR 138 Governor's veto; one house overrides; other house votes immediately;
provide - CA ............................................................................................................HR 3 Health Care Transformation; create Joint Study Committee ................................. SR 331 House and Senate; certain committees; amend Official Code
of Georgia Annotated references .........................................................................HB 117 House convened; notify Senate ................................................................................HR 13 House Rules; Pledge of Allegiance to the Georgia Flag; provide..........................HR 164 House; adopt rules ....................................................................................................HR 14 House; relative to officials, employees, and committees .........................................HR 15 Joint Equine Industry Study Committee; create .......................................................HR 78 Joint session; message from Chief Justice of Supreme Court................................HR 121 Joint session; message from Governor .....................................................................HR 16 Joint Study Committee for Clean Energy Technology; create .................................HR 10 Joint Study Committee on Nursing Education in Georgia; create .........................HR 532 Joint Study Committee on Sales and Use Tax Simplification; create ....................HR 579 Joint Study Committee on SITE TO GROW GEORGIA, Alternative
Financing, and Entrepreneurship; create .............................................................HR 166 Joint Telecommunications Comprehensive Reform Study Committee;
create .................................................................................................................... SR 402 Judicial Qualifications Commission; remove power; provisions - CA ....................HR 74 Labor union elections; urge Georgia Congressional Delegation
to reject such measures ..........................................................................................HR 23 Legislative branch; issuance of subpoenas; provide - CA......................................HR 335 MARTA; exercise authority to combine with Georgia Regional
Transportation Authority; urge ............................................................................HR 368 Proposing amendments to state Constitution; hold a Convention;
provisions.............................................................................................................HB 250 Retrofit of Diesel Engines; joint study committee; create...................................... SR 109

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Rosa Parks and others; urging the placement of their portraits in the state capitol ..................................................................................................HR 28
Security and immigration compliance; public employers; clarify requirements.............................................................................................................HB 2
Senate Convened; notify House of Representatives................................................... SR 3 State Fiscal Year; July 1, 2009 - June 30, 2010; make and provide
appropriations ......................................................................................................HB 152 State Fiscal Year; July 1, 2009 - June 30, 2010; make and provide
appropriations ......................................................................................................HB 153 States' sovereignty; based on constitutional principles; affirm ..............................HR 470 Supplemental appropriations; State Fiscal Year
July 1, 2008 - June 30, 2009 ................................................................................HB 118 Taxpayer Dividend Amendment of 2010; enact - CA..............................................HR 11 Truth in Testimony Act; require an oath for purposes of presenting
certain evidence to committee/subcommittee of General Assembly....................... SB 7
GENERAL PROVISIONS, OCGA Confederate Heritage and History Month; observe in April; annually ..................HB 103 Confederate Heritage/History Month; create; provide Ralph Mark Gilbert Civil Rights Museum/official state historical civil rights museum ....................... SB 27 House and Senate; certain committees; amend Official Code of Georgia Annotated references .........................................................................HB 117 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration........................... SB 97 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 O.C.G.A.; correct errors/omissions; Title 21............................................................ SB 47 O.C.G.A.; correct errors/omissions; Title 47............................................................ SB 48 States' rights; based on Jeffersonian principles; affirm ..........................................HR 776
GENEVA, CITY OF; designate town center; provide............................................HB 518
GEORGIA BUILDING AUTHORITY Georgia Building Authority; exempt from certain sales and use tax; provisions.............................................................................................................HB 333 State government; police duties in Capitol Square; Department of Public Safety; reimburse..................................................................................HB 662
GEORGIA BUREAU OF INVESTIGATION (GBI) Chief medical examiner; devote full time to duties and responsibilities of the office; require ............................................................................................HB 785 Criminal Records; increase the fees for providing certain records ........................ SB 102 Georgia Bureau of Investigation; bingo games; Department of Revenue; provisions...............................................................................................................HB 51

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6443

Georgia Bureau of Investigation; state-wide "Blue Alert" system; create .............HB 140 Georgia Bureau of Investigation; state-wide "Blue Alert" system; create;
provisions...............................................................................................................HB 36 Georgia Crime Information Center; criminal records; change provisions .............HB 511 Georgia Crime Information Center; provide access to criminal history;
change provisions ..................................................................................................HB 10 Georgia StopMeth Log; establish; electronically recording the identity;
provide statement of purpose; definitions; misdemeanor penalty ........................ SB 56 Local Government; prohibit immigration sanctuary policies
by local governmental entities; provide penalties ................................................. SB 20
GEORGIA MEDICAL CENTER AUTHORITY ACT Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization..................................................................HB 93
GEORGIA REGIONAL TRANSPORTATION AUTHORITY Public utility and transportation; state government endorsed rideshare programs; provisions............................................................................HB 440 Transforming Transportation Investment Act; create State Transportation Agency; definitions; purposes; abolish State Road/Tollway Authority .............. SB 200
GEORGIA TECHNOLOGY AUTHORITY Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 State government; Georgia Technology Authority; develop certain plans and reports; authorize...........................................................................................HB 436 State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee .................................................. SB 194
GILMER COUNTY Gilmer County Kids Kottage Commission; membership; change .........................HB 806
GLENNVILLE, CITY OF Corporate limits of city; change .............................................................................HB 757 Veterans Boulevard; dedicate .................................................................................HR 440
GLYNN COUNTY Ad valorem tax; county purposes; homestead exemption; provisions ...................HB 178 Ad valorem tax; school district; homestead exemption; provisions.......................HB 179 Brunswick-Glynn County Joint Water and Sewer Commission; immunity for commission and its officers, agents, and employees..................... SB 268 Brunswick-Glynn County; Joint Water and Sewer Commission; create ...............HB 628 Edward A. Logan Memorial Bridge; dedicate........................................................HR 163 State highway system; certain portions; dedicate...................................................HR 336

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6444

INDEX

GORDON COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294
GOVERNOR Agriculture; provide for an Agricultural Commodity Commission for Ornamental Plants; balloting.......................................................................... SB 152 Budget Act; application of zero-based budgeting; provisions .................................HB 44 General Assembly Convened; notify Governor ......................................................... SR 4 Georgia Agency Accountability Act; enact............................................................HB 206 Georgia Government Accountability Act; enact ....................................................HB 236 Governor; urged to proceed with leases for exploration and drilling for oil and natural gas off Georgia coast ..........................................................................HR 32 Governor; coastal areas of Georgia; drilling; provide ............................................HB 421 Governor; convene General Assembly special session; 3 percent or more revenue decline - CA..............................................................................HR 138 Governor; require tax expenditure reviews as part of budget report; provide for definition ........................................................................................... SB 206 Governor; serve six-year term; not succeed himself or herself; provide - CA ........................................................................................................HR 563 Governor's veto; one house overrides; other house votes immediately; provide - CA ............................................................................................................HR 3 Homeowner tax relief grants; appropriating funds; change manner and method...........................................................................................................HB 826 Joint session; message from Governor .....................................................................HR 16 Local government; homeowner tax relief grants; change certain provisions.............................................................................................................HB 143 Motor Vehicles; driver's license requirements; provisions; serious injury due to a right of way violation resulting in collision; revise penalties ................ SB 196 Planning and Budget, Office of; tax expenditure review as part of budget report; require ......................................................................................HB 719 Public officers and employees; establish Office of State Inspector General; provisions ................................................................................................HB 82 Regional commissions; change to regional development centers; revision of provisions...........................................................................................HB 640 Zero-Base Budgeting Act; provide for the application .............................................. SB 1
GRADY COUNTY State of Georgia property; certain counties; nonexclusive easements; authorize...............................................................................................................HR 279
GREENE COUNTY Greene County Airport Authority; reimbursement of members; change...............HB 728

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6445

GUYTON, CITY OF; corporate boundaries; change .............................................HB 786
GWINNETT COUNTY Board of Education; election of members; provide................................................HB 599 Loganville, City of; mayor and city councilmembers; change the terms...............HB 746 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294 State highway system; certain portions; dedicate...................................................HR 336

H
HALL COUNTY Spring Chicken Festival and Chicken City Cook Off; designate ...........................HR 733
HANCOCK COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294
HANDICAPPED PERSONS Blind Persons' Braille Literacy Rights and Education Act; enact ..........................HB 566 Commission for the Blind and the Visually Impaired Act; enact ..........................HB 565 Disabled adults and elder persons; revise definition; acts in long-term care facilities unlawful; provide..........................................................HB 457 Disabled veterans and blind persons; eligibility certificate; provisions.................HB 128 Georgians be aware of blind pedestrians; encourage .............................................HR 562 Handicapped persons; sport shooting ranges; wheelchair accessible; require ..................................................................................................................HB 420
HARLEM, CITY OF; mayor counted in a quorum; provisions .............................HB 630
HEALTH Ad valorem tax; fund trauma care; provide - CA...................................................HR 162 Alzheimer's Disease and Other Dementias Task Force; create .............................. SR 257 Attending physicians; order not to resuscitate a candidate for nonresuscitation; provide under certain conditions ...............................................HB 69 Blood Pressure Down Shift Program; request creation ..........................................HR 772 Community Health, Department of; contracts; subject to open records act; provide..............................................................................................HB 377 Community Health, Department of; pediatric physicians; prepare written materials; urge .........................................................................................HR 316

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6446

INDEX

Coroners; clarify Georgia Bureau of Investigations has jurisdiction over post mortem examination whose death occurs on certain state property.......................................................................................................... SB 38
Cremation; preneed authorization; provide ............................................................HB 257 Crimes and offenses; prenatal murder; define; provisions .........................................HB 1 Death certificate filings; cause and circumstances of death;
coroners; provisions...............................................................................................HB 64 Deceased individuals; regulation of certain areas; disposition
of bodies; provisions..............................................................................................HB 68 Detention; provide certain incarcerated persons shall be tested
for HIV prior to release; notice; counseling .......................................................... SB 64 Disabled adults and elder persons; revise definition; acts in
long-term care facilities unlawful; provide..........................................................HB 457 Elderly persons; offense of cruelty includes exploitation; provisions....................HB 702 Elementary and secondary education; provide information concerning
human papillomavirus; require ............................................................................HB 736 Emergency medical services personnel applicants; fingerprinting
and criminal background investigations; require.................................................HB 325 Georgia Trauma Care Network Commission; add a definition;
revise certain provisions ......................................................................................HB 363 Georgia Trauma Care Network Commission; certain reports;
certain funds; provisions......................................................................................HB 148 Georgia Trauma Care Network Commission; extensively revise duties;
definitions; funding priorities; abolish Georgia Trauma Trust Fund .................. SB 156 Georgia Trauma Care Trust Fund; creation and funding; provide - CA ................HR 370 Health Care Transformation; create Joint Study Committee ................................. SR 331 Health Share Volunteers in Medicine Act; revise a definition;
provide for sovereign immunity protection ......................................................... SB 133 Health; provide voluntary contributions through individual
income tax returns for cancer research ................................................................ SB 201 Health; require the board to administer examinations; respective scopes
of practice for purposes of certifying emergency medical technicians ............... SB 233 Hemophilia Advisory Board Act; create; provide for duties,
reporting, membership, selection of officers ....................................................... SB 159 Hospital acquisition; notice to Attorney General; change certain
provisions.............................................................................................................HB 667 Hospitals and related institutions; assisted living communities;
provisions.............................................................................................................HB 850 House Study Committee on Autism; create ...........................................................HR 650 House Study Committee on Autism; create ...........................................................HR 824 House Study Committee on Care Management Organization
Performance; create .............................................................................................HR 883

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6447

Human Resources Commissioner; authorize to appoint a diabetes coordinator ........................................................................................................... SB 163
Human Resources, Department of; adopting a special needs child; financial assistance; provide ................................................................................HB 428
Human Resources, Department of; incidence and treatment options of autism; provide guidelines..................................................................HB 774
Indigent and elderly patients; change certain definitions .......................................HB 380 Inmates; access to medical services or hospital care; claiming
exemptions by hospitals; provide ........................................................................HB 350 Marriage license; sickle cell disease information; provide ....................................HB 184 Medicaid; federal financial participation; hospitals; impose fee............................HB 307 Mental health; competent adult to control directly or indirectly
mental health care decisions; provisions .............................................................HB 339 National Childhood Brain Tumor Prevention Network Act;
urge President of the United States Congress to support legislative efforts to enact ..................................................................................................... SR 291 National Epidermolysis Bullosa Awareness Week; support goals and ideals....................................................................................................HR 282 National Institutes of Health and the United States Congress; use of mercury; urge action .................................................................................HR 649 Paramount right to life; human beings; provisions - CA............................................HR 5 Physicians for Rural Areas Assistance Act; enact..................................................HB 866 Prescription drugs; unused; health care facility; revise definition .........................HB 346 Public health system; career track program to recruit and retain nurses; require ..................................................................................................................HB 337 Revenue and taxation; ad valorem tax; Georgia Trauma Trust Fund; provide .................................................................................................................HB 192 Sales and use tax exemption; certain health information technologies; change certain provisions.....................................................................................HB 507 Serious illness; system of prevention; add certain genetic conditions ...................HB 521 Social services; transfer Division of Aging Services of the Department of Human Resources to Department of Aging; revise titles................................HB 354 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................ SB 222 Student Health; provide for possession/self-administration of auto-injectable epinephrine by students................................................................... SB 8 Student health; school provide certain information to guardians; require ..................................................................................................................HB 300 Surgical or medical treatment; additional persons authorized to consent to treatment; provisions ......................................................................HB 742 Tanning Facilities Regulation Act; enact ...............................................................HB 853 Uniform Electronic Transactions Act; enact ..........................................................HB 126

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6448

INDEX

Water pollution control; regulate surface water returns; county boards of health; change certain provisions.........................................................HB 239
Women's Reproductive Health Legislative Oversight Committee; create............. SB 223
HEALTH CARE PLANS Contracting and bidding; health insurance for employees; provide.......................HB 560 Insurance; anatomic pathology services; provide definitions ................................HB 403 Insurance; autism spectrum disorders; certain coverage; require...........................HB 426 Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize...................................................................................HB 412 Insurance; continuing care providers and facilities; extensively revise requirements ..............................................................................................HB 843 Insurance; diagnosis and treatment of infertility; require coverage .......................HB 489 Insurance; multiple employer self-insured health plan; independent nonproprietary institutions of higher education; not subject to requirements ...................................................................................................... SB 63 Local government; public works bidding; health insurance; require .....................HB 223 PeachCare for Kids Program; increase eligibility limit; provisions.......................HB 474 Religious organizations; qualify as a self-insurer; provisions................................HB 656 State employees' or board of regents' health insurance plan; Medicaid; require ....................................................................................................................HB 89 State health and human services agencies; reorganize and reestablish; provisions.............................................................................................................HB 228 United States National Health Insurance Act; urge Congress to adopt..................HR 120
HEALTH INSURANCE Contracting and bidding; health insurance for employees; provide.......................HB 560 Insurance; anatomic pathology services; provide definitions ................................HB 403 Insurance; autism spectrum disorders; certain coverage; require...........................HB 426 Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize...................................................................................HB 412 Insurance; continuing care providers and facilities; extensively revise requirements ..............................................................................................HB 843 Insurance; diagnosis and treatment of infertility; require coverage .......................HB 489 Insurance; multiple employer self-insured health plan; independent nonproprietary institutions of higher education; not subject to requirements ...................................................................................................... SB 63 Local government; public works bidding; health insurance; require .....................HB 223 PeachCare for Kids Program; increase eligibility limit; provisions.......................HB 474 Religious organizations; qualify as a self-insurer; provisions................................HB 656 State employees' or board of regents' health insurance plan; Medicaid; require ....................................................................................................................HB 89

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6449

State health and human services agencies; reorganize and reestablish; provisions.............................................................................................................HB 228
United States National Health Insurance Act; urge Congress to adopt..................HR 120
HEARING AND HEARING AIDS (See Handicapped Persons)
HELEN, CITY OF; levy an excise tax; authorize...................................................HB 638
HENRY COUNTY Board of Elections and Registration; membership; provide...................................HB 687 Dave S. Miller Memorial Bridge; dedicate ..............................................................HR 26 Magistrate Court; chief magistrate; provide...........................................................HB 688 Require board members to resign; repeal certain provisions .................................HB 730 State Court; solicitor-general; provisions ...............................................................HB 689 State highway system; certain portions; dedicate...................................................HR 336 William R. and Mamie Steele Cook Memorial Bridge; dedicate...........................HR 242
HIGHWAYS, BRIDGES, AND FERRIES Bobby Walden Highway; dedicate ...........................................................................HR 31 Dave S. Miller Memorial Bridge; dedicate ..............................................................HR 26 Donnie Dickens Memorial Highway; dedicate ......................................................HR 475 Doug Ferguson Memorial Bridge; dedicate ...........................................................HR 317 Edith C. Fulgham Memorial Bridge; dedicate........................................................HR 671 Edward A. Logan Memorial Bridge; dedicate........................................................HR 163 Edwin Price Hamilton Memorial Bridge; dedicate ..................................................HR 92 General Assembly; Georgia Department of Transportation; develop plan for maglev train; express................................................................HR 606 George W. Ford, Jr. Interchange; designate ...........................................................HR 241 Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties .................................................................... SB 85 Georgia Transportation Consolidation Act of 2009; enact.....................................HB 187 Glenn Brown Memorial Overpass; dedicate ..........................................................HR 607 Glenn McCarver Smith III Memorial Bridge; dedicate .........................................HR 564 Hinson Mosley Highway; dedicate.........................................................................HR 582 James C. Moore Corridor; dedicate ........................................................................HR 292 James Deen Road; honorary name of County Road 212; recognize ......................HR 830 James H. Chandler, Jr. Memorial Intersection; dedicate........................................ SR 176 Joe Bryan Highway; dedicate .................................................................................HR 561 Judge Richard S. (Stan) Gault Memorial Interchange; dedicate ............................HR 167 Lake Spivey Parkway; designate............................................................................HR 641 Luke Dollar Highway; dedicate..............................................................................HR 739 MARTA; administration or collection of retail sales and use tax; provide............HB 727

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INDEX

MARTA; allow a transportation services contract to authorize the extension of/addition to the Authority's existing rapid rail system ..................... SB 120
Phyllis Heller Memorial Bridge; dedicate ..............................................................HR 443 Pike County Veterans Memorial Highway; dedicate .............................................HR 473 Road systems; asbestos pipe; authorize procedures ...............................................HB 527 Roadways; certain facilities; provide regulation ....................................................HB 101 Sgt. D.P. Land Memorial Bridge; dedicate ............................................................HR 441 Shi Gray Holmes Memorial Highway; dedicate.....................................................HR 472 State highway system; certain portions; dedicate...................................................HR 336 State highway system; control of signs and signals; provide
certain height limitations .....................................................................................HB 865 State highway system; Roadside Enhancement and Beautification
Council; change certain provisions......................................................................HB 620 State Highway System; signs and signals; height limitations; allow
owners to obtain permits to remove vegetation from the viewing zones ............ SB 164 The Georgia 2020 Transportation Act; enact .........................................................HB 277 Tom Buck Parkway; dedicate.................................................................................HR 584 Transforming Transportation Investment Act; create State Transportation
Agency; definitions; purposes; abolish State Road/Tollway Authority .............. SB 200 Transforming Transportation Investment Act; enact .............................................HB 605 Trooper Tony M. Lumley Memorial Highway; dedicate .......................................HR 474 Veterans Boulevard; dedicate .................................................................................HR 440 W.F. Gay Memorial Connector; dedicate...............................................................HR 476 Weight of vehicle and load; tow vehicle; maximum weight per axle;
provide ...................................................................................................................HB 65 William R. and Mamie Steele Cook Memorial Bridge; dedicate...........................HR 242
HOLIDAYS AND OBSERVANCES Confederate Heritage and History Month; observe in April; annually ..................HB 103 Confederate Heritage/History Month; create; provide Ralph Mark Gilbert Civil Rights Museum/official state historical civil rights museum ....................... SB 27 Law Day; May 1, 2009; recognize .........................................................................HR 677 Veterans Day; public schools closed November 11; provide.....................................HB 3
HOMEOWNER TAX RELIEF GRANTS Homeowner tax relief grants; appropriating funds; change manner and method...........................................................................................................HB 826 Local government; homeowner tax relief grants; change certain provisions.............................................................................................................HB 143
HOSPITALS AND OTHER HEALTH CARE FACILITIES Hospital acquisition; notice to Attorney General; change certain provisions.............................................................................................................HB 667

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6451

Hospitals and related institutions; assisted living communities; provisions.............................................................................................................HB 850
Prescription drugs; unused; health care facility; revise definition .........................HB 346
HOUSE OF REPRESENTATIVES Acknowledge Georgia's role in slavery; urge reconciliation..................................HR 295 Allen, Dr. Bruce Stuart; Claudia Fritsche; honor and invite to House ...............................................................................................................HR 446 Alpha Phi Alpha Fraternity, Incorporated; Georgia Director; commend and invite to House .............................................................................HR 276 American Red Cross Month; March, 2009; recognize and invite representatives to House ......................................................................................HR 608 Atlanta metropolitan area employers; adopt flexible hours to reduce traffic; urge...............................................................................................HR 494 Auditory-Verbal Center, Incorporated; Debbie Brilling; commend and invite to House ................................................................................................HR 24 Bernhardt, Cadet Kevin H.; commend and invite to House ...................................HR 101 Bickerton, Ms. Laura "Molly"; commend and invite to House..............................HR 298 Boy Scouts Day in Georgia; February 18, 2009; recognize and invite designee to House ......................................................................................HR 299 Brookwood High School Broncos baseball team; commend and invite to House ..............................................................................................HR 168 Buford High School football team; commend and invite to House .......................HR 143 Buford High School Lady Wolves softball team; commend and invite to House ..............................................................................................HR 142 Business Executives for National Security; Georgia Business Force; commend and invite to House .............................................................................HR 652 Cairo High School Syrupmaker football team; commend and invite to House .....................................................................................................HR 221 Cano, David; commend and invite to the House ....................................................HR 887 Capitol Arts Standards Commission; Admiral John Henry Towers Portrait; urge ........................................................................................................HR 135 Catholic Day; March 12; recognize and invite Arch Bishop of Atlanta to House ..............................................................................................HR 588 Certain Masonic Lodge and Eastern Star; commend and invite to House ...............................................................................................................HR 319 Child Fatality Review Panel of the Year; 2007; commend and invite to House .....................................................................................................HR 183 Childs, Mr. William David; commend and invite to House...................................HR 123 Church, Mr. Robert Thomas, Senior; condolences; invite family to House ...............................................................................................................HR 277 Clayton County Water Authority; commend and invite to House .........................HR 371 Collins, Honorable Doug; commend and invite to House........................................HR 20

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6452

INDEX

Congress and President Obama; enact comprehensive immigration reform; urge .........................................................................................................HR 339
Cucolo, Major General Tony; commend and invite to House................................HR 373 Dixon, Dylan; commend and invite to House ........................................................HR 182 Dublin High School boys basketball team; commend and invite
to House ...............................................................................................................HR 734 Dupree, Mr. David M.; commend and invite to House ..........................................HR 587 Emergency Management Agencies of Georgia; directors; commend
and invite to House ................................................................................................HR 79 Environmental Protection Division; evaluate oxygen in Savannah
Harbor; request ....................................................................................................HR 533 Feinberg, Mr. Ian; commend and invite to House..................................................HR 300 Generals; strong position on "don't ask, don't tell" policy; commend....................HR 580 Georgia Department of Transportation; develop plan for building
"The Plane Train"; express ..................................................................................HR 646 Georgia Farm Bureau Federation; commend and invite to House .........................HR 122 Georgia Peach Festival; 2009 Georgia Peach Queens; commend
and invite to House ..............................................................................................HR 249 Georgia Salzburgers; 275th anniversary; celebrate and invite
Salzburger Society to House................................................................................HR 627 Georgia Tech Research Institute; commend and invite to House ..........................HR 219 Georgians be aware of blind pedestrians; encourage .............................................HR 562 Grube, Dr. Bruce; retirement; commend and invite to House................................HR 181 Hall County; Spring Chicken Festival and Chicken City Cook Off;
designate ..............................................................................................................HR 733 Hall, Ms. Beverly; commend and invite to House .................................................HR 553 Hancock, Spc. Vincent; commend and invite to House .........................................HR 230 Hardman, Miss Chasity; Miss America Pageant; commend
and invite to House ..............................................................................................HR 344 Harris, Mr. James; commend and invite to House .................................................HR 283 Holcomb, Noel Z.; retirement; congratulate and invite to House ..........................HR 222 House Constitutional Officer Fees Study Committee; create.................................HR 624 House convened; notify Senate ................................................................................HR 13 House Rules; Pledge of Allegiance to the Georgia Flag; provide..........................HR 164 House Study Committee on Addiction Prevention, Treatment, and
Recovery (APTR); create.....................................................................................HR 771 House Study Committee on Airborne Release of Pentachlorophenol
and it's Effects on the Health of Georgia Residents; create.................................HR 177 House Study Committee on Autism; create ...........................................................HR 650 House Study Committee on Autism; create ...........................................................HR 824 House Study Committee on Business Income Tax Elimination
and Job Creation; create.......................................................................................HR 651

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6453

House Study Committee on Care Management Organization Performance; create .............................................................................................HR 883
House Study Committee on City and County Consolidation; create .....................HR 820 House Study Committee on Compliance by Local Governments
with the Red Light Camera Law; create ..............................................................HR 774 House Study Committee on Dangerous Dogs; create ............................................HR 625 House Study Committee on Regional Educational Service Agencies;
create ....................................................................................................................HR 642 House Study Committee on Sales and Use Tax Exemptions; create .....................HR 740 House Study Committee on Sales and Use Tax Simplification; create..................HR 779 House Study Committee on State Agency Accountability; create.........................HR 647 House Study Committee on the National Renewables Energy
Portfolio Standards; create...................................................................................HR 777 House Study Committee on the Review, Evaluation, and Analysis
of State Tax Exemptions; create ..........................................................................HR 442 House Study Committee on Uniforms in Public Schools; create...........................HR 886 House Study Committee on Use of Quitclaim Deeds; create.................................HR 885 House; adopt rules ....................................................................................................HR 14 House; relative to officials, employees, and committees .........................................HR 15 Johnson, Randall; retirement; commend and invite to House....................................HR 6 Jonesboro High School Mock Trial team; commend and invite
to House ...............................................................................................................HR 185 Jordan, Dr. Liz; commend and invite to House......................................................HR 445 Klesko, Mr. Ryan; retirement from MLB; commend and invite
to House ...............................................................................................................HR 260 Labor union elections; urge Georgia Congressional Delegation
to reject such measures ..........................................................................................HR 23 Lakeside High School boys soccer team; commend and invite
to House ...............................................................................................................HR 342 Law Day; May 1, 2009; recognize .........................................................................HR 677 Leadership Atlanta Class of 2009; commend and invite to House ........................HR 102 Levine, Dr. David L.; Distinguished Older Georgian; commend
and invite to House ..............................................................................................HR 321 Loganville Christian Academy varsity boys basketball; commend
and invite to House ..............................................................................................HR 531 Loganville High School baseball team; commend and invite to House.................HR 586 Milton High School girls lacrosse team; commend and invite to House ...............HR 781 National Guard Day; March 5, 2009; Major General
William T. Nesbitt; commend and invite to House .............................................HR 674 Omega Psi Phi Fraternity, Inc., Day; March 25, 2009; commend
and invite to House ..............................................................................................HR 610 Omega Psi Phi Fraternity, Inc.; commend and invite to House .............................HR 609 Perry, Tyler; "Madea in the House"; commend and invite to House .....................HR 585

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6454

INDEX

Porter, Cadet Captain Earl III; commend and invite to House...............................HR 100 President and United States Congress; Mr. Cesar E. Chavez's
birthday; national holiday; request ......................................................................HR 340 President Barack Obama; select Mr. Thomas J. Harrold, Jr.
as Ambassador to Germany; request ...................................................................HR 672 President of the United States; continue the uninterrupted production
of F-22 Raptor; request ........................................................................................HR 259 Sears, Chief Justice Leah Ward; retirement; recognize and invite
to House ...............................................................................................................HR 626 Sheppard, Mr. Ralph E.; commend and invite to House ........................................HR 297 Short, Sergeant First Class Scott; commend and invite to House ..........................HR 296 South Cobb High School Marching Band; commend and invite
to House .................................................................................................................HR 19 Southland Academy High School Raiders swim team; commend
and invite to House ..............................................................................................HR 320 St. Patrick's Day Parade Committee; members; commend and
invite to House .....................................................................................................HR 444 St. Patrick's Day Parade Committee; Savannah Georgia; commend
and invite to House ..............................................................................................HR 343 State House districts; election of Representatives; provisions ...............................HB 625 Terrell Academy football team; commend and invite to House.............................HR 372 Terrell Academy Lady Eagles basketball team; commend and
invite to House .....................................................................................................HR 589 Tucker High School football team; commend and invite to House .........................HR 18 Tuten, Mr. Grover; commend and invite to House.................................................HR 184 United States Congress; adopt Fair Tax Act; urge .................................................HR 821 United States Congress; avoid wasteful projects; request ......................................HR 535 United States Congress; investigate fluctuation in oil and gas prices; urge...........HR 493 United States Congress; oppose efforts to expand reach and
scope of Clean Water Act; request ......................................................................HR 471 United States Congress; send legislatures repeal of Sixteenth
Amendment; urge ................................................................................................HR 137 United States Fish and Wildlife Service; scientific study in
Etowah River Basin; request ...............................................................................HR 578 University of West Georgia Coed Cheerleading Team; commend
and invite to House ..............................................................................................HR 141 Veterinary Medicine Day at the state capitol; February 5, 2009; declare ................HR 33 Wald, Mrs. Florence; honor; invite Georgia Hospice & Palliative
Care Organization to House.................................................................................HR 278 Wilson, Dr. Mark; National Principal of the Year; commend
and invite to House ..............................................................................................HR 144

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6455

HOUSING (Also, see Buildings and Housing) Alcoholic Beverages; counties/municipalities; prohibition against sale within 100 yards of housing authority property; provide an exception................. SB 68 Housing Authorities Law; certain past offenses; not disqualify applicants; provide...............................................................................................HB 113
HUMAN RESOURCES, DEPARTMENT OF Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require.................................................HB 325 Human Resources Commissioner; authorize to appoint a diabetes coordinator ........................................................................................................... SB 163 Human Resources, Department of; adopting a special needs child; financial assistance; provide ................................................................................HB 428 Human Resources, Department of; duty to furnish information; prohibit ...............HB 81 Human Resources, Department of; incidence and treatment options of autism; provide guidelines ...................................................................................HB 774 Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions .............................................................................................HB 254 Human Resources, Department of; policies or rules; loans, grants and benefits; provisions .........................................................................................HB 20 Private child support collection; definitions; provisions ........................................HB 189 Public health system; career track program to recruit and retain nurses; require ..................................................................................................................HB 337 State health and human services agencies; reorganize and reestablish; provisions.............................................................................................................HB 228 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................ SB 222 Student health; school provide certain information to guardians; require..............HB 300 Water pollution control; regulate surface water returns; county boards of health; change certain provisions.........................................................................HB 239
HUNTING (See Game and Fish)

I
INCOME TAX Community Health; authorized to obtain income eligibility verification from Revenue Department; Medicaid and PeachCare for Kids Program ................................................................................................. SB 165 Cost-of-Living Tax Fairness Act; enact .................................................................HB 443 Education; student scholarship organizations; provisions......................................HB 100

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6456

INDEX

Education; student scholarship organizations; repeal.............................................HB 175 Ethics in Government Act; prohibitions against campaign contributions
by regulated entities to their elected regulators; revise provisions...................... SB 168 Georgia's Antidiscrimination Act of 2009; establish..............................................HB 291 Improved Taxpayer Customer Service Act of 2009; enact ....................................HB 485 Income tax credit; 5 percent of federal Earned Income Credit claimed;
provisions.............................................................................................................HB 621 Income tax credit; caregiver expenses; revise and change .....................................HB 269 Income tax credit; certain clean energy property; change certain
provisions.............................................................................................................HB 419 Income tax credit; certain volunteer firefighters; provide ........................................HB 58 Income tax credit; citizenship expenses for low-income families;
provisions.............................................................................................................HB 759 Income tax credit; purchase of one eligible single-family residence;
provide .................................................................................................................HB 261 Income tax credit; qualified ad valorem tax expenses; provisions.............................HB 4 Income tax credit; qualified ad valorem tax expenses; provisions.............................HB 5 Income tax credit; qualified water and energy efficient product expenses;
provisions.............................................................................................................HB 519 Income tax credits; personal mass transportation expenses; provisions.................HB 255 Income tax credits; qualified reforestation expenses; provisions...........................HB 768 Income tax exemptions; custodial and noncustodial parents;
revise and change certain provisions ...................................................................HB 270 Income Tax Returns; authorize taxpayers to make certain contributions;
programs for the education of multiple sclerosis................................................... SB 25 Income tax; broadband or wireless telephone towers; tax credits;
provisions.............................................................................................................HB 415 Income tax; certain real estate investment trusts; disallow expenses paid;
provisions.............................................................................................................HB 379 Income tax; change certain definitions...................................................................HB 298 Income tax; credits; business enterprises; provide .................................................HB 439 Income tax; individual standard deductions; revise and change ............................HB 825 Income tax; qualified equipment that reduces energy or water usage;
provide for tax credits ..........................................................................................HB 405 Income tax; tax credits for qualified jobs and projects; comprehensive
revision; provide ..................................................................................................HB 438 Income tax; taxation of corporations; change certain provisions...........................HB 468 Income tax; withholding tax; seller subject to documentation
requirements; provide ..........................................................................................HB 374 Income taxes; net capital gains excluded from state taxable income;
provide .................................................................................................................HB 655 Insurance; premium taxes for certain products; provide exemption;
provisions.............................................................................................................HB 410

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6457

Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481 Revenue and taxation; forms of payment; change certain provisions....................HB 334 Small Business and Jobs Protection Act of 2009; enact...........................................HB 17 State income tax; federal reserve banks in Georgia shall not be exempt;
provide .................................................................................................................HB 466 Student scholarship organizations; revise definition; provisions ...........................HB 394 Taxable net income; AmeriCorps payments and awards; provide
deduction..............................................................................................................HB 338 Teleworking; income tax credits; provisions..........................................................HB 186
INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES Georgia State Indemnification Fund; "in the line of duty" includes commuting; provisions ........................................................................................HB 815 Highway employees; death or disability; indemnification; change provisions.............................................................................................................HB 827
INDIGENT (Also, see Social Services) Disabled adults and elder persons; revise definition; acts in long-term care facilities unlawful; provide ..........................................................................HB 457 Elderly persons; offense of cruelty includes exploitation; provisions....................HB 702 Georgia Indigent Defense Act of 2003; extensively revise; provide for the Georgia Public Standards Agency; director; powers/duties ...................... SB 42 Indigent and elderly patients; change certain definitions .......................................HB 380
INSURANCE Insurance Agent License; applicant shall be appointed by an authorized insurer prior to issuance of the license; repeal requirement .............. SB 144 Insurance Commissioner; authorize health reimbursement arrangement only plans; approved for sale; individual health insurance policies.................... SB 105 Insurance companies; liability for refusal to pay covered loss; change provisions.............................................................................................................HB 450 Insurance contracts; corporations; employees covered; change minimum number...................................................................................................HB 80 Insurance Delivery Enhancement Act of 2009; enact ............................................HB 321 Insurance; anatomic pathology services; provide definitions ................................HB 403 Insurance; autism spectrum disorders; certain coverage; require...........................HB 426 Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize...................................................................................HB 412 Insurance; continuing care providers and facilities; extensively revise requirements ..............................................................................................HB 843 Insurance; diagnosis and treatment of infertility; require coverage .......................HB 489 Insurance; dispute; material not in English; provisions .........................................HB 417

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6458

INDEX

Insurance; establish unfair trade practice to fail to consider suitability for a person 65 years of age or older ........................................................................... SB 95
Insurance; group life policy coverage; remove participation requirement.............HB 305 Insurance; group life policy insurance; remove participation requirement............HB 411 Insurance; marketing and sales; unscrupulous practices; broaden
prohibition..............................................................................................................HB 12 Insurance; multiple employer self-insured health plan; independent
nonproprietary institutions of higher education; not subject to requirements........................................................................................................... SB 63 Insurance; mutual life insurer; additional method of payment; provide ................HB 550 Insurance; premium taxes for certain products; provide exemption; provisions.............................................................................................................HB 410 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties................................................................... SB 62 Insurance; provide certain definitions; provisions..................................................HB 342 Insurance; revise time periods/eligibility for continuation coverage; group accident/sickness insurance plans ............................................................... SB 94 Life Settlements Act; license/registration requirements for life settlement brokers; definitions............................................................................... SB 61 Motor vehicles; regulate medium-speed vehicles; provisions................................HB 530 Pharmacy Benefits Managers; provide for regulation and licensure by the Commissioner of Insurance; definitions; license requirements/filing fees ....................................................................................... SB 123 Religious organizations; qualify as a self-insurer; provisions................................HB 656 State health and human services agencies; reorganize and reestablish; provisions.............................................................................................................HB 228 Uniform Electronic Transactions Act; enact ..........................................................HB 126 Workers' Compensation Insurance; revise code section; regulation of rates; remove certain references ........................................................................ SB 76
INSURANCE, DEPARTMENT AND COMMISSIONER Insurance; establish unfair trade practice to fail to consider suitability for a person 65 years of age or older ........................................................................... SB 95 Pharmacy Benefits Managers; provide for regulation and licensure by the Commissioner of Insurance; definitions; license requirements/filing fees ....................................................................................... SB 123

J
JACKSON COUNTY Airport Authority; appointment of members; change ............................................ HB 557

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6459

JAILS (See Penal Institutions)
JASPER COUNTY Superior Court; appointment of a clerk of the magistrate court ..............................SB 264
JEFF DAVIS COUNTY Denton, City of; filling vacancies; revise manner .................................................. HB 593
JEFFERSON COUNTY; Utilities Authority Act; enact ........................................ HB 637
JESUP, CITY OF; Hinson Mosley Highway; dedicate .......................................... HR 582
JOHNS CREEK, CITY OF Adoption of ordinances; certain restrictions; provide ............................................ HB 659
JOHNSON COUNTY Reapportion or redistrict; provide........................................................................... HB 726 Reapportionment or redistricting; provide ............................................................. HB 725
JONESBORO, CITY OF; Lake Spivey Parkway; designate ................................. HR 641
JUDGES Retirement; provide appellate court judges who become members; shall not be entitled to certain group term life insurance benefits........................SB 177 Superior Court of the Coweta Judicial Circuit; judges; change supplemental salaries ............................................................................................SB 154 Teachers Retirement System of Georgia; Trial Judges and Solicitors Retirement Fund; provide creditable service....................................................... HB 832
JUDICIAL CIRCUITS Cordele Judicial Circuit; superior court; change certain terms .............................. HB 216 Douglas Judicial Circuit; superior court judges; supplement paid; change ........... HB 652 Piedmont Judicial Circuit; create new superior court judgeship .............................. HB 77 State Court of Clayton County; additional judge; provisions ................................ HB 811 Superior Court of the Coweta Judicial Circuit; judges; change supplemental salaries ............................................................................................SB 154
JURIES Judicial Council of Georgia; include president and president-elect of the Council of Municipal Court Judges of Georgia; require ..................................... HB 837 State-wide grand juries; jurisdiction, powers, and duties; provide - CA.................. HR 75 Trial juries; qualification of electric membership corporation; provisions ............ HB 195

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6460

INDEX

JUVENILE PROCEEDINGS Courts; provide notice of the release of child from detention under certain circumstances; definitions ....................................................................................SB 246 Delinquent and unruly children; disposition; change provisions ........................... HB 245 Delinquent child; protective order for victims of acts of delinquency; provisions............................................................................................................. HB 729 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .....................................SB 239 Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions ............................................................................................. HB 254 Juvenile Burglary Prevention Act of 2010; enact................................................... HB 824 Juvenile proceedings; admit general public to hearings; provisions ...................... HB 616 Juvenile proceedings; arrest and detention of accused children; risk assessment instrument; provisions....................................................................... HB 246 Proceedings; admit general public to hearings in juvenile court with certain exceptions .................................................................................................SB 207 Records and hearings; sharing of confidential information; provide ..................... HB 544 Social Services; provide access by certain governmental entities/persons to records concerning reports of child abuse; define a certain term.......................SB 79

K
KENNESAW, CITY OF; corporate city limits; change provisions .......................HB 635
KINGSLAND, CITY OF Ad valorem taxes; homestead exemption; municipal purposes.............................. SB 266

L
LABOR AND INDUSTRIAL RELATIONS Georgia Works Job Creation and Protection Act of 2009; enact ...........................HB 581 Indigent and elderly patients; change certain definitions .......................................HB 380 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties................................................................... SB 62 Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481 Labor union elections; urge Georgia Congressional Delegation to reject such measures ........................................................................................................HR 23 Minimum wage; increase; provide comprehensive reform ....................................HB 290 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration ................................................ SB 97 Parent Protection Act; enact .....................................................................................HB 37
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INDEX

6461

Professions and businesses; regulation; change provisions....................................HB 509 Self-employment Assistance Program; enact .........................................................HB 288 Workers' Compensation Insurance; revise code section; regulation
of rates; remove certain references ........................................................................ SB 76 Workers' compensation; decisions of administrative law judge and
appellate division; change certain provisions ......................................................HB 330 Workers' compensation; hearing loss; hearing level frequencies; revise
certain provisions.................................................................................................HB 864
LAKES (See Rivers, Lakes, and Harbor Development)
LAMAR COUNTY Appoint county surveyor; provide..........................................................................HB 766 Livestock and Agriculture Exposition Authority; repeal .......................................HB 765
LAND (See Property)
LANDLORD AND TENANT Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents............................................................................ SB 57 Landlord and tenant; lease agreement; promissory notes or notes of obligation; clarify certain provisions ...................................................................HB 823 Property; prohibit sheriffs from turning out debtors or tenants in certain cases; provisions ..................................................................................................HB 340
LANIER COUNTY Edith C. Fulgham Memorial Bridge; dedicate........................................................HR 671 State highway system; certain portions; dedicate...................................................HR 336
LAURENS COUNTY Dublin, City of; corporate limits of city; change....................................................HB 745
LAW ENFORCEMENT OFFICERS AND AGENCIES Chief medical examiner; devote full time to duties and responsibilities of the office; require ............................................................................................HB 785 Criminal Records; increase the fees for providing certain records ........................ SB 102 Evidence; revise, supersede, and modernize provisions; provide definitions ..............................................................................................................HB 24 Georgia Bureau of Investigation; bingo games; Department of Revenue; provisions...............................................................................................................HB 51 Georgia Bureau of Investigation; state-wide "Blue Alert" system; create .............HB 140 Georgia Bureau of Investigation; state-wide "Blue Alert" system; create; provisions...............................................................................................................HB 36

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6462

INDEX

Georgia Crime Information Center; criminal records; change provisions .............HB 511 Georgia Crime Information Center; provide access to criminal history;
change provisions ..................................................................................................HB 10 Georgia Public Safety Training Center; training of elected members;
require ..................................................................................................................HB 124 Georgia StopMeth Log; establish; electronically recording the identity;
provide statement of purpose; definitions; misdemeanor penalty ........................ SB 56 Law enforcement officers and agencies; quotas for purpose of raising
revenue; prohibit ..................................................................................................HB 738 Law enforcement officers; stop motorists; race or ethnicity; prohibit .....................HB 53 Law enforcement officers; stop motorists; race or ethnicity; prohibit ...................HB 110 Local Government; prohibit immigration sanctuary policies by local
governmental entities; provide penalties ............................................................... SB 20 O.C.G.A.; change the designation of the State Merit System of Personnel
Administration to State Personnel Administration ................................................ SB 97 Peace Officers; employment and training; require verification; provide ...............HB 159 Peace officers; investigation of applicant's moral character; change
certain provisions.................................................................................................HB 522 Public Safety, Department of; Board of Public Safety; change certain
provisions.............................................................................................................HB 607 Public Safety, Department of; Motor Carrier Compliance Division;
weight inspection; provide position.....................................................................HB 343 State government; police duties in Capitol Square; Department of Public
Safety; reimburse .................................................................................................HB 662 State Public Safety Monitoring Act; establish........................................................HB 602
LAWRENCEVILLE, CITY OF; levy an excise tax; authorize.............................HB 706
LICENSE PLATES AND REGISTRATION Georgia Trauma Care Network Commission; certain reports; certain funds; provisions..................................................................................................HB 148 Historical Georgia license plates; increase time period; provide .............................HB 79 Motor vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate.............................................HB 57 Motor vehicles; license plate and tag registration suspension; provisions.............HB 838 Motor Vehicles; option of owner; permanent license plates for boat, utility, noncommercial cattle/livestock trailers; provide regulation of trailers .................................................................................................................. SB 128 Motor vehicles; period which late registration penalty not entered; provide .................................................................................................................HB 506 Motor vehicles; regulate medium-speed vehicles; provisions................................HB 530 Motor vehicles; taxicab and limousine; provide new definition ............................HB 404 Special license plates; Georgia Aquarium; provisions...........................................HB 639

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INDEX

6463

Special license plates; protection of wild dolphins in Georgia; provide ................HB 856 Special license plates; Purple Heart; provisions.....................................................HB 341 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 446 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 447 Taxation of motor vehicles; comprehensive revision; provisions..........................HB 480
LICENSES Distilled spirits; state license requirements; identifying information; provide .................................................................................................................HB 115 Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require.................................................HB 325 Licenses; handgun safety course; provide ..............................................................HB 286 Licenses; hunting, fishing, and trapping; change certain provisions......................HB 326 Licenses; pistol or revolver; include photograph and current address; provide .................................................................................................................HB 260 Nurses; education programs for licensure; revise requirements; provisions..........HB 475 Pistol or revolver license; training for certain persons; license shall include photograph and current address; provide................................................HB 835
LIENS (See Mortgages, Liens, and Security)
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Alcoholic beverages; local authorization; Sunday sales; certain public stadiums; provide.................................................................................................HB 104 Annexation of territory; deannexation; repeal certain provisions ..........................HB 558 Bonds; interest and dividends received on bond funds; provisions .........................HB 35 Code Officials; provide for protection and training; definitions; criminal penalties ............................................................................................................... SB 188 Contracting and bidding; health insurance for employees; provide.......................HB 560 Contractor; service of notice of commencement; requirements; procedure for application of certain forms ........................................................................... SB 184 Coroner; shall be a county officer; provide - CA ...................................................HR 294 Counties and municipalities; budget excess; searchable website; provisions.............................................................................................................HB 122 Counties and municipalities; nonexclusive franchise agreements; provisions.............................................................................................................HB 613 Counties; future laws; expenditure of funds; provisions - CA ...................................HR 4 Counties; provide for re-creation; voter approval - CA ...........................................HR 21 County and Municipal Probation Advisory Council; certain limitations; clarify ...................................................................................................................HB 622 County law libraries; payment of certain funds into county general fund; provisions.............................................................................................................HB 858

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6464

INDEX

County or municipality; ad valorem tax; homestead exemption; authorize - CA......................................................................................................HR 369
County property; granted first right to purchase condemned property; provide .................................................................................................................HB 703
Enterprise zone; certain criteria for pervasive property; provide...........................HB 427 Ethics; reforms; provide for lobbyist training; provide for expanded
lobbyist disclosure; change certain provisions ...................................................... SB 96 Firearms; discharge; counties or municipalities; provisions ..................................HB 182 Georgia Environmental Facilities Authority; change name to
Georgia Environmental Finance Authority .........................................................HB 244 Georgia Townships Act; enact .................................................................................HB 30 Government; certain supplies, materials, agricultural products
manufactured in this state; provide contractual/purchasing preferences............... SB 44 Homeowner tax relief grants; appropriating funds; change manner
and method...........................................................................................................HB 826 House Study Committee on City and County Consolidation; create .....................HR 820 Local Government Equipment Financing Authority Act; create ...........................HB 553 Local government storm water utility charges; exempt state
government entities; provide ...............................................................................HB 316 Local government; automatic extension of service delivery strategy
agreements; provide.............................................................................................HB 717 Local government; county surveyors; provisions.....................................................HB 72 Local government; development authorities; clarify certain terms........................HB 203 Local government; franchise fees; change provisions..............................................HB 48 Local government; homeowner tax relief grants; change certain
provisions.............................................................................................................HB 143 Local Government; newly created municipalities; change certain
provisions............................................................................................................... SB 58 Local Government; prohibit immigration sanctuary policies by local
governmental entities; provide penalties ............................................................... SB 20 Local government; public works bidding; health insurance; require .....................HB 223 Municipal corporation; special district tax; create .................................................HB 515 Municipal corporations; ante litem notice; change provisions...............................HB 125 Municipal Corporations; create special district which employ
in excess of 1500 police officers/firefighters combined........................................ SB 77 Municipal corporations; immunity from liability for damages; provisions ...........HB 683 Municipal courts; judges to be attorneys; require ..................................................HB 478 Municipal Option Sales Tax for Transportation; enact ..........................................HB 470 O.C.G.A.; change the designation of the State Merit System
of Personnel Administration to State Personnel Administration........................... SB 97 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Prosecuting attorneys; state's rights to appeal in criminal cases;
provisions.............................................................................................................HB 600

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INDEX

6465

Real and personal property; certain persons be granted first right to purchase property; provide ..................................................................................HB 857
Redevelopment Powers Law; enact..........................................................................HB 63 Redevelopment Powers Law; tax allocation increments; administrative
body consent; provide..........................................................................................HB 664 Regional commissions; change to regional development centers;
revision of provisions...........................................................................................HB 640 Sales and use tax; collecting local taxes; revise substantially................................HB 458 Sales and use tax; county and municipal; change certain provisions.....................HB 469 Sales and use tax; method of collecting local taxes; revise substantially ..............HB 356 Service delivery strategies; certain drinking water projects;
funding limitation; provide exemption ................................................................HB 406 Uniform rules of the road; bicycles on sidewalks; local government;
authorize...............................................................................................................HB 422
LOCAL OPTION SALES TAX Local option sales tax proceeds; distribution; change provisions ..........................HB 137 Sales and use tax; local option; transportation; special districts; provide ..............HB 365
LOCUST GROVE, CITY OF Authorize governing authority to levy an excise tax; provide procedures, conditions, and limitations................................................................................... SB 183 Levy an excise tax; authorize .................................................................................HB 778
LOGANVILLE, CITY OF Mayor and city councilmembers; change the terms ...............................................HB 746
LONG COUNTY; board of elections and registration; create ................................HB 798
LOTTERY FOR EDUCATION Georgia Lottery Corporation; Board of Directors; revise composition..................HB 512 Lottery for education; prerequisites prior to employees receiving compensation; provide.........................................................................................HB 677 Lottery games; use of electronic and mechanical devices; limit use......................HB 697 Lottery shortfall reserve subaccounts; revise trigger reductions in HOPE; provisions.............................................................................................................HB 157 Sales and use tax exemptions; lottery tickets; repeal .............................................HB 448
LOWNDES COUNTY Board of Commissioners; powers and composition; provisions ............................HB 756
LUMPKIN, CITY OF; provide new charter...........................................................HB 598

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6466

INDEX

M
MACON COUNTY Macon-Bibb County Water and Sewerage Authority Act; provide terms for members; federal preclearance..............................................................SB 280
MACON, CITY OF Levy an excise tax; authorize ................................................................................. HB 779 Levy an excise tax; authorize ................................................................................. HB 805 Levy an excise tax; authorize ................................................................................. HB 807
MAGISTRATE COURTS (Also, see Courts) Constables/Marshals; notify protected persons upon the service of certain protective orders .......................................................................................SB 4 Courts; required annual training for magistrates/probate judges; suspend for one year .............................................................................................SB 199 Magistrate judges; performing military duty; eligible for reelection; provisions............................................................................................................. HB 156
MANCHESTER, CITY OF Manchester Public Utilities Authority Act; enact .................................................. HB 685
MANSFIELD, CITY OF State highway system; certain portions; dedicate................................................... HR 336
MARIETTA, CITY OF; Luke Dollar Highway; dedicate...................................... HR 739
MARRIAGE (Also, see Domestic Relations) Marriage license; sickle cell disease information; provide .................................... HB 184 Privilege; confidentiality of communications between husband and wife; change certain provisions..................................................................................... HB 840
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY)
MARTA; administration or collection of retail sales and use tax; provide............ HB 727 MARTA; allow a transportation services contract to authorize the
extension of/addition to the Authority's existing rapid rail system ......................SB 120
MAYSVILLE, TOWN OF; councilmembers; change terms ................................. HB 384
MCDUFFIE COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett .............SR 294

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INDEX

6467

MENTAL HEALTH House Study Committee on Autism; create ........................................................... HR 650 Mental health; competent adult to control directly or indirectly mental health care decisions; provisions ......................................................................... HB 339 State health and human services agencies; reorganize and reestablish; provisions............................................................................................................. HB 228
MERIT SYSTEM (See State Employees or State Government)
MERIWETHER COUNTY Board of Education; stagger the terms which board members are elected................SB 66 State highway system; certain portions; dedicate................................................... HR 336
MILITARY AFFAIRS; DEPARTMENT OF DEFENSE Magistrate judges; performing military duty; eligible for reelection; provisions............................................................................................................. HB 156
MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS
Ad valorem tax; motor vehicles; certain disabled veterans; provide partial exemption ................................................................................................. HB 520
Ad valorem tax; U.S. servicemembers killed in action; surviving spouses; increase homestead exemption.............................................................. HB 407
Chief Judge of the Court of Appeals; emergency powers; provisions ................... HB 185 Firearms; carrying of concealed weapons; revise laws; provisions ....................... HB 615 Generals; strong position on "don't ask, don't tell" policy; commend.................... HR 580 HOPE scholarships and grants; dependent children of military
personnel; provide................................................................................................ HB 484 O.C.G.A.; change the designation of the State Merit System
of Personnel Administration to State Personnel Administration............................SB 97 Special license plates; Purple Heart; provisions..................................................... HB 341 Trustee, Board/Georgia Military College President; urged to maintain the
current military programs .......................................................................................SR 96
MILLEDGEVILLE, CITY OF Levy an excise tax; authorize ................................................................................. HB 776 Public Facilities Authority of the City of Milledgeville and Baldwin County Act............................................................................................................SB 265
MILLER COUNTY South Georgia Regional Information Technology Authority; change certain provisions..................................................................................... HB 710

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6468

INDEX

South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit .............................................................................. HB 787
MINORS (Also, see Juvenile Proceedings) Delinquent and unruly children; disposition; change provisions ........................... HB 245 Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days .....................................SB 239 Education; provide for transfer of students who are military dependents into a local school system .....................................................................................SB 114 Education; unlawful disruption of/interference; operation of public schools or public school buses; revise provisions ................................................SB 250 Government; certain supplies, materials, agricultural products manufactured in this state; provide contractual/purchasing preferences................SB 44 High School Program; include home schooled students; eligible to participate in the student honors programs...........................................................SB 210 Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions ............................................................................................. HB 254 Juvenile Burglary Prevention Act of 2010; enact................................................... HB 824 Juvenile proceedings; arrest and detention of accused children; risk assessment instrument; provisions....................................................................... HB 246 Local Boards of Education; no person on the national/state sex offender registry shall be eligible for election/service on board...........................................SB 14 Proceedings; admit general public to hearings in juvenile court with certain exceptions .................................................................................................SB 207 Student Health; provide for possession/self-administration of autoinjectable epinephrine by students............................................................................SB 8
MITCHELL COUNTY South Georgia Regional Information Technology Authority; change certain provisions..................................................................................... HB 710 South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit .............................................................................. HB 787 Vehicle registration period; specify........................................................................ HB 584
MONTGOMERY COUNTY Board of Commissioners; meet at certain time monthly; provide.......................... HB 749
MORTGAGES, LIENS, AND SECURITY Contractor; service of notice of commencement; requirements; procedure for application of certain forms ...........................................................SB 184 Conveyances; regulation of security conveyances; revise; provisions................... HB 264 Foreclosures; notice to occupant of impending sale; provide ................................ HB 761

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INDEX

6469

Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents..............................................................SB 57
Georgia Foreclosed Property Upkeep Act; enact ................................................... HB 627 Mechanics and materialmen; contractor sign affidavit; verify pay; provide.......... HB 253 Property; foreclosures on mortgages; require recording of documents
relating to sales under power; change provisions .................................................SB 141 Property; prohibit sheriffs from turning out debtors or tenants in certain
cases; provisions .................................................................................................. HB 340 Recording of foreclosures and deeds; timely filing of deed; provisions .................. HB 40 Stop Mortgage Foreclosure Rescue Fraud Act of 2009; establish ......................... HB 508 United States Congress; pass legislation that addresses subprime
consumer needs; request ...................................................................................... HR 775
MOTOR CARRIERS Drivers' licenses; driving record; uniform traffic citations; provisions.................. HB 396 Motor carriers; persons under 21; illegal to possess or consume alcohol while being transported; provide information ..................................................... HB 389 Motor vehicles; taxicab and limousine; provide new definition ............................ HB 404 Personal property; limit storage fees for nonconsensually towed vehicles; provisions............................................................................................................. HB 328
MOTOR FUEL AND ROAD TAX Motor fuel and road tax; inspections; definitions; change certain provisions............................................................................................................. HB 513 Revenue and taxation; prepaid state fuel tax; provide exemption.......................... HB 121 Sales and use tax; certain sales of dyed fuel oils; provide exemption...................... HB 46 Sales and use tax; motor fuel sales; change certain provisions .............................. HB 204 Sales and use tax; motor fuels; 25 percent of funds for transportation grant purposes; provide - CA............................................................................... HR 220 Sales and use tax; second motor fuel tax; change certain provisions....................... HB 61
MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; define terms; provisions .............................................. HB 83 Abandoned motor vehicles; possessory liens; define certain terms ....................... HB 174 Ad valorem tax; heavy-duty equipment motor vehicles; no tax except during year purchased; provide ........................................................................... HB 348 Ad valorem tax; heavy-duty equipment vehicles; provide partial exemption............................................................................................................. HB 318 Ad valorem tax; motor vehicles; certain disabled veterans; provide partial exemption ................................................................................................. HB 520 Aggressive driving; define the offense; provide..................................................... HB 146 Blood Pressure Down Shift Program; request creation .......................................... HR 772 Brakes; surge brakes; update certain provisions..................................................... HB 397

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6470

INDEX

Driver clinics and programs; assessment fees for approved programs; increase ................................................................................................................ HB 454
Driver Services, Department of; increase fees; speed restrictions; provisions............................................................................................................. HB 160
Driver's license; minor of disabled guardian; restricted learner's permit; provisions............................................................................................................. HB 258
Drivers' licenses; driving record; uniform traffic citations; provisions.................. HB 396 Drivers' licenses; driving while license suspended or revoked;
change certain provisions..................................................................................... HB 494 Drivers' Licenses; examinations shall be administered only in English
language; provide for an exception.........................................................................SB 67 Drivers' licenses; examinations; only in English language; provide...................... HB 533 Drivers' Licenses; extend period of suspension; certain serious offenders
before reinstatement..................................................................................................SB 2 Drivers' licenses; felony offense demarcated on driver's license;
provisions............................................................................................................. HB 572 Drivers' licenses; following a five-year revocation or suspension;
certain conditions met; provisions ....................................................................... HB 612 Drivers' licenses; instruction permit and Class D; mobile phones;
prohibit use ............................................................................................................ HB 21 Drivers' licenses; licensed defensive driving courses; provisions.......................... HB 538 Driver's Licenses; restricted; change the penalty for violation ...................................SB 6 Drivers' licenses; suspended or revoked; clarify a defense .................................... HB 554 Driving Permits; allow issuance of a limited driving permit; person
convicted of driving under the influence subject to certain conditions................SB 180 Elections; registration of voters; provisions ........................................................... HB 549 General Assembly; additional fees for offenses; allocate to
Brain and Spinal Injury Trust Fund - CA ............................................................ HR 648 Georgia Trauma Care Network Commission; certain reports;
certain funds; provisions...................................................................................... HB 148 Georgia Trauma Trust Fund; impose a charge on certain motor vehicle
registrations; transferred to state treasury for purpose of funding - CA...............SR 277 Georgians be aware of blind pedestrians; encourage ............................................. HR 562 Habitual violators and probationary licenses; notification status;
change certain provisions......................................................................................... HB 9 Highway work zones; speeding; change certain provisions................................... HB 296 Historical Georgia license plates; increase time period; provide ............................. HB 79 House Study Committee on Compliance by Local Governments
with the Red Light Camera Law; create .............................................................. HR 774 Law enforcement officers; stop motorists; race or ethnicity; prohibit ..................... HB 53 Law enforcement officers; stop motorists; race or ethnicity; prohibit ................... HB 110 Motor vehicles; cell phones; text messaging; prohibit use....................................... HB 23

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6471

Motor vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate............................................. HB 57
Motor Vehicles; driver's license requirements; provisions; serious injury due to a right of way violation resulting in collision; revise penalties .................SB 196
Motor vehicles; driving under the influence of alcohol; provisions......................... HB 92 Motor vehicles; ladder rack; carrying of ladders stacked more
than 3 high; prohibit............................................................................................. HB 828 Motor vehicles; license plate and tag registration suspension; provisions............. HB 838 Motor Vehicles; option of owner; permanent license plates for boat,
utility, noncommercial cattle/livestock trailers; provide regulation of trailers ...................................................................................................................SB 128 Motor vehicles; period which late registration penalty not entered; provide ................................................................................................................. HB 506 Motor vehicles; regulate medium-speed vehicles; provisions................................ HB 530 Motor vehicles; taxicab and limousine; provide new definition ............................ HB 404 Motor vehicles; traffic-control signal monitoring devices; repeal provisions............................................................................................................... HB 31 Motor vehicles; use of safety belts; eliminate certain exceptions ...............................SB 5 Motor vehicles; wireless communication devices; provisions ................................. HB 19 Motorcycles; intersection controlled by traffic-control signal; provide for operation ........................................................................................... HB 617 Motorcycles; provisions requiring protective headgear; exempt certain persons ..................................................................................................... HB 317 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration............................SB 97 Off-road vehicles; operating restrictions; change certain provisions ..................... HB 207 Pedestrians; provide definitions; clarify legal activities........................................... HB 13 Pedestrians; provide definitions; clarify legal activities........................................... HB 76 Rules of Road; provide for use of more than one parking place by persons with disabilities when all parking places are full ..............................SB 153 Safety belts; failure to use; evidence of negligence; provide ................................. HB 200 Safety belts; failure to use; recover costs incurred; provide................................... HB 256 Safety belts; new school buses equipped; provide ................................................. HB 201 Safety belts; passenger vehicles; change certain provisions .................................. HB 525 Safety belts; pickup trucks; rear seats of vehicles; require....................................... HB 22 Safety Belts; provide failure to use may be considered evidence of causation, negligence..........................................................................................SB 23 Secondary Metals Recyclers; provide regulation of theft of regulated metal property; transaction records; change provisions .........................................SB 82 Secondary metals recyclers; vehicles used to transport stolen metals; provide forfeiture ................................................................................................. HB 497 Special license plates; Georgia Aquarium; provisions........................................... HB 639 Special license plates; protection of wild dolphins in Georgia; provide ................ HB 856

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6472

INDEX

Special license plates; Purple Heart; provisions..................................................... HB 341 Speed detection devices; clarify definition; provide .............................................. HB 154 Speed detection devices; inadmissibility of evidence; remove restriction............. HB 532 Speed detection devices; school zones; certain restrictions not apply ................... HB 287 State title fees; motor vehicles; provide - CA......................................................... HR 566 Taxation of motor vehicles; comprehensive revision; provide .............................. HB 446 Taxation of motor vehicles; comprehensive revision; provide .............................. HB 447 Taxation of motor vehicles; comprehensive revision; provisions.......................... HB 480 The Billy Foulke Seatbelt Act; enact...................................................................... HB 142 Tires; use of retreaded tires; change provisions ..................................................... HB 144 Uniform rules of the road; bicycles on sidewalks; local government;
authorize............................................................................................................... HB 422 Uniform rules of the road; securing live animals in motor vehicles;
require .................................................................................................................. HB 692 Uniform rules of the road; vehicles used to transport aggregate materials;
clearly identify; require........................................................................................ HB 792 Used cars; nondisclosure of known defects by seller; provide penalty.................. HB 852 Vehicles; all shall be driven on right side of roadway; certain
exceptions; provide .............................................................................................. HB 631 Victim Compensation; provide for recovery for serious mental
and emotional trauma; change definitions; provisions .........................................SB 172
MOTORCYCLES Motorcycles; provisions requiring protective headgear; exempt certain persons ..................................................................................................... HB 317
MUNICIPALITIES (Also, see Local Government or Named Municipality)
Annexation of territory; deannexation; repeal certain provisions .......................... HB 558 Counties and municipalities; budget excess; searchable website;
provisions............................................................................................................. HB 122 Counties and municipalities; nonexclusive franchise agreements;
provisions............................................................................................................. HB 613 County and Municipal Probation Advisory Council; certain limitations;
clarify ................................................................................................................... HB 622 County or municipality; ad valorem tax; homestead exemption;
authorize - CA...................................................................................................... HR 369 Georgia Public Safety Training Center; training of elected members;
require .................................................................................................................. HB 124 Georgia Townships Act; enact ................................................................................. HB 30 Local government; franchise fees; change provisions.............................................. HB 48 Municipal corporation; special district tax; create ................................................. HB 515 Municipal corporations; ante litem notice; change provisions............................... HB 125

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6473

Municipal courts; judges to be attorneys; require .................................................. HB 478 Municipal Option Sales Tax for Transportation; enact .......................................... HB 470 Prosecuting attorneys; state's rights to appeal in criminal cases;
provisions............................................................................................................. HB 600 Sales and use tax; county and municipal; change certain provisions..................... HB 469 Sales and use tax; joint county and municipal; change certain provisions............. HB 272 Sales and use tax; method of collecting local taxes; revise substantially .............. HB 356 Service delivery strategies; certain drinking water projects;
funding limitation; provide exemption ................................................................ HB 406
MUSCOGEE COUNTY George W. Ford, Jr. Interchange; designate ........................................................... HR 241 State highway system; certain portions; dedicate................................................... HR 336 State of Georgia property; certain counties; nonexclusive easements; authorize............................................................................................................... HR 279 Tom Buck Parkway; dedicate................................................................................. HR 584
MUSEUMS Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide.................................................................................................. HB 108 Sales and use tax exemption; new construction of civil rights museum; provide ................................................................................................................. HB 349

N
NATURAL GAS (Also, see Gas, Gasoline, and Gas Services) Sales and use tax; natural or artificial gas sales; provide phased-in exemption.............................................................................................................HB 271
NATURAL RESOURCES (See Conservation and Natural Resources)
NATURAL RESOURCES, DEPARTMENT OF Georgia Transportation Consolidation Act of 2009; enact.....................................HB 187 Natural Resources, Department of; proposed new or revised flood elevations; require notice .....................................................................................HB 169
NEWBORN, TOWN OF; provide new charter ......................................................HB 114
NEWTON COUNTY Industrial Development Authority; rights and privileges; provide.........................HB 534 State highway system; certain portions; dedicate...................................................HR 336

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6474

INDEX

NICHOLLS, TOWN OF; filling vacancies; revise manner ...................................HB 592
NICHOLSON, CITY OF; provide new charter......................................................HB 564
NORCROSS, CITY OF Levy an excise tax; authorize .................................................................................HB 715 Mayor and city councilmembers; change terms .....................................................HB 714
NORMAN PARK, CITY OF; provide new charter ...............................................HB 737
NORTH HIGH SHOALS, TOWN OF Revise and restate town charter; provisions ...........................................................HB 783
NUCLEAR ENERGY (See Energy)
NUISANCES Nuisances; pentachlorophenal emission; provisions ..............................................HB 230
NURSES Board of Nursing; periodic reports to General Assembly; provide........................HB 526 Cosmetic Laser Practitioners; licensing; change certain provisions; amend definitions; consulting physicians............................................................ SB 104 Georgia Registered Professional Nurse Practice Act; nursing education program requirements; revise certain provisions .................................. SB 49 Georgia Registered Professional Nurse Practice Act; performance of health maintenance activities by a designated caregiver shall not be prohibited ............................................................................................................. SB 244 Health care professionals; continuing education in cultural competency; require ..................................................................................................................HB 844 Health Share Volunteers in Medicine Act; revise a definition; provide for sovereign immunity protection ......................................................... SB 133 Joint Study Committee on Nursing Education in Georgia; create .........................HR 532 Nurses; education programs for licensure; revise requirements; provisions..........HB 475 Nurses; licensure; nursing education programs; revise requirements; definitions .............................................................................................................. SB 45 Nurses; requirements for nursing education programs; revise ...............................HB 610 Public health system; career track program to recruit and retain nurses; require ..................................................................................................................HB 337

O OAK PARK, TOWN OF; municipal court; provisions ..........................................HB 754
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6475

OCHLOCKNEE, TOWN OF; provide new charter ..............................................HB 721

P
PALMETTO, CITY OF Ad valorem taxes; certain residents; provide homestead exemption .....................HB 314
PARDONS AND PAROLES Detention; provide certain incarcerated persons shall be tested for HIV prior to release; notice; counseling .......................................................... SB 64 Penal Institutions; provide courts/State Board of Pardons and Paroles greater input from crime victims, their families, interested witnesses ................ SB 151 Penal Institutions; United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer; participate ............ SB 136
PARENT AND CHILD (Also, see Domestic Relations) Domestic Relations/Social Services; sexual exploitation; expand the definition .......................................................................................................... SB 69 Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means............................ SB 169 Social Services; provide access by certain governmental entities/persons to records concerning reports of child abuse; define a certain term...................... SB 79
PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION Georgia Sports Hall of Fame Authority; composition; revise................................HB 694 State parks and recreational areas; boat shelters on High Falls Lake; provide for permits...............................................................................................HB 367 Stone Mountain Memorial Association; certain property purchased; provide tax exemption .........................................................................................HB 499
PEACE OFFICERS (Also, see Law Enforcement Officers and Agencies) Peace Officers; employment and training; require verification; provide ...............HB 159 Peace Officers; investigation of applicant's moral character; change certain provisions.................................................................................................HB 522
PEARSON, CITY OF City of Pearson Public Facilities Authority Act; create .........................................HB 793 Filling vacancies; revise method ............................................................................HB 589
PENAL INSTITUTIONS Conditions of detention; certain medical costs; deductions from inmate account; modify provisions......................................................................HB 464
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6476

INDEX

County and Municipal Probation Advisory Council; certain limitations; clarify ...................................................................................................................HB 622
Detention; provide certain incarcerated persons shall be tested for HIV prior to release; notice; counseling .......................................................... SB 64
Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions............... SB 180
Incarcerated persons; moral turpitude felonies; vote; provide - CA ........................HR 76 Inmates; access to medical services or hospital care; claiming
exemptions by hospitals; provide ........................................................................HB 350 Misdemeanor offenders; reimbursement rates; change certain provisions ............HB 284 Misdemeanor offenders; reimbursement rates; change certain provisions ............HB 285 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Penal institutions; Department of Probation/Patrol Community
Based Supervision; create......................................................................................HB 78 Penal Institutions; provide courts/State Board of Pardons and Paroles
greater input from crime victims, their families, interested witnesses ................ SB 151 Penal Institutions; United States Immigration and Customs Enforcement
Rapid Removal of Eligible Parolees Accepted for Transfer; participate ............ SB 136 Private Detective Businesses; authorize security guards/detectives
to obtain individual licensure for employment.................................................... SB 162 Probated or suspended sentences; maximum period of revocation;
change provisions ................................................................................................HB 329 Probation Detention Center; sentencing and confinement of certain
defendants; permit credit for time.......................................................................... SB 65 Probation detention centers; sentencing and confinement; change
provisions.............................................................................................................HB 226 Probation Management Act; probationers; provide comprehensive
provisions............................................................................................................... SB 24 Probation; County and Municipal Probation Advisory Council;
repeal creation......................................................................................................HB 619 Probation; sentencing court; additional charge; authorize .....................................HB 344 Probationer duties; tolling of probated sentences; clarify provisions ....................HB 859 Security and immigration compliance; public employers; clarify
requirements.............................................................................................................HB 2 Sexual offenders; classification; change and enact provisions...............................HB 571 Sexual Offenders; classification; registration, and restrictions on
residences, workplaces, and activities; change/enact provision of law............... SB 157 Sexual offenders; information to schools on accessing registry;
revise certain provisions ......................................................................................HB 651 State purchasing; free market competition; provide...............................................HB 382 The Jail and Prison Reimbursement Act; establish ................................................HB 295
PERRY, CITY OF; levy an excise tax; authorize...................................................HB 713

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6477

PETROLEUM PRODUCTS (See Gas, Gasoline, and Gas Services)
PHARMACISTS AND PHARMACIES Brand name drugs; substitute generic drugs; provisions........................................HB 194 Pharmacy benefit manager; favor pharmacy prescription filling; provisions.............................................................................................................HB 369 Pharmacy Benefits Managers; provide for regulation and licensure by the Commissioner of Insurance; definitions; license requirements/filing fees ....................................................................................... SB 123 Prescription drugs; brand necessary indication applies to refills; provisions.............................................................................................................HB 523 Prescription drugs; prescription information used for commercial purposes; prohibit ................................................................................................HB 820 Prescription drugs; substitution of generic drugs; change certain provisions.............................................................................................................HB 681 Prescription drugs; unused; health care facility; revise definition .........................HB 346 Safe Medications Practice Act; enact .....................................................................HB 361
PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE
Community Health, Department of; pediatric physicians; prepare written materials; urge .........................................................................................HR 316
Cosmetic Laser Practitioners; licensing; change certain provisions; amend definitions; consulting physicians............................................................ SB 104
Georgia Registered Professional Nurse Practice Act; performance of health maintenance activities by a designated caregiver shall not be prohibited.......................................................................................... SB 244
Health care professionals; continuing education in cultural competency; require ..................................................................................................................HB 844
Health Share Volunteers in Medicine Act; revise a definition; provide for sovereign immunity protection ......................................................... SB 133
Orthopedic Physician Assistant Act; enact.............................................................HB 862 Physicians; influenza vaccine orders; provisions ...................................................HB 217 Polysomnography Practice Act; enact....................................................................HB 675 Polysomnography Practice Act; provide for the certification
of polysomnographic technologists ..................................................................... SB 252 Student Health; provide for possession/self-administration of
auto-injectable epinephrine by students................................................................... SB 8
PIEDMONT JUDICIAL CIRCUIT Create new superior court judgeship ........................................................................HB 77
PIERCE COUNTY; board of elections and registration; create.............................HB 386

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6478

INDEX

PIKE COUNTY Ad valorem tax; provide homestead exemption .....................................................HB 753 Donnie Dickens Memorial Highway; dedicate ......................................................HR 475 Pike Clean and Beautiful Authority; change certain provisions ............................HB 562 Pike County Veterans Memorial Highway; dedicate .............................................HR 473 Recreation Authority; change name to Pike County Parks and Recreation Authority; provisions ...........................................................................................HB 561 Trooper Tony M. Lumley Memorial Highway; dedicate .......................................HR 474 W.F. Gay Memorial Connector; dedicate...............................................................HR 476
PORT WENTWORTH, CITY OF Council districts; provide........................................................................................HB 709 Deannex property; provide .....................................................................................HB 773
POSTSECONDARY EDUCATION (Also, see Education) Board of Regents Scholarship; authorize additional types of student financial assistance for medical/dental students; Medical College of Georgia............................................................................................... SB 238 Cancelable educational loans; State Veterinary Education Board; provisions...............................................................................................................HB 62 Education; establish the PROMISE III teacher's scholarship; provide for eligibility requirements ..................................................................... SB 231 Educational loans; service cancelable; State Veterinary Education Board; change certain provisions.....................................................................................HB 234 Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization.......................................HB 700 Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide ...................................................................................HB 311 Georgia Military College; eligible for HOPE grants; provide ...............................HB 162 Georgia's Antidiscrimination Act of 2009; establish..............................................HB 291 HOPE scholarships and grants; dependent children of military personnel; provide................................................................................................HB 484 Lottery shortfall reserve subaccounts; revise trigger reductions in HOPE; provisions.............................................................................................................HB 157 Move on When Ready Act; enact...........................................................................HB 149 Sales and use tax; required textbooks for accredited postsecondary institutes; provide exemption...............................................................................HB 391 Technical College System of Georgia; retirement and pensions; provisions.............................................................................................................HB 266 University System of Georgia; report institutional profile information; require ..................................................................................................................HB 647

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6479

PRETRIAL PROCEEDINGS Accusations; trial in all cases except serious violent felonies; allow.......................HB 11 Plea discussions; guilty or nolo contendere; certain requirements; provisions.............................................................................................................HB 392
PRIMARIES (See Elections)
PRISONS (See Penal Institutions)
PROBATE COURTS (Also, see Courts) Board of examiners; expenses; change certain provisions .....................................HB 332 Courts; required annual training for magistrates/probate judges; suspend for one year ............................................................................................ SB 199 Probate courts; associate probate court judges; provisions ....................................HB 495 Rockdale County; Probate Court; change compensation provisions .....................HB 818
PROBATION County and Municipal Probation Advisory Council; certain limitations; clarify ...................................................................................................................HB 622 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions............... SB 180 Motor vehicles; driving under the influence of alcohol; provisions.........................HB 92 Private Detective Businesses; authorize security guards/detectives to obtain individual licensure for employment.................................................... SB 162 Probated or suspended sentences; maximum period of revocation; change provisions ................................................................................................HB 329 Probation Detention Center; sentencing and confinement of certain defendants; permit credit for time.......................................................................... SB 65 Probation detention centers; sentencing and confinement; change provisions.............................................................................................................HB 226 Probation Management Act; probationers; provide comprehensive provisions............................................................................................................... SB 24 Probation; County and Municipal Probation Advisory Council; repeal creation......................................................................................................HB 619 Probation; sentencing court; additional charge; authorize .....................................HB 344 Probationer duties; tolling of probated sentences; clarify provisions ....................HB 859
PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS
Licensing requirements and exceptions; professional counseling, social work, or marriage and family therapy; provisions.................................................HB 60
Professional counselors; foreign-born; temporary permits; provisions..................HB 845

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6480

INDEX

PROFESSIONS AND BUSINESSES Athletic trainers; athletic injury; amend definition ................................................HB 543 Board of Nursing; periodic reports to General Assembly; provide........................HB 526 Charitable solicitations; accounting; revise certain provisions ..............................HB 863 Contractors; disclosures upon discovery of defect; provisions ..............................HB 595 Contractors; eligibility for licensure; provide ........................................................HB 579 Cosmetic Laser Practitioners; licensing; change certain provisions; amend definitions; consulting physicians............................................................ SB 104 Deceased individuals; regulation of certain areas; disposition of bodies; provisions...............................................................................................................HB 68 Disabled veterans and blind persons; eligibility certificate; provisions.................HB 128 Ethical Treatment of Human Embryos; unlawful for any person to knowingly create an in vitro human embryo by any means............................ SB 169 Fence, Automated Gate Contractors; create licensing board .................................HB 218 Georgia Registered Professional Nurse Practice Act; nursing education program requirements; revise certain provisions................................................... SB 49 Georgia Registered Professional Nurse Practice Act; performance of health maintenance activities by a designated caregiver shall not be prohibited ............................................................................................................. SB 244 Health care professionals; continuing education in cultural competency; require ..................................................................................................................HB 844 Health Share Volunteers in Medicine Act; revise a definition; provide for sovereign immunity protection ......................................................... SB 133 Indigent and elderly patients; change certain definitions .......................................HB 380 Joint Study Committee on Nursing Education in Georgia; create .........................HR 532 Licensing requirements and exceptions; professional counseling, social work, or marriage and family therapy; provisions ......................................HB 60 Mechanics and materialmen; contractor sign affidavit; verify pay; provide..........HB 253 Nurses; education programs for licensure; revise requirements; provisions..........HB 475 Nurses; licensure; nursing education programs; revise requirements; definitions .............................................................................................................. SB 45 Nurses; requirements for nursing education programs; revise ...............................HB 610 O.C.G.A.; change the designation of the State Merit System of Personnel Administration to State Personnel Administration ................................................ SB 97 Orthopedic Physician Assistant Act; enact.............................................................HB 862 Physicians; influenza vaccine orders; provisions ...................................................HB 217 Polysomnography Practice Act; enact....................................................................HB 675 Polysomnography Practice Act; provide for the certification of polysomnographic technologists ..................................................................... SB 252 Practice of architecture; projects within structures; clarify ....................................HB 231 Private Detective Businesses; authorize security guards/detectives to obtain individual licensure for employment.................................................... SB 162 Professional counselors; foreign-born; temporary permits; provisions..................HB 845

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6481

Professions and business; review of regulatory entities; determine need for change; provide......................................................................................HB 424
Professions and businesses; regulation; change provisions....................................HB 509 Professions/Businesses; clarify applications submitted in prescribed
form not necessarily written document; provisions............................................. SB 195 Real estate brokers; certain disclosures made in writing; require ..........................HB 315 Scrap metal processors; require photo identification of nonlicensed
sellers; provisions ..................................................................................................HB 43 State Board of Locksmiths; create; provisions .......................................................HB 107 Student Health; provide for possession/self-administration of
auto-injectable epinephrine by students................................................................... SB 8 Uniform Athlete Agents Act; regulation of athlete agents; terminate
Georgia Athlete Agent Regulatory Commission; definitions.............................. SB 149 Uniform Electronic Transactions Act; enact ..........................................................HB 126
PROPERTY Ad valorem tax exemption; property; provisions ...................................................HB 112 Ad valorem tax; property; change certain provisions.............................................HB 241 Ad Valorem Taxation; change factors to be considered in determining fair market value of real property .......................................................................... SB 55 Contractor; service of notice of commencement; requirements; procedure for application of certain forms .......................................................... SB 184 Conveyances; regulation of security conveyances; revise; provisions...................HB 264 County Boards of Tax Assessors; comprehensive revision of the appeal of assessments for ad valorem tax purposes....................................... SB 240 Criminal damage to property; first degree; change provisions ..............................HB 821 Eminent domain; condemnation of property; require - CA......................................HR 70 Foreclosures; notice to occupant of impending sale; provide ................................HB 761 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents............................................................. SB 57 Georgia Foreclosed Property Upkeep Act; enact ...................................................HB 627 Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization ..........................................................................HB 93 House Study Committee on Use of Quitclaim Deeds; create.................................HR 885 Landlord and tenant; lease agreement; promissory notes or notes of obligation; clarify certain provisions ...................................................................HB 823 Owners of real property; industrial areas; remove property - CA..........................HR 136 Personal property; limit storage fees for nonconsensually towed vehicles; provisions..............................................................................................HB 328 Private ways; grant up to 30 feet; provide..............................................................HB 609 Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294

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6482

INDEX

Property owners' associations; suspension of lot owners' payment obligations; provide .............................................................................................HB 418
Property; foreclosures on mortgages; require recording of documents relating to sales under power; change provisions ................................................ SB 141
Property; land covenants which prohibit certain xeriscape practices; prohibit.................................................................................................................HB 262
Property; prohibit sheriffs from turning out debtors or tenants in certain cases; provisions ..................................................................................................HB 340
Real property; residential and nonresidential; freeze valuation - CA ........................HR 1 Recorded deeds; disclose inclusion or exclusion of mineral rights; require ............HB 26 Recording of foreclosures and deeds; timely filing of deed; provisions ..................HB 40 Specialized land transactions; developers provide audits to home
and condominium owners; require ......................................................................HB 528 State of Georgia property; certain counties; nonexclusive easements;
authorize...............................................................................................................HR 279 Stop Mortgage Foreclosure Rescue Fraud Act of 2009; establish .........................HB 508 Time-share projects and programs; private residence clubs;
provide definitions ...............................................................................................HB 492 Time-share projects; estate shall include certain interests; provisions...................HB 608 Uniform Electronic Transactions Act; enact ..........................................................HB 126 Uniform Real Property Electronic Recording Act; adopt; provisions....................HB 127 United States Congress; pass legislation that addresses subprime consumer needs; request .........................................................................................HR 775
PUBLIC ASSISTANCE (Also, see Social Services) Community Health; authorized to obtain income eligibility verification from Revenue Department; Medicaid and PeachCare for Kids Program ........... SB 165 State employees' or board of regents' health insurance plan; Medicaid; require...................................................................................................HB 89
PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Bingo games; limits on amounts of prizes; remove ...............................................HB 674 Bingo; define certain terms; veterans organizations; provisions............................HB 166 Cockfighting; punishments; provisions ..................................................................HB 109 Crimes and offenses; prenatal murder; define; provisions .........................................HB 1 Domestic Relations/Social Services; sexual exploitation; expand the definition .......................................................................................................... SB 69 Gambling; coin operated amusement machines; revise definitions .......................HB 293 Gambling; nonprofit organizations; noncash prizes; provisions ............................HB 292 Gambling; pari-mutuel betting on horse and dog races; authorize.........................HB 641 General Assembly; pari-mutuel betting on horse and dog races; provisions - CA....................................................................................................HR 534

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6483

Georgia Bureau of Investigation; bingo games; Department of Revenue; provisions...............................................................................................................HB 51
Public health and morals; tattooing near the eye; change certain provisions.............................................................................................................HB 180
Public Transportation; consumption of food/beverages in a rapid rail station/intermodal bus station ................................................................ SB 89
Public transportation; regulation; provide ..............................................................HB 839 Social Services; provide access by certain governmental entities/persons
to records concerning reports of child abuse; define a certain term...................... SB 79 Victim Compensation; provide for recovery for serious mental
and emotional trauma; change definitions; provisions ........................................ SB 172
PUBLIC OFFICERS AND EMPLOYEES Agriculture; provide for an Agricultural Commodity Commission for Ornamental Plants; balloting.......................................................................... SB 152 Budget Act; application of zero-based budgeting; provisions .................................HB 44 Coroners; clarify Georgia Bureau of Investigations has jurisdiction over post mortem examination whose death occurs on certain state property .............. SB 38 Death certificate filings; cause and circumstances of death; coroners; provisions...............................................................................................HB 64 Death investigations by coroners; notification requirements; provide.....................HB 50 Georgia State Indemnification Fund; "in the line of duty" includes commuting; provisions ........................................................................................HB 815 Governor; coastal areas of Georgia; drilling; provide ............................................HB 421 Governor; require tax expenditure reviews as part of budget report; provide for definition ........................................................................................... SB 206 Governor; serve six-year term; not succeed himself or herself; provide - CA ........................................................................................................HR 563 Health Benefits; Georgia School Personnel Post-employment Health Benefit Fund; Georgia State Employees Post-employment; create..................... SB 122 Highway employees; death or disability; indemnification; change provisions.............................................................................................................HB 827 Homeowner tax relief grants; appropriating funds; change manner and method...........................................................................................................HB 826 Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties................................................................... SB 62 Local government; homeowner tax relief grants; change certain provisions.............................................................................................................HB 143 Motor Vehicles; driver's license requirements; provisions; serious injury due to a right of way violation resulting in collision; revise penalties ................ SB 196 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Planning and Budget, Office of; tax expenditure review as part of budget report; require ......................................................................................HB 719

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6484

INDEX

Public authorities; conflicts of interest; prohibit ......................................................HB 91 Public Officers and Employees; condition of employment; prohibition
requires residence; provide exception .................................................................HB 413 Public officers and employees; establish Office of State Inspector
General; provisions ................................................................................................HB 82 Regional commissions; change to regional development centers;
revision of provisions...........................................................................................HB 640 State offices; accrual of leave during a furlough period; provide ..........................HB 671 Zero-Base Budgeting Act; provide for the application .............................................. SB 1
PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Carrying weapons; school safety zones; provide punishment................................HB 573 Churches; determine whether to permit or exclude persons licensed to carry firearms to carry them on church premises; authorize ...........................HB 860 Criminal street gang activity; school safety zones; increase penalty .....................HB 213 Electronic tracking device; location of person without consent; prohibit................HB 16 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615 Firearms; discharge; counties or municipalities; provisions ..................................HB 182 Firearms; possession of a license to carry; add persons to exemption ...................HB 819 Firearms; training of licensed persons; provide .....................................................HB 259 License to carry pistol or revolver; permanent license; provide ............................HB 155 Licenses; handgun safety course; provide ..............................................................HB 286 Licenses; pistol or revolver; include photograph and current address; provide .................................................................................................................HB 260 Pistol or revolver license; training for certain persons; license shall include photograph and current address; provide .......................................HB 835 Sales and use tax; firearms, ammunition, or both; provide exemption ..................HB 767
PUBLIC SAFETY, DEPARTMENT OF License to carry pistol or revolver; permanent license; provide ............................HB 155 Licenses; handgun safety course; provide ..............................................................HB 286 Public Safety, Department of; Board of Public Safety; change certain provisions.................................................................................................HB 607 Public Safety, Department of; Motor Carrier Compliance Division; weight inspection; provide position.....................................................................HB 343 State government; police duties in Capitol Square; Department of Public Safety; reimburse..................................................................................HB 662
PUBLIC SERVICE COMMISSION Georgia Nuclear Energy Financing Act; procedure for changing any rate, charge; recover cost of financing; nuclear generating plant.................................. SB 31 Georgia Public Service Commission; certain costs; provisions ...............................HB 52 Public Service Commission; election of members; provide...................................HB 559

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6485

Public Service Commission; members shall represent entire state; provisions.............................................................................................................HB 568
PUBLIC UTILITIES AND TRANSPORTATION Blood Pressure Down Shift Program; request creation ..........................................HR 772 Emergency 9-1-1 systems; redefine certain terms..................................................HB 105 Energy purchase; solar photovoltaic energy; exclude ............................................HB 691 Georgia Department of Transportation; develop plan for building "The Plane Train"; express ..................................................................................HR 646 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 244 Georgia Nuclear Energy Financing Act; procedure for changing any rate, charge; recover cost of financing; nuclear generating plant.................................. SB 31 Georgia Public Service Commission; certain costs; provisions ...............................HB 52 Georgia Trauma Hospital Support Act of 2009; enact ...........................................HB 183 Joint Telecommunications Comprehensive Reform Study Committee; create .................................................................................................................... SR 402 MARTA; exercise authority to combine with Georgia Regional Transportation Authority; urge ............................................................................HR 368 Motor carriers; persons under 21; illegal to possess or consume alcohol while being transported; provide information ........................................HB 389 Motor vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate.............................................HB 57 Personal property; limit storage fees for nonconsensually towed vehicles; provisions.............................................................................................................HB 328 Public Service Commission; election of members; provide...................................HB 559 Public Service Commission; members shall represent entire state; provisions.............................................................................................................HB 568 Public transportation; regulation; provide ..............................................................HB 839 Public utilities and transportation; electric company; provide definition ................HB 94 Public utility and transportation; state government endorsed rideshare programs; provisions............................................................................HB 440 Sales and use tax; local option; transportation; special districts; provide ..............HB 365 Sales and use tax; taxability of all telephone service; remove limitation...............HB 500 State Transportation Board; abolish CA..............................................................HR 140 Telecommunications competition; Access Transition Fund; implement ...............HB 376 Telecommunications; charge for third party service; change requirements.........................................................................................................HB 302 Telecommunications; modernize competition; provisions.....................................HB 168 Telephone service; unsolicited commercial facsimile messages; change certain provisions.....................................................................................HB 275 Transportation Trust Fund; create - CA .................................................................HR 206

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6486

INDEX

Transportation, Georgia Department.; urged to build a maglev train to be known as the "The Plane Train" ......................................................... SR 117
PULASKI, TOWN OF; number of councilmembers; reduce.................................HB 752
PUTNAM COUNTY Eatonton-Putnam Water and Sewer Authority; composition of authority; change certain provisions................................................................HB 666

Q
QUALITY BASIC EDUCATION (Also, see Education) Move on When Ready Act; enact...........................................................................HB 149 Quality Basic Education Act; calculating grade point averages; revise certain provisions ......................................................................................HB 313 Quality Basic Education Act; direct instructional costs; temporarily waive certain expenditure controls ......................................................................HB 278 Quality Basic Education Act; early admission into kindergarten or first grade; provisions ......................................................................................HB 854 Quality Basic Education Act; early admission to kindergarten or first grade; provisions ......................................................................................HB 829 Quality Basic Education Act; guaranteed valuation school system; revise definition ...................................................................................................HB 279 Quality Basic Education Act; mathematics or science teachers; additional compensation; provide........................................................................HB 280 Quality Basic Education Act; preparatory tests for college entrance exams; provide.....................................................................................................HB 547 Quality Basic Education Act; testing windows for state assessments; provide .................................................................................................................HB 336 Quality Basic Education Formula; no voucher enforced unless funded by General Assembly; provide ................................................................HB 649 Student scholarship organizations; revise definition; provisions ...........................HB 394

R
RABUN COUNTY Clayton-Rabun County; Water and Sewer Authority; membership; provisions.............................................................................................................HB 670

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6487

RADAR SPEED DETECTION DEVICES Speed detection devices; clarify definition; provide ..............................................HB 154 Speed detection devices; inadmissibility of evidence; remove restriction.............HB 532 Speed detection devices; school zones; certain restrictions not apply ...................HB 287
RANDOLPH COUNTY Board of Education; organization and officers; provide ........................................HB 432 Board of Education; organization and officers; provisions....................................HB 563
REAL ESTATE (Also, see Property) Real estate brokers; certain disclosures made in writing; require ..........................HB 315
REDEVELOPMENT POWERS LAW Redevelopment Powers Law; enact..........................................................................HB 63 Redevelopment Powers Law; tax allocation increments; administrative body consent; provide..........................................................................................HB 664
RELIGION Churches; determine whether to permit or exclude persons licensed to carry firearms to carry them on church premises; authorize ...........................HB 860 Religious organizations; qualify as a self-insurer; provisions................................HB 656 United States Constitution; religious organizations receive public aid; prevent discrimination - CA ................................................................................HR 567
RETIREMENT AND PENSIONS Employees' Retirement System of Georgia; certain gender designation; change ..................................................................................................................HB 467 Employees' Retirement System of Georgia; death benefit; clarify provisions.............................................................................................................HB 190 Employees' Retirement System of Georgia; disability benefits; provisions ..........HB 172 Employees' Retirement System of Georgia; employer contributions; paid to counties; provide......................................................................................HB 472 Employees' Retirement System of Georgia; Office of Child Support Services; provisions .............................................................................................HB 822 Employees' Retirement System of Georgia; Prosecuting Attorneys' Council; membership service; provide ................................................................HB 739 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 242 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 320 Georgia Judicial Retirement System; creditable service; member of General Assembly; provisions.........................................................................HB 463 Georgia Judicial Retirement System; employer contributions; clarify ..................HB 210

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6488

INDEX

Georgia Judicial Retirement System; juvenile judges; provide .............................HB 817 Georgia Judicial Retirement System; survivors' benefits; provisions ......................HB 54 Georgia State Employees' Pension and Savings Plan; retirement
computations; provisions .....................................................................................HB 191 Health Benefits; Georgia School Personnel Post-employment Health
Benefit Fund; Georgia State Employees Post-employment; create..................... SB 122 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 O.C.G.A.; correct errors/omissions; Title 47............................................................ SB 48 Peace Officers' Annuity and Benefit Fund; county jail officers; provisions..........HB 224 Peace Officers' Annuity and Benefit Fund; revenues from fines
and fees; employer contribution; provide ............................................................HB 465 Public Retirement Systems Investment Authority Law; define
certain terms; provisions......................................................................................HB 249 Public Retirement Systems Investment Authority Law; large
retirement systems; change authority ..................................................................HB 371 Public Retirement Systems Standards Law; any increase in the actuarial
accrued unfunded liability which occurs as a result of the enactment ................ SB 176 Public retirement systems; reform certain features; provisions .............................HB 476 Public School Employees Retirement System; maximum allowable
benefit; increase ...................................................................................................HB 542 Republic of Sudan; public retirement systems; investing funds; prohibit................HB 99 Retired teachers; speech-language pathologist; return full-time;
provisions.............................................................................................................HB 650 Retirement and pensions; action brought against boards of trustees;
Superior Court of Fulton County; provide...........................................................HB 211 Retirement and pensions; computing contributions and benefits;
define certain terms..............................................................................................HB 202 Retirement and pensions; creditable service; application requirement;
remove .................................................................................................................HB 477 Retirement and pensions; election to participate in Regents
Retirement Plan; revocable at will.......................................................................HB 740 Retirement and pensions; Georgia Firefighters' Pension Fund;
define certain terms; provisions...........................................................................HB 546 Retirement and pensions; invest funds in companies producing
racist or obscene lyrics; provide divestiture ..........................................................HB 41 Retirement and pensions; postretirement benefit adjustment;
provide statement of legislative intent.................................................................HB 452 Retirement; change designation of Georgia Public Defender
Standards Council to Georgia Public Defender Agency; conditions for effective date .................................................................................................. SB 100 Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services ............................ SB 109

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6489

Retirement; provide appellate court judges who become members; shall not be entitled to certain group term life insurance benefits....................... SB 177
Retirement; State Merit of Personnel Administration to State Personnel Administration; change certain references ........................................... SB 98
State Health/Human Services; reorganize and reestablish various agencies................................................................................................................ SB 222
Superior Court Clerks' Retirement Fund of Georgia; eligibility criteria for creditable service; provide.................................................................HB 488
Superior Court Clerks' Retirement Fund of Georgia; increase employee contribution; provisions ......................................................................HB 487
Superior Court Clerks' Retirement Fund of Georgia; not entitled credit for service after July 1, 2010; provisions ..................................................HB 486
Teachers Retirement System of Georgia; any full-time public school employee may elect to become a member; provide .................................HB 849
Teachers Retirement System of Georgia; creditable service in private school; provide ....................................................................................HB 165
Teachers Retirement System of Georgia; five years of service; vested benefit; provisions ....................................................................................HB 345
Teachers Retirement System of Georgia; Trial Judges and Solicitors Retirement Fund; provide creditable service.......................................................HB 832
Technical College System of Georgia; retirement and pensions; provisions.............................................................................................................HB 266
REVENUE (See Taxation and Revenue)
REVENUE, DEPARTMENT OF County Boards of Tax Assessors; comprehensive revision of the appeal of assessments for ad valorem tax purposes....................................... SB 240 Income tax; tax credits for qualified jobs and projects; comprehensive revision; provide ..................................................................................................HB 438 Revenue and taxation; certain tax return preparers; civil penalties and injunctive relief; provide...............................................................................HB 444 Revenue and taxation; comprehensive revision of provisions; provide.................HB 335 Revenue and taxation; forms of payment; change certain provisions....................HB 334 Sales and use tax; collecting local taxes; revise substantially................................HB 458 Sales and use tax; method of collecting local taxes; revise substantially ..............HB 356 Sales and use tax; refund claims; expedited payment; provisions .........................HB 441
RHINE, TOWN OF Provide new charter; change name to City of Rhine; provide................................HB 265
RICHMOND COUNTY Augusta-Richmond County Coliseum Authority; membership; change................HB 813

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6490

INDEX

RINGGOLD, CITY OF Change corporate limits of the city; annex additional territory.............................. SB 271 Provide new charter ................................................................................................HB 816
RIVERS, LAKES, AND HARBOR DEVELOPMENT United States Congress; build reservoirs upstream from Lake Sidney Lanier; urge..............................................................................................HR 180
ROCKDALE COUNTY Probate Court; change compensation provisions ...................................................HB 818 Probate Court; compensation of judge; change provisions .................................... SB 263
ROCKDALE JUDICIAL CIRCUIT Rockdale County; Probate Court; change compensation provisions .....................HB 818
ROOPVILLE, TOWN OF; sale of liquors; repeal certain provisions ...................HB 690
ROSWELL, CITY OF; Redevelopment Powers Law; authorize...........................HB 176

S
SALES AND USE TAX Board of education; levy sales and use tax for educational purposes; provide - CA ........................................................................................................HR 341 Dealers' sales and use tax returns; estimated tax liability; change provisions...............................................................................................................HB 25 Georgia Building Authority; exempt from certain sales and use tax; provisions.............................................................................................................HB 333 Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 House Study Committee on Sales and Use Tax Exemptions; create .....................HR 740 House Study Committee on Sales and Use Tax Simplification; create..................HR 779 Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481 Local option sales tax proceeds; distribution; change provisions ..........................HB 137 MARTA; administration or collection of retail sales and use tax; provide............HB 727 Municipal Option Sales Tax for Transportation; enact ..........................................HB 470 Municipal Option Sales Tax for Water and Sewer; enact ........................................HB 66 Revenue and taxation; forms of payment; change certain provisions....................HB 334 Revenue and taxation; prepaid cigarette tax; provisions........................................HB 188 Revenue and taxation; prepaid state fuel tax; provide exemption..........................HB 121 Sales and use tax exemption; ammunition and ammunition components; provide .................................................................................................................HB 707

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6491

Sales and use tax exemption; certain health information technologies; change certain provisions.....................................................................................HB 507
Sales and use tax exemption; certain regional information technology authorities; provide ..............................................................................................HB 479
Sales and use tax exemption; certain school supplies; energy efficient products; provide ...................................................................................HB 120
Sales and use tax exemption; certain school supplies; provide................................HB 97 Sales and use tax exemption; new construction of civil rights museum;
provide .................................................................................................................HB 349 Sales and use tax exemption; tangible personal property to government
grantee; provisions...............................................................................................HB 471 Sales and use tax exemption; zoological institution; provide ................................HB 129 Sales and use tax exemptions; eligible food and beverages;
change certain provisions.....................................................................................HB 442 Sales and use tax exemptions; limit; not exceed three years; provide - CA...........HR 281 Sales and use tax exemptions; lottery tickets; repeal .............................................HB 448 Sales and use tax; airplane flight simulation training device;
provide exemption ...............................................................................................HB 364 Sales and use tax; certain energy or water efficient products;
provide exemption ...................................................................................................HB 6 Sales and use tax; certain manufactured single-family structures;
change manner and method .................................................................................HB 868 Sales and use tax; certain sales of dyed fuel oils; provide exemption......................HB 46 Sales and use tax; change certain definitions .........................................................HB 299 Sales and use tax; collecting local taxes; revise substantially................................HB 458 Sales and use tax; controlled substances and dangerous drugs;
certain exemptions; provide...................................................................................HB 59 Sales and use tax; county and municipal; change certain provisions.....................HB 469 Sales and use tax; credit card issuers; certain gas or fuel sales;
authorize refunds..................................................................................................HB 360 Sales and use tax; deduction of bad debts; change provisions ...............................HB 425 Sales and use tax; firearms, ammunition, or both; provide exemption ..................HB 767 Sales and use tax; food and beverages; suspend exemption.....................................HB 67 Sales and use tax; food for hunger and disaster relief; extend exemptions............HB 358 Sales and use tax; food sales to qualified food bank; extend exemption ...............HB 359 Sales and use tax; jet fuel; continue exemption......................................................HB 212 Sales and use tax; joint county and municipal; change certain provisions.............HB 272 Sales and use tax; local option; transportation; special districts; provide ..............HB 365 Sales and use tax; method of collecting local taxes; revise substantially ..............HB 356 Sales and use tax; motor fuel sales; change certain provisions ..............................HB 204 Sales and use tax; motor fuels; 25 percent of funds for transportation
grant purposes; provide - CA...............................................................................HR 220

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6492

INDEX

Sales and use tax; natural or artificial gas sales; provide phased-in exemption.............................................................................................................HB 271
Sales and use tax; obligation for payment by contractors; further define ..............HB 375 Sales and use tax; off-premises human consumption; remove exemption.............HB 401 Sales and use tax; personal property; construction of certain
symphony halls; extend exemption .....................................................................HB 395 Sales and use tax; renegotiation of distribution certificates;
change certain provisions.......................................................................................HB 56 Sales and use tax; repair of certain aircraft; sale of parts; provide
exemption.............................................................................................................HB 116 Sales and use tax; required textbooks for accredited postsecondary
institutes; provide exemption...............................................................................HB 391 Sales and use tax; sales price; change definition....................................................HB 347 Sales and use tax; second motor fuel tax; change certain provisions.......................HB 61 Sales and use tax; taxability of all telephone service; remove limitation...............HB 500 Sales and use tax; water pollution eliminating machinery exemptions;
change certain provisions.....................................................................................HB 309 State revenue commissioner's authority; distributions; repeal
certain provisions.................................................................................................HB 181 Stone Mountain Memorial Association; certain property purchased;
provide tax exemption .........................................................................................HB 499 Taxation of motor vehicles; comprehensive revision; provisions..........................HB 480 Taxes; provide for a 1% sales tax; transportation projects in
special transportation districts within the state...................................................... SB 39
SANDY SPRINGS, CITY OF United States Fish and Wildlife Service; scientific study in Etowah River Basin; request ...............................................................................HR 578
SAVANNAH, CITY OF Environmental Protection Division; evaluate oxygen in Savannah Harbor; request..................................................................................................................HR 533
SCHLEY COUNTY Ellaville-Schley County Charter and Unification Commission Act; enact ............HB 791
SCHOOLS (See Education)
SCREVEN COUNTY; Glenn Brown Memorial Overpass; dedicate .....................HR 607
SEAT BELTS Motor vehicles; use of safety belts; eliminate certain exceptions .............................. SB 5 Safety belts; failure to use; evidence of negligence; provide .................................HB 200

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INDEX

6493

Safety belts; failure to use; recover costs incurred; provide...................................HB 256 Safety belts; new school buses equipped; provide .................................................HB 201 Safety belts; passenger vehicles; change certain provisions ..................................HB 525 Safety Belts; provide failure to use may be considered evidence
of causation, negligence......................................................................................... SB 23 The Billy Foulke Seatbelt Act; enact......................................................................HB 142
SECRETARY OF STATE Elections; registration of voters; provisions ...........................................................HB 549
SELLING AND OTHER TRADE PRACTICES Antifreeze; include aversive agent to render it unpalatable; provisions.................HB 219 Consumer reporting agencies; identical report to consumer and creditor; require ..................................................................................................................HB 197 Electronic Lease-Purchase of Goods Act; provide data and personal information protection practices; definitions; establish procedures .................... SB 130 Fair Business Practices Act of 1975; confidentiality of certain information; clarify certain provisions ................................................................HB 267 Gambling; nonprofit organizations; noncash prizes; provisions ............................HB 292 In-home services; employees; criminal background investigation; provide ..........HB 263 Pharmacy benefit manager; favor pharmacy prescription filling; provisions.............................................................................................................HB 369 Phone cards; terms shall be disclosed at time of purchase; provide.......................HB 846 Private child support collection; definitions; provisions ........................................HB 189 Secondary metals recyclers; penalties for theft crimes; change provisions ...........HB 177 Secondary metals recyclers; provide definitions; metal theft; provisions..............HB 456 Secondary metals recyclers; records of transactions; change certain provisions.................................................................................................HB 274 Secondary metals recyclers; vehicles used to transport stolen metals; provide forfeiture .................................................................................................HB 497 Truth in Music Advertising Act; prohibition against the advertising/conducting of certain live musical performances ............................. SB 226
SENATE Claim sovereignty under Tenth Amendment to Constitution; serve notice to federal government......................................................................HR 492 Governor's veto; one house overrides; other house votes immediately; provide - CA ............................................................................................................HR 3 House and Senate; certain committees; amend Official Code of Georgia Annotated references .........................................................................HB 117 House convened; notify Senate ................................................................................HR 13 Senate Convened; notify House of Representatives................................................... SR 3

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6494

INDEX

SENOIA, CITY OF; municipal terms; provisions ..................................................HB 393
SENTENCE AND PUNISHMENT Corrections, Department of; punishment for serious violent offenders; provide ...................................................................................................................HB 84 Courts; provide notice of the release of child from detention under certain circumstances; definitions ............................................................. SB 246 Crimes; provide the imposition of life without parole; person convicted of murder independently of a death penalty prosecution...................... SB 13 Death penalty cases; Supreme Court; pretrial proceedings; extend review period .......................................................................................................HB 323 Death penalty; impose with unanimous verdict; provisions.....................................HB 32 Drivers' licenses; felony offense demarcated on driver's license; provisions.............................................................................................................HB 572 Penal institutions; Department of Probation/Patrol Community Based Supervision; create......................................................................................HB 78 Penal Institutions; provide courts/State Board of Pardons and Paroles greater input from crime victims, their families, interested witnesses ................ SB 151 Sentence/Punishment; authorize Corrections, Department; participation in transitional center; offender's final year of incarceration ................................ SB 193 Sentencing and imposition of punishment; procedure; repeal certain provisions.................................................................................................HB 111 Sexual offenders; classification; change and enact provisions...............................HB 571 Sexual Offenders; classification; registration, and restrictions on residences, workplaces, and activities; change/enact provision of law............... SB 157 Violent offenders; good behavior credit days; provide ..........................................HB 679
SEXUAL OFFENSES Domestic Relations/Social Services; sexual exploitation; expand the definition .......................................................................................................... SB 69 Limitations on prosecutions; offenses of cruelty to children; provisions ..............HB 163 Proceedings; admit general public to hearings in juvenile court with certain exceptions ........................................................................................ SB 207 Sexual offenses; child molestation; define; change certain provisions ..................HB 123 Sexual offenses; minimum age for prosecution; mandate......................................HB 582 Sexual offenses; sexual assault against a person under care or supervision; provisions....................................................................................HB 611 Social Services; provide access by certain governmental entities/persons to records concerning reports of child abuse; define a certain term...................... SB 79

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INDEX

6495

SHERIFFS Constables/Marshals; notify protected persons upon the service of certain protective orders ...................................................................................... SB 4 Elections; nonpartisan; sheriffs; provide ................................................................HB 134 Sheriff's service fees; serving and dispossessing certain tenants and intruders; increase fees..................................................................................HB 505
SNELLVILLE, CITY OF Voting powers of the mayor; change provisions .................................................... SB 258
SOCIAL SERVICES Child abuse reports; access to records; solicitors-general; authorize.....................HB 303 Community Health; authorized to obtain income eligibility verification from Revenue Department; Medicaid and PeachCare for Kids Program ........... SB 165 Delinquent child; protective order for victims of acts of delinquency; provisions.............................................................................................................HB 729 Domestic Relations/Social Services; sexual exploitation; expand the definition .......................................................................................................... SB 69 Family-planning services; define certain terms; change certain provisions...........HB 351 Georgia Board for Physicians Workforce; revise certain provisions .......................HB 49 Human Resources, Department of; adopting a special needs child; financial assistance; provide ................................................................................HB 428 Human Resources, Department of; financial assistance for adoptive parents; revise provision ......................................................................................HB 237 PeachCare for Kids Program; increase eligibility limit; provisions.......................HB 474 Social Services; provide access by certain governmental entities/persons to records concerning reports of child abuse; define a certain term...................... SB 79 Social services; transfer Division of Aging Services of the Department of Human Resources to Department of Aging; revise titles................................HB 354 State employees' or board of regents' health insurance plan; Medicaid; require...................................................................................................HB 89 State health and human services agencies; reorganize and reestablish; provisions.............................................................................................................HB 228
SOIL EROSION AND SEDIMENTATION Erosion and sediment control plan; implemented through separate contract; require ...................................................................................................HB 771 Soil Erosion and Sedimentation; 25 foot buffers along state waters; change certain provisions..................................................................................... SB 155 Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions............................................................................................................. SB 228

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6496

INDEX

SPALDING COUNTY Shi Gray Holmes Memorial Highway; dedicate.....................................................HR 472
ST. MARYS, CITY OF Ad valorem taxes for municipal purposes; provide homestead exemption............ SB 261 Convention and Visitors Bureau Authority; additional members; provide............HB 696
STATE COURTS OF COUNTIES (See Courts)
STATE EMPLOYEES Employees' Retirement System of Georgia; certain gender designation; change ..................................................................................................................HB 467 Employees' Retirement System of Georgia; death benefit; clarify provisions.............................................................................................................HB 190 Employees' Retirement System of Georgia; disability benefits; provisions ..........HB 172 Employees' Retirement System of Georgia; employer contributions; paid to counties; provide......................................................................................HB 472 Employees' Retirement System of Georgia; Office of Child Support Services; provisions ...............................................................................HB 822 Employees' Retirement System of Georgia; Prosecuting Attorneys' Council; membership service; provide ................................................................HB 739 Georgia State Employees' Pension and Savings Plan; retirement computations; provisions .....................................................................................HB 191 Health Benefits; Georgia School Personnel Post-employment Health Benefit Fund; Georgia State Employees Post-employment; create..................... SB 122 Retirement and pensions; action brought against boards of trustees; Superior Court of Fulton County; provide...........................................................HB 211 Retirement; change designation of Georgia Public Defender Standards Council to Georgia Public Defender Agency; conditions for effective date .................................................................................................. SB 100 Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services ............................ SB 109 Retirement; provide appellate court judges who become members; shall not be entitled to certain group term life insurance benefits....................... SB 177 Retirement; State Merit of Personnel Administration to State Personnel Administration; change certain references ........................................... SB 98 State employees' or board of regents' health insurance plan; Medicaid; require ....................................................................................................................HB 89 State Health/Human Services; reorganize and reestablish various agencies................................................................................................................ SB 222 Technical College System of Georgia; retirement and pensions; provisions.............................................................................................................HB 266

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INDEX

6497

STATE FLAG, SEAL, AND OTHER SYMBOLS Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate.............................................................HB 327 Confederate Heritage/History Month; create; provide Ralph Mark Gilbert Civil Rights Museum/official state historical civil rights museum ....................... SB 27 Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide .......................................................................................HB 108
STATE GOVERNMENT Actions against the state; reduce cap on damages; provide ...................................HB 623 Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate.............................................................HB 327 Commission on Regional Planning; create; provide for membership and duties .............................................................................................................HB 867 Confederate Heritage/History Month; create; provide Ralph Mark Gilbert Civil Rights Museum/official state historical civil rights museum ....................... SB 27 Constitutional Tender Act; enact ............................................................................HB 430 Court reports; publishing a volume of rules from the definition of reports; remove requirement ...........................................................................HB 235 Economic Development, Department of; program to provide certain grants to small businesses; establish........................................................HB 556 Ethics in Government Act; prohibitions against campaign contributions by regulated entities to their elected regulators; revise provisions...................... SB 168 Financial institution; check cashing fee; not eligible to serve as state depository; provide .................................................................................HB 673 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615 Gambling; coin operated amusement machines; revise definitions .......................HB 293 Georgia Administrative Procedures Act; change certain procedures; provide proposed rules...........................................................................................HB 15 Georgia Agency Accountability Act; enact............................................................HB 206 Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties .................................................................... SB 85 Georgia Building Authority; exempt from certain sales and use tax; provisions.............................................................................................................HB 333 Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority .........................................................HB 244 Georgia Government Accountability Act; enact ....................................................HB 236 Georgia Lottery Corporation; Board of Directors; revise composition..................HB 512 Georgia Service-Disabled Veteran Business Enterprise Opportunity Act; enact .....................................................................................................................HB 196 Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 Georgia's Antidiscrimination Act of 2009; establish..............................................HB 291

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6498

INDEX

Government; certain supplies, materials, agricultural products manufactured in this state; provide contractual/purchasing preferences............... SB 44
Health Share Volunteers in Medicine Act; revise a definition; provide for sovereign immunity protection ......................................................... SB 133
Hemophilia Advisory Board Act; create; provide for duties, reporting, membership, selection of officers ....................................................... SB 159
Human Resources, Department of; policies or rules; loans, grants and benefits; provisions .........................................................................................HB 20
Local Boards of Education; election; revise provisions ........................................... SB 84 Local government storm water utility charges; exempt state
government entities; provide ...............................................................................HB 316 Local Government; prohibit immigration sanctuary policies
by local governmental entities; provide penalties ................................................. SB 20 Lottery for education; prerequisites prior to employees receiving
compensation; provide.........................................................................................HB 677 Lottery games; use of electronic and mechanical devices; limit use......................HB 697 Lottery shortfall reserve subaccounts; revise trigger reductions in HOPE;
provisions.............................................................................................................HB 157 Made in Georgia Program; revise provisions; provide rules
and regulations..................................................................................................... SB 117 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Proposing amendments to state Constitution; hold a Convention;
provisions.............................................................................................................HB 250 Public Disclosure; provide social security numbers in public
documents shall not be disclosed......................................................................... SB 124 Public records; exemptions to requirements for disclosure; provisions.................HB 171 Public Records; firefighters/emergency medical technicians;
clarify disclosure of federal records; certain private information ......................... SB 26 Public utility and transportation; state government endorsed
rideshare programs; provisions............................................................................HB 440 Ralph Mark Gilbert Civil Rights Museum; official state civil
rights museum; provide .......................................................................................HB 108 Regional commissions; change to regional development centers;
revision of provisions...........................................................................................HB 640 Sales and use tax exemptions; lottery tickets; repeal .............................................HB 448 Social Services; provide access by certain governmental entities/persons
to records concerning reports of child abuse; define a certain term...................... SB 79 State auditor; certain state or local government entities' failure
to perform audits required by law; provide for effects ........................................HB 831 State government; Georgia Technology Authority; develop certain plans
and reports; authorize...........................................................................................HB 436 State government; grants for clean energy property; provisions............................HB 473

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INDEX

6499

State government; police duties in Capitol Square; Department of Public Safety; reimburse..................................................................................HB 662
State government; public access to public records; revise and restate provisions .................................................................................................HB 684
State of Georgia property; certain counties; nonexclusive easements; authorize...............................................................................................................HR 279
State Purchasing; benefits based funding projects; revise provisions; change membership of an oversight committee .................................................. SB 194
State Purchasing; exempt certain purchases from having to go through Department of Administrative Services ............................................ SB 211
State purchasing; free market competition; provide...............................................HB 382 State purchasing; goods and services from correctional industries;
revise certain provisions ......................................................................................HB 205 State Purchasing; prohibit certain companies that have certain business
operations in Sudan to bid on/submit a proposal for state contract..................... SB 170 States' rights; based on Jeffersonian principles; affirm ..........................................HR 776 Transforming Transportation Investment Act; create State Transportation
Agency; definitions; purposes; abolish State Road/Tollway Authority .............. SB 200 Uniform Electronic Transactions Act; enact ..........................................................HB 126
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PRINTING AND DOCUMENTS Court reports; publishing a volume of rules from the definition of reports; remove requirement ...........................................................................HB 235 Firearms; carrying of concealed weapons; revise laws; provisions .......................HB 615 Gambling; coin operated amusement machines; revise definitions .......................HB 293 Proposing amendments to state Constitution; hold a Convention; provisions.............................................................................................................HB 250 Public Disclosure; provide social security numbers in public documents shall not be disclosed......................................................................... SB 124 Public officers and employees; establish Office of State Inspector General; provisions ................................................................................................HB 82 Public records; exemptions to requirements for disclosure; provisions.................HB 171 Public Records; firefighters/emergency medical technicians; clarify disclosure of federal records; certain private information ......................... SB 26 State government; public access to public records; revise and restate provisions .................................................................................................HB 684
STONE MOUNTAIN, CITY OF Provide new charter; incorporation, boundaries, and powers ................................ SB 191

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6500

INDEX

SUMTER COUNTY Americus and Sumter County Hospital Authority; members; provide ..................HB 701
SUPERIOR COURTS (Also, see Courts) Computerized record-keeping systems; clerks of superior courts; redacting social security numbers; provide ...........................................................HB 55 Cordele Judicial Circuit; superior court; change certain terms ..............................HB 216 Courts; Georgia Courts Automation Commission; repeal......................................HB 289 Elections; nonpartisan; clerks of superior court; provide.......................................HB 135 Georgia Fair Lending Act; definitions; provide for limitations on home loans; fees for filling documents............................................................. SB 57 Piedmont Judicial Circuit; create new superior court judgeship ..............................HB 77 Property; foreclosures on mortgages; require recording of documents relating to sales under power; change provisions ................................................ SB 141 Retirement; judges/district attorneys; change certain duties and obligations from Department of Administrative Services ............................ SB 109 Superior courts; issuing orders on motions; provisions .........................................HB 220 Superior courts; sunset dates for property filing fees; change ...............................HB 453
SUPREME COURT (Also, see Courts) Court of Appeals and Supreme Court; decisions; remove provisions - CA.............HR 73 Death penalty cases; Supreme Court; pretrial proceedings; extend review period .......................................................................................................HB 323 Georgia Supreme Court; urging to disbar or disallow admission to bar any attorney convicted of altering or backdating a legal document ......................HR 72

T
TALBOT COUNTY; board of elections and registration; create ...........................HB 678
TATTNALL COUNTY; Veterans Boulevard; dedicate .........................................HR 440
TAXATION AND REVENUE Ad valorem tax exemption; certain charitable institutions; revise and change ...........................................................................................................HB 462 Ad valorem tax exemption; property constituting the inventory of a business; provide ..........................................................................................HB 482 Ad valorem tax exemption; property; provisions ...................................................HB 112 Ad valorem tax; bona fide conservation use property; revise certain provisions...................................................................................................HB 75 Ad valorem tax; certain historical information; change certain provisions ...........HB 240

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INDEX

6501

Ad valorem tax; commercial highway vehicles not registered in Georgia; provisions..........................................................................................HB 106
Ad valorem tax; foreclosure sales; determination of fair market value; provide .................................................................................................................HB 498
Ad valorem tax; freeport exemption; change a definition......................................HB 409 Ad valorem tax; fund trauma care; provide - CA...................................................HR 162 Ad valorem tax; heavy-duty equipment motor vehicles; no tax
except during year purchased; provide ................................................................HB 348 Ad valorem tax; heavy-duty equipment vehicles; provide partial
exemption.............................................................................................................HB 318 Ad valorem tax; homestead exemption; disabled veterans; provisions..................HB 247 Ad valorem tax; homestead exemption; provisions ...............................................HB 461 Ad valorem tax; modernization and revisions of certain provisions;
provide .................................................................................................................HB 483 Ad valorem tax; motor vehicles; certain disabled veterans; provide
partial exemption .................................................................................................HB 520 Ad valorem tax; notice of changes made; require ....................................................HB 95 Ad valorem tax; property; change certain provisions.............................................HB 241 Ad valorem tax; U.S. servicemembers killed in action; surviving spouses;
increase homestead exemption ............................................................................HB 407 Ad valorem tax; valuation and appeals procedures; provide - CA.........................HR 179 Ad Valorem Taxation; change factors to be considered in determining
fair market value of real property .......................................................................... SB 55 Ad Valorem; increase the amount of the state-wide homestead
exemption; specify terms/conditions of the exemption and the procedures.............................................................................................................. SB 83 Black Market Cigarette Act; enact .........................................................................HB 585 Board of education; levy sales and use tax for educational purposes; provide - CA ........................................................................................................HR 341 Bringing Equity Statewide to Taxation Amendment; enact - CA..............................HR 2 Community Health; authorized to obtain income eligibility verification from Revenue Department; Medicaid and PeachCare for Kids Program ........... SB 165 Cost-of-Living Tax Fairness Act; enact .................................................................HB 443 County boards of equalization; property overvalued for tax purposes; provide remedy ....................................................................................................HB 399 County boards of tax assessors; appeal of assessments; comprehensive revision.................................................................................................................HB 587 County Boards of Tax Assessors; comprehensive revision of the appeal of assessments for ad valorem tax purposes....................................... SB 240 County or municipality; ad valorem tax; homestead exemption; authorize - CA......................................................................................................HR 369 County taxation; appraisers duties upon property; change certain provisions.............................................................................................................HB 304

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6502

INDEX

Dealers' sales and use tax returns; estimated tax liability; change provisions...............................................................................................................HB 25
Education; student scholarship organizations; provisions......................................HB 100 Education; student scholarship organizations; repeal.............................................HB 175 Ethics in Government Act; prohibitions against campaign contributions
by regulated entities to their elected regulators; revise provisions...................... SB 168 Excise tax; cigarettes and loose or smokeless tobacco; increase amount ................HB 39 Freedom of Ownership Amendment; enact - CA.......................................................HR 9 Gambling; coin operated amusement machines; revise definitions .......................HB 293 General Assembly; provide homeowner tax relief grants; appropriate
funds - CA................................................................................................................HR 7 Georgia Building Authority; exempt from certain sales and use tax;
provisions.............................................................................................................HB 333 Georgia Environmental Facilities Authority; change name to
Georgia Environmental Finance Authority .........................................................HB 244 Georgia Public Revenue Code; sale of tax receivables; provisions .......................HB 390 Georgia Tax Reform Commission of 2009; providing access
to certain otherwise confidential Department of Revenue information .............. SR 453 Georgia Technology Authority; certain sales and use tax; exempt........................HB 435 Homestead exemption; disabled veterans; surviving spouses or minors;
provide .................................................................................................................HB 222 House Study Committee on Business Income Tax Elimination
and Job Creation; create.......................................................................................HR 651 House Study Committee on Sales and Use Tax Exemptions; create .....................HR 740 House Study Committee on Sales and Use Tax Simplification; create..................HR 779 House Study Committee on the Review, Evaluation, and Analysis
of State Tax Exemptions; create ..........................................................................HR 442 Improved Taxpayer Customer Service Act of 2009; enact ....................................HB 485 Income tax credit; 5 percent of federal Earned Income Credit claimed;
provisions.............................................................................................................HB 621 Income tax credit; caregiver expenses; revise and change .....................................HB 269 Income tax credit; certain clean energy property; change certain
provisions.............................................................................................................HB 419 Income tax credit; certain volunteer firefighters; provide ........................................HB 58 Income tax credit; citizenship expenses for low-income families;
provisions.............................................................................................................HB 759 Income tax credit; purchase of one eligible single-family residence;
provide .................................................................................................................HB 261 Income tax credit; qualified ad valorem tax expenses; provisions.............................HB 4 Income tax credit; qualified ad valorem tax expenses; provisions.............................HB 5 Income tax credit; qualified water and energy efficient product expenses;
provisions.............................................................................................................HB 519 Income tax credits; personal mass transportation expenses; provisions ................HB 255

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INDEX

6503

Income tax credits; qualified reforestation expenses; provisions...........................HB 768 Income tax exemptions; custodial and noncustodial parents;
revise and change certain provisions ...................................................................HB 270 Income Tax Returns; authorize taxpayers to make certain contributions;
programs for the education of multiple sclerosis................................................... SB 25 Income tax; broadband or wireless telephone towers; tax credits;
provisions.............................................................................................................HB 415 Income tax; certain real estate investment trusts; disallow expenses paid;
provisions.............................................................................................................HB 379 Income tax; change certain definitions...................................................................HB 298 Income tax; credits; business enterprises; provide .................................................HB 439 Income tax; individual standard deductions; revise and change ............................HB 825 Income tax; qualified equipment that reduces energy or water usage;
provide for tax credits ..........................................................................................HB 405 Income tax; tax credits for qualified jobs and projects; comprehensive
revision; provide ..................................................................................................HB 438 Income tax; taxation of corporations; change certain provisions...........................HB 468 Income tax; withholding tax; seller subject to documentation
requirements; provide ..........................................................................................HB 374 Income taxes; net capital gains excluded from state taxable income;
provide .................................................................................................................HB 655 Inmates; access to medical services or hospital care; claiming
exemptions by hospitals; provide ........................................................................HB 350 Insurance; premium taxes for certain products; provide exemption;
provisions.............................................................................................................HB 410 Jobs, Opportunity, and Business Success Act of 2009; enact ................................HB 481 Landowners Protection Act of 2009; permit persons to hunt/fish or allow
persons on property for agritourism; limit liability ............................................... SB 75 Local option sales tax proceeds; distribution; change provisions ..........................HB 137 Locust Grove, City of; authorize governing authority to levy
an excise tax; provide procedures, conditions, and limitations ........................... SB 183 MARTA; administration or collection of retail sales and use tax; provide............HB 727 Motor fuel and road tax; inspections; definitions; change certain
provisions.............................................................................................................HB 513 Motor vehicles; Department of Revenue; administer the federal
Unified Carrier Registration Act of 2005; designate.............................................HB 57 Municipal Option Sales Tax for Transportation; enact ..........................................HB 470 Municipal Option Sales Tax for Water and Sewer; enact ........................................HB 66 O.C.G.A.; correct errors/omissions .......................................................................... SB 46 Revenue and taxation; ad valorem tax; Georgia Trauma Trust Fund;
provide .................................................................................................................HB 192 Revenue and taxation; certain tax return preparers; civil penalties
and injunctive relief; provide...............................................................................HB 444

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6504

INDEX

Revenue and taxation; comprehensive revision of provisions; provide.................HB 335 Revenue and taxation; define terms; provide ...........................................................HB 74 Revenue and taxation; forms of payment; change certain provisions....................HB 334 Revenue and taxation; method of assessing real property; comprehensive
revision.................................................................................................................HB 517 Revenue and taxation; prepaid cigarette tax; provisions........................................HB 188 Revenue and taxation; prepaid state fuel tax; provide exemption..........................HB 121 Revenue and taxation; valuation increases of property; provide
moratorium...........................................................................................................HB 233 Sales and use tax exemption; ammunition and ammunition components;
provide .................................................................................................................HB 707 Sales and use tax exemption; certain health information technologies;
change certain provisions.....................................................................................HB 507 Sales and use tax exemption; certain regional information technology
authorities; provide ..............................................................................................HB 479 Sales and use tax exemption; certain school supplies; energy
efficient products; provide ...................................................................................HB 120 Sales and use tax exemption; certain school supplies; provide................................HB 97 Sales and use tax exemption; new construction of civil rights museum;
provide .................................................................................................................HB 349 Sales and use tax exemption; tangible personal property to government
grantee; provisions...............................................................................................HB 471 Sales and use tax exemption; zoological institution; provide ................................HB 129 Sales and use tax exemptions; eligible food and beverages;
change certain provisions.....................................................................................HB 442 Sales and use tax exemptions; limit; not exceed three years; provide - CA...........HR 281 Sales and use tax exemptions; lottery tickets; repeal .............................................HB 448 Sales and use tax; airplane flight simulation training device;
provide exemption ...............................................................................................HB 364 Sales and use tax; certain energy or water efficient products;
provide exemption ...................................................................................................HB 6 Sales and use tax; certain manufactured single-family structures;
change manner and method .................................................................................HB 868 Sales and use tax; certain sales of dyed fuel oils; provide exemption......................HB 46 Sales and use tax; change certain definitions .........................................................HB 299 Sales and use tax; collecting local taxes; revise substantially................................HB 458 Sales and use tax; controlled substances and dangerous drugs;
certain exemptions; provide...................................................................................HB 59 Sales and use tax; county and municipal; change certain provisions.....................HB 469 Sales and use tax; credit card issuers; certain gas or fuel sales;
authorize refunds..................................................................................................HB 360 Sales and use tax; deduction of bad debts; change provisions ...............................HB 425 Sales and use tax; firearms, ammunition, or both; provide exemption ..................HB 767

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INDEX

6505

Sales and use tax; food and beverages; suspend exemption.....................................HB 67 Sales and use tax; food for hunger and disaster relief; extend
exemptions ...........................................................................................................HB 358 Sales and use tax; food sales to qualified food bank; extend exemption ...............HB 359 Sales and use tax; jet fuel; continue exemption......................................................HB 212 Sales and use tax; joint county and municipal; change certain
provisions.............................................................................................................HB 272 Sales and use tax; limit exemptions periods - CA ....................................................HR 30 Sales and use tax; local option; transportation; special districts; provide ..............HB 365 Sales and use tax; method of collecting local taxes; revise substantially ..............HB 356 Sales and use tax; motor fuel sales; change certain provisions ..............................HB 204 Sales and use tax; motor fuels; 25 percent of funds for transportation
grant purposes; provide - CA...............................................................................HR 220 Sales and use tax; natural or artificial gas sales; provide phased-in
exemption.............................................................................................................HB 271 Sales and use tax; obligation for payment by contractors; further define ..............HB 375 Sales and use tax; off-premises human consumption; remove exemption.............HB 401 Sales and use tax; personal property; construction of certain
symphony halls; extend exemption .....................................................................HB 395 Sales and use tax; refund claims; expedited payment; provisions .........................HB 441 Sales and use tax; renegotiation of distribution certificates;
change certain provisions.......................................................................................HB 56 Sales and use tax; repair of certain aircraft; sale of parts; provide
exemption.............................................................................................................HB 116 Sales and use tax; required textbooks for accredited postsecondary
institutes; provide exemption...............................................................................HB 391 Sales and use tax; sales price; change definition....................................................HB 347 Sales and use tax; second motor fuel tax; change certain provisions.......................HB 61 Sales and use tax; taxability of all telephone service; remove limitation...............HB 500 Sales and use tax; water pollution eliminating machinery exemptions;
change certain provisions.....................................................................................HB 309 Small Business and Jobs Protection Act of 2009; enact...........................................HB 17 Small Business and Jobs Protection Act of 2010; enact...........................................HB 18 State and local taxes, fees, and property liens; abolish and prohibit;
change provisions - CA..........................................................................................HR 27 State income tax; federal reserve banks in Georgia shall not be exempt;
provide .................................................................................................................HB 466 State revenue commissioner's authority; distributions; repeal
certain provisions.................................................................................................HB 181 State title fees; motor vehicles; provide - CA.........................................................HR 566 Stone Mountain Memorial Association; certain property purchased;
provide tax exemption .........................................................................................HB 499 Student scholarship organizations; revise definition; provisions ...........................HB 394

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6506

INDEX

Tax executions; collection of costs; change certain provisions..............................HB 645 Tax; regional local option transportation tax - CA................................................... SR 44 Taxable net income; AmeriCorps payments and awards; provide
deduction..............................................................................................................HB 338 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 446 Taxation of motor vehicles; comprehensive revision; provide ..............................HB 447 Taxation of motor vehicles; comprehensive revision; provisions..........................HB 480 Taxes; provide for a 1% sales tax; transportation projects in
special transportation districts within the state...................................................... SB 39 Taxpayer Dividend Amendment of 2010; enact - CA..............................................HR 11 Teleworking; income tax credits; provisions..........................................................HB 186 Tobacco products; excise tax; change certain provisions.......................................HB 355 Transportation Trust Fund; create - CA .................................................................HR 206 United States Congress; adopt Fair Tax Act; urge .................................................HR 821
TEACHERS (See Education)
TEACHERS RETIREMENT SYSTEM (Also, see Retirement) O.C.G.A.; correct errors/omissions; Title 47............................................................ SB 48 Retired teachers; speech-language pathologist; return full-time; provisions.............................................................................................................HB 650 Retirement and pensions; election to participate in Regents Retirement Plan; revocable at will.......................................................................HB 740 Teachers Retirement System of Georgia; any full-time public school employee may elect to become a member; provide .................................HB 849 Teachers Retirement System of Georgia; creditable service in private school; provide ....................................................................................HB 165 Teachers Retirement System of Georgia; Trial Judges and Solicitors Retirement Fund; provide creditable service.......................................................HB 832
TELEPHONE AND TELEGRAPH SERVICE Georgia Trauma Hospital Support Act of 2009; enact ...........................................HB 183 Telecommunications competition; Access Transition Fund; implement ...............HB 376 Telecommunications; charge for third party service; change requirements...........HB 302 Telecommunications; modernize competition; provisions.....................................HB 168 Telephone service; unsolicited commercial facsimile messages; change certain provisions.....................................................................................HB 275
TELFAIR COUNTY; Board of Commissioners; districts; provisions ...................HB 755
TENNILLE, CITY OF; provide new charter..........................................................HB 541

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INDEX

6507

TOBACCO AND TOBACCO RELATED PRODUCTS Tobacco products; excise tax; change certain provisions.......................................HB 355
TOOMBS COUNTY; board of elections and registration; create ..........................HB 711
TORTS Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability ............................................... SB 75 Microchip Consent Act of 2009; enact.....................................................................HB 38 Nuisances and torts; product liability causes of actions; change provisions..........HB 663 Torts; specify manufacturer liability in certain cases............................................. SB 213
TOWNS COUNTY; ad valorem tax; provide homestead exemption .....................HB 782
TRADE (See Commerce and Trade)
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges, and Ferries)
General Assembly; Georgia Department of Transportation; develop plan for maglev train; express................................................................HR 606
Georgia Aviation Authority Act; create; provide for membership, governance, operation, power, duties .................................................................... SB 85
Georgia Service-Disabled Veteran Business Enterprise Opportunity Act; enact .....................................................................................................................HB 196
Georgia Transportation Consolidation Act of 2009; enact.....................................HB 187 Roadways; certain facilities; provide regulation ....................................................HB 101 Road systems; asbestos pipe; authorize procedures ...............................................HB 527 State highway system; control of signs and signals; provide
certain height limitations .....................................................................................HB 865 State highway system; Roadside Enhancement and Beautification
Council; change certain provisions......................................................................HB 620 State Highway System; signs and signals; height limitations; allow
owners to obtain permits to remove vegetation from the viewing zones ............ SB 164 Transforming Transportation Investment Act; create State Transportation
Agency; definitions; purposes; abolish State Road/Tollway Authority .............. SB 200 Transportation, Georgia Department.; urged to build a maglev
train to be known as the "The Plane Train" ......................................................... SR 117 Weight of vehicle and load; tow vehicle; maximum weight per axle;
provide ...................................................................................................................HB 65
TROUP COUNTY Magistrate Court; provide chief magistrate shall be a full-time position; compensation and qualifications.......................................................................... SB 277

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6508

INDEX

TRUSTS (See Wills, Trusts, and Administration of Estates) TYBEE ISLAND, CITY OF; four-year, staggered terms; provide ........................HB 629

U
UNIFORM RULES OF THE ROAD Aggressive driving; define the offense; provide.....................................................HB 146 Driver Services, Department of; increase fees; speed restrictions; provisions.............................................................................................................HB 160 Drivers' Licenses; extend period of suspension; certain serious offenders before reinstatement ................................................................................ SB 2 Driving Permits; allow issuance of a limited driving permit; person convicted of driving under the influence subject to certain conditions............... SB 180 General Assembly; additional fees for offenses; allocate to Brain and Spinal Injury Trust Fund - CA ............................................................HR 648 Habitual violators and probationary licenses; notification status; change certain provisions.........................................................................................HB 9 Highway work zones; speeding; change certain provisions...................................HB 296 Motor Vehicles; driver's license requirements; provisions; serious injury due to a right of way violation resulting in collision; revise penalties ................ SB 196 Motor vehicles; driving under the influence of alcohol; provisions.........................HB 92 Motor vehicles; ladder rack; carrying of ladders stacked more than 3 high; prohibit.............................................................................................HB 828 Motor vehicles; regulate medium-speed vehicles; provisions................................HB 530 Motor vehicles; traffic-control signal monitoring devices; repeal provisions...............................................................................................................HB 31 Motorcycles; intersection controlled by traffic-control signal; provide for operation ...........................................................................................HB 617 Motorcycles; provisions requiring protective headgear; exempt certain persons .....................................................................................................HB 317 Pedestrians; provide definitions; clarify legal activities...........................................HB 13 Pedestrians; provide definitions; clarify legal activities...........................................HB 76 Rules of Road; provide for use of more than one parking place by persons with disabilities when all parking places are full ............................. SB 153 Secondary metals recyclers; vehicles used to transport stolen metals; provide forfeiture .................................................................................................HB 497 Uniform rules of the road; bicycles on sidewalks; local government; authorize...............................................................................................................HB 422 Uniform rules of the road; securing live animals in motor vehicles; require ..................................................................................................................HB 692

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INDEX

6509

Uniform rules of the road; vehicles used to transport aggregate materials; clearly identify; require........................................................................................HB 792
Vehicles; all shall be driven on right side of roadway; certain exceptions; provide .................................................................................................................HB 631
Victim Compensation; provide for recovery for serious mental and emotional trauma; change definitions; provisions ........................................ SB 172
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY Shi Gray Holmes Memorial Highway; dedicate.....................................................HR 472

V
VALDOSTA, CITY OF; revise corporate limits; provide......................................HB 583
VETERANS AFFAIRS Ad valorem tax; U.S. servicemembers killed in action; surviving spouses; increase homestead exemption ............................................................................HB 407 Disabled veterans and blind persons; eligibility certificate; provisions.................HB 128 Homestead exemption; disabled veterans; surviving spouses or minors; provide .................................................................................................................HB 222
VITAL RECORDS Death certificate filings; cause and circumstances of death; coroners; provisions...............................................................................................................HB 64
VOTER REGISTRATION AND VOTING (Also, see Elections) Elections; absentee ballots; returns be made by precinct; provide...........................HB 86 Elections; registration of voters; provisions ...........................................................HB 549 Incarcerated persons; moral turpitude felonies; vote; provide - CA ........................HR 76 Voter registration; proof of citizenship; provisions................................................HB 139

W
WAGES; MINIMUM WAGE LAW Minimum wage; increase; provide comprehensive reform ....................................HB 290
WALTON COUNTY Loganville, City of; mayor and city councilmembers; change the terms...............HB 746
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6510

INDEX

WARE COUNTY Board of Education; citizens right to address board; provide ................................HB 732 Citizens right to address commissioners; provide ..................................................HB 735 Satilla Regional Water and Sewer Authority; member selection; revise ...............HB 808
WARNER ROBINS, CITY OF Levy an excise tax; authorize .................................................................................HB 712 Warner Robins Public Facilities Authority Act; enact ...........................................HB 809
WARREN COUNTY Probate court judge serve as chief magistrate; provide ..........................................HB 437
WASHINGTON COUNTY Washington County Public Facilities Authority Act; enact ...................................HB 741
WASTE MANAGEMENT Georgia Voluntary Remediation Program Act; define certain terms; provide for power/duties of Environmental Protection Division director............. SB 78 Georgia Voluntary Remediation Program Act; enact ............................................HB 248 Hazardous waste; disposition of certain medical sharps waste; provisions ...........HB 504 Solid waste disposal facilities; surcharge; increase................................................HB 491 State-wide recycling program; expand; provisions ................................................HB 310 Waste Management; provide for quarantining/certified clean up of sites where methamphetamine was unlawfully manufactured..................... SB 15
WATER RESOURCES Natural Resources, Department of; proposed new or revised flood elevations; require notice ...........................................................................HB 169 Public water systems; water usage among tenants; revise provisions....................HB 158 Regional commissions; change to regional development centers; revision of provisions...........................................................................................HB 640 Sales and use tax; water pollution eliminating machinery exemptions; change certain provisions.....................................................................................HB 309 Soil Erosion and Sedimentation; 25 foot buffers along state waters; change certain provisions..................................................................................... SB 155 Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions............................................................................................................. SB 228 State owned marshland or water bottoms; leasing; change certain provisions.............................................................................................................HB 170 United States Congress; oppose efforts to expand reach and scope of Clean Water Act; request ......................................................................HR 471 Water pollution control; regulate surface water returns; county boards of health; change certain provisions.........................................................HB 239

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INDEX

6511

Water pollution control; sludge and water-waste systems; regulate ......................HB 238 Water pollution; Adopt a Water Body program; provide.......................................HB 693 Water well contractors or drillers; inject surface water into Floridian
aquifer; change certain provisions .......................................................................HB 597 Water well standards; contractors or drillers; change certain provisions...............HB 552 Wells and drinking water; permits to use ground water; change
certain provisions.................................................................................................HB 578
WATERS, PORTS, AND WATERCRAFT Boating Safety Zones; prohibit operation of certain vessels on Lake Sinclair ..................................................................................................... SB 99 Improved Taxpayer Customer Service Act of 2009; enact ....................................HB 485 Natural Resources Board; rules and regulations; watercraft; penalty of violations; change certain provisions ................................................... SB 72 Outdoor sports activities; engaging while under the influence; prohibit ...............HB 669
WAYCROSS, CITY OF Citizens right to address city commissioners; provide ...........................................HB 734
WEAPONS (Also, see Firearms) Firearms; possession of a license to carry; add persons to exemption ...................HB 819
WELFARE (See Social Services)
WEST POINT, CITY OF; Redevelopment Powers Law; authorize......................HB 720
WHITE COUNTY; levy an excise tax; authorize...................................................HB 632
WHITFIELD COUNTY Board of commissioners; insurance coverage for former members; provide .................................................................................................................HB 672
WILCOX COUNTY Board of Commissioners; staggered elections; provide .........................................HB 618 Board of Education; staggered terms for members; provisions .............................HB 751
WILD ANIMALS Special license plates; Georgia Aquarium; provisions...........................................HB 639 Special license plates; protection of wild dolphins in Georgia; provide ................HB 856
WILDLIFE Game and fish; taking of nongame species; change certain provisions .................HB 603 Outdoor sports activities; engaging while under the influence; prohibit ...............HB 669

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6512

INDEX

Season and bag limit; open seasons; change certain provisions.............................HB 402 Wildlife; prohibition against trapping wildlife upon the rights
of way of public roads/highways; provide exception.......................................... SB 110 Wildlife; restrictions on hunting certain animals with lights ................................ SB 111 Wildlife; use of certain drugs on wildlife; regulate................................................HB 416
WILKINSON COUNTY Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett ............ SR 294
WILLACOOCHEE, CITY OF Willacoochee, City of; filling vacancies; revise method........................................HB 594 Willacoochee, Town of; deannex property; provide ..............................................HB 794
WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES The Revised Georgia Trust Code of 2009; comprehensively revise provisions relating to trusts ....................................................................... SB 131
WINE (Also, see Alcoholic Beverages) Alcoholic beverages; Georgia Alcoholic Beverages Code; change certain provisions.................................................................................................HB 353
WITNESSES Detention; provide certain incarcerated persons shall be tested for HIV prior to release; notice; counseling .......................................................... SB 64 General Assembly; committees; witnesses and documents; authorize ..................HB 490 Privilege; confidentiality of communications between husband and wife; change certain provisions.....................................................................................HB 840
WOODBINE, CITY OF Ad valorem taxes; homestead exemption; municipal purposes ............................. SB 267
WOODSTOCK, CITY OF City of Woodstock Community Improvement District Act of 2009; enact ...........HB 496 Levy an excise tax; authorize .................................................................................HB 596
WORKERS COMPENSATION Insurance; provide certain definitions; include plan administrators in prompt pay requirements; penalties................................................................... SB 62 Workers' Compensation Insurance; revise code section; regulation of rates; remove certain references ........................................................................ SB 76 Workers' compensation; decisions of administrative law judge and appellate division; change certain provisions ...............................................HB 330

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INDEX

6513

Workers' compensation; hearing loss; hearing level frequencies; revise certain provisions ......................................................................................HB 864
WORTH COUNTY; board of elections and registration; create ............................HB 686

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PART II
HOUSE BILLS
HB 1-- Crimes and offenses; prenatal murder; define; provisions................................................................................................. 49, 85
HB 2-- Security and immigration compliance; public employers; clarify requirements ................................................... 72, 99, 1400, 2988, 4806, 6167, 6357
HB 3-- Veterans Day; public schools closed November 11; provide ..................................................................................................... 72, 99
HB 4-- Income tax credit; qualified ad valorem tax expenses; provisions............................................................................................... 87, 123
HB 5-- Income tax credit; qualified ad valorem tax expenses; provisions..................................................................................... Prefiled Only
HB 6-- Sales and use tax; certain energy or water efficient products; provide exemption ................................................................... 49, 85
HB 7-- DeKalb County; governing authority officers; revisions ............ Prefiled Only HB 8-- DeKalb County; school district ad valorem tax; provide
homestead exemption .................................................................. Prefiled Only HB 9-- Habitual violators and probationary licenses;
notification status; change certain provisions.......................................... 49, 85 HB 10-- Georgia Crime Information Center; provide access to
criminal history; change provisions..................................................... 114, 134 HB 11-- Accusations; trial in all cases except serious violent
felonies; allow........................................................................................ 87, 123 HB 12-- Insurance; marketing and sales; unscrupulous practices;
broaden prohibition................................................................................ 72, 100 HB 13-- Pedestrians; provide definitions; clarify legal activities.............. Prefiled Only HB 14-- Elections; nonpartisan; certain officials; provide .................................. 88, 123 HB 15-- Georgia Administrative Procedures Act; change certain
procedures; provide proposed rules ....................................................... 88, 123 HB 16-- Electronic tracking device; location of person without
consent; prohibit ......................................................................... 88, 123, 1268, 2920, 5575, 6154, 6221, 6226, 6334, 6351,6368
HB 17-- Small Business and Jobs Protection Act of 2009; enact.......................... 49, 85 HB 18-- Small Business and Jobs Protection Act of 2010; enact.......................... 50, 85

6516

INDEX

HB 19-- Motor vehicles; wireless communication devices; provisions............................................................................................... 73, 100
HB 20-- Human Resources, Department of; policies or rules; loans, grants and benefits; provisions............................................ 73, 100, 327
HB 21-- Drivers' licenses; instruction permit and Class D; mobile phones; prohibit use................................................................... 73, 100
HB 22-- Safety belts; pickup trucks; rear seats of vehicles; require .................................................................................................... 74, 100
HB 23-- Motor vehicles; cell phones; text messaging; prohibit use ................................................................................................. 74, 100, 593, 1151, 1389, 2909
HB 24-- Evidence; revise, supersede, and modernize provisions; provide definitions ....................................................................... 74, 100, 1073
HB 25-- Dealers' sales and use tax returns; estimated tax liability; change provisions.................................................................. 151, 179
HB 26-- Recorded deeds; disclose inclusion or exclusion of mineral rights; require.......................................................................... 151, 179
HB 27-- Kidnapping; change certain provisions ....................................... Prefiled Only
HB 28-- Kidnapping; change certain provisions ................................................. 75, 100
HB 29-- Georgia Civil Practice Act; electronic service of pleadings; provisions .................................................................... 75, 100, 287, 427, 4141, 4904, 4964, 5075, 5329, 6258, 6365
HB 30-- Georgia Townships Act; enact............................................................. 581, 642
HB 31-- Motor vehicles; traffic-control signal monitoring devices; repeal provisions.................................................................... 152, 179
HB 32-- Death penalty; impose with unanimous verdict; provisions................................................................................................. 50, 85
HB 33-- Religious Viewpoints Antidiscrimination Act; enact ............................ 89, 124
HB 34-- Campaign contributions; filing campaign disclosure reports; change provisions ........................................................... Prefiled Only
HB 35-- Bonds; interest and dividends received on bond funds; provisions................................................................................................. 50, 85
HB 36-- Georgia Bureau of Investigation; state-wide "Blue Alert" system; create; provisions ............................................................. 51, 85
HB 37-- Parent Protection Act; enact ................................................................ 582, 642
HB 38-- Microchip Consent Act of 2009; enact.................................................. 89, 124
HB 39-- Excise tax; cigarettes and loose or smokeless tobacco; increase amount ................................................................................... 199, 235
HB 40-- Recording of foreclosures and deeds; timely filing of deed; provisions ................................................................................... 484, 589

INDEX

6517

HB 41-- Retirement and pensions; invest funds in companies producing racist or obscene lyrics; provide divestiture ................... 4190, 4947
HB 42-- Residential mortgage fraud; the offense; modify certain provisions............................................................................................. 485, 589
HB 43-- Scrap metal processors; require photo identification of nonlicensed sellers; provisions ............................................................ 114, 134
HB 44-- Budget Act; application of zero-based budgeting; provisions.................................................................................... 75, 100, 1400, 2611
HB 45-- Elections and primaries; voter registration; proof of United States citizenship; provisions.............................................. 51, 85, 591, 1268
HB 46-- Sales and use tax; certain sales of dyed fuel oils; provide exemption .......................................................................... 51, 85, 241, 269, 4141, 4897
HB 47-- Reckless conduct; assaults with intent to transmit HIV or hepatitis; increase penalty.................................................................... 52, 85
HB 48-- Local government; franchise fees; change provisions............................. 52, 85
HB 49-- Georgia Board for Physicians Workforce; revise certain provisions...................................................................................... 75, 100, 183, 237, 4142
HB 50-- Death investigations by coroners; notification requirements; provide ................................................................... 76, 100, 403, 666
HB 51-- Georgia Bureau of Investigation; bingo games; Department of Revenue; provisions .............................................. 76, 100, 274
HB 52-- Georgia Public Service Commission; certain costs; provisions............................................................................................... 76, 100
HB 53-- Law enforcement officers; stop motorists; race or ethnicity; prohibit................................................................................... 77, 100
HB 54-- Georgia Judicial Retirement System; survivors' benefits; provisions ................................................................................ 77, 100
HB 55-- Computerized record-keeping systems; clerks of superior courts; redacting social security numbers; provide ................................................................................................... 77, 100
HB 56-- Sales and use tax; renegotiation of distribution certificates; change certain provisions.......................................... 78, 100, 440, 1337, 5165, 5594, 6358

6518

INDEX

HB 57-- Motor vehicles; Department of Revenue; administer the federal Unified Carrier Registration Act of 2005; designate ....................................................................................... 78, 100, 124, 593, 2116, 4149, 5146, 6357
HB 58-- Income tax credit; certain volunteer firefighters; provide ................................................................................................... 78, 100
HB 59-- Sales and use tax; controlled substances and dangerous drugs; certain exemptions; provide................................................. 78, 99, 440, 536, 3048
HB 60-- Licensing requirements and exceptions; professional counseling, social work, or marriage and family therapy; provisions.......................................................................... 79, 99, 183, 220, 3888
HB 61-- Sales and use tax; second motor fuel tax; change certain provisions............................................................................................... 79, 100
HB 62-- Cancelable educational loans; State Veterinary Education Board; provisions........................................................ 80, 100, 2514
HB 63-- Redevelopment Powers Law; enact............................................ 80, 100, 1071, 1344, 4805, 5038, 5327, 5352, 5621, 6295, 6366
HB 64-- Death certificate filings; cause and circumstances of death; coroners; provisions ........................................................... 80, 100, 274, 611, 4806, 5291
HB 65-- Weight of vehicle and load; tow vehicle; maximum weight per axle; provide ........................................................................ 81, 100
HB 66-- Municipal Option Sales Tax for Water and Sewer; enact ..................... 81, 100
HB 67-- Sales and use tax; food and beverages; suspend exemption..................................................................................... 81, 100, 1390
HB 68-- Deceased individuals; regulation of certain areas; disposition of bodies; provisions .................................................. 81, 100, 645, 1324, 3947, 4086, 4934, 5072, 5329, 5357, 5558
HB 69-- Attending physicians; order not to resuscitate a candidate for nonresuscitation; provide under certain conditions...................................................................................... 89, 124, 183, 253, 296, 4805, 5126
HB 70-- Early care and learning; fingerprint records checks; require ............................................................................................ 90, 124, 345

INDEX

6519

HB 71-- False identification documents; manufacturing, selling, or distributing; provisions............................................................. 90, 124, 250, 343, 3554, 3818
HB 72-- Local government; county surveyors; provisions........................ 90, 124, 1071
HB 73-- Civil trials; appointment of special masters; provide .................... 90, 124, 592
HB 74-- Revenue and taxation; define terms; provide ............................... 91, 124, 646, 1148, 4147
HB 75-- Ad valorem tax; bona fide conservation use property; revise certain provisions ........................................................................ 91, 124
HB 76-- Pedestrians; provide definitions; clarify legal activities........................ 91, 124
HB 77-- Piedmont Judicial Circuit; create new superior court judgeship................................................................................................ 91, 124
HB 78-- Penal institutions; Department of Probation/Patrol Community Based Supervision; create.................................................. 92, 124
HB 79-- Historical Georgia license plates; increase time period; provide ................................................................................................... 92, 124
HB 80-- Insurance contracts; corporations; employees covered; change minimum number ............................................................. 93, 124, 236, 270, 3070
HB 81-- Human Resources, Department of; duty to furnish information; prohibit.............................................................................. 93, 124
HB 82-- Public officers and employees; establish Office of State Inspector General; provisions ...................................................... 93, 124, 1071
HB 83-- Abandoned motor vehicles; define terms; provisions ........................... 93, 123
HB 84-- Corrections, Department of; punishment for serious violent offenders; provide...................................................................... 94, 123
HB 85-- Elections; nonpartisan; certain officials; provide by local law ................................................................................................. 94, 123
HB 86-- Elections; absentee ballots; returns be made by precinct; provide .......................................................................................... 94, 123, 591, 1266, 4805
HB 87-- Law enforcement officers; arrest; revise certain provisions............................................................................................... 95, 123
HB 88-- Elections; nonpartisan; certain officials; provide .................................. 95, 124
HB 89-- State employees' or board of regents' health insurance plan; Medicaid; require................................................................ 95, 124, 2515
HB 90-- General Assembly; standing and special committees; witnesses under oath; provide................................................................ 95, 124
HB 91-- Public authorities; conflicts of interest; prohibit ................................... 96, 124
HB 92-- Motor vehicles; driving under the influence of alcohol; provisions............................................................................................... 96, 124

6520

INDEX

HB 93-- Georgia Medical Center Authority; real property; partial and joint ownership; provide authorization..................... 97, 124, 1401, 2131, 3944
HB 94-- Public utilities and transportation; electric company; provide definition................................................................................... 97, 124
HB 95-- Ad valorem tax; notice of changes made; require ................................. 97, 124
HB 96-- Georgia Free Enterprise and Antitrust Act of 2009; enact ....................................................................................................... 97, 124
HB 97-- Sales and use tax exemption; certain school supplies; provide ................................................................................................. 114, 134
HB 98-- Athens-Clarke County Unified Government; membership; provisions.............................................................. 115, 134, 287, 288, 3503
HB 99-- Republic of Sudan; public retirement systems; investing funds; prohibit...................................................................................... 115, 134
HB 100-- Education; student scholarship organizations; provisions.................................................................................... 115, 134, 440, 600, 607, 3553
HB 101-- Roadways; certain facilities; provide regulation ........................ 116, 134, 405, 668, 4837, 5172
HB 102-- Alcoholic beverages; issuance of licenses; revise certain provisions.................................................................................... 116, 134, 287, 500, 645
HB 103-- Confederate Heritage and History Month; observe in April; annually ..................................................................................... 116, 134
HB 104-- Alcoholic beverages; local authorization; Sunday sales; certain public stadiums; provide.......................................................... 117, 134
HB 105-- Emergency 9-1-1 systems; redefine certain terms............................... 117, 134
HB 106-- Ad valorem tax; commercial highway vehicles not registered in Georgia; provisions................................................. 117, 134, 440
HB 107-- State Board of Locksmiths; create; provisions .................................... 117, 134
HB 108-- Ralph Mark Gilbert Civil Rights Museum; official state civil rights museum; provide ...................................................... 118, 134, 264, 567
HB 109-- Cockfighting; punishments; provisions ............................................... 118, 134
HB 110-- Law enforcement officers; stop motorists; race or ethnicity; prohibit................................................................................. 118, 134
HB 111-- Sentencing and imposition of punishment; procedure; repeal certain provisions ...................................................................... 119, 134
HB 112-- Ad valorem tax exemption; property; provisions ................................ 119, 134
HB 113-- Housing Authorities Law; certain past offenses; not disqualify applicants; provide.............................................................. 119, 134

INDEX

6521

HB 114-- Newborn, Town of; provide new charter.................................... 120, 134, 287, 289, 467
HB 115-- Distilled spirits; state license requirements; identifying information; provide ................................................................... 120, 134, 645, 1950
HB 116-- Sales and use tax; repair of certain aircraft; sale of parts; provide exemption ............................................................ 120, 134, 274, 345, 3888
HB 117-- House and Senate; certain committees; amend Official Code of Georgia Annotated references....................................... 121, 134, 149, 180, 1223
HB 118-- Supplemental appropriations; State Fiscal Year July 1, 2008 - June 30, 2009................................................................... 121, 134, 643, 704, 1411, 1414, 1869, 1871, 2143, 2500
HB 119-- General appropriations; State Fiscal Year July 1, 2009 June 30, 2010 ............................................................................ 121, 134, 3040, 3079, 4284, 4290, 4804, 4806, 5625, 6222
HB 120-- Sales and use tax exemption; certain school supplies; energy efficient products; provide .............................................. 121, 134, 274, 608, 4806
HB 121-- Revenue and taxation; prepaid state fuel tax; provide exemption.................................................................................... 122, 134, 241, 268, 4148
HB 122-- Counties and municipalities; budget excess; searchable website; provisions .............................................................................. 127, 146
HB 123-- Sexual offenses; child molestation; define; change certain provisions........................................................................ 127, 146, 626, 1947, 3948, 4021
HB 124-- Georgia Public Safety Training Center; training of elected members; require ..................................................................... 128, 146
HB 125-- Municipal corporations; ante litem notice; change provisions............................................................................................. 128, 147
HB 126-- Uniform Electronic Transactions Act; enact ............................ 128, 147, 1837, 2628, 3893, 4062
HB 127-- Uniform Real Property Electronic Recording Act; adopt; provisions......................................................................... 129, 147, 645, 1256, 4148, 4898

6522

INDEX

HB 128-- Disabled veterans and blind persons; eligibility certificate; provisions.................................................................. 129, 147, 240, 299
HB 129-- Sales and use tax exemption; zoological institution; provide ...................................................................................... 129, 147, 1390, 2995, 4148
HB 130-- Elections; nonpartisan; certain officials; provide ................................ 130, 147
HB 131-- Elections; nonpartisan; tax receivers; provide..................................... 130, 147
HB 132-- Elections; nonpartisan; solicitors-general; provide ............................. 130, 147
HB 133-- Elections; nonpartisan; county commissioners; provide ..................... 130, 146
HB 134-- Elections; nonpartisan; sheriffs; provide ............................................. 131, 146
HB 135-- Elections; nonpartisan; clerks of superior court; provide.................... 131, 146
HB 136-- Elections; nonpartisan; district attorneys; provide .............................. 131, 147
HB 137-- Local option sales tax proceeds; distribution; change provisions............................................................................................. 131, 147
HB 138-- Alcoholic beverages; local authorization; Sunday sales; provisions............................................................................................. 132, 147
HB 139-- Voter registration; proof of citizenship; provisions............................. 132, 147
HB 140-- Georgia Bureau of Investigation; state-wide "Blue Alert" system; create................................................................... 133, 147, 250, 324
HB 141-- Financial institutions; update definitions; provisions................. 133, 147, 165, 209, 4807, 5319
HB 142-- The Billy Foulke Seatbelt Act; enact................................................... 133, 147
HB 143-- Local government; homeowner tax relief grants; change certain provisions........................................................................ 134, 147, 165, 193, 319
HB 144-- Tires; use of retreaded tires; change provisions .................................. 139, 160
HB 145-- Child Support; revise a definition; correct crossreferences; provisions ................................................................. 139, 160, 645, 1261, 4149
HB 146-- Aggressive driving; define the offense; provide.................................. 140, 160
HB 147-- Bonds or recognizances; professional bondsmen; provisions.................................................................................... 140, 160, 592, 1317, 4843, 5157
HB 148-- Georgia Trauma Care Network Commission; certain reports; certain funds; provisions......................................................... 140, 160
HB 149-- Move on When Ready Act; enact ............................................... 141, 160, 403, 661, 3888
HB 150-- General Appropriations Act; State Fiscal Year 2008 2009; change certain appropriations.................................................... 141, 161

INDEX

6523

HB 151-- General Appropriations Act; State Fiscal Year 2008 2009; change certain appropriations.................................................... 141, 161
HB 152-- State Fiscal Year; July 1, 2009 - June 30, 2010; make and provide appropriations .................................................................. 142, 161
HB 153-- State Fiscal Year; July 1, 2009 - June 30, 2010; make and provide appropriations .................................................................. 142, 161
HB 154-- Speed detection devices; clarify definition; provide ........................... 142, 161
HB 155-- License to carry pistol or revolver; permanent license; provide ................................................................................................. 142, 161
HB 156-- Magistrate judges; performing military duty; eligible for reelection; provisions ............................................................ 143, 161, 402, 599, 4178, 4928, 6357
HB 157-- Lottery shortfall reserve subaccounts; revise trigger reductions in HOPE; provisions ................................................. 143, 160, 240, 267, 3071
HB 158-- Public water systems; water usage among tenants; revise provisions ......................................................................... 143, 160, 684, 2767
HB 159-- Peace Officers; employment and training; require verification; provide............................................................................. 144, 160
HB 160-- Driver Services, Department of; increase fees; speed restrictions; provisions................................................................ 144, 160, 164, 672, 1838, 3889
HB 161-- High school athletics; interscholastic competition; provisions............................................................................................. 144, 160
HB 162-- Georgia Military College; eligible for HOPE grants; provide ................................................................................................. 145, 160
HB 163-- Limitations on prosecutions; offenses of cruelty to children; provisions.................................................................... 145, 161, 1837
HB 164-- Bremen, City of; provide new charter ........................................ 145, 161, 287, 289, 6359
HB 165-- Teachers Retirement System of Georgia; creditable service in private school; provide ........................................................ 145, 161
HB 166-- Bingo; define certain terms; veterans organizations; provisions................................................................................... 146, 161, 1296
HB 167-- Cherokee County State Court; additional judge; provide........... 146, 161, 403, 621, 4149
HB 168-- Telecommunications; modernize competition; provisions.................................................................................. 152, 179, 1056, 1985

6524

INDEX

HB 169-- Natural Resources, Department of; proposed new or revised flood elevations; require notice...................................... 152, 179, 405, 702, 4866, 5073, 5331, 5355, 5623, 6249, 6341, 6350, 6364
HB 170-- State owned marshland or water bottoms; leasing; change certain provisions............................................................ 153, 179, 362, 659, 3893, 4003
HB 171-- Public records; exemptions to requirements for disclosure; provisions ............................................................... 153, 179, 1071, 1372
HB 172-- Employees' Retirement System of Georgia; disability benefits; provisions ..................................................................... 153, 179, 404, 618
HB 173-- Illegal or void contracts; partial restraint of trade; repeal ........ 153, 179, 1401, 2891, 4837
HB 174-- Abandoned motor vehicles; possessory liens; define certain terms......................................................................................... 154, 179
HB 175-- Education; student scholarship organizations; repeal.......................... 154, 179
HB 176-- Roswell, City of; Redevelopment Powers Law; authorize...................................................................................... 154, 179, 361, 363, 652
HB 177-- Secondary metals recyclers; penalties for theft crimes; change provisions ...................................................................... 155, 179, 1872
HB 178-- Glynn County; ad valorem tax; county purposes; homestead exemption; provisions............................................... 155, 179, 287, 290, 1223
HB 179-- Glynn County; ad valorem tax; school district; homestead exemption; provisions............................................... 155, 179, 287, 290, 1223
HB 180-- Public health and morals; tattooing near the eye; change certain provisions................................................................................. 156, 179
HB 181-- State revenue commissioner's authority; distributions; repeal certain provisions ............................................................. 156, 179, 274, 390, 3944
HB 182-- Firearms; discharge; counties or municipalities; provisions............................................................................................. 156, 179
HB 183-- Georgia Trauma Hospital Support Act of 2009; enact ........................ 156, 179
HB 184-- Marriage license; sickle cell disease information; provide ........................................................................................ 157, 179, 591, 1314, 4838, 5129

INDEX

6525

HB 185-- Chief Judge of the Court of Appeals; emergency powers; provisions ...................................................................... 157, 179, 274, 473
HB 186-- Teleworking; income tax credits; provisions............................ 157, 179, 1390, 2941, 4838
HB 187-- Georgia Transportation Consolidation Act of 2009; enact ..................................................................................................... 158, 179
HB 188-- Revenue and taxation; prepaid cigarette tax; provisions ..................... 158, 179
HB 189-- Private child support collection; definitions; provisions ............ 158, 179, 592, 2932, 4841, 5064, 5356, 5374, 6222, 6267, 6335, 6366
HB 190-- Employees' Retirement System of Georgia; death benefit; clarify provisions ........................................................... 168, 191, 255, 426
HB 191-- Georgia State Employees' Pension and Savings Plan; retirement computations; provisions........................................... 168, 191, 255, 1953
HB 192-- Revenue and tax; ad valorem tax; Georgia Trauma Trust Fund; provide ............................................................................. 169, 191
HB 193-- Elementary and secondary education; 180 day school year; school closure on Veterans Day; provide .......................... 169, 191, 590, 2543, 4203, 4888, 6357
HB 194-- Brand name drugs; substitute generic drugs; provisions ............ 169, 191, 274, 321
HB 195-- Trial juries; qualification of electric membership corporation; provisions ............................................................... 170, 191, 462, 1857, 3944
HB 196-- Georgia Service-Disabled Veteran Business Enterprise Opportunity Act; enact................................................................. 170, 191, 351
HB 197-- Consumer reporting agencies; identical report to consumer and creditor; require ............................................................ 170, 191
HB 198-- Elementary and secondary education; kindergarten program; 810 hours per school year; provisions ......................... 171, 191, 292
HB 199-- Warrants for arrest; persons who may issue warrants; provisions............................................................................................. 171, 191
HB 200-- Safety belts; failure to use; evidence of negligence; provide ........................................................................................ 171, 191, 592, 1193
HB 201-- Safety belts; new school buses equipped; provide .............................. 172, 191

6526

INDEX

HB 202-- Retirement and pensions; computing contributions and benefits; define certain terms...................................................... 172, 191, 404, 541, 3071
HB 203-- Local government; development authorities; clarify certain terms......................................................................................... 172, 191
HB 204-- Sales and use tax; motor fuel sales; change certain provisions............................................................................................. 173, 191
HB 205-- State purchasing; goods and services from correctional industries; revise certain provisions..................................................... 173, 191
HB 206-- Georgia Agency Accountability Act; enact............................... 173, 191, 2516
HB 207-- Off-road vehicles; operating restrictions; change certain provisions.................................................................................... 174, 191, 593, 1382
HB 208-- Educational programs; bilingual certification on high school diplomas; provide ........................................................... 174, 191, 2501
HB 209-- Vote; proof of identity; valid student identification; provide ......................................................................................... 174, 191, 591
HB 210-- Georgia Judicial Retirement System; employer contributions; clarify................................................................... 174, 191, 255, 298, 3503
HB 211-- Retirement and pensions; action brought against boards of trustees; Superior Court of Fulton County; provide............... 175, 191, 255, 597
HB 212-- Sales and use tax; jet fuel; continue exemption.......................... 175, 191, 274, 320, 1308
HB 213-- Criminal street gang activity; school safety zones; increase penalty.................................................................................... 175, 191
HB 214-- Habeas corpus procedure; filing a writ; change certain provisions............................................................................................. 176, 191
HB 215-- Graduating Everyone Matters Act; enact ............................................ 176, 191
HB 216-- Cordele Judicial Circuit; superior court; change certain terms............................................................................................ 176, 191, 403, 625, 4156
HB 217-- Physicians; influenza vaccine orders; provisions ....................... 177, 191, 274, 431, 4844, 5582
HB 218-- Fence, Automated Gate Contractors; create licensing board .................................................................................................... 185, 207
HB 219-- Antifreeze; include aversive agent to render it unpalatable; provisions .............................................................. 186, 207, 1296
HB 220-- Superior courts; issuing orders on motions; provisions.............. 186, 207, 287, 1257

INDEX

6527

HB 221-- Extraordinary writs; removal of superior court judge; provisions.................................................................................... 186, 207, 287, 1246, 4841
HB 222-- Homestead exemption; disabled veterans; surviving spouses or minors; provide .................................................................. 186, 207
HB 223-- Local government; public works bidding; health insurance; require................................................................................. 187, 207
HB 224-- Peace Officers' Annuity and Benefit Fund; county jail officers; provisions .............................................................................. 187, 207
HB 225-- Elections; handled by state registered voters; require ............... 187, 207, 2515
HB 226-- Probation detention centers; sentencing and confinement; change provisions ................................................. 188, 207, 292, 481, 1230, 3553
HB 227-- Elections; address confidentiality; provisions .......................... 188, 207, 1071, 1859, 3889
HB 228-- State health and human services agencies; reorganize and reestablish; provisions........................................................ 188, 207, 1333, 1992, 3597, 3648, 3649, 3918, 3919, 3929, 5357
HB 229-- Local school systems; conduct an annual fitness assessment; require ..................................................................... 189, 207, 403, 656, 3503, 5379
HB 230-- Nuisances; pentachlorophenal emission; provisions ........................... 189, 207
HB 231-- Practice of architecture; projects within structures; clarify .......................................................................................... 189, 207, 287, 347
HB 232-- Agriculture Commissioner; trademark; create........................... 190, 207, 1218
HB 233-- Revenue and taxation; valuation increases of property; provide moratorium .................................................................... 190, 207, 274, 386, 393, 413, 1081, 3592, 3950
HB 234-- Educational loans; service cancelable; State Veterinary Education Board; change certain provisions ....................................... 200, 235
HB 235-- Court reports; publishing a volume of rules from the definition of reports; remove requirement.................................. 200, 236, 645, 1227
HB 236-- Georgia Government Accountability Act; enact ................................. 200, 236
HB 237-- Human Resources, Department of; financial assistance for adoptive parents; revise provision......................................... 201, 236, 345, 470, 3889

6528

INDEX

HB 238-- Water pollution control; sludge and water-waste systems; regulate.................................................................................. 201, 236
HB 239-- Water pollution control; regulate surface water returns; county boards of health; change certain provisions............................. 201, 236
HB 240-- Ad valorem tax; certain historical information; change certain provisions................................................................................. 202, 236
HB 241-- Ad valorem tax; property; change certain provisions.......................... 202, 236
HB 242-- Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority............................ 202, 236
HB 243-- Elementary and secondary education; salary increase; provisions.................................................................................. 202, 236, 1388, 2575, 4841, 5590, 6358
HB 244-- Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority................. 203, 236, 1071, 1323
HB 245-- Delinquent and unruly children; disposition; change provisions.................................................................................... 203, 235, 645, 1937, 4178
HB 246-- Juvenile proceedings; arrest and detention of accused children; risk assessment instrument; provisions ................................ 203, 235
HB 247-- Ad valorem tax; homestead exemption; disabled veterans; provisions ............................................................................. 203, 236
HB 248-- Georgia Voluntary Remediation Program Act; enact............... 204, 236, 1390, 2616, 3948, 4012
HB 249-- Public Retirement Systems Investment Authority Law; define certain terms; provisions................................................. 204, 236, 1872
HB 250-- Proposing amendments to state Constitution; hold a Convention; provisions ........................................................................ 205, 236
HB 251-- Elementary and secondary education; parents enroll child in another school; provide option ...................................... 205, 236, 403, 565, 4186, 4922, 5011, 5317, 5623, 6278, 6336, 6366
HB 252-- Georgia Closing the Achievement Gap Commission; create .................................................................................................... 205, 236
HB 253-- Mechanics and materialmen; contractor sign affidavit; verify pay; provide............................................................................... 206, 236
HB 254-- Human Resources, Department of; juvenile proceedings; locate adult relatives; provisions ........................... 206, 236, 350, 1389, 1936, 3948, 4076, 6167

INDEX

6529

HB 255-- Income tax credits; personal mass transportation expenses; provisions ............................................................................ 206, 236
HB 256-- Safety belts; failure to use; recover costs incurred; provide ................................................................................................. 227, 249
HB 257-- Cremation; preneed authorization; provide ............................... 228, 249, 1260
HB 258-- Driver's license; minor of disabled guardian; restricted learner's permit; provisions....................................................... 228, 249, 1389, 2132, 5331, 6152
HB 259-- Firearms; training of licensed persons; provide................................... 228, 249
HB 260-- Licenses; pistol or revolver; include photograph and current address; provide....................................................................... 228, 249
HB 261-- Income tax credit; purchase of one eligible singlefamily residence; provide ......................................................... 229, 249, 1219, 2586, 3949, 4085, 4965, 5076, 5330, 6182, 6364
HB 262-- Property; land covenants which prohibit certain xeriscape practices; prohibit ..................................................... 229, 249, 1390, 2134
HB 263-- In-home services; employees; criminal background investigation; provide .......................................................................... 229, 249
HB 264-- Conveyances; regulation of security conveyances; revise; provisions ................................................................................. 229, 249
HB 265-- Rhine, Town of; provide new charter; change name to City of Rhine; provide ................................................................ 230, 249, 287, 290, 497
HB 266-- Technical College System of Georgia; retirement and pensions; provisions............................................................................. 230, 249
HB 267-- Fair Business Practices Act of 1975; confidentiality of certain information; clarify certain provisions .......................... 231, 249, 1388
HB 268-- Elections; superintendent establish polling places outside of boundaries; authorize .......................................................... 231, 249
HB 269-- Income tax credit; caregiver expenses; revise and change .................................................................................................. 231, 249
HB 270-- Income tax exemptions; custodial and noncustodial parents; revise and change certain provisions ..................................... 231, 249
HB 271-- Sales and use tax; natural or artificial gas sales; provide phased-in exemption ............................................................................ 232, 249
HB 272-- Sales and use tax; joint county and municipal; change certain provisions................................................................................. 232, 249
HB 273-- Georgia Prescription Monitoring Program Act; enact......................... 232, 249
HB 274-- Secondary metals recyclers; records of transactions; change certain provisions..................................................................... 232, 249

6530

INDEX

HB 275-- Telephone service; unsolicited commercial facsimile messages; change certain provisions ................................................... 233, 249
HB 276-- Coal mining; extracted by mountain top removal; prohibit purchase; provisions............................................................... 233, 249
HB 277-- The Georgia 2020 Transportation Act; enact ............................. 233, 249, 593, 1069, 1155, 3597, 3821, 3928, 4000, 4842
HB 278-- Quality Basic Education Act; direct instructional costs; temporarily waive certain expenditure controls ....................... 234, 249, 1071, 1385, 4965, 5093, 5352
HB 279-- Quality Basic Education Act; guaranteed valuation school system; revise definition........................................................... 234, 249
HB 280-- Quality Basic Education Act; mathematics or science teachers; additional compensation; provide................................ 243, 263, 590, 1238, 3950, 4001
HB 281-- Georgia Virtual School Opportunity and Enrichment Act; enact .................................................................................. 244, 263, 2501, 3072
HB 282-- Georgia Master Teacher Program; provide bonus; Distinguished Teacher Leader Certification; establish........................ 244, 263
HB 283-- Judicial branch of government; financing and operations; revise provisions ...................................................... 244, 263, 462, 614, 4186, 4927, 5327, 5353, 5623, 6190, 6366
HB 284-- Misdemeanor offenders; reimbursement rates; change certain provisions................................................................................. 245, 263
HB 285-- Misdemeanor offenders; reimbursement rates; change certain provisions................................................................................. 245, 263
HB 286-- Licenses; handgun safety course; provide ........................................... 245, 263
HB 287-- Speed detection devices; school zones; certain restrictions not apply.................................................................... 246, 263, 645
HB 288-- Self-employment Assistance Program; enact ...................................... 246, 263
HB 289-- Courts; Georgia Courts Automation Commission; repeal......................................................................................... 246, 263, 1401, 2580
HB 290-- Minimum wage; increase; provide comprehensive reform................................................................................................... 247, 263
HB 291-- Georgia's Antidiscrimination Act of 2009; establish........................... 247, 263
HB 292-- Gambling; nonprofit organizations; noncash prizes; provisions............................................................................................. 247, 263

INDEX

6531

HB 293-- Gambling; coin operated amusement machines; revise definitions ............................................................................................ 248, 263
HB 294-- Technical college or institution; legislative approval for creation or discontinuation; require ............................................ 248, 263, 328, 415
HB 295-- The Jail and Prison Reimbursement Act; establish ..................... 257, 273, 286
HB 296-- Highway work zones; speeding; change certain provisions............................................................................................. 258, 286
HB 297-- Garden City, City of; create new charter .................................... 258, 286, 361, 363, 3890
HB 298-- Income tax; change certain definitions ................................................ 258, 286
HB 299-- Sales and use tax; change certain definitions ...................................... 259, 286
HB 300-- Student health; school provide certain information to guardians; require ....................................................................... 259, 286, 591, 1085, 3890
HB 301-- State Board of Technical and Adult Education; change name to State Board of the Technical College System of Georgia........................................................................................ 259, 286, 328, 472
HB 302-- Telecommunications; charge for third party service; change requirements ................................................................. 259, 286, 1056, 1232, 3890
HB 303-- Child abuse reports; access to records; solicitorsgeneral; authorize........................................................................ 260, 286, 592, 1945
HB 304-- County taxation; appraisers duties upon property; change certain provisions............................................................ 260, 286, 440, 1371, 4878, 5158
HB 305-- Insurance; group life policy coverage; remove participation requirement.......................................................... 260, 286, 1072, 2123
HB 306-- Bonds and recognizances; electronic pretrial release and monitoring; provisions.............................................................. 260, 286, 1268, 1851, 3890
HB 307-- Medicaid; federal financial participation; hospitals; impose fee ............................................................................................ 261, 286
HB 308-- Georgia Limited Liability Company Act; certain technical corrections; clarify provisions..................................... 261, 286, 592, 1374, 3893, 4119
HB 309-- Sales and use tax; water pollution eliminating machinery exemptions; change certain provisions .............................. 262, 286
HB 310-- State-wide recycling program; expand; provisions .................... 262, 286, 684, 2136, 4867

6532

INDEX

HB 311-- Georgia Higher Education Assistance Corporation; guaranteed educational loans; provide........................................ 262, 286, 328, 539
HB 312-- Financial institutions; S.A.F.E. Mortgage Licensing Act of 2008; incorporate provisions .................................................. 262, 286, 481, 1092, 3894, 4025
HB 313-- Quality Basic Education Act; calculating grade point averages; revise certain provisions ............................................. 279, 316, 392, 439, 2948, 4187
HB 314-- Palmetto, City of; ad valorem taxes; certain residents; provide homestead exemption .................................................... 280, 316, 361, 364, 6359
HB 315-- Real estate brokers; certain disclosures made in writing; require ....................................................................................... 280, 316, 1389, 1929, 3948, 4010
HB 316-- Local government storm water utility charges; exempt state government entities; provide ....................................................... 280, 317
HB 317-- Motorcycles; provisions requiring protective headgear; exempt certain persons......................................................................... 280, 317
HB 318-- Ad valorem tax; heavy-duty equipment vehicles; provide partial exemption ......................................................... 281, 317, 1219, 1860, 4965, 5111, 5116, 5331, 5355, 5624, 6185, 6367
HB 319-- Douglasville, City of; Redevelopment Powers Law; authorize...................................................................................... 281, 317, 361, 364, 3615
HB 320-- Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority................... 281, 317, 351, 430
HB 321-- Insurance Delivery Enhancement Act of 2009; enact .............. 282, 317, 1333, 2583, 6295, 6342
HB 322-- Douglas County; Redevelopment Powers Law; authorize...................................................................................... 282, 317, 361, 364, 3616
HB 323-- Death penalty cases; Supreme Court; pretrial proceedings; extend review period ........................................... 282, 317, 1872, 2647
HB 324-- State courts; require payment of costs of an appeal; provisions.................................................................................. 282, 317, 1389, 1939, 4187

INDEX

6533

HB 325-- Emergency medical services personnel applicants; fingerprinting and criminal background investigations; require ......................................................................................... 283, 317, 481, 1086
HB 326-- Licenses; hunting, fishing, and trapping; change certain provisions.................................................................................... 283, 316, 327, 416, 4201
HB 327-- Azalea International Folk Fair and Dance Competition; Georgia's Official International Festival; designate ................... 283, 316, 590, 2141
HB 328-- Personal property; limit storage fees for nonconsensually towed vehicles; provisions ....................................... 284, 316
HB 329-- Probated or suspended sentences; maximum period of revocation; change provisions .................................................... 284, 317, 461, 1333
HB 330-- Workers' compensation; decisions of administrative law judge and appellate division; change certain provisions ............ 284, 317, 644, 1248, 3553
HB 331-- Supreme Court and Court of Appeals; filing fees; change certain provisions............................................................ 285, 317, 462, 613
HB 332-- Board of examiners; expenses; change certain provisions................................................................................... 285, 317, 1241
HB 333-- Georgia Building Authority; exempt from certain sales and use tax; provisions................................................................ 285, 317, 481, 1863
HB 334-- Revenue and taxation; forms of payment; change certain provisions...................................................................... 285, 317, 1390, 2871, 3944
HB 335-- Revenue and taxation; comprehensive revision of provisions; provide ................................................................... 286, 317, 1390, 2874
HB 336-- Quality Basic Education Act; testing windows for state assessments; provide............................................................................ 306, 338
HB 337-- Public health system; career track program to recruit and retain nurses; require..................................................................... 307, 338
HB 338-- Taxable net income; AmeriCorps payments and awards; provide deduction ................................................................................ 307, 338
HB 339-- Mental health; competent adult to control directly or indirectly mental health care decisions; provisions ................... 307, 338, 2516
HB 340-- Property; prohibit sheriffs from turning out debtors or tenants in certain cases; provisions...................................................... 307, 338
HB 341-- Special license plates; Purple Heart; provisions.................................. 308, 338

6534

INDEX

HB 342-- Insurance; provide certain definitions; provisions..................... 308, 338, 1333
HB 343-- Public Safety, Department of; Motor Carrier Compliance Division; weight inspection; provide position........................................................................................ 308, 338, 481, 622, 3504
HB 344-- Probation; sentencing court; additional charge; authorize...................................................................................... 309, 338, 684, 1831, 1927, 4866, 5161
HB 345-- Teachers Retirement System of Georgia; five years of service; vested benefit; provisions....................................................... 309, 338
HB 346-- Prescription drugs; unused; health care facility; revise definition.............................................................................................. 309, 338
HB 347-- Sales and use tax; sales price; change definition ................................. 309, 338
HB 348-- Ad valorem tax; heavy-duty equipment motor vehicles; no tax except during year purchased; provide ..................................... 310, 338
HB 349-- Sales and use tax exemption; new construction of civil rights museum; provide .............................................................. 310, 338, 646, 2915, 4868
HB 350-- Inmates; access to medical services or hospital care; claiming exemptions by hospitals; provide .............................. 310, 338, 1260, 2965
HB 351-- Family-planning services; define certain terms; change certain provisions................................................................................. 311, 338
HB 352-- Alcoholic beverages; local authorization; Sunday sales; provisions............................................................................................. 311, 338
HB 353-- Alcoholic beverages; Georgia Alcoholic Beverages Code; change certain provisions.......................................................... 311, 338
HB 354-- Social services; transfer Division of Aging Services of the Department of Human Resources to Department of Aging; revise titles ............................................................................... 312, 338
HB 355-- Tobacco products; excise tax; change certain provisions......... 312, 338, 1873, 2890
HB 356-- Sales and use tax; method of collecting local taxes; revise substantially............................................................................... 312, 338
HB 357-- Court reporters; notice requirements regarding access; provisions............................................................................................. 313, 338
HB 358-- Sales and use tax; food for hunger and disaster relief; extend exemptions .................................................................... 313, 338, 1390, 2574, 4201
HB 359-- Sales and use tax; food sales to qualified food bank; extend exemption................................................................................. 313, 338

INDEX

6535

HB 360-- Sales and use tax; credit card issuers; certain gas or fuel sales; authorize refunds........................................................................ 314, 338
HB 361-- Safe Medications Practice Act; enact .................................................. 314, 338
HB 362-- Eminent domain; condemnation of property; municipal or county approval; require.................................................................. 314, 338
HB 363-- Georgia Trauma Care Network Commission; add a definition; revise certain provisions..................................................... 315, 338
HB 364-- Sales and use tax; airplane flight simulation training device; provide exemption........................................................ 315, 338, 1219, 2664, 4202
HB 365-- Sales and use tax; local option; transportation; special districts; provide .................................................................................. 315, 338
HB 366-- Metter-Candler County Airport Authority; minimum meeting requirements; modify provisions .................................. 315, 338, 461, 463, 1080
HB 367-- State parks and recreational areas; boat shelters on High Falls Lake; provide for permits................................................. 316, 338, 1295, 2626
HB 368-- Controlled substances; Schedule II, III, and IV; change certain provisions...................................................................... 330, 361, 1260, 1829, 4202
HB 369-- Pharmacy benefit manager; favor pharmacy prescription filling; provisions............................................................. 331, 361
HB 370-- Ethics in government; file disclosure reports electronically; State Ethics Commission; provisions .......................... 331, 361
HB 371-- Public Retirement Systems Investment Authority Law; large retirement systems; change authority ................................ 331, 361, 672, 1243, 4867, 5153
HB 372-- State court proceedings; first time; death sentence; change certain provisions........................................................... 331, 361, 1073
HB 373-- Forsyth County; Board of Education; election of members; provisions ................................................................... 332, 361, 461, 463, 688
HB 374-- Income tax; withholding tax; seller subject to documentation requirements; provide ....................................... 332, 361, 1219
HB 375-- Sales and use tax; obligation for payment by contractors; further define.................................................................... 332, 361
HB 376-- Telecommunications competition; Access Transition Fund; implement ........................................................................ 333, 361, 1056
HB 377-- Community Health, Department of; contracts; subject to open records act; provide..................................................................... 333, 361

6536

INDEX

HB 378-- Forsyth County; Board of Commissioners; elections; provisions.................................................................................... 333, 361, 461, 464, 688
HB 379-- Income tax; certain real estate investment trusts; disallow expenses paid; provisions........................................... 334, 361, 1390, 1961, 4868
HB 380-- Indigent and elderly patients; change certain definitions .................... 334, 361
HB 381-- Food; Georgia Food Act enforcement; change certain provisions.................................................................................. 334, 361, 1344, 1955
HB 382-- State purchasing; free market competition; provide............................ 335, 361
HB 383-- Bulloch County; board of elections and registration; create ........................................................................................... 335, 361, 461, 464, 1081
HB 384-- Maysville, Town of; councilmembers; change terms................. 335, 361, 461, 465, 1081
HB 385-- State Commission on Family Violence; date which commission cease to exist; repeal............................................. 336, 361, 1071, 1830
HB 386-- Pierce County; board of elections and registration; create ........................................................................................... 336, 361, 461, 465, 4137
HB 387-- Banking and finance; refund anticipation loans and checks; provide definitions .................................................................. 336, 361
HB 388-- Option of Adoption Act; enact ................................................. 336, 361, 1401, 2557, 4867, 5321
HB 389-- Motor carriers; persons under 21; illegal to possess or consume alcohol while being transported; provide information........................................................................................... 337, 361
HB 390-- Georgia Public Revenue Code; sale of tax receivables; provisions............................................................................................. 337, 361
HB 391-- Sales and use tax; required textbooks for accredited postsecondary institutes; provide exemption....................................... 337, 361
HB 392-- Plea discussions; guilty or nolo contendere; certain requirements; provisions...................................................................... 353, 402
HB 393-- Senoia, City of; municipal terms; provisions ............................. 354, 402, 461, 465, 6359
HB 394-- Student scholarship organizations; revise definition; provisions............................................................................................. 354, 402
HB 395-- Sales and use tax; personal property; construction of certain symphony halls; extend exemption............................... 354, 402, 1219, 2994, 4878

INDEX

6537

HB 396-- Drivers' licenses; driving record; uniform traffic citations; provisions .................................................................... 355, 402, 593, 1129, 6352
HB 397-- Brakes; surge brakes; update certain provisions....................... 355, 402, 1389, 2781
HB 398-- Mortgage lenders and brokers; escrow accounts; tax payments; provide method................................................................... 355, 402
HB 399-- County boards of equalization; property overvalued for tax purposes; provide remedy .............................................................. 356, 402
HB 400-- Building Resourceful Individuals to Develop Georgia's Economy Act; enact.................................................................. 356, 402, 1071, 1842
HB 401-- Sales and use tax; off-premises human consumption; remove exemption................................................................................ 356, 402
HB 402-- Season and bag limit; open seasons; change certain provisions............................................................................................. 356, 402
HB 403-- Insurance; anatomic pathology services; provide definitions ............................................................................................ 357, 402
HB 404-- Motor vehicles; taxicab and limousine; provide new definition...................................................................................... 357, 402, 593
HB 405-- Income tax; qualified equipment that reduces energy or water usage; provide for tax credits..................................................... 357, 402
HB 406-- Service delivery strategies; certain drinking water projects; funding limitation; provide exemption ........................ 358, 402, 591, 1090
HB 407-- Ad valorem tax; U.S. servicemembers killed in action; surviving spouses; increase homestead exemption.............................. 358, 402
HB 408-- Agreement Among the States to Elect the President by National Popular Vote; enact............................................................... 358, 402
HB 409-- Ad valorem tax; freeport exemption; change a definition.............................................................................................. 359, 402
HB 410-- Insurance; premium taxes for certain products; provide exemption; provisions............................................................... 359, 402, 1390, 2885, 3945
HB 411-- Insurance; group life policy insurance; remove participation requirement..................................................................... 359, 402
HB 412-- Insurance; certain health reimbursement arrangement only plans; approve for sale; authorize..................................... 359, 402, 1072, 2124
HB 413-- Public Officers and Employees; condition of employment; prohibition requires residence; provide exception.................................................................................... 360, 402, 2515
HB 414-- Civil practice; stay of discovery; provide.................................. 395, 460, 1389

6538

INDEX

HB 415-- Income tax; broadband or wireless telephone towers; tax credits; provisions .......................................................................... 396, 460
HB 416-- Wildlife; use of certain drugs on wildlife; regulate ................... 396, 460, 1295
HB 417-- Insurance; dispute; material not in English; provisions............ 396, 460, 1072, 2913
HB 418-- Property owners' associations; suspension of lot owners' payment obligations; provide .............................................................. 396, 460
HB 419-- Income tax credit; certain clean energy property; change certain provisions..................................................................... 397, 460
HB 420-- Handicapped persons; sport shooting ranges; wheelchair accessible; require ................................................... 397, 460, 1219
HB 421-- Governor; coastal areas of Georgia; drilling; provide ............... 397, 460, 1388
HB 422-- Uniform rules of the road; bicycles on sidewalks; local government; authorize ................................................................ 398, 460, 672, 1254
HB 423-- State Board of Education; home study student; dual enrollment program; provide ............................................................... 398, 460
HB 424-- Professions and business; review of regulatory entities; determine need for change; provide .................................................... 398, 460
HB 425-- Sales and use tax; deduction of bad debts; change provisions............................................................................................. 399, 460
HB 426-- Insurance; autism spectrum disorders; certain coverage; require .................................................................................................. 399, 460
HB 427-- Enterprise zone; certain criteria for pervasive property; provide ........................................................................................ 399, 460, 656, 1089, 3049
HB 428-- Human Resources, Department of; adopting a special needs child; financial assistance; provide.................................... 399, 460, 477
HB 429-- Family violence situations; protection for family pets; provide ....................................................................................... 400, 460, 1268
HB 430-- Constitutional Tender Act; enact ......................................................... 400, 460
HB 431-- Elbert County; office of chief magistrate; nonpartisan elections; provide................................................................................. 400, 460
HB 432-- Randolph County; Board of Education; organization and officers; provide ............................................................................ 400, 460
HB 433-- Stalking; violating family violence court order; provide a definition ........................................................................................... 442, 493
HB 434-- Athens-Clarke County Unified Government; ad valorem tax; school district; homestead exemption; provisions.................................................................................... 443, 493, 644, 647, 3504

INDEX

6539

HB 435-- Georgia Technology Authority; certain sales and use tax; exempt................................................................................ 443, 493, 1873, 2976
HB 436-- State government; Georgia Technology Authority; develop certain plans and reports; authorize .............................. 443, 493, 696, 1234, 3504
HB 437-- Warren County; probate court judge serve as chief magistrate; provide ..................................................................... 444, 493, 644, 647, 1308, 3045
HB 438-- Income tax; tax credits for qualified jobs and projects; comprehensive revision; provide .............................................. 444, 493, 1390, 1966, 4934, 5174
HB 439-- Income tax; credits; business enterprises; provide ................... 444, 493, 1873, 2648, 4934, 5077, 5327, 5354, 5624, 6203, 6367
HB 440-- Public utility and transportation; state government endorsed rideshare programs; provisions ................................. 444, 493, 1389, 2889, 4202
HB 441-- Sales and use tax; refund claims; expedited payment; provisions.................................................................................. 445, 493, 1390, 1975, 3894, 4081
HB 442-- Sales and use tax exemptions; eligible food and beverages; change certain provisions .................................................. 445, 493
HB 443-- Cost-of-Living Tax Fairness Act; enact .............................................. 445, 493
HB 444-- Revenue and taxation; certain tax return preparers; civil penalties and injunctive relief; provide..................................... 446, 493, 1390, 2881, 4202
HB 445-- Clayton County; office of sheriff transition; provide .......................... 446, 493
HB 446-- Taxation of motor vehicles; comprehensive revision; provide ................................................................................................. 446, 493
HB 447-- Taxation of motor vehicles; comprehensive revision; provide ................................................................................................. 446, 494
HB 448-- Sales and use tax exemptions; lottery tickets; repeal .......................... 447, 494
HB 449-- Clarke County; ad valorem tax; school district; homestead exemption; provisions............................................... 447, 494, 644, 648, 3504
HB 450-- Insurance companies; liability for refusal to pay covered loss; change provisions .......................................................... 447, 494
HB 451-- Commercial code; Uniform Commercial Code; conforming amendments; adopt ............................................... 448, 494, 1389, 2821

6540

INDEX

HB 452-- Retirement and pensions; postretirement benefit adjustment; provide statement of legislative intent .................. 448, 494, 1055, 1864, 3945
HB 453-- Superior courts; sunset dates for property filing fees; change ....................................................................................... 448, 494, 1389, 2860, 4967
HB 454-- Driver clinics and programs; assessment fees for approved programs; increase ..................................................... 448, 494, 1958
HB 455-- Elementary and secondary education; annual contracts for certified personnel; extend certain deadlines; provisions.................................................................................. 449, 494, 1388, 2615, 4967, 5183
HB 456-- Secondary metals recyclers; provide definitions; metal theft; provisions ................................................................................... 449, 494
HB 457-- Disabled adults and elder persons; revise definition; acts in long-term care facilities unlawful; provide ................... 449, 494, 1260, 2917, 4204, 4903, 4964, 5073, 5329, 5566, 6367
HB 458-- Sales and use tax; collecting local taxes; revise substantially ......................................................................................... 449, 494
HB 459-- Fulton County; Board of Education; system for pensions and retirement pay; provisions................................... 450, 494, 1880, 1882, 3891
HB 460-- Buildings and other structures; Section 8 Housing Choice Voucher Program; give notice; provide .......................... 450, 494, 696
HB 461-- Ad valorem tax; homestead exemption; provisions............................. 451, 494
HB 462-- Ad valorem tax exemption; certain charitable institutions; revise and change............................................................. 451, 494
HB 463-- Georgia Judicial Retirement System; creditable service; member of General Assembly; provisions .......................................... 451, 494
HB 464-- Conditions of detention; certain medical costs; deductions from inmate account; modify provisions ................. 451, 494, 684, 1326, 4204, 4911
HB 465-- Peace Officers' Annuity and Benefit Fund; revenues from fines and fees; employer contribution; provide ................. 452, 493, 672, 1329
HB 466-- State income tax; federal reserve banks in Georgia shall not be exempt; provide ........................................................................ 452, 493
HB 467-- Employees' Retirement System of Georgia; certain gender designation; change.................................................................. 452, 493
HB 468-- Income tax; taxation of corporations; change certain provisions............................................................................................. 453, 493

INDEX

6541

HB 469-- Sales and use tax; county and municipal; change certain provisions............................................................................................. 453, 493
HB 470-- Municipal Option Sales Tax for Transportation; enact ....................... 453, 493
HB 471-- Sales and use tax exemption; tangible personal property to government grantee; provisions....................................................... 453, 493
HB 472-- Employees' Retirement System of Georgia; employer contributions; paid to counties; provide .............................................. 454, 493
HB 473-- State government; grants for clean energy property; provisions.................................................................................. 454, 493, 1388, 1941, 4966, 5294
HB 474-- PeachCare for Kids Program; increase eligibility limit; provisions............................................................................................. 454, 493
HB 475-- Nurses; education programs for licensure; revise requirements; provisions........................................................... 454, 493, 1389, 2540, 2968, 4204, 4914
HB 476-- Public retirement systems; reform certain features; provisions.................................................................................... 455, 493, 672, 1330, 4204, 4893
HB 477-- Retirement and pensions; creditable service; application requirement; remove ................................................................... 455, 493, 672, 1331, 4967
HB 478-- Municipal courts; judges to be attorneys; require...................... 455, 493, 1071
HB 479-- Sales and use tax exemption; certain regional information technology authorities; provide ....................................... 456, 494
HB 480-- Taxation of motor vehicles; comprehensive revision; provisions.................................................................................. 456, 494, 1873, 2589
HB 481-- Jobs, Opportunity, and Business Success Act of 2009; enact .......................................................................................... 456, 494, 1390, 1414, 1873, 2564, 3894, 4127, 4182, 4185, 4205, 5547, 6222
HB 482-- Ad valorem tax exemption; property constituting the inventory of a business; provide ............................................... 457, 494, 1390, 2572, 3891
HB 483-- Ad valorem tax; modernization and revisions of certain provisions; provide ................................................................... 457, 494, 1390, 2126
HB 484-- HOPE scholarships and grants; dependent children of military personnel; provide....................................................... 457, 494, 1390, 1978, 3891

6542

INDEX

HB 485-- Improved Taxpayer Customer Service Act of 2009; enact .......................................................................................... 458, 494, 1390, 1979, 4967, 5116, 6358
HB 486-- Superior Court Clerks' Retirement Fund of Georgia; not entitled credit for service after July 1, 2010; provisions ..................... 458, 494
HB 487-- Superior Court Clerks' Retirement Fund of Georgia; increase employee contribution; provisions ............................... 458, 494, 672, 1834, 4966, 5300
HB 488-- Superior Court Clerks' Retirement Fund of Georgia; eligibility criteria for creditable service; provide ....................... 459, 494, 672, 1835, 4968
HB 489-- Insurance; diagnosis and treatment of infertility; require coverage ............................................................................................... 485, 589
HB 490-- General Assembly; committees; witnesses and documents; authorize ........................................................................... 485, 589
HB 491-- Solid waste disposal facilities; surcharge; increase ............................. 485, 589
HB 492-- Time-share projects and programs; private residence clubs; provide definitions ......................................................... 486, 589, 1268, 2861, 4966, 5186
HB 493-- Georgia Youth Conservation Corps; creation and purposes of the corps; change certain provisions ..................... 486, 589, 1871, 2972
HB 494-- Drivers' licenses; driving while license suspended or revoked; change certain provisions ..................................................... 486, 589
HB 495-- Probate courts; associate probate court judges; provisions.................................................................................. 487, 589, 1401, 2540, 3949, 4005
HB 496-- City of Woodstock Community Improvement District Act of 2009; enact....................................................................... 487, 589, 644, 648, 3505
HB 497-- Secondary metals recyclers; vehicles used to transport stolen metals; provide forfeiture .......................................................... 487, 590
HB 498-- Ad valorem tax; foreclosure sales; determination of fair market value; provide .......................................................................... 459, 494
HB 499-- Stone Mountain Memorial Association; certain property purchased; provide tax exemption ....................................................... 460, 494
HB 500-- Sales and use tax; taxability of all telephone service; remove limitation................................................................................. 460, 494
HB 501-- Educational programs; placement and promotion policies for grades one, two, four, six, and seven; provisions............................................................................................. 488, 590

INDEX

6543

HB 502-- Athens-Clarke County Unified Government; municipal courts; provisions........................................................................ 488, 590, 644, 649, 4284, 4951
HB 503-- Teacher Access to Resources Act; enact ............................................. 488, 590
HB 504-- Hazardous waste; disposition of certain medical sharps waste; provisions.................................................................................. 489, 590
HB 505-- Sheriff's service fees; serving and dispossessing certain tenants and intruders; increase fees ..................................................... 489, 590
HB 506-- Motor vehicles; period which late registration penalty not entered; provide ............................................................................. 489, 590
HB 507-- Sales and use tax exemption; certain health information technologies; change certain provisions .............................................. 489, 590
HB 508-- Stop Mortgage Foreclosure Rescue Fraud Act of 2009; establish ............................................................................................... 490, 590
HB 509-- Professions and businesses; regulation; change provisions.................................................................................... 490, 589, 643, 2667, 4966, 5188
HB 510-- General Assembly; committees; issuance of subpoenas; provisions............................................................................................. 490, 589
HB 511-- Georgia Crime Information Center; criminal records; change provisions ................................................................................ 491, 589
HB 512-- Georgia Lottery Corporation; Board of Directors; revise composition.......................................................................................... 491, 589
HB 513-- Motor fuel and road tax; inspections; definitions; change certain provisions..................................................................... 491, 589
HB 514-- Judicial system; assignment of senior judges; provide for provisions ............................................................................ 582, 642, 1073, 1320, 5352, 5569, 5582, 6199, 6221, 6278, 6329, 6330
HB 515-- Municipal corporation; special district tax; create............................... 582, 642
HB 516-- Industrialized buildings; comply with local ordinances and resolutions; provisions ....................................................... 583, 642, 2110, 2537, 2865
HB 517-- Revenue and taxation; method of assessing real property; comprehensive revision........................................................ 583, 642
HB 518-- Geneva, City of; designate town center; provide...................... 584, 642, 1072, 1075, 6360
HB 519-- Income tax credit; qualified water and energy efficient product expenses; provisions............................................................... 584, 642
HB 520-- Ad valorem tax; motor vehicles; certain disabled veterans; provide partial exemption..................................................... 584, 642

6544

INDEX

HB 521-- Serious illness; system of prevention; add certain genetic conditions ................................................................................ 584, 642
HB 522-- Peace officers; investigation of applicant's moral character; change certain provisions.................................................... 585, 642
HB 523-- Prescription drugs; brand necessary indication applies to refills; provisions .................................................................. 585, 642, 1260, 1959, 2538, 2606
HB 524-- Education; compulsory attendance; provisions ................................... 585, 642
HB 525-- Safety belts; passenger vehicles; change certain provisions............................................................................................. 586, 642
HB 526-- Board of Nursing; periodic reports to General Assembly; provide ............................................................................... 586, 642
HB 527-- Road systems; asbestos pipe; authorize procedures .................. 586, 642, 2517
HB 528-- Specialized land transactions; developers provide audits to home and condominium owners; require ............................. 586, 642, 1335, 5164, 5317
HB 529-- Agriculture; preempt certain local ordinances; provisions.................................................................................. 587, 642, 2614, 4205, 4907, 5011, 5111, 5328, 5375, 6367
HB 530-- Motor vehicles; regulate medium-speed vehicles; provisions................................................................................... 587, 642, 1389
HB 531-- Air quality; facilities emitting pentachlorophenol; emissions limitations; provisions......................................................... 587, 642
HB 532-- Speed detection devices; inadmissibility of evidence; remove restriction ................................................................................ 588, 642
HB 533-- Drivers' licenses; examinations; only in English language; provide................................................................................. 588, 642
HB 534-- Newton County; Industrial Development Authority; rights and privileges; provide ................................................... 632, 683, 1072, 1075, 3049
HB 535-- Georgia Fire Safety; sale of novelty cigarette lighters; prohibit................................................................................................. 633, 683
HB 536-- Family violence and stalking protective order registry; repeal article......................................................................................... 633, 683
HB 537-- Charter schools; charter requirements; change a provision .............................................................................................. 633, 683
HB 538-- Drivers' licenses; licensed defensive driving courses; provisions............................................................................................. 633, 683
HB 539-- Douglas County; Board of Commissioners; member residency qualifications; provide.............................................. 634, 683, 1072, 1075, 4276

INDEX

6545

HB 540-- Elections; remove references to ballot cards; provisions ......... 634, 683, 1337, 2630
HB 541-- Tennille, City of; provide new charter...................................... 634, 683, 1072, 1075, 4137
HB 542-- Public School Employees Retirement System; maximum allowable benefit; increase ................................................. 634, 683
HB 543-- Athletic trainers; athletic injury; amend definition.............................. 635, 683
HB 544-- Records and hearings; sharing of confidential information; provide .................................................................. 635, 683, 1401
HB 545-- Commencement and service of civil actions; service of process; revise provisions ......................................................... 635, 683, 1389, 2949
HB 546-- Retirement and pensions; Georgia Firefighters' Pension Fund; define certain terms; provisions ................................................ 636, 683
HB 547-- Quality Basic Education Act; preparatory tests for college entrance exams; provide................................................ 636, 683, 1388
HB 548-- Elections; conduct at polling places; text messaging or mobile devices; prohibit....................................................................... 636, 683
HB 549-- Elections; registration of voters; provisions ............................. 637, 683, 1872, 2960, 5357, 6149
HB 550-- Insurance; mutual life insurer; additional method of payment; provide ...................................................................... 637, 683, 1261, 1933, 3895, 4024
HB 551-- Ethics in Government Act; filing campaign reports; change certain provisions..................................................................... 637, 683
HB 552-- Water well standards; contractors or drillers; change certain provisions...................................................................... 637, 683, 1390, 1931, 3945
HB 553-- Local Government Equipment Financing Authority Act; create ......................................................................................... 638, 683, 1400, 2974, 3949, 4093
HB 554-- Drivers' licenses; suspended or revoked; clarify a defense ................................................................................................. 638, 683
HB 555-- Charter schools; use of surplus property; revise certain provisions.................................................................................. 638, 683, 1388, 2138, 3945
HB 556-- Economic Development, Department of; program to provide certain grants to small businesses; establish........................... 639, 683
HB 557-- Jackson County; Airport Authority; appointment of members; change ...................................................................... 639, 683, 1072, 1076, 4277
HB 558-- Annexation of territory; deannexation; repeal certain provisions................................................................................... 639, 683, 1879

6546

INDEX

HB 559-- Public Service Commission; election of members; provide ................................................................................................. 639, 683
HB 560-- Contracting and bidding; health insurance for employees; provide .............................................................................. 640, 683
HB 561-- Pike County; Recreation Authority; change name to Pike County Parks and Recreation Authority; provisions.................................................................................. 640, 683, 1072, 1076, 4277
HB 562-- Pike County; Pike Clean and Beautiful Authority; change certain provisions.......................................................... 640, 683, 1072, 1076, 4277
HB 563-- Randolph County; Board of Education; organization and officers; provisions............................................................. 641, 683, 1072, 1077, 1923
HB 564-- Nicholson, City of; provide new charter................................. 674, 1070, 1295, 1299, 3505
HB 565-- Commission for the Blind and the Visually Impaired Act; enact ........................................................................................... 675, 1070
HB 566-- Blind Persons' Braille Literacy Rights and Education Act; enact ........................................................................................... 675, 1070
HB 567-- Crime Victims' Bill of Rights; rights of crime victims; change certain provisions................................................................... 675, 1070
HB 568-- Public Service Commission; members shall represent entire state; provisions ............................................................ 676, 1070, 1870, 2770, 2773
HB 569-- Elections; identification of campaign communications; provide certain requirements ............................................................. 676, 1070
HB 570-- Hunting; permits to kill deer; damage to crops; change certain provisions............................................................................... 676, 1070
HB 571-- Sexual offenders; classification; change and enact provisions........................................................................................... 676, 1070
HB 572-- Drivers' licenses; felony offense demarcated on driver's license; provisions.............................................................................. 677, 1070
HB 573-- Carrying weapons; school safety zones; provide punishment......................................................................................... 677, 1070
HB 574-- Stalking cases; protection orders; include animals; allow................................................................................................... 678, 1070
HB 575-- Kidnapping; change certain provisions .................................. 678, 1070, 1296, 2776, 2779, 5352, 5618
HB 576-- Elementary and secondary education; mandatory attendance; revise certain provisions ................................................. 678, 1070

INDEX

6547

HB 577-- Bryan County; Board of Education; compensation of members; provide ................................................................... 678, 1070, 1295, 1299, 3505
HB 578-- Wells and drinking water; permits to use ground water; change certain provisions................................................................... 679, 1070
HB 579-- Contractors; eligibility for licensure; provide......................... 679, 1070, 1873, 2943
HB 580-- Venue; uniform venue provisions; provide ....................................... 679, 1070
HB 581-- Georgia Works Job Creation and Protection Act of 2009; enact.............................................................................. 679, 1070, 1400, 2545, 4204, 5131
HB 582-- Sexual offenses; minimum age for prosecution; mandate.............................................................................................. 680, 1070
HB 583-- Valdosta, City of; revise corporate limits; provide................. 680, 1070, 1295, 1299, 6360
HB 584-- Mitchell County; vehicle registration period; specify ............ 680, 1070, 1295, 1300, 3049
HB 585-- Black Market Cigarette Act; enact .................................................... 681, 1070
HB 586-- Air facilities; procedure to acquire property for airport; provisions........................................................................................... 681, 1070
HB 587-- County boards of tax assessors; appeal of assessments; comprehensive revision ..................................................................... 681, 1070
HB 588-- Broxton, City of; filling vacancies; revise method............... 1058, 1218, 1295, 1300, 3506
HB 589-- Pearson, City of; filling vacancies; revise method ............... 1059, 1218, 1295, 1300, 3506
HB 590-- Ambrose, City of; filling vacancies; revise method ............. 1059, 1218, 1295, 1300, 3506
HB 591-- Douglas, City of; filling vacancies; revise provisions.......... 1059, 1218, 1295, 1301, 4137
HB 592-- Nicholls, Town of; filling vacancies; revise manner ............ 1059, 1218, 1295, 1301, 3506
HB 593-- Denton, City of; filling vacancies; revise manner ................ 1060, 1218, 1295, 1301, 4137
HB 594-- Willacoochee, City of; filling vacancies; revise method...... 1060, 1218, 1295, 1301, 3506
HB 595-- Contractors; disclosures upon discovery of defect; provisions......................................................................................... 1060, 1218
HB 596-- Woodstock, City of; levy an excise tax; authorize ............... 1060, 1218, 1295, 1302, 3507
HB 597-- Water well contractors or drillers; inject surface water into floridan aquifer; change certain provisions .............................. 1061, 1218

6548

INDEX

HB 598-- Lumpkin, City of; provide new charter ................................ 1061, 1218, 1295, 1302, 6360
HB 599-- Gwinnett County; Board of Education; election of members; provide ............................................................................ 1061, 1218
HB 600-- Prosecuting attorneys; state's rights to appeal in criminal cases; provisions................................................................ 1062, 1218
HB 601-- Courts; recusal of certain judges; provisions................................... 1062, 1218
HB 602-- State Public Safety Monitoring Act; establish................................. 1062, 1218
HB 603-- Game and fish; taking of nongame species; change certain provisions............................................................................. 1063, 1218
HB 604-- Sale of malt beverages; consumption on and off the premises; provisions ........................................................................ 1063, 1218
HB 605-- Transforming Transportation Investment Act; enact......................... 683, 1070
HB 606-- Animal protection; methods for euthanasia; training; provide ............................................................................................. 1063, 1218
HB 607-- Public Safety, Department of; Board of Public Safety; change certain provisions...................................................... 1063, 1218, 1296, 2784, 3892
HB 608-- Time-share projects; estate shall include certain interests; provisions .............................................................. 1064, 1218, 1401, 2862, 5011
HB 609-- Private ways; grant up to 30 feet; provide ....................................... 1064, 1218
HB 610-- Nurses; requirements for nursing education programs; revise ................................................................................................ 1064, 1218
HB 611-- Sexual offenses; sexual assault against a person under care or supervision; provisions ........................................................ 1065, 1218
HB 612-- Drivers' licenses; following a five-year revocation or suspension; certain conditions met; provisions ............................... 1065, 1218
HB 613-- Counties and municipalities; nonexclusive franchise agreements; provisions .................................................................... 1065, 1218
HB 614-- Georgia Prescription Monitoring Program Act; enact.......... 1065, 1218, 1389, 2785
HB 615-- Firearms; carrying of concealed weapons; revise laws; provisions......................................................................................... 1066, 1218
HB 616-- Juvenile proceedings; admit general public to hearings; provisions......................................................................................... 1066, 1218
HB 617-- Motorcycles; intersection controlled by traffic-control signal; provide for operation.................................................. 1067, 1218, 1389
HB 618-- Wilcox County; Board of Commissioners; staggered elections; provide.................................................................. 1067, 1218, 1295, 1302, 6360

INDEX

6549

HB 619-- Probation; County and Municipal Probation Advisory Council; repeal creation ................................................................... 1067, 1218
HB 620-- State highway system; Roadside Enhancement and Beautification Council; change certain provisions .......................... 1204, 1294
HB 621-- Income tax credit; 5 percent of federal Earned Income Credit claimed; provisions ............................................................... 1205, 1294
HB 622-- County and Municipal Probation Advisory Council; certain limitations; clarify...................................................... 1068, 1218, 1880
HB 623-- Actions against the state; reduce cap on damages; provide ............................................................................................. 1069, 1218
HB 624-- Ashburn, City of; levy an excise tax; authorize.................... 1205, 1294, 1400, 1403, 4277
HB 625-- State House districts; election of Representatives; provisions......................................................................................... 1205, 1294
HB 626-- Dawson County; levy an excise tax; authorize..................... 1206, 1294, 1400, 1403, 3049
HB 627-- Georgia Foreclosed Property Upkeep Act; enact ............................ 1206, 1294
HB 628-- Brunswick-Glynn County; Joint Water and Sewer Commission; create............................................................... 1206, 1294, 1400, 1403
HB 629-- Tybee Island, City of; four-year, staggered terms; provide .................................................................................. 1206, 1294, 1400, 1404, 3946
HB 630-- Harlem, City of; mayor counted in a quorum; provisions.............................................................................. 1207, 1294, 1400, 1404, 3015
HB 631-- Vehicles; all shall be driven on right side of roadway; certain exceptions; provide .............................................................. 1207, 1294
HB 632-- White County; levy an excise tax; authorize ........................ 1207, 1294, 1400, 1404, 3946
HB 633-- Alpharetta, City of; ad valorem taxes; municipal purposes; increase homestead exemption............................. 1207, 1294, 2516, 2520, 3616
HB 634-- Dropout Deterrent Act; enact........................................................... 1208, 1294
HB 635-- Kennesaw, City of; corporate city limits; change provisions.............................................................................. 1208, 1294, 1400, 1404, 6360
HB 636-- Financial institutions; protection of aged or incapacitated adults; provisions....................................................... 1208, 1294
HB 637-- Jefferson County Utilities Authority Act; enact ................... 1208, 1294, 1400, 1405
HB 638-- Helen, City of; levy an excise tax; authorize........................ 1209, 1294, 1400, 1405, 3050

6550

INDEX

HB 639-- Special license plates; Georgia Aquarium; provisions ......... 1209, 1294, 1389, 2963, 4992, 5289
HB 640-- Regional commissions; change to regional development centers; revision of provisions ......................................................... 1209, 1295
HB 641-- Gambling; pari-mutuel betting on horse and dog races; authorize........................................................................................... 1210, 1295
HB 642-- Columbus, City of; levy an excise tax; authorize ................. 1210, 1295, 1400, 1405, 4993
HB 643-- Columbus, City of; county-wide government; meeting requirements; provide ........................................................... 1210, 1295, 1400, 1406, 6361
HB 644-- Major Airport Operations Act; create.............................................. 1211, 1295
HB 645-- Tax executions; collection of costs; change certain provisions......................................................................................... 1211, 1295
HB 646-- Dooly County; Magistrate Court; law library fee; establish ................................................................................ 1211, 1295, 3048, 3494, 3496, 4993
HB 647-- University System of Georgia; report institutional profile information; require ............................................................. 1212, 1295
HB 648-- Fulton County; Board of Commissioners; duties of chairperson; provide ........................................................................ 1212, 1295
HB 649-- Quality Basic Education Formula; no voucher enforced unless funded by General Assembly; provide ................................. 1212, 1294
HB 650-- Retired teachers; speech-language pathologist; return full-time; provisions......................................................................... 1212, 1294
HB 651-- Sexual offenders; information to schools on accessing registry; revise certain provisions.................................................... 1213, 1294
HB 652-- Douglas Judicial Circuit; superior court judges; supplement paid; change....................................................... 1213, 1294, 1400, 1406, 4278
HB 653-- Douglas County; compensation of coroner; change............. 1213, 1294, 1400, 1406, 4278
HB 654-- Douglas County; State Court; addition of second judge; delay...................................................................................... 1214, 1294, 1400, 1407, 4278
HB 655-- Income taxes; net capital gains excluded from state taxable income; provide................................................................... 1283, 1399
HB 656-- Religious organizations; qualify as a self-insurer; provisions......................................................................................... 1284, 1399
HB 657-- Candler County; Board of Commissioners; authority of board; change........................................................................ 1284, 1399, 1880, 1914, 3050

INDEX

6551

HB 658-- Dooly County; board of elections and registration; create ..................................................................................... 1284, 1399, 1880, 1914, 4993
HB 659-- Johns Creek, City of; adoption of ordinances; certain restrictions; provide .............................................................. 1285, 1399, 3605, 3609, 6361
HB 660-- Candler County Board of Commissioners; advisory referendum; provisions ......................................................... 1285, 1399, 1880, 1914, 3050
HB 661-- Alcoholic beverages; Regional Economic Assistance Projects; retail license; provide........................................................ 1285, 1399
HB 662-- State government; police duties in Capitol Square; Department of Public Safety; reimburse............................... 1285, 1399, 1872, 2863, 4202
HB 663-- Nuisances and torts; product liability causes of actions; change provisions ............................................................................ 1286, 1399
HB 664-- Redevelopment Powers Law; tax allocation increments; administrative body consent; provide.............................................. 1286, 1399
HB 665-- Elections; 2010 pilot program; electronic transmission of absentee ballots; provisions......................................................... 1286, 1399
HB 666-- Eatonton-Putnam Water and Sewer Authority; composition of authority; change certain provisions............ 1287, 1399, 1880, 1915, 3946
HB 667-- Hospital acquisition; notice to Attorney General; change certain provisions...................................................... 1215, 1294, 2516, 2946, 4203
HB 668-- Elementary and secondary education; local board reassign bullying student; authorize ................................................ 1287, 1399
HB 669-- Outdoor sports activities; engaging while under the influence; prohibit............................................................................ 1287, 1399
HB 670-- Clayton-Rabun County; Water and Sewer Authority; membership; provisions........................................................ 1288, 1399, 1880, 1915, 3507
HB 671-- State offices; accrual of leave during a furlough period; provide ............................................................................................. 1288, 1399
HB 672-- Whitfield County; board of commissioners; insurance coverage for former members; provide ................................ 1288, 1399, 1880, 1915, 6361
HB 673-- Financial institution; check cashing fee; not eligible to serve as state depository; provide .................................................... 1215, 1294
HB 674-- Bingo games; limits on amounts of prizes; remove ............. 1215, 1294, 1959, 2977
HB 675-- Polysomnography Practice Act; enact ................................... 1289, 1399, 2515

6552

INDEX

HB 676-- General Assembly; House Committee on Information and Audits; secure witnesses and documents; authorize ................. 1289, 1399
HB 677-- Lottery for education; prerequisites prior to employees receiving compensation; provide ..................................................... 1216, 1294
HB 678-- Talbot County; board of elections and registration; create ..................................................................................... 1216, 1294, 1400, 1407, 3015, 3547
HB 679-- Violent offenders; good behavior credit days; provide ................... 1216, 1294
HB 680-- Education, Department of; develop model program for performing arts; provisions.............................................................. 1216, 1294
HB 681-- Prescription drugs; substitution of generic drugs; change certain provisions................................................................. 1217, 1294
HB 682-- Byron, City of; city administrator; provide .......................... 1290, 1399, 1880, 1916, 3050
HB 683-- Municipal corporations; immunity from liability for damages; provisions......................................................................... 1290, 1399
HB 684-- State government; public access to public records; revise and restate provisions............................................................ 1290, 1399
HB 685-- Manchester Public Utilities Authority Act; enact................. 1291, 1399, 2516, 2520, 3507
HB 686-- Worth County; board of elections and registration; create ..................................................................................... 1291, 1399, 1880, 1916, 4278
HB 687-- Henry County; Board of Elections and Registration; membership; provide ............................................................ 1291, 1399, 1880, 1916, 3507
HB 688-- Henry County; Magistrate Court; chief magistrate; provide .................................................................................. 1291, 1399, 1880, 1917, 3508
HB 689-- Henry County; State Court; solicitor-general; provisions .... 1292, 1399, 1880, 1917, 3508
HB 690-- Roopville, Town of; sale of liquors; repeal certain provisions.............................................................................. 1393, 1879, 2516, 2521, 4279
HB 691-- Energy purchase; solar photovoltaic energy; exclude ..................... 1394, 1879
HB 692-- Uniform rules of the road; securing live animals in motor vehicles; require .................................................................... 1394, 1879
HB 693-- Water pollution; Adopt a Water Body program; provide................ 1394, 1879
HB 694-- Georgia Sports Hall of Fame Authority; composition; revise ................................................................................................ 1394, 1879
HB 695-- Catoosa County Public Works Authority; change composition........................................................................... 1395, 1879, 2516, 2521, 4279

INDEX

6553

HB 696-- St. Marys Convention and Visitors Bureau Authority; additional members; provide ................................................ 1395, 1879, 2516, 2521, 3946
HB 697-- Lottery games; use of electronic and mechanical devices; limit use ............................................................................. 1395, 1879
HB 698-- Elementary and secondary education; genetically modified or processed foods; prohibit use....................................... 1396, 1879
HB 699-- Livestock; National Animal Identification System; no owner required to participate; provide............................................. 1396, 1879
HB 700-- Georgia Education Authority; Georgia State Financing and Investment Commission construction services; provide utilization ................................................................. 1293, 1399, 1959, 2993
HB 701-- Americus and Sumter County Hospital Authority; members; provide ................................................................. 1293, 1399, 1880, 1917, 3616
HB 702-- Elderly persons; offense of cruelty includes exploitation; provisions ................................................................... 1293, 1399
HB 703-- County property; granted first right to purchase condemned property; provide ................................................ 1294, 1399, 1871
HB 704-- Local boards of education; establish policy to wear school uniforms; require .................................................................. 1396, 1879
HB 705-- College Park, City of; levy an excise tax; authorize............. 1396, 1879, 2516, 2522
HB 706-- Lawrenceville, City of; levy an excise tax; authorize........... 1397, 1879, 3539, 3541, 4279
HB 707-- Sales and use tax exemption; ammunition and ammunition components; provide ................................................... 1397, 1879
HB 708-- Controlled substances; food product bearing name of Schedule II substance; unlawful to sell ........................................... 1875, 2514
HB 709-- Port Wentworth, City of; council districts; provide ............. 1876, 2514, 3010, 3012, 4994
HB 710-- South Georgia Regional Information Technology Authority; change certain provisions.................................... 1876, 2514, 3010, 3011, 3539, 3541, 4994
HB 711-- Toombs County; board of elections and registration; create ..................................................................................... 1876, 2514, 3010, 3012, 4138
HB 712-- Warner Robins, City of; levy an excise tax; authorize ......... 1877, 2514, 3010, 3013, 3947
HB 713-- Perry, City of; levy an excise tax; authorize......................... 1877, 2514, 3010, 3013, 3947

6554

INDEX

HB 714-- Norcross, City of; mayor and city councilmembers; change terms ......................................................................... 1877, 2514, 3494, 3497, 4994
HB 715-- Norcross, City of; levy an excise tax; authorize ................... 1877, 2514, 3494, 3497, 4994
HB 716-- Buildings; Section 8 Housing Choice Voucher Program; owner give notice; provide .................................... 1397, 1879, 2501
HB 717-- Local government; automatic extension of service delivery strategy agreements; provide ............................................. 1398, 1879
HB 718-- Fulton County; employee benefits made available to judges; provide...................................................................... 1878, 2514, 3064, 3066, 4279
HB 719-- Planning and Budget, Office of; tax expenditure review as part of budget report; require....................................................... 1878, 2514
HB 720-- West Point, City of; Redevelopment Powers Law; authorize................................................................................ 2508, 3009, 3041, 3043, 4280
HB 721-- Ochlocknee, Town of; provide new charter ......................... 2509, 3009, 3064, 3066, 3892
HB 722-- Clayton County; levy an excise tax; authorize ..................... 2509, 3009, 3041, 3043, 4280
HB 723-- Columbia County; members of board of elections; revise term limitations .......................................................... 2509, 3009, 3041, 3043, 4138
HB 724-- Alto, Town of; reincorporate and provide new charter ........ 2509, 3009, 3041, 3044, 6362
HB 725-- Johnson County; reapportionment or redistricting; provide .................................................................................. 2510, 3009, 3041, 3044, 4280
HB 726-- Johnson County; reapportion or redistrict; provide.............. 2510, 3009, 3041, 3044, 4138
HB 727-- MARTA; administration or collection of retail sales and use tax; provide................................................................................ 2510, 3009
HB 728-- Greene County Airport Authority; reimbursement of members; change .................................................................. 2511, 3009, 3041, 3045, 3947
HB 729-- Delinquent child; protective order for victims of acts of delinquency; provisions ................................................................... 2511, 3009
HB 730-- Henry County; require board members to resign; repeal certain provisions.................................................................. 2511, 3009, 3494, 3497
HB 731-- Charlton County; nonpartisan elections; provide ............................ 2511, 3009

INDEX

6555

HB 732-- Ware County, Board of Education; citizens right to address board; provide .......................................................... 2512, 3009, 3041, 3042
HB 733-- Charlton County; nonpartisan elections; provide ............................ 2512, 3009
HB 734-- Waycross, City of; citizens right to address city commissioners; provide ........................................................ 2512, 3009, 3494, 3497, 4138
HB 735-- Ware County; citizens right to address commissioners; provide .................................................................................. 2513, 3009, 3064, 3067, 4139
HB 736-- Elementary and secondary education; provide information concerning human papillomavirus; require ................. 3004, 3039
HB 737-- Norman Park, City of; provide new charter.......................... 3004, 3039, 3064, 3067, 3892
HB 738-- Law enforcement officers and agencies; quotas for purpose of raising revenue; prohibit ...................................... 3004, 3039, 3927
HB 739-- Employees' Retirement System of Georgia; Prosecuting Attorneys' Council; membership service; provide........................... 3005, 3039
HB 740-- Retirement and pensions; election to participate in Regents Retirement Plan; revocable at will..................................... 3005, 3040
HB 741-- Washington County Public Facilities Authority Act; enact ...................................................................................... 3005, 3040, 3064, 3067, 4139
HB 742-- Surgical or medical treatment; additional persons authorized to consent to treatment; provisions ................................ 3006, 3040
HB 743-- Clayton County School System; ethics commission; revise provisions ................................................................... 3006, 3040, 3064, 3068, 4992, 6195
HB 744-- Baker County; board of elections and registration; create ..................................................................................... 3007, 3040, 3064, 3068, 6362
HB 745-- Dublin, City of; corporate limits of city; change.................. 3007, 3040, 3064, 3069, 4139
HB 746-- Loganville, City of; mayor and city councilmembers; change the terms ................................................................... 3007, 3040, 3064, 3069, 4995
HB 747-- Bleckley County; employment of certified accountant; authorize................................................................................ 3008, 3040, 3064, 3069, 6362
HB 748-- Cartersville, City of; levy an excise tax; authorize............... 3033, 3064, 3494, 3498

6556

INDEX

HB 749-- Montgomery County Board of Commissioners; meet at certain time monthly; provide............................................... 3034, 3064, 3494, 3498, 4995
HB 750-- Bartow County; levy an excise tax; authorize ................................. 3034, 3064
HB 751-- Wilcox County Board of Education; staggered terms for members; provisions ............................................................. 3034, 3064, 3494, 3498, 4139
HB 752-- Pulaski, Town of; number of councilmembers; reduce........ 3034, 3064, 3494, 3499, 3892
HB 753-- Pike County; ad valorem tax; provide homestead exemption.............................................................................. 3035, 3064, 3494, 3499
HB 754-- Oak Park, Town of; municipal court; provisions ................. 3035, 3064, 3494, 3499, 3893
HB 755-- Telfair County; Board of Commissioners; districts; provisions.............................................................................. 3035, 3064, 3494, 3500, 4140
HB 756-- Lowndes County Board of Commissioners; powers and composition; provisions........................................................ 3008, 3040, 3539, 3544, 4140
HB 757-- Glennville, City of; corporate limits of city; change ............ 3036, 3064, 3494, 3500, 3947
HB 758-- Educational programs; grants to encourage lengthening of school year; provide .................................................................... 3036, 3064
HB 759-- Income tax credit; citizenship expenses for low-income families; provisions.......................................................................... 3036, 3064
HB 760-- Brain and Spinal Injury Trust Fund; additional penalty for violation; authorize..................................................................... 3036, 3064
HB 761-- Foreclosures; notice to occupant of impending sale; provide ............................................................................................. 3037, 3064
HB 762-- Dade County board of commissioners; members reside in respective districts; provide .............................................. 3037, 3064, 3494, 3500, 4995
HB 763-- Bacon County Board of Commissioners; give chairperson a vote in event of tie; provide............................ 3037, 3064, 3539, 3545, 4140
HB 764-- Dunwoody, City of; governing authority; provisions........... 3038, 3064, 3494, 3501, 4995
HB 765-- Lamar County Livestock and Agriculture Exposition Authority; repeal ................................................................... 3061, 3493, 3539, 3546, 4280
HB 766-- Lamar County; appoint county surveyor; provide................ 3062, 3493, 3539, 3546, 4280

INDEX

6557

HB 767-- Sales and use tax; firearms, ammunition, or both; provide exemption ........................................................................... 3062, 3493
HB 768-- Income tax credits; qualified reforestation expenses; provisions......................................................................................... 3062, 3493
HB 769-- Franklin Springs, City of; corporate boundaries; provide .... 3062, 3493, 3539, 3547, 4141
HB 770-- Franklin, City of; compensation of mayor and councilmembers; establish.................................................... 3063, 3493, 3539, 3547, 4996
HB 771-- Erosion and sediment control plan; implemented through separate contract; require ................................................... 3063, 3493
HB 772-- Garden City, City of; deannex property; provide ................. 3487, 3537, 3605, 3609
HB 773-- Port Wentworth, City of; deannex property; provide ........... 3488, 3537, 3605, 3609, 4996
HB 774-- Human Resources, Department of; incidence and treatment options of autism; provide guidelines.............................. 3488, 3537
HB 775-- Covington, City of; levy an excise tax; authorize............................ 3488, 3537
HB 776-- Milledgeville, City of; levy an excise tax; authorize............ 3488, 3537, 3605, 3610, 4141
HB 777-- DeKalb County; compensation of sheriff; change certain provisions............................................................................. 3489, 3537
HB 778-- Locust Grove, City of; levy an excise tax; authorize ........... 3489, 3537, 3605, 3610, 4996
HB 779-- Macon, City of; levy an excise tax; authorize ................................. 3063, 3493
HB 780-- Elections; electronic voting systems; tabulate absentee votes when polls open; authorize..................................................... 3489, 3537
HB 781-- Catoosa County; clerk of Superior Court; increase allowance .............................................................................. 3489, 3537, 3605, 3610, 4281
HB 782-- Towns County; ad valorem tax; provide homestead exemption.............................................................................. 3490, 3537, 3605, 3611, 6362
HB 783-- North High Shoals, Town of; revise and restate town charter; provisions................................................................. 3490, 3537, 3605, 3611, 4996
HB 784-- Canton, City of; levy an excise tax; authorize...................... 3490, 3537, 3605, 3611, 6363
HB 785-- Chief medical examiner; devote full time to duties and responsibilities of the office; require ............................................... 3491, 3537
HB 786-- Guyton, City of; corporate boundaries; change.................... 3491, 3537, 3605, 3612, 4281

6558

INDEX

HB 787-- South Georgia Regional Information Technology Authority; issue revenue bonds; prohibit.............................. 3491, 3537, 3605, 3612, 4997
HB 788-- Animal protection; methods of euthanasia; provisions ................... 3530, 3603
HB 789-- Doraville, City of; Redevelopment Powers Law; authorize........................................................................................... 3531, 3603
HB 790-- Doraville, City of; municipal elections; provisions......................... 3531, 3603
HB 791-- Ellaville-Schley County Charter and Unification Commission Act; enact......................................................... 3492, 3537, 3605, 3612, 4284, 4952
HB 792-- Uniform rules of the road; vehicles used to transport aggregate materials; clearly identify; require .................................. 3531, 3603
HB 793-- City of Pearson Public Facilities Authority Act; create ....... 3531, 3603, 3875, 3877, 4997
HB 794-- Willacoochee, Town of; deannex property; provide ............ 3532, 3603, 3875, 3878, 4281
HB 795-- Atkinson County; staggered terms of office; provisions ...... 3532, 3603, 3875, 3878, 4281
HB 796-- Byron Convention and Visitors Bureau Authority; composition of authority; change ......................................... 3532, 3603, 3875, 3878, 4282
HB 797-- Brantley County; board of commissioners; advisory referendum election; provisions ........................................... 3533, 3603, 3875, 3879, 4282
HB 798-- Long County; board of elections and registration; create..... 3533, 3603, 3875, 3879, 6363
HB 799-- Carnesville, City of; corporate boundaries; change.............. 3533, 3603, 3875, 3879, 4997
HB 800-- Albany-Dougherty County; consolidated and unified government; create................................................................ 3534, 3603, 3875, 3885, 3886
HB 801-- Gainesville Redevelopment Authority; composition and organization; modify............................................................. 3534, 3603, 3875, 3880, 4282
HB 802-- Gainesville, City of; select mayor by election; provide nonbinding advisory referendum.......................................... 3534, 3603, 3875, 3880, 4282
HB 803-- Gainesville, City of; elect chairperson of board of education by election; provide nonbinding advisory referendum ............................................................................ 3534, 3603, 3875, 3880, 4282
HB 804-- Bibb County; levy an excise tax; authorize .......................... 3535, 3603, 3875, 3881

INDEX

6559

HB 805-- Macon, City of; levy an excise tax; authorize ...................... 3535, 3603, 3875, 3881
HB 806-- Gilmer County Kids Kottage Commission; membership; change ............................................................. 3536, 3603, 3875, 3881, 4283
HB 807-- Macon, City of; levy an excise tax; authorize ...................... 3536, 3603, 3875, 3881
HB 808-- Satilla Regional Water and Sewer Authority; member selection; revise..................................................................... 3536, 3603, 3875, 3882, 4283
HB 809-- Warner Robins Public Facilities Authority Act; enact ......... 3536, 3603, 3875, 3882, 6363
HB 810-- Covington, City of; levy and excise tax; authorize .............. 3537, 3603, 3875, 3882, 4283
HB 811-- State Court of Clayton County; additional judge; provisions.............................................................................. 3598, 3603, 3875, 3883, 4997
HB 812-- DeKalb County; compensation of sheriff; change certain provisions.................................................................. 3598, 3603, 3875, 3883, 6363
HB 813-- Augusta-Richmond County Coliseum Authority; membership; change ............................................................. 3599, 3603, 3936, 3939, 4992, 6195
HB 814-- Controlled substances; sentencing a person convicted of possession; clarify certain provisions .............................................. 3601, 3874
HB 815-- Georgia State Indemnification Fund; "in the line of duty" includes commuting; provisions ............................................ 3602, 3874
HB 816-- Ringgold, City of; provide new charter ................................ 3599, 3603, 3875, 3883, 4283
HB 817-- Georgia Judicial Retirement System; juvenile judges; provide ............................................................................................. 3602, 3874
HB 818-- Rockdale County; Probate Court; change compensation provisions......................................................................................... 3602, 3874
HB 819-- Firearms; possession of a license to carry; add persons to exemption .................................................................................... 3871, 3935
HB 820-- Prescription drugs; prescription information used for commercial purposes; prohibit ........................................................ 3872, 3935
HB 821-- Criminal damage to property; first degree; change provisions......................................................................................... 3872, 3935
HB 822-- Employees' Retirement System of Georgia; Office of Child Support Services; provisions ................................................. 3872, 3935
HB 823-- Landlord and tenant; lease agreement; promissory notes or notes of obligation; clarify certain provisions............................. 3872, 3935

6560

INDEX

HB 824-- Juvenile Burglary Prevention Act of 2010; enact............................ 3931, 4194
HB 825-- Income tax; individual standard deductions; revise and change .............................................................................................. 3874, 3935
HB 826-- Homeowner tax relief grants; appropriating funds; change manner and method ............................................................. 3932, 4194
HB 827-- Highway employees; death or disability; indemnification; change provisions................................................. 3932, 4194
HB 828-- Motor vehicles; ladder rack; carrying of ladders stacked more than 3 high; prohibit ............................................................... 3932, 4194
HB 829-- Quality Basic Education Act; early admission to kindergarten or first grade; provisions............................................. 3932, 4194
HB 830-- Fort Oglethorpe, City of; corporate boundaries; provide ..... 3933, 4194, 4948, 6364
HB 831-- State auditor; certain state or local government entities' failure to perform audits required by law; provide for effects............................................................................................... 4191, 4947
HB 832-- Teachers Retirement System of Georgia; Trial Judges and Solicitors Retirement Fund; provide creditable service .............................................................................................. 4191, 4947
HB 833-- Illegal and void contracts; make legislative findings; define certain terms; provisions....................................................... 4191, 4947
HB 834-- Student immunizations; parent or guardian may exempt child; provide ................................................................................... 4191, 4947
HB 835-- Pistol or revolver license; training for certain persons; license shall include photograph and current address; provide ............................................................................................. 4192, 4947
HB 836-- Fannin County Water Authority Act; enact..................................... 4192, 4947
HB 837-- Judicial Council of Georgia; include president and president-elect of the Council of Municipal Court Judges of Georgia; require............................................................... 4192, 4947
HB 838-- Motor vehicles; license plate and tag registration suspension; provisions ..................................................................... 4192, 4947
HB 839-- Public transportation; regulation; provide ....................................... 3934, 4194
HB 840-- Privilege; confidentiality of communications between husband and wife; change certain provisions ................................. 4193, 4947
HB 841-- Butts County; joint county-municipal board of elections and registration; create.......................................................... 3934, 4194, 4948, 4949, 6364
HB 842-- Agriculture; preempt certain local ordinances; protect right to grow food crops; provisions................................................ 4193, 4947
HB 843-- Insurance; continuing care providers and facilities; extensively revise requirements....................................................... 4193, 4947

INDEX

6561

HB 844-- Health care professionals; continuing education in cultural competency; require ..................................................................... 4940
HB 845-- Professional counselors; foreign-born; temporary permits; provisions..................................................................................... 4941
HB 846-- Phone cards; terms shall be disclosed at time of purchase; provide....................................................................................... 4941
HB 847-- Agriculture; farm to school program to promote Georgia-grown products; provide.............................................................. 4941
HB 848-- Elections; presidential preference primary; change date ........................... 4942
HB 849-- Teachers Retirement System of Georgia; any full-time public school employee may elect to become a member; provide ....................................................................................................... 4942
HB 850-- Hospitals and related institutions; assisted living communities; provisions ............................................................................ 4942
HB 851-- Education; Teacher Loan Program; provide.............................................. 4942
HB 852-- Used cars; nondisclosure of known defects by seller; provide penalty .......................................................................................... 4943
HB 853-- Tanning Facilities Regulation Act; enact .................................................. 4943
HB 854-- Quality Basic Education Act; early admission into kindergarten or first grade; provisions....................................................... 4943
HB 855-- Ethics in government; funds transferred from one candidate's campaign account to certain other accounts; limit amount..................................................................................... 4194, 4947
HB 856-- Special license plates; protection of wild dolphins in Georgia; provide ........................................................................................ 4944
HB 857-- Real and personal property; certain persons be granted first right to purchase property; provide .................................................... 4944
HB 858-- County law libraries; payment of certain funds into county general fund; provisions................................................................. 4944
HB 859-- Probationer duties; tolling of probated sentences; clarify provisions................................................................................................... 4945
HB 860-- Churches; determine whether to permit or exclude persons licensed to carry firearms to carry them on church premises; authorize ........................................................................ 4945
HB 861-- Deposit account fraud; definition of consideration; revise .......................................................................................................... 4945
HB 862-- Orthopedic Physician Assistant Act; enact................................................ 4945
HB 863-- Charitable solicitations; accounting; revise certain provisions................................................................................................... 4946
HB 864-- Workers' compensation; hearing loss; hearing level frequencies; revise certain provisions........................................................ 4946

PART III
HOUSE RESOLUTIONS
HR 1-- Real property; residential and nonresidential; freeze valuation - CA......................................................................... 52, 85, 165, 208, 367, 385, 412
HR 2-- Bringing Equity Statewide to Taxation Amendment; enact - CA .............................................................................................. 82, 100
HR 3-- Governor's veto; one house overrides; other house votes immediately; provide CA ......................................................... Prefiled Only
HR 4-- Counties; future laws; expenditure of funds; provisions - CA........................................................................................................ 82, 100
HR 5-- Paramount right to life; human beings; provisions - CA..................... 122, 134 HR 6-- Johnson, Randall; retirement; commend and invite to
House ............................................................................................. 54, 362, 367 HR 7-- General Assembly; provide homeowner tax relief
grants; appropriate funds - CA ............................................................ 177, 191 HR 8-- General Assembly; law for townships; provide - CA.......................... 588, 642 HR 9-- Freedom of Ownership Amendment; enact - CA .................................. 98, 124 HR 10-- Joint Study Committee for Clean Energy Technology;
create .................................................................................................... 122, 134 HR 11-- Taxpayer Dividend Amendment of 2010; enact - CA........................... 82, 100 HR 12-- Eligibility to vote; verification of citizenship;
provisions - CA.............................................................................. 83, 100, 591 HR 13-- House convened; notify Senate ..................................................................... 37 HR 14-- House; adopt rules ......................................................................................... 37 HR 15-- House; relative to officials, employees, and committees .............................. 40 HR 16-- Joint session; message from Governor .................................................... 44, 53 HR 17-- Adjournment; relative to.......................................................................... 44, 54 HR 18-- Tucker High School football team; commend and invite
to House ......................................................................................... 45, 593, 597 HR 19-- South Cobb High School Marching Band; commend
and invite to House ............................................................................ 45, 53, 55 HR 20-- Collins, Honorable Doug; commend and invite to
House ............................................................................................. 45, 362, 367 HR 21-- Counties; provide for re-creation; voter approval - CA .................. 52, 85, 482 HR 22-- Public office; elections; vote by secret ballot; provisions
- CA........................................................................................ 53, 85, 644, 2929 HR 23-- Labor union elections; urge Georgia Congressional
Delegation to reject such measures.................................................. 53, 85, 644

6564

INDEX

HR 24-- Auditory-Verbal Center, Inc.; Debbie Brilling; commend and invite to House ....................................................................... 54
HR 25-- President and United States Congress; urged to support legislative efforts to reduce America's foreign oil dependence................................................................................... 83, 100, 1388
HR 26-- Dave S. Miller Memorial Bridge; dedicate............................................ 83, 100
HR 27-- State and local taxes, fees, and property liens; abolish and prohibit; change provisions - CA.................................................... 83, 100
HR 28-- Rosa Parks and others; urging the placement of their portraits in the state capitol.................................................................... 84, 100
HR 29-- Gaza strip; expressing support for the nation of Israel in its defense against terrorism ......................................................... 84, 100, 606, 3954
HR 30-- Sales and use tax; limit exemptions periods - CA ................................. 84, 100
HR 31-- Bobby Walden Highway; dedicate ........................................................ 84, 100
HR 32-- Governor Sonny Perdue; urged to proceed with leases for exploration and drilling for oil and natural gas off Georgia coast ............................................................................... 84, 100, 1056
HR 33-- Veterinary Medicine Day at the state capitol; February 5, 2009; declare.............................................................................. 54, 264, 266
HR 34-- St. Lawrence, Sheriff Al; 50 years of law enforcement; commend........................................................................................................ 55
HR 35-- Stinson, Mr. Anthony; contributions to education; commend........................................................................................................ 55
HR 36-- Lakeside High School; contributions to education; commend........................................................................................................ 55
HR 37-- Brim, Nancy; commend................................................................................. 55
HR 38-- Herring, Ms. Jennifer; commend ................................................................... 55
HR 39-- Addiction Recovery Awareness Day at the state capitol; January 15, 2009; declare .............................................................................. 55
HR 40-- Cody-Brooks, Mrs. Ruby; 100th birthday; celebrate .................................... 56
HR 41-- Peterson, Don & Laure; 60th wedding anniversary; recognize........................................................................................................ 56
HR 42-- Murray, Mr. Ted; commend .......................................................................... 56
HR 43-- Norris, Mr. Donald H.; commend.................................................................. 56
HR 44-- Henderson Middle School; contributions to education; commend........................................................................................................ 56
HR 45-- Siddons, Miss Maggie; high school graduation; commend........................................................................................................ 56
HR 46-- Livsey Elementary School; contributions to education; commend........................................................................................................ 56
HR 47-- Deloach, Joseph; commend ........................................................................... 56

INDEX

6565

HR 48-- Hammons, Cail; commend ............................................................................ 57 HR 49-- Haygood, Andrew M.; commend .................................................................. 57 HR 50-- Casey, Martha; commend .............................................................................. 57 HR 51-- Garrett, Leigh; commend............................................................................... 57 HR 52-- Dickinson, Josh; commend ............................................................................ 57 HR 53-- Kilgore, Steve; commend .............................................................................. 57 HR 54-- Latz, Sarah; commend ................................................................................... 57 HR 55-- Falanga, Alex; commend ............................................................................... 57 HR 56-- Luke, Pamela; commend ............................................................................... 57 HR 57-- Edington, Linda; commend ........................................................................... 58 HR 58-- Brown, George E.; commend ........................................................................ 58 HR 59-- Perkins, Avelia B.; commend ........................................................................ 58 HR 60-- Edwards, Chris; commend............................................................................. 58 HR 61-- Bowers, Lynn V.; commend .......................................................................... 58 HR 62-- Thompson, Jay; commend ............................................................................. 58 HR 63-- Lipscomb, Valerie; commend........................................................................ 58 HR 64-- Tuller, Susan; commend ................................................................................ 58 HR 65-- Rizner, Jason; commend ................................................................................ 58 HR 66-- Vollmer, Shana; commend ............................................................................ 59 HR 67-- Williams, Allison; commend ......................................................................... 59 HR 68-- Schlesser, Tom; commend............................................................................. 59 HR 69-- Smith, William Don; commend..................................................................... 59 HR 70-- Eminent domain; condemnation of property; require -
CA .......................................................................................................... 98, 124 HR 71-- United State Congress; urge to oppose efforts to adopt
"Employee Free Choice Act"................................................................. 98, 124 HR 72-- Georgia Supreme Court; urging to disbar or disallow
admission to bar any attorney convicted of altering or backdating a legal document ................................................................. 98, 124 HR 73-- Court of Appeals and Supreme Court; decisions; remove provisions - CA......................................................................... 99, 124 HR 74-- Judicial Qualifications Commission; remove power; provisions - CA...................................................................................... 99, 124 HR 75-- State-wide grand juries; jurisdiction, powers, and duties; provide - CA............................................................................... 99, 124 HR 76-- Incarcerated persons; moral turpitude felonies; vote; provide - CA ........................................................................................ 122, 134 HR 77-- International education; Georgia colleges and universities; urge.......................................................................... 123, 134, 240 HR 78-- Joint Equine Industry Study Committee; create .......................... 123, 134, 645

6566

INDEX

HR 79-- Emergency Management Agencies of Ga.; directors; commend and invite to House ..................................................... 100, 264, 266
HR 80-- Bell, Clayton Thomas; commend ................................................................ 100 HR 81-- El-Sayed, Dr. Mostafa; National Medal of Science;
commend...................................................................................................... 101 HR 82-- Pharmacy Day at the state capitol; February 18, 2009;
declare .......................................................................................................... 101 HR 83-- Bevel, Reverend James L.; condolences...................................................... 101 HR 84-- Kooyman, Mr. Mike; 80th birthday; honor ................................................. 101 HR 85-- McDowell, Amanda; Georgia Tech tennis player;
commend...................................................................................................... 101 HR 86-- Georgia Tech Band; 100th anniversary; commend ..................................... 101 HR 87-- Morgan, Mr. Charles, Jr.; condolences........................................................ 102 HR 88-- Jones, Mrs. Darnella Shell; condolences ..................................................... 102 HR 89-- Fowlkes, Mr. William; condolences............................................................ 102 HR 90-- National Council of Negro Women, Inc.; commend................................... 102 HR 91-- Coleman, Mr. George; condolences ............................................................ 102 HR 92-- Edwin Price Hamilton Memorial Bridge; dedicate ............................. 123, 134 HR 93-- Aldridge, Mr. George Francis; 90th birthday; recognize ............................ 124 HR 94-- Sportsmen's Day at the Capitol; January 15, 2009;
recognize...................................................................................................... 125 HR 95-- Davis, Mrs. Janice; condolences.................................................................. 125 HR 96-- Ingram, Mr. Earnest "Jack"; commend........................................................ 125 HR 97-- Brooks, Mr. Harold Silas; condolences ....................................................... 125 HR 98-- Marks, Mrs. Larris; commend ..................................................................... 125 HR 99-- Bowlin, Connie; induction into Georgia Aviation Hall
of Fame; commend ...................................................................................... 125 HR 100-- Porter, Cadet Captain Earl III; commend and invite to
House ........................................................................................... 135, 462, 469 HR 101-- Bernhardt, Cadet Kevin H.; commend and invite to
House ........................................................................................... 135, 462, 469 HR 102-- Leadership Atlanta Class of 2009; commend and invite
to House ....................................................................................... 135, 404, 414 HR 103-- Johnson, Sergeant Elijah; retirement; commend ......................................... 135 HR 104-- Quick, Mrs. Zelean Pollard; condolences.................................................... 135 HR 105-- Beasley, Mrs. Sandra A.; condolences ........................................................ 135 HR 106-- Hughes, Mrs. Mary Sallie Clark; 95th birthday;
celebrate ....................................................................................................... 135 HR 107-- Coker, Dylan Lee; commend ....................................................................... 136 HR 108-- Shuttlesworth, Reverend Fred L.; commend ............................................... 136 HR 109-- Dennard, Mrs. Berdine Dillard; condolences .............................................. 136

INDEX

6567

HR 110-- Paschal, Mr. James Vaughn; condolences................................................... 136
HR 111-- Antionin, Mrs. Henrietta; commend............................................................ 136
HR 112-- Harruna, Mr. Abdul Razak Ibrahim; condolences....................................... 136
HR 113-- Dunlap, Ms. Kit; commend ......................................................................... 136
HR 114-- Wilhoit, Mrs. Martha Jane Gunn; condolences ........................................... 136
HR 115-- Tourism Day at the state capitol; January 27, 2009; declare .......................................................................................................... 137
HR 116-- National Association of Securities Professionals; commend...................................................................................................... 137
HR 117-- Johnson, Paul; Georgia Tech head football coach; commend...................................................................................................... 137
HR 118-- Dwyer, Jonathan; Georgia Tech sophomore football player; commend.......................................................................................... 137
HR 119-- Milton High School girl's lacrosse team; commend.................................... 137
HR 120-- United States National Health Insurance Act; urge Congress to adopt................................................................................. 146, 161
HR 121-- Joint session; message from Chief Justice of Supreme Court .................................................................................................... 149, 161
HR 122-- Georgia Farm Bureau Federation; commend and invite to House ....................................................................................... 147, 317, 319
HR 123-- Childs, Mr. William David; commend and invite to House ........................................................................................... 147, 317, 320
HR 124-- Methadone Treatment Awareness Day; March 2, 2009; declare .......................................................................................................... 147
HR 125-- Morgan County Middle School; commend ................................................. 147
HR 126-- Madison, City of; bicentennial; recognize................................................... 148
HR 127-- Partnership for Health and Accountability (PHA); commend...................................................................................................... 148
HR 128-- Welch, Honorable James R. "Bump"; commend......................................... 148
HR 129-- Smith, Mrs. Judy; commend ........................................................................ 148
HR 130-- Argroves, Lucille; 85th birthday; celebrate ................................................. 148
HR 131-- Lowery, Mrs. Sharon; retirement; commend............................................... 148
HR 132-- Smith, Mrs. Irene Juanita; condolences....................................................... 148
HR 133-- Williams, Mrs. Geraldine "Gerri"; condolences.......................................... 148
HR 134-- Greenhouse, Mrs. Regina Guice; condolences ............................................ 149
HR 135-- Capitol Arts Standards Commission; Admiral John Henry Towers portrait, urge ....................................................... 159, 179, 606, 3955
HR 136-- Owners of real property; industrial areas; remove property - CA ....................................................................................... 159, 179

6568

INDEX

HR 137-- United States Congress; send legislatures repeal of Sixteenth Amendment; urge ................................................................ 159, 179
HR 138-- Governor; convene General Assembly special session; 3 percent or more revenue decline - CA.............................................. 159, 179
HR 139-- General Assembly; telephone subscriber charges; fund trauma services; provide - CA ............................................................. 160, 179
HR 140-- State Transportation Board; abolish - CA ........................................... 160, 179
HR 141-- University of West Ga. Coed Cheerleading Team; commend and invite to House ..................................................... 161, 179, 180
HR 142-- Buford H.S. Lady Wolves softball team; commend and invite to House ......................................................................... 161, 1219, 1227
HR 143-- Buford H.S. football team; commend and invite to House ....................................................................................... 162, 1219, 1227
HR 144-- Wilson, Dr. Mark; National Principal of the Year; commend and invite to House ..................................................... 162, 494, 500
HR 145-- McBee, Evan Tyler; commend .................................................................... 162
HR 146-- Hoschton Fall Festival Committee; Hoschton citizens; world record; commend ............................................................................... 162
HR 147-- Ward, Hannah; commend ............................................................................ 162
HR 148-- Justus, Eric Anthony; commend .................................................................. 162
HR 149-- Hornik, Sarah; commend ............................................................................. 162 HR 150-- Jones, Kristie; commend.............................................................................. 163
HR 151-- Asher, Breianna; commend.......................................................................... 163
HR 152-- Palmer, Mrs. Margie Arrant; condolences................................................... 163
HR 153-- Boyd, Mrs. Winnifred Pierce; condolences................................................. 163
HR 154-- Nelson, Mrs. Eula Mae; condolences .......................................................... 163
HR 155-- Holloway, Mrs. Leila Daniel; condolences ................................................. 163
HR 156-- Gratton, Edwin Howard (Buddy), Jr.; commend......................................... 163 HR 157-- Matthews, Mr. James Cornelius; condolences ............................................ 163
HR 158-- Paulding County High School JROTC Raiders Recon Team; commend .......................................................................................... 164
HR 159-- Firefighters' Recognition Day; 37th annual; observe .................................. 164
HR 160-- Norton, Ethan Brent; commend................................................................... 164
HR 161-- White, Mr. John Jerome; compensate....................................... 177, 191, 3058, 3522, 5575, 6162
HR 162-- Ad valorem tax; fund trauma care; provide - CA ................................ 177, 191
HR 163-- Edward A. Logan Memorial Bridge; dedicate..................................... 178, 191
HR 164-- House Rules; Pledge of Allegiance to the Georgia Flag; provide ....................................................................................... 178, 191, 1959

INDEX

6569

HR 165-- University System of Georgia; #1 DESTINATION FOR ENTREPRENEURS; request............................................. 178, 191, 240, 3956
HR 166-- Joint Study Committee on SITE TO GROW GEORGIA, Alternative Financing, and Entrepreneurship; create .............................................................. 178, 191, 656
HR 167-- Judge Richard S. (Stan) Gault Memorial Interchange; dedicate ................................................................................................ 190, 207
HR 168-- Brookwood H.S. Broncos baseball team; commend and invite to House ............................................................................. 182, 646, 656
HR 169-- Smoke on the Water BBQ and Bluegrass Festival; recognize.............................................................................................. 182, 208
HR 170-- Choate, Brentley Eugene; commend ........................................................... 182
HR 171-- Warrior Family Program; commend............................................................ 182
HR 172-- Police chiefs; heads of law enforcement; commend.................................... 182
HR 173-- Georgia Crisis Intervention Team; commend.............................................. 183
HR 174-- Angle, Dean Scott; commend ...................................................................... 183
HR 175-- Roberts, Dr. Philip Lee, M.D.; honor .......................................................... 183
HR 176-- SunCorp Property Services, LLC; compensate ................................... 190, 207
HR 177-- House Study Committee on Airborne Release of Pentachlorophenol and it's Effects on the Health of Georgia Residents; create .................................................................... 190, 207
HR 178-- Enforcement of contracts; restrict competition; provisions - CA.......................................................................... 234, 249, 1401
HR 179-- Ad valorem tax; valuation and appeals procedures; provide - CA ........................................................................................ 235, 249
HR 180-- United States Congress; build reservoirs upstream from Lake Sidney Lanier; urge..................................................................... 235, 249
HR 181-- Grube, Dr. Bruce; retirement; commend and invite to House ........................................................................................... 221, 224, 225
HR 182-- Dixon, Dylan; commend and invite to House ......................... 221, 1296, 1314
HR 183-- Child Fatality Review Panel of the Year; 2007; commend and invite to House ................................................. 221, 3495, 3511
HR 184-- Tuten, Mr. Grover; commend and invite to House.................. 221, 3495, 3511
HR 185-- Jonesboro H.S. Mock Trial team; commend and invite to House ................................................................................... 222, 1296, 1314
HR 186-- Morgan, Fire Chief Tommy; commend....................................................... 222
HR 187-- Home Education Day at the state capitol; Feb. 4, 2009; declare .......................................................................................................... 222
HR 188-- Food Service Industry Day at the state capitol; Feb. 3, 2009; declare................................................................................................ 222
HR 189-- Gray, Ms. Betty; commend.......................................................................... 222

6570

INDEX

HR 190-- Miles, Reverend Joel Leonard; condolences ............................................... 222 HR 191-- Miklos, John L.; commend .......................................................................... 222 HR 192-- Grant, Reverend Kenny; commend ............................................................. 223 HR 193-- Grady, Mr. G. Mead, CCM; commend........................................................ 223 HR 194-- Ladhani, Asad; Gwinnett County Spelling Bee
Champion; commend................................................................................... 223 HR 195-- Lackey, Mr. James Edward, Sr.; condolences ............................................. 223 HR 196-- NAACP; 100th anniversary; commend ....................................................... 223 HR 197-- Jenkins, Ms. Helen D.; commend................................................................ 223 HR 198-- Miller, Mr. Ralph Norton; commend........................................................... 223 HR 199-- Thompson, Mrs. Phyllis; retirement; commend .......................................... 223 HR 200-- Wofford, Sheriff Billy; retirement; commend ............................................. 224 HR 201-- Charles, Dr. Cora; commend ....................................................................... 224 HR 202-- Georgia Dental Association; commend ....................................................... 224 HR 203-- Mercer, Mr. John Herndon; music icon; memory;
celebrate ....................................................................................................... 224 HR 204-- Hospice Savannah, Inc.; 30th anniversary; commend................................. 224 HR 205-- Bohler, Mr. Bobby Gordon; condolences.................................................... 224 HR 206-- Transportation Trust Fund; create - CA...................................... 235, 249, 593,
1069, 1181, 3597, 3862, 3928, 4001,
4842 HR 207-- Cooper, Ms. Ann; 107th birthday; celebrate ............................................... 239 HR 208-- Pulos, Hilary Larissa; honor ........................................................................ 239 HR 209-- Black Contractors Day in Georgia; Feb. 5, 2009;
declare .......................................................................................................... 239 HR 210-- Dunaway, Sheriff Kerry Milton; retirement; recognize .............................. 239 HR 211-- Alexander de Groot, Eric; commend ........................................................... 239 HR 212-- Claffey, Michael; commend ........................................................................ 239 HR 213-- Phillips, Christopher; commend .................................................................. 239 HR 214-- Thompson, Matthew; commend .................................................................. 239 HR 215-- Merriam, George; commend........................................................................ 240 HR 216-- Jones, Wyatt; commend............................................................................... 240 HR 217-- Elliott, John; commend ................................................................................ 240 HR 218-- State Board of Cosmetology; investigate need and
feasibility of ventilation equipment for nail technicians; urge ...................................................................................................... 248, 263 HR 219-- Georgia Tech Research Institute; commend and invite to House ....................................................................................... 238, 339, 342

INDEX

6571

HR 220-- Sales and use tax; motor fuels; 25 percent of funds for transportation grant purposes; provide - CA ....................................... 263, 286
HR 221-- Cairo High School Syrupmaker football team; commend and invite to House ..................................................... 253, 462, 469
HR 222-- Holcomb, Noel Z.; retirement; congratulate and invite to House ....................................................................................................... 253
HR 223-- Levine, Dr. David L.; Distinguished Older Georgian for 2009; commend............................................................................................ 254
HR 224-- Mathews & Maxwell, Inc.; commend ......................................................... 254
HR 225-- Girls and Women in Sports Day; February 4, 2009; recognize...................................................................................................... 254
HR 226-- Universal Peace Federation; commend ....................................................... 254
HR 227-- Lipari, Ms. Catherine; educator; commend ................................................. 254
HR 228-- Hickory Grove Missionary Baptist Church; dedication service; recognize ........................................................................................ 254
HR 229-- Citizens' Redistricting Commission; create - CA ................................ 263, 286
HR 230-- Hancock, Spc. Vincent; commend and invite to House .............................. 272
HR 231-- McConnell, Major Shannon Michael; commend ........................................ 272
HR 232-- Senior Week at the Capitol; week of February 24, 2009; recognize...................................................................................................... 272
HR 233-- Winslow, Amanda; commend ..................................................................... 272
HR 234-- Equine Youth Day at the state capitol; February 11, 2009; recognize............................................................................................ 272
HR 235-- DeVeaux, Bishop William Phillips; commend............................................ 272
HR 236-- Turner Theological Seminary; commend .................................................... 273
HR 237-- Collins High School Wrestling Team; commend........................................ 273
HR 238-- Adjournment; relative to...................................................................... 294, 318
HR 239-- Hixon, Mr. Wesley E.; commend ................................................................ 302
HR 240-- Chaffin, Emory; commend .......................................................................... 302
HR 241-- George W. Ford, Jr. Interchange; designate ........................................ 316, 338
HR 242-- William R. and Mamie Steele Cook Memorial Bridge; dedicate ................................................................................................ 316, 338
HR 243-- Community Health Centers Day; February 10, 2009; recognize...................................................................................................... 302
HR 244-- Johnston, Mrs. Anne Whitlow; condolences ............................................... 302
HR 245-- National Wear Red Day at the State Capitol; Feb. 6, 2009; recognize............................................................................................ 302
HR 246-- Georgia Rides to the Capitol Day; March 3, 2009; declare .......................................................................................................... 303
HR 247-- Forestry Day at the Capitol; February 5, 2009; recognize...................................................................................................... 303

6572

INDEX

HR 248-- Ga. sustainable and environmentally friendly businesses and entities; commend ................................................................................ 303
HR 249-- Ga. Peach Festival; 2009 Georgia Peach Queens; commend and invite to House .................................................... 302, 404, 415
HR 250-- Cline, Ms. Marguerite; commend................................................................ 303
HR 251-- Brown, Charlie; commend........................................................................... 303
HR 252-- Ryles, Dr. Roger "Bo" Coleman, Jr.; commend .......................................... 303
HR 253-- Hammonds, Mr. Garfield, Jr.; commend..................................................... 304
HR 254-- 2008 National Champions in Horse Management; commend...................................................................................................... 304
HR 255-- Mildton, Mr. Jakoba Jerod; condolences..................................................... 304
HR 256-- Alexander, Reverend Dr. Cameron Madison; commend ............................ 304
HR 257-- Douglas-Coffee County Economic Development Authority; commend .................................................................................... 304
HR 258-- Onabanjo, Mr. Godwin Olajide; commend ................................................. 304
HR 259-- President of the United States; continue the uninterrupted production of F-22 Raptor; request ...................... 316, 338, 402, 597
HR 260-- Klesko, Mr. Ryan; retirement from MLB; commend and invite to House .............................................................................. 324, 327
HR 261-- Cordele-Crisp County Fish Fry; cooking team; recognize...................................................................................................... 325
HR 262-- Irvin, Reverend Dr. Nathaniel, Sr.; commend ............................................. 325
HR 263-- Kenn, Mr. Mike; commend ......................................................................... 325
HR 264-- Zegers, Mr. Woodrow; commend .............................................................. 325
HR 265-- The Walker School girls soccer team; commend ........................................ 325
HR 266-- The Walker School boys soccer team; commend........................................ 325
HR 267-- The Walker School girls tennis team; commend......................................... 325
HR 268-- 4-H Day at the state capitol; February 9, 2009; recognize...................................................................................................... 326
HR 269-- Georgia Water Use Registration Program; recognize ................................. 326
HR 270-- African American Business Enterprise Day; February 12, 2009; recognize...................................................................................... 326
HR 271-- Shelton, Lieutenant Colonel Earnest A.; Ga. Aviation Hall of Fame; commend .............................................................................. 326
HR 272-- Atkinson, Lieutenant Colonel Bert M.; Ga. Aviation Hall of Fame; commend .............................................................................. 326
HR 273-- Bowlin, Mr. Ed; Ga. Aviation Hall of Fame; commend ............................. 326
HR 274-- Lyons, Mr. Samuel A.; Ga. Aviation Hall of Fame; commend...................................................................................................... 326
HR 275-- Anderson, Dr. C.L.; commend..................................................................... 327

INDEX

6573

HR 276-- Alpha Phi Alpha Fraternity, Inc.; Ga. Director; commend and invite to House ..................................................... 324, 494, 500
HR 277-- Church, Mr. Robert Thomas, Sr.; condolences; invite family to House........................................................................ 324, 1296, 1314
HR 278-- Wald, Mrs. Florence; honor; invite Ga. Hospice & Palliative Care Org. to House ...................................................... 324, 339, 342
HR 279-- State of Georgia property; certain counties; nonexclusive easements; authorize............................................. 338, 361, 404, 501, 3051
HR 280-- Claim sovereignty under Tenth Amendment of Constitution over certain powers; serve notice to federal government to cease and desist............................................................ 360, 402
HR 281-- Sales and use tax exemptions; limit; not exceed three years; provide - CA.............................................................................. 360, 402
HR 282-- National Epidermolysis Bullosa Awareness Week; support goals and ideals............................................................ 360, 402, 2515, 4146
HR 283-- Harris, Mr. James; commend and invite to House .................. 349, 3495, 3511
HR 284-- Georgia Academy of Audiology Day at the state capitol; Feb. 24, 2009; declare..................................................... 349, 593, 597
HR 285-- Clark, Mrs. Dana; commend........................................................................ 349
HR 286-- Emergency Medical Services Recognition Day; February 19, 2009; recognize ...................................................................... 349
HR 287-- Ball, Mr. Eddie; retirement; commend ........................................................ 350
HR 288-- Clay, Mr. Mark & Mrs. Crystal; commend ................................................. 350
HR 289-- Emergency Medical Services (EMS) Week; recognize............................... 350
HR 290-- Freeman, Colonel Wilson; condolences ...................................................... 350
HR 291-- Gainesville-Hall County Day; February 12, 2009; recognize...................................................................................................... 367
HR 292-- James C. Moore Corridor; dedicate ..................................................... 401, 460
HR 293-- Natural resources; dedication of revenues from certain fees; authorize - CA ............................................................................. 401, 460
HR 294-- Coroner; shall be a county officer; provide - CA ...................... 401, 460, 1071
HR 295-- Acknowledge Georgia's role in slavery; urge reconciliation ....................................................................................... 401, 460
HR 296-- Short, Sergeant First Class Scott; commend and invite to House ....................................................................................... 382, 684, 692
HR 297-- Sheppard, Mr. Ralph E.; commend and invite to House ............. 382, 684, 692
HR 298-- Bickerton, Ms. Laura "Molly"; commend and invite to House ....................................................................................... 382, 1073, 1084
HR 299-- Boy Scouts Day in Georgia; Feb. 18, 2009; recognize and invite designee to House ....................................................... 382, 462, 469

6574

INDEX

HR 300-- Feinberg, Mr. Ian; commend and invite to House ................... 382, 1073, 1084 HR 301-- Alpha Kappa Alpha Day at the capitol; February 16,
2009; recognize............................................................................................ 383 HR 302-- International education; Ga.'s colleges to promote
importance; encourage................................................................................. 383 HR 303-- Donatucci, Kyle C.; Eagle Scout; commend ............................................... 383 HR 304-- Reynolds, Bernard; Ellen Williams; congratulate ....................................... 383 HR 305-- Tan, Dr. Josephine; commend ..................................................................... 383 HR 306-- Phoenix School; commend .......................................................................... 383 HR 307-- Amerson, Mrs. Anne Dismukes; commend................................................. 383 HR 308-- Dixon, Mrs. Lola; commend........................................................................ 384 HR 309-- Lincoln, President Abraham; bicentennial anniversary
of birth; recognize........................................................................................ 384 HR 310-- Whithear, Ms. Kay; commend..................................................................... 384 HR 311-- Phi Beta Sigma Fraternity; commend.......................................................... 384 HR 312-- Lanier Canoe and Kayak Club, Inc.; program; recognize ........................... 384 HR 313-- Fuller, Mr. Millard; condolences ................................................................. 384 HR 314-- Johnson, Honorable Joe "Slade"; commend ................................................ 384 HR 315-- Morehouse College; 142nd anniversary; recognize .................................... 384 HR 316-- Community Health, Department of; pediatric
physicians; prepare written materials; urge ................................. 401, 460, 591 HR 317-- Doug Ferguson Memorial Bridge; dedicate ........................................ 459, 494 HR 318-- Keep Georgia Beautiful program; commemorate........................................ 437 HR 319-- Certain Masonic Lodge & Eastern Star; commend and
invite to House ............................................................................................. 437 HR 320-- Southland Academy H.S. Raiders swim team;
commend and invite to House ..................................................... 437, 684, 692 HR 321-- Levine, Dr. David L.; Distinguished Older Georgian;
commend and invite to House ..................................................................... 437 HR 322-- Johnson, Mr. Choyce A.; commend ............................................................ 438 HR 323-- Ga. Rural Health Assoc.; Rural Health Day; Feb. 19,
2009; recognize............................................................................................ 438 HR 324-- Burgess, Will; commend ............................................................................. 438 HR 325-- Gray, Ms. Donna; commend........................................................................ 438 HR 326-- Professional Assoc. of Georgia Educators; PAGE Day
on Capitol Hill; recognize............................................................................ 438 HR 327-- Ruhling, Stephen Victor; commend ............................................................ 438 HR 328-- Burge, David James, Jr.; commend ............................................................. 438 HR 329-- Goulding, John Randolph; commend .......................................................... 439 HR 330-- Young, Alexander Nelson; commend.......................................................... 439

INDEX

6575

HR 331-- Rice, Charles Jerry; 80th birthday; honor.................................................... 439
HR 332-- Meadows, Ms. Nell Katherine; 110th birthday; celebrate ....................................................................................................... 439
HR 333-- Cook, Emily; Miss Cobb County 2009; commend...................................... 439
HR 334-- Congress of the United States; oppose Freedom of Choice Act; urge ....................................................................... 459, 494, 1959, 3056
HR 335-- Legislative branch; issuance of subpoenas; provide CA ........................................................................................................ 492, 589
HR 336-- State highway system; certain portions; dedicate..................... 492, 589, 1401, 2804, 5164, 5303
HR 337-- House of Representatives; development of Georgia's energy resources; express support .............................................. 492, 589, 684, 3964, 4933
HR 338-- General Assembly; development of Georgia's energy resources; express support .......................................................... 492, 589, 684, 2801, 4203
HR 339-- Congress and President Obama; enact comprehensive immigration reform; urge .................................................................... 492, 589
HR 340-- President and United States Congress; Mr. Cesar E. Chavez's birthday; national holiday; request ....................................... 493, 590
HR 341-- Board of education; levy sales and use tax for educational purposes; provide - CA .................................................... 493, 590
HR 342-- Lakeside H.S. boys soccer team; commend and invite to House ........................................................................................... 477, 646, 656
HR 343-- St. Patrick's Day Parade Committee; Savannah Ga.; commend and invite to House ................................................. 477, 1219, 1227
HR 344-- Hardman, Miss Chasity; Miss America Pageant; commend and invite to House ................................................. 477, 1401, 1414
HR 345-- Georgia Youth Neighborhood Entrepreneur Day; July 11, 2009; recognize...................................................................................... 478
HR 346-- Endometriosis Awareness Month in Georgia; March, 2009; recognize............................................................................................ 478
HR 347-- Taylor, Mrs. Elizabeth Pinkney; condolences ............................................. 478
HR 348-- Burrell, Dr. Zeb L., Jr., M.D.; commend..................................................... 478
HR 349-- Schwartz, Mrs. Janet; commend .................................................................. 478
HR 350-- Cannady, Noelle; commend......................................................................... 478
HR 351-- Martin, Mrs. Lori; commend ....................................................................... 478
HR 352-- Hill, Erin; commend .................................................................................... 478
HR 353-- Miller, Daniel; commend............................................................................. 479
HR 354-- McDonald, Mrs. Carol; commend ............................................................... 479
HR 355-- Deshon, Erika; commend............................................................................. 479

6576

INDEX

HR 356-- Bowles, Mr. Steven Lewis; commend......................................................... 479
HR 357-- Backus, Mrs. Denise; commend .................................................................. 479
HR 358-- Pasko, Quentin; commend ........................................................................... 479
HR 359-- Akin, Mrs. Sandy; commend ....................................................................... 479 HR 360-- Arcade, City of; 100th birthday; recognize ................................................. 479
HR 361-- McDonald, Mr. Phil; retirement; commend ................................................ 479
HR 362-- Sportsvisions; producers Mr. Dale Williams & Mr. D.J. Jones; commend........................................................................................... 480
HR 363-- Jakes, Reverend Jimmie, Sr.; condolences .................................................. 480
HR 364-- Luv, Mr. Lav; commend .............................................................................. 480
HR 365-- Skin Cancer Awareness Day at the state capitol; Feb. 25, 2009; recognize...................................................................................... 480
HR 366-- Organization for Military Education in Georgia (OMEGA); commend .......................................................................... 480, 595
HR 367-- Dixon, Mrs. Lola; commend........................................................................ 480 HR 368-- MARTA; exercise authority to combine with Georgia
Regional Transportation Authority; urge............................................. 588, 642 HR 369-- County or municipality; ad valorem tax; homestead
exemption; authorize - CA................................................................... 589, 642 HR 370-- Georgia Trauma Care Trust Fund; creation and funding;
provide - CA ........................................................................................ 589, 642 HR 371-- Clayton County Water Authority; commend and invite
to House ................................................................................... 570, 3010, 3026 HR 372-- Terrell Academy football team; commend and invite to
House ....................................................................................... 570, 3041, 3051 HR 373-- Cucolo, Major General Tony; commend and invite to
House ........................................................................................... 570, 593, 597 HR 374-- Anger Management Awareness Week at the Capitol;
Sept. 21-25, 2009; recognize ....................................................................... 570 HR 375-- Poole, Prophet Raymone, Sr.; commend ..................................................... 570
HR 376-- Walton, Sara; commend............................................................................... 571
HR 377-- Gwinnett County Day at the state capitol; Feb. 25, 2009; recognize............................................................................................ 571
HR 378-- Hambrick, Jared Michael; commend........................................................... 571
HR 379-- Wheeler, William; commend....................................................................... 571
HR 380-- Poole, Richard Michael; commend.............................................................. 571
HR 381-- Elrod, Alyssa Kristen; commend................................................................. 571
HR 382-- Townsend, Lauren; commend ..................................................................... 571
HR 383-- Keane, James Patrick; commend ................................................................. 571 HR 384-- Colwell, Kelli Allison; commend ................................................................ 571
HR 385-- Coleman, Hannah Leigh; commend ............................................................ 572

INDEX

6577

HR 386-- Escoe, Emily Kathryn; commend ................................................................ 572 HR 387-- Griffith, Allyn Francis; commend ............................................................... 572 HR 388-- Crunkleton, Will Jeffery; commend ............................................................ 572 HR 389-- Bailey, Justin Tyler; commend .................................................................... 572 HR 390-- Clouatre, Sydney Denis; commend ............................................................. 572 HR 391-- Zhuno, Maria Isabel; commend................................................................... 572 HR 392-- Russell, Jonathan James; commend............................................................. 572 HR 393-- Brawner, Jimmy Casey; commend .............................................................. 572 HR 394-- Spencer, Hayley Adele; commend .............................................................. 573 HR 395-- Shurtz, Nicholas Wayne; commend ............................................................ 573 HR 396-- Long, Dillon Charles; commend.................................................................. 573 HR 397-- Pressley, Amy Kristin; commend ................................................................ 573 HR 398-- Ivester, Megan Nicole; commend................................................................ 573 HR 399-- Simpson, Ashley Danielle; commend.......................................................... 573 HR 400-- Helgeland, Kelli Lynn; commend................................................................ 573 HR 401-- Norman, Kendall Hunter; commend............................................................ 573 HR 402-- Taylor, Abigail Ann; commend................................................................... 573 HR 403-- Adams, Amanda Marie; commend .............................................................. 574 HR 404-- Lambert, Sarah Marie; commend ................................................................ 574 HR 405-- Lightner, Christina Blythe; outstanding scholar;
commend...................................................................................................... 574 HR 406-- Morgan, Robert A.; commend ..................................................................... 574 HR 407-- Rhoads, Mark; commend............................................................................. 574 HR 408-- Maxwell, William N.; commend ................................................................. 574 HR 409-- Bullock, Russell A.; commend .................................................................... 574 HR 410-- Pettingill, Jonathan R.; commend................................................................ 574 HR 411-- Schleifer, John "William"; commend .......................................................... 575 HR 412-- Broome, Candice Charles; commend .......................................................... 575 HR 413-- Murray, Destiny LeAnn; commend............................................................. 575 HR 414-- Faust, Christina Lynn; commend................................................................. 575 HR 415-- Darden, John; commend .............................................................................. 575 HR 416-- Jones, Anthony K.; commend...................................................................... 575 HR 417-- Elam, Ashley; commend.............................................................................. 575 HR 418-- Harp, Samika T.; commend ......................................................................... 576 HR 419-- Olguin, Hector; commend ........................................................................... 576 HR 420-- Goss, Christopher D.; commend.................................................................. 576 HR 421-- Crawford, Robyn B.; commend................................................................... 576 HR 422-- Baggett, Mr. William Terrell "Terry"; commend........................................ 576 HR 423-- Acree, Marisa K.; commend ........................................................................ 576

6578

INDEX

HR 424-- White, Victoria; commend........................................................................... 576 HR 425-- Newton, Amanda Nicole; commend............................................................ 577 HR 426-- Collins, Kyle; commend .............................................................................. 577 HR 427-- Rogers, Brett M.; commend......................................................................... 577 HR 428-- Lundin, Lauren Elizabeth; commend .......................................................... 577 HR 429-- Edwards, Gabrielle A.; commend................................................................ 577 HR 430-- Owens, David S.; commend ........................................................................ 577 HR 431-- Autry, Annaleise; commend ........................................................................ 577 HR 432-- Graham, Angela Charlene; commend.......................................................... 578 HR 433-- Llanes, Juan A.; commend........................................................................... 578 HR 434-- Nagawa, Rita C.; commend ......................................................................... 578 HR 435-- Wolfram, Laurissa Joy; commend............................................................... 578 HR 436-- Johnson, Drew Austin; commend................................................................ 578 HR 437-- McDonald, Ryan M.; commend .................................................................. 578 HR 438-- Vaughn, Kenneth Lee; commend ................................................................ 578 HR 439-- Bufkin, Jacqueline S.; commend ................................................................. 579 HR 440-- Veterans Boulevard; dedicate .............................................................. 641, 683 HR 441-- Sgt. D.P. Land Memorial Bridge; dedicate.......................................... 641, 683 HR 442-- House Study Committee on the Review, Evaluation,
and Analysis of State Tax Exemptions; create .................................... 641, 683 HR 443-- Phyllis Heller Memorial Bridge; dedicate ........................................... 641, 683 HR 444-- St. Patrick's Day Parade Committee; members;
commend and invite to House ..................................................................... 626 HR 445-- Jordan, Dr. Liz; commend and invite to House ........................... 627, 684, 693 HR 446-- Allen, Dr. Bruce Stuart; Claudia Fritsche; honor and
invite to House ......................................................................... 627, 3010, 3026 HR 447-- Robinson, Ms. Lithangia S.; Senior Week in her
memory; Feb. 24, 2009; honor .................................................................... 627 HR 448-- Girl Scout Day at the state capitol; March 12, 2009;
recognize...................................................................................................... 627 HR 449-- Daniel, Ray; Wilkinson Co. Middle School Teacher of
the Year; commend...................................................................................... 627 HR 450-- Brantley, Dr. Robert; Wilkinson Co. H.S. School
Teacher of the Year; commend.................................................................... 628 HR 451-- Chapman, Majorie; Bernd Elem. School Teacher of the
Year; commend............................................................................................ 628 HR 452-- Marsh, Gina; Heard Elem. School Teacher of the Year;
commend...................................................................................................... 628 HR 453-- Manchew, Nina; Porter Elementary School Teacher of
the Year; commend...................................................................................... 628

INDEX

6579

HR 454-- Howe, Debbie; Wells Elem. School Teacher of the Year; commend............................................................................................ 628
HR 455-- Page, Carol; Jeffersonville Elem. School Teacher of the Year nominee; commend ............................................................................. 628
HR 456-- Brown, Sherri; Jeffersonville Elem. School Teacher of the Year nominee; commend ....................................................................... 628
HR 457-- Taylor, Evealene; 2010 Jeffersonville Elem. Teacher of the Year nominee; commend ....................................................................... 628
HR 458-- Alzheimer's Awareness Day at the state capitol; March 9, 2009; recognize........................................................................................ 628
HR 459-- Henry County Day at the state capitol; Feb. 25, 2009; recognize...................................................................................................... 629
HR 460-- Atlanta Motor Speedway Day at the state capitol; March 5, 2009; recognize ............................................................................ 629
HR 461-- Robinson, Angela; Wilkinson Co. Primary School Teacher of the Year; commend.................................................................... 629
HR 462-- DeWeerth, Abigail; Renfroe Middle School; commend ............................. 629
HR 463-- W. Area Coun. on Aging; Harriet G. Darnell Senior Multipurpose Facility; commend................................................................. 629
HR 464-- Lee, Catherine; commend ............................................................................ 629
HR 465-- National Federation of Independent Business in Georgia; commend....................................................................................... 629
HR 466-- Wright, Corporal Curtis; commend ............................................................. 630
HR 467-- Georgia Assoc. of Educators (GAE) Legis. Conference Day; Mar. 2, 2009; recognize ...................................................................... 630
HR 468-- Yin, Yi; commend........................................................................................ 630
HR 469-- West, Mrs. Debi; commend ......................................................................... 630
HR 470-- States' sovereignty; based on constitutional principles; affirm ................................................................................................... 641, 683
HR 471-- United States Congress; oppose efforts to expand reach and scope of Clean Water Act; request................................... 681, 1070, 3540, 3957
HR 472-- Shi Gray Holmes Memorial Highway; dedicate................................ 682, 1070
HR 473-- Pike County Veterans Memorial Highway; dedicate ........................ 682, 1070
HR 474-- Trooper Tony M. Lumley Memorial Highway; dedicate .................. 682, 1070
HR 475-- Donnie Dickens Memorial Highway; dedicate.................................. 682, 1070
HR 476-- W.F. Gay Memorial Connector; dedicate.......................................... 682, 1070
HR 477-- Manufacturing industry; U.S. Congress legislative efforts to invest; recognize........................................................................... 669
HR 478-- Nat. Found. for Women Legislators; Nat. Assoc. Attorneys Gen.; others; recognize ............................................................... 670

6580

INDEX

HR 479-- Nat. Org. of Black Elected Legislative Women; Nat. Leadership Institute; commend.................................................................... 670
HR 480-- Henderson, Michael; commend ................................................................... 670
HR 481-- Alfred Ely Beach High School Chorus; commend...................................... 670
HR 482-- Parent University; commend ....................................................................... 670
HR 483-- Guido, Dr. Michael; condolences ................................................................ 670
HR 484-- Lance, Marie & Bryan; award-winning dog, "Stitch"; commend...................................................................................................... 670
HR 485-- Driftwood Garden Club; commend ............................................................. 671
HR 486-- Newnan Reading Circle; 100th anniversary; commend .............................. 671
HR 487-- Sullivan, Mrs. Margaret "Bunny" Thomas; condolences ............................ 671
HR 488-- Hahira Middle School; Georgia Lighthouse School to Watch in 2009; commend ............................................................................ 671
HR 489-- Vienna International Exchange; commend.................................................. 671
HR 490-- Brauner, Ms. Renate; commend .................................................................. 671
HR 491-- Washington Park; Atlanta, Georgia; 90th anniversary; recognize...................................................................................................... 671
HR 492-- Claim sovereignty under Tenth Amendment to Constitution; serve notice to federal government............................ 1067, 1218
HR 493-- United States Congress; investigate fluctuation in oil and gas prices; urge................................................................ 1068, 1218, 1388
HR 494-- Atlanta metropolitan area employers; adopt flexible hours to reduce traffic; urge................................................... 1068, 1218, 3540
HR 495-- Irvin, Mr. Ken; induction into Rome-Floyd Sports Hall of Fame; commend ...................................................................................... 697
HR 496-- Ga. peanut industry; Peanut Butter & Jelly Day March 4, 2009; recognize........................................................................................ 697
HR 497-- Davis, Mrs. Beatrice C.; condolences.......................................................... 697
HR 498-- Coleman, Mr. George; condolences ............................................................ 697
HR 499-- Rakestraw, Ms. Victoria Viola Graves; condolences .................................. 697
HR 500-- Bryant, Ms. Martha; commend .................................................................... 697
HR 501-- Gwinnett Choral Guild; 25th anniversary; recognize.................................. 697
HR 502-- Clergy Day; March 3, 2009; contributions of Georgia clergy; recognize.......................................................................................... 698
HR 503-- Southern Christian Leadership Conference Weekend; Feb. 27-28, 2009; recognize ........................................................................ 698
HR 504-- Van Es, Mr. Jim; induction to Rome-Floyd Sports Hall of Fame; recognize....................................................................................... 698
HR 505-- Tillman, Mr. Gary; induction to Rome-Floyd Sports Hall of Fame; recognize............................................................................... 698
HR 506-- Wetzel, Mrs. Carolyn Hanna; condolences ................................................. 698

INDEX

6581

HR 507-- Rickerd, Honorable Martin; British Consul General; commend...................................................................................................... 698
HR 508-- Pickens, Lenwood; commend ...................................................................... 698 HR 509-- Jackson, Barbara; commend ........................................................................ 698 HR 510-- White, Lowell, III; commend ...................................................................... 699 HR 511-- Waller, Terrence; commend ........................................................................ 699 HR 512-- Smith, Craig; commend ............................................................................... 699 HR 513-- Brown, Ralph; commend ............................................................................. 699 HR 514-- Biersmith, Melanie; commend..................................................................... 699 HR 515-- Ivanditti, Lydia; commend........................................................................... 699 HR 516-- Maddox, Joanie; commend .......................................................................... 699 HR 517-- Ritchason, Bob; commend........................................................................... 699 HR 518-- Hubert, Rae; commend ................................................................................ 699 HR 519-- Hill, Patrick; commend ................................................................................ 700 HR 520-- Rowland, Trudy; commend ......................................................................... 700 HR 521-- Veal, Diane; commend ................................................................................ 700 HR 522-- Phillips, Marty; commend ........................................................................... 700 HR 523-- Hammons, Matt; commend ......................................................................... 700 HR 524-- Gailey, Laura; commend.............................................................................. 700 HR 525-- Dennis, Angelica; commend........................................................................ 700 HR 526-- McCuin, Bryce; commend........................................................................... 700 HR 527-- Adams, Richard; commend.......................................................................... 700 HR 528-- Bales, Shona; commend............................................................................... 701 HR 529-- Campbell, Vicky; commend ........................................................................ 701 HR 530-- Adams, Don; commend ............................................................................... 701 HR 531-- Loganville Christian Acad. varsity boys basketball;
commend & invite to House .................................................. 1055, 1073, 1084 HR 532-- Joint Study Committee on Nursing Education in
Georgia; create ....................................................................... 1068, 1218, 1389 HR 533-- Environmental Protection Division; evaluate oxygen in
Savannah Harbor; request..................................................... 1214, 1294, 3540, 3965
HR 534-- General Assembly; pari-mutuel betting on horse and dog races; provisions - CA............................................................... 1214, 1294
HR 535-- United States Congress; avoid wasteful projects; request.............................................................................................. 1215, 1294
HR 536-- Donalsonville, City of; Gateway to Lake Seminole; declare ........................................................................................................ 1152
HR 537-- Branscomb, Glenn Ryan; commend .......................................................... 1152 HR 538-- King, Douglas Carlisle; commend............................................................. 1152

6582

INDEX

HR 539-- Duluth Middle School; congratulate.......................................................... 1152 HR 540-- Wilson, Mr. Benjamin; commend ............................................................. 1152 HR 541-- Roach, Mr. Jonathan William; commend .................................................. 1152 HR 542-- Smith, Mr. Willie Roscoe; 87th birthday; celebrate .................................. 1152 HR 543-- Holcomb, Noel Z.; Ga. Dept. of Natural Resources
Commissioner; congratulate ...................................................................... 1153 HR 544-- Skipper, Mrs. Corine Yarbrough; condolences ......................................... 1153 HR 545-- Creel, Ms. Mabel Emily Crawford; condolences ...................................... 1153 HR 546-- Brown, Ashley; commend ......................................................................... 1153 HR 547-- Hawkins, Mr. Matt; condolences............................................................... 1153 HR 548-- Brooks, Mr. James "Jim" Lee, Jr.; condolences ........................................ 1153 HR 549-- Sanders, Mr. Dennis; commend................................................................. 1153 HR 550-- Currie, Mary; The Links, Inc.; Southern Area Dir.;
Links Day; March 4; recognize ................................................................. 1202 HR 551-- Columbus Day at the state capitol; March 10, 2009;
recognize.................................................................................................... 1202 HR 552-- Mize, Mr. J. William; condolences............................................................ 1202 HR 553-- Hall, Ms. Beverly; commend and invite to House................. 1242, 3010, 3026 HR 554-- Republic of China (Taiwan); democracy; relations with
United States; commend ............................................................................ 1242 HR 555-- Credit unions in U.S.; Georgia Credit Union League;
75th anniversary; recognize ....................................................................... 1242 HR 556-- National Association for the Advancement of Colored
People; commend....................................................................................... 1242 HR 557-- Carter, Mrs. Mae Bell Leonard; condolences............................................ 1242 HR 558-- Lewis, Michael; commend......................................................................... 1243 HR 559-- Water Well Standards Advisory Council; commend................................. 1243 HR 560-- Georgia State Parks & Historic Sites Day; March 12,
2009; recognize.......................................................................................... 1243 HR 561-- Joe Bryan Highway; dedicate .......................................................... 1292, 1399 HR 562-- Georgians be aware of blind pedestrians; encourage ........... 1217, 1294, 1872,
3027 HR 563-- Governor; serve six-year term; not succeed himself or
herself; provide - CA ....................................................................... 1217, 1295 HR 564-- Glenn McCarver Smith III Memorial Bridge; dedicate................... 1292, 1399 HR 565-- Adjournment; relative to.................................................................. 1312, 1411 HR 566-- State title fees; motor vehicles; provide - CA.................................. 1292, 1399 HR 567-- United States Constitution; religious organizations
receive public aid; prevent discrimination - CA.............................. 1294, 1399 HR 568-- Lithonia, City of; commend....................................................................... 1386 HR 569-- Shipkoski, Mr. Jack; retirement; recognize ............................................... 1386

INDEX

6583

HR 570-- Heath, Ms. Judy Patricia Colbert; retirement; recognize........................... 1386
HR 571-- Hutchins, Mr. Lawrence, Jr.; commend .................................................... 1386
HR 572-- Carter, Mrs. Annie; 80th birthday; celebrate ............................................. 1387
HR 573-- Williams, Mrs. Andrea Bowers; commend ............................................... 1387
HR 574-- Baker, Mr. Johnnie Frank; condolences .................................................... 1387
HR 575-- McKenzie, Ms. Sabrina; GIFT program; commend.................................. 1387
HR 576-- Savannah College of Art and Design; opening new campus in Hong Kong; recognize.............................................................. 1387
HR 577-- Rafferty, Jax Gabriel; birth; celebrate ....................................................... 1387
HR 578-- United States Fish and Wildlife Service; scientific study in Etowah River Basin; request ............................................ 1398, 1879, 3540, 3959
HR 579-- Joint Study Committee on Sales and Use Tax Simplification; create....................................................................... 1398, 1879
HR 580-- Generals; strong position on "don't ask, don't tell" policy; commend.............................................................................. 1398, 1879
HR 581-- United States Congress; support Georgia chicken growers; encourage .......................................................................... 1878, 2514
HR 582-- Hinson Mosley Highway; dedicate.................................................. 1878, 2514
HR 583-- Congress; oppose legislation that interferes with state's ability to transport horses; request ........................................ 1879, 2514, 3071, 3538, 3961
HR 584-- Tom Buck Parkway; dedicate .......................................................... 1399, 1879
HR 585-- Perry, Tyler; "Madea in the House"; commend and invite to House ........................................................................................... 1866
HR 586-- Loganville High School baseball team; commend and invite to House ....................................................................... 1866, 3064, 3072
HR 587-- Dupree, Mr. David M.; commend and invite to House ............................. 1866
HR 588-- Catholic Day; March 12; recognize and invite Arch Bishop of Atlanta to House.................................................... 1866, 2516, 2540
HR 589-- Terrell Academy Lady Eagles basketball team; commend and invite to House ............................................... 1867, 3041, 3051
HR 590-- Museum of the Terracotta Warriors & Horses; others; recognize.................................................................................................... 1867
HR 591-- Georgia Water Day at the state capitol; March 22, 2009; designate .................................................................................................... 1867
HR 592-- Deep-Vein Thrombosis Awareness Day at the state capitol; March 19; recognize ..................................................................... 1867
HR 593-- Flynn, Mr. Matthew Joseph; condolences ................................................. 1867
HR 594-- Kubit, Devin Philip; commend .................................................................. 1867
HR 595-- Divine Performing Arts; 2009 World Tour; recognize ............................. 1867

6584

INDEX

HR 596-- Avondale Pizza Cafe; commend................................................................ 1868 HR 597-- Reid, Greg; commend ................................................................................ 1868 HR 598-- Antioch Baptist Church; bicentennial; recognize ...................................... 1868 HR 599-- Carter, Mr. Ronald E.; condolences........................................................... 1868 HR 600-- St. Paul United Methodist Church; commend ........................................... 1868 HR 601-- Clary, Mr. James Allen, Jr.; condolences .................................................. 1868 HR 602-- Sellers, Major James; commend ................................................................ 1868 HR 603-- Fields, Mr. Frank; retirement; recognize ................................................... 1868 HR 604-- Allen, Dr. Bruce Stuart; honor................................................................... 1869 HR 605-- Carnes, Mrs. Sarah Robertson; commend ................................................. 1984 HR 606-- General Assembly; Georgia Department of
Transportation; develop plan for maglev train; express .................. 2513, 3009 HR 607-- Glenn Brown Memorial Overpass; dedicate.................................... 2513, 3009 HR 608-- American Red Cross Month; March, 2009; recognize
and invite reps to House............................................................................. 1984 HR 609-- Omega Psi Phi Fraternity, Inc.; commend and invite to
House ......................................................................................................... 1984 HR 610-- Omega Psi Phi Fraternity, Inc., Day; March 25, 2009;
commend and invite to House ............................................... 1984, 3607, 3619 HR 611-- Locklear, Colonel James P.; commend...................................................... 1984 HR 612-- Bates, Mr. Eli Robert "E.R.", Jr.; condolences.......................................... 1984 HR 613-- Beavers, Bishop Robert Lee; condolences ................................................ 1985 HR 614-- Mills, Mr. Alex H.; recognize.................................................................... 1985 HR 615-- Davis, Mr. Christopher Charles; commend ............................................... 1985 HR 616-- Lewis, Mr. Lester O.; condolences............................................................ 1985 HR 617-- Karanja, Dr. Benson M.; commend ........................................................... 1985 HR 618-- Kidney Disease Prevention Month at the state capitol;
March, 2009; recognize ............................................................................. 2500 HR 619-- Carter, Mrs. Mae Bell Leonard; condolences............................................ 2500 HR 620-- Long, Bishop Eddie L.; commend............................................................. 2500 HR 621-- Barrett, Master Sergeant Martin Glenn; commend.................................... 2500 HR 622-- United States Congress; change definition of renewable
biomass; request.................................................................... 2513, 3009, 3538, 3962
HR 623-- Divine Performing Arts Chinese Spectacular; 2009; commend.................................................................................................... 2608
HR 624-- House Constitutional Officer Fees Study Committee; create ...................................................................................... 2514, 3009, 3607
HR 625-- House Study Committee on Dangerous Dogs; create ..................... 3008, 3040

INDEX

6585

HR 626-- Sears, Chief Justice Leah Ward; retirement; recognize and invite to House .................................................................................... 2608
HR 627-- Ga. Salzburgers; 275th anniver.; celebrate & invite Salzburger Society to House.................................................. 2608, 3010, 3026
HR 628-- McLean, Elaina; Apalachee High School's STAR Student; commend ..................................................................................... 2608
HR 629-- Lawson, Charlotte; Winder-Barrow High School's STAR Student; commend .......................................................................... 2608
HR 630-- Johnson, Dr. Larry R.; retirement; recognize ............................................ 2609
HR 631-- Wallace, Dr. Betty Joe; commend ............................................................. 2609
HR 632-- Neufeldt, Whitney; Winder-Barrow High School's STAR Student; commend .......................................................................... 2609
HR 633-- Peanut Proud Day Expo; commend........................................................... 2609
HR 634-- Williams, Mr. Benjamin F.; commend ...................................................... 2609
HR 635-- Boynton-Cheyne, Ms. Merrill; commend.................................................. 2609
HR 636-- Wheat Street Baptist Church; commend.................................................... 2609
HR 637-- Frey, Zach; commend ................................................................................ 2609
HR 638-- Ebenezer Baptist Church; Atlanta, Georgia; commend............................. 2610
HR 639-- District 44 Day at the state capitol; March 25, 2009; recognize.................................................................................................... 2610
HR 640-- National Foundation for Women Legislators; others; recognize.................................................................................................... 2610
HR 641-- Lake Spivey Parkway; designate ..................................................... 3008, 3040
HR 642-- House Study Committee on Regional Educational Service Agencies; create........................................................ 3008, 3040, 3493
HR 643-- Mann, Miss Lindsey Marie; Georgia Watermelon Queen; commend ....................................................................................... 3028
HR 644-- Ga. State University's Legislative Health Policy Certificate Program; commend.................................................................. 3028
HR 645-- Georgia Appalachian Center for Higher Education; official center; recognize ...................................................... 3009, 3040, 3926, 5350
HR 646-- Georgia Department of Transportation; develop plan for building "The Plane Train"; express................................................ 3038, 3064
HR 647-- House Study Committee on State Agency Accountability; create ...................................................................... 3038, 3064
HR 648-- General Assembly; additional fees for offenses; allocate to Brain and Spinal Injury Trust Fund - CA .................................... 3038, 3064
HR 649-- National Institutes of Health and the United States Congress; use of mercury; urge action ............................................ 3039, 3064
HR 650-- House Study Committee on Autism; create..................................... 3039, 3064

6586

INDEX

HR 651-- House Study Committee on Business Income Tax Elimination and Job Creation; create..................................... 3039, 3064, 3607
HR 652-- Business Executives for Nat'l Security; Ga. Business Force; commend and invite to House ........................................................ 3028
HR 653-- Ratchford, Mrs. Mary Olive Butler; condolences ..................................... 3028
HR 654-- Effingham County High School wrestling team; recognize.................................................................................................... 3029
HR 655-- Frey, Zach; commend ................................................................................ 3029
HR 656-- Schmidt, Mrs. Dorothy; 95th birthday; celebrate ...................................... 3029
HR 657-- A Child is Missing; commend ................................................................... 3029
HR 658-- Business Executives for National Security; Georgia Business Force; commend ......................................................................... 3029
HR 659-- McGlamery, Mr. Johnny James; condolences........................................... 3029
HR 660-- Nat'l Railway Historical Society; Atlanta Chapter; 50th anniversary; recognize ............................................................................... 3029
HR 661-- Renfroe Middle School climate change project participants; congratulate........................................................................... 3030
HR 662-- Henry, Ms. Jeannie "Sis" M.; commend.................................................... 3030
HR 663-- Allen, Mr. Donald "Don" G.; condolences................................................ 3030
HR 664-- Westminster High School girls volleyball team; congratulate................................................................................................ 3030
HR 665-- Westminster High School boys cross country team; congratulate................................................................................................ 3030
HR 666-- Brentzel, Curtis "Blaine" III; commend .................................................... 3030
HR 667-- Russell, Sylvia; commend ......................................................................... 3030
HR 668-- Sitherwood, Suzanne; commend ............................................................... 3031
HR 669-- Murphy, Mr. Tom; Murphy's Restaurant; commend................................. 3031
HR 670-- Franklin, Honorable Shirley; Mayor of the City of Atlanta; recognize ...................................................................................... 3513
HR 671-- Edith C. Fulgham Memorial Bridge; dedicate................................. 3039, 3064
HR 672-- President Barack Obama; select Mr. Thomas J. Harrold, Jr. as Ambassador to Germany; request ................................ 3491, 3537, 3926
HR 673-- Obama, Pres. Barack; Ga. Legislative Black Caucus; honorary member; recognize ................................................. 3482, 3509, 3510
HR 674-- Nat. Guard Day; Mar. 5, 2009; Major Gen. William T. Nesbitt; commend and invite to House.................................. 3484, 3495, 3511
HR 675-- Georgia Faith and Clergy Day Commission; create ........................ 3491, 3537
HR 676-- Hartsfield-Jackson International Airport; world's most efficient; commend .......................................................................... 3492, 3537
HR 677-- Law Day; May 1, 2009; recognize .................................................. 3492, 3537
HR 678-- Stewart, Mrs. Mary D.; commend ............................................................. 3512

INDEX

6587

HR 679-- DNC Executives, LLC; commend............................................................. 3513 HR 680-- Thompson, Mr. George W.; condolences.................................................. 3513 HR 681-- Walton, Dennis, Jr.; commend .................................................................. 3513 HR 682-- Smith, Deen Justin; commend ................................................................... 3513 HR 683-- Blairsville Scottish Festival and Highland Games;
commend.................................................................................................... 3513 HR 684-- Fahring, Mr. Alan; honor........................................................................... 3514 HR 685-- Boys & Girls Club Day at the state capitol; March 27,
2009; recognize.......................................................................................... 3514 HR 686-- Smith, Mr. George Eugene; honor............................................................. 3514 HR 687-- Dunn, Lieutenant Commander Grady Damon;
retirement; commend ................................................................................. 3514 HR 688-- Buford High School Lady Wolves basketball team; AA
State Championship; congratulate ............................................................. 3514 HR 689-- Mount Carmel Deliverance Center; commend .......................................... 3514 HR 690-- Levetan, Mr. Steven; Senator Reynolds Man of the
Year; commend.......................................................................................... 3514 HR 691-- Fort Valley State University Lady Wildcats basketball
team; commend.......................................................................................... 3515 HR 692-- National Black MBA Association, Inc.; commend ................................... 3515 HR 693-- Bell, Danny; AAA State Championship; commend .................................. 3515 HR 694-- Flowery Branch High School wrestling team; commend.......................... 3515 HR 695-- Connell, Honorable Jerome "Jack", Jr.; 90th birthday;
honor .......................................................................................................... 3515 HR 696-- Colvin, Ms. Claudette; Civil Rights Movement pioneer;
commend.................................................................................................... 3515 HR 697-- Gill, Mrs. Alice Walker Coffin; honor ...................................................... 3515 HR 698-- Parsons, Mr. James Harold; honor............................................................. 3515 HR 699-- Gunter, Mrs. G.G.; 90th birthday; honor ................................................... 3516 HR 700-- Martin, Ms. Ellen Smith; 90th birthday; honor ......................................... 3516 HR 701-- Taylor, Frank; commend ........................................................................... 3516 HR 702-- Jones County Leadership Group 2009; commend..................................... 3516 HR 703-- Twiggs County Leadership Group 2009; commend.................................. 3516 HR 704-- Wilkinson County Leadership Group 2009; commend............................. 3516 HR 705-- Porter Elementary; Reaching for Excellence on
Academic and Creative Horizons (REACH) students; commend.................................................................................................... 3516 HR 706-- Wilson, Ms. Ashlie Margaret; commend................................................... 3516 HR 707-- Beasley, Mr. G. Duke; commend .............................................................. 3517 HR 708-- POW MIA Recognition Day at the state capitol; Friday, September 18, 2009; recognize.................................................................. 3517

6588

INDEX

HR 709-- Jonesboro High School Lady Cardinals basketball team; congratulate................................................................................................ 3517
HR 710-- Royal, Honorable Richard; commend ....................................................... 3517
HR 711-- Clayton, Sam; commend............................................................................ 3517
HR 712-- Crouch, Mr. John Thomas "Man"; honor .................................................. 3517
HR 713-- Talley, Mrs. Amy Julia Moore; honor ....................................................... 3517
HR 714-- Dixie Speedway Day; May 23, 2009; recognize ....................................... 3517
HR 715-- China Day at the state capitol; March 17, 2009; recognize.................................................................................................... 3518
HR 716-- Earth Hour; Saturday, March 28, 2009, from 8:30 P.M. to 9:30 P.M.; recognize.............................................................................. 3518
HR 717-- Women's History Month at the state capitol; March, 2009; recognize.......................................................................................... 3518
HR 718-- Frey, Zachary; outstanding Georgia citizen; commend............................. 3518
HR 719-- Sears, Chief Justice Leah Ward; retirement from Supreme Court of Georgia; commend....................................................... 3518
HR 720-- Brown, Dr. Carlton E.; commend.............................................................. 3518
HR 721-- Fernbank Elementary School; chess team; congratulate ........................... 3518
HR 722-- House of Grace Health Care Clinic; Reverend Terrance Gattis; commend founder .......................................................................... 3519
HR 723-- Irvin, Jennifer Beckum; 2010 Toombs County High School Teacher of the Year; commend ..................................................... 3519
HR 724-- Akin, Sandy; 2010 Jackson County High School Teacher of the Year; commend.................................................................. 3519
HR 725-- Lang, Mark; Camden County Middle School Teacher of the Year; commend.................................................................................... 3519
HR 726-- Wood, Katie; 2010 Marietta City Middle School Teacher of the Year; commend.................................................................. 3519
HR 727-- Besson-Martilotta, Suzy; 2010 Forsyth Co. Elem. Teacher of the Year; commend.................................................................. 3519
HR 728-- Rigsby, Michele; 2010 Columbia County Elementary School Teacher of the Year; commend ..................................................... 3520
HR 729-- Pearson, Krista; 2010 Lowndes County High School Teacher of the Year; commend.................................................................. 3520
HR 730-- Desselle, Gwen; 2010 Colquitt County High School Teacher of the Year; commend.................................................................. 3520
HR 731-- Todd, Tiffany; 2010 Bulloch County High School Teacher of the Year; commend.................................................................. 3520
HR 732-- Maule, Leanne; 2009 Cartersville High School Teacher of the Year; commend................................................................................ 3520
HR 733-- Hall County; Spring Chicken Festival and Chicken City Cook Off; designate ......................................................................... 3535, 3603

INDEX

6589

HR 734-- Dublin High School boys basketball team; commend and invite to House ................................................................ 3596, 3876, 3896
HR 735-- Chant, Mr. W.J. "Bill"; condolences ......................................................... 3596 HR 736-- Hill, Chef Jason; Wisteria Restaurant; recognize ...................................... 3596 HR 737-- Nasworthy, Mrs. Karen; commend............................................................ 3596 HR 738-- Kiernan, Reverend Monsignor R. Donald; recognize ............................... 3596 HR 739-- Luke Dollar Highway; dedicate....................................................... 3603, 3874 HR 740-- House Study Committee on Sales and Use Tax
Exemptions; create........................................................................... 3873, 3935 HR 741-- Tompkins, Mr. Leon; commend ................................................................ 3626 HR 742-- Valdez, Mrs. Martha Gonzales; commend ................................................ 3626 HR 743-- Lambert, Mrs. Jean Brown; commend ...................................................... 3626 HR 744-- Ragin, Mrs. Gloria M.; commend.............................................................. 3626 HR 745-- Ross, Mrs. Evelyn D.; commend ............................................................... 3626 HR 746-- Brewton, Mr. Philip; commend ................................................................. 3626 HR 747-- Jones, Mrs. Ella Springs; commend .......................................................... 3627 HR 748-- Lynn, Major General George T.; commend .............................................. 3627 HR 749-- Ross, Ms. Earmie L.; 91st birthday; honor................................................ 3627 HR 750-- Evans, Nia; commend ................................................................................ 3627 HR 751-- Jiles, Kimmiko; commend ......................................................................... 3627 HR 752-- Mason, Sydney; commend......................................................................... 3627 HR 753-- Ellison, Tyauna; commend ........................................................................ 3627 HR 754-- Dalrymple, MacKenzie; commend............................................................ 3627 HR 755-- Alexander, Audrey; commend................................................................... 3628 HR 756-- Andrews, Alisha; commend....................................................................... 3628 HR 757-- Brunson, Delia; commend ......................................................................... 3628 HR 758-- Clanton, Shadawn; commend .................................................................... 3628 HR 759-- Fambro, Quortni; commend....................................................................... 3628 HR 760-- Daniels, Aneesah; commend ..................................................................... 3628 HR 761-- Lewis, Myke'la Lee; commend.................................................................. 3628 HR 762-- Sears, Mr. H. Frank, Jr.; commend............................................................ 3628 HR 763-- Motorcycle Safety Awareness Month; recognize...................................... 3629 HR 764-- Golden Isles Shag Club; Mr. Kennan Carter, owner of
Ziggy Mahoney's; commend...................................................................... 3629 HR 765-- Wright, Ms. Paula Carol; commend .......................................................... 3629 HR 766-- James, Mr. Royce; retirement; commend .................................................. 3629 HR 767-- Trethewey, Professor Natasha; Emory University;
commend.................................................................................................... 3629 HR 768-- Walker, Olydia; commend......................................................................... 3629

6590

INDEX

HR 769-- Vinson, Zakiyya; commend....................................................................... 3629
HR 770-- Paige, Kierra; commend ............................................................................ 3629
HR 771-- House Study Committee on Addiction Prevention, Treatment, and Recovery (APTR); create ....................................... 3873, 3935
HR 772-- Blood Pressure Down Shift Program; request creation ................... 3873, 3935
HR 773-- States' sovereignty; based on constitutional principles; affirm ............................................................................................... 3873, 3935
HR 774-- House Study Committee on Compliance by Local Governments with the Red Light Camera Law; create ................... 3873, 3935
HR 775-- United States Congress; pass legislation that addresses subprime consumer needs; request .................................................. 3874, 3935
HR 776-- States' rights; based on Jeffersonian principles; affirm ................... 3874, 3935
HR 777-- House Study Committee on the National Renewables Energy Portfolio Standards; create .................................................. 3933, 4194
HR 778-- Hambone Jam; official Georgia State BBQ Championship competition; recognize ............................................ 3933, 4194
HR 779-- House Study Committee on Sales and Use Tax Simplification; create....................................................................... 3933, 4194
HR 780-- Holder, Mr. Eric H., Jr.; United States Attorney General; recognize ..................................................................................... 3979
HR 781-- Milton High School girls lacrosse team; commend and invite to House ........................................................................................... 3919
HR 782-- Importance of American made products and services; recognize.................................................................................................... 3920
HR 783-- McCain, Jess and Nellie; 50th wedding anniversary; commend.................................................................................................... 3920
HR 784-- Tarbutton, Mr. Charles K.; commend........................................................ 3920
HR 785-- Zeigler, Mrs. Martha O.; commend ........................................................... 3920
HR 786-- Georgia 2012 Committee for the Republican National Convention; recognize ............................................................................... 3920
HR 787-- Griffin, Mr. George; condolences.............................................................. 3920
HR 788-- Barr, Ms. Anne; commend......................................................................... 3920
HR 789-- Herndon, Mr. Clyde Lee; condolences ...................................................... 3921
HR 790-- Gresham, Mr. William J. "Johnny", Jr.; commend.................................... 3921
HR 791-- Operation Boot Camp; commend .............................................................. 3921
HR 792-- Mount Carmel Deliverance Center; commend .......................................... 3921
HR 793-- Mitcham, Mr. Timothy R.; commend........................................................ 3921
HR 794-- Savannah Arts Academy's Silver Winds Ensemble, Still Waters Ensemble; and SkyeLite Jazz Band; commend............................. 3921
HR 795-- House Interns for the 2009 Regular Session; commend............................ 3921

INDEX

6591

HR 796-- La Grotta Ristorante Italiano and owners Sergio Favalli and Antonio Abizanda; recoganize............................................................ 3921
HR 797-- Morgan, Honorable Jack Hays, Sr.; condolences ...................................... 3922
HR 798-- First Presbyterian Day School girls basketball team; recognize.................................................................................................... 3922
HR 799-- Theus, Kenzie; commend .......................................................................... 3922
HR 800-- Lake Spivey Community, Inc., and Mr. James "Jim" Buckman; commend .................................................................................. 3922
HR 801-- Hilliard, Mr. Stanley G. "Duke"; condolences .......................................... 3922
HR 802-- Craddock, Mrs. Rania Hakim; commend .................................................. 3922
HR 803-- Mount Zion United Methodist Campground; 175th anniversary; recognize ............................................................................... 3922
HR 804-- Lassiter, Mr. Keith; retirement; commend ................................................ 3922
HR 805-- Malone, Mr. Jack Davis; honor ................................................................. 3923
HR 806-- Moore, Robbie Susan; condolences........................................................... 3923
HR 807-- Wood, Mrs. Tammy Guthrie; commend.................................................... 3923
HR 808-- Milton High School Debate Team; commend ........................................... 3923
HR 809-- Jenkins, Mr. Bartow; condolences............................................................. 3923
HR 810-- Warthen, Mr. William Donovan; condolences .......................................... 3923
HR 811-- Earth Hour; Saturday, March 28th, 2009, from 8:30 P.M. to 9:30 P.M.; recognize ..................................................................... 3923
HR 812-- Adams, Mrs. Pamela Badgerow; commend .............................................. 3924
HR 813-- Wilson, Mark; Will Schofield; Cathy Geis; Julie Hartline; Beverly Hall; commend.............................................................. 3924
HR 814-- Malone, Rhonda; Redan High School Lady Raider basketball team Head Coach; commend.................................................... 3924
HR 815-- Connelly, Lynne; 2008 Union Grove High School Teacher of the Year; commend.................................................................. 3924
HR 816-- Welborn, Mrs. Jean; retirement; recognize................................................ 3924
HR 817-- Union Grove High School NJROTC rifle team; commend.................................................................................................... 3924
HR 818-- Bass family; commend............................................................................... 3924
HR 819-- Georgia Tech; one-hundred years of architectural education; celebrate ................................................................................... 3925
HR 820-- House Study Committee on City and County Consolidation; create ....................................................................... 3934, 4194
HR 821-- United States Congress; adopt Fair Tax Act; urge .......................... 3934, 4194
HR 822-- Terrell, Mr. Irvin Thomas; commend ........................................................ 3980
HR 823-- Miller Grove High School varsity boys basketball team; congratulate................................................................................................ 3980
HR 824-- House Study Committee on Autism; create..................................... 3934, 4194

6592

INDEX

HR 825-- Touchton, Jim & Cecilia; commend.......................................................... 3980 HR 826-- Denniss, Julia; Georgia Spelling Bee Champion;
recognize.................................................................................................... 3980 HR 827-- Murphy, Mr. Adam; commend .................................................................. 3981 HR 828-- Sullivan, David Fritz III; commend........................................................... 3981 HR 829-- Slosheye Trail Big Pig Jig; commend ....................................................... 3981 HR 830-- James Deen Road; honorary name of County Road 212;
recognize.................................................................................................... 3981 HR 831-- Cole, Ms. Mendy; commend ..................................................................... 3981 HR 832-- Braswell, Mrs. Debra Sue; commend ........................................................ 3981 HR 833-- Holmes, Mrs. Pamela K.; commend.......................................................... 3981 HR 834-- Smith, Miriam; commend .......................................................................... 3982 HR 835-- Rogers, Hope; commend ........................................................................... 3982 HR 836-- Adams, Lisa; Leadership McDuffie Board Member;
commend.................................................................................................... 3982 HR 837-- Yates, Pam; commend ............................................................................... 3982 HR 838-- Alderman, Irish; commend ........................................................................ 3982 HR 839-- Stewart, Lynda; commend ......................................................................... 3982 HR 840-- Evans, Kelly; commend............................................................................. 3982 HR 841-- Love, Mike; commend............................................................................... 3982 HR 842-- Young, Micky; commend .......................................................................... 3982 HR 843-- Samuels, Ella Mae; commend ................................................................... 3983 HR 844-- Tucker, Lisa; commend ............................................................................. 3983 HR 845-- Whitfield, Barry; commend ....................................................................... 3983 HR 846-- Hildreth, Bobby; commend ....................................................................... 3983 HR 847-- Jones, Lagaile; commend........................................................................... 3983 HR 848-- Belcher, Mr. John William III; condolences ............................................. 3987 HR 849-- Africa Day; March 30, 2009; recognize .................................................... 3983 HR 850-- German federal government; home school; recognize
rights of parents; request............................................................................ 3983 HR 851-- Harris, Mr. Kevin; 9th District Republican Party
Chairman; commend.................................................................................. 3983 HR 852-- Ellijay Wildlife Rehab Sanctuary; Craig & Debbie
Cylke; commend ........................................................................................ 3984 HR 853-- Rueffert, Mr. Hans; commend ................................................................... 3984 HR 854-- Preston, Mrs. Azzie Lee; condolences....................................................... 3984 HR 855-- Price, Ms. Joann; commend....................................................................... 3984 HR 856-- Columbus Stars youth basketball team; commend.................................... 3984 HR 857-- Mathis, Evelyn; commend ......................................................................... 3984 HR 858-- Bowers, Alan; commend ........................................................................... 3984

INDEX

6593

HR 859-- Ferguson, Mr. Gene; commend ................................................................. 3984 HR 860-- Amerson, Tony; commend ........................................................................ 3985 HR 861-- Reese, Mr. Benjamin Charles; commend .................................................. 3985 HR 862-- Alderman, P.J.; commend.......................................................................... 3985 HR 863-- General Federation of Women's Clubs Day; April 24,
2009; recognize.......................................................................................... 3985 HR 864-- East Depot High School Class of 1969; commend.................................... 3985 HR 865-- Aaron, Stephen; commend......................................................................... 3985 HR 866-- Peterson, Dr. Robert D.; commend............................................................ 3985 HR 867-- Ray, Ms. Mildred; 100th birthday; celebrate............................................. 3985 HR 868-- Bolton, Ms. Aundra; condolences ............................................................. 3986 HR 869-- McEnery, Tim; commend .......................................................................... 3986 HR 870-- Battle, Hazel; commend............................................................................. 3986 HR 871-- Branch, Donna; commend ......................................................................... 3986 HR 872-- Brown, Sherrika; commend ....................................................................... 3986 HR 873-- Crosby, Christen; commend ...................................................................... 3986 HR 874-- Rutkowski, Sheron; commend................................................................... 3986 HR 875-- Roberts, Mr. Samuel Randolph "Randy"; condolences............................. 3986 HR 876-- Lovett High School boys lacrosse team; commend................................... 3987 HR 877-- Lovett High School girls cross country team; commend .......................... 3987 HR 878-- Traveler's Rest Baptist Church; recognize................................................. 3987 HR 879-- O'Neal, Mr. Michael; commend ................................................................ 3987 HR 880-- Galloway, Percival; commend................................................................... 3987 HR 881-- Roberts, Angie; commend ......................................................................... 3987 HR 882-- Hall, Robert; commend.............................................................................. 3987 HR 883-- House Study Committee on Care Management
Organization Performance; create ............................................................. 4946 HR 884-- United States Congress; study FICA credit scoring
system; urge ............................................................................................... 4947 HR 885-- House Study Committee on Use of Quitclaim Deeds;
create .......................................................................................................... 4947 HR 886-- House Study Committee on Uniforms in Public
Schools; create ........................................................................................... 4947 HR 887-- Cano, David; commend and invite to the House ....................................... 4879 HR 888-- Godsey, Dr. R. Kirby; commend ............................................................... 4879 HR 889-- South Atlanta High School boys basketball team;
congratulate................................................................................................ 4879 HR 890-- Bonacci, Cyndee; commend ...................................................................... 4879 HR 891-- Middle Georgia College Lady Warriors basketball
team; commend.......................................................................................... 4879

6594

INDEX

HR 892-- Winger, Ms. Kristi; legislative intern; commend ...................................... 4879 HR 893-- Wilkerson, Mr. David; commend .............................................................. 4879 HR 894-- Georgia's Visitor Information Centers Program;
recognize.................................................................................................... 4879 HR 895-- Briscione, Robert Barrett "Bo"; birth; celebrate........................................ 4880 HR 896-- Hennessey, Ms. Amy; commend ............................................................... 4880 HR 897-- Bradley, Jr., Dr. Jesse E.; commend .......................................................... 4880 HR 898-- Garner, Ms. Shelby; commend .................................................................. 4880 HR 899-- Georgia's Legacy; Older Women! (GLOW) and
honorees; commend ................................................................................... 4880 HR 900-- International Children's Month; August; recognize................................... 4880 HR 901-- Tricoli, Dr. Anthony; commend ................................................................ 4880 HR 902-- Hoffman, Dr. Robin; commend ................................................................. 4881 HR 903-- Simpson, Mr. Anthony; legislative intern; commend................................ 4881 HR 904-- Skin Cancer Awareness Foundation; Save Our Skin 5K
Run/Walk event; commend ....................................................................... 4881 HR 905-- Dearing, Jr.; Mr. Ashley K.; passing; regret.............................................. 4881 HR 906-- Marchand, Mr. Doug J.; commend............................................................ 4881 HR 907-- Franklin, Mr. John Hope; condolences...................................................... 4881 HR 908-- Lackey, Sr., Bishop Dr. Aaron B.; commend............................................ 4881 HR 909-- Scruggs, Mrs. Andrea; retirement; commend............................................ 4881 HR 910-- Nutrition Month at the state capitol; March, 2009;
recognize.................................................................................................... 4882 HR 911-- City of Moultrie; sesquicentennial anniversary;
congratulate................................................................................................ 4882 HR 912-- Teems, Mr. J. Larry; commend ................................................................. 4882 HR 913-- 100 Black Women Empowerment Day at the state
capitol; April 10, 2009; recognize ............................................................. 4882 HR 914-- Macon Alumnae Chapter of Delta Sigma Theta
Sorority, Inc. Day at the capitol; April 26, 2009; recognize.................................................................................................... 4882 HR 915-- Georgia Recreation and Park Association, Inc.; commend.................................................................................................... 4882 HR 916-- Gorman, Dr. Tanya; commend .................................................................. 4882 HR 917-- McWhorter, Joseph; 2009 STAR Student; commend ............................... 4883 HR 918-- McCain, Susan; 2009 STAR Teacher; commend...................................... 4883 HR 919-- Brantley, Suzanna; 2009 STAR Student; commend.................................. 4883 HR 920-- Culbert, Angie; 2009 STAR Teacher; commend ...................................... 4883 HR 921-- Purcell, Paul and Doris; 50th wedding anniversary; commend.................................................................................................... 4883

INDEX

6595

HR 922-- Muhammad, Ms. Rashida; commend ........................................................ 4883 HR 923-- Clanton, Mattison Luke; commend ........................................................... 4883 HR 924-- Patriots Day at the state capitol; April 19; recognize ................................ 4883 HR 925-- Jenkins, Shelia; commend ......................................................................... 4884 HR 926-- White, Mr. Ralph; commend ..................................................................... 4884 HR 927-- McDaniel, Mr. Craig; commend................................................................ 4884 HR 928-- Young Marines of Rome Georgia; commend............................................ 4884 HR 929-- Berrien, Mrs. Henrice; commend .............................................................. 4884 HR 930-- McDonald, Jr., Mr. Clarence "Pete"; commend ........................................ 4884 HR 931-- Wallace, Mr. Ronnie; commend................................................................ 4884 HR 932-- Whitley, Mr. Frederic J.; commend........................................................... 4884 HR 933-- Allaire, Krystin Elizabeth; 2009 STAR Student;
commend.................................................................................................... 4884 HR 934-- Kirk, Jeffery; 2009 STAR Teacher; commend.......................................... 4885 HR 935-- McGraw, Dr. Robert; 2009 STAR Teacher; commend............................. 4885 HR 936-- Payne, Jackie; 2009 STAR Teacher; commend ........................................ 4885 HR 937-- McDowell, Mr. Steven; commend............................................................. 4885 HR 938-- Henderson, Mrs. Suzie; commend............................................................. 4885 HR 939-- King, Mrs. Ila W.; retirement; commend .................................................. 4885 HR 940-- Youth Safety Month; May; recognize ....................................................... 4885 HR 941-- Johnson, Zachary Greg; 2009 STAR Student; commend.......................... 4886 HR 942-- Taylor, Mrs. Ginger; commend ................................................................. 4886 HR 943-- Johnson, Mr. Khalil; retirement; commend............................................... 4886 HR 944-- Spalding County 4-H program and Project S.A.F.E.
participants; commend............................................................................... 4886 HR 945-- Harvey, David and Susan; commend......................................................... 4886 HR 946-- Puff, Sharlie M.; 2009 STAR Student; commend ..................................... 4886 HR 947-- Laird and Galloway families; commend.................................................... 4886 HR 948-- Williams, Lieutenant David; commend..................................................... 4886 HR 949-- Mosley-Jones, Ms. Linda; commend......................................................... 4887 HR 950-- Thomas, Henry Charles "Chase"; commend ............................................. 4887 HR 951-- Patterson, Mr. Brice; commend ................................................................. 4887 HR 952-- Rahn, Dr. Daniel W.; accomplishments; honor......................................... 4887 HR 953-- Brooks, Miss Micenna; commend ............................................................. 4887 HR 954-- Hosea Feed the Hungry and Homeless; commend .................................... 4887 HR 955-- Cranfield, Herbert Lynn; condolences....................................................... 5165 HR 956-- Medlin, Mrs. Monica Brown; commend ................................................... 5166 HR 957-- Anderson, Chief Jimmy; commend ........................................................... 5166 HR 958-- Luther, Fire Chief David; retirement; recognize ....................................... 5166

6596

INDEX

HR 959-- Jones, Assistant Fire Chief Ricky; commend ............................................ 5166 HR 960-- Hall, John; commend ................................................................................. 5166 HR 961-- Caldwell, Mr. Harold Edwin; condolences................................................ 5166 HR 962-- Scruggs, Master Sergeant Joe Ed; condolences......................................... 5166 HR 963-- Richardson, Dr. Randy; Berry College Forensics Team;
commend & congratulate........................................................................... 5166 HR 964-- Lakeview Ft. Oglethorpe High School Academic
Decathlon Team; commend ....................................................................... 5167 HR 965-- Walker, Steven; commend......................................................................... 5167 HR 966-- Youngerberg, Thomas; commend ............................................................. 5167 HR 967-- Roye, Joshua; commend ............................................................................ 5167 HR 968-- D.L. Gorham Club; commend ................................................................... 5167 HR 969-- Atlanta Pet Rescue; commend ................................................................... 5167 HR 970-- Maiocco, Christian David; commend ........................................................ 5168 HR 971-- Stowers, Dr. Charlotte; commend ............................................................. 5168 HR 972-- Ariail, Mr. Keith; commend ...................................................................... 5168 HR 973-- Rossville Downtown Development Authority;
commend.................................................................................................... 5168 HR 974-- Abbs, Mr. Wayne Edward; commend ....................................................... 5168 HR 975-- Africa World Museum and Center; certain conferences;
recognize.................................................................................................... 5168 HR 976-- Jones, Mr. Stanley S., Jr.; 60th birthday; recognize .................................. 5168 HR 977-- Harrison, Mr. Dan; commend .................................................................... 5168 HR 978-- Davis, Juliana Rose; commend.................................................................. 5169 HR 979-- Hopkins, Sam; commend........................................................................... 5169 HR 980-- Studdard, Cathy; commend ....................................................................... 5169 HR 981-- Greer, Ms. Jennifer; commend .................................................................. 5169 HR 982-- Duncan, Dr. Gloria; commend................................................................... 5169 HR 983-- Praters Inc.; commend ............................................................................... 5169 HR 984-- Morrison, Mr. Jerald Douglas "Wedge"; condolences .............................. 5169 HR 985-- Garcia, Joshua; Michael Jenkins; commend.............................................. 5169 HR 986-- Henderson, Wayne; firefighter; commend ................................................ 5170 HR 987-- Daugherty, Gage; Joel Warren; commend................................................. 5170 HR 988-- LaFayette High School wrestlers; winning
championships; commend ......................................................................... 5170 HR 989-- Ridgeland High School football team; commend...................................... 5170 HR 990-- Thanki, Nancy; Heather Solomon; commend ........................................... 5170 HR 991-- Hostilo, Mrs. Anne; retirement; recognize ................................................ 5170 HR 992-- Lee, Mrs. Audrey Murphy; commend ....................................................... 5170 HR 993-- McCown, Mrs. Margy; commend ............................................................. 5170

INDEX

6597

HR 994-- Anderson, Honorable Wendell T.; condolences ........................................ 5171 HR 995-- Thompson, Matthew W.; Allen Strong; commend.................................... 5171 HR 996-- Lockwood, Alex; Billy Carlock; commend............................................... 5171 HR 997-- Miller, Alex; Rich Stickler; commend....................................................... 5171 HR 998-- Fuller, Mr. Mike & Mrs. Leila; commend................................................. 5171 HR 999-- 2nd Bravo 121st Battalion; 48th Brigade of the Ga.
Army National Guard; commend .............................................................. 5171 HR 1000-- Maxwell, Mrs. Minnie Lee Rainwater; 80th birthday;
commend.................................................................................................... 5171 HR 1001-- Georgia Golf Hall of Fame statues; display throughout
Augusta; request ........................................................................................ 6284 HR 1002-- Smith, Mr. Le Kevin; commend ................................................................ 6284 HR 1003-- Bailey, Mr. James N.; condolences ........................................................... 6284 HR 1004-- Rouse, Mr. William Dorsey, Sr.; condolences .......................................... 6284 HR 1005-- Harwood, Mr. Ricky Joe; condolences...................................................... 6284 HR 1006-- Duncan, Mrs. Margaret "Betty" Elizabeth; condolences........................... 6284 HR 1007-- Brown, Mrs. Ann Bell; condolences.......................................................... 6284 HR 1008-- Hill, Jr., Mr. Jimmie; condolences............................................................. 6284 HR 1009-- Smith, Ms. Darlene; condolences .............................................................. 6285 HR 1010-- Lott, Margaret Edenfield; condolences...................................................... 6285 HR 1011-- McCrary, Mrs. Jacqueline Smith; condolences ......................................... 6285 HR 1012-- Amspacher, Mr. George Leonard; condolences ........................................ 6285 HR 1013-- St. Benedict the Moor Catholic Church; commend................................... 6285 HR 1014-- Terry, Ms. Leslie Miller; Notable Woman of
Achievement; recognize ............................................................................ 6285 HR 1015-- Brescia, Mr. Billy; commend..................................................................... 6285 HR 1016-- Terry, Dr. Daniel, Jr.; condolences............................................................ 6285 HR 1017-- Talley, Mrs. Missouri Gipson; condolences .............................................. 6286 HR 1018-- Sharpe, Mr. Randall William; condolences............................................... 6286 HR 1019-- Music, Mr. Lewis Carlton; condolences.................................................... 6286 HR 1020-- O'Connor, Elizabeth Jane McLeod Walker; condolences ......................... 6286 HR 1021-- Highsmith, Mr. Joshua Thomas; condolences........................................... 6286 HR 1022-- Orr, Mr. John; Mr. Paul DiGiroiamo; commend ....................................... 6286 HR 1023-- Huff, Mr. Bruce; commend ....................................................................... 6286 HR 1024-- Parker, Mr. Jon Cameron, Sr.; condolences .............................................. 6286 HR 1025-- Southwest DeKalb High School girls basketball team;
congratulate................................................................................................ 6287 HR 1026-- Bell, Mr. Tyler R.; legislative intern; commend........................................ 6287 HR 1027-- Rahn, Dr. Daniel W.; commend ................................................................ 6287 HR 1028-- Bradley, Dr. John "Doc", Sr.; 73rd birthday; celebrate ............................. 6287

6598

INDEX

HR 1029-- Faulkner, Dawn; 2009 STAR Teacher; commend .................................... 6287 HR 1030-- Kirk, Jeffrey; 2009 STAR Teacher; commend.......................................... 6287 HR 1031-- Johnson, Zachary Greg; 2009 STAR Student; commend.......................... 6287 HR 1032-- Puff, Sharlie M.; 2009 STAR Student; commend ..................................... 6288 HR 1033-- McGraw, Robert, Jr.; 2009 STAR Teacher; commend ............................. 6288 HR 1034-- Roden, Tereon; 2009 STAR Student; commend ....................................... 6288 HR 1035-- Faulkner, Dawn S.; 2009 STAR Teacher; commend ................................ 6288 HR 1036-- Dodd, Alexandra Louise; 2009 STAR Student;
commend.................................................................................................... 6288 HR 1037-- Dodd, Julia; 2009 STAR Teacher; commend............................................ 6288 HR 1038-- Dodd, Alexandra; Mrs. Julia O. Dodd; 2009 STAR
Student and Teacher; commend................................................................. 6288 HR 1039-- DeVille, Connie; 2009 Rome City Schools Teacher of
the Year; commend.................................................................................... 6288 HR 1040-- Georgia Chapter of the Alexander Graham Bell
Association for the Deaf and Hard of Hearing; commend.................................................................................................... 6289 HR 1041-- Osal Evans Pathway Center; commend..................................................... 6289 HR 1042-- Lee, Mrs. Lucy; commend......................................................................... 6289 HR 1043-- Lindsay, Mr. Sherman Richard; commend................................................ 6289 HR 1044-- Boone, Mr. John Oscar; 90th birthday; honor ........................................... 6289 HR 1045-- White, William MacLellan; commend ...................................................... 6289 HR 1046-- Burrell, Vicki B.; 2009 Dublin City School System Teacher of the Year; commend.................................................................. 6289 HR 1047-- Chase, Jessica; 2009 Laurens County Teacher of the Year; commend.......................................................................................... 6289 HR 1048-- Cunard, Ms. Phyllis Barker; 70th birthday; honor .................................... 6290 HR 1049-- National Economics Challenge; 2009 Starr's Mill High School winners; commend......................................................................... 6290 HR 1050-- Blevins, Sarah; Margaret Barton; 2009 STAR Student and Teacher of the Year; commend........................................................... 6290 HR 1051-- Tipton, Mr. Jerry; retirement; commend ................................................... 6290 HR 1052-- Cordero, Mr. Ben; Mr. Jim Patterson; condolences .................................. 6290 HR 1053-- Lemon family and W.D. Lemon & Sons Funeral Home; 50 years service; commend........................................................................ 6290 HR 1054-- Collins Hill High School wrestling team; commend................................. 6290 HR 1055-- Wansley, Mr. Zachary; condolences ......................................................... 6291 HR 1056-- Curry, Mr. Bill; commend ......................................................................... 6291 HR 1057-- Wade, Mr. Booker T., Sr.; condolences .................................................... 6291 HR 1058-- Pooler, Mr. Thomas "Ted"; commend....................................................... 6291

INDEX

6599

HR 1059-- Hartline, Ms. Julie; 2009 National School Counselor of the Year; commend.................................................................................... 6291
HR 1060-- Bell, Griffin Boyette; condolences ............................................................ 6291
HR 1061-- Oconee Enterprise; 125 years of public service; commend.................................................................................................... 6291
HR 1062-- Murrell, Mrs. Cherrie Gaines Watkins; 100th birthday; honor .......................................................................................................... 6291
HR 1063-- Trenton First Baptist Church in Dade County; commend.................................................................................................... 6292
HR 1064-- Williams, Mr. David, Jr.; commend .......................................................... 6292
HR 1065-- Hatcher, Ms. Carolyn K.; commend.......................................................... 6292
HR 1066-- Alveraz, Mr. Francisco "Perry"; Alfredo's Italian Restaurant; commend ................................................................................ 6292
HR 1067-- Miller, Mrs. Stephanie Woods; 2009 session legislative chief of staff; commend ............................................................................. 6292
HR 1068-- Ressler, Mr. Joseph; legislative aide; commend........................................ 6292
HR 1069-- Canion, Ms. Melvalina "Lina" D.; condolences ........................................ 6292
HR 1070-- Liuzzo, Ms. Viola; unsung heroes; honor.................................................. 6292
HR 1071-- Bell, Sheriff Raymond R.; commend ........................................................ 6293
HR 1072-- Continental Societies, Inc.; commend ....................................................... 6293
HR 1073-- Scott, Mrs. Jewel; Notable Woman of Achievement; recognize.................................................................................................... 6293
HR 1074-- Schabort, Krige and Caron; United States Citizenship; commemorate............................................................................................. 6293
HR 1075-- Jones, Mr. Canton; commend .................................................................... 6293
HR 1076-- Riggs, Mr. Jack; Writers Institute of Georgia Perimeter College; recognize ..................................................................................... 6293
HR 1077-- Thompson, Mr. Joe Lee; commend ........................................................... 6293
HR 1078-- Wooten, Mr. Jim; retirement; commend.................................................... 6294
HR 1079-- Howard, Mr. Paul L., Jr.; Ms. Bettieanne C. Hart; commend.................................................................................................... 6294
HR 1080-- Lewis, Dr. Patricia J.; Notable Woman of Achievement; recognize.................................................................................................... 6294
HR 1081-- Solis, Mrs. Hilda; United States Secretary of Labor; commend.................................................................................................... 6294
HR 1082-- Edwards, Mr. Arby; commend .................................................................. 6294
HR 1083-- Delta Sigma Theta Sorority, Inc.; Iota Sigma Chapter; commend.................................................................................................... 6294
HR 1084-- Georgia Association of Black Women Attorneys Day at the state capitol; June 1, 2009.................................................................... 6294

PART IV
SENATE BILLS IN HOUSE
SB 1-- Zero-Base Budgeting Act; provide for the application (PF) ............................................................................................. 192, 193, 207, 2515
SB 2-- Drivers' Licenses; extend period of suspension; serious offenders (PF) ........................................................................ 1221, 1224, 1295
SB 4-- Constables; notify protected persons upon the service; protected orders (PF) .................................................................. 467, 468, 494, 3539
SB 5-- Motor vehicles; use of safety belts; eliminate certain exceptions (PF) ............................................................................ 406, 409, 460
SB 6-- Driver's Licenses; restricted; change the penalty for violation (PF) ............................................................................... 406, 409, 460
SB 7-- Truth in Testimony Act; require an oath; presenting evidence; committee (PF) ..................................................... 2666, 3016, 3040, 3606
SB 8-- Student Health; possession/self-admin. of autoinjectable epinephrine (PF)....................................................... 293, 317, 3820, 3964
SB 13-- Crimes; provide the imposition of life without parole (PF) ............................................................................................. 251, 252, 263, 339, 3014, 3640, 3927
SB 14-- Local Boards of Education; no person on sex offender registry eligible (PF) ................................................................... 340, 341, 361, 3493, 3637
SB 15-- Waste Mgmt; certified clean up of sites; methamphetamine (PF) ......................................................... 1305, 1309, 1399
SB 17-- Election; increase filing fees/fines; disclosure reports; filed late (PF) ......................................................................... 2959, 3016, 3040
SB 20-- Local Government; prohibit sanctuary policies; provide penalties ...................................................................................... 650, 653, 683, 3925, 4178, 4200
SB 23-- Safety Belts; provide failure to use may be considered evidence of causation................................................................. 685, 689, 1070
SB 24-- Probation Management Act; probationers; comprehensive provisions........................................................... 340, 341, 361, 3074, 3607, 3966

6602

INDEX

SB 25-- Income Tax Returns; authorize taxpayers; contributions; multiple sclerosis ........................................... 2523, 2530, 3009
SB 26-- Public Records; limit the disclosure of cert. private information.................................................................................. 495, 497, 590, 3606, 3988, 4843, 5299
SB 27-- Confederate Heritage/History Month; create........................ 2775, 3016, 3040, 3495, 4863, 6166
SB 30-- Gasoline; suppliers of automotive gasoline; fuel alcohol; define certain terms....................................................... 651, 653, 683, 3925, 4149, 6165
SB 31-- Georgia Nuclear Energy Financing; procedure for changing any rate ........................................................................ 366, 402, 591, 693
SB 36-- Local Boards of Education; adoption of codes of ethics to govern members................................................................ 2775, 3016, 3040, 3897
SB 38-- Health; authorize; Distribution of Cadavers use of dead bodies; training ........................................................................... 651, 653, 683, 3072, 3927, 4156, 6165
SB 39-- Taxes; provide for a 1% sales tax; transportation projects in special transport. ....................................................... 251, 252, 263, 672, 1070, 1188, 1196, 3869
SB 42-- Georgia Indigent Defense Act of 2003; extensively revise ........................................................................................... 595, 596, 642, 3936
SB 43-- Boll Weevil Eradication; definitions; assessments; penalties; change provisions ....................................................... 293, 294, 317, 461, 3511
SB 44-- Government; certain supplies, materials; contractual/purchasing preferences ...................................... 2523, 2530, 3009, 3078, 3645
SB 45-- Nurses; licensure; nursing education programs; revise requirements; definitions ............................................................. 406, 409, 460
SB 46-- O.C.G.A.; correct errors/omissions ............................................ 407, 410, 460, 1388, 3902
SB 47-- O.C.G.A.; correct errors/omissions; Title 21.............................. 407, 410, 460, 1388, 3903
SB 48-- O.C.G.A; correct errors/omissions; Title 47............................... 407, 410, 460, 1388, 3905

INDEX

6603

SB 49-- Georgia Registered Professional Nurse Practice Act; revise certain prov....................................................................... 408, 411, 460, 3926, 4206
SB 55-- Ad Valorem Taxation; change factors to be considered in determining fair market .......................................................... 496, 498, 590, 3607, 3989, 6353
SB 56-- Georgia StopMeth Log; establish ......................................... 2775, 3017, 3040, 3980, 4998, 6227, 6228
SB 57-- Georgia Fair Lending Act; definitions; provide for limitations on home loans ..................................................... 2524, 2530, 3009, 3936
SB 58-- Local Government; newly created municipalities; change certain prov...................................................................... 467, 468, 494
SB 59-- Electronic Mail Fraud; definitions; prohibit ............................ 686, 689, 1070, 3980
SB 61-- Life Settlements Act; license requirements for life settlement brokers ....................................................................... 265, 266, 286, 338, 3899
SB 62-- Insurance; provide certain definitions; include plan administrators; penalties .............................................................. 467, 468, 494
SB 63-- Insurance; multiple employer self-insured health plan............... 408, 411, 460, 3041, 3896, 4162
SB 64-- Detention; incarcerated persons; tested for HIV prior to release ................................................................................... 2524, 2531, 3009, 3607, 5332, 6353
SB 65-- Probation Detention Center; sentencing and confinement of certain defendants........................................ 1221, 1224, 1295, 3059, 4159
SB 66-- Meriwether County Board of Education; stagger the terms of members elected ........................................................... 496, 498, 590, 644, 649
SB 67-- Drivers' Licenses; examinations shall be administered only in English language....................................................... 2524, 2531, 3009, 3028, 3606, 4183
SB 68-- Alcoholic Beverages; counties; prohibit against sale; housing authority .................................................................. 1078, 1081, 1218, 3078, 4169
SB 69-- Domestic Relations/Social Services; sexual exploitation; expand definition ............................................. 1078, 1082, 1218, 3539, 3906

6604

INDEX

SB 70-- Election; cert. campaign contributions; require special expedited reporting ............................................................... 1079, 1082, 1218, 4195
SB 72-- Natural Resources Board; rules/regulations; watercraft; prov. ............................................................................................ 496, 498, 590, 643
SB 75-- Landowners Protection Act of 2009 ..................................... 1919, 1923, 2514, 3606
SB 76-- Workers' Compensation Insurance; revise code section............. 651, 654, 683, 1261, 3074
SB 77-- Municipal Corps.; create special district; 1500 police officers/firefighters ................................................................ 2666, 3017, 3040
SB 78-- Georgia Voluntary Remediation Program Act ..................... 1079, 1082, 1218, 1298
SB 79-- Social Services; access by certain gov. entities/persons to records..................................................................................... 651, 654, 683, 1871, 3073
SB 80-- Food Standards, Labeling/Adulteration; requirement; testing of food ............................................................................. 496, 499, 590, 1218, 3052, 3508
SB 82-- Secondary Metals Recyclers; transaction records; change provisions ................................................................. 2524, 2531, 3009, 3936, 6223, 6353
SB 83-- Ad Valorem; increase the amount of the state-wide homestead exemption; ............................................................... 318, 319, 338, 646, 1271, 1304, 3619
SB 84-- Local Boards of Education; election; revise provisions ........... 686, 689, 1070, 3603
SB 85-- Georgia Aviation Authority Act; create ..................................... 408, 411, 460, 3897, 5358, 6353
SB 86-- Voters; applying to register to vote; provide proof of U.S. citizenship ..................................................................... 1222, 1225, 1295, 3604, 6200, 6354
SB 89-- Public Transportation; consumption of food/beverages in a rapid rail station ................................................................... 652, 654, 683, 3065, 3916
SB 94-- Insurance; insured; group accident/sickness policy includes dependents up to 25................................................ 2908, 3017, 3040, 4195, 4982, 5356, 6159
SB 95-- Insurance; establish unfair trade practice; fail to consider suitability of 65 ........................................................... 686, 690, 1070

INDEX

6605

SB 96-- Ethics; reforms; provide for lobbyist training; expanded lobbyist disclosure ................................................................. 2908, 3018, 3040
SB 97-- O.C.G.A; change the designation of State Merit System of Personnel Admin. ................................................................. 687, 690, 1070, 1880, 3630
SB 98-- Retirement; State Merit of Personnel Admin. to State Personnel change ref................................................................ 687, 690, 1070, 3495, 3631
SB 99-- Boating Safety Zones; prohibit operation of certain vessels on Lake Sinclair........................................................ 2525, 2531, 3009, 3604
SB 100-- Retirement; Ga Public Defender Standards Council to Ga Public Defender Agency ....................................................... 595, 596, 642, 3936
SB 102-- Criminal Records; increase the fees for providing certain records....................................................................... 1305, 1309, 1399, 1872
SB 104-- Cosmetic Laser Practitioners; licensing; change certain provisions.................................................................................. 687, 691, 1070, 3538, 3972, 6354
SB 105-- Insurance Commissioner; health reimbursement only plans; sale; health insurance ....................................................... 652, 655, 683, 3935
SB 108-- Georgia Civil Practice Act; attorney's fees/costs; recovery; motion to dismiss.................................................. 2525, 2532, 3009, 3494, 3554, 3606
SB 109-- Retirement; judges/district attorneys; Administrative Services Dept. ....................................................................... 2607, 3018, 3040, 3058, 3632
SB 110-- Wildlife; prohibition against trapping wildlife; exception..................................................................................... 497, 499, 590, 1295, 3075
SB 111-- Wildlife; restrictions on hunting certain animals with lights............................................................................................ 497, 499, 590, 1295, 3076
SB 112-- Courts; add. criminal penalties for purposes of drug abuse treatment; prov............................................................. 1919, 1923, 2514
SB 114-- Education; transfer of students who are military dependents into local school ................................................. 1919, 1924, 2514, 3897, 4796
SB 117-- Made in Georgia Program; revise provisions; provide rules and regulations ............................................................. 1306, 1309, 1399, 3078, 3964, 4876

6606

INDEX

SB 120-- MARTA; allow contract to authorize the extension of/add.; existing rapid rail........................................................... 652, 655, 683, 4188
SB 122-- State Employees Insurance; divide Ga. Retiree Health Benefit Funds........................................................................ 1920, 1924, 2514, 3058, 3591, 6356
SB 123-- Pharmacy Benefits Managers; regulation/licensure by the Insurance Commissioner..................................................... 687, 691, 1070, 1870, 3554, 3908, 6354
SB 124-- Public Disclosure; social security numbers; public documents; not be disclosed .................................................. 1306, 1310, 1399
SB 128-- Motor Vehicles; option of owner; permanent license plates for trailers; fees........................................................... 1408, 1411, 1879, 3606, 4868, 6166
SB 130-- Electronic Lease-Purchase of Goods Act; data/personal information protection ........................................................... 2909, 3018, 3039
SB 131-- The Revised Georgia Trust Code of 2009 ............................. 1306, 1310, 1399
SB 133-- Health Share Volunteers in Medicine Act; compensation; sovereign immunity.......................................... 688, 691, 1070, 3926, 4873, 4964, 5128
SB 136-- Penal Institutions; U.S. Immigration/Customs required to participate .......................................................................... 1306, 1310, 1399
SB 141-- Property; foreclosures and deficiency judgments; change provisions ................................................................. 1307, 1311, 1399, 3606, 3970, 6165
SB 144-- Insurance Agent License; applicant authorized; repeal requirement ........................................................................... 1409, 1412, 1879, 3605, 4856
SB 149-- Uniform Athlete Agents Act................................................. 2525, 2532, 3009, 3494, 5012
SB 151-- Penal Institutions; courts/St. Board of Pardon; greater input from victims................................................................. 1222, 1225, 1295, 3606, 4174, 6165
SB 152-- Agricultural Commodity Commission for Ornamental Plants; balloting .................................................................... 1409, 1412, 1879, 3875, 4163, 6355
SB 153-- Rules of Road; use of more than one parking place by persons with disabilities........................................................ 2525, 2532, 3009, 3604

INDEX

6607

SB 154-- Superior Court of the Coweta Judicial Circuit; judges; supplemental salaries ................................................................ 688, 692, 1070, 3041, 3045
SB 155-- Soil Erosion/Sedimentation; 25 foot buffers along state waters; prov........................................................................... 1920, 1924, 2514, 3540, 3914, 6355
SB 156-- Georgia Trauma Care Network Commission; extensively revise duties; definitions.................................... 1079, 1083, 1218, 3926
SB 157-- Sexual Offenders; classification; registration, and restrictions on residences ...................................................... 1222, 1225, 1295, 3936
SB 158-- General Assembly; fiscal bills; fiscal notes regard legislation; exceptions........................................................... 2526, 2533, 3009, 3538
SB 159-- Hemophilia Advisory Board Act; create .............................. 1223, 1226, 1295, 3538, 4181
SB 160-- Education; Veterans Day; revise provision; elementary/secondary schools closed .................................... 2927, 3019, 3039
SB 162-- Private Detective Businesses; security guards; licensure for employment..................................................................... 2666, 3019, 3039, 3078, 3633
SB 163-- Human Resources Commissioner; authorize to appoint a diabetes coordinator ........................................................... 1307, 1311, 1399, 3926, 4838, 5164
SB 164-- State Highway System; signs and signals; height limitations ............................................................................. 1080, 1083, 1218, 3937, 4844
SB 165-- Community Health; income eligibility verification from Revenue; Medicaid ............................................................... 1080, 1083, 1218, 3539, 3900, 4200
SB 168-- Campaign Contributions; filing of disclosure reports; county offices; prov. ............................................................. 1920, 1924, 2514, 3604, 5030, 5330, 5594, 6199, 6220, 6262, 6365
SB 169-- Ethical Treatment of Human Embryos .................................. 2959, 3019, 3039
SB 170-- State Purchasing; prohibit cert. companies; Sudan; state contract.................................................................................. 2526, 2533, 3009, 3493, 3897
SB 172-- Victim Compensation; recovery for serious mental and emotional trauma .................................................................. 2928, 3020, 3040, 3606, 6256

6608

INDEX

SB 176-- Public Retirement Systems Standards Law .......................... 1920, 1925, 2514
SB 177-- Retirement; provide appellate court judges who become members; group term life...................................................... 1920, 1925, 2514, 3058, 3527
SB 178-- Education; advance funding, exceptional growth; embed/extend sunset date ..................................................... 1307, 1311, 1399, 3493, 4208, 5328, 5354, 5621, 6181, 6234, 6365
SB 180-- Driving Permits; allow issuance; under the influence; subject to conditions ............................................................. 2526, 2533, 3009, 3980
SB 183-- Locust Grove, City of; authorize governing authority to levy an excise tax................................................................... 1308, 1312, 1399
SB 184-- Contractor; service of notice of commencement; requirements........................................................................... 2526, 2533, 3009
SB 188-- Code Officials; provide for protection and training; definitions; penalties ............................................................. 2527, 2534, 3009, 3936
SB 191-- Stone Mountain, City of; provide new charter ..................... 1921, 1925, 2514, 3010, 3013
SB 193-- Sentence/Punishment; authorize Corrections Dept.; transitional center; final yr.................................................... 1921, 1926, 2514, 3010, 3520
SB 194-- State Purchasing; benefits based funding projects; revise provisions ................................................................... 1409, 1412, 1879, 3925, 4797, 5348, 5622, 6181, 6255, 6257, 6322
SB 195-- Professions/Businesses; clarify applications submitted in prescribed form................................................................. 2666, 3020, 3040, 3926, 4221, 4843, 5116
SB 196-- Motor Vehicles; serious injury due to a right of way; revise penalties ..................................................................... 1921, 1926, 2514, 3906, 4968, 5330, 5580
SB 198-- Natural Resources; provide costs to be covered by fee; compliance ............................................................................ 1410, 1412, 1879, 3540, 4980, 6355
SB 199-- Courts; required annual training for magistrates/probate judges; suspend 1yr............................................................... 2527, 2534, 3009, 3606, 3967, 6355

INDEX

6609

SB 200-- Transforming Transportation Investment Act ...................... 1410, 1413, 1879, 3937, 4807, 6355
SB 201-- Health; voluntary contributions through individual tax return; cancer research .......................................................... 2527, 2534, 3009, 3926, 4860, 5622
SB 206-- Governor; require tax expenditure reviews as part of budget report .......................................................................... 1410, 1413, 1879
SB 207-- Proceedings; admit general public to hearings in juvenile court; exceptions ..................................................... 2928, 3020, 3040, 3936, 4797, 4877, 6193
SB 210-- High School Program; include home schooled students; student honors programs....................................................... 2527, 2535, 3009, 3493, 3638
SB 211-- State Purchasing; exempt certain purchases Dept. of Administrative Services........................................................ 2667, 3021, 3040, 3604, 4142
SB 213-- Torts; specify manufacturer liability in certain cases ........... 1921, 1926, 2514, 3494, 3907
SB 222-- State Health/Human Services; reorganize and reestablish various agencies................................................... 2766, 3021, 3040
SB 223-- Women's Reproductive Health Legislative Oversight Committee; create .................................................................. 2528, 2535, 3009
SB 226-- Truth in Music Advertising Act............................................. 2528, 2535, 3009
SB 228-- Soil Erosion/Sedimentation; 25 foot buffers along state waters; provisions .................................................................. 2607, 3021, 3040
SB 231-- Education; establish the PROMISE III teacher's scholarship ............................................................................ 2928, 3022, 3040, 3926, 5334
SB 233-- Health; require the board to administer examinations; emergency medical tech......................................................... 2528, 2536, 3009
SB 238-- Bd. of Regents Scholarship; authorize add. types of student financial asst............................................................. 2528, 2536, 3009, 3926, 5345, 5622, 6162
SB 239-- Education; mandatory attendance; provisions ...................... 2529, 2536, 3009, 3897
SB 240-- County Bds. Tax Assessors; comprehensive rev.; assessments for ad valorem tax............................................. 2776, 3022, 3040, 3607, 3994, 5165, 5575

6610

INDEX

SB 244-- Ga. Registered Professional Nurse Practice Act .................. 2607, 3022, 3040, 3926, 4166, 4200, 4922, 5010, 5029
SB 246-- Courts; notice of the release of child from detention under cert. circumstances...................................................... 2608, 3022, 3040, 3606, 4857, 6166
SB 250-- Education; unlawful disruption; operation of public schools; revise prov. ............................................................ 2767, 3023, 3040, 3606
SB 252-- Polysomnography Practice Act; certification of polysomnographic technologists ........................................... 2767, 3023, 3040
SB 253-- Fireworks; provide a definition for the term "indoors" ........ 2667, 3023, 3040, 3927
SB 258-- Snellville, City of; voting powers of the mayor; change provisions............................................................................... 3048, 3051, 3064
SB 261-- St. Mary, City of; ad valorem taxes; municipal purposes; homestead exemption ........................................... 3614, 3616, 3874, 3936, 3942
SB 263-- Rockdale County Probate Court; compensation of judge; change prov................................................................. 3887, 3895, 3935
SB 264-- Superior Court of Jasper County; appointment of a clerk of the magistrate court .................................................. 3502, 3508, 3537
SB 265-- Public Facilities Authority of the City of Milledgeville and Baldwin County Act....................................................... 3503, 3509, 3537, 3605, 3612
SB 266-- Kingsland, City of; ad valorem taxes; homestead exemption.............................................................................. 3614, 3617, 3874, 3936, 3942
SB 267-- Woodbine, City of; ad valorem taxes; homestead exemption.............................................................................. 3614, 3617, 3874, 3936, 3942
SB 268-- Brunswick-Glynn County Joint Water/Sewer Commission; immunity for commission ............................... 3615, 3617, 3874
SB 269-- Brantley County School District; ad valorem taxes; homestead exemption ........................................................... 3615, 3618, 3874, 4195, 4198
SB 270-- Brantley County; ad valorem taxes; homestead exemption.............................................................................. 3615, 3618, 3874, 4195, 4198
SB 271-- Ringgold, City of; change corporate limits of the city ......... 4136, 4187, 4194, 4948, 4949
SB 274-- Municipal Court of Columbus, Georgia; municipal court judges; nonpartisan basis.............................................. 3888, 3895, 3935

INDEX

6611

SB 277-- Magistrate Court of Troup County; chief magistrate shall be full-time .................................................................... 4276, 4860, 4947
SB 279-- Decatur, City of; authorize all redevelopment/other powers; provide a referendum ............................................... 4276, 4860, 4947
SB 280-- Macon-Bibb County Water/Sewerage Authority; change procedure for choosing member............................... 4136, 4187, 4194, 4948, 4949, 6356

PART V
SENATE RESOLUTIONS IN HOUSE
SR 1-- Appropriations; provide for prioritized funding requirements regarding certain supplementary appropriations Acts - CA ............................................................ 409, 412, 460, 3607
SR 3-- Senate Convened; notify House of Representatives...................................... 45 SR 4-- General Assembly Convened; notify Governor ............................................ 46 SR 12-- General Assembly; authorize to provide a general law
for payment of rewards; first commercial oil and natural gas wells CA ......................................................................... 1922, 1926, 2514,
3925 SR 44-- Tax; regional local option transportation tax-CA........................ 251, 252, 263 SR 49-- "Employee Free Choice Act"; urge U.S. Congress to
oppose any efforts to adopt.................................................... 1080, 1084, 1218 SR 96-- Trustee, Board/Georgia Military College President;
urged to maintain the current military programs ........................ 341, 342, 361, 439, 3963
SR 109-- Retrofit of Diesel Engines; joint study committee; create ..................................................................................... 1922, 1927, 2514, 3048
SR 117-- Transportation, Georgia Dept.; urged to build a maglev train to be known as the "The Plane Train" ........................... 2585, 3024, 3040
SR 153-- Education Improvement Districts; provide creation and comprehensive regulation -CA ............................................. 1922, 1927, 2514, 3897, 4285
SR 176-- James H. Chandler, Jr. Memorial Intersection; dedicate...... 2585, 3024, 3040, 3897, 4264, 6167
SR 257-- Alzheimer's Disease and Other Dementias Task Force; create ..................................................................................... 2529, 2536, 3009, 3538, 4145
SR 274-- Liberty Tree of Georgia; designate tulip poplar adjacent to Dalton City Hall................................................................ 2586, 3024, 3040, 3927
SR 277-- Georgia Trauma Trust Fund; impose a charge on certain motor vehicle registrations; transferred to state treasury for purpose of funding-CA ................................................... 2529, 2537, 3009, 3876

6614

INDEX

SR 291-- National Childhood Brain Tumor Prevention Network Act; urge President/U.S. Congress to support legislative efforts to enact ...................................................................... 1410, 1413, 1879, 3926
SR 294-- Property Conveyance; authorizing 12 counties; Baldwin, Wilkinson, Bibb, Camden, Cherokee, Clarke, Emanuel, Fulton, Gordon, Gwinnett..................................... 1224, 1226, 1295, 3059, 3555, 6356
SR 331-- Health Care Transformation; create Joint Study Committee.............................................................................. 2586, 3024, 3040
SR 333-- Lamar Mobley Memorial Barn; designate............................ 1922, 1927, 2514, 3010, 3525, 4201
SR 402-- Joint Telecommunications Comprehensive Reform Study Committee; create....................................................... 2586, 3024, 3040, 3925
SR 431-- Georgia Civil War Heritage Trails; designate ...................... 2586, 3025, 3040, 3065, 3950, 6167
SR 453-- Georgia Tax Reform Commission of 2009; providing access to certain otherwise confidential Dept. of Revenue information............................................................. 2529, 2537, 3009, 3876
SR 464-- Board of Regents; urge to increase teacher production to meet the state's need for K-12 teachers ............................ 2586, 3025, 3040, 3926
SR 465-- Local School Systems/Postsecondary Institutions; value of partnership; recognize ...................................................... 2586, 3025, 3040, 3926
SR 466-- Performance Based Principal Certificate Renewal Design Team; establish......................................................... 2776, 3025, 3040, 3897
SR 504-- Ebenezer Baptist Church in Atlanta; recognize............................... 1411, 1869